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BCC Minutes 04/30/1991 R Naples, Florida, April 30, 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 Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: VICE-CHAIRMAN: Patricia Anne Goodnight Michael 3. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders James C. Giles, Clerk; Ellie Hoffman, Annette Guevin and Debby Farris, Deputy Clerks; Neil Dotrill, County Manager; Ron McLemore, Assistant County Manager; Ken Cuyler, County Attorney; George Archibald, Transportation Services Administrator; Frank Brutt, Gommuntty Development Administrator; Mike Arnold, Utilities Administrator; Russell Shreeve, Housing and Urban Improvement Director; Ken Baginski, Planning Services Manager: Robert Fahey, Solid Waste Director; William Lorenz, Environmental Services Administrator; Philip Scheff, Chahram Badamtchian and Wayne Arnold, Planners; Russ Muller, Engineering Technician; Keith Klpp, Recycling Coordinator; Sandra Taylor, Real Property Director; Sue Fllson, Administrative Assistant to the Board; and Lieutenant Byron Tomlinson, .~'~11:'Sheriff's Office. ol Page April 30, 1991 AND CONSENT AGENDA - APPROVED WITH CHANGES Comm/sstoner Saunders moved, seconded by Commissioner Shanahah and carried unanimously, that the agenda and consent agenda be approved wlth:~:he following changes: 1. Item #7B2 - Petition PU-89-26, Bryan L. Weber of SCA Development, Inc., requesting extension of Provisional Use "B" of the RMF-12 District for a Child Care Center for pro- perty located on the East side of Airport-Pulling Road (C.R. 31) 3/4 mile North of Pine Ridge Road - Continued to 5/21/91 (Requested by Petitioner). 2. Item #13A - To seek Board approval of Work Order ~n the amount of $24,760 for services under the annual architectural contract with Victor Latavlsh - Continued to 5/7/91 (Requested by Sheriff). 3. Item #16A6 - Recommendation to approve and execute a new lease agreement between Collier Enterprises Realty Group, Inc. and Collier County, for Growth Management Department's utilization of office space located at 3050 North Horseshoe Drive, Suite 176 - Continued to 5/7/9! (Requested by County Manager}. 4. Item #12C Moved to §G - Resolution requesting Citrus Exemption from Mexican Free Trade Agreement (Requested by Commissioner Goodnight). 5. Item #8A - Dwight Richardson re traffic signal at U.S. 41 and Imperial Golf Course Blvd. - To Be Heard at 10:00 A.M. Mr. John Keschl voiced concerns with regard to the weekly agenda as published in the newspaper and the fact that the consent agenda is not included due to budget constraints. He stated that he understands that legally, the Commlssion is not required to print the consent agenda in the paper, but noted that morally, the Board is obligated to give the public the right to view same. County Manager Dotrill explained that up until one year ago the Naples Daily printed the weekly agenda free, as a public service but a decision was made to change that. He reported that funds have been budgeted and attempts have been made to keep the costs down but there have been a number of meetings and very lengthy agendas. He reported that at the current rate that the newspaper is charging, over lO0~ beyond the budgeted funds will be expended this current year for advertising. He indicated that he has met with Messrs. Horton and Page 2 aprll 30, 1991 Wyant and the agenda has been moved to a classified ad rate, which is the lowest rate but the cost is approximately $500 per week to adver- rise the weekly agenda and this will result in about $23,000 this year being spent to run this one ad. In answer to Commissioner Hasse, Mr. Dotrill advised that on Wednesday, the agenda index is available to any member of the public 'desiring same for the meeting to be held the followinG Tuesday. Commissioner Volpe related that he has had a number of people com- ./~-; menting about consent agenda Items and requesting that various issues · .,~ be placed on the regular agenda for discussion. He Indicated that (.'~i. perhaps a policy decision needs to be made as to what types of Items should or should not be included in the consent agenda. Commissioner Saunders concurred with Commissioner Volpe's remarks. ,.{,<.~ > He stated that regardless of the cost, the entire agenda should be advertised. .">i ' Commissioner Goodnight stated that the policy will remain status · .~.. quo as to the way it was prior to last week and the consent agenda County Manager Dorrill reminded the Commission that at some point, }<-i'? . the budget issue will need to be discussed since money has been removed out of Contingencies for the past six weeks at an alarming rate. CON~ENT AGENDA - APPROVED AND/OR ADOPTED The motion for approval of the Consent Agenda Is noted under Item ~' $ REPORX - APPROVED motion for approval of the Clerk's Report is noted under Item ~21...~, IteB #4 MINUTES OF THE SPECIAL MEETING OF MARCH 5, 1991 - APPROVED AS ~D Commissioner Shanaban moved, seconded by Commissioner Hasse and carried unanimously, that the Minutes of the Special Meeting of March 09 5,'-1991.,.h~approved as presented. !'~:'." PR~ZON DZSZ~N~TING THR MONTH OF NAY, April 30, 1991 1991, AS OLDER AMERICAN'S Upon readinG and presentinG the proclamation to Mr. Tony Mahlman, Commissioner $hanahan moved, seconded by Commissioner Saunders and c~rri~d unanimously, to adopt the proclamation designating May, 1991, U Older ~rtcu's Month. 000P, , l0 Page 4 ~t~ April 30, 1991 PROCLAMATION DESIGNATING MAY, 1991, AS FOOT HEALTH HQNTH -,ADOPTED Upon reading and presenting the proclamation to Dr. Teitlebaum Co~isstoner Smunders moved, seconded by Commissioner ~olpe and carrl~unant~ousl¥, to adopt the proclamation designating May, 1991, Foot. Health Month. 12 Page 5 PROCLAMATION DZSI~I~ATING MAY 6-12, 1991, AS NATIONAL NURSES WEEK - Upon reading and presenting the proclamation to Pat Abbott, Director of Nursing, Collier County Health Unit, Commissioner Volpe ~ovad, ae¢onded by Commissioner Hasme and carried unanimous/y, to adopt the proclamation designating May 6-12, 1991, as National Nurses Page 6 April 30, 1991 SERVICE AWARD - PRESENTED Commissioner Hasse presented an Employee Service Award to Joseph Breeden for 15 years of continuous service with Collier County Commissioner Goodnight presented the following EMS employees with Phoenix Awards: i Kevin T. Potter (2) Gary Leshinsky '~; Debbie Swetgart Tom Ma~utre Jorge Aguilera Paul Weber '~J' Martha G~nter Frank Sur~ano E=~c Watson Juan Ortega 9~HIE~MENT OF VOLUNTEER FIREFIGHTERS OF THE OCHOPEE FIRE CONTROL DISTRICT ARD THE ISLES OF CAPRI FIRE DISTRICT - RECOGNIZED Commissioner Goodnight recognized the volunteer firefighters from visitors of Collier County Chris Middlebrook Glenn Krettzer June Wetckert James Landrum the Ochopee Fire Control District and the Isles of Capri Fire District for their achievement in receiving Florida State Certification. She advised that these volunteers unselfishly dedicate their skills and training for the protection of life and property to the residents and The following volunteers were recognized: Bob Cochran Wally Weickert Michael Hart Emergency Services Administrator Reardon stated that these volun- teer fire fighters receive no compensation for serving their com- munity, 24 hours per day, 365 days per year. He indicated that they represent the 18 Isles of Capri Firefighters who completed the 30 hour firefighter certification course and 15 firefighters from the Ochopee Fire Control District. He advised that these individuals completed the course on their own time and at no cost to the County. He stated that he is very pleased to be associated with these people. ~SO~.UTION 9~-SS?, ~QOESTING CITRUS EXg~TION FaOM MEXICAN rage ~ADE A~[U~NT - ADOPTED April 30, 1991 Oommisstoner Goodnight remarked that last week she requested that this Item be continued, noting that she was asked by Mr. David Land of Gollier Enterprises that the Resolution include the fresh vegetable industry in Collier County as well as the citrus industry. Commissioner Saunders moved, seconded by ConmissLoner Shanahen and caroled unmnLmously, that Resolution 91-3§? be adopted. Page 8 April 30, 199~ Item 96Cl ORDINANCE 91-35, CORRECTING SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION FOR THE HOSPICH OF NAPLES PROPERTY LOOATED ON WHIPPOORWILL LANE SOUTH OF Plq~ RID(FE ROAD - ADOPTED Legal notice having been published in the Naples Daily News on April 11, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened re Petition R-90-35/Community .~:. Development Division for the Board of County Commissioners and Companion Petition PU-90-27, to consider an ordinance amending Ordinance 91-17, to correct scrivener's error in the legal description of the herein described property (Hospice of Naples), located on ~... Whippoorwill Lane, approximately 1,200 feet south of Pine Ridge Road, {~:~'- (0R-896), in Section 18, Township 49 South, Range 26 East, Collier County, Florida. Planner Arnold requested that Items 6Cl and 6C2 be heard at this time, noting that they relate to the scriveners errors in the legal description for the Hospice of Naples property. ,.,7 There were no speakers. Co~tssioner Saunders moved, seconded by Commissioner Shanahan and .- carried unanimously, to close the public hearing. Commissioner Saunders moved, seconded by Commissioner Volpe and · .~' cml'~ted unant~aously, that the Ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 43: ORDINANCE 91-35 AN ORDINANCE AMENDING ORDINANCE 91-17 TO CORRECT SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON WHIPPOORWILL LANE, APPROXIMATELY 1,200 FEET SOUTH OF PINE RIDGE ROAD (CR-896); IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING FOR AN EFFECTIVE DATE. Item #6C2 I~ESOLUTION 91-358, CORRECTING SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE HOSPICE OF NAPLES PROPERTY PROVISIONAL USE, LOCATED ON WHIPPOORWILL LANE APPROXIMATELY 1,200 FEET SOUTH OF PINE RIDGE ROAD .[CR-~96) - ADOPTED Planner Arnold stated that this public hearing is to consider an amendment to Resolution 91-210 which authorized the provisional use for the Hospice of Naples, to correct a scrtvener's error in the / 000P G 22 Page 9 ; ~' recorded legal description. April 30, 1991 There were no speakers. Countseisner Shanahah moved, seconded by Commissioner Saunders and curled unanimously, to close the public hearing. Coalsstoner Shanahah moved, seconded by Commissioner Saunders and carrledunani~ously, to correct the scrivener's error in the legal description of the Hospice of Naples property, and that Resolution 91-358 be adopted. mm 000 ~,,' 23 Page 10 April 30 1991 RESO~0TI0X 9~-359, RE ~I?I0~ SMP-90-;, RONALD ~. HUR?, ~EPRESENTING ELAFF'S IN~., R~QUESTIN~ EXTENSION OF SUBDIVISION MASTER PLAN FOR WOOD~%E~ SOUTH MOBILE HOME SUBDIVISION - ADOPTED : ? Legal notice having been published in the Naples Daily News on April 14, 1991, as evidenced by Aff~davit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-90-1, f~led by Ronald Hurt of Anchor/American Engineer~ng Company, repre- senting Klaff's Inc., requesting an extension of the Subdtvis~on Master Plan for Woodlake South Mobile Home Subdivision, located on the East s~de of SR-951, approximately 600 feet South of Port-Au-Prince Boulevard, Collier County, Florida. '0ommunity Development Services Administrator Brutt advised that this item ~s a request for an extension of the Subdivision Master Plan for the Woodlake South Mobile Home Subdivision which was approved on May 15, 1990 and will expire on May 15, 1991. He indicated that staff recommends approval of the extension for a one year period. There were no speakers. ~Oll~ee~oner Saunders moved, seconded by Commissioner Shanmhan and ca~rted~x~mn~m(mzsl¥, to close the public hearing. Co~ss~oner Saunders moved, seconded by Commissioner Shanahan and ca~r/edunan]~asl¥, to approve the extension of Petit/on SMP-90-1 for ~ ~ne ~emx period and that Resolution 91-359 be adopted. Page April 30, 1991 PETITION A-91-2, JOHN A. NOLD OF RHODES, TUCKER & NOLD, REPRESENTING EAGLE CREEK COMMERCIAL CO., INC., AND EAGLE CREEK PROPERTIES, INC., REQUESTING AN ADMINISTRATIVE APPEAL OF THE PLANNING/ZONING DIRECTOR'S DECISION RE TH~ USE OF A 3.2 ACRE RESIDENTIAL TRACT OF EAGLE CREEK PUD - PLANNING ZONING DIRECTOR'S DECISION UPHELD Legal notice having been published in the Naples Daily News on April 14, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition A-91-2, filed by Attorney John A. Nold of Rhodes, Tucker & Nold and Attorney Bruce Anderson, representing Eagle Creek Commercial Co., Inc. and Eagle Creek Properties, Inc., requesting an administrative appeal of the Planning/Zoning Director's decision not to approve the use of a 3.2 acre residential tract of Eagle Creek PUD, Planned Unit Development to meet the requirements of the proposed Eagle Creek Shopping Center, without amending the PUD, the Mater Plan and rezoning portion of the property located in the Southwest quadrant of U.S. 41 and SR-951 Intersection, Collier County, Florida. Community Development Services Administrator Brutt explained that the petitioner is requesting a reversal of the administrative decision by the Planning/Zoning Director that he could not approve a 3.2 acre residential piece of property to meet the requirements of the commer- cial activity in this project without an amendment to the PUD and Master Plan and fezone the parcel. He noted that staff believes that the use of a differently zoned piece of land cannot be used for the 30~ open space requirement for this particular shopping center. He reported that allowing a change of this type administratively, would negate the opportunity for a public hearing for this particular change of the use in the land and this request would increase the commercial by 65,000 square feet. He noted that staff has no objection to the use of the land to increase the size of the commercial providing that certain activities take place. He requested that the decision of the Planning/Zoning Director be upheld. Mr. Brutt recommended that if the developers desire to incorporate part of the ad3acent lands Into the shopping center, that they file a 36 Page 12 April 30, 1991 formal PDA amendment and proceed with the normal process. Planning Services Manager Baginski advised that the incorporation of the residentially zoned property to be used in the open space calculation would allow the intensification of commercial use without any type of public notice in the form of commercial rezoning which would normally take place to increase commercial acreage. Attorney Bruce Anderson, representing the developers of the shopping center, explained that the petitioner desires to keep a current preserve area as a preserve area. He noted that 3.2 acres o£ land is permitted to be developed as multi-family in the Eagle Creek PUD and may accommodate 24 dwelling units. He noted that under the Growth Management Plan, 51 units could be built on the 3.2 acre parcel since it is located in an activity center. He reported that the issue is actually an additional 10,000 square feet of commercial in exchange for a maximum of 3.2 acres of preserve area. Mr. Baginski stated that when the proposal was originally sub- mitred, the petitioner presented a site development plan which was reviewed and the question came up about using the additional property and staff advised that this could not be done. He noted that if the land is incorporated as open space, there would be nothing preventing the applicant from expanding up to 65,000 square feet of additional commercial. He indicated that the PUD requires that when boundaries are changed, an amendment procedure is necessary. Gommissioner Saunders asked County Attorney Cuyler whether this is an appropriate petition or if the applicant needs to go through the fezone process. County Attorney Cuyler replied that he concurs with Mr. Baginskl's recommendations, noting that he sees no basis for Granting the appeal and recommended that the petition go through the fezone process. Mr. Alan Reynolds of Wilson, Miller, Barton & Peek, Inc., stated that the Goal in the Comprehensive Plan that created the Recreation and Open Space Element indicates that sufficient parks, recreation facilities and open space areas are to be provided to meet the meeds oOOPA . 37 Page 13 April 30, 1991 of the residents and visitors of Collier County. He cited that '.: Objective 1.2 states: "Protect designated recreation sites and open space from incompatible land uses through development of appropriate design criteria and land use regulations." He noted that language In the Open Space Ordinance says "In developments of commercial, industrial and mixed use, including residential, at least 30% of the gross area shall be devoted to useable open space." He related that the activity center language requires mixed uses within activity cen- ters and noted that to say that there must be the same zoning to satisfy the 30~ open space requirement is totally false. He noted that he sees nothing in the ordinance that prohibits this use. Attorney Anderson offered a compromise and suggested that rather ' than going through the full blown PUD amendment process that the pert- tioner be allowed to go through the PDI process since this is an insubstantial change. County Attorney Guyler advised that under the definitions of the ordinance, this could not be done. He indicated that the Commission could direct staff to expedite the petitlon, noting that he believes that it would go through the advisory boards fairly quickly. Mr. Baglnski replied that staff would process this petition as quickly as the procedures allow. Mr. Allen Penman, representing the residents of Eagle Creek, stated that when he purchased his lot six years ago he was told there would be a buffer zone between the Eagle Creek Development and the proposed shoppin~ center. He cited concerns of the residents explaining that the subject property is zoned C-4 there is nothing preventing the shopping center in 10 to 15 years from backing up to the back doors of those residing next to the 3.2 acres. He urged the Gomm~ssion to establish the 3.2 acres in perpetuity as a green space/buffer zone. Mr. Parnell Skulborstad indicated that when he purchased his home in Eagle Creek, he was assured that there would be an area kept in its natural state between the residences and the shopping cent,~r. He Page '~ April 30, 1991 stated that this Is a unique opportunity for the Commission to repre- sent the residents instead of the developer and to look out for the interests of the residents of Eagle Creek. Mrs. Charlotte Westman, representing herself and the League of Women Voters of Collter County, voiced the League's position of sup- port of good substantial governmental action and the rules of same. She noted that the request at hand appears to be an attempt to circum- vent the rules as interpreted by the County's legal counsel. She noted that the 3.2 acres has been ruled upon by the Planning/Zoning Director and Community Development Services Admtnfstrator Brutt con- curs with that interpretation. She related that there is good reason for preserving open space within the community and suggested that thfs petition go through the fair hearing process. Mr. George Keller stated that his concern is that fast-tracking this application means that It would be processed during the summer when most of the people in Eagle Creek will not be available to repre- sent their Issues. He noted that he has no objection to this petition being processed as a rezone with a regular public hearing and with those residents being back from up north. Attorney Bruce Anderson advised that he would like to clear up the confusion regarding the amount of buffering. He explained that currently, 20' of buffer is required between the commercial and the multi-family, but his client Is proposing to provide between 5 and 10 times that amount of buffering. There were no other speakers. Co~isetoner Saunders ~oved, seconded by Contsstoner Volpe and c~t~l~u~ntml¥, to close the public hearing. C~sstoner Sanders ~ved, seconded ~ Coatestoner Vol~ ~d c~i~ ~iw~ly, t~t the Pl~tng/Zoning Director's decision ~ld ~tng Petition A-91-2 ~t if the petitioner desires to go ~ ~ r~tr~ process t~t staff e~dlte Zta~A ~SO~ON 91-367, ~ S~PORT OF ~ BCC ~ ~E CO~I~ FOR A ~IC SI~ AT U.S. 4~ ~ I~ERI~ GOLF CO~SE BO~D - ~,~D Page lb April 30, 1991 Mr. Dwight Richardson, representing the residents of Imperial Golf Estates, the developer and the golf club, voiced concerns with respect to the lack of a protected tntersectlon. He noted that there is a traffic light in the flashing mode that the area residents have been trying to have turned into a fully operational signal for quite some time. Mr. Richardson submitted a petition with 1,014 signatures in sup- port of a fully operational signal at the intersection of Imperial Golf Course Boulevard and U.S. 41. Mr. Richardson stated that Imperial Golf Estates contains a cul- de-sac of 2,000 homes and 595 golf members which Is 9 miles long with only one way in and out: through the intersection of U.S. 41 and Impertal Golf Course Boulevard. He noted that the Intersection has been Improved and the traffic light has been paid for. Commissioner Volpe advised that this is a very important issue for the residents of Imperial Golf Estates in addition to the people in the North Naples community. He reported that there has been a stgnl- itcant Increase in traffic with a lot of commercial development occurring in this area. County Manager Dotrill stated that an initial study was conducted last year and resulted in the placement of the flashing signal. He noted that additional traffic count information was forwarded to the DOT office in mid-February which reflected a 10% increase over the dally average traffic volume which Justified a full traffic signal being placed at the subject intersection. He explained that he was advised this morning, by Transportation Services Administrator Archibald that it appears that DOT will approve the warrant for the installation of the full signaltzation in front of Imperial Golf Estates. He related that funds have been placed in an escrow account by Imperial Plaza for the balance of the project description. Gounty Manager Dotrill indicated that he understands that upon receipt of the letter by DOT confirming the County's warrant study and transmitting the final construction plans to them, the actual ooo 40 Page April 30, lgg! installation would take approximately two weeks. Commissioner Saunders suggested that the Commission adopt a reso- lution supporting this action and that the Chairman write a letter to DOT advising of the Board's and communities support of the light and that this issue be placed on the next MPO agenda. Com~/satonsr S~unders moved, seconded by Commissioner Volpe and carried unanimously, that staff immediately contact the State Department of Tr~rtatton to advise of the st~tftc~t co~tty ~ of t~ light ~d the Co~lsston~s ~pport t~t this is a priorl~ project; That Resolution 91-367 be adopted with a letter from ~ C~i~; ~ that this isle ~ placed on the next agenda of the ~r~ltt~ Plain90r~tzatton. :..,~.... Page April 30, 1991 ** ~'~d: 10:50 &.M. - Reconvened: 11:00 A.M. at which ti~e '--,D~;m~ Clerk Guevin replaced Deputy Clerk Hoffman ** Ira e7&2 ]IESO~TION 91-360 RE PETITION NUC-91-1, REQUESTING A CHANGE FROM ONE ~1ON-4~OIFO~ING U~E TO ANOTHER NON-CONFORMING USE OF THE SAM~ CHARACTER ON P~OP~RT~ LOCATED AT 107 N. 5TH STREET, IMMOKALEE, FLORIDA - ADOPTED Legal notice having been published in the Naples Daily News on April ?, 1991, as evidenced by Affidavit of Publication filed with the ~.' Clerk, public hearing was opened to consider Petition NUC-91-1, filed '-, by Helen Hinton Webb, requesting the change of an existing non- conforming use, a medical office, to another non-conforming use of the ~/. same character, a beauty parlor/barbershop, at 107 N. 5th Street, >: Immokalee. Planner Badamtchian noted this item was continued last week to -., allow Ms. Webb time to contact the potential renter. He advised that ' . the petitioner has decided on a beauty parlor/barbershop as her , · choice of a non-conforming use. ?"~' C~utoner Saunders moved, seconded by Commissioner Shanahan and ~i~ ~n~X~om~ly, to close the public hearing. C~m/lei~ner Shanahan moved, seconded by Commissioner VolDe and :.:'. =a-~'~l~ unanimously, to approve Petition NUC-91-1, approving a beauty ~, .: 1%1~0~11tt0~ 91-:360. :,, ?' ' 43 Page 18 April 30, 1991 RESOLUTION 91-361 RE PETITION PU-90-3, ROGER B. YTTERBERG OF FLORIDA CITI~ WATER COMPANY, REQUESTING AN EXTENSION OF PROVISIONAL USE OF SECTION 8.10, ESSENTIAL SERVICES, OF THE "E" ESTATES ZONING DISTRICT FOR A WATER STORAGE TANK - ADOPTED Planner Scheff indicated Pettrion PU-90-3 is Provisional Use (PU) extension for a water storage tank in the Estates Zoning District located north of Green and Sunshine Boulevards. He explained said the PU was originally approved by the Board of County Commissioners on May 8, 1990, and Mr. Ytterberg is requesting a one year extension. He said the petitioner has received preliminary site development plan approval and is currently working on construction drawings prior to submitting the final SDP. Cemeatsstoner Hasee ~oved, seconded by Com~issioner Shanaban and ~tt~t~i~1t~sl¥, that Petition PU-90-3 be approved, thereby ~ ~lol~dagbselutton 91-361. Page ~9 April 30, 1991 STAPT DI~tECT~DTO PREPARE AN AMENDMENT TO THE COLLIER COUNTY CO~!PI~E~EN~I~FE ZONING ORDINANCE 82-2 TO ALLOW EARTH MINING AS A PROVISIONAL USE IN THE A-1 ZONING DISTRICT FOR ON-SITE PURPOSES ONLY Frank Brutt, Community Development Administrator, presented a request from Staff regarding accepting petitions to amend Ordinance 82-2 relative to earth mining as a Provisional Use in the A-1 Zoning District. He reported extractions are allowed as a PU, however, earth mining is not. He noted both are allowed as PU's in the A-2 Zoning "DistrAct. Commissioner Goodnight mentioned she asked staff to look into the situation becau$.- owners of land in the A-1 Zoning District are not allowed to dig a fill pit, which would be used for water management on site, and take the limerock m/ned for application on their roads. She suggested that earth mining be allowed as a PU for on-site purposes only~ Commissioner Volpe commented he would not be opposed as long as the PU is conditioned upon the materials not being moved off-site. Commissioner Goodnight indicated her intent/on is not to allow a commercial operation, rather that earth mining be used to build the roads and fulfill the water management requirements on that property only. moved, seconded by Commissioner Shanahan and cmxT~ed unanimously, to direct Staff to prepare an amendment to the Zoning Ordinance to allow earth mining as a Provisional Use in the A-1 Zoning District for on-site purposes only. Item ~9B1 BID NO. 91-1701 FOR THE EUCLID AND LAKELAND AVENUES ROADSIDE ~%w~S MUNICIPAL SERVICE BENEFIT UNIT AWARDED TO MITCHELL AND S~AREm .!NC..IN THE.AMOUNT OF $641,8~0.06 County Manager Dorrill explained this item is a bid award for the Eucltd and Lakeland Avenues Improvement District. He noted the bid is specifically for Willoughby Acres and Staff Is recommending the lowest bidder be awarded Bid 91-1701, subject to final project financing authority. He advised the contract will be brought back to the Board ooo,,, -55 Page 20 April 30, 1991 for final execution by the Chairman. Commissioner Hasse moved, seconded by Commissioner Shanaban and cmx~ie4 uz~ni~ousl¥, that Bid No. 91-1701 be awarded to Nitcheil and $t~l~k, Inc., In the a~ount of 8641,830.06. It~m~l ~&TU~ R~PORT ON COLLIER COUNTY'S R~CYCLING PROGRAM - NO ACTION Bill Lorenz, Environmental Services Administrator, indicated $taff's lntentio,l of providing the Board with a status report on the County's recycling program. He advised an issue has been identified that needs to be addressed with regard to the expected success in reaching the State goal. He said Staff will recommend which direc- tion to go in the recycling process, adding that a number of actions to be brought back to the Board will come in the form of budget requests. Keith Ktpp, Recycling Coordinator, summarized the intents and requirements of Florida's Solid Waste Management Act. He asserted Collier County's waste stream differs from other communities because of the large amounts of construction materials. He explained because of stipulations within the State's requirements, the likelihood of achieving the State's 30% recycling goal will be difficult. Commissioner Volpe asked whether Collier County generates enough material to meet the goal if the stipulations are removed? Mr. Kipp replied in the negative, stating Collier County does not have enough of the right kind of waste to meet the goal. Gommlssloner Hasse commented there are many individuals and groups that collect recyclables, i.e., aluminum and newspapers. He asked If that is taken Into consideration in the percentages? Mr. Ktpp responded that Staff is attempting to obtain information on how much material is being recycled. He said the problem is many private recyclers are not willing to provide the County with information regarding tonnage numbers, because it will become public record which competitors can use against them. Gommisstoner Shanahan asked what will happen if the State goal is 56 Page 21 April 30, 1991 not reached? Mr. Kipp stated the DER can instruct the State Treasurer to withhold solid waste funds, prevent permitting of any new solid waste facilities and withhold payment of Genera] revenue funds to the County. In discussion with the DER, he said, they have stated that all counties are makinG an effort to achieve the 30% recycling rate, and the problems Collier County is experiencing with havinG the wronG type of garbage is typical. He reported a great many counties not meet the recycling rate. He noted Collier County is presently recycling approximately 40% of the waste stream, however, the problem is the wrong type of materials are beinG recycled. In answer to Commissioner Volpe, Mr. Kipp indicated the County is allowed to submit an alternative use procedure. He said the intent of the law is to preserve natural resources and save landfill space, and Collier County is saving 40% of its landfill space yearly. He stated those facts need to be presented to the DER to determine if that viable. He noted the problem is that DER has stated they plan to wait for several years to see how counties fare and in the meantime, many counties will be investing large quantities of money in programs in order to meet the goal when their primary goal should be diverting material from the waste stream. Commissioner Goodnight suggested that the Board needs to approach the legislative delegation with the concerns, followed by taking the issues before the Board of Directors of the Florida Association of Gounttes. She added the department that handles recycling at the State level needs to be approached. Mr. Ktpp referred to a graph which he indicated showed pro3ections over the next five years of how the County stands with certain materials. He reported a ma3or program being proposed for next year is a cardboard recycling program, because cardboard makes up approximately 11% of everything discarded in Collier County. He said this program, known as a Materials Reclamation Facility (MRF), will enable the County to come very close to meeting the State mandated goal. Page April 30, 1991 Commissioner Volpe noted that one of Staff's recommendations is to look at alte~natives to the expensive curb-side recycling program. Bob Fahey, Solid Waste Director, indicated the proposed MRF will be expandable to allow sorting the entire waste stream, which may be far more cost effective on a per ton reclaimed cost to achieve the recycling goal. He concluded that the budget for next year will con- tain a proposal for the beginnings of a 20,000 square foot MRF in which cardboard processing and perhaps the segregation of materials reclaimed from mining would occur. Being a discussion, no action was required. PROFES$ION&L ENGINEERING SERVICES AGREEMENT WITH MALCOLM PIRNIE KE~&TED TO TH~ SOUTH COUNT~ REGIONAL WASTEWATER TRE&TMENT FACILITY - Mike Arnold, Utilities Administrator, recalled that the Board heard the complaints and concerns of citizens on April 2, 1991, with regard to the South County Regional Wastewater Treatment Facility. At that time, he said, the Board of County Commissioners deemed this to be an emergency situation which warranted extraordinary steps to be taken to address the concerns as soon as possible. He noted as a result of a meeting with Utilities Staff, Consoer Townsend & Associates, Inc., Hole, Montes & Associates and Malcolm Plrnie, all were in agreement that Malcolm Pirnie is the best qualified firm to proceed with the odor control systems and other items needing to be addressed. He added the other two firms will act in an advisory capa- city on a voluntary basis. He advised the first issue to be addressed by Malcolm Pirnie, the odor control system to handle the hydrogen sulfide, will include design of the system, administrat~on of the contract, construction overview and the final start up operation of the system. He mentioned another concern of the citizens is obtaining an independent health and safety audit, however, after discussion with both the Collier County Public Health Unit and DER, neither group feels prepared to give the type of report being sought. He indicated Malcolm Pirnie will also investigate whether the hydrogen sullY. de may ~ag'e 23 April 30, 1991 be masking other odors which could be emanatinG from the plant, spe- cifically In the sludge area. He said most of the tasks will be accomplished within the next 30-60 days. He noted the fiscal Impact for the contract fees for all services will amount to $84,640. He added, however, If an odor control system is necessary for the sludge area, the design and contract administration for that potential will be $§7,300, bringing the total contract to $141,940. Commissioner Shanahan asked if any progress has been seen in controlling the odors with the steps taken to date7 Mr. Arnold replied the odor seems to be less than what it has been. He noted, in addition, Staff has located a temporary scrubber system which can be in place within the next 30 days. He mentioned the cost of the unit for installation is approximately $4,000, and it will cost $1,500 per month to lease the system. If in place through the end of 1991, he stated the total cost will be $16,000. Commissioner Volpe questioned if there will be any unacceptable noise associated with the installation of a temporary scrubber system7 Commissioner Shanahan communicated that the neighbors may be willing to put up with a small amount of noise in return for the remo- val of the odor. Mr. Arnold added that the berm should be in place within the next 30 days which should also help eliminate any associated noise that may OCCUr. Robert Stong, Director of Tanglewood Villas Homeowners Association, Indicated he also represents the Lely Country Club Association. He stated the appreciation of the citizens in the area of the South County Regional Wastewater Treatment Facility with the progress being made by Mr. Arnold and his Staff. He suggested that the mulch being generated by the County's recycling program can be put to good use on the berm. (l~utulone~ S~mz~ ~ved, seconded by Commissioner Haaae and Ca~Z't~ =n~n~ly, to approv~ the a~xeement with Malcolm Pirnie for profeulonml engineering services related to the South County Rational Page 24 April 30, 1991 T~e&t~ent Factli%~0 authorize the assessment on the sludge the &cql~ieitton of a tem~orar%~ scrubber system. **** SEE MINUTES OF JUNE 4, 1991'**** Page i/ April 30, 1991 Ztele9D2 ~RTI%A~T FOR T~NDSCAPING OF BUFFER BERM AT SOUTH COUNTY REGIONAL ~.%"I~ATEI~ TREATMENT FACILITY - AWARDED TO O'DONNELL LANDSCAPES PROVIDIN~ THAT US~ OF COUNTY MULCH BE EVALUATED FOR POSSIBLE COST $AVlN~$ Mr. Arnold mentioned that he is traveling to Tallahassee thls date to discuss the possibility of grant assistance for the odor control, the berm, etc. :*' Mr. Arnold stated four firms were contacted and quotes were received from three of the four. He recommended that the Board award the contract to O'Donnell Landscapes, the lowest bidder, in the amount of $149,856.50. He asked the Board for authorization to put together a formal contract and authorize the Chairman to execute same. Commissioner Masse communicated the proposal from O'Donnell Landscapes includes $27,664 for mulch. He suggested that perhaps that figure can be reduced substantially by using County mulch. Cossst/~mt~r Saunders moved, seconded by Commissioner Shanahan and C~=Tt~ un~nt~ousl¥, to award the contract for landscaping of the ~tlffe~ ber~ at the South County Regional Wastewater Treatlent fact- 11ty to O'Donnell Landscapes, providing that an evaluation is ude ~l~it~ ~he County's ~ulch. I~OL~TXON 91-362 AUTHORIZING THE ACQUISITION OF PERPETUAL MAINTENANCE ~, DI~AINA~ KASI~NTS AND UTILITY EASEMENTS BY GIFT, PURCHASE OR CO~]~EMNATION IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, WHICH ~ H~$AI~/ TO CONNECT TH~ FACILITIES WITHIN THE PINE RIDGE IND~TI~I~L PARK MUNICIPAL SERVICES TAXING AND BENEFIT UNIT - ADOPTED Sandra Taylor, Real Property Management Director, asked the Board to authorize acqllisition of the perpetual maintenance easements, drainage easements and utility easements necessary to connect the drainage and utility facilities being constructed within the Pine Ridge Industrial Park Municipal Services Taxing and Benefit Unit. Cms~t~oner S~unders moved, seconded by Couissioner Hasse and cmlTA~zl~z~l~m~ly, to adopt Resolution 91-362 authorizing the Page April 30, 1991 Utlllt~ e~em~m~s by gift. purchase or condemnetlon In Section 10. ~own~hip i9 South, Rmnge 25 East, which are necessary to connect the f~ctltti~s within the Pt~ Ridge Ind~trtal P~k ~tctpal Se~tces Page 27 April 30, 199! X~e~ ~2 PROFESSIONAL SERVICES AGREEMENT WITH TINDALE, OLIVER AND ASSOCIATES, INC., ENGINEERS, DAVID M. GRIFFITH AND ASSOCIATES, LTD., COST CONS1]LTANT~, AND NABORS, GIBLIN & NIOKERSON, P.A., ATTORNEYS, FOR THE PERFO~ OF A STUDY TO EVALUATE SERVICE LEVELS, SYSTEMS CAPACITY, CONSTRUCTION SCHEDULES AND FINANCING ALTERNATIVES FOR THE COLLIER COUNT~ TRAI~JPORTATION SYSTEM - APPROVED Assistant County Manager MoLemore presented an agreement for the consulting team comprised of Tindale, Oliver and Associates, David M. Griffith and Associates, Ltd., and Nabors, Giblln & Nickerson, P.A., to perform a comprehensive evaluation of Collier County's roadway transportation system needs. He specified the study will include eva- luation of service levels, systems capacity, construction schedules and financing alternatives for the transportation system. He advised the study may result in a substantial increase in road impact fees as well as a moderation of the capital improvement schedule without a moratorium. He noted it may also provide a reduction in the County's revenue shortfall by virtue of the increased impact fees, lengthening the time to complete the road pro3ects and an improved data base with which to continually evaluate future transportation needs. He reported this project consists of two phases. Phase I, he said, will result in a report and recommendation on service levels, construction schedules and financing alternatives. He communicated that Phase II consists of implementation of policy decisions determined as a result of Phase I, i.e., the writing of the new impact fee ordinance and development of assessment roles if that approach is approved by the Board. He stated approximately $175,000 is the negotiated fee with the three firms, with the principal cost component being the engi- neerSng and attorneys' analyses. He noted a portion of Phase I will ~nolude a study of how to approach establishing an assessment district with the potential of involving every parcel of land in Collier County. Commissioner Shanahah asked for more details regarding the moder- ation of the road improvement schedule. Steve Tindale of Tindale, Oliver and Associates, Inc., explained riO0 ' 77 Page 28 April 30, 1991 that DCA is proposing a new rule, an adjustment to the interpretation of Rule 9J6o He said the new rule allows a community with existing deficiencies to review certain areas, especially urbanlzed areas, and take s period of time to resolve those deficiencies rather than havinG one individual link create a moratorium. He stated if the County has a five year period in which funding to take care of growth and existing conditions far exceeds what is reasonable, and as long as it is shown that the capacity being built exceeds what is being funded by growth, utilizing the system wide basis will allow projects to be extended to the next five years. ..Commissioner Shanahan mentioned even if all the funding were available, the construction could not be completed in the five year timeframe. Mr. Tindale indicated that is a good example of why moderation of the interpretation and application of the rule is being proposed. Gharlotte Westman, representing the League of Women Voters of Oollier County, stated that other potential alternatives for financing are noted in the Executive Summary and asked what they might be? Assistant County Manager MoLemore responded once the gap is iden- tified, the Board of County Commissioners will be in a position to determine whether or not to look to the one mlll fund for revenues and also how to maximize the use of gas tax funds. Mrs. Westman questioned if a County-wide assessment will include only improved properties? Mr. MoLemore indicated that will be deter- mined during Phase I. He said the study will very accurately deter- mine what is deficit and what is future impact. At that point, he advised, who will be assessed can be determined based on who is bene- fiting from the various revenue alternatives. Commissioner Shanaban moved, seconded by Commissioner Saunders and -~i~uz~ni~usly, to approve the Professionm! Services A~reement witch Ttndmla, Oliver and Associates, Inc., David N.'Grifftth and a~o~t&te, Ltd., and Nabors, Gtbltn & Nickarson, P.A., for the per- :.: £orsmnce of a study to evaluate service levels, systems capacit~, 000 -78 Page April 30, 1991 ~~A~n schedule~ and financing alternattve~ flor the Collier Co~n~tr~rtation ~stem. Pa~e 30 April 30, 1991 ~e I~UW Clerk: Farrls replaced Deputy Clerk Guev~n at ~h~s t~ '~' lt~ ~H3 ~SOL~I~ 91-363 ~RSING ~ ~Q~ST OF ~ ~S CO~TION FOR A LO~ ~ ~ ~L B~I~SS ~INIS~TION, ADMINIST~KD ~OU~ ~ ~. ~~G CO~I~ D~LO~ CORPO~TION - ~O~KD Assistant County Manager McLemore outlined the objective to adop- tion of the attached Resolution. He confirmed having structured a pro~ra~ for Haynes Corporation, a major manufacturer in Collier County that was faced with the dilemma of having to move to another county because of a financial obstacle at their current location. He reported working with the National Development Council and Russell Shreeve of the Urban Improvement Department to put together a program allowing Haynes Corporation to continue at their present site. He stated that, due to Collier County not having an LDC (Local Development Corporation), it was necessary to form a partnership with the St. Petersbur~ Community Development Corporation to process the Small Business Administration 504 Loan {at no financial obligation to the county for doing so). He indicated that Collier County was moving toward establishment of an LDC, and that he will be presenting recom- mendations to the Board of County Commissioners regarding same in the future. Oo~u~iss~oner Volpe questioned the difference between this type of approach and an IDC (Industrial Development Corporation). Assistant County Manager McLemore confirmed the existence of an Industrial Development Authority in Collier County that deals specifi- cally with the Issuance of bonds. He added that the Haynes Corporation has been to see IDA and was directed to the County. Greg Shultz, Vice President of Haynes Corporation, identified h~mself. Commissioner Saunders moved, seconded by Commissioner Shanahan and carried unanimously, to adopt Resolution No. 91-363 based on the reco~mendation of staff. Page April 30, 1991 ZtI~'~ZO& 91-364, ~ 91-2, I~S 91-1, and G'MD 91-1 DIRECTING THE &T~Ol~t~"f'$ OFFICE TO INSTITUT~ FORECLOSURE ACTION ON DELINQUENT ~/OR SEWer SPECIAL ASSESSMENTS IN ACCORDANCE WITH FLORIDA County Attorney Cuyler remarked the Executive Summary is self- explanatory, and that this action is taken each year. Commissioner Volpe made reference to last year's discussion regarding Marco Island, which seemed to be the source of a fair number of delinquent assessments, stating it was his understanding that some type of action would be taken to try to correct this s~tuation. Commissioner Shanahan acknowledged that it appears that Marco Island is again the major offender. In response to Commissioner Volpe, County Attorney Cuyler replied he would have to check on it, but added that there was only so much that could be done about the delinquencies. He suggested that perhaps there were out-of-state owners and added that, by the time the end of the process is reached, the delinquency figures are significantly smaller. In response to Commissioner Hasse, County Attorney Cuyler com- mented that if the owners absolutely will not pay after having been appropriately notified, foreclosure action is commenced. He added that ~t was seldom necessary to complete the process. COIII.tllto~er $~unders moved, seconded by Commissioner Hmsse mnd Clx~ied ~nmni~oully. to approve staff's reco---endation, thereby mdo~tt~g ~olutton 91-364, CWS 91-2, MWS 91-1, and G~D 91-1. Page 32 April 30, 1991 BUDGI~ ~ 91-148/15~;,, 91-154/155; 91-157 ~ 91-160 - ADOPTED Commissioner Saunders moved, seconded ~ Couissioner Sh~ ~d C~t~ ~~y~ that ~dget ~en~nts 91-148/150; 91-154/155; 91-1~1:~ 91-160 N ~dopted. l~'~l~ ~ ~ ~SO~ZOR 91-22 - ADO~D Co~mtsfloner Saunders moved, seconded by Commissioner Shanahan and CaZTiedun~n/mousl¥, that Budget Amendment 91-22 be adopted. Page 33 April 30, 1991 R]~)~0]I 91--$65 ~GARDING REAPPOI~ OF MICHAEL E. GLIME AND APT~~ OF J. CARL SMIT~ TO THE MARCO ISLAND BEACHFRONT ~]1~~ A]~VI$0R~ COMMITTEE - ADOPTED Administrative Assistant Sue Ftlson reported receipt of a letter from Michael P. Gltme requesting reappointment. She stated Mr. Leonard F. Llewellyn has not requested reappointment. She acknowledged receipt of a resume from Richard M. Nobler, but stated he does not live in the taxing unit. CO~/~tOZ~F Shanahan ~ved, seconded by Coalsstoner Hasse and CaXT~ ~t~OU~11¥, tO accept Mr. Glime's letter to be reconsidered · z~ to ~l~x~nt J. Car1 Smith as the other member of the Board, thereby ~dopttn~te~olutton 91-365. Page 34 Aprll 30, 1991 It~,12B - D scussio. o sTz ic Dr. Jane Polkowskl, Health Unit Director of Collier County, briefed the Board of County Commissioners on the effectiveness of the IPOP program (utilizing a flip chart). She stated that assurlng access to prenatal and infant care for all women and children (lnfants particularly) is viewed as a high priority where prevention dollars save a lot more. She reported that Florida ranked 34th among all sta- tes in infant mortality in 1988, and the United States ranked 21st among developed countries. She highlighted the major changes credited for ~prov~ng pregnancy outcomes. (Dr. Polkowski furnished the Comm~ssioners with a statlstical report prepared by her staff, a copy of which was not provided to the Clerk to the Board). Stephanie Vick highlighted the incentive program initiated last year through a grant she helped secure from the March of Dimes. She provlded (with the use of a flip chart and the handout previously men- t~oned) information for a 2-~ year span regarding low birth weight rates, etc. She stated that the numbers reflected therein did not portray the total number of people seen in the clinic. She stated that those verified as medicaid eligible transfer out into the private sector, but that the clinic provides their first three or four v/sits. She verified that, based on the statistics available, there has been quite a bit of improvement of the situation, but that much work remains to be done. Arlene Reeves provided data relative to the county's substance abuse program for a two year perlod beginning 1989, adding that the Mealth Unit drug screens all patients on their first OB visit (with their consent). She commented on the significance of the decline In substance exposed newborns in Collier County over this two year period. She stated that the rate of cocaine cases has declined tre- mendously in Collier County. She provlded statistical information on cocaine and mari~uana related births. Page 35 April 30, 1991 In response to Commissioner Volpe, Ms. Reeves replied that in ~nstances where a mother tests positive, they are immediately referred to either court related services or David Lawrence and are then eva- luated. She indicated the success of the program was partly due to this practice. She stated she followed up on children born under drug related circumstances until their fourth birthday, working with the caregiver of the child. She gave statistics on the 1990 cases ~nvolving cocaine, marijuana, etc. She reported alcohol screening is '. performed, but that it is very difficult to get a positive alcohol result. Commissioner Goodnight stated that criminal charges can now be filed against the mother of a baby testing positive for crack cocaine or marijuana at birth. She reported some of the legislation she worked on this year in Tallahassee dealt with this subject. She said that, if mothers got on the program early enough, criminal charges w~11 not be filed agalnst them if they commit to the program. Ms. Reeves attributed part of the success of this program to the fact that they do not crlminallze these women and have not filed charges in Collier County. She referred to the test case In which a controlled substance was administered to a minor through the umbilical cord, Dr. Jane Polkowski reported financial information complled by the state regarding medical costs required by low birth weight babies. She stated the Governor Is providing accessibility of prenatal care and early infant care as a top priority. Gommissioner Shanahan suggested encouraging the Governor to try to find ways to save the billion dollar opportunity available out there to benefit all. He commended Dr. Polkowskt on her efforts and results to-date. Commiss~oner Hasse expressed concern for the teenage pregnancy rate in Collier County. Dr. Polkowsk~ reported that approximately one-fourth of all deli- Page 36 April 30, 1991 vetlee in Collier County are to unwed mothers. She stated that the kinds of patients delivering babies with high risk factors are also frequently the ones who do not take birth control pills very well and are not good candidates for the IUD. She said there is a new contra- ceptive (Norplant - a five year implant) on the market which will be provided through medicaid but, due to cost, it will not be available to those not on medicaid. She added that 12-14~ of the indigent population delivering low birth weight babies are teenagers. She defined "teenagers" as those below twenty years of age. a~ this it~ w~s for informational purposes only, no action w~s -' lI~:~F~I'~01[ 91-~66 B~ ~ ~C ~ ~I~D ~L~O~ C~ OF Byron Tomltnson, Collier County Sheriff's Office, read aloud the Executive Summary dated April 17, 1991. In response to Commissioner Shanahan, Lieutenant Tomlinson said he felt the Board of County Commissioners should approve this action. Ptlrsuant to request by Commissioner Hasse, Lieutenant Tomltnson identified the "subscriber" as the person with the telephone in their residence. Commissioner Shanahan moved, seconded by Commissioner Hasse to adopt. Resolution 91-366. In response to Commissioner Volpe, Lieutenant Tomllnson stated that the reduction for 1989 was 50¢ per subscriber and went down to 20¢ for 1990. He stated that in the approaching fiscal year they are requesting that it go to 22¢ per household. ~ C~ll for the vote, the motion carried unanimously, thereb~ ~dopt/~l~t~olutton 91-366. 000 , 122 Page 37 Item #14 BO&I~' O~ ~ COt~TI$SIONERS' CO~NICATIORS April 30, 1991 Commissioner Saunders stated that he and Commissioner Volpe had received communication in regard to April Circle. He stated there is some allegation as to misrepresentation of material fact that was con- sidered by the Board of County Commissioners. He stated he has ~eq%lested Mr. McLemore to review the record and report back to him. He stated that, should there be a reconsideratton of this item, it will reqllire a motion by one of the parties that voted in favor of it. He stated he favored this particular pro3ect and was in support of the waiver of impact fees. He added, however, that he was not making a motion for reconstderatton of the Item at this time, but merely requesting Mr. McLemore to follow-up on it and report his findings. Commissioner Hasse stated he is expecting mall addressing this matter also. Commissioner Volpe requested a status report on the situation with the Baltimore Orioles. County Manager Dotrill stated there will be an ~pdate at the first meeting in May. Commissioner Shanahah requested an update regarding the analysis on Southern States Utilities (SSU) regarding Marco Island Wastewater. County Manager Dotrill said he will verify the status and report to Commissioner Goodnight on Wednesday or Thursday when he meets with her. Commissioner Shanahah requested Commissioner Goodnight apprise him of the status, which she agreed to do. County Manager Dotrill reminded the Board of County Commissioners that the Strategic Planning and Ethics Workshops were tentatively scheduled for a week from today (May 7th). County Attorney Cu¥1er verified that the Commissioners had received a memo regarding the proposed workshops. Z~ the g~n=ensus of the board to schedule the workshopit for the~isrFT, 1991 ~eettng, subject to rescheduling should that meeting prov~to~ l~h¥. Page 3B April 30, 1991 its COl~iseioner Sh~n~han moved, seconded by Co~missioner Hasse Ind c~t~ted unanimously, that the following Items under the con- lent Igendl be ~pproved ~nd/or adopted: *'* B;13DI~'T.~ ~ING $90,350 FRON THE URBAN IMFR~ ~A!I"~:;FI~ID TO TH~ CO!'~!UNITT' D~FELOPMENT BLOCK GRANT CAPITAL PROJECT I~LUT~ON 91-341 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, ~TEH ~ND $~ IMPROVEMENTS FOR THE FINAL PLAT OF "CRYSTAL LAKE TE~ AT EAGL~ CREEK" AND RELEASE OF MAINTENANCE SECURITY SeePage. RH~OLOTION 91-342 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATErrAND SEWER IMPROVEMENTS FOR "THAT ACCESS EASEMENT KNOWN AS WATERFORD BRIDGE AT EAGLE CREEK' AND RELEASE OF MAINTENANCE SECURITY See Page . /33 Itea #1 ~1~4 I~SOLUT~ON 91-343 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATEH AND ~ IMPROVEMENTS IN "ERINWOOD, PHASE ONE' AND RELEASE OF See Page '::. .~ OF WATER FACILITIES FOR BERKSHIRE LAKES STORAGE BUILDING - The water facilities to serve the pro~ect cannot be placed Into service and no Certificate of Occupancy shall be Issued until the Florida Department of Environmental Regulation fur- nishes a letter approving the water distribution system for service. 2. Bacteriological testing has met the County's requirements. 3. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. RECORDED IN OR BO0~ ~35 PAGES'40.8 lte~Z616 Continued to 5/?/91 I~E~OLUTION 91-344 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF' ABAT~T OF P~BLIC NUISANCE ON LOT ~5, BLOCK 193 OF MARCO BEACH UNIT SEVEN, VASHI P. AMARNANI OWNER OF RECORD See Pages Itel~36A7B I~OI~UTI0~ 91-345 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF A~T~I~3FT OF PUBLIC NUISANCE ON LOT 12, BLOCK 23 OF MARCO BEACH UNIT qN~.~ ~.J. DE GROOT AND M.E. DE (FROOT WERNER OWNERS OF RECORD Page 39 April 30, 1991 See Pages ~OLUTION 91-346 FROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF AB&TB~I~NT OF PUBLIC NUISANCE ON LOT 9, BLOCK 239 OF MARCO BEACH UNIT ~IX~ ANGELO F. FERACE OMNER OF RECORD Item ~16A?D See Pages RESOLUTION 91-347 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ABAIIJ~NT OF PUBLIC NUISANCE ON TRACT OF LAND IN SECTION 14, TOWNSHIP 49 SOUTH, RAN~E 25 EAST, PHILIP MORGAMAN, REGISTERED AGENT FOR FIDELITY SERVICE CORPORATION~ OWNER OF RECORD SeePages ~SOLOTION 91-348 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF OF PUBLIC NUISANCE ON PARCEL 'A' - A PARCEL OF LAND LYING IN GOLDEN GATE, UNIT 2, FIRST UNION NATIONAL BANK OF FLORIDA Item ~16&7F ]t~SOLUTION 91-S49 ~DING ~R ASSES~ OF LI~, ~R ~ COST OF ~~ OF ~IC ~S~ ON LOT 1, BLO~ 241 OF ~CO B~ ~T ~ ~0 N. ~CIA ~ OF RECORD Item~16A?G See Pages R~SOLUTION 91-350 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ABATB~!ENT OF PUBLIC NUISANCE ON LOT 32, BLOCK 7, NAPLES MANOR EXTENSION, JOS~FH J. LAUREN, TRUSTEE UNDER JOSEPH J. LAUREN TRUST See Pages ~ESOLUTION 91-351 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF AB&T~I~]I~ OF PUBLIC NUISANCE ON LOT 11, BLOCK L, CONNER'S VANDERBILT B~&C~TATE$, UNIT 2, MELVIN J. PETERSON AND OLIVE PETERSON, OWNERS Item~16&?! See Pages 91--S52 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF PUBLIC NUISANCE ON LOT 28, BLOCK "B" GOODLAND ISLES, JOHN ~ OF RECORD See Pages &CC~T~ OF SECURITY FOR EXCAVATION PERMIT NO. 59.360 "FALLING 000,,1 . 127 Paqe 40 April 30, 1991 See 'age. ~ OF ~'I'~R FACILITIES FOR PIPKR'S POINTE, PHASK IX - WITH The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation fur- nishes a letter authorizing the placement of the sewer system into service and approvinG the water distribution system for service. Bacteriological testing has met the County's requirements. 3. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. ltW~ #16A10 RECORDED IN OR B00K''1622 PAGES 1339 - 1350 ~OU!ITYATTORIFEY TO DRAFT RESOLUTION ESTABLISHING THE PROCEDURES AND FEE SL~HEDULE FOR MAILING PLANNING COMMISSION AGENDAS Item ~181 A~'EPT~ OF FLORIDA DEPARTMENT OF TRANSPORTATION'S PUBLIC TRAHSPOITT&TION TKNTATIVK WORK PROGRAM APPLICABLE TO COUNTY AIRPORTS FOR FISCAL TEARS 19~2/1993 THROUGH 1996/1997 AS AMENDED Item~16B2 ~I~A~&UTHORIZED TO EXECUTE STATUTORY DEED CONVEYING PROPERTY BOARD OF G~DUNTY COMMISSION~ TO ~ NORTH NAPLES FIRE CONTROL DISTRICT PURSUANT TO AGREEMENT DATED AUGUST I0~ 1983 See Page . . /S 7 ~ ~ B~"I~EEN COLLIER COUNTY AND DROP ANCHOR MOBILE 1~ ASS(XIIATION, INC., FOR THE UTILIZATION OF COUNTY-O%¢NED RZGH~'-O~---WAY ~ G00DLAND, FLORIDA See Pages / Ztme-,~l~D1 ' BID ~1-168g FOR UTILITIES ANALYTICAL SERVICES - AWARD RESCINDKD AND AIq~I~DED TO ENtFrROPAOT, ING.,.OF CLEARWATER IN THE AMOUNT OF $20,606 Ztem916D2 FOR PROFESSIONAL ENGINEERING SERVICES WITH AGNOLI, BARBER ~DA~E, INC., FOR WATER UTILITY IMPROVEMENTS TO SERVE QUAIL JLR~A OFF IMMOKALEE AWARD - IN THE AMOUNT OF $71,200 See Pages /~_~' TRANSFERRING FUNDS WITHIN FUND 301 FOR THE S,?RINKLER Page 41 Apr~! 30o 199! ~O~A'ION 91-353 CAI~'~LLING TAXES AND ACCEPTANCE OF WARRANT~ DEED Plt~~ N. ~UNDERSON, TRUSTEE, FOR DONATION OF PROPERTY TO BE USED RECOGNIZING ADDITIONAL ESTIMATED REVENUES AND I~E~T ~%NA~MENT FUND [52.1} IN T~ A~0UNT OF $331,000 Ite~ #16~4 "~.' ~ ~ TO MARCO ISLAND AIRPORT EMPLOYEES OF NOTICE OF EX~RCISE OF UTILITY EASEMENT FOR WESTINGHOUSE O~ NAPLES, INC., TO PROVIDE UTILITIES TO TH~ NORTH BEACH THE PELICAN BAY D~LOPMENT Zte~ ~/6~1 .'.BODGET_ ~ T~ANSF~RRING EXCESS FUNDS FROM REDEMPTION OF SHORT ~OLUT~OH 91-355, SUPPORT OF APPLICATION FOR FUNDS FOR THE VANDERBILT mc~ ...~I~ FRO~T~CT See Pages I~01~UTXON 91-356, IN SUPPORT OF APPLICATION FOR FUNDS FROM THE DEPARTMENT OF NATURAL RESOURCES FOR THE NAPLES/PARK SHORE B~ACHI~ENOU~tI~ENT PRO~ECT See Pages -~C~2~2~X~,AT~ FO~ ~CTION TO THE TAX ROLLS AS PRESENTED B~ THE ...,. ~,,-aA~L~I~AIR~'S OFFICE No's. 230/232 No's. 245/246 No. 97 1990 Dated 4/[8/9! Dated 4/[8/9! TANGIBLE PERSONAL PROPE~TY 1990 Dated 4/18/91 Page 42 &~rtl 30, 1991 .:;E:L"TR~'~A-11 TZIq~ MR ZI~LI~ ~fS. 53992, 63713, 43115, 48595, 66108 AAr~ ~ ~SPO~C~ - FILED AR1~/OR REFERRED The following miscellaneous correspondence was filed and or referred to the various departments as indicated below: Request from Jesse Pollock, Assistant Division Chief, Construction Statistics Division, Bureau of the Census, Dept. of Commerce, re capital acquisition expenditures for Collier County's water supply system. xc: Mike Arnold and filed. Letter dated 4/11/91 to Chairman Goodnight from Robert Nave, Director, Division of Resource Planning and Management, Department of Community Affairs, re review of Collier County's land development regulations. xc: Nei] Dotrill, BCC, Frank B~utt, Harry Huber and filed. Rulemaking Notices dated 4/8/91 from the Department of Environmental Regulation. xc: Neil Dotrill, Bill Lorenz, Frank Brutt and filed. Letter dated 4/18/91 to Chairman Goodnight from Jon M. Iglehart, Environmental Speciallet, Department of Environmental Re~ulation, re Collier County - WRR File #111956895. xc: Nell Dotrill, Bill Lorenz, Harry Huber and filed. Joint Application for Works in the Waters of Florida dated 10/10/90 from Department of Environmental Regulation, re Barry and Theresa Fours, Appl~catlon #1119§689§. xc: Neil Dotrill, Bill Lorenz, Harry Huber and filed. Department of Natural Resources Permit #02820 CO, dated 4/11/91, re Le Parc Condo. xc: Neil Dotrill, Harry Huber and filed. Department of Natural Resources Permit #02818 CO, dated 4/11/91, re Princess Del Mar, Marco Island. xc: Nell Dotrill, Harry Huber and filed. Department of Natural Resources Permit #02817 CO, dated 4/11/91, re Challet Condo, Marco Island. xc: Neil Dotrill, Harry Huber and filed. Department of Natural Resources Permit #02819 CO, dated 4/11/91, re Summit House, Marco Island. xc: Nell Dotrill, Harry Huber and filed. 10. Minutes Received and F~led: ao Fire Service Steering Committee Meeting of March 19, 1991, Golden Gate Community Center Advisory Committee meeting of 4/2/91. Marco Island Beautlficatton Advlsory Committee m~etfng of 4/5/91o Ochopee Fire Control D~st~ict Advisory Board meeting o~ 3/4/91. Page 43 April 30, 1991 Planning Commission agenda for 4/18/91 and minutes of 11. Certified Letter dated 4/18/91 to BCC from Shirley S. Beck, President, Naples Mobile Estates, Inc., re transfer of Sewer Permit #380-S. xc: Neil Dotrill, Mike Arnold and filed. 12. Notice to Owner to BCC from Yeomans Excavating, advlsing that they have demolished three sewage tank bases at the South County Regional Wastewater Treatment Plant under order given by Bob Scott Excavating. xc: Neil Dotrill, Steve Camell, John Yonkosky and filed. 13. Notice to Owner to BCC from Ferguson Underground, Inc., advising that they have furnished pipe, valves and fittings for use in the construction of water and/or wastewater systems, for the North Naples Communlty Park under an order g~ven by Dayton Enterprises. xc: Netl Dorr~11, Steve Camell, John Yonkosky and ffled. 14. Notice to Owner to BCC from J. Herbert Corporation advising that they have furnished a crane and 1/2 ton hoist for the Collier County Landfill under an order given by Lynch Construction. xc: Nei] Dotrill, Steve Camell, John Yonkosky and filed. 15. Notice tO Owner to BCC from Dayton Enterprises, Inc., advising that they have furnished underground utilities for the North Naples Community Park under an order g~ven by Cornerstone General Contractors, Inc. xc: Neil Dotrill, Steve Camell, John Yonkosky and filed. 16. Notice of Non-Payment from Matt Stone Mfg. Inc., advising that they have furnished a charcoal hydra press for the Collier County Health Services Bldg., under an order given by Hartford South Inc., and the last of the labor, services or material was furnished on January 21, 1991 with $1,654.60 due and unpaid. xc: Neil Dotrill, Steve Camell, John Yonkosky and f~led. There being no further bus~ness for the Good of the County, the meeting was adjourned by Order of the Chair - T~me: 2:00 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL !' .... mfnutes approved by the Board on ,; as presented ~ or as corrected Page