BCC Minutes 11/15/1988 R
Naples, Florida, November 15, 1988
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier. and also acting as the Board of Zoning
Appeals an~ as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein. met on this date at 9:00 A.M. in REGULAR SESSleR in Building
"F" of the Government Complex. East Naples, Florida, with the
following members present:
CHAIRMAN:
Burt L. Saunders
VICE-CHAIRMAN:
Anne Goodnight
John A. Pistor
Arnold Lee Glass
Max A. Hasse
ALSO PRESENT:
James C. Giles. Clerk; John Yonkosky, Finance
Director; Maureen Kenyon, and Dalila Mendez, Deputy Clerks; Neil
Darrill, County Manager; Ron McLemore, Assistant County Manager; Tom
Olliff, Acting Co.munity Development Adainistrator; Brian MacKenzie,
Assistant to the County Manager; Ken Cuyler. County Attorney; Mike
McKees. Utilities Final1ce Director; George Archibald, Public Works
Adainistrator; Kevin O'Donnell, Public Services Administrator; Barbara
Cacchione, David Weeks. Dwight Nadeau and Philip Scheff, Planners;
Kancy Israelson, Administrative Assistant to the Board; and Deputy
Chief Ray Barnett. Sheriff's Department.
Page 1
NOVEMBER 15, 1988
Tape .1
It- .3
AGDDA AB'D CO.SEJIT AGUDA - APPROVED AS AKEJfDED
Co8ai..ioner Goodnight aoved, seconded by Co..i.sioner Pi.tor and
carried unaniaou.ly, that the Agenda and C0n8ent Agenda be approved -
...nded :
¡ .
Itea 9D2 re water master plan consultants for South Florida
Wa~er Management District wellfield permits and Item 12D re
signal system on Goodlette-Frank Road at the intersections
with Solana Road and Royal Poinciana Drive to be heard first.
2.
:tem gEl added re faithful performance bon~ tor Tax Collector.
3.
Itea 9£2 added re faithful performance bond for Supervisor of
Elections,
4.
Ite~ 12£ added re request to execute an interlocal agreement
with Hendry Correctional Institutíon and this item to be heard
at 1:30 P.M. at the request of Com~issioner Goodnight.
5.
Item 12F added re recommendation to extend building permit
687-218 at the r~quest of Commissioner Goodnight.
6.
Itea lOA re ~cc~ptance of deed for Tracts M, N, and 0, Lely
Barefoot Beach POD and a resolution cancelling accrual of
taxes on these tracts - Continued to November 22. 1988.
7.
Item 12C re reconsideration of Petition V-88-3 and Petition
PU-88-5C - Continued to November 22. 1988.
8.
Item 14B6 moved to Item 9B6 re authorization tor staft to
negotiate a lease and operating agreement with Polycycle, Inc.
of Bartow, Florida for a prototype plastics recycling program
at the Immokalee Landtill tor up to two years.
9.
Item 14B7 moved to Item 9B7 authorizing an additional one year
extension of the financial plan established for the resource
recovery system.
10.
Item 14D4 moved to Item 902 re engaging services of water
master plan consultants to perform lead responsibilities for
South Florida Water Management District wellfield permits.
11.
Item 9B2 re the courthouse construction contract - Continued
to November 22, 1988.
ADDED
~~ATIO" TO OOTGOIKO COMMISSI~~~ PISTO~ ~JL~SS
Co..l,sioner Saunders presented Co..issioner Pistor and
Co..i,sioner Glass with a plaque noting that it was a pleasure serving
with both Commissioners.
He noted that both Commissioners earned
'.iration and respect from their di~trict as well as County-wide.
He
wished them both the best of luck in the future.
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NOVEMBER 15, 1988
It.. ftA
PROCLAMA'1'I~ DECLARIRG .0000ER le, 1988, AS GEORGE W. HDDERSOR DAY
IR COLLIER COO1ITY - ADOPTED
OpeD reading of the proclaaation, Co..i..10ner Goodnight 8OVe4,
seconded by Co8ai..ioner Pi.tor and carried unanillOU8ly, that a
proclaaation declaring Rove.her 1&, 1988, - George W. Bender.on Day
in COllier County, be adopted.
Mr. George Henderson thanked the Commissioners and accepted the
proclaaation on behalf ~t all the volunteers for their work over the
year. with the Emergency Management Department.
Page 3
NOVEMBER 16, 1988
It- .S8
PROCI..UIA'fIO. DUIGRA'fIRO JlOVDœD 11 - DECEMBD US, 1988 AS
-CHRISTMAS S1LUURG MORTB" - ADOPTED
Upon readIng of the proclaaation, Co..i..ioner Saunders 8OVed,
seconded by Co8ai..Ioner Pi.tor and carried unani80U8ly, that the
procl...tion de1tign.ating .ovnaber 15
- Dec_ber 15, 1988, -
-Chri.t... Sharing Month," be adopted.
Captain Dan Vie of the ~alvation Army accepted the proclamation
and thanked Collier County and th~ Commissioners for their support.
He Indicated that this year he expects to collect 20,000 cans of food
and distribute over 2.500 toys to children.
Co..issioner Saunders stated that he would ask that the boxes that
are placed at the Courthouse be used in an attempt to collect 6,000
cana of food.
He stated that this aay help in reaching the goal of
20,000 cans.
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KOVEMBER 15, 1988
It- nD2
EMERGDCT DECI..\RZD; COKSt1LTAJfT SELECTIO. PROCESS WAIVED; STAn
AUTBOKIZED TO EJrTD IJrro A COJITRACT WITH BOLE, KORTZS AJm ASSOCIATES
IK ~ AMOUWT.OT TO EXCEED $8,000 TO PERFORM LEAD RESPORSIBILITIES FOR
SOUTH FLORIDA MATER MAlfAGEMEXT DISTRICT NELLPIELD PERMITS - APPROVED
Utilities Finance Director McNees stated that this is a request to
engage the services of the County's water master plan consultants to
perform the lead responsJbI1itips for South Flor1da Water Management
District well field permits.
He indicated that a permit application is
currently pending with the South Florida Water Management District and
subsequent to that application. the City of Naples applied for a 10
year withdrawal permit and the Water Management District has agreed to
delay consideration of the City's permit until the City, the County,
and the Water Management District can get all the figures together in
a coordinated effort as opposed to considering each permit separately.
He stated that he is asking that the Board declare an emergency d~e to
the fact that the Water Management District meeting will be held next
week and there needs to be a great deal of information put together by
that time in order for this consideration to take place.
He stated
that he is also asking that staff be allowed to enter into a contract
with Hole. Montes & AssocIates who are the current water master plan
consultant to help perform the lead role with the Utilities staff in
preparing the necessary documentation for the District meeting.
Co8ais.ioner Pis tor aoved, seconded by Coaaissioner Goodnight and
carried\unaniaously, that an .aergency be declared; that the con-
sultant .election process be waived; and that staff be authorized to
enter into 8 contract with Hole, Montes 6 Associates in an aaount not
to exceed $8,000 to perform lead responsibilities for South Florida
Water Manage..nt District wellfield per.its.
Docuaent not received in Clerk of Board office.. of II/30/8S.
It- .12D
COORDInnD SIGKAL SYSTEM TO BE IIISTALLED OR GOODLETTE-I"RAR ROAD AT
IJrTDSECTIOKS NITH SOLA1fA ROAD AJm ROYAL POIRCIARA DRIVE - APPROVED.
COST OP INSTALLATION OP SIGIfAL TO BE PAID BY ROYAL POIKCIARA CLUB
U NELL AS AJOroAL MAIIfTEHAJIICE COSTS WITH THE STIPULATION THAT IT DOES
'r¿ A7nCT TJtAFJ'IC FL~__O~LG-9()P.~!tTIE--~__B()~.P
Co..issioner Glass stðted that he has been approached by people in
his area with regards to a signal at the intersection by Royal
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NOVEMBER 1~, 1988
Poinciana Club, adding that it appearn that it there i. os solution to
this matter, it will be the responsibility of the people in the area.
Public Works Administrator ArchIbald stated that he has had a
request for a signal system inftallallon at the entrance to the Royal
Poinciana Club, off Goodlette-Frank Road.
He noted that the location
is very close to Solana Road which currently has a signal, and he has
evaluated the requirements for a sign~A at this location, which con-
firmed that the vo1um~ requirements have not b~en met.
He noted that
Staff doeß not recommend that the signal be installed from a technical
review of the intersection, but it the Board wishes to proceed with
the signal, he would recommend that it be a coordinated signal system
and be tIed in with the signal at Solana Road and that the benefitting
party be respons1ble to pay tor the installatIon cost.
He noted that
there are a series of oth~r requirements that he has sug~ested be
included if the Board does feel that th~ signal should be installed.
He noted th~H 1 f t hI' fJ lanl) 1 1", In8talled as pr()p()~"d, i t would require
statf to aaintain that system to be sure that it does not create a
problem after it is installed.
Co..issioner Pistor questioned what the annual maintenance charge
would be. to whIch P'Jblic Works Administrator Archibald stated that i t
typically costs $2500 - $3000 a year to maintain and operate each
signal.
Co..issioner PIstor stated that he feels that the signal is
ju8tified, but indicated that it should be noted tor the record if the
Royal Poinciana Club is willing to pay the annual maintenance charge.
Mr. Stanley Hole at Hole, Montes & Associates, stated that he is
the engineer who did the work and he feels that there are a lot of
people that are coming out of the club at one time and it is very dif-
ficult to get onto the highway.
He indicated that the people of Royal
Poinciana Club are willing to pay the cost at the signal.
Mr. Bernard Peck, President at Royal Poinciana Club, stated that
the club is in support at this signal system, adding that there are
about 1.000 members of this club and they ar~ all concerned with the
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NOVEMBER 15, 1988
ingres. and egress from this club.
He indicated that they are willing
to pay for the installation of the signal and also willing to pay tor
the annual maintenance charge.
Public Works Adalnistrator Archibald indicated that the annual
maintenance charge consists of the monthly electric service to operate
the system and maintenance of the electronic components.
Co..issioner Saunders questioned it this will cause a prolitera-
tlon of other lights throughout the County, to which Mr. Archibald
stated that this situation is unique as it is close to the intersec-
tion of Goodlette-Frank Road and Solana Road, adding that as time goes
on this intersection will grow from a traffic volume standpoint and as
that occurs. the entrance to the Club will become More and more of a
problem.
Co..is.ioner Saunders questioned how the light system will work,
to which Public Works Administrator Archibald stated that there will
be a device that will actuate the thru lanes and the side streets when
there is sufficient call.
H~ noted that this design will provide tor
a signal operation change when there are cars waiting.
Mr. Fred Voss, member of Royal Poinciana Club, stated that he is
in agreement with the need (or this light and is concerned with the
safety of the people coming out onto Goodlet'~-Frank Road.
He noted
that the Club is willing to pay tor the light and the maintenance and
he would ask that thiA matter be approved.
Co8ais.ioner Pi.tor aoved, "conded by Co..i.sioner aa.88 and
carried unaniaously, that the .ignal installation at Royal Poinciana
Drivw be authorized and paid tor by the Royal Poinciana Club - well
- the annual _intenance charge so long - it doe. not atfect traffic
tlow on Goodlette-Frank Road.
It- .6Cl
OftDr8A8CE 88-eO ESTABLISHING CABLE TELEVISIOR rRARCHISE REGOLATIOas IR
COLLIER COOXTY ARD RESOLUTIOK 88-286 APPROVIRG APPLICATIO. rRAXCBISE
FORMS AXD DESIGRATIKG THE COUKTY KARAGER'S OFFICE AS THE OFFICE TO
ACCEPT SAID FORMS - ADOPTED
Legal notice having been published in the Naples Daily News on
.ober 13, 1988, a. evidenced by Affidavit of Publication tiled with
Page 7
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NOVEMBER 15, 1988
the Clerk, ~lblic h~ar1ng was opened to consider a proposed ordinance
establishing cable television franchise regulations in Collier County
and a resolut ion apprc>y ing applicl!lt ion franch ise forlls.
Assistant to the County Manager MacKenzie stated that this request
is to ¡¡ain approval of the Collier County cable television franchise
ordinance. addin¡¡ that demand for Cable TV services has increased dra-
aatically due to population and urban sprawl throughout the County.
He noted that the lIarket is very profitable at this time and the cir-
cU8stances necessitate a lIore conservative and sophisticated
franchising process.
He noted that in 1987, a Cable TV franchise
aoratorium was enacted by the Board of County Comllissioners which was
a response to the finding that there was no tormaI franchise applica-
tion pr-:>cess.
He stated that in April 1988, the County Manager
established a task force to facilitate the drafting of a new Cable TV
franchise ordinance. adding that 1n August. 1988, the task force con-
tacted the cable television inforllation center to obtain their advice
on the draft of the ordinance.
He stated that after the draft ordi-
nance was completed, it was submitted to the local cable television
industry for review and comment and several findings were made as a
result of this.
He indicated that in October, 1988. a report of fin-
dings was submitted to the County Manager along with a copy of the
completed ordinance which is being presented to the Board of County
Co..issioners this date.
He noted that given the large investment
that is required. it is critical that Collier County promote coa-
petition aaong competitors of proven solvency who can insure the
fulfillments of th~ir ohIigations under this or~jnan~e.
He noted that
this ordinance is modeled on Federal Law and State Statutes and is,
therefore. more comprehensive than past experience dictated.
He noted
that adoption of this ordinance will insure that Collier County
government as the ability to promote competition effectively and
establish franchise procedures and s~andards that encourage th~ growth
nd development of cable systems.
In conclusion, he thanked everyone
that helped on the draftin¡¡ at this ordinance.
Page 8
NOVEMBER 15, 1988
Co..issioner Saunders stated that he would go through each section
one at a time and if there are any changes or discussion, he would ask
that those people that would like to speak do so at that tiae on that
particular section.
Mr. Jack Stanley, Attorney, referred to Section 2.5, Page 3,
serving subscribers in only one or .ore multiple unit dwellings.
He
noted that Quail Creek Cable TV serves people that live in Section 17
and 20 only, as well as Quail Creek Village and Longshore Lakes.
He
noted that Section 17 is zoned strIctly family and and Section 20 has
sase multi-family, some commercial, and some single family.
He indi-
cated that the way the ordinance is written, it would not include
single family and he would suggest that after the word "multi-unit"
the word "single-family" should be inserted.
Assistant County Attorney Wilson stated that she considers this
particular topic to be pre-emptpd by Federal law and is not something
that should be changed in the ordinance.
Mr. !fick Miller, of Miller, Young, and Holbrook, stated that this
..tt.r is a non-Insue, adding that the ordinance has to be read
together with Federal Law.
He st~ted that if you want to use public
right-of-way and if you are a cable system you must have a franchise,
but if you are a private land owner and are not using public right-ot-
way and you install a community antenna cable television syste., you
are not required to have a franchise.
He indicated that Quail Creek
people would not have to have a tranchise under this ordinance.
He
stated that this language is precisely what ~ppears under the Federal
Law.
Co..issioner Saunders stated that based on Mr. Miller's comments,
he is not prepared to change the ordinance.
Co..lssioner Pistor referred to Section 5, Pages 20 and 21, noting
that he would like to see the density regarding 35 homes per street or
road aile cut in half because some streets that have large lots cannot
.. that many homes on the streets and there will be a lot of
satellite dishes allover the Cou~ty if people are not extended the
Page 9
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NOVEMBER 15, 1988
rights tor Cable TV.
Mr. Harold Horn ot Cable Television Industries, stated that in
terms of construction ~O9t, it is in excess at $25.000 per aile,
adding that this minimum is normal throughout the country.
He noted
that this does not prohibit these companies from serving the area, it
s18ply says that they do not have to serve them.
He noted that it is
based on e~onoaics.
County Attorney Cuyler stated that he would not recommend that
this language be changed. adding that the whole purpose of the ordi-
nance is to provide 80me basis for the feasibility of a franchise.
He
noted that it this language was changed it would have a significant
effect on the ordinance.
Assistant County Attorney Wilson indicated that if these cablevi-
sian companies have to put in Cable TV for two homes, then the rest ot
the area that is being serviced by this company 1s going to be eub-
8id1z1ng those two homes.
It was the general consensus that this language not be changed
regarding thi8 matter.
Co..is.10ner Saunders referred to Section 10.1 and questioned if
the County cut facilit1es in the event of an emergency, would they
have to compensate the cablevision company, to which Mrs. Wilson
replied affirmatively.
Mr. Miller stated that if a state of emergency is declared and
there is a contract between the the County and the cable operator and
the cable operator 1s getting a valuable right which is the use of the
public property, this language would control and the County would not
have to pay, but the cable operator would probubly ask the County to
pay for it.
County Manager Dorrill stated that if there is an emergency, the
County would use discretion on all such matters.
Coaaissioner Pistor refprr~d to Section 19.1 noting that it states
.t a franchisee shall interconnect access channels of the cable
system with any or all other cable systems and contiguous adjacent
Page 10
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NOVEMBER 15, 1988
areas upon the direction of the County, and questioned if the County
has the right to sake the cable companies interconnect or an existing
cable co.pany to sell their signal to a newcomer?
Assistant to the C~unty Manager MacKenzie stated that as the
system gets built out and the vast majority of the areas have cable
systems by one company or another, they will eventually .atch up.
He
stated that if it is possible, the companies would have one channel
that is the same that could be made available to the County in case of
..ergency.
Mr. Miller stated that this provision is structured to be a nego-
tiation between the co.panies, adding that there is a requirement for
an operator to carry an access channel to be willing to interconnect
with contiguous operators and there is a requirement by the contiguous
operator that they be willing to pay their fair share of the cost
associated with that interconnection and the production of that
progra..ing.
He stated that there is also a provision that if the two
co8p&nies cannot work this out, one or the other franchisees can peti-
tion the County and ask for relief.
He stated that one of the aajor
benefits of interconnecting is that the com.unity can obtain channels
tha~ the rest of the County has and this is usually worked out with
the cable co.panies.
Co..issioner Saunders stated that based on the explanation, the
Co..ission is satisfied with the way the ordinance is written.
Co..issioner Saunders referred to Section 33 and questioned it
there should be a hold harmless clause in this section, to which Mrs.
Wilson indicated that there is a hold harmless clause in Section 10.2
of the ordinance.
Mr. Ed Cooper of 176 S. Collier Blvd., stated that there is a need
tor co.petition in Collier County and he would suggest that this ordi-
nanc. be adopted.
He stated that he feels that if there is a cable
franchise for a certain company in a certain area, that co.pany should
-'y cable for everyone in that area as the cable companies have pro-
. :ted 1988 earnings of $15 billion.
He noted that they can well
Page 11
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NOVEMBER 16, 1988
afford to lay cable for everyone.
Mr. Richard Sturges of 4401 Gulf Shore Blvd. N. stated that there
should be sore than one cable television network allowed in the County
and competition is good for ~veryone.
He noted that he is repre-
senting the Gulf Shore Condo Association as well as the Pelican Bay
Condo Association.
Mr. George Keller, President of Collier County Civic Federation,
stated that this new ordinance will create co.petition and should be
passed.
Tape n
Mr. To. Maloney at 6300 Trai] Blvd. M. stated that the only co.-
.ent he has to aake about the ordinance is in regards to the lock box
provision, adding that this is something that should be free to cuato-
aers that would like them.
He noted that some families cannot aftord
the extra for the lock box and, therefore, they should not be charged.
Co..issioner Saunders referred to Section 16.3 of the ordinance
and indicated that it states that there will be a reasonable charge
for a lock box and questioned what a reasonable charge would be?
He
stated that if there is no charge tor lock boxes someone would have to
pay for it which would mean that it would be passed on to all 8ubacri-
ber8.
Mrs. Wilson stated that lock boxes should be provided and it they
were not, it would violat~ a Federal law.
Mr. Horn stated that th~ cost factor would vary depending on the
company and their rate structure.
Mr. John Blevins ot Telestat Cablevision stated that the aajority
ot co.pan1.s have a one time charge of $16.00 which i~ usually their
cost.
Co..issioner Saunders stated that there does not appear to be any
desire to change the wording in that section of the ordinance.
Attorney Bruce Anderson, representing Telestat Cablevision, stated
tt .t he feels that this is a good ordinance.
He stated that the ordi-
nL.~e indicates that the County shall adopt application form. by reso-
Page 12
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NOVEMBER 15, 1988
lution and other adainistrative procedures and fees.
He stated that
he is concerned that it this resolution i. not adopted by the Board of
County Coaaissioners this date, then failure to do so aay have a prac-
tical effect ot continuing the moratorium.
County Attorney Cuyler stated that he has just finished a proposed
application form and he is prepared to have the Board of County
eo..issioners pass a resolution that would designate the office of the
County Manager as the office to r~ceive the application forms as well
a. approving the application torms theaselves.
Co..issioner Goodnight questioned if something could be put into
the application or ordinance that would indicate how auch the lock
boxes are going to cost, to which Mr~. Wilson st~ted that this would
be in their applications that are tiled.
C~i..10D8r Pi.tor aoved, ..conded by eo_is.toner Rea.. an4
carr1e4 vnani80U.81y, that the public hearing be cloeed.
Co8a.1..i0D8r Pistor aoved, second.ed by eo_is.toner Rea.. an4
carried unaniaously, that the Ordinance - nuabered and titled below
be adopted and entered into Ordinance Book Ro. 33:
ORDIRARCE 88-90
AN ORDINANCE ESTABLISHING THE COLLIER COUNTY CABLE TELEVISION
FRANCHISE REGULATIONS; PROVIDING A TITLE AND PURPOSE; PROVIDING
DEFINITIONS; PROVIDING FRANCHISING PROVISIONS; SETTING FORTH
RIGHTS, REQUIREMENTS ArlO JURISDICTrnN; PROVIDING FOR AN INITIAL
PERFORMANCE GUARANTEE; SETTINIì FORTH I.IASH.ITY AND INDEMNIFICATION
PROVISIONS; SETTING FORTH INStJRANCE AND BONDING REQUIREMENTS;
PEQUIRING FCC PETITION AND LIC1':lISF.: PROVIDINIì FOR COMPLIANCE WITH
APPLICABLE LAWS AND ORDINANCES; PROVIDING REQUIREMEN7S :.~~ SIGNAL
QUALITY AND SERVICE; SETTING FORTH REQUIREMENTS FOR CONSTRUCTION,
INSTALLATION AND OPERATION; PROVIDING FOR NEW DEVELOPMENTS;
PROVIDING FOR AREAWIDF. INTERCONNECTION; PROVIDING FOR LOCAL OFFICE
AND RESIDENT MANAGER; PROVIDING FOR ACCESS TO RECORDS; PROVIDING
FOR SUBMISSION OF FINANCIAL REPORTS; SETTING FORTH RATE SCHEDULE
GUIDELINES: PROHIBITIrllì PREFERENTIAL OR DISCRIMINATORY PRACTICES;
PROVIDING FOR ROI.ES RY FRANCIIISEF.; PROVIDING FOR LIQUIDATED
DAMAGES; PROVIDING FOR TERMINATION; PROVIDING FOR REMOVAL,
ABANDONMENT AND RESTORATION OF SYSTEM; PROVIDING FOR PUBLIC,
EDUCATIONAL AND INSTITUTIONAL SERVICES; SETTING FORTH CONSUMER
PROTECTION PROVISIONS; PROVIDING FRO GENERAL PENALTIES; PROVIDING
FOR COMPLIANCE WITH SUBSEQUENT ACTION BY STATE OR FEDERAL
AUTHORITIES; SETTING FORTH THE PERSONAL LIABILITY OF COUNTY
OFFICIALS; PROVIDING FOR REVIEW OF ORDERS AND DECISIONS, AND
SUPERSEDING OF AGREEMENTS; PROVIDI!fG FOR AMENDMENTS AND CUMULATIVE
RIGHTS AND REMEDIES; PROVIDING FOR THE COUNTY'S RIGHT OF
INTERVENTION; PROVIDING FOR SEVERABILITY, CONFLICTING LAWS AND
CODIFICATION; SETTING FORTH AN EFFECTIVE DATE.
County Attorney Cuyler stated that the application form i. basi-
cally the information that is requested through the ordinance and in
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NOVEMBER 15, 1988
order to assist the County and the franchisee applicant, it states all
the inforaation that the County would require and want, adding that
the County Manager's office has been very involved in this and a reso-
lution is needed to approve the application for.s and also designating
the County Manager's office as the office that would receive the
applications.
c-t...icmer Pi.tor lIOVed, sec..mðed by Co8ai.sioner Baa-. and
carried ~t80U81y, that Resolution 88-286 approving the appllc.~lon
fr.nrb'~ f0r88. the cover letter ou~llning the foras and designating
the CoaDty MaDager'. office as the appropriate office for filing the
appl1caU0D.8 be adopted.
Page 14
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NOVEMBER 15, 1988
..... &ece88: 10:4& A.M. - Recoøveneð: 10:&& A.M. at Which
ti- Deputy Clerk Men4ez replaceð Deputy Clerk Eenyon .....
It.. rIAl
RESOLOTI~ 88-287, PETITIO. V-88-7, CLYDE C. QOIRBY REQOESTI.O A 12
rooT VAJtIAJlCE !'ROM THE REQUIRED SIDE SETBACX OJ' 32 FEET J'OR PROPERTY
LOCATED ~ THE WEST SIDE OF GULFSBORE DRIVE OR THE GULF OJ' MEXICO -
ADO P'RD
Legal notice having been published in the Naples Daily News on
October 9, 1988 as evidenced by Affidavit of Publication filed with
the Clerk. public hearing was opened to consider Petition V-88-7,
filed by Clyde Quinby, requesting a side yard setback variance in
order to construct a condolllinium building for property located
approxiaately 300 teet north of Vanderbilt Beach Road, in Section 32,
Township 48 South, Range 25 East.
Planner Scheff stated that the subject property is zoned "RT"
(Residential Tourist) which allows .ulti-faaily dwellings, and has one
front yard abutting Gulfshore Drive, two side yards, and a rear yard
that abuts the Gulf of Mexico.
He noted that the petitioner feels
that because of the property's location and the value of the land, he
would like to develop a 58 foot condominium building.
He indicated
that the lot is non-conforming and by using 55' of the building height
for the distance of the side yard setbacks, only 36 feet of land would
be left between the setbacks, thus necessitating a variance.
He
advised that at the Board meeting of May 10, 1988, a 70 foot variance
was granted from the Coastal Construction Control Line (CCCL) to allow
the construction of two condominium towers.
He noted that the
Planning Com.ission held their public hearing on July 7, 1988 and for-
warded the petition to the Board with no reco8mendation.
He stated
that at the public hearing an attorney representing Beachmoor
CondominiulII Association and the President of the Vanderbilt Property
Owner. Association spoke in opposition, indicating that a hardship
does not exist because the property was acquired when the current
standards were in place and since the lot is non-conforming, it would
not be prudent to establish a precedent.
He noted that 23 letters of
position have been received, two petitions opposing the petition
Page 15
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NOVEMBER 15, 1988
have been received; 162 signatures as well as a newsletter of the
Vanderbilt Beach Property Owner's Association, and another petition
with 14 signatures.
He concluded by stating that since Staff does not
find that a land or structure related hardship exists, Staff recom-
sends denial of the petition.
Co..issioner Pistor asked if the request for a setback is in line
with the setback of other buildings on Vanderbilt Drive?
Mr. Scheff
advised that other buildings in tte area received variances in the
1970's.
He further advised that the petitioner can construct a
building since the "RT" District allows multi-family dwellings,
hotels/aotels, apartaent Motel not exceeding 100 feet in height and
time-sharing facilities.
He stated that the density for a hotel would
be greater, as hotels in the "RT" District are 26 dwelling units per
acre whereas condominiums are 16 dwelling per units per acre.
Attorney George Varnadoe, on behalf of Clyde Quinby, Trustee,
advised that his client would like to construct a 5-story, 10-unit
condominium building of which 7 units will be occupied by the
invest"rs.
He noted that the variance request is consistent with the
setbacks in the neighborhood.
He stated that the Beachmoor
ConJominium next to the property contains 12 stories on a 2 acre par-
eel, noting that the Gulfside lots on Vanderbilt Beach were platted
in 1950 and up until 1979 "RT" Iota were allowed to have a minimum
width of 100 feet and side yard setbacks were a minimum 15 feet, plus
one foot additional setback for every two teet in height over 45 feet.
He noted that the proposed building will require a 21.5 foot setback.
Mr. Varnadoe stated that most of the development in Vanderbilt Beach
was accomplished prior to the adoption of the 1982 Zoning Ordinance,
which aAendea previous ordinances and changed the requirements for an
"RT" District in regard to side yard setbacks and the minimum lot
8ize.
He stated that granting the construction of the building to 36
teet would not be in keeping with the neighborhood.
He presented the
ard with aerial photographs of the area,
(Exhibit "A"), advising
tnat the property in question is north of the Beachmoor Condomi~iua.
Page 16
, .
. - ..-------
NOVEMBER 15, 1988
He stated that if the petitioner were requested to confor. with the
ordinance as it presently relates to side yard setbacks, it would be
i.compatible with the neighborhood, noting that the proposed use is
compatible with the surrounding land uses is consistent with the
existing density of 16 units per acre.
He stated that the Land Castle
on Lots 10 and 11 has a 15 foot setback from the sideyard setback; the
Vanderbilt Beach Hotel is 15 teet; the Sea Watch is 22 feet and Sunset
Bay on Lot 12 is 21.5 feet from the sideyard setback.
In regard to
the CCCL, Mr. Varnadoe advised that since the variance Was granted the
building has been moved 9 feet further landward.
He stated that the
petitioner and he do not agree with Staff's conclusions as the pro-
posed use for the site is consistent with the development in the area.
He stated that the lot is a platted non-conforming lot, is in an area
of aediu. to high-rise buildings, and due to its location on the
beach, the CCCL has resulted in a setback of 110 feet fro. the front
edge of the lot, which justifies the variance request.
He further
noted that the variance request will not set a precedent of the zoning
district.
Referring to the a~rial photos, Co.missioner Pistor asked who
owned the cars that seemed to be parked on the applicant's property?
Mr. Varnadoe advised that the cars are not owned by the applicant,
however, Mr. Quinby has an informal agreement that the hotel can uti-
lize the lot for parking.
He noted that unauthorized individuals have
used the property as an access to the beach.
Responding to Commissioner Hasse, Mr. Varnadoe advised that his
client acquired the property in 1987, and has since been working on a
develop.ent plan.
Commissioner Hasse stated that the applicant was
aware of the ordinance change when he purchased the property.
In
regard to Coaaissioner Hasse's question regarding the CCCL variance,
Mr. Varnadoe advised that the petitioner realized the need for the
side yard setbacK after the CCCL was granted on May 10, 1988.
Attorney Dudley Goodlette of Cummings and Lockwood. representing
the Beachmoor Condominium Association and the owners of 33 units,
Page 17
. -
, ."
NOVEMBER lð, 1988
stated that his clients have not had the opportunity to express their
He stated that the petitioner is still awaiting action from
concerns.
the Department of Natural Resources on the CCCL variance permit appli-
cation pending Board action of the present request for a side yard
setback.
He noted that the CCCL variance request did indeed con-
template a need for the side yard setback variance application.
Referring to a sketch. Hr. Goodlette stated that as far back as
November, 1987 It was contemplated that the structure in question
would be 20 feet from the north and south property line, and the Board
should have been informed of sftao.
He indicated that as a hardship
does not exist the request should be denied as recommended by the
Planning Staff.
He stated that the property was purchased five years
after the change~ to the zoning district wer~ implemented, and the lot
is developable without the need for a variance.
He noted that the
"RT" District specifies that the height of the building determines the
side yard setback,
He stated that the property can be developed by
reducing the density by decreasing the size of the units or by some
other configuration of the proposed condominium project.
He stated
that the granting of CCCL variances to nearby property owner. i. not
relevant to the petition. and the last such variance was granted in
the late 1970'11.
He reiter"t..,i that no land or structure related
hardship has been shown to exist with regard to the project, and if
the side yard setback variance is granted, it will allow an already
non-conforming lot to be built to a maxi.um density.
He recommended
that the petitioner's request be denied based on the current zoning
regulations.
Mr. Harvey F. Campbell, President of the Beachmoor Condominium
A8eociation, stated that the owner of the lot in question was aware of
the Zoning Ordinance and the limitations when he purchased the lot.
He noted that in spi~e of this fact. the petitioner requested a 70
foot CCCL variance to confttruct two towers with a connecting walkway
on a narrow lot.
He stated that the Association objects to the
variance request due to the fact that a land related hardship doeu not
Page 18
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~LP
1f0VEMBER 15, 1988
exist; the lot can be developed to co.ply with all setback require-
ments; a variance is not necessary to per.it reasonable use ot the
property; granting t~'e variance will not be harmonious with the Zoning
Ordinance; and the lot can be developed with a lesser density.
He
stated that 200 families who are members of the Vanderbilt Beach
Property Owners Association also object to the variance request.
He
noted that a 110 name petition including taxpayers fro. Vanderbilt
Beach, Pelican Bay, Palm River Estates, Imperial Estates, Gultshore
Boulevard, Wyndemere, Pine Ridge areas, Lely Estates, Golden Gate,
Quail Creek and Port Royal has been submitted in opposition to the
request for a variance which was not presented to the Clerk of the
Board office.
He requested that the Board take the aforementioned
into consideration and deny the petition.
Ms. Katherine Davis Lile urged the Board to deny the petition as
it would depreciate the value of the surrounding area.
Co..issioner Pistor aftked Mrs. Ltle how she would feel it the
petitioner constructed a 20 unit per acre motel similar to the
Vanderbilt Beach Hotel on the lot?
Mrs. Lile requested that Mr.
Goodlette answer Co..issloner Pistor's question.
Mr. Goodlette stated
that the owners would have to accept the construction of such a use,
however, they are strongly opposed to the side yard setback variance.
Mr. Julian Davis stated that the proble. would not be solved by
continued unhabited construction at the property.
Mr. Thomas Mueller requested that the Board uphold the ordinance
in torce.
Ms. Barbara Poston of the Vanderbilt Property Owners Association
concurred with the aforementioned arguments in òpposition to the
variance request, and referred to a lett~r dated August 30, 1988
given reasons for objection.
Mr. George Keller, representing Collier County Civic Federation,
stated that if the Board had not granted the 70 foot CCCL variance the
r
~ent problem would not be occurring.
He requested that the peti-
tion be denied as a precedent would be set,
Page 19
NOVEMBER 15, 1988
Ms. Charlotte Westman indicated her support of Staff's reco_en-
dation for denial and referred to a letter from DNR dated October 12,
1988, addressed to Hrs. FItch, President of the League of Women
Voters, in regard to the CCCL variance request.
She read the last
.entence of the letter and indicated that her association has yet to
hear fro. DNR.
Mr. Varnadoe advised that the reason the petitioner is unable to
pursue the CCCL is because an attorney from the Beachaoor has objected
to the processing of the application until the present was conducted.
He noted that all of DNR's concerns have been addressed.
Mr. Varnadoe disagreed with Commissioner Hasse that a hardship
does not exist.
He stated that he would concur with the atoremen-
tioned if the property w~s locate~ in a single-family district.
Coaaissioner Hasse rebutted that the petitioner should not have
purchased the property under the circumstances.
Co8ai..ioner Ba.8se aoved, seconded by Co_i.sioner Pistor and
carried a.nan.1l1OU8ly. that the public hearing be closed.
Co8a.1_icmer Ba.8se aoved, s.ecoDðed by Co_is.ioner S&UD4er., ~o
deay Petition V-88-1.
Co_issioner Saunders statéd that the standard the Board has to
apply to deal with granting of variances is whether a land related
hardship exists.
He stated that his rationale in voting against the
CCCL variance is that the Ordinance provides the variance mechanis.
to give the property owner a variance if there is a lot of construc-
tion on both sides of the building.
He stated that he does not
believe that a land related hardship exists; therefore, he will vote
against the request.
0p0I1 call tor the question, the 8Otion faUed 2/3. (Co8a.1..1oner.
~lght. Glaaa and Pis tor opposed).
In response to Comaissioner 01a5s, Mr. Scheff advised that the
permitted height at a hotel ift 100 teet or 10 storIes, whichever i.
greater.
ec-..1_icmer G1-- aoved. seccm4e4 by Co8aiasioner GoodDlgb~ 8Dd
Page 20
ROVEMBER 15, 1988
carried 3/2 CCo8aisaioner Saanðer8 aD4 Baa- oppoaed) that Reaolution
18-287, Petition V-Ia-7, Clyde C. Quinby requeating a 12 foot variance
fraa the required aide yard _tback of 32 feet, be adopted.
Page 21
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NOVEMBER 15, 1988
It- ~1
~.J.rr DEVELOPMJDI'T DIVISIO. REQOESTIWO BOARD DIREC'l'IO. TO AMDD 'l'D
ZOJnJIQ OImIJIAJICK TO PROVIDE FOR A TEMPORARY OSE PERMIT I'OR MOTIOJI
PICTOU UD TEI.rlISIO. BYfIRG - APPROVED
~ssioner Pis tor aoved, seconded by Co..issioner Gl..s, to
approve the rttqUe8t at the CollllUI1ity Develop88tlt Division, to 88end
the Zoa1ng Ord1Dan.ce to provide tor a tellpOrary Wle perait tor 8Otion
picture and television tilaing.
County Attorney Cuyler advised that Staff desired to explain the
subject item.
Acting Co8rJnity Development Administrator Olliff advised that
Staff has prepared a dratt aaendaent to the Zoning Ordinance to allow
for a teaporary use perait to ~ssued provided all requirements are
set.
He referred to Iteas 1 - 4 of the Executive Suamary which
address the Ordinance.
He stated that the proposed Ordinance has been
reviewed by the County Attorney's Office and the Risk Management
DepartaeDt.
He stated that a public workshop will be required to
obtain public input and receive Board direction on the proposed
Ordinance. if it is the consensus ot the Board to do so.
Ms. Barbara Stearns, a public inforaation officer with Lee County,
provided the Board with a copy at an adainistrative code which dir~cts
fila permitting in Lee County, which is on fil~ in the Clerk of the
Board Office.
She stated that this gives the County Administrator the
flexibility to review each individual case ba~ed on certain criteria.
She explained the procedure initiated in the review process of issuing
a perait.
She indicated that Lee County has not experienced any
problems since the administrative code was implemented a year ago, and
offered her assistance to Staff in preparing the County's rule. and
regulations.
Coamis.ioner Saunders suggested that Ms. Stearns get
together with Staft in this matter.
0p0D call tor the question, the atoreaentioned 8Ot10n carried una-
IÚ8OUIly.
.. "81
ItftDTIOJI or OLD MARCO ISLAB'D LIBRARY FOR OOVEJUlMEJl'1' AJID COhfiua.l'l'T OSE
- Ar~y~D .
Page 22
..",..-.. ..,-"
NOVEMBER 15, 1988
Public Works Administrator Archibald stated that Staff has not
been successful in finding a lessee or a buyer for the Old Marco
Island Library site due to the deed restrictions and the need of a
aajor repairs to the roof and part of the heating and air conditioning
systea, and building square footðge of 2800 feet.
He requested that
the Board direct Staff to continue its pursue to find a lessee, but in
the interim undertake the repairs necessitated in order to utilize the
building for aeeting purpose and transfer the responsibility for the
building to the Real Property section.
In response to Co..issioner Hasse, Mr. Archibald advised that
earlier in the year a meaorandum was sent to all constitutional offi-
cere relative to the use of the building.
County Manager Dorrill
advised that an indication has been received froa the Clerk, the
Supervisor of Elections and the Tax Collector of their desire to
obtain a facility for their use.
Co..issioner Pis tor noted that the citizens of Marco Island
contributed one-third of the aoney to build the facility, and con-
firaed that the Tax Collector and the Supervisor of Elections have
inforaed him that they would be interested in obtaining an office
in the building.
He stated several Marco Island residents desire to
have office space or storage space in the building to aaintain certain
records.
He stated that the Marco Players would like to rehearse so.e
of the plays and utilize a saall closet for storage purposes.
He
indicated that the aforementioned would be of great help to the
Island as presently, meeting halls and churches are being utilized.
Ms. Gail Smith, on behalf of the non-profit organizations of
Marco Island and as President of the Marco Players, requested the Board
to vote in favor of the recommendation.
She stated that a small room
in the library would suffice as a storaye room for the Marco Players.
She indicated that the Marco Players would be willing to pay $50.00 a
aonth rent for a s..ll portion of the building, and would also be
llling to share the facility with the County and non-profit organiza-
~lons.
Page 23
\ r.! \
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NOVEMBER 15, 1988
ec-.i_ioaer Pi.tor 8O'Ved, seconded by Co8ais.ioner Goodnigh~.
to ~~tov. Staff's reco...ndation to develop the Marco Island Library
to be aaed by certain governaent.l bodies. .. well a. the citizens of
Marco Ialan4 t8bo have A need form ...ting place.
In answer to Co..issioner Hasse, Mr. Archibald stated that Staff
will be incorporating some of the ide~8 provided by the possible users
and returning t? the board with an exact cost of the repairs needed.
County Manager Dorrill clarified that it is the Staff's desire to
utilize the library building as a coaaunity facility to be used by any
group that necessitates its use.
DpoD call for the que8t1on. the 8Ot1on carried un.an18ov.81y.
It- ..83
P'EIU'E'rU AI. . JIOJI- DCLO S I VE I . ORES S AB'D It GJŒS S £AS EJŒJIT AB'D A PERPrrt1 AI. ,
JIOJI-DCLOSIV& PARXJ:.G EASEMEJrT AJm AGR.EEMEJIT WITH .AnES CAY MASTER
ASSOCUTIOJr. IIC. - APPROVED
Public Works AdainJstrator Archibald advised that the subject item
relates to a settlement between Collier County and Naples Cay
Developaent Corporation for a 25 space public beach parking area.
He
noted that the item is to follow-up Board direction in the latter part
of 1987 relative to access to the parking area.
He noted that the
pl0posed agreement provides tor 24 foot wide access ease.ent, and the
parking area will be 60 feet wide and 100 feet in length.
He noted
that the developers of Naples Cay have constructed the parking area to
include striping and landscaping.
He stated that Staff is recom-
mending that the easements be accepted by the Board. and also the
agreement which indicates that Naples Cay Master Association, Inc.
will be responsible to control access to the site; installation of
sign; provide 24-hour security; and will be responsible for aain-
taining the landscaping.
He requested that Item 3, Section 5, which
pertains to the access point on Seagate Drive be deleted.
Mr. Bruce Anderson. representing Naples Cay, presented the Board
with the site plan. and asked Hr. Archibald why he was requesting that
the aforementioned item be deleted?
Hr. Archibald advised that any
clause that may restrict the County's option in the future aay not be
Page 24
\5J
-".-
NOVEMBER 15, 1988
in the County's best interest.
Co..issioner Saunders asked County Attorney Cuyler if the Board
had a legal obligation to restrict the County's use of the area, as
indicated in Section 5.31
Mr. Cuyler advised that this Section was
worded in the event something happens on Gulfshore Boulevard.
Mr.
Archibald stated that he preferred to have the last sentence deleted.
Attorney Varnadoe advised that the sentence was aerely an atte.pt
to respond to citizens' concerns regarding the access issue, and indi-
cating that he had no objections to deleting it tram the agreeaent.
Responding to Co..issioner Haase, Mr. Archibald advised that joint
City/County meetings have been held regarding traffic circulation in
the Gulfshore Blvd. area.
('~i..ioner Saunders aoved, seconded by Co8aissioner Pistor aa4
carried ftT'8"i-.ly, that the l_t aentence of Section &.3 be deleted.
ec-1_ioner Pistor aoved., seconded. by Co_iaaioner Haa-. to
applove Staff recO88endation to enter into an Agree..nt with .apl..
Cay Kaster Aa8ociation, Inc. tor construction. operation aa4 ..~-
t~ of the public beach acce.s and parking area aa4 to delete
~i.. 6.3 of the 8gr8e88nt.
Mr. Anderson requested the Board's direction in regard to the
possible acquisition of an access tor Naple. Cay residents as well
- other citizens who may desire to utilize the County's parking
lot.
He also requested a right-of-way connection trom Gultshore
Boulevard.
County Attorney Cuyler noted that a property owner in the area has
entered into a private agreement with Naples Cay and has requested
that the ag~ee.ent be made part at the County's records, which was not
received in the Clerk of the Board office.
Assistant County Attorney Weigel advised that the County
Attorney's otfice received a letter dated February 10, 1988 from an
attorney on behalf of a property owner requesting reassurance that
~ternate access would be provided.
He stated that the letter and the
private agreement is affirmation that certain improvements will be
-i
Page 25
.. "'..--..,
.',-
NOVEMBER 15, 1988
aade by Naples Cay which include placing a wall around two sides of
the parking lot.
Co..i..ioner Saunders stated that he could not recognize an
agreement that he has not reviewed, and further. the above 80tion per-
tain. to the County's agreement with Ifaples Cay. not a private
agreemen t .
Mr. Weigel indicated that the property owner would not object to
the Board'. approval of the agree.ent with Naple. Cay if the i.prove-
sent. outlined in hi. agreement with Naples Cay were implemented.
Co..issioner Saunders reiterated that the 80tiQn included the County's
agreement with Naples Cay, and the deletion of Section 5.3 of the
County's agreement, not a private agreement.
Opaa call for the question. the 8Otion carried unant8ðQ.81y.
Displaying a sketch, Mr. Anderson indicat~d that Naples Cay would
appreciate obtaining gated access to Gulfshore Boulevard.
CO..issloner Saunders sugg~sted that Mr. Anderson meet with Staff to
discuss this matter and to schedule a public hearing.
~~t not received 1n Clerk of Board office.. of 11/30/88.
..... Rec..sed: 12:05 P.M. - Reconvened: 1:30 P.M. at which
ti.. Deputy Clerk ~nyon replaced Deputy Clerk Mendez .....
Tape .:1
It- ftM
BID "'-1:123, rLEET VEHICLES AJI1(UAL BID - AlfAJU)ED TO BOB TAYLOR
CBrnOTZI'
Legal notice having been published in the Naples Daily News on
october 14, 1988, as evidenced by Affidavit of Publication ~iled with
the Clerk, bids were received for Fleet Vehicles Annual Bi~ until 2:30
P.M., October 28, 1988.
Public Works Administrator Archiba]d stated that each year at this
time, the Staff prepares bid specifications and advertises for annual
vehicles for the upcoming year.
He noted that this year the
Purchasing Department came up with specifications that asked bidders
to aake proposals in consideration of their invoice cost which is
~.ed on the Kelly Blue Book price aanual which is similar to a State
Page 2&
NOVEMBER 15, 1988
contract price.
He noted that the bid specifications were based on
the invoice price less a fi~ed percentage and each bidder submits a
proposal tor the invoice price less a certain percent to reflect the
incentive based upon doing business with the County and the County
placing a large number of vehicle orders with that one company.
He
indicated that 3 proposals were received fro. local firms; Ta.iaai
Ford. Bob Taylor Chevrolet and the GMC truck dealer.
He stated that
after bids were received the invoice a80unt less the net percent was
compared based on vehicle levels, which were compact cars and pickup
trucks.
He noted that a comparison was aade to deter.ine the price
and based on the Kelly Blue Book price, it was below the State
contract price but allowed th,. County to talce advantage of the cost
savings.
He stated that in this case. he is recommending that the
annual bid be awarded to Bob Taylor Chevrolet on the basis that their
incentive that they are giving the County is the invoice aaount less
3-1/4- and in addition to that, they have provided for a warranty
period of 3 years or 50.000 .iles.
He stated that he is requesting
approval of this bid.
Co8ai_ioner Pi.tor 8iOVed, seconded. by CO8ai..ioner Ba8- aD4
carr~ 4/0, (Co8ai..ioner Gl... not pre..nt), that Bid .88-1323 for
32 .l..~ Vehiclea be awarded to Bob Taylor Chevrolet.
It.. ftB6
STUVLA'fED ORDER J'OR ATfORJIEY' S RES AB'D RELATED DD'DDAJIT COSTS I.
THE BAKVn' BROTBDS .ARMS COIIDDDlATIO. CASE, VAJlDERBILT BEACB ROAD
PItOncr - A.PPROVE1> EXCEPT FOR THE ACCOO1lTIRG AIID APPRAISAL FEU
Public Works Ad.ini~tr~tor Archibald stated that this item is a
reco..endation to authorize the Condemnation Attornpy Joe Fixel to
approve and execute a Stipulated Order for both attorney's tees and
detendant costs in the Harvey Brothers Condemnation Case.
Be noted
that in 1986, the County went to an Order Taken, and a little sore
than 38 acres of property was acquired from the Harvey Brother.
Be
noted that the resolution of this case has recently been settled and
under Florida Law, the County is entitled to pay attorney's fees and
fendants costs if it is found that the costs are in line and reaso-
Page 27
NOVEMBER 15, 1988
nable.
He not~d that both staff and the condemnation attorney have
reviewed these fees and based on the analysis of the fee amount and
the nuaber of hours that were performed by the different parties. a
Stipulated Order has ~een prepared and it calls for the defendant's
attorney to be paid $32,000; $10,941 for appraisers; and $2,199 for
engineers; and a series of miscellaneous costs t~at amounts to $358.
He not~d that St~ff is recommending that the condeanation attorney
representing Collier County be authorized to execute the Stipulated
Order, but there is one cost that Staff does not concur with and he is
reco.aending that this particular item be cont~sted, which is
accounting fees in the amount of $16,750.
He noted that all the other
tee. are in line and he is recommending that the Stipulated Order be
approved for all the fees with the exception of the accounting tees.
He stated that Exhibit "A" is a separate item which is in the amount
of 532.000 for the attorney's fees and in addition to attorney's tee.,
there are the defendant's costs that have been outlined.
He stated
that in Exhibit "B", Ite. 5 and 14 has been deleted and Ite. 12 is the
only one that is being contested.
He stated that all the other co.ts
are being recommended.
ec-.1.sioner Pi. tor aoved, seconded by Co_i..ioner Bas- and.
carried 410. (ec-i..ioner Ol_s out). that the Stipulated Order be
~...o"-4 with tile exception at the coat tor the Apprai_r t... 8Dd
AcCO8DtiDg r....
~~t DOt received in Clerk of Board office.. ot 11/30/SI.
It- nH
S't.U7 TO Jr&GOTIATE A LEASE AB'D OPERATI.O AGREDœJIT waTB POLYCTCLB.
IJJC. or BAJrrOM. n.oRIDA, FOR A PROTOTYPE PLASTICS RECYCLIJIG PROOJlAM
AT 'r'Jm DMOULEE LUDrILL FOR A PERIOD or TWO Y'L\RS - APPROVED
Public Works Adainistrator Archibald stated that this item
involves a recycling firm that wants to come into the ¡..okalee area
to recycle plastic film that is used in the farming industry.
He
noted that they have proposed an operation where the farmers will
bring the plastic film to their company and they in turn will bail
hat aeterial and ship it to a market overseas.
He stated that they
Page 28
,c'1
NOVEMBER 16, 1988
have an operation in the Pal. Beach County area, adding that Statt 1s
suggesting that the County keep involved in this operation,
recognizing that the vendor can set up operation in a number ot places
in Imaokalee or the County coul~ l~a.e land to the vendor and also
have an agreement wher~by the County keeps track of what he does and
benefit from it fro. a revenue source.
He noted that he could also be
recycling the plastics that are in the ¡aaokalee Landfill at the pre-
sent ti.e.
He stated that to prepare an agreement for the lease
features and an operating agreement would take approxiaately 6 to 8
weeks and before this is done, he would like the Board of County
Co..issioners to be aware of t~is and indicate if they would like
Staff to aove forward on this satter.
He noted that the agreeaents
would also be brought before the Solid Waste Advisory Committee.
He
noted that the agreesents will incorporate controlling the quantity
of the aaterial that is reaoved as well as establishing a revenue
streaa in addition to aonitoring the solid waste streaa.
He noted
that this firm is looking fur a 12 to 24 month agreeaent, which 1s a
relatively short term agreement.
Clerk Giles questioned it cospetitive bids would be obtained with
regarde to leasing of County land, to which County Attorney Cuyler
stated that normally all the leases are bid, but he has not received
any foraal documentation on this satter until this week.
Public Works Administrator Archibald stated that this is soaewhat
unique, adding that Staff will still go through the advertising proce-
dure.
He noted th4t there will be plenty of time as Staff will have
to prepare the agreeaents and the lessee may not want to wait that
long.
County Attorney Cuyler stated that he is less concerned with the
bidding than with the actual services to be rendered.
He noted that
the statutory provision indicates that the Board of County
Co..issioners leases whenever they determine it is in the County's
be~t interest to do so tor the particular use that the Board deeas to
'.. highest and best, adding that if the Board determines that this is
Page 29
, .....,",.-.--- -..
¡!iD
,----"""
IfOVEMBER 15, 1988
the highest and best use of the property, there will not be a lot of
bidders for this unless there are other vendors that can provide this
service.
He noted that the bidding process will be handled properly.
Mr. Dave Sheriff, Director of Polycycle, stated that this is low
density plastic and he is working with a firm in France that is
recycling this plastic.
He stated that he would like to establish a
plant for recycling around the Immokalee area at a cost of $5-7.5
al1lion.
He indicated that no one elRe is trying to recycle this
plastic at this time. adding t~at what comes into the Imaokalee land-
fill is equal to about 8,000 cubic yards per year.
He noted that it
will save the farmers in the area around $60,000 in tipping fees and
the aarket value of it is one-half cent per pound.
He stated that if
the County sees no benefit in this operation, there is other land
available.
He indicated that the mandate from the government is that
by 1992, the waste in the landfill has to be reduced by 30' and this
will take approximately 12% of that 30%.
Mrs. Charlotte Westaan, representing the League of Women Voters,
stated that there is a letter in the agenda packet that indicates that
this operation has been working with Mr. Fahey, Solid Waste Director,
with regards to this oper~t10n.
She noted that it indicates that it
will employ 50 people and there are presently 9 people employed and
questioned if this operation is already in existence?
Mr. Archibald
stated that these people are not full-time now.
Mr. John Mansika, member of the Solid Waste Advisory Committee,
stated :~at he has a concern about this process.
He noted that the
Co..ittee discussed this matter last week and yet, Mr. Fahey has been
in touch with these people for almost two years.
He stated that he
does not feel that this should be approved this date and he requested
that this matter be rejected.
He noted that they should go through
the saae process and requirements as everyone else.
Co..issioner Goodnight stat~d that the plastic that is not hauled
to the landfill is burned illegally and adds dioxin to the atmosphere.
She stated that the farmers are going to continue to do this, adding
Page 30
___000.'
----'"
NOVEMBER 15, 1988
that she represents the agricultural co..unity.
She noted that it is
818.00 a ton to haul this plastic to the landfill, which includes the
sand, water and everything else that is picked up.
She noted that
this should be approved, adding that this is an experiment only.
She
questioned if there ar~ other c08panies that are interested in
recycling it, why have they not co.e forward?
She stated that for the
Solid Waste Coaaittee to hold off on this aatter will cause har. to
the environaent in Collier County.
She indicated that they only want
to put up a plant so that it can be bailed and sent to France tor
recycling.
Mr. Bob ~ra8owski. Chairman ot the Solid Waste Advisory Co..ittee,
stated that the Coaaittee voted against supporting this proposal.
He
noted that there was plenty of opportunity to have this matter pre-
sented to them prior to their last aeeting.
He stated that he teels
that action should be delayed on this matter as the plastics that are
now laid out for the agricultural co..unity will not be going to the
landfill for a few months.
He noted that they are working on an RFP
with regards to this and there are a number of plastic recycling fir..
and their input should be solicited.
He noted that the co.pany in
France should be contacted to see if the aaterial has a value or if
thrre is an interest in the process.
He stated that he feels that
this is si.ply a way for this company to get its foot in the door by
using Collier County land, adding that they would have an unfair
advantage over other companies in the future.
Co..issioner Saunders questioned what the vote of the co..ittee
was with regards to this aatter. to which Mr. Krasowski stated that
there were five ae.bers present and the 80tion was made to support
this proposal but only Hr, Ber%on and Mr. Ira Evans were In favor,
adding that Mr. Hanslka. Ellie Krier and himself were opposed.
He
noted that if there were positive thinkers on the Solid Waste Advisory
Coaaittee, the co..ittee could come more productive.
Coaaissioner Goodnight stated that when plastic is burned it is
.be s... type of smoke as when the twine is burned, adding tha~ this
Page 31
._.-.~..,._",_...
NOVEMBER 16, 1988
i. under the EPA and nothing has been done.
She stated that she would
like to see if this is a viable solution to the problea.
ec-1_J.aDer Goodnight lIOVed, seconded by eo-.t..icmer Pi.t:or aad
carr1e4 1Jft8ftt8ftQ8ly. that Statt be authorized to negotiate a Ie... aDd
operat~ ag¡....at with Polycycle. Inc. tor a prototype plastic.
recycl~ progr- at the 188)ul.. Lan4f1l1 aDd that the request: tor
pz~~). tr08 amy other entity be waived.
I tea nB7
on YUJI. &,A.",IJUlSIO. OJ' TIm rI.øCIAL PLAJI ESTABLISHED J'OR TIm R.ESOO'RCE
~a.AX SY::tUM - COnIlrt1ED J'OR TWO IQUS
Public Works Administrator Archibald stated that this itea deals
with the Re.ource Recovery 8ont1ð tllI'It were rnll"d over 12 aonths ago,
adding that last year consideration was given to rollover the bonds
In order to go ahead with the aaster plan and determine if the .aster
plan would indicate if a resource recovery plant or an incinerator
would be part of that plan.
Ke stated that it aakes sense to roll the
bonds over so the tax incentive exists for thoee types ot bonds.
He
indicated that the County finance committee recently was advi.ed that
it was ti- to consider this satter again.
He noted that this could
be done on a one year basis, but the saster plan is still not
coapleted, however, in the interi8, there is the choice of rolling
these bonds over or letting them expire.
Finance Director Yonkosky stated that bond counsel indicated that
there were two concerns it the Board decided to roll the bonds over;
one, it is not Bure that the County's bonds would be given a rating,
and two, if an outside entity were contracted with to build the faci-
lity, the outside entity may not look favorable on the tax benetits
that are involved in the bond issue.
In answer to Commissioner Pistor, Mr. Yonkosky stated that the
entity that would be building and running the facility would have to
bave their counsel give an opinion as to the continuing legality ot
that depreciation break.
Assistant County Manager McLemore stated that bond counsel advised
Page 32
NOVEMBER 15, 1 ~8
hi. in the last meeting that there had been a change on th!- isuue in
the last two or three monthø.
He indicated that there appears to be a
change of opinion, noting that a number of tax attorneys are saying
that it i. possible to continue this in effect, but it would require
the agreement of tax counsel for the vendor involved to say that he
agrees in order to get it validated.
County Attorney Cuyler stated that the tax benefits were not cer-
tain but, as years go by, the question arises as to whether those tax
benefits would be available to a new vendor.
He noted that the closer
the County gets to the original project, the tax bene:its will exist,
but the further away the County gets from the original project, the
less chance there is of receiving those tax benefits.
He noted that
the County needs to .ove forward in order to keep the benefits.
He
not~ that 8Ome type of steps have to be taken, but it nothing i.
done, there will be no benefits.
Mr. McLemore stated that the entire issue will lapse on January
27, 1989.
County Attorney Cuyler stated that the reason for this ite. is
that there is a February 1, 1989, drop dead date; a January 1 notice
date and there are certain things that have to be done before that
time.
He stated that Mr. Giblin, the Bond Counsel, would be available
at a later date if the Board is interested in discussing this matter.
He noted that $18.000 is the actual cost of continuing this bond
issue.
Co..is.ioner Saunders stated that he would like to continue this
aatter until the Bond Counsel is available, adding that he i. not con-
vinc~ that 88intaining this bond is in the best interest ot the
County.
l"-t..l0D8r 1188- 8OVed' seconded by Co8als.ioner G1_., tha~
th.18 itea be continued tor two weeks.
Mr. Bob Krasowski stated that the Solid Waste Advisory Co..ittee
voted to continue this matter to the first meeting in january so that
. Co..ittee would have a meeting prior to that time to discuss this.
Page 33
----- .--.----.
\
NOVEMBER 15, 1988
Øe stated that he would suggest that this issue not be approved or
contInued.
Mr. Mansika stated that the Solid Waste Advisory Co..ittee W88 not
given this intor.ation soon enough to make such a decision on this
satter.
Mrs. Charlotte West.an stated that she agrees with the .otlon to
continue this satter tor two weeks.
She stated that there are aany
possibilities with regards to any system involving incineration that
could be looked at.
0p0D call tor the qwtsUon, the 8OUon carrIed unanIl1OU8ly.
Co..issioner Saunders stated that he would like to reeind the
County Manager that the BCC reque~ted a status report on the Solid
Waste Advisory Coaaittee and based on the comments that have been made
this date, he would like to see this report.
..... Depaty Clerk Mendez replaced Deputy Clerk Eenyon
at this t18e - 2:30 P.M. .....
It- nDl
DlSCUSSIOJI U ",^,an ICATD-SEWD DISTRICT AB'D MARCO ISUJrD 1CA'1'D-smnœ
DISTlUCT. ADTBOJUUrIO. TO SIGJ( AGR~X" TO COJrDOCT A rEASIBIL:I'f'Y
STI1DY TO P1WV:IDJ: TRUTED IfA:gR TO MARCO ISLAJrD UTILITIES - APPROVED
Co..issioner Pis tor stated it is eost urgent that the the subject
Itre be approved as Marco Island is currently pumping water at a rate
of 7.~ eillion gallons a day. and the plant has the capacity to puap 8
million gallons a day.
He noted that the eventual solution to the
problee will be that the Marco Island Utilities will have to buy water
froe the County.
~i..loD8r Pi. tor aoved. ..conded by Co8ais.ioner 01... and
carried 1ID8DI11OU81y. that the agr....nt to conduct a te_ibility 8tudy
ot CoaAty water service to Marco Island be .Igned; authorizing the
~opri.te budget ...D48ent transterring 826.000. and authorizing
the UtilIties Statt to adverti.. tor Request tor Propo..l. troa eogi-
aeer1ng tir88 interested in pertoraing the ~e..Ibility study.
Page 3.
NOVEMBER 15, 1988
I~ .,&1. .,&2
FAITBnL PDJ'OJDUJICB BOJrDS FOR TAX COLLECTOR GUY L. CARLTOJr .
.ut"Ut-llSOlt or ELEC'TIO1IS MARY If. MORGAJf - APPROVED
~_i0D8r Goodnight 8OVed. _c:0n4e4 by Co_i.siemer 11&8- and
c:arri84 ftftafti8ðV.81y. that the Bon4a for Tax Collec:tor Guy L. Carlton
8D4 Sw.-£"iaor of Itle<:tlon Mary If. Morgan be approved.
Page 35
'---"
NOVEMBER 15, 1988
I U. ftI'1
PDJIC1U.SZ '" A TKI.&PBOD SYSTEM FOR THE 8'EII DEVELOPMEJI'I' SDVICU
BtrILÐ DRill - A.r r JWY IW
Co88Unications/Public Affairs Director Luntz advised that on April
19, 1988 the Bo~rd approved a $72,000 capital outlay for the telephone
system as part of the Development Services authorization.
He
requested authorization of an ~~dltlonal $38,000 to cover the costs of
wiring and the in9t~11dtlon at th~ equipment.
He Rtated that the
system will be ar:~ to move to the County Co~plex in the future and
integrate with the AT&T Dimension and the Model 7~ being installed in
the new Health Services Building.
He requested that the Board
authorize the Purchase Agreement with AT&T not to exceed the $110,000
for the telecoaaunicatlons system in the new Development Services
Building and to authorize the appropriate budget amendments.
Finance Director Yonkosky indicated that he had not had the oppor-
tunity to discuss the problem of purchasing equipment for a building
that the County does not own.
County Attorney Cuyler stated that he
has discussed the satter with Staff and was advised that anyequip..nt
that is installed or placed at the building can be removed, and
problems are not anticipated.
In response to Commissioner Saunders, Mr. Luntz advised that the
system will be like the system presently being utilized by the Sheriff's
Depart_n t .
eo...i..icmer Pi.tor 8OVed, seconded by Co_i..ioner Ol_. and
carried anani80U81y, to authorize the Purchase Agree_nt with ATWI' not
DOt to exceed 8110,000 tor the telecO88W1ication.e tryat.. in the new
Devwlop88nt Service. Building and authorize the appropriate budget
""'-nt.
County Attorney Cuyler noted that the agreement is subject to his
review and approval prior to signature.
~--.wt DOt received in Clerk ot Board oftice.. of 11/30/88
I~"n
~u II&.~ DDtBC'tED TO IMPLDIEII'!' A PROCJ1UII FOR 'I'D DRBDGIR 01'
'-1fIØ PAS. - »r~ß1)
County Manager Darrill noted that subsequent to Board direction to
derive at options regarding the Wiggins Pass dredging pertinent to
Page 35
/1'5
"--, "
NOVEMBER 15, 1988
legal/equity issues and budgetary considerations relative to possible
financing, Staff has determined several options that can be imple-
aented.
He stated that four items have been identified by Staff which
include a combination of private donations and a portion of the
existing boat~r registration fees. which is the úriginal method uti-
lized by the County, and the recommended option; different percentage
ratios of private donations of Cou~ty 8Oney; use of the County-wlðe
one mill Capital I.provem~nt Fund, which is the least desirable option
because of the implications of the project, and reconsideration of the
existing taxing district.
He stated that anyone of the ite.s
requires a portion of existing boater registration fees which would
require recalculation of the impact on construction of boat ra.ps to
be spent over the next six years.
Co..issioner Saunders ccmmented that at the public hearing he had
suggested not to levy the taxing district, but had suggested that a
aethod be imple.ented to share the cost of dredging Wiggins Pass with
the affected individuals that desire the dredging.
In response to Co.missioner Hasse, Mr. Dorrill indicated that the
dre~ging would be assumed by individuals who own and have registered
boats in the County, as well as by a private donators who have
expressed an interest in the dredging of Wiggins Pass.
Mr. Lee Frink, a property owner at Vanderbilt Beach, suggested
that part of the money paid for living on waterfront properties be
utilized so that access is available.
He stated that if the Board
does not implement the aforementioned, then the approved and endorsed
taxing district should be activated.
Atty. Steven Crawford, representing Wiggins Pass Conservancy, con-
curred with Mr. Frink's statement.
Mr. Crawford stated that at the
last Me~ting the County h~d committed to implement the work needed,
and he had indicated that he would assist the County in collecting
, ~ntributions.
Co..issioner Hasse stated that the aarina. are the on.. bene-
fitting the most from Wiggins Pass.
Page 37
NOVEMBER 15, 1988
Mr. George ~eller stated that he concurred with County Manager
Dorrill's recoaaendation that registered boaters should share in the
cost of dredgln9 Wiggins P~~..
Mr. Bill Bergan stated that persons who own waterfront properties
but who do not own a boat should not be burdened with the dredging and
the taxing district should be abolished.
Mr. Tom Riddle, resIdent of the Little Hickory/Bonita Shores area,
disagreed with Item 4 of the memorandum dated November 7, 1988 to
County Manager Darrill regarding Wiggins Pass Dredging Pass options.
He stated that tourism And boating enterprises are a big industry in
the County.
He ~tated that out-of-state vessels should be aade to buy
a sticker and referred to the State law which requires that if a boat
is in the State for .ore than 90 days, it should be registered.
He
stated that presently there is $70,000 for boating improvement;
850,000 tro. registration fees for Fiscal Year 1987; $60,000 antici-
pated for the current year; and 821,000 left over fro. the first
dredging.
County Manager Darrill advised that boating and i.prove.ent
funds art". h..ld In trunt hy th.. Of"pdrtment ot R"vp.nue, and the a.ount
is the 50~ surcharge that was imposed in 1987.
Clerk Giles stated that there is approxiaately $430,000 of boater
funds that are available and not budgeted for in Fiscal Year
1988-1989. but which are anticipated in the County's five-year plan
for boat r&8ps.
Ms. E.ily MaggIo agreed with Mr. Riddle's statement, and added
that co..ercial enterprises would benefit the most by the dredging.
She stated that homeowners are willing to pay their share of the cOst.
She read a paragraph from a newspaper article dated May 8, 1981 which
indicates that the Wiggins Pass Club and Wiggins Pass Marina, and
other establishments will be the priaary benefactors trom the project.
She stated that the productivity of the waterway will be affected by
the dredging and requested an environaental impact report.
County Manager Dorril1 concluded by noting that the County should
~.tabllsh some tairness and encourage.ent to the private sector to
Page 38
NOVEMBER 15, 1988
donate 8Oney and the same option can be i.plemented to other Passes
that aight require dredging in the future.
T8p8 ..
In response to Commissioner Glass, Public Works Administrator
Archibald advised that the current per.it calls for a 10-year aain-
tenance until such time as a contract and certain activities are
begun .
Co..issioner Glass r~ferred to a newspaper article which sta-
tea that on Kovember 15. 1983 the ;ounty approved a contract with the
State of Florida, Depart.ent of Natural Resources for the dredging of
Miggins Pass.
Hr. Darrill noted that the $88,600 received fro. the
State pertained to boating improve.ents, and noted that since the ori-
ginal project was denied, the County could not acquire environmental
per.its.
He stated that the project was revised and an additional
agreeaent was entered into that required that the County maintain so.e
aovable ways to navigation.
Hrs. Charlotte West..n stated that big boats are not appropriate,
88intenance of the buoys is important tor the safety of those who use
them, and user fees are appropriate.
In response to Co..issioner Glass, Mr. Cuyler suggested that Mr.
Dorrill and he would review the files to ascertain that the funds tor
the 1983 project were received.
Co..issioner Saunders suggested that so.e direction be given to
Mr. Dorrill as to the possible funding of dredging Wiggins Pass and
reiterated his suggestion to determine a mechanism for paying tor the
initial dredging based on 50' boater registration funds and 50- with
contributions from businesses and residences that are willing to
contribute to initiate the dredging.
Comaissloner Hasse stated that
the aforeaentioned is a good approach to take.
Commissioner Pistor
auggested that money from the 301 Fund should be used, as he doubted
that the voluntary contributions will be forthcoming.
He suggested
that the dredging be implemented by utilizing boat registration tees,
well as a portion of money from the 301 Fund.
He stated that the
MSTU should not be used to additionally tax people who are not using
Page 39
"',""
NOVEMBER 15, 1988
the facilities.
Co..issioner Hasse indicated that the Co..ission
should carefully consider Messrs. Dorrill's and Saunders recommen-
dations at a 50-50 shared cost.
Co8ai.sioner Bas.e 8OVed, seconded by Co..issioner Goodnight and
carried 4/1, (Coaais.ioner Pistor opposed) that County Manager Dorrill
develop a 8eChani.. whereby ~O. boater fees and &0. voluntary contri-
butions "ill be used to dr~e Wiggins Pass.
Recess 3:1~ P.M. - ~convened 3:2& P.M.
It.. "F3
ACTIO. REGARDIKG COLLIER COUIfTY'S 1989 LEGISLATIVE AGENDA
RESOLUTIO. 88-288 TO SUPPORT THE CORSTRUCTIOR OF THE COLLIER COVJITY
AGKI C1J'L TURAL CUT ~ - ADO PTED
RESOLUTIO. 88-289 REQUESTI.G STATE roxDS FOR THE COLLIER COVJITY MUSEUM
- ADOr.l~u
RESOLCTIOR 88-290 REQUESTIRG AX EXTEKSIO. OF THE STATUTORY DOE DATE
FOR LAm) DrnLOPMEJIT REGOLATIORS ROW REQUIRED BY THE GROWTH MAJrAGULlUlf
ACT-ADOPTED
RESOLCTIO. 88-291 APPROVIKG A PROPOSED SPECIAL ACT TO DESIGRATE
IXPLOYUS OF THE PA.RXS AJfD RECREATIOR DEPARTMEJIT AS COO'1frY PARI:
EX7ORC~r OFFICERS TO ISSUE CITATIOKS FOR VIOLATIOKS OF COORTY
O1UJIJLUrCES - ADOPTED
RESOLUTIO. 88-292 ELIMI.ATIRG MEAL ALLOWAXCE FOR THE BOARD OF COVJITY
COMMISSIOJ'ERS - ADOPTED
REGOLUTIO. 88-293 ELIMIKATI.G TRAVEL EXPERSES FOR THE BOARD OF COOBTY
COMIaSSIOJIERS - ADOPTED
County Manager Dorrill stated that the above-mentioned Resolutions
under Item 69Fl are part of the Legislativ~ Agenda for submittal to
Collier's CountY'A L~~¡~I~t ¡v~ Dpl~?~tlon.
Hp notp~ that th~ special
act authorizing the Board to designate employees at the Parks and
Recreation Department as County Park Enforcement Ofticers to issue
citations has been included as part ot the Legislative Agenda.
Co..is.ioner Saunders suggested that the Board's meal allowance and
travel expenses be deleted and recommended that they be added to the
Legislative Agenda.
Mr. Joe Grimm, repr~senting the Golden Gate Area Taxpayers
Association, presented the Board with a letter for the record indi-
ating four items he would like added to the Legislative Agenda.
Page 40
11~
NOVEMBER 15, 1988
C-i-1cmer Pi. tor 8OVed, _concSed by Coaais.1oner Saun4er. and
carried ~/O (Coaai.sioner Goodnight Dot pr..ent) that the County'.
Legi.lmt1ve Agenda regarding Resolutions 288/293 be adopted.
Page 41
NOVEMBER 15, 1988
It- _lOB
KESOLOTIOW 8'-29' REQUESTING THE STATE O~ FLORIDA DEPARThAAT O~
RAn.au," TO C.urcEL THE TAX LID CDTIFICATES DLD BY COLLIER C()1JWTT O.
PROPDTIES 0Ma'ED BY THE URlTED STATES GOVEJUIMERT AIm LOCATED WITHI.
THE BIG CYPRUS PRESERVE - ADOPTED
County Attorney Cuyler advised that the subject resolution Is
identical to a resolution adopted on October 11, 1988.
CO8al..loner pistor 8OVed, seconded by Co..i~sioner Goodnight and
carried unaniaou.ly, that Re~lution 88-29', requesting the State of
~lorl4a Depart..nt of Revenue to c~cel the tax lien certificate. held
by Collier County on properties owned by the United Stat.. GoverD88Dt
aDd located within The Big Cypre.. Pre_rve, be adopted.
All attach-
88Dta are on file in the Clerk of the Board office.
Page 62
,_,
WOVEMBER Ie, l1a8
It.. .100 - See It.. #91'3
It- .12A
LAD AT LEIGJI PLUMMER PARX RAJŒD CALtJSA LAD IR BOKOR or 'r1U CALOSA
IWDLUrS - Arf'K1JY LO
Co..issioner Pistor stated that Calusa Garden Club members have
requested that the lake at Leigh Plummer Park can be named "Calusa
Lake".
He noted that the Club maintains and keeps the grounds at
Leigh Plum.er Park.
~..loner Pistor aoved, .econded by Co..i..loner Baa.e, to
na88 the lake at Leigh Plu.aer Park to Calusa Lake.
Comalßslon~r S~und~rA ~~~ed Mr. Dorrt}] if ftny political problems
are anticipated by naming the lake?
Mr. Dorrill responded that a
letter was received from the Calusa Garden Club requesting the naae.
tJpon call for the question, the 8Otian carried unani80U81y.
It- .12B
CC»8aSSI(DØ GOODKIGBT APPOIJl'TED TO I'LORIDA ASSOCIATIOJI or comrnu
BOAJm 01' DIUC'l'ORS - APPROVED
Co..issioner Pistor advised that in the past year the Florida
Association of Counties made a change in their by-laws whereby if a
Co..issioner is not re-elected or could not continue his tera, the
local Co..t-Alan should appoint another memher of the Commission.
He
8tated that he is a member of the Association and recommended that
Co..issioner Goodni~ht replace him on the Association.
~.slon.r Pistor aoved, seconded by eo..lssionsr Glaa..
designating Co..is.ioner Goodnight to the I'lorida Association of
CoaDtl.. Board of Director..
Co..lssioner Hasse suggested that the Chairman of the Board do the
serving on the Association.
Commissioner Saunders stated that the
Board should wait until the new Co..ission and then appoint a member
to the Association.
Co..issioner Goodnight advised that she is not presently a member
of the Florida Association of Counties Board of Directors.
Co..i8sioner Hasse concurred with Commissioner Saunders' statement.
tJpon call for the question, the action carried 3/2, Coaaiaalonsra
Ba88e and Saund.er. oppo.ed.
Page 43
\q¿
--"
NOVEMBER 15, 1988
It.. .12.
U"X~AL AGR~ WITH HlJCDRY COJUU:CTIORAL IRSTITOTIOR - .APPROVED
Co..issioner Goodnight advised that the subject item is an
agreeaent to assist in the c1eaning of certain lots in the Immokalee
area whIch 8ust be signed in ord~r to initiate the work.
In respons~ to Commissioner Hasse, Mr. Dorrill advIsed that the
initial target ^rea is the I..okalee area, but can be expanded to
other areas of the County.
Co..issioner Goodnight noted that she had
spoken to the Warden and he does not have a problem of expandIng and
if the program is succesRtul it will indeed expand to other areas.
Co8ai.sioner 01... aoved, ..conded by C088i..ioner Pi.tor and
carried anani8OUðly, that the inter local agree..nt with Hendry
Correctional Institution be approved.
Page ....
cA
NOVEMBER 15. 1988
It- .12r
BOILDIWO PERMIT #87-218 ~T~uED TO SIX MaRTHS - APPROVED
Co..lssioner Goodnight rec~lled that a grant was given to the
Little Red Caboose, Inc. to construct a road on the north side of U.S.
41, approxim~tely 3-1/2 miles Sol1th~ast of S.R. 951, and the building
permit has expired which is un~er the name of Larry Basik.
She noted
that Board approv~l i. needed in order to exten~ the buildin~ permit
in th~ San Marco Park.
She indicated that there is a real need to
extend the per.it as it will effectuate in co.mencing the construction
of the building.
~.sioner Goodnight aoved, seconded by Co..issioner P1.~or and
carri- 1mIIn.18:Jusly, that Building Perait 87-218 be extande4 for a period
of six 8ODthe.
...
~.sioner Pi.tor aoved, seconded by Co..i.sionar GI..s and
carried unanillOU81y, that the following ita.. be approved and/or
adopt- aDder the Consent Agenda:
I~- .1"1
CAR8TVAL PERMIT 88-4, PETITIO. C-88-4C, OUR LADY or GOADALOPZ CATHOLIC
CBOJtC1I
See Pages
~9-/I. / - ,,/.3
It- .UA2
~T WITH BROCE GREa AJm ASSOCIATES rOR SOBDIVISIO. REVIEW
~rzn TO CO.SOLTI.G SERVICES ROT TO EXCIED 820,000
See Pages
1/9.,/J. J- .1/
It.. .14A3
BID ...-1301 AWARDED TO RIVER CORSTROCTIO. rOR ARTIrICIAL REEr BOOT
.~.~~ IR THE AMOOWT or 84,500.00
Legal notice having been published in the Naples Daily News on
August 18, 1988, as evidenced by Affidavit ot Publication filed with
the Clerk, bids were received tro Bid .88-1306 tor an artificial reef
buoy sy.tea until 2:30 P.M" August 31, 1988.
It.. #If.A4
&nIt~;¡- BZTWZU THE BOARD or COOJlTY COtOIISSIOJrERS AJn) II8IOULD
rRXEXDSBIP BOOSE, IRC. reR THE OSE or COORTY roRDS IR AKTICIPATIO. or
THE DeEIPT or PREVIOOSLY AWARDED STATE or rLORIDA GRAJn' rowDS ROT TO
IXCEID 844,315.00
Document not received in Clerk of Board Office as of 11/30/88
I~.. #UB1
D u.s. I. Pt7RCBASE ORDER AMOOWT TO A'1'LAJfTIC ICE or rLORIDA, roRMERLY
81- E ICS COMPAJrY TO COVER ICE PORCII.UES BY '1'D ROAD AJn) BRIDGE
'-~OII reR TBE FISCAL YU.R 1988/1989
Page 45
l..rlJ
ROVEMBER 1&, 1988
It- .1682
J.AD 'nD1"O1W KDIOJItIAL GA.R.DØS CDuuay DUDS .&&9/&61
See Page. ~ 1"C./ - .:1
I tea .1'83
~f WITH 'tD LKLY DrnLOPMEJI'l' CORPOltATIO1f WOR TO CO.S;ud:JC'fiOll
or TO nICS STRUT 0O'RALt. CAJIAL
See Page. ,t/ 9- /)~ J - . ¿,
It.. .1""
RXSQLU'n:o. 88-29&, AOTBORIZI.G TO DKetn'IOJI or ADDdDUM TO TO .JOIft
Pu:TICIPATI08 AGJtEDŒJI'1' Bn"I'I...d THE BOARD or comrn COMMISSIOJIDS AJfD
T'D n.oKIDA DEPAJtn.-¡; or TJtAJfSPORTATIOII J'O1t TO PORPOSU or
COJrS"BVCTIRG A rIDD BASED OnRATIOR rACILITY AT THE IMMOXALU AIRPOR"l'
See Pages .(./9- E. / - " ~
It- .1'86
I'IJ(AI, PLAT or ItOCXT PIWU &STATU. OWIT 0Jr&
It- .UM 8QV84 to It- "Be
It- .1'8'7 8QV84 to Itea "8'7
It- n"aa
COIITL\CT _.1....0 E.". CLEVnoAJID, I.C. AJfD TO BOARD or COO1ITY
CCJMÞaSSIOJrDS WOR TD REPAIR AJfD IMPROVEMERT or O1IITS LEASED AT
B.A.R8OuKlOMJr MALL I. T1ΠAMOUJn' or ;18 &0&
See Pages :...,tl',<,;41 :~ 1-../4
It.. .UBi
JStTDGn ~Uftd'r TO MOV& rcwos nOM TD SOLID WASTE gSOVES rDR
CAPITAL Ot1TLAY TO TD IIAPLU LAJrDrILL ORGAJlIZATIO. rDR TD rIBAL SIX
1!98'TBS LU.SE or T1ΠLAJf1)rILL MIJlIRG SCRED PLAJf'l' IW AMOOrr or 8"'.100
It- .1.&Cl
. .
aDDIAL or cAXAØU pAJŒ CO.CUSIOW AGJtDMDT WITH MA1WO aIVD IUltIn
CORPORA TI 011
See Pages 1./7- r-. j- ./1/
It- .1.&C2
IJICUASE DOLLAR AMOtJJI'1' or coJlTRAC'l' WITH O'P.JOD DAL11ICARK SDVICU TO
,..,000: CAJrCKLLIBG AJQJU) WI11I QUALITY CAD SDVICE COJU'OUTIOII DJIDD
811) "8-1292
See Page.
~fì-/J./ - .3
It- .1.&C3
~ DOLLAR AMOtJJI'1' or COJI'fRACT WI"11I QU&D FOR A DAY, IWC. TO
'.000 TO PROVIDE ADDI'rIO.AL SEBIOR SKKYICES
See Pages ¿,/9-Z¡- '" ~
[tea .UDI
Page 48
, ,\
.OVEMBER 15,1988
DlJuuU APIuIUft,Wlt UCOG1UZIRG " 1989 CARRY-FORWARD IR TD AMOOft O~
'30.'20.&08. FOXD 408. COOWTT WATER/SEWER DISTRICT
It.. .14D2
p &LX'ØA SØ'Q. ~ AC II. IT 1 U
See OR Book 1395, Paaee2277-2292
tt:...14J)3
BID ...-1319 AIURDED TO POWER SOLtTl'IO.S, I.C. I. TD AMOtJ]I'1' O~ $26,900
woa DlSTALLATIOW O~ AJI OJrIJIT£KAut-rABLE POWER SUPPLY ZlbrEM AJID A on
)"UK ~.IJICS COJITRACT
Legal notice having been published in the Naples Daily News on
October 7. 1988 '35 evid~ncer1 by Affidavit of p1Jbl1cation filed wIth
the Clerk. bids were rec~ived until 2:30 P.M.. October 26, 1988, for
Bid 688-1319 (or furnishing, delivering and Inst~11ina an
Uninterruptable Power Supply System tor the ::t.: :t~ps Dlvi~ion.
I~" .14&1
,AI'lJIJ'VL r&.U'ORKAJJCE BOJrD FOR SHERIFI' OO.ALD C. liuJUER
See Pages d-.~~-.;z: /.._~'L~-
I~.. .14&2
rAI'lJIJ'VL PD7ORMAJlCE BOJrD FOR CLERX JAMES C. GILES
See Page.
1./9- K. I -. :J
I~.. .14£3
rAI'lJIJ'VL ~CE BOW I'OR PRoPERTY APPRAISAL SAM J. COLDI.O
See Pages
~9-t../- -- :2
It.. .14&4
~A1D1r\1L P'DnJRKUCE BOJIlJ I'OR n;w COMMISSIOIŒRS RICB.ARD S. SIIA.-."a.,
DXSTaXCT .1, MAX A. BASSE, DISTRICT '3, PATRICIA ~ GOO~GBT,
DlsnICT '0
See Pages L(9-"',H.~: A/9- iJ. /",...1..: -¥9-<J,/"',.:f.
, - ,
Itea .148
1I~1"""noos CORRUPOJfDPC& rILED AJrD/OR ~D
There being no objection. the Chair directed that the following
correspondence be filed and/or referred to the various depart.ents as
indicated below:
1.
Meaorandu. dated 11/01/88 from John A. Yonkosky, Finance
Director to BCC re Exceos Fees report from SupervIsor of
Elections for FY 87-86. Referred to Lori Zalka and tiled.
2.
Memorandum dated 10/31/68 from James C. Giles, Clerk of the
Circuit Court to BCC re Excess Fees for piscal Year 1987188.
Referred to Lori Zalka and filed.
3.
Letter dated 11/03/88 from Thoma~ o. Pelham, Chairman. State
!.ergency Response Co..l~slon for Hazardous Materials, DCA, re
County's acceptance of Hazardous Materials Emergency Response
Plan to BCC Chairman. Referred to Neil Dorrill, James Reardon
and f !led.
Page 47
--,... ,.,-
It- .1.&1[1
1f0VEMBER 15, 1988
4.
Letter dated 10/31/88 from Trudie Bell, Environmental
Specialist, DEft, Wetland Resource Management, to BCC Chairaan
re File No. 111558339. City of Naples, which involves dredge
and fill activities in Water of the ~tat@ within the limits of
your jurisdiction. Referred to Nell DorrIll, George
Archibald. BIll Lor~nz an~ fll~~.
L~tt~r d~ted lO/31/8ß from PhIlIp R. Edwards, Deputy Assistant
Secretar'y, DEft, to John F. McKune, P.~., Authorized
RepresentatIve, Gee & Jenson, Inc" West Palm Beach, Fl., re
Collier County - PW- Clam Bay Beach Pavilion, PWS ID#5114084.
Referred to Neil Darrill, Kevin O'Donn~ll, Cliff Crawford and
f !led.
5.
6.
Letter dated 11/01/88 frou Patrick Kenney, Environmental
Specialist, DER, to BCC Chalraan re Weiner H08e Corp. of Pl.,
File No. 1115~~745. Referred to .~Sll Dorrtl1, George
Archib.ld. 8tl1 Lorena and tjl~.
7,
Letter dated 11/03/88 from Rorman R. Hatcher, Jr., Fire Chief,
Golden Gate Fire & Rescue Control District, to acc re proposal
of additional fire station site in the vicinity of 951 and
I-15. Referred to Nell Dorrill, Tom Olliff and filed.
8,
Me80randum of Voting Conflict for County, Municipal, and Other
Local Public Officers dated 11/08/88 Form 8B of Co~issloner
Arnold Lee Glass rp Petition R-88-20C and Petition PDA-88-11C.
9.
Minutes Received and Filed:
11/01/88 - Pocket of Poverty Review Committee
10.
Meaorandum dated 11/01/88 from David Y. Burr, Planning
Director, SWFRPC. to "Cltygate Commerce Park" DRI Review
Agencies re "CItygate Commerce Park" recommendations.
Referred to Tom Ollitf and filed.
11.
Memorandum dated 11/02/88 from David Y. Burr, Planning
Director, SWFRPC, to "Cltygate Commerce Park" DRI Review
Agencies re "Cltygate Commerce Park" FOOT comments. Referred
to Neil Corrill. Tom OllIff and filed.
CDrIFICATE OJ' CORRECTIO. TO THE TAX ROLL AS PRESDTED BY THE PROPERTY
APPRU SD
1987 TAX ROLL
311
11/02/88
1988 TAX ROLL
1 - 2&
10/2&/88 - 11/03/81
11/03/88 - 11/07/88
21 - 38
1 - 28
lia8 TARGIBLE PERSO.AL PROPERTY
11/01/88 - 11/07/88
Iu. .1Q2
a:ru 1UT1f TIME FOJt IJlMATK .0. 42883
Page 48
~
5'
i
.~
~
t;
'j{
'"
~
141:- .un
SATIRACTIOJI OJ' LID RE Pt7BLIC DEJ"E1fDER
See Pages 49 - ';I! / -P.'::; /
Iu. .un
NOVEMBER 15, 1988
ItZ'IIØ IJID .&.PPJtOVAL OJ' ADDITIOJIAL DTDJIAL AUDITOR BILLIJIO rD" TD
AD'DI'l OW 'f'D nSCAL YUJt EJlDED SEPTEXBD 30, 1987, COMPLETED DmtIJIO
nSCAL 1'.. I. THE AMOOWT OJ' 812,400
...
There being no tu.ther business for the Good of the County, the
aeeting was adjourned by Order of the Chair - Time:
3:3!1 P.M.
...,¡~.í. £, .
,
,~..' "'(':í.
" ~
A~ST:
j~S.'C. GILES, c:t:ERK
--- .' ,~
?:~~."'~>@~
.. 8inutes approved by
t--"
BOARD OF COUNTY COMMISSIONERS!
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS ORDER ITS
COIfTROL
¡{¿Æ. CHAIRMAN
- pre.eDt~
the Board on
/~øý
or l\S corrected
Page 49