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BCC Minutes 11/15/1983 R . ' ,'" .', . ' ',," ~I~ -----~-----~--~--~-~~--~~~ . . -, '. ' '¡I,.~f, . '.'}f\í{~~~;'>~" " . :';,':' .~ Naplol, Florida, November, 15,.. 19B3,,;:¡.:~,~'1' , ·/"t~;'~~"~gr·~~' LET IT ß~ Rt;MEMBERED, that: the Board' of County ,corn~1~~~:t~~~~'iJ.~,\ý ; " \..<,., ,.",.......:/1,:, and for the County of Coll1er, and also acting as the Board,;oi.~,zo'~ln" '. ',\ ¡ ..,.y, .~i', ..1,_,;l;>1¿~" Appeals and as the 90vernlng board(s) of such special districts as "havo' ",":Î1."'" ',~; ~'f been created accord ing to ldw and having conducted business horeinlmet:' . . ,:~{.t, on this date at 9100 A.M. in Regular Se..10n in Build,lng .!-", of the;'~)'5;;" . 'l,J!!j' , ':\,,~'i,r Courthouse Complex, East Naplos, Florldn, with tho following membors..:.% .J.,.-------- .'~ ¡ prosen t: -"~ CHAIRMAN I VICE-CHAIRI"AN I David C. Brown C. C. "Red" Holland John A. pistor Frederick J. Voss Mary-Frances Kruse " ALSO PRESENTI William J. Reagan, Clark; James C. Giles, Fiscal Officer; C. William Norman, County Managor; Burt L. Saunders, County Attorney, Bruce Anderson, Assistant County Attorney, Terry Vlrta, Community Devolopment Administrator 1 Knuto Hartman, Public Works Administrator; Irving Berzon, Utilities Administrator, Mark Thiole, 'Purchasing Director, Rollie Rice, Parks & Recreation Director, Ann Obor, Planner, Crace Underwood, Administrative Aide to tho Board, and Deputy Chief Ray Barnett, Shoriff's Department. " "1\ 'tt ..,~ :'\ff, '~ ' "~ . !~ ,:..1' .~ 'ij .9-(" ¡~i ;~~J :i~ 'I . _,.t, ;1. ;'- ,','I" "/' ··-·l~ ,.,'; " , :~I~ 0;-$ ,':"'."" . .,~ , "~I: '," 11J' '. .'f.:. .? .,~;.~.; ';.:'(1"\.:; ". . ... ,f ,"...: BOOK 078PA~t597" \ ì', :;:~~,'. ..;,._~.~1 ,?'.i~t 't''\ . t'! --.... --_. -.,-- ,¡,. i.. " , . --~ ~ ¥ " "1I.~_"",__-",tII"'.'·"'''M'''''''''''''"''·''''''''''-''''''''-''"·'·''''''',"1''t."""""",,',., ....-.--_~---------- ..-..-.-..... - - - - - -.¡¡.-.- ------ - - --........-....: Novombor 15, 1983. Tap. .1 Item '1 AGENDA - APPROVED WITH CHANGES Commissioner Voss moved, seconded by Commissioner Pistor and carried unanimously, that the agenda be approved with the following changes. a. b. c. Item llA to be moved with Item 6B2 Advisory Board for ·Cypress- to be discussed with Item 9BS Item 17G1A to include stipulation that all documents are found to be legally sufficient by County Attorney. Discussion at conclusion of meeting regarding Community Parks Master Plan '3. .', ", ..} d. Item '2 MINUTES OF NOVEMBER l, 1983, MEETING - APPROVED Commissioner P!stor moved, seconded by Commissioner Voss and carried unanimously, that the minutes of November 1, 1983, be approved. Item 13 PETITION ZO-83-11C, UUBSCHMAH ¡ ASSOCIATES REQUESTING AN AMENDMENT TO ORD. 83-32 - DENIED. COUNTY ATTORNEY TO DRAFT ORDINANCE RE IMPACT FEES Legal notice having been published in the Naples Daily News on October 13, 1983, as ovidenced, by Affidavit of Publication filed with tho Clerk, public hearing was opened to consider Petition ZO-83-llC, Hubschman ¡ Associates requesting an amendment to Ordinance 83-32 to revise the language concerning utility service. Planner Obcr stated that this petition is to r~vise the language in the \'iinter Park l'UD document concerning utilities, Ðddin9 that the ~;¡ ;i, f; '¡ "' revisod language statos that the customers within the development shall':ti I, ,ft~ be East Naples Wator System's customers. She noted that tho UtUity ',J .11" wUl be responsible for their billing and the maintenanco of the :',; facilities and, that the Utility will hava tho right to loasa back tho· ::i lines to the County. Sho stated that whUe the Utility Is privately;ä~ ¡",.~ ,:,:,\~own.d" ~o impact fo.. WOUldIO~: ~:I:~6;nty, adding that at .U~:a::m:1 ..;...;.-------------------------,--'-~ -~.....,-,---~,~ . ~. ,.~ ;'.:., ,.,' t~ ; .; ,¡ i~ ' .... _:_-"'''~._,,_....'''-"'".,,--""........_...,'''....._..".,'"''''>.,,-............"......''',.............~'"..... ---.-.. - -- - - - --- - - - - - -- - -- - - -- ---.....---------:----:7.~ '" \',~ti '~ ,~~;JM, ,; ~~·Y.:~l , I .~" c . , ' ,~ : t, 1 or ~~~'~;';"'~"; : ~'~~-'\I:'¥)';. _" ';,. f1~'~?"" ~,,' November 15, 1983 078 rAr,tSD.t: , f" ._t.,,; '.~ the County purchases the Utility, tho developer will pay impact any units for which he has not alréady received permi ts. SheincUcate'd:¡ that the Utility Division reviewed this petition and finds thðt the proposed revision to Section XIV of the PUD documont is not acceptable. 'She noted that the proposed languago is contrary to the goals and objectives of the County's long-rnnge planning for Utilities and is also contrary to the conditions presently being applied to all other subdivisions and land developmont projects; including those which have their own on-site utility facilities. She concluded by st~ting that tho CAPe held their public hearing and unanimously recommended approval subject to the stipulation that staff and the Petitioner come to a mutual agreement concerning tho impact fees. Commissioner Voss stated that there should not be an exception made for this Utility. Commissioner Pistor stated that the County is trying to purchase this Utility and the policy that was established rogarding impact fees should be retained. .} ~-', ':';~ ,J> '..' .1, " <'~ "ii: :t-(~ " ~~:?i .~ ,:~ ;, , '::~J }'~,'~,··I~.~< " t., ":~ ..,...J, \?' \:t To Commissioner Holland's question regarding who would receive the impact fees, Utilities Adminstrator Berzon stated that the intent of this case is that the impact fees would only be applicable if the County mandates or has an ordinance for impact fees and they would be collected by tho County to be used for ei thor construction or new facilities or for the acquisition of existing facilities. There was general discussion regarding impact fees for Loly and Deltona. Commissioner Holland ståted that he cannot see the justificatlòn , 1n charging additional money if they do not need it for expansion. Utilities Administrator Berzon stated that this money would serve ",.,' , - .-.,-..-........ ......- -----, - ~...-........-..... .________,."""_"~_,_.....,~.,___"',_~""'...........,,.""",..,.<...~__~~...._~",.._.,,~~..._...",·,..."','.._,,"_w·,.,' ,~"'...",., .. -- - - - - ------- -- - -------------- ',~ 1.1 '. ~ ,.H aOOK 078r¡Q 605 . .' ,pago .. "'/;~~, (~,::, . . ",',.:.;' I, ,>:,;~" r-------- - - --- ---- - -- --- -- - -----.....----...;..-..;;...'.. ~fr . ¡, '.. . . . ·:é¡,;~;i(:*~,~~i~i --------.'~' . ,::'~, "~ --~,:~~ +j , i';'~;~~,. . I Novomber lS, 1983 4S a portion of the revenue sourco ðH it do os in the watqr system for . carryln9 out a sewer progr~m. Commissioner Voss ut03tad that there is sufficient capacity in the East Naples Sewer aroa to handle the development, adding that the cost has been inventoriod and, ~s units ðrc built, n portion of that coot· is ... ,.' \, ,j '·'~li ~ ¡J;~fA! ' ¡t,~!i ~'.;.?;; iJ~!.;,.t' :'.().~ ;{t , Ji" 'fit; 1_,;1f.. , ~·<'~:t , i:'<'~'~ "J¡ ð;l . charged off to what is Gold in the area. He noted that if an impact fee 1s charged, 1t would still go to the nwners of the Glades, adding that the Glades should charge an impact fee and collect it from East Naples Water and Sewer. Utilities Administrator Berzon stated that in the case of the system like the Glades, as they add customers they are increasing that portion of the use Ðnd useful of the plant and can then extract the rates from the users. He stated thnt the impact fces would have the effect of reducing the total cost of the acquisition or in the event that the rates are kopt down and the system 1s not purchasod, the County can buy back the use and useful portion of it. Commissioner Voss stated th03t if there is not an impact fee against the Utility system, tho present customers will hnve to pay within their ratos, adding that the new customers coming \n ohould have ~:,A~ ~:.~. '~;'v~' ." ~~.-¡ ¡ i~,,;; , '~', f ,b~ ';~!l ~s·t '·-11:· , :rJ~ '." ~1 . ,. . , '¥ '~", , ,.j" "t" ¡;>"ii' ;,',;4 "'j~ "Þ.' ~. t~ '¡¡.r ..,,';'i: :'~: /IJi "";~; ;~, to pa y . Commissioner Kruse stated that she cannot seo the justification for charging new customers for an impðct fee if the plðnt-expanslon Is not noccssary. Commissioner Plstor stDtad th^t he strongly objects to any exception being made to the policy that was established charging impact fees. ......,.-... Commissioner Holland stated thnt he cannot justify separating one p/uticular dovolopment when the County in this area does nothav.",¡:.' .._.,~"._".,~..'~ ~_ ."'''''~'''''''"'''''''''''"''''_~O-'-'''''''_''''''''_''''_"__,____",~,,, 'V" ._ .-bd ..._---_..._"'-,.,._~'*""'._.._._..~"._-"'^-,,,......'........"..,""-'.-,....",.--,~"......, November lS, 19C3 078P£r.! 606 thing to otfer in the way of scrvicas. He noted that when a developer builds their own subdivision and their own plant, they cannot bo :s~~.~ . <i,~ "':"'., '.}.,','.. ';,:{i ~}!r~; ~l-r~ .,~ .,..~._. -.......-. mandated to pay an impact fee. Attorney James Siesky representing Hubschman Associates, stated that the tast Naples Water System plant was sized to serve all the area, adding that the GladoD have 11 condominium developments in its area. H& stated that it was decided to apply for a PUD and it was granted, nt which time tho requirements that are st~ted in the Utl~ity section of the Ordinance were placed upon Hubochman Associates. He noted that the ordinance has three general roquirements that his client is concerned with; one being that the water and sewer lines be dedicated to the County, adding that this is inconsistent with the previous practice in that all the current wator and sewer lines are ,,-~,:~i owned by East Napl es Wa tor Systcm. lie otated that his client is willing to go along with that requirement. He stated that the second concern is that the Ordinance requiros County billing, County maintenance and County customers, adding that East Naples Water Systems and Hubsctwan AHsociates believe that this is a duplication of effort, ,- , " "1 adding that it places an additional layer of County bureaucracy over the East Naples Water System. He stbted that the third concern is the issue of impact fees and proper chðrges. He reported that since there is no impact fee ordinance applicable to this area the County should not t~y to charge impDct fees at this time; however, wait until such an ordinance is,adopted and then negotiations should be conducted with tho East Naples Wator System to determine whether impact feos are proper. He stated that the issue before th~ Board this date is wnether or not "':J '" . .~ . '~,~ ,i) ~ .;" ,,1 "'.... . :.; ~, .' 1~ . ,'j, !ï,;; :'.J , ..",<~ ""'~ ,.:~ :'~ the Winter Park orea should be provided service by East Naples Water System. . . ~.' ____...w Page , . ..' , .," ·;·\·\f.~'i4 ----------------------- ----------------:~ ..;~ ':"~:}.~ -- ......-.-----......--.----- - ----~-_.__-.-. ~-....--_......~;,~ " Novomber 15, 1903 Mr. Jerry o. Cre99, Vice President of Management and Consultnnts, Inc., stðted that he is speak~ng with rogards to ~he impact foe and what it would amount to with regnrds to this Utility. He reported that thero ðre advantages to tho Utility having oom~ investment and charging imp4ct fðes. Tape '2 Mr. Gro99 noted that over 80\ of thu ch4rqus for tho System are for operation, maintenance and depreciation, adding that 20\ of tho charges io duo to the investment. He incJicatl1d th"t faat Naplos Water Systom will be hooking on more customes without increasing the operational cost in the same incremental fashion that is in today's mnrket because there is a cortaln operation41 level that io being dealt with and new customors will 9ive E4st Naples Water Systum an advantage. He atated that thero would be no moro invested in the new customer than there would be in the uxisting customer. He stat&d that if the investment is reduced and the County decides to purchase the Utility, the Utility will end up with a largcr profit In the sale. He stated that the Utility noeds to maintain an investment in the plant and , ,~~ .!i l requests the ~billty to serve the now area. ',' t'~ Thero was general discussion regarding c~sh stream and rnte base regarding the Utility and periodically thore was discussion re9arding the acquisition of the Utility. Tho following peoplu spoke in opposition to the petition citing the facts that an impact fee was charged by U. S. Homes whon their homes were built; the plant was built originally for expansion; the languago of Section XIV could initiate litigation; the damago to the \ " '~.~ -f aOOK ()¡r~P1~tE)()¡r .. 11' ~ __,...1"'0....._><0, " ~.:,,i;<jtt, -~------------------~--~------------~-~~ ; :'~ :e'.' !f :;;. .,.j aD OK 078Þ~':! 608 Novembor 15, 1983 public intereat, and there should not be any exceptions made for this developnentl Col. John aeebe LDkowood Civic Association Collier County Civic Federation ~eQgue of Women Voters ,.'4i" ".. .,,~:~. ,i~ Tape .3 George F. Reller J.A. Rautio There was general discussion regarding requiring impact fees and County Attorney Saunders stated that there is no ordinance that requires the payment of impact fees, adding that the impact fees undor this petition is in concept only. He stated that if a change is not made in this PUD document, the Commission could consider in the future '~ an ordinance which would require the payment of impact fees. He reported that the PUD document, as worded, would permit the County to pass an ordinance in tho future which would apply to this developer as it would apply to all other developers, adding that as the PUD document is written now, it does not require the Utility to charge an impact fee. He noted that it only gives tho County Commission the option to require it in the future, adding that the amendment would eliminate that option. Commissioner Voss ~oved, seconded by Commissioner Kruse and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Vos., that Petiton ZO-83-llC, Bubschman & Associates be denied. Upon call for the question, the ~otion failed 2/3, (Commissioners Holland, Kruse, and Brown opposed). Commissioner Holland moved, seconded by Commissioner Kruse, that Petition ZO-83-llC, Hubschman , As.ociates be approved. Upon call for ~ .' "'><:';'.' :i';~ t ~. 1.,..¥ .1'".,1 "... .J-,~, . >{ " ~, :~{,;~J.. , ~·;~t . ,~~ ~.'~fJ 'f', '~ . :;:~1 '. ~-.Ífi~: . ~'4f '·W~. ......-.-----.-.-.......--.......-.....---.... . tho question, the motion failed 3/2, (Commissioners PIstor and Vo.. opposed). County Attorney Saundors stated that this a change to,a II -..-.- ------_...,.._...-..,'"~"-...,._""'"..",,,.,,,;-",,.,.,.,,."~,......,,..",~",....,..~.",""........-><--,.,.. ".¡'~/If .....--------- '. ..: ~__ rr ------------~ November 15, 1983 document and requireD a 4/Sths vote, thorefore, the moti~n Commissioner Kruse moved, .econðed by Commissioner Voss and carried unanimously, that the legal Staff draw up for public hearin9 ordinance requiring Impact fees. ***** Recess. 10,30 A.M. - Reconvened. 10,40 A.M. ***** Item 14 ORDINANCE 83-51 RE PETITION R-83-4C AND R-83-SC, AVATAR PROPERTIES, INC. REQUESTING REZONING FROM RMF-12 TO PUD FOR PROPERTY BORDERED ON TUE NORTH BY GREEN BLVD. - ADOPTED SUBJECT TO STIPULATION AND AMENDMENT OF THE PUD DOCUMENT Legal notico having been published in the Naples Daily News on October 14, 1903, as evidenced by Affidavit of Publication flIed with tho Clerk, public hearing was oPQned to consider Petitions R-Q3-4C and R-83-SC, Avatar Properties, Inc. requostlng rozoning from RMF-12 to PUD for property bordered on the north by Gruen Blvd., to the south by Greon Canal and 16th PlClce S.W., and extends generally in an east-west diroctlon between Santa Barbara Blvd. and 43rd Lane S.W. and 41st , ~ f. '¡. ':;~ ''"'' ¿~~¥~' ...~,;.~:¡.: ~l..·..,. ,'f; I ~~ . '~~ ~~\ 't¡¡1> "{I' .)., ." , A~j l::t'l+ .,I'~> "'.1((' Street S.W. Plannor Obor stated that thiB property consists of 83.4' ~cres and the petitioner Is requesting Cl rozone in order to build 912 mUlti-family units at ~ density of 10.~ units per acre, with associated recreational facilities. She indicated that Staff and all agencies have recommended approval subject to the stipulations outlined in the Executive SUMmary dated 10/11/8J. Tape 14 , \. Mr. ~~faa Assaad of Agnoll, Assaad, Barber, Brundage & Ghannon, Inc., stated that he has been working on this project for two yoarD and has met wit~..thÐ..Golden Gate Civic A~sociðt1on, adding that they hav....:}, . ",..:' rocommendod approvCll. He noted that all the 8t:ipulat10naar.>lncluded<~;i¡, . t, \ . .. .~. ,:..~!'~;. in the .PUp documont ClS recomtRended by t:itaff and all agoncios. ;';~t~ aOOK 078PAr.t 609 ' ..:·~:;~·:~t . ,pag. 8 ,r1:jjj h , ,~,';' I.:~!:~;}~~ .~----~-~-----~-------~------~-~-----~~~ , ' " , , , ,> .' .~ ~___""",_"_"'_"",":',""",,,_-,,,,,,___,,,#·.,,,_"~,,,,,.'~t;...,~;,.,,,,.,...".,.'""..".".....,..>;"~";..'"""'."" November 15, 1983 '. . .'<I/tih ..- "~~Þ --..-.-;----- --- --.-- - - - -- - -.... .........- -------- --.-....- ...._--:--.:'. " ~. ,:.:.;,.~.~!~ t .;'··....·a-,' .' .. ,....' tOOK 078 rAr,1 610 'f".'''' , < "{"':1' .. ::,~;f"f!'~ . "i"~'!¡1f!';' " . '. '~~ ;~j';t~Iii , "\~ , ,:.¡·_,';~)".~l ',ft,· Commi..ioner Pistor moved, s.conded by Commissioner Voss and carried unanimously, that the pUblic hearing be clo.ed~----· Commissioner Pistor moved, seconded by Commissioner Kruse and carried unanimously, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 17, subject to amendment of the PUD document and that detailed site drainage plans be submitted to the County Engineer for review and no construction permits shall be i.sued unless and until approval of the proposed construction in accordance with tho submitted plans is grantod by the County Engineer. ORDINANCE 83-51 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE ZONING ATLAS MAP NUMBER 49-26-6 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RMF-l2 TO -PUD- PLANNED UNIT DEVELOPMENT FOR PETITION R-83-4C AND R-83-SC, AVATAR PROPERTIES, INC. FOR APPROXIMATELY 83.45 ACRES OF LAND IN GOLDEN GATE, UNIT TWO, PART ONE, COLLIER COUNTY, FLORIDA, AND PROVIDING AN EFFECTIVE DATE. , .';:,~ ·~·,~~·,~t "'~~~ ,,~;;~ J.:r , :.~.:~~ :;t, , ~,'" ,:,,:. 'f,,,' ,-,:-.;~~,. 1,1.,. Ite. '5 RBSOLUTION 83-199 APPROVING AN AGREEMENT WITH AVATAR PROPERTIES, INC. PROVIDING FOR THE TRANSFER OF APPROXIMATELY 1,100 ACRES OF LAND TO COLLIER COUNTY - ADOPTED. Mr. Assaad stated that this is an agreement to approve the l,lOO acres of land to Collier County from Avatar Properties, Inc. Commissioner Pistor stated that there are approximately lOOO one acre lots, adding that this is poor negotiations as there should have been larger areas ,of land dedicated. Comm~ssionor Urown stated thClt he would accept any property after 12 years of trying to settle this matter. Commissioner Kruse stated that the negotiating has gone on yearø with num~rous members of Staff, GAC/Avatar, and the Federal Commission. She indicated that these pi.cas of property are very -- ...-...--......-..-,.---- ~-- ,.~ '.~:\': '~-: ':. < "''':;;;ii,^~~'!~t' ,', , "'. ,,>, !",.,..f....y,~1¡IÎ'Jj>' ............-..........-.....~..;.¡-v ,-" """"I~~ ", .. ., .J·~;"':'->ï:trt;'t~.~fl ----......~------.....--.- .....-------------- Novnmber 15, 1983 pieces and can be used for ranger otations, park , ~ . ." . '. adding that some of these pieces' are 1-1/2 acros and some arQ f1vo . acres. bhe stated that the County has tho' right to swap, tr~do, or" sell this property for tho benefit of the people of Colden Gate t;states. She indicatod that it is the first time in history that any subdivision has had a trust fund, ùdding that this was never legally required by CAC/Avatar and she is thankful for tho donation. Mr. Donnis Getman, Senior Vice Prasldant for AVCltar, stated that back in 1974 thero was language in the agro~ment that provided for this, land, but in 1979 that particular Consent Order WISS deletod and 0 new one was set up, adåing that the new one did not require any dedications of any land to the County by Avatar. He stated that this agroemont is basically a moral agreement ~nd has taken two years to complete. County Attorney Saunders stated that thore is ð minor change on Exhibit "B- which is a 1.13 acre piece of land which has been sold, adding that there will be another approximate one acre substituted for this piece of land. .. " , '. }.... ,4~Ç-· I~ :*: ,> ':\). c' ,'. ¡{ :,\,:, ,t~ t j , >~ ,is ·1; ",~: ;:"r.; ..~ j._!,¡~ r~ \.:;.~ .':'Jì1" ......' Mr. Getman stated that the agreement calls for Avatar and the County to meet together to agree on the particular areas for the second phase of the proper ty to be donatt}d, add 1ng tha t he would liko to have the lClnds in Area '1 and Area '2 donated beforo the end of the yoar. CommissloneL Kruse moved, soconded by Commissioner Holland, that Resolution 83-199 approving an agreement with Avatar properti.s, Inc. providing for the transfer of approximately 1,100 acre. of land in Golden Gate Estate. to Collier County be adopted. Mr. Ceorg~ Keller stated that an association in Golden-Gate askod him to respond to this matter, addin9 that the Ðssociation says there has not been ample hearings on the matter, thvrG Ðre too many sm~ll .~ if " . . . aOOK 078PAGt S11 .,. .~_ ...___....,......''I'u.,.__''·......__·'''''''''''__''''..''"''''..........'''.....·",''''.,"......·..'..._,....,,~"'"",=,·.,"',·_"·."',"',,'O'.,·~·;"'·,,~.~·,<,·"' ·..,....' -', " ;,.~t~i\._ ," ,~¡o~~ .' 078rAt,t612 ~~f';)t· parcel. spread allover, and the Fedoral Bankruptcy frf\.1:ry,: !'~'~:J:_ : t';" ; , .~,. . . Novombar 15, 1983 /, , this land was worthless. Commissioner Kruse stated thÐt each piece of property checked by Staff and tho land is extremely valuable. County Attorney Saunders stated that in this case Avatar eliminating a potential lagal challonge and that is tho consideration among othor things that they are receiving for this contract. Upon call for the question, the motion carried unanimously. :"/.',:;.'<' ;;',. " ~,' . , .. 'I" ......-..--.-...--------- ..:.' :,::;~;~;i;:~if:'!:,i'·./:+?i~·~i.11;t~~~':;!}f; '.' ! /.~,~:~~~;tf¡.;.' (;\\:"\fc~: ;.t.( ""':f~~'~i;...,;:,!,"~~t." t~ .t.''''~.''' ~'.J.~' ).,,,Þ¡~'{,t :>',: :';. ~<¡. '1-. ,~;r~:<'; ~~~~~ ::f,f:'~~':~~:: ~.,,¡ .!., '-'''-'''''''''''''_''_''__~''''''"",;,"''''__''_,4'M','''-''''__~'''''''~-______'.''''_'~'O;''~''''''__''''-',_,"''';I,'-,'''~','''.~~'''''''''' ,~'"''''''''i<''''"i''~''''''";,,,,,,~.,,,',.,(·,þ__'~..~,''''''',,~.· ,. - -'--'-"---...-.--.--~ ------ --.-....----- - ----..... aoo( ~~PA~!f)~ November 15, 1ge3 It.a '6 RESOLUTION 83-200 RB PETITION AV-S3-00S, AVATAR HOLDINGS, INC. VACATING" CERTAIN STREBTS, LOT LINES, DRAINAGE AND UTILITY EASEMENTS IN GOLDEN i:;< GATE CITY - ADOPTED Legal notice having been publishod in the Naples Daily Nows on October 30, 1983, 4nd November 6, 1963, 4S evidenced by Affidavit of PUblication filed with the Clerk, public hoaring was opened to consider Petition AV-83-00Ð, Avðtar Holdings, Inc. vacating certain streotÐ, lot lines, drainage and utility ooaements in Golden Gate City, Unit 2, Part 1, and Golden Gato City Unit 4, Part 1. Mr. WÐfaa Assaad stated that this is a companion petition to the PUD zoning that was grantGd, adding that it has to do with the vacations of certain right-of-wdYs within the boundÐries of the PUD. He stated that this has been done to the satisfaction of the Engineoring Department and 1s recommended for approval. Commissioner Kruse moved, seconded by Commlssion~r Pistor and carried unani~ous1y, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Kruse and carried unanimously, that Resolution 83-200 re Petition AV-83-00S, Avatar Holdings, Inc. vacating certain streets, lot lines, and drainage and utility easements in Golden Gate City be adopted. .<.... - r' .>.~ -j ·\_.-ì·; ,:.'þ~ , ·>...t;~d, J/J,G )~~~)~~~1:\~ì' pag"'125;:~ , ',' '1%~j -.....- ~_.- - - -- - -- - - -.-- - - - - -- -- - - - --- - --- - - -~ --.....~~.- ..y~,.. ,\;.:1: ·f: "\ .- ~ ..'"'Jt:.; , , , -...,.__~_",...,_..._-;.~., _ .".~"~.~-...~,__"_......_",,,,.,,-,,_'~' ........ ~ -'___11,'_ .11 '" . ..,. --------_.._...".....~""";;.....,.....'-''''"'-'".^._..---,.."''.._,......'''--,..'","...,.....,.._.."..~.._. ---- - - -- - - -- - - --- - - - - - - - - - - - - -- -..--- - --- ---~ .~' f~. November is, 1963 "''''/ .f\~'~ ,'j{~ ":,iiS ~H¡~ '..:~ '<r~ ....~~ ¡~~;1 'i;~~ '1 .. 0781Ar.~ 640 It.. 17 ORDINANCE 83-52 RE PETITION ZO-83-12C, WILLIAM R. VINES, REQUESTING AN AMENDMENT TO QUAIL 2 PUD - ADOPTED Legal notice having boen publlohed in the NQples Daily News on October 27, 1983, as evidenced by Affidavit of Publication filed with the Clork, public h~Drin9 was openod to conaidor Petition ZO-C3-l2C, William R. Vines, requesting an amendment to Quail 2 PUD located south of Quail Creok PUD on David C. arown Highway. Planner Ober stateù that this petition ia Ð companion item to MP-83-7C, which is requesting a revision of Quail 2 ;oøter .Pll.ln. She noted that the objective of petition ZO-03-12C is to allow attached single-family structures in the PUD document. She noted that no incroaso in density is proposed and it is recommonded for approval. She indicClted thDt petition MP-83-7C is simply a minor revision. Commissioner Pistor moved, seconded by Commissioner Holland and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Holland and carried unanimously, that the Ordinance as numbered and entitled below be adopted and entered in Ordinance Book No. 17. ',' "',. ," '1 ,J ,'" I ORDINAJotCE 83-52 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, AND ORDINANCE 82-68 QUAIL 2 PLANNED UNIT DEVELOPMENT BY AMENDING THE ZONING ATLAS MAP NUMBER 48-26-4 BY CHANGING THE ZONING CLASSIFICATION or THE HEREIN DESCRIBED REAL PROPERTY PROM PUD TO -PUD- PLANNED UNIT DEVELOPMENT FOR QUAIL 2 LOCATED GOUTH OF QUAIL CREEK, AND PROVIDING AN EPPECTIVE DATE. .,¿i ~;(~ .' ',::"': , ;~ ,~.'~ ,""'to ...;; , '~~'~ ¿~ , ,,::~~~ ~ ,:.'~;' ;~~: :~ Page 13 ...----------------------'-------~7.·~ . I, 'I ',~ ' ...~"'~J~ i·' ~~~ . I. '<.,'~\\,~ It.. '8 PETITION MP-83-7C, WILLIAM R. VINES MASTER PLAN - APPROVED Novemb&1r 15, 19a3 r.' ','f,k~;'!l I',' f ~ ~ ¡,' ::..';1'~· f,:::r:ti~;':;r REQUESTING REVISION or QUAIL 2 "' '~J,;. , . ' ". ',~~, ,..,-: Commissioner PI8tor moved, seconded by Commissioner Holland carried unanimously, that Petition MP-03-7C, William R. Vines, requesting revision of Quail 2 Master Plan be~approved. Ite. '9 PETITION R-83-l9C, AVATAR PROPERTIES, INC. REQUEST Commissioner Kruse moved, seconded by Commissioner Pistor and WITHDRAWN AT PETITIONER'S carried unanimously, that Petition R-03-19C, Avatar properties, Inc. b. withdrawn per petitioner's request. Itea '10 RESOLUTION 83-201 RE PETITION AV-03-027, ED KANT, REQUESTING A VACATION or rIVE VOOT SIDE EASEMENTS AND LOT LINES ON LOTS 1-8, BLOCK A, BAD AXE SUBDIVISION - ADOPTED Legal notice having been publish~d in the Naples Daily News on Octobor 30, nnd November 6, 1983, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition AV-B3-027, Ed Kant, requesting a vacation of fivo foot side easemonts and lot lines on Lots l-O, Block /\, Bad Axe SUbdiv'1sion, so potitioner may build across and up to interior 3i~o lot lines. Public ~vorks Administrator Hartman stClted that Bad Axe Subdivision is on North Tamiami Trail, adding that th~ developer plans to build one large building over 8 lots. Ho said that he is recommending approval. Commissioner Pi8tor moved, soconded by Commissioner Holland and carried 4/0, (Commissioner Kruse out of the room), that the public hearing be closed. Commissioner Holland moved, seconded by Commissioner PIstor and , ~____._W. _0... carried 4/0, (Commis810ner Kruse out' of the room), that Resolution ,": '.,:;,/ . 83-~Ol re Peti tiOR AV-83-027. be edOP~:~' .}~/j¡;~~'¡~~~r . , aOOK 07BPAr,[ 641 ' " ,-.",' '~lr~V.:,: ,t,:;V, page,;':¡ ~~,I.;t... ".;" 1, tI~,(:\~'t~·'.~<'t!./"'t.~~:l~',~t. ,r;;":;1 ~ '~~" ¡ . ¡ .~ ~ ...., ~~. .' .1, r\:' ~: ,~~t,,~;\¡?~' .t~ '~f.:¡r~~t~·"(.l~ ';-:!...~ ~~f'~; I'J'" ",' ,,,, ""', I~/,,' ,';·:~·í~"'I"'''<'''~' . ~~------~~------~----~~~--~~~~~~~~~ " .. , .'. \ .", ~.}\<:;." . ~ . 'w '" ~I ~';.¡.':.:'I, ~ .{', , !~k.~ ~ ~~~ ,¡ ~ ~l"\ I:""~I:" \~ . ¡'jt¡~~"~ '" ~'. t·· .,tf". ~ ,'.')1 -' .>~u\l'¡~~~i"\:P~"~"'\Y"'·}' !'''~~~pr; . ':ti'·.(.. ~ \ ,: ~~ ~~, ~ H¡ , ¡'~ . " : .\.....~'" "'>~":/" t., ~I ~; .~ ~'\; ,":~ ...t~\..· " .. 1." ; (.~ ~ ¡,', ' " ~', '\ " I,! Io.i ':>t..... '''',,,''~~\:.~..~.f'' ~:~.. 'Tt~:~;._I, ~ , . ~ .,_~~,,"g~ J~)~ ,.\.f~:,r. .~",';,;:r~¡..f'1~Z~'~~{::; ~. .'"'..,.",_...., ···"'····.-·.~~_'___""__I._·""'_4..,...·""'t..;_'''_,,...~'''''''''''~,·.,,·;~,.u ""I_..._..."_,_..·..._·,'"~,...""~.'."'-,...·,,..'··'c"M ...."""."_";~'"'.~.-",.,",.~.....,.,..',","'",,...",'..,,..~~,".,',."',......""",,.....'.~,,""',.,~..-,, ,_",. " ,J ':-~I'.i.:~ .' '.,,~ ','-- - - - - - - - -.... -.-. - - - - - - - - - -- -... - -......-..... - -..... -........ --..... - .....'..... -,', ,. ~ ;-.' -; l.\f'!I+").,\iIi ;'i~'\P- ";'-' ,-/.. ~ '.~" ,'?'= ~1~:' ff~~'!' !1rt:'r-- "~... ; t '~T"";"~___""" ;'~ì;~~.,;<{' j !,i}t;;·t" · . ' ;~~tX'~ ~>:<', 1~1:' ?'" Novembor 15, 1983 n It.. 111 RESOLUTION 83-202 R£ PETITION AV-S3-031, RYAN HOMES, INC. REQUESTING VACATION or THE DRAINAGE AND UTILITY EASEMENT RE TRACT 94, UNIT 1" COLDEN OATE ESTATES - ADOPTED Leg.,l notice hðvlng be on published in tho traples Dally News on October 30, 1983, and Novombor G, 1983, as ovidQnced by Affidavit of PUblication f lled wi th the Cl. rk, public hoar ing was oponed to conøldor Potition AV-83-031, Ryan Homos, Inc. roquostinCJ vDcation of the drainage and utility eðÐorncnt on the Qð8torly 20' of tho westerly 30' of tract 94, unit 1, Golden Gatu Estatos to allow an existing home to remain. Public \-;'orks l\C1ministrator Hartman ßtatod that the recommendation is for approval. Community D~velopment ^dminlstrator Vlrta stClted that thero was information missing from the site plan in reference to north/south, directions in tho original plans. Commissioner Pistor moved, seconded by Commissioner Voss and carried 4/0, (Commissioner Kruse out of the room), that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Voss and carried 4/0, (Commissioner Kruse out of the room), that Resolution 83-202 ro petition AV-S3-031, be adopted. BOOK 078r~~£'~J3'~;~t:(i:\:':'kJ':,' " .f..,~'I;< '''.) ,U*1: ?' ~','J~\:;.I J:,. ~ ¡ ,\f!J;'t: '~'1~'~;?\ ", ~,~t~~~Ìl,"" 1~ ' ~~"~1'~"'.;) ',tt..;··$7' t': ·.~~~~~,,,){:rt~}~¡,·~~ ~_. .i' ~..... ~ !.. . '. ':. ':i;(,:'f;/,f;~Lti~k~~\·:':'I/.. ,::< ~,,' , ..".,"'~>"","'." .·,"'.....d".."...··,"''''''''~_;''__,H-..,_*'''',..__......."·.,..,'>''<j'''';¡O'·,,....''''''..,·;_.·,"'~..:_..;...1"'~...·_'<óO'r__"'..........".....l<>\j""',..,.,\_'..,"",... ,-.'-,'-"«''''',a'·'';-'''','h·'''·'' ;'.,"" "..~ - -.- -.-.----.- .-.,....---~- -- - ----- - -.----.......-. -- ---.... -~...._-- ----~,~= . ,~. .,. '..... ~..'. . :: .~:~f~ "'; Wovcmbec 15, 1983 ~ It.. '12 RESOLUTION 83-203 RE PETITION PU-83-2lC, FIRST ASSEMBLY or GOD REQUESTING PROVIS¡ONAL USE -A- or RMF-6 FOR A CHURCH LOCATED ON SRADOWLAWN DRIVE - ADOPTED SUBJECT TO STIPULATIONS , ''-~:::x. Planner Ober stated that this petition is D' request to receivo a .~ . '. J.~';;~ provisional use for the new sanctuary and for the existing churc~which~~ was constructed prior to the provisionCll use requirement. She indicated that ~tðf£ and all ag~ncles recommend approval subject to the following stipulations I 1. The Petitionor submit detailed site drCllnage plans to tho County Engineer for review. No construction pormlts shall be iasued unless and until approval of the proposed construction in accordance with the submitted plans is granted by tho County Engineer. 2. All accosses shall be constructed in accordance with the provisions of Ordinance 82-9l with all others removed. Commissioner Pistor moved, seconded by Commissioner Voss and carried unanimously, that Resolution 83-203 re Petition PU-83-21C, be adopted subject to the aforementioned stipulations. ~ ".. L:,;~( '. ::-'rí~ I~,;~' t.,'i', , '~. 'Îl "~1< 'I~Wt ':4':( ~flj, '.. '~~ 'I' ~~ , I' !.;.:. "tI' '," . '.' ,·'."·"I¡~'··· . $;. ,l . "I' , , . .-....- -- -.._.- . .', ¡. ':~~'.Il .~,\~:. ~. ~.. ,,'_. '.. - ,;,.:,.::',:, :". ",~,'j, ~ f- " _I." <~_ ,~;~i-!ll;;,:~:~{~:'~JJ' ,;;;~ '," to "'i/í:~.:· ',' -:~'~k;J~;;;;i..':r.,f.f¿l';"~:' '.. ¡.;.~' ,;ï:fl~" ~:i f;~~':':¡~'~,;~l-~' ,,:,~, 11"18 645' . , ::'ì;'f:'(~:'''''':~~'1: 1'~> BOOC UI¡ "sr,' . '. ;,':, ",'",':':,' '¡?,~." , ' ',.^ r ',,: '''n '16 """"~'t' . ". " 'd"'" . . ",,'. ,"'~'ra«i.' {;j!"'~'~'.. .~.,' ~J~', . :::.1' '<I);~qt~~f,1:·...t:t-.I:I':' I ,":'~' l":..}"~,<'):.}J~f"V: ..Jí~" ",....: ':': . '" ';d,..'::.::.'<~:',~,:. " " ,,\:>;:;::·f~.~~~·/:tr;'>~'!'ili . .~~ - - - - - - -'-- - - - - - - - - --- - --........... -,.................. .... - .................~...... ~.....~.....~~ <'..F:~' , ,'. ' , :::"f;:::;;,:¡,;¡>,:,.;":;:¥f<,;,,¥'·;..,:~;.{~Þr~~ -~:';'.'i:.., ','~'. ,';'.-,;~!~,~~;;~,·,~,:.!.:,'--?1~", ì~,I~:?~:;:~·,(.;::i ,;,~. ~...,;, .'\~N'~:;;J.~t.':....~. ~...)\\ ¡"~"f';. :#J1{\.;.~~¡"~ " .~.I'~·"." , ~ ;. '·~~~C:~\::"¡I~~~~:,;:_~,.,~,~4~,~~·~~~r:(':/I·.<~'-;;;'¿~F:m~~1~ ~~~fo:- ,.-, ~:.: ,,-,;,,,,,~~,:,~.-....,, ,:,<,_.~_ .';:"1..:.>.,"... "."~...,,"~''"''''';,,_'''«....''''''..,=-_'"..'''''_,..,.,_''''~_.'''..._...,____...._.."_~_..._'..._..~,_"'''_~._I_~'_........'"'''',·,,,.,'_.......,''-'..._.~....."..."....",...,.".".."...,_"'...~·......"_."'."',,.;~,""_,........'·~n' Novembor 15, 1983 .. -- - - --- - - --- - - - - -- - - -..... - - - - - - - --- -- --......----.~ .~....-..- --.... - _ _ _.-..- -. -....:b. ';it /\'.~f-. lit; _\~;, '":,,,\, ~ ;/;:,~-'-;:\~ -' . 'd "~ ~"-: ,Ite.'13 STArr AUTHORIZED TO PROCEED WITH TERMINATION PROCEEDINGS AGAINST ImRRY, C. PARTRIDGE, JR. , SONS, INC. (RE JUSTICE CENTER) Public Safety Administrator Dorrill statod that lost ^uguot a ~atter was brought to the Board's attontion that the prime contractor for the structure and shell element of the new jail; Boren, Craig, , Schrock, was exporiencing problems as a result of having to work around 8 lack of socurity stoel materials. He stated that this was due to ;" , ".~. ,,:~, ¡,. "« -~" , '~"";';' . ';.\'. ¡':,Ii ,', 1.': · ',~'"" · ",'"',j material dellverios from tho security contractor, Harry Partridge, Jr. , Sons, a New ïork firm. He said that this is a significant contr~ct for tho Justice Center, adding that it Is around 2.25 million dollars and is a,critical element to the jðl1 and the security of tho jail as well as being a critical path of tho jail. Ho indicated that the ., '.~ ,....,. Y', Construct.ion Manager hdS taken more than nucess8ry steps to koop these contractors on path and to insure that the materials were here so that it would not impede the progress of other contractors. Ho reported that, aleo in August, it was indicðted that ßorCln, Craig, & Schreck was deserving of an extension to their contract for which Partridge, Sons would be hold solaly accountable. He notod that Partridge & Sons is one of the largQst security contractors in the country, adding that their reputation has always been excellent. He roported that thoy hðVO over 40 projects underway at this time adding that, however, this does not halp Colli~r County's situation and it has boen demanded that this ',:1-1 ~j ":'l: , ;':'''~ . . -~<¡ ,I). j!.:,~ :, ~i~f~ ..'IfÌ'. ~)~ . ',.fi.l\ .,. ~;.t; -t4i. , '~ · ~~}~ :~ ....~,~, .,,'.:,,.,:~"'" :~ .'.'-~ ~' " ."'~ ,.:, ~ ;,.~ :~~:I II;" .~ ,.! I· " ~t. :,& Ii>::" project receivo the attention that it neods to have, in order for the County to maintain Its fast track process. Ue said that he asked the Construction Manager for a brief synopsis to the extent of tho problema which he would like ontered into the record. He stated that tho, . fOllowing various steel socurity items, critical to the conatruction vath at the jail were due hero to bo stored on-site and tj>~ . ",' .~:.':. .t lOOK 078 ra~1 651 , , <,-o;,_._."._.__".,.__,_«t.__..._'.....~...."'...',..""",..__.....__.""_,_.......,_~.~,;"..,."~.___~._~~~~~,_,,,..'..",.,','",,"'^' ... IIJ .-. r ...... -- ..... November 15, 1983. installation in July. Ho reportod that as of this date~ this Is .' current situation; 23 out of 48 Btåinless steel hollow currently on-site, only 159 socurity window frames out of 649; 300 hollow metal security door frames out of a total of 630, currently none of the 187 security frames for skylights and none of the 157 security frames for the mechanical exhaust fan openings within the various housing modules of the jail. He stateð that all of these materials should have been on-site at the end of July. Ho notod that with the holp of local contrðctors, work has been accomplished with~ut these materials on-site. He stated that his relationship with the contractor has deterioratod and the Construction Manager has indicated that default procoodings should be initiated. He said that Partridgo , Sons have agreed to send their president of their primary supplier to a meeting on Thursday, adding that they know it is being presenteð to the BCC this date. , ":"'·:'·~'::¡I¡"·,'.'~,~·,'~·§'. :,~.~~ . .'.- ~ , -<;~ ~ ?, ~, "t , '. t,,!' ~~ Tape IS Mr. Oorrill stated that he is recommending that Staff be authorized to issue Partridge & Sons, their 10 day default letter under the terms of the contract pending the results of tho emergency meeting on Thursday. He reported that as a result of Thursday's meeting, he would bring a list of options back to the acc if Partridge' Sons were found in default. 1'1 Mr. Daryl Bailes Indicated that if Partridge' Sons is found In default, he would have to talk with the bonding company to determine the best way to handle the matter, adding that he will probClbly go into a rebid process 8gain. Commissioner Voss indicated that during the meeting,' i£ , .... satisfaction Is received, the County could put a full " ,', ;'Page,18,i,r' ',' , ',' ." ' " . .,.., '. .', ..' ,'~'.'. :¡",':":',;;'^~~~t~,;~·;-:!,~:;:;,f.:~:; ..........---..--. -.--. ----- - - -.... - --...... ---..... -................ ......-...................................._~.............._......' ...", " "·;':':'~'::,r'C\;:'~~:':'~'Ž,>;r~¡;. __.._..,~._"""","""""..._,,,,,..,,,,,,,,....,,"...., ; "~,;,·,,,,,,,,'''''uw~'.'''''~'''i<~'''''·"'''"''''.''~.'''·'''''"'~'.~"'''~'".,." ·,·...1' .~ - - - - - - - - - - - -.... - --- -..... - - -.... - - - -- -- -- - -- - _.- -.... - ---....-- :'~:t~" November lS, 1~83 their plant to be sure that the mnteriol 18 being made aod possibly:;. :,-: ~¡~\,;;...;~;~.i((·fiÞ,)'· ';/~r~ Partridge, Sons would pny for it. Ue stated that if this contract" , , to be rœbld, th9 complote project will be 2:let bock by at least GO d~;'¡~ r" ,~. " County Attorney ~aunders Indicated that the County is certainlÝ:&~t' within tho confine. of the contract and If the County d.clde. to flndþ~ Partridge & Sons in dofllul t, they are entitled to do so under the ,,¡(~ contrac t. '.<\' ."...., . ,,,",,,, ";" Mr. Bailes indicðted that there are 4 items within the Executive Summary that are trying to be resolved and, in the meantime, he is hOlding $250,000 of their monoy. There was general discussion regarding holding a workshop pertaining to the Justice Center and Building "F" roof, to which it is was the general consensus that a workshop was not necessary. Mr. Dorrill indicated that he would be bringing Ðnothor quartorly report before the BCC the last of this month or the first week In Decomber on tho entire project to this point. Commissioner Holland questioned if Ueery' s contract inåicated that"' they wore hired for coordinating the work or management, to which Mr. Bailes stated that the contract indicates administration of contracts with coordination of systems. County Attorney Saunders st~ted that a workshop would not "1 necessarily bo beneficial in the event that a lawsuit is filed, adding;.~ ,{~ t~ ··~~~~t . lie;} ':::..~ .;~~, thnt he knows to receivo information and performanc~, adding that there:f,~ ~" "'... :::¡~ ~'f£" that the loss said, the better, from an Attorney/Client standpoint. Mr. Bailes stated that he has exhausted all professional means is no other option but pursuit of default. ..<.._....... . Mr. Corrlll stated that he would l1ke to be able to attend this', .:~:~.~ meeting Indicatin<) that the BCC has given him authority to provide,' .~. '. . ,:"~:'5);~f{{' "ooK,,078par.t.653 ..';'./\;.';;Pá'ge19 , ",>·,~1:;>.:,:,;" ' .,,<:};:.:I;~,IT .:':-\C';;-'.': . !(~~'~~\, ---- -,-,---:-:-- - -- -: -',-',~--c~::;;:-1~¡~,~;;~~t.;:;+JiW f '\: , ,I _. . .... ..~ .,~"" . 078r~~.! 654 Novomber l~, 19B3 Partridge & Sons with their lO day default letter, find them of their contract, and immediately contact thoir bonding agent, bring back a list of options to the SCC. Comml.sioner Vo.. moved, .econded by Commissioner pistor and ,._ø___. carried unanimously, that the Board authorize the staff to proceed termination proceeding_ against Harry C. partridge, Jr. and Sons, Inc. as outlined In the Construction Manager's letter of November 9, 1983, and that the $191,911 check will be held pending either a solution or cancellation, at which time it will be returned to the Justice Center Fund. Commissioner lIolllJnd quostioned if he could be provided wi th aU the correspondence in regards to tho problemD of the roof on Building .'., to which Mr. Dorrill replied affirmatively, and Mr. Bailes indicated that ho would copy all correspondence as it relates to the roof and furnish a copy to the BOÐrd membors by Wednesday morning. Itea '14 CONCESSIONAIRE'S AGREEMENT BETWEEN COUNTY AND CAN-AMERICAN SEAGATE CORPORATION FOR DEVELOPMENT/OPERATION OF CLAM PASS PARK - APPROVED County Attorney Saunders stated that he distributed a draft tho previous day for the proposed beach access facilities aqreement, adding that since then there have been numerous changes. He referred to Draft 16 indicating each new change that has been made. The following people spoke in favor of the agreement but citing concerns regarding the boardwCllk and tho construction of it and the necossity of a Program Manaqer to expedite permits: George Keller DllVld i5ennett Collier County Civic Federation Park Shoru Association Tape '6 Gilbert We 11 Hi ke ZewCllk North Naples Civic Association " .. Commissioner Kruse moved, seconded by Commissioner II. _."",.,.~","",.",,,;#___,,,,,.__,,,,_,_,,,,_,,,,,,,,",,.~_.;_r·,,"" ,...... ''''^'~...'..',._'..~,.'".,-,,- "---,. ...... ....... .....,........'""·--...,.........................,...~tJ~~ n ~........_""____~~" ,..~, ~;', ...~....~~. . ;, ~~, ,,' ~.t,~"~,~;~í~ . .---.....--------.....-------....-----------..............-----........ .' t I':¡'~ }¡é>!Ò~\:~,~··~¿;r~<~.~~:.¡',.:' ,-, "~, )Jovember 15, 1983:¡·~4-:,,"';;;" n ,~~ü,·:,·. ~ ':;:\ ;:·¥'~:1l·:3 , , ' 1";""'~;'I". , '''''' ~:.'~~.~:..~,.~ " " ):;'t~.rrl.d unanimously, ,', ...." . and Can-American that the , , Concessionaire'. Agreement".. ,'( .;'?.!;\,:" ~¡:~ ,:~;~,:(.:, \;':~i(n~':~ developmen t/opera t ion ~(öf:~;C1' . ';< ", '. ' \'~~-j~~~~,~:~~)\ Seagate Corporation for Pas. Park be approved. '. aODe ,.' . -,' -." :""'''¡ d <'S' '..,' I '. '\{~""'~"i...,;--,.\:J1.,,·ù·rl_~):"l,~' . " ·":/:.:~':';{~"':~·i ',if,."., ~;..' ,.:~ 'd')~:/;i~~'ì,' 1·l.\~:. .', ~...:...-~-- --..;.....:. -..,;.....;.. ^ , ,',.,: ", ", . , .,~" ' ~ / "'t,}'r ,"': tÞ :"t .' ~.,.,. ¡-':-!1w.~" 1 : ' 'J:'::~: t, ':'I" \ .... ~ ,.< ,; <} ¡Ot - ''Í,. '. ....------------------------------........------......-..... . . . ,. "',W' ~ ..... ..~:.;\~ ~:' ~·\it. ------.....-........."-'-~ --- Novembor 15, 1983 . . . R.c.... 11159 A.M. - Reconvened at at which time Deputy Clerk Kenyon was Deputy Clerk Skinner. . 1.45 P"M. replaced %tea 115 STAFF DIRECTED TO AMEND ZONING ORDINANCE RE TEMPORARY STORAGE OF VEHICLES AT AUTOMOBILE SERVICE STATIONS Community Development ^dmlnistrator Virta said ~his is a roq~est for clarification of storage vehicles at automobile cervice stations. He said that a number of service station operators who operato towing services have questioned why the County will not allow them to store the vehicles they pick up from Cln accident scene or remove at County request for various reasons at the site of their service station operation. He explaintid that Staff historically have maintained tho position that anybody operating a towing sorvice should havo a storage yard in an Industrial District whether there is a service station in conjunction with the towin~ operation or not. He said that, currently, the vehicles thClt are being repaired Clre allowed to be stored on premises. He said Staff is of the opinion that if wimpoundment yards. > i~J ':I'!,.' ~~, ,~~~ f"-' ·'<"f V; :"~ì Î/; ¡W;;i aro allow~d at every service station that has a towing servi~e a less than desirable situation in the community could result. He said that the Industrial District in the Zoning Ordinanco does provide, as provisional use, Clutomobile wrecking or storage yards and he added that, based on that lan9ua~e Staff feols that is the typa of district In which such a facility should be located. He asked for BCC concur- rence in Staff's Interpretation of the Ordindnce in that regard. CommlÐsion~r Kruse expressed her concern that strict interpreta- tion could result in the layering of costs to the County and/or the general publlc-,through increased towing charges. She said that she would not have a problem, if the BCC determines that these automobil.. >~" "J '~."; ,;t~' " ^ . ::~ ž~" ". ~.". . :. .'~-. ,- .,., ':;~~: '~~ "JIi" ;,.~~ .\;\f'"., :r ) .~~' I ;:'f\ 't~ could be hold at a service station for a whilo, that a G foot hIgh 101)( 078rar;t 675 . ",;:' Page 22 ....' , . " ',¡~!I ------,--------------------------~-_.-_---~. ".J~!t ~ . '. '~." Uovember 15, 1~B3 , , 078!'1r;t 676 opaque fence be required to screen the area. , I j.~ ~. :.~ " i:\' . Mr. Virta pointed ou~ that towing services that do not operate in conjunction with 9aragos' . ,-~.__.._. . havo to have an impoundment yard in the Industrial District. He said that cara being repaired are allowod to be stored on premiso, cur- rently. County Manager Norman said that the Shoriff, Florida Highway Patrol and the County operate from an approved list of towing services that meet all requirements and these businesses are prepared to handle the paperwork, obligations and responsibilities that go with storing somebody elses property, which also involves security. He said it would not be desirable to turn that operation over to anybody that has a towing service. Commissioner Pistor said if a car is totaled in ~n accident, tho towin9 company should tow it to one of the industrial storage yards and it should not be allowed to be left in back of a service station. Rosponding to Commissioner Holland, Deputy Chief Barnott sa id that the Sher iff's Depar tment opcrates off three rota- tional lists, one for traffic accidents administrated by the Highway Patrol, ono for abandoned vehicles administrated by the County and a third list for the Shcriff's vehicles if there is a breakdown. He stressed the need for security for the vehicles that are towed since the County is responsible for the property and the Sheriff's Department prefers to have the vehicles in a locked yard. Mr. Virta said that one requirement to be placed on the rotation list is that a towing service Is responsible for providin9 a locked yard and carries the necessary Insurance. Mr. Tom Grogan, represented Roy Brawner, ownur of. Brawners Automotive Service Station, 10~ðted approximately 1/4 mile north of ,Golden Gate Boulevard on S. R. 951. He said that Mr. Brawner Is " located In a ·C-4- zoned area and Is allowed to do "'.' 'I ,'t,' !i.,' .,¡ " .:~; . -----...-.......-------------- _ _... n ....!I._ò___,_·~"""""_,..,..'_"'_.u.·,"'··".·."".· "<w.,.,~,,,.,_,,·; "...,.~, "'" L~~ v .' ~~.. " " '~' :~: ~\ 'J; " ,~/~1 . .' 4·. , .,,,i>~ ''''''~~ I '_'i'~>! ,'~~~'; ""~' ':"""'i ::»~í~.' '~ ..?: ";...: , .:, :'i.'- ",; ,.,¡, , t.~ ____.-.-..........-.. J .---- --- ....................-.-- ..........---.--..... ",,!,,~!~: ~¡;:~.''''~~','';;~Q,'~'':''/ .. -, ;; :,>',.~;,;:~~~,,~l::;!~·, ~:¡' ~ :;.:;';~!');::.":;: · November 15, 1983 ", """.<',: :1"'~' ':~~':'/:~/:,i:,{".;~~~~, , He said thlt~ Mt;',:'Bì:'ÂWn8 ' . ,/..,:,\~, ~;'''·~·!l~~~, t 1. on tho approved wreckor list, has the necossary insurance and has';4n} , " ,~,~~,~ '~f ':-.:t~4:~" impound lot in North Nilples, which is in the Pi no Ridge Industrla(~";:f~ , 'i!..{'Jlf/~¡':: ~'i.{;,";(i:":J: area. lie said that tho mðjority of Mr. Brawner's towing work ls' n~~'~>~ " , automobllos and to operate a towing service. necossarily involved in DUI cases or when thore is an ever, h. Is called on a reqular basis co tow vehicles to his facility. Ho said that the problem arises whon he is called vehicles for repairs and if he wero required to tow thø vehicles to repair facility that has a "C-5" or "IL", Industrial Light or "1", Industrial zoning that would be a doubling of the cost to the He asked that Mr. Brawner be allowed to provide a service to the community by tomporarily holding tho DUX vehicles, for instance, on hiø premises as well as vehicles that are not badly damaged. He said th~t Mr. ßrawner already has Cl 6 foot high opaque foncs around the area where he would like to be able to temporarily storo the vehicles. He said in the caso of a wrecked vehiclo, Mr. Brawner would like to be Clblo to hold the vehicle for a tomporary timo period so that the owner can provido for alternðtive repair of tho vehicle or havo the vehicle towed to a third facUity. He said thÐt often Mr. Brawner has to ""ait for an insurance company to tell him what to do with a vohicle. Tape 17 "'.,'1. ';'1: ,.:,:¡, ''\ Î ""ì>'~' ',;-: j,,' '~ '-/, "Ì'< "!i.,,~ ...~ ,~ J~1 ,.:t.., , "'{r~ '~'~~ ,:~ ":~ Mr. Gro~an said he is not asking for the pormanent right to store towod vehicles on premises, even though thore is no wording in the Zoning OrdinancQ prohibiting this. ^ discusøion followed during which the Commissioners ~9reed that in some instan~es a repair may take one to threo weeks. County Attornoy Saunders said that an amendment to the ordlnanco would roquirv the advertisement of a pUblic hearing and Mr. Virta said that thoro would' Cllso noed to bo a hearing beforo (', ,'. lOOK 078PAGt 677 ij IU__"..._;_..,......'t'...._'__·__...._...-,""'··..'''"''"'..........,''·''" ,,,....."',... "'.'""'..._".ü"'....,'...',,..,..'~.'",,._.,~>', ";.·t~J~; ·:~l;:~ " --- --- _.- -.- -- - - - - - - -- - - -- -.---- ....-- --- ----:-i.(~ t' t... '~J~ . .. ,;:£~~ . ".. "rI .~ ,Ii "tj: and the lAPC. Commissioner Kruse sa id that the amendment would be the ,:.:t-;¡ ':i/\~' 078"a~.! 67B . November 15, 1983 requirement of a 6 foot fence and that there is an interpretation situation. Mr. Norman said that one of the issues to be addressed in which zoning classiflcCltions the storago areas should He said that abandoned vehicles present anothÐr problem. Mr. Roy Brawner said that a wr~cked car has to be kept until the insurance investigator checks the vehicle and decides what to do with the vehicle. Ho said there is Ð state law that roquires an abandoned car be kept for 4S days, and that he koeps those vehicles ~n his impound lot. Mr. Vlrta suggested that Staff be directed to bring back to the ßCC a proposed amendment to tho Zoning Ordinance through tho normal process. ",'1 1, " " Commissioner Kruse moved, seconded by Commissioner Voss and carried unanimously, that Staff be directed to amend the Zoning Ordinance to allow temporary storage of vehicles at automobile service stations and, in the meantime, that service station operators and towing services be allowed to continue to operate until the ordinance is acted upon. Item '16 CCPA DESIGNATED AS FORUM TO RECEIVE PUBLIC INPUT ON THE COUNTY'S APPLICATION(S) FOR SMALL CITIES CDBG PROGRAM Commissioner Kruse moved, seconded by Commissioner Holland and carried unanimously, that the CCPA be desi9nated as the forum to receive public Input on thd County's appllcatlon(s) for Small Citie. Community Development Block Grant Program as required by the Stat. of rlorida and that the CCPA be authorized to hold two public , solicit this public input. ,'. .' '~,1 " .. -, . . "I,..".' .. '....-"'..,, , '!:;,;,~r4',:;\,;::iii~\:~p', ," '~""'.".d,·""_",.~__"_,,,,",,_·-"'''''__I___f~'·:~'',",;'4-~,_''I'''"''.'·~''''_,òII;..__,p._·'_·"'''itIIl","",_.",_"U;_'''_''','~''''L''''''·'.·'''"''''''~',,,,",,,,..,,,,'''''~'''AA''"'_·''''"'_~~~' .-...-_---~---- ,. ¿ L.4cL_. -..-......_ ~'·9··'" ~~~\. ):r,;k"~; > ,,1'.../·1~> :,z;:J,.;,',.~;".· It.. '17 '" ,:,' "'.' ~".,',';;:...~,,~ " ....:J(' 1"", .. ) ,.' " . "0;' '. . ,~"I,,~, :,/..~,..' ~ . .' 1"" ' }t 'I ;~w:. .~~'t;ð·::.·;~'--'·-; ,. .c_ ' , . ~ ',_" ,¡">" :":';:!\{:fI~#/k,,- 'i'1iii;¡~~' "CARNIVAL PERMIT 8 3-5 R£ PETITION C-83-SC, , OUR 'tADY or, CUADAt p ~, ~~t,;\ CATHOLIC CHURCH FROM 11 23-27 83 - APPROVED - SURE:TY BOND-'WAI~E:D""':"",. -:i~~~~"~.'. \.,' '".,:;..,.>,....¡..\'._~..'.i~~~~~~1.t1;;.~f \~;" Commissioner Pistor moved, secondecS by Commissioner Krus.l;;and-,/:, \ff/"i;,::' ,:\9';~~N":-;' ~7'- . carried unanlmoualy, that Carnival Parmlt 83-5 regarding P!tll¡IOif':'f,).~.;~,; 'b,·" C-83-SC, OUr Lady of Guadalupe Catholic Church, for a carnival frQII,: ,':: ' , . ',',t.., November 23 through 27, 1983, be approvod with a waiver of the $2,SOO:;4~~, ) '.':',. "7:<.,",.' ',Novomber 15, '(, surety bond. .-.~_..,_.,.-. ,-~~ q, ....\. ''''. ~J. '""__...,..'",.-",,....."......_,~....,,""". ,"'·~""'~·..'4_.....,·' ''''',.,~"..........''',.....~'''u..'"",.~.'''''''"_...-;"._~~..,_.....;~'.,.'""''...,<> '...._,~"'.""Q',_,.~, "' '"~''' ~',- ':'-4:,'-~~:\~ ~~~~-~~-~~--------~~----------~-~~-~~~~ 7" '" . ,. , '. 'M~Y~~'r H, J~.~~. ,"'"~\1lt~~?~'1~ J~~ m ,.'}i)!;;t~f;1ii~~:i:~~ ',' ,,~>i',¡ .":, '.' p~p '686, ,USED CRANE - DEFERRED 'OR C9~t.~E,R ,~()U~:r1 '!,£.~.~~h .~~~!ge..t,:':;}i '.~:<"UTHORl'1'Y AC'1'10N ' " " '" ,,1" . ,:io, ,_,a_"..."... r·" . , ,,~ .'.~.... "".~..~.....~..._._............._........ :'~: ,Public Works Administrator Hartman said that thi~ ~~ ,. ,e,9-~~,~~ ~§F;' approval of awardin9 a bid for Ð used crane to be use~ R~ ~~~' ·Cypress" . He said, how~ver, since Ðn Author! ty is tc? ,be ,~~e,i1,~ø,~ ;f,o[. supervising the "Cyproos" he recommended that this item b~ deferred ~9'f roview by that ~roup. Commissioner HollClnd moved, seconded by Commissioner Kruse and carried unanimously, that awarding of Bid '606 be deferred for ~ol~~e~ County Vessel ·Cypress· Authority actIon. Item f19 SID .692 FOR LITTER CLEANUP AND ENFORCEMENT - AWARDED TO NAPLES RECYCLING RESOURCES, INC., Le9a1 notice having been pUbliDhed in tho Naples Daily Nows on October 13, 1983, as evid~nced by Affiduvit of Publication fll~d with the Clurk, bids were received for Bid '692, for Litter Cleanup and ~f 'N " '~t , .<c0 Enforcemont, until 2:30 P.M., Novcmber 2, 1983. ;,~ ;j~ ,~~ "~ >~;}r~ '¡;~1 .¡·,:.~ì ,;",.~\,r'fl,' \f.· , "1 (, ./J'\ ·t." '"., ',~," ; '~~H. \¡~I Public \',orka Admini~trc1tor Hartman said that Stalf lookod at the alttlrnative ,of contr.:lcting for litter cleanup and C!nforcement program instedd of taking bids on ð machine thClt tho County \~ou1d leEIHe to c1ccomplish the necessary work. Responding to Commissioner ,Rruse, Mr,. Hartman s.iid that the County charges $9.00 a ton at tho landfill .to , , '" ... ,) dump litter. County Manager Norman said that most material ,tha,t ,corn~s .', J ." I.'_..:¡' to ,the landfill is compressed é!nd this ,lnc!\terial .is going ,to::>opickod . 1, .,~ . , '. ' I. I ',,; ¡ . '.~ ¡ ~p ~y 100~e measure Clnd that the cubicyar,d n:'el1sure"l~':\,~ Ji,~ .rn~,r,~ :reprQsentl1tlvQ of the cost. Commissioner Holli.lnd ~~,ld .1le~.1,~ Ir;t\.~': f!/!t ¡~~It!f,~r,table ,wi th the sprec1d ,l~ ,prices between the ,t,~ ¡~l,~!!: t,~}f.~I,,!~; ~~-~~~ ~~,~,ll~w~~ro~~,rding ,the P()~.~À1,~;i,~:ilt¡y;~"f r.!~W,c¡i:~1 \t?~'!:~=~~=!!c~~l:~~¿:: ,.... . . I, "Of .'1,"" aOQK UJ§r.Ar.~! '. , .' '. ".,;,,' . r>l.'\> , "",,¡:t~,f,/;;,,: ., '",,:' '. '...}:/r\ ' ':,:O(~:;:'r:&.~~~;fll~N'" :<'.'~'~.;" :'_d"" .~, . ~ ',1"";."":,-";.:' .<-,,,~.~~~..._~""';I<"".~-'" :,1:,'"", '~,~,'.o::~ . --...... v---_.....-..............~_~____.....___. ......~ - ......-.....- ." ~~... ~ .--....- ..''''~ .-- -... ..... ,.-................'''-,.-.., -~. ...-... -~ , ""'"'_'_..._.._.._......" ...v .."...___..,..."""'..co;_"...__'.,.,...._.._,_.",...~,."..','..."..._"",_.",.,-;.",..~,._"~....".,,,..."'.,.,.... ....---- -- _.- -- -....- - - ..... --.... - - --- -~ -......... --------- ji;'~.-~7 November is, 1903 aOOK 078 p~r.! 6B2 prevent future dumping and Commissioner Holland requested clÐriflcÐ- tion. Mr. Hartman said that Staff.lntonds to use this only in cases of abused lot. or location and addod ho had a llot of approxlmotuly 15 such locations. He said that Staf! will talk with tho ownors to seo if they will agreo to oither post or fenco their property aftar it is cleaned up and thClt tho property ownors will bo asked to participate in the cleaning up of the debris. Commissioner Holland said it would bo Impossible to fenco the ð::~~'S whure entrances to houses aro involved. Commissioner Kruse asked, when ~he bids went out, if there wos Ð specification th~t the bidclUr \oiould be required to pay the normal dumping fee at the landfill to which Mr. Hartman responded a f fir mÐ t 1 vel y . Commissioner Kruse moved, seconded by Commissioner Pistor and carried unanimously, that Bid '692 for Litter Cleanup and Enforcement be awarded to Naples Recycling Resources, Inc., 5801 Yahl Street, Naple., Florida, in the amount of $4.40 per cubic yard, based on work actually performed, as recommended by the Purchasing Director to be the lowest responsible bid In the best interest of the County, and that the Chairman be authorized to sign and the Clerk to attest the resulting agreement. County ~nager Norman said he would feel better if there was a written policy that would cover the various kinds of circumstances that are Involved in this situation and that each property is going to have to be treated individually. Ho said one isaue is the property owner who Is tho recipient of the trash through no fault of his own. He said that person may be encourage~ to fence off the property if the County were to participate with him in the initial cleanup. <}~ . ,'. rb"M<';;'·' ¡,'liFl·,,· ,~.~.....----, " ,:i-\ ¡J*'r't~:;;'~ ~rf'" ' ~<:.~. I'" ~~~~---~~~~-~-~-~~~~_.~~'-~~~~ ,c ."",, ..,"'.."."',"".,"'"".""'."'.....,..._""'~,>.<_"''"''''-. '. ''¡' -c:r __"..,;"_,_"",_,.,,,,._~~_ "";"..,,,,,,,,;,,,,,,,'''¡,'~H''''''"~''''''''·'''''_' "'~;''''-'.""_",,,,,,,,.,...~_,....."..,-,,,......<;.,~ ."'."~ .,',." .. ,,' ',~',::,:;;' '" ...,'" ?, "¡'" ~~r' '/~ .. ,;1? .~, 'r,~? ',,~, .~~~. "' ~;: ,''.¡,.; ':~~t~1 ',,'.:{'1: '.i!fti' . '~~~~ ¥;" dfi :;Xfi \~ ;~ t.'",)o,,, "~ 'i'i ï ,~ ¡, ,It ---------------------------------------.~. I"i November ,15, 1983 . . .... ~¡';' '.' ... 'rape 18 It.. ~20 i\. t·" RESOLUTION 83-204 RESCINDING RES. 83-141 RE POLICIES AND PROCEDURBS"rOR VACATING PLATS, EASEMBNTS, ROAD RIGHTS-Or-WAY, AND/OR ALLEYWAYS ,-', .:¡,~ ADOPTED, ..-........-.. - ...... ,".~ .~ : ~·f~:~<;,I~.~.. Commissioner Plstor moved, seconded by Commissioner. Krule,' that:·,;' . . Resolution e3-204 rescinding Resolution 83-l4l re Policies and Procedures for vacating plats, easoments, road rights-of-way, and/or alleyways be adopted. Respond in<J to Commi ssioner HollÐnd, Public Wo rks 1\dministrator Hartman s~id that thiø action will return this subject to the Public '''orks Departmont from the Communi ty Development DepÐrtmont wi th more written policy on the matter. Upon call for the question, the motion carried unanimously. ,·;.'.'t> ",.'" ,¡.. .... ..~'/:' d~ ' ""'. ':\~}i¡r aODK 078, p.,..t 683 . ',; ~. pð\le "29:ti . !",. . ,I ... .¡~^ 'Ii . ¥ .. ' ...~: 'Ii;>M ,).. ¡""" . ,j.1f('; if ,t ""'~'!I~~ ....."¡ " .:R ~ l' I ~. '~7 ' f I·~~~f .''':'i/;'"(~,. _t ., ,r ~; þ'" ~:\' .\' ,~:" #''':'1:¡~' -:;;:;-~~-: -- -- -- -7~.;~W~~,Ú;.~';i~~,'~; 'j:~4.,',":.,ü'77;=~~~-.~~~- , ..:.....}l:j "'\,"\ .' :,~f1í~~'''...\Jf''''''';,:....,.,.,~filft<:t....:'>'.,.hJ'~,I\{:~r,''~;' ,.., .,' \., , .' ¡,.A':::, ""1":,~~5· ';~':;/~~':¡~V,;~~lJ.:~,;t;V~~~:i~~:t~~::+:~~~;':::;i.:">:,~ '"." , ".~"'_"'~..."....,·"'~"""',.._"___"~,,,··_~·,'".__"'""~"'...__'I¡¡¡'~__,....,'"__II"......._...,u..........",',_'..~M"".,..·~.io.""·.'....;,._, ,""'.., ,.."'''''~",",",._,;...,,._.,'........_ ~ovcrnber 15, 1983 ------~ ---..-. ......,... Ite. 121 CUAIIUWt AUTHORIZED TO EXECUTE TUE LIASS AGREEMENT rOR THB BUSRIrr's DEPARTMENT GOLDEN GATS SUBST^'1'ION . '..' Comalssioner Kruse moved, seconded by Commls.ioner plstot and carried unanimou.ly, that the Chairman be authorl%.ð ~oex.cute the renewal Le..o Agr.ement with Jam.. Riedml11er . $450.00/month for the Sheriff'. Department Golden Gate Substation. ~' 'Ole 0?8P¡,,! 691 . '. , ' ':~ ~~~-~~--~~~-~----~---~~~~~-~--~~---------' :L~~i::¡ '+i', \ ~~ ,.,~,'.u;¡" " " , . j; ri ',~ ' " i~~t" ~.;." " (~~~J~~~ ' ;;..., .. ~ '.. ~ .., '"__._A."".....'""'~"',',.."",,..,"",..."".~.,,'_~..."',,~;'''''''''''.'"~'___..__,~__.,I...*'IIMoI->.,~",.,~,..~'.,'.._~...""..J_..'",..d...-_.<"',_q....._,...._,""" -----------------~-~-------~----------~-~. Novembor 15, 1983,., ItelD '22 MESSRS. CHARLES BEAUCHAMP, LOREN A. BELL, HAROLD L. HALL AND ALAN G. JOHNSON APPOINTED TO TUE COLLIER COUNTY VESSEL ·CYPRESS· AUTHORITY TO, MEET WITHIN 48 HOURS AND RETURN 11/22/83 WITH INITIAL RECOMMENDATIONS Commissioner Kruse moved, seconded by Commissioner Voss and "t;~ "~,'~ :-~,-.~;¡ ~~~~ '":¡¡;;; ';-,~. ;' carried unanimously, that Me.srø. Charles Beauchðmp,Loren A. Bel~, ,~ narold L. Hall and Alan G. Johnson be appointed to the Collier County" Vessel ·Cypress· Authority. CommlBsion~r Kruso said that no applicðtions in marine onginus Wdr~ rocoivcd which was the fifth cate~ory for membership. Commiosioner Kruse moved, seconded by Commissioner Voss and carried unanimously, that the aforementioned people be notified of their appointment and askod to meot on an emergency basis within 48 hours to return to the BCC 11/22/83 meeting with initial recommenda- tions. A short discussion ensucd rC'Jarding the possib1l1 ty of ð fifth m~mber for this Authority, with Commissioner Holland statin9 thnt ~ fifth p~rson was nuodod. Item '23 RESOLUTION 83-205 ESTABLISHING THE COLLIER COUNTY VESSEL .CYPRESS. AUTHORITY - ADOPTED County Attornoy 5~undors oðid this is a reoolution that ~Qtablishos the five member Authority and thðt he indicated in this resolution that the BCC ahall ado~t by resolution nules and Regulations to effectuate tho intent of the resolution establishing this Authority. Ue said that ù fi fth momber could bo appointod in the futuro. Commi..ion.r Kruse mov.d, .ocondod by Commi8sion.r Vo.. and ",\ ... carri.d unanimou.ly, that Re.olutlon' 83-205 establi.hing the Colli.r County V....l ·Cypr...· Authority b. adopted. ,. )¡ .1"'lf' . ~;~:' "¡, I':t ',',..i.:.t' '.',. .. ',~':'..r;- ,¡ '$,,~ ¡ 10,- <..?,~" J 1;~~\' 'J." ~ .J," aooc 078 "Ir.! 7U1 Pa90 -~~~~~---~~----~~-~-~-~-- -....-.. ~ ........... -- '~" , .;,~; .~ '. -}'-Í'¡¡~ ,- \ -. _______..........._,1,"_,,;$",'_I._"'.,.....~<....,__""_.........""'...'"'"'~;~_...~<>~_..N.~U.""..'_',..,,,,,,'.__,-_""'_,,",,....,.........<e,.." -.-._-...-...------------.--...._-_.....--.........-----....._-....-------............._~ ,."~ .' :',:~ ';, .. -----------------~ !,', --- -.......----.- November 15,'1983 'ODC 078p1f.\ 710 It.. 124 USE or THE ·CYPRESS· TO MOVE STOCKPILED DEBRIS TO MARCO ISLAND REE' - , APPROVED, LEASE AGREEMENT WITH SCOFIELD MARINE CONSTRUCTION, INC. rOR DREDGING OF DOCTOR'S PASS - DEFERRED UNTIL 11/22/83 Public Works Administrator Hartman said that the resolution the BCC approved at the 11/0183 meeting and that the Chairman signed indicating the BCC's interest in dredging Doctor's Pass has not bean mailed and, thorefore, the County is ð week to ten days away from receiving State 8p~rovðl for using the ·Cypress· for this project. Commissioner Krusü Baid she had no problem with the resolution and that it Wl1S included In the lxecutive bummary dated 11/10/83 so ,that the BCC members could se~ tho dlfferenti~l between resolution and the 8ctu~l .. contract, specifically Section Three. She said that Section states ·The use of th~ vessel ·Cypress· shall be provided at cost for the term of the work in recognition of tho benefits of the proj~ct to the total community". She said th.H unt.il the Authority tells the BCC what th\: cost is the BCC will not know tho amount. Rusponding to Commisoioner Kruse, County Attorney Saunders said that paaBing tho resolution and signing it does not put a dollar amount on the contract with Scofield Marine Construction, Inc. and that is the roason for the verbage in Section Three of the resolution. ,,' Mr. Hartman said that the DER has expressed concern about the placement of bulkhe~d debriB below mean highwater and that material ha. to be removed. He requested BCC pormioslon for uso of tho ·Cypress· to take tho remaining debriø currently stockpilod out to the Marco Aeef. He said that will o~rn the County monoy b~cause tho project can be billed AgDinst the gr~nt. He asked that Scofield Marine Construction, Inc. be ållowod to tuke th~ ·Cypress· to Doctor's Pas. and prepare to dredge, but not actually co~monce dredging until State approval has Pag8 32 '1>"'f ._.._..____....__'"''''"."._....._.............,..,'',...."..__.''''.''''.,...~,.·~".".,'.."..>~·'.i"'.K November IS, 19B3 .;I,', , :.'~ " I: , - -- - - - -- - - -- - - -- - - - -. - --- - - --- - ---------- -,~, . :':'~~;~, boen received. Commiasion~r Kruse aðid she hðd no probl~m with usu of,' tho ·Cypress· to romovo thu debriø and, since tho Collier County Authority will bo meeting within 48 hours, sha IUS ked Mr. U.utmðn If there was any problem, ûs flU os schaduling boyond thÐt, Authority to meet ana m"tlCa ð racommondLJtion on SChcJdul1ng,' including, ðdc1ressinC the issuo of thu morr11 ,and othical commitment to Lee County to salvage their reef fund, to which ~r. Hartman responded affirma- tively. Commissioner Kruse moved, seconded by Commissioner Voss and carried unanimously, to allow the use of the ·Cypress· to move stockpiled debris to the Marco Island reot and to allow the Collier County Ve.s.l ·Cypress· Authority to return to the 11/22/83 acc m.eting. with Mr. Hartman's assistance, with a schedule that will take into account the Save The Bays' sch.dule and Collier County's comaitaent on Lee County's reef program. Responding to Commissionor Piøtor, Commissioner ~ruse explained that when discussions were first held reqarding acquiring the .Cypress. diøcussions were held with Lue County qovarnment concerning their reef program so Collier County would know if the ·Cypress· could be used for that purpos", also. She said that Lee County WClS interested at that time ðnd did not bid on tho purch4se of thu ship on tho 9rounds that · Collier County was biddin~. Mr. Hartman s~id th~t Lee County has a $20,000 9rant and thoy want Collier County to help move their matorial. By consensus, the contract with Scofield MÐrino Construction, Inc. was deferred until 11/22/33. Later In tho mooUnq, Hr. E. D.1nlel Spina, Prosldent of Savo tho bays Association, a.1d that over 1400 families have donated $100,000 tor tho dredging of Doctor'. Pa.s and he expressod the thanks o£'tho IODC 078rp711 -......-.......-------------......--------- ---.-. ,-. ---.......-. - ~ -.-----..-.-------- -~-----__--,:~I .: :~' "'~é1 November IS, 1983 078r~r.t 712 Association to the ~CC for allowing the "Cypress" to be used dredging at a reaøonoble cost to t~e contractor, Scofield Morine ;,l > ~... ...... __~ .... , Construction, Inc. He commended Mr. Hartman and his Staff for inviting' contractors to consider the "Cypress" in the bids for the contract and for stating the price at that time. Tape .9 . Mr. Spina said that approximately 30 days have been lost due to procodural delays and requested that the ·Cypress· be put to work as Mr. George w. Batchelder, of Scofield Marino Construction, Inc., said his firm took this project on tho basis that tho "Cypress" would be able to be used. He said his firm has performed s~rvices on the ·Cypress", inspecting some of the electrical and piping equipment, and has repaired an engine at no cost to the County. Responding to Commis- sioner 8rown, he said his firm oubmittea a contract a month ago. Commissioner brown stated for the record that he knew nothing about a contract with Scofield Marine Construction, Inc. Mr. Saunders said the contract in question is the one on which the BCC deferred action until . 11/22/83. Mr. Spina said that the 50111 Wasto Director called him and said that the "Cypress" was available for renting at $225 a day plus fuel cost and that all th~ contractorø who worv planning to bid on the Doctor's Paas project should bo informed that the barge was available and that this should be factored into tho bid. Mr. Hartlnan said thl:lt ~ ~ , . ,,' 'W ________.....'..._.,.,,~"""'.,...,.,.'",'"'_~,.,.,'.""_...,.,' 'i':; ';" ,. .~ , f.; .~[: ,~.. ,¿if '.',\ ,¡ /,~ '>~~ "~ 1'.ge 34 ,'~~~ ")'(:,1 ----------- ---- - -- -----------......_----....---_.........~-.~........ ,'::.. ,,~:i\:Y~ ,.",~?~:,: ... ,,~;ßi soon as possiblo on Doctor's Pass. statement was corrvct. >' . "',j ;:;~ ,i~ ---------~-~-~----~~----~---------~~---~~ Novomber 15, 1983 Ite. 125 j~.~~:~l /~,,¡~J. :~! ';'of "j' , I.,,'''., ..' <r;4" f;~ , .~;r~ , ," ~ . .,;~~ ,H: , rtlJ " ,~f~'~ .::: PRELIMINARY SCOPE or L~GINEERING STUDY or D-2 CANAL DRAINAGE SYSTEM APPROVED, DISTRIBUTION or REQUEST FOR PROPOSALS - APPROVED, CONSULTANT SELECTION COMMITTEE - APPROVED Water Mðnag~mont Diroctor Boldt said this is a request for üCC approval to study tho D-2 Cðnal associ~tod with tho flooding probloms experiencod in Goldon Gato City over the Labor Dðy weekend. Ho said it has become obvious to ~tC1£f that thero is a nøed to invostigate the long-t~rm drainage and flood control and water managoment requirements in the entire D-2 Drainage Ci:ln..l. lie roforred to the Executive Summitry dated 11/3/03 which includes a map outlining the ~re~ from Golden Gate City north to th.t DavicJ C. I3rown Highway, boundecJ on tho east by S. R. 95l and on the WQst by an .HUiJ ð pprox ima till y one mUI! west 0 f 1-75, involvinq apt>ro)tll:\ðtely 25 øqu,He miles. Responding to Commissioner Kruse, Mr. Holdt said that, in his opinion, there aro items that havo h..ppened in conjunction with 1-75 construction th~t helped cause the problem, howevur, thoro arc more proul~ms than just the 1-75 construc- tion. lIe so1id thr.t tho rolocated end of till! D-2 Cc1nal Wð8 tho 1-75 portion of the problem. Commlßsion~r Kruse ðskod if anyone has diwcussad with the Stato DOT the possibllily of their helping with the funding Cor this situation, and Mr. ßoldt said not to his knowledge. Public We rkø Admi ni stra tor 1Ia rtman Sà id thc1 t in ðll ~ho correspondenco with the DOT rU9ardin9 tho situation, tho DOT claims they do not agree that 1-75 caused the flooding problems. Mr. doldt sc1id that tho only thing that remains in tho complete re8toration of the rl11occ1ted D-2 Canal is tho uppor end of the Canal bnd the remow:ll of thu culverts on tþo detour that ho anticipates will Do done within the next month. A discus.ion followed rø9Grdin9 tho floodln~ situation In the area. Commisslon.r Holland øald the study (.,t 10)( 078~J~'{ 713 Pa9. 35 ..._-------~ --- -..-. -------- --........-.-.- ----------- ---'~''---~ :.~ '" .,...""",,,,.~.._,,,,,,,.*.,_,.~",",._,,,,,,,,_~,,,,.______~ ~"'., "W~"i& __...."...,......""t_¡t..."""~·."'~'"",."_·.,_''''''"'''_;¡;<;,_,.......'a.'''_'__,,.'';c__,___..,...,"'''''"''_,....._".,'"·,_...,.__".__.,.~_"''''_",..",,·,·___~·~·_··----,-.-.------..~- 1t1;, 1:" , ~ . ,.,.... ~~----~~~~--~~---~~~~~'~~; , t, '." ,,' ,'; '..... November 15, 1983 aoo( C78th! 714- should not be done until completion of the opening under 1-75. Commissioner Voss said It is impor~tivo to do the stuðy with tho end in view of doing something about the situation once tho study is madè. . Mr. li01dt rocommended that tho existing canal bo stuðied by a consultant when 1-75 is complete and that the consultant make recommendations that need to be done over the next five to ten years to ensure the floodin9 event does not happen a9ain. Commisslonor Kruse moved, seconded by Commissioner Voss, that the Preliminary Scope of Engineering Study of the D-2 Canal Drainage System be approved, and that the distribution of Request for Proposals be authorized. Mr. H. H. Kleckhefer, representing tho Colden Cato Area Taxpayers Association ~nd the Colden Cðte Civic Assocj~tion, expressed concorn about the flooding and requested action to correct the condition. Upon call for the question, the motion carried unanimously. ···RECESSI 2155 P.M. RECONVENEDI 3105 P.M.... Mr. Boldt requested ~pproval of appointment of 8 Selection Committee to select tho consultant once the propos~ls are received. He suggested that the Selection Committee include th~ County's Public ~orks Administrator, the Water Mana90ment Director., the Engineering Diroctor, the Tranøportatlon Director, the Chairman of the WMAB and other such members as the BCe may appoint. He said the Selection Committee will short-list the proi~øals of the consultants and bring that list to the BCC for approval. Commissioner Kruse ~ov.d, seconded by Co.-issioner Pistor and carried unani.ously, that the aforementioned Selection Co~mltte. for consultant ..lection for the en91neerln9 study of the 0-2 Canal Pralnage Syste. bo approved. P89. 36 ..._._...-- J..L ~ ___ _ _..... _ _ _ --. _ _ _ __ __...... __ __ .-.__ __ ~_......... .-.__._ _ __.... . ._____,___.........__,___"'~..>~""_~."_·,__._",_.~""._.b,~'".",",.ro_, '"¡If ;,i ;r,!ì.' ';jI~ :.':'.~;~. I I .. I I Novomber 15, 1983 Ite. '26 WARRANTY DEED FOR THE CAXAMBAS BOAT RAMP - ACCEPTED '<',-., Commissioner Pistor moved, seconded by Commissioner Holland and carried unanimously, that the Warranty Deed executed ,and delivered by Deltona Corporation for the Caxambus Boat Ramp property be accepted. ~' , ,.-~. " . . ^ not 078 ,.~t 715 ',; ~ I, , ~, :P"9· ~; ~ . ........- -- ". " " .. ~.-....-"..._.-..... -- -- -- ----:_------- - - -- _. - -- -- '':f£' .~ ','n~ ....~, -...---.--..-.~-_........-_-- --...--_,-- e:-.-.- --- ------ --'-'-~~I~ November 15, 19B3 IODK 078 PAQ 718 It.. 127 CUSTODIAL POSITION AT MARCO ISLAND BRANCH LIBRARY· APPROVED Administrator of Admiriistrativo Services Hill said this 10 ^ request to fill a vacant Custodial position in tho Building Maintenanco . Departmont at the MArco 1sland Branch Library whore thore has bden difficulty in finding a person willing to commuto to that branch. He said If tho position becomes vacant ðgðin, Staff will exploro contracting out the position. Commissioner Pistor moved, seconded by Commissioner Kruse and carried unanimously, that the Custodial position at the Marco Island Branch Library be filled. Item '20 BID .680 RE PINE RIDGE ROAD IMPROVEMENTS - AWARDED TO BONNESS, INC. Logol notice having been published in the Naples Dnl1y News on Soptembor 14 and 20, 1983, as evidenced by tho Affidavit of PUblication filed with tho Clerk, bids were received for Bid 'GBS, for Pine Ridge Road Improvements, until 2130 P.M., October 14, 19B3. Commissioner Pi.tor moved, soconded by Com~i.sioner Kruse and carried unanimously, that Bid IG08 re Fine Ridge Road Improvements b. awarded to Bonneas, Inc. in the amount $2,818,391.92, as recommended by the Purchasing Director to be tho lowest responsible bid In the best intereat of tho County, and that the Chairman be authorS zed to .lgn and the Clerk to attest tho resulting agreement. Ite. 129 PLANS COMPLIANCE SPECIALIST POSITION - APPROVED z.'.;..~ Community Dovo10pmont Director Virta said e Plan. Compliance Sp.clal1at position was made necussary b~ the Interlocal Agreement the ace enterod into with the aovoral independent firo districts to provide ·Þ.g. 38 --........ - - --- - -.. - - -- - - -- - - - - --- - --..... - - -- .-..-. - -.. -..... --. ----- -......... -- ....- ..". _..."j¡;__'''''....,'''_''''..'''',~''''_.,,,_··,·'''..'"W~"f'.,···.~''',-<O.,.·,..,·.''''''·.I",,,*,,,,,,·~·;·,;",,,.;·'~I l',;;~ --------~----------------------~-------~~. . ...\ November 1S, 1983 fire pl~n ruvlow sorvlcos ~ithin the Duilding Departmant. Commissioner Kruse moved, seconded by Commissioner Pistor and carried unanimously, that the vacant Plans Compliance Specialist position be filled. Ite. '30 LABOR AGREEMENT WITH FEDERATION OF PUBLIC EMPLOYEES - NO ACTION TAKEN UNTIL COMPLETED AGREEMENT IS PRESENTED .. Administrator of Administrative Sorvic~6 Hill roferrod to the Execut ive Summa ry dÐ tod 11-9-0), wh ich descr ibes the proposed Labor Agreemont with tho tederðtinn of PUblic Employoos. He said agreement has been reachvd on 22 of tho 2S articles and that those items not .¡.; i! agroed upon, Dt this point, ~rQ wages, benefits Ðnd seniority lay-off l1nd recall. Commissioner Voss movod, secondod by Commissioner Pistor and carried unanl~ously, that no action bo taken on the Labor Agreement with the Pederation of Public Employees until the completed agree~ent 1. prelh,nleü. Item 131 RESOLUTION 83-208 RE LAND AND WATER CONSERVATION GRANT FOR IMPROVEMENTS TO CAXAMBAS PASS PARK - ADOPTED, BOATING IMPROVEMENT PROJECT AGREEMENT - APPROVED ',1" , ,:;; ~~~'~ ,}~: Administrativo Asoistant HollQY said this is a recommendation for the execution of funding 119reements for Cðxambas Pass Park. He expll\1ned that one is lJ Land and \\'ater Conservation Fund, ð Jobs Bll1 Grant, and tho other io ð Boðting Improvement Fund Grant. He Raid the monoy will bu used to construct restroom facilities and an irrigation ,~ system at CoxambðY PlJrk. Commlss1oner Pistor moved, .econded by Commls.ioner Kru.. and carried unani.ou.ly, that Resolution 83-208 re the Land and Water Con..rvation Grant for improve.ent. to Caxambaa pa.. Park b. adopted aOOK ()~PAf,rj71ltJ page ..- .---.-...-....._--_......-.-_----_....._...._-~..._...-_.......~-. :.~ :,:¿~¡ """PI' 11""..______,·____.'""'_·,,"~,,··"'.....,''''''_''''.,.,·_,·..,_"·"'''·.·,.·'"""'Mb_"'~,"<_''''.·'''''''·''''_··'·"·~~·''''''''_··^" (,>If! "\,ifA --.....----.----- ------ -..-..-..---.--- ....-....t . ) f'Ú~~'· I:c.., 0781A~t 720 Novembor 15, 1983 ::: 'I;; \·:.',.l: .'~;Z;~ ~¡, :,r'¿ "';'.:! ~ ~-~ :,~~ 'i<:i! ,~:J ,.. .0 ~ .' :--, ~ 1 .>¡¡, .."~,:·~~~'.,'r:<:,,~,'·,, "', J;,: ~, .~1 "$f'&' riõ;~, ' :!:I'" 1 ~ ~I '~"r ' ;j ',;;~ I ~,; P 40 ,:':~ . 4g." ,;:,:;,', ).,"; , ,r': /:',' ~:' ?> ,,--:,~, ·r;~\., ~------------- - - - - ----. -............- - -----............~....~-...........~~:)....,.,.. "J ·"A~...,,:r{~~!:~" I ,- ~. ¡ and that the Boating Improvemont Pund Agreement be approved. Commissioner Kruse requested that native veg.tation._be, Inves-" tigatod to be Installed to eliminate the need for irrigation. ,._____...';..~_....._.""'...,.,"_"'_,.""'..,J~,.~,·.·"JC ",r~(;iI ",'~)~~ ,~, .:.'~1_:f:¡~~ . - - - - -- - - - - - - - - - -- - - -- - -- - - - - - - -- -- - - ---_.....~ Novembor 15, 1903 Ite. 132 FLORIDA BOATING IMPROVEMENT FUND AGREEMENT - APPROVED, STAFF AUTHORIZED: TO REQUEST PROPOSALS FOR WIGGINS PASS DREDGING PROJECT MONITORING . SBRVICES, BUDGET AMENDMENT ESTABLISHING BUDGET - APPROVED, SELECTION COMMITTEE - APPROVED Administrative Assistðnt Holley Daid this Item is a r~qu.st for authorization to ustablish a budgot for the Wiggins Pass Dredgin~ Project and ~uthoriz~tion to solicit proposals for monitoring sorvices. He said this project h..s beetn in the dovelopment stages for lit leDst five years and th~t acc ap~roval was grantod to apply tor Florida 80ating Improvemont Funds ~s ~ m~tch for the dredging and that approval hClS boon received for thùt <Jrant appl ication. lie requested execution of that agreement. Ho s~id th~t the romaining money would come from contributions of resiùonts In tho cHoa in tho way of the ~19g1ns PðSS Dredging ~scrow Account. Ho oald on this date St~ff received approxi- mCltoly $130,000 towa rds th.H projQct which ',liill cover tho cost of the contri3ct for the dredging. lie tié\ld that the ~dgginB Pass Conservancy yroup that initially offorod to pro"idl!1 the moni toring sorvicos could not obt.:1in non-profit statuB in time for the County to procodd, and ther~fore, the mambers of thu Escrow I'ccoun t hêive offorlltd to contri bute 1 ,; I '/- ¡ the :non les to tho Coun ty that they would h<Jve given to the eO:'lservancy for thu 11,0nitoring oervices. HI) said that becausÐ of the Compotitive Negotiation Process tho County has to advertiso ðnd rdturn to tho ace with a short-list for Engineerin9 Consultðntu for the ~onitorin9 sorv1ces for a recommendation. Commlsaloner Kruae moved, aecondod by Commiaaloner Holland and carried unanimously, that the Chairman be authorized to algn the Florida Boating Improvement Fund Agreemont, that the Budget Amend.ent request establishing the budget for the W1991ns Paaa Dredging Project be approved, and that Staff be authorized to request proposals for "DOC 078 ,,,r,t 733 Page 41" -..... ---- - - .....---- -. -..-..- - -. -.... -- ..... ....-- --- ........-.-..'....~ --____ -..I.- ' ~-"--'''~'~,-"' -_..._,-,--,_..>,<,.,,"---.,..._,.'",._""....""'...,,".,"",..."-~.".," , :'~',c " ,:,t./.',";?~' "".1,# . ;(';",-A',-" , Pa9.~ "2,,';\," ;Ù~::: . ' " ", ~", ; ""'I;;S' ''')';'i\ ............. - ------ - - ~ -- -- - - - - - -- -- ..... - .-. -- -'.... ..... -- ..... -- - - -.... ...., -.....- ~ ~S;:':,', . .' . ,:;;'~,~~)~~r, ~_.-----.--.-------.--------------- ~------.-----,............---~ 07Bpl~t 7M Novomber 15, 1983 io'r monitoring .ervlces from Engineering Consultants and return with short-list to tho BCC. Commissioner Kruse moved, seconded by Commissioner carried unanimously, that a Selection Committee for the Engineering Consultants consisting of Public Works Administrator Hartman, Mr. Holley and Mr. Norman be approved. " .' , ri " ~',' ( 1\ ..:", '.!;'\o :'.';,~~ .' ;..f't,.'i' .~~~ '<k~k/J ¡~. ¡....(i, ...,'-'.' ,.:):~,-~ '~~~¿ .~ ');.~~.~; . l" ,"I' .," ,..,' ;!II' ,:;\;j11,f. " (¡~: '.,;.HI, 1r ," ~ j ";h¡ ""··,..........o<"""""'~.,.....,''''.,,,·____.___'''''....;_I,·_>I''.._''''....·lh'....,."'_"....~.'. --, , ',"j - ....- - - - - - - - - - - - - - - - - - - - - --- - - - -..... - - -..- - --..... .....- ~,~~ t" ~'t·">,,,<:i'\" Novombor 15, 19BJ It.. 133 BID IG9l RE WIGGINS PASS DREDGING - AWARDED TO C-W~1 CONSTRUCTION Legit! notico havinc¡ boon publiahod in the Naples DC1ily New. on' .t""" October G, 1983, CIS ov iduncud by ^f f ic1C1vl t of Publication fi lud wi th'·;;i:¡'!';:fr the Clerk, bids woru rucoivod for aid R691 for dredg1ng WIggins Pass, until 2:30 P.M. Octob~r 26, 1983. Commissioner Holland moved, seconded by Commissioner PIstor and carried unanimously, that Bid ,G91 for dredging Wiggins Pass be awarded to C-Way Construction, Ormond Beach, Florida, in the amount of $193,980, as recommended by the purchasing Director to be the lowest r.sponaIblo bid In the best interest of the County, and that the Chairman be authorized to sign and the Clerk to attest the resulting agreement. It.. 134 CHANGE ORDER NO. ONE (TOPPINO CONST. CO.) FOR SEWER SERVICE AREA -A- _ EFPLUENT DISPOSAL SYSTEM EXPANSION - APPROVED Utilitios Admlnistrütor Berzon said thiu item i. 1n connoction with tho North Naplos S8w~r Truotmant ~xp~nslon nnd results from the nocessity of relocating the ddstor1y bound~ry of tho ponds approximatoly 32 feet to the ~aøt. Com.issionar Kruse moved, seconded by Commissioner Pistor and carried unanimously, that Change Order No. One to Toppino Construction Co. for Sewer Service Area -A- - Effluent Disposal Syste. Expansion b. approved In the amount of $4,250, increasing the contract froa $487,267.00 to $491,517.00. aooc 078..&1',{ 7~7 - -.....-. -.-..-...-...- -..... -. - - - - - - - - - --..-.-- ....- -.......- -- - -......-,~' .. .. . ,,; /I~,,:~~~;;';,i,ili -- ----....--.----- - -------- - -~. --.---.------- November ~5, 1903 . aoo( 07BPAGl750 Ite. 135 RESOLUTION OW 83-3 RE -AGREEMENT FOR SETTLEMENT AND RELEASE or CLAIMS AND DISMISSAL or ARBITRATION PROCEEDINGS- AND FHHA CHANGE ORDER NO. 2 BETWEEN COUNTY AND PATTERSON' WILDER CONSTRUCTION CO., INC. FOR GOODLAND WATER DISTRICT PROJECT - ADOPTED ' County Attorney Saunders said this item concerns tho Goodland Water District Project and that because of a Change Ordor in the total contract price thero was a mlÐcommunic~tlon between tho County and Patterson' Wl1dor Conscruccion Co., Inc. He said thClt Patterson' hildor took the pouition that tho County had agr*ed to pay them $10,000 for delay damages plus dn additional $10,000 for a total of $20,000. He said that thc. County took th~ poaltion that tho County offcred to pay the Company only $10,000 over 6nd above the total contract prico. Ho said that $10,000 is being deducted from another contract so that tha net effect of the $10,000 payment is zero DS far as tho County is concorned. Commissioner Kruse moved, seconded by Commissioner pistor and carried unanimously, that Resolution OW 83-3 re -Agreement for Settlement and Release of Claims and Dismissal of Arbitration proceedings- and FMHA Change Order No. 2 between County and Patterson , Wl)der Construction C~mpany, Inc. for Goodland Water District Project be adopted. " ,,' ".-' ; , '\~ .,',11 , ~;;¡. .<",~ ',;~ \¡~~,r,¡ ..~;. ",\ :,~,t:,ì,~:,' v,:... ~ PAg. 44 "~ i -, 4· ':",~1~ -- ~- .... - -- - - - - - ..... ~ .... - -- -- - -- ........... -- -- - ~ --............ --,..... ---....'-......--- - .........~.~ ., '. . ------,- ''''1''1' ,...,_'_..f'_H_'____·_..<':O;,_"'~·.....,~,,__''''"'·''',_'''...,~...''''~..,,..,,.'.-~"",,',~",~,,.','~'~.., ,', "~,,-.',,.^"-~,-.~,..",- - - - - - -.... -.-..... - - - - - - - - - - - - - - - - - -.--- -.-- - --- - -- - ~ -."fIIII"'!:~ .'\1':1' November 15, . lOOK r178PACt754 ,. .' IteD 136 ROUTINE BILLS - APPROVED 'OR PAYMENT Pursuant to Resolution S1-l50'the following checks were issued .. through November ll, 1983, in payment of routino bills I CHECK DESCRIPTION CHECK NOS. AMOUt~T $1,341,270.49 Vondor l02434-1029l2 It.. '37 BUDGET AMENDMENTS 83-969, 83-970; 84-71/84-74, 84-76, 84-77 - ADOPTED Co.-i..loner Pistor movod, .econded by Commissioner Kruse and carried unanimously, that Budget Amendments 83-969 and 83-970, 84-71 through 84-74, 04-76 and 84-77 be adopted. , ""_0'0 .-__---..---.~------......-.-_................-.._-- ,_',' t . . '", ....1:'1...... ,..................-_""__t._·~.....,"""~""'._"_,.,._·...-~··"'"·,"',..._·,·,,,,~_.."_"'........,_."'~_."""'~'",,..,",.- >~ ;,;, '-~- . ..., ~:J t1~,jh ~,t'" ';;~~ ,\.;' ':#~~ " .,,~~ , ,,"- I 'l "1 Ite. '38 MOTION TO OBTAIN SERVICES OF AN EXECUTIVE SEARCH FIRM TO SELE~T A COUNTY MANAGER - DENIED - -----"'-" --.------ --..-...-..- - - --- ------- ~---'---~,,~, .1..1;1. , \,,¡,< .-.~)~ Novembor 15, 1983 .~ , Commissioner Pistor referred to Mr. Norman's recommendation regarding the seloction of a County M&nayor for an ~xecutive Search Firm to interview the candidates. Commis8ioner Pistor moved, seconded by Commissioner Voss, that the BCC obtain the services of an Executive Search Pirm to select a County Managor. Mr. Norman said that the position should bo advertisod for at least one month. tie recommendod that an Exocutive Search Firm be " obtained prior to ~dvertisem~nt. Commissioner Kruse exprossod her concern that in tbking this action the ace would procludo any oxisting employees who might be Intordsted in applying for the position. Commissioner Holland s~ld it is promature to begin the process before January 1, 1984, Ðnd addad ho would like to see what transpires as far as the actions of the present Staff until that time. Commissioner Voss oaid that an ~xecutlve Search Firm should be used. Commissioner Brown said he was in favor of pulling somebody up from the runks. COlnmissioner Pistor said an advanlðge In having an Executivo Search Firm i8 the confidential factor for those persons who apply. Upon call for the quostion, the motion failed 2/3, with Co.-lssloners Holland, Kru.e and Brown opposed. ~~ " \. ~¡ Ite.. '39 COUNTY ATTORNEY DIRECTED TO RESEARCH TYPES or REGULATIONS PIRMISSA8LE RI -BOTTLE CLUBS· AND RBTURN TO BCC WITH INFORMATION REGARDING POSSIBLE ORDINANCE nE 5MB Deputy Chief ~rnett Maid thero'are soveral -bottle club.- oporating 1n the ~aøt Naples .rea Gnd that tho trend 10 continuing throughout tho Count)'., He øald these clubs operate after 2.00 A.M. r.rr.' 018,..r7F:6 'Age 4' ..." . -----.... ----......--.... --- -----_....._------.......'--_-.--.-._~ '\;1"_ .....!II-__...._..·..._"..~....;.··..,.·."",··...·.·"'c·,.,_...._....._~>.,"~,",',,",.,, '~..¡r/ -"¡---~""'-.-- -- - --- - - - - - - - - - - - - - - -- --- -....-, ------~. 4 . " aoo( 078 P~f,t'756 November IS, 1983 , ~. . which circumvents the closing hours SÐt by the BCC and they sell'" ~. ~. - - -..; .'. < set-ups and coke. He said the Shefiff's Department is rÐquesting:t.hatl~~;':E·?o; , ' ':;:,}~.<~__\~,t',~~i~'~~ . the BCC consider having the County Attorney draft an ordlnancÐ on these . "'\'1 -bottle clubs· that would bring them into compliance with the rules and makv sure that the clubs close at 2100 A.M. or are not used. He said it is expensivo to polico bars and when thesø clubs continue to oporate after hours it pr~svnts problems for the Sheriff's Department. Tape .10 County Attorney Saunders said hø would like to reooarch this subject and return to the ace with recommendations regarding the types of regulations tU..tt an: pcrmissélble for this typo of club. Commissioner Holland moved, seconded by Commissioner ~ruse and carried unanimously, that the County Attorney research the types of regulations permissable re -bottle clubs- and return to the BCC with information regarding a possible ordinance on this sUbject. ..·*The following items vere approved and/or adopted under the Consent Agenda by motion of Commissioner ~ruse, seconded by Commissioner Holland and carried unanimously.... Ite. 140 RESOLUTION 83-206 RE PET. SNR-B3-l4C, RANDALL CRAWPORD, APP~OVING STREET NhHES CUEVARE AVE., S.W., CARLAND ROAD, S.W., INCZ ROAD, S.W. AND WASHBURN AVE., S.W. See Pages '77tJ It.. 141 RESOLUTION 83-207 RE PET. SNR-83-l3C, FRAH~ C. CRAPARO, APPROVING COOD EARTH DRIVE, WHIPPOORWILL LANE AND NIGHTHAWK DRIVE Seu Pages r¡ry/ It.. '42 PETITIOH'PU-82-l7C, NORTH NAPLES FIRE CONTROL DISTRICT - WITHDRAWN -- .... -..-....... - ~- -.-. - - - .-..-.-.. --...... - ~ -.... ~ - -.........-'-- '"._,i""__."""'"·''-''W··+,,",·'~_''''"'''''''_'''·_'__'_!H·''_;''_'~'·'''...,...-....".;>"..""...,..~.'-.-~".;~...,.....~"'.....,;"... 'l.. -~~, ;:~~' " '~ " ;<:~ '~f 1'-..:~" ...--.-- :¡~1~ ".:.,' ,,,Ië;, ---- --..-...-...... ----- - --......... -- -....-..... -..... -.~..- , ,,~"t1 -, ..... Nov~mb~r 15, 1903 Itea '43 RIGHT-OF-WAY FOR A ROAD ON THE SECTION LINB DIVIDINQ T48S, R25£ - ACCEPTED, DEEDS TO BE RECORDED See! Pðgoa '77 ~ - '777 ~'Y, ~.. SEC. 10 I 15 IN Itell '44 BUDGET AMENDMENT AUTHORIZED TO CREDIT GAS TAX REVENUES DIRECTLY TO BENEFITED FUNDS Item 145 GROUNDSKE~P!R VACANCY IN PARKS AND RECREATION DEPT. - EXEMPT PROM HIRING FREEZE Item 146 WATER FACILITIES FOR LELY PALMS PHASE I - ACCEPTED SUBJECT TO RECEIPT OP LEGAL DOCUMENTS AND APPROVAL BY COUNTY ATTORNEY ..{t " " , . "~ , . The water facilities for Loly Palms Phase I - Accepted Bubject to the fo110wln9 atlpulationu: 1. That all documents .He found to bo luqiJlJ.y suff icient by tho County \ttorney. 2. Th~t ð Curtificate of Occup~ncy not be issued for tho Hoalth Cdre Building in Loly Palms Phðs~ until the on-oito and off-site sanitary s~wor facilities to servicø the projoct have bøen dcdlc~ted cJnd c'JccfJptnd by thu lioard of County Commissioners. Ite.. 147 CERTIFICATES FOR CORRECTION TO THE TAX ROLLS AS PRESENTßD BY TUE PROPERTY APPRAISER'S OFFICE 1982 TAX ROLL 649 11/1/83 T^NGI8LE pt;nsoNAL pnOPERTY .!2..!!l 1982-41)6 11/2/8 J TANGIBLE PERSONAL PROPERTY !2.!!1. 1983-1-109 1111 - 11/2/83 lOOC ~PAr.£~ paq. 48 .---- -........--.- ~~ ..... --.......... ..... - - -.-..-.. .... - ..... - - - - - -- - -'*---....- -.........--. __.t>...__=-_.'.....,,"-,,~, ... ..^._..""........_..__'..._",..,."""""~"',"'_"'.''''~,;_,.,._,,''',._..,~-",~._''''',...,.,.._._,-,..." , ";"J__, ;,1.,'.:::."': . ~:·-~.'t; ----------,--------------------------~ Novembor 15, 1903 aoo( 078 PAr,t 758 Itea 148 EXTRA GAIN TIME FOR INMATE NO. A-43l22 Itea 149 . '.... ........_~...... LAKB TRAFFORD MEMORIAL GARDENS CEMETERY DEEDS NOS. 366, 367, 368, 369 AND 370 See Pages "7'7P-7¡:~ Itea 'SO MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Cn~ir directed thÐt tho following correopondence bu filed and/or rcforeed to the various departments as indicated: 1. Letter dated 10/27/83, !rorn Mr. John P. Moyers stating his op~osition to Avatar Properties, Inc. request to rezone Unit 3, alock 9ö in Golden Gate Subdivision. xc Mr. Virta. Filed. ;,. 2. Notification r~celved 11/4/83, meeting to be held 11/10/83 in Cities Community Dovelopment.. Pll ed . from Dept. of Commerce of Orlðndo re Florida Small xc Mr. Beckett and Mr. Virtð. 3. Memorandum dated 10/14/83, from William J. Reagan, Clerk of Courts, transmitting a Statement of Revenueø, Expenditures & Changes in Fund aalance and a chock for $117,894.51 for excess fees for FY 62-83. Filed. 4. ~otter dated 10/19/83 from Suznnno P. Walker, Chiof, 8uroau of Permitting, DER, re Collier County File No. 110399109, request to modify permit, which would change Condition 4 of the Permit ro Wiggins Pass/hater Turkey Bay, advising that tho modification is approved and transmittln9 a copy of the modification. xc Mr. Holley. Filed. 5. Lotter dated 11/2/83, from Clifford ~. Barksdale, Vice-pre.l- dont, C.M.C. Dovolopment Corp. rcqueøting ð reconsideration of Rezone f'etit.ion H-03-l7C. .iled. " ~~ G. Copy of Hendry County Schools Annual Report for 1982-83 ~chClol YClIr. filed. 7. Copy of lotter datud 10/14/03 !rom David n. Pingree, t>ecratary, Vopt. of HRS, enclosing.. copy of ·CuideUnes Zoning and Special Community Houøing" and ð list of HRS District Adminiøtrators, and copy of District Boundar!e. FUed. lAtter dl.llted 1 0/26/0 3 f rOIl\ Mr. Paul J. Martin, Pres1dont, huaokalea ChðJnber of Commefct' stating the Chamberto up. for o. ,'j l' ,J~ ',¡:-;~ ,,·t~~1 .;!¡i~ ../;~r.~; if~"!; .~',~1 ,;.r,.... ~;<:DÊ . ';:"Æ ,I ,'.,¡¡"i _.~ Page 49 .. ----- -....-.---~-----.-...-.. --- --..... _.--..... - --.-__ _.- -'0--.'-' _ __ );!',~ ."".~ 'M''<I' __..... '".......~...."._.._"~..'",'~,',.......,,"'_.,"'''-...,._'''~,_.,....,,.;.,..., ..".".,.._._.._,..-'",.".~...-~. iI"lii : ,',. t. --------'------------------- ,", ,: -..-.------ . ,,·.'t,.:;,· Novembvr IS, lÐ83 opposition on thv selection of the park Gltø. xc Mr. and Mr. Norton. riled. 9. Lettcr datod 10/G/8) from Mr. It. J. webor stating his opposi tion to the propo~QcJ ma rina at Ma rco Islðnd y..']cht Club.~ to install additional f.3clllties. xc Mr. tJormÐn and Mr. q '.f} Vlrt-ð. F1l0d.""¡'·:~,;; 10. Copies of ¡'linutesl N03plGS City Council, 10/19/S), CAPe ðgendð for 11/3/83 and minuteD of 10/20/03. ~ilod. 11. Lettor datod 10/25/03 from hup. Connie t~c;c' re LSonrd's . requost for consldcrðtlon of ð Veterans Hospital in the Collier County area. XC ~r. Beckett and Mr. Norton. riled. 12. Letter dated 10/24/83, from ~enator FrÐnk11n B. Mann re Hoard's requust for consiùlJrûtion of a Vetorðns lIospltal in the Collier County area. xc Mr. Buckctt and Mr. Norton. Filed. 13. Letter dDted 10/28/83, from Senator Lawton Chiles ro Board's request for considerDtion of a Vetur.ans Hospital in tho Collier County arüa. xc Mr. Beckett and Mr. Norton. Fl10d. * * . * Thvre being no further uusiness to como before tho BOdrd of County Commissioners, the meeting was adjourned by order of the Chair - Timol 3:40 P.M. ATTES'f: W I~LI6~A a~ REAGAN, CLJ::R!\ ,~~ . 0/ " .. . ,. (' " .. ~ \ r ~þ ~ ~ ',-"~' fit'.. c;. . V~ /) C ;. /ì~"~..'C ,~~ tV ... -jrt~~.m~,s ~pporved by tho BCC on ~~~'ón~Od ' .'~ I (' V ." ~OAHD OF COUNTY COMMISSIONERSI BOARD OF ZONING AVPEAL~/EX OFFICIO GOVERNING BOARD(S) OF SP~CIAL DISTRICTS UNDER ITS ~ ,. .t ~~~' ~~'~: c~;- OW","eM ~ " .' ~. / .31 1"",/>'..7 .:IS . ':~ , ~~~ 1 J. ~ ";>'¡ .'.!~ ' ,..~~ , t;~ ....""" 'J .:;~ r.þ¡ or 1:18 corrocted . 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