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BCC Minutes 01/30/1990 R Naples, Florida, January 30, 1990 and for the County of Collier, and al~ acting ~s the Bo&rd o~ Appeals and as the governing board{e) of such special dlltrtctl have been created accordtn~ to law and having conducted herein, ~et on thl~ date a~ 9:00 A.M. In ~O~ ~BI~ ~n nFn of the Government Complex. East Nnples, Flor'Ida, ~l~h the following members present: CHAIRMAN: VICE-CHAIRMAN: Michael J. Volpe ~lchard S. Sh&n&hen Burr L. Saundere Anne Ooodnlght ALSO P~ESEIT~: James C. Ollss, Clerk; John Yonkoek¥, ~n~llOe Dorrlll. Country M.t~tager; Run Mc£.emore. Assistant County Manager) Ke~ Cuyler. County Attorney; Mlch&el Arnold, Utllltlez Admlnletrator~ Bob Blsnchard. Comprehensive Pl&nnlng M&nsger; William Lorenz, Environmental Services Administrator; Kevln O'Do~mell, Public Servlcem Administrator; George Archibald. Transportation Services Administrator; Frank Brutt. Community Development Services Admln~mtr&tor; Jeff Perry, MPO Director: Russell Shreeve, Housing Ur~n I~provements ~rector; Wlllia~ Laverty and Ron Lee, Pl~ere~ Assistant to the Board; a~d Deputy Byron Tomllnson. gherl~f'l Office. 000o:1 3anuary 30, 3990 Item CoUnllstoner Shanahan moved, seconded by Coumlsalonlr Goodnlght and carrled unanimouw1y, that the agenda and coneent agenda approvmd with the following changes: Item 12C Dlscunsim~ r,,uar, dlng Collier' County'~ Intervention In support of Sheriff Don Hunt. e~'s department regarding the Department of Cora'-ct Lt~s - Added, as requested by Item 9A2 Recommendat ion to gr,int preliminary acceptance of the roadway, dralnaU~., wat~t' -nd sewer tmprov.ments for the Item 9D2 Th.it th,. [h~,~',l of County C~am~iswion~rs accept S~w-r F,,r'c,. Main Facilit I~,~ t~r Toll a~te Commercial Cent.r/D.~vi. Blvd., ~,cc.p~ bm%d posted with the Ol~r~'s office and approve amendment to Developer Agreement - Added, as requested by Staff. Item Item 9D3 Toll gat,. C~,mmer'c[;~l C,,nter, Phase I Water and Sewer Facll}tles Acce. ptance - Added, aw requested by Staff. Move Item 14C2 to qC2 -* P,..rmlNsion t. apply for Community D,'velopm,-nt Block Grant - Aw /'eqllested by Staff. Move It.m 14AI9 to 9A3 - Rec,~mmendation to approve for recordln9, the fiual plat of Imperial Golf Estates Phase FIve - Ail requested by Staff. MINUTES OF REGULAR BCC MEETING OF JANUARY 9, 1990 - APPROVED AS Commissioner Shanahan moved, seconded by Commissioner Ooo~/ght ~nd carried unanimously, that the minutes of the Board of County Comulaatoners' regular meeting of January 9, 1990 bo approved a~ p~e- mented. Item g6A County Governm.nt. Item ~A1 RISOLUTIOR 90-33, RK PKTITION CP-89-1 APPROVING THE PROPOSID AMIIFIBiIIJT TO THE IrI~I*U'AI LAIqD UBK ELEMENT TEXT OF THE ORO~ITH MJOtAO~ ~ J~OR Page 0OOO8 January 30. ~990 Legal notice having b~en published in the Naplem Dally News on January 21, 1990, a- evi,l,,~c~.,I by Affidavit of Publication filed with the Clerk, public h-sting wa. opened to c,)~{~}d.r ~ amendment Collier Company tn conjunction with the }lalatatt DRI which II located at Golden Gat~ Parkway and Airport Road. He noted that the con- figuration of the existing Activity C~ntnr and the natural and man- made constraints limits the ~muunt of th. proJ~ct'~ commercial land uses, and therefore, an amendment In n,~d~d to allow ~taff ~o review approach. He ntated that this amendment will allow Mr. Lee reported th.ti it in importuner to note, that today's request l~ merely to connidnr transmitting the amendment to D~A, and the project will l)e evaluat.d when the languag, i9 adopted In May or June. He stated that this Is a ~eneral language amondmen~ and applicable to all Activity Centers, except Interchange Centers. Mr. Lee advid{ed that the Collier County Plannln~ January 18, lqqO, and unanlmou,;iy rec:(~mntt, t%,l~(I forwarding thelI changes ~o DCA. Mr. Lee requ.nted that the Commission forward tho amendment to DCA for their r.vl.w, and that th~ Board .tat. th. ir lnt~nt to and hold a seceded public hearing r.garding thl~ amendment. Activity Cen~er. a:'. specifically d.~lgn~.d and mapped wl~h zoning and property lin.. in c.n,~ld.r,,tlon, and thor.fore, If an amendment to O00L)9 Pmge 3 January 30, 1990 expand th~ boundary ~ n.co~-at'y, n map changed would be required, Attorney George Varnado-, representing Halstatt Partnership, advteed that Mr. I,oo vory a,'cur~toly doncrlb~d th- propon~d Comprehensive Pla~ am,,ndm.mt whtch would al l~,w the~. Activity Centers Comamiaiioner Shanahan moved, seconded by Commissioner Ooodntght mhd carried m~ninoualy, tha~ the public hearing be closed. Commissioner Shanahan moved, seconded by Commissioner Qoodnight and carrl~ ~laously. to approve Petition CP-89-1 and adopted ~~nt of Comity Affairs for their review ~d comnt, ~ t~t a mecond ~bllc hearin~ will ~ held wlthln 60 daym of recelvln~ co~ Page January 30. 1990 OR~XIMJICI gO-Il. AMENDIMO ORDIM&NCl 89-5, THI ORDER ~O~ PW - Legal notice h~vLnu b,,et~ i)uhlish~d In ~h~ N~pl~) D~ily N~ws on December 19, 19fl9, an ovidenced by hfftdflv[t of Publicatxon filed with Collier County Ordinance No, 89-05, the "Collier County Growth Management Plan", for the Unincorporated Are4 of Collle~ County by amending the Future [,nnd Use Element, Future [,and t)ne Dealgnfltlona; by amending the Future Land Use Map legend; by ~mendlng the Circulation Element, I,evel of S~rvtce Standards, existing conditions and future conditions, map~, teble~, and Policies; by amendlltg the Capital Improvement Elem~.nt Policies r~flect~d In the .mends(tats the Traffic Clrculatio~ Element Pollcl,.s; by ~me~dlng Recreation and Open Space Element, existing and future conditions maps from plannlng communities to Impact fee districts; by providing for and providing an effective dat.. Planner Laverty explaln.d that this Is th~ second public hea~lng that has been held on these amendments. He Indicated that oxt Au~et 8, 1989, the Commission approved amendments for transmittal to the Department of Community Affairs, He stated that DCA'a Objections, Reco~endatlons, and Comments Report was received on Decembe~ 7, 1989. Mr. Laverty informed that during today's public hearing, Staff will recommend that sever4l changes be me, de to the amendment package that was submitted to DCA in luguflt, and the Commission may adopt MAth changed or not ~dopt the am~ndm,~nt which v~. trenDs[tied to DCA. Indicated that Staff rec~)mm~mlrt theft th. l)(mrd take actlo~ oft each individual Element, and in the. ~:a.. of Traffic Circulation, that action be taken on each specific [t.m that was proposed for h~Fl ~d ~).L[lmm)~t ~.o~eed Amendmen~ Comprehenslv~ Planning M~r~,l(Je, r ~X(t~%ch/trd ~tflted that no obJectlon~ were received from DCA r'~arLllt,,j thiR Elam.mt, but one comment wee received, lie advised that Staff Lfl re, commented[nE c~ll to 3 Irlll · ~lch are basically hm[neke.t>inU ltem~. ! January 30. 1990 1. Clarifying the density rating system condition ae it refers to an area referred to as the "Urban Coasts! Fringe" of U.S. 41, eamt ~,f tho City limits, and extending to the eastern odO~ of the boundary). This area will be limited to a maximum of four dwelling units per acre. A map change will reflect a cross hatchtn9 lndicatlnu that thl~ ar~& is treated differently, and text will be Included In the Future Land Use Element to /urther explain tho condition in the density ratin9 system. 2. A change to clarify the Activity Center concept. This was referred to, on ~ previous map ~nd in the text as "Commercial Activity C~r~t.r", .~r~l train wilt he changed to "Mlxe~ Activity 3. Correct an ovorsiuht to add coastal beaches to the Overlay District which is called the Areas of Environmental Concern. In answer to Commi~siou~,r Hesse. Mr. Blanchard explained that if development is to take place w~thin an Activity Center, there ia an option for maximum density up to 16 units per acre. He noted that this is consistent with the theory th,~t it is more desirable to concentrate hlgi;er int~nsity development into the nodes around the Activity Center. There were no speakers. Coetmiaeloner Shan&han moved, aaconded by Commiaaioner Oood~tght and carried ur~anie~uaiy, to approve the ~aend~enta to the ~re ~ Uae Ela~nt ~d the ~ture Land Uae Hap. Recreation ~d O~n S~ace Eleaent Planner [,nvorty e~tnt,.d th,)t th,, (:h,tng~,N for thin Element that were submitted to DCA, war,, chauUe~{ tn map format. He noted that aa pre- viously adopted by the Board, all existing and planned parka and recreational facilities were placed on planning community maps. informed that 2t~ff t~ {','~:(,mm,'~.liuU th.~l tho~. fdctlitiva be placed Ordinance. lie ~tnted that DCA',~ comm,~{t~ r,]ativ~ to this Element Co~{aeloner Volpe r~mnrked that th, Bluubil{/Conklin Point has been dia,:us.ed for aC,l'=i~it ion for ~ boat r~p, He quemtioned Page 6 0001(3 January 30, 1990 sedate the change. If the Conklin property Ie acquired? Public Services Administrator O'Donnell stated that the Plan will not have to be amended, ~nd Informed that wh.n th. boat ramp l~ndlng stud~ was done two years ago, 10 bo.t ramp~ w. re ld.ntlf~ed by re~lon, b~ ~ c~rl~ ~~usly. that to appro~ the ~n~ntm to the Chief Transportation Planne~ Perry advised that the Traffic Circulation amendments tha~ ~re transmltt.d to DCA take tMo forms: updates or corrections to th~ data that ~a~ adopted as per~ of tho Klement; and several changes were requested by Staff dealln9 ~lth Levels of Service Stflndflrd~. Irs noted that obJ,~(:tlons were received from DCA relative to Bonit.~ B.ach Road and State Road 951 between 41 and Marco Island. As m result of a State DOT change In the definitions of urban area, and by creating a transitional urban area, Mr. Perry revealed ~hmt the Level of S.~vlce Standard was chan~ed on S~ate Road 951 from LOS "~" for the entire road, as adopted by khe Commission, ~o "D" the southern 2/3's of the road. He indicated that DCA ob3ected ~o the LOS "~", since this was contrary %o the Hurricane ~vacuat~on Plan, and the Regional and State Piano, and therefore, su~e~ted or to live with the t~ansitlonal ~tandard of "D". Mr, Perry advised that St,,ff la recommendln~ that the mmendmen~ be CouilsJoner Sh~nallan stated that he recalls that one Of the · 00017 January 30. 1990 to adopt the 'D" level was not in the County's best Interest since It would n'ot allow sufficient tim. to obtain fundln~ and to ~e~ the road completed, Mr. Perry indicated that Commissioner Shanahan'm recollec- ~Aon Aa correct. Nra. Charlotte Nentman, r~pr~nentlng the League o~ ~onen Voters Collier County, stated that sh~ can ~cc~pt Mr. Pe~ry'a coma.nra and reco~endattonm, but sugge~tpd that slnc.~ consideration la being given tO withdrawing the ~mendment, this shoul~l be done with specific safe- Mr. Perry informed that when DCA'm Objections were recmAvmd, letter was received from DOT Indicating that they were going to object to the County's amendm~lt~. }{~ n~t,,,l that Staff d-teumln.d that the option o~ withdrawlu0 t}~,- ameadme{%ts wa. a logical step, and that com- munication wan trannmittnd tm~:k t~m DrIT, .mad th-y Irt turn, In writing, stated that although th.y pr.f,.rr-d that th. "D" ~tandard be adopted, the County does hay. th. riuht t,~ u.. "K" standard because of their policies, In respon.e to cummi~.tm..~. V~,lp,~, Mr. Perry .xplalned that the Regional Planning Council's r,-comm-ndation to resolve the Incon- sistency, was to bari. th,. c~muty cl~mmlt to better hurricane evacuation Levels of Servtc.. and :;taff r,.~t),,ud.d th.t Ihl~ <:uuld be done since the hurricane season occura t]tlr[ltU tlte~ off-season, and there la a better Level Of Service on SR-951, than during the peak season. Beach Road, Mr. Perry r~i,ort,,d that shortly after the Plan w~s adopted · nd the aaendment procemn had b~un, Staff realized that the segment Drive, and approximatrly l.et mil,, tn l~nuth was beyond ltl acceptable LOS. He stated that the adopted I,OS In the Plan la "D", and the LOS 1~ 19~ wn~ nlr,.t, ly h..y(md Ih.. [,,,v,.l, .m,I ~t,~ff I'.(ltlmflt~d that effort to obtain some tim,,, th.,t tl~,tailn be worked t~ut In a Joint agreement to repair the r~aa and shnr.d by both Counties. and that the 00(118 JanuaF~ 30, 1990 LOS be lowered to 150% of Level "E". He remarked that DCA and the Regional Planning Council objected to that recommendation, but noted that the Regional Planninf Council we. satisfied since Staff agreed to informed that DCA advised th.t thi. was not consistent with the State Plan, and not consistent to drop the LOS on a County Road, Mr. Perry indicated that Staff la recommending that that amendment be withdrawn, .thc. th.y d~ ~.t t~,,tl,.v. ~hnt furthnr 3usttf[catlon can be made and, therefore, do not want tn risk the challenge o~ the Administration Commt..[.l~ ,~t a put, Itc h-sting. He requested that thin road remain at LOS "D", Commissioner Yelps questioned whether It la poaatb~e Jn thJa Instance, and under tile County'~ Concurrency Management System, that development tn that port 1.~ n[ th,~ County may he effected, and on the other aide of the road It may ~tut be? Mr. Perry ~tated that this le certainly possible. There w~r,t no speakers, ~~S~r Shmn~ movmd, seconded by Commtmotono~ Yelps and ll~t ~ ~pted. Mr. '.averty advised that the information for this Element tha~ had originally been submitted to DCA was a reflection In the Lew~I OF darien to withdraw thai ame~.,~nt, Staff Is a]~o ~ecommend~ng that that portion of the Cap[ta~ ~m[,rov.m.nt EIe.~ent of the package be withdrawn, Omi~lon~r ~ahan moved, seconded by ~oel~lou~r ~t{ht ~ c~i~ ~l~u~ly, to accept ~taff'e recomn~lon. Mr. Laverty ~tat,~d lhat ther~ Is an ordinance in today's package and Staff needm direction ~o mak. changes to the da~e and chan{es r~lative to the mollon~ which wet. made. Page 9 00O19 January 30. 1990 Commissioner aaunders moved, seconded by Commissioner lhaglt~ tad c~rl/d unanimously, that the public hearing be closed. Comslleloner 8hanah&n moved, seconded by Co--laeloner Ooodnlght and carried unamlmoual¥, that the Ordinance aa sanded. ~nd al nula- bersd ~ad titled t~mlow. &~endlng Ordinance 89-5° be adopted ~nd into Ordinance Book No. 37: ORDINANCE 90-11 AN ORDINANCE AMENDING CO[,I. IER COUNTY ORDINANCE NO, 89-05, THE "COLLIER COUNTY GROWI'tt MANAGEMENT Pi. AN", FOR TNE UNINCORPORATED AREA OF COLLIER COUNTY FlY AMENDING THE FUTIIRF, I.AND US~ ELEMENT, FUTURE LAND USE DESIGNATIONS; IIY AMENDING TIlE FUTURE LAND USE ~P LEGEND; BY AMENDING THE TRAFFIC CIRCULATION KI. EMENT, EXISTINO CONDITIONS AND FUTURE CONDITIONS, MAPS, AND TABLES, BY AMENDING RECREATION AND OPEN SPACE ELEMENT, EXISTING AND FUTURE CONDITIONS MAPS FROM PLANNING COMMUNITIES TO IMPACT FEE DISTRICTS; ~Y PROVIDING FOR SEVKRA~ILITY; AND PROVIDING AN ~FFKCTIVK DATE. Item ~gA1 F~E SIMPLE TITLE TO MATER MANAGEMENT AREAS AND CYPRESS/MATER MANAGEMENT AREAS OF COLLIER VILLAOE TO BE DEDICATED ON PLAT TO TH~ CO~TWTT; COUNTY TO APPROPRIATE FUNDS FOR MAINTENANCE AND ASSUN~ LIABILITY FRO~ FAILURE OF THE DRAINAGE SYSTEM OR ACCIDENT~; USE OF LAICE$ RESTltlCTED - APPROVED IIousing Urbau Iml,~r~}w"mr'ut,~ D[rr,(:t,)r .'lhre~w. advised that the areas In conjunction with Collier Village. He afflraed that Collier Village is a PUD which is bain9 fund~d with the Pocket of Poverty Grant and the Commur~ i ty D-v~, lopm,~t Block G~rlt . Hr. Shreeve Informed that Colli~r County Concerned Cltlz~na ~111 be building a congregate c~re facility for lo~ Income elderly people In the northern section of tho property, He indicated that Cypresa/~ater M~nag~ment ~:'~a l l~ t. the north of the propelled f~cl- llty. and the property surrourlclt~ two lakes. Ho advised that the Collier County Hou. lng A. th. rity pr~q-)~es to build 30 ~nlts on two tracts of la~d on .tth~r r~l,l,. .f [,~k,, ~2, and th,,y will rent these unite to f~raworkers. He m)t~d that 44 lots have been platted ~abltat for Humanity, a~.l th,,.,, wtl~ be prlv~te ownershlp lotto. Page 10 OO(1~O Januar~ 30. 1990 two lakes for weed control with Water Hanagemen[ Director Boldt0 and he has Indicated that th,. con! ~hm~;d tie no mdc. t)mn $2.OO0/year per lake. Mr. Shreeve report.d that R t.-k Manag~,m,?nt Director Walker has advised that the County's lnnurance rates will Increase very little, If liability Is assumed for th,? water management areas. Mr. Shreeve offer~.d th,. f,)llowlng options to b,~ considers, d: The foe slmpl~ title to the p,~rcels be dedicated on the plat to the County, the County appropriate funds for malm~tenanca0 drainaU~ system ~,t /,, ,'{,I,.~t~, .~ud nubJe~:t the u~ o~ thw cally prohibit recr~.ational tire, bathing, fishing or other u~es of th~ lak~ 2 o The Board of County Commisslon.rR accept an easement i~terest ment system, that the foe .imple title to the parcels be dedicated on the plat to ell of the owners In the sub- divisions, and tho owner~ of th~. subdivision assume any liability that would ~rise from f~ilure of the drainage system or nccld.nt~, inv,,lying th. lakes, th. County ~reas, and ~ut)J,.,:t th. uno of the lak.. to restrictions which ~llow (~q~ the u~e of the lakes for water management and beaut if icat ion purpo~.s and ~pecif lcally prohibit The Board of County Commissioners accept an easement Interest for the purposes of installing and maintaining a water mana- gement system and that tho fee simple title to the parcels be dedicated on the pl~t to all of tile owners in the sub- division, and the owne?,'.q of the subdivision would be respon- sible for malnten~nct, .tail any liability that would melee from fallur. ~)f th. ,tr,,ln,,t{,, ,,ynl.m or acci,l.nt, lnvnlvl~6 the lak.n ~,r .mr.,an. It [', I'{,t:i]mme,ltde. t~ that In order to reduce liability that the. u~{,. ~f ih,, lak,'~ b. subjected to restric- tions which would alii ,w ?{~g w~t.{' management and beautifica- tion and sp.ciftc.~lly prohibit r,~cr,.ational use, bathing, flshia9. or other ~im'h urges, Mr. Shre.,,ve. -t,lt,.d tl,,it h,' 1., r,,i,,mm,.ndlnU th.t th,. Commission approve Option al. He lmllcated that th- ownership of the northern portion of the property (Cyi ','. manag.m.nt and Lake ~1) would be surrounded by the Cell ler County Cm~cern.d Clt izena and low Income people will be living that.. H,, not,.d tim! the people who will be they ca~t afford for their bee. tnU and, tht)refore, he reco~ondl that Page 11 January 30, 1990 the County maintain end control the property in or(let to provide affordable housing t~ theme p,.ople. 1~ answer to Comm[sslon. r Has.e, County Attorney Cuyle~ going %o maintain the water management and maintenance obligation these areas, or whether standard procedures will be followed and have the developer and then a subsequent homeowners' ~usoclmtton those responsibilities, ~. statt~d that if tho County emintalns those areas, the liability Is ln('r~dned [f there la an accident as a result of negligent malntenanc., Commissioner Volp~ statt, d that h~. does not support Mr. Shreeve'm recommendation for the County to accept the liability Issue. questioned whether any part 1~ :,1 ,: .t~ t :,,n~ will b.. t,~ken :~'.'~ to the water management and retention lake~ to prevent the elderly folks from falltn9 into th. w~t,.r? Mr. Shreeve explelned tha~ tt was hoped that fencing would not have to be Installs, cl, since the lakeN are to be used for wats: manage- · ent and beautification, He noted that restrictions will be posted, prohibiting boating, fishing, swimming, etc. County Attorney Cuyler advised that his recommendation la that the Co.lesion not deviate from Its standard procedure, and that those responsibilities be assum.d ky the developer. Attorney George Varnado. calle~d attention to the fact that the County la :he "developer" In this Instance, since t~ using Block Grant money for the roads, water, s,~wer, sidewalk&, site fill, and the water manageaent system. Ha stated that this Is a situation where there will be four groups wh(, will t,..Ul,plylr~9 affnrdahl, and low income housing, and they are asklnU that the County assume some portion that. Ho informed that th. ~lt. includes the two lakes, a horseshoe tho lake will filter Into th,~ wetland cypress area at the north of the property. He requested that the C.unty .ssume t'esponalblllty for Page 12 OOf) January 30. 1990 Tract L-I £.ak~. Tract I.-2 l..tk~-0 ar~,! Tract "g." which lm th~ Cypress preserve, mad to maintain th~ nmm~ under the County'm umbrmlIm ~neurance policy. Commissioner Volpe Indicated that he does not have aa much of a problea with the ~aintenance ~e,pon~lbillty as he does the liability. Commissioner Saund~rs quest ioned whether th~ County has been exposed to liability In the pa~t. or l~ any other counties have been eued because of a probl,m with a water management facllAty? Count~ Attorney Cuyler advised that the County la exposed to ~hla. bu~ no~ed that he cannot recal~ many claim.. He Indicated that thla specific type of situation is not on, that the County [~o~'aall~ covers. County has been sued for negligence of canals, County A~orney ~yler ln~or~d that the County 9~ts suits for flooding, as opposed to drown i n9 · Commlssioaer Shanahal, stated that It appears that affordable housing ~tll be enhanced by the County supporting this maintenance and being responsible for samo, and noted that h~ d~es not view this as any great liability. He l~dicated that the risks are minimal since fishing, swimming, boating, etc. will b~ prohibited, and affirmed that Co~lssloner Goodntpht explained that she views this proJ,~ct as being one that Preslde~t Bush contlnu~.s to talk about In his 1~000 ~intm of lif~. flh~ romarked th~tt C.11t,.r ~ottnty actively pursued the ~1 alllio[i tn Pocket of Poverty Funds, d~d the $6~0,000 for tile Co.unity Dev~lol,ment lllock Scant, and cited that ohe belleve~t that aware of the fact ~hat th~ Commission fe~ls that affordable housing la ~alntenance and liability for' ~him project, since It la par~ of the overall plan of local, stat~ and federal Government working together ~o solve the problems In this community. Page 13 January 30. 1990 Com~iIaloner Ooodntght ~oved0 ascended by Conlaelon~ to a~o~w Option ~1, ~ reco~nded by Commissioner H~sse requested an opinion from Count~ Attorney Cuyler, who advised that Commissioner Goodnight's motion is not ille- gal, but It does entail some l~gal and practical considerations dealing Nlth costs. Co~lsaloner Yelps questioned ~hy the Board of County Co~Issloners Is being asked to assume this responsibility? Attorney George Varnadoe replied thnt this in n County sponsored pro,act, and ~lth reference to th~ SMP's and th~ Water Management Plan, thl since the County will be doing the wo~k, and this. are public tleI, that It would be appropriate for the County to aIIUme ~eIpon- slblllty for same. He noted that since the County ownI the land, and If the Commission feels that It ~ ,qq)roprlate to fence off those facilities, they have the ability to do Mr. Fred Thomas, Executtv. l)lrector of the Collier County Housing Authority, stated that ~everal years ago, thl~ parcel of land was given to a non-profit group to implement affordable housing. He noted that one of the caveats In the Community Development Block Gl'ant was that someone had to guaranis., if the County Installed the roads, sewers, and water management system, that there would be the develop- ~ent of at least 27 units on that site. He explained that this la the reason that the Collier County Housing Authority fought the ~armers' ~oma to provide an additional 30 units to make that community work. He reported that a volunteer gr~ni[) will build, mai~taln and operate a 24 p~rson ~dult conorount~ ltvln9 facility, Habiti~t {or Humanity will build 4i -inole-famllv hom~- for first tim. low lncom~ hom~ buysrs, and th~ H~usinu Authority will prt,vid~ 30 units of duplex housln9 for farm labormrs, al~d another tract 1~ b~ln~ consldmr~d by a ~h~rch {roup to construct houainU for the ~lderly. He stated that this Is a cospr~hmnslv~ packag, to pr.vide dffordabl, housinu In ~olll~r ~ounty. Page 14 O00Z4 3~nuar¥ 30, 1990 Mrs, Bea Harper stated that attempts have be~n mads for the past yeara to provide housing for the poor in Immokalee, She that the AChE unit will b~ licensed by }IRS, and the money ha~ been funda. She Informed that she le disappointed that there is any question at all about the County supporting Collier Village. Upon call for the question, the lotion carried unanimously. R.I~OLOT/ON 90-3~o &UTRORIZ/NG PRIL/H/NARY ACCIPTA,RCI O~ D~X~. ~ t ~R X~RO~~ IN TOLL GATE C~CXAL ~ O~ ~ ACCEDING ~I~ERANCE BOND ~ROH ~R D~LOP~ ~R County Manager Dorrlll st~ted that th~ next three ltem~ rel~e to Toll Gate Commercial Cent.r~ Prolimlnary acceptance of the roadway, drainage, water and sewer improvements for the final plat; acceptance of the Sewe~ Force Main Facilities along Davis Bouleua~d; and, accep- tance of the Phase I Water and Sewe~ Facilities. Comm~sslone~ Saunders indicated that In :lGht of the fact that thele are routine acceptance., h- will make the following motJonm: c~ri~ ~t~u~l~, to gr~t prellmtna~ accept~ce o~ the r~y, dral~, ~ter ~d s~r laprovemente fo~ the fill plat of 'Toll ~te C~rcial Center Phase One", and that Resolution 90-34 · dopt~, subject to Staff's Stipulations. Page 15 0OO 5 ~anuary 30. 1990 Item BOULEVARD, ACCEPTANCE OF BONO, AND AI~NDt~iNT TO D~V~LOPER ~0.~TI*_~..APFROVED SUBJECT TO ETIPULATIONS Couleeioner Saundere moved, seconded by CouSeelonar ~hanahan and carried unanimouel¥, to accept the newl¥-conetructed a~ge force facllittea ln~t~lled by the Tollgate Co~,~ercl&l Center. eubJect to the following Stipul&tlone: The F;or~da Departmont -f Envlronmt, nta! R-~ulatlon furnlehee a letter placing the se~er eyetem into ~ervlce. Approve th. amendm,,nt to the ~,~.~' Service Agreomant with Tollgate Commercial C~nter and authorlz, payment of $11,166 to Tollgate Commercial Center, Grant a waiver to Ordinance 89-23 and approve the use of a cash deposit t)of~tetl with thP Cmmty Cl~,rk'a Office In the amount of $39,525, for the Tollgat. ~ommerclal Center project off-slt~ lmi, rovoment.. ir{ lieu of th. r.qulred Performance Bond or Letter of Credit. peg. 0003,1 3anuary 30, 1990 Xtem dSD3 ACCIPTA~CE OF TOLLGATE COHlqERCIAL ClHTER, PHASE I NATI3q AND SEMIR FACILITIES - APPROVeD_SUBJECT Co~alaaloner Saundere moved, eeconded by Co~aloetoner Shanahan and carried un~nimouely, to accept the water and eewer facllitiee for Tollgate Co~rcial Canter, Phase I, eubJect to the following Stipulations: 1. The Florida 5apartment of Environmental Regulation furnishes a letter placing the sewer system Into service and approving the water distribution ~ystem for service. 2. Bacteriological tenting has met the County's requirements. 3. Tile Fire? District furninhen a letteu accepting the fire hydrant~ for owner~hip and maintenance. 4. Letter from Compliance Services certifying final Inspection. 5. The sewer lift station constructed aa {)art of this project Is started up within fly,. (5) day~ of activation of the County's regional system. Th~ dev, lope:' agree~ to make any/all con- nections to said lift station within ten (10) working days of start-up'***DOCUK.,gHTS NOT RECEIVED IN CLERK TO BOARD OFFICE Recorded lu'~.~Foo~L'oUjT ?' 1990*~t"*w Pages · '' Recess 10:30 A.M. - 10:40 A.M. ese Tap~ #2 Xtea #Jl3 Noved from 14A19 FIll.tL FL4T O! INPIRIAL GOLF ESTATES PHASE FIVE - APPROVED SUBJECT TO STIFU~tTIOI~= ~ ~FROVAL OF SCRIVENER*$ ~JtRO~ Community Development St. rvices Administrator Brute stated that this item was pull.d from the consent agenda and moved to the regular agenda due to a scrivener's error. He called attention to the Construction and Maintenance ASl'eement. #1. which Indicates that the developer will be given a~ m(mthtt to complete improvements, and this should be changed to "l? m,:~tk.." ~'t' lhf,rm-,! that th, developer has egre¢,d to that thymus, Commissioner Yelps moved, seconded by Couniseloner Ooodnlght &nd ctrrted 4/0 (Conleetoner Saundere out of the room), to approve for recording the final plat of "Imperial Golf Estates, Phase V', subject to Staff*e Stipulations. and the correction of the acrlvener*e error tm tho Construction and Maintenance Agreement. Item ~OUl RIPORT RI PLAN irOR 'IRK XN'TKRXM OPIRTNO Or CINTIR STRIFr VXA A ORI-NAY CORllI~TXOII BITMII# Till PXNI RXD(]I BUBDXVXBXOW ARD (IOoDLrT'rl-JIUI~K ROAD - MAXIFTAXN 97AT'139 QUo OIP CINTLR 9TRRI? U~I*XL GOODLITTI-ERARK ROAD X9 ~ TO XIOIOICI~_LA_E_ ROAD Subdivision and Goodlette-Frank Road to addreso concerns that were St&fl was directed to come up with on,- d,.nlgn for . ro.d connectSen access to Ooodlette-Frank Road for the pur[~ooea of being able to make turning movement~ at Pine Ridge, and ut Illzlng the signal at Ooodlett. Road, Mr. Archibald referred to a displayed blueprint depicting Center that the design that Staff believes would be the most feasible to end Pine Ridge Road, all(,w[n,j for movements coming out of the sub- division, to rank. t'lght-tul'ns i)nly and Us southbound. Jla revealed that In order to address Staff's concerns relative to movements uti- lizing that one-way connection to come back tote the Pine R~dge mub- division, concrete curblnU wLl l be uNed In .ddltlon to the Installation along the center l[~,e of Goodlette-Frank Road, o~ deli- neation posts which will mak. Itv. ry difficult for someone to make movement back Into the subdivision. the Pine RldOm Civic Association to see how the resldmn~s fel~ abou~ those connections. He explained that th, results of tha~ meettn~ are the concerns expresued by th, residents were that Center Street a~momt a direction connection between U.9. 41 and Pine Ridge Road, and January 30, 1990 it was felt that over a period of time, a lot of traffic will be attracted to that corridor, and the amount of cut-through traffic will increase and result in not only an adverse impact to the residential uses, but th~ id.n that th~ tbt,ouuh tr{,ffl(: will bf? traveling at a high rate of speed and would effect the quality of life and the value of property in that subdivinlnr{. He informed that during that meeting, a survey was filled ,~ut by approximately BO who were In attendance. He reported that the restllts of the survey ia that 67 of the residents Indicated that they would like the connection at Center Street postponed, and 13 r-ni,lf,~ts ar. l~ fav,~r of that connection, many of the folks felt that a bigger problem would be created within the roads of Pine Ridge by op~;:ng up C~nter ~treet, than the current situation at East Avenue e,~d Pl,,e Ridge Road. Commissioner Hasm~ ~sked what the timetable la for completing the 6oodlette-Frank Road Extension to Immokalee Road? Mr. Archibald replied that Staff w111 fast track to get the' project underway with construction commencing th~ 1.~tter part of thlv year. with completion in 1991. Commimsioner Saunders questioned whether Staff has reviewed the l~otentia! of making East Avel~ue right-turn only at Pine Ridge Road, and opening up Carica Road and Center Street to right-turn traffic only? Mr. Archibald teapot{dad that thi~ 1~ age-thing that c&n be dome from a traffic mignage .tal~,lp(~iut. but Staff f~,elem that it would be very difficult to e~mforce. )(. l~dlcated that the people who want to travel eastbound will mak., a right tur~0 Us down t¢~ th. intersection at Caribbean, a~d m~k- ~ U-~ur~l, which may m.r. ly relocate the problem. The followin~ persons spoke In opposition to opening up Canter Street: Mr. W&lly Dow Mr. Arnold DeHart Dr. Oerald Walker Hr. Fred Olll.tt~ Reasons of opposition were cited an f~llowe: there ia no rsaaon ~or any traffic to ~om~ l~t{, Pl~e Ridge unless th# people live there; 00( Page 19 January 30~ 1990 the streets within the subdivision were designed many years ago and they will not accommodate heavy or fast traffic; If Center Street la opened, It will promote speed mud atlditlottal traffic; the colts to at East Avenue and Pine Ridge Road; the majority of the cut-through traffic is transient traffic; the op~nlng of Center Street will result in additional traffic on all other streets in Pine Ridge; East Avenue and Caribbean should al~o b,. clm..d at Pine I{tdg,. Road; Trail Boulevard could be connected to Pelican ~ay Boulevard; the increased traffic will change th,, chnra,:t.r of ti., nubdlvintm~; cut-through traffic will increase accidents. Commissioner Saundera .tared that a couple of the developers on the east ~ide of Goodlette-Fr~k Road had ~,rtuinal]y r-quested that Center Street be opened° ~nd tbs) Commission was attempting to accom- modate all of the property owners of Pine Rldg,. aa well as the surrounding property ownerm, ¢OllilliOnar S&undera ~oved, seconded by Coeualealoner Volpe and carried unanimously, to maintain the statu~ quo until Ooodlatl-Frau~k Road II extended to Immokalee Road. BID laS-l&Sl. THR~E CROSSWALK STRUCTURES FOR PUBLIC B~,ACH ACCESB I~ITH]I B~EI~OT BEACH PRESERV~ PUBLIC PARK FACILITY - AWARDED TO Legal notice having beer published In the Naples Dally News on January 3. and ?. 1990. at~ ,vid~..m~d by Affld.tvit of Publication filed with the Clerk. bid~ we:'- :'cc-lv-d uutil 2:30 P.M. on January 19. 1990 to consider Bid #flS-i4ql. c,111~r camry ProJ,.ct No. 69012: Proposed Beach Preserve public park nits. ?ransportatlon Services Administrator Archibald indicated that thim item deals with the timber crosswalks at the public Barefoot Beach Park mite in North Naples. He informed that Staff ham proceeded through a ct)nstlltlng (lesiu{i colltract with C(~a~tal Engineering to not Page 20 January 30, 1990 only complete the dt. alg~ .,f~,l ol,tal~ permit~, from DNM. but also to bid the project out. Mr. Archibald stated that prices have been received for the dune crossovers and range from $52,274 - Sea,gal.e0. .e advised that Staff had estimated this work to co.t approximntelv $fi3,000 and, therefore, believe that the bids a~'e oompetltlve. He reported ~hat 9ta~ lm recommending th.~t tJ~ bid t)~ a~a~'(le,l t~) tb~ low l,i,]d~r, Ooorg~ g. completed, and Crosswalk ~3 will be completed within 6B days, ~nd the beach mite will then be opet~ to the public. Commissioner }lam.e, ql~tio~otl th~ qtattln of th~ r~ltroom facili- ties at the site? ~r. Archibald s~ated that this is p~rt of the con- Tal lahassee. ~bllc Services Adml~lstrator O'Donnell explained that once the first crossover 1~ completed, the park ~111 be opened. O~l~loner Sa~ers aove~, aeconde~ by Co~lsaloner S~~ ~d ~rA~ ~l~sly, to a~ard the const~c~ Ion contract for ~td · ~-1A~1 ~o ~r~ E. ~tchelder tn the total ~o~t of ~2,174 for t~ t~ cros~lk st~ctures for public ~ach access ~lthtn t~e ~f~t ~ach ~ese~e ~bltc Par~ ~aciltty. Transportation Servic~ Adninlmtr~tor Archibald explained that Ooodlette-~ra~k Ro~d from th~ n~)~lther~ connect lo~ with Carlca Road, northward approxlmntely 3.4 mll~a to lmmokal~e Ro~d. He noted that a contract ham been negotiated with Ag~,oll, Barb. r ~nd Brundage, Inc., a~d 9taf~ 1o pretty wff]l .,1,,~U with ,.nt.,t)lit~hl~U th~ acol~ O~ tho activi~lea. Mr. Archibald ~dvlsed that ~ two-phase contract la bein~ con- Page 21 January 30° 1990 sldered: the first phase of the contract will be to move forward to pooslble; ~nd ~he second pha~o will be long term In obtaining tlonal rlghts-of-wa~ and d~slgnlng ~ future four-lan~d roadway. He been u~d on othe:' contt',~ct~, and ~tJ~nU ~tt~t] ~[th contract acttvltie~ based upon agreeing with ~ t~rget amount, fixed costs, and ~ncludlng an incentive clause, }t~ advt~od that the target amount ~h~ch has been negotleted with the consulting firm ts $113,000, plus fixed fees and ~elabursab~e Items for a total of $130,350. }{e noted tha~ the con- sultant will be authorized to begin work and be paid on a payroll basis, and et the end of th~ Phase I contract, If the consultant tn under the contract, he Is ~:'ltled to an incentive payment, but he comes In over the targ...t, h. ts z'on[.,n~tt~l, for those costa. Mr. Archibald inferred th.st ~t~ff anticipates that the consultant will put togeth~r plann and sl.~cl[lcat lon~ to be~ put out for bid later this year. He stated that the construction ties frame will be approximately 6-8 months. Commissioner Volpe stated that It is apparent from earlier discussions that the conaectton af Carica Road to Immokalee Road la important to ao]v. thl. [~;~tl~i~ v~,lat lng to ti.. Pine Rldg~ Subdivlslo~ as well as expe,llt[n9 e,m~rpt,:l,:¥ w. hlcl.s to get from the south part of the Count}' to ". :. ~h part of the~ County to the North Collier Hospital. He lndlcat.d that he Is certainly In favor of fast tracking this pro~ect, but quent ionod ~t..th,.r Phase II of the pro~ect may be a point In time for th,, ove,ntu,~l Mr. Archibald explained that It Ir{ Important to recognize that the typical cross section for th~ futur~ roadway does Identify both ~our- lanln9 and slx-lanlng, and the. t~o lanes that ar~ to h~ constructed ·uat be plac~d so that they are compatible with the future added 1 iane~. He affirmed that It ir, not nec,,qs~ry to immediately proceed 000,t9 Page 22 January 30, 1990 with Phase II0 but noted that he believes that An the latter part of 1990. Staff wil! hoed to come back to tho Commission with a Phame agreement to be reviewed a~d considered. ¢Celall~ioner Volpe ao~d0 aeconded by Co~llma/oner Shanah~u and ciA-rAe~ ~AIouel¥, to approve the megotia~ed de~l~ fee IT~c~ ~lth A~ol~, ~r~r and B~dage, Inc., for the ~le~te-~ Road ~tenlion, including the authoriza~l~ to p~c~d NAth ~he ~c~ended contract action Itepa for accelerated engAmr~ng ~d ~mitting, ~t deleting Action Step ~6 relatAng to P~e IX whAch will ~ bright ~ck to the Co~Aealon at the ~ater part of 1990. ****CONTRACT NOT RECEIVED BY CLERK TO BOARD OFFICE**** Page 2 3 January 30, 1990 RXSOLUTXON 90-35, AUTHORIZING THE ACQUISITION 0r EASKJ(XIFTB REQUIRED FOR ~ ~U~ION OF ROAD, ~ILIW, ~ D~INAGE B~T~ NI~IN Transportation ~ervlc,,N Ad~nl~i~trat~t' Archibald explained that Items 9B4 and qB5 rel,~te t. th,, rpn,,l~t i(,~ whlc:h ,~re r~Pc.~n~ry to proceed with the rlght-of-w.~Y RCrl~isLt~on phRse of the Livingston Road Pro~ect. He l~formed that thl~ l)ro~ect ~11~ extend Livingston Road north o[ Iamokalee Road into Lee County, and ~lll tie into Old U.S. acquStlng that right-of-way, a,~d provides tot the purchase of same by easement rather than by fee :.im~]e deed. Mr. Arch~ba]d report~,~ that the re~olt~tion ~hich has been prepared for Item ~9B5 ~ddre~.c ~h~ ~ther alter~at[ve, ~f obt~l~xt9 that C~8o~oner Sa~dlre moved, secondsd b'~ Cou~eoloner S~ ~d c~FA~ ~~uoly, that Reoolut2on 90-35 ~ adopted. 00(),5.1 Pmg~ 24 January ~0, It00 Xte~ mOLUTXO~ 90-36, AUTHORXZXNG THE AC~UXSXTXOM 0F ~S RIgUXRID ~R ~ ~~10N 0ff ROAD, ~XLI~, A~ DRAINAQI 8~T~ Minim ~ The prese~tAtion for thl~ itea was discuas~d in conjunction ~lth Item gB4, aUove, C~Am~ioner ~a~der~ moved, mecond~d ~ Co~Am~lone~ S~ ~d csF~l~ ~~uo~y, that Resolution 90-36 ~ 8dopted. Page 25 January 30, lggO C(~I~T OF IX)NATION OF THH HISTORIC COMMUNITY LAUNDRY BUILDINQ IN r~4I, ADIS CXTY ~ltOH TH~ K~RG~DKS Cl~ ~NeS CLUB ACC~ID~ STAF~ ~ ~ ~9~ OF RK~VATXNO ~ U~DX~ FACXLI~ ~ ~ Public Servlce~ Admlul.~tr~tor O'Donnell ntate, d thmt this item to seek Board approval of an offer of a donation from the Everglades City Wolen's Club for the butldin~ that they are currently using their clubhouse facilitlen f-r th~ County to acquire and restore the structure as a satellite I~t'a~ch museum. H~ advised that the building la approximately 3,100 SF, ~nd in a wood-fram~ ~tructurn which development of Everglades City. Mr. O'Donnell explained that the Ev~r~lad~ Ctty Council ha~ expressed endorsement of the Collier Count~ Museum acquiring this structure as a satellit~ facility, a~ reflected la their adopted re~o- lut ion. Mr. O'Donn~ll advised theft Stnf~ hn~ ~at costed out the rehabili- tative work, and noted that the Museum's C~pltal Projects ~nd has no ~onies allocated for this .ndoavor for this [iscal year. Mr. O'Donnell Indicated that there Is a current lease with a t~nant within the building that has a provision that th~ t~nant can- not b~ required to vacate un~ll May, 1990. He reported that Staff has no problem with this provision. Co~lssioner Hasse statod that the Commission received a letter fro~ the tenants, ~r. Nlllla~s and ~s. Olaen relating to the 10 of this situation this mo:'r~lng, and not.d that h~ does r~ot believe purposes of r~vi~lng th~ t l tl~ or ctlrrent 1~ ~rral~g~me~t~. He l:~dlcated that tie brl~fl~ ri. viewed the leatt,, aiid noted that It the property Is going to be ~old. th~ ow~r's m~y r~qulre vacation of the premises on 60 day not tc~. 00O5? Page 26 January 30, 1990 been given to ~llowlng th. current tenants, who are opernting , pizza parlor In 400 SP of the f~cility, to r.m~ln In the building until construction of their new restaurant is c,3mpl.t.(l in 12-18 months? Hr. O'Donnell affirmed that .staff does not have a problem with this consideration since they will b~ dolnU a multl-yoar phase In of rehabilitation o~ the facility. In answer to Commissioner Volpo, Mr. O'Donnoll ~xplalned that one stipulation regarding the don.,tlon o~ th~ structure, Is that the County maintain same as a museum facility In Sverglades City. noted that periodically, art tracts would he exchanged b~tween the Mrs. Pauline Re.yes, ~.re.~dent, Kv.r~l~des Wom~n's Club, Indicated that the Everglades City Council unanimou~ly approv.d the donation the structure ~ a ~.at.lllte muNeum, and they feel that community support Is important for th~, ,irt [fact. t~ rl. matu In Ev. rulad~s City. With regard to the current 1,'a~e of th.. property, she indicated that the Club wn~ advised by th-ir attorney that th,- lease could be broken If use of the building was altered. Site stated that the t~nants are covered through May, 1990. and noted that If tho Museum Board Is willing to work with them beyond that dat~, it would be advantageous to all concerned parties. Co~lssloner Saunders informed th~tt at thin point In time, costs for the renovation work ts unknown, and he would like to be provided with that lnformati,m, prior to acceptance of the d~ed. stated that hm appreciates th~ offer which has be~n mad~ by the Women's Club, but the Commission n~,,dn to b. ,twar~ of thp costs, and there needs to be a better und.rrttandtng of how a satellite facility fits In with Collier County's crt. roll plan~ for the mu~;()um. ~e further noted that the Real Property Department and the County Attorney's office have not had the opportunity ti) r,.vl,.w the. l,,9al dt)cum,~rttm. [1o advised that there are two Paragraph lO's In the l~ase: the first Paragraph OOO58 Page 27 January 30, 1990 10 talks about the 60 day cancellation provision, but the second Paragraph I0 indicates that If the Club is to be sold at anytime, the lessee will hay. the first ~,ptlon to i~uri:h,,~. }la ~tated that If the tenants have the right to purchase the facility, this should be clarified. Commissioner Goodnlght stated that thl. is one of the first of several items that will come before the Board for the preservation of the history of Collier County. She noted that th~ Robert's home In Immokalee will be forthcominp. She explained that the majority of the money that has been used for the museum tiaa come from donations pro- vided by the Historical Soci-ty, and State ~l'ant, s. She indicated that she assumes that the Historical Society will continue In the same mode of applying for grants, apd auaatlons to tmpr~ve the museum. She advised that ~h,. fe,.l- that th,. facility In one to be shown off to provide ~n exam~l~ t~f wt~at has taken place In Collier County ~v~.r th~ l~t.t 10~ year., and rth~. b~li.ves that the Commission should go on record stating that this Is something [hat should be done. Huseum Director Ron Jamr,)~tdted that th[~ Item tiaa been reviewed by the County Attorney's offic~ In Hay. 1988, a;iti Real Property has revisited same and they have, In fact, paid at least one visit to the building. He noted that this Issue has been discussed for two years, and the Robert's ranch has h~,en discussed for five years. He Indi- cated that in October, lg89. th~ Southwest Florida Archaeological Society unanimou~ly recommended that historic archaeologlc preservation should be a hlph prl~rity lt,,m in Collier County. Commlaloner Ssundsrs moved, seconded by Commissioner Volp~ cJ~rled ~l~usly, to iccept In pr/nclpll the ldel faclllW In Everglades City; Staff directed to revl~ the facility ~ls~ of the costs to renovate and upgrade; Staff to ~rk with current ten.ts regarding the continuation of their use of the fact- IIW for a ~rl~ of 12-1~ aonths; Staff to lndlcate h~ this facility 00059 January 30,, logo will fit In with the overall plans of mumaumm in Collier County, and bring ~ack · package of all pertinent infor~tlon to the Co~sslon, lt~ ~ ~ fr~ 14C2 A~RX~TXOM ~R S~LTH UNIT TO APPLY ~R CO~X~ SERVXCE9 BL~K Public Services AdminiNtrator O'Donnell explained that histori- cally the Health Unit ha~ applied for Community Services Block Grant Funds each year, He reported that the County receives an allocation of approximately $7,000, and noted that over the last couple of years, the Health Unit ~as used the~e funds to defer the expenses associated with the Improved Pregnancy Outreach Program. Mr. O'Donnell advised wh.[i he received notice that the grant applications were being accoprod, he contacted St, Matthew's House, Shelter For Abused Women, and the Friendship ~ouse In Iamokalee, thinking that perhaps they may hay. an late, rest In applying for the funds. He t~oted th~.t ,~. ,)f th~ (l-~dll~,. ,t,~t.., .l~f~uary 24th, for Information on this item to be nubmltted f,~r the agenda, no agency other than the Health Unit had applied for ~h. fund~, Mr. O'Donn,~l ntat.d that he. recelv,~,l . t,.l.phone call on January ~5, 1990, from Janet Brannigan, D~rector of the Immokalee Friendship Houa~, expressing a desire to apply for th. gr~nt funds. He explained that according to the rule~ of the application, no more than one resolution by th(~ C()u~ty Co,~mi~ior~ ,~utht~rizin9 the grant may be accepted. ~ra. Janet Brannlg,~n, Dlr,-ctor of the lmmokalee Friendehip Houme, stated that aha Is 3 month~ into the Job. She indicated that the Shelter dose have a volu~t~er who 1~ dol~{g grant writing, and noted involved t[{ provldir{g th,, [),,rtlt~ent [l{[orm~ttiol{ ~or the Board of County Commissioners' ager~da. She uoted that 9h~ was not aware that the Health lhllt was th. only ,~Ue. ucy r~.(lue.ti~g the funds. In answer to Commlaslo:~er Volpe, Mru, Bran~t~an ~tated that Friendahlp House la the shelter In Immokal,~e for the homele~e and the O00GO J~nuary 30, 1990 migrants, and advifqed that it l-~ Collier County's shelter when there ~eceube~, the Shelte~ took In .veryone fo~ ~htch ~he County provided COt8. Comnlbnioner Snunders questioned .hether more th~n one ~ppllc~tlon · ~y be sub=feted to Tall~h~see? Hr, O'Donn~ll stated that understanding that their, may not be more th~n one application. He Informed that th. material that was recelv.d from DCA indicates that no mor~ than one resolution m.~y be submitted by ~ny local ~ov~rnlng authority which 1~ ~eguir~d whether th~ local government will apply for It or whether ~ sub-~raote,, will apply for ~he numbe~ of ~nd~vidual. who enro]~ In th.' Medicaid program. noted that the Medicaid pro.ram ~s a key entity in fund]n~ of services and using the fund~ for the outr.ach activity, there wa. a reduction of an approximately 70% no-~d~ow rate. to about a 5% no-show rate for final economic services eligibility determination. He stated that the found eligible for Medicaid. ~r%d th~s remov.s the financial respon- sibility from County funds. Mr. ]:vans indicated th,~t th. program runs for 6 months, and cJated with that position'. ,,ctlvity. Commissioner Hesse quest toned whether th.me .ervtcem will with the current staffing ~ituatlon with the Improved Pregnancy Outcome Program. this outreach effort will not be possible. O0()Gl Page 30 January 30. 1990 Staffing. ClJlliOnlr S&undere loved, seconded by Comllll~Onlr Sha~ IfAd c&rrie~ ~nanl~al¥, to approve Staff's reco~ndatlon, authorizing the a~licatlon ~ the Health Unit to ~ submitted for Co~tty Jsnuar¥ 30~ 1990 BXD 460-140~, $OU~N 9I, RVXCI ARKJk B~UB~ STO~QI ffAOX~XTX~ ~D ~0L~IO~ 90-37, ~ATI~Y AN~;~ A CO~O~0R ~~ ~ December 3, 1989, as ovldenc,~d by Affidavit of Publication flied with the Clerk, bids w~re r~c,,tw.d until ~:00 P,M, ot~ January 4, 1990, to consider Bid 8q-1495, South ~,~rvic~ Area, E~fluont Storag~ F~cilltlea. Utilities Engineering Director Temby stated that bld~ Kxpanslon Program. H,~ advised that three bids w~r~ racelved~ ~nd the low bid w;~s ~ut)mitted t)y {)~)Utl~,~'~ N. II{~Uinn, Ir.;., o~ Arm Arbor Mlchioan, In the flmourlt si ~2, ~10.460, Ha .xplaln.d that the lf~luent Storage Faclllti,~s {~re for Country,:ide, Foxflre. Lely Hibiscus. Lely Royal Pe. im. Riviera. Lak~wood, and Wind Star. the contract to th,, low bidder, as required by FDER/EPA, for their review and approval, prior to the ~ormfll award of the bid. He stated that Staff Is recommending the tentative award of the contract be made to Douglas N. HIuolns. subject to thc following conditions: 1. Award the contract for construction of the South County ~(fluellt Storflg,. F~,(:ilitl~.. tn Dimglflfl N. Illgglno, Inc., thm amount of $2,310,46,0. fol lowing: a. Review and fl[,pr'ovml of the contract documents by TDKR b. ~,,v{o~ nnd ,,pprovfll of tho t:i)ntr~ct d(mcum~ntm by tho County Atto~'n-y'- Ottlce. submittal with th,. bid p~ckag, to FD~R/EPA, a~ requlrmd. monetary return~ from th. t;to:'~9,~ of th..ffluent that somebody else may be buying? County Mfln.~u,,r Dorl'lll advla.d that la part of the County's ability to mset the requlremen~ to dispose si O00O, l January 30. 1990 but the County ha- the obligation to store lt. In an~rr to Commie, inner ~hanahAn. Mr. Temby adviaed that the firm ,~f Do~glaq N, IliUUI,~ h~. a aig~lflc'a~t amt)ttltt of ot~-golng work In Hiami. which i9 wrapplno up. ~nd they intend to relocate their ~aclilties to Collier ~~ion~r Vol~ {l~i~, Inc., in the ~ ~pt~, nbJect to Staff's ett~litione. Page 33 O0(}G5 Januar~ 30. 1990 G~X~qZ~SZOII GOODNZGIIT TO S~V~ AS COR~SCR~ R~GZONAL ~CO~T~ ~ ~Z~~AL S~RVIC~ A~INXS~TOR TO S~ AS p~ ~ ~TION DIRE~OR TO P~TICZPATE ON ADVISORT intention la for the Commission to determine th~ Cotmty's appropriate Staff bs directed to com~ b~ck to the ~oArd with ~ ~undln9 plan relatln~ to financial assista~me. Mr. Mike Slayton o~ th~ S~;tth Florld~ W~tmr M~n~sm~nt District, Program, Ooalu, awl O%)jt,ct lv~.~, aa~ m.mber~h[p of the CR~W Trust. area for acqulsltio)) of the CREW Trust, He noted that ther. are also two highliphted yellow ar.as to th~ r~outh of th. acqutsltlort area on the map, deplctln9 the City of Naples wellflelds and the County's Golden Gate ~states Mr. Slaytoa Informed that th- CREW Trust Is ar~ Independent, not- for-profit orpanlzatlon, coaprl~;,.l of twenty memb,.rs: 8 from Co!Il-)' Coux~ty, 5 from Lee Cu~mty, ami 7 f~'om various state and replonal en~t- ties. Me lndtcat(~d that this Is a 45,000 acre. l~md acqtlistt.~on propram to be u~ed for ,mlt I~1- ~se water shed manapement: 12,500 acres Corkscrew Sanctu~ry. Mr. Slayton advt..ct that South Flort(la Water Management District la dedicating $10 mllllom~ fr,>m th- Save Our Rtv~r~ Pro, ram towards this effort. )I~ netted that lr~ la,,t y~;~r'~l t)u(lu~'t cycle, Lee County Identified .2 mill which should generate b. tween $2.5 ai)d )3 million O00G8 January 30, 1990 lnvolv~.d ov~.r the next ~-10 ye~r.~, wlth an additional ~1 =llllon atructural improv~ment~ to th~ lmmokal~ Road ~orro~ C~n~l. Mr. Slayton stated that the l~nd~ are to ~ ~cqulrmd through ilea. He informe~ that there i~ presently per'mitred 350 MOD of pure- page, and 90~ of that Ia a~rlcultural uae, an(! 10~ 1~ consumed for ~table domestic use through Collier County, City of Naples, Lee County Utllltie~, and Bonita Sprinu- Mr. Slayton advised that this issue is supported by the City of Naples, the Naples Area Chamber of Commorc., Greater Naples ~lvlc Association. Leapue of Women Viziers, and the Collier County Build.rs and Contractors A~socl,ttlon. Il,, ~tat~d that Ct, lll.r County Staff's technical expertise Is needed qo put together th~ management plan, which should be tim commen bond that holds together the project relating to public ~at~, supply, agriculture, r~cr~atlon, ~ducatlon, and envll'o~lmental valuers. Hr. Slaytou explained that other funding m~chanisma are being con- aoted that an applic{ttlon has r..c~.ntly been submitted to the Cons~;~atlon and Recreational Lands Prnpram (CARL), to r~c~tv~ supplemental funds for the project. }l~ noted that ~ork Is also takln9 Mr. Slayton stated that the intent la to work with Colli~,r Staff to develop a viable, sustainable funding sourc~ towards acquiring these lands, and noted that he believes that the County ~{eeds to express Its commitaent, by extending the Staff's reco~en- datlon to ack St.~ff to ~xplol'. wh,tt ~Xt~t lng, ullcommttt~d funds are ~vallable for this program this County Commission have indic.itt, ti that th,.y will ~xtend their commit- meat for a ~our year period, for a total of 910 million. Commissioner Shanahan stated that he bellev~ that the decade of Page 35 January 30, lg90 the 90's will be the decade of water al~d water concerns. He noted that he feels that Staff ~hould lie ~ncourag~d to find a way and partlclp~ In thl~ program, and ~uggested ~he possibility u~lng the [,oteniial flalo~ tax .mn m,,arm for financing. Comml~siol~r Go()(lniGht not.,(I that th,, Chairm~l{ from both [.e~ and that the position should b,. h,~ld by 9(}meolle who will not be changed every year, and noted that ~h~ wotlld lik~ to serve as a member. Commissioner S~unders stated that h~ has spoken with Slayton and Kuperberg relative ~o the appointments from ~ollier County, and they both had indicated that it is up to th~ Commission whether It is dosir~(l that tho Chairman or any oth.r member be appointed. He stated th,~t he ha9 no p~oblem with Commlm~loneu GoodntGht beinG appoint~'d, bui noi.d that he would like to serve ~a an alternate, He suggested that .Staff be directed to provide whatever technical advice or mervices are n~cessary to the CREW project, and that the Commission make the appointment to the CREW membership, and thae Staff alqo b,. direct,.d to explore, tho possibility of funding this project f:'om the potential one cent .al~s tax, or in the ~vant that the Local Option Salsa Tax 19 not apl,roved, that Staff come back with other sources of funding. Commissioner Volp,. quo~t l~)n,,d wb~m th~ ontabli~bm, nt of ~nagem~nt program would begin? ~r. Slayton replied that ~he Trust has ~n advisory committ~ wit', Cnunty r~pr~ent~tion, and h~ would Mr. Joel Kuperberg, conn~ltant with the South florida ~ater ~anagement Dlntrict, advl~,l that privnt~ participation involvee the National Audubon Society, who h~ made a co~a~{ltment to manage much of thla area; the Trust For Public Land has provided aom.one from their Santa ~e offlc~ to work on l~nd ~cqt{isit ion; the Nature Conservancy O0()TO Page 36 J~nuar¥ 30, 1990 actively negotiating with ],~nd own~r.~. Il,- noted that It Is antici- pated that thl~ project will t,,. lnclud.d on the CARL liar becauee of that thim ~rea ~urround~ ~,~d protect,, Corkscrew, and provides water remourcea to th~ CorkncrP~ ~nctunry. create a water conservatiot~ ,~rea that has ~ome analogy to the Mr. Kuperberg .dvl.ed that he hume. that the Co.etas[on wtll con- sAder thls project, and wt~ ~ook ~nto thJ~ year', un.]located funds to help to get the project ese ~p~t~ Clerk Ken~n ~eplaced ~puty C~mr~ ~o~ at this tl~ ese In answer to Comm[~r. inn-r Volpe, Mr. K~perb~rg ntated that the property ~lll be owned by th~. "Saw. ~ur Rivers ProgrRm" by S~D. misted that the District 1. ,.h,ptlng the ultimate responsibility for to m~nage a part of It and there Is also lnteremt from the tlotlda Oam~ mn-I Preah Wat~r Fish Comml~mion to look into the Lee County area area. }I~ lndic.~,,d that th,.,',, i~ a l,o.,.ibllity that Collier ~y want to do a regional park In thi~ area. noting tha~ Collier cared that the State Land Agen:y ownn all lands belonging to the State r:~d leases them back, not lng that th. State Parka and college campuses ere own.d by th. Tt'u~t,.~.~ ,)f th,- Int~t'nal lmt, r,;v.ment Truer Fund but are leased out to the Stat~. P,~]'k~ D.partmont. Mrs. Charlotte West.an, rapt.heating th~ League of Women Voterm, Indicated that they ~re ~k[nU that the BCC give thle propoeal connlderatlon. Sh~ alan not~,d that thls proponal fttn Into the 00()? 1 Page 3'/ January ~0, ~990 Hrs. Maureen Oordon, reDrenent tnU th~ L~ague of Women Votera Natural Resources Committee, stated that she is r~questing that the noted that mb. is requ,,qt [t~U th.3t th,, aCC v.te for a contribution in accordance with the CREW acquisition financial needs. Cmlllioner Vo]p~ moved, aeconded t~ COUillJOner {h&nahan, that Co~mi~lonmr Ooodnight be appointed as the CREW trult Ml~r mt~ Collier Co~ty; that Couilsioner 8i~derl ~ dill~tld Ilteatl; t~t the Otllltlem A~lnlstrator, ~vlro~ntal a ~ieo~ couittee; a:,d that $teff ~ directed to explors what f~, If ~y. that ~y ~ available and to look at a funding pl~ for p~tdtng ~ with so--~ financial In answer to Commlr;~:ion,.r Sh,mahan, CommiNsioner Volpe stated that his Intent is to look at the fun(linU ~ource~ that are available and have Staff make ~ome prol)(,.~l, t<) th~. Board of County Commissioners. ~ call for the ~estlon, the motion carried ~ ~ go-gaz, 99 ~D~9~01/102 - Finance Director Yonkosky ~tated that one of th~ budget amendments Is a little unusual, not in9 Ih,,l It I~ l'l~q~,~st 99 which account 989000 Refunds - Purchas-d 5.rvlces. He noted tha~ In the types of charge~ could rot be run through the balance sheet, but thl~ Contingencies which was not ~vallabl. c~l~ ~l~sly. that Budget ~end~ents 90-98/99 ~d 90-101/102 be ~p~. Page 38 January 30, 1990 Xt~ Wt~3%'t ~ga~3a3~I~T_.B%~o~%o~,,.,,99~4 - AOolrt~D , ~lseloner Sh&nah&n ~ov~d. a~conded by Co--lmsionmr Saund~rs ~d c~r%~ ~l~ly, that ~dg~t A~n~en~ Re~olutlon 90-4 ~ ~dopt~. Finance Dir.ctor Yonko~kv ~[~t-d that on tho t~bu~tion of that ere 3 months past due ,m~ ~-v.r~l of them will be coming off the next ~eek or two, P.go 39 UOOT3 January 30, 1990 Cmlmmionmr Shmnmhan mcvmd, seconded by Co~]mmlonmr O~dnight ~d c~rled ~S~umly, tha~t Resolution 90-38 mp~lntlng Charles R~ldm ~d Allen Po~mr to the Ocho~m Flra Control Dlmtrlct ~1~ C~ttem ~ adopted. January 30, 1990 O0(}T? Page 41 ~anuary 30. 1990 It,~m #12¢ C(~]{TY ATTORNEY TO PREPARE 1,'q"FKRVEW'TZON IN FLORIDA SHIR~FIP*9 ASSOCX&TION T,,.&MSUIT AGAINST FI.~RtDA DEPARTMENT OF CORRECTZORS AS ti'ELL A9 EXPLORING OTHER POTEWTTAL DiFENDANTS AND RKIWKDZES THAT PLAY BE AVAILABLE, CHAIRMAN TO SEN~ ~KTTKR TO OTHER COUNTIES REQUESTING THEIR COWSXDKRATION OF IIFTKRVKNINC AND A LETTER TO THE SECRETARY OF THE DEPARTMENT OF CORRECTIONS IMDICATIWG THAT THE BCC Tills Commissioner Saunders s':ated that he has 8 copy of the complaint ~Ing thio matter eumd moved that the Co~ty Attorney ~ directed to pM ~ lnter~ntlon In the la~ult In. lying the Florida brlff'o Association as Planttffs vs. Richard ~g~r. Secreta~ of t~ ~t~nt of Corrections. Commissioner Snunders stated that th. pre, cea. by which tits Department of Correc[lotl~ is 0sing thrr~ugh In terms of releasing lnma- t~:s that have served an llttl~ ns 3 or 4~ of th~ir sentence la having a tremendously n~gatlv~ lmp~c[ oil the Sh~r.'ff'~ ability ~o fight crime that the remedy th.~t 1~ ~(mght it~ t~is p~rtlcul~r c~se l~ to divest the S~cretary o~ the Departmmt st Corrections ~lth the authority to release lnnates at his pleasure. He stated that this remedy may have ~o long term b~tt~flt bt. cau~. If tit,. Secr~.ti~t.y of Corrections release Inmates, the F~,h-t',~l Co~t't=~ m,~y ri. quire ~hat the !n~atee released because of overcro~dlr~. [1~ stated their It may be appropriate ~o exglore 1[ ~he Co,,r~ty c~n actually bring the Legislature into this litigation or the Governor and require the State 9tats of Florida. Couiesloner Volpe ntat,,d th~tt h~, concurs with this, but In addi- tion to Collier Cou~{ty doimj [hi-~, the Florida Association st may also ~ant to lnt~,rverlo [r~ thi~ Commissioner Saund. r~ ,~t~t,.d that the Florida Association of Counties has decided ti) ~'em~l[)t n,.utr, l (m thl~ matt.r, but he would Page 42 January 30, 1990 IUgglSt that the County 0~ttor,~ey write n letter for the Chairman of thl Board of County Commissioaers' tu sign suggesting that other coun- ties consider Intervening Commissioner .qhanflhan quo. stio~ed If every stated that there ~t'o ~t)out 5r, gilt t)~ th,. ~ c()unt~es Involved. ~tt~. the ~tlon carried unanl~ualy. Coaalssloner Goo(lnight nt.at~d that tht. r~ 1~ n l~tt~l' that la going to be coming from th~ ~ecl'ptary -f th. Df~pnrtment of Corr~ctions lawsuit, a<ldir~9 that nbs f,.,.l~ t~t;lt thin wt,ul(l t). n ~c]ocl time to instruct the Chairman to write a loiter on behalf of the Commission stating that tho BCC I. J-lning with th. 9hurlf[s' in thslr lawsuit. {lssio~r O~lllht ~v~d, s~condsd ~ Coalsslon~r ~ ~rl~ ~insly, that th~ Chalr~ ~ authorized to ~mr l~tter gu ~half of the BCC ~h,~; is rsc~lvsd from th~ N~rt~nt of Corrtctlous rsgarding th~ la. ult. ~slssiou~r $h~an ~.d, seconded by ~oulssto~r kalght ~d ~rig ~insly thai the loll.lng itsms ~d~r the Conssnt 1. Authorize. th,, ah,~trmm t,, ,,xemuto th~ r(.nolution authorizing final acceptance. ~V&TZOI F~IT NO. 59.3~8 - LELY RESORT BTI~O_~ ..................... 1. The excav~tlon ~h~ll b~ limited to a bottom elevation of -7:0 ft. ngvd. in Basin A-1 and -6.0 ft. n~vd, In Basin A-2 and vnt-d t~ ,l mll~tm~lm ..l,.v,~t it.~ t~f -'4.?~ ft . II,vd. for Basin A-I Nilson, Mill.r, Bart(m, 5oll & Pe~k, Inc., l,nke Development Nanter Plan Phns. 1I, HDP-8.) Ft~ttr lakes are approved tO go Page 43 January 30, ~990 deeper. The excavation mhaX1 be limited to a bottom sABra- tide of -11.0 fi. nerd. for Lake 2, -22.- nerd. for Lake -8.0 ngvd. for Lake l? am! -34.5 nerd. for Lake 38. Prior to Issuance of tit,, Commercial Excavation Permit, the permit holder shall p~y all appropriate Impact fees, murat he pr,)vldrd. by Collier County Project Review .qervlces. All provi.~ians of Colll,~r Cminty Ordlnanc,. No. 88-26 shall bo adhered to, A water quality monitoring program shall be submitted quar- terly pursuant to tl~e l~,tt.r detailing the program dated S~pteml;~r 20. lqRq and T,.rrl Ne,wm~m'~ memorandum nr Octnber 4, 1989. Of~-nlt~- r~moval of mat.rial ,hall be subject to "Standard Condltlonu' lmpo.ed b'i th,. Collier Cmmty Transportation Services in attach,,d docum,.flt, The convez'sl~m [rum Dev,-lot,ment Excavation to Commercial £xcavatlon will not change any lake boundaries, depths, side slopes, location, etc. Item That the final pl.,t ~tot b,, r,.corded until the required lmpro- vement~ have been ccmotruct~d and accepted or until approved security is received for th,~ incompleted improvements and that ,:o[Ir~truct Ira ',h/~] ] 1,*' cr, mpl.t~.(I within 36 month~ Of th~ date Authorize the Chairman to execute the Construction and Maintenance Agreement. That no building permit..~ ),., ts.~ued until the final pla~ recorded, 4 0 That no construction may commence until the Quail Cros.~l.,-.9 Subdivision has been .~cheduled for pr,llmlnar¥ acceptance,. Item #14A4 RwSOLUTZON SO-41 PROVZDINO fOR ASSESSMENT Or LX~N TO R{CO~R ~S ~~ BY TR[ COU~Y TO A~T[ PUBLIC NUlSANC~ ON LOT 1~. ~LOCX ~. ~gJ.~C~_~XT_MO.._ONZ -.DONALD O. MOONAN ............................. .; .... r.,,~,...~/~,/,d, ~ Item #14A~ RESOLUTION 90-42 PROVXDXNO ['OR ASSESSMENT 01~ LIEN TO RECOVL~ ~[PK~gl)~,D BT ~ CO~ TO A~TE PUBLIC ~I$~CE ON LOT~ ~1, 22 ~ 23. pag. 00081 WOLI~fION %0-43 PROVIDING FOR ASSESSMENT OF LIEN TO R~COYHR FUND~ ~ ~ ~ CO~ ~ A~TE ~BLXC ~XSANCI 0N LOT 14. BLUE 119, RZ~OLUTION %0-44 PROVIDING FOR ASSESSMENT OF LIEN TO RHCOVER FUNDS ~~~.~DIVISION_A? .I~KALEE..- MILL!~_~K ~ST~LL ..................... R~SOLUTION 90-45 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER EXPEND~ BT ~K ~ TO A~TK PUBLIC ~SANCK ON LOT 17, BL~K 190, ~_.~ ~IT. 7 - REGINA M. ~LCKR~K Item #14A9 RHSOLUTION 90-46 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FUND~ ~I~KNDED BT THE COUNTT TO ABATE PUBLIC NUISANCE ON LOT~ 6 ~ 7, BLOCK 5, N&IN LI~ SUBDIVISION - COMMUNITY CORPORATION C/O ERNEST Item elaAl0 R~OL,?TION 90-47 PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FUND~ EXPE]~,~D BT THE COUNTY TO ABATE PUBLIC NUISANCE ON LOT 110 BLOCK 305, t~t~RCO ~BACH UNXT__~._.~_~.~NK - ALFONSO GIROTA I~em #14AI1 RI~OLUTION 90-48 APPROVING RECORDING THE FINAL PLAT OF 'VILLA (FORN~RLY CALLED MISSION POINT UNIT ONE)' AND GRANT PRKLIMINART ACCEPTAICI OF RO~AY,__D~IN6gEf_W~.~E~._A_ND__~._E~_~..~..W~T~ Accept thte Irrevocable L~tt.r of Credit a-~ ~ecurity for Co~lmslouers ~rant~ fl[~,~l acceptance of ~11 improvements. 2. Authorize the recordin~ -t the final l)l,tt of "Villa Fontana" Authorize tho Ch~lt'mnn to rx~cute th~ M,~lntenance Agroement preliminary acceptance, 4. Preliminary accet)t~nc~ of tho lmprov~mentm will not bocom~ effective until w,~t~r ,~ml ~,,wrr f.mclliti~ hav~ be~n conveyod to Colll~r County ~,~t,~r-S.w,,r District. 7. RESOLUTION 90-49 GISUITING PRELIMINARY ACCEPTANCE OF THE ROADMAY, D~UKINA~E, MATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF ~DHVON Page 45 3anuar¥ 30. 1990 Authorize the Chairman to ~xecute the R~,eolution authorizing preliminary acceptance. Prelimlnnry acceptanc~ of improvem~.nta will not become effec- tive until water and .~ewe, r facllltle~ h~ve been conveyed Collier County Wmter-Sewer District. TI~ KITII~IO~ TO COMP~ETg RAP& BOU~IV~D, VINI~fARD~ ~UBDIVI~IOR, UI~IT County Attorney, Jn th. ~mount ~[ t~O~ of the ~t~t teated pro- bable cost of construction for the Naps Boulevard required improvement~, adjusted to 1~92 w~luea, within 45 daye o~ Board approval of th~ time The Developer .-hall enter trtt~ a n.w Construct[or~ and Ma[nt~nanc. Agr*~m~rtt lot N.~p,~ Rmtl,.v,lrd, to be mubmltted ~[~t~ th. aUre...m,.rtt ,~ft~.r ,~ppr~v~l by the. Cmtnty Attorney. The Developer shrill construct the 16 inch water main In Naps Boulevard In arlvance of cnnstructlng all of tho other required improvoment,~, if .otlf.tml t,y th. Development Services D,.l)artm~nt of the Ite~d for ~uch cmmtructioa to pro- completed within ~ix monthn of the County's notlflcatlot~. rz~t~ eht? 0~ -a~t[SalR~ ~gs u~zr ~IV~' - wlra That the final plat ,lot t,.. r.corded until the~ requlre~d vemen ta halve b(~en c(mntruct~d and acc~pted or un t Il appt~,v=O security [s received for the lncompleted Improvements and that construction shall he. completed within 36 months of date o~ this approval. Authorl:'e the Ch,~lrm~,n to ,:xecute the C~,nstruction and Malnter~ance Aglreement, That no bulldinu p.z'mltu t,,. [nsu,.,d until thc, final plat la recorded. That off-site, tlr~ln~!j. ~-.r,-menta will b,: r~cordod If the developer wishes to record Urtlt Five prior to approval Unit Slx. C'~IklI~UI ~ KXKC~K SATISFA~ION OF LIKN~ AGAINST PROPKR~ OF ' O0()IB3 Page 4 6 Jm~u&~ 30, 1990 "~ C3L&IRMdLI TO ~ SATISFACTION OY LIENS AGAINST PROIrIRTy OF JANe9 ~teu CHAZNMAN TO EXECUTE SATISFACTION OF LINES AGAINST PROPKRTT OF LOUISE II~OLUTIO~ 90-50 PROVIDING FOR ASSKS.~I~NT OF LIEN TO RHCOVER FUND~ ~ ~ ~ CO~ ~ ~ ~BLIC ~IS~K ON LOT 9, ~ 252, ~~ ~IT SiX - K~ARD ~D JOAN K ~AIL~ RESOLUTION 90-5! CONFZR. MING AND APPROVING ASSKSSMIKNT OF EXPERT WITNESS COST FEES IN s.a. esl CIRCUIT COURT CASES I~VOLVZNO PARCELS Item e14B2 ACCE~TA~E OF EASEMP~TS TO BE USED FOR EXPANSION OF ~IO lOAD .FUTUR~ ,CON~FRUCTION OF LIVINGSTON ROAD Xtem ~14C1 ALII/I/MEN'S DISEASE XNXTIATIVN COIFFRACT ~ C~XNO ~XON Item ~14C:~ moved to Item e9C2 ItEm ~14C3 11~3OLUTZON 90-52 NODIFTINQ THE SCHEDULE OF COLLI~ It~ ~14Dl BUDGrr ~ R~COGNIZINO CARRY-FORNARD - IN AMOUNT OF 043,570 Page 47 00() ,1 January 30. 1990 Item el&D3 1. The Florida Depaz'tm-.nt o[ F.r~viror~mental Regulation furnishes and bacteriological t~st tnU has me~ the County's 2. The fire flow requlr~.ment~ of th. project h.ve been satisfied. Ifa Olill lt~ 014E2 BID ~149~ ~ 89-1499 ~R C0~U~ION 0F 24-H0~ ~~~ ~I~ ~ ~ ~ATION 0N ~RC0 IS~ ~D 0N C0~ ~ R~ - November 26, 1989. as evidenced by Affidavit of Publication flied ~lth the C?.erk. btds were received until ~:30 P.~. December 13, 1989, for construction of a 24-hour unntt~md,d motor vohlcl~ fuel pump station on H~rco Island and County Barn Road. ~A~ ~ OX ~OSK PROP~T~KS, AS P~T OF ~K 1983 B~ AVAT~ PRO~KS, ~NC. ~D CO~ CO~, BKIMG ~ ~~ ~.~.~_~__~E~_.~KET~I~ lt~ el/Il ~I~T~ ~R CO~ECTION TO TAX ROLLS AS PRK~KD ~ ~0P~ 1989-101 J;tl~uflry 18, 1990 Itu Pugs 48 There being no object ion, the ft~li,~Hing miscPllaneous correspon- dence ~as filed and/or ref~rr.d t. th,. varloun d~partment~ as indi- c&ted below: Letter dated 01/lt~/90 from Jena ~windle, ~nvlronmental Specialist, 11-175012-9 which Involv~n dr,.,t~e ~nd rill activities. Referred to Nell Dorrlll, letter only, RIll Loren: anti filed, Letter dated 01/17/90 from Alfr,,d B. Dev~reaus, Jr., Chief, Bureau of Coastal Enpineerln9 and R-.gulatlon, D~R, re application for a Permit, File ~DBS 8R-208 CO. 9,,fnrred to Nell Dorrlll, Frank Bruit, Bill Lorenz, Harry ,oh,.,. and riled. 3. Copy of letter dated 01,'17/~0 t,] ~mallwood Landncapln%;, Inc. from Re~ulation, DNR, ~'~ apl,z*oval (,f Adminl~trat lye Modlflc~ttlon, Permit No. C0-146, Permlite,. N~%me: 3oho F. and Rhodora Donahue. Referred to Ne I 1 Dorr I 11 , Fr,~nk Bt'ut t and f fled. 4. Copy of letter dat,~,I Ol,'t6/00 !,, Don,il,.! N. ~teph,.ns, Property Manager from T~r~y D. M,'N,,,~I, E[Ujin(,,,r, Bureau of Coastal Pemlt No. C0-231, P,~rmitt~,. Name,: Captain Investments, Inc. qeferretl to Ne{I D,,,'rll t, Fr,mk Bruit and flied. Copy of letter dated 01,'17/00 tu Robert D. DeWltt Trustee from Tony D, McNt'.~I, F, nginPt, r0 Rurr,.m of Co.~tal Engineering and Regulat S()rl~i, DNR, ('on{,.rnin9 .',,ImlnL~;tr,itlv,, .l,i)r(,val of Permit No. CO-230, ['..l'mll t,,,. N,,m,, F,,l,,.rt D. D,.Wltt Tru~t,~,~, R-f~rrPtl to Nell Dorrlll, Bill l,~,r'~.nz .md f ll,,d. Copy of letter dated 01/18/90 to Co,~,~tal Kngln.erln9 Inc., from Tony D. Mc:N,,.~I, Engln,.,.~., Rurt,,m of Coastal Er~lr.~er/r~ and Regulations;, DNR, c~.u.:t.z.n[~g ,~(hn~ni~tratlve approval or No. C0-242, Permittee Name: [,,,ly D~.u~'lopment Corporal Ion. Referred %o Nell Dorrlll, Bill Lorenz and filed. ? ' Letter dated 01/10/00 from Dtlor,,s G. Dry, District Administrator, advising that lundin9 for Lite Im~;~'oved Pregnanc¥ Outcome (IPO) Program has been decrea~.n by $2595.00 fo~ contract y-ar 1989/90. Referred t~ N,'ll Dorr[ll ,~n(l f il,'d. 8. Copy of M,~mo d,~t,,(l O1/1I,'90 t(, Rot,,,rt F,lh,~y, Solid Waste Director, from Bonnie A. Swartwout, Pv,,prir, t,~ry Accountant/Deputy Clerk, Solid Waste Dl.po.al Iht.t-la Fl~anclal St,~tem.nts for the period ended 10/31/89. Referr.d to BCC, Mlk,. McNess, and 9. Copy of Memo tlat,.d 01/11/'1o t~, D~tn Puch,,~', Fl~-.t Management Director, fr{~m 16oltnle A. .~;w,trtw~,ut ° Pl'~pr[~t.try Accountant/Deputy Clerk, re Fl,~ett ManaGiement/Motor Pool Interim Financial Statements for the period ended 10/31/89, Referred to BCC. Mike McNees and filed. 10. Copy of Memo dated O1/11/90 to Michael K. Arnold, Utilities Director, from Bonnie A. Swavtwou~, Proprietary Accountant/Deputy Clerk, re County Watt,~,-~l,.w,,~. [)l~tvict Interim Financial Statements flied. Page 49 O0()S(; 3anuary 30. 1990 11. Copy of Memo dated 01/11/90 to Michael K. Arnold, Utilities Director, from Bonnie A. ~wartwout, Proprietary Accountant/Deputy Clerk, re Marco Water .md ~.w.r Dlntrict Interim Financial Statements for period en(i~d lO/3%,'Bfl. Referred tn aCC, Mike MeNses and tiled. 12. Copy of Memo dated 01/11/90 t,~ Michael K. Arnold, Utilities Direct.,r, from Bonnie A. Swartwout, Proprietary Accountant/Deputy Clerk, re Ooodland ~ator Dintrlct Interim Financial Statements for period ended 10/31/89. R~fPrred to BCC, ~lke HcNees and flied. 13. Copy of Memo dated 01/11/90 t,) Ororge Barton, EMS Director, from Bonnie A. Sw.~r'twout, Propriet,~ry Accmmt~nt/Deputy Clerk, re E.~.S. Interim Flnanci~l Stat,~m,.nt9 tar period ended 10/31/89. Referred to BCC, Mike MCN,~ .*n,l filed. 14. Copy of Memo dated Ol.,°II/qO to L,-o O(:hn, Admlnl?~trat ire Services Director, fr~m Bonnie A. :;w,~t'twout, Proprietary Accountant/Deputy for period ,',,l,.d 10/3i/Sq. R,.f,,vv,d to BRIC, Mike McNee~ and f i 1 ed. Minutes - filed A. O1/03/90 - Citizen, Advls~ry ?0~,k Force, B. 01/O3/0 - Marco Island Beach Renouriahment C. 01/11/90 Agen(h~, and 01/75/90 Ag,,nd{~, dad 12/14/89 minutes of Collier County Fire Con?-~lid.-~tion Study Group. 16. 01/16/90 Notice to Colli,,r Coun:y B~ard of County Commissioners from Gulf Con'Jtructor.~, und.r an order given by Pumco Inc., advising that they hav~ provld,,d concrete pumping services to South Collier County W.W.T.P. Referred to N~I1 Dorrl]l Skip Camp and filed. ' 17. 01/16/90 Notice to Collier County Board of County Commissioners from Cram Equipment R.ntals, lac.. under an order given by Sewell Door Control advi.~ln%] that th,,y have provided Ncaffolfll{,~ add accessories including del treyT ~:ld pick-up. Ref.l'red to NeJ3. Dorr[ll, Sklp Camp and filed, 18. 01/11/90 Notice, to Collier County Government Complex, tram Flo,'ida Rock lnduu'rle~.. Inc. un,l,r .'~:: ,',t'dor ~lv,-~, b'f American A.~,,~a materials far C.~unty .:,~b ~Rg-lar, I. R~.f,~rred to Nell Dorrlll Camp and filed. 19. 01/16/90 Not it',; to Col] ier C,(mnty Board of County Commissioners from Hertz £qulpment Rental under ~n order 9iven by BCH rental for Colll,:r Ct,linty H-.~lth 20. 01/23/90 Notic- to CollI,.r C,,,;nt¥ Bo,~rd of County Commissioners from A & P W.~t~,r and S,.w,.r Supply ,~dvlnln9 they hay. furnished pipe, fittings and acc:,s~ior[,.~; for Collier' County Health and Public Service~ ulld{,r an (}rib,r ~}v~rl hy B a I Contracting. Referred tn N~[1 Dorrlll, Skit, C.imp and flied. 21. Letter dated Ot/IS/'~O from M~rk Ilalligan, Controller, Southwest Flat ldo Regional Planning Council, enclosing a copy of annual C. P. A. Arid l t . F [ 1 e,d. 22. Copy of l~tter d,ated 01/12/'}0 f,'~m N. l,. L~sue, t,r, Multi-Modal Programs, Florida DOT, r'e UMTA St'etlon 16(b) Grant Programs. Referred to r;etl Dorrlll, G,'oru,, Archibald and filed. Sanu&r¥ 30, ~990 23. Copy of letter dated 01/18/90 from Robert r.. ?atton, Controller, Collier County Tax Collector'~q Office attaching a distribution recap showln9 year to date tot,~lN of taxert collected net of Notice of Hearing dated 01/18/90 fz'om Tactmark0 Ltd.° Plaintiff, vs Terence L. Fitzgerald, ~,t al Defendant., C~s. No. There being no further business for the Good of the County, the meeting wa~ adJour~,,d by or,t,,r of the Chair - TJm,~: I :00 P.M. ~%OARD OF C¢~UNT¥ COMMISSIONERS BOARD OF ZONTNa APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAl, DISTR$CTS tINDER ]TS CONTROL ATTEST: JAMES C. GILES, CLERK presented / or an corrected Page 51