BCC Minutes 11/21/1989 R Naples, Florida, November 21, 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 as the Governing board(s) of such special districts as
have been created according to ]aw and having conducted business
herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Burr L. Saunders
VICE-CHAIRMAN: Max A. Hasse, Jr.
Richard $. Shanahan
Michael J. Volpe
Anne Goodnight
ALSO PRESENT: James C. Giles, Clerk; Annaliese Kraft and Ellie
Hoffman, Deputy Clerks; Neil Dorrill, County Manager; Tom Olliff,
Assistant to the County Manager; Ken Cuyler, County Attorney; MarJorie
Student, Assistant County Attorney; David Weigel, Assistant County
Attorney; George Archibald, Transportation Services Administrator;
Kenneth O'Donnell, Public Services Administrator; Frank Brutt,
Community Development Administrator; Mike Arnold, Utilities
Administrator; William Lorenz, Environmental Services Administrator;
Bob Blanchard, Comprehensive Planning Manager; James Reardon,
Emergency Services Administrator; Leo Ochs, Administrative Services
Administrator; Bob Fahey, Solid Waste Director; Russell Shreeve, HUI
Director; Sue Ftlson, Administrative Assistant to the Board; and
Deputy Byron Tomltnson, Sheriff's Office.
Page
November 21, 1989
Tape #1
Item #3A
AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES
Commissioner Shanahan moved, seconded by Commissioner Hasse and
carried unanimously, that the Agenda and Consent Agenda be approved
with the following changes:
1. Item 5D - Add - Presentation regarding the Special Olympics -
Jill Ciccarelli.
2. Item 14D2 - Deleted - Royal Wood Golf and Country Club, Unit
Three, water and sewer facilities acceptance.
3. Item 14D3 - Deleted - Cranbrook Colony Condominiums at Royal
Wood Golf and Country Club, Unit Three, water and sewer faci-
lities acceptance.
4. Item 9A3 - Moved from Consent Agenda - Item 14A! -
Recommendation to accept the security for excavation Permit
No. 59.271 "San Marco Park" located in Section 18, Township
51 South, Range 27 East.
5. Item 9H1 - Add - Water and sewer conveyance procedures in
those areas previously handled by the City of Naples.
6. Item 14G1 - Withdrawn - Recommendation that the Board of
County Commissioners extend an agreement with Sea Con
Industries, Inc. for a period of 90 days and increases the
total material amount by 12,000 tons.
Item #4
MINIITES OF OCTOBER 1Of 1989 A~D OCTOBER Z?f 1989 - APPROVED
Commissioner Sh~nahan ,oved, seconded by Commissioner Goodnight
and carried unanimously, that the minutes of October 10, 1989 and
October 17, 1989, be approved as presented.
Item
EMPLOYEE SERVICE AWARDS - PRESENTED
Commissioner Saunders presented Service Awards to:
Harry Pilarski, Animal Control - 10 years
Max A. Hasse, Jr., Commissioner - 5 years
Anne Goodnlght, Commissioner - 5 years
Item #SB
INTRODUCTION OF RUSSIAN CITIZENS ATTENDING THE COLLIER COUNTY
COMMISSION MEETING, SPONSORED BY THE LEAGUE OF WOMEN VOTERS
Commissioner Saunders advised that he had a special introduction
to make of the citiz~ns from the Soviet Union visiting the United
States who chose Naples as one of the places to vlsit. He thanked the
League of Women Voters fc~' their efforts in bringing the citizens heFe,
Page 2
November 21, 1989
and introduced Anna Yermolenko, Vladtmir LazaF, A~men Toumasyan and
Victor Lebedev.
Item
PROCLAMATION DESIGNATING THE WEEK OF NOVEMBER 19, 1989 AS MEET THE
SOVIETS WEEK IN COLLIER ~OUNTY - ADOPTED
Commissioner Shanahan read a proclamation whereby the League of
Women Voters designated the week of November 19, 1989 as Meet the
Soviets Week, .naking every effort to promote lnternatlonal friendship
and understanding.
Co-mtee~oner Shanahan moved, seconded b~ Commissioner Hasee and
carried unanis~msly, that the Proclamation be adopted.
Dorothy Fitch, League of Women Voters, stated that the League is
thrilled to have the opportunity to show beautiful Co/lieF County to
the soviet citizens.
Anna Yermolenko indicated that the group is grateful to the League
of Women Voters for raising funds for them to come to Naples, Florida.
She noted that the group is enjoying their stay and their goal is to
increase understanding and achieve cooperation between the countries.
She reported that the visit is due to changes happening in the Soviet
Union and expressed the hole that their country will become more
democratic and prosper.
Page 3
November 21, 1989
Item
PRESENTATION REGARDING THE SPECIAL OLYMPICS - JILL ClCOARELLI - TO BE
HELD AT CAMBIER PARK ON DECEMBER 2~ ~989
Jill Ciccarelli thanked the Board of County Commissioners for
inviting her and invited everyone to the special fund raiser on
December 2, 1989 at Cambter Park. She explained that Special Olympics
is a program that helps the mentally handicapped succeed in all
aspects of their life through sports competition. She described the
various events that will be a part of this important fund raiser, i.e.
a bed race, auctioneer auctioning Christmas gifts, comedians, and arts
and crafts.
Item #6C1
RESOLUTION 89-370 RE PETITION 89-002, STEPHEN E. THOMPSON, AS AGENT
FOR THE ESTATE OF JULIUS FLEIS~, TO VACATE THE 100 FOOT
RIGHT-OF-WAY REFERRED TO AS OLD GOLDEN GATE PARKWAY SUBJECT TO
RIGHT-OF-WAY AGREEMENT - ADOPTED
Legal notice having been published in the Naples Dally News on
November 5, 1989 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing ws~ opened to consider Petition 89-002 for
vacation of the 100 foot right-of-way referred to as Old Golden Gate
Parkway, pursuant to an agreement dated March 11, 1980.
Transportation Services Administrator Archibald advised that the
area and location of lands being considered for vacation involve the
old 100 foot right-of-way of road alignment that extended from Airport
Road to Goodlette-Frank Road. He pointed out on the displ'ayed sketch
the old 2-lane road, the new 4-lane road, the extension of the 4 lanes
of Golden Gate Parkway, the segment of the roadway acquired from the
estate of Julius Flelschmann, and the segment to be vacated. He noted
that the petition is being processed Jointly by Staff and the agent
for the Fleischmann Estate, Mr. Steve Thompson. He explained that the
petition is based upon a March, 1980 agreement entered into by Collier
County and the Fletschmann Estate, wherein one property was a swamp,
and Collier County agreed to receive one segment and vacate the other.
He reported that the County has completed the 4 lanes of Golden Gate
Parkway and the property to be vacated has been abandoned for more
Page 4
November 21, 1989
than 7 years. He explained that in initiating the vacation petition
process, the County has recognized all utilities that lie within or
adjacent to that segment being considered for vacation. He advised
that those easements that currently exist and will continue to exist
after vacation, include a 10 foot utility easement on the south side
for the City of Naples, a 15 foot utility easement on the north side
for the City of Naples and north of the existing 100 foot right-of-way
line is a Florida Power & Light easement. He reported that the only
utility withi~ the corridor without a permit is a duct system
installed by United Telephone Service. He stated that since 1986
Staff has suggested ways of addressing that utility, which has existed
without an easement and UTS has an important conduit line running
through the property, but the conduit line is only subject to a right-
of-way permit a,~proved by Collier County.
Mr. Archibald indicated that 5 different permits have been issued
to UTS by Collier County for their telephone system in that corridor.
He noted that the issue that has to be addressed in this vacation is
how the UTS facilities in that right-of-way will be handled. He
explained that Staff has been unable to come up with some type of
agreement or license or easement with UTS and as a result the County's
position has been to prepare a resolution which transfers the County's
rights to control that utility in that right-of-way from Collier
County to the new owners.
Mr. Archibald advised that the new owners will be the owners who
own existing land on either side. Ne explained that the Fletschmann
estate has ownership of property on the north and south side of the
area to be vacated. Ne reported that the stipulation recognized in
the resolution that the intent of this vacation is to transfer under a
permissive permittinG system the rights that Collier County has over
the utility.
In response to Commissioner Nasse, Mr. Archibald advised that
currently all the utilities, the City of Naples and FP&L, have ease-
ments in place. He explained that UTS does not have an easement and
Page 5
November 21, 1989
is in there under a permissive use permit, which means that if the
County has any need to utilize that area for any other roadway pur-
pose, the County retains the right to have that utility relocate
lines at its expense. He reported that the utility will remain in its
location, but continue to be subject to permissive use. He stated
that it is up to UTS and the Fleischmann estate to come to an
agreement.
In response to Commiasioner Hasse, Mr. Archibald explained in
regard to the 1980 agreement relative to dollars and transferred
rights, in 1979 the new right-of-way was appraised accordinG to the
Comprehensive Plan in effect at that time and the property was
substantially zoned commercial with a small portion zoned multi-
family. He advised that the area in and around the existing road
right-of-way was zoned multi-family, and the appraisals designates a
value for commercial in the neighborhood of $60,000 per acre and
$30,000 per acre for the mu/ti-family. He pointed out that the pro-
perty deeded to the County by the Fleischmann estate was of Greater
value than the property considered for vacation. He indicated that it
should be noted in the 1980 agreement, the difference in value was
recognized by the County providinG median openings for the benefit of
adjacent property owners. He noted that that agreement represented a
fairly equitable swap of property and benefits. In response to
Commissioner Hasse, Mr. Archibald pointed out the area depicted in
red zoned C-4 and the area depicted in pink zoned A-2, but the land
use plan shows it as future multi-family. He emphasized that the uses
from the 1979 Comprehensive Plan and the current Comprehensive Plan
are still compatible. He stated that the unit values between 1979 and
1989 are substantially different.
Mr. Archibald provided an exhibit to Commissioner Volpe and
explained that the exhibit is a current tax map outlininG that area of
the City of Naples and Collier County where the land is being con-
side?ed for vacation. Mr. Archibald reported that the area to th~
south would be the City of Naples and the area to the north would be
Page 6
November 21, 1989
Collier County. He advised that the exhibit shows that the area shown
for vacation is within Collier County.
Commissioner Shanahan questioned if the vacation enhances the pro-
perty and the site, if the County was Justly compensated, and if the
County is obligated under the agreement to vacate the property? Mr.
Archibald replied that the parcels on either side will allow the
Fleischmann estate to better develop that area. He reported that the
1980 agreement took that into consideration. Commissioner Shanahan
questioned if any additional compensation for the vacation can be
obtained? Mr. Archibald responded that the County must rely on the
1980 agreement.
Attorney Stephen Thompson of Frost & Jacobs, representing the
petitioner, advised that the County is obligated to live up to their
1980 agreement. Commissioner Volpe questioned the 50 acre parcel of
land that the Fleischmann estate voluntarily annexed to The City of
Naples? Mr. Thompson replied that the area to the south of the road-
way is annexed to The City of Naples.
In response to Commissioner Hasse, Mr. Thompson replied that the
estate of Fleischmann owns the narrow strip that extends to the border
of the bowling alley and the Stoneburner office parcel. He explained
that it is not really developable. Commissioner Volpe pointed out
that with the additional piece of property being vacated, the property
will be developable. Mr. Thompson concurred, but noted that it would
have to be developed with the property to the north and with various
easements in place that have to be relocated. He reported that the
property may take the form of parking lots. Commissioner Volpe com-
mented that the original exchange was 2.7 acres for 1.7 acres, and the
County is being asked to vacate more than 2.5 acres. Mr. Thompson
replied that he could not see development of the property without
relocating the easements, which would be very expensive.
Attorney Charles Basinait, with Henderson, Franklin, Stearns &
Holt of Fort Myers, advised that he represents the interest of United
Telephone Company. He explained that for the past week, he has spoken
Page 7
with Steve Thompson and George Archibald concerning the permits UTS
has in the area to be vacated. He reported that Mr. Thompson and he
have agreed to a licensing agreement allowing UTS' facilities to tem-
porarily remain in the area to be vacated. He stated that UTS does
not object to the proposed vacation, but asks that the vacation be
conditioned upon execution of a mutually acceptable licensing
agreement between UTS and the Flelschmann estate within two weeks. In
response to Commissioner Saunders' question about the vacation being
subject to an agreement between UTS and the Fleischmann estate, County
Attorney Cuyler advised that it is his understanding that the UTS and
the representatives of the Fleischmann estate have met and are
entering into c£:ta]n agreements. In response to Commissioner
Saunders, Mr. Basinait requested that the vacation be subject to exe-
cution of the agreement between UTS and the Fleischmann estate.
County Attorney Cuyler advised that the County should only be vacating
the right-of-way. Commissioner Saunders stated that the County
Attorney has advised that the Board of County Commissioners should not
vacate an easement or right-of-way subject to an execution of an
agreement between UTS and the Flelschmann estate.
In response to Commissioner Volpe, County Attorney Cuyler pointed
out that this is not a currently traveled thoroughfare and is being
done pursuant to an agreement that has been entered into by the
County 7 or 8 years ago. Commissioner Volpe commented that this vaca-
tion represents public property and questioned the value of the pro-
perty7 Mr. Archibald indicated that the appraisal being relied on is
relative to the 1980 agreement and that particular time. He explained
that the appraisals done in 1980 indicate that that agreement and the
swap of properties with the improvements outlined did represent an
equitable exchange. Commissioner Saunders emphasized that the County
requested the vacation, entered into an agreement, and the County must
honor its commitments under the agreement.
In response to Commissioner Hasse, Attorney Basinatt advised that
he is almost certain that the agreement worked out between him and
Page 8
November 21, 1989
Attorney Thompson will be executed within the next few days, but noted
that in terms of impact to the people in the area, the licensing
agreement is structured similar to the permits granted by Collier
County in 1979. He stated that the permits do call for relocation
costs and things of that nature :o be covered by the utility, and the
licensing agreement says that if the utilities are to be relocated,
the relocation cost paid by the utility will be passed on to the
public.
Co-~issioner Shanahan moved, seconded by Commissioner Hasse and
carried unanimc~xsly, that the public hearing be closed.
In response to Commissioner Volpe, County Attorney Cuyler advised
that the County should not and could not consider current appraisals.
He noted that the County cannot go back 10 years and look at the wis-
dom of signing the contract any more than it can look ahead 10 years.
In response to Commissioner Volpe's question that this parcel was
originally donated to the State for road purposes, Mr. Archibald
explained that the original right-of-way, originally called the
Goodlette Road extension, now called the Golden Gate Parkway, was
donated to the State by a number of property owners in Collier County
to include the parcel being considered for vacation. Commissioner
Volpe questioned if the State of Florida has any ownership interests
in that piece of property? Mr. Archibald replied that the State's
ownership interest in that property was transferred by Florida Statute
335, effective 1978.
Commissioner Saunders emphasized that he does not want the public
to be under the impression that the County is giving something away or
questioning the wisdom of what happened 10 years ago.
Commissioner Shanahan moved, seconded by Commissioner Goodnight
and carried unanimously, that Petition No. 89-002, vacating the 100
foot right-of-w-my referred to as Old Golden Gate Parkway, subject to
the Right-of-Way A~reement, be approved and Resolution 89-3?0 be adopted.
Page 9
November 21, 1989
Item #6C2
ORDINANCE 89-81 DESIGNATING THE SHERIFF OF COLLIER COUNTY AS CHIEF
CORRECTIONAL OFFICER OF THE COUNTY CORRECTIONAL SYSTEM PURSUANT TO
FLORIDA STATI/TES 951.061 - ADOPTED
Legal notice having been published in the Naples Daily News on
November 1, 1989, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider an Ordinance
designating the Sheriff of Collier County as the Chief Correctional
Officer of the Collier County Correctional System pursuant to the pro-
visions of Section 951.061, Florida Statutes, providing for conflict
and severabili~y; providing an effective date.
Coutssioner-Shanahan moved, seconded by Commissioner Hasse and
carried unanimously, that the public hearing be closed.
Commissioner Shanahan moved, seconded by Commissioner Hasse, that
the Ordinance as numbered and titled below desi~nating the Sheriff of
Collier County as Chief Correctional Officer of the County
Correctional System, be adopted and entered into Ordinance Book 3?.
In response to Commissioner Volpe, County Attorney Cuyler advised
that adopting an Ordinance such as this will not have to be done every
year.
Upon call for the question, the motion carried unanimously.
ORDINANCE 89-81
AN ORDINANCE DESIGNATING THE SHERIFF OF COLLIER COUNTY AS THE
CHIEF CORRECTIONAL OFFICER OF THE COLLIER COUNTY CORRECTIONAL
OFFICER OF THE COLLIER COUNTY CORRECTIONAL SYSTEM PURSUANT TO
THE PROVISIONS OF SECTION 951.061, FLORIDA STATUTES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE
Item #9A1
STAFF TO BRING BACK CONTRACT WITH ANCHOR ENGINEERING, INC. FOR DESIGN
AND CONSTRUCTION SUPERVISION SERVICES FOR SITE iMPROVEMeNTS TO
COLLIER VILLAGE IN IMMOKALEE
Housing and Urban Improvement Director Russell L. Shreeve, Jr.,
advised that on June 13, 1989, Staff asked for permission to advertise
for engineers. He reported that the Selection Committee, consisting
of himself, Frank Brutt, Community Development Services Administrator,
George Archibald, Transportation Services Administrator, Brian
MacKenzie, Assistant to the County Manager, and Jean Wagner,
Page 10
November 21, 1989
Purchasing, reviewed the applications and ranked the firms indepen-
dently with Anchor Engineering, Inc., submitting the best proposal.
He questioned if the Board of County Commissioners would like to
accept the recommendation of the Review Committee or review the propo-
sals? Commissioner Goodnight noted that this should be done as soon
as possible because the time frame is so short. She explained that
DCA has put gu~delines on obtaining the funds, and after talking with
Tom Pelham, Secretary, DCA, she feels that the County can negotiate
and receive the grant money. She reported that this is a grant that
Collier County applied for and reimbursement will not be required.
She advised that due to the time frame and available monies, i.e. Far-
mers Home money, sale money and private donations, it is not necessary
to go through the interview process. She noted that everyone is
awaiting the groundbreaking for this project.
Co,,~issioner Shanahan moved, seconded by Commissioner Volpe and
ca. tied unanimously, that the ranking of the Selection Committee
selecting Anchor Engineering, Inc. be accepted, and the contract
brought back to the Board of County Commissioners for approval.
Item #9A2
RESOLUTION 89-371 AUTHORIZING THE CCUNTY MANAGER TO BE THE CERTIFYING
OFFICER FOR ENVIRONMENTAL REVIEW - ADOPTED
Commissioner Shanahan moved, seconded by Commissioner Hasee and
carried unanimously, that Resolution 89-37! appointing the County
Manager as Certifying Officer to sign all documents pertaining to the
environmental review for the Community Development Block Grant
Contract Number 90DB--49-09-21-01-HO§, be adopted.
Commissioner Volpe questioned why the certifying officer has to be
the County Manager, and Mr. Shreeve replied that the County Attorney
had advised that under the contract, one person has to be appointed,
not a designee.
Page
November 21, 1989
Itmm #9A3
ACCEPTANCE OF SECURITY FOR EXCAVATION PERMIT NO. 59o27! "SAN MARCO
PARK" LOCATED IN SECTION 18, TOWNSHIP 5! SOUTH, RANGE 27 EAST -
BLASTING PERMIT LIMITED TO 30 DAYS, NOISE TO BE ABATED AS MUCH AS
POSSIBLE
Commissioner Hasse indicated that he is requesting a reasonable
amount of blasting be done because he has heard complaints about the
blastinG done throughout the County. He noted that monitorinG takes
place after the blasting has caused damage to private homes.
Paul Rodinsky, 11231 Trinity Place, stated that he has had
problems in the past with Collier County Excavators and noted that
damage was sustained to his home one year ago. He reported that he
came to the Collier County Courthouse, but there was no one to
register a complaint with. He explained that the company that did
the blasting hired a consultant to check on the blastinG damage and
noted that he had to wait 6 months to be told that there was no
damage. He explained that 3 weeks ago he had a reappraisal of his
home done and was advised that he had structural damage to his home.
He reported that Mr. Baslk is building a trailer park behind his home
and the site is within 200 feet of his property. He advised that he
has had no problem with Mr. Basik in the past, except for dust and
dirt runninG down the easement. He noted that Mr. Basik has kept the
easement wet and elimfnat-d the problem. He explained that he is con-
cerned about the blasting that will be done because it will be 2,400
feet closer than the blasting that damaged his property by Collier
County Excavators. He reported that he would like assurance from Mr.
Basik's company that pictures of the existing cracks will be taken
before the blasting, and any monitorinG not be done by the company who
performs the blastinG.
Commissioner Goodnight advised that the County has a new blastinG
ordinance that should take care of his concern~ because there is sup-
posed to be an inspection before and after the blasting.
Community Development Administrator Bt,itt advised that he cannot
comment on what has occurred in the past, but the present ordinance is
Page
November 21, 1989
being enforced. He explained that there have been complaints from
others in relation to blasting. He indicated that the blaster has to
hire an insurance company to post a bond and the insurance company
hires the expert to monitor any damage. He reported that he will have
Staff contact Mr. Rodinsky prior to the time blasting takes place.
Mr. Rodinsky expressed concern that the cracks he has will spread
due to new bla~ting. He noted that there were no cracks in the house
when he purchased it 6 years ago, and it was brand new.
Commissioner Volpe questioned the amount of the security required
by the new ordinance? Mr. Brutt replied that it is determ~nated by
the yardage being removed, and the blasting deals with 12,000 cubic
yards to create a lake slightly more than one-half acre in size.
Commissioner Volpe commented that the security is not for people such
as Mr. Rodinsk¥. Mr. Brutt replied that there was a previous bond on
the project at this site which expired, and the prior permit had been
canceled by Water Management Director John Boldt, prior to
Development Services' issuinG blasting permits. He explained that
Development Services is requesting that the Board of County
Commissioners accept the bond for continuation of this project, but
noted that he will have the Code Enforcement Staff meet with Mr.
Rodinsky to make sure that everything is covered. Commissioner
Saunders suggested that Staff ensure that documentation of the
existing damage to Mr. Rodinsky's house is available so that if there
is any problem after the blasting, he can take whatever action he may
have to. County Attorney Cuyler advised that the blasting ordinance
provides for suspension of the blasting permit and examination at the
time of the complaint.
A discussion followed about the time schedule for blasting on this
project. In response to Commissioner Saunders, MY. Basik advised that
excavating the lake would take approximately 6 months. Commissioner
Saunders questioned how long it will take to dig a small lake? Mr.
Basik rep]~ed that it wi~ take 30 days from the time of blasting.
Commissioner Saunders con, uented that Mr. Basik will have to notify
Page 13
November 21, 1989
County when he will be blasting and questioned if the Board of County
Commissioners can impose a 30 day period? ' County Attorney Cuyler
advised that Transportation Services Administrator Archibald can
~mpose conditions that he deems appropriate. Commiss~oner Saunders
suggested that as a condition of approval of the excavation permit
Mr. Basik notify Staff prior to the beginning of blasting, and a 30
day period within which to complete the excavation of the lake be
allowed, with the blasting permit expiring at the end of the 30 day
period.
Mr. Basik advised that he is aware of the problems previously
encountered and that he had agreed prior to blasting he would send a
representative of the company to the residence in question. He
explained that a representative of the company goes through the faci-
lity and takes pictures of exlst]ng cracks, monitors the build~ng, and
reappraises the building after the blasting. He emphasized that this
is done on an independent basis. Mr. Basik reported that he has
signed a contract with Jones Excavating, trying to eliminate the
blasting. He advised that they will use an extremely large hydraulic
backhoe to dig the cap rock without the blasting. Commissioner
Saunders advised Mr. Rodinsky that if Mr. Basik does blast, he will
have 30 days to finish. Mr. Basik reported that the blasting permit
should terminate in the 30 day period, not the excavation.
Commissioner Saunders concurred. A discussion followed about damage
to the easement. Commissioner Saunders suggested that ~f Mr. Rodinsky
has any problems at all with the excavation of the lake or the
blasting, he should contact the County Manager or the County Attorney.
Commissioner Gcodnfght requested that Mr. Basik put a time limit
on the excavation. She explained that many places start working about
3:00 or 4:00 A.M. so that the trucks can be lo:~ded at daylight, and
she expressed concern about the excavation being so close to Mr.
Rodlnsky's house and disturbing his sleep. Mr. Basik advised that he
would put ~ time limit on the excavation.
Commissioner Volpe Q]e~tioned an outstandinG issue regarding San
Page 14
November 21. 1989
Marco Park and some intersection improvements done through grant
monies that shou]d ha',e been repaid. He questioned if th~s issue had
been resolved? County Attorney Cuyler replied that Mr. Archibald is
still discuss~ng the matter with Mr. Basik and if things are not
worked out, he is ready to proceed to Court. He explained that Mr.
Archibald had informed him that there is a counter offer in the works,
and a discussion of settlement. Commissioner Volpe commented that
Attorney Cuyler has been authorized by the Board of County
Commissioners to proceed to Court to collect the $95,000, and he
expressed concern about allowing the project to go forward when monies
have not been reimbursed to the County. Mr. Basik replied that all
monies were put in to the County, including grant funds, to have the
work done based on the bids that were accomplished at the time. He
explained that an in-contract bid Job of $263,000 had over-rides of
$73,000, and at his meeting with Mr. Archibald and Attorney Cuyler, he
wanted to know where the $73,000 of extras occurred. Commissioner
Volpe commented that he remembered authorizing the payment of funds
and authorizing the County Attorney to commence a lawsuit against Mr.
Basik, and expressed reservation about moving forward on this pro3ect
until the issue is resolved.
Commissioner Saunders questioned if the Board of County
Commissioners needs to proceed with this permit? County Attorney
Cuyler indicated that the Board of County Commissioners does not have
to proceed from a legal perspective, but he feels that Mr. Archibald
would not hold this permit up while he is reviewing the issue. Mr.
Basik explained that after the road was completed and sewer and water
were put in, DER claims that the road had been put into a Jur~sdic-
tional area and stopped all construction. He reported that he has
entered into a Consent Order, after a long period of time, with DER
and the Corps of Army Engineers about 40 days ago. Commissioner Vokpe
pointed ,3ut that the County has expended $73,000 with an expectation
and agreument from Mr. Bas~k to be paid, the monies have not been paid
and a lawsuit to collect those monies has been authorized.
Page 15
November 21, 1989
Co~-iesioner Sharp. hen moved, seconded by Commissioner Ooodnight
and carried 4/1, that Excavation Permit No. 89.271 be approved subject
to a blasting time period being to 30 days and the noise being abated
as beet as possible. (Contseioner Volpe opposed).
Page 16
November 21, 1989
Ttem ~9E1
STATUS REPORT REGARDING A PROPOSED AMENDMENT TO THE VEHTCLE FOR ~TRE
0RDI_~_~_NCE - NO ACTION
Administrative Services Administrator Ochs advised that Staff has
worked for the past 2 years with the Public Vehicle Advisory Committee
to develop a comprehensive amendment to the current Vehicle for Hire
Ordinance. He explained that major improvements resulting from this
draft amendmen~' include the standardization of rate structures, eli-
mination of zone charges and other discretionary charges, Greater
enforceability over the current ordinance, vehicle safety and quality
assurance standards, including regular vehicle inspections. He
reported that Staff is planning on conductinG a workshop with the
industry and the PVAC sometime within the next 60 days. He advised
that the final ordinance should be ready for presentation to the Board
of County Commissioners in early 19go. He noted that Staff is
bringing the status report to the Board at this time. Commissioner
Saunders noted that no formal action is to be taken at this time.
Commissioner Volpe questioned if there is anything that addresses
the number of permits in this ordinance? Mr. Ochs replied that there
is not, but there has been considerable discussion with the PVAC
regarding this, and whether or not the County wants to enter into
franchise type arrangements. He explained that many similar
ordinances in other counties and cities across the country have been
reviewed, and many arrangements exist, i.e. the County's present
ordinance whereby each application ts considered separately due to
need and public necessity for the business, or Fort Myers ordinance
whereby a flat num..er of vehicles allowed to operate for hire are set,
unless the Government ~stablishes a higher limit. He reported that
the PVAC has not shown an interest in a stric~ franchising arrangement
at this point and Staff and the PVAC are Dot considering caps or a
franchise arrangement in the draft of tht~ ordinance. In response to
Commissioner Hasse, Mr. Ochs replied that ~-here are advantages and
disadvantages to any number of methods.
'002.9
Page
November 21, 1989
Commissioner Volpe commented that he has seen a significant
increase in the number of vehicles for hire and asked if there were
any other criteria to measure the need? Mr. Ochs responded that Staff
looks at financial statements and other information on the applic.~tion
form for each prospective business owner, and the application is then
forwarded to the PVAC for any additional questions and consideration.
He indicated that he would like to get feedback from the industry as
to how they wr ~ld like the County to proceed and fashion specific cri-
teria at the workshop.
In response to Commissioner Hasse, Mr. Ochs advised that most media
reports revolve around operating procedures in place between the
airport and individual cab companies and their drivers. He reported
that these reports are separate and apart from what this ordinance
will provide. He indicated that specific guidelines on what cab com-
panies need to do to operate within Collier County and provisions to
enforce of the County's ordinance will be discussed at the workshop.
There was no action taken on this item.
Item ~gG1
ACQUISITION OF A 12.5 ACRE PARCEL OF LAND ABUTTING THE NAPLES
LANDFILL IN AN AMOUNT NOT TO EXCEED $51m550 - APPROVED
Solid Waste Management Director Fahey advised that the County
would like to acquire 12.5 acres of acres that would be used for miti-
gation in the development of landfill, particularly with the acquisi-
tion of the 300 acres to the west. He reported that the plat
indicating the location of the parcel also shows a 20 acrs parcel
abutting the northern ~ud of the landfill. He advised that the County
owns land east of the ~.]bJect parcel. He noted that an appraisal has
been made by Coastal Exgineering Consultants, and they have indicated
that a $4,000 per acre price is fair market value. He stated that the
total price, tncludin~ closing costs, would amount to $51,550. He indi-
cated that a stipulation is included in the agreement that the final
agreement would be brought back to the Board of County Commissioners
as a Consent Agenda item.
(!(;( ,,
Page 18
November 21, 1989
In response to Commissioner Hasse, Mr. Fahey replied that the ~ro-
perry the County owns is 300 acres and this 12.5 acre parcel is an
abutting property to the north.
In response to Commissioner Volpe, Mr. Fahey advised that there is
no master plan identifying the parcels of land adjacent to existing
landfills the County would like to require. He explained that these
properties are picked up when they are offered. In response to
Commissioner V~lpe, Mr. Fahey advised that this is an opportunity to
acquire some land that the County would use at a reasonable price. He
indicated that the County can temporarily locate some new composting
requirements in the State law for material segregation, if it is not
needed for water treatment or storage.
Commissioner Shanahan moved, seconded by Commissioner Good-night
and carried unanimously, that Staff acquire this parcel of land in mn
m~ount not to exceed $51,550. and that the contract be brought back to
th. of co, t co=i,,io..r, for .pprov. 1.
· ''**Recess: 10:30 A.M. Reconvened 10:40
Item ~9G2
STAFF TO RETAIN SERVICES OF TWO FEE APPRAISERS IN AN AMOUNT NOT TO
EXCEED $6,000, FOR THE ACQUISITION OF 300 ACRE PARCEL LOCATED IN THE
WEST 1/2, SECTION 36, TOWNSHIP 49S, RANGE 26E, FOR SOLID WASTE
PROCESSING AND DISPOSAL AND BRING CONTRACTS BACK TO THE BCC
Solid Waste Management Director Fahey indicated that this item is
a request for Staff to retain two appraisers for provide appraisals on
300 acres of land which abuts the Collier County landfill. Ne noted
that the Growth Management Plan obliges that the County have a 10 year
in advance supply of land, and the recently presented Solid Waste
Master Plan recommends that the County continue its solid waste
management through landfllling for the next 20 years.
Mr. Fahey explained that preliminary evaluations of the subject
property indicate that !~3 of the 301 acres are wetland, and if this
is to be '~sed for the landfill, mitigation measures will be required.
He noted that hopefully, the design of the facility will minimize the
mitigation requirement by maximizing the use of the higher land for
Page 19
November
the County's activities.
He requested approval for Staff to hire two appraisers for
appraisals of the property, and bring the contracts back to the
Commission for approval.
Commissioner Volpe stated that in looking at the comparables which
were used for the recently acquired 12.§ acres, he questioned whether
some of the i~formation for the 300 acres is already available? Mr.
Fahey replied that the appraiser for the 12.§ acres has valued the
subject property at $4,000/acre, but noted that County appraisers have
valued this land at $7,000/acre - $8,000/acre. He explained that in
view of that difference, he believes that it would be to the County's
benefit to have two different appraisers do that work.
Commissioner Volpe questioned whether the County has been offered
this property for purchase7 Mr. Fahey informed that the property has
been on the market for several years, and noted that he has heard a
variety of askin~ prices which are two to three times higher than
Staff's assessments.
Co~missioner Shanahan moved, seconded by Co~nissioner Goo~night
and ca~ried unanimously, to authorize Staff to retain the services of
two fee appraisers, in an amount not to exceed $6,000, and brfng the
contracts back to the Conmission for approval.
Tai~e ,2
Item~H1
WATER AND SEWER CONVEYanCE PROCEDURES IN THOSE AREAS PREVIOUSLY
HANDLED BY THE CITY OF )~APLES - NO ACTION
County Manager Dorr.]l advised of steps that he will be taking
relating to that area that was previously served by the City of
Naples, outside of the City limits. He noted that the County's con-
veyance procedures are better than those which were required by the
City. He indicated that there are about a half dozen projects that
are in progress, and as a result of that they relied on initial repre-
sentations as to how the water lines would be conveyed in order to
have the meters set and and have the County approve the conveyance.
He explained that in order for people not to be delayed, he will
Page 20
November 21, 1989
authorize the setting of meters, but withhold Certificates of
Occupancy, until such time that the County Attorney's office is in
receipt of a complete application for conveyance, and scheduled for
the County Commission. He stated that the project that is forcing the
County into this type of action is a rental housing project called
Sandevar.
Ita#ll
BUDGET A~ENDM~NTS 90-32; 90-34; AND 90-37/40 - ADOPTED
Co~issioner Hesse moved, seconded by Conissioner Goodnight and
caa~ied unanimously, that Budget A~end~ente 90-32; 90-34; and 90-37/40
be adopted.
Cosmiasioner Shanahan moved, seconded by Co~isstoner
Goodntght and carried unanimously that the following
under the Consent Agenda be approved and or adopted:
Item #14A1 Moved to #9A3
Item #14A2
RESOLUTION 89-372 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR FINAL PLAT OF "PLANTATION"
- WITH STIPULATIONS
That the Board of County Commissioners grant preliminary accep-
tance of the roadway, drainage, water and sewer improvements in
"Plantation" with the following stipulations:
1. Retain the Esc~'D~ Agreement as security for maintenance of
the infrastructure until the Board of County Commissioners
grants final ac.:eptance of all improvements.
2. Authorize the C:%airman to execute the Maintenance
A~reement for Preliminary Acceptance and Resolution
authorizing pre],minary acceptance.
3. Preliminary acceptance of improvements will not become effec-
tive until watch, and sewer facilities have been conveyed to
Collier County Water-Sewer District.
Item #14B1
STAFF TO RETURN TO BCC WITH CONTRACT FOR REVIEW AND APPROVAL FOR
CONSULTANT SERVICES FOR COMPLETION OF EVERGLADES AIRPORT LAYOUT PLAN
Item #14C1
CHAIRMAN TO SIGN A PARKING LEASE WITH TASK FORCE FOR HOMIZr, ESS FOR
ST. MATTHEW'S HOUSE FOR EIGHT (8) PARKING SPACES FOR ONE ~gLLAR
($1.00} A YEAR PAYABLE TO THE COUNTY
Page 21
Item #14D1
November 2!, 1989
See Pages ~&-~ ,/-- C. &
QUEEN~ PARK AT LA00 VERDE, PHASE VI, WATER AND SEWER FACILITIES
ACCEPTED STIPULATIONS
The Utilities Administrator recommends 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 facilitie': for Queens Park at Lago Verde, Phase VI, with the
following stipulations:
The Florida Department of Environmental Regulation furnishes
a letter approving the water distribution system for service,
and bacteriological testing has met the County's
requirements.
2 o
The Plat Book and page number information for the recorded
plat is incorporated in the legal documents.
Recorded in OR Book
Deleted
, Pages DO~rMENTS NOT ~ECEIVED
AS OF JANUARY 31, 1990
Deleted
Ite~#14D4
ACCEPTANCE OF COLLIER COUNTY PRODUCTION PARK, PHASE lB, SEWER
FACILITIES - SUBJECT TO ~..%4ER FACILITIES LEASE AGREEMENT
Recorded i., oR Book ,
Item #14D§
JOINT R~SOLUTION 89-373/CWS 89-12 WITH LOCATION MAP DESIGNATING
POTABLE WATER PIPELINE EASEMENTS NEEDED ALONG GOODLETTE-FRANK ROAD
FROM PINE RIDGE ROAD TO THE CARICA ROAD WATER STORAGE TANK
See Pages ~, /.~
Item #14E1
FLEET MANAGEMENT BUDGET AMENDMENT INCREASING CAPITAL EXPENSES BY
DECREASITCG RESERVES FOR CONTINGENCY IN AMOUNT OF ~4§,500
Item #14E2
SALE AND DIS.~OSAL OF ITEMS FOR PROPERTY DISPOSITION
See Page~~
Item #14F1
SERVICE CONTRACT BETWEEN WESTERN GATEWAY AMBULANCE SERVICE, INC. AND
COLLIER COUNTY IN AMOUNT OF $127t480
See Pages~&,./~,/- ~ /0
Ite~ #14(I1 - Withdrawn
Page 22
November 23, 1989
Item
G~IFICAT~S OF COP~CTION TO T~E TAX
No. 249
No. 007
No. 010-O32
No. 007
Po. 015
No's. 041-065
Item#1412
1988 TAX ROLL
Dated 10/31/89
1989 TAX ROLL
Dated 10/31/89
Dated 11/02/89 - 11/09/89
1989 TANGIBLE PERSONAL PROPERTY
Dated 11/01/89
Dated 10/24/89
Dated 11/06 - 11/14/89
EXTRA GAIN TIME FOR INMATES - PREVIOUSLY APPROVED ON 11/14/89
Item #1413
SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC DEFENDER - PREVIOUSLY
MISCELLANEOUS COTuRESPONDENCE - FILED AND/OR REFERRED
The following mtsce~ianeous correspondence was filed or referred as
indicated:
5o
11/06/89 letter from James Stephens, President, Board of
Directors, Area Agency on Aging, to Chairman Burr Sounders,
advising of the services provided to needy residents of his
district. Referred to Nail Dorrtll, Kevin O'Donnell, and
Filed.
10/31/89 letter to Commiss~oner Shanahan from Mr. Lewis O.
Burnside, Jr., Director, Division of Housing and Community
Development, DCA, re Delinquent Quarterly Report for
September 30, 1989, 90DB-49-09-21-01-HO5. Referred to Nell
Dorrill, Frank Brutt, and Filed.
1i/03/89 letter to Chairman Collier County Board of County
Commissioners, from Patrick Kenney, Environmental Specialist,
Florida Department of Environmental Regulation, re: Collier
County - WRR, File No. 111720165, World Tennis Center,
enclosing short form application, involving dredge and fill
activities. Referred to Nail Dorrill, William Lorenz, Frank
Brutt, and Filed.
10/27/89 Notice of Public Meeting, from Florida Department of
Environmental Regulation, re: Rules under Development; Rules
under Appeal and Everglades Water Quality Standards.
Referred to Nail Dorrlll, Frank Brutt, Bill Lorenz, and
Filed.
11/06/89 letter to Chairman Saunders, from Mr. Patrick Kenney,
Environmental Specialist, Florida Department of Environmental
Regulation, re: Collier County - WRR, File No. 111721625,
Page 23
10.
11.
12.
13.
14.
November 21, 1989
Community Development, Inc., enclosing short form applica-
tion, involving dredge and fill activities. Referred to Nell
Dorrlll, William Lorenz, Frank Brutt, and Filed.
11/03/89 Notice of Public Workshop, from Florida Department
of Environmental Regulation, Docket No. 89-87R. Referred to
Nell Dorrtll, Frank Brutt, Bill Lorenz, and Filed.
10/27/89 memorandum to interested parties from Howard L.
Rhodes, Director, Division of Water Facilities, Florida
Department of Environmental Regulation, re: Florida's
Re-use Program. Referred to Nell Dorrill, Frank Brutt, Bill
Lorenz, and Filed.
Copy of 10/26/89 letter to Mr. and Mrs. Charles Fortgang,
from Kirby B. Green, III, Director, Division of Beaches and
Shores, Department of Natural Resources, re: Exemption
Status of Swimming Pool DNR File No. EXM C0-0014. Referred
to Nell Dorrfll, Frank Brutt, Environmental Health, and
Filed.
10/30/89 letter to Honorable Burr L. Saunders, from Mr. Tom
Gardner, Executive Director, Department of Natural Resources;
invitation to attend meeting for discussion of boating safety
and manatee protection. Referred to Nell Dorrill, Bill
Lorenz, and Filed.
Copy of 11/01/89 letter to Mr. Marvin J. Herb, President,
Hondo, Inc., from Mr. Kirby B. Green, III, Director, Division
of Beaches and Shores, Department of Natural Resources, re:
Exemption Status of Cabana, Bedroom Addition and Alteration,
City of Naples Building Permit Nos. 791 and 1101, DNR File
No. EXM CO-O011. Referred to Nell Dorrill, Frank Brutt,
Bill Lorenz, ;.,,,~ Filed.
11/09/89 memcr lndum to Ail Agencies of Local Government &
Interested Parties, from Representative Mary Ellen Hawkfns,
Chairman, Collier County Leglslatlve Delegation re
Legislative Public Hearing to be held January 18, 1990.
Referred Neil Dorrill and Filed.
11/01/89 memorandum from Me]la Thornton, Senior Human
Services Program Specialist, Department of Health and
Rehabilitative Services, re: Nominees Needed for the 1990
Emergency Medical Services Matching Grant Evaluation Team.
Referred to Nell Dorrtll, 3a¥ Reardon, and Filed.
il/07/89 letter to Chairman Burr L. Saunders, Collier County
Commissioner, from Frank A. Wacha, Martin County Commissioner
re: Vote of Establishing a Children's Services Council.
Referred co Nell Dorrill, Kevtn O'Donnell, and Filed.
Minutes received and filed:
ao
11/14/89 Agenda, and 10/10/89 minutes for Golden Gate
Parkway Beautification Advisory Committee.
11/16/89 Agenda, and 10/19/89 minutes for Parks and
Recreation Advisory Board.
10/05/89 minutes and 11/16/89 Agenda for the Collier
County Planning Commission.
09/28/89 Library Advisory Board.
16. Notice of Public Hearings:
Page 24
17.
18.
19.
November 21, 1989
11/06/89 The Land Acquisition Advisory Council, as
defined tn Section 259.035, Florida Statues, announces
three public hearings to which all interested parties
are Invited. Referred to Nell Dorrill, Frank Brutt,
William Lorenz, and Filed.
11/13/89 Narcotics Control Assistance Program, Rule
Chapter 9G-16, Referred to Nell Dorrill, Sheriff Don
Hunter, and Filed.
11/06/89 Before the Florida Public Service Commission,
amended Notice of Hearing to Tampa Electric Company,
Florida Power Corporation and all other interested per-
nons, Docket No. 890646-EI. Referred to Nell Dorrlll,
Mike Arnold, Ken Cuy]er, and Filed.
11/06/89 U.S. Environmental Protection Agency, Region IV
Waste Management Division RCRA Branch, RCRA-89-FL003.
Referred to Neil Dorrill, Bill Lorenz, Bob Fahey, and
Filed.
11/09/89 Corrected Notice before the Florida Public
Service Commission, re: Docket No. 891264-SU,
Application of Rookery Bay Utility Company. Referred to
Neil Dorrtll, Mike Arnold, Ken Cuyler, and Filed.
11/09/89 Corrected Notice Before the Florida Public
Service Commission, re: Docket No. 891252-SU,
Application of Rookery Bay Utility Company. Referred to
~'ell Dorrtll, Mike Arnold, Ken Cuyler, and Filed.
11/06/89 Notice to International Fidelity Insurance Company,
from Powerscreen of Florida, Inc., advising that they are
making claim against Payment Bond No. 000835879-89, re:
Sea/Con Indus'Ties, Inc., failing to make payments due in the
amount of $16,135.99. Referred to Neil Dorrtll, John
Yonkosky, Tom .]onrecode, and Filed.
11/08/89 Supre'~m Court of Florida Order on Prosecution of
Criminal Appeals by the Tenth Judicial Circuit Public
Defender, Case No. 74,630. Filed.
11/03/89 letter to Burr Saunders, Chairman, Board of County
Commissioners, from A. W. Addison, Deputy Tax Collector,
advising that they are attaching copies indicating the amount
o~ postage used for the period from 10/23/89 to 10/26/89
relating to property tax notice mailing in October, 1989,
totaling $7,860.07.
Page 25
November 2~, 1989
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 30:55 A.M.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
GiL -s', C{ERK..
BURT L. SAUNDERS, CHAIRMAN
~/d/' ~,/ d b the Board on //"~ ---'
These minutes approve y ,/~~~ ~ /~'~
as presented ~/ or as correct'ted -
Page 26