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BCC Minutes 04/21/1992 RNap]es, Florida, April 21, 1992 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to /aw and having conducted business herein, met on this date at 9:00 A.M. in F~E~UI~%R SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mlchael J. Volpe VICE-CHAIRMAN: Richard S. Shanahan Burr L. Saunders Max A. Hasse, Jr. Patricla A. Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Ellie Hoffman, Annette Gue,;in, Kathy Meyers and Debby Farris, Deputy Clerks; Nell Dorrlll, County Manager; Jennifer Edwards, Assistant to the County Manager; Ken Cuyler, County Attorney; Dennis Cronin, Thomas Palmer, Mar3orie Student and David Weigel, Assistant County Attorneys: Frank Brutt, Community Development Services Administrator; William Lorenz, Environmental Services Administrator; Jay Reardon, Emergency Services Administrator; Russell Shreeve, Housing/Urban Improvement Director; Tom Conrecode, Office of Capital Projects Management Director; Mike McNees, Budget & Management Director; Bryan Milk and Sam Saadeh, Planners; Sue Fllson, , Administrative Assistant to the Board; and Deputy Byron Tom]lnson, Sheriff's Office. Page April 21, 1992 T~pe #1 AGEMDA - APPROVED WITH CHANGES Commiee~oner Hesse moved, seconded by Commleetoner Goodntght and carried vz~n1~ousl¥, that the agenda be approved w/th the changes d~ta~led on the Ag~nd~ Change Sheet. Page 2 Ite~ ~3B CO][~KNT AGE~DA - APPROVED AND/OR ADOPTED April 2], 1992 The ~otion for approval of the Consent Agenda is noted under Itea ~16. Ite~#4 MINUTES OF BCe REGULAR MEETING OF DECEMBER 3; WORKSHOP OF DECemBER 3 AND RE~IILAR MEETING OF DECEMBER 10, 199! - APPROVED AS PRESENTED Co~i8~ioner Shanahan ~oved, seconded by Com~isstoner Haose and carried unanimously, that Minutes of the Re~lar Meeting of ~cem~r 3, ~=b~ of ~c~r 3 ~d Re~lflr Meeting of ~cem~r 10, 1991, ~~ H ~t~. ~~TION D[SI~ATING ~ ~ OF ~RIL 25 - ~Y 3, 1992, ~ ~Y DA~ - ~~ Upon re~ding of the proclasatton, CoHtssioner Saundera ~oved, seconded by Commissioner Hasse and carried unani~ously, that the Procl~tion design~ting the week of April 25 - May 3, 1992, aa Bay Mr. John Garbs accepted the Proclamation. He explained that Bay Days ts a week long event to heighten awareness of the problems and solutions to cleaning up the water of Naples Bay. Page 3 April 2~, 1992 ~TZON DISIGNATING APRIL 26 - MAY 2, 1992, AS NATIONAL VICTIMS Upon reading of the proclamation, Commissioner Shanahan ~Cl~m~ by Commissioner Hasse and c~rted ~tmously, t~t the ~l~t1~ ~t~ttng April 26 - May 2, ~992, as National R~te ~k ~ ~ted. Mrs. Rosa Hernandez ~tte accepted the proclamation. She advised that there will be a victim's panel and vigil on April 27, 1992, at 7:00 P.M. at Naples City Hall and invited the public to attend. Page 4 April 21, 1992 PROCLAMATION DESIGNATING APRIL 19 - APRIL 25, 1992, AS PROFESSIONAL SECKKTARIES WEEK - ADOPTED Upon reading of the proclamation, Commissioner Goodntght moved, · econded by Cmtsstoner Hasse and carried unanimously, that the Procl~tton deet~nat~ng the week of April 19 - April 25, 1992, as PI-or--tonal Secretaries Week be adopted. Mrs. Barbara Pedone accepted the proclamation on behalf of the Naples Chapter of Professional Secretaries International. She thanked the Commission for their continued support and encouragement. Page 6 Item d~B ~ S~R~ICE AMARD - PRESENTED April 21, 1992 Commissioner Hesse presented an Employee Service Award to Robert Thurston, of Compliance Services, for five years of dedicated service with Collier County Government. Item ~A1 & 6A2 BUDGET AMENDMENTS 92-228/229; 92-231/232; AND 92-235/23? - ADOPTED Com~iosioner Hasee moved, seconded by Commissioner Shanahan and carriN nnanimouely, that Budget Amendments 92-228/229; 92-231/232; and 92-235/237 be adopted. Item EXTENSION OF LINE OF CREDIT AGREEMENT WITH SUN BANK, N.A. TO PROVIDE INTERIM FINANCING FOR CERTAIN IMPROV]~MENTS AND PUBLIC FACILITIES - APPROVED Finance Director Yonkosky explained that this item is a request for a reinstatement and extension of the Line of Credit Agreement with Sun Bank. He advised on February 27, 1990, the Commission approved a two year Line of Credit with Sun Bank, N.A. in an aggregate principal amount of $20,000,000 to provide interim financing for certain pro- ~ects for development, acquisition, construction, equipment and main- tenance. He reported that a total of $13.1 million has been thus far drawn down and remains outstanding on the Line of Credit. Mr. Yonkosky stated that the pro~ects include: Willoughby Acres MSBU, $900,000; Pine Ridge Industrial Park MSBU, $6 mi/lion (expected completion is December, 1992 and staff will be requesting an addi- tional $4.5 million draw); Naples Production Park MSBU, $4.5 million (anticipated completion date is April, 1993, and staff will be requesting approval of an additional $3.2 million; Library Improvements, $400,000; and Park Improvements $1.3 million. Mr. Yonkosky stated that Sun Bank, N.A. has agreed to extend and increase the Line of Credit to $25 million with no commitment fee to the Board of County Commissioners. He requested reinstatement and Page 6 April 2~, 1992 approval of the Line of Credit and accept the increase to $25 million. Commissioner Volpe questioned whether the Finance Committee will be recommending a bond issue for the Naples Pine Ridge Industrial Park, to which Mr. Yonkosky replied affirmatively. He reported that the recommendation for permanent financing will be through a special bond issue. He disclosed that approximately four months after construction the Commission could approve issuance of the bonds. He indicated that there is another possibility of issuing the bonds earlier and capitalizing the interest but this may result in Increasing the total cost. He reported that the anticipated date of issuing the bonds is August, 1993 and would appear on the tax rolls in November, 1993. Commissioner Volpe revealed that he has a reservation during the present economic times with respect to the identifiable sources for repayment of some of the borrowings to increase the line of credit. He noted that the Commission has recently been informed that this is the time to go to market with municipal bonds because the Interest has never been lower. He remarked that he understands that interest is not being paid on the borrowings under the line of credit as it re]a- res to the Naples Production Park and the interest ts being accrued and will be repaid from the bond Issue. He questioned, whether the Finance Committee has considered the possibility of going out early with the bond issuance, capitalizing Interest for two years and obtaining the low Interest rate. Mr. Yonkosky replied that he will present same to the Finance Committee for consideration and report back to the Board. Go.missioner Shanahan moved, seconded by Co~tsatoner Hmsse and c~Lrrl~ ~mntmly, to approve the reinstatement/extension of the Line of C~edlt Agreement. It~m ~7A MRS. M. MALl[ER, S~ABREEZE SOUTH, MARCO ISLAND RE PRESCRIPTIV~ EASEMENT TO CR~NT BEACH - STAFF TO REPORT BACK IN 30 DAYS ON PREVIOUSLY IDENTIFIED SITES, BEACH CLUB WAr,~WAY AND SUBJECT SITE FOR POSSIBLE ACQUISITION Assistant County Attorney Cronin stated that this matter came before the Commission two weeks ago at which time direction was given I OC0Pl6£ ~2 Page 7 April 21, 1992 to the County Attorney's office to do an addftional investigation. He provided two exhibits (copies not provided to the Clerk's Office). He noted that the first exhibit ts a memo from Real Property with respect to the value of the separate areas Involved in the Crescent Beach and Southwtnds property. He indicated That the valuation ts provided for an easement and fee interest in the area and done on a 4' wide and 10' wide basis. He reported that there ts approximately 885' Involved in both legs and the valuations range from $85,0000 - $250,000 for the acquisition depending upon the width of the actual area to be acquired. Mr. Crontn pointed out that the second exhibit is a newspaper clipping dated November 4, 1971, depicting an aerial view of the sub- Ject area. Assistant County Attorney Cronin indicated that there are various elements that are a necessary requisite in prescriptive easement situations. He announced that the owners in the area have submitted between 230-250 affidavits to the County Attorney's office, noting that less than 3% are for the required 20 year period of time. Mr. Cronin revealed that pursuant to the Board's direction two weeks ago, he contacted Mr. Heney, who was the president of Crescent Beach Development, and he advised that he acquired the property tn 1986 and applied for a building permit in Aprt], 1987 and was issued the permit in late 1987 and construction commenced shortly thereafter. He noted that Mr. Heney stated that he purchased the property from a Canadian Corporation and the property was fenced and had "No Trespassing" signs, but these were ignored by members of the public. He indicated that other people allege that this is not true. Mr. Crontn stated that he has had conversations with Mr. Gilbert, President of the Southwtnds Condominium, and he understood that the Southwtnds property owners were in favor of beach access, however, their preference was for a private right as opposed to a public right since they had serious concerns of safety and the lack of parking in the area. Page 8 April 21, 1992 Assistant County Attorney Cronin revealed that he believes there are discrepancies among the facts and there ts no clear indication that the elements of prescriptive rights have been met based on the facts as presented. He remarked that the importance of the 1971 photo is indicative of how undeveloped the property was during the late 1960's and early 1970's. He e×plained that clearly, anyone living in the area had ample opportunity to simply walk across Seaview Court and access the beach. Assistant County Attorney Wetgel recalled that two weeks ago he expressed concerns with respect to proceeding with the prescriptive easement for the specific parcel of the Crescent Beach property. He expressed one reason this is a difficult hurdle is due to the Crescent Beach property being entirely landlocked from a public access way and therefore, in order to establish any kind of right in the public° it will be preliminary required to show that there is a prescriptive easement right over the $outhwinds property which is the suggested access point to Seavlew Court. Mr. Wetgel reported that there are factual discrepancies indi- cating that persons in the neighborhood crossed Southwinds property and went on to the Crescent Beach property by pushing through fencing that existed along the property line of Crescent Beach. He noted that Southwinds property finds itself in a dilemma since it app~ars that the use of the driveway along the boundary line was a permissive use which means the unit owners could have prevented access by any member of the public during the 20 year period in question. He announced if the use was permissive over the Southwtnds property, it automatically fa~ls one of the key elements of prescriptive easements and yet the alternative is for the Southwinds property owners to come forward and indicate that there was a prescrlptiue use over their property for 20 years and that is a hostile, notorious, adverse use to their interests. He affirmed that he believes there will be difficulty for these folks to claim that during this 20 year period in the past they did not reserve the right to prevent someone from coming through the Page 9 April 21, 1992 property to access the Crescent Beach property or any other property that was undeveloped at that time. In response to Commissioner Volpe, Assistant County Attorney Weigel advised that the chance for successful litigation ~s almost nil. Mr. Wetgel explained that there is an alternative for the Southwtnds condominium, to relocate Its driveway on a very narrow geographical area. He indicated that this appears to he the only Solution to the incompatibility of a driveway that is to be used by the public at large, as a public access way. Mr. Wetgel referred to an exhibit of potential access points along the Marco Beach, and provided the history of conveyance of each. In response to Commissioner Volpe, Mr. Wetgel explained that eminent domain ts certainly a tool for the County for a clear public purpose. He revealed that from a visual Inspection of the area, parking appears to be a practica/ impossibility. The fo/lowing persons spoke with regard to this item: Mr. Norman Thomson Ms. MariJane Simmons Mr. Joe Col/ins e~ l~e~eeee~: 10:28 A.M. - Raconvened: 10:35 A.M. at which tiaa Depu~F Clerk ~u~vin replaced Deputy Clerk Hoffman ''' The following people spoke regarding this item: Margery Walker, representing Seabreeze, Seabreeze South, Seabreeze West and Aquarius Condominiums (Tape #~ and #2) Tape ~2 Smith Thompson John Dopp Jack Botsford, representing Admiralty House Ray Parer Commissioner Shanahan suggested that the parties be encouraged to ~eet in order to discuss a private access to the beach controlled by ~embers of the group. He volunteered to chair any effort in that direction. Commissioner Hasse concurred with Commissioner Shanahan's suggestion. Commissioner Volpe Indicated he would not support Collier County Page 10 April 21, 1992 acquiring this access point by way of prescriptive easement. He stated, however, that he would be supportive of pursuing eminent domain action with the caveat that he is unsure whether of the 11 possible access points on Marco Island, this ts the access point that will provide the greatest public accessibility. Commissioner Saunders agreed that pursuing this access through prescriptive easement is not a practical approach for the County, however, that does not prevent the property owners from pursuing that remedy. He also agreed in principle with an approach by eminent domain, but cautioned that there are many difficult issues to be eva- luated when discussing acquisition of easements through that method. He encouraged residents to take advantage of Commissioner Shanahan's offer to work out a mutually agreeable solution to both parties. Commissioner Goodnight added her support to Commissioner Shanahan's suggestion, adding the residents wishing access through the Grescent Beach property should be willing to pay for any improvements necessary, such as a card-gated fence. She also stated she is very supportive of eminent domain action. It ~ th~ con~ens~ that Commissioner Shanahan meet with affected resters to sxplors card-gated entrance to be shared by all parties. Staff directed to ret-~rn in 30 days with updated report o~ 11 pre- vI~IT 14~ntlfte4 potential access sites, the Beach Club wmlkway and the ~l~]e~t sits for possible acquisition by gift, purchase or e~tnent · ''Recass~d at 11:55 A.M. - Reconvened at 12:10 P.M. at which ttae Deputy Olerk Meyers replaced Deputy Clerk Ouevtn Item #?B JOHN L. NORMAN REPRESENTING WSGL-FM REGARDING A VARIANCE TO RI~PLACE AN EXISTIN~ TO~ER - STAFF DIRECTED TO DRAFT AN ~NT TO THE TOWER ORDIIZ~NCH ADDRESSING NON-CONFORMING USES John Norman, representing WSGL-FM, explained that they have been operating at their current site since May 10, 1980. He mentioned that under the new ordinance they are not zoned properly, in this Estates section. He noted that the tower is shared by twelve other users, Page 11 April 21, 1992 ]ncluding Collier County Emergency Medical Services and the Federal Bureau of Investigation. Mr. Norman explained that his request is to replace the tower that is already there with one that is stronger. Co~issicrner Sannders moved, seconded by Co~misaioner Shanahan and c~ ~t~ly, to direc~ Staff ~o draft ~ ~en~nt to the T~ ~~e ad~ess~n~ non-conform~n~ uses. T~ ~ ~~ION 92-2S6 ~ING ~E I~E~OC~ AG~~ BE~KN COLLIEa ~ ~ ~ COLLI~ CO~ HOUSING A~ORI~ DATED NO--ER ~99~, ~ING ~ ~S~ION AG~~ FOR ~E ~S~ OF SE~I~ S ~ISTIN~ HOUSING ~~ - A~ED Russell Shreeve, Director, Housing and Urban Improvement Department, explained that due to some comments received from the Housing and Urban Department, an amendment is needed to the Agreement entered into in November, 1991, to note on page one of the Amendment to the Interlocal Agreement within the 'Audit' section the second to the last sentence should read: "...shall be borne by the County and paid out of the Section 8 Administrative Fees." He noted that the date of the transfer is changed to July 1, 1992. Frances Barsch, member of Taxpayers Action Group, said it might be better to do a full year audit with the County, then have the date of transfer take place in October. Co~J~ioner Goodnight ~oved, seconded by Co~issioner Saunders ~ =~x~ tan~n~mtou~ly, to approve the A~end~ent w~th the changes, t~em~y m~eptl~g Resolution 92-236. 27 Page 12 April 21, 1992 see ~=~.m~: 12:55 P.M. - Reconvened: 1:30 P.M. at which time De~F Clerk Ferric replaced Deputy Clerk Meyers ''' Xte~NA1 R~,~OF~2TION 92-2S7, ~ PETITION ~-90-3, ~ORIDA CITIES WA~ CO~ ~X~ ~SION OF CO~ITION~ USE FOR WA~ STOOGE T~ FOR ~~ ~A~ B~EN G~N ~~ ~ 15~ A~ S.W., O~I~ ~I~ ~~ - ~D Community Development Services Administrator Brutt explained that Petition PU-90-3 regarding an extengion of the Conditional Use for a water storage tank for property located in the vicinity of Green Boulevard and Sunshine Boulevard was originally approved back in 1990 with one subsequent extension. He revealed the reason for the requested extension is due to economic conditions. He relayed staff's recommendation that the second extension of the Conditional Use be granted. ~Aui~r Hesse moved, seconded by Conieeloner Goodnight and =~x-r~ ~l~l~l~, to ~rant the one year extension of Petition ~S, tl~-e~ &dopting Resolution 92-237. Page 13 April 21, 1992 ACCKPTA~C~ OF WATER FACILITIES FOR PACE WAREHOUSE - APPROVED WITH STIPOLATIONS Community Development Services Administrator Brutt explained the request for acceptance of the water facilities for Pace Warehouse, per the stipulations detailed in the Executive Summary. He relayed staff's recommendation for approval of the stipulations and acceptance for Pace Warehouse. Comm, o~ioner Shut, than moved, seconded b~ Co,.~isstoner Ooodnight ·nd ~A~ ~~ly, to appr~e accept~ce of the ~ter facilities for ~ ~~, nb~ect to staff's pro~s~ sti~lattons. OR BOOK 1716 Pages 1969 - 1981 Itu i (f~ly ~16H6) A~ NI~ ~ CI~ OF N~LES i~ N~LES W~HOUSE 1LIMI~D P~IP ~ ~DE I~RIM S~R SERVICE FOR PACE W~HOUSE - ~ ~O~IZING SE~ICE WILL T~INATE ON OR BEFO~ 12/31/92 Community Development Services Administrator Brutt relayed the recommendation for approval of the Agreements with the City of Naples and Naples Warehouse 1 Limited Partnership to provide temporary sewer service for Pace Warehouse. He confirmed the Agreements have been reviewed and approved by the Collier County Utility Division as well as the County Attorney's Office, and that a representative of the applicant is present today. In response to Commissioner Volpe, Tom Conrecode, Director of Office of Capital Projects Management, reported that the Collier County Utilities is expected to be on line and able to take over this particular function on or before December 31, 1992. Co~[maloner Smunders m~ved, seconded by Commissioner Hames and c~xTiod ~iB~mz~ly, to approve the A~reements with the Cit~ of Naples and Naples Me~ehonoe I Limited Partnership to provide interim sewer service for Pace Warehouse. Page 14 April 21, 1992 AC~EPT~ OP WATER FACILITIES FOR AUDULY BEACH AND TENNIS CLUB A/K/A MI~ ~ AND TENNIS CLUB - APPROVED WIT~ STIPULATIONS Community Development Services Administrator Brutt conveyed staff's recommendation for acceptance of the water facilities for Audul¥ Beach and Tennis Club a/k/a Miramar Beach and Tennis Club, sub- ~ect to the stipulations outlined in the Executive Summary. Oo~lulomer Shanahan moved, seconded by Commissioner Huse and ca~rrt~ ~anmni~o~ly, to accept the water facilities for Auduly Beach mud Tennis Club s/k/a Miramar Beach and Tennis Club. OR BOOK 1715 Pages 1349 - 1356 Page 15 April 21, 1992 Item ~7C ISLE~ OP CAPRI CIVIC ASSOCIATION RE BEACH PARKING AT SWALLOW A~NUE AND ~OOTH COT~LIER BLVD., MARGO ISLAND - COUNTY ATTORNEY REPORT ACG~EPT~D/STAFF DIRECTED TO PROVIDE ADDITIONAL INFORMATION County Attorney Cuyler provided the Board of County Commissioners with a nine page memo which lays out the background and analysis of the issues. The following persons spoke to the issue of beach parking at Swallow Avenue and South Collier Blvd: Nancy DeVolder, President of Isles of Capri Civic Association ' George Carse, Chairman and Spokesman for Isles of Capri Civic Association Harry Cowin, President of the Civic Association of Marco Island Milton Leonard, Secretary of MICA (Marco Island Civic Association) Frank Blanchard, representing the Marco Association of Condominiums David Dawson, Attorney representing the Marco Island Civic Association '' Dave Brunet, representing the Isles of Capri Civic Association · '' Smith Thompson · Read an excerpt from an article in today's Naples Daily News · 'Relayed request of Isles of Capri Civic Association that the Board of County Commissioners approve a motion directing staff to clear title to the beach access and also the parking lot with the power of eminent domain. '''Presented Memorandum dated April 16, 1991 In response to Commissioner Hasse's questioning, County Attorney Cuyler stated that the 20' strip along the northern portion of the subject site was deeded to Collier County with a reverter, which will be removed under the PUD when the MICA (Marco Island Civic Association) parking lot is deeded, and that the 20' access will be Collier County property with the general public having the right to access same. County Attorney Cuyler explained the County has not been formerly notified and, therefore, he does not know the status of the reverter situation. Tape e4 Commissioner Volpe interpreted County Attorney Cuyler's opinion to be that the Board of County Commissioners does not have the authority to direct staff to proceed with an Amendment to the PUD with respect to changing of the provisions as they relate to the parking lot, and Page 16 April 21, 1992 County Attorney Cuyler confirmed his assessment is correct. County Attorney Cuyler pointed out that one alternative available to the Board of County Commissioners is to consider eminent domain. Co~lseloner Saunders moved, seconded by Co~issioner Hesse, to mcC~ C,~nx~'L'~ Attorne~ Cu¥1er's report while going on record that the Board of CountF Co~.aissioners is neither desirous of nor contempl&ting amending the Planned Unit Development document to affect or delay the developer in anyway and, secondly, to instruct the County Attoruey's Office to explore the issue of eminent do~ain to acquire the parking lot, ~t And whatever contractual rights MICA (Marco Island C~vl¢ A~e~c~&tion) or MIBA (Marco Island Beach Association) ~a¥ have ~ t~ tw~ p~a'cele of land. Commissioner Volpe referred to the last paragraph of County Attorney Cuyler's memorandum, and County Attorney Cuyler explained the intent of same. Commissioner Volpe expressed a desire to avoid Immediately excluding the possibility of proceeding with an Amendment to the PUD. Commissioner Saunders explained the expected results to his motion is that the County Attorney will pursue the eminent domain action to acquire the contractural rights of MiBA, MICA and any other problems with the title to the parking lot and, ultimately, there will have to be an Amendment to the PUD that reflects the change in ownership from MICA to Collier County. He cautioned that once the Planned Unit Development document is opened it also opens up all issues associated with it. A brief discussion ensued regarding the value of the property in question. In response to Commissioner Volpe, Commissioner Saunders reiterated his feeling that County Attorney Cuyler should report back in a few weeks with the requested information. It was the consensus that County Attorney Cuyler has the authority to discuss the matter with MICA (Marco Island Civic Association), MICA's representatives, and all parties involved. Page 17 April 21, 1992 In response to Commissioner Volpe, Commissioner Saunders commented that, if the motion passes, it indicates the property will be taken thru eminent domain and County Attorney Cuyler will report back in a few weeks that he is ready to file the action. K~em ~mll for the question, the ~otion carried unanimously. It~m~fD ~ FL&)ItlD~ MATER ~AG~ DIS~I~'S D~ OF L~ ~ST COAST ~ ~Y ~ - ~S~D/NO ACTION ~QUI~D Michael Slayton, representing South Florida Water Management District, introduced Sharon Troest (phonetic), who distributed a han- dout identified as South Florida WaTer Management District Water Supply Planning and proceeded to briefly summarize same. She revealed that, in order to identify anticipated problems in the four county area around the year 2010, it was necessary to determine the future water needs, and proceeded to briefly explain how such determinations were made. She referred to the 32 pages in Chapter 38 which sum- marize the Collier County water supply situation, copies not provided for the record. She reported areas of potential concern over the next twenty years include possible environmental impact and water quality degradation in the water table around Marco Island Utilities. She confirmed that the South Florida Water Management District has placed $250,000 in the budget next year to do a pilot study on aquifer storage and recovery in the Marco Island area. Additionally, she identified the lower Tamiami aquifer in both the Naples Coastal Ridge wel]field and North Naples area as potential concerns. She suggested development of an Ordinance prohibiting drilling and use of additional lower Tamiami wells by both domestic irrigation for lawns and small agricultural irrigation along the coastal area. She included among the methods for implementing the water supply plan working with local governments to either have feasibility or engineering studies funded by South Florida Water Management District to implement certain actions or have them provide seed money for reclaimed water use, ASR studies, reverse osmosis studies, or long term monitoring of environ- Page 18 April 21, 1992 mental impact; changing the "Basis of Review for Consumptive Water Use Permitting", the document whtch governs how water ts allocated; or by operation changes such as where water levels are malntained in canals and lakes. Mr. Slayton provided an overview of some of the past water supply improvements made in the area as well as some of the planning items for the future which are gutded by the planning draft document. No action was required regard]n~ thts item. oo~~ _ 3:30 P.M. Reconvened at 3:45 P.M. a~ ~ch ~ ~TX~ ~ ~ ~ 92-1851 ~R ~ ~~Z OF A NI~SI~ F~ ~ ~ ~R ~ ~0~ FI~ COBOL DIS~ICX - AW~;D TO Jay Reardon with Emergency Services explained that this item deals with the purchase of a mid-size F~re Rescue Pumper and Staff is recom- mending that it be awarded to S + S Apparatus. He discussed that there had been a protest from a h~gh bidder, but that has been resolved. He stated that this Pumper will be housed at the Ochopee Fire Station on U.S. 41. Co~tn~oner Goodn~ght moved, seconded by Comm~aaloner Hesse and cmr~ ~m~n~ou~l¥, to ~rd ~P 92-1851 ~o S + S A~ara~us ~n ~he ~t of 897,824 with the ~derst~d~ng that the ~tching f~ will AWARD BID 92-1855 THE PROCESSING OF WASTH TIRES AT [I~IOF~LEE LAKDFILL - CONTINUED TWO WEEF~S Reginald Boucher, with Solid Waste, referred to the Bid Evaluation within the Executive Summary and noted Modern Recycling, Inc. has the lowest net bid, and reviewed three Alternatives that Staff presented in their report. CommAssAoner Saunders expressed that he would like Waste Page 19 April 21, 1992 Management contacted and request they offer the County some advise on what could be done. Commissioner Volpe discussed that some of the concerns are that the County has paid a fine to the DER for failure to comply, and there are reservations about this item because the previous company that was awarded this contract has not been able to perform. He said that this could be one of those instances where the bid should not be awarded to the lowest bidder without some consideration as to credibility. Commissioner Shanahan expressed that he would be uncomfortable with going ahead and awarding this bid, and concluded that more analy- sts and study should be done, with respect to each of the bidders as well as more information on handling this in-house. Mr. Boucher commented that the Department of Environmental Regulation wants to see the tires remain at the landfill and be pro- cessed for ground cover, etc. County Manager Dorrtll requested that the Board authorize a con- tinuance of two weeks on this item to see if this company would accept a shorter term contract, and have Staff refine the estimates to acqlllre the capital equipment to handle this. ~4~ui~lo~er l~ms~e moved, second~ ~ Co~tssioner ~ight ~t~ ~tmly, to conti~e this item for Jo~ Keschl commented that he ts In favor of the County looking into these companies further. ~~ ~ ~R FIN~CIAL ~VISORY SERVICES WIH NATIONS~ ~~ - ~ DI~C~D TO ~P~ A ~ CO~CT ~ · ~IA~S Mike McNees, Budget Director, reported that the primary contact Marc Samet, County Financial Advisor, is now with Raymond James and Associates, and Staff ts recommending that the termination clause be exercised, with thirty days notice, and a new contract be entered into with Raymond James and Associates, In order to maintain continuity of Page 20 April 2~, 1992 service. County Attorney Cuyler reported that one of his attorneys has been working with the Budget Office. Co~lLilsioner Smunderm moved, seconded b~ Commissioner Goodnight and c~rried unanimously, to waive the competitive selection and ~FJrr~rm Staff's recommendation and that the contract include a provi- sion~tp~l&tlng that Raymond $~mes cannot participate or attempt to mollctt und~rwriting services with tbs County as long mm they are mer~t~ m~ fLea.c1&1 advisor. it~rlo~ 92-231 APPOINTING NI~E M~BERS TO THE TOURIST DEVELOP~XFT COUNCIL - ADOPTED ~mi~er Saundsrs ~oved, seconded by Co---tastoner Goodn~ght a~d e~rrle~ ~nanl~usly, to appoint Liana Buysse, Donald York, and Xim · olmza ~.. Ion-Owner/Operators, there./ adopting Resolution 92-23B. ~Assioner Shanahan ~ved, seconded by Commissioner ~asse and carried unani~u~ly, to appoint Char/es Popper, Kevin Durktn, and Bud Dlvis ~10~tx~er/Operators, thereby adopting Resolution 92-238. ~Asstonsr Shanahan ~oved, seconded by Co=~iesioner Saunders and carrie~ ~n~nl~ou~ly, to appoint Robert Robinson and Paul Musnzer aa e~e~ IlU~ictpel officials, and Michael $. Volpe as Chairlan, thereby · doptt~ ~eemlutton 92-238. ~mtone~ S~undsrs ~oved. seconded by Com-tssioner Shmn&han and c~r~l~~l~ov~¥, to allo~ the ne~ Council to select their te~ma by ~ot k.~ ~l~g str~w~ and directing Staff to prepare a Remolution. '0 7.3 Page 21 lkmlmtY Clerk Hoffmmn replaced Deputy Clerk ~ers at this tt~ 62-239, ~I~ING ~~ TO ~E FOIST ~S RO~AY ~ Ce~misete~er liamse ~0~ed, seconded by Comatsstoner Shimahan and cerled ~ma~lmoumly, that Jerrt Kautsk7, Edward F. Hay, George R. kh~elzle, Robert P. Schoeller and Roger Somerville be appointed to the For~t L~ce~ Roadway and Drainage N.S.T.U. Advisory Co~atttee, ~ ~Sopting R~wolutton 92-239. Page 22 April 21, 1992 92-240, RECOmmENDATION TO THE GOVERNOR FOR APPOINTMENTS TO CI[ILI~NeS SKRVICE$ COUNCIL - ADOPTED Couisstoner Shanahan remarked that he has served as the Board's appointee to the Children's Services Council since its Inception. He stated that he has appreciated the opportunity to serve but feels it is time to change the Board's appointee. C,e~mm~iwl~r ~ae ~oved, seconded by Coatsstoner Shanahan and ~1~ ~~ly, to accept Comtssioner $hu~'s rest~tton ~d t~t ~Nl~r ~der8 ~e ~ the ~ard'a a~tnt~ on the SilK's ~,l~s actl. ~lel~r Vol~ re~rk~ that he does not object to fo~dtng tk ~ of t~ six a~lic~ts to the Oovemor, ~t noted t~t he ~ld 1t~ to e~ms n~rt for ~ Ellen ~elde ~d Th~s B. ~ith, of t~ S~riff~s Office. ~ foll~t~ ~rmons ~ltted applications for sp~tnt~nts to ~ ~11~ ~.ld~ ~ 61S~ ~bkin ~~1~= ~erm ~ed, seconded ~ Ooatsstoner Sh~ to ~o~ ~ ~ of the mix i~licuts to the aovemor for ~tnt- Mrs. Frances Barsch spoke with regard to this item. ~ ~11 for t~ ~sstton, the ~tton clrrt~ 3/2, (Oo~tsstoners ~ ~ ~ol~ ~~), there~ adopting Resolution 92-240. A discussion ensued with regard to the Commission's support of a mechanism to solicit as much input as possible from the public who may wish to serve on the various advisory boards. ~t~iur ~ders ~vsd, asconded ~ Oo~tsstoner Hames ~d c~tg ~t~ly, t~t the Caty ~ directed to find a way to ~ t~ ~bltc a~ertlse~nt of ~sittons available on all advi- Page 23 April 21, 1992 ~ ~ in &Il th~ Dependent Districts, including the I~mok~lee ~t~/~ District, ~tl~"s Se~tces C~ctl ~d ~y other agen~ Page 24 April 21, 1992 COnSIDerATION OF NO SMOKING IN ANY OF THE COLLIER COUNTY ~'UBLIC FJbCILITIE~ - POLICT TO BE I~~ED C0NSISTE~ WI~ ~ CL~ AIR ~ ~ ~ING ~OHIBITED IN G0~~ ~D BUILDINGS; ~AG~ TO I~TI~ ~BSATION ~~S ~ ~RT BACK IN 60-90 DAYS Commissioner Saunders recalled that during one of the Strategic Planning Workshops a suggestion was made to develop a policy with respect to no smoking in all government controlled buildings. He indicated that this would require the employees and public desiring to smoke to go outside for that purpose. He advised that the Constitutional Officers concur with the proposed policy. ~X~Xon~r Saunders moved, seconded by Commissioner Shanahan and C~1~ u~a~ntmonsly, that a policy be implemented consistent with the Florl~ Clean Air Act, but prohibits smoking in all government ¢ontFo]l~ tm/tidings, i.e. government owned and leased buildings; and the CountF Man~ger to investigate and report back in 60-90 days on Xte~e12¢l ~RO1~)~1~ ~ AGREE)~E]~r ~IT~ THE DEPARTMERT O~ CO~D~I~NII~/ AFFAIRS ~rx~"~ ~'gx~ o~ POLICY 2.2 Legal notice having been published in the Naples Dally News on March 30, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was continued from April 14, 1992. Growth Planning Director Blanchard advised that this item was con- tinued from the April 14th meeting. Mr. Blanchard recalled that last week, two Issues were discussed: the M~ller Boulevard Extension (this has since been resolved through a memo from DCA); and whether or not a mail out is to be pursued after receiving notification from DNR of their acquisition program. He indicated that he recommended that Po/icy 2.2 be deleted since this is a duplication of an effort that DNR is currently undertaking. Ne noted that should the Commission desire to go ahead with a mail out, the cost for same will be approximately $5,000. Page 25 April 21, 1992 Assistant County Attorney Student called attention to the Agreement, noting that references are made to the Plan Amendment, throughout; dates have been included; a No Admission and Non-Compliance provision is included on Page 3; clarification language relative to what an exhibit controls on Pages 6 and 7; and the inclu- sion of a waiver provision on Page 9. Ms. Student advised that the Region wants to sign off on the agreement, therefore, the signature page will be adjusted accordingly to provide a place for the Southwest Regional Planning Council to sign off. Mr. Oliver Durfey spoke with respect to the Settlement Agreement. ~,4~mmi~ml~ Shanahan moved, seconded by Co==issioner 6oodnight ~ ~XTt~ ~n~nl~ly, to close the public hearing. Commissioner Saunders voiced concerns with regard to the County cooperating too greatly with the DNR in their acquisition program. He remarked if DNR and the state are going to acquire property, the County should facilitate that to the greatest degree possible, however, there may be some actions taken by the state that could result tn some liability. He indicated if the County Imposes strict regulations, it may be stepping into that liability situation with the State. Mr. Blanchard stated that Ms. Brett of DNR reported that they do have sufficient funds to proceed with the designated acquisitions, noting that they have the possibility of using eminent domain, if necessary. (N~sml~tos~er Sh~xlahan ~oved, seconded by Co~stsstoner 6oo4nlght ~ ~-~A~ ~t~ly, to approve the Final Stipulated with the Ilortda D~partment of Co~unit¥ Affairs, ~bJ~ct to the ~eletl~ of Poltc~ 2.2 ..Ill 000,,;: 8t Page 26 TOPICS April 21, 1992 Mr. Oliver Durfey spoke to a newspaper article with regard to the destruction of & helicopter engine and the cost to repair same, which he feels was due to pilot error. County Manager Dorrtll explained that this issue has been deter- mined to be an accidental situation, and proper notification has been placed in the employee°s file. He advised that the pilot did attempt to extinguish the fire, however he was unable to do so. IrefUl4 BOAR~ OF COU~I~f COg~ISSIONERS' COM~INICATIONS Commissioner Goodnight stated that she will be out of town on May 6th. She remarked that this is the date of the second public hearing with respect to the Parks and Recreation and EMS Impact Fees. She requested that these items be continued until she returns. County Attorney Cuyler advised that the Commission will need to meet on the 6th of May and then continue the hearings for another date. Commissioner Shanahan indicated that he received a call from Mr. Swinger, and requested that the Commission sponsor a group of senior citizen card players, one day a week at the East Naples Community Park. County Manager Dorrtll Indicated that he will look into Mr. Swlnger's request. Commissioner Volpe remarked that in a number of recent instances, he has comments from the public indicating that it is an inconvenience for them to sit through the meetings all day long and excludes the working people from participation in some of the public hearings. He asked the Commission that consideration be given to occasionally sche- duling a regular meeting during the evening. Commissioner Goodntght suggested if there is a hardship, that mem- bers of the public contact the Chair and request that those items of Page 27 April 21, 1992 interest be heard at the beginning of the meeting, or set a time spe- · '' Co~mANAoner llasse ~oved, seconded by Co=~tss/oner Shanahan · m~ ~n-ted =n~ntml¥, that the following items under the c~ewnt ~end~ be approved and/or adopted: Its #16A1 ~ AlII[UAL OONTRIBUTIONS CONTRACT FOR SUBMITTAL TO THE U.S. DEPIti~Ig~T OF HOUSING AND URBAN DEVELOPMENT FOR SECTION 8 HOUSING A~SI~TA~ Its IM~'~EPT~'~ OP IRI~VOCABLE STANDBY LETTER OF CREDIT TO GUARANTEE O~.~TX~ OF EXCAVATION PERMIT NO. 59.442, "SOUTHAMYTON" See P,,ges /Jo-/3 / Its A(~J~PT~ OF [~ FACILITIES ~R ~D ~S, ~IT 5, ~Sl III-A - ~ ~TION~ Its ~1~A4 R~$OLUTXON 92-233, ~RANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, Di~AIHA~, ~T~Rw AND SEI~ER IMPROVEMENTS FOR THE FINAL PLAT OF "EMERALD ~ AT ~RII)(t~"~ LAE~ UNIT 5, (PHASE 3-A)" - WITH STIPULATIONS AS D~TAILKD IN THH EXECUTIVE SUI~iARY See Pages l~Tl~ 92-234, ~RANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY AND ~ ~ FOR THE FINAL PLAT OF "CAMBRIDGE AT P~LICAN BAY" - ~IT~ ~TII~I~TION~ AS DETAILED IN THE EXECUTIVE SUMMARY See Page Xte~ - ]~ OF D~TAILED WATER MANAGEMENT PLAN FOR "OLDE FLORIDA GOLF ~.~]Bs --* ~TI[ ~TIP~L~TION~ Itself7 ~I~O~UTIO~I 92--23~, FINAL PLAT OF "A RKPLAT OF TRACT 17, GOLDEN G&TE · ~T&T~, ~IT NO. 193" Item~16B1 See Page. Page 28 April 21, 1992 ~~ O~P D~DICATION OF A 30 FOOT STRIP OF LAND IN EDEN PARK Se. P.ge FOR EL~ATION OF ROADS IN GOLDEN GATE ESTATES AND BUDGET ALLOCATING FUNDS TO PURCHASE ROAD SUBGRADE MATERIALS FOR IMPLEMENTATION OF ACCESS CONTROLS AT THE OF EDGEWOOD DRIVE/PINE RIDGE ROAD AND WOOl)SHIRE ~II~ ROAD ACCEPTANeJ~ OF DEDICATION OF A FIVE FOO? SIDEWALE/BIIiEPATH EASIDIEI~T FRO~ K%~I~ #. COIENELL AND PAVILLION CLUB CONDOMINIUM ASSOCIATION, INC. > ,. -GENEiIALFU~D (FUND 001) AND LIBRARY CIP FUND (307) BUDGET Ires AGRE~NT ON BItS COLLIER PUBLIC HEALTH UNIT (CCPHU) OBJECTIVES RE I~]BLIC IE~ALTR SERVICES OUTCOM~ INDICATORS See Pages 7 APPO~ OF OFFICERS TO COLLIER COUIITY AGRICULTURAL FAIR AID I{][P~X1~(~[, INC. BOARD OF DIRECTORS - AS DETAILED IN THE EXECUTIVE 115 Page 29 Apr1] 21, ~992 ACCEPTANC~ OF S~IJ~R FACILITIES FOR NAPLES INDUSTRIAL PARK OR BOOK 1713 Pages 2342 - 2392 Item.l&D~ - Deleted ~L~TZON OF CO~r~ULTANT FOR MASTER PUMP STATION 3.20 - RFP ~92-1838 - ~TAFF TO II~OTIAT~ WITH WILSON, MILLER, BARTON & PEEK, INC. ~]EL~T~OF CONSULTANT FOR MASTER ~ STATION 3.17 ~ ACC~ING ~ ~ -- ~ ~2-1839 - ST~ TO ~GOTIA~ WI~ ~~ · ~ *BID~--IO02 FOR N~LLFIKLD M&IRTEN&NCE AND REHABILITATION - TO AQUIFER M&I~ & t~B~FOI~tARCE SYSTEMS OF FT. LAUDERDALE It~ ,26D7 ~TIP~]T~kTKD FINAL JUI)GM~NT RE EASEMENT ACQUISITION 0F PARCKL NUMBKRS 7.60 AND 7.61 IN THE EAST AND SOUTH NAPLES SANITARY SEWER PROJECT Ite~ ,16D~ STII~ILaTL'D FINAL JUDGMENT RE EASEMENT ACQUISITION OF PARCEL EI]MBKRS 4.60 ad~D 4.6! IN THE EAST AND SOUTH NAPLES SANITARY SKWKR I'ROJECT SeePages Item d~16D9 - Continued Indef/nttel¥ ~TIO~ ~ ~ BID ~2-1863 ~ A~ORI~TION TO CO~I~ ~ ~ ~ SO~CES ~R ~OID 600 FI~ BID~l--183~ FO~ g-ROOFING OF THE II~IOKALEE ADMINISTR&TION BUILDING -- TO ~OE~,I~R CO~N~"~ ROOFING, INC. IN ~ AMOUNT OF $36,585 AUTHO~TZATIO)I FOR ADDITIONAL FUNDING FOR THE COUNTY'S THREE LANDFILL AND TMO 9EHICLE NAINTENANCE FACILITIES PARTICIPATION IN THE FLORIDA ASSOCI&TI011 OF COUNTIES, INC. GROUP NPDES STORMWATER APPLICATION Page 30 April 21, 1992 Item &M:KN~B~T. TO KNGXffEERING CONTRACT WITH WILSON, MILLER, BARTON & PEEK FOR T~ ~XC~N ~&¥ S~RVI~S ADMINISTRATION FOR CO~I~D ~C~S See Pages ~ TO ENGINEERING CONTRACT WITH WILSON, MILLER, BARTON & PEEK FOR T~ FELICAN BAY SERVICES DIVISION FOR DESIGN, PERMITTING, CONTRACT AD~/N~TRATION FOR PORTION OF PELICAN BAY SYSTEM V WATER MANAGEMENT ~ - IN THE AMOUNT OF $19,800 See Pages ltem#16H~ A~FTN~XT-aTION OF ~OLE SOURCE WORK ORDER FOR REMOVAL AND RELOCATION OF ~L~CT~/C&L S~3~V/C~ POLES B~ FLORIDA POWNR AND LIGHT FOR CAMPUS PARKING See Pages , Zt~ JI6H6 -Movod to 8H2 Item Jl&Jl L'~3~f~YE~ OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE ~ APPRAISER' S 0FFICK 1989 No. 290 Dated 4/9/92 1990 No. 313 Dated 4/9/92 NO'S. 170-175 No's. 86-89 1991, Dated 4/3 - 4/15/92 TANGIBLE PERSONAL PROPERTY 1991 Dated 4/9 - 4/10/92 000 ii7 Page 31 21, ~992 ~rrP. A ~IL~N TI"M~ FOR INMATE NO'S. 53582, 61070, 38287, 46637 AND 66677 &AT~F4~T/Q~ OF LI~S FOR S~I~T~$ OF TH~ PUBLIC DEFENDER ~J~[~J~[OO~ CORRESPONDENCE - FILED AITD/OR REFERRED The following miscellaneous correspondence was f/led as presented by the Board of County Commissioners: Page 32 April 21, 1992 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chalr - T~me: 6:15 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ?,-mi presegted' '~"~ or as corrected 000,,, :122 Page 33