Loading...
BCC Minutes 06/23/1987 R Naples, Florida, June 23, 1987 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: CHAI~MAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Arnold Lee Glass John A. Pistor Burt L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Beverly Kueter and Maureen Kenyon, Deputy Clerks; Neil Dorritl, County Manager; Tom Olliff, Assistant to the County Manager; Ken CUyler, County Attorney; Tom Crandall, Utilities Administrator: John Madajewski, utilities Engineering Director; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; David Pettrow, Community Development Administrator; Ann M.:.:Kim, Planning/Zoning Director; Robert Duane, Planner; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 aDOK 105 pm 208 .."'-,------,~-'".,~....~.._, aoOK 105 mt 215 Tape U Item f3 I: " . ' June 23, 1987 AGENDA AND CONSENT AGENDA - APPROVED W!TH CHANGES commissioner Goodnight moved, seconded by Commissioner pistor and carried unanimously, that the Agenda and Consent Agenda be approved with the following changes: Item f5C It.I..1:~ '9A2 Item #9B6 Item '9B7 Item #9B8 Item #9B9 Item #9B10 Item '9F4 Item #lOB Item #12D - Presentation to commissioner Saunders - Added. Resolution approving Petition STD-87-2C, Shell Western E & P, Inc., requesting permission to con- duct about 45 miles of seismic testing in Collier county - Moved from #14A2. Purchase of a replacement single drum vibratory roller for the Road , Bridge section (Bid no. 87-1111) - Moved from '14B1. Excavation Permit No. 59.282 "Naples Isle" - Moved from '14B3. Excavation Permit No. 59.251 "Sunniland Mine" - Moved from '14B4. Two "After-the-fact" Excavation Permits No. 59.209 and 59.213 for Jack Queen construction, Inc. - Moved from '14B6. User/blaster permit by Shell Western E , P, Inc. to conduct seismic testing using explosives in Collier County - Moved from '14B7. Request for an interpretation of the Pavilion PUD - Added. Big Corkscrew Island Fire and Rescue District Agreement - Added. Resolution regarding adðitional funds for Lely Barefoot Beach (Note: This resolution was inadver- tently omitted when additional funds of $500,000 were approved) - Added. Page 2 '. ' .. - _____ "_U _._....__..__.__. U_"'_'M_ June 23, 1987 Item 'SA BARBARA PEDONE RECOGNIZED AS EMPLOYES OF THE MONTH FOR JULY, 1987 Chairman Hasse read a letter and presented Barbara Pedone, Administrative Secretary under Utility Division Administration, recognizing her as Employee of the Month for July, 1987. Item '5B EMPLOYEE SERVICE AWARDS - PRESENTED Ch·' ,rman Hasse presented Employee Service Awards to the following emploYE:es: Paul Starns *pablo Salinas Purchasing Parks & Recreation 10 yrs. 10 yrs. *Not present to receive award Item f5C COMMISSIONER SAUNDERS PRESENT~D WITH COLLIER COUNTY FLAG Chairman Hasse explained that during the upcoming vacation period, Commissioner Saunders will be climbing Mt. Rainier. He presented him with a Collier County flag and requested that he place the flag on top of Mt. Rainier and take a picture of it. Item '6B1 ORDINANCE 87-49, PETITION ZO-87-8C, COMMUNITY DEVELOPMENT DIVISION, REQUESTING AMENDMENT TO ORDINANCE 62-2, SECTION 7.19: TRAVEL TRAILER RECREATIONAL VEHICLE PARK CAMPGROUND DISTRICT - ADOPTED Legal notice having been published in the Naples Daily News on May 22, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an amendment to permitted aOOK 105 pm 216 Page 3 -,. .. .~...... ..~~~ '<: 'OOK 105 pm 217 ',: ' June 23, 1987 accessory uses and structures for the Travel Trailer Recreational Vehicle Park Campground District. Planner Duane stated that the amendment to Section 7.19 of the Zoning Ordinance will enable a vinyl enclosed porch to be permitted as part of the accessory structural requirements of the TTRVC District. He stated the material complies with the inten~ of the accessory use provis:ons since it can be removed and relocated. Mr. Duane stated that Staff has no objection to the proposed amendment. He said the CCPC held their public hearing on June 4, 1987 and unanimously recommended approval. He said no one spoke for or against this petition at the CCPC public hearing. Commissioner pistor moved, seconded by commissioner Goodnight and carried unanimously, that the pUblio hearing be closed. Commissioner Pistor moved, seconded by Commissioner Saunders and carried unanimously, that the ordinance as numbered and titled below td adopted and entered into ordinance Book No. 27: ORDINANCE NO. 87-49 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATI0NS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY AS AMENDED BY ORDINANCE 84-60 BY AMENDING SECTION 7.19, TRAVEL TRAILER-RECREATIONAL VEHICLE PAHK CAMPGI-.OUND DISTRICT, SUBSECTION 7.l9.b.2 (c) (ii), PERMITTED ACCESSORY USES AND STRUCTURES, TO PROVIDE FOR VINYL ENCLOSED PORCHES; AND BY PROVIDING AN EFFECTIVE DATE. Item #6B2 PETITION PDA-87-1C, JAMES E. VENSEL ASSOCIATES, INC., REPRESENTING DONALD K. ROSS AND ROBERT B. LEIBER; REQUESTING THAT LANGUAGE BE DELETED FROM THE MARCO SHORES PUD - DENIED Legal notice having been published in the Naples Daily News on June 7, 1987 as evidenced by Affidavit of Publication filed with the Page 4 - .. - June 23, 1987 Clerk, public hearing was opened to consider a request to delete language in the Marco Shores PUD which states that no development can occur until such time as S.R. 951 is four-laned. P1ðnner Duane stated that the subject property is located ðt the northwestern corner of the intersection of S.R. 951 and Isle of Capri Road and is approximately 7 acres. He advised that the Marco Shores PUD was approved in 1982 and contains language that states development is not to proceed until S.R. 951 is four-laned. He stated the peti- tioner cu~rently has an amendment to the PUD document filed and will be h~'rd in the near future. He said the amendment is requesting a 150 r,:,o::1 motel, restaurant and boat dc,cks among other uses permitted in the PUD document. He stated the Boðrd must determine whether the request to allow the development to proceed before the four-laning of S.R. 951 constitutes a substantiðl deviation of the PUD. Mr. Duane gave the definition of a "substantial deviation" as defined in Florida Statutes 380.06.19.A. He stated that both the DCA and the SWFRPC have determined that the request for the change in use i~ not a substantial deviation, however, if the requirement regarding S.R. 951 were removed, that it would constitute ð substantial daviation. He noted that DCA and the SWFRPC has the right to ðppeal the decision made by the Board of County Commissioners. Mr. Duane gave a bricf overview in the difference in traffic con- ditions stating that in March of 1982 S.R. 951 was operating at Service Level "E" and has deteriorated since that time. He stated Page 5 ~OD~ 105,,~~,t 218 105 PAQ 21.9 ¡ ~ , .', I ¡': June 23, 1987 that the petitioner has amended his initial request which was to proceed prior to the construction of S.R. 951 and has offered the following compromise: 1. No Certificate of Occupancy is to be issued until January 1, 1989 or the section of S.R. 951 in front of the property is completed, whichever occurs first. 2. No direct acc~ss to 5.R. 951 until it has been four-laned. 3. A building permit may be appli~d for and granted at any time subject to the conditions in No. 1 and a reimbursement to the County in the sum of $7,500 for a fair share contribution to the cost of installation of the traffic signal. 4. No construction access will be taken from S.R. 95l. Mr. Duane stated that Staff recommends denial of this petition. He advised that Staff also recommends denial even if the Board deter- mines that the request, as amended by the petitioner, is not a substantial deviation. He stated that Staff's basis for this recom- mendation is that there is no certainty as to when S.R. 951 will be ~onstructed; the level of service of S.R. 951 has deteriorated since the restriction was first imposed; the proposed development would add 2,500 additional trips per day to the roadway; no other major rezones have been approved along S.R. 95l since the Marco Shores PUD was appro- ved; the Board has placed conditions on other rezones that future development not proceed unless an acceptable level of service exists; the condition was agreed to as part of the rezoning and settlement agreement by Deltona; the current owner presumably purchased the pro- perty with knowledge of the limiting condition; the request has no Page 6 - - - ," ~ '~'"-'~'''''~''"-''-''''-'--'-''''''"''-'-'''''''''----'''- June 23, 1987 public benefit and may potentially create more problems. Mr. James Vensel, James E. Vensel Associates, Inc., stated that he repres~~ts the petitioner. He gave a lengthy review of the history of the proposed project stating that the SWFRPC took a position that traffic on S.R. 951 was getting heavy and recommended that the County place a restriction in the PUD that no construction be done on this tract until S.R. 951 is four-laned. He stated that part of the agreement was Deltona's reliance on statements made that S.R. 951 was scheduled for 1987-88. He advised that the picture has changed somewhat and it now appears that it could be early 1989 before comple- tion of the road. Mr. Vensel maintained that no other property has had these limita- tions imposed and if they wait until 1989, when S.R. 951 is to be complete, this property has effectively had a 5 year moratorium on development. He also stated that in order to secure financing and start the planning process, a financial institution must be given a definite date that the project can go forward. Mr. Vensel again pointed out that the agreement was based on the date projected by DOT and that agreement is over if S.R. 951 is not complete by the end of 1988. Mr. Vensel stated that a "substantial deviation" is supposed to be something that affects Lee and Dade Counties as well as Collier County. He said Staff has not included any regional effects in their report and it is his opinion that the deviation should be termed mini- Page 7 aDOK 105~r.r 220 -..,..,.......,,--~ ---~--^., 105~r,t221 June 23, 1987 mal rather than substantial. In answer to Chairman Hasse, Mr. Vensel stated that they will agree to have no direct access onto S.R. 951 and will limit the prin- cipal entrance to Isle of Capri Road. Commissioner Pistor stated that even though they are saying there would be no direct access to S.R. 951, all of their traffic will be using S.R. 951. Mr. Dan Trescott, DRI Coordinator for the SWFRPC, stated they are very concerned about eliminating the S.R. 951 restriction from this p<operty. In answer to Commissioner Saunders, Mr. Trescott stated that any time there is an amendment the SWFRPC has the ability to review, and if the change will have regional impacts, they have the right to appeal. He also stated that S.R. 951 is designated as a regional road in the Regional Policy Plan. He said that not only will it affect the day-to-day traffic, but they are very concerned about hurricane evacuation. Chairman Hasse stated his feelings that deliberately adding addi- tional traffic to an already over used road is a very poor policy. He said traffic is going to be drawn to the area by the hotel and the people on the Isle of Capri will not be using the hotel. Mr. Ira Evans, Marco Island Taxpayers Association, stated that much has been said about the traffic· on S.R. 951 and he would like to point out that S.R. 952, Isle of Capri Road, is a very narrow, lightly constructed road. He stated that this could cause more problems than S.R. 951. He also stated there are problems with this property which Page 8 - - - - .. - June 23, 1987 have not been mentioned, such as the property in question floods, sewer facilities are not available and are not planned within the next 10 years, the water in this area is very shallow and not navigable at low tide, and the property is 40% covered with mangroves. He requested the Board to deny any construction until S.R. 951 is completed and never al10w a motel and/or marina on that property. Mr. Jack Wallace, Isle of Capri Civic Association, stated they have been told that S.R. 951 does not have a scheduled date to begin or w~ether it will be done at one time or in pieces. He stated the resi- dents of Isle of Capri feel very strongly that this road should not be a toll road and that this is not a proper application for a toll. He said the turn lanes on S.R. 951 and 952 will not handle any additional traffic and additional traffic will not be good during road construction. He requested that the Board deny this petition. Attorney Jeffrey N. Steinsnyder, DCA, stated that S.R. 951 is a regional roadway meeting the definitions used for a regional roadway. He stated that the conditions that prompted the Commission to place the restriction on this property still exist today and are possibly worse. He said that the DCA urges the Commission not to allow the development of the Marco Shores PUD before S.R. 951 is four-laned due to the uncertainty of the improvsments to the road. He stated that no one knows whether this road will be completed by January l, 1989. Utilities Engineering Director Madajewski stated that when this petition was reviewed, it was made very clear that water could not be aODK 105 f'Ar.r 222 Page 9 105 PA(;t 223 June 23, 1987 supplied until there are additional water lines running down S.R. 951. He stated that this work calls for a l2" parallel main and it is currently being scheduled to be done when S.R. 951 is four-laned. He stated that fire flow is a major concern. Mr. Madajewski advised that sewer service is not being addressed in this area because it is outside of the boundaries of the South Regional Plant. He said the only feasible method of servicing with sewer facilities is through Marco Sewer. In answer to Commissioner Pistor, Mr. Madajewski stated that they would use the Deltona effluent pipe that runs to Marco Shores, however, they will still need a package plant on site. Tape'3 (malfunctioning tape) Mr. Vensel stated that his question about regional impact has not been answered. He stated that no one has shown that this petition will have a regional impact. In answer to Mr. Evan's concerns, he stated that the prcperty does not flood and the mangroves are not within the boundaries of this property. He stated that all drainage will be contained on site. He stated that there will be no marina, but rather docks for 20 or 30 outboards and the depth of the water is sufficient. He stated that Mr. Wallace objects to a toll road, however, they know it is the only way the road can be built. He said the question of County water needs to be determined, however, that cannot be done until the Board acts on this petition. commissioner Saunders moved, seconded by commissioner Goodnight paqe 10 - .. ... June 23, 1987 and carried unanimously, that the pUblic hearing be closed. Mr. Pis tor stated that DOT will make the decision as to when and how S.R. 951 will be constructed and Collier County must obtain the rights-of-way. Commissioner Saunders stated that he is not sure of all the nego- tiations that have taken place, however, he sees no reason to amend the agreement. He said however, that he does not consider this to be a 9ubstantial deviation f~om the PUD. Chairman Hasse stated that he does not feel a regional impact is an issue, howeve~, the impact on Collier County is of great concern. commissioner Saunders moved that it is determined that the requested language deletion from the Marco Shores PUD is not a substantial deviation, but, Petition PDA-87-1C, James E. Vensel Associates, Ino., representing Donald K. Ross and Robert B. Leiber, requesting that language be deleted in the Marco Shores PUD, be denied. Commissioner Glass seconded the motion and it carried unanimously. Items f6C1 and f6C2 CREATION OF THE EVERETT STREET WATER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT AND STREET PAVING ASSESSMENT DISTRICT - STAFF TO MEET WITH AFFECTED PROPERTY OWNERS Legal notice having been published in the Naples Daily News on June 2, 1987 as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened to consider creation of the Everett Street Water Improvement Special Assessment District and creation of the Everett Street Paving Assessment District. ;;; 105 ~r.! 224 Page 11 &OOK 105w,! 225 " ~ " ~ June 23, 1987 Utilities Engineering Director Madajewski stated that each pro- perty owner has also been notified by mail of the tentative apportion- ment of cost and date, time and place of the public hearing. He stated the County is proposing to install a water system which will run along Rattlesnake Hammock Road, Polly Avenue, and down Everett Street. Mr. David Bolling, Everett Street resident, stated that the resi- d~nts of Everett Street want County water and they want the road paved. He stated that 11 of the 16 residents of Everett Street signed a petition asking for these improvements. He continued by stating that the costs have come in very high and the residents cannot afford the assessments, even when spread over 7 years. He advised that his assessment for the combined work of water and road is $11,000. Mr. Bolling stated that they would like to pay for a 6" water main which is the size needed for Everett Street. He said they do not feel they should pay for a bigger line just so it can be extended to other places at a later date. He also stated that they are willing to pay for the paving of the road, however, they would like the County to bear the cost of straightening the road and putting in the culverts. He noted that the drainage in this area is very bad and the culverts and swales will take care of this problem. Mr. Madajewski explained that the 8" water main is necessary to insure adequate fire flow. He stated that the main could. not safely Page 12 - - - "''''''''''__.''.''''...""..,"",_.,~,.- "'".,-_......"'_...,..,..._~-"-'''''"',,,..,,-'"',''''_#,..--~-- ... . þ¡~""..' ..,,,--,,,--.~..,..-.",,_.. --,,_.._-----_.........,.,..,.._........_,......"..,""'<>....-'".,"'...~..,,',.._.,-,~.--- June 23, 1987 be reduced. He explained that the lots on Everett Street are very large which places a large burden on the indiviJual property owners. Mr. Bolling stated that the area floods a great deal and the swa- les have never been adequate to handle the water. He stated the roads flood in the summer time. He again stated that the residents cannot afford the large assessments involved in this project, and they are requesting that the Board find some way of adjusting either the work or the assessments. In answer to Chairman Hasse, Mr. Madajewski stated that the origi- nal petition asking for these services came from the Everett Street residents. In answer to Commissioner Glass, Public Works Administrator Archibald stated that the road, as it exists today, is a public road but has never been accepted by the County for maintenance. He said it is not a County responsibility at this time and needs to be built to County standards before it can be accepted. Mr. Bolling stated that the residents cannot afford the assessments and if the County cannot help the residents, then they do not want the improvements. Mr. B. L. Flower, Sr., resident of Everett Street, advised the Board that his assessment for water and the road is $18,000, which does not include connecting to the system. He stated they need the services, but cannot afford this type of assessment. Commissioner Pistor stated that the cost of the water system is enol( 105f'.t'".r226 Page 13 ~'''''.'''.,,~.''',"''''_~r___.__"",''''_"~_'''h'_".·,",",·. '·'~'''·',._·o<'''''·'''uo·""·~ _..."..",_._..._,_".~._.....,._ lOOK 105 P.\f.! 227 June 23, 1987 $130~OOO and the cost of the road is $140,000. He noted that if they put the road in first, the water would cost a lot more. Tape '4 Mr. Archibald stated that the water system is designed to be installed at the same time the road work is being done. He said Staff would prefer to have the work done at the same time. In reference to the road alignment, Mr. Archibald stated that the area has never drained well and the drainage provided when building a road is designed to handle the water coming off the road and will not handle the water coming off the property. He said that if the property is flooding, it will continue to flood during certain times of the year. He explained that Mr. Bolling may not be talking about flooding, but rather inundation. He stated the drainage provided with road construction will be a little better outfall, but is designed for a 5 to 6 year storm event and will not drain private property. Chairman Hasse stated that the Board is only trying to provide what the residents requested in their petitions. In answer to Commissioner Pistor, Mr. Madajewski stated that the reason Polly Avenue is not included at this time is because they would not provide the rights-of-way. commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that the publio hearings be closed. Commissioner Glass moved, seconded by commissioner Saunders and carried unanimously, that Staff meet with the residents of Everett Page 14 - - - ,--,~--,.,,".,,.,.,...<.,,..,,,,,,-_......~."_.,...,--,,..,......-.- M',,', ........,_._""""'~_'....M_......_ June 23, 1987 street on the creation of the Bverett street Water Improvement special Assessuent District and the Everett street paving Assessment District and try to negotiate a suitable compromise, and report baok to the Board. ..* RECESS AT 10:40 A.M. RECONVENED AT 10:55 A.M. *.* Item '6C3 RESOLUTION 87-147, PETITION AV-87-007, WILLIAM C. MCANLY AS AGENT, REQUESTING THE VACATION OP A UTILITY EASEMENT - ADOPTED WITH STIPULATION Legal notice having been published in the Naples Daily News on June 7 and 14, 1987 as evidenced by Affldavit of Publication filed with the Clerk, public hearing was opened to consider a petition to vacate a utility casement in a portion of Lot i, Timbercreek II of Le1y Country Club. Public Works Administrator Archibald stated that this request is for the vacation of a drainage easement in the Lely Development. He stated the easement is located off Augusta Blvd. and currently travels through the entire southern end of the parcel, which is a condominium known as Timbercreek. He advised that the Staff has received "Letters ..... of No Objection" from the utilities and a replacement easement is being provided by the developer. Mr. Archibald stated that the vacation is to allow use of the area where the easement exists for a building complex. He stated that Staff has no objection. He said the only requirement is to assure that the County does receive a complete replacement easement and the , h, , , ~ i mK 105~r,1 228 ~ , . f .., j 'I : 105 p,\r:.t 229 June 23, 1987 developer undertakes the relocation of the sewer facility prior to recording. Commissioner Pistor moved, seconded by commissioner Goodnight and oarried unanimously, that the public hearing be olosed. commissioner pistor moved, seconded by commissioner GoodLight and carried unanimously, that Resolution 87-147, Petition AV-87-007, william c. McAnly as agent, requesting the vacation of a utility ease- ment be adopted with the stipulation that recording be withheld until a complete replacement easement is reoeived and the developer under- takes relocation of the sewer facility. . , ~ f . ') ~" ,! ,1,. (j' , : ~ ~ ~. '4 ~ l' -' ¡; ., ~. t 1."./'.;1'- ; ,:) ¡-pc, ,:1/ '~·:'¡.L:JI(tlJ r ';..' ~.,,_~".;.:' ~J r ¡ ~ J r:. ¡ ] ..~ .~' , .. - -, 4,' :, . t 'j .1.·.,.···.. i ti' ';'.\11 i~~V/ ~.:,.:,~ ~"~ .~~ i / ,~. ;\" f .1,:".... _~ J -: , , - - June 23, 1987 Item "C4 RESOLUTION 87-148, PETITION AV-87-008, COLLIER DEVELOPMENT CORPORATION AS OWNERS; REQUESTING THE VACATION OF A PORTION OF A UTILITY EASEMENT AT THE PAVILION SHOPPING CENTER - ADOPTED Legal notice having been publi~hed in the Naples Daily News on June 7, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider vacation of a portion of a utility easement northwest of the Pavilion Shopping Center. Public Works Administrator Archibald stated this utility easement is located within the Pavilion Shopping Center and specifically on the northwest portion. He advised there is an existing utility easement which is approximately 131 ft. long and 10 ft. wide. He said the Staff has no objections to the vacation and "Letters of No Objection" have been received from the utilities. commissioner pistor moved, seconded by commissioner Goodnight and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by commissioner Goodnight and carried unanimously, that Resolution 87-148, Petition AV-87-008, collier Development corporation as owners, requesting the vacation of a portion of a utility easement at the Pavilion Shopping Center, be adopted. Page 17 &DOK 105 ""r;t 236 '. \ ~. ~I . - .--1 -. June 23, 1987 Item UC5 ORDINANCB 87-50, CREATION OF THE RIVER REACH SUBLIVISION STREET LIGHTING DISTRICT - ADOPTED Legal notice having been published in the Naples Daily News on June 4, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider creation of the River Reach Street Lighting MSTU. Public Works Administrator Archibald stated that the developer of the River Reach Subdivision has requested the creation of a street lighting district for the subdivision. He advised that the purpose of proceeding at this time is to coordinate the construction of the roads, development improvements, and street lighting concurrently. Mr. Archibald stated that if the Board approves this district at this time taxes cannot be assessed to that area until 1988. He advised that the payment for the lights will be provided by the deve- loper until such time as the taxing district can begin to tax and receive revenues. He stated that the agreement in Item #9B4 has been provided for this purpose. He said Staff recommends approval. commissioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 27: ORDINANCE NO. 87-50 AN ORDINANCE CREATING THE RIVER REACH STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF aDOK 105 mE 242 Page l8 ~.. I~;} .:E;r , .~- .r... ~.. ··aj.,~,~.,·,·····.· '. ~. ' , . ~v.·.·. it:~ 'if ~'. "'Ρ. '"., ..;' ~¿;. ;" ~~¡ ~." t' i:';' V ~ ;' aOOK 105 PAG~ 243 June 23, 1987 THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; ÞROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE D^TE. Item f9B4 AGREEMENT WITH COLLIER DEVELOPMENT CORPORATION FOR STREET LIGHTING IN THE RIVER REACH SUBDIVISION - APPROVED AND CHAIRMAN AUTHORIZED '1'0 SIGN commissioner Goodnight moved, seoonded by Commissioner pistor and carried unanimously, that an agreement with Collier Development corporation for street lighting in the River Reach Subdivision, be approved and the Chairman is authorized to sign. , ( ~' , !' .. 'I ¡., j.:i, Page 19 - - - June 23, 1987 Item f6C6 ORDINANCE 87-51, IMPOSING MORATORIUM ON THE APPLICATION OR USE OF THE COMMERCIAL CALCULATION FORMULA WITHIN THE PUD 5.2.1 RULE - ADOPTED Legal notice having been published in the Naples Daily News on June 4, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a moratorium on commer- cial rezones along Davis Blvd. and the use of the commercial calcula- tion formula within the PUD 5.2.1 Rule. County Attorney Cuyler stated that Section One of the proposed ordinan.ce deals with the moratorium on Davis Blvd. and Section Two sets out the actual language in the Comprehensive Plan that the mora- torium will apply to in regard to the 5.2.1 Rule application. Mr. Alan Reynolds, of Wilson, Miller, Barton, SolI & peek, Inc., representing Davis Blvd. Real Estate Partnership, stated that on April 30th he filed a rezone application with the County. He stated the request is for a 1 acre parcel behind the Germain Toyota dealership from multi-family to commercial to permit expansion of their parking facilities. He advised that right now the petition has only gone half-way through the review process. He stated his concern is that it is not totally clear whether applications which are already in process will be affected. He then requested the Board to clarify the language to exclude petitions which are already being processed. Commissioner Pistor stated his feeling that this action is taking place because there are already too many commercially zoned properties ~OOK 105 mt 246 Page 20 . ,::..;.. 105mt247 June 23, 1987 in that area. He said that Mr. Reynolds' suggestion is contrary to what the Commission is trying to accomplish. ~Ir. Cuyler stated that the June 4, 1987 date in paragraph one is the date the notice was published in the newspaper. He stated that the Board may wish to establish a cut-off date. He also mentioned that Mr. Reynolds has the only straight rezone petition being processed at this time, however, there may be some applications for the 5.2.1 Rule. He advised that the Board may decide to handle pending petitions dif- ferently, but they have no obligation to do so. Attorney George Varn~doe stated there is no need to place a blanket moratorium on all commercial zoning along Davis Blvd. He stated he does not believe the Board has enough justification to impose such a moratorium. He stated he does not believe there is any undeveloped commercial property west of Kings Lake Blvd. He said east of Kings Lake Blvd. there is justification to stop and look at the situation. He said that to simply say east of Airport Road does not seem justified. He stated there are many unanswered questions, such as what property is being affected and how much unzoned property is located west of County Barn Road? Mr. Varnadoe noted that part of this Ordinance will be applicable to the Comprehensive Plan and he does not feel that the Board has met the requirements of amending the Comþrehensive Plan. Mr. Varnadoe stated that Davis Blvd. is currently operating at Service Level "C" and this is not an emergency situation since the Page 21 June 23, 1987 only ccmmercial construction taking place is Kings Lake. Commissioner Pistor stated that the Comprehensive Plan is not being amended. He said this measure is to allow time to study the situation to see if an amendment may be necessary. He also noted that this moratorium does not deny anyone the use of their property and changes no zoning. Tape #5 (malfunctioning tape) Mr. Cuyler stated that Mr. Varnadoe may have an argument, however, his own opinion is different than Mr. Varnadoe's, and there is case law on both sides. He advised the Board that they are allowed to take the time to determine if amendments are necessary and then go through the proper procedures to make those needed amendments. He stated there have been two major DRI petitions before the Board which is the reason this has come up at this time. He said there were maps in front of the Board at the presentations of both DRI's and those records WOIJld be incorporated as part of their consideration. Planning/Zoning Director McKim stated that Staff expressed great concern about commercial zoning during the presentation of the two recent DR! applications. She stated that since that time the Board has approved a consultant to look at the County's commercial land uses and zoning and this study will hopefully resolve the concerns. Mrs. McKim displayed a map and pointed out commercially zoned properties. She also pointed out that there are almost 90 acres of commercially zoned property within PUD's in this area, as well as C-3, C-4, and c-s aOOK 105 PAGt 248 Page 22 1051'~{·t 2.\.9 June 23, 1987 zoning at the eastern and w~stern ends of Davis Blvd. She stated that the consultant study should only take from 6 to 8 months, and since rezones take almost 6 months to process, Staff feels the delay is not extreme. In answer to Mr. Cuyler, Mrs. McKim stated the property west of Lakewood Blvd. is almost all zoned. She said from Lakewood Blvd. there is one undeveloped piece to the east and there are still large pieces undeveloped along the south side of Davis Blvd. She stated that two petitions were received yesterday with one being for commer- cial and the other for PUD commercial. She also stated there have been some pre-applications for development along Davis Blvd. and rezo- nes are being requested. In answer to Mr. Varnadoe, Mrs. McKim stated there is very little undeveloped property located west of Kings Lake Blvd. and she is not aware of any property west of Kings Lakes Blvd. which does not have some existing zoning. Mr~ Jon Lowdermilk, Naples Area Board of Realtors, stated they are concerned that the Board is setting a precedent and are afraid that this action may extend beyond Davis Blvd. He stated they are very concerned with the private property rights of individuals. Mr. Bill Barton, of Wilson, Miller, Barton, SolI & Peek, Inc., stated that he is concerned with the issue of "changing the rules in the middle of the game". He stated that any time this happens there are people who get hurt. He requested that the Commission look at Page 23 - - - June 23, 1987 this issue with caution ðnd maybe changing the rules in mid-process is not necessary. He also requested that some consideration be given to those applicðnts who submitted petitions in good faith based on the rules in effect today. Mr. Harry Hubschman, The Glðdes, Inc., stated that he has sub- mitted a petition for a PUD in which there are 2 acres of property they would like to use for commercial. He stated that if the Commission passes this moratorium they will run out of work for their employees and it will also delay the project at leðst one year. He stated that The Glades does not develop property just to resell or make a profit off of rezones. He requested the Commission to recon- .~ sider the moratorium and not place it in effect. Commissioner Pistor pointed out that Mr. Hubschman would not be stopped from developing his project, only the commercial acres. Mr. Cuyler advised that if the Board decides to exempt the peti- tions in process, they have not lost the ability to review those com- mercial properties. He stated they also have not lost the ability to deny those petitions for legitimate reðsons. In answer to Commissioner Saunders, Mrs. McKim stated that Wilson, Miller, Barton, SolI & Pe~k, Inc. have one petition in process which was submitted before June 4, 1987 and there have been two petitions received after June 4, 1987. Mr. Cuyler stated there are two parts to the proposed moratorium ordinance: Section One applying to Davis Blvd. and Section Two aOOK 105 PAQ 250 Page 24 , , ~ -----""...."",.~.,.,.,',,....., ~.'..''',.,''~~~-"".,.''..~.,..'''~".....,-----"'._-.."'''''''',."' lOOK 105 mr 251 '/ . , June 23, 1987 applying to the 5.2.1 Rule. He stated that both are for a period of one year. Mr. Cuyler then read the second sentence of Paragraph #1. He advised that language neèds to be added to state that any peti- tioner has the right to allege that he has no other reasonable use of his property which will enable the Planning Staff to review and submit to the Board. He said that if the Board finds there is no other reasonable use for that property, then it would be allowed to pro- ceed. He stated that there would be very few of these cases. Commissioner Saunders moved, seconded by Commissioner pistor and carried unanimously, that the publio hearing be closed. commissioner Glass moved that the effective date should be the date the ordinance is passed, inolude property already zoned from the western limit, and the moratorium should ba for a period of 6 months with a required review at that time. commissioner Saunders stated he would second the motion provided the effective date will be June 22, 1987, the moratorium will automaticaily continue unless lifted, the area to be included is east of Lakewood Blvd., and the ordinance is to include the addition previously read by the county Attorney. commissioner Glass amended his motion. The motion failed 3/2 (Commissioners Hasse, pistor opposed). Commissioner pis tor stated that the effective date of the Ordinance should be June 4, 1987 when it was advertised. He stated that this issue was discussed prior to that time. He stated that the moratorium should be for a period of one year to allow Staff suf- Page 2S - - - . , June 23, 1967 ficient time to review the overall picture. He noted that moratoriums are not written in granite and they can be lifted at any time by the Board. Chairman Hasse stated that the Board has provided Staff with outside assistance on this matter and the time frame should ,be one year. ... RECESS AT 11:50 A.M. RECONVENED AT 12:00 P.M. ... Tape '6 Commissioner pis tor moved, seconded by Chairman Hasse, that the Ordinance be adopted as written Using the June 4, 1987 effective date. Upon call for the question, the motion failed 2/3 (Commissioners Glass, Saunders and Goodnight opposing). Commissioner Saunders moved, seconded by Commissioner Glass, that the ordinance be adopted for the 5.2.1 Rule only with an effeotive date of June 23, 1987, and deleting the Davis Blvd. portion. Upon call for the question, the motion failed 3/2 (commissioners Hasse and pistor opposing). commissioner Saunders moved, seoonded by Commissioner Glas. and carried 4/1 (Commisaioner Pistor opposed), to impose a moratorium on the 5.2.1 Rule only with an effeotive date of June 22, 1987, and that the ordinanoe as numbered and titled below be adopted and entered into Ordinance Book No. 27: aDOK 105 PAr.r 252 Page 26 aoo~ 105 PA(,£ 253 June 23, 1987 ORDINANCE NO. 87-S1 AN ORDINANCE ESTABLISHING AND IMPOSING A MORATORIUM ON THE APPLICATION OR USE OF THE COMMERCIAL CALCULATION FORMULA FOR RESIDENTIAL PLANNED UNIT DEVELOPMENTS, COMMONLY KNOWN AS THE 5-2-1 RULE, SET FORTH ON PAGES 15 AND 15.1 OF COLLIER COUNTY ORDINANCE NO 83-54, THE COLLIER COUNTY COMPREHENSIVE PLAN; PROVIDING THAT THE MORATORIUM SHALL BE IN EFFECT FOR A PERIOD OF 1 YEAR; PROVIDING AN EFFECTIVE DATE. A brief discussion followed on whether a formal market analysis could be required on rezone petitions. Mr. Cuyler advised the Board that most of the developers are sophisticated enough to know that if the Staff sees a potential problem, it is up to them to submit something to make their case. I:tem '7Al RESOLUTION 87-149, PETITION V-87-8, COMMUNITY DEVELOPMENT DIVISION ON BEHALF OF VICTOR GAMBOA, REQUESTING A VARIANCE FROM THE FRONT YARD SETBACK - ADOPTED Legal notice having been published in the Naples Daily News on June 7, 1987 as evidenced by Affidavit of Publication filed with the Clerk, p~~lic hearing was opened to consider a variance from the required front yard setback for property located in Lake Trafford Shores. Planne~ Duane stated that this petition is being initiated by Staff and the property is located at the intersection of Lake Trafford Road and Taylor Terrace in Immokalee. He outlined the property on a map stating that on June 12, 1986, County Staff erroneously approved a building permit for a single-family dwelling on the subject property. Page 27 - -- - -"---.. ,.~; . ;~~ ¡ r¡ f¡ ..,;' ìl' ,.:/ I'}~ ...__7 "j. I'·':;···:·,· . .~ 'S'. ) ~, :~~;t~; , ::~, "Î\4¡, :v"; tl.·:.·~····i.....:. . . " . '~,' . ~ 0; '~'. .;¡. ~ ~. . 1 ,''t.~ ,.-.... ~I?< ~, June 23, 1987 He stated that the error was not detected until after the rough plumbing and slab were installed. He advised that the slab encroaches the front yard setback of Lake Trafford Road by l2 ft. 4 in. Mr. Duane stated that no correspondence has been received from the adjoining property owners. He stated that Staff must recommend denial of the request because no land related hardship has been found. He also stated that, given the circumstances, there may be due con- sideration for granting the request. Commissioner Goodnight stated that Mr. & Mrs. Gamboa are building the house themselves and it would not be fair for the County to make them move the slab after approving it's placement. commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that the public hearing be closed. Commissioner Saunders moved, seoonded by commissioner Glass and carried 4/1 (Commissioner pistor opposed), that Resolution 87-l49, Petition V-87-8, Community Development Division on behalf of Victor Gamboa, requesting a 12 ft. 4 in. variance from the required front yard setback, be adopted. J ~ r.,_; 11tH, 1 j;t..; 'J~u ' ~ ¡, .: ì !! ¡', ' i " ".' : ;. ¡ . : I f. ,;"".' . ;, :.': <;'.' ('l'~ tAJJ. I . . . '. '. ; ¡ . 1 . Si - ~ . . t (... aDOK 105 PAG£ 254 Page 28 Tfl('¡ . Hj~ .' , ,~~ ¡I.-,j. ~.:' J(~2~ ."....,,,..,~...."'...,..""""",~."--_.- June 23, 1987 Item '7A2 PETITION V-87-9, COMMUNITY DEVELOPMENT DIVISION ON BEHALF OF RICHARD V. NICHOLSON, REQUESTING A VARIANCE FROM THE SIDE YARD SETBACK - DENIED Legal notice having been published ln the Naples Daily News on June 7, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a variance from the required side yard setback for þroperLy located on Marco Island. Planner Duane stated that this petition is being initiated by Staff and the property is located on the south side of Magnolia Court, approximately 200 feet west of Bald Eagle Drive on Marco Island. He stated the subject property is zoned RSF-4 and is a waterfront lot which exceeds the lot width and area requirements of the RSF-4 district. He said a one-story single-family residence and pool with screen enclosure were constructed on this site in early 1987. He said that prior to construction, building þermits were obtained for the house, screen enclosure and pool. Mr. Duane advised that the plot plans submitted as part of the building permit applications showed all structures meeting the setback requirements currently in effect, however, a subsequent revised site plan was submitted with a stairway width extension. He explained that Staff erroneously approved the revised site plan, and did not catch the setback encroachment of 1 ft. 2 in for the stairway. Mr. Duane stated that a letter has been received which was signed by 18 property owners, in opposition to this variance. He stated the aDDK 105 PAGE 258 Page 29 , ~ _._~."'"-">. -......... am 105f'Ar,t 259 June 23, 1987 letter cited that the work was done by a non-permitted and unlicensed contractor, they feel the setback was åeliberately ignored, and they are against variances, especially after-the-fact variances. Mr. Duane reported that two letters were received from Mr. Nicholson. He reported the first Jetter advises that the stairs were approved by the County, and is advising that if this petition is denied he will bp. requesting compensation from the County for the expenses which will be incurred. He said Mr. Nicholson also pointed out that the extra width is needed on the stairway to avoid the possi- bility of bumping into open awning windows. Mr. Duane stated that Staff acknowledges that the stairs were erroneously approved, however, they must recommend denial since no land related hardship exists. He requested that the Board also con- sider the extenuating circumstances to this case. Commissioner Pistor stated that this house has been an issue with the neighbors since last October. He stated his feeling that there is no need for the extra It ft. of stairs. He also noted that the way the lot is graded on the stairway side of the house will cause drainage onto neighboring properties. In answer to Chairman Hasse, Mr. Duane stated there is a utility easement on the west side of the property which runs along the pro- perty line, however, the stairway on that side of the house complies with the 3 ft. requirement. He stated that property owners are not penalized for easements within their property lines, however, there Page 30 ... - - June 23, 1987 are r~strictions. Mr. Raymond Stark, Magnolia Court resident, submitted pictures of the subject property. He stated that the work was done by an unli- censed contractor and both sides of the house encroach on the side yard setbacks, however, the County determined that the few inches on the west was okay. Mr. Stark stated that the neighbors are the inno- cent victims and it is not an isolated case. He requested the Board to deny this petition. In answer to Commissioner Glass, Mr. Stark stated they could not find an occupational license for Mr. Robert V. Scyler. He stated that is who built the house. Mr. Darrell March, Anchor Engineering, stated that he designed ,the stairs. He said there have been innuendos within this proceeding that he deliberately encroached on the side yard setback. He stated that it was merely a case of misinterpretation. He explained that with a 3' walkway and awning windows, it is difficult to walk down the stair- way, so they widened the stairs. He stated the revised plan was sub- mitted to the County and they did not stand over the person reviewing the plans. He advised that Mr. Nicholson has stated that if the encroachment has to be removed he will also have to change his windows and will seek compensation. In answer to Commissioner Saunders, Mr. March confirmed that Anchor Engineering prepared the plans and they have submitted other plans in Collier County. Commissioner Saunders stated that Anchor aOOK 105 PAGl 260 Page 31 ~.~ > . . ) ~ 105p,~~261 .. June 23, 1987 Engineering should have known that the extra width was a violation. Tape '9 In answer to Chairman Hasse, County Attorney Cuyler stated that if the Board determines that the stairs are in violation of the Ordinance, the County can have the violation removed. He said the fact that there was an error on the part of the Staff, if there was an error, should not make something legal that is illegal. He also stated that the owner of this property has an argument saying that he put the stairway up in good faith, expended money, County Staff made the mistake and their statements were relied upon, and therefore, the stairway should be allowed. He stated that he does not believe the owner will prevail on this issue. Mr. Thomas Crosson and Mr. L. J. Kubal spoke against the petition. commissioner pistor moved, seconded by Commissioner Saunders and oarried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Saunðers and carricd unanimously, that Petition V-97-9, community Development Division on behalf of Richard V. Nicholson, requesting a 1 ft. 2 in. variance from the required side yard setback, be denied and the peti- tioner is required to remove the 1 ft. 2 in. encroachment. Chairman Hasse requested County Manager Dorrill to look into the allegations made during this hearing. Commissioner Pistor requested that the drainage issue on this property be resolved before a Certificate of Occupancy is issued. Page 32 June 23, 1987 *** RBCBSS AT 1:00 P.M. RBCONVENED AT 2:00 P.M. *** Deputy Clerk Kenyon replaaed Deputy Clerk Kueter Item '7B1 RESOLUTION 87-150 RB PBTITION PU-87-3C, NORTH NAPLES PIRB CONTROL AND RESCUE DISTRICT, FOR A PIRE STATION ON 24TH AVENUE, N.W. ADOPTED Planner Duane stated this is a provisional use for a fire station on the south side of CR-846 and east of Oaks Blvd., which consist of 1.32 acres. He indicated that the CCPC held their public heàring and recommended approval Subject to stipulations. He indicated that one stipulation was changed to prohibit a driveway cut onto 24th Avenue, N.W. Commissioner Pistor moved, seconded by Commissioner Glass and carried 4/0, (Commissioner Saunders absent at this time), that Resolution 87-150 re Petition PU-87-3C, James L. Jones, Chief of North Naples Pire Control and Rescue District, be adopted sUbject to Petitioner's Agreement. '; ,; ~. ¡ ~ . ¡. :- ~ -¡ ~'~j';¡ f'·1. (~'rG .. ,'. ;, ',. . " ":",, ;11''1 I , ~, .' ' ¡' " "',, " " ,,' r . , .' " ',." :t .r¡ , I, " J,,:;íl ( : ~j' \ r ·i, ¡ 'i' '. ¡"n,;: {f'¡-p.. : ': ~ ;'~t; aOOK 105 PAr,r 262 Page 33 ~~,Ú' .:; ~\.) t. '"I".. , ". ":.1' JÒg;. ....~-~-,."""--.."._,...,....,,";_.- -- Î,!~ ;'; "'¡.h"',"..,;"'~,·"'.';, .... - :.. .,~.' ',' '¡,:: j, ,: , ,:,J~ 7 ~~ - '", / ' lOOK 105 pm 269 June 23, 1987 Item tBA MRS. MARGARET JOHNSON APPEALING NOTICE '1'0 ABATE A NUISANCB OF UNATTENDED GROWTH OF WEEDS, MARCO BEACH UNIT 10, BLOCK 345, LOT 7, BALTIC DRIVE - DENIED Building Director Magri stated that this is to appeal a notice to abate a nuisance of unattended growth of weeds under Ordinance 85-33 on property owned by Mrs. Margaret Johnson. He stated that the pro- perty was inspected on May 22, 1987, and found to be in violation, adding that Mrs. Johnson was notified on May 29, 1987, that it must be mowed and she is appealing because she does not believe that she is in violation of the ordinance. Mr. Alan JOhnson, representing Mrs. Margaret JOhnson, steted that he used a guage th~t showed 18 inches and set it on the lot and there were not any weeds that exceeded the height of the gauge. He noted that the lot is mowed about four or five times a year and costs $25.00 each time. He noted that he does not object to mowing it, but will do it when it is required. Commissioner Hasse questioned who complained about this property, to which Investigator Morad stated that this complaint was called in over the telephone and the person did not give their name. He noted t~at on May 22, 1987, when he investigated, he did find the weeds to be i~ violation and on June 11, 1987, he went back and took pictures of the lot and also measured. He indicated that he measured on the south side near the lot line and found that the weeds were in excess of l8 inches. Page 34 - - - June 23, 1987 Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that staff recommendation be upheld and the request to rescind the notice of abatc~ent be denied. Item f9A1 ADDITIONÄL TECHNICIAN AND PURCHÄSE OF EQUIPMENT TO UPGRADB AND EXPAND THE PLANNING DEPARTMENT TECHNICAL SECTION FROM TWO TO THREE COMPUTER-ÄIDED DRAFTING WORKSTATIONS - APPROVED WITH STIPULATION Community Development Administrator Pettrow stated that he is requesting the upgrading of the computer system and the need for a Graphics Technician II. He stated that in growth management and rezoning, the pace has increased rapidly and the memory of the present IBM computers cannot handle the jab and the time for regeneration of various data is considerable. He noted that he would like to upgrade to Compaq computers which is a 386 computer that will cost $21,000 for the three needed computers and a digitizer board. He noted that this would be the third digitIzer board in the graphics department. He stated that graph~cs has transitioned completely from the pen and ink to the electronic mode of drafting and digitizing. He stated that there was also a standby power SUpply and this has been investigated and there could be an internal hookup in this bUilding for $400 instead of what is in the Executive Summary for $3500. He noted that the annual cost for the Graphics Technician II, including salaries and benefits would be $25,300 and for the balance of this year, it would be $6,400. He stated that the total cost of this fiscal year including the capital investment for the computers is $30,925. He stated that Page 3S aD OK 105 pm 270 ~....-_...,,--""...,---- "---...-,_.".,,^- June 23, 1987 this was discussed with the County Manager and they were also looking for the best system that could be found, indicating that he would like approval of this request, deleting the power supply system other than the $400 connection. He noted that the representative of Digital Corporation has indicated that there is a Vax Station 2000 that may be far superior to what is being proposed and it may be faster and better with more memory, but the problem is that this system is not available for demonstration and trial usage until the middle of July. He indi- cated that he would like to seek approval of the request for the three Compaq computers, digitizing board, power SUpply hook-up and the graphics technician, but hold off on the purchase of the computers until mid July until the new Digital equipment can be examined. He stated that if it appears to be cost feasible and if they will improve the performance significantly, then he will come back after the Board's vacation with a comparison of the machines, but if it is found that they are not superior or cost feasible, then he would like to be able to proceed and go ahead with the Compaq computers that are requested in the Executive Summary. Commissioner Pis tor questioned if this brand new machine will have bugs in it that may create problems for the staff, to which Community Development Administrator pettrow stated that they will test it and will not purchase it without getting approval from the Board. He stated that if they are interested in this new equipment, they will come back to the Board after their vacation. 105 PAGE 271 Page 36 - .. - June 23, 1987 In answer to Commissioner Pistor, Mr. Pettrow stated that ,this system in itself will not help speed up the petitions, but the extra positions that they plan on hiring in the fall, hopefully, will cut the time down considerably. He stated that with regards to the fun- dings, the hardware and the staff person would be funded from the Genernl Fund and then repay that in the next fiscal year from the MSTD or the Community Development Fund 113. Commissioner Pistor moved, seconded by Commissioner Glass and carried unanimously, that the lUll-time position of Graphics Technician II and the appropriate bUdget amenðment be approveð; that the purchase of three Compaq 80386 oomputers be approved with the understanding that the Community Development Administrator can change his mind in the next couple of weeks with regards to purchasing these computers and the appropriate bUdget amendment in the amount Of $21,000 be authorized; that the bidding process be waived and one 24" X 36" G.T. Co. digitizing board with 16 button cursor at a cost of $3,200 from Florida Design Automation be purchased and the appropriate bUdget amendment be authorized; and the $400 power suPply hOOk-up be approved. Commissioner Goodnight stated that in looking at the reserves for contingency, there is going to be less than a million dollars left, adding that this really concerns her because if a disaster should occur there would not be enough money. Finance Director Yonkosky stated that with regards to loaning I' ,", r· ¡. t aOOK 105 PAGf 272 Page 37 , , ~ : . t !. aoot 105p~r.! 273 June 23, 1987 funds from the General Fund to the Unincorporated General Fund, a determination needs to be made if this is for a County purpose. County Attorney Cuyler stated that he will need to take a close look at this to be sure that there are no problems. Clerk Giles stated that the concern is that this is not for a county wide benefit. County Attorney Cuyler stated that he would have to check this, but he agrees with the concern of the County-wide funds being used for less than County-wide purposes, but he does not feel that there would be a problem with a loan. Commissioner Pistor stated that this is for the concern of the County, adding that the entire county is concerned with the Comprehen- sive Plan. Clerk Giles stated that the theory is that the planning function is to be paid by developers and others that pay planning fees and per- mit fees that live outside the City limits, and those people should pay for the equipment and services that benefit them. He noted that if it is county wide, it should be budgeted in the General Fund along with the growth management. Commissioner Pis tor stated that the County Attorney should look into it. Item f9:A2 RESOLU'l'ION 87-151 RE PETITION STD-87-2C, SHELL WESTERN E , P, INC., REQUESTING PERMISSION TO CONDUCT SEISMIC TESTING IN COLLIER COUNTY/ BIG CYPRESS AREA OF CRITICAL STATE CONCERN - ADOPTED Dr. Proffitt stated that this is a petition for Seismic Testing for oil in various parts of Collier County, including parts of the Big ·Page 38 - <i K f. -.-.----þ - "".~....._~,._,_.,. . '--'-~"'~'''''-^'''''''''''-;;'"'''''''''''''''''"~''''''-'''''''' ."-."..«",....,,. June 23, 1987 Cypress Area of Critical State Concern. He stated that oil explora- tion has been Occurring in these areas since the 1940's. He noted that they have been greatly bothered by a lack of data that would allow an objective determination of how many wells, roads, fill pads, pipelines, etc. could be handled in the Big Cypress National Preserve, the other wetland systems, and the Area of Critical State Concern. He noted that there has to be a threshold limit to it, adding that there have been studies done by various groups, but the information necessary to evaluate the overall cumulative effects of the eXisting activities, much less the effects of any potential activities, are not of a sufficient quantity or scientific quality to adequately evaluate the effects of these types of work. He stated that there is no objec- tive way to determine this at this time, but studies are needed and they should be commissioned by the oil Companies that are creating the destruction in the environmentally sensitive areas. Tape 19 Dr. Proffitt stated that the NRMD and the EAC adopted a policy that in the future any "ST" development. petition must be accompanied by a scientifically valid and comprehens've Environmental Impact S~a- tement that Covers all the oil related activities that the particular oil company has conducted in Collier County. He noted that as far as the current petition for seismic testing by Shell Western, there is no need for fill, pads, or roads for this activity, but staff has taken the worst case scenario that Over the next five or ten years, ,they aDOK 105 PAr.f 274 Page 39 -"--""'"^-""...,.,,-.-"". '---..--,"._,-~_.,", 105 pm 275 June 23, 1987 will find oil and want to be granted the same source of facilities that Exxon has now. He noted that they have applied for local, state and federal permits to conduct l40 miles of seismic testing of which about 45 miles is in Collier County, adding that some are wetlands, Some are zoned "ST" , anrl some are in the critcal area. He noted that another application will be forthcoming that includes work in the Big Cypress National Preserve itself. He noted that the blasting will probably cause very minor environmental damage if any at all, however, the activities will require crossing various wetlands and other habi- tats with heavy equipment. He noted that based on the stipulations contained in the Executive Summary, staff is recommending approval. He noted that the DNR will have inspectors with Shell Western at all times to watch what they do, adding that they have to keep written recorda of every shot and what happens to it. Mr. Tom Herbert, Consultant representing Shell Western, stated that the problem that arose in Collier County with regards to unexploded charges has been corrected since the Fire Marshal and the DNR have rewritten the rules. He stated that an inspector is now required to follow the expedition and keep a log book and an active survey of the locations that are drilled and loaded. He indicated that the ordinance that he is operating under at the County level parallels the requirements by the Fire Marshal and the DNR, adding that they feel that they have a program to insure that this situation will not happen again. Page 40 --...-..- , , '"(''' '., " ,.. ¡L ( iF.: r.,. ( June 23, 1987 Mr. Richard Braun, resident of Golden Gate Estates, stated that over the last 3 or 4 years, there have been numerous oil companies that hÐve asked for permission fcr oil exploration, adding that this is a very dangerous activity that is not needed in Collier County. He stated that DNR has stated that there will be no oil exploration south of Alligator Alley, adding that he does not understand why there should be any testing if there is not going to be any oil exploration. He noted that it is not needed and he would recommend that this peti- tion be denied. Dr. Proffitt stated that there are enough restraints that' have' been put on Shell Western and if there are any problems, they can be stopped. Commissioner Glass moved, seoonded by Commissioner Goodnight and carried unanimously, that Resolution 87-l5l re Petition STD-S7-2C, Shell Western E , P, Inc. be adopted Subject to the stipulations as incorporated into the resolution. - Q :! i ~ '('I I l' q:;,~L :;(j ~,"'~t~H: ~ - ; (jJ .t j' , "', t '; . . . : j ~. 1. ;."'J~;I ;:, L.J'f,J( 1 t.:",;\;" {d~1 n~n , .; I" .~ J "! '. BOOK 105 PAr,t 276 Page 41 , , i ~ , .. ì:. ; I .. L\j.'· . . ~ 105 PAr.~ 281 , 'I 'h.J June 23, 1987 Item f9BlO USER/BLASTER PERMIT BY SHELL WESTERN B , P, INC. TO CONDUCT SEISMIC TESTING USING EXPLOSIVES IN COLLIER COUNTY _ APPROVED Commissioner Glass moved, seconded by Commissioner Pistor and carried unanimously, that the user/blaster permit by Shell Western B , P, Ino. to conduct seismio testing using explosives in Collier County be approved SUbject to Exhibit "An. '. ,', I ~~J'.//" .1,. , P"', '. .. . ;'; .' ..-i'-.;. . "'<, ~ \~};>"'i\;:",::~ "-J, " " , ;"~:~ ;,",'.i ~\"!- c.. ',1 , , .'. Pðge 42 , , ~. ¡:, j ~ '.,. ..:.:,. .- he, - .'. _.~------- _...,'_.,_._-....""...,........"--"'-_.~..".."...',"'.. .~~, '. ...of. "" : ':"~ì~' :' :':;' r -'~' '~t? :,'~ ':f, "~ ", u~ aOOK 105 PAr.r 285 June 23, 1987 Item UBl A 5,500 SQUARE FOOT LIBRARY TO BE CONSTRUCTED USING THE COMPETITIVE BIDDING PROCESS AND STAFF TO RETURN WITH FUNDING PLAN Public Works Administrator Archibald stated that this is a report on some alternatives that the Staff has looked into in providing for the East Naples Library. He indicated that there is a parcel of pro- perty that has been given to the County and designated for use as a library site, adding that the site is adjacent to U.S. 41 and is approximately 7.8 acres in size. He noted that the County authorized the Library department to proceed with the design of a building and structure in order to provide an East Naples Library to serve the area for lO to lS years or until a better site for a larger library can be provided. He stated that the property owners of the adjacent land, The Lely Square Properties, approached the County and asked if they would consider a lease arrangement, whereby they would build the library, allow common use of the grounds and parking area, and have a number of other provisions that would include insurance, maintenance, and a buy-back. He reported that the staff of the real property sec- tion negotiated with Lely Square to work out the grounds for a lease to see if it is feasible or to see if it would be better for the County to proceed with constructing a bUilding itself and providing for a self-contained site. He stated that a lease was negotiated and calls for the developers to build a librarx at their expense with a footðge of approximately 5,500 square feet which would be part of the Page 43 - - - June 23, 1987 shopping center and there would be common use of the grounds and the parking areas and access. He noted that the lease was to be for 15 years with an extension up to an additional 10 years and the lease period took into consideration the size of the library to serve this part of the County. He noted that there were also terms that would allow the lease to be broken after a 10 year period and the annual rent was to be $45,000 per year and then gradually increase. He stated that in some of the out years, in excess of $65,000 per year would be paid for the lease. He stated that in order to compare that lease with the alternative of the County building the library, he made a series of economic analyses and it indicated that if everything is considered at present worth, the leased payments would equal the cost of building a structure, after 10 years. He noted that the present worth after 10 years would be approximately $330,000 versus $340,000 to construct a building. He ~tated that he does not feel that it is in the best interest to pursue this type of a lease. He noted that there is a provision in the lease to be able to purchase the library site at the end of the leased period with the condition that the purchase price be no more than $250,000. He stated that in every step of their anaylsis the same conclusion was reached, that it was not in th~ County's best interest to proceed or consider the lease for that site. He stated that this means that they are looking into designing a site and putting up a building, but the financing will have to be looked at in the upcoming years. He stated that he needs Bome direc- aD OK 105 PAG£ 286 Page 44 'OaK 105 PAr.1 287 June 23" 1987 tion as to which route would be recommended. County ~lanager Dorrill stated that if the County is going to keep this site, the County will have to move quickly because there are Bome reversion clauses where the property will revert back to the existing owner if it is not used within a predetermined time for use as a County annex library. He stated that the Growth Management Plan shows a large deficiency in library space and the County is going to have to move o~ this issue one way or the other. He noted that this parcel will a~commodate a 5,000 square foot building with the necessary on- site retention for water and the parking that is required. He stated that in the event that the County chooses the option of proceeding on their 'Jwn, then this will have to be incorporated into the capital improvement budget. In answer to Commissioner Hasse, County Manager Dorrill stated that the advantage of the lease is that the impact is spread out over the le~sed term. He noted that there are plans for a small retail commer,:ial project at this location, whether the County uses the space for a library or not. Commissioner Glass questioned if this site has a limitation on the height, to which Public Works Administrator Archibald stated that the PUD document restricts this building to one story. Clerk Giles stated that the dollar figures on the analysis do not quite portray the true difference because at the end of IO years, there will be a building that can be sold and then a new library could ~ Page 45 ,- -.. ... -",..""",,,-,<~.,~,;,,,",,,,,,.~.,<-,,,,,,,.._---_._..-----"-- "",.,"",-,,,,~,,",--"""'- """""''''''''''~'''--''''''''_'''''"---""",,,,..__.-..-,,. June 23, 1987 be built. Commissioner Saunders stated that it makes more sense to build their own building and own it, then it does to pay $50,000 a year rent. He stated that the appropriate thing may be for the County to build the building and finance it through whatever mechanism staff could come up with, but have staff report back at the next meeting on the funding source. Mr. Archibald stated that with the three year reverter clause, if it is valid, he will be pursuing the design of the structure as this was approved in May, adding that he will proceed as he was originally directed by the Board and at such time as he submits the capital budget, he will address the need for funding in the upcoming year. In answer to Commissioner Hasse, Public Works Administrator Archibald stated that the three year reverter clause became effective in December, 1985, when the land was transferred. He stated that there is some question as to whether the reverter is valid, but assuming the worst scenario, the County has until December, 1988, to design and construct. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that Alternative '3 of the Executive Summary, to construct a 5,500 square foot library usinq the competitive bid pro- cess, to own and operate the facility and to direct staff to come back at the next meeting with the fUnding plan for the library, be approved. Tape no Item f9B2 aOOK 105 PAGE 288 Page 46 -'..._-~... '""-"'~"""-"""".""^""~~"'"'-"-"~"""'."''''--_..-.,-- "-"'---""<-"~ ..,'" ';_"'''"'''''W'_'''',,,,,,,",~,.,_,~._., í· ": ¡, ~., ,.<.._--"......~~..~-~-~. aDaK 105 PAr.[ 289 June 23, 1987 SUPPLEMEN'l'AL AGREEMEN'l' WITH WILSON, MILLER, BARTON, SOLL , PEEK, INC. FOR PHASE II DESIGN SERVICES FOR VANDBRBIL'1' BEACH ROAD, JCT., OAKS BLVD. TO JCT. C.R. 951 - APPROVED Public Works Administrator Archibald stated that this request is to proceed with Phase II for the portion of Vanderbilt Beach Road bet- ween 1-75 and C.R. 951. He stated that currently the County has a contract with Wilson, Miller, Barton, SoIl & Peek, Inc. to undertake the first phase of the load design, adding that this particular pro- ject is a current commitment with the 1-75 project so that within a period of five years after the completion of 1-75, this segment is to be under construction. He stated that he would like to proceed with Phase II of the design which involves the final water management, the environmental permitting, and completion of specs for bid proposals. He noted that the amount is $91,393.00 and he is requesting that this be approved based upon a supplemental agreement to the existing contract with Wilson, Miller, Barton, SolI & Peek, Inc., realizing that there will be changes in the bonding requirements of the current contract. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that the supplemental agreement with Wilson, Miller, Barton, Boll & Peek, Ino. for Phase II design services for Vanderbilt Beach Road, Jct., Oaks Blvd. to Jet. C.R. 95l be approved. N:YlE: IXJCU.Em' N::1l' RECEIVED IN CLERK 'It) BOARD OFFICE AS JULY 16, 1987 Page 47 - .. '" ..,--"""----.-.~,- >"~,o..'"_. ~"" .. '">I _'__''''''_~''''''>'>O''''''''''~-''''''''_~'''''''~''^''''''=''''''__''_''.,'." June 23, 1987 Item f9B3 OPTION AGREEMENT WITH LELY DEVELOPMENT CORPORATION FOR THE PURCHASE OF A PORTION OFLELY BAREFOOT BEACH - APPROVED WITH CHANGES Real Property Management Director Carroll stated that this is an option agreement with Lely Development Corporation for 3100 lineal feet of a portion of Lely Barefoot Beach South, plus an additional 7 plus acres known as a passive recreation area. She stated that the option agreement will run through October 13, 1987, and the BCC will have a 90 day closing upon execution of the option agreement. She stated that if the option agreement is exercised on October 13, 1987, the County will have until January 15, 1988, to close. She noted that the County will have access to water, sewer and other utilities that are located in the Lely Barefoot Beach subdivision, and the County will agree to limit the hours of park use to between the hours of sunrise and sunset, and the County will agree to limit the number of parking spaces to 249. She stated that the option payment is $50,000. She stated that a revised option agreement was submitted this date which indicates some changes. She stated that the changes on Page 1 of the revised option agreement simply deals with wording; Page 2, the fallowing words were added: "so long as the additional purchase of $3,050,000.00 is paid by State or a combination of State and County' funds" . County Attorney Cuyler stated that these are changes received yesterday that have been suggested by Le1y for review and con- &OOK 105 PAC,t 290 Page 48 , ., ). ...... ~.,..,.._".J.__........,...""'.,_____..".....1>..",.,,",...,.~.."'.,,^. BOOK 105 PAo;l291 i: ; f .- " , ;);. ~;' ,; June 23, 1987 sideration by the Board. He stated that 90\ of the changes are what Lely Corporation considers clarification. He stated that there are a couple of items that are more than just clarification, but they will be explained. ~frs. Carroll stated that on Page 2, Paragraph 13, the fOllowing words were added: "on or before January lS, 1988." She stated that in Paragraph 4 instead of 90 days, Lely will submit all proper forms' within 15 days. She stated that on the top of Page 3, it should read the option money paid instead of all money paid; Page 3, Paragraph 5 states that "provided, however, said easement shall not extend to other streets shown on said plat", noting that this is to limit access to Lely Beach Blvd. only and staff agrees to this. She stated that the other aspect of Paragraph 5 deals with access, adding that staff is concerned that the County obtain permanent access to the property and this would be for use of the general public and Lely Development Corporation has assured the County that we will be granted the legal access that the County wants. She noted that it has been requested on Page 3, Paragraph Sa, that the word "only" be included so that it sta- tes that property shall only be used for public beach and recreational purposes. She stated that staff has added to the continuation of this sentence "and all uses reasonably related thereto", adding that the later clause would not limit the COIJnty as much as the word "only" would. County Attorney Cuyler stated thàt when the Board purchase~ this Page 49 - .. - ...,..__."._""--~_.""'""..,,-..- -'--~ June 23, 1987 property, there is the requirement that it be used for public beach and recreational purposes, adding that it cannot be sold or developed and this will be a requirement under the agreement. Mrs. Carroll stated that on Page 3, Paragraph 5B, it has been requested that the word "le~al" be added to "legal access". She stated that paragraph 5C deals with access rights, adding that the Board will be able to transfer rights tc transferees, successors, or assigns that the Board may deem appropriate. She stated that Paragraph 5D relieves Lely Development Corporation from their current obligation to construct the roadway down to the State property which is the southern property line of the Lely Beach SUbdivision, adding that their obligation would be to construct a road to the north pro- perty line and the County would then be responsible for constructing the roadway through the property. She indicated that on Page 4, Paragraph 5E, the following language was added to the end of the. paragraph: "and any damage caused as a result of installation of the Board's utility facilities shall be the responsibility of the Board, its agents or sUb-contractors." She stated that on Page 4, Paragraph 5H, the County agrees that access to the park will be limited to the number of parking spaces and at the time that the parking lot is full, access will be stopped and Lely wants the right to stop access at the entrance to the Subdivision at Bonita Beach Road. Cc'mmissioner Hasse stated that he has a problem with limiting the parking to 249 spaces. aOOK 105 PAG[ 292 Page 50 ---....--'-~,,;,""""""-,_.... aOOK 105 PAr,¡ 293 June 23, 1987 Mrs. Carroll stated that this limits parking spaces on the County property only which is 3100 lineal feet of beach plus the additional 7 acres, adding that the State may have additional parking spaces south of there. She stated that with regards to Paragraph 51, Le1y agrees to construct the identification sign to the park and it will be at the entrance to Lely Beach Blvd. near the intersection of Bonita Beach Road. She stated that they have requested that the word "sub-sign" be used, which is a sign that identifies the subdivision and then under that, there will be several small signs identifying the different developments. She stated that this is a concern of staff's as the sign may not be an adequate size, adding however, that staff has review approval of this sign. County Attorney Cuyler stated that on Page 5, Paragraph 6, it will end after the words "as required by Paragraph 8B" with the rest of the sentence being deleted. Mrs. Carroll stated that on Page 6, Paragraph 8A, it specifically sets the date for the closing; Paragraph 8B specifically references the seller's rights and the property and limiting those rights that are included within the property that is being purchased. She stated that on Page 7, the Board has agreed to provide the survey for the property which is in the process of being done at this time. She noted that on Page 7, Paragraph 8F, a change in wording has been requested stating that they will be responsible for taxes up until closing. She stated that also on Page 7, Paragraph 9, the date has Page 51 - - - June 23, 1987 been changed from June 23, 1987, to June 24, 1987, to give Mr. Klaas an extra day to sign the agreement as he is out of town this date. She reported that on Page 8, paragraph 9C, instead of referencing all money paid, the $50,000.00 option money paid is being referenced. She indicated that on Page 9, Paragraph 91, the Board agrees to hold seller harmless from any and all claims that may result from a claim or brokers commission whether disclosed or undisclosed. county Attorn~y cuyler stated that he would like to add a few words to clarify this sentence to indicate that this is what the claims are for. He stated that this option agreement gives the Board an exclusive option to purchase the property for the said amount of $50,000.00 up to the expiration of the option term, which is October 13, 1987. He stated that if the Board exercises the option to purchase, then the seller has the right to require that the Board purchase. Commissioner Saunders stated that with regards to Paragraph5F, the County has certain rules and regulations for County parks and those restrictions should be tied into whatever the rules and,regu1a~ tions are that pertain to the various parks. He noted that .with regards to Paragraph 5G, he does not feel that there should be a restriction on the parking spaces, adding that it should be developed as a park to the extent possible under existing County ordinances a~d state and environmental laws. He stated that he has no problem with access being restricted to the park, once the parking spaces are BDOK 105 PAr.r 294 Page 52 ::;'.; ! ': ,~...."._,-,... ....,..,."'.--...."".."'"..."--.",.,,,,,..""'..,...-",." ,oot 105 p~(',t 295 " "1 June 23, 1987 filled up. He noted that with regards to the last sentence on Page 9, he would like to have this clarified by the county Attorney. County Attorney cuyler stated that the point that was brought up is that the Seller indemnifies and holds the Board harmless from any claims regarding disclosure, brokers fees, etc. and they have asked that in return, the County hold them harmless for any brokers that claim they have had some association with the County and thereby are entitled to some fee. Mrs. Carroll stated that the last issue of c~ncern is the funding issue because this is an option agreement and the $50,000.00 will be forfeited if the County enters the agreement and does not exercise its option. She stated that the forfeiture will occur whether or not the State participates in the purchase. She stated that if the Board enters into the option agreement, funding for the whole project needs to be considered with the anticipation of State reimbursement, which is the worst case scenario. She indicated that with funding there are two issues, one whether or not the mechanism is available and second, is the amount. She stated that $1 million has been allocated toward the purchase of the property, but there are certain expenses that will be tied into the closing. She stated that she has requested that $11,500 be paid to the DNR to reimburse their appraisal fees. She stated that some outside survey help may be needed and if that is the case, Lely has agreed to put $2,000 toward the outside survey cost, but the Board would have to authorize an additional $l,OOO. She noted Page 53 - -- .un.. _ ... -- t.U· .."-,,,,;~".. ,.--~~."--,,."'~ . _)......"'''''"_..,,'_'''___'"''.c,~_'".~''''^'~,,·'''-<-..,,...,.,..".'·..;~''-''''''"'·,.··'" ~"""~",,,",---.-,,_._. June 23, 1987 that the miscellaneous overhead runs 3% of the total purchase price. She noted that the Board may wish to try and fund $2.5 to $3 million which would free up the initial $1 million to put toward projects for which it was originally budgeted. She stated that the recommendations are that the Board approve the option agreement with any proposed changes; that the DNR be reimbursed for their appraisals; that a cer- tain amount of money be set aside for surveying and miscellaneous overhead for financing and funding; ar.d that the Board authorize pro- ceedings for the funding so that on October 13, 1987, she can come back with a definite recommendation for the funding. Tape 111 In answer to Clerk Giles, Mrs. Carroll stated that the County has 6-1/2 months to work on the funding issue which should be ample time, adding that if the State comes through with their amount, then the entire amount will not be needed. Clerk Giles stated that the funding alternatives may consist of raising taxes. Commissioner Glass stated that the County could get a normal mortgage and guarantee it out of the general fund, adding that th~ property can be mortgaged. County Attorney Cuyler stated that he has not had a chance to get into the financing aspects, but the Board needs to be aware that there is not a set financing at this point and there mayor may not be several ways to finance this. MDt: 105t.. 'r 296 Page 54 ......_,_._____,---<...--"---~,."""'.^"'O, . ,. ""~" -~..~..._-~... 105 PAGt 297 June 23, 1987 commissioner Saunders stated that after vacation, the Board is going to have to know what the funding alternatives are, assuming that the state does not participate, because that funding will have to be in place and it may require a tax to be levied during the budget hearings for the acquisition of this property. Commissioner Glass stated that with regards to paragraph SD, he would like the date of June 30, 1989 verified in the PUD. He stated that Paragraph SG should be totally eliminated with regards to the parking spaces. He stated that he would like clarification regarding stopping access to the park. He reported that the County should be putting up their own signs, and the hours of the county parks should be incorporated into the option agreement. Attorney Jack Stanley, representing Lely Corporation, stated that in Paragraph SF, the reasons for the hours of sunrise to sunset was because that is what they were told the hours of operation were. He indicated that with regards to SG, the County plan showed 150 parking spaces and they added another lOO spaces on the plans that were in ~xistence. He noted that with regards to a sub-sign, it is a sign under the master sign. He stated that they do not want a sign that cannot be seen. Commissioner Pistor stated that it is supposed to be a compatible sub-sign to the mai~ sign, and Mr. Stanley concurred. County Manager Dorrill stated that if the County is going to spend $3 million on acquiring beach front and a park, he would recommend Page 55 - - .. ~.____""""'(""""""'",."".,.",;'''_''_'_M'''''''''''''''·'''_·''" '~,,"'7""""~"""'''''''' .. ...) ~:' ,~ ( ,~ . ,;,1 J .;~~ _J, .. ".,.".~-~--'--~'- ¡.:.'.... ,. ¡,f, fe',: ,f" . '. ':c,¡ -, June ,23, 1987' that the County put up a sign similar to, the signs at the community, parks. commissioner saunders moved, seconded by commissioner Glass and carried unanimously, that the option Agreement with the Lely Development corporation for the purchase of a portion of Lely Barefoot Beach be approved and the Chairman authorized to sign with the following chanqes: 1. That the date in paragraph SD be verified. 2. That paragraph ~I regarding the park sign be changed to read that the entrance sign shall be compatible and in accordance with other signs at entrances to other parks in Collier County. 3. That Paragraph SF regarding the hours of operation be changed to current County policy. 4. That Paragraph 5G regarding the parking spaces be changed to read that parking spaces will be built that are consistent with County codes. '., '^ , . , (Î." ì. . ~', ~ _ l. ' " :"(. i /, >. r. ~\ fl'l# r.;.:"'=-ln~".(".J:J o~ t:ì'"'!J " , .~ '. '._ ,~~q t.t"! .. n i ;, , . " _ ":. "'t;~'G ~Wì ...'q,;"ç It! ¡!~_ ,:';',~. _;Jt'\"J.{1'(1';l, :¡;';:}l; ',j:' '( "'~·i"·;r, £:1') ~~:~Irrz~ t 'tt: ~ ~ : \ i . ~, ; 'J >J~: r'; np; \1 b'at' u¡:t~c,;· .' ' i'~ìl'~ ,/:~. ",L.j ~-' W"'!!'ln .. \ ",,; ,'4 . ~~ge.56 &OOK 105 PAGt 298 "t· ~, ~', .', , 1.-!~ '.. " ~ ; (,: ~~:::.,~,.,- ~:~ ~\ ~..+."'"-_.._- -,. '-' ;. 1 !' ; ~~ "/ ,__. , " ), \ ,,! ;'1: 1 f)" , , . ¡ 't' ""'" ',:';; ~~ :n' 1 ðH \ il ti ;& ;fi "~ _......~<__.....___........~~,.._.__M_" June 23, 1987 ***** Recess: 3:45 P.M. - Reconvened: 3:50 P.M. ***** xtem '9B8 EXCAVATION PERMIT NO. 59.251, "SUNNILAND MINE", APPROVED WITH STIPULATIONS Public Works Administrator Archibald stated that this request is for a mining operation that is located south of 1mmokalee and east of S.R. 29, adding that this operation has been in existence since 1955 and has served the State and County road systems. He noted that approval is needed for 16 specific areas which includes approximatelY 500 acres, adding that this petition was reviewed by Water Management and recommended for approval subject to a number of stipulations. He noted that the applicant will still have to apply for permits from SFWMD and DER. Attorney Dudley Goodlette, representing Sunniland Mine, stated that this petition is being recommended for approval and his client has agreed to the stipulations. County Manager Dorrill stated that he waS requested to move this from the Consent Agcnda to the regular agenda because there was a question with regards to the amount of cubic yards of fill that would be removed and the elevations of this site. Public Works Administrator Archibald stated about lOO,OOO cubic J 'yards is usually the constraints put on a project this size and would depend on the demand, adding that the construction of 1-75 may demand more material. He noted that staff and WMAB are satisfied with )' ~. 'r ~ ¡, 1,)'. ì , aDOK 105 W.! 312 Page 57 . "'-'"'-'''--"''''-'''''-~---'---'';-''''''-''''-''-"-~'''-'---'''''''..-,^_.,^., ! { ,- " ¿..) 105 PA(;[ 313 June 23, 1987 q~.,;;" 1,:/ the elevations. County Manager Dorril1 stated that this is an on-going excavation and they shall not exceed the depth in the pre-determined areas. commissioner Goodniqht moved, seconded by commissioner Glass and carried unanimously, that Excavation Permit No. 59.251, "Bunniland Mine", be approved subject to the following stipulations: 1. The exca~ation shall be limited to a bottom elevation of -21 ft. msl. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of +9 ft. ms1. :.~ . 2. Excavation side slopes shall be graded at a slope of 3 feet horizontal distance to 1 foot of vertical drop from the top- of-bank to a "break-point" at least 8 feet below mean annual low water level. Below this "break-point", slopes shall be no steeper than 0.5 to 1 if rock is encountered throughout to the bottom of the excavation or 2 to 1 if non-rock, loose material encountered at any point below the "break-point". 3. The Applicant shall provide written statements verifying pro- ject approval or waiver of jurisdiction from the Florida Department of Community Affairs regarding "Area of Critical state Concern", Florida Department of Environmental Regulation, U.S. Army Corps of Engineers, and the South Florida Water Management District (for both Surface Water Management and Water Use Permitting). 4. In accordance with Ordinance No. 83-3, Section 7.D.6, the applicant shall provide written statements from the planning and zoning Director that the excavation does not conflict with the comprehensive Plan or land use regulations adopted pursuant thereto. s. The Applicant shall provide written statement of approval of the proposed mining operation by the Collier County Natural Resource Management Department and/or Environmental Advisory Council. 6. As required by separate ordinances, the Applicant shall also obtain blasting and tree removal permits for allf.uture exca- vating operations. . 7. Applicant shall comply with all requirements of the 1986 Resources Extraction Reclamation Act as administered by the Page 58 ;;.. .. .... '-'of ,\ .<:1 :~~&'; "'f "\ .-,}~ :¡, ,·1 ~.~ _H__ß' - - ~,-,,-",.,.. .' ._....._,_,æø__·_-""""..·"""· 1987. June 23, 1987 Florida Department of Natural Resources, Bureau of Mine Reclamations. 8. Applicant shall provide proof of all required approvals, per- mits, waiver of jurisdiction and a $3,000.00 permit fee (requirements for a performance guarantee are waived) to the Collier County Water Management Director before a permit to continue to operate is issued. If said requirements are not met by July l, 1988, all mining operations, excluding removal of material from site, shall cease. Extensions to the deadline must be approved by the Doard of County Commissioners. Item f9B5 BIKEPATH PROGRAM UP TO $125,000, PER BID '87-1110 _ APPROVED Legal notice having been published in the Naples Daily News on May 28, 1987, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for bikepaths until 2:30 P.M., June lO, Public Works Administrator Archibald stated that he needs approval to proceed with the bikepath project up to a certain amount if certain conditions exist which would be that there was an obvious low bidder that staff could recommend. He stated that he would like to be able to undertake the first few projects on the priority list during the Board's vacation. He noted that these bikepaths would serve the new community parks. He noted that the contract would be brought· back to the Board after their vacation, but the project needs to go forward at this time. Commissioner Goodnight moved, seconded by Commissioner Pistor and "',-. '¡- carried 4/0, (Commissioner Saunders out of the room), that the imple-' ...... .~ f~ F\ ;, y /\:ll ~ ;aoox 105~1"Æ314 Paga 5' ~" J <. .f'~-" ~ j ,f ': $ '? ! ~_~ ,'..' ') n',!; ~ (:.... . j T ') ~ '!f .. .,...~,,,,,.._....,~-, -.......,----,-.""·~"·..·,,,,·."."'4 r aoax l05f'Jf.:315 June 23, 1987 mentation of the bikepath program be approved and the county Manager be authorized to approve a "Notice to Proceed" via a purchase order up to an amount of $125,000 8ubject to approval and return of final contracts to the Board in August for confirmation and approval. Tape '12 Item f9B6 BID '87-1111 FOR A REPLACEMENT SINGLI ÐROM VIBRATORY ROLLER _ AWARDED TO H. F. MASON E UIPMENT CORPORATION IN THE AMOUN'l' OF 48 150. Legal notice having been pUblished in the Naples Daily News on May 15, 1987, as evidenc0d by Affidavit of Publication filed with the Clerk, bids were received for a replacement single drum vibratory roller until 2:30 P.M., June 3, 1987. Public Works Administrator Archibald stated that this item deals with awarding a single drum vibratory roller for the Road and Bridge section. He stated that to repair this machine would be very expen- sive and the life of the machine would still be short. He noted that bids were received and staff is recommending that a drum drive unit be purchased, which is the type of unit that is most efficient in doing the job that is required. He noted that this will be involved in not only bUilding the subgrade of the limerock roads but also the base. He stated that in looking at the list of those that bid, the low bid was H. F. Mason and is the recommend4tion of staff in meeting the County's needs. He reported that the specifications were quite involved and almost all the machines on the bid list meet the specifi- cations and are able to do the work. He stated that a representative .. ~ i [ ~"..' Page' 60,;, , ) - .. .. ....."'.,._",.....,""""',."._-=-~......,"-- .~""'.,;..._---.."'; ,._~..""-""",-""",,,.,.- June 23, 1987 of one of the competitive bidders had some questions in regards to the low bid being a machine in current production. He noted that staff has taken a look at all the machines that have been bid and par- ticularly, the two types of machines bid by H. F. Mason, adding that both machines are very similar, the engines are the same type, and the drive tranes are essentially the same and there is some question as to whether or not it is in current production. He stated that the bidder has confirmed in writing that this is a current model and the produc- tion of it is being relocated from the United States to England. He stated that the unit that he is recommending is currently in stock at the dealer and is available for delivery upon the approval of the BCC. Mr. Lonnie Strickland, representing Tri-w Rental, stated that he has a letter that indicates that the Model Ingersoll Rand SP-56 is no longer in production and according to the bid specifications, the County requested that the model shall be the newest and manufacturer's latest model and shall be in current production. He noted that this unit has not been built since 1986, adding that the Model SP-lOO has replaced the Model SP-56, and H. F. Mason bid the Model SP-IOO as $66,050 and the SP-56 was bid at $48,150, adding that this is an $18,000 difference in the roller. He stated that he does not believe that this a current 1987 roller that is in production. Mr. Archibald stated that the bid submitted by H. F. Mason confirms that this is a 1987 model, adding that the production may have been in late 1986 and it does meet the County needs. He stated that he looks Page 61: aoax 105 PA'.: 316 _._,.,....... 105 pm 317 June 23, 1987 for the drive trane that is comparable between the SP-56 and the SP-IOO, adding that there are slight differences but the components are available for repair and are compatible with a lot of other units. He noted that he has a letter from H. F. Mason confirming this. Mr. Strickland stated that he ia the distributor for the Dyna-pac compaction equipment in Collier County and Lee County. He stated that he believe that this unit was produced in 1986 and has been sitting around for some time, aåding that everyone was advised that they would , bid the manufacturer's latest current model in production. He stated that there is also another bid that is lower than his, adding that he would not be next in line for the bid, but everyone had to bid current models. Mr. Archibald stated that both machines are fUlly acceptable and meet the needs of the County. In answer to Commissioner Glass, Mr. Archibald stated that during the pre-bid meeting, it is always indicated to bidders that they sub- mit bids for machines that they may have on the showroom floor if they meet the needs and there is substantial savings. Mr. Archibald stated that the next low bidder was Great Southern, adding that the machine that they bid was also a Dyna-pac machine and their bid price was only $350 more than the bid price submitted by H. F. Mason. County Manager Dorrill stated that Florida law provides that Counties bid items related to certain road construction, adding that Page G~' .. -.. ... June 23, 1987 the County has a very good purchasing pOlicy that has just been adopted. He noted that all of these bids are obviously new units that are considered to be 1987 model year, adding that if the Board has a particular concern as to whether this 1987 model is currently in pro- duction, they can spend another $350 and buy the other machine from the second low bidder from Tampa. He stated that the staff's recom- mendation is to purchase the low bid item from Ft. Myers for $48,l50. He stated that the machine in Ft. Myers is an Ingersoll Rand machine and the other machine is Dyna-pac machine, adding that the only other problem he has is, that since Mr. Strickland also sells Dyna-pac, he may be assuming that he will get warranty work instead of the County hauling it to Tampa. He noted that if Tri-W Rental is the only authorized service facility in the area, he may have an interest in the County purchasing the Dyna-pac machine. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that Bid '87-111l for a replacement single drum vibratory roller be awar~ed to H. P. Mason in the amount Of $48,150. Item f9B7 EXCAVATION PERMIT NO. 59.282 "NAPLES ISLE" - APPROVED WITH STIPULATIONS Public Works Administrator Archibald stated that this is an exca- vation permit for Naples Isle, which is located north of U.S. 41 and 2 miles east of C.R. 951, to enlarge an eXisting lake from 24 acres to a total of 30 acres. He noted that ft has been reviewed by Staff and WMAB and recommended for approval. He noted that this is ~,' l t '.V' < Page 63 aOOK 105 ~1':! 318 .,.--'"'---- _._..........,"~-_..,~_...- "-""_'._-~","_...., 105,m319 ~ ~ ; ~ . "I 3 i _." of ~ j _, .; " , June 23, 1987 part of a future development that will end up being reviewed for a number of other reasons, but this permit is only to enlarge that one lake and no material will be removed from site. Mr. Steve Gunden, of Wilson, Miller, Barton, SolI & Peek, Inc., stated that this property is zoned MHSD and was initiated several years ago and had been permitted for water management requirements in 1982. He stated that the current owner js interested in reactivating the project and part of the requirements involve excavating the lake for an additional 6 acres in order to meet water management require- ments. He stated that he agrees with the stipulations, adding that the lake has to be increased according to Collier County and the SFWMD to provide for detention and storage. Mr. John Keschl, resident of Westwinds, stated that he would request that the Board hold off on any decision on this matter until after their vacation in order for the people of Westwinds to meet with the developers of this project. He noted that there are many questions that the people of Westwinds would like answered with regards to drainage, the number of units planned, and the sewage treatment plant. Public Works Administrator Archibald stated that this request simply has to do with the excavation of the lake and anything else will have to be brought back before the Board for approval. He noted that there is a provisional use being processed for the sewage treat- ment plant and there is processing involved with regards to the page,64,,, , , ,,;....\ - ------.....-. -,._-_.~-_. .. June 23, 1987 planning and platting, but these items will come back before the ace at some later point in time and that is the most appropriatetime.to address the concerns. Mr. Gunden stated that they have expended time on two different occasions before the WMAB to hear varicus stipulations. He stated that he feels that all issues have been resolved, and they are nct ready to put this request off for another month. He noted that they are preparing final design drawings for this first phase and they would like to submit these drawings as there is also approval by other agencies required. He noted that they would like to begin nego- tiations to start the excavation work in order to meet their time- tables to have parcels available for sale during season. In answer to Commissioner Pistor, Mr. Gunden stated that they have to correct the side slopes of the existing lake and also to excavate an additional 6 acres of the same lake. He stated that there is an adja- cent parcel for which the provisional Use application has been sub- mitted for the sewage treatment plant site itself. He noted that it is a 20 acre parcel and he is requesting provisional use on less than half of that for a sewage treatment plant site, but this has nothing to do with the excavation of the present site. Mr. Chester Dobeck, resident of Westwinds, stated that he does not have any problem with the excavation of this lake, but once this is done drainage ditches are going to be dug and then a canal that will ri. < j.' ;";"¡.. be adjacent to Westwinds. He noted that they also plan on dumping I: . ," Page 65 .". . t ., .~ .. .~!' \ BODX 105~q320 '~'~'''''""""-'.-''''''''''''~'''''~'''"'''¡':_''='""'-'.""''~''''- aDaK 105mr321 1 ¡ , i " '" June 23, 1987 water into the canal along U.S. 41, adding that this has him con- cerned. He noted that because of the flood code, these homes will have to be built at a higher elevation and Westwinds will be flooded. He noted that they would like another 30 days to discuss this matter with the developers. Tape '13 Public Works Administrator Archibald stated that the excavation is going to be a plus because it will mean less water running off and staff supports the idea of going ahead with the excavation. He noted that when property is developed and the grade raised and then water is drained onto someone else, there is a problem, but as long as they contain their water, ther~ will be no problem. He noted that in this case, they will have a lake system to drain into and also a perimeter system to contain the water. Mr. Gunden stated that the concerns that are being expressed are for items that will be before various boards for approval in the future. He noted that he does not see any reason to hold up this excavation permit at this time. Commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that Excavation Permit No. 59.282, Naples ISle, be approved subject to the tollowing stipulations: l. The excavation shall be limited to a bottom elevation of -7.0 ft. ngvd. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of -4.0 ft. ngvd. 2. No excavated material shall be removed from the project site. 3. Where groundwater is proposed to be pumped during the exca- vating operation, a Dewatering Permit shall be obtained from , , Page 66 ) 1 ,;. .. .. .. --....'~, '··"..···-'-^~,....~'''.~.~_'''~.n___-...._."." .-.""""_._~,---~"'_.,_.."... "'~'""'---_"''''ft''''''''''-,_ w.o..... ·....""","·''''''''"....··,''''"''-,<¡·-....."...,·-___...w·., the South Florida Wat~r Management District and a copy pro- vided to the Water Management Director for his approval prior to the commencement of any dewatering activity on the site. 4. No Building Construction Permits will be issued for any pro- posed construction around the perimeter of any excavation where the minimum clearance between lake top-of-bank and the proposed bUilding foundation is less than 30 feet, unless and until all lake side slopes adjacent to the proposed construc- tion have been completed and approved by the Collier County Water Management Department. S. The work authorized herein shall include the regrading of all eXisting lake slopes to comply with the Ordinance and the Final Report shall include crass-sections of these slopes to verify such compliance. 6. Issuance of this Excavation Permit shall be deferred until: A. S.F.W.M.D. has approved modifications to existing Surface Water Permit No. 11-00191-s and issued a construction permit for project revisions that include: (1) Proposed revisions to layout of unit lots. (2) Provisions for a 30 ft. drainage easement along the entire US-4l frontage and along the common boundary with the adjacent Westwinds Condominium Project. (3) Modifications to the prOject's water management faci- lities that incorporate: (a) Compensation for loss of historical basin storage (Q25 flood level of 6.1' - Ave. grnd. of 5.5'=0.6') (b) Limiting discharge from site to bleed down quan- tities not to exceed 0.06 cfe/acre. (4) Satisfaction of S.F.W.M.D. Permit Special Condition No. 11 concerning assurance of availability of a public water supply. 7. Construction on this project shall be limited to Phase 1 only (Approx. 120 units). Any additional construction in future phases shall have prior approval of the Water Management AdVisory Board. June 23, 1987 'Jj~J .., "--~','f.. '-":' ~:1' ~ ~. 'þ ,~- ,',;t~.. 'l-~Y "'.'...1.. .,~'~ ,fl ',~;; !tem.f9B9 I; .-," :~" . " ... . J~' ~",' " 't .' :;; :;. t.LI) In: ,I ,::;:,'¡:;IL1,1(¡~1' ¡~J'..' .:" Pagê' '61 ': ~DnK 105 Nr.~ 322 ,...._.'''-~--_.,., .....~._,-....,..";..,,,- '-"»'''-''~'';'-''-'~'''~-- ""'__;·.110_·~.·.,< "-~"'--'-""-;'''~;'---_....,,,.,..;. '-·'··...··-····-·,',·,;··,·..,,,,·.···,....,·....".e" 105P1~r 32:1 June 23, 1987 APTER-THE-PACT EXCAVATION PERMITS FOR JACX QUEEN CONSTRUCTION, INC. NO~ 59.209 AND 59.213, IMMOXALEE/LAKE TRAFFORD AREA _ APPROVED WITH STIPULATIONS Water Management Director Boldt stated that this issue involves two after-the-fact excavation permits for Jack Queen Construction, Inc. for two pits located in the Immokalee/Lake Trafford area. He stated that these pits were excavated over the last couple of years. Commissioner Pis tor stated that staff has recommended that the fee for one permit be $22,OúO and the fee for the other permit be $7,500 and yet, the final recommendation is that he be charged $12,000 with $6,000 being refundable upon completion. He stated that based on this recommendation, he is not being penalized at all. He noted that he would like to know why the $22,000 and the $7,500 is not being charged? Water Management Director Boldt stated that this was a big item of discussion before the WMAB and this was a compromise that was reached. He stated that his recommendation was ior higher figures, but there is no basis for it within the ordinance. He stated that the WMAB felt that the charge is basically triple damages which is what most of the after-the-fact permits are charged. Commissioner Pistor moved that the Atter-The-Fact Permit Nos. 59.209 and 59.213 for Jack Queen Construction, Inc. be approved, but that the tee be $22,000 for Permit No. 59.209 and $7,500 for Permit No. 59.213. Attorney Larry Martin of Vega Þ.~own, Stanley, MartliJ & Blackwell, ~ " : , . Page 68 - .. - ~··""··---'-'---"'<_"r ". -,,,,,,,".,,,,..>,,,,~_. - .. - June 23, 1987 stated that Ordinance 83-3 does not provide for a penalty, adding that it provides that for the first 2,000 cubic yards excavated, it shall be $50.00 and for each additional 1,000 cubic yards of excavated material, it shall be $2.50. He slated that if the figures of staff are accepted as being correct, the proper fee would have been $600 if the fee was sought properly. He noted that since there is provision in the ordinance for extracting a penalty under these circumstances, he felt that as a matter of compromise they would voluntarily pay more than the law allows in order to get the problem resolved and behind them. He noted that in addition to the penalty, Mr. Queen will imme- diately get the land restored to the condition that would be accep- table to the County. He noted that what was worked out was a reasonable settlement. Commissioner Goodnight stated that there have been problems in the past due to the fact that some of the people in Immokalee did not understand the proper procedures. She noted that Mr. Queen has been excavating for many years to help build homes. She stated that Mr. Queen donated all the fill for the Tri-County Senior Citizens building, and therp. are other things that he had done for the Com- munity. She stated that she feels that a good compromise has been reached and Mr. Queen will go through the proper channels from this date forward. Mr. Martin stated that Mr. Queen is trying to restore the site and' not do anything further with regards to excavating. He st'ate:dtháti't :f" ";' " 80D~ 105n,:: 324 Page 69 ; : --~-- --..._,--,."".-,",-".= eODX l05Ðí.r325 June 23, 1987 > -j - ' - has to be put into a condition that,is'acéeptable to the County with regards to the specifications and requirements. Commissioner Pistor stated that he will withdraw his motion as Hr. Queen has agreed to pay a penalty and restore the property. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried 4/0, (Commissioner Saunders out of the room), that Excavation Permit Nos. 59.209 and 59.2l3 for Jaok Queen Con~truction, Inc. be approved subject to the following stipulations: Excavation Permit No. 59.209 l. Setback Requirements - Variance be granted subject to fencing in accordance with Section B.D of the Excavation Ordinance. 2. Side Slope Requirements - Slopes on north, west & south sides be accepted but require resloping on the east side to a mini- mum of 3:1 with all excavated material leveled in place and not removed from site. Said remedial work to be completed by September 1, 1987, and confirming "as-built" cross-sections provided fer approval by October 1, 1987. 3. Permit Fee - Jack Queen Construction, Inc, be assessed for the total material excavated a fee of $12,000 (Staff had recom- mended $22,000) of which $6,000 will be refundable upon completion and approval of Item No. 2 above. Said fee to be due on or before August 1, 1987. Excavation Permit No. 59.2l3 l. Permit Requirements - By September 1, 1987, Mr. Queen be required to submit a conceptual plan acceptable to the Water Management Advisory Board for the restoration of this incomplete excavation. All approved remedial excavation and site restoration shall be completed by January 1, 1988, with materials excavated to remain on site and leveled in accordance with approved plan. If said action is not completed by January 1, 1988, this petition will be brought back before the WMAB/ßCC for possible further penalty. 2. Permit Fee - Jack Queen Construction, Inc. shall be assessed a fee of $2,000 (Staff had recommended $7,500) for total materials excavated at this site. Said fee to be due on Or before January 1, 1988. r·.": : J, ¡ ; , P~ge:'7Ó' ",\\ ~Jqq:~,'J'(,~¡~J{ .:' 1'0 ...., \ . : 'ff_,) ..\ - - - ---_.,"-,~,..,'~,-_._--_."-_..._".~, ...... ztem f9D1 PAYMEN'l' AUTHORIZED TO SE~BOARD PROBE IN THE AMOUNT OF $50,197.54 FOR EMERGENCY REPAIR AT lllTH AVENUE AND VANDERBILT DRIVE (UTILITIES) Wastewater Director Clemons stated that this 'item was brought back before the Board due to cost overruns of the estimated price, adding that after consulting with the County Attorney's office and in view of the invoices, the County Attorney's office recommends the full payment of $50,197.54 for the emergency repair to Seaboard Probe. Commissioner Pistor moved, seconded by Commissioner GO~dnight and carried unanimously, thut the payment of $50,197.54 to Seaboard Probe be authorized for the emer1ency repair of the manhole and sewage gra- vity line at 1llth Avenue and Vanderbilt Drive. Item t9D2 STAFF TO SOLICIT FOR PROFESSIONAL ENGINEERING SERVICES FOR TRE EXPANSION OF THE NORTH COUNTY WASTEWATER TREATMEN'l' FACILITY Utilities Administrator Crandall stated that this item and the next item are similar and both are in the planning stage for the pre- paration of the budget, adding that he has proposed' in the i~87~88 budget fees for engineering services for master planning and expansion of the north sewage treatment plant., He. stated that in prepar~tion for. this, .he ~ould like to get the propo~a1.s: C?u~"for,.elJgif.1~e~~ca1;1~'') have.. it short listed in order for .it, to, be availabl~".tor;~þ~,BP~fd~J:.J'r after-their vacation. '" Commissioner Pis tor moved, seoonded by Commissioner Goodnight and carried unanimously, that staff .olicit for profe..ional engineering L, ~ \'~; ~',,~. ,,;',i. f.,',:ri·~:~·~,t),;· .' r r:· , ."., "', \ f:··, .' .,¡¡d, .... ~ '~t)t Paqe 7 . , . 8DDK 105~q'326 ,.,-,µ-",........,".."'...,-'''',._"..,._- - ,.".""...,"...""',.""-".....,....,"'''",.~...;,-,,,."'''',,...,. aoox 1051'1.:'! 327 : I'" ~ l.t ~ ") <' . ' ..".~ June :23, 'Ì987 services for the expansion of the North County Wastewater Treatment Facility. :ttèm '9Di STAF~ TO SOLICIT FOR PROFESSIONAL EN~INEERINQ SERVICES FOR '!'HE PREPARATION OF THE NORTH COUNTY SEWER MASTER PLAN Commissioner Glass moved, seconded by Commissioner Goodnight and carried unanimously, that staff solicit for professional engineering service. for the preparation of the North County Sewer Master Plan. Item f9D4 BID #87-1098 FOR '1'HB CONSTRUCTION OF THE NORTH COUNTY WATER TRANSMISSION MAIN PROJECT - AWARDED TO METRIC CONSTRUCTION IN THE AMOUNT OF $5,428,292.20 Legal notice having been published in the Naples Daily News on May 17, 1987, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid #S7~l09a for the construction of the North County Water Transmission Main Project until 2:30 P.M., May 28, Î987. rG;~tllities Administrator Crandall ~tated that this i~~m i~~f~r ~h~ water main for the North County, adding that very good bid~ ~eie ' received. He stated that he haå estimated that this project would be about $2 million higher than it actually turned out to be. He stated that it was very competitive and there was a good response, adding that they had 12 good bids. He stated that Metric Constructors of Jacksonville, Florida, had the low bid. He indicated that this bid is for approximately II miles of 48 inch, 36 inch, and 30 inch waterma!n ., , , > II"! I " .'~ ;', ' ;., ,,':: ·:é.(~¡,· . ' 'page 72:"1' - .. - ··_-"",···_·.....·~,-'...~"""'"'_..._..,.,,"~..c...,,_...-..""" 111'. d-.""'_______",,__ -'-"""."-' "'-.-__.""'Æ'.."""..'.......""''''.,,_..N' i··.·····.·:..'.·..··..· .\'". -. , " oj ~~' .:¡ t' ~i Þ June 23, 1987 to serve North County, adding that because of a new tax law that'will be effective July l, 1987, this was mentioned in the bid. He stated that he feels that there was some cortfusion in the bid process as to whether this was clearly understood. He stated that the Finance Department has some concern as to how it will affect this particular bid, but these concerns will be resolved while the Board is on vaca- tion. He stated that he is asking that the BCC award the bid in the amount of $5,428,292.20 to Metric Construction and allow staff: the County Attorney's office, the Utilities Department, and the Finance Department to determine the ramifications of the 5% tax and be pre- pared to pay, if' necessary. Commissioner Pistor stated that if the County contracts to have the work done, he feels that the County is tax exempt. Mr. John Yonkosky, Finance Director, stated that in the new sales tax law, the Glitch Bill, it states that the County is going to be required to pay sales tax on 50% of the contract price for all County' construction projects with the exception of road and transportation projects. County Manager Dorrill stated that until this is verified through the Fiscal Office, a change order will not be proposed to increase the contract award price. Commissioner Glass moved, seconded by Commissioner Pistor and carried unanimously, that Bid '87-1098 for the construction of the North County Water Transmission Main Project be awardeð to Metric Construction in the amount of $5,428,292.20. ,~ ' ,~. '. . ~ .,1 '.- . " ¡ ;. lOOK 105 Plt;t 3"28 Page 73 "'('I, f, . ï (')') , ':'" ·f..t..: 'lJ'",- ,....'"'.<.....,.,"'*..y.,,""~,.._-.. -----.. ,.-"...~._-----,_.."'''''''~-''''''..~''''"...."...,'''''''-'''~'''><''',."'',- .",,,,.- aDaK 105,,~r,f 329 June 23, 1987 Item UD5 PORTION OF A CONTRACT WITH HOLE, MÒNTES , ASSOCIATES, INC. FOR THE DESIGN OF THE EAST AND SOUTH NAPLES SANITARY SEWER COLLECTION SYSTEM _ APPROVED Assistant Utilities Administrator Arnold stated that this item is for approval of a portion of a conträct with Hole, Montes & Associates, Inc. for the design of the East and South Naples Sanitary Sewer Collection System. He stated that the selection process was done in May and the BCC selected Holé, Montes & Associates for the engineers for this project, adding that he had hoped to put together the contract prior to the Board summer vacation, but due to the complexity of the contract and the involvement with assessment and methodology, he has not been able to do that. He stated that he does want to proceed with the aerial Photography and the ground surveying related to the aerial photography as soon as possible. He'stated that the intent is to come back with the entire contract after vacation, if the partial contract is approved this date. He stated that this par- tial approval will be rolled into the design services. He stated that there were two issues on the contract regarding the indem- nification clause and the insurance requirements that had not been resolved, but as of this date, the two matters have been resolved and has been approved and reviewed by the County Attorney'S office. Commissioner Pistor moved, seoonded by Commissioner Goodniqht and carried unanimously, that the portion of a contract with HOle, Kontes I Assooiates, Inc. for the design of the East and South Naples Paqe 74 . - -- - --_.""""..~ .. -. "-. --- --.-----..-.-- --.- June 23, 1987 sanitary Sewer Collection System be approved and the funds to,:~~me, from the Utilities Contingency. '" ',' , ·1 . ,;' ',.' .....' ¡; j t ¡~ 4 '.. '.' t '; Ii , , ;P ï\ \, , . p~.¡ (', ¡ r!.'~'c. i ,I ~ --:;( j, ')-7: Page 75 BOOK 1Ð5Nr.f330 _.",_..,..,- --- 1 ~J \:.; ¿' :.Ii' r: < . n~~ ~ r· I;'" [ ,'" ¡ ~u . ;!" ", ... .!} June 23, 1987 Item UDIS CONTRACT ADDENDUM FOR BID '87-1096 FOR CONSTRUCTION OP GOLDEN GATE WELLPIELD EXPANSION, PHASE I - COUNTY REGIONAL WATER SYSTEM _ AWARDED '1'0 YOUNGQUIST BROTHERS IN AN AMOUNT OF $29,920 Utilities Engineering Director Madajewski stated that this item is a contract addendum for the Golden Gate Wellfield expansion. He stated that the contract was awarded last week and he has been able to negotiate with the contractor for the addition of the drilling of three more wells to bring to a total capacity 16 wells in the we1lfield, which will supply the County with some additional backup reserve. He stated that he is requesting approval of this item and the contract documents that will be awarded will be issued for the full amount of t~e contract and the only stipulation that has been put on the contractor is that the original 8 wells would have to be completed in the original time frame to keep consistent with the expansion of the water plant. Commissioner Glass moved, seconded by Commissioner Goodnight and carried unanimously, that the contract addendum for Bid '87-1096 ~or construction of the Golden Gate Well field Expansion, Pha.. I, be . awarded ,to Youngquist Brothers in the amount of $29,920. Item f9D7 CONTRACT ADDENDUM FOR BID '87-1097 FOR CONSTRUCTION OP GOLDEN GATE WELLFIELD EXPANSION, PHASE II - COUNTY REGIONAL WATER SYSTEM _ AWARDED '1'0 MITCHELL' STARK CONSTRUCTION CO. IN AMOUNT OP $215,635.29 Utilities Engineering Director Madajewski stated that this is the same as the previous item, but is Phase II of the Golden Gate Page 76 !DOK 105,.\r.t3'40 ._.",...."..._""...,....,...,,,,.;, "'.-~.."''''"'._._................_- .'""......._-_.~.._".- .,...._'--"~,.....,~"'~-"'_....--,_.........."'_."''*''''',..."''''.,,'".,,.."'.,- .'" ......--,.""".,,,....>"'...,"'-,',',,.._~ , ---......-................--- 105f'Jr.! 341 ~. . {j' . ¡ ~ June 23, 1987 Wellfie1d expansion and this would be to outfit the wells with the pumps and the necessary control bUildings, and the appropriate electrical linkages. He stated that the same type of terms were nego- tiated with the contractor and he will be finishing the first 8 wells the same as the well driller so that it will be consistent and then completing out the contract. Commissioner Glass moved, seconded by Commissioner Goodnight and carried unanimously, that the contraot addendum tor Bid '87-1097 for construction ot the Golden Gate Wellfield Expansion, Phase II, County Regional Water System, be awarded to Mitohell , Stark Construction Co. in Amount of $215,635.29. Item '9B1 RESOLUTION 87-l52, REVISED BUSINEsS ~RAVEL POLICY _ ADOP'l'ED Personnel Specialist Dant advised that this policy will provide greater consistency in sUbmitting and processing travel requests and ensure compliance with F.S. l12.06l. He stated it also provides defi- nitions of terms and details eligible and ineligible travel expenses with applicable meal and per diem rates. In answer to Commissioner Pis tor, County Manager Dorrill stated that this policy is for g~neral County employees. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that Resolution 87-152, Revised Business Travel POlicy, be adopted. ,~.u ,~_; I,¡: ¡, J:A.J...~r'·i·~ t :< '~'¡,~ ·'::;(,rj.'!'-r,:~;;c r ~'. ; /':,U;¡ vfo/:n,',)y;,: i . >', r- ]\f~ ~t {;~.ì'J.!~ " . . ,.., , " Page 77 . , t; ~ - '- .. "'--..,--....---,,-.,.-.." \'\~;t "-'I'l t'".' ~ t; .. ,,-..t? "-fJ ~" ¡~..:._:<~ ,!,..} :¡;...,-t ~,.t; ".. /. ~ June.,23, 198?" Item f9E2 RESOLUTION 87-153, POLICIES AUTHORIZING REIMBURSEMENT OF INTERVIEW AND RELOCATION EXPENSES - ADOPTED Personnel Specialist Dant stated the present policy reimburses applicants of Department Director positions and above for one-half of interview expenses. He advised the proposed policy extends the same 50% to certain executive, professional and technical positions. He stated that the proposal also contains a formal policy that provides reimbursement of relocation expenses for these positions. He noted the relocation reimbursement will not exceed one month's base gross salary at the time of hire. Tape 114 commissioner pistor moved, seconded by commissioner Goodnight and carried unanimously, that Resolution 87-153, policies Authorizing Reimbursement of Interview and Relooation Expenses, be adopted. " .' "Ct ., , , , , . '," ,", .., ;': '>.' f;c'l_ , .. i:"~ f I ': :_~.. ,. , '. '" ;... I" :,"£ 11 " ~ . "1 . \ ! ..) , ;. ,',1: Page 78 aoo\{ 105 m£ 3'52 .. , ( ;, ~ ~ . ,l ^ " 'r, :;~ì' J ¿H...~ ......',,,,.,.,......-,""'" ~ BODK 105 P~r.t 359 Junë-23, 1997 Item f9E3 RESOLUTION 87-154, AMENDMENT TO PERSOkNEL RULES AND REGULATIONS REGARDING RECRUITMENT AND SELECTION, SEXUAL HARASSMEN'l' AND TUITION REFUND - ADOPTED Personnel Specialist Dant stated that the proposed amendment to the recruitment and selection policy standardizes the employment pro- cess for all departments and keeps recruitment and selection practices current with existing Federal and State employment laws. He stated the policy also encourages promotion from within and ensures that all employment decisions are based on valid job related criteria. Mr. Dant stated the proposed sexual harassment policy defines and prohibits sexual harassment in the workplace and provides a complaint procedure for affected employees. He advised that this policy was recommended for inclusion in the Personnel Rules and Regulations by the County's labor attorney. Mr. Dent stated that the þroposed amendment to the current Employee Tuition Refund policy provides a maximum tuition refund equivalent to the standard tuition charge per credit hour at a State of Florida public college or institution. He said the amendment also deletes the current cap on total credit hours considered eligible for reimbursement each semester. Mr. Dant advised there are currently two County employees provided with full tuition for professional degrees and course work which are above the maximum set in this revised policy. He requested that the Board consider exempting them from this new policy. . Page' 79--" ~.' r ~, . " , - - - ,.,'." """"''''''',' ;"~-'~-""~-""-'''- ---- -- - - t ~'~!':~;.; !:,' ""c-¡" n,.... t.,-,~ 't ',":1 ;_;t¡t~~J, \ '-1,:1.,1 '.., I, , , June 23, 1987 commissioner pistor moved, s~conded by Commissioner Goodnight and , . carried unanimously, that Resolution 87-154, Amendment to Personnel Rules and Regulations regarding recruitment and seleotion, sexual harassment and tuition refund, be adopted and the two employees currently enrolled be exempt from the revision of this amendment. ,,., . , . c: ~.1 r ".~ 'jL; ~~ I;' ¡ ·t-;,· .', './.J7 W)~.{ :...,,3 ì ,.1\ , . L . $ rr:' (~f~t;t:'··öu ")" :; 1 . '. ".' : J ¡\ ( ~'~.I~.'~·~;j(;;:+-/.~ ':'.:1 . , ~' . l ~ , . I.,'," .:.., ;.'j \ ¡~; :,;G :',,~'~('\ t:,· j . ¡.:-.) ! ¡m (;o,':;r7. , I ~\ ¡ ,'~ ::~ 1_' ) . ~.' oJ .r r po '":; v:; ~:'t' ". r pi; , ' " . . . ~' ¡.,,.. J ;" '~~ ~ .' . 1 ~_ì ''',,;: .::1' ":4:;¡_,~)~:..q ". ·1 . ';''.] f }}t; .-.:¡ ~ . t . 'f ¡'_ ¡ ~GL':..~n~.:: .: j 4 ~r 'J ;, l' tr:~ >I:î' .'! '};. Ic', ~~ r. P 'J r (,}16 Page 80 .' &OÐ; 105~Jr;f380 ; ~ 1 ¡ {: ; ¡ ì ,.: "4"J ~' (.. 'ODK 105 PA<:t 379 " ,} 'U'· June 23, 1987 Item f9J'1 REQUEST '1'0 RESOLVE ZONING ISSUE AT JAC~SON GATEWAY - ZONING ORDINANCB '1'0 BB BNFORCED County Manager Dorrlll stated that the Board received his briefing paper on this issue in the agenda packet dealing with a request to allow boats to be moored at the Jackson Gateway facility. He stated that his interpretation of the Ordinance is that this is not appropriate and they would be subject to receiving a citation. He advised that he has instructed Staff accordingly. Mr. Dorrill stated he received a sUbsequent request from the deve- loper that in the event that citations are issued, that some con- sideration be given to withholding prosecution since the developer has now turned in a PUD application to have this property rezoned. He stated that the developer feels that if the PUD request is granted, the docks will no longer be an issue. In answer to Chairman Hasse, Mr. Dorrill stated that docks at this location are an accessory use to a mobile home rental park and without the mobile homes there cannot be an accessory use. He stated the developer cannot have just the docks. Attorney Donald Pick~orth, represènting the owners and developers of Jackson Gateway, formerly the Jackson Fish Camp, stated the subject property is located immediately north of Bayview Park just south of the Windstar Development. He stated their purpose is to ask the Board to endorse or accept a compromise concerning a zoning dispute which :,' \ Page 8l'. . f '0' ", ~ ~., ....; í:: to ;¡-~ . -<; ~'I~; ~-,' Jð\~1 " - - - June 23, 1987 has arisen between the owners of the property and the County Staff. Mr. Pickworth advised the compromise proposed is that the deve- loper will utilize the docks, the County will cite the owners for violation of the Zoning Ordinance, but since a PUD application is in process and will come before the Board in the future, the County will withhold prosecution of this matter until such time as the PUD has been presented to the Board. He stated that if the PUD is approved, the issue becomes mute and there is no need for this type of strife. Mr. Pickworth advised that the PUD application, if approved, will change the use on this property from its present mobile home classifi- cation to a PUD consisting of multi-family residences and a private yacht club. He stated this proposal allows the developer to use his property in a lesser intensive way that he could use it during an intervening period and at the same time the County does not give up its legal position. Mr. Pickworth stated that the issue is not really the docks. He stated the real issue is wh~ther the property will be docks and mobile homes or docks and residences. He said the property already has the mobile home zoning and the County acknowledges the docks are an accessory use to the mobile homes. He said if they want to put in the mobile homes, they can use the docks and that has not been disputed. In answer to Chairman Hasse, Mr. Pickworth stated that the point is that since the owner is requesting a rezone on the property to a Page 82 BOOK 105 PAr.r 380 'OÐ~ 105 PA'.! 381 June 23, 1987 PUD, he doesn't feel the construction of another mobile home park is in the public interest. In answer to Commissioner Saunders, Planning/Zoning Director McKim stated the property is currently zoned mobile home rental park. She stated that when they began doing the base work on the docks, Staff requested a site development plan and at that time the issue was raised as to when the County would allow them to build the docks. She stated there should be a mobile home park in place before the docks are used and this is usually done simultaneously, but obviously, a developer is not going to build one dock at a time for an 80 unit mobile home park. She advised that, at that point, Staff issued an agreement that, they would pull lO or l2 mobile home permits and at the same time Staff would issue the 78 boat dock slips. She stated the boat docks were then built, however, no permits were pulled. Mrs. McKim stated that the PUD application was received within the last couple weeks and Staff has not initiated their full review. Mr. Pickworth stated that Mrs. McKim has explained the Staff's position and they do not dispute it, however, they do not feel that the docks are an accessory use. He stated that the property was built around 1946 and predates zoning in the County, and predates mobile homes. He stated the fish camp marina use is a valid non-conforming use. He said the fish camp was comprised of rental cottages, mobile home rentals, gas and bait sales, repair facilities, and boat rentals. He stated that in 1984 the owners proposed to clean out the existing Page 83 - - - June 23, 1987 channels to connect an old dead end channel and do some substantial work. He said they obtained Army Corps of Engineers and DER permits and the County signed off on the permits stating that work must be consistent with all County zoning requirements and other regulations. He added that no one said when the work is finished it would be an accessory to a mobile home park. Mr. Pickworth pointed out that the County Zoning Ordinance recognizes non-conforming uses and they are authorized. He said that in 1986 when they applied for building permits for the docks, Staff said "No, you can't because they are an aC~essorY use to mobile homes". Mr. Pickworth said that he doesn't believe the owners can be denied what they already had. He stated there are three option open ~o the owners: 1) withdraw the PUD and put in the mobile homes, 2) do not use the docks and wait the nine months or so it will take to complete the PUD application process, which brings up a monetary issue, and 3) use the docks, the County will issue citations and prosecute for violation of the Zoning Ordinence and Spend a lot of time and money in court. He stated that a compromise to these three options is what is being requested. County Attorney CUYler stated that his opinion is that the owners did abandon the former use of the property. He stated the whole con- cept of a non-conforming use is that it will deteriorate with age and be replaced with a conforming use. In answer to Chairman Hasse, Mr. Cuyler stated that the Board has the discretion to determine when they Page 84 aODK 105 p,\q: 3'82 .~f2(" 1 f;:~ ~ t.;; "-_..,..,~." 105nq38a June 23, 1987 will proceed with an action. He said he would like to caution the Board to be very careful about a situation where someone else can say please don't prosecute because we have an application in process. In answer to Commissioner Saunders, Mr. Cuyler stated the issue is, do they have a valid estoppel issue? He stated this question is also outside the scope of the citation. He said the answer in his opinion is that they do not have an estoppel argument against the County based on the activity over the last two years. He stated that the County did not go in and stop them from using the fish camp and if they had not been abandoned and were in use, the County would not try to stop this. He said the question is whether after 18 months without the docks, rebuilding the docks, saying they were for another purpose, can they now say they changed their minds and want to continue the old use? Tape 15 (malfunctioning tape) Mr. Frank Baker, representing the petitioner, reiterated the points brought out by Mr. Pickworth. Commissioner Glass asked if the County has ever agreed to withhold prosecution for anyone else? Mr. Cuyler stated that the only situation he is aware of is widespread violations in Immokalee where the Board knew the violations existed and needed to adopt POlicies on the situation before trying to enforce over 100 or so violations. Mrs. MCKim stated there have been a few instances where a citation is issued, but there is a remedy available. She stated for an example a " ~ , : (',',: '," Page 85 I ~ 1 ..~ - -.. .. June 23, 1987 variance or a provision use may be needed. She said that in such an instance Staff will await the outcome of the petition for remedy. Commissioner Saunders stated that he feels the owners are trying to use both arguments by stating they have a non-conforming use and by aCknowledging that the docks are an accessory use to either a mobile home rental park or a PUD. County Manager Dorrill stated his position that he fUlly intends to have Stàff cite every boat that uses the dock from the time the first boat shows up until the PUD is resolved. Mr. Arnold Lamb, Mr. Richard Braun, Mrs. Edith Nicol Williams, and Mr. Ralph Tuttle spoke against the request citing the Board should enforce violations, and said 41 residents were evicted from the fish camp without compensation by the owners. Tape 116 Chairman Hasse moved, seconded by Commissioner Saunders and carried unanimously, that the Use of the docks be denied until such time as they may be permitted in accordance with the Zoning ordinance and violations will be strictly enforced. Item f9F2 RECOMMENDATION TO PURCHASE A REPLACEMENT VEHICLE FOR THB'COUN'l'Y MANAGER - APPROVED FOR TAMIhMI FORD IN THE AMOUNT OF $7,342.00 Commissioner Pistor moved, secondeð by Commissioner Saunders and carried unanimously, that a Bronco II be purchased from Tamiami Ford in the amount of $7,342 With a trade-in on the current vehicle. i, ". J" F ,'.;. , ,. '~I ';¡J. liVC!.: O~ ~'¡.D.:'A Pag~" 86 . . BODK 105 FAr.r 384 BOO~ 105~~.f3"85 .' , ~ ~ . l' ! June 23, 1987 Item UI'3 REVISW 01' REPORT REGARDING IMPACT FEES - TO BE BROUGHT BACK ON JULY 28, 1987 Commissioner Saunders stated that he has read the report and feels it is very good. He said it is important for the Board to move along rather qUickly in making the decision for impact fees. Commissioner Saunders moved, seconde4 by Commissioner Pistor and carried unanimously, that this item be place4 on the JUly 28, 1987 agenda. "h'em è f91'4 ' 'UQt1ÉST'I'OR INTERPRETATION OF THE PAV%LION PUD - ADDITIONAL 1,000 SQ. 1''1'. CONSIDERED MINOR CHANGE Planning/Zoning Director McKim stated that an interpretation of the Pavilion PUD for the Pavilion Shopping Center is being requested because the owners want to add 4 movie theaters to the existing 6 theaters. She stated Staff feels this is a major change and ,it was discovered when the owners came in for bUilding permits; Mrs. McKim stated this addition will add approximately 9,000 sq. ft. or 660 seats to the movie theaters. She also stated that the 9,000 sq. ft. are in addition to the 9,100 sq. ft. addition approved to extend to the west. A lengthy discussion followed and Mrs. McKim stated that the PUD does not state a maximum square footage, however, it does allow for minor changes. She said she feels this is a major change and more than she can approve. j '. :,' ,.:.. Page 87 ':,~' ì '''~ ::! \ - - .. ... '--__"0.....""'__ .... ....._""'--,,_'"""""""'..~,_,w,.__.~.~""_,,__._._._ ,~l , . . !:{~ " ;',~; . ~;}~1i .,~.~ ,~ _s~ .ot.., .j tr ";\ --_"""""·""o..r__.....~ June 23, 1987 Mr. Cliff Barksdale, Collier Development Corporation, gave a brief history of the master plan, site plans, and additions to the Pavilion Shopping Center. He stated they are aSking to again expand the theatre. County Attorney Cuyler stated that Staff should have better direc- tion on this type of situation. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that the additional 9,000 sq. ft. addition for theaters at the Pavilion Shopping Center be considered a minor change to the Pavilion PUD, and i. approved. Item UOA REQUEST '1'0 PILB OBJBC'l'ION WITH PSC RBGARDING JURISDICTION OVER WINDSTAR UTILITY - APPROVED Commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that the County Attorney's request to jointly file an objection with Windstar to the PSC order, be approved. Item UOB BIG CORKSCREW PIRE AGREEMEN'l' - APPROVED AND CHAIRMAN AUTHORIZED '1'0 SIGH County Attorney CUYler stated that this agreement with the Big Corkscrew Fire and Rescue District for, ."fire pumper truck is essentially the same as the agreement with the Golden Gate Fire District for their bUilding. He advised that the County agrees to pay $100,000 towards the pumper truck directly to the vendor., He stated the agreement also warrants that the Fire District specifically agrees rH~:t("(¡'i f¡ .~: ::-. '-, Page 88ð:.u ! 1 U" ',;} f \ '..,1;- .)f' aoaK 105 ""q 386 -_._.""".........."..,;-.'".......,,"--~~,.._.."..._- .r:,' .,....~ -·w_. ,..;r¡~ ""'~r(:: .~' ;It '. .~j:' '';\', 800K 105~q 387 June 23, '1987 that they will build a fire station to house the truck on a parcel of property near North Golden Gate; they are committed to purchase the truck and if the $100,000 is insufficient, they are required to pay any additional monies to secure the truck. He stated the District agrees to man and maintain their new bUilding as a permanent fire sta- tion, insure the truck, and they understand that the fire truck is to be used for fire protection within Golden Gate Estates. He said that if this specific use ceases, the District agrees to pay the County the fair market value of the truck or forfeit the truck within 60 days. In answer to Commissioner Pistor, Fire Chief Siebold stated that it will take approximately lO months to obtain the truck and the fire station will be completed by the time the truck is delivered. Chief Siebold also stated that the life of a fire truck could be as long as 35 years and is definitely a long-term investment. ,Commissioner Goodnight m07ed, soconded by Commissioner Glass and carried unanimously, that the Agreement with the Biq Corkscrew Fire , Rescue District be approved and the Chairman be authorized to sign. ., ¡; .: " '.' " I ,.' . Page 89 - .. - .<.~,...~_."..- "_--",,,,->..,~-..,,............,,_.- ¡ ... t, 1 ~~. 1 : . : ~; j ... ~ t~,~~ \':-: ("~~"~'~..:t , -'to-, " ~ 105'PAr.r 3"93' : 1'1" , . LJ ~ '" \ . ;1;) June 23, 1987 It.. IlU BUDGET AMENDKBNTS 87-335/340 - ADOPTBD Commissioner Piator moved, seoonded by Commissioner Goodniqht and carried unanimously, that BUdqet Amendments 87-335/340 be adopted. Item tllA3 BUDGET AMBNDMEN'l' RESOLUTION 87-035 - AbaPTBb Commissioner Goodnight moved, seconded by Commissioner Glass and oarrfed unanimously, that Budget Amendment Resolution 87-035 be adopted. , i_;. .. '. . :~, ."1' ( ~ '! /', ~ ... P 1 C:-· :7t;~.~~..J, ¡ .... >'."¡.\ , .:, '1 r ,) ¡:: : f..~ i ¡ " " '.. ... It r ,~'.'. ';;~' ¡:p.;.;;: " ¡, i ) 1. ~~.~ 1...'" , , r. "'l~f:~'~f¡ r'!,' . .. HI p:'; i1"<...' '1 ;", l'·¡·:::r; . ''f..: ... ~ r ! U"~ ,'. ·..··f"-.' f'( ',/ 'Of Yf', ij u· , , " . . pàÕ.æ. 9(j: [r>~ , " ¡: r'W'-fI ;::;{ I >.-' ". ,. l ". ." "J' " " f ~Jt',,; 1:;1 ¡-(.(j , ,!. ;¡:.,.J:,3rl \ ..1',':' iÕ.\t 1i;';" :~~ ", . ,r ", ., ¡'~~.< '~F ..~1j:. '¡'~,"; . " ~ +.'.'-: .;",:~,,:.. " '''\~.'¡ "~{~ """'4- ~\'¡. :~~~:':' .~..~-, -.. ; ,. ,~,~,;: _. --. -_,...-..V - --"'.."'.........~ , '. ... ......~ è';. ~·:!lr;:b ì-:'~;, ' ,~:.~T ;.Vbbt..<~£1¿:;! ~', f :?: lOOK 105 PAÚ 3'95 :Æ~ ~;" ¡' , ~~'~~;, ~>:: ; :~ :,' .~. "~Iteå"ll1C2 ~ i ~.~ p , '1"_:, "f¡ , ""'June;-:23,: '.1987'· '. '¡.l "\,. .," . ': RB t1BS'1' TO ISSUE UP'S I'OR 'l'JtB I'Y-U86 87 ANNUAL AUDIT _ APPROVED F!nðnce Director Yonkosky advised that it is time to iSSUè the RFP's for the annual audit for the year ending September 30, 1987. He stated that the Board must appoint an auditor selection committee con- sisting of the 5 Constitutional Officers and a Board Member or their designee. In answer to Commissioner Pistor, Mr. Yonkosky stated that the estimated cost is higher this year thðn last year due to the sales tax requirement and changes required by the Auditor General which will . 'create more work for the auditors. Commissioner Saunders moved, seoonded by Commissioner Glass and carried unanimously, that UP'. be issued for the annual aUdit for the year ending september 30, 1987 and the Board's designee on the selec- tion committee will be the County Manager. Item 112A LANDI'ILL PBES WAIVED DURING 'NO WEBKENDs IN 1987 I'OR ALL COUN'1'Y RESIDEN'l'S Commissioner Goodnight stated that the Board indicated at a pre- vious meeting that they would waive landfill fees for the residents of Golden Gate Estates for a few days to help in their effort to clean-up their area. She requested that this clean-up effort be afforded to all residents of Collier County. . ~Tap~ '117 (mal functioning tape) ',,, . C '1 :.~ ,"',e. tI _ .' ",'''':'1 (":1 Cl "j ~..t ::,' r.~'-:F.·F·~ ì::' . r;·( ¡ ;, " :., .,¡.> ~ ~:~ ~,H ,i ;=- ;:¡.~~ ¡¡.:,'P.'~,~~<~9~!D " ';' J, ; r) i ! ~.'-~ ~'l;' 7:· :'..:! .~;!; ,HI r~;JH ....:~~~. :.L I·: ¡ 1 n ~,'~ ~J-!f: '~.; ~ ~1;':,r1·\rJr¡",)r:2" (~ : :" ' n ¡ . ~ i v '. :. ','F,J, ri;or...·t:: ':'1 }¡,~:: E: IE:J. .': ::. ¡.¡I/¡':: C:1 J..O ¡. '~. '... "-7;; :.;:;' r(}íU - --.. - .....''''.,.....'~'''''''''',..<."'........_''''_...._,~,."'~,..,'~.~,...~'"'''- ..",-- ~ 't June 23, 1987 Carol Lamb, Chairman of the Golden Gate Clean-up Committee, stated that one weekend will really not be enough and she would like to peti- tion the Board for another weekend during the fall. During discussion, Assistant to the County Manager Olliff stated two weekends could be designated when all Collier County residents could drop things off at the landfill at nd charge. He suggested a three-day weekend in July and a two-day weekend in November. Commissioner Pistor moved, seconded by Commissioner Glass and carried unanimously, that two weekends be desiqnated, at the discre- tion of the county Manager, for use of the landfill by all county residents and the landfill fee. for those weekends be waived. Item f12B REQUEST FROM DEPARTMENT OP HIGHWAY SAPBTY , MOTOR VEHICLES POR HEW CRIVER LICENSB FACILITY - POTENTIAL SITES TO BE INVESTIGATED Commissioner Pistor advised that property at the north end of Pelican Bay has been donated to Collier County, which is large enough for a building to house the Tax CollE!ctor, Propertÿ"AppraiSer, Sheriff, Supervisor of Elections, and the District '2 C6mmiséioner. He stated his ,feeling that such a building should be discussed during budget discussicns. Commissioner Glass stated that the immediate problem is space for another Driver's License Office. He advised that the State is pre- sently negotiating for space in southern Lee County and stated -that Collier County needs the Driver's License Office. He said the ! \ , , ' i: ¡ ,')1. ;_~I"~bbT(i.~¡..;-,d.ii< !: ' aOOK 105 PAr,r 396 Page 92 aDaK 105 pm a97 , , June 23, 1987 question is whether to provide space for this office or suppleme~t their rental of space. Tax Collector Carlton statèd thàt this decision will probably have an affect on most of the peoplè in Collier County, as well as alle- viating some of the traffic concern on Radio Road. He stated that· when his lease expires at Green Tree Shopping Center, he will be willing to relocate anywhere the Board decides to place the Driver's License Office. He the~ offered to assist in this effort. It was the general consensus that the County Manager's office investigate the possibilities and repo~t back to the Board.. Item U2C ADDITIONAL EXPENSES OF $466.67 FOR CONSULTANT WORK ON '!'HE NAPLES MUNICIPAL AIRPORT SITE REVIEW STUDY - APPROVED commissioner pistor moved, seconded by Commissioner Saunders and carried unanimously, that additional expenses of $466.67 for con- sultant work on the Naples Municipal Airport site Review Study be approved. Item h3A '!.}" r ¡ .... . , . ¡.; q )", ,.. LEASB OF COMMERCIAL OFFICB SPÄCB FO~ SHERIFF'S DEPAR'l'HBNT - 'APPROVED Deputy Chief Barnett, Sheriff's Department, advised they would like to relocate some offices from the main complex to the Commerce Center on Airport Road South. He stated the desired space consists of 1,875 sq. ft. at an annual rent of $8.54 per sq. ft. for a term of three years, with the first 6 months at no charge. ~ .:. + " f(.... ~~ ~ ~~, '.~ t ;''''¡(.is:?' }(¡¡j,~ Page 93 - - - .,. ;; , - ':;'.:, :1I¡i;;' ~¡:; I~t: : ~(, ~, qor:j: fJ'" ~{"-t .,'~.~ t :i~',:-' t;: ¡ 'of" \ " I\;; ~~:"r,.' », I~,. '~~.<,.,: ~." ,~'.... f £~;,~ it.:,.'·· :~C' J.,'~ 'fl" ~t: iJ.'.'. -~ ,~ I',' . , .;'" I:.·.·.~(.·'· . "'..- :"¡'¡~,: " Ii!','t:.;' , ',. .. ~'." , :'I.rl. <, , ,',f' ~ . ~ ; ; >' " , jf¡ ,J"" r: , : i.. t i_:!J "f.~ ,y(: June 23, 1987 , ;. ", commissioner Glass moved, .econded by Commis.ioner Pistor and oarried unanimously, that the lea.e for the Sheriff'. Department for 1,875 sq. ft. at '8.54 per sq. ft. for a term of three years in the Commerce Center on Airport Road South, be approved. , . ¡ , (. . , -.' ¡:: i, . .'~,'l'~· r:HL;;', ., : /~: ,. ~.r·f{:~f;'~ ',:('$tJ:.::;¡JI.: ~Jt " (: I! r::: n &. ~- t.;( '. ' 'lJ ~~: ., " ! ;.., ',~;~ ~;:'t 'r'·-·r~ ",; ,1..J. . ,I: . ,:ô, ',,' ~ t~ <. ': "':' ¡~.r ;.' '.1)1:/ . ~ .: ~,; :r; " ':, ?;1'1 ¡o;c'"1. <:.r: 1,"tt:.. i ;,,,.:¡ !~j¡. '}~lT'~C ;.·L-.:"C~ '., ;). r ~; '. ; :- :: (:'1 ~. ¡: . I' r: ~; ~;) 'j ê',"; ""'''PI'' J:C n'<.!:'f!i' vlJq ',' ··r.u,,· ,',' ¡ ': G ~Gt!Ott~r(f "[ £µ~ ';; _r:,'~:' í " ':~ l, 'r;1 ,~r ~";l.. P.1H'''' . ".r, (J:'¡U '_1' - ;,;'.'1 t ( t ¡t?~r1 ~~.:";~: cu Of' If; r'11 r.~; ':" '. t ¡; (.1; tf}.! aoox 1051'Ar,r 3'98 ¡ r' Page 94 ~" ,.,. ~. .: : ; ,ç;, ¡'.'o:: ¡ i:! t ~.,....~ .~- . . ¡-;~'TT""F '- :'~.:~ - 't" ') t , I ',!' , í~. 1 " ',r',' " i!; I) ¡:p~' ; .J ~l~ ,j,' ลก :'''' ""'" .. r ' , (~. o,/t: /1 :f~ ..~,f.·~ . !f''- (i;j ''''Í "1- t;¡, '.¡; .~ ',II' ,:,.1 ':;~!, " ~ . .' ) .. . .. aoolt ,105 p~r.r 417 , , i ..' .-.........,..........\ 'r. ;~-~ ~,: F~ ~ "\ .' ~r. ~ ':": " \" ~ },~ :r. I~...Ï3B June 23, 1987 . . -." CON'l'RAC'l' FOR SERVICE OF PROCESS WI'l'H COLLIER COUN'l'Y AND COLLIER COUNTY SHERIFF'S DEPARTMEN'l' - APPROVED AND CHAIRMAN AUTHORIZED TO SIGN Deputy Chief Barnett, Sheriff's Department, advised that this contract is between HRS, Collier County, and the Collier County Sheriff's Department for service of process for Title IV-D child sup- port enforcement cases. He stated that the County will bill HRS on a monthly basis for 70% of each $12.00 fee. He noted there is a federal fund cap of $6,552.00. Commissioner Glass moved, seconded by Commissioner pis tor and carried unanimously, tb~t the contract for service of process for Title IV-D child support enforcement with HRa, Collier county and the Collier county sheriff's Department be approved and the Chairman is authorized to sign. _. I ~} 1 ; 1 . i ,- . , ! ! " i'¡ Page 95 -;..- :I.t~. " ~ ' 'j ¡ J '1"\1\ .. " ,;'".1 .. ':i'\~t . "';':'1'<5 .' <.J~~ ',~)f .,10:_ ';~~ . ~:~~:~, t~ ):~~ '~J~ ~1 ;;J' .,.;if) }\i:f' ,¡,; ~ ,~.. ~, ':3~ " i\~ ,"'~~ ·~;>'(·~i ~. '?~J.~r ; ,',. ... """"""","""""'''~'.,".,,,,~. ,~"""."..".., --~. '''"...'''...",........--.---.-..-.........- 'ì ~ .' 'j' \ , ) , . . ' lOOK 105 PAr,! 431 June 23, 1987 Ite. f12D RESOLU'l'ION 87-155 ADDITIONAL FUNDS FOR LELY BAREFOOT BEACH - ADOPTED commissioner Saunders moved, seconðed by Commissioner Goodnight and carried 4/1 (Commissioner Pistor opposed), that Resolution 87-155 authorizing aðditional funds not to exoeed 50% Of the purohase price for Lely Barefoot Beach be adopted. í '!'t \ .I: ., ;1._:t~:~; J:!':~~}~ S'" '::0 pJ~ ~. ,: I r,,:J '. ::,: ,o¡ :" ~1 f.;, ð. j' , ~' ¡' (¥ r 1:: ';," ;~. . J ,~ J L' , ~ 1"'" -, . :} '" ; ~ ~:.. ¡" p (. t r. t~.. j ~" ", ..' . ~ . ~-,¡.':,:..JCrl;;' ff\ '¡"ll~ " i,¡..:~r;I'¡; :uJ·'.>r. :ì, . ,. .: : J nd '-'J í"¡ ',; ¡; ,"c';!~p¿':é'9G'¡~; c ".'.,., i" ,9 I " ...r . '" I, ~ 1 t,! ~ .... ' &.. ;. r . ,. , , ~ ;:C;¡ ....:¡ ",' , q C ::)' D2:l - -- .. .--....,..<.......-.,','--""""-.....-.....""..".''''......,.-".,...,..-'<',~,-,... Jun.·, ,23 ,.,1987 .t. , The following items were approved and/or adopted under the Consent Agenda by motion made by Commissioner Pis tor, seconded by Commissioner Saunders and carried 5/0: Item f14A1 DIS'1'RI9U'l'ION O~ REQUEST ~OR PROPOSAL ~OR HYDROGEOLOGIC SERVICES '1'0 CONDUCT GROUNDWATER FLOW MODELING OF WELLFIELDS Selection Committee to consist oft 1. Collier county Commissioner, appointed by the Chairman of the Board. 2. Director of Bnvironmental Science and Pollution Control. 3. utilities Water Department Director. 4. Growth Management Engineer. 5. Chairman Groundwater Protection Technical Advisory committee. 6. Director of Purchasing. 7. South Florida Water Management District staff member. Item '14A2 - Moved to 9A2 ~ . 1. ~~,.:' . :- r .'.o' '¡:CH , .,' ' '.; ,"/I Item '1491 - Moved to 9B6 ¡~et! U. ¡HJ It.. '14B2 I~GJ! ~¡.ln - :¡,~:"." BXCAVATION PBRMI'1' NO. 59 . 288, .'MooRINGS PARK PARCEL '9' II ;,tk.i'4.J tìJ-1tJ(~ -' ~;... \: Item '1493 - Moved to 997 Item 'l4B4,· Moved to 9B8 '>' ." ;¡ f :ttem 114B5 EXCAVATION PBRMI'1' NO. 59.287, "LONB OAK LTD." WI'l'H STIPULATIONS r;: Section 1, Township 49 South, Range 25 EastJ east side of Airport Road (CR-31) approximately 1 mile north of Pine Ridge Road (CR-896)J 'I, i ¡ iP,' "~ bounded on the north by Orange Blossom Drive: 1. The excavation shall be limi tad to a bottom elevation ,;of :-2.5 ft. ngvd. All disturbed areas proposed for lake excavation on all lakes shall be excavated to a minimum elevaticn of +1.5 ft. ngvd. " ~' . l.,;" ~¿ .~ (-;;~; ~'r.:~,\ t \ .' ) .. .i ~.. aOOK 105 PA\.£ 434 ¡.< ;¡~;~:;d: ~,:::--:!;~~,)~: '~];:~;~.,,':~' ~ :,{"ìøox'; 105 PAI;f 435 , , 1 :') : . \ I J ,"f' j .._-, June, 23, 1987 2. No excavated material shall be removed from the project site. 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District and a copy provided to the Water Management Director for his approval prior to the commencement of any dewatering activity on the site. 4. No Building Construction Permits will be issued for any proposed constru~tion around the perimeter of any excavation where the minimum clearance between lake top-of-bank and the proposed building foundation is less than 30 feet, unless and until all lake side slopes adjacent to the proposed construction have been completed and approved by the Collier County Water Management Department. 5. This approval is suþject to the approval of the Board of , County Commissioners of Rezone Petition No. R-87-1lC, which will provide compatible zoning for this proposed land use. :. I, Item '14B6 - Hoved to 9B9 nxèi\I'I~~J,t' H hU',¡ ;,; ,Item '14B7 - Hoved to 9Bl0 1:"rrz",.'1 ~ D S Item 114B8 ",-,._.....,.,.- ...- ¡" '~;,;"Í{ ,¡.....~1t..,¡j.... ':;\~ ;:!...'.r¡f"":.".... ,', ' ,J.;:. , f"if ' ~", " . ~~:, ¡I,;' _ <__.} ;1;_.\;:.: ,'J:" . 1 ~ . ,.. .r [; ~~(~~ ,}; 1 ~~f7 CHANGE ORDER NO. 2 TO BID '86-1061, GOLDEN GATE PKWY. BEAU'l'IWICA'1'ION See Pages Item U4B9 WINAL PLAT OW ORAHGETRBE, PHASE lA, SUBJECT TO STIPULATIONS 1XJCtI£NT N:ìT RECEIVED m CI.ERK 'IO BOARD OFFICE AS CJF JULY 16, 1987 .' Not to be recorded until the required improvements have been It;" . constructed and accepted or until approved security is received and . . ,- (. I,;. that all plats of Orangetree be recorded in sequential order. " r ..': ...... Item U4BlO CG; -Ii C ;', \.. WINAL PLAT OW ORANGB'l'RBB, Phase lA, SUBJBC'l' '1'0 STIPULATIONS, , Not to be recorded until the required improvements have been constructed and accepted or until apprcved security is received and " u" , t: '\ :~~'J;:!:::Y ~~.,~ lOU", L that all plats of Orange tree be recorded in sequential order,;,µ,.,· c.:.-ÌíJ<W¡: ',L'./,,'. . . - -.. ~, June 23, '14B11 ¡. I'IIfAL PLAT 01' ORANGBTREB, PHASB .tA, SUBJBC'l' TO STIPULATIONS Not to be recorded until the required improvements have been constructed and accepted or until approved security is received and that all plats of Orangetree be recorded in sequential order. ItemU4B12 FINAL PLAT OJ' VINEYARDS, UNI'l' 1, St7BJEC'l' TO S'l'IPULA'l'IONS Accept the security for the subdivision improvements and authorize the Chairman to execute the Road Construction Agreement and the Construction and Maintenance Agreement of Subdivision Improvements. 1J.lJ. i' See Pag~s /.J. J,LtJ Item U4B13 BX'l'ENSION 01' SOLID WAS'l'B TRANSI'ER STATION LEASB AGREEMEN'l' WITH TRB NAPLES AIRPORT AUTHORITY J./.J../.r See Page Item U4B14 RESOLUTION 87-156 CANCELING DELINQUENT AND CURRENT TAXES UPON LANDS DONATED BY AVATAR PROPERTIES, INC. FOR PUBLIC USE .l,tJr ð - ~.ç"" 3 See Pages Item U4B15 LEASBAGREEHENT BE'l'WBBN GOLDEN GATB FIRE AND RESCUE DIS'l'RIC'l' AND BCa I'OR EHS STATION See Pages '1-.1\ f - 4--;9 Item U4B16 CONSENT ORDER '1'0 STA'1'B 01' FLORIDA, DEPT. 01' ENVIRONMEt~AL REGULATIONS REGARDING CERTAIN MITIGATION RB CLAM PASS BOARDWALK See Pages Lf t 6.. .l/- t, f "' ';...¡: 11.1 lJt~.:;";.¡ r, ';1 1t '<"",,1 Page 99 aOOK 105 pm 436 ·:!I.~, ::;"l' :ti8_1 ¡ , , ". ~'_"'_.'.""""__.___"_w,,,,, 105 P~r.t 437 .' I· ,\ '\f \ I '." 'i >, , f , ¡'- 'I . .I f ¡. June 23, 1987 It.. U4Cl AHENDHEN'l' OJ' REAL'l'H UNIT CONTRACT TO IHCLUDB $2,000 OJ' ADDITIONAL HBAL'l'H RISK REDUCTION PROGRAM J'UNDS See Pages I..J-IP--11 - Lj. t, ? Item tUGl CBR'1'IPICA'1'ES OJ' CORREC'l'IOH '1'0 '1'HE TAX ROLL 1986 Jr. '.~9~2,Ol ;tt:~iJ~ li.~G2-:;; .' Dated 06/05/87 , '." d~' ;J,; ';3 1:':.1'-,: ~.'~-L' }j-:C .\ ! ,...". ., ~ SATISFACTIONS OJ' LIENS FOR SERVICES OJ' '1'HE PUBLIC DEJ'ENDER See Pages 1.1 ¡; 9 - I/- 7/ Item lUG HISCELLANEOUS CORRESPONDENCE J'ILED AND/OR REFERRED There being no objection, the following correspondence was filed and/or referred to the various departments as indicated below. 1. Letter dated 06/05/87 tram Dianne L. Braren, Registration Clerk, Bureau of Land Sales Registration, regarding Exemption Application 87EX240, Imperial Wilderness, Inc., DEOOOl0945, Imperial Wilderness Condominium, Section Two. Referred to Neil Dorrill, Key CU'ller, Dave pettrow, George Archibald and filed. 2. Letter dated 06/04/87 to Criminal Justice Professionals, from Sandra M. Whitmire, Chiéf, Bureau of Public Safety Management, enclosing a survey form seeking input on juvenile justice issues. Referred to Jim Giles, filed. 3. Grant Adjustment Notice dated 06/08/87 from DCA for Grant No. 87-CJ-4S-09-2l-01-l13, Adjustment No.4, Subgrantee Collier County Board of Commissioners, Title of Project - Immokalee Youth Guidance Volunteer Program, Nature of Adjustment; Special Condition Compliance. Referred to Neil Dorril1, Kevin O'Donnell, Cynthia Conners and filed. 4. Letter received 06/05/87 from DCA, to Elected and Appointed Officials and Interested Citizens, from Thomas G. Pelham, i<t,i:": ~ -~',; ::. ';"J '~'¡'J ,; J Page 100 - - "'_~;__'<""""''''''''''_'''''''_ .. '"~''' .."~U.U""'_H.___....~.._,_,,,,,,,..._,,,,, -,,- '-"'''~''--''~'"'----' r;.-r-p----- -... . . .1 :~.''i' ..- - -'/ June ,23, 1,997 Secretary, enclosing a draft of the proposed procedural rule (9J-22) and advising that a public hearing will be held on July 1, 1987. Referred to BCC, Neil Dorril1, David Pettrow, Jane Fitzpatrick and filed. s. Copy of letter dated 06/04/87 to Sheriff Rogers, from Percy R. Folsom, Architectural Engineering Administrator and E. Russell Smith, Correction Officer Inspector Supervisor, Florida Department of Ccrrections, regarding Double Bunking at the Collier County Justice Center. Referred to BCC, Neil Dorrill and filed. 6. Letter dated 06/10/87 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short form application File Nos. 111353525, 111353535, and 111353545, which involves dredge and fill activities. Referred to Neil Dorril1 (letter), Dr. Proffitt and filed. 7. Letter dated 06/09/87 from Philip R. Edwards, Chief of District Management, DER, regarding Consent Order; OGC Case No. 87-0293. Referred to Dave Weigel, Neil Dorrill, George Archibald and filed. Also, copy of letter dated 06/l2/87 to Mr. Edwards from Dave Weigel regarding same. 9. Memo dated 06/12/87 to Doug Greenfield, EMS Director, from Ronald F. Cook, CPA, enclosing EMS Interim Financial Statements for the period ended April 30, 1987. Referred to BCC, Lori Za1ka and filed. Lettec-dateã 06/10/87 from Delores G. Dry, Dist. Admstr., Dept. of HRS, advising that the Collier County Public Health Unit has been awarded an increase of $2,000 for the special health education project for contract year 1986-87. Referred to Kèvin O'Donne1i and filed. ..: 10. - - - 11. Letter dated 06/08/87 from Gloria Woods, Senior Human Services Specialist, EMS, advising of change of location of June,Grant Workshop. Referred to Neil Dortill, Kevin O'Donnell, Doug. Greenfield and filed. '-'. ('~. '.J.. .,,~', ""~¡ 12. Letter dated 06/03/87 from James W. MacFarland, Director, Division of State Lands, DNR, regarding Le1y Barefoot Beach and requesting a map of legal description and a check for the the appraisal fee. Referred to Neil Dorrill, filed. 13. Minutes: 05/08/87 - Marco Island Beach Renourishment 06/04/87 - CCPC, and 06/18/87 agenda .0" , , Page 101", BDOK 105 PAr,r 438 ,¡ ;r. '....... " :" ,.1 l'¡:'~{~ ... ,,. 6/, "~ag~ ,,>' ",' .' . . ..' f ,¡I .~ ", ~ ~~~ ::¡ aOOK 105 PAr.{ 439 , I ¡ , June 23, 1987 *** There being no further business for the Good of the County, the meeting wes adjourned by Order of the Chair - Time: 7:10 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS. CONTROL " .~~~ ... , .. , ~ ',Thes ".. i~es approved by the Boa rd '., ". . . as þte~eñ'êd ~ or as corrected ./j. - on ç!..f,lÜ/',P'/ /. ,. . . ~.,. , ¡', : ft"_;; ¡ ; t.,''>· Page 102 .. . ,j' {t·,.,.'. - -