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BCC Minutes 07/09/1990 S Naples, Florida, July 9, 1990 LET IT BE REMEMBERED, that the Board of County Commissioners ~n iland for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such spec]al districts as have been created accordinG to law and having conducted business .herein, met on this date at 9:00 A.M. in SPECIAL SESSION in Building i'"F" of the Government Complex, East Naples, Florida, with the followinG members present: CHAIRMAN: VICE-CHAIRMAN: (Absent) (Absent) Max A. Hasse, Jr. Michael J. Volpe Richard S. Shanahan Burr L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Ellie Hoffman, Deputy Clerk; Nell Dorrill, County Manager; David Wetgel and Brenda Wilson, Assistant County Attorneys; Frank Brutt, Community Development AdmintstratGr; William Lorenz, Environmental Services Administrator; John Bo]dr, Water Management Director; George Archibald, Transportation Services Administrator; Tom Olltff, Assistant to the County Manager; Jay Reardon, Emergency Services Administrator; and Gary Arnold, Emergency Management Coordinator. Page July 9, 1990 ?~:' *** Co~,aAssioners Saunders and Ooodnight absent, as reflected in 3/0 votes Item · CO~S~ AG~A ~PRO~D ~ OR ADOPTED WITH C~GES Co,missioner Shanahan moved, seconded by Commissioner Volpe and carried 3/0, that the following items under the consent agenda be approved and/or adopted with the exception of Item 14Fl which ia to be · continued and brought back. FINAL PLAT OF "BERKSHIRE LAKES, UNIT FIVE" - WITH STIPULATIONS Accept the Irrevocable Letter of Credit as security to guarantee completion of the Subdivision Improvements. Authorize the recording of the final plat of "Berkshire Lakes, Unit Five". Authorize the Chairman to execute the Construction and Maintenance Agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance 5. That the plat not be recorded until the two off-site drainage easements have been approved and accepted by the B,.Jard of Commissioners, and duly rec.',rded SeePages Item ,14A2 · FINAL PLAT OF "IMMOKALEE AGRICOM PARK PHASE I" - WITH STIPULATIONS Accept the Irrevocable Letters of Credit as security to guarantee completion of the subdivision improvements. Authorize the recording of the Final Plat of "Immokalee Agricom Park, Phase I." Authorize the Chairman to execute the Construction and and Maintenance Agreement. 4° That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. See Pages /3-- B, / ' ~ ' /~ ~tFFO~LE HOUSING TASK FORCE GRANTED 90 DAY EXTENSION OF CURRENT M~MBERS TO COMPLETE AND SUBMIT THEIR FINAL REPORT DUE APRIL 30, 1990, EITHER ONt OR PRIOR TO JULY 31t 1990 Item #14A4 BUDGET AMENr~iF~NT TO TRANSFER FUNDS FROM COMMUNITY DEVELOPMENT TO MANAGEMENT INFORMATION SYSTEMS, CLERK OF COURTS Page 2 July 9, 1990 ACCEPTANCE OF SECURITY TO GUARANTEE COMPLETION OF EXCAVATION PERMIT NO. 59.3?5 "MARCO SHORES UNIT 30 GOLF COURSE", LOCATED IN SECTION 14 & 15~ TOMNSHIP 51 SOUTH, RANGE 26 EAST See Pages /~'C, /' C~ RESOLUTION 90-355 AUTHORIZING PRELIMINARY ACCEPTANCE OF ROADWAY AND I~AI~AGE IMPROVEMENTS FOR THE FINAL PLAT OF PELICAN BAY, UNIT THREE - WIT~ STIPULATIONS Accept the Maintenance Bond as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. 20 Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance. SeePages Item #14A? RESOLUTION 90-355 AUTHORIZING PP~KLIM?NARY ACCEPTANCE OF ROADWAY AND DRAINAGE IMPROV~MENTS FOR THE FINAL PLAT OF PELICAN BAY UNIT SEVEN - WITII STIPULATIONS Accept the Maintenance Bond as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance. SeePages It~ ~14A8 RESOLUTION 90-3§? AUTHORIZING PRELIMINARY ACCEPTANCE OF ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF PELICAN BAY UNIT EIGHT - WITH STIPULATIONS Accept the Maintenance Bond as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. See Pages /~-- ~, / ' F ~ It~ ~14A9 RESOLUTION 90-358 AUTHORIZING PRELIMINARY ACCEPTANCE OF ROADWAY AND DRAIRAGE IMPROVEMENTS FOR THE FINAL PLAT OF PELICAN BAY UNIT NINE WITH STIPULATIONS Accept the Maintenance Bond as security for maintenance of the infrastructure until the Board of County Commiss~oners grants final acceptance of all improvements. See Pages ~ It~#l~O RESOLUTION 90-359 AUTHORIZING PRELIMINARY ACCEPTANCE OF ROADWAY AND ~.:'DRAIN&~X IMPROVEMENTS FOR THE FINAL PLAT OF PELICAN BAY UNIT TEN - WITH STIPULATIONS Page 3 ~" July 9, 1990 Accept the Maintenance Bond as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. See Pages /,~-- ,~, /'"' ,~ ~ Item #14All RESOLUTION 90-360 AUTHORIZING PRELIMINARY ACCEPTANCE OF ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF PELICAN BAY UNIT ELEVEN - WITH STIPULATIONS Accept the Maintenance Bond as security for maintenance of the infrastructure until the Board of County Commissioners Grants final acceptance of all improvements. See Pages /3'~, /' ~, ~ Item #14A12 RESOLUTION 90-361 AUTHORIZING PRELIMINARY ACCEPTANCE OF ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF IMPERIAL GOLF ESTATES - WITH STIPULATIONS Accept the Irrevocable Lett,'~r of Credit (posted) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improve- ments. 2. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. See Page. ~~ Item #14A13 FINAL PLAT OF "QUAIL WALK, PHASE ONE" - WITH STIPULATIONS 1. Accept the Irrevocable Letter of Credit as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Quail Walk, Phase One." Authorize the Chairman Lo execute the Construction and Maintenance Agreement. 4. That no Certificates of 0ccupany be granted until the required improvements have received preliminary acceptance. 5. That the 6' temporary off-site drainage easement be recorded prior to the plat being recorded. See Pages /3--/~, / ' ~_, // Ite~ 914A14(A) RESOLUTION 90-362 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE FOR LOT 17, BLOCK 132, OF MARCO BEACH UNIT FOURr GISELA CASTRO AND ROSA GINART See Pages ~ Item #14A15(B) RESOLUTION 90-363 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE COMMENCING AT THE SOUTHWEST CORNER OF Pege 4 C~ $u1¥ 9, 1990 TRACT"A", MAINLINE SUBDIVISION, PARCELS 1.35 & 1.59, COLLIER COUNTY, FLORIDAr YVES DKSSALIN~S AND JULIENNE DELOUCHE It~ #1,&Al4 (C) RESOLUTION 90-364 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE FOR LOT 11, BLOCK 68, OF MARCO BEACH UNIT TWOr TIMOTHY R. FOX AND DEBRA S. FOX See Pages Itel #14A14(D) RESOLUTION 90-365 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE FOR LOT 15, BLOCK 156, GOLDEN GATE UNIT FIVEr SERGIO JIMENEZ It~ #14A14(E) RESOLUTION 90-366 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE FOR LOT 24, BLOCK 14, NAPLES MANOR ADDI- TION, ANDREW T. KANE AND ALBENIA L. KANE '~u.. RESOLUTION 90-36? PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE FOR UNIT NO. 35, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUNr PHILLIP L. LEEr INC. ': Item ~llAll(G) RESOLUTION 90-368 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ABATEMENT OP PUBLIC NUISANCE FOR LOTS 27, 28, 29 & 30, BLC2K 4, NAPLES MANOR EXTENSION, JOSEPH J. LAUREN, TRUSTEE UNDER JOSEPV J. LAUREN TRUST See Pages ~__ Item ,14A14(H) RESOLUTION 90-369 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE FOR LOT 5, BLOCK 2?9, OF MARCO BEACH UNIT EIG~I, ALAN LINDSAY, JEROME LILLICRAF, BRIAN BARKER, EDMOND PAGANO, HILARY DURNO, AND PATRICIA R. MIKELSON R~$O~UTION 90-~?0 PROVIDING ~0R ASSESSMENT 0~ LIEN, ~0R ~ COST 0~ ABATemeNT OF PUBLIC NUISANCE FOR LOT 11, BLOCK 796, SECOND REPLAT OF A PORTION OF MARCO BEACH, UNIT SIX, MARCO CASTAWAYS RESORTt INC. 'RESOLUTION 90-371 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF "ABA~ENT OF PUBLIC NUISANCE FOR LOT 24, BLOCK 92, UNIT 3 PART -- GOI~DKN GATEr I~-DMARD J. PASTORE Page July 9, 1990 Item #14A14(K) RESOLUTION 90-372 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ABATEMEB"f OF POBLIC NUISANCE FOR LOT 37, BLOCK 81, GOLDEN GATE UNIT NO. 3~ J.W.J. INVESTMENTS INC. RF-.~OL~TION 90-373 PROVIDING FOR ASS]~:4SMENT OF LIEN, FOR THE COST OF ABAT~NT OF FUBLIC NUISANCE FOR LOT 39, BLOCK 81, GOLDEN GATE UNIT NO. S, J.W.J. INVESTMENTS, INC. SeePages HESOLUTION 90-374 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE FOR LOT 2, BLOCK 333, OF MARCO BEACH UNIT TEN, A~E~ WEISKNBACHER, PATRICIA R. MIKELSON~ AND RICRaRD RICHTER SeePages JW,/ -- Item FINAL PLAT OF "BRIARWOOD, PHASE ONE" - WITH STIPULATIONS That the final plat not be recorded until the required impro- vements have been constructed and accepted or until approved security is received for the incompleted improvements and that construction shall '~e completed within 36 months of the date of this approval. Authorize the Chairman to execute the Construction and Maintenance Agreement. That no building permits be issued until the final plat is recorded. That no construction approvals be granted until minor tech- nical aspects on the plat are corrected, and the off-site drainage has been resolved to the satisfaction of Project Review Services. Item,14A16 See Pages FOR EXCAVATION PERMIT NO. 59.155 "IMPERIAL WEST LAKE 1 'B'" Item ~14B1 SeePages ACCEPTANCE OF DUNE CROSSWALKS IN CONJUNCTION WITH CONSTRUCTION OF COLLIER COUNTY BAREFOOT BEACH PRESERVE PHASE I AND RELEASE OF FINAL PA%~E~T TO G~ORG~ BATCHELDER AND RELEASE OF LETTER OF CREDIT FROM C & S B~M~ Item #14B2 ACCEPTANCE OF QUITCLAIM DEED BY JACK AND MARY FREEDMAN FOR ROAD RIGHT-OF-MAY ALONG xa= NORTHERN BOUNDARY OF RADIO ROAD Page 6 $~[y 9, [990 '- Ite~ #lAB3 RFP 89--1&66 RE ANNUAL SURVEYING SERVICES CONTRACTS AWARDED TO AGNOLI, B, AI~ & Bt~INDAGE, INC., ANCHOR ENGINEERING, INC., COASTAL ENGINEERING CONSULTANTS, INC., AND WILSON, MILLER, BARTON & PEEK~ INC. ': Item #14B4 ACCEPTANCE OF WARRANTY DEED GRANTED TO COLLIER COUNTY FOR ROAD RI~HT-OF-WAY ALONG THE NORTHERN BOUNDARY OF RATTLESNAKE HAMMOCK ROAD Item #14B5 See Pages ACOEPTAI~CE OF IMPROVEMENTS TO THE RUNWAYS AT THE IMMOK~LEE AIRPORT AS COMPLETED BY THOMAS CONSTRUCTION UNDER BID 90-1532 AND AUTHORIZATION OF THE I~TAINA~E IN THE AMOUNT OF $7,288 Ite~#14~ ACCEPTANCE OF ~UITCLAIM DEED BY O%~EN M. WARD, AS TRUSTEE, FOR ROAD RIGHT--OF-WAY ALONG T~ SOUTTrI/CRN BOUNDARY OF IMMOKALEE ROAD See Pages !3- 3C, /. O0 ,,,.6' Ita #14B7 ACCEPTANU~ OF WARRANTY Dw.~.D GRANTED BY AYRES PARTNERSHIP, FOR ROAD I~TGHT--O~-W&y ALONG THE SOUTHERN BOUNDARY 0~ IMM0gir, w-E ROAD Item#14D1 See Page A~ANCE OF BERKSHIRE/COUNTRYSIDE CONNECTION SEegER FACILITIES OR Book 1543 Pages 1033-1036 Ite~,14D2 ACCEPTANCE OF THREE UTILITY EASEMR. NTS AND TWO TEMPORARY CONSTRUCTION EASE~ENTS A~, PART OF THE SOUTH COUNTY REGIONAL WASTEWATER FACILITIES BID ~90-1570 TO PROVIDE SIGNAGE FOR THE NEW COLLIER COUNTY COURTHOUSE "~ TO HA~FEEY~ SIGNS IN THE AMOUNT OF $26,965 ACCEPTAI~'E OF THREE DRAINAGE EASEMENTS FROM COAST COMMTINITIES OORPOH~TION OUTSIDE THE BERKSHIRE LA~S UNITS Ite~el4F1 See Pages RFP-~O--1661, MOBILH COMMAND POST VEHICLE - TO BE BROUGHT BACK AS ~tiuI~%~ B~C A~ENDA ITEM Commissioner Shanahan requested a discussion with regard to the Emergency Services Mobile Command Post Vehicle. Page ? July 9, 1990 Emergency Services Administrator Reardon stated that this item is a proposal to negotiate with the cha:~:is manufacturer and then come back to the Commission with a bid proposal. He related that the manu- facturer will provide a chasis for a bus type vehicle. He indicated '~ that Staff will also solicit bids for radio communication systems to be installed tn the vehicle. Mr. Reardon explained that thfs Is a three phase project: the vehicle, communications equipment, and computer linkage. He reported that the current mobile command post is a panel van that used to be a bookmobile and in the last 18 months, it has been used 6 or ? times and broken down in route 3-4 times. He indicated that this is an attempt to put equipment on line to serve the community for many years to come. Commissioner Shanahan noted that the the'cost of the vehicle ~s $130,000, and the total package is estimated to cost $335,000. He indicated that this seems like a lot of money, and feels that the costs should be looked at and questioned very closely. Mr. Reardon explained that a committee comprised of represen- tatives from the Sheriff's Office, County Fire Services, EMS, the Service Utilities, and other interested entitles have met to discuss and review the proposals. He related that proposals have ranged as high as $500,000 but Staff is attempting to put a unit together that will meet today's needs as well as those in the future, at a reaso- nable cost. Gommissioner Shanahan suggested that Staff look ~nto ways of bringing the cost down below $335,000. Commissioner Hasse stated that he believes that this equipment fs vital to many sections of the County, and this is not something that 18 replaced every year. "In answer to Commissioner Volpe, Mr. Reardon advised that the com- mittee spent many hours planning the type of vehicle that is needed. He indicated that bids were received but were unacceptable due to the turn around time, and the chasis was rebid. He stated that Staff Page 8 July 9, 1990 feels that very good prices have been received for the chasis, and he would like to move forward in sending the communication package out to bid and come back to the Commission within 30 days with an award for the vehicle as well as the communication package. Mr. Reardon stated that data will be obtained from computers so that the various emergency services departments can operate indepen- dently, and in the event of a hurricane, this would be the dispatch center for the entire County. He indicated that he does not believe that the cost for the radios and the computerization will cost the full $200,000. Emergency Management Coordinator Arnold advised that he believes that the bids for the communications equipment will be approximately $1OO,000. He noted that the computers will be a third package which he estimates will cost approximately $20,000. Commissioner Hasse stated there has not been adequate com- munications with different units throughout the County in such instan- ces as forest fires. He indicated that even though this is a lot of money, he is not quarreling with the fact that the equipment is needed. Mr. Reardon reported that in addition, the vehicle will be uti- limed to work closely with the telephone company and if the 91! cir- cuit Is lost, the dispatchers can plug the equipment into the UTS building and have that capability up and running. Commissioner Volpe stated that it appears that the permanent com- mand post needs to be upgraded in the event of a hurricane or a County wide emergency. Mr. Reardon explained that there is the need for both the fixed facility and the mobile command post since one cannot substitute or replace the other. County Manager Dorrill suggested that Staff be autho~ized to nego- tiate a final price, and not accept the price for the coach but deter- mine what the total package price will be, and bring back to the Commission with recommendations. Page 9 July 9, 1990 It was the consensus of the Commission that this item be continued and brought back as part of the regular agenda. 'EXECUTION OF LICENSE AGREEMENT FOR LELY TRACT "L" See Pages /3- ff~ /" FF, ~ CONTHACT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND AMENDMENT TO ~ WITH POST, BUCKLEY, SCHUH AND JERNIGAN, INC. RE STORMWATER MANAgEMEnT MASTER PLAN - APPROVED Commissioner Volpe stated that the initial workshop relative to the Stormwater Management Master Plan has been held, and it now appears that $25,000 is being paid for someone to make an assessment of certain Levels Of Service. Water Management Director Boldt advised that at the same time there was a contract with Post, Buckley, Schuh and Jernigan, Inc., (PBSJ} to put together the County-Wide Master Plan, the State mandated that the Water Management Districts provide local governments the Level Of Service standard for their works of the Basin District. He related that the Water Management District was prepared to spend $100,000 for a consultant to do some of the work that the County's consultant was already doing, but putting it into a different format. He indicated that Staff encouraged the District to use PBSJ to obtain the information they had accumulated to accomplish their goals for a lesser cost. He advised that the District will be giving the County $25,000 to expand the contract with PBSJ to obtain the rquired infor- mation. He reported that the County is merely the pass through, but PBSJ is really doing the work for the Water Management District, at a savings of approximately $75,000 to the taxpayers of Collier County. It was the consensus of the Commission to approve Staff's recom- mendation. Itu ~14G3 SOLID ~ASTE DEPARTMENT BUDGET AMENDMENT FOR $50,000 FOR EXPENSES KEL~TED TO THE COLLECTION OF SPECIAL ASSESSMENTS FOR TRASH COLLECTION BY COLLIER COUNTY TAX COLLECTOR July 9, 1990 KESOLUTION 90-375 CONFIRMING COMPLIANCE WITH SPECIAL PERMIT CONDITIONS AND 4 AS CONTAIN~D IN THE DEPARTMENT OF NATURAL RESOURCES, DIVISION OF BEACHES AND SHORES PERMIT NUMBER DBS 88-208 C0 Ita e14H2 See Pages CON~JULTING LANDSCAPE ARCHITECTS FOR RFP #90-1522 IMMOKALEE BEAUTIFICATION DISTRICT FINAL RANKING: MCGEE & ASSOC., INC., J. ROLAND LIEBER, P.A., AND A. GAIL BOORMAN & ASSOC. STAFF TO NEGOTIATE A CONTI~9~'T WITH NUMBER ONE FIRM Ira #14H3 BID ~90-15T1 P~]RCHASE OF LECTEI~NS FOR ~E CO~THOUSE AWNED TO O~ICE Commissioner Volpe requested that a discussion be held with regard to the Bed Tax. He indicated that he spoke with the County Attorney relative to adding a separate referendum on the September 4th ballot which would allow the electorate to vote on a 2¢ Bed Tax, and exclude the additional 1¢ for the stadium facility, in addition to the referendum on the 3¢ tax which the Commission voted on several months ago. He questioned whether the other members of the Commission may be interested in pursuing his suggestion. Commissioner Shanahan recalled that when this issue was previously discussed, it was left with the possibility of changing the 3¢ to 2¢ if privatization came about. Assistant County Attorney Wilson stated that she reviewed the legal opinion that was issued by Cummings and Lockwood on behalf of an unkno~n taxpayer, but it has no basis in any particular cases nor are i 'ithere any cases confirming this legal opinion. She advised that her legal opinion is unchanged, and the Commission has the authority to submit this to referendum, and nothing has been improperly done in any way whatsoever. She noted that the opinion relates to the interpreta- tion of what the word "shall" means. She explained that the Statutes and the ordinance references the "shall" as what the Tourist Page 11 July 9, 1990 .%.: Development Council shall do. She reported that she has no problem with what has been done, and going forward with same. Commissioner Volpe questioned whether the alternative 2¢ Bed Tax ~could be added to the September referendum. Attorney Wilson replied that an emergency meeting would need to be conducted, and an emergency ordinance would need to be advertised in order to meet the July 23 cut off date. She noted that this would possibly open up the Commission to challenge as to whether or not there was sufficient advertising, and whether the public had been sufficiently made aware of the public hearing, if this would pass. Attorney Wilson reminded the Commission that if the 3¢ Bed Tax passed on the ballot, there is the opportunity, by super ma3ority to reduce this to 2¢, if so des].red. Commissioner Hasse stated that he feels that the proper approach, should the 3¢ Bed Tax be approved, would be for the Commission to step back and reduce it to 2¢. Commissioner Volpe questioned the status of the Coastal Barrier Beach Management Plan. Environmental Services Administrator Lorenz advised that the total plan will be ready by the end of the year. He ~ndfcated that the plan will include an inlet management plan which will discuss all of the County's inlets, i.e. inventory, natural resouz'ces, and the present capacity of the inlets. Page 12 July 9, 1990 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 9:50 A.M. ~:ATTEST: JAMES C. GILES, CLERK BOARD OF COUNTY COMMISS BOARD OF ZONING APPi OFFICIO GOVERNIN( SPECIAL DISTRI( CONTROL ~A ~{ASSE '- These minutes !.,[i al presented J roved by the Board on or as corrected Page 13