BCC Minutes 06/25/1991 RNaples, Florida, June 25, 1991
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
)eals and as the governing board(s) of such special districts as
created according to law and having conducted business
met on this date at 9:00 A.M. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
,following members present:
f: i%<'~ .'~ .. - C HA IRMA N:
i'~"~ '!~" VICE-CHAIRMAN:
.. ALSO PRESENT:
Director; Annette Guevin, Ellte Hoffman, Wanda Arrtght and Debby
~:Farris, Deputy Clerks; Nell Dotrill, County Manager; Ron McLemore,
Patricia Anne Goodnight
Michael J. Volpe
Richard S. Shanahan
Max A. Hasse, Jr.
Burr L. Saunders
James C. Giles, Clerk; John Yonkosky, Finance
County Manager; Jennifer Pike and Tom Olltff, Assistants to
the Gounty Manager; Dave Weigel, Marjorie Student, Brenda Wilson and
Richard Yovanovich, Assistant County Attorneys; Frank Brutt, Community
talopment Services Administrator; Jay Reardon, Emergency Services
'Admini,:trator; Ken Bagtnskt, Planning Services Manager; Steve Carnell,
Purchasing Director; Leo Ochs, Administrative Services Administrator;
Shreeve, Housing and Urban Improvement Director; Mike McNees,
Budget-Director; Fred Bloatschar, Assistant Utilities Administrator;
Ron Cook, Utilities Finance Director; Bob Fahey, Solid Waste Director;
'11'.Pat Hanifin, Data Processing/MIS Director; Murdo Smith, Parks &
Recreation Manager; Tom Conracode, Office of Capital Projects
Management Director; Sandra Taylor, Real Property Director; Heywood
Boyce,~ Compliance Services Manager; Bryan Milk, Bob Mulhere, Bob Lord,
Schell and Eric Young, Planners; Captain Mike Ryan, Shertff's
Sue Filson, Administrative Assistant to the Board; and
Deputies Larry Hargrove and Kevin Nelson, Sheriff's Office.
· Page
June 25, 1991
MZTH CHANGES
Racom moved, emcondad by Coulaaloner Shanah~n and
that the agenda be approved with the following
Item #9H7 - Recommendation that the Collier County Commission
authorize the County to retain the services of Young, Van
Assenderp, Varnadoe and Benton, P.A., to defend the County in
the case of an appeal of the Code Enforcement Board's deci-
sion regarding the homeless shelter at the First Assembly of
God Church - Added. (Requested by Staff.)
Item #12D - Request Board to appoint a representative to
serve with Interim planning group for HRS District S for a
period of one year through June, 1992 - Added. (Requested by
Commissioner Goodnight.)
Item #16A15 - Recommendatlon to increase the contract sum for
Bid #89-1459 - Moved to #9A2. (Requested by Commissioner
Shanahen.)
Item #16B4 - Recommendation to approve a Florida Department
of Commerce Grant Application for road improvements related
to the proposed Baseball Sports Park subject to stipulations
- Moved to #9B2. (Requested by Board of County
toutssigners.)
Item #16D1 - Approval of Amendment No. 2 to the Effluent
Irrigation Agreement with Royal Palm Country Club of Naples,
Inc. - Moved to #9D4. (Requested by Staff.)
6e
Item #16D2 - Recommendation to approve and execute the notice
of promise to pay and agreement to extend payment of sewer
impact fee between Windsor Park Properties 4 and Windsor Park
Properties 5 and the BCC as the Governing Body of Collier
County and as Ex-Offlcto the Governing Board of the Collier
County Water-Sewer District - Moved to #9D5. (Requested by
Staff.)
Item #16D3 - Recommendation to approve and execute the notice
of promise to pay and agreement to extend payment of sewer
impact fee between Windsor Park Properties 4 and Windsor Park
Properties 5 and the BCC of Collier County, Florida, as the
Governing Body of Collier County and as Ex-Offtcio the
Governing Board of the Collier County Water-Sewer District -
Moved to #9D6. (Requested by Staff.)
Item #16E2 - Recommendation to approve and execute a Limited
Use License Agreement between Collier County and Island
HatIns, Inc., approving the use of County-owned property for
the purpose of off loading, final assembly and storage of
pre-constructed boat docks - Moved to #9El. (Requested by
Commissioner Shanahen.)
item #16F4 - Recommendation to waive the County's formal com-
petitive sealed bid process for the purchase of uniforms for
the Emergency Medical Services Department on the basis of
formal quotations - Moved to #9Fl. (Requested by Staff.)
10.... Item #16F5 - Recommendation to waive the competitive bid pro-
cess and authorize the sole source expenditure of com-
OOOPAI~[ ll Page 2
June 2S, 1991
munications repair and maintenance on emergency
communications equipment for the County's Emergency Medical
Services Department - Moved to #9F2. (Requested by Staff.)
11.
Item #3A
Item #16H4 - Recommendation to approve a Change Order pro-
viding for additional services required for the continuation
of the existing agreement for professional services related
to construction of the Wiggins Pass Maintenance Dredging
Project - Moved to #9H8. (Requested by Commissioner Volpa.)
~ONSKBT AGENDA - APPROVED AND/OR ADOPTED
1%~ ~otion for al~Fova! of the Consent Agenda to noted under Item
~'S/RKpORT - APPROVED
?:The~otlcn for approval of the Clerk's Report is noted under Item
MINUTES OF THE REGULAR MEETING OF MAY 7r 1991 - APPROVED AS PRESENTED
Comm/sstoner Hassa moved, seconded by Comml~sioner Shanahan and
carried unanimously, to approve the Minutes of the Regular Meeting of
"7, 1991.
! EMPLOYE~ SERVICK AWARDS - PRESENTED
employees and presented their service awards:
'(:<. Diane Flagg - EMS
~.. Tamara Buchan - Purchasing
· "Josephine Johannes - Library/Nap/es
-Melitta Beakbane - EMS
Ann Saylot - Utilities/Admin.
Commissioner Hasse congratulated the following Collier County
10 years
10 years
10 years
5 years
5 years
Zt~B1
DESIGNATING JUNE 30, 1991, AS SAM 3. COLDINC DAY -
Upon reading and presenting the proclamation to Sam Colding,
~(: Co~tosioner Saunders moved, seconded by Commissioner Shanahan and
=a~-rAed unanimously, to adopt the proclamation designating June 30,
, 'u Sam J. Colding Day.
Sam Colding thanked the Board of County Commissioners and the
people of Collier County for their support during his 30 years as
Collier County's Property Appraiser.
Page 3
June 25, 1991
,~-~.C~I"I'~I~TE OF APPRECIATION PRESENTED TO FIRST LIEUTENANT BROOKS
Commissioner Goodnight presented a Certificate of Appreciation to
First Lieutenant Brooks Gruber for his efforts as part of Operations
"Desert Shleld" and "Desert Storm".
/, Lt. (~ruber thanked the Board and County residents on behalf of
himself and all others from Collier County who fought in "Desert
St6rm". He indicated his appreciation for the support they received
which he said made it much easier to do their Jobs.
Page 4
June 25, 1991
ORDI][A~CE 91-52 RE PETITION R-91-03, HASSAN KAMAL OF B.S.E.
CONSULTANTS, INC., REPRESENTING CARUSCAN OF AMERICA, REQUESTING A
REZONE FROM RM~-12 TO R~F-& FOR HIDDEN HARBOR AT VICTORIA PARK,
LOCATED WITHIN VICTORIA PARK SUBDIVISION CONSISTING OF 8.76 ACRES -
Legal notice having been published in the Naples Daily News on
June 6, 1991 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition R-91-03, filed
by Hassan Kamal of B.S.E. Consultants, Inc., representing Caruscan of
America, requesting a fezone from RMF-12 to RSF-4 for Hidden Harbor at
Park, located approximately one-half mile west of
Airport-Pulling Road (CR 31), one mile south of Immokalee Road (CR
846), within Victoria Park Subdivision in Section 26, Township 48
South, Range 25 East, consisting of 8.76 acres.
Planner Milk requested that discussion of Companion Petition
SMP-91-4 be heard in conjunction with this item. He explained the
site is presently zoned RMF-12 which allows a maximum of 105 dwe]ltng
i'J' units, however, the existing zoning district is not consistent with
the Growth Management Plan and is subject to zoning resvaluation. He
.said the petitioner proposes to fezone the subject property to RSF-4
'develop a 20-1or single family subdivision on 8.76 acres, which
converts to 2.28 units per gross acre. He noted this represents a
reduction in density of approximately 80~ and is, therefore, con-
sistent with the Growth Management Plan. He mentioned Victoria Park
.>,,/ ~Subdivtston, zoned RSF-3, surrounds the subject property on the north,
east.and west, while the south contains undeveloped A-2 property. He
.:~' stated the GCPG reviewed this proposal on June 6, 1991, and voted una-
.nimously to recommend approval.
Co~l~seloner S~ moved, seconded by Commissioner Smunders and
CmXT~ed unanimously, to close the public hearing.
Commissioner Volpe commented the application for this request
requires officers and principal shareholders to be listed, and that
Information has not been provided to the Board.
information be Included in the future.
He asked that the
Page 5
June 25, 1991
Comsuisatoner Shanaban moved, seconded by Commissioner Saunders and
c~ ~t~1~, to approve Petition R-91-03, ~d that the
~l~ ~ m~ ~d titled ~1~ ~ adopted ~d entered Into
~k No. 44:
O~IN~CE 91-52
AN ORDINANCE ~ENDING ORDINANCE NU~BE~ 8R-R THE
ZONING REGULATIONS FOR THE UNINCORPORATED A~EA OF COLLIE~ COUNTY,
FLORIDA BY A~ENDING THE OFFICIAL ZONIN6 ATLAS ~A~
CH~G[NG THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
PROPE~TY LOCATED A~PROXI~AT~LY ONE-HALF ~ILE WEST OF
AIRPORT-PULLING ~OAD (C.R. 31) AND APPROXI~ATEL~ ONE ~[LE SOUTH OF
NAPLES-[~O~LEE ROAD (C.R. 846), IN SECTION R6, TOWNSHIP
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL0~IDA, F~O~ ~F-I~ TO
RSF-4 FOR S[NGLE-FA~LY RESIDENTIAL USE; AND BY PROVID[NG AN
EFFECTI~ DATE.
C~T~, ~., RE~STING S~DIVISION ~STER PLAN AP~OVAL FOR
'~ ~R AT V~ORIA P~K' FOR PROPER~ LOCATED APPROXI~TELY
0~--~ HILE ~ST OF A~R~RT-~LING ROAD (CR 31) ~ O~ ~ILE SO~
OF ~~ RO~ (~ 846), ~[N VICTORIA P~ SUBDiVISiON - ADOPTED
Legal notice havtng been published in the Naples Daily News on
t~'i..June 9, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition SMP-91-4, filed
b~ Hassan Kamal of B.S.E. Consultants, Inc., requesting Subdivision
Master plan approval for "Hidden Harbor at Victoria Park".
Shanaban moved, seconded by Commissioner Saunders and
F, to close the public hearing.
Shanahah moved, seconded by Commissioner Hasse and
.... c~rrt~tm~aimously, to approve Petttton. SMP-91-4 subject to
thereby adopting Resolution 91-478.
Page 6
Suns 25, 199!
,~1~ 91o83 ~ PETITION ~87-12(1), ROB~T H. ~I~ OF A~ON
~t.~.~,'.~S~IN~ A~ON CO~Y CL~, RKQ~STING A ~ZO~
Legal notice having been published in the Naples Da~]y News on
5~[f199~, as evidenced by Affldavlt of Publication filed with the
Clerk, public hearing wa~ opened to consider Petition PUD-87-12(1),
~.f~led by Robert H. F/inn of Audubon Join~ Venture· representing
Country Club, requesting a fezone from PUD to PUD known as
Country Club for property located on the west side of U.S. 41,
'iextending westward across Vanderbilt Beach Drive to Little Hickory Bay
~n' Sections 5, ?, 8 and 9, Township 48 South, Range 25 East.
['~Commissioner Volpe remarked there was an advertisement during the
)revious weekend An the business section of the Naples Daily News,
.g these single-family lots for sale. He said he has
many phone calls questioning whether the BCC had yet approved
~ithe fezone, and he was at a loss to explain to his constituents how
that may have happened. He asked for a representative of this project
,lain how an ad can be placed offertn~ lots for sale before the
has actually been approved.
Starter, one of the principals of the Dolphin Cove
Partnership, admitted they did place the ad in the newspaper because
c~their.understanding that they have the right to take reservations
fo~a contract pursuant to State laws.
Convmfssioner Volpe warned that in the future, he will not look
ly on those instances where the development community is advsr-
ng property for sale before it has been rezoned.
Assistant County Attorney We/gel concurred with Commissioner
comments. He said it may not app-ar tha~ a law has actually
· however, an impropriety is apparent in regard to an
on the Board has yet to take.
Saunders shared Commissioner Volpe's concern that it
.embarrassing because of the appearance of a project being
Page 7
June 25, 1991
,~[approved without any real comment. However, he said, the Issue before
~' itha Board ts the appropriateness of the rezontng.
~Mr. Starter contended their Intent was only to make the Infor-
mation available to prospective buyers. He said the developers have
~:.': met twice with the homeowners associations In the neighboring area
ii.:iletttng them know well In advance of thetr plans. He said those asso-
Ciations have provided a letter in support of the project.
~'; Commissioner Goodnight noted that Companion Petitions R-91-4 and
SMP-91-? will be heard in conjunction with this item.
" Planner Lord presented Petition PUD-87-12(1) requesting a rezone
from PUD to PUD for the purposes of incorporating tile original PUD
Document and all subsequent changes with this request to remove a 5.25
:'acre parcel of land in the northwest corner of the PUD and 20 units
from the R-2 designated land uses, along with the access road that
l~lns through the wildlife preserve. He said the proposed amendment is
consistent with surrounding residential uses and the Collier County
i.uGrowth Management Plan. He asserted there will be no relative change
i:~i:'tn the number of residential units allowed, therefore, the density is
in compliance. He added there will be no additional traffic impacts
with this amendment. He reported removing the 5.25 acre
)arcel and the conneoting road, along with the reduction of 20 units,
constitutes the major changes. Its said these minor housekeeping
'.-.'changes will not Impact the intent of the ortglnal PUD or the
surrotu%ding properties. He concluded the CCPC held their public
"hearing June 6, 19G1, and forwarded Petition PUD-87-12(1) to the Board
of County Commissioners with a unanimous recommendation of approval.
Planner Lord noted minor changes have been made to the PUD docu-
that are not reflected in the material provided to the Board. He
'c-..,. said after a meeting between himself, Assistant County Attorney
Student and the petitioner, four questions have been reso]ved.
i~!i'In artswar to Commissioner Shanahah, Planner Lord explained
?:Sections $05.0? and 4.05 were modified to state the standards with
the exception of setbacks to preserve areas, may be waived, however,
Page
June 25, 1991
:~tha:.height and minimum floor area must be maintained. He also men-
a minor language change in Section 9.
In response to Commissioner Volpe0 Planner Lord stated a bald
eagle was discovered on the property, which necessitated some of the
~.' changes to the PUD.
Planner Lord advised that Section 10 was also modified, adding a
new paragraph. He concluded all these changes have been approved by
;~the'County Attorney.
:;.Commissioner Volpe commented regarding the land use schedule,
there appears to be a readjustment, increasing the acreage for single-
family and decreasing acreage for villas. Planner Lord clarified
<':those~two desiguations are being combined for a total which will never
exceed 408 units.
Commissioner Volpe asserted when this item was previously before
Board, there was much discussion regarding preservation of a
~Jbuffer area that separates Audubon Country Club from Bonita Shores,
Little Hickory.
Robert Duane with Hole, Montes & Associates, advised this PUP
.increases the buffer by 10 feet over the present ordinance. He men-
ticned there have been no concerns expressed in the review of this
petition pertaining to that issue.
~~ioner Saunders ~mved, seconded by Commissioner Volpe and
:~: '-~aXTA~ uz~nt~ously, to close the public hearing.
':' C~l~1111seloz~r VOlp~ ~ed, seconded ~ Co~tsstoner Sanders and
.;:..~l~.~i~lF, to appr~e Petition P~87-12(1), ~bJect to a
L~ ~ ~nt, ~d that the Ordin~ce as n~rod ~d titled
balmabe ~opted and entered into Ordinance Book No. 44:
ORDINANCE 91-53
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8§05N,
8§05S, 8507N, 8508N AND 8509N; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS AUDUBON COUNTRY CLUB PUD,
FOR PROPERTY LOCATED ON THE WEST SIDE OF U.S. 41, EXTENDING
WESTWARD ACROSS VANDERBILT BEACH DRIVE TO LITTLE HICKORY BAY, IN
SECTIONS 5, ?, 8, AND 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 754.75 ACRES; BY REPEALING
ORDINANCE NO. 87-7? WHICH ORIGINALLY ESTABLISHED THE AUDUBON
COUNTRY CLUB PUD; AND BY PROVIDING AN EFFECTIVE DATE.
June 25, 1991
~' · 0~D~[~I tl-54 RE PETITION R-91-4, R~ED JARVI OF AGNOLT, BARBER &
' ~, ~., ~E~ING ~L~IN CO~ P~T~RSHIP, REQUESTING A
~ ~ ~ ~ ~F-3 ~R ~ SIN~E F~ILY LOTS FOR ~OP~
~A~ AT ~ ~SE~ON OF ~ST A~E A~ 7~ STREET, CONSISTING
O~ 5.~5 ~ES - ~D ~~ TO ~TITIO~R'S AGRE~
Legal notice having been published In the Naples Daily News on
~J~e'6, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition R-91-4, filed by
Reed Jarvt of Agnolt, Barber & Brundage, Inc.., representing Dolphin
Cove partnership, requesting a fezone from PUD to RSF-3 for 11 single
family lots for property located at the fntersection of West Avenue
.and ?th Street in Section 5, Township 48 South, Range 25 East, con-
s~.tng of 5.25 acres.
Planner Lord explained this 5.25 acre parcel is located within the
Coasts! Management Zone, which allows a max/mum of three unit, per
acre. He said the pro~ect will have a density of 2.! units per acre,
t~etefora, ta ~n compliance w~th the FLUE ot the O~owth Management
' ~P]an.* Be noted the intent o~ the project is to provide ~ single
· family residential lots, with water access to ~0 homes~tes. He stated
the subject property is currently located within the Audubon Country
;PUD and ~s designated multi-family residential. He advised Staff
has reviewed the subject petit/on for water management, engineering
and utility concerns and have no objections, subject to stipulations
!hourlined in the Agreement Sheet. He concluded the CCPC reviewed
Petition R-9~-4 on June 6, 199~, and recommended unanimous approval,
subject to Staff's stipulations.
· In answer to Commissioner Volpe, Planner Lord Indicated a stipula-
· 'ttonte ~ncluded in the Agreement Sheet for both this petition and the
Subdivision Master Plan regarding a boat teafile manaG~m~nt plan.
~m/eetoner Shanahah ~oved, seconded by Com~issioner Hames, to
. :,~.;iCommisstoner Volpe asked Planner Lord to highlight the requested
variances to the County's subdivision regulations, Planner Lord
advised the major variances are the street ~tdth pavement that will be
Page 10
', . , June 25, 1991
;r~duced from the required 60 feet to a 40 foot right-of-way and
Ldewalks may be waived.
'/,Commissioner Hasse asked for the basis of waiving the sidewalk
reqtl~rements. Planner Lord noted the right-of-way widths needed space
for,utilities, as well as the fact that the street will be a cul-de-
~.~:sac~.wtth only 10 homes being served.
· :>:.[';~ Commissioner Volpe questioned if construction traffic will access
,[,'the~site from west Avenue?
~Mlchae! Fernandez, representing the petitioner, responded they
have no control over that issue, however, developers will be
encouraged to limit construction traffic to c-.r~sJn s~,.~.
rioned the ~1 homes will a~l be built by ~nd~vtdual homeowners, and
not anticipated ~hey w~] be developed s~multaneously.
Plier ~ord commented there are only two roads that realistically
can eerve construction traffic, 7th Street and West Avenue.
other roads ~n the area are conf~re~ so as to be too compl~ca~eO
t~e const=u=t~on traffic to
Mr. Fernandez c~a=~f~ed w~th regard to r~ght-o~-way w~dth =educ-
~on an~ s~dewa~k waivers, bo~h variances we=e ma~e ~n =es~onse to
'e~v~ro~ental concerns to reduce the amoun~ of Impervious area.
~ -~ ca~ for the ~ee~on, the ~t~on carr~e~ ~mously.
C~s~r S~~ ~ed, seconded by Co~ss~oner Hasse ~o
:~ NtJtt~ R-91-4 ~bJect to the Petitioner's A~eement, ~d
~.~ ~~ce ~ n~red ~d t~tled ~1~ ~ adopted ~d entered
~nto ~~ce ~k No. 44:
ORDINANCE 91-54
AN ORDINANCE AMENDING ORDINANCE NUMBER B2-2 THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFIGIAL ZONING ATLAS MAP NUMBER 8505N BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
PROPERTY LOCATED AT THE INTERSECTION OF WEST AVENUE AND 7TH STREET
IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, FROM PUD TO RSF-3 FOR ELEVEN (11) SINGLE-FAMILY LOTS;
· PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY
~.~PROVIDING AN EFFECTIVE DATE.
;0~ 91--4T9 RE PETITION SMP-91-?, REED JARVI/STEVE BALL OF
~&~]KYLZ,-!~ & ~R~FRDAG~, INC., REPRESENTING DOLPHIN COV~
P~RT)IE$~Sl~IP, REQUE~TIN~ SUBDIVISION MASTER PLAN APPROVAL FOR DOLPHIN
Page 11
3m'~e 25, ],991
/. ('. COV~ ,' :**. T,,OC&~ AT ~ ~;OtT'I'RT~ST CORRgR OF T~E TNTKRSKCTION OF
Jk~D ~ STR.g~I'~ CORSTSTZHG OF 5.25 ACRgS - ADOPTgD SOB..,-gCT TO
Legal notice hav/ng been published in the Naples Daily News on
June 9, 1991 as evidenced by Affidavit of Publication ftled wtth the
~Clerk, public hearing was opened to conslder Petition SMP-91-7, flied
by Reed 3arvt/Steve Ball of Agnolt, Barber & Brundage, Inc., repre-
~m~ntlng Dolphln Cove Partnership, requesting Subdivision Master Plan
approval for Dolphin Cove.
Discussion of Petition SMP-91-? is contained In Items #6B2 and
Shanahah ~oved, ~econded by Co~l~toner H&~e and
c~'r~dun~n~u~l¥, to close the ~bllc hearing.
C~t~t~ S~~ ~, leconded ~ Co~tsstoner Hasse ~d
~t~~1~ly, to appr~ Petltton S~-91-T, ~bJect to the
Mtt1~r~s [~~t there~ adopting Resolution 91-4T9.
Page
June 25, 1991
O!I:DI!IA!I~ 91-55 1~ PK~'ITION R-90-36, HARV[~ STRAUSS, P.~., OF ALPHA
~31~ZIFJ~Z~ OF LE~ COU]~'Y, INC., RKPRESNNTING JOHN D. $ASSY, TRUSTEE,
R~F~$TI~G A RKZONE FROM A-2 TO PUD TO BE KNOWN AS SADDLEBROOK VILLAGE
PUDFOR 438 AFFORDABLE HOUSING UNITS FOR PROPERTY LOCATED ON THE NORTH
SIDE OP THE INTERSECTION OF RADIO ROAD (C.R. 856) AND DAVIS BOULEVARD
(S.R. 84), CON~ISTINO OF 33.79~ ACRES - ADOPTED SUBJECT TO AMENDED PUD
DOCUMENT AND AFFORDABLE HOUSING AGREEMENT
Legal notice having been published in the Naples Daily News on
.June 6, 1991, as evidenced by Affidavit of Publication filed with the
. Clerk, public hearing was opened to consider Petition R-90-36, filed
~'~ by Harvey Strauss, P.E., of Alpha Engineering of Lee County, Inc.,
if:.' representing John D. Jassy, Trustee, requesting a fezone from A-2 to
i ': PUD to be known as Saddlebrook Village PUD for 438 affordable housing
";~: units, consisting of 33.79_.+ acres.
i~:~. Commissioner Saunders noted that he needs to confer with the
Attorney, because he may have a conflict of ~nterest.
~:.. Planner Schell explained this project is proposed for 438 affor-
dable housing units, however, 70% of the project will be for market
,rate units. He said the formula allows this mtxture and is In confor-
~ mance with Ordinance 90-89, the Affordable Housing Density Bonus
:! - Ordinance.
· : -In answer to Commissioner Shanahen, Planner Schell responded of
~14~8 unAts, 132 will be for affordable housing of which 88 are
planned for 2-bedroom units and 44 are planned for 3-bedroom units.
Commissioner Volpe commented this project is proposed to develop
'at 13 ~nita per acre because it is w~thin a transition area, and in
addition, Staff has recommended the developer be given an addltional
six qlnits per acre. He said are the six additional units per acre an
entitlement or is that recommendation based on an economic analysis to
:m,~ke the project viable?
Planner Schell replied based on the density bonus system, Staff
felt the developer should be entitled' to the additional units due to
location o~ the proposed project.
Commissioner Volpe asserted the developer is already entftled
addit~onal units per acre base~d on
Page 13
June 25, 1991
'~'; ' : Planner Schell agreed, adding based on the Growth Management Plan,
the parcel is allowed a base density of four unlto p,r acre. He said
it iS located within one mile of an activity center, three addi-
are allowed.
.~'. ,,R~lssell Shreeve, Director of Housing and Urban Improvement,
clarified that all density bonuses are subject to Board approval. He
said _the six additional units are not an entitlement, that figure is
i~_the '~axlmum allowed.
' Commissioner Volpe stated he Is looking to Staff to provide an
analysis for this project that Justifies giving this petitioner an
additional six units per acre for affordable housing when only 30% of
the project is for affordable housing.
Mr. Shreeve communicated he has not done an analysis on this par-
ttcular project, rather, he looked at it from the standpoint of what
ges of affordable housing are proposed and what density bonus
,~,".units can be given.
~,.,· . Planner Schell stressed that the FLUE of the Growth Management
~):.Plan allows an additional eight units per gross acre, and this deve-
loper ~s asking for six.
Commissioner Volpe remarked if the Board grants the density bonus
credits to someone who is other than the ultimate developer, the
i:,i~i:l'est!lttl~; cost to a subsequent purchaser is increased. He said it
makes the land more valuable because more units can be built. He
referred to the April Circle project and the problem of waiving impact
fees to make the project economically viable. He noted the purpose of
)!:>.i the'Ordinance is to provide a balanced project with market and affor-
dable' housing units, and he wants to ensure that objective is
,1tshed.
Goodlette with Gummings and Lockwood, representing the
b<:~<~:'. , .
!i: petitioner, stated the County is offering an incentive for this pro-
Ject to become one that accommodates entry Jer, 1 housin~ and aff(,r-
!~',
dable housing, and there is no contemplation that impact fees of any
-kind would be waived. He said there is absolutely no s~m~larity bet-
Page 14
,,,) ~ June 25, 1991
,'.,ween this project and April Circle from that perspective.
Commissioner Volpe suggested if Mr. Jassy does not happen to be
[ the.ultimate developer of this project by selling it to someone else,
could that person come in and ask for waivers of impact fees?
Mr. Ooodlette reported this request is in compliance with current
ordinances with respect to affordable housing and density bonus
'j::~eqUirements. He said the developer has complied with every existing
' regulation, adding the current requirements do not direct Staff to
focus on the economic issues.
.. Mr. Jassy commented there are people in the County who need
affordable housing, and that is what he is trying to accomplish with
this request. He said he does not envision returning to the Board to
ask for waiver of impact fees, however if he does, approval of any
such request would be in the hands of the Board.
Commissioner Hasse commented the proposal indicates 438 affordable
housing units, when 142 units will be built. He suggester ~!.~
(7!! is misleading.
,.[~,d.,, , [.
· *:.: Commissioner Shanehen agreed the definition as written is not
clear, however, it has been made clear during this discussion.
Commissioner Saunders remarked when doing a low income project,
i:i.,~he current wisdom is that there be a mixture of uses to eliminate the
stt~na of a low income housing project. He said that tends to provide
a better community. He also pointed out if the Board insisted the
,developer build all 438 units as affordable housing, the reality is
~'th~ pro~ect would never be built. He said it Is better to have some
none at all.
Commissioner Hasse concurred with Commissioner Saunders, however,
:>reiterated that to state there will be 438 affordable housing units is
misleading.
:' · Commissioner Shanahen indicated that Commission~:r Hesse's point is
.:, ' Commissioner Saunders asked if the petitioner is willing to
Page 15
June 25, 1991
:61~4e lsnguage An the PUD Document to stipulate the project will not
be subject to waiver of Impact fees, now or in the future.
Mr. Jassy communicated he would rather reserve the right to come
'?before the Board to present his case, if ~t becomes necessary.
Planner Scheff advised the CCPC unanimously recommended approval
of Petition R-90-36 at their April 4, 1991, public hearing, subject to
$taff's.stlpulattons, and with the additional stipulation that one-
bedroom affordable housing units will not be permitted for sale or
rent for this PUD. He also noted Staff is requesting the language ]n
Section 8.07A of the PUD Document be changed to coincide with Item b.
for!the Agreement Sheet; specifically, "right and left" turn lanes will
read "eastbound and westbound". In addition and per Board direction,
.he said, Staff is recommending that RMF-12 development standards be
i~s~":.for the entire project. He reported one letter of objection has
been received concerning decreased property values and destruction of
the quiet character of Palm Springs. He concluded with the recommen-
iL>-dat~on that the Board of County Commissioners approve Petition R-g0-36
as amended and the Affordable Housing Agreement, subject to Staff's
stipulations as amended.
~ln:answer to Commissioner Volpe, Planner Schell replied that
development standards require all units to have a minimum of
Davis Boulevard and not Radio Road?
750 square feet.
Commissioner Volpe recalled there is no connection from Radio
Road:d~rectl¥ to Davis Boulevard In the area of the subject site.
Planner Scheff reported the petitioner has been asked by the
County's Transportation Department to redesign the intersection to
provtde direct access from Davis Boulevard.
Commissioner Volpe asked if the primary entrance will be from
Planner Schell indicated in the
:>caffirmattve, adding that is subject to FDOT and County approval. He
sald-~t ls likely that the current access w~11 be abandoned, because
· the eastern access is a more direct path to the project and will pro-
vide better traffic movement.
Page ~ 6
· . June 25, 1991
';'' In'response to Commissioner Volpe, Mr. Jassy Indicated all the
units will be rental.
Loeber with the Taxpayers Action Group, urged the Board to
· sure if and when density bonuses are approved for this or any
· project, that the bonus is approved for the actual developer of affor-
;~ dable housing.
~.'-~' ' Mr. Goodlette referred to the Affordable Housing Agreement, which
<" Specifically states that, "The Developer may not assign, delegate or
~': otherwise transfer all or part of Its duties, obligations, or promises
!,.i~under'.thts Agreement to any successor in interest to the Property
without the express written consent of the Commission, which consent
may be withheld for any reason whatsoever." He concluded thls
Agreement accommodates the concern expressed by Mr. Losbet.
,::~ Commissioner Volpe asked if Mr. Goodlette would have any objection
to the Agreement being made more clear regarding transfer of the
actual density bonus without the consent of the Commission, to which
Mr. Goodlette indicated in the negative.
Contmissioner Hasse inquired if there are any environmental
problems associated with this project, such as the red cockaded wood-
[jl ~.pecker? Planner Schell responded Environmental Staff has been working
closely with the petitioner regarding the red cockaded woodpecker
flight path. He said the flight path is located on the west and north
sides of the project In areas designated as preserve area. He noted
the project has over 30~ preservation.
C~g~lls~on~r Shmnmhan moved, seconded by Co~mtssioner Hasse, to
~u~I~C hemx~ng.
,sstoner Saunders communicated that he has a personal rela-
[~. tionship with Mr. Jassy and will not participate ~n the vote.
[ [;: ~.~11 for the ~st~on, the mo~ton carried 4/0 (Co~ss~oner
Co~tmmtoner $hmnml~mn moved, seconded by Com~issioner Hasse and
4/0 (Co~aissioner Saunders abstained), to approve Petition
subject to the stipulations as amended, and thmt the Ordinance
ooo.,,: 30
Page 17
3une 25, 1991
~:,~-/mMNrfJ~ ~nd titled belo~ be adopted and entered into Ordtnamce
ORD~N~CE 91-55
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COHPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
~ORIDA BY AMENDING THE OFFiCiAL ZONING ATLAS MAP NUMBER 9634S; BY
~NGING THE ZONING C~ASSIF~CAT~ON OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A-2 TO "PUD" PLANNED UN[T PEVE[,OPMENT KNOWN AS
SAPDLEBROOK VILLAGE PUD FOR AFFORDABLE HOUSING FOR PROPE~TY
~OCATED ON THE NORTH SIDE OF THE INTERSECTION OF RADIO ROAD (C.R.
856) AND DAVIS BOULEVARD {S.R. 84), ~OCATED IN SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA~
CONSISTING OF 33.79+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
~la~e~ Schell ~e~ested the Board approve the A~fo~dable HoustnG
Agreement and asked for clarification on the language proposed by
!i::.Commisstoner Volpe.
{'?::?~.; Gommissfoner Shanahan said in his opinion, the additional language
is superfluous.
Commissioner Volpe stated as long as his concern As understood, he
-'?i:wlll approve the Agreement.
:',:Ogl~l~io~r Shanahah ~, eeconded ~ Co~i=aioner Haa~e ~d
;* ~~ 4/0 {C~/m~l~er Sa~derm ab~ta/ned), to ~ppr~e the
eg~u J. ng ~gree~nt.
Page 18
"~"~:" June 25, 1991
st..{~'~ssed: 11:10 A.M. - Reconvened: 11:25 A.M. at which time
D~m~F Clerk Hoffman replaced Deputy Clsrk Guevin eee
C.O.~.~. ~~ ON HOUSIN~ - ~AG~R TO ~V~S~ ON 7/23/9~ O~ GR~
~J~ ~ D~LI~S ~T ~ NOT BE~ ~T RE A~RDABLE HOUSI::G
Commissioner Goodnight remarked that she feels that the County
Manager and Messrs. Blanchard and Litsinger should look at the Housing
Element of the Growth Management Plan and present to the Commission in
August what Is needed to meet the deadlines with regard to Affordable
; Housing. She noted that there have been many questions with respect
i>'i to the Affordable Housing Ordinance and density bonuses and suggested
that perhaps workshops should be held with the Taxpayers Action Group
and C.U.R.E. in order to move forward with the Housing Element.
Commissioner Volpe explained that as a part of Commissioner
Goodntght's direction, staff should consider an action plan to iden-
tify a coalition of people from the private and public sector. He
noted that there does not seem to be any networking as to what has
been taking place. He suggested that this group could be comprised
with a representative from C.U.R.E., members from the Taxpayers Action
Group, representatives from the development and banking community,
representatives from the agricultural and citrus industry, and someone
[- from the Collier County Housing Authority.
Commissioner Shanahah remarked that he believes there should be a
housing search leader, taking into consideration Russell Shreeve's
~' .respons~bility but reporting directly to County Manager Dotrill, in
putting together affordable housing units.
Commissioner Saunders announced that C.U.R.E. has brought to the
forefront the true tragic need for housing. He indicated that he
feels that Mr. Shreeve should report directly to the County Commission
~,j' and that a more active role be taken in the committee. He suggested
that a County Commissioner should work with the banking community to
[i,," bring more readily available financing to affordable housing projects.
noted that Commissioner Volpe's suggestion with regard to a commit-
is fine, but a Commissioner should be involved with contacting the
June 25, 1991
b'a~d~>to advise of the importance of this issue. He stated that he
would be happy to participate in the coalition of the networking and
L report through the committee to the Commt~sion.
Commissioner Goodnight expressed that the agricultural industry
not the biggest player in the affordable housing issue, noting that
the Collier County Housing Authority provides for farm laborers. She
~.'.~emmrked that a representative from the Chamber's Housing Committee
should be utilized so that the businesses using the peop]e that need
affordable housing can be represented.
Commissioner Goodnight related that until all th,~ ordinances in
the Housing Element have been completed, she does not believe that the
Commission will be able to move in the direction of Affordable
i~)" Housing. She requested that the Manager work with staff to advise of
.i~ the Goals and Objectives. of the Growth Management Plan deadlines that
· have not been met, and listing priorities so that the private and
public partnerships can be built.
.' HUI Director $hreeve advised that the Joint City/County Affordable
Housing Commission will be presented for adoption on July 23, 1991 and
.. questioned whether this group would suffice as the committee as
suggested by Commissioner Volpe.
It. was,the consensus of the Board to utlllze the Joint City/County
~.' Affordable Housing Commission as the coalition of networking the
issue of affordable housing.
NEGOTIATED OFFERINGS COMPRISED OF SMITH BAKNEY,
WILLIAM R. HOUGH, M~RRILL LYNCH & ALEX B~OWN -
Assistant County Manager McLemore reported that on June 4, 1991,
Commission authorized staff to solicit and evaluate proposals from
investment banking firms interested in serving as members of the
Count¥'s underwriting team. He related that 24 proposals were
received and upon completion of the criteria reviewed in the Request
,for Proposals, the Finance Gommittee is recommending that the three
highest ranked firms be approved for the team's composition.
58
Page 20
Mr. Marc Samet, of C & S Bank, serving as the County's Financial
Advisor, stated that the committee reviewed 24 proposals consistent
with the RFP's, and there was a consensus of the five best firms. He
indicated that the team is recommending three firms, with the oppor-
i . t~ntty for future deals to allow local firms to participate in a
~'selltng group so that the bonds will be in the hands of local
Mr. Samet advised that the two top ranked firms are Smith Barney
'i~. and P~udential Securities. He noted that the most recent experience
j~O[ William R. Hough would very satisfactorily compliment the other two
Commissioner Volpe remarked that limiting the team to three firms
;:~ illmits the incentivehess and competitiveness and suggested that the
team.be comprised of four or five teams. He expressed that the people
who will be bearing the debt service are the users and in order to
ensure the most competitive market and creative ideas it would be more
advantageous to have the group expanded.
!< Commissioner Goodnlght stated that she u;:q~:*~%tood that the Finance
Committee would come back to the Oommtssion recommending at least
three firms that would be the team during the next 2-3 years. She
explained that she believed that each time bonding would be required,
the Board would look at the three firms and utilize the best qualified
i'fo~,tha~ particular issue.
~":'~N~o Smmet explained that having the three firms for negotiated
offerings does not preclude the opportunity for the County to go out
for competitive bids. In addition, he indicated that the Commission
:;t has the opportunity to rev~sw the group members ~very 12 months to
ensure that they are doing the very best ~ob.
Commissioner 8hanshen ateted that he has no problem with the 3
:. flr~ teen unde~rtting approach but does have a problem with the fact
that the third, fourth and fifth firms were almost too close to call.
~e questioned whether there is adequate local presence on the team,
noting that a five firm team would be very competitive and would serve
~ ~:"i.' June 25, 1991
.~iat'the pleasure of the Board. He remarked that he had expected that
there would be a three to five firm approach. He suggested that the
Co~mlsalon approve the three firms as recommended but that a selling
team be identified as a part of this group comprised of Alex Brown and
Merrill Llmch.
.:.:'Jl. Commissioner Saunders disclosed that the bond issue and the
pricing and competitiveness of same will be determined by the
Financial Advisor and it wall be his responsibility to go into the
market on the day of pricing and will advise as to whether it is
competitive and tf not, he will recommend that there not be a sale
under those terms or conditions. He revealed that the Board can
asslet that all firma that have offices An Collier County be given the
i::'...opportuntty to sell bonds. lie suggested that the Commission approve
~:~ the recommendation of staff.
In answer to Commissioner Shanahan, Mr. Samet replied that.he
.likes the idea of a 3 member team with the opportunity to have a
0elllng group of local firms. He disclosed that this is a strong idea
which may benefit the County and at the end of 12 months, he will be
coming back to the Commission with the results as to how the team
worked together and who sold what.
Mr. Fred Tarrant, representing the Taxpayers Action Group of
Collier County, cited that the team should be expanded and opened up
to additional firms as recommended by Commissioner Volpa.
Commissioner Hasse concurred that he would like to see the team
expanded to at least five firms,
..... ,'C~aemt~lo~er Saund.vr~ moved, seconded by Coeatssloner Ooodntght to
acc~the re~'o~endaticrn of the Finance ¢oanttt~ and that the local
#11t~ ~ro~lp b~ utilized to the ~reatest extent possible. The motion
fatl~ 2/3 (Commissioners Shanahen, Volpe and Hesse opposed).
seconded by Co--tsstoner Shanaban and
/1 |¢o~atssioner Saunders opposed) to approve a five member
involvement b~nking team comprised of Smith Barney, Prudential
Securities, #1111amR. Hough, Merrill Lynch and Alex Brown.
Page 22
June 25, 1991
AUTHO~IZJiTION FOR STAFF TO PROCNED TO IMPLEMENT A NEGOTIATED PUBLIC
~I~ FO~ A NAT~R AND S~R UTILITY REVENUE BOND ISSUE TO FINANCE
CAPITAL IMP~(;VEMENT~ - SMITH BARNEY, SENIOR MGR., PRUDENTIAL
S~j~gltXTI~ & WILLIAM R. HOUGH CO-MANAGERS, AND ALEX BROWN AND MERRILL
~ ~ ..DKNTIFX~D AS PART OF THE SELLING TEAM
i~, Assistant County Manager McLemore explained that this item relates
..,.' to a water and sewer utility revenue bond issue. He remarked that in
conjunction with the team approved by the Board's action in the pre-
vtou$ item, there would be one senior manager and four co-managers.
He stated that staff is recommending that Smith Barney be the Sentor
Manager for this issue.
Commissioner Volpe stated that he understood that this issue would
not be brought forward until the rate study for water and sewer was
~ted.
¥?
MY'. McLemore indicated that it was the Commtsston's intent not to
commit to a bond Issue In the final sense until the rate analysis Is
completed. He revealed that the authorization requested in this Item
'is to allow staff to set the team and begin the paper work but no
final actions will be taken until the Board returns from the summer
,recess. He advised that once the Commission authorizes staff to
'<!~egin,"lt wlll take approxAmete~y 90 days before the financing would
be accomplished.
Commissioner Volpe disclosed that he As not persuaded by the 90
-day:tim® period.
County Manager Dorrtll explained that costs are not incurred until
such time that the bonds are actually sold. He noted that he concurs
that the first bond should not be sold until the Commission buys into
and adopts the rate that will pay off the new water plant. He related
that looking at the potential shortage of water going Into next spring
it Is crucial not to walt and do nothing until the rate increase Is
· adopted and then spend 90 days to prepare the necessary paperwork to
: take it to a potential sale.
County Manager Dotrill announced that unless the total contract
6i
Page 23
June 25, 1991
award price is encumbered, a contract may not be executed to commence
construction. He reported that failure to have the bond sale ready to
'~go to the market but to begin the construction as scheduled, interim
financing would need to be incurred through a line of credit or the
commercial paper program and every time this is done, additional costs
are incurred. He noted that permanent financing should be in place at
the time the Commission adopts the final rate increase in August.
(k~l~ioner $hanahan~v~d, seconded by Commissioner Hasse and
~XTt~-4/1 (Cmissioner Volpe opposed), to authorize staff, bond
c~m~el mz~ the Pinancial Advisor to proceed with work on the proposed
fi~xM:ilM~uw~l! u appointing Smith Barney as the Senior Manager and
Commissioner Saunders stated that it makes no sense to have five
firms'involved In the one deal. He noted that the Co-Managers in this
deal would be doing nothing. He suggested that the two top firms be
%~/~ · selected to handle the deal.
County Manager Dorrill noted that if there are too many chiefs in
a deal, more money is spent than is necessary. He reported that the
present issue is a $25 million utility issue.
Commissioner Saunders asked Mr. Samet the number of co-managers he
believes is appropriate for an issue of this size and complexity, to
which he replied that his recommendation would be three with a selling
group of local firms. Commissioner Saunders questioned whether it
would b~. appropriate to take the three top listed firms utilizing
Smith Barney as the Senior Manager and the second and third ranked
firms acting as Co-Managers and using the remaining firms as part of
the selling group. Mr. Samet stated that he has no problem with this
suggestion.
=1~ 4/1 (C~sst~er Vol~ o~sed), to appoint S~tth Bam~ as
~rs~ ~ il~ Br~ ~t Nerrtll L~ch ldsntlftsd as ~rt of
000 ,o:. 62
Page 24
June 25, 1991
· 88.~t~c~ 12:45 P.M. - Reconvened 1:35 P.M. at which time
~_:~.-D~putFClerk Arri~hi replaced Deputy Clerk Hoffman **'
v.:'.O~D~.~O, 91-56, THE COLLIER COUNT~ BUILDING CONSTRUCTION
Legal notice having been published in the Naples Daily News on May
2~ and June 1, 1991, as evidenced by Affidavit of Publication filed
'with the Clerk, public hearing was opened to consider the Collier
County Building Construction Administrative Code.
Plans Review Supervisor Ed Gehring informed that the subject ordi-
nance is a comprehensive ordinance which encompasses the administra-
tire sections of the five building codes used in Collier County. He
advised that three building officials, the Collier County Builders and
Contractors Association, and the local architect associations have
been involved in putting the ordinance together. He recommended that
the ordinance be adopted.
['. :..i .Commissioner Volpe questioned Jf his understanding of Item
" 103.6.4.3 regarding noise control was that no construction work would
be permitted on Sundays in Collier County? Mr. Gehrtng concurred that
this is correct; however, that would not include road work.
Gary Hayes, representing the American Subcontractors Associatfon's
Local Naples Chapter, stated that they call objection to Section
101.4.4,~ Inspector Quallflcatlons. He stated the concern to be
regarding the multiple qualifications of inspectors which would allow
an electrical inspector to conduct an air condition inspection as well
as a building inspector to do a plumbing inspection. He noted that
this would circumvent the state guidelines for the amount of years
required for a specific inspector. He questioned how one Individual
will be able to stay abreast of the changes that occur in all the dif-
ferent :industries and maintain the safety required through the inspec-
'ttons?.
'' .In further elaborating on Commissioner Hasse's comments,
;~Development Compliance Supervisor Ed Magutre commented that in
1987-~988 a study was conducted regarding Inspections and how to peu-
..,,. 000. 83
Pa~e 25
June 25, 1991
them In a more efficient manner. He stated that the results of
this study Indicated that four inspections could be accomplished in a
dependable, efficient, and cost savings manner. He related that one
Inspector conducting multiple inspections provides flexibility in the
rapid growth that Collier County has found itself in over the past few
years, allowing the inspection department to keep pace with the
~demand. He explained that each Inspector is qualified by on the ~ob
training in three ~her ~,eld~ un,~e .... :~. -'~-~ ........... ~he lead inspec-
tor and further examined with a written test administered by the
!?ii~$outhern Building Code Conference fo~ one or two family structures.
He'added that these qualified inspectors also have access at all times
to the lead inspector who qualified them and the superintendent of
lnspections to help them with any questions. He emphasized that the
qllsltfied Inspectors will not be put into the field until the superin-
tendent of inspections and the lead training inspector have confirmed
that the employee can do the required inspections adequately.
Mr. Magutre clarified that tf there ts a question regarding the
quality of Inspection or an Interpretation of code for a pro3ect, the
~nspector can immediately request that the lead inspector come to the
slte for a second optnion.
In answer to Commissioner Shanahah, Mr. Maguire explained that all
lead inspectors have been previous contractors om in supervisory posi-
tions in their particular field for 10 years. He advised that those
wo~klng under the lead tnspecto~ need at ]east five yea~s experience
.ln' two of the trades but for electrical and plumbing 10 years are
required. He argued against Mr. Hayes polnt regardlr, g the Florlda
Statutes, by stating it has been indicated through a letter from the
Department of Community Affairs that they recognize there Is a discre-
pancy between the Florida Statutes and the codes that have been
.- accepted, and the law will be rewritten because of the limited scope
'single and duplex family units which Include units of up to 2000
SCl-aare feet. Mr. Magutre asserted that the County does have five cer-
tified Inspectors of the type in question, and added that they are
Paoe ~6
.',~ :-working out very well with very few problems reported.
Mr. Hayes emphasized that contractors and subcontractors are man-
~::dated by the State to malntatn a certain integrity and are not allowed
.compromise; therefore, they do not feel the County should be
allowed to either.
Assistant County Attorney Wefgel responded to Commissioner Volpe's
?,:,. .
,:by relating that the ordinance as proposed is legally suf-
ficient.
In response to Mr. Hayes' alleged violation of State law,
~,: Co~tmissioner Volpe informed that legally there is a mechanism in place
for backup to the certified inspector with a lead inspector who has
the 10 ~ears of experience required.
John Keschl stated that the County should be required to have a
'quellfled Inspector for each trade for the safety of the community.
Mr. ~ehrtng clarified for Commissioner Shanaban that the proposed
ordinance addresses only the building codes. He noted that permitting
i:..!,...ts addressed through the ordinance; however, abandonment ts a separate
iy~':-tssue unless the permitting time has expired.
Mr. Gehrtng noted that the fee schedule will continue as It pro-
sentl¥ ts until a new one is completed.
Coeeet~loner Saunder~ ~ov~, seconded by Comuatesioner Shanahah and
c~rrled~man~usl¥, that the public hearing be closed.
Co~aAe~Aoner Shanahah moved, seconded b~ Commissioner Saunders and
cal-w~gun~nt~u~l¥, that the Ordinance me numbered and titled below
be m~ted and entered tnto Ordinance Book No. 44:
OI~DINANCE 91-56
AN ORDINANCE ENACTING AND ESTABLISHING A BUILDING CONSTRUCTION
ADMINISTRATIVE CODE FOR THE GAS, MECHANICAl., Pr,UMBING, ELECTRICAL,
FIRE, SWIMMING POOL AND BUILDING CODES FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA;.PROVIDING FOR CONFLICT AND
SEVERABILITY; P~OVIDING FOR AN EFFECTIVE DATE.
u~:!..,PH~I"I~,V-91-?, ~ONALD ST~TTL~ REFRHSENTIN~ VAUGHN ~ HEIDI CLAY,
~~ A ~.~ ~ V~I~ ~ ~ REQUIRED 5.3 FOOT SIDE Y~D
S~.~ 2.~ ~ ~R ~0~ LOCA~D AT 869 106~ A~ NOR~,
~ ~IB~ ~ LOT 10, REPLAT OF BLO~S 4 A~ 5, NAPLES PARK,
~T._.~, Z - D~KD
Legal notlce havlng been published in the Naples Dally News on
June 9, 1991, as evldenced by Affldav~t of Publication ffled with the
Page 27
June 25, 1991
Clerk, public hearing was opened to consider Peri:ton V-91-7 filed by
Ronald Startler representing Vaughn and Hefdt Clay, requesting a 1
foot, 11 Inch variance from the required 5 foot side yard setback to
3 feet, 1 Inch, in a RMF-6 Zone, for property located at ~69 ~06th
Avenue North, further described as Lot 10, replat of blocks 4 and 6,
~!,...Neplee: Perk, Unit No. 1.
-Planner Young etated that the petitioners are requesting a
variance of 2.2 feet to the required 5.3 foot setback. He pointed out
that the petition is after-the-fact. He explained that the subject
encroachment Is an attached screened In porch on the side of the
house. lie pointed out that on the owner builder buildlng permit
issued to the petitioner, the required setbacks were Indicated;
however, the unltcensed contractor the petitioner hired to do the work
did not correctly follow the setback requirements indicated.
Regarding Commissioner Hasse's comment, Mr. Young reported that
the! Issue of the unlicensed contractor was :timed over to compliance
services.
Mr. Young explained that the CCPC recommended approval of the
variance for the following reasons: 1. the adjoining lot to the
encT0echment is currently vacant; and 2. there are already so many
encroachment problems in Naples Park so one more makes no difference.
Re advised that Planning Servlces recommended denial of the petition
to the O0PC and continues to recommend dental of this petition. He
pointed out that it is the responsibility of the pevmtt holder to
en~ure that the requirements of the permit are met including the set-
Mr. Young related that there was a misreading of the survey as
to how wide the lot is; however, even with the misreading taken Into
consideration there ts'stl]l a violation of 3.6 Inches. He added
staff Is concerned that wtth the approval of this pert:Ion a prece-
'dance will be set which would indicate that by applying for an after-
the-fact variance, all requirements of the building permit can be
~t~nored.
· ' -'(' Mr. Young concurred with Commissioner Volpe in that if the sup-
Page 28
June 25, 1991
ports for the screening w~re moved 2.2 feet back then there would be
no violation because the concrete pad is not the structure. He empha-
ii[~lzed-that the screening and supports are in violation not the roof
overhang.
~:,. '. Ron $tettler, representing the petitioner, informed that shortly
ii~".'after the petitioner bought the home in Naples Park in 1987 they
constructed an S x 30 foot patio which was properly permitted. He
explained that before the petitioner enclosed the patio, they went to
i<.the~Count¥ and talked with Ms. Alvafez who told them that th.y were
within the setback limits and that after someone checked the property
the permit would be issued which it was. He pointed out that this is
not a unique request for the Naples Park community and presented plc-
tufas of this area to verify his statement. He noted that in regards
'~.
~ - to fire safety the lot in question is accessible on three sides by a
vehicle. He called attention to the Planning Commissions' findings to
approve the petition in light of the fact that there is no fire safety
~:,i.,. hazard, there was a error on the part of County staff, and this
: .:. request Is not unique for the community. He added that there are
three letters of no objection in the file from neighbors. He
concluded that the petitioner relied on the representation by the
County which indicated that they were within the setback limits,
therefore, the variance should be granted.
The following persons spoke in opposition to the requested peti-
tion:
Lucy Veccta, Naples Park resident
Anthony J. Maiale, Naples Park resident
Vera Fitz-Gerald, Naples Park resident
Redmond Jones, Naples Park resident
The following reasons were expressed for denial of said petition:
'There is a concern regarding a fire hazard with the allowable setback
'~?~./'"' and to grant lesser setback requirements would create more of a
iI hazard by placing the roof tops closer together; a request to
: reinstate the original setback limits of 7.5 feet is submitted; the
i;~:: ,fire chief has indicated that with the smaller setbacks there is no
Page 29
/(~.~. : ,.j $une 25, 1991
access to the side or back of the houses because a fire truck cannot
dr~ve between the houses; the quality of standards for the community
~%. /is lowered by placing homes too close together and lowers the property
value; it is felt that the error made of two feet is something very
obvious which should have been noticed by the petitioner, however,
they chose to ignore it and applied for a variance after-the-fact;
concern that today's variances are tomorrow's problems; it is resented
that the Planning Commission would make a statement to go ahead and
grant the vatlance because Naples Park is a mess anyway.
In response to Commissioner Hasse, Mr Young indicated that the
permit was issued In February, 2990.
Heidi Clay, the petitioner, emphasized that the enclosure viola-
:rich was not done intentionally.
Mr. Young responded to Commissioner Volpe by stating that during
the spot survey was when the violation was noted, and added that in
order to receive a certificate of occupancy either the structure must
comply or a variance must be granted for the infraction. He
reiterated that although there is the discrepancy of what the County
told the petitioner, a variance would still have been required.
Assistant County Attorney Weigel disclosed that the County
~;i. Commlsstoners are not obligated to grant a variance on the issue of
substantial reliance.
· :t:':.~-~?(~mm~~'Saux~ier~ ~ved, aeconded by Co~sstoner Shanahah ~d
~C3.~'~t~ ~IF, that the ~bl~c hearing ~ closed.
~ In response to a d~scuss~on regarding the error made by the County
]%~;~ staff worker, Ms. Alvafez, Mr. Young reported that she indicated in
[~.~ ~ ~ting what the setbacks should be on the permit and what she may
~[ :have said is not kno~.
~~ S~ ~, seconded ~ Co~ss~one~ Vol~ ~d
~~ ~~1~, to de~ Petition V-91-7.
~~ ~. 91-5T ~ING O~IN~ 83-~6 ~ COLLI~ CO~ BO~
OF ~ ~ ~S - A~D ~ CHANGES
June 25, 1991
¥'i/... Legal notice having been published in the Naples Daily News on May
25 and June 1, I991, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider an ordinance
amending Collier County Ordinance No. 83-16, Collier County Board of
Adjustment and Appeals.
i. Plans Review Supervisor Gehrtng stated that not Included in the
.Exec~ltive Summary is the information that the fees will be increased
from $150 to $250, however, it is reflected ]n the proposed ordinance.
' He clarified that on page one of the proposed ordinance there should
have been an indication that the words, "Building Code Compliance
Director or the Public Safety Administrator," were to be struck
through and this will be corrected in the ordinance.
$hmnahan moved, seconded by Co~miasioner Saunders and
that the public hearing be closed.
Shanahan ..~ved, seconded by Com~isstonar Saunders and
that the Ordinance as numbered and titled below,
· ubJect to the revision, be adopted and entered into Ordinance Book
No. 44: ·
0RDINANCK 92-57
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 83-16, COLLIER
COUNTY BOARD OF ADJUSTMENT AND APPEALS, AMENDING SECTION ONE
ENTITLED PURPOSE; AMENDING SECTION TWO ENTITLED DEFINITIONS;
AMENDING SECTION THREE ENTITLED APPEALS; PROVIDING FOR CONFLICT
~![ AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
~''
O~D~ NO. 92-58; 91-59; 91-60; 91-6I; 91-62; THg ~988 STANDARD
BUILDS, FLUMBI!~, M~CHANICAL, AND GAS CODE WITH THE 1989, 1990
· ~ON~, AND TNE 1990 EDITION OF THE NATIONAL ELECTRIC CODE,
Legal notice having been published in the Nap]es Daily News on May
25, and June 1, 1991, as evidenced by Affidavit of Publication filed
,~:~wlth,the Clerk, public hearing was opened to consider ordinances of
2988 Standard Building, Plumbing, Mechanical, and Gas Code with
the 1989, 1990 Revisions, and the 1990 Edition of the National
..:.Electric Code.
Plans Review Supervisor Gehrtng explained that the proposed ordf-
Page 31
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June 25, 1991
In response to Commissioner Hasse, Mr. Archibald stated that the
proposed vacation only Impacts the Factory Bay project which will
allow them to provide parking accordingly.
George L. Varnadoe, representing Cypress Landing Corporation, pre-
sented for the record the appralsal and letters of support from the
'. Marco Island Taxpayers' Association, Marco Island Civic Association,
~tanley F. Harms, Jr. He Indicated on a display map the property
'.' in question.
.,Maurice Metcalf, President of the Marco Island Civic Association,
voiced his strong support for the adoption of this resolution as well
as the support from the Marco Island Civic Association. He commented
that the Civic Association recommends that the vacated space be maxi-
mized for parking and minimized for landscaping.
Joseph Torres, attorney of record for O'Sheas' Restaurant,
expressed his concern regarding the request that the vacated /and is
~i!i'-" maximized for parking and minimized for landscaping. He pointed out
that the Factory Bay pro~ect Is In litigation presently regarding an
Issue of parking; therefore, he suggested that the Board of County
Commissioners table a decision on this petition until after the liti-
gation is resolved in the courts, or If the decision is to adopt the
resolution, all the landscaping that the County ordinance allows for
;~ should be provided.
iii~.:In regards to Commissioner Hasse's concern, Mr. Archibald advised
that staff found that the proposed vacation would not effect highway
· safety. He added that the petitioner did provide a preliminary site
planefor this site which did Include a landscape buffer. He suggested
that a stipulation be added which would Include a site development
planrequirement to maintain the buffer consistent with its surround-
tngs ~ ~.~
Mr, Varnadoe noted that the petitioner intends to stay wtthln the
requirements of the C-5 zoning. He remarked that this petition will
have no Impact on the current litigation mentioned, but the granting
of this petition will allow more parking for the public's interest.
Page 35
June 25, 1991
He confirmed that the petitioner has agreed to pay the appraisal fee
iof approximately $30,000 to the County as well as pay for the
:. '. ~C0~Lintoner Saunders ~oved, seconded by Commissioner Shanaban and
'.":CaZT~-:~~ly, that the public hearing be closed.
Co~l/~toner Saunders ~rved, seconded by Coralsstoner Volpe and
caaTt~lun~ni!lou~ly, that Petitlon AV-91-005 be approved, subject to
all ~clpulation~ tncludlng the added stipulation maintaining the
.l~qla~-ed-b~ff~T~n~, thereby adopting Resolution No. 91-480.
June 25, 1991
3:40 P.M. - Reconv~ned 3:50 P.M. at which time
DelmWClerk Ferris replaced Deputy Clerk Arrtght o,e
Ira ~9G1
AGI~TNITH DAVID M. GRIFFITH AND ASSOCIATES, LTD. FOR PROFESSIONAL
$ENV~CE~ TO PROVIDE A STORMWATER UTILITY SYSTEM RATE STUDY FOR COLLIER
COUp. - AFPR~ FOR FIXED FEE AMOUNT OF $218~586 ,,
Water Management Director Boldt Introduced Peter Coble, Storm
Water Utiltty Manager, and Robert Sheets, Vice President of Davld M.
Griffith & Associates, Ltd.
,!;~-.. ~ Mr. Boldt summarized the events transpiring since the Board of
County Commissioners authorized negotiations to commence with David M.
Griffith & Associates, Ltd. He explained that, upon adoption of the
service charge rates which are anticipated in the summer and fall, a
Phase II agreement will be prepared for the development of a master
count file and distribution of the first stormwater utility service
charge billing. He explained that the cost of the agreement at Issue
today Is a fixed fee amount of $218,586, which Is presently budgeted
in Fund 110.
In answer to Commissioner Shanahen questioning the length of time
the study will take, Mr. Boldt replied that will depend on how complex
the Board of County Commissioners requires the study to be. He
" explained there is an upcoming series of workshops on some of the
~ basic policy decisions needing to be made, decisions whtch will
greatly affect the rate study. He predicted that the Phase I rate
study will be completed around the first of the year, with master
· count file development commencing in the spring, and bills possibly
being mailed as early as spring or as late as fall.
Commissioner Volpe questioned whether the fact that the City of
/~'9' - Naples has put their stormwater utility on hold has any Impact upon
5:' ~any Interlocal agreement or anything Collier County is attempting to
:., do in cooperation with them, to which Mr. Boldt answered in the nega-
~.::;' ttve. He added that the rate study'is completely separate from the
unincorporated areas of the County.
Commissioner Shanahah acknowledged that the Board of County
80
Page 37
~:'? ~.. Suns 25, 1991
Commissioners is committed to the stormwater utility and that rates
must be established. He expressed the hope that this can be done
expeditiously with goals and objectives being set as to when the
program is planned to be implemented.
In answer to Commissioner Hasse, Mr. Boldt reported having
several meetings with the City of Naples regarding mutual problems
along the Gordon River. He stated the City of Naples is willing to
cooperate. He expressed the need to address the specifics of what Is
involved In each of the Jurisdictions and what the responsibilities
are in order to complete the agreement for Board approval.
In reply to Commissioner Volpe, Mr. Boldt stated that the rate
study is a separate issue with detailed basin studies being ongoing
and the point at which It relates to the City of Naples.
Robert Sheets, Project Manager, proffered the credentials of
David M. Griffith & Associates, Ltd. He expounded that his firm has
prepared a specific calendar that is contingent on several circumstan-
ces,.ione of which is a July 22nd start date. He added that there are
predefined dates and time frames for spsctftc deltverables. He
explained the rate structure to employ and the collection methodology
preferred are among the issues needing the guidance of the Board of
County Commissioners. He stated that there are some very stringent
time frames which must be adhered to in order to meet notice require-
mantle'and Issuances of first class notices if the non ad valorem
assessment methodology is used.
Mr. Boldt confirmed for Commissioner Volpe that the funds for the
contract in question have already been allocated.
In response to Commissioner Volpe, Mr. Boldt stated that we could
expect to commence collection as early as next spring or as late as
i;?.~..the.fall of 1992.
r'::~ .~-~loner Shanahanmov~d, macondad by Commissioner Hasme and
=~ed.~an~ou~l¥, to mlrprove the agreement with David M. Griffith
Ltd., for a ftxmd fee amount of $218,586.00.
Page 38
June 25, 1991
I~OLUTIO~ 91-481 RE PETITION AV 91-008, C. PERRY PEEPLES REQUESTING
TO V&C&T~ A PORTION OF DRAINAGE/UTILITY EASEMENT LOCATED ON A PORTION
OF T~ PLAT OF THE LODGINGS AT WYNDEMERE, SECTION OI~, DUE TO
Legal notice having been published in the Naples Daily News on
June 9, 1991 and June 16, 1991, as evidenced'by Affidavit of
Publication filed with the Clerk, public hearing was opened to con-
sider Petition AV 91-008, filed by C. Perry Peeples, Esquire, Agent
for Owner, 93313 Ontario, Inc., requesting vacation of a portion of
the fifteen foot (1§'} drainage/utility easement located on a portion
Of the plat of the Lodgings at Wyndemere, Sect]on One, due to the
encroachment of a screened enclosure and wood deck into said easement.
Transportation Services Administrator Archibald summarized the
circumstances of the Petition, including Identifying the location of
the subject property. He explained that the easiest solution Is to
vacate 3~' of an existing 15' easement, leaving approximately 11~' for
the continued use for either utilities or drainage. He reported that
letters of no objection have been received from utilities and
appropriate associations. He related staff's recommendation of appro-
val of Petition AV 91-008.
~.~', ~. '.; ?In reply to Commleslone~ Volpe, Assistant County Attorney Wetgel
confirmed that the original Resolution included in the Ordinance has
been approved.
seconded by Co--tsstoner Hasse and
~ml-rt~mmlmo~sl¥, to close the Imbllc hearing.
· ..Co~sdesion~r ~nanmhan ~oved, seconded by Co~Issioner Saunders
~.' :. ~md.~m-rtsd mumtmo~sl¥, to approv~ Petition AV 91-008, thereby
Page 39
June 25, 1991
OHD~ 0~-63 AJrD ~ ~ RK UR~,ATION ~ ~:TIqDING FOR
~ ~mR~,TZ'R PtmPI~ S'YFr~4 M. $. ?. O. - ADOP'rgD
Legal notice having been published in the Naples Daily News on
June 6, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider creation and funding of
the Hawksridge Stormwater Pumptng System H.S.T.U.
Water Management Director Boldt reported that the developer is
presently in the process of constructing the stormwater pumping system
at his own cost and, upon completion, intends to turn the system over
to Collier County. He stated there is a ttmlng problem as the reve-
nues will not be available until FY 92/93 whfle the cost of the opera-
tton for maintaining the pumping station for the remainder of the
current FY 91/92 is estimated at $2,600 and all next year is estimated
· at $5,500, for a total of $8,100. He explained that the developer ls
required at this time to deposit funds In the amount of $8,100 as a
condition for creation of the H,S.T.U. and prior to Issuance of any
Certificates of Occupancy. He stated that the developer was present
earlier but had to leave due to another appointment. He confirmed the
developer's agreement that the $8,100 will be contributed no later
than September 30, 1991. He reported that Assistant County Attorney
Wetgel is comfortable with adding the stipulation determining a fixed
date. He explained that the accompanying Budget Amendment reflects
the initial funding of Fund 154 by the developer contribution of
$8,100 to be made by September 30, 1991. He expounded that presently
there is only one property involved in the M.S.T.U., said property
being under the o~mershtp of Peninsula Improvement Corporation, which
As actively involved In the construction of Hawksridge. He added
that, as the project is built out, there will be property owners
buying In and they will be notified in their purchase agreements that
there Is an M.S.T.U. formed and they will be responsible for ongoing
perpetual maintenance of the pumping station. He added that a pro-
posed budget will be presented to the Board of County Commissioners
Page 40
June 2§, 199!
~ annually for the operation and maintenance of the system. He stated
'.. that presently it is planned for two pumps to be installed which have
~'_[: the capability of acting independently.
In response to Commissioner Volpe, Mr. Boldt confirmed that there
~: is a similar pumping station for Victoria Park maintained by an
(~: M.$.T.U. for Unit One which is identified as Fund 134.
!i,: "(]~luloner $hanahan~oved, seconded by Commissioner Hasme and
':Co-~/s~toner Shanahan~e~, seconded by Commissioner Hesse, to
~.:. approv~ Tundtng for creating the Hawksridge Stor~eater Pumping
M.S.ToU.
· Commissioner Volpe pointed out'that the developer Is in agreement
with the stipulation that payment of the $8,100 is due prior to
September 30, 1991.
..,Cc~m/aatoner Shanahen amended the motion, seconded by
Couleeloner Hesse, to reflect that payment of the $8,100 is due fro,
~1~= prior to S~t~r 30, 1991.
call f~ the ~estton, the ~otton carried
~ ~tdp Stomter ~tn9 System M.S.T.U.
~ the accowtn~ ~d~t ~ent, there~ adopttn~ the
u ~~ a tttl~ ~1~ ~d entered into Ordtmce
ORDINANCE 91-63
AN ORDINANCE CREATING THE HAWKSRIDGE f;TORMWATER P[IMPING SYSTEM
MUNICIPAL SERVICE TAXING UNIT; PROVIDING AUTHORITY; PROVIDING
PURPOSE; DEFINING ITS BOUNDARIES; PROVIDING FOR ITS GOVERNING
BOARD, POWERS AND DUTIES; PROVIDING ANNHAL ESTIMATES OF EXPENSES;
TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION;
PROVIDING FOR CONSTRUCTION; CONFLICT AND SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
... It~ ~¢11
~j.i:.- BIII)~HT'~ IV~SOLUTION 91-23 THROUGH 91-27 AP~OVING ~~
~ ~ ~C~ ~R 1990-91 ~D B~ - A~ED
Legal notice having been published tn the Naples Daily News on
June 19, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider amendments to fiscal yea~
Page 41
' ?" June 25, 1991
1990-91 adopted budget.
Finance Director ¥onkosky related that this item is an advertised
public hearing process which is statutortly required tn order to amend
~j, the budget. He reported that this is a compilation of all the budget
:i, amendments approved by the Board of County Commissioners during the
last quarter, thereby Increasing the budget In total.
CollLtselonl~ $~andere ~ved, seconded by Co~umtsstoner Shanahen
~ o~x~l~ ~i~ou~ly, to close the ~blic hearing.
'~~l~lr S~derl ~d, seconded ~ Co~tsaioner Sh~
~ ..... ~~l~~i~lly, to adopt ~dget ~n~ent Resolution 91-23
Page 42
Itn #6C12
RESOLUTION 91-482 P,~ PETITION CCSL-91-1, BRETT D. MOORE, P.E. OF
COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING DR. AND MRS.
STEPHEN THOMi:~ON, RXQU~STING A COASTAL CONSTRUCTION SETBACK LINE
VARIANU~ FOR THE CONSTRUCTION OF A SWIMMING POOL, SPA AND PUBLIC DUNE
W;tr. wOVER STRUCTURE, FENCING AND NATIVE LANDSCAPING ON T1TE BACKDUNE
LOT 40, BLOCK A, RE-PLAT OF UNIT NO. 1, CONIFERS VANDERBILT BEACH
ESTATE~ - ADOFTED
Legal notice having been published in the Naples Daily News on
$une' 9, 1991, as evidenced by Affidavit of Publtcat~on filed with the
Clerk, public hearing was opened to consider Petition CCSL-gl-1, filed
by Brett D. Moore of Coastal Engineering Consultants, Inc., for Dr.
and Mrs. Stephen Thompson, requesting a coastal construction setback
line variance for the construction of the above-mentioned improvements
at the hereinabove identified location.
Environmental Specialist Polen summarized the request of the
Petitioner and identified the location of the sub3ect property. She
explained that the proposed swimming pool, spa, and screened enclosure
will extend approximately 23' seaward of the adopted CCSL line; that
the proposed fence wtll extend ,pproxlm~]t,]y 47' r, eaward of
adopted CCSL line; and the proposed dune walkover structure with
enhancement of the dune system wJll extend app~oxJ~nate]¥ R8' from the
CCSL line. She reported that the dune walkover structure w~11 be
available to the public as it l~es within one of the four easements
for public beach access as platted in Unit No. ! of Connets Vanderbilt
Beach Estates. She relayed the three main considerations are con-
telned in staff's Executive Summary dated June 25, 1991. She
explained that staff recommends approval of Petition CCSL-91-1 subject
to the stipulations also listed Jn the Executive Summary.
Brett D. Moore, utilizing an aerial photograph tak,n approxima-
tely 90 days ago, identified the location of the sub3ect property as
well as the proposed ~mpFovements. ~e explained that, from working
with the DNR staff, the proposed pool will me.t th, lr current
In reply to Commissioner Volpe, Mr. Moore stated that the dedi-
i~/~.~ cared public access is contained on the survey submitted to staff
In answer to Commissioner Hesse, Ms. Polen stated there are three
Page 43
"'~' i' June 25, 1991
out of the four signs that are posted. She s~]ggest~d that Collier
~'i,~. County might want to maintain the beach accesses as there is currently
~:'J;:.:~veget&tlon growing on them that Ja not desirable to walk on. She
' etated that the fourth access is between two condominiums which have
no trespassing signs closely r~lated to the access
Mr. Moore confirmed for Commissioner Volpe that it is the respon-
sibility of the property owner to construct the dune walkover adding
that, although no agreement has been worked out with Parks and
:,' Recreation regarding maintaining same, he believes that the Thompeons
are planning on maintaining the walkover.
Commissioner Volpe suggested that a stipulation addressing the
.: responsibility of the Petition to maintain the dune walkover on the
i,
public access easement which ie located on the Petitioner's property
should be included.
Pat Ptlcher stated that those living in the area are eager to
~C ' have Dr. Thompson build in the area and feel he will be an asset to
.~f
the community. She reported there are those who currently abuse the
sea oats. She explained that there are catamarans present, one in
~. particular which has been present for months, ruining the sea oats.
She disagreed that there is a need to improve the beach access walk-
way. She indicated it is used all the time without problem. She
reported that there is a sign Identifying the beach access as well as
a large bike rack.
~{es~oner S~zndsrs ~d, seconded by Co~missioner Shanahah
~ ~i~ ~i~l~, to close the ~blic hearing.
~~{~er S~ders ~d, seconded ~ Coatssigner Hasse ~d
~{~ ~2~1~, to m~r~ ~tition CCSL-91-2 ~b]ect to the pro-
~'~2~2mti~ 12st~ ~ the a~eement sheet as ~1~ as the stt~-
{~ti~'~t ~tit2~er shall ~intain the ~ach access
t~ ~t~ Resolution 92-482.
Page 44
June 25, 1991
]I~SC~UTZOI[ 91-48~ R~ t~Z~IOR ~-92-9, 30S~P~ 3. ~0, R~Q~S~IRG A
~Z~,T~ V~~ IN R~-2 ZO~ DIS~I~ ~R ~0~ L~A~D AT
1345~ ~ ~E ~ ~ QUAIL ~E~ - ~~
Legal notice having been published In the Naples Daily News on
J~e 9, 1991, as evidenced by Affidavit of ~bltcatton filed wtth the
Clerk, ~bltc hearing was opened to consider Petition V-91-9, filed by
Joseph J. Eveleno, retesting a 4' variance from the required 20' side
yard setback in the RSF-2 zoning dlstrtct to 16' for property located
at 13456 Pond Apple Drive West, Lot 3, Block M, Quail Creek Unit 4, tn
Section 17, Township 48 South, Range ~6 East, Collier County.
Planner Bob Mulhere reported that this is an after-the-fact
varlanc~ r~quest to allow fo~ a clear and unencumbered title to the
~bJect property. He stated that on June 6, 1987, a Building Permit
for this single family structure with screen enclosure was applied
for, but the submitted plan did not indicate encroachment by the
enclosure nor did the re~tred 21 day spot survey show the screened
ericloire. He confirmed receipt of letters of support, including one
from the Quail Creek Property ~ers Association, one from the con-
ti~ous property o~er directly to the north, and one from Donald
Stone, purchaser of this property. He relayed staff's opinion that
the encroachment Is due to an error by the contractor, but added that
the Petitioner has failed to demonstrate sufficient hardship to
~usttfy the granting of this variance. He acknowledged that the CCPC
concurred with staf['s recommendation for denial.
Commissioner Volpe stated he Is hard pressed to find any distinc-
tion between this situation and the one in Naples Park.
Joseph J. gveleno stated he was unaware of any encumbrances at
the tlm~ he built his house. He said he was informed by his netghbor
that there was a problem.
~:.Nr. ~lhere reconstructed the history of the permit issued for
the single family structure, lanai, and pool. He reported, however,
that the spot survey failed to show the lanai and pool and, there-
fore, no encroachment was n6ttced until the home was sold and a survey
000 P, .129
Page 45
performed.
June 25, 1991
Commissioner Volpe reiterated that the CCPC recommended denial
a vote of 5/2. He added that in the instant case it appears someone
~made a mistake.
'Mr. Eveleno stated he does not feel it is Justified for him to
pay for a mistake that someone else made. He commented that he paid
the builder in good faith for deliverinG a product.
Cmissi~er Sanders mo~d, seconded by Co~isstoner Sh~
~d c~ ~i~ly, ~o close the ~blic hearing.
-Cm~ssioner Sanders moved, seconded by Co~tssioner Goodnight,
Co~tsstoner Shanahah expressed ht~ belief that there
ference in this situation versus the previous Petition and pointed out
the neighbors are in support of this Petition.
~O~on call for the question, the motion carried 4/1 (Commissioner
Volp~ opl~sed), thereby adopting Resolution 91-483.
Page 46
June 25, 1991
ORDINAR~E NO. 90-24 - PRESENTED &ND ACCEPTED WIT}{ CHANGF~
Community Development Services Administrator Brutt read the
Executive Summary dated $une 25, 1991. He reported that Stan
..'Litsinger is the author of the report In question with assistance of
all the county divisions.
:Growth Management Director Litsinger reltereated the three spe-
cifics being recommended: acceptance of the report as the FY91AUIR;
that the Board of County Commissioners present a separate motion and
vote on each facility type as to the recommendations and revenues
indicated; that, after analysis and review, the Board of County
Commissioners find that staff has made decisions that will result in
adequate category A public facilities for the support of the develop-
ment order Issuance until next year's AUIR in FY92. He referred to
report page 4, Identifying it as a summary of all the projects iden-
tified in this report as well as existing revenue sources based on
past actions by the Board of County Commissioners through the previous
!/~Ji~i':;" CIE and identified revenue sources available today.
Commissioner Volpe questioned whether staff assumed any increase
in impact fees based upon the study being done by the consultants, to
which Mr. Litsinger replied an approximate 80~ increase over the
current impact fees in FY91/92 and a conservative rate of growth of
approximately 3~ in collections is being assumed in the roads portion
analysis.
-In response to Commissioner Volpe regarding the 1 Mill Capital
Fund, Mr. Litsinger confirmed that th~ amount reflects the portion of
the Fund that, based on prior actions by the Board of County
Commissioners in the previous CIE or through the natural identified
funding mechanism for particular pro~ects, is the portion needed to
fund the projects in this plan.
In answer to Commissioner Volpe, Mr. Litsinger verified that over
the next five years the I Mill Fund will probably generate conset-
Page 47
June 25, 1991
about eighty million dollars, eighteen million dollars, or
25~, of which will be allocated to tiE.
.Commissioner Volpe questioned whether allocating 25~ now automa-
tically frees up 755 of the non-Clg element that the Board of County
Commissioners has not looked up.
County Manager Dotrill verified that staff has been asked to look
at a five year non-tiE capital Improvement program, and that the rele-
vant workshop is scheduled for this coming Friday morning.
In response to Commissioner Volpe,; County Manager Dotrill
questioned what is involved with reserving the right to change the
allocation amounts for that appropriation.
Mr. Litsinger answered that areas where reconstderation of allo-
cation of 1 Mill Fund to the ¢Ig can be Indicated. He added that the
third ¢iE updated Amendment will be prepared based on the Board of
County Commissionerst decision after reviewing this report.
Commissioner Volpe commented that the last time an update of the
CIE element of the Growth Management Plan took place the optional 1¢
infrastructure sales tax was left In. He reiterated that he voted
against It at that time, yet when the update was done after the
November election it was In there. He stated he wants to make sure
that realistic funding sources are in place as part of the package.
Commissioner Goodnight referred to page 47, Category B facili-
ties, stating that durtng the budget process the Board of County
Commissioners will be presented ways to get rid of the deficit In the
five year plan during this fiscal year. She suggested it might take
spending $80,000 to put someone In for the pretrial release programs.
She stated that Collier County has a partlal pretrial release program
presently but a full pretrial release program is lacking.
Mr. Litsinger interjected that when arriving at the Jail portion
of the report, part of the recommendations include review of where we
are versus what we currently have in the CIE versus the report from
the consultant group and some of the other things ~ust mentioned going
forward.
Page 48
June 25, 1991
Co~alesioner Goodnight verified that counties which have been
aggressive in the pretrial release program which in turn has been suc-
cessful in saving money as far as Jail space, etc. suggest that
Collier County might need to look at a full pretrtal release program.
Mr. Litsinger stated that can be part of the recommendation of
the Board of County Commissioners as part of the process.
In response to Commissioner Volpe, Mr. Litsinger verified that a
county-wide road improvement assessment district has been identified
as an existing revenue source. He stated that is the adopted policy
,as · revenue funding mechanism and, lacking the 7¢ sales tax for the
roads deficit, that is what staff has to start with.
In answer to Commissioner Volpe regarding whether the storm water
utility fees assessment is an existing revenue source, Mr. Litsinger
stated that the assessment portion of that is a proposal on the part
of staff to not only allocate the portion of those projects to which
you can attribute a direct benefit to certain properties, but also to
reduce the Ampact of the utility rate.
In reply to Commissioner Volpe, Mr. Litsinger confirmed that the
storm water utility fees assessment Is existing as far as being
available to the Board of County Commissioners legally and not being
required to receive a voter referendum in order to apply It and have a
financially feasible CIE. He reiterated that staff is merely pointing
· It out as an alternative which can be addressed.
Commissioner Volpe remarked that while It states existing revenue
sources, some are, in fact, proposed.
Mr. Litsinger agreed that it should say existing and proposed
revenue sources.
Commissioner Volpe reiterated staff's conclusion that there is
one of two alternatives, one of which is that additional money needs
to be raised and the alternative is to readdress the Growth Management
Plan and ClE el.ment, revising It to rsfl.ct mor~ realistic obtainable
goals.
.Referring to page 6 of the report, he remarked that the infor-
00o , 137
Page 49
June 25, 1991
marion was compiled based on the existing conditions report provided
by Mr. Perry and Mr. Archibald. He alluded to the foldout which is a
.~>.... snapshot of the entire arterial and collector roads network as far as
levels of service, existing deficiencies, potential deficiencies,
required improvements and time frames for improvements In order to
maintain concurrency and commitments, and the costs of these projects
measured against the revenues found to be available. He ldentlfied
attachment "C" which is the Collier County Ten Year Road Program bro-
ken Into the two five year periods, stating it is from this attachment
that staff has made its recommendations.
ee De~ut~Clerk ~uevin replaced Deputy Clerk Farrim at this time
Mr. Litsinger requested the Board affirm or give alternative
direction for the County-wide road Improvement assessment district as
the deficit funding source to maintain the financial feasibility of
the FY 92-96 CIE as required by Rule 9J-5 of the Florida
Administrative Code.
Commissioner Volpe commented bonding of gas tax revenues has been
discussed during Strategic Planning sessions, but is not mentioned In
this report.
County Manager Dotrill stated all available gas tax revenues have
been pledged in support of the $13 million Interim financing plan, and
there are no other current funds available beyond those that are
:.:~alresd¥ committed. He advised when the $13-mllllon la paid off, the
annual $2 million unobltgated gas tax revenues could be applied
toward permanent bonds.
In response to Commissioner Volpe, Transportation Services
Administrator Archibald stated the projects that will be subject to
payback from the State have been identified in the packet provided to
the Board. He said those projections are based upon FDOT's current
five and six year schedule of activities. He noted the basic concern
is in order to meet the County's window to complete certain projects,
the County must fortify the State's program with County dollars. He
added even with some funds being p&ld back, the County will sttll be
Page 50
~:' ": ' ' ~ : Suns 25, 1991
expanding $15.7 million.
Commissioner Shanahah asserted the shortfall of $61 mtlllon for
County roads and $16 million for State roads will be funded by the
County-wide road improvement assessment district, to which Mr.
Litsinger agreed.
Commissioner Volpe questioned when the extension of Livingston
Road from Golden Gate Parkway to Pine Ridge Road will be completed?
Mr. Archibald replied both segments of Livingston Road are included in
the five-year program. He said those are considered parallel roadways
that will take some of the capacity off Airport Road. He explained
that some Intersections, I.e., Pine Ridge and Airport Roads, will have
a capactty problem which will bring down service levels. He said an
alternative to addressing that need is to have an alternate or
parallel corridor to divert traffic to keep service levels acceptable.
Commissioner Volpe fnquired what impact will that have with
respect to the grade separation at Airport Road and Golden Gate
Parkway? Mr. Archibald responded it moves that project beyond the
five-year timeframe, which keeps the County in compliance from a road
-',management standpoint.
Commissioner Volpe asked what commitments have been made by the
Grey Oaks DRI for Improving that Intersection? Mr. Archibald stated
that development has made contributions In the form of $5 million In
right-of-way. He said they are providing off-site improvements that
will allow the County to proceed quickly with the stx-laning of
Airport Road.
Commissioner Volpe questioned if in Staff's opinion, there are no
other alternatives to increasing impact fees and the County-wide spa-
cial assessment district? Mr. Litsinger advised at this point in
time, these are the only realistic alternatives available to the Board
under the guidelines set out to measure financial feasibility.
Conmisstoner Volpe commented that adjustments can be made to the
levels of service on County roads. Mr. Litsinger agreed, however,
that will entail amendments to the Growth Management Plan to take out
000., . i39
Page 51
June 25, 1991
some of the projects. I~e also mentioned the Board needs to take Into
:': i'.'
~:.:~ consideration that Development Orders have been issued for the past 15
months that are dependent on the availability and timing of many of
these projects.
Commissioner Shanahan communicated that DCA and FDOT are studying
level of service elements, both local and State-wide, as to how con-
currency can be better approached w~th a differen~ set of standards.
.% ' He said that may alleviate some of these problems.
~iss~ ~ ~d, seconded ~ Co~issioner H~se, ~d
~A~ 4/1 (C~issA~er S~ders op~sed), to direct Btaff to
~1~ ~ p~Je~s a~ing on the "Collier C~ Ten Year Road
Ply=,: A~~t C, An the ~Ard ~ual CIE U~ate ~d ~ent to
~ t~itt~ to ~A tn Septemir, 1991; ~d afft~ the C~-wide
" mtntain t~ ftmctal fealtbtlt~ of the ~ 92-96 CZE am r~tr~
-:.- Mr. ~l~aln~er nex~ preaen~ed Recreation ~acl~X~ea, aka~in~
million worth of improvements are currently planned in ~he
wall resul~ in a surplus a~ ~he end o~ ~he f~ve-year period
::: :' approximately SiX-million. He said the planned revenue sources are
: from Co,unity Park impact fees, State Boating Improvement ~nds, Gas
.~]~.. T~es and One Mill Capital Revenue Fund, which was required to elim1-
~?:' hate existing deficiencies. He concluded Staff recommends that the
~]":' Board direct Staff to include the "Planned CIE FY 92-96" projects
the Third Annual CIE Update and Amer, dm~nt..
In response ~o CommissAoner Shanaban, Mr. Litsinger explained
':~ %he facilities indicated An ~h1$ plan are built on schedule, thnre
will be a capital faci]Aty surplus of $11-mi~]~on, because
$6.3 million is committed tn One Mill Capital Revenue to eliminate the
"" XnitAal deficiency, Ampact fee money will be the primary source of
revenue.
~~A~ S~ ~, seconded ~ Co~AssAoner Hasse ~d
~A~'~i~ly, to include "Plied CXE ~ 92-96" projects An the
Page 52
1991
~'~~~¢I~ ~te ~ ~t to ~ ~ttted to DC& :in
...... Mr.~.*Lttstnger continued with the next facility, Community Park
Land, nottn~ there will be a deficit at the end of the five-year plan.
He eatd there are ~rrently two parks planned, with developer contr1-
butSons and co~unAty park fees as the revenue sources. He asked the
Board to include the "Planned CIE ~ 92-96" projects and add a nlnth
Co=try Park of approximately 32 acres.
In an~er to Commissioner Vo~pe, Mr. Lttstn~er Indicated the loca-
tion of a ninth park wtll be ~etermtne~ based on population trends and
demo~aphtc studies by the Parks and Recreation Department.
Co~lsstoner Volpe questioned If the SO acres donated
Orangetree are tnc~ude~ Jn the exJsttn~ Inventory of Da~k
BIll Lavetry, Growth Management Planning, indicated that Inventory
Mr...Lttetn~er advtsed Af that acreage ts added to the inventory, a
ninth park w~11 not be required at this time
In an~er to Commissioner Saunders, Mr. Lavetry replied the
General location of Orangetree wtll be app~o~rtate for residents
1tvtn~ In the urban Estates area.
=t~ =t~2y, to include the "Plied CIE ~ 92-96"
~ ~ t~ ~~ It Orbit=el to the existing lnvento~ of com-
Mr. Litsinger reported ~hat with the inclusion of Delnor-Wfggtns
S~ate Park in the Inventory, the County now has 604 acres of available
Inventory. He noted this ts due to a recent fays=able ruling by DCA
which allows the County to include State lands and parks In the
regional parks Inventory. He said Staff recommends that future
regional park Inventory be acquired with Impact fees. He mentioned
there ts a need for a 200-acre regional park project
Board d~rec~ Staff to ~nclude that pro~ect.
Page 53
June 25, 1991
Commissioner Volpe asked why the ?,000 acres of land leased from
the State has not been included in the inventory? Mr. Litsinger indi-
cated Staff will further investigate that possibility and if per-
missibis, will include those lands in the Third CIE Update to be
brought to the Board during the Summer.
~ioner Shan~h~n ~ov~d, seconded by Commissioner Saunders and
=~ra'A~~A~o~l~ly, to a~e Staff'e reco~ended action on the
~t~.~k ~ Oil ~te, incl~tng ~l~is to t~e cr~it for
Mr. Litsinger noted the next facility types are Drainage Canals
and Structures. He said current revenue sources are Identified as the
Stormwater Utility, Bi9 Cypress Basin and developer contributions. He
reported Staff is also recommending exploration of the possibility of
including several projects as partially assessment funded, due to
benefits deriving directly to certain properties. He concluded Staff
recommends that the Board include the "Planned CIE FY 92-96" projects
in the Third Annual CIE Update and Amendment, and further requested
direction on the drainage assessment district concept.
In response to Commissioner Volpe, John Boldt, Water Management
Director, advised there are certain projects with regional aspects
that lO0~ of stormwater utility fees should be used, however, the nor-
mal type project that is multi-purpose for flood control, drainage,
water quality protection and groundwater recharge, might be 30~ spe-
cial assessment to 70~ utility fees. He said he will recommend the
Naples Park type projects, which are basically for aesthetic reasons
to enclose ditches, to be funded by 70~ special assessment and 30~
user fees. He reported Staff will bring more specific examples to the
Board through the consultant, to give a better background on the
philosophy.
~t~m~oolonez, Shanahmn moved, seconded by Commissioner Hasse and
carrle~nnani~onsl¥, to approve Staff's recommendations on the
Draiuag~ Canals ~nd Str~2ctures.
Mr. Litsinger presented the Potable Water System, proposing that
Page 54
June 25, 1991
all improvements planned in the next five year period be paid with
system development fees or Impact fees. He asked the Board to direct
Staff to include "Planned CIE FY 92-96" projects in the Third Annual
CIE Update and Amendment.
Co~mtssioner Volpe questioned if the requested action will impact
upon the rate study to be done on August 14th?
Fred Bloetscher, Assistant Utilities Administrator, responded
Staff has planned all the CIE's in the first three years in the rate
study.
Co~m/utoner Slmanah~n~, seconded ~ Commissioner Hasse and
cm~riedunan/mously, to direct Staff to Include "Planned CIE H 92-96"
~J~ ~ ~ ~rd a-~l CZE ~ate ~d hen~ent to ~ ~ttted
.~ ~ ~ ~~, 1991.
Mr. LitsinGer said the next facility type is Sewer Treatment and
Collection System - North County. He said it is planned in the CIE
for the Increase of two MGD, with the source of funding tdent~fted as
system development fees. He asked the Board to direct Staff to
include the "Pla~ed CIE ~ 92-96" in the Thtrd Annual Update and
Amen~ent, and further redested that this project, kno~ as Project
· 91~, be moved to ~ 93-94.
Mr. Bloe~scher stated the packet should reflect Project ~91~ to be
moved to ~ 92-93. Mr. Lttstn~er stated he will make that corre~tlon.
~~t~r S~~~, ~ec~ded ~ Co~tsstoner Huse
c~1~ ~t~1~, To mppr~e Staff's reco~endatlone for the
~~t ~ Coll~tt~ ~tem - ~orth C~.
Hr. Lttsln~er continued to the Sewer Treatment and Collection
System - South County. Re said 4 MGD capacity Improvements are
pla~ed for ~ 92 to FY 96, with system d~velopment fees as the source
of funding. He Indicated Staff 1s recommendJn~ the Board include
'Plied CIE ~ 92-96" projects tn the Third Annual Update and
Amen~ent, and further recommends that Project ~916 be increased from
4 MGD to 8 MGD.
'Co~tsstoner Volpe noted a commitment was made to Lely residents
000 , i43
Page 55
June 25, 1991
not to ~ncrease that facility until after a public hearing. He asked
if this can be approved without that hearing having taken place?
Mr. Bloetscher advised if Lely is not utilized, another site must
be chosen.
Mr. L~tsinger reported without the expansion to 8 MGD, a deficit
ls not shown until the latter years of the decade. He said that deci-
sion-can be deferred until the next AUIR.
Comm~m~one~ $hmnmhmn moved, seconded by Commissioner Hasse and
c~x'x'~.l;IX~:lxJ.~O~ly, to d~ct Staff to ~nclude "Planned. CIE ~ 92-96"
Ir~oJl~-~ ia tl3~ ~ird m-ml CIE ~te ~d benbent to ~
to ~A 2n ~t~, ~992, deleting the increase ~n ~o~ect ~916 from
4 ~ to 8 ~ ~t22 the next AUIR.
~r. DitsInger stated th~ f~n~l 0ategotV A ~acll~tv tv~e is
Haste, Hhlch lncI~de9 the ~0 vear ra~ land su~lV. He said 100
of a~ditional lan~ ~urchase J8 planne~ ad~ocnnt to tho
~andftIi. He stated this HIll be gald Htth landfill tlgging ~ees
the ~JmarV funding source. He concIu~e~ $ta~ ~ecommends the
~trect Staff to Include the Indicated CI~ ~o~ect in the T~lr~
CI~ ~ate an~ Amendment, an~ f~rther ~ecommends the ~oar~ ~J~ect the
ac~tsltton of additional acreage adjacent to the Na~les ~and~tll
neede~ to eliminate ~ro~ected deficits Jn the latter ~ear9 o~ the
92-~6 CIE~ and that these ~ro~ect9 also be added to the ~hlrd C~
Update.
In answer to Commissioner Hasse, Hr. Litsinger sa~d the Board pre-
viously approved the addition of 300 ac~es. He ~epo~ted 50 ac~es were
mc~md th~s yea~, and 100 ac~es a~s currently planned fo~ the next
f~scal yea~.
In ~esponse to Comm~ss~one~ Shanahan, Bob Fahey, Sol~d Waste
D~recto~, advised the consultant w~11 p~ov~de the County w~th altec-
native evaluations of d~ffe~en~ s~tes, and Staff w~11 ~etu~n w~th
~eco~endat~ons.
In ~eply to Co~ss~one~ Volpe, M~. Fahey stated the ~n~t~al p~ece
0f ~d that was p~oposed fo~ acquisition was a 300 ac~e parcel. He
Page 56
June 25, 1991
said smaller parcels can be acquired to the north, to assemble enough
land to keep pace with the use on an annual basis. He asserted if
lands are acquired to the north, it will be done Incrementally.
Conditioner Saunderm I~rved, seconded by Co~mtssioner Shanaban and
cmrri~ ~n~ni~o~sly, to direct Staff to Include "Planned CIE FY 92-96"
projects in the Third Annual ClE Update and l~endaent to be submitted
to DC& t~ September, 1991, mnd to direct the acquisition of additional
acreage adjacent to the Naples Landfill needed to eliminate projected
the latter lmar! of the FY 92-96 CIE, and that these pro-
Jects be added to the third ClE Update and Amendment.
Mr. Litsinger addressed the second Category A Solid Waste, the two
year lined cell capacity at 1.55 tons per capita. He advtsed the
current plan anticipates adding 4,667,000 tons of disposal capacity,
to be financed with landfill tipping fees tn the FY 92-96 period. He
recommended that these projects be added to the Third Annual CIE
:Update and Amendment.
Mr.: Fahey reported Collier County is under a new set of regula-
ticns effective May of this year, that markedly increase the require-
ments for the construction of lined cells. He said lined cell
construction in the future will range two to three times over the
current cost per acre.
' Commissioner Volpe questioned tf these recommendations anticipate
landfill mining, recycling and the MRF concept, to reduce future
needs? Mr. Fahey noted these projections are based on a worst case
scenario. He said the current recycling efforts by Collier County
still anticipate landfilling at 60-80~.
~o~tutone~ ~nanahan m~.'ed, seconded by Commissioner Saunders and
¢~rrted ~ma~tmly, to direct Staff to include "Plarm~d CIE FY 92-96'
~J~; in the Xlllrd Annul Up4mte ~nd Amendment to be submitted to
~ :~ :~m~~, 1991.
Mr.. Litsinger presented the first facility type In Category B,
County Jail. He said the CId. currently proposes 256 beds as part of
the Phase I improvement, which Is a total facility Improvement cost of
Page 57
Suns 25, 1991
$25-mtllton. He said the identified revenue source is a G.0.B.
referendum, which is a back-up to the Sales Tax. He noted the five
year deficit will also be a potential G.O.B. referendum. He advised
potential alternatives are a Jail Impact fee or One Mill Capital
Revenue Fund. He said Staff ie recommending that the Board give
direction to include Project #400 as a 256-bed addition to the Third
Annual CIE Update and Amendment, as recommended by Correc~iona~
Se~tce Group, Inc. He also redested Board policy direction on the
addltion of a second Jail pro~ect 2n the ~ 92-96 period, and/or study
of a possible LOS amendment in consideration of the Correction
Se~lces Group report.
~~er S~ders ~, seconded ~ Co~t~stoner S~~ ~d
~~ ~ly, to a~r~e Staff~s reco~endations, w~th the
~~ ~t the additional Ja~l ~ace ~y ~ pr~n not
see ~ Clerk Hof~ r~laced ~ Clerk ~evin at this ti~ ea~
Mr. Litsin~er stated that an additional 20,~00 square feet for
Library BuAldin~s (Category B) are planned for the 92-~6 period and
the source of f~dAng is the 1 Mill Capital Fund and Library Impact
Fees. He advised that staff recommends that the Board direct staff to
include "Planned CIE FY ~2-96" projects An the Third Annual Update and
that future library expansion projects to eliminate developln~ defi-
cits ~n the latter part of the decade not be added to the FY 92-96 CIE
at this time. He reported that additional time will allow for s~te
plying based on population trends and the accumulation of Impact fee
receipts for future funding. He noted that this will also allow time
for plus by the Golden Gate C~vlc Association to construct a lO,000
sq. ft. public library branch with proceeds from a legal settlement
which may reduce future deficits.
T~ ~
Co--ASSiGner Volpe ~estioned whether there is any poss~bAlity
Through an interlocal a~reement with the School Board to take credit
for the librar~es within the schools. Mr. LAtein~er replied that ore-
June 25, 199!
dtt may be taken if they have general public access.
Commissioner Goodnight noted that the majority of the schools do
not have general public access. She explained that she understands
that in the near future there will be a proposal for the new
to be constructed providing general public access. She indicated that
she would like to see the Commission hold a Joint meeting with the
School Board to coordinate their capita! improvements with those of
the County.
~!~ ~u~one= Saunders ~d, seconded by Com~leelonar Shanahen and
~~ ~~ly, to accept etaff~s reco~endation ~d to
~ ~t ~ ~st~ ~ Co~ss~oner Goo~ght.
;%:... Hr. Lttatnger called attention to the Library look SLock.
2~ related that an additional net increase of 45,000 volumes ts anticS-
j: pated for the next five year perrod to be covered by the CIE and
funded by the ~ Mill Capital Revenue ~nd and Library Impact Fees.
Mr. L[ts~nger stated that staff recommends that the Commission
provide d~rect~on to include the ~dent~fJ{,d pro,acts Jn the Third
Annual CIE Update ~d Amendment.
" ~~1~ S~ m~d, second~ ~ Co~ss~oner S~ders
~ ~~ ~l~sly, to a~r~e staff's reco~endatlon ~d t~t
st~ ~ t~ utilization of the School L~brar~e= ~d the
Mr. Litsinger pointed out that an additional 15,000 sq. ft. J,
planned for Government Buildings FY 92-96, noting that there will be a
defJcJt of 66,28! Iq. ft. at the end of that five year period. He
indicated that the revenue source for the Capital Government Buildings
is the 1 Mill Capital Revenue Fund.
Mr. Litsinger requested that the Commission direct Staff to
include the ~dentffied project tn the Third CIE Updat'e and that th.
pro,acted FY 95-96 deficit not be addressed in the Third CIE Opdate.
He expressed that this will allow time for plann~n~ for funding of the
25,000 sq. ft. 3rd Floor of the Health Building and 23,000 sq. ft. on
the 4th Floor of the Courthouse. He reported that the lead t~me to
Page 59
June 2§, 1991
finish these projects does not require BCC commitment at this time for
· ~ Commissioner Volpe questioned whether the $131.07 sq. ft. cost
includes the land cost. Office of Capital Projects Management
Director Conrecode replied that the $131.07 sq. ft. includes design,
building, land acquisition and furnishing costs.
In answer to Commissioner Volpe, Mr. Coor.¢:od. replied that
Government Building CIE Projects utilize $.~3 - $.~8 of the tota!!
M~11 dollar available.
Mr. Litsinger stated that the project, as identified, is in the
later year of 92/93 and the probable funding source of the 1 Mill Fund
allows the latitude to change same at some time in the future.
Co~iasioner Saunders moved, seconded by Commissioner Shanaban and
carr%ed unanimously, to approve ataff*s recommendation.
Mr. Litsinger advised that Emergency Medical Services consists of
EMS Units, Equipment and a Garage Building. He reported that the
source of revenue is the 1 Mill Capital R.-venue Fund. He explained
that three units are planned in the FY 92/96 period and staff is
requesting that consideration be given to the alternative revenue
source of the EMS Impact Fee. He asked that staff be directed to
include in the Third Annual CIE Update and Amendment the three EMS
Stations identified and that future funding for EMS Units be provided
from EMS Impact Fees.
COII~t~:~ Saunder~ ~0~ed, seconded b~ towelsstoner Hasse and
c~t-rted unanim~u~l¥, to approve staff's recommendation.
Mr. Litsinger pointed out that the Dependent Fire Districts of
Ochopee and Isle of Capri require no action by the Board at this time.
Mr. Litsinger recommended that the Commts~ion find upon analysis,
review and actions taken based on the FY 91AUIR that adequate
Category "A" public facilities will be available, as defined by the
Collier Concurrency Management System, to support development order
' issuance until presentation of the FY 92 AUIR within twelve months of
this'date.
Page 60
June 25, 1991
-:011~~r Sh~nah~n ~n~ed, seconded b~ Commissioner Haese ~d
w~ll ~ ~lable, ~ def~n~ ~ The Collier Con~rren~ N~agemen~
~, to ~~ d~v~lo~t order ~s~ce ~1 presentation
t~ ~ ~2 ~UIR e~th~n ~1~ ~n~he of this date.
· ~ee ~s 6:15 P.N. - Reckned 6:25 P.H.
~OL~ON 91-484 ~I~ING S~ ~S TO ~ B~ A~AIRS
A~[nistratfve Ass~stan~ to the Board Fllson advised that
l~em ~s a recommendation to appoln~ members to the B~ack Affairs
Advisory Board. She d~sclosed ~hat a press release was issued and
testes were received. She indicated tha~ a letter was received
the N~CP recommending that the follow~n~ applicants be considered for
appointment: Robert Walker Jr., Henry C. Trlb~le, Albert Lee, Clayton
Hodge, W~ll~e B. Brlce, III, Jackelan D. Brown, and Larry D. Word.
Mr. Fred ~omas, Member of the Executive Comm~tt~ of th~
thanked the Commission for moving expeditiously tn creating and mak]ng
appointments to ~he Black Affairs Advisory Board.
Mr. Gerald McKenzie, President of the Colller County NAACP, stated
that he believes that the candldates, as endorsed, w~l] represent the
County very well and will be a valuable resource to the Commission.
He noted tha~ the members of the endorsed panel of the NAACP represent
a large range of skills and backgrounds in Collier County.
-~~.-~IF, to acc~t the reco~t~on of the N~CP
~t:~lut~ 9~-484, a~nt~ng Ro~rt Walker, Jr., H~ C.
After action was taken on Item 12A, the following d~scusston and
motion ensued.
Mr. Gerald McKenzie stated that he believes that expanding the
Page 61
June 25, 1991
Hispanic Affairs Advisory Board to nine members is a good approach and
requested that the Black Affairs Advisory Board be expanded to nine
members. He indicated that 11 resumes were submitted for con-
siderat~on.
· ~...'.ColamAssAoner Saunders suggested that the Comm~ssion commit to
expanding both Advisory Boards to nine members and that the County
Attorney draft the appropriate documents to effectuate same and that
Mr. McKenzie submit two addit~onal names to be added at the next
meeting.
C~mm~m~ioner Smunder~ m~m~d, seconded b~ Co~missioner Shanaban and
cmr~edunantmousl¥, to expand the Black Affairs Adv~sor~ Board to
n~nemem~er~ ~nd that the Count~Attorne~ draft the appropriate amend-
Ordinance regarding the number of membe=s.
OO0.r, . 150
Page 62
KESOK. UTION 01-485 APPOINTIN8 NINE MEMBERS TO THE HISPANIC AFFAIRS
BOARD - ADOPTED~ COUNTY ATTORNEY TO AMEND ORDINANCE RE
Administrative Assistant to the Board Fllson stated that this item
is a recommendation to appofnt members to the Hispanic Affairs
Advloo=¥ ~o&rd. Sh~ r,por~ad that a prean rel~ wa~ lneu~d. uotl,g
that she received one resume, however, the other resumes received were
submitted by the Hispanic Chamber of Commerce and they recommend that
seven members be appointed. She pointed out that last evening she
received a taxed resume from Nelson Munoz.
Mr. Victor Valdes, President of the ~tspanic Chamber of Commerce
of Collier County, stated that he has no objection to the Commission
accepting the resume from Mr. Munoz.
Mr. Nelson Munoz, Treasurer of the Hispanic Chamber of Commerce,
apologized for submitting the late resume. He lndicated that
apparently there was a misunderstanding In January and February when
the Hispanic Chamber trled to achieve better representation of
Hlspanics serving on Collier County*s Advisory Committees. He
explained that he submitted his resume at that time and understood
that it would be used for any advisory committee for which Mr. Victor
Valdes felt he would be qualified to serve on.
Mr. Joseph Torres expressed concurrence of the Hispanic Chamber~s
recommendation but urged the Commiss~on to accept the resume as ~ub-
mitred by Mr. Munoz.
"-? ':Commtsslonl~ Haaae noted that the }liepanic Chamber has recommended
that e~ght members be appointed to the Hlspanlc Affairs Advisory
Board. He suggested that the Commission appoint the eight members,
accept the resume of Mr. Nelson Munoz and appolnt him as the ninth
member so that there would be an "odd" number comprising the mem-
bership of same and that the County Attorney amend the Ordinance
regarding the number of members.
Commtssloner Shanahah concurred with the suggestion of
Commissioner Hasse.
000,, 152
Page 63
June 2§, 1991
seconded by Cmtssioner Shanahan and
· carried m~ni~ously, to ecc~pt the reconendatlon of the Rtsp~lc
~. o~. ~r~, a~inting the foll~tng ~e~rs to the Hl~tc
' Mf~ ~t~ ~d: Zac R. Lucto, ~org~Perez-Avtla, ~at~e R.
~t~ ~t~io ~. ~rez-~itoa, AI~ Castro, Bem~do
>'~ ~ 1. kltr~, Ilort~ ~tn~sz ~d adding Nelson ~oz ~d
-.'. ~1~t~ 91--485 ~ adored; and that the County Attorney amend the
~ Ol'dln~ce ch~9ing the number of appointments to nine members.
Page 64
June 25, 1991
~ ~RA~'$ ARR~&~ REV~ - 2~ ~RCR~AS~ APPROV~D
Commissioner Goodnight announced that the County Manager has had a
tremendous amount of responsibilities and pressures in the County over
the last year. She indicated that not only does he serve as County
Manager, which is a 24 hour per day Job, but he has attended over 60
public meetings before and after hours during the last year. She
indicated that Mr. Dorrlll's salary is reviewed annually and he has
taken what has been offered to him, rather than asking for a raise.
She explained that she mentioned to Mr. Dorri]! that he would be
showing leadership by deferring any type of merit increase for this
year. She advised that Mr. Dorrill has been elected as Florida
Association of County Managers as President this year and has been
recognized as one of the top Managers in the State.
Commissioner Goodnight stated that a 4.5% cost of living increase
would result in $55 per week. She remarked that she believes that
this would be a good starting point to show the County that the
Commission is serious about the dollars that are being spent.
Mrs. Odilie Tarrant, read a letter to the Commission, from 3an D.
Curran, President, Taxpayers' Action Group, objecting to increasing
the salary of County Manager Dotrill. The letter cites that Mr.
Dorrill's performance has not been sufficiently impressive to warrant
any increase.
'''l~m~t~F Clerk Ax~tght replaced DeI~ut¥ Clerk Hoffman at this time'''
Lois Loeber, speaking on behalf of the Taxpayers' Action Group of
Collier County, suggested that Jn revlewfng a proposed tncrease in pay
for the County Manager, it appears that with his current ]eve] of com-
pensation, lncludlng all the benefits, his salary is comparable to
other positions. She pointed out that others employed in Collier
County have not received cost of living increases during these dif-
ficult economic times, even though they have performed their job
excellently. She added that some companies have asked their employees
to take a decrease in pay rather have to lay people ~,ff.
Page 65
June 25, 1991
Jim McGrath referenced a letter he received from Commissioner
Saunders, dated June 10, 1991, which Indicates the difficult economic
situation the County Is currently In and what the Board of County
Commissioners is doing to help the situation; and added that this was
a refreshinG letter to receive.
Dick Leebet, speaking on behalf of the Taxpayers' Action Group of
Collier County, stated that tt is not felt that the County Manager has
performed his Job in an adeq"uate or accountable manner.
Fred Tarrant, speaking on behalf of the Taxpayers' Action Group of
Collier County, concurred with the comments of Mr.
Commissioner Shanahah pointed out that County Manager Derrill has
maintained a collective bargaining, free environment at the County
which has reduced turnover of employ,,s by 7%. He added that Courmty
Manager Domrill has improved the County's overall cash position and
net income/profit and enterprise account by 8.4% over last year. He
noted that Mr. Derrill has contributed significantly to the good of
the County.
Commissioner Hasse commented that Mr. Derrill has accomplished
many impressive Goals and objectives durinG the past year such as the
$983,000 savings resultinG from the hirinG freeze. He spoke very
favorable of the work performed by Mr.
Commissioner Goodnight noted that the county attorney received
&hl~ fiscal yea~ a ~ay-for-p~rformance ]ncreas~ a~md ~ecommended that
the Board of County Commissioners be consistent on this issue.
Commissioner Volpe related that County Manager Derrill ~s one of
the f~nest CEO's that he has had the opportunity to work with. He
pointed out, however, that the County Manager's position Js unique and
does need to be reviewed separately. ~e suggested that the entire
compensation package be reviewed before a percentage pay increase
agreed upon for the County Manager.
Commissioner Saunders cited that the Issue at hand Is not whether
the County Manager has done a good or bad Job, but rather an eva-
]uation of the County Manager's po~ltion and the position the County
157
Page 66
finds itself in at present economically.
June 25, 1991
He suggested that County
Manager Dorrill consider foregoing a pay raise for the 1991-1992
budget year. He explained the reasons for this suggestion are that he
feels the compensation package provided to the County Manager is in
excess of the value of the position for a Collier County Manager and
the message projected from the County Government should be that it ts
going to be as frugal as possible.
County Manager Dotrill explained some of his compensation package.
He noted that he has worked herd as the County Manager and has enjoyed
doing so; however, he argued that he should no! be l'eque~ted to forage,
a pay raise that Is Justly deserved.
Co~t·sionsr Saunders moved, seconded by Commissioner Shanahan and
carried 3/2 (Com~isstoner Goodnight and Commissioner Hasse opposed),
that · 2~ p~y raise be granted to the County Manager for this fiscal
** Deputy Clerk Guevtn replaced Deputy Clerk irrtght at this time **
~SSIOI~R GOODl~IGRT APPOI!~I~D WITH MARTHA SKINNER AS ALTERNATE TO
· ~R~][~I~ ~ I!~l~IN PI~tB~ING ~ROUP ~OR HRS DISTRICT 8 FOR A PERIOD
OF O~l~E~kR THROUGH JUNE, 1992
Commissioner Goodnight communicated she has received a letter from
HRS asking for a representative from Collier County at District 8
interim planning group meetings. She said this group will make recom-
mendations for revisions concerning HRS District 8, and will be in
effect until June, 1992.
~#toner Shanahas m~ved, seconded by Commissioner Volpe and
carried 4/0 (Co-~taalonar Saunders out), to appoint Commissioner
Goodliter with ~rtha Skinner as alternate to 8er~e with the Interim
Plnm~ing. Group for HRS District 8 for a period of one year through
Item ~
RE~TI01[THAT COLLIER COUNTY RETAIN THE SERVICES OF YOUNG, VAN
ASSE~DEHP, VA~NADOE AND BENTON, P.A., TO DEFEND THE COUNTY, IN THE
CASE OF AN AFI~EAL OF THE CODE ENFORCEMENT BOARD~S DECISION REGARDING
THE HOMELESS SHELTER AT THE FIRST ASSEMBLY OF GOD CHURCH - APPROVED
W~.TH NO KXl~VlI~S INCURRED UNTIL/UNLESS AN APPEAL IS FILED
Page 67
' , June 25, 1991
Tom Olliff, Assistant to the County Manager, presented a recommen-
dation to authorize the County to retain the services of Young, Van
Assenderp, Varnadoe and Benton, P.A., to represent the County in the
case that the First Assembly of God Church appeals the Code
Enforcement Board's (CEB) decision to either Circuit Court or Federal
District Court. He said the CEB made its final decision during the
past week, and the First Assembly of God Church homeless shelter was
found guilty on four of five counts they were cited for, including
Zoning Ordinance violations, as well as Building Code and Minimum
Housing Code standards. He advised the County Attorney's Office was
originally by ordinance, representing the CEB, but because of speci-
fic direction provided by the Board of County Commissioners to the
County Attorney's Office, they removed themselves from the case and
could no longer represent either the CEB or County Staff. As a result
of the probable appeal of this case, he said, Staff was advised of the
need of a record at the CEB level to be relied upon, should the case
get appealed. He reported Staff was required within a few days to
obtain legal services and contacted several attorney firms with exper-
tise ~n that area. He asserted Bruce Anderson with Young, Van
Assenderp, Varnadoe and Benton, P.A., was chosen because of his fami-
liarity with the County's zoning ordinances, and his experience as a
previous County Attorney. He concluded with a request to authorize
Staff to execute an agreement with that firm, should its services be
necessary, and only in the case that it is appealed or goes to Federal
Court.
In answer to Commissioner Volpe, Hr. OllIff explained that Mr.
Anderson was retained on an emergency basis because the County had no
legal representation.during the CEB hearing. He said should an appeal
occur within the next 30 day,, the County will he r,quired to prepare
certain legal responses which the County Attorney's Office cannot do,
because they are still unable to represent either Staff or the CEB.
Assistant County Attorney Wilson clarified that the County
Attorney's Office has always represented the CEB and not Staff, since
Page 68
June 25, lg91
its inception. She said this particular situation is very unusual, in
that a motion was filed by the Respondent asking that the CEB have the
County Attorney's Office removed from this case because of a conflict.
She said tn her opinion, the County Attorney's Office did not have an
actual conflict, but State Statute is clear that they are required to
: remove themselves from a situation if there ts even the appea~'ance of
impropriety or representation on the incorrect side.
C~1~.4/1 (Cmt~ioner Volpe optsod), to appoint B~ce ~ders~ of
the rim of Y~, V~ ~s~nde~, Vamadoe ~d Benton, P.A. to rspre-
smt ~ Co~W ~ the event that ~ a~al is filed, ~t that no
~ ~ tnar~ ~tll and unless mn mppeal Is mctumlly filed.
It. ll2
C~ S~ ~R BID ;89-1459 WI~ ANCHOR ENGInERING FOR
~~ ~0~~ AT COLLIER VILLAGE PUD
I~[D IN AN ~ NOT TO EXCEED $10,000 AND STAFF DIRECTED TO
Frank Brutt, Community Development Services Administrator', said
this is a request to increase the contract from $111,000 to $I21,000,
relative to work done in Collier VillaGe in Immokalee. He stated
during the activities for that pro3ect, Anchor Engineering informed
Staff that, because of the difficulties takinG place in the management
and staff in the Immokalee Water and Sewer District, they felt it was
necessary for them to provide additional contract ~ervices for the
supervision of water-sewer Installation and storm drainage. In addi-
tion, he said, it was determined that more supervision was needed for
the roadway, grading and swale construction of the pro3ects. He
advised there were very tight time lines under the Community
Development Block Grant to get the pro3ect completed or lose some of
those funds. He concluded with the recommendation that the contract
be increased in an amount not to exceed $10,000.
>Com~ltssioner Shanahan commented, since the engineerinG firm
approved the contractor bid, perhaps they should absorb some o~ all of
the additional expense.
Page 69
June 25, ~99~
Mr. Brutt stated Anchor Engineering based their fees on the fact
that the Immokalee Water and Sewer D~strict was to have adequate and
qualif~ed supervision for the inspections.
In response to Commissioner Shanahah, Mr. Brutt sa~d his recommen-
dat/on is to accept the factual Information and increase the contract
with funding from the Community Development Block Grant and the Pocket
of Poverty Grant.
County Manager Dotrill suggested that Staff pursue reimbursement
from the Immokalee Water and Sewer District.
Lois Loeber with the Taxpayers' Action Group asked if there is a
dollar amount limit for an ~tem to be placed on the consent agenda, to
which Commissioner Saunders responded there is he,
Mrs. Losbet asked the Board to consider placing a limit on those
items approved through the consent agenda. She recommended with
regard to this item, that the engineering firm or the company that
bonded the contractors, be required to pay the additional $10,000.
Mr. Brutt reported inspection of that utility was to have been
done by Immokalee Water and Sewer Distr~ct, however, they lost the]r
mana~erial staff and did not have the competent staff to do the
inspections ~n a timely manner which needed to be done in order to
keep the pro3ect moving.
Commissioner Volpe asked ~f the County requested the engineering
firm to do the on-site construction supervision, to which Mr. Brutt
replied Staff agreed with Anchor EnGineer]ng's su§gest]on that,
becaus~ they were on-site, they become the inspector for the project.
Co~sm~oner ~mr~ahan moved, seconded by Commissioner Volpe and
cmrr~e4 unanimously, to approve the ~ncresss ~n the contract sum for
Bld~9-~459, and to pursue I~mokalee Water and Sewer Dtstrtct for
Page 70
3une 25, 1991
LlCE$~J~ AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL
T]~ $T&TE OF FLORID&, AND ISLAND NARINA, INCORPORATED,
CORPOI~TION, APFROV~NG THE USE OF COUNTY-~D PROPERTY FOR
OFF LOADING, F~N&L ASSI~rBLY AND STORAGE OF
PRE-~,~ DOAT DOCKS - APFROVED IN THE AMOUNT OF
Sandra Taylor, Real Property Director, presented a recommendation
to approve and execute a Limited Use License Agreement between Collier
County and Island Marina, Incorporated, approving the use of County-
owned property known as the Conkltn site. She said Island Marina will
use the Conklin site for approximately one month in exchange for ser-
vices to include trash collection, clean up and mowing of the site.
County Manager Dotrill explained a contractor is delivering a
number of floating docks, and they need the ability to off load the
docks from a trailer into the water. In return, he said, there ts an
accumulation of old construction rubble and we.ds ~n the County site
that he has offered to clean up and mow.
Commissioner Shanahah asked why no fees are being charged for the
use of public property by a profit making corporation?
Commissioner Volpe asked If a value has been placed on the ser-
vices to be performed In return for the use of that property?
Ms. Taylor advised the fair market value for use of the Conkltn
site, due to the nature of the use and the limited period of time, ts
$10 and any other valuable consideration that can be negotiated. She
said that information has been verified with two local appraisers.
Pat Ptlcher with the Taxpayel's' Action Group and represent
V&ndlrbl~t Beach Property Owners AssOciation, .t,~t,.,' fL,- Cm~nty
purchased this piece of property for more than $2-m.illton with the
Intent of giving North Naples a boat ramp. Since that has not yet
occurred she questioned why the County is not receiving any remunera-
tion from this profit making organization building next door?
Don Pickworth, representing Island Marina, Incorporated, stated
his client Is proposing to use County property for five days during a
30-day period because of on-going construction on the marina site. He
said that will rosult In a convenience fo~' hi. cll.r~! while cle~nlnU
Page 71
June 25, 399~
up the County site In return.
Commissioner Volpe commented the only issue is whether the County
is being paid fairly for use of public property.
Murdo Smith, Acting Parks and Recreation Director, indicated the
cost of cleaning and mowing the property would approximate $250-300.
In response to Commissioner Volpe, Mr. Pickworth agreed to pay the
County $1,000 for the use of the Conkiln site.
Conunisstoner GoodniGht asked if Mr. Pickworth's client will also
clean and mow the site, to which he agreed.
Comm~tms~onm~ HUme ~v~d, meconded b~ Commissioner Saunders and
cmx~'Aed ~~ly, to m~r~e m L~m~ed Use License A~eement in the
~T of $1,000 ~en CollieF Co~ ~d Isl~d Marina,
Inco~rat~, m~r~tng the ~e of Co~W-~ed properW fo~ the ~r-
~ of off lo~dtng, ftnal ass~b~y ~d s~orag~ of pre-cons~c~ed
~t ~ ~ l~l~d ~rln~. Inco~ra~, ~o clean ~d ~ ~he
****NOTE: PETITIONERS DECIDED NOT USE THE PROPERTY AS PRL~;IOUSLY
REQUESTED. AGREEMENT HAS BEEN RENDERED VOID****
Page 72
June 25, 1991
Ztmm--~B~l
COUNTY PURCHASING PRACTZCgS - COUIfl~ MANAGER'S
County Manager Dorrtll reported in his review of purchasing prac-
tices, the Purchasing Department does a very good Job, however, In his
opinion, some practices can be improved upon. He said after having
personally reviewed over 1,000 field and full purchase orders, he has
come to the conclusion that the current $500 limit needs to oe re-
examined, although the average field purchase order for the past two
years is $150. He noted the Intent behind fte]d purcha~- orders IB t'r~
limit the amount of clerical steps necessary to haw~ an efficient pro-
cessing and check and balance system of County funds. He stated fuji
purchase orders require two additional steps and there are some
instances, i.e., routine travel, which should not have to incur those
addit~onal steps. He suggested that field orders be limited to $300
and also recommended that field purchases be restricted to those most
accountable from a management standpoint. He advised his third recom-
mendation ks to maximize the extent to which the County has annual
agreements in order to limit purchases to a single vendor at a pre-
determined price.
County Manager Dorr~11 stated the next Item is, from his perspec-
t~vm,'the most Inflammatory. ~e said for items such as cellular
telephones, refrigerators and fax machines which from the pub]~c's
perception may not be absolutely necessary, he is proposing they be
purchased only upon written approval of the County Manager, although
he has found no abuse regarding discretionary purchases.
County Manager Dorr~11 mentioned his final recommendation with
regard to field purchases is to require an explanation on field
purchase order forms of the need for the materials being purchased.
County Manager Domrill continued, stating that special events is
another area easily mtsportrayed in the med~a. He said special events
range from Heritage Days and Indian Days at the County Museum to the
Easter E~g Pageant and after school programs at County parks for latch
00o
Page 73
June 25, 1991
key children. ~Ie stated when citizens read that party supplies, food
and cakes are being purchased with public funds, there is always con-
corn. He noted this may be a policy issue for the Board. He said
Collier County for years has sponsored special events and received
either partial or full reimbursement for many special event purchases.
County Manager Dotrill also suggested that the Board review the
extent to which employees in professional positions are entitled to
memberships paid with County funds.
Commissioner Shanahan recommended that professional dues paid by
the County be limited to senior management personnel and those pro-
fesslonal positions required to be licensed.
County Manager Dorrfll admitted that in the area of plants and
bottled water, the original intent has been exceeded. He said while
the original intent of havtng plants in lobbies, foyers and entrances
to buildings was good, the subsequent purchase or rental of plants
· within offices exceeds the extent to which the public is benefited.
He suggested those expenses be eliminated with the exception of plant
maintenance contracts for publlc entrances and foyers.
Commissioner Volpe suggested that County employees be utilized for
plant maintenance.
County Manager Dorr~ll continued that the same situation exists
w~th regard to bottled water. He suggested there is no need for
bottled water on every floor of each bufldtng, however, it is
appropriate to continue that servtce at the County landfill since
there Is no other source of potable water available.
County Manager Dotrill next mentioned vehicular purchases. He
~aJd th~s is an area where the County has done an exceptional Job
because Collier County Is paying on average the same cost in 1991 as
was pald In 1988.
''' l)eput-/Clerk lloffman replaced Deputy Clerk ~uevin at this tim '''
County Manager Dotrill remarked that as opposed to having a one
year bid, a series of three one year agreements are provlded for
vehicle and fleet purchases. He Indicated that he belleves that the
Page
June 25, 1991
annual budgeted fleet purchases should be acknowledged by the
Commission tn publtc session stnce these are approximately $250,000.
He suggested that the annual purchase agreement be placed on a Board
of County Commissioners agenda for discussion in open session.
Commissioner Shanahen stated that he has heard many times that if
there was one individual handling fleet purchases alone, it would pay
for that salary several times over.
Commissioner Volpe questioned why last year's management letter
from the audftor did not address field purchase orders.
Finance Director Yonkosky replied that purchases were bought in
compliance with the Board's purchasing policy and therefore, there
would be no need to address same for a lapse of the Board's control.
County Manager Dotrill disclosed that there are two current vacan-
cies in Purchasing as a result of the hiring freeze in an effort to
save money in the General Fund. He explained that If the number of
purchase orders are doubled or tripled and need to be processed by
employees, he will need to evaluate whether the evaluation of purchase
orders or the htrtng freeze are more Important, and perhaps addltlonal
posit~ons, depending on the volume of work that needs to be done on a
dally, weekly and annual basis.
Mr. Dick Loeber stated that his impression of the term "field
purchase" indicates a person out in the field that requires a couple
of washers or a piece of pipe and not having to go back to home base
to pick up these small Items. He remarked that large businesses have
· a central purchasing department and the various departments routinely
~J.." requisition supplies. ~[~
County Manager Dotrill advised that the County does not have a
large central supply department. He explained that Butldlng "W" is
the warehouse comprised of less than 1,000 square feet and a very
small inventory Is maintained. He noted that the County has a series
of annual agreements and contracts for goods and services which can be
delivered on a single day's notice. He stated that field purchase
000 175
Page 75
$un~ 25, 1991
~1orders are issued for thlngs that are not maintained on County pro-
i'. perry.
~:;[. Mr. Losbet suggested that the Commission consider changing the
~.:..:,-. ¢ounty's purchasing procedure and limit field purchases to $50 for
those persons out in the field.
" Commissioner Shanahah stated that field purchase orders have been
~;' a problem for every county in America from day one, noting that they
are misused, abused and results in a situation that needs to be
controlled. He declared that central purchaslng makes a lot of sense.
Clerk Giles revealed that he believes that County Manager
Porrtll's counter proposal to 1tmft field purchases to $300 is a Good
balance. He disclosed that considering Inflation and administrative
costs, field purchases are generally tn the $300-$500 range for VCR's
and TV's, etc.
Assistant County Manager McLemore pointed out that one reason
governmental entlttes have moved toward annual contr~ct~ is due to
pilferage problems in the warehouses.
Mr. Fred Tarrant, speaking for the Taxpayers' Action Group
remarked that 180+ people having open field orders As an invitation to
waste and steal.
Mr. JAm McGrath suggested that the County utllfze artificial
plants in lieu of spending $11,500 for maintaining plants.
In answer to Commissioner Volpe, Mr. Camell reported that a field
purchase order is a decentralized mechanism for allowInG departments
tO make purchases within their own internal control mechanisms. He
explained that field purchase orders allow for the purchase of goods
and services less than $500, however many of these services and goods
are the product of the competition.
Commissioner Goodnight stated that she would like to see Mr.
Carnell provide back up material regarding field purchase orders at a
regular Board meeting tn August or September so that the Commission
could review policies and move forward with impllcatlng several of the
things that the Manager has mentioned today.
000 176
Page 76
June 25,
Saunders disclosed that he believes that the reason
the auditors have never said anything about the field purchase
arrangement Is because there has been no abuse in this regard. He
stated that the Manager has offered five recommendations which would
improve the process.
' C~IItSeioner Sim~ders moved, seconded by Co~lisstoner Shanaban ind
cl~rte4 ~lntIOUll¥, that the Manager implement the five recommen-
4attoni, r~ort back to the Commission the manner in which the process
~S ~ t~htened up and limiting the people having access to same,
i~:c~. ~nd z'e~ci~g thI limit to 8300.
Mr, Camell advised that setting a $300 limit and using centra-
~.~' lized contracts will be adding administrative time to purchases bet-
ween ,$300-$500 and additional costs will be required to control this.
--COII"JIIW:-&~II)a ITemS, BUDGET ~ AND EM~RGKNCY ITEMS DURING THE
~"'~' ....IOI~I'IUlIlI~ I~CE~S - TO B~ JOINTLY APPROVED BY COUNTY MANAGER Alii)
County Manager Dotrill revealed that there is a Consent AOenda
Policy, adopted by the Board, for those items that cannot wait while
~..'.:thI"Co~lIslon Is on summer raceres. He point,d out that there are
certain administrative and legal approvals that the County Commission
allows the County Manager to authorize on behalf of the Board and upon
return from summer recess, a list Is presented for the pertinent
items, He indicated that a great deal of prudence Is used during that
time since the Commission confirms after-the-fact approval.
~ii' ' County Manager Dotrill explained that there are some things that
he is unable to do but this ts consistent with what the Board has done
for the pamt ~ ~e.~:"~.
.Commissioner Volpe suggested that perhaps it would be appropriate
have:a member of the Board sign off Jointly on the various consent
items,'-
Mr,:Loeber suggested that the Chairman, Vice-Chairman, or In their
absence, any other Board member sign off on these Items.
COII~lI~O~Ir ~I~lhan moved, seconded by Commissioner Hasse and
I 00o i77
Page
3une 25, 1991
carried 4/! (Coulaalonar Saunders opposed), to authoriza the County
Manager to approve the consent agenda items Jointly with Commissioner
&MEN~I~NT ~ N~ ~CLING RESO~CES C0~CT T0 INCLUDE
~ ~-~LE ~SE SE~GA~ ~ C0~U~ION/D~OLITION
Solid Waste Management Director Fahey announced that thiu is a
proposed amendment to a contract with a local firm to do recyclinG of
construction dmmolltlon debris at the [,andfill. He recalled that 1988
Legislation established a 30~ recycling rate to be achieved by 1994
and in order to effect this goal, bids were received for the pro-
cessing of three different materia]s at the Landfill: construction
demolition debris, biomass and tires. He indlcat'ed that these bids
were taken prior to the beginning of th]s fiscal year and con-
sequently, prices were adjusted tn October to reflect the cost of the
work that must be done.
Mr. Fahey explained that the cost for tires increased from $18 to
$66 per ton: biomass $6 to $18 per ton; and construction demolition
debris (C&D) $18 to $22 per ton. He note(] that 86,356 tons of C&D
have been assumed this year and immediately upon receipt at the
Landfill, approximately lO~ of that material is d~rected for d~sposal
into the lined cell since the material ~s no[ very recyc]ab]e. He
~ndlcated that the efforts to segregate the mater~a] results in three
categories of waste: recyclable mater~a]; trash/non-recyclable: and
processed wood.
Mr. Fahey suggested that the expense for segregating the material
to produce the separate wood pile and the trash which is non-
recyclab/e be reimbursed to the vendor out of the monies that are
received at the gate. He recommended that the contract be amended so
that the contractor can receive the $4 dlff,rentla] fear his ~fforts to
segregate the materials to allow for proper dlsposlt.[on and pro-
cessln~.
3une :25, 1991
carried 4/0 (Commissioner Huse out of the room), to amend the Naples
R~ources contract to Include an adjustment for non-recyclable refuse
segregated fro~ constructlon/deeolltton debris.
Pa~e 79
3une 25, 1991
_STAF~.:.D'J:~'"TED TO ~ O~IN~CKS RK~TI~ TO B~ A~ITIKS IN
Assistant to the County Manager Olliff advised that this item is a
!..,..request for policy direction regarding beach related ordinances.
· ' Mr. Todd Herbs, Operator of the Food and Beverage Concession at
Tigertall Beach, voiced support of am~,,n¢llng or¢]In;,ncf:s to allow a
beverage cart service at Tigertall. He stated that he purchased a
~'golf.¢art and an ice machine at a cost of $7,000 only after being
i~'~ ~ass%lred by the Parks & Recreation Department that the cart would be
able.to operate.
1-?:' .' Mr.'Herbs advised that upon winning the bid, the County agreed to
': a sttpulatlon which specifically allows a beverage (:art service. He
noted that the cart is used for other purposes aside from selling soft
~:.' drinks: ~ litter and debris is picked up daily from the beach; and
~.: transportation for the handicapped to get from the end of the board-
walk to the water.
;;'.-*Mr; Herbs stated that there is a financial benefit to him and the
County from every item sold off the golf cart, riotinG that the County
receives 22.§~ of the gross dollar amount. He indicated that the cart
has a definite promotional value for the concession since many visi-
tors to the beach are unaware that the concession is there. He
related that the cart does not harm the environment in any manner and
the-top speed of same is 12 mph as opposed to ATV's on the beach.
Mr. Herbs disclosed that the cart operated for several weeks
until Compliance Services advised that it must cease and desist and
i: . during that period, hundreds of comments were received in support of
'~ · the cart, He stated that a previous concessionaire at Tigertail was
~,allowed.to operate a cart service under the Parks & Recreation permit
endS the Queens Restaurant at the Marriott Hotel has been selling alco-
? hol from their cart for years with no bensf i% 1. o the County.
~. '. Mr. Herbs requested that the Commission direct staff to amend the
[nent ordinances and to grant temporary pe~mlsston for the cart to
Page 80
June 26, 1991
be operated until the matter has been ]eually resolved.
,/i. >~"Acting Parks and Recreation Director Smith revealed that the p~lor
"i~- vendor did operate a cart on the beach. He noted that Mr. Herbs'
contract does not specifically provide that he may utilize a Golf
.raFt, .however, staff has no objections but County and State authoriza-
tion must be granted through a permit.
Because of the lateness of the day, it was the consensus of the
"Commission to recess until 9:00 A.M June 26, at which time direction
~'~.:,~'wlll'be provided In this mabter.
see Rece~aed: 9:45 P.M. - Reconvsned: 9:00 A.M., June 26, 1991 at
which tt~e Deputy Clerk 0uevtn replaced Deputy Clerk Hoffman ...
· Tape. ~1
...' 'Commissioner Volpe asked If any recommendations have been received
from the Parks and Recreation Advisory Board regarding amending the
ordinance?
· .Tom'Olliff Assistant to the County Manager, indicated in the
negative because of the timing of this issue. He explained the
three-County ordinances dealing with beach activities have conflicts
.~%~*" between them. He said Staff is seeking policy direction with regard
i to the ktnd~ of activities amonont thor,,~ r, rrll,,~,r,ce,~ th,~ Br,a~d ~anlrt
and on what types of beaches. He noted a particular issue is allowing
carts or vehicles on the beach either as part of the concessionaire on
~" Tigertall, or as part of some of the major hotels on Marco Island who
i~wtsh~to serve drinks on the beach He stated the vehicle on the beach
?~*'ordtnance allows only for vehicles of an environmental or maintenance
~ature, therefore, there ~s r~o cuerent prr,uIsJor! fr,r' a p~mlt for
vehicles to serve drinks to the public. He said the question before
the Board is whether that Is an activity the Board wants to occur in
i~:i,i! Collier County, whether to restrict that activil:y t'o public, public
' and commercial type of zoning beaches or all beaches.
j.'ii?.~.Commissloner Shanahah commented that activity s~hou]d be i'estrlcted
as much as possible. He said the use of carts should be tJ~] to a
vendor, specifically to be allowed on beach property and controls
000.,, 184
Page 81
' '. June 26, 1991
be placed in order to avoid an unhealthy situation for the
'.beach.
~/'"~.'...Commtssloner Saunders que~tioned if an ord.tnance is adopted
allowtrig that activity only on Collter County park areas, will the
County Attorney's Office be able to draft language to avoid equal pro-
.~eCtlOn arguments from hotels, to which Assistant County Attorney
· t[Weigel responded in the affirmative.
Commissioner VolDe asked ]f tb,ere ]~ ,~ uubllr; ~,~,~,! f~r' tl, l~ typ,
of activity? Mr. Olltff replied that both hotels on Marco Island and
[:;~h~/'conceesionaire at Tigertall Beach say it is the most popular beach
activity.
'Commissioner Volpe suggested that there may be the need for this
activity at Lely Barefoot Beach, whlch is three ml.les in length.
Commissioner Hasse inquired if there is a restriction in place
regarding alcoholic beverages on the beach beyond the high water mark?
,:"~.( ,Assistant County Attorney Weige] adv]~ed th, or~]y County re~trlc-
tion is no alcohol is allowed in the park beach areas, but there is no
general restriction.
'~iiii..:~:Mr. Olliff reported no carts are delivering alcohol on County
beaches. He said the two private hotels do so on thetr own private
property.
.::' ':: :" Commissioner Saunders moved, seconded by Commissioner Shanaban and
carried unanimously, to direct Staff to prepare the amendment to the
ordinance to permit the use of beverage carts on County park beaches
onl¥;:.an~ the concessionaire at Tigertall Beach be given the oppor-
tunlt~/.to operate a cart during the hours that Tigertail Beach is
op~n'N ~ test perlod until the amendment ls brought before the Board.
Commissioner Volpe suggested that Staff obtain input from the
Parksand Recreation Advisory Board on this issue.
BID N0.':91-1716 FOR AIRPORT-PULLING ROAD PHASE I MEDIAN LANDSCAPING
IMPROVEMENTS - AWARDED TO SUNNYGROVE LANDSCAPING, INC., IN THE AMOUNT
OF $110,99~.75, AND STAFF TO APPROACH AREA BUSINESSES FOR
C0NTRIB~TIONS
Transportation Services Administrator Archibald reported this item
involves a proposed contract to undertake the landscap,n§ improvements
000 , , 185
June 26, 1991
to a segment of Airport Road. He said this portion of the contract is
not funded through gas tax funds or impact fees, rather, it is funded
through the County-wide one mill capital fund. He said based upon the
low bid submitted by SunnyGrove Landscaping, Inc., Staff is recommen-
ding that firm be awarded the contract, and also include a provision
to allow Staff to take advantage of a bid alternate. He stated the
bid package included some bid alternate items that Involve primarJly
irrigation lines. He said the advantage is if Staff has the option to
use different types of material, the cost may be r,duced, or
larger conduits that would serve dual purposes. He advised the low
base bid is $90,871.75, which represents the irrigation and
landscaping for approximately 2,1OO feet of six maJoz' median areas.
He noted the bid alternate in the amount of $20,125 addresses a series
of optional conduits that can be considered.
In answer to Oommissioner Volpe, Mr. Archibald agreed that part of
the conduits are in place as part of the six-]aning design, howeveT,
those that will bring in power were not provided for as part of the
construction contract, because no damage or reconstruction occurred
to the existing four lanes of Airport Road during the road project.
Commissioner Volpe inquired if, under the Adopt-A-Road Program,
;iny of the businesses that have adopted that segment of Airport Road
may be willing to contribute plant material?
Transportation Services Administrator Archibald mentioned Staff is
in the process of revising some of the requirements of the
Adopt-A-Road Program. He said some of the deficiencies in that
program involve State guide]ine requirements of only hauJnU ]~tter
picked up roughly once per quarter. He advised Staff is establishing
policies which are mo~e restrict~ve, and they can also ask that
cants for the Adopt-A-Road program consider such improvements. In
addition, he said, some of the adjacent property owners have been con-
tacted.
County Manager Dotrill sa~'d a letter can be sent to property
owners along Alrport Road and advise them of this beautification pro-
June 26, 1991
Ject and ask for their contributions.
Commissioner Shanahen moved, seconded by Commissioner Hesse and
carried unanimously, to award Bid No. 91-1716 to SunnyGrove
Lancl~cmping, Inc., in.the amount of $110,996.75 and Staff directed to
discuss potential contributions toward the project from area bus/-
neesee mnd the Chamber of Commerce.
Item ,9B2
FLORIDA DEPARTMENT OF COMMERCE GRANT APPLICATION FOR ROAD IMPROVEMENTS
RELATED TO THK FROPOSED BASEBALL SPORTS PARK - APPROVED SUBJECT TO
STIPULATIONS
Mr. Archibald stated this item Involves notice received by County
Manager Dotrill from the Department of Commerce that Collier County's
proposed baseball complex may be ellgtb]~ for grout funds. He said
Staff has drafted an application from Collier County to the Department
of Commerce for ~hetr consideration regarding the access road to the
proposed baseball sports park and the County recreational complex. He
reported the application is the first step in the lengthy process of
attemptinG to gain $1.75-mi]lion in State fundinG. He said one of the
requirements is the creation of jobs as a result of the project, aud
another Js that the County will alsr) be contr~but]r~g funds. He
advised the County will be expendins funds fo~ des~n, permitting and
acquiring rights-of-way fo~ the pro3ect.
Commissioner Shanahan pointed out the number of new 3ohs to be
created from this project, as shown on the application, ~s not
realistic. He also questioned the per capita income shown on the
appllc~tion.
Mr. Archibald asserted the per capita figures were on a prior
application that addressed the rural area of Collier County and will
have to be revised. With regard to new jobs0 he ga|d tt ~s lmpr~rtant
to realize that benefits to the community will accrue off-site, and
Staff has attempted to outline the full-time jobs both on and off-
site, and also tried to demonstrate to the Greatest degree p,]s~ible
that this project is economically very important to the area.
O~ssioner Shanahen moved, seconded by Oommissioner Masse and
000 , 187
Page 84
June 26, 199!
carriedunanl~usl¥, to approve the Florida Department of Commerce
Grant &Ppllcaiton and direct Staff to process the application subject
to the noted stipulations.
***NOTE:APPLICATION NOT PROVIDED TO CLERX TO BOARD OFFICE***
188
June 26, 1991
Item ,gD1
NOTICZ TO CONNECT TO EAST AND SOUTH NAPLES SEWER FACILITIES - APPROVED
AND BUILDINO PERMIT FEE REDUCED TO ~30
Fred Bloetscher, Assistant Utilities Administrator, explained the
County is now in the position to begin sending notices to res]dents to
connect to the East and South Naples sewer facilities. He ~.td the
seven-year firmantillO Is In place, and two contracts are substantially
complete with large sections of the other three aisc ready. He pro-
posed that Staff begin sending out 100-200 notices every 10 days for
the next six months to keep the workload manageable.
Mr. Bloetscher mentioned a related issue is previous discussion by
the Board regarding a possible reduction ~n the plumbing inspection
fee. He noted this pro3ect may put a strain on the plumbing inspec-
tor, and Development $~rv~ces ~s requesting the addition of a tem-
porary inspector to handle this project of 6,000 co~]~ct.]on~ in
next six to nine months.
Commissioner Volpe questioned if the County will provide a pre-
approved list of people to do the connections7
County Manager Dotrill replied when the Marco Phase I and II
sewers were tied in several years ago, the County provided a suggested
list and apprnxlm~]te pric~s per llnea] foot. H,~ s~i,] that was done at
the request of some of the civic organizations to protect against
price gauging. He suggested for this pro3ect that, through the
Contractors Association, the County solicit plumbers who would agree
to make the installations at a set price per lineal foot ~n order that
the public know what an expected cost will be.
Heywood Boyce, Compliance Services Manager, indicated a ]~st has
been prepared of State certified and Collier County competency card
holders for master plumbers authorized to do th~ wo~.
In re~por,~e to Comml~tu[,er Volp~, Mz', B,)yce indicated it may
appropriate to consider a 10-20~ discount based on the volume of per-
mits associated with this project, however, there is a cost associated
with the temporary employee being requested.
Page ~6
June 26, I991
Commissioner Shanahah commented the most complaints he has
received have been about the inspection costs. He said people feel
the County insists a licensed master plumber do the connections, and
then charges for inspectinG that l~censed plumber. He repelfred there
are many unhappy people who are having a difficult time meeting all
these obligations and will be hard pressed to pay these costly. He
indicated he wants to be fair and take ~nto consideration the economic
condit~on of many people ~nvolved ~n this situation.
Mr. Boyce advised that all licensed master plumbers do not always
do the Job themselves. He referred to a portfon of the proposed
letter to the homeowner which authorizes the owner to do the ma3or~tY
of the p~pelfne, stating It Is very important when connecting to a
utility system, to give that work the full,~ ]n~£,,~c[lon po~s[I)],. H~,
added the fnspectton fee may be reduced to $30 from $42.
' Commissioner Hesse asked if the County will Inspect the septic
system abandonment at the same time? Mr. Bo¥ce advised septic tank
abandonment ks covered by State law through HRS, and Collier County
Building Code does not cover that Inspection because it Is redundant
to the State's requirement.
In answer to Commissioner ~asse, Mr. Boyce replied that the State
does not have the manpowe~ to do the inspections. He said after
lengthy d~scuss]ons w~th HRS, their feelinG ]s that a septic tank
dratnf~eld ~n operation is far more of a health hazard than one that
has been abandoned.
Commissionem Saunders mentioned the ~mpact fees for various struc-
tures as stated fn the proposed lette~ are unclear. He also suggested
the Introduction to the letter be made more friendly.
Commissioner Volpe recommended that the buf]dln~ permit fee be
reduced to $30, adding that homeowners should be advised of the ~educ-
tion.
Mr. Boyce ind~cated the servfce can be provided for $~0.
Mr. Boyce next explained the need for an additional temporary
employee to handle the on-site inspections. He said ~5 quality
Page 87
Suns 26, 199I
'inspections can be done by one person each day, however, County
:!..'.Anspectors have been sustaining 32 inspections per man per day for a
period. He advised thts project will demand between 20 and
:~, 40 inspectfons each day.
:(',~.' i.¢onmtsstoner Shanahah asked what costs will be incurred to hire
~h~:~mmporary employee, to which Mr. Boyca replied that even at a
reduced rate, $68,000 can be generated In this n{n.~ month period to
cover the costs of salaries and other requirements, such as a rental
~'~:~.H~ estimated that a rnt.ir.d m.~ter plumb. v c,~n be hired
k:Jto $20 per hour.
Commissioner Saunders suggested the work be done in-house with
extra help hired if necessary.
Co~a~laaloner Volpe moved, seconded by Commissioner Saunders and
cartled un~nl~ouely, to approve sending to homeowners notAces to con-
'nect(to:the last a~d South Naples sewer project, and that the bulldAng
:~-?::' per~it.:,b~' reduced to 830.
Xtu- ~9D$
co rrrNa CORPSe?tON APPRov n AS UTrr. W Srr. SOftWARe-
Mr. Bloetscher explained the Productivity Committee has recom-
mended that the Utility computer system, rather than maintaining a
'~"i(.'...8tand-alone system, should merge with the Clerk's system. He said
Staff has reviewed a number of software vendors ~n order to make the
conversion from the current IBM System 38 to either the Clerk or
~;. County:Manager system. He conclud~,d with Sta£f'~ r,~,commendat Ion that
Network Computing Corporation be selected as the preferred vendor to
purchase approximately $60,000 In softwar...
~?..~ .Inanswer to Commissioner Volpe, Mr. B]oet'sch~.r r,p]led thin
pllrchase is for software to convert the Utility system to the system
betn{~ ut:ilized by the rest of thr~ County.
Ron Cook, Utilities Finance Dfrector, said thls is a package
already. developed that will take care of bllling, cash payment~ and
· everything involved in operating a t;ttlltles syst,m. He a,]vJ~,ed that
June 26, 1991
five packages were reviewed and were narrow.d ,]r)w[I [o tWO,
which would have fulfilled the needs. He said the system proposed
complete and all that ks necessary ]s to migrate [h,? flies f~om the
IBM System 38 over to a Digital system.
Commissioner Volpe questioned if it is premature to purchase this
billing system for $60,000 when the County Js almost at a point where,
within the next six months, there will be a utility fee and a blllJng
mechanism? He asked if this software has the ability to pick up that
aspect7
Pat Hanifin, Data Processtng/MIS Dir.ctor, .xr,]a~ned th[~ product
has the ability %o provide services for Utility billing, stormwater
franchise fees and any other utility typ~ fees. He said this applica-
tion can handle as many as 99 services.
Mr. Cook continued, stating this is Phase I of a two-phase pro-
~ect. He said Staff w~11 present another request for purchase of
additional equipment for th~s software package to run on which will be
housed on the computer in the Clerk's MIS Department.
In response to Commtsslone~ VolDe, Mr. Cook sat(! that equ~pmen~
will cost approximately $140,000.
Clerk Giles c¢~mmun]cat-¢1 the current Utl]it'¥ system has been
outgrown, and the prelim~nary cost to upgrade ~t to a larger system
will be $~75,000 Just for the hardware.
In answer to Commissioner Shanahah, Mr. Cook advised when the
budget was prepared for FY91, funds were included for this expen-
diture, however, tt was requested that this request be removed and
come back to th[~ Board at such time the Utlllty Department was runn~nG
out of space on the IBM System 38. He noted the system ts currently
at 5~ and the East and South Naples sewer project will cause a major
Finance Director Yonkosky reported the funds are in the Utilities
~eserve for contingenc~es fund.
Coll~ls~oner Sh~an moved, seconded by Commissioner Hesse and
CaL~ed UnaLnl~.~usl~, to approve the select,on of Ne~o~k Comating
Page 89
,.Tuns 26, 1991
Corpox~tton u the Utility billing aoftware vendor in an amount not to
&l~,[~]lI:~l~:~ NO. 2 TO THE EFFLUENT IRRIGATION AGREEMENT WITH ROYAL PALM
COON"I'I~ CT, UB OF NAPT.,ES, INC. - APPROVED
Mr. Bloetscher explained this item was removed from the consent
agenda because, originally, the exhibits were not attached. He said a
question has also arisen regarding reimbursement.
Assistant County Attorney Richard Yovanovtch reported a question
came Up whether it would be valid to provide services to a golf club
and seek reimbursement from them. He said the purpose of this
agreement is to relocate the tank site off the golf course. He Indi-
cated he has contacted the golf club and worked out an arrangement
that they will deposit the money in an interest bearing account with
the County for the construction and engineering costs to relocate the
Co~dssioner Volpe moved, seconded by Conuatsstoner Saunders and
c~ri~d unanimously, to approve Amendment No. 2 to the Effluent
Irrigation Agreement with Royal Palm Country Club of Naples, Inc.
Page 90
June 26, 1991
Item~D~
NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER
IMPACT FEE BETWEEN WINDSOR PARK PROPERTIES 4 AND WINDSOR PARK
PROPERTIES 5 AND THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICI0 THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT - APPROVED
Assistant County Attorney Yovanovich reported this item, along
with Item #9D6 are basically the same issue. He said Windsor Park
Limited Partnership approached the County to finance the impact fees
for Southwinds Mobile Home Park on Radio Road. He advised having been
contacted by Windsor Park, because the due on sale clause contained in
the Count¥'s standard agreement would cause a hardship on the tenants
if the partnership sold the park. He said they req.uested the clause
be eliminated from this agreement. He reported, in lieu of omitting
that clause, he recommended to them that the County provide a letter
saying the due on sale clause will not be enforced provided the
purchaser of the park agreed to be bound by the terms and conditions
of the clause, in particular, that they would pass through the bene-
fits of the additional financing to the tenants. He said they have
agreed the letter will suffice.
Commissioner Saunders moved, seconded by Commissioner Hasse and
carried unanimously, to approve the Notice of Promise to Pay and
A~reement to Extend Payment of Sewer Impact Fee between Windsor Park
l~roperties 4 and Windsor Park Properties 5 and the Board of 0cunt¥
Page 91
June 26, 1991
NOTI~ OF P~OMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWI~R
IMPACT F~E BETWEEN WINDSOR PARK PROPERTIES 4 AND WINDSOR PARK
PROPERTIES 5 AND THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS T~E G(IVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTYWATER-SEWER DISTRICT - APPROVED
Dlscusslon of this item was heard ~n conjunction with Item #9D5.
Co~jssJcrnar Saunders moved, seconded by Commissioner Hasse and
carried unanimonsly, to approve the notJce of Promise to Pay and
A~raemnt to Extend Payment of Sewer Impact Fee between Windsor Park
PTopertJes 4 and Windsor Park Properties 5 and the Board of County
Commissioners.
00o 203
Page 92
3une 26, 1991
Item
WAIVEI~ OF THE COUNTY'S FORMAL COMPETITIVE SEALED BID PROCESS FOR THE
PUR~HASl OF UNIFORM~ FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT ON
THE BASIS OF FORMAL QUOTATIONS - APPROVED IN AN AMOUNT NOT TO EXCEED
s, 0o
Jay Reardon, Emergency Servfces Administrator, requested that the
Board increase the level of a purchase order for uniforms, from the
current estimate of $6,400.
John Keschl asked if Collier County companies were called for pri-
Ces?, Mr. Reardon responded that he is not sure If Martin's Uniform Is
a local buslness, however, Collier County ha~ b-,n d¢~ln~; buslnesm wit].
them for yea~s.
Mr. Keachl suggested that local companies be 91yen an opportunity
within the process of competition.
In answer to County Manager Dotrill, Mr. Reardon replied Martin's
Uniform provided the lowest quote.
C~isstoner Sh~ moved, seconded by Co~isstoner Saunders ~d
=~rl~ ~l~sly, to waive the County's formal competitive bid pro-
case for the ~rchase of ~tformo for the Emergency Medical Services
~mr~t ~ the bas~s of for~l ~otat~ons ~ncreas~ng the curren~
~c~. order to $8,500.
WA~ 0F OO~ETITI~ BID ~OOESS FOR ~E SOLE SO~CE EXPEditE OF
C~CATION$ ~AIR ~ ~I~CE ON ~GEN~ C0~ICATIONS
EQUI~ FOR ~ COX'S ~RG~ ~DICAL SERVICES DEP~~ -
A~ IN ~ ~0~ NOT TO EXCEED $12,000 A~ STAFF TO USE NAPLES
~ WAY ~I0 ~R ALL NQN.,~RGENCY/WA~ WORK
for mobile hand-held pagers for Emergency Medical Services. He said
advised that his department is required, under the Advanced Life
Support Llcensure with the State, to maintain radios and have the
capability so that no ambulance Is operating without a radio at any
point in time. He added that most of the equipment assigned to opera-
tional units is Motorola by design. He said the question then arises,
who Is the authorized agent for the equipment? He said certainly
Page 93
$une 26, 1991
Motorola is and local vendors are not. He mentioned phone quotes were
~.. received for these items from five local vendors asking to provide the
~ervice. 1{~ ~dvi~.d that Mntornl~ Ir~ th. merit .xl~onnlv.,
they are the only authorized agent, and they also provide 24-hour ser-
ViCe. He A~ked that the ~p~ndlng limit b~ I.cr~a~d to Mot~'oln
the sole source local authorized agent because of many radio break-
downs. He asserted his department has not purchased new radios during
i~' the past years because of budget cuts, therefore, have had to take
spare radios and put them in units.
Comm~ssioner Shanahah commented approval of this request will
' - increase the current purch&s~ order from $6,§00 to
In answer to Commt~s]oner Shanahah, Mr. Reardon ~tate¢! if another
vendor is selected who cannot provide 24-hour seuvic~ and they keep
the unit for an extended p.riod of time because they do not have the
~-' schematics to fix the radio, the unit will be put out of service.
.' Commissioner Hasse asked for the difference in price between
:~ Motorola and the other local vendors? Mr. Reardon responded the
Motorola rate is $75.50 per hour, ABC Electronics chose not to quote,
Naples Two Way Radio is $45 per hour, Custom Communications is $65 per
hour and Naples Communications is $45 per hour.
~ Commissioner Volpe asked if there is a serious problem with the
equipment that requires this expenditure for the short period of
remaining in this fiscal year? Mr. Reardon said they no longer have
the back-up capability. He tnd~cated that some of the requested
increas~ is owed to Motorola for units already repaired.
;'. Commissioner Shanahan communicated his doubt that the technicians
'~ employed by Motorola are $30 per hour more qualified than those
~!' employed by Naples Two Way Radio.
County Manager Dotrill recommended that Motorola continue to be
used for warranty and emerGedicy work and explore doinG routine repair
work with another vendor to see how that arrangement w~11 work out
between now and the end of the fiscal year.
Page 94
June 26, 3991
Comm/sstoner Shanaban moved, seconded by Co~mtestoner Haese, to
utilize Naples T~o #&¥ Radio for all non-emergenc~ repair ~ork to
they c~ pr~tde the se~tce at $45 rather t~ $75 ~r
County Manager Dorrtll asked how the Sher]ff's Offfce handles th~s
situation7 Deputy Kevin Nelson replied the Sheriff employs a radio
technician who handles some of the work.
County Manager Dotrill suggested that a possible Joint venture be
arranged with the Shertff's Office.
U3~on call for the quest/on, the motion carried unanimously.
In response to John Keschl, Finance Director Yonkosky stated the
full amount for a communications system contract was expended for
radio and related equipment. He said no money was appropriated for
purchase of a tower, which was intended to be a lease arrangement with
Collier Corporation, however, that tower was never built.
Commissioner Saunders moved, seconded by Commissioner Shanahah and
c~L~rtedun~ntmousl¥, to waive the competitive bid process and
~athor~e the sole source expendttnzre of communications repair and
m~tel~mnce on e~ergenc~ communications equipment for the Count¥'s
E~rz~enc~!~edtcal Services DeparHment, tn an amount not to exceed
$12 , 000 .'m::
STATU~ KEPORT ON TH~ COMPLETION OF FLOORS 5 AND 6 OF THE COURTHOUSE -
Tom Conrecode, Office of Capital Projects Management Director,
reported in August, 1990, the Board directed Staff to complete the
Interior to the fifth and sixth floors of the Courthouse to accom-
modate the Clerk of the Courts and Court related functions. He said
construction was completed ahead of schedule and under budget in
April, 1991. He noted the furniture ~nstallation was completed on
June 14th and was accomplished at $206,000 under budget as a result of
the new furniture contract. He mentioned the move, scheduled for July
/st, includes the Clerk of the Courts, Jury Assembly, Court L]aison,
Page 95
June 26, 1991
the official Court Reporter, Arbitration and Mediation Departments,
Probation Department, Witness Management and the new Law Llbrary.
Co~teetoner Shanaban moved, eeconded by Coulssioner Rasee and
carrtedm~ni~ouely, to accept the status report on the completion of
the fifth and sixth floors of the Courthouse.
~ ORDER PROVIDING FOR ADDITIONAL SERVICES NITH COASTAL
· ~11II~ERIl~ CONSULTANTS. INC. REQUIRED FOR THE CONTINI/ATION O~ THE
~II~IN~ &OR~I~NT ~OR PRO~ESSIONAL SERVICES RELATED TO CONSTRUCTION
O~ T]~ WIGGINS PASS I~AINT~TANCE DREDGING PRO~IECT - APPROVED IN THE
~ OF
Commissioner Volpe asked why this contract is being doubled for
the engineers to complete the project?
Mr. Conrecode explained that Wlggtns Pass Conservancy paid for a
portion of the design, which Is not Included as part of the County's
$45,000 contract. He said $36,000 worth of engineering work was done
and paid for separately by the Conservancy. He added that the origi-
nal contract allowed for reimbursement of expenses if the work went
beyond January 1, 1991. He said the work continued up to May 1st and
$12,000 of the requested Increase is related to that work, with the
remaining amount related to the re-lay out of the design.
In response to Commissioner Volpe, Mr. Conrecode stated if the
County wants to complete the work, the engineer must re-lay out the
channel, calculate the sand volumes and put the bid documents
together in order to go back out to biff.
Commissioner Saunders asked how much this proJ-ct will cost If the
County Is not successful against the surety, and where will the money
come from?
Mr. Conrecode replied the esttmate presented to the Board in May
was that it would cost an additional $114,000 to re-do the project,
which Staff has recommended be funded f~om Fund 19~, th~ one mill
capital fund. He added there may be the possibility of obtaining
funds through the Tourist Development Council.
In answer to Commissioner Hesse, Mr. Conrecode said the contrac-
tor, Energy Resources, Inc., was found In default.
June 26, 1991
Co~lesioner Volpe moved, seconded by Cosmisstoner Shanahen and
c~ried unanimously, to approve the change order provid~ng for addt-
tion~l ~vlc~ related to construction of the Higgins Pass
M~tnt~mcw Dredging Project in the nount of $52,466.30. ***NOTE: CHANGE
ORDER NOT PROVIDED TO
It~:.#llll · CLERK TO BOARD OFFICE***
C~ss~ner Shanahah moved, seconded by Commissioner Hesse and
¢ax~ied mtml¥, to adopt Budget Amendment 91-239.
~gRTIFICAT~ OF AC~HI~VEMEq~f AWARD FOR gXGELLENCE IN FINANCIAL REPORTIN~
-
Clerk Giles Introduced Mr. Damon Adams, representing the
Government F~nance Officers Associatlon of the United States and
Canada. He noted Mr. Adams wfll p~esent Certificates of Excellence
which are be~nG awarded for the third consecutive year.
Mr. Adams Gave tribute to the expertise and high deG~ee of pro-
fesslonal~sm of the F~nance Staff of the County, and presented the
Dlstingutshed Budget Award Presentation and the Certificate of
Achievement fo~ Excellence ~n Flnancial Recording to Chairman
Goodnight. He followed with a presentation to Finance Dlrector
Yonkosky for brlng]ng about recetpt of the Certificate of Achievement
for Excellence fn Ffnancfal RecordinG.
THE U~ OF CONFISCATED T~UST FUNDS TO I~IRCHASE INVESTIGATOR COMPUTER
E~IIFMENT -- A~~ IN ~ ~0~ 0F $78,300
Mike Ryan, Captaln ~n charge of Detectfves with the Sher~ff's
Office, asked for Board appFoval to move funds f~om the Conf]scated
Trust ~nd to purchase computers and related software for detectives.
He explained that tlme can be saved wlth lap-top computers in the
fleld, because investigators w~11 be able to generate their reports In
the field and money will also be saved without the need for clerical
staff tO type the reports. He added the quality of the reports wllI
be considerably better due to the ablltty of lap-top computers to pro-
vlde lnformatlon concerning course~ of actlon for the on-scene detec-
Page 97
June 26, 1991
rive to take.
In response to Commissioner Shanahan, Captain Ryan indicated that
although there are 100 people working in Investigations, the Sheriff
is requesting only 25 lap-top computers to ensure the success of the
system.
Co~tutonsr Volpe moved, seconded by Commissioner Shanahah and
cmxTtedunmntmousl¥, to a~rove the use of Confiscated T~ust F~nds to
puxchmse Investigator computer equipment in the amount of $78,300.
· ee.:Co~mtutoner Shanmhan moved, seconded by Commissioner Hasse
mnd c~ted unanimously, that the following items under the con-
~ent'm~enda be alproved and/or adopted: '''
.THE FINAL FLAT OF "THE ESTATES OF MONTCLAIR PARK" - WITH STIPULATIONS
That the final plat not be recorded until the required impro-
vements have been constructed and accepted or until approved
security is received for the tncompleted Improvements and
that construction shall be completed within 36 months of the
date of titis approval.
Authorize the Chairman to execute the Construction and
Maintenance Agreement.
That no building permits be Issued until the final plat is
recorded.
See Page.
Item ~16A2
RESOLUTION 91-472 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE,
WATER AIqD SEWER IMI~ROIFK~TENTS AND RELEASE OF THE MAINTENANCE SECURITY
FOR "CRYSTAL LAKE RV RESORT PHASE ONE"
See Page
RESOLUTION 91-473 APPROVIN~ FOR RECORDING THE FINAL PLAT OF
'CO~;HATCKKK RIVER TRUST P.U.D." AND GRANTING PRELIMINARY ACCEPTANCE
OF TH~ ROADWAY, DRAINAGE, WATER AND SEWER IMPROVKMKNTS - WITH
Accept the Cash bond (posted with the Finance Director) as
security for maintenance of the infrastructure until the
Board of County Commissioners grants final acceptance of all
improvements.
Authorize th~ record.ing of tho ftna] plat of "Cocohatch,,
River Trust P.U.D."
Preliminary acceptance of the improvements will not become
effective until water and sewer facilities have been conveyed
to Collier County Water-Sewer District.
Page 98
June 26, 1991
That the Developer shall post a bond or pay Transportation
Services to ensure that the required street l~ght at the pro-
Ject entrance will be Installed.
See Page ~_~/
FINAL P~tT OF "AIRPORT ROAD Su~..D.!V.lS!0N" -.WIT~ STIPULATIONS
That the final plat not be recorded unttl the required impro-
vements have been constructed and accepted r)r until approved
security Is received for the lncomp]eted Improvemet, rs and
that construction shall be completed wtthln 36 months of the
date of this approval·
Authorize the Chairman to execute the Construction and
Maintenance Agreement.
That no building permits be issued until the final plat Is
recorded.
Prior to issuance of staff approval letter to applicant, the
South Florfda Water Management District permlt ~nodlflcatJon
approval shall be provided.
FACILITIES ACCEPTED FOR LONGSHORE LAKES, PHASE III -
WITN~TIPULAT!ON~
The water and sewer facilities to serve the project canm~t be
placed into service and no Certificate of Occupancy shall be
issued until the Florida Department of Environmental
Regulation furnishes a letter authorizing the placement of
these systems into service, and;
Bacterfological testing has met the County's requirements,
and;
The Fire Flow requirements of the pr~3ect have been
satisfied, and the Fire District furnishes a letter acceptlng
the fire hydrant for ownership and maintenance.
See
RESOLUTION 91-474 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF
~LON~RE LA.K~.~ UNIT THREE" - WITH STIPULATIONS
Accept the irrevocable Letter of Credit and Surety Bond as
security for maintenance of the ~nfrastructure until the
Board of County Commlssfoners grants final acceptance of all
Improvements.
Authorize the Chairman to execute the Maintenance Agreement.
Preliminary acc~ptanc~ of lmprov.me~[~ will not beeore. elf-c-
tire until wate~ and sewer facllltles have been conveyed to
Colller County Water-Sewe~ DlstP]ct.
Page 99
June 26, 1991
:~,~'- #&T~lt F&C~L~TIKS ACCEPTED FOR B~RKSHIR~ C0~ONS,
1. The water facilities to serve the
Into servfce and no Certlftcate of occupancy shall be issued
until the Florida Department of Environmental ReOulation
ntsh.~ a 1.tter ~pp~ovlng the w.t'er dl~t~lbutlon syatem for
servtce.
2. Bacteriological testing has met the County's requirements.
3. The Fl~e Flow ~equt~ements of the project have been
satisfied, and the Fire District furnishon a letter accepting
the fire hydrant for ownership and maintenance.
MAT~ ~ SKWER FACILITIES ACCEFTED FOR ~ASSY ~0DS AT BRETO~
P~, ~S~ ~l - ~ STZ~ATZO~S
1. The water and sewer facilities to
placed into servtce and no Certiflcate of Occupancy shall be
issued until th~ Florida Pepa~tm.nt ,)f Environmental
Regulation furnishes a letter authorizing the placement
these systems fnto servfce, and;
2. Bacteriological testlng has met the County's requirements,
and;
3. The Fire Flow requirements of the project have been
satisfled, and the Ffre District furnishes a letter acceptinG
the ftre hydrant fo~ owne~ship and malntenance.
OR Book ~ Pages
RESO~ZOR 91-475 ~RG ~K~M~RARY ACCK~ARCE OF TRK ROA~AY,
~NA~E, MAWR A~ S~R IMPROdENTS FOR THE FINAL PLAT OF 'EMBASSY
~ODS GOLF ~ C0~Y CL~ AT BRETO~ PA~, P~SE
1. Accept the E~cro~ Agreement (posted with the Clerk) a~
security for maintenance of the infrastructure until the
Board of Count~ Commissioners grant~ final acceptance o[ all
lmprovements.
P~eltmlnary acceptanae of ~mp~ovements will not become effec-
tive untll wate~ ~nd sewe~ facilities have been conveyed
Collier County Water-Sewer Dlstrict.
See Page 8~7
~ ~ ~T OF "~DI$O~ ~A~" APPenD FOR RECORDING -
1. Accept the t~revocable Lette~ of Credit and personal Bond as
security to guarantee completion
merits.
2. Authorize the Chairman to execute the Conr~tructfon and
Maintenance Agreement.
June ~6~ 1991
That no Certificates of Occupancy be granted untfl the
re?'[red improvements have received preliminary acceptance.
See Pages
It~. #16&11.
T~ F~RAL PT~AT...OF "WILSHIRH LAICES, PRASE....ONE" - WITH STIPULATIONS
2o
That the final plat not be recorded until the required impro-
vements have been constructed and accepted or until approved
security is received for the incompleted improvements and
that construction shall be completed within 3S months of the
date of th], approval.
Authorize the Chairman to execute the Construction and
Maintenance Agreement.
That no building permits be issued untll the final plat is
recorded.
See Pages., ,~' ~& ~
THE FINAL PLAT OF 'EMERALD LAKES AT BRIDGET LAKE UNIT FOUR' APPROVED
FOR R~CORDING - WITH STIPULATIONS
Accept the Surety Bond as security to guarantee completion of
the subdivision improvements.
Authorize the Chairman to execute the Construction and
Maintenance Agreement.
That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
Prior to plat recordation, a copy of the recorded temporary
off-site drainage easements to accommodate the on-site
drainage shall be provided to ProJ,~ct Review Services and
referenced on the plat.
See Pages
~TE~..FACILITIgS ACCEPTED FOR EDISON COMMUNI~ COLLEGE - WITH
The water facilities to serve the project cannot be placed
into service and no Certificate of Occupancy shall be issued
until the Florida Departm,nt of Er~vJronmenta] ReGu]atJon
furnishes a letter approving the water distrlbution system
for service.
Bacteriological testing has met the County's requirements.
The Fire Flow requirements of the project have been
sat~sfied, and the Fire District furnishes a letter acceptinG
the fire hydrant for ownership and maintenance.
mechanic prior to use.
Approved test results of backflow device by State certified
Pag,?
$une 28, ~99~
LAKES UNIT SIX# - WITH STIPULATIONS
That the final plat not be recorded until the required fmpro-
vements have been constructed and accepted or unt]! approved
security is received for the tncomp]eted improvements and
that construction shall be completed within 36 months of the
date of this approval.
Authorize the Chairman to execute the Construction and
Maintenance Agreement.
That no building permits be issued until the final plat is
recorded.
A ~UITCLAIM DEED FOR PETITION AV 91-002, BUTLER ENGINEERING, INC., AS
AGENT FOR ARTHUR CANADA & ASSOCIATES, INC., REQUESTING TH~ TERMINATION
OF A PORTION OF THE UTILIT~ EASEMENT UNPLATTED, LOCATED IN SECTION 15,
TOWN~HIP 40 SOUTh, RANGE 25 EAST AS RECORDED IN THE OFFICIAL RECORDS
BOOK 932 ON PAGE II09 OF THE PUBLIC RECORDS OF COLLIER.COUNTY, FLORIDA
It~16B2
See Pages
77-
TRJtN~PORTATION SERVICES DIVISION TO PROCURE PROFESSIONAL ENGINEERING
SERVICES TO FULFILL DESIGN, RIGHT-OF-WAY AND PERMITTING REQUIREMENTS
FOR MULTI-LANING IMPROVEMENTS TO AIRPORT-PULLING ROAD (CIE NO. 039},
~00D~'I'II-FRANK ROAD (CIE NO. 0~0}, PINE RIDGE ROAD (CIE NO. 041} AND
VAND~qtBI~T BKACN ROAD (CIE NO. 042)
ACCEPTAI~L'E AND RECORDATION OF THE FINAL ORDER ISSUED BY THE FLORIDA
DEP~ OF NATURAL RESOURCES FOR A COASTAL CONSTRUCTION CONTROL
LINE PERMIT RELATING TO PREVIOUSLY CONSTRUCTED PARKING LOT AND ROADWAY
IMI~R~ AT THE COUNT~'S BAREFOOT BEACH PRESERVE PARK FACILITY,
INCLUDING APPROVAL OF MINOR ADMINISTRATIVE FINE
:~.'. Ite~.#16M moved to #9B2
I~**::. ~..~ REALLOCATIRG FURDS BY PRO3~CT W/THIN ROAD I~PACT
~.. DI~~ 5, 6, 7~ 8 ~ 9 (~,335, 336, 337, 338 ~ 339)
1t~8~6C1
~ ~ T.E.C.H. TO ~O~DE ~DICAL ~SPORTATION ~R CLIE~S
OF ~I~ ~ S~CES ~R S~IORS
Item#16C2
RENEWAL AGREEMENT WITH AREA AGENCY ON AGING FOR CONTINUATION OF
COMMIIRITT CARE FOR TH~ ELDERLY PROGRAM
Page 102
AREA A~ENC~ ON A~IN6 FO~ CONTINUATION OF
Zt~a.. #16D4
~ NO. I TO THE PROFESSZORAL SERVICES AGREEMENT WITH ROLE,
M~ ~t ASSOCIATES, INC., FOR GOLDEN GATE WELLFIELD EXPANSION - IN
THE AMOUNT OF
Iten#16D~
FACILITIES ACCEPTED FOR LAKESIDE OF NAPLES AT CITRUS
~--~ITRSTIPUT, ITIOR
1. The receipt of a Qu/t Clafm Deed from the City of Naples to
the County.
oR ook{ ,6 3 Pa es a/ -a
RKL~3RT T~ THK BOARD OF ~0~ ~SS~O~S ~O~I~G ~ SA~K A~
It~.~6E2 ~d to
.~l:deleted
It~:.~ deleted
IT~:~6F3 deleted
It~ ~Y5 ~ to ~9F2
~ ~ ~. ~-S WIH JO~0N ENGInERING, INC., ~ ~
~ ~~ ~R CO~TING SE~CES FOR I~IAL ~ST/~RL DIT~
R~ATI~ ~0~ - IN ~ AMO~ 0F $~3,..893.
WOl~:.I:YRDKR NO. JK-2 W/TH JOHNSON KNGINKKRING, INC., URDKR CURRKNT
AN~ALCONTRACT FOR CONSULTING SERVICES FOR A FF. ASIBILITY DRAINAGE
STUD~ ~]~..~MERA GOLF ESTATES UNIT IV - IN THE AMOUNT OF $9f900
June 26, 1991
I~SO~UTI0~ 91-476 RECRF.~TING THE AD H0C GROUND WATER PROT~CTION
TE~CAL ~ISORY CONNITTEE AND REAPPOINTING JACK L. ABNEY, STEVE
MF2tN~f ~L~NN SINI~SON AND JON C. STAIGER AS ITS MEMBERS
See P.ges 7.7
THE K~.OT~i~ & ~CATION A~ WAS~ TIRE QUARTERLY G~ RRPORTS
See Pages
~AFF ~O PRI~PARE AND IS~IIE A s~Q~ST ~ ~OPOSALS~ TO ~P~E A
~~ ~~I~/E~IRO~~ WATER ~AG~ BASIN PL~ FOR ~
~ R~ ~ION BASIN, AP~I~ A SELECTION C0~IT~E ~R SHORT
LI~ ~ ~S~ING CO~T~ ~ THE ~C~SING ~LI~ V~IED BY
A~RIZI~ ~ SELE~ION CO~I~RE TO PROVIDE A ~D LISTING OF ~
~TA~
It~.#lSH1
UTILITT EASEMENT FOR INSTA~ATION OF AN ELECTRICAL SERVICE LINE BY
FLORIDA POWER AND LIGHT, IN~., TO PROVIDE ELECTRIC POWER TO THE
Itea 916H2 postponed
IKIIXtET-.~ IN T~E AMOUNT OF $12,000 TO COVER COSTS OF OPERATING
.~ IN TH~ COURTYMANAGEReS BUDGET
It~,91~114 ~ to ~9H8
~AI~ A~R~N~NT FOR PROFESSIONAL SERVICES WITH THE JOINT
~ OF HDLZ, NONTES & ASSOCIATES, INC., AND WILSON, MILLER, BARTON
& PEEK, IN~., FOR THE PINE RIDGE INDUSTRIAL PARK AREA IMPROVEMENT
ASSE~SIq~r~ DISTRICT - IN THE ESTIMATHD AMOUNT OF $304~200 ..
See Pages ~~ '~
RESOLDTION 91-477 PROVIDING P0R A MODIFICATION OF THE STIPULATION
AGREEMENT OF T~E PROVISIONAL USE FOR POLYMER RESEARCH AND DEVELOP~ENT
CORPORATION AT TN~ IMMORALEE AIRPORT PARK
Itu 91631
CERTIFZCATES OF CORi~KCTION TO TH~ T&X ROLLS AS PRESKNT~D BY TT~
PROFK~FY J~PKAISER* S OFFICE
1988 TAX ROLL
*~:-~--.~0. Date
298 6/20/91
Page 104
June 26, 1991
259/264
1990 TAX ROLL
61~2.191-6119191
1990 TANGIBLE PERSONAL PROPERTY
1990-106
6/21/91
Its ,16J
MI$~OUS, CORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspond.nce was filed and/or
referred to the various departments as Indicated below:
To BCC from Maxwell G. Battle, Jr., P.A., fax dated 6/11/91
re: Demand for Arbitration; Claimant: Coastal Marlne
Construction, Inc.; Bid No. 90-1543, Marco Island Beach
Nourishment Pro3ect, Breakwater and Groin Construction.
Copies to Nell Dotrill, Ken Cuy]er, and ftled.
Letter dated 6/6/91 to Chairperson, BCC, from Trudie D. Be]],
Environmental Supervisor, Wetland Resource Regulation,
Department of Environmental Regulation, re: application for
dredge and fill activities; File No. 111979199, Wtggtns Pass
Marino Co., Inc. Original to }larry H,{},er, c¢,py to N.$1
Dorrll/, ~rl,i fll,d.
Letter dated 6/11/91 to Chairperson, BCC, from Trudle D.
Bell, Environmental Supervisor, Wetland Resource Regulation,
Department of Environmental Regulation, re: appltcatton for
dredge and fill activities; File No. 111980239, Barron
Collier Company. Original to Harry Huber, copy to Nell
Dorrlll, and filed.
Copy to BCC of letter dated 6/6/91 to Coastal Engineering
Consultants, Inc., from Tony D. McNeal, Engineer, Bureau of
Coastal Engineering and Regulation Department of Natural
Resources, re: After-the-Fact Permit Approval and Assessment
of Admintstratfve Fine; Approval of Governo]- and Cabinet
Permit: C0-308 ATFR CF; Permittee Name: Collier County
Board of County Commissioners. Original to Harry Huber, copy
to Nell Dorrtll, and flied,
Memo dated 6/7/91 to BCC from Darrell W. Smith,
Administrator, Planning and Budgeting, Department of Revenue,
re: Property Appraiser's Budget Request for 1992-93. Copies
to John ¥onkosky, Nell Dotrill, and flied.
Letter dated 6/7/91 to Chairman Goodnight from Nelson A.
Faerber, Jr., Chairman, The District School Board of Colller
County, re: Distribution of Racetrack Funds. Copies to BCC,
Nell Dotrill, John Yonkosky, and filed.
Copy to BCC of letter dated 5/14/91 tr) Advan¢:r~d M~chanica]
Syst. em~, Inc., from Joseph R. T, yn¢:h, Pr.sld~nt, Lynch
Construction of Naples, Inc., re: Frank Mack]e Community
Park. Copies to Nell Dotrill, Murdo Smtth, and filed.
CCPC Agenda for 6/20/91. Filed.
Golden Gate Parkway Beautiflc~tlon AdvJ,ory Committee Agenda
for 6/11/91 and Minutes of .5/14/01. Filed.
10.
Letter to Chairman Goodnight from Tamara D. Arnold, Director
of Utilities, Naples Sewer Company, Inc., re: intent to file
11.
13.
14.
16.
17.
28.
19.
20.
21,
21,
June 26, 1993
for a Rate Increase with the Florida Public Service
Commission. Copy to Nell Dorrlll, and filed.
Copy to BCC of Notice of Nonpayment dated 6/10/91, to H.D.
Rutledge & Son, Inc., from B & I Contractors, Inc., for
plumbing work at the Collier County Nealth Services Bul]din~.
Copies to Nei] Dotrill, Steve Camell, John Yonkosky, and
filed.
Nottc, to Owner dat-d 6/5/91, to BCC from Bonita L]m~,~tone
Trans, Inc., under an order Given by M D Hatwell Excavating,
for materials, dump truck and equipment services for
Dotrill, Steve Camoeli, John ¥onkosky, and filed.
Preliminary Notice to Owner dated 6/30/91, to BCC from
Computer Support Products, Inc., under an order Given by S.
L. Page Corporation, for Liebert equipment for the Collier
County Library, Central Avenue. Copies to Net] Dotrill,
Steve Camell, John Yonkosky, and filed.
Notice to Owner dated 5/31/91, to BCC from Snydergenes'a]
Corporatlon, Commercial products Group, unde~ an o~der given
by S. L. Page Corporation, for air conditioning equipment,
Cop]es t'o ~;e]] Dorrt]], Si~v~ C~:n~' l, i~::r~ ?onkc~sky, and
filed.
910532-SU; Orde~ No. ~4656; Issued: 6/~1/9~, re: Order
acknowledging sale of W~l~demere Services, Inc., to
County Utilities Division and closing docket. Cop]es to
Dotrill, Fred Bloetscher, and filed.
Before the Florida Public Service Commission, Docket No.
900984-WS; Order No. 24663; Issued: 6/6/91, re: Application
of North Naples Utilities, Inc., for amendment of
Certificates No. 46~-W and 398-S in Collte~ County, Florida
(Quail West I). Copies to Netl Dotrill, F~ed Bloetscher, and
filed.
Notice of Hearing Before the Florida Public Service
Commission, to All Investor-Owned Electric and Gas
and All Other Int:erer~ted Persons; Tt~{u,~d: 6/7/91;
Docket Nos. 91OOO1-EI, 910002-EG and 9:0003-GU. Copies to
Netl Dorrtll, Fred Bloetscher, and filed.
Dated 5/23/91, Amended Petit/on for Writ of Certiorari, Case
No: 91-0695-CA, O'Sheas Restaurant vs. Board of County
Commissioners. Filed.
Dated 6/4/91, Petition for Writ of CertJorari, Case No:
91-1947, O'Sheas Restaurant rs. Board of County
Commissioners. Filed.
Dated 6/14/91, Notice of Hearing re: Case No.
91-1947-CA-OI-WLB, O'Sheas Restaurant rs. Board of County
Commissioners. Copies to Nell Dotrill, Ken Cuyler, and
filed.
Letter dated ~O/I6/90, to Commissioner }{asse from John R.
Wodraa~a, EKor'll! IV- nlr.~l,,r, ~,~tll~ rl,,t.l,l~ W~,I,~.
Management D]str]ct's adopted F¥91 Budget. Filed.
To BCC dated 6/6/91, from Harold Jones, United States
Trustee, Southern Dtstrtct of New York, United States
June 26, 3991
Bankruptcy Court, re: in Proceedings For A ReorganlzatJon
Under Chapter 11; Case No. 91B 11625 (BRL), Jointly
Administered. Filed.
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair at 11:00 A.M. on June 26,
1991.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
PATRICIA ANNE GOODNIGHT, C~HAIRMAN
~: :f; ~ m~.~.l~tes-'appr.~.~ved by the Board on
ent or as corrected