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BCC Minutes 09/19/1989 R Naples, Florida, September 19, 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 go/erning board(s) of such special districts as have been creat~d a~Lurdlng to law and hdvlng conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSleR in Building "F" of the Government Complex, East Napl~s. Florida, with the following m~mbers present: CHAIRMAN: Burt L. Saunders VICE-CHAIRMAN: Max A. Hasse, Jr. Richard S. Shanahan Michael J. Volpe Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Maureen Kenyon, Deputy Clerk; Neil Dorrill, County Manager; Ron McLemore, Assistant County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, County Attorney; Mike Arnold, Utilities Administrator; William Lorenz, Environmental Services Administrator; Kevin O'Donnell, Public Services Administrator; George Archibald, Transportation Services Administrator; Ken Baginski, Planning Services Manager; Frank Brutt, Community Development Administrator; James Reardon, Emergency Services Administrator; James Burch, Chief E~vironmental Specialist; George Barton, EMS Director; Steve Carnell, Purchasing Director; Sue ~ilson, Administrative Assistant to the Board; and Deputy Tom Storrar, Sheriff's Office. Page 1 '" ~ ,------- SEPTEMBER 19, 1989 ComLteeloner Hames moved, seconded by Commissioner Shmnmhmn and cmrried uamntmousl¥, that the agenda be approved with the followin~ changee: 9. Item Item 9Cl Added - Recommendation that the BCC sign a contract with HRS for the provision of funds from the State Legalized Alien Assistant Grant on behalf of the Collier County Public Health Unit. Item 5A continued to October 3, 1989 - Service Award for Charles Tomastno Item 6C5 continued to October 3, 1989 - An ordinance amending Ordinance 74-50 to restate and establish the Collier County water policy. Item 9D1 continued to September 26, 1989 - Request for direc- tion regarding selection of professional engineering firms to provide engineering services for a raw water booster pump sta- tion and five million gallon storage tank/pumping station. Item 14Al moved to Item 9A2 - recommendation to approve for recording the final plat of "Crystal Lake Terraces at Eagle Creek." Item 14A2 moved to Item 9A3 - recommendation to approve for recording the final plat of "Eagle Creek Estates at Eagle Creek Country Club." Item 14A4 moved to Item 9A4 - recomme.datlon reg&rdlng &dop- tlon of new zoning maps. Item 6Cl, 6C2, 6C3, 6C4, 6C6 continued to October 17, 1989. Item 6C7 Continued indefinitely. M:NUTKS OF AUGUST 8, 1989, REGULAR BCC M~KTING - APPROVED Commissioner Shanahan moved, seconded by Commissioner Volpe end carrie4 ~Gmalmously, that the minutes of the Reffalm~ Board meettz~ o£ August 8, 1989, pertaining to Itel gal, be mpprovmd. ltem d~l Commissioner Saunders presented the following employees service awards for their years of service with Collier County: Crucito Padilla, Road & Bridge 15 years Curtis Anderson, Sr., Road & Bridge 15 year8 Itmm~l ()~.. ,(18 Page 2 SEPTKMBKR 19, 1989 ~TION IF~$TG{Z~TING SEPT~Elt 17-23, 1989, ~ ~ ~~ Co,Isotoner Hasoe read and presented the procl~-.~tlon to ~r. aeor~e Barton, ~S D~rector. ~r. Barton ~nd~cated that this ~eek E~S ~e concentratln~ on first grade children and teaching them how to call 9-1-1 tn case of emergency as wel~ as 8how~ng then ambul~ceo and how to contact the Sheriff's off~ce dispatcher ~o get a paramedic ~o ~helr home. 17-23. 198g, ~ brpn~ ~icel So.icest bk b ~t.. SEPTKNBER 190 1989 Commissioner Saundero ~nd~ca~ed the criteria necessary ~n order to receive a Phoenix Award and then presented the following e~ployeeo with ~he~r award, th~klng ~hem for their efforts end support: KrSc Maroon (one award) ~ill~am Pepl~nsk~ (two awards) Melitta Be~b~e (two awards) Therese Ortengren (one award) Valerta Thorsen (one award) Co~looioner Saunder8 presented a plaque and a badge to Fr~ Mtllo~, EMS Employee of the year, indicating that he was chosen by his co-workers as EMS Employee of the Year due to having received special reco~itton for achieving five phoenix awards and having achieved an exemplary level of performance tn his Job. Co~issloner Saunders ~ha~ed him on behalf of the citizens of Collier Count~ for a Job well done. X~~ Legal notice having been published tn the Naples Daily News on Aurar 3, 1989, as evidenced by Affidavit of ~blicatton filed with the Clerk, public hearing was opened to consider a proposed Ordinance amending Ordinance ~6-6, the Subdivision Radiations of Collier by a~end~n~ Article XI, by adding a requirement for pl~s for exotic plant removal; by addin~ a retirement that native habitat~ be preser- ved; by amending Article X by adding a requirement to obtain a tree removal permit; by adding a requirement that native habitat~ be pre- served. Chief Envtro~ental Specialist Burch stated that this ts the last of the land development re~lattons that were outlined by the Conservation and Coastal Management Element of the Comprehensive PI~. Page 4 ": SEPTEMBER ~O, ~069 He noted that this is a series of additions proposed for the Subdivision Regulations, noting that they will require submittal of loplementatlon of a prograa for removal and control of exotic species, requirement to obtain a tree removal permit for land clearing within development areas, and a requirement for developments to preserve an appropriate amount of native habitat area on site. He stated that this maendment was beard and unanimously approved by the CCPC on September 7, 1989. He indicated that the changes that are proposed are the same as several others that have been adopted in previous land development regulations this year, therefore, the proposed changes are tn the form of Board-approved language. Attorney George Varnadoe stated that he is requesting clarifica- tion of the language on Page 2, Section 6, where it states that all new residential developments that qualify shall retain 25~ of the viable naturally functioning native vegetation on-site, emphasizing the largest contiguous area possible. He questioned if thio applies to a development as a whole or to each element of a development, to which Chief Environmental Specialist Burch stated that thio language is from the Conservation and Coastal Element from the Growth Management Plan, noting that the intent was to apply this language to PUD developments as a whole. Commissioner Saunders questioned tf there to any language needed to clarify this intent, to which Oounty Attorney Cuyler stated he does not see any problem with this language as long as the clarification has been made to Mr. Varnadoe and ts on the record. Commissioner Shanahan moved, ~conded h~Co~tasioner ~se and cai-rid unanimously, that the public hearing be clo~ed. Cmisstoner Shanahan ~m~d, Hconded by Commissioner ~t~ht and csx-tied unanimously, that tho Ordinance as numbered and titleai belo~be adopted and entered into Ordinance Book Is. 66~ ORDXIA~CE 89-63 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 76-6, SUBDIVISION REGULATIONS OF COLLIER COUNTY, FLORIDA; BY AMENDING ARTICLE XI BY ADDING A REQUIREMENT FOR PLANS FOR EXOTIC PLANT REMOVAL; BY ADDING A REQUIREMENT THAT NATIVE HABITATS BE Page 5 1080 PRESERVED; BY AMENDING ARTICLE X BY ADDING A REQUIREMENT TO OBTAIN A TREE REMOVAL PERMIT; BY ADDING A REQUIREMENT THAT NATIVE HABITATS BE PRESERVED; BY PROVIDING FOR CONFLICT AND SKVEHABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. MA~ L. TM! ~13Ffll~J TA]tI'S FRUIT ~ U(lJt~ql)llJ~ I~Mtl:) ~IAJ~D 0RP~ ~ - ~ ~XOW T~ Co~osioner Saundero indicated that this Item was on the agenda last week and ~ fairly substantial packet of ~nformat~on ~ao ~bm~tted for the record. He stated tha~ he asked Mr. Tarl To continue mat~er for one week ~n order to give the Conloo~onero ~me to o~udy ~he material. He 8~ated tha~ everyone has had a chance ~o 8~udy ~h~8 lnfor~on, ~hereffore, ~t ~8 not necessary ~o read ~t ~nto ~he record ao It will be made a part of the record. County Attorney Cuyler orated that th~o ~o a ma~ter tha~ ~o ~n l~tlgat~on and pr~or ~o ~he Board ~ak~ng ~y ac~on, It may necessary for him ~o make some statements. Mr. Ma~h~a8 Tar~ stated ~ha~ he objected to co~8el~o advice to ~he Board la8~ week and he o~ll objects ~hlo week, because ma~er lo not ~n l~tlgat~on and there i8 no docket n~ber. He that by law he ~o coming ~o the Board as a lao~ resort to t~ ~d resolve th~a ma~Ter and the improprieties ~n the law, notSng Aa ~he du~y of tho Board to come up with a decision on thio matter. He 8~ated that th~o lo on ~he agenda under public pe~tlono ~d he Insisted ~hat he be allowed to read ~hl8 lnfforme~lon In ~8 ent~re~y In oFder ~o make ~he public aware of ~he problems ~ha~ ~here are in the agricultural estates area. Co~oo~oner Saundero stated tha~ it does no~ have to be read Sn~o the record as It will be made part of ~he record. The general consen- sus ~ ~ha~ ~h~o ~er~al no~ be read ~nto ~he m~nutea. Mr. Don S~gre~to 8~a~ed ~hat ~hls ma~er ~nvolveo ~houo~d8 acres of land and thousands of do~laro ~d th~o nfer~al should be read ~nto the record. Mr. Tar~ s~aTed ~hat ~n 1974 ~he K-2 agrlcul~uFal estates d~aTr~c~ Page 6 SKPTKMBKR lg, lg8g was established because the Coastal Area Planning Commission had found that it could not substantiate the water and sewer systems that would be necessary for multi-family and residential areas. He noted that this area cannot be changed aQain in zoninQ because it will affect the environaent and the lives of the people because tt will contaminate the water system because of sewage seepin~ Into the ground ~¥stem. He noted that the Estates district is one of the major suppliers of water for the Naples area. He indicated that the County Attorney was asked to look into this matter because he was issued a citation of violation for having an a~ricultural occupation An the Estates area, notin~ that this area is supposed to be strictly residential. He noted that after checktn~ throuQh the records, he has substantiated the fact that it ia an a~ricultura! district. He stated that he has researched every end of thAe matter and he was told that whatever As in the land use As hie rights and if the word a~ricultural ie part of the ordinance, then all agricultural activities will apply. He noted that a~rtcultural ie not subject to the same regulations aa other zontn~ and baaed on all his Information, he came to the conclusion that the BCC should decade An his favor. He noted that hie livelihood has been established for 8 years and this ie not fair, notinQ that he did the extensive research to show that this land ie still agricultural and has not been chan~ed. He noted that his property deed states that all general a~ricultural uses are permitted. He noted that all ordinances should be clarified es that there are not problems like this with other people. He noted that ha received hie license in 198! and it was stated that it was an occupational license, not a home occupation. Mr. aigrette stated that the County has intentions of rezonln~ the Estates but accordinQ to the research that has been done, the Count~ le not allowed to rezone the Estates. Ne stated that there are a lot of ordinances that need to be clarified An this County before the County has further problems. Comieeloner iaundere directed that the County Attorney review the Page 7 ordinances and if there ts any conflict in them, they should be rec- tified. Mr. Slgrstto stated that it le the duty of the BCC to ~ke a deci- sion regarding this Latter. County Attorney Cuyler stated that this case has not been trans- ferred for criminal prosecution, but the case has begun and the Investigation has begun. He noted that this case ts intended to go before the Code Enforcement Board. Assistant County Attorney Wilson stated that Mr. T&rt has been cited for having retail sales, but not agricultural uss. She stated that after the citation was given to him he spoke with some CoL- missioners and has asked for a legal opinion from the County Attorney's office addreesln~ certain Issues. She stated that the citation was issued in September but nothing was done until now because her office had been spending the time tn preparing a detailed legal opinion. She stated that she tried to address all the Issues that were raised by Nr. Tart. She Indicated that thte Latter will be taken to the Code Enforcement Board who has been delegated the authority to Investigate such a violation. Mr. Tarl indicated that the citation says to cease and desist all wholesale and retail sales and take down all Identifying signs, noting that according to the County Attorney's office they are only indi- cating retail. He stated ~hat under the specialty law the Right to Farm Act comes Into play and establishes the fact that if he is tn this particular location for more than one year then this type of nuisance suit should not be brought against him. Mr. $tgretto stated that the Code Enforcement Board ts not the right body to make & determination on this matter as they have no Jurisdiction because Nr. Tart is challenging the validity of the ordt- nines. 81COND ~l'l'~ ~ FOR GOODLAJID MARINA APPROVED IT~T~ I~ID~,,~AIDll~ TI~T Pegs 8 SKPTKMBER 19, 1989 Planning Services Manager Baginski stated that he provided the BCC with a memo indicating his review of the two plans that were sub- mitted, reviewed and approved for the Goodland Marina. He stated that he tried to indicate the position of staff and tried co point out a few things in the investigation of the information and doctuaents on hand. He indicated that neither the plan, the PUD, or the DRX iden- tifies dimensions or square footage limitations on any uses other than restricting the dry storage facility to 240 boats and the ntmber of wet slips to 100. He stated that he cannot find any actual approval of any restaurant of any size nor does the approved site plan specifi- cally identify the location of marina commercial in the amount of 32,500 square feet. He Indicated that the plan identifies one free standing structure that would be related to marina commerci&l activi- ties, adding that he has not been able to identify any physical increase in the size of the site or Increased Intrusion Into tho mangroves. He indicated that there is some indication that there be a decrease in the mangrove area that has been encroached upon. He stated that there was a relocation of the channel entrance but under the original approved conceptual plans, alternative routes or entran- ces into the canal were approved and if they were constructed in the original manner it may cause encroachment Into the mangroves. He noted that the plan still only approves 240 dry storage areas, 100 slips, and the total amount of parking has been reduced from 480 to 316 spaces. He stated that what he is faced with ts the five criteria within the PUD ordinance Itself that provides the mechanism for deter- mining wh~ther changes are major or minor, adding that he has gone through the five criteria and he Is satisfied with all the criteria except for number five, which la a change in location or a~ounta of land devoted to specific land uses on the adopted master plan. He stated that the site plan approved by the reviewing staff, provides for uses not previously identified on the conceptual plan and there- fore, represents a change tn the location and amounts of land uae. He Pa~e 9 SKPT~4BER 19, 1989 Indicated that whether these uses ars conpatlble, permitted, or even logical te not pert of the reviewing process. He stated that because of the present ordinance and the liberal reading of ~he criteria, he can ·aka no distinction between changes that ·ay ras'xlt tn an approved plan or between those that create greeter Impacts, nor under this pre- sent document does the reviewing Staff possess any discretion to exer- cise its professional Judgment. He stated that If he proceeds with · liberal Interpretation of this PUD ordinance and the five criteria, the sttuatio~ ·ay arise ~n the future where plans or a~ended plane will come tn with greater a~ounte of open space than where originally shown on the master plan and this would constitute · ~ubetantta! change. He stated that he does not believe that this ~ae the ln~en~ of the ordin~ce ~d ~ does not se~e ~he co~un~y, ~t because the criteria ~s on record, he has ~o alternative ~o say tha~ ~hls d~d amo~ ~o a change and should be approved by the BCC. Co~y Attorney Cuyler stated that when ~ems have been passed four or f~ve years ago and then atkent~on ts brough~ ~o the there see~s to be a d~fferen~ analys~s of the plan ~han when originally passed. He noted that certain prov~sions ~n th~s pl~ do exls~ ~d ~he s~aff had to look closely a~ those. He s~a~ed that there are two things abou~ ~he Harco Shores PUD that ~s a ll~tle d~f- feren~, no~ng ~hat the lan~age Is a little different ~h~ mos~ of the ord~n~ces at the present tl~e as well as the ~aster plus that were a~ached ~h~ch were ~he separate areas of development. He lnd~- cared tha~ generally ~oday ~he ~aster plan for a PUD ~s one plan, bu~ ~h~s PUD has a number of separate aas~er plane. Plying Services Nanager Bag~nsk~ stated that Staff is still of ~he opln~on ~hat ~he second plan ~ha~ was ~bml~ted ~d revl~d ~ ~prove~en~ over the original plan and that the pro~sed uses are logical. He sta~ed tha~ a restaurant would be allowed, no~ng ~s par~ of the definition of a marina, and ~hat th~s ~s no~ to deba~e. Page 10 SEPTKI4BER 190 1089 Cosmiesioner Shanahen stated that it appears that Staffta recom- mendation, because of the technical changes, is that this matter be brought back through the County Commission with ampls public notice for approval by the Board. He questioned if this process ie adopted this date, does it mean that work ceases until approvals are granted by the Board? Mr. Baginak! stated that no physical changes in the boundary of the project have resulted that he knows of, adding that theme are basically changes and relocation of uses to the lnter~or of the site. County Attorney Cu¥1er orated that he would have to att down and talk with the developer as to what they plan to do, noting that if they stay with the old conceptual plan he does not think that there would be any problem, but if they want to make additions, he would have a problem with that. Be stated that with regards to the items such as the restaurant, it ia not whether it is a permitted use under the PUD aa a use on the property, the question Ia whether that was a substantial change from the previous site plan. He indicated that it iea question as to whether the Staff approves it or the BCC approves It and because of the Increases in land uses from the original site plan to the new site plan, it has been determined that the BCC needs to review, and if appropriate, approve same. He stated that the reason these are major changes is because the new site plan deviates from the conceptual ette plan whlc4 is a very specific conceptual elto plan compared to other master plans that are attached to PUD'o. Dr. Fran Stallings, representing the Conservancy, stated that they were one of the parties to the agreement and their primary concern ie that the intensity of use that actually occurs be in line with the intensity of uae that ie in the settlement agreement. He stated that they have asked the applicant to agree to several things that are clarifications and wall hopefully avoid problems tn the future. He orated that they maintain that they have the right to review the upland use. He orated that they are asking that pursuant to the terms Page and conditions of the Deltona settlement agreement, Maritime Venture X will submit to the Conservancy and all other parties formal notifica- tion of and Justification for any proposed modifications to the uplands development area; Maritime Venture will make & legally binding couunitment that there will be a maximum of 107 wet slips and 240 dry storage slips; that transient and service dockage will not be allowed along the walk. ay on the south side of the dredge basin opposite the service and dry storage facilities; that open air dry storage of boats will not be offered to the public° to members of a yacht club or marina or other similar groups but short-term open air storage will be allowed for new or used boats being offered for sale at the marine and for boats held at the marina on a temporary basis for repairs; and that it would be appropriate to have a manatee protection and aware- ness program to be put into effect. Mr. Clarence Smith stated that he spoke with people from the Florida ~tuseum of Natural History and questioned when they were going to do an archeological study on the Goodland Marina and he was told that it was done around the first of August. He indicated that this land has been stripped months ago and there was never an archeological study done. Mrs. Charlotte Westman, representing the League of Women Voters, stated that she feels that the League would support the decision of the Board to bring this matter to a public hearing. Mr. Richard Aaron stated that the Archeological and Historical Society conducted their study prior to any upland clearing and pre- sented a )~tter with regard to same dated June 15, 1989. He indicated that he Just received the letter from the Conservancy and has not had time to respond to it yet. He indicated that if he understands correctly and a literal reading requires some type of new process, he is not prepared for that, noting that they will go forward with the old plan. He indicated that he ia not interested in going through another complete hearing. He questioned if it is possible that the ()(-~f)l 9 Page 12 BCC Bake the deteraLnatIon this date, to which County Attorney Cuyler replied negatively. County Attorney Cuyler stated that tf the Board were to approve the uses on the second sits plan that have been dee~meted, It would have to go back throvgh the PUD process. He stated that the developer has the ability to ltait those additional uses, which include the restaurant and the additional commercial. Planning Services Manager Baglnsk! stated that under the original approval, he does not believe that there is anything that was approved on the second plan that ts not a permitted use, specifically the sales, the related com~ercial bait shops, the restaurant, noting that he feels that it was approved as a permitted use or accessory use within the original PUD docueent. He stated that it is not so much the square footage or the amount of square footage that ts tn question, but ~s use itself. He stated that one use that was not shown ts the marina related commercial on the first plan ae opposed to the second plan. He noted that the PUD document approved as a per- mitred use a marina for this section, but it did not provide defini- tions so he used the definition of marina under the existing zoning ordinance that does provide or allow on-shore restaurants. He Indi- cated that the uses are not tn question, noting that it ts simply that one plan was approved without them and one plan was approved with them. County Attorney Cuylsr stated that it is a permitted uae under the PUD but it Is a substantial change or a major change from the original site plan to the second site plan and this means that the BCC has to sake this approval ~f it ts to be sade, not the Staff. He noted that even though the restaurant may be considered an approved accessory use to the marina, it ts not within the Jurisdiction of the Staff to approve it since it ts a major change from the original site plan since it was not located on the original sits plan. Page 13 Mr. Aaron stated that Mr. Bagtnskt's point is wsll taken when he says that it lo inconceivable that an issue as complex end highly debated as this one apparently was, would be approv, d without specific language in any one of the documents to restrict the size, location, or square footage if they were that critical. He noted that by directing Staff to make a liters! reading of this matter, it is causing confusion, adding that he is willing to go back to the origi- nal plan because he does not want to go through the entire mnendment procedure. In answer to Commissioner Volpe, Mr. Aaron stated that there is nothing that stops him from building a restaurant according to tho original plan because it is one of the uses, adding that they s~mpL¥ have changed the location because they would like to save SOma space and remove some parking spaces because this may be a better design. Commissioner Saunders questioned Mr. Combs as to whether he would prefer the original plan or the second site plan because it Lo evident that there is going to be a marina pro~ect at this sits? Mr. Elhanon Combs stated that he would prefer that they use the original plan, but he is not in favor of any of the plans. He noted that they have destroyed acres of mangroves and DER does not Like the plans at all. He indicated that this is all part of tho settlement agreement but it is creating a lot of problems for everyone. Mr. Janes Kornse stated that he ~s not in favor of this pro,oct, noting that when trees were supposed to be flagged, they were not, adding that they were flagged after everything else had been destroyed. He noted that there seems to be a lot of d~screpancies as to when things were done and if they were done. Mr. George Keller, President of Collier County Civic Federation, stated that he feels that this entire matter should go back through the public hearing process and amendments. Conissioner Saunders stated that it appears that the ~soue is 8~mply whether Staff was proper in approving the second s~te plan and Page 14 --- SEPTEMBER li, 198i it they were not, then the Board needs to direct the petitioner to go through the proper procedure tor a.ending the site 6~velop.ent plan. Co..is.ioner Shanahan stated that he teels that it ie important to ask Statt to review the POD and bring it back betore the BCC tor tinal approval. Coaais.ioner Haese questioned it the work will cea.e on this land .0 that there i. no turther clearing, and Commis.ioner Saunders .tated that it they build according to the tirst development plan they can proceed, but if they build according to the second site developaent plan, then any construction that would be inconsistent with the tirst site develop.ent plan would not be permitted to be built until atter they co.e back to the Board. Mr. Aaron stated that it they decide to go through with the con- ceptual plan, they will go and clear out the re.t that they already have peralta tor. o-t_1oaer ~Man 8O98CS, eecODded by CO881_10D81' ....., that ÖI8 "'UC8D~ ... zo.qu1re4 to go through the .1t. plllD nrriew plÔC'... Dpora 8811 tor t- qu88tlon, the 8OUon taU84, 2/3, (C0881..10D81'8 Volpe, -....tght, aDd k1md8re 0pp088d). County Attorney Cuyler stated that Statt had two separate points; one was the restaurant and the second was the additional comm.rcial, noting that Statt's position is that the restaurant was never approved as tar as the site plan was concerned and that would always have had to co.e to the County Co..lssion. Co..i~.ioner Saunders stated that he believes that there Is a con- sensus that there Is satisfaction with the new site plan but there i- .till a que.tion concerning the restaurant. He asked it the slta plan is approved, would the petitioner agree to co.. back at a public hearing with reterence to the restaurant? He indicated that Mr. Aaron can build a restaurant in conjunction with the dry storage tacility and the request 1s to build a restaurant that is not a..ociated with that tacility and his suggestion by way ot compromise is that the new Page lð ("",n.~~ SEPTEMBER 19, 198i aite plan be approved with the exception ot the new tacilit:y and the place.ent ot that facility be brought back at a public hearing. Mr. Aaron stated that this seems reasonable but ne would like to be able to discuss th:s with his client. He indicated that he understands that it is not the question ot u8ing this for aoae par- ticular use that is consistent with the POD, it is simply betore this is done that there be a public hearing. Co..iss~oner Saunders stated that the Commission would have the opportunity to deteraine whether anything could be used on that site. He stated that his proposal is that this area be developed pursuant to the new ma.ter plan but that the question ot the .iting ot the new tacility be lett open tor a public hearing and the Commission would have the authority at that time to determine whether the tacillty should be built and it so, where. Mr. Aaron stated that as a matter of procedure he would agree to that, but he does not want it to be considered as a waiver of any rights he may have. He stated that he feels that this is a reasonable solution depending on how reasonable the review process is. Commis.ioner Saunders stated that everyone has agreed that the second site plan is superior to the first one. If t..1OD8r lIoodD1ght 8O98CS, eecODded by CO881..10118'1" Volpe, that ÖI8 ... TI1 t .1 t. plllD be appl'ove4 with the 1md8r8t:IIDd1DCJ that the pzoç...4 baJl41Dg .it. t:h..ê: 18 not on the orlg1Dal .it. plllD DOt be pera1~ .,..tU it C0888 back batore the Board. Upon call tor ~ .-at:1ao, ÖI8 8OtlOD. carried 3/2, (CO881..1cmar8 Sb-n.b.a aDd c- ,..~ -- oppoaec!). ..... ft8ce88: 11:16 - ftacouvanad: 11:30 A.M. ..... It- tÞM2 nJIAL PLAt' or C1tY81'AL LAD 'l'DKACES A'1' DOLK CUB - APPItOV&Þ SUB.JKC'l' 1'0 Sf'lrva.A1'IOJIS - PDSOJQL BOlQ) '1'0 BE DKLftD County Attorney Cuyler stated that with regard to Item 1.A2 and 1.A3 which is now Itea 9A2 and 9A3, the personal bond needs to be deleted troa the documents, but the remainder is still to be approved Page 18 00023 ...... .....-.----.- .... --' SEPTEMBER 19, 1989 wlth staff reco..endatlon. c t..10D81' I_~ 1IOftHS, _cODded by CO881- '<..mer -- 8D4 carried ~1~ly, that the UDal plat ot Cryatal Lake Tarrae- at Eagle creak be *lr'I'lOVed with the 4aletlon ot the par80D81 bcm4 aDd 811bjact: to t- tollowing etipulatione: 1. Accept the SUbcUvlslon C0D81:ructloD Bond - 88C1U'11:y to ga&r1lD- t.. ØO8pletloD of the subdIvIsion 1aprove..ute. 2. Au1:borlze the recordIng ot the rinal Plat ot K8g'le Cr_k K8t:at- at K8g'le Cr_k CO1ZDtry Club. AUÜIOrlze the Chairaan to execute the C0D8tructiOD and 881D t8D11DC8 agr --n t . 3. ... ftIrt DO Cert:1f1cat- ot OCC1JPIIDCY be grllDta4 1JDt11 the 1'8Ip1rec1 _lQ~._...ta have rec:alve4 preUaiaary 8CoeptllDC8. P8ge 1~ npr)~" . .....-.....-."... .. nJIB ft AT c.r . ~ - C1II:u: ItSn TO AT JUQU C1II:u: COlJ~ ~ - ..,.~ ~ TO STIPtTL.f.rrows - PDS<m,u BOJm TO I't8a "\1 ~&rÅ&a..A 4~, 1».» c i"l00er Sha?¡"".n 8OV1td, 88Conded by Co8ai..1oaer "- and C8n'1" ""ÚIo1I81y, that the final plat ot CZ'y8tal Lab 1'erracee at ""'1. Creek be 8p¡o10'V-d w1th the deletlon or tb.t pal8vùal boad and 88bj8Ct to tbe followlng atipulationa: 1. Ac~pl tiae SUbcUviaion Conatruction .Bon4 .. 88CUr1ty to guaran- tee CO8p1et:1on ot the aubdiviaion i8pl0Vw-.ut8. 2. AiIrtJ:acnoJ.ze the r~Ording or the Pinal Plat ot Cryata1 Lake ~¿-- at K.8gle Cr"k. 3. bthori.ze the Cba.1raan to execute the conatruct:Ion 8ZJd 88iJst~ce agr""'J1t. ,. 1'h8t DO Cert:If.1cat.. of OcC'Upanc:y be granted 1II1t11 the ~ .18p...o...--uta have rece.1ved prel.1a.1uary ac~. tÞ- ,. ...-." a~..... 1.,1.'. I U8 ft&4 USOLftI08 ..-2U UCUJtDIJIG ADOP'l'IOB or nw ZO.IJIO MAPS - ADOPRD County Attorney Cuyler stated that with regards to the iapl..en- tat ion ot zoning maps, he has no problem with this but it should be done by resolution. He stated that everything is in order and all the noraal safeguard procedures will be tollowed. Clerk Giles stated that he has concerns with respect to safeguards as to whether what is being adopted by the Board is what is being digitized. County Attorney Cuyler stated that this is something he will have to diacu8s with Clerk Giles in order to come up with the best .ethod to sateguard these in the tuture. Clerk Giles questioned it the maps tor North Naples are balng approved in this resolution, to which County Attorney CUyler replIed att1raaUvely. ~J t_10D8Z' II888e 87V8d, -COD4acI by C088I..10D8Z' tn.._htm 8D4 carr1" ...111O1181y, that It88olutlon '.-2'2 regarding 8dopt:1cm ot D8W acm1.. ..... be adopted. ~~ ;t:¿ (! ~ i;; ~ ()2 ~ ~ ~ 7J ¡;-v- F /9 ftf Page 19 or.~~..t .1 "-,,,,-"".-'-.-....--'.' SEPTEMBER 19, 1iO9 lwa Ø«:1 ~ 111ft - ~ 1'D nanSIOJI 01' I1JJII)8 ntœI 1'D nAB r.a&LIDD u.IJ:II A88IftUC8 8a&II'f OJ( ---aT.. or 1'D COLLID JlVllLIC DAL'I'II VIII'" - Arr-..., Public Services AJain1strator O'Donnell stated that this is simply to ask the Commission to sign a contract on behalt of the Collier County Health Unit with HRS to receive $49,036 in funds to provide health services tor legalized aliens, adding that this is eimply a pass through grant that would com. to the County through HRS which would then be turned over to the Health Department. He stated that there is no tiscal impact to the County and the contracts have been approved by the County Attorney's otfice. CI t-Icmar ~.h811 8O98CS, _conded by C088I_I0D8r Volpe aDd carr1" 1ID8Ri80a81y, that the contract with as tor the proy181OD of f1mda rraa ÖI8 Stat. Legalized AUen b8I8t:anc8 GrllDt em. behalt of ~ Collier PtdtUc JIeeJ. th Unit be approved. Page 20 (lnn.~ ;) -....--..-..---..-- SEI~TKMBKR 10, 1080 dat~on that the ~osr~ a~rove an Interim agreement ~tth the ~orth Znc. and the Go~nt¥ to ~rov~e ~ater mervtce to a new ~tre station that ~s being conatr~¢ted on ~mmoka~ee Road ~t east o~ Z-?~. Ke stated that this agreement t8 interim tn that the North Naplee Utlltttee, Inc. will provide the water service until such time ae the County has faciltttee available to take over that eervtce and at that time, the Fire District will incur the coot of dte¢onnecting from the North Naplea Utilities and making connection to the County system. He stated that the agreement has been reviewed by the County Attorney's offftce and found to be legally sufTtclent. Couad~otoner Hesse moved, seconded by Commtaa~oneF Volpe and c8~z*lodunmn~mouoly, that tho $nterSm agreement foFmtoF OO~V$CO tO North Jlapleo Fire Control and Reacuo D~mtr~ct be approved. Page 21 SEPTKNBER 19, 1989 Utilities Administrator Arnold stated that this Is a recommen- dation that the Board approve an interim agreement with the North Naples Fire Control and Rescue District with North Naples Utilities, Inc. and the County to provide water service to a new fire station that to being constructed on Inunokalee Road lust east of 1-75. He stated that this agreement is interim in that the North Naples Utilities, Inc. will provide the water service until such time as the County has facilttAes avaAlab]e to take over that service and at that time, the FAre District will incur the cost of disconnecting from the North Naples Utilities and making connection to the County system. He stated that the agreement has been reviewed by the County Attorne¥*e efface and found to be legally sufficient. ComLiostoner Haaoo B~vud, seconded by CoB~tooloner Volpo m~4 carried unentBouoly, that the interim agreement for ~ater s~rvtce to North l~ploo FiFe Control m~d Regcue District bo ~pproved. Page 21 SEI:~TKMBKR 19, 1989 Legal notice having been published in the Naples Daily News on July 30, 1989, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for RFP #89-1458 for prcpert¥ and casualty insurance until 2:00 P.M., August 24, 1989. Co~uaieetoner Saunders stated that he would like some aseurance that the County has sufficient public officials liability coverage and that the civil rights coverage ts sufficient. Administrative Services Administrator Ochs stated that both of those coverages are in place under this program and will be suf- ficient. He indicated that proposals were solicited to renew this Insurance coverage and proposals were opened on September 1, 1989. He noted that two proposals for all-lines aggregate were received and under that approach, the County would maintain funds under its own control like the self-funded workers compensation program and pay claims as they are incurred, noting that this would give the County the cash flow advantage of accruing Interest on this money as opposed to paying premiums up front to an insurance company and having them Invest the money for their o~n benefit. He stated that the exposure for property and liability would be protected through a specific retention level as well as a maximum loss fund that would limit th~ paid claims liability In any one given year. He stated that with the recommended all-lines program, there would be a $25,000 per claim retention level for all property losses and a $50,000 per claim reten- tion level for liability and casualty losses. He reported that the maximum liability under the recommended program for paid claims in any one planned year Is $300,000. He stated that claims administration services for the program are being recommended for Coroon & Black Management, Inc. who would provide investigation and adjusting ser- vices on the claims as well as preparation of claim flies to prepare Page 22 SEPTEMBER 19, 1989 them for legal defense and on-site lose control services as well. He referred to Page 2 of the executive summary which Indicated the fixed cost, the estimated claims payment, and a total cost for the program. He noted that the County would be reserving funds at the expected incurred loss level for the next planned year and would accrue interest on those funds as they are set aside. He stated that based on the projections of the underwriter, Staff ts expecting that the program will cost tn total $549,088 for the next plan year. He stated that when t~is figure is compared against the current program renewal quote, it would result tn a net savings of $183,300 to the County for the planned year beginning October 1, 1989. Commissioner Saunders questioned if there ts any litigation costs and counsel fees, to which Mr. Ochs replied affirmatively, adding that the expected payment of claims of $46,320 for the next plan year does include legal services as well as paid claims. He referred to the last attachment in the executive summary which provides a five year loss history for the property and casualty programs. He indicated that the plan year recently completed shows expenses of $11,87! of actual paid claims and premiums of $681,066. He stated that it ts this kind of claim history that lead him to recommend to the Board that they proceed on an all-lines self-Insured program. County Attorney Cuyler stated that a lot of counties are going with self-Insurance, noting that the upcoming years are a little uncertain because of the new Growth Management Plan and it ts hard to anticipate litigation, but It is not something that he would recoil, end against. Mr. Jeff Walker, Risk Manager, stated that currently under the Florida League of Citizens program, the County carries $1 million of public officials liability to protect officials from the Commissioner level down and tn terms of coverage under this program tt will be the same amount of liability but everyone from the Commission down to the volunteer level of a public official would be covered. He at&ted that 00128 Page 23 SEPTEMBER 19, 1989 under the current progran, the County is covered for up to $1 million for claims bills and civil rights violation and under the new program It will be basically the same manner, only broader. Commissioner Saunders questioned who would cover the litigation cost of a public official under the proposed plan, to which Nr. Nalker Indicated that It would be covered within the self-Insured retention level and under the aggregate retention level of the proposed plan which to part of the accumulated loss fund that will be developed to protect the County. He stated that once the County reaches the 8300,000 maximum loss level, the re-insurers will pick up everything above that. Commissioner Saundere questioned if there ts any official action needed In the event that there is a lawsuit against individual com- missioners which ~ould require the litigation cost of public officials to be paid by the County, to which County Attorney Cuyler stated that this resolution Is In place at this time, but he ffould research the records to verify same. ~lLt~tdls~lz~ilol~ly, t~t ~ ~89-1488 bo mSmlLrdod tO XllmlLt*sz~"o mild Risk ~t ~rvicss, Inc. of N·ples, Fl. mad n~aott·ts · two Twit ~t~ ~ ~ i Bl·ck ~t, Inc. for claims Idlin- It, ll ~ O~ ~ ~ ~R A P~XOD O~ O~ ~ - Environmental Services Administrator Lorenz stated that this ~s a request from the Board to Implement a major groundwater protection program In the Pollution Control Department, which ts a petroleum storage system compliance program. He stated that as part of the Growth Nanagement Plan, the County Is required by the end of September, 1989, to implement a petroleum storage tank Inspection program and work with DER to avoid any duplication of efforts. He Page 24 SEI~I'~B~R lg, 1989 noted that the DER has money available to contract with local govern- menta to perform inspections and monitoring activities for pollutant petroleu~ tank systems. He indicated that in Collier County there are over 328 registered facilities of which 103 have been identified to be known to be leaking or suspected of leaking. He reported that this contract with DER would obligate staff to do the inspections and the monitoring as well as follow-up and enforcement. He indicated that this has been put in the proposed budget for next year, noting that the DER will reimburse the County not to exceed $86,628 to perform this program, estimating that once this program ts fully geared up, it will cost approximately $83,O00 for additional years. Commissioner Yelps questioned who would do the inspections if the County did not enter into this contract, to which Mr. Lorenz stated that DER would have to find someone to do them, but they only have sufficient staff to get to one site every five or slx years. Commissioner Yelps stated that he has a problem with this as tt is a State Statute and should be handled by the State, adding that there are already safeguards in place and all tanks have to be registered. He stated that If a tank is not properly registered, a supplier cannot deliver fuel otl to that tank. He Indicated that the cost is being absorbed at the local level Instead of the State level. Mr. Lorenz stated that this Is why the Pollution Control Department was formed In 1984, because the State does not have the means to do this work to the satisfactory standards that Collier County wanted. Commissioner Saunders stated that he was concerned with the fact that the State was not doing what they were supposed to do with environmental regulations and the Commission felt that it was necessary for Collier County to take the lead In doing this. He Indi- cated that the groundwater is what Collier County people will be drinking and it needs to be protected. Commissioner Shanahan stated that it is a serious problem when Page 25 SKPTKMBKR ~9, 1989 one-third of these tanks are potentially leaking, adding that it le also part of the Growth Management Act that there be a storage tank compliance policy, ~ ~ ~ ~ ~ ~t~ o~ ~ ~ tn r~ ~or ~ ~t to Page 26 SEPTKMBKR 19, 1989 DXSCUBaX0g J~mumnm owl cOunTY coto~ssxol MgrrxJm ~ ~ Oommtssioner Hasee stated that he feels that this would create a problem as a~ ~he re~red e~pment and facilities are on-e~te. Co~8s~oner Volpe state~ that the ~n~en~ ~8 a goo~ one ~n of encouraging more public participation, adding that he does not favor th~s ~art~cular proposa~ because of the acco~odat~on8. He otato~ that he has concerns w~th the Staff being ~n the meetings the entire day. He etate~ that as an alternative he woul~ that one meeting a month be scheduled in the evening. Co~88~oner Saunder8 orated that a problem w~th the n~ght meeting ~o that the Staff ~o pa~d to be at work during ~he da~ ~d ho that the retirements on Staff should be l~m~te~ es one c~o~ e~ect the Staff to work all day and then a~l night ales. He stated that he does not l~ke ~h~8 ~art~cular plan. Con~ss~oner Shanahan o~ated that he feels that ~t i8 a ~ood ~dea to have co~ss~on meetings at various sites ~n various d~str~cta. Co~os~oner ~oo~ght stated that th~o was on~ ~one once and that was when they ha~ a meeting ~n I~okalee to talk about So~ Waste. She stated that she fee~s that it wou3d be very th~o wa8 done and would give 9eople an opportun~t~ for public ~nput. OonAseAoner Saundero stated that he ha8 no object,on ~o 8che- dul~n~ a meeting on occasion ~n any of the various d~otr~cts to public ~nput on ~ssues that may come up. He noted that th~s coul~ be done ~n I~okalee or Marco Island, but he does not see ~y sense ~n ~o~ng ~t for North Naples, the C~ty of Naples, East Naples, or ~olden ~ate. CeaSe,loner ~oo~ght stated that it shoul~ be ~on~ for the Go,den Gate Estates Master P~an and when the so~d waste completed, ~t 8houl~ be t~en ~o the public. Co~oo~oneF Sa~dero stated that he agrees w~th thio ~d these t~e of meet~ngo 8houl~ be oat up a8 special meetings ~n those areas. Page 27 SEPTKMBKR 19, 1989 T~ Contsstoner Volpe stated that he would like to encourage the Board to consider scheduling an evening meeting for tho public. Clerk Giles stated that there are staff constraints with him and when he or Mr. Yonkosky are In the meetings, there Is staff that ts not being supervised or managed. He noted that during the evening he typically works and then he does not have staff available that can assist him with things that he needs done, but If the meetings were In the evening then he could be in his office during the day with his staff who would also be there to assist him. He stated that his point Is that you get better utilization of all your people when you are with them during the day and in the evening you do not have that con- cern. He Indicated that he would like to see some evening meetings. Ita~ ~ ~ ~ THE CITY OF NAPLES AND COLLIER CODNTT TO ~ St 1089 Com~isstoner Sa'anders stated that this is a one time contribution from the City of Naples, noting that at soms point, tbs County may want to consider asking for additional money. He indicated that it also states tn the contract that thts is to be used solely for the current contract with Coastal Engineering and that no Change Orders will be executed by the City of Naples. County Attorney Cuyler stated that this has to be reviewed because this Is something that was not in the draft that was sent to the Gity. Mr. Harry Huber, representing the Office of Capital Projects Management, stated that on the second page of the agreement, Items i and 5 ~re not Included in the original agreement that was forwarded to the Oity by the County Attorney's office. He stated that he does not have a contract with Coastal Engineering that is in effect at the present time. He indicated that a contract is being negotiated with them. Co. Isotoner Saunders stated that he does not feel that a complt- Page 28 cared engineering contract can be developed without having some Change Orders, noting that tf the County has to deal with City Council ever~ time there Is a Change Order because of a $100,O00 contribution, it ia not in the best interest of the County. County Attorney Cuvier stated that he spoke with City Attorney Rynders with regards to the first part of Paragraph 4 and indicated to him that the County does not have a current contract with Coasts! Engineering and ~est~oned if the C~ty Counc~ ~s talking about the upcoming contract. He stated that ~. R~de~s ~ndtcated that he was not at the aeet~ng and cou[d not speak to the County ~anage~ Do~II stated that this ttea could be continued ~d some of the Co~ty~s concerns could be ~e~ated to the C~ty of Naples. Co~tsstoner Sanders stated that the only reason ha c~ see that would Juot~fy the reasoning for the Chugs Orders ~o ~f there wa~ a Chugs Order that excluded the C~ty l~mtts from the project. ~~ ~1~, t~t thia tt~ ~ c~tt~ for ~ ~. Clerk Giles stated that the resolution specifies that this ~ould be paid from beach parktn9 revenues and ~estioned if this affects the Co~ty~a formula for their contribution, to which $a~dera stated that this ~as another ires that he had concerns Cowry Nanager Dorrill stated that he already has · note to discuss thlm matter with the City Manager. ~ ~ 1~298; 8~302/309 - ~D F~n~ce DLrector Yonkosky stated that two of the budge~ ~end- ment8 have been previously discussed with the Board ~d eLghT of them relate to matters that have not been previously d~scussed ~ the Board. be4m I~'--~JLma~.l? dJ. Bcu:~.ed I~ ~ Bo~'d; GA 89-298; ~9-~01/306; C:mmrL~lc.~ Goo4~Ight ~, ~~ ~ C~tsst~ ~o1~ Accept the eocr~ agreemen~ a8 oecurl~y to ~aran~ee comple- ~ion o~ the Sub~ivielon ~nprovemen~s. 2. Au~orize t~e re~ordin~ o~ t~e Final Pla~ o~ South~r~ on the 3. Authorize the ~hatrm~ to exeuc~e ~he conot~c~ton ~d maintenance agreenen~. 4. That no ~ertl~tcates o~ Occupancy be granted ~ll the re~Fed impFovemen~s ~ave received prel~m~nar~ acceptance. ~a 8~24~ ~DXH ~R ~~ 01 LZ~ ~ ~ 4, ~ 380 ~a 1~2~ K~ ~ ~~ 01 LZ~ ~ ~ 21, Xtem Page 30 SEP"L'KJ4'BKR ~0~ 2989 JlISQLUTZQII It"liT P'ROVZDZIG /OR AsmsN~]I~ 01 ~ZII 0l LOT 16, BLOCK 234, UBITT 7 - M'n'm(L&T~~___ - JLDOPTI3:) (AR"L'HTFR & P&OL111KNITS4~I) Zte~ ~14&11 PJKTV/DZIIG fOR JLSSKSSI4KFF OF LTKil OI EOT 12, BROCK D, A~OPTIV (L~,,w~-~ & V*ZCTOR iT-mqZCHT) See P~_~.~. /'_~. o~ Zt~ue14&l~ RIHOLIFTZOI 80-249 PROVZDZIG IPOR JLSSKSSMK~T 01 LZKII OM LOT 9, BLOCK 82, UlrL'T 3, GO~m~A~E - ADOFFED (LEOJI~I VAZ~) See I:ESOr,,UTZOI 80-280 PROVZDZI8 Iq)R AsmsMzFZ' OF LZI~ O!1 LOT 20, Br, OCl: B, RISOLGTZO~ 00-201 PROVZD:I;NG /'OR ASSKSSMKJIT OF LZ~ ~ ~ 17, ~ 64, ~~ 8~282 ~DIIG ~R ~~ O~ LZ~ OM ~ 39, ~ 47, lt~ ~1411 ~ c.R. ~1 ~ 2~ ~~ ~.~*s ~~ ~W ~ 88/80 See Pa~e~ ~~ ~ ~c~ Ztem~24Dl ILILPAll3:B~, UIrZT ZZ, AT THKVZJlKYARDS, MATI3qAIID BIItERFACZLZTZIS &CCll3~efm~- mmJ~-r TO S'Z~'a~TZOrS Pa~ 31 SBPTKMBER 10, 1989 1. The Florida DER furnishes a letter authorizing to place the sewer ryatea Into service and approving the water distribution system for service. 2. Bacteriological testing has met the County'8 requirements. 3. That all legal documents are found to be legally oxtfficient by the County Attorney. Recorded tn O.R. Book 1471r Pages 233-236f 241-164 Zt~m d~40~ 1. The Florida DER furnishes a letter authorizing to place the sewer system into service. 2. The legal documents are properly executed. Recorded in O.R. Book 1471r Pages 206-232 BID 4140"1441 FOR COISTRUCTZC:~ OF P~ZIG ~ AT ~ ~ ~ILITI~ 6~ '~ OF 010,108 BID ~~ ~ ~ ~~ZON OF A ~l~ ~~ AT ~ ~Z~ ~ ~ F~ILI~ - ~~ ~ V~~T ~Y ~~ ~. ~ ~ ~ OF ~19r882 Zt~ ~ 1. The Florida DER furnishes a letter approving the water distri- bution system for service. 2. The fire flow and bacteriological testing have met the County's requirements. 3. All legal documents are found to be legally sufficient by the County Attorney, including Plat Book and Page information incorporated in the legal documents. Recorded in O.R. Book /~7~ , Page8~ FOR FXSCAL YEAR 1989-90 AS PROVIDED FOR WITHZ1 ~ COBTRACT - TO BE ADJUST'KD looo 1. New Year's Day January 1 Monday 2. President's Day February 19 Monday 3. Good Friday April 13 Friday 4. Memorial Day May 28 Monday ,, ,I54 Page 32 SEPTKMBER 19, 1989 5. Fourth of July 6. Labor Day ?, Vetsro~'s Day 8. Thanksgiving Day 9. Day after Thanksgiving 10. Christmas Eve 11. Christmas Day July 4 Wednesday September 3 Monday November 12 Monday November 22 Thursday November 23 Friday December 24 Monday December 25 Tuesday AUTHORIZING TR~ EXECUTXOM OF THE FURCHASl A~IREKMKNT SALIS TRUST COI~'KYKD TO COLLIER COUBTY BY AVATAR See Page* ._~"./~, / Ztmm t'2.4B4 BAD IJUMB~B:B 80-1414 ~ 80-1430; 89-1434~ ABD 80-"14S6 FOR yeas 1000/90 Legal notice having been published in the Naples Daily News on July 13, 2989, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for various annual bids until 2:30 P.M. August 16, 1989. BAd~OO-14Z4 for asphalt and related items awarded to APAC, Florida and Better Roads, Inc., for a total estimated amount of $719,000. ~ld d~09-1418 for culvert pipe awarded to 3oelson Pipe Company, Hydro-Conduit Company, Larson Drainage Systems, Naples Culvert Pipe and Southern Culvert Pipe for a total est/mated price of $38,000. 9Jd d~-~416 for ltmerock and fill awarded to APAC, Inc., Highway Pavers, Inc., Florida Rock Industries, Harmon Brothers Rock, Harper Brother8 and SeaCon Industries for an estimated total price of 8333,000. B~d'~9'-t417 for dally cover and fill material for landfills to b~ awarded under a separate executive summary by the Solid Waste Dep?. ~$d ~-1418 for aquatic plant chemicals awarded to Helena Chemical Company, Future Horizons, Applied Biochemists, Aogrow of Florida, VanWaters & Rogers, Lykes Agri Sales and $. L. B. International for a total estimated price of $356,200. All ~ AS b~d~ F~ect~d. Bid ~POO-~19 for Helicopter Spraying awarded to Harold F. Brown Helicopter Service for a total estimated price of $15,000. ~td,fW1429 for Emergency Electrical Service awarded to Phelps Electric Company for a total estimated price of $45,900. ~d dqJO-t4~1 for Portable Toilet Rental awarded to J. C. Drainfield for a total estimated price of $10,000. 9td~-14~ for fertilizers awarded to Sunniland Corporation for a total estimated price of $15,000. Bid ~-14~$ for grass seeding awarded to Sod Busters, Inc. for a total estimated price of $31,fl00. BAd~-I4~4 for t-shirts awarded to Happy Endings for a total est/- mated price of $10,000. Page 33 SEPTEMBER 10, 2989 ,~d ~00-1420 for milling of existing asphalt roads awarded to Turtle Southeast for an estimated total price of $26,000. Btd~9-1&~6 for contractual services for traffic signal Installations awarded to Mid-Continent Electric, Inc. for a total estiuted price of $640,000. Bid ~O-14~7 for Class vi concrete traffic poles awarded to Southeastern Pre-Stressed Concrete, Inc. and Class VI concrete traffic poles awarded to Hid-Continent Electric, Inc. These contracts are estiuted at 846,698. ~lddi~9-l~2O for traffic signals and components awarded to Control Specialists: Transportation Control Systems; Signal Enterprises; Traffic Control Components and Engineered Castings for a total esti- mated price of 9194,582. Bid ~-1429 for sign blanks and posts awarded to Municipal Sign and Supply Company for a total amount of 9160,000 and bid for 4 x 4 pressure treated timbers be rejected and sole source supplier for Kpoxy Adhesive Kits be awarded to State Contractor E-Bond E-Poxie Company. Bi4 ~9--14~ for anonta, chlorine, C0/2 awarded to Bower Ammonia & Chemical Company, Liquid Carbonic C02 Corporation and Jones Chemicals for m sum total of $100,000. Bid ~9-24S4 for Ballftelds lining paint awarded ALL Florida for a total amount of $12,380. Bid ~8~456 for bagged ice awarded to Atlantic Ice Company for a total amount of 012,000. Pursuant to County Purchastn9 Policy, the contractor for Roadway Paint and Thermoplastic Markings has been renewed by the Purchasing Director and it is requested that the amount be increased to $158,000 to cover the coming year's anticipated needs. BiD eOO-l&6S i'tm & Jmlx2r,,&R SC&LIHOtml - AHARDt'-- TO DXAMOgD Ilm'rllllZD ~, Z,UC. LU THE AMomrT Ol, ~orlo6 lmSOLUTZOg 0O-284 BIAPI~ZIT'rIm J. CA OrZTH l, On J J'OUR-YEAR TI:IM TO TI~ II~II~XC vSl~cZ~ Lovx~ cowr~T'r~ See Pag, ~ 7--O. / Xtmm#14Jl CIRTXJT~TI~ OF~CTIOJITO THI TAX ROLLS AS PRISIIITIDBYTHI 1986 TAX ROLL No. 245 Dated 8/8/89 No. 247 Dated 8/8/89 1987 TAX ROLL NO. 385 Dated 8/29/89 No. 386 Dated 8/30/89 No. 388 Dated 8/31/89 Page 34 SEPTEMBHR X9, 1989 1988 TAX RoLL Nos. 238/241 Dated 8/7-8/30/89 1988 TANGIBLE PERSONAL PROPERTY No~ 1988-137 Dated 9/5/89 No. 1988-138 Dated 9/6/89 X~ m'A43~ ~d~ _m~_TW T~wY~-'_~ ~ X~'?-~a'X"~ W05. 49973, 88833, 6X566r 46645, A-wD 89950 There being no objection, the Chair directed that the roll,lng m~scell~eous correspondence be filed and/or referred to the various dep~tments as Indicated below: Co~ of memo dated 9/~1/89 from Jim Giles, Clerk of Courtm Tom Co~ecode, Ac~ng Director, Office of Capital ProJmctm, re Population Projections. xc: F~led. 2. Letter dated 8/31/89 to Co~iss~oner Burr L. Sm~derm from Robert G. Nave, Chief Bureau of Local Planning, DCA, h~m for submitting copies of proposed comprehensive pl~ amen~en~s for their review, xc: Nell Dorr~ll; St~ Ltto~nger; and F~led. 3. Le~er da~ed 9/5/89 ~o Chairman Bur~ Saunder8 from PR~Flck Ke~ey, ~nv~ronmental Special~ot, DER, re Collier County - ~R, F~le No. 111694065, Rober~ T. Uhl~ch, enclosing 8hor~ form appl~ca~ion, xc: Filed. 4. Copy of le~er da~ed 9/~1/89 from Kirby B. Green III, Direc~or, Division of Beaches and Shores, D~, ~o Sco~todale Company advising of Exemption S~atu8 of ~he Le Park PFoJec~ CA~y of Naples Building Permt~ Number: 87-3994, D~ N~ber E~ C0-0029. xc: Nell Dot,Ill; B~ll LoFenz; Flied. 5. Cop~ of letter dated 9/11/89 from Kirby B. Green III, Director Division of Beaches and Shores, DNR, to Mr. Tom Lof~en, advising o~ Exemption Status of the Swintng Pool, City ~apleo Building permif number : 1235, D~ File N~ber C0-0010. ~c: Neil Dorrill; Bill Lorenz; and Filed. 6. Copy of letter dated 9/11/89 from Kirby B. Green, Director Division of Beaches and Shores, D~, to Dr. Kre~bs advising Exemption Status of the remodel ~d addition to a single-family dwelling City of Naples Building Permit N~ber: 1375, D~ Filed Number: E~ C0-0036. xc: Neil Dorrill; Bill Lorenz; and Filed. 7. Letter dated 8/28/89 to Co~is~toner Burr Sa~dero, from ~e Polk~skl, M.D. HRS, with attachment of the CC ~blic Health Unitto third ~arter contract management report of and expenditures for 1988-89. xc: Filed. 8. Agenda of 9/12/89 and minutes for Golden Gate Par~ay Beautification Advisory Co~tttee. xc: Filed. ().."', ~ 57 Page 38 SEF~*KMBER 29, 1989 g. Notice dated 9/5/89 from Future Controls, Inc. under an order given by Wentco advising that they have furnished HVAC Temperature Controls to Collier County Waste Water Treatment Plant at St. Andrews Street in Naples. xc: Skip Camp; Nell Dorrill; and Filed. 10. Notice dated 9/5/89 from Naples Lumber and Supply, Inc., under an order from D. N. Hlggins, Inc., Job #892, advising that they have furnished various building materials for project name Master Pump Stations, Wet Wells II, 301, 302, 303, 305, 306, 307, 308, 309, 310, 312, 313. xc: Skip Camp; Netl Dorrlll; and Flied. 11. 12. Notice dated 9/8/89 from Sims Crane and Equipment Company under an order given by Kraft Construction Co., Inc., advising that they have furnished rental of construction equipment for the property described as Collier County Courthouse. xc: Skip Camp; Neil Dorrill; and Filed. Notice dated 9/8/89 from Dick's Drywall, Inc., under an order given by Haas Construction, advising that they have furnished labor and materials f.~.r acoustical and ali related items for Collier County Mosquito Control N. Road. xc: Skip Camp; Nell Dorrlll; and Filed. 13. Notice dated 9/8/89 from Action Bolt and Tool Co., under an order given by Leitner Electric, advising that they have pro- vided fasteners, bolts, screws and other related construction supplies for the improvement of real property described as: Collier County Courthouse connecting link and remodeling. Filed. 14. Notice dated 9/11/89 fro~,C. J. Pumps and Products, Inc., under an order given by Gulf Constructors, Inc., advising that they have furnished Var Freq Drives/Return Sludge Pumps for South County WWTP/Gulf Constructors GC. xc: Skip Camp; Nell DorrtlI; and Filed. 15. 16. 17. 18. 19. 20. Notice dated 9/8/89 from Liebert Corporation under an order glven by A & D Air Conditioning, advising that they have fur-- nished Liebert'A/C for Governmental Complex. xc: Nell Dorrill; Skip Camp; and Filed. Notice dated 9/8/89 from H. D. Rutledge and Son, Inc. under an order given by BCH Mechanical, that they have furnished pumps, inertia bases, air handling units and fan coil units for Collier County Health Services Building. xc: Skip Camp; Nell Do£rtll; and Flied. Letter Dated 9/5/89 to Clerk, Board of County Conntsstoners, Collier County from Walter D'Haeseleer, PSC, re investigation into Telecomuuntcatton Services provided via Cable Networks. xc: Nell Dorrill; Brian MacKenzie; BCC; and filed. Report of 9/11/89 re Fuel Tax Collections and Distributions for the Fiscal Year 1987-88 dated July 31, 1989 from Dr. Katie D. Tucker, Executive Director, Dept. of Revenue. xc: Jeff Perry; and filed. Letter dated 9/7/89 from A. W. Addison, Deputy Tax Collector to Commissioner Burr Saunders, advising according to Florida Statute 197.322 Indicating amount of postage used and there- fore due for the second tax notice mailing 29,500 Notices at .25 - $7,375.00 xc: Filed. Letter dated 8/25/89 to Commissioner Saundera from Guy L. Carlton, Tax Collector, advising that Florida Statute 197.492 Page 36 SEPTEMBER 19, 1989 requlree the Tax Collector to mail "Errors and Insolvencies" list for the Tax Year 1988 to BCC. xc: Filed. 21. 22. Letter dated 9/7/89 to Commissioner Saunders from Norman E. Feder, District Director, DOT, re request for evaluation of need to Improve SR 29 from Immokalee Area North to US 27. xc: Commissioner Goodnlght; and Filed. Application for rate increase dated 9/5/89 from Florida Cities Water Company, Golden Gate Division, Docket No. 890509 ~, T~enthleth Judicial Circuit. xc: Ken Cuyler; and ~iled. 23. 24. 25. Amended Certificate of Service dated 9/8/89 re Order on Prosecution of Criminal Appeals by the Tenth Judicia! Clrcutt Public Defender tn the Supreme Court of Florida, Case No. 74,574. xc: Ken Cuyler; and Filed. Application of Rookery Bay Utility Company dated 9/11/89 for a~end~ent of Sewer Certificate No. 383-S In Collier County, Florida, Twentieth Judicial Circuit. xc: Ken Cuyler; Mike Arnold; and Flied. Letter dated September 11, 1989, from James F. Holmes, U.S. Dept. of Commerce, advising of 1990 decennial census to enu- merate all persons. Including the homeless, xc: Neil Dorrtll; levtn O'Donnell; and Filed. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 12:30 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPeALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JAl~g C. GIL~S, CLERK The~% ,inures approved by the Board on as presented ~ or as corrected Page 37