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BCC Minutes 12/05/1989 RNaples, Florida, December 5, 1989 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and ae the governing board(e) of such special districts ae have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in ~ULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: Burr L. Saunders Max A. Hasse, Jr. Richard S. Shanahan Michael J. Volpe Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Ellis Hoffman and Annalieee Kraft, Deputy Clerks; Neil Dorrill, County Manager; Rom McLemore, Assistant County Manager; Ken Cuyler, County Attorney; David Weigel, Assistant County Attorney; Oeorge Archibald, Transportation Services Administrator; Frank Brutt, Community Development Administrator; Wi/l/am Lorenz, Environmental Services Administrator; Russell Shreeve, Housing Urban Improvement Director; David Weeks, Planner; Dick Clark, Code Enforcement Supervisor; Cliff Crawford, Parks and Recreation Director; Bill Temby, Utilities Engineering Director; Fred Bloetscher, Assistant Utilities Administrator; Sue Fllson, Administrative Ae~*stant to the Board; and Deputy Byron C. Tomlinson, Sheriff's Office. Page ii. December 5, 1989 Tape &OKNDA AND COGENT AGENDA - APPROVED WITH CHA~GES Co~tssionsr Shanahan m~ed, seconded ~ Co~eeloner Haeee ~d carrt~ ~i~ly, t~t the agen~ ~d consent agen~ ~ a~r~ed Item ~B1 - Petition R-89-13, William E. Payne of Hole, Montes & Associates, Inc., representing Peninsula Improvement Corporation. requesting a rezone from A-2 to A-2 ST to PUD for property to be known as Hawks Ridge, to create an integrated mixture of single and multi-family residential land uses accompanied by recreation facilities and open spa- ces, located on the west side of Airport-Pulling Road (C.R. 31), 1.5 miles north of Golden Gate Parkway (C.R. 886), Section 23, Township 49 South, Range 25 East, Collier County, Florida, containing 78.83 acres - Continued to December 19 1989, as requested by Staff. ' Item 6B2 - Petition SMP-89-10, William E. Payne of Hole, Montes & Associates, Inc., representing Peninsula Improvement Corp., requesting Subdivision Master Plan approval for the proposed Hawks Ridge PUD, on the west side of Airport-Pulling Road, 1.5 miles north of Oolden Gate Parkwalf, Section 23, Township 49 South, Range 25 East, containin~ 78.83 acres - Continued to December 19, 1989, as requested by Staff. Item 9Cl - Recommendation to approve a hold harmless agreement for Naples Tomato Growers for their donation of $2,500 for "Snowfest '89" - Added. Item 9D2 - Utilities acceptance agreement for the North CollleI Hospital - Added. Item 14H1 Moved to 9H2 - Request for authorization to obtain appraisals for the purpose of negotiating the purchase of certain lands on Marco Island to provide beach access and public parking. Commissioner Shanahan requested that this item be heard at 11:00 A.M. Item Item 14B1 Moved to 9B2 - Recommendation for approval of Bonita Beach Road design plan at Initial C¢,llAer County expense, and for approval of extending Collier County's Traffic Model Program into Lee County. Ruquested by Commissioner Volpe. MINUTES OF RE(EILAR ~C ~ETING OF OCTOBER 24 1909 P~ES~ ' Comttssloner Hasse ~ovsd, seconded by Commissioner Shsnehan carried unanimously, that the minutes of the October 2~, 1980 Booting be approved as prasented. lte~ d~B3 ORDIIEAHCE 89-87, PrflTIOH R-89-24, Fled N. THOMAS, .TR., REPRESENTING COLLIER COUNTY HOUSING AUTHORITY, REQUESTIN~ A REZONE FROM A-1MH TO RSF-4 FOR AN EXTENSION OF THE ~XISTING FARM WORKER VILLAGE (COMPANION TO PU-89-19) - ADOPTED, AS PER AMENDED AGREEMENT SHEET Page 2 December 5, 1989 Legal notice having been published in the Naples Daily News on November 15, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, Florida, by amending the offi- cial Zoning Atlas Map Number 47-29-1, by changing the zoning classifi- cation of the herein described property located on the northeast side of SR-29 in Section ll, Township 47 South, Range 29 East, from A-1MH, agricultural with mobile home overlay, to RSF-4, residential single- family; and by providing an effective date. Planner Weeks advised that this petition is a companion item to Petition PU-89-19, and noted that his presentation will include both items. Mr. Weeks explained that the subject property is located lust out- side of the Immokalee community, but ie within the Immokalee Planning Community, as shown on the Future Land Use Map of the Growth Management Plan, and is adjacent to the existing Farm Worker Village development. Ne reported that 50 additiol~al units (40 single- family and lO dvp/exes) are proposed on a 19.6 acre tract of land, as an extension of the adjacent Farm Worker Village. Mr. Weeks indicated that the Zoning District of the Village to the north, is RMF-6, and the proposed Zoning District i~ RSF-4, with the Provisional Use which allows the clustering of sl~gle-famtly and duplex units on a single parcel of land. Ne ad~,ised that the density rating system within the Growth Management ~an would not a]:.o~ the RMF-6 District to be zoned on this piece of property. H, noted that surrounding properties to the east, west, and uuuth ar~ undeveloped, or contain fallow farm fields and are zoned A-1MH. Mr. Weeks stated that the proposed density is 2.55 units per acre, and is consistent with the Growth Management Plan. Ne advised that Staff have found no inconsistencies with the Growth Management Plan, and they are recommending approval, subject to a variety of stipule- Page 3 December 5, 1989 tions. Mr. Weeks informed that the Collier County Planning Commission reviewed this request on November 16, 1989, and they have recommended unanimous approval. He noted that subsequent to the CCPC meeting, the applicant requested one change to Item 4 of the Agreement Sheet. He explained that adjacent to the subject property and between the site and SR-29, is an existing canal. He advised that Staff requested the dedication of an 80' easement for canal maintenance and access, but noted that the 80' would interfere with some of the existing develop- ment within the Farm Worker Village to the north, and the petitioner is asking that the distance be reduced to ?0'. He stated that Staff does not object to the ?0' width of the easement, and recommends approval, subject to the stipulations, and the modification of Item 4 in the Agreement Sheet. Mr. Weeks indicated that the Provisional Use allows the clustering of the units themselves. Attorney George Varnadoe, representing Collier County Housing Authority, statud that Mr. Weeks has accurately described the project. He called attention to the request for Provisional Use for group housing and duplex units, and noted that some of the natural areas and the large oaks and pines will be maintained. He Indicated that 44~ of the project will be open space. He informed that a letter has been received from the Immokalee Water Sewer D~strict, advising that they have existing capacity to serve the eite. Mr. Fred Thomas, Jr., stated that the 50 units are p'k'k of an overall package that involves the Pocket of Poverty Gr,nt and a Community Development Block Grant. He advised that t'he 50 units will be built on the subject site which was purchased with Pocket of Poverty Funds, and another 30 units will be built on another site in town which will be in support of the Block Grant. He thanke~ Attorney George Varnadoe, and noted that he and his staff have provided gratis legal services for the rezone and a future PUD amendment. Page December 5, 1989 There were no speakers. ~Asstoner Sh~nahan ~oved, seconded by ConAsstoner Ha~ee and C~XsoX~er S~~ ~ed, oecondod ~ Con~ee~oner Hasoe ~d c~rA~ ~im~y, that the ordl~ce am n~red ~d titled ~1~ ~ ~pt~, ~bJect ~o the Petitioner'o A~eeMnt, ~ ~~, ~ ~t~ Ante Ordi~ce ~k Ho, 37: ORDINANCE 89-87 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 47-29-1, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PRO- PERTY LOCATED ON THE NORTHEAST SIDE OF SR-29 IN SECTION 11, TOWNSHIP 47 SOUTH, RANGE 29 EAST, FROM A-1MH, AGRICULTURAL WITH MOBILE HOME OVERLAY, TO RSF-4, RESIDENTIAL SINGLE FAMILY; AND BY PROVIDING AN EFFECTIVE DATE. i~E~OLUTXON 89-380, PETITION PU-89-19, FRED N. THOMAS, JR., lq~PI~ENTING COLLIER COUNTY HOUSING AUTHORITY, REQUBSTING PROVISIONAL USE 'G" OF RSF-4 FOR GROUP HOUSING TO BE AN EXTENSION OF THE ERISTING · FARM ~O~ VILLAGE (COMPIJION TO R-89-24) - ADOI?TED, AS PER AMENDED This item was discussed as indicated above, In Item 6B3. Commissioner Shanahan moved, seconded b~ Conteotoner Goodntght ~nd C~Tted ~~ly, t~t Resolutt~ 89-350 re Pe~ttion ~-89-19 Page 5 December §, 1989 CH~RL~ I~INT - A~PEAL OF CASE NO. W89-6618, MAINLI~ BLOC~ 6, LOTS ~ 23 - ST~ TO CO~TACT CO~f]tAC?OR TO RE~OVE ADDITIONAL DEBRIS AT Hr. Charles Fi.tnt stated that he ovms two lots in [mmokalee. He advised that he received notice that he should do something about cleaning up his lots, and noted that about the time that he was making preparations to clean the lots, he received another letter saying that the County Attorney's Office was making arrangements to have other lots tn the area cleaned, and that the Sheriff's Office would keep the people from trespassing. Mr. Flint indicated that when he inspected his properties, he was not satisfied with the Job that was done, and called the County's Inspectors back on two different occasions. He stated that much of the debris still remained on the property, and he then contacted Mr. Clark, Comp!~ance Services Supervisor, who took photos of the lots. He noted that he informed Mr. C/ark of many item~ that still remained which had been on the properties for 8-10 years. Compliance Services Supervisor Clark stated that he has talked with Mr. Flint several times. He Indicated that the lots had § pick- up loads of trash, which hsd to be hand carried out. He advised that he sympathizes with Mr. Flint, but the lot owners arq responsible to either clean up their properties, or the County w~ll do so. He informed that Mr. Flint had ~0 days to clean up his property, before the County took action. Mr. Clark reported that he will have the contractor go t~¢k to Mr. Flint's property and remove the remaining items, at no '.dditlonal cost to him. It was the consensus of the Commission that Staff contact the contractor to return to Mr. Flint's property and remove the additional debris, at no extra charge to him, and if there is a problem, Mr. Flint should return to the Commission. RESOLUTION ~9-S~1, EXPANDIN~ THE BOUNDARIES OF THE COLLIER MosquITO gO~ DISTRICT - ADOPTED Page 6 December 5, 1989 Ms. Jeanne Brooker, Chairman, Collier Mosquito Control District, informed that the District ts requesting approval to expand their boundary lines, under the provisions contained In Chapter 388.211F.S. Mr. John Deupree, Commissioner, Collier Mosquito Control called attention to a map, depicting the existing boundaries, and said the areas highlighted ~n pink are the three areas proposed for expan- sion. He explained that when the District was started, it included 6 square miles, and it presently contains tn excess of 200 square mt/em. He reported that numerous requests have been received to Increase the boundaries. Mr. Deupree advised that tn Areas ! and 2, the eastern most boun- dary line which already exists, ts being straightened up. He noted that the planes normally cover an area that could be as much as square mile wtd~ and 5 or 6 square miles long, tn order to make their turns. He Indicated that it ts not practical to ad~ a short area, because the planes cannot operationally cover it efficiently. He stated that the District also believes that Area 3 can be Included w~thtn its boundaries, and noted that there have been several discussions relating to how priorities should be set, and attempts are being made to straighten out the north/south spraying line along the eastern boundary, since it serves as a buffer zone. He explained that the District does have the necessary equipment, and this will not Involve a t~x increase to the existing district. Dr. Frank Van Eesen, Director of the Collier Mosquito C',~rol District, advised that 233 letters of inquiry were sent Jut which asked for negative responses, and noted that l0 re~p¢~'~es were received. Commissioner Saunders questioned whether this Issue has been well advertised ac that if there were concerns from the State Park or Rookery Bay, the Commission would be privy to those concerns? County Manager Dorrill advised that this item was advertised as part of the published agenda, and submitted as part of the public petition Page 7 December 5, 1989 process. Ms. Brooker afffirmed that this matter has been advertised publicly in the distribution of the letters to the voters in the sub- Ject areas, and no word has been received fro the environmental com- munity. Co~missioner Shanahan stated that he received a call from Dr. Xrts Thoemke, who questioned whether there was a si~nificant need, and appropriateness for increasing the boundaries. Commissioner Saunders questioned whether Dr. Van Essen is con- vinced, that ~rom an environmental standpoint, there will be no nega- tive impacts? Dr. Van Essen stated that he is con~ident that there will be no negative impact on the environment. Commissioner Saunders stated that if the Commission approves a resolution to expand the boundaries, he suggests that the County Attorney draft a resolution in the appropriate form, expanding the boundaries as indicated by the Collier Mosquito Control District, and noted that the resolution would not have to come back to the Board. Cce~ie. ion~r Sh~x~ ~oved, ~econded b~ Co~li~eioner Hawse and carried un~ni~u~l¥, to adopt Re~olution 89-381, expanding the boun- dari~ of ~me Collier Ho~quito Control Di~trict. Page 8 December 5, 1989 ACmZ~mr'r Br~gg~ COLLIg~ COm~ Aff~ C0LLIER C0m~Y ff0USZNG ~R C~~ D~~ BLO~ G~ CO--CT RO. 90DB-49-21-Ol-HO5 - Housing and Urban ~mp~ovemen~ DA~ec~o~ S~eeve informed that the Department o~ Communt~V Affairs has requested an amendment to the Agreement relating to the Co~unity Developmen~ Block Grant that executed on September 29, ~989. He advised that a le~er was received from DCA on November 16, 1989, g~ving the County until December 9, ~989, to amend the application. He informed that DCA wanted Collier County to enter into a contrac~ with the Collier County Housing Authority and Habitat For Humanity, whereby Habitat would provide 8 units, and Collier County Housing Authority would provide 19 units. Mr. Shreeve stated that Habitat was hesitant to enter ~nto a contract since ~heAr bylaws indicate that they will llot receive any pub/lc f~ds. He explained tha~ DCA staff has tnfoz.med that ~f the Collier County Housing Authority would commit to construct the 27 units, as applied for ~n the application, they will accept th~s. He noted that Staff has revised ~he amendment to d~lete all mention of Habitat For Humanity. He reported tha~ the agenda packet includes copy of a deed from the Collier County ConcerDed Citizens to the Co/l/er Cowry Housing Authority. Mr. Shreeve indicated ~hat DCA raised concer:ts that the utilit~es may not be available on the site. He advised that 1'holt concern~ arose from the fact that tn the past, they have awarded gr~.~s of this nature to install the improvements, and ~he grant recir',en~e did not do what they said they would do. He noted that one )~rticular com- m~lty obtained the grant, ~nstalled the roads and ~he utilities, 3 months ~fore the grant was to be closed out, they went to Farmers Home, ~d were informed that they did not l~ke the site and they were not going to construct i~. He sta~ed that in order for DCA to be ensured ~hat Collier County wall provide what ~s stated ~n the apple- cat/on, a letter has been received from the I~okalee Water-Sewer Page 9 December 5, 1989 District, advising that utilities are available at the site, the water is available now, and that they are presently enlarging their eewage treatment plant so that It can handle the additional capacity in 1990. Mr. Shreeve called attention to the contract with the Collier Co%tnty Housing Authority which indicates that the County will use Community Development Block Grant Funds and the Pocket of Poverty Funds to construct the roads and utilities within Collier Village where these units '~re to be built. He noted that the Housing Authority is committing to construct the 27 units and to have them occupied by /ow and modern income families by September 29, 1991. He informed of two stipulations that should be added Included tn the minutes: That the Housing Authority will be ensured by the Board of County Commissioners that if some major catastrophe or environmental influence (old artifacts, etc.), should be encountered, that they will not be sued by the County for $650,000. That the Housing Authority is not to consider this contract tn any way to waive any of the requirements relating to recording of plats, pulling building permits, or obtaining Certificates of Occupancy. Mr. Fred Thomas, Executive Director, Collier County Housing Authority, stated that the Federal Government has conducted an environmental Impact review of the subject property, and no environ- mental or archaeological problems are anticipated. Attorney George Varnadoe indicated that the ~ubJect property con- tains 40 acres of land on Fifth Street, which was originally donated from the Collier family to Collier County Concerned Citize;;,., who are deeding it to the Collier County Housing Authority. H~ noted that the Housing Authority has a commitment for the funds to 'J,:ild the units, and they are currently processing a PUD amendment which will be pre- sented to the Commission In late January, 1990, or early February, 1990. Mr. Shreeve called attention to Item ~2 of the Amendment, and noted that the project completion date may be extended if Collier County Is making good progress toward completing its goals, and there ,,, Page 10 December 5, 1989 is documentation of delays which have occurred. Commissioner Shanahan stated that it is comforting to know that the deadline date can be extended if an archaeological problem should occur, or delays should be encountered due to the weather. Commissioner Goodnight advised that she has discussed this with Secretary Pelham, and she is confident that if an unforeseen problem should arise, ~CA will be very helpful tn working with Collier County. Commissioner Volpe noted that Item 12 of the Amendment makes no mention of actual occupancy, but the actual agreement between Collier County and the Housing Authority states that the units will be completed and occupied by September 29, 1991. Mr. Shreeve stated that the occupan¥ date can be deleted, if so desired by the Commission. c~t~ ~l~ly, to a~r~ t~ A~nt ~~ Collier C~ ~ C~lller C~ ~ln~ Aut~rt~, wASh the del~lon of -~ ~_ Pi~~ ~ Xt~ (2), ~d ~n~nt ~1 to the contract w~th Florl~ ~~ of C~t~ Affairs for ¢-f,. Page 11 December 5, 1989 R~SOLUTION 89-382 AFFROVINa A STIPULATED FINAL JUDOMENT IN THE LITZ~IATION CASE OF COLLIER COUNTY VS. THE SOUTHLAND CORPORATION FOR ~ &CQU~SITION OF PARCEL 125-R RE SR 95! - ADOPTED Transportation Services Administrator Archibald explained that the proposed resolution sets forth a stipulated Judgment for Parcel 125-R of the S.R. 951 project. He indicated that this parcel ts owned by Southland Corporation, and is currently a ?-11 etore. He noted that on June 6th, Staff was authorized to proceed with an Order of Taking which took place on November 27, 1989. He reported that Staff was able to negotiate with the Southland CorporatIoD for a Stipulated Final Judgment. Mr. Archibald stated that the Final Judgment uontains the fo/lowing conditions: Total price of $475,000. Mr. Archibald noted that the updated County appraisal was $440,000, but Staff and counsel for the Order of Taktn~ have indicated that this represents a settlement in the County's Interest, in that it ts less than 10~ ~bove the County's appraisal, and as a result there will not be a contested Order of Taking, nor will legal costs and professional fees be incurred, should this issue have gone to trial. He advised that Staff feels that the $475,000 ts an acceptable figure. The property includes a convenience store with a fueling opera- tion. Mr. Archibald indicated that the fueling operation is a concern to the Southland Corporation and to Collier County. He stated that Staff wants to be assured that there Is no environmen- tal contamination, and thls has been addressed in the Final Judgment be making Southland responsible for removal of the fuel tanks and the fuel island at County expense. He explained that this would have been an activity for which the County would have been responsible at the construction phase. Southland is responsible for removing any contaminated soil and backfill with acceptable soil. An environmental assessment will be provided to Col'.er County within 90 days to determine whether there are any , ~her problems associated with that fueling operation. Commissioner Hasse questioned whether the County will realize any return for the fixtures? Mr. Archibald stated that at some point in time, when the County takes ownership of the property, consideration will be given to the disposal of the fixtures for salvage value. Commissioner Shanahan stated that he would like to see this pro- Ject ready as soon as possible, in order to move forward with the four- Page 12 December 5, 1989 lantng of SR 951. Commissioner Sh~ ~ov~d, seconded by Couuts.tonsr Has.s and c~z~led unanimou~ly, that Resolution 89-382, which sots for the Sttl~Llated ltnal 3~dgBent for S.R. 951 Parcel 125-R, I~e adopted. Page 13 December 5, 1989 10:25 A.N. - Raconv~ned 10:40 A.N. ess BONITA ~ ROAD D~SI~ PLAN AT INITIAL COLLIER COUNTY EXPEl[SE AND EXTE]ID~I~ COLLIER ~OUNTYI$ TRAFFIC MODEL FROGRAM INTO L~Z COUNTY - Transportation Services Administrator Archibald advised that this item is a recommendation to Initiate action with Lee County rela- tive to developing a Supplemental Agreement to proceed with the Bonita Beach Road project and to consider an agreement to proceed with a bi- county traffic modeling program. He explained that at the Lee/Collier County ~otnt meeting on October 22, 1989, it was discussed that Collier County had some funds available for Initiating the design of Bonita Beach Road, while Lee County did not. He rL~ported that there ts a possibility that the County could go ahead and outline the terms of a Supplemental Agreement between the two counties and initiate the design phase of that pro~ect, recognizing that the dsstgn phase, per- mitring and right-of-way may take a number of years. ~e reported that Staff recommends that they be authorized to meet with the Lee County transportation officials and begin to develop a Supplemental Agreement with terms addressing the design, and how the design would be shared between Lee and Collier County. He Indicated that there are grounds to share the expense on an equal basis. He rgported that Staff would consider a contract addressing which parties would be responsible for consultant contracts, etc., and bring the agreement back tm the Board of County Commissioners for consideration. He pointed aut that this would get a design contract underway, utilizing the funds that Collier County currently has budgeted and recognizing that tn subsequent years there would be a fair share distribution of total cost. He advised that Item 2 ts to consider expansion of the County's traffic modeling program to Lee County by an Interlocal AgreGment, which would determine each County,s responsibilities and cost and approval processes. He stated that Staff is seeking general direction from the Board tn drawing up Interlocal Agreements Initiating the Page 14 December 5, 1989 Bonita Beach Road project and Bt-County Traffic Model. Co~mtssioner Volpe expressed concern that the County has recently entered into a Master Interlocal Agreement with Lee County and not entered into any specific Interlocal Agreement with respect to those roads partially in Lee and Collier County. He expressed concern that Collier County ts making a commitment that they have funds available, approxi~ately $~75,000, towards the design of this particular segment of Bonita Beach Road and Lee County has no money or assurances aa to when they will have money. Re advised that tn going through the Capital Improvement Plan this particular road project is number Sl out of 36. He exp)ained that he understands that the~ is a discrepancy between the 10 year CIE and the 5 year CIE, bu'~ de~igntng these roads for the future when limited funds are available. ;~e expressed concern that these funds will not move one vehicle, and gridlocks exist tn Collier County. He reported that he Is concerned ~s to who will bene- fit from this at th~s particular t~me. He pO!hied out that moving traffic to benefit co~mercial establishments along Bonita Beach Road or to allow people to access the beach in Lev County does not motivate him at this time. Commissioner Saunders commented that he would l~ke to hear any suggestions that Co~missioner Volpe has because that ts his district. Commissioner Volpe stated that he would like to ese the ou~:~!~e of an agreement regarding the commitment that Lee County wi1? make. He advised that he would like to see the $2?§,000 for ~'~.s project put into another project, i.e. Goodlette-Frank Road to Immokalee ~oad, to benefit more of the people tn North Col//er County. Commissioner Saunders indicated that the Executive Summary directs Staff to develop a funding plan and contract with Lee County and come back to the Board of County Commissioners with the proposal for review, which ts con- sistent with what Commissioner Volpe is suggesting. He explained that a lot of roads in the County are In serious need of work and Bonita Beach Road is one of them. He pointed out that that may not be a road Page 15 December 5, 1989 of the highest priority, but it is a priority and he would like to see the funding mechanism and an agreement brought back to the Board before any final decisions are made to proceed with engineering or construction work on Bonita Beach Road. Commissioner Hasse pointed out that he sees no reason ~hy the Board cannot look into an agreement, but wants it understood that this is exploratory and not earmarking any funds for anything. Mr. Archibald advised that there is a service level problem on Bonita Beach Road, and these funds are proposed for the design phase only and will not affect any other on-going project. He stated that drafting an agruement that addresses only the desig'n phase will give everyone an opportunity and flexibility to address the construction cost at some future time and allow that long dest~ right-of-way per- mitring process to begin. In response to Commissioner Hasse, Mr. Archibald advised that ultimately the design may cost more than $1,200,000, and the Interlocal Agreement will 3et that up establishing parameters and controls regarding the funds. He emphasized that Staff is simply asking for direct/on to contact Lee County, work out a Supplemental Agreement to be brought to the Board of County Commissioners for its review. A discussion followed about committing funds for t~ is project. In response to Commissioner Volpe, Mr. Archibald re[~J, ed that the level of service on Bonita Beach Road affects not only the residents in Lee County, but also the residents of Collier County. He explained that travel time and routes are affected for commercial activities and beach access. He pointed out that the discussions can be limited to the preliminary design stage. Commissioner Volpe emphasized that this particular segment of Bonita Beach Road is for the benefit of Lee County as far as he is concerned and that is the reason that 2.2 mi/lion dollars would come from Collier County, wh~le 9 mi/lion dollars would come from Lee Page December 5, 1989 County. Mr. Archibald pointed out that neither county ham made a detailed analTeis of the criteria, and during the initial phases, no commitments for construction dollars are being made. Commissioner Volps questioned if this analysis could be dons in-house? Mr. Archibald replied that some studies have been dons in-house relative to the number of units that would be affected in Lee and Collier County. He indicated that some of the traffic data could be deter- mined by Collier County's staff and Lee County's staff. C~iasioner S~unders ~ed, seconded by Co~t~mstoner that St~ff ~with tbs develolment of a contr.&ct with Lee County ·nd bring it b~ck to the Board of County Co~iesto~srs for m policy decision as to whether or not the Board of County Contsaloners w~nts to ~wtth the ro~d. Commissioner Shanahan commented that he was under the impression at the Lee County/Collier County Joint meeting, thl Board agreed to take preliminary steps to enhance and possibly expedite the entire road project. In response to Commissioner Haaee, Comm!sstoner Saunders pointed out that $2?5,000 Is not being spent. Mr. Archibald explained ~at that ts what the proposed agreement would address. Commissioner Volpe stated that he feels sore tnfo:.aatton Is needed on the construction commitment. He emphasized that the design can be done and sit on the shelf for a number of years. He explained that he would like more Information from Staff on the commitment that Lee County would make. In response to Commissioner maunders, Commissioner Volpe advised that he is looking at the continuation of the road to the north, providing access along the beach tn Lee County, and he can- not support giving Staff direction to work out an agreement. He stated that his vote Is "No" now and will still be "No" when the agreement comes back to the Board of County Commissioners. O~ncall fo~ the question, the ~ottonpassed 3/2. (Co--~taatonerm Volpes~4~as~e oppose4}. ~OLD ~$ A~ FO~ NAPLES TOMATO (TROW~RS FOR T'I~ZR DONATION Cliff Crawford, Parks & Recreation Director, advised that the Snowfest '89 will be held at the Golden Gate Community Park Saturday, December 9, 1989 from 10:00 A.M. to 2:00 P.M. He reported that this will be a fun-filled event and the County was fortunate to receive a national reco~rttton award. He noted that several thousand people are expected and a good time will be had by all. He encouraged everyone to attend. He explained that the Parks & Recreation Staff went to the business community looking for involvement in the Snowfeat, and the Naples Tomato Growers, Inc. agreed to donate $~,5¢J0 to the County to help sponsor this event. He noted that in return all marketing done for this event recognizes Naples Tomato Growers as co-sponsors and the funds will be used for purchasing additional snow and enhancement of the program. In response to Commissioner Shanahan, Co~:nty Attorney Cuyler advised that he had reviewed the agreement and no liability exists because the funds are being donated to the County and the only involvement of the Naples Tomato Growers is a contribution. Ccm~tmsioner Rases ~oved, seconded by Commissioner ~henahan and carried ~n~nt~ou~l¥, that the hold harmless a~ree~er¢ for Naples ToIIt~ erm~r~ for their donation of 82,500 for Sn~t 'S9 b~ 1989 &UTI~O~IZATIO~ TO OBTAIN APPRAISALS FOR THE PURPOSE OF NEGOTIA?ING THE ~ OF C~TAIN LANDS ON ~RCO ISLAITD TO PROVIDE BEACH ACCESS ~ PUBLIC P~ISG - FIAJT TO KXAMXNK ALL 4 PARCELS FOR PKDESTRIAE'ACCK$$ Harry Huber, Technical Services Supervisor, advised that the objective of this item is to obtain authorization for Staff to enter into appraisal contracts for the purchase of lands on Marco Island for beach access and public parking. He explained that on November 4, 1986 a referendu~ was approved by the voters creating the Marco Island Beach Renourishment and Public Access MSTU. He indicated that the purpose of the MSTU was to provide adequate public access to the beaches of Marco Island. He pointed out that the straw ballot of March 8, 1989 is inaccurate; the results of that ballot were 80~ against beach access and public parking facilities as part of the beach nourishm~nt project. He explained that an o:~portunity has become available for acquiring land sufficie~,t to provide additional public parking facilities required. He reported tha'c 4 locations have been selected as the most appropriate for providing access. parking requirements. He pointed out on the dtsplaye~ map, Sites 1, 2 and 3. He reported that appraisals for acquisltio~ c~ 10 foot wide beach access will have to be obtained from crescent Beach, The Admiralty House and Seawtnds Apartments of Marco Island condominiums. He pointed out the 4th site on the displayed map, between the Surf Club and Chalet Condominium; property put on the market by the Deltona Corporation. He indicated that this property was Intended for Surf Club Phase II and is 3.38 acres and would accommodate 200 ~arking spa- ces. Mr. Huber stated that the cost of acquiring the properties is estimated at approximately $4,300,000. He noted ~hat the major por- tion of that cost is for the Deltona property, ~.8 million dollars. He advised that the estimated cost of obtaining appraisals for the 4 sites is $20,000, and Staff recommends that the Board grant authoriza- tion to obtain appraisals for the 4 sites and return to the Board with Page 19 December 5, 1989 appraisal contracts for approval. In response to Commissioner Haase, Mr. Huber explained that a straw ballot included the referendum on the bond issue on March 8, 1989 and the official count was 80~ against. He reported that the straw ballot question was "Should public parking facilities be included in the Marco Island Beach Renourishment project?". Mr. Huber advised that the primary reason the question was put on the ballot was that there was a question as to the definition of public access and whether that included parking. Commissioner Hesse merited that an overwhelming majority did not want this. Mr. Huber replied that h~ wanted to present it to the Board to make them aware that there is a piece of land available for public parking, whether it is associated with the Marco Island Beach Renouri~,hment project or whether the County wants to acquire one of the last: pieces of beachfront property available on Marco Island. Ht~ indicated that it is one of the most appropriate sites to acquire beach access if the parking is not considered. In response to Commissioner Volpe, Mr. H'aber replied t~.~t the newly adopted Coastal Construction Control L~ne runs t'.~ough the Deltona parcel. He stated that he has correspond~n,.~ from Deltona advising that a previous agreement with DNR allows construction of approved units up to the old construction control line. Commissioner Volpe co~uaented that he has reservations about spending $20,000 for an appraisal on a piece of property for which the County may not be able to get the proper permitting. Mr. Huber explained that there is potential for 92 parking spaces landward of the new construction control line and the $20,000 is not for this parcel alone. Commissioner Volpe and Commissioner Saunders commented that the County will be paying a lot of money for 92 parking places, i.e. $30,000 a space. Commissioner Shanahan pointed out that the Deltona piece of pro- perry has been appraised and is consistent with what beachfront pro- Page 20 December 6, 1989 party sells for. He questioned spending $4,500 to appraise that piece of property. He explained that the other 3 sites, access at Southwinds, Adairalty and Crescent Beach do require appraisals. The following people spoke against the appraisal and purchase: Frank Blanchard Monte Lazarus Joe Christy Ira Evans Bernard Layne Richard Jones George Keller Their reasons were: election on March 8, 198~ overwhelmingly voted down the beach parking question, no lite?at,Are regarding the November, 1986 election contained any reference Cc. parking, prohibi- tive cost of beachfront property to provide parking, Deltona property has not been sold because of width and setback zoning requirements, safety and traffflc factor due to S.R. 951 betn~ over-crowded, addi- tional burden to current infrastructure, access potn~ along entire beach should be studied to provide proper spacing between beach accesses, Deltona property must be consistent with 1982 7o.;,m;lg regula- tions with no variances or rezoning, some access wil~ '~enefit certain condominiums, Inappropriate to spend taxpayers' mo:.~ to benefit of all of South Florida, will cause more congestion and traffic on Collier Boulevard. The following people spoke in favor of providing parking and/or beach access: Charlotte Hestman George Keller Arthur Cooper The reasons were: not enough beach access available, straw vote question caused confusion, lack of parking available, at present tim~ beachfront condominiums benefit from lack of access. Mr. Frank Blanchard provided a copy of Supervisor of Elections Nar~ Horgan's printout from the straw vote ballot (Copy on file with Clerk to the Board). In response to Commissioner Saunders, Mr. Huber advised that the Page 21 December 5, 1989 straw ballot question was "Do you want public parking facilities to be included as part of the Marco Island Beach Renourishment project of the Marco Island Beach Renourishment and Public Access Municipal Service Taxing Unit? Mr. Joe Christy questioned Mr. Huber how much money of the MSTUts has been com~ltted or spent or contractually submitted to be spent? Mr. Huber replied that no monies from the beachfront MSTU have been mpent, and the obligations of those monies ars restricted to the construction. Mr. Huber stated that the total expenditures and encumbrances to date are $826,032. A discussion followed about the monies and how they are spent. Commissioner Saunders commented that it takes a certain amount of time to get engineeri~g work and obtain environmental permits and the County ts moving alon~ as best it can. Commissioner Shanahan explained that of the $~¢0,000; $540,000 went to design the beach renourtshment and the rematndar went to the Tax Collector, Property Appraiser, etc. Commissioner Saunders ~uggested taking Site No. · first. In response to Commissioner Hasse, Commissioner Saunders re, fled that the County does not have 3 or · million dollars to purcbe=, the property and Commissioner Shanahan noted that the money wou!u nave to come from the taxing unit and/or a portion from State funding. Cotu%ty Attorney Cuyler advised that the State does not preclude the County from collecting parking fees on property it has donated money for. He explained that the State does put a provision in Its contract saying that you cannot discriminate on the basis of location and charge one amount for County residents and another amount for out-of-County residents. Commissioner Shanahan stated that Parcel 4 is of little value to the County and it is clearly evident from the vote on the straw ballot and the input today, obtaining that property would be a struggle and expenditure of time, effort and money of little value. He advised Page 22 uecemDer ~, 1989 that because this ts the last parce! avatltble for beach parking, beach parking disappears. It was the consensus of the Board that the Board ts not enthused about moving forward on parcel 4. Commissioner Saundera suggested that the Board examine the other 3 beach accesses for pedestrian use. Commissioner Shanahan stated that Mr. Jones Indicated the Crescent Beach Condominium is not Interested in beach access, but $outhwinds and The Admiralty House are. Ne suggested that the Board look at appraising Site ! and Site 2, the south part. ¢~m/ul~n~T Sh*nahan ~ that Sits 1 and a ~outhern portion of Site 2 cm~t~ngwtth the Southwinds be appraise, Conissioner Volpe questioned doing appratsais of the property In- house. Mr. Huber indicated that the Heal Property Oepartment could do a market analysis, Indicating the value of the property. OommIssioner Ihanahan concurred. Commissioner Vol~ commented that Mr. Huber will be able to come back and give .~ome Indication of the value. f~ ~ls for t~ ~oe of Prodding 8~ ~mt~ accems, ~tu ~ ~ of t~ cost ~ t~ ~d c~ ~lect 1 oF 2 fo= ~~. C~mtuto~er Sh~lma t~snd~d hts motion to reflect Commtsmton~r S~* ~t~, ~~ ~ Cmtsmtoner Hesse. ~ ~11 for tb ~utton, t~ ~ttm c~rl~ 5/0. e.e ~Cl~k ~ff~ r~l~ ~W Clerk ~aft at this tim oe~ Utilities Engineering Director Temby stated that the legal docu- ments for this pro~ect were received last Thursday, and forwarded to December 5, 1989 the County Attorney's office for review on Friday morning. He explained that the document requires a few corrections, and he has no problem with approval of the agreement, providing the following con- ditions are met: 1. Receipt of Department of Environmental RegUlation approval letters. 2. Completion of Bacterial Testing. 3. ~etter from Fire District accepting the fire hydrants for ~aintenance. 4. Review and final approval of documents to %e made by County Attorney's office. Mr. Paul Vachon, North Collier Hospital Admlntstrator, stated that he intends to comply with all requirements. O~IItS~to~erVolpe ~, secon~e~ by Co~Iteatoner Sh~nahan ~ied~i~iIonsly, to mpprov~ the Utilities Acceptance A~Teeient for the ~ Oollte~.. lospttml, subject to the mtlpul~tion~ u stati~ IbOV~. Page 24 ,00O54 December 5, 1989 ltmJ%D1 RESOT~OM aS-383/cl~J-as-14, &PPROVZRG THE WORTH COUNTY SENHR MASTER PL&R.m &S PREPARED BT HOLEm MONTES &ND ASSOCZATE$~ IRC. - &DOPTED Assistant Utilities Administrator Bloetscher advised that the County currently has in place a Water Master Plan which covers all of the service area, and a South County Sewer Master Plan which covers the southern half of the County. He reported that the subject Plan is the final document in that series and will cover the West Sewer Service Area. He requested that the Commission approve the Study, and direct Staff to go back and look at impact fee ordinances. Mr. Tom Taylor, of Hole, Montes & Associates, Inc., explained that the objective of the Plan is to provide a pl~antng tool for the County*s use in developing environmentally sound, co~t effective waste water systems, and to protect the areas ground waters and surface waters. He reported that several years ago, Collier County made a commitment to develop regional water and wastewater systems. He noted that the project which is currently underway in the south ~art of the County will phase out a substantial number of pac~eg= :reat- ment plants and a large area of septic t~nks. Mr. Taylor stated that in 1986, Collier County zdupted a 20! Facilities Plan, which is the equivalent of a Master Plan, but under the guidelines of a federal funding mechanism. He indicated that that Plan was developed and utilized in order to acquire the federal grant monies that were received by Collier County for the south end of the County, and recognizing that the grant funds were qutckiy drying up. He advised that since the development of the 201 Plan, two siguiftcant changes have occurred: In the Central Service Area, the County dedi- cated service to the area west of Airport Road to the City of Naples (Naples Bath and Tennis, Poinciana Village, Pine Woods, and Bears Paw); and since that time, the County expressed a desire to provide service to Pelican Bay. He indicated that Pelican Bay was left out of the initial 20! Fac/l/ties Plan. Re informed that based upon the changes, Staff requested that the issue be revisited to determine Page 25 December 5, 1989 whether it would be more appropriate to combine the north area and the central area Into a single regional system, and noted that this was done. Hr. Taylor stated that Collier County ts a rapidly developing area, and the population growth is expected to continue over the next 20 years. He called attention to the exhibits as provided in his han- dout, and advised that efforts in developing the Plan were to look through the year 2010 for the Treatment Facilities and other miscella- neous portions of the Regional Waste Water System, and to look at the aspects of pip~ sizing to ultimate build-out of cbs area for appropriate pipe line and pump system designs. Mr. Taylor explained that the second Exhibit V-2 outlines the area that Collier County Is currently serving in the no~:th area. He stated that this ts the oldest part of the system, 8~d ha~ be~n tn existence for quite some time, and it ts serving approximately 1/3 of the geographic study area. Mr. Taylor referred to Exhibit XII-1, advising that ee:t of the solid circles are proposed master pump stations, and t~= yellow circles are extsttn.~ pumping facilities. He noted +~:~t the color scheme ts the development of a phasing program that was developed by Hole, Nontes with the help of County Staff ~htch was believed to be the priority areas for expanding service beyoad the existing limits. He Indicated that the key areas for construction during Phase I are the Immokalee Road corridor to 1-75, and do~n the Airport Road/ Pine Ridge Road Corridor, with the time frame of 1989-93. He reported that the time frame for Phase 2 is 1994-98, and the Phase 3 time frame ts 1999-2003. Mr. Taylor explained that 3 or 4 years ago there was a problem with effluent disposal, but the County proceeded to develop an effluent spray Irrigation program for golf courses. He stated that there are 12-14 courses proposed for the North County area, and they will be sufficient effluent disposal sites. He noted that additional Page 26 December 5, 1989 opportunities provided are median Irrigation, and public parks Irriga- tion. Mr. Taylor remarked that another Issue that was reviewed was the handling, processing and disposal of sludge. He revealed that the County could dispose of sludge at the landfill, and no,ed that currently, the sludge Is being processed at the Treatment Plant. He Indicated that ~ver a long term, sludge generated tn the County will become a very significant item, and It is hie belief that more of a long-range program will have to be developed. He advised that new Federal Regulations will put more stringent restrictions on sludge disposal. He stated that he believes that the pro,ram that should be developed ts a process to remove pathogens which cu~ be accomplished by composttng with a bulking agent, or the addition of kiln dust and lime which has the opportunity to provide Collier Counzy with a pro- duct used by the agricultural Industry. Commissioner Volpe questioned the proposed capacity of the Master Plan? Mr. Taylor replied that the projections at this ttm~ a-~ for the areas to develop within the next 20 years to approximately 11.4 MGD, but his firm Is recommending up to 12.5 MGD. Commissioner Shanahan stated that he is constantly criticized for what people perceive as golf courses using potable water. He stated that he is aware of the future golf courses that are being planned in Collier County, and asked which golf courses do use effluent, and those that desire its use but are using potable water? Mr. Taylor replied that he will provide Commissioner Shanahan with a written report on what ts being serviced where. He advised that the two Imperial golf courses in the north end of the County are being ser- viced with effluent, Pelican Bay is serving itself with a blend of effluent and raw water from Its wellfield, and they are also irriga- ting their residential properties and landscaped areas with that blend, and Royal Palm and Foxfire are being served with effluent. He further noted that he t$ unaware of any golf courses that are using Page 27 Decenber 5, 1989 potable water. He stated that they are pulling water fron their lakes or fros wells that they have installed. C~ts~i~e~e~~ ~ov~d, ~ by Commissioner ~oodnt~ht ~ ~lg ~1~, to a~t t~ North C~ ~r ~ter Pl~ ~ Pa~e 28 December 5, 1989 RL~OLUT~O~ 8&-314, CREATinG THE ~O~ ~A~ ~O~CT~ON ~C~ ~S~ ~~; ~ ~I~ING JAC~ L. ~, S~ ~, JON C. ~~, ~ S~ON, ~ O~ VAC~ ~SITION TO BE FI~ED ~ ~ Environmental Services Administrator Lorenz stated ~hat Messrs. Abney, Means, Statger, and Simpson served on the previous Ad-Hoc Co~ttee, and Staff ~s recommend~n~ that they be appointed to eerve on the Gro~d Wa~er Protection Technical Advisory Co~ittee. ~e noted tha~ the one vac~ posl~on on the committee will be advertised. ~t~ ~ly, to ~t boluti~ 8~384 crestt~ tb G~ ~, Stm ~, J~ C. Stltpr, ~1~ St~, i~ ;~tt~ for ~ ~ ~t pirie. December 5~ 1989 ~TIFF TO ~ WI:TI[ TH~ PR~ AND WOI~ EL~ CO~AI~ ZN ~ Environmental Services Administrator Lorenz stated that th~s Plan has ~en developed as a result of the Master Planning throughout the su~er. He ~nformed that ~n Au~st, 1989, the Co~ss~on approved the Master PI~; ~n October, 1989, Camp, Dresser and McKee provided Staff w~th an implementation schedule of the more s~ficant components of the Master Plan. He explained /hat Staff ~ook ~he ~mplementa~1on schedule and ~he Master Plan and developed a Work Plan to address the present ~iscal y~ar and subse~ent years. He ~nd~cated that the ~ntent of ~he Work Plan is to market opportunit~u~ with ~he least capital ~nvestment, provide the grea~es~ flexibility, and take ~l~m adv~tage of the private sector Involvement ~n developing the Solid Waste M~agement etrate~. Mr. Lorenz called attention to Page 3 of the Work Plan, and noted that ~ 1994, 30~ of the County's wastestream is to be recycled. Mrs. Charlotte Westman, representing the Lea~e o~ Womef, V~ters of Collier Cowry, referred to the Recycling Goals as l~t,~ on Page 3 of the Plan, ~d indicated that ~n order to reach the ~%~ls yea~y, a very g~d data base should be collected as to what the volumes of these materials amount Mr. Lorenz e~lalned that an evaluation of technologies wl~l take place as the County goes through the shredding system, and the com- posting, since ~t Is unkno~ as to how those components will effect Collier Co~ty~s wastestream. He noted that constant evaluations be conducted as to how each of the goals are being met. Mr. Lorenz reported that Staff will be coming back to the Co~sston within the next month for a public hearing on a mandatory collection ordinance, and ~f adopted, will es~ablish the ~del~nes for spec~flca~ions for bids of the collection contracts. He e~lained that ~f ~dato~ collection is approved, there needs ~o ~ an appropriate billing system. He ~ndlcated that the preferred b~/l~ng Page 30 December 5, 1989 system, as reco~ended by Staff, is one which would be ~ncluded on the Property Tax Notices, but the time frame would be one year, rather than the 6 month time frame that t8 being considered tn the Work Element. Commissioner Volpe questioned whether the consultants have come back with an RFP for the 8o1~d waste collection contract? County Manager ~rr~ll replied affirmatively, and advised tha~ a draft ~8 available. ~ ~ ~ e]etm ~tai~ in t~ Solid ~ute ~t ~ ~ A~~ ~ SOLICIT ~~ ~R A ~20,000,000 LI~ OF Assistant County Manager McLemore stated that the Finance Committee is recommending a proposal to develop an inter'~ zJnancing measure to cut administrative costs when it is necess'...y to borrow funds on a short-ti~e basis. He indicated that th~r~ are two ways to approach this issue: the Finance Committee review and prioritize the proposals, and bring back to the Commission for approval, and then the Finance Committee will negotiate with the proposed lender; or, if preferred, a list of the proposed lenders can be submitted to the Commission, for authorization for the committee to negotiate. Commissioner Volpe questioned how the line of credit would be secured? Finance Director Yonkosky advised that the line of credit would be secured on an individual basis, with the particular revenues from the project that the Commission ts looking to finance, I.e.: a special assessment project for which permanent bonds or permanent financing Is to be taken out, those special assessments will be pledged. Mr. Yonkosk~ stated that In the beginning, bond counsel and the Page 31 December 5, 1989 County Attorney will have to provide soma sort of assurance about this type of arrangement. He explained that Just recently, Hillsborough County and Hanatee County have established a line of credit under this type of arrangement. He noted that a financial Institution will be asked to commit to lend the County up to $20 million In a blanket, or umbrella type of arrangement, and each time the Commission authorizes a draw down, Staff will come to the Board with one resolution, and a letter from the County Attorney advtatng of the fixed fee or variable rata for that particular issue. In answer to Co,missioner Volpe, Hr. Yonkoaky explained that In the past, this has been a very time consuming process; Staff has appeared before the Commission and requested autho:.izatton to solicit proposals; the banks are then polled for their Interest rates; the payment of the financial institution's counsel is included; and it takes two or three presentations to the Commission to obtain even a small loan. He Indicated that under the proposed concept, Staff will appear before the Commission only once. Mr. Yonkosky advised that every Individual draw o~ :he line of credit will have to be approved by the Commission, In the form of a resolution. He noted that even though the $20 million appears to be a high figure, the Pine Ridge Industrial Park and the Pine Ridge Roadway projects are anticipated to be special assessment projects which will take approximately 814 million of this total line, and could be tied up from 1-1/2 - 3 years. Commissioner Saunders Indicated that it appears from the Staff recommendation that a certain amount of flexibility is to be developed at the Staff level for various projects that will be coming up, but they are not getting a blank check for $20 million, and noted that anything that will be spent, will first come to the Commission for approval. ~i~ Sh~nahan ~d, secom~d by Co~iealon~r aoo~ni~t, t~t S~f ~ ~/~-tg to solicit propos&lm for the $20 million of c~m~tt; FJJ~'~ C~itt# ~nd P~L~ch~miag Director to revi~, ~ ~~m ~ ~ing ~ck to th~ O~Imml~ for ~~1. Nr. George Keller, President, Co,lief County C~vtc Federation, mtated that the pro~sed arrangement is I~ke Staff having a credit card in their ~ckets. He indicated that the present process ~ay be a s]~r process, ~t ~t g~vea eye,one a ~tt]e more t~me to th~n~ ab~t h~ ~ch ~s ~tng spent~ and what ~t ~t~l cost the County. He ~est~oned ~hether the proposed arrangement w~ affect the ability to float bonds? · tn~ce Director Yo~os~ advised that ~f t~e Co~ss~on approves percent ~ndlng as a method of f~nanc~ng a pro~ec~, th~s arrangement ts merely a method of getting mone~ into the t~l. ~ ~ ~~ ~/or a~t~.***** ~ ~ - ~ ~ ~~ S~OR C~T~5~ Legal notice having been published in the Naples Daily News on October 20, ~989, as evidenced by Affidavit of ~blication filed with the Clerk, bids were received until 2:30 P.M. on November 8, 1989, to consider Bid ~89-~479, Mobile Track Filing System. lt~ ~1~ the roadway, drainage, water ~d sewer improvements tn "Berkshire L~es Unit 1' ~d release the maintenance l. Authorize the Chairman to execute the resolution authorizing f~nal acceptance. Page 33 2. Authorize the release of the maintenance security. P.ge. ' / Item ~'24A4 R~OIArfl~ 8~0~, ~ AC~~ O~ B~~ ~S ~T 2 - That the Board o~ County Co~lssLoner8 grant f~nal acceptance of ~he roadway, d~'ainage, water and sewer Improvements in "Berkshire Lakes Unit 2" an] release ~he maintenance security. 1. AvthorLze the Chalrm~ ~o execute the a~ached resolution authorizing final acceptance. 2. ~uthorlze the re~ease o~ ~he maintenance / ~ ~ ~ ~ ~ ~ ~T OF B~;~ ~ ~T ~ - That the Board of Cowry Co~lssLoners grrant prelLmina~ accep- ~ce of ~he roadway, drainage, ~ater and sever Improvements "Berkshire L~es Unit 3" ~ith ~he fol~owing stipulations: 1. Accep~ the irrevocable Le~er of Credl~ as ,ecurf~y for main- ~enance o~ the Infrastructure until the Board r,~ Cou~;~y Co~ssloner8 grants ~lnal acceptance of all .,,prove~ents. 2. Authorize ~he ChaLrman ~o execute ~he NaLn~-~nance Agreement for PrelLm~nary Acceptance and ResolutLon authorizing preliminary acceptance. 3. PrelLmLna~ acceptance o~ ~mproveme~8 wll~ no~ become effec- tive ~tL1 ~ater and sewer facilities have been conveyed to Collier County ~ater-Sewer DLstr~ct. 4. Authorize the c~erk ~o release Le~er o~ Credi~ No. A-YT~i/SB xhich ~as posted to alloy recording of the plat. l~80[~f~Q~ B9"'311, FREL~AHYACC~PTJ~'~ OF T~E ROADN, AY, DltAl~.tG~, That the Board of County Conissioners grant preliminary accep- tance of the roadway, drainage, water and sewer improvements ~n 'Berkshire Lakes Unit 4' with the following stipulations: 2. Accept the irrevocable Letter of Credit as security for tenance of the infrastructure until the Board of County Cosualssioners grants final acceptance of all improvements. Page 34 December 5, 1989 2o Authorize the Chairman to execute the Waintenance Agreement for Prelim~nary Acceptance and Resolution authorizing preliminary acceptance. Prelt~inary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. Authorize the clerk to release Letter of Credit No. A-???2/SB which was posted to allow recording of the plat. Zte~ #~4AT ~2~ CHAi~IAN OF TH~ BOARD OF COUNTY COMMZ$$ZONERS TO EX, COTE THH qq2~T ~&~1~ ]~2~PR~ FOR THE SI~IZ, L CZTZE$ COMHUIT£TY DEVELOFI~NT See Pages Xt~ ~:X ~A~ RISOLUTXOJl 89--389, PRKLXMZNARY ACCKIPFANCK OF THE XOAD~AY, DRAZNAGle, WATER &lid SlWER XMPROV'S]s~N'I~ FOR THE FXNAL PLATS 0Ir ROYAL MOOD GOLF ~ ~ CLUBf UNIT~ 'lr 2 JUED 3 - ~]~YECT T~J 5T~FUr, AT,O~I~ That the Board of County Commissioners grant prel/mtnary accep- tance of the roadway, drainage, water and sewer improvements in "Royal Wood Golf and Country Club Units 1, 2, and 3" with the following Accept the irrevocable Letters of Credit as r, curtt¥' for maintenance of the infrastructure until ~he ~oard of County Commissioners grants final acceptance of &~ improvuments. Authorize the Chairman to execute the Resolution authorizing preltminar~ acceptance. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. Authorize the clerk to release irrevocable Letter of Credit No. 2250 Barnett Bank in the amount of $102,500.00. sss pages ~'~-~./ Xtffm ~14B1 - NO~Ef4 tO Ztm 9B2 EISOLtFTZON 00--300 WAXVXNG COLLXKR COUNTY ORDINANC~ 76-38 SECTION TERKK FOR & G~qJJrTT-WZDE SPECIAL KVKNT TO BK HELD DECKI~SKR 9, 1989, AT THE TALL OAKS OF JIAPLKS MATXR, LIFT STATION ABD FORCE MAIN - Page 35 December 5, 1989 That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida, accept the water and sewer facilities for Tall Oaks of Naples, subject to the following stipulations: 1. The bacterlologica! testing of the water system has been approved. 2. The developer furnishes the required maintenance bond. Recorded tn 0... Book, Pages IM~'~FT~OT~T~HAND S~leER FACILITIES OF BERKBR'/RE LAEN~, UNIT 3 - That the Board of County Commissioners, Ex--Of[Ici. the Governing Board of the Collier County Water-Sewer District, ~ccept the water and sewer facilities for Berkshire Lakes, Unit 3, ann ~uthortze the Chairman to execute the Sewer Lease provided, with the fo/lowing stipulations: The Florida Department of Environmental Regulation furnishes a letter authorizing to place the sewer system Into service and approving the water distribution system for The Fire Flow Requirements of the project have seen satisfied. 3. Bacteriological testing has met the County.u requtruments. Recorded tn O.R. Book /f/// , Page, Xtra ~34D~ AND SKMKR FACILITIES OF B~I~HIRE LAKE~, UNIT 4 - That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Berkshire Lakes, Unit 4, and authorize the Chairman to execute the Sewer Lease provided, with the fo/lowing stipulations: The Florida Department of Environmental Regulation furnishes a letter authorizing to place the sewer system into service and approving the water distribution system for service. The Fire Flow Requirements of the project have been satisfied. Bacteriological testing has met the County's requirements. Recorded in O.R. Book ~, Pages Page 36 December 5, X989 Item #14EX EIGHT MONTH L~_ASE AGREEMENT BETWEEN OVERSEAS DKVELOPMENT CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS FOR OFFICE SPACE, UNITS C-109-110, AT COUNT PLAZA, NAPLES, FOR COLLIER COUNTY IMPROVED PREGNANCY OUTCOME AND PATERNAL HEALTH PROGRAM AT $742.65 A MO~T~ EIGHT MONTH LEASE AGREEMENT BETWEEN OVERSEAS DEVELOPMENT CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS FOR OFFICE SPACE, UNITS B105-106, AT COUNT PLAZA, NAPLES, FOR COLLIER COUNTY HEALTH RISK REDUCTION {HEALTHSTYLKS) PROGRAM AT $732.29 A MONTH See Pages Item #14R1 - Moved to 9H2 Item#1411 CERTIFICATES OF CORRECTION TO THE TAX ROLL AS PRE=!_~TED BY PROPERTY .APPRAISER'S OFFICE Nos. 62-64 Nos. 67-78 Nos. 1989-69-1989-78 Item #1412 11/14-20/89 11/16-21/89 1]/17-28/89 ~ GAIN TIME FOR INMATE NOS. 59620f 39483r AND 497f.9' Item ,1413 ~ATISFACTION OF LIEN~ FOR S.ERVICKS OF THE PUBLIC DEFE~_ER Item ~14I HISCELLAaaOgS CO~!$~ONDE~CE - FINED A~D/0R RNF~RRED The fo/lowing miscellaneous correspondence was fi/ed and/or referred to the various departments as indicated below: 1. Copy of letter dated 11/17/89 to Mr. Stuart Bradow, Director Natural Resource Management Division, re: Sabal Palm Road Extension, South Florida Water Management, Permit #890830, from Mr. Toivo Tammerk, President. The Conservancy. Referred to Netl Dorrtll, George Archibald and filed. 2. Letter dated 11/07/89 to Local Elected Official and Interested Persons from Thomas G. Pelham, Secretary, DCA, announcing adoption of amendments to Rule Chapter 93-5. Florida Administrative Code. Referred to Nei! Dorrlll, Frank Brutt and filed. 3o Grant Adjustment Notice dated 11/27/89 from Gordon L. Guthrte, Director, Division of Emergency Management, re Enforcement/Apprehension, Grant Number: 89-CJ-75-09-21-01-033. Referred to Budget and fi/ed. Page 37 December 5, 1989 4e 10. 11. 12. 13. 14. Lettez dated 11/21/89 from Jena Swindle, Environmental Specialist, Wetland Resource Re~ulation, DER, enclosing short form application which ia being processed in TLH, Clyde Quinb? Realty, File No. 11-172205-9, involving Dredge and Fill Activities. Referred to Nell Dorrlll, Bill Lorenz, Frank Brutt and filed. Notice from DER of Proposed Rulemaking dated 11/09/89 docket No. 89-36R, Petroleum Contamination Site Cleanup Criteria. Referred to Nail Dorrill, William Lorenz, Frank Brutt and filed. Notice from DER of Proposed Rulemaking dated 11/17/89 docket No. 89-83R, Rule No. 17-735, Hazardous Waste Collection Center Grant Program. Referred to Nail Dorrill, Frank Brutt, Bill Lorenz and filed. Notice dated 11/21/89 of Public Meeting for December 1, 1989 for the Conservation and Recreation Land~ (CARL) project pro- posal. Referred to Nail Dorrill, William Lorenz and filed. Letter dated 11/27/89 to Commissioner Richard S. Shanahan from District 8, Administration, DNR, R~: Petition No. PU-89-15, for Authorization to Construct a GTE Mobilnet Communication Tower in the vicinity of 1-75 and SR-29, Section 7, TSOS, RSOE. Referred to Nail Durwill, Bill Lorenz and filed. Letter dated 11/15/89 to Chairman Buzt Saunders from Kirby B. Green, III, Director, Division of Beaches and Shores, DNR, Re: operation of the inlets and passes of Florida. Referred to Nell Dorrtll, Bill Lorenz and filed. Letter dated 10/05/89 from Roland J. Mross, U.S. ~epartment of Transportation re: annual audits enclosing lummar~ audits guide. Referred to Nail Dorrill, George Arcbl,~ald and fi/ed. Memorandum Fo. 89-179 dated 9/28/89 to Board of Coun=y Commissioners and Personnel Officers from Lewis M. Dennard, Acting Director, Florida Department of Administration, re: Purchase of Service Credit for County Commissioners. Referred to Board of County Commissioners, Leo O%hs and filed. Copy of letter dated 11/14/89 to The Honorable Bert J. Harris, Jr., Florida Representative from Lionel E. Beatt¥, County Administrator, Hendr~ County, re: EMS/FIre Services, HCI Project to be put on hold till further notice. Referred to Commissioner Goodnight, Nail Dorrill and filed. Certificate of Insurance dated 11/20/89 to Collier County Board of County Commissioners, producer: Carlisle, Fields and Company, Insured; Western Gateway Volunteer, Attn: Ambulance Service, Inc. Referred to Risk Management and filed. Letter dated 11/13/89 from Michael R. N. McDonnell, re: Tactmark, Ltd. vs. Terence L. Fitzgerald, et al Case Number: 88-2173-Ca-O1-HDH. Referred to Ken Cuyler and f~led. 15. Minutes received and filed: 1~/21/89 Agenda, 10/17/89 Minutes, Immokalee Lighting and Beautification Committee. 11/16/89 and 11/~0/89 Agenda, 11/02/89 Minutes, Collier County Fire Consolidation Study Group. Page 38 16. 17. 18. 19. 20. 21. 22. December 5, 1989 11/01/89 Marco Island Beachfront Renourlshment Advisory Committee. Notice to Owner dated 11/21/89 from Ajax Paving Industries, Inc. under an order given by Mllmtr Construction, advtstng that they have furnished or are furnishing services or materials as follows: Asphalt Materials, Equipment, Trucking and Labor for the Improvement of real property on the North Regional Wastewater Job #2488, Immokalee Road. Referred to Nell Dorrill, Skip Camp and filed. Notice to Owmer dated 11/14/89 from George Mathers, SnyderGeneral Corporation, under an order given by A. and D. Air Conditioning informing that they have furnished Air Conditioning Equipment, Materials and Services for Collier County Building, C-2. Referred to Neil Dovrill, Ken Cuyler, Skip Camp and filed. Copy of letter dated 11/17/89 to Mr. Jerry, L. Vaughn, Inspector General, Department of Corrections from Robert N. Burhans, Undersheriff, Collier County She~iff's Office re: Second annual inspection of the Collier Courity Jail in Naples conducted by Inspector Virgil Choate on 9/27/~9. Referred to Commissioner Saunders and filed. Letter dated 11/20/89 from David Y. Burr, Planning Director, SWFRPC, re: "Halstatt" DRI Application for Development Approval, DRI #4-8889-88, and that iWFRPC had officially adopted the enclosed Assessment for the "Halstatt" Development of Regional Impact. Filed. Case No. 89-1841DRI 89-6, dated 11/13/89, Departmez,e of Community Affairs, Petitioner, vs. Collier Coun'i Doard of County Commissioners, Respondent. Advising of ~istake which was improperly consolidated with cases No. 6t-6212. Referred to Neil Dorrtll, Ken Cuyler, Frank Brutt so~ filed. Case No. 89-1841DRI 89-6, dated 11/13/89, Dcpartment of Community Affairs, Petitioner, va. Collier County Board of County Commissioners, respondent. Re: Second Amended Notice of Hearing. Referred to Nell Dorrtll, Ken Cuyler, Frank Brutt and filed. Case No. 88-2173-CA-O1-HDH, Tactmark, Ltd., Plaintiff, vs. Terence L. Fitzgerald, Et. Al, Defendant, Motion for Continuance of Trtal. Referred to Nell Dorrill, Ken Cuyler and filed. Page 39 December 5, :1989 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 1:30 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL '~ BURT L:'~:UNDERS, CHAIRMAN Page 40