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BCC Minutes 08/12/1986 R ~....-:... -',.- .. - .. Naples, Florida August 12, 1986 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: CHAIRMAN: John A. Pistor VICE-CHAIRMAN: Anne Goodnight Frederick J. Voss Max A. Hasse C. C. "Red" Holland ALSO PRESENT: James C. Giles, Clerk; Carmen Ruiz and Maureen Kenyon, (2:00 P.M.) Deputy Clerks; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager; Pam Brangaccio, Deputy Assistant County Manager; Ken Cuyler, County Attorney; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; Joseph E. Magri, Building Code Compliance Director; Thomas T. Crandall, Utilities Administrator; Dave Pettrow, Zoning/Planning Director; Sue Filson, Secretary to Board of County Commissioners; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 aDO~ 096 PAG£ 143 lOOK 096I'Ar.! 152 August 12, 1986 Tape f1 Ite. f1 AGBNDA - APPROVED WITH ADDITIONS commissioner Voss moved, seconded by Commissioner Hass. and oarried unanimously, that the agenda be approved with the following additions: 1. lOB - Request for Board authorization to take necessary action to require compliance with Lely PUD commitments. Added by County Attorney Cuyler. 2. 12E - State Attorney Joseph D'Alessandro to address the Board at 11:30 A.M. Item U MINUTES OF JULY 22, 1986 - APPROVED AS PRESENTED Commissioner Voss moved, seconded by Commissioner Hasse and oarried unani.ously, that the minutes of July 22, 1986, be approved as presented. Ite. f3 BMPLOYEB SBRVICB AWARD - PRESENTED TO HAROLD HUBBR, BNGlNEBRING It.. f4 RESOLUTION 86-136 RE PETITION AV-SS-01S, AGRO RESOURCES CORP., REQUESTING VACATION OF ALL LOTS, ROADS, ALLEYWAYS AND BASBMENTS LOCATED IN NORTH GOLDEN GATE, UNITS 1-7 SO PETITIONER MAY REPLAT _ ADOPTED Public notice having been published in the Naples Daily News on July 27 and August 3, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed resolution re Petition AV-8S-0IS, filed by George L. Varnadoe of Page 2 ~ - -.; -~ -;~¡,;;; .. .. August 12, 1986 Young, van Assenderp, Varnadoe & Benton, representing Agro Resources Corp., requesting vacation of all lots, roads, alleyways and easements located in North Golden Gate, Units 1-7 80 petitioner may replat. Public Works Administrator Archibald stated that the area is comprised of approximately four square miles and 2,800 acres, and the vacation as outlined has been reviewed by staff, and all "Letters of No Objection" have been received. He added that George Varnadoe, representing the owner, is present to answer aný questions. Commissioner Pistor asked if this was a zoning petition that the Board approved awhile ago for an agricultural and multi-family deve- lopment? Mr. Archibald stated that the question should be answered by the representative because this vacation is also subject to an agreement between the County and the property owners. Attorney Varnadoe stated that this request is more in terms of cleaning up the aftermath of the agreement between the County and land owner for rezoning the property to an agricultural development with some residêntial development, and this will get the old North Golden Gate plat off the books. He said he has the original "Letter of No Objection" from Florida Power & Light which he submitted for the record. Commissioner Hasse asked if this would impact the 600 acres of ðgricultural land that would remain as a citrus grove? Attorney Varnadoe answered "No," that some 9,000+ units were platted and this is to remove that plat from the records so the development that aDDK 096 PAG£ 153 Page 3 0961'ACt 154 August 12, 1986 was approved by Board in January can go forward, which will come for platting at a later date. He indicated that the citrus area will be set aside as per the agreement. Commissioner Voss moved, seconded by commissioner Holland and oarried unanimously, that the public hearing be closed. Commissioner Voss moved, seconded by Commissioner Holland and oarried unanimously, that Resolution 86-136 re Petition AV-8S-015 requesting vacation of all lots, roads, alleyways and easements located in North Golden Gate, Units 1-7, so Petitioner may replat, be adopted. Page 4 .. ........-.....- .-. .. _.~.. - August 12, 1986 It.. IS RESOLUTION 8'-137 RE PBTITION SNR-86-4C, WAYNE LUTTER, REQUESTING STREBT NAHB APPROVAL FOR LUTTER LANE - ADOPTBD . Legal notice having been published in the Naples Daily News on July 27, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SNR-86-4C, filed by Wayne Lutter, requesting street name approval for Lutter Lane, the entry street to Wagon Wheel Trailer Park, intersecting Immokalee Road, in Section 27, Township 47 South, Range 27 East. Zoning/Planning Director Pettrow stated that the petitioner is requesting the street name Lutter Lane for emergency identification and mailing purposes, and there are no streets presently using this name or a similar sounding name. He added that Lutter Lane is the entry street to the Wagon Wheel Trailer Park, approximately a half mile south of the Corkscrew Fire Rescue Station, and the Petitioner is requesting the name in honor of his deceased wife. He indicated that staff recommendation is for approval. Comaissioner Voss moved, seconded by Commissioner Basse and oarried unanimously, that the pUblic hearinq be olosed. Commissioner Voss moved, seconded by Commissioner Hasse and oarried unanimously that Resolution 86-137 re Petition SNR-86-4C, Wayne Lutter, requestinq street name approval for Lutter Lane, the entry street to Waqon Wheel Trailer Park, intersecting Immokalee Road, be adopted. BOOK 096 PACt 157 Page 5 ~.. ! . ~ f ~ ~ - August 12, 1986 Item f& RESOLUTION 86-138 RE PETITION SNR-86~6C, DICK CLARK REPRESBNTING HARRY C. GOOD, REQUESTING STREET NAME APPROVAL OP SALT ALLEY _ ADOPTBD Legal notice hðving been published in the Naples Daily News on July 27, 198€, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SNR-86-6C, filed by Dick Clark, representing Harry C. Good, requesting street name approval for Salt Alley which runs north and south intersecting Green Blvd. 100' feet west of C.R. 951. Zoning/Planning Pettrow stated that the petitioner is· requesting the street name approval of Salt Alley for emergency identification and delivery purposes, adding that there ar~ no streets presently using this nðme or a similar sounding name. He indicated that Salt Alley runs behind the commercial lots in Blocks 73 and 74 in Golden Gate City, Unit 2, intersecting Green Boulevard lOa feet west of C.R. 951. He said, that at present, deliveries are made to the rear entrance of businesses located on C.R. 95l and 40th Terrace S. W. and naming the alley will ðssist delivery vehicles. He noted that staff has no objection to the renaming of the street. Commissioner Holland asked if this alley was paid for by assessment to property owners? Assistant County Manager Dorrill answered affirmatively. Coamissioner Voss moved, seconded by Commissioner Hasse and oarried unanimously, that the public hearing be closed. 8DD~ 096 ,,~r,! 15.9 Page 6 lOOK 096 p~~t 160 August 12, 1986 Commissioner Voss moved, .eoonded by Commissioner Hasse and oarried unanimously that Resolution 86-138 re petition SNR-86-6C, Diok Clark representinq Harry C. Good, requestinq street name approval for salt Alley running north and south intersectinq Green Blvd. laO' west of C.R. 951, be adopted. Page 7 - - - '* i!;;' ,,1't~. ~: ~- t;k~;...... ,.;. t' ~1~~~;' ~. 'i, ...." :l, .J), ,'" . aDaK 096 PA~t 162 August 12, 1986 Ita '7 ORDINANCB 86-42 RE PBTITION PDA-86-6C, CHARLES B. TURNER RBPRBSENTING WBSTINGHOUSB COMMUNITIES O~ NAPLBS, INC., REQUBSTING AMBNDMENT TO PBLICAN BAY PUD ORDINANCE 77-18 RE SIGNS - ADOPTBD Legal notice having been published in the Naples Daily News on July 11, 1986, as evidenced by Affidavit of 'Publication filed with the Clerk, public hearing was opened to consider Petition PDA-86-6C, Charles E. Turner representing Westinghouse Communities of Naples, Inc., requesting amendmcnt to Pelican Bay PUD Ordinance 77-18 pro- viding for project identification signs to be erected in Pelican Bay in all land use categories at major intersections and entrances. Planner David Weeks stated that the petitioner is requesting an amendment to the Pelican Bay PUD to allow project identification signs in addition to what the Zoning Ordinance allows. He said that the property is located on the west side of U.S. 4l, north of Pine Ridge Road and south of Vanderbilt Beach Road. He indicated that the Pelican Bay PUD currently allows signs in accordance with the Zoning Ordinance in effect at the time of application for construction per- mits, and the proposed amendment would allow two deviations: 1) Project identification signs up to 250 square feèt in aggregate to be allowed at the northwest corner of the intersection of Seagate Drive and U.S. 41 and at the southwest corner of the intersection of Vanderbilt Beach Road and U.s. 41; 2) Signs up to 100 square feet in aggregate at each of five main entrances to Pelican Bay PUD, one along Vanderbilt Beach Road, one along Seagate Drive, and three along U.s. 41. Page 8 .. --'-.- ~ -- .... .-~._- -- - ~ ~ --- _ _... -Tft .. .. August 12, 1986 Planner Weeks said that the propose~ height and setback would be what the Zoning Ordinance allows. He added that the PUD zoning district exists, in part, to allow greater flexibility; however, in almost all PUD's there is no flexibility in regards to signs, they always contain language in accordance with the Zoning Ordinance. He noted that due to the size of Pelican Bay's PUD, 2,100 acres allowing up to 9,600 dwelling units and 99 acres of commercial, and the uses and location, the staff feels that the request is reasonable and has no objection to the proposed amendment. He noted that that there are four stipulations: l) No protected plant ~pecies shall be removed to accommodate the proposed signs; 2) Should any of the signs be requested to be placed within pUblic right-of-way, a right-of-way per- mit must be applied for and approved; 3) All signs shall be located so as not to cause sight distance problems; 4) All signs shall require sign permits and other applicable permits prior to construction and/or erection. Planner Weeks said that the Planning Commission heard this peti- tion on June 19, 1986, amending the first stipulation as noted in the ExecutIve Summary, and voted to forward the petition to this Board for approval subject to the Staff stipulations, including the first amended stipulation. He noted that no one spoke for or against the petition at the Planning Commission hearing, but 3 letters have been received objecting to the additional signs within the project. He concluded by saying that the recommendation is for Board approval sub- ject to the Planning Commission's recommendations. Page 9 ~OD~ 096 P~Gt 163 ~ ~.;: 'f1,.' iji~ .,' ~; ,I'fl.~'.'.'...'......' . ,)i, :, ir ~.i!:... .....:..".. ci·· ~/~:;;., 096nr.t 16! August 12, 1986 In answer to Commissioner Pistor, Mr. Weeks replied that entrance signs are allowed by the Zoning Ordinance but not along boundaries. Commissioner Hasse asked if there are signs posted. now? Mr. Weeks answered that· there are two signs at two corners of the project which do not conform with the Ordinance because there is an applica- tion being processed whereby all enforcement has ceased until this is resolved, and should this amendment fail, the project will be asked to take those signs ~own. coamissioner Voss moved, seoonded by Commissioner Holland and aarrie4 unanimously, that the publio hearinq be 0108e4. Coamissioner Voss moved, seconded by Coamissioner Ho11anð and oarried unanimously, that the Ordinance as numbered and entitleð below amendinq Ordinance 77-18, be adopted and entered into Ordinanoe Book '24 and that the Petitioner's Aqreement be acoepted: ORDINANCB 86-42 AN ORDINANCE AMENDING ORDINANCE 77-18, THE PELICAN BAY PLANNED UNIT DEVELOPMENT ORDINANCE, BY AMENDING THE PRESENT SECTION II, BY ADDING A NEW SECTION 2.16 TO PROVIDE FOR PROJECT IDENTIFICATION SIGNS, TO BE ERECTED WITHIN PELICAN BAY IN ALL LAND USE CATEGORIES AT MAJOR INTERSECTIONS AND MAJOR ENTRANCES; PRO- YIDING DEVELOPMENT STANDARDS; AND BY PROVIDING AN EFFECTIVE DATE. :~' - - - Page 10 lOOK 096 nq 166 August 12, 1986 Item f8 STREBT LIGHTING MUNICIPAL SBRVICB TAXING UNITS CREATBD AS FOLLOWS: ORDINANCE 86-43, FOXFIRE UNITS 1 , 3; ORDINANCE 86-44, IMPERIAL GOLF BSTATES 4; ORDINANCE 86-45, KINGS LAKE UNIT 4; ORDINANCB 86-46, LOCH LOUISB; ORDINANCE 86-47, RIVIERA GOLF ESTATES UNIT 2; ORDINANCE 86-48, TIMBERCREEX PHASE 2 (LELY COUNTRY CLUB) - ADOPTED Legal notices having been published in the Naples Daily News on June 22, 1986, as evidenced by Affidavits of Publication filed with the Clerk, public hearing was op~ned to consider the creation of Street Lighting Districts in certain subdivisions in Collier County. Public Works ~dministrator Archibald stated that the property owner associations or developers have requested that the following six lighting districts be created in accordance with.the County's Subdivi- sion Regulations; Foxfire Units 1 & 3, Imperial Golf Estates 4, Kings Lake Unit 4, Loch Louise, Riviera Golf Estates Unit 2, and Timbercreek Phase 2. He indicated that if the ordinances are approved, it would allow the design to begin in the districts to be created and taxes levied in the upcoming year, 1987-88. County Manager Lusk asked if said districts will become part of the rest of the taxing district? Mr. Archibald answered that they could after the districts are created and the lights are installed, and it is determined that the applicable lighting rates are comparable. Mr. Archibald pointed out that these districts will be created as separate taxing districts and, at a future point, when the districts are in operation, they may be subject to a change·which would incorporate them into an existing district. Page 11 - - ... - --<!'.. - ---- ----.------- - --.----...-.--.--.-.-- ._.- - - ..-.-, -'.'-'--.-- - - - August 12, 1986 . County Manðger Lusk stated that sometimes the home owner'. ðSSO- ciations pay the light bills, and questioned what they would do if the bills were higher in one part than another. Mr. Archibald stated that it is best to keep those districts separate for that reason. Commissioner Hðsse asked if the charges ðre based on the number of lights? Mr. Archibald answered "Yes," and also in accordance with the type of lights and fixtures. Commissioner Voss stated that he lives in Imperiðl Golf Estates Unit 1, ðnd that may be construed by some people as a conflict of interest, therefore he will not vote on this matter. Commissio~cr Hasse asked if the people living in the particular areðs vote on this? Mr. Archibald stated most of these districts are in the d~velopment stages so all that is required is that the deve- loper make the request to the County. Commissioner Hasse ðsked if the bills are given to the property owners, ðnd Mr. Archibald said "Yes," after the development occurs and the lots ðre sold and the civic associðtion takes over; but, the MSTU would be sending tðx bills to all the individual owners within the area. County Attorney Cuyler stated that each district requires a separate ordinance and each one has to be acted upon individually. He asked Commissioner Voss if he was subject to paying taxes under the provisions of one of these ordinances? Commissioner Voss answered "No," that this one is Imperial Golf Estates Unit 4 and the other three are under the County's lighting district. County Attorney 800K 096 PAGf 167 . Page 12 ~~...};J.' 1"~~.'~>,·-" ~ \{tt / :I;'~\~ ...4=-....~;~: aDOt . 096 n~ 168 . ~\'~;? ,.,,(r ';-:'., , , ~"J'r ~\ ; August 12, 1986 Cuyler stated that as long as he is not, there is no financial effect on him, either a benefit or a detriment, so there would be no conflict. Commissioner Holland asked if there has been any opposition to this issue or has there been any correspondence indicating that the people did not want this? Mr. Archibald stated he did not know of any, but according to th~ Subdivision Regulations, it is required. Commissioner Pistor asked if there was anyone present to speak on this issue, and Mr. Dorrill answered negatively. commissioner Voss moved, seconded by Commissioner HaS.8 and carried unanimously, that the public hearing be closed. commissioner Voss moved, seconded by Commissioner Ha..e and oarrieð unanimously, that the Ordinanoe as nUlRbereð and entit1eð below be adopted and entered into ordinance Book '24: ORDINANCE 86-43 AN ORDINANCE CREATING THE FOXFIRE UNITS 1 & 3 STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; . PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FO~ CONSTRUCTION AND AN EFFECTIVE DATE. commissioner GOOdnight moved, seconded by commissioner Hasse and carried unanimously, that the Ordinance as nUlRbered and entitled below be adopted and entered into ordinance Book '24: ORDINANCB 86-44 AN ORDINANCE CREATING THE IMPERIAL GOLF ESTATES 4 STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; . PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE .. .. .. Page 13 ¡if I" ~" ~r' o,"t,_ "" 11<~',. , I~~;·:, , ~"I:' . ",>'" , ..,'Iv' ~?~, ·:.!,··t~.f ' . ' '. ~. .. .. .. August 12, 1986 GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. Commissioner Hasse moved, seconded by Commissioner Holland and oarried unanimously, that the ordinanoe as numbered anð entitleð below be adopted and entered into Ordinanoe Book '24: ORDINANCB 86-45 AN ORDINANCE CREATING THE KINGS LAKE UNIT 4 STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. Comaissioner Hasse moved, seconded by Commissioner Holland and carried unanimously, that the Ordinanoe as numbered and entitled below be adopted and entered into Ordinance Book '24: ORDINANCB 86-46 AN ORDINANCE CREATING THE LOCH LOUISE STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDINC FOR CONSTRUCTION AND AN EFFECTIVE DATE. Commissioner Holland moved, seconded by Commi8sioner HaS8e anð oarrieð unanimously, that the ordinance as numbereð and entitled below be adopted and entered into Ordinanoe Book '24: ORDlNANCB 86-47 AN ORDINANCE CREATING THE RIVIERA GOLF ESTATES UNIT 2 STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY :. . . Page 14 lODX 096 PA(,~ 16.9 -.......... .- ----.-- ----.---. .__..._. August 12, 1986 OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS¡ PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. commissioner Voss moved, seoonded by commissioner Hass. and oarried unani.ously, that the Ordinanoe as numbered and entitled below be adopted and e~t.red into Ordinanoe Book '24: ORDINANCE 86-48 AN ORDINANCE CREATING THE TIMBERCREEK PHASE 2 (LELY COUNTRY CLUB) STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. Item f9 APPROVAL OF ADVERTISEMENTS FOR ORDINANCBS BY BUILDING DIRECTORr NEW BUILDING CODZ ORDINANCES ADOPTED (UNABIMOUS) AS FOLLOWS: ORDINANCB 86-49, STANDARD BUILDING CODEr ORDINANCE 86-50, HBCHANICAL CODBr ORDINANCE 86-51, PLUMBING CODE; ORDINANCB 86-52, GAS CODBr ORDINANCE 86-53, ELECTRICAL CODE; ORDINANCE 86-54, FIRE PREVENTION CODE. Legal notice having been published in the Naples Daily News on July 11, 18, 25 and August l, 1986, as evidenced by Affidavits of Publications filed with the Clerk, public hearing was opened to con- sider repealing existing Building Codes and adopting new current Building Codes. County Attorney Cuyler stated that as a result of the Commission being on vacation, he and the Building Director, Joseph Magri, agreeð to have the proposed ordinances advertised for public hearing, in accordance with the Statutes, and it would be appropriate for· the Board to ratify Mr. Magri's action. Page 15 .. .. .. August 12, 1986 Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, tbat tb. action taken by the Building Di~ector, Josepb Magri to adverti.. the cbanges in tbe Building Cod.. and tbe Fire Code, be approved. Joseph Magri, Building Code Compliance Director, stated that staff is proposing that the existing Building Codes and Plumbing, Mechanical, Gas, P.lectrical and Fire Prevention Codes be repealed, and that the new 1985 Edition to the Standard Building Code a~d related codes be adopted. He added that the 1984 National Electric Code NFPA 70 and the 1986 National Fire Protection Association Code should also be adopted. He indicated that State Statutes require that the County adopt Building Ordlnances equival~nt or more stringent than the State. He added that the recommendation of staff is for the Board to adopt the new Building Codes. Commissioner Pistor asked if the changes in the Building Codes are major or minor? Mr. Magri stated that they are mostly minor, but two major changes are that the County is requiring a survey on properties by an engineer, and the extension on permits has been changed to a maximum of a year and a half; 6 months are allowed upon receiving an application for permits, then there are four 90-ðay extensions allowed after that first 6 months, and there would be a fee for each Tape f2 extension. Commissioner Pis tor asked if justification is required for an extension? Mr. Magri stated that the fee for each extension will lOOK 096 I'm 171 Page 16 - 'l~".:; try. r ':t lOOK C96 F£r,t 172 '4') .¡:. ¡".; '" ~,'" ,/j August 12, 1986 be equal to 10% of the original building permit fee or $100, whichever is greater, but will not exceed $500; the filing fee will cover the cost of reviewing the existing or amended building plans to determine and verify code compliance. Commissioner Hasse asked if there are individual inspectors, pro- ficient in their fields, for electrical, plumbing, mechanical, gas, and fire? Mr. Magri answered affirmatively, but said some inspectors are certified to inspect more than one field. He added that the inspectors are certified by the Southern Building Code Congress and recognized by the State. éommissioner Voss asked who developed the Standard Building Code? Mr. Magri stated the Southern Building Code Congress in Alabama. Commissioner Voss stated Collier County has different wind loads, and asked if these are taken into account? Mr. Magri answered "Yes," and said within a month or so, he will be requesting the Commission to repeal the existing Coastal Zoning Ordinance because the State has changed the wind load r~quirements back to llO. County Manager Lusk asked if the Southern Building Codes are enforced exactly as written? Mr. Magri stated that the Code is amended for Collier County in some areas. commissioner Voss moved, seconded by Commissioner Hasse and oarried unanimously, that the publio hearing be olosed. Commissioner Holland asked in reference to the wind loads if 140 is what is required today in Colli~r County? Mr. Magri stated only in the Coastal Construction Zone, otherwise all other areas are 110. Page 17 .. - - August 12, 1986 Commissioner Voss moved, seconded by Commissioner Hass. and . oarried unani.ously, that the Ordinanc. as numb~r.d and entitled below be adopted and entered into Ordinance Book '24: ORDINANCE 86-49 COLLIER COUNTY STANDARD BUILDING CODB AN ORDINANCE ENACTING ONE PART OF THE "COLLIER COUNTY BUILDING CODE" BY ADOPTING THE "STANDARD BUILDING CODE, 1985 EDITION" INCLUDING APPENDICES A, B, C, D, E, F, I, L, N, AND P; AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., AS FURTHER AMENDED BY THIS ORDINANCE: AMENDING SECTION 102.4 RELATING TO UNSAFE BUILDINGS; AMENDING SECTION 105 RELATING TO THE BOARD OF ADJGSTI1ENTS AND APPEALS; AMENDING SECTION 202 RELATING TO DEFINITIONS; AMENDING SECTION 301.2 RELATING TO DEFINING THE FIRE DISTRICT AREA; AMENDING SECTION 302.2 RELATING TO GROUP "H" OCCUPANCY; AMENDING SECTION 302.2.6 RELATING TO EXTERIOR WALLS OF TYPE IV BUILDINGS; AMENDING SECTION 403.2 RELATING TO TENANT SEPARATION; AMENDING SECTION 408.2 RELATING TO GROUP "H" OCCUPANCYS; AMENDING SECTION 610 RELATING TO BUILDINGS LOCATED ON THE SAME LOT; AMENDING SECTION 706.6 RELATING TO WOOD SHINGLES AND SHAKES; AMENDING SECTION 902 RELATING TO STANDPIPES; AMENDING SECTION 902.5 RELATING TO STANDPIPES DURING CONSTRUCTION; AMENDING SECTION 1104.4 RELATING TO EMERGENCY EGRESS OPENINGS; AMENDING SECTION 1108 RELATING TO BALCONIES; AMENDING SECTION 1302 RELATING TO FOOTINGS AND FOUNDATIONS; AMENDING SECTION 1707 RELATING TO VERTICAL FRAMING MEMBERS; AMENDING SECTION 1708 RELATING TO ROOF JOIST; AMENDING SECTION 2802 RELATING TO STRUCTURAL ALUMINUM CONSTRUCTION; AMENDING APPENDIX "A" IN THE FOLLOWING AREAS; ADDING AI03.2.6 RELATING TO MINIMUM FLOOR AND SLAB ELEVATIONS; AMENDING AI03.6.l RELATING TO PERMIT INTENT AND EXTENSIONS; AMENDING AI03.7 RELATING TO SCHEDULE OF PERMIT FEES; AMENDING AI03.8.5 RELATING TO POSTING OF PERMIT; AMENDING AI03.8.6 RELATING TO REQUIRED INSPECTIONS; AMENDING A103.9.l RELATING TO BUILDING OCCUPANCY INSPECTIONS; AMENDING A105.4 RELATING TO BOARD MEMBERS AND PROCEDURES; AMENDINC Al07 RELATINC TO VIOLATIONS AND PENALTIES; AMENDING APPENDIX "D" RELATING TO HURRICANE REQUIREMENTS FOR EXTERIOR WALLS AND TIE BEAMS; AMENDING APPENDIX "N" RELATING TO CONSTRUCTION OF ONE AND TWO FAMILY DWELLINGS; REPEALING ORDINANCES 83-13, 83-30 and 85-64; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVID1NG FOR AN EFFECTIVE DATE. BOOK 096 PA~~ 173" Page 18 , j,,' . , " ~.- "or~ " 096 PAGE 174 August 12, 1986 Commi..ioner Goodnight moved, seoonded by Commissioner Voss and carried unaniaously, that the Ordinanoe as nUlRbered and entitled below be adopted and entered into Ordinance Book '24: ORDINANCB 86-50 COLLIER COUNTY MECHANICAL CODE AN ORDINANCE ENACTING ONE PART OF THE "COLLIER COUNTY BUILDING CODE" BY ADOPTING THE "STANDARD MECHANICAL CODE, 1985 EDITION," INCLUDING APPENDIX "A", AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., AS FURTHER AMENDED BY THIS ORDINANCE; AMENDING CHAPTER 1 ADMINISTRATION BY AMEND- ING SECTION 105 RELATING TO THE BOARD OF ADJUSTMENTS AND APPEALS; AMENDING CHAPTER 3, AIR-CONDITIONING, HEATING AND VENTILATION EQUIPMENT, SECTION 308.9 CLOTHES DRYERS, BY ADDING SUBSECTION 308.9.1(5) RELATING TO CLOTHES DRYER EXHAUSTS: AMENDING CHAPTER 4 REFRIGERATION, SECTION 404 INSTALLATION REQUIREMENTS, BY AMENDING SECTION 404.1.1 RELATING TO CONDENSING UNITS, FOUNDATION SUPPORTS, AND TIE-DOWNS; AMENDING CHAPTER 5 DUCTS AND DUCT SYSTEMS, SECTION 504 DUCT CONSTRUCTION AND INSTALLATION, BY ADDING SUBSECTION 504.10 RELATING TO FIBERGLASS DUCT BOARD SYSTEMS; AMENDING SECTION 505 RELATING TO FLEXIBLE DUCT BY ADDING SUBSECTION 505.1(5); AMENDING SECTION 508 DUCT CLEARANCES BY ADDING SUBSECTION 508.2.1(4) RELATING TO CLEARANCE OF PLENUM CHAMBERS; AMENDING CHAPTER 6 PIPING, AMENDING SECTION 603 CONDENSATE DRAIN PIPING TO ADD SUBSECTION 603.6 RELATING TO INSULATION OF CONDENSATE DRAIN PIPING; AMENDING APPENDIX "A" SUPPLEMENTAL ADMINISTRATIVE PROVISIONS; AMENDING SECTION AI03.7.1 RELATING TO FEES; DELETING SECTION AI0S.4 IN ITS ENTIRETY; AMENDING SECTION AI07 RELATING TO VIOLATIONS AND PENALTIES; REPEALING ORDINANCE 83-15; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE. coamissioner Goodnight moved, seoonded by Coamissioner Voss and carried unanimously, that the Ordinanoe as nUlRbered and entitled below be adopted and entered into Ordinanoe Book '24: ORDINANCB 86-51 COLLIER COUNTY PLUMBING CO DB Page 19 .. - - .. .. August 12, 1986 AN ORDINANCE ENACTING ONE PART OF THE "COLLIER COUNTY BUILDING CODE" BY AOOPTING THE "STANDARD PLUMBING CODE, 1985 EDITION," INCLUDING APPENDIXES A, B, C, D, G, AND ILLUSTRATIONS AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., AS FURTHER AMENDED BY THIS ORDINANCE; AMENDING CHAPTER I, ADMINISTRATION, AMENDING SECTION 105 RELATING TO THE BOARD OF ADJUSTMENT AND APPEALS; AMENDING SECTION 602.14.1 RELATING TO PLASTIC PIPE, FITTINGS AND APPLICATION OF COLOR CLEANER; AMENDING SECTION l209.3 TO ADD SUB-SECTION 1209.3.3 RELATING TO LOCATION OF SHUTOFF VALVE IN LIVING UNITS; AMENDING APPENDIX A, SUPPLEMENTAL ADMINISTRATIVE PROVISIONS BY AMENDING SECTION AI03.7 RELATING TO FEES; AMENDING SECTION AI03.8.7.l RELATING TO WATER TEST; DELETING SECTION AIOS.4 IN ITS ENTIRETY; AMENDÌNG SECTION AI07 RELATING TO VIOLATIONS AND PENALTIES; REPEALING ORDINANCE 83-12; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE. Coamissioner Goodnight moved, seconded by Coamissioner VOS8 and oarried unanimously, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book f24: ORDINANCE 86-52 COLLIER COUNTY GAS CODB AN ORDINANCE ENACTING ONE PART OF THE "COLLIER COUNTY BUILDING CODE" BY AOOPTING THE "STANDARD GAS CODE, 1985' EDITION," INCLUDING APPENDIX A AND APPENDIX B, AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., AS FURTHER AMENDED BY THIS ORDINANCE; CHAPTER I ADMINISTRATION, AMENDING SECTION lOS RELATING TO THE BOARD OF ADJUSTMENTS AND APPEALS; AMENDING CHAPTER 3 GAS PIPING INSTALLATIONS; AMENDING 306 PIPING MATERIALS AND WORKMANSHIP BY AMENDING SECTION 306.6 RELATING TO PIPE COATING; AMENDING SECTION 309 TO ADD SUBSECTION 309.lS RELATING TO PROTECTION AGAINST PHYSICAL DAMAGE TO PIPING; AMENDING APPENDIX A, SUPPLEMENTAL ADMINISTRATIVE PROVISIONS; AMENDING SECTION AI03.7 RELATING TO FEES; DELETING SECTION AIOS.4 IN ITS ENTIRETY; AMENDING SECTION AI07 RELATING TO VIOLATIONS AND PENALTIES; REPEALING ORDINANCE 83-9; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE. commissioner Hasse moved, seconded by Commissioner Holland and oarried unanimously, that the Ordinance a8 numbered and entitled below aOOK 0961'AG£ 175 paqe 20 ( . '. ..."-"......'"-,.,..,"'."..,~.,".",..,..,,.,,'"'.,'~..,".........._..~""""'''"''~'--~---'^"'''-;~- 096 PAC! 176 " Auqust 12, 198' be adopted and entered into Ordinance Book '241 ORDINANCB 86-53 COLLIBR COUNTY ELECTRICAL CODE AN ORDINANCE ENACTING ONE PART OF THE "COLLIER COUNTY BUILDING CODE" BY ADOPTING THE "NATIONAL ELECTRICAL CODE, 1981 EDITION," AS PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, AS FURTHER AMENDED BY THIS ORDINANCE; AMENDING THE NATIONAL ELECTRICAL CODE, 1984 EDITION, TO ADD ARTICLE 80, ADMINISTRATION, CONSISTING OF ARTICLES 80-A THROUGH 80-J, MORE SPECIFICALLY DE- SCRIBFD AS: 80-A, TITLE AND SCOPE; SECTION (HEREINAFTER NOTED AS S.) 80-1, TITLE; S. 80-2, CODE REMEDIAL; S. 80-3, SCOPE; S. 80-4 RELATING TO MAINTENANCE OF ELECTRICAL SYSTEMS; 80-B, ORGANIZATION; 5. 80-5 ESTABLISHING ELECTRICAL SECTION AND CHARGE THEREOF; S. 80-6 RELATING TO INSPECTORS; 80-C, POWERS AND DUTIES OF ELECTRICAL OFFICIAL; S. 80-7 RELATiNG TO RIGHT OF ENTRY; S. 80-8 RELATING TO STOP WORK ORDERS; S. 80-9, PROVIDING FOR REVOCATION OF PERMITS; S. 80-10 RELATING TO UNSAFE INSTALLATIONS; S. 80-11 RELATING TO REQUIRE- MENTS NOT COVERED BY CODE; S. 80-12 RELATING TO INSTALLATIONS OF ALTERNATE MATERIALS OR ALTERNATE METHODS OF INSTALLATIONS OF MATERIALS; S. 80-13 RELATING TO LIABILITY OF OFFICERS, EMPLOYEES, OR ENFORCEMENT BOARD MEMBERS; 80-D, APPLICATION FOR PERMIT; S. 80-14 RELATING TO WHEN A PERMIT IS REQUIRED; S. 80-IS RELATING TO APPLICATION FORM; S. 80-16 RELATING TO DRAWINGS AND SPECIFICATIONS; S. 80-17 PROVIDING FOR EXAMINATION OF DRAWINGS; 80-E, PERMITS; S. 80-l8 RELATING TO ELECTRICAL OFFICIAL'S ACTION ON PERMIT APPLICATIONS; S. 80-19 RELATING TO CONDITIONS OF THE PERMIT; 80-F FEES; S. 80-20 PROVIDING FOR A SCHEDULE OF FEES AND CHARGES TO BE ESTABLISHED BY RESOLUTION; 80-G, INSPECTION 1 S. 80-21 RELATING TO INSPECTIONS; S. 80-22 RELATING TO NOTIFICATION OF INSPECTIONS; S. 80-23 RELATING TO MATERIAL AND LABOR INSPECTIONS; S. 80-24 RELATING TO INSPECTIONS PRIOR TO CONCEALMENT; 80-H, CERTIFICATE OF APPROVAL; S. 80-25 RELATING TO FINAL INSPECTIONS; S. 80-26 RELATING TO TEMPORARY APPROVAL; S. 80-I RELATING TO VIOLATIONS AND PENALTIES; S. 80-J PROVIDING FOR APPEALS TO THE BOARD OF ADJUSTMENTS AND APPEALS; AMENDING ARTICLE 100 RELATING TO DEFINITIONS; DELETING SECTION 210-8 IN ITS ENTIRETY1 AMENDING S. 210-19(b) RELATING TO COOKING APPLIANCES; AMENDING S. 210-52 TO ADD SUBSECTION (g) RELATING TO OUTLETS; AMENDING S. 230-21 TO ADD SUBSECTION (e) RELATING TO . OVERHEAD SUPPLY; AMENDING SECTIONS 230-23, 230-31, AND Page 21 - - - ,.---",._..._,....,"'-_._.----<.-.,."_..,..'~'"~ I' .".... ~<:.~~'.:' ¡:~~.,. :ir;;;.: "'~"";~" !_: '.'~. ,!~~." ~~;: ~"("'"":", . 'A,I;1;- - ", '.'~.' ; ¡", ~..... -ii':' .. .. .. August 12, 1986 230-42(b), RELATING TO RATING, AMENDING S. 230-43 RELATING TO CONDUCTORS; AMENDING S. 230-47 TO ADD SUBSECTION (a) RELATING TO CONDUCTORS IN RACEWAY; AMENDING S. 336-3 RELATING TO PERMITTED USES AND MATERIALS; AMENDING S. 384-13 TO ADD SUBSECTION (a) RELATING TO PANELBOARDS; AMENDING S. 5S0-23(a) TO ADD SUBSECTIONS (l), (2) AND (3) RELATING TO MOBILE HOMES; AMENDIN~ S. 680-20(a) (I) AND (2) RELA~ING TO UNDERWATER LIGHTING FIXTURES; REPEALING ORDINANCE 83-ll; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING FOR AN EFFECTIVE DATE. commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Boo~ '24: ORDINANCE 86-54 COLLIER COUNTY FIRE PROTECTION CO DB AN ORDINANCE ESTABLISHING THE "COLLIER COUNTY FIRE PRE- VENTION CODE" BY ADOPTING SPECIFIC SECTIONS OF THE "NATIONAL FIRE PROTECTION ASSOCIATION (NFPA), AS FURTHER AMENDED BY THIS ORDINANCE; AMENDING FIRE PREVENTION CODE NFPA NO.1, 1:l-S RELATING TO THE BOARD OF ADJUSTMENTS AND APPEALS; AMENDING l:l-6 RELATING TO VIOLATIONS AND PENALTIES; AMENDING 1:1 TO ADD 1:1-10 RELATING TO A SCHEDULE OF PERMIT FEES; AMENDING 1:2-1 RELATING TO DEFINITIONS; AMENDING NFPA 101, CHAPTER 7-6.3 RELATING TO NOTIFICATION OF OCCUPANTS BY FIRE ALARM SYSTEM; AMENDING CHAPTER 7-7.4 RELATING TO MANUAL EXTINGUISHING EQUIPMENT; AMENDING CHAPTER lO BY DELETING IN ENTIRETY SECTION IO-7 RELATING TO DAY-CARE CENTERS; DELETING IN ENTIRETY SECTION lO-8 RELATIN~ TO GROUP DAY-CARE HOMES; DELETING IN ENTIRETY SECTION 10-9 RELATING TO FAMILY DAY-CARE HOMES; AMENDING NFPA 101, CHAPTER II BY DELETING IN ENTIRETY SECTION ll-7 RELATING TO DAY-CARE CENTERS; DELETING IN ENTIRETY SECTION 11-8 RELATING TO GROUP DAY-CARE HOMES: DELETING IN ENTIRETY SECTION 11-9 RELATING TO FAMILY DAY-CARE HOMES; AMENDING CHAPTER 16 RELATING TO FIRE EXTINGUISHMENT REQUIREMENTS; AMENDING CHAPTER 17 RELATING TO FIRE EXTINGUISHMENT REQUIREMENTS; AMENDING CHAPTER 18 RELATING TO FIRE EXTINGUISHMENT REQUIREMENTS; AMENDING CHAPTER 19 RELATING TO FIRE EXTINGUISHMENT REQUIREMENTS; DELETING IN ITS ENTIRETY CHAPTER 22 RELATING TO ONE AND TWO FAMILY DWELLINGS: REPEALING ORDINANCE 83-l4 AND 83-44; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE. Page 22 aDOK 096 PA(.f 177 , ", . ..' -~~--,-""",-""".^""~..".....".",..~".,.,,,",.,,,,.,,"-,,,..",,.,,~,..,,'~~._,_..'.."<.._----~...._- If t" :rþ" IOOX 096 PA(;{ 178 ~1.tr \: t1 N~" ~ ~.~~ ~ August 12, 1986 It_ 110 APPB~L BY KARL MULLBR OF PLANNING/ZONING DIRECTOR'S DECISION THAT CREATION OF ONE CONFORMING LOT BY COMBINING TWO NON-CONFORMING LOTS IS NOT VESTED AS A NON-CONFORMING LOT - DENIED Legal notice having been published in the Naples Daily News on July 27, 1986, as evidenced by Affidavit of· Publication filed with the Clerk, public hearing was opened to consider Petition A-86-2 filed by Herbert Savage, representing D. Karl Muller, requ~sting that the appeal be heard to decide if the planning/zoning Director's interpre- tation and decision is correct or made in error. Planning/zoning Director pettrow stated that this matter is regarding an appeal by Mr. Karl Muller of Marco Island, and he would like to outline the intent of the Non-conforming provisions of the Ordinance as follows: "Any lot or parcel which was recorded or for which an agreement for deed was executed prior to October 14, 1974, and which lot or parcel does not meet the minimum width and lot area require- ments as a result of the passage of this Ordinance, shall be con- sidered as a legal non-conforming lot and shall be eligible for the issuance of a building permit provided all the other requirements of this Ordinanc~ and the Florida Statutes are met." Mr. Pettrow continued by saying that provisions such as non- conforming lots are intended to protect the public's interest I however, they are not intended to expand upon a use which is not per- mitted in current regulations. He said regulations are altered to reflect the desires and needs of the entire community, and the incen- Page 23 - - - ... ...«-"----,',,.~.~,...~~--,~..,""_._......,,-'~._.- .. - - August 12, 1986 tive is to comply with these new regulations rather than perp~tuating and expanding the old regulations which do not comply with current practice and regulations. In this instance, he said, Mr. Muller has 2 lots, 3 & 4, on Block 3, in ~arco Island, located on the north side of Sixth Avenue between Yellowbird and Elkcam Circle and he proposes to construct a triplex on these two lots which contain less than the required footage specified in the Zoning Ordinance, which is 18,150 square feet. He indicated he has reviewed this matter and has concluded that regulations do not permit it and a variance seeking relief to permit it does not apply. He indicated that Mr. Muller's 2 lots are 8,256 square feet each zoned RMF-6 and are non-conforming lots of record; if the two non-conforming lots are combined, it is staff's opinion that because the resulting lot now meets lot width requirements according to the current Zoning Ordinance, that the one lot now becomes conforming. He said that the petitioner claims that the nonconforming status remains with the one large lot and as a result enables development according to non-conforming regulations. Mr. Pettrow stated that, in his opinion, ever since 1975 in Collier County when matters like this have been brought before the Board, that once the two lots are combined they would then meet the minimum lot width requirement of 100' and the parcel then becomes con- forwing; therefore, if the lot becomes conforming, the provisions of Section 7.12C(7) no longer apply and the triplex would require 18,150 square feet. He added that Mr. Savage believes that the lots are aDDK (J96PM,t 179 Page 24 --,. -......... ,oo~ 096 fA\;£ 180 August 12, 1986 vested regardless of any lot reconfigurat~on. He concluded by saying that it is his interpretation that by combining the two lots vesting is lost and it becomes a conforming lot. Mr. Herb Savage, representing Mr. Muller, stated that in 1980 Mr. Muller bought two duplex lots in the Marco Highlands Subdivision, which are 68.8 feet wide and 120 feet deep. He indicated that had Mr. Muller wanted to build two duplex buildings he would have encountered difficulty because they are non-conforming lots, so to try to make it more feasible he decided to build 3 units on the two lots. He noted that the area was established as RMF-6 and has been kept that way for moderate income type people. He noted that since density seems to be a major concern, building a moderate income triplex seemed to be a better choice. He stated that as lay people the Commissioners have the reasonable approach to allow Mr. Muller to build a moder.ate income home. Commissioner Pistor asked what was Marco Highlands' original plat? Mr. Savage stated that it was designed with commercial and residen- tial, a complete community, but it never developed, about 50% is built OF!. Cowmissioner Pistor asked what can be done under RMF-6 zoning? Mr. P~ttrow stated that each lot would allow a single family unit, and combinin~ ti.e two lots a duplex can still be built; RMF-6 is single- family, two-family and multi-family dwellings, cluster housing, group housing or patio housing, subject to development plan approval, pro- viding minimum current requirements of the Ordinance are met. Page 25 - - - ,.....,'"...,."".".-..~,-,,..._"."'-'"';~..__.......-..,._- - .. .. August 12, 1986 County Attorney Cuyler stated that it is Mr. Savage's position that regardless of whether both lots are built on or not, they still are two lots, and under the non-conforming regulation it gives him a den- sity of 3; it is staff's position that once th03e two lots are built on, they are no longer two non-conforming lots, there is one large lot that is conforming. He added that once there is one large conforming lot, only two units are allowed to be built instead of three. Tape f3 Mr. Savage outlined on his drawing the configuration of the triplex at the request of Commissioner Voss. Commissioner Voss asked if the Board decides that the Director's decision is correct, would it be within its purview to grant a variance so the petitioner can do what he plans? Mr. Cuyler stated that the petitioner would not be able to obtain his desired result at all if the Board rules in favor of the staff, because he cannot get a variance for density. Commissioner Voss stated that it seems logical to build one triplex on two lots since he can build four duplex on two lots. Mr. Cuyler stated that staff would disagree in that he can build two and two; because of the lot sizes he would only be allowed to put two single family dwellings. Mr. Pettrow stated that only bulk variances are granted, not use, and density cannot be increased by reduction of lot size according tQ ordinance. Commissioner Holland asked if when the Board adopted the mini- mum lot size for a duplex, was it not negligent in not changing the eOD~ 096 P~Gt 181 Page 26 lOOK 096 PA!;! 182 August 12, 1986 designation of RMF-6? Mr. Pettrow stated that prior to 1975 the lots were RM-l and around 1975 they became RM-IA which brought in the pro- vision of the non-conforming uses. Commissioner Holland stated that to the north of this property the zoning is RSF which is single family, on the subject property the zoning is still RMF-6 and he interprets this as multi-family. Commissioner Holland asked what exists on Lots 5 thru 10? Mr. Pettrow answered that he did not know, but there were variances in the area that did permit duplexes, adding that the Ordinance does not allow density increase in substandard lot sizes by reduction of lot sizes. Commissioner Holland asked how the staff or Board reduced or increased the requirements per square footage without changing the density or zoning? Mr. Cuyler stated thdt the Board changed the zoning and some of these owners do not meet the minimum yard size to have a duplex, whereas they used to be able to. Commissioner Holland stated that the buildings to the west of this property are duplexes, and Commissioner Pistor concurred. Commissioner Holland stated that there seem to be two sets of rules and he cannot see opposition to providing needed moderate cost housing. Commissioner Hasse asked if the duplexes on Lots 5 thru 10 were built before the Ordinance changed? Mr. Pettrow said that some of the units were built prior to 1975 and in 1984 three duplexes on single lots on Second and Sixth Avenue were given variances by the Commission because of the need for moderate income housing in the area. Page 27 - .. - - ""."" ."''''''''' ~~"""~.*."",-<."-".~"""-~,,,,,,-.-~--.,,- · .. .. August 12, 1986 Commissioner Pistor asked if in view of Mr. Pettrow's discussion, is it in the Board's purview to overrule the zoning laws and ~ake an exception? Mr. Cuyler stated that this appeal has been taken on a specific interpretation of the Zoning Ordinance, and the interpreta- tion by staff, which has been the same for the last five years, is what the Board has the authority to uphold. Commissioner Voss asked Mr. Cuyler if he had an opinion on whether or not the staff's interpretation is correct? Mr. Cuyler stated that the staff's interpretation ið reasonable, and what Mr. Savage is doing is adding the acreage for the smaller lots and arriving at 2.54 units, and then using that non-conforming provision that says if one has 2.5 or above one can go to 3 units. After a long discussion, Mr. Savage stated that he disagrees with the zoning Department and he asked the Board to consider this parcel as Lots 3 & 4 and, therefore, allow the 3 units on the two lots. Mr. pettrow pointed out that this is just one instance in the County of non-conforming lots, and if the appeal is upheld, a prece- dent will be set and he does not recommend it. Commissioner Holland said that he disagreed because there have been individual petitions before the Board similar to this and some have been granted and some denied, and moderate income housing is needed. Commissioner Pistor asked Mr. Cuyler if the Board takes some action that is contrary to the Planning Director's, is it saying that his decision is wrong, or, if the Board upholds his decision but says Page 28 aD OK 096 PA(.£ 183 .. -...-.. .. "'- -096 n(.{ 184 August 12, 1986 it will grant the appeal, is that legal? Mr. Cuyler answered that either way is legal, the Board can uphold the Director's interpreta- tion or it can indicate that it has a different one and staff should then interpret it in that manner. Commissi~ner Voss questioned if that also applies to subsequent cases? Mr. Cuyler answered affir- matively. cOlRIRissioner Voss moved, seconðeð by cOlRIRissioner Gooðnight and oarried unanilRously, that the publio hearing be closed. Commissioner Voss stated that he sympathizes \\'ith the petitioner, but it seems that the staff is bound to make the interpretation they have, and the Board has no authority to change unless it changes the whole philosophy. He indicated that if the Board overrules the deci- sion of the staff in this matter then anybody that comes with a simi- lar situation will expect to have it granted, and the situation may not be as desirable as this one. Commissioner Holland 'stated that he is not disagreeing with Mr. Pettrow, but there are individual circumstances and the right of appeal exists, and if the Board accepts the staff's recommendation on everything without room for change, there would not be a need to bring it before this Board. He noted that in this particular case, the cir- cumstances are such that it should be given a thorough look. Commissioner Voss moved, seconded by Commissioner Basse'and oarrieð 4/1 (Commis8ioner Holland opposed), tbat tbe Appeal be denied. Page 29 - .. - \-'".''' ____"~,...,""''''"...."o."',.,,._,._.___·.....~....;'''~._...,__....·__ - - - AUqust. 12, 1986 ..... RECBSS at 10130 A.M. - RECONVENED AT 10:40 A.M. ..... It_ f11 Tape 14 BIDS ~OR WASTE DISPOSAL EQUIPMBNT AWARDED AS ~OLLOWSS NO. 86-976 TO SO. FLORIDA HAC~ TRUC~S, INC. FOR $54,465; 86-977 TO MTA EQUIPMBNT CORP. FOR $18,325; 86-979 TO HESCO SALES, INC. FOR $12,075; 86-981 TO HESCO SALES, INC. POR $14,000; AND 86-980 TO HESCO SALES, INC. POR $8,440 - APPROVED Public Works Administrator Archibald stated that a number of dif- ferent units for solid waste equipment, which are designed to replace the existing equipment at the transfer sites in the County, have been bid on an individual basis. He noted that there are five major purchases consisting of specific roll-off containers and packer-units compatible with these containers. He proceeded to outline the equip- ment and its function in detail, as well as staff recommendation on bidders. He indicated that the total package will require $124,658, and in many cases staff recommends the second 10w bid based upon total cost and compatibility. Commissioner Pistor· stated that a telegram has been received from Quality Products stating their opposition regarding Bid 86-979 which is the Stationary Compactor. Mr. Archibald stated that on the par- ticular item the low bidder was McClain for $11,622 and the Hesco unit which is recommended was bid at $12,07S, adding that Hesco would be compatible with the recommended containers and the manufacturer is local which is advantageous as far as providing service and parts. After a long discussion, Assistant County Manager Dorrill stated that the County is going to a system of refuse handling and hauling aOOK 096 PAGr 185 Page 30 -....- -- ~ ~.....,."",-,-",,,,...............~",....''''''".''''''" ....,'"..".,.,_......._....,o~,.'c'~·'n""......'".........__·_·,...__ 1011" '098 nr.~ .186 August 12, 1986 that is easier to use and maintain and compatible with what the other commercial clean-up companies in the area are using. Commissioner Pistor asked if in view of the telegram from Quality Products is there a problem with proceeding to make a decision on this matter? Mr. Cuyler stated that there is no problem proceeding, assuming that County policy has been met. Mr. Olliff indicated that the telegram from Quality Products states that they are going to file a protest, which they can do. He noted that Quality Products is a supplier for McClain Industries in Michigan. He indicated that when staff makes a selection, it is based on price as ,well as meeting the needs of the County and, therefore, the cheapest is not always the best. He stated that because the firm is out of Kalamazoo, Michigan, it makes it difficult to acquire parts and service, plus no one in the area is using that equipment and there no track record to check on. The recommended equipment, he said, are things that are being used locally, it is known how they function and that replacement parts can easily be obtained as well as service. Mr. Cuyler pointed out that the backup material has been on the agenda for two weeks and Quality Products was aware of it, and if they wanted to put a protest before the Board in writing they had an oppor- tunity to do that. Comaissioner Voss moved, seconded by commissioner Basse and oarried unanimously, that Bids be awarded as follows: No. 86-976 for Refuse Collection Truck to South Florida Mack Truoks, Inc. in the amount of $54,465; Page 31 .. - .. -'""'"-"..""<,.......------.--- - .. - Auqust 12, 1986 No. 86-977 for Truck Mounted outside Roll-off Hoist to MTA Bquipment corporation in the amount of $18,3251 No. 86-981 for Closed Top containers to Hesco Sales, Ino. for $14,000: and No. 86-980 for CY Open Top Containers to Hesco Sales, Ino. for $8,400. Comaissioner Voss 1R0ved, seconded by Commissioner Hasse and oarried unanimously that Bid No. 86-979 for a Stationary Compaotor in the amount of $12,075 each be awarded to Hesco sales, Ino. Item 112 PRESENTATION BY EVERGLADES AREA CHAMBBR 0' COMMERCB RE MOSQUITO CONTROL Ms. Claudia Davenport, spokesperson for the Everglades Area Chamber of Commerce, stated that she is appearing before the Board this morning due to their efforts in getting mosquito control for that area which encompasses land west to the County line, south from Chokoloskee Island and north to a little above Copeland. She explained the material distributed to the Commissioners which includes preroquisites for being included in the Collier Mosquito Control District, a cover letter and petition sent to all people on the tax rolls, and the feasibility study done by Mosquito Control. Ms. Davenport indicated that there was a positive response of 52% of the people requesting mosquito control. She said that at the September, 1985 meeting the Mosquito Control Board was presented with facts and supplied with material and Mr. Porter promised a feasibility study \olould be shared as soon as one could be done. At the February aOD~ 0961'AGr 187 Page 32 t'....\ _.,.,~._.._.'" 096 PAr,! 188 August 12, 1986 meeting of the Mosquito Control Board the results were outlined which included the pilots report on mileage, time, how much insecticide would be needed and costs. She indicated that Page 6, submitted to the Board as part of the material, states what the cost would be of running this project twice a week for 35 weeks and there is a big deficit in terms of taxes; the cost would be $93,000 and $8,000 is collected in taxes. She noted that the Control Board offered suggestions for cutting the costs, including that storage facilities be provided at the Everglades Airport for fuel and chemicals and that a group of volunteers get together to do ground tests, such as counting mosquito traps. They also offered to work closely with any committee that might be formed and hold public information workshops in Everglades City. At a February meeting of this Board at which a request was made for a variance for a tax uniformity ordinance sO that a millage rate could be paid to generate tax revenues to pay the difference between the current rate and volunteer services and $93,000, the Board recom- mended that the citizens form their own Mosquito Control District under Florida Statue 388 and voted to turn down the request because the areas requesting mosquito control were not contiguous to a currently sprayed area. The Chamber at that point, Ms. Davenport added, contacted Tallahassee and found that no further mosquito Tape IS control boards could be formed except by Florida Statute 388, 12S.0l which is the Powers & Duties of the County Commissioners. Page 33 .. - - II .... ..""""""'''...---..........>.'"-'--=''''''',...,....-..,.."..'"'''---- .. .. .. August 12, 1986 Ms. Davenport stated that they are seeking from the Board. a solu- tion to this problem which is in evidence at least 6 months out of the year, depriving the citizens of using their outdoors and earning acceptable wages half of the year. The citizens need the Board, she said, to help them find a way to get and pay for mosquito control and Florida law has led them to the County Commissioners as their only recourse; they are not asking that the Naples Mosquito Control perform this duty, but they are asking for a means under the law to grant them permission to form a separate tax millage rate district and also to form their own mosquito control district. Commissioner Pistor stated that he will have the County Attorney and staff talk to the various people concerned and then the Chamber will be contacted. Item 113 LICBNSB AGREEMENT BETWEEN NAPLES CAY MASTER ASSOCIATION, INC. AND BOARD or COUNTY COMMISSIONERS - APPROVED Public Works Administrator Archibald stated that this is a license to allow access to Naples Cay up to the Clam Pass Park site both for the construction of the park facility and in the future for the installation of utilities. Assistant County Attorney weigel stated that on the document the name of the president will be changed to Mr. William Kreuser who is present today. He added that there is a concern on the part of the grantors of the easement regarding peace, quiet and enjoyment of the aOOK 096 PAr.t 189 Page 34 ... '- -- _~O~_____ _~_. iiI: ~:,;', " ,'; , t h' . '~l ,;:; ~'T ~~. . ~ ' :""41( .', ','~,; ~ t.'). , {, ;~f' ....,.. (!9B nrl.l90 August 12, 1986 premises, and they want the document to outline the hours of opera- tion, speed limits over certain sections of the property subject to other interests being on the property, and the Naples Cay Master Association, Inc. has expressed ! desire to be able to designate cer- tain areas for the storage of construction equipment or material. He noted that the recommendation is for approval subject to changing the president's name and the added amendments. Comaissioner ~oss moved, seconded by Commissioner Hasse and oarried unanimously, that the License Agreoment between Naples Cay Master Assooiation, Ino. and the Board be adopted subjeot to the county Attorney adding language regarding hours of operation, speed limits and storage for construction equipment and material and the ohange in the president·s name. Note: Document not received in office of Clerk of the Board as of 8/21/86. page 35 - - - --",.".."""..,~.,....'.."...._,,,-_'" · r~"". - .. .. .. Auqust 12, 1986 Item 114 8TATB ATTORNEY JOSBPH D'ALESSANDRO ADDRESS TO THB BOARD RE INVESTIGATION OP FORMER EMPLOYEE'S ALLEGATIONS State Attorney Joseph D'Alessandro stated that his staff has received from County Manager Donald Lusk a copy of a memorandum from Ms. Vickie Mullins, former Community Development Administrator, per- taining to her recent resignation dated July 31, 1986, in which she sets forth numerous allegations. He said that in addition his staff has received a written response to the allegations. State Attorney D'Alessandro noted that he received from Commissioner Holland correspondence indicating that during the Board's August 5, 1986, meeting by unanimous vote, a motion was passed requesting that the State Attorney's office look into these allega- tions. He mentioned that the Boarù asked for an immediate response and he wants lo do whatever he can to get this matter resolved. He indicated that the allegations are numerous and vary in nature; thèy range in subject matter and scope from information being withheld from the Board of County Commissioners and the public pertinent to the government of Collier County, to pressuring staff members regarding building permits and preferential treatment on zoning issues, and to not selecting as Collier County Employee of the Month any individual from the Community Development Division since 1984. He said that, on its face, the memo received contains no specific or readily ascer- Page 36 a~,,~ 096 PA(.[ 191 -_..._------- ....-.-...-..-------.-.- ¡. Ú.'...;: ~ð>{ . .1'· ;'.,';'. f,,:#~ )of' ¡¿'I" #y-.. . ;~:rj; : ...; .... - .-..---- 096 p~r,~ ~92 A\.I9\.18t 12, 1986 tainable violations of Florida law, and from a review of information provided to date there is no way that he or his staff could ascertain that a violation or violations of law have occurred; the allegations are too general in nature. He indicated, therefore, that he cannot tell the Board at this time that he has concluded anything from a review of the information provided, neither can he commit to a par- ticular position on the subject matter. Attorney D'Alassandro indicated that in order to determine whether or not his office will engage in an investigation of these allega- tions, it will be necessary for him to conduct a preliminary inquiry into 'these matters. He said tha~from experience an inquiry of this nature will be lengthy, will be within the scope of the jurisdiction of his office and will be conducted with a view towards a deter- mination as it pertains to any possible violation of th3 criminal laws of the State of Florida. He indicated that the inquiry will not extend to resolve matters which pertain purely to the conduct of County business and County government policies; it is not the function of his office to become involved in the management or the policies or the personal decisions of any governmental body. He noted that he will provide an answer as expeditiously as possible. Commissioner Hasse stated that he would like to be certain that when this investigation is done that there will not be any possibility of reprisals against any employee by the administration. Attorney D'Alessandro stated that that is not within the purview of his office, Page 37 - - - '" '"__.....u_.<o._,......"_....^~...,.,,-_.........--_..- .. .. .. August 12, 1986 end he cannot and will not, while doing an investigation make, the subject of any conversations public until the inquiry is over: Commissioner Pistor stated that there will be no reprisals on the part of the government in any way against anyone giving necessary information, and if necessary, a memorandum or policy can be written to that effect. Attorney D'Alessandro stated that he wanted to assure everyone that this matter will be conducted in a professional manner and there should be no concern regarding reprisals as far , as his office is concerned, but he does need everyone's cooperation. Commissioner Pistor asked how soon this investigation will begin? Attorney D'Alessandro answered as quickly as his office can and it will be lengthy. Commissioner Holland stated that the reason he wrote the letter to the State Attorney was to have the matter handled in a proper manner; to find out if there were criminal charges, and if not, then it would be up to the Board to take actiort. Commissioner Hasse asked if an independent committee of citizens would help in any way to determine this matter? Attorney D'Alessandro stated that he did not know what a committee would accomplish, but anybody who wishes to furnish information or assistance will be welcomed. County Manager Lusk stated that the public needs to understand that the Board and he will definitely promise that there will be no reprisals as far as losing jobs, but he will never promise anyone that there will not be several reprisals and give up his rights; if someone eOOK 096 PAGI 193 Page 38 :'~~j,,~ . ·,r"· :,J·í· . ;,..-r'":r .... ...... .. ~. '. ~ ~,. f ·1t" lODIl 096 P'",~ 194 August 12, 1986 wants to talk and defame his reputation and try to destroy him, he will never give up his civil rights to defend that. Ite. 115 REPORT ON DRAINAGE DESIGN OJ' THE BEACHWALK PROJBCT Public Works Administrator Archibald stated that in following up the Board's direction on July 29, 1986, Tom Kuck met with the deve- loper of the Beachwalk project to discuss a number of concerns expressed by residents of the Naples Park area and also to try to acquire commitments on the part of the developer to change his drainage plan to direct rainfall runoff away from the Naples Park development. He added that the conclusions from that meeting were: 1) Lake "A" would be tied into Lakes "B ðnd "C" and the retension area and as a result, when there is a severe storm, these lakes will fill up and once reaching a certain elevation, overflow will move west through a series of lakes and outfall at the intersection of Tape " Vanderbilt Drive and 91st Ave,; 2) The control structure for Lake "A" would be modified to serve primarily as a drawdown structure and the primiary outlet for Lake "A" would be to drain towards Lake "B" and on to the west; 3) Putting in a roadside swale on the south side of 9lst Avenue, providing outfalls and building flumes so that any overflows during a rainfall event would drain between properties to the north into a roadsièe swale on the south side of 9lst Avenue, it would be excavated to drain towards the west and would outfall down at Page 39 - - -- .. .. - ". , j:,'~;;, f" ~I~~"·" ~ ,¡,r,~· ·.1;~,+ ~:-:;'\ ~i,1,> Au9u..... 12, 1906 the very corner. He said that the combination of connecting ~he lakes, putting in the swales, and modifying the control structure would address the majority of concerns that the residents of Naples Park have. Commissioner Pistor asked when will the water drain into the existing canal, which is the big concern? Mr. Archibald stated that once the lake re~ches elevation 8, water will begin to travel through a "V" notch into a pipe; the quantity will be extremely small because it is essentially an overflow, but the majority will move west through the system that will be constructed. After a long discussion, Commissioner Pistor asked that the change in format be investigated where "A, B & C" are connected so that the weir could be shorted or eliminated in the future. Mr. Archibald stated that staff will pursue that. The following residents of Naples Park spoke in protest of the Beachwalk development draining into Naples Park drainage system: Mrs. Lucy Veccia Mr. Anthony J. Maiale Mr. Richard Wood Mr. Harry G. Purdy Commissioner Pistor asked if at Vanderbilt Beach Drive a 60" pipe will be inserted? Mr. Archibald s~id the plans are to put a 60" pipe under 6th Street and staff would like to meet with the developer to see if it can be relocated to Vanderbilt Beach Drive, because it can be of benefit to both ~arties. Page 40 aOD~ 096 PAr,¡ 195 ,oo~ 096 p~r,! 196 August 12, 1986 Commissioner pistor stated that the citizens of Naples Park are asking the Commission to put a Stop Order on any further construction ï.)c two weeks, and the developer does have valid permits to proceed. HI:! asked if there is a way of asking the developer to stop construction? County Attorney Cuyler stated that he would ask the Board not to take that action, because the County has to justify that action. He added that staff has indicated that the developer is in compliance with their permits, and considers the drainage system to be state-of-the art and they do not consider all of the problems indi- cated by the residents as actual problems that will occur. Commissioner Pistor stated the developer can be asked to give con- sideration to eliminating the two 30" pipes and the two 32" pipes, previously mentioned by one of the residents as being a problem in drainage. Mr. Archibald stated that those are the areas where the pipes should be changed and the capacity increased. Engineer George Mellen stated that the flumes are an add-on above the limits of the South Florida Water Management District permit, which control discharge from the property up to the limits of the 25 year storm. He added that the need for the outfall pipe to 7th Street is part of the master system approved by the District and allows a minimal discharge during that design event. Commissioner Holland ðsked if the Board can ask the developer for his cooperation to address this matter? Mr. Archibald answered "Yes," the staff is willing to talk to the developer and discuss it and see if it can be resolved. Page 41 - - - ...-..1':' ...... '. .. .. .. August 12, 1986 commi..ioner Ba.se moved, seoonded by Commi.sioner Voss and carried unanimously, that staff be direoted to oontaot the developer of the Beaohwalk Development and see if an aooeptaÞle solution can be worked out. ..... Reoesss 12:20 P.M. - Reconvened: 2:00 P.M. at whioh time Deputy Clerk ~enyon replaoed Deputy Clerk Rui. ..... Ite. fl' IMIRGINCY DICLARBD AND BIDDING REQUIREMENTS WAIVED. CHAIRMAN AUTHORIZBD TO IXBCUTI CONTRACT WITH CROM TANKS, INC. J'OR THB REGIONAL WATBR TRBATMENT PLANT EXPANSION PROJBCT. Utilities Administrator Crandall stated that he is ðsking that the bidding process be waived in order to get an additional storage tank at the water treatment plant on line before the influx of population arrives this winter. He stated that the ground preparation has begun, adding that this is phase II of that construction and he would like the utilities staff to be authorized to contract with Crom Tanks to build a 6 million gallon storage tank in an amount not to exceed $805,000. He stated that in order to accomplish phase II of the pro- ject, this will have to be declared an emergency and the normal bidding process waived. He noted that the $65,000 is coming from the contingency account within his budget. Commi.sioner Voss moved, seconded by Commissioner Goodnight and oarried unanimously, that an emergenoy be declared and the normal bidding prooess waived. Commissioner Voss moved; seconded by Commissioner Goodnight and oarried unanimously, that the Chairman Þe authorized to siqn a Page 42 aODK 096 PAG£ 197 ._.~,..._,~".,"...".,,,,-.,,,,,,,,,-~---- -- .._~..,..__. -----~._-- " ' ~, '~t' ~' ;'b' ~í/" 'IGIC 096 mt 198 AUgust 12, 198' oontraot with Crom Tanks, Ino. to build a , million gallon storage tank in an amount not to exoeed $805,000. Assistant County Manager Dorrill stated that this was brought up several weeks ago when the Board of County Commissioners was asked to allow the Utilities Division to do some preliminary site work at the Golden Gate Regional Water Treatment Plant, noting that it was indi- cated at that time that a negotiated type price would be coming back for fast-track construction in order to get the storage tank that is needed. Commissioner Goodnight moved, seoonde4 by Commissioner Voss and oarrieð (4/0, Commissioner Holland not present at this time), that the budget amendment in the amount of $'5,000 be approved. It.. 117 RBVIZW AND APPROVAL OP LONG-RANGB INFORMATION SYSTBMS PLAN FOR COUNTY HANAGIR'8 DIVISION TO BB HIARD ON 8BPTIHBIR " 1'8' Assistant County Manager Dorrill stated that this item i8 a request to establish a date and time for the consultants, Deloitt, Haskins and Sells, to present the final long-range data processing type plans. Commissioner Voss moved, seconded by Commissioner Go04night, that the date of SeptelRber 2, 1986, be established to review and approve the long-range information systems plan tor the County Manager'. Division. Commissioner Pistor stated that Election Day is September 2, 1986, and the agenda for that day already has sufficient items on it. P~ge 43 .. .. - ....-." .. .. .. August 12, 1986 Commissioner Goodniqht withdrew her seoond and Commissioner Voss withdrew his motion. It was the qeneral consensus that the review and approval of the lonq-ranqe information systems plan for the County Manaqer's Division be heard on septelRber 9, 1986, at 2:30 P.M. or at the oonolusion of that .eetinq. Ite. '18 STAFF DIRECTED TO REPORT BACK '1'0 THB BCC IN TWO WEBKS WITH ALL PROBLBMS RESOLVED REGARDING THE MOTOR VEHICLB FOR HIRB ORDINANCE AND OCCUPATIONAL LICENSES FOR TAXIS Assistant County Attorney Anderson stated that the Motor Vehicle for Hire Ordinance makes it unlawful to operate a motor vehicle for hire in Collier County without having a Certificate of Public Con- venience and Necessity. He stated that the ordinance provides that all persons that were registered and permitted to engage in the busi- ness of transporting passengers for hire as of January 21, 1986, which was the date that the ordinance was adopted, are automatically entitled to receive a certificate under the new ordinance, but they must still fill out an application form to get the certificate. He stated that application forms have been sent out to everyone who now has an occupational license; those that had it before the effective date of the ordinance and those that got one after it. He stated that these application forms are due back on September 15, 1986. He stated that this ordinance establis.hes a Public Vehicle Advisory Committee which is to go over the applications, review them, and make recommen- am 096 PAGE 19.9 Page 44 ,. . " f' "'.1 ,--,""',""------.:-. ""'''-,..- 096 "A~! 200 August 12, 1986 dations to the Board of County Commissioners who will make the final decision on whether a person receives a certificate under this ordinance. He noted that the County Manager is directed in the ordinance to designate a member of his Staff to serve as the liaison and coordinate with this advisory cc~mittee, who is made up of lay persons and people that are engaged in motor vehicle for hire busi- ness. He reported that the certificate is good for one year and is $50.00 a year for each certificate, adding that after they receive a certificate they are required to file certain information with the County Manager. Mr. Anderson stated that the occupational license is different and distinct from the Certificate of Public Convenience and Necessity, noting that Counties and Cities are authorized to levy occupational license taxes by the State Statutes, Chapter 205. He noted that the Statutes say that the occupational license tax is for the privilege of engaging in or managing any business, profession, or occupation within the jurisdictjon of the City or County. He indicated that the State Statutes also say that the occupational license taxes are in addition to any other fees or licenses paid to any Board, Commission, or Officer for permits, registration, examination or inspections which are considered to be regulatory in nature. He stated that the Motor Vehicle For Hire Ordinance is considered to be a regulatory. ordinance, which provides for rate-setting, among other things. He stated that those people that had an occupational license to engage in motor Page 45 .. .. .. August 12, 1986 vehicle for hire on Janua."y 2l, 1986, are entitled by the ordinance to receive a certificate and those that have received occupation~l licen- ses after that date must go through the application and review pro- cess. Commissioner Pis tor stated that he has been told that there are about 15 people that have received their occupational licenses since that date. He questioned what happens if those 15 people go before this advisory coml"i ttee and it is recommended that they be turned down? Mr. Anderson stated that the applications would then be directed to the Board of County Commissioners as the governing body of the County to make the final decision. He stated that the Board of County Commissioners has to have good factual basis to turn the applications down. Commissioner Pistor stated that the Collier County taxi companies are having a problem with the companies that are out of county, noting that they pick up passengers in Collier County and take them to Lee County, but Collier County taxi companies cannot pick up passengers in Lee County and bring them to Collier County. He stated that there needs to be a reciprocal agreement between Lee County and Collier County. Tape fa Mr. Anderson etated that if there were to be a reciprocal agreement, it would have to be between the Lee County Commission and the Collier County Commission. Page 46 aoo~ (J~f)FAG£~(Jjl -,,_._~ aOOK 096 PA(.£ 202 August 12, 1986 Commissioner Holland stated that according to the ordinance, the companies that have obtained an occupational license since January 21, 1986, did not comply with the ordinance and someone is liable for issuing those licenses. He stated that it was his assumption that when this ordinance was passed, it was to be s~t up the same as a contractor applying for an occupational license. He stated that the ordinance says that in order to obtain an occupational license, rules will be complied with. He stated that he feels that this is up to the Tax Collector. Mr. Anderson stated that a person has been designated and is working with the Public Vehicle Advisory Committee to resolve some of these problems. Commissioner Pistor questioned if these people could be turned down on the basis that there are enough taxi companies in the County, to which Mr. Anderson stated that the important thing to stresÐ is that each applicant must be viewed on an individual case-by-case basis. Commissioner Hasse stated that if these permits were limited into four or five categories, bus, trolley, taxicab, vans, etc. this may solve some of the problems. Tom Olliff, Administrative Assistant to the County Manager, stated that there were some things that the committee wanted to take into consideration when the ordinance was written that may resolve some of the problems, noting that one suggestion was to establish a population Page 47 .. - - .,.~,._,,,..,~,,,,,, ~_......",._---- -._"~' .. .. .. August 12, 1986 according to a number of vehicles ratio. He stated that this would limit the number of taxicabs that are needed according to the.popula- tion of the County. He stated that another suggestion is that the company be required to have a Collier County place of business, noting that these suggestions could be incorporated into the ordinance. Commissioner Pistor stated that Mr. Olliff and Mr.. Anderson should discuss this with the advisory committee and Come back to the Board in two weeks with Some of these problems resolved. %te. f1' COUNTY ATTORNEY AUTHORIZED TO TAKE THE NECESSARY ACTION TO FORCB LBLY TO COMPLY WITH ALL PUD REQUIREMENTS County Attorney Cuyler referred to a letter he wrote to Mr. Richard Klaas, President of Lely Development Corporation, noting that he cited some commitments that Lely has failed to adhere to. He stated that he gave Mr. Klaas seven days to respond to his letter and he has failed to do so, and he would request that the Board authorize him to take any necessary actions to force Lely's compliance with the PUD commitments. Commissioner Voss moved, seconded by Commissioner Goodnight and oarried unanimously, that the County Attorney be authorized to take the necessary action to force Lely's compliance with the Pun coamit- .ents. In answer to Commissioner Hasse, Mr. Cuyler indicated that he is going to pursue any possible legal way that he can in order for them BOOK 096 p~Gr 203 Page 48 '. > ~ ~ lOOK (196 PAr,t.204 August 12, 1986 to comply with the PUD requirements, whether it is withholding permits or a lawsuit. He stated that he will force them to do the items that are listed in the letter, which is basically giving the County the property that has been promised and submitting plans that the County will approve and then constructing the 100 space parking lot. Item 120 COUNTY TO REIMBURSB THE COUNTY MANAGER FOR REASONABLB LEGAL EXPENSBS DURING STATES ATTORNEY'S PRELIMINARY INQUIRY IF SAID INQUIRY DOES NOT LEAD TO INDICTMENT County Manager Lusk stated that he has a request he would like to make to the Commission regarding the State Attorney's presentation, noting that he has been the County Manager for two and a half years and feels that he has done a good jOb and carried out the policies of the Board of County Commissioners. He stated that if every time a disgruntled employee quit and made accusations and he ended up in front of the State Attorney, he could end up bankrupt. He stated that because of what happened this date and during the last week, he has had to hire an attorney. He stated that he cannot go to the County Attorney because he has a conflict as far as serving the Board, the Manager, and the employees of the County. He stated that because of this, he is asking that while the State Attorney is doing a prelimi- nary inquiry, the Board of County Commissioners furnish the legal fees and at any time if it becomes criminal, then it would be his respon- sibility. He stated that he is saying this because this could happen monthly if someone leaves and files accusations. He stated that at Page 49 ---~" ->._~'''''-''-"-,.__..,." , ....... .. .. .. August 12, 1986 the point it becomes criminal, the County Manager would pay his own expenses. He stated that he should have the ability to have ~n attor- ney that he can talk with that represents him. He stated that as long as he is acting within the scope of his duties he would ask that the Commission pay the expenses of his attorney. Commissioner Voss stated that this is reasonable but in the event that it does turn out that there is criminal activity and the County Manager is convicted of it, then the County should be reimbursed for any money that has been spent on the legal fees. Mr. Lusk stated that he would agree with this. County Attorney Cuyler questioned if the request is to have the Board of County Commissioners pay the fees as they go along or to reimburse the County Manager at some point when the State Attorney's office makes a report back and indicates that there is no criminal responsibility. He stated that the Board of County Commissioners has to take into account whether or not this would be establishing a policy and whether the State Attorney's answer may be sufficient fór the Board of County Commissioners or not. He stated that if there has been fees paid at that time, the Board still has discretion as to what they want to do. Mr. Lusk stated that he does not have any problem with when the Board of County Commissioners pay the legal fees, adding that he would have a problem if this issue goes on forever. He stated that there is a point when the Board of County Commissioners should decide that the BOOK (J!}f)p~r,¡~()5 Page 50 """-'-~--~"-- IOO~ 0961'1r.~ 206 August 12, 1986 issue is resolved and settle with the Manager, so that the inquiry does not go on for yeðrs. Commissioner Voss stated that whatever the expenses were the County Manðger could bill the County for them after the issue has been resolved if there is no indictment. He stated that a policy should be set and not let it be an after-the-fact policy, adding that the policy should be that if there are legal expenses incurred and there is not an indictment, then the County will reimburse the Manager for his legal expenses. Commissioner Holland stated that he thought it was policy that in situations like this that representðtion would be furnished. Mr. Cuyler stated that there is a resolution that indicates that either staff members or board members will be defended by the County in the normal course of their duties or if they get outside counsel that is approved by the County, then the fees are paid. He stated that the policy does not address this situation. Commissioner Voss moved, seconded by Commissioner Goodnight and oarried 4/1, (Commissioner Hasse opposed), that if during the preli.i- nary inquiry the County Manager incurs legal expenses, and the inquiry does not lead to an indict.ent, the County Xanager will be reimbursed for reasonable legal expenses. Mr. Lusk indicated that his ðttorney is Ed Foremðn from St. Petersburg, Florida. Mr. Cuyler stated that if the Board of County Commissioners would like, the expenses could go through his office. Commissioner Pistor stated that it should be handled that way. Page 51 .. - - ';'''--',,. - - - August 12, 1986 Ite. 121 ROUTINE BILLS - APPROVED FOR PAYMENT Pursuant to Resolution 81-150, the following checks were issued through August 8, 1986, in payment of routine bills: CHECK DESCRIPTION CHECK NOS. AMOUNT $2,834,814.81 $ 282,208.19 Vendors l46863 - 147253 033026 - 033649 BCC Ite. 122 BUDGBT AMENDMENTS 86-384/389 AND 86-392/393 - ADOPTED Commissioner Goodniqht .oved, seconded by Commissioner Voss and oarried unanimously, that Budget Amendments 86-384/389 and 86-392/393 be adopted. na. '23 AUTHORIZATION GRANTED TO BORROW $1.8 MILLION FOR CELL LINER AT COUNTY'S LANDFILL AND COUNTY ATTORNEY TO RETURN IN ONE WEEK WITH RBSOLUTIOft AND PROMISSORY NOTE WITH NCNB AT 5.6% Clerk Giles stated that this item is a request for authorization for a $1.8 million loan for a cell liner at the landfill, noting that on November 4, 1985, the Board authorized borrowing up to $3 million to finance liners and fill material for a new cell at the landfill. He stated that because of adequate cash reserves borrowing has not been needed until now. He stated that the Solid Waste Director has determined that $1.8 million will be sufficient and only the cost of the liner needs to be financed. He stated that he tabulated the fixed rate and variable rates that were bid, adding that two bids were aDOK agR p~(.£ 207 Page 52 ......., . ,._"-"'...,..,.,....~~.."... "- lOOK 096 PAGt 208 August 12, 1986 receivedJ one from Barnett Bank and one from NCNB, elthough 6 were solicited. Tape f9 Clerk Giles stated that it is his reoommendation that the fixed rate of NCNB of 5.6\ be approved and that the Board authorize the County Attorney to draft the related resolution an~ promissory note for presentation at next week's meeting. commissioner Voss moved, seconded by Commissioner GOOdnight and oarried unani.ously, that the fixed rate of NCNB of 5.6' for $1.8 million for the cell liner for the county's Landfill be approved and the county Attorney be directed to prepare the related resolution an~ pro.issory note and return to the Board next week with same. It.. 124 COUNTY TO PAY THEIR SHARE, $3,510 FOR THE PHASB I SITB RBVIBW STUDY FOR THE NAPLBS MUNICIPAL AIRPORT Commissioner Pistor stated that sometime ago, the matter was discussed regarding taking part in a study of the Naples Municipal Airport to see if it is feasible to move the Airport. He stated that the Airport A~thority representatives, the City representatives, Public Works Administrator and himself interviewed a group of people that are qualified to do the work and a company was selected to make the study which will cost $21,060. He stated that the Airport Authority is asking that the County pay a share of $3,510. Commissioner Voss moved, seoonded by Commissioner Hasse and øarrieð unanimously, that the County pay $3,510 for the Phase X site review study only for the Naples Munioipal Airport. Page 53 - - - August 12, 1986 Assistant County Manager Dorrill stated that this is for Phase I . only, noting that if the Airport Authority determines that they will go on a site evaluation of future airports, it could become very expensive and he is assuming that the County has the ability to con- sider whether there will be participation in Phase II. Commissioner Voss stated that his motion is for Phase I only and if the other phases come before the Board of County Commissioners, it will be determined at that time as to whether the County participates any further or not. Commissioner Pistor stated that he will write a letter to Jerry Sealy and Ed Kant regarding the matter. Item 125 UTILITIES STAFF DIRECTED TO INFORM NORTH NAPLES FIRE DISTRICT AND GOLDEN GATB FIRB DISTRICT THAT FIRE HYDRANTS WILL DB INSTALLBD IN THBIR DISTRICT ALONG THB WATER MAIN AT 3,000 FOOT INTERVALS AND IF SAID DISTRICTS WISH TO HAVE FIRE HYDRANTS INSTALLED AT 1,000 FOOT INTERVALS FOR FIRE PROTECTION, THE COUNTY WILL INSTALL THEM IF THB FIRE DISTRICTS PAY FOR THEK Commissioner Hasse stated that there is going to be a 30" and 36" water main run from the water plant to North Naples, adding that he has spoken with Chief Jones from the North Naples Fire District about installing fire hydrants along the line for fire protection. He stated that if the tees and tap-offs are put in now it would be cheaper than if they were put in later, adding that he would also like to see another tap-off installed tòward the Golden Gate plant in case there is ever a time that this section would have to be serviced. Page 54 ~oo~ 096 w,£ 209 -"'-'---"'" .,......"'........,--'- lOOK (J9f)PAr,!·~jL[) August 12, 1986 County Manager Lusk stated that he agrees with this, except that the Utilities are funded by the ratepayers and when someone gets a benefit from that utility system, they should be a ratepayer. He stated that there is some benefit to the ratepayers of the utility system to put some fire hydrants on that line, but the problem is that it may not meet the fire requirements. He stated that blow-offs are needed every 3,000 feet, but that does not help for insurance pur- poses. He stated that if it is brought down to l,OOO feet, people are benefited that do not pay for it, adding that the ratepayer will pay for it. He stated that the General Fund could fund it or the fire districts could fund it, but it would be unfair to expect the utility ratepayers to pay for something that they do not get a benefit from. He stated that another problem with the line is that it goes through Avatar's service area for two miles, which is the responsibility of Avatar. He stated that it is a good idea to put fire plugs in, but it needs to be addressed as to who is going to pay and who will receive the benefit. He stated that at 1,000 foot intervals, it will cost $100,000 and between the County's share, the North Naples Fire District's share, and the Golden Gate Fire District's share, it would cost approximately $33,000 a piece. He stated that he supports the idea of putting fire plugs on a line when it is going in. Commissioner Holland stated that there would be two fire districts that would be getting the benefit and if those districts were approached. for their fair share, it would cost each district approxi- mately $33,000 if the County paid their $33,000 share also. Page 55 .. .. .. . ",-. -~<-"","""""-'''~' .".-,....,.;-. ,4I~~·_·t.·.·. .. .. .. August 12, 1986 Commissioner Voss stated that if the districts want to do this, the County would be willing to put them in at their cost as long as the Districts would be willing to pay their share. commissioner Voss moved, seconded by Commissioner Hasse and oarried unanimously, that the utilitiea Department inform the North Naples Fire District and the Golden Gate Fire District that fire hydrants will be installed in their distriot along the water .ain at 3,000 foot intervals and if said distriots wish to have fire hydrants installed at 1,000 toot intervals for fire protection, the County will install them it the Fire Districts pay for them. It.. #26 ACTION REGARDING RADAR BQUIPMENT FOR FLORIDA HIGHWAY PATROL _ COK'l'INUBD ONE WBBlt Commissioner Holland stated that he asked that this item be placed on the agenda, but since that time he has received additional infor- mation and he would like to either withdraw this item or postpone it until there is someone available from the Florida Highway Patrol to answer some questions. He stated that 60 patrolmen for the whole State of Florida have been added and there are very few in Southwest Florida, adding that most of them have been assigned to the East Coast and the Northeast Coast and yet the County is being asked to subsidize them. County Manager tusk stated that this is not a request from the State, it is a request from the troopers in the County, adding that aODK 096 PAGt 211 Page 56 aoo," C96 PAGt 212 August 12, 1986 there are 15 patrol cars in the County and there are only an average of 3 cars that have radar units in them. He stated that the State furnishes the radar units, but they are a very inexpensive unit and they last about 4 or 5 months before they néed repairs and then after they are sent out for repairs, it takes 6 months to a year to get them repaired, which is why only 3 patrol cars have r~dar equipment left in them. He stated that the troopers have approached various counties and asked to be subsidized and in doing so, they have said that they will help to enforce the speed limi t in the County, and they. will not take ,the radar units out of the County. He stated th8t the troopers want the County to buy them dnd keep the ownership of them. Commissioner Holland stated that he does not go along with that idea, because by the County keeping the ownership, the County would also be responsible for the liability, which would involve repairing them, or handling a court case if somebody filed a case regarding the use of the equipment. Mr. Lusk stated that keeping them repaired is included within the cost, noting that there is a one year warranty on them and then there is a $600 annual meinten8nce contract, noting that when the third year comes around the troopers will probably be back asking for another $600. Commissioner Hollard stated that according to the State, the troopers are only going to be patrolling interstates and state high- ways. He stated that he would like to have a presentation from the troopers before he decides anything on this matter. Pðge 57 .. - .. ~.,--.~..........__..._.- <_,,' ~^_"·'''_''_'.~'''''_'''''~'_''~'''''''.~M''''''''·._''''''~ - - - August 12, 1986 Mr. tusk stated that he will have the trooper make a presentation to the Board of County Commissioners next week regarding this matter. Coamissioner pistor stated that this matter will be continued to next week when the trooper is available for a presentation. ***** Commissioner Voss moved, seconded by commissioner Goodniqht and carried unanimously, that the followinq items under the consent agenda be apprQved and/or adopted: ***** Item 127 APPROVAL OF REVISED CONTRACT IN THE AMom~T OF $30,379.93 AND ACCEPTANCE OF COM~LETED CONSTRUCTION OF GOLDBN GATE BLVD. (AIRPORT-PULLING RD. TO OAKS BLVD.) IN ACCORDANCB WITH BID '826 See Pages ..w:;:£. tbcuænt not received in Clerk's office as of 8/21/86. lte. 128 LAKB TRAFFORD MEMORIAL GARDENS CEMETERY DEED NOS. 467 THROUGH 470 See P',ges õl J /... ¿) c2 ¢ Item 129 PART-TIMB POSITION FOR 6' DAYS IN TRANSPORTATION DEPT. TO COMPLETE SBCONDARY RIGHT-OF-WAY ASSIGNMENTS Ite. f30 ADVERTISING FOR CONSULTING SERVICES AND SELECTION COMHITTBB APPROVED AND DIRECTED TO SHORT LIST ENGINEBRING CONSULTANTS FOR SBGMBNTS OF IMHOKALEE ROAD, AIRPORT-PULLING ROAD, AND ISLE OF CAPRI ROAD Ite. '31 BASBMENT-ACQUISITION PROJECT FOR THE WIDENING OF AIRPORT ROAD BBTWEEN COUGAR DRIVE AND IMHOKALBB ROAD Itell 132 AGRBBHBNT WITH GOLDBIf GATB FlU CONTROL AND RESCUE DISTRICT FOR THB USB AND MAINTENANCB OF A SBPTIC DRAINAGE FIBLD ON PROPERTY OWNED BY THB COUNTY See Page ~~S-d..3 ð BOOK 096 PAGf 213 Page 58 .........- <IIV"'- _..._~- "."..........".,_.....,.,,"- ;~~,_."~."....,.',,..."'-----.....~.....,..,..".,.,... -- . -,""""""-..-..,"~~^"'''--'"----._--,,~------ "...-.--..-..,- ...... -. ......,- I\} li'DOI 096..,,214 .~. .......;.: Ite. 133 J!.. '.; SOCIAL SBRVICES CASBS W-4109, .-3269, AND W-2656 Item 134 CDHGB ORDBRU TO BUN:N CONSTRUCTION IN THB AMOUNT 01' $3,915 TO INCREASB THE SIZB OF SEPTIC TANK AND DRAINJ'~BLD AT NORTH NAPLES COMMUHITY PARK August 12, 1986 See Pages ¿¿ 3'/-...:t ~~ Ite. 135 GUH PERMIT 86-12 ISSUED TO MICHAEL KEL~Y Ite. 13 6 RECLASSIFICATION OF CLBRK II TO CLERK III IN THE UTILITIES BOOKKEEPING SECTION Ite. 137 CONTRACT FOR INSPECTION SERVI~ES AWARDED TO ENGINEERS 01' RECORD, PRC AND HOLE, MONTES , ASSOCIATES: INC. WITH PRC BEING PRIMARY ENGINEER, IN THE AMOUNT OF $.,900 FOR FORCB MAIN INSPECTION SERVICES See Page ~.3 .3 Ite. 138 UTILITIES ADMINISTRATOR TO BB THE AUTHORIZED SIGNATURE FOR THE COUNTY WATBR-SEWER DISTRICT FOR ITEMS THAT HAVE BBBN PREVIOUSLY APPROVED AND ACCBPTBD BY THE BCC Ite. 139 CERTIFICATBS OF CORRECTION TO THE TAX ROLL AS PRESENTED BY PROPERTY APPRAISER'S OFFICB 1982 TAX ROLL 700-702 7/29/86 1983 TAX ROLL 388-390 7/29/86 1984 TAX ROLL Page 59 - - - .~, ..._--------~,,~_.~«,.,"'- ~~{,'" , ~~::.. ~~t: :~; ~.·..~i¡~~ ,¡~f', I¡ :~.:;~~. .. .. .. 249-2S1 August 12, 1986 7/29/86 1985 TAX ROLL 210-21'2 It.. 140 BXTRA GAIN TIME POR INMATB NOS. 12854, 41304, 49206, AND 45036 7/29/86 It_ '41 MISCELLANEOUS CORRESPONDENCE - PILED AND/OR REFERRED There being no objection, the Chair directed that the. following correspondence be filed and/or referred to the various departments as indicated below: 1. Letter from Tom Lewis, J.':., AIA, A':"'chitect, Dept. of Community Affairs, forwarding a copy of proposed amendments to Rule 9J-S, and advising of two public hearings to be held on August 11 and August 13. xc: Pam Brangaccio; Vickie Mullins; Filed. 2. Memorandum dated 7/2~/86 from Don DeLaney, Section Administrator, Dept. of Community Affairs, regarding Enterprise zones; Application deadline. xc: Pam Brangaccio; Vickie Mullins; Filed. 3. Memo dated 7/21/86 from David W. York, Ph.D., P.E., Acting' Chief, DER, regarding FY 1987 Construction Grants Priority List, and attaching the draft FY 1987 construction grants priority list for wastewater treatment works. xc: Neil Dorrill; Tom Crandall; Filed. 4. Memo dated 7/23/86 from David W. York, Ph.D., P.E., Acting Chief, DER, regarding Construction Grants Program priority System for Wastewater Treatment Works, Description of Organization, and Forms Rules, and advising of public workshop to be held August 14 and attaching workshop drafts of the proposed revisions. xc: Neil Dorrill; Tom Crandall; Filed. s. Memo dated 7/23/86 from David W. York Ph.D., P.E., Acting Chief, DER, regarding Cl20S97020 (Step 3) - Collier County Treatment and Transmission Facilities, and attaching approved copy of HMA File No. 85.54, Infiltration Inflow Analysis for the Collier County 201 Facilities Plan Update. xc: Filed. aDD~ 096 P.\Gt 215 Page 60 10"~ ; :. . i; j '. . '1 \.' ~}j , ~'J . -"¡" . . ìY' ! '}T ~.~p. ...:~, ;1 :':"",_$:~" '. ',i"ot: ~t~ ~, 1,':, ~~" Jlt" ':(f¡,' .¡Vi>t;; '- :,/ "~.". . ~'.';'. ...... ¡¡¡ :;~ i ., . ~~. ;':/. " -............,.,. #~ aOOK 096 mt 216 August 12, 1986 6. Letter dated 7/31/86 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short form application (File No. 11l22849S, lll22893S, and lll23l46S) which involves dredge and fill activities. xc: Pam Brangaccio¡ Community Development; Dr. Proffitt¡ Filed. 7. Letter dated 7/25/86 from C. H. Fancy, P.E., Deputy Chief, DER, advising that the DER, under the authority delegated by the U.S. EPA, has reviewed the proposed construction of The Resource Recovery Plant and reached a preliminary deter- mination of approval, with condition, for this construction. xc: BCC; Neil Dorrill; Bob Fahey; Filed. 8. Letter dated 7/23/86 from Jeremy A. Craft, DNR, Bureau Chief, regarding the Resource Extraction Reclamation Act, Part IV, Chapter 378, FL Stat., which requires the reclamation of all mined lands, and encouraging ~ctive involvement in the proceedings. xc: Don Lusk: Tom Kuck; Filed. 9. Memo dated 7/lS/86 from .~onald F. Cook, CPA, Finance Dept., to Robert Fahey, Solid Wastl~ Director, regarding Solid Waste Disposal Financial Statements for the period ended June 30, 1986. xc: Lori Zalka: Filed. 10. Memo dated 7/15/86 from Ronald F. Cook, CPA, Finance Dept., to Ken Pineau, Fleet Management Director, regarding Fleet Management/Motor Pool Financial Statements for the period ended June 30, 1986. xc: Lori Zalka; Filed. 11. Memo dated 7/17/86 from Ronald F. Cook, CPA, Finance Dept., to Doug Greenfield, EMS Director, regarding EMS financial state- ments for the period ended June 30, 1986. xc: Lori Zalka; Filed. 12. Memos dated 7/18/86 from Ronald F. Cook, CPA, Finance Dept., to Thomas Crandall, Utilities Director, regarding County Water-Sewer District, Goodland Water District, and Marco Water and Sewer District Financial Statements for the period ended June 30, 1986. xc: Lori Zalka; Filed. 13. Memo dated 7/24/86 from Ronald F. Cook, CPA, Finance Dept., to Charles B. Hudnell, Director, Farmers Home Administration, District V, regarding r~HA Quarterly Reports thru June 30, 1986. xc: Lori Zalka; Filed. . 14. Received on 8/l/86 copies of letters from Redmond Jones, President of Naples Park Area Association and Lucy Veccia, stating opposition to the drainage of the Beach Walk Development. xc: BCC; Filed. Page 61 - - - - ··'1"..""';-.-.'···...·.· :. "!"...,,:~,, "1. ,)'::;;:; ,....,..:.:.'....:,...'.. . ..;/~ 'f' .f' >:i r' , 1';.\, . '''C'. , August 12, 1986 Preliminary Notice to Contractor & Surety dated 7/31/86 informing that Jennings Architectural Hardware, Inc. has fur- nished hollow metal doors and frames, toilet accessories/partitions for Collier County Racquet Center, Field Control Center and equipment building located in Immokalee, Florida, under an order given by Bayside Builders, Inc. xc: Pam Brangðccio; Kevin O'Donnell; Filed. 15. 16. Memo dated 7/22/86 from Sheriff Rogers regarding Florida Sheriff's Statewide Operational Assistance Mutual Aid Agreement, and attaching a copy of the agreement. xc: BCC; Filed. 17. Letter dated 7/23/86 from Donald E. Pellecchia, Deputy State Attorney, pertaining to questions regarding the underwriters of the Solid Waste and Resource Recovery Revenue Bonds. xc: BCC; Ken Cuyler; Filed. 18. Letter dated 7/21/86 from George L. Varnadoe of Young, Van Assenderp, Varnadoe & Benton, P.A., requesting that the hearing on The Woodlands HMA file No. l82.60, DRI #8485-53 be rescheduled from November Ie, 1986, to November 4, 1986. Referred to BCC and it W~d decided that it would be heard on Thursday, November 6, 1~86. xc: Filed. Ite. 142 PROPERTY APPRAISBR'S BUDGBT ~~~BPTED ACCORDING TO BUDGBT OFFICE RECOHMBNDATIONS AND CHAIRMAN TO FORWARD SAME TO THB STATZ DBPARTHZNT OF RBV!:NUB Budget Analyst Carnell stated that the Property Appraiser's budget is two parts, one is the main bulk of the budget which is reviewed and approved by the State Department of Revenue with input from the Property Appraiser and the Board of County Commissioners. He stated that the Board of County Commissioners has until August 15 to furnish their recommendation on this budget to the State Department of Revenue, but it is the Stat~ that makes the final decision on the budget. He stated that the tentative budget under total aDO ( 096 PAG~ 217 Page 62 " i ~.",,",,"-""--"";""~"'-'----_. _"f<"''''''__'''''>'~_~''"'__;'''''_I' '_f .'<.~"~.,,.....,------.......--- IOO~ (J~f)I'Açr~Jl~ August 12, 1986 appropriations is increasing by 5.9% an~ the budget office recommen- dation is for an increase of S.l%. H~ stated that the department called "Property Appraiser" is the State reviewed and approved budget which pays the salaries and fringe benefits of 37 employees. He stated that there is no re~uest for new personnel. He stated that there is a little over $100,000 in capital outlay requested in this budget, with the bulk of that being for a lease/purchase payment on a computer system that was purchased a year ago, that is a 3-year lease/ purchase agreement. !rape 110 Mr. Carnell stated that the increase for this particular bUdget is 4.8\ for the portion that is reviewed by the State. He stated that the other department called "Expenses Paid by the Board", are expenses related to the Property Appraiser function that the Board of County Commissioners pays out of the General Fund. He stated that the ten- tative budget is increasing 70.6% which is due to increases in insurance cost, adding that one of the first recommendations is to move part of the cost, approximately $l2,000 into the "Property Appraieer" budget and out of the "Expenses Paid by the Board" section which does not affect the bottom line. He stated that by doing this, it is not all the "Expenses of the Board" and if it goes into the State budget, then everybody pays their share. He stated that the Department of Revenue has agreed that it is permissable to move the liability insurance, crime insurance and auto insurance into the State Page 63 .. .. .. - .. .. August 12, 1986 budget. He stated that it is his understanding that the Property Appraiser is agreeðble to this. He stated that the Budget Office recommendation is ð $6,000 adjustment to the legal fees, adding that the Property Appraiser requested $18,000 from the State for legðl fees and the Budget Office recommends $l2,000, which is derived from pre- vious bistorical data. He stated that the next item is a $3,000 .' ad~ustment in the budget for unemployment compensation, noting thðt a~in, based on previous historical dðtð, this amount is not needed. H~étated that another thing to consider is that each year under State ";. J_ la~~ã¡l the Constitutional Officers are required to return the unspent '" .,,,. " funds"rrQm their budgets to the Board of County Commissioners General ........ Fund, adding that in the past two years, the Property Appraiser has returned a total of ðpproximately $107,000 to the Board of County Commissioners. He stated that there is leewðy in the budget to accept these recommendations from the Budget Office. Commissioner Pistor stated that this would have to be with the understanding that if more money is spent for legal fees or unemployment compensation requires more, then the Property Appraiser will have to come back to the Board of County Commissioners for the additional money. Budget Director Zalka stated that the Property Appraiser is requesting thðt the Board of County Commissioners write a letter to the State making this recommendation if this is what is decided. She stated that he would support this letter. &OO~ 096 PAr.~ 219 Page 64 --._~- - aOG~ (;96 pÅGt220 August 12, 1986 Mr. Carnell stated that he needs the Chairman to be authorized to send the recommendations to the State Department of Revenue with the understanding that Tallahassee makes the final decision. Commissioner Voss moved, seconded by Commissioner Goodnight and carried 3/2, (Commissioners Holland and Hasse opposed), that the Property Appraiser's budget be approved as recommended by the Budget Office and authorizð the Chairman to forward said budget to the state Department of Revenue. . * * * . There being no further business for the good of the County, the meeting was adjourned by Order of the Chðir - Time: 3:40 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OP'P'ICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL /' // ..\,."'-'" .....;. ,.'.... ,..,~,~c..~.~~~ !?o ". .,'_ð .....,.. :'(!::.. ~.. 0' v . ...,.. .~.._ A~'r.i ;.' - ') :,". C¿ J~fC~:GILE.S~~K \ ~ \ ~ -. ,",:,(:':' "v _ . "~.4' '{Ij,¡' ¡ . " ", ", '. .... Th~e,,~~outes ðpproved by the Board on ~ or as corrected .~ r;¡-- 4A4fK CHAIRMAN £}c . as presented .æ~--'C,,/:;,P'¿ Page 65 .. .. ..