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BCC Minutes 06/11/1991 R Naples, Florida, June ll, 1991 LET IT BE REMEMBERED, that the Board of County Commissioners in a~d for the County of Collier, ant! also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to la%~ and having conducted business herein, met on this date at 9:00 A.M. in REGULA/{ SESSION in Building "F" of the Government Complex, East Naples, Florida, with the ~':f61iow'ing members present: CHAIRMAN: Patricia Anne Goodnight VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahen Max A. Hesse, Burr L. Saunders ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Annette Guevin and Ellie Hoffman, Deputy Clerks; Neil 'Dor~ill, County Manager; Tom Olllff, Assistant to the County Manager; Jennifer Pike, Assistant to the County Manager; Ken Cuyler, County Attorney; Brenda Wilson and Ramiro ManalJch, Assistant County Attorneys; George Archibald, Tran~portation Services Administrator; William Lorenz, Environmental Services Administrator; Mike McNees, Budget Director; Mike Newman, Water Director; Dick Clark, Code ?.Enforcement Supervisor; Ken Pineau, Emergency Management Director; 13!~B~ll Gmlff~n, Emergency Servlces ~dmtnistFat]ve Manager; Ken Baglnskl, Planntn~ Services Manager; David Pettrow, Developmen~ Services D~rector; Roger Evans, Health Administration Business Manager; Harry ~i. ~ube~, Office of Capital Projects; Margret Bow]es, Growth Management Analyst; Bob Mulhere, Bryan Milk, Dave Weeks, Eric Young, Ely Soto, Ray Bellows and Wayne Arnold, Planners; Sue Fl]son, Administrative ~{~Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page June 1], 1991 Co--,l~leelonsr Hasse moved, secoaded by Commi$sion~r Shanahan and / ~:. ¢&z~ted lln~nt~ously, that the agenda be approved with the following 1. Item #5B3 - Proclamation designating June 15, 1991, as "Miss Collier County Day" - Added. (Requested by Board of County Commissioners.) Item #gD2 - Agreement between Collier County and Nortl~ Naples Utilities for the abandonment and dismantling of all package plant treatment facilities .and connect]on to the regional Item #11D1 - Presentation of Certificate of Achievement Award for Excellence In Financial ReportinG - Continued to 6/25/91. (Requested by Staff.) Item #16G2 - Approval of transfer of funds from Water Management C.I.P. Fund 325 Lo provide JnJtJa,] ful]dJr, g ¢)f new Stormwater Utility Enterprise Fund 455 - Moved to #9G]. (Requested by Staff. ) Item #16H3 - Request for ~uthorlzatlon to ,dv,rt]Ne a Public Hearing to consider adopt/on of an Ordinance to Increase the maximum allowable Tax Levy :for the Lely Golf: Estati~s Beautlftcatlon M.S.T.U. - Moved to #9HI. (Requested by Commissioner Shanahan.) AGENDA - APPROVED AND/OR ADOI?TED The ~otion for approval of the Consent Agenda is noted under Item '/~'~ CL~IK~8 REPORT - APPROVED AND/OR ADOPTED The motion for approval of the Clerk's Report Is noted under Item ~i!< ~' !~ZllUT~ OF THE REGULAR M~ETING 0F APRIL 23, 199~, ~ JOI~ WO~SHOP ~;,~'" ~Z~ OF ~Z~ 24, 1991 - APPROVED AS PRESE~ED Co~ss~one~ Sh~ moved, seconded by Co~issione~ Masse and cm~F~ ~mously, tha~ ~he M~nutes of the Re~lar Meeting of April 23, 1991, ~d Joint Workshop Meeting of April 24, ~99~, be approved as printed. Page 2 SUbvicE A RDS - 'RESENTE:D June 11, 1991 Commissioner Saunders congratulated the following Collier County employees and presented their service awards: Everett Billman, Utilities/Wastewater Joseph Corbo, Road & Bridge/District 3 Vickie Wilson, Parks &Recreat]on William Bryant, Community Dev./Tech. PlanninU years years years years Itsm-#SB1 PRO(II~kMATION DESIGNATING JUNE 11, 1991, AS NAPLES EAGLES GIRLS' $O]~LL RECOGNITION DAY - ADOPTED Upon readinG and presenting the proclam~tlon to the Naples High Eagles Girls' Softbali Team, Commissioner Shanahan moved, seconded by Co~mieeloner Hasse and carried unanimously, to adopt the proclamation deeti~%mting June 11, 1991, as Naples Eagles Girls' Softball Day. Page 3 Jun~ 11, 1991 FROG~LAMATION DESI~NATINQ JUNE 11, 1991, AS NAPLES EAGLES BOYS' BASKETBALL RECOGNITION DAY - ADOP~ZD Upon reading and presenting the proclamation to the Naples High Eagles Boys' Basketball Team, Commissioner Volpe moved, seconded by Comissionmr Haese and carried unanimously, to adopt the proclamation dee~ll~tin{] J%~ne 11, 1991, as Naple:s Eagles Boys' Basketball ~ Re~o~:~ition Day. Page 4 June ll, 1991 DESIGNATING JUNE 15, 1991, AS "MISS COLLIER COUNT~ DAY" - Upon Commissioner Hasse read/rig the proclamation, Co~!missioner $~=e ~ved, seconded b~ Comm~,lS~oner Hasse and c&r'r~ed unani- ~y-to ~pt the proclamation des~attng June 15, 1991, as "Miss Dmy". Page June 11, ]991 !990 COLLIF~ COUNTY COMPREHENSIVE ;~U4UAL FINANCIAL Rt:PORT - ACCEPTED Finance Director Yonkosky pres{:nted the 1990 Comprehensive Annual Financial Report. He summarized various sections, polnting out that 1990 was the first year the County took in less money than was spent. He concurred with County Mana~ler D()rrlll by caut]ontng the BcJard that the general fund reserves for cont [n(jencies will be less than 596 in and recommended that the Boa:?d consider lncrea~lng reserves to have adequate cash to carry forward the first s~x weeks of the fiscal year. If that ts not possible, he reques~:ed the Board to lnstruct to borrow enough money to fund operations in the general fund for that six-week period. He indicated that will be an expensive pro- cema, because it w~11 cost the. County $75,OOO-$]00,0OO ]n inters:it that will have to come out of the general fund. He concluded that other than that particular item, Collier County is in a sound finan- c/el posit3on. Commissioner Saunders commented that the period of time where the has difficulty Is from October 1st through October 31st, where there are expend] turen borrowed from another County account on a short term basis, as opposed ii;', tO going out on the open market? Mr. Yonkosky reported that money can !~: be borrowed from a fund with slmllar boundaries, such as Fund 301, which was done last year. ': Commissioner Saunders suggest~d utilizing other restrictive funds, whether they be utility or impact fee funds, that the County has on deposit on October 1st. ' iMP. Yonkosky agreed, adding the Board should also consider budgeting an Interest expense to pay back the funds borrowed. Commlsuloner Sh,nahan m~nt I()n.:d th,,! :,~ta[£ ~H]t)u]d ~*]uo lrlv~,st lr, gdt ..outside opportunities should internal funds not be sufficient. ::~',~.: Commissioner Volpe Indicated tt is hard to understand there will be a shortfall when the County will have $153 m:illion .in cash on hand on September 3Oth. Page 6 Mr. Yonkosky explained that the $153 million is misleading, because many of those funds are restrlcted~ i.e., impact fees, bond issue proceeds, etc. Commissioner Volpe asked if the Board should set a policy to always maintain a certain minimum in contingency funds7 Mr. ¥onkosky "Indicated that his recommendation is to establish a policy, not to be deviated fmom, to maintain a certain percentage of funds in reserves. In answer to Commissioner Shanaban, Mr. Yonkosky suggested that reserves for contingency be maintained at close to 10%. Commissioner Saunders commented that whatever percentage ]s established, it should be fair to the taxpayers. He asked if there is a way to structure contracts, such as for consultants, to reduce the amount of expenditure during the six week period, in order to avoid this problem on an annual basis while at the same time establish a cash reserve policy that makes sense? Mr. Yonkosky advise(] that idea is being utilized by many cities and counties nationally. He cautioned, however, that there are many large, mandatory cash disbur- :. sements during the month of October that are not flexible, such as the Sheriff's Office, Tax Collector and other Constitutional Officers. Mr. Yonkosky concluded by suggesting that the Board consider looking at changes in the budgetary concept, to look at percentage increases without consideration of reserves. He said if reserves are set aside, that will present a much more accurate Indication of Increases in the budget. There was no action required on this item. Item R~$OLUTION 91-447 RE CP-91-DRI-1, WILLIAM R. VIlaS ~IITH VINES AND ASSOCIATES, INC., REQUESTING AN AMENDMENT TO THg FUYURE LAND USE ~EM~NT TE.TT FOR THE ACTIVITY CENTER SUBDISTRICT - ADOPTED Legal notice having been published in the Nap]es Daily News on June 3, 1991, as evidenced by Affidavit of Publicat:ion filed with the Olerk, public hearing was opened to consider Petltion CP-9!-DRI-1, flied by William R. Vines with Vines and Associates, Inc., requesting an amendment to the Future Land Use Element text for the Activity June 11 1991 Center Subdistrict. Commissioner Volpe noted that h,; is declaring a conflict of lntm~est and will abstain from voting on this Item. Planner Soto explained the purpose of this request is to amend the text of the Activity Center SubdisTrict within the Future Land use Element (FLUE) of the Growth Management Plan, She said the proposal will allow light industrial land uses within Interchange Actlvtt¥ Cen- ters. She stated this hearing will allow transmittal of the proposed amendment to the Department of Community Affairs (DCA) for their review and comment, and to state the Board's intent to hold a public hearing 60 days after receiving comments from DCA. She reported an analysis of the existing and approved land uses within each of the PUD's in the three Interchange Act.[vity Centers at 1-75 and C.R. 951, Pine Ridge Road and Immokalee Road, shows a wide range of commercial retail uses, commercial uses that are oriented to the traveling public, industrial uses and residential uses. She indicated there are still some vacant and unzoned parcels in each of the Interchange Acti- vity Centers. She advised ana]ysi~ has shown that not each of the three Interchange Activity Centers .are appropriate for industrial or light Industrial land uses. She stated transportation Is a signill- cant Influence when looking at compatibility of industrial uses, and Staff feels that light Industrial uses would be more appropriate. She indicated betming, landscaping, and types of fencing are looked at for compatibility. She advised certain light industrial uses would be appropriate within specific Interchange Activity Centers located in all quadrants of C.R. 951 and 1-75, and the southeast and southwest quadrants of Immokalee Road and 1-75, if appropriate design and deve- 10pment standards are provided. She concluded or, May 16th the CCPC voted unanimously to forward Petition CP-91-DRI-] to the Board of County Commissioners for transmittal to DCA. William Vines with Vines and Associates, Inc., stated this peti- :riCh was filed as a companion to a DRI substantial deviation appltca- ion~ He said because the two applications were filed together, this June 11, 1991 Growth Management Plan amendment appJtcatlon was exempt from the nor- mal cycle. and permitted to go through with the DRI reulew process. C~mdaatoner Saunders moved, seconded by Commissioner Shanahah and C~Ti~ 4/0 (Co~-tsstoner Volpe abstained), to close the ~bltc ~estoner Sanders moved, seconded by Co~tsstoner Sh~ ~d ~~ 4/0 (Coatestoner Vol~ absl:atned), to approve ~-91-~I-1 for tr~m~tal to DCA, thereby adopting Resolution 91-44~. Page 9 June 11o 1991 Z~#6C6 ~9~$OLU~ION 91-44~ DETERMINING THAT THE AMENDMENT TO THE BERKSHIRE LAE]~ PUD D~LOPMENT ORDER 83-1 DOI~S NOT CONSTI~E A S~ST~IAL ~p~A~ZON - ~ED . Legal notice having been publi:3hed in the Naples Daily News on May 26, 1991, as evidenced by Affidavi't of Publication filed with the Clerk, public hearing was opened to consider if the proposed changes to the Berkshire Lakes PUD and DOA constitute a Substantial Deviation. Planner Young requested that this Item be heard prior to Companion :.,Petitions PDA-19-1 and DOA-91-]. ~: stated this petition requests the Board of County Commissioners to d,.=termine that the amendment to the deviation. He noted the amendment has been transmitted to the Regional Planning Council ,nd DCA. He indicated durln~ $taff's review of the amendments, traffic impact ~as the single major issue Iden- tified. He explained currently the Berkshire Lakes PUD is allowed 4,200 total dwelling units, 525 sia~;le-famlly and the remainder multi- family units. He said the petitioner is requesting to change that housing mix to 970 single-family units, decreasing the multi-family ~untte by the same amount. H- ~tat,,! ,l] aOenc].eN have r~quested a new traffic analysis be done, both on the original D~ve]opment Order (DO) and on the proposed amendment. He reported after several months of ~d~$¢ueston and review, both the r-~on and the State determined the~e was no substantial deviation from the original DO in terms of traffic lmpact. He mentioned a new issue has come up regarding hurt'lcane eva- .. cuation, because the original DO requires Berkshire Lakes to provide ' on-site shelters. He advised that even without the proposed amend- ment, Berkshire Lakes Is not in com]pliance wit]] their DO. He added ~.the additional single-family homes being reque~ted may represent further regional impact beyond what they are not currently in been reached for mitigation of the on-site she]ters with electric /~erators for the Vineyards School hurricane ~helter. Commissioner Volpe asserted there are ~nsufficient hurr.icane Page I0 : ' June ~1, 1991 ~:~: ' shelters in Collier County, yet the proposed agreement will allow the developer to purchase generators f~r an off-site shelter. Mr. Young responded the advice of Ken Pineau, Emercle::c' Director, was sought, and it was his determination that appropriate :i,~.. mitigation by the developer would be to purchase the generators. .. In anewe': to Commissioner Volpe, Mr. Youn9 replied that the new i~'{"i traffic study was based on 930 stn~]e-family units. He indicated in order that the traffic impact be minimal, Staff will request Board approval for a cap of 950 single-family units, rather. than the 970 units being requested by the petitt~ner. In response to Commissioner Volpe, Mr. Young advised Planning ' ~ Services Staff has discovered that 798 single-family lots are ;'.~ currently platted while 525 are allowed by the PUD document. As a result, he said, Units 6 and 7 have been put on hold until an amend- men~ has been approved for the extra, sinGle-family homes. Commissioner Volpe noted more single-family residences have been allowed to be platted than were approved, as well as the fact that hurricane shelters have not been buJ. lt. He questioned what can be done differently to ensure this does not happen again? Mr. Young communicated this situation began a number of years ago when Planning Services did not have the sophisticated equipment currently available. He stated a new computer data base and very serious monitoring methods have beer, instituted which allowed this situation to be discovered and will help prevent future occurrences. Commissioner Volpe related his concern with allowing off-site mitigation of the hurricane shelter requirements. Dan Trescott, DRI Coordinator for the South West Florida Regional Planning Councll, explained the Hurricane Preparedness Policy Rule which has been in effect for approximately one year, contalns four areas dealing with hurricane shelter mitigation° He stated buying generators will help mitigate for a long-term shelter stay after a hurricane, however, it may not do much for the short-term when people Page 11 June ll, 199! ~ust evacuate their homes during a hurricane. He indicated a joint decision is necessary between the Board of County Conmissioners and the Emerg~nc7 Management Director ~lhether the developer should add to the hurricane shelter space available in Collier Country or use another Co~missioner Volpe pointed out that certain deeds have been issued with a covenant providing for on-s;~te hurricane shelter, so people have bought property with that expectation. He asked if the size of an appropriate shelter has been calculated? Mr. Tre~cott replied that a conservative estimate is 13,000 ~guare feet. Mr. Young noted the County has the opportun.tty t(~ ~equtre Berkshire Lakes to do off-site mtt:igation now, whlle ensuring in the future when the rest of the development is built out that the club houses be hurricane ready. Ron Hurt, Anchor/American Engineering, commented this issue came up very recently. He said Berkshil.'e Lakes ls in tot~,l agreement to mitigate and/or provide for hurricane shelter requirements, however, i'n his opinion shelters should be located east of i-T5. Don Muller with the developer, Power Corporation, asserted that the entire DO was mitigated in 198G with the purchase? of a large qllanttty of cots, which the Emergency Manager for the County wanted at that time. He suggested the Board approve this proposal with the pro- vision that within 30 days, the exact mitigation be changed to meet whatever requirements the County thinks is now neces5~ary. Ken Pineau, Emergency Management Director, explained that when he met with Mr. Muller, he was not aware that Countryside was part of Berkshire Lakes. He suggested that another option tc. consider would be to modify the club house in Countryside with shutters and a genera- tot to provide on-site shelter capability. Commissioner Volpe pointed out that the petitioner no longer owns -Countryside. Mr. Hurt noted this ~tem seeks direction from the. Board regarding whether or not the change from multi-.family to single-family units is ~0 ~';! 30 Page 12 June 11, 1991 a substantial deviation. He suggested language be Inserted requiring that mitigation take place, present that language back to the Board, and stipulate as secur.,~y that no [,lat be approved for Unit 7 until an agreeable plan is reached. i'" Co~tsstonel' Hasse concurred with Mr. Hurt that the: change from multi-family to single-family units will bet?st t:he cot:lmunity, with the exception that the size of the lots are minimal. Mr. Hurt indicated when the amendment was presented to the CCPC, agreements were reached and concessions made on the part of Berkshire Lakes that a minimum of 7,200 square feet and minlmum front lot line of 70 feet will be utilized rather than 5,000 square feet. Be said that will reduce the number of units, however, will address the objec- tions of the homeowners in the comn.unity. Mr. Young mentioned that he has received hundreds cf phone calls in zhe past several months from people in and around Berkshire Lakes who are very happy with the smaller houses and lo~ sizes. He pointed out that to many people, living in condominiums is a dlstasteful p~ospect, but they cannot afford tke larger homes on 10,000 square foot lots. He Indicated this plan allows for those people to own their own homes, and they are quite happy with th,? size. Dalas Disney sald he 11ues withis the affected area of Berkshire Lakes. He urged the Board to require hurricane shelters within the Berkshire Lakes area as required by the original DO. He commented that he plans to live by the deed restrictions, and expects the deve- loper to do likewise. He indicated his belief that mitigation with off-site generators is a very poor trade off. He added that many ~esldents are not happy with reducJn~j the ]or sizes within Berkshire · Lakes. He stated general agreement on the concerns was reached at the CCPC hearing, however, a stipulattcn has not been addressed wtth regard to Unit 6 lot size requirements. He requested the minimum lot slze of 6,300 square feet with a min:[mum width of 55 feet be specifi- cally contained in the provisions. He noted a third concern addresses · the advertising methods of the developer. He said Florida Statutes June 11, 1991 require a disclaimer that states tht,~ plan is a concept only, whlch lined in the br0churem. H~, ~tated the concern ].~ for futur,, neighbors who will be purchasing lats based on an iljustration which still shows lot~ slze~ of 10,0oo s([,,ar~ ':~:[:G . . In answer to Commtssloner Volp~, County Attorney Cu,yler replied Collier County does not regulate the sales materials by development. Co~tsstoner Volpe inquired if sidewalk and bike path requirements will ,,be met? :'~'Mr.' Muller responded the developer will bear the cost for those facilities from Santa Barbara Boulevard to the canal. ~iih regard the brochures mentioned by Mr. Disney, he stated they have been ~mmlgned and are on order. Commissioner Shanahan Indicated he would like to see something more definitive from Mr. Pineau regardinU mltJgal-l,m of I~urrlc~ne ':"~ Bill ~tggs, Presldent, Coast Communfttes, advised ~hat the deve- loper would like Tom Peek involved because he has been part of this concept since 1981. He stated he has been trying to get Unit 6 platted for the past 10 months because it includes an entrance road into the entire community. He requ,-~sted the Board allow Unit 6 to be i[~lm~:ted in the immediate future, ~,nd reserve UnlL 7 until Messrs. <':'Peek, Pineau and himself can reso/ve what ts beneficial to the deve- loper and the County regarding em~rger~cy mea~u~e~. C~lssto~r Sanders moved, ~mconded by Canisstoner Sh~ ~d c~r~ ~l~usly, to close the public hearing. Cm~oner Sanders moved, ~econded by Co~lssto:ner Sh~ah~ ~d carried unanimously, that the amendment to the Berkshire Lakes PUD Development Order 83-! does not constitute a Substantial Deviation, thereby adopting Ra~olutton 91-4¢1~. .*****NOTE: DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS 0F OCTOBER 2, 1991*'~******* Page 14 June 11, 1991 OI~DI~[A~CE 9.l-45 RE PETITION PDA-91-1, WILLIAM T. RIGGS, PRESIDENT, COAST CG~T~ITIES, REQU~STIN(~ AMEN~NTS TO THE B~RKSHIRE LAKES PUD - ~~ SU~CT TO PETITIO~R~S AG~EE~ SHEET ~) WI'~ CO~ITIONS; ~SOL~ION 91-449 ~ DE~LO~ ~RDER 91-5 RE PETITION DOA-91-1, ~STI~ ~{~S T0 T~E BERKSHIRE LAKES DEVELOPMK~ ORDZR 83-1 AS Legal notice having been published in the Naples Dally News on May ?: 22, 1991, and May 26, 1991, as evi~enced by Affldax~tts of Publication filed with the Clerk, public hearing was opened to consider amendments to the Berkshire Lakes PUD and Development Order. Discussion of this item was heard In conjunction with Item #6C6. '..?v::.~melone~ 8&undera moved, amcondad by Co~-llmslonar Sh&n~han and C~XTied ~nimousl¥, to close the public hearing. Co~lealo~r $aua~dars ~oved, seconded by ~arrt~d nnantnoual¥, to approve Petitions PDA-91-1 and DOA-91-1 with the mmdltton that Unit 8 be platted and Untt? cannot be platted until further action by the Board of County Commissioners; that the develol~er will work out language with Staff in a timely fashion for the hurricane evacuation provtston{~; that lot sizes in. Unit 6 shall be kept at m mlntmu~ of 6,300 square feet and a minimum width of 55 feet; that the number of units approved be changed from 970 to 950, thex~ ~pting Resolution 91-44~ and Development Order 91-5; and [' .that the O~dtn~nce as numbered and. titled below be adopted and entered into O~d~n~nce Book No. 44: ORDINAl'CS 91-45 AN ORDINANCE AMENDING ORDINANCE NUMBER 83-46, WHICH ESTABr.[SHED BERKSHIRE LAKES PUD, AS AMENDiD, BY AMENDING THE LAND USE SCHEDULE, SUBSECTION 2.07, LA~:D USES, ~ECTION II ~ROJECT DEVEI,OPMENT, BY INCREASING TH~ MAXTM[JM NUMIIER OF DWELLINC; IINITE FOR R-1 RESIDENTIAL SINGLE-FAS~IL¥ USES AND DECREASING THE MAXIMUM NUMBER OF DWELLING UNITS FOR ~:-2 RESIDENTIAL MULTI-FAMILY USES; AMENDING PERMITTED VARIATIONS OF DWELLING UNITS OF SUBSECTION 2.09, SECTION II, PROJECT DEVELOPMENT, BY DELETING ALL REFERENCES TO FLEXIBILITY FOR INCREASING OR DECREASTNG MAXIMUM NUMBER OF DWELLING UNITS; AMENDING THE ilSTIMAT~D %'~.- ...... OF SUBSECTION 2.10, DEVE[.OPME~T ~}.~Q[;EblCE AND PROJECT DEVELOPMENT, BY INCREI,SING THE PHASE lII, PHASE IV AN[) TOTAL NUMBER OF R-1 DESIGNATED DWELLING UNITS AND BY DECREASING THE PHASE III, PHASE IV AND TOTAL NUMBER OF R-2 DESIGNATED DWELLING UNITS; AMENDING SECT];ON III, SINGLE FAMILY RESIDENTIAL R-l, SUBSECTION 3.02, MAXIMUM DWELLING UNITS, BY INCREASING Tile MAXIMUM NUMBER OF UNITS AND DELETING THE REFERENCE TO SUBSECTION 2.08; SUBSECTION 3.04.06, SIGNS AND MINIMUM OFF-STREET PARKING, BY ADDING A REFERENCE TO COLLIER COUNTY SIGN ORDINANCE; AMENDING SECTION IV, MULTI-FAMILY RESIDENTIAL R-2, SUBSECTION 4.02, MAXIMUM June 11, 1991 DWELLING UNITS, BY DECREASING THE MAXIMUM NUMBER OF UNITS AND DELETING THE REFERENCE TO SUBSECTION 2.08; SUBSECTION 4.04.06, SIGNS AND MINIMUM OFF-STREET PARKING, BY ADDING A REFERENCE TO COLLIER COUNTY SIGN ORDINANCE; AMENDING SECTION VIII, GENERAL DEVELOPMENT COMMITMENTS, SUBSECTION 8.02, DEW~LOPMENT COMMITMENTS, BY ADDING PARAGRAPH G - HURRICANE EVACUATION, BY PROVIDING FOR COMPLIANCE WITH THE ORIGINAL BERKSHIRE LAKES DEVELOPMENT ORDER; AND BY ADDING PARAGRAPH H - ADDITIONAL COMMITMENTS; BY ADDING COLLIER COUNTY PLANNING COMMISSION RECOMMENDATIONS AND STAFF STIPULATIONS; AND BY PROVIDIN$ AN EFFECTIVE DATE. t~' ltec#~ed: 11:30 A.M. - Re.convened: 11:45 A.M. at which time I~%~/ Clerk Hoff~u% replaced Deputy Clerk: Guevtn *'* f oo 34 Page 16 June 11, 1991 Zt~ ~l OI~D~NANCE 91-46, ESTABLISHING A BII,LING AND COLLECTION PROCEDURE FOR COLLIER CO~ITI"I PROVIDED HEALTH RELATED SERVICES (EMS AND HRS - COLLIER COUNT~ PUBLIC ltKALTH UNIT) - ADOPTED; STAFF TO PREPARE AMENDMENT TO RESOLUTION FOR HEALTH UNIT RE ADMINISTRATIVE FEES/LATE CHARGES Legal notice having been published in the Naples Daily News on May 22, 1991, as evidenced by Affidavit of Publication filed with the ~.~i Clerk, public hearing was opened to consider an ordinance establishing ca billing and collection procedure for Collier County provided health related services. ,- Emergency Services Admtntstrat.ive Manager Griffin requested that ,~::::~:"':: the Commission adopt an ordinance .:stabltshing billing and collection ,. i procedures for Collier County provided health related services for the Department of Emergency Medical Se:~vices and the HRS Public Health Unit. He explained that the fees .::ollected by EMS are necessary to support agency operations and to k.ep ad valorem tax ~ubs/dy as low a~ possible each fiscal year. He noted that the similarities in service provlston and in billing and collection needs between EMS and the HRS Public Health Unit suggest that it would be in the County's best interest to have an ordinance promulgating standard billing and collec- tion procedures for these health related services. He reported that it iS anticipated that greater efficiency and consistency by maxi- mizing resources and avoiding duplication in this process is the desired result from the adoption of this ordinance. has been an increased usage in credit cards for payment of ambulance Mr. Griffin pointed out that Ordinance 81-75 creating Collier COUl%ty EMS will remain in effect and will be updated, where appropriate, for Board consideration at a later date. In answer to Commissioner Volpe, Mr. Griffin advised that there bills and it appears that the prlma~'y r~a~on for doing ~o i~ due to Instituting a late fee for those persons who are more than 30 days :.':. late in paying their bill. He cited that there has been a more posl- ':, rive and faster cash flow due to lhe increased usage of the credit cards. ", ' Page 17 .Tune 11, 1991 :~Nr. Griffin stated that the proposed ordinance ~uggests language that on an annual basis, staff may come bf:fore the Board and through the adoption of a resolution, some of the uncollectable accounts may be written off. He noted that the unco]lectabl~ accounts receivable has accumulated to approximately $$ million during the past ten years. Assistant County Attorney Manaltch advised that the adopted Resolution for the Public Health Unit does have a foot note that men- ttons that additional services or fees may be added without formal amendment if the cost for the service does not exceed 10% of the , .~highest service cost t~ the fee schedule, however, the County Attorney's position J~ that lhe R~so]utJon should b,? ~m~end~d and specifically state any late charge so there is rio doubt whatsoever. Public Health Unit Business Manager Evans e;~plalned that the fees for personal health services are those associat~d with the proposed ordinance. He indicated that fees are based on a s.1tdlng fee schedule and an administrative fee will be Included in the fee schedule through an amendment to the Resolution. He stated that th,~ Productivity Commtttee's recent review of the Health Unlt's operation supports the '.~.;formal billing system as it becomes more mature. Mr. Evans expressed that the basic goal of the Joint ordinance to develop consistency as to how the community :is approached relative :tO their responsibility to pay for health relat~:d servlces provided by the County and its Agencies. In response to Commissioner Volpe, Mr. Evans replied that the Public Health Untt's collection rate is approximately 66%-78% of the actual amount that is charged to the individuals, noting that the uncollectables average approximately $30,000-$50,000 per year. Attorney William Donoven of Ruby and Donoven, stated that hi~ specializes in assisting people who have been injured in vehtcu- · parties. He noted that at any given point in time, his firm may be ;!i{.haJldling between 100 and 200 individuals at one time who have been involved in accidents. He indicated that the a!~gregate total over a Page 18 June 11, 1991 assisted. '~ Attorney Donsvan explained that procedurally, his firm provides EMS with a letter of protection, Indicating thai. they w[l] protect the bill for services rendered out of any settlement that ls reached fn ' the lawsuit. He cited that the problem Is that cases are not necessarily settled within 30 days and in many instances it may be as long as 18 months to two years before these matters are resolved. He '. Indicated that the majority of his clients who have been Injured in f ,' vehicular accidents are the bread wlnne~s in the household and generally, they are unable to work and do not have a source of income care .~:'.,,i.:- to take of themselves and their families. ~'~ ' Mr. stated that generally, 80~ of the ambulance bill is :'~' Donsvan paid from the PIP Insurance, leavln!~ a balance of 20~. He noted that recently, his firm has been receiving from EMS, delinquency fees which ;i!~::, have amounted up to as much as $40 on a bill that is only $20. He indicated that this creates a probl,.~m with regard to the folks that do not have the ability to pay. :~ 'Attorney Donoran pointed out that the proposed ordinance Includes a sentence which reads: "A payment plan will be available for past due bill recipients and each provider shall establish and administer a p&¥mln~ plan." In addition, he noti~d that th~ o~dlnance lndtcat,s : that if there is no payment established, a del.inquency fee will go out every 30 days. He quentin)ned whotheir' a ]~_.t I~r' ~f proI ~ct ],~n ,:laid be y.~ considered a payment plan and thereby alleviate,· the $10 delinquency EMS Billing Supervisor Wampler affirmed that his agency has ]j:, enjoyed a very good relationship with Ruby and Donsvan but noted that ::'-;'...the pl'oblem with the letters of protection is ~:hat a sub,~tantlal amount of money is being carried with regard to attorney firms. He expressed that It was felt that It was unfal~ to ~sk the taxpayers or )&tisnts to be paying their bills wtthtn 30 days and to allow attor- continue on for a longer period of time. He stated that the ~,;;~ ;?~'~ ...... June 11 1991 aS a payment is ~eceived every 30 d~ys ~"/~.:~ ~ ~mm~le~ explained that In some Instances the litigation amount is for a lesser amount than what was requested and consequent]y, the f~m may come back and advlse tha~ only a cez'taln percentage was ~mce~ved and may ask that the bill be reduced He indicated that the b~11s c~no~ be ~educed and he does not believe that it is unreaso- nable to ask the patient to be~in ma~ktn~ payments while the litl~ation :::' ~torney ~onov~n replied that the cost ~or uncollected money the State of Florida Is established, ab,;e~c~ of ~;ontl'acL, by Interest, ~d noted that he has no problem with this, but if in the ~;:f~tu~e, lett~r~ of protection .r. pravld.d h. do.. not f..l It to assess a delinquency fee. M~. Wampler advised that there have been a great number of letters .~}of'p~Otectlon on the books. He revealed that slnc,~ the policy has been changed and the attorney fl~ms or the patients have been asked to begin making payments or a fee would be assessed, ~aany ]etters have been recetved from firms indicating that they no longer represent a client. te~s of p~otectlon should continue to be accepted to which Mr '~,Wmmple~ replied In thm n.g~tlvn. There were no other Omtmmlo~t 8~~ ~vmd, seconded by Co~tmmlonm~ Sanders ~d ~IW ~l~l~, t~t thm Catty &ttotnmy'm offlcm p~epa~e ~s~":-~~ ~ ~~nt to thm Rem,~lutton ~mlatlng to the fm [~ t~ ~bllc Rmmlth Unit, a'ad that th. Otdtn~cm mm ~ tltlm4 ~1~ W mdoptmd ~d en[e~md Into Otdlnmncm Book No. 44: AN ORDINANCE ESTABLISHING A BILLING AND COLLECTION PROCEDURE FOR OOLLIER COUNTY PROVIDED HEALTH RELATED SERVICES; PROVIDING FOR Page 20 ~'I~TES, FEES AND CHARGES; PROVIDING FOR BILLINGS AND COLLEGTION ; PROVIDING FOR MEDICAID AND MEDICARE BILLINGS; FOR INDIGENT BILLINGS; PROVIDING FOR ALTERNATIVE MgTI~ODS OF PAYMENT; PROVIDING AUTHORITY FOR COLLIER COUNTY IiEALTH-RELATED ADMINISTRATORS/DIRECTORS AND THEIR DESIGNEES TO FILE OIVIL ACTIONS IN SMALL CLAIMS COURT; REPEAI,ING PREVIOUSLY ADOPTED RESOLUTIONS; PROVIDING FOR CONFLIOT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. ~~I~ el-450, ~ ~ITION CC5L-91-2, ROBERT L. DU~ OF HOLE CO~ ~~ION SE~A~ LI~ ~I~CE FOR ~OP~ LOCATED ~ $IDg OF ~ORE ORI~ (50~$ 16, 17 AD 18, BLO~ A, C0~0RS V~ILT B~ ESTA~S) - ADO~D S~JECT TO STI~TIONS ~~ ~ C~~CE OF 10' EAS]~ FOR BEACH WAL~AY Legal notice having been publlshed in the Nap]es Daily News on May , as evidenced by Affidavit of Publication filed with the public hearing was opened to consider P~t~t~cn .Julius Ftske, represented by Robert Duane of Hole, Montes & ,:.;Inc., requesting a variance from the Coastal Construction Line (CCSL), to allow the construction of a condominium with spa and deck area; parking and associated driveway; and a boardwalk to access, for property located on the west side of Gulfshore approxlmately one half mile north of Vanderbilt Beach Road bet- exlsting condominiums, Casa Grande to the North and dcastle.to the South conststlng of 1.8 acres, Lots 16, 17 and 18, A, Connors Vanderbilt Beach Estates. Environmental Specialist Worsham advised that this item is a ~eoo~e~d&tion for approval of a s~tback variance to allow construc- 'a multi-family structure, associated parking, pool and deck extend approximately 50 feet seaward of the adopted CCSL, !o~:p~operty located 1/2 mile North of Vanderbilt Beach Road and acent to the Sandcastle. He noted that there will also be a dune ~ossover which wlll extend approximately 113 feet seaward of the 'CCSL. He Indicated that the adjacent structures on each side sub3ect property form a contiguous line of established , ¢onslstent with this proposal and staff recommends '~' -'; / UO()~,~r.~r.. ~1 Page 21 Worsham reported that the Petit~oner intends 1:o revegetate the .compliance with (the Department of Natural R~sources require- to Commiss$oner Vo:lpe, ~r. Norsham ind$cated that as ~o whether ~he placement o~ the structure 50 feet back iga~ing the dune wou~d have a positive or negative effect on r~Vo~Pe pointed out that 0b~ectlve ~.48 of ~he /Conse~aklon ~emenk of the Growth Hanagemen~ P~an ta~ks about seaward of the CCSL wi~ be a~owed for public access. whether ~he proposed variance a~o~s for additiona~ beach access. ~r. ~orsham replied tha~ there ~s no add~t~ona~ access proposed, but adequate public access has been a~ong V~derbi~ Beach. He noted that the ~imi~ing factor :~here is no p~ace ~o park a vehicle. ::C0~iss~oner Vo~pe s~a~ed that this property ~s one of the ~argest par'ce~a of ]and on Vanderbl~ Beach and the beach access points ~h~oughou~ ~he unincorporated area of the County are being ~os~ due ~o v~cat~ons o~ previous~y dedica~d beach access. He suggested that be,some t~e o~ dedication fo~ additiona~ public access even be 5~-10* for a person wi~h a beach chalr ~o access the Roberk Duane of Ho~e, ~ontes and Associa~e~, ~nc., stated "~ha~':'.he is in agreement with staff~s recommendation. He noted structure as proposed Is consistent ~lth the estab~ished pa~Lerns ~h~,~buildSngs up and down the beach. Akkorney George Vega s~a~ed ~ha~ he believes that ~here are ade- ?beach access points in this area. ~n response to Commissioner he.advised ~hat he wi~ inform his c~ient of the reques~ texan adenate easement to be utilized as a beach ;There were no other speakers. ~d, aeconded ~ Co~isstoner Sanders ~d J'~ne 11, 1991 uz~ni~ousl¥, to close the taiblic hearing. ...-..:,--~~tQner Ruse ~, secor~ded ~ Coatsstoner Vol~ ~d '~ly, that Resolution 91-450 ~ adopted, nbJect to ~tlff~s stt~llti~, ~ th~ additional condition that the petitioner 0~: ~t a eit~r slt~ of the stnc~e to ~ utilized Page 23 ~SOL~]TION 91-451, R~ PETITION SNR-91-3, COMMUNITY D~."FELOPMENT ~~ D~SION RK~KSK~IN~ ~ BO~D OF CO~ CO~ISSIO~RS, ~~~ A ~ N~ C~GE ~{OM I~ERIAL COURT ~ I~ERIAL DRI~ ~ ~~T CO~T IN ~ P~ PLACE ~ST SUBDIVISION, LOCATED SO~ OF ~I~ GOLF CO~SE DRI~ - ADORED S~CT TO SIGNAGE I~ICATING ~I~T CO~ NOR~ ~ ~IZTOC~T CO~T SO~ ..:...Legal notice having been published in the Naples Daily News on May (-/96, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened I:o consider P,:t]tlon SNR-91-3, filed Development Division representing the Board of County [ee~oners, requesting to rename Imperial DrJue and Imperial Court %: to "Aristocrat Court", located So~lth of Imperial Golf Course Drive and ~East:.of U.S. 41. 'l~r Mulh~r~ ~t~ted that tht~ Item t~ a reque~ for a s~r~et Court" and "Imperial Drive" were approved by County Staff, and subsequently plal I'.d arid r,~ccJ~d~¢! In l',]b] Jc: R,~c:o~d,~. H,~ r,¢,t~d that during a subsequent review of the street names by Emergency 911, ~;~ .. determined that these stre,~t name~, as platted, may cause con- '~'fu$lon for delivery of Emergency Services. He stated that the platted '.road An question is horseshoe shaped and has two separate names. He .that for this reason Emergency 911 requested that staff lnt- !'~ t~ate a street name change. iiil/, Commlssloner Hasse suggested that in order to alleviate further %f~elon, that sl~nage on Aristocrat Court reflect "Aristocrat Court '.North". and "Aristocrat Court South". ' -,' , There were no speakers. ~hmnahan moved, ~econded by Co~te~loner Saunders and to close the puhlic hearing. '' C~ssioner Shanahen moved, ~,econded by Commissioner Hesse and y, that Petitio:~ S1~-91-3 ~ approved, there~ ~'~/(;.':;:' ;~t~ ~olut~ 91-45~, with ll~tage lndtcatlng "Arlstocrat Co~t Court Pa~e 24 June 11, 1991 SETTLEMgNT AGREEMENT - APPROVED AS REVISED Assistant County Attorney Wilson advised that the proposed amended '.settlement agreement incorporates ~,he changes as recommended by the on May 28, 1991. She explained that provisions that are no "".longer applicable have been removed, i.e. the transfer to a third party. 'i:.' Ms. Wilson explained that Mr. Lester and his attorney are recfuesting additional changes to the agreement. She noted that the County Attorney's Office has no objection to these changes, since they ;~" do not change the basic content or intent of the agreement. Ms. Wilson pointed out that sh,~ has requested from Attorney Berry, :%~.:.'recel)t of an affidavit from Ms. Leslie, acknowledging that she has the agreement and that she will be bound by same. She indi- cated that the agreement does provide for the County to repossess the horses If they are neglected or mistreated. She stated that a will be included in the agreement which references the affi- davit and that the transfer to ~s. Leslie is contingent upon her agreetrig to inspections of the hor:ses and if they are mistreated, they ?<.tll be repossessed. She noted that the affidavit will be updated in ..order to incorporate any revisions to the agreement which may be made '~i-!i:!Asststant County Attorney Wilson divulged that Mr. Berry's office · >.-has been advised of deficiencies that have been discovered by Animal trol Director Staudemeler with regard to the Arabian horse transfer !'i'documents. She indicated that when the actual transfer takes place, all the original documents and the cashlets check will be transferred ithe County. Commissioner Shanaban read into the record, a faxed letter from Isle of Capri resident, Bea Sch~rmerhot'n, quest. lonlttg why the ~'~'Commtsslon would consider a second agreement when M]~. Lester did not ii.labide by the first agreement; and citing that the horses should not be to Hendry County since the Humane Society from Collier County Page 25 June 11, 1991 ;~..:Co~tsstone~ Saunders recalled that at the last mneetlng, he argued ~:.. ~. been paid but was placed in escrow. He expressed that his concern was to m~m sums ~hat ~he~e would be an Inspection period during the time ~Ms. Leslie had the ho~ses and Mr. Be~y has agr,}ed to same. He ..~nd~cated that as long as the County obtalns the fun,~s it is entitled ; ~o, the ho~ses are transferred in an app~opriate manne~ and if the '" ~mmne Socte~y can send a pep~esentatlve along (hlptny2 the inspections, :/:.:: he has no problem with the Agreement. Ms. Wilson ad'/Jsed that provl- slonI have been included In the Agreement for all th,gue things ~lon~to M~, Be~y p~ocu~lng the affidavit fpom M,{. Attorney Gerry Be~y, ~ep~esentJng Donald [,este~ called attention : to Paragraph 3 of the Agreement r~ga~dlng quart,~r]y Ir, spectlons. He ~ suggested that ~hls lan~age be changed to ~eflact inspections taking -:.. [lace'every two months. He offer{}d the following ve:pblage to be 'lnse~ted afte~ "habitat": : :..: .. [on of Ms. Leslle". ~ead as follows: pmovtded all expenses fo~ maintenance of the horses have ?*~'~"~:~" A~torney Be~ry polnted out that there has been a ma3o~ change to ~t'- Pama~aph 4 and suggested that lan~age be included which allows a 10 W~ltten notification advlslng that the~e seems t~ be a p~oblem . . g to the dete~tomatton of the ho~ses and brought before the ~?~/ Con,Baton to make the dete~minat ion as to whether the ho~ses should ;~':' rMr. Berry stated that a new Paragraph 5 should be added with the agreement and will b,~ bound by same. Berry explained that the .la.t line of Paragraph 10 should be · chartgad to: "the horses are bein!~ ~,nd have b~en well "up to 12 months that the horses are in the He requested that the language In the next "Any and all proceed~ froin said sales, as Page 26 June ll, 1991 i'i~ '~' "Attorney Berry called attention to Paragraph 1! which may be sconstrued that Ms. Leslie would not be able to sell the horses lin~,the 12 month time period and requez3ted that the language be as follows: "However, notwithstanding any ltn~ited time periods referenced herein,..." '<~01~11tetsAonar VOlpe suggested that the Agreement lhclude a require- "the Petitioner receive 8 copy of the document transferring ownership of the horse to Ms. [,e~lt~,, and .~ny dnc.mentation with regard to m subsequent transfe~ by Ms. [,eslt~ %o whomever. ~lr. Berry ~tated '.~h'~t he ,does not believe that his c] tent' would have a prc)bl.m with 'ard to providing a copy of the bill of sale, notini; that he will call Mr. Lester and so advise. He remarked that Mr. Lester has ~ontrol. over Ms. Leslie subsequently selling the horses to parties ./future. Mr. Berry reported that he and Ms. Wilson do not agree with Paragraph 9 of the Agreement. He explained that the horses have been i'(:~.the name of a corporation which ]s now defunct and Paragraph 9 addresses ~his. ~ ;,:/:i In answer to Commissioner Hesse, Assistant County Attorney Wilson ~ained that she does not know wh~,t the f]nancSa] ar~'angements are the sale between Mr. Le~;t,r and Ms. Leslie, but in any event, if Mr. Lester gets the hor,e~ back, he l~ in breach or this Agreement. She indicated that if there is a breach during the ~2 period, the County should not have to wait and refi]e. Commissioner Saunders stated that if there is a breach of the * agreement within the 12 month period, but the County has been paid all monAes due, he questioned how the language An Paragralph 9 affects the County's right to repossess the horses. Ms. Wilson replied that the ~ sale to Me. Leslie is contingent upon what happens during the 12 month and It could be argued that the sale is null and void if the ~are mistreated during that time. Attorney Berry requested that ]Jne 8 of Parag~'aph 11 be changed to ;;~read: "by any family member within the control of Donald E. Lester"... Page 27 000 52 Co%lnty Manager Dotrill stated that the Lester family has been in horse business for years. He cautioned the Board that it is that a distant family member from out of state could maintain %.ownership of these horses and they would be back in th,~ family. .'!~...:,) Attorney Berry replied that if this case goes to trial and the ~?~count¥.loses, the horses would go to auction and it would not preclude f~ily member from purchasing the horses. Assistant County Attorney Wilson advised that the language in ~&graph ~! is not one of the paragraphs that was to be debated at ?t~day's meeting. She noted that the language in Paragraph 11 is an · attempt to resolve the questions that have been raised by the multi- :~ude. of phone calls from people in the community expressing concerns '~.~ii'about Mr. Lester's far reaching influence over family members and other people of the horse community. She recommended that the ~.l~%lage in Paragraph ll remain as written. Attorney Berry agreed to have this language remain as written. Reiterating previous comments regarding Paragraph 4, Attorney offered the following: "Any treatment of the horses that causes deterioration of the horses health as determined by the Co~nty~e representatives an a re~Lult of the County'n lnopectl~)nn shall entitle Collier County to repossess the horses. Any repossession by Collier County must be p~eceded by prior written notice to Ms. Leslie that such repossession is going to take place. This req~lired w~itten notice must be given sufficiently prior to any ":'.intended repossession that Ms. Leslie would have an opportunity to address the Collier County Commissioners in regular public session .iprior to the actual reposession taking place. In any case, no less X0 days prior written notice would be required before any :['i~eposseseion would occur." ?,i: i.Ms. W~lson stated that she has no problem with giving Ms. Leslie a notice to cure if she has been notified and this would allow :/her to present to the County's representative any explanation for what to be mistreatment but may not be. Page 28 June ll, 199! County Mana;;er Dotrill lndlcal:e~d that If this 1~ a due process ,iproviston which allows Ms. Leslie to appeal to the Board ~n a public leis~on with other testimony, he sees no problem. Co~ss~one~ Saunders pointed out that when Ms. Leslie takes .possession of the horses, she is under the restrictions of Hendry J/.C~unty's Ordinances and the Florida Statutes and if the horses are 'mistreated she will be subject to the same criminal s~lnctions as anyone else who may mistreat animals. County Manager Dotrill advised that he received a copy of a letter from Mr. Lester to Mr. Berry, dated June 10, 1991, ensuring the instructions to Attorney Berry regarding the amount and the release :pFovis~ons of the certified check. He stated that it appears that Mr. ::!:' B'erx-f. is not to release the check until such time that he receives a written order from the County Mana~ler, releasing the horses to Ms. ~"' Leslie. He questioned whether there ~s any particular form of that ~.!!:i:. agreement and if there is not, Mr. Berry will be receiving a letter Indicating that the Board of County Commissioners on this date has .:~. authorized County Manager Dotrill to release the horses subject to all ~::;- ' the terms and conditions in the Agreement having been met He noted · that the effective date will be through the close of business today, and.assuming the horses are not picked up three days from now, the balance due will be based upon a per diem rate. Attorney Berry remarked that he has no problem with this. He ted that his interpretation is that if an agreement is reached he will be presenting a check to the County today, but if an agreement is not reached, the money will not be remitted today. (i:i.('i" Ms. DeLois Jacobs of the Collier County Humane Society, recalled that two weeks ago mention was made that the selling price of the hot- ~s $27,000. She questioned how verification will be made that 'this.ils the actual amount to be paid for the horses. Commissioner ~.' ,Goodnight advised that the County will receive a bill of sale. Ms. Pat Pilcher noted that the two horses that will remain in the w~ll be transferred from gel Acres Arabians, Inc., which is a Page 2 9 .~?defunct. Louisiana Corporation. She pointed out that the horses that iwtll be going to Ms. Leslie will lie transferred from Donald E. Lester, _{Zn¢.~and questioned where this col'potation comes from. She indicated that as of this morning, this is riot a registered corporation in ':'Florida and there is no Occupational License in Collier County for ~h'~m, corporation. She asked who will be paying for the registration fees for the two horses that will remain in Collier County, to which ~'.~.iCount~ Manager Dorr~11 replied that in the event that the County i'des~res to have the two horses registered, the County will incur these costs. Ms. Pilcher explained that it is standard procedure for the seller to pay these charges even under the most normal conditions. i' Ms. Astr~d LaBorenz voiced concern with respect to the agreement. "She questioned how Ms. Leslle, who llves on five acres of property ' ' wlth 3 acres of pasture wl.ll be able to take of the horses. She suggested that the Commission scratch the proposed agreement and {11ar~ange something so that the horn;es could be sold individually w~th ~f~'..the ~umane Society being involved to find good homes for these an]- · lals. She stated that Mr. Lester is responsible for paying the cost of the feed, regard/ess of the amount of the sale of the horses and if he does not pay this bill, a lien should be placed on his property. She.requested that the Commission vote against the proposed a~reement. Mr. Jim McGrath recalled the events that have transpired since 'the. Animal Control Department inspected the hors~:s after receiving ',~Complatnts that the horses were starving. He Indicated that Mr. J~Staudemter provided Mr. Lester with a plan on how he should approach '~ :feedlng the horses to bring them back to good health. He po.tnted out 'that upon relnspectton by Dr. Randall a couple of months later, it was · d~scovered that the horses were in worse shape and were starving to ;;,~ death. He expressed that the County is dealing with a person who has .~e'en forewarned and still continu~:d on the beaten path. i'i:~::iI Mr. Fred Edwards, President, (Jollier County Humane Society, suggested that consideration be [[;[ven to the horses belng inspected by ';.&':veterinarian prior to their release in order to alleviate anyone II~ [~OB~"V~t 55 Page 30 l:they were in bad shape or had a disease. He explained that :'..Stanley is the designated representative from the Humane Society but he has been very busy and has refused to receive reports of the ~ecttons as stated tn the agreement. He requested that this e be chenged to re~d "a design~ted representative of the Humane Society". ~'~: A~o~ney Be~y advised ~ba~ M~. S~an~y ~a~ been cbo;en s~ce be has ~ excellen~ ~appo~t with the Humane Society. He indicated that {?' he does not agree wtth the language as offered by My. Edwards and that no ~atte~ what Ms. Leslie does, "a designated rep~esen- ve of the Eu~ne Society" would find a p~oblem with same. ~.~['~o~ts~tone~ Goodnight stated that Mrs. Audrey Johnson from ~[{~okalee received an award several years ago for her outstanding Job .~.~:'Jn ~nt~al Control, and if agreeable, she may be willing to be involved the inspections of the ho~ses. .. M~. Edwa~d~ stated that he would like to see the language in the //.agreement state that the horses could not be sold to any relatives, :';": '/~dless of whether they were the second or third cous]ns. ~':. There were no other speakers. [~ter of the follo~ing chan~l~e to the Agreement: Nrs. Audrey the desisted representative; Paragraph 11 to remain as ~,/,~tod=:ParmgTaph 3 to be changed to reflect inspections ever~ two ~o~thsi~ li~ of q~rterl¥ tnsl~ottona; Paragraph · language is to be allowing for the 10 day notice for Me. Lester to appear Board and verify that she has not allmeed the horses to ?'[b~'o~S::tll; a.btll of sale to be provided regarding the transfer of ,.of the horse~ froa ~r. Lester to Ns. Leslie and fro~ ~. any future owner; Para~aph 9 l~age to ~ mnd~ to state ti~t Mr. Lester loses the corporation defense following ,':~t~t~l of tbe c~e but not during the 12 month wtndo~ p~rtod. :-~-,'~"-'"'~*~ ~tl tte~ ~ further discussed later in the ~ttng *** Page 31 ":~ June ll, 1991 ~.~.e.~-~.~:: 3:05 P.N. - Re,:onvened: 3:20 P.M. at which ':,01v~'k ~evtn replac,ad ~ty Clerk Hoff~ ~. :.' ~~ gl--47 ~ ~~ OF ~BLIC ~ZS~CE ~ ~DATING ~u'.~"~ ~BI~ ~R ~OV~ OF VIO~TI~ AC~TIONS OF Legal notice having been published in the Naples Daily News on May ~:.;~ 22, .1991, as evidenced by Affidavit of Publication filed with the , public hearing was opened to consider an ordinance relating to 'the control of litter, weeds and public nuisances. Dick Clark, Code Enforcement Supervisor, presented an ordinance '~'.that' consolidates three current ordinances dealing wlth abatement programs. He said the proposal will allow the placement of downed J~trees and vegetative growth in an excavated earthen depression not to exceed three feet in depth, on sites in Golden Gate Estates. He explained Staff has asked for that provision because the construction has expressed concerns with the cost of removing the material landfill, which they in turn must pass on to home purchasers. ~:'He advised that $8,000 to $12,000 would have to be absorbed by poten- .ttal home buyers to remove the material from the homesite. He added ~f is trying to limit that method of disposal, because it repre- sents a substantial addition to the bulk In the landfill. f}t":Coa~lissloner Shanahah mentioned many empty lots contain Australian Pine trees which become a nuisance to neighbors in a number of ways. ~ :.He asked if the proposed ordinance, bas a provision to control ii. Au~tl~altan Pines? Mr. Clark refe;.red to page 10, paragraph C of the ".~dtnance which allows the accumulation of prohibited exotics to be declared a public nuisance when located on unimproved property within J~eet of Improved property. Mr. Clark continued with an ~,~ip]an~[ it,r, of another provia|on added ',Staff in response to a request by the Sheriff's Office. He stated of gl'ass, weeds, etc., in excess of 18 Inches is now - deolared a public nuisance when ]oct, t~.d on any unimproved property :~iwtthin 500 feet of improved property. He noted the difference is the Page 32 'provision requires the mate'.-ia] to be within a :-scardad or 'scardad subdivision. He said this will allow Staff, when notified e Office of a high crime site, to require the property to remove the public nuisance. y, representing the (;olden Gate Builders Association, organtzatton's support of the proposed ordinance. ~01~tS Erickson, Attorney for the Golden Gate Contractors ion, said this ordinance is one of th~ Immediate concerns of ]formed organization. ~e advised the Golden Gate Estates adequately dealt with by the current ordinance, and ~lattons were occurring in that area when clearing lots. He concluded that the builders and contractors ~n Golden Gate Estates are that this ordinance as proposed will be adopted, thereby ~11owlng people to continue building in the same fashion they have moved, ~econded by Commissioner Saunders and :~t~1¥, to close the public hearing. C~tss~oner Hasee moved, seconded by Commissioner Shanahah and '(~U~I~UII¥, that the Ordinance as numbered and t~tled [mime into Ordinance Book 44: ORDINANCE 91-47 ..?....AN. ORDINANCE RELATING TO THE CONTROL OF LITTER, THE UNLAWFUL ~ .:- A~CUMULATION OF WEEDS, AND THE UNLAWFUL ACCUMULATION OF EXOTICS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; SETTING FORTH FINDINGS AND PURPOSE; PRDVIDING TITLE AND CITATION; PROVIDING APPLICABILITY, SETTING FORTH DEFINITIONS; DECLARING LITTER TO BE A PUBLIC NUISANCE; DECLARING UNLAWFUL ACCUMULATION OF WEEDS TO .BE A PUBLIC NUISANCE; DECLARING UNLAWFUL ACCUMULATION OF EXOTICS TO BE A PUBLIC NUISANCE; PROVIDING FOR THE CONTROL OF LITTER, FROVIDING FOR CONTROL OF THE UNLAWFUL ACCUMULATION OF WEEDS, REGULATING THE STORAGE OF ABANDONED PROPERTY; REGULATING THE STORAGE OF LITTER; PROVIDING FOR CONTROl, OF THE UNLAWFUL ACCUMULATION OF EXOTICS, PROVIDING FOR THE ABATEMENT OF NUISANCES; PROVIDING FOR ASSESSMENT FOR TIIE ABATEMENT OF NUISANCES; PROVIDING .~FOR.ENFORCEMENT PROCEDURES; PROVIDING FOR PENALTIES' PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCE 76-14, 84-83, 85-33, AND 89-66, PROVIDING FOR AN EFFECTIVE DATE. of,Item JlOA LEBTER S~TTLEM~NT AGREEMENT Mr; Berry noted after discussion with Mr. Lester, he is in with the proposal by the Board. He requestud one change in '" ~ ~00~'C[ 64 Page 33 ~ag~sph.~ regarding language added by the County Attorney'~ ,, "or has been or has acted as the agent or representative Lester". He said the problem is Mr. Lester has been in the for some time, therefore, that issue may become cloudy :a~se'of:past contacts. He suggested eliminating the above term, ~atstant County Attorney Wilson advised that ]anguage was made ~:i~agra'sment because of the issue raised of whether or not was actually an agent of Hr. Lester and whether or not '~acted as an agent in the past meant she was an agent. She said to avoid that problem in the future. ~tsstoner Shanahah inquired if Mr. Berry is suggesting that the "agreement now read, "who is acting as an agent", to which he con- Shanahah ~oved, seconded ~ Copin. toner Sanders ~d FDPO-91-2, FRANC~$ DIXONREQUESTING A VARIANCE FROM THE FLOOD ELEVATION AS REQUIRED BY FLOOD DAMAGE ~ION (FDPO) NUMBER 87-80 ON I~tOPERTY LOCATED AT 206 6TH STREET, (LOT 32, BLOCK E, LITTLE HICKORY SHORES, UNIT #2) - '~i[Legal notice having been published in the Nap/es Daily News on May 6,'.~!991, as evidenced by Affidavit of Publication filed with the hearing.was o~ened. to consider Petition FDPO-91-2, filed 'Dt'xon, requesting; a variance form the minimum base flood .Planner Mulhere explained Petition FDPO-91-2 ~s requesting an theefact variance of 3.8 feet from the required flood elevation i~ feet n~d to 7.2 feet ngvd. He reported this single-fam~ly home was or~ginally constructed in 1981, and at that time a pot- 'area below the first f~nished floor was enclosed as a area. He no~ed a bathroom was also constructed along slde the ~ 'area by v~rtue of a permit. He stated the petitioner .the s~ruckure in Auger:, ~990, and began renovating the g'storage area into additional living space. June 1I, 1991 During tenova- ,.a complaint was recetved by Compliance Services which ,ectlon with violations viewed. He advised Mrs. :was notified that she mumt ,rAther remove the vJolat~or, m or Ob~a~n'a variance from the requir,~d flood elevation. He noted that stated she was unaware of the need to obtain a building ~r~At and, had she attempted to obtain a permit, she would have been tAfied~lthat th~s area was below the required flood elevation and used for habitation. He said Staff has determined there is ~fAcAent Justification for the variance. He concluded that .recommending denial of Petition FDPO-91-2 and instruct the with the re~trtcttons of the FDPO, Including )lacAn~ all electrical switches in outlets above the minimum required i. flood elevation. He added pursuant to FDPO 87-80, that this portion cannot be used for habitation and caa be used for storage Saunders ~;ved, seconded b~ Co~m~eeloner Hasse and ~lman~monslF, to close the publlc hearlng. ~A~i~er S~nder~ ~ed, ~econded ~ Co~A~s~oner Vo~ and ~..~ly, ~o appr~e S~aff's reco~nda~ion ~o deny ~ittAng the c~tAnuation of the ~throom. 91-4~2 K~ PETITION PU-90-9, DR. N~NO J. SPAGNA, ~ ASSEMBLY OF GOD, INC. (CHURCH OF THE LMNG GOD), ~ION 0P ~ISIONAL USE "m' 0F ~ ~-6 DIS~I~ ~R A* ~ ~ ~ RE~T~D FACILITIES AT THE S0~REAST CO~R 0F Plier Arnold explained Petition PU-90-9 is a ~equest fo~ exten- ~* of~ the Provisional Use (PU) for a one-yea~ period of time. He .PU has not moved forward to the but]dincj permit stage and the Vo~pe asked ~ ~h~s petition ~s co~s~s~en~ w~t~ ~he ~okalee Master Plan? Planner Arnold responded An the affAr- that Staff is recommendin~ approval of th~s request. Page 35 June 11, 1991 $a~n~d~r~ ~ved, ~econded 1~/ Ccr~ss~oner Volpe ~d ~o &~1;~rov~ ~t~t~on PU-90-9, therein/ &~opttng Page 36 ~I~OI~UT~ON 91-4B3 RE PETITION PU-89-18, JAMES A. DAVIS OF COASTAL DI~I~ ~R ~0~ LOCATED SO~H OF BONITA BEACH ROAD (CR 865} A~~LY O~ ~ILE ~ST OF VANDERBILT DRIVE (CR 901) ADJACENT TO ~Pl~er M~lk presented Petition PU-89-Z8 =equesting an ex:ens~on "-"ha and an" of the "R0" distr~ct for property located adjacent tO'Little Hickory Bay. He said this petition was approved by the Board ~'~e'rmlta,marlna, boat ramp private club and a yacht club on 2.41 .... He noted the petitioner has submitted a maJo: Stte Development } for the proposal, which Iljustrates a 2 500 square foot ~a/snack bar facility, a d=y slip storage building containing 90 a boat dock with 6 war slips ~e reported this PU wl/1 "~xp~re on June 19, 1991, and the SDP Is currently on hold until all ~ermlts have been acquired. He concluded with a recommendation that .approve extension of Petition PU-89-1a. In answer to Commissioner Shanahah P]anne= Milk responded the ?pro~ect has been slowed down due to th~ ]=r~ot-hY l~ocess of obta[r, lr~U · ntal permits. Davis, representing the pet~ttone~, said a p=eltmfnary SDP was 'submitted and ~pproved by Col!l~r County, and th,y a~.~ Currer, t]y :lng to obtain State and federal permits, which are being held back P~oteOtton plan is p~ovlded. He mentioned numerous envlronmental considerations must be accommodated to satisfy the con- cerns of. various State and federal a~encles. II~er eh~mh~ ~d, e,econded by Co~lemloner Hasme and i~i~iy, ~o approve Peti~ton PU-89-18 ~he~e~ adopting Page 37 :-' ~ ". June 11, 1991 £ON g2--454 ]~E P~ITION PU-90-4, N~NO j. SPAGNA OF ~ ~ORIDA ~ ~, INC., ~S~IHG ~E ~~ ~I~ ~ OF ~I~,.' ~~ ~ION 0F ~0VISION~ USE ~c~ OF ~ A-2 DI~ AT ~ I~E~ION OF ~TTL~SN~-~OCK R0~ ~ C.R. Planner Bellows reported Petition PU-90-4 is requesting extension ~.._.PU due to financial constraints of the Mayflower United Church t~ $~ndert move~, seconded b~ Cow-ism~oner Shanahah to [~ ~ ~90-4. ~:answer ~o co~Lssioner Hasse, Dr. Spagna indicated ~he is ~oving along very we~] with a sizable building fund ~der. way. He mentioned they have requested approval from their .church, however, since they only meet twice per year, the 0f-~that has held them back. ~Co~issfoner Volpe commented when this PU was originally approved, was a question about access to the property He said that of C.R. 95~ will soon be four-laned, and asked If this PU will mpact.that project? Dr. Spa~na r~sponded in the negative' statinG nee the road to Lely Elementary School has been completed, It longer be necessary for the church to use C.R. 951. =all for the ~uestton, th~ motion carried unani~ou~ly, 0oo 75 Page 38 June 11, 1991" '~0~TN MANAG~ENT PI~N MONITORING AI~D EVALUATION MarErat Bowles, Growth Managem~:nt Analyst, explained the [4onl~ortng and Evaluation Report being presented for approval is bast- ¥'s annual report card on the progress made toward Jlementing Collier County's Growth Management Plan. She said 's'qtlantitative approach was taken this year that more clearly assesses been accomplished and what remains to be done to complete the inferlocal agreements, programs, document updates, -and'to ftntsh establishing the st~,ndards and crlterla defined In the Growth Management Plan. She noted since the Plan was adopted In ~ry, 1989, near]y 60% of all the objectives and policies are 3?completed or on-going, and the work has begun and is moving forward on '' those remaining. She recommended the Board accept and approve ~cond Annual Growth Management Plan Monitoring and Evaluation Report~ direct Staff to include additional resources identified under ~act in the FY 92 tentative annual budget, and direct Staff ~p~pa~e recommendations to either clarify, modlfy or adopt new ~oaches to fully implement the 93 ob3ectives and pollctes tden- ~i: tilted as problematic. She advised staff will report back to the e~her through the weekly a~enda, the strategic planning process Plan's amendment process. Commlssioner Shanahah inquired if $4,104,000 will be needed to ~l~ment the 22 objectives and p0llcles? Ms. Bowles replted those are the recommendations by Staff as to what would be needed to .fully Implement tho~ po/Jcleu. She mur~t l~m,d, howuvor, tim! 52~ of ,have been identified as pos~Jibly being funded by federal and .'e' ~evenue sources, and $535,000 may be funded by utility fees. · whlch is why Staff Is recommending to begin moving them the budget process. C'o~ssloner Shanahan relayed his concern with the 93 ob3ectlves Ill oco. ,: '79 Pa~e 39 I:i~that are problematic. He asked if Staff will be get.them completed? Ms. Bowles Indicated clarification may be .e~.&s. need~ng a map to sho~, what Is being talked about. i~g the language in the policy to bring ]t up to current r,. Or looking at the policy as a whole for a new, more economic ~;~%~~ Saunders moved, meconded by Co~m~ssionsr Shanahas and ~mmnl~y, to accept the Second ~ual e=~th ~ge~nt ~t~i~ ~ ~l~t~on Re~rt and appr~e Staff's reco~en- :~'.~'t~ ~glt process ~d ~d~ or adop~ n~ approachel to 93 objective ~d ~ltc~eo id~t~f~ed as problem- L~'f~TEV~~ ~ FP&L AND COLLIER COUNT~ FOR ELECTRICAL SERVICE M~ke Ne~an, Water D~recto~, ~resented a contract between Florida gh~(FP~L) and Collie= County to allow the Board to take ~ge of a new rate structure currently being offered by FP&L and dthe cost savings associated with that structure. He said approxtma- ~ly~'three years ago, he presented the Board wlth a similar contract "a~rta~lable rate structure which saved the County $~7,384 during ~{~ ~' power b~11 to run the Regional Water Treatment Plant. He ~s offering this new contract which is slmllar to the c~rrent contract, however, the areas that the County ~s currently ~=:'penalized for, equlpment malfunctions, a~e not covered unde~ this :."~: ~e said the difference is now FP&L calls when they want the :~tyto curtall fro~ their syste~ and with the new sontract FP~L e~p~ent ~nstde the Regional Water Treatment Plant and 0Perate the ~o~ty~ generators remotely fro~ their facilities. for thf~ a~fttonal cooperation, the County ~ill realize ~Oxi~ately another $25,000 sa~tngs on th~ electric blll during the Page ,0 ~ext~ear... June 11, 1991 ~ loved, seconded b~ Co!~tseloner Saundere and [y, to a~pro~l the contract between l?~L L~d Collier eml ~rvice to the Regional ~ater Treatl~nt Plant. June i'~AL AGREEMENT TO FINALIZE DESIGN OF TH~ TWO-LANE EXTENSION OF ~i:" ..~OODE~TT~-FRANE IM~AD (C~ICA ROAD, S0~ T0 I~~E R0~), COLLI~ ~" ~ C~ ~0~ ~. 019, WI~IN ~ISTING RIG~S-0F-WAY TO ELIMINATE ~: : ~~AY A~ISITION TI~ ~ COSTS, ~ TO MINIMIZE E~IRO~AL <.: ~I~ ~A~ ~ ~ILI~ CONFLICTS - APPRO~D Transportation Services Administrator Archibald presented a ~lemental agreement to the design contract for Goodlette-Frank -He said the project was begun in August, 1990, with the completion date of January, 199I. He explained environmental arisen which has held up the project. He stated the road- ... trates a wetland slue in the vicinity of the northern segment Ridge subdivision. He reported in trying to resolve the tonmental'problems that dealt ~rith permitting and being able to · <extend'the roadway through that slue, the County was given an option ~0nttnutng the project as a two--lane roadway, by changing some of alignments and grades and putting in a curvature of the :hrough a few segments. He advised this supplemental agreement g recommended by Staff for the purposes of doing the re-design :,to realign segments of the roadway. He said it a]so includes shifting of'the utility lines. He related ~he consulting firm of Agnolt, Brundage will be given an additional 90 days to start back complete the design along the revised alignment and also to the permitting necessary to build and extend the existing the way to Immokalee Road.- He mentioned an exposure of the relative to the environmental permitting of the subsequent two tin the future. He said the present concern, based upon environ- permttt~ng. is that the County can gain a nationwide permit to i[prooeed with this project as curtearly scheduled, to extend the two gh that wetland area, but there is no guarantee that later, is extended to four lanes that the County will be able it along the same align~ent. He noted Staff feels that 'h:,some future m/t/gat/on, the County may be able to either meet strain environmental requirements for the extension, or relocate the ~'~lre roadway If that relocatlon is driven by lar~d developm,nt to the Page 42 June 11, 199! ~west. He asserted the first priority is to extend the two- a~l~'!~roadwa¥ through this supplemental agreement, adding that Staff .confident that the four-lantnG problem can be solved in ~alternattve ways. He noted the fou~-]aning of that roadway ~ch~duled in the ~ive yea~ plan and most a~t~r:pa~t of the 10 yea~ timef~ame. He said Staff wfl~ rely on the ]~dholdlng~ both east and west of the ~oadway to develop in fashion as to solve the four-lanlng problem. [~.~n an~er to Commissioner Hasse, Mr. A~ch]ba]d responded that the original concept was to put the majority of roadway on the old embankment, however, adjacent ditches along both sides of the are. Jurisdictional and need permits. In addition to the ~e there. he said, there are connections to the east branch of the Oocohatchee R~ver and the slue that need to be crossed. to a~e the ~le~ntal A~ee~t to fi~lize Page 43 " FUNDS FROM WATER MANAGEM~-NT C.I.P. ]qYND 325 TO FUND 110 TO Mike McNees, Budget Director, recalled that the Board approved t ~t'~r'~thup of the Stormwater Util~[t%, in March, along with the transfer Sol~d Waste reserves to fund the start-up expenses. He ,r~ed ~/pon closer review of the reserves, Staff has determined tha appropr/[ate means for the start-up costs would be to use funds L~: .FK~d. 325; He mentioned this ~tem was pulled from the Consent]~ :because of a shared concern between himself and the Finance ~.He sa~d they both feel ~t would be more appropm~ate that rhea, )enses~be']incu=red in Fund 110, which ~s the Stormwate~ Management S~ ~, ~ec~d~ ~ Commissioner H~se ~d to a~r~e t~ recmendatton to tr~fer ~ ~~"~I~ ~ B~ ~TISED BO~ TO CO~IDE~ A~ION 0F AN OF A ~~ TO INCR~SE ~ ~I~ T~ L~ ~R ~ LELY GOLF ~A~S B~IFICATION M.S.T.U. · .Tom Olltff, Assistant to the County Manager, explained the Lely ~tcatton District has reque~ted some improvements. He said '". are two ways of accomplishing the millage rate they are seeking, o~ef~s by the Board approving the millage increase after recommen- of the advisory committee, and the second ts through a referen. dum to the members of the Lely Beautif/cation District. ,,~:'~ ~Comm~ssioner Shanahah commented he has received numerous phone .$'-from'Lel¥ residents asking the Board to consider a referendum, :ause the Lely Beauttftcatlon District has gone from one-quarter lill to one mill, and will now increaee to three mills. }[e recom- · he Board go to a referendum and give the people an opportunlt' if they want to take it to three mills for three years, Page 44 June Volpe, Commissioner Shanahen explained has collected one mill to spend for beautification. He ,.~he problem is the District has taken U.S. 41 and St. Andrews .'instigated a new design that will save huge amounts of .by:.the way it Irrigates. He advised they want to do the rest of same mannerS.however, ~t will cost $232,800. answer to Commiss~oner Volpe, Harry Huber, representing the )ital Projects, replied that he expects the referendum t-..$5,000, adding that figure wa~; supplied to him by Mary Morgan, ~or;of Elections. . to Commissioner Shanahan, Mr. Huber indicated the put. ~h~s ~tem ~t to get authorization from the Board to advertise hearing. He said the presentation and justification out at that time. }{e noted if this issue goes to ~ndum, ~it will make a difference on how the ordinance is drafted will also require a 90 or 120-day period of time before it can be (the ballot. ~e suggested that he be directed to prepare an both ways. one~:Saundere~moved, seconded by Commissioner Shanaban and to direct Staff to advertise a public hearAn~ ,d~r~doptAon of an ordinance incre&sing the tax levy for ~eautAficat~on N.S.T.U., and to consider a the ~ax levy. ADOPTED moved, seconded b~ Commissioner Shanahen and to mdo~t Budget A~end~ents 91-212 and 10N 91-28 -- ADOPTED · seconded by Conlsstoner Shanahen and F, to adopt Budget Amendment Resolution 91-28. Page 45 C~t~F!~CATION$ ~toner Volpe mentioned the Bluebill boat ramp site has beent isedi for sale as surplus property. He said there was discussion meeting of some alternatives because of the County's Iest{for additional beach access, He asked that those alternatives from Staff.be seen before the sale of that pro- ~dv~s~d'that any, consummation will be done by the e,added he will ensure that any alternatives are Incorporate · ..! tntq~the same report regarding bids received on the property. ;ommtsstoner Goodnight noted she received a legislative alert this !'.4 "i'. the Florida Association of Counties regarding needed action gtslatlon.concerning the National Voters Registration they are asking that the Board contact Collier County'& :senators to request their support for Senate Bill 921. She ~0rted the Bill will provide more than $25 million over the next 'ears to implement voters registration enhancement activities =ary.basts. She asked for'Board direction on whether to sup- 921. ' the consensus that County Attorney Cuyler include this sut 'June 18~hlagenda. ~m~ts~toner Hasle moved, seconded by Coalsstoner Shaneban -~n~mtmly, that the following Items under the con- ......... ~t*,mgwnda be approved and/or adopted: s., .#16&l .. ~ $C!~q)ULED FOR 8/13/91 FOR PETITION DOA-91-4, AN -'TH~:VINEYARD~ OF NAPLES# DEVELOPMH]~ ORDER AND TO IT IS A SUBSTANTIAL DEVIATION TO TIIE VINEYARDS OF NAPLES ORDER OF :'CAMBRIDGE AT PELICAN BAY' APPROVED FOR RECORDING pt the surety bonds as security to guarantee completion of the,subdivision Improvements. ths"recordtng of the final Plat of "Cambridge at .:Pelican BayS. ,'. :(F:" %'.'i '~ Page 46 $une 11, 1991 '~Authorlze the chairman to execute the Construction and Main- : (i~itenance Agreement. }~[[(?:.~:That no Certificates of Occupancy be granted until the required Improvements have received preliminary acceptance. ~T OF "~ LUg" - WI~ STI~ATIONS That the final plat not be recorded until the required tmpro- ." vements have been constructed and accepted or unt"i ,,pproved ~?':' ' security is recetved for the tncompleted Improvements : ....'" '; that construction shall be completed wtthJn 36 months of the ...... date of this approval. Authorize the Chairman to execute the Construction and 'Maintenance Agreement. iThat no building permits be issued until the final plat is 'i:': ~ recorded. prior to preliminary acceptance of the Infrastructure :" .')-for Lake Lucerne, the necessary drainage easements will be '!':'f"" ' recorded and the control structure constructed and opera- ";'"'"": '". ' tional. ::" '- '" See Pages ///~' //7 .tt4 ?~.:l-.-: ?i':';? ~t~. '.TKE 'F~]~AL PLAT OF "CORINTHIAN GARDENS AT WORLD TENNIS CNNT[~" '. ,]~:.~~ - WITH $TIPULATION~ Accept the Subdivision Bond and Maintenance bond as security to guarantee completion of the Subdivision improvements. 2. Authorize the recording of the final plat of "Corinthian ~::,,':.. Oardens at World Tennis Center" Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4.: That no Certificates of Occupancy be granted until the .~!'L ",.,required improvements have received preliminary acceptance. ~:~.'t~ OF A' TRANSPORTATION CAPITAL PROJECTS ENGINEERIN(~ ..~:.~:_~Tg~[T, PRO~D WI~[ R~QU~ST FOR PROPOSALS :O~.,Jl~ ~It~IC~S CONTRACT ~%~! DKLTA ASSOCIATES, FOR DKSXGN OF See Pages , /_~ '/~/ ' 000. :. §7 Page 47 June 11, 1991 TO PROVID~ ~ CAMP FOR C~ILDREN AT GOLDEN GATE ,800 D~NTAL IN~L~ANCE AWARDED TO ORAL HEALTH ~ ~ ~A~ SOLID W~ COLLE~I~ AND ASSt~ION AORK~K~ BK~KKN COLLI~ ~ORIDA WA~ ~A~ DIS~ICT FOR ~E ~S~ ~ ASS~ION OF ~I~ENANCE ~E~NCE 0F THE T~ AND CONDITIONS C0~AI~D AG~~ BE~ THE P~TIES DATED ~BRU~Y ~9, EASEMENT AG~EENENT ~R ~g ACQUISITION OF ~ P~ ~ZCIP~ S~ICES T~ING ~ B~FIT ~IT (SPECI~ 000 :~PZ~HZ~'Z~ZAL PARK ~ZCZPAL SERVICES T~ING A~ BE~FIT ~IT ~S~ DZS~ICT - IN~ ~0~ 0~500 See Pages~ ~~ B~ ~ARD OF C0~ C0~ISSIO~RS A~ U~C UALI~ SERVICES INC. SEE PAGE 268 Page 48 June 11, 13L"'Z~g&331.~ ~ ZNHA~"~ NOS. 56192, 39494, 36622, 28190, 43971 The following miscellaneous correspondence was flied and/or ~d:to the various departments as Indicated below: '1 hbllc Notice from the Re~latory Division, South Permits Branch, Jacksonville District Corps of Engineers, Departmen~: ... of the Army, re: Permlt Application No. 199100273(IP-CR), {:<~ Applicant: Collier County Board of County Commissioners. des to Nell Dorrtll, Harry Huber, and flied. Received 5/29/91 from the Traffic Department, Clerk of the Cl~cul~ Court, Audit of Revenue Collection activity. Fl']ed., : Minutes Received and Flied: Ma~co Island Beautlflcatlon Advisory Committee Minutes ~ ' ' of May 7, 1991. .',.'.".~:¥-:",: B. Collier County Planning Commission Aganda for June 6, 199I, and Minutes of May ~, 1991. Marco Island Beauttftcatton Advisory Cammitts,) Ajanda ..... :-' for June 4, 1991. ' ~. - Dated January 31, 1991, from the D~partment of Natural Resources, Final Order re: Application of Coastal Engineering Consultants, Inc., on behalf of Collier County Board of Commiesloners, for a coastal construction permit _. . Collier County; File Number DBS 88-208 CO. Copies to Nell Dotrill, Harry Huber, and flied. ~. Nott~ to Owner dat~d May 24, 1991, to BOO from H. K. . Corporation, under an order given by Jim Dean Masonry, for concrete pumpIn9 servfce for the Community Canter, Thomasson~ D~Ive,:. Copies to N~il Dotrill, Stev~ Ca,nell, John ~and flied, " 6. Notice to Owner to Collt~,r County frr~m Southern Sand and Stone, unde~ an order Given by Griffith Paving, for limerock ~:'..i.'~i-; ' at the Lely Water Treatment Plant. Copies to Hell Steve Camell, John Yonkosky, and flied. F1 rids Inc., rd g n y y~ h construct on, 8~.'::~, Notice to ~ner dated May 28, 1991, to BCC from Rtnker Materials, under an orde~ given by Sunshine Masonry, Inc., 9121; a portion of the Agriculture Cente~ In Immokalee. ' " . Copies to Nell Dotrill, Steve Camell, John Yonkosky, and No~'lCe" to O~e~ dated May ~2, 1991, to Collier County ""~' ' Government from Brtant Plumbing, Inc., under an orde~ given Page 49 ~?~.:?~i. :;= -~' ' June ~.!~::i'~ ~: all plumbing work as per plans and specs, and local building ~-,..;,:~ codes and requirements for the Collier County Agriculture ~.:Oenter, Immokalee Road. Copies to Neil Dotrill, Steve 0mrnell, John Yonk0#ky,. and Notice to Owner to BCC from Hendry Electr~c under an order Collier County Public Library, Central Auenue. CopJe~ to Netl Dotrill, Steve Camell, John Yonkosky, and filed. Meeker, Jr./NACM Service,~ Corp., for Mod~rn Welding Co., Inc., under an order glv,~n by ~obert H. Hart & Sons, for one i 6,000 gallon vertical storage tank at Fl(~et Maintenance Center; Collier County Bid Package Number 89-1499. Copies to Nell Dotrill, Steve Carn,~11, John Yonkosky, and filed. Notice to Owner dated May 21, 1991, to BCC from William D. Meeker, Jr./NACM Servtce,~ Corp., for MGM Petro Equipment Envlro, under an order given lay T.R.A.C, Service, for petroleum equipment and supplies for Collier County Barn Pro~ect; Col.lle~ County Bid Package Number :' 8~-1499. Copleo to Nell Dotrill, Stov, ¢:arnell, John .-'¥onkosky, and filed. ~3, Not]cs to Owr]~r d,,l~(1 May 72, ]f)~)~, t() I~ric ?~'(,m (hilt Steel Erectors, Inc., under an order Ulven by Lynch ./... Construction Co,, for erection of pre en~]lneered building at.{ ~,.'. $01~d Waste, Stockade Road, Immoka]ee. Cople~ to Dotrill, Steve Carne/l, John Yonkosky, and filed. . ~4. Notice to Owner dated May 15, 1991, to BCC from Tony Bowman Trucking under an order given by MD Hatwell Excavating, for ~Q~:.? materials, equipment trucking related service for the North /i:~ Naples Community Park. Copies to Neil Dotrill, John ;'..::'Yonkosk¥, Steve Camell and filed. ~§. Notice to Owner dated May ]5, ~991, to BCC from Tony ~owman ':' Trucking, under an order given by MD Hatwell Excavating, ,~.-?~.. materials, equipment trucktn~ related services for the East NaplessCommunity Center. Copies to Nell Dotrill, St~ve "'... Camell, John Yonkosky, and filed. Materials, under an order given by J D Masonry, for concrete,~ block, rebar, and related materials for the East Naples '~ - Community Park; Job 9138. Copies to Nell Dotrill, Steve ..... Camell, John Yonkosky, and filed. Notice to Owner dated May 29, 1991, to Collier County Government from Tarmac Florida Inc., under an order given by Sunshine Masonry Inc., for concrete and related materials forel. the Agricultural Ext Off Bldg Noc 1§08/9399 041891. Copies to Nell Dotrill, Steve Camell, John Yonkosky, and filed. 18, Notlc~ of Non-Payment dated 5/23/91, to BCC from WIll Ism Merchant, as attorney for Mid West Glass & Aluminum Products, ..~ .... Inc., pursuant to a contract with H.D. Rutledge & Son, Inc., I/... for storefront, olass, doors fo~ Collier Health Service Butldtn~ #BB4941CRT I01~9. Copies to Nell Dotrill, Steve ;~..'..-Camell, John Yonkosky, and filed. Notice to Owner dated May 29, 1991, to BCC from Simplex Time Recorder Company, under an order given by Hendry Electric, ..-for fire alarm equipment and/or labor for the Naples Library. -Copies to Nefl Dotrill, Steve Camell, John Yonkosky, and ~-..~-f~led. '-' 000 -100Page Notice to Owner dated May 30, 1991, to BCC from Mid West :' ' Glass & Aluminum, under an order given by Cornerstone General Cuntrs Inc., for storefront, doors, windows, glass and glaz ; per spec for the Immoka]ee Community Park. Copies to Netl Dotrill, Steve Camell, John ¥onkosky, and filed. ;;...~21. Notice to Owner dated May 30, 1991, to BCC from Mid West ;'"-~ Glass & Aluminum, under an order given by Cornerstone Genera~ ~.~ Cuntrs Inc., for storefront, doors, windows, glass and glaz ~ : per spec for the North Naples Community Park. Copies to Nell Dotrill, Steve Carne}l, John Yonkosky, and filed. ~,..:3 22.;. Notice to Owner dated May 30, 1991, to BCC from Tarmac .,:?~....,... Florida Inc., under an order given by T.R.A.C. Envlronmentali _.'::..,;,;.g.- S~rvice, for concrete and related materials for Collier Co/Trao, 2901 County Barn Road. Copies to Nell Dotrill, Steve Camell, John Yonkosky, and filed. Notice to Owner dated May 30, 1991 to BCC from Mid West Glass & Aluminum, under an order given by Cornerstone General Cuntrs Inc., for storefront, doors, windows, glass and glaz ~ per spec for the East Naples Community Park. Copies to Neil Dotrill, Steve Carne}l, John ¥onkosky, and filed. ?L. 24. Copy of letter dated Ma%, 31, 1991, to BCC from Sam J. t. Coldtng, Collier County Property Appraiser, re: estimate of~ the assessed value of non-exempt property for the current year. Filed. (Original to Budget.) Copy of letter dated May 31, 1991, to BCC from Sam J. Colding, Collier County Property Appraiser, me: estimated billing to BOO for the 1991-92 fiscal year. Filed. [Original to Budget.) :.126. Copy to BOO of letter dated May 30, 1991, to Lynn S. Bramlett, Department of Revenue, Division of Ad Valorem Tax, :"' from Sam $. Colding, Collier County Property Appraiser, re: .- proposed budget for the Collier County Property Appraiser's '~ Office for the period of October 1, 1991, through September 30 lg91 Filed. (Oriuinal to Budget.) '.'[J!:i]'27;.': Notice of Hearing before the Florida Public Service -* Commission, to Florida Power Corporation, Office of the Public Counsel and all other Interested persons, me: con- ttnuatJon of hearing in Docket No. 91-0001-EI: fuel and ..... purchased power cost recovery clause and generating perfor- - mance incentive factor (Crystal River 3 Outage); Issued: May, "."!~':';.'28. Letter dated May 22, 1991, to BCC from Justus W. Reid with Reid, Rtcca & Rigell, P.A., re: formal notice of a claim against Collier County DCC by Steven P. Crane and Rlnker · Materials Corporation relative to an accident that occurred on'April 12, 1990, thei]. File No.: R92-4012. Copies to Neil -., - Dotrill, Ken Cuyler, and filed. ,~...,'~29. Letter dated May 30, 1991, to BCC from Justus W. Reid with .. : Reid, Rlcca & Rigell, P.A0, re: enclosed Florida Highway ~ii~'~L.' Patrol Traffic Homicide Investigation report relative to ' McGltnchey vs. Rinker Materials Corporation; D/Accident: 4/12/90; their File No.: Rg2-4012. Copy to Ken Cuyler, and .:. filed. Letter dated May 23, 1991, to Chairman Goodnight from W. R. ~?~!:~.Trefz, P.E., District Secretary - First District, Department of Transportation, re: Section 03060, SR 45 (US 41) & Imperial Golf Course Boulevard. Copies to BCC, Netl Dorrt]l George Archibald, and filed. .... ' Page 51 ~:~P. AII. APPLICATION FOR ANTI-DRUG ~ FUNDS, AVAILA~L! OF' CO!~qUN~ AFFAIR$~ STATE OF FLORIDA ;~., There,.being no further busSne..~s for the Good of the County, the /. ?'/, .:. was.ad;!ourned by Order of the Chair - Ttme: 4:25 P,N, BOARD OF COUNTY COMMISSIONERS BOARD OF ZONIND APPEALS/BX OFFICIO GOVERNING BOARD(S} OF SPECIAL DISTRICTS UKDER ITS CONTROL PATRICIA ANNE~ CHAIRMAN:~ Page 52