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BCC Minutes 02/09/1999 R February 9t 1999 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naplest Florida, February 9t 1999 LET IT BE REMEMBERED, that the Board of County Commissionerst in and for the County of Colliert 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 Naplest 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 February 9, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ~ REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANA TION 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 CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Reverend Fred Thorn, Golden Gate United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. January 12, 1999 - regular meeting. B. January 13, 1999 - workshop. C. January 19, 1999 - workshop. 5. PROCLAMATIONS AND SERVICE AWARDS 1 February 9, 1999 A. PROCLAMATIONS 1) Proclamation recognizing the Collier County Loan Consortium. To be accepted by Ms. Nancy Merolla, Vice-President/CRA Manager, Come rica Bank and Trust, FSB and Mr. Brian Hafenbrack, Sr. Vice President/Mortgage Banking, First National Bank of Naples. B. SERVICE AWARDS 1) Luis Rosado, Road and Bridge - 25 years 2) Lumpeung Walsh, Wastewater - 15 years 3) Barbara Brown, EMS - 10 years 4) Eloy Rodriguez, Road and Bridge - 10 years C. PRESENTATIONS 1) Recommendation to recognize Randy Casey, Engineering Inspector, Planning Services Department, as Employee of the Month for February, 1999. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Christian I. Carroll rCllresenting the Ace Groull Classic, rcquesting a waiver of Temporary Use and Right-of-Way permit fees for a PGA event to be held in Pelican Marsh from February 22 to February 28,1999, to benefit the YMCA of Collier County. B. PUBLIC WORKS 1) Cost Proposals for Additional Alignment Evaluation and Traffic Modeling for Santa Barbara Boulevard Extension (project No. 60091}--- 2) Recommendation for a temporary Speed Limit Reduction from forty-five miles per hour to thirty-five miles per hour on Immokalee Road (CR 846) from Oaks Boulevard easterl)' for a distance of one mile. 3) A Report and Staff Recommendation regarding the Solid Waste Export Contract Alternatives offered by Waste Management, Inc. of Florida. C. PUBLIC SERVICES 1) Report on the status of beach access and boat launch parks. 2) Report results regarding the Park Impact Fee Study. 2 February 9, 1999 D. SUPPORT SERVICES 1) Authorization to Request Competitive Proposals for the Construction of an Office Building. E. COUNTY ADMINISTRATOR 1) Discussion regarding water retention ponds. 2) Presentation of Correctional Facilities & Law Enforcement Impact Fee Summary Reports. F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board approve a proposed Settlement Agreement in the amount of $28,000.00 for the lawsuit styled Robert P. Richman v. Collier County, Case No. 97-419-CIV-FTM-18D, now pending in the United States District Court for the Middle District of Florida. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Pelican Bay MSTBU Advisory Committee. B. Appointment of member to the Contractors Licensing Board. C. Appointment of member to the Immokalee Beautification MSTU Advisory Committee. D. Appointment of members to the Golden Gate Beautification Advisory Committee. E. Appointment of members to the Black Affairs Advisory Board. F. A Resolution of the Board of County Commissioners of Collier County, Florida requesting that the Army Corps of Engineers use the duly adopted Comprehensive Plans as the Land Use Alternative for the Environmental Impact Study for Southwest Florida; objecting to the use of any land use alternative in the Environmental Impact Study that does not strictly comply with the existing Comprehensive Plans. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIA TEL Y FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 3 February 9, 1999 B. ZONING AMENDMENTS 1) CONTINUED FROM JANUARY 12. 1999 MEETING. Petition PUD-98-17 Blair A. Foley, P.E. of Coastal Engineering Consultants, Inc., representing James Gorman, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Whittenberg Estates PUD for a maximum of 114 single family and multi-family dwelling units on property located on the north side of Davis Boulevard (S.R. 84), east of Whitten Drive, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37 +/- acres. 2) Petition PUD-98-7 Michael R. Fernandez, AICP, of Planning Development Incorporated, representing Mastercraft Homes, Ltd., requesting a rezone from "A" Agriculture to "PUD" Planned Unit Development to be known as --~j)ham Park PUD for single family and multi-family residential land uses, for property located on the west side of C.R. 951 approximately 0.6 of a mile south of Immokalee Road, in Section 27, Township 48 South, Range 26 East, Collier County, Florida, consisting of +/- 120 acres. C. OTHER 1) To consider enactment into law an ordinance to amend the Airport Authority Ordinance (No. 95-67) to eliminate the number of times a member of the Airport Authority may be re-appointed to membership terms on the Airport Authority. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition CU-98-23, A. Glenn Simpson, requesting Conditional Use "1" ofthe "A" Rural Agricultural zoning district for earth mining per Section 2.2.2.3 for property located at 7000 Big Island Ranch Road, in Section 25, Township 47 South, Range 27 East, Collier County, Florida consisting of 105.32 +/- acres. B. OTHER 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 discus~on 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) The Board of County Commissioners authorize a 100% impact fee waiver of road, library system, parl<s and recreational facilities, emergency medical services system, and educational facilities system impact fees for one house to be built by Rommy T. Smith at 313 Gaunt Street in Immokalee, Collier County, said impact fees to be paid from Affordable Housing Trust Fund (191). 4 February 9, 1999 2) Liens Resolutions - Code Enforcement Case Nos. 80331-053 - Mr. Wallace L Joyce, Mr. Lawrence Joyce, Ms. Joan H Hubbard, Ms. Barbara Showalter, Ms. Patricia Harowkewicz, Ms. Judith J Corso, Ms. Lauren K Bowers; 80514- 017 - Paul L Riddleberger Jr.; 80527-094 - Sheila Tempelmann; 80803-061 - Julio Dominguez Estate & John R Dominguez P/R 3) Liens Resolutions - Code Enforcement Case Nos. 80708-117 - Darren S & Barbara J Filkill; 80713-027 - Michael & Janet Grella; 80713-034 - Varnville Corp. % Y Braunschweig; 80721-030 - Edwin & Ines Guerrero 4) Liens Resolutions - Code Enforcement Case Nos. 80715-113 - Richard F McCullough; 80721-062 - Mimon Baron; 80722-023 - John C Garrison Jr & Virginia Garrison; 80723-072 - Lloyd G Sheehan; 80727-043 - Bruce T & Elsye K Whitmer 5) Liens Resolutions - Code Enforcement Case Nos. 80409-027 - Mr. Wallace L Joyce, Mr. Lawrence Joyce, Ms. Joan H Hubbard, Ms. Barbara Showalter, Ms. Patricia Harowkewicz, Ms. Judith J Corso, Ms. Lauren K Bowers; 80515- 025 - Elena S Grossi; 80619-039 - Palm Foundation, Inc. & Steven H Loveless, 80727-089 - Andrew CHanson; 80821-031 - Jennifer S Brandon 6) Liens Resolutions - Code Enforcement Case Nos. 80706-046 - Mary Johnson, 80708-057 - Bradar & Company, Inc. Darr)'1 J Damico; 80709-062 - Edward J & Laverda L Pelc; 80723-057 - Eileen Curran 7) Request to approve the finallllat of "Whispering Woods" 8) Request to approve for recording the final plat of "Autumn Woods Unit Three", and approval of the performance security 9) Request to approve the final plat of Immokalee Road Center B. PUBLIC WORKS 1) Allprove an Access Easement to Twin Eagles Golf & Country Club, Inc. , A Florida Non-Profit Corporation. 2) Acceptance of a Drainage Easement from Enchanting Shores Co-op, Inc. 3) Approve funding to relocate Water Main for construction of Cocohatchee Canal Widening, Project 70061. 4) Award a Contract to Allied Trucl<ing of Florida, Inc./C.B.E. Trucking Company, Inc. for Bid No. 98-2900, Transport and Placement of Beach Fill Material. 5) Petition TM 99-01 for Raised Crosswalks to calm traffic at locations proposed under the Safe Ways to Schools initiative in Golden Gate. 6) Approve Tourist Dcvelopment Category "A" Funding Applications for Beach Maintenance and Inlct Management Projects. 7) Approve final Roadway Typical Scction Designs for Livingston Road as an Urban Facility between Immolmlee Road and the Lee/Collier County Line. 5 February 9, 1999 8) Approve Change Order with Gulf States, Inc., Bid 97-2734, and Amendment to Hole Montes and Associates, Inc., Work Order HMA-95-2, related to Redundant Telemetry, Project 70124. 9) Request approval to use funds from Waste Tire Grant to cosponsor Running Track at Lely High School. C. PUBLIC SERVICES 1) Adopt a resolution authorizing the acquisition of land by gift or purchase of fee simple title interests for properties adjacent to the existing landfill in Township 49S, Range 26E, Section 25 for public recreational purposes. 2) Authorize the language and confi,'m boundaries for the Goldcn Gate Neighborhood Park MSTU Survey. D. SUPPORT SERVICES 1) This item deleted. 2) Authorization to Execute Satisfaction of Lien Documents Filed Against Real Property for Abatement of Nuisance and Direct the Clerk of Courts to Record Same in the Public Records of Collier County, Florida. 3) Award Contract for Professional Services to Prepare a Development of Rcgional Impact Aplllication for Development Approval (DRIlDA) and South Florida Water Management District Permit for the Main Government Complex, RFP #98-2856. 4) APllrollriate Carl'y Fonvard and Recognize Revenue for Rctircd and Senior Volunteer Program Fund (116), RSVP Item #1. 5) Appropriate Carry Fonvard and Recognize Revenuc for Retired and Scnior Volunteers Program Fund (116), RSVP Item #2. E. COUNTY ADMINISTRATOR 1) Approval of Budget Amendmcnt Rellort F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. H. OTHER CONSTITUTIONAL OFFICERS 1) Accept an Article V Trust Fund Grant-In-Aid of $19,496 from the Office of the Statc Court Administrator, and Authorize Chainvoman to sign the Agreement. I. COUNTY ATTORNEY 1) Recommendation that thc Board of County Commissioners allllrove the StillUlated Final Judgmcnt relative to the eascment acquisition on Parcel Nos. 140 and 840 in thc lawsuit entitlcd Collier County v. Ronald G. Bender and 6 February 9, 1999 Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 11h day of May, 1991, et al., Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road) 2) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel No. 515 in the lawsuit entitled Collier County v. David R. Clemens and Lucille C. Clemens, et aL, Case No. 98-1393-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road) 3) Recommendation that the Board of County Commissioners approve the StillUlated Order of Taking and Final Judgment as to Respondents, John A. 0 Pulling, Jr., Lucy Gail Finch, and John A. Pulling, Sr. relative to the easement acquisition on Parcel Nos. 111,112,612,711, 712A, 712B, 811A and 8UB in the lawsuit entitled Collier County v. John A. Pulling, Jr., et aL, Case No. 98- 1674-CA (Airport-Pulling Road 6-Laning Project - Pine Ridge Road to Vanderbilt Beach Road). J. AIRPORT AUTHORITY 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 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. A. Petition R-98-2, Mario Curiale requesting to change the zoning classification of a property from "A" agricultural to "C-5" heavy commercial district. The subject property is located on the north side of Tamiami Trail East al)proximately 2000 fcet east of C.R. 951 in Section 3, Township 51 South, Range 26 East, Collier County, Florida. This site consists of 3.35 acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 7 February 9, 1999 February 9t 1999 Item #3 REGULAR, CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRWOMAN MAC'KIE: We're going to call to order the meeting of the Collier County for February 9tht 1999. And I'll start with happy birthday to my brothert and we'll follow that with the invocation this morning by Reverend Fred Thorn from Golden Gate united Methodist Church. If you'll stand and after the invocation, join us in the pledge of allegiance. REVEREND THORN: Let us pray. Father God, we thank you for this new morning, to be able to be up and aboutt for the beauty of your love and care that have been with us and continue to be with us. We thank you for those who are to receive awards today, and ask your blessing to be with them. We ask your blessing to be with the commissioners as they make their deliberations. And help all of us to be just as involved and impressed with the mundane decisions that we make as the spectacular ones. We're so grateful for the opportunities you give uSt for the love that you show us. We do thank yout and we do pray in your dear name, amen. (Pledge of allegiance was recited in unison.) CHAIRWOMAN MAC'KIE: What do we have by the way of changes to the agenda, Mr. Fernandez? MR. FERNANDEZ: Madam Chairwomant we have two changes. The first is to add Item 8(A) (2). This is the discussion of the March 5th workshop on density reductiont clustering, and settlement agreement with DCA. Staff requests to discuss that date. And the second one is to move Item 16(C) (2) to 8(C) (3). That's to authorize the language and confirm boundaries for the Golden Gate Neighborhood parkt MSTU survey. It's a request from Commissioner Constantine. CHAIRWOMAN MAC'KIE: Okay. Any other changest Commissioner Berry? COMMISSIONER BERRY: None, thank you. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: No. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: Yes. I'd like to continue 16(C) (1) for one meeting. CHAIRWOMAN MAC'KIE: One meeting, yeah. And the nature of that is? COMMISSIONER CONSTANTINE: Just incomplete information that I need to put together for my satisfaction. COMMISSIONER NORRIS: What is the -- CHAIRWOMAN MAC'KIE: It's the acquisition of the gaps in the landfill property. No problem. Any objection to that? Commissioner Carter -- anything else, Commissioner Constantine? COMMISSIONER CONSTANTINE: No. COMMISSIONER CARTER: No, thank you. Page 2 February 9, 1999 CHAIRWOMAN MAC'KIE: I have one question, since we have such a long agenda today. The last item on our agenda is 13(A) (1). I don't understand why that couldn't go on consent agenda, since it had one very old objection letter that I understand has been resolved. Is there a problem moving that to summary? MR. FERNANDEZ: Mr. Mulherel can you speak to that, please? MR. MULHERE: Madam Chairwoman, no, I don't see a problem with that. I think it was just that that objection letter existed. But as you indicatedl that issue had been resolved. CHAIRWOMAN MAC'KIE: I'd like to move that to the summary agenda thenl if there is no objection from the other board members. COMMISSIONER BERRY: Do you need a motion, or are you doing it? CHAIRWOMAN MAC'KIE: I'm going to bring it. COMMISSIONER BERRY: Oh, I'm sorry. CHAIRWOMAN MAC'KIE: All in favor, say aye. COMMISSIONER NORRIS: Madam Chairman, I'll make a motion that we approve the agenda, including the changes that we have noted on the consent agenda, summary agendal and regular agenda. COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE: Motion and second. All in favorl say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes 5-0. Page 3 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING FEBRUARY 9. 1999 ADD: ITEM 8(A)(2): DISCUSSION OF MARCH 5TH WORKSHOP ON DENSITY REDUCTION, CLUSTERING AND SETTLEMENT AGREEMENT WITH DCA. (STAFF'S REQUEST). MOVE: ITEM 16(C)(2) TO 8(C) (3): AUTHORIZE THE LANGUAGE AND CONFIRM BOUNDARIES FOR THE GOLDEN GATE NEIGHBORHOOD PARK MSTU SURVEY. (COMMISSIONER CONSTANTINE). February 9, 1999 Item #4 MINUTES OF JANUARY 12, 1999 REGULAR MEETING, JANUARY 13, 1999 WORKSHOP AND JANUARY 19, 1999 WORKSHOP - APPROVED AS PRESENTED How about approval of all these meetings? COMMISSIONER BERRY: January 12th, 1999 regular meeting, the January 13th workshopt the January 19th workshop. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: Motion and second. All in favor, say aye. Opposed? (No response.) Item #5A1 PROCLAMATION PROCLAIMING THE COLLIER COUNTY LOAN CONSORTIUM - ADOPTED CHAIRWOMAN MAC'KIE: Okay. Looks like the first thing we have today is a proclamation by Commissioner Berry. COMMISSIONER BERRY: Yes, we do. If I can have Nancy Merolla? Is Nancy here? Would you come up here, please, Nancy? Nancy is the vice president and the CRA manager of Comerica Bank and Trust. And also, Mr. Brian Hafenbrackt if you'd come up here in front, please, and -- clear up front. COMMISSIONER NORRIS: All the way up where the TV cameras can -- COMMISSIONER BERRY: Turn around and face the people out there and the cameras will pick you up and you will now be on national TV. National TV in Collier County. WHEREAS -- this proclamation: WHEREAS, the Collier County Loan Consortium and the Cooperative Extension Servicet Department of the Public Services Division of Collier County, have entered into a public private partnershipi and WHEREASt the mission of the Loan Consortium is to help low and moderate income families achieve home ownershipi and WHEREASt through the Board of County Commissioners support, the extension service teaches homebuyers' education and prepares families for the home-buying processi and WHEREAS, more than 300 individuals and families have received home loans through the Loan Consortium Programi and WHEREAS, homeownership help build stronger communities by providing groups for families and a more stable work forcei and WHEREAS, 13 financial institutions have committed 12 million dollars to loan funds for 1999. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that we recognize the members of the financial institutions of the Collier County Loan Page 4 February 9, 1999 Consortium for their part in helping to provide homeownership opportunities for Collier County families. Done and ordered this 9th day of February, 1999, Board of County Commissioners, Pamela S. Mac'kiel Chairwoman. Madam Chairwoman, I'd like to move approval of this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Proclamation passes. Thanks. (Applause. ) CHAIRWOMAN MAC'KIE: It really is a wonderful program. If you'd like to say anything, feel free. MR. HAFENBRACK: I would just like to say a couple of words, please. And first thing I'd like to begin by saying that the members of the Collier County Loan Consortium very much appreciate having their efforts in the area of homeownership recognized in the way -- this way by the Board of County Commissioners. I think the key to our program's success has not only been due to some very dedicated people, but also the relationship that the member banks have formed with the Collier County Extension Service in the administration of the program. Through the extension service, not only are prospective homeowners provided with the unique financing program, but are actually shown how to realize their dream of homeownership. Simply saidl homeownership builds stronger communities. And with your support, the Consortium has assisted over 300 families achieve homeownership thus far. I'd like to note that the Consortium Program serves families with income levels to $47/2801 which represents 80 percent of the current Collier County median income. And in this income category falls our community school teacher, our hospital workers 1 our sheriff deputies, our county employees. So there's many 1 many people that can really benefit by this program. Finally, I'd like to again thank all the consortium member banks and the Collier County Commission, the Collier County Extension AgencYI and specifically a couple of quick people: Denise Blanton (phonetic) 1 Extension Director; Bonnie Falls, Extension Agent and Program Directorl Marcie Combine and Jeannie Travinol which are Extension Outreach Coordinators for our program; Tom Olliff and Greg Mihalic, both from Collier County. Thank you very much. Page 5 PROCLAMA rrON WHEREAS, the Collier County Loan Consortium and the Cooperative Extension Service, a department of the Public Services Division of Collier County, have entered into a public/private partnership; and, WHEREAS, the mission of the Loan Consortium is to help very low, low and moderate income families achieve home ownership,' and, WHEREAS, through the Board of County Commissioners' support, the Extension Service teaches Home Buyers Education and prepares families for the buying process,' and, WHEREAS, more than 300 individuals and famIlies have received home loans through the loan consortiu", . ,~~~ram; and, DONE AND ORDERED issioners of WHEREAS, WHEREAS, NOW THER he member rtium for their ;" BOARD OF COUNTY COMMISSIONERS COLLIER UNTY, FLORIDA ATTEST: ',1 February 9, 1999 Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRWOMAN MAC'KIE: Thank you. Next, Commissioner Norris, is our service awards. COMMISSIONER NORRIS: All right. Thank you, Madam Chairwoman. I have three service awards today. First one is for Barbara Brown for 10 years in the EMS department. (Applause. ) COMMISSIONER NORRIS: Our second award is for Eloy Rodriguez, also from Road and Bridgel also for 10 years. (Applause. ) COMMISSIONER NORRIS: And our big winner today is Luis Rosado from Road and Bridge for 25 years. (Applause. ) Item #5C RECOMMENDATION TO RECOGNIZE RANDY CASEY, ENGINEERING INSPECTOR, PLANNING SERVICES DEPARTMENT, AS EMPLOYEE OF THE MONTH OF FEBRUARY, 1999 - RECOGNIZED CHAIRWOMAN MAC'KIE: And now if we could have Randy Casey come forward. Randy is the Collier County employee of the month. I'm pleased to announce his selection as employee of the month. And if I can find this lovely summary, I'm going to tell you a little bit about him. Randy has been employed by Collier County since 1984. His willingness and ability to provide backup assistance to his supervisor, along with his thorough job knowledge 1 make him a valuable asset to the Planning Services Department, as well as to Collier County. Randy is a dedicated county employee and has been able to establish a well-respected relationship with developers and contractors. He exerts great effort to be available for timely inspections, including blasting inspections, preliminary water tie-ins, and lift station start-ups. Randy exceeds the expectations of his job description and is always willing to extend the necessary time and effort to assure his job responsibilities are fulfilled. without reservation, Randy Casey has been chosen as Collier County's February employee of the month. And Mr. Casey, I have this plaque for you that we hope you'll display with some pride, and a check and our thanks. Thank you. (Applause. ) CHAIRWOMAN MAC'KIE: As we move on in the agendal I wonder if there's any interest on the majority of the board of hearing -- well, Page 6 February 9, 1999 I guess we already approved the order of the agenda 1 but is there any interest in the board of hearing items that there are people here for? Obviously, the landfill issue is one. Another one -- COMMISSIONER NORRIS: Santa Barbara. CHAIRWOMAN MAC'KIE: -- is Santa Barbara. FYI, I'm working with the county administratorl trying to organize our agenda so we can do that on a little more regular basis and not have -- COMMISSIONER CONSTANTINE: Madam Chairman? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER CONSTANTINE: First four itemsl two of them appear to be 30-second items, and the other two appear to be Santa Barbara and the landfill. So you may have achieved that without even trying. CHAIRWOMAN MAC'KIE: Without even knowing it. Okay. We'll just go ahead with the agenda as it's written, then. Item 18A1 CHRISTIAN I. CARROLL REPRESENTING THE ACE GROUP CLASSIC, REQUESTING A WAIVER OF TEMPORARY USE AND RIGHT-OF-WAY PERMIT FEES FOR A PGA EVENT TO BE HELD IN PELICAN MARSH FROM FEBRUARY 22 TO FEBRUARY 28, 1999, TO BENEFIT THE YMCA OF COLLIER COUNTY - APPROVED The first one is Christian Carroll, representing the Ace Group Classic, seeking a waiver of a right-of-way permit fee for a PGA event. Is he here? MR. MULHERE: Madam Chairwoman 1 I do not see him. Perhaps he's still looking for a parking space. In any casel this is a standard request. They are requesting a three-year approval. That does so benefit -- it does meet the qualifications for a request, because the proceeds benefits the Collier County YMCA. CHAIRWOMAN MAC'KIE: Is there a motion on this item? COMMISSIONER CARTER: I would move that we waive whatever we have to do here. COMMISSIONER NORRIS: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: All in favorl please Opposed? (No response.) CHAIRWOMAN MAC'KIE: It passes five 5-0. DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 Second. Let's do it. Any discussion? say aye. Item #8A2 DISCUSSION OF MARCH 5TH WORKSHOP ON DENSITY REDUCTION, CLUSTERING AND SETTLEMENT AGREEMENT WITH DCA - WORKSHOP TO BE HELD ON MARCH 19, 1999 The next item is the discussion about the density workshop. If I could just jump in here and saYI at our long-range planning session, there was some discussion about a March 5th, I think it is, meeting Page 7 February 9, 1999 for having the DCA come down and discuss settlement issues and the density reduction program. As that has sort of hit the street, I've received an overwhelming amount of concern about the ability for people to be prepared to discuss it intelligently that quickly. While I -- I'm obviously anxious to resolve the problem with the DCA and come to some settlement, I wanted to hear from staff about what the timing requirements might be. MR. MULHERE: Thank you. One of the difficulties that we did run into, and I wanted to apprise the board of, is that the consultant's report, which we receivedl required some revisions after we reviewed it. We received it on this past Friday. Barbara Cacchione and myself reviewed that over the weekend. There were some requirements for revisions of that report, so we're sending it back up to the consultant. We could have it back probably by Wednesday or Thursday. And of course, we would have to make copies for distribution, as you can imagine 1 on a wide interest -- a wide amount of interest in this issue. That would give us exactly three weeks for review prior to the 5th. So we really wanted to ask the board if there was an interest for continuing that for two weeks, possibly till the 19th. Now, the problem that we have is that the consultants are restricted to Thursday and FridaYI and that Thursday happens to be a Planning Commission day. So that would bring us to Friday, the 19th. Of course, another Friday would also be an option. But an additional two weeks, I think, would provide us time to get those revisions incorporated by the consultants and get that distributed and perhaps remove possible criticism. The three weeks was not enough time to review the document. CHAIRWOMAN MAC'KIE: My support would certainly be for the 19th at the earliest. This iSI you know1 changing the face of Collier County, really, and in a positive way, is the way it looks to me. But it's unreasonable to think there aren't going to be repercussions and ripples out in the communitYI people who are affected by itl property owners and otherwise. Commissioner Constantine? COMMISSIONER CONSTANTINE: I agree. I don't have any objection if we delay it two weeks. I hope we don't delay it any more than that, only because -- if you're that concerned about this topic and you can't review that in five weeks' time, then there's something terribly wrong. I think the folks who may be in opposition to this need ample time to review it, but then move on. It's been three and a half years in the making as it is. This doesn't come to a surprise with anyone. We've gone through a long, long process with DCA. So to review the final documents isn't like the first blush anyone has taken of this. CHAIRWOMAN MAC'KIE: Can I ask a question? One of the concerns that I've heard is that there's not enough time to analyze the economic impact of the proposed changes if we don't delay. And I don't think the two weeks is really what people have in mind. I know Page 8 February 91 1999 that Commissioner Berry had been a strong advocate of there being sufficient economic analysis. Is that going to be presented to us? MR. MULHERE: Yes. CHAIRWOMAN MAC'KIE: information? MR. MULHERE: Yes, there is a substantial portion of the report that deals with economic impact. I'd like to add that in all of my discussions with interested parties, three to four weeks was presented as sufficient time for them to review it. Now, I recognize right now we are narrowing that down. By continuing for two weeksl I think we would be able to get the document in everyone's hands and at least four weeks for them to review it, and I think that would be sufficient time, from my professional perspective. CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: COMMISSIONER CARTER: COMMISSIONER BERRY: transportation? MR. MULHERE: Yes, that's a good question. Commissioner Berry, we did receive the reports from U.R.S. Greiner, and Gavin Jones on Friday prepared a summary review of thosel which we will include both the U.R.S. Greiner summary, as well as ourl if you will, English interpretation of that for your consideration and for distribution to the public as well. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: MR. MULHERE: Thank CHAIRWOMAN MAC'KIE: So there will be economic impact Thank you. No. I'm Bob, Any objection then? comfortable with that. were they able to get anything done on Thank you. So the 19th is acceptable? you. Thank you for bringing this forward. Page 9 February 91 1999 Item #aB1 COST PROPOSALS FOR ADDITIONAL ALIGNMENT EVALUATION AND TRAFFIC MODELING FOR SANTA BARBARA BOULEVARD EXTENSION (PROJECT NO. 60091) - ALIGNMENT nAn AND ncn AS PROPOSED BY STAFF - APPROVED Next item is the cost proposal for the Santa Barbara extension modeling. MR. WILEY: Good morning 1 Commissioners. For the recordl my name is Robert wiley. I'm with the Public Works Engineering Department. We're here before you this morning as a follow-up to a meeting that we had September 22nd, 19981 wherein you gave staff direction to proceed with this project. And what we have come back to this morning is with the cost proposal we have received to do the work you have requested us to do. We have a proposal for the additional work that you have asked us to do on considering Alignment D, which was to go around the north end of the Wing South Air Park and down the eastern side. That cost us total in the amount of $21,776 by the engineering firm of wilson, Millerl Barton and Peek to do a traffic modeling study for all of the modeling of the routes that have been presented to date. We have proposals from Tindale, Oliver and Associates. Their proposal is for $41,983. We also wanted to bring before you, as we were requested to do, the extra work that we have been having the consultants do to date on this project. We are up to an amount of $85/370, which would be inclusive of the hybrid analysis that we presented to you the last time. We're coming to you today advising you that we're seeking your recommendation and approval to authorize the paYment for the additional work done to date of $85,370. We would like to get your approval for us to proceed forward with the traffic modeling for $41/983. But staff's opinion is we do not recommend that we go ahead with the Alignment D, as we just see a lot of problems; that in the scoring analysis and matrix we develop, we don't see it as coming out to be an outstanding route that is going to stand out much better than the route we've already analyzed. So our recommendation is that we just go forward and approve the funding expended to date. Also, to authorize the traffic study and to not proceed forward with the evaluation of the Alignment D. CHAIRWOMAN MAC'KIE: Thank you. Commissioner Constantine? COMMISSIONER CONSTANTINE: Mr. wiley, what I heard you say is that it's not going to come out a whole lot better than the ones we already have. MR. WILEY: That is our opinion as of this time. COMMISSIONER CONSTANTINE: That's not my question. That sounds like it's not going to come out a whole lot worse either. And one of the concerns that we had expressed with Band C was taking up homes and minimizing that. And one of the reasons D came about was to try Page 10 February 9, 1999 to have no impact on existing homes. So if we can come out with a route that is equal or just a little better, and not do homes, that still has some interest for me. I need you to address that a little bit. MR. WILEY: Okay. One of the concerns that we noted that you had was the taking of existing homes. The route that is proposed for the Alignment D does go around the eastern side of the Wing South Air Park, and it does avoid the taking of those units that were right next to Rattlesnake Hammock Road. The possibility of still having a take of one or two units may exist. We have not done a detailed analysis. As we make the turn to head over towards the east side of Wing Park South Airport I what we have identified is that some of the ideas that were discussed on the purpose of getting there don't really still exist as well as we thought they would. When you go down the south end of Wing Park Airfieldl there's a new development under construction right now, the College Park. It sits in the way. They are building units there right now. And some of those, just after walking, stepping it off by footl you may hit the buildings, you may not. Like I say, we haven't done a detailed analysis. They're not residentiall as far as no one living in them yetI but the buildings do sit there. We don't want to take the homes either. And we are not saying we -- I think you understand staff's position on that. However, what we're saying is that from the factors that we've looked at on the permitability, the cost, the environment, things of that nature I we don't see there's that much really outstanding other than the issue of the taking the homes. We will proceed forward. We just wanted to advise you that we see some serious concerns that are out there for this Alignment D. And we're ready to go forward with it. We have presented you with a proposal to do that. We just want to make a recommendation to you what we see is the feasibility of the roadway itself. CHAIRWOMAN MAC'KIE: If what I think you're saying is we'll spend this money if you want us tOI but our professional opinion is that you're not going to -- you're going to be spending money to find out that this is not a realistic scenario. Is that an English language simply put translation of what you're saying? MR. WILEY: Couldn't have said it better myself. COMMISSIONER BERRY: Madam Chair? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER BERRY: And we are referring to Alignment D? MR. WILEY: Alignment D, yes, ma'am. COMMISSIONER CONSTANTINE: The Conlo Road. CHAIRWOMAN MAC'KIE: Which is the Conlo Road. COMMISSIONER BERRY: Rightl I think we pointed that little tidbit out. CHAIRWOMAN MAC'KIE: I don't know how that happened. COMMISSIONER BERRY: WeIll Constantine and Lombardo. Page 11 February 91 1999 But at any rate, something that I still am looking for that I have not seen, and I think it was brought up at the September meetingl this is all well and good, but you're not telling me that once you get this all hooked up beyond Davis Boulevard and hook it up to Santa Barbara northbound, where you're going to dump it out on the north end. Right now, you're going to stop at Vanderbilt Beach Roadl which the traffic would be coming up Logan Boulevard, which is a two-lane road after the primary intersection at pine Ridge. It becomes a two-lane road. And then it dumps -- it finishes up at the current Vanderbilt Beach Road extension. Where do we go from there? MR. WILEY: Okay. That is totally outside the project area, but I will head up there. COMMISSIONER BERRY: I understand that. But againl I can't support any of this until you can tell me what the complete plan is for this roadway. MR. WILEY: There is a development just north of Vanderbilt Beach Road. COMMISSIONER BERRY: I'm aware. MR. WILEY: It's Village Walk. And along their western boundarYI they do have a provision for the road to the north. COMMISSIONER BERRY: Island Walk. Village Walk is the other way. MR. WILEY: North of that, as far as I'm aware, we do not have the right-of-way. However I from my understanding, and we can look at this to give you more specific answer, because I'm not in the Planning Department on that end, but I believe the road will eventually have a connection up to Immokalee Road but will not project north of Immokalee Road. COMMISSIONER BERRY: You haven't solved the problem, my opinion. Just a person who happens to live on Immokalee Road, an overburdened roadway, currently, even though it is going to be widened at one point. But what are you going to achieve? Once you bring it up to Immokalee Road, then what? MR. WILEY: It will go east or west. COMMISSIONER BERRY: That's right. Then the same thing is going to happen when you get it down to Rattlesnake Hammock Road, then what's going to happen? It's still going to go east or westl because you still don't have a full commitment from Grand Lely to put that roadway in. CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: anything. Other comments from commissioners I or do you have speakers? COMMISSIONER CONSTANTINE: Correct me if I'm wrong on this Grand Lely issue. The timing of this road -- we are not going to build this next year. The timing of this road is actually about 10 years away. MR. WILEY: At the quickest. It is shown as being needed by the year 2020. COMMISSIONER CONSTANTINE: And so we will have every opportunity to see either Grand Lely is constructed in 20 years or it's not. Page 12 That's the big question. That's my whole problem with this. without thatl I don't visualize doing February 91 1999 MR. WILEY: That's one of the purposes of this corridor analysis is to define the corridor. We are not designing the roadways right now, just selecting the corridors, so for long-range planning purposes. COMMISSIONER CONSTANTINE: Proactive novel concept. CHAIRWOMAN MAC'KIE: What a concept. COMMISSIONER NORRIS: Commissioner BerrYI I understand your concern, it's very well founded. However I for the discussion that we have before us, I think it's more appropriate to separate the two areas and deal with them on a separate basis. The whole purpose of this roadway we're discussing is to improve traffic circulation at the south end. I understand that they're going to have to work on the north end as weIll but that is, you know, many miles awaYI and something that we do need to discuss probably in the fairly near future. But I would encourage you to separate the two discussions for today. CHAIRWOMAN MAC'KIE: Commissioner Constantine? MR. WILEY: Mr. Kant is here, if you would like him to discuss it, north of Immokalee Road. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: One other thing we had given for direction last time, and I don't see anything about this since it is a separate related issue, is the first turn when you're coming north-south on proposed C, where the first turn iSI we had talked about the possibilities of bumping that a little to the north. And there are a couple of wetland issues now. But it avoided some of the homes. We still take, in that scenario, take homes near the southern end of the road. But it avoided several homes up near that top end. Have we done anything with thatl or are we still on track for that? MR. WILEY: That is what we included in the Alignment D, but that is a very minor shift what we can do with C and D. They can both shift in that direction. COMMISSIONER CONSTANTINE: So we can still stay on track of that? MR. WILEY: We can shift it quicker to the east on the north end. It just makes a tighter turnl is all it does. COMMISSIONER CONSTANTINE: Thank you. COMMISSIONER CARTER: If I can understand this, because I'm late to this party, you really would prefer us or recommending to us that we consider a hybrid between A and C and then eliminate D? MR. WILEY: Okay. Let me show you on the graphics here. Okay. Commissioner Carter, if you will look on your screen, what you see is -- I tried to color them in and hopefully the colors will show them up. The alignment due north and south is in green. That is the A alignment. COMMISSIONER CARTER: Yes. MR. WILEY: The C alignment starts off, as you start down A, and then you see itl veers over in red, comes down along the west side of the Wing South Airport. B is in blue, which goes around and comes down the east side. Page 13 February 9, 1999 We had identified an Alignment B, which roughly is through there, it was between A and C. And in the Alignment B evaluation, as we scored itl it came up with almost the very same scoring as Alignment CI but resulted in splitting the community almost right down the middle, right through people's backyards. COMMISSIONER CARTER: That's not a good idea. MR. WILEY: C went around to the east. A stayed to the west side. So we have already evaluated a B alignment; however, they do come out. Band C end up on Rattlesnake Hammock at the same point. To come out in this area is not good. It is the deepest water in the whole area. That is the major slew flowway through there. COMMISSIONER CARTER: So we're getting down to A and C, if we drop D. MR. WILEY: A and C. Or if you want us to evaluate itl we will evaluate D, also. That's what we are here for is to show you the proposal. But as we're looking at some of the obstacles D is going to facel we're saying it is probably not going to score any better than COMMISSIONER CARTER: Your professional judgment, though, we drop the evaluation of D. MR. WILEY: At your direction, we would not do it. CHAIRWOMAN MAC'KIE: But it's your recommendation that we drop D. MR. WILEY: That's correct. COMMISSIONER CARTER: Thank you. COMMISSIONER CONSTANTINE: Did I hear you say that you're still looking at A, too? Haven't we been through this like three times at this point? MR. WILEY: Yes, sirl we have. What you have asked us to do is to do the traffic analysis including A, is my understanding. That's why it's shown on here. COMMISSIONER CARTER: I'm also -- it's my understanding that you have buffered st. Andrews Boulevard in the studies of the traffic coming off of A would have to go to the right or left and could not come through. MR. WILEY: That is correct. We have made the assumption that there will be an intersection configuration. There's no north-south traffic. COMMISSIONER CONSTANTINE: Help mel if I remembering this wrong, board members I but wasn't that -- Commissioner Hancock made a suggestion about what if we just put a two-lane roadway down through there on Route A, it wasn't actually using Route A as an alternate? MR. WILEY: That is our evaluation we're talking about. COMMISSIONER CONSTANTINE: That would be in addition to the route CI not instead of? MR. WILEY: Right. What we were asked to do is to look at a traffic evaluation along C, along D, including a two-lane A, attached to C or D. We also had the ability, if you want us tOI to do an A standalone within -- those are areas that we brought to you so that you can begin to tell us what you don't want us to do. But we know that you wanted A as a two-lane attached to C and/or D. Page 14 February 9, 1999 CHAIRWOMAN MAC'KIE: Just so I can stay clearl what I'm interested in supporting is a two-lane A and C. MR. WILEY: which is fine. We are set up to do that. CHAIRWOMAN MAC'KIE: That's my personal -- COMMISSIONER NORRIS: I wonder if we could have the child removed, please. We're trying to conduct business. Just for Commissioner Carter's benefit. I know you weren't here before. The reason why we did not choose Alignment AI which appears on the map to be the simplest way of doing things, is because if you do that, our staff has told us that you'll have to make 951 an expressway with three flyovers. 41 has to be eight-laned at some point. Rattlesnake Hammock has to be six-laned between that attachment point and the Grand Lely Boulevard. And even after doing all those -- all that road network essentially fails in the future. So -- COMMISSIONER CARTER: So by having two lanes therel two-lane C would alleviate that problem. COMMISSIONER NORRIS: A four-lane C. Four-lane C is what we're looking at. CHAIRWOMAN MAC'KIE: A four-lane C and a two-lane A. COMMISSIONER NORRIS: Which makes the entire road network function to a much better degree out in the future. But the point of going to C is while it's politically not going to be as popular a thing to dOl financiallYI when you consider all the improvements that have to be done to associated road networks, you're probably talking in future dollars, 30, 50 million dollars more to make all these improvements. Nowl you're going to hear people probably say that it's cheaper to do A. Well, no, it's not. COMMISSIONER CONSTANTINE: Yeah, if all you consider is the roadway between those twol it may be, but the impacts of doing A cause so many other reactions. CHAIRWOMAN MAC'KIE: The dominoes fall. COMMISSIONER NORRIS: After you spend all that extra money I you still have the favorable roadway. COMMISSIONER CARTER: Thank you. CHAIRWOMAN MAC'KIE: We have one public speaker. MR. FERNANDEZ: Yes, Madam Chairman. Reverend Peter Lyberg. REVEREND LYBERG: Good morning. CHAIRWOMAN MAC'KIE: Good morning. REVEREND LYBERG: I'm on the losing cause. My advocacy has been all the way along for Route A. And I think if they were going to spend some additional time studying costs, I think it would be better to verify the domino effect. I have lived in that area for 25 years, and I've seriously questioned whether that is that much of a domino effect if you move a road connection just a short distance from the straight alignment to where C connects in, it would have that kind of disastrous overall network effect. I really question that one. Route A has been the alignment set for 25 years. It's the oldest designated alignment all the way through. A lot of money has been spent on doing studies trying to find another route. Page 15 February 91 1999 D came about as a last minute sort of thingl the Conlo designation. And whether you take that route out of the picture separately and look at it, it is a very winding sort of thing. It's a strange looking road for that. I guess the Biblical equivalent of Moses and the wilderness would be Route DI because it goes everywhere but nowhere I especially when it gets down to where the housing is for the Edison Community College. So I urge that that would be dismissed, as the staff is recommending. I also urge that C be dismissed. The people living behind the church there, I get calls from them if something can be done. They are afraid about losing their homes, their property. They bought land back there to be away from a road and suddenly the road is following them and is chasing them. So that you end up -- Route C is in an area that scores poorl all the evaluations that were done before. A, even though it's the desire to drop it, is the best scoring route of all of them. It keeps coming up on the best for a number of reasons that they use in their criteria. But C would be disruptive for the residents, all the way from the south end with Sheriff Aubrey Rogers, all the way up to the north end. There's a lady in a wheelchair that calls me every so often, she's worried that she's going to lose her house and her property up there for a road that they try to avoid. Route A, to me the unique feature with Route A is that it's equidistant between 41 and 951. It splits the traffic. It doesn't dump it in anyone direction, but splits it between the two. There are two left turn lanes going on to 41 to go southbound. They're already there as a part of the future planning of it. So it has that. Route A consistently gets the best scores in staff and engineering evaluation. It's a commonsense route. It's straight from there to there. You can hardly beat that. And the extra bonus is that it protects St. Andrews Boulevard, which I think is vitally important because of the community there. It would be another attractive and, I thinkl an efficient T-intersection. We have a number of them in the county that work very well and function well. And that would be an additional one that can do that, rather than winding around. It saves taxpayers moneYI because a good bit of that right-of-way along A already belongs to the county. You don't have to go out and buy it. And most of alII it takes -- Route A takes no one's home. Anybody that's built along there has known for 25 years that that was going to be a road. There's no surprise. Nothing suddenly sprung upon them. Like Route C and D and the hybrid and everything else have been just surprises that have really greatly disturbed people that live there and I think has been unfair to them. So I urge Route A be the route to be continued -- to be considered. Thank you. CHAIRWOMAN MAC'KIE: We appreciate your diligence. Any other speakers? MR. FERNANDEZ: No speakers, Madam Chairwoman. CHAIRWOMAN MAC'KIE: What's the will of the board? Page 16 February 9, 1999 COMMISSIONER CONSTANTINE: If you're going to go ahead and look, I assume we're looking at C both with and without the two-lane, right? MR. WILEY: Yes, sir. That is what we were looking at; that is, C is as a standalone, C with a two-lane A coming off of it. CHAIRWOMAN MAC'KIE: C also includes connection with Grand Lely? MR. WILEY: Yes. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: that. COMMISSIONER CONSTANTINE: I'll second that. CHAIRWOMAN MAC'KIE: Any discussion on the motion? All in favor, please say aye. COMMISSIONER NORRIS: Aye. CHAIRWOMAN MAC'KIE: Aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Opposed? COMMISSIONER BERRY: Aye. CHAIRWOMAN MAC'KIE: Motion passes 4-1. That's what I support. And I'll make a motion that we do approve Item #8B2 RESOLUTION 99-112 RE TEMPORARY SPEED LIMIT REDUCTION FROM FORTY-FIVE MILES PER HOUR TO THIRTY-FIVE MILES PER HOUR ON IMMOKALEE ROAD (CR 846) FROM OAKS BOULEVARD EASTERLY FOR A DISTANCE OF ONE MILE - ADOPTED Okay, next we have 8(B) (2) I recommendation for a temporary speed limit reduction on Immokalee Road. Talk to us about this, Mr. Kant. MR. KANT: Edward Kant, Transportation Services Director. This is a request that is in conjunction with a development project. The Old Cypress Golf and Country Clubl formerly known as the Woodlands I is putting in a new structure and some turn lanes, which temporarily will also function as a construction access for the South Florida Water Management District's Cocohatchee Canal Improvements. We been requested to request of the board temporary speed reduction because of the heavy truck traffic and the construction work in the area. COMMISSIONER NORRIS: Motion to approve I Mr. Kant. CHAIRWOMAN MAC'KIE: You've been requested by whom to request? MR. KANT: By the developer of the Old Cypress, formally known as the Woodlands Country Club. COMMISSIONER CONSTANTINE: I can't support the motion for that very reason that it seems like we are inconveniencing the public for a private development. And whether there's truck traffic or not coming -- it's a major thoroughfare I it's a bottleneck as is and CHAIRWOMAN MAC'KIE: It's already a mess. COMMISSIONER CONSTANTINE: -- slowing that down is going to just affect the ability to move traffic on that much more to do that Page 17 February 9, 1999 because the developer has got a lot of truck traffic going into a private development. MR. KANT: Well, that's not entirely true, Commissioner. The major portion of the truck traffic in the early stages of the development of the construction are going to be due to the work that's being done by the Water Management District. The request originally came from our officel because we felt that with all that amount of construction, as we typically do on county projects when we're working within those rights-of-way, we request a reduction of the speed limit. So while the developer is, in fact, the catalyst for thisl I think it would be more accurate to say that the request is a staff request. CHAIRWOMAN MAC'KIE: Is this a public safety concern? MR. KANT: We are accommodating the developer as well as the Water Development District. Yes, ma'am, it is a safety issue. COMMISSIONER CARTER: This will be for what period of time? MR. KANT: We anticipate at this point that the bridge is just about complete, the turn lanes. Water Management District tells us they'll be out of there by April. So I would estimate about 60 to 90 days. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: The individual who happens to live next door to this -- almost next door to this development, I don't think anyone in that area would not probably support that 30-mile-an-hour speed limit -- CHAIRWOMAN MAC'KIE: As a safety issue? COMMISSIONER BERRY: -- as a safety issue. You have to go 35 miles an hour in the morning anyway because you can't move. So I don't know that making it legal and just putting up a sign up is going to make a whole lot of difference. I would support going along with the 35 miles an hour. CHAIRWOMAN MAC'KIE: Is that a second? COMMISSIONER BERRY: That's whatever you want to make it. I'll make it. I'll make the motion. COMMISSIONER NORRIS: I'll make it. COMMISSIONER BERRY: I'll second it. CHAIRWOMAN MAC'KIE: Well, it sounds like I had misunderstood the item, that it's a safety issue. Is there any other discussion? If not, all in favorl please say aye. COMMISSIONER BERRY: Aye. CHAIRWOMAN MAC'KIE: Aye. COMMISSIONER CARTER: Aye. COMMISSIONER NORRIS: Aye. CHAIRWOMAN MAC'KIE: Opposed? COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: Motion passes 4-1. MR. KANT: Thank you, Commissioners. Page 18 FEB 0 9 1999 RESOLUTION NO. 99- 112 A RESOLUTION TO AUTHORIZE A SPEED LIMIT REDUCTION TO THIRTY FIVE MILES PER HOUR (35 MPH) ON C.R. 846 (IMMOKALEE ROAD) FROM OAKS BOULEV ARD EASTERLY FOR A DISTANCE OF ONE- MILE. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners to alter of establish speed limits on roads under its jurisdiction; and WHEREAS, C.R. 846 (Irnrnokalee Road) falls under the jurisdiction of the Board of County Commissioners; and WHEREAS, in accordance with Section 316, Florida Statutes, the Board of County Commissioners may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS; the results of such engineering and traffic investigations determine that the reduced speed limit is reasonable and safer under the conditions found to exist and it conformity to criteria promulgated by the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does hereby establish a thirty five miles per hour (35 mph) speed limit on C.R. 846 (Irnrnokalee Road) from Oaks Boulevard easterly for a distance of one mile, and does hereby direct the County Transportation Services Department to erect appropriate advance warning "REDUCE SPEED AHEAD" signs and speed limit signs giving notice thereof. 2. These speed limit reductions shall cease when appropriate at the discretion of the County's Transportation Services Department. 3. A copy of this Resolution be forwarded to the Collier County Sheriffs Office for proper enforcement of the of the established speed limit for C.R. 846 (Immokalee Road) within the designated segment. i': !i Jhis resolution adopted after motion, second and majority vote favoring same this .~4~yof~ ,1999. ..' ,. . ". ) ',.. ~ ~'-.'. :v', "~' v~ ~ .~ .' \'. ,~:~\ :~. BOARD OF COUNTY COMMISSIONE COLL COUNTY, FLORIDA "-:,,",, ~ ',ATTEST: .... DWIGHT E. BROCK, Clerk ..;B~;;,~~:~~..J DeptitY Clerk Attest as to Cha1naan's signature on1". Approved as to form and legal sufficiency: ~<-.CS/' -r y Tomas C. Palmer o Assistant County Attorney By: February 91 1999 Item #8B3 REPORT AND STAFF RECOMMENDATION REGARDING THE SOLID WASTE EXPORT CONTRACT ALTERNATIVES OFFERED BY WASTE MANAGEMENT, INC. OF FLORIDA - WASTE MANAGEMENT CONTRACT PROPOSAL REJECTED CHAIRWOMAN MAC'KIE: Now, the item of the day, a report and a staff recommendation regarding the solid waste export contract alternatives. MR. ILSCHNER: Good morning, Madam Chairmanl members of the Commission. For the record, my name is Ed Ilschnerl Public Works Administrator for Collier County. Yes, today we are to bring to you a status report on our trucking contract negotiations with Waste Management of Florida. Let me give you just a brief history, for the benefit of the audience and the record. This process began on January 6th, 1998 when the board directed our staff to develop an RFP to investigate the possibility of trucking waste out of Collier County. We developed the RFP request for proposal and it was issued on January the 30th, 1998. We received responses in March and presented to this board on March the 24th, 1998 the results of that request for proposal. We had two respondents. The first respondent was Waste Management I Incorporated of Florida. And the second respondent was Chambers Waste Systems I a subsidiary of U.S.A. Wastel Incorporated. At that board meeting, Waste Management was chosen to have submitted the best response to that request for proposal, and staff was directed to negotiate a contract with WMI. At that same meeting, the county attorney suggested that we obtain the services of outside counsel who had particular expertise in this area of contract negotiations and make them part of our negotiating team. We developed, I thinkl a negotiating team that had broad backgrounds in this particular area of expertise. And they included County Attorney David Weigell Solid Waste Director David Russell, myself, Mr. David Dee of Landers and Parsons, Mr. Mark Lawson of Giblin and Nickerson, and John Haus of David and Griffith Associatesl as well as Mr. Robert Zachary of the County Attorney's Office sitting in on those negotiations as well. The negotiations began with Waste Management, Incorporated of Florida. And I make the point of stating that, because things changed as the negotiations progressed. We began negotiating with a team comprised of Ron Antevy, Susan VerseYI Ron Caplan and Steve Bigelow of Waste Management I Incorporated of Florida. And then subsequent to thatl the merger of U.S. Wastel Incorporated and Waste Management occurred. And a transition -- a transition period associated with management changes began at that point in time. We ended up with a final negotiating team by Mr. Steve Bigelow that hasn't changed from the very beginning, Mr. Ron Kaplan and Mr. Page 19 February 9, 1999 Randy Holcumb. And those were the people that we completed our negotiations with. Early in the process, there were several key issues that were noted. In section 9 of Waste Management, Incorporated proposal to the county, they took exception to several concerns that they had and noted those exceptions. They are: They wanted to have a full CPI adjusted fuel cost, plus they wanted to be able to adjust that fuel cost for any extraordinary events that occurred; they wanted an extra tonnage delivered to the landfill; and should that not take placel they wanted a sliding scale to ensure that whatever tonnage they started out with always remained; and then they wanted a full 20-year term with no termination except for cause for force mazure acts of God events. We also at the beginning of the negotiation process, just prior to those negotiation meetings taking placel albeit we did not include this concern in the RPFP. After visiting with our expert counsel that we obtained to assist in this process, talking with the county administrator, we determined that it was imperative to place the county in a position to avail itself of future technologies that might be very cost effective in the future. And so we felt it imperative that we start an early out clause in any contract that we negotiated. It is typical in the industry to have a five, 10, 15-year history. And obviously, there is some consideration or compensation of each one of those option periods. We felt that very, very important. So that became a very important -- or underpinning issue for us to achieve in the county in those negotiations. We didn't agree with the consumer price index, for we felt like the consumer price index handled it completely over time. And so we took exception to thatl as well as what we felt was a put or pay provision. Let me explain what a put or pay provision is. That's where you guarantee you will provide X amount of garbage I and if you fail, you agree to it anyway, at an agreed to price. They set up a put or pay floor of about 4.2 million dollars. And over that timel as I mentioned, we had the transition from a management team that put the original proposal together, to a management team that basically had nothing to do with the original proposal that was put forth. But we ended negotiations on December 17th with a letter, following a letter from Waste Management on December 18th setting forth two alternatives and in sort of a take it or leave it type posture. Briefly these alternatives were -- and I'll start with Alternative BI and I've provided you a list with three alternatives. Alternative C was a hybrid alternative that we put forth to them, but they rejected that in their letter of December 18th. The two viability alternatives that they expressed were viable was Alternative A and B. B included $26.99 per ton for the waste to be processed and that did not alter in their response for proposal. Page 20 February 9, 1999 I'm just going to cover the highlights here. Not everything was in the contract. The main things that we had concerns with were the fuel adjustment. They wanted in that particular Alternative B a base for fuel of $1.10. That $1.10 would be adjusted over time with a consumer price adjustment, plus if there were any events that occurred -- peculiar problem and fuel jump way high, then the county would be responsible for the differential between the $1.10 and whatever that price may end up being, for whatever period of time that price may exist at that level, before it came back down to the base cost. They wanted a sliding scale, basicallYI going from 100 percent where they start and increasing the price per ton up to 117 percentl or a base price, put or pay pricel of 4.2 million dollars. And they did not allow any early termination clause whatsoever associated with Alternative BI which was not palatable to your negotiating team. That alternative would cost the customer annually an additional $14.94 per year. And in Attachment 31 we explain to you how we arrived at that particular cost in Attachment 3. Alternative A provided the county a lot of things that they wanted to have. We wanted to have the early out. We only wanted a CPI adjustment only. So they gave us two things. In order to achieve thatl they set a price of $34.15 per ton. We were looking for something less than that, but would have agreed to the CPI adjustment only in this particular proposal as well. And that is the base rate put or pay provision. We don't believe that's in the county's interest and would not recommend that in either alternative to you. And then they gave us the 10-year out. But in order to achieve the 10-year outl it's going to cost us, whether we exercise that 10-year option or not, 21.4 million dollars to exercise that particular option, plus pay for 60 percent of the straight line appreciation cost of the transfer station. In alII over a 20-year periodl this particular alternative, allowing to us have the 10-year outl would cost the county and its ratepayers for the system 50 million dollars above Alternative C. The 23.60 is what that equates to per customer annually. And again, Attachment 3 explains how we arrive at that. Our negotiating team, after much thought, recommends to you that we reject these alternatives as being not in the best interest of Collier County. We would recommend to you that you continue landfill operations under the current landfill operating contract at your current site. While at the same time, and I want to emphasize thisl while at the same time aggressivelYI and I underline the word "aggressively," initiate actions to ensure that improvements are put in place that will eliminate the odor migration from that landfill site. That's our duty. That's our responsibility. We shouldn't shirk that. We should accomplish that at whatever cost it's going to take if we are going to stay at that site. (Applause.) Page 21 February 9, 1999 MR. ILSCHNER: We're also recommending to you that you continue to investigate solid waste disposal or alternatives during the next two years. We're not in a crisis situation. We have approximately two years to evaluate a lot of different alternatives that may be available to us out there. We need to make a decision, however, one way or another, by the end of the year 2001. That's what I would call our drop-dead date to make some decisions to move ahead. Finally, we would recommend that you continue the process to acquire site L, which we feel, as a staff in our professional judgment, is essential that you be in the position to control your own destiny in the future. You can't control outside contractors and what may happen. You need to place yourself in a position to control that destiny. We feel that this is certainly something that we would strongly recommend that you continue to do is acquire Site L. At this point I'd like to, with your permissionl to call on David Deel who has been our outside consultantl to ask him to share any lessons learned and any final comments that he may want to share with you as our consultant in this process. David? CHAIRWOMAN MAC'KIE: Thank you. MR. DEE: Good morning. As you heardl I'm David Dee. I work for the Landers and Parsons firm, in Tallahassee. I represent a lot of communities around the State of Florida on solid waste issues. I've been working in this area for nearly 20 years now. I've had the good fortune to work with your staff on this project for several months nowl and there are a couple of things that have become clear to me. with regard to the contract that's in front of youl that's a relatively easy decision, at least from my perspective, for this board to make. The Alternative A that Mr. Ilschner mentioned to you comes with a price tag that would run approximately 50 million dollars higher than Alternative B. At that price tag, it simply is not warranted I does not provide the benefits to the county to warrant the decision to sign that contract. So I think we can dismiss with that alternative fairly quickly. The other alternative may be more difficult to evaluate, but, again, I think the staff has correctly concluded to reject that alternative, for the reasons Mr. Ilschner has described. Most communities in Southeast Florida will tell you that they would never ever consider a put or pay contract. There are many of those communities that signed a put or pay contract with Wheelabrator (phonetic) for the construction of the two waste energy facilities in Broward County. There the staff and the consultants were all confident that the communities could easily provide the solid waste that was needed to satisfy their obligations under the put or pay provisions of the contract. As it turned outl they were mistaken. Things happened that nobody anticipated. They lost their ability to control the flow of solid waste as a result of a Supreme Court decision that no one Page 22 February 9, 1999 anticipated. They had a declinel a downturn, in the generation rate of solid waste in those communities. For those reasons I the folks in Broward County in particular will tell you, don't sign a contract with put or pay provision. We've tried to get around that issue in this instance and we've been unsuccessful. In addition, there's a concern about the length, the 20-year term of the alternativel as Mr. Ilschner indicated. That locks you into a scenario where you would be precluded from taking advantage of recycling or composting or other technologies that might come available and allow you to decrease the amount of solid waste that you generated; that is to say, if those technologies allows you to reduce your waste generation to level below those required under the put or pay provisions of the contract. SimilarlYI if a better alternative came along, a closer landfilll maybe an interlocal agreement with another community, you would be foreclosed from taking advantage of those options. Nowl I will be the first to admit that the price that is attached to the alternative of 26.99 is an attractive price for the first part of the contract. But over timel the profit margin that would be earned by Waste Management will increase. And over timel it's my belief and the belief of the consultant we've been working with on this issue, that price will become non-competitive. But again, that assumes that you have an alternative and that requires us to speculate about what those alternatives might be, but it is certainly an issue to give you cause or concern. In terms of the big picture, as Mr. Ilschner indicatedl one of the fundamental lessons that I think we've all learned or we've had reemphasized through these negotiations is that this community especially should be concerned about its ability to control its self-destiny and its ability to control its solid waste cost. Because the problem that you're facing in this instance is that even if you sign the 20-year contract, you don't know what's going to happen after 20 years. You don't know what options will be available to you. And you are going to be subject to whatever is out there in the marketplace. If there is not a cost-effective alternative, you face the potential of having ever escalating costs for solid waste services. Now, I'm not here to advocate any particular alternative. I don't know enough about your site selection process or Site L. I don't know about your existing landfill. But clearly, you do have some time to pursue both of those alternatives. Clearly, if you do pursue the ownership of your own landfill, you're in a position to control your costs better than if you rely on a private facility. For a couple of reasons: Firstl it's closer to you, so you don't have the long haul costs that you incur if you were to haul outside the county. Secondly, you can issue tax exempt bonds. You can raise the capital that you need to fund the purchase of the land and the equipment at a lower cost than what a private company would pay. Page 23 February 9, 1999 ThirdlYI you don't need to make a profit on your ownership of that facility. These solid waste companies typically make pretty healthy profits. In our negotiations, we were told repeatedly that Waste Management wanted a profit of 20 percent or greater. Well, that's 20 percent that you don't need to earn. That's 20 percent of savings that you can offer your citizens. So that's another reason why having the ownership of your own facility is a big advantage in terms of providing the pUblic with the most cost effective alternative. And the final thing is that if you own your facilitYI you can adjust your plans, you can respond to emergencies, you can change your operations quickly and in a relatively cost-effective manner. It's much more difficult if you're locked into a contract with a private operator where you have to come back and negotiate for a change orderl where you're really not in a good position to evaluate what the cost ought to be for that change order. So for all of those reasonsl I would encourage you to think carefully about your options and how you might take control of your destiny for in terms of controlling the costs that you experience with solid waste services. If you have any questions, I'll be happy to answer them. Otherwise I I'll be here and be available for questions. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: I don't have any questions, Madam Chairman. I would move that we reject the Waste Management trucking contract and we remove that part of our discussion in view of that and come back to the other issues. COMMISSIONER BERRY: I'll second that. COMMISSIONER NORRIS: We might have a pUblic speaker. CHAIRWOMAN MAC'KIE: We do have pUblic speakersl I'm sure. But this is not a public hearing. We could have a motion and a second on the floor. We can vote on that, can't we, Mr. Weigel, before we even hear public speakers? MR. WEIGEL: Yes, we can. COMMISSIONER CONSTANTINE: Is there any reason we wouldn't want to hear from the public? CHAIRWOMAN MAC'KIE: No, except for that Commissioner Carter's idea is a good one, I think that I'm suspecting that people who are here are mostly here on the question of do we move the landfill or do we not. Not do we truck or do we not. And at least we could get the trucking question out of the way. Is there an objection? COMMISSIONER CARTER: That's the purpose for my motionl to get the trucking issue out of the way so we can go to the other. CHAIRWOMAN MAC'KIE: Based on that understanding, there's a motion and a second. All in favorl please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That motion passes 5-0. Page 24 February 9, 1999 At this pointl do the commissioners want to make any statements, or shall we go straight to the public? Goodl straight to the public. MR. FERNANDEZ: Madam Chairmanl you have 31 speakers registered to speak on this issue. I'm going to call them two at a time so that we can expedite them coming up to the microphone. The first two are Bruce Packham and Mike Taylor. MR. PACKHAM: Madam Chairwoman and members of the County Council, I'm here -- my name is Bruce Packham and I'm here representing myself. In August of 1997, my wife and I sold all of our possessions up north and became full-time residents of Florida for all the obvious reasons. We purchased, in March of 1998, a house at the juncture of Route 951 and Davis Boulevard known as Naples Heritage Golf and Country Club. It is a closed community. There are some 40 individual homes of which we own one. And there are a large number I 700 total units, housing unitsl most of which are verandas and villas. By air milesl we're about 1.6 miles from the landfill. And I'm here to dispel any notion that any of you may have that there's no stench associated with that landfill. I am hoping that -- although the situation in truth has improvedl by the way, since the apparently major offense was perhaps the composition of gypsum board since January of this year, and it may be only because of the climatic changes, I'm not -- I don't have a long Floridan history to say. But it may be that because of the climatic changes or the change in the management of gypsum board being put in that landfill that the situation with respect to odor has improved. But on the other handl this morning when I woke up, 10 and behold, there was that favorite stench. I would very much like to see, as a private individual I and I know I don't have any clout politically, but I would very much like to see that the present plan for the closure of that landfill be continued through and, in fact, did close in the year 2003. The fact that I have to go through four more years of that doesn't thrill me, nor does it thrill my neighbors I all of whom may not be here today, but theY're here in spirit at any rate. And I would very much like to have full speed ahead with any additional incorporation of technologies which would reduce the landfill smell that would continue for the next four years. In the summertime, this past summer, it was really bad. You couldn't do any outdoor activity at all. You had to -- if you had any gathering of any kind, you had to have it inside, whether it was nlce and beautiful and balmy. You had to have it indoors because the air conditioning was essential to clear the air. That's about all I have to say. And thank you very much for your consideration. CHAIRWOMAN MAC'KIE: Thank YOUI sir. I wonder if -- COMMISSIONER BERRY: I have a question. And I don't know, I think -- that's fine, sir. Thank you very much. Page 25 February 9, 1999 This is of staff. I think -- and I just need to know if this is fact or fiction. If we closed the landfill tomorrow, would there still be an odor problem there? Who can answer that question? COMMISSIONER CONSTANTINE: I suspect you want to hear from staff, but I'll be glad to answer that, too. MR. RUSSELL: For the record, David Russell, Solid Waste Director. If the landfill was closed, a liner material -- a plastic liner material would be placed over those cells so that your ability to capture all the gasses being generated would be much greater. Not to say that you would eliminate them 100 percent. It's a mechanical system. There are pumps and vacuum devices and so on and so forth. You would have some occasional maintenance situations where you may have some odorl but their frequency would be much less than it would be now. CHAIRWOMAN MAC'KIE: I also wonder if for the purposes of -- we closed off the one discussion about trucking to move things along. Is there anybody on this board who questions whether or not there's an odor associated with the landfill? I mean, if there are people here who are trying to convince us of that -- COMMISSIONER BERRY: It stinks. CHAIRWOMAN MAC'KIE: -- I'll tell you right up front I'm clear that there's an odor associated with the landfill. (Applause. ) COMMISSIONER CARTER: Madam Chairwoman, I would agree. We all know there's a problem there. I'm interested in what we do to eliminate and control that process with the technologies that I've been researching, reading, that it's therel there are ways to do this. And my concern is that we move forward and get that thing under control versus moving the problem. (Applause. ) COMMISSIONER CONSTANTINE: While I appreciate your aggressive nature towards thatl that's not a new argument. This isn't as though no other commissioner has looked at efforts to deal with odor. And we've had -- over the last six years that I've been on the commission, it's been due to the gasl it's been due to the cover material used, it's now the gypsum board, and then it was the water plant. And there's always an excuse. And every time that particular excuse is addressed, 10 and behold, the landfill still smells. So a promise that we're going to get that technology and we're going to make it stop smelling rings hollow for me. (Applause. ) COMMISSIONER BERRY: Tim, I understand where you're coming froml but what you're saying iSI you're going to move the stink from one part of the county to another part of the county. (Applause. ) COMMISSIONER BERRY: I'm not -- and basically what we're going to do is we're going to pit one group of people in this room against another group of people in this room, and I'm not in favor of doing that. And that's not my concern. Page 26 February 9, 1999 I don't think until we can prove to the residents perhaps where this might be moved or whateverl I'm not saying it's going to be them, but whenever we might move thisl until I can prove to them that this landfill can be a good neighbor -- and we haven't been a good neighbor to the folks in Golden Gate. We acknowledge that. We haven't been a good neighbor. And until we can do thatl I'm not going to burden another group of people with this thing. We have got to get it under control. And yes, the water department might have been a problem of it. CHAIRWOMAN MAC'KIE: Part of it. COMMISSIONER BERRY: And it was part of that odor. But there certainly is another odor associated. Nobody's denying that. And I think Waste Management I we know that we have a contract with them. I believe, Mr. Weigel, it is in the contract. It states that they are to use all efforts or any technology or whatever it iSI whatever the wording is, maybe you have that and can say it for us, please. MR. WEIGEL: Best management practices. COMMISSIONER BERRY: Best management practices. Well, if we can't do this -- they do it in other areas. We need to get it under and we need to get a handle on this problem right now. And it can't go on. And until I've got a demonstrated time frame where I can say to the rest of the county, look, we've done it, we've done our jobl come out therel take a look, smelll give it the sniff test, do whatever, how can I say to another group of people, well, you're not worth itl we're just going to bring it in and put it in your backyard? I don't think that that's fair. CHAIRWOMAN MAC'KIE: I'm kind of sorry that I opened this up for speeches. My only reason for saying anything was I thought it might save time if there are people here who are here for the purpose of telling us that the landfill smells bad. You can hear that there are five people up here who know that and you could just save that amount of time is what my goal was. COMMISSIONER CONSTANTINE: Madam Chairman, and I realize you want to get back to the speaker, I think that's a good idea. We probably all should save our comments until the end, but I don't want to be mischaracterized. I'm in no way suggesting that we pit one part of the community against the other. We can discuss that in discussion later. CHAIRWOMAN MAC'KIE: Okay. Let's go back to the speaker. MR. FERNANDEZ: Mike Taylor and Fred Thomas. MS. TAYLOR: Good morning. I'm Mike Taylor. I'm here on behalf of Collier Enterprises, Agribusiness Division and Consolidated citrus. I'll be brief and to the pointl because I know we've got 31 speakers here. As you may know, we don't think it's a good idea to move the existing landfill. Moving it would cost a great deal of money and it would not resolve the odor probleml as we've talked about here briefly this morning. And it would not benefit the public. The proposed Page 27 February 9, 1999 landfill site will cause great damage to the land that we might move it on and any surrounding properties near that landfill. This property is not needed for landfill. In factI no property is really needed for a new landfill. I would think that you would take this under consideration and hope that you make the right decisions. Thank you. CHAIRWOMAN MAC'KIE: Thank you for your brevity. MR. FERNANDEZ: Fred Thomas and Ron Hamel. MR. THOMAS: Fred Thomas I for the record, from Immokalee, Florida. My -- you're going to hear about the environmental concerns. You're going to hear about all these other concerns. I'm going to say two things to you. My office is 1.2 miles away from the existing landfill in Immokalee. I never smelled an odor at all. Maybe you need to have those people train the folks over here on how to run one. (Applause.) MR. THOMAS: Number two -- COMMISSIONER CONSTANTINE: Or maybe I Fred, we should just reopen that one, since it's not a problem. MR. THOMAS: Number two -- I meanl that's an active landfill that theY're using on an everyday basis right now. Number twol that landfill is adequate for the community of Imrnokalee. It does not make sense for the Immokalee residents to have to subsidize the operational expense for moving the landfill closer to us that we don't need. It just does not make sense for that to happen. Unless you all are going to develop a way to charge more to get further away from the landfilll we'll end up subsidizing a landfill that we don't really need that doesn't belong to us. Thank you all very much. MR. FERNANDEZ: Ron Hamel and then William Suckow. MR. HAMEL: Yeah, good morning, Commissioners. For the record, my name is Ron Hamel, and I'm executive vice president of Gulf Citrus Growers Association, and we represent 34 citrus growers and 35,000 acres of citrus here in Collier County, including the groves that have been selected in Site L by the county for possible condemnation. In July, '96, I wrote this commission in opposition to removing and uprooting up to 1/000 acres of citrus to re-site this landfill. I stand before you today to respectfully restate our association's position in opposition to the condemnation of the citrus groves to build a new county landfill. More specifically, we are certainly opposed to the continual pursuit of Site L by the county for that purpose. One of the reasons that citrus has grown so well and been so productive in this county is that the lands are conducive to citrus. They're among the best citrus growing lands in the world and make our industry very competitive here in Southwest Florida. In fact, our whole region has gone from just about nothing in the industry up to representing about 25 percent of production in the state. So each acre of citrus land is extremely important to the overall health and well-being of our industry here in Southwest Florida. Page 28 February 91 1999 Alsol we would like to remind this commission that permitting a new landfill is probably one of the most difficult things to do, particularly in a county like Collier, which is extremely environmentally sensitive. with the land availability as scarce as it is in the countYI we ask, why is it not in the best interest of this county to maximize the existing space and keep the landfill and address the issues surrounding the odor issue? Again, we certainly do support what has been said here by county staff regarding the fixation of the odor problem. IronicallYI I was on the East Coast this past weekend and I was cutting across trying to get from Indian Town Road over to the main drag back from West PalmI and I took Jog Road and went right through a major landfill over there in West Palm. And basicallYI it was an extensive operation. I couldn't believe how long it was. It was several miles longl in fact, with all kinds of different recycling facilities, et cetera. It was massive. It must have beenl I don't know, 201 30, 40 feet high. But I put the windows down in the car just to go through itl coincidentally, and I didn't pick up much of any kind of odor, whatever that landfill -- whatever procedures they use there. But we certainly are opposed to the pursuit of site Land removing citrus for production to site a new landfilll and we appreciate this commission's interest in support of our industry. Thank you. (Applause. ) MR. FERNANDEZ: William Suckow and Arnon Greit. MR. SUCKOW: Thank you, and good morning. I'm Bill Suckow, as was mentionedl and I'm president of the homeowner's association at Orangetreel and I represent our growing community. Now, we registered with the commission last January our concerns and our opposition to relocating the landfill within 10 miles of our growing community, where we believe there are issues of safety and health, among others. Now, I'd like to address our views in the context of the staff's recommendations on how to proceed. The first was to continue landfill operations and aggressively -- and it was emphasized very strenuously -- aggressively pursue improvements to eliminate odors. Now, we believe we shouldn't solve one problem by creating another. We've heard that manYI many times. We purchased at Orangetree because of its location. It's out in the country, so to speak. There was nothing objectionable around us. We knew, however, eventually growth would catch up to us. Because in Orangetree alone, we have approximately 5,000 single-family homes I not to mention the existing community that already exists in the surrounding area. We now have a new elementary school under construction on oil Well Road, with construction of a middle school to startl I understand, right next to it, later this yearl and possibly even a high school in our area. Now, Orangetree and the surrounding area is rapidly growing, as is the whole Immokalee corridor. We are facing ever-increasing Page 29 February 9, 1999 traffic on an entirely inadequate Immokalee Roadl and oil Well Road as well. Much of it is heavy traffic from earth mining operations. It's already deadly. Add school buses and now a daily flow of trucks to and from a proposed landfill and you have an increased mix of trucks and buses that can only best be described as a disastrous situation. It makes no sense to supposedly fix one problem and then create another. Our citizens are not only concerned about the traffic problems, but health problems that may be created as well. The location of a landfill that is very near a canal system that drains hundreds of square milesl whose water carrying dangerous materials from the landfill could adversely affect the 21 working wells in the area, including Golden Gate City and Naples. We believe the potential for this contamination should be investigated more thoroughly. Now, with respect to the second recommendationl we support the investigation of disposal alternatives, including other export opportunities that may develop during now and May, 2001 or 2003. We have the time, so we should take advantage of it and explore the use of technology. Now, with respect to the third alternativel we believe the steps to acquire LI which has been mentioned as very productive landl should not continue until all efforts to eliminate the odors at the present site have been completed, and this has already been emphasized by the commission, and other disposal opportunities investigated. We should be spending money on fixing the problem, not creating another. The danger that we see is, if you proceed with acquiring site L before you've exhausted the elimination of other avenues and export opportunities, it's too easy to say we've got the land, we spent the moneYI let's move the landfilll and thus creating another problem without fully and thoroughly investigating your options. It's advocated that you can save dollars by purchasing the site. But you need first to know the impact of that purchase. My dad used to saYI Bill, keep it simple. Don't eat the elephant all at once. Eat the elephant a bite at a time. The staff recommendations, 1 and 2, represent prudent bites. The Alternative 3, acquiring Site LI represents eating the whole elephant, something we believe you should not do now. Thank you. (Applause. ) MR. FERNANDEZ: Next two speakers are Arnon Greit and Tom Jones. MR. GREIT: Good morning, Madam Chairwoman I and Committee. My name is Arnon Greit. I'm the president of Countryside Golf and Country Clubl which is located between Davis and Radio Road. We have established this morning that we do have odorsl so I won't get into that. But we do have a problem, I think, that is greater than just the odors and that is a landfill that's matured, a landfill that is producing excessive amount of methane gas. This is due to age. And I'm also sure it's due to mismanagement. Because I'm sure if we were starting to develop a landfill over again at Golden Gatel we'd do it quite differently. So it may be a case that the Page 30 February 9, 1999 problems that Golden Gate cannot be corrected in a long term as a landfill. You also have the issue of state and regulatory agencies that violate -- cited you for violations, and this is going to increase in frequency. When they once get you on their listl theY're going to continue to visit your location. The other thing is that a community growth is a stress for the facility. This morning in the paper, it was clear that Collier County has grown at 30 percent in the last three and a half to four years. Economic impact is up 10 percent. So that you have a community that is growing. How long can this landfill you have presently support the expansion that is going on in Collier County? The quality of life here in Collier County is very special. We have one of the finest communities in the State of Florida. And also, the issue that has helped bring us to this point as far as the quality of life is the performance of the commissioners over the last several years. You folks have had long-range planning. You've had sound decision-making in how you directed the course of the direction of this county. I'm sure you're going to do the same thing as far as addressing this landfill issue. What do we gain by delaying the new location of this facility? I believe we're going to have more trouble. We're going to have more difficulty. Federal agencies are going to be more of a hounding issue for you to deal with. Also, voter unrest is going to be on the increasing amount of agendas as you visit various communities in the Collier County area. Waste Management cannot be put on a holding position. I believe you're really copping out on the issue if you do not take the action that's required. There's no question that the present location has served the county weIll has tried to perform the function that you designed it to do. But the growth of Collier County has impacted greatly on the accomplishment of that goal that you had a number of years ago. It may be time for the location to be placed somewhere else in Collier County. We certainly, as a community, need to work together, join together in solving the management of our waste production. You have the money, you have a quality site locationl you have voter support to do something. It's your responsibility to protect the quality of life in Collier County and to protect the property values that we all have invested in over the last several years. Your vote for a relocation is a vote for progress as you enter into the 21st Century. Thank you very much. MR. FERNANDEZ: Next speaker is Tom Jones and then Wesley Roan. MR. JONES: Good morning. For the record, my name is Tom Jones I and I'm employed by the Barron Collier partnership. I'm here today speaking on behalf of myemployerl the company that owns the 1,100 acres citrus grove and sod farm generally referred to as Site L in county documents. We generally refer to it as south Grove. Let me state plainly, we have not been a willing seller in the past with respect to this site, we are not a willing seller today with Page 31 February 9, 1999 respect to this sitel and we will not be a willing seller in the future with respect to this site. We are opposed to the development of a new landfill on agriculture properties in Collier County, including our properties. I have stated previously that if there is an odor problem at the existing county facility, the county should do everything possible to correct the problem. You owe that to everyone. The solution to the problem must not be to move the problem to another location within Collier County. We do not see a public necessity or benefit to moving the landfill to another part of the county if the reason stated is an odor-related problem that can be corrected with improved technology and aggressive management. If the odor cannot be controlled at the existing facility, how will it be controlled at the new facility? If the odor can't be effectively controlled as required by permit, we will be back here in the future talking about odor problems and the only thing that will have changed is the location of the problem. The existing facility has a minimum life of 20 years. If the efficiency of the facility is increased and air space utilization is enhanced, the life of the facility could be significantly increased. A previous commission bought 300 acres adjacent to the facility to expand. Who knows how long this facility could be used if that land were incorporated into the existing facility. But things change and new commissions rethink positions of previous commissions. Alternatives for our trash disposal must be developed and evaluated that do not involve traditional land filling in our county. As a community, we need to come together to develop solutions to our long-term trash disposal needs that go beyond land filling. I ask the commission today to do the hard thing and the right thing, and that is to correct the problem. The easy thing to do here today is to move the problem somewhere else in Collier County. Thank you. (Applause. ) MR. FERNANDEZ: Wesley Roan and then patricia Mureebe. MR. ROAN: Good morning I Commissioners. Thank you for the opportunity to speak. My name is Wesley Roan. I've been a resident of Golden Gate for 26 years. I'm also a member of the Agribusiness community. I agree with many of the things Mr. Jones just said. If we can't control the odor problem at the current landfill with new technology, what is there to make me believe that we're going to control the odor by moving the landfill to another location? And if we can control the odor in the current landfilll let's do it and utilize the land that we've already purchased and is available to manage solid waste for Collier County for the next 20 years. I find it hard to believe that we're just willing to move one problem to another. Commissioner Mac'Kiel you suggested before we got started that there might not be anybody who's really interested in the trucking issue. WeIll from a personal nature I I'd be more than happy to spend $15 a year to not establish another landfill in Collier County. (Applause. ) Page 32 February 91 1999 MR. ROAN: Againl living close to the landfill, there's obviously a problem. We all know it. I sure hope that we're not blowing smoke about the ability to control the problem. If we can, if we can establish a landfill project, let's cover up the one we've got. If we can't guarantee that we're going to eliminate the smelll then there's no waYI regardless of where we go, we're going to solve the problem. Please don't move one problem to another location. MR. FERNANDEZ: Patricia Mureebe and then Cheryl Newman. MS. MUREEBE: Good morningl Madam Commissioner and Commissioners. I'm -- my name is Patricia Mureebe, and I'm speaking for myself, and I can see that that probably puts me at a great disadvantage I but I think so. I do wish to make a few points on this. First of all, I live off Davis Boulevard, near Route 951. We are painfully aware of the problems at the landfill, those of us who live in the stench zone. I was told that by last Thanksgiving there would be a methane collection and flame burn solution to the problem. That has not existed. There has been some diminution to the problem, but only minor. I wish to say that I would almost challenge any licensed professional engineer in the State of Florida to guarantee me that short of capping this landfill with an effective methane collection and flame burn, that a solution to the odor problem can exist. I would also question whether a new landfill employing proper technologies with adequate management would have comparable problems. I have heard a number of times about moving this landfill. The landfill is not to be moved. The problem exists here and the solution has to exist here. A new sited landfill hopefully with proper management and technology will not generate the problems that those of us, especially individuals I have to face. I would ask that the commissioners, as individuals, think of what individual people in this area are going through, and would weigh and assess the monetary interests of corporate interests with those of us who are simply living here. Thank you very much. (Applause. ) MR. FERNANDEZ: Cheryl Newman and then Ruth DeLate. MS. NEWMAN: Good morning, Commissioners. For the record, Cheryl Newman. I'm the president of the Golden Gate Area Civic Association. First I'd like to say that what I am going to say to you today, you've probably all heard before several times, except for maybe one commissioner at the end, Mr. Carter. I don't intend to stand up here and tell you that I'm going to represent my community with any kind of legal action if you choose not to move the landfill or close the landfill. I know that's been done before. I think it's time for the commission to step up to commitments they've made in the past. And what you're saying today is that you need to explore more avenues of technology. I think we've been hearing that for a lot of years. And it's continued to progress as far as the amount of days that we do have to endure the smell. I was hoping that the trucking proposal was going to be a good one this morning I which would help the citizens that surround Golden Page 33 February 9, 1999 Gatel not just Golden Gatel as you've heard this morning. There are other areas that are being affected by it. UnfortunatelYI the trucking was not a good cost effective way to do it. I think there may be other companies out there that might be willing to be a little bit more competitive. Maybe we didn't research enough avenues with that. I think it is time that we need to move forward. We talked about 2001 being a drop-dead date. That's just around the corner. I know it takes time to purchase property. It takes time to permit that property. If we don't move forward nowl we're going to be talking about this in 2001. I do agree that something still needs to be done with the odor. There's been a lot of people offering innovative ideas. Fans. I'm not sure that would do anything more than carry it a little further. But I guess what I'm trying to say is that we need to bring back the credibility that the people have for the commission and not back step on some other items that they've already covered before in the past. And I thank you very much for allowing me to speak this morning. CHAIRWOMAN MAC'KIE: Mr. Fernandez I maybe before we call the next speaker, I bet our court reporter is going to need a five-minute break after this next speaker. MR. FERNANDEZ: Ruth DeLate is the next speaker. CHAIRWOMAN MAC'KIE: Thank you. MS. DeLATE: Madam Chairman and Commissioners. Nowl this is deja vu. I've been here before and I know that this has been addressed many times by a lot of these people. And you've talked about the odor problems, so I know you don't want to face it again. But it is terrible. And it's time again for us to say, move the landfill. We've gone through it. It was okay. I thought we were coming here today to say yes, it was fine. We're going to either transport it or we're going to move it. And you've checked off one, so it has to be the other. We're going to move the landfill. Let's go ahead with it. Now, I have checked with an environmental specialist and he said the same chemicals that come out of the oil refinery are in our air from the landfill. This includes mercaptans, furems (phonetic), sulfonated organicsl odorless methane and hydrogen sulfate. These chemicals are all harmful at a certain level. Must we smell them every day? Now, by moving it, I agree, there will certainly be new innovations and new experiments that people have used in other places where there aren't smells. Why should we be subject to this day after day? It doesn't mean that I am every day affected by it, but in this community, which is in a five-mile radius, somebody is smelling it. And we're tired of the same old garbage, pardon the pun, that we keep hearing from this county commission. We are not ignoramuses. We need you to realize that people's health is more important than oranges or maybe even tomatoes. And I would like all of you commissioners to pay attention and move this landfill. Thank you. Page 34 February 91 1999 (Applause.) CHAIRWOMAN MAC'KIE: Thank you. Be back 20 till. (Recess.) CHAIRWOMAN MAC'KIE: Okay. We'll call the meeting back to order. If you'd go back to your seats. Quiet down, pleasel if you would. Ladies and gentlemen, we're calling the meeting back to order. Mr. Fernandez, can you get us back on track? MR. FERNANDEZ: Madam Chairwoman, the next two speakers are Robert R. Marvin and Sonya Tuten. MR. MARVIN: Hello. CHAIRWOMAN MAC'KIE: Hello. MR. MARVIN: You know, in the many years I've lived in this state, which I can't say all my life, because I'm not dead yet -- CHAIRWOMAN MAC'KIE: Sirl if you could identify yourself for the record. MR. MARVIN: My name is Robert Marvin. I'm a waterman for 50 years in the State of Florida. Ran yachts, ships, shrimp boatsl and done everything else in the water you can think of. My family has been here since 1795. We're an old-timer. We work at it. We eat plenty of the right food. COMMISSIONER NORRIS: MR. MARVIN: Yes. I live within the area of the landfill, I've never smelled the landfill. I haven't. here, there's enough apathy in the community why there isn't more of them here. Now, yesterday I had a man in my truck, a federal man, a gentleman named Nathaniel Reid. He has family members that live on the East Coast. And we were discussing some other things besides the landfill. It has something to do with the fishery. And the thing I don't understand is in time, even if it's a 20-year life expectancy on the landfill, if possibly used the right way, I think with the development as far as it's moving on withl I don't think that the 20 years will be enough. I think 10, 121 15 years, I think 90 percent of it is going to be used up anyway I even if you use the other 300 acres. Because look at the cells as they are today as they were 17 years ago. The think that I would like to see, if -- and I hope in time there's no litigation that comes out of this through the community. I won't be here. I feel that it's time for the old-timers to move on. But I feel that you do have a problem. There's a large area being developed out there now on 951, and you're going to have discussions from those people. And I think they have the -- hopefully enough interest to come down here and speak to you folks about it. Mr. Constantine, I didn't have the pleasure to meet you, but I received your letter. I know what it is to sit where you are and making commitments. I was a commissioner north of here for seven years. It's not easy. They don't know that. It's not easy. I've been involved with the environmental areas of the State of Florida for Page 35 We'll take a five-minute break. Do you have something to say to this board? about five miles away. But I feel this way I live inl I don't see February 9, 1999 30 yearsl so I know what it is to travel to Washington, travel to Tallahassee and so on. I would hope to think that if you make a decision to move this landfill, with all the new technologies they have, you could do a better job. It's not your history. Obviously, you weren't here that time that it was built. We checked into the areas of when it was started, and we looked at some different decisions. We talked about it yesterday. There's three ways to look at it. One, either the City of Naples packs up their own garbage and moves it elsewhere. Let them deal with their garbage and any other citYI Marco City or Isle of Capri City. I don't know whether that's a city or not. COMMISSIONER BERRY: No. CHAIRWOMAN MAC'KIE: No, sir. MR. MARVIN: They can handle their trash the way they want. Let them truck it to Broward, and that would help to keep the landfill down to a minimall an area we can work with. And I guarantee you if that statement goes into the newspaper I you'll have 10,000 of them down here to speak against it. So the poor folks that are living with it right now, they're living with a lot of problems in the middle of, saYI 4:00, 5:00, 6:00 in the morning during the middle of July. You know, it's like the old outhouse, too far in the winter, too close in the summer. And I lived with that at one time in my life. But the point made is that you'd better do something with it. If it has to be moved. You'd better buy the land now. It's important that you do this. Mr. Constantinel thank you for your letter. And thank you for your time. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: Sonya Tuten and then Mireya Louviere. MS. TUTEN: Good morning I Commissioners. My name is Sonya Tuten, for the record. Most of the commissioners know me, except for probably Mr. Carter, since he's new on the board. I'm here today on behalf of the Immokalee Chamber of Commerce and citizens of Immokalee. First of all, you all know what I'm going to say. All the citizens and the businesses and the farm workers are opposed to having a new landfill in Collier County. Right now, just so we can see who all's herel if anyone here who is opposed to having a new landfill in Collier County, and especially the L site, please stand and please have all the people in the back raise their hands if you're opposed to the new landfill. (Audience responds.) MS. TUTEN: Thank you very much. Last time I was here, about a year ago, I brought you guys 881 signatures on petitions opposed to the landfill in our area. Today why I have this sign iSI I want to talk about food and farms and preserving ago lands. We're just having farms and ago lands dropping like flies left and right. Farmers over the years, between mother nature, NAFTA, and things like wanting to build landfills. The Page 36 February 91 1999 gentleman expressed his opinion earlier that Collier County's growing at a rate of 30 percent over the years. What happens when you run out of land to build all these houses, are you going to come and try to take the ago lands? I meanl we got to put a stop here, you guys. We want to say that if you guys would keep the landfill in the current locationl and try to fix the odor problem. One of the things that really irks me is that how these property owners do not want to sell, have said they do not want to sell, do not even want to think about selling their property. The county has not even looked at the proposed areas of like, for instance, the college property that the owners try to bend over backwards to sell the property to the county. COMMISSIONER CONSTANTINE: Sonya, that's not exactly true. We looked at that in great detail over a two-year period. MS. TUTEN: Well, then, please consider keeping it where it is and doing some solutions to help fix the problem and not move it to our area. Again, on behalf the Immokalee Chamber of Commerce I we oppose of the new landfill in our area. MR. FERNANDEZ: The next two speakers are Mireya Louviere and Harry Romano. MS. LOUVIERE: Good morning I Commissioners. We have quite a few people here today, I see that, so I'm going to be very brief. For the recordl my name is Mireya Louviere. I'm the executive director of the Immokalee Chamber of Commerce. We would like to go on record opposing the relocation of the Collier County landfill to site L. Further, we would like to urge the County Commissioners to address this issue, by eliminating the odor migration from the existing landfill sitel and thereby giving staff time to review disposal alternatives. In closing, if you have a probleml you don't move it, you fix it. (Applause. ) MR. FERNANDEZ: Next speaker is Harry Romano and then Sue Law. MR. ROMANO: Hellol everybody. My name is Harry Romano. I'd like to state for the record that I live right on Lake Sapphire, which is directly connected -- I guess you would get a runoff into the lake. We've noticed over the last few years, myself and all my kids have gotten sick on such a more frequent level, it was just so noticeable for us. A lot of the fish in the lake are now dying and it's washing up on our beach. The stench is horrible. We have a well, and the water that comes up out of the well now has got a horrible odor that it never had. So it's obviously draining into our lake. You have some facts here that I got in your letter that are pretty substantial. You're saying that the current landfill is in the middle of 501000 people, and the new site, there's 484 people. WeIll I'm an inventor and I design new things. And in looking at the problem that you have right now, it's too much to overcome. You would be better off taking the new site, the L site, and using new Page 37 February 9, 1999 technologies and hybrid technologies I construct a facility there, using an indoor facility, make a big building to put it all there. It would make your gas collection easier. There's a lot of things that can be done, but you should do it in a new area, because the old area is just so beat up. You've got to do something about it. My neighbors have gotten sick. I don't know what else to tell you guys. You definitely need to move it. And I would be willing to help out in discussing some of these new ideas that I have to correct this problem. I feel they have worthl and I have a lot of experience in the past on fixing problems that nobody else could fix. Thank you for your time. I sure hope you decide to move this thing. I'd like to tell my little daughter who's home with the flu right now that she's not going to keep getting sick like this, and the people are going to do something about it. Thank you. MR. FERNANDEZ: Next speakers are Sue Law and then Nancy Bisbee. CHAIRWOMAN MAC'KIE: While they're coming up, staff should be ready to respond about whether or not there's health risks associated with the location of the landfill. MS. LAW: Good morning, Commissioners. My name is Sue Law. I've been a homeowner on 25th Avenue Southwest in unit 28 for the past 10 years. And I'm a realtor with ERA Fast Realty in Golden Gate Estates, specializing in closed-in and estate property. Ever since you last voted on shutting down the current landfilll I've been assuring buyers in our area that the landfill would no longer be a problem for the closed-in owners. It's been a lot like the gold rush to California. All of the closed-in properties off of Oakes and Logan Boulevard turn over as fast as they hit the market. units 27 and 28, just east of 951, and Units 3 and 4 off of Webber have only seven homes listed for sale for under 200,000. Owning a home is the one investment that an average person can make especially in this area with hope of a good return on their money. If the landfill stays where it is, not only are you hurting the value and the quality of life for the closed-in and estate homes, but also for all of the new properties being developed south of the landfill right now up and down 951. A lot of construction has taken place because of your prior decision to move the landfill. A lot of construction has been done. A lot of money has been invested. A lot of human beings will be affected if it's not moved elsewhere. As far as what to do with the problem, I don't really agree with the Oil Well Road problem idea. That's an extremely popular area right now for people to move out therel for land purchases, new constructionl because of the convenience of 175, Immokalee Road, the new school, supposedly a grocery store that's going to be going in there and all of the golf courses. All of our property values have gone up in the last year alone, not to mention what's going to happen. I think the taxpayers could afford a nominal adjustment to their tax bill, if necessary. I am sorry that there are so few Golden Gate Estate homeowners here today. Page 38 February 91 1999 But I believe that they put their trust in the commissioners' earlier discussion and are at work earning the money to pay for their homes. Thank you. CHAIRWOMAN MAC'KIE: I'd like to saYI too, somebody make a comment about there being few people here from Golden Gate. That is irrelevant to me. Becausel you knowl people who are at workl it's our responsibility to represent them and I make no judgment based on that. COMMISSIONER CONSTANTINE: You're opposed to moving it whether they're here or not. CHAIRWOMAN MAC'KIE: Absolutely. MR. FERNANDEZ: Next speakers were Nancy Bisbee and Richard Woodruff. MS. BISBEE: Nancy Bisbee. I have lived on White Boulevard for 23 years, so I have smelled that lovely odor. I am not in favor of the move at all. As you commissioners have known from mel I think we should go with an incinerator on our present 300 acres. It is very costly to build right now, I know. But in the long run, the gas can be used for the power companies, the ash has many, many uses. Our hospital waste that goes to the landfill would be safe because it is burned at such a high temperature. Waste Management has raised our rates every year since they've had it. And one of the big things we need to do is to teach recycling. Thank you. CHAIRWOMAN MAC'KIE: Thank you, ma'am. (Applause.) MR. FERNANDEZ: Richard Woodruff and then Russell Tuff. MR. WOODRUFF: Good morning, honorable members of the County Commission. I bring greetings from the city Counsel and I also bring condolences and SYmpathy, because I recognize that when you stand in front of a group today, it's very difficult to create total winners. You're dealing with an issue that I have to commend the commission, and especially Commissioner Constantine, for trying to find alternatives. I know that when we first stated our opposition to Tract L, he came forward with a proposal that the city could support at that time and that was the concept of trucking. So I will tell you that from the city'S perspective, we were indeed disheartened with the fact that trucking did not work out. What you are hearing this morning is what we, as elected officials and staffl hear quite often. And that iSI nobody wants to be a loser in a situation. In this situation, what you have obviously are those who would like to see it moved, but they do not want to put a burden on someone new. The City Council has expressed their opposition to the relocation to Site L, because, as you're aware, it is very close to our well aquifer system, which is out behind North Golden Gate CitYI as I grew up calling it. So we would discourage you not to do Site L. But let me tell you what we would encourage you to do. There's no question that the people in Golden Gate have a problem. There's no question that you and your predecessors did a very good job in trying to find solutions. The City is not of the opinion that you can solve the present problems with the current rate structure. There is no Page 39 February 91 1999 question that if you ask people, do they want higher fees for Waste Management, the answer is no. But you have to ask the right question in order to get the right answer. And the right question in this case iSI do we want to eliminate the odor problems and the neighborhood problems? That answer is not an answer that pits one neighborhood against another. It's not an answer that forces a move. But we would encourage you to do is, look at the long-term technology to determine if we can do things. Incineration, the lady in front of me just mentioned. I'm sure that there are other technologies. But for the record, the City Council has asked me to come out today and express to you, againl our concern with site L and to wish you success in this project. Thank you. MR. FERNANDEZ: Russell Tuff and then Ty Agoston. MR. TUFF: Good morning. My name is Russell Tuff, and I'm representing myself. And the last time I was before the Commissioners I Burt Saunders was there and I did my whole spiel. And after I got done I I thought I did a really good job and he said, "So what are you saying?" So I don't do such a good job at that. But the things that I guess I consider iSI we're limited the commission has shown an aggressive stance toward economic development. I believe some of the greatest potentials we have are near that landfill. And I don't believe that we can have any meaningful work towards that with that landfill right there. And I know that you've heard it yourself that people are saying theY're not going to be there because of that. And I know that all of you are good people and the people that are in this room have those thoughts, that everybody wants to do what's right. And I think of -- maybe everybody didn't agree with Tim Hancock or what he thought I but I guess something that he said before he was done that meant a lot to me, I guess that made it stand out, was that he was going to make the right decision, regardless if it wasn't popularl because he knows that it was the right thing, and he could hold his head high for a lot of years, no matter what that would be. So I had to think to myselfl why is this such a tough decision when it affects so many people? I can't go off my land. Lots of nights I get up and I run. I can't run sometimes now. And it's not just me, it's a whole bunch of people. And I'm a pretty decent distance from it. And I got to thinking, well, I believe the people. I know I believe the people I associate with, I work with on a daily basis. And as constituentsl we aren't seeing most of you on a regular basis, so we don't have that confidencel the trust and the belief that everything that we're saying is true. And the people that are getting your attentions, I believel are well meaning and well intentioned people. But they aren't living with what we're living with, so they can't speak from where I am speaking from. And it affects such a great number of people. Page 40 February 9, 1999 And I think you're going to make some people disappointed by a decision to stay where it is. But at the same timel that will be a short-lived thing that we have to live with. They may saYI geez, they make a bad decision. But you can make a decision that affects a tremendous amount of people in a very deep way and you can hold your head highl no matter what happens after today. And I would like you to consider that. Thank you. MR. FERNANDEZ: Ty Agoston, and then Sheri Barnett. MR. AGOSTON: Good morning, ladies and gentlemen. My name is Ty Agoston. I live in Golden Gate Estates, you know, that less beautiful Golden Gate Estates. And I'm speaking for the Taxpayers Action Group of Collier County. TAG has been monitoring the exploration of various ways to deal with waste disposal in Collier County. UnfortunatelYI most of that $800,000 that was spent was primarily spent on selection of a new land site. I knowl I have attended many of them. It is our belief that there should be no sacred cows when it comes to dealing with waste disposal, whichever is the most beneficial to the county. Today, technology grows leaps and bounds. We should take advantage of that technology. I spoke to the Lee County director of environmental services. He told me on the radio that as far as he's concerned, the Lee County incinerator is the safest environmental process in Lee County. And he didn't say this to me on the sidel he said this to me on the radio on the Rich King show. In terms of you trying to truck the trash out of Collier County invokes a number of memories to me. Maybe some of you are also from New York. And I remember a barge leaving New York city traveling up and down the East Coast trying to find a way to deal -- finally went to South America and it became an ego problem to the various potential receiving nations. To make the long story short, it came back, and I think someone at Pennsylvania finally took it at a great deal of money. For us to put this county at a danger of someone else controlling our destiny in any respect is shameful. This is a wealthy county. We should be able to deal with all aspects of our living. There shouldn't be anything that we are at someone else's mercy. And trucking, as far as I'm concerned, is putting yourself at someone else's mercy. There was -- I don't care what kind of a contract, legal document you sign with anyone. At a community who's receiving your trash, have the ability to break that contract, and the bottom linel they own the receiving -- CHAIRWOMAN MAC'KIE: Mr. Agoston, you know we've rejected that proposal by our vote earlier today. MR. AGOSTON: I'm under the impression that you only rejected the dollars that's involved, not the concept. And I am arguing against the concept. CHAIRWOMAN MAC'KIE: I see. MR. AGOSTON: We still would like you to explore the entire issue with some experts with a pure analytical process. Page 41 February 9, 1999 I am -- really feel bad for Mr. Constantine because he's kind of between a rock and a hard place and there's no -- it's a no-win situation for him. On the other hand, I don't think that this should be a political decision. I was at present meetings when it was stated that originally there were 17 families next to that landfill. All the rest of the properties were developed after the landfill. And if we are now trying to gain a price benefit over a moved landfill as opposed to sitting next to it, you know, that's not quite right when someone else is paying the bills for you. I can reiterate, the Taxpayers Action Group would like you to approach this again and in a more broad base. Thank you very much. CHAIRWOMAN MAC'KIE: Mr. Fernandez, how many more speakers do we have? MR. FERNANDEZ: About 20. COMMISSIONER BERRY: Can I correct one thing? CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER BERRY: I want to correct one point. The current landfill is in District 5. The proposed site is in District 5. Nowl let's talk about a rock and a hard spot. (Applause.) CHAIRWOMAN MAC'KIE: If we have 20 -- MR. FERNANDEZ: 15. CHAIRWOMAN MAC'KIE: We have 15 speakers. Okay. Good. Maybe we will finish before lunch. MR. FERNANDEZ: Sheri Barnett and then Joseph MS. BARNETT: Good morning. My name is Sheri record. Most of you know mel I believe I have not front of Mr. Carter, however. CHAIRWOMAN MAC'KIE: That was quick. MS. BARNETT: I'm done. CHAIRWOMAN MAC'KIE: Okay. We'll get it straight. MS. BARNETT: I basically feel very sorry for all of up there, because I think you have a very hard decision. think has been pondered many times over and over and over we still have come to no conclusions, to my estimates. I'm sorry, Pam, that you didn't feel that the trucking issue was something that we should bring back up, because that's really where my stance is. I don't want to see landfill re-sited. I want to see the current landfill closed. I think that solves two problems. I would also like to see reopening, maybe, the issue of the truckingl but in a different format. Maybe looking outside the box a little bit. You have two different contracts with that trucking option. You could open it up to not only the waste product being removed I but you could also combine with that the contract of the disposal of our waste at our home sites; in other words I combine the whole package. And that might get a few more people interested in the bidding process, and it might also decrease the cost. I'm speaking on my own self only because I think that that's an alternative. My other thought is an incinerator. Tabbi. Barnett for the ever spoken in you sitting One that I againl and Page 42 February 9, 1999 I don't want to see anything moved to another location, because I agree with Commissioner Berry and several of you that it's not right to move a problem. But I've also been studying on the OCC enough to know that I don't think we are going to fix the odor problems at the current site. They keep renovating. They keep adding more wells. And we keep coming up with more problems. They have had several engineers looking at the system and it doesn't matter what they're designing I it's not functioning to full capacity to relieve the problem. I think maybe in the past with poor managementl not just Waste Management, but prior to that, the adding of things that we did not realize contaminated the site, such as the gypsum. I mean, we were using it for cover. How many years is it part of the cover? That creates a hydrogen sulfide gas, which is part of the odor that we're smelling. I believe Mr. Bigelow can give you the rates, but I know they're like five times the amount of the normal landfill in emissions. So I really feel that it's something that -- it's a little bit more intact that we need to take a different stance to look at. I don't have an easy solution for you, but I think we need to go back to the drawing board. CHAIRWOMAN MAC'KIE: Sheri, I appreciate that. And also, the vote that we took was to reject the trucking contract proposals in front of uSI not to close off the possibility of trucking ever. So I appreciate you going ahead and commenting on that. MR. FERNANDEZ: Next speakers are Joseph Tabbi and Kaydee Tuff. MR. TABBI: Good morning. My name is Joseph Tabbi. I'm president of POHA in Golden Gate on 27th Avenue. I am here representing 500 units in the Fairways Condominium Association. Somebody made the comment that Golden Gate people are not represented. WeIll when you look at me, I think you look at 500 families that are representative. We are an over-55 community I and as suchl have a lot of people that are in their retirement ages and have problems in breathing and living. The landfill -- where it's presently located has given us such a terrible stench that it is difficult to live. I'm not here to say that I have any solutions. I don't. I'm also not here to say that put it in somebody else's backyard, which seems to be the tendencies, anywhere but in my backyard. And I understand that you have a problem in coming up with a solution. If there was a solution for eliminating the odors, I think we would have known of it by now. Waste Management has many engineers. They would have made proposals to eliminate these odors. We are against -- we are for moving the landfill only to give us -- give the county more time to come up with good solutions and technologies that will solve the problem permanently. There is no way to solve them rapidly. I think if there were, we would have done it by now. Therefore, I am again saying that we are for the movement of the landfill, or the changing of it. Closing down the present landfill. Page 43 February 91 1999 This was promised on many occasions. And I feel that the board should carry through with their promises. Thank you. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: Kaydee Tuff and then Ed English. MS. TUFF: Good morning I Commissioners. My name is Kaydee Tuff. And I'm very nervous. I prepared a lot of notes here, but first of all, I'd like to reiterate what my husband says. I think that Collier County can be proud. We've been through a lot of talk about the ethics, but I think that all of our commissioners show a high quality of personal conviction and morality, and I appreciate that. And I'm sure that the decision you're going to make is going to come out that. We actually know in Golden Gate how most of the people in this room feel, because 20 years ago we were sitting where they arel perhaps not in those exact seats, but we were opposed to siting the landfill within two miles of our community I which was a residentially platted community. And we fought that very hardl even to the point of saying that we would pursue legal action. That was not done. So I think when you say moving it from one area to another, you aren't going to be moving what we have here. It's a 20-year facility. When it was put in 20 years ago, they didn't have the environmental standards and regulations that theY're going to have to deal with when they site this new landfill at its new location. From what we've been told about the LOCC committee, Waste Management said they inherited some real problems out there. And I guess they knew that when they pursued that, because they pursued a contract out there very diligently. Part of that contract, and Pam knows very well, she was very strong at the timel saying there will be odors measures in that contract, and if they are not met, there will be some sort of punitive action. But in the four years that we've had that landfill openl there has not been, to my knowledge, any punitive action on the county's part. In fact, it seems until recentlYI until environmental agencies from the federal government stepped in, that was the first time we've had some citations out there. I don't know why. I don't understand that. As citizensl we were toldl this is the number you call for your complaints. It was a county number. Now we're wondering if perhaps we should have been calling the state all along. Like I saidl the current site, it's old. And I think somebody else here said that, too. So the new site that's going in won't be the same thing. And once again, we just ask you to do the right thing for the right reasons and to listen to what is best for the community. The new landfill would have a lot of measures that we don't live with right now. And so safety concerns, I think, for everything that people say for a reason not to move it somewhere else, is also a reason not to leave it where it's at or definitely not expand it where it's at. Those are all viable safety concerns that we live with, too. And dealing with such an old landfill. Page 44 February 9, 1999 So I appreciate your time. And I know that all of YOUI being the people that you are, will make the right decision. Mr. Carterl I understand that you've told other residents that you have great concerns about thinks like blinking neon signs, so I'm sure you're going to hear concerns when we're talking about our quality of life in Golden Gate, as well. Thank you very much. MR. FERNANDEZ: Ed English and then James Jenkins. MR. ENGLISH: Good morning. For the recordl I'm Ed English. I represent Pacific Tomato Growers I Collier Brothers. My family and a good number of these people out here in the audience have showed up today that work in the agricultural industry. Many of the points that I have have been coveredl so I'll be very brief. MEMBER FROM THE AUDIENCE: We're not hearing him. MR. ENGLISH: I'm sorry, I'll speak up a little bit. The points that I mentioned will be very brief. We're not primary producers of processed foods. We're primary producers of fresh foodsl and that's vegetables and citrus products. And they're shipped not only in this country but Canada, Asia and Europe. And having a dump in Site L immediately next to us is a primary concern. The next point I want to make is, I don't blame these folks for being mad about this odor problem. And it's been here for quite a while. I don't know who can solve it. I know there is landfills that operate in South Florida, as Ron Hamel has discussed, that do not have an odor problem. But the county staff and the operator of that landfill should be instructed to solve the problem. No matter what you do in the future about the landfill, that problem needs to be solved. That landfill will never go away, it's going to be there even if it one day is closed. You've heard a number of considerations about things that could be done in the future that deal with the garbage of Collier County. And all of them probably need to be considered in the future. But I would like to ask on behalf of those people that I'm involved with and represent, that this commission remove site L from consideration as part of that problem. Thank you. CHAIRWOMAN MAC'KIE: Mr. English, could I ask you a question? In Commissioner Constantine's letter he addresses as a myth that no one will want to purchase citrus grove near a landfill. And I don't know the answer to this question. And this is not how they taught me to do it in trial law, but is it true that you have been selling without any problem the crop immediately abutting the Immokalee landfill? How would this be -- MR. ENGLISH: The crop that's abutting the landfill in Immokalee, Pam, is a crop of processed juice oranges. It was planted by a willing owner after the dump was there. And the fruit is processed and distributed as juice. We're selling fresh citrus fruit, whole fruit. We're selling whole tomatoesl squashl peppers I cucumbers I and it's an entirely different situation. One does not really relate to the other. Page 45 February 9, 1999 I notice in this same paper it says there's a few hundred citrus trees there. We have probably a million. I mean, it's not a small industry. This is probably one of the biggest primary areas for fresh fruits and vegetables in the united States for late fall, winter, and spring. It's very important to this country. COMMISSIONER CONSTANTINE: You don't have that million trees on the 1/100 acres we're looking at, though, do you? MR. ENGLISH: NOI I said in proximity. You were relating five miles, Commissioner. COMMISSIONER CONSTANTINE: That's actually for smell. I don't think that you are going to worry about ground seepage at Bears Paw for the existing lands -- MR. ENGLISH: We heard all kinds of speakers talk about things in the air, things in the water. We've just gotten through with a major study by the U.S. Geological Department. Our groundwater out there is clean. This relates to the city of Naples. We've been good stewards to the land. The natural systems are all intact. We don't need this landfill in this location. Thank you. (Applause. ) MR. FERNANDEZ: Next speaker is James Jenkins and then Barbara Jenkins. MR. JENKINS: Good afternoon, Commissioners. My name is James Jenkins, 2600 Jenkins Way. A lot of this stuff has been covered alreadYI but one of the things I'd like to bring up is a broken promise. This commission has also promised us that the land adjacent to the landfill would not be used for expansion of the landfill. And I just want to reiterate thatl because that's very important to me. And if you wanted to save face -- not save face, but to show that you're owning up, I think that this problem should be extended againl to let the people know that you're not going to expand this landfill. There's a couple other things that I'd like to say. The committee that was established on this -- finding a new site. This lasted approximately a year, I believe. Two years? OkaYI two years. And my wife is on that committee. And to take the $800,000 that was put for it, and then to take two years of, you know I many nights that she wasn't there and just throw it away, does not seem right. You know, that's what the whole idea of the committee was for is to find a site. And one other thing I'd like to say is if there's a problem with the orange trees in Site LI then why instead of on both sides of 858, how come they couldn't just stay on the west side of 858 and go up that way? Then you wouldn't be into the orange trees. Thank you. MR. FERNANDEZ: Next speaker is Barbara Jenkins and then David Guggenheim. MS. JENKINS: Good morning I Commissioners. I'm Barbara Jenkins, and I'm speaking for myself. The residents of Golden Gate and surrounding areas have been assured by the Board of County Commissioners on numerous occasions the Naples landfill would be closed. Many persons have made plans and Page 46 February 9, 1999 investments based on these promises. I believe it's important for the citizens of Collier County to trust what their government leaders have told them. Now, not only is there discussion of leaving the landfill where it is, but there's discussion of expanding into the 300 acres north. I think the Naples landfill is an appropriate place currently, and that is due to poor planning by prior commissions. Expanding it would affect thousands of residents. This is no longer a Golden Gate issue, in my opinion. The landfill and its problems affect numerous neighboring neighborhoods. You have an extremely difficult decision ahead of you. an emotional issue for many people. And hopefully you will all the options and find a way that is hopefully acceptable parties. One speaker spoke of the impact to growers if Site L is selected. I would ask you to please consider the existing and future impacts to people who surround the -- who live in the surrounding landfill if that landfill stays in operation or is expanded. That's it. Thank you. COMMISSIONER BERRY: May I ask a question, Barbara? You were on the landfill, the siting committee? MS. JENKINS: Yes, I was. COMMISSIONER BERRY: At the time that you looked at all of the information regarding that sitel was there any notice given to you at that time that there would be three schools on oil Well Road? MS. JENKINS: NOI there was not. COMMISSIONER BERRY: Thank you. CHAIRWOMAN MAC'KIE: Next speaker, please. MR. FERNANDEZ: Next is David Guggenheim and Wayne Jenkins. MR. GUGGENHEIM: Good morning, Commissioners. For the record, David Guggenheim, president and CEO of the Conservancy of Southwest Florida, and I'm speaking to you on behalf of our 5/500 members and 700 volunteers. We appreciate the effort and difficulty that this commission faces on this issue. It's a very difficult problem. We are on record as stating that it is premature to consider construction of another landfill. Our position statement is clear about that. I believe you've all got a copy of that. It's important to remember that we are not simply moving the landfill. We are constructing another landfill. The one that exists will not simply vanish, it must be maintained over time. So we are indeed creating another landfill. Our position is based on several factors, including, of course, environmental issues. But studies show that the potential life of our landfill is something close to 50 years. This is not an immediate issue for us right now and technology continues to advance. However, we are also on record as saying that we should deal with the odor problem. We owe it to the citizens of Golden Gate. Fixing the odor problem, we believe, would be far less expensive than creating an entirely new landfill at this time. Page 47 This is explore to all February 9, 1999 We believe that the siting process did a satisfactory job of minimizing environmental impacts based on location. However, development of any landfill brings serious environmental problems with it. site L is four miles northeast of the City of Naples, Eastern Golden Gate well field. That well field provides the majority of drinking water supply to the City of Naples and a significant portion of unincorporated Collier County. In a January 5, 1998 letter from Clarence Tears to the commission, you may remember that he pointed out -- Clarence Tears being from the South Florida Water Management Districtl Big Cypress Basin board, that the northwest direction of groundwater flow movement, quotel may make this well field significantly vulnerable to being polluted by the leachates from the proposed location of site L. So our feeling is, let's explore alternatives more fully. There's new technology. We haven't begun to really look at increase in recycling and source reduction. There are many options that are available to us before we take an unnecessary step that is expensive and one that threatens our environment. And we, at The Conservancy, as always offer our technical input and our support to you in searching for an appropriate solution. COMMISSIONER CONSTANTINE: Question. You're aware that Mr. Tears at that very podium said that he had absolutely no scientific evidence whatsoever and was merely raising the question when he brought that forward? MR. GUGGENHEIM: Well, it's still something that needs to be carefully examined. COMMISSIONER CONSTANTINE: And has been. And that's actually my next point. But my point is that that's a great scare tactic; however, he had no evidence to support that. We asked our hired consultants that the county paid a great deal of money, to look specifically at that, and they could find no evidence of any concern whatsoever. So you're absolutely right that it needed to be looked atl and the answer iSI it was looked at. CHAIRWOMAN MAC'KIE: And the question is whether or not it was sufficiently looked at because the City of Naples continues to voice their objection based on that concern. And I hear The Conservancy continuing to voice their objection based on that concern. MR. GUGGENHEIM: And we still have those same concerns. COMMISSIONER CONSTANTINE: And againl a concern is fine, but there's no proof or no evidence of that concern being valid. There is scientific proof of it being invalid. And so I don't mind you having the concern. And if the city raises that questionl that's fine. But raising that question and ignoring the evidence that's been presented is just not good policy. CHAIRWOMAN MAC'KIE: I wasn't suggesting to ignore it. What I was suggesting was it might not be thorough enough. There might not be enough. Let's look at what we do have and see that indications so far are goodl yet the problems are so serious that it bears further inquiry. Page 48 February 91 1999 COMMISSIONER CARTER: I would totally agree with that. I think that in these issues with advanced technology, when everything that we are finding out, what we thought was safe at one timel we're finding out is not safe today. So I would put that in a questionable category at this pointl Commissioner Constantine I because I don't know, but I would sure look a lot longer and deeper before I was comfortable with that. COMMISSIONER CONSTANTINE: If that is a valid concern, I would be pretty darned concerned about the Belle Meade aquifer which is dramatically closer to the existing landfill than the city's well site is to the proposed site. And so -- CHAIRWOMAN MAC'KIE: Is it a flowway question? COMMISSIONER CONSTANTINE: Yeah, it is. CHAIRWOMAN MAC'KIE: It's within the flowway of the current? COMMISSIONER CONSTANTINE: Yeah. And Kaydee Tuff mentioned, boy, when you bring up these hypothetical what if'sl you need to plug them in to where we're at, too. So that's a very real concern. Flowway is a good point, because that's part of the reason why it's not a concern in the city issue. And I realize you want to get through the rest of the speakers, but I just didn't want to leave that out there as though there was great evidence from the Water Management District pointing to a probleml because it doesn't exist. MR. GUGGENHEIM: I want to make it clear, that in our best professional judgment, that is an unanswered question. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER CONSTANTINE: We'll be happy to provide you the report. CHAIRWOMAN MAC'KIE: with the data so far. MR. FERNANDEZ: Next speakers are Wayne Jenkins and Tom Henning. MR. JENKINS: Good morning I Commissioners. My name is Wayne Jenkins. I am a resident in the area of Golden Gate. First of all, I'd like to say that I'm glad to see the turnout from Immokalee today. They have a legitimate concern. I'd also like to remind you about three or four years ago, you had the same kind of turnout from Golden Gate. Commissioner John and Commissioner Tim remembers our evening meeting and the overflow out in the lobby. CHAIRWOMAN MAC'KIE: I was there. MR. JENKINS: Okay. It's still here. CHAIRWOMAN MAC'KIE: Yes, sir. MR. JENKINS: In my 52 years of living in Collier County, as a youngster we had a landfill out on Rattlesnake Hammock Road. It was moved because of growth. When I was a kidl Airport Road was not where it's at now. We moved the landfill up to the north part of Airport Road. It developed. We moved it to Golden Gate. Golden Gate is developing. We've still got it. ApparentlYI from what I'm hearing nowl we're reversing the trend of moving to a less populated area. So if this is going to be the trend, I'd like to make a proposal to you today that hasn't been Page 49 February 91 1999 considered. Maybe we need to look at regional landfills. We can share the wealth. Pelican Bay has a tram. They can take their trash over and dump it on the beach. Cambier Park in Naples is being redesigned. Let's set a quarter of that aside for Naples residents. Marcol you've got a problem. They are almost all concrete. Maybe they need to bulldoze a couple of condos. Lower Naplesl we got plenty of golf courses, let's give one of them away. What I just said to you is just about as absurd as what you're doing to the people of Golden Gate. I am glad to hear the discussion of correcting the problem at the landfill. Let me tell you, we've heard this for about four years now. I smell it every day or two. You had a solution, you opted not for it today to remove the trash from the area. It's back to you. What is your solution now? I can tell youl to expand the present site is a broken promise. It's also not an answer. We need a solution. And you've got a big job ahead of you, but something needs to be done. It's past time. In closing, I hope there is some method that you can look at, maybe an alternative to what you've voted down today about the trucking. There is a solution somewhere. There is apparently a landfill large enough to accommodate what we are generating. There's some details that need to be worked out some way. This could be a possibility. If not, I think as Nancy Bisbee spoke earlierl years ago we discussed a need. Eventually it's going to come. We've got to do something. We don't have the capacity in this county to keep expanding into bigger landfills. We've got to have an alternativel whether it's going to be an incinerator or recycling, or something. But in the meantime, people in Golden Gate need some reliefl too. In closingl I want to leave you with a prophecy. And I've heard some things that kind of amused me today, before I get into my prophecy. Methane gas was discussed. I appeared before you people about three or four years ago. Our experts at that time told us methane gas doesn't stink. You can't smell it. We're smelling something. One of our fellow county commissioners lived within a mile of the landfill. He couldn't smell it. We could back then. And I'm talking Max Hess. You all know Max Hess phonetic). But we have a probleml it's time for a solution. In closing, my prophesy to YOUI you turned down trucking today. You listen to the people in Immokalee and they have a legitimate concern, and you are going to turn down Site L. What's going to happen? It's going to stay right where it's at. Golden Gate is going to get another broken promise, we're going to do something about the other. We're going to continue to suffer. We need a solution. Thank you. (Applause. ) MR. FERNANDEZ: Sherwood. CHAIRWOMAN MAC'KIE: Next two speakers are Tom Henning and Naomi How many more? Page 50 February 9, 1999 MR. FERNANDEZ: After Mr. Henning, there are four more. MR. HENNING: Good afternoon, Commissioners. Tom Henning, for the record, a resident of Golden Gate. CHAIRWOMAN MAC'KIE: It's still morning. Just barely. MR. HENNING: Maybe I'll have time to get some work done and make a living here. Over the past eight years dealing with the solid waste problem myselfl being involved in it, one good thing came out of it is working with David Russell. David Russell is a true gentleman and definitely serves this board. So he ought to be commended for that. YesterdaYI talking to the Florida Department of Environmental Protection about the odor problems that we have in here, in Golden Gatel it was quite surprising. It's very difficult to find that number, but I was finally was diligent and did find it. They are the people who hold the working permit for this landfill. And I didn't realize that. I did complain to him about the odor, and we had a very long discussion about the process that DEP is working on. And one of the possibilities is with that permit. And that would be a sad scenario to close this landfill because Waste Management can't control the odors. And I hate to be so diligent about itl but I think I deserve the quality of life, as everybody else in this room. As you know, that I was on the site selection committee for finding a new landfill site in Collier County. Number one priority was people. And it wasn't our intent to site a landfill in another community. Our process was -- our criterias was put in. It was a blind process. And like it was said earlier, there was less than 500 people within a five-mile radius of Site L. I don't want to -- the people in Immokalee think that we're going to be putting it in their backyard. It is going to be on agricultural I active agriculture landl which can be farmed in the life of the landfill. It's not just closing down the operations on that site. It wasn't a consideration of moving the landfill because of odor problems, finding a new site. It was the concern of the ability for Collier County to have enough land for its future needs. And I think all the people up here are capable of recognizing our future needs such as solid waste and roads. And in closing, I would like to say if there's a concern for the Naples' well at Site L, why isn't there a concern of Mrs. Jenkins' well, who lives a lot closer to the present site than what Naples' well would be to Site L? Thank you. (Applause. ) MR. FERNANDEZ: Next speaker is Naomi Sherwood and then Dave Lesansky. MS. SHERWOOD: Good morning, Commissioners. For the record, my name is Naomi Sherwood. Two years ago, I was in front of you speaking on behalf of my family, which is here with me todaYI from the independent traditional Seminole nation about a chickee issue. At that time, it seemed like everybody on the board was so concerned about our safety and health Page 51 February 91 1999 that they were so concerned that they wanted us to move out of our chickees and go into permitted housing. But what we're finding out now is that your concern for our well-being and health and safety is going to put a dump a half a mile away from us. Nowl I remember that the argument was that we were unhealthy or unsafe in our living conditions. Then why do you want to put a dump a half a mile away from us? When you talk about the population of people and the number of people that live there that -- the committee that our last speaker was on was saying that there's only just a little bit of people living there. Well, there isn't. Pacific employs probably 4,000 people that come to that site every day. It's not just for a little while, it's every day. Never mind the surrounding areas, never mind the people that aren't telling it, never mind the schooling that's going on there, never mind how big Orangetree has already grown. And they're coming our way, a place that we thought there was nobody. And the reason why we have to put siding on the side of our chickees is to keep those people from looking in, so we could have some privacy. Because we used to be all alone out there. But theY're coming closer. And another thing that, from my family and from the people that live around us, is this other gentleman stood up there and said that he was worried about and saying how sick his family is. And you want to talk about safety and health, but you want to make us sick. You want to make everybody in Immokalee sick. You want to eat those tomatoes and you want to eat those oranges that are going to grow beside that landfilll Mr. Constantine? I don't think so. But this is where it isn't a matter of finding or putting one garbage dump onto another. Because for the residents of Golden Gatel that landfill isn't moving. It's going to stay there. All you're going to do iSI you're going to cap it and you're going to have to get those gasses out of there. Somewhere else you're going to wind up with an even bigger problem than you've already started. You need to find solutions. But that's about all I have to say. And I just really hope that you all just think about it really good and hard. You all got a couple of years to do this. Don't rush it. It's not a make or break situation. You don't have to do it right now. Thank you. (Applause.) MR. FERNANDEZ: The next speaker is Dave Lesansky and Robert Frye. MR. LESANSKY: Good morning I Madam Chairman, members of the board. For the record, I'm Dave Lesansky. I'm the Director of Facility Planning and Construction for the School District for Collier County. As you made me aware, we are currently constructing Corkscrew Elementary School on a 60 acre site on Oil Well Road approximately a half-mile east of Immokalee Roadl adjacent to Waterways Estates. The school will be ready for students in August of this year. In addition, Page 52 February 91 1999 in April of this year, we're going to begin construction on the middle school on the same site adjacent to the elementary school. The middle school will be open for students in August of 2000. Together, this joint campus will serve approximately 2,200 students in grades pre-K through grade eight. In additionl we're in the process of trying to locate a suitable site for a high school in the same vicinity. As you know, the school district strives to provide a safe environment for its students. On that note, please let me express the school district's concern regarding the relocation of the landfill to Site L. The type and amount of heavy traffic, truck traffic, of the facility of this nature will generate is a concern to us in regards to the safety of our students. We feel that the current road conditions may not be adequate to support this truck traffic and also provide a safe egress for the students. Based on that concernl we respectfully request that you reconsider an alternate to Site L. Thank you. COMMISSIONER CONSTANTINE: Just before you gOI you said it's a half mile east of Immokalee Road. You realize you'd still be more than nine miles away from the site? MR. LESANSKY: There's no problem with the odors that we are concerned with, it's the traffic that that site will generate along Oil Well Road. COMMISSIONER CONSTANTINE: I appreciate that differentiation. Because when we looked at truck traffic as one of our issues in about 23 different categories, Mr. Henning had said, people living around it was number one. But we did look at truck traffic. And actuallYI the amount of truck traffic that would be generated would be dwarfed by the amount of truck traffic that is generated by the agricultural industry. So there are far more ago trucks -- and that apparently wasn't a concern when the schools went in there -- than there ever will be waste trucks. CHAIRWOMAN MAC'KIE: You mean by eliminating this Site L from production, you will eliminate more agricultural trips? COMMISSIONER CONSTANTINE: No. CHAIRWOMAN MAC'KIE: Right. So that's apples and oranges. COMMISSIONER CONSTANTINE: No, it isn't. (Applause. ) COMMISSIONER CONSTANTINE: Very good jokel but mistaken point. No, the point is that if truck traffic were a concern, you know, it need not be, because the amount of truck traffic generated by hauling waste out there is going to be a tiny fraction of the amount of traffic that already exists and will continue to exist with agriculture. CHAIRWOMAN MAC'KIE: But is it an increase or decrease over the current agriculture traffic, if Site L is developed as a landfill? COMMISSIONER CONSTANTINE: I don't know. But the point iSI if it's a -- the point iSI I think it's about five percent of all the truck traffic out there, so it's not a market increase. If truck traffic is the worrYI then the citrus is a much greater worry. I Page 53 February 9, 1999 don't think that it's a concern but I'm saying that it's a tiny, tiny percentage. MR. FERNANDEZ: Madam Chairman, the final two speakers are Robert Frye and Kathleen Passidomo. MR. FRYE: Good morning, Commissioners. For the recordl my name is Robert Frye. I live in Golden Gate near the CR-951 for over 20 years. I was at a meeting in Golden Gate Civic Association last night where two issues were discussed. I don't want to use the word funny or ironic, but maybe coincident. These pertain to changes that may affect the areas we live in. Both were attempts to lift the level of prestige and create a more positive thinking about our community. This was concerning a suggestion to change the name of the County Road 951 and another adjacent golf course in this suburb by getting rid of the smell that will always exist near the extension of CR-951. For the suggested name I Country Club Boulevard in Golden Gate Parkway. II for one, think that my vote first would be for the removal of a stench in this environment and would be more favorable to the second creation, a much needed recreational and public golf course. The grace and the aesthetics appeal defies imagination and would be priceless, I believe. Thank you. CHAIRWOMAN MAC'KIE: Thank youl sir. MR. FERNANDEZ: Final speaker is Kathleen passidomo. MR. PASSIDOMO: Good morning I Commissioners. My name is Kathleen Passidomo. I hope this is the last time that I appear before you on this issue. I represent Barron Collier Company I the owners of site LI the South Grovel the farm site selected for the relocation of the landfill. I also represent Friends of Farmers, Save Our Soil, a not-for-profit corporation, whose members consist of representatives from growers throughout Collier County. The organization was formed for the purpose of providing a vehicle for area farmers to participate in a coordinated effort to preserve valuable farmland in our community from consideration as a site for the relocation of the Collier County landfill. As I indicated to this boardl when this process was first initiated, my clients had no desire to sell any portion of the South Grove to Collier County for the relocation of the landfill. This land is considered the most prime agricultural land in Collier County due to its proximity to Camp Keais Strand. The bulk of the land has activel producing and very profitable citrus trees and winter vegetables. It is extremely valuable farmland. It is my client's position, a position that we have consistently and firmly maintained throughout this process, that if the county takes any action to pursue the acquisition of the South Grovel my clients will have no choice but to defend their private property rights against this unauthorized taking, all at the expense of the taxpayers of Collier County. We estimate that legal fees, expert witness fees and other costs of such litigation alone for a parcel of this size could run anywhere from $225,000 to $250,000. I don't need the work that badly. Page 54 February 9, 1999 In addition to the acquisition cost of the land itself, which we estimate could be as much as 30 million to 40 million dollarsl the courts will also be required to address several ancillary issues such as the value of mineral rights and any detrimental effect on adjoining properties. Not only will the county be required to pay full compensation to the owners of the South Grove, but it may be required to pay damages to adjoining property owners. Ironically, our research indicates that the county will ultimately not prevail in any such condemnation action of the South Grove. Since we honestly believe that the county will not be able to meet the two controlling tests promulgated by the Supreme Court of the State of Floridal which must be met for the county to prevail in an imminent domain proceeding. They are, private properties may be taken for pUblic use only, and private property may be taken only when it's reasonably necessary for such use. The real issue here is whether or not the taking will be considered to be reasonably necessary. The engineering firm of Burns and McDonald Waste Consultants, Inc. performed a study on the potential site of the existing Collier County landfill. Burns and McDonald have over 25 years of experience providing professional solid waste management services for governmental and private facilities I as well as completing over 250 solid waste projects. The results of the study completed last July concluded that with minor changes in the operation of the landfill and the use of heavier compactors I the current landfill site can serve the county waste disposal requirements for another 50 years. It is clear that it is not necessary that the landfill be located. It is, however, necessary that the county fix the odor problem at the current landfill site and not move the problem to another location in the county. Look into alternatives. Look into incineration. Talk to Lee County. Revisit the trucking issue. But if all else fails and you can't fix the problem and do have to move it, move it to a site that is willing to accept it. For all of the reasons I have stated earlier, my clients request that the county reject the staff's third recommendation to continue steps to acquire the South Grove for landfill purposes. Thank you. COMMISSIONER CONSTANTINE: Questionl Mrs. passidomo. You just said with minor changes you could expand the life there for 50 years. Could you outline those minor changes? MS. PASSMORE: One of theml for example, was to raise the height a few feet. And againl I'm not -- COMMISSIONER CONSTANTINE: I think it was to 150 feetl which is more than a few. MS. PASSMORE: WeIll I think what they did was they loaded a trial balloon over the overpass or something and they couldn't see it. They really did the study. And you have a copy of it. I'm not an engineer. I've got Tom Jones that knows it backwards and forwards. If you want to go over some of the details, I'd be happy to do it with you. Page 55 February 91 1999 COMMISSIONER CONSTANTINE: That also included, thoughl permitting and rezoning the property to the north. MS. PASSMORE: No, not all of it. I think they were talking about just a few acres of it. Not really that much. And againl I don't know the exact number of acreage, but it was not a great deal. COMMISSIONER CONSTANTINE: Point being, those are hardly minor changes I if you have to go and rezone your land. MS. PASSMORE: It's already zoned land. COMMISSIONER CONSTANTINE: Excuse me, could I just ask our chairman? MS. PASSMORE: Excuse me, Commissioner. It's already zoned land. COMMISSIONER CONSTANTINE: Excuse me. We've had -- I appreciate this is a very emotional issue. Trust me. I've been working on it myself for seven years. And while we may disagreel I don't dislike anybody. You may dislike me, but can we not have cheering and moaning and crying on every single comment? CHAIRWOMAN MAC'KIE: That's a reasonable request, please. That's the end of our public speakers? MR. FERNANDEZ: That's correct. CHAIRWOMAN MAC'KIE: So it looks to me like these people deserve to know where we're going to go before we take a lunch break. So why don't we -- COMMISSIONER NORRIS: Can I suggest something? We've got four recommendations in the back. We've already voted on NO.1. Why don't we vote on No. 41 because it really is a determinate on how you might vote on 2 or 3. CHAIRWOMAN MAC'KIE: I'd be happy to entertain a motion on recommendation on No.4. COMMISSIONER CONSTANTINE: WeIll I think they are related. I need you to humor me a little bit here as we revisit where we have been on this. And someone, I think one of the Tuffs mentioned, the siting in Golden Gate in the '70s1 and gosh, there were people in this room. But the fact is, there weren't very many people in the room at the time because it was put on as an add-on item of the day. It was December 16th of that yearl and it was an add-on item. So imagine, if you will, that we just magically put this item on, regardless which side of the issue you're on. Imagine that with no advertising, no advance noticel we just put it on and voted what we were going to do. No matter which side of the issue you were onl you'd be a little upset with thatl and that is not the best way to serve the public, and it certainly wasn't 20 years ago the best way to serve our public then. And that's part of the reason we ended up where we werel is you did not have a room full of people because nobody knew it was going to be held that day. As a matter of fact, it was advertised for a week after thatl but it was moved up. So if that was not planned politicsl I don't know what was. But when we saYI goshl that landfill has been there, we've been through this, yeah, it was, butl we didn't come from a completely pure place on that either. Page 56 February 91 1999 More importantly, though, let's look at the last 10 years and where we've come with thisl and the original study to go to the property to the north, when the county started buying that 300 acres to the north. The study we have for that limited the consultant's choices to either going to the east but directly adjoining that sitel or going to the north and directly adjoining that site. Their study did not look at impact anywhere else in the county. So one of the things is, golly, we started that process 10 years agol but the process didn't look at everything. In January of '93 was the first time that I was on this board that we dealt with the issue and we were looking at buying things that -- additional pieces of property in that 300 acres. And we started to slow down the process then saying maybe this isn't the right place to be expanding I particularly considering how many people are there and how much growth is going on, twice before the landfill had been moved as the community grew around it. So that is not a new idea. Where I thought our second Mr. Jenkins was going when he said, goshl if the idea is that we're not going move because more people are there, I thought he was going to say we should move back to the original sites which were Coquina Sands and the airport. Clearly those became inappropriate sites as well. By May of 1993 we had put a halt to the idea of buying up the rest of the land in that 300 acres and going up there. And we went through a series of public hearings. I think it was October of that year that we had some public hearings in Golden Gate. And we madel for the first time, a commitment not to expand on that 300 acres then or at any point. And we still were considering, okay, how can we maximize the use of the existing landfill, which at the time we worried only had seven to 10 years life left. We went through a long process. I heard several people today say, why don't you look at alternatives? Why don't you look at incinerators or any number of other things? And we have. We went through an extended process. We opened up a request for proposals to literally anybody on the planet and saidl if you've got a technology that we're not aware ofl bring it onl we want to see it. And there was nothing that came back that was any less than three times the cost of what we're paying right now. And so when a couple of people saidl geel we'd like to look at an incinerator but cost is also an issue. An incinerator isn't a viable alternative for a lot or reasonsl but the cost is probably the biggest of those. If you want to pay 300 bucks a year instead of 1,100 bucks a year, then maybe we can look further at that. But we did look go through that processl and I just want to put that in perspectivel that it's not as though we haven't looked at all the alternatives. And it was only then that we said, all right, we're in the middle of all these peoplel that's not appropriate, where can we go to find it. And one of the things that has been frustrating for me is it has been portrayed that the site that has been selected is in Immokalee. And while I understand that anybody that is near anywhere I no matter if there's one person living within five miles, that person is not Page 57 February 91 1999 going to like it. So if there's 484 people within five milesl theY're not going to like it either. But what we did was our number one priority and a whole lot of other criteria was try to find a spot that met all of the criteria but wasn't in the midst of a lot of people. And we are -- the site that is being sited isn't really near Immokalee at all. The Coastland Malll if you look at a map I is closer to the existing site than the community of Immokalee is to the proposed site. It is just not as much of a concern. So we do get into the citrus issues, and I won't go into all of those. But we had a letter from -- we had a ton of letters. We've all been busy reading. My eyesight has deteriorated in the last week. And one of the folks said to relocate a new site where less than 500 residents live would certainly be a solution where the greatest good for the greatest number would be served. And while I'm sure that's very frustrating for those 484 people, there are 50,000 people that we can't ignore. And we saYI weIll we'll deal with the smell issue. We should do -- and I agree with Commissioner Carter was the first thing out of the block he said it, we've got to fix that smell. But we said that in 1991 before I was on this board. We've said that in 1993. We've said that every year. And first it was that we were -- first we were going to hire Waste Management and George Varnadoe stood at that podium and said within six months of us taking this overl Waste Management taking this over, I guarantee there will be odor. And miraculouslYI there was an odor. And then it was the water plant and we put scrubbers on the water plants and we still had the odor. And now it's gypsum board. Now it's been cover materials. We've heard everything year after year after year. So it's not that I'm questioning your intent when you say that, but it's that we have gone down that road and gone through that process and the vague promise of well, we've got to aggressively pursue this. I don't know how I would describe what we've been doing for the last six years other than aggressively pursuing it. And it hasn't worked. So I'm asking the board, let's deal with all three of these togetherl because theY're all three related. When we decide what we're going to do with site L, then we can't just go back and say, weIll okaYI we'll do all we can to fix the smell, because we have said that yearl after year, after year. I think one of the points from the ago industry was economic impacts. And we all have a letter dated yesterday from Shaw Arrow Devices, and we've talked about trying to do economic development in Collier County. And it says the Shaw Arrow Companies recently purchased 18 acres of property in the white Lake Corporate Park located at the corner of 75 and 951. Shaw's decision to purchase this property and relocate its corporate headquarters to this site was based in part on the county's representation that the landfill would be closed by 2003. And they're going to employ about 250 jobs. And that is the start of what hopefully kick-starts that whole little Page 58 February 9, 1999 industrial park out there. And has -- if one of those facilities has 250, and you do the math, you come out to about 1,500 jobs could be in that industrial park alone. So it's a complex issue. I'm not suggesting for a minute -- I know we've had the boos and hissesl and it's frustrating for all of us, but I'm not suggesting that we simply take a problem and give it to somebody else. But to suggest that starting a brand-new landfill faces all of the same problems of trying to retrofit a 20-year old landfill I don't think is a fair characterization either. So I'm going to ask the board not to rule out Site L today. And if you have some discomfort with making the final commitment to site L today, then let's sit down as a board in some workshop format and go throughout all the facts that we have done from David Russell and from Ed Ilschner and from our staff. Not from me, because you know where I stand on the issue, but from our staff, and go through that process so that we can make that decision based on the facts as they have unfolded over the last 10 years, instead of simply on some emotional feeling or some gut, gosh, we'd like to fix the smell. Regardless of whether we pick a new site or not, we have got to fix the smell as best we can. But I think virtually everyone in the field has indicated as long as that's openl you're going to have some odor. We can try to minimize it, but the sum of that is, I would ask that we go ahead with the other parts of this. And if you want to put the Site L, No.4, on holdl I would love to see us move forward with that. But if you want to see us put it on hold, I can live with thatl as long as we're going to deal with the issue in some sort of formal workshop and let our staff run through that whole 10-year process with us. CHAIRWOMAN MAC'KIE: I know it's not normal for the chair to get to speak, but I've been fighting on this issue for so long that I'm just going to be rude and take my turn. This -- there is two points here: One is that we have promised and promised and promised to solve the odor probleml and there has been no improvement. Thank God, we finally have some datal measurable scientific data, from Camp Dresher McKee that Mr. Ilschner got for us. And it is so much appreciated the quantification of the odor problem in the area. And it's just not true to say that we haven't had a significant impact on changing the odor problem. Because the maps in here show and the percentages, it says the combined odor nuisance frequency has been reduced 86 percent. There has been significant improvement. There are other significant improvements that can be made. I think in the past, people in Golden Gate were tricked and they were lied to and they were told that we're going to work on the odor probleml winkl winkl and nobody really did it. Because if they were really serious about working on it before, this would not be the first time that we had a quantification of it. And we do have a quantification of the problem now and some serious efforts to resolve it. So there's hope there. Page 59 February 9, 1999 And the second point is on Site L, it's real simple. Three points for me. We can't pass the public necessity test, so we won't be able to take the property by imminent domain. COMMISSIONER CONSTANTINE: We disagree on that. Your opinion. CHAIRWOMAN MAC'KIE: My opinion. My moment here is to get to say you got yours I these are mine. We can't pass the public necessity test. Even if we did, we can't get four votes on this board for a rezone to change the zoning of the property so that it could be permitted. And even if we could, we can't get -- we can't reasonably expect to get permits from the state when we have 40 to 50 years of capacity on an existing permitted site. So the option there is to spend 30, 50 million dollarsl you pick a number I 10 million dollarsl 2 million dollars, 10 dollarsl but it's a lot of money. It's 30 million dollars to go down the drain if we continue to pursue Site L. We cannot take it by imminent domain, we won't win. Even if we could, we don't have the votes for a rezone. Even if we could, we can't get the permit from the state. Commissioner Carter? COMMISSIONER CARTER: I am extremely uncomfortable with site L. And I have said from the beginning, perhaps we're focusing on the wrong objective, and that was looking for another site. Perhaps we should have put our R&D efforts in looking at alternatives, recycling, source reduction. I can't believe with the modern technology that is current, that is rapidly exploding, that we can't get this current site under control. And I've yet to hear from staff today on what are some concrete plans to bring those odors under control. And until I hear that, I couldn't make a decision to say, well, we should close down the existing landfill. The toughest thing, I thinkl in leadership on all of this in any policy decisions is sometimes you've got to go back and look at what you did in the past and say, there's a lot of things that have developed since then. And we've got to revisit that. So we may have to reverse a decision. We may have to do something differently. It doesn't make you popular. But I'm not here to be popular. I'm here to try to make in the best efforts of everything that is being brought to me the right decision. And my decision at this point is Site L is not where I want to go, and I would be willing to compromise and put it off to a workshop I but I just cannot, cannot go with moving the problem to another area. I want to fix the problem where it is. I want to use this landfill where it is to the best of its capabilities. I'm looking at other cities that have landfills surrounded by populations and industrial parks and commercial parks and they all live compatible together. And why can't we do the same thing here? So my direction with thisl Madam Chairl is let's get to the R&D and let's make this thing work and let's not have broken promises. I want a timetable. I want management reports that is done on a quarterly basisl so that the citizens in this county know that we're very proactive in making this thing work. Page 60 February 9, 1999 CHAIRWOMAN MAC'KIE: Other comments? Commissioner Berry? COMMISSIONER BERRY: I'd just like to clarify one or two points. Number one, I'm not currently interested in expanding the site where the landfill is located at this time. The second point, I think we do need to continue to look at technology in terms of taking care of our garbage. And I didn't support Site L in the first place, and I haven't changed my position on that. I don't think that's the direction to go. And I think there's a lot of other things since that site was looked on in terms of new locations. I think some things have happened since that group studied that issue. So I think that perhaps needs to go back and first and foremost, among all of this is the odor current landfill. And I'd like to ask either Mr. Bigelowl who manages -- is he here? I would like to have a report back to the board, if it's possible, Mr. Ilschnerl in the next couple of weeks or month at the longestl of steps that you see that we can take. And within a six-month period of time, I would also like to have a report back to this board on how we're doing. But -- and I don't think that's unreasonable. Becausel number one, you're going to be coming in at the summertime. If there's an odor probleml you're going to experience it full blown. Now, we are either going to get it under control or we are not. I'm sure this morning out in that area with the fog being what it wasl I have an idea that the stench just hung. So I would hope that -- I would like to hear what we've done and I'd like to know what's a time period, if he could have a plan of action within the next month. CHAIRWOMAN MAC'KIE: Just to add to that, if I can. Mrs. Tuff made a point that I want to emphasize and go public right now with sayingl Waste Management has a requirement in their contract. I will bring a motion to find them in default if they don't reduce the problem. I just want that to be stated publicly. It's got to get better than it is. COMMISSIONER CONSTANTINE: Before you answer, because what you said is important. Because just five minutes ago you said, boy, this is showing an 85 percent decline in the problem. Which isn't exactly accurate for the odor we're experiencing. What references -- what references in here as a decline is the CH2S the odor prone water plant. This specifically deals with CHAIRWOMAN MAC'KIE: Combined. COMMISSIONER CONSTANTINE: This specifically deals with the water plant as opposed to this does not measure the methane gas the way the -- where the primary odor is coming from. And so the -- if you recall when we had the discussion whether or not it was the water plant or the landfill. And I said it's two distinct odors. They are both bad, but two distinct odors. And I don't think anybody will dispute that the water plant odor is dramatically better. Unfortunately, the -- Page 61 be revisited. control at the Ilschner or Mr. But February 9, 1999 and I think that's where that big number decline comes from. So I appreciate your willingness to work, if the other is not improving. And a little irony here. The draft of this report came out in August of last year, literally the same week the draft arrived when DEP cited our landfill for odor. And the draft was saying how, gee, the odor has considerably improved. So -- but when you separate those twol it is a dramatic increase in effectivity, the scrubber is working at the water plant. Unfortunately, the separate odor from the landfill on the methane gas is continuing. COMMISSIONER BERRY: I'd like to hear from Mr. Ilschner to see what our plan of attack is here. MR. ILSCHNER: Madam Chairwoman, Ed Ilschner for the record. We can comply with Commission Berry's request that we prepare a report and submit that report to this board in that time line that she has specified. And we will accomplish that for you. COMMISSIONER BERRY: What would be -- then after that report, what would be a plan of action? In other words, in that report, are you going to tell us what you're going to do further or -- MR. ILSCHNER: Yes. We have, in fact, we have Mr. Bigelow already preparing that plan of action. That's required by his contract. And we have officially put him on notice in writing that we expect to have a plan of action developed by Waste Management. He's now in the process of developing that plan, along with time certains for certain accomplishments associated with that plan. CHAIRWOMAN MAC'KIE: In quantifiable measurements for identifying whether or not there has been success or failure? MR. ILSCHNER: That's correct. COMMISSIONER CARTER: Are we also in this process back to looking at improvements in recycling? Are we looking at other ways to put in merks to do any kind of thing to try to expand that operation so that we can use an existing landfill, we don't have to expand it? What we do is find a better way to dispose of our trash. Are we doing a broad based R&D approach to this or are we only focusing on one narrow focus of odor? And that troubles me a lot. I want a broad base. MR. ILSCHNER: WeIll at the present time we have been focused on, of course, operating an existing landfill and trying to control the odor associated with thatl identify the problems and solve those existing problems. COMMISSIONER CARTER: agree with that. MR. ILSCHNER: That doesn't mean staff isn't charged our management responsibility to continue to seek out and forth to this board new technologies, things that we feel beneficial for you to consider. And we'll continue to do of our staff responsibility. CHAIRWOMAN MAC'KIE: Which frankly, Commissioner, is their third recommendation, to continue to investigate alternatives. COMMISSIONER CARTER: And I'm just sayingl do we have the staff, do we have the dollars, and we're not just saying we're going to do Page 62 Then I would agreel that's short-term. I just with try to bring could be that as part February 9, 1999 this. But I want a time certain on this. I would like management reports. I would like us to be really aggressive in this. Whatever it takesl let's do it. MR. ILSCHNER: We will put a plan together and bring you a comprehensive approach to this problem and have it to you in no more than 60 days from today. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: Commissioner Berry made the comment that she's not interested in expanding to that acreage to the northl so we apparently have at least a majority on that. What we have I thenl is a limited time frame for how longl even if we maximize, for how long we can be at the existing site. There are some state and federal regulations on what minimum inventory we can have. And there comes a point where if we're not going to expand I then we know that -- then we need to know what are we going to do? So while we're deferring that decision todaYI if we're not sayingl okay, we're going to pick L and definitely go with that. If we defer thatl can wel as a commission, make a commitment to set a time certain I as Jim just said, for when that decision will be made? How are we going to handle our waste long-term? Can we make that decision by a year from now? Can we make that decision by whatever time frame? CHAIRWOMAN MAC'KIE: Keeping in mind that one of the boxes I put myself in in my very first month on the board was to answer a question like that with a black-and-white answer. And the mistake that I've learned there is that as I gather information and as technology changes and as more and more things become available, it is a moving target, as much as I would like to say here's the answer. And I just have to say, I think no matter what happens on this decision, Commissioner Constantine, you have done your district a great servicel because you have moved this issue to the very forefront. And I think you hear all of these commissioners saying, Golden Gate deserves to have a solution to the probleml they do not deserve to continue to be treated the way they have been. And you hear a strong commitment to a change there. And I just want to commend you for that. COMMISSIONER CONSTANTINE: I appreciate that. And I realize it's a moving target. But at some point, a decision has to be made. And I'm suggesting this board ought to make the commitment to set a direction and hold to it. COMMISSIONER NORRIS: I thought we had already done that. But as the board makes up changes I then the decision changes, and that's part of our problem. I don't think we're going to change our minds any further today by further discussion. Does somebody want to make a motion, let's go vote to do the workshop? CHAIRWOMAN MAC'KIE: If we were to do a workshop I it would be to discuss what are the other alternatives that are available to -- what I would like very much to do is to stop the bleeding on the spending for Site L. If all the costs associated with the acquisition of Site L Page 63 February 9, 1999 are suspended as of today while we look at workshopping the continuing problems, that is something I don't think anybody should object to. COMMISSIONER CONSTANTINE: Let me make a motionl and I'll include that as part of it. We've already rejected the alternatives for the export, the trucking. But Item 2, Item 3, and Item 4 we'll keep, except we will alter 4 to just kind of put that in a holding pattern and not expend -- and exactly what you saidl not expend further funds and time and schedule a workshop. We don't need to pick a date, but perhaps by the next commission meeting have a date in mind where we schedule a workshop for the next couple of months, and look at what are the alternatives, how are we going to approach that, is there a fair time line, look at all those issues we have just talked about. COMMISSIONER CARTER: Then I think we can better establish when we'll have a drop-dead date on this. I'm with YOUI Commissioner Mac'Kiel I don't want to draw a line in the sand here and then be trapped. I want us to have a thorough analysis of this. And I know a lot of work has been done on this. But there's so much happening so quickly that I think we need to take advantage of that. CHAIRWOMAN MAC'KIE: What I'd like to see included in the workshop when we get there is how we could, at least to the extent there are closed cells at the current landfill, how we could begin to provide some sort of an amenity to the citizens of Golden Gatel through if it's ATV, or whatever the use is going to be at the site as it currently exists, how we could begin to do some paying back to the community of Golden Gate for what theY've been through. Was there a second for that motion? COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: Mr. Weigel wants to discuss. MR. WEIGEL: Just one question. That is, I previously discussed with this board that the county had encountered a difficultl in fact, an absolute impossibility to do some mapping and surveying work, which we believe is a statutory right under two different statutes on the Site L property. We have filed the writ of assistance of lawsuit in that regard. It's a minor suit, so to speak. It's set for hearing in May. And I just wanted to advise you of that. If you have any direction for me, obviously you don't want to go forward in any way that you don't want us tOI but that is the facts that we have right now. COMMISSIONER CONSTANTINE: I would suspect that we can schedule a workshop before May. And perhaps by that workshop, if we don't need to go ahead with that, then you can -- that will leave you ample time to get on with it. I know Commissioner Norris would like to split this into two or three workshops. CHAIRWOMAN MAC'KIE: As much as he loves workshops. MR. WEIGEL: There's no problem with that whatsoever. I appreciate your comment and thought there. There is plenty of time. The homework is essentially done. CHAIRWOMAN MAC'KIE: Is there anything legally that will happen between now and Mayas a result of the pending motion? MR. WEIGEL: Your motion? Page 64 February 9, 1999 CHAIRWOMAN MAC'KIE: I'm sorrYI your motion in court. MR. WEIGEL: The motion in court, no. CHAIRWOMAN MAC'KIE: Nothing will happen? Okay. MR. WEIGEL: There's a hearing date. We've not even had service that I'm aware on the -- CHAIRWOMAN MAC'KIE: They're not like depositions. There's nothing else that happens. MR. WEIGEL: I don't think it will encounter any of that type of complication. CHAIRWOMAN MAC'KIE: Okay. Any further discussion on the board? If notl all in favor of the motion, please say aye. Opposed? (No response.) Motion passes 5-0. Let's take a lunch break, what do you say? Come back 1:30. (Luncheon recess.) CHAIRWOMAN MAC'KIE: Okay. We'll call the meeting back to order. Board of County commissioners I February 9th, 1999. still happy birthday to my brother. Item #8Cl REPORT ON THE STATUS OF BEACH ACCESS AND BOAT LAUNCH PARKS - REPORT PRESENTED And we are on Item 8(C) (1), report on the status of beach access and boat launch parks. MS. RAMSEY: Good afternoonl Commissioners. COMMISSIONER CONSTANTINE: Motion to approve staff recommendation. CHAIRWOMAN MAC'KIE: Anything further? Anybody want to second the motion? COMMISSIONER BERRY: I -- go ahead. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: Yeah, I'd like to discuss the idea of changing something under Growth Management Plan that we've never had before, putting in something that we've never had before. CHAIRWOMAN MAC'KIE: So you're not ready to second the motion. You want to hear from staff? COMMISSIONER NORRIS: I'd like to have -- COMMISSIONER CONSTANTINE: I'm sorry for trying to expedite. I'll withdraw my motion. COMMISSIONER NORRIS: on our number of citizens CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: service. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Well, we've before. Yeah, but we We did? We told them never spaced our parking spots instructed them to. to come up with a level of I didn't support that item. I see. Page 65 February 9, 1999 COMMISSIONER CONSTANTINE: What's wrong with you? COMMISSIONER NORRIS: It just goes back to the same '01 thingl give DCA a stick and say, please bump me over the head with it. Item #8C2 REPORT RESULTS REGARDING THE PARK IMPACT FEE STUDY - STAFF TO AMEND CURRENT LEVEL OF SERVICE TO REFLECT OPTION #3 WITH TDC MONEY FOR BEACH PARKING CHAIRWOMAN MAC'KIE: Marla? MS. RAMSEY: For the record, Marla Ramsey, Director of Parks and Recreation. Actually, the plan I have in front of youl I'm really not asking for any motion at this time. It's really going be a supplementary package to the impact fee study, what's going to follow this presentation. But to give you a brief of what is entailed in the report that's in front of youl I think I have to start with just a little bit of history. In 1989, when the level of service for open space was adopted in the Growth Management Plan, the county had a land deficit of about 156 acres. Since impact fees can only be used for growth related purchasesl these deficits would have required the county to use ad valorem taxes to purchase the additional required lands. In 1990, the county received permission to include state park acres into the Growth Management Plan, thus limiting the deficit and satisfying the need for regional park land acres for about 30 years. Currently, the Growth Management Plan does not include a level of service standard for beach parking spaces or boat ramp facilities, only regional park acres. Even though the Growth Management Plan does not have a level of service standard for beach parking and boat ramp facilities I the county has been proactive in increasing the number of parking spaces. Since 1986, Collier County has added 631 spaces at Clam Passl South Marco, North Gulfshore and Barefoot Preserve. If you turn to Page 9 of your agenda packet I and also going to refer to something on the overhead, you will see that if we remove the state lands, which are represented in green CHAIRWOMAN MAC'KIE: Get the key where we can see itl because the one in the book is pretty useless. MS. RAMSEY: I'm sorry about that. CHAIRWOMAN MAC'KIE: That's okay. Can you slide it over? Slide it over so the key will show. There you go. MS. RAMSEY: The green linel which represents the state line, goes off the top of the chart. The blue line that we have here is our population growth. And then our regional park acres is the other red line that goes up. CHAIRWOMAN MAC'KIE: So the red line is the real regional parks without counting the -- what the state allows us to count. That's the state lands. Page 66 February 91 1999 MS. RAMSEY: State lands I preserves, and the state parks that are in Collier County. You can notice that the gap between the red line and the -- I guess it's a bluish line has been reduced. Because of the purchase and -- of the Sugden Regional Park and the recent board's action to acquire 175 acres for the new regional park land in North Naples. Given the projected rate of growth in Collier CountYI these two recent purchases will satisfy regional park land need until the year 2002 without the state lands in that figure. Because the impact fee study that will follow this report refers to beach parking and boat launch fee -- not fee, I'm sorry, boat launch facilities level of service, staff has developed this report I which will highlight a number of options that are available for expansion in these areas. If you refer to Page 3 of your beach access and boat launch report. I can go over some of these briefly with you. I will caution that staff has not calculated environmental concerns into the cost associated on these pages. COMMISSIONER NORRIS: Ms. Ramsey, my concern was really only with the number of parking spots per capita. Unless the rest of the board wants to go into these other side issues. CHAIRWOMAN MAC'KIE: I support taking the state lands out of the original park calculation and being realistic -- good Godl these mikes are weird today -- about the measurements. And that -- that leaves only the question of what the ratio is going to bel right? 150 to 1? MS. RAMSEY: That is the recommendation by staff and also by parks and recreation advisory boardl which was one parking space per 150. We are currently -- if you look on Page 10 of your packetl there is a current trend population versus available spaces for parking use in seasonal populations. And you will notice that in the year 1998, we actually have a ratio of about 1 to 128 currently, and the level of service that we are looking at is a 1 to 150. CHAIRWOMAN MAC'KIE: I wondered why not 1 to 1351 which is the 1999 rate. Because the current -- we don't have any extra capacity at this point, it seems to mel would be planning for deficit if we have a rate as high as 150 to 1. COMMISSIONER NORRIS: What -- do we get to count the ones that are in the City of Naples on our counts? MS. RAMSEY: Yes, this total population numbers, parking space numbers along the side here include all parking spacesl including city, county and state parking facilities. CHAIRWOMAN MAC'KIE: It would be interesting to see a ratio without counting things within the City of Naples, within the city limits. MS. RAMSEY: There is -- CHAIRWOMAN MAC'KIE: You don't want to look there. COMMISSIONER NORRIS: No, it wouldn't be that interesting. MS. RAMSEY: The closest that I have to that particular remark is on Page 8 of your packet. You will notice that 46 percent of the beach front miles is county, and 46 percent is the City of Naples. So Page 67 February 9, 1999 we're pretty even as far as beach front facilities. The parking spaces are very similar, as well as 44 percent in the city and 42 percent in the county. Then we get into the boat launch area, which is another area. But 65 percent of them are county and about 14 percent of them are city. CHAIRWOMAN MAC'KIE: That 40 -- what is it? 40-something percent of county beach parking is basically the state park, thoughl right? It's not including Delnor Wiggins state Park. MS. RAMSEY: No, the state has 14 percent of the beach parking spaces. CHAIRWOMAN MAC'KIE: Oh, good. So we have 42 percent. We, within the county limits -- this is a good number for me to know have 42 percent of the beach parking spaces outside the incorporated limits of Naples and 44 percent are within. So, John, it's not as bad as I thought it would be. COMMISSIONER NORRIS: It's still pretty bad. CHAIRWOMAN MAC'KIE: 42 percent? That's not bad. Well, population ratios, that's pretty bad, but -- COMMISSIONER NORRIS: Well, I think to answer your question about changing it to 1351 if you'll look at 2002 on that chartl it shows that we do go over the 150 that's being proposed. And that's exactly what my point is, why do we want to give DCA a stick to hit us with and saYI well, you have to go buy some property and make some parking spots? CHAIRWOMAN MAC'KIE: You know why? Because sometimes local government just doesn't have the will to do what it's got to do unless somebody's got a stick. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: adequately heretofore. COMMISSIONER NORRIS: Well, that is certainly subjecting -- COMMISSIONER CONSTANTINE: Let me interject a little bit. I would say if you look in the last, 1'11 saYI the last six years and three months. But if you lookl saYI since 1990 and look at the parks projects and, you knowl between Sugden Park and some of the regional facilities we've done, the work that we have done in Veterans Park. CHAIRWOMAN MAC'KIE: We're only talking beach access at this moment. COMMISSIONER CONSTANTINE: No, but I'm talking current, when we talk about park issues in general. One of the complaints when I got on the board was, we were dealing acres to peoplel park space, and set some things in placel some of which is required at the state level, some of which is not. And we've gone ahead and done those things. I think the board has made a fairly clear commitment that beach access is a high issue. And I've got to agree with Johnl I think as long as we really address it and don't just float it out there. But again, I think it's a priority thing. As I talked before, if you have an economic downturn in 02 or 03 and that happens to coincide with the deficit the DCA forces you to come up withl is that the highest Speak for yourself, please. Well, we haven't addressed this issue Page 68 February 9, 1999 priority items over EMS or sheriff's or other things that you are having to pay for those things? CHAIRWOMAN MAC'KIE: Marlal this may be a question for Bob Mulhere instead of for youl but the place where we're talking about adopting a level of service standard here, like the other parks, it's in the non-moratorium related -- what is that called, the non-mandatory or something like that? Bobl what is that called? It's the section of the compo plan that's not mandated by the state. MR. MULHERE: I think you're talking about those that are concurrency driven and those that are not concurrency driven. CHAIRWOMAN MAC'KIE: Nonconcurrency driven, right. This would not be a concurrency related level of service. MR. MULHERE: Unless we identify it as such within our own comprehensive planl yes. CHAIRWOMAN MAC'KIE: I'm not suggesting that. And that's where the state has a real stick. That's where a moratorium can occur or you can be forced to make funding choices. This is wherel like for park lands, we set a standard for what's acceptable for our county. COMMISSIONER NORRIS: Tell me the functional difference between doing it this way and just doing it without setting that number down on paper. I just don't see a functional difference there. And I don't see it as necessary to put that number down on paper. If it's the will of the board to increase the number of beach parking spots, then that's what we should do. CHAIRWOMAN MAC'KIE: If we put it down on paperl John, the reason is that once it's in there, it takes four votes to get it out. And then -- you knowl so it has some real staying power. COMMISSIONER NORRIS: If it has no effect, it doesn't matter if it has staying power. CHAIRWOMAN MAC'KIE: It has some effect but it just doesn't have moratorium and concurrency driven effect. MR. MULHERE: Well, let me clarify that statement. Parks and recreation are Category A. They are Category A. Whether or not you -- whether or not providing additional parking will always be driven by the need for more parks, per se, is another issue. But parks and recreation is a Category A item, andl thereforel would be concurrency driven. COMMISSIONER CONSTANTINE: You know, I was in favor of it when we started, but when you made the point that you trust Tallahassee more than you trust the locals essentially, then that really lost me. COMMISSIONER CARTER: I'd like to hear from Mr. Olliff. I think he wants to tell us something. MR. OLLIFF: Thank you. For the record, Tom Olliff, Public Services Administrator. To help clarify this one particular point, the Parks Growth Management Plan level of service standard is different from probably any other in that it is a dollar value level of service standard. We have a whole menu of items that can be included in that. Page 69 February 9, 1999 Beach parking is one of the things that we're recommending from your previous discussions that we include. If you establish a standard of 135 to 1 or 150 to 11 we're not required to have that. What we are required to do is to have a dollar value of park improvements out there on the ground that meets the level of service standard. What we're trying to say is, that's where ideally we would like to be, you know, in all these different types of things. There are volleyball service of standards and there are racquetball and there are shuffleboard court level of service. But that doesn't mean I can tell you here that we have the exact number of shuffle boards courts per population that we have to have. But I can tell you of the dollar value of the inventory that is out there does meet your level of service standard requirements. COMMISSIONER CARTER: So this is a goal versus locking us into any MR. OLLIFF: Yesl sir. COMMISSIONER CARTER: performance standard with the state. MR. OLLIFF: What it does effect is what you can charge for an impact fee. If you establish 150 to 1, then obviously you're going to not generate as much revenue because you don't have to provide as many parking spaces. If you go to 10 to 1, obviously you are going to need more money because your goal is to provide more beach parking spaces. CHAIRWOMAN MAC'KIE: So basically what this drives is what is the impact fee for parks? This will affect that more than anything else? MR. OLLIFF: Yes, and that.s the reason this report is herel to try to give you a preliminary fee to this discussion about park impact feesl because the decision that you will need to make on that particular discussion is whether to include beach parking or not. COMMISSIONER BERRY: So beach parking is one of several items here that we're looking atl okay, and that is one that we've identified previously that we do have some concern over. MS. RAMSEY: Right. COMMISSIONER BERRY: I have another concernl tOOl it has to do with boat launch ramps. I haven't heard as much in the coastal -- immediate Naples coastal area, but there has been concern in the eastern part of the county. But I did speak with Mr. Olliff prior, and he said there are some facilities down there that perhaps they're not well known, and that's something that perhaps we can encourage them to address that issue and let the public know of their whereabouts if they don't know. So until we get all of that definedl I'm not going to press that issue, but I would like to know a little more about that. CHAIRWOMAN MAC'KIE: Sort of heads UPI that if you don't, it's coming. Other comments from the board? MS. RAMSEY: Just one clarification that I have oversighted. When we came to that 1 to 150 ratio, that was based on the direction that we received at budget time to go ahead and design 150-space parking facility at Blue Bill. And we took those numbers into that Page 70 February 91 1999 calculation so they're included in that 150, right or wrong, with the assumption that we were putting in 150 parking spots at that location. CHAIRWOMAN MAC'KIE: So you -- the action you're asking from -- asking for from us today is just to agree on what the level of service for beach parking would be, staff and parks and recreation advisory board recommend 1 to 1501 and if that is what we accept, or whatever we decidel that will be what is used to calculate impact fees or to determine what impact fees should be. MS. RAMSEY: That's correct. And you'll see in the presentation that's to follow thisl there will be a number of options to choose from as far as what the impact fee levels will be. And some of those options include beach parking level of servicesl and others do not. And for this particular report, I don't need to have an approval at this point in time. I just brought this here for your information as a supplement to what's to come after this. COMMISSIONER CARTER: In regards to Blue Bill, that does not mean that it will be there, it just says it was factored inl in your calculation? MS. RAMSEY: That's correct. COMMISSIONER CARTER: Thank you. CHAIRWOMAN MAC'KIE: So do you need a motion from the board today on this 1 to 1501 or you don't? MS. RAMSEY: You will probably make that motion when you make the approval of the impact fees. CHAIRWOMAN MAC'KIE: We have one speaker. MR. FERNANDEZ: Madam Chairwoman I we have one speaker. Dick Lydon. MR. LYDON: Good afternoon, ladies and gentlemen. I'm Dick Lydon. Today I'm here to represent the Second District Association. And I would like to have you take a look at Page 2 of the executive summary that Marla has in front of her where you outline some eight areas. And I have only a few comments. First of all, delighted to see 75 slots that somebody found up at Barefoot Beach. And you can -- even at $1,000 apiecel that looks to me like a slam dunk. I think we should commend Parks and Rec. for putting together this program, because those of us who are concerned with beach and beach parking and beach access have been looking for this for quite a while. Beaches are our most valuable asset. We have a real problem with getting access to those beaches. And that is not going to go away. It's going to get helped by these recommendations. I was all set to take off on the Blue Bill parcel, but I understand that Commissioner Carter has set up a meeting for the 3rd of March to discuss that and in rather full length. The one thing that I do want you to know, that the Second District Association has joined with the Vanderbilt Beach Association in suggesting that maybe a local MSTU, depending on how you define local, is not in orderl since that little park over there is going to be used by everybody in North Naples. Page 71 February 9, 1999 So the -- and my quick thought on that iSI we have a policy here, Parks and Rec. has a policy that says, no neighborhood parks. It may be time to look at that policy again. Moving on very rapidly -- COMMISSIONER CONSTANTINE: I couldn't agree with you more. MR. LYDON: Trading Blue Bill parcel, I don't know what you'd trade it for. There's not much around to trade it for. Number C, utilizing revenue from that sale to acquire parcels, again, where you acquire. Moving on, the Vanderbilt Beach parking expansion kind of ties in with NO.8. And if you look at 3 and 8, you'll see that there's a possibility of you may be getting some land on the north side of Vanderbilt Beach Road and doing a little horse trading for that on the south side. And I would recommend to you that you look at an overall plan which calls for something like the villages being built in that particular area. We're looking at a reconnection between Vanderbilt lagoon and Clam Bay. If we get some shops in therel we need some parking. And that may be the way to go. Because if we do the connectionl we may need that real estate that is present that the parking lot is sitting on. Clam Pass parking expense, I would ask only one question. At 1/750,000, I question whether you have to have a roof on that particular parking lot on the second story. Bonita Beach Road parcel, fine, all well and good. It sounds like that one would work, if we could find the money. Bussing, over on Vanderbilt doesn't help as muchl because we only have two little bitty beach accesses north of Vanderbilt Beachl the turnaround at Vanderbilt Beach. So you get a little traffic problem in trying to drop them off at those two little ones. And if we're going to use those two little onesl they're going to need some upgrading. The Perry Access, WCI is using that now for Tarpon Cove over at Barefoot Beach. Not very well utilized at this point. But again, with a big beach and a big concentration of people on the north end and the south end, that iSI the parkl Delnor Wiggins and the Vanderbilt Beach, you get out on a busy day, you can't find a place to park. And once you get to the beach in one of those areas, you got to walk a long ways to find a place to put your chair down. In adding up all of this up, it looks to me like we could add about 3,000 more people per day to the beaches with all of the things imposed. And that's a start. Not goodl but it's a start. When you stop and think of all the developments on Immokalee Roadl it's a start. Much conversation has been used about using tourist tax money to build some beach parking. And I think that makes a lot of sense. But my comfort level would be much greater if two of you up there would kind of join the club and extend the one cent beyond 12-31-99 without the expense of an anguish of our anguish and expense. Thank you very much. Page 72 February 9, 1999 Did you push that button, Tim? COMMISSIONER CONSTANTINE: I've got to get me one of those. CHAIRWOMAN MAC'KIE: Any other public speakers? MR. FERNANDEZ: None others. CHAIRWOMAN MAC'KIE: So you don't need a motion from the board today. This was an information item. So we can move onl if I can find it, to the next one, has to do with the impact fees for parks. Here we go. C-2. MR. OLLIFF: Good afternoon, Madam Chairwoman. For the record againl Tom Olliffl Public Services Administrator. And if someone would have told me that presenting a park impact fee update study where a proposal of a major increase in the fee was going to be one of the better items on the agenda today to present, I never would have believed them. CHAIRWOMAN MAC'KIE: I was going to compliment you on your scheduling prowess. Good agenda to get on. MR. OLLIFF: Comparatively speakingl I'm glad to have this item. What's in front of you is a long overdue update study to the Park Impact Fee Ordinance. And without taking a lot of time, I'd just like to introduce Jane Fitzpatrick. And those of you who have been here for any length of time will remember that Jane was actually a member of our staff and cut her teeth doing Growth Management Plan work for us and is now a member of the Henderson Young and Company firml and knows more probably about our parks department than anybody on the outside. And I think she has done a fine job. And I'll let her explain the details of the four different options that are there in front of you in your executive summary today. MS. FITZPATRICK: Good afternoon, Commissioners. For the record, I am Jane Fitzpatrick from Henderson Young and Company. Former county employee. The report that I've prepared for you today is a summary of three options for updating the 1991 impact fee study. Staff has prepared a fourth option which is a spinoff of the third option in my study. The three options include taking the 1991 impact fees and their standards and strictly updating those fees for today's costs for 1998 costs. So we're talking about updating for seven years of cost increases. We've also added three new facilities to the shopping list, if you willI of facilities that have been included in the level of service. We've added a standard for beach parking spaces. Not for the land portion, that's still included in the regional park land standard, but for the cost of putting a parking space on that land. We've also added a standard and cost for roller hockey and skate parks, which are new facilities that the department is providing. There's an option summary in my report, and I'm not sure which page it is in the agenda package. It lists the three options, plus the current impact fee rates. At the top of the chart, YOU'll see the value per capita. This relates to the standards for level of service. And the standard, as Page 73 February 9, 1999 it was developed in 1991, as Tom had said earlier, is an inventory value per capita. How that was developed wasl the county developed a shopping list of facilities that it would like to provide to the citizens. We came up with standards for each of those facilities, and then equated that to an inventory value. That inventory value is your adopted standard in your comprehensive plan. The reasoning behind that was to give you flexibility. Since parks are Category A, are concurrency facilities, you didn't want to be put in a position of facing concurrency problems because of a shortage of shuffleboard courts, tennis courts at any given time. And this gave you the flexibility to go shop. You could be flexible with the needs of the community without having to go through a comprehensive plan amendment. The first column of data which is the current for the 1991 impact fee shows that standard as it was adopted in 1991 of $231 per capita. That's the inventory value. Down below are the impact fees that the county is currently charging based on that standard. For the unincorporated areal it's $578 per dwelling unit. CHAIRWOMAN MAC'KIE: Jane, can you just tell us on your report, I forget what page it is in ours, what page is it -- MR. FERNANDEZ: Page 6 of -- MR. OLLIFF: Page 6 of yours. CHAIRWOMAN MAC'KIE: That's where I was, but I wanted to make sure. MS. FITZPATRICK: The cities right now are being charged $179 per dwelling unit. This is based on costs to provide the facilities in 1991. The next column, which is Option 11 takes the same standard and updates it for 1998 costs. Where the value per capita was $231, today it would be $578. In calculating the feesl that would increase your fee from 578 for the unincorporated county to $1/246. And for the cities, from 179 to $778 per dwelling unit. Nowl that's strictly based on updating the costs to provide those facilities. Plus the addition of those three facilities. And the addition of those three facilities only amounts to little over $23 per dwelling unit. So the majority of this is just bringing you up to today's cost. Option 2 is looking -- what this represents is what you are currently providing. This is your current level of service. And that is actually lower overall than what you've adopted in 1991 updated for today's cost. The bottom line is that if you were to change your level of service to the inventory that you have right now on the ground, or this was as of August 31st, the value per capita standard would be $528. And the corresponding impact fees are down below. Option 3 is Option 2 minus the standard for beach access park land. It does not exclude beached parking land, but just the beach access parks themselves. So this would allow you to charge an impact fee to acquire property for beach parking spaces. CHAIRWOMAN MAC'KIE: Which one would allow that? Page 74 February 9, 1999 MS. FITZPATRICK: Both -- weIll all options allow it. Option-- all the options in here include the acquisition of land for beach parking. option 3 does not include the acquisition of beach access parks, but it allows you to acquire property adjacent or off-site to build parking spaces on. COMMISSIONER CONSTANTINE: So no Lowdermilk. COMMISSIONER BERRY: Not just buying parks, you can buy parking space. MS. FITZPATRICK: Parking space for beach access parks. CHAIRWOMAN MAC'KIE: Okay. We don't need to build parks, we just need to build parking spaces. I got it. Thank you. MS. FITZPATRICK: And staff has also developed a fourth optionl which is taking that Option 3 and coming up with a proposed finance plan to fund the piece that has been taken off the table in Option 3, which is the beach access park lands. I believe maybe Tom could explain that a little bit better. MR. OLLIFF: It just allows -- what we're trying to do is show you that there are other funding options. If you wanted to plug that portion of the impact fee study that was here relating to beach parks I if the board wanted to pursue additional beach parks, you can use tourist development tax monies to do that, if you choose to do that. CHAIRWOMAN MAC'KIE: I'm not as worried about beach parks as beach parking. COMMISSIONER CONSTANTINE: Right. COMMISSIONER CARTER: What would it take to do that, Tom, so we'd have some numbers? Is that an exhaustive process, or is that a quick process? MR. OLLIFF: It's about $300 difference in the fee. If you look at it -- it's basically the difference between Option 3 and Option 2. $821 versus the 1/128. MS. FITZPATRICK: Nowl what I'd like to do is briefly walk you through the methodology. I'll be using Option 1, which is taking your existing impact fee rate study and updating it for current costs. CHAIRWOMAN MAC'KIE: Can I -- with all due respect, unless that's something that you need to verbally put in the record, it's in the record, because we've read itl it's in our agenda packet. MS. FITZPATRICK: That's fine. CHAIRWOMAN MAC'KIE: Is that okay with the rest of the board that we don't necessarily go through the methodology? Thanks. MS. FITZPATRICK: That's fine. MR. OLLIFF: In conclusion, I think what we're looking for is direction in two cases. We're looking for direction from the board in terms of what type of impact fee amendments you want to see us pursue. Because this is not the amendment itself. This is actually direction from you to go amend the ordinance. The ordinance itself would be taken through the development services steering committee. Because we have an obligation to do that for anything that's impact fee related. Advertise it for 30 days, and it would be back on your agenda probably within 60 days from now. Page 75 February 9, 1999 CHAIRWOMAN MAC'KIE: Just to point out, because I'm going to try to do this until we get in the habit, anything that goes to Development Services Advisory should also go to Environmental Services AdvisorYI because we are going to get those on a par. They may not be terribly interested, but they need to have that option. MR. OLLIFF: Okay. And the other issue just relates to the beach parking issue. That's something that you had directed that you wanted to see to consider including in your level of service standards. This is where the rubber meets the road, if you will. This is the cost associated with doing that. So we just need some direction from you about whether or not you want us to include that as a standard. CHAIRWOMAN MAC'KIE: Board members? COMMISSIONER NORRIS: No. CHAIRWOMAN MAC'KIE: John says no. I say yes. There's a pattern developing here. COMMISSIONER NORRIS: COMMISSIONER CARTER: 21 option 2? MR. OLLIFF: Yesl sir. COMMISSIONER CARTER: Why would you recommend that versus Option It's been around. You're recommending, Tom, that we go with 4? MR. OLLIFF: Right nowl your options for providing additional beach parking are not real good. You have basically built out what you own. And if the board really wanted to look at every available option, I think some of those options may include beach front type properties, where you would want to expand existing beach front parks that you have. And I think that option allows you to do that. Whether it's purchasing some additional properties adjacent to Tiger Tailor additional properties adjacent to any of your existing beach parks, that's the option that allows you to do that. COMMISSIONER CONSTANTINE: I thought I just heard at least three members of the board say that wasn't a primary concern right now. The parking is but the park -- MR. OLLIFF: I was answering his question about why it was our recommendation. CHAIRWOMAN MAC'KIE: And the cost -- give me the Option 2, the impact fee is what? Option 4, the impact fee is what? MR. OLLIFF: Option 21 the impact fee is $1,128 per residential dwelling unit. The Option 4 impact fee is $8211 but you're directing us to go back and pursue some amendments to tourist development tax ordinances to allow staff to use that as a funding source for beach parks. CHAIRWOMAN MAC'KIE: So basically it's a $300 per house difference if we want to pursue beach parks as opposed to just beach parking? MR. OLLIFF: Yesl ma'am. CHAIRWOMAN MAC'KIE: Thank you. I finally got it. COMMISSIONER NORRIS: Is there any reason you can't use TDC funds under Option 2? Page 76 February 9, 1999 MR. OLLIFF: None. And if the board wants to direct us to go look at beach parking using TDC monies -- there's a million different options, and we didn't want to try and confuse the mix, but you can have us look at what is the actual beach use mix. It was 70/301 if I remember several years ago. We could do beach parking improvements using 70 percent TDC money and 30 percent impact feesl if that was the board's choice. There are a number of different ways. COMMISSIONER CONSTANTINE: What's the downside, in your mind, of option 3? By 31 you're saying add on to 31 the opportunity to look at that other? MR. OLLIFF: Yes, sir. COMMISSIONER CONSTANTINE: The 300 bucks, when we're talking about millions, doesn't sound like a lot of money. But when I think of the new homes going up in Commissioner Berry's district or my district and I'm sure in all the districts, for that matterl but it is a lot of money. We talked about -- when we're talking about the law enforcement impact fee five years ago, six years ago, at the time it was going to be $500 or $600, and I had pulled with one of the Golden Gate banks out there all their mortgages for $100,0001 or a home total value $100,000 or less that they had done in the previous 18 months or a year or something, and that $500 difference made 24.8 percent. One out of four of those who would not have qualified for their mortgage if we just add that extra 500 bucks on there. That's what I worry about when we say it's just an extra $300 is we are making a decision if we go for the higher fee. That can rule some people out of getting into a home or certainly delay them getting into their own home. And that's just one of the things. Obviously we need to take care of the parking needs and so on, but if we can do that and have $300 less, I'd much prefer to do that. COMMISSIONER CARTER: Pursuing Commissioner Norris' ideal if we could role 4 to 2 and do thatl that would be very amenable to me. I like that idea. So that we would reduce that by $300. COMMISSIONER BERRY: I'd like to see us pursue using some of the TDC money to aid this so it doesn't come down on the property owner. MR. OLLIFF: In fairnessl I wouldn't be doing my job if I didn't tell the board, tOOl that behind this study, you need to be aware that there are several impact fee studies currently underway. And there is an accumulative effect, when Commissioner Constantine is talking about the cost of these impact fees on that $1001000 house. We just recently executed a contract to update your library impact fee and your transportation impact fee as well. We were negligent in this case. To be honest, this one hasn't been updated in eight years. That's why you see such massive increases and just straight inflammation issues. But you do need to keep in mind that there are other studies coming. CHAIRWOMAN MAC'KIE: Do you need a motion for direction? MR. OLLIFF: I would appreciate it. COMMISSIONER CARTER: Well, I move that we exercise Option 2 and incorporate the utilization of Tourist Development Council -- or TDC dollars. Page 77 February 9, 1999 COMMISSIONER BERRY: I'll second that. COMMISSIONER CONSTANTINE: Does Option 2 then mean we are including the extra $300? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER CARTER: Yes. Yes. Except -- weIll what it does is, if you -- it gives you an opportunity to reduce it by 300. CHAIRWOMAN MAC'KIE: If you can catch it up through TDC money. COMMISSIONER BERRY: This is not for the acquisition of parks at the beachj am I correct? I'm talking about parking. COMMISSIONER CARTER: parking. COMMISSIONER CONSTANTINE: Why are we opted for the $1,128 instead of the $821? If we can pursue the TDC and all these other avenues and still achieve what we've set out as our goals and have that impact fee $300 less? CHAIRWOMAN MAC'KIE: Commissioner Carter, maybe a different way of saying where I think you're going is that you wanted to pursue 4 plus TDC instead of 2 minus TDC. COMMISSIONER CARTER: Right. What I'm trying to do is save the money and use TDC dollars to do that. Maybe I need to correct my motion, we go with 4 and pursue TDC dollars. CHAIRWOMAN MAC'KIE: I think that's what I heard you supporting. Is the second okay with that? COMMISSIONER NORRIS: Is this where we're going to -- CHAIRWOMAN MAC'KIE: Let me see if we got a second. COMMISSIONER BERRY: I want to make sure where we're going here. COMMISSIONER NORRIS: Option 4. CHAIRWOMAN MAC'KIE: Option 4. COMMISSIONER NORRIS: We're now on to 4. COMMISSIONER BERRY: This is to collect based on Option 3 calculations, which is the $821 right? CHAIRWOMAN MAC'KIE: Correct. COMMISSION CONSTANTINE: But pursue the TDC. COMMISSIONER BERRY: But use the TDC, yes. COMMISSIONER NORRIS: Now, does this motion -- what does this motion do in relation to the change in the Growth Management Plan concerning the number of parking spots per capita? CHAIRWOMAN MAC'KIE: Well, Tom? MR. OLLIFF: This fee is based upon the staff recommended level of service of one space per 150, if I recall. CHAIRWOMAN MAC'KIE: But our compo plan is not going to have that, just like it doesn't have one shuffleboard court per so many residents. It's still going to have this dollar value of improvements per. So you're not adding a new measurement for the state to hit you with. COMMISSIONER NORRIS: That's not the way I see it. I don't know. MR. OLLIFF: What it will do is increase the dollar value of what you have to build for parks. Now, you have the flexibility. You can decide you want to do all of your inventory in bocci courtsl if you want to. But what it is saying is that, generally speaking, we like a level of service for beach parking of one space per 150 residents. Page 78 February 9, 1999 COMMISSIONER CONSTANTINE: on the bocci courts. COMMISSIONER BERRY: It will be very far out in the future. CHAIRWOMAN MAC'KIE: I think it is too critical to wait. MR. OLLIFF: But I do think it's important that you include this in your level of service standards, because that's what you need to support the Impact Fee Ordinance. COMMISSIONER NORRIS: What happens to our Impact Fee Ordinance if we don't include that? MS. FITZPATRICK: Excuse mel if you don't include the -- CHAIRWOMAN MAC'KIE: The 1 to 150. MS. FITZPATRICK: The 1 to 150, you would have a lower inventory value per capita. And the parking space would not be an eligible expenditure for impact fees. COMMISSIONER NORRIS: How much lower? MS. FITZPATRICK: Ohl probably you're only talking about $5. COMMISSIONER NORRIS: Good point. MS. FITZPATRICK: It was $23 total for the addition of those three facilities, including the parking space. COMMISSIONER NORRIS: So that makes $5 difference or thereabouts. CHAIRWOMAN MAC'KIE: Any other discussion? COMMISSIONER NORRIS: I certainly would prefer and request the motion maker to delete that 1 to 150 requirement out of the motion. CHAIRWOMAN MAC'KIE: I sure hope you don't. No pressure. COMMISSIONER CARTER: I would prefer to leave it in and then let the motion either go or not go. COMMISSIONER NORRIS: Okay. COMMISSIONER BERRY: Then I withdraw my second. CHAIRWOMAN MAC'KIE: You don't like having the ratio? COMMISSIONER BERRY: If we don't have to do it, don't do it. CHAIRWOMAN MAC'KIE: So you're going to reduce the impact fee for five bucks so that we don't have impact fee funds available for beach parking. COMMISSIONER BERRY: No, parking. CHAIRWOMAN MAC'KIE: How can you do that without -- I mean, I cut her off on not giving you the methodology behind on how we come to set the fee. But she can't just say, oh, I think about five bucks for beach parking is a good number. You have to have some ratiol some basis to rely on to justify the five bucks. COMMISSIONER NORRIS: Let's ask, does eliminating the 1 to 150 ratio from the discussion, does that preclude us from using these funds to build beach parking spots? MS. FITZPATRICK: In order to use impact fee money for beach parkingl you have to have that facility included in the calculation for the fee. COMMISSIONER NORRIS: directly. MR. OLLIFF: but every dollar I suggest we hold off for a workshop I want impact fees available for beach I don't think that answers my question The answer is no, it doesn't preclude you from thatl that you spend doesn't count then towards your gross Page 79 February 9, 1999 management inventory. So you're spending money that doesn't give you any credit on the compo plans side. COMMISSIONER NORRIS: Is that the situation we're in today, that we have spent money on beach parking spots and that does not count? MR. OLLIFF: We have included that because we have two separate categories of regional and community parks. It has counted towards our regional park inventory. But what we are talking about is collapsing them into a single ordinance. Then you're going to have difficulty claiming it in the future if we do that. CHAIRWOMAN MAC'KIE: Mr. Weigel, I'm going to have to get to a legal question here, but what I heard is that if you don't include the beach parking impact ratio in the methodology to support the fee, you can't spend impact fee money on that use? MS. FITZPATRICK: Let me backtrack on that response. You can, if the cost per acre for beach access parks includes beach parking as an amenity. And that was not done in the original study. COMMISSIONER NORRIS: But it could be done if -- MS. FITZPATRICK: So you have an option of bumping up the cost per acre for regional park beach access land. COMMISSIONER NORRIS: Which would be the preferable method, as far as I'm concerned. CHAIRWOMAN MAC'KIE: And what would that be? I don't understand that one. I understand the 150 to 1. What's that one? What's that way? COMMISSIONER NORRIS: She's essentially saying that we didn't even mention it in our previous Impact Fee Ordinance, but if we put the language in correctly, then we would be able to spend these impact fees on parking spots. MS. FITZPATRICK: If parking spots were treated as an on-site improvement to an acre of beach access park land. CHAIRWOMAN MAC'KIE: So we don't have to build a parkl we could still just build parking spaces, true? MR. WEIGEL: Connected to a park. MS. FITZGERALD: Connected to a park, rightl through the acquisition of beach access parks. CHAIRWOMAN MAC'KIE: That's why we have to have this ratio. MR. OLLIFF: I understand the board's concern. In the issue about having -- not giving DCA any more than they have the ability to hold over our heads. But I think in this particular case, it's probably a moot point. Once you establish your impact fee, we're obligated to spend that money. within a certain period of time we have to spend that money or return it. And as long as we spend that money on what you direct us to spend the money onl we're going to meet your level of service standard. Now, if we don't build a single parking space from now until the end of the compo plan'S existence, there's nothing DCA can do about that, as long as we're still building the parks that you want us to at the level of service that you establish. CHAIRWOMAN MAC'KIE: Is that true if we adopt the 1 to 150 ratio Page 80 February 9, 1999 MR. OLLIFF: Yesl ma'am. CHAIRWOMAN MAC'KIE: -- as a basis for the fee? It's really just the math that's the methodology that she's used to justify the five bucks that she's estimating. COMMISSIONER NORRIS: The other thing is that we've directed our staff to go ahead and try to get TDC funding into the mix here, and we can certainly use that to build parking spots, if that's the way we go about it. MR. OLLIFF: We can do that. And to short circuit this a little bit, because you have got bigger and better fish to fry, why don't we bring you back the actual dollar issues when we come back with the ordinance amendments that show you the TDC funding support for the beach parking, show you the impact fee support for that, and then you can see the actual numbers I what it doesl and whatever commitments that there mayor may not be when we bring this back in 60 days. COMMISSIONER NORRIS: You want to come back and have this discussion again? MR. OLLIFF: We have to CHAIRWOMAN MAC'KIE: We have to, anyway. MR. OLLIFF: -- for the ordinance amendments. CHAIRWOMAN MAC'KIE: What do you need from us today? MR. OLLIFF: I need -- what I heard from the board was direction that staff go and amend the current level of service standards in the compo plan and the ordinance to reflect Option 3, with the inclusion of tourist development tax monies for the beach parking component of that as weIll to actually lower the $821 feel if at all possible, to bring you back the ordinances necessary to implement that. CHAIRWOMAN MAC'KIE: You got it. I see lots of shaking head. Is that the consensus? Does that meet with everybody's approval? MR. FERNANDEZ: I think it would be appropriate to have a motion to that effect. COMMISSIONER NORRIS: So moved. COMMISSIONER CARTER: I'll second that. MR. FERNANDEZ: To clarify the record. CHAIRWOMAN MAC'KIE: Motion seconded. All in favor, say aye. Opposed? (No response.) COMMISSIONER CONSTANTINE: Is that Commissioner Carter's previous motion? CHAIRWOMAN MAC'KIE: Did you vote on this motion? COMMISSIONER CONSTANTINE: Yes, I did. CHAIRWOMAN MAC'KIE: Were you in favor? COMMISSIONER CONSTANTINE: I was in the affirmative. CHAIRWOMAN MAC'KIE: That's 5-0. COMMISSIONER CONSTANTINE: Sorry for the confusion. CHAIRWOMAN MAC'KIE: That's okay. I apologize. Item #8C3 Page 81 February 9, 1999 AUTHORIZE THE LANGUAGE AND CONFIRM THE BOUNDARIES FOR THE GOLDEN GATE NEIGHBORHOOD PARK MSTU SURVEY- APPROVED We're going to talk boundary that got pulled But, Mr. Fernandez, out here and when we get me that -- MR. OLLIFF: They're in the hallway. CHAIRWOMAN MAC'KIE: Oh, theY're in the hallway. I just want somebody to let them know that we were getting there. Commissioner Constantine? COMMISSIONER CONSTANTINE: Yeahl this is a fairly simple item. You remember the park thing. I wanted to add a couple pieces on here. In our packet -- thank you -- in our packet there's a map. That is not intended to go out -- or that was not intended to go out with the mailer. And frankly, it just simplifies if you live somewhere -- I was joking actually with our staff and said it's only taken three or four short years for John to officially become a bureaucrat. As we read through the letters, it does hit all of the points we have to hitj however, it's not an easy road. And so I've suggested three particular changes. One is just that we put on the little ballotl a price tag of each beside it where it says -- and I've handed that out to each one of youl where it says, passive park or active park, put $12 beside it and then $29 beside it so you don't have to fish through here and figure out which is which. Second, I crafted a little letter which needs a couple of minor corrections. But it just boils it down that these are your choices, this is what it costs, do you want to do it or not. I would just like to include that as a cover letter. But then I thought most importantly, we should probably include the map as it appears in your agenda packet, because it clearly shows where it is. And I think that's just a commonsense item. People ought to know where this spot is if they're looking at. CHAIRWOMAN MAC'KIE: All of those are good improvements. Any motion? COMMISSIONER CARTER: changes. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: All in favorl please Opposed? (No response.) Passes 5-0. Thank you. next about the Golden Gate Neighborhood MSTU off with consent. I don't see anybody from the Sheriff's office to the support services item, D-1, seems to I move we accept Commissioner Constantine's I'll second it. Motion and second. say aye. Item #8D1 AUTHORIZATION TO REQUEST COMPETITIVE PROPOSALS FOR THE CONSTRUCTION OF AN OFFICE BUILDING - STAFF TO REDESIGN BUILDING D AND THIRD FLOOR OF BUILDING H FOR SHERIFF'S DEPARTMENT AND HAVE DESIGN PLANS READY IN ONE Page 82 February 91 1999 MONTH; DON ARNOLD TO REDESIGN FOR PUBLIC WORKS WITHIN ONE MONTH AND ALL CONSTRUCTION TO BE COMPLETED WITHIN SIX MONTHS. FINANCIAL PENALTIES TO BE ENFORCED AND SITE MANAGEMENT PLAN EMERGENCY DECLARED CHAIRWOMAN MAC'KIE: building. MR. OCHS: Good afternoonl Madam Chairwoman. Members of the Board. For the recordl Leo Ochsl support services administrator. COMMISSIONER CONSTANTINE: Hi, Mr. Ochs. MR. OCHS: As the Chairwoman statedl to the construction of an office building in or Commerce to house your public works division offices that are now leased spaces. This project is part of Phase I of your long-range facilities master plan which the Board considered and approved in concept back in November of 1998. This particular project is being brought forward at this timel not only to address the growing need for office space in your public works division, but also in an attempt to accommodate the continuing request from the Sheriff's agency to relocate the occupants of his operations division, which are currently occupying the old courthouse, and which we commonly refer to as building A, into other temporary quarters. As you know, we have received several complaints from some of the occupants in that building over the last few months regarding the quality of the air in that building. Staff has worked closely with our indoor air quality consultant to remediate any problems that were foundl and we have continued to make improvements in that building. We had the consultant come in after the initial improvements were made, consult on that issue. He made a final report on January the 18th that concluded that the building is suitable for occupancYI and also, issued three or four additional recommendations which staff is pursuing to cost out right now and is planning to proceed with in that building. Based on that report I staff is recommending that the Board proceed with the facilities master plan and proceed with the construction of the new building as planned in the community development Horseshoe Drive area. Concurrent with that planning in RFP processl staff will be making the additional improvements recommended by the indoor air quality consultant to building A. And also, staff has developed a contingency plan to accommodate individual occupants of building A that may require some earlier relocation. And we would do that on a case-by-case basis. Essentially that would involve putting some modular office space on this main government center during the period of construction of the new facility. The estimated cost of the proposed 60,000 square foot facility, including the land design and construction, is approximately six million dollars. Financing would be provided through the Florida local government commercial paper program. Now, 8(D) (1), for construction of an office proceed to solicit for around the Collier and some other ancillary Page 83 February 9, 1999 We're looking at a 10-year repaYment schedule. A debt service would be charged through the rents charged the building tenants. Those rents would primarily take the form of user feesl since they would be occupied by your enterprise fund department. Staff has received, I should saYI at least three different expressions of interest in a potential RFP from developers who own property either in or around the Collier Park of Commerce at this time. In addition to the recommended approachl staff has also looked and evaluated two lease options that we had discussed previously with the Board. We have provided a handout to the Board earlier in the day that provides a cost comparison between those two lease options. You can see over a three-year period they're fairly close in terms of the cost. Staff continues to believe that the recommended option is the Board's best choice because it is a more cost effective solution, we believe, than the lease alternatives and, also, more importantly, creates a tangible asset with return on your investment. CHAIRWOMAN MAC'KIE: So you're now -- Luria's you're recommending against. I just want to get this in terms I understand. Luria's you're recommending against. You're recommending for a lease option construction, like we've seen from Arnold & ArnoldI but it has to go out to bid. MR. OCHS: Yes, ma'am. What we're recommending, which is a similar process we use to construct -- or the Board uses to construct a service center. That process took nine months, start to finish, with a turnkey approach. CHAIRWOMAN MAC'KIE: Comments from Board? COMMISSIONER CARTER: As I understand the recommendation is that if we take your recommendationl we build a building, we move one group oncel we own it. MR. OCHS: Correct. COMMISSIONER CARTER: And it meets our 20-year facilities plan. MR. OCHS: That's correct as well. CHAIRWOMAN MAC'KIE: The problem -- I'm sorry. COMMISSIONER CARTER: Then what we do is move the sheriff over to the public works area, and then as we go forward with our 20-year expansionl then he would be moved into it. MR. OCHS: Permanent facility. COMMISSIONER CARTER: Permanent compartment. My question is, will the sheriff be okay in this building for 10 months where they currently are, building A? MR. OCHS: They indicated that he was obviously anxious to move his staff out of that building. His initial estimate of our time frame to make improvements to the Luria's facility, which was our original short-term lease considerationl would be about 90 days, and that he polled the people in his office and they would be willing to wait an additional two months. So we're talking essentially they would be willing to wait five months to get into space that I believe they felt was more in meeting with their needs. Page 84 February 9, 1999 I guess what you may be considering then, commissioners, is the difference between perhaps the five months or more that it would take for this one leased facility to come up out of the ground versusl you know, 10 or 12 months that it would -- our estimate would be to build the facility that the Board would own and is consistent with your master plan. CHAIRWOMAN MAC'KIE: So I'm again going to sort of cut through the bottom line here. What I hear is that the sheriff negotiated with people in building A that those of you who are at a crisis will find some special place for you to go. But you've agreed -- you understand it's going to take three months to get us into the building. What if we waited five months to get you permanent space instead of Luria's retrofit? And apparently, the response was okay reluctantly. But we can go for five months, but that's a far cry from we can go 10 months. So I think it -- I don't think it would be fair to say that the Sheriff has said -- and I don't think he did say -- that the Sheriff has said that 10 months is okay. COMMISSIONER CONSTANTINE: Let me make sure I understand part of this. The suggestion is that the permits can be pulled, the building can be built and CO'dl 60,000 square feet in five months. Did I misunderstand any of that? MR. OCHS: There was a proposal brought forward from Arnold Development Companies to -- and he's here and I'm sure can speak for himself. But in a meeting that we had with Mr. Arnold and others from his firm, and the county administrator and myself and Mr. Camp, there was an indication that they could build a building in five months. That building is not currently standing. COMMISSIONER CONSTANTINE: If we had particular -- if that met our specifications exactly to what's required and we had particular financial incentives so that if it goes beyond that promised five months I there's penalties and the taxpayer benefitsl then that's much more livable. I'm just amazed to think we can do what you've laid out we need in such a short period of time. CHAIRWOMAN MAC'KIE: He's telling us it's going to take 10 months COMMISSIONER CONSTANTINE: Right. CHAIRWOMAN MAC'KIE: -- 10 or 12. COMMISSIONER CONSTANTINE: Right. I mean, you're not telling me that, but the Arnolds are telling me that. So I'm just amazed -- I'd love to hear from the Sheriff's Department to see what they're comfortable with. CHAIRWOMAN MAC'KIE: Are you finishedl Mr. Ochs? MR. OCHS: Yes. Only just in quick response to Commissioner Constantine. I think you made a good point. Part of the explanation that we've received on why the Arnold property could go up so quickly was the construction technique that they used was this tilt-up wall construction. We have not used that typically in our permanent construction standards, and I would be reluctant to commit to the Board that we would want to say yes to that just to gain the extra Page 85 February 9, 1999 couple months and find out at the end that it wasn't meeting our long-term standards for design and construction. CHAIRWOMAN MAC'KIE: But Leo, in fact if it works I it cuts the time in half, and if it meets our code, then it should be okay. And if it isn't okay, it shouldn't meet our code. MR. OCHS: I didn't say it didn't meet code. It may not meet the construction standards. CHAIRWOMAN MAC'KIE: But since it does meet code, then i~n't it adequate, or is our code not adequate? COMMISSIONER CONSTANTINE: Construction standards for this particular use may not necessarily be equivalent to code. They may be a higher -- CHAIRWOMAN MAC'KIE: They'd be higher than code? MR. OCHS: Right. MR. FERNANDEZ: Madam Chairwoman? COMMISSIONER CARTER: Also, in this discussionl I would like to get a health report on building A. CHAIRWOMAN MAC'KIE: Me, too. I'd like to understand what it is that the consultant indoor air specialist has recommended to solve the problem. MR. OCHS: Okay. You want to hear that nowl or do you -- CHAIRWOMAN MAC'KIE: What does the board want to hear next? Let's hear the -- COMMISSIONER CARTER: We need to hear both. It doesn't make any difference to me. CHAIRWOMAN MAC'KIE: Let's hear from the indoor air specialist what the improvements would be. MR. OCHS: I'd like to ask Mr. Camp to outline the specifics of that report for the Board. MR. CAMP: For the record, Skip Camp, your facilities management director. They found a number of items. The first thing that they recommended is that they clean and sanitize the existing HVAC system, the current air conditioning system. CHAIRWOMAN MAC'KIE: How do they do that? I meanl do they literally -- MR. CAMP: They literally go in there with a machine that cleans it, they sanitize it, and then they paint it with a product called Porter Set (phonetic) I which is an antimicrobial kind of a Latex coating, looks like white paint. And in factI we did that two years ago. CHAIRWOMAN MAC'KIE: Had they done that -- MR. CAMP: That was done immediately. That has been done twice nowl two years apart. The second thingl thoughl that we're following up on now is to manage the source, and the source is the humidity in the building. It was, you know, 30 or 40 years ago they had a different standard than they have today. In the last 18 months will manage that humidity. we've been looking at technologies that Despite the fact that it's 100 percent Page 86 February 91 1999 humidity outsidel can we still get 50 percent indoors, and for the last two years we found out that there is technology. We have utilized that technology. In fact, you're sitting in it today. And that was also part of the recommendation, was to utilize this relatively new technology that maintains a 50 percent RH relative humidity in the space consistent, and irregardless of what's going on outside. CHAIRWOMAN MAC'KIE: So is that happening there today? MR. CAMP: NOI that will take some engineering effect. And that is included in the price that we gave you. In factI the post-remediation work and the future remediation work is all included in there. It will bring in huge amounts of fresh airl but it will be dry, actually super dry, around 37 percent. And the space will be like this space, maintained at 45 percent. That means that molds and those kinds of things will not grow. CHAIRWOMAN MAC'KIE: How long will it take to get that in place? MR. CAMP: We're probably looking at 60 to 90 days, at the most. CHAIRWOMAN MAC'KIE: And then we're going to tear that building down? MR. CAMP: Eventually that's the recommendation, from all your consultants and staff. CHAIRWOMAN MAC'KIE: Well, we don't have much of a choice because we can't do anything, you know, faster than 60 to 90 days. COMMISSIONER CARTER: WeIll yeah, I would say regardless of the way we gOI because that's what we have to do. Even if you went five months at one building, or whatever you did, you still have to spend this money to decrease the humidity. CHAIRWOMAN MAC'KIE: Is there any way to make that happen faster? MR. CAMP: One thing that Leo mentioned that -- one of the things -- the reason for the demolition of building A is because the type of building. It was actually built in two different decades. The front of the building is actually sagging a little bit because it was put on footings versus precast columns. So it's just not a good structural facility to retain. That's the reason for it to be -- CHAIRWOMAN MAC'KIE: So is there any way to implement this new technology to manage the humidity faster than 30, 60 days? MR. CAMP: Yesl and that is with maybe short-circuiting the engineering consultant and go right to the technology. And we may be able to do that, because we -- as the ownerl we're much more -- we have a better appreciation of what we want and how to get it. We may not need to go through the engineers; we may in fact hire the engineer after the fact just to make sure that everything we've done was proper. But we have a lot of experience when it comes to managing humidity. COMMISSIONER CARTER: Yeahl how fast can we do that? Let's say we took the shortest possible route. What's the time line? MR. CAMP: Somewhere between, I would thinkl five and eight weeks. CHAIRWOMAN MAC'KIE: I'm real interested in the shortest possible route on managing the humidity. Page 87 February 9, 1999 MR. CAMP: Because these units are not on the shelf, we'd have to have them manufactured, but -- CHAIRWOMAN MAC'KIE: Okay. Is there any more questions on that? You want to hear from the public? We have speakers, I suspect? MR. FERNANDEZ: We have six speakers. The first two are Donald Arnold and Dean Arnold. COMMISSIONER CONSTANTINE: What an amazing coincidence. CHAIRWOMAN MAC'KIE: Thus Arnold & Arnold. MR. ARNOLD: Good afternoonl commissioners. For the record my name's Don Arnold, representing Arnold Development Companies. To just add a couple of items in talking about the type of constructionl the tilt-up form of construction is not new at all. The Titon Building up in North Naples was just builtl 70,000 square feet. We are in for permits for this building, and it's going to be 701000 square feet. What we've recommended doing is leasing the 501000 square feet on the first floor to the Sheriff's Office, giving the county the first right of refusal for leasing the second floorl 20,000 square feet for expansion. We've stated that we would make the lease term at any length that -- at the county's pleasurel with any renewals at the county's pleasure, and that if they wanted to get into the process of purchasing itl we would issue to the county a right of an option to purchase only after they have followed through with the RFP program or the FRP program, the bidding process -- so that they could qualify that as going through the bidding process and not going around anyone, giving anyone the opportunity to purchase. One of the reasons we can build it in five months, besides the processl what we are in for right now is our site development plan and our shell permit. We would do a shell permit. And with the expediency of the county helping us get the permit through, we would pull the permit, be building the shelll have the permit on the interior improvements. The interior improvements I unlike a lot of the methods, instead of framing up 50,000 square feet and having a framing inspectionl we would use a design process where we would be building in 50-foot increments within the building. And as the framing's done in a 4,000 square foot spacel we would have the county's inspections done on that. Then they would go on and frame the next 4/000 while our electricians and our plumbers would be working on the first 4/000; consequently, we can cut the time frame down by a lot. I've done it before, in this county and allover the country. To talk about your process of building the building for the county for public worksl I think it's probably a three-year process. You have to advertise for an architect, you have to come up with a committee to tell the architect what you want to build and so forth. Not that -- you know, I'd like for it to be faster I but I don't see how you can do it in 10 months. I mean, I don't see how you can you can -- I meanl that's -- I can't argue with that, but I can just tell you, I don't see how you can go through letting the bids for the Page 88 February 9, 1999 architect, the design and all that and still be done in 10 months. That's okay, I can't argue with that. We're here to perform, that's all I can offer. We would pay a penalty if we weren't done in time. CHAIRWOMAN MAC'KIE: I have a question for Mr. Fernandez. What Mr. Arnold describes about having an option to purchase -- or maybe it's Mr. Weigel. Is there some way that that can be structured to comply with the law on the bidding process? MR. WEIGEL: Well, yes, and that's why he is -- Mr. Arnold has stated it the way he did, is that an RFP would need to issuel we would respond to the RFPi hopefully the RFP would be structured so that it's not only for leasing but provides the option to purchase that way. We would have met the competitive selection solicitation process statutorily imposed and he'd still have the opportunity to lease and/or sell the building to us. CHAIRWOMAN MAC'KIE: And my other question is, what's the difference in size of this building and the one that you're proposingl Leo? Size. MR. OCHS: The footprint that we are proposing the Board build is 60,000 square feet total. Mr. Arnold is talking about 70,000 square feet. CHAIRWOMAN MAC'KIE: So why aren't these two ideas the samel except we're 10,000 square feet and a lot faster? MR. OCHS: Well, a couple of reasons. Number one, Mr. Weigel talked about it. My understanding in talking with our purchasing director and the county attorney's office -- and I guess I need to get some clarification from David. I thought I just heard him say that Mr. Arnold would still participate in the RFP process? MR. WEIGEL: Yes. CHAIRWOMAN MAC'KIE: Yes. MR. OCHS: Okay. WeIll if you're going to go out for an RFPI I don't know how you're saving any time over what we are proposing to the Board. CHAIRWOMAN MAC'KIE: See, what I understand is he's going to build the buildingl whether we're in the process or not. And then when we go out to bid for a building, he will bid his on the block, which somebody else will build to construct. And his will already be there. And when the bids are opened, it will be -- you know, he might lose. We might walk away from his building. But he's building it anyway, so he doesn't care. MR. ARNOLD: I'm saying to the county that they can move out, if they want to make -- if you can build your building in 10 months, I'll make it a 10-month lease. I don't think you can, but -- COMMISSIONER CONSTANTINE: Before anybody answers any of thatl and if that's the case and he's willing to do that, what are we discussing? If it's going to go on a proposal and he's willing to do that, why are we -- MR. ARNOLD: Excuse mel Commissioner. The reason we're discussing it is that if you just go to the FRP and not the leasel I'll go ahead and build this building and put it up for lease to Page 89 February 9, 1999 anyone that's out there. In the meantime, you've got the Sheriff's Office and everyone staying in building A for a two to three-year period. CHAIRWOMAN MAC'KIE: So basically what we're doing, what we're getting today would be the right to lease the building as soon as it's completed, and then you throw yourself into the mix of the RFP for whether or not, you know, this is the building that the county buys. MR. ARNOLD: Be happy to. CHAIRWOMAN MAC'KIE: Is that legal, Mr. Weigel? I mean, I don't understand why -- MR. WEIGEL: I think it is. And what I'm talking -- we want to be clear about it, but what I'm talking about is that we can't back door into a lease/purchase arrangement because the purchase requirement statutorily mean you have to go out in the marketplace in the solicitation -- COMMISSIONER CONSTANTINE: I have no problem with that. CHAIRWOMAN MAC'KIE: Mr. Arnold understands he's only getting a lease from us, and that if we get an option to purchase, it will come through the RFP process. COMMISSIONER CARTER: Can't we do that -- COMMISSIONER BERRY: But who's moving in here now? I under -- Mr. Ochs was talking about another department moving in there, and Mr. Arnold's talking about the Sheriff's Department. Now, who's moving in here? MR. OCHS: Well, yeah, that's my point. Your long-term facilities master plan has your public works division moving into a facility off-site in close proximity to your development services center. Under this scenario, if in fact we're talking about relocating the occupants of building A into a new facility in that area, we haven't addressed the public works division's need all at all. Also CHAIRWOMAN MAC'KIE: Then let public works move into this building and the Sheriff's folks will move into public works, it still solves the problem faster. MR. ARNOLD: Commissioner, if I may add one thing to this. We're talking about complying with the plan that was delivered to you in November. And I think in Phase I of that plan, you were to provide some space for the Sheriff's Office, and after 2002, in Phase II, you were to locate something for public works. I think the only reason for the staff coming up with this plan is because using public works, they have a finance method. using anyone other than public works, they have no finance method so they have no way to come and say they don't want to put the Sheriff's Office in. MR. OCHS: That's not true. Your Phase I does include an additional facility in the area that we're talking about -- CHAIRWOMAN MAC'KIE: For public works? MR. OCHS: -- and it always has. CHAIRWOMAN MAC'KIE: For public works? MR. OCHS: -- in Phase I. Page 90 February 9, 1999 We didn't specify the occupant at that time. We had considered public works as the primary occupant. CHAIRWOMAN MAC'KIE: Well, but that's what he just said, Leo. I mean, I think what he just said was the reason -- MR. OCHS: Well, you have another building in that area in Phase I of your long-range master plan, okay? MR. ARNOLD: I don't think -- CHAIRWOMAN MAC'KIE: So now we're still talking -- MR. ARNOLD: -- that's the problem any anyway. What I think you need to decide -- and I'll get out of it. But it's up to you to decide whether you want to do a facility for the Sheriff's Department, and we're just offering this to be available. COMMISSIONER CARTER: Before we leave this, can I ask just one question? Why we couldn't do this simultaneously, putting out this RFP, and doing this -- build the lease thing so you've got two pieces moving at the same time? CHAIRWOMAN MAC'KIE: We would be. COMMISSIONER CARTER: Is that illegal? CHAIRWOMAN MAC'KIE: Wouldn't we be doing that? During a lease is when the RFP process would begin. MR. WEIGEL: If that's the question, the answer is yes, you can do that. The leasing doesn't have the strictures. The county leasing property does not have the strictures of the county purchasing the property, statutorily. MR. OCHS: So what would the Board's intention be in terms of what commitments are you making for a lease at this point? CHAIRWOMAN MAC'KIE: I don't guess we are at this very moment. We're just looking at what the options are. why don't we go ahead with the speakers. MR. FERNANDEZ: Next speaker is Dean Arnold and then Tami Canger. MR. DEAN ARNOLD: Hello. CHAIRWOMAN MAC'KIE: Great tie. MR. DEAN ARNOLD: This is Dean Arnold, with -- beach tie -- with Arnold & Arnold. I wanted to go through a little bit of a proposal that we had come up with for the Sheriff's Department. I wanted you to know that we did not solicit the Sheriff's Department to become our tenant. The real estate department for the Collier County government came to us and asked for a building. And we didn't have one at the time. We had one earlier, but they couldn't move fast enough to get into that building before we leased it up. So we offered -- I was in the process of building a 50,400 square foot building. And the real estate department expressed interest in that, the Sheriff expressed interest in that. I worked with them and we worked on design for the building, and we came up with a letter of intent that was signed by your real estate department that you wanted to lease our 50,000 square foot building. At the time we decided we could go ahead and add an addition to that building, which is 20,000 feet, in case the Sheriff needed to expand. Page 91 February 9, 1999 We started that, and that letter was signed on September 2nd, 1998. And since then we basically have been hitting roadblocks along the way and speed bumps. And that's basically all I really needed to say. Thank you. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: Next speaker is Tami Canger and then Gary Young. MS. CANGER: Madam Chairwoman, commissioners, for the record, my name is Tami Canger and I'm representing myself. I'd like to take this time to inform you on health problems of people working in building A. I have seen my physician for the following: Acute chronic rhinitis, acute chronic sinusitis, persistent constant headaches, drainage, bloody noses and dry, itchy eyes, sensitivity to light, smells and sounds, a metallic blood taste in my mouth, sleepless nights, fatigue, et cetera. I even had to have sinus surgery. All this started after a year or so in building A. Before that I had no health problems or concerns. I see in the executive summary the indoor air quality consultant certified that building A is suitable for occupancy. This is not suitable -- to me this is not suitable for occupancy. I guess my problem is that I do not understand the political system. We have a very serious issue at hand that does not seem to be a concern for some of the county. The last 10 years plus, even before the Sheriff was relocated into the building, there were reports of mold and smells affecting people. To the best of my knowledge, it was not until 1995 that Pure Air came in to do testing. The 1997 report states that there were elevated levels of microorganisms in both the air and bulk samples. A concern for allergic distress does exist in association with the carpet. This would extend most likely to other non-porous surfaces. Dust mite antigen was elevated to a high. This represents a potential for hypersensitization and asthmatic response. An early response for this condition would be prudent. The level of dust mites that were found were between 17 and 30. This by Pure Air report shows a high count and is a risk for acute asthmatic attack. And that basically is anything over 10 on their level. The northeast air handling units contained over 9,500,000 total microorganisms. The southwest air handling units contained over 990,000 total microorganisms. It states also that studies to detect volatile organic compounds failed to demonstrate the existence of any BLC. However, the potential for periodic production will always exist. The 1989 test was limited, and the section I mentioned earlier was only partially tested. There were no tests done on air handling units. There were tests done on air handling units in different divisions which showed over 550,000. In this report it clearly states that this 550,000 is five times the threshold of the fungal growth. Page 92 February 9, 1999 My question is, why was the known section of the building showing over 9,500,000 and 990,000 not retested? There have been several workers' compo files -- compo claims filed. And I just received a copy of a letter sent to the county that they're going to pursue reimbursement. I have several pamphlets from EPA explaining the sick building syndrome and found it very upsetting to see the long-term effects that it can cause. Why this issue has not been addressed. We are talking about people's lives and health, and I think this is priority one. I think the logical solution at this point is to take Mr. Arnold's proposal seriously. This would be the quickest, most effective solution available at this time. I would suggest that each of you go into building A and see and smell for yourselves the working conditions that we have had to put up with over the past eight or nine years. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER CONSTANTINE: I just want to say I really appreciate that, because sometimes -- and I suppose this happens in business, too, but particularly in local government we seem to get hung up on what a study says or what some report tells us, as opposed to real people who actually are tolerating it. And whether that's -- we talked this morning about the smell at the landfill, and whether a report says it's down or not, people still wake up to it. And whether a report says, gee, there's something going on there or to what level it is, if you guys are getting sick, then it doesn't matter much what the report says. So I very much appreciate you coming and sharing that, because it's a little dose of real life thrown into the middle of this. CHAIRWOMAN MAC'KIE: And you were very polite. Because some of the stories that I've heard are horrific of people's experiences there with sinus problems. MS. CANGER: And it's been something you have to really see to understand it, so -- but thank you. MR. FERNANDEZ: Next speaker, Gary Young and then Barbara Jenkins. MR. YOUNG: Ms. Mac'Kie, Ms. Berry, gentlemen. My name is Gary Young, I'm the administrative assistant to the Sheriff. The Sheriff had a long-standing commitment that he had to honor, and he asked me to come over and relay some of his thoughts on this very important issue. First of all, this clean air report, it -- I think that it has to do a lot about how you interpret it. Now, I worked with this company when they came down and took the people around and cleaned it and took the doctors around that did the inspections and took the samples. And when he got done, he sent me an arcane report that I couldn't understand anything at all. And I said, "What does this mean?" And he said, "Well, we look essentially for passages that will kill people." He said, "Now, there's nothing in there that's going to kill you, but if you're one Page 93 February 9, 1999 of those poor souls that are allergic to spores, fungus, molds and all the other things that grow in abundance in Florida," he said, "life is going to be hell working in that building, and there's not a whole lot you can do about it." CHAIRWOMAN MAC'KIE: You won't die, you'll just wish you could. MR. YOUNG: That's right, you'll wish you were dead. And that's the story on the report, as best I can understand it. Incidentally, our workers' compo people have sent down yet another air quality person to look at it. I took him around the other day and we still await his opinion. I can say that when workers' comp., when I brought their representative through the building, he was there 30 minutes, his eyes started to tear up and he said, "I've got to leave." He said, "I'm one of these people that can't take it." I can't fault Mr. Camp. Mr. Camp has done everything that he can possibly do to clean this building. But it gets to a point where you can't do any more. It just happens. This is an old, antiquated building that the judges in their wisdom saw 10 years ago that they couldn't keep a jury stored in there long enough and they got out. The other part is, what would we prefer? The Sheriff did indeed have a meeting with his people that worked in that building, and 115 of them showed up. He presented the options that were available at the time, which were the two lease properties, Luria's and the Barnett -- which Barnett is not really available anYmore, all of it -- for three months, and then to move into Mr. Arnold's property in five months. And they did agree to five months. And this was with some reluctance, because they didn't want to stay there forever. And they don't want to stay there for 10 months and they don't want to stay there for 12 months, and even if it is built in that short period of time. We think that the Sheriff thinks that Mr. Arnold's proposal is the best one. When we were looking for properties to get, builders came by and said yes, we'll build you a property and lease it to you, but it was eight to 10 years. Mr. Arnold said I'll do it for three years or whatever you want. He's the only one that showed any interest. There were no rental properties. Your real property people looked everywhere for one that had enough square feet and enough parking, and they're just not out there. So that is -- that's what the Sheriff would like me to pass on to you. And I'm glad you have to make the decision and not me. Thank you. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: Next speaker is Barbara Jenkins and then Kara Krantz. CHAIRWOMAN MAC'KIE: She's got hands on everything today. MS. JENKINS: Twice in one day. I did not plan to speak until I read the executive summary. And once I read that, I felt like it made it appear that these sick complaints that have been received are something new. And they aren't Page 94 February 9, 1999 new. People have been complaining about being sick in building A since about the time we moved in. And from what I understand, the people who were there prior were making complaints. So I just wanted to try to set that record straight. I personally am not sick, but I do work with people who are sick, I've worked with people who have had to move down -- COMMISSIONER CONSTANTINE: That's because you've built up a tolerance living next door to the landfill. CHAIRWOMAN MAC'KIE: There you go. Hey, there's an advantage right there. MS. JENKINS: That's one. Anyways, but those people are -- I believe they're sick. They have doctor bills to prove it, they have sYmptoms to prove it. So I just -- my only complaint personally working in that building is I've within the last five or six months got contacts. I can hardly wear them in that building. And I don't know if it's because of the hydrators that they've put in there or if it's something else. I'm fine outside of that building, but the minute I go in it, a lot of times I have to take them out. Whatever theY're doing to correct the situation sometimes seems to make it worse. I know they talked about cleaning the air conditioning system and that they've done it twice. Both times people have been unable to -- had to leave and take a few sick days before they could come back into that building and work. They've had headaches, sinus, eye problems. So I just wanted to bring that up and say that building has no fire alarms. As far as I'm aware, I don't think there are fire alarms in that building. They just put in a new -- they reconstructed a bathroom and made it handicapped friendly. And someone who's handicapped told me that it's not even up to code now. So I don't know why we're doing that if we're even considering moving out of that building. But it's just a couple of issues maybe you want to look at. Fire codes might be another one, because I know Barbara Berry went into the section where I work. And I don't know if she took a tour of the whole building, but we're so packed in there, that I don't -- I would suspect we are not meeting the fire code in that building currently. And some of the people have been moved out that have had problems. Their doctors have recommended that they not be in that building anYmore. COMMISSIONER NORRIS: Ms. Jenkins, you know, I believe we all understand there's a problem over at the building. Do you have a solution in mind for us? MS. JENKINS: Really, I don't. I hope that either you consider going into a new facility by Arnold & Arnold or lease a facility like you looked at. But my point is I really think we need to get out of there. That's all really I have to say. COMMISSIONER NORRIS: Thank you. MS. JENKINS: Thank you. Page 95 February 9, 1999 CHAIRWOMAN MAC'KIE: Is that correct about no fire alarms in that building? MR. FERNANDEZ: Mr. Camp? MR. CAMP: It does not have a monitored fire alarm system that is in your proposal. It's relatively inexpensive. There's smoke detection and that kind of -- but not a monitored fire alarm system. It's a $15,000 deal, expense, and it's part of that proposal. MR. FERNANDEZ: Final speaker is Kara Krantz. MS. KRANTZ: Good afternoon, commissioners. My name is Kara Krantz, for the record. I also work in building A. And I was not going to speak until I read -- also read the executive summary and became quite angry that the executive summary made it appear that we were willing to stay in that building. We did meet with the Sheriff, and three months -- we were looking at three months to go into Luria's and the Barnett Bank building, and we were willing to wait an extra two months to get us into a brand new facility. So we agreed basically that we were willing to wait five months and that was it. We really don't want to be in there another day. All of us have been quite sick. I've had numerous health problems myself that I won't go into. I just wanted to make it clear that we were not willing to wait or stay in that building any longer than what we have been. And as far as humidity and the things that they've been trying to do to fix the building, humidity is only one problem in the building. And as Barbara Jenkins said, it seems that when they do come in to try to fix problems, that things often get worse. And I don't know if it's because of the paints that they are spraying over the molds to try to keep the mold from expanding or growing more, but it seems that my problems sometimes will become worse when they come in and the companies come in and try to fix things. So I would urge you to please, to get us out as quickly as possible. Thank you for your time. CHAIRWOMAN MAC'KIE: Thank you. So anything decisions by the Board? COMMISSIONER CONSTANTINE: Quick question for Mr. Ochs. Does it appear that the Arnold and -- and I understand if we're looking at long-term use we're going to buy the building or have a building built. I understand the requirements for bidding and so on. But setting that aside just for the moment, does it appear that the proposal by Arnold & Arnold is more expensive than what is normal and expected in this community? MR. OCHS: More expensive? No. COMMISSIONER CONSTANTINE: I'm just CHAIRWOMAN MAC'KIE: Significantly less. COMMISSIONER CONSTANTINE: -- just looking at this, if we were Art Allen sitting here trying to figure out how he's going to take care of his employees, what's the down side to doing what's been laid out? Page 96 February 9, 1999 MR. OCHS: Only that you need to remember, there is no facility in the Arnold proposal for a minimum of five months to put anybody into. So the real decision -- if you want to move people out as quickly as you can, the only improved space that we have that the Sheriff has accepted is an existing office building in the Collier Commerce Park that's only about 10,000 of the 32,000 square feet that we originally were looking at, combining that site with the Luria's facility. Luria's would take us 90 days to get ready. So if you're asking me what's the most expeditious solution to removing people out of building A, that, frankly, would be the fastest way. But it's not -- in terms of your long-term expenses, it's not your best option. CHAIRWOMAN MAC'KIE: And it's money to throwaway. MR. OCHS: And the Sheriff obviously would prefer to be in one building instead of two. And I'd certainly understand that from an operational standpoint. But again, it depends what your preference is. If you want to get people out and that's your first and foremost priority, the fastest way to do that is to go with the Luria's/Barnett option that we talked about originally. If you want to wait an additional 60 days or more, then Mr. Arnold tells you he can build you a building and lease it to you. If you want to wait for that and go out for an RFP for construction of a permanent facility for your public works division, you can certainly do that and perhaps enter into a month-to-month lease with Mr. Arnold, if he'll agree to that, or a one-year lease with Mr. Arnold, if he'll agree to that. Again, I'm just trying to layout the options for the Board. And as you all know, a one-year lease, the cost of a one-year lease in the 50,000 square feet that Mr. Arnold is proposing, is $730,000. That's your annual lease cost, one year. Your debt service on the building that we're proposing that you build and own on an annual basis is about $720,000. CHAIRWOMAN MAC'KIE: And how much would we spend to outfit Luria's so that we could lease it? I mean, what -- MR. OCHS: The cost of those improvements are expensive, Commissioner; probably about 6 to $700,000 to make all the improvements required in the Luria's building. COMMISSIONER CONSTANTINE: And there's also a cost just in productivity as far as moving twice instead of once. CHAIRWOMAN MAC'KIE: We need to throw those improvements away. We don't -- MR. OCHS: Frankly, you would have that in any lease option, including the Arnold facility. If it were to be built and you move the Sheriff in there five or six months until the public works facility is ready, then you can move the Sheriff's people back onto this campus in the space that the public works occupants vacated, you'd be moving the Sheriff's people twice. CHAIRWOMAN MAC'KIE: But why is it so important to move public works from where they are? Page 97 February 9, 1999 COMMISSIONER CARTER: Well, what would happen if you built the building at 60,000 square feet, it was leased from Arnold & Arnold, you put the public works in there, move the Sheriff over to the public works area, and then we threw the RFP process. I guess we're at risk, but we could buy the building. I mean, it seems like it's up, it's done, public works is -- has a home, we own it. COMMISSIONER NORRIS: Well, and Commissioner Carter, there's another benefit, too, is that we heard some skepticism about the quality of the building. That would give us a chance to have a firsthand look at the building as well before we decide that that was a legitimate choice under our RFP process. COMMISSIONER CONSTANTINE: As these questions are floated, I see you looking -- I'd love to hear your response there, because I see some concern. MR. OCHS: I have no objection to that from an operational or financial standpoint. My only concern is that I've been told again by the Attorney's Office that if we're talking about essentially a lease/purchase scenario, then that requires -- CHAIRWOMAN MAC'KIE: We're not. COMMISSIONER NORRIS: That's not what we're talking about. CHAIRWOMAN MAC'KIE: We're talking about a lease. MR. OCHS: I just want to lease the building. CHAIRWOMAN MAC'KIE: And then purchase if they win the RFP. MR. OCHS: Okay. The only risk that Mr. Arnold assumes -- CHAIRWOMAN MAC'KIE: That's his. MR. OCHS: -- is that if the specifications that we use in our RFP exceed what he builds, it would be difficult to recommend to the Board that we would, but again, that's just a risk that he seems to be willing to assume. And I'm not precluding that at all. CHAIRWOMAN MAC'KIE: I'm going to just express a whole lot of frustration about this. I don't understand what we gained in the two-week delay from looking at this that we couldn't have known two weeks ago when we wanted to hear this. COMMISSIONER NORRIS: It wasn't on the agenda. It's a public petition. CHAIRWOMAN MAC'KIE: I'm sorry, but it was stated on the meeting before by our county administrator that it would be heard on the 26th. COMMISSIONER CONSTANTINE: Maybe Bob can answer your question. CHAIRWOMAN MAC'KIE: And then it didn't show up on the 26th. And I don't know why we had to wait two weeks, because I'm exactly where I was four weeks ago, which is ready to do exactly this proposal. What did we get out of the delay? MR. FERNANDEZ: At the time we indicated that we had just received a new facet to Mr. Arnold's proposal that indicated that he could build the building in five months. That was a new piece of information that my staff indicated they needed the opportunity to evaluate that and to put together the kind of information that you have today, to consider the options that you have. CHAIRWOMAN MAC'KIE: Bob, I can only tell you, you need to look into that, because that was not a new piece of information to the Page 98 February 9, 1999 whole world. It might have been -- you know, to anybody who was paying attention, that was not a new piece of information. MR. OCHS: Commissioner, I'm sorry, if I might, there's two other things that came to light at that period of time. One was the final report from your indoor air quality consultant. That came out the 18th of January. And then two days later you got a letter from the Sheriff staying that instead of moving people immediately out of building A, he would be willing to wait five months to move people out of building A. Based on that, you have a long-range master plan. We thought -- at least I did from a staff perspective -- I needed to layout the options of ownership and the cost of ownership to you as opposed to simply the lease options, which are, as you know, an expense with no return. And you essentially have a five-month increment of time that's being debated here between ownership of a building and a straight lease. CHAIRWOMAN MAC'KIE: Well, I'm still just disappointed to think this has been too complicated. But I'll hush about it. COMMISSIONER CARTER: Can we come back to what I'm suggesting is we go 60,000 square feet and we lease it and move public works in there, move the Sheriff over into where public works is and do the RFP, and if this building meets the specs, we buy it and it becomes public growth management plan. If it doesn't -- COMMISSIONER CONSTANTINE: What's our public works guy have to say about that? CHAIRWOMAN MAC'KIE: How do you feel about that, Mr. Ilschner? Don't be coming up changing the deal now, Mr. Arnold. MR. ARNOLD: I just wanted to clarify, our building, base building, is 54,400 feet is the design the Sheriff's Office has gone for. The whole building will be 70. But if we were talking about doing a lease today, it would be 50,000 -- any amount. You can name any size you want is what I want to tell you. CHAIRWOMAN MAC'KIE: Up to? MR. ARNOLD: Up to 70,000. CHAIRWOMAN MAC'KIE: Up to 70. MR. ARNOLD: You name what you want. CHAIRWOMAN MAC'KIE: So what does public works need? MR. OCHS: 60,000. MR. ILSCHNER: 60,000. CHAIRWOMAN MAC'KIE: So if we need 60,000, we can have 60? MR. ARNOLD: I'm going to build 70. COMMISSIONER CONSTANTINE: Is there a problem? Commissioner Carter had just made a discussion to avoid moving everybody at odd intervals, but that obviously impacts public works. Is there -- is that good, is that bad, is that indifferent? MR. ILSCHNER: Well we've had a need for space -- CHAIRWOMAN MAC'KIE: You've got to get on the record, don't you, Mr. Ilschner? MR. ILSCHNER: Ed Ilschner, public works administrator. Page 99 February 9, 1999 We have a need now for moving our transportation people into additional space. They're very, very cramped. We're cramped where we are presently. So there is a need for space as soon as we can acquire space -- CHAIRWOMAN MAC'KIE: It seems to me -- MR. ILSCHNER: -- if that's your question. COMMISSIONER CONSTANTINE: So if you were to go in five months? CHAIRWOMAN MAC'KIE: Can you be ready? MR. ILSCHNER: We can certainly be ready in five months, yes, ma'am. CHAIRWOMAN MAC'KIE: Is there -- COMMISSIONER BERRY: I have a question. CHAIRWOMAN MAC'KIE: Yes, ma'am. COMMISSIONER BERRY: Excuse me, Commissioner, I'm sorry. But it's just -- because this building, as we've all seen, has been -- the interior has been designed for the Sheriff's Department. What happens now when we say okay, we're going to do this for public works? Now, what is in there for the Sheriff's Department may not be what Mr. Ilschner needs for public works. Now-- CHAIRWOMAN MAC'KIE: So why does public -- COMMISSIONER BERRY: -- how does that work? CHAIRWOMAN MAC'KIE: Why does public works have to be the entity to go there, Leo? That's back to you. Why are -- COMMISSIONER BERRY: Because it goes back to the Growth Management Plan. MR. OCHS: It goes back to your space planning. COMMISSIONER BERRY: Or space planning. MR. OCHS: Again, the plan for permanent space for the Sheriff's operations and administrative personnel, as you all know, is the expansion to the Naples jail. And that's -- COMMISSIONER BERRY: It's here. MR. OCHS: -- in the first phase of your master plan. If you're going to build what amounts to brand new permanent space for the administration and operations of the Sheriff's agency and locate it over there, that's certainly your prerogative. But it's not consistent, and that's all I'm trying to point out, it's not consistent with the plan that you approved 90 days ago in concept. COMMISSIONER NORRIS: Well, I don't see why we have to -- you know, I think probably Mr. Arnold and the Sheriff that got together and decided they were going to put the Sheriff over there. I don't see why we have to go along with that at all. If it works better for us to put public works over there, then lets put public works over there and the Sheriff can move -- stay here on campus. COMMISSIONER CARTER: I just think we're backing into our space management plan. It's a little different direction to do it, but we're going to end up getting there. MR. ARNOLD: Well, what happens, if I may interrupt, is you've failed to take care of the needs of removing your -- and it doesn't make any difference to me if you lease the building from me, but you do not address the needs to the people in building A, because if you Page 100 February 9, 1999 have to -- if you move public works into my building, then you have to remodel for the Sheriff's Office to move into public works which is, believe me, at least another three to five months down the line. And it creates a problem. I don't care. MR. OCHS: Again, we're not talking about improvements that we would make to Luria's. That's primarily modular furnishes that can be rearranged in very short order. I don't think it would take near 90, 120 days to get the Sheriff moved out of building A and into the spaces vacated by public works. CHAIRWOMAN MAC'KIE: Since we've at least gone this far, let's say that we would like to have the option to lease up to 60,000 feet of Mr. Arnold's building, which if it's not going to be built in five months, we're going to pay him less rent or some financial incentive. MR. ARNOLD: It's five months until the time you design the lease. Like I do with the Sheriff's Office. CHAIRWOMAN MAC'KIE: Okay. And so the question then becomes who's going to occupy that building? Is it going to be public works or is it going to be Sheriff? And instead of us making this up as we sit here, why don't we let our staff go look at and let the Sheriff's Office look at what's the interior configuration of the property where public works is currently located and see how difficult it would be to fit it out for the Sheriff's use. MR. YOUNG: We have -- CHAIRWOMAN MAC'KIE: Unless you already know. MR. YOUNG: We worked -- it took us about two months to design the interior of that building. We were given a footprint of it to work back and forth. Now, Mr. Arnold is going to have to have that time added on to the five months to redesign it, because certainly they're not going to be able to move into what we had was an interrogation room and things like that. It won't fit their needs. CHAIRWOMAN MAC'KIE: I don't know, some of the developers in town might tell you interrogation -- COMMISSIONER NORRIS: Well, let's just try to stay on track. MR. YOUNG: The other thing is, I've looked at this -- this space study has been kicking around here since March or April. And I've looked at those phases and the number one thing in there says build the Sheriff a two-story building. They have it broken down so that even I can understand it. Phase I, I can't see -- Phase II, demolish building A. I cannot find anywhere in Phase I where it says anything about public works having a pressing need. Not that they may and that it's not in there. I can find it in Phase II, which is 2002 to 2007. CHAIRWOMAN MAC'KIE: So Leo, what is that then? I mean, he just said Phase I of the plan shows demolition of building A, build a two-story building for the Sheriff. Phase II of the building plan says public works. So I mean, this just seems overly complicated. MR. CAMP: It doesn't have to be. For the record, Skip Camp again, your facilities management director. They're talking about gross bulk square feet. And in your executive summary that you saw in November, it showed an additional Page 101 February 9, 1999 building on Horseshoe Drive in Phase I. The Sheriff is also in Phase I. So they're not incompatible with each other. They're both being looked at in Phase I, both the Sheriff and an additional building on Horseshoe Drive. CHAIRWOMAN MAC'KIE: Commissioner? COMMISSIONER CONSTANTINE: Can I just, as long as you and Leo are at that podium and you're here, what you'd like to see is we go ahead and sign a lease with Mr. Arnold, you all can move as soon as the building's up into that building? MR. YOUNG: Yes, sir, that's the best possible thing that could happen to us right now. COMMISSIONER CONSTANTINE: Thank you. Your recommendation is what, Leo, and why? MR. OCHS: Is that you -- COMMISSIONER CONSTANTINE: 60 seconds or less. MR. OCHS: You build a building that you own that's an asset for you, move your public works division in there, as planned in your master plan, and then relocate the occupants of building A into the space vacated by your public works staff here on the government center. COMMISSIONER CONSTANTINE: with them from building A? MR. OCHS: Yeah, we continue with the improvements recommended in the consultant's report. Again, Commissioner, you don't have anywhere to put them right now, because Mr. Arnold does not have a building. COMMISSIONER CONSTANTINE: I understand. CHAIRWOMAN MAC'KIE: But we'll have a place soon, MR. OCHS: Okay, the only other thing I wanted to the Board is that there are other developer owners out interested in making lease proposals to the Board, and expression of interest. CHAIRWOMAN MAC'KIE: to lease. MR. OCHS: They can't find one 50,000 square foot facility. CHAIRWOMAN MAC'KIE: Exactly. MR. OCHS: If that's the requirement of the Board, then fine. COMMISSIONER CONSTANTINE: If I could just continue on. I have nothing but the utmost respect for you and for our real property people. However, I think we're making this overly complicated today. And perhaps that's us five making it over complicated and not you. But it seems like the most productive thing would be to have all those folks under one roof with the possibility of them being at that facility for -- or the county being at that facility for some extended period of time. So I'm going to -- if there's no other public speakers, I'm going to -- MR. FERNANDEZ: You do have one. COMMISSIONER CONSTANTINE: -- make a motion -- was that turned in at the beginning? CHAIRWOMAN MAC'KIE: No, actually it's late, so -- Page 102 And in the meantime, do we do anything Leo. mentioned to there that are we've had that Real property couldn't find any other space February 9, 1999 COMMISSIONER CONSTANTINE: I'm going to make a motion that we go ahead and move forward with the lease for whatever the appropriate square footage is, whether that's 50,000 square feet for the -- MR. ARNOLD: 50,400. COMMISSIONER CONSTANTINE: 50,400 square feet of that property and take care of the folks over in building A and get them moved out of there in the short frame, that we include in that some money incentives so that if for some reason it's not done on -- at the end of five months then that is taken care of, financially speaking is taken care of and you pay a penalty for not being able to meet the schedule you've laid out. MR. ARNOLD: Well, only one request would be added to the motion would be the assistance of the development services for building permits and expediting permits. CHAIRWOMAN MAC'KIE: Fast-track permitting. COMMISSIONER CONSTANTINE: Absolutely. And then concurrently, I think we should look at, you know, the other issues as far as what your needs are going to be, and if that requires the space we're going to use temporarily, plus another 10,000 or whatever it is, that's great. And I wondered if in that lease agreement we might look at including an option so that if we do chose that building to purchase or to have a longer term, there is some financial incentive to do that. CHAIRWOMAN MAC'KIE: Can't do that because MR. ARNOLD: After the FRP is -- COMMISSIONER CONSTANTINE: I mean, if it's a request for proposal, you have the opportunity to put that in as part of your proposal, which is certainly an incentive to the county. It's not something we can necessarily require on the front end. But I would think that would go a long way toward making that an attractive property. COMMISSIONER NORRIS: You're saying -- let me make sure I'm clear. You're saying take the lease from the building that's ready to move the Sheriff's people into? COMMISSIONER CONSTANTINE: Yeah. CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER NORRIS: Well, what are you going to do with them when you're ready to move the public works people in there? Then where do the Sheriff's people go? COMMISSIONER CONSTANTINE: To the new building A. COMMISSIONER NORRIS: Huh? COMMISSIONER CONSTANTINE: To the new and improved building A, which probably won't be called that then. COMMISSIONER NORRIS: So for the next five years public works is going to be where they are? CHAIRWOMAN MAC'KIE: Maybe they'll lease 10,000 feet of this building, because that's their immediate transportation. Page 103 February 9, 1999 COMMISSIONER BERRY: You're going to split their department? Mr. Ilschner just said he needed 60,000. He's going to get 10? You're going to put him 10 there and 50 somewhere else? CHAIRWOMAN MAC'KIE: I say yes, because we have to address the building A crisis. COMMISSIONER BERRY: Commissioner, nobody is denying you got a problem there. COMMISSIONER CONSTANTINE: Can I respond to that, Pam? I understand your concern, Commissioner Berry, and I guess for me it boils down to we've got to make a choice here, and I don't like the idea of splitting them. However, there are two factors why I prefer doing what I've laid out. One is building -- the folks in public works aren't getting sick by being where they are, and these folks are. So we need to move them. The second is a lot of what the Sheriff is doing over there, my understanding, is of a sensitive nature. And I would rather have those people together. A lot of the information in public works, while I'm sure it's easier if they're all together, can be transferred via E-mail, via fax, via computer, so that if we're split up on a temporary basis, that's probably less sensitive than the Sheriff's Department. I don't like it, but of the two, I like it better. COMMISSIONER BERRY: Well, it seems to me if this building -- and I -- Mr. Arnold's showed me the plans and the interior plans and so forth that apparently had been worked on with Mr. Young, or whoever worked on it. It seems to me that this commission today is making the decision that this is going to be the location of those people in the Sheriff's Department. And it seems absolutely senseless to move them in there, into this brand new building, and then turn around in "X" number of years when we go forward down here and move them back down here again. This doesn't make any sense. It's either that's going to be their location and let's say we're going forward with that and that's going to be it. CHAIRWOMAN MAC'KIE: But we can't say -- COMMISSIONER CONSTANTINE: And make this green space in the middle of the campus? COMMISSIONER BERRY: No, I don't care what you do with it. But it just doesn't make any sense to do there and then say okay, when we get tired of that, we can move them back down here again and we'll put somebody else in there. That doesn't make any sense. And you've sidestepped the RFP process. COMMISSIONER NORRIS: But that doesn't meet our plan requirement COMMISSIONER BERRY: No, COMMISSIONER NORRIS: correct? MR. OCHS: Your long-range plan in your first phase, permanent location of Sheriff's administration. and operations staff is to be at building J, in an expanded building J, adjacent to your expanded jail facility here at the government center. And I believe the Sheriff has consistently maintained that that's his ultimate objective. Page 104 it doesn't. moving the Sheriff out there; is that February 9, 1999 CHAIRWOMAN MAC'KIE: And when do we expect to have building J complete? MR. OCHS: It's in your five-year Phase I. That depends on financing, and something we didn't talk about in terms of the general fund impact of the lease proposal. The only other point I want to make, and I won't belabor this, is the current square footage of building A is about 23,000 usable square feet. So if we're going to lease 50,000 for the Sheriff, we're obviously looking to take care of some additional needs there and some expansion. So again, I think it just again goes back to Commissioner Berry's point, not that that's a bad idea operationally, but to do all that, then move them back out in five months or whenever the public works building would be ready -- COMMISSIONER BERRY: You're designing a building to their specifications. Any way you want to look at it, that's exactly what's taken place here. Now, you either bite the bullet and say okay, this is what we're going to do, this is where the Sheriff's Department's going to go, it's going to house this group of people over there, you're going to have the jail eventually. Long range, you've got to look ahead. The jail's going to be down here, this other group of people's going to be over here. Is that what you want, and is that in the best interest of the county? And I'm just -- and all I'm saying is that I understand the building A problem. I did go over there and yeah, it stinks. But, you know, it stinks for a lot of reasons. Probably the best thing you could do is take a hammer and knock out every window over there and you might get some fresh air in there. But that still is a concern about the way we're going about doing this. I don't think we're doing it the right way. And I've got nothing against what Don has proposed here, but it seems like we have got this thing all messed up with health conditions in building A, we've got a building designed by the Sheriff's Department, working with Mr. Arnold, and yet it's not all meshed into our growth -- into our space management plan. MR. ARNOLD: If I may interject, Ms. Berry? COMMISSIONER BERRY: And I have a concern about that. COMMISSIONER NORRIS: Come on, Mr. Arnold, let us deliberate, would you please? MR. ARNOLD: I wanted to -- some important information I thought COMMISSIONER NORRIS: You've talked more than your time. MR. ARNOLD: Okay. COMMISSIONER NORRIS: Jesus. COMMISSIONER BERRY: I just don't like the way we're backing into this. And I'm not saying that the building isn't a good idea, but I just -- I don't like the way we're approaching this. We're coming through this through the back door and I don't like this. COMMISSIONER CONSTANTINE: I did make a motion. I don't hear a second floating around, and I'm just wondering what an alternative would be if there is no second. Page 105 February 9, 1999 COMMISSIONER NORRIS: Well, let me just say that I -- in order to stay consistent with our space management plan, and recognizing the fact that building A has been a problem for many, many years, I think it's not going to be the efficient way to do it, to move the Sheriff out there knowing that in a short -- fairly short period of time we're going to move him somewhere else. And in the meantime, we've constructed a specially designed interior for him. That's just not what we should be doing. At the same time, public works department wants to be moved out near development services so that they can better coordinate their efforts. And so, you know, why make all the shuffling around -- COMMISSIONER CONSTANTINE: What would you suggest? COMMISSIONER NORRIS: -- just to save a couple of months? CHAIRWOMAN MAC'KIE: Because people are sick. COMMISSIONER NORRIS: Well, they've been sick for 10 years. COMMISSIONER CONSTANTINE: What would you suggest? I keep hearing what -- COMMISSIONER NORRIS: So it just happened this last few months, is that correct? Is that what you're saying? COMMISSIONER CONSTANTINE: Commissioner Norris, I -- COMMISSIONER NORRIS: No, it didn't. COMMISSIONER CONSTANTINE: -- hear what you do not like. Tell me what you are suggesting we do. COMMISSIONER NORRIS: What I suggest is that we go ahead with the lease of Mr. Arnold's building and that we move public works over there, put the Sheriff in the public works department. That leaves all the Sheriff's Department right here on campus where they belong. CHAIRWOMAN MAC'KIE: Except it adds two or three months to the process because of the interior design issues. COMMISSIONER NORRIS: Well, that's the price you have to pay to make it efficient. COMMISSIONER CARTER: Well, let me ask this -- CHAIRWOMAN MAC'KIE: It's too high. COMMISSIONER CARTER: -- is there any way to fast-track interior design into where public works is, that's part of it. The second thing that's here that I'm hearing is that we have to do something with A right now in a manner -- if we do this one month from now or 10 months from now, A has got a budget where we are doing things to improve that building to make it as healthy as possible. Now, somebody please explain to me that if we're not doing that, we've got a problem. But if we are doing that, then whether in their two months, six months or eight months, it seems to me that we've done anything we can with that building, that any of us could live in that building. You could move the commissioners over there and we'd live in that building. CHAIRWOMAN MAC'KIE: There's an idea. COMMISSIONER NORRIS: Good idea. COMMISSIONER CARTER: So I'm back to what Commissioner Norris is saying, can we fast-track the design of the public works area for the Sheriff so we move him here and keep him on campus? Can we take the Page 106 February 9, 1999 50, 60,000 feet and move public works down there and instead that we stay with our growth management or with our facilities management plan? Is there you know, the building down them again. MR. OCHS: exactly that. COMMISSIONER CARTER: Well, but the issues, here, can we fast-track the redesign of the public works building to take the Sheriff quickly if we can get this other building done in five months and move public works? MR. OCHS: Yes, Commissioner, weeks, maybe six weeks. Depending get for it. Again, it's temporary facility is constructed, but -- COMMISSIONER NORRIS: And don't forget, a lot of this can be done concurrently. I mean, you're not saying do one and then you start on the other and then you start on the other. COMMISSIONER CARTER: The current plan that takes all the pieces and the people who are adversely affected by being in A, we get them out of these, if there's some temporary housing for them. And I empathize with that. And the people who have spoken about that, I really can empathize with that. And I don't want them in there. But at the same time, I'm not sure if we've got a small percentage of people to deal with we have to change the whole facility site plan to accommodate that. MR. FERNANDEZ: Madam Chairwoman. CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: We're back to our staff recommendation. Our staff recommendation took into consideration the most immediate means to get the most critically ill employees out of that building and provide temporary space for them. It provides a competitive process for us to ensure that we're getting the best approach. It also provides a funding source, which is something that Mr. Ochs mentioned but didn't dwell on, and that is the funding approach utilizing an existing funding source to construct the building. COMMISSIONER CONSTANTINE: with all due respect, that may be where you are, but that's not -- I'm not back at staff recommendation. I think your recommendation is a good one. What I'd like to hear from the Sheriff's Department is what type of changes would you have to see in that public works building? Because if it's a matter of five months and two weeks, then we can probably live with that if we can actually do it. But if it's a matter of another three to four months, then we've got a problem. So what kind of changes? Because it sounds as though some of those can be done while public works is still actually up there. But I don't know what it is we're looking for, for retrofit. some way that we can work all these pieces? Because other thing that bothers me a great deal, to build a here, we've got to turn around and we've got to move I believe that's what we're proposing, that we do I believe we can. Probably four how elaborate the Sheriff wants to office space until its permanent Page 107 February 9, 1999 CHAIRWOMAN MAC'KIE: And keep in mind, though, that Mr. Arnold's five months to start the dominoes falling doesn't start until we have the public works' internal floor plan design. So -- okay? MR. YOUNG: Is it D, Leo, is that the name of the building over here? CHAIRWOMAN MAC'KIE: Where public works is? MR. YOUNG: Yeah. MR. OCHS: There's two facilities essentially that would be available. All of building D, which is the one-story building next to your snack bar area. Then the third floor of your health and human services building, referred to as building H, out on the corner of your campus. MR. YOUNG: Okay, building D is made out of what I call modular walls. They're all bolted together, you take them down and move them. These could be moved around pretty easily. Then you have to worry about the data lines, you have to check what you have and those things and put them in. The longest time to renovate, presuming that the there now can't be used for our purposes, would be in there. And quite frankly, I haven't looked at it. I they have. CHAIRWOMAN MAC'KIE: offices that are building Hover don't know what But it might not be terribly complicated to get MR. YOUNG: It might not be. COMMISSIONER CONSTANTINE: And that's what -- MR. YOUNG: I'd like to make one more proposal, after I sneaked up here again. COMMISSIONER CONSTANTINE: Can you hang on, though, just a second? I didn't get an answer to my question. What are the things that you'd have to retrofit? I mean, are we putting led in the walls, are we -- MR. YOUNG: No. COMMISSIONER CONSTANTINE: -- putting computer lines in? What is it we're doing? MR. YOUNG: No, no, we don't do anything like that. We -- some of our operations require big open areas, like where the detectives work, and they're fitted with work stations. And you could fit those in like building D over here just by taking down a lot of walls. That's not the problem. You could -- well, let me put it this way: You could remodel these two buildings much, much quicker and at a portion of the price than you could Luria's and this other outfit up there. CHAIRWOMAN MAC'KIE: That's a good one. There you go. MR. YOUNG: Could I mention one other thing? CHAIRWOMAN MAC'KIE: Yes, sir. MR. YOUNG: If they could build a building or we can build a building in 10 months, why don't we take the number one -- and we're not going to take Mr. Arnold's building -- why don't we take the number one recommendation off this space plan that says build the Sheriff a two-story building and attach to building J? Page 108 February 9, 1999 We've already hired the builder, it's Kraft Construction, we've hired the design team, which is the V Group. We're going to build permanent space and only move people once, why don't we build that building? CHAIRWOMAN MAC'KIE: Because you'll have to stay in the building you're in until that's done, and that will be about a year. MR. YOUNG: Well, it's only going to be 10 months, though. CHAIRWOMAN MAC'KIE: Oh, bull. COMMISSIONER NORRIS: Well, these people don't like that. said it would be a couple extra months, they raised hell about COMMISSIONER BERRY: They don't want it. They're shaking heads. CHAIRWOMAN MR. OCHS: CHAIRWOMAN MR. OCHS: different. COMMISSIONER CONSTANTINE: a suggestion? CHAIRWOMAN MAC'KIE: I think I have means adding a month to the process. If redesign the interior of building D, and third floor of building H, if you can do you can have that redesign plan ready in MR. OCHS: Yes. CHAIRWOMAN MAC'KIE: MR. YOUNG: Yes. CHAIRWOMAN MAC'KIE: Then we have Mr. Arnold build his building. Can we have the interior design for his building reconfigured for public works within a month? COMMISSIONER NORRIS: Yes. CHAIRWOMAN MAC'KIE: Mr. Ilschner? MR. ARNOLD: If we have input from them, we can. MR. OCHS: We can do that. CHAIRWOMAN MAC'KIE: So that means we have a six-month process that would get public works permanent -- well, at least in Mr. Arnold's building, with an RFP to come, on whether or not we purchase that building. And in six months we have the building A people in building D and the third floor of building H. COMMISSIONER NORRIS: That's what I've been trying to get across. COMMISSIONER CARTER: I like that idea. CHAIRWOMAN MAC'KIE: Is that possible? COMMISSIONER CONSTANTINE: I'll move that suggestion. COMMISSIONER NORRIS: I'm going to second. CHAIRWOMAN MAC'KIE: Mr. weigel? MR. WEIGEL: I'd like to make a suggestion to add to your motion, and that is, I can't recall when we've attempted to do a lease for construction that is not in existence and property the county does not own yet. So that being the case and your desire, I would suggest that notwithstanding the consultant's report has not been discussed very Page 109 When I it. their MAC'KIE: And it's not going to be 10 months. No, ma'am, it will not be 10 months for that building. MAC'KIE: No, building J I'm talking about design build project that's very Would someone on the Board please make one. That we spend -- it our facilities people can to the extent necessary the that and have it ready -- if a month. Can you do that? Can you do that, Mr. Sheriff's Office? February 9, 1999 much here, we've really largely been discussing the site and management plan emergency, and I would like you to declare this a site management plan emergency, because there may be other developers or entrepreneurs out there that have not had the opportunity to provide a site and a construction building to lease to us, so -- COMMISSIONER CONSTANTINE: I'll include that as part of my motion. COMMISSIONER NORRIS: The other thing -- CHAIRWOMAN MAC'KIE: Second amend. COMMISSIONER NORRIS: -- Mr. Motion Maker, is to point out that Mr. Arnold will receive financial penalties for being late? COMMISSIONER CONSTANTINE: Yeah. Severe. COMMISSIONER NORRIS: Severe. CHAIRWOMAN MAC'KIE: Worse than financial penalties. Who's the second on this motion? COMMISSIONER CONSTANTINE: Commissioner Norris. COMMISSIONER BERRY: It was me. CHAIRWOMAN MAC'KIE: You'll agree to that? COMMISSIONER BERRY: I'll agree to all those conditions. CHAIRWOMAN MAC'KIE: No. I had one other -- yes, darn it, I had one other thing I was going to ask. I'm just trying to -- COMMISSIONER CONSTANTINE: Going once, going twice. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: (Recess. ) CHAIRWOMAN MAC'KIE: Okay, we're going to call the meeting back to order. Moving right along. Almost done with the morning agenda. COMMISSIONER BERRY: We got all the easy things done now. Passes 5-0. We need a break. Break 15 minutes. Item #8E1 DISCUSSION REGARDING WATER RETENTION PONDS - SANTA BARBARA BLVD. PONDS TO BE REDONE AS PILOT PROGRAM, INCORPORATE STANDARDS INTO EVERY NEW ROAD CONSTRUCTION PROJECT, AND DEVELOP LDC LANGUAGE FOR WATER RETENTION PONDS CHAIRWOMAN MAC'KIE: Item 8(E) (1), discussion regarding water retention ponds. There was nothing on our agenda for backup on that. MR. FERNANDEZ: That's me, Madam Chairwoman. I wanted to add something positive on today's agenda, knowing what your meeting was going to be like. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: And that's what this presentation is all about. I'm going to bring you some information about something that we're pretty excited about. Page 110 February 9, 1999 When I came to this community, I was originally struck by the fact that there seemed to be a very high standard for design and landscaping and maintenance throughout the community. It's kind of a trademark of this community. However, I noticed that there was one area where that didn't seem to be consistent, and that was in the area of roadway water management systems. What I have on the visualizer here is an example of a CHAIRWOMAN MAC'KIE: Turn it on. There you go. MR. FERNANDEZ: Okay. That's an example of a water management system that we currently have along Santa Barbara. And as you can see, it's not very attractive. I've got a couple other shots of the same. CHAIRWOMAN MAC'KIE: Not very attractive would be an understatement. MR. FERNANDEZ: Is an understatement. COMMISSIONER BERRY: Is this where it makes the jog, I believe, where it becomes -- yeah, it makes the jog around Green Boulevard. MR. FERNANDEZ: Right there around Green. Right there around Green. And I asked myself, is there something better that we can do with this area and still accomplish our purpose. We put together some cross functional -- a cross functional team, which means county staff members from different departments that have gotten together. And they have been waiting around all day today to be introduced. They're all here except for John Boldt, I understand. But the team was comprised John Boldt from Stormwater; Joe Dellett (phonetic) from the Parks Department; Elizabeth Glennon from the Ag. Department, our horticultural agent for the Ag. Department; and Bill Lorenz from Natural Resources. Could I ask them to stand up and be recognized. I'd like to express my appreciation to them for the excellent work that they've done on this. (Applause.) MR. FERNANDEZ: What they've done is taken this situation and come up with a plan. I have the schematic here on this wall of the plan. It involves taking out the fences around the retention ponds and planting some native species around the facility, so it has a much more of a natural look. CHAIRWOMAN MAC'KIE: Why don't you put one on that visualizer, so -- there you go. He's got it. MR. FERNANDEZ: In this way, it looks more like the kind of pond you'll encounter in nature, rather than the high maintenance, and really the less appealing aesthetically facilities that we have. Although we expect that the initial maintenance cost for these will be a little higher initially, we think, in the long run, not only will it be more aesthetically pleasing, but it will be less expensive to maintain because it will be more of a natural system. What I'd like to ask you to consider today are three recommendations. First before I do that, one more part of my presentation. They've also -- the group also took a look at some other communities that have done this sort of thing, and this is -- Page 111 February 9, 1999 this is Sarasota County and what they've done with it. It's the same kind of facility. And they've turned it into a real appealing -- a real aesthetically pleasing facility. As you see, it looks like a natural system, but it accomplishes the same function as the ones that I showed you earlier that we have. CHAIRWOMAN MAC'KIE: Is this something that could be incorporated, for example, in that pond across from Bears Paw on Golden Gate behind the big, old, ugly fence right now? MR. FERNANDEZ: Yes, it could. The recommendation, there are three of them, is that the existing Santa Barbara Boulevard ponds be redone as a pilot program. We estimate -- or the team estimates that the cost would be about $15,000 to do this. The money is available in reserves for stormwater, that's Fund 325. And the second is to incorporate these standards into every new road construction project that Collier County undertakes. That way we can have all of them look like this in the future. The third is to go the next step and to develop a Land Development Code language that would require the development of these plans for water retention ponds alongside county collector and arterial roadways. CHAIRWOMAN MAC'KIE: To retrofit what we presently have? COMMISSIONER CARTER: Well, and I also hear in the future MR. FERNANDEZ: To require that for future development. COMMISSIONER CARTER: Retrofit and future. CHAIRWOMAN MAC'KIE: But both? MR. FERNANDEZ: I don't know that we can require it for retrofitting existing on projects. CHAIRWOMAN MAC'KIE: No, no. MR. FERNANDEZ: On ours, we could. CHAIRWOMAN MAC'KIE: On ours we certainly will. MR. FERNANDEZ: Yes. We could incorporate that as a standard for our projects. And we can go back and retrofit the ones that exist, after we follow the pilot of the initial ones that we'll be doing on Santa Barbara. CHAIRWOMAN MAC'KIE: I love it. COMMISSIONER CARTER: I move that we do it. COMMISSIONER NORRIS: Second. COMMISSIONER CARTER: Let's do the pilot, let's do the other ones, and let's make it a part of the Land Development Code. CHAIRWOMAN MAC'KIE: I appreciate your recognizing it, Mr. Fernandez, and coming up with a creative solution. COMMISSIONER NORRIS: It doesn't sound like it's overly expensive to do these while you're in the middle of a project. MR. FERNANDEZ: No, I think it's pretty cost effective for us to use this approach in the future. Also, we'll be writing up this concept for publishing and government magazines so that others can learn from and benefit from our experience in this area. COMMISSIONER CARTER: Be sure and copy the Naples Daily News. Page 112 February 9, 1999 CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: The only question I have is they were fenced before. Was that -- the fencing done because of a health-safety issue, or are we -- and are we going to run into any problems because of children in the area and not having these areas fenced? In other words, is this an attractive nuisance? MR. FERNANDEZ: I know that was an issue that was raised initially, and I know that is something that the group discussed. I believe part of the solution has to do with the planting of a barrier, a planted barrier, around the ponds. There may be someone from the group who'd like to address that, if I didn't cover it completely. COMMISSIONER BERRY: But it really wouldn't be any different perhaps than a canal kind of thing? MR. FERNANDEZ: I think the planted barrier will probably do the trick. MR. DELLET: Joe Dellet (phonetic) for the record, from Parks and Recreation Department. We proposed as an asthenic thing to remove the fencing, realizing that it is a risk management concern, but realizing also there's many waterways around the county that aren't fenced. CHAIRWOMAN MAC'KIE: Yeah, those canals are certainly -- COMMISSIONER BERRY: Yeah, I understand. I just don't want us getting into some difficulty. I like the idea. I think it looks great, and it certainly does improve the appearance, so I'm supporting it. CHAIRWOMAN MAC'KIE: So we had a motion and a second, Commissioner Norris? COMMISSIONER NORRIS: Yes, I did. CHAIRWOMAN MAC'KIE: Any other discussion? If not, all in favor, please say aye. Motion passes 4-0. Commissioner Constantine is absent. Thank you. What a great job. Item #8E2 PRESENTATION OF CORRECTIONAL FACILITIES & LAW ENFORCEMENT IMPACT FEE SUMMARY REPORTS - COUNTY ATTORNEY TO PREPARE AND BRING BACK A CORRECTIONAL FACILITIES ORDINANCE We're going to have now Item 8(E) (2), presentation on correctional facilities and law enforcement impact fee summary reports. MR. SMYKOWSKI: Correct. For the record, Michael Smykowski, OMB director. I would like to reintroduce Jane Fitzpatrick who is here from Henderson, Young and Company who is the consultant authorized to prepare these studies. Obviously we're trying to capitalize on the fact that Ms. Fitzpatrick was in town for the parks study. So in an effort to kill two birds with one stone, we have multiple impact fee discussions on the same agenda. Page 113 February 9, 1999 I'm just going to give a quick overview and then Ms. Fitzpatrick will outline the recommendations of the draft reports. within the corrections area, there's one specific area Miss Fitzpatrick will focus on, in that the ultimate funding source for the jail would potentially impact on the corrections impact fee, depending on what the nature of that fee is. And she'll explain it. It involves the credit portion of the impact fee component. CHAIRWOMAN MAC'KIE: The cost of the credit will be a factor in the cost of the fee. Okay. MR. SMYKOWSKI: That is correct. So that's one specific thing I'd like her to focus on. And the law enforcement impact fee summary reports, as outlined in the executive summary, there's a level of service standard issue that would impact the impact fee and the potential manpower surplus or deficiency that would have to be made up prior to our being able to spend those available impact fee dollars. And with that, I'll turn it over to Ms. Fitzpatrick. The sheriff's staff is here as well to address any questions or comments in regard to the presentation. CHAIRWOMAN MAC'KIE: And just so we can be focused, what we're going to want from us at the end of this presentation is what? Guidance on? MR. SMYKOWSKI: We're going to want guidance on the level of service standard for law enforcement that would allow Henderson, Young to finalize the impact fee calculations, and just for the board to understand the implications on the corrections -- correctional facilities impact fee of the funding source ultimately selected for jail funding. CHAIRWOMAN MAC'KIE: So in one case it's just informational, on the other, you need some direction from us. MR. SMYKOWSKI: That is correct. CHAIRWOMAN MAC'KIE: Okay. Just wanted to know my job. MS. FITZPATRICK: For the record, I'm Jane Fitzpatrick from Henderson, Young and Company. Good afternoon, again. I'd like to start with the correctional facilities impact fee analyses. I've prepared a summary report which consists of six tables which summarize the draft work we've completed to date. And the impact fees are based on the standard adopted or approved by the county of 2.42 beds per 1,000 population. The -- based on the standard, the county has an existing deficiency of only six beds. CHAIRWOMAN MAC'KIE: How many? MS. FITZPATRICK: Six. And there's a need through the year 2005 for a total of 142, including that six-bed deficiency. In Table 2 of the -- on Page 3 of the summary report that I've put together, you can see the cost components that have gone into the impact fees. And these include the Naples Jail Center expansion, the 240-bed expansion, plus corrections administration space. Page 114 February 9, 1999 We've also proportioned in portions of the chiller plant expansion and the parking structure expansion in your campus on capital improvements project. We've also included the Immokalee Jail Center replacement and expansion. That project includes the replacement of your current 172-bed facility, plus it provides for an additional 20 beds, for a total of 192. We've also included in here a work restitution center. This is a new facility which was discussed during the feasibility study. So what we've done is we've taken the costs for these three facilities, isolated the non-impact fee costs, which is in Column 3 of Table 2. The non-impact fee costs are the costs -- the replacement costs of the Immokalee Jail expansion, the cost for the 172 beds. Those are not eligible for impact fee expenses. And we've also taken out the cost of the Naples Jail Center expansion, which would address the existing deficiency. CHAIRWOMAN MAC'KIE: It takes $500,000 to solve a six-bed deficiency? MS. FITZPATRICK: Based on the cost. That's prorating the cost out of a 240-bed expansion at a cost of 20.7 million dollars, yes. CHAIRWOMAN MAC'KIE: 100 grand a bed? MS. FITZPATRICK: It's about 86,000 a bed, is what you have there. CHAIRWOMAN MAC'KIE: Wow. COMMISSIONER BERRY: It's cheaper for education. COMMISSIONER NORRIS: Why don't we just put them up at the Ritz? CHAIRWOMAN MAC'KIE: Cheaper than building a room at the Ritz. Okay. I was just shocked. Okay. MS. FITZPATRICK: When you look at it that way, it looks a little different. Following that on Table 3, we're calculating the cost per booking. Based on an average cost per jail bed, divided by the useful life of a jail facility, which we are estimating at 40 years. CHAIRWOMAN MAC'KIE: Why do we care about that? MS. FITZPATRICK: What we need to do is -- the ultimate calculation we're trying to come up with here is a cost per booking. So if we get an annual cost per jail bed and then divide it by the annual bookings to the jail, we'll get the annual bookings per jail bed. COMMISSIONER CARTER: Like a hotel. CHAIRWOMAN MAC'KIE: Yeah, it is. MS. FITZPATRICK: The bottom of Table 3 is that the cost per booking is $91.77. The next step in calculating the fees is to identify the demand by type of land use. Table 4 summarizes bookings by arresting agency within Collier County for 1996. As you can see, the majority of the bookings are generated by the Sheriff's Office. Naples Police Department had a little over 13 percent of the bookings. And then other agencies comprised the rest. Page 115 February 9, 1999 We then took those bookings, the 13,298 bookings, and assigned them to a land use, based on an analyses of the Sheriff's records of the incident which generated the arrest, which generated the booking. Where the incident took place, which generated -- which the incident occurred, which resulted in a booking in the jail. CHAIRWOMAN MAC'KIE: And you looked at several years' data or something to see where these arrests took place? MS. FITZPATRICK: We looked at 100 percent of the 1996 data. CHAIRWOMAN MAC'KIE: '96? MS. FITZPATRICK: '96 data. That was -- CHAIRWOMAN MAC'KIE: So if I wanted to know where the 13,298 arrests took place, that's that Column 2, right there. MS. FITZPATRICK: Column 2, yes. CHAIRWOMAN MAC'KIE: Okay. Interesting. MS. FITZPATRICK: We divided each of those arrests or bookings by either the number of dwelling units for 1996 or the square feet of structures per type of land use that were on the ground during 1996, to come up with an annual booking rate for each type of land use. And then in Column 5, we multiplied those times the $91.77 per booking, to come up with a cost per dwelling unit or nonresidential square foot. The final table in Table 6 repeats those annual costs per dwelling unit and nonresidential square foot. We've multiplied that by the economic life of that development, paying that impact fee. And we used this -- we based this on IRS guidelines -- this is consistent with what we had done for your EMS impact fees -- to come up with a total correctional cost, the total impact for a dwelling unit or a square foot of nonresidential development. CHAIRWOMAN MAC'KIE: And that economic life is years? MS. FITZPATRICK: Yes. CHAIRWOMAN MAC'KIE: In mobile homes, the same as a single-family? MS. FITZPATRICK: We just took the residential IRS guideline for residential. So Column 4 shows the proposed impact fee rate for correctional facilities. There's no credit calculation included in this impact fee at this point in time, because no specific funding plan has been identified to pay for the correctional facilities. And I know you have been discussing some options. There is an existing deficiency cost. Turning back to Table 2, Column 3, there's five million dollars that we've taken off the table as being ineligible for impact fees. The county would have to come up with another revenue source to pay for that, for those fees. And then any other revenues which the county would identify as a funding source for these correctional projects would impact the final impact fee. CHAIRWOMAN MAC'KIE: In other words, it's going to actually be higher than what we see in Column 4, Table 6. And the amount higher it would be depends on how much interest we're paying to carry the cost of the borrowing? Page 116 February 9, 1999 MS. FITZPATRICK: If you were to -- yes, if you had obligation bond -- well, if you had a general obligation for a portion of the correctional impact fees, maybe not there would be -- first of all, you would do two things: the cost of the bonding to the cost of the fees. But on the other end, at the tail end of the calculations, if it were property tax that you were bonding, there would be a credit calculation for each development, based on their contribution over the 27 and a half years or 31 and a half years for their contribution to the tax revenue, which pays the general obligation bond. CHAIRWOMAN MAC'KIE: You'd net it out. Okay. MS. FITZPATRICK: You'd net it out. At that present value, it would be a one-time adjustment. CHAIRWOMAN MAC'KIE: But if, for example, we financed it with the sales tax, then we would have the cost -- if we bonded a sales tax, we'd have the cost of borrowing the sales tax, but we wouldn't have that credit on the other end. MS. FITZPATRICK: And rather than have a credit at the end of the calculation, you would take the dollar amount that you're funding with the sales tax and take it right off the top of the cost. So the impact fees would be based on whatever is not funded. CHAIRWOMAN MAC'KIE: okay. I think I get that. MS. FITZPATRICK: The difference is an infrastructure sales tax or sales tax is what I would call a non-allocable revenue. You can't specifically say that so much of it's coming from a certain type of development. So you just take that cost off the top and reduce the impact fee related costs. A property tax is something you can directly allocate to a type of development, and you can calculate a credit per type of residential and nonresidential development. CHAIRWOMAN MAC'KIE: Because of the way it's assessed? MS. FITZPATRICK: Yes. CHAIRWOMAN MAC'KIE: Okay. board members? MR. SMYKOWSKI: Could you outline for the board what would happen -- let's say they adopted this impact fee after a public hearing, according to the table on Page 11, you know, $148.78, and then a year from now let's say the jail were funded with infrastructure sales tax. Would that -- would we be in a refund situation? Would we -- MS. FITZPATRICK: Okay. If the board wanted to go ahead and adopt the impact fees, knowing that you were going to probably come up with a finance plan in the next six months or in the near future, which would ultimately result in a reduced impact fee, what you could do is adopt a discounted impact fee at this point, until such time as you finalized a finance plan. CHAIRWOMAN MAC'KIE: Why would we even consider funding the jail with a -- I think I know the answer, but I'll finish it. Why would we -- how would we consider funding the jail with a sales tax if an impact fee is available to fund all but five million dollars of the a general bond to pay all of it, You can add Questions on that particular aspect, Page 117 February 9, 1999 giant problem we've got, and if the cost of that is 150 bucks a house? It seems to me that's preferable to a sales tax. COMMISSIONER BERRY: But then we get back to the impact fees. This is only one. Remember, we just dealt with the parks one. Now, we've got -- we're mounting these up now. When we get all done, I'd like to see on everything that we've adopted how much we have added in total impact fees. MR. SMYKOWSKI: In response to your question, the other issue is long-term, if you bonded for 20 or 30 years financing costs of the jail, your primary pledge would be impact fees, which are not the most desirable in the financial market. CHAIRWOMAN MAC'KIE: And not reliable. MR. SMYKOWSKI: What we may collect in year "X" in a base year five years -- three to five years out, you may not collect, but it's anyone's guess what they would be 30 years from now. Obviously, as you get closer and closer to build-out, those would dwindle over time. CHAIRWOMAN MAC'KIE: So it would be hard to place a bond issue pledging law enforcement impact fees for jail construction. MR. FERNANDEZ: You need a supplemental pledge. CHAIRWOMAN MAC'KIE: I see. COMMISSIONER NORRIS: And the other thing is, too, of course, is that the tourists participate in the use of our jails from time to time, so if we had a sales tax, they would also be allowed to participate in the funding of that jail. CHAIRWOMAN MAC'KIE: As opposed to merely our property owners. COMMISSIONER BERRY: Exactly. CHAIRWOMAN MAC'KIE: Okay. Other questions on this aspect, or shall we go to law enforcement? Law enforcement. MS. FITZPATRICK: What Mike is passing out is a revision to Table 8 of the law enforcement summary. This was due to human error, not technical error. I take full responsibility for this. I copied the wrong column when I made this table up. CHAIRWOMAN MAC'KIE: Oh, good, she's human. MS. FITZPATRICK: And I'll explain it to you when I get to that table. For the law enforcement impact fees, you have a series of eight tables which summarizes work that we have completed to date for a draft of the law enforcement impact fee rate study. The fee calculations are based on the Sheriff's recommended level of service standards for road patrol and criminal investigations. Those are the two operating components that we've included in the impact fee. CHAIRWOMAN MAC'KIE: I've got a question right there. I must be confused, because I've been trying to get a level of service out of the Sheriff for road patrol ever since we talked about the Marco Island issue, and the City of Naples has wanted to know what is the level of service for road patrol. So you're telling me there is one after all? Page 118 February 9, 1999 MS. FITZPATRICK: What we have done is completed a manpower analyses. It's a 1988 manpower analyses, which is actually an updated one that Henderson, Young and Company had done in conjunction with the Sheriff's Office in 1992 when we first discussed law enforcement impact fees. CHAIRWOMAN MAC'KIE: So the answer, Mr. Fernandez, is there has been a level of service standard for law enforcement impacts all along? MR. FERNANDEZ: I think the answer is there has been one that there's more than one. There's one in theory based upon the information he has submitted to the firm doing the analysis, and there's one that reflects -- that is reflected in the budget that the board has adopted. CHAIRWOMAN MAC'KIE: And how do the two compare, just generally? The one in the budget is much higher or much lower than this level of service we're using for the impact fee? MR. FERNANDEZ: The level of service is lower in the budget than the one proposed by the Sheriff. CHAIRWOMAN MAC'KIE: In other words, we're budgeting much less than what we would be budgeting for the Sheriff if we use this level of service. MR. FERNANDEZ: His proposed level of service, correct. COMMISSIONER CARTER: And if I understand this correctly, all the numbers are coming from the Sheriff for this study. MS. FITZPATRICK: Yes, that's correct. We've -- we've used the Sheriff's data, data base, to come up with average times per call per service, manpower availability, net hours available per officer, and the forecast that calls for service, the work load forecast. CHAIRWOMAN MAC'KIE: I'm glad to look at, and I want to look at an impact fee for law enforcement. But I don't want to get into some, you know, Clinton-esque, it depends on what your definition of "is" is and stuff and say that this is the level of service for this purpose, but it's not the level of service for budgeting. Just feels like a real risky place to be going here. I don't want to later tell the Sheriff, we were just kidding before about the level of service. COMMISSIONER NORRIS: Let me ask a question here on process. We're just getting a little report here, and if we're going to go forward with this, we've got to schedule public hearings and go through this allover again twice, right? Why don't we try to decide whether we're going to do that or not. CHAIRWOMAN MAC'KIE: When I asked him today what's our job, they said it's informational on corrections, but that they wanted us to adopt a level of service on law enforcement. They wanted us to -- that's what they told us they wanted from us as they started. MR. FERNANDEZ: And the reason for that, Madam Chairwoman, if I may, is that today, hopefully with the presentation, you'll be able to see the cost implications of adopting various levels of service options that you may have. CHAIRWOMAN MAC'KIE: And you'll keep us apprised of what the budget implications are of those? Page 119 February 9, 1999 MR. FERNANDEZ: Yes. That will be very clear, I believe, when this presentation is completed. There's operating budget implications. CHAIRWOMAN MAC'KIE: Got to be. MS. FITZPATRICK: I think I'd like to begin by -- with Table 2, on Page 4 of my report. Once we completed the 1998 manpower analysis study, which was the basis for going ahead and calculating the impact fees, there was a meeting with the Sheriff's Office and the county administrator -- I'm not sure if you were involved at that time -- and Randy Young of my firm. And it was decided that we should survey other comparable agencies, just to see where we were in the ballpark. MR. SMYKOWSKI: Excuse me, we're on Page 13. Ms. Fitzpatrick is referring to the pagination from her report as opposed to the executive summary page. CHAIRWOMAN MAC'KIE: I thought she said Page 15, Table 2. COMMISSIONER CARTER: 15-2 is where I am. CHAIRWOMAN MAC'KIE: Thank you, though. MS. FITZPATRICK: In this table, there are five scenarios for level of service standards for road patrol. At this point, I'm just talking about road patrol. Column 3 shows where the sheriff is today, or was at the end of 1998 as a workload. Each officer handles 1,511 calls for service per year. That's where they are today. Column 4 shows the standard that we came up for originally in the 1992 manpower analyses, and that was less, at 1,146. The next column, Column 5, is the standard that I've based the impact fee calculations on. This is an update of the 1992 study. And with changes in policy and other state requirements for responding to calls for service, the workload is 1,315 calls for service. Now, the last two columns show some of the survey results. Column 6 shows the average. And the average workload per officer of the agencies surveyed was 565 calls for service per year. CHAIRWOMAN MAC'KIE: About a third of what our officers are doing. MS. FITZPATRICK: Correct. Column 7 shows the highest workload reported in the survey, and that was just under 1,200. CHAIRWOMAN MAC'KIE: Again, significantly less than what our officers are doing. COMMISSIONER NORRIS: We got efficiency. CHAIRWOMAN MAC'KIE: By God, they're good. MS. FITZPATRICK: And what we've highlighted in this table as -- this table shows a forecast of -- it's an accumulative forecast of officers needed to maintain each of those workload ratios through the year 2006. So, for instance, in the year 2000, for the Sheriff to keep doing what he was doing in 1998, he would need 25 additional officers over the 1998 authorized strength. CHAIRWOMAN MAC'KIE: And that's where, Mr. Fernandez, you would tell us to expect to see in his budget an increase for 25 officers if Page 120 February 9, 1999 he continues to have them work at three times the average rate of the surveyed communities. MR. FERNANDEZ: Correct. MS. FITZPATRICK: Again, going across the table, I'll go right over to Column 5, which is what this impact fee calculation is based on. That cumulative need increases to 58. CHAIRWOMAN MAC'KIE: So based on what you think they should be able to do, he's 58 officers short in 2000? MS. FITZPATRICK: That's correct, based on the results of the manpower analyses. COMMISSIONER BERRY: Yeah, go down to the year 2006. MR. SMYKOWSKI: And the implication is if you adopted that level of service standard, you're committing, in essence, to add those positions to the operating budget in theory before you should be spending the impact fee. That is the existing deficiency you would have to make up. (Commissioner Constantine enters the boardroom.) CHAIRWOMAN MAC'KIE: And even if we adopt the current workload as a level of service, we're acknowledging 25 officers short in the year 2000, and 102 officers short in the year 2006. Even if we adopt less than -- a higher workload than you recommend. MS. FITZPATRICK: Correct. Just to keep them where they are. COMMISSIONER BERRY: But you've got to do this before you can ever use the impact fee. MR. SMYKOWSKI: I want to be clear, that is not necessarily the standard Henderson, Young is recommending. That was based on, I believe, the results of the Sheriff's manpower analysis. And she just used that as a framework to make the impact fee calculations. Henderson, Young is not recommending an individual level of service. COMMISSIONER NORRIS: How much money do we anticipate that this impact fee would bring in annually? Where do I find that? MS. FITZPATRICK: Well, for law enforcements, this would be a combination of road patrol and criminal investigations. I have a revenue forecast based on single-family, the single-family rate. I don't have data available, nor do I think the county does to do a forecast of the nonresidential revenue. But assuming all new development is single-family, that would average it out a little bit more. Based on the 1998 manpower study, which is what the impact fee rates you're looking at in this study are based on, it's about 6 million dollars for a six-year period, through the year 2004. Based on their current workload, what they're doing today, if you were to maintain that, that would be no -- that would be 4.3 million dollars. If you were to go with the survey average, it would be just under 10 million dollars in revenue. CHAIRWOMAN MAC'KIE: So we could raise a lot of money if we bite this level of service bullet. I mean, 10 million dollars is a lot of money. Page 121 February 9, 1999 MS. FITZPATRICK: But that also officers by the year 2000. That was COMMISSIONER BERRY: Figure out MS. FITZPATRICK: the lowest highest level of service. CHAIRWOMAN MAC'KIE: to his total budget. COMMISSIONER NORRIS: And the law enforcement impact fee is similar to other impact fees, in that it can only be spent on capital? MS. FITZPATRICK: That's correct. COMMISSIONER NORRIS: Can't be spent on operations? MS. FITZPATRICK: And for law enforcement, the operating side of it is high compared to, you know, the -- it's not as capital intensive as another type of facility. MR. SMYKOWSKI: The impact fee essentially would buy your -- outfitting your vehicle for the most part per officer, but you're absorbing the cost of over $50,000 per officer in the operating budget. COMMISSIONER NORRIS: For example, I mean, just to get us a baseline here, what did we spend on law enforcement capital in this budget year? CHAIRWOMAN MAC'KIE: Not much. MR. SMYKOWSKI: Law enforcement, in expanded -- the expanded associated with those new positions was $403,300. CHAIRWOMAN MAC'KIE: Capital? MR. SMYKOWSKI: Capital. COMMISSIONER CONSTANTINE: position, not overall. MR. SMYKOWSKI: And personal rounding, you're looking at about paying more on the operating side for on the capital side. CHAIRWOMAN MAC'KIE: I'm probably going to regret saying this, but I'm going to say it anyway, and that is, although -- I so seriously question what the Sheriff chooses to fund for officers. They buy their own guns. They buy their own bullets. He doesn't supply them with bullets, did you know that? COMMISSIONER NORRIS: They don't get used a lot. CHAIRWOMAN MAC'KIE: They don't get bullets. COMMISSIONER CONSTANTINE: I have a question. COMMISSIONER NORRIS: Well, considering that this would be another cumulative burden on new home builders, echoed, I think, by Commissioner Berry and her concerns on getting the cumulative up too much, I'm going to have probably a hard time supporting the law enforcement side of this impact fee. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: I am, too. But I have a question on the total cost per type of land use. And I'm just -- is this the actual -- CHAIRWOMAN MAC'KIE: No, got a replacement. Page 122 shows a need for 393 more the survey that we -- what your budget is going workload in the surveyor to be. the It's a lot of money, but not in proportion In association with the expanded service in operating, you're just $550,000. So the board would be than the impact fee would be paying February 9, 1999 COMMISSIONER CONSTANTINE: Oh, this one? CHAIRWOMAN MAC'KIE: Yeah. COMMISSIONER CONSTANTINE: This is just a cost, this isn't actually what we're looking to charge for a single family, or is it? MS. FITZPATRICK: This handout? COMMISSIONER CONSTANTINE: Yeah. MS. FITZPATRICK: That is the estimated impact fee in Column 6. COMMISSIONER CONSTANTINE: Then that leads me to the question, why if I own a mobile home and my wife and me and two kids are there, it's 29 bucks, and if I build a 1,200, 1,500 square foot house and my wife and two kids live there -- COMMISSIONER NORRIS: You have kids? COMMISSIONER CONSTANTINE: -- I pay 10 times -- no, it's just an imaginary situation. CHAIRWOMAN MAC'KIE: Why is it 10 times? COMMISSIONER CONSTANTINE: -- then it's 10 times as much. MS. FITZPATRICK: This is the way the numbers fell out. When we did the analyses of where the calls for service went to, who called for call for service, and the incident rate was much higher at a single-family home than at a mobile home. COMMISSIONER CONSTANTINE: Right. But I mean, when we do -- by that theory, when we do our other impact fees, we don't look at who generates more traffic. Every home has roughly the same -- certainly not 10 times the factor, roughly the same cost regardless of the size of the home or the type of the home. We do difference between multi-family and single-family. But it's just a dramatic difference. It seems unusually high. I appreciate the fact, and I probably could have that's the way the numbers fell out. I'm asking why. as a single-family living in a mobile home generates, one-tenth the need? CHAIRWOMAN MAC'KIE: Can I just -- because you look at -- COMMISSIONER CONSTANTINE: Can I just get an answer to that? MR. SMYKOWSKI: Table 4 has that data, but it doesn't explain Imaginary life. Hypothetical situation. figured out that How is it that in your opinion, why. CHAIRWOMAN MAC'KIE: And Table 5. COMMISSIONER CONSTANTINE: Yeah, I have the data, I just don't follow it. CHAIRWOMAN MAC'KIE: You're telling me the actual number of bookings in 1998 -- '6 was -- COMMISSIONER NORRIS: six. MS. FITZPATRICK: We're talking about calls for service in 1996. COMMISSIONER CONSTANTINE: But how many mobile homes are there? CHAIRWOMAN MAC'KIE: Per capita. COMMISSIONER CONSTANTINE: Yeah, I'm looking at per capita. There are considerably fewer mobile homes. So percentage-wise, are they generating one-tenth? MS. FITZPATRICK: If you look at Table 4. COMMISSIONER CONSTANTINE: Which is on? Page 123 February 9, 1999 MR. SMYKOWSKI: Page 19. MS. FITZPATRICK: Column 2 shows the distribution of the 270,000 calls for service that we analyzed. And you can see there that for single-family, over 78,000 of those were single-family compared to just under 3,200 as to mobile homes. COMMISSIONER CONSTANTINE: Right, but how many mobile homes are there in the county? MS. FITZPATRICK: In the next column, we've got the number of mobile homes and the single-family dwelling units, and this was for the same time period, 1996. So what we did in Column 4 is to calculate the annual demand for each type of land use as we divided the number of calls for service to single-family by the number of dwelling units and came up with the 1 . 8 . And the same thing for mobile home, divided the 3,170 calls for service to mobile homes by the 11,000 mobile homes and came up with a much lower demand rate of .2825. CHAIRWOMAN MAC'KIE: But then shouldn't there be some proportional, some per capita -- I don't know how to do the math. But shouldn't there be some -- the ratio of calls for service versus the per capita number of mobile homes as compared to the per capita number of single-family dwellings? Shouldn't there be some analysis of the proportionality of those, of the number of mobile homes? In other words, you can't just say that there's a whole lot less crime at mobile homes in Collier County. COMMISSIONER CONSTANTINE: Why do we single out mobile homes? I understand there is a difference between multi-family and single-family. But if I live in a 8,000 square foot palace or live in a 2,000 square foot family home or a 900 square foot mobile home, I could still be the same family. MS. FITZPATRICK: That's correct. COMMISSIONER CONSTANTINE: So I don't follow the logic there at all. It says or square feet. And I'm positive we don't use square feet in our other impact fee. MS. FITZPATRICK: Square feet is used for the nonresidential numbers down below. And that is consistent with the EMS impact fee. COMMISSIONER CONSTANTINE: You've explained that. I didn't understand nonresidential. But I'm not comfortable singling out, and if you happen to live in a mobile home, getting that much of a break. I think if you are by using the logic we use in transportation and using all our other impact fees, that you have an impact if you come here. And if you come here and happen to go into a mobile home or come here and happen to go into a small home, medium home, giant home, you know, by this logic, we should probably say, well, the giant homes that are in Collier's Reserve generate far less calls than the mid-sized ones in Golden Gate or Naples Manor or somewhere else and where you have a -- CHAIRWOMAN MAC'KIE: You know that's not true. COMMISSIONER CONSTANTINE: I don't want to start breaking it down that way. I'm not comfortable doing that. And I think you are Page 124 February 9, 1999 penalizing some people unfairly there and you're rewarding others without any real rationale other than a one-year history for some smaller numbers. MS. FITZPATRICK: We can collapse those. I mean, we can -- you can have whichever categories you desire on those. CHAIRWOMAN MAC'KIE: Well, it sounds like there's probably not going to be support for going forward on a law enforcement impact fee, period. But for my vote, if we were going to go forward on law enforcement impact fee, it seems like -- well, I would need you to tell me that this is the only methodology we're allowed to use, as opposed to instead of using square foot of homes or -- I'm sorry, instead of using single, multi, mobile home, maybe this is a case where more expensive and less expensive homes and larger homes and smaller homes can be factored in. Maybe-- MS. FITZPATRICK: If you're talking about just collapsing it into a residential rate, I mean, that's very doable. If you're talking about categorizing based on values of homes, you're talking a tax, not an impact fee. MR. SMYKOWSKI: I could fairly readily come up with some sort of blended residential rate that would be one uniform as opposed to three separate categories. MS. FITZPATRICK: I could do that. CHAIRWOMAN MAC'KIE: Before we go further on this, why don't we just see if there's interest by three members of the board to pursue a law enforcement impact fee. And then we can talk about whether -- how we would want to -- COMMISSIONER CONSTANTINE: My vote would be no. COMMISSIONER NORRIS: No. CHAIRWOMAN MAC'KIE: That's two noes. COMMISSIONER CARTER: No. CHAIRWOMAN MAC'KIE: There's three noes. COMMISSIONER BERRY: Four noes. COMMISSIONER NORRIS: Four noes. CHAIRWOMAN MAC'KIE: It's probably five noes. COMMISSIONER CONSTANTINE: How about The Shadow knows. COMMISSIONER CARTER: Corrections is different. CHAIRWOMAN MAC'KIE: Corrections is different. I do want to go forward with the corrections impact fee. COMMISSIONER NORRIS: Yes. CHAIRWOMAN MAC'KIE: Got one more yes out there? COMMISSIONER CARTER: Yes. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: Do we have a table to refer to? COMMISSIONER NORRIS: I'll make a motion that we direct our staff to come back with an ordinance at the public hearing on the corrections impact fee. MR. SMYKOWSKI: That motion obviously would be to authorize the county attorney to prepare said ordinance. COMMISSIONER NORRIS: Obviously. Inclusive. Page 125 February 9, 1999 COMMISSIONER CONSTANTINE: Can -- just going with the same question we raised before, if we pursue that correction impact fee, can we collapse those residential units in one? Because I think it just makes it far more affordable for everyone. COMMISSIONER NORRIS: I think the staff should bring back a sample of that at our hearing, and we could go through it at that time as well. COMMISSIONER CARTER: Well, real, real quickly, if it collapses, it's about $152 a unit versus the widespread, if you just took all three of these and averaged it, if my math is right. CHAIRWOMAN MAC'KIE: Somewhere in that ballpark. COMMISSIONER CARTER: Yeah, somewhere in that ballpark. COMMISSIONER CONSTANTINE: And this one would probably be 94 bucks or something. I'm doing the math in my head, but -- COMMISSIONER NORRIS: That's a detail we could hash out at the public hearing, but I think that's fine. CHAIRWOMAN MAC'KIE: So we had a motion and a second. Do we have public speakers? Do we have a second? I thought Commissioner Carter seconded the motion. COMMISSIONER CARTER: I'll second. COMMISSIONER CONSTANTINE: It was an audio illusion. MR. FERNANDEZ: No, we have no public speakers. CHAIRWOMAN MAC'KIE: We have no public speakers, but we have Crystal waving at us. We'll be glad to hear from Crystal. I just beg you to make it quick, because I'm getting brain-dead. MS. KENZEL: I certainly will, because I sound like Minnie Mouse today, so I apologize. The Sheriff was unable to come. COMMISSIONER NORRIS: Who are you? MR. KENZEL: Crystal Kenzel, Finance Director for the Sheriff's Office. And for the record, I think the Sheriff just wanted to thank the Commission. I get to come over on a positive on this side. This is great. We want to thank the Commission for bringing forward these studies. We want to keep open the discussions, and we realize while it may not be practical on the law enforcement impact fee because of the operational costs, that we can use this information as we progress through the budget process and try to look at the deficiencies that are in the Sheriff's Office. And maybe work -- obviously, we don't want to come back and ask you for 300-plus deputies. But I think that over the course of the next growth years, we would like to be able to work with board staff and the impact fee consultant on this manpower formula, massage it, fine tune it, and come up with a way that we can work from point A to point B to make sure that the citizens of Collier County are well protected. CHAIRWOMAN MAC'KIE: It's time to, if he's going to go down that road, though, to be paying attention to what's the level of service going to be for incorporated versus unincorporated areas, because the Page 126 February 9, 1999 City of Naples is only going to want pay for the level of service for incorporated areas. MS. KENZEL: I'm sure that will come up in the budget policy discussions where we're heading with municipalities, but thank you. COMMISSIONER NORRIS: Have you been hanging out in Building A? MS. KENZEL: No, I actually work at J. But they made fun of me all day, so I said I sound like Minnie Mouse coming up here. But it was positive, so I wanted to take the risk. Because I'm always up here asking for money, so I thought I'd come forward and give you some appreciation from the Sheriff's Office. CHAIRWOMAN MAC'KIE: Okay. A motion and a second. All in favor, please say aye. Motion passes unanimously. Item #9A RECOMMENDATION THAT THE BOARD APPROVE A PROPOSED SETTLEMENT AGREEMENT IN THE AMOUNT OF $28,000.00 FOR THE LAWSUIT STYLED ROBERT P. RICHMAN V. COLLIER COUNTY, CASE NO. 97-419-CIV-FTM-18D, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA - APPROVED The next item on our agenda, 9(A). It's a recommendation that we settled this Richman case. We've heard this before and said no, and -- but today we're going to hear something new. MR. WEIGEL: Mr. Pettit will address it. MR. PETTIT: Good afternoon, Commissioners. Mike Pettit, Assistant County Attorney from the County Attorney's Office. We're bringing this settlement proposal back to you. It's different than what we brought in before for a couple reasons. First, we now have a firm offer from Mr. Richman to settle this case for $28,000. The last time we were here, he had reduced his demand from 265,000 odd dollars to 33,500. We were recommending that we settle for 28,000, approximately 600 dollars. So there is a difference now. He's actually come below our last recommendation. On the other hand, since we've been here, the court, we've received a notice that this case has been transferred to an Orlando federal judge, and I think this arises from the fact -- CHAIRWOMAN MAC'KIE: Has everybody -- pardon me, but has everybody on the board already been briefed on this? Because I know that I have. COMMISSIONER NORRIS: Yes. COMMISSIONER BERRY: Yes. CHAIRWOMAN MAC'KIE: Is there any questions for Mr. Pettit or is anybody ready to make a motion? COMMISSIONER BERRY: I would move for the proposed settlement. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: Motion and second. All in favor, please say aye. Page 127 Passes unanimously. Thank you. Page 128 February 9, 1999 FEB 0 9 1999 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement and Release") is entered a'-f\l r-- '\ L into and made on this --1...:- day of '\-f)...uAJCLV\ 1-' 1999 by and between Robert P. Richman ("Richman") on the one hand and Collier County, a political subdivision of the State of Florida, Michael McNees, Jerre Salmon, Jim Hehl, Leo Ochs, Skip Camp and George Gulley (hereafter collectively referred to as the "County") on the other hand with respect to Case No. 97- 419-CIV -FfM-18D, filed in the United States District Court for the Middle District of Florida, as well as all claims or controversies between Richman and the County or its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties or assigns that could have been asserted in that case or that in any way relate to or arise directly or indirectly from Richman's employment, termination of employment or applications for employment with the County through the date of execution of this Agreement and Release. WIT N E SSE T H: WHEREAS, Richman filed an action against the County in the United States District Court for the Middle District of Florida, and that action was styled Robert P. Richman v. Collier County. a political subdivision of the State of Florida, Michael McNees, Jerre Salmon, Jim Hehl, Leo Ochs, Skip Camp and George Gulley, Case No. 97-419-CIV-FTM-18D (hereafter referred to as the "Lawsuit"); WHEREAS, Richman alleged various claims against the County in the Lawsuit; WHEREAS, Richman and the County, without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of litigation and now desire to fully and finally resolve any and all claims, known or unknown, asserted or that could have been asserted by Richman in the Lawsuit, including but not limited to all claims for compensatory damages and attorney's fees and costs, and also desire to resolve fully and finally any and all claims, whether known or unknown, that relate in any way to or arise directly or indir.ectly from Richman's employment, termination of employment or applications for employment with the County through the date of the execution of this Agreement and Release; 1 FEB 0 9 1999 WHEREAS, Richman and the County desire to reduce their compromise of the Lawsuit and all claims that could have been asserted in the Lawsuit or that relate in any way to or arise directly or indirectly from Richman's employment, termination of employment or applications for employment with the County through the date of the execution of this Agreement and Release to a writing so that it may be binding upon Richman and the County and their respective predecessors, successors, heirs, assigns, employees, former employees, elected officials, officers, agents, representatives, attorneys, insurers, sureties; NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which are hereby acknowledged, and with the intent to be legally bound, Richman and the County mutually agree to the following: 1. Richman and the County agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses", by reference into this Agreement and Release. 2. The County agrees to pay the sum of Twenty-Eight Thousand and No Hundred Dollars ($28,000.00) in full satisfaction of all claims Richman has made or could have made in the Lawsuit or that relate in any way to or arise directly or indirectly from Richman's employment, termination of employment or applications for employment with the County through the date of execution of this Agreement and Release. The County and Richman further agree that payment of the $28,000.00 shall be allocated and made as follows: (a) Payment of Twenty-Four Thousand Five Hundred Dollars ($24,500.00) shall be by check payable to Robert P. Richman in full satisfaction of his claims for attorney's fees, costs and compensatory damages. (b) Payment of Thirty-Five Hundred Dollars and No Cents ($3,500.00) shall be by check payable to Toni Home, Esq. in full satisfaction of her attorney's lien filed with respect to the Lawsuit and all related matters, including without limitation any claims Ms. Horne has or may have against Richman for attorney's fees or costs. The County and Richman also agree that no portion of the $28,000.00 in settlement proceeds includes or is intended to include payment for backpay or frontpay. 2 FEB 0 9 1999 3. The payment to Richman referred to in Paragraph 2 of this Agreement and Release includes all amounts allegedly due to Richman from the County for any reason whatsoever including, but not limited to compensatory damages, costs, taxes, expenses, attorney's fees and equitable relief that Richman has claimed or could have claimed in the Lawsuit or that relate in any way to or arise directly or indirectly from Richman's employment, termination of employment or applications for employment with the County. 4. In further consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the County also agrees to allow Mr. Richman to place a typed or hand written statement in both his Human Resources personnel file and Department personnel file. 5. Richman represents and warrants to the County that he has not filed any other charge, lawsuit, claim or any other action against the County 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, Richman, on behalf of himself and any and all heirs, executors, administrators, legal representatives, attorneys and assigns, shall and hereby does fully and finally unconditionally, release, acquit, remise, satisfy and forever discharge the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, attorney's fees, costs, covenants, charges, damages, frontpay or backpay, obligations, liabilities, contracts, promises, judgments, executions, claims, or complaints, whether legal or equitable and whether known or unknown, which Richman asserted in the Lawsuit, had, or now has or may have against the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns, whether known or unknown, arising out of or relating in any way to the claims or allegations in the Lawsuit, or that could have been made in the Lawsuit or that refer or relate in any way to or arise directly or indirectly from Richman's employment, termination of employment or applications for employment with the County, up to and including the date of execution 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 vn of 3 FEB 0 9 1999 the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, 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 the County and Richman. 7. Richman also agrees to indemnify, defend and to hold the County harmless against any tax liability, including but not limited to income tax, social security tax, penalties and interest, in the event that it is ever determined that the payment made by the County constitutes taxable income to Richman. In this latter regard, Richman acknowledges and agrees upon advice from his counsel that any tax liabilities including but not limited to income tax, social security tax, penalties and interest associated with the payment of any monies to Richman under this settlement are solely his responsibility. 8. Except for any claim to enforce the terms and conditions of this Agreement and Release, including without limitation any claims for indemnification under Paragraph 8 of this Agreement and Release, the County shall and hereby does fully and finally remise, release, acquit, satisfy and forever discharge Richman, his 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, attorney's fees, costs, contracts, promises, damages, judgments, executions, claims or demands whatsoever, whether at law or in equity and whether known or unknown, which the County had or now has against Richman arising directly or indirectly out of or relating in any way to Richman's employment, termination of employment or applications for employment with the County or any claim or allegation that Richman has asserted or could have asserted in the Lawsuit up to and including the date of the execution of this Agreement and Release. 9. Richman and his attorney and the County and its attorneys agree to waive the right to seek payment of their respective attorney's fees or costs incurred in the Lawsuit beyond any payment referred to in Paragraph 2 of this Agreement and Release. 4 FEB 0 9 1999 10. Richman represents and warrants to the County that he is authorized to enter into and that he has the authority to perform the terms of this Agreement and Release and that he has not sold, assigned, transferred, conveyed or otherwise disposed of all or any portion of the claims he has released and discharged in this Agreement and Release. 11. 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 the County does not constitute, nor shall it be construed as, an admission that it has violated any common law, statute, rule, regulation or ordinance of either the United States or the State of Florida or breached any duty owed to Richman under federal, state or local law, policy or practice, with respect to Richman's employment, or in any other matter, or that any of Richman's claims have any merit whatsoever. The County explicitly denies any such wrongdoing. 12. This Agreement and Release shall be governed by the laws of the State of Florida. 13. This Agreement and Release is freely and voluntarily executed by Richman and the County 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, Richman and the County do not rely on any inducements, promises, representations other than the promises and representations set forth in this Agreement and Release. In this regard, Richman and the County 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 claim that the party drafted or was intended to benefit from the ambiguous language. 14. 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. 15. 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. 16. In the event of an alleged breach of this Agreement and Release, Richman and the County hereby agree that all underlying causes of action or claims of Richman and the County 5 FEB 0 9 1999 have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its express terms and conditions. In this regard, Richman and the County further agree that the sole venues for any such action shall be the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida or the United States District Court for the Middle District of Florida. 17. 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 Richman and the County 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. 18. 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 on and the same instrument. 19. Except as expressly provided for herein, Richman and the County 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. 20. Richman and the County 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. 21. The County agrees that, consistent with the Florida Public Records Law, it shall store all records concerning Richman (other than his personnel files as maintained in the County's Human Resources and Facilities Management Departments) with the litigation files in the Lawsuit. IN WITNESS WHEREOF, Richman and the County having executed this Agreement and Release, which consists of 13 pages, on the dates set forth below next to their respective signatures and as sworn to and acknowledged by Employee. 6 FEB 0 9 1999 DATED: ATTEST: _ DWIGHT E. BROCK, Clerk I/".~,;#'~tt~.{')~'>::.;,' ~ /./'~' ~~'O 1> e t r, '':',,,;'f;r' LI, . · ,:\'" ',' . Attest'lftf,f'Ch&1run's ':.,< ' " ", t,{$.1911a~~~lJ. ":;,,!,:~~J';.:.)f~ :/,~,>' ~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~~ PAMELA S. MAC'KIE, Chairwoman By: Date: 0[- 9 - Cj~ Date: 7- /?50 I THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Robert P. Richman before me this 13TJ" day of ~u..f ,2001. JJ,iJuo ~ Signature of Notary Public Personally Known or Produced Identification ~ VG""MIG All"" ~rr<tJIJ6 Commissioned Name of Notary Public (Please print, type or stamp) FL.O.L. Ff( '-rr- "J?S. 5"R'-/7;;J.-Q Type of Identification Produced My Commission expires: CD', Debbie ArmIlroD<< .~~~l~ ~"",Co., ... 7 FEB 0 9 1999 Date: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by George Gulley before me this :l ~ C!!? day of ! ~, , 200 1. ~A~....v ~ filL;, Signature of Notary ubhc Personally Known ~ or Produced Identification ~I/(C./IW ? ~t-t-I Commissioned Name of Notary Public (Please print, type or stamp) JJIII t Type of Identification Produced My Commission expires: P f" Jl / "ZPtJ) MARIAN R. COlLI NOTARY PUBLIC. STATE OF flORIDA COMMISSION" D001382ll EXPIRES Bl8l2003 BONDED THRU , .888-NOTARY1 8 FEB 0 9 1999 ~-/~) JER W. SALMON Date: 7.../1 &/ THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Jerre W. Salmon before me this Jf)<U/- day of /4 ,2001. ~~A0 f !AU Signa ure of Notary ublic Personally Known X- or Produced Identification JviM-1 Nol f{. &,;t- L I Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: ()~J / ~ 3 MARIAN R. COLLI NOTARY PUBLIC. STATE OF COMMISSION II OOOI~~OR.'OA EXPIRES 81812003 BONoeo THRu 1-888-NOTARVl 9 FEB 0 9 1999 Date: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FL RIDA WAS SWORN TO and subscribed by Skip Camp before me this 112~ day of ,2001. ~~~~. Signa ure of Notary P lie Personally Known L or Produced Identification MAR-tMJ 1{ ~L.l-I Commissioned Name of Notary Public (Please print. type or stamp) My Commission expires: fJo/OS ) J&>17 3 pili- Type of Ideritification Produced MARIAN R. COLLI NOTARY PUBlIC . STATE OF FlORIDA COMMISSION # 00013829 EXPIRES 81812003 BONDED THRU 1-888-NOTARY1 10 ~i2~ Date: 7/;g-j,;( I FEB 0 9 1999 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Leo Ochs before me this I~ day of '" ~ ' 200 1. . t/ ~~adL- ~ ~ Signature of Notary bile k.tW? f!pU-1 Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: iJ~ /~g / ~3 Personally Known :>< or Produced Identification IJ /11- , Type of Identification Produced MARIAN R. COLU PU6UC' STATE Of FLORIDA NOTARY COMMISSION # 00013829 EXPIRES 81812003 BONOEOTHRU HI88-NOTARY1 11 ~~ JAMES HL Date: 7/ z. -S /t::J I FEB 0 9 1999 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by James Hehl before me this ~6~ day of j ~ ,2001. f/ ~...u ~Mb Signature of Notary ubhc ~tbe-I..w f t1u.1 Commissioned Na e of Notary Public (Please print, type or stamp) My Commission expires: ~n /_~ Personally Known L or Produced Identification AJ!A- t' Type of Identification Produced MARIAN R. COLLI NOTARY PUBlIC. STATE OF FLORlOA COMMISSION II oool382ll EXPIRES 6Ill/2003 BONoeo THRU 1-8ll8-NOTARY1 12 i~\.1 JJ d . W~\\~ MICHAEL A. MCNEES Date: 1-1 8 - 0 I FEB 0 9 1999 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Michael A. McNees before me this /8'6J.- day of d ~ ' 200 I. / ~L- ~ 1d4' Sign ture of Notary ubhc Personally Known ~ or Produced Identification NfJl2./ITAf ~ ~Lt-I Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: tJ S /p1 ZG03 tV) II- Type of Id~ntification Produced NOTAAV~ R. COLu ~';'~ATEOF FlORIDA ~'OOof~""" l!XPIRes 8/812003 ..uc. 8CltuO THRu f-a/l8.NoTARYf Approved and accepted as to Paragraph 2: ~ Jr;n ~ A, L~tY( 'YL( __ Toni Home, Esq. Date: 7,J:},~/ () ) Approved as to form and legal sufficiency: v1/h! v./ti! Michael W. Pettit Assistant County Attorney h:/PubliclLitigation/Open Cases/Richman/Settlement Agree&Mutual Rel.06130 I 13 February 9, 1999 Item #10A RESOLUTION 99-113 APPOINTING MEMBERS TO THE PELICAN BAY MSTBU ADVISORY COMMITTEE - APPOINTING LOU VLASHO, JOSEPH BAWDUNIAK AND THOMAS BROWN - ADOPTED COMMISSIONER NORRIS: Madam Chair, on the next one, I'd like to move that we appoint Bawduniak, Brown and Salzman. COMMISSIONER BERRY: I'll second that. CHAIRWOMAN MAC'KIE: Do you have a thought on that, Mr. Carter, since that is your district? COMMISSIONER CARTER: Yes, I do, because there has been some discussion with the MSTU. Mr. pires has withdrawn, and I was asked to recommend Mr. Bawduniak, Brown and Vlasho. CHAIRWOMAN MAC'KIE: Bawduniak, Brown and Vlasho. COMMISSIONER CARTER: Right. CHAIRWOMAN MAC'KIE: Vlasho. Do you have an objection to that, Mr. Norris, or would you amend your motion? COMMISSIONER NORRIS: I'll amend my motion to reflect Bawduniak, Brown and Vlasho. COMMISSIONER BERRY: And I'll amend my second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 129 FEB - 9 1999 RESOLUTION NO. 99-113 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE PELICAN BAY MUNICIPAL SERVICES TAXING AND BENEFIT UNIT ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 90-111 created the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee and provided that the Committee shall consist of nine (9) members; and WHEREAS, Collier County Ordinance No. 91-22 amended Ordinance No. 90-111, providing that the Committee shall consist of fifteen (15) members; and WHEREAS, there are currently three (3) 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. Joseph A. Bawduniak is hereby appointed to the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee for a four (4) year term, said term expiring on January 29, 2003. 2. Lou Vlasho is hereby appointed to the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee for a four (4) year term, said term expiring on January 29,2003. 3. Thomas C. Brown is hereby reappointed to the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee for a four (4) year term, said term expiring on January 29, 2003. This Resolution adopted after motion, second and unanimous vote. DATED:, F,ebruary 9, 1999 .. I'~', -", . ,)'~r' tY '/''i'" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA " ATTEST: DWIGHT E. B:ROG~ Clerk J' .' ~ r" ,.. I '. .,,"" '~4::.~~~~dl.(2 . i,' / ',~ '^] 1": 1,~ \, Attest as to'Chatrlan'l signature onlJ. By: P . l ,J ;T", t :~,~. . Approved as to form and legal sufficiency: -/:::,1 e th.~ ~ avid C. Weigel County Attorney DCWIkn February 9, 1999 Item #10B RESOLUTION 99-114 APPOINTMENT OF MEMBER TO THE CONTRACTORS LICENSING BOARD - APPOINTING CAROL PAHL - ADOPTED Contractor's licensing board. COMMISSIONER NORRIS: One and one. Motion to approve. COMMISSIONER BERRY: Seconded. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Passes unanimously. Page 130 FED - 9 1999 RESOLUTION NO. 99-114 A RESOLUTION APPOINTING CAROL HOLLE P AHL TO THE CONTRACTORS' LICENSING BOARD WHEREAS, Collier County Ordinance No. 90-105, as amended, created the Contractors' Licensing Board and provides that the Board shall be composed of nine (9) members appointed by the Board of County Commissioners with a minimum of two (2) members residing within the corporate city limits of Naples or recommended to the Board by the Naples City Council; and WHEREAS, effective October 1, 1998, Section 489.131(10), Florida Statutes, requires that every contractors' licensing board consisting of seven or more members must have at least 3 of those members qualify as consumer representatives. WHEREAS, there is currently a vacancy on this Board for the category of Consumer Representative; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from various interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Carol Holle Pahl meets the prerequisites for appointment and is hereby appointed as Consumer Representative to the Contractors' Licensing Board for a three year term, said term to expire on June 30,2002. This Resolution adopted after motion, second and majority vote. DATEQ:HRs;:!>~ary 9,1999 ~',,: ,,:,r;};'/;i~~(;, ATtEST" '."'. ",' ;,.. I G." . ,_ -~ :'lr},:.\'~_'~, ~_ 'I.." ,,~~ ,'"DwiGHT ,E:BROCK, Clerk :~i:" . "i:~ '~~~~;':"~'~' ....~ . " ',), I ,,"2'.,~;;.'#~~( - -1,4~ '~f/,~":I'., ,:.,':,'" ' Att,st 'as,':t:d 1C'ha1rllan' s signature 0111,. Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA J/1~~ a t1"~i~ David C. Weigel County Attorney DCWIkn February 9, 1999 Item #10C RESOLUTION 99-115 APPOINTMENT OF MEMBER TO THE IMMOKALEE BEAUTIFICATION MSTU ADVISORY COMMITTEE - APPOINTING DENISE SMITH - ADOPTED Immokalee MSTU. COMMISSIONER BERRY: Denise Smith. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Passes unanimously. I'll move for approval of the one person, Second. All in favor, please say aye. Page 131 FEB - 9 1999 RESOLUTION NO. 99-115 A RESOLUTION REAPPOINTING DENISE A. SMITH TO THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 86-65, as amended, created the Immokalee Lighting and Beautification District Advisory Committee and provides for five (5) members; and WHEREAS, Collier County Ordinance No. 92-40 provides that the Advisory Committee be retained for the Beautification District only; and WHEREAS, there is currently a vacancy on the Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that Denise A. Smith is hereby reappointed to the Immokalee Beautification Municipal Services Taxing and Benefit Unit Advisory Committee for a four year term, said term to expire on September 23,2002. This Resolution adopted after motion, second and majority vote. DATED: February 9, 1999 '...:~. f~ l~~! ~/)>>~.:,~\ ATTEST: it;" i. ' ,,' , .' . '_~'~~I.,.li DWIGHT,E;:BROCK~ Clerk ~,..I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ...... ...- .!;'. '.-,. ., 1," C :4i]j:.~~--1~ ~ '0" . " i " \'. ~I\, Atte~t as' t:9..,C,~a intan 'I s i gnatur-e"On 1J. Approved as to form and legal sufficiency: ~~~ .1./;-0/ David C. Weigel County Attorney DCWIkn February 9, 1999 Item #10D RESOLUTION 99-116 APPOINTMENT OF MEMBERS TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE - APPOINTING SABINA MUSCI AND BONNER BACON - ADOPTED Golden Gate beautification advisory commission. COMMISSIONER NORRIS: This is a little different. We have two and two. I'll move approval. COMMISSIONER BERRY: Second it. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Passes unanimously. Page 132 RESOLUTION NO. 99-116 FEB - 9 1999 A RESOLUTION REAPPOINTING MEMBERS TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 87-78, as amended, confirmed the creation of the Golden Gate Beautification Advisory Committee and provides that the committee shall be composed of five (5) members; and WHEREAS, there are currently two (2) 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. Sabina A. Musci is hereby reappointed to the Golden Gate Beautification Advisory Committee for a four year term, said term to expire on October 6, 2002. 2. Bonner G. Bacon is hereby reappointed to the Golden Gate Beautification Advisory Committee for a four year term, said term to expire on October 6, 2002. This Resolution adopted after motion, second and majority vote. DATED: February 9, 1999 . , . '~, " ATTEST:' ",j .'.:.'../., " ,."t'" DWIGHT E.BRboK" Clerk , " BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "" /, "~.,~.-'. ~ ...' .~, ''','.1., ~ , 7.ff~?!>~~~/P.€ DY:p Att'&st . ar:;t,O..'Cha 1 Mlan · 5 s1gnature'onl,y. Approved as to form and legal sufficiency: David C. Weigel County Attorney DCWIkn February 9, 1999 Item #10E RESOLUTION 99-117 APPOINTMENT OF MEMBERS TO THE BLACK AFFAIRS ADVISORY BOARD - APPOINTING AUDRE LEVY - ADOPTED Black Affairs Advisory Board. COMMISSIONER NORRIS: Levy. I'll appoint Audrey Levy. CHAIRWOMAN MAC'KIE: She's the new provost, right? COMMISSIONER BERRY: Yes, that's correct. CHAIRWOMAN MAC'KIE: Is there a second for that? COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Passes unanimously. Page 133 FEB - 9 1999 RESOLUTION NO. 99-117 A RESOLUTION APPOINTING AUDRE LEVY 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 Audre Levy is hereby appointed to the Black Affairs Advisory Board for the remainder of the vacant term, said term to expire on June 25, 2001. This Resolution adopted after motion, second and majority vote. DATED: leb~ary 9, 1999 . '. ~ ~l~'1 ATTEST: ',t:" ':'~,;DWIGHT E. BROd~~ Clerk . .J.. ~..I. : BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: t; -' ~..#. . -'''i~. ( , , -:~;,~{~~.'::'>r; ;. '. ' .~+ io/JJ?~'5d/l~~~ (l ~,1I,l\ ' Attest .sto~tha1n1an's s 1 gnature~ 'on 1 J . Approved as to form and legal sufficiency: ....-fI., / JI~(!~~ David C. Weige County Attorney DCWIkn February 9, 1999 Item #10F RESOLUTION 99-118 RE THE ARMY CORPS OF ENGINEERS USE THE DULY ADOPTED COMPREHENSIVE PLANS AS THE LAND USE ALTERNATIVE FOR THE ENVIRONMENTAL IMPACT STUDY THAT DOES NOT STRICTLY COMPLY WITH THE EXISTING COMPREHENSIVE PLANS - ADOPTED My personal favorite one next, the -- COMMISSIONER NORRIS: Motion to approve. CHAIRWOMAN MAC'KIE: It's 10(F). I strongly disagree with that. I didn't even want it to be on the agenda. I'll tell you that I sent that item out to does anybody know which one we're talking about? COMMISSIONER BERRY: Yes. CHAIRWOMAN MAC'KIE: A resolution to the Corps that we use the compo plan as the EIS map, basically. Which to me seems really stupid, frankly. Because if we're going to do that, why did we just spend this zillions of bucks to do the EIS to get the data? Why don't we get the data and see what it says before we decide what the end result should be? What a concept. And I'll tell you that I solicited advice on this from everything from the Department of Interior to the DEP to local environmentalists to, you know, just everybody I could think of, and unanimously what I heard back was please don't prejudge the results. Get the data before you know -- and know what the data is before you decide what the end result should be. COMMISSIONER NORRIS: Well, gosh, I just disagree with that whole concept, because that's not what we're saying in this resolution. We're saying we don't want the EIS to dictate what's in our compo plan. If we like what's in the EIS, there's not one thing to stop us from incorporating that into our Growth Management Plan in the future. But to have it go as proposed implied at least that the EIS would control our Growth Management Plan; in other words, have the federal government control local zoning. CHAIRWOMAN MAC'KIE: That's not the implication. COMMISSIONER NORRIS: It is. CHAIRWOMAN MAC'KIE: It may be the implication you want to draw, but it's been clearly stated by Colonel Miller that that is not his intention, and he speaks for the agency. So, do we have public speakers on this? MR. FERNANDEZ: Yes, Madam Chairwoman, we have two. David Guggenheim, I believe he's left, and Michael Simonik. MR. SIMONIK: My name is Michael Simonik. I'm the Director of Environmental Policy for the Conservancy of Southwest Florida, and I'm here on behalf of our 5,500 members and our 700 volunteers. This resolution is unnecessary, as Chairperson Mac'Kie has said, because it in effect condemns the EIS before it's even released. In good words, don't prejudge it before we've seen what's come out. It misrepresents what the EIS is intended to achieve. Page 134 February 9, 1999 There is a false statement in the resolution. Which I also question why we're having a resolution with Lee County as well. We are Collier County, not Lee County. But in the resolution, it states that the environmental impact statement for Southwest Florida may be used to replace the local land use regulations approved by the State of Florida and the Lee and Collier governments. That's a false statement. When, in fact, it's about information. That's what the EIS is about. It's information to help us make right decisions about our growth in the future. It looks at secondary and cumulative impacts of development. In another statement in the resolution, the county will be requesting that the Corps use the duly adopted compo plans of Lee and Collier Counties as the land use alternatives in completing the EIS. The fact is the compo plans were used. And I don't know how many times they stated it in our 22 full-day meetings that Collier County and Lee County prefer their compo plans as the preferred alternative. That's what we went on the whole time for 22 full days. Everybody knew that. Your message got across a long time ago. The whole idea of the EIS was to analyze a suite of alternates and compare them across a range of criteria, both environmental and economic. The Corps has been clear and is on record that their intent is not to usurp the county's role in making land planning decisions, rather this process gives us a chance to anticipate potential problems and opportunities in advance and resolve conflicts early on. The Corps has the responsibility to protect our wetlands, endangered species, and clean water in the federal acts, those three acts, under federal laws. If the intent is to ask them to do anything less on the EIS, you would be asking the impossible. They must do what the federal laws command them to do. And just as you don't want the Corps to tell Collier County how to do your job, we are requesting that you not ask and be respectful in not asking the Corps to abandon their job. Thank you. COMMISSIONER NORRIS: I have a question. We were just talking about them interfering with our compo plan, we're not trying to tell them how to do their job. CHAIRWOMAN MAC'KIE: Oh, yes, we are. COMMISSIONER NORRIS: Why would you -- excuse me. Why would you object to us reiterating our position, even though they have verbally committed to not interfere with it? As you well know, a lot of their verbal and written comments in the past have somehow fallen by the wayside, shall we say. MR. SIMONIK: They have responsibilities under the federal law, and that's what they're going to be doing. COMMISSIONER NORRIS: That wasn't my question. CHAIRWOMAN MAC'KIE: But COMMISSIONER NORRIS: My question was, why would you object to us reiterating our position? MR. SIMONIK: Because you have false statements in this resolution. They have never said that they may be used to replace Page 135 February 9, 1999 local land use regulations. they're going to do. CHAIRWOMAN MAC'KIE: It said exactly the opposite of what -- we're passing a resolution that says the Corps has said A, B, C. The Corps has said, in fact, we absolutely will not do A, B, C. We just continue to look back water and stupid, frankly, if we continue to pass these kind of resolutions. MR. SIMONIK: You can have a resolution if you disagree with some of the things in the 45-day comment period when the EIS comes out. Maybe it will do everything you want it to do. Why condemn it now? CHAIRWOMAN MAC'KIE: And the point that Mr. Simonik was making that I think is real important, too, and I failed to mention that other environmental groups brought forward to me was, there is a difference between what the Corps is doing and what we are charged with. We're charged with local land use decisions. The Corps is charged with evaluating cumulative impacts. We don't evaluate cumulative impacts. Therefore, our compo plan map may not exactly be what meets the federal law requirements that the Corps' charged to enforce. COMMISSIONER NORRIS: And that's fine. And they'll use whatever they want to use. CHAIRWOMAN MAC'KIE: Commissioner Constantine has asked us to wait until he gets out here to vote. Do we have any other speakers? I'm trying to wait. I sent Sue back there twice to tell him we're ready to vote. MR. FERNANDEZ: We have no other speakers, Madam Chairwoman. CHAIRWOMAN MAC'KIE: We have a motion and a second. Any further discussion? COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: right? COMMISSIONER BERRY: COMMISSIONER NORRIS: I make a motion that this resolution. CHAIRWOMAN MAC'KIE: Darn, looks like it COMMISSIONER BERRY: vote on it. CHAIRWOMAN MAC'KIE: Oh, and he's here. COMMISSIONER CONSTANTINE: Thank you very much. I apologize for that. COMMISSIONER NORRIS: this resolution. COMMISSIONER BERRY: And just reiterate where this resolution came from, because I'm not sure that everybody knows how this got to be on the agenda. CHAIRWOMAN MAC'KIE: All I know is Hendry County sent it over to me. I sent it around to all of you. I think Commissioner Constantine They have constantly said that's not what We did? Yeah, you made it and Barbara seconded it, I didn't do anything. I didn't make a motion, but I will. we approve this resolution, that we adopt Is there a second? died for lack of one. Oh, I can make a second. At least we can There's a motion on the floor to approve Page 136 February 9, 1999 COMMISSIONER NORRIS: planning council. COMMISSIONER CONSTANTINE: I asked if we could put this on, because it's consistent with the discussions we had in the past and what the RPC had done. And if it looks like we're going, I don't mean to discuss it. COMMISSIONER BERRY: No, no, just so everybody knows how it got to be here, that it didn't just -- we didn't create this document. This is something that had been proposed. Commissioner Norris made a motion and I seconded it. CHAIRWOMAN MAC'KIE: Are we going adopt the resolution that's in front of us, even though it says things about Lee County and -- COMMISSIONER CONSTANTINE: Substituting Collier County where appropriate, I suppose. MR. WEIGEL: This resolution addresses both Collier and Lee Counties, as did the Hendry County model that came before it. You may alter it as you wish. It's legally sufficient either way. COMMISSIONER NORRIS: Did you look at this and clean it up before you put it on the agenda here? MR. WEIGEL: We made almost no change whatsoever. We just put in Collier County where Collier County was appropriate. It was a Hendry County resolution model. COMMISSIONER NORRIS: You've looked at it and we're not adopting something for Lee or Hendry? MR. WEIGEL: No. It references Lee County. CHAIRWOMAN MAC'KIE: Would the board want to add a whereas, we don't care what the Corps information actually says, we're going to prejudge it and condemn it before we see it? COMMISSIONER CONSTANTINE: No, that's not what we're saying. CHAIRWOMAN MAC'KIE: That's exactly what you're saying. It's exactly what -- COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: All in favor, please COMMISSIONER CARTER: COMMISSIONER BERRY: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Aye. Passes 4-1. What a shock. COMMISSIONER CONSTANTINE: And I apologize. I promise that I will be right back. CHAIRWOMAN MAC'KIE: We're voting on whatever it is. COMMISSIONER CONSTANTINE: Oh, please do. Don't slow down on -- I had conversations in the regional It is not. Okay. Motion say aye. Aye. Aye. Aye. Opposed? and a second on the floor. Page 137 FES 0 9 1999 RESOLUTION NO. 99- 118 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA REQUESTING THAT THE ARMY CORPS OF ENGINEERS USE THE DULY ADOPTED COMPREHENSIVE PLANS AS THE LAND USE ALTERNATIVE FOR THE ENVIRONMENTAL IMPACT STUDY FOR SOUTHWEST FLORIDA; OBJECTING TO THE USE OF ANY LAND USE ALTERNATIVE IN THE ENVIRONMENTAL IMPACT STUDY THAT DOES NOT STRICTLY COMPLY WITH THE EXISTING COMPREHENSIVE PLANS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Army Corps of Engineers ("Corps") has undertaken an Environmental Impact Study for Southwest Florida to study the impacts of the Clean Water Act Section 404 permitting program on the area; and WHEREAS, the State of Florida, through the Department of Community Affairs, and Lee and Collier Counties have requested that the Corps use the Comprehensive Plans Developed for each County in its environmental Impacts Analysis; and WHEREAS, the local Comprehensive Plans were developed, adopted and approved pursuant to the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act" adopted by the Florida Legislature; and WHEREAS, the citizens, businesses, and governments of Lee and Collier Counties expended tens of thousands of hours and millions of dollars in developing the information needed to support the decisions encapsulated in the Comprehensive Plans and the Future Land Use Maps for both Counties; and WHEREAS, the Corps has appointed an Alternatives Development Group which developed a number of different land use alternatives for the Corps' use in developing the Environmental Impact Statement for Southwest Florida, most of which conflict with the land uses designed by the duly adopted Comprehensive Plans; and WHEREAS, the land use alternatives proposed by the Alternatives Development Group are significantly more restrictive than the adopted Comprehensive Plans; and WHEREAS, the documents in the public domain and the public comments made by the Corps staff and the participants in the Alternatives Development Group indicate that the Environmental Impact Statement for Southwest Florida may be used to replace the local land use regulations approved by the State of Florida and the Lee and Collier Counties governments; and WHEREAS, the Corps has stated that the Environmental Impact Study for Southwest Florida will. serve as a template for evaluating and regulating other projects in the State of Florida. - 1 - FEB 0 9 1999 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board requests that the United States Army Corps of Engineers, Jacksonville District, use the duly adopted Comprehensive Plans of Lee and Collier Counties as the land use alternatives in completing the Environmental Impact Statement for Southwest Florida or limit the use of the Environmental Impact Statement so that it will not, either facially or as applied, act as land use or zoning regulations. 2. The Board strongly objects to the Corps' use of any land use alternative in the Environmental Impact Statement for Southwest Florida that will result in land use or development controls that are not in strict compliance with the local Comprehensive Plans developed and adopted in compliance with the laws of the State of Florida. 3. This Resolution shall be effective upon adoption. This Resolution adopted this /.i:!f day of ...i7'~ . 1999 after motion, second and majority vote favoring same. ATTEST: "'W~i, . DWIGHT E./BROck, Clerk " .. 'It~:-;. t' "." , -~ ; ........... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA :~: ,;1;.aL."~fi1 ~ /." '. Attest'_.s to Chai""s signature onl1~i' ' Approved as to form and legal sufficiency: / ~~"- & ~ David C. Weigel County Attorney - 2 - February 9, 1999 Item #11B DISCUSSION REGARDING MARY WILKOOM AND THE LEASE/PURCHASE SPACE FOR THE SHERIFF'S DEPARTMENT - ITEM 8D1 TO BE RECONSIDERED IN TWO WEEKS CHAIRWOMAN MAC'KIE: We have public comment on general topics. Do we have any speakers? MR. FERNANDEZ: You have one speaker, Madam Chairman. Mary S. Willkomm. MS. WILLKOMM: My name is Mary S. Willkomm, and I represent developer Joe Magdilaner. I'm with Kersey, Quade. I apologize, I'm speaking in reference to the construction of the building for the county. And I apologize that I did not bring this up earlier, but I had understood, I had talked to people with the county that this was going to be put out to public bid and, therefore, it was not appropriate for me to speak at this time. And therefore, I did not want to slow the process down by interjecting my thoughts and our plans, because I thought that was a more appropriate thing to do, to do it in a timely fashion. However, considering the Board's vote, obviously it has to be brought up at this time. I project -- I asked that the county approves that a developer that we've been working with at great length to build a building specifically for the county, if they so desire a 60,000 square foot building, as well as a 30,000 square foot building on the same piece of property, six acres, that would be a compound of sort for the county. That would be exactly to their specifications. He has the financial wherewithal and the staff with the building company that I think everyone in the county would be enormously pleased with. It's at a rate that's extremely competitive. And I don't think anyone in the city could build this building as quickly and with the quality that this particular company could do that. CHAIRWOMAN MAC'KIE: Where's the property? MS. WILLKOMM: It's on Horseshoe Drive. And I only propose we have the same 30-day period for this proposal -- I would have had it, as I say, for today's meetingi I just didn't think that it was supposed to be brought up at today's meeting -- with which to present this proposal, and it can be fully strictly for lease, if that's what the county would want. It would have options to purchase whatever the county desires. But within that 30-day period that Mr. Arnold has, we'd like to present exactly the same sort of proposal. COMMISSIONER NORRIS: You know, the problem is, you're trying to get in there and have a bidding war out on the County Commission floor. Where were you for the last six months? I mean, if you want to build this building, where have you been? MS. WILLKOMM: For the last six months, is that what you said? COMMISSIONER NORRIS: Yeah, we've been talking about this for a while now. Page 138 February 9, 1999 MS. WILLKOMM: Well, actually, the fellow in question just bought the CDS building, and so we have been talking to him and I have been talking to people at the county about building this building. But I was told that the first thing on the agenda was going to be to get it resolved where they were going to put people in the immediate -- that the immediate problem was getting people out of building A, and that once that was resolved and that the lease space was resolved -- I also happen to represent the people who own the CDS building, or leasing the CDS building, and that was supposed to be leased by the county. And so that was supposed to be addressed first and then the issue of building the building was going to be put out to public bid. As a matter of fact, on the proposal, on the item, it's item 8(D) (1), it is said that the proposal is to put out to public bid the building of a building for the county. And so I really was trying to do things through the right channels and not circumvent things and not try to come in through the back door. And I was waiting because I thought that was the appropriate thing to do. COMMISSIONER NORRIS: Who on the staff knew about this? MR. OCHS: For the record, Leo Ochs, support services administrator. I want to make sure I understand what you're proposing. You're proposing to lease office space. MS. WILLKOMM: No, we're proposing to well, we did have CDS office space available for lease. MR. OCHS: Correct. MS. WILLKOMM: The gentleman that owns that building -- it is not CDS; CDS is now leasing that building from him -- is proposing to build two buildings for the county. CHAIRWOMAN MAC'KIE: The question was, have you spoken to her about this before, or has someone on your staff spoken to her about this, or some representative of her -- MR. OCHS: No, we just, as the Board knows, just today made a proposal to move forward with your space plan and solicit RFP's to actually build a building that the Board would own. And as I understand the direction from the Board earlier on that item, we're still going to move forward with that. MR. FERNANDEZ: Madam Chairwoman, I was not aware of this proposal and I -- CHAIRWOMAN MAC'KIE: Thank you for answering the question. MR. FERNANDEZ: -- and I have not been informed by my staff that this particular proposal was there. I am aware that we had received other contacts. And in fact, I have with me one that came in the mail yesterday from a Steve Havland (phonetic), a real estate salesman, who's essentially asking to be considered as well. Mr. Ochs made reference to that fact during his presentation that there had been other contacts. I don't know if this is specifically one of those that we had received. MS. WILLKOMM: I've been talking with Mr. Michael Dowling about it for -- not for six months, certainly, but probably for about four weeks or so. Page 139 February 9, 1999 CHAIRWOMAN MAC'KIE: Let me ask, is it possible that when is it possible that during the next 30 days she can be designing her building and Havland can be designing his building and they can come in and we'll decide which one to lease in 30 days? MS. WILLKOMM: Actually, we had already just started the process. We've already hired -- CHAIRWOMAN MAC'KIE: Let me MS. WILLKOMM: Okay. CHAIRWOMAN MAC'KIE: Let me just ask this question. Can we have a public hearing in 30 days about which space we want to lease? MR. OCHS: Yes. That's what we're MR. WEIGEL: Madam Chairwoman, my answer is no, because you have authorized to lease with Arnold & Arnold today, and we have a commitment, unless the Board should make a change through reconsideration. CHAIRWOMAN MAC'KIE: Well, there you go. So we can't do it. MS. WILLKOMM: That's why I was trying to speak prior to you making that vote. And the reason I didn't -- I asked specifically, I said should I put my name in to speak, and I asked before you all started. CHAIRWOMAN MAC'KIE: Who did you ask? MS. WILLKOMM: I asked Michael Dowling. Apparently that wasn't the appropriate person to talk. But that's who I've been talking with. And I thought that was the channel through which I should work, because he is with the lease -- I understood that he was with the -- he was in charge of leasing space for the county. I thought to go to the commissioners and talk to the commissioners directly would be absolutely circumventing the proper channels, and I thought that was the one thing you shouldn't do. And therefore, I asked -- CHAIRWOMAN MAC'KIE: She's right. MS. WILLKOMM: -- I asked -- I mean, I've been talking to him for weeks about this. When should I present it, when should I have this proposal done, when should I have my elevations done? And every time -- I wanted to do it at the last -- you know, every time I've been told it's not right now, right now we have an emergency situation trying to get the people out of building A. Do not do it now. As soon as that's done, then we'll have your proposal prepared. CHAIRWOMAN MAC'KIE: And this is exactly what Leo has tried to warn us about, frankly, by trying making the presentation that he made to us today. So my question is, Mr. Weigel, what -- I voted with the majority. What could I do, if I wanted to be able to hear proposals for a pure lease of space in 30 days? Because we are going to hear proposals for purchase whenever the RFP process goes. MR. WEIGEL: Okay. I think there's a twofold answer here, and that is you can even now direct and have staff assist to get proposals conceivably even at the next Board meeting two weeks from today. But in the meantime, you have made -- the Board has made a commitment with Page 140 February 9, 1999 Arnold & Arnold in regard to this, and it may be appropriate, without necessarily changing the status quo, to entertain a motion to reconsider today, which you can do at the very same meeting, to get things in motion so that that could come up and be a part of discussion at the next meeting two weeks hence. At the same time, based on the discussions that have been -- that were had with the Arnold concern earlier today and with staff telling them to do all things forthwith to proceed as best they can, I would expect it's to the entrepreneur's interest and to the county staff's interest to continue along that line as if it's not going to be changed, but to bring you back, you, the Board, back all possibilities two weeks from now, which would be also entertaining the motion to reconsider, I would suggest today. MS. WILLKOMM: I wish I had made a motion to speak ahead of time. But as I say, I asked several times if I should have. Because I did see that it said you have to put it in before the agenda item comes up. CHAIRWOMAN MAC'KIE: I appreciate that. MS. WILLKOMM: And I asked over and over, should I put it in, should I put it in. They said no, it's not going to be an issue for today. That's for next time. CHAIRWOMAN MAC'KIE: But your point is that if we lease space to somebody else, then -- MS. WILLKOMM: It's a done deal. CHAIRWOMAN MAC'KIE: -- you're afraid you don't have a fair shot at the RFP for purchase? Because you do. MS. WILLKOMM: Well, because -- but the thing about it is, first of all, my client is totally willing to lease it to the county. He would love to lease it to the county. I would have thought that -- my understanding is, too, the county would rather buy the space, because they feel that it is more financially -- CHAIRWOMAN MAC'KIE: Yeah, but we got to get in faster than that. MS. WILLKOMM: Right. So that would be -- he would lease it, he would have it available for purchase, whatever you would desire. My only point is, once they move into a new building, it's going to be a lot more difficult. I don't feel in the interest of everybody who's bidding, that anyone can say it's equitable. It's just not. And my only feeling is I've done everything I can do to try to go to the correct channels. Not to come to the commission and circumvent everybody, you know, and say hey, I want to speak, regardless of what channels I'm supposed to go through. CHAIRWOMAN MAC'KIE: Is there an interest on the Board to reconsider the earlier action to the extent that in two weeks we have all of the potential lease proposals presented to us? COMMISSIONER BERRY: It's really the fair way to do it. Because I don't think this went out on the street that we were entertaining lease proposals. And in my opinion, it is fair. I think she is -- CHAIRWOMAN MAC'KIE: I agree. Page 141 February 9, 1999 COMMISSIONER BERRY: -- she's tried -- certainly has tried to do it the right way, and she's been penalized because she didn't barge up here and make her way to the podium and demand our attention. So I think she's I think it's a fair representation, I really do. CHAIRWOMAN MAC'KIE: So we would have, if this -- COMMISSIONER BERRY: It should be advertised, in my opinion. I don't know if we have to, but to me it seems like the fair thing to do is if we're going to go in this direction of this lease situation, then we really ought to advertise this. CHAIRWOMAN MAC'KIE: And the advertising -- COMMISSIONER BERRY: Maybe it's not required, I don't know. Mr. Weigel would have to tell us. CHAIRWOMAN MAC'KIE: The advertising would be -- because the only way I'm even considering reopening this or, you know, voting to reconsider would be if in two weeks people can come back in here to pitch a deal that is at least as good as the Arnold deal, and that is five months and a month-to-month lease, if that's what we want, et cetera. COMMISSIONER NORRIS: Are you willing to make a representation that MS. WILLKOMM: The only thing COMMISSIONER NORRIS: Excuse me. MS. WILLKOMM: Oh, I'm sorry. COMMISSIONER NORRIS: Jesus. Are you willing to make a representation that you're can build that building in five months, like Mr. Arnold? MS. WILLKOMM: Five months from the time that permits are issued? COMMISSIONER NORRIS: Uh-huh. MS. WILLKOMM: My fellow had told me that it would probably be more in the neighborhood of -- if you're talking about Certificate of Occupancy, where you actually are in with floors and everything else, that realistically from the time of permitting it would be more like six and a half months. And my -- CHAIRWOMAN MAC'KIE: That's a different deal. MS. WILLKOMM: Well, my fellow has tremendous staff capabilities. And I will tell you also, that as far as doing the tilt-up wall systems, I've been a general contractor for 20 years, and the block walls are the fastest things to go up. In a matter of a few days they go up. A tilt-up wall system is not the time-consuming aspects of building. And if you've looked around the county right now, there is an enormous shortness of any kind of subcontractors. And someone without their own staff to build a 70,000 square foot building in five months I feel is a pretty amazing accomplishment, if not impossible. CHAIRWOMAN MAC'KIE: In 30 days under the vote we already took, will we be seeing a lease from Mr. Arnold's company? MR. OCHS: The commitment was that staff would finish the interior design and program for the public works occupants so that Mr. Arnold could then go for permit within 30 days. Page 142 February 9, 1999 CHAIRWOMAN MAC'KIE: And that would be completed within 30 days? MR. OCHS: Yes, Commissioner. CHAIRWOMAN MAC'KIE: So when he goes for permits within 30 days, we would have a floor plan, we would have a design so than at a lease could be presented to us in 30 days. MR. OCHS: Whenever he can present the lease, based on that floor plan that we give him. CHAIRWOMAN MAC'KIE: So Mr. Weigel, if he presents us a lease in 30 days and someone else shows up with a better proposal on that day, can we take the better deal? MR. WEIGEL: Well, you can, but only if you entertain a motion to reconsider today, which, you know, we don't do those very often. However, we are in called the luxury, if you will, of a motion to reconsider being made the very day of the item having been heard, which puts us into a two-week process rather than a two-meeting process. Because the motion is heard today rather than at the next meeting subsequent to a memo -- CHAIRWOMAN MAC'KIE: Does anybody want to make that motion? MR. WEIGEL: -- being submitted. COMMISSIONER NORRIS: Well, why don't I make a motion that we will reconsider the vote today, only to the extent that we will accept proposals for leases at the meeting two weeks from today. CHAIRWOMAN MAC'KIE: That meet or exceed the terms -- COMMISSIONER NORRIS: Well, we'll consider. If they don't meet the terms, that's -- MS. WILLKOMM: Right, the square footage -- cost will actually be to your advantage. COMMISSIONER NORRIS: Wait a minute, wait a minute, wait a minute. Let me withdraw that motion. That's completely unfair, because she already knows the terms of the other guy's lease. MS. WILLKOMM: Well, actually, I -- COMMISSIONER NORRIS: I just can't do it. Can't do it. MS. WILLKOMM: Actually, I don't know the exact terms. I know what COMMISSIONER NORRIS: It's printed in the documents. COMMISSIONER BERRY: Commissioners, I think we have really erred in this whole process. I think we -- I think the whole thing has been drummed up as a sympathetic kind of ear to a group of people that no doubt are experiencing some problems. And I think that we have let that overtake the judicious way in which we should be approaching this whole problem. I fully -- you know, and I'm one of them. I sat up here -- I sat here with four other people, and I'll certainly take my share of the blame for it. But I don't think we have exercised very good judgment today in this whole process. I think this is a jerky turkey kind of thing that we've done today, frankly. COMMISSIONER CONSTANTINE: A jerky COMMISSIONER BERRY: Well, I think situation. I think that we've not been we should have been in this whole process. Page 143 turkey. it's put our staff in a bad we've not been up front as If we were interested in February 9, 1999 getting someone else involved in doing some buildings for Collier County government, then we should have been putting something out on the street and letting everybody know about what we were doing. Whether it's a lease, whether it's -- whatever it is, we should have been doing that. But we didn't do that. CHAIRWOMAN MAC'KIE: So now what? COMMISSIONER BERRY: Well, we got a problem. And I think at this point in time I'd like to vote to reconsider. But at the same time, I sure would like to know from staff where we can go from it. Because Commissioner Norris is absolutely right, everything has been laid out here in terms of what we're going to do. So it really is not fair. It's not -- frankly isn't fair to Mr. Arnold, it isn't fair to this lady either, or it isn't fair to people in the public, you know, that might be interested in getting involved in the process. So we've got a problem. COMMISSIONER NORRIS: Can I say -- COMMISSIONER CARTER: Madam-- CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER NORRIS: There's absolutely no reason why this lady can't participate in the RFP process. CHAIRWOMAN MAC'KIE: I'm clear on that. Commissioner? Oh. Mr. Fernandez? MR. FERNANDEZ: Madam Chairwoman, I was just going to say, that's why we have the public processes that we have. They're cumbersome, they take longer than we'd like for them to take sometimes, but that's exactly the reason why we have them. And that's why we recommended what we did. CHAIRWOMAN MAC'KIE: So John, let me just say this: Yes, the financial terms of that lease are on the table. So all we would have for competition, if we got other pure leases -- again, pure lease, no promises for option to purchase -- is the financial stability of the company making the proposal. The ability -- the track record of the company and the ability -- because the critical piece to me is who can finish it in five months? Can they really finish it in five months? COMMISSIONER BERRY: Well, you don't know that, Pam. You don't even know that from what you did today. CHAIRWOMAN MAC'KIE: You're absolutely right. COMMISSIONER BERRY: Okay? There's no guarantee on that. You could have something, some kind of a situation exist that even Mr. Arnold had not anticipated, and seven, eight months from now you could still be sitting here wondering when you're going to get into that building. There is no guarantee in this. CHAIRWOMAN MAC'KIE: But I'm willing to look at leases again in two weeks, understanding that the financial terms of the lease are bound to be the same, because everybody's seen them. But then we can at least analyze the ability to produce the desired result. COMMISSIONER CARTER: Is your property in the same location, Horseshoe? MS. WILLKOMM: It's on Horseshoe Drive, yes, sir. Page 144 February 9, 1999 COMMISSIONER CARTER: Okay. And the second thing that was of concern to me is that we had the option to buy. I mean, that's to go to RFP, I understand that, but that was our whole intent is that we would be able to buy that property to meet our space plan. MS. WILLKOMM: Absolutely. That would be no problem whatsoever. And it would be exactly the specifications that you would need with the 60,000 and the 30,000 square feet, with an option for the county to buy one or both buildings. CHAIRWOMAN MAC'KIE: And what we're going to want to hear is who can do it quickly. MS. WILLKOMM: I would be absolutely delighted to give you a lot of their track record and their history and their financial wherewithal, because that to me, I don't think anyone could touch that there. They have proved themselves over and over and over again. CHAIRWOMAN MAC'KIE: God, I hate it when I just yell at the staff and it turns out they're right. MR. FERNANDEZ: We hate it, too. MR. WEIGEL: It doesn't happen often. CHAIRWOMAN MAC'KIE: Okay, well, I guess -- well, there's not a motion on the floor. Does anyone want to make one? COMMISSIONER BERRY: Where does this put us at if we reconsider this? MR. WEIGEL: Well, a motion to reconsider today, if approved, merely puts the item in contention for reconsideration two weeks from now. It does not mean that you will change the vote from today, that will be at your discussion two weeks from now, and you conceivably would have other information to assist you in your determination of what to do. If you don't make a motion to reconsider today, you still have the elective. One commissioner who voted in the majority, I think it was a 5-0 vote -- CHAIRWOMAN MAC'KIE: Yeah. MR. WEIGEL: -- could in the meantime write a memo to the county administrator requesting to have a motion to reconsider placed on the agenda, and the motion that you're not making today could conceivably be placed on the agenda two weeks from now and you lose two weeks if you wish to go forward. COMMISSIONER BERRY: We're just wasting time. I'll make the motion to reconsider. Let's get going, for goodness sakes. CHAIRWOMAN MAC'KIE: Motion and a second. Opposed? COMMISSIONER NORRIS: Aye. CHAIRWOMAN MAC'KIE: Passes three to one -- four to one? Four to one. See you in two weeks. MS. WILLKOMM: Thank you very much. MR. WEIGEL: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes, sir. Is there a second? I'll second it. All in favor, please say aye. Page 145 February 9, 1999 MR. WEIGEL: One final comment here with the people in the room and the staff and the county attorney office, next Monday is a holiday. There's going to be very little time between now and two weeks from now to get things into the printed agenda from anyone that is interested in participating and providing information. So I would suggest that -- we were going to do this anyway, but I think it's good to get it on the record, that staff, county attorney office, county administrator will work diligently to contact those people, those entrepreneurial concerns that have already solicited the county in this regard, as well as make solicitation and put out a drum beat for others that wish to in a very quick businesslike way get back to us so that you'll have as much information as you can, both in regard to the ability to provide a project in a short completion period, as well as the information of a substantiality of the concern that's offering to do it. CHAIRWOMAN MAC'KIE: Big factor right there, as far as I'm concerned. Okay, boy, this has been fun. Let's start on the afternoon agenda. Item #12B1 PETITION PUD-98-17 BLAIR A. FOLEY, P.E., OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING JAMES GORMAN, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WHITTENBERG ESTATES PUD FOR A MAXIMUM OF 114 SINGLE FAMILY AND MULTI- FAMILY DWELLING UNITS ON PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (S.R. 84), EAST OF WHITTEN DRIVE - CONTINUED FOR TWO WEEKS CHAIRWOMAN MAC'KIE: We have 12(B) (1), which is a PUD. Would all persons wishing to be heard on this matter, please stand, raise your right hand and be sworn by the court reporter. COMMISSIONER BERRY: Madam Chair, I'm going to have to abstain from this vote because I have a conflict of interest. My husband has a business dealing with this particular individual, so I will not be involved in this. CHAIRWOMAN MAC'KIE: Appreciate that. Madam Court Reporter. (Speakers were duly sworn.) CHAIRWOMAN MAC'KIE: Does anybody have any disclosure on this item? COMMISSIONER CONSTANTINE: I have had contact with a number of residents in the area on this. COMMISSIONER NORRIS: I've had some contact from residents as well. CHAIRWOMAN MAC'KIE: Anything? I don't have any. Yes, ma'am. MS. MURRAY: Susan Murray, Current Planning. The petitioner is proposing to rezone the subject 38-acre site from agriculture to PUD in order to develop a single mixed-family and Page 146 February 9, 1999 multi-family development project for 114 total dwelling units at a density of three dwelling units per acre. Access to the site COMMISSIONER NORRIS: Could I stop you right there? 37 divided into 114 leaves 3 left over. 111 would be three units per acre. MS. MURRAY: I'm sorry, it's three dwelling units per acre times COMMISSIONER NORRIS: Three times 37 is 111. COMMISSIONER CONSTANTINE: 38 acres? MS. MURRAY: I'm sorry, I misspoke. It was 38 acres. My apologies. You're quick. COMMISSIONER NORRIS: It said 37 on mine. MS. MURRAY: Thank you. I'm sorry about that. Thanks for catching that. Access will be provided via an interconnect onto Whitten Drive, which is located on the Whittenberg PUD to the west of the site. COMMISSIONER CONSTANTINE: That's actually the objection I have. I realize that you are probably getting frustrated being interrupted every sentence, but that's the concern I have is this is -- whittenberg is actually a gated community, and the proposal is to the access into this new community behind whittenberg's gate, and community is less than excited about having the additional access through there. So I'm wondering if there's not some alternative that the developer could do at his expense that would not require him to use what has been sold to these people as their own private access. MS. MURRAY: That would be up to the petitioner's agent. But let me just fill you in a little bit, if you don't mind, on the history of the whittenberg PUD. Because it's important to note that when that PUD was adopted, there was language in the transportation section of that document that stated that there would be an interconnect possibly to the property to the east, and there is actually a physical tract on that master plan that shows that. CHAIRWOMAN MAC'KIE: So it might have been an unreasonable expectation. COMMISSIONER CONSTANTINE: No. Actually, I was going to say that that may be true, the way it was crafted. It would not be impossible -- as I drive out there to look at it, anyway, it would not be impossible to still have -- you may have to move where the gates are right now, but to have the gates existing and allow Whittenberg to still have their private gates and still have access from that road over onto this property, and that would solve both problems. You wouldn't need the extra access onto Davis, but you wouldn't -- whether that was included in the PUD or not, that's not the bill of goods that was communicated to those folks who purchased in there, unfortunately. And they have some reasonable expectation of having a private gated community. CHAIRWOMAN MAC'KIE: have the come Mr. Foley, is it a problem you can solve for us? MR. FOLEY: For the record, Blair Foley, representing the petitioner. Page 147 February 9, 1999 Mr. Kant is here also. He was involved in the initial PUD discussions. But from a practical standpoint, Mr. Constantine, from what you said, you'd want to move -- perhaps move the gates beyond that potential tract in access to the other property? COMMISSIONER CONSTANTINE: I'm just suggesting that it appears you might have to in order to comfortably get access over there. If you can get access with going through those gates and without moving them, that would be great. I'm just suggesting if they need to be moved in order to get that access without going through those gates, that would certainly be an option. MR. FOLEY: I don't know if that -- the developer, yeah, I'm here to represent him. It hadn't been a consideration. He did indicate to me, Mr. Gorman, that he has worked with the community and it had been an issue with them for some time. However, from a safety standpoint, there really is limited access to this piece because there is a DOT retention pond to the front that precludes access directly off Davis Boulevard in a safe fashion. To put another access point off Davis Boulevard would put it -- COMMISSIONER CONSTANTINE: That's not what I'm suggesting. MR. FOLEY: I understand what you're saying. CHAIRWOMAN MAC'KIE: Would somebody show me a sketch of what we're talking about? MS. MURRAY: Right on your visualizer. CHAIRWOMAN MAC'KIE: It's not on here. MR. FOLEY: There's a map over here. COMMISSIONER CONSTANTINE: There's a gate about right here. MR. FOLEY: If I could, Madam Chairwoman, could I get Mr. Kant to add some of his issues? He's got resources here in setting up the initial stipulations. I'd appreciate his input as well, just from a county's standpoint and a staff's standpoint. I'm here to answer any questions regarding after we hear from him. COMMISSIONER CONSTANTINE: Before we hear from Mr. Kant, are you suggesting that you're unwilling to do that to try to accommodate the folks who are already in existing homes? MR. FOLEY: Yes. Because what I'm hearing from the developers, he let them know as part of their purchase that this was the issue. All I can do is speak on what information I'm hearing. COMMISSIONER CONSTANTINE: What I'm hearing from the residents is contrary to that. Just so you know, you're letting me know you're unwilling to do that, I'm unwilling to vote for the PUD as it is currently is suggested without doing that. MR. FOLEY: Okay. Very good. MR. KANT: Edward Kant, Transportation Services Director. There are a couple of factual issues that may be of some importance to you. One is the -- there is an existing turn lane along Davis Boulevard in front of this property. If you look on the visualizer, you'll notice that there are two tennis courts. And this is roughly where the turn lane is. Everything to the east of those Page 148 February 9, 1999 tennis courts and the little hut that serves the tennis courts, the recreational area there -- MR. ARNOLD: Nice game. CHAIRWOMAN MAC'KIE: Mr. Arnold, please. MR. ARNOLD: Cute. MR. KANT: -- is part of the -- CHAIRWOMAN MAC'KIE: That's why we have the bailiff. MR. KANT: -- Florida Department of Transportation pond. This development effectively has no frontage for additional access point. I can't be certain of the timing, but it would not be unreasonable to anticipate that at the time that the Florida Department of Transportation was negotiating for that pond site that that was a consideration in allowing that Tract S, which is the little access tract about six hundredths or so of an acre to serve as the future access to that property. There is no access to Radio Road, nor is there any interconnect to any other adjacent property. So for all practical purposes, the only access to that property would be through that Tract S. CHAIRWOMAN MAC'KIE: But all that Commissioner Constantine is showing me on the visualizer, and maybe we need him to come down there and point it out to you, is to just move their access a little closer to Davis, thereby having it ahead of the gates into this Whittenberg development. COMMISSIONER CONSTANTINE: Get a little creative with two acres. MR. KANT: I'm just trying to answer the question that's posed to me. COMMISSIONER CONSTANTINE: I'm not by any means suggesting that we should have another cut onto Davis. I'm suggesting there is a way to use the front of this access, to use this little roadway as it abuts or as it connects with Davis without having to go through the gates. And that may require moving the gates a little bit back. But I would think you'd be able to solve both of those problems. MR. FOLEY: You say go ahead and continue the development of the interconnect within the tract that was platted and just, if it's possible, to soften the turn? COMMISSIONER CONSTANTINE: Yeah, bring the road forward, if you need to move the gates back a little bit. That still gives these people the protection they were sold and the privacy they were sold but still allows you to have your access over into that PUD. CHAIRWOMAN MAC'KIE: Mr. Kant, do you see a problem with that? MR. FOLEY: I want to add one other thing, if I could. The tract that you see that runs along Davis Boulevard, there's a canal system. This is the last piece of that canal system. That's not been dug. So that again isn't really the issue here, because you're not asking for another interconnect on Davis. CHAIRWOMAN MAC'KIE: Right. So is it something -- MR. FOLEY: We can visit the opportunity of moving it. But I'd like to make it clear and on the record that we must stay within the platted tract as set forth. It's not going to accomplish a whole lot, Page 149 February 9, 1999 to be honest with you, when you look at the design. I don't know if it's going to be enough for the residents to agree to this. CHAIRWOMAN MAC'KIE: They might have to back their gate up. MR. FOLEY: The gate is not -- I don't think that's a big issue. I'm representing the petitioner. COMMISSIONER CONSTANTINE: We'll hear from him. That's all I'm asking. I don't have any expectation you are going to have to connect to Davis. I just want to be careful. Somebody sent me earlier today a separate but similar item where what's in the public documents and what is advertised and sold to people is different. And that is, Hideaway Beach and the ad says, you know, private beach. The only people you will see are your invited friends and neighbors. If I have a boat or if I can get there, whatever way that I can get there, I can use that beach. But the people that buy there may not realize that. And so they have an expectation that, you know, is different than what they're -- or what they're being told is different than what public documents may say. And in this case, we have an opportunity, I think, just to stay consistent with what they're told. MR. FOLEY: That's fine. I have no knowledge really of what it said. If Mr. Gorman was here, he could respond on his own behalf, because I wasn't involved in any of the meetings that they had. But I'd like an opportunity to rebut. CHAIRWOMAN MAC'KIE: Of course. We'll go to public speakers. MR. FERNANDEZ: First speaker is Scott Bonham and then Robert Hillier. MR. BONHAM: Good afternoon. My name is Scott Bonham, for the record. And my wife and I purchased and live in a unit at villas at Whittenberg, is the name that we bought it under. I'd like to start out by saying that Jim Gorman fulfilled all promises that he made at the time of our purchase, our signing the purchase documents, to our satisfaction, so far as building the building, the quality of it, what we received for the money we spent. CHAIRWOMAN MAC'KIE: Nice to hear. Thank you for saying that. MR. BONHAM: Well, if he would thank me, that would be great, by doing what we need done. My wife and I signed our purchase documents on May 2nd, 1997. We moved in the week before Thanksgiving the same year. What was proposed at purchase was that the development would encompass 61 residential buildings, which would be 122 units. They're built as duplexes side by side, one story, a clubhouse and a pool. One entrance/exit, gated, one street through our development. Adjacent property on the east side, which then was called Embassy Woods. Jim Gorman stated that he would like to get that property to develop it. But also, he felt that Embassy Woods would like to get that property to put on nine more holes of golf. There was an update -- let me back up. That was stated at the time that we signed our documents of purchase. Several weeks ago there was a meeting called by Jim Gorman in our clubhouse, and quite a few of us attended. He called it an update meeting on the situation regarding the adjacent property. Page 150 February 9, 1999 Jim informed us that he had been able to purchase -- I think that should be stated, had the option to purchase, and his intention was to build single-family and/or duplexes much like ours, similar to ours. And that the county says, quote, unquote, the county says, that we must give access through our property into our street and through the gate and out to Davis Boulevard. Now, this is exactly what he said. And I'm sure that -- I know that some of these folks were at the same meeting, that I heard it said that the county says that we must give the access. So far as we are concerned, there are two properties, two developments, separate from each other. As a matter of fact, I would contradict the gentleman in what he understands, in that nothing was said when we signed our documents to purchase about giving access to the property next door. Nothing. PUD 98-17 is not landlocked. On that diagram, if you look at the tennis courts, that is more than enough access to put another access into Davis Boulevard. There's more than enough room there, if they move the tennis courts. Now, I understand there is concern about making another entrance into Davis Boulevard. I submit to you that we have one lane to exit through. I'm not talking about the gates. One lane to exit with 122 units, which will be completed very shortly, and 114 units on the adjacent property. We're going to have a traffic jam on Whitten Drive. COMMISSIONER CONSTANTINE: Scott, can I just ask a question? MR. BONHAM: Certainly. COMMISSIONER CONSTANTINE: If they were to agree to use the cut on to Davis, where it is but not back as far as they picture here on the roadway, not through the gate and not do that, you know, if we can work out where they enter or exit Davis where you all do, but don't get into your community, don't get beyond that gateway, is that an acceptable compromise to you? MR. BONHAM: I understand what you're talking about, Mr. Constantine. Frankly, I don't think it's doable because the -- I would call it the exit -- the exit ramp off of Davis is quite long. And that comes into our entrance through a double-wide. I'd call it a double-wide entrance. But the exit, which is there, is only one vehicle wide. And scant at that. A large truck wouldn't get through there easily. COMMISSIONER CONSTANTINE: Humor me for the moment and pretend that we can engineer that or they can engineer that, if they are not getting through the gate and on to that private road way and you could do so safely and efficiently, can you guys live with that? Not that it would be your number one preference, but -- MR. BONHAM: I can't give an answer for everyone. I would not have a problem, as long as it was done sensibly and with good forethought. I'm very concerned, because it seems obvious to me that the only reason this access was put into the PUD document is to save money for the developer or for the person that he sells that property to with another developer. I don't think that's a good reason to, pardon the word, bastardize our entrance. If it can be done with good Page 151 February 9, 1999 thought, good design, and accomplish what you are suggesting, that they do not come into our street, certainly. I really wouldn't have much of a problem with that. COMMISSIONER CONSTANTINE: Okay. Thanks. COMMISSIONER NORRIS: What does the -- Mr. Kant, what does the other PUD say relative to this interconnect since we don't have that particular language up? MR. KANT: Yes, sir. I happen to have that information. Edward Kant for the record. COMMISSIONER NORRIS: Just by sheer coincidence. MR. KANT: Frankly, no, sir, we had a feeling that the issue was going to come up and we felt it was important to have the facts. This was originally granted zoning as PUD 92-2, the victoria Landing Condominium. COMMISSIONER CONSTANTINE: Ed, hang on a minute. Commissioner Mac'Kie, I can hear both of you equally loud. Thanks. MR. KANT: It then had a PUD amendment and it was 92-2-1. The original approval was in '92, obviously, and the final approval was in 1996. The first project, the victoria Landing, as my memory serves me, was never sold. That is, it was only sold after it became the Whittenberg PUD. In both the -- in the victoria Landing, there was a development stipulation section -- well, on Page 66, reserving a right-of-way to permit connection with victoria Landing to the adjacent street -- to future streets to the adjacent properties to the east. Originally that was to be an emergency connection. When it was re-PUD'd or rezoned in 1996, the stipulation remained; however, there is a wording change. An interconnected road right-of-way to the adjacent property to the -- there is a type here, it says west. It's been changed to east -- is proposed to be shown on the master plan -- PUD Master Plan Tract S. The adjacent property owner can construct the roadway in accordance with Collier County development standards. So that's shown on the master plan. So our -- the answer -- that's the long answer. The short answer to your question is, yes, it's been there right from the beginning, sir. And it may be an issue of due diligence and it's certainly in the documents. COMMISSIONER NORRIS: Okay. But it says that an interconnect is required, I guess, but it doesn't say which side of the gate it has to be on. MR. KANT: There's no discussion as to gate. COMMISSIONER NORRIS: So the issue is, yeah, legally they have the right to interconnect and, in fact, must interconnect according to that language. COMMISSIONER CONSTANTINE: But it could be where those tennis courts are, for that matter. COMMISSIONER NORRIS: That's the point I'm getting at. There's no language. It's completely silent as to taking advantage of someone's gate that they built. I think maybe a good compromise would be -- well, there's a couple of things that they could do, is could Page 152 February 9, 1999 either move it down -- would you put your finger on where that gate actually is for me on that? MR. KANT: As best as my memory serves from being out there, it's right about at the north end of this entry island where I'm wiggling my pen around there. And it would be just inside the right-of-way -- or I should say, just off the right-of-way line. And this tract that we've been discussing runs right about there. It's not a very large piece. And there is a drainage easement that runs all the way down along the property. You can see there's a dash line there. I'm not sure. I think that says parking. It's been quite a while since I've been in there, so I can't tell you for sure. So they're very constrained as to what they can do right in that particular area. And then as I pointed out earlier, there is a turn lane that runs along Davis Boulevard there. MR. BONHAM: Could I respond? COMMISSIONER CONSTANTINE: Scott, I'm going to have you wrap up, though. We'll give you about 30 seconds because we have time limit on each speaker. I'm sorry. MR. BONHAM: Why -- let me point out -- COMMISSIONER NORRIS: No, you can't do that. COMMISSIONER CONSTANTINE: Scott, if you want to point something out, you can come over to where Mr. Kant is, right beside the podium. MR. BONHAM: He's right. The gate is pretty much right at the end of the island there where my finger is. COMMISSIONER NORRIS: Okay, so? MR. BONHAM: Excuse me, sir. COMMISSIONER NORRIS: If you go back up a little bit where Mr. Kant was pointing, back in there, does that say parking right in there? MR. BONHAM: These are all buildings here on this side. There are no buildings on this side. But this lane, which takes you off of Davis Boulevard, right here, that is wide enough that the entry could be widened or another entry put in right here. Before you say no to that, may I point out that going into Davis westbound, there is no speed-up lane. You go right into the right-hand lane of Davis Boulevard from our entrance -- from our exit. There is a slow-down lane coming here from the east. They could have access -- they move one tennis court, they have access. I really don't see the need to come into our entryway and use our exit at all. It's putting cars from, what, 263 units, two cars per unit potentially, through one exit lane? It doesn't make sense to me. COMMISSIONER NORRIS: Well, one of the reasons that it's legal, I mean, it's in the other PUD's documents, it's in your PUD's documents, that you will interconnect with the other parcel. So what we're trying to do is figure out a way to do that and leave you whole. COMMISSIONER CONSTANTINE: Blair, you'll have a chance, but not after each speaker. When we get all done you can -- Mr. Fernandez, our next speaker? MR. FERNANDEZ: Next speaker is Robert Hillier and Robert Monahan. Page 153 February 9, 1999 MR. MONAHAN: I don't think Mr. Hillier is here. MR. FERNANDEZ: Mr. Monahan is our last speaker. MR. MONAHAN: Thank you. For the record, County Commissioners, my name is Robert Monahan. I live at 5274 Whitten Drive. First of all, I think I'm not going to belabor this point, because Scott said basically what I wanted to say as well. But I think this falls into the category of don't ask, don't tell, as far as that PUD stating that that tract of land was interconnected. We all bought. 122 units were sold over there. And everybody bought it with the stipulation that we would have a gated community. If this was, in fact, in the original PUD, then he shouldn't have sold the gated community knowing that he would always have to interface with that other road. That's the way I feel. Mr. Foley made the statement that Mr. Gorman has worked with the community. I don't believe that's true for the simple reason the word on the street was that it's a done deal over here. The community is going to give this new development access through our gate, and there's nothing we can do about it. And Mr. Gorman's response was also at this particular meeting was, if you people don't like it, I'll build a pig farm over there. So I don't think that's working very responsibly with the existing community. COMMISSIONER CONSTANTINE: Is there a demand for a pig farm there? MR. MONAHAN: After two years of construction, I think the residents of Whittenberg Villa are coming to a point where, you know, we're going to have a nice community now. The construction is just about done. And now if they open our gates to this other area, now we're going to start the construction allover again. Because you have to remember, we're not going to have a gated community. Because those gates are probably going to be open from morning until night for all of the construction vehicles entering. So I just think that we've lived with this for two years now. We thought that we bought into a gated community. We're now going to take possession of it. And now we're going to start allover again, and I don't think it's fair. I appreciate your time. COMMISSIONER CONSTANTINE: And I think Larry's going to say something. But I don't think what I suggested is unreasonable at all. And that is, it protects these folks. I understand Scott's concern. We wish they weren't using this entryway at all, that it cuts on to Davis at all. It appears they have the legal ability to do that from the old documents. However, that legal ability doesn't include going through the gate. And I think if it requires reconfiguring where that tennis court is, you know, or doing something to accommodate that, and if it requires moving the gate back slightly to do that, then that allows you to get access. And if that's a little less convenient, oh, well. There's no guarantee it was going to be a convenient access across. But I think that allows you access, as promised, but allows them to have the privacy that they've been promised. MR. FOLEY: For the record, Blair Foley again. Opportunity to rebut. Page 154 February 9, 1999 What I'm hearing from the residents is they're not getting input from the developer, which is not exactly what I'm hearing. So I would like to continue this item and have an opportunity and offer my own services to be in a meeting with the developer and the community to try to work out something. I think an access point off Davis isn't a real viable option. But we can discuss moving the gates, as Commissioner Constantine mentions, and also reconfiguring that particular tract. So maybe it will work, but I want to make it clear and on the record that another access off Davis is not a good design standpoint. We can't really move in that direction but I would like to continue, if possible. COMMISSIONER CONSTANTINE: I see a couple of folks shaking their heads no and it -- MR. MONAHAN: Can we rebut him? COMMISSIONER CONSTANTINE: No. I see a couple of folks shaking their heads no. And what Mr. Kant read before, if you follow that, is the 1992 approval allows them to have some sort of connection east to west. The question is, does that mean they can go through the gate? It doesn't mean that. It doesn't say that. And it appears Mr. Foley representing -- and I know Jim, and I know he can be a little rough around the edges, so I don't doubt that he did say some of the things about a pig farm or other things which doesn't do anybody any good. I also know Mr. Foley, who is pretty good about keeping his word. So if he's willing to sit down and see if there's a way that they can make sure that they're not using the gate and not impeding on the privacy, that is probably time well spent on your part. And while you may wish nobody went through there, that is allowed by paperwork that was approved eight years ago, seven years ago. So we want to minimize that as much as we can. If he's willing to sit down and talk rationally with you, there's no downside to that. It doesn't guarantee it's going to happen, but it's certainly worth the effort. CHAIRWOMAN MAC'KIE: No, I'm sorry. COMMISSIONER CONSTANTINE: I'll be happy to talk to you about it after the meeting, but we can't have rebutting going back and forth. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: The point being is that we'd much rather have you residents work it out with Mr. Foley and Mr. Gorman than to have us up here work it out for you, which is what is going to happen if you don't get it worked out. CHAIRWOMAN MAC'KIE: That's right. So, is there any objection to the continuance? Would it be for two weeks? MR. FOLEY: Two weeks is sufficient for me. I think that it is plenty of time. COMMISSIONER CONSTANTINE: And just as a benefit to you is you can sit down and you may, as part of that discussion, decide okay, if we're going to move the gate, where does it get moved to, how does it get moved. Make sure the expense isn't on your part and so on. If you come back in two weeks and you haven't -- aren't what you are Page 155 February 9, 1999 comfortable with, you've haven't lost anything except two can pick up where we are leaving off now, so probably not down with them and at least see what they have to offer. they understand our point at this point. I make a motion we continue it for two weeks. COMMISSIONER NORRIS: Second. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes, 4-0. MR. WEIGEL: Madam Chairwoman, just a procedural clarification here. This item had been continued from January 12th, the initial advertising date. I'm looking right now, next week would be five weeks, two weeks makes it six weeks, which would put us in our technical readvertisement. COMMISSIONER CONSTANTINE: I assume, Mr. Foley, that you are willing to do that at your expense? MR. FOLEY: Could we do it in one week? CHAIRWOMAN MAC'KIE: We don't have a meeting. COMMISSIONER CONSTANTINE: You'll pay for the readvertisement? MR. FOLEY: We'll pay for it, sure. CHAIRWOMAN MAC'KIE: There we go. Is that a problem? MR. WEIGEL: Well, if you could meet in two weeks, is that -- Bob, is it 10-day advertisement? CHAIRWOMAN MAC'KIE: Well, can we make it or should we continue it for a month? MR. WEIGEL: Maybe if he's got a lot of chips with the Naples Daily News, maybe he can get it in. But I've used mine. MR. FOLEY: Commissioner Norris, do you have any of those left, perhaps? COMMISSIONER NORRIS: Yeah, I'll put in a good word for you. MS. MURRAY: We believe we can make that deadline. CHAIRWOMAN MAC'KIE: Blair, thank you for the brevity. I needed some. weeks. We bad to sit I think that Item #12B2 ORDINANCE 99-9 PETITION PUD-98-7 MICHAEL R. FERNANDEZ, AICP, OF PLANNING DEVELOPMENT INCORPORATED, REPRESENTING MASTERCRAFT HOMES, LTD., REQUESTING A REZONE FROM nAn AGRICULTURE TO npUDII PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WYNDHAM PARK PUD FOR SINGLE FAMILY AND MULTI-FAMILY RESIDENTIAL LAND USES, FOR PROPERTY LOCATED ON THE WEST SIDE OF C.R. 951 APPROXIMATELY 0.6 OF A MILE SOUTH OF IMMOKALEE ROAD - ADOPTED Moving on to the next item, is 12(B) (2), which I believe is an item we have for reconsideration. will all persons wiShing to be heard on this matter, please stand and raise your hands and be sworn in by the court reporter. Page 156 February 9, 1999 (All speakers were duly sworn.) CHAIRWOMAN MAC'KIE: I have some disclosure, having met with the developer. COMMISSIONER NORRIS: I have, too. COMMISSIONER BERRY: As well as I have. COMMISSIONER CARTER: As well as I have. CHAIRWOMAN MAC'KIE: Commissioner Constantine, can we assume you have a disclosure that you have met with the developer on this matter? COMMISSIONER CONSTANTINE: I have indeed. CHAIRWOMAN MAC'KIE: This was brought back because we had one question. It was about access sidewalk to the school. COMMISSIONER NORRIS: Close. MS. MURRAY: Madam Chairman, if I may, there was three There was lack of interconnect with Oak Ridge Middle School north; project's proposed density, that was brought up; and over traffic conflicts with the school. CHAIRWOMAN MAC'KIE: Unless there's something that has to be on the record that is not already in our packet, which appears to be the resolution of all three of those items -- Sorry, I will slow down. COMMISSIONER BERRY: Madam Chairman, I know a couple of those items I raised a question about in terms of access. I have spoken with Mr. Underhill and he satisfied my concerns. The other one about the density, or whatever it was, I don't know if I raised that or not. I didn't think I did, but -- COMMISSIONER CONSTANTINE: I had raised the density issue. COMMISSIONER BERRY: All right. But my two issues have been resolved. COMMISSIONER CONSTANTINE: I have, too. COMMISSIONER CARTER: Density has been reduced, access has been reduced. And I went on the record with him that there is a landfill in the radius. CHAIRWOMAN MAC'KIE: I will close the public hearing, in that event. Is there a motion? COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. I apologize for not asking if you waive your right to speak, but great job. COMMISSIONER CONSTANTINE: Great speech. CHAIRWOMAN MAC'KIE: Great job. issues. to the concerns Motion to approve. I'll second it. All in favor, please say aye. Item #12C1 ORDINANCE 99-10 TO CONSIDER ENACTMENT INTO LAW AN ORDINANCE TO AMEND THE AIRPORT AUTHORITY ORDINANCE (NO. 95-67) TO ELIMINATE THE NUMBER OF Page 157 February 9, 1999 TIMES A MEMBER OF THE AIRPORT AUTHORITY MAY BE RE-APPOINTED TO MEMBERSHIP TERMS ON THE AIRPORT AUTHORITY - ADOPTED 12(C) (1), Airport Authority changes. COMMISSIONER CONSTANTINE: Quick question on this one for Mr. Weigel. Right now on most boards we have the ability to waive that, I think with the unanimous vote. Does that not apply with the Airport Authority? Why would we create a new ordinance, if it does? MR. WEIGEL: My thought is that the board's general intent and its master advisory board ordinance is that it applied essentially universally. In the -- this is a separate standalone ordinance, the Airport Authority Ordinance, and the attempt here pursuant to the Airport Authority request is that it be clearly stated for them that they either do not have unanimous -- unanimity requirement of this board pursuant to 86-41 as amended the master ordinance, and that there could be essentially unlimited reappointments on the authority based on the expertise and the history that some of these people bring to the board. CHAIRWOMAN MAC'KIE: So the answer is, we can do it without the change or we cannot do it without this change? MR. WEIGEL: Let me turn to it one split second. You're ahead of my thought process here. The thought was that my suggestion could be that COMMISSIONER CONSTANTINE: 30 seconds or less, please. MR. WEIGEL: -- reappointments follow 86-41 as amended. So if you change it under 86-41, it just automatically always follows with this one. That's one way to do it. The other way is to specifically state here that you want unanimity. COMMISSIONER CONSTANTINE: Let me tell you what I want. COMMISSIONER CARTER: I want it in English. COMMISSIONER CONSTANTINE: What I want is this to be consistent with all the other boards. Do we need to make a separate vote, or can the other law apply here? MR. WEIGEL: I'll tell you what, since I haven't quite turned to the item yet, if you'll tell me that's what you want and make a vote, then we'll make sure that it is done, if it has to be done, or if status quo does what you suggested, it's there. COMMISSIONER CONSTANTINE: I'll make a motion that we make it consistent with all of our other boards, and that is, that we can waive it but we do that by unanimous vote. COMMISSIONER NORRIS: Is the public hearing closed? CHAIRWOMAN MAC'KIE: Close the public hearing. COMMISSIONER CONSTANTINE: I'll make that motion. COMMISSIONER NORRIS: I'll second it. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #14-1 Page 158 February 9, 1999 COMMISSIONER NORRIS REGARDING DISCUSSION OF GORDON RIVER BRIDGE AND FOUR LANING OF LIVINGSTON ROAD BETWEEN DAVIS BLVD. AND RADIO BLVD. And now we are to communications. Mr. Weigel, do you have anything? COMMISSIONER NORRIS: What happened to Glenn? CHAIRWOMAN MAC'KIE: We added him to the summary agenda. Mr. Weigel? MR. WEIGEL: No, thank you. CHAIRWOMAN MAC'KIE: Mr. Fernandez? MR. FERNANDEZ: Nothing more. CHAIRWOMAN MAC'KIE: Thank you. Ms. Berry? COMMISSIONER BERRY: It's been a pleasure spending all day today with you, and this evening. CHAIRWOMAN MAC'KIE: wish I should say the same. Commissioner Norris? COMMISSIONER NORRIS: I have a few quick items that I just want to broach the subject on. In our joint meeting we were doing some second bridge conversations. And I just wanted to reiterate to the board that if that discussion gets serious consideration, we need to either get into the S-curve to Radio Road, swing out to Livingston, or oppose the second bridge, because we can't just go T-bone into Airport Road and go into that road segment. So the next one, when we do start building Livingston Road north of Radio, we're going to -- when that gets completed, we're going to go put a big burden on Foxfire. I propose that we bite the bullet and build four lanes on the FP&L easement between Radio and Davis. It requires moving the lines, the power lines, but I think that's what we've got to do. CHAIRWOMAN MAC'KIE: Wow, big bucks. Item #14-2 COMMISSIONER NORRIS REGARDING PETITIONING LEGISLATURE TO PUT ALL AIRPORTS UNDER ONE AUTHORITY AND TO BE BROUGHT BACK FOR DISCUSSION. COMMISSIONER NORRIS: These are just to start the discussion. Second thing, going to Louie Amato's conversation here in this room. I think we should petition the legislature for a special act to combine all the county airports under one authority. COMMISSIONER CARTER: I like that idea. COMMISSIONER BERRY: Amen. That was in the key of C. COMMISSIONER NORRIS: I'd like to see that brought back for discussion, Mr. Fernandez. Can you do that for us? MR. FERNANDEZ: Sure can. COMMISSIONER NORRIS: Seems like we have some interest here on the board. Page 159 February 9, 1999 COMMISSIONER CONSTANTINE: Could we invite Mr. Saliday to join Mr. Durrey (phonetic) that day for that discussion? COMMISSIONER NORRIS: That would be great. Okay. Here's some environmental improvements that I'm going to suggest. CHAIRWOMAN MAC'KIE: Go, John. Go, John. COMMISSIONER CONSTANTINE: Did you have nothing to do last weekend? Item #14-3 and #14-4 COMMISSIONER NORRIS REGARDING STAFF DIRECTION TO INVESTIGATE HOOKUP REUSE SYSTEM TO CITY PLANT, AND STAFF DIRECTION TO INVESTIGATE EXTRACTING WATER FROM GOLDEN GATE CANAL TO PUMP INTO REUSE SYSTEM COMMISSIONER NORRIS: Listen, we missed our meeting last week, so I get to do it now. Environmental improvements to the community. We should -- and these next two little items are related, and it comes from the fact that we are not supplying our contracted amount of reuse water in the north county system to the contractees that we have agreed to. One thing I would like to see us do is to hook up our reuse system to the city's wastewater plant. That allows us to take some of that treated wastewater from them that they're dumping into the bay. That will improve the quality of Naples Bay. We can use it because we are short on what we need to distribute. And also, to solve our reuse problems and our deficit up in that north county area. And also, to help clean up Naples Bay. We should try to get a permit to extract water from the Golden Gate canal and pump that into our reuse irrigation system. COMMISSIONER BERRY: Rather than dumping it into the bay. COMMISSIONER NORRIS: Rather than dumping it into the bay and reducing the salinity to the point where the bay -- there's always trouble. COMMISSIONER BERRY: You think they would go for that, Mr. Ilschner? CHAIRWOMAN MAC'KIE: I think you have just proved the efficiency of the every other week meeting system if you got all those great ideas just because we didn't meet last week. COMMISSIONER BERRY: Then we ought to only meet once a month. COMMISSIONER CONSTANTINE: You got all those great ideas in four minutes. COMMISSIONER NORRIS: I told you it was going to be quick. Just to broach the subject. I'd like to see if we have any interest in directing Mr. Ilschner to start preparing for those two water items. COMMISSIONER CARTER: I would very much like to see him do that. In fact, we just had a conversation this week in my office on the same items, John, and I think it would behoove us to move forward and do that. Whatever direction we give the staff, I would like to see that happen. Page 160 February 9, 1999 CHAIRWOMAN MAC'KIE: Sounds like sufficient direction has been given. Do you have any items, Mr. Carter? COMMISSIONER CARTER: No, I don't have anything. John wore me out. CHAIRWOMAN MAC'KIE: Thanks. Commissioner Constantine? COMMISSIONER CONSTANTINE: Very brief comment, on that Whittenberg item we had today, right now the developer is scheduled to turn over the property to the homeowners March 16th, so they would like very much to have that heard, which we're scheduled in two weeks. But they would like to have that decision made prior to the 16th so they don't get stuck with anything they didn't anticipate. CHAIRWOMAN MAC'KIE: My only communication -- and that's not a problem, right, because we are scheduled? COMMISSIONER CONSTANTINE: Right. Item #14-5 STAFF DIRECTED TO LEAVE BUILDING OPEN AFTER 5 P.M. IN THE FUTURE IF THE COMMISSION MEETING IS STILL IN SESSION CHAIRWOMAN MAC'KIE: My only communication item is to let you know that the only reason that Mr. Arnold was so upset when he came back in the room a few minutes ago, well, he didn't like our reconsideration, but more importantly, Mr. Fernandez, we had an error in the system here. You know that our doors automatically lock at 5:00 and he was locked out of the building and had wanted to come and speak on the subject and, frankly, ran up the stairs with a heart condition that he -- you know, so if we're going to be here after 5:00, God forbid, we cannot let those doors lock. And they did and the elevators locked down, and that made him -- COMMISSIONER CONSTANTINE: Out of breath. CHAIRWOMAN MAC'KIE: And unhappy, and understandably so. So I just wanted to let you know that that was part of the problem and to ask Mr. Fernandez to address this. *****Commissioner Norris moved, seconded by Commissioner Berry and carried unanimously, that the following items under the Consent and Summary Agenda be Approved and/or Adopted with changes***** Item #16A1 RESOLUTION 99-88 RE A 100% IMPACT FEE WAIVER OF ROAD, LIBRARY SYSTEM, PARKS AND RECREATIONAL FACILITIES, EMERGENCY MEDICAL SERVICES SYSTEM, AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR A HOUSE TO BE BUILT BY ROMMY T. SMITH AT 313 GAUNT STREET IN IMMOKALEE, COLLIER COUNTY, SAID IMPACT FEES TO BE PAID FROM AFFORDABLE HOUSING TRUST FUND (191) Page 161 RESOLUTION NO. 99- aa RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ROMMY T. SMITH AT 313 GAUNT STREET IN IMMOKALEE, COLLIER COUNTY, FLORIDA. FEB 0 9 1999 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Rommy T. Smith is seeking a waiver of impact fees; and WHEREAS, Rommy T. Smith will construct a three (4) bedroom unit (the "Dwelling Unit") at 313 Gaunt Street, Immokalee in Collier County, Florida; and WHEREAS, the Dwelling Unit will be owned by a very low income household, and WHEREAS, Rommy T. Smith submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated October 21, 1998 for a waiver of impact fees for the construction of a house at 313 Gaunt Street in Immokalee, Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88..96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities I System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WHEREAS, Rommy T. Smith has qualified for an impact fee waiver based upon the following representations made by Rommy T. Smith: - 1 - ~rR tt g fQqq A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the writ must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead ofthe owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Rommy T. Smith for one (1) house which shall be constructed at 313 Gaunt Street, Immokalee, in Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver signed by Rommy T. Smith, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 313 Gaunt Street in Immokalee, Collier County, Florida by Rommy T. Smith: A. B. Library Impact Fee Road Impact Fee $ 180.52 1,379.00 C. Parks and Recreational Facilities Impact'Fee: (1) Regional Parks (2) Community Parks EMS Impact Fee 179.00 399.00 14.00 D. E. Educational Facilities System Impact Fee Total Impact Fees $ 1. 778.00 $ 3,929.52 3. The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. I -2- This Resolution adopted after motion, second and majority vote favoring same. DATED:~a"H-Y ~ /77J I \ \. I I I ATTEST: '-, t D~GHT E. B~Oe~, Clerk " :"'. .,~ . . "'~ ( c' -.~,! "p1;~~~~I--...j~e ;t . '.' Att~st,l$ .-to .ChJ.trian' S s1gnatur.l.0nlt~ ,.~ Approved as to form and legal sufficiency: }1 uL j A Yk ^--- Heidi F. Ashton As~istant County Attorney jdlf/reso/rommysmith BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDr; By: ~ amela S. Mac'Kie, Ch irwoman - 3 - FEB 0 9 1999 !=E8 0 9 1999 EXHIBIT "A" LEGAL DESCRIPTION ROMMY T. SMITH RESIDENCE LOTS 6 AND 7, BLOCK 5, MAINLINE SUBDIVISION, 313 GAUNT STREET, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- MAIN LIliB"Bt1BPIYISION . Being a subdivisiori:of tne SW-I/4 of the SW-V4 of FEB 0 9 1999 Section~, Twp. 475.- Rg.29E.TaUahossee.Meridian, . ImmokaJee# Collier County, Florida. . $c::Jle: I in-100ft. October, 1950 1322.0' -,-'~'-, ---.--',.-.:-;r...---r'--'-' oS; C, 'AVENUE 7'--" .....- - - ' ... . .. ..' "I'" I ...~. ..... .~.-.;: ~ 4 3 I ,I I":" .-\.. ~? II~ ij t 7 , lis " 9 ~ ., J. 10 II 12 l' !:3 ~ '4 '."0. J D. AVE. ......-. . -. ..' I' .. . .:. ~ ~ .. .... .. en 34:;. ~ 33 32 31 .30 29 0:.0 ...... 27 26, 14 25 15 24 16 23 17 ..... .... " Z 21 ; ::> <{ , . C) 20 ~ 40' 'L I.' {~ ~ . . . . . ~ :3 ; ~ 4 5 . 8 :; 9 . 10 :''-:0 ~. ... ... ~ ", , ~ >- w z a:: :I: <{ u.. ~ '1 . ~ '.. ~.,ft \ ....JI. ... .~ . '- - 7" - - . oo" I '0 !.:~, I "'1 ~ ) C. AVENUE (1.,7. Tract ':4" ~..l.tj. - . 0;' 'AVENUE-' ,.' 7 - - - -' H' .7 6; 5" 4, 3~ 2~ I ... :- . ~ .. 5 . . .. :-. ~ ~ ~ ;; ~ ~ ~ , . ... ~ I.' .0' - - - .oo' s.' -. 37 ~: . 8 ~ , 9 36 I 10 ,35 , , II 34 I 12 33 . . 13 ....5' ~ . t 14 \::;:.1 ~I . 15 30 . . 16 29 . 17 29 , : 18 27 , . 19 2S 20 25 . 21..._. ___.24 " .. .. .. .... , t ~ 22 1 '21 ~ I ~ 1.,- E. ~VENUE. )~~i'~;"~ ~<~ ~. .- . . a . ....~.~.:-...:...:...~. : " ..~.' ~. ::' .... . ......._f. . " .-....- .~~~ ~:.a.:.-. ~'. .' ". ." . .;" .~._. ..",:,:'. ":' ... .. ... . -'"' ".. .'. ..,',.;. -..~ '-". .' &to " "'I' .. :.~. .-.... \ .~ :~...~~ ";.. . ~. . .' .::........ ." . ~~. ."' . ..... ~.;"'''. ~' . Jo ," ............. .~ ..&..... -- "' ., c; .. " "',. ~:] I . I .. -....-......... --.... ..,. -' -' .. . .. .." s..' \ , .,4 5'~ ~,.- ~7~ 6. 4~ 3'1 2'~ I ~ ~ I .. " . '" , .. ~ ~ c' ~ .; ~ ~ ~ '\ ... ~ ~ -' .oo' . . . - I" . 7JT. ..... ~ 8 37 \i " -- , 9 36 , 10 ~ I II 34 , . 12 33 . 13 "'6' 32 , , 14 ~:.I 31 I 15 30 , . 16 29 . . 11 28 . . 18 2,7 . , 19 2,6 , : 2C 25 , 2L. ..34 3 .. ~ '{ ~.'" '. .. 22 ~ 23,.JI';'.,,: .. ~ en I~ ~... ~ ... ," C/'l W Z o .., I 6.' .10' ,.J' . ~ .'41:. .". ." . .. .... . ,.:~... -, fEB 0 9 1999 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 1240 2434469 OR: 2512 PG: 2955 33.00 7.00 RBC FEE RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, PL COPIBS 02/16/99 at 08:02AM DWIGHT B. BROCK, CLBRK AGREEMENT FOR WAIVER OF 100% OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this ~ day of ~ ' 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Rommy T. Smith, hereinafter referred to as "OWNER." WIT N E SSE T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- J'r at its regular meeting of....;t'~ '1 . 1999; and , ' " f E B 0 9 1999' , OR: 2512 PG: 2956 WHEREAS, the Impact Fee Ordinance reqUIres that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENT A TIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee l" to 0 9 1999' ~ .; OR: 2512 PG: 2957 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are F ~ 0 0 9 1999 OR: 2512 PG: 2958 satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period ofthirty (30) days after notice ofthe violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the fEB 0 9 1999 .' " '.- ~ OR: 2512 PG: 2959 Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: (2) c"~x?- Print Name C~ t2.M,I.( bIL(,.:~ ~ T~ ommy . Smith ~ jtN~ <' ~ ri~tName ~. . _. " STATE OF FLORIDA) r COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this "*1 day of ~J"'_""'_ 1999, by Rommy T. Smith. She is personally known to me-Qr PWgYG8Q ,?/ r ( ,.;.U ,~. .;V'" ~ JOANNE DALBEY ~ lU "" MY COMMISSION # CC 739612 ~~~~ EXPIRES: 0513012OO2 \.1OO-3.NOTARY Fl. NOIIryServica" Bondin,Co, a.!!!re ofPersqn Takin& Ac nowledgment Jp~;")n~ ~Q."1 [N I?A~Eri:I~~~..'"'r g) 11 J . " , "1 ',' l:':i'~::'" :~~~~;.. ATTEST: 'p ".IO::;;t . ' . i,' .,t,.......... , ., DWIGHT E. BROeK,Clerk l,', ~~'#;t;~#~~..j~tl s 1 iIt.tur~ \0,.. ti~ ' , Approved as to form and legal sufficiency ~cL f An{/l Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA jdlc/agreementJrommysmith ~. , FEB 0 9'1999 OR: 2512 PG: 2960 EXHIBIT "AU LEGAL DESCRIPTION LOTS 6 AND 7, BLOCK 5, MAINLINE SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA )', . . ,'f! 1,.."' , ~', . . " . -', ";" MAIN LINE SUBDIVISION , Being a subdivision of the SW-I/4 of the SW-V4 of Section~, Twp. 475.- R9.29E.TallahasseeMeridian, Immokalee, Collier County, Florida. Sc:lle' J in = 100 ft. October, 1950 13:'20. T:;-' - c --yr.;-,;" nluE --;r-:rr,). ---,. --. -' :'" .,. ~,.,<o< "~~7-- .. -- - .... I .00.;, r' :' ~\.. . t I .~. -. I~' ~ ... ! ~ . 4 :3 2 I :: ::; i I~ J , tl .::, 9 If- W :w '0:: if--,' (f) 10 II ~ < 12 ... ~ '. .. i! ;~ . '. ~ ! ~ ~ I'~ ~ J ! , ,~... . ':: '::r;/,,,<i"i___-r: I ~J I ' .i O. AVE. / <. I -.-- . .- , - - - ~:'- - - - ,~ 5 60' oL _ 'l.o " ~"i: . " ~~... ~ ,.. 3- , . . . i: 4 "0 t 1.;lll' .-- (/) 0 8 " 33 9 32 10 31 II 30 12 29 13 '>0 14 ~.. 27 15 26, 16 25 17 24 18 :23 19 ..... .-- 20 c.4 Z 21 '. ::> ;, <( 21 'Ie " " ,~-.. C> '.. 20 ." .. 22 .. 60' ~ ,...e ~,. ~ 6-.. : ~~I.)..'" I~f- ~ 7 ~ (f)' '0:' 8 ILL ~ I i 9 I . :.,.. ~. I , , I: ~ I~ C'j .... !.f , <'1.- .:.::' 14 "r I .1; i .~. 15 '-' 16 ... 17 . 18 " 'so' I.!1N!!IQ~ . C:-AVENUE 7!!D'l*l' Tract itA" . 0; AVENUE--- .. "0' .10' 5' 4. 3. 2. I- ~ ~ f, ~ ~ 'i l:, . , , oiIc.i."". ..&..... -. FEB 0 9 1999,~_ ..~ \71301 .,. I .:-........ I 60' so' ...,. .. - .. ~7 ; 6 '. 5'~ 4-~ 3 ... .. ~ , .. ~ ~ ~ ~ ~ , :: - 40' t-= , 0' (/) 37 36 35 34 33 ~~ 5 ~I 30 29 28 27 26 (f) 25 l&J . 2C Z 24 . .. 0 ~ 21 ... .. '.tI.- ..., ~ ~ 23 - 22 " Ii ~ 't 60' ... ,.Y 1'...r.o .__w .f E. ~VENUE 8 , 9 10 II 12 13 '6' 14 ~;:I 15 16 17 18 19 .0. So. I , , .,4 ~,. - 2'~ I ... "' ~ ~ 34 ' 33 3Z : 31 30 ' 29 . 28 ' 27 , : J ,.o.~...._. 23 4>. .. . .~.. " ;Ec:o::o i'::J....lT1 ::J~~8 ~ (II -'::0 11l iite,c g~~lT1 -. .:::tJ < . tD .c -t en p. -. ~ ~ :s _. ~~ ~I l/Jo9 - Q. ... g-gl; c: :!. lJQ 3:li5' .D g. :: alJQ~ - . '" e, c; '" \' :>E :>E :>E C> :;cJ f'..,.J LT1 ~ f'..,.J """0 Q I'..> ~ 0-... ~ :0+ :0+ :0+ February 9, 1999 Item #16A2 RESOLUTIONS 99-89 THROUGH 99-92 RE CODE ENFORCEMENT CASE NO'S 80331- 053/MR. WALLACE L. JOYCE, MR. LAWRENCE JOYCE, MS. JOAN H. HUBBARD, MS. BARBARA SHOWALTER, MS. PATRICIA HARWOKEWICZ, MS. JUITH J. CORSO, MS. LAUREN K. BOWERS, 80514-017/PAUL L. RIDDLEBERGER JR, 80527-094/SHELIA TEMPELMANN, & 80803-061/JULIO DOMINGUEZ ESTATE & JOHN R. DOMINGUEZ P/R Page 162 FEB 0 9 1999 RESOLUTION NO. 99- 89' A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Mr. Wa11ace L Joyce 506 Quinnipiac Ave North Haven, CT 06473 Mr. Lawrence Joyce 1268 Commercia1 Ave Coos Bay, OR 97420 Ms. Joan H Hubbard 110 High St C1inton, CT 06413 Ms. Barbara Showa1ter 127 Map1e St East Haven, CT 06512 Ms. Patricia Harowkewicz 389 Ocean Ave West Haven, CT 06516 Ms. Judith J Corso 128 Robert Dr East Haven, CT 06512 Ms. Lauren K Bowers 62 Grove St Branford CT 06405 REFERENCE: 80331-053 #74412200000 LEGAL DESCRIPTION: COST Lot 5, B10ck D, South Tamiami Heights as recorded and p1atted in P1at Book 3, Page 44, Pub1ic records of Collier County, F1orida. $245.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. BOARD OF COUNTY COMMISSIONERS fEB () 9 1999 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Mr. Mr. Ms. Ms. Ms. Ms. Ms. DATE: Wallace L Joyce, 506 Quinnipiac Ave, North Haven, CT 06473 Lawrence Joyce, 1268 Commercial Ave, Coos Bay, OR 97420 Joan H Hubbard, 110 High St, Clinton, CT 06413 Barbara Showalter, 127 Maple St, East Haven, CT 06512 Patricia Harowkewicz, 389 Ocean Ave, West Haven, CT 06516 Judith J Corso, 128 Robert Dr, East Haven, CT 06512 Lauren K Bowers, 62 Grove St, Branford CT 06405 FEB - 9 1999 REFERENCE 80331-053 #74412200000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, Block D, South Tamiami Heights as recorded and platted in Plat Book 3, Page 44, Public records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 4/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on FEB - 9 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 This Resolution adopted after motion, second and majority vote. DATED: fE8 - 9 1999 ATTES'l;" , DW,r'GHT r Eo.) .;BROCK, CLERK , " "'Y "0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA :- ,Jr: ;;~:~;/Y'';:' - ?AlIl ,~','fAt est .."to Cha.fr8an' s ,:,:;:;~_E!1:;9RJ;1-ro FORM ':-~~:i!7k~ ~COUNTY ATTORNEY CSce 11 - 1/1/99 BY: Pa Attest as to Chairman's signature only. FEB 0 9 1999 RESOLUTION NO. 99- 90 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Paul L Riddleberger JR 652 -94th Ave N Naples, FL 34108 Lot 11, Block 6, NAPLES $340.00 MANOR EXTENSION, according to the plat thereof, recorded in Plat Book3, Page 101, of the Public Records of Collier County, Florida. REFERENCE: 80514-017 #62204520007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This,I,Rea:S9}.ution adopted after motion, second and majority vote. DAT~I;> ~, "FEB., ~',9.j:~~9 r .~ 'T (..~". T ST .{ /'~ A TE: . __. DW,];"GHT ,E. BROCK, CLERK " , #; ~~~<!. J~Jl. Attesft,' .~,' t9\C~A.,..n s signature onY-" APPROVED AS TO FORM AND LE, GAL] SYFfICIENCY' ~(o {d,t ( !ltL/l/''---.- Af.-.. ~ID WEIGEL r COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FED 0 9 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: FEB - 9 1999 Paul L Riddleberqer JR 652 -94th Ave N Naples, FL 34108 REFERENCE 80514-017 #62204520007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 11, Block 6, NAPLES MANOR EXTENSION, accordinq to the plat thereof, recorded in Plat Book3, paqe 101, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/14/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Proh1bited accumulation of non-protected mowable veqetation in excess of 18" in heiqht in a subdivision other than Golden Gate Estates. Prohibited dumpinq, accumulation, storaqe or burial of litter, waste or abandoned property. Weeds over 18", also veqetative debris of downed trees & branches. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 140.00 and administrative cost of $200.00 for a total of $ 340.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on FEB - 9 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 RESOLUTION NO. 99-~1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Sheila Tempe~ann 33 University Ave #1001 Toronto Ontario Canada MFJ 2S7 Lot 56, Block 591 of Marco $245.00 Beach Unit Twenty-three a Subdivision according to the Plat thereof, recorded in Plat Book 8 Page 81-83, of the Public Records of Collier County, Florida. REFERENCE: 80527-094 #58772280003 BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY, FLORIDA ~l~J ~~l!w'~--JfiJ.(l BY: At~Tas /tOCh4~wi\ ~ S19j!~WMnJ1AS' T~nF~RM AND LEGAL SUFFICIENCY: bL c)A' J ;1(1/'/ /L-./' {V.L-.DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS FEB 0 9 _ COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: fEB - 9 1999 Sheila Tempelmann 33 University Ave #1001 Toronto Ontario Canada MFJ 2S7 REFERENCE 80527-094 #58772280003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 56, Block 591 of Marco Beach Unit Twenty-three a Subdivision accordinq to the Plat thereof, recorded in Plat Book 8 paqe 81-83, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/28/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable veqetation in excess of 18" in heiqht in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on fIB ~ 9 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 F~R no......,'" RESOLUTION NO. 99-92 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Julio Dominquez Est:at:e John R Dominquez P/R 74 Ashley St: Bridgeport:, CT 06610 Lot: 8, Block 175, Unit: 5, Part: - GOLDEN GATE according t:o plat: t:hereof recorded in Plat: Book 5 Page 122 of t:he Public Records of Collier Count:y, Florida. $245.00 REFERENCE: 80803-061 #36247840000 certified copy of this Resolution shall be records of Collier County, to constitute a according to law, unless such direction is appeal of the assessment of the owner. This Resolution adopted after motion, DATED :fEB .~ 9 1999 ATTEST' :,: ;, iI if I, , ~ .-:' Ii / DWIGHT E~ BRO€J<, CLERK t.W:':c;~j~~4Q At ~$ , IS toCha 1raian ":$ s1gnatIJre onl]_ 'APPROVED'AS TO FORM AND LSGj' ~prFICmNCY: bl1 (,~ /\!01 ~ ~DAVID WEIGEL COUNTY ATTORNEY The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a recorded in the official lien against such property stayed by this Board upon second and majority vote. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA \ CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS FE809 1999 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: FEB - 9 1999 Julio Dominguez Estate John R Dominguez P/R 74 Ashley St Bridgeport, CT 06610 REFERENCE 80803-061 #36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5, Part - GOLDEN GATE according to plat thereof recorded in Plat Book 5 Page 122 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/7/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on \FEB ~ 9 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 February 9, 1999 Item #16A3 RESOLUTIONS 99-93 THROUGH 99-96 RE CODE ENFORCEMENT CASE NO'S 80708- 117/DARREN S << BARBARA J. FILKILL, 80713-027/MICHAEL << JANET GRELLA, 80713-034/VARNVILLE CORP % Y. BRAUNSCHWEIG, << 80721-030/EDWIN << INES GUERRERO Page 163 FER 0 9 1999 RESOLUTION NO. 99 - _,,93 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Darren S & Barbara J Filkill 2201 -44~ Terrace SW Naples, FL 34116 Lot 7, Block 59, GOLDEN GATE, UNIT 2, accordinq to the plat thereof recorded in Plat Book 5, paqes 65 throuqh 77, inclusive, Public Records of Collier County, Florida. $290.00 REFERENCE: 80708-117 #35774240006 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority,vote. DATED t. u te:'B ~cf'9 ,>1999 ATTEST: \ ,>::> DWIGHT E. BROCK;:' CLERK ~; h~4?,.-J/fP.fZ BY: Atte t>as to Cha1r,qn's Si~~W~~JA~""T~ FORM AND LEGAL SUFFr~IENCY: tILl ,~Ll J / lL'G~ (5- DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 COLLIER COUNTY, FLORIDA fEB\ 91999 BOARD OF COUNTY COMMISSIONERS LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: IFEB = 9199~ Darren S & Barbara J Filkill 2201 -44~ Terrace SW Naple., FL 34116 REFERENCE 80708-117 #35774240006 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7, Block 59, GOLDEN GATE, UNIT 2, according to the plat thereof recorded in Plat Book 5, Pages 65 through 77, inclusive, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/13/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 90.00 and administrative cost of $200.00 for a total of $ 290.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, FEB "q1999 Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 fEB 1) 9 1999 RESOLUTION NO. 99-94 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Michael & Janet Grella 729 Jane Dr Franklin Lakes, NJ 04717 Lot 17, Block 326, Marco $245.00 Beach Unit TEN, a subdivision according to the plat thereof, recorded in Plat Book 6, Pages 74-79, Public Records, Collier County, Florida. REFERENCE: 80713-027 #57853400004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal ,..gth ~~,. assessment of the owner. >'.T,nis ~ef(?~tion adopted after motion, second and majority vote. DATEl) :FEB7:9 tt999 ATTE:ST: DWIGHT E. BROCK, ~:CLERK ?' . r . J..;;; ~;. ):;.I-!.A'#!V;4:-,MIftP.c1 Atte t is ;to ~Cha~rAmn' s s 1 gnature on Lv APPROVED A~ TO FORM AND L,E,GAL rUFF:CIENCY: Jd.ua" /_ At L1L ~ ~f- DAVID WEIGEL COUNTY ATTORNEY ---... -~ CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FEB 0 9 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: I=EB co> 9 1999 Michae1 & Janet Gre11a 729 Jane Dr Frank1in Lakes, NJ 04717 REFERENCE 80713-027 #57853400004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 17, B10ck 326, Marco Beach Unit TEN, a subdivision according to the p1at thereof, recorded in P1at Book 6, Pages 74-79, Pub1ic Records, Co11ier County, F1orida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/13/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumu1ation of non-protected mowab1e vegetation in excess of 18" in height in a subdivision other than Go1den Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on ~EB ~, ~ N9( and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 RESOLUTION NO. 99- 95 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Varnville Corp % Y Braunschweig Bethust 48 Lausanne Switzerland 1012 Lot 19, Block 787, of a $245.00 REPLAT OF A PORTION OF MARCO BEACH UNIT TWENT-FIVE, according to the Plat thereof, recorded in Plat Book 12, Pages 86-89, of the Public Records of Collier County. Florida. REFERENCE: 80713-034 #59023960000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. Thi~d,Re,s, ?lution adopted after motion, second and majority vote. DA TED.J:\~ t'" ~rED.'~ · 9 1999 ,':: ' . .,. l '-':" (.-t.~..c-' . ATTEST: ' l..';' DWIGHT E. BROCK;; CLERK S. Mac'Kie, C ~~ "t;~~..J;rP{j A' est IS to C~.1r.an's A~~~W~ ~'9f!rjTO FORM AND LEGAL SUFFICIENCY: ~ JilT ~..--- ,/1 / ~6L---D ID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS FER 0 9 1999 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Varnville Corp % Y Braunschweig Bethust 48 Lausanne Switzerland 1012 DATE: Fff: - ~ ~999 REFERENCE 80713-034 #59023960000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 19, Block 787, of a REPLAT OF A PORTION OF MARCO BEACH UNIT TWENT-FIVE, according to the Plat thereof, recorded in Plat Book 12, Pages 86-89, of the Public Records of Collier County Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on FED ~9 n'~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 RESOLUTION NO. 99- 96 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Edwin & Ines Guerrero 4526 Meadowood Cir Apt. 8 Nap1es, FL 34116 Lot. 19, Block 110, Unit. 3 Part. - Go1den Gat.e according t.o p1at. t.hereof recorded in Plat. Book 5, Page 99, of t.he Pub1ic Records of Co11ier Count.y, Florida. $245.00 REFERENCE: 80721-030 #36008840003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This, ;Kes,qlution adopted after motion, second and majority vote. DATED: 'fEB~"9A~~9 't./' ATTEST: , DWI~HT E. BROCK, ~CLERK .... "~, 4f/~~~/~'_f-1~4 BY: Attest as,to Cha1~n's s 1 ~~Yfov~~l11{s 'TO FORM ~ LEG,AL SUtFFICIENCY: , ~L~d,l l;1tl/L~ ~o--nAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS FEB 0 9 1999 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: FF n ~. q 1999 Edwin & Ines Guerrero 4526 Meadowood Cir Apt 8 Naples, FL 34116 REFERENCE 80721-030 *36008840003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 19, Block 110, Unit 3 Part - Golden Gate accordinq to plat thereof recorded in Plat Book 5, Paqe 99, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/21/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable veqetation in excess of 18" in heiqht in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on ~EB ~ 9 199~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to' the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 February 9, 1999 Item #16A4 RESOLUTIONS 99-97 THROUGH 99-101 RE CODE ENFORCEMENT CASE NO'S 80715- 113/RICHARD F. MCCULLOUGH, 80721-062/MIMON BARON, 80722-023/JOHN C. GARRISON JR. << VIRGINIA GARRISON, 80723-072/LLOYD G. SHEEHAN, 80727- 043/BRUCE T. << ELSYE K. WHITMER Page 164 I='J:" P n Q innl'l RESOLUTION NO. 99-97 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Richard F McCullouqh 255 Cocohatchee Dr Naples, FL 34110 Lot 42 & 43, Block 2, Trail Acres, Unit No.2, in accordance with and subject to the plat recorded in Plat Book 4, paqe 62, Public Records of Collier County, Florida. $290.00 REFERENCE: 80715-113 #77262280002 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: fE B "- 9 1999 ATTEST: L\IJ 1(' DWI~HT' E. 'BR6cl5' CLERK At~~a~~~~At'4 signature onlJ. ,",-, APPR.OVED AS'TO,FORM t:t~~'f'Atl~~~ /-,,_~AVID WEIGEL (V COUNTY ATTORNEY BY: CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA fIB 0 9 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE :::= f fI 'l~ 199!il Richard F McCullough 255 Cocohatchee Dr Naples, FL 34110 REFERENCE 80715-113 #77262280002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 42 & 43, Block 2, Trail Acres, Unit No.2, in accordance with and subject to the plat recorded in Plat Book 4, page 62, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/20/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 90.00 and administrative cost of $200.00 for a total of $ 290.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on fIB '"" ~,~ 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of tpis assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 RESOLUTION NO. 99- 98 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Mimon Baron 399 _5th Ave S Naples, FL 34103 Lot 6, Lely Country Club, $245.00 MURFIELD, according to the plat thereof as recorded in Plat Book 14, Page 75, of the Public Records of Collier County, Florida. REFERENCE: 80721-062 #55200240000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: FER 'r 9 1999 ATTEST; ~,' U 'I' DWIGHT"; E\] gRbP:K, CLERK .....:;,", ~":". ,v~)' #: j;~~~tl Attest a{ tG Chalrun's ',S i~~lffifuBn \l~., TO "FbRM ~tEG, ALS1~fICIENCY' '~"l "" ,\ 11 c1:. e ttl "( ,'I L/l.....- ,/' D VID WEIGEL P~~COUNTY ATTORNEY COMMISSIONERS FLORIDA BY: CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS FEB 0 9 1999 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: t=EB - 9 1999 Mimon Baron 399 5th Ave Naples, FL S 34103 REFERENCE 80721-062 #55200240000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, Lely Country Club, MURFIELD, according to the plat thereof as recorded in Plat Book 14, Page 75, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/24/98 the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on fEB - 9 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 RESOLUTION NO. 99-qq A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: LEGAL DESCRIPTION: COST NAME: John C Garrison JR & Virginia Garrison 45878 Cabin Branch Dr Sterling, VA 20164 Lot 5, Block 199, Unit 6, $245.00 Part GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page131 of the Public Records of Collier County, Florida REFERENCE: 80722-023 #36315760009 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: fEB - 9 1999 ATTEST: DWIGHT.' E:'~ J ~.oCK, CLERK BY: ," .it.. "V ~ Atfe'ff ;~~ -."-f,<M. s 1j;fnature oolJ_ ., APPROVED AS ,TO ."FORM ~'~','l ~EGA, .~ ~w.FICIENCY' ~'rt: :rr,AtVL~ p'L-/DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~EB 0 9 ,qqq LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: fEB ~ 9 1999 John C Garrison JR & Virginia Garrison 45878 Cabin Branch Dr Ster1ing, VA 20164 REFERENCE 80722-023 #36315760009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, B10ck 199, Unit 6, Part GOLDEN GATE, according to p1at thereof recorded in P1at Book 5, Page 131 of the Pub1ic Records of Collier County, Florida You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/23/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on fEB ~9 m9~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 RESOLUTION NO. 99- 100 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Lloyd G Sheehan l~ 5600 Tamiami Trl N Ste 1 Naples, FL 34108 Lot 9, Block 10, NAPLES $245.00 MANOR ADDITION, accordinq to the Plat thereof recorded in Plat Book 5, paqes 67 and 68, of the Public Records of Collier County, Florida. REFERENCE: 80723-072 #62099080008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. Tq~s\Resolution adopted after motion, second and majority vote. DATED<,..j.,';;'v v r · FF P. .it ~qq9 , v ATTEST: ./ . '." " DWIGHT E.' B1~oCK:.f CLERK COUNTY COMMISSIONERS , FLORIDA L: J;;~~4-~xP.fZ BY: Atwr as to Cha 1 rf41in · ~" $1~~~g~~ l!s',,~~, FORM AND LEGAL UFFICIENCY: L i 'I/Z/~ f"z-/go~~Y W~~~~~NEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS fED 0 9 1999 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: FER ~ 9 1995 Lloyd G Sheehan 5600 Tamiami Trl N Ste 1 Naples, FL 34108 REFERENCE 80723-072 #62099080008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 10, NAPLES MANOR ADDITION, according to the Plat thereof recorded in Plat Book 5, Pages 67 and 68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/23/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on FER ~ 9 199~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 RESOLUTION NO. 99- 101 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Bruce T & Elsye K Whitmer 420 Griffith Ave OWensboro, KY 42301 Lot 27, Block 7, Naples $245.00 Manor Lakes, evidenced by plat of record in Plat Book 3, page 86,in the Public Records of Collier County. REFERENCE: 80727-043 #62256160004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DAT~~ :'~ uFEB '~~' 9 ,1999 '" > '.. ~ ATTEST: ':,. "'~" COMMISSIONERS... DWIGHT E. BROCK ,:.: CLERK L D . ' .,:0. : 4:~~~ /fP.(1 '/ ' AP/ltOYED, ASt,T~" ~ORM Att . AND -,"--~Ari . SP, 'FFICI ENCY , est IS to Cha Ir.an s (~~ tAtJ/\-> signature on1,. {,L/DAVID WEIGEL If' COUNTY ATTORNEY BY: CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS fEB 0 9 1999 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: FE f}- 9 1999 Bruce T. & Elsye K. Whitmer 420 Griffith Ave Owensboro, KY 42301 REFERENCE 80727-043 #62256160004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 27, Block 7, Naples Manor Lakes, evidenced by plat of record in Plat Book 3, page 86, in the Public Records of Collier County. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/27/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weed over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on fER - 9 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 February 9, 1999 Item #16A5 RESOLUTIONS 99-102 THROUGH 99-106 RE CODE ENFORCEMENT CASE NO'S 80409- 027/MR. WALLACE L. JOYCE, MR. LAWRENCE JOYCE, MS. JOAN H. HUBBARD, MS. BARBARA SHOWALTER, MS. PATRICIA HAROWKEWICZ, MS. JUDITH J. CORSO & MS. LAUREN K. BOWERS,80515-025/ELMA S. GROSSI,80619-039/PALM FOUNDATION, INC. & STEVEN H. LOVELESS,80727-089/ANDREW C. HANSON, & 80821- 031/JENNIFER S. BRANDON Page 165 cC's 0 9 1999 RESOLUTION NO. 99- 102 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Mr. Wallace L Joyce 506 Quinnipiac Ave North Haven, CT 06473 Mr. Lawrence Joyce 1268 Commercial Ave Coos Bay, OR 97420 Ms. Joan H Hubbard 110 High St Clinton, CT 06413 Ms. Barbara Showalter 127 Maple St East Haven, CT 06512 Ms. Patricia Harowkewicz 389 Ocean Ave West Haven, CT 06516 Ms. Judith J Corso 128 Robert Dr East Haven, CT 06512 Ms. Lauren K Bowers 62 Grove St Branford CT 06405 REFERENCE: 80409-027 #74412240002 LEGAL DESCRIPTION: COST Lot 6, Block 0, South Tamiami Heights as recorded and platted in Plat Book 3, Page 44, Public records of Collier County, Florida. $245.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FFB 0 9 199t LEGAL NOTICE OF ASSESSMENT OF LIEN fE A ,~ 9 199!~ DATE: Mr. Wallace L Joyce, 506 Quinnipiac Ave, North Haven, CT 06473 Mr. Lawrence Joyce, 1268 Commercial Ave, Coos Bay, OR 97420 Ms. Joan H Hubbard, 110 High St, Clinton, CT 06413 Ms. Barbara Showalter, 127 Maple St, East Haven, CT 06512 Ms. Patricia Harowkewicz, 389 Ocean Ave, West Haven, CT 06516 Ms. Judith J Corso, 128 Robert Dr, East Haven, CT 06512 Ms. Lauren K Bowers, 62 Grove St, Branford CT 06405 REFERENCE 80409-027 #74412240002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, Block D, South Tamiami Heights as recorded and platted in Plat Book 3, Page 44, Public records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 4/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on FEB ~. 9 199~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 ~EB 0 9 1999 This Resolution adopted after motion, second and majority vote. DATED: IffB " ~ 1999 BY: ATTEST: DWIGHT E. BRO~K, CLERK 4Y~ ~~~.';4e ~'Cte~~s t~~,ha-irt1ari~ s Abw~WEfb 02!..!# "TO F,ORM AND,["LEGAL SVFFJjGIENCY: t' Ldit! d 1{ rL " /'-- /D VID WEIGEL (~ COUNTY ATTORNEY CSce 11 - 1/1/99 !=t"8 0 9 1999 RESOLUTION NO. 99- 103 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST El.ena S Grossi 510 S Heathwood Ave Marco Isl.and, FL 34145 Lot 4, Bl.ock 212, of that $245.00 certain subdivision known as MARCO BEACH, UNIT SEVEN, according to the map or pl.at thereof on fil.e and recorded in the office of the Cl.erk of the Circuit Court of COLLIER County, Fl.orida, in Pl.at Book 6, page(s)55-62. REFERENCE: 80515-025 #57676400003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: fEB <~ 9 1999 BY: ATTEST: ,.. ~ I" DWIGHT E':'Blibczj<, CLERK , ," , '~ :.~. '~. ~.~ J(J?(/ ~erllS to 'Chalr.an-. · :J< signature only. " APPROVED AS TO F~RM AND~'~EGAL, U~F,IG!ENC, Y: J f~ .' \' -, \' \, "1 \.. - "" ! " ' / /'---' I / 16,).......-ijAVID WEIGEL.. '(-" COUNTY ATTORNEY BOARD OF COLLI CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~t:B 0 9 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: f'E 80, q iq99 Elena S Grossi 510 S Heathwood Ave Marco Island, FL 34145 REFERENCE 80515-025 #57676400003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 212, of that certain subdivision known as MARCO BEACH, UNIT SEVEN, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of COLLIER County, Florida, in Plat Book 6, page(s) 55-62. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/6/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on FEB -9 mgg and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 RESOLUTION NO. 99-104 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parceli and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Palm Foundation, Inc. Attn:Steven H Loveless PO Box 8786 Naples, FL 34101 REFERENCE: 80619-039 #67342200006 LEGAL DESCRIPTION: COST $315.00 Beginning at the NorthwestRidge corner of Lot 14, Block 3, Pine Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence Not 390 53' 10" West95.76 feet along the joint lot line of Lots 13 and 15 of said Block 3 to a point on a curve; thence 20.58 feet along the arc of a non-tangential curve concave to the Northwest, having a radius of 50 feet and subtended by a chord which bears North380 19' 290 East for 20.43 feet; thence South 39053' 10" East 113.07 feet, 20 feet Northeasterly and parallel the common line between Lots13 and 15 of said Block 3, to the North line of Lot 14 of said Block 3; thence South 830 24'10" West 23.93 feet along said North line of said Lot 14, to the Point of Beginning, being a portion of Lot13, Block 3, Pine Ridge Second Extension as recorded in Plat Book 10, page 86, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FEB 0 9 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: FER - 9 199~ Palm Foundation, Inc. Attn: Steven H Loveless PO Box 8786 Naples, FL 34101 REFERENCE 80619-039 #67342200006 LIEN NUMBER: LEGAL DESCRIPTION: Beginning at the Northwest corner of Lot 14, Block 3, Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence Not 390 53' 10" West 95.76 feet along the joint lot line of Lots 13 and 15 of said Block 3 to a point on a curve; thence 20.58 feet along the arc of a non-tangential curve concave to the Northwest, having a radius of 50 feet and sub tended by a chord which bears North 380 19' 290 East for 20.43 feet; thence South 390 53' 10" East 113.07 feet, 20 feet Northeasterly and parallel the common line between Lots 13 and 15 of said Block 3, to the North line of Lot 14 of said Block 3; thence South 830 24' 10" West 23.93 feet along said North line of said Lot 14, to the Point of Beginning, being a portion of Lot 13, Block 3, Pine Ridge Second Extension as recorded in Plat Book 10, page 86, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $115.00 and administrative cost of $200.00 for a total of $ 315.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on fEB c.~ ~ 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 This Resolution adopted after motion, second and majority vote. DATED: fEA q 1999 . I '_,I " "",' ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY, FLORIDA 4: 'CL&~~.-j;&(l Attest --as to Chal tman \ i s iooature on 11. APPROVED A~\TO FORM , , AND LEGAL S FFICIENCY: / / /l,.~ ~tt.-D VID WEIGEL t COUNTY ATTORNEY CSce 11 - 1/1/99 " FEB 0 9 1999 RESOLUTION NO. 99- 105 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Andres CHanson 785 -109~ Ave N Naples, FL 34108 Naples Park Unit 1 Blk 15 Lot 3 $245.00 REFERENCE: 80727-089 #62426200008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: , fEB ~ 9 19991 r-rl" .. " Ii tl ~'t ATTES.l:' '.. DwiGHT E .:BRqClt, CLERK ~\... ~. ~:,';~"/~4J1. Atu;ras to Cha1rlllan~.s s i gri at.1Jre on 1.Y . ,," APPB.,9VED AS,Tq,FORM AND tEGAL'-SUFFICIENCY: ~I{A (L, J A (l-~ ~.ottID WEIGEL Y COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COL~COUNTY, FLORIDA ( ~ CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FEB 0 9 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: FER ~ , 1999 Andrew CHanson 785 -109th Ave N Naples, FL 34108 REFERENCE 80727-089 #62426200008 LIEN NUMBER: LEGAL DESCRIPTION: Naples Park Unit 1 Blk 15 Lot 3 You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 07/27/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, ~;:E B .' ~i 1991 Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 fEB 0 9 1999 RESOLUTION NO. 99- 1nfi A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Jennifer S Brandon 791 -98th Ave N Naples, FL 34108 Lot 3, Block 66, NAPLES PARK, $245.00 UNIT 5, according to the Plat thereof, recorded in Plat Book 3,at page 14, of the Public Records of Collier County, Florida. REFERENCE: 80821-031 #62777640003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: fEB - 9 1999 ATTEST: D~IGHT',Ei..I.jBROCK, CLERK BOARD OF COUNTY COLLIER COUNTY, COMMISSIONERS ( FLORIDA ~ "'t'''' ;~: ~:r;;~~.,err.. / .4'.<z ::At, est IS to Chairllian', '~lM~Bn~, TO FORM ~~D, LE, GAIr~F'FICIENCY: rJ ' d.. . A(1 /L,' '--" ,1 4' t. ~~- AVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS FEB 0 9 1999 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: fER - 9 1999 Jennifer S Brandon 791 -98th Ave N Naples, FL 34108 REFERENCE 80821-031 #62777640003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block 66, NAPLES PARK, UNIT 5, accordinq to the Plat thereof, recorded in Plat Book 3, at paqe 14, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/25/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable veqetation in excess of 18" in heiqht in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on FE B "" 9 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 February 9, 1999 Item #16A6 RESOLUTIONS 99-107 THROUGH 99-110 RE CODE ENFORCEMENT CASE NO'S 80706- 046/MARY JOHNSON780708-057/BRADAR & COMPANY, INC, & DARRYL J. DAMIC0780709-062/EDWARD J. & LAVERDA L. PELC7 & 80723-057/EILEEN CURRAN Page 166 FEB 0 9 1999 RESOLUTION NO. 99-107 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Mary Johnson 1764 Aquarius CT Ft Myers, FL 33916 Lot 20, Block 1, South Immokalee $245.00 Heights, according to the plat thereof recorded in Plat Book 3, Page 29, Public Records of Collier County, Florida. REFERENCE: 80706-046 #74030640000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ' '., i, \, ~i f~B' q 1999 ATTEST:, OF COMMISSIONERS DWIGHT E;' B"ROCK.,. CLERK FLORIDA 4:,.r:;~~p~- ~;<p.fl Att~st as to Chairman's s~~k~WB"W3, 'tG' FORM AND.L'8~AL t'JiFICIENCY' . J,J(A JI ( -1(L/\,^'----' tvL/O VID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FEB 0 9 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN Mary Johnson 1764 Aquarius CT Ft Myers, FL 33916 DATE: ~E.B ',~ ~ 199~ REFERENCE 80706-046 #74030640000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 20, Block 1, South Immokalee Heights, according to the plat thereof recorded in Plat Book 3, Page 29, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/6/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on fEB - 9 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 RESOLUTION NO. 99- 108 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which ipterest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Bradar & Company, Inc. Darryl J Damico 1820 J & C Blvd #10 Naples, FL 34109 Lot 19, Block 88, of MARCO $245.00 BEACH UNIT FIVE, a Subdivision according to the plat thereof, recorded in Plat Pages 39-46, of the Public Records of Collier County, Florida. REFERENCE: 80708-057 #57191760008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: . I" ^ fS '11 9 ,'6, .,...." ,.199 , ' " 'D ,;.:~l!..., . ATTEST: 4' . DW I GHT E. BROCK ,\:'CLERK ;.' BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY, FLORIDA 0' 4:;z; nl'~fl.~ .AP,rz Attest,as to Chairman's Si~o~~l~.'S..'r:o FORM AN~ LEGA,L SU~F/FIENCY: r." ({fA III ) I Vt~ f<"~~ DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 , f BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA fEB 0 9 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: FE. H - :, 1999 Bradar & Company, Inc. Darryl J Damico 1820 J & C Blvd #10 Naples, FL 34109 REFERENCE 80708-057 #57191760008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 19, Block 88, of MARCO BEACH UNIT FIVE, a Subdivision according to the plat thereof, recorded in Plat Pages 39-46, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on fEA '> 9 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 RESOLUTION NO. 99- 109 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Edward J & Laverda L Pelc 1307 N Kankakee St Lincoln, IL 62656 Lot 15, Block 2, Unit 1, Part 2,GOLDEN GATE, as recorded in Plat Book 11, Pages 11 and 12, Public Records of Collier County, Florida. $345.00 REFERENCE: 80709-062 #35690600005 certified copy of this Resolution shall be records of Collier County, to constitute a according to law, unless such direction is appeal of the assessment of the owner. This Resolution adopted after motion, DATED: ATTEST: fER - q 1999 DWIGHT ~,,\\ ~RP~J<,' CLERK .;;, ' '-',' Jy; pd.W~r.....{~a Attes.t ,as to Cha inta" '$' Sf~"~lAS TO ,FORM ANn'LEGAL SUFFICIENCY: . t 12" I~ k,~tli\V \ --' ftr/15 VID WEIGEL COUNTY ATTORNEY The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a recorded in the official lien against such property stayed by this Board upon second and majority vote. ( COMMISSIONERS LORIDA BY. " CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FEB 0 9 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: FEB ~ 9 1999 Edward J & Laverda L Pelc 1307 N Kankakee St Lincoln IL 62656 REFERENCE 80709-062 #35690600005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 15, Block 2, Unit 1, Part 2, GOLDEN GATE, as recorded in Plat Book 11, Pages 11 and 12, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/13/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Brazilian peppers throughout rear yard. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 145.00 and administrative cost of $200.00 for a total of $ 345.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on F~3 _ ~/"' and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 0 9 1999 RESOLUTION NO. 99- 110 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Eileen Curran 1232 Woodridge Ave. Naples, FL 34103 Naples Manor ADD B1k 12, Lot 36 $245.00 REFERENCE: 80723-057 62101400000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vo~e. DATED: fEB - 9 1999 ATTEST: DWIGHT' 'E.. )}ROCK, CLERK . 4: ,~~~~".<j~e. ::' Attest IS to Cha 1 rman · s :'~lW*B~I9nM- TO FORM AND LEGAL SUFFICIENCY: Mt, eL~''J .~^1 ~' f:V D \rID Wl!:IGEL ~ \" COUNTY ATTORNEY BOARD OF ....... COL~l BY!!:: Pamela S. COMMISSIONERS FLORIDA CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS FEB 0 9 1999 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: fER .~ 4 199~ Eileen Curran 1232 Woodridge Ave. Naples, FL 34103 REFERENCE 80723-057 #62101400000 LIEN NUMBER: LEGAL DESCRIPTION: Naples Manor ADD BLK 12, LOT 36. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/23/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on fEB ~ 9 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 February 9, 1999 Item #16A7 FINAL PLAT OF WHISPERING WOODS - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 167 FEB 0 9 1999 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this ~ day of - ~4 19~, between Peggy Bradley, Cynthia A. Rodriguez and Angel Rene Rodriguez, hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Flonda, hereinafter referred to as the "Board." RECITALS: 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: WHISPERING WOODS 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements requried by said subdivision regulations prior to recording the final plat. NOW THEREFORE, in consideration of the foregoing premises and mutual covanents hereinafter set forth, Developer and the Board do hereby convenant and agree as follows: 1. Developer will cause to be constructed: a 14 foot wide Iimerock surface access drive and retention swale within 12 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County CommiSSioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision perfonnance security in the amount of $ 684.00. which represents ten percent of the total contract cost to complete construction. Upon receipt of said subdivision perfonnance security by the Development Services Director, the developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. 4. 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 fumished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either. a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Directors 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. 6 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 assignee 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 ten percent subdivision perfonnance security. The Developers responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. In the event the Developer shall fall or neglect to fulfill its obligations under this agreement, upon certification of such failure, the County Administrator may call upon the subdivision perfonnance 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 of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision perfonnance 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, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all the provisions of this agreement. ~r:p 11 0 ~noo 63/62/1995 69:64 19417756465 PORTELLA-ROWE ASSOC PAGE 83 APPENDIX A -STANDARD LEGAL DOCUMENTS . All of the terms, convenants and conditions herein contained Ire and shall be biding upon the Developer Ind the respective successors and assigns of the developer. IN WITNESS WHEREOF; the Board and the Developer have caused this Agreement to be execut~~helr duly authonzed representatives this 9~ day of -' 1981 AV41 J,UJ~ l)Cs,~~"'\~. e>>~" e.\.\..A. .'~:~~~ JI... \. \ .,..,.. ~ '- I .. \ .' r .-.: I. ~, Witnessesro: ~~ ~~r~~~~, ~ ' \ '.:, I . ~~u~ ~~ t.J J'j if;j \,,\.' . ,~/r' A nEST::, ..;' DWIGHT e~ BF[OCK, CLERK SOARD OF COUNTY COMMISSIONERS OF COLLIER U TV. FLORIDA , "..-. -~..... By:_ Pamela S. Mac'Kie Chairwoman "'" -' .. .'" .,- . ",_. l .-.... ::;.~. ..~; M /';i' " ~ ;J;;~~ ~ r$4 ~Jh~ . ([ ! ,,/'1 1( , PPf'O," V~88,j "'T and legal sulIici~ ~_ ~f1A-=~ ~f-county Attorney COrd. No.92.73,02; Ont NO.94--S8.03. 1().21.94; Orcl. No. 96-21 ,03) Attest as to Chatnaan's signature onl1_ February 9, 1999 Item #16A8 FINAL PLAT OF AUTUMN WOODS UNIT THREE - WITH PERFORMANCE BOND, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 168 fEB 0 9 1999 COLLIER COUNTY lAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CON$TRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 3~ day Of_:;;!.#_-A.J).I~~ ' 19,22, between CENTEX HOMES, a Nevada General Partnership authorized to transact business the State of Florida, hereinafter referred to as "Developer", and the Board of County Commissioners 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 by the Board of a certain plat of a subdivision to be known as: AUTUMN WOODS UNIT 3. 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 bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: A certain plat of a subdivision to be known as "Autumn Woods Unit 3", with all infrastructure improvements, including potable water system, sanitary sewer system, storm drainage system, roadway system and landscaping consistent with WMBP Project 0-0532-04, Sheets -L through --16-. The required improvements will be constructed within eighteen (18) months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $716.685.00, which amount represents 110% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer, or failure of the Developer to complete such improvements within the time required by the land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer, along with the final project records, have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County land Development Code. f :\autwoods\phase3\1anddevcode Collier County Land Development Code ct"Q n Q -fOQQ Page 2. 5. 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. 6. 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-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. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter, the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer, together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. 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, 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. 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. f :lautwoodslphase31landdevcod Collier County land Development Code FEB 0 9 1999 Page 3. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ,#, day of ~~~ , 19~. SIGNED, SEALED AND DELIVERED IN :3~ ~ {.A_IUz",-,rE....r- CENTEX HOMES, a Nevada General Partnership /)?7af.u~ {~ Signature By: Centex Real Estate Corporation, a Nevada ~aglng General Partner TIM HY. lER Division President By: Printed or Typed Name JvI/J/:/.),4 C'Lt+.s~ Printed or Typed Name STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Timothy J. Ruemler, Division President of Centex Real Estate Corporation, Managing General Partner of Centex Homes, a Nevada General Partnership, on behalf of the Partnership. He is personally known to me and did not take an oath. WITNESS ::1 hand and official seil, I in the County and State last aforesaid this j~. 12 ,10. n.' '-t.L , 19 . ;{,:z. day of_ -krYlMl- g 4dw<r NOTARY PUBLIC My Commission Expires: l$..I';jW;:~{;:.~ T AMAAA'jo"Ui'DWIG ~i. ):1 MY COMMISSION' CC 672910 \'>~'" 'o~"..~ EXPIRES: December 2 2001 (~ .....9f"I~..... Bonded Thru NotaJy PuIlIIc ik.derwritel! f:\autwoods\phase3\1anddevcod Collier Land Development Code WITNESS: Signature Printed or Typed Name Signature Printed o~ Typed Name , t., '~-' '... , I I ATT,EST: L, ~. I~.~, I, .....: DWIGHT E.'BROCK, <:.l_ERK ; A,_~: ~"'~~~..) '~ty'Clerk ,I' ",' , ' ", A1prfved ~~,t9If rmtnd "legal sufficiency: dYJAcL( ~, _2JrlL^-- ,~county Attorney f: \autwoods\phase3\landdevcod Page 4. FEB 0 9 1999 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: 1k~--6JYJj,u~,c;;;, (!halrparson ~~o/7 Attest as to Cha1n11R's signature only- PERFORMANCE BOND BOND NO. 5977317 FES 0 9 fClgf1 1_ KNOW ALL PERSONS BY THESE PRESENTS: That CENTEX HOMES, a Nevada General Partnership, 6702 Lone Oak Boulevard, Naples, FL 34109, (hereinafter referred to as "Owner") and SAFECO INSURANCE COMPANY OF AMERICA, 1601 Elm Street, Suite 2100, Dallas, TX 75201 (hereinafter referred to as "Surety'1 are held and firmly bound unto Collier County, Florida (hereinafter referred to as "County"), in the total aggregate sum of Seven Hundred Sixteen Thousand Six Hundred Eighty Five and no/1 00 ($716,685.00) in the lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas the Owner has submitteed for Approval by the Board a certain subdivision plat named "Autumn Woods, Unit #3", and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter referred to as "Land Development Regulations"). This obligation of Surety shall commence on the date this Bond is executed, and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulation ("The Guaranty Period"). NOW, THEREFORE. if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the land Development ReguJations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default. then this obligation shall be void, otherwise to remain in fun force and effect. PROVIDED, FURTHER, that the said SuretY. for value received hereby. stipulates and agrees that no change, extension of time, alteration. addition or deletion to the proposed specific Improvements shall in any way affect its obligation on this Bond, and It does hereby waive notice of any such change, extension of time, aJteration, addition or deletion to the proposed specific improvements . c:\...\ceI\t'-",,'woo4a,"rform2.bnd Performance Bond f'EP 11 0 10QQ Page 2. . . PROVIDED. FURTH(:R, that it Is expressly agreed that the Bond shall be deemed amended automatically and Immediatelv, without formal and separate amendme(1ts hereto, so as to bind the Owner and the SuretY to the full and faithful performance In' accordance .....with the land Development Regulations. The term · Amendment-, wherever, used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. M "._..,. , ,. . SIGNED. SEALED AND DELIVERED IN THE PRESENCE OF: WITNESS:. r U ~^JJ\-v ~; (Signature) () D~k,J C. lAvL Jj0Na~ (S~I </lio/VVt? ~~~ (Print Name) CENTEX HOMES, a Nevada General Partnership By: Centex Real Estate Corporation, a Nevada Corporation, its Managing General Partner BV: ~~. TIMOTHY J. RUEMLER Division President II State of Aorida Collier, 55 I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personallv appeared, TImothy J. Ruemler, Division President of Centex Real Estate Corporation, Managing General Partner of Centex Homes, a Nevada General Partnership, on behalf of the Partnership. He is personallv known to me. and did not teke an oath. ' WITNESS my hand and4~ci81 seal in the County and State last aforesaid this 0lJz-H....... day of 19 . ' ," c:\'..\contlx\aucwOOCl.lpM0flft2.bnd (1 Performance Bond B 0 9 1999 Page 3. .' . J SIGNED, SEALED AND OeuVERED IN THE PRESENCE OF: . ~ ~.~ '- (Signa . ,." Allyson Dean (Print Name) Attorney-in-fact (Title) ..~.: .... - By: .Signature) , b. Lo/~ .5A/t-h (Signature) Brzl~ WOe}..), (Print Name) State of Texas County of Dallas On this 26th day of Ja~uary . 19 99 . before me personallv appeared A llyson Dean . known to me to be the Attornev.in-Fact of SAFECO INSURANCE COMPANY OF AMERICA . the ~orporation'that executed the within instrument, and acknowledged to rn.e that such corporation executed the same. . I. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in 'the aforesaid county, the day and year in this cenificate first . i~en abov,... DEBORAH GRIFFITH Notary Public. State ofTexas My Comm. Expires 8-23-99 (Notlrv ruuilcl. Deborah Griffith Printed Name My Commission Expires: 8-23.;.99 ,... ~TERSIGNED BY: . ~";)o~~~~~ lIC ED RES DE AGENT / CI\...\elMU\lvcwOCHb\fNttornt2.'nd " m SAfECQ<B> POWER OF ATTORNEY SAFECO INSU~A.N~ !b~~~t": AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 10130 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corDoration does each herebv aDDoint M~MM.M.~M.M...M.....M.~....M.MALLYSON DEAN, Dal las, TaxasM.....MM...M.......M...M...M..M.....MM its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business. Ind to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA hIVe each executed .,d attested these presents this 19 day of February 19 98 . CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS . . . the President. 8l"ly Vice President, the Secretary. and any Assistant Vice President appointed for thlt purpose by the officer in ch..ge of surety operations, shall elch have authority to appoint individuals as attorneys-in-fact or under other Ippropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . , On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or Iffixed or in any other manner reproduced; provided. however, that the sell shall not be necessary to the validity of any such instrument or undertaking," Extrsct from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretlry or an assistant secret..y of the Company setting out, m The provisions of Article V. Section 13 of the By-Llws, and (jj) A copy of the power-of-attorney appointment. executed pursuant thereto, and (Iii) Certifying that Slid power-of-attorney Ippointment is in full force and effect. the signature of the certifying officer may be by fscsimile, and the sell of the Company may be a facsimile thereof." I, R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA Ind of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extrlcts of the By-Llws Ind of a Resolution of the Board of Directors of these corporltions. and of a Power of Attorney issued pursuant thereto, ..e true and correct, and that both the By-Laws. the Resolution and the Power of Attorney ..e still in full force Ind effect IN WITNESS WHEREOF, I have hereunto set my hand 8l'ld affixed the facsimile seal of said corporation this 2~~ day of C)~tM'1' ,19ft. ,.: f " S-974/EP 1193 <B> Registered trademark of SAFECO Corporation. February 9, 1999 Item #16A9 FINAL PLAT OF IMMOKALEE ROAD CENTER-WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 169 FF'Or'l AClt-mL I BARBER BF'lItlDAClE PHOHE 111J. JUH. 15 19'38 09:01A~1 P2 FEB 0 9 1999 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRlOR TO RECORDING OF PLAT AGREEMENT e,n.tered into this ~~ day of ~199 'between J.D. Nicewonder, Jay D. Nicewonder, Jr., Carolyn Nicewonder, Sheny Nice", onder, and Mark D. Nicewonder, hereinafter referred to as "Developer", and the Board of COWlt}' Commissioners of Collier COWlty, Florida. hereinafter referred to as "The Board". RECITALS: 1. Developer has, simultaneously with the delivery offhis Agreement, applied for the approval by the Board of a certain plat of a subdivision to be: kno\\''11 as: lmmokalee Road Center PUD. ? Division 3.2 of the Collier County Unified Land Development Code allows the Developel" to construct the improvements l'equired by said subdivision regulations prior to recording the final plat. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as foUows: 1, Developer will cause to be constructed: fire lines and potable water distribution systems, sanitary sewer collection system, water management system and wetland creation within 18 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2, Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of$32,037.00 which represents 10% of the total c(mtract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Bl)ard of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. 4. The required improvements shall not be COllsidered 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 Deve,lopment Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall. within sixty (60) days of receipt of the statement of substantial compJetionj either: a) notify the Developer in v.riting of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the 1 06/15/98 08:53 TX/RX NO.4745 P.002 . FF'Ot'l ACitlOL I BARBER ERUtlDACiE F'Hi]tlE 110. JUN. 15 1998 09:01AM P3 fEB 0 9 199q 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 refuge preliminM)' approval of the improvements if they are in fact constructed and submitted for approval in accordance with t11C requirements of this Agreement 6. The Developer shaH maintain all required improvements for 4 minimwn period of one year after preliminary approval by the Development Services Director. After the one year mai.ntenance period by the Developer has tenninated, the Developer shaU petition the Development Services Director to inSpect the improvements. The Development SeNie-es 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 shaH release the ten percent subdivision perfonnance security. The Developer's responsibility for maintenance of the required improvenlents shall continue unless 01' untiJ the Board accepts maintenance responsibility fOT the County. 7. In the event the Developer shall fail or neglect to fulfill its obligation rmder tllis Agreement, upon certification of such failUl'e, the County Administrator may caU upon the subdivision performance security to secure satisfactory compJetion, repair and maintenance of the required improvements, The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pUl'suant 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 B03I'd 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 out all of the provisions of this Agreement. 8. 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 ~greement to be executed by their duly authorized representatives this 9?f::i,., day of ~ ." , 199 J 2 06/15/98 08:53 TX/RX NO.4 745 P.003 . FROt'1 ACitmL I BARBER BF:UtlDAGE F'HOtIE t'ID. J Ut,j, 1 ':' 1 "=,':;1::: >'::1'~; ~~l;2Hi'i 1'-'-, fEB 0 9 1999 Witnesses to Carolyn Nicewondel' IIIIS. 4 /". /r----. /,' '7 j , ~' \ By, ,. ?,(':;!'~ ,. y .,A/"",,, '/1,' l $:al'olyn. Nicewonder" owner Printed Name and Title .;:::::--:.<",... /7 //j.> ,.. ) '- ~-:~ //'/'<'" /' ./----'-", /,_ L __....'c.... /};',/-"c c/ , Notary Printed Name Witnesses to Sherry Nicewonder ~ J 1 By: Jfi j i ILl 1h(~' i. (,lJ-J[fa,,, ,~ ) ,II t Sherry Nic~\V()nd~r" owner Printed Name and Title //'! ',. ~ I State of 1',1,/ -/,/ ~/ .'- €ounty of ':-~.,,/ s-/ c"-/' /1/-1..."", - . I .. -' , The foregoing instrument was acknowledged before me this /' {,,/i day of ., _ ,( I '-C: 1998. by Shet't'Y Nieewonder who personally appeared before me and who is personally kno~ or produced identification Type of identification produced: ~/ / / " J: <:. "/-,' /'(''- L ../. ~';...,-'~ .,", ./ (Aftix notary seal) ,<I ~_/~, )/i' ".)"'1: ~otary Public l' ( My Commission Expires: .;;z-;: 1/",7 ,( ,'c"<' / ,-;/ /,' />// < -- '- ,'-, ,< Notary Printed Name /1 '- (t"'",",'/'-')':'tl / 4 06/15/98 08:53 TX/RX NO.4745 P.005 . FROt'! AGtl0L I BARBER BF:LNDAGE PHOtlE t,IO. Witnesses to 1.0. Niccwonder JUN. 15 1998 09:02AM P4 ~F.B 0 9 199q ;icfE!!~::t.( ~;,/ ~ Printed Name and Title . / '" I State of j/ J!,..j&{A// ,,",- Gemlty-of - >/O!t1 ( (1/"../- ~/ The fore,ioini instrument was acknowledied before me this //~/:~ day of~.Je' , 1998. by J.D. Nicewonder. who personally appeared before me and who is personally kllO\V11 ~ or produced identification Type of identifIcation produced: State of j/~ ~~,'<j, I ?--- '''---__..l... . . . e91Jnty of ?t.:2-n '5 'I' " / {'"v-I?, The foregoing instrument was acknowledged before me this / 'I';.:;.(? day of "',~-;( "'1::'''. , 1998, by Jay D. Nicewonder, Jr., who personally appeared before me and who is personally known <fl'.vor produced identification Type of identification produced: ~/ /' j: i G-;.1 <,-..-(:1~~' /-::~::-t...--/.: -/"-" ~.:e / }----/;7 . :,; )"'~.: Notary Pu~lic. . ~',._ ~J ( , My Commission Expl1'es: ~-(..j "/ ,-,.{ "'>'0 ' ~-"I ~ /;::/ /( /''' {J, <' '- ['/" t 1,';'1 )..,.,.., J /7 (Aft1x notary seal) Witnesses to Jay D. Nicewonder, Jr. (Affix notary seal) // A" /, ~".."" ../-:~.. /,-'/ .-' - -.~ ~ ". c../~~/,,~ /~d !, c. " c?,'../JL,')1' \ Notary Public " ~ .. . ~ I.,,', My COmnllSSlOn Expires: .,..h, /,"" ,-1' -;, ,._"",,0. ~~~~;~~'~ " /', {'{ ,~ .~-/,} "".- _.~--1 /.1 t,7 "'),,-{ ./~ / Notary Printed Name By:kv..- if '/1;LY?tttt~4/ /, J'y D. Nicewonder. Jr.. owner Printed Name and Title Notary Printed Name 3 06/15/98 08:53 TX/RX NO.4745 . P.004 FROt1 AC1t'10L i E:HRBER 1::Ir,'Ut-lDHI.11:: r="r;Llj..tc: i ,ti:i. . .-.-- .....-. .... --. ....-. ....-.-.'- -'- - ---. fEB 0 9 1999 Witnesses to Mark D. Nicewonder I & . dA 'LJ,.... )tAtA~ , printe~~f;l; -'A;;v --jji5~J1"> Q o. ~ -;e.. R--u ~~x:::: Printed Name: Cr\ ~ ~b~ l.. 't2..u ~~':) V:' f St,ate of ~ ~/ / <'t. Gowlty-of _ _::::'/ V.... / c;~/ ~ The foregoing instrument was acknowledged before me this /X;.;'{ day of ..z:;, 1"/"2- 1998, by Mark D. Nicewonder who personally appeared before me and who is personally known -Lor produced identification Type of identification produced: ? ' --;~ //,1 / / /7/ "'" / ~~~;.; _- /~_____ ,""/~<- ~;'v L"_-:,~-t' .../'./;/(.;'/C.//'" By: ~ If -1/~ MiUk '0. Ni~<C:!IYQnd.~t. Qwer Printed Name and Title (Affix notary seal) otary Public /' My Commission Expires: ~~ , t ~f "? {,:<'~ / L-//<..- ./-;. "~-/4- (/ "':'1->:'1/).,< I Notary Printed Name / ATTEST: DWIGHT, '~": BROCK. CLERK ~~":''i;a~f7;W/,e--14tr~ce ~.. ~__" _ _ ," . , .'" , ~'. " " P MELA So NAC I KIE, CHAIRWOMAN ,: :Approve~ ~ iof~~~and Attest IS to Cha1run's _ ,'lesal ffi~f~,~~ :,' s1nnature 001 v. ,# '~,( v~v 1:"JJ.l FO .J I" ,', ~. . ~ J:f\r:z-; David B. We~gel 1 u County;A~,omey 03-159j8,due,...pd 5 06/15/98 08:53 TX/RX NO.4745 P.006 . February 9, 1999 Item #16B1 ACCESS EASEMENT TO TWIN EAGLES GOLF << COUNTRY CLUB, INC., TO CONSTRUCT AND UTILIZE A BRIDGE AS A CONNECTOR TO IMMOKALEE ROAD (CR-846) Page 170 FEB 0 9 1999 ACCESS EASEMENT THIS ACCESS EASEMENT, made and entered into this ~ day of ~~ , 19~, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantor to TWINEAGLES GOLF & COUNTRY CLUB, INC., a Florida Non-Profit' Corporation, TWINEAGLES LAND GROUP I, a Florida Limited Liability Company, TWINEAGLES MANAGEMENT, LTD., a Florida Limited Partnership, its sole manager, TWINEAGLES DEVELOPMENT, INC., a Florida Corporation, its general partner and TWINEAGLES COMMUNITY ASSOCIATION, INC., a Florida Non-Profit Corporation whose mailing address is 4099 Tamiami Trail, North Suite 305, Naples, FL 34103, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. ) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive access easement, license, and privilege for access over, under, upon and across the following described lands (the "Easement Area") located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said Easement Area for the purposes of constructing a bridge (and related improvements) across the Cocohatchee Canal and connecting Grantee's road with Immokalee Road (CR-846), provided that Grantor shall approve Grantee's plans prior to construction. Twin Eagles Community Association Inc., a Florida Non-Profit Corporation shall be responsible for the maintenance of improvements constructed or installed by Grantee, unless otherwise agreed in writing, by Grantor. If Grantor determines that a safety or operational problem, or both, exists from Grantee's utilization of the Access Easement, Grantor shall provide Grantee with written notice that the Access Easement shall terminate within sixty (60) days unless Grantee has corrected said operational and/or safety problem within said sixty (60) days. In such event, Grantor shall not be required to compensate Grantee for any improvements constructed or installed by Grantee in the Easement Area. Grantor and Grantee are used for singular or plural, as the context requires. Page 2 FES 0 9 1999 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ," \'" DATED:Y~<'t/??J - ' ATTEST: , ,DWIGHT E. B.ROCK~lerk By: p~~ , , , Deputy Clerk Attest IS to Chafnaan's signature on11_ BY: BOARD OF COUNTY COMMISSIO COLLIE UNTY, FLORIDA ATJPOV d, as, t,o, f,7' ,'l&,l,€O'1," S,Uf,fidr.!CJ ~ J ,,111,0, ".=- ~L( .... h f' .V'~:..~ t"s~ i;;L.lIiL CVu11c.) hL.L.JIII:':y I' I' , , ' I ~ 1h,' ~~ ' I " , i ~~~il . b",...........-. lWINEAGLES GOLF & COUNTRY CLUB ACCESS EASEMENT DESCRIPTION fEB 0 9 1999 A strip of land lying in the southwest quarter of Section 20, Township 48 South, Range 27 East, Collier County, Florida, and more particularly described as follows: Commencing at the southwest corner of said section 20 run N86000'SStlE along the south line of the southwest quarter of said section 20 a distance of 609.98 feet to the Point of Beginning; thence run N03059'OS"W 1 00,00 feet to the north line of a 100 foot wide collier county drainage right of way~ thence run N86000' 55"E along said north line for 100.00 feet; thence leaving said north line run S03059'OS"E for 100.00 feet to the south line of said section; thence run S86000'SS"W for 100,00 feet to the Point of Beginning. Said parcel containing 10,000.00 square feet or 0.23 acres more or less, subject to easements, restrictions and reservations of record. MeAnly Engineering and Design, Inc. 5101 East Tamiami Trail, Suite 202 Naples, Florida 34113 February 9, 1999 Item #16B2 DRAINAGE EASEMENT FROM ENCHANTING SHORES CO-OP, INC. TO IMPROVE FLOOD CONTROL MEASURES IN AREAS DRAINING INTO HENDERSON CREEK Page 171 ~~p n q ~QQQ DRAINAGE EASEMENT THIS EASEMENT, made and entered into this -1- day of ~C'fl.", l" '^ ,19.2.1:., by ENCHANTING SHORES CO-OP, INC., a Florida corporation, whose mailing address is 17 Turquoise Avenue, Naples, FL 34114, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive, license, and privilege to enter upon and to install and maintain drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove 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. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. 1}1 j: ,/ / / -/- /J~,~e~U<2/' y1c~<-../Cl~/2., ENCHANTING SHORES CO-OP, FIRST WITNESS (Signature) INC., a Florida corporation Jld/or.c 5 <5'c~/C/./J';c 7"2-. t (Pri t Name) By: ;..., t/~?~ , STATE OF rltJi'l JdC'- COUNTY OF' ~"",l.tJ ~,. The foregoing Drainage Easement was acknowledged before me this .., day of Uec.(u't\. b"'.~ . 1998, by MIcka eL,lH:Htl,,",/~ 'l?'''1Of'1~ L f.w..u.1JbI~Print Name of Officer), ~lakMJr J VIce PH'~lJ~t(Print Title of Officer) on behalf of ENCJ!iANTING SHORES CO-OP, INC., a F(orida Corporation. He/She is personally known to me or who has produced L'C<''';c-Jl as identification. ~. .. I~ ~ --9~ (Affix notarial seal) J2!t.Vv ~ _ Lt.l (Signature Notary~ -11,..,,,- td .r. Co jJ ; r./ ~1 .p. (Print Name of Notary) Commission # C C 7 () :2 93 2- My Commission Expires: IJ/I1-!()OPJ ('1- ,,'~~~rj:;... DONALD J. COUTURE t:fa" '1:\ MY COMMISSION' CC 702932 ~. ",:;J EXPIRES: December 15, 2001 ':'!.":..,, ~., BII1ded Tl1IU NoIaty Pubic Undelwrl1lrs ~rCl>llred by: L.:' '; (~i f II < ,. .. ^ '".., . ,',: ';"1, r:;~,""1"',,, .:;'~/.r;:' ()[ ';:, " i:'~,:,~ i:" ~',i:~l)rrtCy " J, I" I ' ,-" I f" ", , , ','," , ,;. ;-1 ':' i d:' ")1:11' ,) 'l _', "', ,} '.'" 1 < EXHIBIT A Page---L- of \ - FEB 0 9 1999 PROJECT NO. Roost Road PROJECT PARCEL NO. TAX PARCEL NO. LEGAL DESCRIPTION A strip of land 40 feet wide for drainage purposes abutting and lying north of the following described line. The sidelines of said strip are to intersect at the property lines. Commence at the Southwest corner of the Northeast 1/4 of the Northwest 1/4 of Section 11, Township 51 South, Range 26 East, Collier County, Florida; Thence along the west line of said / / fraction of section, NOI043'SOIlE, 995.2 feet to the Point of Beginning; Thence S73030'OO"W, 905 feet to the Point of Tennination. SKETCH OF LEGAL DESCRIPTION ( NOT A SURVEY) ~ West tine of NE 1/4 I of NW 1/4 I '- Point of Termination -- Point of Beginning 1 ~ r~. ,~ o It"l M '<l" o - ~ N MANATEE ROAD ,Southwest comer of Northeast 1/4 of Northwest 1/4 of Section 11 Point of Commencement ..,........, SCALE: NOT TO SCALE DRAWN BY: RSG CHECKED BY: RSG BY: DATE RI.I&I.4"Q'18 ." .. -- . . . ... ;';'j';\\ ..... *. ~ .,' -.; "t. L .'1', :' arem sf $1 R':, j g~~-~St~~~~~,?EYOR AND MAPPER :. €O~.f)E\lIiLOPMENT & ENVIRONMENTAL , \. SSRVI'OES')DtmS)t>N: ':'pt~tr.'SI!itVI,QES DEPARTMENT isoo. N01tttf. HoRsESHOE DRIVE NAPLE!;;"F1JjRmA 34104 . . ~I February 9, 1999 Item #16B3 RELOCATE WATER MAIN FOR CONSTRUCTION OF COCOHATCHEE CANAL WIDENING ALONG IMMOKALEE ROAD, PROJECT 70061 Item #16B4 AWARD BID NO. 98-2900 TO ALLIED TRUCKING OF FLORIDA, INC./c.B.E. TRUCKING COMPANY, INC. FOR TRANSPORT AND PLACEMENT OF BEACH FILL MATERIAL IN THE AMOUNT OF $362,500.00 Item #16B5 PETITION TM 99-01 FOR RAISED CROSSWALKS TO CALM TRAFFIC AT LOCATIONS PROPOSED UNDER THE SAFE WAYS TO SCHOOLS INITIATIVE IN GOLDEN GATE FOR THE INSTALLATIONS OF FLASHING BEACONS FOR THE SUNSHINE BOULEVARD SCHOOL CROSSING FOR THE AMOUNT OF $20,090.00 FOR THE CONSTRUCTION OF THE PROJECT Item #16B6 GRANT APPLICATIONS FOR TOURIST DEVELOPMENT-CATEGORY nAil FOR BEACH MAINTENANCE AND INLET MANAGEMENT PROJECTS IN THE AMOUNT OF $1,543,007.00 Page 172 FED - 9 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 February 9, 1999 Item #16B7 FINAL ROADWAY TYPICAL SECTION DESIGNS FOR LIVINGSTON ROAD AS AN URBAN FACILITY BETWEEN IMMOKALEE ROAD AND THE LEE/COLLIER COUNTY LINE Item #16B8 CHANGE ORDER WITH GULF STATES, INC., BID 97-2734, AND AMENDMENT TO HOLE MONTES AND ASSOCIATES, INC., WORK ORDER HMA-95-2, RELATED TO REDUNDANT TELEMETRY, PROJECT 70124 IN THE DEDUCT AMOUNT OF $196,570.00 Page 173 FES - 9 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 February 9, 1999 Item #1.6B9 FUNDS FROM SOLID WASTE TIRE GRANT FUNDS TO CO-SPONSER SEVEN LANE ASPHALT ATHLETIC RUNNING TRACK AT LELY HIGH SCHOOL - IN THE AMOUNT OF $33,000.00 Item #1.6C1. - CONTINUED TO 2/23/99 RE THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS FOR PROPERTIES ADJACENT TO THE EXISTING LANDFILL IN TOWNSHIP 49 SOUTH, RANGE 26 EAST, SECTION 25 FOR PUBLIC RECREATIONAL PURPOSES Item #1.6C2 - Moved to Item #8C3 Item #1.6D1. - This Item has been Deleted Item #1.6D2 EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN THE AMOUNT OF $21.0.00 AND CHARGED TO THE MSTD GENERAL FUND Page 174 *** 2434489 OR: 2512 PG: 3006 **, RBCORD!D in omCIAL RECORDS of COLLIBR COUIITY, !L 02/16/99 at 08:11A!l DIIIGHT J, BROCK, CLBRK RBC m 6.00 This instrument prepared by: Heidi F, Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLERK TO THE BOARD IIITEROFFICE 4TH PLOOR BXT 7H 0 j:' F B fI q ,aOq, Property Folio No. 63863160001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ralph W. Taylor & N, Jean Taylor & Keith 1. Taylor 3334 McGregor Blvd, Ft, Myers FL 33901 The Lien was recorded on 01124/91 in Official Record Book 001587, Page 002300, in the Office of the Clerk ofthe Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Seventy. Five Dollars ($275,00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BLK 39 LOTS 29 . 32 OR 500 PG 753 & OR 1214 PG 646 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist, IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~ay of ...;::;:r~ , 1999. .i ~.~ "1 t i :~l . ATTEST: u;. DWIGHT E,'BRQCi\;,Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /k.t -liv6;zwl~ PAMELA S. MAC"KIE, CHAIRWOMAN " ~: ~~.-zI# tl7~~ ~ By: Attest IS to Chalrtlan's signature on1). .11~ J A(VL~ FEB 0 9 1999 Xx~ 2434490 OR: 2512 PG: 3007 KX~ RBCORDED in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLBRK RBC FBB 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLBRK TO THE BOARD INTBROFFICB 4TH FLOOR BXT 7240 I=l j;l {( ,) .... r.^ Property Folio No. 58119480000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Don Hutchison ET UX Karen Hutchison P.O. Box 428 Gold River, British Columbia Canada VOP IGO The Lien was recorded on 06/28/91 in Official Record Book 001628, Page 000721, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 9, BLOCK 424, MARCO BEACH UNIT THIRTEEN, A SUBDIVISION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ,?;CC'day of ~~ , 1999. , \, tl tdW ' " ,.>'> " ,I UI' ATTEST: : ' " , DWIGHT E. BaOe){, Clerk . ~.~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA fJ,xd C?41141'1~ PAMELA S. MAC'KIE, CHAIRWOMAN By: ..' ~: ~~M/~--;.'&e .." ' ? " ,,' , . " Attest' as tc)"Cha1r11411'S signature onlJ. , ... (. ',' ; i,' ,~ '; d' f : c-; e :1 C j 1"J1i"'...'.".";',.. ",l', 'l',l".rj{' 'r1' ",:' "'" ' '\-'/' " "~1f1-J ,- /1 ~ I , .' .\.,.: - ,.'" , . t.- -'" . ;:. 0 'I'';~~'l;t' (Ollnt') ,~ClU~';',j f'\:>;.J. ".......' J ~*x 2434491 OR: 2512 PG: 300B *** RHCORDHD in OPPICIAL RHCORDS of COLLIBR COUNTY, PL 02/16/99 at 08:11AM DWIGHT H. BROCK, CLHRK RHC PHE 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLERK TO THE BOARD INTEROPPICH 4TH FLOOR HXT 1240 fEB 0 9 1999 Property Folio No. 57744520006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: James J Broderick & Rose Marie Broderick 39 Morris Avenue N Patchoque, NY 11772 The Lien was recorded on 05/05/94 in Official Record Book 1943, Page 2218, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 290, MARCO BEACH UNIT 8, A SUBDIVISION. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this.....~ay of ~ &.. , 1999. . ,II (. i' . I~': I' . /'.'. li> ATTEST: '" DWIG~T E.'BROCK, Clerk ....... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ....... kt,: :c.~€~..-d~,~~ I> ' ,. , /".~ " , Attest a's' to' Cha1rllan' S signature onlJ. 12t 1 ' ,.4 ,,(7411/t A // By:_ 'If..l4J/(j'' .. r '"'-.- ~ , / PAMELA S. MAC'KIE, CHAIRWOMAN Nfr;:'\-:i \':iif';')fj/1'A "'~' ~-I---A+.U7';t--.---_. Assistant Count] Attoroej <1 *** 2434492 OR: 2512 PG: 3009 **~ RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLBRK RBC FBE 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLBRK TO THB BOARD INTBROFFICE 4TH FLOOR BXT 7240 , '-' tHo 9 1999 Property Folio No. 57648760001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Andi Pearson Carol Irving P.O. Box 57-1242 Tarzana, California 91357 The Lien was recorded on 05/06/96 in Official Record Book 2179, Page 0048, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 6, BLOCK 184, OF MARCO BEACH UNIT SEVEN, A SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGES 55 TO 62 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flo~ida, ~cting t~rough its .Chairman, directs .execution and r~ding of this SatisfactIOn of LIen, by action of the Board thIS. ~ay of ~ ,1999. . ; ._. ') '; I ( <I ATTEST: , I! I' DWIGHT E. BROCt{,. Clerk , t---:"' I . ~,.. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~c; PAMELA S.- MAC'KIE, CHAIRWOMAN 4!J;;~ ..~t.tr-~-/,<P~ ([ " . Attest, as to Chairman's slgl1ature OR1Je Appr v d as to 1(~m;rYt;11 siJffkiency /1 ,/"\. L. ~~:'___ Assistant County Attorney *** 2434493 OR: 2512 PG: 3010 ~~~ RBCORDED in OllICIAL RECORDS of COLLIBR COUNTY, lL 02/16/99 at 08:11AM DWIGHT E. BROCK, CLERK REC lEE 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLERK TO THE BOARD 16 0 INTBROllICB 4TH !LOOR EXT 1240 2 Property Folio No. 59026000006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ursula Haertel Bomharstr 3 82031 Gruenwald Germany The Lien was recorded on 09/04/98 in Official Record Book 2458, Page 1424, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 15, BLOCK 789 OF A REPLAT OF A PORTION OF MARCO BEACH UNIT TWENTY FIVE, A SUBDIVISION. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this , ',~~ay of ..;;r'~ , 1999. . ~"l' ':~<'!:~~"I' ,. ': .~u A i~ lJ, 1",;,j'" .': : A~ES .,.'/..,", ,.., .I,~ -.,,' .' ',' " ,. ,. DWIGHT 'E:''IiR,OGK;:''Clerk -'4', ~: i',' '. "~.....' \'~':", . " '", - ,a :;-. ; '_, ~;"','.. /"" -:, ,:' ~..p1 4-i:;~~~~~~.t ...~ ~'. - .: . . ..,'. Attest, as' .to. Ch41run S si9"ature on1,'. ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~c:; - , ~ PAMELA S. MAC'KIE, CHAIRWOMAN A1t: a~o r)tl9)(~' Assistant County Attorney This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 ~~x Z4j44~q U~: 'Jl, ~u: jUl1 ^^^ RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLERK REC FEB Retn: 16 \J CLBRK TO THB BOARD INTEROFFICB 4TH FLOOR BIT 7240 6.00 2.\ Property Folio No. 577 44520006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF , COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: James J Broderick Rose Marie Broderick 39 Morris Ave N Patchogue, NY 11772 The Lien was recorded on 03/22/96 in Official Record Book 2161, Page 2130, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 290, MARCO BEACH UNIT 8, SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGES 63-68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and rec~i~ of this Satisfaction of Lien, by action of the Board this '~ay of ~~ ,1999. _ '"i.); ~~:) . ~"":"": '.. '. vii'''' , i ~ . . ,';"'. r '. "(? " ATTEST: .' "~,.' ..-", , DWIGHT E. BROC~'Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,.._' ') .... ,..' "'J ~ A',:'. ." . . '-., . " 'j '". . . '." . .i:;,: ~.~~...~t#...~4.t I ..-: . :~} -1 \ l"~ Attest as to'Chair-.n's signature onlJ. ~ By: ~ PAMELA s. MAC'KlE, HAl RWOMAN d as to!ormj& legal sufficiency AJX: rk J{M~ ~ssistant Count~ Atturn~j This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 xxx 24j44~J U~: LJIL ~u: jUIL ^^^ RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLBRK RBC FBB 6.00 Retn: 2 CLBRK TO THB BOARD 16 n ,. INTBROFFICB 4TH FLOOR LJ BXT 7HO Property Folio No. 62844240006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF . COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Carol L Goodlad TR ITF Fischer Family Trust 727 S Halcyon Rd #16 Arroyo Grande, CA 93420 The Lien was recorded on 03/16/95 in Official Record Book 2039, Page 1148, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Five Hundred Dollars ($500.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 1 BLOCK 76 OF NAPLES PARK SUBDIVISION UNIT NO.6, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, AT PAGE 15, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 9 :btday of -Z'...e. , 1999. , ' '~~ ~'i(LJ iJ .:, ,..' , ;..' I' ;0"" Am-mEST',., " t.'j .J.:~f. .""...i" '.~. DWIGHT'E~ BRO~ Clerk . : ' ...J. ....~ k '. . ,: ;._..\.'.' . -' 4F,#.~~4~~" 1,& l <;/.'~;.' ,', "'.', .. , , ,\ - . Attest 'a~/~ to\'C,hafrun s signature onlJ. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ By: ~ PAMELA s. MAC'KIE, AI RWOMAN /'0.... --' This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434496 OR: 2512 PG: 3013 ~ RBCORDBD in OPPICIAL RBCORDS of COLLIER COUNTY, PL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLERK RBC PBE 6.0( Retn: CLERK TO THE BOARD FE B n n "99~ INTBROPFICE 4TH FLOOR > j I.,.. BIT 7240 Property Folio No. 57744520006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: James J Broderick & Rose Marie Broderick 39 Morris Ave N Patchogue, NY 11772 The Lien was recorded on 01103/97 in Official Record Book 2268, Page 0128, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 290, MARCO BEACH UNIT 8, A SUBDIVISION. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisJ ~ay of~ ,1999. n ~: J l ATTEST:-' rll:.~.i .i,l' DW'~GHT E. BR()@~, Clerk ... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~' 4:f.~~.i.J4I,t.'--d ,tP.(j Attest as to'Chain..n's signature onlJ. BY:~~ PAMELA S. MAC1KIE, CHAIRWOMAN ~'/frL~ Assistant CountJ Attornej This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434497 OR: 2512 PG: 3014 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, Fl 02/16/99 at 08:11AM DWIGHT Bo BROCK, CLERK RBC FBB 6. ( Retn: CLBRK TO THB BOARD \-- E B (} 9 ,999 INTBROPPICB 4TH PLOOR ' ,. " , " EXT 7240 Property Folio No. 51241360008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Elianne Francis 317 SE 13 th Street Immokalee, Florida 33934 The Lien was recorded on 04/08/96 in Official Record Book 2167, Page 1762, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK B IMMOKALEE HIGHLANDS, AS PER PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 1, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and re~g of this Satisfaction of Lien, by action of the Board this, 9'bday of -. , 1999. \..l.J hU;1 ...:;'\'" . ;.. ",:, - ~ .~i/ ATTEST: ' 'v" !?'YIGHT E. BRbd*J Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 4:~e;,J##."..1 ~d ~ \ A~test as' to Cha 1r11iR' S Slgrlature on1J. ~~ ~ By: . '),rb ~ PAMELA s. MAC'KlE, HAl RWOMAN Appro'J d as to flt'n41J7;J~i ~'.:!T;i0nC1 ~LiLj-'L~~ 1\5$ ista.nt County A'i.U:,rn'2j *** 2434498 OR: 2512 PG: 3015 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, F 02/16/99 at 08:11AM DWIGHT E. BROCK, CLERK REC FBB fEB 091999 6. This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLERK TO THB BOARD INTEROFFICB 4TH FLOOR BXT 7240 Property Folio No. 56944760007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David Bernd P.O. Box 460 Marco Island, Florida 33969 The Lien was recorded on 10/04/96 in Official Record Book 2236, Page 0159, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 1, BLOCK 132, MARCO BEACH UNIT FOUR, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGES 32-37, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and ~ of this Satisfaction of Lien, by action of the Board this, ~ay of ,1999. . , ',If!::1 , AT'rEST: DWIGHT E. BROCK, Clerk f:; BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - . " Jr: 't;i'~lP.l Attest, as to Ch~1r.an's s 1 gnature oll1].; By: PAMELA S. MAC'KIE, APf'ored a?:11}ld~",~ ~tant County AtS0!~2J This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434499 OR: 2512 PG: 3016 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FI 02/16/99 at 08:11AK DWIGHT E. BROCK, CLBRK RBC PEB 6, I Retn: CLBRK TO THB BOARD i= E B (I 9 1999 INTBROFFICB 4TH FLOOR BXT 7240 Property Folio No. 62101520003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: John A Simeone 325 N State Street Girard, Ohio 44420 The Lien was recorded on 01103/97 in Official Record Book 2268, Page 0126, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred and Seventy Eight Dollars ($478.00) , plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 3, BLOCK 13, NAPLES MANOR ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisJ~ay of ~ ,1999. , r! .i 'I 'J " h (. iJ" .1 ATTEST: " DWIGHT E; BROCK, Clerk -,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .4,; %~~fiP.rl Attest as tQ Chairman's signature on1,. By: Iik/J~l~ PA~LA S. MAC'KIE, C I RWOMAN ~ ;to ',' crrvfJfj'J"l ", "FI.'^,1C) t--([JJL,Ld~""... . Assistar;t Cou'nt'j At~Ct~l~:I This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434500 OR: 2512 PG: 3017 RECORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, F 02/16/99 at 09:11AM DWIGHT B. BROCK, CLBRK RBC FBB 6. Retn: B CLERK TO T~B BOARD FE (l 9199~ INTBROFFICB 4TH FLOOR EX! 7240 Property Folio No. 57744520006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: James J. Broderick & Rose Marie Broderick 39 Morris Ave N Patchogue,~ 11772 The Lien was recorded on 03/09/95 in Official Record Book 2037, Page 0729, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 290, MARCO BEACH UNIT 8, A SUBDIVISION. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this.1a _day of ~~ ,1999. , , L t.~ Lr , r " <. r ATTEST: ~ ' DWIGHT E. BROCK; Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~~ PAMELA S. MAC'KIE, AI RWOMAN Jy:~;M&(f ", t, ;(;... ' Attest as to Chairman's signature on1J_ 1 ( f' '" 1"1' \I d ~ t" .t':l'" ?), 1:'~\1, S,~!! 1(1<.I'''J A~pro','. a:. v I,., M' '. , ,,0 . / 1 --::::::::: ^~nt County ;..tto';.~ This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434501 OR: 2512 PG: 3018 RBCORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, F 02/16/99 at 08:11AM DWIGHT E. BROCK, CLERK REC FEB 6. Retn: 0 CLERK TO THB BOARD FE 0 (\ 9 1999 INTBROFFICB 4TH FLOOR ElT 1240 Property Folio No. 62203520008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Maurice C Rix 3652 Seagrape Ave Naples, Florida 33942 The Lien was recorded on 03/27/97 in Official Record Book 2299, Page 1008, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Six Hundred And Forty Dollars ($1,640.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 16, BLOCK 5, NAPLES MANOR EXTENSION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and reco.!9-iIJg of this Satisfaction of Lien, by action of the Board this 't ..tt.day of ~-eA!.c- , 1999. ", f,t \ d,. , ",,\,'I..~'~:I.:l,Uf /" ",~ '.! :~" . 1"'0 ~:"..l . ATTEST: ' " ,'(;.~' DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA t C ~ By: ~ PAMELA S. MAC'KIE, C AIRWOMAN ,l/~ t;?~~""7tfP.C!. Att~~t/as to'Chair.an's signature on1J_ Aft, as to, fjrm!JJ l~al ,stlffiCienC) ~aJ11~L~~ As 5 'j:, lall L (our, t.y ~ t ~(.rnl.i *** 2434502 OR: 2512 PG: 3019 ~ RBCORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLBRK RBC FEE fEB 0 9 1999 6.0( This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLBRK TO THE BOARD INTEROFFICB 4TH FLOOR ElT 1240 Property Folio No. 56945680005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Eugenio Lopez & Susana Lopez 505 Gardens Dr Apt 201 Pompano Beach, Florida 33069 The Lien was recorded on 03/27/97 in Official Record Book 2299, Page 0998, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 34, BLOCK 132, MARCO BEACH UNIT FOUR, A SUBDIVISION. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this. 9;,aJ..day of ~-c.A.. , 1999. , I' 'I'Ll '" , II \H~ ., ,0/.: . " " ~"., ArTEST:' ~. " :;~~. I?WIGHT E. BRQCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA c" ~:,t;~.1V?"",_-/ 'f . ~ "\ ."~ ~ " " . ;., Attest as to Chairman's signature 0011_ By: PAMELA S. 13C~ as to /! & )r~, II : SlIfficienq ~- 'L11-L/l~ ~,ssistdnt Coun(v Act::;:I:ej *** 2434503 OR: 2512 PG: 3020 RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, F: 02/16/99 at 08:11AM DWIGHT B. BROCK, CLBRK RBC FER 6.\ FEB U 9 1999 Retl!: CLBRK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 1240 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36003240006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS.oF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Thomas Walsh 2348 Pine Street Naples, Florida 34112 The Lien was recorded on 06/22/98 in Official Record Book 2432, Page 2514, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK 105, GOLDEN GATE UNIT 3. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~~day of....?'~ , 1999. ATTEST: ":(1 DW:1GHT E. BROCK, Clerk . I ~'t/ ~ ." c~~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Jr: ~~~/-1#.i Attest as t~Ch~1n1an'S signature onl,r., " , By: fj,# t,h~~ic::;, PlMELA S. -MAC~'KI~, HAl RWOMAN D ,,''', """J A:pL\~{~~;t"~:U~t)~i0 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434504 OR: 2512 PG: 3021 RBCORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FI 02/16/99 at 08:11AM DWIGHT B, BROCK, CLBRK REC PBE 6.C Retn: CLERK TO THE BOARD FE B (\ 9 1999 INTEROFFICE 4TH FLOOR EXT 7240 Property Folio No. 62838920002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Levon R. Roupeman 21 Arlington Street Brockton, Mass The Lien was recorded on 01/20/81 in Official Record Book 900, Page 1816, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Sixty Dollars ($60.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 6, BLOCK 46, LOT 25. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this CJ;t:L day of ../~ , 1999. . ;~ J/ ~'i' .~,~. ATTEST:' .' UF' . DWIGHT E. BROpK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ;' 'i .,.' -4: ~~RI""H;J7.~ Attest/as ~PChaf~an's signature only. ~ ~ By' . ~ . 'pJ/1 ~d.JK~ OMAN Ap r 'led 21.,5 to form ~. J;91.1 S.UffiCiencY nA riA J-lILJ~ Assistant County Attorney This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434505 OR: 2512 PG: 3022 * RECORDBD in OFPICIAL RECORDS of COLLIBR COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLBRK RBC FBB 6.00 Retn: CLERK TO THB BOARD ~ E ~ (\ q 1999 INTBROPFICB 4TH FLOOR RXT 1240 Property Folio No. 36004160004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ram Ventures Inc. % Facooneer Title & Marble 9853 Tamiami Trl N Ste 106-107 Naples, FI 34108 The Lien was recorded on 06/22/98 in Official Record Book 2432, Page 2545, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred And Forty Five Dollars.($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 14, BLOCK 106, GOLDEN GATE, UNIT 3 . Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 9::t:z, day of ~ , 1999. '1 *1 I ATTEST:'" './ " DWIGHT E. BROCK, Clerk ...,~.'" (. ;" l,., ~: J;~~~II.J4)(l Att~,st IS to Cha f" . S fgnature only.' run s BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~~ PAMELA S. MAC'KIE, CHAIRWOMAN A~P ov d as to fot? t( ~Y1. /L~ ldt tt-.lJl-~._. ---- -.--- AS.s 1$ taii-t County A tt0j'I1~j *** 2434506 OR: 2512 PG: 3023 ~ RBCORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLERK RBC FU 6.01 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLBRK TO THE BOARD INTBROFFICB 4TH FLOOR fE B n 9 i999 BXT 1240 Property Folio No. 62203520008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ma urice C Rix P.O. Box 853 Cedar Key, Florida 32625 The Lien was recorded on 06/15/98 in Official Record Book 2430, Page 1195, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 16, BLOCK 5, NAPLES MANOR EXTENSION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and reco~ of this Satisfaction of Lien, by action of the Board this 9'...u.day of ~ , 1999. '.. ;\ :!/.; ATTEST: ,f :,:,' DWIGHT E. BROCK, Clerk . )' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i!J/,,/ /J/!,. ~41 B i: .y'V/) t ," ... /') . f/j y: , ',' l,,~)V \. PAMELA S. MAC'KlE, J.p. ;t;..a'~J~~~( Attest as, to Chaf~ . Signature on1J. -an $ An:;r,ii~:' 1';0' &,j'''1 - 'r' . 'ITt f' .'. ",j I'd IIl;ttl,;"",! II . (:nc,y ---J.:)L~~-_____ ~A~ ASSls~ant County Attornej *** 2434507 OR: 2512 PG: 3024 * RBCORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLBRK REC FBB 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLBRK TO THE BOARD INTBROFFICE 4TH FLOOR RXT 1240 ,~ t H 'l3 9 :,999 Property Folio No. 36305840007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Lee D McCaskey & Joan J McCaske 1200 Lastrada Ln Naples, FI 33940 The Lien was recorded on 07/27/98 in Official Record Book 2444, Page 2420, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred And Sixty Five Dollars ($265.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 20, BLOCK 189, UNIT 3, GOLDEN GATE. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and reco~~ of this Satisfaction of Lien, by action of the Board this 9~ day of ~ , 1999. '. \L'.l:~ l)j.l" ~;I.;...li 'U./l .<~","> ,,:~,:::;.(t:"_, ATTEST", ";'~i",::, ~(";.. . .;', '.r', ' t . r-::" D~JGHT E. BRctCKfClerk .~.. "~ .. << J'" ;; ~ . jl -: J1:t;.aw;;Y~A1 ......~~ '-I; '- 'j' 1'';~ ,i', . ,',' '" ,...." :;.. Attest "~s to' bi~ irlllan I s signature on1,y_ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ) .' APrJ~J'")l!l~'C1:CJ AS';l::1.c'illt COUilty j',i.,,(jl'nq *** 2434508 OR: 2512 PG: 3025 * RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLERK RBC FBE 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLBRK TO THB BOARD INTEROFFICE 4TH FLOOR BXT 7240 ~ E B lj 9 1999 Property Folio No. 57750200006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Euestolio Leal Socorro Santillan 2433 S 60Th Court Cicero, II 60650 The Lien was recorded on 07/27/98 in Official Record Book 2444, Page 2430, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred And Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: TRACT OF LAND DESCRIBED AS FOLLOWS, LOT FOUR (4) , BLOCK TWO HUNDRED-NINETY- EIGHT (289), OF MARCO BEACH UNIT EIGHT (8), IN A SUBDIVISION. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and rec~ of this Satisfaction of Lien, by action of the Board this 9::t:Lday of~ , 1999. <)0' ;. ,('.' ,'\, d (~: '/' ~ ~i' tt;...~:~ ATTEST: DWIGHT E. BROCK, Clerk , I, ; , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~~ PAMELA S. MAC'KIE, CHAIRWOMAN 4y;,~~~~,." ...<tM Attes~/as to\Chair.an's si~ature on1J. Appl'rJE.; .a~; t fV2n & m;1f[~ ( . I n/ ____. ,.__..._ , t _.~-1-. -, ' 't\s'si:t-i.~rl~t Coun'c:{ MJ:)'~:\ This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434509 OR: 2512 PG: 3026 * RBCORDBD in OFPICIAL RECORDS of COLLIER COUNTY, FL 02/16/99 at 08:11AM DWIGHT E. BROCK, CLBRK REC PBE 6.00 Retn: CLBRK TO THE BOARD 'r E \3 l] 9 1999 INTEROPPICB 4TH FLOOR BXT 1240 Property Folio No. 57747040004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Nivardo Martinez & Elba Martinez 892 Chancellor Ave Irvington, NJ 07111 The Lien was recorded on 07/27/98 in Official Record Book 2444, Page 2424, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred And Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13 IN BLOCK 294, OF MARCO BEACH UNIT EIGHT OF A SUBDIVISION. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and re~ of this Satisfaction of Lien, by action of the Board this 9~day of__ ,1999. , I- i:! i, '. " ,,(.i ATTEST: ' '<{ DWIGHT E. BROS:&! Clerk : -' \ 4;x~p~.~~4/,1--14~ , ' Attest' as to'\ 'Cha frllan 's signature only. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APror:d a)~ f:J~~ ~tant County Attorney *** 2434510 OR: 2512 PG: 3027 * RECORDED in OFFICIAL RBCORDS of COLLIBR COUNTY, PL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLBRK RBC FEE 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774.8400 Retn: CLBRK TO THE BOARD INTEROFPICB 4TH FLOOR EXT 1240 fEe (l 9 1999 Property Folio No. 82536080004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Marulanda, Antonio & Flor 816 Grand Ave. NORTH BERGEN, NJ 04047 The Lien was recorded on 08/31/98 in Official Record Book 2455, Page 3232, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Eight Hundred And Fifty Dollars($850.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 156, WILLOUGHBY ACRES. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs eXYfution and recording of this Satisfaction of Lien, by action of the Board this ~ day of-:;?"'~ , 1999. ',:," .,q"I/I! " ," !, . - fJ' .' , 'ATTEST: . ',' t" , DWIGHT E. BROCK, Clerk ~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1"':<, ' ..0( ~~ ,~ By: I ~ PAMELA S. MAC'KIE, C :.z\IRWOMAN ~, ~~-<p'(fd , ,/ ' ,,1'(', " ' ~ttest. as to t'i)~ 1 rJlan · $ signature only. A~P"O' eo ,15 t01' I'm y)1'1I,\,1 sufi i< i 'nCl ~ al!L~ Assistant County P,'dornt'Y This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434511 OR: 2512 PG: 3028 * RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLERK RBC FBB 6.00 Retn: CLBRK TO THB BOARD' E B (l 9 1999 INTBROFFICE 4TH FLOOR BXT 7240 Property Folio No. 36447040008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Lars E= & Ann A Larsson 1001 Murrphy Dr Joliet,IL 604352837 The Lien was recorded on 09/04/98 in Official Record Book 2458, Page 1430, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Dollars ($400.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 20 BLOCK 250 UNIT 7 PART- GOLDEN GATE. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 9;6t, day of-::7~ ,1999. , Ii-I . ,. '.1;, (/ '. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Jr:M.in1~... .;4{(2 By: ~~l~ PAMELA S. MAC'KIE, C AIRWOMAN '. hLtc~t as to ChaiM1an's signature on1]. APprO~fr: J as to :~r, tt)11-k1A-Fl.1 S'lffi~ T'.'" t ''''/ __ .._.' .____ ~;, k;~;t Ouiltyp,t.l,0rnsy *** 2434512 OR: 2512 PG: 3029 * RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/16/99 at 08:11AM DWIGHT E. BROCK, CLBRK RBC PEE 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLBRK TO THB BOARD INTBROPFICE 4TH FLOOR BIT 1240 fEB 0 9 1999 Property Folio No. 57681240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Raymond Quinlan & Deborah Quinlan 428 S Country Rd East Patchoque, NY 11772 The Lien was recorded on 09/04/98 in Official Record Book 2458, Page 1420, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred And Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 219, OF MARCO BEACH UNIT NO. SEVEN, A SUBDIVISION. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recor~g of this Satisfaction of Lien, by action of the Board this 9~ day of~ ,1999. > \.~\ .~~ \ d/. j I-~ ~., .;.; ..~ . , , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~~~ PAMELA S. MAC'KIE, C AIRWOMAN ATTEST: " DWIGHT E. BROCK, Clerk 4r:: ~')-/l.(f , ", ' ' , . , Attest as to Chainuan's signature on1J. . .L, C 1 . ,,1 s"'1':' ;': i~n:y Apr)'\'f"" " a<: 'oflmj{'fll-!] ^ ..... ' . I ,'ll \J \..! .... Il ,. .A ~ss i starit--Coufity AtLo'!:-ney'---- .- *** 2434513 OR: 2512 PG: 3030 * RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLBRK RBC FEE 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLERK TO THE BOARD INTEROFFICB 4TH FLOOR BXT 1240 r: E B (i 9j99~j Property Folio No. 62096080001 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Klondie Aragon Jose A Pena 48 Myron St. Clifton, NY 07014 The Lien was recorded on October 02, 1998 in Official Record Book 2466, page 3004, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 11, BLOCK 8, NAPLES MANOR ADDITION, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs executio~<},recording of this Satisfaction of Lien, by action of the Board this 9-;J::1-. day of -..:r~ , 1999. ~. ~, j J . c. '..) , ATTEST: DWIGHT E. BROC~, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ,.,- -- ". By: ~~~ PAMELA S. MAC'KIE, HAl RWOMAN c 4:~~'7Af?rl , " Attest as to Cha1r~'s s1~atur. onlJ. APP"ovta.s totr~!t1Q, 1':):J~~i-'jN1C~ ->-, - ---..-,...--'-- {tL._.~ -. Assistant County Attorncj *** 2434514 OR: 2512 PG: 3031 ** RECORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLERK RBC FBB 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLERK TO THB BOARD INTBROFFICE 4TH FLOOR BIT 1240 FEE q 9 iqqil Property Folio No. 36180440004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Sunbrella Homes Inc. 9085 Winterview Dr. Naples, FL 34109 The Lien was recorded on 10/02/98 in Official Record Book 2466, Page 3008, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred And Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 3, BLOCK 158 OF UNIT 4, PART 1, GOLDEN GATE. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and reco~ing of this Satisfaction of Lien, by action of the Board this ~ day of .....;r~ , 1999. " ;IU ./' , "J/, ATTEST: . DWIGHT E. BROCK, Clerk . , -_.~ .' ~'" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i' 't' ij::?!~ /p'il ~ By: ~ PAMELA S. MAC'KIE, AI RWOMAN Attest as to Chainaan's s1~ature onlJ. .. 1ft1' ,j j~\',"'''U.'''''.' r"," ~ Ass istant COlll1-t'y'pitorn~:; This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434515 OR: 2512 PG: 3032 *: RBCORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL 02/16/99 at 08:11AM DWIGHT E. BROCK, CLERK RBC PEB 6.00 Retn: CLBRK TO THB BOARD:F ~ fi Q 199~ INTBROFPICB 4TH FLOOR .- ~.. ,. EIT 7240 Property Folio No. 62096120000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Klondie Aragon & Jose A Pena 48 Myron Street Clifton, NJ 07014 The Lien was recorded on 10/02/98 in Official Record Book 2466, Page 3010, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 12, BLOCK 8, NAPLES MANOR ADDITION. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfactiqn qfLien, by action of the Board this ~ day of ~ ,1999. ~ 1-. I; ~J;'/;. , . , '. "',, v ATTEST: '- p,WIGHT E. BROQJ{; Clerk ~~ . . )J' ~ .i;~~~fi.,.~j ~.rJ. Attest as to Chair.an's signature oolJ. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~~ PAMELA s. MAC'KIE, CHAIRWOMAN AJtJ;l;;!Mtin.;"'l This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434516 OR: 2512 PG: 3033 *1 RECORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL 02/16/99 at 08:11AM DWIGHT E. BROCK, CLBRK REC PBB 6.00 Retn: i~~:~O~~I~~E BOA:~H FLOOR FE B 0 q 1999 BIT 1240 Property Folio No. 62096080001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Klondie Aragon & Jose A Pena 48 Myron Street Clifton, NJ 07014 The Lien was recorded on 10/02/98 in Official Record Book 2466, Page 3012, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 11, BLOCK 8, NAPLES MANOR ADDITION. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs ex~on and recQ!Jling of this Satisfaction of Lien, by action of the Board this day of -=:7~ , 1999. ,': . \,,: '.' ";!"~~//;i ' ,~i ,'c"~:~(\lJ; . .' ", i~l,~. .~..' 'r ,', ATTEST: ,,: '~i::';.~~: .. . .', ".~' J+WIGHT E. ,'B}tOCK" Clerk =:"; ,,', ~_; .,~". ,.'. ,!\~:~:i.'~ i;!:t;.~h~ ~:'), . """'~', ; . '. Attest as to ChairMan's sjynature on11. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ By: ~ PAMELA S. MAC'KIE, C AIRWOMAN A~;).{to f?rm !J!}}pa~ sufficlenCl -fl .L1LJL-\..._~ Assistant CountJ Attorney This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434517 OR: 2512 PG: 3034 ** RBCORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL 02/16/99 at 08:11AM DWIGHT E. BROCK, CLBRK RBC FEE 6.00 Retn: i~i:~o~~I~:E BOA:~H FLOOR : E e }g i'199 BIT 1240 Property Folio No. 62096120000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Klondie Aragon & Jose A Pena 48 Myron Street Clifton, NJ 07014 The Lien was recorded on 11/09/98 in Official Record Book 2478, Page 3098, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 12, BLOCK 8, NAPLES MANOR ADDITION. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and re~ of this Satisfaction of Lien, by action of the Board this ~day of _ , 1999. ) '),:~~~~.~..tt~,~~ii).' ". , ATTEST ,,/,;,': <~{i:'\~\ :',; ~':.itl~.;~ ;':: '<j.. InVIGHT 'E. BROCKt, Clerk '," t _"\ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~~ PAMELA S. MAC'KIE, CHAIRWOMAN - j.~ . . ~,~f.'67fJ?rl / .' . .'L ..' . Attest" as' to "Ch'a frun' s signature onlj. APrJ/:1to L"JffuS= Assistant CountJ Htornsy This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434518 OR: 2512 PG: 3035 ** RBCORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL 02/16/99 at 08:11AM DWIGHT E. BROCK, CLERK RBC FBB 6.00 Retn: CLERK TO THE BOARD ' ;.. 4 a 9 1999 INTBROFFICE 4TH FLOOR EXT 7240 Property Folio No. 57680760001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Sylvia S Miller 1301 Delaware Ave SW Apt N -622 Washington, DC 20024 The Lien was recorded on 12/04/98 in Official Record Book 2487, Page 3408, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred And Foryt Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 1 BLOCK 219 OF MARCO BEACH UNIT SEVEN, A SUBDIVISION. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and reco~ of this Satisfaction of Lien, by action of the Board this 9~ay of ~ ,1999. ,. \)Y ,~f((J ()I' ATTEST: ,'.' DWIGHT E. BROC~ Clerk ~-". : ' ", f;,r, 4{~t?~,+JP.(l lj , "~ ' Attest as/to Chafrian.s signature on1J. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ By: t:; PAMELA S. MAC'KIE, CH IRWOMAN APP~ as to f~JJle,al SUf."fiCiCnCJ 11 d 1 r//J A l A . t( +-Ul.-~ SSlS ant aunty Attoi'oej *** 2434519 OR: 2512 PG: 3036 *~ RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/16/99 at 08:11AM DWIGHT E. BROCK, CLBRK RBC FBB 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLERK TO THE BOARD INTBROFFICB 4TH PLOOR ~:F B 0 Cl f99~ BXT 1240 Property Folio No. 62098880005 SA TISF ACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Magda L. Rodriguez Registered Agent for Ernesto Rodriguez Construction, Inc. 211 N W 27th Ct. Miami, FI 33125 The Lien was recorded on March 26, 1991 in Official Record Book 1601, page 2305, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Forty Dollars ($440.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 4, BLOCK 10, NAPLES MANOR ADDITION, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exec~ol),and recording of this Satisfaction of Lien, by action of the Boardthis 9'~ day of ~~ ,1999. 1~~..~ ~':~J i" ... . f... -~ ~'.. 110.I' ATTEST:: ::'.'" . '~> . D:VIGHt,:E:B~,O~K(Clerk ""'.. -, L"'j. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA 4:~;f:~~ ...~) #. € . , .. .. j ~ \ '. " Attest as to Chaina&n's signature onlJ. ~~ By: PAMELA S. MAC'KIE, CHAIRWOMAN API'~vt~ as to f02~1~ ~4a~t Qunty f.tl,or fk.'1 *** 2434520 OR: 2512 PG: 3037 ** RBCORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL 02/16/99 at 08:11AM DWIGHT E. BROCK, CLBRK REC PEE 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLERK TO THB BOARD INTEROPPICE 4TH PLOOR RXT 7240 ':: F Pi) q Nqq Property Folio No. 60605002906 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Doris Grossman 4051 Ice Castle Way Naples, FI 33962 The Lien was recorded on April 08, 1996 in Official Record Book 2167, page 1760, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Ninty Eight Dollars ($398.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 35, BLOCK B, MOON LAKE, UNIT ONE, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 9;1:;1.., day of -.;'~ , 1999. A TJESf~~;Ah ( ; " . .' .. ,r ,.~f..., 1 DWIGHT'E:tBROCK, Clerk , .:'~, " ," '.. {', .,':r :>:::.r::<'~~~~; BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA 'Jr:,~-~~jMl ""..\ .c' " " Attest ;af\;tQ~ ~tia1r11111' s signature on1J_ BY:.~~ PAMELA S. MAC'KIE, CHAIRWOMAN 1J;.d a~, t too" ffO ~1~ncJ ~Countj Att(\j":lej --J This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2434521 OR: 2512 PG: 3038 ** RBCORDED in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLBRK REC FBB 6.00 Retn: CLBRK TO THE BOARD ,:; E B 0 9 i9g~ INTBROFFICB 4TH FLOOR BIT 7240 Property Folio No. 59022200004 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Fulvio Ava Salvador A v Filandia, Res Montana 21-A Alta Florida Caracas Venezuela The Lien was recorded on September 16, 1996 in Official Record Book 2228, page 2104, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 3, , BLOCK 786, OF A PORTION OF MARCO BEACH UNIT TWENTY -FIVE, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its <:;ltainnan, directs exec~n JIld recording of this Satisfaction of Lien, by action of the Board this ' '1# day of ~ , 1999. ,} :.r : ('LI i i,.:' A TrEST:, DWIGHT E: BRo.CK~:flerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA -.... '" " ly:"t;~ ~"'.'1,<Po r/. "/ ! ~.,- ,." ~-;, \'. \ < ,I, . t., -. Attest as to Chairman's signature onl}. ~ By: ~ PAMELA S. MAC'KIE, C AIRWOMAN A~prr 'ed a\ to form & ,1<'9, ~,l, ,<:,,,nff 1 c; rncy JL1~ 0:. l1J~ As s i s rant COU'!~Lj 1\ li.::' '1 t:"; *** 2434522 OR: 2512 PG: 3039 xxx RBCORDED in OFPICIAL RBCORDS of COLLIER COUNTY, FL 02/16/99 at 08:11AM DWIGHT B. BROCK, CLERK REC FEB 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLERK TO THE BOARD INTRROF~ICE 4TH PLOOR ,; E 8 n 9 1999 EXT 1240 Property Folio No. 56931680006 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ivor Kacenberg 4203 Beach 42nd St. Brooklyn, NY 11224 The Lien was recorded on October 02, 1998 in Official Record Book 2466, page 2958, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 2, BLOCK 115, MARCO BEACH UNIT FOUR, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 9~ day of .....;;;:r~ , 1999. , ", !\ 41;' ,- . -" , 1,), b',/" ATTEST:,::," , , ,,'0; .. ,. ...-t;"'f"" "". , DWIGHr;~.~.BR{)~Clerk f,' .<! ""'-, ,",' ,; ":..:-' . r.,_;'t ...1: . BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA j-f/':f~~p~..d /P.rL "'i{' , .'.' :\.\"? ' Attest '~s t!o4th~'ifaan' s signature onlJ. By: ~~ PAMELA S. MAC'KIE, CHAIRWOMAN C"~ : A~~I:J1J:!L~J Assistant County Attorney i** 2434523 OR: 2512 PG: 3u4u AAi RBCORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/16/99 at 08:11AM DWIGHT E. BROCK, CLERK REC FEE 6.00 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLBRK TO THE BOARD INTBROFFICE 4TH FLOOR BIT 1240 ~,111 (!.nHn Property Folio No. 35985640000 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Frank Kirby Therese Kirby 670 13th St. NW Naples, Fl 34120028 The Lien was recorded on October 02, 1998 in Official Record Book 2466, page 2974, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, ifany, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 23, BLOCK 85, GOLDEN GATE, UNIT NO.3, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs executi:~t recording of this Satisfaction of Lien, by action of the Board this ~ day of ~ , 1999. ",ti, I ,,\ I 'I' ....1.. t :,,, ," t/it" A ITEST: ,: ~' '~'" t;~'; I),WIGHT E. BRQCK';;:Clerk . , ~";.-l '. .....1' BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA -..... . ~ . ~.. 4Lt~,j;}f.'--.~A (l " ',,1',' :-'": \<" 1~, ".: Attest as to Chafnlan's signature on)J. C'; , ~ By: ~ PA ELA S. MAC'KIE, C AIRWOMAN February 9, 1999 Item #16D3 AWARD RFP #98-2856 TO WILSON, MILLER, BARTON AND PEEK, INC., FOR PROFESSIONAL SERVICES TO PREPARE A DEVELOPMENT OF REGIONAL IMPACT APPLICATION AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT PERMIT FOR THE MAIN GOVERNMENT COMPLEX IN THE AMOUNT NOT TO EXCEED $199,500.00 Item #16D4 APPROPRIATE CARRY FORWARD AND RECOGNIZE REVENUE FOR THE RETIRED AND SENIOR VOLUNTEER PROGRAM FUND (116), RSVP ITEM #1 Item #16D5 APPROPRIATE CARRY FORWARD AND RECOGNIZE REVENUE FOR THE RETIRED AND SENIOR VOLUNTEER PROGRAM FUND (116), RSVP ITEM #2 Item #16El BUDGET AMENDMENTS 99-130, 99-139, AND 99-141 Item #16Gl MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the BCC has been directed to the various departments as indicated: Page 175 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FEBRUARY 9,1999 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. 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. January 11 - 15, 1999 B. January 18 - 22, 1999 3. Minutes: A. City/County Beach Renourishment Advisory Committee - Agenda of January 7, 1999 B. Collier County Planning Commission - Agenda of January 7, 1999 and minutes of November 19 and December 3, 1998 meetings C. Environmental Advisory Board - Agenda of January 6, 1999 AGENO~EM No. / FEB 09 1999 Pg. / February 9, 1999 Item #16H1 ARTICLE V TRUST FUND GRANT-IN-AID FROM THE OFFICE OF THE STATE COURT ADMINISTRATOR IN THE AMOUNT OF $19,496.00 Page 176 "- ..-.--~r---"- FEB 0 9 1999 Article V Trust Fund Grant-in-Aid Agreement for Collier County, Florida This Agreement is made between the Office of the State Courts Administrator (the "OSCA") and the Collier County Board of County Commissioners (the "Grantee"). The parties agree that: A. The OSCA will pay the Grantee up to $19.496 as a grant-in-aid pursuant to Specific Appropriation 2219 of the 1998-99 General Appropriations Act and ~25.402, Fla. Stat. (1997), for costs incurred under Article V of the Florida Constitution in operating the state courts system, contingent upon sufficient County Article V Trust Fund collections. Upon written request for the release of the funds, the OSCA will payout three disbursements prior to July 31, 1999 to the Grantee. B. The Grantee has a population of greater than 74,999 and will use grant monies provided under this Agreement in accordance with ~25.402( I )(d)(2), Fla. Stat. (1997) for expert witness fees in criminal cases, court reporting and transcribing costs in criminal cases, and costs associated with the appointment of special public defenders. I. The Grantee will submit a written requisition to the OSCA for release of grant funds no later than February 19, 1999. 2. The Grantee, in consultation with the chief judge of the Twentieth Judicial Circuit, will submit a detailed, written plan for use of grant funds to OSCA no later than February 19, 1999, for OSCA's use in reporting to the Florida Legislature. 3. The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial branch, or a state agency. 4. The Grantee will retain grant funds not encumbered by June 30, 1999 for subsequent use in accordance with Provision B. The Grantee will return grant funds not encumbered by June 30, 2001, along with interest accrued, to the trust fund for distribution to all counties in the fund's fourth year. C. This Agreement is subject to the following terms and conditions: I. 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 records for a period of 4 years following the conclusion of this Agreement. 2. The Grantee will maintain all records made or received in conjunction with this Agreement in accordance with the requirements of rule 2.051, Florida Rules of Judicial Administration. lof2 FEB 0 9 1999 3. The Grantee will release grant funds in accordance with the requirements of *215.422, Fla. Stat. (1997), incorporated as Attachment A. 4. (For less than $25,000) Within 30 days after the termination date of this Agreement, the Grantee will provide a sworn statement to the OSCA and the Auditor General attesting to the Grantee's compliance with the requirements of this Agreement. (For $25,000 to $100,000) Within 30 days after the termination date of this Agreement, the Grantee will provide to the OSCA and the Auditor General an audit performed in accordance with the Auditor General rules promulgated pursuant to * 11.45, Fla. Stat. (1997), or a statement prepared by an independent certified public accountant that attests to Grantee's compliance with the requirements of this Agreement. (For more than $100,000) Within 30 days after the termination date of this Agreement, the Grantee will provide to the OSCA and the Auditor General an audit performed in accordance with the Auditor General rules promulgated pursuant to 911.45, Fla. Stat. (1997). 5. If, in the judgment of the OSCA, the Grantee for any reason fails to comply with the terms of this Agreement, the OSCA will have the right to terminate the Agreement on 5 days written notice by certified maiL In the event oftermination, the Grantee will return all grant funds to the OSCA for reversion to the Article V Trust Fund. 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, 1999. FLORIDA SUPREME COURT, OFFICE OF THE STATE COURTS ADMINISTRATOR GRANTEE , Kenneth R. Palmer State Courts Administrator ',a_ LL Date ... .;~~.. ~""t--2jj"';, .:.:~;';; D~ . '. . . ),/ Ii..X . ,~. . -'.~~ ATTEST: ' , <f!!J'r ': :5": ~ O~nGHT E. BROCK, CLERK . : ' J.y: .'t;;P1~~~~Ir1.e. 20f2 Attest IS to Cha1r11ft'S signature onll_ (':\1 )nClllHl.:l1l\Mndcl.hig.\\pd February 9, 1999 Item #16I1 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 140 AND 840 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. RONALD G. BENDER AND MICHELE J. BENDER, TRUSTEES UNDER THE CERTAIN DECLARATION OF TRUST DATED THE 17TH DAY OF MAY, 1991, ET AL., CASE NO. 98-1394-CA (LIVINGSTON ROAD EXTENSION, GOLDEN GATE PARKWAY TO RADIO ROAD) - STAFF TO DEPOSIT $6,156.00 INTO THE REGISTRY OF THE COURT Page 177 FES - 9 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 ---,---_......".,-~,~_....., Item #16I2 February 9, 1999 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 515 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. DAVID R. CLEMENS AND LUCILLE C. CLEMENS, ET AL., CASE NO. 98-1393-CA (LIVINGSTON ROAD EXTENSION, GOLDEN GATE PARKWAY TO RADIO ROAD) STAFF TO DEPOSIT $40.00 INTO THE REGISTRY OF THE COURT Page 178 FEB - 9 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 February 9/ 1999 Item #16I3 STIPULATED ORDER OF TAKING AND FINAL JUDGMENT AS TO RESPONDENTS, JOHN A. PULLING, JR., LUCY GAIL FINCH, AND JOHN A. PULLING, SR. RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 111, 112, 612, 711, 712A, 712B, 811A AND 811B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN A. PULLING, JR., ET AL., CASE NO. 98-1674-CA (AIRPORT-PULLING ROAD 6- LANING PROJECT - PINE RIDGE TO VANDERBILT BEACH ROAD) - STAFF TO DEPOSIT $209,085.25 WITH THE REGISTRY OF THE COURT Page 179 FEB - 9 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 February 9, 1999 Item #17A ORDINANCE NO. 99-8 RE PETITION R-98-2, MARIO CURIALE REQUESTING A ZONING CLASSIFICATION CHANGE FROM DAD AGRICULTURAL TO DC-5D HEAVY COMMERCIAL DISTRICT, FOR PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST APPROXIMATELY 2000 FEET EAST OF C.R. 951 IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 3.35 ACRES Item #17B - Moved from Item #13Al RESOLUTION 99-111 RE PETITION CU-98-23, A. GLENN SIMPSON, REQUESTING CONDITIONAL USE D1D OF THE DAD RURAL AGRICULTURAL ZONING DISTRICT FOR EARTHMINING PER SECTION 2.2.2.3 FOR PROPERTY LOCATED AT 7000 BIG ISLAND RANCH ROAD IN SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 105.32+/- ACRES Page 180 , "",---' FEB 0 9 1999 RESOLUTION 99- 111 A RESOLUTICN PROVIDING FOR THE ESTABLISHMENT OF EARTHMINING CONDITIONAL USE "1" :::-J THE "A" RURAL ':;'GRICULTURAL ZONING DISTRICT PURSUANT ~8 SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 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 "1" of Section 2.2.2.3 in an "A" Rural Agricultural Zone for earthmining on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- FEB 0 9 1999 The petition filed by A. Glenn Simpson 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 "1" of Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for earthmining in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 1. Blasting is not permitted. 2. The excavation is limited to a bottom elevation of -11.0 feet NGVD. 3. A required lake littoral zone planting area of 10% of the perimeter of the shoreline is required prior to final acceptance. 4. Prior to final acceptance, a 20 foot maintenance easement around the perimeter of the lake shall be dedicated to Collier County with no responsibility for maintenance. 5. Prior to commencement of earth mining operations, an eastbound turn lane shall be constructed on CR 846. The Collier County Transportation Services Director shall determine the time for construction of a westbound turn lane. 6. Prior to commencement of earth mining operations, a bond of $25,000 for potential damage to CR 846, shall be posted with the Collier County Transportation Services Director. 7. The Collier County Transportation Services Director shall determine Road Impact Fees. 8. The access point to the subject site shall be subject to the Collier County Access Management Plan. 9. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 10. The Planning Services Director is authorized to make minor changes to the site plan. 11. Hours of operation shall be 7 a.m. to 7 p.m. Monday through Friday; no excavation or hauling operation shall be allowed on Saturday or Sunday, except in instances where contracts for "public" jobs dictate otherwise. -2- FEB 0 9 1999 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this '1~ :UlJ.~'HJd ATTEST" ..... ,,'. " , .'... : -'!" ," ,:.:" j,.. DW~GHT E. BROC~~ Clerk .-=:; ~ .- -' ~.. . . , , ~., , .,'.... ,'-, a.: ~:'rl~.;.~ ~/" '6#J~ (/. ~.";/., ." " \ ',_ I..~, '. Approved: :~s. ,to Form and Legal Sufficiency: ~A~~ Jm .y):v..d1Ad Marj le M. Student Assistant County Attorney f/CU-9B-23 RESOLUTION day of ~~ I 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Attest 1$ to Cha1naan's signature onl,. -3- FEB 0 9 1999" ..-', r f,. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDI,]~IONAL USE PETITION FOR CU-98-23 The following factu are found: 1~ Section 2.2.2,3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interent and will not adversely affect other property or uses in the same dif3trict or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon ,~ith particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and accef3S in case of fire or catastrophe: Adequate ingl::-ess & egress Yes No C. Affects neighboring properties in relation to noise, glare, e<::onomic or odor effects: No affect or Affect mitigated by _____ Affect cannot be mitigated D. Compatib:llity with adjacent properties and other property in the district: Co~?atible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ~ DATE: CHAIRMAN:~ f/FINDING OF FACT CHAIRMAN/l:U-98-23 _..._--_._----~-~--~--~------------, Exhibit "A" ~I ., LEGAL DESCRIPTION THE EAST 1/2 OF THE NORTHEAST 1/4 SECTION 25, T47&, R27E EXHIBIT uB" FEB 0 9 1999. 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