BCC Minutes 07/26/1994 RNaples, Florida, July 26, 1994
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 RESULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Timothy J. Constantine
VICE-CHAIRMAN: Betrye J. Matthews
John C. Norris
Michael J. Volpe
Burr L. Saunders
ALSO PRESENT: Ellie Hoffman and Sue Barbirettt, Deputy Clerks;
Nell Dorrtll, County Manager; Ken Cuyler, County Attorney; Richard
Yovanovich and MarJorie Student, Assistant County Attorneys; George
Archibald, Transportation Services Administrator; Mike Smykowski,
Acting Budget Director; Tom Olliff, Public Services Administrator;
Wayne Arnold, Acting Site Plan Review Director; Bob Mulhere, Acting
Current Planning Manager; Mike McNees, Acting Utilities Director; Dick
Clark, Interim Community Development Administrator; Russ Mullet,
Transportation Engineer; Tim Clemons, Wastewater Director; Fred
Reischl, Environmental Specialist; Ron Ntno and Bryan Milk, Planners;
Barbara Burgeson, Environmental Specialist; Deputy Rosa
Hernanandez-Whtte, Collier County Sheriff's Office; and Sue Filson,
Administrative Assistant to the Board.
Page I
July 26, ~994
Tape #1
(~o~)
Item #2
AGINDA - APFROVED WITH CHANGES
Commissioner Volpe moved, seconded by Commissioner Norris
and carried unanimous/y, to approve the agenda with the changes as
detailed on the Agenda Change Sheet and the following additional
1teas:
Item #13B1 - changed to Item #13A5
Page 2
(lo7)
Item #2A
CONSENT AGENDA - APPROVED
JUly 26, 1994
The motion for approval of the consent agenda is noted under
Item #16.
(106)
Item #3
MINUTES OF JUNE 21, 1994 REGULAR MEETING AND MINUTES OF JUNE 21, 1994
WORKSHOP MEETING - APPROVED AS PRESENTED
Commissioner Norris moved, seconded by Commissioner Saunders and
carried unanimously, that the minutes of the June 21, 1994 Regular
Meeting and Minutes of June 21, 1994 Workshop Meeting be approved as
presented.
(112)
Item #4A
SERVICE AWARDS - PRESENTED
Commissioner Constantine congratulated and presented Service
Awards to the following employees:
Ramiro Manalich - 5 years, Assistant County Attorney
Mary Ellen Donner - 5 years, Parks and Recreation
(140)
Item
RESOLUTION 94-525 PROCLAIMING THE PROHIBITION OF OFF SHORE DRILLING -
ADOPTED
After reading the Proclamation, Commissioner Saunders moved,
seconded by Commissioner Matthews and carried unanimously, to adopt
Resolution 94-525.
Page 3
(21z)
Item
B~DGIT AJ4ZIfDg4~T~ 94-492 AND 94-516 - APPROV~D
July 26, 1994
Acting Budget Director Smykowskt stated that there are two budget
amendments requiring Board action.
Commissioner Matthews moved, seconded by Commissioner Saunders and
carried unanimously, that Budget Amendments 94-492 and 94-516 be
approved.
(212)
Item #8D1
RECO!elXNDATION TO PURCHASE PROPERTY IN SETTLENENT O~ ~SSUES RELATED TO
THE GLADES SEWER PLANT AND EFFLUENT POND SITE - TABLED TO THE MEETING
OF AUGUST 2, 1994
Acting Utilities Administrator Mike McNees stated that this item
is a result of a dispute regarding whether the Utilities Division pro-
perly renewed a property lease on a site for effluent ponds in East
Naples. He said that through negotiations with property owners a
settlement has been reached that will allow the County to occupy
necessary effluent ponds for three additional years.
Assistant County Attorney Yovanovtch presented changes to the
agenda package. He stated the agreement is necessary because there is
litigation between the sellers regarding the portion of the purchase
proceeds that is going to the sellers. He said that the County agrees
to pay $50,000.00 to one of the sellers in order to have him enter
Into the purchase agreement. He said that should Mr. Beyrent fail in
his appeal of the litigation against Mrs. Beyrent the $50,000.00 will
remain with the County.
Mr. Yovanovtch stated that Exhibit B is a revised document to the
purchase agreement. He said that the liquidated damages provision has
been changed in that instead of agreeing to a purchase price the
County agrees to a value of liquidated damages. He said that the
first year would amount to $800,000.00. He explained that $800,000.00
divided by 365 would be the daily liquidated damages If the County
utilizes the premises beyond the three year lease extension.
Page 4
July 26, 1994
In response to Commissioner Volpe, Mr. Yovanovich explained that
the $500000.00 will be held in Attorney Siesky's escrow account.
Commissioner Volpe stated that an escrow agreement should also be
developed.
Mr. Yovanovich explained that the last revision presented is the
Amended Stipulated Final Judgment. He stated that the County is
purchasing the Glades Sewer Plant site for $1,000,000.00 which inclu-
des a $150,000.00 fee to remove some existing structures on the site
and resolving ongoing litigation with the sellers.
At Commissioner Saunders' request, Mr. Yovanovich recalled the
history of the issue. He said that the lease was to expire in July,
1993. He stated that the Utilities Dlvtston did not notify the lessor
of the intent to exercise its three year option.
County Attorney Cuyler stated that reviewing the history of the
issue creates a problem because the County must discuss the legal
position of the County.
Commissioner Constantine stated that the legal strategy does not
have to be discussed, only the background of the issue.
Assistant County Attorney Yovanovlch stated that the lessor
accepted rent payments for one month beyond the term of the original
lease. He said that the lease requires that a double payment be made
beyond the original lease. He stated that the lessor did not accept
any more payments after the first month. He said the lessor returned
the check and told the County to vacate the property. He reported
that negotiations to resolve the issue have been ongoing since that
time.
Mr. McNees stated that the County intended to vacate the effluent
pond site at the end of the three year renewal but they are critical
to the operation of the South County Wastewater Treatment Plant. He
said that the storage capacity is part of the Federal Grant condition
which was used to build the plant.
County Attorney Cuyler stated that there are significant penalties
tf the land is not vacated in three years.
Page 5
July 26, 1994
Commissioner Saunders stated that in the Utilities Division leases
are handled and real estate issues are handled internally without
involving the Real Property Department. He said that he presumes that
the Real Property Department utilizes a mechanism that monitors lease
renewal issues. He asked what measures are being investigated to
insure that this situation does not reoccur?
Mr. McNees agreed that there was a deficiency. He stated that the
Utilities Division must adopt the same mechanism as the Real Property
Department or use their system.
Mr. Yovanovich is currently involved in eminent domain proceedings
regarding the sewer plant site related to an easement. He said part
of this purchase will resolve that issue.
County Attorney Cuyler announced that Mr. Sissky, who is in the
audience stated that he has no problems with an escrow agreement.
In response to Commissioner Volpe, Mr. Yovanovich stated that the
results of the environmental assessment showed that the property was
environmentally safe.
In response to Commissioner Volpe, Mr. Yovanovich replied that
access to this 8.5 acre site is through an easement. He said that the
access is currently for a utility site. He reported that should the
County wish to develop the property in a different way, th~ County may
have to acquire further access at a nominal fee.
Commissioner Volpe asked if the value set in this agreement
reflects the fact that there are some restrictions on the access to
the parcel of land?
Assistant County Attorney Yovanovich stated that the seller is not
willing to discount the property for $10,000.00.
Tim Clemons, Wastewater Director, stated that the effluent
storage tank and master pump station is located on the site and is
used daily. He emphasized that the demolition is planned for the old
Glades sewerage treatment plant that was replaced.
In response to Commissioner Volpe, Mr. Yovanovtch replied that
the purchase price was resolved through negotiations.
Page 6
July 26, 1994
County Attorney Cuyler pointed out that the attorney fees repre-
sent a significant amount of the purchase price.
Mr. McNees stated that the property would become property of the
Water/Sewer District.
In response to Commissioner Matthews, Mr. Yovanovtch confirmed
that the access is an ingress/egress easement for access to the site as
a utility site.
Mr. McNees pointed out that the County has access for utility pur-
poses.
In response to Commissioner Matthews, County Manager Dotrill
stated that the Glades Condomtntum Association owns the access.
Mr. Dorrtll stated that the property could be used for a purpose
similar to the County Barn Road facility.
Commissioner Saunders asked if the County is permitted under
Florida law to condemn an easement for access to property that will
not be used for a governmental purpose?
Assistant County Attorney Yovanovtch stated that the County may
not be able to condemn the easement. He said that there are mecha-
nisms in the Statutes that would allow the County to obtain access
over someone's property.
In response to Commissioner Constantine, Mr. Clemons stated that
although he does not have a written statement from the Department of
Environmental Protection they have verbally assured him that they
would have no problem moving the effluent ponds.
In response to Commissioner Volpe, Mr. Yovanovtch stated that the
result of the condemnation proceeding is that the County still has an
under lying lease for the remainder of the property.
Commissioner Volpe stated that rather than vote on the Issue
today, it might be helpful for the Board to evaluate the issue and
Investigate the alternatives.
Attorney Stesky stated that he would be willing to extend the
Issue for Board consideration. He stated that he believes that Staff
has underestimated the costs to the County in savings. He stated that
Page 7
July 26, 1994
he believes that the attorney fees for the condemnation proceedings
will be approximately $200,000.00.
Commissioner Norris moved to approve the Agreement with direction
to the Count7 Manager that he modify the pollcy and procedures of the
lease agreements to prevent this situation from happening in the
future, to approve the Inducing Agreement and the revision of Exhibit
B. Commissioner Saunders seconded the motion.
Commissioner Vo/pe expressed concern regarding the access issue.
Commissioner Norris pointed out that Mr. Clemons reported that
the property would be used for utility purposes.
Commissioner Volpe moved to table this item for one week.
Seconded by Commissioner Saunders.
Commissioner Matthews asked that Staff meet with the Condomtnium
Association in an effort to upgrade the easement.
Mr. McNees agreed to meet with the Condominium Association. He
advised that the easement issue not be tied with the Agreement issue.
Upon call for the question, the motion carried 4/1 (Commissioner
Norris opposed).
(118&)
ltem eSal
RZSOLUTION 94-526 ADOPTING TENTATIVE MILLAGE RATES AND SETTING
SXPTEMBZR 14 AND SEPTEMBER 21, 1994 AT 5:05 PM AS PUBLIC HEARING DATES
FOR ADOPTION OF THE FISCAL YF/R 1994-95 COLLIER COUNTY BUDGET
Acting Budget Director, Mike Smykowskt, requested that the Board
adopt the tentative millage rates as the maximum property tax rates to
be levied to fund the FY 1995 budget and set the preliminary and final
public hearing dates. He stated that these tax rates would then be
provided to the Property Appraiser by August 4, 1994 for use in pre-
paring the Notice of Proposed Taxes. He advtsed the Board that they
may lower or maintain millage rates during the September Public
Hearings. He presented a list of Inactive Taxing Districts as part of
the Executive Summary.
In response to Commissioner Volpe, Mr. Smykowskt replied that the
Florida Truth in Millage (TRIM) law dictates a set of parameters and
Page 8
July 26, 1994
that is how the proposed hearing dates were chosen.
In response to Commissioner Matthews, Mr. Smykowskt stated that
the increase of 35.2~ in the Pollution Control is due to the Small
Quantity Generator Program.
Commissioner Saunders requested that the Board consider the dates
of September 14, 1994 and September 28, 1994 as the preliminary and
final public hearing dates.
(3610)
After consulting with the County Attorney, Mr. Smykowskt stated
that the dates of September 14, 1994 and September 28, 1994 are accep-
table as the preliminary and final public heartng dates for the budget
hearings.
Coswtsstoner maunders moved, seconded by Commissioner Matthews and
carried unanimously, that the dates of September 14, 1994 and
September 28, 1994 be set as the preliminary and final public hearing
dates at 5:05 P.M., thereby adopting Resolution 94-526.
Page 9
JUly 26, 1994
:
(2038)
Item #8H2
BID ~94-2216 AWARDED TO SURETY CONSTRUCTION COMPANY FOR THE
CONSTRUCTION OF THE EMS HELICOPTER HANGER IN THE AMOUNT OF $443,329.00
SUBJECT TO APPROVAL OF GROUND LEASE FOR 30 YEAR PERIOD WITH 30 YEAR
OPTION
Tom Conrecode, OCPM Director, stated that Staff is requesting that
the Board award Bid #94-2216 to Surety Construction Company in the
amount of $443,329.00 for the construction of a helicopter hanger and
EMS unit which includes add/alternate #1, the construction of a
taxiway to support fixed wing aircraft.
Commissioner Constantine asked if the Civil Air Patrol was
approached regarding sharing their facilities?
Peter Bolton, Helicopter Operations, stated that the Civil Air
Patrol was approached and as of September, 1993, they were not
interested in subleasing. He stated that the landing/takeoff area
near the hanger is very small.
In response to Commissioner Constantine, Mr. Bolton stated that
there is no requirement that states that EMS must operate on the site
of the airport. He stated that there are two requirements; F.A.A.
approval and a license for the hellport from the F.D.O.T.
In response to Commissioner Volpe, Mr. Bolton stated that the
Marco Island Airport had been considered as an option for the hanger
b~ because most of the flights originate and land at the Naples
Community Hospital, which involves a great deal of extra flying time.
In response to Commissioner Volpe, Mr. Bolton replied that
Mosquito Control had been contacted regarding subleasing their faci-
lity but they are not interested because they are a State agency.
In response to Commissioner Constantine, Mr. Conrecode replied
that the land for the new hanger is being leased at a cost of 10¢ a
square foot for 59,000 square feet for approximately $6,000.00. He
said that the current lease is 67¢ per square foot for 12,000 square
feet for approximately $8,000.00. He said that the airport has agreed
to extend that lease through September, 1995. He stated that is an
Page 10
July 26, 1994
important consideration if the project is deferred.
Mike Dowling, Real Property Specialist, reported that he Is nego-
tiating the lease with the Naples Airport Authority. He stated that
he presented the lease to the County Attorney's office where it was
reviewed and approved. He said that the Naples Airport Authority
would like the County to sign the lease before they present it to
their Board.
Commissioner Constantine commented that theoretically the bid
could be awarded and then end up with a problem with the lease.
Commissioner Constantine asked if there is a tentative agreement
to lease space in the new facility to someone with an aircraft?
Mr. Bolton replied that the Shertff's Office has an aircraft that
will be housed in the hanger.
In response to Commissioner Matthews, Mr. Bolton stated that the
night duty shift for the existing four pt]ots will be located at the
hanger where a bunk room is planned.
County Manager Dotrill reported they the East Naples EMS substa-
tion will be housed at the same location on a 24 hour shift.
In response to Commissioner Volpe's comment, Mr. Conrecode stated
that the proposed location has an additional benefit if North Road is
decided upon as a corridor for the second Gordon River Bridge.
County Manager Dotrill pointed out that any lease extension after
November will give the County the responsibility of the demolition
costs of the existing site.
Commissioner Norris stated that this decision was made a year ago.
He said that the issue today is to approve the contract to build the
facility.
Cmtsstoner Natthaws moved, seconded by Commissioner Norris and
carried unani~oualy, that Bid #94-2216 be awarded to Surety
Construction Company in the amount of $443,329.00 subject to the
Found lease approval for a 30 year period with a 30 year option.
(3216)
Item #8H3
RECO!eiXNDATION DECLARING AN EMER3ENCY FOR REPAIRING WATERWAY CHANNEL
MARKERS IN WIGGINS PASS, WATER TURKEY BAY, VANDERBILT CHANNEL, COLLIER
BAY a~WD FACTORY BAY - EMERGENCY DECLARED; COSTS FOR REPAIRS APPROVED
Jerry Neal, Engineering Project Manager, stated that he received a
letter from the U. S. Coast Guard stating some channel markers are in
need of repair. He said that the Coast Guard said that unless the
County acts immediately they will rescind the County's permit to have
channel markers in Wiggins Pass, Turkey Bay, Vanderbilt Channel,
Collier Bay and Factory Bay and have all the channel markers removed
by July 27, 1994.
County Manager Dorrill pointed out that these markers are not con-
sidered as part of the intercoastal waterway, they are considered as
private aids to navigation.
Commissioner Saunders moved, seconded by Commissioner Matthews,
amd carried unanimously, that an emergency be declared in con-
sideration of this item.
Com~issioner Norris moved, seconded by Commissioner Saunders to
apprc~e this project on an emergency basis.
In response to Commissioner Constantine, Mr. Neal stated that the
cost of the project is approximately $8,200.00. He requested that
Staff be authorized to enter into negotiations with Dock Masters to
make the repairs.
In response to Commissioner Vo]pe, Mr. Neal stated that Voter
Registration Fees cannot be used for this purpose because they have
been obligated to locating boat access points for boat ramps. He said
that Transportation Services Administrator Archibald agreed that the
fees should be taken out of the Roadway Fund of Road Maintenance 101.
County Manager Dotrill stated that a budget amendment will be
brought before the Board for approval.
In answer to Commissioner Matthews, Mr. Neal replied that if
regular monitoring had been done the expense would have been spread
out over a period of time.
Upon call for the question, the motion carried 5/0.
(3579)
ltel#lOk
RESOLUTION 94-527 CALLING FOR I REFERENDUM ELECTION TO BE HELD ON
NOvL-~za~ S, 1994, IN THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT
July 26, 1994
TO DETERMIN~ IF THE QUALIFIED ELECTORS RESIDING THEREIN APPROVE THE
INCREASE OF MILLAGE FROM ONE MILL TO ONE AND ONE-QUARTER MILL FOR A
LIMITED PERIOD OF FIVE YEARS - ADOPTED
Commissioner Constantine stated that this item is a request to put
the millage increase for the North Naples Fire Control and Rescue
District on the ballot in November, 1994.
Commissioner Norris moved, seconded by Commissioner Matthews and
carried unani~ously, to approve the request that the millage increase
for the North Naples Fire Control and Rescue District be added to the
referendum at the general election on November 8, 1~94, thereby
adopting Resolution 94-527,
Page 13
July 26, 1994
ses Recess 10:40 A.M. - Reconvened 10:55 A.M. at which time
Deimtv Clerk Hoffman replaced Deputy Clerk Barbiretti
(go)
Item #12B1
ORDINANCE 94-35, KE PETITION PUD-94-3, BILL HOOVER OF BUTLER
ENGINEERING, INC., EMPRESENTING ALAN D. AND INES E. MONIZ, SALVATORE
CINA, DARRYL J. AND BRADLEY T. DAMICO AND THOMAS L. GRANT, REQUESTING
A PLEZONE FROM RMF-12 TO PUD FOR PROPERTY LOCATED AT THE SOUTHEAST
INTERSECTION OF SANTA BARBARA BOULEVARD AND GOLDEN GATE PARKWAY -
ADOPTED SUEaCT TO STIPULATIONS AS AMENDED
Legal notice having been published in the Naples Daily News on
July 7, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Project Planner Milk advised that this item is a request to fezone
property from RMF-12 to PUD. He pointed out that this is the first
fezone of this type in the Golden Gate Parkway Professional Office
Commercial District.
Mr. Milk stated that this fezone involves six individual lots with
four different owners. He noted that the subject site is comprised of
2.16~ acres and has public water and sewer availability. In addition,
he revealed that this site has one access point to Golden Gate Parkway
through a median opening at 55th Street, S.W.; buffering around the
entire project; ingress/egress throughout the entire project which
links the project to the east; ability for shared parking; height
limitation of 25'; and pedestrian pockets for access to the 4'
sidewalk to be provided by the petitioner along Golden Gate Parkway.
Mr. Milk remarked that this is a user-friendly PUD and complies
with the Golden Gate Master Plan. He affirmed that the Collier County
Planning Commission heard this petition and recommend approval by a
vote of 8/0. He indicated that no letters of opposition have been
received.
Planner Milk stated that staff recommends approval of this peti-
tion.
Commissioner Matthews referred to Membership Organizations {Groups
8611, 8621) as listed under Permitted Principal Uses and Structures.
She questioned the types of organizations that would be permitted.
Page 14
July 26, 1994
Planner Milk replied that the intent is to allow such business
associations as Better Business Bureau, Board of Trades, Chamber of
Commerce, Contractors' Association, etc.
Commissioner Volpe remarked that this is an opportunity to create
an architectural theme along a major corridor in Golden Gate and
questioned whether this PUD could be tied back to the Architectural
Review Committee. Mr. Milk advised that this could be accomplished by
adding a stipulation requiring review by the Architectural Committee.
Mr. Milk explained that the landscaping, improvements, cjustering
and ingress/egress are to be compatible with the surrounding areas.
With regard to access to Golden Gate Parkway, Commissioner Volpe
questioned whether there is a proposed alignment to tie in with any
existing median. Mr. Milk stated that approximately 400' from the
intersection of Santa Barbara Boulevard and Golden Gate Parkway there
is an existing median cut at 55th Street S.W. and the ingress/egress
aligns with same.
Commissioner Matthews cited that she would like to ensure that the
pedestrian pocket at the rear of the buildings will not be creating an
area for crime. Mr. Milk reported that this area will be primarily
for the employees of the building to utilize the green space provided
to sit on a park bench or under a shade tree, if desired. He indi-
cated that there will be no access to the alley from this area.
Mr. Bill Hoover of Butler Engineering and representing the peti-
tioners, advised that the Golden Gate Master Plan does not allow
access from the alley. He explained if the PUD is approved, a request
will be made to vacate the alley with 10' going to the residential
properties and 10' going to the subject project.
Mr. Hoover explained that there are two duplexes on Lot #1 and
a triplex on Lot #5.
Commissioner Volpe suggested that once the first building permit
is pulled for any of the lots comprising the PUD, the other uses
should cease. He noted that one of the buildings is an eyesore and
the sooner those uses can be discontinued, the better it will be.
July 26, 1994
Mr. Hoover cited that there are four different property owners and
questioned whether the Board would be amenable to the existing uses
ceasing after the second building permit is pulled or 18 months after
any building permit is issued.
Commissioner Volpe stated that he believes that Mr. Hoover's
suggestion is reasonable.
In response to Commissioner Matthews, Mr. Hoover stated that the
triplex on Lot #5 will be either removed or torn down.
Mr. Hoover affirmed that he is willing to stipulate that none of
the buildings will be converted for commercial uses.
Commissioner Constantine remarked that this project is clearly in
the best interest to the Golden Gate community. He related that this
Is clearly what has been envisioned for the entrance to this com-
munity.
There were no speakers.
Commissioner Constantine closed the public hearing.
Commissioner Matthews moved, seconded by Commissioner Volpe and
carried unanimously, to approve Petition PUD-94-3, subject to etaflee
stipulations and the additional stipulations that the duplexes and the
triplex be moved or torn down within 18 months of the first building
permit and that there be an architectural theme for the six lots,
thereby adopting Ordinance 94-35 and entered into Ordinance Book No.
66.
(965)
ltel 112C1
I~/$OLUTION 94-528, RE PETITION AV-94-009, DAVID BRUNS AS AGENT FOR
WAND& R. WOOD TRUSTEE, REQUESTING VACATION OF A PORTION OF A FIVE FOOT
PUBLIC UTILITY EASEMENT LOCATED ON A PORTION OF LOT 2, BLOCK B, ON THE
PLAT OF MYRTLE TERRACE - ADOPTED
Legal notice having been published in the Napl.s Dally News on
July 10 and 17, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Transportation Services Engineer Mullet stated that this item is a
public hearing to consider the vacation of a five foot utility ease-
Page 16
July 26, 1994
merit on Lot 2, Block B, in Nyrtle Terrace.
Mr. Mullet remarked that the petitioner has discovered through a
survey that his building encroaches onto the 5 foot utility easement.
He noted that the intent of this easement is to service Lot 1.
Nr. Mullet pointed out that the petitioner owns Lots 1 through 3
and one-half of Lot 4 and therefore, the intended use does not exist.
He advised that staff does not object to the requested vacation.
Commissioner Constantine closed the public hearing.
CoRmis,loner Norris moved, seconded by Commissioner Saunders and
carried unanimously, to approve Petition AV-94-009, thereby adopting
Resolution 94-528.
Page 17
July 26, 1994
(1033)
Ite~#12C2
RESOLUTION 94-529, RE PETITION CCSL-94-11, TRACY N. BEAN OF BEAN,
WHITAKZR, LUTZ AND BARNES, INC., REPRESENTING DANIEL WAYNE HOMES AND
E.J.J. LIMITED PANTHERSHIP II (ETHAN JACKSON, PRESIDENT), REQUESTING A
COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW CONSTRUCTION OF A
DUNE WALKOVER, AT LOT 4, UNIT 2, LELY BAREFOOT BEACH - ADOPTED SUBJECT
TO STIPULATIONS
Legal notice having been published in the Naples Daily News on
July 10, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Environmental Specialist Burgeson explained that this petition is
a request to allow the construction of a dune walkover from the home
across the dune area to the beach at Lely Barefoot Beach.
Ms. Burgsson advised that this petition is consistent with Collier
County and State reviews and staff is recommending approval, subject
to the stipulations as reflected in the Executive Summary.
There were no speakers.
Commissioner Constantine closed the public hearing.
Commissioner Saunders moved, seconded by Commissioner Volpe and
carried unanimously, that Petition CCSL-94-11 be approved, thereby
adopting Resolution 94-529, subject to staff's stipulations.
Page 18
July 26, 1994
{xxso)
ltem #12C3
RESOLUTION 9&-530, RE PETITION ST-94-1, YMCA OF COLLIER COUNTY THROUGH
THEIR IG~ITE DOMINICK J. AMICO, JR., P.E. OF AGNOLI, BARBER & BRUNDAGE,
INC., KEQUZSTING A SPECIAL TREATMENT DEVELOFMKNT PERMIT TO ALLOW
[XPAIeBION OF EXISTING FACILITIES INCLUDING A NEW ACTIVITY BUILDING,
OLYMPIC POOL AND EXPANDED PARKING LOT INTO A PORTION OF THE PROPERTY
WITH A SPECIAL TREATMENT (ST) OVERLAY LOCATED IN SECTION 12, TOWNSHIP
49 SOUTh, RANGE 25 EAST, COLLIER COUNTY - ADOPTED SUBJECT TO
STIFULATIONS
Legal notice having been published in the Naples Dally News on
July 10, 1994, as evidenced by Affidavit of Publication flied with the
Clerk, public hearing was opened.
Environmental Specialist Retschl stated that this petitioner is
requesting an expansion of the facilities into a portion of the pro-
-perry containing a Special Treatment Overlay. He revealed that the
petitioner agrees to place a conservation easement over the remaining
wetland and continue to direct stormwater into the wetland.
Mr. Retschl advised that this petition was heard by the
Environmental Advisory Board and the Collier County Planning
Commission and both recommend approval. He noted that there are no
letters of objection.
Commissioner Matthews stated that she understands that the Impact
on the wetland will be approximately .8! acre. Mr. Retschl remarked
that the petitioner will be required to install a spreader swale which
will clean the water going into the wetlands.
Commissioner Volpe questioned whether the conservation easement
will run in favor of the State or in favor of the County. Mr. Reischl
replied that this will run in favor of the County.
There were no speakers.
Commissioner Constantine closed the public hearing.
Cosuatsstoner Matthews moved, seconded by Commissioner Volpe and
carried unanimously, to approve Petition ST-94-1, thereby adopting
Resolution 94-530, subject to staff's stipulations.
,oo 0130 : 40
Page 19
July ~6~ 19~4
(~26a)
Ite~#13A1
RESOLUTION 94-531, RE PETITION V-94-10, HA!rNE ~ REPRESENTING
VOYAGER CONDONINIUM, REQUESTING AN 11 FOOT VARIANCE FROM THE REQUIRED
SIDE SETBACK OF 15 FEET TO 4 FEET ON BOTH SIDES OF THE PROPERTY FOR
BOAT LIFTS - ADOPTED SUBJECT TO THE AGREEMENT SHEET
Legal notice having been published in the Naples Daily News on
June 12, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Acting Site Development Review Director Arnold advised that the
petitioner is requestIn9 an 11 foot variance from the sideyard setback
requirement of 15 feet in order to install two boat lifts on the
existing docking facility. He indicated that currently five of the
seven slips have boat lift facilities. He revealed that the purpose
of the petition is to install two boat lifts at each end of the faci-
lity.
Mr. Arnold explained that there have been two similar variances on
Marco within the past few months.
Mr. Arnold affirmed that the Collier County Planning Commission
reviewed this petition on June 16, 1994 and by a vote of 8/0 recom-
mended approval subject to staff's stipulations.
Mr. Arnold reported that he has received several letters of con-
cern from property owners in the area, but noted that his professional
opinion is that the addition of two more lift facilities will not
obstruct the view of any adjacent property.
In answer to Commissioner Matthews, Mr. Arnold advised that he is
not aware of any specific deed restrictions being in place on indivi-
dual properties.
Mr. Wayne Furfey, representing the Voyager Condomtntum, stated that
the average size boats to be utilizing the lifts are 24'- 26' in
length.
There were no speakers.
Commissioner Constantine closed the public hearing.
Commissioner Saunders moved, seconded by Commissioner Matthews and
Page 20
3uly 26, 1994
carried unanimously, to approve Petition V-94-10, subject to the ftn-
dtngl in the Executive Sunmary, thereby adopting Resolution 94-531.
Page
July 26, 1994
(1~oo)
Ztem #13A3
RZSOLUTION 94-532, R~ PETITION 0SP-94-2, RICHARD SOLTOW, REPRESENTING
CLIFFORD LEE SOLTOW, REQUESTING APPROVAL OF OFF-SITE PARKING ON LOTS
6, 7, 8, 9 18 AND THE SOUTH 1/2 OF LOT 5, BLOCK 3, FRED WHIDDEN
SUBDIVISION, ZONED VR TO SERVE BUSINESS, ZONED C-4, LOCATED ON LOTS
21, 22, 23 & 24, BLOCK 3, FRED WHIDDEN SUBDIVISION LOCATED ON EAST
MAIN STREET AND NORTH SECOND STREET, IMMOKALEE, FLORIDA - ADOPTED
SUBJMCT TO STIPULATIONS
Legal notice having been published in the Naples Daily News on
July 10, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Acting Current Planning Manager Mulhere reported that this peti-
tion is a request for off-site parking approval for 46 spaces in sup-
port of the existing Immokalee Theater.
Mr. Mulhere stated that the theater is located within the central
business district in Immokalee, therefore, it is only required to pro-
vide 50~ of the normal parking requirement which is 67 spaces. He
indicated that there are 21 spaces on site and the petitioner is
seeking approval of 45 off-site parking spaces on property under the
same ownership and adjacent to the theater.
Mr. Mulhere advised that staff has reviewed the specific criteria
set forth in the Code relative to approval of off-site parking, and
noted that this petition meets all criteria with one exception. He
reported that the Code requires that 67% of the parking be located on
the site of the business for which it is intended to serve, however,
the Code also provides the ability for the Board to waive or alter
that requirement for projects that are water related, water dependent
or located within the central business district of Immokalee. He
announced that staff is supportive of the waiver of that requirement.
Mr. Mulhere explained that staff has reviewed the petition for
compliance of the specific criteria as reflected in the Code and a
review has been made with regard to same by the pertinent agencies.
He revealed that he has not received any letters of objection or
telephone communication.
In response to Commissioner Matthews, Mr. Mulhere remarked that
000- 53'
Page 22
July 26, 1994
there is nothing that should prevent the issuance of the C.O., pending
approval of the final site development plan.
There were no speakers.
Commissioner Constantine closed the public hearing.
Cmissioner Matthews moved, seconded by Commissioner Norris and
carried unanimously, to approve Petition 0SP-94-2, waiving the
requirement for 67~ of the parking to be located on the site, and that
Resolution 94-532 be adopted subject to staff's stipulations.
(1728)
Item #13A4
RESOLUTION 94-533, RE PETITION CU-94-1, GREGORY R. CRAWFORD OF HARTMAN
a ASSOCIATES, INC., REPRESENTING FLORIDA CITIES WATER COMPANY,
REQUESTING CONDITIONAL USE FOR AN EXPANSION TO AN EXISTING SEWAGE
TREATMENT PLANT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF 32ND
AVENUE S.W. AND TROPICANA BOULEVARD, CONSISTING OF 16~ ACRES IN GOLDEN
GATE CITY, FLORIDA - ADOPTED SUBJECT TO CONDITIONS AS AMENDED
Legal notice having been published in the Naples Daily News on
July 10, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
At this time, all witnesses testifying with regard to Petition
CU-94-1 were sworn in by Chairman Constantine.
Commissioner Volpe advised that he has not received any letters or
telephone calls with regard to this item.
Commissioner Matthews remarked that in March and April she
received letters from concerned citizens relating to this issue, and
noted she forwarded the correspondence to Development Services. In
addition, she noted that on July 25, 1994, she received a letter from
the Attorney for Florida Cities Water and forwarded same to County
Attorney Cuyler.
Commissioner Saunders indicated that he received some correspon-
dence relative to this item, but noted the communications have no
impact on his decision making process this date.
Commissioner Norris cited that he has received little correspon-
dence from the public with respect to this issue and will base his
decision solely on the testimony to be given at this time.
Commissioner Constantine advised that he has forwarded any written
correspondence relating to this item to Development Services. He
stated that he has not been influenced in any way, prior to the
meeting.
Planner Ntno announced that this petition is a request for Board
approval of an Essential Service Conditional Use for a sewage treat-
ment plant. He noted that the current plant and the area of expansion
is located on the northwest corner of Troptcana Boulevard and 32nd
=- 69
Page 24
July 26, 1994
Avenue, S.W.
Mr. Nlno remarked that the Collier County Planning Commission
(CCPC) recommends approval of this conditional use by a vote of 4/2.
Mr. Ntno explained that although there are significant com-
patibility issues, they can be satisfactorily remedied by conditions.
Me pointed out that the conditions, as contained in the Executive
Summary, have been developed by staff and the CCPC. He indicated that
this use is consistent with the Growth Management Plan.
Mr. Ntno revealed that the conditions of the CCPC, as supple-
mented, form the basis for some negotiated settlement. He divulged
that settlement conditions have been presented to staff within the
last couple of days and these have been analyzed and compared with the
intent of the conditions of the Planning Commission and have been sub-
sequently supplemented.
Mr. Nino advised that sidewalks are essential and desirable along
Tropicana Boulevard and 32nd Avenue since there is a significant popu-
lation of children, noting that the expansion of the treatment plant
will invite additional truck traffic. He noted that this is a new
Item which is presently not included in the conditions.
Attorney Gerald Buhr, representing Florida Cities Water Company,
stated that many discussions have taken place with the citizens' coun-
sel and requested that the compromises that have been reached be
reviewed at this time.
Attorney Tim Ferguson cited that he represents approximately 200
citizens in the surrounding area directly adjacent to the sewer treat-
ment plant. He announced that many hours have been spent negotiating
an agreement and the citizens are very satisfied with what has
transpired. He indicated that he believes an excellent agreement has
been reached and requested that the Commission approve same.
Mr. Ferguson stated that the residents desire approval of a citi-
zens group to oversee the process of construction of the project.
With regard to offensive odors, Commissioner Volpe noted that the
stipulations indicate that when the plant reaches a capacity of
OO0PA 70
Page 25
750,000 gallons, an odor control device would be installed. He
questioned why this device would not be installed at the time of
construction of the plant.
Ms. Chery1Lister explained that the stipulation states: "When
the plant exceeds its existing 750,000 G.P.D. capacity or within 9
months from the start of construction, whichever comes first, Florida
Cities Water Company will install a scrubber or other odor control
mechanism which functions as well as or better than a scrubber."
Mr. Nino advised that the stipulations as contained in the packet
presented by Florida Cities Water will become the Exhibit to the
Resolution of adoption and will set aside the conditions recommended
by the Planning Commission.
Commissioner Constantine recalled that Planner Nino stated that
there will be an increase in truck traffic and this is an area heavily
populated with children and there currently is no sidewalk. He
suggested that it would be appropriate to include a stipulation
requiring a sidewalk.
Mr. Buhr replied that there are no other sidewalks within 1/4 mile
of this site, and noted this would be an unconnected sidewalk. He
remarked that he does not believe there is any safety hazard asso-
ciated with including a sidewalk.
In answer to Commissioner Constantine, Mr. Nino cited that he does
not believe it is unreasonable to ask for the installation of a
sidewalk.
Mr. Buhr explained the existing and proposed facility. He pointed
out that the facilities are regulated, and noted this is an award
winning plant.
Mr. Buhr stated that the packet, as submitted, includes the resu-
mes of the witnesses who will be testifying and requested that these
persons be recognized as experts.
Commissioner Saunders moved, seconded by Commissioner Norris and
carried unanimously, to accept the experts whose resumes are ~ncluded
~n the packet, as qualified in the areas of which they are going to
Page 26
3uly 26, 1994
teetlfy.
Mr. Buhr pointed out that staff'e initial recommendation to the
Collier County Planning Commission did not include most of the
requirements included in the new stipulations. He noted that he only
became aware of the requirement for sidewalks and mature planrings at
today's hearing.
Mr. James Christopher, Hartman & Associates, Inc. Vice President,
stated that his firm was contracted with to do the design of this pro-
ject. He revealed that he served as project manager for the design.
He indicated that the rated design capacity of the facility is 750,000
G.P.D. and the average flow in 1993 was 728,000 G.P.D. He noted that
the plant is almost at its designed rated capacity, according to DEP
regulations.
Mr. Christopher reported that in order to comply with the reGula-
tions to obtain an operating permit, there must be an expanded faci-
lity. He pointed out that new federal regulations relating to sludge
require that the solids from the treatment plant be treated at a
higher level, and noted that a portion of this portion is to provide
additional sludge stabilization.
Mr. Christopher advised that the facility will have a horseshoe
shaped driveway to provide improved access to the site. He indicated
that currently the principal traffic to the site is for sludge deli-
veries, chlorine deliveries or for the operators getting to the site.
Mr. Christopher stated that the fence will be moved back to accom-
modate trucks pulling off the roadway to wait for the operators to
open the gates.
Mr. Christopher remarked that the new treatment unit will be
approximately 75' in diameter and located 55' to the east of the
existinG facility. He revealed that this unit is comprised of a
clarifier which separates the solids from liquids; a small semi-
circular compartment where waste water is disinfected; and the outer
ream portion is a new aerobic digester.
With regard to concerns of odors, Mr. Christopher explained that
72
Page 27
July 26, 1994
sludge will be kept under aeration and will essentially eliminate
odors. He cited that new lighting will only be added to the site on
top of the newer treatment unit which sits more toward the inside of
the site and will have less of an impact. He noted that shields will
be placed on all the lights. He stated that the permit requires a 16
hour per day operation and there would only be an operator on site
during part of the night. He revealed that lights would not be used
during times when an operator was not on site.
Reiterating concerns of odor, Mr. Christopher advised that the
pretreatment structure is completely sealed.'
With regard to noise, Mr. Christopher affirmed that measurements
were taken on Lot 17, which ~s a vacant lot directly across from the
plant. He remarked that the findings reveal that the dectbel levels
are lower than those allowed in the County's Noise Ordinance.
Tal;M~ ~3
In answer to Comm~ssfoner Volpe, Mr. Christopher reported that the
proposed expansion will increase the plant's capacity by 1/3. He
cited that the expansion will accommodate 1,250 additional customers.
Mr. Christopher called attention to the comments relating to the
magnitude of traffic. He explained that there are two operators at
the site and two shifts per day. He noted there are sludge pick ups
from the site which occur once a day, five days per week. He indi-
cated that chlorine deliveries would occur once every two weeks. He
cited that business to the site in terms of truck traffic would be
approximately 3-6 trips per day.
Mr. William Thralls, Real Estate Appraiser, stated that the plant
existed prior to any purchase of lots within the area. He reported
· ' that during the initial process of attempt]rig to obtain approval for
an expansion of the plant in 1989, several sellers panicked and sold
their properties at a lower price which created a dip in value but
after the expansion took place, property values increased at a rate
faster than in other areas within the test zone.
He indicated that he has found that there has been continuous
Page 28
July 26, 1994
growth in this area and the affect of the expansion of the plant was
negligible on property values and in fact, may have increased them
slightly.
Mr. Robert Dick, Division Manager for Florida Cities Water
Company, stated the service area is presently 50~ built out, noting
there are approximately 2,000 waste water customers. He indicated
that there will be 4,000 customers at build out.
Mr. Robert Duane, Certified Land Planner, advised that this peti-
tion met all LDC criteria prior to entering Into the stipulated
agreement with the neighborhood. With regard to Ingress and egress,
he remarked that there will be no increase in traffic with the addi-
tion of the 5,000' clarifier. He noted that the addition of the
sidewalk Is not germane to this particular facility.
Commissioner Constantine stated if additional sewage is to be
treated, there will be more sludge and if there is more sludge, there
will be additional trucks to pick up and transport the sludge.
Mr. Christopher reported that there could be a 40~ increase in the
amount of sludge which may result in two truck trips per day.
Mr. Duane remarked that if this site would be developed residen-
tlally, it probably would generate 100 times more traffic than the two
or three trips per day that this particular site is generating. With
regard to mitigation of noise, odor, glare and economic Impacts, he
noted that the other experts have satisfactorily addressed those
Issues.
In summary, Mr. Duane explained that the proposed mitigation will
add approximately $250,000 to the cost of the facility which is over
and above what the Land Development Code requires. He indicated that
these costs would be passed on to the uttlity's customers and will add
approximately $5 per month to utility bills and does not include the
sidewalk that Is being requested.
Mr. Duane stated that the landscaping will be 14'-16' around the
perimeter of the plant which is in excess of the 6' requirement.
Mr. Duane requested approval of the petition without the addition
OOO 7 4
Page 29
JUly 26, 1994
of the sidewalks.
Attorney Ferguson advised that Florida Cities Water Company has
worked very hard in making the citizens a better neighbor. He related
that the Settlement Agreement speaks to a Citizens Committee, and
noted that he has a list of 8 Individuals that the citizens have
selected to serve on the committee. He requested approval of the
list.
Mr. Ferguson stated that he believes a scrubber or the best
available technology is acceptable to control concerns of odor.
Mr. Ferguson revealed that it will take approximately 3 M.G.D at
build out, and noted that the 1.5 M.G.D limitation is very reaso-
nable.
Commissioner Constantine called attention to'the map in the packet
and remarked that from the bridge to the first street where the side
walk attaches is approximately 400 feet. He advised that
Transportation Services estimates a cost of $5.50/ft. - $6.00/ft. for
sidewalks. He revealed that the cost to install a sidewalk would be
approximately $2,400.
Mr. Ferguson stated that sidewalks were not negotiated as part of
the agreement.
" Mr. Buhr advised that he disagrees with the $2,400 figure, citing
that he estimated the cost of the sidewalks would be $10,000.
There were no other speakers.
gommtsstoner Constantine closed the public hearing.
In answer to Commissioner Matthews, Community Development Services
Administrator Clark stated that Code Enforcement has previously sent a
notice of violation with the intention of prosecution if the pre-
viously required landscaping is not brought up to standard. He Indi-
cated that staff will move [orward with the previous violation and any
new violation that may occur If the new stipulations are not adhered
to. He divulged that staff could advise that there will be no
Certificate of Occupancy until the landscaping meets the standards.
Attorney Buhr replied that there was a predecessor company that
Page 30
July 26, 1994
apparently did not install the proper landscaping and as of this date,
all the perimeter plants have been installed.
Cosmtsstoner Saunders moved, seconded by Commissioner Norris to
approve Petition CU-94-1, with the proviso that the landscaping be
substantially completed prior to the issuance of a C.O.; that the
Citizens Committee be appointed as requested by Mr. Ferguson; that an
asphalt bikepath be constructed; including all stipulations in the
Agreement; and that scrubber technology be installed pursuant to the
sanufac~urer's specifications.
A discussion ensued as to whether or not there are sidewalks in
this area. Mr. Nino suggested that the motion state that: "There
will be sidewalks on the Tropicana frontage and the 32nd Avenue
frontage".
Mr. Buhr advised that the Uttlity's position is that sidewalks are
not required and the rate payere do not want to pay for that addi-
tional expense, however, if the Commission requires this stipulation,
it will be complied with.
Commissioner Saunders amended his motion to include language
stating that sidewalks will be installed on the West side of Tropicana
Boulevard and the North side of 32nd Avenue, however, if there is
currently a sidewalk in either of these two areas, it will be an addi-
tional sidewalk less that amount.
Commissioner Volpe questioned when construction of the sidewalk
would be undertaken. County Attorney Cuy]er advised that this would
be accomplished prior to the issuance of a C.O.
Upon call for the question, the motion carried unanimously,
thereby adopting Resolution 94-533.
OI30P, -, 76
Page 31
July 26, 1994
sss &t this time Deputy Clerk Barblrettt replaced Deputy Clerk Hoffman
(1434)
Item#lJA5
RESOLUTION 9&-53& RE PETITION CU-94-5, DR. NENO J. SPAGNA OF FLORIDA
URBAN IWSTITUTE, INC., REPRESENTING BETHEL A.M.E. CHURCH OF NAPLES,
INC., REQUESTING CONDITIONAL USE (1) (HOUSES OF WORSHIP), OF THE
ESTATES ZO1TING DISTRICT FOR EXPANSION OF AN EXISTING CHURCH FOR
PROPERTY LOCATED AT 6471 GOLDEN GATE PARKWAY, GOLDEN GATE ESTATES,
CONSISTING OF 2.16+ ACRES - ADOPTED WITH STIPULATIONS
Legal notice having been published in the Naples Daily News on
July 10, 1994, as evidenced by Affidavit of Publication flied with the
Clerk, public hearing was opened.
Planner Ron Nino explained that this petition is a request for an
expansion of an existing church. He stated that churches are per-
mitted uses within urban residential districts and/or rural estate
districts.
Mr. Ntno stated that the expansion has been evaluated pursuant to
the four criteria required for the granting of a conditional use. He
said that Staff and the CCPC agreed that the church expansion does
comply with the four criteria subject to stipulations.
At this time Commissioner Constantine swore in those who wish to
speak on the issue.
Mr. Nino pointed out that one of the conditions listed in the
agreement sheet is amended to a 15 feet sideyard buffer, that Item
4 be changed to eliminate the last sentence and state that "Parking
for this facility as expanded must meet the requirements of the Land
Development Code"
In response to Commissioner Volpe, Mr. Nlno stated that the church
will utilize well water and a septic system.
Dr. Spagna stated that the petitioner agrees to all the con-
ditions.
The following people spoke on the subject:
Dorothy Johnson Herbert Cambridge
Commissioner Constantine closed the public hearing.
Cosatesioner Saunders moved, seconded by Commissioner Norris to
77
Page 32
July 26, 1994
approvw Petition CU-94-5 subject to staff stipulations.
In response to Commissioner Matthews, Mr. Ntno confirmed that the
proposed expansion is within the guidelines of the Golden Gate Master
Plan.
Upon call for the question. the motion carried unanimously,
thereby adopting Resolution 94-534.
Page 33
July 26, 1994
(2340)
Ite~#13~2
RESOLUTION 94-535 P/ PETITION CU-92-6, DARRELL MIELKE, REPRESENTING
FAITH L~ CHURCH OF NAPLES, FLORIDA, INC., REQUESTING EXTENSION
OF A CONDITIONAL USE FOR ACCESSORY USES TO A CHURCH THAT HAS
PREVIOUSLY RECEIVED CONDITIONAL USE APPROVAL FOR PROPERTY LOCATED
WITHIN THE NORTHEAST QUADRANT OF GOODLETTE-FRANK ROAD AND SOLANA ROAD
- ADOPTED
Bob Mulhere, Acting Current Planning Manager, stated that this is
a second request for an extension of a previously approved conditional
use. He said that the petitioner has confirmed that the conditional
use for the child care center has commenced but the expansion of the
accessory uses has not yet commenced. He said that the petitioner has
indicated the church has installed portable structures for classrooms
with a temporary use permit on an interim basis and will move forward
within the next year. He said that Staff recommends approval.
Rev. Mundy, Pastor of the congregation, stated that approximately
$85,000.00 has been invested into portable classrooms and Interior
work. He confirmed that the expansion is expected to begin by the end
of the year.
Commissioner Norris moved, seconded by Commissioner Matthews and
carried unanimously, that Petition CU-92-6 be approved, thereby
adopting Resolution 94-535.
Page 34
3uly 26, 1994
(2464)
Item ~14A
UPDATE ON WATER TREATMENT PLANT - PRESENTED
Commissioner Volpe requested an update on the water treament
plant.
County Manager Dotrill stated the sand related problems are
solved as a result of the continual testing of the pre-filters. He
said that the extent to which sand was found in the lines seems to be
associated with the original construction of the line. He stated that
the evaluation is ongoing and the County will file a claim for costs
incurred. He stated that the plant is at substantial completion.
In response to Commissioner Volpe, Mr. Dotrill replied that the
plant has been a production mode for the latter part of this past
season.
see Commissioner Volpe moved, seconded by Commissioner Norris and
carried unanimously, that the following items under the consent agenda
be approved and/or adopted:
Item #16A1
RKSOL~TION 94-523 RE APPROVAL OF RECORDING FINAL PEAT OF "PHASE FIVE
QUEK]~ PARE AT EAGO VERDE" AND GRANT PRELIMINARY ACCEPTANCE OF TEE
ROADNAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS
see Page
Item ~16A2
WATER AND SEWER FACILITIES ACCEPTANCE FOR QUEENS PARK, PHASE FIVE -
WITH STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY
**NOTE: DOCUMENTS NOT EECEIVKD IN CLEEK T0 BOAED OFFICE AS 9/1/94'*
Item #16A3
RECORDING THE FINAL PLAT OF "PELICAN MARSH UNIT THREE PHASE ONE" -
WITH STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY
Item#16A4
REBOLUTIOR 94-524 RE RECORDING THE FINAL PLAT OF "KETCH CAY AT
WIMDSTARURIT TWO"
See Pages
Item#16B1
PBTITIOM AV-9&-Oll TO VACATE A PORTION OF A CANAL EASEMENT LOCATED ON
I PARCEL OF LARD LYING IN SECTIONS 27 AND 34, TOWNSHIP 48 SOUTH, RANGE
25 ~%~T, AS RECORDED IN OFFICIAL RECORD BOOK 682, PAGES 1974-1978, OF
July 26, 1994
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ACCEPT A
Pa~EASEMENT
/15' I i 7
Item e16B2 - This item was deleted
Item #16B3
PETITION AV-g&-013 TO VACATE A PORTION OF A 30' DRAINAGE EASEMENT
LOCATED ON A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, AS RECORDED IN OFFICIAL RECORD BOOK 1165, PAGES
1171-1173, OF TEE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
Item #16C1
AGRm~,.zRx WITH COOL CONCESSIONS, INC. FOR THE STAFFING AND OPERATION
OF THE CAXAMBAS BOAT LAUNCH FACILITIES
Item el6D1
CLAIMS OF LIEN FOR THE ENFORCEMEET OF THE NOTICE TO CONNECT TO COLLIER
COUNTY SEWER FACILITIES AND NOTICE OF IMPACT FEE STATEMENT FOR THE
EAST AND SOUTH NAPLES SANITARY SEWER PROJECT
Item #16D2
WRITTEN CONTRACT TO ACQUIRE UTILITY BILLING CONSULTING & ACCORD GROUP
AT CONTRACT PRICE OF $37,200.00
Item #16D3
SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND
PAYMENT OF SEWER IMPACT FEES FOR JON AND KIM RAY
Item #16D4
SATISFACTIONS OF CLAIM OF LIEN FOR ROBERT AMILCAR
Item ll6D5
STIPULATED ORDER FOR DEFENDANT'S COSTS RELATIVE TO EASEMENT
ACQUISITION FOR THE GOLDEN GATE WELLFIELD EXPANSION PROJECT - BUDGET
AieKll~.ssx ANOUNT 86,671.65
Item 816D6
Page 36
BULK SERVICE AGRI~EMENTS WITH SOUTHERN STATES UTILITIES FOR PROVISION
OF UTILITY SERVICES TO THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT
Item #16E1 - This item was withdrawn
Item 816E2
FOURTH AMERI)M~NT TO LEASE AGREEMENT WHICH REMOVES THE COLLIER COUNTY
PARES AND R~CREATION DEPARTMENT FROM RESPONSIBILITIES TO OPERATE THE
SH~RIFF"S OFFICE MULTIPURPOSE TRAINING FACILITY
Item #16E3 - This item was withdrawn
Item #16E4
RETAIN FROM ACTIVE SALES VARIOUS PROPERTIES OBTAINED FROM AVATAR
PROPERTIES, INC. AND PART OF THE GAC LAND TRUST FOR PURPOSES OF
PROVIDING GOVERNMENTAL FACILITIES FOR EXISTING AND FUTURE RESIDENTS OF
COLLIER COUNTY
Item #16E5
BAR-94-22 RE MAINTENANCE SERVICES R~VENUES THAT ARE IN EXCESS OF THEIR
BUDGtT (FACILITIES MANAGEMENT)
Item#16g6
SUBROGATION RECOVERY ON BEHALF OF THE COLLIER COUNTY GROUP BENEFIT
PEAl IN THB IU~OUNT OF 876,650.96; CHAIRMAN TO SIGN GENERAL RELEASE;
ISSUANCE OP CHBCK IN THE AMOUNT OF $11,000 TO SHENANDOAH LIFE
IRSURAICE CONPAIr/TO FULFILL RIGHTS OF SUBROGATION
Item #16F1
AUTHORIZE EM~ MATCHING GRANT APPLICATIONS
Item #16G1
CERTIFICATES OF CORRECTION TO THE 1991 AND 1994 SOLID WASTE COLLECTION
SPECIAL ASSESSMENT ROLLS, AUTHORIZE THE CHAIRMAN TO SIGN THE
CERTIFICATES ON BEHALF OF THE BCC AND AUTHORIZE REFUNDS AS APPROPRIATE
Item #16G2
ACC~PTANC~ OF THE LITTER AND MARINE DEBRIS PREVENTION GRANT AGREEMENT
Item t16H1
Page 37
JUly 26, 1994
APPROVAL OF THE LELY STORMWATER MANAGEMENT PROJECT
Item 816H2
APPROVAL OF THE STIPULATED ORDER FOR DEFENDANT'S COSTS RELATED TO
EAS~MX1TT ACQUISITION ON PARCEL NUMBERS 346, 346.1, 29 AND 29.1 LOCATED
IN TH~ PINH RIDGE INDUSTRIAL PARK M.S.T.U.
Item 816H3
APPROVAL OF WOK DIRECTIVES TO THE NORTH COUNTY REGIONAL WATER
TREATMENT PLANT CONSTRUCTION CONTRACT WITH GREAT MONUMENT CONSTRUCTION
COMPANY
Item816Bi
APPROVAL OF BUDGET AMENDMENT RECOGNIZING REAPPROPRIATION OF FUNDS FOR
leORE ON CO~8qUNITY DEVELOPMENT DISTRICTS
APPROVAL OF BUDGET AMENDMENT REALLOCATING FUNDS BY PROJECT FOR FY
1993-94
Item 816H6
AWARD BID 894-2218 FOR SANTA BARBARA BOULEVARD 16" WATER MAIN - TO
MITCHELL & STARK CONSTRUCTION IN THE AMOUNT OF $262,911.63
Item 816117
~ NO. · TO PROFESSIONAL SERVICES AGREEMENT WITH HOLE, NONTES &
ASSOCIATES, INC., FOR GOLDEN GATE MELLFIELD EXPANSION
See Page, aa- 3
Item 816H8
BUIXtET alq=s~!-~A TO APPROPRIATE FEMA REIMBURSEMENT FOR DEBRIS REMOVAL
0NFOORLOTS
Item816H9
~._~A WO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH HOLE, MONTES
& AS2OCIATES, INC. FOR MASTER PUMP STATION 3.14
Item #16H10
P,~J~CT ALL BIDS FOR BID NO. 94-2213 AND DIRECT STAFF TO REBID THE
PROJXCT - AIFTHORIZE MARINE LUMBER SUPPLY AS SOLE SOURCE OF WOOD
PRODUCTS
Item 816J
Page 38
July 28, 1994
MX~=~LI,~S OORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence was filed and/or
referred as presented by the Board of County Commissioners.
Page 39
July 26, 1994
Item 816J1
SATISFACTION OF LIEN FOR SERVICE OF THE PUBLIC DEFENDER
Item I/6El
see Page,
N~[DORS~M~IWT OF SHERIFF'S OFFICE APPLICATION FOR STATE OF FLORIDA,
DEPAkA~Rx OF _w~JtLTH AND REHABILITATIVE SERVICES GRANT
See Pages
Item e16[2
SmUOA~sMXNT OF SHERIFF'S OFFICE APPLICATION TO THE FLORIDA DEPARTMENT
OF BBALTN AND REHABILITATIVK SERVICES, OFFICE OF EMERGENCY M~DICAL
$ERVXCE~ FOR EM~R6~NCTMEDICAL DISPATCH TRAINING
S,e Pag,, 07&O'
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 1:35 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL ISTRICTS UNDER ITS
;>,.-' ~,;,.(~ T 0 ~ J. CON INE, CHAIRMAN
'~,::!'~..,.. ~ :: .
,! 1_ .,..;~;.~!!~$, .
.. presented'q~,7' r as corrected
Page 40