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BCC Minutes 12/11/1990 R Naples, Florida, December 11, 1990 LBT IT BE REMEMBERED, that the Board of County Comml~sioners An for the County of Collier, and also acting as the Board of Zoning and as the governing board(s) of such special dist~ricts as been created according to /aw and having conducted bu. siness · met on this date at 9:00 A.M. in ~ULAR EISSION in Building the Government Complex, East Naples, Florida, with the ~g members present: CHAIRMAN: Max A. Hesse, Jr. :. ~ VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan ~i ' Burr L. Saundere Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Annette Guevin, Wands Arrighi and Ellis Hoffman, Deputy Neil Dorrill, County Manager; Ron McLemore, Assistant County Ken Cuyler, County Attorney; Ramiro Manalich, Assistant Attorney; George Archibald, Transportation Services trator; Frank Brutt, Community Development Services ~tor; Ken Bagineki, Planning Services Manager; John JewekA, Project Review Services Manager; Tom Conrecode, Office of ~tal Projects Management; Dick Clark, Code Enforcement Supervisor; Arnold, Sam Saadeh, Bob Lord and Bill Hoover, Planners; Sue Ad.~lnistrative Assistant to the Board; and Deputy ~yron Sheriff's Office. Page i December 11, 1990 ~' S~anahan ~:~ved, seconded by Co~mlae~oner Go~dnlght ~J~o~sl¥, that the ~ ~d consent a~enda be Item #14C! - Request by the Information and Referral Blue Ribbon Task Force Committee for an extension until January, A992 - Continued. (Requested ~¥ County Manager ) Item #12B - Recommendation for approve! of amendments to the articles of Incorporation and ky-laws of the Collier County Agricultural Fair and Exposition, Inc. - Request that this Item be heard at 10:30 A.M. cancelled. (Commissioner Goodnlght) Item #120 - Discussion of evening meetAnge schedule for December and Januar~ - Added. (Requested by Board of County Com~teeloners.) OF I~GULARAID SPECIAL MEITIIG$ OF OCTOBER 23, 1990, NORESHOP OF OCTOBER 24, 1990 AND RE(~]LAR MEETING OP OCTOBER 30, 1990 - Co-~temione= Sh~nahan ~oved, seconded by Co--taaloner Goodnlght ~md. carried unani~ousl¥0 to approve the Minutes of the Regular and I~ettng~ of October ~3, ~990, #orkshop Session of October 1990.~ndRegu/~ Meeting of October 30, 1990 90-~ R~_PET~ION_PDA-90-9, JO~N D, LEE OF HOLI, MONTES & _ , ,, ~BKNTIMG LXI~ CARE C01~UNXTX KIQUIITZ]I~ Al ~ T0 ~T i~ WAPt~ Legal notice having been published Jn the Naples Daily News on November 21, 1990, as evidenced by Affidavit of Publication filed with public hearing was opened to consider Petition PDA-90-9 by John D. Lee of Hole, Montes & associates, Inc., representing !e-Care Communities of America, Ltd., to consider an Ordinance the Retreat et Naples PUD Docu~.ent by amending Subsection 3.3 care facility aa an ac:cessor¥ uae together with cfi- uae. Saadeh, Planning Services, atat~.d the proposed child care ~:., Page 2 December ~l, 1990 flc~lit¥ will be an accessory use to an existing medical facility and 'W~i! be for employee use only. He said this petition is consistent the Future Lend Uae Element (FLUE: of the Growth M&nagemen~ P~&n all rev~ewing agencies have granted their approval, subject to .mtipulations which have been incorporated Into the PUD document. He i.~nformed that there has been no corres~ondence for or against the He concluded the CCPC has forwarded Petition PDA-90-9 to Board with a unanimous recommendation for conditional approval, act to the stipulations in the PUD document. John Lee with Hole, Montes & Associates, representing'the peti- indicated the owners have recognized the need of their 240 ess for child care facilities and are attempting to accommodate concerns by having children in close proximity to where their ~xente work. He said the child care facility will be located in the ~d~Anistrative wing of the health care facility and will be subject to HRS licensing requirements. j. In answer to Commissioner Volpe, Mr. Lee responded that in some of PUD documents, Staf~ ~e addin; new environmental st~pula- tions to bring them up to date with cur:ant amendments to Collier .C0t/nt¥ ordinances. u3~an~mou~ly, to close the pub/i,: hearing. Coll/eeloner Shanlhan moved, seconded blf Commissioner ~oodnight ClXTied unani~l¥, that Petition PDA-90-9 be approved eubJect to mtApul&~Aon~ incorporated into the PUD document and that the am numbered and titled below ~ adopted and entered into Book No. 4~: ORDINANCE 90--91 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-97, AS PREVIOUSLY AMENDED BY ORDINANCE NUMBER 86-27, WHICH ESTABLISHED THE RETREAT AT NAPLES PLANNED UNIT DEVELOPMENT; BY AMENDING SECTION 2, LAND USE REGULATIONS FOR TRACTS A, B & C, SUBSECTION 2.2 - PERMITTED ACCESSORY USES AND STRUCTURES, BY DELETING THE REFERENCE TO THE ZONING ORDINANCE AND REPLACING IT WITH A REFERENCE TO THE SIGN ORDINANCE; AMENDING SECTION 3, LAND USE REGULATIONS FOR TRACT D, SUBSECTION 3.3 - PERMITTED ACCESSORY USES AND STRUCTURES FOR TRACT D, BY ADDING A CHILD CARE FACILITY AS AN ACCESSORY USE TOGETHER WITH CRITERIA FOR SUCH USE; DELETING THE REFERENCE TO THE ZONING ORDINANCE AND REPLACING IT WITH A REFERENCE TO THE SIGN Page 3 December 11, 1990 ORDINANCE; AMENDING SUBSECTION 3.7 - ENVIRONMENTAL CONSIDERATIONS, BY ADDING ADDITIONAL ENVIRONMENTAL REQUIREMENTS; AMENDING SUBSECTION 3.8 - UTILITY DIVISION CONSIDERATIONS, BY DELETING CERTAIN UTILITIES REQUIREMENTS AS ,';ET FORTH IN FORMER EXHIBIT B AND ADDING NEW UTILITIES REQUIREMENTS; AMENDING SUBSECTION 3.9 - ENVIRONMENTAL HEALTH, BY REPLACING IT WITH A NEW SUBSECTION 3.9 ENTITLED "ENGINEERING CONSIDERATIOIfS" AND BY RENUMBERING SUBSECTIONS 3.9 ENVIRONMENTAL HEALTH, 3.10 FIRE CONTROL, 3.11 POLLING PLACES CONSECUTIVELY; BY ADDING COLLIER COUNTY PLANNING COMMISSION RECOMMENDATIONS AND STAf'F STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. t~ N,I ~tin~ed to 1/8/91 O~DINANU~ 90-92 ~ ~ITION PDA-90-5, ~LLI~ R. VI~S O~ VI~S ~ ~~~, INC., ~S~IN~ TOL~A~ C0~CI~ C~, ~Q~STING ~ TO ~0~ C~CI~ C~R ~ ~ ~ING ~ ~ ~ ~ LIMIT ~ ~ 0F SEC0~ARY ACCESS ~I~S TO DAVIS ~ ~ ~DING ~ ~IR0~AL STI~TIONS SECTION - A~ED Legal notice having been published in the Naples Daily News on November 21, 1990, as evidenced by Affidavit of Publication filed with .-~ Clerk, public hearing was opened to consider Petition P~A-90-5 filed by William R. Vines of Vines & Associates, Inc., representing Tollgate Commercial Center, requesting an amendment to the Tollgate =isl Center PUD by amending the limit on the number of secondary · ; points to Davis Boulevard, and adding an environmental sttpula- :t. tions section,- for property located at the southeast corner of 1-75 C.R. 951 in Section 35, Township 49 South Range 26 East W&yTle Arnold, Planning Services, pI'esented the Board with a revised Ordinance reflecting three additional environmental stipula- tions to the PUD document. He explaln~:d this petition is proposing amendments to the PUD document. H,. stated the current PUD docu- [~ent restricts the site to two primary access points along Davis and makes no provisions for secondary access to individual fronting on Davis Boulevard. He said the first amendment will rovide right turn tn and right turn out only, as secondary access !P°lnts to those parcels and will be ap[proved through the site develop- me~t review process. He reported the ~econd amendment will bring the document into compliance with Collier County's current environmen- ml re~ulatlon$ and will provide for natural surface water flow way, and preservation and also make it subject to ail environ- Page · December 11, 1990 ~ntml ordinances in effect. He concluded Staff is recommending i&pproval of the ordinance as amended. Commissioner Volpe Inquired what the two current access points are .to the Tollgate Commercial Center? Planner Arnold replied that one ac=ess point is Tollhouse Drive ~lld'the second point is yet to be determined, but will be east of the easement. ':~' William Vines, representing Tollgate Commercial Center, indicated ilthe second acce:~s point will be aligne~ to match the principle entry g developed on the south side to serve Naples Golf Estates. He said the County's Transportation Department is now determining where they would like both of those intersections positioned. ~'/ Commissioner Vo]pe communicated his reservations regarding the ?¢r~ation of four access points along Davis Boulevard roi' this PUD. Planner Arnold stated the reason Staff is supporting; this revision to allow the right turn in and out only, is because Davis Boulevard is ~t~rently a dead end road on the extension, and traffic volumes should be of significant impact. Cc,~l~oner Sh~ moved, seceded ~ Co~sslo~r Soo~tght J'~ =~ ~~ly, to close the public hearing. ~ S~aff ~ ~t ~he Ordl~ce as n~red ~d titled ~1~ ~ ~t~ ~ entered Into Ordl~ce ~ok No. 41: 0RDINANCE 90-92 AN ORDINANCE AMENDING ORDINANCE NUMBER 84-6, AS PREVIOUSLY AMENDED BY ORDINANCE NUMBER 90-54 WHICH ESTABLISHED TOLLGATE COMMERCIAL CENTER PUD, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 1-75 AND C.R. 951 IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BY AMENDING THE PUD DOCUMENT TO LIMIT THE NUMBER OF SECONDARY ACCESS POINTS FO DAVIS BOULEVARD TO A NUMBER TO BE DETERMINED DURING THE SITE DEVELOPMENT PLAN REVIEW AND APPROVAL PROCESS BY ADDING A SECTION TITLED ENVIRONMENTAL STIPULATIONS; ADDING CCPC RECOMMENDATIONS AND STAFF STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. 90-93 RE FETITION PDA-90-6, BILL VINES OF VIN~S & A~OCIAT~S, INC., REQUESTING AN ~~ TO O~IN~CE ~ER 87-54 ~ ~ST~IS~D ~ LONGSHO~ ~E PUD, BY ~ING ~ ~STER P~ ~ ~DI~ T~ SID~K ~QUI~S FOIl PROPER~ LOCATED ON T~ NOR~ Pmge 5 Dec,~mber 1!, ;1990 ROAD (C.R. 848) AND EAST 0F VALE~OOD DRIVE - ADOPTED .. Legal notice having been pub//shed In the Naples Daily News on r 21, 1990, as evidenced by Affidavit of Publication filed with the. Clerk, public hearing was opened to consider Petition PDA-90-6, ilftled b~ Bill Vines of Vines & Associates, Inc., reque~ting an amend- ~ent to Ordinance Number 87-54 which established the Longshore Lake 4.' b~ amending Section III, Subsection 3.12; by amending the Master .Plan to modify the sidewalk requirements for property located on the north side of Immokalee Road and east of Valewood Drive. ' Bill Hoover. Planning Services, ex~lained the property owners wish to eliminate sidewalks on one side of the street where sidewalks will {be constructed on the other side. He meferred to a map on the bulle- tt~ board and highlighted the requested changes. He mentioned that 25 homeowners strongly disagree with Staff's position that sidewalks remain along one side of Night Heron Drive. He concluded that CCPC, by a vote of 5/3, recommended approval of Petition PDA-90-6 ~u reco~ended by Staff. !"' In answer to Commissioner VOIDS, Mr. Hoover replied that the wish to remove the sidewalks already ~nstalled on the west [~stde of N~ght Heron Drive. He said Staff is opposed to that request ~ of the length of Night Heron Drive and the fact that it acts a Hinor collector road with five streets feeding into lt. He '~olnted out that less than half of Longshore Lake is built at the pre- time, therefore, the traffic will more than double when the addl- 'tlonal 145 homes are built. Mr. Hoover clarified for Commissioner Hasse that Staff's position is to construct the sidewalks on the west side of Night Heron Drive, :remove the requirement for sidewalks on the east side, as well as re~ove~,., those already in place in front of two and one half homes on s~t side. Volpe questioned where sidewalks will be tn the PUD th~s petition is approved? Mr. Hoover explained there: will be · Page 6 December 11, 1990 [d~alke around the entire ctrcumferen=e of Longshore Lake and addt- y, sidewalks are already cbnstru,:ted on both sides of the going up to the clubhouse. He s.~td there will also be ~Sidewalks along the west side of Phoenix Way. William Vines of Vines & Associates, Inc., representing the peti- tioner, stated the Longshore Lake project is a security gated com- !:lUlllty with one point of entrance and e:¢tt, therefore, there ia no gh-trafftc. He mentioned that when the PUD was approved, the !':i. developer agreed on the pattern of sidewalks to be constructed, ~.h°wever' there are now a substantial nunber of homeowners who have ;~expressed their desire to modify that pattern He said the develo- ~l~ers, Longshore Lake Joint Venture, agreed to file the petition and to '~: make Shy adjustments at their expense, that the County agrees to. He :mdvtsed that Staff has agreed with the majority of requests by the homeowners, and there remains only one disagreement which pertains to · tdewalks along Night Heron Drive. ?' · In answer to Commissioner Volpe, Mr. Vines replied that :homao~rners' concerns are with the visual quality of their front yards ~.~ well as property values. The fo/lowing people spoke against Staff's recommendation to require sidewalks along the west aide of Night Heron Drive, stating residents signed a petition against the sidewalks, with only one person tn favor, the road is a dead end ,~treet with a speed 1Amir of ten silos per hour in a closed community, homeowners were not informed ,when they bought their properties that sidewalks would be installed the sidewalks will Intrude fifteen fo,et Into their front yards: .~.~: , Len Rose Ray Rhodes ~,'~ ~ Sackte Rose Kenneth McClatn ~ary Davis Carols Watson (-( ~ John MadaJe-wski, Project Review Services Manager, communicated Staff looked at the original PUD document and determined that the ir~qulred side.elks were not constructed during the various phases of construction. He advised that the process of installing a sidewalk as each lot is developed is not an acceptable practice to Staff, and the Page ? December 1! ~990 was asked to complete all side~alks. He mentioned that ~ona! subdivision model standards etrcngly encourage the tnstalla- 'tion of sidewalks on both sides of the street as necessary pedestrian elements. He said Staff ts not asking for a more severe Interpreta- tion by the Board, but from a safety standpoint, ts recommending Ilks on at least one side of the street as originally proposed ~.~,[In answer to Commissioner Volpe, Mr. MadaJewskl stated that the i%* :. docllment is very clear as to where sidewalks are to be constructed. He said it ts not within the purview of Staff how pro- party owners are notified by the developer. ,,'~' Commteslone~. Hames commented that photographs submitted by the owners seem to Indicate that the telephone and cable tar- are in the middle of where the sidewalks are to be constructed. M~. MadaJewskt stated if those utilities have been set Improperly, thm¥ mrs not within the easements granted to the public utilities. He. is&Id utility companies should be required to move them before the sidewalks are Installed. He clarified thit from the back of the curb to the front of the property line ts apprDxtmately eighteen feet. out that the PUD ordinance stands as the law for this project, ". · Staff could have taken the stance of putting tn all the required sidewalks. Rather than do that, he said, Staff ts attempt.lng to ¥ resolve this Issue by reducing the standards, because it ts closed, gated community. He expressed that, tn his opinion, it would be very Improper to consider changing design standards by popu- consent. . County Manager Dorrti1 explained that s(*veral years ago, this pro- :Ject was behind Its own construction schedule and was prog~:ammed to h~lve the Parade of Home~. He enid the de'/e]oper approached the Board Of Co%lnty Commissioners tn conjunction with the Contractort] IriSh and asked for a temporary waiver of certain subdivision ! in order to save the Parade of Homes. He Indicated there 'i'Were s number of Issues waived and this w.ls one of them. He stated :he problem ts, the developer never went 'pack after the Pax'ada of Page 8 December 11, 1990 and completed, tn advance of selling those lots, things he was .gated to do. setoner Saunders commented that the major objection seems to that the sidewalks will literally cut the front yards in half. He there te any potential to havtn~! the sidewalks moved closer street? .Mr. MadaJewski replied that is a pos~,ibility and will require the to remove eight of the sidewalks and also look into what other utilities may in that area. He said a safe clear zone must ~ uintained from t~e edge of the pavement. ' Co~tssioner Saunders stated tn his opinion, the developer has :~'~ exceedingly negligent tn not advising property o~ers of the d~elopment plan. He said if he were one of the homeo~ers, he would be seektn~ legal advice against the developer for a devaluation of his ~pro~rty. He indicated one ~ay to rectify the situation t~ to find a tO ~e the sidewalks closer to the street, If that Is feasible. Mr. Vines advised that he will communicate with the developer and !have him Investigate that possibility. Commissioner Saunders asked Mr. Rhodes, as a resident of the , if that would be an acceptable compromise? Mr. Rhodes ~lted that, had he known sidewalks were to be Installed, he would 1%ever have purchased a home in that neighborhood. ;., ~eelo~er Sh~nahan moved, seconded by Co~tseto~r Vol~ ~ Co~tsaloner Goodntght related her understandtn~ of the ~ho~ers' concerns, however, the majority of the sidewalks are tn place ~d they should not be torn out. She agreed with Volpe that this is more of n problem with the developer it ts with the regulations imposed hy the Board of County ~:ii ~e~/~i~ner Goodnt~ht moved, second~d by Commissioner Volpe to ~:~ Ntltl~ ~A-90-6 u r~~ ~ Staff. Co~/sstoner Saundere asked if Commt~;sloner Goodntght would modtf~ Page 9 December 11, 1990 ~£on to require the developer to explore the possibility of the sidewalks on the west side of Night Heron Drive as close street as possible, in order to avoid as much negative impact as on the abutting property owners? · o~dnight loved, seconded by Co---tmsioner Volpe to ~otlon to in~l~ ~he &~ve stipulation. ~il for th~ q~sstlo~, th~ ~otton carried unaniml¥ that l~tit~n PDA-90-6 be approved u ~emted &bov~, and that the Ordinance ~;~ ~n~ tttle~ belo~ be a~opted and entered Into Ordinance opJ)xm AN ORDINANCE AMENDING ORDINANCE NUMBER 87-54 WHICH ESTABLISHED THE LONGSHORE LAKE PUD, BY AMENDING SECTION III, DEVELOPMENT REGULATIONS, SUBSECTION 3.12, SPECIAL SIDEWALK/BIKE PATN REQUIREMENTS; BY AMENDING THE MASTER PLAN TO MODIFY THE SIDEWALK REQUIREMENTS; BY ADDING CCPC RECOMMENDATIONS AND STAFF STIPULATIONS FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846) AND EAST OF VALEWOOD DRIVE IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. Page 10 December 11, 1990 90-59? R~ PETITION ~MP-90-?, WILLIAM VINES, R~PREBENTING ASSOCIATES, REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR LOCATED EAST OF GOLDEN GATE COMMUNITY PARK OFF SANTA BOULEVARD - ADOPTED SUBJECT TO PETITIONER'S AGREEMENT SHEET Legal notice having been published in the Naples Daily News on 25, 1990 and November 30, 1990, as evidenced by Affidavit of filed with the Clerk, public hearing was opened to con- Pet~tXon SMP-90-?, fXled by William R. Vines of Vines & representing Naples Associates, an Ohio Corporation, Subdivision Master Plan Approval for "Heron Lake Tract 1" property located on the north s~de of 1-75, approximately 1/2 of S~ta Barbara Boulevard overpass. ~rt Lord, Planning Services, stated the pet~tioner approval for 507 single f~lly cluster housing and mul~i- dwelling units on ~01.52 acres. He explained the property on the north side of 1-75, approximately 1/2 mile east of B~bara Boulevard overpass, ~n Section 33, To~sh~p 49 South, 26 ~t. He sa~d the e~te ~e ~rrentl~ undeveloped w~h an appro,,ed PUD. He reported to ~he north ts the Golden Gate ~d RSF-3 zoning, ~o the east is vacant land with A-2 zoning, %~ south is I-?~ ~d Green Heron PUD, and the west contains the Lakes PUD and Golden Gate Park. He advised that approxtma- .36 acres of ~h~s s~te ~s located within the Golden Gate density -~d XS mll~ed three additional dwellXng units per acre, there- ~ add~tional 109 dwelling ~ts can be added to the base total 405 for a total of 5X4 ~its. He added, since the developer to develop Phase I consisting of 59 dwelling units, this is ~n compliance w~th the Growth Management Plan density ~stem. He concluded that Staff and the CCPC, by unanimous fo~arded Petition SMP-90-7 to th~ Board of County Co~ssione=s a reco~endatton of approval, subject to the stipulations in the . ~eement She.et. Page 11 December 11, 1990 Volpe asked if the project was originally approved by for 50? dwelling units? Planner Lord replied the project reduced from 5?? to 514 unite to be in compliance with the Management Plan, however, the petitioner ts requesting §07 'Conieetoner Hesse questioned if sidewalks will be included tn development? William Vines, representing Naples Associates, responded that will surround the loop road that circuits the entire project 'oonneote to the internal couuntt¥ park. u~nl~ou~l¥, to cloe~ th~ publiC h~rtn~. t~eat#1~ Shanahan~ved, #con$~d bl~ Coulemion~r maunders and ~t~o~ly, that P~tition ~lP-90-? b~ approved subject to the Saunders not ~t u reflected b~ 4/0 votes Page 12 December 11, 1990 ~ LAEE~ U~I~T~ 3, 4 & 5; CRONN POIITTE ~T; ~I~ GOLF ~~SZON; QUAIL ~SSI~G; 9UAIL HOLL~; R~OD ~T ~' 'Legal not.:=e having been published in the Naples Daily News on 21, 1990, as evidenced by Affida'rits of Publication filed the Clerk, public hearing was opened to consider Ordinances Street Lighting Municipal Servic,~ Taxing Units in certain · in Collier County, Florida. Attorney Cu¥1er advieed that although this is listed as one on the agenda, each M.S.T.U. must be approved separately. ..;' Transportation Services Administrator Archibald explained this is of public hearings regarding the creation of street lighting for implementation in FY 91/92. He reported that each :Deceslber, Staff requests the creation of street lighting districts ~ubdtvtetons that are being developed, primarily single-family sub- He advieed that this agenda item contains eleven separate lstricte and Staff is requesting approval of these M.S.T.U.~s with idea that in the budget process for FY 91/92, the Board will con- a budget for each of these districts and a corresponding Sh~nahan~ove~t, seconded bF Co,~teeloner Volpe and 4/0, to clo~e the public beartng~ on the eleven M.S.T.U.'s. ~ioner Shanahan ~oved, ~econd~f by Co-missioner Volpe and 4/O, that the Ordinance . numbered and titled beloe be adopted ~tez~d ~nto O~dinanca Book No. 41: OltD INANCE 90-94 AN ORDINANCE CREATING THE BERKSHIRE LAKES UNITS 3, 4 & 5 STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. C~.~d~.~oner Shanahan ~ved, eeconded by Co-mteatoner Volpe and 4/0, that the Ordinance -m nmabered and titled belo, be P~e 13 ~md~twx~d into OTdAnmz~o Book No, 41: 1990 ORDINANCE 90-95 AN ORDINANCE CREATING THE CROWN POINTE EAST STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING ?OR CONSTRUCTION AND AN EFPECTIVE DATE. Co.air. toner Shanahan ~oved, ~econded by Contsetoner Volpe and 4/0, that the Ordinance mm nmabered and titled below be entered into Ordinance Book No. 41: 0RDIN&NC~ 90-96 AN ORDINANCE CREATING THE IMPERIAL GOLF ESTATES UNIT § STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. ~mmtoner Shanahan moved, oeconded by Co--~teeloner Volpe and 4/0, That the Ordinance u nu~hered and titled below be mdoptmd mhd entered into Ordlnmnce Book No. 41: ORDXJL~CE 90-97 AN ORDINANCE CREATING THE KIRTLAND PINES STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UHIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFPECTIVE DATE. Cm~lmmtoner Shanohan moved, eecondod by Contestoner Goodntght i~- ~T~d 4/0, that the Owdinmace mm numbered end titled below be ~ entered into O~dtn~nce Book ~o. 41: ORDXNANC~ 90-~8 AN ORDINANCE CREATING THE NORTHGATE VILLAGE UNITS 1 & 2 STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNI~:G BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAX. ATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. P. mmldsmt~ Shmnah~n moved, ~econde~ by Commissioner Volpe and 4/0, that the Oz'dtnance mm nqlLl~Z'ed &nd tLtled below he ~ ~teM Into Ordinmnce Book )fo. 41: 0RDXNANCE 90-~)9 Page 14 December 11, 1990 ?'AN ORDINANCE CREATING THE PLANTATION SUBDIVISION STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR · PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; ~ PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. ~l~ Sl~ud~n moved, ~econd~l by Com~teetoner Ooodni~ht ~Tled ~/0, that the Ordine~ce as mmbered and titled belo~ be into O~ln~nce Book ~1o. 41: ORD I'HM~'E 90-:100 AN ORDINANCE CREATING THE QUAIL CROSSING STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF TH~ UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL EST[MATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. Cemm/~ioner Slmnahan moved, seconded by Co--te~ioner Volpe and 4/0, that the Ordinance u numbered and titled belo~ be i.~~d ~tet~d into Ordinance Book No. 41: ORDINANC~ 90-101 AN ORDINANCE CREATING THE QUAIL HOLIOW STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF TEE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE: PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. Ol~edssie~er ~mhan~, seconded by Coatsstoner Goodnight 4/0, that the Ordtn~nge ~ ~m~bered and titled below be ~d entered into Ordinance Book No. 41: ORDINANC~ 90-102 AN ORDINANCE CREATING THE RIVERW00D EAST UNIT 4 PHASE 1 STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERN£NG BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR T~( ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN E?FECTIVE DATE. ~t~r Sh~=~h~n moved, second.~d by Co~tssloner Volpe and 4/0, that the Ordinance u nu~>ered and titled below be entered into Ordtr~nce Book No. 41: ORDXIAIICE 90-103 AN ORDINANCE CREATING THE TANGLEWO03 UNITS I & 2 STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROV£DING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ~NUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. / ~£ 3~ Page 15 December 11, 1990 Shanmhan moved, secon~ tr~ Co~mtsstoner Yelps and 4/0, that the Ordtnence a~ numbered and titled below be aad eatered into Or4i~e Book No. 41: ORDINANCK 90-104 AN ORDINANCE CREATING THE TURNBURY ~UBDIVISION STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BOD~ OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. ~0--898 II Pr'fITIOJJAV-g0-O01, NICIIAKL P. JONLI AS ~, ~OI0YA PORTI(~IOI'THE TEN F00T (10') UTILITY ~~,4:k?.?.?.?.?.?.?-~_._~ AT 6g15 0AKI, H)NT PARKMAY, PKLZCAN BAY -ADOPTKD Legal notice having been published in the Naples Daily News on 25, 1990 and December 2, 1990, as evidenced by Affidavit of Lcation filed with the Clerk, public hearing was opened to con- ,,Petition AV-90-00I flied by Michael P. Jones, Owner, requesting ~acats a portion of the ten foot utility easement located at 6915 Parkway, Pelican Bay, for the purpose of avotdin~ any future )roblema. ~Mr. Archibald explained this Is a request to vacate a portion of a foot utility easement on Parcel A of the Plat of Pelican Bay !6 tn order to remove conflicts with encumbrances on the 8tdeyard the petitioner's home and the utility easement. He said the companies have provided 19tters of no objection. '! : In answer to Commissioner Hasse, Mr. Archibald replied that the · specifically the pool, was built infringing on the easement, this was done by a former owner. The current o~mer, he said, )ting to correct a condition that he encountered after he property. ;:!i~:~io~ Shanaha~ ~;~ved, seconded by co~missione~ aoo4ntoht 4/0, to close the public hearing. ~t~ Shanmh~n m~,~d, seconded by Co~tsalo~r (k~night 4/0, that P~tttton&~-90-O01 be mpprov~d, 'thereby a~opttn~ g0-598. Page 16 December 11, 1990 ~ ~ TO COI~ZDER ADOPTION OF All ORDINANCE AH~DZIIG ORDINANCE UI~T - CONTINUED TO 12/18/90 Legal notice having been published in the Naples Daily News on ~:~ovember 21, 1990, as evidenced by Affidavit of Publication f~led with Clerk, public hearing was opened tc consider an ordinance amending Nu~ber 81-94, as amended, for the Pine Ridge Industrial Park Huniclpa! Service Taxing and Benefit Unit. Tom Conrecode, Office of Capital Projects Management Director, ~l&ined the purpose of this amendment is to provide for the enlarge- of the boundaries of the M.S.T.U. He said the boundaries in the ~nal ordinance included only Section 11, Township 49 South, Range ~mst. He reported that certain sanitary sewer and drainage impro- being proposed, which are located in Section 3, Township 49 ~outh, Range 25 East and Section 10, Township 49 South, Range 2§ East, W~! as easements, must be acquired. He said this necessitates the boundaries be expanded to ~nc~ade all those prol~ert~es ~n and ialol%g whtch improvements are proposed a.~d the costs for the Unit will be ~ncurred. He added that anticipated costs will include appraisal easement acquisition and cost of construct/on, and will be against each of the benefited property owners. !~ Attorney Bruce Anderson, representi~tg the Barton Co,lief questioned what the relation~hip is between the Pine Ridge Xndustrial Park M.S.T.U. and the Pine R:[dge Industrial Area it District? Mr. Conrecode indicated he could not answer ~that question. Mr. Anderson stated that it seems the two districts b~.en combined over the years since the original M.S.T.U. was ~n ~.81. He said Ordinance 75-14 provides the procedure for or enlarging a special improvement assessment district. He that, in order to create or enlarge an existing improvement district, that ordinance requires a petition be signed by plus one of the persons owning property in the area that is pr6- to be added to the district, or a district that is proposed to '. Page December 11~ 1990 He indicated he has reviewed the records and has found no that the requirement wa8 sattsf.Led. · OOgeLtootonor Saundors returned to ~:he meeting at this time. County Attorney Cuyler advised that the County is not proceeding the ordinance cited by Mr. Anderson. Mr. Anderson communicated that a resolution was adopted in 1985 ~'.MhlCh created the Pine Ridge Industrial l,rea Improvement Assessment which listed the proposed costs: at that time for this pro- Ject. He said that resolution specifically references Ordinance ':'[i. Mr..Conrecode advised that both districts are the same Units now. said one was originally created to conduct a study In 1981, and the ~escond was to implement construction of the improvements tn the Mr. Anderson related his concern that this entire assessment may have been tainted by failing to receive a petition signed by 50~ plus one of the property owners. He also stated there has been notice to the property owners of the area that ts proposed ito be added. He said no letters were sent out advising them of this · and the advertisement in the newspaper did not specify by description or any other descrtptloa what properties were pro- ,Posed to be added. He reported the only aotiflcatlon was by phone during the previous week advising owners that this would be heard by Board at this aeettng. .ilIn answer to Oommlsstoner Volpe, Mr. Anderson replied that he does .feel his client benefits from this district. 'Co'~Lnty Attorney Cu¥1er remarked that he would like an opportunity i~o address all of Mr. Anderson's points. He recla~ested this item be :Continued for one week In order to answer his questions. !i.i Commissioner Goodntght recalled that when this district was in 1981, it was approved without a petition because it was at the time to be a public necessity. C~m~ion~r Saundera moved, seconded by Commissioner Shanahan and Psgo 18 December 11, 1990 ~17, that ~h~ lt~ be c~nttnue4 '~o ~ meet/n~ of ,' 1990. · 0--10~ ADOPTXN~ TH~ CO~T~A~TO~ LICENSING ORDINANCE AND 85-42 ADOPTED AS AMENDED Legal notice having been pub//shed in the Naples Daily News on 21, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the Contractor ~tcensing Ordinance and repeal of Ordinance 85-42. Frank Brutt, Community Development Services Administrator, stated ie ordinance contains updated provisions to better serve the needs .the construction industry and also the citizens of Collier County. Informed that these provisions will bring the County into o~ltance wlth new State laws and also provide for emergency tn the case of a hurricane, where additional contractors may !~ded to work in conjunct/on w/th those already licensed in the '. In answer to Commissioner Hasse, Dick Clark, Code Enforcement 8U.l~I~isor, st'ated the emergency provisions during a State of as declared by the State and this Board, do not lessen the qualifications of a contractor. He said in fact, a procedure l~tng set up whereby contractors will be pre-registered who meet "'~he cae qualifications as those ltcensel tn the Count~. In that ~a~, ~ ~t~, .ontractor~ ltc~n~ tn Collier Count~ ~tll not be ~ubJ~ctod .,coapetttion from people o~ lems~r or Inferior ability. He added the basic protection ordinance for consumer protection In the industry. Re. Clar~: requested several changes ~e made within the proposed Ordin~nce. He referred to a typographical error on page 61 of the and requested the addition of ~:he word "Court" after in the sixth line from the top of the page. He also the Inclusion of the following language at the end of the sentence in Section ~.3.3 on page 4 of the ordinance: ... Page 19 December 11, 1990 ~llleSS a local license is also requtr,~d." He explained there are a trades where a dual license must be obtained. Comissioner Volpe referred back to the issue of emergency provi- lion~ and asked if th~s wil~ allow contractors from other states to iC~ ~nto Collier County in a State of Eaergenc¥? ~t~o. Clark ~eplled In the affirmative, adding that Individuals cer- ~t~f~ within the State of Florida are aliowed to ~ork ~n ~y County ~.~they choose. He sa~d the~e a~e addlt~onai ~equ~ements ~n each County c~t~acto~s to obtain a County competency card In each of those m~e~. He e~la~ned thmt, In an emergency s~tuat~on~ ~m havm obtained thel~ l~censes ~n othe~ areas, the codes ~hat th~ took the tests fo~ ~st be compatible with those ~n C~ty~ fo~ example, an lnd~v~dua~ who normally works in a de~e~t a~ma ~y not ~ow the const~ctlon ~equlmements In a coasta! area. ~e~ted Staff has a l~st of ali the testing agencies' clientele, Xt can be p~edete~m~ed If contractors have taken tests ~t~t c~e~ the same codes as ~n Collle~ ~ounty. ~stant County Attorney Ram~o Mana2Ich ~eported anothe~ change ~ng ~e~ested tnvoives Section 4.2.5.2 on page 58 of th~ o~dtnance. e~a~ned that subseqvent to this Item being adve~t~sed, ~u~the~ ~nd~cated thmt ~t ~ould bm p~udent to protect the ~nte~emts of c~t~zens of Coll~e~ Co~ty ~ ~mpos~ng dIsclp2lna~y sanctions upon · tmte ce~t~ed ~nd~v~duals. He ~equemted the creation o~ a subsec- tion ~hlch w~12 p~ovlde that~ ~ afte~ a hea~lng, the Contractors Board finds that theme h~m been misconduct by a State cer- tified contractor, that Board may deny the Issuance of Coll~e~ County ~d~ng ~m~m~ts o~ ~e~e the ~ssuance of permits w~th specific con- [o~. He sa~d that although the Contractors L~cens~ng Board does ~ve the authority to ~11 the l~cen~e of a State certified contractor, this ~12 p~ov~de this Board w~th the po~e~ to p~event ~t~t cont~acto~ f~om pulling building permits In Collier Count~. ~a~otte ~estm~, ~ep~esent~ng the Lea~e o~ Women Voters, com- ~ded Staff ~o~ the amount o~ t~me spent w~tIng this o~dlnance ~or Page 20 December 11, 1990 ~ct~on of cttXzene of CollXer County. She questioned, within .102 on page 44 of the ordinance, the reference to Ordinance amended", asking when that ordinance was amended? Mr. Manalich responded the Intent kae in the event it were to be Attorney Cuyler luggested c~.anging the language to read "as emended from time to time", which was agreeable to the Board. Bill Jones, Chairman of the Colltez County Contractors Licensing ~nd also representing Collier County Builders & Contractors , mentioned the tremendous time Staff spent compiling this and indicated the appreciation of the construction industry. ~.:~~ ~h~mah~n ~nmd, e~m~ed by Co~alemioner Sm~ ~ to cl~ t~ ~l~c he~tng. ~at~ou~l¥, that the Contractor Licensing Ordtn~nc~ be the above ~ lang~g~ and additions and that the numbered ~nd titled helms be entered Into Ordin~nce Book O~DXWC~ 90-105 AN ORDINANCE REQUIRING CERTIFICATES OF COMPETENCY IN CERTAIN BUILDING TRADES; LIMITING THE ISSUANCE OF BUILDING PERMITS TO COMPETENT OR EXEMPT INDIVIDUALS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR RENEWAL OF CERTIFICATES OF COMPETENCY; REQUIRING CONTRACTORS~ IDENTIFICATION ON ALL ADVERTISING MEDIUMS; DEFINING THE TRADES FOR WHICH A CERTIFICATE OF COMPETENCY IS REQUIRED; PROVIDING FOR STOP-WORK ORDERS FOR UNLICENSED CONTRACTING WORK; PROVIDING FOR EXPERIENCE REQUIREMENTS FOR THE ISSUANCE OF CERTIFICATES OF COMPETENCY; PROVIDING AN APPLICATION PROCEDURE FOR CERTIFICATES OF COMPETENCY FOR INDIVIDUALS, FIRMS & LEGAL BUSINESS ENTITIES; PROVIDING FOR MASTER OR JOURNEYMAN APPLICATIONS; PROVIDING STANDARDS FOR THE ISSUANCE OR DENIAL OF CERTIFICATES OF COMPETENCY; PROVIDING FOR APPROVED EXAMINERS AND EXAMINATIONS; STATING APPLICABLE INSURANCE REQUII{EMENTS; PROVIDING FOR INACTIVE STATU~ OF CERTIFICATES OF COMPETENCY; PROVIDING FOR CITY OF NAPLES RECIPROCITY; RECOGNIZING RESTRICTED & EMERGENCY RESTRICTED CERTIFICATES OF COMPETENCY: PROVIDING FOR THE CREATION OF THE CONTRACTORS' LICENSING BOARD, ITS INTERNAL OPERATING PROCEDURES, DUTIES & POWERS; PROVIDING OATEGORIES OF CONTRACTORS MISCONDUCT: PROVIDING FOR THE INITIATION AND ADMINISTRATION OF DISCIPLINARY PROCEEDINGS AGAINST CONTRACTORS; PROVIDING FOR REHEARING & APPEALS OF DECISIONS OF THE CONTRACTORS' LICENSING BOARD; PROVIDING FOR TITLE & CITATION; PROVIDING FOR REPEAL OF COLLIER COUNTY ORDINANCE NO. 85-49; PROVIDING PENALTIES FOR VIOLATION, CONFLICT & SEVERABILITY & AN EFFECTIVE DATE. 11:OO A.M. - Reconvln~: 11:20 A.M. mt which Clerk A~righ! replmced D~puty Clerk Guevtn Page 21 December 11, 1990 IlO. ~O-599 A~lllOl~Zl~l~ TI~ ZS~UJt~C~ OF COL~:ER COU~I'Y OBLZ~A~z0m~i~NU~ BO~D~, S~RZ~ 1990 (TI~ "BONDS"}, AWARDING Assistant County Manager McLemore stated that this resolution authorizes issuance of Special Obligation Revenue Bonds to provide to acquire the Gargtulo property adjacent to the Collier County complex, pay for the development surface parking and improvements, and pay for the costs of issuance. County Manager McLemore advised that the effective teat rate is 6.9~ for this funding. !-" ' Marc Samet of CaS Bank, Fiscal Advisor for the County, informed in working with Merrill Lynch ove~ the past week they were able achieve a lower interest rate. He explained that there were in the stlnlcture of the financing, but the amount is the same $4.4 million. He advised that the change is that the funding is limited public offering where %he bonds are offered through Lynch in denominations of $25,000 or multiples thereof so the bo~d~ w~uld be attracted to a credited individual. He noted the of this change is a term bond which matures in December 1995 yields 6.9~. He provided for the (~ommissioners the underwriting which indicates the total unde~tttng spread is 87.24 and the estimated costs of issuance That the County Incurs for the response to Commissioner Volpe, Mr. Samet informed the approxt- savings will be $8,000 per year in terms of average interest ~inance Director Yonkosky replied ~o Commissioner Volpe's question .the current interest rate on the County's line of credit is !14~, Mr. Samet clarified that the ?.48~ does not include the legal associated with utilizing the rate. Mr. Samet stated that whether Interest rates come down to 9.§~, the effective rate be ?.44~. He, therefore, recommends to the County that they Page 22 December 11, 1990 the prol~osal presented by Nerri.[1 Lynch. ::1~. Tol Gtbltn of Nabors, Giblin & Nickerson in Tampa skated that ~(ml¥ changes khak have been made to the original documents are the of the bonds themselves. He sdv.[sed that if the decision is to th the sale of the bonds ko Nerri.[! Lynch, khan passage of the resolution is all that is needed which has attached to it the ~rchase contract and official statement and authorizes the ~ropriate officers to sign the documents. He noted that the accep- o~ khe proposed resolution is recommended. Page 23 December 11, 1990 ml 90--~00 RE PETITION P~-90--13, DCRALD A. PZ~RTH OF I~O~/SIO~&L ~ "be 0Y THE RT ZONING DI~RIC~ FOR A LOC&TED ON THEIST SZDZ OF VANDERBILY DRIVE, 1/4 WI~ill~ PASS ROAD - ADOFTI~ WITH STIPULATIO]~ Plier Lord noted that the owner/developer is Island Marina, Inc. >which Is a corporation that owns the condominium and marina site. He OUt that the 5.71 acre parcel is. approved for an 87 unit condo which Is associated with this ~.arina project. He explained ]that the proposed project is a marina with all the slips available for leue to members of the public on a first come first serve basis. He that the marina will consist of 80 slips and facilities within clubhouse which will serve both the residential units and the marina will have storage lockers, bathroom and shower facilities, a dock- 's office, a small snack bar, and :sewage pump-out facility. He noted that the marina will have no retail sales of boats, motors, mar/ne accessories, fuels and no repair or haul-out facilities. added that the subject site Is presently undeveloped and zoned Tourist Zoning District (RT) and stated the sm~roundtng as noted in the staff report. He commented that the subject Is consistent with the Growth Management Plan and is In ~ltuce with the Comprehensive Plan. He noted that al/ reviewing stipulations are listed In the Agreement Sheet. Be explained the proposed docks will be the floating type 20 feet out from the with a ramp connecting the docks in eight locations and riprap and ~angrove seedlings will be installed in the 20 foot space adjacent to the seawall. He stated that because the marina is a water depen- ~dent use it enjoys priority under Objective 11.1. He related that has determined that the proposed us,: would have no detrimental ~ffecta on neighboring properties and recommends approval of proposed subject to all stipulations found in the Agreement Sheet and recommender ion. ' Mr. Don Ptckworth, representing Is/and Marina, Inc. stated that the subject project was before the Board of County Commissioners in Page 24 December 11, 1990 a provisional use for a 57 slip marina and a 200 seat [0At~ng restaurant and was denied. He explained that tht~ petition not restaurant involved which is a less intense use of the land. noted that the snack bar proposed will be a maximum of 24 seats and smaller and will not be an advertised facility. }Is advised ".the proposed project has received its permits from the Florida and from the U.S. Army Corps of Engineers and pending for a sub- lease ~fore the Department of Natural Resources which appears have a recommendation for approval on the December 18, 1990 meeting the Governor and Cabinet. Ptckworth emphasized that this ts a public marina and because buys a condominium on this s~te does not give them priority to a boat slip. He reported that 'the subject petition is to provide long term leasing facilities with sewage: pump-out and the services within the cl'~bhouse. In response to Commissioner Shanahan, Mr. Pickworth explained that average low-tide depth is eight to nine feet approximately. Regarding an article in the paper, Mr. Ptckworth affirmed that will be no 80 foot boats at this marina and informed that the of the boat slips will accommodate 27 to 32 foot boats and the corners longer boats can fit up to approximately §0 feet. He that the project is limited to this size range. Mr. Plckworth pointed out that the Florida Wetland Protection Act for permitting of activities in the Florida waters which pre- pollution. He explained that to obtain a permit the applicant to provide reasonable assurance that the project will not water quality standards and this project has obtained its DER He disclosed that there are environmental stipulations pro- which are the same as included in the DER permit. He informed the U.S. Arm~ Corps of Engineer permits a~e reviewed by the Protection Agency to insur~ no violations of the clean act and pointed out that this project has received its Corps off Engineer permits. Page 25 December 11, 1990 Ml'o'P$ckworth couented that a traffic impact statement has been · d a~ part of the application which shows a negligible impact. ~n response to Com~issioner Hasse Mr Pickworth noted that the 'ect is within the County's water and sewer district ~' Mr. Pickworth ~ead some excerpts f~om the D~ staff me~t which ~... that there w~ll be no s~ftcant ~mpact regarding the ~atees and provides for the applicant to comply w~th the · t~d const~ct~on conditions ~n ~nstalling manatee caution s~gns e~cat~onal d~splays which ~s also a condition from the County. Mr. P~c~orth confirmed that there will be a no-wake ~dle speed ~z°ne aro~d the s~te and out to the Gulf of Mexico. " Regarding boat traffic congestion, Mr. P~ckworth noted that the ~gement Plan ~nd~cates the need for marina facilities and a ~r-ut~lization of the County's wate~a~s. He commented that a ~ds l~ttle ~n the way of boat traffic because most of the t/me ~ats stay at the marina and do not go out and th~$ has been con- f~d by a Coastal Engineering Study as ~ell as other studies around 'the area. Mr. Ptckworth entered for the ~ecord an excerpt from the Co~tal ~g~neer~ng Study regarding the f=e~ency of boat sl~p usage. K~'~. P~c~rth referred to the Comprehensive Plan, ~d stated that l~age ~n the Land Use Plan where it discusses water dependent ~d ~ter related uses encourages the use within the coastal region by provid~ng public marina fac/lit/es, and noted that the sub3ect site ~ets all the criteria l~sted in the Plan. He polnted out that the~e no other sites In the surrounding area that would meet the of the Pl~. He noted that within the Plan is the definition of ~bl~c ~r~ facility which the eub3ect petition complies with. He ~nfo~ that the Comprehensive Plan ~nd~cates too few public marina facilities ~d too many private ma=ina fa~c~lities. In re~onse to Co~ssioner Volpe's ~est~on, Mr. P~c~orth :ed that these boat slips w~ll be for long term lease only. Mr. P~c~rth clarified that the DER has a re~lat~on ].~m~t~ng the n of a wate~ay to a m~m of 25~ and the ~b3ect pro3ect Page 2t5 DecembE~r 11, 1990 obstruct at a maximum of 21~ and mo~t places less; therefore, '#Ill not create a safety problem. ii~Contssioner Volpe stated that Wiggins Pass ts the only access to tn the north Naples area; and w~th the high growth rate in area, he ~uggested that a closer look at what impact~ this may tn the future should be made. ~e fo/l~tn~ people spoke for the proposed resolution: M~c~e/ E. Eckel, employee of the developer of subject project Jack W. W~ll~s, resident of the area Inge Jo~etone, D~rector of W~gg~ns Pass Conserv~cy ~e reasons given why they have no opposition to the ~roposed :~on are that this project w~ll be of benefit to the surrounding ~d will not cause any waterway congestion; the Increased use w~ll extend the t~me between maintenance dredgings, saving the County w~ll keep the water flying through the pass unimpeded which ~t ~n better wa~er ~alit~ bene~ttn~ b~rd8 fish, manatees, othe~ w~ldltfe; as well as Improve b~attng safety with the no-wake zone throughout the paee being a cond~ti~n. . The ffollow~n~ people spoke a~ainst the proposed resolution: E~ly Ma~lo, resident of the area ~eor~e Keller, Collier Count~ Civic Eedera~lon ~e reasons ~ven ae to the opposition to the ~ropoeed resolution :the Iddlt/onal traffic on Vanderb~lt Drive which is a/ready be/n~ ~nc~e~ed with the new development ~n the area; the restricted access Shelter Isled where the subject project Is located; four-lantng of ~. -road ~s only going to hinder the access to Shelter Island; the ~on of the environment of the a~ea; studies show the water ~th to be four feet; no visible si~s were erected from the water or t~t stated that these docks are available for the general the feeling ts that these el~ps are for the condominium that 'ts ~ng ~ilt there; there w~ll be waterway congestion; there are {ready existing 230 docks ~n W~gg~ns Pass; the Petitioner should be to abide b~ the rule of one slip per four condominium units; ~ncrlaee ~n density of the /s/and; ~he Island has no inlet manage- Page 27 December I1, 1990 ~l~n nor any coastal management plan; availability of parking for [the olips; and the question of whether ~he larger boats will comply #lth the 20 foot extension into the water. loner Volpe questioned if the applicant is the owner of the on which the provisional use ir3 being requested? Pickworth responded that the owner of the property Is Island Marina, Thc. Mr. Ptckworth added that when the declaration of condominium is filed then the entire property will be covered by the declaration of Coxldo~iniu~ of the Marina Bay Club, Inc. N~. Ptckworth explained that the property boundary ts off-shore The Submerged Land Lease Is on the outside perimeter of the boun- ', He informed that a Submerged Land Lease cannot be granted ~.J, there is local land use approval when the docks are not tied to ~ residential units as In the case of the subject petition. County Cuyler confirmed that this ts correct and noted that the Board can make the approval of the subject petition conditional on the ~r receiving the Submerged Land Lease. Mr. Ptckworth added , the lease Is for 25 years. Mr. Ptckworth affirmed that the snack bar will be a common element !. the condominiums and the boat docks, but pointed out that the con- .. document must clearly state that the boat docks are for PUblic use. Richard Kepley, representing the owner of the property to ~ommtsstoner Shanahan's question and stated that the ~th of the water is shallow next to the docks with the shallowest :being four feet between the dock and the rtprap, however, most of the are slx to eight feet at low tide. 'In response to Commissioner Shanahan, Mr. Ptckworth emphasized · ith~t the petitioner ts required to post signs facing the land and ~-'facing the water advertising that the slips are for public use. He i~'fir~ed that the condo owners have no advantage or privilege over the to the boat docks. Page 28 ': December '-Col~issioner Volpe questioned if an'! use of this docking facility be utilized by charter or commercial boats which he would not ~:iAke to see happen? Mr. Pickworth replied that Iff i~ is the desire off ::t~ Cowry that these slaps not be leased to co~erclal boats ~hen the will comply. Co~tssAoner Volpe co~ented that he would ~,. -to see th~s as a stipulation that no co~ercial boats wall be ~l~d to lease, ~d Mr. Pic~orth affirmed tha~ ~his will be done. Co~seloner Volpe noted that this Is a unique situatAon with the being o~ed by someone other than the one seeking the provi- use. He pointed out that the boat docks are tied to the snack ~ ~d clubh~se. Cowry Attorney Cuyler ~estioned if the provi- .. use legal description included ~he entire area to which Mr. PAc~rth responded that technically tke marina will be only the , ~d the co,on elements will be the reserved parking areas. aloner VoiDs noted that the legal description of the provisional ~s the ~bmerGed bottom lands. C~ty Attorney Cuyler ~esttoned If the other uses contemplated ~,' are outside the legal description of the provis~onal use were 'c°~Aetent with allowable uses on the rest of the property? Mr. h confirmed that they are cons]stent. County Attorney Cuyler :ltated that whatever uses that are planned which can be used under a prov~sto~l use petition are within the submitted legal description, ;then this Ae ~ appropriate petition. Mr. Lord clarified that the Al zone~ ~ee~dent~al T~r~et which w~]l allow an~ accessories ~rAna use. Mr. Pickworth cited two letters for the record from Vanderbtlt Beach ~mroperty Owners Association and Wiggins Pass Conservancy which imply have to objection to the 80 boat slips being built on Shelter :~:Mr. Lord answered Commissioner Volpe's qu-.stion by stating that .11! parking requirements will be met. ~luloner Volpe ~ov~d, seconded by Commissioner Shanahan and ;';~z~t~4 4/1 (Co~.~tmmioner S~.~ra oppomed), that Petition INI-90-13 be !. ~ 29 l:)~c~b~r 12. 1990 btt/~m ~ gommmrctal acttvttt~, m~i obtainment of th~ Submerged ~ ~, tl~w~l~ ~dopttn~ l~solutton Ro. 90-600. Pa~e 30 December 11, 1990 '~J~O ~ P1tO~XDXNG ~t TIIT~tCOII]~C'~XON OF PELICAN BAT t: ~ ~Stst~t County ~anager NcLemore stated that the objective ts to ~thortze the Chatrm~ to execute two agreements ~htch w~ll provide ~for rel~rse~ent to Westinghouse Cc~unitAes of Naples, Inc., for ~ctlon of certain facilities which effect the tnterconnectton ~llc~ ~y Improvement District and the Collier Cowry ~r District ~actiities. Mr. NcLemore potnted out that these s will provide for ~ on-going orderly developmen~ of PBID, co~ectlon o~ PBID with the regional system which ts part of the ~C~ty's Master Plan, the contribution o~ approximately $155,000 to :he project for the engineering and desl~ work done by Westinghouse, ~ittgation against potential adverse effects which could result as ~ ~e~lt of the existing treatment facilities not being able to handle tm ~ load during the sea.on. He advised tha~ ~or these reasons ?Ne~tlngh~se proceeded with this proJect~ and recommends the accep- of the ~bJect a~eements. ~.. Co~ssioner Volpe noted that the co~t to be reimbursed to ~s~lnghouse for this facliity is $1,950,000 o~ which Collier County ~ter-S~er District would reimburse ~es~nghouse $850~000, and · t~ted that he ts concerned about being obligated to pay t~is amount ~ with litigation pending regarding the project, and i~ ~he decision g~ against the County what ~tll happen to the $850,000. Cowry Attorney Lawson clarif~ed that th~ $850,000 ts ~or ~he portion the tnterconnection project which lte:~ outside the bo~daries Pe~ic~ Bay Improvement District whi,:h will become property of the Co~ty Nater-Sewer District. He related that there is a pro- tn the a~eement which states tha~ ~estinghouse C°~lter Count~ harmless if there are rep,~rcussions resulting ~rom the c~]lenge. Mr. Lawson added that this is the best negotiated ~or the County, and noted that these lines that will be put ~n c~ se~e other parts of the Cowry o~tstde PBID. Page 31 December 11, 1990 County Manager McLemore pointed out that this would be in a timely manner to address a public health Issue to which .oner Shanahan agreed that this matter be expedited. .responding to Commissioner Volpe's question, Assistant County ~awson stated that payment of the $850,000 will not be made ,: there is a preltmtnar~ acceptance of the facility. Commissioner stated he would rather see the money paid after there ts a dect- ~ade on the pending litigation. ~ ~~ ~ ~llter Coa~ for the interc=.- [tl~~ to ~nt~ into th~ lill~m~nt with W~etin~i~s~ for the ~~e~tton of the Pelican B~F Improvement Dtetrtct and Collier ~ter~Se~r District mtmter facilities. Page 32 December 11, 1990 Gary Kluckhuhn, representing Del'a, stated that the propoaed pro- provided for the Commissioners (not for the record) evolved from direction that had been given to Staff the last time this Item was the Board. Attorney Cu¥1er co~mented that Transportation Services Archibald will confirm that thta ts not the final docu- and what Is being presented iea conceptual proposal and will back before the Board tn a far more detailed form. r Saunders stated that in trying to finalize a way tn Which.. to have Del'e remain open, the proposed document provides a framework; however, he noted that he objects to some of the listed such aa the provision which states that "acceptance of th~ above proposal shall release the County from any future respon- S3b~33tlea for payment of additional costa and/or compenaatton with ~ priori of responsible attorney's fees and costs to date~ ~e ~lained that he objects to this because the County does not know the costa are and should not be obligated to pay. He affirmed .,' .... does a~ree with the concept of ~r¥lng to find a way to · some property to work out a way to keep Del~a In operation. continued that If the Board ~e In agreement and staff ~hould be :'dirocted to relook at thla, work out the details and brtn~ back to the ~ formal agreement regarding this proposal. ~ion~r Smmd~-s ~oved, seconded by Co~iaeloner Goodnight, ~ ~ proposed document in principle only and d~mct staff to ,~~ document as framework to work out the de'ta31e and it b~ck b~fore tbs Board. :_Co~leeIoner Hasae questioned how much money was given to ~rs. .to ~hlch ~r. Xluckhuhn answered $290,00o for the land and to the land. for the 7-11 parcel. Mr. Kluckhuhn pointed out that $485,000 was Page 33 Decemb,~r 1~, ~990 Co~.*iasioner Saunders pointed out that this Is the tlrpe of that ia Irrelevant to keeping Del's In operation. response to CoRtseloner Volpe, Mr. Kluckhuhn stated that the property is no longer subject to zoning re-evaluation. Transportation Services Adatntstrator Archibald referre~ to a lspl~y ~p ~d sho~ed the concepts that are trying to be achtev,~d the existing parcel where the ~tldtng has to be removed for the ~ing construction. He e~latned that ~hat Is proposed Is that would create a road right-of-way extending ~anatee Road to ~st of C.R. 951 ~htch Is shm tn blue, ~tth the provision for the re~tnlng land accruing to the lessee or the o~er, which ts sho~ d~. He pointed out the parcel In ~ello~ ~ould be declared ~1~ ~d sold on the ~arket ~tth the idea that the lessee or o~er ~ld have the opportunity to co~btne the yello~ parcel ~tth the ptnk ~d relocate Del~a accordingly. , ~. Kluc~n ~esttoned If tn this proposal it could be sttpu- t~t Nr. Ackerman, the o~er of the land, ts protected from so,one out bidding him for the property. County Attorney Cuyler re~ked that he will check into this. ,Coutsstoner Sanders reiterated that the sense of the motion ts .t~ ~ard ts trying to find a way to keep Del's tn operation; and · 'there ts a way to protect the o~er In this way, the County attor- ~s office will inform the Board, but if there ts no legal way to do ~},thts, then there ts nothing the Board can do. Co~lssloner Sh~ah~ stated that he would like to have this expe- ~ested brlngtng this lte~ back before the Board on ~: ~rl.otte ~esta~, representing herself, spoke tn favor of helping l~l's o~n. She added that there is concern ~ong the rest- ~ce of Narco Isled as to the fate of the long time businesses tn ~ea ~d would like to see e~tty provided to Del~s. nar Sh~ahan noted that the Board ts doing everything to protect the interests of Del's and the interests of Narco' December 11, 1990 for th~ question, th~ ~otion carried OMk ~f~ r~l~ Classics 0olf Course, as a~ended. 3lt., ~ L~LYRESORT - CLASSICS GOLF COURSE AUTHORIZATION - A~ APPROVED AS Attorney George Vega stated that this item was continued from the ~ting with regard to the preliminary work authorization for the 1y~Resort - Classics Golf Course. Be Indicated that this is the ~ea for Edison Co~tty College. He reported that staff has ~en ~orktng diligently on this matter and all parties are In con- ~r~ce with the details of the agreement ~ Pro~ect ~evle~ Services ~ana~er ~ada~e~skt advised that staff a.d with the details of the agreement. ~e pointed out ts; a minor amendment to Section 2, Item (c) ~htch ~r. Vepa into the record. ~e noted that staff ~tll be approving the lake n ~d early ~ork approval for clearln9 ~o allo~ for that 3n to occur. He explained that if Items 2 (b) ~d 2 (c) are ~2~.. . staff ~tll be tn a poaltton to issue cleartn9 approval the ~ca.vatton permit application ts bain9 finalized. He tndica~ed :~:t~t this ~tll be a phased approval ?':.In ~es~nae to Co,Ia=loner ~asae, Nr, Nada~ewskt stated that l~em :~'~:{c). will addreas the Issues of endanpered an~ threaten~d species the Fish and aame Co~tsston and Item ~ (b) ~tll address the :.isle of ~ater manapement approval from South Florida ~a~er ~anapement District. He noted that by obtaining these, compliance ~o the lops~ent Order will be met, ~d will allo~ proper early work ';'Y~, Vega called attention to Section 2, Item (c), and Indicated sta~ff auggested that the followtn9 lan~ape be added: "or work approval for lake construction only. 4/0, to ~~ t~ pr. ltE~ ~rt nt~rinti~ for Page 35 December il, 1990 WILLOUGHBY ACRES PROPERTY OMlrA'R~, LAUIDI~LL ~ - APPROVED · .~ Mr. Jack Pointer, representing the property o~ners of Willoughby stated that on December 29, 1990, Waste Management will provide to collect trash that has accumulated during the Christmas He remarked that the du~psters will be located on Piper B°IXlevard bet~eeen Lakeland Avenue and Euclid Avenue and will service Acres, Regent Park ~d the Four Seasons. He indicated that will be in place from 9:00 A.M. until 1:00 P.M. on Decem~r 29th, ~d all trash, as well as the dumping of sro- refrigerators, washers, ~ter heaters, etc. will be accepted. t~t toxic ~tertals will not be accepted. ~./; ~. Pointer r~ested that the l~dftll fees be waived for 12 loads of trash on December 29, 1990. 4/O, to mi~ t~ tt~/~ fm at t~ l~dftll on ~c~r 29, ~ --,.. eeo ~ 1:38 P.M. - ~ 2:00 P.M. ~ IO. 7 TO ~ CIFIITRACT WZT~ GULF COI~TRUCTOR$, ZNC. FOR "~lq~'~ ~ I~,GZOllAL ~i~ 'FRNA~ FACZLZTT" - AFFROVED ,0~ .Maste~ater Director Clemens advised that this item Is a request of Change Order No. ? for the ongoing construction with s, Inc., for the "South County Regional Wastewater Facility'. Mr..Clemens pointed out that this change order Is for three the upgrade to the emergency power and storage system which staff to enter Into a curtailment agreement with FP&L and a savings on the power costs for the facility which should ~back the amount of the change order within a two year period; 3n and re-airing to the top of the berm to bet'Heir enhance ng for the residents to the north; and the addition of a back Page 36 to the 6" potable water line coming into the plant. i'!~ In answer to Commissioner Hasse, Mr. Clemons explained that there ~o connection points between the e~fluent line and the potable line. He indicated that the backflow preventor le~ on the main water line coming in the plant and the fire hydrants are also line, noting that there are access points Into the s~stem and potential for contaminating the system. He noted that this is the that the backflow preventor has been added. :,'In response to Commissioner Volpe, Mr. Clemons stated that pre- 'io~ly there had only been a day tank for fuel storago, but now the of storage capacity has been Increased to 4 ~ays plus the day He explained that the day tank w~ll be used as a last minute tank if the entire system ts m dry during an emergency. ~~ 4/0, ~ ~ ~ ~ No. 7 to t~ c~t~ction 000 179 Page 37 December 11, 1990 · m,m]~ uz~x~ICT - CO~T~ FOR 01~ ~ County Attorney Cuyler requested that this item be continued for He explained that he needs to check some issues relative to 1 review. S~mh~n moved, seconded t~ Co-missioner ~mdni~ht l/O, to contt~ue this ite~ for one ~eek. 00-O10 TO PROVIDE IPORT~K INSTALLATION OF THE ROADMAY ~"BT~ RITR~ P~LIC~ BAY - ~~ TO I~ID-~O~IT~NT ~ECTRIC ,140 ;,Nr. James P. Ward, Assistant District Manager, Peltcfln Bay : District, reported that this agenda item ts consideration award of Bid No. 90-010 to provide for the installation of ltghttn9 system within Pelican Bay. He Indicated that a months ago, the Contsston approved the special asset~sment for the .. ~ts of Peltc~ Bay to provide the roadway ltghttn~ systems for ~:~/.~l~ce of the areas to be developed. He noted that this par- bid awards the lighting contract and installation of the He recommended that this bid be awarded to Mid-continent 'in the amount of $123,140. · oodni~t moved, s~-ond~4 by Co~dsstom~ Sh~mhmn 4/0, that Bid lo. 90-010 be awarrded to Ntd~t~t h ~ ~t of ~123,140. DO-Oll TO PROVI~ FOR THZ PURCHASE OF STREET LIGIITI~G POLES BAY IJ~ROV~BIFf DISTRICTtS ~ LIGHTII~3 SYSTKN - N~. James P. Ward, Assistant District Managgr, Peltc;m Bay District, stated that this item is a request to award the for the purchase of the balance of street lighting standards and for the Pelican Bay Improvement District's Street Lighting · Ha recommended that Mid-Continent Electric be awarded the bid amount of 917,375. m Page 38 December Il, 1990 Ibeaah.~ ~.~.d, seconded b~ Co-aA#Loser 6oodni~ht 4/0, that Bid No. 90-011 b~ a~ra_~d~d to Mtd-Cr~nt!_-__~nt in the a~ount o£ ~4 ~. 90-912 TO FURIII~R ~ D~LIV~R O~ ~H~RG~CY G~Ir~FATOR ~ ;TIIAII~F~ ~ FO~ ~ F~LICAII BAY 1~ DISTRICT'S UTILITY -- ~ 'It) Cl~F~ $O~TI~J~ POW~'~, INC., IN T'H~ AMOUNT OF Mr. Ja~es Ward, Assistant District Manager, Pelican :, explained that thts is a request to award Bid No. 90-012 and delivery an emergency generator and transfer switch for Bay Improvement District's Utility Plant. He noted that responsible bidder is Cummins Southeastern Power, Inc., tn of $138,538, and recommended that the bid be awarded to ftr~. response to Contsstoner Volpe, Mr. Nard Indicated that there · c~,rently an emergency generator of sufficient size to handle of Pelican Bay. Cos.missioner Volpe questioned whether the Pelican Bay Improvement currently takes advantage of FP&L's curtailment power rates. Nard replied that he Is not familiar with the curtailment rates · P~L but acknowledged that he will look Into this. ::, Clemons advised that he will investigate with FP&L and noted ~,~,,~..they do have a mtnlmtu, wattage, but he is not sure what the draw of the District Is. 4/0, ~ ~ Bid Ilo. 90-O15 to Cu.~tns Southeastern Po~er, ~...ds~ ~oodni~ht ,oved,. seconded by Co-~i,mioner Shanahan 4/0, l:h~t Bl~t Am~ndms~lts 91-48/52 b~ adopted. ~ 8oodnig~t ~av~, ~econ~ed by Co-~lmmioner ~ ~ c~l-l'ied 4/0, that Bu~t lsend~ent Re~olutton 91-4 be adopted. ,/ ,~PAf,[~ Page 39 December 11, 1990 ~D~~I~T ~ COLLIER COUNTY AND CITIZE~J & - ~tFPROV~D~TH CHANGES Finance Director Yonkosk~ stated that the recommended agreement ~eo changes as follows: Page 3, Item 5, Line §, should read ,.,..oOmiealon of the County'; Page 6, Item 18, Line 5, should read ~The County will consider price adjustments each twelve (12) month ~ ~d~t~ht I~ed, ~ b~ C~t81i~r Volpe and ["4/O, to ~ th~ Fln~cial ~dvi~ory &~r~nt b~tw~n Le Cou~t~ ~nd Citizens & ~mthern National B~nk with ch~ng~. 0 P,;,195 Page 40 December ~1, 199o 'inance Director Yonkosky advised that this is a reconu~endation approval of a budget amendment in the amount of $7,200 for finan- software. He indicated that $5,600 was in the budget last year ~ for tB~ final installment of the financial software, but has not been made. He indicated that this amount would come Reserves. Re explained that there has been a change as required XRS with regard to the Information that ts provided at the end of year, and the people who provided the software have agreed to do for $1,6OO. Director YonkosJ~F requested that the budget amendment in of $?,200 be approved from Reserves in Fund 301. S/0, (Co~aissi~ S~mders ~nd Ooodni~ht out). 90-~01, APPOINTIN~ NILLXAM 8. RO~ TO TH~ INFORMATION AND Administrative Assistant to the Board Ftlson stated that this item · request to appoint one member to the Information and Referral Ribbon Task Force Ad Hoc Oommtttee. She explained that the Icy occurred by the death of a member. · Ftlaon indicated that a press release was Issued and resumes ,·received from Wlllta~ Roy and Robert Tuff. Sh~nahen ~r.d, ~ by Commissioner Volpe and 4/0, to ~otnt #illia J. Roy to fulfill the remainder of the '~ ~ Xnfo'r'mm~ton end Re,ertl! Blue Ribbon Tmok For'ce Ad Hoc ee~ that [resolution ~-601 be adopted. Page 41 December ll, 1990 Co~testoner Goodntght stated that this Item is a reco~endation the Fair ~ard. She advised that according to the Charter and ~'~-~, the Board of County Commissioners needs to approve any that have ~en ~de, prior to fo~ardlng same to the of A~iculture and Con--er Semites In Tallahaesee for , ~d then they w~ll be brought back before a C~rcu~t Judge noted t~t the chan~es were preeented and unanlmouely approved by Fa~r ~ard. Coatsstc. aer aoodnt~ht explained that the changes mainly consisted. .of'plactn~ thtn~s that were tn the Charter Into the By-Lewis, i.e., i.?..~ ~1 mettn~s would be held, the amour of the annual dues, · . Cowslastoner Shanahan noted that one of the larger changes extending the terms for at-large directors from a one yE:ar period · staggered two year period. ("Clerk Giles reported that the number of Directors will remain at ..He Indicated that in the paet, there were 9 regular directors and · ~ ' has been changed to 10. He noted that the 10th director will be ...~ representative from the Sheriff re Office, and therefore, the number Of at-large directors is now reduced from 11 to 10. Collsatoner Hasee questioned if the County leases the fairgrounds Fair Board, to which Clerk Giles replied that the Fair Board ,; , County $12.00 two years ago, and this takes the lease through year 2000. L. Contaatoner Goodntght noted that all the improvements that are ' at the fairgrounds become the property of Collier County. !.,'In response to Commlastoner Volpe Clerk Giles advised that there Page 42 December 11, 1990 portion of the property that ts not leased by the Fair Board, wtl! be occupied by the new Agricultural Center. ~.Wlth respect to the Growth Management Plan, Commissioner Goodnight that she believes that Collter County may obtain credits for that take place since this ~s public property and according · leue with the County, the Fair Board must encourage public L¢tpat ~on. Clerk Gtles reported that having activities year around at the ~lrgrounds may be an inexpensive way to obtain credits toward the ion Element in the Growth Management Plan. He noted that the Board would like more Involvement with the County to pursue a aite for community activities. L low the question, the motlon carried 4/0, (Comm/mm~oner ~,~~ ~, ~990 ~ TO B~ HEL~ AT 8=0~ P.M.= County Manager Dorrill advised that durtn~ the next severa! months will be approximately 5 ~D~s per month, subject to evening ga. ~e requested that a dete be ~hosen for those items to be ~heard on the 2?th of December. He indicated that the Items that were from last week will be heard this evening and suggested that public hearings for these be conducted on December 2?th or one evening in the following week. County Attorne~ Cuyler reminded the Commission that 4 Ccrmm~asloners need to be present for these public hearings. ~.': ~ ~tng the foFthgo~/llg evening meettng~, ~t ~ the con- .' w~ th~ Co~/~ton that meettng~ b~ held on I~cemb~r 27, 1990 at FoMo~ ~nd 3~n~l~y 15 & 29, 1991 at ?:00 ~ TH~ BCC AB'D THE S'H~RlrFIP*S OFFICE FOR GROOrDS - TO B~ BROUGHT BACE 12/18/90; COUNTY MANAGER TO ADVISK OF ~'Captatn Earl aacobson, Sheriff's Office Jail Administration, ~. ~lalned that this agenda item relates to approval of an agreement 000 209 PA~[ . Page 43 December 12, 1990 th~ Board of County Com~issioners and the Sheriff's Office for of imaates for weekend labor to offfset the cost of commercial ["contracts for grounds maintenance at the Government Complex. In answer to Commissioner Hasse, County Manager Dorrill stated other alternatives would be to use County Facilities Maintenance or hire day laborers, but in lieu of these, it is proposed to .the in.ares at the lo~eet rate and pay the Sheriff for work that be paid to someone else. He indicated that day labor rates are .igenerally $5.00 - $7.00 per hour. .Conissioner Shanahan asked who will provide medical coverage and ~ for the inmates, to which County Manager Dorrill replied he understands that this will be provided by the Sheriff's Captain Jacobson advised that any necessary medical costs would be l~d. fro~ the Sheriff's Budget. In answer to Commissioner Volpe, County Manager Dorrtll stated historically, there have been two budget items for these sar- He noted that one was for the contracted grounds maintenance at the Government Center which included weeding, mulching, and the emptying of garbage receptacles, but this contract now been divided into two. He indicated that a bid was awarded last week for the mowing, edging and fertilizing aspect of the main- ~.,y,tell~nce since the Sheriff did not desire to bid on this. He explained the Sheriff's day labor inmate providers will be used to empty trash receptacles and to do the weeding and mulching and they be paid a lower rate than what would have been paid through the gr°ullds ~aintenance contract. Commissioner Volpe questioned what could be anticipated each year the maximum amount to be spent for this type of work under the County Manager Dorrill stated that he would have to look and see what was spent last year for the two line items. He that if the Commission desires to see an exact not-to-exceed he can provide same in one week. Jg 000,, 210 Page 44 December XX, 1990 Director ¥onkos~y reported that there will be no cash hands between the Board of County Commissioners and the Re indicated that the a~ount of the bill will be a Journal giving the Sheriff credit for this. ~ ~ of thru Commiulon that C*u~t~ Nmna~mr Dorrtll in cue Moek and prcnrido m not-to-exceed figure. '~---;~mmis~io~er ~ moved, ~econded b~ ComaAa~toner ;* ~"-~;;'~ai~t am~ e~x~td 4/0, that the follo~in~ ttm ~er the ?,~-'-.:~msm~t-m~z~a be ~ and/or a~opte~: **. l. The water facilities to serve the project cannot be placed '~; into service and no Certificate of Occupancy shall be issued : until the Florida Department of Environmental ReDulatton fur- nishes a letter approving the water distribution system for service. ''Bacteriological testing has met the County's requirements. The Fire Flo~ requirements of the project have been satisfied and the Fire District furnishes a letter accepting the fire hydrant for o~nership and maintenance. OR BOOK 1585 PAGES 768 - 787 !iasC LUCCa 00-S02, A~raoaxzxxo ~X~A~ ACC~rAWC~ or THE Roam(aY, UaTnR AU~ SEWn XMPP~VDUmTS fOR TH~ rXXAL PLAT oF 00°603, GRATING FRELXMX~ARY ACCEPTANCK OF THE ROADWAY, MITER AID SKMKR XMPROVI~NT~ FOR THE F~XAL PLAT OF Accept the Escrow Agreement (posted with the Clerk) as security for maintenance of the Infrastructure until the Board of County Coalssloners grants final acceptance of all improvements. Preliminary acceptance of improvements will not become effective until water and sewer facilities have been conveyed to Collier County Water-$e~er District. See Page~ ~~ Accept an Irrevocable Letter of Credit and Personal Bond as security to guarantee completion of the subdivision Improve- ~nts. · Authorize the recording of the Final Plat of "Riverchase Shopping Center." December 11, 1990 the Chairman to execute the construction and main- a~ree~e~t. · That no Certificates of Occupancy be granted until the '/reqllired improvements have received preliminary acceptance. That an original, completed and executed Letter of Credit, in the format of the draft, be received and approved by the County Attorney's Office prior to recording of the plat. 90-604, ~FXwNA~. ACCtTTARCE OF Ta~ #&TEa, SEWER, See Page* · 0-~08, AUTBORXZ~ FXNAL~~ OF THEW ATER0 SEWER, IN 'B~E~HIRE LAKES UNIT FOURu See Page~ __~ The water and sewer fac/l/ties to serve the project cannot be placed into service and no Certificate of Occupanc~ shall be /ssued until the Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems into service. Bacteriological testing hae met the County's requirements. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting · the fire hydrant for ownership and maintenance= OF N~T'~ FACILZTZE~ FOR NEM~ASTLE (C01qDOI~NI~I~I) - WITH The water and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems into service. Bacteriological testing has met the County's requirements. The F/re Flow requirements of the project have been satisfied, and the FAre District furnishes a letter accepting the fire hydrant for ownership and maintenance. OR Book ].583 Pages 1110 - 1].26 OF UELTER FAczLrA'zES FOR PZPI:R'S POZNTE (A/E/& PZPER'S m 000 212 Page 46 ,%. December 11, 1990 water and sewer facilltAee to aerve the project cannot be placed into se~vAce md no CertAf~cate of 0ccupanc¥ shall be issued until the Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems Into service. Bacteriological testing has met the County's requirements. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting 'the fare hydrant for ownership and maintenance. OR BOOK ~_O~__PAGES g0-606, PROV~DZIlG FOR ASS~IENT OF LZ~N FOR ~ ~ OF See Pages ~- ~.~ ~ 90-607, FROVZDZNG FOR J~~MT OF LZ~ ~R ~ CO~ OF See Pages 90-~O8, FROVIDI]IG FOR J~$E~II~IT OF LIEN FOR TI~ COST 0F OF FUBLZC MUI~tMC~ 1~ COHFI~ZJLIlCE ~CES CA~E NO. l, ~ 01~ ~ C01~AU-CARTER ZIIVESTI~NT CORP., LOT 20 See Pages 90--609, PROV~Dr~G ~ &S~q~NT OF LIEN FOR TI~ COST OF OF FUBLZC llU~SAN~ RE COI~LZA~CE SE~V~CES CASE NO. ~4~--02812, ~ OF ~ CA~INIRO &. KGUZZABNL AMD HAI~ENE K. rOT 3 BLOC[ 229 MARCO BEACH UWlT SZX See Pages 90-610, PROV*I'DZN8 FOR JI, S'5'~SI,I:~IT OF LIEN FOR TIlE COST OF OF FOBLZC MUZ~ R~ G"OI~Z~ S~~ C~ ~. ~:~1~8, ~ OF ~ ~~ Z~E, L~ 11, ~ 274, ~T '~ r See Pages gO--~ll, PItOVZDZM~ FOR A~M~NT OF LIEN FOR T~ COST OF OF I~/BLZC MUZSJLMC~ R~ CO~PLZAMUE SERVICES CASE NO. ~O-~,-O1T2g, ~ OF RECORD NART ~O~NS0~, rOT 20, BLOC~ ~, SOUTH ". See Pages m 000. , 213 Pmg. 47 Dm,~mmber3e 11,, 1990 OMMZ:R OF RZCORD I~CN. JI,.~L 3. ~tPT, JLM, T. OT 3, BLOC~ 22.2 011' See Pagee PROVIDING FOR&,~B~8~MT OF LI~N FOR TI~ COST OF ~ ~ J~ J* ~' ~~ ~ J~K~ 3. See Pagee ~ ~"~14, FROVI'DI']~ FOR ~ OF LZ~I FOR T~ COST OF OF IRF~,lC N0/~UIC'~COMFLXAMU~ S~qV/C~S CA~K HO. 181o OMM~OFIq~'~:~RDOT]:S N. M~BN, LOT 2, BT..OC~ 8, IZILPLES See Pagee ~~ See Pages 90--616, FROVZDI'MU FOR ~i~l~lT OF LZ~M FOR T]~ COST OF OF IRY~,ZC MUZ~,JIU~ 1~ CONFLTJU~'~ ~gl~/ZC~ CA~ See Pages __~s__~='~ -- ~ ~ldA10L tO-617, FROVZDZMG FORASS'ZSSMKWT OF LXKM l~'rllE co~T OF ONSIB3t OJ'Iq~CORDOSCARAMDEATHT, KKM'PATZMO, LO'/* 1, BLOC[ See Pages m 000 , 214 Pm.,~m 48 Docember, l't~ 3.090 -'~ OF ~ J'OH~ p. ~CR~,, LOT 16~ BF,,OCK 277 OF See Pages 00-620, FROVZD~ FOR ASSKSSMI2~ OF L~NFOR T~ COST OF :IBfI3~B~:IrI'OIPFOBL~C llU~ ~ ~~ S~S C~ ~. 322 ~~~ See ~ages ~~ []JTB:ILOCAL AGRIBMK~F WI'TH TH~ CITY OF XAPZJ~ FOR THE CORRIDOR See Pages ~u.~____~ BrTWEEWCOLLIER COUNTY~ MZSS~qER a ASSOC , ~Lm~, S~'XU_~ OF Cm21FrY-OWWKD PROPERTY I~RPURPOSE OY X'ws'rALLZ~9 WELTS ]LID TO PERFORM OZL BORZ gS See Pages IIE~ZSIIFEEW/THCH2MH/T~, ZJ~., FOR PZNK RZIX3K RO&D XJ~aROF]DI~BTS BETWKB3~U.S. 41 JLRDAI'RPORT-PULT,/B~IRO&D, CZK FUBD 313 TO ~ FORWARD FUIFDS FROM FY 80---00 FOR THE I~VZS DOULEVlRD ROAD ~ PlqOJECT WO. ZNTHKAMO~MTOF 0643,576 RR~'~FJ:ZX~ FY S)O-91 IPUMD 409 OFT H~ COq:FMTYW&T'Klq DXS'T~ .~IPOIID80InDKR BID d110-2526 FOR SLUDGE H&ULXNI3 TO J & J ~ 600 :Ogll~R IrS. · FOR FORCE MAIN AND PUMP STATION BY THK 41 See Pages DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE T~frZTT/COUBTY~~~ PROVISZOWOP 13rTIXlX SEWER 000., .215 Page 49 December il, 2990 See Pages ~ ~ 30Hlq ts. PIGGOTT AND C0LLTKR COUFfYo See Page8 ~ FOR THZ CR-961 GATEWAY AI4BULAI~E SB:RVZCI, ILK:. &lid See Pages _~~__£~ ~00-1643 FOR~TORT~t~ZC~ - &MARDED TO A.C. ;66 ~ FOR LOT T, NORTHU~TE VILL&GE ARD ACCEP~JL~E OF FOR POItTTON OF EX~ I~AGE CJUI&L See Pages J'X3it WATIR NAJMflKMBXT C0HTRZB~I01 RE D&VIS BOOLKV~ ,800 404/405 l~-.'280/281 ;269 254/255' Dated 12/27/90 Dated 21/27/90 Dated 21/27/90 Dated 11/27/90 Dated 11/27/90 277/28! 236/241 123/126 NO~e. 44/4? December 11, 1990 1990 Dated 11/27/90 Dated 11/7/90-11/27/90 Dated 10/25/90 Dated 10/31/90 Dated 11/5/90-12/4/90 Dated 11/7/90-11/29/90 Dated 11/27/90-12/03/90 TJUlGZBL~ PlSt~Ol~L PROPERTY Dated 11/27/90-11/30/90 ,ZEN FOR SERVICES OF THE FUBLIC DEFENDER See Pages _~~~~ ~ fo/lowing miscellaneous correspondence was f/led and/or to the various departments as Indicated below: Memo to BCC date 11/28/90, from Jane Polkowskt, N.D., M.P.H., re SLE Update and Good News. xc: Filed 11/16/90 Department of Environmental Regulation Notice of Public Meetings and Rulemakings. xc: Neil Dorrtll, Bill Lorenz, Tim Clemons and flied. Letter dated 11/26/90 to Chairperson from Trudte Bell, Environmental Supervisor, Wet/and Resource Regulation, Department of Environmental Regulation, w/standaz.d form application Re File No. 111894329, Assoc. of Livingston. Nell Dorrlll, Frank Brutt, Bill Lorenz and filed. xc: Letter dated 11/19/90 TO BCC from Tony McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re Public Notice Filed #C0-27§ ATF CF, Permtttee: Marco Island Partners, Limited PartnE~rshtp. xc: Nell Dorrtll, Harry Huber, Frank Brutt and filed. Application dated 11/13/90, from Florida Department of Natural Resources, Division of Beaches and Shore9, Bureau of Coastal Engineering and Regulatlon, re Permit #02803 CO, Park: Shore's Private Beach. xc: Nell Dorrlll, Harry Huber, Frank Brutt and f~led. Letter date 11/28/90 to Coil/er County from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re Public Notice, File #A CO-276, Permittee: Norman ~edrich, Trustee. xc: Neil Dorrill, Harry Huber and flied. Permit dated 11/23/90, from Alfred B. Devereaux, Jr., Chief, Bureau of Coastal Engineering and Regulation, Florida Page 51 December 1:1, :1990 Departnent of Natural Resources. Division of Be&ches and Shores, re Tlgertai! Beach Park. Spinnaker Drive, Marco Island. xc: Nell Dorrtll. Cliff Crawford. Harry Huber and filed. CC of Letter dated 1:1/21/90 to Ms. Nancy E. Stroud, Burke, Bosselman and Weaver, from Kirby B. Green, III, Director, Division of Beaches and Shores, Department of Natural Resources, r~ Approval of Time Extension, Permit File EDBS 86-:145 CO, Permittee Name: Thomas Hicke¥, Successor Trustee. xc: Nell Dorrlll, Frank Brutt and filed. Letter dated :11/28/90 to Chairman Haaae, from Robert L. Patton, Controller, Collier County Tax Collector's Office, advising of distribution of current ad valorem tax to the BCC after Tax Collector's commissions: County Wide - $5,306,307.63; Dependent District - $806,076.46. Filed. Undated Notice of Public Meeting from The Land Acquisition Advisory Council, re project designs and modifications for CARL Projects. xc: Nell Dorrlll, B111 Lorenz, Frank Brutt and fi/ed. Minutes Received and Fl/ed: Planning Commission Agenda for :12/6/90 and minutes of 9/20/90 and :10/4/90. Notice to Owner dated :11/20/90 to BCC from B. J. Excavating Enterprises, Inc., advising that they have furnished a truck, heavy equipment, labor and materials for the Wetland Restoration in Rookery Bay Aquatic Preserve, under an order given by Coastal Revegetation, Inc. xc: Steve Carnell, John Yonkosky and filed. Notice to Owner dated 11/29/90 to BCC from New South Construction Services, Inc., advising that they have fur- ntshed the installat~on of concrete retaining bases, for the Exploratory Water Wells, RFP 89-1§02, under an order given by Hydro Well Technologies, Inc. xc: Steve Carnell, John Yonkosky and filed. Notice to Owner dated :11/29/90 to BCC from Better Roads, Inc., advising that have furnished asphalt paving, for South Gounty Regional W.W.T.F., under an order given by Gr~fftth Paving. xc: Steve Carnell, John Yonkoaky and f~led. the Notice of Nonpayment dated 11/28/90, to Fidelity & Deposit Co., BCC, Mitchell & Stark Construction Co., Inc., from Florida Contractor Rentals and Sales, Inc., advising that they have furnished construction equipment rental and supplies for the South Service Area East and South Naples Waste Water Collection Facilities, pursuant to a contract with Whitesands Construction Co., and has not been paid and is owed $1,620.21. xc: Steve Carnell, John Yonkosky and filed. Page 52 December 11, 1990 (i:There being no further business for the Good of the County, the was adjourned by Order off the Chair - Time: 3:00 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPI~ALS/EX OFFICIO GOVERNING BOARD(S) OF SPXCIAL DISTRICTS U]{DER ITS CONTROL ~roved by the Board on or as corrected Page 53