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BCC Minutes 04/05/1994 R Naples, Florida, April 5, 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 i!; have been created according to law and having conducted business herein, net on this date at 9~00 A.M. in REaULAR SESSION in Building "F; of the Government Complex, East Naples, Florida, with the · following members present: CHAIRMAN: Timothy J. Constantine VICE-CHAIRMAN: ALSO PRESENT: Betrye J. Matthews John C. Norria Michael J. Volpe Burr L. Saunders Marilyn Fernlay and Sue Barbiretti, Recording Secretarles~ Nell Dorr~11, County Managers W~lllam Hergatt, Assistant ~- County Manager; John Yonkosky and Jennifer Edwards, Assistants to the County Managsr~ Ken Cuyler, County Attorney; Richard Yovanovich, Heidi Ashton, Marjorie Student, David Weigel and Ramits Manallch, Assistant County Attorneys; Mike McNees, Acting Utilities Administrator; Wayne Arnold, Acting Site Plan Review Director; Tom Conracode, Office of Capital Projects Management Director; Dick Clark, Acting Community ~:' ~[.~;i':Development Services Administrator; George Archibald, Transportation Services Administrator; Bob ~ulhere, Acting Current Planning Manager; John Boldt, Stornwater Management Director; Greg Mihalic, Affordable [i Housing Director; Mike Smykowskt, Acting Budget Director= Jeff Perry, Chief Transportation Planner; David Russell, Acting Solid Waste . Management Director; Paul Brigham, Court Administrator; Deputy Dennis ~'- Huff, Collier County Shertff's Office; and Sue Fileon, Administrative i[: Assistant to the Board. Page April 5, 1994 , ~,(s¢) A(aEX~A - APP~OVgD WX~ C~lJGZS CoBLts~Lone~ Volpe Bored, seconded by Commissioner Norris and carr/~d~nan/~ousl¥, to a~r~ the I~with the c~ps u ~tlilg ~ ~ i~ C~ 8h~t, ~d the foll~lng addltlo~l it~g 1. Item *IOC - Discussion regarding street vendors - Continued to April 19, 1994 meeting. Item #1611 - Recommendation to the Governor for appointment to the Board of Co~t~lssions of the Immokalee Water and Sewer District - Moved to Item #10E. Item #16D? - Claims of Lien-Enforcement of the Notice to Connect to Collier CountV Sewer Facilities and Notice of Impact Fee Statement for the East and South Naples Sanitary Sewer Assessment Project - Continued to April 12, lgg4 meeting. 4. Item #16D8 - Acceptance of water line from David Lawrence Center - Moved to Item .8D1. 5e Item #16G2 - Reject Bid No. 94-2164 and authorize the Purchasing Department to resolicit bids for the Doctor's Pass five (5) mile artificial reef project - Moved to Item #8G4. Item ,16H1 - Purchase of a land Interest and accept the con- veyance therefrom for road right-of-way Improvements along Santa Barbara Boulevard (Office of Capital Projects Management Project *62081 - Moved to Item ,8H4. Page 2 (288) ~*'oo]rsl]rT &(al]lDJt - AFFR~ A]rD/OR Aprl2 5, ~994 The motion for approval of the consent agend~ Ie noted under Item ~16o (204) HINUTES OF T]~ STRATEGIC PLARRINGHEETING OF ]~BRUARY 28, 1994, ENVIRO]~(E~TALtlORE~HOP OF HARC~ 3, 1994, REGULAR HEETING OF N&RC~ 1994, GOLDEN G&TE TONN ]~LL I~EETING OF HARCH lO, 1994, AND BUDGET ~ORK~HOP OF I~ARCH 14, 1994 - APPROVED Cona~ee~oner Norris moved, ascended I~ Connieeisner Saunders and carried unanimously, to approve the Hlnutee of the Strategic Planning Nesting of February 28, 1994, Environmental Norkehop of March 3, 2994, Regular Nesting of Hatch 0, 1994, Golden Gate Town Hall Heating of Hatch 10, 1994, and Budget Mork~hop of Harch 14, 1994. (287) Item · I~LOY~ S~RVICE .~S - PReSeNTeD Copiestoner Constantine congratulated the following employees for service with Collier County Government: Diane E. Brubaker - 15 Years, Administrative Services Mary 3. Each - 15 Years, Animal Control Philip R. Cramer - 10 Years, Utilities/Water (sos) Presented Presented Presented BUDGFT ~S 94-287/288, 94-292/293, 94-295, 94-298, 94-300/301, 94-304, 94-311/312 A,TD 94-314 - ADOPTED Acting Budget Director Hike Smykowski requested adoption of the twelve (12) routine Budget Amendments as shown In the Executive S~mmary. Commissioner Hatthews stated that Budget Amendment 94-312 trans- fers funds to the OCPM Construction Hanagement account and m spreadsheet needs to be prepared Indicating budget amendments approved and expected amendments for the balance of this fiscal year to keep the Board Informed of the status of the Department. She pointed out Page 3 April 5, 1994 that the Board approved consolidation of personnel to save monies but numerous budget amendments have been requested to move funds into the &ccount. Cc~aeLonsr Volp~ ~ov~d, seconded b~ Comlsston~r W~tthew~ ~d c~~~ly, t~t ~dget ~n~ntl 94-28?/2el, 94-292/293, 94-295, 94-29~, 94-300/301, 94-304, 94-311/312 ~d 94-314 ~ adoptsd. (306) CL.B]~S ~ - NO ACTZON T~ Comissioner Constantine stated that the Clerk's Report is for information purposes only. lte~ ~0 - Deleted (425) ~ APRIL 12, 1994 Ms. Susan Watts of WCN Communities, in place of Louie Hoegered, requested that the Board take action on an amendment to the Preliminary Work Agreement executed In June 1993 allowing construction of the Pelican Marsh Golf Course. Me. Watts explained that the golf course is complete and final acceptance of the golf course and water management system has been . given by both Collier County and the South Florida Water Management ; District. She stated that the majority of the property is under WCN Communities ownership with the remaining portion to be taken down in a series of options over three (3) yearst however, the owner under option has Indicated that they are not Interested In signing the final .plat for recordation. . Ms. Watts atated that the amendment is being requested In order to complete final platting of three (3) individual parcels upon take do~n on December 1, 1994, 1995 and 1996. She explained that WON ~ Communities, County Project Review Staff and Attorney's Office created 'three (3) stipulations within the agreement as a solution to the Page 4 April ~ 1994 ~'proble~ which does not create adverse affects to the public and is a protective mechanism for the residents of Pelican Narsh. Richard Yovanovlch, Assistant County Attorney, stated that the Agreement provides that WON Co~unitles poet a performance bond to assure reconstruction of the drainage system as It originally existed for proper drainage to protect the residents, public and the County ;: should At be necessary to complete the work An-house for any reason. "" In response to Commissioner Volpe, Mr. Yovanovtch explained that ~:;i:' the water aanagement system has been constructed but the concern ta [:';' that should the take downs not occur, the subsequent property owners could fill the lake and eliminate the legal drainage system. County Attorney Cuylsr etated that the Agreement has been reviewed for legal sufficiency but needs to be reviewed by the Board. It w~s th~ consensus of the ~oard to continue this lteaunttl the Itu ~B RICHARD L. ELA~ I~tRDXNG BXLLINa FOR COU~TY#A~ FOR ACCOUFf NO. 03902280600 A~ 03902280600, JAM~S ZANDi AND ACCOUNT NO. 03902210601 AND 03902280602, CME OF NAPLES, XNC. (NlRAMAR BEACH AND T~NNIB CLUB) - CONTXNUED TO MEETXNa OF APRXL 19, 2994 FOR STAFF TO INV~STI(IATH Attorney Dudley 0oodlette, representing Richard Klaae, stated that the water usage in question did go through the County water system but it is impossible that $15,000 in water was utilized during the period from August 27, 1992 to September 21, 1992. Mr. Goodlette pointed out that since the facility was opened in October 1992, a consumption and bill history Indicates that the average bill has been approximately $250.00 per month. He explained that he would like Staff and the County Manager's Office to investigate the billing to ascertain whether the charges belong to another account. County Manager Derrill stated that the meter was checked and found to be 99.6 percent accurate. He Indicated that there may have been an Illegal/improper tap as part of construction of a series of adjacent condominiums. Mr. Derrill explained that one (1) of the two (2) Page April 5, 1994 meters at this location services a small clubhouse and restaurant facility and the other services a small irrigation system. Mr. Derrill stated that the Miramar Beach and Tennis Club is requesting relief under hardship for the excessive billing but this must come from the Board of County Commissioners because the County Manager does not have the authority to grant relief for water that has been properly sold. He explained that the hardship is the alleged theft of water associated with the construction to the south of this project and that the bills are extremely large for water meters this OlZe. Mr. Derrill etated that it is extremely difficult to prove that a water theft has occurred but based on the billing history, the Board can grant a wa/ver or an exception for the period the theft may have occurred. Mr. Goodlette explained that C~K of Naples purchased the vacant property from James Zand on August 12, 1991 and why there was a meter on the property is a mystery. Mr. Derrill stated that C~X of Naples may still need to pay the County for the deposit since the deposit is in the name of Mr. Zand. Cmmaisstone~ Saunders moved, seconded by Conntssione~ Volpe and carried unanimously, that this ite~ be continued to the meeting of April 19, 1994 and Staff to explore water theft and typical actions taken under slmlla~ situations. Commissioner Volpe questioned if ~nstallment payments can be ~ade on thAs account? Mr. Derrill replied that latitude has been shown on this account because of the on-going investigation and Installment payments are certainly a remedy available to the Board. (900) ~C'1'L'~1'1~ PROGIU~I - CONTZNO~D 70 I~g~Z~G O~ APRI~ 2~, 1994 Michael Hessel, Community Association Manager for The Glades Country Club Association Apartments, stated that it is in the best Page 6 April 5, 1994 interest of Collier County, Haste Management and The Glades o~ners for the Glades Association to be exempt from the contract provisions of a multi-family recycle program. Mr. Hessel stated that since the originatton of The Glades Community, the Association has handled the garbage disposal needs of the Com~a~nity by p~ckAng up ~d hauling ~rash to ~he landfill for 1~253 condominium uni~s He explained tha~ the cos~ per uni~ for this se~ice ~s 85.80 per month for three (3) weekly curbside pAck-ups representing a savings of $31.41 per year per unit or 839,0~8.42 for the co~A~y. Mr. Hessel stated that The Glades washes to participate In the Co~ty re.cling program by providing a curbside box which 1~ smaller ~d ~ore convenience for storage An the apartments th~ those provided by Haste Hanagement. He explained that many unit o~ers ~ay not par- t~cApate An the recycling progr~ If re.ired to utilize the larger ban there~ creating ~ore garbage for the landfill. He pointed out It ~All be easier for The Glades ~agement to .GnAtor the cooperation of ~he residents ~d taiAor education programs to fl~ the needs of the co~l ty. Hr. Hessel explained that The Glades has not been able to reach ~ agreement with Haste Hanagement without the intervention by the Co~ty. He ~tated that if The Glades As exempted from the charge, all recyclable~ will be delivered to Haste Hanagement, enabling the~ to off fleet the loss of revenue with the sale of the goods without the cost of collection. ~r. Hes~el stated that a newspaper article of March 31, 1994 related that a problem has been encountered ~n Has~e Managesshe'S efforts to purchase additional e~tpment which should give them sore flexibility An accept~ce of The Glades' proposal. He explained that The Glades As ready to purchase a ~ow maintenance tra~ler desired to handle the seven (7) different recycle items for delivery to Haste ~agement. ~lchael Kennedy, Has~e Management, stated that Haste Hanagement Page 7 April 5, 1994 has already coultted over $500,000 to purchase the vehicles and con- tatnets and those costs cannot be recovered. Mr. Kennedy pointed out that there are approximately 4,000 units in Collier County that have exemptions for their o~n garbage pick-up which equates to an addl- ~' tional $.15 added to the $.92 tf all were exempted for Waste Management to recover the cost. ~: In response to Commissioner Constantine, Mr. Kennedy replied that ..~ Waste Management recovers the cost by the fee the Individual units pay for pick-up and only ten to fifteen percent (10~-lSX) is recovered by '~- the recyclebias that are sold. Mr. Kennedy pointed out that Waste !~? Management cannot accept recyclebias collected by third parties due to liability Issues and quality control. Coutastoner Constantine stated that another community has a simi- lar situation ae The Glades and may be interested In contributing to a discussion on this Item. Commissioner Saunders stated that the Area should appear on the regular agenda for discussion by all concerned parties but he 1s not optimistic that the issue can be resolved in favor of the homeowners because of the contract with Waste Management. County Manager Derrill stated that three (3) weeks will allow for contacting all concerned parties. It wa~ the consensus of the Board that thio /ten be scheduled for ~XL~~Z~ OF l~l~ ~LDE~SS ~BXLE HO~ P~ ~O~ ~D~ VXO~TXORB - ~RCM~S SUSP~ED ~XL F~L 1994 ~ ST~ TO ~UA~ CODE COaXeS Louie Uhrich, representing a committee from the Imperial Wilderness Resort, stated that the residents of Imperial Wilderness Resort wish to work with the County to resolve the situation that exists. Mr. Uhrich requested that the Board of County Co~isaloners ~'. suspend enforcement of the alleged violations and direct Staff to Boo OCO- 17 Page 8 April 5, 199& review the Code guidelines as they apply to Imperial Wilderness for possible revisions, In response to Commissioner Matthews, Dick Clark, Acting Community Development Services Administrator, stated that Imperial Wilderness zoned Travel Trailer and Recreational Vehicle (TTRV}. Co~u~isetoner Matthews stated that one problem Is that the Property Appraiser's Office and part of the Development Servlcee Division con- sidere Xmperial Wilderness residential property and allows homesteading and permitting based on residential uses; however, Code Enforcement considers Imperial Wilderness commercial. She pointed out that the TTRV classification needs to be clarified so that there is no misunderstanding as to exactly what it means. Mr. Clark stated that the problem is a language conflict between the Building Coda and the Land Development Code and Staff supports the requests made by Mr. Uhrich. He Indicated that permits obtained for the common areas are considered commercial because a group of people utilize the areas and the other areas in a residential sense but It is a computer classification am opposed to legal use. '- Commissioner Baund~ra ~oved to ~uspend the anforcomnt until Fall ~ 1994 to all~ Staff to ~al~te C~em ~d ~e neceo~a~ c~gel rill- s( tire to ~ Dietrtct~ An Collier C~ty. Seconded ~ Co~te./oner Callastoner Volpe etated this problem will arise a~atn as lon~ as the TTRV classification Is not clarified because the TTRV zoning district restricts permanent occupancy. Mr. Clark explained that the part time and full time aspect of the zoning will also be investigated. Leonard DelVecchlo spoke on this item. Commissioner Constantine requested that Mr. DelVecchto be included in meetings with homeowners of Imperial Wilderness during the lnvestI- :' gattons conducted this summer. Upon call for the question, the ~otlon carried unaal~#r~sly. (2050) Page 9 April 5, 1994 I~CO~0~NtTION~ FOR RESOLUTION Or ONGOING FROBLEI~ ON C]!0EOLOSI~ ISLM~D!t~L~TED TO ~O~-CO~FORNI~G LOTS A~D STRUCTURES AND THE I~ABILITY OF V~IOU~ PROFERTY ~ TO UTILIZE THEIR PROPERTY - STAFF TO EFFECT CH~N~S 1~ LM~D DEV~O~ CODE AN~q~NENT CYCLE Bob ~ulhere, Acting Current Planning Manager, stated that on March l, 1994, Staff was directed to meet with property owners on Chokoloskee Island to resolve ongoing problems relative to their ina- bility to utilize their property and obtain building permits. Mr. Mulhere explained that Staff tried to effect a solution that could apply Countywide but the equal protection or equal application leeuss relative to the Chokoloskee Island problem was not applicable Countywide. Mr. Hulhere stated that Staff met with Kim Eobza and Bruce Anderson, representing the property owners, and County Attorney's office representatives to research the subdivision history of Chokoloekee ~sland and found that the prevailing development pattern predates the first Collier County subdivision ordinance. He explained that based on the subdivision history and the Zoning Resvaluation Exemption Ordinance adopted by the Board of County Commissioners in 1990 for Chokoloskee Island, Plantation and Copeland, it became obvious that Chokoloekea Island is a unique situation. He pointed out that the necessary infrastructure required to support the development pattern is in existence though not conforming to current subdivision standards but Is performing adequately to service the residents. Mr. Nulhere stated that Staff is suggesting that Chokoloskee Island is qualified for an exemption from the subdivision standards subject to certain submittal requirements. He explained that Staff will present the exemption language to the Collier County Planning Commission for their approval prior to incorporation into the Land Development Code Amendments for Board of County Co~u~lsalonere approval. Connieeisner Volpe questioned if an exemption is created for Chokoloskee Island from the subdivision regulations, who will maintain the subdivision Improvements? Page lO April 5, 1994 Nr. Nulhsrs explalnsd that moat roads are currently maintained by Collier County but any future, private roads or accass easaments that develop because of division of land will be maintained privately. He indicated that an agreement for maintaining the access and a hold · harmless agreement will be required. Hr. Mulhere pointed out that water and sewer lines have to be extended to Chokoloakee Island from Everglades City but it will be tn the future. The following persons spoke on this item. Kl~ Kobza Harold Hall Nr. Nulhare stated that Mr. Anderson cannot be present due to a !:¥ death in the family but by letter has requested that the Board of County Co~tsatoners move forward as quickly as possible with Staff recouendattona. Co~tsatoner Matthews stated that the urban and rural zoning requirements are significantly different but nothing has been done to adjust for the differences and this is the third or fourth time that the Board of County Co~u~isalonere has heard exemptions to the ordi- nanca In the past three (3) months. County Attorney Cuyler stated that this area Is unique in that it was 60 percent to 70 percent built-out prior to adoption of Collier County subdivision regulations. He explained that an Inherent problem with a Countywide ordinance is trying to proceed under the require- ments when unique situations arise but there really is no alternative. Co~aAselone~Natth~ ~oved, seconded by Co~miesioner Nor~As and carrledunani~ou~ly, that Staff should affect changes to the Land Melop~ent Coda tn the ourrent ~nd~ent cycle to ama~pt Chokoloak~ Island fro~ ~ubdIvlalon regulations ~ubJect to certain ~ub~lttal Item d~SB1 - Continued to April 26, 1994 Meeting (2?08) Ztem,eB2 REPORT BY THI FLORIDA DEPARTM~IT OF TRANSPORTATION (FDOT) 0NAN ALTElq]iATIF~ROADCROSS-SECTIONFOR U.S. 41HKTNKINMYRTLE ROAD AND IIMOKALZIROAD - SUPPORT FOR PROPOSAL FORMARDKDTO THE METROPOLITAN PLAWrI3~ OROA]/IZATION (MPO) Page April 5, 1994 Transportation Services Administrator Archibald etated that the Board directed the Transportation Staff to work with the Florida Department of Transportation for alternatives for the construction project on U.S. 41 north from Myrtle Road to Immokalee Road and from Immokalee Road to old U.S. 41. FDOT District I Regional Secretary, David May, stated that options were requested to enable p/acing the U.S. 41 project back into the five (5) year work program which was constrained by funding. Mr. May explained that to effect a change in a typical section, the Federal Highway Administration requires that a Design Change Resvaluation document be prepared, a public hearing held, suggestions analyzed and the request submitted for approval. He stated that to effect the proposed changes requires community and political support and, for this project, significant contributions by the development co~munity. Mr. May stated that the proposed modification can reduce substan- tially the cost by combining the two (2) projects while still main- taining most of the amenities and places the projects back Into the five (5) year work program. Mr. May stated that the original plan was an urban cross-section with a 30 foot wide median but exceeded the original cost estimate. He explained that the proposed modification ts a suburban section and modifies the median to a width of 22 feet and utilizes most of the existing pavement from Gulf Park to Immokalse Road which represents a substantial saving. Mr. May stated that 20 feet of right-of-way is required from Gulf Park to Vanderbilt Beach Road on the west side. He Indicated that Trail Boulevard will be utilized as a bike path on the east side of U.S. 41, crossing at Vanderbilt Beach Road to the west side with an eight foot (8~) wide pathway north to old U.S. 41 to ~atntatn m continual bike path. Mr. May stated that a paved shoulder exists on the suburban sec- tion and is rural on the outside with a raised median In the center which is suitable for landscap~h Page 12 April 5, 1994 Hr. May stated that north of Immokalee Road is heavily commercial and it Is proposed to maintain the urban section from Immokalee Road to Imperial Golf Course Boulevard because of the number of commercial use driveways, which makes drainage control Imperative, and to mini- mize the environmental impact. He explained that the suburban section will be utilized from Imperial Golf Course Boulevard north to take advantage of cost savings and a pathway will be continued on the east side to accommodate the residential area. Mr. May stated that the north bound bridge will be replaced and the south bound bridge will be widened which minimizes the movement of traffic problea, environmental Impact and cost. Nr. May explained the the figures presented are preliminary draft ['. estimates with the cost for both projects at $22 million for the urban project which represents a $10 million savings over the original rural section and the proposed cross-section is in the range of $12 to $14 ~lllton assuming a substantial developer contribution of right-of- way. He stated that the FDOT has been working with the primary deve- lopers in the area to accept the stormwater run-off for retention !~ and/or detention purposes and to buy property suitable for mitigation :t!'~. needs. Mr. Nay pointed out that front footage will determine the I~' , ~; ; exact amount needed for final design but it is anticipated that 20 feet of right-of-way will be required. Mr. Nay explained that if developer contributions are not obtained, the Board of County Commissioners Is not Interested in pursuing this Item or if the MPO decides not to approve the change, the Federal Highway Administration will not approve the modifications to the typical section. Mr. May pointed out that in the sixth year, the 810 million savings will be available for another project within Collier County. ~n response to Co~missioner Volpe, Mr. May replied that the change from urban to rural was made because of substantial interest in the comnmnit¥ to get the project back Into the five (5) year work program which required cost saving alternatives. He explained that if addi- Page 13 April 5, 1994 tlonal changes are requested or required, another public hearing is required. ~ · 'Tape Nr. Nay stated that approximately $16 millton ts budgeted in the work program for the project. In response to Co~u~tsstoner Saunders, Mr. May stated that the Board of County Commissioners should recommend to the MPO that they recommend to the FDOT to pursue a Design Change Reevaluation which opens the process up to public hearing. In response to Commissioner Norris, Mr. May stated that the Naples Park section Indicates a sidewalk on the west side of U.S. 41 and a dry or conveyance ditch which is very shallow and goes into & yard drain running under U.S. 41 to the east side and conveying water Into a retention pond. He pointed out that the design will prevent water from standing in the ditch except when it Is raining and will improve the flooding problem in Naples Park. Transportation Services Administrator Archibald stated that on the four lane section of S.R. 951, north of Golden Gate City, there is a grass ~wale on the west side and is considered a dry swale. In response to Commissioner Volpe, Mr. May stated that the urban section ts being utilized from Immokalee Road to old U.S. 41 to mini- mize the environmental effect while crossing the existing bridge. The following people spoke on this item. Douglas L. McGilvra }?arte Sourbeer Vera Fttz-Herald Chris Straton Hens Pietort Bill Neron Mr. Archibald stated that the pictures presented depicting sand bags placed at m culvert is along Trail Drive and the County is responsible for maintenance. He explained that It to a dry ditch and due to water management criteria, sand bags were placed there to keep the water at a certain level. In response to Commissioner Constantine, Mr. May reiterated that the proposed dry ditch will alleviate the flooding problem in North Naple.. ~00K 0C0P'~£ ~ Page 14 April 5, 1994 Co~,aissioner Volpe stated that the public wants an urban section and now a design change is being considered but the public still wants i;/."an urban section, In response to Couissioner Volpe, Nr. lday stated that a $5 million savings ~s realized by utilizing existing p~ve~en~ ~n the project and the $600,000 savings tn engineering costs ~s realized because the t~ical urban section re~tres a substantial a~oun~ of drainage desto, plus the roadway ~us~ be totally redes~ed. In response to Coutsstoner Volpe, Nr Archibald stated that a capacity problem will result In a level of service problem thus creating a con~rrency problem. He pointed out that the concurrency problea c~ be addressed by lowering the level of se~tce on the road- way If the Department of Co,unity Affairs approves lowering the level of entice. Nr. Archibald stated that development along the project corridor In Naples Park will be coaplete prior to the beginning of this :~ ' project ~lth the exception of couerclal properties. ~eff Perry, Chief Transportation Planner, stated that either of the subject sections could create a concurrency problen if traffic continues to Increase as projected, especially the I~okalee Road to old ~.$. 41 because it is farther out of the five (5) year work progr,. He explained that the County can take credit for any project that Is within the first three (3) years of either the County or State work progr~ as meeting concurrency. Hr. Per~ stated that legislative provisions allow local govern- nents to set temporary levels of service for concurrency purposes on State roads If the State is unable to advance a project to meet Comfy desires. Co~issioner Volpe stated that if a concurrency problem does not exist, why not ~alt until the sixth year to start the project and ~tve the residents of Naples Park the urban section they desire? Nr. Perry Informed the Board thak the concerns raised by the deve- lopment co,unity, ~conomtc Development Council and Chamber of Page 15 April 5, 1994 Commerce are to avoid a concurrency problem and the Improvements are desperately needed because of traffic congestion. Commissioner Saunders stated that the savings realized will be spent In Collier County to make improvements elsewhere. C~lssloner Morris ~ov~d to forward support for the proposed &lte~n~tiv~ to t~ ~tro~ltt~ Plying Org~lzmtton, t~t con- st~rltl~ ~ gl~n to ln~t rmcmt~d by the ~bllc s~rs ~d ellat&re t~ ~ ditch tn t~ Naples Park ~ea. Second ~ 'Coalsstoner Constantine stated that he supports the proposed alternatives because the pro~ect can be completed cheaper, sooner and assurance has been received that it will Improve the drainage In Naples Park. Coalsstoner Natthews re~ested that Nr. Archibald do a comparison of linear feet of co~erctals driveways that ~tll cross over the dry ditch to the number of linear feet that will be open ditch in order to dectde If consideration should be given to closing In the ditch. Nr. Nay stated that it will be very difficult to ascertain how ~ch of the property is driveway or apron because of the tllegal parking problem tn Naples Park. He explained that the FDOT ~ill have to reclaim the right-of-way and the majority of driveways will be retapleaented. ~ clll for t~ ~eotlon, the ~tlon c~r~lsd 4/1 (Contoslone~ Assistant County Attorney Student stated that there are five Counties in the State of Florida that have Implemented Variance Hearing Officer Programs. She noted that Broward County has most recently enacted a Hearing Officer Program, adding that this Officer .ibm&rs only variance petitions and has final order authority. 000,, 25 Page 16 April 5, 1994 Assistant County Attorney Student stated that the attempt to define a minor rezone will require further work with Staff. Assistant County Attorney Student reported that most of the Counties, the Hearing Officer has final order authority on the quasi- Judicial matters She stated that on legislative matters the Hearing Officer will make a recon~mended order to the Board of County ComnAssionere. She revealed that An Hillsborough County the Hearing ~ Officer order As ~datory on everything. Ms. Student stated that Lee County projected tha~ the budget for one Hearing Officer and support Staff would be approximately $22T,266.00 on an ~nual basis. D$~a Parker, Chief Hearing Examiner of Lee Co~ty, stated that the program has been in force for approximately five years. She sa~d that the Board of County Co~tssloners approved of the program 8o well that Ln 1990 the Code Enfforcement hearings were also transferred to the Hearlng Examlner. She reported that at that time an add~tlonal HearLng ~am~ner and support Staff ~as added. She stated that the present budget for two Hear/ng Examlners, support staff and 3,000 ~are feet ~8 approxlmately $38Y,000.00. Ks. Parker reported that when the program began 1t was a composite of several programs wlth/n as ~ell as out of State. She stated that at Its Incapt/on the Hearing Examiner did not have final authority tn ~y case, but would make reco~endat/ons to the Board. She 8ald that tn 1992 the Board transferred final dec~81on authority to the Hear/rig ~lner for all var1~ces, special except/on8 and special permits. She 8ald that the Board 18 constderlng gr~tLng final decision author/ty 1n zonlng hear/ngs due to the outcome of the Snyder Case. Ns. Parker revealed that out of the 1,312 cases heard 8/rice 1989 ippr~1~tely 20~ were overturned by the Board of County Co~1881oner8. ~. Parker explalned that the Planers rayLaw the petttlon to see , If 1t t~ consIBtent wlth the Co~ty and State Law. She ~tated that If a difference of op~nlon occurs, the Board raceLyes a reco~endatlon Page 17 from the Hearing Examiner and the Planner. Ns. Parker announced that one of the reasons for the success of the Lee County Program Is due to an ex parts communication prohibi- tion, which prohibits lobbying. In response to Commissioner Saunders, Ms. Parker replied that the Hearing Officer Department reports directly to the Board of County Commissioners. In answer to Commissioner Saunders, Ms. Parker explained that the petitioner does pay a review fee. Ms. Parker stated that the program is popular with most of the County. Commissioner Constantine co~u~ented that he does not agree with the concept of the program being funded by General Funds. He inquired as to what Impact the program would have on the fee schedule? In response to Commissioner Constantine, Ms. Parker stated that in approximately 80~ of the hearings the petitioner represent them- selves. Referring to page 9 of the Executive Summary, Commissioner Constantine pointed out that he has concern with 14 of the 22 Issues listed as possible items that the Hearing Officer would have final authority on. Ms. Student stated that the Items list where final authority ,could be granted. She said that the items listed are quasi-Judicial in nature, Commissioner Constantine remarked that he is concerned with the ,budgetary issue. He stated that he would prefer to set the parameters i~?'of what authority the Board wishes to designate to another party. He said that he would like to direct the County Attorney to define how thio ~ay be accomplished with the Collier County Planning Commission In conjunction with an appeal process to the Board of County Commissioners. Commissioner Volpa agreed with Commissioner Constantine. He said Page 18 April 6, 1994 that it Is important to decide what Issues may be more appropriately handled. In response to Comteeisner Volpe, Ns. Parker revealed that the salary of the Chief Hearing Examiner starts at 865,000.00. In reply to Commissioner Volpe, Ms. Parker explained that the ex parts communication prohibition Is restricted to zoning petitions. The following people spoke on the subject: Kate Maas-Zlchella George Keller Coatsstoner Norris stated that Items regarding property rights and values are the most Important functions of the Board of Count~ Commissioners. He ~esttoned the purpose of the proposed pro.am. Co~lssloner Sanders stated that the proposed progr~ would allow more time for the Board to consider Long Range Planning. Co~ss~oner Saunders stated that the Snyder Case has pointed out that the Board ~st not be arbitrary in the dects~on ~aktng process. Copiestoner Norris suggested that rather than proceed ~tth the progr., that the codes be redeveloped in order Coatestoner Matthews stated that she agrees with ~a~ders. She said that the progra~ would provide a cost savtng. She remarked that the Board should spend its tt~e developtn~ criteria ~der which the Heartn~ Officer would make a decision. 0outsstoner Constantine su99ested that the Board should set the par~eters of what responsibilities will be allowed before any action Is t~en. Coalsstoner Volpe co~ented that the recent chugs in the law has prompted this dialssion. He said in the very least the m~ner which the County Attorney represents the County must be changed. Csimmt~ a~rm ~md to direct the C~ty ittom~ to con- tt~ to ~1~ ~ ~e=lnQ Offlcs~ ~o~a ~ttemed after the pr~u ,oo, agog,,, 28 in Leo C~-~ty, to prepare the amendment to the Special Act dealing ~ ~11 for the ~.tion, the ~tlon failed 2/3 (Co~ls.toners C~t~t~, Io~ls ~d Vol~ o~s~d). a ~ of ~e ~s of tense t~t c~ld ~ ~dled ~ the Collier C~W PI~ Cmlsslon ~der the $~clll lct. Seconded by ~j: Coatsstoner Constantine. ~ clll for the ~stlon, the ~tlon cvrtsd ~tmly. (10gl) Xt~ ~10D County Manager Derrill explained that the County received a request from the local chapter of the Red Cross to assist in the cleanup of a destroyed mobile home for which there is no insurance. He explained that the destruction occurred as a result of the tornado. ! County Manager Derrill requested that the Board authorize a waiver of the tipping fees and associated budget amendment to clean up the i mobile home. He reported that Staff recommends approval. He revealed that the maximum value would be between $500.00 and $1,000.O0. Commissioner Norris Bored to authorize a wuiver of the tipping fees 8nd 8o~ociated budget a~endsdnt. Seconded by Matthews. ~ Upon call for the question, the motion carried 5/0. i: s$s Recased: 12:[0 P.M. - Reconvened: 2:00 P.M. i.(11as) lte~#12Cl COIJBXDI3tATXONOF THRMARCO iSLAND CABLE, iNC. APPLXCATXON- TABLED - ' U'~XL LATER Legal notice having been published tn the Naples Daily News on February 25, 1994 and March 4 and 11, 1994 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Page 20 April S, 1994 Assistant County Attorney Ashton revealed that two Statutes should be considered in reviewing this application. Ns. Ashton read Florida State Statute 166.06 and commented a franchise cannot be granted on more favorable terms, it can be less burdensome but not more so than the current operators. In response to Commissioner Norris, Ns. Ashton replied that geographical limits could be an issue. She stated that this applica- tion has been reviewed by the County Attorney's office and this ser- vice area has been found to be in compliance with the Statute. Assistant County Attorney Ashton presented a copy of an amendment to the Cable Act which is a Federal Statute. (Copy not provided to Clsrk's Office). She summarized key pointer that a new franchise can- not be reasonably denied, that a reasonable amount of time be granted to provide service; cable operator will provide public access chan- nsls; cable operator has the technical, financial or legal quailfica- ttons to provide service. 3ennifer Edwards, Assistant to the County Nanager, stated that her recommendation is subject to the following conditions; shareholders of Narco Island Cable, Inc. are required to sign a Personal Guarantee for all obligations of the company. In response to Commissioner Volpe. ~s, Ashton explained that the guarantee is necessary because this Is a new company without a long term financial history. Ns. Ashton stated that the guarantee will Insure that the funds for the business will be provided. In response to Commissioner Constantine, Ns. Edwards replied that the petitioner has not agreed to the Personal Guarantee. Ns. Edwards stated that the next condition Is that the Agreement will be limited to three years. Ns. Edwards reported that the petitioner originally submitted a service area of 6.5 miles. She stated that the petitioner has sub- nitted an amendment to the original application which reduces the ser- vice area to 2.1 miles Including single family dwellings. She Page 21 April 5,-1994 presented a map to the Board which indicates what wae Initially eub- mitred and the a~ended proposal. (Copy not provided to Clerkte Office). Ms. Edwards indicated that the third condition is that the peri- tAGnet will obtain all necessary permits for right-of-way clearances or a signed agreement from Lea County Co-op once It has been deter- mined if installation will be under ground or above ground. In response to Com=tssloner Volpe, Ms. Edwards replied that the company will be required to cablecast the Board meetings and Channel 54. She revealed that the petitioner agrees to this requirement only Af Colony Cablevision allows him to interconnect to that service. Xn response to Conissioner Saunders, $ohn Yonkosk~, Assistant to the County Manager, replied that he has reviewed the petitioners financial docu=entatlon to ascertain whether they would be able to make a Personal Guarantee. He said that they have a net worth of mid/high six figure value. He stated that based on his review that can make a Personal Guarantee in a combined capacity. Ms. Edwards commented that todayte action will be a policy deci- sion which will affect the whole County. Ms. Ashton remarked that the poetrion of the County Manager is to promote competition. In answer to Commissioner Constantine, Ns. Edwards stated that the ~.'~ petitioner will be required to meet all Federal regulations and As ~:: prepared to do that. Ns. Edwards stated that $taff's recommendation is to award the franchise with the following conditions; Personal Guarantee, three yea~ term and that the appropriate authorization be obtained from State, County or Lee County Co-op for installation of cable equipment. In response to Commissioner Volpe, Me. Ashton explained that the Ordinance provides that the petitioner build out 25~ each year for the · first two years, 15~ thereafter. ['~1111a~ Gaston, President of Marco Island Cable, Inc., commented that the Ordinance requires that the adjoining cable companies share 3! Page 22 April 5, 1994 public access programming. He stated that if the Board directs Colony '" Cablevision to follow this requirement he will broadcast Channels 11 Mr. Gaston explained that he objects to the financial Issue because it is open-ended. Secondly, he objects because he does plan to take on investors, if at some point he wishes to sell a portion of " the stock, the shareholders would be required to agree to the Personal Guarantee thereby making it difficult to attract Investors. Mr. Gaston stated that he has no objection to the three year term. Mr. Gaston suggested, as alternative to the financial Issue, to put 100~ of the construction funds in an escrow account. Commissioner Volpe asked if a Cash Bond has been considered in lieu of a Personal Guarantee? Ms. Edwards replied that the consultant has considered all alter- natives and decided that a Personal Guarantee is a sure way for the County to recover funds. In response to Commissioner Saunders, Mr. Gaston explained that hie net income le estimated to be $3.50 per subscriber per month. Mr. Gaston stated that estimated costs for underground construc- tton is $15,000.00 per mile and $9,000.00 per mile for above ground construction. He remarked that both types of construction will be used. The following people spoke on the subject: Dudley Goodlette Ken Fuchs Mark Firestone, Attorney for Marco Island Cable, Inc., stated that the basic issue is whether to have a competitive, multi-channel set- vice in Collier County or preserve the monopoly position enjoyed by Colony Cablevision. He Indicated that Congress intended to enhance competition when they adopted the Cable Act. Tape#4 Mr. Firestone urged the Board to approve the franchise. Commissioner Constantine stated that this is an opportunity to encourage competition. Page 23 April 5~ 1994 In response to Commissioner Saunders, Brian McKenzie of the Cable Committee, stated that all the members of the Committee were in favor of competition but were divided ae to what cost. In response to Commissioner Norris, Me. Edwards stated that the franchise would have to petition the Board If it wished to expand Its area. She said that the current operators have franchise agreements [or the unincorporated County. County Attorney Cuyler stated that he is comfortable that the agreement can be denied if a Personal Guarantee is required and the franchises refuses to adhere to that requirement. In answer to Commissioner Constantine, Ms. Edwards stated that the consultant had not done a technical review of the proposed franchise. In response to Commissioner Volpe, Mr. Gaston replied that the Federal Communication Commission (FCC) requires a Three year transfer of control rule which will prevent the transferring of control of the system for three years. Commissioner Constantine asked if a suggested mmount for the Personal Guarantee ~ts available? Ms. Edwards explained how an a~ount can be calculated. Mr. Gaston stated that he would be comfortable with a set amount. Commissioner Matthews suggested that the item be tabled to allow Ms. Edwards to calculate the amount and continue the discussion later in the meeting. In response to Commissioner Volpe, Ms. Ashton stated that the Ordinance provides that the franchises will be able to access channels with all other cable systems upon directlye of the County. She stated that the interconnection could be considered a constitutional exer- cise of the Boards power because tn some Instances emergency notices are broadcast on that station. In response to Commissioner Saunders, County Attorney Cuyler stated that the Board could direct Colony Cablevision to provide the ~nterconnectton. He said that if Colony refuses the County will have to pay for the litigation to proceed. Page 24 April 5, 1994 .... Commissioner Constantine suggested that the option be left for :- Gaston to either Interconnect with Colony or provide it himself. He ~!' stated that would leave the responsibility of filing suit with Mr. Gaston and not the County. County Attorney Cuyler stated that direction could be given to Colony. He said that if Colony does not comply the Board could con- older options at that time. He stated that a requirement could be added to the agreement that if the County could not require Colony to do that, Mr. Gaston would have to provide the necessary facilities. In response to Commissioner Volpe, Ms. Edwards confirmed that the Ordinance provides 30 days for the petitioner to obtain the necessary permits for construction. ~os~loetoner Const~ntine stated that this ltuwlll b~ tabled until 4=35 P.M. - This date. (is06) ~ORDINANC~ 94-21 ~ P~ITION ~-93-4, S~COAST C0~O~TZON, A ~Z0~ ~ A ~ ~ TO ~ TO BZ ~ AS 8~OX ~OR ISLES ~ ~R A ~TI-~~LE HOUSINO ~AL ~OJECT - A~ED~ ~O~LB HOUSlNO AO~ - ~O~D Assistant County Attorney Student presented the Board with a revised PUD document reflecting the motion made by Commissioner Volpe on August 17, 1993. (Copy not provided to Clerkto Office.) County Attorney Cuyler recalled that Mr. Ryndere had no objections to the amendments. Me. Student presented the Board with a reduced copy of the iAffordable Housing Agreement. (Copy not provided to Clerkte Office.} She stated that the Board will have to execute this agreement. County Attorney Cuyler recommended that the Board comply with the Court Order and approve this petition. Comm/ootoner Volpe moved, eeconded by CoBnlsetoner Matthews, that the revi~d I~D b~ approved. Conuntsstoner Constantine commented that he could not support the motion. April 5, 1994 call for the q~aatlon, the motion c~rled 4/1 (Commissioner ~' Con~t~nttn~ o~o~ed) adogtlng Ordinance 94-21, u antarid Into Orl~l~13~ce ~ook NO, ~5, Cosmlsston~r Volp~ smv~d, seconded by 0os~Isstone~ ~tth~s, to approv~ th~ Affordable Housing Agreement. Upon call for the question, the motion carried 3/2 (Commissioners Constantine and Iorrts opposed.) (1508) Xtn~D1 ACCEI~I OF N&TERLI~ ~RON ~d~ DAVID LANltERCI CE~I~R - &PPROVED Hike HcNees, Acting Utilities Administrator, stated that this line serves the Step-by-Step Child Center. He said that the property owners in the area will be asked to create an assessment district to provide a larger water main to serve the long term needs. Commissioner Constantine remarked that the proposed expansion of both facilities could require the installation of a larger water pipe in the future and would require road Improvements which the County would have to fund. In response to Co~tesioner Volpe, Mr. NcNees stated that the David Lawrence Center would have no interest An assuming the respon- sibility for the those who tapped Into the system. Mr. McNses stated that the Step-by-Step Program have promised to pay their share of a larger line. Xn response to Commissioner Constantine, Mr. HcNees stated that he Is unaware of whether building permits have been issued to Step-by-Step. Commissioner Constantine stated that if the issue of permits is not resolved, it would not be in the County's best interest to approve this petition. In response to Commissioner Matthews, Mr. HcNees replied that the agreement with Step-by-Step is a written agreement approved by the Board in November, 1993. Co~uaisstoner Constantine pointed out that If there is no Interest 35 Page 26 Aprl! 5~ 1994 .in an assessment district, the 8hare that Step-by-Step has agreed to will be so great that they will be unable to pay It ~nd the County will have to assu~e responsibility. Nr. NcNees stated that in that case the County ~&ter/$ewer District would pay the difference. Co~tsslon~r Norris ~oved, second~ by Co~slselonsr S~ndere, to approv~ th~ acceptance of thentot line. Upon call for the question, the notion carried 4/1 (CmtooloneF Page 27 April 5, 1994 · e. At this tl~e, Recording Secretary Fernlay replaced Recording Secretary ltmi#801 - Nlthdra~n PEI~TXBSZ0XTO ADVERTISE FOR A PUBLZC REARZXQ FOR TR~NODZFZC&TZ01 0F SOLZDNA~T~ 0RDZIAIlC~ 90-30, A~AN~NDKD - APPROVED David Russell, Acting Solid Waste Management Director, stated that Eaglewood West and Bermuda Green Condominiums have been cited by Code Enforcement for utilizing Individual garbage cans rather than a dumpstar for collection services. He explained that approximately 4,000 residential units in 12 commercial accounts have this type ser- vice contrary to Ordinance 90-30. Mr. Russell stated that Staff is requesting that the Board grant permission to advertise for a public hearing to ·edify Ordinance 90-30 to allow the customers to continue the t~pe service preferred. Con. As·Loner Saunders ~oved, seconded by ColAseisner Neithers and carried unanimously, that Staff advertise for · public hearing for the ~odiftcation of solid~aste Ordinance 90-30, as a~ended. (20a2) Ite~NQ3 REPORT OI RESULT~ OF PROPERTYOWNER SURVEY OF INTEREST FOR RIVIERA GOLF~TATE$ UNIT NO. 4 DITCH ENCT~OSURE PROO~CT - DK]W3tlt~DUNTIL PLAN5 AP~ FINALIZED FOR FOUR (4) LA]IXNG COUNTY BARN ROAD John Boldt, Stormwater Management Director, stated that on March 8, 1994, Staff provided three (3} options for enclosing portions of the ditches along the east and north sides of Riviera Golf Estates Unit No. 4. Mr. Boldt explained that public comment indicated lack of support for the ditch enclosure project and a survey was conducted by Frank Ross. He pointed out that only six (6) people agreed to proceed Immediately, eight (8) wish to wait, one (1) abstained from voting and two (2} lots are empty. Mr. Boldt stated that the eight (8) property owners who want to wait thought the ditch enclosure project will be less expensive If 39 Page 28 April 5, 1994 accomplished tn conjunction with the four (4) lantng and construction of the diversion ditch along the east aide of County Barn Road. Mr. Boldt explained that Staff is rsco~endlng that action be deferred until plans have been finalized for funding the four (4) lantng and constructing the diversion ditch along the east side of County Barn Road and that short term solutions to maximize the drainage flow in the roadside ditches be Implemented. He stated that the short term solutions are replacement of the three (3} damaged dri- veway culverts, maximize the southerly flow in the roadside ditches along the east and west sides by deepening the widening of them as much as practical, and aggressively treating the aquatic plants that Invade the ditches during the summer. Frank Ross spoke on this item. Commissioner MettheuJ moved, seconded by CoBn~Ss~oner Norris and cL--rled 4/0 (CoBmlssloner Blunders out) that the ditch enclosure pro- Ject ha deferreduntl! plink are finalized for fou~ (4) lining County B~rnRo~dindehort tsr!8olutlonabe Implemented. (2326) ~ BID~O. 94-2164 AJFDAUTHORXZETHK PURCHASING DKPARTMB31T TO RISOLXCXT BXDSFORTH~DOCTORSPASS FIVE (5) MILE ARTXFXCIALRKrF Commissioner Constantine questioned what the timeframe is for the Gulf View Nlddle School project and the estimated tonnage? County Nanager Dotrill stated the Doctors Pass five (5) mile arti- ficial reef project and the Gulf View Ntddle School project are in two (2) different cycles; i.e. Gulf View Nlddle School project falls within the next cycle. CollLtesl~r ConotantJne ned, oecoml~by ConLss/~er Illtthm~o reJKt~ ~ Staff reool/clt b/de for the ~ctore Pus fin (5) l/le (237S) A~~ O~~ 93-36 ~DZ~XMG ~ TX~ ~UX~ ~R ~ Page 29 April 6, 1994 ITFU~LOPMKMT OF A BUSZIZSS PLAX AXD THE TRANSFER 0r AIRPORTS - APPROVED BIll Hergatt, Assistant County Ken·get, stated that there are two (2)'provisions in the existing ordinance which require action by the Board of County Commissioners and the Airport Authority in a specific timeframe and both time requirements have passed. Be explained that the Airport Authority is requesting that the timeframes be extended by six (6) months to allow for completion of the business plan and the transfer of airports. He Informed the Board that June 24, 1994 is the anniversary date of the adoption of Ordinance 93-36 and the business plan will be presented prior to that date. Commissioner Constantine indicated that the business plan needs to be in effect prior to approval of the Airport Authority budget. Commissioner Volpm moved, macended by Commissioner Norris and carried 4/0 (Commissioner Saundera out), that the County Attorney pre- pare · raviaLea to Ordinance 93-36 extending the tim requirements by six (6) Be·the for completion of the business plea and the treAefeF of sirporte. (2670) ltem~8S2 R~SOLUTIOJl 94-228 AUTHORIZING TH~ ACQUISITION OF LAIRD IN !~E SIMPLE FOR THIROADRIC3HT-Or-MAYFORTHE CONSTRUCTION OFTHE ROAI~AY rOUR-LAIZIIG OF C.R. 962 PHASE I (/1tON U.S. 42 NORTH TO C.R. 864, RATTLESHAEIHJJSe3CEROAD) - ADOPTED Tom Conrecede, Office of Capital Projects Management Director, etated that this item Is for authorization to acquire by gift, purchase or condemnation the fee simple title to project parcels No. 202 and 102 which are required for the construction and mainten- ance of transportation Improvements for the portion of C.R. 951 road- way from U.S. 42 north to C.R. 864, Rattlesnake Hammock Road. CoInttmoLonm~ Vo21;~ moved, macended by Commtsa~one~ Xo~s mGd carried 4/0 (Commtea/oner Saunders out), that Stuff be wuthorizad to acquire Parcel· He. 202 sad 102, thereby adopting Resolution 94-228. Pmgm 80 Mike Smykowskt, Acting Budget Director, stated that the Tourist Development Council (TDC) reviewed the Issue of refunding the Marco Island Beach Renourtshment Bonds with tourist tax revenue8 on November 2, 2993 and authorized a subcommittee to review the possibility. Mr. $mykowskt stated that on $anuary 26, 1994 the subcommittee met 'and reached the conclusions that current TD¢ revenues being collected cannot be used to service the debt on the bonds now outstanding; the County could receive clarification in regard to the use of tourist tax revenues to secure refunding bonds through a validation proceeding and lff a court validates the refunding bonds and no appeal t8 taken from the Judgment of validation, the County could then, at Its option, Issue refunding bonds; noting the call date for the current bonds is $uly l, 1995. Mr. Smykowskt explained that on February T, 1994 the TDC met to discuss these findings and a motion carried unanimously to refer the evaluation of the economic feasibility and savings potential of refunding the bonds to the County Finance Committee. Mr. $mykowskt stated that on March 1, 1994 the Finance Committee met and Indicated that substitution of a new revenue source, i.e. tourist tax revenues Instead of Marco Beach Renourishment MSTU ad valorem t~xes, for repayment of bonds refunded Involve8 a policy deci- sion by the Board of County Commissioners. Mr. Smykowski stated that Staff is requesting support of the con- cept regarding refunding of the Marco Island Beach Renourlahment bonds with tourist tax revenues prior to authorizing the County Financial Advisor to proceed with work on the refunding at $110 per hour. In response to Commissioner Matthews, Richard Yovanovich, Page 31 April 5, 199~ Assistant County Attorney, stated that to assure the County that the action of utilizing TDC funds to refund the Marco Island Beach Renourtshment Bonds with tourist tax revenues is appropriate and the validation process through the Circuit Court ts necessary. County Nan·get Derrill stated that the State's Attorney Office challenged the County in the use of certain funds to refund bonds the last time a decision was challenged. The following people spoke on this Item. Frank Blanchard Bill Neron 0Olll~081one~Mitthewl Boy.d, lecondtdbyCollllltOnl~ IozTil ~nd carriodun~nimly, that Staff clarify whether the general obligation bonds can be refunded by tourist tsxrevenuse and verify that there Is no interference with the State and Federal grant prograu for the ~niJproJect. Tapers (12) PURCHASE OF & LAND XIFTKREST AlTO ACCEPTANCE OF THE CONVEYA!ICE TBXRKFROM FOR ROAD RXtlHT-OF-MAY XMPROVKI~3FTS ALONG SAHTA BARBARA BOULKVARD (orrxcz or C&PXTAr, FROJZCTS JiAEAGEIq~VT PR0aCT SO. e2081) - APPROVED z TazMa rr or $22,s00 Tom Conrecede, Office of Capital Projects Management Director, stated that the appraised value of the subject property is $14,400 and the purchase price Is $22,500. He explained that tn order to acquire the property for less than $22,500, the County will have to utilize condemnation which will require expending more funds than the asking price. In response to Commissioner Volpe, Lois Nichols, Real Property Specialist XI, stated that there is not an appraisal evaluating the property at $22,500 and the figure represents a negotiated price down from the $30,000 the owners were asking. Commissioner Norris moved, seconded by 0omaisstonez' Matthews and car~ied unanimously, that the purchase of · land Interest An the 8mount of 022,500 be approved and the Ess·Bent AgreeBent be executed 000. 50 Pago S2 sea Recess: 4:30 P~ - Reconvened*. 4:48 PL&W OF ~ElqVICE FOR PLA]I YEAR 1994 AIID PLAN YEAR 1995 Ill ACCORDMICE WITH THI JOB TRAXWIII(] PARTNKRSHXP ACT AS APPROVED BY THE $OUTRWKST FLORIDA PRI~ATH I!IDUSTRY COUNCIL, SKRVICE DKLIVERY AREA NO. 20 AND COFOZDKR RKIKMAL OF THE 1990 A(]REKMXBT THAT DESZ~JlATKD THE PRIVATE I~DUBTRY COUIICZL AS THE FUIID RKCIPIE]IT AND PR0~&M OPERATOR OF THE TITLE ZZZ ECONOMICALLY DISLOCATED WOIL~KRS ASSTSTA]~CE ACT PRO(IRAM (E~MAA) - APPROVED John Tippans, Program Supervisor for Southwest Florida Private Industry Council, stated that the Federal Job Training Partnership Act requires the Southwest Florida Private Industry Council and the Job Services of Florida to submit a plan of service every two (2) years along with Joint approvals of the local Private Industry Council and elected officials. He explained that an Interlocal Agreement between the four (4) Southwest Florida County Commissions designates the Collier County Commission as the stgnee for the local elected offi- cials. Nr. Tippans stated that the Plan of Service covers the period from July 1, 1994 through June 30, 1995. Mr. Tippans stated that the Private Industry Council is also requesting renewal of the 1990 agreement that designates the Private Industry Council as the fund recipient and program operator of the Title III Economically Dislocated Workers Assistance Act Program (EDWAA) for the four (4) county area. He explained that this program retrains workers who have lost their Jobs through layoffs or business closures to get back Into the work force. ~Laeioner Norris ~oved, seconded by Commissioner Saunders ~nd cL-ried unenimou~ly. that the Plan of Service for Plan Year 1094 end xgg5 ~nd ~! o£ tb logo Agr~nt for EI~tJt b~ approved. Page 33 April 5, 1994 (22~) NZ~TION THAT THE BOARD FORNARD NOTICE TO P~0CIED TO THE TAX COLLECTOR FOR TAX DEHD APPLICATIONS ON THE 1991 COUNTY TAX CEXTZFIC&TES - APPROV~D County Attorney Cuyler stated that Collier County Is statu- toril¥ mandated to make application for all certificates greater than $500 and may make application for a tax deed on the certificates valued at less than $500. Mr. Cuyler explained that the County currently holds 276 1991 County tax certificates of which 244 have · value of $500 or more but Staff is recommending that the Board of County Commissioners forward a Notice to Proceed to the Tax Collector for Tax Deed Applications for all of 1991 Tax Certificates held. ColaI·mloner Volpe moved, seconded by Commissioner Norrim and Cl~TledunintloUSl¥, that · Notice to Proceed be forwarded to the Tax Collector for Tax Deed Applications for ml! the 199! TAx Certlf~cltel held byCollter County. (26¢) F.~V~FN OF 11Z DR&FT 0RDINANC~ CREAT~N~ THE C0UNCI~ O~ ICONOMIC ADVISORS, AND AUTHORIZE THE ADVERTISEMENT OF THE ORDINANCE FOR PUBLIC B~.,IkRI'~ - AFFROV~DWITN C~JLRGES Commissioner Saunders stated that he recommends deletion of Paragraph B, Section Two, indicating which organizations members to the Council of Economic Advisors will represent. He explained that this is to encourage organizations and individuals to submit can- d/dates for consideration to open up the membership opportunities to · broader spectrum. Commissioner Saunders indicated that the first paragraph of the ordinance places great emphasis on attracting "high tech# business and should be changed to encompass economic development, regulatory reform and other types of advice to take ·dvantage of more opportunities. Commissioner Saunders pointed out that in the second paragraph reference is made to Ordinance No. 86-41 and should be eliminated. Commissioner Saunders stste~f~at Section One, fifth line, should §3' Page 34 April 5, 1994 read '...opportunities, increase and diversify the economic base..." Commissioner Volpe stated that reference to "high tach" Is made in a number of other places in the ordinance. Commissioner Saunders pointed out that "high tach" needs to be evaluated throughout the ordinance and not emphasized greatly. Commissioner Saunders stated that reference to the County Administrator should be deleted from Section Seven, Paragraph E. Commissioner Saunders stated that Paragraph C, Section Seven, ahould be changed to read "...to assist in the development of an Economic Element If so directed by the Board." Commlmmtoner Norris moved, seconded by CoB·till·nit S~LTLdlFI ·~d CaZTAedunanim~uoly, that Staff advertise the draft ordinance creating the C~,~cll of Icon·mAc Advisors for · public he&rAng with the change· (495) RESOLUTION 94-229 REAPPOINTING MESSRS. GEORGE SCKMKLZLE AND ROBERT SCHOKLLKRTO THE FOREST LAIRS ROADMAY AND DRAINAGE ADVISORY Sue Ftlson, Administrative Assistant to the Board, stated that Staff is recommending the reappointment of two (2) members, George R. Schmelzle and Robert P. Schoeller, to serve four (4) year terms expiring on April 21, 1998. Commissioner Yelps moved, seconded by Courtisotoner Norris and c~rl~~i~ly, tht Geor~ Sc~3z~e ~d Ro~rt Sc~lleF ~~t~ to t~ Forest L~e8 Roa~y ~d ad ting Reooluti · 000,, : 61 Page 35 April 5, 1994 Sue F//son, Administrative Assistant to the Board, stated that two (2) members need to be selected to fulfill the remainder of vacant terms on the Nomeless Advisory Committee. Commissioner Constantine recommended that Joseph Fullam, East Naples res/dent, be appointed due to the homeless problems being experienced in East Naples. Commissioner Norris seconded the appointment of Mr. Fullam. Commissioner Saunders recommended the reappointment of Kathleen Comm/sstoner Constantine moved, seconded by Comlsslonsr Matthew~ ·nd c~tHun~nlmon~l¥, that Joseph Fullambe appolnte~andKathzTn Page 36 April 5, 199& Xte~#10C - Continued to April lg, 1994 ~eatlng R~S0LUTXON 94-231 RECONI~ND/RG TO TB~ GOVER~0R T]~ APPOXRTNEIIT~ OF L&MIt~NC~ FE~EZ ~ LEO FIUtNCXS RODGEI~ TO THE BOARD OF CONNXSSXORER~ OF TI~ l~10E&LEE~U, TER AND 8E~ER DXSTRXCT - &DOl:'TED In response to Commissioner Volpe, Commissioner Constantine stated that Immokalee has an tndividua! system and concerns so it is appropriate that they have a separate utility authority. Commissioner Volpe questioned if nepotism is a problem because one applicant's father-In-law is the Director of Immokalee Water and Sewer? County Attorney Cuyler stated that the Board of County Commissioners does not have the responsibility to determine the nepo- tism issue. Commissioner Volpe questioned Af a paAd fare fighter in Immokalee should or could serve on the Committee? Commissioner Matthews pointed out that tt Is an Andspendent fire district and an Andspendent water/sewer distract. Co~mlssionsr Volpe moved, seconded by Co~atsstoner Matthm and car~ledunanlmousl¥, that Lawrence Perez and Leo Francis Rodgers be recommended to the Governor for appointments to the Board of Co~tuloners of the l~mokalee #ater and Se~er District, thereby adopt/nglte~olution 94-231. 68' Page 37 (6ol) '. 'r :eu April 5, 1994 RECOIO~Ir!~TIC~ TO NAIVE ~ FORMAL BZD PROCESS, AUTHORZZE PURCHASE OF $ECURZTYEq/UZPMI31TFROMSZMPLKXTZMZ RKCORDKR COMPANY ZNTHEAMOUNT OF 019,600 FOR TKE COUWTYCOURTIIOUSE ALONGWITH THE KXPKWDZTURK OF 82,475 FKItYEARFORTMO (2) YEARS FOR KXTZIFDKD MARRAHTY COVERAGE AND APPROVE THE AS$OCIATKDBUIXlKTAMENDM~3~TS - APPROVED Paul Brigham, Court Administration, stated that the Court is requesting appropriation of $19,600 from Reserves for Contingencies to purchase a replacement access control system for the County Courthouse. Mr. Brigham stated that a number of difficulties have been experienced with the present equipment and repair costs are becoming prohibitive. In response to ConLutooioner Constantine, Mr. Brigham etated that the cost for service calls will decrease because as part of the agreement, Simplex Time Recorder Company will supply a one (1) year warranty then two (2) subsequent one (1) year service contracts for ,2,475 per year. Mr. Brigham stated that the Court is requesting watvsr of the com- -:petlttve bid process. Rantrs Manmitch, Assistant County Attorney, confirmed that Simplex Time Recorder Company le considered a sole source provider because they are the only vendor capable of linking into the existing system. Cou~lsmioner Volpe moved, seconded by Commissioner Matthews and carried unanimously, that the forBal bid process be waived, the · ecurtTy equipBent for the County Courthouse be purchased from Simplex Time Recorder Compeu~ in the maount of $19,600 along with the expen- diture of $2,475 per year for two (2) years for extended warranty covermgo 8nd the associated budget amendments be approved. Page 38 April 5, 1994 (824) RESOLUTION 94-232 1~ PI'TITION CU-93-23, ALLAH S. ABBKYRKPRKSKNTINO MC!~$ON~TIR FROD~CTS R~QU~STZNG CONDITZONAL USE ~9n OF TB~ C-5 ZONING DISTRICT FOR A NATFR DISPENSING ~ZOS~WZTHZN TI~ RIDGEPORT PLAZA PARKIIIG LOT FOR PROPERTY LOCATKD AT 5351 NORTH AIRPORT ROAD, NAPLKB, COLLIKR COUNTY, !"LORIDA - ADOPTKD Legal notice having been published in the Naples Daily News on March 20, 1994, as evidenced by Affidavit of Publication filed with the Clerk, a public hearlng was opened. Wayne Arnold, Acting Site Plan Review Director, stated that Allan S. Abbey representing McKesson Water Products is requesting con- dittonal use ~9e of the C-5 zoning dls~r~ct for a water dispens~ng kiosk within the Ridgeport P~aza parking ~o~. He explained ~ha~ approximately Two (2) parking spaces w~11 be u~lllzed for a ~0 s~are foo~ free s~dlng structure. Mr. Arnold pointed out that the origi- nal petition was denied ~t recons~deratlon of the Item was approved at the ~e~ar meeting he~d March 8, ~994. Allan Abbey, Abbey Cons~ctlon, s~a~ed that the last vote on this ~tem w~s 3/2 for approval bu~ a super majority Is red,red. He explained that the parking ~ot was Investigated thoroughly prior to petitioning ~he County for conditional use. Mr. Abbey pointed ou~ that by placing the kiosk In the parking lot, the liability of sptllaQe Inside stores and tlleQal parking in fire lanea ~hlle obtatninQ the water ts eliminated. Nr. Abbey tesortbed the atruoture as a well built, stainless steel stnoture that is pleasin9 to the eye. He stated that there hav~ been no complaints from any county or state where they are located throughout the United States. He pointed out that by denying this ~tttton, the Board is denying any water kiosk being placed in Collier Co~ty Attorney Cuyler stated that this is the reconstderatlon hearing of Petition CU-93-23 and is considered a denled petition as of now. Coulssloner Natthews stated that she voted against the petition ,oo, 000 , , 78' Page 39 April 5, 1994 ~'~'i~ast tine because Winn-Dixie in the Ridgeport Plaza has a water vending machine but now the store is vacating the premises. She explained that traffic conditions in the vicinity are heav~ and the possibility of increasing the eituat~on was a concern. Nr. Abbey stated that most people using the kiosk will be uti- lizing other stores in the shopping center so additiona! traffic will not be created. Commissioner Vo~pe s~ated he voted against the kiosk the first time and against reconsideretlon and nothing has been presented to change his m~nd. Commissioner Constantine closed the public hearing. be ~;~z~v~4, tbez~b¥&do~tingReeolution 94-232. '79 Page 40 April 5~ 1994 #12C1 19, 1994 ~Z~G This item Lea continuation of discussions heard earlier in the meeting. Jennifer Edwards, Assistant to the County Manager, stated that the applicant, William R. Gaston, Susan Gaston, and W.S. Gaston, Inc. will sign a personal guarantee for $125,000, the County will file UCC Forms on current equipment and any acquired equipment In the next three (3) years. Heidi Ashton, Assistant County Attorney, stated that a security agreement will be executed entitling the County to first lien rights on all equipment presently owned and any acquired. County Attorney Cuyler stated that specific f~nd~ngs are required and a l~st of recommended findings w~ll be presented for the Boardts review and approval. In response to Commissioner Matthews, William Gaston stated that he w~ll provide permits for either under ground or above ground expan- sions, a $100,000 Performance and Construction Bond will be provided, and the service area 1s 2.1 miles per the Franchise. Commissioner Saunders stated that technics! qualtficat~ons are required under the County ordinance. Me. Ashton stated that the cable consultants, Miller & Holbrook of 'Washington, D.C., reviewed the application and advised that the appli- cation ts acceptable. She advised that an expert in the technical area has not been asked to give an opinion because of money restraints. Mr. Cuyler stated that technical qualifications are to be con- sidered and a finding made for a new business. Attorney Dudley Goodlette stated that the Board must make specific findings separately, not collective, and one is that the applicant meets technical quality and completeness of the proposed plan for Page 41 April 5, 1994 operation of the cable system. He pointed out that the Board has not been ~upplted a business plan for review for technical completeness. Me. Edwards stated that Miller & Halbrook have agreed to the tech- nical standards that were presented as part of the overall review of the application and are recommending award of the franchise. In response to Commissioner Volpe, Mo. Edwards replied that Miller & Halbrook reviewed the revision to the application that was submitted on March 28, 1994 reducing the service area from six (6) mt~eo to two (2) miles. Commissioner Constantine stated that thin franchise plants the seeds of competition. He pointed out that the franchise Is for three (3) years during which time Mr. Gaston cannot sell and the franchise will be reviewed again at the end of the three (3) year period. Coatseisner Constantine explained that the consultants and Staff recommend approval and tf the Board wishes to have competition, now to a good starting point. In response to Commissioner Volpe, Ms. Ashton replied that a liquidated damages provision exists in the ordinance should commitment not be met. She pointed out that the application will be approved today but the actual recommendation for execution of the Franchise Agreement will take place after submittal of the proper documentation concerning placement of utility poles since they are ~n County right-of-way. Ms. Ashton stated that should liquidated damage8 become necessary and the applicant cannot pay the assessment, then the Performance Bond will be drawn upon. Ms. Ashton read the following findings of fact as a recommended motion for the Board'e review and consideration. In accordance with Section 3.6A of Collier County Ordinance No. 88-90, as amended, and based upon the application and correspondence and material presented to the Board by memorandum and at this public hearing ~nd all previous hearings concerning this proposed cable franchise, the Board makes the following Page 42 April 5, 1994 findings of fact: 1. There does not appear to be a negative Impact upon private property within the franchise area. 2. A public need exists for the franchise since it will promote competit ion. 3. As per correspondence from George Archibald dated April 4, 1994 and March 8, 1994, public rights-of-way have the capacity to accommodate the cable system. 4. The present and future use of the rights-of-way to be used by the cable system do not appear to be negatively Impacted. 5. The potential disruption to existing users of the public right-of-way to be used by the cable system and the resultant Inconvenience to the public is minimal. 6. With the guarantee, the franchise applicant has the ability to perform and to make the necessary investment to erect, operate and maintain the cable system. ?. Applicant has the experience to erect, operate and maintain the cable system. 8. The location and t~e of permanent facilities proposed to be constructed for the cable system is acceptable. 9. Based upon the evidence presented and the consultant's review and recommendation, the technical quality and the proposed plan for operation of the cable system are acceptable. 10. Applicant has the legal character, financial, technical and other qualifications necessary to construct, o~n and operate a cable television system. IX. Tt iS desirable to promote competition in the cable Industry so as to promote diversity of Information and the provision of high quality cable services at the lowest economic price. William Gaston stated that In 1968 he obtained a license to build a broadcast station and in 1979 obtained an AM radio station which he also personally built. He pointed out that he obtained m first class broadcast license from the Federal Communications Conuntsston tn 1970. Page 43 April 5, ~994 Mr. Gaston stated that since 1984 he has operated and maintained a telecommunications firm selling telephone equipment. He indicated that he has 175 clients in the Naples and Marco Island area Including one ma~or hotel. Mr. Gaston stated that in the past year he built a cable televt- sion system with commercial grade equipment which he designed and is currently providing broadcast quality signals to the Gulfview Condominium on Marco Island. In response to Commissioner Norris, Mr. Gaston replied that he sold the radio stations in 1983. Me. Ashton stated that the ordinance reads "...the experience of the applicant in the erection, operation and maintenance of a com- Runlt¥ antenna television system." In response to Commissioner Volpe, Ms. Ashton stated that the applicant is Narco Island Cable. Mr. Gaston stated that he ts 50 percent owner of Marco Island Cable and Mrs. Gaston owns 50 percent. He explained that Marco Island Cable currently operates a satellite master antenna television system and he has a broadcast quality head-in available to supply signal to the proposed service area. In response to Commissioner Norris, Mr. Gaston stated that the signal receiving facilities are located In the Gulfview Condominium, North Collier Boulevard, Marco Island, and arrangements have been made for the broadcast studio to be located at 99? North Collier Boulevard. John Yonkosky, Assistant to the County Manager, stated that he visited both facilities on Monday, April 4, 1994. In response to Commissioner Saunders, Ms. Ashton stated that she has not seen a written report from the consultants addressing the technical qualifications but the consultants have 30 days after the public hearing to provide a written decision and report concerning the findings. Ms. Ashton stated that Miller & Nolbrook provided a letter dated February 4, 1994 to Ms. Edwards but the letter was not distributed ,00, OOO ,,, O0 Page 44 April 5, 1994 because it contains private and confidential Information concerning legal strategies and theories that could be utilized against the County. She read from the letter ~We have reviewed Narco Island, Inc.'s application for a cable television franchise and its responses to the County Nanager's request for additional information. Based upon this review and our discussions with you and In light of appli- cable law, we believe that the best approach is for the County Manager to recommend granting the application assuming the parties can reach agreement on certain significant Issues." She stated that the issues addressed are "cherry picking," geographic area, exclusivity of contract which has been addressed in the franchise agreement, finan- cial qualifications which a guarantee was recommended, and term of the franchise which was recommended to be three (3) years. Hr. Cu¥1er stated that If the Board does not make findings in favor of the proposed franchise, the 11 proposed findings will be worded In the negative. Nr. Gaston pointed out that the proposed franchise is competitive and If he does not have an acceptable, quality signal, he will not receive accounts. Coutssioner Constantine closed the public hearing. Cmm/~ione~ Constantine ~oved to approve the petition noting that the petittone~ complies with the 12 findings outlined abov~ ~nd con- ttng~nt upon receiving the personal guarantee, filing of the UOC fom ·nd acquisition of the proper permits by the petitioner fro~ th~ State ~nd County for u~e of the right-of-way; ~uthortt¥ fo~ Chat~m~n to axe- cute the fr~ncht~ agreement upon &pprov&l by the County Attorney, ~abJect to minor ~evialona ~nd provlde~ that the County Attorney ~nd O~tyl~m~ger are ~ttsfied with the document&t~on concerning £mci- litypl~-m~nt. Commissioner Saunders ~tated that the Board is desirous of pro- mottng competition but he would like to see the report by Htller & Rolbrook and the competition has not had an opportunity to see what Impact the new franchise location will have. 91' Page 45 April 5, 1994 Co~u~isstoner Yelps etated that the Board has not been provided with the paperwork necessary for the basis of the findings. Comateetoner Con~tantlne*s ~otion d~e~ ~e to the ]~ck of ~ Co~tss~oner Constantine reopened ~he public hearing. ~~A~r S~dere ~d to table the ~blAc he~lng ~ttl the concerns raised by the Board are answered. Conmlsstoner Constantine requested that if the public hearing ts tabled for one (1) week that Staff be given specific questions to be answered to keep the amount of debate to a minimum. Ms. Ashton clarified that the report that is referred to is the decision that comes out of the public hearing and is due in 30 days. She informed the Board that Miller & Holbrook can be requested to make specific comments on each of the 11 findings prior to completion of the final report. Cm~Lieeloner Slmnderm ~mended his motion to table the public heartng ntll &prll 19, 1994 for obtaining froa Illlet I Holbrook the ev~lution of the application bleed on the criteria contained tn the lederal ~Gd County ordtnlmces and mike recoB~endlttons on the 11 pro- posed findings with sapheels placed on the technical qualifications of th~ ~ppltc~nt emd technical quality of the equipment to be uoed. Seconded by Commissioner Volpa. Coviastoner Volpe stated that testimony has not been presented regarding public need, that use of the public right-of-way will not be negatively impacted, the location type and permanency of the opera- tton or the Impact or disruption of use of the public right-of-way il during construction. He pointed out that these concerns need to be Upon call for the question, the motion c~ried 4/1 (CoBllismioner ~orrie ~). Itel e16A - Hot Heard · RESOLUTION 94-233 SUPPORTIH~ PROPOSED LEGISLATION TO AMKND CHAPTERS 27 AND SO, FLORIDA STATUTES, AND REQUESTING THE I~ORIDA SENATE TO PLACE SKNATE BILL 2~2 ON THE SPECIAL ORDER CAL~WDAR FOR THE 2994 LEOISLATIV~ Page 46 April 6~ lgg4 R~miro Manalich, Assistant County Attorney, stated that Resolution 94-56 was adopted on February 8t 1994 which clarified that there is a need to find indigence before County funds are expended in dependency attorney appointments and that the Court have continuing ~urisdlction to assess the recipients of those services. ~lasion~r Con~t~ntlne ~ov~d, seconded by Commissioner No~s and carrt~dunani~ouslyt that n~rt for the proceed legislation ~~ ~ters 27 ~d 39, [lorl~ Stabtee, ~d r~estlng the llort~ ~te to place Senate BIll 242 on the S~clal Order Cal~ f~ ~ 19S~ ~i,letl~ Session ~ folded to Ta11~s~, th~rs~ Page 47 Apr1! 5, 1994 Volpe moved, seconded by Coumisslons~ Norris and that the foll~ng lto~ ~der the RESOLUTION 94-192 ACKNOMLKDGING THE RKSUBDZVZSION 0FTRACT 203, A PORT~O~OFAFRKV~OUSLYRKCORDED PLAT KNOWRAS GOLDKN GAT~ ESTATES UNIT JK). S¢ See Pages /1/-//~ 94-193 ACII:NONT,~GZRG TR~ ~EUBDXVZSXON OF TRA~ 42, A PORT/~A FR~V/OU~LY~CO~ED PL&T ~0~)1~ GOLD~ ~ SeeP.g. l/S- //~ Item #26A3 RESOLUTTON 94-194 ACKNOJ~IT, KDG][RO THE R~SUBDZVTSI;0R OF TRACT 26, A PORTION OF & FRKV~OUSLY RECORDED PLAT KNOMlq AS OOLDKN GATE ESTATES UE];T POo · See Pages ,. / /-~"'"" //~' lte~ #2SA4 AGI~*~~ OF X!~f, ZVOCABLE STANDBY LKTTER OF CREDIT AS SECURITY FOR IXCAVATION FEINT W0. 59.502, 'ROYAL POTNCTAHA GOLF CLUB' "ee P.ge. / 17--// Iq~eSOLUTZON 94-195 RE ASSESSMEET OF LIEN FOR THE COST OF ABATKMKJlT OF PUBLIC !IUISAII~ - C01qPT, IANCE SERVICES CASE NO. 30810-066 - R~CORD See P.ges !/?- /~.~ Zt~ #26&Sb RESOLSON 94-196 RE ASSESSM]t~T OF LXEN FOR THE COST OF ABA~ OF FUB:LXCIU/SANCE - CO~XJ~CE SKRVXCES CASE NO. 30831-015 -RECORD CRfilZR, SIDJlEYBARBKT, KT UX XteB#16ASC Ses P.ge./~/- /?~ RLqOLUTXON 94-197 RE ASSESSI~!Tf OF LXKN FORT HE COST OF ABATB)!~ OF FUBLXC BIUXWCE - COMFLZA~CE SKRVXCES CASE NO. 30910-012 - RECORD OMII~R, 3AM~S 3. BRODERZCIC AND ROSE NARIE BRODERIC~ Ztem~/SASd Page 48 Apr1! 5, 1994 It13OLUTI0~ 94-198 1~ ~LSS~gHMB31T OF L~KB' J~R THX COST OY ABATKMB31T OF P~B~ZC !IUTSAIIL~ - COMPL];JL]ICE SKlqVICKS CA~H J~3. 80826-024 - RECORD see Pages RESOLUTION 94-199 RE ASSHSSMXNT OF LIEN FOR THE COST OF ABATENKJFT OF FUBLZC BrUZSAHC~ - COMPLZAI~CH SKRVZCKS CASE NO. 30914-039 - RECORD OWIFKR, FELIX LKRCHFAMILYTRUST IteB#1618! See Pages RKSOLUTION 94-200 RE ASSKSSMXFF OF LIEN FOR T]~ COST OF ABATKlqKIFT OF PUBLXCNUZSANCK - COMPLZMICK SKRVXCKS CASE NO. 30820-084 - RECORD OMWKR, ~ J. GALLO AIFOMARCIA A. GALLO See Pages Zteu #16ASH R~SOLOTI0JI94-201REASSHSSMKIFf OF LZEN FORTHK COST OFABAT~MKNTOF FUBLZCBIUISA~ - COMPLI~ SKRVIC~S CAS~ NO. 30803-054 - RECORD Ztem #16ABh P.ge./3 /- RK~0LUTION 94-202 RE ASSESSME]IT OF LIEN FOR THE COST OF ABATK!~llT OF PUBLIC ~UlB_lk!~"~ - COMPLIJU~CE SERVICES CASE NO. 30817-037 - RECORD OMJl13t, STKVI~ R. HILL AIID KLSIH H. HILL See Pages Deleted Item#16&SJ ItK~)LUT~ON 94-203 RE ASSESSMKIFT OF LIEN FOR THE COST OF ABATKMKNT OF PUB~ICNU~SJUICE - COMPLIANCE SKRVICKS CASH NO. 30819-026 - RECORD OWIIKR, TI:RTL. ~OHNSONAWDAMBKR L. ~OKNSOH Iteu#16ASk See Pages /.~5" /...~ JI:I:~OLUT~OSI 94-204 RE ASSESSME]IT OF LIEN FOR THH COST OF ABA~ OF PUBr, T(~ 111T~LIICE - COMPLIANCE SKItVICES CASE NO. 30803-050 - RECORD OMIIIR, K L C K, ~:i. RESOLOTIOJl 04-205 RE ASSL~SlqHWT OF LIEN FOR THE COST OF ABATKMKIIT OF ,~:i FUBLIC IIU~UIO~ - COMPLIAHCK SKRVIb"~KS CASE NO. 80813-002 - RECORD "; OMJlER, DOO6LAS M. J~LLY Page 49 ~t~mm April 5, 1994 !~Z~OLUTXC~ 94-206 lq~ ASS:KSSMKHT 0lP r. TKX FOR TKK COST OF ATENEXT OF FUBLXG BIUZSAIIb'~ - COHPLIAHUK SK!qVICKS CASK NO. 30809-132 - RECORD 011JFKR, JOBTO I. LA ROZ JL11D MARTA LA ROZ Iteu ,leaon RKSOLUTIOII 94-207 RE ASSESSMKIIT OF LIEN FOR THK COST 0FABA~ OF FUBLXG IIUI~ - COMPLXA!ICE SERVICES CASK NO. 30913-022 - RECORD 0MIIKR, GXLBISTTOR. MARTXIIEZ MID KNKDKLXA A. MARTINKZ F~OLUTXON 94-208 EI~XCK;ISA~I~ - 0M~, WI0 PIN0 RE ASSKSSMLqlT OF LIEN FOR TH~ COST OF ABATKMKWT OF OO!(PLIJUICK SERVICES CASE NO. 30803-068 - RKCORD AND CXRA PXN0 s.. ,..,,.. I d.5'- RESOLUTXON 94-209 FlYB:r, Ic !IIIXSA]ICK - OIelKR, WILLXE MAK RE ASSKSSMK]FF OF LZEN FOR THK COST OF ABATKMKHT OF COMPLI~CK SKRVICKS CASK NO. 30812-091 - RECORD POSTELL ~szs~ or L~n ~a ~ COST OF ~~ 0F ~~ S~Z~S C~E NO. 30925-042 - ~ INC. RISOLOTIOII 94-211 RE ASSESSliKNT OF LIEN FOR THE COST OF ABATEMZFr OF FUBLXC KUXSAIeCE - COMPLXANCK SKRVXCKS CASE NO. 30923-096 - RECORD 0WIIKR, R K RKALTY OF FL, XKC. JI:E~OT. TJTZON 94-212 ~ ~S~S~ OF LX~ ~R ~ COST OF ~~ OF ~XC ~XS~ - C~X~CB S~XCKS C~K NO. 30923-097 - ~CO~ ~, R E ~ OF ~, INC. Iq:BBOLOTZOBI 94-21S RE ASSF~SSMKHT OF LIKN FOR TI~ COST OF ABAT~MKIFF OF FUBLXO NUXSAIIUE - COI4PLXANCK SKRYXCKS CASK NO. 30923-098 - RKCORD ~ 0MII~R, R · IV~ALTT OF Ff,, XZIC. See P,,ges/ ~.~- / ~ ~, Xtmm #l~&Su R·~OLOTZOM 94-2X4 ~ ASS~S~ 0~ LX~ ~R ~ COST 0~ ~~ 0~ ~ZC ~~ - ~X~CK S~XCKS C~ WO. 30809-135 - ~C0~ ~, ~ ATXLI0 ~0 See Pages /~ ~- /~ ~ ltm~ mOL~XOM 94-215 ~ ~S~~ O~ LX~ ~R ~*COST 0~ ~~ O~ ~G ~~ - ~1~ 9~Z~9 C~S MO. 30813-005 - ~CO~ R~OL~FTZON 94-217 R~ A~SESS~NT OF LX~R FOR TR~ COST OF&B&TKM~NT OF I~/BLZC MUZ~.11~I~'~ - COMPLZJ~RCE S~RVZCES CA~E NO. S0812-096 - R~CORD OMM~R, M~T~T, ZAMC. SC~ER~ ARD ZP~ K. SCOURER See Pages mOLOTZOM 94-218 R~ ASSESSaYiST OF LZ~!I FOR TH~ COST OF J~UtTEMNRT OF !qJBLZC!IOZSAMC~ - CO~PLZJLRCE S~VZ~S CASE NO. 30903-030 - R~CORD 0MM~,O.L.~MTIr~R,~T UX Xtmm e16ASz See Pages R~OLUTZ~ 94o219 lq~ A~SESSMISIT OF r-ZKN FOR THE COST OF ABATEMENT OF FUBLXO Jlu/m - COMPLZJ~CE SKIRVZCES CASE MO. S0830-066 - RECORD OMM~, M M H V~MTUIq~S Ztm~ e16&6 ACCKPTAMCE OF FI'RI HYDRA]Ff AND MATER FACZLZTZES FOR RKGKRCY PACKZNG AMD &CCIPT~ OF CASHZER°S CHECK:AS SURETY - M/TH THE STXFULATZOMS AS LX~T~D XMT~ mCUTZV~ ~ Page 51 April 5, 1994 THE !rXMAL PLAT 0% *THE VXLLAGES OY M011TEREY, U%XT SXXw Xtmm~l~B~ ~ ZMT!~ JW~MT OF $1~,126 AND ~t~0VAL 0F CORR~POMDII~ ~ X~mmfflSB3 BID JO. 94-2167 ANARD~D TO MALLACE IIITERSATIOMAL, IMC. IM THE AMOUIIT OF 0116,520 FOR ~ PURCHASK OF FOUR (4) RKPLACKPlKIFT Glq~M CAB I~uATBKD I:X~MP~ IK:)R THE ROAD AND BRIDGE DKPARTMK]FT Item#16C1 CIT&TXOI FORM FOR USE BY ~ ANIMAL COFFROL DEPARTMENT XM COMPLXJOVCK M/TIIOIq:D~g4-20 Itet#18C2 PARKS AMDMKCRKAT/OMDKP&RTMKHT TO 01TA~ATK ~HR COCOHATCIIKK/CAXAMBAS BOAT RANPCOIC%SSZOMrOR ONE (1) YKAR~3 DFI~R!q/MKAMO~TOFBITSZJlES9 XteR ~16D1 B~I:M~T~~~IMG OFUTXLXTYDKSIGRSKRVICKS BY&VALOM 13~XMEKRXM6, X%C. RKLATZVK TO TH~ BOMXTA BKACH ROAD II~3~R-LARIMG PROJECT -&W XJ&'~J~g TO 930,900 APPROFRIATKD FROM MATeR CAPITAL AJFD A RKI:R:~TXOM IM SKWKR CAPITAL TO 920,600 Xtem#16D2 KXIt~TTXOM OF TKE $&TXSFACTXOHS OF MOTICE 0F PROMXSE TO PAY AMD AC3RIIMBMT TO KXTDID PAYJ4EIFF OF MATER AWD/0R SEWER XMPACT FEES ASFB3f LAKI ASSC)CI&TKS LIMITED PARTIFERSHXP; LARRY AWl:) KA~ GRAHAM; MAPLKS curT& MAR, L~I:); THOMAS AHD KIMBKRLY PACEARD III; ~0 AND KVAMG~LX31A SOS&; GRKTA AWl) ROBXM $TUBLKN: AHD TRACY GREKXAXYERMXWSOR Xtmm#16D3 See PaGes /'~ - /'~" KX/~'~TTXOM OF ~ MOTXCE OF PROPlXSK TO PAY AWD PATM~MT O~ 81:M~R ZMPA~'~* J~I~S /~3R LXWDA LK3~TME, BRADLKY JL~D CATHRYW 'I'~ONF'~, JLMD JOH~ #. MKYKR 13CICUTZOg OF THE NOTXCK OF PROMXSK TO PAY AMD AGR~%IqZ%T TO KXTKND P&TMIOrf OF SE~ER IMPACT FKKS FOR JOHN T. CONROY, JR., SUCCL'SSOR Apr1! 5, 1994 ,.. ,,.. BID NO. 94-2166 FOR LIQUID SLUDGE DISPOSAL AMARDED TO EARLE TRUCKING IN T~ ~ OF $22.42 P~ 1,000 GALLONS &S PRIMARY VENDORARD B&EE~ ~NT~]L~RI~ IN THE AMOUNT OF $23.25 PER 1,000 GALLON~ STIIR:~.~T~D ~ TO DEPOSI? $95,000 INTO THE REGISTRY OF THE CIRCUIT COURT F01t~'S COGT RELATIVE TO LAND ACQUISITION FOR See Pages 94-221 APPROVING THE E~PENDIT~TRE OF FUND~ FOR T-SNIRT~ AND A~CIATEDNITH COONT~ STAFF PARTICIPATION IN THE 1994 ~CA ~VENT IN TI~ NOT TO EXCEED A~/OUNT OF $1,500 See Pages NOTE: D~C~U~EN~_~ ~OV~ TO CLEKK TO BOAED L~~LX~A~NIT~THE DAVID ~RENCEMENTAL HEALTH C~]IT~, IN~. &~T~K~IZXNG ~XLI~TI~ OF~ COLLI~ C~ O~ ~ ~ ~ ~ ~ - ~ ~R ~ ~ OF IT' ~ ~L 17, 1~4 ~ 11:~ ~ ~ 3:00 ~ ~'fJ~LI~M~rT AND Iq~DZNG IN THE AMOUNT OF 821,000 OF A C01~!UNICATION~ ~ ~1 ~ ~¢~RGENCT 6~I~VICES DIVISION FOR THE REMAINDER OF Page 53 94--222 P'ROV/DXNG FOR T'B*E ADDXTXON OF A ~UPFL~INNTAL ~Iv~CXAL ROLL - ADDXN~ UNXT~ TO TR~ ~992 AND ~g93 COLLX~R courfY M&~II~IkTOI~XDM.q..~r~ COLLKCTXON SI~CXAL &~S~SSN~]IT ROLL~ AIID A~t'I~TZ~ ~ C~,XRMAN TO ~X~CUT~ C'KRTXFXC&T~ OF CORI~CTXON Item ,16G3 RKSOLUTZ011 94-223 AUTHORIZING TH~ ACQUZSZTZOR OF PKRMJL~B31T lYRAZNAGE E&SIMIIFFS BY PtFRCHASE IN S~TPPORT OFT HE PROPOSED ZNI~ROVKMEBTS TO THE IFKSOTO BOtYLKVARD DIq&IRAG~ CANJLL~ APPROVING THB C0]~/XYANCKS; &UTHORIZZIr~ STAFFTO PROCKKD WITH ACTIVITIES RKQUIRKD TO KXPKDITH THE PROP~3~FY&C~SITIOR; A]FD &PITROVING TIFK PROCESSING OF & !~TTURE BODGKT Itel See Pages BXD JIO. 94-2177 AM&RDKD TO &ZRBOATH XNTKRHATIOR&L, XNC., d/b/a CL&SSXC .q~TRBOAT~, /*N T!~ AMOUNT OF $17,604 FOR AIRBOAT COMPON~IT~ U~D XN &QUATXCPLAIIT~L PROGRAM lte~ #16H1 - Moved to Itel #8H4 RESOLUTeOIl 94-224 AUTHORIZING THE ACQUISITZOR OF ROAD RIGHT-OF-MJtY, UTILITY, I~&.T~G~MAI~CE ~,R~q~NT~ OR TH~F~ SIMPLE TITL~ BY GIFT OR FORCHASI WHZCH ACQUISITIONS ARE RKqUZRKD FOR THE WIDEWING ~ OF T HI C.R. 951 PHASE I PRO3KCT (FROM U.S. 41 TO C.R. 951, RATTLKSJlAK~ H&IOJOCK ROAD) Itel ~16H3 SKCOIIDAMKJFDMKNT &lid INCRKASZ IN CORTRACT NO. 2034 #ITH MZTCHKLL ARE) STJLRK CO!IBTRU~TZOR COMPANY, INC. FOR RKPAIRS TO THK GORDON RZVKR KXTZlBICrlI&MIL G&THMJtTKRLKVKL CORTROL $TRUCTURK IN THZ&MOUIIT OF 0979.00 Item #16B4 - Continued to April 19, 1994 Meeting Itel#lSH8 - Continued to Apr/! 19, 1994 Meeting Itmu#16H9 LEG&LFEI~ FORT HE NORTH COUNTY RKGIORALMATERTRKATME]IT PLAJrT, ZJK~&~Z!I~THI AMCR~IT PAID TO C&RLTON, FZKLDS BY $25,000 STZIRYr,.&TKDOR1TERJtS TO DKIPI31DAJlToS ATTORWKYFRKS ~ COSTB FORT HE ~&f:~ZSZTXO!I ON P,&RCKL NOS. 115 AND 202/312 LOCATED IN T!!B ~ ~OM PJLRKM.$.T.U. IN T'HK AMOUWT OF 018,000 Page 54 April 5~ 1994 ~ OR:DIR JIG. · (rY g3/g4) TO CONTRACT NO. 91-1779 WITH KDMARD ~ CUSTOM ~ IN ~ AMOUNT OF 82,834, XN~XNG ~ CONTRAC~ AMOOIIT TO ~46,864.50, FOR BKACH CLKANIN13 OP'KRATTONS ON MARCO See Pages Z~el#I6H9 SuPP'-dBNBIiTAL~HO. 2 IN'FH'~ A.MQOHT OF 815,440 AIfi) AO'THOSIZZATZOBI'TO CLOSE OOT 'I'H~AGRKKMKHTII'GR TASK ORDKRNO. 3 BKTMKKN COLLZIRCOOBTYANDGANI~TT FLKMING, INC., PROGRAM MANAGKRFOR ATRPORT-~XN~ J~)AD P~O,T~G~ NO. 66033 See Page ltem#16N10 STXP~LATKD FllAL JUIX3ME~T ~TI~ ~ ~~ ACQUISITION OH P~ ~ ~45, 346.2, 29 ~ 29.1 ~A~D XN ~ PX~ RZ~ l~I~ P~ M.S.T.U. ~ ~ ~DZTZ~ Or ~26,~ RB~OLOTIO~ 94-225 AUTHORXZING THE ACQUISITION Or ROAD RIG~T-OF-#AY, UTILITY, DRAIILtGE A]FDMAIIqTKNANCE EASEMENTS, TEMPORARY CONSTRUCTION EASKMB3i~B OR THK ~ SIMPLE TITLE BY GIFT OR PURCHASE WHICH ACqUISlTIO!~ ARE REQUIRED FOR THE MIDKNING IMPROVEMENTS OF THE C.R. 951 PHASE X! PROJECT (FROM C.R. 862, RATTLESNAIC~ HAIOJOCK ROAD, TO S.R. 84, DAVIS BOOLKVARD) BID BO. g4-213g AWARDED TO SIMPSON AND ASSOCIATES ZN TH~ AMOUNT OF $34,~47ANDAUTR~RXZATXONTO EXECUTE AN ASBESTOS ABATEMENT AGRKKMKNT FOR T~ COUFTT ADMX~STRATXON AND COURTS BUILDING LOCATED ZN ZMM~KALKE Iq~SOLUT~O~ 94-226 XN SOI:r1:)OR~ OF SUBMISSION OF A PLAN TO MANAG~ THE ~ ~ OMMARCO ISLAIFD FOR RECREATIONAL AIR) OTHKR RELATED See Page! Item dr/6ll - Nm~B4 to Itu Xt~ ~163 . ~S~ ~~CE - FXL~ ~/OR ~~D The following miscellaneous correspondence was filed and or referred as presented by the Board of County Commissioners: Page 55 Aprt! $, 1994 C~tT'/~FICJtl'~ OF~ION TO ~ TAX ROLL~ A~ FRES~ BI'T~E 1986 TAX ROLL 265 03/23/94 1987 TAX ROLL 03/23/94 320/321 310/311 352/353 263/264 174/176 1988 TAX ROLL 1989 TAX ROLL 1990 TAX ROLL 1991 TAX ROLL 1992 TAX ROLL 161/176 1993 TAX ROLL 03/23/94-03/29/94 03/23/94-03/29/94 03/18/94-03/23/94 03/18/94-03/23/94 03/15/94-03/23/94 03/09/94-04/04/94 1993 TANGIBLE P~RSONAL PROF~RTY 1993-130/133 03/11/94-03/29/94 ltma#1632 ~3tT~Jt~T~ FOR 11~,~TE NOS. 25377, 84089 ~ 83657 Itea#16Ja ~,T/~FJI,CTION~ OF LIEN FOR $~RVIC~$ OF TR~ PUBLIC ZNTN~ F/N&~CY. lk~ l~IFOI~i&TZON Jt~ OY 11~BRUJtRY 28, 1994 FOR T~ COUNTT'4~;.~I~ ~ FUND, T!~ UNZRUORPORJtT~D JUt~& ~ FUND &lid ZNTg:RI~~Z&L IRFOI~UtTZON 0NT!~ COLLZ~R COIFRTY ~[~I~R~ZS~ ~ Page 56 Apr~! 5, 1994 ~.,UTIO~ 04-22T M'PltOV~ SATISFACTION OF LI~NS FOR CERTAIN ACCOUNT~ TeAT w~V~ P~I:D 1~ F~L T~ 1991 SOLID NASTE COLLECTION AND DISPOSAL see Page .~q/7~ OF LIKN A~D A~ FOR EXYEKDKD PAYI~:HT OF PRICE There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 6:09 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/BX OFFICIO GOVERNING BOARD(S) OF SPECIAl'DISTRICTS UNDER ITS CO~ROL '-[~T~_es~':mtn~teo appro ed the Board on as presented or as corrected Page 57