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BCC Minutes 04/02/1991 R Naples, Florida, April 2, 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 bean created according tu law and havin~ conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Napleu, Fica'Ida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: Patricia Anne Goodn~ght Michael J. Volpe Richard S. Shanahen Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Ellle Hoffman, Annette Guevfn and Wanda Arri~hi, Deputy Clerks; Nell Dorrill, County Manager; Ron McLemore, Assistant County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, David Welgel, Assistant County Attorney; George Archibald, Transportation Services Administrator; Frank Brutt, Community ,~[~ Development Administrator; William Lorenz, Environmental Services ' Administrator; Robert Fahey, Solid Waste Director; Guy Carlton, Tax · Collector; Mike Arnold, UtJlJtJes Administrator; Tim Clemons, Wastewater Director; Russ Muller, Engineering Technician; Bob Blanchard, Growth PlanninG Director; Tom McDaniel, Chief Technical Planner; Jay Reardon, Emergency Services Administrator; Ron Lee, Planner; Sue Ftlson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Shertff's Office. 0! Page APRIL 2, ~991 .AGENDA - APPROVED WITH CHANGES Co~ss~oner Shanahah moved, seconded by Commissioner Volpe and that the agenda be approved with the following 1. Item #SD Added - Presentation of Commission District Maps. 2 0 Item #9H2 Added Recommendation that the Board of County Commissioners authorJz~' Staff to pursue: wh;~t. eve~ appeal pro- cesses are available in regard to the mitigation requirements being imposed by the local office of the Department of Environmental Regulation for the clearin§ permit being requested for the Tigertall Beach property. (Requested by Staff) . Item #12B Added - James Giles, Clerk w~. Chief 3udge Thomas S. Reese (Requested by Commissioner Saunders). Item #5C4 - Designating the Week of April 7-13, 1991, as March of Dimes "Walk America Week" - Continued to 4/9/91. (Requested by Staff). Item #9E2 - Status Report on Count¥'s option on land located ad3acent to the existing Community Development Complex - Deleted. (Requested by Staff). Item #16El - Recommendation that the Board of County Commissioners approve and authorize the Chairman to execute the resolution and the grant of utility easement to Westinghouse Communities of Naples, Inc., as necessary to provide utilities to the North Beach Facility at the Pelican Bay Development - Deleted. (Requested by County Attorney). Item #16E2 - Recommendation that the Board of County Commissioners approve a resolution authorizing the Board of County Commissioners' Chairman to execute Llmited Use License Agreements for the current Chairman's tenure only - Deleted. (Requested by County Attorney). Item #1§I2 - "Minority Affairs Program" - Deleted. (Requested by Commissioner Saunders). Item #12A - "Minority Affairs Program" - To be heard at 10:00 A.M. (Requested by Commissioner Saunders). 10. Item #16F2 - Moved to gF1 - Recommendation to execute Interlocal Agreements. (Requested by Commissioner Goodnight). Item #16F3 - Moved to gF2 - Request Board approval of Capital transfer for EMS System Improvements. (Requested by Oommissioner Goodnight). 12. Item #1613 - Moved to 12C - Proposed revised Agenda Policy (Requested by CONSENT AGENDA - APPROVED AND/OR ADOPTED The ~otion for approval of the Consent Agenda is noted under Item 08 ~" ' It~'~B CLEKE' S REPORT - APPROVED APRIL 2, 1991 The motions for approval of the Clerk's Report are noted under It~ ~11A2 ~nd ~11A3. MINUTES OF THE REGULAR AND SPECIAL MEETINGS OF FEBRUARY 5, 199! AND REGULAR MEETING OF FEBRUARY 12, 19~! - APPROVED AS PRESENTED Co~m/ssioner Shanahah moved, seconded by Commissioner Hasse and carried unanimously, that the Minutes of the Regular and Special - Meet~ of February 5, 1991 and the Regular Meeting of February 12, .'~,,. .199~,~ be ~r~ved as presented. JAMES. GILES, CLERK VS. CHIEF JUDGE THOMAS S. REESE - CLERK GILES ENCOURA~D TO RESOLVE SMOKING ISSUE THROUGH COMPROMISE NEGOTIATIONS; IF NO RESOLUTION HAS BEEN REACHED PRIOR TO FILING LITIGATION, MATTER TO COME BACK TO BCC Commissioner Saunders called attention to a memorandum that he submitted to the Commission and Clerk Giles regarding a dispute bet- ween the Clerk of the Circuit Court and Chief Judge Thomas Reese. He stated that it seems that the issue should be resolved through nego- tiations versus litigation since everyone has worked very hard over the years to convince the public that the County is efficien~ and cognizant of the need to reduce costs wherever possible. He indicated that this type of litigation could mushroom into a very expensive situation l.e the issue of who controls the Courthouse Building is not only a dispute between Mr. Giles and the judges, but it is a dispute which could also involve the Cou~,t.y. He advised that If this lawsuit is filed, it is likely that a judge from another 3udlcia] O~rcuit would need to be appointed. He remaz'ked that $50,000 - $100,000 ~n taxpayers money could be spent to ]~tigate an issue that should be resolved. Commissioner Saunders suggested that Clerk Giles to do v~hatever he can to encourage negotiations and avoid litigation. Commissioner Hasse concurred with Commissioner Saunders' remarks. Commissioner Shanahan remarked that he believes that the Page 3 APRIL 2, 1991 disagreement should be solved by the parties in their offices and this matter should not be taken to litigation. Commissioner Volpe questioned whether' the Policy for Bufldlng "F" differs from the Policy for BuJ]ding "L". County Manager Dorri]! replied that the Board of County Commissioners is the owner and custo- dian of County access which gives discretion to the agency managers to determine what is appropriate. Commissioner Saunders stated that if Mr. Giles files suit against Judge Reese alleging that the Clerk has the authority to control that building where his people are, County Attorney Cuyler will have to intervene on behalf of the County, because the County policy is that ultimately the County Commission has that authority. He reported that this could result in the Sheriff intervening and would lead to a ma3or confrontation between all Constitutional Officers. Commissioner Saunders pointed out that Mr. Giles will be occupying the Courthouse Building in 3une, 1991 and noted that he indicates that he will ban smoking on 3anuary 2, 1992 which means that there w~11 be a six month period in which there is a question as to whether his · employees will be able to smoke ~n that building. He explained that the litigation would go on for longer than a six month period and may eve~ drag on for the next several years. ~ount¥ Attorney Cuyler concurred that the Board would have to intervene since the Clerk's position would be that he controls that area. He advised that with regard to Clerk Giles' operations and functions, Mr. Giles is in control but with regard to smoking, the Board, under Legislation, has designated the various Constitutional Officers responsible for their own areas. He indicated that his posl- tion is that the Board has the authority to change the Policy and to put the No Smoking Policy into effect but Mr. Giles' position is that he has the ability to say that the Board does not control the Smoking Policy for his area since it is his function. Clerk G~les advised that he would like to avoid litigation since he does not believe it is necessary to get to that point noted that Page 4 APRIL 2, 1991 this is a case where the Judge is trying to regulate the operation of his office. He indicated that the Board gives recognition to the people in charge as having the option of designating areas for smoking. He noted that he is willing to compromise, but he cannot have the judges dictating how his offices operate. He explained that his intent is to give his employees a date certain by which they will no longer be allowed to smoke in that building. C~miesioner Saunders moved, seconded by Commissioner Shanahah, to - ~C~a~ Clerk Giles to resolve this issue through compromlse ~d ~tAmt~s with Chief Judge Reese since the Co~ty Co,lesion dis~~s the use of t~ayers dollars to f~d this t~e of law~it; C~~rs; ~d ~f Jud~e Reese o= Clerk G~les feel there may ~nefit ~ having the Co~ty Co--lesion involved in these discussions, ~y Co~iss~oner ~y be called upon for same. Clerk Giles advised that he is uncertain as to what compromise may be reached since County Attorney Cuyler says the County has Jurisdic- tion and the Judge says that he has jurisdiction of the building. County Attorney Cuyler replied that the County Commission controls smoking in all the buildings, however, the judges do have the inherent right through a separate doctrine to ban smokln9. .... ~,.'~all ~or the ~es~ion, the motion carried 'VI~H~OG~ ~COGNIZED AS "E~LOYEE OF THE MONTH" FOR ~RIL~ Commissioner Goodnight recognized Victor Philogene of the Transportation Services Division, as "Employee of the Month" for April, 1991. She congratulated and thanked him for his dependability and dedication as an employee of Collier County Government. She pre- sented him with an exceptional performance plaque and a $50 cash award. EMPLO%~ SERVICE AWARDS - PRKSENTED Commissioner Hasse presented Employee Service Awards to the es ll age APRIL 2, 1991 Sandra Taylor, Real Property ManaGement - 5 years Franklin Crews, Aquatic Plant - 5 years James A. Capps, Road and BridGe, District 1 5 years Steve Ritter, Traffic Operations - 5 years Rhonda R. Olson, EMS - 5 years (not px'esent) James R. Willis, Community Development 5 years (not present) Item #501 I~ROCLAMATION DESIGNATING THE WEEK OF APRIL 7-12, 1991, AS "NATIONAL COUN~'~ GO%~ERNMENT WEEK" AND APRIL 6 AS "AT YOUR SERVICE, COLLIER OOUNT~G0~tNMENT OPEN HOUSE" - ADOPTED After readIng the proclamation, Commissioner Goodnight moved, ee¢ozu~ed by Commissioner Shanahan and carried unanimously, that the Pro¢lauma~tton desi~natlng the week of April 7-12, ~991, as "National ¢ou~t7 Government Week" and April 6 as "At Your Service, Collier Couz~tF.Go~r~ment Open House", be adopted. Page 6 APRIL 2, 1991 Ite~ ~5C2 FROCLAMA~ION DESIGNATING THE WEEK OF APRIL 6-12, 1991, AS "NAPLES BAY DAI"S"*-.ADOPTKD After reading the proclamation, Commissioner Saunders moved, seu-~u~ b~ Commissioner Hasse and carried unanimously, that the ~:/ , Co~issioner Saunders presented the proclamation to Mr. Tom ' .... Mr. Grady accepted the proclamation and encouraged everyone in ~'~ Co11~e~ County to participate i~ the ~eek long Naples Bay Days act/v/- Page 7 APRIL 2, 1991 PI~X~M~ATION D~SIGNATING THE WEEK OF APRIL 1-7, 1991, AS "NATIONAL C~ DEVHLO~ WEEK IN COLLIER COUNTY" - ADOPTED Upon reading of the proclamatfon, Commissioner Volpe moved, seCC~_~ by seconded by Commissioner Shanahan and carried 4/0 (Co~/sstoner Goodnight out of the room), that ~he Proclamation dest~ting the week of April 1-7, 1991, as "National Co~.i~I D~ve/~[~x~t Week in Collier County" be adopted. Commissioner Volpe presented the Proclamation to Housing and Urban 3Improvement Director Shreeve. Page 8 APRIL 2, 1991 {::": .. ~ION: DESIGNATING APRIL 1-7, 1991, AS "COLLIER OOUNTY EMERGENCY '-':. · -':MEDI~:~EK~XCES WEEK" - ADOPTED Upon reading of the proclamation, Commissioner Shanahah movm~, ~on~m~ ~ Co~/sstoner Hasse and carried unanimously, that the ~.' · l~ec/a~a~t~on dast~nattng April 1-?, 1991, as "Collier County F~aergency Emergency Services Administrator Reardon accepted the proclama- tion. Page 9 APRIL 2, 1991 COMMISSION DISTRICT MAPS PLAQUES - PRESENTED Community Development Services Administrator Brutt presented the He complimented Tom McDaniel Commission with their new District maps. for the preparation of the maps. DEIF~LOPMENT STANDARDS CURRENTLY IN GOLDEN GATE MASTER PLAN TO BE USED AS URITEi~IA RE DESIGN REVIEW WITHIN GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL DISTRICT; COUNTY ATTORNEY TO COME BACK RE STRUG'TI~RIN~ OF ADVISORY COMMITTEE TO DEVELOP OVERLAY DISTRICT Planner Lee stated that this item is a request for the Commission to adopt a procedure for review and design criteria for the newly created Golden Gate Parkway Professional Office Commercial District. Mr. Lee recalled that on February 6, 1991, the Commission adopted the Golden Gate Area Master Plan (GGMP) which includes the Golden Gate Parkway Professional Office Commercial District. He reported that Policy 4.4 of the Plan directs staff to ascertain the appropriateness of creating an Architectural Review Board (ARB) for this District. Planner Lee advised that staff has completed a review of ARBs which are created by ordinance which establishes criteria to evaluate projects within that District. He reported that typical review crt- teria Includes the following: buildInG heights; signage; setbacks; landscaping; buffering; ingress and egress; access; vehicular cir- culation; pedestrian circulation; and architectural amenities which · i . include building color, material, and texture. Mr. Lee explained that procedurally, the petitioner must submit plans for approval to the ARB before the Planning Commission and the Board of Gounty Commissioners hearings. He noted that although ARBs control design features, staff has the followinG concerns: there may be a delay in the review of the permitting process; additional staff and f~nanc~al commitments may be required; potential for Internal Board politics; and it may establish precedence for c~eating addS- tional review boards County-wide. Mr. Lee Indicated that based upon those conc~'ns, staff does not APRIL 2, 1991 recommend that an ARB be created, however, two alternatives have been developed: 1). A zoning overlay district which functions similarly to an ARB but criteria is incorporated directly Into the Zoning Ordinance. This criteria would be established with assistance from an advisory committee made up of cltlz~z~ f~'o,, I}~,- Gc~]('l~z~ Gate area. advantages to this procedure are that this is an integrated process and the review time is not significantly delayed. 2). Utilization of existing development standards which control 9 of the 10 items that an ARB does (outlined on Page two of the Executive Summary). These standards function as a self-implementing ARB. The advantages of this procedure are that the process is established and is in place; will facilitate efficient review; and further the intent of streamlining the process. In summary, Planner Lee advised that Staff is recommending that an ARB not be created but instead, use t],e exlstir,g ~]~ve]opment standards as the adopted procedures for reviewing projects within the Golden Parkway Professional Office District. Commissioner Hasse stated that ARB could move toward beautifying a particular area in the Gateway community and suggested that con- sldering the use of this type of board for the entire County. Commissioner Shanahan indicated that he does not feel that an ARM is needed but remarked that a resolution is needed which defines how the amenities can be better controlled than they have been in the paat. Growth Planning Director Blanchard stated that there are two dif- ferent issues. He noted that the Commission asked staff to tnvesti- gate whether an ARB shr:uld be instituted for the new district along the Parkway. He explained that comments are now being made with respect to an ARB Col~ty-wide. He noted that dur.|n~ the preparation of the Growth Management Plan, discussions were held relative to a common thema of development at different Activity Centers, but the Citizens Advisory Committee recommended against that. He suggested that before the Commtsslon makes a decision today, outside of the Page 11 APRIL 2, 1991 Parkway, that the Board consider exactly how the development community would be effected as they develop within the standards that are already present. Commissioner Volpe pointed out that the Corridor Management Study identified two major corridors to look at how those areas will develop out. He noted that this could be carried to the extreme or their could be control through an overlay district ~n the major corridors. He indicated that population is increasing and the time has come to determine how these things can be implemented. In answer to Commissioner Hasse, Mr. Blanchard related that staff is recommending that the standards be limited to those within the Golden Gate Master Plan but not including the architectural amenities. Commissioner Shanahah expressed that he believes that the criteria within the Golden Gate Master Plan should be used, but look toward an overlay in the districts to see what will happen architecturally. Cc~e~smioner Shanahan moved, seconded by Commissioner Hawse and carried un~nimously, to accept the development ~tandards currently in the Gelden Gate Master Plan to be used as the criteria to ~utde ~th~tAcm and the design review within the Golden Gate Parkway Prcrfm~sional Office Commercial District and that staff continue to pursu~-a resolution relative to overlay district's for the .Cc~l~sicm's review. C~/~lioner Volpe moved, seconded by Commissioner Saunders and ~i~d~man~ly, that the County Attorney come back to the Cc~e/~tonre~arding the structuring of an advisory committee to deve- lop axl ~verlmy district with County-wide application to become a part of the Unified Land Development Regulations. X~.~m.~12& *~ATTORNEY TO PP~PARE AN ORDINANCE ESTABLISHING MINORITY AFFAIRS Commissioner Saunders called attention to the Executive Summary which includes a copy of his memorandum concernl~,g [he establishment of a Minority Affairs Program. He recalled that a few months ago, an Page APRIL 2, 1991 issue arose with respect to appointments to the Tourist Development Council. He noted that at that meeting, there was lengthy discussio£ regarding relationships between County Government and the Hispanic community and comments were made that the County Commission was not doing all the things it should do ]n order to recognize some of important minority populations in the community. He advised that his opinion, staff nor the County Commission, has never done anything intentionally, to discriminate against any group. Com~issioner Saunders reported that the County Commission d~rected that he and Commissioner Shanahah work with the minority populations' to identify problems that are unique to each of these populations the community and find solutions to same and bring back to the Board~ for action. He noted that several meetings have been held with repre- sentatives from the Hispanic and Black communities. He suggested the establishment of a Hispanic Affairs Advisory Board and a Black Affairs Advisory Board noting that the two boards would have a great deal of flexibility in determining when and where they meet and the issues to be addressed. He related that their reports would come directly to the Commission for consideration and the purpose would be to provldo a mechanism to identify and solve problems. In addition, he indicated tha~ there would be a group of staff volunteers to serve as technlcal advisors to these boards to provide a /ia~son between staff, the Board of County Commissioners and the two boards. He explained that his memo outlines his suggestions and if the Commission concurs with same, the County Attorney's office would draft an ordinance and bring back to the Commission and appointments would be made to the various boards. Commissioner Hasse suggested that the ordinance be drafted to include other mino~it~es, ~.~. the varJou~ ~n~li~r, tribes and han- dicapped members of the community. Mr. Victor Valdes, President, Hispanic Chamber of Commerce, stated ~'~ that-he supports Commissioner Saunders' effort which will allow a group of minority advisors to forward their ideas to the County APRIL 2, 1991 ~ Co~mission. He reported that the 1990 census indicates that there are 20,800 Hispanics in Collier County which represents 14% of the popula- tion and the Black community represents 5% of the population. He noted that both groups are experiencin§ various problems and thanked the Commission for allowing them the opportunity to express their dreams by establishing the Minority Affairs Committee. Mr. Gerald McKenzie, President, NAACP, expressed support of Commissioner Saunders' recommendation to implement the Advisory Program, noting that it is the first step which ;;ill lead to benefits to the entire community. He indicated that the two boards will be able to address many important issues in Collier County since it is very important to have a body with focus on County relations. He remarked that if the current school population is any indication as to the way the County is headed, now is the time to prepare since the minority students represent over 30% of the student body. He stated that these students will be coming through the system and will become adult parents within Collier County. He cited that there must be a structure in place so that these people will feel welcome and be a part of what is going on in Collier County and will not feel alienated. Mr. Zac Lucio thanked Commissioner Saunders for meeting with the Hispanic community and in helping them to attain their goals. He stated that the only way that Collier County will become a better place for everyone to live is by having the entire community working together. He expressed his hope that today will begin a new era with relationships to look toward a better future. Mr. Alex Castro affirmed that Collier County has experienced tre- mendous growth during the past 10 years and it is important that the . growth of the next ten years be controlled and adopted to the com- munities necessities. He indicated that the advisory groups will help in this regard since they wt]] provide input for the decision making of the County Commission. He urged the Commission to approve the Page 14 APRIL 2, 1991 implementation of the Minority Affairs Program. Mr. Bernardo Garcia concurred with the comments of the previous speakers. In addition, he pointed out that all the minorities could be represented by the Minority Affairs Program. He suggested that the greatest benefit of the committees should be efficiency noting that problems within the various communities could be aired and discussed through the advisory boards and by the time presentations were made to the County Commission, discussion could be kept to a minimum. He ~ndicated that aside from the issues of justice and fairness, this would be good government. Mr. Fred Thomas acknowledged his gratitude for the Implementation of the first step to develop better communications within the com- munity. He reported that as time goes on, it may be possible to deve- lop one Group with representations from both sides. He offered h~s support to work with staff and the communJty in the Minor~ty Affairs Program. Mr. George Keller, President, Collier County Civic Federation, stated that he is in favor of the board, but noted concerns regarding fractionaltztng people in the County. He divulged that individual groups will push for the benefit of themselves, and it is the pressure groups that usually get the attention of the Commission. He explained that he has no objection to the establishment of the two advisory boards but hopes that they will not be setting the pace as to how the County will be governed within the next ten years. Commissioner Saunders replied that the two groups will be bringing the communities closer together. He indicated that the chief function of government is to identify problems and to solve same. · :~~on~r $munders moved, seconded by Commissioner $han~h~ and c~rr~.ux~nX~ously, to establish a Minority Affairs Program, as '01aT~'~ /xl-h/~ ~e~o~.andum of March 22, 1991 and that the Colnlt¥ directed to prepare the appropriate ordinances relative to 10:45 A.M. - Reconvened: 10:55 A.M. at which t~ Clerk ~ev~n replaced Deity Clerk Hof~ '~' Page 15 APRIL 2, 199! DISCUSSION OF RESIDENTS' CONCERNS/COMPLAINTS RE THE SOUTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY - EMERGENCY DECLARED AND COMPHTITIVE BI~DING WAIVED; STAFF DIRECTED TO RESOLVE PROBLEMS RE ODOr,: B~I~M, HAZARDOUS MATERIAL AND HEALTH AND SAFETY ISSUES WITH ALL APPROPRIATE AGENCIES Mike Arnold, Utilities Administrator, noted that several residents ~n the area of the South County Regional Wastewater Treatment Facility presented a list of concerns and complaints to Commissione~ Shanahan on February 25th. He reported that same day he, along with Commissioner Shanahan, Commissioner Goodnight and County Manager Dotrill visited the plant to review first-hand the complaints lodged. He stated subsequent to that, an expert was called in for a one-day visit to address primarily the odor concern which is the top priority on the llst. He said a report addressing Staff's responses to resi- dents' concerns, dated 3/18/91, is included in the agenda package along with a petition signed by area residents. He advised the peti- tion protests any further expansion of the plant site. He summarized the steps taken by Staff to address the concerns regarding odor, noise, difficulties with the berm, lighting at the facility, a decrease in property values and the health, safety and welfare of area residents. He requested the Board waive Nome of the consultant and bidding process, es to acquire the necessary expertise to address the odors that neighbors fee] may be detrimental to their health and safety. Oo~untssioner Saunders inquired what steps may need to be taken to correct the odor problem and how long those steps may take? Mr. Arnold responded the length of time to resolve the problems is contingent on the decisions made this date. He indicated if authorized immediately to contact an engineering f~rm to construct scrubbers which wall remove the hydrogen sulflde gas from the air, it will require approxtn,ately nine months to design, construct and install that equipment. In answer to Commissioner Saunders, Mr. Arnold said in the interim, Staff has installed covers over the top of the offending Page 16 APRIL 2, lgg! structures, scoured the line where the raw sewage is coming in, and checked with various vendors offering a chemical system to further scrub the air at the pump stations. He stated Staff is following a litany of items set forth by the previous expert. Commissioner Shanahan proposed that the Board authorize Staff to contact Hole, Montes & Associates, because one of their engineers worked on a large plant in Jacksonville which is operating without offensive odor. Co~J~issioner Volpe questioned if there is something unique about this plant to cause this problem, or is it expected in all plants with this type of design? Mr. Arnold responded that one of the most contributing factors is the relatively low flows in the pipeline. He said ultimately low flows translate to slow flows which cause fresh sewage to become septic, causing the offending odors. Ed Key, representing Consoer, Townsend & Associates, Inc., indi- cated his firm designed the facility. He agreed with Mr. Arnold that the odors will diminish as flows ar'(~ ]rl¢:r~;J::;~,] ar)(l the detention t!m~ in the pipeline network are decreased. Charlie Davidson, a concerned citizen, mentioned that during the next nine months, many of the residents will be out of town, there- fore, the volume will be decreased further. Mr. Arnold admitted that is true, however, over the course of the next year varlous phases of the East and South Naples sewer project will be brought on-line. He said a fairly constant flow is expected as a result. 'In response to Commissioner Volpe, Mr. Key stated an odor study needs to be undertaken to determine what the best, permanent solution to the odor problem is, which may be a combination of a cover over the facility and the addition of chemicals at the pumping stations. Oo~4nissioner Hawse inquired if anything can be done to force the sewage through the pipeline more rapidly7 Craig PaJer with Hole, Montes a Associates, responded the pipe stations his firm designed for the treatment plant are sized for 20 27 Pa,~)e 11 APRIL 2, 1991 years worth of flow. He said there may be some slight controls the operators at the plant can do to increase the flow slightly, however, it will not make a significant difference in the reduction of odor. Jim Ruble, President at Tanglewood, indicated the biggest concern regarding the odors is what kind of chemicals and what other types of odors and gases are being expelled from the plant. He mentioned that some residents evidence some minor medical problems. "." Victor Hurlburr with Malcolm Plrney, Inc., stated he is repre- : senting the expert at his firm who conducted the one-day study pre- viously mentioned by Mr. Arnold. He said the concentration of :J!"i~ hydrogen sulfide is enough to be distinguishable but not enough to pose a health hazard. He reported prolonged exposure at very high con- centrations may cause malaise, lassitude and a decrease in 1tbldo, however, not at the concentrations determined at this plant. Gommlsstoner Saunders questioned if there is the possibility of obtaining a temporary scrubber, to whicl, Mr. Key replied ]n the nega- tive. He advised this type of structure must be designed specifically for the plant. In answer to Commissioner Vo]pe, Mr. Hurlburr reported that any noise caused by the cascading water and blowers associated with the scrubber system will not be excessive. ~! :~The following people spoke regarding their concerns with the lack of progress made regarding the odors, completion of the berm, the pro- posed expansion of the plant, suspicions of gases other than hydrogen sulfide being produced at the plant, safety facto~'s regard]n~ the chlorine tanks, health problems being experienced by residents and property devaluation: ~rt $tong ~LeouHoffman ge Keller ' ~Claude Barget John Norman Jim Ruble Bob Bothwell Will Glock John Keschl Harold Drugan :';~':;.:~1111~lr ~aunders moved. to direct Staff to tmke immedAate and :'~:"::.~:'lct:l~n~ to aolve all the problems; waive the competitAve 28 &PRZL 2~ 1991 .4.; .... sml~'tt~n of c=nsultants; Staff to work with the Health Department and mn~ o~er a~en~ that may be involved to make a determination r~9~/n~hether or not there are mn¥ health problems usoctated with the op~ration of the plant; Staff to investigate whether the FAre ~tment should have information concerning storage of ~aterials at the site; prior to any decision to expand the plant, a series of will be scheduled; Staff to seek the best landscaping for the berm and conclude its construct/on ae soon as i:!~.i~ ,. .[Commissioner Shanahan mentioned that a plan ts needed immediately :?. to minimize the noise and lighting problems. C~m~/ut~ner Saunders amended his mot/on, seconded by Commissioner ~...:.-..,~m~m~n;:_~:o /nclude the above and include a declaration of emergency '=;a: ....'/]x:~. to wm/ve the competitive selection process. "i,' Commissioner Volpe inquired if there is an opportunity to shorten ;;~.:h. the nine months previously estimated through the processes contained ,,,.~. , in Commissioner Saunders' motion? Mr, Arnold replied when the issue tS looked at in more detail, there may be the possibility to accomplish what is necessary more quickly. Commissioner Goodnight commented that the Board of County Commissioners has never made these types of decisions without exten- siva public hearings. She said with regard to the location of the South County Regional Wastewater Treatment Facility, after the public hearing process was completed, the declslon was made in the best interests of the Easz Naples community that this was the best loca- tion. She stated it was never intended for the plant to be in ~.. anyone's backyard. She noted the majority of the speakers present at ~ this. meeting were not residents of the area at that time. She com- ,(!~ mitred that, if the problem cannot be solved with what will be under- ,!../ .taken as. a result of Gommissioner Saunders' motion, she will not support.putting another plant of similar size in someone's backyard that may cause the problems being experienced at this faclltty. · Commissioner Hasse added that the Board of County Commissioners Page 19 ~' - APRIL 2, 1991 has worked for the citizens of Collier County as a whole. He advised that the best engineering firm possible was contracted to construct and that same effort will be put forth to solve the problems now being experienced. " .Upon.ca/1 for the question, the motion carried unanimously. 12:35 P.M. - Reconvened: 1:15 P.M. at which C~tsstoners Volpe ~d Sh~ not present e,e ACCEPTANCE FOR LELY RESORT, TRACT ? - APPROVED, WITH Saunders moved, seconded by Commissioner Goodnight .::. mn~ c~rriad 3/0 (Commissioners Volpe and Shanahah not present), that the Lely Reeort, Tract ?, sewer facilities be accepted, with the stt- ).' ~nlation. that tlxe Florida Department of Environmental Regulation fur- latter plm~ing the sewer system into serwice. · ',;:.::.C~t~etonmrs Volpe and Sh~ rejoined ~he ~ettng · ** Irrevocable Letter of Credi~ ~ 91-702 See Page 1992 OFFIC~ SPACE ALLOCATION PLAN AND RELATED B~ID~ET Facilities Management Director Camp stated that the proposed - office space allocation plan consists of three phases with the first · phase addressing the balance of FY 1990-91, phase two for FY 1991-92, i.,,.: and phase three for the outer years. Me explained that the outer ' years' plan encompasses an Emergency Services complex, jail construc- rich, and eventually an administrative complex. In response to Commissioner Volpe, County Manager Dotrill explained that there are two short term leases proposed which are for the Growth Management Department and the Utilities Division. Mr. Camp added that once the Gargutlo property is developed, it is estimated to provide 90,000 square feet of office space and will house the Utilities Division, Transportation Division, and Developmental County Manager Dorrill pointed out that the Emergency Services 30 Page 20 APRIL 2, 1991 complex is the major budgeted expense planned for 1991; however, it does not appear that the project will be started in 1991. In answer to questions posed by Commissioner Volpe, County Marlager Dorrfll advised that the property the County owns to the south of the current Developmental Services Center is proposed to be released, with ~:;:~ the*Board's approval; but if the Board decides to hold its option on this land, the proposed rent reflected for' Growth Management and Utilities Divisions will undoubtedly be higher. He informed that the land option to sell will be presented to the Board separately; and added that the Board had indicated 'in June, 1990, that the County would release this property because for the long-term it would be the .'.',i: most economical plan. i:. He advised that when this option is presented to the Board he will provide in detail the options of either re/easing or holding the property. Real Property Management Director Tllylor clarified that with the release of the option property the Cotlnty will receive $4 per square foot off the rent plus an additional $2.00 pet square foot off for maintenance charges. Ms. Taylor specified that the option on the subject land expires on June 26, 1991. County Manager Dotrill added that the revenue received from the sale of the land option will be applied toward the leased space. County Manager Dotrill asserted that leasing the office space for the Utilities and Growth Management Divisions will be the most cost feasible plan because of the $150,000 interior improvement credit the County will receive, and the alternative of finishing one half of the -'.~'thfrd floor of the new health building is estimated at $600,000 in construction costs. County Manager Dotrill explained in response to Commissioner Volpe that the owner of the Texaco Station property adjacent to the County complex is interested in a cash deal only. County Manager Dotrill related the the projected costs to complete ii.11the office moves scheduled for this fiscal year are $349,140 which has been budgeted. County Manager Dorrlll advised that all leases for the Public ooo, , 3]. Page 2I Service9 Division have been eliminated with the exception of a one year lease for the Interim downtown library. lie Informed that the ~j.. Agricultural Department has a short term lease remaining until the ~3~ :i: ..: completion of construction which begins on April 5 on their building. He pointed out that the entire EMS division Is currently located in ~f:c'., rental properties with future plans to relocate to government _ ,~': buildings. '.. . C,o~s:~s.%oner Shanahah moved, seconded by Co~missioner ~Lmsse and ~,:'J ~.: ' ~11c~i~ plan ~d the associated ~dget mn~nte ~ a~r~. Page 22 &PRZL 2, 1991 INTERLOCAL A~REEM~NTS WITH MARCO ISLAND FIRE CONTROL DISTRICT; CITY OF ~ PIlq~ DEPARTMENT; BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTlq/CT; GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT; EAST NAPLES FIRE CONTROL AND I~E$CUE DISTRICT; AND NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT FOR GRANT MONIES FROM EMS FOR EQUIPMENT - APPROVED Emergency Services Administrator Reardon explained that the pur- pose and intent of the proposed interlocal agreements are to provide ..that the grant funds disbursed to the Collier County fire departments be used to purchase standardized equipment from an approved Collier County list. He noted that only the Immokalee Fire Department chose i>~.not to participate in this program because they would have received $1,500 and felt that this was not worth retaining an attorney to review the Interlocal agreement. John Keschl, resident of Collier County, raised various t:~sues which included the necessary number of EMS vehicles in their fleet, .mandatory drug testing for County employees, and an East Naples Fire Department survey report. Mr. Reardon reported that the EMS fleet consists of nine units with a backup of six units. In regards to mandatory drug testing, he indicated that there are many legal issues which need to be understood and clarified before this can be implemented. Commissioner Goodnight added that staff is working on the drug testlng issue and will provide a report to the Board later this year. Mr. Reardon stated that he has not received an East Naples Fire Department report; however, informed .~.~that.~the International Association of the Fire Chief Study Team will be.providing a report in the near future on all the Collier County fire departments. · ~mtoner Shanaban moved, seconded by Commissioner Saunders and '~-c~%-~[~d~mou~ly, to authorize th~ Chairman to slgn the lnterlocml 34 Page 23 APRIL 2. 1991 ~,:~[OV~T PLaN BUDGET TRANS~R FOR MS SYST~ INPROVEN~qTS - Emergency Services Administrator Reardon stated that the executive summary details the disbursement of the total $53,000 budgeted in the Capital Improvement Plan fund for EMS system improvements which Is being requested for transfer to the appropriate line items and cost centers within the EMS budget in order to provide payment for the EMS improvements. ~mion~r Shanaban moved, seconded by Comtsstoner Hawse and cmrrMnna~fiaou~l¥, that the budget transfers from the Capital Plan 301 fund be approved. · T~kF~'-TO PI~O~'EEDWITH APPEAL PROCESS REGARDING MITIGATION REQUIREMENT ~ BY TH~ LOCAL OFFICE OF THE DEPARTMENT OF ENVIRONMNNTAL REGULATION FOR THE CLEARING PERMIT FOR TIGERTAIL BEACH PROPERTY Assistant to the County Manager Olliff advised that DER has .:~;71-suggested that the County provide mitigation in the Rookery Bay area to compensate for the clearing of Tigertail Beach. He noted that the ,. 'cost of the proposed mitigation would be approximately $100,000. He requested that, if he cannot negotiate a better price, the Board authorize him to proceed with an appeal to this mitigation through the ~!:.:. Secretary of DER in Tallahassee, ~". Co~/uioner Shanaban moved, seconded by Commissioner Hesse and .,.. carri~ u~amtmo%tsly. to proceed with the process of appeal. 91-130/131 - ADOPTED Shanahen moved, seconded by Commissioner Ilssee and that Budget Amendments 91-130/131 be adopted. :~.."~:'~ It~SOLUTION 91-16 - ADOPTED C4~aimmt~ner Shanahen moved, seconded by Commissioner Huse and ¥, that ~ud~t Amendment Resolution 91-16 be .7.7. Page 24 APRIL 2, 1991 ~:./'/:~' .' ~-~F~I~.~,D ~E~TNG$ SC~DULED FOR 6:30 P.M. ON ~ SECOND AND Following a discussion regarding the time and day of week to sche- ': .... dule the Board of County Commissioners' evening public hearings, that the Bomrd of County Commissioners will BOARD OP C~3U]ITX CO!~ISSIONKRS TO SERVE AS TH~ LOCAL COORDINATING UNIT OF-I~¥~I~IM~T IN THE STATE OF FLORIDA'S DEPARTMENT OF COMMUNIT~ APTAZI~' ANTI-DRUG ABUSE ACT FORMULA GRANT PROGRAM - APPROVED Deputy Tomlinson recommended that the Board of County Commissioners accept the responsibility as local coordinator for the State of Florida's Department of Community Affairs' Anti-Drug Abuse Act Formula Grant Program as noted in the Executive Summary. In response to Commissioner Volpe, Deputy Tomlinson advised that Jackie Kl/ne Chief of Operations Shertff's Office, will be designated as the administrator. · :..'~tone~ Shanahan moved, seconded by Com~tseloner Hasse and that the Chairman execute the letter acceptin~ ,u'~' 'c1~:~1btlt%7 u as local coordinator for the Anti-Drug Abuse Ac~ 79 Page 25 ~ A.~XC&TXON TO HRS, OM~'XC~ OF EMERGENCY I~ED~CAL SERVXCE~ ~OR ~M~DXC~.~ DXSPATCH TRAXNXNG Deputy Tomllnson recommended that the Board of County Commissioners approve the grant application in the amount of $13,780 for the Emergency Medical Dispatch Training and the use of existing blldget, funds as the match portion. COll~S~ioner Shanmhan moved, seconded by Commissioner Saunders and ~~~ly, to approve the grant application for ~mergenc~ }~,/;'~:~.~rvices in the ~mount of $13,780 and the use of ~xisttng /~'~-~..';~:~ ~ th~ ~tch portion. *****GRANT APPLICATION NOT PROVIDED TO CLERK TO BOARD OFFICE***** ooo,, 81 Page 26 · APRIL 2, I99! COMMISSIONERS' CO~ICATION$ Commissioner Shanahan requested that the distribution of the Marco Island Beach Renourishment MSTU funds be placed on the agenda for discussion as to whether the County wants to utilize these funds for the raking of Tigertail Beach or should action be taken to allow the )le of Marco Island to propose a referendum for Its use In other areas.' Oonlmissioner Goodnight noted that this will be placed on the agenda for April 16 or 30, 1991. Commissioner Volpe informed that he has solicited comments from ~.~,.' the residents of his district as to establishing a County-wide task force to address issues relating to the County's beaches such as ;~'~t raking, renourishment, maintenance, supervision, and access. He stated that he will report the results of this solicitation the first part of May, 1991. Commissioner Volpe commented that there are grant moneys that are g expended for the transportation disadvantaged which Te¢.h is distributing. He noted that this should be investigated further. Commissioner Shanahan advised that the MPO is responsible for this grant, and it is being reviewed. Commissioner Volpe suggested that the BCC weekly agenda package be placed in the public libraries for the convenience of the citizens of ','Collier County. Commissioner Goodnight stated that after final figures are Tallahassee. received on the census, the Board needs to direct the County Manager ito ~nveatigate redistricting. She pointed out that this has not been since 1985. Commissioner Goodnight pre,entod an UD¢]ate orl h~r trip to She informed that the Community Correction Act will be and a compromise agreement will be worked out between the and.the Governor's office which will remove the referendum from the one cent sales tax and make it a permanent tax, and In return the Page 27 · '" APRIL 2, 1991 County will receive community corrections under a one year contract. She reported that the Documentary Stamp is still in good standing; however, the realtors are lobbying against It. She noted that the Impact Fee Ordinance is being supported by the contractors of Collier County; and cautioned the Commission that this proposed ordinance will · <i;:.'.", allow regulation by the State as to how Collier County can impose · ~..',:impact fees. In reg~,rds to the proposed Billboard Law, she explained that this will allow the state to regulate billboards tn the counties. At the request of Commissioner Goodnight, Assistant County Attorney Lawson updated the Commissioners regarding the issue of incorporation for Pelican Bay. He explained that he has received :?!: draft language from the proponents for the incorporation of Pelican ~,~ .Bay indicating a compromise by Special Act regarding the water and sewer utilities and their incorporation. He informed that tt has been made clear to the State and all concerned that Collier County's issue w~th the Pelican Bay incorporation has to deal with whether the stan- dards, set by the State legislature, have been met. The consensus of the Board confirmed that these standards should be enforced. Mr. ~on advised that he will be notified when this item will be placed ~'the legislative calendar. 2:45 P.M. - Reconvened: 2:55 P.M. at which ...~r~'~DeputF Clerk Hoffman replaced Deputy Clerk Arrigh! COLLECTION INSTALLMENT PROCEDUR~ TO BE IMPLEMENTED; AMENDg~ENTS TO ORDINANCE AND ADVERTISE PUBLIC ~RING Tax Collector Carlton provided a hand out for consideration of an ~nstallment procedure for the Mandatory Solid Waste Collection Program, He advised that the window of opportunity is rapidly closing for.~it~ng this program. ;z-~,Commiseloner Volpe questioned whether the enforcement mechanism .would remain the same, to which Mr. Carlton replied that the Com~ss~on would still have lien power, but there would be no tax cer- [f~'~ate mechanism. Mr. Carlton pointed out that certain legal requirements would have 83 Page 28 .:.~.~;.:~; ~:::.~ ,~<~ , APRIL 2, 1991 ':*'to be met a year in advance in order to place these on the tax bills and an outside billing system would have to be sought. Commissioner Shanahan indicated that he would like to see an annual billing with an option for a quarterly billing but that would <. .. have a fee attached. Mr. Carlton reported that $2 would be added to .::. each'quarterly installment. Commissioner Volpe stated that he understands that if the Commission decides to Include the mandatory solid waste collection fee on the tax bills with an option for quarterly payments, this could not be done for 1992. He remarked that many citizens have expressed their preference of having the option in this regard. He noted that ultima- rely, he would like to see all of the non ad valorems on the tax bill with the same enforcement mechanisms that are available to the Tax · Collector and the County for the non-payment of same and consider this for 1993. Mr. Carlton replied that there is a program that would meet that need, but the window of opportunity to do so is closing rapidly. He related that there is the need for quarter billings. In answer to Commissioner Volpe, Mr. Carlton advised that the cost to develop the program would be funded from the 3% that would be collected. Assistant to the County Manager McLemore reported that inquiries to Lee County reveal that 70~ of their customers choose quarterly .billing and that rate is Increasing. Mr. Carlton divulged that Lee County collects $160 per year versus Collier County's $100 per year. Commissioner Volpe cited that his reservations with the quarterly system tsthat the enforcement mechanism would need to be altered and there needs to be a system to ensure collections. /-,:County Manager DorrIll stated that he does not understand why, if the Co~mieeion voted to include mandatory collection on the tax bill why it would be precluded from doing so. He advised that he has had ~?~ '~!acussions with the Marlon County Manager and was informed that his "';: co~'lty is In the process of putting mandatory collection on the tax 000-, 84 Page 2 9 APRIL 2, 1991 rolls. He reported that Marlon County found 50,000 errors In their rolls and by comparison, Mr. Coldtng's errors have been about 5% with respect to improved dwelling structures. Mr. carlton replied that there is a very good vehicle to collect taxes but when that vehicle is used to collect other things, the intogrit'i, of same is being Jeopardized. He explained that if man- datory garbage collection is a non ad valorem item, a certified roll is accepted from the Property Appraiser in October and a certified roll for mandatory garbage is accepted from the Board and the two rolls will be merged to create one tax bill. He reported that if the -:~:~'.~.two rolls do'not perfectly merge, an individual billing would have to be done. Commissioner Volpe stated if Mr. Carlton is cautionlng the Board that there should be a back up system which is the program he is -- requesting, he concurs. '-' In response to Co~tssioner Volpe, Mr. Carlton reported that when ':~'~"'the roll is generated for the stormwater utility, It would be well to >. revlew the manner by which this roll was generated to utilize the .(:- positive and try to correct the things that needed same. Mr. John Keschl commended the Tax Collector for the efficient Job he has done. ~e expressed that he has made several trips to the offi- ces of the Tax Collector and the County Manager, advising that he has never received a bill for mandatory collection. He noted that he /ives ~n a mobile home park comprised of 270 units and no one in his park ts paying for this service. He indicated that previously bills were paid directly to Waste Management, Inc. on a quarterly basis. County Manager Dorrill remarked that this is one of the few :' discrepancies that was made in the initial roll. He stated that the typical mobile home park does not have Individually owned parcels and those parks are owned by an association or management company who has & commer¢~ml garbage collection agreement with Waste Management, but in this instance, the lots in the mobile home park are individually owned and there is no commercial account with Waste Management. He / OOOP'G£ 85 Page 30 -' ~' advised APRIL 2, 1991 that as a result, a decision needs to be made to Incorporate or amend the billing roll to Include the Westwind Mobile Home Park since these were previously Individual single accounts as opposed to a master commercial account. Solid Waste Supervisor Russell stated that this Is a unique situation that is a mgblle home subdivision and Is also a condominium arrangement. He indicated that these units will be billed in the very near future. County Manager DartIll suggested an amendment to the ordinance which created the assessment roll. He noted that this requires a 20 day advance notification of the public hearing. Mr. Russell replied that notification of the public hearing will be published after today's meeting. County Manager Dartill informed Mr. Keschl that within 30 days the County Commission will amend the mandatory assessment roll to Include the Westwind Mobile Home Park and the Woodlake Park and bills will be forthcoming from the Tax Collector's office. In response to Commissioner Hasse, Mr. Dartill stated that hi-rise '.i~ condos are not violators of the County's solid waste laws since they have commercial contracts in place. Mrs. Charlotte Westman, representing the League of Women Voters of Collier County, divulged that the League has completed its telephone survey. She noted that every caller she spoke with was pleased with the Count¥'s trash collection program and a good number of the respon- dents prefer quarterly billing. She indicated that responses from some folks were that they were not happy about paying the fee during the months when they were not living In the County. She advised that she concurs with Mr. Carlton's recommendations with regard to · -'addressing this fee as suggested. She remarked that this ts a charge for a service and should not imitate s tax in any way. Chommt~o'nox* Sh,unmh, mn moved, seconded by' Comstl~ioner Huae, ~o $8 Page 31 APRIL 2, 1991 Commissioner Volpe raised questions with regard to the draft ordt- nance as reflected tn the executive summary. Assistant County Attorney We:[gel explained that staff is seeking authorization to mdvertise the ordinance for public hearing. He noted that the ordi- nance provides for quarterly billings and financial hardship defer- ments which would be discussed at the public hearing. Ce~mtu%~nee ~mnahan amended his motion to reflect thm dtrectlen -~'~'fer eta[! te pur~um amendmenta to the ordinance and advertise same for public hearing. ¢esaiasioner Hesse accepted the amendment. County Manager Dorrtll stated that unless told otherwise, he will press for having this fee included on the tax roll. He Indicated that he does not believe it will take four years to correct the errors and deficiencies that have been found based on what other counties are doing. 'He explained that collections to date are 85% and if this ts not improved, the County will be running out of money in October, two months shy of the end of the year and there is an obligation to pay Waste Management 1/3 of a million dollars every month to effectuate thls program. He suggested that the long term answer is having this on the tax rolls so that the County will have the money In advance. He noted that if there is to be a quarterly billing mechanism, it needs to reflect the Increased costs since Mr. Carlton will be requtred to have a quarterly mechanism and these costs should be lncurred by those who would benefit. Mr. Carlton reported that If the Commlsslon's Intent Is to go the taX route, there will not be an increased cost in quarterly payments. He noted that a person may not be discriminated against if he chooses ¥ tO gO the installment route. Commissioner Shanahah noted that Mr. Carlton recommends a $2 per qllarter charge and a~ked If this amount i,~ ,ufrlcl,nt. County Manager Dotrill related that he believes this should be $5 per quarter. Cemmiui~r Shmnahmn move~d, seconded by Co-~lseloner ~uae carried unanimously, that the following Items under the ~e~t a~enda be approved and/or adopted: *** ~I*T,, 2,, 1991 ~,~ON ~ NO. 59. 204, COLLEGE PROP~.RTT~-$ OF SOUTIII~ST FLORIDA l~l~/& ~ FIT r-OCATED OR TI~ W~$T BY SANDERS BOULEVARD ON THE $OUT~ BY VAC~I~f LA~D AND $ABAL P~.N ROAD - ~ITH STIPULATIOn The excavation shall be limited to a bottom elevation of -20.5 feet NGVD. All disturbed areas proposed for lake exca- vation shall be excavated to a minimum elevation of 0.0 feet NGVD. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services In docu- ment dated 5/24/88. No excavation permit shall be issued until all impact fees have been paid. 4e All stipulations and conditions of Provisional Use Petition NO. PU-90-1 shall be adhered to. No dewatering will be allowed as stated on the water quality monitoring program report. No blasting will be permitted unless issued a separate permit by Collier County Project Review Services, All provisions of Collier County Ordinance No. 88-26 shall be adhered to. However, staff shall have administrative authority to approve minor changes to the excavation. Copy of South Florida Water Management District construction/operation permit or early work permit shall be provided prior to excavation permit approval. Monitoring of water quality shall be performed In accordance with the Water Quality Monitoring Program Report prepared by Willtam C. McAnly& Associates, P,A. An additional bond In the amount needed to restore the off- site property along the northern boundary shall be provided. Restoration will include total filling to natural grade and re-vegetation in a manner similar to surrounding areas. 11. A monthly report shall be provided to Project Review Services Indicating the status of the discussion with the owners of the property alonG the northern border. If the problem is not resolved by January 1992, the project shall be brought to Water Management Advisory Board (or Its successor Board) for ].idi:~ discussion. ~::; ]M~I:IP~II~ Q~ NAT~ FACILITIES FOR 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. 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. Page 33 APRIG 2, 1993 4, - The Florida Department of Environmental Regulation furnishes a letter authorizing the placement of the off-site sewer system Into service. 0R Book /&!O Pages ? -- The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be ~ssued until the Florida Department of Environmental Regulation fur- hishas a letter approving the water distribution system for service. 2. Bacteriological testing has met the Count¥'s requirements. The Fire Flow requirements of the project have been satisfied, and the Ftre District furnishes a letter accepting the fire hydrant for ownership and maintenance. 0R Book Pages g -- ::::-H~"~I~]I~ OF F~NAL PLAT OF EMERALD LAKES AT BRIDGET iAEa, UNIT 2e Accept the surety bond as security to guarantee completion of the subdivision Improvements. Authorize the recording of the Final Plat of "Emerald Lakes at Bridget Lake, Unit Three." 4e Authorize the Chairman to execute the construction and main- tenance agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. See Pages ~-- /0~ :':.: .:- ~ 9~-272 AUTHORIZING FINAL ACCEPTANCE OF THE ROA!:~AY, :'::' ' ~,' ~t~TEH ~ S~4ER IMPROVEMENTS FOR THE FINAL PLAT OF AUDUBON See Page /~ ~,..~ 9~.-273 AU~ITIORIZINO FINAL ACCEPTANCE OF THE ROADWAY, ~ ~ S~ X~~S FOR ~K FXN~ P~T OF A~U~N See Page /~ R~SO~JTXOJf 91-274 AUTHORXZINO FINAL ACCEPTANCK OF THE ROADWAY. See Page /~ Page 34 APRIL 2, 199! 59.381, : ...' ~S~'ZOl 91-275 PROVZDZNO FOR ASSESSMENT OF LI~ FOR ~ COST OF ~ ~ .... ~~ O~ ~IC ~S~E ON LOT 21, BLOCK T95, OF A ~T 0F ~ 91-176 I~t0VIDING I~R ASSES~ OF LIKR FOR ~ COST OF TEE ..~ .....JLB&T~M~I~.O!'--FU~,,ICRU~SAIIU~ ON LOT 4, BLOCK 34, NAPLES PARK, UI~T See Pages /I0- {11 OI-~T~ ~DZ~ ~R ASSKS~ 0F L~ ~R ~ COST OF ~ ~IC ~ZS~ OR LOT 24, BLO~ 210, ~IT 6, GOLD~ ~~SZ~ .~ZO BOR&~ZST ~ ~Y &. BORAQUZST R~80~O~ ~1-27~ PR0~ZDTRG FOR &SS~SS]~R~ OF ~-~R FOR ~ COST J~&~I~E O~ ~TB/~ RUZSJLRC~ OR LOT 14, B~OC~ 91, O~R1? ~, GO~-D~R DARTIT, B. ~ AND BARBARA D. BOWK1q' See Pages FOR ASSES~ 0F LZ~ ~R ~ COST OF ~ ~S~ ON L~ 26, BL~ 779, OF A ~T OF A ~.~, A~O~C ,c~x.~z~o , I/7 i'~'-'Y.r~:.;I~i~:GII/-280PROV~DZ]IGFOR ASSESSMENT OF LZENFORTH]~ COST OFT liE = - .&B&/I~fOF F~T~,ZC NU~S&It'C~ ON LOT 11, BLOC~ 182, UNIT 6, PART ~, ::. ~Id:l~la1~,.D~ll~L CJ~lqtO &RD OZZSEnA CASTRO 91-281 FItOVIDZNG FOR&SSESSI~NT OF LIEN FOR TI~ COST OF Tlrg AB&/TN~ITOF IR~BY, ZC NUZSJtN~ ON LOT 12, BLOC~ 228,'MARC0 B~tC~ URIT {'_~?.-.~ J~SOLUT~g~f.01-282 PROV'ZDZNO FOR ASSESSlqI~T OF LIZN FOR TKK COST OF THK sTx,.fcA~nq!l~ a. ~ZABAL See FOR ASSESSM~1F~ OF LII~ FOR TH~ COST OF ~S&WC~ ON ~OT 10, BLOCH 22S OF MARCO BEACH · -l:teU*~16All J ....... RKSOLU'X'ZO~I 91-2~ F'ROV*FDINI3 FOR &SSKSSMKRT OF LTKR FOR THE COST OF ~ &BAT/MIrE OF P~TB~IC NUISANCE 0N LOT 5, BLOCK 67, MARCO BEACH UNIT TWO, LKONARD B~RBI, J~GISTA~RKD AOKNT FOR MARCO MKDIA ENTK.RPR. ISES' 91-285 PROV~DZRG FOR ASSESSMENT OF LIEN FOR TH"E COST OF THE OF POBLIC NUISANCK ON LOT 25 OF BLOCK A, IN THE BONDURANT · 11~g~:~O~l' 01-286 PROV/DING FOR ASSESSM~3FF OF LIEN FOR ~ COST OF THE ~ O~ PUBLIC ~IS~ ON LOT ,2, BLO~ ,35, ~IT , P~ -- 91-287 PROVIDING FOR &SSKSSY~"~Z' OF LI~ FOR ~ COST OF ~ OF ~C ~~ ON L~S 7, 8, 9 ~ 10, BL~ B, ....... 01-288 FROV~DIIq~ FOR ASSKSSMKNT OF LIEN FOR THE COST OF THE ~OF!qJBI~IC NUISANCE ON LOTS'20 AND 21, BLOCK #A", VANDKRBILT See Pages :,,=~.,.It~B~UT~3~ O1--~0O PROVZD/NO FOR ASSESSMENT OF LIEN FOR ~ COST OF TH~ ~-~ 4kB&T~JIT.OP~RJBL~ Jr~zsANc~ ON LOT 19, BLOCK 96, ONIT 3 PART -- _..--~--J~SO&UT~Ggl-.01--290 PROV~DI3V8 FOR ASSESSMENT OF LIEN FOR THE COST OF THE ~.,.. :~a,~,a~ o~, PU~I¢ NO-ISAIVCE ON LOT 22, BLOCK 208 UNIT 6 PART 1 GOLDEN Page 36 CA.ROLE H. DANIELS° T~U~, R~I~ORT FOR TH~ NO. 90DB-49-09-21-0 I-H05 OI~ZC~RS TO COLLIgR COUNT~ AGRICULTURAL FAIR AND ~-~SID~; PAT COO~ON, SECReTlY; JO~ YO~OS~, ZZ~, S~Z~'S D~P~~; HOLLY ~O~F, ASSOC.; ~ CA~LERO, CO~Z~ CIVIC ASSOC.; CO~Z~ C0~ A~ZC~E DR~.; DR. ~ ~, '* ~*~M~TO TRMISFER $125,000 FROM GEnERaL FUND TO SPECIAL ..... ~d~ Itl TO ~ OP~R&TZOR OF COURTY NUSEU~TRROUGI[ THg ~ .~' 1. The Florida Department of Environmental Regulation furnishes J ' a letter placing the sewer system Into service. i o..ook/&.'U---- ~-,--~ 79 -,,.? ~' Page 37 APRIL 2, 1991 .:~"' A(~'~T~'OF S~WAGT FORC~ MAIN FACILITIES FOR AIRPORT ROAD - WITH The Florida Department of Environmental Regulation furnishes a letter placing the sewer system tnto service. o. .ook .,l&~/ Pages ~75 --~7Z EASEMENT BKXB~ C0F~EYED FROM COLLIER C0~, ~ A ~~SION 0F ~ STA~ 0F ~0RIDA, TO ~E C0LLI~ C0~ DI~X~ ~R ~ INST~TION 0F A S~R FORK ~IN ALONG ;.::. ~TAF~ TO-I~PAJ~ BUDG~ AMENDM~TF IN THE AMOUNT OF $3,328 FOR REPAIRS TO TIB II~,A.MAX,~ &T lJ~ UNITED rL"A'"Z~ COAST GUARD AUXILIA]~ STATION .. :.::.:- Al]~!~l~OJt ~ CHAIRg~ TO SIGN EMS MATCHING GRANT APPLICATIONS See Pages /..~--~) "' I q'7' see va~. . /~ Xte~. ~'XW ~ ~ fOR AC~UXSITION OF EASKMKNTS LYING WITHIN PARCELS C16-102 AND C17-156 FOR THE PINK RIDGE INDUSTRIAL PARK MUNICIPAL SKNV~CES TAXING AND BENEFIT UNIT (SPKCIAL ASSRSSM~NT DISTRICT) see Page. /q~- ~oa . ~ OF ~CO~S'~f ~ JOIND~R TO MUTUAL USE AGREE]~ ARKA" FROM THE ~qrT 12~ ~ FOR THE PINK RIDGE INDUSTRIAL PARK MUNICIPAL '-~3t~B TA][ZIlt AND BENEFIT UNIT (MSTU) See Pages ~O ,,~,,, ~ 0~. 93' Page 38 APRIL 2, 1991 ZN ~ AMOUNT OF $?,416 TO TIlE ANNUAL CONTRACT WIT~ FOR SOZL FURCHASE AND DELIVERY RELATED TO 91-293, APPOINTING CLZFI~RD OLSON TO T~E GOLDEN GATE ~AUTSFIC&T~ION ADVISORY COMMITTEE See Page ~/~. CiIHL~:I3~F, AT~*J~gl. COR!q:~"I~OW TO THE TAX ROLLS AS PRESENTED BY THE 1990 -- Ro'a 224/227 lqo's 86/90 Dated 3/20/91 - 3/21/9! 1990 Dated 3/21/91 - 3/29/91 r:~.r,~..: ~&TJ:~'JI,~'IOII Or LIltS fait sElq~v:[c!~s._9r THE I~.BL!C DEr~.~ER FILED AND REFERRED The following miscellaneous correspondence was filed and cr referred to the various departments as Indicated below: I. Certified Letter dated 3/19/91 to Chairman Goodnight from Raymond L. Bass, Jr., Bass & Chernoff, re Leroy W. Porter - Notice of Claim Pursuant to Section 768.28(6)(a), Florida Statutes. xc: NeA1 DorrAll, Ken Cuyler, Jeff Walker and filed. -2. Letter dated 3/21/91 to Chatrman Goodnight from Don C. Price, Chairman, Leon County Board of County Commissioners, re liti- gation with the State Department of Revenue. xc: Ken Cuyler, John Yonkosky and filed. Copy of letter dated 3/19/9~ to Mr. Richard S. T, aymon, President, Political Scle~ce S,.,flw. r. Techr,~,logy, Inc., from James C. Giles, Clerk of the Circuit Court, re proposed meeting. xc: BCC and filed. Cop~ of letter dated 3/19/91 to Mr. Michael R. Dombrowski, Coastal Engineering Consultants, Inc., from Bert// A. Heimer, Chief, South Permits Branch, Department of the Army, re per- mit application for proposed dredging between Sand Dollar Island and Marco Island. xc: Nail DartIll, Harry Huber and f~led. 10. 11. 12. I3. 14. 15. 16. APRIL 2, 1991 Letter dated 3/13/91 to Chairman Goodnight from Steve Mayberry, Director, Department of Commerce Division of Economic Development, re application for the Economic Development Transportation Fund being specified and Iden- tified as meeting the minimum program criteria in accordance with Section 8-6.050, Florida Administrative Code. xc: Neil Dotrill, George Archibald and filed. Memo dated 3/18/91 to All Eligible Small Cities Community Development Block Grant Communities and Other Interested Parties from Lewis O. Burnside, Jr., Director, Division of Housing and Community Development, Department of Community Affairs, re Deadline for Submission of Applications for the CDBG Program - Economic Development Category. xc: Neil Dotrill, Russell Shreeve and fl]ed. Rulemaking Notice dated 3/15/91 from Department of Environmental Regulation. xc: Netl Dotrill, Bill Lorenz, Frank Brutt and filed. Letter dated 3/20/91 from Jon M. Iglehart, Environmental Specialist, DER, to BCC Chairman, re Collier County - WRR - File #1119391?5. xc: Nell Dotrill, Bill Lorenz, (original) to Frank Brutt and filed. Letter dated 3/20/91 from Jon M. Iglehart, Environmental Specialist, DER, to BCC Chairman, re Collier County - WRR - File #111939239. xc: Nell Dorrtll, Bill Lorenz, (letter only) Frank Brutt and filed. Letter dated 3/18/91 from Philip R. Edwards, Deputy Assistant Secretary, Department of Environmental Regulation, to BOO, re Collier County - WRR Marco Beach Restoration, Permit #111460389. xc: Nell Dotrill, Frank Bz. utt and filed. Notice of 1991 DER Florida Water Facilities Workshop, April 16-17, in Tallahassee. xc: Nell Dotrill, Frank Brutt, Bill Lorenz, Mike Arnold and filed. Letter dated 3/18/91 to BCC from Tony McNeal, Engineer, Bureau of Coastal Engineering and Regulation, DNR, Request for Public Comment, Flied #C0-307, Applicant: Westinghouse Communities of Naples, Inc. xc: Nell Dorrtll, Harry Hub.r, Frank Brutt and filed. Certified letter dated 3/15/91 to Chairman re Notification of Changes in Traffic Regulations, from Gerald G. Lott, P.E., District Traffic Operations.Engineer, FDOT. xc: Nell Dotrill and flied. Copy of letter dated 3/20/91 to U.S. Trade Representative Carla A. Hills from Ross P. Obley, President, Economic Development Council, opposing the elimination of tariffs and non-tariff trade barriers under an FTA. xc: Commissioner Goodnight and filed. BCC CC of letter dated 3/15/91 to Ms. Janet G. Llewellyn, Chief, Bureau of Wetland Resource Management, DER, from Bradley J. Hartman, Director, Office of Environmental Services, Florida Game and Fresh Water Fish Commission, re DER #111750129, Collier County, BCC, "Sand Dollar Island" (Big Marco Pass Critical Wildlife Area) Dredging. xc: Nell Dotrill, Harry Huber and filed. BCC CC of letter dated 3/12/91 to Ms. Carol Broom,r, Secretary, DER, from Bradley J. Hartman, Director, Office of Environmental Services, Florida Game and Fresh Water Fish 19. 20. 21. 22. 24. 25. APRIL 2, 1991 Commission, re DER #111786959, Collier County, BCC, Livingston Road Extension. xc: Neil Dotrill, George Archibald, Bill Lorenz and flied. Letter dated 3/20/91 to Chairman Goodnight from Mark Norden, P.A., re his client, Glenn Cartetra, D/A 9/11/90, File #91-105. xc: Net1 Dotrill, Jeff Walker, Ken Cuyler and filed. Notice to Owner dated 3/19/91 to Board of County Commissioners from Schwab Ready-Mix, Inc., advising that they have furnished concrete and related products for the County Water-Sewer District, South Service Area East and South Naples Wastewater Collection Facilities, Contract 1, under an order given by M & M Concrete. xc: Nell Dotrill, John Yonkosky, Steve Camell and filed. Notice to Owner dated 3/19/91 to Board of County Commissioners from Schwab Ready-Mix, Inc., advising that they have furnished concrete and related products for the Collier County Water-Sewer District, South Service Area East and South Naples Wastewater Collection Facilities, Contract 2, under an order given by Verde Enterprises. xc: Nefl Dotrill, John Yonkosky, Steve Camell and filed. Notice to Owner dated 3/19/91 to Board of County Commissioners from Schwab Ready-Mix, Inc., advising that they have furnished concrete and related products for the Collier County Water-Sewer District, South Service Area East and South Naples Wastewater Collection Facilities, Contract 3, under an order given by M & M Concrete. xc: Neil Dotrill, John ¥onkosky, Steve Camell and filed. Notice to Owner dated 3/14/91 to Board of County Commissioners from Suncoast Industries, advising that they have furnished steel fabrication and erection for the Collier County Library/Central Avenue Branch, under an order given by Barry, Bette & Led Duke, Inc. xc: Nell Dotrill, John ¥onkosk~, Steve Camell and filed. Notice to Owner dated 3/22/91 to Board of County Commissioners from Acme Pumps & Wellpoints, Inc., advising that they have furnished dewatering equipment for the South Naples Wastewater Collection, Contract #3, under an order given by Yahl Underground. xc: Nell Dotrill, John Yonkosky, Steve Camell and filed. Request for Contract and Bond dated 3/15/91 to Board of County Commissioners from Graybar Electric Co., Inc., pur- suant to a contract with Hendry Electric, advising that they have furnished electrical materials for the Collier County Public Library Addition & Renovation (Central Avenue). Xc: Neil Dotrill, John Yonkosky, Steve Camell and filed. Notice of Hearing to FPL, etc. and all other interested per- sons on Docket No. 910001-EI: Fuel and Purchased Power Cost Recovery Clause and Generating Performance Incentive Factor (Crystal River 3 Outage), issued 3/21/91 from the Public Service Commission. xc: Filed. Letter to BCC dated 3/19/91 from Benjamin C. Pratt, P.E., P.L.S., Assistant to the Director, Surface Water Management Division, South Florida Water Management District, re Notice of Intent to Construct Works General Highway Permit & Stormwater Discharge Certification NO. ll-00820-S, Permittee: Collier County Board of County Commissioners. Project: Goodlette-Frank Road Extension. xc: Nell Dotrill, John Boldt and filed. 000,, 96 Page 26. APRIL 2, 199! Letter dated 2/20/91 from Fred J. Fagergren, Superintendent, U.S. Department of the Interior, National Park Service, enclosing Findings of No Significant Impact and Statement of Findings for the 1-75 Recreational Access Plan/Environmental Assessment. xc: Commissioner Goodnight, Bill Lorenz, George Archibald and filed. 27. Audit of Utilities Division - Revenue Collection Activity dated 3/20/91 from Clerk's Internal Auditing Department. Filed. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 4:05 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S} OF SPECIAL DISTRICTS UNDER ITS CONTROL PATRIC~A~HAIRMAN , - . .,. , :,..~., .~ ~ele,~J2dtel a~proved by the Board on as presented, or as corrected 97 Page 42