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BCC Minutes 05/05/1987 R .--....--. .. .. .. Naples, Florida, May 5, 1987 LET IT BE REMEMBERED, thet the Board of County Commissioners in end for the County of Collier, And also acting as the Board of Zoning Appeels and as the governing board(s) of such special districts as have been created according to l~w and having conducted business herein,- met on thlS date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Courthouse complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Arnold Lee Glass Burt L. Saunders Anne Goodnight ABSENT: John A. pistor ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, F~nance Director; Maureen Kenyon, Deputy Clerk, Tom Olliff, Assistant to the County Man~ger; Ken cuyler, County Attorney; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; David Pettrow, Community Development Administrator; Mike McNees and Mike Arnold, Utilities Department; Dave Weeks and Robert Duane, planners; Ann McKim, planning/zoning Director; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 BOOK 104 PAGr 107 .~.w,_..~_··_~ ' ~ rN .OOX ~, :/;, :' ·k· ~" :..:; :~ .... 104 PAÇ£ 114 MAY 5, 1987 Tape U :Item f3 AGENDA - APPROVED WITH CH~~GEB commissioner Goodnight moved, seconded by commiss~.oner Glass and carried unanimously, that the agenda be approved with the following changes: 1. Item 6B3 and 684 re West Crown pointe - Continued to May 12, 1987, at request of staff. 2. Item 9C2 re administrativE leave for Kevin Hill, Livpstock Extension Agen~ - deleted at request of staff. 3. Item 12A re report by IWSUA Committee - continued to May 12, 1987. 4. Item 12B discussion regarding Lely Barefoot Beach - Added by Commissioner Saunders. 5. Item lOA re Riveria Fountains project - continued to May 12, 1987, at request of County Attorney. Assistant to the County Manager Olliff stated that Petition R-86-30C, re Whispering Pines, Inc., is to be on the agenda for next week and the petitioner is requesting that this item be continued until June 9, 1987, so that the people will be notified ahead of time and not have to make a trip to the Courthouse next week if it is to be continued. Commissioner Hasse indicated that this is not on this week's agenda and would therefore, be handled next week. :Item I4A M:INUTEB OF BCC REGULAR MEETING OF APRIL 7, AND APRIL 14, 1987 - APPROVED commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that the minutes of April 7 and April 14, 1987, Page 2 .. - - .,._..~.._--,.. _.._."""",".~~_..._"-......-,,,,--,;-,_.,,~.,,~,..,.,,,,_.,,..,... ~".-.".._"-"""-'. MAY 5, 1987 be approved as presented. :Item f6B1 PETITION R-86-16C, WESTVIEW PLAZA - CONTINUED TO MAY 19, 1987 planning/zoning Director McKim stated that the petitioner is requesting a continuance on this item because there are only four com- missioners available this date and a four-fifths vote is required. County Attorney Cuyler stated that based on the request for the continuance, he would advise that there be no staff input or input from the audience as this would be unfair to the comMissioner that is. not present. commissioner Glass moved, seconded by commissioner Goodnight and carried unanimously, that Petition R-86-16C, westview Plaza be con- tinued to May 19, 1987. Item '6B2 PETITION R-86-24C, PAVILION LAKE - CONTINUED TO MAY 26, 1987 commissioner Glass moved, seconded by commissioner saunders and carried unanimously, that Petition R-86-24C, pavilion Lake be con- tinued to May 26, 1987. Item f6B3 & '6B4 PBTITION PDA-87-2C AND R-86-27C, WEST CROWN POINTE - CONTINUED TO MAY 12, 1987 Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that Petitions PDA-87-2C and R-86-27C, West Crown pointe, be continued to May 12, 1987. Page 3 M)O~ 1041''''-.1: 115 ._«_..._..."""'.--..____r._____..-.----...'------'.''''.'''...''''''''.'..'"."." _.,,-- -",~-"--,,".._--. &OOK 104 PAÇt.: 116 MAY 5, 1987 Item f6C1 RESOLUTION 87-105 RE PETITION AV-87-004, REGARDING VACATION OF THE PLAT OF REGENT PARK TO ALLOW P~TITIONER TO REPLAT - ADOPTED Legal notice having been published in the Naples Daily News on April 5 and 12, 1987, as evidenced by Affidavit of publication filed with the Clerk, public hearing was continued from April 21, 1987, to consider Petition AV-87-004, filed by william C. McAnly, requesting the vacation of the plat of Regent Park to allow the petitioner to replat. Public Works Administrator Archibald stated that this item is a continuation from a previous meeting to consider the vacation of a plat for Regent Park located in the north part of Collier County. He stated that this petition is a companion petition to Item 9Bl, adding that one petition is to vacate the plat and the other petition is to replat. He noted that by replatting the subdivision, some of the lots will be increased in size and some extraneous dimensions will be removed on the original plat. He noted that "Letters of No Objection" have been received from the utility companies. He noted that there has been concerns from residents of Four Seasons subdivision which ajoins this property regarding the drainage and the ditches. He stated that there were four issues raised ar.d he met with the resi- dents and the developer of Regent Park and three of these issues have been resolved. He noted that there is an existing ditch on the ~our Seasons property and a 20 foot easement which abutts the property of Page 4 ... - - - ,-,..,., .....~ ,.,..~,....".,..,~,,~", MAY 5, 1987 Regent Park, and the residents of Four Seasons have requested tb=t shoaling that occurs in this ditch be removed, and the developers have agreed to same. He noted that the r~sidents do not want any work per- formed on the back slop~ to the property line of Four Seasons and the developer has also agreed to this. He stated that a subcontractor attempted to regrade about 200 feet of the back slope that needs to be restored, which the developer has agreed to do. He stated that the last item of concern is that a buffer should be provided between the two subdivisions and the residents of Fo~r Seasons would prefer some type of a fence. He stated that there is not a requirement for buf- fering in the PUD other than the fact that the developer of Regent Park has agreed to try and maintain all vegetation in the existing slope. He noted that he spoke with the developer of Regent Park about the fence and he had concerns of putting up a fence or buffer because future property owners mayor may not want a fence. He stated that there is no objection to the vacation and the replatting of Regent Park but there are concerns that are outside the replatting issue that address the ditch and based o~ what the develop~r has said, he will comply with all the concerns with the exception of the buffer or fence. Tap" 12 Mr. McAnly, representing Regent Park, stated that they are trying to replat an area of property which will clean up a plat of record, adding that the one on record has some strange dimensions that they Page 5 ,~oaK 104w.~117 r' ' ~ ; ; .aoex 104 ",r;t 118 MAY 5, 1987 would like to clear up. He noted that this property was purchased by U.S. Home and they wanted to build single family villas but in doing so, certain storm drains and pipes had to be moved to the south and easements vacated and new easements rededicated. He noted that the owner could vacate easements and record new ones, but by replatting the area, it is the best way to do it and much nicer. He noted that the canal needs att¿ntion but it is not part of the replat and the developer has agreed to do certain things but the buffer or fence is not one of them and this is no.: som,~thing that has to do with the or i- ginal replat or the original PUD, and the replat should not be held up because of this. Mr. Arthur Darr, resident of Four Seasons, stated that the resi- dents do not want to stand in the way of progress, but they feel that the buffer zone is an important liability. He noted that when Regent Park was planned and then sold to another developer, it was promised at meetings that there would be a buffer but when the final approval was given, there was no stipulation that a buffer be put on this pro- perty line. He stated that Four Seasons residents are concerned from a liability standpoint, adding that if there is no buffer the children from Regent Park will be playing in that canal, which is on the pro- perty of Four Seasons. He noted that this canal is dangerous and children could fall in and juring the rainy season it is very deep in areas. He noted that Four Seasons would put up a fence, but there is a deed restriction that does not allow this. He noted that h~ has no Page 6 - - - .--'"--- MAY 5, 1987 objection to this petition being approved as long as there is a stipu- lation that indicates that there will be a fence or buffer along this property line to prevent the children from play~ng near this canal. Public Works Administrator Archiba}~ stated that there is no requirement in the PUD document3 for a fence or buffer, adding that it may have been discussed when this petition went through the various meetings, but a stipulation was n0t put on the documents requiring this and the approval was without such a stipulation. County Attorney Cuyler stated that if this requirement is not included in the PUD document, there is not anything that can be done. Mr. Frank Dolan of U.S. Home Corporation stated that most people would like the ditch cleaned up, dressed up, and sodded which he has agreed to do. He stated that with regards to a fence, he does not like rear fences as they restrict the view and also make the yards look restri~ted. He stated that weeds also grow around these fences and it looks like an eyesore. He stated that individual owners should be allowed to put up their OHn fence if they want one and if the developers of Regent Park put one up, the people would end up paying for it be' ,use it would be included in the price of the home which means that the developer is not going to bear this expense at all. He noted that there are a lot of areas in North Naples that have children and fences are not being put up along every canal and there has been no safety problems in other developments. Commissioner Saunders stated that if there is a deed restriction Page 7 ~oc~ 104 w.: 11.9 - .... -. ...- ~.--, -------- - ----.--... .-.. ^_._-~"_.. ,",~.",,,..._¥....,,,__"_._W·_'" ~OOK 104 !',\~.~ 121) MAY 5, 1987 in Four Seasons, the residents could attempt to have that restriction removed and then put up their own fence. He stated that he does not believe that this could be required of the developer. Commissioner Glass stated that the attorney has indicated that if this stipulation does not appear in the document, it cannot be addressed during the replat and the Commission cannot hold up this replat because of a fence issue. Mr. Archibald staten that the developer has agreed Lo leave the vegetation on the back slopes as it exists; to remove material in the bottom of the ditch in four locations where it has eroded, without disturbing the banks: and to restore about 100 feet of back slope in two different locations that was disturbed by a subcontractor. commissioner Saunders moved, ~econded by commissioner Glass and carried unanimously, that the public hearing bo closed. Commissioner Goodnight stated that he understands the concerns of the residents of Four Seasons, but without this being a requirement in the PUD document, the County cannot demand that this fence be put up. Commissioner Goodnight moved, seconded by commissioner Glass and carried unanimously, that r.esolution 87-105 re Petition AV-87-004, william c. McAnly requesting the vacation of the plat of Regent Park to allow petitioner to replat be adopted subject to the above referenced three stipulations that the petitioner agreed to. Page 8 -~ - .. - MiOJ; 104 nr.t 122 MAY 5, 1987 Tap. 13 :Item f9B1 FINAL PLhT OF REGENT PARK REPLAT FOR RECORDING - APPROVED Public Works Administrator Archibald stated that this is the com- panion petition to the previously approved petition, AV-87-004. commissioner Saunders moved, seconded by commissioner Glass and carried unanimouslY, that the final plat of Regent Par~ Replat for recording be approved. Item f6C2 ORDINANCE 87-27 AMENDING ORDINANCE 86-69 TO CORRECT SCRIVENERS ERROR REQUESTING REZONING FROM A-1 TO A-2 CLASSIFICATION FOR + 1920 ACRES LOCATED SOUTH OF ALLIGATOR ALLEY, 5 MILES EAST OF EVERGLADES BOULEVARD - ADOPTED Legal notice having been published in the Naples Daily News on April 3, 1987, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 86-69 to correct a scriveners error requesting rezoning from A-l to A-2 classification for ~ 1920 acres located south of Alligator Alley, approximately 5 miles east of Everglades Boulevard. planner Weeks stated trat this is basically a housekeeping item, adding that this was originally approved on October 14, 1986, and was rezoned from A-l to A-2, but staff failed to delete the "5T" from the ordinance, which was the intent of the Board. He stated that this ordinance would correct that error. commissioner saunders mov~d, seconded by commissioner Goodnight and oarried unanimously, that the public hearing be closed. Page 9 ., - - - MAY 5, 19B7 commissioner saunders moved, seconded by commissioner Glass and carried unanimously, that the ordinance as numbered and titled below be adopted and e~tered into ordinance Book No. 26: ORDINANCE 87-27 AN .ORDINANCE AMENDING ORDINANCE 86-69 AND 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 50-28 TO CORRECT SCRIVENERS ERROR REQUESTING REZONING FROM A-l TO A-2 "ST" TO REFLECT FROM A-l TO A-2 CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED SOUTH OF ALLIGATOR ALLEY (SR-84), APPROXIMATELY 5 MILES EAST OF EVERGLADES BOULEVARD, SECTION 1, 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 28 EAST, + 1920 ACRES, AND BY PROVIDING FOR AN EFFECTIVE DATE. - Item '8A PRESENTATION BY NAPLES PARK ARE~ ASSOCIATION REGARDING PAYMENT OF IMPACT FEES ON A MONTHLY BASIS - NO ACTION TAKEN. STAFF TO REVIEW IMPACT FEE ORDIN~CE Mr. Redmond Jones, President of Naples Park Area Association, . read a letter to the Commission regarding impact fees on additional toilet facilities in the Naples Park Area Association clubhouse. He stated that the present fac~lity needs accommodations for the han- dicapped as well as additional ordinary facilities. He stated that they would like to be able to provide the comfort and necessities required for the elderly people without having to pay the cost of this additional impact fee. Mr. George Keller, Collier County Civic Federation, stated that these extra facilities are going to cost $4,000 and he does not feel that it is fair for Naples ParK Area Association to be charged $3,300 for impact fees. He stated that there is not any extra impact put on Page 10 ~OD'~ 104 PAŒ 123 ¡ '. ___"__",,,_,__~,_,,,__,,,___,,___CM' ~QQ~ 104 ~"f.1: 124 MAY 5, 1987 the sewer as there are already toilet facilities there, they are just adding an extra one so people do not have to wait in line and he is requesting that they be exempt from paying this impact fee. Commissioner Saunders stated that there is an ordinance that regu- lates these fees and if the County exempts this organization, then where is the line drawn for the next organization that approaches the Commission. Mike McNess, utilities Division, stated that there is an ordinance that regulates this issue and ~uring the rate making process there was discussion regarding a reduced user fee for non-profit organizations and it was eliminated because the same amount of sewer and demand is put on the syst~m whether it is ~ non-profit organization or not. He stated that staff feels that this should not be granted. County Attorney Cuyler stated that with reference to the comments of Mr. Keller, there is no basis for adding extra toilet facilities under the ordinance so that people do not have to wait in line, adding that the same thing could be done within a residential home by building less bathrooms. In answer to Commis~ioner Glass, Mr. McNees stated that a non- profit organization would be classified as non-residential as opposed to residential or com~ercial for rate making purposes. Mr. cuyler stated that the original question was whether or not, the County would allow these payments to be paid in installments, not whether or not they would waive them. He stated that he would not Page 11 , .... .' .. - ,,,,"-~..,_.._~_.._.~-- _._-.. MAY 5, 1987 recommend an exemption to the ordinance, adding that they could pay under protest if they want to start ~heir project now. Commissioner Glass Dtated that it is his opinion that the impact fee ordinance needs to be revisited and non-profit organizations should be looked at as when one considers non-profit organizations that better the community and are usually considered a public service, maybe they should be handled differently. He stated that he would ¡:ecommend that Naples Park Area Association do nothing until the ordi- nance has been looked at again, adding that if there are revisions made it may be a benefit to them and if there are no changes, then they will have to pay the impact fee. Commissioner Saunders stated that if the ordinance is not followed, all categories are put in jeopardy and if the ordinance was revisited and changed, then it would apply to all future applications but nothinq can be done at the present time. He stated that by making an exemption to the ordinance, it could create problems with the bond covenants that require the Coùnty to pledge impact fees for repayment of the debt service, adding that he does not think that the County has the authority to do anything regarding this matter at this time. County Attorney Cuyler stated that th~ question regarding a payment schedule has also been reviewed and it is the feeling of his office that this would not be appropriate as it could be construed as extending credit which the County is not in a position to do. He stated that the Association should hold off from doing anything until Page 12 ~QO'~ 104 !'Ar,r 125 . ..........._.,-~_...~.,,~-,_..__... ~oox W4 r:.~ 126 MAY 5, 1987 the Board hes had an opportunity to address some of these concerns in the ordinðnce. commissioner Hasse stated that he is directing staff to revisit some of the concerns that have been raised regarding the ordinance and return to the Board with sftme. He noted that he woulct suggest that the Association hold off from doing anything at the present time. ***** Recess: 10:25 A.M. - Reconvened: 10: 35 A.M. *...* J:ten t8B STAFF TO MEET WITH WILLOUGHBY ACRES HOMEOWNERS ASSOCIATION REGARDING METHODS TO CORRECT CONDITIONS OF DITCHES ALONG LAKE LAND AND EUCLID AVENUES Mr. william Kemnitzer stated that he and his wife purchased a house in June 1985, in Willoughby Acres and the drainage ditches have gotten worse every year. He presented pictures of the ditches with no water or stagnant water, noting that this is a health hazard and they all have concerns with regards to the snakes in these ditches and the mosquitoes that breed there. He noted that some of the ditches are starting to erode on the sides and there is concern that vehicles will end up in them as well as the concern for the safety of the children that walk along these edges on their wav to the school bus stop. He noted that there are 4,500 feet of ditches along Lakeland and Euclid Avenues and he is requesting tha~ tre BCC help with this project. Commissioner Saunders stated that in 1982 a study was done to con- sider the cost of culverts and pipes in this area and at that time, the cost was going to be $480,000. He questioned if the homeowners in .. .. Page 13 .. MAY 5, 1987 the area would be willing to pay a portion of the cost of this pro- ject? Mr. Kemnitzer stated that there are a lot of undeveloped lots in the area and many of these people live allover the ~ountry and it would be difficult to obtain signatures from these people, but the association would be willing to set this up if the County ~Iould par- ticipate in a share of the cost. Tape '4 Mrs. Kemnitzer stated that these ditches are very dangerous for the children and there are more and more young families moving into the area and she would like to see something done about this problem. Ms. Marsha t.1leman, Treasurer of the Willoughby Acres Homeowners Association, stated that she has lived in this area for seven years and hes tried to dress up the ditches by her home with landscaping and sod but it is still an eyesore. She stated that she is constantly telling children not to play in the ditches. She presented some pic- tures to the Commission showing areas of the ditch that are dry and areas that have stagnant water. She indicated that she has killed snakes in her yard, her garage, and inside her house. She stated that this ditch is also a health hazard and asked for help in alleviating this problem. Public Works Administrator Archibald stated that the ditch does not have that much shoulder room and has been a maintenance problem for the County. He noted that som8 sections of the ditch are shallow eDO~ 104 p'<;r 127 Page 14 BOOK 104. f'~r,~ 128 MAY 5, 1987 and others are very deep. He stated that the culvert pipes are at different elevations and Fhen this occurs, there is a tendency to pond water. He stated that one of the biggest problem in maintaining this area is the slope. Mr. George Harrison stated that 10 years ago, he spoke to the County on a potential health problem regarding the water in the area anð it was corrected by the County and he is requesting assistance from the County again in regard to this ditch. He noted that when he first moved to ~he area, one could jump across the ditch, but not any- more. He stated that these ditches are on County land and it is the responsibility of the County to maintain them. He stated that the main problem is that they do not provide for the proper flow of water which means stagnant water that attracts snakes and mosquitoes which can bring disease. He presented a copy of a letter he had written along with a picture to the Board indicating that he would like to see something done. Mr. Charles Bultman, president of the Willoughby Acres Homeowners Association, stated that with regards to a special assessment, this was carried out in 1982 and 1983 to no avail as there was not quite enough interested ~arties to meet the 50% plus 1 criteria. He stated that aside from the concerns of the health and safety factors, there are other dangers involved and he would like to see the Commission approve a study to be done on the area while the Homeowners Asso·- ciation is setting up a petition for a taxing district and he would Page 15 " - - - MAY 5, 1987 also request that the County assist in the cost of this project. Commissioner Saunders questioned if there were not enough signa- tures for a taxing district, could one be set up without using the 50% plus 1 criteria, to which County Attorney Cuyler replied affir- matively, adding that he feels that a district could te set up by ordinance. Commissioner Saunders stated that one solution would be to con- duct a study on this matter and have the County Attorney investigate the funding mechanism and if a district is not set up by the petition route, then have the Ccunty Attorney prepare the necessary ordinance to establish the district and determine what the County's appropriate share would be. Commissioner Glass stated that he thinks that there are grants available that could be looked into with regards to concerns of the health and safety factor. He stated that if there are grants through the Health Department, the County could contribute their share and this may be a way to resolve some of the problems, but rapid action needs to be taken. He 3tated that he feels that the engineering design of these ditches could be handled by staff. Public Works Administrator Archibald stated that there are three different types of designs that have been looked at, adding that if storm drains were put in along Lakeland anå Euclid Avenues, the cost would be around $450,000, which would also include the pipes on both sides of the road. He stated that there are variations that were con- MO~ 104 pv,~ 12.9 Page 16 - -- _...... - - --.._~ --~- . 104n-;!UO MAY 5, 1987 sidered and there is 3ufficient outfall in that location. He stated that the system would have to meet certain criteria for dry retenti0n as established by the SFWMD so that the outfall does not create any further problems down the line. Ms. Joyceanna Rautio stated that she was involved in the first petition drive in 1983 which did not make the 50% approval. She stated that there was a l,)t of response in favor of this project and if it does move forward, she would request that the County consider taking care of the engineering and design cost in-house as well as the fill dirt and the catch basin so that the residents could have the option of the County cost list. She stated that she would like to see the Commission direct Staff to do a feasibility study. Mr. Archibald stated if directed this date, the staff could update the report from 1982 and determine what changes will be required according to regulations and then meet with the Civic Association to determine if the necessary si9natures could be obtained by petition. Commissioner Saunðers moved, seconded by Commissioner Glass and carried unanimously, that staff be directed to meet with Willoughby Acres Homeowners Association to determine the best mechanism for con- ducting a feasibility study, funding alternatives and determination on County's f.unding participation, as well as determining how much can be done in-house and if there is a possibility of health grants due to the health factor involved, and that Mr. Cuyler report back to the Board on other methods of setting up a district if the petition fails. Page 17 .. - - - .. - .. MAY 5, 1987 In answer to Commissioner Glass, County Attorney Cuyler stated that there is not a conflict of interest at this point, but there is a possibility that one will exist in the future. :Item f9Al PETITION MP-87-1C, PHILIP AND SUZANNE FESS, REQUESTING A FIVE FOOT REDUCTION FROM THE REQUIRED SIDE YARD SETBACK WITHIN NAPLES BATH AND TENNIS PUD - APPROVED Planner Weeks stated that the objective of this petition is to obtain a setback reduction to allow a lanai on the back of a single family residence. He noted that all surrounding property is zoned PUD as this is within a PUD development. He noted that the property is pie-shaped and contains less than 14,000 square feet and that the petitioner would like to have a lanai constructed while his residence is being constructed which would require a five foot reduction in the setback. He indicated that a PUQ allows for minor deviations. He noted that the lot adjac~nt t~ the south is undeveloped and is the only o~e that would be affected, adding that a letter of objection was received from this property owner indicating if this petition is approved, he would hdve to build his house smaller or move it five feet further away in order to maintain the same distances between houses. Mr. Weeks stated that a landscape buffer is a stipulation being recommended by staff if approved, adding that the CCPC reviewed this petition and also recommended approval. Commissioner Saur.-=ers questioned why this would no': be a var iance, to which Planner Weeks stated that variations are allowed subject to .&OQ~ 1041'Af.: 131 Page 18 -:- .&ODX 104 nr;~ 132 MAY 5, 1987 Board of County Commissioners approv31 within a PUD, adding that all zoning dist.icts except PUD's have to demonstrate a hardship but the language in a PUD provides for this mechanism. Tape '5 Mr. Philip Fess, petitioner, stated that for purposes of aesthe- tics and having room on the lanai, it w0uld make it difficult to have a rectangular lanai in this location. He noted that he has agreed to buffer the area to the south. commissioner Glass moved, seconded by commissioner Saunders and carried unanimously, that because of the flexibility within the PUD, petition MP-87-1C, Philip and Suzann~ Fess, requesting a five foot reduction in the side yard setback on the east side of Bald Eagle Drive, within Naples Bath and Tennis PUD be approved. Item '91\2 PUBLIC HEARING FOR THE SUBSTANTIAL DEVIATION DETERMINATION TO MARCO SHORES PUD SET FOR JUNE 23, 1987 commissioner Saunders moved, seconded by commissioner Glass and carried unanimously, that the pUblic hearing for the substantial deviation determination to Marco Shores PUD be set for June 23, 1987. :Item f9B2 FIRMS OF STEWART' STEPHEN, INC. AND COASTAL ENGINEERING CONSULTANTS, INC. TO APPRAISE THE SOUTH 3,100 FEET OF L~LY BAREFOOT BEACH - APPROVED Public Works Administrator Archibald stated that ~his is to award a contract to two firms to appraise the south 3,100 feet ~= Lely Page 19 - - - ~ - - , .' MAY 5, 1987 Barefoot Beach. He stated that a cost of $5,000 was received from Stewart & Stephen, Inc. and a cost of $3,900 was received from Coastal Engineering and he is recommending that both firms be awarded the contract. He stated that these firms can do the job within the time constraints, adding that he is also asking for approval to fund this from the General Fund reserve. Commissioner Goodnight moved, seconded by Commissioner Glass and carried unanimously, that the firms of stewart & stephen, Inc. and Coastal Engineering Consultants, Inc. be awarded the contract in the above referenced amounts to appraise the south 3,100 feet of Lely Barefoot Beach. :Item '9C1 CHANGE ORDER '10 TO MCGOVERN CONSTRUCTION FOR INSTALLATION OF PLAY EQUIPMENT AT NORTH NAPLES COMMUNITY PARK IN THE AMOUNT 0~ ~1,377.33 - APPROVED Public Services Administrator O'Donnell stated that this is at the request of the Parks & Recreation Department, adding that upon reviewing the specifications and the liability of putting this equip- rnent together, it is being recommended that a contractor do it as it would be faster and less expensive than paying staff to do it. He noted that there is money remaining in the parks funds in order to do this, noting that he anticipates having this park open prior to the BCC vacation. Mr. James Tedesco, 750 Mooringline Drive, stated that he does not feel that this money should be spent to set up this equip~ent when the Page 20 &OO~ .101Nr.~133 v{ I; I 41 - - þ- , 'M'"~"'^'"""""'""""·"-"~"-".~ 'W«_ iïíiIMi ;.::;~ ~ BODX 104 ~çt134 MAY 5, ]987 Parks & Recreation Department could do it themselves. ' Commissioner Goodnight moved, seoonded by Commissioner Glass and oarried unanimously, that Change Order #10 to MCGovern Construction tor installation of play equipment at North Naples Community Park in the amount of $4,377.33 be approved. , . Page 21 " -~ MAY 5, 1987 Item f9C3 ESTABLISHMENT OF CASE SUPERVISOR I AS A FULL TIME POSITION IN SERVICES FOR SENIORS - APPROVED Public Services Administrator O'Donnell stated that this is a request for a part-time position to be established as a full-time position in Sérvices for Seniors. He noted that this position was approved in the grant budget. Commissioner Glass move~, secon~ed by Commissioner Goodnight and carried unanimously, that the establishment of a Case Supervisor I as a full time position in Services for Seniors be approved. Item #9Dl CHANGE ORDER t3 TO THE 201 FACILITIES PLAN UPDATE FOR EAST AND SOUTH NAPLES SANITARY SEWER COLLECTION SYSTEM STUDY TO HOLE, MONTES & ASSOCIATES IN THE AMOUNT OF $56,000 - APPROVED Mike Arnold, Assistant Utilities Administrator, stated that this Change Order is to update the 201 Study and inv0.~es the collection study which is a requirement of the grant activities being pursued. He noted that on April 7, the Board approved the RFP for design of this project and it was intended that this be included in this project, adding that he was notified that he had until May 31 to submit the collection system study or the County would not be eligible for the grant. He stated that it was staff's determination that the best option would be to do a Change Order to the 201 Plan update and let the Engineers of Record continue at a cost of $56,000 that would include the collection system study and the basic groundwork. Page 22 &COÄ 104 f',\q 137 BCG~ 104 P.Aq 138 MAY 5, 1987 Commissioner Saundp.rs questioned if this had been approved by the County Attorney's office and all issues resolved, to which Mr. Arnold stated that this was not approved by the County Attorney as it is part of the Plan. Commissioner Saunders questioned if this is a legal amendment, to which County Attorney Cuyler stated that based on the documents that appear in the Executive Summary, it appears to be. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, tllat Change Order *3 to the 201 Facilities Plan Update for East and South Naples Sanita~y Sewer Collection System stUdy to HOle, Montes, Associates in the amount of $56,000 be approved subject to the County Attorney's determination that this is a legal amendment. *****IDrE: J:XX::U.1ENr N:>T REŒIvED IN CLERK'S OFFICE AS OF MAY 14 1987'***** , , Page 23 ... .. .. .. MAY 5, 1987 Item UD2 LEASE AGREE~ENT FOR THE RENTAL OFFICE SPACE FOR THE UTILITIES DIVISION WITH NAPLES COMMERCE CENTER FOR $45,902.52 A YEAR _ APPROVED Mike Arnold, Assistant Utilities Administrator, stated that this is a lease agreement for utilities space, adding that the Board authorized staff to look for space to lease. He noted that they have found a place at the Naples Commerce Center that is accessible to the public, has lhe available space, has pdrking facilities and handicap facilities as well as reasonable cost and is close to the Courthouse. He noted that the lease is $45,902.52 a year which includes main- tenance. He noted that the lease was reviewed by the County Attorney's staff and the Risk Management staff, adding that he is requesting that this lease be approved as well as the budget amendment that accompanies it. In answer to Commissioner Saunders, Mr. Arnold stated that the present space that utilities has is 3,600 square feet and this new area will consist of 5,300 square feet which will allow them to fill the vacant positions that now exist due to lack of sufficient office space. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that the lease agreement for the rental office space for the Utilities Division with the Naples Commerce Center for $45,902.52 a year be ap~roved. Page 24 ðoa~ 104 PAr.[ 13.9 ; ~ , ,( -'-""'-_.",-_.~ ·", 4f . .I if ,I, ~..~,: ~; .fJ...·'· ~, " ~ " t" . ...1'- ., -a...'''..... -.j . " ~( BOO~ 104N~~15B MAY 5, 1987 Item I9D3 EMERGENCY DECLARED. ORDINANCE 87-28 PROVIDING FOR LOCAL ENFORCEMENT OF A WATER RESTRICTION PLAN OF THE COLLIER COUNTY WATER-SEWER DISTRICT - ADOPTED WITH CHANGES. STAFF TO PREPARE PRESS RELEASE REGARDING THE MEANING OF THE ORDINANCE Mike Arnold, Assistant Utilities Administrator, stated that this is to enact an emergency ordinance for B water restriction plan for the Collier County Water-Sewer District. He stated that there has been a severe lack of rainfall in the last month and the lawn sprinkling has increased DUbstantially, putting an unreasonable demand on the treatment facility. He noted that the groundwater is up, but the plant does not have the capacity to push the water out, adding that there is usually 4.8 million gallons a day being pumped and the County is presently peaking at 6 or 7 million gallons b day. He stated that on April 24, 1987, a request was made for vOluntary restrictions for lawn sprinkling and it made no effect at all on the plðnt. He noted that plant expansion is underway and the 6 million gallon storage tank that has been completed is being used to keep up with the demand for the plant. He noted that the ordinance is a mere image of Ordinance 85-10 which is related to groundwater shortage, but has no provision for lack of treatment facility to produce the needed water and, therefore, this ordinance was proposed. He noted that penalties have been written into this ordinance. He indicated that since there was not sufficient time to advertise this ordinance, a four-fifths vote is needed to declare an emergency and enact this Page 25 - - .. ';"," ""~'C"<""""""__H'""'^,_ MAY 5, 1987 ordinance. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that an emergency exists, that the notice be waived ,and the public hearing be held. Commissioner Glass questioned if people that have potable wells will be affected, to which Mr. Arnold stated that this is strictly the users of the County system within the County Water Sewer District. Commissioner Saunders stated that with regards to Section 1, sub- part 4, that indicates further restrictions could be put on lawn sprinkling, he would surygest that if further restrictions are needed that this ordinance be brought back to the Board for ano~ner public hearing to amend it. Mr. Arnold stated that the intent is to Come back if there is a need for a total ban. Mr. Fred Vidzes of the SFWMD, stated that he supports the County's efforts with regards to this situation, adding that it is difficult to catch up with the demands due to the expansion of landscaping. He presented a model ordinance to the Board of County Commissioners relating to landscaping which could assist the Utilities Department and other staff. He stated that this information should be reviewed and the County could work out a suitable ordinance that could be adopted. Mr. John Keschl stated that he supports this emergency ordinance hut it should apply to everyone in the County, as at , the east end of 6OD~lD4:Nf;f159 Page 26 ., - !OO~ 104 p,.r,t 160 MAY 5, 1987 Tamiami Trail there is absolutely no water pressure. He noted that this type of ordinance should be put into effect during the season when the biggest load is on the system. Mr. George Keller stated that there is definitely a water problem and the more homes that are added to the system, the more problems there will be, adding that the expon6ion i6 not going to toke core of all the development that is occurring. Commissioner Saunðers moveð, s.condeð by Commissioner Glass and oarried unanimously, that the Ordinance as numbered and titled below be aðopted and entereð into ordinance Book No. 26 with the deletion ot Seotion 1, subpart 4, ðealing with hand-helð ðevioea and that Statt be direoted to is.ue a pre.. releas. as to what the ordinanoe oovers, how it will be enforceð, and who will be affected and that staff also be direoted to review the moðel orðinance for the future: ORDINANCE 87-28 AN EMERGENCY ORDINANCE ESTABLISHING REGULATIONS GOVERNING THE USE OF THE COLLIER COUNTY WATER SYSTEM FOR LAWN SPRINKLING WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY; AUTHORIZING THE COUNTY MANAGER TO IMPLEMENT SAID REGULATIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; DECLARING THE EXISTENCE OF AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Tape '6 Commissioner Hasse stated that there has been water pressure problems for a long time and the Cuunty is moving forward increasing the size of the water pl~nt and the pipe sizes but in the meantime, everyone has to be careful with the use of the water. He stated.that Page 27 ~._~~'''-',"''-~- "--~,,--..~.~,-~.-._'.. , - - - MAY 5, 1987 he would like the Manager's office, the Utilities office, and the County Attorney's office to report back to the Board on the status of the water system, the time scheduling, the progress for additional treatment facilities and the completion of the piping system. He stated that staff needs to explore the necessary avenues in regards to a moratorium in case this condition becomes worse. He stated that staff needs to take a hard look at what is being permitted to be built and report back to the commission on this matter as soon as possible. Item '9Fl NCR CORPORATION TO PREPARE, RELOCATE AND REINSTALL THE PROPERTY APPRAISER'S COMPUTER FROM BUILDING F TO BUILDING C - APPROVED NOT TO EXCEED $16,000 Assistant to the County Manager Olliff stated that NCR holds a current service contract on this equipment which would be voided if this relocation was attempted by another firm. Commissioner Goodnight moved, seconded by Commissioner Glass and carried unanimously, that the contract with NCR Corporation to pre- pare, relocate and reinstall the Property Appraiser's computer room troD Building "F" to Building "C" be approved not to exceed $16,000. Item t9F2 STAFF TO PURSUE FEASIBILITY OF MSTD FOR MAINTENANCE DREDGING OF WIGGINS PASS AND TO INCLUDE THE POTENTIAL USE OF A PRO-RATA PERCENTAGE OF BOAT REGISTRATION FEES Assistant to the County Manager Olliff stated that this item is to review the funding options for the dredging of Wiggins Pass project. ðCDK 1D4 Nr,~161 Page 28 &OO~ 104N(.s:1G2 MAY 5, 1987 He noted that this Pass was dredged in 1984 by Coastal Engineering end it wes recommended at that tima that it be done every 18 to 24 months and is therefore, in need of dredging again. He stated that there are options that would result in steady revenues for this project to be done on a regular basis, adding that one option would be to use boaters registration fees. He noted that another option would be to creete en MSTD by assessing property owners of the Pass. He stated that steff recommendation was a combination of the two, but after reviewing the current funds available, the Growth Management Committee· has plans for using the fecs from the boater registration for perks end recreation. He stated that he would recommend that staff set up en MSTD which would not be put on the Lux roll until ncxt year and this year he would request e loan [ro~ the gcneral fund to be paid back from enticipated taxes from the district. Commissioner Hasse questioned what happened to the dredging propo- sal that was going to be shareJ by the surrounding counties, to which Commissioner Glass stated that it was going to cost the same if not more, and the County could not have control over their own activities and when it needed to be done, adding that this is meeting with resistance from all surrounding counties. Mr. Olliff stated that he will work with Wiggins Pass and the pro- perty owners and send out questionnaires asking the opinion of the property owners with regards to a taxing district. He stated that an informal survey has been done and there is a large majority in favor - - Page 29 - MAY 5, 1987 of this district. Mr. Bill Funk, President of Wiggins Pass, stated that there are meny people in favor of this district. He noted that there are waterfront property owners that do not have boats and those that do as well as boaters that do not own waterfront property, adding that the boater registration is an equitable way to handle this. He stated that if a portion of these funds were used, the assessment on the district would not be that big. Ms. Evelyne Lawmasteë of Wiggins Pass stated that the Coast Guard also has a need for a n3vigable pass in case of stranded boats in pending storms. She stated that the Pass needs to be kept open and a flushing of the water needs to be provided. commissioner Glass moved, seconded by Commissioner Goodnight and oarried unanimously, that staff be directed to pursue a feasibility stu~y for an MSTD for maintenance dredging of wiggins Pass and to include the potential use of a pro-rata percentage of boater registra- tion fees. Page 30 ðOD~ 104 Pl';f 163 6D1IX 104 nq 164 MAY 5, 1987 Item 'lOB RESOLUTION 87-106 AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND AMENDATORY INDENTURE OF TRUST RELATING TO THE COUNTY'S CAPITAL IMPROVEMENT PROGRAM BONDS - ADOPTED County Attorney Cuyler stated that this second amendatory inden- ture of trust is similar or identical to the first one which the Board executed several months ago with regard to the drawdown on the $76 million bond issue. He stated that this has been prepared, reviewed anr. recommended by Bond Counsel. Commissioner Goodnight movea, seconded by Commissioner Glass and carried unanimouuly, that Resolution 87-106 authorizing the execution and delivery of a second amendatory Indenture of Trust relating to the county's Capital Improvement Program Bonds be adopted. Page 31 .. .. .. ....>,..<"'-'..,"...'._-"',..._"...~"~'......-..."'"'- ,I, ë~'" 1::," t~"." \ .,: tl¡.o' itJt·· :f, -t:. ~:, MAY 5, 1987 Item flOC AGREEMENT TO ALLOW WESTINGHOUSE COMMUNITIES OF NAPLES, INC. TO USE A PORTION OF THE COUNTY-OWNED CONSERVATION AREA IN PELICAN BAY TO PERFORM,KITIGATION ACTIVITIES REQUIRED BY DER AND ARMY CORPS OF ENGINEER PERMITS - APPROVED Dr. Proffitt, Natural Resources Management Director, stated that this agreement will allow the petitioner to perform mitigation. He noted that Westinghouse Communities of Naples, Inc. has mitigation responsibilities to perform on conservation lands in Pelican Bay now owned by the County pursuant to ArMY COE Permit #86IPT-20328. He stated that the activities include the scrape down of the back dune area comprising 3pproximately 2.5 acres to inter-tidal elevation and the connection of non-tidal ponds to I~~er Clam Bay by tidal ditches. He reported that the NRMD and Parks and Recreation have reviewed and approved this agreement and the County Attorney's office has reviewed and approved the Agreement for legal form and sufficiency. commissioner Goodnight moved, seconded by commissioner Saunders and carried unanimously, that the agreement to allow westinghouse coumunities of Naples, Inc. to use a portion of the county-owned con- servation area in pelican Bay to perform mitigation activities required by DER and Army corps of Engineer Permits be approved. Page 32 f,O¡¡X 104 ~A<;t 171 , 'j¡'<, 6no~ 104 f~r·t 176 MAY 5, 1987 Item '12B DISCUSSION ON LELY BAREFOOT BEACH - CONTINUED TO APPROPRIATE TIME Mr. Olliff stated that there has b8cn a resolution drafted and the Board of County Commissioners may wish to indicate that it is their intent to pass this resolution if necessary, adding that Mr. Dorrill is in Tallahassee with the original resolution that was passed by the Board but if the Cabinet requests additional funding, he would like the intent of the Board with regards to passing the new resolution. Commissioner Saunders stated that the Attorney General has indi- cated to him that several counties have agreed to pay up to 50% of the acquisition cost, adding that a decision needs to be made with regards to whether the County would support 50% of the acquisition cost. County Attorney Cuyler stated that this item could be held off until later in the meeting, after Mr. Dorrill calls. Commissioner Glass stated that the County should buy this property and not offer the State anymore money, adding that the County would then have complete control over it. He stated that if the County owns it, then the State needs access to their property they would have to negotiate with the County. He stated that he would not send any signal to the State at this point that the County would be willing to spend any additional money. Commissioner Hasse stated that he would be willing to spend the $1 million to have the State purchase it, but otherwise, he would suggest that the County spend the additional to purchase it and negotiate Page 33 ¡ i ¡ ~ ì \.., - - .. ""'" .. ._ - _----"II" _ .. -""'........... .. ..""............-_~_...- ,~..._.~ "' ...',.., ~.>O",,' ..".~"~..'<^'"~"'"~,"..,,. ~.___.. MAY 5, 1987 leter with the State if they need access. He stated that there is still some time left and he would rather wait to see what happens in Tallahassee, adding that he does not want to lose this beach but he does not want to keep spending the County's money. Commissioner Saunders stated that this is the last stre~ch of beach that will be in public ownership and there is merit to the County owning and operating it, but it is also going to cost the County $3.1 million plus the on-going operation cost. He noted that it will save the taxpayers more than the acquisition cost if the State owns it and they will have the responsibility of operating and maintaining it. He stated that the State has a proven track record and could handle this beach. Tape '7 Commissioner Hasse stated that the State was going to as~ the County to operate the park and beach if they purchased it, which the County would be willing to do. Commissioner Saunders ~ta~ed that the best thing would be to defer this until the last item on tne agenda before any action is taken. Commissioner Goodnight stated that she would prefer to see if the State asks for additional money from the County before the County does anything. Commissioner Saunders stated that the County is not in nego- tiations, adding that tllcre are several counties competing for State money to assist them and they are making offers to the State. He ßOQi< 104 f'''':~ 1 TI Page 34 f>~~ 10~ w,~ 178 MAY 5, 1987 noted thet the Governor is not going to call the County and ask for additional monies, but the codnties that are offering the most are the ones that the State will be looking at very seriously. Commissioner Hasse stated that this item would be taken up later in the meeting if it beco~es necessary. *** commissioner Goodnight moved, seconded by Commissioner Glass and carried unanimously, that the following items on the Consent Agenda be approved and/or adopted: Item U4Al SATISFACTION OF LIEN FOR JOSEPH DIVIT~, UNl~ 11, BLOCK 359, LOT 16, MARCO ISLAND See Page /q¡ Item 'HD1 RESOLUTION 87-107 ESTABLISHING A MAXIMUM SPEED LIMIT OF 45 MPH ON COUNTY BARN RO~D BETWEEN D~VIS BLVD. AND RATTLESNAKE HAMMOCK ROAD See Pages /9 ~ - /93 Item U4B2 FLORIDA DEPARTMENT OF T~UŒSPORTATION PROPOSAL TO MODIFY MEDIAN OPENING ON US. 41 AT COURTHOUSE ENTRANCE Item f14B3 PRELIMINARY ACCEPTANCE OF WEST CROWN POINT, PHASE I, AND ACCEPTANCE OF THE MAINTENANCE BOND FOR THE REQUIRED IMPROVEMENTS TO ALLOW RECORDING OF THE PLAT 1. The one-year required maintenance period shall commence on the date of recording the plat. See Page /q/f Item f14B4 FINAL PLAT OF NORTHGATE VILLAGE, UNIT TWO Page 35 ... .. ""^"""'~"'""'.''''_'''_~'~''H''''''~_~'''''''''''''-.''''''~-''"'~'''''''''''''''''''''''''''''.'....,.k.;_"""~____.......__,._··,_~'_ ",.,""",.,.,.-..""..~..,",'_"...._""","."...,__»..-"'.'^,""'"",,""'"~,_,__",,",,,",,",_,",,,,.,,,"".,..~,,___~.-,',H",,,",'_'."'''~'-''''''''"~''''''c"·", ~'11" ' , C ',\ '~,~':; i>J:_I.:,~ r:;J.." \~.~.:. ,', ~ \: 'h':'~( :,i! MAY 5, 1987 1. The final plat noc be recorded until the required improvements have been constructed and accepted or until approved security is received and that the final plat not be recorded until the discrepancy in street names has been resolved. Item fl4BS DRAINAGE EASEMENT DEDICATED FROM RlVERWOOD ASSOCIATES TO COLLIER COUNTY AND LOCATED WITHIN RIVERWOOD EAST, PHASE III Sce PðgC$ t9~tII)... /99 Item t14B6 PURCHASE OF ONE RAW WATER WELL EASEMENT (PARCEL 7A) FROM GEORGE L. OSTERWISE FOR THE EAST REGIONAL WELLFIELD EXPANSION See Page~ .;l. CO - ~ 01 Item tUB7 CONSENT ORDER FROM THE ~EPARTMENT OF ENVIRONMENTAL REGULATION FOR ,THE RECENT RECONSTRUCTION OF A GOLDEN GATE BRIDGE OVER CANAL A-1 See Paget.::J ð.} ...;} ,,' Item fl4B8 REVISED TERMS FOR PURCHASE OF ONE (1) UTILITY RAW WATER WELL EASEMENT FROM LARRY A. WEST FOR THE EAST REGIONAL WELLFIELD EXPANSION Item U4B9 FINANCING IN THE AMOU~ OF $24,900 FOR REMODELING OF THE MOTOR VEHICLE AREA IN BUILDING C-1 :i'OR THE TAX COLLECTOR IN ACCORDANCE WITH PROJECT APPROVAL OF APRIL 14, 1987 - BID PROCESS WAIVED AND CONTRACT AWARDED TO FLORIDA BUSINESS SYSTEMS See Page m TYrI1WT\Tr ÞS OF 'MAY J.4, 1987 Item fl4Cl ESTABLISHMENT OF PERMANENT CLERICAL POSITION FOR LIBRARY Itemfi-tc2 RECEIPT OF $13,866 ADDITIONAL FUNDS AND AMENDMENT TO THE GRANT CONTRACT WITH AREA AGENCY O~ AGING BOO^ 104 P~r,f 17.9 Page 36 MAY 5, 1987 See Page d.ð7 :Item f14C3 REVISION OF THE GRANT FOR coMMUNITY CARE FOR THE ELDERLY FUNDS REFLECTING A MINOR REDUCTION IN FUNDS AND SIGNING OF AMENDl1ENT CONTRACT WITH THE COUNCIL FOR HUMAN SERVICES OF SOUTH CENTRAL FLORIDA See Page :1."i-~()9 Item tl4C4 CONTINUATION GRANT FOR FUNDING UNDER TlIE FLORIDA COMMUNITY CARE FOR THE ELDF-RLY ACT See Page .:1. { t) ...,,:l pr Item '14D1 UTILITY EASEMENT, AFFIDAVIT AND SUBORDINATION AGREEMENT FOR ACQUISITION OF LELY ESTATES SEWER SYSTEM See Page O.R. Bcok 1266, Pages 1187-1196 Item U4D2 ACCEPTANCE OF RECIPROCAL GOVERNMENTAL AGREEMENT WITH THE SCHOOL BOARD OF COLLIER COUNTY FOR PUMP STATION SITES FOR THE SOUTH COUNTY REGIONAL WASTEWATER SYSTEM See Page 0 R RrrIk 12fifi, Pages 1197-1202 :Item f14D3 AGREEMENT WITH THE DEVELOPER OF SABAL LAKES PUD REGARDING INTERIM ON-SITE SEWAGE TREATMENT FACILITIES See Page o.n. Bcok 1266, Pages 1185-1186 Item '14E1 POSITION RECLASSIFICATION IN THB PUBLIC SERVICES DIVISION Two Animal Cont~ol Officer I's reclassified to Animal Control Officer II. Youth Guidance Counselor reclassified to Youth Guidance Specialist. Vacant Secretary I position reclassified to Secreta~y III. I, " Page 37 .. ~--"'''''''-'-'''''''''''''"'.'''' ,.._"~~,'_.."'--,--_..,-_..,',.-';'~"",..'..,.,'..,, "_.".....~;~'.",~'..' ""',',,,,.., ..~..'..,-"'-- MAY 5, 1987 Item '14G1 CERTIFICATES OF CORRECTION TO THE TAX ROLL AS PRESENTED BY PROPERTY APPRAISER'S OFFICE 1986 TAX ROLL 182 - 183 4/20/87 1986 TANGIBLE TAX ROLL 1986-211 4/27/87 Item t14G2 EXTRA GAIN TIME FOR INMATE NOS. 52637, 53928, 41821, AND 42510 Item 'UG3 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER See Pages d} It. - ~~~ Item #UH1 BID '87-1089 FOR VOTING STATION BOOTHS FOR SUPERVISOR OF ELECTIONS _ AWARDED TO BUSINESS RECORDS CORPORATION IN THE AMOUNT OF $38,187.50 ' Legal notice having been published in the Naples Dai~y News on March 11, 1987, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid #87-1089 for voting station booths for the Supervisor of Elections until 2:30 P.M., March 25, 1987. Item f14H2 PAYMENT TO EAST NAPLES FIRE DISTRICT FOR $9,551.60 BALANCE OF AD VALOREM TAXES PLUS INTEREST IN THE HENDERSON CREEK FIRE DISTRICT FUND .. &OO~ 104 p,r;r 181 Page 38 "r¡¡ ~",",-",~-,,~.-..,...... ("'~_"____""__M""''''~'''" ~~,..", &OOX 104 p.\çr 182 MAY 5, 1987 ttem tUG MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Chair directed that the following miscellaneous correspondence be filed and/or referred to the various departments as indicated below: 1. Copy of letter dated 4/21/87 to Mr. Robert E. Furlong from John F. Adams, Chief, Regulatory Division, Dept. of the Army, enclosing an original anñ a copy of an unsigned permit for a 41-acre community active recreational park. xc: Neil Dorrill; Kevin O'Donnell (or g.); Cliff Crawford; and filed. 2. Letter dated 4/21/87 from Thomas G. Pelham, Secretary of Dept. of Community Affairs, advising that DCA, in conjunction with the FCDA, will hold a workshop for all potential applicants for the Federal Fiscal Year 1987 Small Cities Community Development Block Grant program competition in the Economic Development & Commercial Revitalization categories. xc: Neil Dorrill; Dave pettrow; Wanda Jones; and filed. 3. Letter dated 3/30/87 from Gordon L. Guthrie, Director, Dept. of Community Affairs, enclosing the DCA amended Post-Disaster Redevelopment Rule, Chapter ~G-13, Florida Administrative Code (FAC). Referred to Neil Dorrill; David Pettrow; Bill Wagner; and filed. 4. Letter dated 4/09/87 from Robert W. McVety, Chief, Bureau of Waste Management, DER, enclosing a draft copy of the proposed Chapter 17-65, F.A.C. Referred to Neil Dorrill; Bill Lorenz; and filed. 5. Letter dated 4/24/87 to Walter Dieniek, from Craig D. Schmittler, Environmental Specialist, DER, regarding County File No. 111319525 - Water Main Installation. to Neil Dorrill; Tom Crandall; and filed. Collier Referred 6. Letter dated 4/24/87 to Evelyn D. Stewart, Adventures in Paradise, from Richard White, Administrator, DNR, advising of advance notice of expiration, Permit File No. CO-89 Ml - Collier County. Referred to Neil Dorrill; Dr. Proffitt; and filed. 7. Letter dated 4/06/87 from George W. Percy, State Historic Preservation Officer, Florida Department of State, advising that Naples Historic District has been proposed for nomination Page 39 ... -",.-.---".........".'-, .-,,',.-,'~. '^,,·..,,·,,·,·,~--~.,.._,._,__,"~,_,_.._...P_,,_'""""""'_...__"'"_''"..._¡"''..-...4.....-.-....__",', MAY 5, 1987 for listing in the National Register of Historic Places, and enclosing fact sheets. Referred to Neil Dorrill; Dr. proffitt; Kevin O'Donnell; Ron Jamro; and filed. 8. Letter dated 4/06/87 from George W. Percy, State Historic, Preservation Officer, Florida Department of State, advising , that Keewaydin Club, Key Island, has been proposed for nomina- tion for listing in the National Register of Historic Places, and enclosing fact sheets. Referred to BCC; Neil Dorrill; Dr. Proffitt; Kevin O'Donnell; Ron Jamro; and filed. 9. Letter dated 4/17/87 from David L. Reeves, Chief, Golden Gate Fire Control & Rescue District, advising that all future fire commission meetings will be held in the fire station, located at 4741 Golden Gate Parkway. xc: Filed. 10. Minutes: A. 04/15/87 - CCPC Citizens Advisory Committee B. 04/07/87 - Marco Island Beach Renourishment C. 03/26/87, 0¿/04/87, 02/11/87, 02/18/87, 02/25/87, 03/04/87, and 03/09/87 - City of Naples D. 03/2~/87 - Library Advisory Board 11. Letter dated 04/24/87 from Kim Hollan, Credit Manager, Acousti Engineering Co. informing that interior finishes were fur- nished for Building G, Collier County. Referred to Neil Dorrill; Skip Camp; and Filed. 12. Letter dated 04/20/87 to James Giles, Clerk of the Board, from, James P. Ward, Assistant District Manager, enclosing a copy of. the Annual Financial Statement for the year ending September ' 30, 1985, and a copy of the Annual Financial Report of Units of Local Government 1985 for the Pelican Bay Improvement District. xc: Filed. 13. Memorandum dated 04/24/87 to All Interested Persons, from Steve Tribble, Director, Records & Reporting, pub15= Service Commission, advising of agenda for Commission Conference. Referred to Bruce Anderson; and Filed. 14. Received on 04/27/87 Motion to withdraw as Co-Counsel and response of Public Defender Twentieth Judicial Circuit, Second District Court of Appeal, to en banc Order to show cause on prosecution of criminal appeals by the Tenth Circuit Public Defender and by other public defenders dated March 31, 1987. Referred to Ken Cuyler; Jim Giles; and Filed. 15. Letter dated 04/27/87 from Robert E. Hooker, Jr., Operations Supervisor, Tax Collector, Lee County, regarding Computer Page 40 800;( 104 f'~q: 183 , r. " .,'."""'".._,"___....'""......_...k>"'......_______,_..,_"'....X'.'";-,~.",-'"- ~,"';_",....._'.;,_'"'.'"';a_.~".'.,~"'.""_,__~"..'~,,,;,4'o'"~',",'··N....·...',·'".','''"''-·,.~.....-:, ~'-,......._,......"", ~oox 104 f~r.!: 184 MAY 5, 1987 Output Microfilm/-Microfishe Processing. Referred to Guy Carlton; Neil Dorrill; and Filed. *** ..... Recess: 12:20 P.M. - Reconvened: 2:00 P.M. ..... at which tim~ Deputy Clerk Kenyon replaced Deputy Clerk Rueter. ADDED EMERGENCY DECLARED AND ORDINANCE 87-29 AMENDING AN EMERGENCY ORDINANCE 87-28 FOR A WATER RESTRICTION PLAN FOR A PORTION OF THE COLLIER COUNTY WATER-SEWER DISTRICT - ADCPTED Assistant Utilities Administrator Arnold stated that Ordinance 87-28, adopted earlier in the day, states thac water restrictions be placed on the entire County Water-Sewer District and that the emergency only exists in the portion of the District served by the Regional Water Treatment Plant. Mr. Arnold distributed a map. depicting the area in question and stated that the Ordinance provides the mechanism to target specific area~ within the district. He also stated that this Ordinance addresses only operational problems and refers to County supplied water rather than groundwater. In answer to Deputy ~hief Barnett, Commissioner Glass explained that the Ordinance applies only to water supplied by Collier County and if residents have a well, they may use it for irrigation. In answer to County Attorney Cuyler, Mr. Arnold stated that the SFWMD deals with groundwater and this Ordinance only deals with operational problems and deficiencies in treatment capacity and will need a targeted area for the particular facility experiencing the Page 4 .. .. .. -- ----..- ...,"-",.._--.'.,.'^ - ~y 5, 1987 problem. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that notice be waived, a public hearing be con- ducted, apd an emergency be declared. t', I ". \. , " Còmnilssionèr Glass moved, seconded by Commissioner' Saunders' and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 26: ORDINANCE NO. 87-29 Item IllA AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 87-28 WHICH ESTABLISHED REGULATIONS GOVERNING THE USE OF THE COLLIER COUNTY WATER SYSTEM FOR LAWN SPRINKLING; AMENDING SECTION ONE, REGULATIONS, TO PROVIDE THAT THE REGULATIONS ARE ESTABLISHED WITHIN A ~ESIGNATED PORTION OF THE UNINCORPORATED AREA OF COLLIER COUNTY AND ARE IMPLEMENTED WITHIN SAID PORTION OF THE UNINCORPORATÉD AREA; DECLARING THE EXISTENCE OF AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. BUDGET AMENDMENTS 87-259; 87-261/263; 87-265/267; 87-269 _ ADOPTED Commissioner Goodnight moved, seconded by Commissioner Saunders aDd oarried unanimously, that BUdget Amendments Nos. 87-259; 87-261/263; 87-265/267; 87-269; be adopted. Item 'UD PRESENTATION OF ANNUAL A~DIT - NO ACTION Clerk Giles stated that the annual audit will be presented by Finance Director Yonkosky and Mr. Ron Wood, Rogers, Wood, Hill, Starman & Gustason, P.A. !DOX 104 P~~! 185 Page 42 " ; {l.~ j t ¡ 'I , I ¡ ," , .__..."~ &CD~ 104"Af,f 186 MAY 5, 1987 Finance Director Yonkosky presented the Board with copies of documents containing the Fiscal Year 1986 annual audit, the annual financial reports for Collier County, and the financial reports for the Constitutional Officers. Mr. Wood stated they examined the general purpose financial state- ments of Collier County [or the year ended September 30, 1986 and have issued their report dated January 9, 1987. He stated their examina- tion was made in accordance with generally accepted auditing standards' and the standards for financial and compliance audits contained in the Standards for Audit of Governmental Org~nizations, Programs, Activities, and Functions, issued by the U. S. General Accounting Office, and included tests of the accounting records and other auditing procedures considered necessary. Mr. Wood stated that in the opinion of the external auditors the general purpose financial statements present fairly the financial position of Collier County at September 30, 1986, the results of its operations, and changes in financial positions. He stated that the other components of the report were Subjected to the same auditing standards and have been included for the Board's information. Mr. Yonkosky advised that in general terms Collier County has received a clean audit and has received an unqualified audit opinion for the last several years. He stated that the Financial Statements are divided into three sections: 1) introductory, 2) financial sec- tion, and 3) statistical section. He stated that the purpose of this Page 4 .~ - - ..... ...-..">",,.-,"-. MAY 5, 1987 report is to communicate how much cash flowed into the County and how much flowed out during Fiscal Year 1986. He noted that the County is required to prepare and publish annually a Comprehensive Annual Finan- cial Report that encompasses all funds and account groups. Mr. Yonkosky stated thal the Introduc~ory Section of the'report not only familiarizes the reader with the organizational structure, nature and scope of the services provided, and the specifics of its legal environment, but in addition makes comparisons between last year, and this year. He stated that in a three-year period the annual operation budget has doubled and shows a significant increase in the services provided. He said that 56% of all general revenues, excluding utilities, came from ad valorem and gas taxes. He stated that intergovenmental revenues represent 23% of the total general government revenues for the County. Mr. Yonkosky stated that 1982 was a key year in Collier County because of three factors which have resulted in the increased revenues: 1) increase in assessment base, 2) millage rates have decreased, and 3) Collier County has started participating in user gas taxes. Mr. Yonkosky reported that overall Collier County appears to be in a very good financial position with an unreserved general fund balance of approximately $7,260,000 and County wide the unreserved general fund balances are approximately $11,000,000. He also noted that every bond covenant was met during Fiscal Year 1986. He stated that Page 44 800;< 104 p~,;! 187 -- -~-~._. M+,._,....'''"''__.. ....'-- BO )~ 104 PAf,f 188 MAY 5, 1987 interest earnings were over $5,000,000 and this is very significant because interest earnings represent a~~roximately 6.7% of total revenue for the County.' He stated that 24¢ of every dollar spent went to public safety. Tape IS Mr. Yonkosky explained a graph showing that in 1982, when the Trim Bill was passed, the General Fund reserve dropped to a critical level of approximately $2,200,000 and at the present time it ha~ reached the 1979 level of over $7,000,000. He noted that the County needs approximately 3 to 5 million dollars to keep the cash flow up before taxes are paid. Mr. Yonkosky stated that Collier County's ratio of Debt to Assessed Value is .0013%. He said that Collier County is 24th in population in the State and its debt ratio was 47th in the State. He then gave Some comparisons of other counties debt ratios. Mr. Yonkosky stated solid waste was one of the most profitable funds in FY-1986, and approximately SO¢ out of every $1.00 fell to the bottom line. He stated there were several significant economic events which OCcurred during FY-1986: 1) negotiated settlement of pending litigation and subsequent purchase of the East Naples Water System; 2) issuance of the $76,000,000 Bi-Modal Capital Improvement Bond issue; and 3) collections of road impact fees. Mr. Yonkosky stated that the timely response and implementation of the Comprehensive Plan with the Citizens Advisory Committee regarding Page 45 " - - - MAY 5, 1987 Growth Management positions Collier County as a forerunner in the State to tackle this problem. Mr. Yonkosky stated that the Financial Statements in Section Two are set up like a pyramid, highly condensed at the front of the book and get more and more detailed as you read through the section. He then briefly went over the financial statements and advised where cer-, tein information is found. Mr. Yonkosky stated that the GtatiRtical Section presents non- economical data over a period of time, such as the largest taxpayers in the County, the largest employer3 in the County, etc. Mr. Yonkosky stated that there are separate sections for each of the Constitutional Offi;ers, however, their information is also included in the overall report. He stated the last sections of the report are comprised of the external auditor's report on compliance and ~ollier County's answers and correction actions. -Mr. George Keller, Col~ier County Civic Federation, stated that he has_ read the report and feels the County is in good financial shape. - Item U2B -/", . DISCUSSION ON LELY BAREFOOT BEACH - CONTINUED Commissioner Glass moved, seconded by Commissioner Saunders and carried 3/0, (Commissioners Pistor and Goodnight absent), that the discussion on Lel} Barefoot Beach be continued until atter they receive word from Acting County Manager Dorrill. *** Mi¡¡~ 104f'~q:189 Page 46 " ) I ", .'-..._.~'~~<..,...-_. .'....,'~ .'..'"..".,".,~,<.'--".""'''''_.."... ~·~""'---_.._---,,""'-~-~--""_"'_'.""'",u._'.,"~.. tot];( 104 ""r~ 190 MAY 5, 1987 There being no further business for the Good of the County, the meeting was adjour.ned by Order of the Chair - Time: 2:50 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST: \\1 R' JAME~~"Ç:,~GTLe~~1' ,ÇLERK ~.~.....~__,.'. ¿J ~.¡'-' ~ : ~\:, ·'~~Ái.C '. ~ f ... - . r-:. ~. 1, .,-' \,--.1, <::. ~~ -... ~1~ ; :'~\j.) .: ~ T.þ~,e!iHnu~~ approved by the Board on 7J7a¿¡ /9/ ¡tiP 7 as pr~se~£~d~~ or as corrected -" .. .. .-. .~ --...........- --__,---:r:~___ ---_._--,_.....~- - Page 4