BCC Minutes 12/13/1988 R
,--,-
Naple3, Florida, December 13, 1988
LET IT BE REM£MB£RZD,
that the Board of County Colllmissioners in
and for the County of Collier, and al3D acting a3 the Board út Zoning
Appeals and as the governing board(a) 01' 3uch 3pecial districts as
have been created according to law and having conducted bu3ines3
herein, aet on this date at ~,OO A.M.
in REGULAR SESSIOK in Building
"F~ of the Government Complex, Ea3t ~aple3, Florida, with the
following .embers prese~t:
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; Dalila Mend~z and El11~ Hoft~an. D~puty Clerks; Neil
Dorrill. County Manager: Pon McLemore. Assistant County Manager: Tom
Ollitf, Acting Co-unHy D(~veloplllent Director; Ken Cuyler, County
Attorney; To= Crandall. Utilities Adlllini3trator; George Archibald,
Public Works Ad.inistrator; Ke,in O'Donnell. Public Services
Administrator; Jeff Perry. Chief Transportation Planner; Philip
Scheff, Dwight Nadeau. Barbara Cacchlon<:! anti P].')nncr3: John
Kadajewski. Project Review Service3 Manager; William Lorenz,
Supervisor, Environmental Resources Management; Mike McNee3, Utilities
Finance Director; Tom Donegan, De3ign Construction Coordinator; Steve
Carnell, Purchasing Director; Herb Luntz, Coamunication/public Affairs
Director; Nancy Israelson. Administrative A~3istant to the Board; and
Deputy Dave Johnson, Sherltf'J Department.
Page 1
DECEMBER 13, 1988
hpe .1
It. n
~ - AI- t-n- &U WI 'fJI t!II! .l.JroU
Co8a1..i0D8r ..... 8OV8d, _coo4ecS by Co8aiaai0D8r .ha......h~ and
carried -'-'!8OU81y, that the agen4a be approved with the followinq
~:
a.
Itea 781, Petition PU-87-2C, Budd, Hines & Thom~~on, repre-
senting Troyer Brothers, Inc. requesting Provisional Use ~B"
of the A-2 MH District for earth mining (Fill Pit) tor pro-
perty located or.e aile north of I_okalee Road (C. R. 946)
adjacent to Corkscrew Sanctuary in Section 14, Townsl1ip 47
South, Range 26 Ea3t, Plus or Minus 120 acres. (Companion to
Excavation Permit -59.327) Continued to 12/20/88.
b.
Ite~ ~Dl - Title Correction - Resolution supplementing and
Restating Resolution ~o. MWS 88-3 and Resolution amendIng
Resolution Ho. MWS 88-3 which provides tor the issuance ot
approxiaately $1,270,000 special assessment bonds.
Iu. H
JU.-..~&8 or ~- 15 UÐ JJ()\<UID&A 22, IStII - APf'oRU't&U
C'~!..i0Ð8r ...- 8OV8d, _coDdec1 by Co_iaai0D8r Shan."'n aDd
carried anant80Q8ly, that the ~t.a of 80V88ber 18 aDd 22, ISt'I, b.
8pr. 0 ~ -4 - PZ'888'D t ed .
It- .u
IIIPLO1'D 8DVIc:& ARAJU) - PQ8ÞTIW
Co..is.ioner Saunders presented an eaployee service award to
Donell Nobles for five years of service with Secondary Roads
Departaent.
It- nAl
ORDDK&8C8 "-St2, .. PSTITIO8 CP-17-2C, VI8KS. AS8OCLAr&8,
u.-~.LJIU CIrIzaa . SvuTIUUUI nun CO., RZQUKaTIJIO A COIIPRmIDam
M .I.. ""&111) usa Ah.&.~ noM 01t8.Ur TO III'DOS1'RIAL - AJ)OrTlW
Legal notice having been published in the Naples Daily Hews on
Novaabar 11, 1988 as evidenced by Affidavit of PublIcation filed with
the Clerk, public hearing was opened to consi~er PetItion CP-87-2C,
requesting a Comprehensive Plan Land Use Aaendment tram Urban to
Indu.trial tor approxiaately 231 acres of land located at the
northeast ~ladrant of the IntersectIon of C. R. 951 and 1-75 In
Section 35, Township 49 South, Range 26 East.
Page 2
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DECEMBER 13, 1988
Referring to the map, Project Planner Cacchione advised that the
project is located east of the PP&L e~sement.
She noted that land to
the north is Estates area; the intersection of C. R. 9~1 and I-7ð is
designated as en Interchange Coaaercial Node, consisting of the
Tollgate Plaza POD, and th~ southwest quadrant is approved for
interchange coaaercial.
She noted that the intersection of C. R. 9ð1
and Davis Boulevard is also identified as a Co..unity Co..ercial Node.
She indicated that Staff feels that the propooed uoe is coapat1ble
with the surrounding land uses and the location is appropriate for
industrial uses.
She advioed that on Auguot 31, 1987 the Planning
Coaa1aaion held a aeeting and approved the land use change from Urban
to Industrial, and the Board held its public hearing on September 1~.
1987 to transait the propoaed amendment to the State of Florida,
Departaent ot Coaaunity Affairo,
(DCA), and the Southwest Florida
Regional Planning Council,
(SWYRPC) , for their review and co..ents.
On November 3, 1987 the Planning Co..ission recommended approval of
the petition and no correspondence was received and no one spoke for
or against the amendment, she noted.
She reco..ended that the Board
approve the petition subject to the CCPC's reco..endations.
Responding to CO..isBioner Volpe, Ms. Cacchione advised that the
aaendaent was submitted by the petitioner to expedite the proceO3
although Staff was not certain of the Growth Management Plan'. time
fra.ae.
Coaaissioner Saunders .dvised that on July 27, 1988 a reaolu-
tion was passed that enabled petitions to be reviewed under the 1983
Coaprehenaive Plan before the end of the year.
ec-J....ioner Shan_"-n ""'ð, &8coDdecS by Co8ai_ioner Goodnight
8Dd carried 1ID&Þ.180U8ly, that the pahl1c hearing be clO88ð.
ec-J._loner 8MD"~n .,.,.:1, -concSeð by Co8aieeioner Goodnight
8Dd carried lID&Þ.i80U81y, that the ordin.ance .. nuabered and titled
bel08 be edopted, subject to OCPC'. recO888D4aUona, and entered Into
Ordt~ 8ook .0. 33:
OJmIJIAJICK ..-12
AM ORDINANCE AMENDING ORDINANCE 83-~4, THE COMPREHENSIVE ~LAN
FOR COLLIER COUNTY, FLORIDA, BY AMENDING THE FUTURE LAND OS!
MAP FROM AN URBAN LAND USE DESIGNATION TO AN INDUSTRIAL LAND
Page 3
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9
DECEMBEH 13, 1988
USE DlSIGKATIOK FOR THE FOLLOWING DESCRIBED PROPERTY: THAT
PART or THE .ORTH 1/2 OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE
26 EAST. COLLIER COUNTY, FLORIDA LESS AND EXCEPT THAT PORTION
LYI"G WEST OP THE WESTERLY LINE OF THE FLORIDA POWER AND
LIGHT, RIGHT-OF-WAY EASEMENTS AS RECORDED IN OFPICIAL RECORD
BOO~ 681, PAGE 1210 AND PAGE 1212, RESPECTIVELY, COLLIER
COUWTY, FLORIDA, CONTAINING 231 ACRES, MORE OR LESS; AND
PROVIDI"G AN EFFECTIVE DATE.
It- HJU
ORDT8~~ "-91. .. ~TI08 a-17-13C. a&8OLCTI08 11-109 ~ ~ 11-2
.. IIR% 17-1C. VDID . ASSOCU'fU. IJrc., JtD"aUD'fIJtC] CITIZUS .
8uu,¡-... TmJST, COMP.urr (rLOaIDA) JU.'fIOJIAL A.S8OCU'fI08. UQOUTIJrO &
~ J'8CIII &-2 TO POD I1rC*II AS CI'fYOA'n - ADOPRD
Legal notice having been published in the Naples Daily News on
Nove.ber 11. 1988 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to eonoidor Petition R-'87-13C tor
a rezoning fro. A-2 to PUD known as Citygate, located at the northeast
qQ8drant of the intersection of C. R. 951 and 1-75 in Section 35,
To~lp .9 South, Range 26 East.
Legal notice having been publiohed in the Naples Daily News on
October 13, and Dece.ber 7, 1988 as evidenced by Affidavits of
Publication filed with the Clerk, public hearing wao opened to con-
aider DRI-87-1C for Citygate Coaaerce Park as previously described.
Project Planner Cacchione stated that the petitioner propooes to
rezone 281 acres of land containing .ixed use developaent and noted
the tollowing changes to the square footage:
90,000 square teet ot
coaaercial instead of 1,045,000; 836,000 square feet of ottice space
instead of 1,046.000, and 250 square feet of hotel/actel rooas instead
ot 500 equare teet as indicated on the Executive Suaaary; thee.
f1gurea were incorrectly repeated fro. the Regional's recoaaendations.
She stated that lands to the north are zoned "E" Estates and contain
scattered aingle-taaily develop~ent; to the east arc undeveloped
Agricultural lands zoned A-2; turther east 1a the County Landfill;
to the south is an earthaining operation with an existing lake. and to
the weat are undeveloped lands zoned A-2, and C-4, Comaerci.l and POD.
Ms. Cacchlone conveyed that the interchange coaaercial portion
wblch consiata ot 31 acres and abuts C. R. 961 is being reviawAd under
the 1983 Coaprehensive Plan.
She recoaaended approval, noting that
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DECEMBER 13, 1988
the project is CO8patible with surrounding land use with the recoa-
.ended buffering and height restrictions; that aosurance has been .ade
tor the pre..rvation of the red cockaded woodpeckers, and that all
transportation iapacts have been addressed.
She stated that the POD
dOCU8ent has been aaended to include all the stipulations in the
Agreeaent Sheet.
On Moveaber 3, 1988 the Planning Co..ission held
their public hearing and recoaaended approval subject to Staff's sti-
pulationa, she noted.
She further noted that no one spoke for or
againat the petition, however, a letter, ~Exhibit A~, has been
received froa Fire Chief Koraan Hatcher, Golden Gate Fire Control 6
Ko.cue District, stating that the Citygate developaent location would
be an appropriate location tor a fire station site.
Responding to Co..issioner Shanahan, M3. Cacchione expounded that
protection ot the red cockaded woodpeckers has been addressed by pro-
viding a preserve area of 72 acres in which developaent is liaited.
She stated that another alternative is an otf-site Regional .itigation
plan which allows for 233 acres to be set aside for the red cockadad
WOOdpecker habitat; the developer 8Ust abide by Pish 6 Gaac Co..ission
stipulations which have not been deterained by the Co..i.sion aa yet.
Me. Cacchione clarified for Co..issioner Volpe that access drives
ODto C. R. 951 will be liaited to the existing one by the water treat-
..nt plant entrance and an additional access drive aay be located
north ot the existing access.
She advised Coamissioner Hasse that the
developer is responsible for certain road improve.cnts.
In an_or to
Co..issioner Shanahan, she noted that an average daily Level of
Service -D- will have to bc aaintained.
She indicated that a 3-story
height liaitation along the northerly 3ide has been stipulated, and a
l.ndscapeð buffer for the Golden Gate Canal has also been required.
Co..issioner Volpe questioned the transportation aspects, Ma.
Cacchione advised that there io a provision that delineates that
within six aontha of tho development order, DOT will advise the
developer what is needed in teras ot addition~l recontiguration.
fo further clarity Co..isoioner Volpa's concerno about the
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DECEMBER 13. 1988
transportation aspects of the project, Transportation Chief Planner
Perry conveyed that the proposed standard for Davio Boulevard will be
Level of Service ~D~.
He indicated that a de3ign track has been
co8pleted whic~ outlines the six-laning of Davis Boulevard between
Airport Road and Santa Barbara Boule~ard, and four-laning from Santa
Barbara to C. R. 951.
He stated that projects are required to provide
an annual traffic aonitoring report to both the County an~ the State.
Mr. Vines of Vines 6 Associates, Inc., representing the peti-
tioner, advised that a fire station can be provided on the site,
bowever, the site is held in Trust and Transfer of Title would be
co8plicated, but not impossible to initiate.
He indicated that a spe-
cific location for the fire station site has not been determined.
He
stated that the Citygate Development io coaaitted to participate on a
fair sbare basis on all public facilities, and all that has to be ini-
tiated is identifying the site needed for a fire station.
He noted
that an alternative arrangeaent c~n be impleaented whereby the land
will be acquired in exchange for future impact fees.
Coaaissioner
Øaaae stated that he did not see any reason why the developer could
not donate a portion of land to the Fire Department.
Mr. Vines
advised that detailed inforaation would have to be provided to the
landowners and the Trust Managers in respect to the size, th. location
and the purpose for which it will be used prior to coaaitting the land.
a.sponding to Coaaissioner Hasse, Mr. Vines noted that he had
advised Chief Hatcher that there io a substantial aaount of publicly
owned real estate in the interchange area.
He indicated that the
northerly tip of the County-owned Water Treatment Plant site 8ight be
an ideal location tor an auxiliary equipment housing site.
He
reiterated that it a fire staticn location io identified on the site,
the developer can make it happen.
He noted that if the Fire Chief is
referring to the coaaercial sito, the ainiaum oize would be an acre.
Co..iaaioner Shanahan ouggeoted that the Board, Fire Chief and the
developer meet to discu3s the possible location of the fire station
and perhaps a method can be agreed upon whereby a site can be
Page 5
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DECEMBER 13, 1988
acquired.
Attorney Varnadoe advised that as per Chap~er 380, the County does
not have an ordinance in ettect whereby developers are required to
contribute land tor a fire station.
He reiterated that the developer
would be willing to contribute their portion of the share of the fire
station site.
ne also reiterated Mr. Vines' co..ents regarding paying
the i8p8ct fees uptront in teras of having the land set aside tor a
fire station site and thus receiving a credit for the i8þact tees.
County Attorney Cuyler concurred with the atorementioned statement
in regard to Chapter 380 and added that 11' there is a aechanisa
whereby the developer agrees to donate the land and if he gets a cre-
dit tor the 1apact fee then that would be a consistent treatment.
Hl".
Varnadoe noted that the developer is willing to consider the latter in
the event the Golden Gate Fire District enacts iapact teos.
In response to Co..issioner Volpe, Mr. Vines advised that the pro-
per~ that fronts C. R. 951 is presently zoned Agr1cultural and 19 in
. Coa8ercial .ode in the 1983 Comprehensive Plan, however, it is
des1gnated as Interchange Coaaercial Activ1ty Center in the new
Coapreòenaive Plan.
He stated tha~ there are parcels that will be
divided into several sites of ~ne or acre acres per site.
He advised
that a new access point will be located fa1rly close to the Golden
Gate Canal; the other access roads will be internal conf1guration.
Coaa1ss10ner Volpe asked if the three gas stations proposed would
be located on C. R. 951 to which Mr. Vines responded atfiraat1vely
and noted that there are no other lots in place for the gas station..
Be noted that as the landowners are not the true developers and will
not build gas stations, warehouses, etc., however, they will 9rovide
streets, utilities and ready tc use sites for o~velo~aent.
Co..1.sioner Hasse asked Ms. Cacchione it there is a designated
aaount ot gas stations to be constructed?
Ms. Cacchione advised that
the 8oa..rd can add a stipulation to the PUD which would 118it tho<
conatructlon of the gas otations to one, two or three.
Co_issioner
aaa.. indicated that there should not be acre than one gas station as
Page 7
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DECEMBrd 13, 1988
there are other gas stations in the surrounding area which will result
in too &any driveway entrances.
Mr. Vines indicated that the rules
conta1ned in the paD docuaent and Develop.ent Order prohibit addi-
tional driveway entrances to gas stations,
C-t..1cmer m.."'.h.CJ. 1IOV'8d, 8eCODded by Co8ai_1ooer OoodDigbt
8Dd carried ---t~ly, that the public hearing be cloeed.
('
-"1aDer --- 1IOV'8d. 88CODded by Co8a1ee10D8r Volpe that
Ordt~wac. 80. "-13 re Petit1OD .-87-13<:. 8D4 b801ut1011 88-301 re
1IaI-87-1C 8Dd DO-8.-2 be adopted. w1th the et1pulat1OD that there will
IMñ .. 8ar8 Ü&8D 0Q8 g&8O1iAe -rv1ce etat1on on the eit..
Co8ai..ioner Goodnight indicated that she has a probl.. with
the stipulation to ll.it the gas stations on site to one as there are
presently three entrances in the area, which include Pine R1dge and
IlI8Okalee Roads. and another by C. R. 951.
She stated that l1a1ting
the naaber ot gas stations to two stations would be acre feaaible.
Co..iasioner Rasae, however, noted that preaently there are two gas
etationa in the area which are readily available fro. I-75.
eo..iaaioner Shanahan advised that soae language should be incor-
porated in the atoreaentioned action pertaining to the tire station's
tair ahara contribution.
Coaai..ioner Baase incorporated the tollowing verbiage to the
IIOtion:
8t:bat tM de981oper I8Ork with the rire ~t tozo a
%'1 r
~1. t~ 8bare CODtr1bat1OD tor a t1re etatiOD8.
Mr. Vines did not object to the additional stipulations.
.... can t or the q1a88 t 1 on the 110 t1 011 carr 1ed ......... t -cnae 1 y t:ba t
DaI-87-¡C. ""lat1CA 88-309. ViAee a A8a0c1at.., Inc.. r.~..~t1Dg
Cit~ a 8oatMna Truet ~ "Uon.ù Aeaoc1aUOD. 8Dd the
az..,. t
11 - titled bel.. be adopted eabJect to the afar
T "t 1oaed
81: ~ 8M .. t.ered 1J1 t a 8ooIt 80. a a :
ORDI8A8C.80.88-13
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING
REOULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE ZONING ATLAS HAP NUMBER 49-26-7 BY
CØA80I8G THE ZONING CLASSIFICATIOK OF THE HEREIK DESCRIBED
REAL PROPERTY FROM A-2 AGRICULTURE TO ~PUD" PLANUED UNIT
DEVELOPMENT KNOWN AS "CITY GATE COMMERCE PARK" PUR MIXED USES
808-RESIDEJfTIAL, COMMERCIALI INDUSTRIAL/OFFICE/REJ.ATED SERVICES
Page 8
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DECEMBER 13, 1988
POft PROPERTY LOCATED AT THE KORTHEAST QUADRANT OF I-1~ AND
C. R. 951, 281.181! ACRES, IN SECTION 35, TOWNSHIP 49 SOOTH,
RA8GE 26 EAST; AND PROVIDING AN EFFECTIVE DATE.
Page 9
Ie;
DECEMBER 13, 1988
I~ ....
0ItD~1JICa 80. 88-.., .D PnITI08 a-87-21C. 1:8. lIDO RAGIIA.
~ --- ~ .1.81 GAJDœTr r. z . . TDTL unmrr, UQt1UT I JIO IUEZC8I JIO rJtOM
-a8 ~ 1'0 PUD DOWJI AS -I8LA.8D PIns ~8 - ADOP'1'1m
Legal notice having been published in the Naples Daily Hews on
.ove.ber 11, 1988 as evidenced by Affidavit of Publication filed wIth
the Clerk, public hearing was opened to consider PetItion R-87-21C
filed by Dr. .ono Spagna, representing Garrett F. X. & Teryl Bcyrent,
requ9sting rezoning from ~E~ Estaten to PUD for 88-multi-faaily res 1-
dentlal unIts for property located iaaedlately south of the County
Malntaoance racility on County Barn Road, ~onslsting of 10 acres, In
Sectioa 8, Township ðO South, Range 26 East.
P~r Schef! advised that the proposed project was originally
proposed for 88 aulti-faaily residential units with 1.ð acres of co.-
..rcial and a 2 acre neighborhood park on 9 acres ot land.
However,
the petitioner reduced the nuaber of aulti-faaily residential units to
6ð and the coaaercial to 1.4 acres.
He noted that in order for the
project to coaply with the Coaprohensive Plan changes would have to be
aade to the PUD Docu.aent as tollows:
aa.
Delete the 1.4 acre coaaercial tract
bb.
Allow as a aaxiaua 8 units per gross acre; and
cc.
Require the PUD to be aaended to provide a section on the
neighborhood park provIding the acreage, location, facili-
ties, and aaintcnancc agrecaent. Thin co.aitaent Is
necessary to award 10 pointo and increase the density froa 6
to b units per gross acre.
Mr. Scheff indIcated that the Planning Coaaission approved the
petition at their aeetlng ot June 16, 1988 subject to Staff's stipula-
tion8, allowing a total of 72 aultl-faally renidentlal units, wIth no
co....reial.
He noted that prIor to the Board of County Co..i.sioner.'
...tlng of Auguat 23, 1988, the petitioner submitted a revl.ed legal
description delineating the total project to be 10.0 acres rather than
the 9.0 acre. previously subaltted.
He further noted that the peti-
tioner has aodified the request froa 6ð to 88 aultl-faaily residential
units and baa deleted the coaaerclal tract, however, Staff fInds the
requeat for 88 unit. to be too high.
Since the Coaprehensive Plan
Page 10
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DECEMBER 13, 1988
all0W8 a aaxiaua density ot 8 units per gross acre, the aaxiaua per-
.itted units tor the project would be 80 aulti-faaily residential
units.
Øe concluded by stating that at the CCPC'. aeeting ot Nove.ber
3, 1988 three ~ople expressed concerns about aaintaining the
character ot the Estates areas and the Coaaission recoaaended approval
of the project subject to Staff's stipulationø.
Be noted that
correepondence has n~t been received.
Dr. .eno Spagna, representing the petitioner, indicated that the
project is ~ years old and was applied and approved under the 1983
Coaprehensive Plan.
He noted that the r~~son the acreage changed i.
because the right-otway easeaent was n~t delineated as being part of
the property in the original legal description øubaitted.
He stated
that the parcel in queotion is ditferent than adjacent parcels as it
is located aouth ot the County Maintenance Facili~. and the peti-
tioner t.els a higher density ohould be considered due to this tact.
Be noted that the petitioner felt the coaaercial tract was needed to
justify the extra land and the extra cost that would be involved in
buttering the project fro. adjacent lots.
He stated that under the
old Coaprebensive Plan the petiti~ner was not eligible to build atfor-
dable bou8ing. however, the new Co.prehensive Plan allows it. but the
petitioner baa a working aarket available.
He reiterated the nQed to
develop 88 aulti-taaily units to ottoet the extra cost ot shielding
the property fro. adjacent properties due to its location.
Attorney Charles C. Lehaan, on behalt ot the petitioner. requested
that the Board conoider the approval ot the 88 units due to the par-
cel'. proxi.ity to the County Maintenance Facility, and the extra
expense that would be involved in the construction of the site.
Mr. Charles R. Keller, of 2301 County Barn Road. expressed con-
cerna about the construction ot the project and indicated that the
are. abould reaain as Estatea area.
He stated that the Co.prehenaive
Plan'. require..nts should be aaintained.
('
t-iGDer ---to...., 1IO98d.. ~ by ec-.t-10D8r ~jgb.t
... ---- J.ed - - t -ose 1 y . ~ t 1:b8 pa.b 11 c bear 1Dg be c 1 088d .
Page 11
30
DECEMBER 13, 1988
County Attorney Cuyler advised that under the Co.prehensive Plan a
aaxi.ua of 80 units is allowable and disagreed with the ?ctitioner'ø
econoaic8 reasoning to increase the density.
('1
t-1GDer ---tun. 8DV84, eec::ooðect by Co8a1a.iooer Volpe that
P8t1t~ a-81-21C be ~o~.4, .abject to the CCPC r.c
~t1CIID ot
80 881t.1-t-.1ly 1IIÛta aDd no ~rc1al.
Co8ai88ioner Haase stated that even developing 80 .ulti-faaily
residential units in the area would infringc on the people already
living there and he did not feel a hardship exists.
Dpca C&1.1 tor tb8 qaeetion the 8OtiCIID carried 4./1 (~1..iClD8r
..... ., '" .. II" ) that the Ord 1A8Dc8 - Da8b8 r.d aDd t1 Ued be 1 ow be
8dopted 8Dd ..tar8cS 1A to Ord i ~. Book 80. 33:
oaDIaL8CK 80.88-94.
AX ORDI.AKCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING
REOULATIOKS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
50-26-3 BY CHAJfOIrrO THE ZOffING CLASSIFICATION OF THE HEREIN
DESCRIBED PROPERTY LOCATED IMMEDIATELY SOUTH OF THE COUNTY
KAIHTEMAØCE FACILITY ON COUNTY BARN ROAD FROM E ESTATES TO PUD
~OWW AS ~ISLAHD PINE GARDENS" CONSISTING OF 10 ACRES, SECTION
8, TOWXSHIP 50 SOUTH, RANGE 26 EAST, FOR 80 MULTI-FAMILY
RESIDEKTIAL UNITS AND NO COMMERCIAL AND PROVIDING AN EFFECTIVE
DATE.
...at.. tr Clerk 8atf88Q replaced D8pQty Clark M8Dd8z at 10:16 A......
I u. ....
C8D- .. ---N. ftTIrI08 a-U-lSC, WILLLUI C. 8ICA8LY ~IJfO
.... ..-- . R8QUIœrDICI ~-OIm .... A-2 '1"0 Jt81'-J I'OIt A 8I88L8-
I'MID.1' ~. LOC.t.rD 08 'lD u.n 81D8 01' AIU'OR'I' POLLx.a JtO.U),
088---". 8IIUI tOVTJI 01' v-ntruq JtOAJ) .- AOOPTKD
Legal notice having been published in the Naplos Daily NeNs on
.oveaber 11. 1988, as evidenced by Affidavit of Publication tiled with
tho Clerk, public hearing was opened to consider Petition R-88-13C.
tor property located on the east side of Airport-Pulling Road,
approxiaately 1/2 .ilo south of Iaaokalee Road in Section 26, Township
48 South. Range 26 East, tro. A-2 to RSF-3 tor a 139 unit single-
taaily project (56.5 acres).
Planner Kadoau stated that this petition is sub.1ttod by Willi88
c. MeAnly, P.E., representing Anton Steiner, requesting a rezone tro.
A-2 to RSP-3 tor a singleutaaily project on Airport-Pulling Road, 1/2
Page 12
,3/
DECEMBER 13, 1988
aile 8OUth of Iaaokalee Road, and consists of 56.5 acres.
He noted
that this petition is not a companion ite. to SMP-88-2, as referenced
in the back-up aaterial.
Mr. .&deau indicat~d that Staff has reviewed this request, and
finda that it is in coapliance with the Coaprehensive Plan baaed upon
the analysis in.' of the Staff Report.
Mr. .&dean advised that subject property is an isolated parcel of
A-2 zoning, aurrounded by residential 51~.;!e-faaily PUD, and PUD to
the -at; land to the north is zoned RSF"2; lands to the east are
zoned R~? j ~.j RSF-2; land to the south is zoned PUD (Crescent Lake
Eatates, peralta 61 single-faaily and 100 aulti-faaily dwelling units
on 38 acres); land to the west, across Airport Road is zoned PUD
(Southa8pton, peralta 503 single-faaily and 296 aulti-faaily
dwellings) .
The cePe reviewed this petition on Kove.ber 3, 1988, noted Mr.
aadean and unaniaausly reco..end approval, subject to Staff
stipulations .
He indicated that no public Co..ent was &ade at the
public hearing, and no correspondence has been received relating to
thi.. petition.
In &newer to Co..issioner Hasse, Utilities Adainistrator Crandall
stated that County services for wastewater and water are available in
subject area.
Coaaissioner Shanahan questioned traffic i.pact froa the proposed
project?
Mr. George Mellen, of Williaa C. McAnly. Associates, P.E.,
advi88d that the traffic in this area is auch lighter than it is
in other areas of the County, and noted that because this project is a
...11 subdivision, the i.pact on the existing roads is negligible.
He
stated that the Petitioner has no objections to the stipulationa of
Statt.
Mr. .adeau stated that the Executive Su..ary title and the
Ordinance Title will be aaended, by deleting the number of dwelling
1U1ite (139).
He advised that the nuaher of dwelling units was inad-
Page 13
.-.,-
~
DECEMBER 13, 1988
vartently inserted by Staff, and noted that this petition i8 a
8traigbt rezone request, and it is not a PUD.
('
4-.JAiIDno ---h-n 1IOV8c1, ~ by Co8a1_1oaer --=1gbt
... C8n'1..M --t-.ly. that the pabl1c b84u-.in9 be clO88d.
~
c..~ ---h-.a 1IOV8c1, ~ by Co8a1_10D8r ~lgbt
... C8n' 1ed
t"t0'Q81 y. to ç.... ~. Pet! t1oQ a-..-lac, 8a.bj~ to the
~
. tJ.aD8 ot the CCPC. IIDd that ~. ~ ~tBaftC8. - ma-
..... ... Ut.J.e4 belaw be 8dopte4 IIDd entered into Ort'tfttlDCe 8ook 80.
Us
oaDIJIAJICa "-,18
A8 ORDINABCE AMENDING ORDINAKCE 82-2 THE COMPREHENSIVE ZONING
REGULATIO_S FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA. BY AMENDING THE OFFICIAL ZONING ATLAS MAP HUMBER 48-2S-7
BY ~GIKG THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
PROPERTY LOCATED ON THE EAST SIDE OF AIRPORT-PULLING ROAD,
APPROXIMATELY 1/2 MILE SOUTH OF IHHOKALEE ROAD IN SECTION 25,
TQMWSBIP 48 SOUTH, RANGE 25 EAST, FROM A-2 TO RSP-3 FOR A
51_OLE-FAMILY PROJECT; AND PROVIDIKG FOR AN EFFECTIVE DATE.
Page 14
33
'è
DECEMBER 13, 1088
It8a ..cl
08D'rWa~ 88-". PAUS AJII) JtZCaJtI.TIOIIAL J'ACILInU DlPACr J"D8 -
&l)O~-
Legal notice ~ving been published in the Naples Daily News on
October 13, 1988, as evidenced by Affidavit of Publication tiled with
the Clerk, public hearing was continued froa Noveaber 8, 1988, to
conaiðer the Parka and Recreational Facilities Iapact Fee Ordinance.
Coun~ Attorney Cuyler advised that the public hearing on Ite..
6Cl and 6C2 (Library Iapact Fees) will be conducted at the SaaÐ tiae.
Be noted that this is a continuation of the Hoveaber 8, 1988 public
hearing, and that all proceedings froa that aaeting will be incor-
porated into today's proceedings.
He further advised that that the
two booklets, ~Proposed Library Systea Iapact Fee Ordinance and Study"
and "Proposed Parka and Recreational Facilities Iapact Fee Ordinance
and Study" abould be incorporated into the record of today's pro-
c.edings.
Be noted ainor changes:
Appendix "A~, relating to
Affordable H0U8ing, containa figures in the booklet, but the figures
are not contained in the aaterial within the agenda packet; and the
brief Executive Suaaary which stateD aajor ioSUQS.
Mr. Greg St.wart, of Habors, Giblin, Steffens and Hickerson,
stated that the ordinances regarding iapact fees for Parks and
Recr.atio~l Facilities and Libraries have been prepared atter a study
of aaae was conducted by his fir_, and the fira of Henderson, Young &
Coapan y .
Mr. Stewart adviscd that the Library Systea is a single District,
with one t.e to be iapoGed, County-wide, and he is suggeGting that the
tees be iaposed within the City of Naples and Everglades City, adai-
niet.red through an Interlocal Agreeaent between those bodies.
r..- ft
Mr. Stewart stated that the Parko and Recreational Facilities
Iapact p.. is. two-tiered syøtea which has a single county-wide tee
that i. iapooed for regional parks throughout the County, and coa-
aani~ park iapact fee that is iaposed within six districts.
He
Page 115
- _'__m"-
3~
DECEMBER 13, 1988
stated that initially, there were seven created districts, but no fee
would be iapoaed within the Marco District becauoe of the standard of
facilities which are currently located there.
Mr. Stewart advised that a section contained within the ordinance
provide. for Affordable Housing.
He noted that this issue is one that
is becoaing acre and acre controversial within rounties i.posing
iapact f..., and driving up the costs of residential units.
He noted
that both i.pact fees arc iaposed upon dwelling units, and not on coa-
sercial construction.
He stated that the Board aay want to consider
a --ana in which to provide relief for Affordable Housing.
He advised
that the ..ction contained in both ordinances relates to exe.ption and
reiaburaeaent.
He noted that exe.ption would relate to housing that
is funded through a governaental grant, and aeets the guidelines of
the Board; reiaburseaent would be tor privately funded housing, which
..eta the guidelines of the Housing and Urban Developaent Low Inca..
Standarde for Collier County.
In &n8Wer to Coaaissioner Hasse, Mr. Stewart stated that there are
~ iapact tee. within ~he parks; the regional park is siailar to the
library, i,e. County-wide; the coaaunity park will be within the six
di.tricta, i.e. the unincorporated area of the County.
Co..issioner Volpe questioned whether adult congregate care
facilities would be subjected to the i.position ot the iapact fees?
County Attorney Cuyler stated that the way the ordinance is presently
written, it appears that they would be included, but he will check
further, and so advise.
Coaaissioner Volpe requested an explanation regarding the reiabur-
....nt ..chaoi.. relatinJ to Affordable Housing.
Mr. Stewart stated that a privately funded dwelling unit, either
aingla-tasily, or aulti-taaily that is to be constructed, and the
builder anticipates to be affordable housing, would require preli.i-.
nary approval by the County, tor reiabursesont, if proof of the anti-
cipated pr1ce 1. with1n the standards.
He added that upon sale of
that anit, the builder would be required to bring proof ot the sale
Page 16
3l
DECEMBE~ 13, 1988
prlc. to the County Adalnlstrator's ottlce, and he would then recelve
100~ reiaburseaent of the parks and libraries Fe~s.
He stated that a
8ingle aale would not contribute to the affordabla housing aarket,
adding that lt a coaaitaent is to be aade to thio aarket, the houses
should be avail_ble to the public over a perlod of tiae.
In exchange
for the reiaburseaent of the tee, he lndlcated that the price for
which the ho.. aay be vubsequently sold for a period of seven years,
MOUld be restricted to an aaount within the guldelines.
He noted that
the bullder MOUld have to agree that the house would not be sold
beyond the aftordable housing standards adopted by the Board.
He
advl..d that these standard3 aay rise over the years, as the cost of
bou81ng lncreases, but ae long as the house is sold wlthin the stan-
dard8 that are in effect at that tiae, the reiaburseaent would be
valid.
Mr. Randall Young, of Henderson, Young «Coapany, in response to
Co..ls.loner Shanahan, noted that the proposed Coaprehensive Plan
establlshes a Stand~rd of Perforaance, that is the saae Standard ot
Perforaance that is proposed in the Lapact Pee Ordlnances.
He lndi-
cated that these include, for the Library, one book per person, and
1/3 SF of llbrary buildings per person.
The Standards for the Park.
involve 8ODeY belng spent per caplta, that represents an aaount of
tennis courts, ballfields, park land, etc. He atated that it is not
pera1.aible to charge iapact fees for Boaething that is already in
exlstence, or above the Standarda that have been established, noting
that ln analyzing the Dlstricts as depicted on the aap, the park tacl-
llt1.s ln the Marco D~strict tar exceed the Standard of Perforaance
that baa been recoamended.
Therefore, he noted, it 1s not possible to
charge iapact tees for that District.
He indlcated that ln the other
six Co88unity Parks Dlotricts, the facillties that are ln place/or
UDder construction, are aovlng in an orderly fashion to aeet the
Standards, but are not yet there.
He stated that this places the
County in the position of charging newcoaero in those Dlstrlcts to
aake a contributlon toward their fair share.
Page 17
--
::;>?
DECEMBER 13, 1988
The tollowing persons spoke in opposition of the adoption of the
proposed ordinances:
Mr. Lee 8ichols, Raples Area Board of Realtorø
Mrs. Paula Davia. Chairaan ot Econoaic Develop.ent Council of
Collier County Infrastructure Task Force, & Participant of the
Naples Area Chaaber of Coaaerce Infrastructure Task Porce
Mr. Ira Evans
Attorney Jo~~ Brugger
Mr. Gary Carlson, Collier County Builders & Contractors Assoc.
The above speakers cited their reasons ot opposition ~ being:
Financing of the Growth Kanageaent Plan should be a coabination of
the local option sales tax, a6 valoree taxes, and iapact tees; pro-
posed ordinances should not be adopte~ until after the adoption of the
ar~h Manage..nt Plan: iapact tees ShOUld apply to all residential
unita, with no exceptions: Task Porces will be subaitting their recoa-
..ndationa to the Board at the tiae ot the Growth Manageaent public
hearings, and those should be taken into conaidoration; the Gr~h
Manage.ent Plan provides tor the tunding ot a Regional Park by a
General Obligation Bond iosue, which is appropriate; Growth Manageaent
Plan provides a Level of Service attached co population: intent to
bond the revenue froa an i8pact tee woulJ be subject to Coaaisoion
Policy, rather than a specific ordinan~e; ordinance presuaes that the
Growth Manageaent Plan has been appr~ved; ordinance provides for
aLAual review ot i.pact tees, ~lhich say result in fees varying troa
year to year; iapact tees a:'e tor capital iaprovcsents; no capital
laprovea.nts, other than those noeded should be considered without
ultiaate consideration ot the ultlaate cost of that operation: Parks &
Recreation Ordinance is not required by growth, but rather a Level ot
Service, which doeo not presently exist: the i.position ot i.pact fees
are being done on a piece-aeal basis, and roads. sewer and water
ahould also be considered; one-c~nt sales tax option would be a better
way to collect revenues,
Mr.. Charlotte Mestaan at the Collier Count~ League of Mosen
Voter. stated that the League continues to oupport i.pact tees.
She
stated that she teels that aftordable housing is one of treaendoua
oeedø within the County.
She noted that the language within the ordi-
Page 18
31
DECEMBER 13, 1988
nance provide. tor a aonitoring systea relating to this issue.
Mr. Young, in answer to CO..is8ioner Volpe, stated that the
Coaprehenaive Plan contains the definition of the .ervice area ot a
Coaaunity Park that states it is to serve a three aile radius, and an
additional stat~..nt that the Coaaunity Park should serve a population
of approxiaately 26,000 people.
He further notod that tho research
that waa provided to the Citizens Advisory Co..ittee included detailed
8preadabe~ts which forecasted the operating costs of all ~he capital
projects, and the projected revenues.
Mr. Young stated that a variety of iapact teea were considered.
He noted that the study deterained that the capacity at the solid
waste disposal facility will laat for a substantial aaount of tiae,
and it would be inappropriate to ask growth to pay for additional
capacity.
Be indicated that iapact fees tor General Governaent
Buildings was considered, and it was deterained that iapact tees
should not be uaed as a funding source for these facilities.
He added
that the Fire Iapact Foe potential and the School Board Iapact Pee
potential are the last reaaining iapact fees that the developaent co.-
8UDity -ill tace.
He noted that out of the total figure of 83,400 tor
iapact te.., including the two that are proposed today, $2,000 relate.
to ..ter and sewer.
Co8ai..ioner Baase questioned whether graduated iapact tees were
con.aidered?
Mr. St~art replied that graduated i.pact tees are not
used because:
1.
The iapact is basod on per person, which under the proposed
ordinances is 2.74 persona per houschold.
2.
A teo based on the value of a house io ad valore. tax, which
cannot be iaposed without a reterendua.
Mr. Young stated that the relat ionship of the proposed Co.pre--
benaive Plan and the proposed ordinances is that if the Coaprehensive
Plan waa unknown, the concerns of the speakers would be valid.
Be
noted that the Levels at Service within the Plan have been ùrrived at
by a substantial effort of public participation in hearings, an active
21 aeaber CAC, activities of the CCPC, and the tormal action ot the
Page 19
'10
DECEMBER 13, 1988
Board ot County eo..issioners in approving the trans.ittal of the Plan
to tbe State.
He indicated that it has been ascertained that the
objections of the State do not include objections to the specific
Levels of Service Standards that are proposed tor Libraries or Parka
and Recreation.
He stated that everyday that passes without the ordi-
nancea being on the books. additional develop.ent takes place that
does iapact the Parks and Library Syste., and the County foregoes the
revenue.
County Manager Dorrill stated that he concurs with the reaarka
8&de by the consultants. noting that the Library Syste. will not
expand in the Level ~l Service aa it relates to square footage tor new
libraries, or provide tor th~ Level of Service asaociated with the
collection ot books for that library.
He indicated that he believes
there 1s enough latitude within the ar~h Hanageacnt Plan, noting
that the Plan does not take any escalation into account over the five
years, aDd there is enough roo. to work within the annual budget to
decide what ia to be accoaplished froa one year to the next.
Coaai..ioner Volpe questioned the collection aechanis. tor the
iapact tees relating to the City ot Xaples?
Mr. Young atated that the County would collect the tee. prior to
the i.auance ot a Building Per.it for a dwelling within the unincor-
parated area.
He indicated that hopetully, the City will agree to
execute an Interlocal Agreeacnt, whereby, fees will be collected by
thea, prior to the issuance of per.its within the incorporated area,
and eubaitted to the County, less the City's administration cost.
There were no other speakers either tor. or against this itea.
~
1..iG8Inr ..... 8CrI'8d. -~ by Co8aJ.-1ooezo ---~ 8Dd
08n' i8II
to
_11'. to cloee the public bea.rJ.n,g OD the prOy.:ud PaZ'k8
... .UlJ.....t-t- ~ WeclliU... I8Ip8Ct r- 0rd.J..naDce aDd the Library
8)-t- '. ;t... Or4t~.
County Attorney Cuyler advised that the Library Syste. Iapact ree
ia 8179.72, noting that the Executive Suaaary indicates $172.78, which
1. not correct.
He further noted that Staff has reco..ended a delay
Page 20
LII
'-..
--
DECEMBER 13, 1988
ot .5-60 day. in the etfective date of the collection of tees relating
to dwellings within the City ot Kaples and Everglades City, in order
tor the cities to review and consider an Interlocal Agree.ent.
Mr. Young stated that typically, adainistration costs are nego-
tiat.d in advance, adding that these coats arc based on a percentage
ot the revenue collected, i.e. 1~ - 3~.
c
t-J.a88r ---..- 8ØY8d. ~ by ~l_.1oDer Volpe. to
-...... t tM ~
-tioaa of Staff aDd the cOD8Ult8Z1t. to 8dopt the
I'8z'b ... Ir8Kz"U.oD&l l'8Cl1iti- Iapact 1'- Ordt~.
eo..issioner Volpe stated that earlier in the aeeting he
que.tioned whether Adult Congregate Care Living Facilities would be
included in the ordinances, and asked County Attorney Cuyler it he had
been able to _cartai" tntoraation on this 1::uJue?
County Attorney Cuyler advioed that the ordinance, as written,
doe. not provide iapact fees for this type ot tacility, because the
building perait was iøaued under an Institutional Category.
c
t-.i8D8r ---haB ...~ the 8Ot1.aa. to 1D.clade A4alt
0
I IJlta Care U".1Dg l'aciUti_; that the effective date for the
coll8ctJ.8a of ,... wlth.tA the .1.1:I.corporated are. be 18pl~ted iA ..
d8pr ... tile CcNDt:y collec:1:iOD of f... be eUective ~.t.ly 1IpOG
~ ... ~ of the Ordt~ by the Secretary of State'.
OU J.ce .
t-.1Ga8r Volpe accepted the ~t.
(':
Opoca call f or t.b8
~i8a. t1a8 8OU..-a çarried Bftaft1-..ly that the Ord1AaDc8 ..
.. t. ... 8dapted. Dmlbered. titled aDd eDt.red iAto Ordt~ Book
80. Ur
OaDI&&.IIC& '.-96
AM ORDINAMCE TO BE KNOWN AS THE COLLIER COUNTY PARKS AND
RECREATIONAL FACILITIES IMPACT FEE ORDINAXCE; PROVIDING
DEFINITIOKS, RULES OP CONSfRUCTION AND FINDINOS; ADOPTING A
CERTAIK IMPACT FEE STUDY; INCORPORATING BY REFERENCE THE
COMPREHENSIVE PLAN; PROVIDING FOR THE IMPOSITION OP REGIONAL PARK
IMPACT PEES ON ALL PARKS AND RECREATIONAL FACILITIES IMPACT
CONSTRUCTION OCCURRING WITHIN COLLIER COUNTY; PROVIDING FOR THE
IMPOSITION OF COMMUNITY PARK IMPACT FEES ON ALL PARKS AND
RECREATIONAL FACILITIES IMPACT CONSTRUCTION WITHIN THE
UNINCORPORATED AREAS OF THE COUNTY AND ALL MUNICIPAL AREAS, EXCEPT
TKE CITY OP NAPLES; CREATING COMMUNITY PARK DISTRICTS; DEFINING
THE TERM PARKS AND RECREATIONAL PACILITIE~ IMPACT CONSTRUCTION;
PROVIDING POR THE PAYMENT AND COLLECTION OF REGIONAL PAR¥ IMPACT
FEES; PROVIDING FOR THE USE OF REGIONAL PARK IMPACT FEES
COLLECTED; PROVIDING AN ALTERNATIVE METHOD OF CALCULATIOK OF
Page 21
!'
1:1
DECEMBER 13, 1988
REaIO.AL PARX IMPACT FEES; PROVIDING FOR THE PAYMENT ~D
COLLECTIOK OF COMMUNITY PARK IMPACT FEES; PROVIDING FOH THE USE OF
COMMU.ITY PARK IMPACT FEES; PROVIDING AN ALTERNATIVE METHOD OF
CALCULATION OF COMMUNITY PARK IMPACT FEES; PROVIDING FOR
EXEMPTIONS IN CONNECTIon WITH REGIONAL PARK IMPACT FEES AND
COMMUNITY PARK IMPACT FEES; PROVIDING FOR CHANGES IN SIZE AND USE
OF A BUILDING OR DWELLING UNIT; PROVIDING FOR VESTED RIGHTS;
PROVIDING FOR AFFORDAbLE HOUSING EXEMPTION AND AFFORDABLE HOUSING
REIMBURSEMENT; PROVIDING AN ALTERNATIVE COLLECTION METHOD FOR THE
REGIONAL PARK IMPACT FEE AND THE COMMUNITY PARK IMPACT FEE;
PROVIDING lOR CREDITS FOR DEVELOPER CONTRIBUTIon; PROVIDING FOR
REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; DECLARATION OF EXCLUSION
FROM ADMINISTRATIVE PROCEDURES A~T; PROVIDING FOR SEVERABILITY;
PROVIDING '~EFFECTIVE DATE.
I t:- -.c2
0IQ)TW.8" "-'7. LlmtAaT aratUi IXPACT FDa - ADOPTED
('
....1oD8r tlbaft.ah-. 8OV1td. _conded by Co8aiaaioner ..... and
carried --t-o.l817. to 1nclade Adult CoD9regate c.z.e Living
'-c11Jt1e8: tbat tb8 ettective date tor the col1ectiOD at t... .1~
U. iac;oaþwJ:.t8d are. be 1..8pl888nted 1.0 .6 cSay8. and the County
col1.c'U.GD ot t... be errecUve 1~i.tely upon return and accept8DCe
of U. Oz'dt-. by the Secretary at State'e ottice. an4 t:hat the
Oz'dt Tn :. -
<t~. be adopted, nU8bered. Utled and entered l.oto
Oz'd f
. Book 110. 13:
oa.o I JUJIC I, 88 - i 1
AJI ORDIKAJfCE TO BE .lCHQWN AS THE COLLIER COUNTY LIBRARY SYSTEM
IMPACT FEE ORDINANCE; PROVIDING DEFINITIONS, RULES OF CONSTRUCTION
AND FINDINGS; ADOPTING A CERTAIN IMPACT FEE STUDY; PROVIDING FOR
THE I~OSITION OF LIBRARY SYSTEM IMPACT FEES ON ALL LIBRARY SYSTEM
IMPACT CONSTRUCTION OCCURRING WITHIN BOTH THE UNINCORPORATED AREA
AJlD ALL INCORPORATED AREAS OF COLLIER COUNTY; DEFINING THE TERM
LIBRARY SYSTEM IMPACT CONSTRUCTION; PROVIDING FOR THE CALCULATION
OF LIBRARY SYSTEM IMPACT FEE; PROVIDING FOR THE USE OF LIBRARY
SYSTEM IMPACT FEES COLLECTED; ALLOWING ALTERNATIVE CALCULATION;
PROVIDING FOR EXEMPTIONS AND VESTED RIGHTS IN CONNECTION WITH
LIBRARY SYSTEM IMPACT FEES; PROVIDING METHOD OF CALCULATION
;HAJrGES IN SIZE OR USE OF A BUILDING OR DWELLInG UNIT; PROVIDING
FOR AFFORDABLE HOUSING EXEMPTION AND AFFORDABLE HOUSING
REIMBURSEMENT; PROVIDING FOR DEVELOPER CONTRIBUTION CREDITS;
PROVIDING FOR THE PAYMENT AJfD COLLECTION OF LIBRARY SYSTEM IMPACT
FEES; PROVIDING POR REVlEW HEARINGS; REQUIRING ANNUAL REVIEW;
DECLARING EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Itea ...1
~~.IC8 ~ rea 'lD B:LU.'fB UD PUBLIC SDVICU BOILDIWO -
ALl. 8%D8 8&J1tICtauJ 81001110 It&QUl~;¡-. TO .. MAlnD: TO .. aulD rt
%D rrn ~h.L8U COIl8TJtOCTIOII nDlS: STAn TO BaIWO ~
Jtlk:- r ..n088 C8 12/20/88
Public Work8 Adalnistrator Archibald stated that this ite. relates
to Bid 88-'1301, Conotruction of the Health and Public Services
Page 22
(43
DECEMBER 13, 1988
Building.
Be noted that bids were opened on Septeaber 7, 1988 _n~
five proposals were received; He advised that the BCC at their October
" 1988, ..eting authorized Staff to negotiate a contact with the low
bidder, relative to tiae and the County's cost, to arrive at an
agre-.ent of contract teras for the conatruction of a three-story
buIlding.
Be indicated that the three low bids that were considered,
were eubaitted by:
CarlaoD Corpor~t10n
Baa8 Conatruction
B. D. Rutledge
$6,6.8,000
$6,761,419
$6,811,800
Mr. Archibald noted that the bids were broken down by cost on a
~41y baais, and the tiDe to perfora the work was also taken into con-
8iaeration:
Carlson Corp, 390 days; H.D. Rutledge, ~74 days; and Haas
Conatruction, 375 days.
He stated that Staff is recoaaending the
award ot the conatruction contract to Carlson Corporation.
Mr. Archibald noted that the other portion of this agenda itea, is
the tunding of the contract.
He added that the County currently does
not have eufficient funds to cover all of the construction costs that
will occur during the next 1-3 years.
He indicated that there are a
serie. ot budget aaendaents included in the agenda packet, which
address providing for the security, not only to undertake construction
of the courthouae contract, but also to ensure that there will be
funds either pledged, or reserved so that construction dollars are
available for the construction projects.
He indicated that froa a
cash flow standpoint, and based upon the ~pay-as-you"go" Capital Fund
301, tunda w1l1 be available in the out years, 1989, 1990, and 1991 to
coaplete these projects.
He stated that the three phase tinancing was
previously presented, and it not only involves using the carryforward,
and the aaount ot funds that have been set aside tor these projects,
but to ~ercoae any shortfall, by pledging reserves and providing for
short tar. financing, i.e. letter of credit or tiae dollar aaount
reserved in a financing aechanisa at a local bank.
eo..188ioner Saunders questioned whether the three low bidders ~re
qualified to pertor. the wor~ for the project?
Mr. Archibald replied
Page 23
-,-
yL{
DECEMBER 13, 1988
attinaatively.
Co..issioner Saunders referred to the proteot of the bid that was
filed by Attorney aeorge Knott, representin~ H. D. Rutledge & Sons,
Inc., and notea that if ~ti.e is of the esoencc" was not specifically
stated in the bid request, and there appeara to be a $149,000 price
difference, he questioned whether it would be appropriate to aok H. D.
Rutl_ðg- if the7 could coaplete the facility within the s~ae tiae
period aa that of the Carlson CorporQtion, and at the saae price?
Co8aissioner Volpe questioned what will happen if Carlson
Corporation does not coaplete the contract within the specified tiae?
Mr. Archibald advised that the contract providea tor a liquidation
clause of an additional charge of $1,700 per day.
County Attorney Cuyler stated that the bidding docuaents contained
the question of how long it would take to coaplete the project, and
noted that ~ti8Ø is of the essence" is contained in the contract.
further noted that Attorney Steve Marlowe, øpecializing in construc-
tion law, and with the fira of Carlton, Fields of Taapa, is present
and he will address the ioBues at hand.
Attorney Steve Marlowe stated that it would be a violation of the
bid process to now go back and ask H. D. Rutledge about the nuaber of
d~. to coaplete the project, noting that the tiae in the bid i8 a
aater ial tenl.
He added that once bids are subaitted, the aaterial
teras cannot be varied later on.
He further stated that with regard
to the issue of notice, case law suggests that asking a contractor to
provide the length of tiac to co.plete the project, is sufficient
notice that that aopect will be used in deteraining who is the lowest
re.ponsible bidder.
County Managor Dorrill indicated that in addition to asking tor a
dollar price to conduct the work in accordance with the specitica-
tiona, the ti.. to coaplete the project is also asked for, noting that
ti.. is I8CIney.
He stated that five of the proposed occupants of this
building are currently in leased or teaporary space, and additional
costs are being incurred on a aonth-to-aonth basis.
He noted that the
Page 24
.
He
45
DECEMBER 13, 1988
conte.ting party's completion date is 150 days longer than his coa-
petitor. which was the rationale that Staff took into consideration ot
the COunty'3 total coat to keep those facilities in the leased space.
Attorney G~orge H. Knott, of Huaphrey, Jones' Myers, P.A., stated
that it is his belief that H.D. Rutledge & Son3, Inc. was the lowest
reaponaive bidder on subject project.
He stated that he understands
that there is another bid tabulation sheet that he has no~ been
aftorded a copy of.
Ccaaissioner Saunders questioned whether Attorney Knott had
requested any specific backup aaterial or documents regarding this bid
fro. Staff?
Mr. (nott replied negatively.
Mr. Cnott stated that a review of the bid tabulation sheet indica-
tea that B. D. Rutledge & Sons, Inc. bid is $149,000 lower than the
next highest bidder, and yet Staff is reco..ending that the contract
be awarded to Carl~on Corporation, which is a waste ot public resour-
ces.
Be indicated that an additional factor within the bid documents
was an additional one year guarantee on the building. noting that
Carlson's charge to the County for this is 850,000, and H. D. Rutledge
advi88d that there would be no additional charge.
He stated that this
now increases the County's cost to $199,000.
~ft
Mr. Cnott noted that there is nothing in the project bidding docu-
..nt. which indicates that tiae is ot ~he essence, and if the ti88
tactor was of such iaportance to the County, it should have appeared
within the bid specs, and it should have been mentioned at the pre-bid
conterence.
He turther indicated that according to his investigation.
Collier County aerely anticipates paying rent in the tuture on the
leased facilities, but it is not a current obligation.
He questioned
it ti.. is ot the essence, why has it taken 83 days to award this
contract?
With regard to the liquidation daaages stated earlier by Mr.
Archibald, Mr. Knott replied that this sounds good, but a contractor
can C088 up with a number at reasons why the project wasn't coapleted
Page 2&
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DECEMBER 13, 1988
on t18e. 1.e. weather. delivery of aaterial, design errors. etc.
He
stated that he is requesting that the County not waste the taxpayers
8Oney. and award the contract bid to H. D. ~utledge & Sons, Inc., or
reject all bids and re-let this project for bid, specifying that t1ae
1s of the ..sence, so that all bidders are bidding on equal footing,
Be indicated tb~t either option would prevent the County fro. aaking a
co.tly ai.take.
In anawer to Co..issioner Volpe, County Manager Dorrill rep11ed
that the coats 88sociated with additional adainiatrative overhead,
leases. electricity, janitorial services, etc. justifies the bid ana-
lyai. &8 reflected on Page 1: of the agenda package.
C088iasioner Saunders questioned if it would be pereissible for
the County to reject all bids, and direct Staff to deteraine through
eo88 abbreviated b1dding process, what the best cost/ti.e would be of
the three f1r.. with the lowest bids?
Attorney Marlowe advised that it would be per.issible, providing
that the County would waive the noreal bidding requireaents.
Coaaissioner Saunders stated that he believes that the best
intere.t of the coaaunity should ~ considered, it it is going to save
the County $150,000,
fJ
t-t.oaer ~Z'8 8OV1I4, 8eCODd8d. by Co8a.t_1cmer Volpe, tha~
...... 08 Ü88 ItMh'9 that there 1. aa.tt1c1ent cU8CU881oø raogarcS1Dg the
-~ cd Ua dol1ara, reject .11 b1d8, _he the b1cS41Dg procec2a.re8.
8IIId ürect 8àLfl to DegOt1at. with tba three low blddere. to d8~.ra.t.A8
be81: bU price. Y8. the ti88 to CO8plet.. b&8e4 on tba torwRla that Statl
.... ~ to 8Y8.l_t. the bld8, 8Dod 88k8 re<;..::
T nda t1 0118 t 0 the 8CC 1A
... --.
Co8a1ss1oner Hasse quest10ned whether there would be any reper-
cue.ion fro. the other two bidding tires?
c
t..t.oaer -----re 888n4ec1 hi. 8Otloø .. tallows:
ba8ecS on the
It-'t-. tAat there i. aa.tUcient di8CU88ion r89arding the ...inga 01
Ua dollar8:
reject .11 bid8; _1Ye the required bicS4ing Proc::e4ur1t8:
al1c8 ÜI8 Ii". li%'88. Carlaon Corporation. .... Construction. B. D.
P8g8 2.
l(,
D8Cmøa 13. 1 S..
Ibrth11r .
8a88 , lAc.. ..... 19b t Coca t rac t1 OIl eo.. aDd SOQ theria Ou 1 f
II88t c.-L.-U.CID. to rabid the project with 10W8tlt price/tl- to
~1ete t.b8 project: aDd Stat t to -.Ite reco
"48 t 1 0D8 t 0 the 8CC in
0D8 --, ...... aD the fonlll.la that ... U884 to eva11l.8te tbe pr....t
b148.
('I
t-.iG88r Volpe 8CCepte4 the .. lDdlMnt.
Attorney B;ll Guerrant, representing the Carlson Corporation,
stated that his client haa held its bid prices tor 60 days, noting
that prices have increased and he cannot be certain that his client
will be able to provide these saac prices.
He indicated that H. D.
Rutledge baa had the advantage of knowing his client's price and ti88.
Øe stated that Staff ha3 provided an analysis of savings, and noted
that the arguaent regarding the warranty 1s false.
He indicated that
Carlaon stated that a two year warranty would be $~O.OOO.
He noted
that ~tl8e is of the essence~ is clearly stated in Paragraph 6 of the
contract docuaents, which was provided to all bidders.
He requested
that the Board reconsider their action to reject all bids. or the
Coan~"7 be in a worse situation.
Attorney ~ott stated that nowhere in the instruction to the bid-
ders, is -tiae 1s of the esuence" ~eferenced.
eo..issioner Hasse questioned whether the intent of Coaaissioner
Saunders' aotion is that all five bidders will be rebidding with a new
tlae fr::.::::!7
Comaissioner Saunders replied affirmatively.
Mr. Archibald stated that he understands the Board's concern
regarding the dollar amount of the contract, but suggested that the
Board keep in aind that bidding requirements and security are only good
for a certain period of tiae, and that the rebid may result in higher
dollars, rather than lower ones.
Projects Coordinator Donegan stated that he attended the pre-bid
conterence. adding that he does not recall whether the time factor was
specIfIcally outlIned, but noted that the liquidation clause was
pointed out to all firaa, and the bidding documents were signed by all
participants,
County Manager Dorrill cautioned the Board to be sensitive to
Pag.27
42
DECEMBER 13, 1988
waiving the sealed bid governaent procureaent policy, noting that this
aay be setting the trend for future bids that Staff may be in the pro-
cess to award, when an attorney will present soae type of .eLhanis.
that aay once again teapt the Board to rebid.
.... call for ÜI8 c¡1I88Ucm. tb8 8OUcm carried 3/2 Cec-i-ionare
-.
L
... IIc.888 ~ c . ed) .
County Manager Dorrill stated that all five bidders will be con-
tacted with regard to today's Board action.
He noted that the
recO88endationa of Staff to be brought back next week, will not be in
the agenda packet, but they will be available for distribution
publicly on Friday, or Monday, preceding the .ecting.
Purcbaaing Director Carnell stated that for clarification, he
as8U8es that in teras of soliciting the information froa the bidders,
all conditions ot the contract will reaain in place, and the only
thing that is being resolicited is price and tiDe.
Coaai8sioner Saunders replied affirmatively.
...
Recessed: 12:.~ P.M. - Reconvened: 1:30 P.M. at which
tiae Deputy Clerk Mendez replaced Deputy Clerk Hoffaan ...
Iu. ~
CJ8D..--- . 88-ø Al88DIJIO oaDIJlAJlC8 "-28. a&ouI.A'fIOJI or IXCAV.I.'fI08S.
II:8Y18%88 &lID &œX81 DK7D1ITIOJIS 'to ~ .I. TltADru or A.DIan8T8Aß08
.I.Ø'I'88IaT'l - Abur-¡- &II
Legal notice having been published in the Naples Daily Hews on
.oveaber 23, 1988 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider a.ending Ordinance
88-26.
prcject Review Manager Madajewski requested the Board to consider
the adoption of an ordinance aaending Ordinance 88-26 in order to
transfer the authority for adainistrative decision making in the per-
.ittlnq of excavation activities fro. the Public Works Division to the
eevelopaent Services Depart.ent and defines the tara "County
Enqineer~ .
~t...1oDer a.a- 8OV'8CS. -cODded by Co8ai..ioner ~ aDd
carrJell --I~ly. that the public hearlnq be clo84td.
P8ge 28
LIq
~ 13, 1'"
f:
t..~ ..... 8G'V'8d., 88C:OQ4e4 by ec-1-1oDer m.-...~ 8Dd
carrJ." --t
_Iy, that the ordinance .. DU8bered and t1 tIed below
be Tll.."'" 8IIId Matered into Ordtnan<-e Book .0. 33:
ORDlXA8Ca 80.88-98
A8 ORDIKA8CE AMENDING COLLIER COUNTY ORDINANCE NO. 88-26. BY
REVISI.G AKD ADDING DEFINITIONS UNDER SECTION 4 DEFINITIONS
WHICB REVISE THE DELEGATION OF ADMINISTRATIVE AUTHORITY AND
DEPIKE THE TERM COUNTY ENGINEER; PROVIDING FOR CONFLI~T AND
SEVERABILITY; PROVIDING AN EFFECTIVE DAT~.
It- MC4
CI8D~ '. 88-" ADT8OJUZIJIO 'I'D COOJrTT MAJU.aD TO aKOt1I.I.n .L8D
z-r-r 8U. oo...uu",.1'IO. ACTIVITIES IfITliI. COLLID COOJrT'f UD
~ "'-310 aTAJlLISJlIJIO " rEa ~ - ADOP'RD
Legal notice having been publiohed in the Naple3 Daily NeW3 on
.ove.ber 23, 1988 as evidenced by Affidavit of Publication filed with
the Clerk. public hearing was opened to con3ider an Ordinance
restating and establiohing the County's Well Construction Code and a
Resolution to establish a fee schedule.
Environaental Reoources Supervisor Lorcnz advioed that the purpose
ot the proposed Ordinance is to provide a construction standard tor
per.ita of drilling inspections.
lie stated that the Ordinance io a
re8Ult ot input troa the general public. water well contractors, and
other State and Regional agencies.
He advised that the Ground Water
Protection Technical Advisory Coaaittee has played a significant role
in developing the Ordinance.
He noted that all well per.it applica-
tion. will be received and issued by the Development Services'
Cuato8er Service Section.
He indicated that the Ordinance will allow
tor the County's inspection of drilling and grouting operations.
He
stated that it will also allow Staff to laplcment the exiotinq
delegation agreeaent with South Florida Water Management District,
(SrMMD) .
Be advised that the cost to iaplement the Ordinance is
891.700 with annual costs estiaated to be ~62.700.
He requested an
ettective date for the Ordinance of February 1, 198~ in order to
acquire vehicles, train personnel and notify well drillers ot the
standards set by the Ordinance.
Re.poDding to Coaaissioner Shanahan, Mr. Lorenz advised that the
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DECEMBER 13, 1988
County will be getting the $91,700 and the 562,700 costs back.
He
indicated that the tees are self-explanatory as indicated in the
backup intoraation.
Dr. john C. Staiger, representing the Ground Water Protection
Technical. Adviaory Coaaittee, reiterated that the Co..ittee haa
advised Statt on the evolution of the Ordinance and other ground water
protection .atters.
He indicated that the Ordinance is a foundation
tor the overall ground water protection strategy for the County with
which the eoaaittee is presently assisting Staff.
He indicated that
the eoaaittee endorses the iapleaentation of the aforeaentioned
Ordinance aa it is essential to preserve the drinking water supply aa
well aa protecting ground water resources.
('
f..~ ---h-z:! 8OVed. -.coD4ed by Co8aJ_iozaer ..... an4
C81"Z'ied --f~ly. that the public hearing be clO88d.
("
f-.1aaer ..... 1IO'V8d. seconded by Co8aJ..i0D8r Sh"""'h8D an4
C81"Z'ied --t--Uly. that Ord..tn.uw:e 110. 81-99 liaiting the tiae tor
i81t~t.at1.ala to ..brGary 1. un be a40pted .. nuab8red 8Dd titled
belo8r ... -t8r8d ato Ordt~ Book 110. 33:
ORDIXA8Ca .0.18-89
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AM ORDINANCE RESTATING AND ESTABLISHING THE COLLIER COUNTY WELL
CODE; PROVIDING FOR FINDINGS AND PURPOSE; PROVIDING FOR TITLE
AWe CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR
DEFINITIONS USED IN THE ORDINANCE; PROVIDING FOR PERMITS,
EXEMPTIONS, EXCEPTIONS AND VARIANCES; PROVIDING FOR APPLICATION
PEES, APPLICATION CONTENT AND APPLICATION DURATION; PROVIDING
FOR PERMIT ISSUANCE CONDITIONS; PROVIDING FOR SUSPENSION AND
REVOCATION; PROVTDING FOR WELL COMPLETION REPORTS; PROVIDING
POR INSPECTION; PROVIDING REGULATION RELATING TO THE LOCATION,
PERMITTING, STANDARDS OF CONSTRUCTION. REPAIR AND ABANDONMENT
OF ALL WELLS IN COLLIER COUNTY; PROVIDING FOR WELL CONTRACTOR
LICENSING AND EQUIPMENT REGISTRATION; PROVIDING FOR ADMINIS-
TRATIon; PROVIDING POR PENALTIES; AMENDING ORDINANCE 74 50
AMD REPEALING RESOLUTION 84-68; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING POR AN EFFECTIVE DATE.
~
f..~ ..... 1IO'V8d. 8eCOnded by Co8ai..ioner Sh.-.,..h-z:! an4
C8n'ied --ia0a81y. that lteeolation 110. 18-310 e.tabl18hing a t..
-~1~ Je for the above-..ntioned Ordinance. be a40pted.
Page 30
C)(
DECEMBER 13, 1988
I t88 88C8
Q8D""'- 80. 88-100 AKlœDIIIG OKDllUJlCZ 110. 87-79 . RKSOLO'TX08 ..-311
D"'A- T~ rD8 ULATIJIO TC PKJaaT rns POa SLUDGZ '1'JLUI:SPOa%ATI08
10%,,--." UID St.UÐCn DI~~~.CDS~__- ~PTZD
Legal notice having been published in the Naplc9 Daily Newa on
.oveaber 23, 1988 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider amending Ordinance
87-79 and to approve a Res01ution establishing annual fees for )ludge
transportation licenses and sludge disposal per.it.
Environaental Resources Management Supervisor Lorenz advised that
the proposed Ordinance is to allow fees to be set by Resolution for
.ludge transportation licenses and sludge disposal per.its.
He indI-
cated that the aaendaent gives the County Manager or his designee the
authorIty to issue the aforementioned licenses.
f'
....ia88r Yolpe 8O98d. 88<:OIId84 by ec-.1-I00er Shan..ahaoq 8Dd
C8ZTioM --I-.ly, that the pv..blic b8ar~ be c:lo88d.
c
t-.1GD8r ...... 8OVed, 8eCODded by Co8aI_1oner S~htm 8D4
C8ZTioM --t-.ly, that the Or41A8DCe - auabered and titled below
... .....l.t1c8 80. ..-311 be adopted and entered into Or4i...n<:e Book
80. U¡
0ItD IJL\8CZ 80. .. -1 00
~ ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 87-79, BY
DELETIKG REFERENCE TO THE DEFINITIONAL TERM ~DEPARTMEHT"; BY
PROVIDING A NEW DEFINITION FOR DIRECTOR; PROVIDING ESTABLISH-
~ OF SCHEDULE OF FEES FOR SLUDGE TRANSPORTATION LICENSES
BY RESOLUTION; PROVIDING ESTABLISHMENT or SCHEDULE OF FEES FOR
SLUDGE DISPOSAL PERMITS BY RESOLUTION; PROVIDING FOR CONFLICT
FOR AND SEVERABILITY; PROVIDING AN EFPECTIVE DATE.
Page 31
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DECEHI¿R 13, 1988
Ia. ..1
888OCo8"nC8 80. - ..-6 MllDrDIJIO . ~A'I'IJIO u.soLO'rIOW 80. "'-..-a
AD ~vnC8 80. .. "-6 SUPPLDlD"'fIJIO I8IS 88-3 AUTJIQUZllkI 'I'D
I~~ .., ~ IIUICO 1lATD. A.IID SDD DISTJUCT 01' 82,600,000 18
8I'8C1AI, ..... I lIT BOIrDS_=- A.DOrt~~L -------------
County Attorney Cuyler advised Co.missioner Saunders that as his
tir. would be involved in the Marco Island Water/Sewer District
Special Assess~nt Revenue Bonds he should abotain from ~~ting.
Utilities Finance Director Mcnees advised that the Marco Island
Phase II 5<~r Collection system has been constructed and on July 26,
1988 the Board approved the final apportionment of project costs tor
the aa....aent district.
He requested authorization at the purchase
agreeaent with Saith Barney for the sale of Marco Phase II Special
Aa-....nt Revenue Bonds.
Mr. Dave Fischer, Financial Advioor, advised that the Board would
be voting on a coabination of the Sale of Bonds, a Purchase Agreement
and a Reaolution pertaining to the sale of the bonds.
He indicated
that there has been a Special Assessaent District on Marco Island for
which property owners are assessed tor the full aaount of the cost of
the project.
He indicated that property owners are given the oppor-
tunity to pay the cost of the assessment upfront in ten equal
~D8t.llaents at the interest rate of 8.61%.
He indicated that
8500,000 have been received as prepayaents ot the $1,790,000 that was
"...sed.
He noted that property own~rs can prepay and retire the
bonda without a penalty.
He advised that the banda are non-rated
bonda ~ it is the first tiae the County has been involved in a
Special As.essaent Bond isaue.
He reterred to the Underwriter's Pees
and &xpeD8es, the Issuance Costs and the Bank Letter of Credit Pee aa
delineated in the docuaents provided to the Board, and explained saae.
Mr. '1'08 Giblin, of Nabors, Giblin and Stetfans, expounded that
there are two resolutions that the Board aust taken action on; the
Bond Reaolution which contains all the items which secure the bond,
and. Re.olution which contains the actual termo of the bondo.
He
DOted that the Cash Debt Resolution contains three ditterent exhibits;
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DECEMBER 13, 1988
the Contract of Purchase; Letter of Credit Reimburseaent Agreement,
and the Preliainary Official Statement.
~'_laaer Goodnl!1ht 8OVed, ..conded by Co_laaloner Shan.-h."
aDd carrled 4/~ (C0881aaioner S«un4era abatalned) that Reaolutlon MM8
88-6 888D41Dg ~ certaIn re8p8cta and reatatin; In ita entlrety
1L88o1.~loa 80. - 88-3 be adopted.
("
t_Jooer -.......h... 8OVed, ..conded by Co-laaloner Oooc1nl!1ht
aDd carr.184 4/0 (ee-laaloner S«un4er. abatalned) that Reaolutlon
--88-6 Mllppl_ting a r8801utlon entitled -A Reaolutlon &88n4ing ~
~ r~t. aDd reatating In ita entirety 1t88o1utlon --"-3 be
...... .
Page 33
58
DECEMBER 13, 1988
Iu. "AJ
~..I[.lTUJ8 .-"'18, 8.ICJIAIU) Z. LASH, UQUUTIIfG A . FOOT, 8 IJICB
V" T ...... ... ~ It8QVI It&]) I I DE Y UD S nø.&cE 0 r 6 nrr TO 4 I 8CDS AIID
A ., I'OOT ....y&-cw: I'ItC8I TD R.&QOIRKD DISTAlfCZ BETWJ;U STJtU\óI'uAU or 10
J'DT TO I FDT - œÐ&D --------- --
Legal notice having been published in the Hapleo Daily News on
Koveaber 27. 1988 as evidenced by Atfidavit 01' Publication filed with
the Clerk. public hearing was opened to consider Petition V-88-18,
Richard E. Lash, requesting a side yard variance and a variance fro.
the required distance between structures in order to allow a partially
coapleted shed to reaain at ita preaent locat10n for property located
on the south side of U.S. 41 approximately 2-1/4 miles east of S. R.
951, Lots 334 and 568, Imperial Wildernc39 R.V. Reaort in Section 12,
Township 51 South. Range 26 East. Royal Faka-Palm Creek.
Planner Scheff adviaed that the partially co.pleted storage shed
is located on both Lots 334 and 568, and the purchase of Lot 568 was
aade with the intent of keeping this lot clear of an R.V. and
enhancing the view.
He noted that the petitioner began construction
with the approval ot neighboring Luta 242 and 335.
He stated that
a stop work order has been issued by the Licensing and Zoning Section.
Be noted that there is aaple space to locate the storage shed within
the required side yard setback of 5 teet and the required distance
between structures of 10 feet, and the Engineering Departaent does not
object to the petition.
He advised that Staff recommends denial based
on the fact that a land or st~ucture related hardship does not exist.
He indicated that the Planning Commission held their public hearing on
Koveaber 17, 1988 and recommended approval; two people spoke in favor
and ODe person spoke in opposition of the petition.
He noted that two
letters of support and one letter 01' oppoaition have been received.
In response to Co..issioner Haase, Mr. Scheff expounded that the
shed is approxiaately four inches from the property line.
t'
t-.1aDer ."---., 8OV8d. 88CODded by Co8a1_1cmer ....., that
~ .-Uc lil8eriag be c loeed .
Co8ais.ioner Volpe stated that each of the criteria has been
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DECEMBER 13, 1988
variance.
revirwed to deteraine whether or not there is justification to a grant
He stated that although he waG 9Y8pathetic to Mr. Lash's
situation, a line auat be drawn at some point in the granting ot
variances.
Dpaa call tor üae qa,8181:1OD the 8O1:iOD carr1ed nn.....t~ly.
Mr. Scheff contiraed tor Coaaiasioner Goodnight that the peti-
t1oner was preaent.
c
'-.'-zo --_h.,. 8O98d, ~ by Co8a..1_10Dn' .... ~r. aDd
C81'riM
'I _1y, that the pa.blic boM.r1ng be reo~.
Mr. Richard E. tanh, the petitioner, advised that he owns two
adjoining lots.
He provided the Board with photos of his property
which abow the view of the shed before and after.
He indicated that
be ~ . unique boundary line between lots.
He confiraed that the
abed had been placed with the consent of adjacent property owners.
He
ae requested consideration in the aatter.
noted that be is the only owner in the park that has a peculiar lot.
Coaaisaioner Volpe reiterated his previoun stateaent, and the
aesthetics is not a factor to be conGidered; Co..issioner Shanahan
concurred with the aforeaentioned s~ateaent.
Re8pODding to Co..ionioner Goodnight, Mr. tanh advised that he
owns Lot ~68 and the shed io located on his property.
f'
t..~ --..h.A1!1I 8OY8d, 88CODdecS by ec-..t..i0D8r ..... that
die ._U.. lle8rialg lINt clO88d.
County Attorney Cuyler noted that the pictures provided by Mr.
Laab 8a8t be aade part at the record.
(Exhibit "A" and ~B")
.... call tor üae c¡1M81:.1OD, üae 8Ot1011 carr.1ed UDIIR.18oa.81y.
f'
t..ia8eao ---h..... 8O98d., 88CODdecS by ec-1_iClD8r ~11gb.t to
J.w -.- 191:1t.1- V-88-18, baaed on the cepe'. rec(
1"148t1OD.
..... call tor üae q1a88UOD, the 8OUOD taUed 2/3 (Co8a1_10D81'8
Yolpe . ..... aDd --'-'1'8 oppoeed).
IQ8 ~28
au-«'UI08 U 8OAaD OJ' QQOJrT1' COI8IIS8IOIID.S' TUvu. - APPt!u91w
aside tor travel he felt it would be appropriate to divide the aaount
Co..i.sioner Saunders suggested that as the Board has $14,OQO set
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DECEMBER 13, 1988
&8Onç the eo-iasione:. equally or by soae other aethod.
that ~2,OOO be set aside for each Coaaissioner to be used for Florida
He suggested
Association or the Kational Association of Counties aeetings.
He
stated that once the aaount is expc~~c~ that would be the end of the
trav~l for any given Co..issioner.
He suggested that the balance of
the i~avel Budg6t be set aside tor each Commissioner that is called on
to travel tor soae special e.g. a governmental meeting.
Co_lssioner Hasse asked who deter.ines the Coaaissioner that uti..
lizes the additional aoney1
Coaaissioner Saunders responded that it
depended on who was available and whose district was being impacted by
any given project.
C--t ..~ .
..14tra 8OYeð that out at the 01.,000 TrllV8l 8adget
tor " 1... tJaat 8IIC.b Ca8a.1_.1cmer have 82,000 they C8D ... tor 8Dy
W1or148 .A88ociat.1.c:a at Coazat.1- or "t.1ODal .I.aaoc1aUoo at Coazat.1-
...t1-.. tMt tMy ~t to atteDd: 0DC8 the 02,000 1. -xc..de4, t.ber8
wJll AOt ... -- trlnr8l tor thoee typea at t1ZDCt.10D.8: that aD 8d4J-
.t-- , 84.000 ... -t -148 tor travel tor epac1al -.ti.D98 tnICh -
~~ 811:Ja u.. 8o...J:£a"r.
s.c ~..s.d by Ca8a.1...100er ---~1ID..
Co_issloner Volpe concurred wi~h the aforementioned and suggested
that perhaps it should be done based on percentages e.g. 20~ of the
the Co8ai8.ioners.
Badqet be aet ..ide and the reaalnlng aaount be divided equally &80ng
He stated that an arrangeaent should be iaple-
aentcd aD. quarterly basis.
Co-issloner Saunders expounded that if at the end at the year a
CO_ia.ioner has not used the $2,000 travel expense then it will go
back to the General Fund.
.... .&U for t.b8 q888t1ca the 8Ot.1ca carr1ed DftaR180U8ly.
1t:8a ftU
IIII8aI.8nc8 ... 88-a1l .. ItDOO'rIIIQ T'ItUCX runIC I'ItOIMI a.a. 861 to C...
n (..8. .1 TO -~ 18W.IIJ)) - AOOI"'RD
Co8ai8sioner Shanahan requested that a resolution be adopted to
develop a plan to be subaitted to the Department ot Transportation,
to consider C.R. 92 as a truck route tor vehicles co.ing fro. and oft
Page 36
/, .-7 "::;>
) .-
DECEMBER 13, 1988
Marco Island and Isles of Capri.
He ~tated that the basis tor the
recoaaendation is to reduce the voluae on S. R. 951 and tor satety
rea.ona.
He noted that the plan haG been suggested by reside~ts ot
the area and supported by RcprcGcntative Mary Ellen Hawkins who has
approached DOT in support of the action.
He further noted that the
Goodland Civic Association, Marco IGland Civic Association, the Marco
Island Cbaaber of Coamerce and a sizable amount of re3idents support
the action.
Be indicated that there is also some OPposition to the
action.
Responding to Coaaissioner Hasse, Coaalssioner Shanahan explained
that pre..ntly he was aerely requesting that Staff dratt a resolution
tor DOT to considcr C.R. 92 as a truck route.
Public Works Adainistrator Archibald advised that Statf can work
with DOT to initiate a plan to encourage truck traffic to utilize
C.R. 92.
He noted that the bridge on C.R. 92 has to either be
replaced or fortified in order to handle the weight.
He stated that
the bu8iness coaaunity as well as the residential co..unity are sup-
portive ot the plan.
---co.i..I00er S8ander. l.ft at thIs ti..---
~..
Ma. Carol R. Lasb, of 1830 39th Street, S.W., adviGcd that her
husband, Mike Laab, and she own Mike Lamb Grading and Tractor Service
in Golden Gate.
She asked the Board not consider Gtopping trucks tro.
utilizing S.R. 9~1 and utilizing C.R. 92.
She stated that C.R. 92 and
the bridge on U.S. 41 cannot handle the weight of the heavy trucks
that service the County.
She indicated that her drivers would be put
in jeopardy and noted that Marco Island residents would be the ones
.uttering the 8Ost.
She stated that a building aoratoriua would
re.ult troa the proposed plan as no one would be able to afford the
atter .ttects ot tho cost to be initiated.
She stated that she had
contacted Messrs. Webb and Cusher, President and Vice-President of the
Florida Truckers Association, who are Opposed to the plan.
She
auggested that S.R. 951 be four-Ianed as soon as Poooible.
Page 37
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DECEMBER 13, 1988
Mr. 3aaea 3. Kornae asked Co..issioner Shanahan it a research has
been Conducted?
Co..iasioner Shanahan responded that independent aur-
veys have been conducted which indicate the aaount of truck traffic on
S.R. 9!>1.
He noted that presently he was not asking that truck traf-
fic be rerouted, and r~iterated that his request is for DOT to con-
sider deøignating C.R. 92 as a truck route.
Mr. Kornse advised that
the Goodland Civic Association supports the teaporary rerouting of
truck traffic to C.R. 92.
Mr. Wilson J. Ruaberger of Lee County Electric Cooperative advised
that his co8pany is responsible for the power of distribution on Marco
Island and Dade County line.
He stated that rerouting the truck is a
solution, however, public safety is a aajor COnCern in regard to hi.
cOllpany's response t iae.
He requested an exception for Lee County
Electric.
Coaaissioner Shanahan advioed that when rerouting is iapleaented
eaergency vehicles would be taken into consideration.
Mr. 8ill Hill of United Telephone cOncurred with Hr. Ruaberger's
stateaent and indicated that response tiae is an important factor to
be taken into consideration.
Coaaiasioner Shanahan reiterated his recoaaendation and expounded
the procedure to be impleaented.
Mr. Edward HcNaaara, of Coastal Beverage, requested consideration
be given to beverage distributors and tood brokers that utilize S.R.
951 to service Isle at Capri and Marco Island.
He stated that turn.
taken by trucks would double if the plan is put into effect.
He
stated that traffic would be increased, not decreased, by the proposed
plan.
eoaaisaioner Shanahan noted ~hat the plan is aerely a study to be
taken into consideration and his position to designate C.R. 92 a. a
truck route baa not changed.
eoaais.ioner Volpe stated that the State will have to sake a
deteraination in the &atter and the study i. aerely to deter.ine it
C.R. 92 has the capacity to handle truck traffic.
Page 38
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DECEMBER 13, 1988
Coaaia8ioner Shanahan expounded that the recoaaendation i8 for DOT
to designate C.R. 92 as a truck route and the deteraination to reaove
vehicle3 fraa S.R. 951 would have to implemented by the State.
Co..issione~ Volpe suggested that it safety is a problea, perhaps
the speed liait in the area should be observed.
Coamissioner Shanahan
advised that he has discussed the issue with Hr. Archibald.
Ms. Terri Douglas, representing Waste Kanageaent of Collier
County. (Yahl Brothers Disposal), indicated that the proposal will
greatly involve the coapany's services to Marco Island, Isle of Capri
and Port-Au-Prince.
She stated that the associated cost will increase
the co.pany's operating expenses.
She indicated that trucks travel in
areas where no truck øigns are posted for which the coapany is
expected to provide garbage collection for residences and businesses.
She, therefore, requested that Waste Management be exeapt tro. any
rerouting proposal to be considered.
CO..i8sioner Hasse indicated that the Board is aerely trying to
establish a truck route and not reducing any kind of traffic on S.R.
951.
Be stated that he was hopeful that the State and Staff would
deteraine a aethod of alleviating the situation on S.R. 951.
He
expres8Cd concerns about the excessive 8ileage, weight and the
p~obl.aa confronted by the building and service industry.
He stated
tbat he was hopeful that the proposed plan would encourage the State
to coaplete S.R. 951 in order to have a safe road as well as truck
utilization of Sð8e.
c
t..1oDer ."'--~ 8OV8d, ~ by ec-i_iaoer Volpe
cUrectiDg Statl to draft b801utlcm ..-312 r8qU88tJag the ~t
of TI
IS Qrtatiac to COD8ider c... 52 .. a tn¡ck rout..
eo..isaioner Goodnight indicated that she is in favor of the
action because the Resolution will allow the State to direct the Board
on a aethod to be i.pleaented and what the State will do to aake the
road -fe.
Co..issioner Hasse requested that Mr. Archibald deter.ine where
the weight llaita should be iapleaented, as it is particularly iapor-
Page 39
.J'7~
DECEMBER 13, 1988
tant to the service industry.
Coaaissiener Volpe indicated that the iosue being discussed is as
a result of the situation of S.R. ~~1.
He stated that he was not
satisfied th4t to consider C.R. ~2 an truck route is the solution to
the eXisting preble..
He neted that any kind of restriction iaple-
&entad on S.R. 951 would result in specific proble8S as indicated by
the speaxer3.
He stated that the iaGues should be considered siaulta-
neously and a deteraination should be made jointly in regard to both
C.R. 92 and S.R. 951.
Qpaa call t or the que. t ion, the 80 t i OQ c-.rr 1 ed 3 / 1 ( c.-- t ..100er
Yolpe ~'J: t td 8Dd ec:.-i_iooer JS.aundera abeeut).
...DD<;
-t ~ r.ceived in Clerk ot Board ottice.. ot 12/30/.....
I tea ...
na ~ IU:Pa.UDTIJIG IULLLUI a ~.NU I'IUDT a.QOUTx.q
~ Y~T.I..I1('Jt - PnITI08Q TO FInn aooF a FIL& POa Y~u.t1C8
I.PPLt ç.&n 08
Hr. Harold Hall, on behalf of Mr. McCUllough, requested that the
above-aentioned petition for a variance be tast.-tracked.
He indicated
that the lot ia a cul-de-sac lot, ~Id the site plan delineates that
the rear corners encroached into th~ rear yard setback.
(Lot 41. H110
St., Isles of Capri).
He advised that a 25 foot variance request is
presently being processed, and after speaking to County Manager
Dareill he had requested to appear before the Board to fast track the
petition and to requeat that the roof be completed.
He requested a
Notice to Proceed order to finish the roof, and, it Possible, to
coaplate the house.
Since the houne in a stilt house, he noted that
it would not block the neighbors' view.
He stated that he has
received written statementa or no objection froa adjacent property
owners.
He stated that he ia aware that if the Notice to Proceed i8
approved, they would be proceeding at their own rink. and it did not
guarantee that the variance would be approved.
He noted that the
house is 7~' co.plete.
County Manager Dorrill advised that the previouG Board had
inatructed Statt not to bring back such requests to the Coaais8ion.
Page 40
;)71
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I
~
ii
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DECEMBER 13, 1988
He noted that the item is before the Board in orècr tor the Board to
deteraine if people should be allowed to continue construction until
such tiac as a variance i9 processed.
He requested direction in the
aatter.
Responding to Commissioner Hasse, Mr. Dorrill advised that the
petition is being heard because the County has stopped construction of
the house.
County Attorney Cuyler pointed out that the County ha& a require-
&eat that a survey be submitted to ascertain that the setbacks are
correct, however,
in most cases when the spot survey is submitted
violations are disclosed.
Co..iasioner HasGe stated that Staff should ascertain that legi-
tiaate surveys are conducted and properties are properly staked,
however, if the requirements are not adhered to, then soae action
should be initiated.
Acting Coaaunity Development Adainistrator Olliff advised that
Staff will be providing the Board with a report which lists actiona
that can be implemented in order to prevent such iaQues.
He stated
that once the slab is poured, the County requires a spot survey, and
pointed out that a survey iG not conducted when the stakes are In
place because they can easily be aoved.
He advioed that setback
probleao involve three factoro; an odd-shaped lot; owner/builders not
familiar with the process; and aeaaureaenta taken from the wrong line.
Be noted that the law is set up ao such that there io 21'-day period
fro. the time the slab i3 poured to the time the survey is required.
He stated that one ot Staff's recommendations would be to set the ti8e
frame to 14 days.
He stated that the report requesto that the
Planning Coaaisoion and the Board deny variances if they are not
just it iable.
Kr. Rick McCullough,
the Building Contractor, otated that the
21-day time period for a spot survey might be adequate for a standard
olab houGe, but it is not adequate for a stilt houue.
He noted thilt
the spot survey would be inadequate as the house is elevated.
He
Page .1
_)-7e
i
,
¡
1
:1
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,-----
DECEMBER 13, 1988
stated that the reason to aaxillull was becau3e of the ~ize con-
figuration of the lot in relationship to the water and its location in
Isle of Capri.
Assistant County Manager McLemore advised that the issue has been
workahopped with the Builders & Contractors Association on three
different occasiono.
He noted that it is the Association's desire
that builders b~ made accountable for the work performed ~~d not pena-
lizc the aajority of the builders who get it right the aajority of the
tille.
He reaffirmed that the accountability lies on the builder and
the survey and not the Board of County Co..issioners.
Co...1ssioner
Haase concurred with this statement and added that builders should be
red-tagged.
Responding to Com.isoioner Volpe, Mr. McCullough stated that the
aides of the house arc complete, and the roof has felt paper which is
ready for "tin-tab" inspection.
He, however, noted that atter the
builder received the apot survey and the encroachment was detected,
construction was stopped.
He requested peraisaion to finish the roof
to minimize the water damage resulting froa rains.
C-t-.1oDer tU...."'.h.an IIOV8d that lUck McCullough, rep.6-ntiDg
lUll ~ aDd krbara r.1k8rt, be allowed to t 1ni8b the root on the
~ at Äi.8 OI1lIa riaJt.
County Attorney Cuyler advised that the petitioner understands
that he would be allowed to continue construction at his own risk, and
does not have any vested rights and reiterated that any construction
that is initiated after (Deceaher 13, 1988) would be at the peti-
tioner's risk.
He pointed out that it a ainiaal allount of work is
implemented to protect the house then the Board would not be placed in
a büd posit ion.
C'
1-.10C1811' Volpe ~ t.be 8Otion Mhich carried. ~/O.
(C~I_1.oaer ---.sera DOt pr._nt).
Co..issioner Haose advised Mr. McCullough that the Board was not
t~t tracking the procedure.
I tea ...
JOG CLIrPOaD Jt&OCJU.1I!8!L~ .oe- roar VAJU""C~ - DDUD
Page .2
;r79
DECEMBER 13, 1988
Mr. John M. Clifford, President of Clifford Construction
Corporation, stated that initially a survey was performed fro. which
plat plan was drawn and one of the anqles was wrong (Lot l~, Block A,
The Vineyards, Unit One).
He ntated that the Zoning Department had
referred hi. to the Planninç Department and he wan inforaed by Staff
that a 1\ toler~nce can be qranted without having to appear before the
Board, however, the encroachment is .06 feet.
He advised that 3/4 of
an inch has been taken oft the houne.
Coaaiaaioner Hasse anKed how much construction has been done on
the houDe to which Mr. Clifford rcnponded that the trusses are set,
the roof is on, and the walls arc up.
Responding to Coaaisnioner Volpe, Mr. Clifford advised that they
had 1.3 fe~t Over the allowable 25 foot setback requirement, and they
had 23.7 feet fro. the left rear corner of the structure to the
nearest point of the northern lot line.
County Kanager Dorrill adviscd that an part 01' the current
ordinance Staff has the adÆinistrative ability to approve variances
within an acknowledged degree of tolerance within the surveying
indu~try, however, the petitioner i3 3/4 ot inch troD Staff's ability
to approve the request.
Acting Coaaunity Develop.ent Adminiotrator Olliff advised that the
petitioner's variance request io for 1.3 feet which needs Board deter-
.ination.
County Attorney Cuyler noted that the previous ad.inistrative pro-
ceso for variances was done baaed on an inch or half-inch oft,
but anything beyond that aunt go through the variance process.
C'-t..ioaer .h_"""'~n 8OVe4. -conded by Co8ai_loD8r VOlPI, to
allow Mr. JobD M. Clifford, Pr..ident of Clifford Conatructloa. to
COIIIplet.e 18åat.....r COD.atruct ion need8 to be done in ordar to pr."-.ut
..
,. to Ai. ÀOao8e. bowever. tbe ~ cannot be cOIIpleted prior to
Y8Z'1-. ~v..-l.
County Attorney Cuyler advised that in thio cane the Board had
leBo legal position since the previous approval was done to prevent
Page 43
,:J .') ('
DECEMBER 13, 1988
water tro. daAaging the house, however, troD a legal standpoint he
would not recoamend the same determination.
Responding to Commissioner Volpe, Mr. Clifford noted that felt
paper has been put on the hounc and no aajor daaage would occur to the
house if the telt paper fell off.
County Attorn~y Cuyler advised that the variance cannot be granted
as it haa to go through a public hearing process.
Coaaissioner Volpe stated that the requeot io differe¡,t fro. the
previous request as the house does not have to be protected fro.
daa.age.
us-- c:.a.ll t 0'1' the Cl'M8 ti on , t be ao t1 on t a11 ed 0 / . , ( ec-.1-1 cmere
4t~---, Volpe, ...... and Goodnight oppo84'd and. Co8a1_100er8
~"""".t:. abecDt).
eo.a ty A tt orDIrJ' Cv:y 18 r 8dv 1 eec1 Mr. C 11 t to rd tot 118 the var 1~
r~t - 8OOD - poaa1ble.
It- .-c
~ ;¡. -In JtKQO1tS"T rea A 6 FOOT SrrBAeX. VA..RIAJlCK - S'u" Da.J:CTJ:D
TO CX8'f.lC'l 'ßTDAJIa A.[IIU.ISTJlATIO. - PnITIO. BJ: BItOOGB'r B.&CX 18 A
~
Mr. White, the petitioner. advised that according to the County's
setback requireaents, the builder had built his own home 5-7 feet too
close to the street.
(Block 182, ~t 5, Unit 6, Golden Gate City)
r~~ested a variance so that construction of his home can continue,
and in order tor him to close prior to February 15, 1988, when his
Veteran'a Administration loan expires.
He stated that the loan is a
bon~ loan with a spccial interc3t rate.
Hc noted that the Planning
Start had advised him of the variance proccaa.
Hc indicated that he
has spoken to his U. S. Reprcsentative and she strongly suggested that
he tile tor a petition.
He indicated that he was aware that a
variance request taken three aontho, but requested consideration 1n
the &atter in ordcr to clone by February 15.
He provided the Board
with pict-trea of the property.
Hr. Whitc confirmed for CommiGoioner Volpe that hl~ home ia being
built by Ryan Homea.
Hr. Olliff advised him that he dl,i not know the
Page ..
,J 9, }
He
----_. . "..-,
DECEMBER 13, 1988
circuaatancea involved in the variance request.
Hr. Bob Peterson of Ryan Homes advis~d that the surveyor
transposed two nuaber3, one which represented the septic tank and the
nuaber related to the setback.
In answer to Coaaissioner Shanahan, Mr. Peterson stated that the
request ia for a 6 foot variance.
Coaaigsioner Volpe asked if the petitioner could get an extension
of hi3 VA loan?
Mr. White responded that he had contacted the VA
and the Governor's office and was informed that they could not do
anythin~ in the &atter.
He advi3ed that Ryan Homes is prepared to
aove the house and rebuild it at another location.
Hr. Olliff indicated that the decision au3t be initiated and Staft
should not get the blame for something that is beyond their control.
Responding to Commissioner Hasse, Mr. Dorrill stated that the
County requires that a survey be aubaitted to the building official
within 21 daY3 from the time the slab inspection is &ado.
Mr. White advised Coaais9ioner Volpe that the house would be
coapleted before February 1~.
{'
i_i-r ...- 8OV8d, that the petitioner be allClW8d to 8OV8
f~.
MotiOA died tor lack of a aec:ond.
Coaaissioner Goodnight asked Mr. Peterson if Ryan Homes would be
willing to move the hou3e to a different location after the closing
waD done?
Mr. Peteraon responded that the closing could not be done
without the variance as it is needed to get title.
He stated that the
bond restrictions would not allow completion with a title problem.
Coaais3ioner Volpe stated that the Board is not actually granting
the variance, but allowing the builder to proceed with constrlction.
He noted that the variance proc~ss must be executed.
Co..issioner Goodnight suggested that Staff contact the VA reprc-
sentatlve and inform them of the clrcuaatancea involved and request an
extension of time.
County Attorney Cuyler advised that the same legal recourse
applieD to thia request as the requests previously discussed.
Page 46
;] R ¿;)
-"..e<,,--,-.-
DECEMBER 13. 1988
Co..issioner Shanahan indicated that the beat course of action
would be for Staff to contact the VA office as suggested by
Coaaiasioner Goodnight.
Commissioner Goodnight added that as it is
not Mr. White'L fault the County should try to help in the aatter.
Mr. Olliff indicated that :~c petitioner's request entails two
factors, to be allowed to continue construction and to tast track the
variance procedure.
He noted that the fast track procedure would give
him an opportunity to appear before the Board by February 1., 1989.
CoaaiS3ioner Goodnight reiterated that Staff contact the VA office
and asked that the petition be brought back within a week.
Mr. Olliff stated that in order to meet the advertising require-
acnts, the application aunt be in by Friday, December 16.
He
suggested that the petitioner submit the application and Staff will
contact the VA office in order to work out an extension.
He recoa-
Dended tr~t the Board's direction should be to direct Staff to contact
the VA otfice and to fast track the petition.
Coaaisoioner Volpe suggeated that Ryan Homes look into the possl-
bility of relocating the home.
Mr. Olliff suggested that the builder not be allowed to construct
for a week until the VA's as9iotance haa been requested.
Hr. Peterson noted that Ryan Homes hag aade a co-itment to Mr.
White and every attempt will be made to move the houae to another
location.
He, however, no:ed that there is very little chance to have
the house reconverted and finished by February 10.
He indicated that
iapleaentation of such must be initiated immediately in order to
complete the house on tiDe.
County Manager Dorrill adviaed that the builder aust make a cor-
porate decision to relocate and expedite the coapletlcn of the house.
County Manager Dorrill requested the Board's direction if the
Coaaisaion does not want to hear "can we continuo t~ build while we
continue to build" type variance.
Coaaiasioner Volpe concurred with the aforeael,tioned but said that
before such direction ia eotablished a full Board should be p~esent.
Page .fr6
d 2:;)... A
DECEMBER 13, 1988
au m ...-t:r Clerk IIoftaan replaced Peputy Clerk M8t.wS.oz at: t:!&J.a t:188 aaa
I~- .-.a2
.10In PIelrrICIPArI08 MTltwlnIDrr WITH T'D FLORIDA. DKPA.RT~ 01'
runPOR'rArI08 ~ DESIO. AJrD CO.STROC'TIO. 01' A PEDJUSn1U OVDPASS 01'
~~29~.J'_ru_DTJlUC~-TQ.~~ NO~ VI~Çl~I__J~~~-= I..PPROVKD
Public Wor~a Admini3trator Archib~ld ~dvised that the background
on this item goea back over a year, and it has been recognized by a
host of people that a pcdeatrian overpaas is needed at S.R. 29 and the
entrance to Fara Workers Village.
He stated that there is a school on
the west side of S.R. ¿~. and the children from the Para Workers
Village have to croas this intersection.
Mr. Archibald stated that this is a large construction project
which will require funding.
He noted that a Joint Participation
Agreeaent with the Florida Department of Transportation provides tor
the first phase of the tunding to be contributed by FDOT in the aaount
ot $301,000 toward the de3ign/conatruction of the project, if the
County assuacs reoponaibility to design, construct and operate the
overpass.
He indicated that the Agreement contains a provision for
shared funding, adding that currently, an application has been sub-
8itted to the Parmera Home Administration in the a_ount of $2~O,OOO,
and there will be $100,000 remaining for local funding, between the
=o..unity, County and the School Board,
Mr. Archibald indicated that request is being aade for approval
and execution of the Participation Agreement, in order to begin the
deoign/conatruction phaGc of thio project.
Coaaissioner Shanahan stated that Mr. Archibald is requesting that
the Participation Agreement be executed, and questioned whether he
knows where the reaaining funding will come trom7
Mr. Archibald stated that he feels that thio project 10 1aportant,
and he believes that the fundo will be ascertained e1th~r at the State
level, or hopefully, at the Pederal level.
Coaaiosioner Goodnight stated that funda will ðe rece1ved.
~t~1oDer Goodnight aov~. aeconded by C0881..1oaer ..... aDd
c:arr1e4 ./0 (ec-.J._ioner k1m4era oat) to approve the .1o.1.Dt
P8ge U
Jc3
DKCDIUJt 13. 1 Me
~lc~laa A4P l.
I,t wIth the r1orlcSa Depar1:aent of TrllD8portatloa
tor U. "'lGD1~ru.ctlon of the pede8trlan 0V1Irp&88 of s.a. 29 at
tb8 ..~ to r.r. IIorkana VIllage In 1--"'.1...
Page 48
.)~,¿(
DECEMBER 13, 1988
It- -.u
BID ."'-12,12. A POaTI08 or THE CARPET COIlTRAC1' AllARDED TO onICK
J't1UI'nJU . DUIGJI 18 T"D A.Þk)0JrT or $107.892 rea DEVELOPMD'f 8DVICU
~H.J)IJIO_~ ST~-1.!-~T1!..~'f~L>. TO ~~I~--m_~ç~ OJ' T"D COIftR.&C1'
Legal not lee having been published in the Naplca Daily Hew::! on
Hovember 2. 1~B8, an evidenced by Atfidavit of Publication filed with
the Clerk. bida were received until 2:30 P.M. on November 16, 1988, to
consider Bid '88-1332, Carpet Contract.
T8p8 ..
Public Works Adainiatrator Archibald stated that Staff is recoa-
aendinç th4t the initial ph4se of the contract bid for floor covering
be awarded.
He indicated that Staff prepared specifications for floor
coverinç3 for the Development Service::¡ Buildinc¡, and for the other
buildine¡s as they are completed.
He noted that three ~idB were
received th4t -êt with the specifications relativ~ to the weight of
aaterial, weave, and commercial grade standard:
two trom Office
Furniture & Deaic¡n. and one from Naples Floor Covering.
He indicated
that the product that in to be uaed has been uned in the remodeling ot
Building "0", and is co::¡t effective in lone¡ term maintenance.
He
noted that based upon the bid prop03als, the low bld was received from
Office Furniture and De::¡ic¡n for the amount of $24.30/sq. yd.
inatalled, adding that in prior yearn, thin product wan S22/sq. yd.
He noted that Staff fee13 this price is competitive, but in the
future,
it RaY be worthwhile to rebid the carpet with different speci-
fication3.
Because of the imaediate need for 4,440 square yarda of carpet tor
the Developaent Services Buildinc¡, Mr. Archibald indicated that Statt
is reco_ending to proceed with the awarding of a ¡:ontract to ':hc low
bidder, Office Furniture & Design for providinc¡ an~ installing the
product for only this one job, and that Staft will proceed with ini-
tiatine¡ other specifications to encourae¡e more ven~ors to nub.it bid
proposals, and hopefully obtain lower priceD.
l'r-i_i0iD8r .han.""wn 8OVed, -cODdec1 by Co88.1.ai0D8r Oooc1u.1g:bt
aod carried ./0 <Co8aiaaionar Saunder. oat), to award Bid .'8-1132. to
P8Q18 ..
"J c;- ~
D&C8M8Za 13.1'8'
Oft1C8 ra-..1n:z-. 6: De81!jP1 for JUl11k.en Colol'8COptJ carpet tll.. 1A ~
88Oaat of 8101.892 for the Drvelop.ent ServIce. 8QlldlD9. 8Dd Staff to
reb14 t.be ~1ÛD9 t Ioor CO'V8rlD9, 1.0 at:t8Wlpt. to reda.c. coat..
County Kanager Dorrill atated that the problem with the product
now being used is th~t it is a closed line, where only a nolo aanufac-
turer'o reprege~tative tor the entire Southweot Florida area can bid,
and it forces an equal to manufacture that type of carpeting.
I~ 4HÞCl
. I D ... - 1 U 8, &AS T II.APL&S COtM1JI I TY P AJUt PJI.A.S a I P A.ItT II COlIS ntJCT I 08
roo. SIn ~ TO UTTD RO.\D3, IJIC. I8 Tn AItOOJIT or
$782..9~.90; A8D BID #88-1329, LUT KAPL&s C0MMU8ITY PARE BOILDI8GS 6:
SIn n.z.cTJU:c TO K1D-COJrTIKDT ~IC, !lrc. I8 TKJ: UIOtJJI"1' or
H~LH_~~~aD -----------------------
Legal notice havIng been published in the Naples Daily Hews on
Hove.her 7. !~Ba. as evidenced by Affidavit of Publica~iona filed with
the Clerk, bids were received until 2:30 P.M. on December 2, 1988, to
consider Bid #88-1328, Eaat Napleo Coamunity Park Pha3e I Part II
Construction for Site Development, and Bid .88-1329, East Naples
Coaaunity Park Buildings & Site Electric.
Public Services AdAinistrator O'Donnell indicated that request is
being .ade for the award of two con~racts tor the East Naples
Coaaunity Park Phase I Part II construction.
He noted that
Invitations to Bid were sent to 26 vendors, and four bido were
received for each Bid Package.
Mr. O'Donnell stated that the low and .oot responsive bidders were
Better Roads, Inc. tor the Site Development, in the amount of
$782.993.~O, and Mid-Continent Electric, Inc. tor the Buildings and
Site Electric in the amount 01' $491,744, adding that Staff is recoa-
.ending that the two contracts be awarded to these two fires.
He
noted that Phase I Part II construction will consist of site prepara-
tion of gaae courts, paving, landscaping, racquet center facilities,
bathroo.s and Bite electric.
He advised that Staff had previously
asked the Board to reject bids that had been submitted, due to the
tact that one ot the bids was incomplete, and the bids were above the
eatiaated coat.
As a result 01' that action to reject and readvertise
Page 00
r¡Cj7
c/
'-"'-"-"----,-..
-----
DECEMBER 13, 1988
the bids, he noted a net savings to the County in approxiaately
$300,000.
Mr. O'Donnell atated that aubotantial completion of the project is
anticipated to ~ 150 days after the award of the contract, and 171
days to final completion.
He indicated that Staff anticipateD that
the East Maples Coamunity Park will be opened to the public in July,
1~8~.
He advised that the grant that has been applied for with the
Dcpartacnt of Katural Resources has been extended to July, 1989.
C-t-10D8r tn....nah._" 8CV1td. -conded by Co_1..ioaar OoodDight
8ad carried 4/0 (~i_i0Ð8r &aunder. out), to 8Cc:.pt tb8 ree.:
..-
datiOD of Stalf to --.rd Bid ...-132. to Better Roada. ¡DC. for Site
n.v. h I.
t 18 the 88OUnt of 8782.993.10. and Bid ...-1329 to
"14-i:oa1:~t Electric, Inc. tor Building-. and 8ite Electric .1J:a 1:.b8
88OaDt of "'1.744.
I t- ""1
JœO:ll -n-\TI08 ro AJU.JlD An 88-12S8 ro EVDOI..A.Du COl8lOJrICATIOas rea
800 18% &1..1)10 T1a1JŒI80 SY8TEM - C~ NAJI.AOU ro PKUDT T1I1JU) Pun
ro8:MAL.IZED -ITTD VUIPICATIO. OP QUALITY OP nOJrXI.O STSTDl/BID. AJrD
PI.8A8CZ D~ ro EVALUAn CO.CEJU(S U LEASE VS Pt1JtCBA.SE TO BE
~T ~- 1-2 ~----_._-_._-------
Legal notice having been published in the Naples Daily Hews on May
31, 1988, a3 evidenced by Aftidúvit of Publication tiled with the
CI~rk, bid3 were received until 2:30 P.M. on June 24, 1988, to Con-
sider RYP #88-1258-Trunked Radio System.
Coaaunicationa/Public Affaira Director Luntz advised that for the
past 2-1/2 yearn, the Coamunicationn Department haG been attempting to
put together a new local type radio system for Collier County Govern-
aent.
He indicated that a pre-bid conference waD held several aontha
ago, with a comaittee consisting of five members of Staff.
Hr. Luntz stated that Staff is recommending the award of contract
to Everglades CO..unicatlona, in the a.ount of $417,464.12.
He noted
that thio syatem will enable County Govern.ent to enter a public
aafety environment with all of its ramifications and restrictions
ohould the County desire to do so, in the future, adding that at that
tiae, all that will be required, is a switch, additional circuit packs.
Page 51
d9J?
DECEMBER 13, 1988
a conDole, and radios.
He ad.ised that expansioò ot this system wIll
have little or no limitations.
He indicated that the County is
presently licensed by the FCC to operate an 800 Mhz trunking system
utilizing five channels and ten frequencies, and the license authorl-
zes Collier County to install the system at the designated Collier
F..nterprir:ea 9ite at a height ot ~~1.5 feet.
He indicated that propa-
gation studies 9~aw that Collier County will significantly improve its
tKo-Kay capabilitieo while providing ~mcrgency-type proccdureo.
stated that the ability to have two additional key talk g~oupS has
been built into the aYGtem.
He indicated that the Sheriff's
Department has approved this as part of their system.
Mr. Luntz advised that this new technolO~1 ia in use 1n the City
of Miami, Miaai Beach, Jackoonville, Boynton Beach, and Lee County is
presently ready to utilize this systp~.
He noted that this technology
allows for a static-free environment.
He indicated tnat there is a
strong need from a safety po1nt of view, to have this syste., noting
that there are presently 7 or 8 different frequencies being utilized
by various County departments, and that prohibits persons fro. talking
between departmenta, and it limlta them trom projecting out to the
south eastern portion of the County.
Hr. Luntz stated that th~ CountY'3 current license expires on May
~, 1~89, and hopefully, the new system will be up and running by then.
He noted that a budget amendment to reappropriate the funds will be
necessary.
He indicated that approximately $25,000 will be recouped
when 200-250 old radios will be 30ld.
In addition to authorizing Staft to negotiate with Everglades
Coaaunications, Mr. Luntz requested that he be authorized to negotiate
a lease contract between Collier County and The Tower Company on a
first year cost of $6,000, and a ,~ escalation cost per year, for 10
years, noting that the County will have the ability to annual the
lease after five years, or at anytime during the contract period sub-
jcct to appropriations.
Be noted that the tower will be "D~ rated, and able to withstand
Page 62
:JC¡9
."._~
He
-"'.------..
- ,< --- - . - . -,. ,
DECEMBER 13, 1988
150 .ph - 175 mph winds, with some interruptions, but no break.
He
stated th~t the telephone company ia in the procesß of running lines
to that site, and FP&L are also working on the site.
He advised that
a 6 aonth lead time i3 necessary to get the equipment ordered and
installed.
Co_iasioner Volpe questioned whether the difference betueen a
lease VB. purchase had been explored?
Mr. Luntz replied that this has
been explored, and it has been determined that the purchaae of said
equipment is the beat approach to take.
Co..isoioner Volpe referred to Finance Director Yonkoaky'a memo to
the BCC dated December 12,
1'188,
relating to a possible conflict of
interest, and requested clarification of thin issue.
Mr. Luntz replied that when he was attempting to put together a
package with Collier Enterprines, he was unsure as to what approach
should be taken.
He indicated that he contacted DIVCOMM, with the
State of Florida, who did the propogation studies for the County,
which saved a significant aaount in conaulting fees, etc.
Once all
the intoraation was obtained from the State of Florida, he noted that
he asked Collier Enterprises if they knew of an individual who could
compile the inforaation into specs, adding that they recoaacnded Mr.
Ernest Rety to assist in the preparation of the package.
He advised
that Mr. Rety has never been employed by Collier Enterprises, and he
noted that there has never been a time through the bid process, prior
to the bid proceOG, or subaequent to the bid process when thia aan
hasn't co.e down from Bonita Springs, and hag attended every aeeting.
He noted that the total coot to the County tor Mr. Rety's services 1s
less than $1,000.
Mr. Randy Evans, 01' Motorola Coaaunications and Electronics,
atated that he i3 in attendance today in reaponac to Motorola's pro-
tcst on the 800 Mhz truck system and the RFP.
He noted that after
reviewing the technical specitications, he feels his company is the
loweut compliant bidder.
He indicated that hia firm offered two
aysteas, and that their Alternate 62 was for a shared system, at a
Page 53
?;O1)
DECEMBER 13, 1988
cost of $3~2,3a7, notinq that the system Everglades Comaunications
recoa.enda is at a cost of $.15,922.
The savings to the County by
using Motorola equipment Is $63,~3~, and he noted that he feels thIs
~fstem Mas not given adequate evaluation or consideration.
He noted
that in order for the E. F. Johnson equipment to be furnished by
Everglades Co=aunications to upgrade to a tuture public safety ayate.,
an additional sua of $42,000 Mould be incurred.
He indicated that
with the option of the upgrade, the County will be saving $105,535 by
using the Motorola equipment.
He provided copies of a cost comparIson
01' equipaent and a map which outlinea the location of the towers.
Hr. Evans stated that it i9 very iaportant for a tower to be
centrally located, notIng that the areas that are the furthest froa
the tower, will be affected.
He adviaed that the site Motorola has
proposed will cover all of Collier County and give added benefit of
portable radio coverage to Marco Island and other densely populated
areas .
He indicated that portable coverage will be drastically
~educed It the WNPL northern tower is used.
He noted that 11' the
County deaired to reproduce the centrally located site that Motorola
is offering, the cost would be in excess of $800,000.
Mr. Evans advised that he was informed by the Florida Diviaion of
Coaaunicatiooa that even though they had received the RFP's, there was
not sufficient time for a proper review and evaluation.
He stated
that Motorola ia requestIng that the proposals be submitted to the
DIVCOHH tor a formal recoamcndation.
Hr. Luntz noted that when he contacted the Division of
Coaaunicationa, the only information they requested was:
the
locations of the towers,
i.e.
latitude,
longitude, and what type of
coverage is desired.
He indIcated that it took several aonths for
DIVCONH to provide specs, and forward saae to Collier County. He
atated that he haa aeveral pages of notes from DIVCOMH, that question
&any 01' the Motorola items.
He noted that he does not have a for..l
written rccoamendation from DIVCOMH, since he did not think It was
necessary.
Page 54
~o/
D~CEMBeR 13, 1988
Purchasing Director Carnell advised that specs were reviewed prior
to being released tor the competitive bid process to ensure tt.at ~x~
number of com~nie3 could respond.
He noted that another key com-
ponent is that when the specs were released, an outright purchase was
requested.
Hr. Luntz provided copy ot his meaorandum to file, dated Deceaber
8, 1 ~88.
He indicated that the total expense over a ten year period,
utilizing Motorola's shared site is $516,787; the cost over a ten year
period to utilize Everglades Comaunications equipment and tower lease
i9 $489,508.88.
He ~oted an initial savings to Collier County of
$27,286.12.
He advised that at the end of the lease period, addi-
tional equipment in the amount of $98,579 would be required to upgrade
the existing system to meet the APCO 16 requirements,
in the event the
County Mere to DOve on its own site.
He stated that there 1s no
question in his mind,
that the County Mill be better served by
purchasing the equipDcnt outright, and upgrading it in the future, if
it is SQ desired.
Hr. Luntz stated that Everglades Coaaunications has coaaitted to,
if the County GO desires,
install the APCO switch into the County's
oyatea next year, to substitute a n~ Johnson switch, with a street
value of $80,000, for the cost of $42,000.
Hr. Luntz indicated that it the County were to purchase a Motorola
system, and it was later determined that additional radios were
required, Motorola radloG would have to be purchased.
With the
Johnson sY2tem, he noted, there are at least four manufacturers that
&ake 800 Mhz radio equipment that is compatiblc to the E. F. Johnson
IJystea.
Count~ Manager Dorrill stated that it would be favorable for the
Finance Director to concur as to whether lease comparisons are valid
tram a statistical standpoint.
He indicated that the reason this type
of system is being considered,
is that the County's existing two-way
radio system is over 14 years old, and the base station is taIling
apart, and ~ultiple small systems, with multiple new frequencies have
Page 55
;..., I)r-J
DECEMBER 13, 1988
been required, none of which are compatible.
H~ questioned whether
Hr. Yonkosky could coœment on the leane comparioon?
Finance Director Yonkosky stated that he had not seen the back-up
inforaation until this .ornin~'s meeting, but he believes that the
method that has been used is within 75\ of the net present value of
what the flaw of cash would be over a ten year period.
Coaaissioner Shanahan stated that he believes that the benefits ot
a shared system, va.
the County controlling their own destiny should
be considered.
In addition, he suggested that Mr. Luntz's noteo fro.
the Florida De~rtacnt of Com.unicationo be preoented into a for-
aalized report.
County Manager Dorrill stated that it would be favorable to obtain
a third ~rty, formalized written verification on the equipment types,
before negotiating a final contract.
In answer to Co..iGsioner HaGGe, County Manager Dorrill indicated
that in addition to the base bid, Motorola elected to provide an
alternate bid which included a leasing provioion as part of a tower
that they own.
He stated that Staff io propooing to lease over a ten
year period, from WHPL and the Collier site, as opposed to the
Motorola owned radio tower, which they control, noting that Motorola
would have the ability after five year~ to control increases in the
annual lease of the tower, and the County would have no say over it.
He stated that there are sufficient concerns on the part of the Stat!
that result in the recollmendation to buy the Johnoon equipment, b..t"
that the County control its own tower leaoe, as a s~parate and
distinct feature.
In response to Commissioner Volpe, Mr. Luntz advised that APCO was
used _3 a guide in the bid specitications, noting that the APCO syste.
was not requested.
Co..ioaioner Volpe otated that he respects all the opinions which
have been expressed today, but indicated that he is uncomfortable in
aaking a deciaion.
He 3uggested that an independent evaluation be
provided relating to the bids, as per the County Manager's suggestion.
Page 66
../' /j .-::
._~._.,c_,.._-,.. c
DECEMBER 13, 1988
Mr. Luntz stated that in addition to the dollars, there are other
factors involved, noting that there are certain Iteaa that were
requested, that were not provided by Motorola.
County Kanager Dorrill stated that Staff made two trips to
T~1IahaD3ce, ~nd there was a review, and advice was solicited, noting
that it written confirmation in desired, it can be obtained.
He
stated that the Clerk's Office can also review the concerns regarding
the type of leasing arrangement that controls the tower.
He noted
that it aay take from 1~2 wee~B to obtain all pertinent information,
but indicated that he will provide same to the Board within the next
two weeks.
It was the consensus of the Board that the County ~anager will
provide a third party formal suggestion from the State level, and the
Finance Director to review concerns relating to the leasing arrange-
aent of the tower.
It:.. .10.\
~~(8 6a-112. .t.MJDIDIJKi S&CTI08 2 or JUtSOLO'TI08 86-101. MIlICH
~ZU I'D IUU.urcz or 829.1526.000 CAPITAL IXPItOVDaDr'!' ByUlu&
---x. 8C8DS Pf....-ooED BY TO LOC.U. 00VD.8ŒJn' B.AU-carr SA.L&S TAX -
~ ~&¥_----- ------ -- --------
Finance Director Yonkosky adviaed that with regard to the
$7,790,000 sales tax issue. 01' June, 1988, MBlA hag requested that the
definition of two of the types of investments be changed to confJrm
with their current requirements.
He requested an amendment to
Resolution 85-107, which deals with repurchase agreements and Cer-
tificates 01' Deposits tor the maximua annual debt service aoney.
C--i_i.ooer Sb......h.a?" 8O'V~. aeconded by Co8aieeiooer Goodnight
8Dd ca.rri«'d ~/O (Co8a.1_ion.er S&undere out). that R8eolutioo 88-312 be
8dopted.. t..bereby 88ending Jleeolution 86-107.
Page 57
?OV
DECEMBER 13, 1988
It- #11
CI..DJtts ~ - )to ACTIO.
Finance Director Yonkosky stated that the the Clerk's Report thIs
week requires ~~ action and ~- for informational purpo&es only.
I~ #ISA
APPO...~X' 8O8'"g J'OR DO. IU...X'&.ft, .1AJIUUY 1. . 2, li8i - ~
Finance Director Yonkoaky adviaed that the Board approved all the
bonds for the Constitutional Officers and the in-coaing Coaaissioners
on Hoveaber IS, 1988.
He advised that Mr. Hunter's bond had an
incorrect date on it.
c.-..1-10Der Goodn1ght 8IOVed, ~ by Co8a1-1oaer 8~-~
aod carr1e4 ./0 (~1_1oner 8.a1md8ra O'Qt), to approve the bcmd tor
Dca. --Un-, retlect1n.g the corrected date.
Page 58
:.J/-"
.' I <>
DECEMBER 13, 1988
....~
of tJae 18Dgt.h of to48y'a ...tiDg. CoaDty ~ Dorr111
e4vi8eC1 tbat t.b8 IiIorkabop that ... 8Ched:aled to be held ~1at.ly
follow1ag t.b8 ~iDg, b.&.8 been canceled.
. . .
...
The followiAg 1t- -re .PProved and/or adopted under the Ccn:I.eeDt
Aqeoda by 8Otion of Co8a.iaaicmer Oooc2night; _con4ed by ec-1_1cmer
~~ 8)d carried ~/O (Coaaiaaioner Sa1m4ena out)
It- -1481
.won -'~TIC8 'rUT TRJ: BOARD PROVIDJ. A SPJ.CIAL PKRJIIT TO DAn'
COII.$un~.."'r1OJ1 .LOTIIOIlIZI80 THEM TO MORX 08 StrJrDAYS O. TRJ: COOJt1'BOOSJ.
PIt:O.7J.CT
It- .1¿&2
~ -'>&TI08 TO ACCEPT CASH PAYMU'r FROM PAVILIO. CLUB DJ.VJ.LOPÞDDrr
cœp . roa ÐOU8L& LUT Tt1RJr LA.8'K .IJD I JITJ.JtS KCT I 0 8 I MPJtO y -- l' S , 0 . S . .1
AT .J'tJ8:'TI08 VUI)D.ØILT 81tACH ROAD, AS PAJtTIAL rDUILI.KJ.JIT 01' PtJD
08L.Ia&TIOIIS; St7PPL.Da:JrT DCVJ.LOPD COST C08nUBUTIO. WITH COOJrTY J'UJIDS;
AJQ) .fIICoIJtD AJQ) DJ.CUTE CO8STROCTIO8 COJITUCT WITH 8J.TTD )tOADS I.
~tI"C1[ WIn~!J!._!.!.-:!.H_O J'OJt n.usPOJtTATIO~ IMPKOVDDTS
It- .141>1
~ I'œ 8OVTII COO1ITT aJ.GIOIIAL 1U.STJ.I8ATD J'ACILITIJ.S. !"IIASJ. 1
I'I8O..nCT - P I PKL.Xa COJrTUC1' 1 TOT. A . FOltS auo . I.IfC.. IJI TO A.8IIJOJrr
OJ' '4,"'."'8; PIPnID COIlTllACT 2 TO MITCJIJ.LL AJrD STAU COJlSTaOCTIO.
CO.. Dr TQ AMOO8'T 01' $2.g~8.&19.10; PIPJ.LID COIrTKACT 3 TO MITCULL
UD &"TAU COIISTaUC'TI08 CO., I8 T1IZ AMOO1IT 01' 81.118.699.83; MA8TD
PaÞ8P &"TA.TIoas COJITUCT TO OOOOLA.S .. HIOOI.S. I8C., I8 TRJ: A8IOOft 01'
86.228.8&0; A8D 8ID I~TIKS r8 T1IZ BIDS 01' T. A. J'OaSBKaQ A8D
DOOGUs .. UOOIU-L IE. ICA.IVJ.D
Del (" luta DOt received in Clerk ot Board Oftice - of 12/30/88
It- .141)2
~........-r J'OIt PItOJ"J.SSIOJUL DOIDD.I.O SERVICES WITH WILSO.. MILLO.
JS..LRTœ.L-SOLL AJQ) nu, I.C. J'OJt SUGA.n: DRIVE WATER MAl.
See Pages '£'~fh I - ¿, / ..A . .3-'------
It- .1403
.t.CCI..P'r.A.8 0 I' IU. TD A8D 8 DIU J' AC I L I TI ES - BU'lL J.Y V I r..t.AO J. . 8f7 I LD DIGS
18 .. 1.
See Pages OR BOOK 1401 ... PAGES 147-763
I~ 4tl~
AC:C&I'TA8ca 011 tIAra AJID 3DI'D J'ACILITIES - CAJr'I'DJSOn VILLI.GJ.. PII&8&
J . AT ~'""~ ¡.uu
See Paçe3 ~~QQK 1401 ... PAGES 76~~_~
It- .1..1
CDrI.nC.\.Ta 01' COIUlJ.CTIO8 TO TRJ: TAX )tOLLS AS PRUDTJ.I) 8Y TO
~.. ~...'. OJ'7ICI.
Page &9
~/d--
DECEMBER 13, 1988
1988
Nos. 84-107
Kos. 109-163
Nos. 241. 257, 372-374
Dated 11/16/88
Dated 11/16/88 - 12/05/88
Dated 11/16/88
TANGIBLE PERSONAL PROPERTY
1988
Xo.
59-69
Dated 11/30/88, 12/06/88
Iu. ß..a
KZ%8A 8&I8 rx.a rea I"'TK 80S. 36702, 30202, 6767., 67.62, 6~.66.
61064, ....., ..186, 68278
1~ .14..
Ia~ r..~ tY\8n~POIIDKJICZ - PIL&D .urD/oa RUDJlKD
There being no objection, the following correspondence was filed
and/or referred to the v~rioua dep~rtments as indicated below:
1 .
Letter dated 11/30/88 from Department of Agriculture á
Consu.cr Services to BeC Chairaan with enclosed state warrant
1035321 dated 11/28/88 in the amount of $200,000. Referred
to BeC, Neil Dorrill, Joe Warren and Filed.
2.
Hcaorandum dated 11/28/88 from Linda Frohock, Chief, Bureau
of Houaing and Co..unity Assistance, Departaent of Coaaunity
Affairs, to All Current Small Cities Coaaunity Development
Block Gr~nts (CDBG) Recipients, re Guidelines for Contract
Extension~ and Record keeping. Referred to Neil Dorrill, Tom
Olliff, W~nda Janca, and flIed.
3.
12/02/88 Announcement of Notices from the Department of
Environmental Regulation. Referred to Neil Dorrill, Tom
Olliff, and filed.
4.
Letter dated 11/10/88 tram Robert K. Loflin, Environmental
Specialist, DER, to Chairaan, BCC, enclosing a short fora
application. File No. 111569545 re dredge and fill activitieo
in water~ of the State within the limit3 of your jurisdic-
tion. Referred to Neil Dorrill, George Archibald, Tom
Olliff, and filed.
11/23/88 Announcement of Notices from the Department of
Environmental Regulation. Referred to Neil Dorrill, Toa
011 it 1', and 1'11 ed.
5.
6.
Letter dated 11/23/88 from David J. Buchanan, Planner
Supervisor, Bureau of Planning and Design, DHR, to All
Interested Parties, re Meeting 01' the Land Acquisiticn
Selection Committee. Referred to Neil Dorrill, and filed.
7.
Local Government Tax Receipts by County DOR Administered
Taxes/DOR Accounts received 12/05/88, from Department of
Revenue, Office at Tax Research. Referred to John Yonkosky,
Lori lalka, and filed.
8.
He.or~nduJII
DOT 3 trom
Department
Notices of
f fled.
d~ted 11/15/88 to All Grantees, HPO's and State
Peter H. Stowell. Director, Southeastern Area
of Transportation, re Recent UHTA Regulations and
Proposed Rulemaking. Referred to Jeff Perry and
Page 60
?/j
DECEMBER 13, 1988
9.
~tter dated 12/01/88 to acc fro. Yolanda Serna, Secretary ot
East Naples Fire Control and Rescue District, with change of
address. Reterred to Neil Dorrill and Jay Reardon, and
filed.
10.
Minutes Received and Filed;
A.
Golden Gate Parkway Beautification agenda for 12/13/88
and minutes of 11/08/88.
B.
Ad Hoc Committee Meeting for the Homeless ag~nda for
1:0:/07/88.
C.
Library Advisory Board 8inutes of 10/21/88.
D.
ParK3 and Recreation AdviGory Board agenda for 12/06/88.
1 1 .
notlcc to Owner dated 12/02/88, preliminary notice to
Contractor, subcontractor and 3urety, where applicable, on
private or public construction bond &ailed to acc
(PO2012~003) re South County Regional Wa3te-Water Treatment
Facility. Referred to Heil Dorrill, Skip Camp, and filed.
...
There being no turther business tor the Good ot the County, the
meeting Wù3 adjourned by Order 01' the Chair - ~:10 P.M.
'. (',
BOARD OP COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS URDER ITS
CONTROL
Að.~
9URT L. SAUNDERS, CHAIRMAN
A1TtST: .
J~ a. GILES, CLERK
d? 4~~ p:, .. J:ó
, /./ ~ .,r-"
These .inut~3 approved by the
Board
on l~ 'õ ¿ /,:, '" '? r,'1
as pre.ented
~
or as corrected
Page 61
::.: / (I