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BCC Minutes 01/07/1992 RNaples, Florida, January 7, 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 law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Burr L. Saunders Max A. Hasse, Jr. Patricia A. Goodnight James C. Giles, Clerk; John Yonkosky, F~nance Director; Annette Guevin, Ellie Hoffman and Debby Farris, Deputy Clerks; Neil Dorrill, County Manager; Jennifer Pike, Assistant to the County Manager; Ken Cuyler, County Attorney; MarJorie Student, Assistant to the County Attorney; Frank Brutt, Community Development Services Administrator; William Lorenz, Environmental Services Administrator; Bob Fahey, Solid Waste Director; Tim Clemons, Wastewater Director; Bob Blanchard, Growth Planning Director; Heyward Boyce, Compliance Services Manager; Dick Clark, Code Enforcement Supervisor; Bryan Milk, Bob Lord and Chahran Badamtchian, Planners; Sue Filson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page 1 January 7, 1992 ,' Tepe#l Item #3A AGENDA - APPROVED WITH CHANGES Co~-ieetoner Volpe moved, seconded by Commissioner Shanah~n and carried 5/0, that the agenda be approved with the followAng changes: Item #16D? - Selection of Collier County Master Plan Consultant - Deleted. (Requested by Staff.) Item #16D9 - Recommendation to adopt a resolution authorizing the acquisition of perpetual utility easements by gift, purchase or condemnation for the construction of pipeline and water well sites required for the Collier County Water-Sewer District Golden Gate Wellfield Expansion - Moved to #8D1. (Requested by Staff.) Item #7A - J. Dudley Goodlette representing Anchor Reef Club SDP-91-52 - Continued. (Requested by Petitioner.) Item #16C! - Recommendation to have the Board of County Commissioners approve the attached budget amendment recognizing carry forward within Fund 367 - Continued. (Requested by Staff.) Item #16Dll - Approval of granting access easement over and across North County Regional Water Treatment Plant site - Continued to 1/14/92. (Requested by Staff.) Petition AV-91-15, Falling Waters - Petition to vacate Tracts "M" and "N" and two drainage, maintenance and access ease- ments located on the plat of Falling Waters - Continued to 1/14/92. 7e Item #gA - Recommendation that the Board of County Commissioners approve the attached budget amendment to pay for services rendered by expert witnesses retained by the County in preparation for the administrative hearings resulting from the Citizen's Political Committee's Challenge to the Zoning Reevaluation Ordinance and Adequate Public Facilities Ordinance - Continued to 1/14/92. (Requested by the County Attorney.) 8e Item #16D1 - Selection of consultants for 1992 capital pro- Jects - Moved to #8D2. (Requested by Commissioner Volpe.) Item #16D12 - Approval of addition of one Utility Billing Clerk I/II position in Utilities Finance Department - Moved to #8D3, (Requested by Commissioner Volpe.) AGENDA - APPROVED AND/OR ADOPTED The ~otion for approval of the Consent Agenda is noted under Item ,16. Item MINUTES OF BCC SPECIAL M~ETINQ OF 9/5/91, ~EQULA~ MEXTIN~ OF 9/17/91, BUD(IET M~ETING OF 9/18/91, ~G~ ~ETIN~ OF 9/24/91, SP~CI~ ~HTING OF 9/25/91, ~ V~ ~S~ BO~ ~ETINGS OF 9/26/91, 9/27/91 Page 2 AND 9/30/91 - APPROVED AS PRESENTED Jan~ar~ ?, 1992 Commissioner Shanahan moved, seconded by Coulsstoner Hue. and carried unani~a~xsly, to approve as presented the Minutes of the BCC Special Heettng of 9/5/91, Regular Meeting of 9/17/91, Budget Meeting of 9/18/91, R~ular Meeting of 9/24/91, Special Meeting of 9/25/91, and Value Adjustment Board Meetings of 9/28/91, 9/27/91 and 9/30/91. ~ SERVICE AWARDS - PRESENTED Commissioner Hasse congratulated the following Collier County employees and presented their service awards: Roberts Garrard, Library Steven Thomas, Utilities/Wastewater Thomas Nobles, Development Comp. Jean Wetbling, Social Services - 5 years - § years - 5 years - 5 years Item RECOI~IENDATION TO RECOGNIZE [EETH KIPP, ENVIRONMENTAL SERVICES DMSION, AS EMPLOYEE OF THE MONTH FOR JANUARY, 1992 - CONTINUED Item #5¢ S~L~CTXOR OF ~g~ C~AIP~L~R - MICHAEL VOLPE SELECTED AS C~AIR~&R ARD RXC~RD S~A~&~AR AS VIC~-C~AIRMA~ Co.missioner Huse ~ovsd, seconded by Co~tsetoner Saundsrs and carried ~i~ual~, that Co. la.loner Volpe ~ nomtnate~ aa C~tr~ of the-Co/l/er Cowry ~ard of Co~y Co~/s~toner~. Co--Isotoner Ha~e ~ved to nominate Co~ts~toner Sa~der~ a~ ~ ~tton died for lack of a ~econd. Co~ieeloner Hesse ~ved, seconded ~ Co~i~ioner Sanders ~d c~rA~ ~t~ualy, that Co~isaloner Sh~ ~ noainated ~ Vtce-C~tr~ of the Collier Co~ty ~ard of Cowry Co~to~/onere. ee~ ~cemoed: 9:1~ A.M. - Reconvened: 9:20 A.M. eec Colmiesloner Bases moved, seconded by Couissioner Shanahan and carried unanimously0 that Budget )Uaendlents 92-85/92-86, 92-08/92-91 ..and 92-94 through 92-9? be adopted. ::.i BUD(lET ~ I~SOLUTXON 92-9 - ADOPTED January ?, 1992 Commissioner Hasse moved, seconded by Commissioner Shanahan and carried unanimously, that Budget Amendment Resolution 92-9 be adopted. Page 4 January ?, 1992 APPOINTMENT OF THE COUNTY'S EXTERNAL AUDITORS TO PKT~FO~M FINANCIAL AUDIT~ OF TH~ SOLID WASTE COLLECTION SERVICE CONTRACTORS - COOPERS & LYBRAND APPOINTED TO PERFORM REVENUE AUDIT AND REVIEW OF ALLOCATION METHODOLOGY IN AN AMOUNT NOT TO EXCEED $25,000 Finance Director Yonkosky recalled subsequent to the Board creatinu the mandatory trash collection ordinance, two contracts were signed which require a full audit of the operations of each of those franchisees for the past year. He said when the Board approved the contract with the external auditors, he was appointed as the project coordinator between the auditors. He reported having sent the audi- tors a letter requesting them to review the facts and provide the Board with an estimate of what the cost of a full audit will be. He said they have replied with a recommendation to do only a revenue audit rather than a full audit, however, after consultation between the Board's Staff and the Finance Department, it is being recommended to have the full audit, because it will provide a tremendous amount of 'information at the end of the first three-year period when the rates can be increased. He advised one unsolicited qualificat~on statement was received from another external CPA firm that currently audits Waste Management, because they felt they could provide a completely independent audit. After discussion with Staff, he said, it is being recommended not to solicit proposals for audits and to use the existing contract for external auditors. In answer to Commissioner Goodnight, Finance Director Yonkosky explained the contracts between the Board, Waste Management and Immokalee D~sposal not only agree to allow the Board to do a full audit, but require one on all theft business activities within the County. Responding to Commissioner Shanahan, Finance Director Yonkosky stated the cost of a full audit is $43,000, and $14,000 for a revenue only audit. He reminded the Board that the choice was made for a full audit when the contract was entered into. Clerk Giles communicated that although the full audit is more Page 5 January 7, 1992 expensive, in the future when being faced with a rate increase the Board will want the full picture. He agreed the franchisees have revenue sources that are not subject to the County's agreement, however, many of those expenses cannot be separated from the County's fee. He said that will be a consideration when a decision is made on how much of a rate increase to allow Waste Management. Commissioner Shanahan asked what would happen if a revenue only audit was done in the first and second years, with a full audit in the third year? Finance Director Yonkosky said the County could possibly save money on the audits, but would not have the data base that was con- templated. Comm~ssioner Saunders communicated he gives a great deal of weight to Finance Director Yonkosky's recommendation that a full audit would be the most appropriate and prudent course of action. Commissioner Volpe inquired why Coopers & Lybrand is being recom- mended to perform the audit, rather than doing professional nego- tiations? Finance Director Yonkosky explained the Board has the option of dealing directly with Coopers & Lybrand or solicit~ng other qualifica- tion statements. He advised, however, the bidding process w~11 require approximately 3-4 months before the actual audit can be per- formed. Commissioner Volpe suggested the Board consider exploring the com- petitive b~d process for the opportunity to reduce the cost. George Keller asked when will Waste Management be able to ask for an increase? Finance Director Yonkosky replied there is an automatic increase at the end of three years, however, the contract is silent regarding a request at any time for a rate increase. George Keller suggested the Board provide that Waste Management have a full audit, before they are allowed a rate increase, for the three year period. He commented it will be much less expensive for Page 6 January ?, 1992 one three-year audit rather than a full audit for each of the three years. Finance Director Yonkosky disagreed, stating in his opinion it will be much more efficient to conduct an annual audit. Commissioner Shanahan asked why the auditors have recommended a partial audit? Phyllis Jones with Coopers & Lybrand, clarified that rather than a recommendation for a partial audit, her firm provided the Board with two options. She said they knew doing a full audit of both Waste Management and Immokalee Disposal would be fairly expensive, and that the only numbers the Board was legally interested An were the revenue numbers. She stated her agreement with Finance Director Yonkoeky that if there will be rate increases over the next few years, having a full audit will provide much more information. With regard to exploring the competitive bid process, she advised that was done 18 months ago at which time Coopers & Lybrand was ranked the top firm and a contract was negotiated in order to keep the County from continually going through that process. Bob Fahey, Solid Waste Director, recommended the full audit because this is a new contract and the more information available to Staff, the better able they will be to respond to future demands from the franchisees. County Manager Dorrill disagreed with the recommendation for a full audit. He asked if it would be possible to do a revenue audit on the garbage side of the business and do a subsequent audit on the allocation methodology for the franchisees' other businesses? Finance Director Yonkosky reiterated that from experience, he is recommending a full audit. He explained although an additional $29,000 will be spent each year, if that keeps the County from a 1~ increase, it will save the rate payers a tremendous amount of money. He said the only way to know that is to have a full and complete audit by an independent CPA. If a partial audit is done, he said, the Board will not have independent verification of the costs and will be at the Page ? January 7, 1992 ~,~,:~ · mercy of whoever is saying they have the right costs. He added that in his opinion, doing an audit at the end of three years rather than on an annual basis, will cost more. Clerk Giles remarked that allocation scheme is one of their pri- mary concerns and that, along with the revenue to show compliance that they are paying the correct franchise fee to the County, would make County Manager Dorrill's suggestion a good compromise. In answer to Commissioner Volpe, Ms. Jones said that may be possible. She said putting together an actual audit report might be dlfftcult for the allocation, however, a review could be done to give the County comfort that the numbers are reasonable. Contsmloner Shanahan moved, seconded by Contssloner Saunders and carried unanimously, to appoint Coopers & Lybrand to perfor~ a revenue audit along with a revte~ of the allocation methodology In an a~unt not to exceed $25,000. Its. #TB GEORGE FEGA P~QUESTINa APPEAL FOR EXEMPTION APPLICATION RE: WIGGINS PASS LANDINGS, UNIT I - NO ACTION County Attorney Cuyler advised this item is listed as a Public Petition because there ts no appeal provision in the Ordinance. He said Mr. Vega's original question asked if he must go to the Board to exhaust his administrative remedies in order to go to Court. He reported Mr. Vega was advised that under the Ordinance he is able to go directly to Court. On the other hand, he said, the question arises whether the Board of County Commissioners has the authority to grant relief when there is no appeal provision. He communicated his concern if the Board grants relief on a public petition with no appeal provi- sion or criteria set out in the Ordinance, that may be subject to challenge by a third party. Commissioner Volpe questioned why an appeal process was not created for exemptions while one exists for compatibility exceptions? Bob Blanchard, Growth Planning Director, explained that during the Board's discussion of the Zoning Reevaluation Ordinance (ZRO), it was Page 8 January 7, 1992 recognized that exemptions were considered up-front exemptions to the Ordinance. He said technically speaking, that provided an exemption from the appli.ation of the ZRO, therefore, the Growth Planning Director's findings and decision were felt to be adequate, because there was still the opportunity to apply for compatibility exceptions and/or vested rights applications. Attorney George Vega commented this public petition may serve as the appeal, because the Board is granting him due process by allowing this hearing in a public petition form. In answer to Commissioner Saunders, County Attorney Cuyler indi- cated he would not feel comfortable advising the Board to take any action. Commissioner Volpe mentioned an alternative is that the Board con- sider amending the Ordinance to allow for an appeal to the Board when it relates to an exemption as has been done for a compatibility excep- tion. Frank Brutt, Community Development Services Administrator, reported Staff has received approximately 300 requests relative to similar situations. Of that number, he said there are only 13 requests that have not been decided upon by Staff, which indicates the system is working. Attorney Vega commented this is not a clear cut situation because there is a question whether or not dedication was made many years ago. Commissioner Volpe suggested that Staff give consideration to looking at whether it may be appropriate to amend the Ordinance to address these requests. Commissioner Saunders agreed to that suggestion. He said that may or may not in the long run assist Mr. Vega and his client, however, there Is nothing else the Board can do at this point. There was no action taken on this item. Item ~'C G~ORG~ ~rgG& RKP1R~SENTING ~A~E RO~ ~ ~UST - ~Q~ST FOR C~ATIBI~I~ ~CE~ION - ~LIC ~ING SCUDDED FOR 2/11/92 Attorney George Vega stated although there is an appeal mechanism to deal with compatibility exceptions, the process may be very ffi 17 Page , :'~'~: January 7, 1992 ii.;:,, lengthy, lie said his client has a very substantial mortgage due on the subject property, however, the actions of the ZR0 have been so . ' -~'~-.'',~. dramatic that it would not be worth his client even making a partial payment to the bank. He remarked they are desperate to receive a decision from the County on the question of compatibility exception. In response to Commissioner Saunders, Attorney Vega indicated he is asking that a hearing date be scheduled. Mr. Brutt indicated based on advertising and other requirements, Staff recommends February llth be scheduled for this public hearing. Co~tesloner Smunders moved, seconded by Commissioner Shanahmn and carried unanimously, that February 11, 1991, be set as the public hemrtng date. Mr. Brutt advised Staff has approximately 40 of these types of appeals to present to the Board. lie asked for guidance regarding the scheduling of those hearings, whether to have a few placed on each Tuesday's agenda or set up a special day to hear as many as can be accomplished, lie said Staff is recommending a separate day be sche- duled to go through these petitions. A discussion ensued regarding alternatives for hearing the appeals. It was the consensus that Staff return with a recommendation for a day other than a Regular Board of County Conunisstoners Meeting to hear the compatibility exception appeals. '$' Recessed: 10:10 A.M. - Reconvened: 10:9-0 A.M. at which time ~ Clerk Hoff~ replaced ~ty Clerk Guevtn **e Item #SA1 ~$OLUTION 92-2, ~ TO RESOLUTION 91-747 TO CORRECT SCRIVENERS ERROR IN THE LEGAL DESCRIPTION FOR FLORIDA CELLULAR R.S.A. LTD., PAR., FOR PROPERTY LOCATED EAST OF AND ADJACENT TO THE COLLIER COUNTY LANDFILL - ADOPTED :!:'' to the Collier County Landfill. Community Development Services Administrator Brutt stated that this item is a request by staff to correct a scrivener's error in Resolution 91-747 with regard to the legal description for Florida Cellular R.S.A. Ltd. Par., for property located east of and adjacent He requested that the error be Page January 7, 1992 corrected as indicated on Page 3 of the Executive Summary. Comiss~oner Goodntght ~oved, ssconded by Com~ss~oner Hu~e c~rried un~nimously, that the scrtvener's error ~ corrected, ~d that Reeolut~on 92-2 ~ adopted. Page January ?, 1992 REQUEST FOR FUNDING FOR RENOVATIONS AND ALTERATIONS OF THE FORMER A(~RIG~;LTU~AL EXTENSION SERVICE BUILDINQ IN IMMOKALEE FOR DEVELOPM~NT SERVICES DEPARTMENT - STAFF TO ~R0VIDE ASSESSMENT OF NEEDED SPACE WITHIN SO-SO DAYS Commissioner Goodnight pointed out that Page 4 of the Executive Summary states: "Assuming existing septic tank is O.K. (New septic tank system would run $4,000)" She stated that she believes that the facility is serviced by water/sewer. Community Development Services Administrator Brutt explained that the $4,000 is not included in the figures for the renovations, but was referenced as an "if it needed to be dealt with situation". Commissioner Saunders remarked that Development Services is paying rent in the amount of $8,400 per year, and the cost of renovations is $65,000. He indicated that there would probably be ten years of rent before there would be any economic savings by renovating the space and therefore, this may not be the most economic alternative in this situation. In answer to Commissioner Saunders, Mr. Brutt explained that the building was reviewed by Facilities Management and comments were made that when a building of this age and part of the County inventory becomes vacant it is looked at to determine what needs to be done to bring it to a condition to be utilized by anyone. He noted staff believes that this facility could be brought up to modern day stan- dards since very little interior remodeling would be required. In response to Commissioner Saunders, Mr. Brutt related that the building that is currently being utilized is adequate with respect to location, space, etc., however, this is a month to month lease. He stated that he believes the landlord would be amenable to a longer lease. County Manager Dorrill reported that the former Agriculture building is empty, noting that generally it makes more sense to own an asset than pay rent. He indicated that a new roof would be required if the building is to be serviceable. He explained that in addition Page 12 .~,~-' ' January ?, 1992 :il. to the possible use of the building by Development Services, the Sheriff needs additional space in Immokalee and the rationale, exclu- sive of the roof repair is that the payback would be less than ? years in terms of recouping the County's investment. Commissioner Saunders suggested that this issue be delayed in' order for staff to evaluate the Sheriff's needs in addition to what should be done with the 30 year old building. Commissioner Goodnight remarked that more than lO0 building per- mits were issued in Immokalee last year and there were sufficient impact fees collected to build two roads. She stated that she feels that the building should be renovated to house the employees working in Immokalee. Co~ssioner S&nnders moved, seconded by Conissioner Hesse and carried nnmni~ousl¥, that staff be directed to evaluate the overall ·pace needs of Collier County employees in the I~mokalee area --nd come back with reco~umendatione in 30-60 days. Item INTERLO~AL AGREEMENT WITH THE CITY OF NAPLES TO PERFORM CONTRACTOR LICENSING ISSUANCE AND LICENSED/UNLICENSED CONTRACTOR COMPLAINT AND CASE MANAGEMENT WITHIN THE CITY'S JURISDICTION AS ITS AGENT - APPROVED SUBJECT TO CHANSES Code Enforcement Supervisor Clark advised that on July 31, 1991, a Joint meeting was held between the County and the City of Naples. He related that at meeting it was conceptually concurred that it would be advisable to consolidate and coordinate the contractor licensing needs of the city with the county. He indicated that the City presented an interlocal agreement but because of the licensing necessity, the licensing occurs simultaneously during the same time frame in September as that of the County. Mr. Clark reported that the County has done the licensing for the city, however, the interlocal agreement provides for participation from the County with respect to investigations of unlicensed contrac- tors and unscrupulous contractors who do not respect the city limit boundaries. He explained that prior to the agreement, the County was Page 13 January 7, 1992 prohibited from pursuing people who were fraudulently taking advantage of the residents within the city. He noted that the city has agreed to fund the manpower and efforts of the county from the $59,000 in revenues collected from the licensing of city contractors. He stated that the County's cost to furnish a full time investigator would be approximately $50,000. In answer to Commissioner Saunders, Mr. Clark explained that the rationale of the $50,000 as referenced in Section III of the Agreement is that that amount of cost can be documented, however, there is language which allows for flexibility and that figure is negotiable. Mr. Clark stated that 95% of the problems relate to out-of-county contractors. He noted if the State would increase their efforts the County could become more effective. Commissioner Volpe questioned whether the County could fulfil/ its obligation under the agreement without any additional staff. Mr. Clark reported that this would be impossible since his department is stretched very thin. Commissioner Volpe remarked that the County is subject to a hiring freeze and questioned how to deal with these exceptions. County Manager Dorrill advised that the Commission could approve the agreement, since each Monday morning he reviews the status of the hiring freeze, and as long as vacancies do not dip below 60 at any time, he has the ability to fill positions. He indicated that he feels this position could be filled since the source of revenue to pay for same is coming from the city. Commissioner Volpe cited that the arrangement is a real benefit to the city not to have any responsibility and if there is a shortfall, the County would need to go back and renegottate with them to cover the County's expenses; however, if there is a profit, the city keeps the profit. Mr. Clark explained that the city has retained clerical staff, noting they are required to keep their records for the issuing of per- 000 24 Page 14 January 7, 1992 mits, etc. and they need to interface with the County. Commissioner Saunders pointed out that the Agreement states: "The County shall retain to a maximum of eighty-five (85) percent of the up funds from these revenues, not to exceed $50,000..." Mr. Clark replied that the protection is the County already has the $50,000 this year and the negotiations would apply to next year. Commissioner Volpe pointed out that additional personnel will be needed to perform these services but it appears that there are no safeguards in the agreement that in the event of a shortfall that the County would not have to absorb same. He stated that the City should cover the County's expenses whether or not there is a shortfall. County Attorney Cuyler revealed that the Commission may sign the agreement, as presented, or make changes as appropriate, and then for- ward back to the city to be re-approved. Commissioner Volpe remarked that an exception could be made for this fiscal year but the language should be amended to provide that ~or future years there would be a minimum fee of 8§% or $50,000 paid to the County. Col~eeXoner Shanahan ~oved, seconded b~ Cow-ieeloner Hmeee ~nd c~rrie~ unanimously, to approve the agreement, ~ub~ect to the changes **** ~ NOT RECEIVED BY C~RRK TO THE BOARD'S OFFICR AS (IF 9/16/92. Page 15 January ?, 1992 ~tm~ ~UD(~T ~ R~COGNIZlNG ADDITIONAL ESTIMATED REVENUES AND ~: ~~ IN C~LI~CE SEmitES - ~PRO~D Compliance Services Manager Boyce stated that this item relates to the Nuisance Abatement Ordinance dealing with the removal of exotics. He indicated that this program is running very well. Mr. Boyce affirmed that $85,000 was budgeted for lot clearing, debris removal and the removal of exotics, however, this figure was reduced to $50,000 during the budgeting process. Mr. Boyce requested approval of a budget amendment in the amount of $100,000 with the understanding that for every dollar that is spent, more than one dollar in revenue will be spent. In response to Commissioner Volpe, Mr. Boyce explained that approximately 100 liens per year are placed on properties. C,c~tutoner Shanahan moved, seconded by Conismioner Ha~o and carrle~ u~ani~onsl¥, to approve the budget aend~ent, as requegted. Ita~D1 ~SOLUTION 92-3/~-92-~, AUTHORIZING THE ACQUISITION BY GIPT, PUR~H OR COND~MNATION OF TEMPORARY CONSTRUCTION EASEMENTS AND PERPETUAl. UTILIT~ EASEMENTS FOR CONSTRUCTION OF PIPELINE AND WATER WELL SITES FOR THE GOLDEN GATE WELLFIELD EXPANSION - ADOPTED Assistant Utilities Administrator Bloetscher explained that this item is a'reguest for adoption of a resolution authorizing the acquisition by gift, purchase or condemnation of utility easements located east of the APAC mining operation in Golden Gate Estates, for the expansion of the Golden Gate Wellfield. C~iemioner Saunders noved, seconded by Coniaeloner Hamae and cmxrie~ unanimously, that Resolution 92-3/GWS-92-! be adopted. 000.< 26 Page 16 January ?, 1992 REQUEST FOR STAFF TO PROCEED WITH SELECTIONS OF CONSULTANTS FOR 1992 CAPITAL PROJECTS - APPROVED Assistant Utilities Administrator Bloetscher stated that this item is a request to set up the selection of consultants for the 1992 capi- tal projects. Mr. Bloetscher advised that according to the purchasing policy, if the fees exceed $100,000, authorization must be obtained by the Commission for staff to approve the selection of the consultants. In addition, there is the issue with respect to the Board selecting and ranking the consultants, however, in the past, Section 8B3 of the purchasing policy has been waived in this regard. Coulestoner Shanahan moved, seconded by Co~mlesloner Hesse and carried unanimously, that staff be authorized to Institute the RFP process, evalnate the responses and bring the top ranked firm back to the Board. ADDITION OF ON~ UTILITY BILLING CLERK I/II POSITION IN UTILITIES FINAN~ DKPARTME~T - AFFROVED Assistant Utilities Administrator Bloetscher requested approval for one additional billing clerk in the Utilities Finance Department. He reported that attempts are being made to set up 7,000 new accounts that exist in the East and South Naples project in addition to the sent to these customers. Mr. Bloetscher stated that the Utilities Department ts currently undergoing the transition from its current computer system to the Clerk's system. He Indicated that this computer prepares the impact fee statements for the new deve.~oyment comtn~ on line and the billing for the customers of the Pelican B~y system will be undertaken. Mr. Bloetscher reported that a temporary person, from Community Development, has been utilized and there ts a temporary person from an outside agency, however a lot of overtime has taken place. He 53' Page 17 January ?, 1992 requested approval of a new permanent position in lieu of the two tem- poraries. County Manager Dorrill explained that this will not be a net addi- tion to the payroll. He affirmed that there are currently 18 utility positions that are part of the hiring freeze and a number of those are clerical positions. He stated that he would like to see one of these positions moved from another area into this department since it As unable to accomplish its mission due to number of tasks they have been assigned because of the East and South County project. C~iaeloner Saundera moved, seconded b~ Coeuaisatoner Shanahan and carried unani~oualy, to approve the addition of one Utility Billing Clerk I/II ~osition in the Utilities Finance Department and authoriza- tion for the appropriate budget a~end~ent to effectuate sa~e. Item~H! ~EqUEST FRO~ THE CITY OF NAPLES BEACH RENOU~ISHMENT/MAINTENANCK OO%O~ITTEE TO DISCUSS SOH~DULK AND FUNDING CONSIDK~ATIONS FOR THE P~OP~)SED NAPLK$/OOLLIER COUNTY BEACH RENOURISHM~NT PROJECT - P~EPORT ACCEPTED WIT~IOUT COMMITMENTS; MANAGER TO EVALUATE PROPOSAL BY CITY Office of Capital Projects Management Director Conrecode stated that the Renourishment/Maintenance Committee wtll be d~scussing sche- duling and funding alternatives as proposed for beach renourishment activities. Mr. Ron Pennington, Chairman, Beach Renourishment Committee, pre- sented a slide presentation, depicting the status Collier County's beaches and why renourishment is required. Concluding the presentation, Mr. Penntngton remarked that the program is at the point of gathering the data required for design plans and permit applications, noting that a delay in getting started in the near term may negate some of the work that has been completed. Mr. Pennington revealed that the total project cost is $15 million and the upfront costs of approximately $1.5 million are those things required by the state for permitting. Mr. Pennington advised that consideration has been given to various funding sources. He indicated that federal funding would take Page January 7, 1992 a minimum of seven years to get through the process. He stated that there are pros and cons with respect to ad valorem taxes. He reported that special taxing districts have been considered and that tax would be based on proximity to the beach. He divulged that user fees have some advantage since they would be imposed on those who benefit. He noted that a tourist development tax would result in a minimal cost to the local residents and high probability of voter approval, however, a disadvantage would be the competition for funds with other beach and pass related items. He remarked that a sales surtax of 1/2% or 1~ would be paid by everyone making sales taxable purchases in Collier County and this would be limited to a specified amount, duration and precise purpose. Mr. Pennington stated that the Committee's recommended actions result from consideration of the maximum return to the taxpayers at least cost. He noted that this is achieved by a combination of tourist development tax f%lnds and a short term, minimum amount sales tax. He remarked that a 1/2¢ sales surtax for one year would yield $11 million and only 47% of that amount would come from local indivi- duals. Mr. Pennington suggested that a revised tourist development tax · proposal be submitted to referendum by mail ballot in May, 1992. He stated that the sales surtax should go before the electorate in November. Mr. Penntngton pointed out that the Naples City Council endorses the Committee's recommendation for adoption of: the Collier County Beach Restoration project as the City of Naples and Collier County Comprehensive Beach Renourlshment Plan; project schedule; and the funding recommendations as presented. Mr. Pennington requested that the Commission endorse the Committee's recommendation and adopt same as Collier County's plan of action to accomplish the restoration of the beaches. Mr. Frank Blanchard stated that it has been amply proven that the existence of the beaches in Collier County positively influence the Page 19 January ?, 1992 businesses and property values throughout the County. He cited that the principal problem is where the money would come from to satisfy the current needs. He announced that the Commission must take action to have the City of Naples help to get their beaches renourished. Re recommended that the plan be accomplished by funding via a sales tax for a limited period of time. Ta~ ,S Mr. George Keller remarked that he does not believe that placing the additional sales tax on the ballot would be approved by the voters. He related that the only way to obtain money for beach renourishment is through a tourist tax. Mr. John Cremer suggested that the funds for beach renourtshment be obtained from those who will directly benefit. In addition, he suggested that the tourist development tax be voted on again to restore the $5 million back to the County. Commissioner Shanahan remarked that the tourist development dilemma may be settled in January or February and there is very strong ' thought that this issue will be resolved in the County's favor. Commissioner Hasse stated that he is not prepared to additionally tax the people of Collier County for any additional programs. Commissioner Goodntght related that at this time she does not feel the Commission should say that beach renourishment would be accomplished by the 1¢ sales tax, however, this may be possible later in the year. She stated that the outcome of the tourist development tax must be determined before making any recommendations. Co~ai~ioner Saunders moved, seconded by Co--iseloner Shanahan and carried ~nanl~ousl¥, to accept the report, but not in way of any co~- mitm~nte; Co~n~ Manager directed to evaluate the City's proposal and report ~eck with reco~m~dations relative to the aales tax and other tax Recessed: 12:25 P.M. - Reconvened: l:00 P.M. at which ti~e Coamiseioner Goodnight is not present and at which ti~e Deputy Clerk Ferric replaced Deputy Clerk Hoffman ,et Ita RKPO~T I~J~DING EMS BENEFIT HOURS - ACCEPTED R~CO~NIZING CORRECTXV~ MEASURES IN PLACE Page 20 January ?, 1992 Emergency Services Administrator Reardon explained the report before the Board of County Com~issioners represents an overview. He stated that when the issue was raised, Finance Director Yonkosky con- ducted his own individual audit and found nothing of concern, and in FY 1990-91, the 1990 records were reviewed 100~ by the State Auditor's Office with no discrepancies being found. He distributed a one page sheet providing a basis of information, and summarized that a 40 hour employee basically has about thirty 8 hour days off per year sche- duled, while a 54 hour employee has twelve 24 hour shifts or, if equated to 8 hour shifts, thirty-slx 8 hour shifts off. Regarding the annual scheduled hours for the two, he indicated it equates to: The 40 hour employee works 2,080 hours, while a 54 hour employee works 2,808 hours per year; deducting the scheduled time off afforded to those employees, the productive time for a 40 hour employee is 1,840 hours a year, while the 24, 48 or 64 hour employee works 2,539 hours per year, or, basically 37~ more than a 40 hour employee; and that the time off is about 11.5% of the 40 hour employee's time, while the 54 hour employee equates to about 9.6~; that, based on 8 hour increments, the 40 hour employee provides productive services of 230 days per year, while a 54 hour employee provides 317 days per year. He pro- vided a brief history of this item and how the issue was originally raised. He concluded that the unaccountable time for the three 24/48 hour supervisors was about 2.8% of the total hours taken off. He explained the relevance of Kelly Days as well as compensatory time, and reported that the policy from the Board of County Commissioners regarding compensatory time and the documentation thereof as well as internal policy was not completely followed because the employees were unaware of the policy. He verified having since briefed appropriate employees of the policy. He reiterated that records had been kept, but not tn accordance with Board policy. He related that, due to poor record keeping, two of the supervisors ran into a negative balance but, when grouped together, the Board of County Commissioners is ahead by about 40 hours. He explained that management initiatives have been Page 21 January 7, ~992 implemented which have resulted in a savings of approximately $24§,000 from this year's budget. In response to Commissioner Hasse, Mr. Reardon related the EMS budget line item for overtime cost is $52,300 this year, but was $268,000 three years ago. Commissioner Shanahan commented the results of the report are beneficial and identified there was sloppy bookkeeping involved with lax controls, but that corrective measures have been taken. Co~m/meloner ~o~)dntght returned to the meeting at 1:30 P.M. In response to Commissioner Volpe, Tom Olliff, Assistant to the County Manager, summarized that the initial report was a draft to Mr. Reardon which somehow got circulated as a final report and, unfor- tunately, had been poorly prepared. He confirmed the final report produced by Mr. Reardon is a well documented piece of work and indica- tes that of al/ the EMS employees there was a bookkeeping problem with only three supervisory employees. He verified that the County Manager's Office is satisfied the deficiencies have been identified and corrected, adding that Mr. Reardon's own internal division poli- cies for compensatory time and time records are stricter than for the rest of the County. Co~iemioner Shanahan moved, seconded by Co~-issioner Hasee and carried ux~animously, to accept the report recognizing that corrective actton~ ~ been put in place to prohibit this situation from being repeated in the ~uture. ~ECLAM~TIOI/R~CYC~Ili OI C0NSTRU~TION AND DEMO~ITI01 MATERIALS, BID ~91-179~, AND OON~IDERATION OF A NODIFICATI0] TO TH~ ANNUAL RAT~ RESO~TIO] IN EARLY 199~ - CONTINUED TO 1/14/9i M~ETIN~ AT 9=30 A.N. Reginald Boucher, Senior Engineer with the Solid Waste Management Department, expounded that his department seeks to enter into a five year contract to reclaim and recycle at least 60~ of the construction/demolition debris received at the County's landfills in order to comply with Florida Statutes and Administrative Codes Page 22 January 7, 1992 '.'i,. requiring the disposal of this material in segregated areas other than !ii: the line cell after August 1, 1990, to comply with the State's man- '~; dated 30% recycling goal by the end of 1994, and to preserve line landfill space and expand the life of the line cell areas. He related ::t that the prebtd conference held on October 24th was attended by repre- " sentattves of eleven companies, and resulted in an addenda being .~!. issued addressing sixteen issues identified at the meeting. He related that a total of three protest letters have been received. He stated a total of three bids were received, one of which did not pro- vide a bid security and another declared unresponsive, resulting in Waste Magic Recyclers, Inc. being the only completely responsive i bidder. He explained the fiscal impact will amount to a $2.00 per ton increase at the gate, and that the constant bid for the five year period will be $27.00 per ton. He relayed staff's recommendation that Waste Magic Recyclers, Inc. be awarded this contract. Commissioner Goodnight commented she has a problem with the manner in which the RFP (request for proposal) was done and with the fact that five years is being requested. She stated this should only be a !' one year contract. In response to Assistant County Attorney Wetgel, Mr. Boucher verified that the proposed contract may be terminated for default but for no other reason. ii<' Commissioner Shanahan expressed concern about the five year time .. frame, the increased tipping fees, the fact that so few bids were received, and the possibility of eliminating a considerable number of Jobs for Collier County. Purchasing Director Carnell explained the five year time frame was established partly due to the fact the County could not ~uarantee ton- nages. He proceeded ~o discuss some of the parameters of the · i~ contract. "' In response to Commissioner Saunders, Mr Boucher confirmed the /,.-, current contractor is recycling 50% of the construction/demolition ':: material for which the County is paying $22 per ton. Page 23 January ?, 1992 In reply to Commissioner Saunders, Solid Waste Management Director Fahey acknowledged there have been problems with the present service provider, but nothing which has not been overcome; that they have been cooperative; and that there is sufficient Justification for going from the present rate of $22 per ton to $27 per ton. He explained that the County is presently charging $25 per ton and paying the contractor $22 per ton with an additional $3 per ton paid for moving unrecyclable material to the fill. He concluded, however, that a contract for a five year period will solve more problems than it will create. In response to Commissioner Volpe, Mr. Fahey verified no con- sideration has been given to the possibility of the County purchasing its own equipment John W. Maxwell with Waste Magic Recyclers, Inc. reasoned that the lack of response to the bid invitation is probably due to the fact there are not many in the State of Florida presently recycling. He expounded that his company has been involved in a waste stream for five years and with recycling for three years. He summarized the system proposed by his company and upon which their bid was based. Commissioner Volpe questioned whether Mr. Maxwell would be agreeable to the addition of language regarding termination for con- venience, and he related that he could not agree to such language without consulting his partner. Bruce Anderson, representing Naples Recycling Resources, Inc., summarized the actions of his client in proffering a bid and filing written objections to the specifications prior to the bid opening. He agreed that the five year period is too long, and reported the inabi- lity of his client to get a bond was due to the five year time frame at a fixed price with no guarantee of tonnage and no explicit provi- sion for changes in the contract based on changes in regulatory requirements. He pointed out that on October 29, 1991, Mr. Fahey reported to the Board of County Commissioners that the present contract, his client, has been very successful and is recycling January ?, 1992 ~!.. approximately 6096 of the required material. He distributed a handout ~'ii'.' reporting tonnages by Naples Recycling Resources, Inc. for the months ?:~' of September, October and November. He %:erlfted that his client is wi/ling to guarantee a recycling rate of 7596 and continue for another ... year under the present contract as it exists today. In response to Commissioner Volpe, Assistant County Attorney ~'.' Weigel related that typically the service contract entered into by the ~'i County provides for an extension within it which can be administrati- '~: rely effectuated. .i' Assistant County Attorney Manalich interjected that he has been ?' . informed there has been a previous extension under the policy. He :: suggested the safest course for the Board of County Commissioners ~ would be to reject all bids and rebid the entire matter for a new ' contract, without precluding anything in the interim to insure con- tinuity of service. In response to Commissioner Volpe, Mr. Carnell explained the put- /. pose of the performance bond. He pointed out that Waste Magic ~- - Recyclers, Inc. has given the certainty the county has asked for. Commissioner Shanahan concurred there are some benefits to renego- ., tiating or maintaining the current contract while reevaluating the ~" specifications for the bid. ':.. Mr. Boucher interjected that should staff solicit a rebtd they may not get the same price as currently tendered by Waste Magic Recyclers, Inc.; that, unless otherwise specifically directed by the Board of County Commissioners, staff will continue to have the bond requirement in the rebtd: and that there is nothing to be gained by a rebid. Commissioner Saunders questioned whether Mr. Maxwell would con- eider a provision whereby Waste Magic Recyclers, Inc. would bear the risk of a regulatory change, to which Mr. Maxwell requested time to consider such a proposal. Mr. Maxwell requested the Board of County Commissioners reduce to writing the conditions they are proposing for his consideration. Page 25 January 7, 1992 Cos~aimeioner Saunders ~oved, seconded by Coolesioner Shanahan and carri~nani~onsly, to continue Item #801 to the meeting of January 14, 1992 at 9:30 A.M. X te~ ~gB R~$OLUTION 92-4 RE REFERENDUM ELECTION TO BE HELD MARCH 10, 1992, ~ COLLIER COUNTY TO DETERMINE IF QUALIFIED ELECTORS RESIDIN~ WITHIN THK COUNTY APPROVE AN AD VALOREM TAX LEVY NOT TO EXCEED ONE-i~IART~R (1/4) MILL BY THE CHILDREN'S SERVICES COUNCIL TO FUND SERVICE~ FOR CHILDREN OF COLLIER COUNTY - ADOPTED Assistant County Attorney Wilson explained this item again brings back the Resolution to place the Children's Services Council referen- dum question on the March 10th ballot. She reminded the Board of County Commissioners of their December 17th vote to include this referendum on that ballot. She advised that the proposed Resolution includes the ballot language approved by the Children's Services Council and which, at their suggestion, has changed slightly. In response to Commissioner Hesse, Assistant County Attorney Wilson confirmed staff feels it important for the Children's Services Council, since they are an independent body, to review the actual Resolution and voice their opinion of same. She confirmed Paul Ptnson, Executive Director of the Children's Services Council, has had an attorney review the language of the Resolution on behalf of his organization, and that they are satisfied with the language as it stands to go to referendum. She s~ated she pointed out to Mr. Plnson that, as an independent body, it is ultimately their responsibility should there be any challenges to the particular language Included on the ballot at the March lOth election. Commissioner Volpe interjected he has taken the liberty of drafting an alternative ballot question which capsultzes what is being attempted. County Attorney Cuyler stated his office also could have drafted alternative language but did not do so, and instead made the Children's Services Council Chairman, who in turn notified his attor- ney. aware that they are responsible for the language appearing on the Page 26 January 7, ~992 ballot. Assistant County Attorney Wilson read both the language voted on by the Children's Services Council and contained in the proposed Resolution as well as that proposed by Commissioner Volpe. Commissioner Shanahan recommended accepting the language as pro- posed by the Children's Services Council. Me stated there is already enough controversy about it appearing on the ballot, and he prefers the entire fate be in the hands of the Children's Services Council. Commissioner Saunders concurred with Commissioner Shanahan, adding that the language prepared by Commissioner Volpe is devoid of any description of what the funds will be used for. George F. Keller, President of Collier County Civic Fed'station, suggested using the wording proposed by the Children's Services Council. Commissioner Volpe announced ob3ection to the idea that the Children's Services CDuncil should have the ultimate say as to the manner in which this question is presented to the electorate. Commiss~oner Saunders reported receipt of telephone calls from Mr. Pinson requesting that the ballot language be kept as proposed by the Children's Services Council. Commissioner Volpe questioned whether Assistant County Attorney Wilson has any problem with the proposed language being different from the language contained in the Ordinance itself, to which she answered she does not. Commissioner Volpe suggested the language of the notice of the referendum election should be changed as that is the notice which will be presented to the electorate, and Assistant County Attorney Wilson replied staff would be happy to make that ad3ustment in the Resolution. Assistant County Attorney Wi/son stated that the language con- rained in the Executive Summary presented by staff today is the same language that has been approved by the Children's Services Council. Commissioner Shanahan interjected that it will be advertised as January ?, 1992 such prior to the referendum, to which Assistant County Attorney Wilson answered in the affirmative. C~/~ton~r Saunders ~oved, seconded by Comissionsr Shanahan, to ~opt Re. oluticrn 92-4 calling for referendum election with the b~llot la~e to re~ain as ~ested ~ staff ~d appr~ed ~ the Chtl~'~ ~c~ Co~c~l. Co~lsstoner Hasse voiced opposition to giving co~ittees carte bl~che on money such as this that te tax-based money, adding he will euppor~ the rAgh~s of people to vote. Co~Assioner Volpe stated he is not supportive of the original progosit~on that this is an independent special t~ng dAstr~ct. ~n call for the ~estion, the motion carried 4/1 (Co~AeeAoner Vol~ o~e~). Page 28 January ?, 1992 R~SOLUTION 92-5 RE NAPLES COMMUNITY HOSPITAL ISSUANCE OF HOSPITAL BONDS - ADOPTED WITH CHANGES Edward Morton, representing Naples Community Hospital, suggested changing paragraph (B) of the Resolution to read, "the purchase of land and an existing three (3) story office building located at 851 5th Avenue North, Naples, Florida", and inserting a new paragraph which reads, "for the construction of approximately 27,000 sq,/are foot of office building to be located in the unincorporated area of Collier County at 3737 Domestic Avenue, Naples, Florida", and change the existing paragraph (C) to paragraph (D). County Attorney Cuyler pointed out that page 2 should include a new paragraph identified as paragraph 6 which should read, "This Resolution shall ~n no manner obligate the County to provide any public services or facilities for the project except as otherwise required by law." Commissioner Saunders moved, seconded by Co-liSstoner Shmnahan and carried unanimously, to approve the Resolution with the suggested chan~, thereby adopting Resolution 92-5. Page 29 January ?, ~992 It~s~lOi I~E$OLUTION 92-6 APPOINTING HARRY B. BEARMAN, RICHARD A. ~ORGA AND RICIIIKD E. ~ TO THE CITIZENS ADVISORY TASK FORCE FOR l~]~ SMALL CITIES OO~MUNITY DEVELOPMENT BLOCK GRANT PROGRAM - ADOPTED Sue Ftlson, Administrative Assistant to the Board, explained that terms have expired for three members of the Advisory Task Force without anyone applying for reappolntment. She confirmed receipt of four resumes, and relayed staff's recommendation for appointment of Harry B. Bearman as Business Leader, Richard A. Gorga as Community at Large, and Richard E. Pert as Social Services Community Leader. Commissioner Hesse read the attendance requirements and suggested that each new committee member be presented with a copy of same, and the consensus was to follow through with Commissioner Hasse's ouggestton. In response to Commissioner Volpe, County Manager Dorrtll stated the County Manager's Ordinance requires the County Manager annually to review certain Advisory Boards to see whether or not they should be sunsetted. Oo~/emtoner Shanahan moved, seconded by Co~lsstoner Goodntght and c~rrie~ unani~ously, to appoint Harry B. BeariSh, Richard A. Gorge ~nd Richard E. htr to the Citizens Advisory Task Force for the S~all Cltt~ Con. unity Development Block Grant Pro~ra~, thereby adopting Resolution 92-6. Page 30 January 7, 1992 Itn#lOB RESOLUTION 92-? APPOINTING TIMOTHY M. BLAC][FORD, GENEVA TILL, AND WILLIA~ CL~D~ON TO THE PARKS AND RECREATION ADVISORY BOARD - ADOPTED Sue Filson, Administrative Assistant to the Board, explained that terms have expired on December 31st for K~m Kobza representing District 2, Geneva Till representing District 3, and William Clendenon representing District 4 of the Parks and Recreation Advisory Board. She confirmed both Geneva Till and William Clendenon have requested reappointment, and pointed out that Klm Kobza has served two terms. Commissioner Volpe recommended Timothy M. Blackford to serve on the Parks and Recreation Advisory Board representing District 2. Commissioner Hasse recommended Geneva Till continue serving on the Board representing District 3. Commlssioner Saunders recommended William Clendenon be reappointed to represent D~strict 4. Co~mtssioner Shmnmhmn moved, seconded by Commiseloner Goodntght and carried unani~usly, to appoint Timothy M. Blackford, Geneva Till and William Clendenon to the Parks and Recreation Advisory Board, thereby adopting Resolution 92-7. Page January 7, 1992 ]t~OLUTION 92-~ APPOINTING CHARLES R. REYNOLDS, ALL~N POYlqER AND T. ~ BItOCI[ TO THE OCHOPKZ FIRE CONTROL DISTRICT ADVISORY CO~FITTEZ Co~siealoner Goodnight moved, seconded by Co--tsstoner and carried unamtmousl¥, to ap~int Charles R. Re.olds, Allen P~er ~4 X. ~t~ny Brock to the Ocho~ Fire Control District Page 32 January 7, 1992 Commissioner Goodntght explained the Resolution is in opposition to a bill which will sunset the Regional Planning Councils within the State of Florida. Commissioners Saunders and Shanahan requested changing Paragraph 2 of the Resolution to read, "It is Collier County's position that such "sunsettlng" would be the wrong approach and would eliminate or reduce the ability of local governments to work collectively on areawide issues." County Attorney Cuyle= pointed out this ia the Resolution which was provided the Board of County Commissioners and is slightly dif- ferent f=om the one in the agenda package (copy not provided for the record). Commissioner Goodnight hayed, seconded by Comaissionar Shanahan and carried unanimously, to approve the wording &a suggested voicing opposition to the ezlnsstting of the Regional Planning Council (RI~), thereby mSopttn~ Resolution 92-9. Page 33 January 7, 1992 *** ~ceeeed: 2:65 P.M. - Reconvened: 3:05 P.M. at which tt~e l)~put~/ Clerk Ouevin replaced Deputy Clerk Farrle $"* ~$OL~ION 91-10 WAIVING ~g BQUI~S ~R ~ ~PLICATION ~R A~I~~ ~SIFICATION ~ ~R H~ST~ ~ ~OLLY ~ ~O~I]~S ~ ~ORIDA STA~ES ~96.0~1 ~ ~93.461 - ~ED County Attorney Cuyler explained the State Statute contains a pro- vision that the County may at the request of the Property Appraiser, by a majority vote of the governing body, waive the requirement that an annual application or statement be made for exemption of property within the county after initial application is made and the exemption is granted. ~tnioner Saundere moved, seconded by Cow~tssionsr Goodntght, ~ c~zTtedunant~rusly, that Resolution 92-10 be adopted wa~vtng the requtr~e=te for ~nnual &ppltc&tlon for Agricultural Classtftc&tlon ~n~ for ~o~e~te&d and Wholly Exempt Properties under Florl~ StaTutes 196.011 a~ 193.461, Page 34 January 7, 1992 It~m#12B1 ORDIIIIC! 92-1 RE PETITION PU~-91-13, RICK HEDLUND OF TEAM PLAN, INC., ~~TING NAPLEB ASSOCIATES L~MITED P~RSHIP, ~T~N~ ~ ~ ~E PI~ AIR ~ES ~ TO CO~I~ ~ O~E~ISE ~ZO~ 1.14 A~S OF ~ ~ A-2 ~ A-2ST TO P~ AS P~T OF ~ SAID PI~ AIR ~S ~ - ~KD AS ~KD Legal notice having been published in the Naples Dally News on December 17, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PUD-91-13, filed by Rick Hedlund of Team Plan, Inc., representing Naples Associates Limited Partnership, requesting an amendment to the Pine Air Lakes PUD to confirm and otherwise rezone 1.14 acres of land from A-2 and A-2ST to PUD as part of the said Pine Air Lakes PUD for pro- perty located in Section 11, Township 49 South, Range 25 East. Planner Nlno explained Petttlon PUD-91-13 is a proposition to clarify and officially acknowledge the inclusion of 1.14 acres of land in the middle of the Pine Air Lakes PUD as part and parcel of said PUD. He advised the CCPC, at their December 7th meeting, unani- mously recommended approval. If approved, he said, the Pfne Air Lakes original PUD Document and Development Order will become part of the regulations that apply to this 1.14 acres. He added one-half of the 1.14 acre~3 is under a preserve area on the Pine Air Lakes Master Plan while the other half will merely facilitate vehicular access movement space. In answer to Commissioner Hasse, Planner Nino stated when the Pine Air Lakes PUD was first rezoned in 1984, the 1.14 acre parcel was Included, however, did not belong to the petitioners of Pine Lakes. He said the question becomes, was due notice part and parcel of that action and was it really necessary to make that action legal? He noted the current owners of the land want to eliminate that ambi- guity, therefore, Intend to purchase the land and are requesting the Board officially declare it as part of the Pine Air Lakes PUD. Attorney George Varnadoe, representing the petitioner, said the owners of the 1.14 acre tract are under contract to sell the land to Page 35 January 7, 1992 the Pine Air Lakes owners contingent upon this rezoning. He com- municated they have also filed their consent and ratification of the previous rezoning. He indicated he is simply asking the Board to con- firm the zoning as PUD and part of the Pine Air Lakes DRI. He men- tioned the Department of Community Affairs has notified the petitioner that acquisition of the subject parcel corrects any inconsistencies in the Development Order. Oo~ieelonar aaaee moved, seconded by Comiss~oner Shan~hmn and carried ~antmousl¥, to close the public hearing. Planner Nfno requested the Board's action recognize that adoption of this Ordinance is in fact amending Ordinance 91-102 and not Ordinance 82-2 as referenced in the Executive Summary package. ~salon~r Huse ~oved, seconded by Co,,~es~oner S~ ~ carrl~ ~u~ni~ly, that Petition PUD-91-13 ~ approved, ~bJect to t~ ~tion ~ not~ a~ve, ~d that the Ordinate as ~red ~d tltl~ ~1~ ~ adopted ~d entered into Ord~n~ce ~ok No. 50: ORDIN~CE 92-1 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE AND AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9511N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY CONSISTING OF 1.14 ACRES, MORE OR LESS, FROM A AND A "ST" TO "PUD" PLANNED UNIT DEVELOPMENT TO BE INCLUDED IN THE PLANNED UNIT DEVELOPMENT KNOWN AS PINE AIR LAKES FOR THE PURPOSES OF CONFIRMING THE PRIOR REZONE OF SAID PARCEL FROM A-2 AND A-2 "ST" TO "PUD" (PINE AIR LAKES), FOR PROPERTY LOCATED ON THE WEST SIDE OF AIRPORT-PULLING ROAD (C.R. 31) AND NORTH OF PINE RIDGE ROAD (C.R.B96) BY APPROXIMATELY 3000 LINEAR FEET, IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 149 TOTAL ACRES, MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. Itu ~13B1 F~TITION CU-91-?, MARK LAMOUREUX, R~PRESENTING FLORIDA CHLLULAR RSA, LTD. PA~., I~J~QUE~TING A CONDITIONAL USE PURSUANT TO SUBSHCTION 2 OF $~CTIO~ 2.6.9 (ESSENTIAL SERVICES} OF T~E "Aa ZONIN8 DISTRICT FOR A COMMUNICATION TOWER FOR PROPERTY LOCATED APPROXIMATELY S,400 FEET EAST OF U.S. 41 (TAMIAMI TRAIL), WEST OF AND ADJACENT TO IMP~IAL LAKES PUD, EA~T OF AND ADJACENT TO THE SEABOARD COASTLINE RAILROAD AND APPROXIMATELY 350 FEET NORTH OF WIGGINS PASS ROAD - DENIED Legal notice having been published in the Naples Daily News on December 17, 1991, as evidenced by Affidavit of Publication filed w~th the Clerk, public hearing was opened to consider Petition CU-91-?, Pa~e ~6 January 7, 1992 filed by Mark Lamoureux, representing Florida Cellular RSA, Ltd. Par., requesting a Conditional Use pursuant to Subsection 2 of Section 2.6.9 (Essential Services} of the "A" Zoning District for a communication tower. Commissioner Volpe asked all those planning to participate in this hearing to raise their right hand, at which time he swore them tn. Planner Milk presented Petition CU-91-7, requesting a Conditional Use pursuant to Subsection 2 of Section 2.6.9 (Essential Services) of the "A" Zoning District for a communication tower. He said the peti- tioner proposes to build a 185-foot self-supportlng telecommunications tower, a 26-foot by 12-foot electronic equipment room, an outside slab mounted generator and a driveway access from Wiggins Pass Road. Me reported the subject site is 4.5 acres in size, zoned Agricultural and basically surrounded by undeveloped land. He said the land to the south is zoned industrial and is owned by Krehltng Industrial Properties. He commented further south is the Imperial Golf Estates golf course and an enclave of residential villas, while ad3acent tO the east is the 78-acre Imperial Lakes PUD approved for 430 multi- family dwelling units. He said the property to the north is agri- cultural and is divided into five-acre tracts. He stated a 120-foot railroad easement exists to the west of the subject property with rail access to the Krehling plant, which is used on a daily basis. He indicated the adjacent property to the west of the right-of-way is currently undeveloped and zoned agricultural. Further to the west, he said, are developed mobile home subdivisions, mobile home rental parks and a travel trailer recreational vehicle park is located to the southwest. In answer to Commissioner Volpe, Planner Milk said the distance from the southern edge of the subject site to the mobile home subdi- vision is approximately 600 feet. He advised the Ordinance states that any tower over 185 feet in height must maintain a 1,O00-foot separation or buffer from RMF-1 through RMF-6 or a PUD with six or less units. ffi 96 Page 3? January 7, 1992 Responding to Commissioner Shanahan, Planner Milk reported the proposed tower will be approximately 100 to 150 feet away from the closest approved multi-family unit to the east. Commissioner Hasse remarked the CCPC did not recommend approval of this petition. Planner Milk concurred, but noted there may have been misconcep- tions on what Cellular One was going to do at that time. He said along with that recommendation for denial, the petition has brought forth many concerns from the community in the area. He mentioned, however, Staff has found this tower is not only consistent with the development regulations of the Communications Tower Ordinance, it is compatible with surrounding land uses and therefore, recommends appro- val. In answer to Commissioner Saunders, County Attorney Cuyler advised approval of this item requires a super majority vote of the Board. Attorney Jim Siesky, representing the petitioner, asked for clari- fication of the procedure concerning a Conditional Use hearing. A discussion ensued with regard to the presentation and cross exa- mination of witnesses by both proponents and opponents in Conditional Use hearings. Commissioner Volpe suggested the County Attorney pre- pare a procedure for all petitioners to become familiar with. Attorney Stesky communicated the subject site was selected by the petitioner because of its unique value to serving the public. He said it is necessary for Florida Cellular to serve the northwest corridor of Collier County, and to do that, they must have a tower in this area to provide the necessary relays. He stated the site meets the requirements of Ordinance 91-84. He advised Attorney Pires has objected through a letter submitted to the Board of County Commissioners in the past, principally complaining that the Conditional Use will have an affect on the value of surrounding par- cels. He reported Ernie Carroll, a real estate appraiser hired by the petit~oner, has prepared a study in which he has concluded the pro- posed tower will not have an affect on the value of' surrounding pro- 97 Page 38 January 7, 1992 perties. He said Florida Cellular believes that communication towers of this nature are necessary and important to the genera/ welfare of the people of Collier County. He commented the Board has in fact recognized that similar towers are an essential service as part of the Ordinance. He remarked if the site were 20 acres in size, the peti- tioner would not have to request this Conditional Use. He concluded by requesting approval of Petition CU-91-?, because it is in the general interest of the public and will provide the necessary public conveniences that are required and suggested by the County's Tower Ordinance. In response to Commissioner Volpe, Attorney Siesky stated the tower would be allowed on the adjacent industrially zoned land up to 200 feet in height. He said he has explored that possibility with Mr. Krehling, however, he has no space available on that site. Mark Lamoureux with Cellular One, referred to remarks made regarding the nature of the denial before the CCPC. He advised at that time, the Tower Ordinance was in the adoption stage. He said the CCPC had the opinion that in order to approve a tower on an agri- cultural piece of land, a 20-acre site was required. He said he believes that was the major reason for their denial of this petition. Mr. Lamoureux continued, advising the Board on the importance and reliability of cellular telephone technology in situations of natural disaster. Specifically, he said, during Hurricane HuGo in 1989 and the San Francisco earthquake of 1990, cellular technology was the only reliable means of communication available to rescue personnel. He related not only is this tower site consistent with the requirements of the Ordinance, the petitioner in working with Staff, has reduced the proposed height and is wi/ling to locate the tower on any portion of the property that ks acceptable to the Board. He referred to an iljustration which he said indicated the visual impact of the tower on the closest residential units in the surrounding area. He stated the intention of Staff and the Board of County Commissioners in adopting the Tower Ordinance was to limit towers to areas which are more stra- Page 39 January 7, 1992 tegic and ].ess offensive to people. He remarked no matter where towers are located, not everyone will be pleased. He communicated this site ]s very strategic and is offensive to as few people as possible. Attorney Siesky asked the Board to accept Mr. Ernie Carroll as an expert witness. Commissioner Volpe noted the Board of County Commissioners has recognized Mr. Carroll as being an expert in the area of.real estate appraisals. Ernie Carroll stated he has been a real estate appraiser in Collier County since 1974 and has worked both for the Board and for property owners in the past. He said he was approached by Cellular One to prepare a study to determine whether or not proximity to towers has a detrimental or any effect on the value of residential property. He reported factors necessary to conduct such a study included finding a similar tower to what is being proposed which is in close proxim~ty to a residential neighborhood, uniformity of the residential property and the sales that occurred at the same time. He said those factors provide uniformity of information to discover if there were properties that sold in close proximity to a tower that should have been affected, and other like properties that sold at the same time that were far enough away from the tower that they should not be affected. He advised if the tower has an effect, there should be a difference in the price of the sales that happened at the same time. He said he was able to fin~ three situations th.It were reasonably similar to the pro- posed site, one each on Marco Island, Radio Road and Davis Boulevard. Mr. Carroll provided the Board with a detailed explanation of property sales in the three referenced areas, concluding with his opi- nion that merely being close to towers has no measurable effect on the value of residential property. Commissioner Volpe commented Mr. Carroll's remarks assume the tower is built, and people buying residential property know the tower Page 40 January 7, 1992 is there. He asked if the opinion is different when the residential property is purchased with the tower built at a later point in time? Mr. Carroll said his discussion relates to what those residential properties can be sold for, and that transaction would be with someone buying the property with the tower already in place. In response to Commissioner Hasse, Mr. Carroll stated he suspects those people who wish to remain in their homes after a tower is built will continue to be angry for a long time. He said whether they are right or wrong does not matter. Commissioner Saunders referred to a letter contained in the agenda package from Armalavage & LaCroix, Inc., Real Estate Appraisers, Market Analysts & Consultants. He said the letter indicates the Trade Center tower in North Naples at the south end of The Crossings single- family subdivision, has influenced property sales with a decline in value anywhere from 15% to 30% of the original value since the tower was erected. Mr. Carroll pointed out the Trade Center tower is SOO feet in height and dominates the landscape in that area. He said it is also in an industrial park containing a sewage disposal area. He stated the point he is trying to make is there are many other factors involved than Just the tower. Attorney Anthony Pires with Woodward, Pires & Anderson, P.A., representing N.A. Realty Trust, Inc., the owner of Imperial Lakes, provided the Board with a packet of information for the record. Commissioner Saunders asked the County Attorney if the Board of County Commissioners, as a matter of policy in this type of hearing, should accept documents that they do not have the opportunity to read and which will be subject to review by an Appellate Court? County Attorney Cuyler advised that as a matter of course the Board has in the past accepted documents into the record when requested. He suggested the Board accept the documents. Commissioner Saunders suggested for the future that the Board, as as a rule of procedure, consider not accepting documents during a Page January 7, 1992 hearing unless it is an absolute emergency. He said documents should be submitted to the County at least one day in advance. Commissioner Volpe concurred, adding any written materials should be included as part of the agenda package. County Attorney Cuyler indicated he will look into incorporating that suggestion as a rule of procedure into the ordinance, so that it is a matter of public record. Attorney Pires referred to the CCPO's unanimous findings that the proposed tower is incompatible with adjacent properties and would have an adverse economic effect. He said he also has concerns as to the sufficiency of the petition itself which does not include information specifying the tower's physical location with respect to public parks, designated historic buildings or districts, areas of critical concern and conservation areas, all of which is required by the Tower Ordinance. Planner Milk explained that for every application submitted, Staff requests certain information that will be applicable to the petition. He said Mr. Plres is correct in that there are deficiencies, however, Staff eliminated certain requirements based on the location of this particular petition. County Attorney Cuyler advised that legally, the Board cannot hold the petitioner to things that Staff has indicated did not need to be part of the petition. Attorney Pires pointed out two County Ordinances are applicable to this petition, the Tower Ordinance and the Conditional Use Ordinance which is part of the Unified Land Development Code (ULDG). He said the ULDC requires material necessary to show that granting a Conditional Use will be in harmony with the general intent and purpose of the Code and will not be injurious to the neighborhood or to adjoining properties. Furthermore, he said, any finding in granting a Conditional Use must take into account the effect the Conditional Use will have on neighboring properties in relation to noise, Glare, eco- nomic or odor effects, compatibility with adjacent properties and Page 42 January ?, 2992 other property in the district. He indicated testimony will be pre- sented a~ to the negative economic impact and the incompatibility of this proposal with surrounding properties. Richard Armalavage stated he is a certified general appraiser in the State of Florida and has been appraising in Naples for the past 13 years. He explained he was retained by the owners of the Imperial Lakes PUD to analyze the impact of a tower in near proximity to their site. He said in order to analyze the potential impact, he made a survey of existing towers within various locations in both Lee and Collier Counties, the most notable being the tower adjoining The Crossings subdivision in North Naples. He stated he conducted numerous interviews with developers, sales agents, property owners and the Property Appraiser's Office in Collier County. He indicated he compared the sale of a property prior to the construction of a tower and the sale of the same property after that construction. He said as a result of his analysis, he concluded the most similar project for comparative purposes is The Crossings, because it has the most recent tower construction, the most similar type of residential product and is in the North Naples area. He advised there is a definite loss in value for residential properties in near proximity or with view expo- sure of the tower, and in many cases, they are three or four blocks from the tower. He said in addition to loss of value, the more criti- cal item is the restricted marketability of the property. He reported there have.been no developer sales in The Crossings since the tower was erected. He said all transactions have been resales and in each case within near proximity of the tower, there has been a decline in value. He concluded there is no question that there is a negative impact from The tower on residential values and the marketability of the property. John Hayes, Development Manager of N.A. Realty Trust, Inc., stated to get to the point of receiving a final Site Development Plan and vested rights on Imperial Lakes PUD, they have expended a con- siderable amount of funds in engineering, architectural, legal fees Page January 7, 1992 and permits. He referred to plans on the bulletin board, pointing out wherever the tower is located on the proposed site, it will be within a few hundred feet of their residential units. He concluded as a developer of an adjoining property, N.A. Realty Trust is strenuously objecting to the tower, because the marketability and subsequent values of their property will be drastically affected. In response to Commissioner Hasse, Frank Heaton with Cellular One, stated they propose to use a back up generator on the tower site, which they will be amenable to enclosing in a structure. He said the generator itself will be very well muffled and will also be situated nearly 400 feet away from Imperial Lakes with a wooded area in bet- ween. He added the generator will only be in operation for a maximum of one-half hour per week or in the event of a power failure. Attorney Pires pointed out the petitioner has indicated a willingness to move the tower to the center of the site. He said according to the County's environmental Staff, the request for an Environmental Impact Statement (EIS) waiver was granted provided the construction occurred in the northeast portion of the property. Attorney PAres asked that Robert Duane with Hole, Montes & Associates, be accepted as an expert in the field of Planning. In response to Commissioner Volpe, Attorney Siesky stated he has no objection to Mr. Duane's qualifications, however, objects to his testimony because Collier County Staff has already said the petition is consistent with the Growth Management Plan. Robert Duane, Planning Director with Hole, Montes & Associates, stated he is Certified, has a Master's Degree in Planning, 20 years relevant public and private sector experience and has q~alifted as an expert witness in Collier County and a number of adJoAning CountAes. He said it is his conclusion, based on a review of the criteria An the ULDC, that the sub3ect site is not compatible. Furthermore, he said, it does not meet Section 5.4 of the Growth Management Plan which requires a similar, general test of compatibility. He sa~d in his opinion the size and configuration of the property is not sufficient Page 44 January 7, 1992 to create an adequate separation between adjoining residential proper- ties, and towers proposed to be 185 feet in residential areas should approach the 20 acre minimum site size. Rip Perry, resident of Landmark Estates, stated his community has approximately 800 residents who are extremely upset about the location of this tower. He said no proof has been offered that there will be no emissions from the tower under certain atmospheric conditions. He remarked it is a direct insult to the property owners in that vicinity for the petitioner to erect a tower on the subject site. He noted since first ]earning of this petition in November, he has made a thorough investigation with realtors, appraisers and developers who al/ agree that the tower will have an adverse effect on future sales of their homes. He added he has been approached by the President of the Caribbean Park Association, who represents 359 homes, to convey to the Board his concerns with'this proposal. He urged the Board not to put their residential neighborhood in the same position as that of The Crossings. Mr. Lamoureux stated he will be glad to provide Mr. Perry with what he has previously given the Board of County Commissioners regarding the safety of the emissions of these towers. He said there are no damaging effects, no radiation and there will be no inter- ference under any atmospheric conditions. Commissioner Volpe asked Mr. Lamoureux to comment on the EIS waiver that was granted provided the tower is erected in the northeast section of the property. Mr. Lamoureux stated the petitioner was looking for locations on the site that were the least environmentally sensitive. In addition to the chosen site in the northeast corner, he said, the southern boundary where they now choose to relocate the tower has already been disturbed and is Just as environmentally acceptable. He concluded that the proposed tower is not analogous to the tower at The Crossings which is directly in the backyard of several people and is much larger in height. He said this tower will be at least 500 feet from the Page 45 January 7, 1992 nearest residential property. Mr. Carroll reiterated his previous point that the proposed tower and the tower at The Crossings are not comparable. In addition, he said, many other factors impact property values at The Crossings. He indicated he spoke with the Property Appraiser who, in his opinion, correctly lowered property assessments in that area at the request of concerned residents until there is time for a study to determine if the reduction is appropriate. Co~i~etoner Hmese moved, seconded by Commissioner Goodni~ht and c~rrfed ux~i~ousl¥, to close the ~bl~c hearing. Cmi~sioner Hasse ~oved, seconded ~ Co~issloner Sanders, to ~ ~t~t~on ~-95-7. County Attorney Cuyler questioned if the motion is based on the testimony presented through the experts, to which Commissioner Hasse responded in the affirmative. ~ cal~ for the ~estion, the ~otion carried · ee ~ Clerk Hoff~ replaced ~ Clerk ~evin at th~s ti~ It~ ~ISB2 O~I~K 92-2, P~ITION ~-9~-14, ~EOR~E L. V~E, 0F YO~ V~ ~S~, V~K ~ BETON, P.A., ~PRESE~IN~ HIS~AY PA~, INC., ~E~IN~ CO~ITION~ USE (~) OF ~E A ZONIN8 DIS~I~ ~R ~~~ ~ ~D PROCESSING ON ~OPER~ LOCATED ~/2 MILE OF ~~XH RO~ ~ 2-1/2 MILES NOR~ OF ~L ~~, CO~I~I~ OF 7~.3 A~ES - A~D ~~ TO A~~ S~ET Legal notice having been published in the Naples Daily News on November 28, 1991, as evidenced by Affidavit of Publication f~led with the Clerk, public hearing was opened to consider Petition CU-91-14/George Varnadoe, Esq., representing Highway Pavers, Inc., regarding establishment of an earth mining and related processing con- ditional use in the "A" zoning district for property located in Section 9, Township 48 South, Range 27 East, Collier County, Florida. Planner Lord explained the subject petition is a request for con- ditional use (1) of the "A" zoning distr~ct for earth mining and related processing. He reported that the proposed site is currently vacant with Agricultural Zoning. He indicated that properties to the ffi 000. .: 105 Page 46 January 7, 1992 north, east and west are vacant with Agricultural Zoning. He stated that property to the south ts vacant with Estates Zoning. Mr. Lord related that this request for an earth mining operation as a conditional use ts considered to be consistent with the Future Land Use Element of the Growth Management Plan. He advised that the total area of this site is 71.3 acres and the proposed excavation will create a 31 acre lake with a depth of 20' and a maximum of 839 cubic yards will be removed from the site. He indicated that no dewaterlng or blastinG is required to facilitate this activity. Mr. Lord stated that this petition has been distributed to all necessary reviewing agencies and their concerns and stipulations relating to this requested land use are listed and addressed In the Petitioner's Agreement Sheet. He affirmed that this conditional use will have no detrimental effect on neighboring properties that cannot be mitigated through appropriate site design measures. He noted that staff has no objection to approval of this petition. Mr. Lord announced that the Collier County Planning Commission (CCPC) held their public hearing November 7, 1991, and by unanimous vote recommend approval subject to staff's stipulations. He reported that at the CCPC hearing, no residents spoke for or against this peti- tion and no correspondence has been received. He requested approval of subject petitions, subject to the CCPC's recommendation. In response to Commissioner Volpe, Mr. Lord explained that the closest earth mining operation to the subject site is the Mule Pen Quarry. Attorney George Varnadoe referred to a wall map, depicting the subject site of the proposed excavation area. He Indicated that this item was previously scheduled for a hearing as a companion item to an excavation permit with a time frame of one year which was the same as the conditional use. He explained that tn November, the excavation permit was approved and this item was readvertised and now there are two time periods running. He asked that the excavation permit run from today's date along with the conditional use. Page 47 January 7, 1992 County Attorney Cuyler advised that he has no problem with Mr. Varnadoe'$ request. There were no other speakers. ~i~sioner Goodnight moved, seconded by Commissioner Hasse ~nd cm~ried un~ni~u~l¥, to close the public hearing. In response to Commiss~oner Shanahan, Attorney Varnadoe reported that Transportation Services has included a series of Stipulations requir~ng that any damage to the road be corrected, in addit~on to an ~ncreased impact fee based on the number of loads. He affirmed that he concurs with all stipulations. Commissioner Goodnight moved, seconded by Coaissioner Hasse and cm~Tted un~mimou~ly, that the Ordinance as numbered and t~tled below be mdo1~ted ~ubJect to the Petitioner's Agreement and entered into O~dinmnc~ Book No. 50: ORDINANCE 92-2 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF AN EARTH MINING AND RELATED PROCESSING CONDITIONAL USE IN THE "A" ZONING DISTRICT FOR PROPERTY LOCATED IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; BY ESTABLISHING THE RELATIONSHIPS BETWEEN ORDINANCES AND RESOLUTIONS; AND BY PROVIDING AN EFFECTIVE DATE. Page 48 January 7, 1992 Itmm#13~ ORDINANCE 92-3, RE PETITION CU-91-1?, CHIEF CHARLES MCDONALD OF MARCO ISLAND FIRE CONTROL DISTRICT, REQUESTING CONDITIONAL USE TO ALLOW CONS"TRUCTION OF A FIRE STATION TO BE LOCATED AT THE CORNER OF BALD EAGLE DRIVE AND SAN MARCO DRIVE ON MARCO ISLAND, CONSISTING OF 1.53 ACRES - ADOPTED, SUBJECT TO AGREEMENT SHEET Legal notice having been published tn the Naples Daily News on December 17, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CU-91-17/Chief Charles McDonald, of the Marco Island Fire Control District, requesting establishment of a Fire Station Conditional Use in the C-1/T Zoning District for property located at the northwest corner of the Intersection of Bald Eagle Drive & San Marco Drive, Marco Island, consisting of 1.53 acres. Planner Badamtchian announced that the subject conditional use ts being requested to allow construction of a fire station at the corner of Bald Eagle Drive and San Marco Drive on Marco Island. Mr. Badamtchian stated that the Marco Island Fire Commission voted to build a new 13,000 SF station. He indicated that the Fire Commission has elected to allocate space for the Collier County Emergency Management Services within the new building. Mr. Badamtchlan advised that the Collier County Planning Commission reviewed this petition on December 19, 1991 and by a vote of 4/3 recommended approval of same. He revealed that staff has received six letters opposing this petition. Mr. Badamtchian remarked that Transportation Services has indi- cated that other uses would generate more traffic than the proposed facility. He reported that San Marco Drive ts currently Level of Service (LOS) "A" and Bald Eagle is operating at LOS "B". In response to Commissioner Shanahan, Mr. Badamtchian advised that the conditional use of the subject property is consistent with the Growth Management Plan and the Future Land Use Element. County Attorney Cuyler advised that the Issues to be considered with respect to approval of the conditional use are: noise, glare, Page 49 January ?, 1992 odor, economic impact, compatibility, and Growth Management Plan compliance. He reminded the Commission that things such as fire safety, or is this an extra fire station that is not needed, etc. are not to be considered. He remarked that the only exception to be reviewed with regard to the number of facilities is whether there is a proliferation of certain types of things. At this time, all parties desiring to offer testimony relative to this petition were sworn in by Commissioner Volpe. Chief Charles McDonald announced that he stands before the Commission today after three years in the legislative process, and requested a vote in the affirmative for conditional use zoning to allow construction of an emergency services complex on Marco Island. Chief McDonald stated that the complex needs to be built in the location as specified in the zoning request due to new demands as a result of growth. He remarked by the year 2000, there will be close to 24,000 housing units on Marco Island and approximately 36,000 people. He indicated that this figure does not take into con- sideration the seasonal influx, which according to studies could be as much as a 30% increase during the season. Chief McDonald advised that studies of the present site have been performed in-house and then at the request of the Marco Island Civic Association, by two outside consulting firms. He indicated that the results of all three studies, which were conducted independent of each other, were very conclusive. He reported that each study indicated that once all factors were considered, i.e. zoning district regula- tions, stormwater management, parking, sewage management, right-of-way construction, safety and emergency vehicle access, the present building and site were declared to be functionally obsolescent. Me remarked that aided by the studies, a search for a better location, utilizing national recognized standards, commenced. He revealed that the Bald Eagle/San Marco site stood out from the other sites, noting that accident risks would be minimized at this location. In answer to Commissioner Masse, Chief McDonald explained that 118 Page §0 January ?, 1992 there is a critical staffing shortage on Marco Island and second alarm companies responding to an emergency are required to travel on SR-951. Tape ~ Commissioner Shanahan remarked that it has been suggested to reno- vats the South Barfield property to accommodate the future needs without expanding into a 13,000 SF facility. Chief McDonald replied that additional land would need to be acquired on either side of the present site and the result would be a 500' elongated building which would not meet setback requirements. Attorney Craig Woodward advised that the Fire Commissioners voted 3/0 to approve the new station. He divulged that 18 public hearings were held and discussions ensued with regard to the new station, financing and architectural work. In addition to the studies, he reported that a citizens committee was appointed that looked into various issues. Attorney Woodward stated that the Fire Commission considered the following: size and location of the facility; statistics relative to road access to provide fire equipment to a scene as quickly as possible; and location of areas where the percentage of the calls are coming from on the Island. He noted that the Fire Commission does not have the power of eminent domain, and therefore, they are required to purchase property. He announced that the Commission was able to buy a good piece of property with good interest rates for a suitable loca- tion. He revealed that the option for purchase of the property expires on January 31, 1992. Mr. Woodward stated that the plan is to build a station that will ':":~,' . be adequate for Marco's butldout, noting that the last station which was built was constructed in 1974 and this facility is for volunteers and houses four people. Commissioner Hasse questioned the consensus of opinion from the public with regard to the new facility. He 'reported that he has received a number of letters in opposition to same. Mr. Woodward remarked that in these types of situations, folks in Page 51 January 7, 1992 opposition are generally more vocal than those persons in favor. He affirmed that members of the condo association on the beach indicated that the present number of condos subjected to fire as compared to 1974 is astronomical and therefore, they endorse the proposed faci- lity. He noted in general, the people realize there cannot be a sta- tion that sleeps four people to fight a high rise fire on Marco. In response to Commissioner Shanahan, Attorney Woodward advised that there was good representatign at the town meeting and the majority of people attending were curious as to the aesthetics of the fire station. Mr. Daniel Johnson of Gee & Jenson Architectural Engineers, spoke to the issue of compatibility of surrounding land uses. He called attention to the proposed site, noting that a bank building is located on property to the north. He pointed out the nearby medical office facility and the residential, multi-family and Marco Tennis/Racquet Club. He revealed there would be one way in and one way out from the apparatus bay, and the low volume of traffic generated by this station would have no significant impact on any of the operating conditions. He remarked that recognizing this facility will be a focal point, an over abundance of work has been done in the architectural sense in order to be compatible with the surrounding commercial and residential neighborhood. In response to Commissioner Volpe, Chief McDonald divulged that there are plans for a 47' tower to be moved from the Barfield site to the proposed facility. Responding to concerns of the Collier County Planning Commiss~on, Mr. Johnson reported that the lights can be candled in a way to pre- vent glare on ad3acent properties. W~th regard to noise, Chief McDonald reported that sirens would be utilized at select times to clear traffic, however, this would not present a problem. Mr. Charles Burnett, member of the Citizens Committee, reported that one thing the committee arrived at, was that a central f~re sta- Page 52 January 7, 1992 tion is needed on Marco to build out for the future. He indicated .that four alternate sites were considered, noting that three sites were geographically acceptable, however, they were not acceptable with respect to surrounding properties. Re remarked that the proposed facility will be a beautiful structure and will be located directly across the street from the helicopter pad. He affirmed that the com- mittee recommends the proposed site. Mr. Kenneth Alford, Marco F~ref~ghter, revealed that the present station has four beds with five persons on duty, resulting in one per- son sleeping on a couch. He stated that the new location will provide the ability for the fire trucks to be driven straight through and minimize traffic disturbance. Emergency Services Adm~nistrator Reardon recalled that there have been discussions in the past relating to working with the Marco Island Fire Control District and moving the Medic 4 Unit, currently housed at the Urgent Care Center. He indicated that the Paramedics stay in two 10' x lO' rooms at the facility, noting that the Urgent Care Center does not charge rent to the County. He remarked that there is no long term written agreement and the County could be asked at any t~me to leave since that facility will be expanding. He indicated that con- sideration has been given to taking the Paramedic unit and locating same to the new facility as a way of capturing costs today to save over expenditures ~n the future. Mr. Robert Duklauer, speaking on behalf the Marco Island Taxpayers' Association, cited that the Commission has letters from his group, indicating the public ts clearly against the central station. He pointed out that the studies were not conducted by fire departments or fire suppression experts, but rather, from architects. He related that he does not believe that architects are qualified to assess the needs of the Fire District since they merely assessed the feasibility of a lS,000 SF building to determine whether it could be placed on Barfield. He advised that there have been no studies which sup- ports the need for a 13,000 SF bu~lding. He noted the associat~on Page 53 January 7, 1992 studied 12 other fire districts within the State of Florida with respect to manpower and they average one firefighter per !,000 rest- dents. He remarked that the design of the proposed building would accommodate a staff of 350 persons, or three times the amount of 12 other fire districts. If the project moves forward, he reported that an immediate commitment of $2,700,000 would be required for start up costs and there should be some type of comprehensive study to support the need for a central station in addition to all aspects of the fire district. He stated that there should be something in writing from qualified professionals. He revealed that it has not been demonstrated that the proposed facility would promote the welfare of the residents of Marco Island and this is a condition for granting a conditional use. He respectfully requested that the conditional use be denied. Mr. Ray Parer, Vice President Marco Island Taxpayers' Association, submitted three letters for the record, voicing opposition to the pro- posed facility. He indicated that this conditional use does not pro- mote the public prosperity which is required for granting same. In addition, he reported that there must be the promotion of public health, safety and welfare and there has been no professional examina- tion in this regard. He asked that the conditional use not be granted until an outside, in-depth expert be obtained, and possibly a referen- dum by an educated electorate prior to such a financial undertaking. Mr. Foster Harris, Vice President, Marco Island Civic Association, reported when his organization became involved with this situation, the Fire Department was advised that they stood behind them 100~ pro- riding a competent opinion would be obtained, however, this has not been done. He indicated that Tttsch & Associates and Anchor Engineering haVe no strong suits as to how to run a fire department and they are not fire consultants. He revealed that the Marco Island Planning Commissioners voted against this proposal. He suggested that an in-depth study be' conducted by an outside fire consultant. Attorney Woodward remarked that mention was made with respect to Page 54 January 7, 1992 the standard and general welfare of Marco's public prosperity, health and welfare, but noted these are not conditions for the subject land use. He stated that there will always be people who feel sufficient information has not been obtained, i.e. additional studies. He indi- cated that the Fire Commissioners are convinced that the proposed facility is needed on Marco. He requested that the Commlssion support the petition. Commissioner Saunders advised that he met with Messrs. Foster, Parer, Duklauer and Carsillo this morning, noting that a request was made to delay this item until an appropriate study is conducted to make sure the location is appropriate and this type facility is needed. He indicated that he was not unsupportive of the request as long as it made sense, however, County Attorney Cuyler affirmed that the Board of County Commissioners cannot consider the ~ssue of whether th~s is the best location from a response time issue or public necessity standpoint since that is a determination to be made by the Marco Fire Commission. He stated that the Board's discretion is whether this is a compatible land use with the surrounding areas. Commissioner Shanahan remarked that this is a very difficult situation and regardless of what action is taken, the Fire Commission will move to another site. He revealed that he would have liked to see more consistency in the attitudes and opinions of the total Island. He affirmed that he has great concerns with regard to the feelings of the Marco Island Taxpayers' Association and the Marco Island Civic Association, but noted he hoped that there could have been a professional study. Commissioner Saunders questioned whether the Fire Commission would reconsider and solicit a professional study in order to satisfy the concerns of the Marco Island Taxpayers' Association and the Marco Island Civic Association. Attorney Woodward explained that this is a matter of timing since the option on the subject land expires at the end of this month and there is a non-refundable deposit. In addition, he reported that one Page January 7, 1992 extension has been granted with respect to financing and the interest rate ts fixed at a certain percentage at this point and an extension would be detrimental to the Fire Commission. Commissioner Hasse moved, seconded by Comntaatonar GoodnAght and carried unani~msAy, to close the public hearing. O~i~I~ner Hasse ~oved, seconded by Co~-tssIoner Goo~nAght and ~i~ 4/1 (C~i~oner Sh~ op~ed}, ~ha~ ~he ~dl~ce ~ ~t ~ ~te~ Into Ordin~ce ~k No. 50: ORDINANCE 92-3 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A FIRE STATION CONDITIONAL USE IN THE C-1/T ZONING DISTRICT FOR PROPERTY LOCATED IN SECTION 16, TOWNSHIP $2 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA; BY ESTABLISHING THE RELATIONSHIPS BETWEEN ORDINANCES AND RESOLUTIONS; AND BY PROVIDING AN EFFECTIVE DATE. Page 56 January 7, 1992 ~~~~SSIO~ERS C~ICATIONS Couissioner Goodnight advised that she has been contacted by the City of Naples with regard to ho]ding a Jotnt meeting on January 13, 1992 at 2:00 P.M. After a brief discussion the Commission concurred to hold a Joint meeting with the City on January 13th at 2:00 P.M., at which time attempts will be made to reach a compromise with respect to the beach parking issue. Commissioner Goodnight stated that the Collier Building Industry Aasoctatton desires to have the Road Impact Fee public hearing con- ducted after 6:00 P.M. on January 21, 1992. The Commission concurred to set a time specific for the Road Impact Fee Public hearing rather than ho/ding same after 5:00 P.M. Commissioner Saunders remarked that there has been recent publi- city with regard to the reorganization of upper level staff. He suggested that because of the serious nature of that evaluation, that the Co~tsston receive the plan well tn advance of the meeting when this Issue will be discussed; and that basic information relative to the number of positions, Job descriptions, etc. be forwarded as soon as possible. Commtaaioner Volpe pointed out that recent changes to the agenda have been working out very well. He suggested that an additional Item, "Public Comment", be added to the end of the agenda and if a member of the public wishes to address the Board of County Commissioners as a body, they would have the opportunity to do so. The Commission concurred. Co--Isotoner Volpe questioned whether the Board would be amenable '~ to beginning the weekly Comatsslon meetings at 8:30 A.M. to take care of housekeeping items, te. approval of minutes, proclamations, service awards, etc. Commissioner Goodnight replied that she would be Incon- venienced since she would have to leave home at 6:30 A.M. Page 57 January 7, 1992 Commissioner Volps indicated that he will discuss this at a later date with the Manager. The Commiss/on discussed setting the time and location for the Strategic Planning Workshop. Commissioner Volpe suggested that perhaps the workshop could be held at a location, away from the work environment, ~d at no cost to the taxpayers. Commissioner Shanahan advised that he w~l be out of to~ on the 24th, which was tentatively scheduled for the workshop. County Manager Dottel1 s~ated that he will bring back another date for ~he Co~tss/on~s approval. ~ ~t~ ~t~1y, t~t tbs roll.trig 1tm ~der the c=- Zt~ ~16&1 Z~ ~ OF ~DIT ACCK~D ~ SE~Z~ ~R ~C&V&TZOR ~ ~. ~.434, ~ST. 30~*S CA~OLIC ~CH, L~A~D IR SENIOR 21, ~IP 48 ~, ~GK 25 :: ~l~I]l~ OF THE FINAL PLAT OF mMANURI SUBDIVISIONm ACCEPTED FOR NEW WATERFORD, PHASE I - WITH The water fac/l/ties to serve the project cannot be placed /nto service and no Certificate of Occupancy shall be Issued until the Florida Department of Environmental Regulation fur- nishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for serv/ce. 2. Bacteriological testing has met the County's requ/rements. The Fire Flow requirements of the project have been satlsf/ed and the F/re D/strict furnishes a letter accept/rig the f/re hydrant for ownersh/p and maintenance. 4e Receipt of payment of water usage from Ut/l/t/es for bac- teriological testing. That the Board of County Commissioners accept as surety the Irrevocable Standby Letter of f~i~ No. 9X-35 in the amount of $4,§78.80. SEE PAGES ~.~.~ OR Book /~/ Pages/7/~' /7~ Xte~ Page 58 January 7, 1992 ~ ~ FR~LllTZNART ~ORK AUTHORIZATION FOR SOUTHAMPTON AT NAPLU - No building permits for habitable structures can be approved by the Development Services Department within any phase of the Southampton PUD prior to final subdivision construction document and plat approval and recordation. The Southampton golf course cannot be placed in service or certificates of occupancy issued within any phase of the Southampton PUD until all of the required subdivision infrastructure, on-site and off-site, is completed, inspected and accepted by the Development Services Department and pre- liminary acceptance, as required by the Collier County Land Development Code, is granted by the Board of County Commissioners. See P.ges I I.. 1 ~~ OF THE FINAL PLAT OF 'WILSHIR~ LAE~S, PHASE 0N~m - NITH Accept the Construction, Maintenance and Escrow Agreement and Irrevocable Standby Letter of Credit as security to .guarantee completion of the Subdivision improvements. Authorize the recording of the final plat of "Wilshire Lakes, Phase One". Authorize the Chairman to execute the Construction, Maintenance, and Escrow Agreement. 4o That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. A copy of the temporary drainage easements shall be provided to Project Review Services Staff for review and approval prior to recording of the plat. 92-1 APPROVING FOR R~CORDING THE FINAL PLAT OF mFALLING I~AT" - NITH STIPULATION~ Accept the First Mortgage as security to guarantee of the subdivision improvements. Authorize the recording of the Final Plat of "Falling Waters Replat". Authorize the Chairman to execute the Amendment to the Construction and Maintenance Agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. Authorize the Clerk of the Circuit Court to make proper nota- tion of this action upon the previous plat. See Pages~ Page 59 January 7, 1992 ~IONAL EIIGINE~RING SERVICES CONTRACT AWARDED TO DAVID PLUI~fER AND A~BOCTaTE~, INC., TO FULFILL DESIGN, PERMITTING AND RIGHT-OF-NAY ~ FOR SANTA BARBARA BOULEVARD/LOGAN ROADWAY IMPROVEMENTS, DI~ OF COIlTRACT FEES FROM FUND NOS. 301 AND 313 RELATING TO THE ~ AIRI~HIT CONSULTING SERVICES BY DELTA ASSOCIATES (FOLLOM UP TO 17 ~ lg91 AGENDA) - IN THE AMOUNT OF $41,200 · L~ ~UPP~I~ AND MACEIN~ MAINTENANCE ITEM~ AWARDED UNDER BID 91-176~ TO MR. BLUEPRINT P.E$CINDED AND STAFF TO OBTAIN PRICE (I~OTATIOW~ I~R ~ ITEMS ~ TO TH~ APPRAISAL AGREEMENT WITH COASTAL ENGINEERING COII~I~TANT~, INC. FOR THE RADIO ROAD RIGHT-OF-WAY ACQUISITION PROJECT D~ETO TH~ lt~qUI~ FOR TEMPORARY CONSTRUCTION EASEN~'RT$ AND OTHER PAItCEL~ NOT PREVIOUSLY APPRAISED See Pages Itm ~I~C1 Itm ~16C2 T~ ~ ~ ~TION ~~ ~~ ~ C~AI~ ~R C~AI~ 2000 926D3 UTILIZATION A~REEMENT NITH EMERALD LAKES PUD See Pages ~ ~.~"' ~/_. ~ TO PROFESSIONAL SERVICES A~R~EMENT WITH JOHNSON EN~INEHIIING POR OOBJB~ER12CTIOM SKIqVICES ON S.R. 951 #ATHR AND SKWKR TRANSMISSION Page 60 January 7, 1992 OR&I~ BLOSSON D~IV~ M&TER LINE ~PSIZING AGREEMENT CONTRACT FO~ CONSTRUCTION OF U.S. 41 FORCE MAIN PURSUANT TO C0~1~ BID · 91-1810 - AMA~DED TO STEVENS & LAFTON, INC., IN THE AMOUNT OF 0571,063.60 It~#16D~ delet~ I~ZC~TZC~I OP ~IOTIC~ OF PROfllS~ TO PAY AND AGREEMENT TO EXTEXD PAYMENT OP~BN~R IMPACT PHES FOR IS14AEL ARDMARIA T. GOIIZALEZ, H~TSBAND AND Xt~2SDGmoved to ~8D1 CONTRACT FO~ CONSTRUCTION OF PALM DRIVE WATERMAIN FRO3~CT P~RSUARTTO CO~DrTTBXD d~91-1~11 - AWARDED TO STEVENS & LAYTON, INC., XNTHE AMO~]~T OF $88T,616.40 Item~16D21 ~ontinned to 1/14/92 Xtem92~D12 ~ to ~8D3 Item ~16D13 ~ TO APPRAIHAL CONTRACT WITH CARROLL & CARROLL FOR SOUTH CO~T~GIONALMASTE~ATER FACILITIES, PHASE I MASTER P~MP STATION SIT~ - IN AN A~CKTNT NOT TO EXCEED 020,000 Item e1~1 BID ~91-1729 FOR H~AC PARTS AND RELATED ITEM~ REJECTED ZteB#llG1 BITDG~JbBIEI~IEIr~ FOR MATERM&NAGEMENT OPERATING FUND 110 - IN T~ Itn#lH2 AZ~i~K~/&T~ON OF CARRY FORMA~D AND ADDITION&L OPERATING 000 , , i32 Page 61 January ?, 1992 BID ~91-1773 FOR TR~ PURCHASE OF A NODKL 91lA SPECTROFHOTOHETER - J~IL~I~DTOG.B.C. SCIENTIFIC EQUIPMENT, INC. IN THE AHOU]IT OF $7,780 BID ~1-1792 FOJt T~ FURCH&SK OF A DIHERSION I GAS CHROItATOGRAPH AND ~ - &M&RDBD TO ~IC~ INC., IN TI~ ANOURT OF 017,480 Ztm el~G$ COMTI~T JI~NDglENT NITH THE FLORIDA DXPARTMENT OF ~NVIRORMENTJtL R~UL&TION (FDER) FOR FETROLEUN CONTAMINATION SITE CLEAN UP ACTMTIES ltea · TAFF TO FURCHAS~e 10 ACRES OF PROFERT~ LOCATED ADJACL~T TO THE NAPLES LANDFIT~ ~ $4S,200 PLUS CLOSING C0ST~ NOT TO EXCRED $?50 · ~A~ITA~I~]IT~ITH TH~ D~P~ OF NATURAL RESOURCES FOR 871,532 FO~ ~ IglFR~ AT LKLY BAREFOOT BEACH AND V~ILT 1984 TAX ROLL 286 12/19/91 1985 TAX ROLL 2?5 12/19/91 1986 TAX ROLL 261 12/19/91 i33 Page 62 1988 TAX ROLL January ?, 1992 311 01/03/92 1989 TAX ROLL 284/285 1990 TAX ROLL 12/26/91-01/03/92 302/303 1991 TAX ROLL ~2/26/91-01/03/92 103/108, 110 12/17/91-01/03/92 1992 TJtNG/BLZ lv~P~ORJkL FROP~R~ 1991-51/1991-57 12/23/91-01/03/92 ~ ~ ~ FO~ I]IHAI'~ NOS. 28251, 12190, 39498, 74014, 49450, 48088, 40SIT &BID 81357 · ATZ~ACTZONOF LZ~N FOR SERVICES OF THE PUBLZC DEFENDER See Pages C~ CORP~S[~:~RDERCZ - ~ZL~D &RD/OR R~YERP~D The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: Memorandum dated December 11, 1991, to Catherine Dahlstrom, Administrative Secretary, Board of County Commissioners, from Catherine M. Rlehm, Assistant Controller, enclosing letter and Independent Auditor's Report for the Caxambas Park Concession for October 1, 1990 through September 30, 1991. Filed. 2e CoI~Y to BCC of letter dated December 4, 1991, from Ramtro Manaltch, Assistant County Attorney, Collier County, and Anne Dalton, Assistant County Attorney, Lee County, to Noreen S. Davis, Esquire, Director, Department of Legal Services, Public Service Commission, re: Letter of Inquiry Regarding Proposed Collier County/Lee County Interlocal Agreement for Cooperative Development of Bonita Beach/Barefoot Beach Parks and Sectlons 367.022(2) and 367.171(7), Florida Statutes. F/led. 3e Memorandum dated December 2, 1991, to All Local Governments, from Lewis O. Burnside Jr., Director, Division of Housing and Community Development, Department of Community Affairs, re: Page 63 January 7, 1992 Notice of Funding Availability - Community Services Block Grant Local Government Share Cycle. Copies to Nell Porrtll, Frank Brutt, Bill Lorenz, Russell Shreeve, and flied. Letter dated December 9, 1991, to Commissioner Goodntght from Robert G. Nave, Director, Division of Emergency Management, Department of Community Affairs, enclosing original executed copy of the contractual agreement between Collier County and DCA to provide funds for updating the Hazardous Materials Emergency Plan. Copies to Frank Brutt, Bill Lorenz, and filed. Letter dated December 6, 1991, to Chairman, BCC, from Jon Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 112054675. Copies to Neil Dorrill, Bill Lorenz, Frank Brutt, and filed. 8J 9e 10. 11. 12. 13. Letter dated November 25, 1991, to Commissioner Goodnight from Carol M. Browner, Secretary, Department of Environmental Regulation, re: dental of Collier County request for a variance from Section 403.708, Florida Statutes. Copies to BIll Lorenz, Frank Brutt, and filed. Letter dated December 12, 1991, to Chairman, BCC, from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 112057295. Copies to Bill Lorenz, Frank Brutt, and fl/ed. Letter dated December 18, 1991, to Chairman, BCC0 from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 112057275. Copies to Bill Lorenz, Frank Brutt, Harry Huber, and filed. Letter dated December 19, 1991, to Chairman, BCC, from Jori M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 112060395. Copies to Bill Lorenz, Frank Brutt, Harry Huber, and filed. Letter dated December 19, 1991, to Chairman, BCC, from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 112060705. Copies to Bill Lorenz, Frank Brutt, Harry Huber, and filed. Letter dated December 23, 1991, to Chairman, BCC, from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 11206221§. Copies to Bill Lorenz, Frank Brutt, Harry Huber, and filed. Copy to BCC of letter dated December 2, 1991, to Colonel Terrence C. Salt, District Engineer, U.S. Army Corps of Engineers, from Robert T. Pace, Acting Field Supervisor, United States Department of the Interior, Fish and Wildlife Service, referring to Department of the Army Permit Number 199130649 (NW3-BH). Copies to Neil Dorrill, George Archibald, and filed. Letter dated December 13, 1991, to Commissioner Goodntght from Gary Lytton, Environmental Administrator, Rookery Bay National Estuarine Research Reserve, Department of Natural Resources, in appreciation of support given for the Rookery Bay CARL Project for 1992. Copies to BCC, Nell Dorrill, Bill Lorenz, and filed. 135 Page 64 14. January 7, 1992 15. 16. 17. 18. 19. 20. Copy to Collier County of letter dated December Il, 1991, to Michael A. Bavtello, Sr., President, M.A. Bargello Company, Inc., from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re: Administrative Approval of Permit Number: CO-338, Permittee Name: Charles C. and Luanne B. Henderson. Copies to Frank Bruit, Bill Lorenz, Stuart Santos, and filed. Copy to BCC of letter dated December 20, 1991, to Jami Ensor, Environmental Special,st, Turrell & Associates, Inc., from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re: Administrative Approval of Permit Number: C0-$48, Permittee Name: William U. and Cherrtll E. McReynolds. Copies to Frank Bruit, Bill Lorenz, Stuart Santos, and fi/ed. Copy to BCC of letter dated December 23, 1991, to Jeffrey A. Nunner, Hole, Montes & Associates, from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re: Administrative Approval of Permit Number: CO-352, Permtttee Name: CMK of Naples, Inc. Copies to Frank Bruit, Bill Lorenz, Stuart Santos, and filed. Copy to BCC of letter dated December 23, 1991, to Brett D. Moore, P.E., Vice-President, Humiston and Moore Engineers, from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re: Administrative Approval of Permit Number: CO-354, Permittee Name: Westinghouse Communities of Naples, Inc. Copies to Frank Bruit, Bill Lorenz, Stuart Santos, and fi/ed. Letter dated December 6, 1991, to Clerk of the Collier County Board of Commissioners, from Ralph Ross, Chairman, Marco Island Fire Control District, re: Annual Schedule of Regular Meetings. Filed. Minutes Received and Filed: CCPC Agenda for December 19, 1991, and Minutes of September 19, 1991. Pelican Bay MSTU/BU Advisory Committee Minutes of December 4, 1991. Notice of Meeting of the Board of Supervisors of the Port of the Island Community Improvement District to be held on December 19, 1991. Board of Supervisors of the Port of the Islands Community Improvement District Agenda and Minutes of Regular Meeting of September 19, 1991, and Reconvened Meetings of September 25, 1991, and September 26, 1991. Abbreviated Minutes of the Building Board of Adjustments and Appeals Meeting of December 9, 1991. Ochopee Fire Control District Advisory Board Minutes of November 4, 1991. Golden Gate Estates Advisory Board Minutes of August 23, 1991, August 26, 1991, September 30, 1991, October 28, 1991, and November 25, 1991. Notice of Performance and Nonpayment dated December 6, 1991, to BCC from Southern Sand & Stone, Inc., pursuant to a contract with Florida State Underground, Inc., for limerock Page 65 21. 22. 23e ' 24. 25. 26. 27. 28. 29. 30. 31. January 7, 1992 for Radio Road Widening, Phase I. Copies to Nell Dorrill, Steve Carnell, John Yonkosky, and ftled. Notice to O~ner dated December 5, 1991, to BCC from Adams Bros. Cabinetry, Inc., under an order given by Cornerstone General Contractors, for cabinetry, vanities, counter tops and related Items for North Naples, East Naples and Immokalee Community Centers. Copies to Nell Dorrlll, Steve Carnell, John Yonkosky, and flied. Memorandum dated December 11, 1991, to Steve Camel1, Purchasing Director, from Reginald L. Boucher, Senior Engineer, Solid Waste Management Department, re: Notice to Owner-Agreement #91-1782. Copy to John Yonkosky, and flied. Copy to BCC of Notice to Contractor dated December 10, 1991, from Scott M. Ktrkwood under an order given by Florida State Underground for form, place and finish concrete and related materials for Pine Ridge Road Water Facility Improvements. Copies to Steve Carnell, John Yonkosky, and flied. Notice to O~rner dated December 6, 1991, to Collier County from Joelson Concrete Pipe Co., under an order given by D.L. Portor Construction, Inc., for reinforced concrete pipe for East Naples Fire Department & Rescue Facility. Copies to Steve Carnell, John Yonkosky, and filed. Notice to Owner dated December 10, 1991, to BCC from Hertz Equipment Rental, under an order given by E R C Gen. Contr. Svc, for general equipment rental for RA#972933, Naples Landfill. Copies to Steve Carnell, John Yonkosky, and flied. Notice to Owner dated December 13, 1991, to Collier County from Florida Contr. Rental & Sales, under an order given by Oren Construction, for materials and services for Fire House-East Naples. Copies to Steve Carnell, John YonkoskT, and flied. Notice to Owner dated December 6, 1991, to BCC from Omega Door Co., under an order given by Cornerstone Const Co. and Collier County Commissioners, for 6 rolling counter shutters for North Naples, East Naples and Immokalee Community Parks. Copies to Steve Carnell, John Yonkosky, and filed. Copy to BCC of Preliminary Notice dated December 20, 1991, from Gilman Wallcovertngs, under an order given by Wallpaper World, for wallpaper for Collier County Agricultural Center. Copies to Steve Carnell, John Yonkosky, and filed. Notice to Owner dated December 19, 1991, to BCC from Endure-A-Lifetime Products, Inc., under an order given by Tamiamt Builders for aluminum doors and frames for Pro] No PS 3.04.10, Thomasson Road. Copies to Steve Carnell, John Yonkosky, and flied. Notice to Owner dated December 18, 1991, to BCC from Scott or Tonya Kirkwood, under an order given by M.D. Harwell Excavation, for form, place and finish concrete and related materials for Immokalee Community Park. Copies to Steve Carnell, John Yonkosky, and filed. Notice to Owner dated December 26, 1991, to Collier County from Identity, Inc., under an order given by N. Cole Construction, Inc., for construction materials and hauling of construction materials for Collier Village. Copies to Steve Carnell, John Yonkosky, and filed. 137 Page 66 32. 33. January 7, 1992 34. 35. 36. 37. 38. 39. 40. 41. 42. Notice to Owner dated December 18, 1991, to BCC from Tonya or Scott Kirkwood, under an order given by Dayton Enterprises, for form, place and finish concrete and related materials for the Immokalee Community Park. Copies to Steve Carnell, John Yonkosky, and flied. Notice to Owner dated December 23, 1991, to BCC from Harper Brothers, Inc., under an order given by Florida State Underground, for fill dirt, limerock and asphalt materials, equipment and/or labor for Pine Ridge Road Water Main Improvement. Notice to Owner dated December 16, 1991, to BCC from William D. Meeker, Jr./NACM Services Corp., agent for lienor, Southern Culvert, under an order given by E.R.C. Genera] Contracting, for drainage pipe and accessories for Collier County Landfill - Completion of Cell 6. Copies to Steve Carnell, John Yonkosky, and filed. Preliminary Notice to Contractor dated December 19, 1991, to BCC from APAC-Florida, Inc., pursuant to a contract with Rocket Industries, Inc., for approximately 100 loads of #5? Stone, FOB the Naples Quarry, for FTM 68590-01: East Golden Gate WellfIeld Expansion. Copies to Steve Carnell, John Yonkosky, and filed. Notice to Owner dated December 18, 1991, to BCC from McConnell Landscaping, Inc., under an order given by Yahl Brothers Contracting, for sod materials and labor for S. Service Area Waste Col/ Bid #89-1472 Contr 3. Copies to Steve Carnell, John Yonkosky, and fi/ed. Notice to Owner dated December 19, 1991, to BCC from Hertz Equipment Rental, under an order given by Suppression Tech, for general equipment rental for North Naples Community Park. Copies to Steve Carnell, John Yonkosky, and filed. Notice to Owner dated December 20, 1991, to BCC from Roberts Electrical & Mech Inc., under an order given by Cornerstone General Contractors, for electrical material and labor for North Naples, East Naples and Immokalee Community Parks. Copies to Steve Carnell, John Yonkosky, and filed. Memorandum to BCC from Camille Harris, Collier County Property Appraiser's Office, re: subtraction error for the amount of tax dollars re: E & I #100. Ftled. Dated December 4, 1991, Notice of Hearing on February 6, ~992, before the Florida Public Service Commission, to Florida Power and Light Company and All Other Interested Persons; Docket No. 911103-EI, Complaint of Consolidated Minerals, Inc., against Florida Power and Light Company for failure to negotiate cogeneration contract. Copy to Netl Dorrill, and filed. Letter dated December 19, 1991, to Commissioner Goodntght from Wayne E. Daltry, Executive Director, Southwest Florida Regional Planning Council, re: "Tollgate Commercial Center" DRI Application for Development Approval, DRI#2-9091-113, enclosing Development of Regional Impact Assessment. Copy of letter to Frank Brutt, and filed. Dated December 13, 1991, Order to Show Cause re: Case No. 91-3548-CA-O1-HDH, Rockwell Gust, J.R. Properties vs. Board of County Commissioners, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. Copies to Commissioner Goodnight, Nell Dorrtll, Ken Cuyler, and filed. · ].38 P.g. s7 January ?, 1992 There being no further business for the Good of the County, the .eeting was adjourned by Order of the Chair - Time: 6:45 P.H. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD[S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~e~~ approved by the or as corrected Page 68