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BCC Minutes 10/22/1985 R - .. ...., Naples, Florida, October 22, 1985 LET IT BE REMEMBERED, that the Board of County Commi.sioners 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 lav and having conducted busines. herein, met on this date at 9:00 A.M. in Re9w1ar ....lon in Building -,- of the Courthouse Co.ple., t.st ..ples, Florida, With the followlft9 ...bers present: CHAIRMANs Frederick J. Voss VICE CHAIRMANs John A. Pistor Max A. Rasse C. C. -Red- Holland Anne Goodnight ALSO PRESENT: William J. Reagan, Clerk, Maureen Kenyon and Elinor Skinner (2:00 P.M.), Dep.ty Clerks, Donald B. Lusk, County Manager, Neil Dorrill, Assistant County Mana~er, Pam Brangaccio, Deputy Assistant County Manager; Burt Saunders, County Attorney; Ken Cuyler, Assistant County Attorney; Vickie Mullins, Community Development Administrator, Tom Kuck, Public MOrks Administrator, Tom Crandall, Utilities Administrator; David Pettrov, Planning and Zoning Director, Ann McKim and Barbara Cacchione, Staff Planners, Dr. Edvard Proffitt, Natural Re.ource. Manage.ent Director, Nancy Israelson, Adaini.trative Assistant to the Board, and Captain Sam Bass, Sheriff'. Department. ('; - ;~:' "~~~j .Þ1,¡ f1~~, J. : '~cn ",,,,~IÎ'J~..:\.;' '~t;::':~\\~ . "'I! lOOK 090 PAG£ 256 Page 1 .. .. .. October 22, 1985 'rape II Itea II AOKlDA - APPROVID WITB C~IB eo.ai..loA.r Bas.. ....4, ..co.d.d br Co..l..lon.r Plstor and carried unanl.ously, Uat U. ageo4a be approv.d with tbe fol1owiD9 cbange.. A. Addition of Item lOA(5) re discussion of Comprehensive plan Element procedures. B. Deletion of Item 16E(2) re liability coverage for Helicopter C. Item l6F(1) moved to llB r. offic. furniture for County Attorney's office. D. Item 16F(2) moved to llC re resolution re travel request for County Attorney and Staff. E. Item l6F(3) moved to llD re Personnel Action Report for the Assistant County Attorney. It.. 12 "IIUTES or OC'rOBER l, 19a! - APPROVED AS PRISKlTID Commis.loner PIstor ....d, ..coftded by eo..I..ioner ..... and - carried unani.ously, Uat U. .inut.. of October 1, l,a5, b. appro..d a. pr.sented. ne. 13 IItPLOYlI SlaVICI AWARDS - PRZSDTZD Commissioner Voss presented Employe. S.rvice Avards to the following employees: Johnny Billie/Engineering Kathleen McLarty/Public Works Bennie Spencer/Road' Bridge Gordon Kelley/Building Maintenance Rhonda Snell/Budget Offi~e 15 years 10 years lO years 5 years 5 years It.. 14 DOIIALD WBUI.D, SCALa UllDD/CURJ[/SOLID WASTI DIPAR"I'KD'I'~ UCOGIIlIm AS EMPLOYII or TBI MOWTB rOR OCTOBIR, 19a5 Commissioner Voss acknowledged that Donald Wheeler, Scale Tender/Clerk of the Solid waste Department is recognized as the Employee of the Month for October, 1985. He noted that he has been a member of the Naples landfill staff since opening day and is also the oldest member of the Solid Wast. Department. It.. . 5 PROCtAllA'I'IOII DISIGIIATIIIG 0C'f. 23-25, '1985, AS ·AIOIISn DAYS· - ADOPrID Commissioner Hasse read the proclamation indicating that October lOOK 090 PA'.r 266 Page 2 ..,.,.._~-"..._-_.,--- _c~.......__..,,,.,._-.."__,.,,.._~,,-_. ," ,~....",.__."_..._,__~,....".~:o~.,,,~.~,_._ 1001( 090 W! 267 October 22, 1985 23-26 ~uld be recognized as Amnesty Days vhich is for the purpose of pro~oti~9 the environmentally safe disposal of hazard~us vastes. eo..i..loner ..... mo.ed, ..conded by Co..i..loner ,1.tor and carried aD.niaoaaly~ that the procl...tlon d..lgnatlng October 23-21, 1985, a. -Amne.ty Day.- be a4opted~ Natural Resources Manag..ent Director Dr. Proffitt accepted the proclamation, indicating that all hazard~u. vaste ..terials could be hrought to the north side of Sears parking lot at Coastland Mallon October 23, 1985, for disposal. - .. Page 3 ., - .. - -''¡'.'''''' ~....._"-,«,..,".",,,,-->._..,,,,~_.,,,_.,-,._<..,._.,,-, ..--.-...~,,'-~.,~,. '".' Ite. "00< 090 p~'.r 2G9 October 22, 1985 ORDIIlAllCI as-,. RI ale CTPRas ARIA or CRITICAL STATI COIICIRII ILDlIII'r AS All ILDlIII'r ow 'rill COLLIIR couarn COMPR&IIIMSIft 'LAII - ADOPTID. RKSOLUTIc. 15-211 RIQUISTIIIC TIIA'r COPUAIID AIID POR'!' or ftl ISLAIIDS II DICLAaSD UUAII ARIA . IUJIPT rROM ARIA or CRITICAL ARIA RIQUIRDlIII'rS - ADOna. STAP' DIIt.lC'BD '1'0 PRI'AD MEW ORDIIlAllCI PROVIDIIIC MEW PlECHAIIISJI rOR MIIIDMIJITS TO COMP 'LAII. TO ADVER'J'III . RITURJI WIT. SAIII. Legal notice having been published in the Naples Daily Nevs on Septembec 20, 1985, as evidenced by Affidavit of Publication filed vith the Clerk, public hearing vas opened to consider amending Ordinance 83-54, the Co.prehensive Plan for Collier County, by adding The Big Cypre.. Area of Critical State Concern Element. Planner Cacchione stated that this amend.ent is required due to legislative changes in 1983 vhich required Collier County to address the critical areas as part of their adopted Comprehensive Plan. She stated that this document vas prepared in late 1983 and the first public hearing vas held on January 19, 1984 in front of the Collier cou~ty Planning Agency. She noted that it vas then revieved by the State Department of Community Affairs and the Regional Planning Council. She noted that two evening pUblic hearings vere held, the first being on September 5, 1985, in front of the CCPA and vas unanimously recommended for approval and the second evening pUblic hearing wu held by the 8CC 0\1 September 23, 1985, and at that aeetlng the date for final adoption was .~t for October 22, 1985. She s4id that at the meeting on September 23, 1985, there vas one recom.ended ~hange to the document vhich occurs on Pages 6 and 8 of the element WR1ch adds the vested areas into the·land use section of the Comprehen- sive Plan which vas ori9inally omitted. She referred to an overhead . map indicating the seven square miles of vested area that is found within the critical area. She indicated the critical area boundaries adding that most of the critical area designation is found vithin Collier County. She noted that the element itself provides an introduction, a history of the legislation, a description of the demographics and the land USe designation, and it also provides for an implementation strategy. Mr. Lavrence Haraon of Ochopee, stated that he is representing Copeland and indirectly Port of the Islands which are designated on the Comprehensive PIan as urban areas. He stated that the Bi9 Cypress Area of Critical Concern formerly listed Ochopee as an excluded urban area, adding that there Is no reason to exclude Ochopee anymore since it has Page 4 - - - .. .. .. October 22, 1985 been purchased by the Big Cypr.ss National Pres.rve. He stated that he is askin9 that the Co.mission .eke a recommendation to the State to recognize the urban area. that are on the Comprehensive plan In the Bi9 Cypre.s Critical Concern Area. He noted that he knows that the Com~ission cannot change the boundaries of the state area, but vith the recommendation of the Co..ission, it would b. easier for hi. to follow throU9h to get the.. area. excluded or the boundaries chang.d, vhich- ever is appropriate. Planner Cacchione stated that this has been discussed before and the Planning Agency did .eke tbat r.commendation to the BCC also, adding that the procedure would be to recommend to the Governor and Cabinet that these ar.as b. excluded from the critical area. She stated that the exact proc.ss of that is a little different for the Big Cypress area since it vas adopted under different Sets of l.gislative criteria in that the peopte at DCA are not sure hov to proceed. She noted that it would involve a pres.ntation to the Governor and Cabinet . - if a resolution is passed by this Board. She stated that the purpose of designatin9 these areas as urban are.s on the Comprehensive plan is to allov those communities to continue in the same .enner as they have in the past. Co..l.sloner Pistor ...ed, .econded by eo..i..loner sa..e and carried unanimously, that the pabl1c bearing be clo.ed. Co..i..loner Pi.tor ....d, ..conded by CO..i..loner sa..e and carried ananlaou.lJ, that the Ordinance a. numbered and entltled below be adopted anð entered Into Ordinance Book Mo. 22s ORDINANCE 85-64 All ORDlllAJlC1 MlJß)lllG ORDIIlAllCI 83-54, THE COftPRnnSlVE PtAJI fOR COLLlIR COUJITY, rLORlDA BY ADDIIIG All ILEMan' TO THI COMPRIHDSIYI PLAII DTITLID 'fII& BIG CYPRISS ARIA OF CRITICAL S'rATI COMCIIUI ILEMDT, BY PROVIDIIIG A BIS'I'ORY or '1'81 LEGISLATI01I RIGARDIIIG '1'81 BIG CYPRESS ABU. or CRITICAL STATI C01ICIRII, PROVIDIJlC A DISCRIPTIOll or TBI ARIA, SITTIMC fORTH '1'81 RICULATIOIIS COVlIUIIJlG LAJlD USI AJID 'fII& PROTICTIOII or IlATURAL RUOURCBS I. '1'81 8IC CYPRISS ARIA or CRITICAL STAT 1 C01ICIRII, "ORl PARTICULARLY DESCRIBED BlUllI AJID PROVIDIIIG All ErrECTIVI DAft. Co..is.ioner Pi.tor aGYed, .econded by Co..i..loner Ba..e and carried unanlmou.ly, that R..olutlon a5-21a be ..nt to the Covernor and Cabinet, DCA, and tbe Legl.latlve body requesting that Copeland and Port of tbe Islan4 be declared exempt from tbe critical area requlre..nt.. County Attorney Saunders stated that the County ordinance provides lOOK 090 PA'.t 210 ~---,..- Page 5 lOOK 090m¡271 October 22, 1985 for amen~.ents to the Comprehensive Plan by the County Co..ission and vill be amended once a year, adding that State Statute nov provides that the Comprehensive Plan can be amended tvice a year. He stated that the Commission is being .sked to consider directing Staff to amend the County Ordinance to be consistent vith the nev State Statute to provide for amendments tvice a year and in addition, adding that since there are several applications for Comprehensive Plan a.endments that are pending, vhich are in various degrees of reviev by the County Staff, he would like the record to reflect that the public hearing considering those Comprehensive Plan amendments along vith the one that was just approved is continued generally until the next amendment is brought to the Commission vhich vill be around November 21, 1985. He stated that he would like 80.. direction from the Board regarding changing the Ordinance to reflect the amendment process. He stated that he does not need action from the Commission regarding the hearing as long as the record reflects that the hearing is continued. Coaabø1oner Pl.tor .."ed, .econded by eoaal..loner ..... and carried unanimou.ly, that Starr be directed to prepare a new ordinance providln9 a new mechanl.. for a..ndment. to tbe Compreben.l.e PIan and to adverti.. for .... to be broogbt back to tbe BCC for tbeir consIderation. - RESOLUTION NOT RECEIVED IN &LERK OF BOARD'S OFFICE AS OF NOVEMBER 1, 1985. .. Page 6 .. .. .. October 22, 1985 Item . 7 ORDIJWlCI 15-65 RI PITt'fI01I R-I5-17C, COfUItU1lIT'f DIVELOPPlD'l' DIY. RIQUU'I'IIIG A DleMl nOR -"'-2- 'rO -RO- POR COUllT'f PAJUt CIOR'rB .MUS) - ADOPTED Legal notice having been published in the Naples Daily Nevs on September 20, 1985, as evidenced by Affidavit of Publication filed vith the Clerk, public hearing va. opened to con.ider Petition R-85-17C, filed by the Community úevelo~ent Division, representing the BCC requesting a rezone from -A-2- to -RO- for a county park located approximately 1/4 aile south of Iamokale. Road and 3/4 aile west of Airport Road in Section 26, Township 48 South, Range 25 East, consisting of 37.9 acres. Planning and Zoning Director Pettrov stated that the objective of this petition is to develop a County park, adding that the lands to the north are zoned A-2, to the north across Iamokalee Road is zoned RSF-3, to the east are zoned Rsi-3, to the northeast are zoned RSF-3, to the south are zoned A-2, and to the west are zoned I. He noted that to the- north is undeveloped pine flatwoods, across C.R. 846 are single family . dwelling units vhich i. Pal. River, to the east i. undeveloped pine flatwoods and Southvind Estates, to the south is agriculture and to the west is the North Naples Sever Treatment Plant and a plant nursery. He stated that Staff and all appropriate County agencies reviewed this petition and recommended approval subject to Staff's Stipulations according to the Staff report dated September 26, 1985. He reported that the park that is being proposed and has received funding Is for an amphitheater, football/soccer field, associated baseball/softball fields, tennis courts, parking and lighting facilities, maintenance building, admini.tration and recreation buildings vhich is going to be phased. Co..l..1oner Pl.tor 8Oved, ..conde~ by eo..l..loner Ba..e .nd c.rrl.~ unanlmou.ly, that the public be.rlng be clo..d. Coaal..loner PI.tor ...ed~ ..cond.d by eo..l..1oner S.... .nd carried unanlmously, that the Ordinance a. nuaber.~ .n~ .ntltle~ below be .dopted subject to the fol1owlng .tlpulatlon. and entered into Ordinance Book 10. 22s aDDK 090 PAr.! 272 Page 7 ~-~-"-~--"--_._-,._~,,.~,",~.,-,,,..,.....,, ,,' ".. ~~. <~"-~""'.~"" '" '--',' ".."._.---......,-~~---" 100< October 22, 1985 ORDIIWICI a5-tiS All ORDIIAJICI ,,"DDllIe ORDlllAJlC1 82-2 TBI COIIIPREBDSIVI 10llJIG RlGULATlOMS rOR TBE UlllCORPORATID AR&A or COLLIIR COu.'rY, rLORIDo\, ay ,,"DDIIIa 1111 OrrICIAL 10111110 ATLAS flAP .UMBIR 4a-25-7 IY CBAlGIJIG TBI ZOIIIJIG CLASSIrlCATIOII 0' THE BEREl. CESCRIBED PROPERTY LOCATED APPROXIMATELY 1/4 MILl SOUTB or lAMOKALl1 ROAD AND 3/4 MILl waST or AIRPORT ROAD IN SICTION 26, TOWISBJP 4a BOUTS, RAlGI 25 EAST, PROM A-2 TO RO, AXD BY PROVIDIIG rOR ~ IrrlCTIVl DATI. 090 w.~ 273 1. That the Parks and Recreation Department and their engineering contractors (Wilson, Miller, Barton, Soll , Peek, Inc.) work in concert with the Natural Resources Management Department to ensure that the 50\ of the site not destined to be cleared be kept in as natural a state as possible. For this area, only lov impact uses, such as a par course using the numerous existing trails for example, should be planned. Where possible, understory vegetation, as well as canopy species, shall be saved. The petitioner and engineering firm will work with the Natural Resources Management Department to site the area to be cleared so as to avoid the best forested habitat, if possible. A site clearing shall be submitted to the Natural Resources Management Department and the Community Development Division for their reviev and approval prior to any substantial work on the site. This plan RaY be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and hov roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Native species shall be utilized, vhere available, to the maximum extent po.sible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their reviev and approval. This plan vill depict the incorporation of native species and their mix vith other species, tf any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Folloving site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, vhich vill describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. 2. 3. 4. - 5. 6. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that 10cation shall be immediately stopped and the Natural Resources Management Department notified. Dovelopment vill be suspended for a sufficient length of time to enable the Natural Page 8 .. .. .. ...........-_..~...<-'. '-..->---.----,.--.............>-,....- .. .. .. October 22, 1985 Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources ~~nagement Department vill respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 7. Detailed site drainage plans shall be submitted to the County Engineer for reviev for all nev construction. No construction permits shall be issued unless and untl1 approval of the proposed construction, in accordance vlth the submitted plans, is granted by the County Engineer. 8. A westbound left turn lane shall be provided on Immokalee Road at the entrance to the park. 9. Arterial level street lighting shall be provided at the park entranCe. 10. The Utility stipulations per their memo dated August 19, 1985. (appended) . 11. The setbacks shall be left vith the existing native vegetation intact. . ,. I" .. J J '¡, ~,' ."', .~. ~1:;/" ~~.~: . .'I4'~,';:' . . ';.;~ '.(,t.:' '.:<~' ' lOOK 090 PAr.! 274 Page 9 ,_..o!!I........ - '"" :,7t( ,~ October 22, 1985 Ite. 18 IIITERIM )CATI IICRUSI roa COUJITY'S SOLID WASTI COLLIC'I'IOJI nAIICBlSI HAULERS - APPROVED Legal notice having been published in the Naples Dai¡y News on October 1, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing vas opened to consider an interim rate increase for the County's Solid Waste Collection Franchise Haulers. Public Works Administrator Kuck stated that Collier County currently has tllree franchise haulers providing service to various segments of the unincorporated areas of the County, adding that it has been three to five years since the franchise haulers have received a base rate increase. He noted that Immokalee Disposal, vhich has not received a rate increase since 1980, is requesting an increase of $1.65 per month which is a 38\ increase and would bring the total residential . charge up to $8.25 per month. He stated that most of this increase is based on fuel increase cost and ins~rance increases. He stated that __ Marco Disposal has not received an increase since 1981 and they are requesting a $.32 per month increase which would be 6\ and would make their total residential charge $7.77 per month. He indicated that Yahl Brothers' last increase was in 1982 and they are requesting an increase of $.28 per month for a 5\ increase vhich would make their total residential charge $8.03 )fer month. He reported that Batson, Jones, Bennett' Co., Certified Public Accountants, who were approved by the Board to reviev these interim increases, have recommended approval. He stated that the Solid Waste Advisory Committee and Staff also recommend approval of the requested increase. Commissioner Voss stated that this request should be handled by the Collier County Utility Rate' Regulation Board. County Attorney Saunders stated that the ordinance that established the CCURRB provides that their jurisdiction only deals with Utilities, water-sever companies. He stated that this could be changed by an amendment to their ordinance which could be done as an emergency ordinance at the next BCC meeting. He stated that another issue is timing, adding that the franchise agreements provide that the rate applications must be considered by the BCC and approved or rejected vithin 120 days from the date of application. Public Works Administrator ~uck stated that these applications were received in the early part of August. Commissioner Pistor stated that this could be pas..d as an 1..lterim !DDK 090 WI 276 Page 10 IDÐ( 090 PJ'.¡ 277 October 22, 1985 increase and still referred to the CCURRB for a final recommendation. Public Works Ad~inistrator Kuck stated that the County is looking at mandatory collection and if that is done, there vill be a nev analysis made vhich may affect the rates six months or a year from novo County Attorney Saunders stated that if the County fails to render . final decision within 120 days, such proposed nev rates shall take effect, adding that the time limit Is getting close. Tape 12 Mr. William Neron, Manager of Public Management Advisory Services of Batson, Jones, Bannett. Co., P.A., stated that his firm vas engaged to do a reviev of the interi. rate increase request and after field checking their requests, it va. determined that the inte~i. increases requested by the franchise haulers are reasonable. He stated that it vas also his understanding that at some future time, vlthin the next several ~onlhs, it vas the intent of the Bcë to look at mandatory collection as well ~s looking at a possible complete rate reviev of all the franchise haulers. He stated that vith these factor. in mind, he thinks that it would be proper for these interim increases to be granted with the understanding that they could be revieved later as a part of an in-depth rate reviev analysis In conjunction vith the reviev of mandatory collection. Co..l..loaer PI.tor ....d, HCOn4e4 by Co..l..lon.r Ba... and carrl.d unanl.ou.ly, that th. public b..rlng be cl0.ed; Co..l..loner Pi.tor ao.ed, c.conded by Co..l..lon.r Ba... and carrl.d unanl.ously, tbat tb. lnt.rl. rat. lncr.... for tb. County'. - . 8011d Wast. Coll.ctlon Francbl.. Baal.r. be appro..d .. .bown In Ixblblt -A- of th. Iz.cutlv. SU88ðry; , Page 11 .. - - -_._.~--- .-._--- --~ "~_h'.'.~"" Ite. ,tOOK 090 W,t 279 October 22, 1985 RUOLUTIOII 85-2J.' APPROVllIa TB& PIIlAL ASSE8SMD"J' rOR TBI GOLDn GATE UVIT 2, BLOCK 74, ALLEY 'AVIlla ASSESSMOT DISTRICT - ADOPTED Legal notice having been published in the Naples Daily Nevs on October 6 and October 13, 1985, as evidenced by Affidavit of Publica~ tion filed with the Clerk, public hearing vas opened to consider the final assessment for the Golden Gate Unit 2, Block 74, Alley Paving Assessment District. Public Works Administrator Kuck stated that on December 11, 1984, the BCC created the Golden Gate Unit 2, Block 74, Alley paving Assessment District and authorized the Engineering Department to prepare plans and specifications and advertise for bids for said alley improvements. He stated that all alley improvements have been completed and the final cost is $48,689.60 vhich results In a final assessment of $15.38 per front foot. He noted that the original estimate for this project vas $15.48 per front foot. He reported that the Fiscal Officer has recommended a pay back period of 5 years vith an interest rate of 9\ for this project and he is recommending approval of the resolution. Coaai..loner Pl.tor ao..d, .econded by Co..l..lon.r "..e and carrl.d unani.ously, tbat tbe public b..rln9 be cl0.ed. Coaai..lon.r PI.tor ....d, .econd.d bJ' Co..l..loner Goodnlgbt and carri.d un.nl.ou.ly, tb.t Re.olutlon 85-21' .pprovla9 tbe final ~."."ent for th. Gold.n Gate Unit 2, Block 7., AII.y P.vln9 As.e..- ~t District with a pay bact period-of 2 year. and an Inter..t rate of 9' be adopted and that th. Chairman be .uthorl.~d to e.ecute .ald R..olutlon and tb. Cl.rt dlr.cted to r.cord ....~ Page 12 October 22, 1985 Ite. 110 RISOUft'IOII as-220 RI pnlTIOII AV-85-011, PI.I COAS'!' DTlRPRISIS, LTD., RIQU£S1'IIIG 'fB1 VACATIOII or A PORTIOII or TBI RIGBT-or-WAY or ROYAL TRII 80ULlVARD - ADOPTED Legal notice having been published in the Naples Daily News on October 6 and October 13, 1985, as evidenced by Affidavit of Publica- tion filed vith the Clerk, public hearing vas opened to consider Petition AV-85-0ll, filed by Pine Coast Enterprises, Ltd., requesting vacation of a portion of the right-of-vay of Royal Tre. Boulevard, Royal Palm Golf Estates, according to the plat of Royal Palm Golf Estates Unit One, so that petitioner may utilize the right-of-way for an entrance to Royal Palm Golf Course. Public Works Administrator Kuck stated that this petition will allow the petitioner to utilize the right-of-way for an entrance to Royal Palm Golf Course, ~dlng that letters of -No objection- have been received from all pertinent utility companies. He noted that the Water Management Advisory Board has reviewed tne petition and has deterllined~ that the right-of-way is not required. He stated that the Petitioner is deeding additional right-of-vay and vill reconstruct the Cul-de-Sac to County standards. He reported that Community Development has reviewed the petition and has no objections. He indicated that he is recommending the vacation. Commissioner Pistor referred to the draving shoving the right-of- vay and questioned what vill happen vith Parcels -A- and -B- if there is no acceSs to them, to which Public Works Administrator Kuck stated that Parcels -A- and -B- are part of the clubhouse facility and this vill provide their entrance to the parking lot. Coaalsslon.r PI.tor moved, .econded by Co..l..loner Ba... and carried unanl.ously, that the public b.arlng be closed. Coaais.loner Pi.tor .oved, .econded by Coaalss1on.r Goodnight and carried unanl.ously, that Resolution as-220 r. Petition AV-a5-0l1~ Pine Coast Enterprise., Ltd. requesting vacation of a portion of the right-of-way of Royal Tre. Boulev.rd be adopted and the Cbalrman be .uthorlzed to .Ign said resolution .nd the Cl.rk to record ....~ aDO( (]90 p,r.! 282 Page 13 .. .. .. October 22, 1985 It.. 111 RESOLUTIOll CWS a5-l0 COIIrIMIIIG CRZATIOII or PALM SPRIIIGS SUBDIVlSIOllS WATER SERVICE IMPROVEMIMT DISTRICT - ~DOPTED. OTHER ACTIOHS APPROVED Legal n~tice having been published in the Naples Daily Nevs on October I, 1985, as evidenced by Affidavit of publication filed vith the Clerk, public hearing was opened to consider the creation of the Palm Springs Subdivisions Water Service Improvement District. Rate Analyst McNee. .tated that there have been changes In the preliminary assessment, adding that on September 17, 1985, the BCC directed that the affected property owners in the Palm Springs area be- notified of their proposed assessments. Ke st~ted that as a result of that notice, he was contacted by one of the major property owners in the area. He referred to a map indicating that said map was the original design of the Palm Springs area vhich consists of three separate subdivisions and the property owner that he heard from represents all the area in the lower two subdivisions. Be stated that this owner requested that four side streets be removed from the . assessment district to be consistent vith their development plans. He~ stated that the amended resolution would remove the four areas from the assessment district that are in question. He stated that he is asking that the amended resolution be adopted, vhich asks that authorization be granted for the Utility Division to obtain a loan in an amount not to exceed $155,000 for the construction of the project and to authorize the Division to advertise for bids for said project. Be stated that Some of the chang~s are that the assessment per front foot for the Palm Springs Estates U tit 1, which is the northern sUbdivision, has changed from $16.38 per foot to $14.77 per foot, and the assessment for the lower two subdivisions for this one owner has dropped from $121,000 under this plan to $69,000. He stated that this solution will help everyone. Commissioner Pistor questioned what vill happen to those four areas, to which Mr. McNees stated that if those areas are developed the main extensions vill be the owners responsibility at that time, which they prefer to do. Utilities Administrator Crandall stated that the property owner has indicated that it vill not be developed as it is laid out, adding that he is going to request a replatting at a future date. Assistant County Manager Dorrill stated that this property owner will be required to make improvements under the existing sUbdivision &OOK 090 W,: 286 Page 14 , . ,.II: p.- lOOK 090Pi,.:287 October 22, 1985 regulations. Co..laaioner .i.tor ...ed, .econded by Co..l.sloner ..... and carried unanimously, that tbe public bearing be c10.ed. Co..l.sloner Pi.tor ...ed, seconded by Co..ls.loner Goodnight and carried unanimously, that Re.olatlon CWS 85-10 confirming tbe creation of th. .alm Springs Subdlvl.ions Water Service Improvement District be adopted, tbat authorization be granted to obtain a long-term, fl.ed rate, cODventlonal loan In aD amount not to ..c..d $155,000, and tbat the Utilities Division be eaUorlae4 to edy.rtl.. for bid. for tbe propo.ed water ser.lce lmproy..ent. upon rec.lpt of eppro..l end filing vltb the Clerk tbe final plan., specification. and contract document.; - .. Page l5 - .. - October 22, 1985 "DDK 090 w' 291 It.. .n RESOLUTIOII a5-221 AIIDDIIIG VI I nARDS DEVlLOPMDT ORDIR TO lICORPORATB THOSE MDØlD'I'S WHICH AR& THI SUBJIC'f or TBI APPEAL at THI DEPAR11IEIIT or COMJIIUIIITY AFrAIRS WHICH BAVE BED RESOLVED BY ALL PARTIES - ADOPTED Legal notice having been published in the Naples Daily News on October 6, 198~, as evidenced by Affidavit of Publication filed vith . the Clerk, public hearing vas opened to consider amending the Vineyards Development Order to incorporate those amendments which are the subject of the appeal by the Department of Community Affairs vhich have been resolved by all parties. Planner McKi. stated that the Department of Community Affairs appealed the Vineyards Development Order on July 19, 1985, because of deficiencies relating to transportation and the County official who is responsible for compliance vith the Development Order. She stated that the DCA has recently issued vhat they call their interim interim transportation pOlicy vhich has made some changes in the vay the transportation commitment should read by the Developer and this has spurred several appeals which the Vineyards won. She noted that the DCA, the Petitioner, and the County staff have worked togother to develop satisfactory language pertaining to these deficiencies which have been incorporated into the Resolution. She stated that the BCC is required to approve this amendment which vill resolve the appeal by DCA. Sh. stated that she would also like to be alloved to œake some corrections that are grammatical, format and typographical that were found in proofing the copy, adding that none of these corrections are ~stantial or change any meaning. Coaai..lon.r Pl.tor 8Ov.d, .econded by Coaal..loner Ba... and .. carried unanl.ously, tbat tbe pabl1c hearlft9 be clo.ed. Co..i.sloner Pistor 8Oved, .econded by eo..l.s10ner Goodnlgbt and carried uanl.ously, that Resolution 85-22l a.endlft9 the Vineyards Development Order to Incorporate tho.. a.endment. whlcb are the subject of tbe appeal by tbe Department of Co..unlty Affair. vhlcb have been resolved by .11 parties be adopted and that the typographlcal errors, the format, and the gr....tical errors be corrected. Page 16 .. .. . .. It.. UQP( 090 ~A'~ 299 October 22, 1985 RESOLUTlOll as-222 RI PETlTIOII v-a5-26C, JOSI A. COROIIADO, RI VARIAJlCB FROM SlDI YARD SITBACK or 5' TO 0' TO ALLOW AJI ADDITIOI AT LOT 28, MOBILI MAIIOR SUDD., JMOItALEE - ADOPTED SUBJECT TO STIPULATlO1l Legal notice h~ving been published in the Naples Daily Nevs on October 6, 1985, as ~videnced by Affidavit of Publication filed with the Clerk, public hearing vas opened to consider Petition V-8S-26C, filed by Jose A. Coronado, requesting a variance from the required side yard setback of 5' to 0' to allow for the construction of an addition to a mobile home for property described as Lot 28, Mobile Manor Sub- division, Immokalee, in Section 31, Township 46 South, Rang_ 29 East. Planning and Zoning Director Pettrov stated that the subject property is located on the south side of we~tclox Street in Immokalee, approximately 240 feet west of Carson Road. He stated that the property is rectangular in shape and measures 60 feet by 150 feet and is zoned Village Residential vhich has a side yard setback of 5 feet. He stated that the rear of the existing mobile home is located less than 5 feet from the easterly side of the property line. He reported that the Petitioner obtained the necessary building permit and began construction of the concrete block addition in August, 1983, adding that the shell of the structure has been constructed and envelopes the mobile home but remains unfinished with respect to doors, vindows, and interior walls. He stated that the structure is located just a fev ~ches from the easterly side of the. property line vith a roof addition overhanging approximately 14 inches onto the adjacent lot. He noted that on January 2, 1985, the subject property v~s redtagged because of an expired building permit and violation of the side yard setback. He noted that the criteria for a variance is quite clear in the ordinance and because there is no evidence shown, Staff has no choice but to recommend denial. Commissioner Voss stated that the petitioner had a building permit and it was built according to the permit and nov Staff is telling him that he cannot do that. Community Development Administrator Mullins stated that the Building Permit vas issued for a five foot setback vhich was correct. She noted that the incorrect setback was noticed during one of the first inspections in terms of being addressed and questioned to the resident, at which time the resident mentioned to the inspector that he had the authority to build without the correct setback which was simply Page 17 .. - .. "'-- "'~'"--~-<--'---'~"""'.""""""-' ,. ~ October 22, 1985 a verbal agreement. Commissioner Pistor stated that the overhang creates a problem for both the property owner and the adjacent property owner if the property is ever sold. Commissioner Coodnight stated that Mr. , Mrs. Young, the adjacent property owners are not at all happy about it and they do not vant the 14 inch overhang on their property. Mrs. Nery Anderson of the Building Department was the interpreter for Mr. Jose Coronado. She indicated that according to Mr. Coronado he went to visit his neighbor to talk vith him about the matter, adding that his neighbor said he had talked with Commissioner Goodnight about it. Mr. Coronado, through the interpreter, indicated that he talked with the Zoning Department and they told him to talk with Mr. Young and according to Mr. Young he vas suppose to write a note to Commissioner Goodnight to let her know what he wanted to do about the overhang. Commissioner Goodnight stated that Mrs. Young called her and indicated that due to her illness sh~ vas not going to be able to - attend the meeting, but her concern is that the overhang 1s in her yard' and she does not w~nt it there. Commissioner Holland questioned who constructed the shell, to which the interpreter indicated for Mr. Coronado that he constructed it himself after obtaining permission from the Building Department. Coaaissloner Plstor moved, .econde4 by Coaalssloner Go04nlght and carried unanlmou.ly, that tbe public hearing be clo.ed~ Coaais.lon.r Plstor moved, seconded by Coaalssloner Goodnight and carried unanlmou.ly, that Resolution as-222 r. Petition V-aS-26C. Jose A. Coronado, reque.ting a varlanc. from the required 81de yard .etback of 5' to 0' to allov for the construction of an addition to a mobile bo.. on Lot 2a, Mobile Manor Subdlvl81on, I..okale., be adopted subject to th. .tlpulatl~n that the lC- ov.rbang be cut back to the property Une. Commissioner Voss questioned if Mr. Coronado understanðs tha~ he simply has to cut back the overhang to the property line, to which Ms. Anderson stated that Mr. Coronado understands this. Ms. Anderson questioned if Mr. Coronado can renew his building permit now and Commissioner Voss replied affirmatively. Commissioner Goodnight stated that that there are numerous other problems that are the same in Immokalee as the Building Department has allowed a lot of things out there. ~OD~ 090 ~r.1 300 Page 18 M<J 090 ",.' 303 ,-~ ~¡... Recesss October 22, 1985 10s00 A.M. - Reconvened. 10.10 A.M. ..... Tape '3 It.. 114 RKSOI.UTIOII 85-223 Dl~lllQ 1'111: OrrlCI: or 1'111: COUIITY ATTORHQ 'fa REQUEST All OPIIIlOll rROM TIlE ATTORIIIY GKlEAAL AS 'fa WBI:1'IIIR SICTIOI 847.0t PREEMPTS 1'111: FULD or REaULATIOII or OBSCDlln 'fa SUCB All EXTDT THAT THE ORDllIAJICI: TBAT IS PROPOSED TO BI DRAFTED BY THE cOUlln COMMISSIOI WOULD 8E INVALID - ADOPTED Co..l.sloner Pi.tor 8O.ed, .econded by Co..l..loner Bolland and carried unanimously, that ReaolutioD a5-223 directing the office of tbe County Attorney to reque.t an opinion from the Attorney Generel as to vbetber Section 847.0' pre..pts tbe fleld of regulation of ob.cenlty to .ucb an extent tbat the ordinance that I. propo.ed to be drafted by tbe County Co..i..loD would be Invalld be adopted~ - .. Page 19 - - - 090 w.~ 305 October 22, 1985 '* Item U5 ITDI usa U EXCAVATIOII PERMIT MO~ 5'.224, &AST GOLDSII GATE ELDlDTARY SCHOOL TO BI MOVED TO ITEM lOB2 - APPROVED Assistant County Manager Dorrill stated that there is a request from a citizen who is registered to speak on an item that is on the consent agenda, adding that it vill take Board action to move it off the consent agenda and onto the regular agenda. He stated that the ite. is 1688 and if the Soard chooses to discuss it, it should appear under Public Works as Item 1082, adding that it is an excavation permit for the Collier County School Board. Coaal..ioner Ba..e moved, .econded by Co..i..loner ,1.tor and carried unanlmou.ly, that It.. l'Sa re Excavation Permit 110; 5'.224~ la.t Golden G.te El.mentary Scbool be moved to Item lOB2; Assistant County Manager Dorrill stated that he has contacted the School Board and requested that someone be present on their behalf to answer any questions that might arise. Item 116 R&SOLUTIOI 85-224 AUTJlORIZIJIG THE CHAIRJIIAJI TO EXECUTE Dn COJITRACT MO; 01-126 ON BEHALF or COLJ.IIR COUMTY, AHD TO EUCUTI SIPARATI EMPLOYMENT AGRIEMDTS B!TWID COLLIER COUJITY AJß) DR. ROBERT GORE, MS. MAURA CURRAJI AHD MS. LINDA S. WElNU.JlD - ADOPTED Natural Resource. Management Director Proffitt stated that he is asking the acc to accept a $40,000 grant from the Department of ~vironmental Regulations that will tllov the Natural Resources Management Department to continue a data gathering and computerizing the efforts that have been on-going and funded ~y DER grant. for several years. He stated that the study began along the undeveloped coastal strand categorizing land use as to owner and habitat types and has moved into interior portions of the County novo He reported that the only match is what is involved in administering the grant project, adding that the three people that will be contracted to do the work have worked on the grant in the past. He stated that Dr. Core has run the program for two years, Ms. Curran has worked on the project since its inception three years ago, and Professor Wœinland has joined the team during the past summer. He stated that the next several items on the agenda will include contracts for Ms. Curran because of her expertise that she has gained through years of experience in the Coastal Zone Management and the Reef and Marine projects. Coaai..ioner Pi.tor aoved, s~conded by Com.i..ioner B.... and Page 20 .. .. .. ,_..._""'---_---...~",..;..."~"...;..~..,''',...,."....~-,_..._,-~..~"'-",''''--'-'''''''- October 22, 1985 carried unanl.ously, that Resolution 85-224 authorlalng the Chairman to execute DIR Contract No. CN-126 on behalf of Collier County, and to execute .eparate eaployaent agree..nt. between Coll1er County and Dr. Robert Gore, Ms. Maura Curran, and KB. Linda S. Welnland be adopted. .. . MIl)( 090 Pl~£ 306 Page 21 - - - .. October 22, 1985 It.m U 7 RESOLUTlOI as-22S APPROVIJIG 1'8E ALLOCATIOII or PUHDS UP TO $1500 rOR A SERllS or BEAca SURVEYS DKSICM!~ TO PRODUCE UP-TO-DATI BEAca PROrlLES AJlD AU1'80RIZUIG CBAllUWI TO EXECUTE EMPLOYMDT COJITRACT BE1'WEbI COLLIER COUNTY AND MS. "AURA CURRAIt - ADOPTED Natural Resources Management Director Proffitt stated that he is requesting authorization to use up to $1,500 of Community Development Reserves to resurvey a series of onshore to offshore transects along Collier County beaches in order to document the extensive erosion that has occurred or may have occurred since 1983 vhen they were last done. He stated that the reason for this is that the Florida Department of Natural Resources has recently produced a 10 year plan for beach renourishment that excluded much of Collier County that he thinks should be included. He noted that if Collier County, in the future, .. ever wants to participate in the State's plan, it needs to act nov while the DNR is still in the process of revising this document to put,- it in its final form. He stated that he recommends Ms. Maura Curran to do this work because she did the initial surveys vhen it va. part of the CZM grant soveral years ago and she is the best qualified to repeat the work currently. He stated that the work could be performed in about 1-1/2 to 2 weeks ano he vill be trying to get a student volunteer to assist her vith the work or possibly hire someone to help her hold the survey rods. Commissioner Pistor stated that it is important that this be done - . because he feels that the DNR report i. out of line. Co..i..ioner Pistor moved, .econded by Co..i..loner Goodnlgbt and carried unanimously, tbat Re.olution a5-225 approving the allocatlon of funds up to $1,500 for a .erle. of beach survey. designed to produce up-to-date beacb profiles and authorizing the Chairman to eXecute an employment contract between Collier County and Ms. Maura Curran be adopted. lOOK (]90 PA~~ 322 pag e 22 ~ - - - October 22, 1985 Ite. l1a MAXIMUM IXPI.DITURE or $20,000 TO OBTAII UP TO C DIRELICT 8ARGIS TO COlVERT INTO EPFECTIVE ARTIFICIAL REEFS - APPROVED Dr. Proffitt, Natural Resources Management Director, stated that in a workshop on October 10, 1985, he suggested purchasing some dere- lict barges to sink as artificial reefs, adding that he has received many positive comments from various sources. He stated that he is requesting that he be authorized to spend up to $20,000 to obtain, cut holes in, transport and sink at the prescribed coordinates three or possibly four barges. He stated that the actual number depends on how many can be raised because they are nov partially sunk in a finger canal in Clearwater. Commissioner Pistor questioned vhere the money vill come from, to vhich Dr. Proffitt stated that he has an artificial reef budget that was approved by the Commission. Commissioner Voss asked if these barges are going to be sunk in one spot or scattered, to vhich Dr. ~roffitt stated that the first tvo~ vill probably be put about five miles off Gordon Pass and the others, depending on how many they get, vill be at other sites, possibly one on the south end of the County and one at the north end. Dr. Proffitt stated that these barges range in size from 80 to 120 fee t. Mr. George Keller, President of Collier County Civic Federation, asked if this is going to be a contract deal or is the County going to be involved in any of the movement of barges, to vhich Dr. Proffitt stated that this is a contract deal, adding that someone is going to let the County have the barges for free, and he vill pay the County a certain amount to haul them avay and then a marine construction firm will be contracted to raise the barges and move them. Co..i..loner Pi.tor .ove~, .econ~ed by Co..l..loner Bas.. an~ carried unanl.ously, that the maxl.um expenditure of $20,000 to obtain up to 4 ~erellct barges and covert tbese Into effective artificial re.f. be approved. It.. 119 RISOLUTlOII 85-226 APPROVIIIG THE BlRIIIG or lIS. MAURA a. CURRAII AS A PART-TIME RIEr AND MARIHa ASSOCIATE FOR TBI COLLIIR COUN'rY ARTlrlCIAL REEF PROJECT - ADOPTED Dr. Proffitt stated that the Artifical reef project is very much needed and requires a lot of his and his assistant's time, adding that ~OD( 090 PF~ 328 Page 23 090 329 October 22, 1985 ~QO( W.\ . . he proposes hiring for 10 hours a veek a technician level person on a contract basis to handle day-to-day activities. He stated that these funds were approved for the Fiscal Year 1985-86 budget for consulting services, adding that this person vill be involved vith permitting more sites for further offshore activities in reef building, assisting in liaison with contractors, helping to determine how effective the reefs are, and assist in grant applications that he is currently putting together. He stated that he is recommending hiring Ms. Curran as she has worked on the project in the past and is familiar vith all parts of the project. Co..l..ioner Pl.~or 8Oved, .ecónðeð by Co..l..loner Ba... aAd carried unanimously, that Re.olu~lon 85-226 approving the blrin9 of Ms. Maura I. CUrran a. a part-time reef and marine a.soclate for ~be Collier County Artificial Reef Project be adopted. - . .. Page 24 .. - .. ~~-----, It.m talc 090 PS~f 335 October 22, 1985 CCPe TO BOLD THE rIRST PUBLIC BEARING 011 TBI AJIIDrDMElfTS or THE COMPREHENSIVE PLAN ELEMENT PROCEDURE Planner Cacchione stated that the Comprehensive Plan amendment procedure is beginning and the public hearings required for that are two evening public hearings, adding that it is up to the governing body as to vhether they vould like to hear both of those evening public hearings or whether they would like to ask the CCPC to hold ooe of those public "culrings. Co..i.sioner Ba..e 8Oved, .econded by Coaai.sloner Pistor and carried unanimously, that the CCPe hold the fir.t public hearing on the amendments of the Comprehen.ive Plan Ele.ent procedure. Item 121 COUHTY MAHAGER , TBE HEGOTlATION COMMITTEE AUTHORIZED TO NEGOTIATE WITH THE 2 RAMKED VENDORS PROPOSllG A RESOURCE RECOVERY rAClLITY . THAT THE ADDITIOH or SBANKUT-W!STIIGBOUSE BE CONSIDERED II LIEU or OHE or THI EXISTIHG MASS BURN PROPOSERS . THI COUNTY ATTORNEY RlTAI. THI SERVICES or A SPECIAL COUHSEL TO ASSIST IN PREPARIHG All ACiREElU31T rOR Bee CONSIDERATION NO LATER THAN 11/12/85 Assista.lt County Manager Dorrill stated that this is a continuing step in what has been a two year effort on the part of the Solid Waste Advisory Committee. He stated that since early in the summer he has been telling the BCC that a decision would have to be made to short- list the firms that had submitted proposals in reponse to the request - . for a resource recovery facility. He noted that the selection committee of the Solid Waste Advisory Committee~has been meeting for about 3 weeks to hear presentations based on the proposals that were submitted. He stated that the following firms made presentations: Davcon, Clark-Kenith, Clear Air, Dravol Foster-Wheeler, Shavmut- Westinghouse, and Ogden-Martin. He reported that as a result of the presentations, the Committee met last Friday to short-list the firms, adding that their reco~mendation vas that there be two number one firms, which would be Dravo and Foster-Wheeler, who are both mass burn technology companies. He stated that this vas done vith the condition that the committee was also interested in the proposal submitted by Shawmut-Westinghouse but that the recommendation of the committee vas that Shavmut-Westinghouse be given one additional veek to submit a revised business and finance proposal that compared more similarly vith the two mass burn proposals on how they specifically intended to structure their tipping fees. p.~ noted that this was unanimously Page 25 .. - - -_.----............_-, October 22, 1985 approved by the Committee. He stated that the Citizens Solid Waste Advisory Committee also approved this recommendation with the condition that the existing tie could be broken by Shavmut- Westinghouse having submitted a change in their tipping fee proposal, vhereby negotiations on simultaneous contracts would only be with two firms, not three. Cr. Stokes stated that after the Selection Committee's decision there va. consi~erable discussion by the Citizens Solid Waste Advisory Committee with regard to a preference that the Citizens Solid Waste Advisory Committee has for a newer technology, adding that approval vas given on the condition that the evaluation committee would look very carefully at the overall picture governing the selection of a resource recovery project, that is, the effect would be taken of emissions, differences in emissions, differences in the cost of residual land- filling operations, and \~e possible investments in the future of a scrubber to further reduce e~issions. He stated that it vas with this kind of a condition that the Advisoty Committee approved this recommendation of the selection committee. He stated that as an engineer and someone familiar with this field, he has no reservations whatsoever as to the technology soundness of all three proposals that have been selected, the new technology or the mass burn technology. He stated that he is perfectly comfortable that the firms in question can build such plants and make them operate very well. Commissioner Voss stated that the recommendation is that the County Manager be authorized to enter into these negotiations and questioned if the County Manager intends to do this by himself. County Manager Lusk stated that there would be a committee set up of himself; the Assistant County Manageri the Technical Advisor, Dr. Stokes, the Financial Advisor, Cave Fischer; and the County Attorney and Special Counsel. He stated that it would be a committee approach to the negotiations. Commissioner Hasse questioned if there was going to be further checking into the fluidized bed, to vhich County Manager Lusk replied affirmatively, adding that Shavmut-Westinghouse has been asked to supply the County vith another proposal as far as t~eir financial arrangements and if it is closer to the other proposals, the committee would like to take another look at that company. The following people spoke indicating concerns that fee should not be the only critetia used to evaluate and the tipping select a ~OD~ 090 ?~C·l 336 Page 26 - . .' . . ^" .. . ,'. . .':. ,~~·::~:~f:~:. , ...'.. . ~ -.' -:;:;:,~:.... . . -. ,~. ~ .. -. ----, ". "I ",. .. '" ~." ,-","~':' lOOK 090 p~r.~ 337 Octobe r 22, 1985 resource recovery vendor; that a clean environment be considered; that comparisons be made between the different technologies; that the plant be built to sufficient capacity for the future; Mrs. Kathy Ennis, representing the Citizens Solid Waste Advisory Committee Mrs. Sloane Robbins, representing the League of Women Voters Tape 14 Mrs. Charlotte Westman, representing the League of Women Voters Mr. Edward Johanson, representing the Conservancy Mr. George Keller, President of Collier County Civic Federation Commission~r Pistor stated that the tipping fee is only a . ~ t .¡ consideration, adding that environmental considerations are number one and the Commission vill be concerned vith the efficiency and the operability of the plant. Mr. Harlan Trammell, Vice President of Foster-Wheeler, stated that he would like to thank everyone for his being here this date and the Commissioners foresight for moving ahead with this project. Commissioner Holland questioned if each of the companies that are recommended for consideration meet state and federal requirements vith reference to what they are proposing, to vhich County Manager Lusk replied affirmatively, adding that they all meet the present standards. Mr. Wadu Schroeder, Naples City Councilman, stated that he is concerned about pollution that might arise from the operation of the plant, its residue, and its disposition. He stated that it should be taken into consideration that there are going to be substantial changes in the amount of chemicals that can be in potable water, adding that the plant should be able to dispose of about 65 chemical substances thåt are under consideration by the EPA. Assistant County Manager Dorrill stated thet he has a recommenda- tion that has been revised since the Executive Summary was prepared, adding that the recommendation i. that the Board authorize the County Manager and the negotiating committee to negotiate with the two ranked vendors proposing a resource recovery facility for Collier County, and that the selection committee consider the addition of Shawmut- Westinghouse in lieu of one of the existing mass burn proposers and that the County Manager be authorized to retain the services of a special counsel to assist the Committee in preparation of an agreement for Board consideration no later than November 12, 1985. Commissioner Voss questioned why Shawmut-Westinghouse is being considered in lieu of one of the mass burners, to which Assistant County Manager Dorrill stated that it has been the intent all along ..,t· ;. Page 27 .....' .. . >~; ,'.- ~¡;:':~'-"'-\.' i.'n::.·..#:.1II"C,""...t.,...q·.......>:"...........·...:~¡~...".4o'.,''"\..~''''...4.'It....,....;...... ~.'.",..,..;.... ............~~.I......~,.s'f~..t/'f:--r.~tr';.,......,...~.~.t:.-""!'-r;..:..,(..~ ~·~~:r~A~. . " ..' . . . -.: .', . , :... '. ..... .' .. , ... . . '.' '.- . ~. ""'.. ..' .... ....... ".... " .. .-:"- . '. . . .:....-.::..:,,'.' ~ - - - .......--.-- . "..... ." .... . . 'ó, October 22, 1985 that the County not try and negotiate three simultaneous contracts at one time, adding that the emphasis of the Committee is that there be two mass burn proposers and Shamut-westinghouse is being given an opportunity to submit a revised business deal that is due October 28, 1985, and if the Committee feels that it is satisfactory then the County viII replace one of the two existing mass burn vendors with the Shamut-Westinghouse proposal. He stated that the committee that will review this vill be the original selection committee that was chaired by him. County Attorney Saunders stated that he would like to make one change to the recommendation, addin~ that he is in the process of interviewing various law firms for the purpose of special counsel to reviev contracts and assist in negotiations and he would like the recommendation to read that the office of the County Attorney will select the special counsel for the project. Commissioner Hollan! stated that he would like to see the Commission place a designee from th4 Conservancy and the League of '- Women Voters on the committee that i. negotiating vith the three firms. '1'..pe . 5 Dr. Stokes stated that by having five or six people trying to negotiate vill cause too many problems. County Manager Lusk stated that contracts are not negotiated with the public, adding that there is a point vhen you sit down with a company to negotiate that it is done by the County and the financial advisors. He stated that the Negotiating Committee would consist of the County Attorney, the County Manager, the Assistant County Manager, the Special Counsel and the Financial Advisor. Co..i..loner PI.tor moved, .econded by Co..l..loner Goodnight and c.rried unanl.ously, that the BCC ..uthorize the County Manager and the Hegotiation Co..ittee to negotiate with the two ranked vendor. pro- po.ing a resource recovery facility for Coll1er County and that the Selectlon Co..lttee cOII.lder the addition of Shavaut-We.tlnqhou.e In l1eu of one of the .... burn technologle. and that the County Man.ger be autborlaed to retain tbe .ervlce. of a Contract.'Coun.el propo.ed by tbe County Attorney to ....l.t tbe Co..lttee In preparation of an .gree.ent for Bce con.lder.tlon no later than Hove.ber 12, 1985. Ite. 122 EXCAVATlQl PERMIT 59.224, EAST GOLDEI GATB ELBMBKTARY SCHOOL - APPROVED SUBJECT TO STIPULATIOHS 80D( 090 PA'.[ 338 Page 28 ~"-,-""------- IDD( 090w·339 October 22, 1985 Public Works Administrator Kuck stated that this item is a recommendation to approve an excavation permit for the East Golden Gate Elementary School vhich is south of Golden Gate Gate Bouleavrd, one mile east of S.R. 951. He stated that the objective is to issue an excavation permit to the Collier County School Board in accordance with Ordinance 80-26, as amended by Ordinance 83-3. He stated that the Water Management Advisory Board recommends that the Board approve the excavation permit subject to the stipulations in the Executive Summary. He stated that the clearing and filling has been started for the proposed s~hool and there is also a petition submitted to vacate part of 1st Avenue S.W. He noted that at the present time, 1st Avenue S.W. is being used and a lot of damage is being done to it and he would like to ask the Board if they would grant Public Works the approval to enforce a load limit on that roadway. He stated that there has been no cooperation with the School Board or contractor in keeping the road graded for the residents on that road. He stated that he is also going to ask in his recommendation for the vacation petition that, as part of the vacation, the Coun~y would like to have the road widened to 22 feet and paved with a turn-around put in just prior to the termination of where the vacation would be started. He stated that part of the problem is that the School Board is exempt from obtaining permits from the County, so they can do their work without obtaining the necessary permits. County Attorney Saunders stated that the School Board is exempt from certain County regulations. ~ Public Works Administrator Kuck·stated that they are not exempt from going through the procedure for the road v.cation, and he vill be able to put stipulations on at that time, and if the Board would like to take action this date, the road limit could be reduced on that road or closed to commercial traffic. Commissioner Pistor stated that the land has been cleared and all the trees removed which is not allowed by County regulations. Community Development Administrator Mullins stated that the School Board is exempt from the protective tree ordinance. Mr. Al Burel, 3320 Golden Gate 81vd., stated that he lives next to the school site and he was told by the School Board that minimal damage would be done to the foliage in the area as well as to the watershed, whi~h was not true. He stated that the trees have been destroyed up to the property line and almost all the trees on the 20 acres have been destroyed, adding that 1st Ave. S. W. has been taken over by the School Page 29 - - .. October 22, 1985 Board. He stated that the svales vhich effects the drainage has been closed off and the da~age to the watershed has flooded the area. He noted that the excavation began eight weeks ago. He stated that there has been no interest in contacting any elected officials. ne noted that a drainage plan should be submitted to the County Engineers. He stated that if the recommendation was turned down and have them address the Board, things may be better. Mr. Paul Manzer, Planning Department vith the School Board, stated that there have ~een statements made that he cannot accept. He stated that on November 6, 1985, while he was still screening other proper- ties, he talked vith the Engineering Department to see if there vas a possibility of vacating 1st Ave. S.W. He noted that this vns important in their decision regarding the property because the 10 acres on Golden Gate Blvd. would be used for the school and there was still 10 acres needed behind the school for a plaY9round site. He stated that Mr. , Richmond of the Engineering Department felt that there was no reason to protest the vacation, but it would be insisted that an ease~ent be '- supplied to the canal fro~ the property so that the canal could still be maintained and serviced. He noted that in April, 1985, ðfter the site was finalized, he talked with the Parks' Recreation Depdrtment about this site. He stated that he wanted to give them the opportunity to place within the plaY9round area, the ball diamonds, the soccer fields and such. He stated that while 1st Ave. S.W. is going to be vacated, the front half of it will become a parking area for the immediate area next to the ball diamond. He stated that in April, 1985, he spoke with Mr. Archibald to see if there vas a possibility of getting the road paved in the future. He stated that in May, 1985, he talked with the Engineering Department again and was told that they would want the swale and the drainage to indicate that the water would come down, make a turn and go south and back into the canal. He stated that he relayed this information to their architect to be sure that it vas incorporated into the plans. He reported that in May, 1985, the property was actually purchased and closed, adding that in June, he talked with the Community Development Division about the idea of whether a provisional use would be sought. He stated that they worked out a tentative timetable for a provisional use, adding that it would have been the end of November before the provisional use could be obtained. He noted that at that point, he would be able to advertise for bids and, according to the School Board, this would not have been ~no~ 090 PJ~¡ 340 Page 30 -.-,-...,,-- me 090'1'1341 acceptable as the school had to be built and ready for the coming year. He stated that it was then determined that the School Boarò would go ahead with their plans by using Florida Statute 682.12, which does exempt the School Board from local building permits, ordinances, impact fees and serviceability fees. He stated that they felt it was more important to get the students out of the portable units in Golden Cate City than it vas to go through the process of a provisional use. He stated that in August, 1985, the vacation of 1st Ave. S.W. vas applied for and this is coming before the Soard on November 12, 1985. He reported that on October 9, 1985, the Water Management Advisory Board passed this excavation permit, adding that there were comments made that the School Board was not very cooperative with the County. He indicated various instances where the School Board has been very cooperative with the County with reference to contracts, leases, park facilities and sites, etc. He stated, vith·reference to the trees, there have not been any trees cut that did not belong to the School Board. Tape 16 October 22, 1985 Mr. Mðnzer stated that as far as the svale being completely plugged, it is plugged to the north side but it vas plugged before and never drained before. He noted that they will run a pipe under 1st Ave. S.W. once they have obtained the vacation vhich wil1 make the water flow under the road and vi11 pick up the swale that follows to the South and eventually into the canal. He stated that it vill be ~rainin9 better now than it did before. He stated that this project h~ been going on for almost one year and all departments were contacted that the School Board felt should be contacted. He stated ., that the School Board checked with the Attorney Cenera1 to be sure that they were covered under Florida Statute 682.12. He noted that as far as the road is concerned and the damage being done to it, there vas a light gravel layer on 1st Ave. S.W. and it vas not much of a road, adding that he vas told that 1st Ave. S.W. was to be used for the entrance road because the County did not vent Colden Cate Blvd. being destroyed as it has just been paved and they did not want to destroy the berm either by the trucks pulling on and off it. Assistant County Attorney Cuyler stated that the item that he checked out was the tree ordinance and in that ordinance it is tied to the Buildi~\ Ordinance and they are exempt from the Building Ordinance. He stated that as far as zoning, he checked with other counties and the Page 31 .. - - ,,-.-'"',.... ..........III-W.....__h - - - October 22, 1985 School Board is usually exempt from zoning requirements. Co..isaioner Goodnight moved, seconded by Co..issioner Bolland and carried unani.ously, that Excavation per.lt 59.224, East Golden Gate Elementary ßcbool, be approved subject to the folloving stipulations. 1. All provisions of Collier County Ordinance No. 80-26, as amQnded by Ordinance No. 83-3, shall be adhered to. 2. Off-site discharqe of groundwater during construction shall be only through aproved discharge structures after water quality treatment approved by the County Engineer. 3. No excavated material shall be removed from the project site. Top-of-bank setbacks less than those stipulated in Collier County Ordinance No. 80-26, Strction 8.A, as amended by Ordinance No. 83-3, shall be fenced in accordance with Section 8.D of said Ocdinance. 4. Ite. 123 '. PBASI I or THE COUNTY'S REGIONAL WATER MASTER PLAM ACCEPTED, APPROVAL TO PROCEED WITH PHASE II, AUTBORlZA1!OM FOR BOLE, MOHTES , ASSOCIATES '- TO PROVIDE A SCOPE OF SERVICES IIECESSARY TO ESTABLISH A MONITORING PROGRAM FOR THE CORAL RIEr ACQUIFER, BUDGET AMINDIIIENT APPROVED TO PRO- VIDE FOR THE PAYMEKT OF PROFESSIONAL ENGINEERING SERVICES FOR PHASE II Utilities Administrator Crandall stated that Phase I of the Master Plan was authorized in November, 1984. Mr. Bob Taylor of Hole, Montes' Associates, stated that the original assignment was to develop a master plan for water services for metropolitan Collier County, adding that the first phase that has been established is what he feels is the best service area to be approved. He stated that the Utilities Division should have some leeway so that when individual projects come in, they can have modifications made. He referred to an overhead map indicating the original study boundaries. He stated that to the north is the County line, the eastern boundary is 4 miles east of C.R. 951 down through the Marco Island area to Caxambas Pass, up the coast line and then borders the City's service area. He stated, vith reference to the long-term, he looked at the existing water treatment facilities in Collier County and in metropolitan Collier County and there are four that are significant to the Board, adding that the first is the City of Naples Treatment Plant which is a 20 mgd facility located south of Coastland Mall and currently serves the County's North Naples area. He stated that the City has a storage facility in the Pine Ridge Subdivision and they do provide bulk water service to the County. He reported that the second treatment plant is the County Regional Water Treatment Plant which is southeast of Golden ~~~J 000:·· 342 Page 32 -- &DD( 0900a'.~ 343 October 22, 1985 Gate City and has a 4 mgd treatment capacity. He noted that in May of 1985, the plant was pumping 3.4 mgd which does not leave much extra capacity. He stated that the third treatment plant is the ~rco Island treatment facility which is just over the bridge on Marco about a half-mile off North Collier Blvd. and is a 4 mgd plant operated by Deltona Utilities. He stated that the plant has been pumping more than the actual design according to DER. He noted that another plant is the Golden Gate City plant or Avatar Utilities and it is located adjacent to the golf course and is a .72 mgd facility vith provisions for expansion. He noted that in May of 1985, they were pumping .7 mgd so they are very close to pumping their capacity. He stated that the East Naples Water System is outside the study area under his assignment, but they are pumping 2.5-3.5 mgd from their facility and the plant is a 1. 25 mgd. He noted that he worked on the various. plants that are within the study area in more detail anå the four basic criteria are public health, reliability, fire' protection, and the cost to the consæer, adding that in the case of Marco Island the system generally provides adequate water service without public health problems. He stated that the report he has indicates that the plant was well operated and well maintained, adding that there are problems with the raw water supply and until these problems are addressed, there will be continued problems with reliability. He reported that recently they have sub- mitted application for expanding their rav vater supply. He stated that from·a fire protection standpoint, the report indicates that there ~ adequate flow and pressure in most cases. He stated that improve- ments are needed to provide service to Marco Island for the long-term. Mr. Taylor stated that a rate increase has~been submitted which 1s significantly higher than the County's, but there is no indication if the County could operate the service any cheaper. He stated that he also reviewed Golden Gate City and he found that conclusions were a little different, adding that a major portion of the area is still on septic tanks and individual wells. He stated that there is a potential for public health problems due to contamination of the individual vells because of the flood situations. He stated that from a reliability standpoint a larger more regional system could provide better emergency facilities with backup pumping. He noted that from a fire protection standpoint, there were some complaints regarding fireflov and pressure and there is no protection from a fire hydrant viewpoint. He stated Page 33 - - .. October 22, 1985 that from cost standpoint, the rates are comparable to the County's rates. Mr. Taylor stated that he is askino; that he be able to proceed vith Phase II of the Master Plan and that he would also recommend that a secondary vater source to the County be looked at vhich is the Coral Reef Aquifer that is in the north end of the County, adding that a water quality testing program needs to be developed for the Coral Reef Aquifer. He stated that the County should conti~ue working with Marco Island utilities in trying to reach an agreement to purchase it. He stated that the City of Golden Gate area needs to be looked at in more detail and assess the water and sewer problems as a whole. Commissioner Voss stated that this is an excellent report and there is no question that it is necessary to explore the Coral Reef Aquifer. Mr. George Keller q~estioned if there is some type of statute that states that if you have over an acr~ of property, you do not have to '- take a municipal water supply? Commissioner Voss stated that the County could not afford to pipe water out tQ the Estates area. Coaaissioner Pistor moved, .econded by Co..l.lsoner Bolland and carried unanimously, that Phase I of the County's Regional Water Master Plan be accepted, tbat approval to proceed vith Phase II of the Water Master Plan be granted, that authorization for Hole, Montes' Associ- ates to provide the County with a scope of .ervlces necessary to establish a monitoring program for tbe Coral Reef Aquifer be granted, and that a budget amendment be approved to provide for the payment of professional engineering services for Pha.. II In the amount of $109,000. Item '24 UTILITIES ADMINISTRATOR TO ADVERTlSI WOR COKSULTAMTS TO PROVIDE ENGINEERING SERVICES RELATED TO THI EXPANSION or THI COLLIER COUNTY REGIOIIAL WATER TREATMDT PLANT AND WELLlULD. ESTABLISHMENT OF CONSULTANT SELECTION COMMITTEE - APPROVED Utilities Administrator Crandall stated that this item falls in line with the recommendation that was made in the presentation by Hole, Montes' Associates, adding that the County is presently reaching the full rated capacity of 4 mgd on the treatment plant. He stated that there is no alternative but to proceed with the expansion. He stated that he needed one year of experience with the plant before making a recommendation. Coaai.sloner Pistor moved, seconded by Coaaissioner Goodnight and &OD( 090 PA'·t 344 Page 34 '" "'~'."c"._~ ",' ..,~., '~""~'_"'M;"'~'"'__"''''''_'--'''''_ IOO( 090 w' 345 October 22, 1985 carried unanimously, that the Utilitie. Ad.ini.trator be authorized to adverti.e for consultant. to proviðe engineering .ervice. related to the expansion of the Collier County Regional Water Treatment Plant and w.llfleld and tbat tbe e.tabll.hment of the folloving Con.ultant Selection Co..itte. be approved I Harold Huber, Public Works Engineering Director John Madajewski, Utilities Engineering Director Shannon Howell, Utilities Operations Director Donald Lusk, County Manager Neil Dorrill, Assistant County Manager Tom T. Crandall, Utilities Administrator ... RIC£SSs 12s30 P.M. - RECOMVEM£Ds 2.00 P.M. at which tlm. Deputy Clerk Skinner replaced Deputy Clerk ~enyon ... Item 125 WORKS BOP SCBEDULED FOR II/l2/85 RI BCC R¥VlEW OF STRATEGIC KAKAGEMENT PLAN rOR ENVIRONMENTAL SCIEBC£ AND POLLUTION CONTROL PROGRAM Deputy Assistant County Manager Brangaccio requested a workshop to be scheduled for 11/12/85 at 1:30 P.M. or following the Board meeting for the purpose of the Board of County Commissioners to review the Strategic ~anagement Plan for the Enviornmental Science and Pollution Control Program. She said this is an important nev department and the item would be too lengthy an item to b. discussed during a Board meeting. Co..i..ioner Ba... aoved, .econded by Co.-i..loner Goodnigbt and ëãrrled unanimou.ly, that a work.bop·be .cheduled for ll/12/85 at Is30 P.M. or folloving the Board ..eting, a. reque.t,ð by Mr.. Brangacclo. Item 126 MUTUAL RELEASE AND SETTLEMENT AGREEMENT or LAWSUIT CHALLENGING CERTAIM ASSESSMIMTS LEVIED UMDER REGlOMAL WATER SYSTEM SPECIAL ASSISSMENT PROJECT - APPROVED County Attorney Saunders explained this item deals with the release and settlement agreement for a lawsuit challenging certain assessments levied under the Regional Water Sy.tem Special Asse.sment Project and that the challenger has agreed to pay the charges. Co..i.sioner Pi.tor moved, .econded by Co..l..ioner Goodnight and carried unanimou.ly, that tbe Mutual Relea.e and Settle.ent Agree.ent of a lav.uit challenging certain a..e...ent. levied under Regional Water System Special A.......ent Project be approved~ Page 35 .. .. .. - October 22, 1985 Item '27 ROUTINE BILLS - APPROVED rOR PAYMENT Pursuant to Resolution 81-150, the folloving checks were issued through October 18, 1985, in payment of routine billsl CHECK DESCRIPTION CHECK NOS. AMOUNT Vendor BCC Pl'lyroll 134646 - 134952 20491 - 21060 $1,086,086.91 255,163.46 Item 128 BUDGET AMENDMENTS 85-489/490, 85-492/493, 85-497, 86-4/5, 86-8/11, AND 86-13 - ADOPTED Coasis.ioner Pistor moved, seconded by Co..issloner Goodnight and carried unanimously, tbat Budget Amend.ents 85-489/490, a5-492/493, 85-497, 86-4/5, 86-a/ll and 86-l3 be adopted. Ite. '29 . EXPEIIDI'l'URE POR MODULAR OFFICE SYSTEM TO BE IIISTALLED IN THE COUIITJ: ATTORNEY'S OFFICE - SlO,230.6S APPROVED . County Attorney Saunders explained that during the budget session approval was given for an additional secretary and he ~uld like to obtain modular office furniture to accommodate the office arrangement. Co..i.sioner Basse moved, seconded by Commissioner Pi.tor and carried unani.ously, that the expenditure for a modular office syste. to be installed In the County Attorney's office b. approved in the amount of $10,230.65, wbicb Is In the County Attorney's budget. Item '30 RESOLUTION 85-227 AUTHORIZIIIG THE CBAlRMAII TO APPROVE TRAVEL REQUESTS rOR THE COUIITY ATTORJIEY AIID COUIITY MANAGER MID COUIITY ATTORHEY MID COUNTY MANAGER TO APPROVE TRAVEL REQUESTS rOR THEIR STArF - ADOPTED County Attorney Saunders explained that there has been a policy since he came to the County and before, that the Chairman approve the travel requests for the County Attorney and this request is merely to formalize what has been done in the past. Commissioner Pistor said he failed to See why the County Attorney's office was being questioned but added he would like to expand on the recommendation by including the County Manager. ~I)D( 090 PJ~~ 3"50 Page 36 ,...___"'t - 'CD( 090 W.I 351 October 22, 1985 Co..issioner Pistor moved, seconded by Co..issioner Basse and carried unanImously, that ResolutIon 85-227 authorizin9 the ChaIrman to approve travel requests for the County Attorney and County Manager and autborlzlng tbe County Attorney and County Manager to approve travel request. for tbeirstaff, a. long a. tbe amount 1. vithln their budget., be adopted. - "' Page 37 - - - _.""',.....";.-'.">.._"""",.........".,.~....."."""..~»-.......,,,.,"" 090 w·,353 October 22, 1985 Item '31 '00( RESOLUTlOI 85-228 AUTHORIZIIG TBE CBAlRMAB TO SIal PERSOWREL ACTION REPORT llCRIASIMa TBI SALARY or THB ASSlSTAJlT COUHTY ATTOR1tEY I - ADOPTED Co..l..ioner Plstor moved, .econded by Co..l..10ner Goodnight and carried unanimously, tbat Re.olutlon 85-228, authorizing the Chair.an to sign the Personnel Action Report Increa.Ing the salary or the Assistant County Attorney R. Bruce Anderson, be adopted. - , Page 38 - - - ,no< 090 'V.I 355 October 22, 1985 Item '32 RESOLUTlOll 85-229 APPOIII'I'IJIG WILLIAM WALTERS TO -MEMBER-AT-LARGE- POSITION ON COLLIER COUNTY CODE ENFORCEMENT BOARD Administrative Assistant Israelson explained the ordinance for this item i. ~ritten ~ith the title -Collier County Code Enforcement Board- but at the present time it only operate. on Marco Island. Co..I..loner Pistor moved, seconded by Co..lss10ner Bolland and carried unanimously, that Resolution 85-229 appointing Mr. Wl1liam Walters to the -Member-At-Large- po.ltlon on the Coll1er County Code EDforce.ent Board be adopted. - .. Page 39 - - - ~D( 090wl357 It.. 13'· DISCUSSlOK RB TIME LIMITATIONS 01 -PUD'S- AMD REZOIES - STArr REQUESTED TO REVI~ -PUD'S- TIME LIMITS AND LEGALITY or REZONE REVI~ October 22, 1985 Commissionør Voss said he objects to property advertising a certain zoning but been developed even though the rezone was past. He said he would like to have some on these developments, such as two years. that have arisen in Cape Coral where there and roads that lead nowhere. He said that County. A discussion followed during which County Manager Lusk questioned the validity of reviewing rezones since, in his opinion, a rezone i. only made after the decision has been reachëd on the correct zoning for the property. He said he could see the reasoning behind a time limit on a PUD, but if the Commissioners had a problem vith a rezone perhaps the property should not have been rezoned in the first place. Planning/Zoning Director Pettrow said he would like more time to review rezone procedures with the County Attorney to determine some of the legal ramifications involved with this item. He said a reasonable time limit he has found in other Counties is three years. He said he could see the reason for having those developments with site plans to seeing -For Sale- signs on on vhich nothing has ever approved sometime in the reasonable time limit placed He alluded to the problems are great expanses of canals should be avoided in Collier have time limits. Tape 18 - . County Attorney Saunders responded to questions from the Commis- sioners by stating when there is an automatic re-evaluation for a PUD, it is legal. He explained that the legal problem would occur when a situation might arise, after a period of time, that automatically a PUD is dissolved or is changed because of an expiration of time which he said could not be done. He said the discussion has covered all the hard issues such as what triggers the review, what is substantial work, what is continued work and added those are tough issues that would have to be resolved. Commissioner Holland questioned two years for a time limit, citing the lengthy time it takes to take a large development through the system for permits. He suggested that each development should be considered individually. He asked if a piece of property can be down- zoned, in the middle of the year, when a person has been given a cer- tain zoning on a piece of property? pag e 40 - - - October 22, 1985 Mr. Saunders answ~red if there is substantial reason for down- zoning a piece of property this is permissable because the assessment becomes effective on January 1 of that tax year. He said if the con- ditions change during the year it ~y give rise to the ability of the property owner to appeal that assessment if it is not too late in the tax year to appe1l before the Property Appraisal Adjustment Board. Mr. Lusk suggested that Staff may need to look at all of the County's zoning since changing zoning is not th~ ~ay to achieve what is needed, and he cited increased Staff involvement if all the rezones are customarily reviewerl. Commissioner Pistor said if the stipulation is stated, at the time of rezone, that the zoning may change after a period of time if no sub- stantial ~rk is done, the person would knov immediately when he obtains the zoning what the conditions are. He said he would like to make it impossible for a person vho applies for zoning to be able to go out and sell the property the next dåy, however, he conceded there was~ probably no legal way to accomplish this. Mr. Bill Barton agreed with much that had been discussed stating he did not agree with someone who only wanted to rezone property to enhance its value. He questioned two years as being perhaps too short a time, relating the length of time his firm has used to get a large development through the system. After a short discussion, Commissioner Voss suggested that Staff consider a time limit for PUD's and the legality of rezone review. Mr. Pettrow agreed to meet with Staff on this subject. Ite. 134 RESOLUTIOI 85-230 ESTABLISHING A -NO PARKlKC ZONE- ALONG HORIZON WAY FROM 10100 P.M. TO 6s00 A.M. Commissioner Voss explained that he has received complaints from neigh~?rs regarding noise coming from the beach right-of-vay in the vicinity of Horizon Way of young people having parties. He requested consideration of a -No Parking Zone- along Horizon Way from sunset to sunrise. Commissioner Holland agreed, but objected to the length of the time limit stating that p~ople who work like to use this area and find it impossible to utilize it when the time is so stringent, noting that he likes to go to that spot on oc~asion. &OO( 090 ~~r.l 358 Page 41 lOll( 090 p~~t 359 October 22, 1985 Co..i.sioner Pistor moved, .econded by Co..issioner Hasse carried unanimously, tbat Resolution 85-230 establishing a -No Zone- along Horizon Way effective from 10.00 P.M. to 6s00 A.M. adopted. - .. .. - and Parking be Page 42 - IGG( 090 p~r·t 361 Item '35 SPECIAL BOARD MEETl~ SCHEDULED FOR 5s00 P.M. 01 10/29/85 rOR THE PURPOSE or SELECTING A HUMBER ONI rIRM rOR HZOOTIATIOMS RE RESOURCE RECOVERY PLAMT OCtober 22, 1985 Assistant County Manager Dorrill explained that, over the lunch break, discussions were held with the firms who were present during the morning session and at the sU9gestions of the competitors he requested that action proceed on this it.. so that the deadline for the end of the year for this project can be reached. He stressed that the firms sU9gested speeding up the process. After a short discussion, Mr. Dorrill sU9gested that the original Selection Committee be approved to meet vith the three firms regarding the Resource Recovery Plant and that a Special Board Meeting be sched- uled for October 29, 1985. Commissioner Voss sU9gested this meeting take place at 5:00 P.M. after the Selection Committee has spent the day with the firms and this vas agreed to by other Commissioners. County Manager úJsk sU9gested the Commissioners mlght want to attend the sessions with the Selection Committee. Co..issloDer Pistor moved, s.conded by Co..i.sloner Ba..e and carried unanimously, that. Special Board Meeting be scheduled for 5s00 P.M. on October 29, 1985 at 5s00 P.M. for the purpose of selecting a number one firm for negotiation. for tbe Resourc. Recovery Plant vendor. *-- The folloving ite.. vere approved and/or adopted under the Consent Ag.nda by aotlon of Co..lss1oner PIstor, seconded by Co..issioner H.... and carried unanlmously. **! - Item '36 .. BUDGET MDI~EHT FOR FUND 312 II ORDER TO REComrIZI CARRY rORWARD REVENUE IN AMOUNT or $200,000, RE PI ME RIDGE ROAD PROJECT '~ Item 137 REJlEWAL or EMS LEASES WITH MAPLES COMMUlflTY HOSPITAL rOR DOWWTOWN NAPLES AND NORTH COLLIER SITES, FROM lO/I/8S to 9/30/86 See Pages 3~- J17 Item . 38 TRAVEL REQUEST rOR PLAmlIIfG AlfD COITRACTS ENGINEER TO ATTEND All APPRAISAL COURSE, 1M COCOA, FLA., SPONSORED BY AMERICAN INSTITUTION or REAL ESTATE APRAISERS AT A COST OF $722.90 pag e 43 .. .. .... "'___I\>_",¡;>_" r '.*"___"__'''''''_'"''.__'_''''''''''~~-''''"'''.'"#'_"'',..,"'N...,",...-_~*,~~"..,._"__..,., Oct~ber 22, 1985 Ite. '39 rINAL ACCEPTANCE or PELICAN BAY UNIT FOUR, PRASI 011 Ite. 140 FIlIAL ACCEPTANCB or CRAYTOIII ROAD AJIID A PORI TOIl or WEST BOULEVARD III PELIC~ BAY UNIT ONE Itea '41 PINAL ACCEPTAXCE OF PELICAN BAY UNIT TWO Ite. 14 2 rINAL ACCEPTANCE or PELICAN BAY UNIT FIVE Ite. '43 APPROVAL OF PLAT or PART or SECTIONS 26, 27, AND 28, TSlS, R26E, ALSO BEING DESCRIBED AS MARCO SHORES UNIT ONE - WITH STIPULATIONS Not to be recorded until the required l.proveaent. have been con.tructed and accepted or until approved .ecurlty i. received. Itaa 144 CBAIRMAH AUTHORIZED TO Sla. THE YOUTB GUlDAHCE LEASE AGREEMEHT WITH W.B.S. CORPORATION See Pages 37P - 3fc¡. Ite. 145 APPROVAL AID AUTHORlZATlOl 'OR CBAIRMAH TO SIGN APPLICATION rOR RURAL COMMUNITY rIRE PROTECTION GRANT FOR OCHOPEE FIRE DISTRICT IN AMOUNT or $2,000 AS COUNTY SO/50 MATCH See Pages .315""- 3}/ . lte. 146 ACCEPTAlCB OF UTILITY EASEMDITS rOR SEWER AREA -A- SPRAY IRRIGATION IMPROVEMENTS See Pages ~~ - 39f Ite. 147 ACCEPTANCE or SEWER AND WATER rACILITlES FOR TANGLIWOOD I SUBDIVISION Recorded in O.R. Book 001161, Page. 001199 tbrougb 001215. Ite. 148 FISCAL OFFICE IISTRUCTED TO PROCEED WITB PAYMEIIT TO SATISFY OUTSTANDING INVOICES rOR THE CLEAMlNG OF CARPET IN BUILDING -J., BYPASSING THE QUOTE/BID SYSTEM ~QQ( 090 PA'.t 362 pag e 44 - It.. 149 IOD~ ~gG W·1 303 October 22, 1985 AVIATION LIABILITY COVERAGE rOR HELICOPTERS - DELETED FROM AGENDA Ite. 150 RAISE or LIMITS 011 THE LIABILITY COVERAGE POR THE lMMOItALEB AHD EVERGLADES AIRPORTS WITH u.S. rlRE INSURARCE COMPAHY, TO $l,OOO,ooo WITH PREMIUM or $l,OOO. Ite. 151 CERTIFICATES rOR CORRECITOK TO THE TAX ROLLS AS PRESElTED Bt TBI PROPERTY APPRAISER'S orrICE TAX YEAR 1984 235/236 9/29-10/7 /85 It.. '52 EXTRA GAll TIME rOR lKMATE IOS. 34168, 44544, 30202, 28103, 477a7, AHD 41487 Ite. 153 MISCELLANEOUS CORRESPONDEBCE - rILED AHD/OR RErERRED There being no objection, the Chair directed the correspondence be filed and/or referred as follows: 1. Copy of letter dated 9/30/85 from Tom Lewis, Jr., Secretary, Dept. of Community Affairs, advising of two workshops for all potential applicants for the Federal FY 1985 Small Cities CDBG Program competition in the Housing and Neighborhood Revitalization categories. xc: Mrs. Mullins. Filed. 2. Copy of letter dated 10/1/85, from Tom Lewis, Jr., Secretary, Dept. of Community Affairs~ advising of CDBG Advisory Council meeting on 10/15/85 in Tallahassee. xc: Mrs. Mullins. Filed. ., - 3. Letter dated 10/9/85, from Douglas L. Fry, Environ. Supr'v., DER enclosing short form application File Nos. 111107195 , 111107185, dredge and fill permits. xc: Mrs. Mullins and Dr. Proffitt. Filed. 4. Letter dated 10/2/85, from Tony D. McN~al, E~gineer, Bur. of Coastal Engineering and Regulation, DNR, notifying that DNR is considering a coastal construction control line permit for Bruce Green' Assoc., Inc. on behalf of Dr. Lassiter. xc: Mrs. ~ullins and Dr. Proffitt. Filed. 5. Copy of memorandum dated 10/9/85, from B. J. White, Park Lands Supr'v., DHR, re meetings on State Recreation and Parks Land Acquisition Program. xc: Mrs. Brangaccio and Mrs. Mullins. Filed. pag e 45 .. .. .. - - - nf'l" Octobe r 22, 1985 6. Letter dated 10/B/85, from Chief Reeves, Golden Gate Fire Control Rescue District, enclosing a check In the amount of $10,000.00 as deposit to hold a special referendum on 2/4/86. xc: Mr. Giles with check. Filed. 7. Copy of memo dated 10/10/85, from Fiscal Officer Giles to County Manager Lusk re financing for Naples Landfill Liner Construction. Filed. 8. Copy of memo dated 10/10/85 from Fiscal Officer Giles to BCC re 19P4-85 Excess Pees from Tax Col1ector, Budget vs Actual. xc: Ms. Zð1ka. Filed. 9. Copy of N?tice of Informal Conference received 10/10~·5, from State of Florida, Land and Water Adjudicatory Commission re Resolution 85-1ó5, approving Amendment to Development Order for a DRI known as Berkshire Lakes. xc: Mrs. Brangaccio and Mrs. Mullins. Filed. 10. Copy of Settlement Stipulation received 10/11/85, from Land and Water Adjudicatory Commission re Development Order 85-2, and Ordinance 85-15, DRI Vineyards. xc: Mrs. Brangaccio and Mrs. Mullins. Filed. 11. Letter dated 10/7/85, from David J. Halberg, of Carrol, Halberg, advising of inju~y of client, Ira Arnold, File No. 4416-DJH, on Santa Barbara Blvd. Filed. 12. Letter dated 10/4/85, from Property Appraiser Colding transmitting the Collier County Property Appraiser's Annual Reþorts for year ending 9/30/85. xc: Mr. Giles, Ms. Zalka. Fll~d . 13. Copy of letter dated lu/3/85, from Property Þ~praiser COlding lis~Ing commissions due, less 1984-85 excess fees for the three month period, 10/1/85 - 12/31/85, and attaching check in the a~ount of $26.81 for excess fees for districts vhich are no 10nger levying. xc: Mr. Giles with check and Ms. Zð1ka. Filed. 14. Copy of memorandum dated 10/4/85 to Jim Giles, Fiscal Officer with check for $83,928.26, from Deputy Chief of Administra- tion Hunter, Sheriff's Dept., re Interest Earnings Fiscal Year 1984-85. Filed. 15. Copy of letter dated 9/26/85, from Wayne E. Daltry, Exec. Dir., SWFRPC, requesting confirmation or disaffirmation of the accuracy of balances for FY ending 9/30/85. xc: Mr. Giles. Filed. 16. Letter dated 10/8/85, from Tax Collector Carlton, enclosing Report of Revenue and resultant excess over expenditures for FY ending 9/3/85 and check in amount of $624,329.88. xc: Mr. Giles with check, Ms. Zalka. Filed. aDO( D90 PI~r 3"64. Page 46 - &OO( 17. 090w-! 365 October 22, 1985 Letter received 10/9/85, from Preston Firmin, Acting Regional Inspector General for Audit, U.S. Dept. of Lßbor, acknow- ledging receipt and issuance of audit report on Collier County, Florida as it relates to U.s. Dept. of Labor pro- grams, attaching copy of letter from Mr. Firmin to Mr. Wallace E. Orr, Sec. of Dept. of Labor and Employment Security, re same. xc: Mrs. Brangaccio and Mr. Norton. Filed. * * * There being no further business, the meeting vas adjourned by Order of the Chair - Time: 2:45 P.M. BOARD OF COUNTY COMMISSIONERSI BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL AT'1:ES'ti. A i. wt~ì.1AM·J: ~AGAN, CLERK FREDER~~~S' CHAIRMAN . .' < . . . ' . . .4' c.. ~4;J~I1C. I,,' ,. ~~ Thesi~'lUn\it-ea approved by the BCC on ~ or as corrected Pa-I ...s: /1/;-- as e.(..esented ., Page 47 .. .. .. ._.._,--_...._._~-_..""._..__... , .. _"'__"'··"_~"._O,,_·....~M_·___