BCC Minutes 03/29/1988 R
Naples, Florida, March 29, 19BB
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts 85
have been created according to law and having conducted business
herein, 8et on this date at 9:00 A.M. in REG~LAR SESSION in Building
WYW of the Government Center, East Naples, Flo~ida, with the
following members present:
CH^ I RMAN :
VICE-CHAIRMAN:
Arnold Lee Glass
Burt L. Saunders
John A. Pistor
Max A. Hasse, Jr.
Anne Goodnight
ALSO PRESENT:
James C. Giles, Clerk; John Yonkosky, Finance
Director; Beverly Kueter, Deputy Clerk: Neil Oorrill, County Manager;
Brian MacKenzie, Acting Assistant to the County Manager; Ken Cuyler,
County Attorney; Tom Crandall, Utilities Administrator; George
Archibald, Public Works Administrator; David Weeks, Planner; Nancy
Israelson, Administrative Assistant to the Board; and Deputy Chief Ray
Barnett, Sheriff's Department.
Page 1
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MARCH 29,1988
(.0 ~ape. available for this meeting due to malfunctioning equipment)
It- 13
AGEWDA AXD COKSEWT AGZMDA - APPROVED WITH CHANGES
CO88i..ioner pistor moved, seconded by commissioner Goodnight and
carried unani80usly, that Agenda and Consent Agenda be approved with
the following changes:
Ite. '9A2
Recommendation to authorize the erection of a tem-
porary sign for a period exceeding the allowable
seven day period for th~ Barnett Bank at Kings Lake
Square - Added
LeI. Productions, Inc. requesting the Board of
County Commissioners to authorize use of County
property (Tigertail Beach) to film a television
commercial - Added
Ite. '9A3
Item t9fl
Request to hear this item as close to 11:00 A.M. as
possible
Itela 114C5
Assignment - Clam Pass Concession Agreement -
Continued to April S, 1988
Authorization for utilities Staff to request propo-
sals from engineering firms for project and grant
administration activities and approval of Staff
Consultant Selection Committee - Continued.
Item 114 DS
It- 'SA
PROCLAHATIO. HONORING DAVID C. WEIGEL, ASSISTA1n' COUNTY ATTORNEY,
RECIPIEKT OF THE FLORIDA BAR PRESIDEWT'S PRO BONO SERVICE AWARD-
ADO PorE D
Following the reading of a Proclamation re David C. Weigel,
Assistant County Attorney, being the recipient of the Florida Bar
President's Pro Bono Service Award, comaissioner Saunders moved,
seconded by commissioner Pistor and carried unanimously, that the
proclaaation be adopted.
Page 2
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MARCH 29, 1988
It- 6Cl
ORDI~ 88-34 ESTABLISHING STANDBY WATER RESTRICTIONS AND LOCAL
EHFORC~~ WITHIN THE COUNTY WATER SYSTEM DURING WATER SHORTAGES -
ADO PTED
Legal notice having been published in the Naples Daily News on
March 10, 1988 as evidenced by Affidavit of Publication filed with the
Clerk, public hear ing was opened to consider an ordinance establi5hing
regulations governing the use of the Collier County Water System for
lawn sprinkling under emergency conditions.
Utility Operations Director Newman stated this ordinance will
repeal Ordinances 87-28 and 87-29.
He advised that this Ordinance
does not place any restrictions in place, but merely provides for the
Utility Department to respond to shortages in a timely manner.
said Staff recommends adoption.
He
eo.ais8ion8r Hasse laoved, seconded by cOJIUDissiont:r Pistor and
carried unanimously, that the public hearing be closed.
coaai8sioner pis tor moved, seconded by Commissioner Hasse and
carried unanimously, that the ordinance a8 numbered and titled below
be adopted and entered into Ordinance Book Ro. 30.
ORDINANCE RO. 88-34
AN ORDINANCE ESTABLISHING REGULATIONS GOVERNING TilE USE OF
THE COLLIER COUNTY WATER SYSTEM FOR LAWN SPRINKLING UNDER
EMERGENCY CONDITIONS, WITHIN THE UNINCORPOHATED AREAS OF'
COLLIER COUNTY, AUTIIORIZING TilE COUNTY MAN,'\GER TO IMPLEMENT
SAID REGULATIONS, PROVIDING FOR PENALTIES AtlO ENFORCEMENT,
PROVIDING fOR BOARD APPROVAL, PROVIDING FOR APPROVAL TO
rtESCIND SAID REGULATIONS, REPEALING ORDINANCE NOS. 87-28,
87-29, WHICII RELATED TO LAWN SPRINKLING UNDER EMERGENCY
CONDITIONS; PROVIDING AN EFFECTIVE DATE.
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Page 3
MARCH 29, 198B
It.. "C2
ORDI~ 88-35 AKENDING DISTRICT BOVKDARIES BY PROVIDING FOR ALL OF
TKB PJtOnJt'.rY WITHIIf THE ..JOUNDARIES 07 '1'BE PELICAN BAY LIGHTING KSTU TO
BE WITHI. THE BOUNDARIES OF '1'BE PELICAN BAY IMPROVEMENT DISTRICT -
ADOPTED
Legal notice having been published in the Naples Daily News on
March 10, 1988 as evidenced by Affidavit of publication filed with the
Clerk, public hearing was opened to consider an ordinance relating to
the Pelican Bay Lighting Municipal Service Taxing Unit by amending the
boundaries; repealing Section Two of Ordinance 78-67; Section One of
Ordinance 80-53, Section One of Ordinance 82-122, Section One of
Ordinance 85-9, and Section One of Ordinan~e 86-29, all of which
described the boundaries of the Pelican Bay Lighting Municipal Service
Taxing District; establishing new boundaries by providing for all of
the property ~ithin the boundaries of the Pelican Bay Lighting
Municipal Service Taxing District to be within boundaries of the
Pelican Bay Improvement District.
Public Works Administrator Archibald stated that the Pelican Bay
Iaprove8ent District approved a resolution requesting an amendment to
the boundaries of the Pelican Bay Lighting MSTU.
He stated the pro-
posed ordinance also repeals several ordinances for individual boun-
daries.
Hr. John J. Portman, Pelican Bay resident, stated that he is
deeply concerned about this lighting district.
He stated that in the
past significant parts of the development have not been included, such
Page 4
MARCH 29, 1988
as the golf course and the Ritz-Carlton Hotel.
He said the present
financing is by 5-year notes, however, if the District is expanded the
old residents will continue to pay until build-out.
He gave an
exa.ple of the cost by comparing their annual bill tc the City of
Naples annual bills and the entire City is only paying approximately
S54,000 more.
Mr. Portman suggested that as the development expands and new
lights are installed, the immediate area should bear the full cost of
the i.provements and this would allow growth to pay for growth.
He
stated the boundaries should be the same as those of Pelican Bay.
Coø.issioner pistor stated it is his understanding that the amend-
ment is to include the entire Pelican Bay Development and there will
be no further expansion.
Commissioner Hasse asked if the original
properly owners will conlinue to pay Cor poles purchased as the
District expands?
Mr. Jim Ward, PBID, answered "Yesw, they will have to pay for
future lights within the District.
He said the original owners will
also be receiving benefits from the new lights in the expanded
District.
Commissioner Hasse stated there is no equity in that system
and the original residents should not have to pay for more poles.
In answer to Commissioner Goodnight, Hr. Ward stated there is a
Pelican Bay Board of Supervisors made up of residents and elected by
residents.
He said that public hearings were held for the community
and there was no opposition at the hearing when they voted unanimously
Page S
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MARCH 29, 1988
to request the Board of County Commissioners to expand thé District.
Hr. Portman stated his objections again.
Commissioner pistor
advised Hr. Portman that the Board of County Commissioners does not
decide what goes into the District budgets.
He stated the Hoard was
requested by the PBID to form a MSTU creating a facility whereby the
money can be collected.
Responding to Commissioner Pistor, Mr. Ward stated that the boun-
daries of the District will now coincide with the boundaries of the
Pelican Bay Development:
lands lying south of Vanderbilt Drive, West
of U.S. 41, and North of Seagate Drive.
He assured the Board that the
Ritz-Carlton and the Golf Course, as well as Westinghouse are paying
their share of the lights.
Mr. Archibald advised that one of the constraints is the way the
taxes are collected.
He said that based on millage rates you do not
have the flexibility of charging different rates.
He said in a taxing
district it is a flat rate for everything within the boundaries.
noted that the share that everyone pays will probably decrease.
He
Commissioner Saunders stated that the BPID Board of Supervisors is
elected and made up of residents.
He said the Board of County
Comøissioners cannot undo something that has happened in the past, but
this will help for the future and seems to be a fair approach.
CO8Øissioner pistor moved, seconded by commissioner Goodnight and
carried unanimously, that the public hearing be closed.
co..issioner pistor moved, seconded by Commissioner Goodnight and
Page ~
HARCH 29,1988
carried 4/1 (Commissioner Basse opposed), that the ordinance as num-
bered and titled below be adopted and entered into O~dinance Book No.
30.
ORDIlIAIICE .0.88-35
AN ORDINANCE RELATING TO TIlE PELICAN BAY LIGHTING MUNICIPAL
SERVICE TAXING UNIT BY AMENDING THE BOUNDARIES: REPEALING
SECTIrn~ TWO Of ORDINANCE 78-67: SECTION ONE OF ORDINANCE
80-53, SECTION ONE OF ORDINANCE 82-122, SECTION ONE OF
ORDINANCE 85-9, AND SECTION ONE OF ORDINANCE 86.29, ALL OF
WHICH DESCRIBED THE BOUNDARIES OF THE PELICAN BAY LIGHTING
MUNICIPAL SERVICE TAXING DISTRICT: ESTABLISHING NEW
BOUNDARIES BY PROVIDING FOR ALL OF THE PROPERTY WITHIN THE
BOUNDARIES OF THE PELICAN BAY LIGHTING MUNICIPAL SERVICE
TAXING DISTRICT TO BE WITHIN THE BOUNDARIES OF THE PELICAN
BAY IMPROVEMENT DISTRICT; PROVIDING AN EFFECTIVE D^TE.
It.. f6C3
RBSOLOTIO. 88-67 VACATING THE PLATS OF ED SCOTT IKKOXALEE AIRPORT
nmn~ OIŒ" A1fD "UNIT TWO" AS RECORDED - ADOPTED
Legal notice having been published in the Naples Daily News on
March 13 and 20, 1988 as evidenced by Affidavit of Publication filed
wi th the Clerk, public hear ing was operled to consider vacating the
plats of Ed Scott Immokalee Airport "Unit One" and wUnit Two" as
recorded in the public records of Collier County.
Public Works Administrator Archibald stated the Master Plan for
the Immokalee Airport changes the lot sizes so the lease areas can be
more effective and provide for fixed base operations.
He stated that
the Haster Plan is being submitted for approval by the FOOT and the
FAA and the new airport layout requires the old plat to be vacated.
Mr. Archibald stated Staff is recommending the vacation of plats
&úû( 112 PAr.! 666
Page 7
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MARCH 29, 1988
of WUnit One and Unit Two" at Ed Scott Immokalee Airport and that the
Haster Plan be used ðS a guide for the future leðse and location of
improve8ents at the ðirport.
CO8aissioner Pistor moved, seconded by commissioner Hasse and
carried unanimously, that tbe public bearing be closed.
eo.aissioner Pistor moved, seconded by coami8sioner Hasse and
carried 4/0 (co...issioner Goodnight absent), that Resolution 88-67
vacating the plats of Ed Scott I..okalee Airport "unit One and "unit
Two" as recorde~ in the public records of Collier county, be adopted.
Page 8
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MARCH 29, 19B8
It.. 17Bl
RESOLUTION 88-68, PETITION ~-87-23C, DON CAHILL, REPRESENTING JOHN
AJID GRACE McCAA, FOR A PROVISIORAL USE FOR A CAR WASH - ADOPTED
Planner Weeks advised that this petition has come before the
Board once before and was sent back to the CCPC.
He stated the peti-
tioner changed the site plan again and the CCPC has forwarded the
petition with a recommendation of approval subject to stipulations.
Hr. Weeks advised the location of the subject property is located
on the southeast corner of Golden Gate Parkway and 50th Street, S.W.
approximately 1/2 mile east of Santa Barbara Blvd and consists of
approxi8ðtely .28 acres.
He showed this area on a wall map.
He said
the petitioner proposes to construct a two stall carwash, which needs
Board of County Commissioners approval, and a drive through beverage
facility which does not require approval.
He said the original
problems were due to site design because of egress and location of the
facilities.
Hr. Weeks explained the layout of the first and second site
designs and displayed the final site plan for review.
He noted the
site design was turned to face an east to west direction.
He stated
the Engineering Department still wants the alley to be used as an
egress, however, the Zoning Ordinance prohibits its use.
He sa id all
departments have forwarded this petition with no objections, subject
to stipulations.
on this petition.
He advised that no correspondence has been received
lie noted the Sheriff's Department expressed concern
Page 9
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MARCH 29, 1988
at the last Board of County Commissioners hearing regarding traffic on
50th Street because of Golden Gate Middle School.
In answer to Commissioner Pistor, Mr. Weeks stated that this site
plan is only conceptual and is not binding.
He explained if that is a
concern, the Board could stipulate that the petitioner be bound by
this particular site plan.
Deputy Chief Ray Barnett, Sheriff's Department, stated his concern
is si8Ply the generation of more traffic on 50th Street.
He went to
the asp and showed the location of the Pik-Wik Store, the curve in the
road, the alley, etc.
He stated that cars have to make an unusually
wide swing.
He stated they object to more traffic on 50th Street
until the 8edian is straightened out or a traffic light is installed.
He noted there is a lot of activity at the school after hours for
which crossing guards are provided.
traffic use the alley.
He said he would prefer that the
Mr. George Keller, Collier County Civic Federation, stated that
this petition has been around for a long time and the County should
find a solution to their problem.
Mr. Mark Lamoureux, representing the petitioner, stated that
safety is a concern for all, but whatever is put on that corner
is going to generate traffic.
He stated they have no objections to
using this site plan as the binding site plan.
Hr. Archibald stated the petitioner has probably done the best job
they can and at the same time cut down on the turning movements, which
~GO( 112 P~(.! 670
Page 10
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MARCH 29, 1988
was his concern.
C088i8sioner Goodnight moved, seconded by Commissioner pistor and
carried unani8ously, that Resolution 88-68, Petition ~-87-23C, Don
Cahill, representing John and Grace McCaa, for a provisional use for a
car wash, be adopted with the following 8tipulations:
1.
The conceptual site plan 8hown at the meeting today is
the final binding site plan.
stop signs are required at this inter8ection.
2.
Page 11
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MARCH 29, 1988
It.. taA
PRESEXTATIOX BY ROBERT TYREE REGARDI.G GRANADA BOULEVARD - STAFF TO
WORK WI'f'B PnITIOlŒR TO RESOLVE PROBLEMS
Hr. Robert Tyree, 1015 Capri Drive, stated that Twin Lakes
Subdivision has a terrible problem with traffic on Granada Blvd.
He
stated they have a nice neighborhood, however, it has become a rental
area with trash, a problem with drugs, and a large problem with traf-
fico
He stated they are asking for help.
He distributed copies of a
letter signed by all the residents of Hilltop lending their support
and pictures of Granada Blvd.
Public Works Administrator Archibald stated that he concurs with
Mr. Tyree about the pavement width.
He explained that years ago, when
Granada Blvd. was constructed, the County standard was an 18 foot wide
pavement and today that standard is 24 ft.
obviously the traffic has also increased.
He also stated that
He advised Staff is in the
process of trying to widen this road at the present time, however,
they have to relocate the bikepath and they are having problems with
rights-of-way.
He stated that Mr. Tyree's suggestion to relocate the
mailboxes to one central location is a good one and is being done in
many other communities and condominiums.
Hr. Archibald stated the ot.ter improvement needed is street
lighting and the subdivision residents will have to petition the Board
for that improvement.
lie suggested that the Board may wish to con-
sider providing, at County expense, street lighting for the two major
Page 12
MARCH 29, 1988
intersections until it can be done for the district.
It was the qeneral consensus that staff should review the problem
of wideniDq the road and relocating the bikepaths and mailboxes with
the petitioner and try to resolve the problems.
It- '8B
DOXALD A. PICKWORTH REPRESZRTI!lG GEORGE' BILLIE COOPER AND
SLOCUK-~STIAN INC., FOR CONSIDERATION OF AFTER-THE-FACT VARIANCE
APPLICATION - APPROVED
Attorney Donald Pickworth, representing the petitioner, slated
that the his clients are building a single-family residence at 755
Waterside Drive in the Hideaway Beach PUD.
He stated the residence is
partially constructed and a surveying error was discovered and they
are requesting the Board to lift the current moratorium on after-the-
fact variance applications in order to allow construction to continue.
Co88issioner Saunders moved, seconded by commissioner Hasse and
carried unanimously, that the moratorium be lifted and George' Billie
Cooper and Slocua-Christian, Inc., be allowed to tile an after-tbe-
fact variance application for 7S5 waterside Drive.
It.. UAl
COJrrIJlUATIOR OF '!'HE REVIEW PROCESS FOR '1'HB VILLAS AT BAREFOOT BEACH
FOR A 10 rr. SETBAClt REDUCTIOR AT T1ΠBOtJ1IDARY '1'HB COLLIER COONTY
BEACH PARKING LOT - APPROVED
County Manager Dorrill stated this is a request to allow Staff to
proceed with the site plan review process leading to a building permit
application for a project called The villas at Barefoot Beach which is
contiguous to the County's beach parking lot.
He explained that the
&liG( 112 I'1(.! 678
Page 13
'OG( 112 '1'~ 679
MARCH 29, 1988
County does not presently hold a deed to the parking lot property and
the adjoining property was sold by the developers of Lely to a third
party who would like to begin development.
He said that during that
sale, a 15 ft. portion of the parking lot property for drainage was
.istakenly included in the third party's deed.
He said the developer
now finds himself in a unique situation in that he holds deed to 15 ft.
of property which the County wants to use.
He also noted that, to
further complicate this issue, Lee County wants to four-Lane Bonita
Beach Road which will further cut into the County's use of the parking
lot.
Mr. Dorrill reported that there is a 60 ft. setback requirement
for the developer's property, which at one time was planned for a
~lti-story high-rise building.
He stated the developer is now going
to construct a two story villa project which would not require the 60
ft. setback.
He reported that Staff is proposing that the County pay
the application fee for a PUD Variance and bring it back to the Board
for approval of a setback reduction to that which would typically be
required of two-story villa units.
He said this would enable the
developer to deed the 15 ft. portion of property at the north end to
the County.
He noted that the developer has begun selling his units
and taking deposits and is being held up on the site plan review pro-
cess because of the dispute over the 15 feet.
Mr. COrri11 stated that Staff is requesting the Board to
acknowledge the developer's
problem, because they are reluctant to
Page 14
MARCH 29, 1988
proceed until they know which site plan he will be required to use.
C0D8issioner Saunders asked if the reduction in the setback will
impact the quality of the development?
Mr. Oorrill stated that based
on what the County normally expects for a two story development, it
does not.
Commissioner Saunders stated that it is his feeling that
Lely should pay the filing fee, since it was their mistake.
Mr.
Dorrill stated that Lely has already said they will pay the fee.
County Attorney Cuyler stated that the only thing he is concerned
about is that construction should not begin before the 15 feet is
deeded to the County, but he has no problem with the developer going
through the permitting process.
Chairlaan Glass pointed out that the PUD does not require Lely to
provide a deed to th~ County for the parking lot property, but merely
states the parking lot will be provided.
He stated there is an inno-
cent third party involved and the County Staff is not allowing or
accepting their site plans because of the 15 ft. dispute.
He said
this arrangement has been negotiated and Lely will also give the
County a deed to the parking lot, and they will pay the PUD Variance
application fee for the developer.
He also stated the Board is only
indicating that the PUD Variance is an acceptable approach.
In answer to Commissioner Hasse, Mr. Olliff stated that the
current setback is 50 ft. and it will be reduced to 35 ft. and will
still serve as a buffer.
He stated Staff has no problem with this and
the only condition is that no building permits be issued until the
&úú( 112 PAr.! 680
Page 15
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MARCH 29, 1988
site plans are done.
Hr. Cuyler stated that the developer should understand this is
approval for the variance hearing only and if at the hearing the Board
finds the proposal acceptable, fine, but if the Board finds it is not
acceptable then that decision will stand.
Hr. Stuart Wood, representing the developer, reiterated that they
had nothing to do with the buffer itself and they have a site plan
showing the original purchase.
He stated they would like to resolve
the proble.. so they can utilize their property.
Hr. A. T. Felsberg, Barefoot Beach Unit 'I Property Owners
Association, stated the three parties are in a difficult situation.
He read a letter from the Property Owners Association stating that
they oppose the solution to this problem by allowing a reduction in
the setback and favor a solution of placing the drainage easement
underground in pipes.
fie said the current property owners should not
be penalized for Lely's error.
He said he would like to make it very
clear that they are not opposing the developer of Villas at Barefoot
Beach.
C0m8issioner Hasse asked the developer is there is a possibility
of removing 4 or 5 units from the proposed development?
He stated his
feeling that the County should not always accept the responsibility of
fixing other people's errors.
Hrs. Emily Maggio, Little Hickory Shores resident, stated that the
original deed was turned down by the Real Property Department because
Page 16
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MARCH 29, 1988
they discovered the error wi~h the 15 ft.
She said everyone involved
is an injured party, however, the County should not be thinking of
taking part of the punishment.
eo..issioner Saunders stated that it is his feeling that the 15
feet belongs to the County and if the County does not do something
to help settle the matter, it could be tied up for years in litiga-
tion.
In answer to Commissioner Saunders, Mr. Wood stated they will be
buffering the south end of their property.
He also stated that from
the unit '1 property, the distance separating the buildings will be 80
feet.
Responding to Mr. George Keller, Collier County Civic Federation,
Hr. Oorrill stated that Lely has agreed to provide a deed for the
parking lot, even though they are under no obligation to do so.
Hr. Dorrill stated that Staff has explored other alternatives to
this proble.., however, any negotiation needs willing partners.
He
said that if the Board votes "No" on this issue this morning, there
will not be a deed and the parking lot will still not be what it is
supposed to be.
He added that anytiøe the Board can settle something
without going to court, it is preferable.
coaaission8r pi.tor aoved, seconded by commissioner Goodnight and
carried unanimously, that Staff be authorized to continue review of
the villas at Barefoot Beach project with construction permits con-
tingent upon approval of a petition for a P~D Variance for a ten foot
Page 17
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MARCH 29, 1988
.etback reduction at the property line boundary which is shared by
the Collier county Beach parking Lot, with Lely Development
corporation paying the application fee.
... RECESS AT 11:00 A.M.
RECOftygXED AT ll:lS A.M. ***
It.. f9Fl
UPOR"I' BY THE F"CILITIES STUDY COMMITTEE REGARDING CONTRACT POLICIES
- APPROVED AJ(D P1lOCLAMATIONS TO JŒKBERS OJ' STUDY COMMITTEE AWARDED
Mr. Clifford Barksdale, Facilities Management policies and
Procedures Study Committee Chairman, stated the Committee met for 16
weeks to review information provided by Staff.
He said that the
infor..tion was provided on a timely basis and Staff cooperated fully
with the requests of the Committee.
Mr. Barksdale ~tated that he would not go into the details of the
report but would mention a couple highlights.
He said that as the
county's capital needs increase, particularly in the area of
infrastructure improvements, there will be a corresponding need to
increase the timeliness of project planning and de~ign.
He ~aid the
current procedures are time consuming and areas exist for
streamlining.
fie said the Committee has outlined procedures f-:>r more
timely advertising and contracting procedures.
Mr. Barksdale reported that establishment of in-house Staff
directly responsible for management of design, construction, and main-
tenance of major projects with direct first-line authority, respon-
sibility, and timely accountability should minimize problems
Page 18
MARCH 29, 198B
previously experienced by third party project management.
he said
that aajor capital infrastructure projects are usually designed by
consulting firms ad are usually subject to a time consuming process
involving public hearings to gain various approvals.
He said a number
of these steps are very necessary, however, some should considered
for eli.ination which could result in time savings up front during the
planning process, particularly after they have been approved and
funded.
Mr. Barksdale reported the Committee looked very carefully into
change orders.
He stated they looked at the need that brought about
the County's change orders and in most cases they were justifiable.
He said they compared them to some of the projects in the private
sector and they did relate favorably.
He stated that one factor that
may eliminate some change orders is better prior planning with more
input from the end user before the project begins.
He said the
C0m8ittee categorized change orders into 5 types which are listed in
the report and identifying change orders into a category will more
closely identify the need of the change order and its necessity will
become gore apparent.
He said there are some that are a result of a
faulty design, or errors, or omissions, but they are very few.
He
said most of Collier County's change order were good change orders.
Hr. Barksdale stated the Committee is present today and will be
happy to answer any questions the Board may have.
He also stated that
the Committee unanimously voted to be available on ð continuing basis
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MARCH 29, 1988
to lend assistance in implementing the report.
eo..issioner Saund~rs stated his feeling that some of the recom-
~ndations in this report will result in savings of time and money and
encouraged the County Manager to take steps to implement the reccIRmen-
dations and take advantage of Mr. Barksdale's offer to be available.
After reading a Proclamation expressing the Board of County
Co..issioners' gratitude and appreciation to the Facilities Management
policies and Procedures Study Committee, Chairman Glass moved,
.econded by c088issioner Hasse and carried unanimously, that the
proclaaation be adopted.
c088issioner Saunders aoved, seconded by Commissioner Hasse and
carried unanimously, that the report be approved and the county
Manager be directed to take steps to iaple.ent the recommendations of
the Facilities study Cocaittee and continue working with the members
of the Committee.
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MARCH 29, 1988
It.. UA2
EREC'fiOJl OF A TEKPORARY SIGJI FOR,. PERIOD EXCEEDIRG THB ALLOWABLE
SEVE1I DAY PERIOD FOR THE BAJUŒTT BUK AT ICINGS LAD SQ~AtlE - APPROVED
WITH BTIPULATIOBS
Acting Community Development Director Olliff stated that Barnett
Bank has requested permission to erect a temporary sign at Kings Lake
Square on property which has been acquired by the County for future
road expansion.
He stated Staff has no problem vacating the use of
this easement for the bank.
He reported that the bank will open on
April 11, 1988, and they need permission to have the temporary sign
for ~re than 7 days.
County Attorney Cuyler stated that this item needs to be handled
by the Board of County Commissioners acting 8S the Board of Zoning
Appeals.
cO88is8ioner Saunders aoved, seconded by Comaissioner Baase and
carried unaniaously, that erection of a temporary sign for a period
exceeding the allowable seven day period tor the Barnett Bank at Kings
Lake square, be approved subject to Start stipulations.
1.
The Property owner shall agree to improve, light,
anð maintain the forty toot strip ot land;
The property owner agrees to remove the sign at
their expense if at any time in the future it conflicts
with proposed construction activities of Collier
County;
2.
3.
The property owner agree. to file and pursue a
petition tor vacation troD the Collier county
Comaission; and
4.
The Property owner shall agree to a properly worded
easement agreement prepared by the county's Public
works Division.
Page 21
-
-
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!"
.~
MARCH 29, 1988
...
;;
It.. 19A3
USE OF nGnTAIL BEACH BY LCL PRODOCTIOJIS, I.C. TO J'ILK A TELEVISION
COKKERCIAL - APPROVED
Acting Community Development Director Olliff advised that LCL
Productions, Inc., which is headquartered in New York City, have
requested the use of Tigertail Beach on Marco Island to film a televi-
sion co.-ercial.
He stated that Staff re~ommends approval with five
stipulations.
CO88issioner pistor aoved, .econded by comaissioner Goodnight and
carried unaniaously, that use of Tigertail Beach by LCL Productions,
Inc. to fila a television commercial, be approved subject to Staff
stipulations.
1.
Proof of general liability insurance with $1,000,000.00
coverage and with the county designated as "additional
insured."
2.
Proof of worker's compensation.
3.
completion of a rental agreement with the Parks and
Recreation Department.
obtain a perait to allow vehicles on the beach from
the Batural Resources Kanagement Department.
4.
s.
Obtain any necessary perait. from the Environmental
Health Department for the catering of food.
It.. t9B1
BID 188-1211 FOR A WHEEL LOADER FOR THB COUNTY LANDJ'ILL AWARDED TO
FLORIDA MACHINERY EQUIPMENT COMPANY - $112,668
Legal notice having been published in the Naples Daily News on
January 12, 1988 as evidenced by Affidavit of publication filed with
eoo( 112 ,,"-'.: 688
Page 22
.vG( 112 w~ 689
MARCH 29, 1988
the Clerk, proposals for Bid 188-1211 were opened at 2:30 p.m. on
January 27, 1988.
Public Works Administrator Archibald advised that a replacement
wheel loader is needed at the County Landfill.
He stated that the
current wheel loader, which moves around the fill and cover materials,
is being transferred to the I amok a lee Landfill and will have to be
replaced in Naples with a similar size unit.
Hr. Archibald stated there were 9 proposals of which 5 met the
County specificatiryns and only 3 provided local service.
He stated
that back-up parts and service is critical on this machine.
He
advised the low bidder was for a Clark Machine by Florida Machine
EQuipment which has a fairly substantial operation in Ft. Myers.
coaaissioner pistor aoved, seconded by coaai.sioner Goodnight,
that Bid '88-1211 for a wheel loader be awarded to Florida Machinery
Equipaent Company in the amount of $112,668.
Hr. Mack McLean of H. D. Moody, low bidder, stated that service is
very important for this machine and advised they have now opened a ser-
vice center in Ft. Myers.
He said the company is 7S years old.
County Manager Dorrill advised the Board that they have an adopted
purchasing policy and he does not recommend allowing a vendor to amend
a bid.
He stated this vendor did not meet the specifications at the
ti.e the bids were opened and he suggested that Mr. Moody submit a bid
next time.
County Attorney Cuyler agreed with Mr. Dorrill on this
issue.
~pon call tor the question, the aotion carried unanimously.
Page 23
MARCH 29, 1988
It.. t9B2
JOIn PAJrfICIPATION AGREEJŒ1C"r WITH FLORIDA DEPART!Œ1fT OF
TRAØSPOaTA~IO. FOR CONSTRUCTIOH OF A YIXED-BASED OPERATION FACILITY AT
TKJ: IJOfOKALEE AIRPORT - APPROVED
Public Works Administrator Archibald advised that the FAA and the
FDOT have indicated there may be $100,000 in grant funds available to
the County for improvements at the Immoka1ee Airport.
He stated that
if the Board executes the agreement there is a dollar for dollar match
and the grant could be used for a fixed-base operation at the
IlIØIOkalee site.
Hr. Archibald stated that the laatching funds at this time are not
available, however, if the money could be earmarked at a later date
the agree~nt should be executed.
He stated Staff recommends execu-
tion, and the County is not at risk is they cannot come up with the
IDOney .
Hr. George Keller, Collier County resident, stated that the
I.-okalee Airport will be a great asset and the County should execute
the agreement.
coaaissioner Goodniqht 80ved, seconðed by comaissioner pistor and
carried unanimously, that the Joint Participation Agreement with
Florida Department of Transportation for construction of a fixed-based
operation facility at the Immokalee Airport.
aOD( 112 Pi'.! 690
Page 24
MARCH 29, 1988
It.. UB3
STAYP DIUC'fED TO !lOTI" DR OJ' COLLIn comrn' S DESIRE TO 01fØ THE
MARCO ISLAJID AIRPORT PROPERTY AND TO LEASE SAME.
Public Works Administrator Archibald advised that the State of
Florida Department of Natural Resources owns, in fee simple, the land
and i.provements known as the Marco Island Airport, which is comprised
of 65 acres of filled wetlands.
He said the DNR is presently
beginning the process of terminating this lease.
He said the current
issue is whether DNR will continue operation of the airport facility
or will convert the land back to wetlands.
Mr. Archibald stated Staff would like to notify DNR that the air-
port serves a great need and will become more important in the future.
He said they would li~e DNR to keep the land in its present state and
lease the airport, with the County being considered as a future
lessee.
Chairman Glass stated the County should request transfer of the
property from DNR to Collier County.
Mr. Archibald stated they have
discussed with the Collier County's Natural Resources Management
Depart8ent and it is their feeling that because of the environmental
concerns with this property that DNR will want to retain control.
Mr. George Keller, Collier County resident, stated that his plane
is based at the Immokalee Airport and very crowded now.
He stated
that if there are chances to improve this facility and the property is
viable, the County should make sure it remains as an airport.
Page 25
tGG( 112 PS'.! ïO2
"
'.
r,GQ{ 112 ". ~ 703
MARC"r1 29, 198B
Mr. Bill Rose, Marco Island resident, stated he has been writing
and 8eeting with DNR and FOOT for the purpose of acquiring a lease on
the airport.
He stated there is a clause in Deltona's lease which
requires them to convert the land back to its original state at the
end of the lease period.
He said that whoever becomes involved in
this airport would need a long-term lease and free from that
require8ent.
Mr. Rose advised that he has offered to operate this airport, with
a long ter. lease, with no salary to hilDSelf, but, after tax profits
would go back into capital improvements.
He said in most case~, this
would be hangar space.
He added that whatever happens there the
County should make an effort to see that the airport continues in its
existence and it could grow in an ~rea of executive transport.
Mr. Rose advised that he owns two small airports in the Chicago
area and his only goal in the Marco Island Airport is that someone
should gain control on a long-term basis for the good of the entire
cOØllllunity.
He stated that he believes that this operation is extre-
~ly necessary to Marco Island with an ancillary view toward Naples
and Collier County as a whole.
He said it makes no difference to him
whether DNR, DOT, or the county is the lessee, but it must be on a
long term basis.
Commissioner Saunders stated that he is impressed with what Mr.
Rose has stated and it is his opinion that the County should at least
support him in his efforts to lease from DNR.
Page 26
MARCH 29, 1988
CO88!.sioDer Saunders aoved, to direct staff to notify DHR with a
letter and ~ackup of the county'. de. ire to own the airport and work'
vith Kr Ro.e on a long-tera lease, and if ownership is Dot acceptable
the county vould lite to wort with Hr. Rose to support his efforts in
securing a lonq-tera lease froa DHR.
Hr. Keller stated the Board should not be talking franchise or
concession at this point.
Mr. Rose stated that he has spoken with Mr.
Van Arsdale and they do not wish to continue at the Marco Island
Airport.
C088issioner pistor stated that he has spoken to Mr. Rose before
and believes he would make it a superior airport.
~e action va. .econded by coaai..ioner pistor.
County Manager Dorrill stated that the first issue is to wrestle
jurisdiction from DNR.
He said the second is that Collier County
would have to solicit bids from the competition instead of predeter-
aining that Mr. Rose is the best vendor.
Co88i..ioner Saunders amended hi. aotion to reflect that selection
be done in the event that Collier County becoaes owner of that land
and if not, the county will support Kr. Rose.
Upon call tor the question, the ..ended aotion carried unani-
aou.ly.
tGG( 112 ~~! 704
Page 27
"" 112n'~ 707
MARCH 29, 1988
It- ItD"
DISCOSSIO. ON JOIBT PARTICIPATION ROAD CONSTRUCTION AGREEMENT FOR
LITTLE RED CABOOSE, INC. - STAn DIUCTED TO PROCEED
Public Works Administrator Archibald stated that this item was
discussed at the meeting of March 15, 1988, and Staff was to return
with final arrangements for construction of turn lanes for San ~tarco
Park.
He advised that Staff has confirmed that the total construction
cost will be 5304,000, less a reduction for certain changes to those
plans for a bike path for a contract price of $285,000.
He said the
County currently has a grant for $200,000 and Mr. Basik will need to
provide $85,288.
Hr. Archibald stated the County has received a check in the amount
of $60,288 and a Letter of Credit for $50,000.
He said the liquid
dollars do not meet the total commitment, however, the security is
there to complete the job.
Hr. Archibald stated Staff has prepared and finalized the contract
with change orders for the sidewalks and certain quantities of
materials.
He stated Staff needs direction as to whether they should
proceed on the deadline and whether or not the Letter of Credit should
be drawn on immediately, or the pr~ject started with the grant money,
Hr. Basik's check and draw on the Letter of Credit when needed.
County Manager Dorrill stated that the Letter of Credit was
payable and due upon demand.
He said his advise is to allow the pro-
ject to continue and then when needed Mr. Basik ~an render extra cash
Page 28
MARCH 29, 1988
or draw fr~ the Letter of Credit.
In answer to County Attorney Cuyler, Mr. Basik stated that he
understands that if needed, the County will draw on his Letter of Cre-
dit.
Co88i..ioner Goodnight aoved, .econded by commissioner pistor and
carried unan18Ously, that Staff proceed with the Construction
Aqre...nt based on the grant, cash froa Mr. Basik and draw from the
Letter of Credit when needed.
It- 11A2
B tJDaB"r JUœØ .l:ìttlUrr 8 8 - 16 7 - ADO PTED
CØ8aissioner Goodnight aoved, seconded by Commissioner pistor and
carried unanimously, that Budget Aaendaent 88-167 be adopted.
It.. f12A
DISCUSSIO. O. 'rIΠCOLLIER COtnrrY POLLOTIO. COIlTROL PROGRAM - COUNTY
ATTORJŒY DIRECTED TO DRAFT ORDIJIAJICB BSTABLISHIHO POLLO'fIOH CON'l'ROL
ADVISORY COXXITTEE
C088issioner Saunders .oved, that the county Attorney be directed
to draft an ordinance establishing a Pollution Control Advisory
co88ittee, so.e thought be given to the goals and objectives for that
co..ittee; and development of a plan of action to deal with the pollu-
tion problea within the scope of the referendum, and report back to
the Board a. soon as possible.
Mrs. Charlotte Westman, League of Women Voters, stated they favor
a groundwater protection ordinance, however, it is their opinion that
the Groundwater Technical Advisory Committee is already addressing
t~~~ JljL~'J~~ jf(J~
Page 29
.- 112n'~ 1C-9
MARCH 29, 1988
this subject.
eo..issioner Saunders stated that he has the information con-
cerning the Groundwater Technical Advisory Committee and he is not
trying to do anything that would reflect they are not doing their job.
He said the pollution Control progra.. approved by the voters is
broader in scope and is generally for all surface water in the County.
He said he envisions a formal committee that would help establish
various comøittees to different areas.
He said there may be some
potential for overlap, however, he does not see it.
C088issioner Saunders stated the Pollution Control Referendum pro-
vides legal parameters for which the funds can be used.
He said it is
his intention to do what he can to not only implement those parame-
ters, but also to find a way to broaden the scope of the committee.
He said it is critical to an overall program to protect all of Collier
County water resources.
In response to Commissioner Hasse, Environmental Pollution and
Control Director Lorenz stated that the Groundwater Technical Advisory
Comaittee is very focused.
He said if the Board wishes to go beyond
the goals and scope of that committee, they will need to broaden the
8embership, since most of the people on that committee are geared
toward groundwater.
He stated from a relationship standpoint, ~he
Technical Advisory Committee would still be technical advisors, and
fro. a working relationship standpoint, they could establish objec-
tives which tie together to the other committee to reduce the amount
Page 30
MARCH 29, 1988
of overlap.
Answering Chairman Class, Commissioner Saunders stated the new
committee would work with Mr. Lorenz and his committee, but it is only
one part of their work.
fIe said the program must be much more compre-
hensive, since Coll!er County has canals, rivers, lakes, etc. which
can be polluted.
He said there is also fresh water, other than
potable, that are assets.
County Manager Oorrill stated Staff supports the proposal.
Chairaan Class stated this new committee will not involve the
Technical Advisory Committee.
~e action was seconded by commissioner Basse and carried unani-
8Ou.ly.
* * *
~e following it... were approved and/or adopted under the Consent
Agenda by aotion aade by c088issioner Pistor, seconded by Commissioner
Goodnight and carried unanimously:
It- t14AI
CJlAXIUiAJI AUTHORIZED TO SIGN HUD COKPLIAllCE FORK, VOUCHER FOR PAYMENT,
AXD BALARCE SHEET FOR KODERATE REHABILITATION HOUSING ASSISTANCE
PROGRAXS
See Pages
'l/t, - 7d.~
It- 1141.2
ESTABLISHKENT OF A SELECTION COKKITTEE TO REVIEW PROPOSALS FROM
COIIStrLTAllTS FOR STUDY TO DEVELOP CORRIDOR MAJlAGEME:NT PLANS
City of Naples
Collier County
2 members (Chief Planner & Assistant City Mgr.
3 members (purchasing Director; Chief of Long
Range Planning; Crowth Mgmt. Coor.)
Page 31
~úG( 112p.&,.! 110
6(,0' 112n'~ 111
MARCH 29,1988
It.. t14Bl
LAKE TRAFFORD MEMORIAL GARDEN CEMETERY DEED NOS. S39, 540, 541
See pages
r¡ ~ 3 - ? :LoS
It.. '14B2
Aau~1rt' WITJI GSX SERVICES, I.C., TO PROVIDE A THREE DAY HOUSEHOLD
HAZARDOUS WASTB COLLECTIO. PROGRAM
See pages Document not received as of 4/13/88
It.. t14B3
STAn TO COKKEJfCB WITH THE PROJECT RIGBT-OF-WAY PHASE FOR THE
IfOKTI1~aLY EXTEJfSIOJf OF SANTA BARBARA BLVD A1fD PREFERRED CORRIDOR
ALIGIOŒJfr "2A"
Staff to prepare certified right-of-way maps and acquisition docu-
8ents for subsequent presentation and approval by the Board and formal
solicitation of proposals for Professional Land Survey services to
support in-house duties and responsibilities.
It- '14B4
FIKAL PLAT APPROVAL OF BERXSHIRE LAKES, UJfXT 2
Final plat not to be recorded until the required improvements
have been constructed and accepted and all subdivision improvements
are to be completed within 36 months of this date.
It.. '14BS
FIlIAL PLAT APPROVAL OF GRASSMERE AT wnmma:RE, PHASB I
Final plat not to be recorded until the required improvements
have been constructed and accepted and all subdivision improvements
ace to be completed within 36 months of this date.
It- f14B6
,.
FInt. PLAT APPROVAL OF IKHOItALEE HABITAT FOR BUHANI'l'Y, PHASE IV
Final plat not to be recorded until the required improvements
have been constructed and accepted and all subdivision improvements
are to be completed within 36 months of this date.
Page 32
--""" -"_._"-"
MARCH 29, 1988
It.. 11487
ESCROW MREE!ŒJIT WITH ~BSC'HMAlI ASSOCIATES FOR THE ACCEPTANCE OF
DRAIncm EASEHENTS TO SERVE THE GLADES AND WINTERPARIt
See pages
?;;J.¡!, - "do F
It.. 114B.
AGU£ft£Jf1' WITH THE IKKOJCALEE CHAXBER OF COIOŒRCE TO ALLOW THE USE OF
COOIITY-owNED LAlfDS FOR THE PURPOSES OF HOLDING A CARNIVAL
See pages
7~f - 73/
It.. tUB'
IJI'fEJUX ROAD IMPACT FEE PAYJŒ1f'1' AcnuŒJŒ1I'1' WITH SCOTT P. LUTGERT,
'.rR~BTEE, DEVELOPER OF THE VILLAGE OX V£.NETIAII BAY
Staff to refund S30,179.52.
See pages
7J:J. - '7..51'
It- IUCl
cnIRJIAIf AUTHORIZED 'l'O SIGJI COJCTRACr FOR LIBRARY SERVICES AND
CONSnUCTIOIf ACT, TITLE II, CONSTRUCTION GRAJrr
See pages
75.6-- '7h g.
,
Ites:a fUC2
AGREEJIEtI'I' ACCEPTING A GRAJrr AWARD FROM THB DEPARTMENT OF COMMUNITY
AFFAIRS 'l'O FUND A1f I!lDIGEJIT DEJITAL HEALTH CARE PROGRAK
See pages
7t,S - ?7S
It.. 'UC3
SOCZAL SBRVICE CASB .-12688
It- 'UC4
REBOLUTIOIf 88-" AKEIfDING 88-75 CRABGIlfG PEB ASSESSED FOR CHILD CARE
CE~BR FOOD/BEVERAGB PBRMITS AND APPROVING PERSONAL HEALTH/PRIMARY
CAaB PEE SCHEDULB USED BY THE HRS COLLIER COUNTY PUBLIC HEALTH UNIT
See Pages
'l7t.. '1 ?'7
.
Page 33
t(,ü' 112",o! 712
112",;.113
MARCH 29, 1988
It.. 114C5 - Continued
It.. 11401
ZAGLEWOOO COØDOMINIUK - WATER FACILI~ES
Recorded in O.R. Book
1338
, peges 421-432
It.. IUD2
REVISED UTILITY AND ACCESS EASEKEWT AND EXECUTIOø OP RELEASE OP UTILITY
EASEJŒJI'1' FOR SOUTH COUIITY REGIO~ WAS1'E1fA'lER FACILITIES
Recorded in O.R. Book
1338
, Pages 553-556
It- '1403
W7LDWOOD LAXES PRASE I - OK-SI'lE SZWBR FACILITIES AND LEASE
Recorded in O.R. Book
1338
478-530
, Pages
It- IUD4
LAD POIII"1' COJfDOMI.IUMS A'I' WILDWOOD LADS, '1'JtAC'I' I - WA'lER AND SEWER
FACILI'I'IES ACCEPTAJfCE AJrD LEASE
Recorded in O.R. Book
1338
, Pages S31-552
It- 11405 - continued
It- IUEl
DECLARATIOK OF SURPLUS AND AUCTIO. FOR SALE APRIL 16, 1988
See Pages
,?ýf'- '797
It.. 114E2
REJZCTIOH or BID OFFERS B88-1219 as HUKAK RESOURCES DEPARTMENT'S
RECR~ITKENT ADVERTISING
It- , UGl
CERTIPICATES FOR CORRECTIO!f TO THE TAX ROLLS
1987 TANGIBLE TAX ROLL
Nos. 1987-90/94
Dated 03/16-22/88
Page 34
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MARCH 29,1988
It.. '1402
BXTRA GAX. ~rKE FOR rKKATE NOS. 16922,56618, S7030 AND 26382
It.. I14G3
SA~SFACTION OF LIENS RE PUBLIC DEFENDER
See Pages
It.. '140
'19ý -¥o5
KI8CZ~OS CORRESPOIWENCE FILED AJfD/OR REFERRED
The following correspondence was filed and/or referred as
indicated belC'W:
1.
Letter dated 03/16/88 from Gary Huber, Controller, Barron
Collier Company, regarding Collier County Regional Water
System Assessment (Recorded on Marguerite R. Collier
Testamentary Trust), and requesting that we compare the
information with our records. Referred to Jim Giles
(original) and filed.
Letter dated 03/18/88 from James C. Giles, Clerk, warning
that there are unpaid taxes on property which will be sold
at public auction on 05/18/88 unless the back taxes of
Sl,062.85 are paid. Certificate No. 2482-1084 TDA 5480.
Filed.
2.
3.
Memorandum dated 03/11/88 from Thomas G. Pelham, Secretary,
DCA, re Local Government Comprehensive Planning Major List
and attaching final list of major identified issues and the
Department's response to them. Referred to BCC, Neil Dorrill,
Jane Fitzpatrick and filed.
Letter dated 03/18/88 from Douglas L. Fry, Environmental
Manager, DER, enclosing short form application (File No.
111467935), which involves dredge and fill activities.
Referred to Neil Dorrill, Dr. Proffitt, George Archibald
and filed.
4.
5.
Final Order from DNR dated 03/11/88 for Vista Condominium
project, Park Shore, to use a construction area for vehicular
operations and equipment storage (Scottsdale Company).
Referred to Neil Dorrill, Dr. Proffitt and filed.
Letter dated 03/15/88 from Allen Potter, Deputy Assistant
Secretary, Florida DOT, re the Toll Facilities Revolving
6.
~Otl~ 112nq 714
Page 35
'"( 112w~ 115
MARCH 29, 1988
7.
Trust Fund (TFRTF). Referred to Neil Dorrill, George
Archibald, Jeff Perry and filed.
Minutes - filed
8.
March 7,9, 10, 1988 - CCPe/CAC
February 25, 1988 - Library Advisory Board
Notice dated 03/16/88 from Public Service Commission re
Need Determination Hearing to Florida Power and Light Company
and St. Lucie, Martin, Palm Beach, Broward and Dade Counties,
regarding Docket No. 880293-EI. Filed.
* * *
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 12:25 p.m.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
I
~~IJ:1C "
.: I" .
:-- .,,; . ~
."'. ..¡-.;',,' ç.
~' .- / *'
. !~(.~.. ~I~,:'CLERK
'-:'.' ,',"f:
~ '. . .. .
~L-. ~
ARNOLD LEE GLASS, CHAIRMAN
minutes ~rovecÍ bÝ the Dosrd on ~ L ~ /73'?
as presented ~ or as corrected
Page 36
-