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BCC Minutes 08/21/1984 R r::::J ¡;::;¡ ~ Naple., Florida, ^ugu~t 21, 1984 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and al.o acting as the Board of Zoning Appeals and as the gov-rning board(s) of such splcial districts ~s have been created according L' law and having conducted businoss herein, met on this date at 9100 A.M. in Regular Session in Building -,- of the Courthouse Complex, East Naples, Florida, with the following members prestntl VICE-CHAIRMANI C. C. -Red- Holland John A. pistor Frederick J. Voss Mary-France. Kruse ABSENTI Chairman David C. Brown ALSO PRESENTI William J. Rlagan, Clerk, Jame. C. CIles, Fiscal Officer¡ Maureen Kenyon, Deputy Clerk, Donald B. Lusk, County Manager, Neil Dorrill, Assistant County Manager, Burt L. Saunders, County Attorney, Bruce Anderson, Assistant County Attorney, Donald Norton, Public Services Administrator, William Blankenship, Administrative Services Administrator, Terry Vlrta, Community Development Administrator, Lee Layne, Zoning Director, Dr. Mark Benedict, County Environmentalist, William McNulty, Sheriff's Department, and Crace Underwood, Administrative Aide to the Board. ~OO( 082 mr 694 Pagl I ~~'~__'.' ,., '~"~~''''d~''''"~'_'':'~d'~'''',,,~,,,,,,~,,-,",,,,.,,,,,,,,~,,,,,;,"",",, ",~",,,,,,,,,,,,,,,,,,,,,,,«.,,,,,,,,..., .,.""~"",,,---'-",--""-'-""--"'~." '~""-.--_._~ ~ ~ ~ ~ AU'Just 21, 1984 AGENDA - APPROVED WITH cm~ Co..i..ion.r Kru.. ~ved, .econded by Co..i..ion.r Vo.. and carried 4/0, that the agenda be approved with the following change.. a. Itea 9D2 re Pied~nt Park be changed to Ite. 5. b. Minute. of August 14, 1984, to be deleted fro. agenda. c. Ite. l2C to b. added re appoint.ent to Collier County Øealth racillty. MINUTES OF AUCUBT 7, 1984 - APPROVED Co..is.ioner Kruae .oved, seconded by Co..ls.ioner PIstor and carried 4/0, that the .inute. of August 7, 1984, be approved as pr...nted. It.. . 3 PIEDMOWT PARK OM MARCO ISLAND RENAMED LEICH PLUMMER PARK AND PLAQUE PRESENTED TO MRS. PLUMMER Commissioner piator atated that Leigh Plummer made arrangements for trees to be put In piedmont Park on Marco Island, adding that he took care of them everyday and did a lot for the park. Ho stated that various people have asked that the park be renamed Leigh Plummer Park. He presented Mra. Leigh Plummer with a plaque for the dedication ~nd leadership that Hr. Plummer gave to Collier County. Co..issioner Pistor .oved, seconded by Co..is.ioner Vo.. and carried 4/0, that 'iedDont Park be rena..d Leigh Plu..er Park. It.. H RESOLUTION 84-160 RI PETITION CCCL-84-5C, LAPLAYA ASSOCIATES, INC. REQUESTINC APTER-THE-rACT VARIANCE FOR PROPERTY ON CONNOR'S VANDERBILT BEACH ESTATIS ~ ADOPTID Legal notIce having been published in the Naples Daily News on Auguat 5, 1984, as evidenced by Affidavit of Publication filed with the Clerk, public hearing waa opened to consider petition CCCL-B4-SC, LaPlaya Associates, Inc. requesting an~after-the-fact variance from the " .... Co.stal Construction Control Line for property located on Connor'. Vanderbilt Beach Estates. Dr. Benedict atated that the, objective of thia request ia an after-the-fact variance for the placement of rocks landward of LaPlay". exlatlng seawall and riprap. He noted that the location of theae rock. landward of the exlsting-,seawall and riprap at present &ODK 082 W! 698 Page 2 ~ t"j:('!:I"J..~~·~':i:~'~'¡-L·' ;':~~\~'p,''tt.,¡';';/.i'}~'';' .' ',', - \:;;1\:,',-. .~.<,;~~. ,> .. ' ---.... "' '''''----~-_.,---''''',.'- "_" ..;,~"'o_.~,_""..,· ___"",,,._.,,,,,_____.,,_ 082 ~99 . .Augu.t 21, 1984 'OO( W,\ 0 . i prevent. any .nviron.ental or .cological impact on the Vand.rb It beach/dun. ay.t.m. He .tat.d that they are not expos.d to direct wave attack and, th.refore, A.. curr.ntly not a factor In .Ith.r the erosion or accretion of the ..awl' J belch, adding that the only anticipated l~act ~y be pos.ible damage to the LaPlaya'e buildings due to rock translocation during a severe .torm event. He concluded by stating that h. I. r.commending that the after-the-fact varianc. b. granted with th. conditions that are listed in the re.olution. Hr. Bruce Cre.n, r.presentlng the petitioner, stated that available to an.wer any qu..tlon., adding that the .aawall was the middle 60's and the rocks w.re placed there at that time. indlcat.d that after the -No name storm- additional rocks were there. H. .tat.d that the tiebacks are low in order to afford some protection in the .vent of a .evere storm. Hr. Ceorg_ Keller, repre.entlng Colli.r County Civic F.deratlon, .tated that he ha. no objection to this variance. Coaals.ioner 'Istor .oved, seconded by Coaai.sioner Vo.s and carrl.d 4/0, that the public hearing be closed. Coaais.ioner Vo.s ~Yed, ..conded by Coaal.sioner .i.tor and carried 4/0, that Re.olutlon 84-160 re 'etltion CCCL-84-5C, LePlaya Associate., Inc. requ..ting an after-the-fact variance fro. the Coa.tal CODstruction Control Line for property located on Connor'. Vand..ollt .each I.tate. be adopted. he is bu 11 tin He plac.d Page 3 h~'{~) ) ~ ~ ŒS ____·."""..,,·..'..æ'o'..',....,,................·....;..· r --'-""--;-'~'-''^'''' ," "'''',....~....""'~,,..,.~'''',"'"'',...._"-'"'',.,., ,. .' -"..,."'."'.,-""',.._.,....,.,~,-- t::::::J t=:J t:::J August 21, 1984 RISOLUTIOH 84-161 RE PETITIOH V-84-12C, CHEVROM USA, IMC. REQUESTING A VARIAMCE rROM rROHT 'ARD SETBACK TO ALLOW A PAYOOOTH TO 8E INSTALLED OM GAS PUMPS rOR PROPERT'~ LOCATED AT THE SW CORNER or HORTH COLLIER BLVD. AND ELXCAM CIRCLE - AwOPTED Legal notice having been published In the Naples Daily News on August 5, 1984, .. evidenced by Affidavit of publication filed with the Clerk, public hearing was oponod to consider Potltion V-84-12C, Chevron, USA, Inc. requesting a variance from the front yard setback to allow a paybooth to be installed on gas pumps for property located at the SW corner of North Collier Blvd. and Elkcam Circle. Zonlng Director Layne stated that the objective is to allow a paybooth to be placed on gas pumps, adding that the ordinance requires any structure, other than the pumps, to have a front yard setback of 50 feet. She stated that the pumps must be set back 30 feet. She Indlcatod that the existing pumps are non-conforming at present with. 20-1/2 foot setback, adding that they were built prior to any specific service station requirements. She noted that the petitioner proposes to erect a paybooth on the existing pumps and that staff Is recommending denial. Mr. Jim Scott, representative of Ch~vron USA, stated that he would like the gas pumps on the outside in order to help deliverie' and consumers when purchasing gas. He noted that. to place the pUlnps Inland would be detrimental to traffic flow through the pump lot. He noted that the gas station was built years ago and he is request.ing that these pumps be allowed to remain in a non-conforming state and to allow the paybooth to be built. Ho presented a picture of what the paybooth would look like. Mr. Carl Smith, ownor of the Chevron station, stated that he believes that therc is sufficient hardship to warrant this paybooth, .s It would be more secure for anyone collecting money from the gas pumps at night. He stated that with a 24-hour operation, security would be much better if t.he paybooth Is allowed In the requested locat.lon. Commissioner Pistor stated that it would not have a bad effect. on the Island and felt that a 24-hour station would be helpful. Co..i..ioner Kru.e .oved, .econded by Co=-Is.ioner pi.t~r and carried 4/0, that the public hearing be clo.ed. Co..I..Ioner PI.tor .oved, .econded by Co..i..ioner Voss and carried 4/0, that Re.olutlon 84-161 re Petition V-84-12C, Chevron USA, Inc. reque.ting a variance fro. the front yard .etback to allow a ~OO( 082 PAr.¡ 704 Page 4 ,~. .;, .' '.-', I '~¡, :y, t>':.', :",' ;:;"-.:~j,:>~:'; :'¡~'~~>~\~i~~'f~:!;:;~~ ~:',.' j,' I ;>~,:,:, ;;,,'~' ", '. t '--".-"", ,:,._, .rt~:'1'I,.,~~ '~~.:'~ ,.t¡'<f'.:"~'1\"{~1·,~ ~.. ", ,'" ~~i.:_~ §~~~,~,~;{;.: ~:~~~:'Irt,~ . ".~;~, ~:~f.·::'~~:~~~r:!~~..~'-~;~:~}" :¡"··'.i ,-,. . '-='.,..., ".:-", ;t' ·...'í , ", ...,,__ ..,,~..~._.._____...'"ð~.___ '. Augu.t 21, 1984 paybo~th to be in.tal1ed on 9a. puap.~for .property loc.te~ .t corner of lIorth Collier 11v~. .n~ Ilkc...·c1rcle be .~opt.~. the IN ,:;¡{i;. ';~i "..."J~I·. .i i ir;.,. '~. "'~'~},.' ,¡~¡fl '?,~~; :,\'::.~ . ,:('--:~¡ '.... aOOK 082 ~1~t 705 fIo",,~, , . i:' . ~'. , .~. '"' 'T- Page 5 Iit!n ~ esm ,,.'''''''_,___,'''''''''''--"'''''',',''-'',''' - ~..~'....".~..._--,. ,.._,_."......,,-,---~.,=''''".,.. ., ,..____._'........."'....."~,.._.._"...__ "_u._"";·"._",~_"·.".,,,,,",,,",,~,,,,._,,,o_ ,,,....,,~._~_~_...."'.......".. '" &OOK 082 m~ 709 August 21, 1984 VACAMT POSITIOM 1M IMr.O.ÂLEE IUILDIMC CODE COKPLIAMCE OFFICE TO IE RECLASSIFIED - APPROVED Administrative Services Admlnistrator Blankenshlp stated that when this position became available, he was asked to do a study, adding that it was determined that the work being done was that of a Clerk III and therefore, a reclassification of this posltion is being requested. Co..i.sioner Kru.e .oved, seconded by Coaai..ioner Pi.tor and carried 4/0, that the vacant Clerk II po"ition in the Iaaok.lee luildln9 Code Coaplience office be recla.sified to a Clerk III. Ite. 18 APPROXIMATELY '400,000 TO IE SET ASIDE FOR SITE PREPARATION FOR THE COMMUNITY Pl.~KS AMD IALA) CE TO BE DIVIDED EQUALLY AMONG THE PIVE COMMUNITY PARK SITES FOR IMPROVEMENTS - APPROVED Mr. Tom Peek of Wllson, Miller, Barton, SolI' Peek, Inc., stated that his summary dated August 17, 1984, indicates the cost of bringing all five parks to an equal condition prior to construction. He stated that areas that were looked at for consideration were the physical topography of the land itsolf and how it drained or did not drain and the improvemClnts that would have to be made for each one of tho n to be on an equal basis. He roported that another area that was looked at was the access for the sites by the publicI another area of consider- ation was the availability of utlllties for each of the sites, and the last consideration was any special conditions that may have been placed on the property for Improve~~nts by the purchase agreements. He noted that each site was looked at and it was determined that the Mðrco Island site and the Immokalee site are at :he base condition, adding that there would be no additional money required to be spent on those two sites in order to have them at a base con~ition because the Immokalee site is a well drained site and the elevation Is appropriate to work with from this point forward. He stated that the Immokalee site also has vehicle access from three sides by public streets, and it has water and sewer service available. He Indicated that the Marco Island site has vehicle access available to it along the north boundary and in t~ locations along the west boundary. He stated that Marco Islðnd will have water and sewer service available from the utility systems currently being Installed by Deltona in Unit 25 along the north boundary. He reported that the elevation will be at an acceptable level when the lake excavation Is completed by Doltona and the excess pag e 7 ::::::J :=:J í· ¡ - '!,;if~~~~~1~1::L,;, :,: .... ' .. 'i"',' (' ;",:.', (I ....,.,_.... .,', ...~..~"-~,..--"---~-',,.,._.""_.".- c::::J c=J :--'I ~'h~ .~_.J August 21, 1984 material is spread upon the site. He stated that it does not have elevation that meets the Federal Flood Insura~ce criteria for buildings, but that I. l' considerat.ion for whatever bullding structure Is placed there itself and does not create an additional expenditure to meet the base condition. He indicated that tho Colden Cate site has vehicle access to It adjacent to tho southern boundary, adding that the topography is such that It is acceptable in Its natural condition. He noted that there Is n~t water available to that site at the present time, adding th¡t the nearest water line Is the County's line that exists at Radio Road whlc~ Is nearly one mile away. He stated that it would be necessary to either extend that line to tho site or to place a temporary plant on the site. He stated that he has been negotiating on the County'~ behalf with the adjacent property owners, the developers of the Berkshire Lake project, to try and find a way that the County and the developer could jointly construct the line and pay a pro- portionate cost depending upon the County'c particular use of the line, adding that the County's share of that cost would be about $16,400. He stated thðt If this agreement cannot be consummated before the require- ment for water service, he would suggest that the County look into a temporary on-site plant rather than the County paying a bill for $240,000 for a line extension. He stated that the cost of a t4nporary on-site plant would bo in the rang. of $20-30,000. He indlcate~ that the East Napl.s site has some work that is required to bring a hater line into the body of the park which Is about $11,000 for the extension of this water line from Thommason Drive. He stated that East Naples has v~hicle access to its north boundary, but the site has a drainage and elevation problem. He noted that it is 1.2 foot lowet than what is considered to be an acceptable base elevation, adding that the cost of this would be approximately $280,000 which would make the total cost for East Naples approximately $294.000. He noted that the North Naples site requires that a water line be extended from David C. Brown Highway to the site as well as an access road for that distance for a total cost of approximately $81,500. He reported that the topography of the site has a good fall from south to no~~h to an accepting creek, adding that by the purchase contract;thero is àlso a requirement to construct a separator swalo between the 'existing sewage treatment plant on the west and tho park site to preven~ any movement of surface waters across the park site and that amount of money is included in the $81,500. He stated that he Is talking about a total cost of approximately $400,000 ~oo~ 082 w¡'710 Page 8 'L '"~;'_"_'."_""'''''-'~''''''''<O>''____'"_'"'"'''''"'''''~"'.''_~'''''~''''''.."....·.,,""'~_~.""."m...""___ am 082,Jr.! 711 August 21, 1984 to brinq all the sites to a base condition. Tape 12 Commillloner Pistor IIHed that lome allowance should be made for the COlt of the work that would have to be done on the Marco Illand and IlIIlIIokalee lite If there wal a requirement for bringing them up to a bau condition. Mr. Peek stated that on top of the base condition each of the litel will require additional fill work for the ballfields, parking 10t~, etc., addinq that he is not talking about the total site improvement cost. He noted that the Marco Island site is 29 acres In lize, but tho actual useable land that the County is going to receive Is approximately 16 acres, addinq that Coltona gets about 10 acres of that for a lako and the surrounding area for the water retention of Unit 25. In response to Commissioner Holland, Mr. Peek stated that on Colden Cate and the East Naplel site, the site planned portion of the job would be ready to qo to bid in a month, adding that the plans are 90\ complete and h. has rouqh drafts of the contract document. He stated that when the Commissioners divide the money so that he knows what there is to work with so that the scope of the job can be adjusted, he will be ready to go. He stated that if the monoy Is divided in the manner that he Is assuming, which is on an equal basis, he can be ready in a month. He stated that he took the purchase price of all the properties and the requIred identified other fees like the bonding fees and the consultants fees and deducted that from the bond Issue and what was left was divided equally. CommissIoner Voss stated that Mðrco Island people have paid for that park site and they should qat consideration for It. He stated that he came 1':' wi th some figures that would give them consideration. Commissioner Pistor stated that a decision needs to be made so that constructIon of the parks can begin. Mr. Peek stated that construction would not begin within a month, adding that the documents will be ready In a month and It wIll take a month to receive a response from interested parties, at which time their documents will be anallzed and a recommendation will then be brought back to the CommissIon for an award of a contract. He stated that at that time, there is usually a 30 day lead time for the contractor to get on-site, adding that he Is talking about three months before someone is actually workinq on the site. paqe 9 ;,,··:1 c=:J ~ !_!".:":',':;". ~·;·."'_;t~,~ '-'._.---;':'......L~ ,'': 'h,,· ,','~, "rw",'"' I' ". , ......,'. "(",'.",., .\'-';';',-.''''.';- , . "..', ", ... -.-- ..; ".",._.'-".""".,~,,_.,-,-,~.""'.~._---- ~ t:=:J ~ August 21, 1984 Mr. Mike Zewalk, repre¡entlng North Naples Civic Association, stated that the ,400,000 should be spent to bring these parks to a base condition. He .l.ted that after the base condition is resolved, the division of the money could be discussed. Commissioner Voss stated that ho agrees that the preliminary work on the site preparation of the parks should be done, adding that the final distribution on the money does not need to be done this date. Commissioner Holland questioned how long It would take to do the site preparation? He stated that he has been told that there could be federal money coming for the development of these parks, but It will not be until after the fiscal year begins. Mr. Peek stated that he does not recommend that the $400,000 be spent at this time because some of these items of work will come about In StolpS 2, 3, or 4 in the parks. He stated that in North Naples the construction of the water line would be in a second contract portion of this project and the Colden Gate water line would be in a second portion of it. He stated that coupled with the bid packages for these Items, there should also be the bids for the interior roadways and parking lots, etc. Co..i.sioner Kruse .oved, seconded by Co..issioner ristor ,nd carried 4/0, that $400,000 be set aside for the site prep~ration for tbe coaaunlty parks for the base condition require.ent. .~ outlined in Mr. Peek'. auaaary. Coaai..Ioner PI.tor aoved, seconded by Coaals.ioner Holland, thet after the $400,000 hae been taken out, the re.ainder be divided equally five way. for the coaaunity park.. Commissioner Voss stated that he did not think that it was right, but it is Commissioner Pistor's district. Commissioner Pi.tor stated that he It not In favor of this, but by dragging the matter out, It i~ not going to accomplish anything and the p~rks need to be started. Commissioner Kruse stated that she feels that there should be an amount set aside for Marco Island, ad~ng that by dividing by five, this will penalize Marco. Sh~ stated that she was going to recommend that this be resolved acre by~cre. Co..i..ioner PI.tor atated tþat he would withdraw hi. ~tion becau.e he would rather .ee it done right. Commissioner Kruse stated that each Commissioner could write up a 600( 082 P ~[ 712 Page 10 "'-~,>...."......_--~'".". .._-_.._,._._...,._-_._....'"_._.__.'"-~_.;--, ,,",,"-"--"'--""""-'-"'-""-'~. .oo~ 082p¡r.r713 Auguat 21, 1984 propol.1 for the dlvlalon and It could be decided upon on September 4, 1984. Mr. Ptek state that he needs to know the division of the ~on.y in order to finalize these parke and the money that II going to be available for each park. There waa general discussion regarding the money that would be saved on fill dirt for the East Naples site, which could be credited to Marco Island. Tape 13 Commlesloner PIstor atated that Marco Island ahou1d be cr.dlted with $300,000 and divide the rest equally. Co..i..ioner Kru.e .oved, .econded by Coaai..ioner Voa., that eech Coaai..ioner put in writing a propo.al regarding the way the .oney .hould ~ divided for the .eeting of Septe.bar 4, 1984. Filcal Officer Giles stated that there could be $800,000 per park alte and the difference added back to Marco Island which woulJ be around $300,000. Mr. George Keller, President of Collier County Civic Federation, etated that this has been put off long enough and nothing is going to be resolved. He stated that the best way is to distribute tha money equally among the five parks. County Attorney Saunders stated that he has a little concern with the Sunshine law regarding Commissioner Kruse's motion, adding that It would be a very technical violation If the Commissioner's wrote down figures and distributed them amongst themselves. He stated that if it was done in open session, there would be no problem. Coaai..ioner Vo.s withdrew hi. .econd and Co..i.aioner Kruse withdrew her .otion. Co..i..ioner Pi.tor .oved, .econded by Coaai..ioner Bolland and carried 4/0, that after the $400,000 has been d.ducted to bring the park .ite. up to ba.e condition, the re..inder of the aoney ~e divided equally five way. a.ong the five co..unlty parks. ..... Rece..1 10%10 A.M. - Reconvenedl 10120 A.M. ..... Ite. 19 PLAYGROUIID EQUIPMIIIT FOR APPROXIMATELY $2,000 FOR THE GOODLAMD TOT LOT - APPROVlD. COUllTY ATTOJUlIY TO APPROVE THE LEASE AGREEMENT AND CRAI~tAN AUTHORIZED TO SIGN SAM!. Public Services Admlni.trator Norton stated that thia request ia to obtain approval to purchase up to $2,000 worth of playground equipment and enter Into a leaae agreement with the First Baptist Page 11 c::J c::::J E::!:J ~',.. '" ,,,.",,,.,..,.,,,.p_,~._~,".....<..,",.,,...",,.".; "'.,~ ,,,,,-,,,...,,, ..~-..,'."."."'-'---;- ~ r::::J c.::J August 21, 1984 Church of Marco fc' .. piece of land to place said equipment on. He stated that a group 0' residents approached Staff to ask the County'. assistance In purchasing playground equipment for the children on Coodland. He stated that the property tho residents would like to use Is located between Coconut Avenue and Mango AV9nue on Coodland. Co..i..lon.r Pl.tor ~v.d, .econd.d by Coaal..ion.r Xru.. and carried 4/0, that the playground equlpaent for .pproxi..t.ly $2,000 for the Coodland Tot. Lot be approv.d. Mr. Norton stated that the lease agreement for ten years has not been reviewed by the County Attorney and he needs ~uthorizðtion for this. Co..i..lon.r Pistor aov.d, ..conded by Co..i..ioner Vo.. and carri.d 4/C, that the 1.... .gr....nt with the First Bapti.t Church of M.rco for the l.nd for the equlpa.nt be revi.wed and approv.d by the County Attorney and the Chalr..n b. authorized to .ign .aid agr..ment. It.. 110 R&COHMBMDATION REGARDING WORKSHOP DATE FOR PROPOSAL ON PUBLIC COLF COURSE - WITHDRAWN Coaai..ion.r PI.tor ~v.d, ..cond.d by Com.i..ioner Kruc, and carried 4/0, th.t the r.co..end.tion regarding a workshop dat.' for the propo.al on th. pUblic golf course b. withdrawn at thl. tim.. It.. 111 REPORT RECARDINC THE SEWER MEA -A- WASTEWATER TREATMENT PLA.T TO PROVIDE FIREFICHTINC CAPABILITIES - NO ACTION TAKEN. Assistant County Manager Dorrill stated that this 1tem Is a continuation of an Item that was discussed two weeks ago, where it appeared that the County was going to be required to Install an additional potable water line to serve as a water main extension for firefightlng purposes at the North Naples Sewage Treatment Plant. He .tat.d that during the course of the last two weeks he talked with the consulting engineer and with officials of the North Naples Fire District and a meeting has be!n set for,wednesday morning at which time he is planning to propose a s~lution that will save tho County the $35-40,000 that was previousli ~Iscussed. He stated that it appears that there i. sufficient volume ihd capacity at the sewage treatment plant, addinq that if a sIamese fIreline connection wore Installed al the effluent comes out of the chlorination chamber, it Is more than lufficient In terms of fighting a fire even though it would not be fit to drink. He stated that there appeaisto bo in excess of a half ~ODK 082wr. 714 PlIgo 12 .f· :~;~ji{:'f.i:ð~fi,!,'tli.: "~(" L'" .., :':;;:\{~~:~!~'!';~i~··,>V~i~:~~'~t;7.7 ".:,' '. am 082 w.r 715 August 21, 1984 ~illion gallons worth of capacity at any given time at the plant, adding that he I. goi~g to propo.e a very .Imple siame.e connection be installed a. the flnaA product effluont comes out of the plant. He not.d that combined with the existing 3 inch potable line, it will give the County the ability to take care of any emerg.ncy .Ituatlon at this location. He not.d that the Engin.ers have indicated that there i. sufficient pr...ure to self-prime a fire pumper. He stated that h. hopes to have thi. matter resolved and only In the event that he does not, h. will be back seeking authorization to pur.u. some other course. Ite. 112 SBORT LIST FOR UTILITIES DIVISION ENGIMEER or RECORD - APPROVED. STArr AUTHORIZED TO NECOTIATE A FINAL CONTRACT As.istant County Manager Dorrill stated that this is a recommendation to approve a short list for the Engineer of Record for the Utilities Division, adding that this past .pring Staff had been authorized to retain a consulting onglneer to do feasibility and an analysi. of the Lely and Doltona own.d utilitie.. He stated that as a result of the change In tho Utilities Division and recognizing the potential of this division and being able to maintain 50me continuity for engineering purposes on any future feasibility, bonding' r con.truction projects that the County has, he is now pursuing an engineer ot record that would have a wider scope of contractual commitment to the County as opposed to two site specific utilities, tho.e being L~ly and Deltona. He stated that as a rosult of the change in scope, the Attorney's office advised that It would be in order to readvertise and .eek proposals and qualifications from consulting engineers. He .tated that this was done and it i. now being recommended in a rank order, the firms that were selected. He stated that the top three choices wero PRC Consoer Townsend/Hole, Montes, Nashville, Tenn....e, Naples, Florida; Gee' Jensen, Fort Myers, Florida, and HNTB, Cape Coral, Florida. He stated that he I. asking that the Commis.ioners approve the ranked short ll.t and authorize Staff to negotiate final contract to bring back to the Board. Coaais.ioner Pistor aov.d, seconded by Coaaissioner ~rus. and carried 4/0, that the Board adopt the ranked short liat and authorls. ataff to negotlat. a fl".l contract for Bo.rd consider.tion for an Inqlneer of Record for the Utllitie. Division. Page 13 :::::J !=::J r=J .\~'}~~~'Yi~~f~>~';7~,:'L' ,. ~'-" , ',- _._.....~<._.......~" '. ,··,.""...'c_.'^"'"'>',,..,....'.,,...,. '_,.....,_."',..___._~_... _...'-""'"----,-~--"-~.".". ~ ~ r:::J August 21, 1984 Ite. .113 EMS BILLING DISCUSSION - CONTINUED TO 8/28/84 Coaai..ioner Kru.. aoved, ..oonded by Co..i..ion.r Vo.. and carried 4/0, that the EMS ~tllin9 di.cu..ion be continu.d to Augu.t 28, 1984. Ite. '14 REIMBURSEMENT TO THE S",,"D AWe COUNTY ATTORNEY'S OFPICE OF EXPENSES RILATID TO AN APPEAL-RILATED TRIP TO W~SHINCTON REQUESTID BY PEMA _ APPROVED Coaal..loner Kru.. aoved, seoond.d by Co..I..ioner Pi.tor and carried 4/0, that the BCe authorlz. r.i.bur....nt to the S",,"D and the County Attorn.y'. offlc. of .xpen.e. for travel, 10dqinq and .eal. for an appeal-r.lated trip to Wa.hington r.quested by the F.deral Em.rgency Manaq...nt Agency. Ite.. 115 ROUTINE BILLS - APPROVED FOR PAYMENT Pursuant to Resolution 81-150 the following checks were Issued through Friday, August 17,1984, in payment of routine billsl CIIECK DESCRIP'rION CIIECK NOS. ~ Vendor 115192 - 115502 $1,131,464.23 Ite. 116 BUDGET AMEXDMEUTS 84-616/617, 84-625/627, 84-630/631, AMD 84-634/635 ADOPTED Coaai..lon.r PI.tor ~ved, .econded by Co..i..loner Kru.e and carried 4/0, that Budqet A.end.ent. 84-616/617, 84-625/627, 84-630/631, and 84-634/635 b. adopted. Ite. 117 STAPP DIRECTID TO PREPARI A COUNTY-WIDI ORDINANCE RICARDINC SEAWALLS TO BE HIARD ON SEPTEMBER 25, 1984, IF POSSIBLE Commissioner Pistor stated that there are 48 seawalls on Marco Island that have not been repaired and about 17 that are ready to fall into the canal. He noted that a group of citizens on Marco Island have prepared some material for ordinances that will require that the .eawalls be repaired. He stated that seawalls that are built on Marco Island aro done so IS a deed restriction, adding that there is no ordinance in lhe County at this time. He stated that there should be In ordinance that states that the seawalls on the canals on Marco ~OOK 082 F1'.[ 716 PIg e 14 .... > ""~"'-"'"-''''''--''''''''''--~''''~''-.'''"-''~"''''._'-----~ -......----,..-.......-...........---.,." , '00( 082w.! 717 -August 21, 1984 Island should all be aUke. He reportecf'that Assistant County Attorney Anderson has worked with a committee on' Marco Island regarding seawalls. County Attorney Saunders slated that th~ reason that this is on the agenda is that there needs to be direction Irom the Board a. to what needs to be done on Marco Island in r.efere~ce to seawalls. He stated that Assistant County Attorne~~~derson ~~s met on numerous occasions with various organizations on Marco Island, adding that a problem that the Board needs to address, consider and give him direction on, Is what role the manager's offico should play in determining what is necessary for Marco Island and what role tho County Attorney's office should play in drafting the various ordinanc~e that seem appropriate for preservation or restoration of seawalls on Marco Island. Assistant County Attorney Bruce Anderson stated that he has a draft ordinance that private citizens prepared, as well as their comments. Tape '4 County Attorney Saunders stated that Aaaistant County Attorney Anderson Is requesting an ordinance that makes the Code Enforcement Board from Marco Island the enforcing agency for the requi·ement of having seawalls. He stated that Chapter 162 of the Florida Statute! provides for County or Municipal Code Enforcement Boards, ~nd Section 162.02 provides for Code Enforcem~nt Boards in Counties of Municipalities. He said that the Statutue reads I -Including but not limited to occupational license, fire, building, zoning and sign codes.- He stated that if thero are ccrtain specifications required for seawalls that would be a technical code that could be enforced by the Code Enforcement Board. He noted that the ordinance that Is being presented does not go Into that depth, adding that he does not believe that the Code Enforcement Board would have authority under Chapter 162 to enforce the ordinance that Is being presented this date. H. noted that if the Board feels that this type of ordinance is in order, it will have to be redrafted and provide for enforcement through the norm.l County enforcement procedures which would be the Building and Zoning Department filing a complaint with the State Attorney'. office, or St~ff bringing an action to the Circuit Court with a civil type of arrangement. Commissioner Pistor stated that an ordinance should be enacted Page 15 c:::J c:::J ~ """"'--' :>/\1.1/")/:' "";,~:,.c.'~~''-'''ì;''':':'<;<';')'''''I'~:tf~~,J~'':~'.f~1Mt/~1li:~"~~~~~,~:.:,~,. L' '," .", ,.';1,01'..'\ . ',......:.:- ....' i.þ.~'~("l.(~~~¡'1ré'\,...'j~~.:t~f;. ,,' . ."C ':"';'C';;iJ~I;1II>~~~i!¡P;'~;'\~fit/i:t~;.,., . .._."""......"~......'''''...,-'-''.,_........_-;.,..._"......_.."........- h::.:J ~ c::J August 21, 1984 should be built, so that the go by. He stated that there that specifies how these seawalls Dep~rtm~nt will have something to be standard rules~or seawalls. County Attorne' Saunders stated that there are specifications for seawalls, adding that there is a building a .eawall. Building Director Woodcock stated that dt the present time. the main requirement of the Building Department is that plans for a seawall be submitted with an Engineer's design and seal approving the installation of the seawall, adding that the Building Department then makes inspecticns that the construction complies with the drawings. He noted that there ace no actual specific codes regarding seawall construction. Building needs to no specific fee charged for County Attorney Saunders stated that the ordinance that has been pre.ente~ would have to be reworded to be sure that it Is In conformance with Chapter 162 which would mean that the County enforcement procedures that ore available for zoning violations and things of that nature would be utilized. He stated that his primary concern is with direction regarding drafting an ordinance providing for specifications for seawalls, adding that his staff does not have the technical capabilities to come up with such technical specifications that are needed. He stated that he would need the Managel 'S office for assistance. He reported that the Board should consider the economic impact that there may be in terms of this type of ordinance. Commissioner Voss stated that there should be standard designs for seawalls throughout the County and the Building Department should enforce them. He stated that there is a definite need for this type of ordinance, but it should be County-wide not for just Marco Island. Commissioner Pistor stated that standards need to be established first, the ordinance adopted, and maintenance of the seawalls established, adding that this should be d~ne for the whole County, but presently Marco Island needs something done immediately. Co..I..ioner Vo.. .oved, .econded by Co..ls.Ioner Kru.., that Staff be directed to prepare a County-wide ordinance aandating that .xl.ting s.avalls be aalntalned and that standards for the .aintenance and construction of any future .eawalls b. Included in the Ordinance. c'ounty Attorney Saunders stated, regarding the issue of existing walls and tho new standards that would bo developed, that he would envision this as grandfathering in existing seawalls but a failed wall ~OO( 082 F!'.! 718 Page 16 L ·oo~ 082 W.! 719 August 21, 1964 would have to be defined and once It Is joplaced or significantly repaired it would have to a~~ere to the new standards. He noted that there could also be an ordina~~e passed whereby the County could be involved In puttlnq a lien on the property. .... The following people from tho Mðrco Island¡:Soawall Committee spoke in favor of having an Immedlateordi~nce regar;'inq constructln9 seawalls and maintalnin9 existing se4~~1Is, citlnq the fact thet 46 seawalls have collapsed, 17 seawalls need repaire, the fact of public aafety hazards, naviqationel safety hazards, and the eyesore for adjacent property ownerel Mr. FIa y Cr ouso Mr. Des Farrell Mr. Ed D/lY Mr. Robinson Clark Mr. Charles Sahler Mr. Darrell March County Attorney Saunders stated that he has a little concern about developing the specifications which is the critical part of this ordinance, adding that County staff is also going to have to see if there are any national standards that can be reviewed as well as the standards that ere proposed by the residents of Marco Island. He stated that he has a proposal that may solve the Immediete problem on Marco Island and g ve him the additional time that may be needed to review the epeclfications. He stated th/lt the initial ordinance presented provides that e collapsed seawall is a hazard to navigation and is a nuisance and it is illegal to maintain a collapsed seawall on one's property, adding thnt It also provides for the Code Enforcement Boerd to assess fines for that eventuality. He stated that he would suggest that an ordinance be prepared basically the same, but mandate that these walls be repalr~d In a certain period of time and in the event that it is not done, then County staff could cite the property owner. He stated that while this is being done, information on specifications could be obtained a~d national codes could be reviewed and then an ordinance could be developed dealing with the construction, ~aintenance and repair of seawalls in terms of specifications. He stated that in the meantime, there would be something on the books that would solve part of tne problem on Marco Islan~ and In the rest of the County. He statod that he would draft the ordinance as quickly as possible, edvertise it as quickly as possible and notify the Mðrco Island people that it will be heard. He stated that he would try to return to the Board with this ordinance on September 25, 1984. Page 17 t:=] c:J ~ ~ ,\ ".',\.1, ..~..;.'. ' ,,·..:·...,·,'.,..··"'·:·'''L -'. . : H ,io·....,~-,"" j..~.~I.. ,. ': ;..:,,~, I ¡ ,:"\.....L;;,:;",;;.~}~. ;., , . ; ',','" :. " '. ;:' r~~~~·,~~~:~..::,;~~· ;"j'J,1'~,;,-,~:' . ~~·','i''f,+.r:~'''·I,f.~i.ci'; .',1 ¡ ~. '",;~ ~;~ V,~t: t,':' ,\':;, ~:f,;:ft{ ~.: ~."~, ~'"'''' ~ ¡;;::;:J ¡;;;:;;::] Au<¡ust 2l, 1984 Upon call for the que.tion, the action carried 4/0. Co..i.sioner Kru.e .oved, .econded by Co..is.ion.r Voss and carried 4/0, that th. ~nteri. ordinance be brought back to the BCC by Sept.. bar 25, 1'14. Comml.sioner Kruse questioned if the u.s. Army Corps of Engineers has a sot of standards, to which a representative of the U.S. Army Corps of Engineers in the Ft. Myers office stated that permits are required for replacement and repairs, adding that there Is some guidance in their regulations. Ite. 118 COKMISSIOHERS ØOLLAHD, YOSS, AND PISTOR APPOINTED TO THE PROPERTY APPRAISAL ADJUSTMENT BOARD AND ADMINISTRATIVE AIDE TO THE BOARD AUTHORIZED TO CONTACT THE SCHOOL BOARD FOR TWO ADDITIONAL MEMBERS Co..issioner Kruse .oved, .econded by Co..i..Ioner Pistor and carried 4/0, that Co..is.Ioner. Holland, Yo.., and Pi.tor be appointed to the Property Appraisal Adjust.ent Board and Ad.iniatrative Aide to tbe Board ba authorized to contact the School Board for two additional .eaber.. I te. U, RESOLUTION 84-163 APPOINTING DR. POLKOWSKI TO THE COLLIER CO~·TY HEALTH FACILITY AUTHORITY - ADOPTED Co..ls.ioner PI.tor .oved, .econd.d by Co..i..ioner Kru.e and carried 4/0, that Resolution 84-163 appointing Dr. Polkovski to the Collier County Øealth racllity Authority, be adopted. ðOOK 082 F¡~r 720 Page 18 '_.".._-----",.".. .----""-'-_....."""--""''',.~ ~ t;;:J r.::zJ August 21, 1984 ..... Co..i..ioner ~ru.e .oved, .econded by Co..i.eioner Vo.. and carried 4/0, that the following ite.. be adopted ar;'1/or approved under tile con.ent agenda' ..... Ita. 120 PETITIO. TR-S4-1C, MILLARD AND DOROTHEA STUV1CK REQUESTING A TSREE "ONTH TEMPORARY RESIDENCE PERMIT 'OR THE WEST 150' 0' TRACT 64/ UNIT 16, COLDEN GATE ESTATES Ite. 121 DEEDS 244-11 and 393/398 FOR LOTS AT LAKE TRAFFORD MEMORIAL GARDENS Su pag.. 7~.5~ 73/ PRELIMINARY ACCEPTANCE 0' VICTORIA PARK WEST, PHASE ONE AND ACCEPTANCE or SUBDIVISION BOND NO. 524-60-63 'ROM FIREMAN'S 'UND INSURANCE COMPANY IN THE AMOUNT 0' $195,000.00 AS THE REQUIRED lOt MAINTENANCE SECURITY Docuænt not received in CIerI< to Board office as of 8/29/84. Ite. '23 CERT. FOR CORRECTION TO TAX ROLLS - AS PRESENTED BY PROPERTY APPRAISER 1981 TAX ROLL 629 7/30/81 1982 TAX ROLL 664 - 674 7/30 - 8/6/84 1983 TAX ROLL 341 - 342 7/30 - 8/6/84 1983 TANGIBLE PERSONAL PROPERTY 1983-509 - 1983-526 8/1 - 8/6/84 Ite. '24 RECORDS TO 8E DESTROYED AS PRESENTED BY CLERK REACAM'S LETTER 0' AUCUST 2, 1984 SOl Page 7.J::J.~73'1 ~OOK 082 W.[ 722 Page 19 ..' '.'¡7,,\~......,Ci~~,.... .... ,..... "I...i' ." :',;'¡~:~-~~:;\í':t~;-::., -.;o':,'I'~-:.-~~.". .. /', ", ."'~ ,ÎfJ.I't-,''i:H~~¡}j)\ '·i'~)~~~'~. .,.'~" " ;'''\''I!',>~:_. ,I:':: "~1'::' ,;,:,,~:;._ >, , t..;. . . . . ',-, '~~-~"'~~""''''''''""''-«''''''''''''''>''''''''',,",fi'"''__'''''<_''''.",,__.."'._...__ ".''''._.....,._"..,...___._''".,~__..'''...__ "".,~"'""'"_._~_...o.."._..... " _.~_..;_._.."""-_.._""""",'"_.,-,.., ..,~. ""'···"·~"'_..""~,...,,,,",.',,,.....,...,_...,,,,.;_w_.....,,,~~..,,,..._.,,",._... "'" .,',.......,~_'"'_,;, 'OOK 082 w·{ 723 .^ugust 21, 1984 It.. '25 AGRIEMENT WIT. DIVKLOPIR or TOLL PLAZA R.V. PARK RI SEWER FACILITIES AND PAntlnlT or ALL 'PPLICABLI WATlR AND SEWER SYSTEM DEVELOPMENT CHARGES - SUBJECT ~. THI FOLLOWIMC STIPULATION 1. The Agr....nt docu.ent i. found to Þe l.gally sufficient by the County Attorney for acc.ptance by the Board. Soe Pag.. . 735'-13 (,::, ..." Ite. '26 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED Ther. being no objection, the Chair dirccted that the fOÄlowlng correspondence be filed and/or referred to the various departm~nt. as indicated b.lowl 1. Notice of appeal from the Department of Community Affairs to the Florida Land and Water Adjudicetory Commission, pursuant to Section 380.07, Florida St~tutes, of the Marco Shores pun Development of Regional Impact development order rendered by the BCe of Collier County, Florida, on June 20, 1984. XCI Mr. Saunders, Filed. 2. Copy of ·Intent to Deny· from DER to James Dlchello c/o Ceorge W. Batchelder, on Permit No. 11082556 for excavation of approximately III cubic yards of material. xc: Dr. Benedict, Tom Kuck, Filed. 3. Copy of Department report from Solid Waste Depar: ..ent for FY 83-84. xc: Filed. 4. Copy of letter dated 8/6/84 from Vernon E. Shannon, Chief Assisted Housing Management Branch, HUD, to Ms. Shelley Williamson enclosing copies of the Management Agreement and Assumption Agreement for the transfer of Section 8 Existing Program from City of Naples to Collier County. xc: Ms. Willi amson, Filed. 5. Letter dated 8/7/84 from Division of Uousing and Comr:1unlty Development transmitting executed originals of CDBC Small Cities Uousing Award Agreement. xc: Ms. Williamson, Filed. 6. Minutes of Golden Cate Community Center Advisory Committee for May 8 and M~y 29, 1984 and June 4 and 26, 1984. XCI Filed. Page 20 == ~..' ~ ~ -- ""<''''.'¡''':;'~i~~4~~~1'~ΡIi:f······ ",. '}''¡J.')'Y ::,.·,.~:'~;,t~ %:r~ímŽ~~!:)/.,.. . '. ',': : . ..". " . '~,_.i ,~., '''·I~':,,,_.,. -../ " ,<1' '--'''--_."---"'"''''-'-_'''~'''''. ~ ~ r:.;;;;:) August 21, 1984 7. Copy of financial r.port from HRS of the Colli.r County Public Health Department which reflects roceipts and disbursement. for FY 83-84. XCI Hr. CUe., FUed. . . . . . . . There being no fu:·ther buline.s for the good of the County, the meeting was adjourned by Order of the Chair - Tlmel 11130 A.M. BOARD OF COUNTY COMMISSIONERS/BOARD OF ZONING APPEALS/EX OFFICIO COVERNINC ~g~~~¿~) O. SPEC'~'S~R:CT~S %~:::::: ATTESTI WILLI~H J. REACAN, CLERK ~/ ,/ ;',' . j ~;; {)C~ 't1\0~ "---ð--" ~ ,1'~....¡m~~·~s were appro_~ed by the BCC on L > ~ //'.1' P" :;>.... ..~~<. ,.... ---- = ...~~~!pre..rt't..ed.~~ ~ or AS corrected ~:.:( r:: ~ ~,-," "" . ",", .. '. ",', ( '''", '... :" "J~' ..:.'" »,J'811IC ~..,..' ~OO( 082 FJ~r 724 Page 21 ..,...-_._".........,,,..,.......,..,"',,..,,...,,..,..,,,,.--..- ",.....""". ,.'.,.~'..,'_."~.....,,^-,. ,·,··,·""·,··~····"',·,·''''.."·,"''~·"·,-~,··,,,·,,_",_u,·__"__;~_.'H,_"_""""___..._~._~,...," ,,,,....._.,,....__.._-"""',,..,...,,-,...... . '..