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BCC Minutes 08/28/1990 R L[? IT BE R~J4E.~BERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and aa the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in RZGULAR $~.~$XON in Building "F" of the Government Complex, E&ot Naples, Florida, with the CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Burr L. Baumders Anne Goodnt§ht ALSO PRKsE~rT: Ja~es C. Giles, Clerk; Annette Guevtn, Ellis Hof~m~fl. and Maflda Arrighl. Del~uty Clerks; Net] Dorrt]l. County Manager: Ron McLea~ore, Assistant County Manager; Jennifer Pike, A~li~tant to the Count~ Manager; ~en Cuyler, County Attorrey; David Weigel, A~gistant Count7 Attorney: Mike McNees, Budget Director; Jay ~aardon, [~rgency S~rvicea Administrator; Gary Arnold, E~ergency Manage~nt Coordinator; William Lorenz, ~flvironm~ntal Ser&'lce~ Administrator; George Archibald, Trmn~rtatlon Service~ A~lntetr~tor: ~en B~glnski, Planning Servlce~ ~nager: B(,b Lord, Bryan ~ilk, Ron Nino, Phil Scheif, and Ray Bell~s, Plann~-r; Sue Flleon, ~mlniotrative Aooiotant to the Board: and D~puty Byron Tomlln~n, Sherltt~o Or:Ice. T~ #1 Item 9A2 - Reco~ndatton to approve for recording, the final plat of 'Pinnacle Cove' - Added. (Staff's request.) Item 12A - Mrs. Nettte Hathaway - Discussion regarding yellow ribbons and Americans In Nlddle East - Added. (~equested by Coulasioner Hasae.) Item 12B - Discussion of architectural and site review - Added, (Requested b~ Commissioner Hasse.) Item 14FI - To inform and seek approval for an Emergency Services Division realignment plan - Continued t~ 9/11/90. (Staff's request.} Item 14L1Hoved to lOB - Reco~ndatlon that the Board approve a Re~olutlon establishing a fee schedule for Zoning Reevaluation and Adequate Public Facilities vested rights determln4tion applic4tions and appeals. (Sta~f'~ request.) Item 14Ml o Submission of Certification of Acceptance of Subgrant Award 90-CJ-67-09-21-01-009 - Deleted. (Staff's request.) Item 6B3 - Petition R-90-11, Robert L. Duane of ~ole, Montes & Associates, Inc., representing Olobel Investors, Inc., requesting · rezone from C-3 and RHF-6 to R~F-12 for 23 resi- dential units for property locatad at the northeast corner of Neptune Ney and Blueblll Avenue, in Sec. 20, T48~, R25Z, con- sisting of 2.57! acres - Continued Indefinitely. (Requested by the petitioner.) Item 14DI - A~ard Contract for Construction of R~ Nater Booster Station Project - Note that bid number slould be ~90-1597. Discussion regarding bike paths/asides Gate School - Added. Oi~DZ~ ~O-670 ILE PL'rITIO~ ZO-90-I1, CONigU~ITY D~VL~LOPtlill'f DIVISlO~ ~llO ~ ~ SI C~ C~ISSlO~, REQ~STZN3 ~ ~ TO COLLI~ CO~ ~ING O~IN~CE 82-2 ~G~DI~G REC~TION Auger 9, 1990, ae evidenced ~[ Affidavit oJ Publication filed ~ith Clerk, ~blic ~arlng ~as o~ned to consider Petition Z0-90-11. ~lled ~ C~nlty ~velop~nt Division representing the ~C, requestl~ in ordl~e a~ndl~ Ordinance 82-2, the Co~rehenslve B! 5C, O,,:, .08 Page 2 August 28, 1990 Zoning Regulations for the unincorporated area of Collier County, Florida, ~/ amending Section 7.7, "RO" Recreation and Open Space District, Subsection b.3), Permitted Provisional Uses and Structures, by adding child care centers. Planner Milk explained the current ordinance permits .:hlld care centers in the C-I and C-3 Zoning Dtstrlct~ or as a provisional use in the A-2, RMF-12, RMF-16, C-4, C-6 and Industrial Zoning Districts. He said child care center~ are also allowed as provisional u~es when o~ner-occupied and located within the E-Estates, RSF 1-5, RMF-6 and MItRP Zoning Districts. He Indicated staff feels the addl:lon of child care centers where there is a zoning district which permi:s recreation end open space as a permitted use may be an appropriate u~e of land based on s case-~/-case review through the provisional us. process. Ne concluded the CCPC ha~ recommended approval of Petition ZO-90-11 unanimously {5/0). Coulseloner Eases asked If this will allo~ overnight care In these child cere centers? Planner Milk replied a sti~lation can be added on a case-by-case basle during th~ provisional u~ proc~.s to limit th~ hou~'~ of opera- tion, i.e., 6:00 A.~. to 6:00 Coule~ioner maunders questioned 1~ there Is a definl':lon of child care centare In Collier County's zoning code or a 5tats l;censlng definition Nhich excludes ~ernlght accommodations? Planner Milk Indicated there ts nothing specific In t}.e definition statl~ overnight facilities. He said there are c~rt4ln day care facllltleo located In the co~rclally zoned districts as a permitted uae t~t operate 24 hours ~r day. In ~er to Couissioner maunders, Planner Milk stated t~a pro- ~r~y Is rezon~d ~ros A-2 to "RO" for a child care center, ~ disturbances tn th~ neighborhood ~tth traffic, therefore, tt ~ould ~ ~visable to limit the hours ot o~ratlona to during tie day. Co~lseloner Volpe co~ented the term "child" care carter ~y be .09 August 28, 1990 tOO restrictive, because those caring for elderly parentm at home may need a respit- and would require 'adult" care ~upervi~ion, Co.missioner Saunders agreed with the suggestion, but mentioned that this has been advertised as child care centers and cannot be changed at this point in time. He suggested directing staff to eva- luate the need for adult care facilities. County Attorney Cuyler stated the Board may want to evaluate the definition of child care centers tn the zoning ordinance and broaden that to include older people. Me said staff will need time to examine the subject for specific criteria. Coutsstoner Volpe coa~nted s distinction has been ~ade requiring child care centers in certain zoning districts to be o~wner-occupled and In other zoning districts, they aust be commercial. He said he ts inclined to require child care center~ in "RO" zoning distclcts to be os~ner-occupted. Planner Milk reported there has been a recent amendment to the Future l.~nd Use Element (FLUE} to allow "child care center~ as a non- pernltted residential land uae in the urban designation". He said once this is approved by the Department of Community Affalc~ (DCA) In January, 1991, this will all o~ a child care center, whether owner- occupied, non-o-~ner-occupied, couercial, not-for-profit oc for-profit to occur. He stated the a~nd~nt being requested today will allow child car~ c~nt~rs in co~erclal districts, activity centec districts a~ an,~here the County Attorney's Ottice f~els would be c~nslmtent with t~ Or.th Me.gaunt Plan as It exists today and no~ In January after approval of the ~A. C~lsetoner Go. night advised requiring child care centers in 'EO' zonl~ districts to ~ ~ner-occupled will perpetuate the existl~ problems. She said, for example, the Im~kal~e Cllld Care Center &M the YMCA are no~ o~ner-occupled, they are non-p~ofit and ~th are In that desig~tion. She stated what Is being asked for ~or a pro~sed child care center to be brought to the Boart as a vlslml use with decisions ~de on an Individual basis with a "RO" Ot OOO,,,,, .iO P~ge 4 August 28, 1990 ¢lassl[tcat ion. Ilea 8wetland Indicated her support for this ordinance She said ~an¥ of the existing 'RO" uses sre compatible with child c~re centers. She stated this a~nd~nt is a very ~stttv~ step toward ~etlng the child care needs o[ Collier County. She added the a~end~ent ts a contrl~tlon to a different kind of tnfra~t~cture ~hlch 1~ needed ~[or~ Collier County gr~s ~ny larger and 1~ order to ~e~ th~ needs o[ rssld~nts. 8h~ co~nt.d ther~ ts a n~d for overnight care, ~spe- ls~e ~ ~en l~ked at and Ms not ~en resolved. She q~estloned plsclng this restrictioo In th~ ordinance. She referred t~ the com- ~nts ~de r~garding o~er-occupled centers, ~tating very few exist, ~inly for ~ln.ncial r~.~oa~. 8h~ stated the cost o~ land and homes ~d the cost of e~tting u~ a center would r~qulre a higher number of chlldreo In order to ~ [S~ncl~lly feasible, C~lmml~r S~ ~sd, C~lmml~r 0~lght ~! c~rrl.d C~lmmt~.r S~n ~sd, ~c~d~d ~ Co~lssloner ~toodnlght ~ carrlod ~l~ly, t~t the Ordl~ce ms ~red ~1 titled ~1~ ~ ~t~d ~ ent~r~ into Ordl~c. ~k ~o. 39~ AW ORDI~ANC~ ~[NDINO O~DI~ANCK NO. 82-2, THE CO~PRgHg:15IVE ZO~I~O R[~ULATIO~ PO~ T~[ UNINCORPORATED A~[A O[ COLLIER COUNTY BY A~EHDIW~ ~[CTION ~,~ "RO" RECREATION AND OPEN SPACE DISTRICT, ~UB~[CTIO~[ b.3), P[R~ITTED P~OVISIONA[, U3E~ AND STRUCTIRES, BY ADDI~O CHILD CARE CENTERS TOGET}iER ~IT}I CRITERIA; PROVIDING FOR COnfLICT A~D ~gV[RABILI~; AND BY PROVIDING AN EF~ECTI /E DATE. ~gal notice h~ving been published In t~ Naples Daily Ne~s on Au~st ~, 19~O, ~= evidenced by Affidavit of Publication filed ~lth t~ Cl~rk, ~bllc hearing ~a~ opened to consider Petition t-90-19 filed ~ Pa=els S. ~ac'Kle of Cu~lngs t Lockwood representing Astron ~elo~ent of ~ples, Inc., re~esting a rezone from E-Estates to PUD Page August !8, 1990 to b~ known as Astron Plaza for s commercial office park o;~ property bordered to the north by Pine Ridge Road, to the east by O.~ks Boulevard, to the south by lOth Street S.W. and to the wes: by the D-2 cans! in Section 17, To~nahip 49 South, Range 26 East, con-~lsttng of ?.6~ acres. Planner Lord stated the intended uae of this alta is t0, severs! buildings with a maximum floor area not to exceed equate feet and a restaurant not to exceed 2,000 square fe-~t for the exclusive use of the office complex. He related thin request Is to create four tracts, one of which will be used for a temporlry sanitary treatment plant. He added the review criteria established ~lthtn the sctlv~ty center eu~]]~trict of the Growth Management P~an ~re con- sistent and the proposed rezon~ng la, therefore, deemed to be con- sistent ~ith the Oro~th Management Plan. He said this petition has previously been before both the CCPC and the Board of County Co,-=lmeloners and was denied due to the intensity of proposed uses. ~e stated the current request proposes to develop this 7.~ acre informed the sanitary, sawer and stormwater management facilities will be c,~nsd, operated and ~aintained try the c~ener. H~ addod staff feels that this request la a compromise that will work to serve this vl~y center and also act aa a buffer to the residential areas to the south and east. Me advised the CCPC has reviewed this petition and ham forwarded it to the Board with a unanimous recommendation of approval ~ubJect to staff's stipulations. He concluded staff recom- ~ndm approval of R-90-19 subject to all stipulations as contained t~e staff report and the PUD document. Commissioner Vol ps coa~mented that according to the exe.cutlve sum- mary, Pine Ridge Road fro. Oaks Boulevard to Airport Road la operating at · l,evel ot Service (LOS) "~'0 which la below the I. OS s.~t forth in the Orc,~th Management Plan. He asked why the Board la be:ag asked to approve a project with this deficiency? Transportation Services Administrator Archibald repll.rd the LOS is .12 August 28, 1990 "D". ~a said the [.OS on the segment between Airport Road and U.S. that le cvrrently tn the design phase la the segment that Is operating belo~ [.OS "D". He indicated the intent was to project ah,~ad and to recog~ize that at build-out, if the six-lanlng of Pine RiHge Road does not occur, then It would b~ operating at a LOS below "D". Con issioner Volpe stated that In certain instances w;tere there have been questions regarding the level of service, the B.~ard has decided not to allo~ the develop~nt to occur, rather tha:~ compound the probles. He said this petition should include agra specifics regarding the lnfra~t~cture, what the capacity la and ~h{t the Impact of this development ~ill have on the road system. Planner ~11~ stated his calculations do not indica:e that this project will increase the total traffic volume on that ro{d by ~ ~JJcy states mJgnifJcant impact exceeds [n ane~er to CoaaJee$oner Saundere, County Attorney C~yier replied that u~]eae the 5~ rule Je ~t into e~ect, the procedure te to the rezonlng ~Ith the mub~equent pereltting proce.~ ~hether or not they can obtain a certificate o: adequate public facilities. ~velo~nt of ~aplee, Inc., stated the Board has adopted a Growth ties ordinance elates prior to the earliest of 1) subdivision master pl~, 2) site develop~nt plan or 3} building per~tt, a proposed pro- Ject re~tree a certificate of public facilities adequacy. She com- ~nted t~t approving the rezone for this project Is not ]ding to all~ tM ~tltloner to do anything other than what ts pruvlded within the ~pted ordi~nce. She added protection h~s b~en built into the ordi~nce which states that development cannot occur if t~e roadway Mt ~fttcl~nt at t~t ti.. C~lssJoner Vol~ suggested continuing this Issue loc two weeks, all.trig Start ti~ to answer the questions relating to ~ags ? transportation. Coemlseloner Saunders asked the County Attorney to pr3vtde the Board with a me=orandum of law on what the procedure ts t3 dealing with this type of petition. Coe~esion~r Volpe ~oved, ~con~ed by Co~e~t~er C~IN ~l~ly, to c~tln~ Petition R-90-19 to 9/11/90. It~ ~Cl ~ITIOI AV-~-O16, TI~ C~ ~ ~ FOR ~gal notice having been published In the Naples Dali'/ News on July 29, 1990 ~nd Au~st 5, 1990, ~s evidenced by Affidavit ~bllc~tton flied ~lth the Clerk, ~bltc hearing was o~n~d to con- sider Petition A~-90-016 filed ~ Tlaoth7 C~bral as agent for o~ner John T. ~gocs, requesting to vacate a portion of the slx foot drainage ~nd utility easesent for the purpose of future c~nstructlon of a four-plax building on Lots 4 and 5, Block 81 of th~ ?la~ of Oolden Gate Unit 3 ~s recorded In Plat ~ok 5, pages 9~-1)5 of the ~bllc records of Collier County, Florl~. Tr~ns~rt~tion 8ervices Adslnlstrator Archibald explained this ~tlticn Involves the v~c~ion of a side y~rd drainage ani utility e~se~t 1~ the Golden O~te City are~. Be s~ld this lea continuation of the ~blic h~arln9 o~ August 14, 1990, In order to addfes~ landlclping, density and traffic contemn. He indicated the parcel ~e frontsge on Golden Gate Parkway and the Intent ia to :oneolldate ~lf of Lot 5 ~ith the entire ~uare footage of Lot 4 whl:h would all~ t~ applicant to Increase froa a 2 unit [o a 4 unl~ multi-family ~tlding, In ree~ns~ to direction fro~ the Board, he said, Staf~ has prepared an ~gree~nt addressing five leagues: 1) reducln. I the total ~r of units froe 4 to 3; 2) providing a atnl~u~ of 2 ~ff-etreet parkl~ spaces ~r d~elling unit; 3) pr~ldlng an appropriate turning radi~ to the parking area; 4) paying a fair share of lap:oveaente to ~r ~ithln the alle~ay located on the rear of the lot; and 5) · age 8 August 28, 1990 s~stlng landscaping buflerlng requirements set forth In the zoning ordinance. He reported the o~mer has subsequently decld~,d not to proceed with the project with a reduction Iron i to 3 dw,!lllng units. He said the options for the Board to consider are to either approve the application with certain conditions or to deny the p, tttton, roquirlng the applicant to reprocesa in the future if he an wishes. In answer to Conmiasloner ihanahan, Mr. Archibald replied attempts tn contacting the o~rner have resulted in only gaining th,, tnfornatlon that he does not want to proceed. He said the owner did not indicate m request to withdraw. Oo~ml~lor~r Shanahan ~, ~c~ ~ Co~lssl~ Sa~rs ~ =~1~ ~i~sly, ~o close ~ ~blic hearing. =~1~ ~lm1y, ~o ~ Pe~l~ton A~-90-016. ~~I0~ 90-429/~90-1 CO~I~IN~ ~ S~CI~ ~S~II~S FOR Legal notice having been published In the Naple~ Dally New~ on Au~st 14 and August 21, 1990, as evidenced by A[fidavlt of ~bllcation filed with the Clerk, public hearing was opened to con- light fmcilitie. ~ddltlons mad exlstln~ debt retirem~nt ,~lthtn a por- tion of the Pelican Bay Isprove~nt District. Jla ~rd, representing Pelican Bay Improvement Distr~ct, advised that the Board o[ County Commias~loners ~111 be acting on this petition as the co~l~eion succeedin~ to the principle functions .~ the Pelican ~y I~rovement District (PBID) pursuant to Chapter 74-4.~2, Laws of ~lorl~. ~e explained the prior board of supervisors to the PBID Ini- tiated s progras to ~re equitably adjust and assess for street lights ~y to provld~ street lights to the balance of the comsu.~lty and to llso retire ~xistlng debt ~lthtn a portion o~ Pelican Ba'z that already 000,,:, 15 August 28, 1990 has street lights, lie reported ail residents who will be affected by this assessment have been notified and the average assessment ia approximately $6? per lot. lie indicated there have been less than 2 dozen responses with only a few objections, and those fr~m people who have waited an Inordinate period of time for street lights. He concluded a legal description of the PBID assessment area for roadway lighting system and a revised resolution have been provided as part of the record. COlamlesloner Shanahan questioned If special assessme3ts can be timed to retire existing debt7 Count,/ Attorney Cuyler replied that lsst~e ha~ been researched with nO legal defect found In the process. Assistant County ~niger McLe~re Informed that the 3ounty has pro~rty within Pelican ~y which will be assessed f:r ~3,940.00. In an~er to CommJmmJoner Hames, County Nanager ~rrlll reported parking lot lighting Is n~ In place, and this assessmen~ will provide residential otreet lighting which will benefit the entlr~ northeamt sector of th. project. Co~ll.loner Volpe asked the County Attorney In view of his recent relates to the PBID, to which County Attorney Cuyler replied In the Iffl~tlVe. Cmnty Attorney CuTler co~nicated top the record t~at the Board ot County Commissioners la roll.lng through with the initiation of a procedure [hat took place by the former Board of Supervisors. Jim ~urphy, Chatr~n of the Governmental Affairs Committee o~ t~ Pelican Bay Pro~rty ~ers Association, asked when ~y the affected residents ex~ct to have the street lighting c~;ered by this r~eet In place and in operation? ~r. ~ard answered the Oakmont Su~lvlston can expect street lights installed within the next 30-45 days and the balance of :he community will b~ accomplished by the end of the year. Page 10 August 28, 1990 Commissioner Ihm.-,.~ha~ moved, secondsd b~ Co---laltoner Goodntght ~1 c~rled ~~mly, to cl~ the ~bl~c hearing. C~sl~r Vol~ ~ed, seceded ~ C~tl~oner S~~ ~d ~1~ ~~ly, t~t t~ ~rd of C~ty Cm~s~ion~r~, a~ th~ ~t~1~ ~cc~lng to the prlnct~l f~ctlo~ of the Psltc~ ~y l~~t District ~r~t to C~pter ~4-462. ~ of Ilort~. for st~t light facilities addltt~ ~ extstt~ debt rstlre~nt eithln a ~rtl~ of t~ Pellc~ ~ I~e~nt District. County A~torne~ Cuyler clarified for the record that the resolu- tion Just adopted ts the one he distributed during this aeetln9 and ~t the resolution In the agenda package. Page 11 August 28, 1990 Zt~m ~2A T~I,IJ;~ ~;~O1~ CAKI'Algl~ - $~D ,, Eon Hathaway asked the Board of County Commissioners for support for their Yellow Ribbon Campaign. He explained they would like to tie yell c~w ribbons throughout the County, I.e., on trees, veh[clea, etoree, light ~lee and if ~ee]ble to have all County employeee wear ye~l~ r[b~ns in support of the ho~tagee and military personnel In the M]ddle East. Coaa~ee~oner ~asso and Com~Jse]oneF Goodnlght agreed :o their sup- ~rt of thJ~ ca~paJ~n. Con. to,loner 9sunders co--anted the Commission has ts{an a ~eition eupport[nG United States ~ltcy ~n the Middle East a~d has acted to reduce ~ner~/ uae, and thJe ~ consistent with tlat. He ~eet~oned what ~echan[~m wJ]~ al]~ ~h[~ actJon to ta~e County Manage~ ~rrJ]] commented Mr, Hathaway ha~ brought yellow r]b~ns that he would ]J~e the Coamis~toners to wear rods/ and also has eu~gesttone to lnple~nt the campaign, including a cereaony later in the week for the Chalr~n to tie yellow rlbbon~ on the flagpolm in the C~nty T~ e2 Com~ie.~oner Vo]pe counted the Jeeue invo]vee patrJ)tJem and a.eked t~t the Board 4[eo encourage ~re o~ the com~untty to display the A~rtcan flag. ~~i~r S~ ~, ~co~d ~ Coutee/o~r ~~ ~ di~l~ of t~ ~rlcm fl~. F~T ~ ~PlC~ ~~ - ~ING/ZONING DI~Ot'~ DECISION Legal ~ice having ~en published tn the Naples Datl'f News on Aunt 12, 1990, as evidenced ~ Affidavit of ~bllcatlon flied wl~h ?age 12 August 28, lggO the Clerk, public hearing was opened to consider Petltlo~ A-90-3, Planning/Zoning Director's decision that Hot N' Now, fast food restaurant, ts recralred to have one parking space per ?0 feet of gross floor area, or 17 parking ap&cee for property located on the Southwest corner of Golden Gate Parkway and Tropicana Boulevard Intersection, Lots 22-24, Block 248, Golden Gate Unit 7. Co--nit70evelopment S~rvJces Administrator Brutt stated that this petition le an appeal with regard to the Planning/Zoning Olrector'e decision that a fast food restaurant, knotvn as Hot N' Now lm re~lred to ~rovlde parking based on I space per ?0 square ~eet. ~s Indicated that this situation ~s the result of a falrl7 ne~ wrchandlsing concept as a complete drive thru food establishment ~ere there would be no Indoor or outdoor seating° He ad/iced that the Zonl~ Olrector reviewed this petition end determined that It Is femt food restaurant, and the current Zon$~ Code require! 1 parking space for every ?0 feet of gromm floor area. He requemte.! that the Mr. Brutt afflr~d that eince thie 19 a food ~ervlce :rend which h~s recently developed In the comsunity, Staff is reviewing all th~ p~rkl~g requlrs~nts in th~ Zoning Code. In ShOWer to Comsls~loner Volpe, Mr. 8rutt related th~.t ~rysr Chuck'e on ~he north eide ot th~ E&vt Trail Is a 1,000 ~ facility and they ere In cospllance ~lth th~ parking requirements, bas0~d on I per ?0 $[, or 15 spaces. He Indicated that Checkers which Is located on the south aide of the East Trail Is a 1,020 SF building a~d la In coapll~nce with the required I~ spaces. Mr. Bru tt et&ted that the proposed facility has 8 par):lng spaces, on~ of ~hlch Is handicapped, therefore, It does not meet :he 1 per 70 · ~ requires~nt. He reported that these spaces would acco~t~odate parking for each esployee, but noted that past experience. Indicate that ~any tls~re patrons will purchase their food and park and eat In their cars. ~e pointed out that there are other times wh.~n a large l'age 13 Augue-. 28, ]990 food order la placed and the patron ia instructed to pull into a parking space while that order la being filled. He related that his recouendation is that if there Is no Inside or outside ~eating, and no walk up window, that I parking space be provided per ;OO SF of gross area. Comiseloner Saunders questioned whether this facility meets the 1 per lO0 SF criteria, to which Mr. Brutt replied that the facility would require 18 spaces under the current Ordinance or 12 space; with the proposed change, Mr, Robert Lockhart stated that the reason for his a;,pea] is that he believes there is the lack of a use definition in the Zoning Ordina~ce, He indicated that the proposed use is for drive thru on]y, and the facility is b~ing required to provide parking In the same fashion as a restaurant wlth ln~Jde seating, i.e. McDona]d'm or a Bur~er King, He raported that h]~ clien~'m ultimate goal i~ to have an out~lde o~ating area of approxl~tely 250 SF, with 2 cr 3 umbrella tables, a walk up window, and a double d~lve thru facility. He noted that Jt Jo unclear a~ to the manner ]n which to attain ttat goal. explained that he ha~ re~olved the parking ~ituation wit~ Planning Services, ~/ de~lgning a n~ site plan which b~tter acco=modate~ t~t the Com~lee$on ackn~l~dge that th$~ 1~ a u~e which l~ not addressed In the current parking regulr~mant~. H~ ~tatm~ that the pro~d u~ for o~tslda ~eatl~ would require additional a~e a~ ~yo~d that for inside seatin~ which does not ~ximt. noted ~t ~ce~sive parking S~ b~inG required. Mr, ~ckhart explained that he does not b~lieve that this issue c~ ~ re~o]v~d today, and r~qu~st~d that th~ Co~mis~lon consider · x~d$~in~ th~ proposed parking ordlnanc~ which will ~ol~ th~ for th$~ n~ us~. I~ an~e~ to Co~ls~ionar Hassa, Mr. Lockhart r~ported that this co~y l~ a ~ranchlse ~rom Mlchi~an that ha~ one open e~tablimhment ~ ~t. La~d~rda]e and one under construction In Le~ County. 28, 1990 Mr. Lockhart called attention to a drawing of the proposed faci- lity depicting the landscape areas, concrete pavement and the fac- tang"u let itu tiding with the covered drive thru. He acknowledged that the alta does have 8 parking spaces and there is the requirement for an additional area to be set aside for a drain field that occupies a certain percentage of the land which cou]d have accommod, lted addi- tional parking. He indicated that this location is not within a er,~r service area. He mtated that the emphamls ts on a stacking con- cept with two drive thru windows and the facility will n~t be co~latructed with the thought of generating the abundance of the volume with c~tstde s~ating or ~talde wind~ ~ervtce. He note~ that a maxt- ~ o~ ~/4 of the daily ~,lnese would be In that fashion. Co~Imsioner Vol~ explained that based upon the recommendation of Staff mhd th~ existinG o~dlnancee, tt appears that iht9 ~etttion wJl] ~ denied. He re~rk~d that he ham a rea~ problem with the site plan, noting t~t there are t~ access ~Jnte along Go[den Gate Parkway. c~l~ ~l~ly, to clo~ t~ ~bl~c ~erAflg. ~/oet~r h~Fl ~ld, Hc~ ~ COUlSO~O~F Vo~ ~ C~i~ ~l~ly, to ~ tetltl~ A-90-3, ~d u~n t~ preoen- lt~ ~BI ~~X~ 90-430, ~ ~XTI~ ~-89-24, DR. ~O SPAON~ REPRES~T~NG ~ ~ ~K ~ ~ 1654, ~XSlON~ USE "3(D)" OF ~K ~A~ ~I~O ~R A S~I~/~~ CLUB FACILI~ ~A~D AT ~E ~~rOl OF GOLD~ ~ ~OL~D ~D 13~ STREET, S.~. - A~KD Planner Belies ~tated that the petitioner is requesting ~rovJelona] Uae 'P' of th~ E~tate~ Zoning Dimtrict to a]lowa 6,000 SF o~Jce apace, kitchen and bathrooms. He indicated that the subject ~te ~ ~rently vacant and surrounded by the Golden Gate Fi~e and ~e~ Station to the South, vacant residential lots to the East, ~lden Gate Boulevard to the North, and [3th Street, S.~. to th~ West. D 200,,..; .25 Page Aui~usl 28, 1990 Ye a~tvlsad that all County reviewing agencies have appr~/ed this peti- tion, ~bJect to the conditions ns reflected tn the Agre,~ment Sheet. ~e reported that the p~tltion Is In compliance with the ~irowth Nanage~nt Plan. Mr. ~ll~s e~lained that since this site ts located at an inter- s~ction and the pre~ence of the Golden Gate Regcue Station at the s~h side of the site, th~ p~tltlon~r~s re.est should not adversely affect nelgh~rlng pro.riles In relation to economic an,I odor effects. He re~rted that a slx ~oot wide landscaped ar.a has been pr~lded along the ~outh~rn and eastern ~undarles that ~111 buffer glare fron car ]ighto and reduce noise levels. He noted that the ~rs o~ o~ration have ~en lInit~d from 10:00 A.~. - lt:00 P.M. He stated that Staff ha~ not received any correspondence et:her for or against this petition, and the CCPC recommends approval of same. Co~lesioner Vol~ expressed reservations with being requested to approve a Pr~lslonel Use for the entire site, but no[ Enowlng how the balance of the pro~rty ~lll ~ deve]o~d tn the future. Ho noted r~lrem additional thought. Co~testoner Eaeee q~esttoned ~hether it ~ould be sore advan- tage~s to hev~ · pec~9~ s~l~nt on th~ site, ~r. ~ellow. stated that the ~ealth Depert~nt ~pproved th~ septic e~te~, In answer to Co~lmmion~r VoiDs, Planner hind advised that the · ~er [leant ot the Or--th Hanage~nt Plan includes a provision which slates t~t generally, the Ur~n Designated area sh~ll be. served with e,anlta~ ~ere where feasible. He reported that the Plan does pro- vl~ the op~rtunity ~or septic systems, when l~ Is economically not ~slble to h~k into public or private ~echanlcal systems, with the ~ld~n Oats ~ster Plan, to ~hich ~r. Bell~s replied a[tlr~atively, a~ noted that th~ Plan mille for Provisional U~ea o~ this nature as lo~ ~ transition1 typ~s of uses are a~tted, I.e. the Golden Gate OOO,,:..- Page 16 Augusl 28, 1990 ,ira Station. Dr, Neno Spagna, representing the Petitioner, stated that any future expansions are clearly shown on the site plan, and the use for those expansions are clearly outlined and explained. In addition, he expressed that he has also shown the off-street parking *hat will be required to Include the expansion as shoswn on the site plan. In answer to Conslssloner Hasse, Dr. Spagna explained that the area on Golden Gate Boulevard was requested to be made Irate an open space green area, and the buffering along the eastern and southern sides of the property resulted at the request of Envlrons~ental Staff. Ma noted that the septic tank will be located on the east side of the property. Co~srunlty Develops~ent Services Administrator Brutt advised that a package treatment plant Is an excellent manner to treat the sewage providing there Is the gallonage that It takes for It to operate, lie related that thl~ typ~ of facility may have 100 people o;~ ~ Friday evening, but v~ry f~w people during the week, and theref.~re, there may not be enough voluae going into the plant to make it work adequately. Me reported that the septic system will be designed according to the FlorlSa Administrative In response to Coulsaloner Volpe, Utilities Adminla:rator Arnold st&t~t that ~taff has been working with the Collier Counl¥ Health Departs~nt to better define where and under what circumstances the septics should b~ all ca, ed. ~e related the Sewer Element o~ the Comprehensive Plan defines the areas where septics are appropriate, i.e. the Eslates. He Indicated that the difficulties wllh the septics h~'~s been In the East and South Naples area where there las been a high cor~centration cf these on §§* x 90' Iota, but the ll~rge parcels of lar~ will not interfere with the wellfields. Me repoIted that he concurs with Planning Services Staff that given the usea~e of the pro- po~ facility, the septic Is appropriate. Mr. George Keller, President, Collier County Civic F~deratlon, called attention to transitional uses and questioned whether the pro- .-27 Page 17 August 2B. 1990 {x)med facility ie ~ore desirable. He Indicated that the petitioner contends that this Lodge wi]] be open to members only. but the public will also be Invited to take part tn the dinners. He noted that this facility will not be able to exist financially unless It :stets to outside people, i.e. dinners and dances. He related that he believes that thlm activity will be more Intense than that of the ?ire Department. He explained that he ha~ no objection to the Moose Lodge. kt ]me [eels that these types of facilities should be ]oc.~ted In Ictivlt¥ Centers. Coma~issloner 9sunders stated that a mechanism has been created for siting Prcrvislona] Uses in the Golden Oats Master Plan consisting of three different locations: Activity Centers. next door t~. existing Prcrvi,lonal U~es. or n~xt door to existing commercial ~r. Artims T&ll~y ,t~ted that the Lodoe doe. not cater' to out- slderm. He explained that th~ memb~r~ and their families are able to etter{d the social functions, and there la a one time only guest poll r/. He reported that the Moose has taken care of 3,0CO aged members and tNelr wives since ~922. ]n addition, he explained that the meabers donate every two weeks to Mr)o~e Heart, which ~as graduated ~0,000 orphans since i9130 H- noted that the~e children {re housed with a rem~ining parent. He stated that out o~ these 10,COO young ~ulte, none have been Involved in any t,lony activity. There ware no other C~mi.iom~r ~ moved, .cond~l by ¢osmlssion~r ~oodnlght to ~ {~titlo~ 1~-89-24, smmbJect to St&ff'e etipul&tlor~, t~-~y, &d~gting {t~olution 90-430. Cowulsaloner Volpe suggested that the hours of operation be ~n¢]~ded in the Stipulations. Dr. 9pagna noted that he dcee not object to the hour~ ot operation being included in the Stipulations. Co~mlsslon~r Ib~t~n mnd~d hie motion to lnclud~ In the {tiWhti~, ~ hours of o1~ratlon from 10{00 &.W. - ll~O0 P.M., 1990 90-4 &MD R~SOX.~TXOM 90-431, AJq~RDXMG TI~ D~Q~ELO~ CXTTG&~ ~ P~RX PT.&MIt~ UMZT D~LOPM~IrF, DO&H C&SE r~t~c c~ss 19-6 - A~OPTg~ Planner Rlno stated that this item is an amendment re, the Cttygate Com~merce Park Development Order a9 a{;reed to by the Commission and the Depart~nt of Co~runit¥ Affairs {I~A) tn a stl~lated settlement ~Ur~nt. He explained that the ~9rees~nt ~as executed ~lth regard to ~vlron~ntal conditions ~ithln the Eevelopment Order. He reported t~t ~taff ts reco~endin9 approval of the amended Development Order. ~ig al~ly, to ~~ t~ ~ts to t~ Cltffatm ~~t ~r, ~ t~t ~l~nt ~r 90-4 ~ Rm~/ution OC, ..'41 Augue': 28, 1990 ',r'R&i'I/'GI~A'I"'ZOlI' S*~rV'/C/J ST,Ltl TO ~ M/TH AFI~OPRIAT· $¢,~0OL ~Y~FI~,~ JM~ FIK~rID~ ~~I~DATIOI~ R~ BI1[~ PJtTI~/GOLDI:N GAT~ ~ SCaOO~ .... I~r. Robert Hunter pointed out thai: there Is a dangerous situation at Golden Gate Elementary School. He reported that ther~ is not ade- quate sidewalks along the front of the school. He reque~,ted that a sidewalk be constructed from Sunshine Boulevard to the fair side of the bridge so that the children who live on the opposite side. of the school can utilize the sidewalk to the location of the crossing guard. Ne rioted that many of the children walk or ride their bi, es to school a~d there are no sidewalks and they cross the road to the school at th~ i-way stop sign. Transportation Services Administrator Archibald advised that one of th~ concerns is to extend the bike path from Sunshine Boulevard to lgth and 2Otb Streets. Re noted that a nu,-ber of children arrive at the school from Coronado Boulevard and the bike path In question would tie that road Into the school. He explained that this is one of Staff's priorities and will come back to the Commission t, lth recommen- dations. In answer to CouJestoner flames, kit. Archibald stated that he ~]Jevee t~t there Je a c~o~sJng ~ard at the Intersection of [gth a~ 20th Streets, in ~dJtJon to o~ guard on the east stye of the ac~l. ~lM ~l~ly, to direct ~~rtatlon S.~tc.. Ma/n/etrmtor ~i~ld to mt .ith t~ a~r~riate .c~l official. ~ pr~t~ ~tt~ .lth r~ard to ~luti~ to t~ problem. Co~iestoner Shanahan stated that this plat eeem. to I)e completely la or~r. ~~ ~~1~, to m~ t~ recordl~ of t~ f~f. plat of mPl~le ~e', nbJect to t~ foll~t~ stl~latta: Augus~ 28, 1990 Accept the Construction and Haintenance end Escr()w Agreement ae security to guarantee completion of the subdi~,lslon Impro- vements. 2. Authorize the recording of the Final Plat of "Plx~nacle Cove." 3, Authorize the Chairm~an to execute the attached Construction and ~Intermnce and Escrow Agreement. That no Certificate~ of Occupancy be granted until the required tmproves~ents have received preliminary ~cceptance, and [.ely Resort, Phase One has received prelJmina~ry accep- tance. Because the project Is to be constructed tn two l,hases, a bond ~ust stay in place for the entire project until treltmlnary acceptance is granted for both phases. 6. Ail Construction msist be complete within 36 montks. Page 21 August 28, 1990 Xtmm ~1 ~ I*OIt i~tOI~$XOMAL IlT'DltO~OLO~IXCAL EMGX~IMG 91~ZCIS ~~ · ~., I~. F~ ~ A~X~ X~TIGATXOMS - D~D Assistant Utilities Administra[or Bloetscher stated that this Item Is a re. est to a~rove the professional me.Ices contract with Himself & Amm~., 1nc., for deep well investigations for potential future water sovrce~ and aquifer storage and recovery. H~ explained that th~ Commission selected Misstmer & A~oc. on April 3, 1990. Mr. Bloetncher ~dvlsed that thin l~ e four phase project. He af[lr~d t~t the first phee~ lnvolvem drilling two wells do~ to 1,~OO' to r~t~ the water ~arlng errata and determine d~ep geolo~; the eecond pha~e will Involve ~mplng to determine the visible strata for future ~llfleld~ and the potential atrata for aqutfe~ storage and rec~. ~ noted that all the drilling will be perform,~d by Mleel~r'e firm. ~n an~er to Commlamloner Vol~, Mr. Bloet~cher expla~:ned that 32 mllll~ gallonm ~r day (~D) In water mourcem will be r~qulred In the year 2000. He ~ted t~t th~ ~t/er etorag~ and r~covery method will eav~ t~ County ~ mtgnlflc~nt amount of dollar~ In th~ cor,etructlon ~dltlo~l water tr.atmwnt plant capacity In the n~xt ten yeara. He related that there lm ~ tre~ndoua ~mount of fluctuation In the amount of ~ater that lm treated la th~ eum~r ~nd retrieved In th~ winter. Co~tmmton~r Volp~ volc.d conc~rnm with regard to th~ $500,000 In drllll~ co~to for water that will ~ u~ble to be treated with ~rane eof tening. OtllltJee ~mlnletrator Arnold minted that thlm progra~ 1~ [ocueed on the co~ntty'e concerne with regard to long ter~ water needa. He affl~ t~t a~thmr factor to ~ coneldered 1~ where the water will ~ c~l~ from for th~ ~n~t~e Ro~d elt~ If it 1~ to play cant role In ~rco Iela~'e water eupply. In ~r to Co~tmetoner Hamme, Mr. Arnold explained that th~r~ ~ve ~ l~reael~ prohtbltton~ againmt the ume of the ~lf~re ~ the concernm of m~lt water lntrumton, and the deeper P,~ge 22 SO~es need to b~ reviewed. CouSaelor~r Volpe revealed that he believed that the County Joint ventured with the Marco Island Utility to do some drlllln~ at 500' ~r. Amold replied that the County has not yet Joint ventt.red ~lth the ~rco Island Uttltty with res~ct to these lnvsstlgatlons, ~t thsr~ ~y ~ the ~t~ntial to do so. He re~rked that his conci.rn is that ~t ~hs r~search to ~ done and th~n hav~ th~ ~arco Isla~d Utility C~mty. M~ ~xplaln~d that h~ has ~n In t~ch with that ~ntlty and ~is~d that omc~ this issue h~s ~n pr~ment~d to the Commission and th~ con~ult,nt's contract ~s ~en determined, h~ would then dlscu~ t~lr p, rtlcip, tton In the project. C~lsslon~r Volpe stated that he Is looking at ~axl~Izln9 the C~nty's tax dollar~, ~nd It ap~aro that the ~arco Islan~ Utility ~ay 'plp~g b~ck' on the research that has been provided by th, County. H~ ~g~st~d t~t the Utility negotlat~ In =dvance ra~her th, n the County c~tr~ctlng ~lth the consultant since ther~ ~111 b~ · commitment to ~ fo~ard ~nd th~ Utility ~111 ~t ~ committed to do *nythln9. Coml~slon, r ~h~n~h~n ~t~t~d that h~ b~llsves th~rs s~ould b~ an ~r~nt upfront ~lth th~ Utility ~s to ~hat their ocop~ and lntsn- tion of the study ~ill ~, ~r, Arnold replied that he ~111 further dls~ss this Issue ~lth the Utility ~nd r~rt back to the Con. lesion. Co~lssloner 5~n~h~n ~ffir~d that th~r~ Is th~ n~ed to do ~thlng at the ~tee Road site, noting that the l~as~ ~xplres In 1~94 ~ t~r~ Is no evidence t~t It ~111 ~ extended. He indicated that t~ plant tha~ Is going In on ~rco Is a 4 =llllon gallon reverse ~sts plant b~t does not s~ak to ~ater availability la the ~ld 19~0~s. H~ stated that the County has the obligation to det~r~tn~ ho~ t~ ~ter ~111 ~ ~upplied to ~rco Island. ~r. Tos ~lssl~r advised that ~henever a process Is lsplesented ~ t~re Is an7 ty~ of uncertainty, the contracts are broken up into 000, 57 August 28, 1990 pl~mH$. Me explained that the lnitta! test wells are placed, the zone tm located and then tented. He Indicated that if it appears that that ia Inappropriate at that point In tt~e, the operation is then discon- tinued. He affirmed that the teQt well8 that have been drilled on ~rco Isl&nd indicate that they are &>otentlal Injection zcnes, and tNre iQ available Information with regard to the northern portion of the C~nt~, ~t there lm no $nfor~tlon on the deep ~y~tem~ between the ~rco Imland temt and the Pelican BeV area, ~r. Hieel~r re~rted that the Intent S~ to obtain an operational ~t~ o~ A~R ~t th~ ~n~t~ ~$t~, ~tl%~zln~ the t~n~ and ~pln~ it into t~ ~rou~ durSn~ th~ w~t ~a~on ~o that the obligation to M~r~o ~ ~t. Me re~%ed that the ~n~tee ~e ~ be the ~uture ~lte o~ a that ~ ~r~o %~land Sncor~r~t~, ~t wSXj h~ve to pro~ld~ ~t~ own no ~ter resources available for drilling, ~rco would need to go out- sld~ of that area to th~ ~lnland to obtain thoo~ r~sourc~s. Co~i~lon~r Volp. re~rk~d that th~ ~arco Island Utility will have to ~ so. thin9 ~lihln th~ n~xt two years to ld~ntii~ a source of ~ater for their cu=to~r~, Me ~t~ted that the Utility h~s a vested l~t~res~ In coo~ratlng In thl~ project and the ability tc share the costs. H~ su~9~sted that Staff pursue that entity to fln~ out what t~lr obligations are. In answer to Co~lssioner Saunders, Mr. Mis~l~er advlted that one ~lf of the con~ultla9 fees and one half ol the drilling costs for the first p~se r~presents the co~t attributable to Marco Islind. Co~lssio~r Saunder~ noted that It .ee=s that there should be ~otiatlons with ~rco Island Utllltle~ to deter=ln~ whal they are ~llll~ to ~ In ter~ of participation, prior to approval o~ the contr~t. ~r. Ntssl~r afflr~d that h~ can hold the cost of th~. drlllln~ August 28, 1990 portion of the contract for a few weekm, but if this item is continued too far in the future, the comte will be greater. ~~ ~1~1~, to ~l~ t~ f~l ~c~e~ on the c~tract for ~ ~ to ~ble Staff to ~eeoi~ly ~r~e the ~rc~ f~ ~ ~l~a~l~ of ~ltl~l ~ter aces for t~lr ~ ~; ~~AT~ ~ ~a'~ 0~I~ l~ CO~ A~tant Utlllt ~e. AdminJ~trator Bloet~cher ~ated that thl~ Item ]m a re~eet for Staff to solicit Statements of Interest ~nd ~altflcation~ for professional engineerln9 services. He Indicated t~t the current ~rchasin9 Policy state~ that If professional met- vices contracts are to ~ In excesm of ~1,000,000, three ]nranked fl~ are to ~ presented to the Comml~sion. He noted this Policy, lnterv$~ will be re~lred for slx different projects. ~e lndicmted that if the ~ard Is desirou~ of ellmlnatin9 some of the lnts~i~ .lth res~ct to the pl~llne work, the ~rchasin9 Policy ~ld ~ed to be waived. C~lsslo~r ~mund~rm r~called that a Policy decision had been ~de t~ omce th. determinatlo~ hmd been ~d. a~ to wher~ the pipes ~uld ~ placed, ~he Co~Isston wa. not t.r~lbly concernet about the s~l~ctton proces~ for the layln~ o~ the individual pipellaes. ~ted t~t ~ doe~ not see any reason to Interview the conaultant~ for Co~issloner Vol~ concurred with Commissioner maunders' comment, ~t ~ted that there 1~ a significant dollar amount Involved and there will ~ ~ flrm~ doing mo~ of the work. ln~l~ t~s. consultants for th~ ~Jor proJmcts ~ha~ mrs tn mxc.ss Of ~1 million. ~lsi~ ~rs Vg, ~cmd ~ Co~lsslo~r ~lght, .50 &u~t 2a, lggO ~h of t~ ~ter C~ltal ~o~to. C~issloner Vol~ voiced his op~sttlon to delegating this rez~nslbl]ity to Staff for projects in exces~ of 51 million. He that he ~uld ~ ~re comfortable If there t~ County ~nager'~ office ~ervJn~ on the Selection Committee. ~~i~r S~rm ~~ him ~tl~ to inclvd~ the ~ltt~ ~t~tl~ rrm ~ ~r'm Office ~ the C~a ~tt~'m Office to ~m ~ t~ cmltt~. Cmlmmto~r O~lght ~~ t~ ~t. ~ ~tlm cmrrl~ ~1~1~. Am~l~tant Utilities Administrator Bloetscher ~tated that this item reflects the 8~r Caplt~l Projects and the request Is ba~lca]]~ the · ~ that of the previou~ lt~. Me noted that the consultants for t~ Expansion Plant~ will ~ brought back to the Co.mission limt of fire ~$th regard to t~ Treat~nt Pl~t ~ton~ ~15 a ~1~)~ ~ r~r~tatlv~ from t~ C~ty ~.~er's ~ t~ ~ ~tto~'~ Office to ~e on klxti~ Cmltt~ ~lcb ~111 ~lect t~ a~r~rlate flr~ for ~st, Ho ~ted that a couple of ~flths ago, th~ Commission nt~rtz~d ~ta[f to ~gotlate with the chassis ~nufacturer to deter- t~ total cost of the project. August 28, 1990 Wt. Weardon called attention to Page 5 of the Executive Summary which reflects the recomm~ndations of the Selection Committee. He advi~d that he ia asking to move forward with some of the Items listed on Page 5. arid to defer som~ of the Items pendlno a letter of intent to protest the bid from one of the vendors. Hr. Reardon requested &pprova] to award the bid for the vehicle to Florid& Transportation in the a~nt of $129,~80. He explained that the c~nlcations desion packag~ and the communications options (w.at~r stltlon e~rgency r~at~r) ~r~ recommended N~plee ~o-~ay Radio, ~t he requested that these Items be de~erred un~ll ~eptem~r 11 or 18, since Staff ham received a letter of Intent to prote~t. He re.fred that th~ bid Ior the personal cumputer ~stess for the com~nd ~st In the amount of 99,746 was the Io~ bid. He Indicated that mlucellan~ous suppor~ equipment and expendables a~ a cost not io exceed ~19,000 1~ r~quested. He pointed out that Items · nd 7 relate to the {~tmur radio net~rk ~qulpm~nt and requested that th.e t~ Its-- ~ deferred since they r. late to the communications ~c~gm aM will ~ Included in the ~p~al with respect :o the bid protest. He noted thit one half of the money for Items .1 lad 7 will ~ refuMed thr~gh ~ 5tats grant. H~ stated that th~ for field ridlo equlp~nt which Ms the lblllty to talk to the sobilm c~ cost ~t ~ cost not to exceed Mr. R~rdon ~dvised that th~ CIpltal budget for this equipment was {325,000, bu~ the r~cossendatlons for approval, including the deferred ltem~ total ~232,052. He requmstmd approval to move for. ard on Items · l, 4, 5, ~d 8, as r~l~cted in the lxecutlve Summary. ~imsloner 9Mnahan stated that he has received ~nV inquiries with r~ard to th~ vehicle, I.e. the cost, the size, the ~anner tn ~lch It is ~qulp~d, ~tc. Mr. Rear~n explained that the committee looked az every need and couti~ency with regard to the length of tim~ the vehicle would be ·ble to me~e t~ co--unity. He affirmed t Mt this is a ~:ustos v~htcle, with ~ washr~s or sleeping facilities which is divided Into Page 27 Auilus: 28, 1990 three eeparat, control ar~as so that the commanders, communications and tacticians will not run into each other as they are ~rylng to do their 3ob. He reported that the couittee believes that this vehicle ia what the County needs for the next 20 years, noting that the Sheriff and his staff, Fire Department and AS staff supl~rt the reoom~endation as presented. Mr. Reardon divulged that several of the Fire Chiefs have offered ·pace in their stations to store the vehicle, and the fire fighters will reeI>ond the vehicle to the $nc~d.nt scene. In anewer to Comml~m$oner Shanahan, Mr. Reardon state.d that there w]]] ~ ~ny non-em, rgency co~nJty events when this versicle will be ~t ~o a~lication. With regard to the decision relative to the htgh bid for the c~nlca~lons equlpmen~ for ~he vehicle, Nr. Reardon ~tited that the co~ttl~ ~s~d their reco~ndatlon upon qualitativ, issues and the ex~rlenc4 of ~rklng e~rgency sce~s. exlstl~ vehicle which la utilized In Lee County. ~rgency ~na~e~n~ Coordinator Arnold advised ~hat Lee County In the process of de~lgnln9 ~ new ~blle com~nd po~t, no,In9 that ~h~ are utlllzln~ a u.ed bus with 500,000 mll-s. He Indicated that this alternatlv~ was review.d, ~t the committee felt that Collier C~nty ~uld ~ ~yin9 th. ma~ ty~s of problems that ar~ beino experienced with th~ current vehicle. He noted tNat Collier County workt~ v.rV closely with L~e, C~rlot~e and 9arasota Couatles with r~ard to co~nlca~lon ~thods. Cowry ~9er ~rrlll explained that the prl~f read.on that this It a wu ~Oet.d for the past two years Is that the curr.nt mobile ~~ ~mt Is 1~ years old and was a former bookmobile ~lth 200,000 mllmm. Hm advised t~t thi~ vehicle's to9 speed Is 30 Co~lsmlo~r ~n~n stated that he realizes that a new v~hicle lm ~eded, ~t questioned whether this Is the kind of veh:.cle and the ~ of ~y that si~uld be ~pent for mame. August 28, 1990 Col~lssioner Voll~ questioned whether th~ Confiscate<', Trust Fund could be utilized for this purpose. Sheriff D<~n [fUhrer advised that the Confiscated Trust ~nd may ~ly ~ used for l~ enforce~nt ~r~ees. He noted that he believes t~t tMre ts the ~ten~lal to ~ave ~ny dollars since he. has two vans that are used ~ the coe~nd ~st In emergencies which cc,uld be con- soli~ted for a savings of $321,O00. Co~lssloner Saunders suggested that ~r. Reardon and the co,mitres ~t ~ith therlff Hunter to r~l~ the capabllltle~ of tie proposed c~ ~st. Sheriff Hunter stated that he has cut his budget ~3.f sllllon and ~ggested that this r~source ~ combined ~lnce It la already e~lstence. He noted that one of his vehicles Is a converted Jail van a~ the other Is the B~t~bil~. ~tal~ ~rs ~, sci ~ C~lsst=r Vol~ ~ ~i~ ~1~1~, to c~tt~ this itn for ~ ~e~ to e~ble ~tt~ to ~t elth t~ ~lff elth r~t to utlltzl~ ~ of · oo ~ 12:~0 P.M. - ~~ 1:10 P.M. ese 000 ~ C1~ ~l~l r~l~ ~ Clerk ~ln at this tim Itu ~1 County ~Qer ~rrill stated that the County admitted the open- ~rnl~ associated with the landfill was In violation of the County's permit and ~vlsed that it will not reoccur. County ~nager Oorrill intor~ t~t he ~t with the Deputy Secretary of the regional DER office tn Ft. Hyers on Auger 24, 1990 aM an agreement ~as ~de to ~gotiate a revimed consent decree which will allow the County to per- fora tn klm service~ in lieu of paying the ~18,0OO cash fine. County ~er ~rr$11 reco~Med that the Board authorize the County Attor- ~ ~ hi,elf to enter Into negotiations of a revised consent ~cree. He ~d that the In-kind services would be progra~ that 28, Ii)gO bar. fit Collier County environmental utters a8 opposed to a c&~h fine paid to Tell&h&eeee of ~bich Collier County ~111 not receive any bene- fit. C~nty Manager Dorrlll suggested tte~s ~hlch ~ere recommended DER a~ acceptable In-kind services such as the installation of ~atee protection algas ~lthin the intercoasta] ~aterwa~ and ~at ra~a a~ ~ell aa dune restoration projects. ~i~ ~/0, to ~t~rlze t~ ~ ~er to ~ttate a r~l~d ~t ~ t~t c~t~lat~ ~ ~rt of me. ice tn kt~ to .lti- ~te ~ ~~ t~t t~k pl~e. Its al County ~nager ~rrlll addressed the final proposed ~udget was eu~itted to the Commissioners for the first Public Eudget Hearlng~ echeduled for 9eptember 12, lqgO. He advi.ed t[at at the direction from the ~ard the a~unta of revenue~ d~termlred by the ~rd ~re caped et 14~. He commented t,~at the t~o actlon~ requested ~ the ~ard at the last ~orkahop ~ve been acco~pltehed ~hlch ~ere to brl~ back a final lief of recommended c~ltm and to permor~ally meet ~ith each Constitutional Officer to determine further cute that they could ~ke or to ~11 the Constitutional Officer~ and agency relative to a ~tentlal 1~ reduction In salary adjustments for 1991. ~gardl~ the first action on reco~ended cuts, County ~nager ~rrlll ~lnted ~t the exhibit In the Executive Summary. He expiated that tM sum of the pro.amd ~ts red,ilia in a 12.~ tncrea~ ~hich Is 1-3/10~ lo.er than requested. ~9ardin9 the second action, County Manager Oorrill stated that he did ~et with each Constitutional Officer individually, and the con- sends is that not one of the officers 1~ ~illing to ~ke further cuts In t~lr ~get until the ~ard resolves the budget sltui~tlon ~ith the Page 30 Auguet 28, 1990 ~{m~rlff. He lnforaed that the Constitutional Officers will not recom- Hnd reducing employees salary adjustments. County Manag,~r Dorrlll added that he too ia against employee salary adjustment9 because with the Increased dependent health coverage for County employs.es for next year, the reduction of i~ salary adjustments will cogt em{)ioyee9 more ~, defeating the purpose of paying for performance. Cmtmmioner Sha~han ~estioned, excludlno the Sheriff, where are the constitutional officer~ on their Oea~ra] fund budoets? County ~mO~r ~rrl]l advised that the Clerk of the Courtw and Clerk to the ~ard'e ~dget is up 4.2~, the ProHrtv Appraisers' budget ts up 8.8~, T~ Collector's ~doe~ l~ up 8.9%, the Supervisor of Elecilons' is up B.2~, a~ the C~nty ~naoer's ~dget {~ up 4%. He added tha~ these ~ke up ~he ~Jor ~rtion o~ the general fund ~doets, amc the Board end a~orney's off2ce have minor a~un~s that combined adc up to ]ess t~n $2 m{{~iom which does mot {mpact the Res~lnO to Co~{em{o~r 9hanahan, County Manager ~ trill ra~rtmd ihat the combined average of the Oeneral fund buCge~ for all of t~ County Co~temlon Is 5.8~ and another percent woul¢ office. TO anmr Coule. ioner Vol~. County Manager Dorrlll advised that in ~llar a~unte the .dopt.d ~dget for 1990 was $t9,228,700 and the ~ro~ed ~{dget {s $20,250,000 wh{ch Je up $],000.000. t~t this a~unt lncJudem the County ~nager'. office, Co%.nty Attor- n~'m office, the Commiee[oners' administrative offices, l. nd the Court related ;~o~ra~ .~ col~s. County ~nager Dorr~ll ~nfor~ed ~ha~ ~he ~o%a] for the Con~t ~ut ~ona~ Off ~cer6' 1990 adopted budge~ was $35,322,800 and the submitted ~dgets for 1991 are 943,52(,,000 which Jm a~ increase of ~8,2 million, but the Sheriff's amount that was pre- vioualy ~t ~tch was ~2,300,000 needm to be deducted leaving an increase of a~ut 86 aillion for total Constitutional Coni~l[o.r Vol~ cownted the dollar amount {ncreaae across the 135 Au~st 28. 1990 b(~nrd is approxlm~mtely $7 million to which County Manager Oorrlll agreed. County l~mnager DorrIll responded to Commissioner Volpe's ~matto~ regarding total lggo ~dget. by explaining thmt the general Q~m~nt total fund appropriations wa~ t60.20B.600 and clarified t~t t~ total tax related reven~es are up 12.7%. C~ty ~nager ~rrI]] reminded thm commissioners that they have voted to accept the p~lot project for the Immokalee Emergency Room ¢]Inlc t~lc~tlng that ~ndIng the end of the pilot project which runn thr~gh ~epten~r the County would pr~lde fund~ In the budget ~or the coming vemr In addition to donatlonm being ral~ed by the local clergy. ~ declared the a~unt re, Ired to do this ~ )32~.000 which Includes 8)~.000 for the mhutt]e van ne~ce; h~er. due to the lack o~ use In the mb tile van~ mince the clinic o~ned, County Manager Corrtll does ~t rec~ the ~ard approve the $56,000 for shuttle van service. Re asserted that at the end of the pilot project there will be a~r~i~tely ~2T~,OO0 n~ program coats which will either come from reserve~ or need to t~ Identified through some other budget cut. C~leelo~r Shanahan retried that ot the ~TS,0OO portion which ia to ~ derived from do~tione, ~2~,000 has been ralmed ~nd the general feeling ia that the goal will be emi, County Manager Dorrill clarified that the ~l~,O00 will ~ derived {roe donations and also from ln-kl~ ~ney Irom the hospital and Collier Health S(rvlcea In C~lmmio~r Ooodnight $nfor~d the Board that aha hal: been ~rkt~ with ~ry Ellen ~awkina who has t~en In contact wLth the Teaching ~dlcal Noepltal, and an agree~nt ta being sought which l~k~ ~attlve at this tI~ to ~ve mo~ of the students finish their ~t year or so ot Internship at the Clinic which would offset a por- tl~ of t~ cost for staffing tn the ~uture. Co~ieeJoner Shanahan returned to the subject of the County pro- vidi~ t~ ~2T5,OOO ~rtion o~ this budget and pointed out that this a~nt ~a ~t ~en ~dentified lr~ the budget for 1991. Cc,usry Manager ~rrill reMr~ed t~t If the ~ney can not be found In any other area Au!~uet !8, 1990 tlwn staff w%ll raport back to the Board with a plan identifying the m~niee from the general funds reserved to fund this pro~ram. Commissioner Vol p~ a~ked ~ount~ ~naocr ~rrill what the dollar · ~t t~ for balanctno the pro~sed budoet7 County Manao,~r Dorrlll re~d W referring to page two of the Executive Summar'f and ~lnted ~t that a total cut of 82.7 million needed to be identified In order to arrive at a 14~ tax Increase, he added that $3,2 million tn ~ts hav~ actually ~en identified which 1~ SSOO,OOO more than was r~es~d resulting In a 1~.7~ tax Increase. Co~tssi~er Vol~ referred to the dis~ssion on mobil,~ co.and s~ln~ of ~92,000 to o~ratlng and asked 1~ what 1~ being discussed will l~Ici tha~ a~unt? County ~nager Dorrlll answered ~hat it c~ld ~s~lbly ~t could no~ give the number until September 12 at the ~bllc h~rin~ ~cau~ o~ th~ commissioners request of ~wo weeks eva- luailon th~ t~ o[ v~hlcle n~ed~d and ~he possibility of ~orklng with th~ Sheriff. C~lsslon~r Vol~ said ~ha~ h~ has r~c~lved correspont~nc~ reg~rdl~ th~ ~dget r~latin~ specifically to the Collier ~ounty ~oll ~ M~r Consolation Dls/rlci ~llocsilon o{ SSO,0OO ~nd ~sk~d for clarification a~ ~o what this 1~? K~vln ~'Donnell, Public Services Msinistr~tor, explained that the Soil ~nd H~ter Conservation District is · contract agency which is ~dmlnlstered and p~rtlally funded thr~gh Public Be~lc~ and also partially funded through the State ~ [e~r~l Govern~nt. He stated that the ~50,000 i~ the same a~ re~sted tot 1990 ~nd Is used ~or o~ratlng expenses to cover the coats of t~ soil con~e~atlonl~ts which they staff as well ~s secre- tarial mup~rt. He lntor~d that the District was created through a refere~ a numar o[ years ago supplying technical expertise to far- ~rs or ~yo~ Interested In conserving soil and applying n~ programs of ~ater con~rv~tlon. ~r. O'~nnell stated that the District works In conJu~tlon ~ith the Agriculture Depart~nt which Is mcre Involved In t~ ~ducatlo~l as~ct of conservation where the District program ~]l~s ~rm technical aa~istance. He added that plans are that this Page 33 ~ol! and Water Conservation Dletrict w111 I>e housed in th~ new Agriculture Center but clarified that they do provide a s,~parate and distinct function, C~lastoner Ooodnlght pointed out that this was a referendum that was h~ld &ckno~led~ln~ that this ts what the County voter.~ wanted and tht only tax dollars to b~ used Is for office ~pace and s,)~e fundin~ for the specialists required. ~r. O'Donnell ~ssured Co~mlssloner Volp~ that he does f~el funding lm Justified for thin progr&m because of Its uniqueness &ad is not be in~ ~pltcated by any other a~enc¥. In response to Co~,tsstoner l~se, Br. O'Donnell ~mphaslzed that water conservation In Cmt¥ Is a v~ry critical factor and this a~enc¥ works cl.~s~ly with th~ famrs In producln9 b~tter technical ~ethods to achl.~ve r~Iulr~d r~sults. County I~anag~r Dorrlll specified that If th~ 8o~rd Is considering r~ducln~ or ellmlnatln~ an? o~ the 12 contracted a~ncies the Count? ~loys, th~n they ~hould b~ Invited before the Board to directly 8n~r quastlona r~l~.tln~ to the Justification of their ~rtlcul&r O~or~. X~ll~r, President of Collier County Civic ~ede:'atton, to th~ Board su~estln~ that th~ allla~e rat~ b~ r~duced ~'ath~r lncr~as.d continuously, ~e .also recom~nded that there b. a l~ lnfl&- tlon r~t~ and a 8~ rate a~alnst new proD~rt¥ for the serv..css they will reqnire brln~ln~ the total tax lncre&se to 10~. ¢o-~lmelonar Sh~nahan questioned that with a tax lncr~ase o~ Director, responded that a~ It ~t~nd~ there 1~ a ~ll~ht ~ecrla~e ~t 12.7I and the Increase In millage would be at 13.5~. J~me Polkc~skl, Director of the Collier County Public Health provlde~ n~-,~ lnfor~tlon to the Board re~ardln~ the IPOP l~rogram. She comntsd that when the fumls ware ~ppropriated three and a half ~o. the high risk clinics were lmdiatsly opened ~hlch ~re cllnlc~ conducted by obstetricians In the community; and ttfter t~o Page 34 Augus! 28, lggO months of the opening of thesa clinics, Naples Community Hospital noted a significant Improvement In health care, CommlssJoner Hasse amked If the funding could perhaps come from other source m tn the dep~rt~nt? Dr. Polk~skl explained that this would require cutting other pr~entlve programs which ar~ also used to reduce ihe cost to the ~y~r ~ preventing complications and hospitalizations. She ~lnted ~t that at the present time there 1~ a 6 or 7 week wait time for child h~alth clinics and added that 40~ of the deliveries are not c~ered ~ a third party such a~ Medicaid. Co~lsflloner Vol~ stated that the cut proposed to the IPOP budget Is ~t a ~tlon of the ~ne~lt of the program, but rather If there Is other fundinG avallabl~ to help ~lnlslze the tax dollar. Iff an~r to Commissioner Volp~'s question, Dr. Polko~ski res~nd~d that ther~ are 10 physicians under contract at ~resent, and th~ are paid ~/ what l~ ~in~ collected from M~dlcald ant the ~oney ~u~d ~ the County which a~unts to approximately ~330,')OO. s~clfled the ~ervlc~s recalved were 1,100 dellverte~ mad,~ by p~stclan~ last y~ar a~ w~ll as conducting weekly high ri,k clinics ~d providing consultation to the staff. Comsiosion~r 9sunders said h~ feels the Commission sh~,uld fund $I00,000 for th~ IPOP program In lhe 1991 ~iscal Co~l~lon~r Vol~ a~ked If th~ ~165,000 lo n~ed~d to continue the ~liStlN IPOP program to ~hlch Dr. Polkow~kl replied that this ~nts ~roxl~tely 17~ of th~ IPOP budget. Commissioner Has~ ~estion~d tt~e a~unt of th~ IPOP budget? Dr. Polko~kl zeported that t~ ex~dlture~ ~111 ~ over ~900,000, Co~l~loner 5~nahan asked for clarification of th~ kefore m~n- tlo~ 40~, Dr, Polk~ki explained that 40~ of the services rendered · re ~t fu~d ~ a third party payer, commissioner 5hanahan remarked t~t l~lcally ~ feel~ t~t ~5,000 should be funded rather than ~1CO,OOO. C~lssto~r Vol~ asked ~or clarification of the funding source~ for t~ I~P pr~r~ noting t~t 1~ co~s from the overall ~dget. August 28, 1990 Dr. Polko~mkl commented that It includes State and what is collected Itel N~dlc&ld. Co..missioner Volpe questioned If there h,d been any reduction In the other 634 of the IPOP funding? Dr. Pol~owskl remarked that at the State level it has been reduced minimally. She stated that the only Increase would come from what can be collected fro~ l~.dlcatd which I, a cumbersome process, ho~ever, there is a $¢O,OOO to $50,000 projected Increase over last year. ~1~ I/2 (~lsel~s ~ ~d iol~ o~ed), t~t the C~nty ~ger ~rrlll cemented that he Is assuming that this fu~lng ~111 come fro= the difference ~t~een the 14~ and 12.7~ ~htch brin~s th~ fl~re to ~439,800. T~ e4 ~ ~unter, Sheriff of Collier County, laid that 18~ of the total lncrea~ thit the Sheriff'n dep~rt~ent Is proJectln9 1~ for fixed costs ~t~riined ~ either ~tatn or local govornment which means that tbs Shnrlff's exp~nd~d me. Ices ~ld yield a 10~ incre~ge this year ~ t~ pro~gsl ~en ~dopted ~o propo~ed, ~nd he added t~at there ~ ot~r wly to fu~d tbs Shnrlff'~ budget but through Ad ~ll~ro. S~rlff Hunter ~iflted out th&t It Is the necessity of his depart- ~flt to k~ep pace ~lth the gr~th of the County In reg&rd~ to rel~l~ to the citizens ~91nnt~ their revl~ of lnpac~ fees and other ieee thaC may be 9en~rated to fu~d th~ agency other than ad valore~ taxes. He empha- alz~ t~t eo~ sort of iundin~ must ~ found to Increase the budget ~caooe without It th~ law ~nforc~m~nt $~rvlces will suffer greatly · ~riff Hunter stated that h~ could provide th~ ~3.8 =llllon ~ts from the age~'s budQet and requested the op~rtunlty to explain ~ ~ was able to achieve this goal. In referring to tbs list of Page 36 Augus! 28, lg90 cute proi;~osad from the Sheriff's off/ce, Sheriff Hunter explained that he la r~erting to what his legal obligation of duties are as Sheriff, which ia basic law enforcement. [n specifying the cuts, Sheriff Hunter listed the rat ge master position being assigned to various range officers within the agency; plane to convert physical exams to a ~andatory fitness program requiring de,u ties to be physically fit and obligating ti.em to annual physical exau; removing f~r ~sltlons for the career-criminal pr~ram are converted to a grant since receiving the not;flcation from the State of Florida allocating funding for another year ~or this ~ram; five correctional ~rsonnel ~ere indicated as r~lred, h~er, this was an error ~cauae these ~rsonnel were a~lready hired; [911 c~rdlnator will ~ ~unded ~ros 199 as provided for ~lntenance of t~ ~ta baas; a request ~or relmburse~nt from the Board ~or the fire end as~llance dispatch, the hours the sergeant at arms are pre- sent at the commission ~etinge; the School Crossing Guard Program ~en Integrated Into the Community Service Deputy Progra~ and ~lth th~ funding ~or the five additional co--unity aervtc~ d~puti~s the Increased sch~l croe~t~ ~ard ~sitton ~tll be covered Co~iseloner Vol~ coasenti~ on the school crossing guard stated t~t on one of the original pro~sals part tiaa ~arde ~{~uld be phased ~t aM replaced with CiA full tl~. Sheriff Hunter confirmed that traffic direction certified sch~l crossing deputlem who are actually co~nlty service deputies will perform the dutlem of th~. crossing g~rds ~th in the ~rning and after.on, and during thm other hours of t~ ~y t~y will ~rform security surveys of bulldinija and ~elll~ units to help prevent burglary, respond to disabled vehicles, etc. Be added that this service will us~ existing personnel. C~{ssioner VoI~ asked If th~ School ~ard company{etas the l~riff's office for the deputies services a. crossing g~arda? {~riff Hunter Silted that at this ti-- there la no co,,pensation, ~er~ t~re la a sc~ol crosal~ g~rd fund where flni.s are coll~t~ ~ ta Clerk's office for non-criminal vlolatli,n and could 000, ?1 Page 37 Au~st 28, IggO t>e a~d for these services. Clerk of Courts Oilee report,vd that the Clerks office collects these funds and turns them over monthly to the B~ard of County Commissioners and he be[laves they are deposited to th~ general fund and are included in the estl~tes of rev, muss, and C~ty ~ager ~rrill conflr~d this to be true. Sherlf~ Hunter ~eed ~ith Co~lssloner Volpe regarding seeking rel~b~rs,~ent t~ scala aM re~rted that negotiations for relsbursen~nt ~lth the Sch~l ~ard is ~lng discussed for several different positions of service that the Sheriff*s office provide~, he.ever, results are not ~ected until next year ~caus~ their budget ts fixed aa ~herlff Hunter ~tmted to Coat.SIGner Has~e that he feels that having ~roble~s that say occur th~r~ ~hich the Sheriff's Office ~ould have to res~nd to by road patrol an~ay. He clarified for Co~missloner Volpe t~t In 19~4 tha 5ch~l Cro~elng Guard Progras began and he ~ould like to continue the pr~ras, h~er, funding la the proble~ and ad valorem se~s~ to ~ the only ~lutlon. Retuming to the list o~ cuts, Sheritf ~unter stated that his de~rt~nt ~ld no lo.er provide security. Referring to the ~tx de.ties and the t~ co--unity service deputies who ~ork In the ~rmon~l ~uld ~ replaced ~ b~ilifte and holding cellt~ and either pr~lde securlt~ or o~n the Courthouse and stated that he has dismssed this lien .lth Judge Nayee. He clarified that ~lth the ~ ~sltlons, hie agency will provide batliff~ for the (:ourthouse and ~lntaln securlt~ for the holding cells ~htch meano six .ecurity depu- ti~s ~ t~ co--unity service deputies ~lll be removed from the Courth~se aM assigned to patrol. Sheriff Hunter polnt.d out to C~iesio~r Vo1~ that ~rmlng the ~gnetometer 1~ not ,i State l~tslated ~te for the Office o[ Sherl[f and suggest.d hiring private ~rlty ~ard for this requirement. He co~ntnd t~t ~lth t~ ~et reaction asked of hlm, ~ ~lll have to ~ocus on basic ser- vices ~ch ~ ~trol me. Ices a~ ~ggested that the Co~tssloners Page 38 Augus! 2fl, 1990 ~rk with the Judge ~nd determine what level of security they wish to hav~. He explained that ~en theae 15 p~raonnel are not aseigned to ¢~rt room duty° they will b~ on patrol serving civil process or the 7,000 warrants that the agency ia behind on. He stated that 19 addi- tional p~tro! de~tJ~e were needed thi~ year, but he ask.d for onIy alx aM will use the alx ~tng re~ved from Courthous~ s.curtty for ~trol and any additional time a bailiff ~y have will b.~ used In ~ome 1~ ~nforc~nt ~sltlon. He added that the holding cells will be ~nitor~ ~ c~rtified d~puties cosplying ~lth the 33-A ~ld~lnistratlve C~ fro~ the ~part~nt of Corrections and In the event that a ~ldl~ c. ll is ~t In us~, th~n that d~ty ~111 ~ ~t back ~trol. C~ls~lon~r Volpe sgre~d ~lth consid~rlng a private ~ecurlty ~g~n~ for the C~rthou~. ~rl[f Hunter r~lnd~d th~ Co.missioners of ~t the [~d~r~l ~ars~l ~tl~lated r~gardlng security ~hich Is t~t t~ us. r~tlr~d l~ ~nforc.~nt officers ~ho ~r~ ~lr~d under contract ~s ~puty U.~. ~rsh~ls for th~ p~rlod of tls~ they s~lng. Sheriff Hunter expr~so~d concern over going tc straight prl- v~t~ s~curlty ~d ~lnt~d out th~r~ 1~ no 1~ enforce~.t capability ~ t~s* ~opl~ hav~ not ~.n properly trained In th~ rise o~ sr~s or ~rr~st t~chnlqu~s, sinl~l u~ of force, ~[c. Commissioner VoI~ r. lt.r~t~d tM[ ~ [~.ls It Is ~rth consid, ring th~ hiring prlv~t~ ~.~rlty using th~ t~ dltt.r~nc~ of ~6,000 for prlvat~ i~curlty and $280,000 for the Sheriff's department as a basis for ~.vl~. ~rl~t Hunter pro~s~d the next cut fros his budgeI Is ~ilding rents aM utilities. He referred to an Attorney General's ~lnton ~lch stat~s In Section 125.011C ~d 125.O13A of the Florida ~tatutee, 'Thio of[ice has previously eta[ed that In as much as there Je a coutltutloully sandated requtresent that there be a County Seat ~re t~ principle offices of County offices are to ~ located and ~tntal~d and a general la~ authorizing th~ County to lease property for tM Cmnty aM for th~ C~nty put.sea, but no provision for the Page 39 August 28, 1990 ~znty to lease or rent County property to County officers or to others. Th~ County Is under a duty to provide office space within the County ~at at no charge to the County officers designated In Section ID, ~rticle 8," which includes the Sheriff. He Justified through sta- tute and constitution removing approximately 91,092.100 from his pro- ~ budget which Is the amount allocated to building rent and utilities and pro~rty and c~lty Insurance on the facllltle~ at ~xlldlng J ~s ~11 as all other rental property used by the Sheriffs ~rt~nt. In afl--er to C~$sslon~r Vol~, Sheriff Hunter Informed that this a~ount ~ld fall Into the Co~lssloners' budget. Co~lsslon~r Vol~ questioned If C~nty Attorney Cuyler has had the ~rtunlt7 to review the mentioned Attorney General's opinion to which C~nty Attorney Cuyler re.rEed that he had not reviewed this in ~rtl~lar ~t in general understands thl~ to be correct and will r~ie. lt. C~nty ~ger ~rri]l stated that he la a~su~lng that all the rent for the substation~ are included In thl~ amount and that the recordation from the Sheriff's office Is that we either clos. ~Ntatlons or the ~ard budget these locations including the Sheriff's vehicle garage. Co~lseloner Sbanmhan added that the ittor~ Oe~ral's opinion d~. state that the ~ard has the obliga- tion to provide those services necessary for proper functioning, and · h~rlff Hunter quoted, "The duty to -uppiy light ~ho]ild be r~ad Into the statute ~F implication Just as It appeared la .xpreeoed terms since ~ office without light would be so useless as to be regarded aa ~ office at all. The duty to provide the office includes the duty to pr~l~ t~ light." A~tber cut S~rlff Hunter com~nted on was the mobile radio repl~e~nt. He re~r~.d th.t this a~unt is noted tn the capital i~rw~mntm pr~ram which wan discussed for approval during a Board's ~r~p on July 24, and hence the ~60,0OO can be rem~ed from the ~rlff's ~get. ~rlff ~unter re~rked t~t Increased employee health contrl~- - 74 Page 40 August 28, 1990 tlons ~ld rs~ove $60,200 froa the budget. In response to Comatlmioner Volpe, Sheriff Hunter stated that a review of the lnfor- ~ation provided resulted in a concurrence in accepting this proposed plan. Sheriff Hunter stated $20,OOO of tral~tng ~ill be cut. He con- ttn~ with re~ing the 5500,003 vehicle pay-a~-you-go principle. ~e included a ~t of 17 ~eitlons resulting in a savings of S596,800. Me listed ex~nded e~t~ent a~ a cut with a ~vtngs of B126,300 ~htch include items such aa ty~itere, terminals, binoculars, etc.; ~ed vehicle= for the alx deputies and five cos=unity service ~tiea ~ill ~ re--ed from the ~dget a~unting to 5llO,O00; the detoxilicattofl end drug treat~flt progra= in the a=ount o[ $289,000 deferred to eo~ futur~ year; the five people needed to operate the ~rk releaee pr~r.= coetiflg ~S~5,100 .leo deferred to another year; ~ilding to ~rk release a~ce for ~d apace which a~u~t~ to ~103,~O. ~herlff Hunter concluded hi~ cut~ by ~t~t [r~ the total amount r~ed from h$~ ~dqet ie ~3,~,5OO which [~ $4,4OO more than requited. · ~lff ~unter continued hie dlacueaJon by [dentii~tng approxi- ~tely ~70,OOO of the ~erd~e ~dget ~hich the Sheriff's office can ~eelbly ~lp reduce. He ~tiofled that in~at~ l~bor could be used for t~ 'Tiger Tail Beach Clean Up' annual event which could save the ~ard ~12,6OO. He re~rted that the quality Circle Training Program that t~ ~ard has funded could ~ combined ~lth the same program ~lch exists In the Sheriff's agencies, and the training resources r~lred already provided ~ the Sheriff's agencies could be shared. Ne referred to his conversation earlier regarding the Hoblle Co--nd Posts a~ lnfor~d that t~o of these vehlcles would be 0f little use to hl~ ~e~y Ina catastrophe offering to share them ~lth the Board for a ~re generic co--nd ~st utilization adding that the only cost ~uld ~ t~ installation of t~ ~ard's radio frequencies. P~q~* 4 1 August 28, 1990 Comissionar Shanahan reurked that this would renove $230,000 from the Board's budget. Regarding Jandscaplng services, Shat:fl Hunter advised that roughly $45,600 could b~ saved if Inmate and weekend labor were used along with xerJcscape compliant :o~lage that can be g~ at the I~ka]ee Jail Center ~hich has produced some~ that have ~en used to ]andsca~ around the County coep]e~. He ~J~ed t~t apptoxl~te%y $12,000 could be saved on 2ab~r ~tntJng contracts by using Jneate and ~e~kend Sheriff Hunter concluded his report by specifying ite~ts which have ~ielded a savings of $1.T elllion since he has taken offlc:e. He related t~t $96,000 has ~en saved In decertlfled posltic~ns con- verting to civilian or reducing ranks; $292,000 ~orth of ~'olunteer ~e~lce~ totaling approxi~tely 15,000 hours: $25,000 sav:ngs b7 using te~ra~/ student help tn the su~er eonths and anytime Its available instead of eeploylng full tJ~ personnel; $60,000 savings on federal ln~te contracts; $74,000 savings on horsing costs ~ith tt.e ~ekend pr~r~; 151,800 savings with t~ Investigative Cost Relml,ureement Program w~Jch in a recent State statute permitting the office to request the investigative costa attached to a criminal investigation ~ charged b~ck through the fines levied ag~tlnat a con- vJcted offender: 16,000 eavl~e ~lth funeral escort relmb~:rnement; savings with electronic training ~htch ~ providing tralnLng tapes to eabetatlonm only four hours of training are required galnLng approxi- ~te]y mt~ to eight hours sore patrolling tim. because ot the elimina- tion ot having to train all ~rsonnel at a ~ facility; $200,000 eavJ~m w~th the co~itaent from Ford Hotora ~or 20 test ~100,~0 savings tn fo~ contracts; ~6,500 savings by u~I~g used ~ur- ntture. Sheriff Hunter eephaatzed that this ts a short ]tat and that ~y ot~r things ~ve ~en ~ne to eco~eize and ~nage the resources ~tter. Co~teeJoner Hesse queetio~d h~ eany vehicles the Page 42 depart~nt h~s which are used by the del,uties? Sheriff H~nter disclosed that in total the depart~nt has 422 vehicles etd 170 of these are ~arked vehicles. He added that the unmarked vet.lcles are ussd by certified Investigators and use blue lights on th~? dash. In response to Coulssloner Hesse, Sheriff Hunter st~ted that sllo~Jl',g the deputies and investigators to take these vehicles home at night the County Is saving $100,000 per year. He explatn,~d that due to the mar and tear on a vehicle, it bt~com~n un~afe for '~se after a~r~l~tely 110,000 slle~, adding that the preference i~ to trade or d~rede the vehicle at 90,000 slles, and do--grading is done by refltti~ the vehicle and ~rha~ replacing the engine at a nominal cost of ~1,000. He stated that his agency chooses to d~grade the vehicles rather than trade them ~hich ellis the agency to reassign t~ vehicle to Investigators ~ho ~lll use the~ for anothe~ three years. Sheriff Hunter lnfor~d that by u~Jng the ~ethod .~ ~gradlng the life of the vehicles can be extended for ~lght to ten vehicle to o~ l~)dlvldual ~ccountabtltty for that v.htcle 1~ ~uch existed ~cauee theW have been t~tter ~intained. He emphasized that ~th ~rked and un~rked vehicles are available o~ly for duty use and sealed t~ ranked officers of the force and patrol de.ties. Co~lseloner Volpe coaaented that at one time there had been talk O~ ~rc~l~ the vehicles rater than lease purchasing the~ and won- ~r~ ~t t~ decision on that ~as? Sheriff Hunter stated tMt the lea~ ~rc~ pr~ras ~tll ~ continued. t~t t~re is no one time during the year where there ~oul,l be mor~ calls /ct service aM the nus~re presented In his report are actual Pi~ge 43 August 28, 1990 calla for service per ~onth. Co~lsmtoner Shanahan sum~rlzed the report presented to the Board by Sheriff Hunter commenting that the originally requested budget was $380801,400 which is a 28~ increase, but $3,818,500 is proposed to be c~t which leavem approxi~ately $34,000,000 which i~ about the fibre r~ested for the Sheriff's ~dget, however, the cuts proposed present a c~{lenge to the ~ard to ~ind the funding for 9~,146,0C,0. 9~ri~f Hunter stated t~t he can certify hie budget with this 13.8 million cut of which has ~en Justified In this re~zt, ~t he feels he car. not Justify it with any ~re dollars taken out. He married that his ~dget with the pro~sed cuts will provide for an additio~l six road patrol de. ties, five community service deputies, t~ dls~tc~rs, a~ one ~rgla~ Investigator. Co~lseloner Saunders stated that the ~ard needs to make a deci- Sion as to whet~r it accepts ~2.~ million In proposed cuts :rom the lherlff'e ~dget or ask the Sheriff to find more cuts. Comleeloner Shanahan coe~nted that If accepting the g2.T million t~ ~ard ~st find ~1.1 million that it was expecting the Sheritt's ~get to provide. Co~$ssioner ~night emphasized that she feels that the I~rlff'e ~et e~uld ~ held to the 14~ increase as all the other ~rt~nte ~ere a~ the utilities, rent, etc. should be p, art of his S~rlff Hunter scatted t~t he does not feel at this :lme he can ~ r~ired to re~ve ~llare froe hie ~dget and ~tand fi:re on the utilities, rent, etc. ~lng the ~ard's responsibility. H*~ recounted t~t ~ ~uld like to ~ork together with the Board's s:aff to find the C~issloner 5hansOn explained that :he ~ard wants to provide ~ate ~uMe to the 3heriff'e o[flce In order for that office to o~rate, function, aM serve the public efticl~ntly and properly, ~r, t~ t~ught was that an addition1 ~4 million wou.ld suffice ~ ~rha~ t~ Cowry cannot a~ford all th~ se~ices It provides, and P~,ge 44 Au~st 28, lggo th~ ih~riff'e d~I)artmant and the Board'e ataff n~eds to w~rk together to find the $1o1 million. · heriff Bunter pointed out theft ht~ department ham mh~ good f~ith t~ard ~rklnO together ~ already tdentlIvinO some dollarm ~t~h t~ ~ard c~ mav~, ~t feel~ the Implication has bmen oiven to t~ ~b]lc that the 9herllf'~ o~l~e lm not e~lctent. ~tm~loner 9~na~n a{~red 9herlff Hunter that him o~flce ~fflcl~t, ~t the C~nty can only ~rovlde for servi~em that fundm C~lmsloner Hamme aaked If there 1~ a motion for a 14~ cap lncreame for 3herlff Hunt~r'~ budoet7 C~iamlon~r 9hanahan aaked Sheriff Hunter if he ia ~illlno to ~r~ with $4 million ~r~ for 1990-~I than he had In 199C? Sheriff ~ter avid that he ama not mute that $4 million funded the m~nd~ted c~ta t~t ~v~ ~n handed him. Ha explained that ~4 million {1.{ million abort of fundino the coatm of him operation at preaent. ~o~laaloner 9ha~n ~gg~mted to Sheriff Hunter that he work i~rd a goal of }~ million a~ w~t 1~ needed In exceaa of thia will ~ ~lv~ with dlacummlonm ~t~an the ~ard'm ataff and the ~rtMnt, a~ B~rlff ~untar com~ntad that they would work Co~lmmionar $aundera agreed with Co. tmmionmr 8hanahan'm concept ~d t~d t~t ha fm~ia that law mnforca~nt ia very important and ~ ~t wlmh to ~t thm 9herlff In apo. ltion where he 1{ forced to r~duca th~ quallt~ of law ~laaio~r Haaae a~r~ed with Co~i.aloner Shanahan'9 concept and affl~ t~t h~ mup~rta capping at 14~ but underatanda that ~rlff Hunter rea~nd~d to ra~rka from County Manaoer Dorrlll mtati~ tht him ataff will ~ available to comml~ the 8h~riff'a ~a~t~nt to a pro~aal ~da a~ the flrmt ~bllc H~rln~ acheduled for ~te~r 12. a~ thlm t1~ eee Augus': 28, ]ggo County Attorney Cuyler stated the net coat to genera[ revenues over his IgSg-lggo budget Is 4.3~, which is under $38,000. In other ~¢ords, he said, the total Increase in taxes attributable to his budget &re $38,000 over what they were last year. He suggested if money ~eede to be. taken from outside counsel, the reduction sh.~ld be limited to $10-15,000. Zn response to Co.ntssioner Xaase, Co~nty Attorney Cuyier indi- cated $120,OOO has b~en committed to outsid~ legal couns~l since 1982 or before, therefore, this budget has not increased taxers. Come,missioner Haise commented the County Attorney ha~ tripled his legal staff since then and asked if that ~hould count for' something? County Attorney Cuyler replied that outside counsel tas the exper- tise for litigation c~pn and cannot be compared to In-house counsel. Cosaissioner Volpe re~rked that the Board is p~rlodically asked to obtain outside legal counsel, over and above th~ $120,0OO, for spe- cific projects ~hen th~ County Attorney f~els he do~s not have th~ exl>ertise in-house. He indicated If the budget for outside legal fees In reduced, the County Attorney ~[11 still have th~ opportunity to ask tbs ~oard for · particular request. C~nt~ Attorne~ Cuyler agreed to e reduction feeo, ~t continued to reco~end the n~unt be 810-15,000 rather than ~?0,OOO. He stated the problea Is sections of his budget are being [~eed on, rather than looking at ~hat h~ has done to try to keep the ~et ~s a ~hole at a reasonable ~unt. He said the Board dis~ssi~ a cut of t~lce ~hat his dra~ Is on the general revenues. He added agenc~ ~nagera and Constitutional Officers have been told to keep t~lr ~dgets within a certain percentage and have been told that t~y are t~ ~st ~ople to deteratne ~here the dollars should go. He ~id ~ has gotten d~ to that percentage and no~, specific line its, In hie b.idget are additionally being loo~e~l Comlsslo~r Vol~ co~nted the County Hana~er needs Board appro- val for ex~ndltures of ~re than ~6,OOO. He asked If the County ittor~ Is required to do the sane? Augul~t 28, 1990 C<~unty Attorney Cu¥1er replied that it depend~ on tLe project, for tnatanca he does not co.~e back for ongoing coste which are under a contract, but all contracte are approved by the Board. C~nty ~ger ~rrill counted this year's Pelican Bay Z~r~e~nt District ~dget as it has ~en proposed is Easically iden- tical to ~aat year's ~dget. ~l~ Vol~ md, ~~ ~ ~Jseloner S~ ~d ~i~ silly, to ~c~t t~ t~tative ~ter a s~r ~et f~ ~llm ~ l~t District aa We~ted. It. ~ ~~ ~lO~ ~AL ~ ~ATINQ A ~ING ~INXN3 FACILIW IN Assistant County H~nager HcLe~re a~ked the Board for preliminary a~rw~al of the pro~sal ae subaltted ~ ~he Baltimore Orlol.s and for staff authority to n~gotJate contracts that ~lll lapl~aent this pro- Ject a~ ~rfora the necessary planning process related to it. He ~td Staff =ill not bring back a contract to begin these processes unless there Is a successful referendue on Septe=ber 4th. He Indi- cated the ~dget Is $1~,635,000 and can ~ financed froe a capacity ~int of vl~ relative to the projected r~venue~ of the one cent sta- ~en ~hat the County ~lll r~ot stand In ~ default position on this pro- ~ct. He said there Is a need for County Start to gather revenue forecasts ~cause there Is no historical data available, there[ore, he ~ed for the aut~rity to enter into a contract ~lth Dr. David ~lllta for t~t ~r~se. He added ther~ do not appear to be any co~rren~ i~.ue, related to this project, the infrastructure ~lll be pr~l~d a~ in place as construction is realized and the project la consistent ~ith t~ activity center concept of the Growth Hanage~ent Pl~. He said t~re are, h~ever, land use Issues that seed to be Psge 4 ? August 28, 1990 addressed: a Cospreheneive Plan ~mendment will be needed because the project Is In excess of 54 acres In the proposed commercial node; and rezonlng will be required due to a change In the mixed uses tn this plan aa co~pared to the Developments of Regional Impact (DRI's) currently approved. He reported that, through meetings ~lth the R~glonal Planning Council, it has been concluded that because of the time lines Involved for this project to proceed, It woult be &dvan- tageous for the County to ~ake Joint application ~lth th~ Baltimore Orioles and the developer for the DRI amendments. H~ coem~nted ther~ do ~t a~r to ~ any ~nviron~ntal Issues that are no~ completely ~geable in this pro~ect. He said the County ~111 ~ entering into a ~a~anteed l~aee that ~J]l run at least the period of :he debt Indenture. Ne ~aid County Staff and r~presentatives of ~he Baltimore Orioles ~ve ~t ~ith n~lgh~re end h~ve co~mltted to al~ernatlve pl~e or con~igur~tion~ o~ th~ ma~ter plan to addrese th~lr concerns. In conclusion, he asked the Board et County Commisslonerl; for ~lve basic authorities: 1) preliminary approval of this project, subject to ~cceesful contract negotiations; 2} ~iver of the competitive bid process, all~ing a contract glrectly ~[th Dr. Nllllame to complete t~ r~enue forecast; 3) assisting the developer In expediting the rezonlng a~ DRI process; 4} ~oJnt application ~tth the d~veloper In this proJectI and b) preparation of the ~r~th Nanage~ent Plan aaend- ~nts t~t ~ill b~ required by this project. In en~er to Co~te~loner Hesse, Mr. McLe~or~ reapond,.d that this Co~alsslo~r Saunders indicated the l~pltcation fro= reading the e~tlve aunty la t~t ~1.135 million In park Impact f~es ~lll be ~d to fund the ~tadiu=. Comlsslo~r Sau~rs asked for clarification, that the ~1,135 Illlla in p~rk impact fees ~111 ~ only for the ~rtion of the August 28, 1990 Init&structure that will sarvs ss & regions! park, to whb:h Mr. Co~a~tsstoner VOile- coe~nted that aruch time and effor~ has been ~~d on thl~ project, ~hlch i~ based on the assumption that the pro~sed t~rist tax will ~ passed. He said he i~ conce;'ned with the C~nt~ ~ger ~rrlll a~r~ed that the County ~y be .ubJect to lo~d. Mr. ~re ~lnted ~t that ~ble dat~ of Au~st 28th has been ~et for approKl~tely t~ ~flth~ to discuss this l~ue In order to air it ~b]lc]y prior to a vote on the pro~ed tax. Commissioner Volpe stated the Board J~ being asked no: only for prelJsin.a~/ approval of this proposal, ~t to take specific action t~ay, I.e., waiving cos~titlve bids and authorizing con:facts, and ~ has rese~atlons about dolnQ that, He said his understanding of th~ ~r~e of this ~etln9 wa~ to lnfor~ th~ ~lectorat~ )f what prisa1 ts so th~ can vote Intelligently on the lssu~ aid was not Ngin i~le~ntatlon. Cosmlsmtoner Saunderl ~Iuestloned if the proposed tax )ammes but contract Is brought back that is found to be unacceptable, will the ~ard l~ve tho ability to re}act the contract and begin tae com- ~[ttive bid process, to ~hich County Attorney Cuyler replied In the C~i~to~r Vol~ aeEed It all these contractual obligations ~ c~ti~ent u~n the ~ard succeeding tn the challenge that has been l~eled against th~ place~nt of this particular ires on ~he referen- C~nty Attorney Cuyler replied they ~ould ha~e to be, In the sense t~t t~ ~ Is t~ Identified source of revenue. Co~lsslo~r Vol~ asked ~hen tha~ lsau~ ~111 b~ C~nty Attorney Cuyler stated the Court has indicated l~ will Page 49 28, 19g0 Col~lssioner Vol pe com~nted there are two issues: 1~ a success- ful referendun and 2) a legal challenge. C~lmsloner Saunder~ re~rked there Is also a bond l~sue asso- ciated ~lth this project and the legal cRalleng~ may affe,:t a success- ful ~rketlng process. He s~td everyone ts aware that If there is a mucce~ful challenge, the County ha~ failed, ~t that c~nnot be dealt ~i~h mt this ~lnt tn time. Oa~ Carl~on s~ke on ~h~lf of Shelter Co.potation oJ America (SCA), the B~ltl~re Orioles ~nd USF&G Realty South, tha~clng the ~rd of County Commissioners for the op~rtunJty to beco:~e involved with Collier County'~ regional p~rk and ~port~ complex. '{e com- ~nlc~ted a brief history of th~ negotiations to d~t~. H,~ concluded t~t ~A 1~ very pleased to ~co~ associated with the Baltimore Orioles ~cmu~e of t~lr sen~ of commlt~nt to the ccmmualty and their ded$catlon to ~com$~ the kind of neighbor that re~lde~t~ of Collier County h~vs come to enjoy. ~r~ Lucchlno, President of th~ ~l~lmore Orlol~, r~marked there mrs three ~lntm h~ ~ould 11k~ to emphasize: 1) th~ Orlol~ are proud een~e of optl~l~ and pride about th~ quality o~ the ~aclll~y that 1~ pro~d: and 3) ihs l~vel of courtesy, hompltallty and profession~- ]ism ~n~trated ~ County Staff ha~ b~n exceptional. ~e concluded ~y ~Jor leslie baseball te~m would be proud and fortunate to have a sprl~ tr~lnlng facility In Collier County and the Orlole~ are eager J~t ~rie Smith, Vice president of Stadium Planning and ~el~nt for the ~lti~re Oriolei, expressed the coasitsent on the part of the Orioles to the design and quality of the proposed facility. S~ re.fred HO~ 5~rt, ~hich ts a well-known and respected ~m [aclll~lem damlgn group, has be.n hired and t.amed with Hoi~, ~em · ~cla~ea mo ~ha~ the ~prlng ~raining ~acllity might ~ake on Page 50 Auflust 28, 1990 th~ erchitectur&l and landscape quality that Is so lmportlnt to this Brian Mebber, Executive Vice President of SCA, explal;~ed his role as project ~anager of the development portion of the proJ.~ct. Bob D~ane with Hole, P~ntee & Associates referred to :he develop- I~nt site, which Is located at the intersection of 1-75 amd Immokalee Road sr~l comprises 445 ~cres. He s~id this slt~ has the best access In Collier County for · f~ciltty of this type. He lndtca"ed there are meversl co~nents to the plsn~ 84 ~cres of commercial m:;xed-use d~elop~nt ~long th~ I~k~les Road frontage; 60 acres flor the County ~rk, which presently includes 6 soccer fields, 4 baseball diamonds ~ mis;slimness facilities such ~ tennis; ~re than I0(~ acres for t~ s~rts f~cilit~ Itself; 200 acre~ for a golf course; and open s~ce sre~ which Is planned to ~ available to the public. He ~dvlsed this project has lea{ i~p~ct on water/~r and th~ potential to reduce Impacts on road~ay~ compared to the previously approved zoning ~ich included 1,300 d~lling units. Coat.signer Vol~ ~sk~d If this project 1~ within th~ special ~smess~nt district for I,$vingston Road? Mr. ~ne ~n~wered in the affirmative, stating they are ~ss~s~ed for t~ $mpr~r~t of ~n {cqulsition of rloht-of-w~y for Livingston Hr. ~ane r~rted efforts were ~de to give tho park as much l~tlty as ~s~tble, usl~ the ~etlaMs to separate the park from the ~rking area and the ~re lntennlve playfteld areas in the sports complex. }l~ added the stadium ~as initially proposed to be adjacent to Llvt~lton Road to narrate the more public use of the stadium iron t~ ~re privat~ playfield areas. He said hearing the con:ernq of ~lgh~rs, h~ver, alternatives for locating the stadium are being c~ll~red. C~lllio~r S~han questioned ~hat the schedule la [or comple- tion o~ the gol~ course and the County park9 Nr. ~ replied the County park and the baseball st~llua ~ill be August 28, i990 , in the first phase which hopefully, will be completed in ';991. m~ld the golf course will be in the second phase of devel~pment. Com~issioner Voip~ asked If the proposed uses are accf~pted uses within the currently approved DEl's? Mr. Duane Indicated this proposal will extend commercial zoning along Immokalee Road and, excluding commercial recreation, will be consistent with uses presently approved. Nr. Duane continued, stating there are no envlronsent,~l issues anticipated to be of concern, He said they do, however, need help fros the Ccmnty on permittlJg issues. He advised the DRI will either have to be substantially a~ended or they ~ay have to rely on the DRI process m~entioned earlier by Mr, McLemore. He sald a third alter- r~ttve ~eould be to pursue a develop~nt agreement with th.~ County and the Depmrtm~ent of Cosmunity Affairs {DCA} that may allow :he sports ¢o~plsx and the regional park to proceed while still In the process of having the DEl reviewed. He added that would be presusln01 that USF&G Realty South ~ould be comfortable with the Cour~ty's partl:lpation in the &s~endm~ent of the ~ros~th Management Plan tn r~leane th,~se incre- ments of develo~nt. Stuart Smith with HOK Sport in Kansas City, indicated two objec- tives to this project he considers pertinent are the lnte,/ration of the training facility into the landscape and the integration of the stadium Into the architecture of Collier County. He stat.~d the b~ildlng will be Integrated into the wetlands by the uae of land.cape elmnts, i.e., groups of trees, water features and torsi gardens. ~ ~ed they are planning to ~aitlon the stadium in such a aanner t~t the wetlands ~co~ a backdrop. He stated m~terials planned for t~ ~ildi~ are ~ttve to the County and will integrate :he complex into t~ ~ty's architecture. Commimsioner Saunders commented there are two ftnanci,~l aspects he w~ts clarified: 1) uMer no circusstances will the rest.tents of Coil[er County through ad valores taxes or through other :ypes of fees ~ ~e~o~tble for o~ratlng and ~lntatnlng the facility for the life ~aU~ 62 Au~st 28, 1990 of the facility; and 2) there will be no potential exposure to Collier Co~inty government for debt service in the event tourist t,~xes fall b~lom anticipated collection rates. Mr. Carlson indicated the Baltimore Orioles are fully capable of pricing a tumkey facility for the County. He explained the County will ~ar no const~ctlon risk during financing. He adde,I County fl~ncl~ d~s not ~gin until the facility is completed and readily ~llverable to the County. ~ts~toner Vol~ reiterated that he is uncomfortabl,~ in doing anything other than accepting the preliminary pro~al. He suggested a ~rkshop ~ scheduled to work out parameters. Co~lsaloner 9hanahan Indicated thl~ 1~ ~imply a negotiating pro- cees and d~a not bear an~ cost to the County. He said there 1~ no gain In waiting two weekm and tl~ may ~ extremely valuable 1~ the t~rist t~x ~.ses. C~issloner maunders suggested approving the ftv~ lt,~ms as repre- sented ~ ~r. ~cLe~re with the proviso that nothing la t~ occur on any of these items until after the tourist tax 19~ue ts r,.solved. Coulsstoner Volpe amked if there ts any ~up{)ort for ,~ brief workshop to address the land use issues? Hr. HcL~more advised St&fl will not begin Implementation on any part of this propomal ut~til after the referendum. He said in the ~antis~e, Staff needs ti~ to do exploration in order to come back to t~ ~oard for a workmh~p on the {tai~ ~re u~, ,co~ ~ Coal~elo~r ~t of I ~sful referS, t~ propel n~ltted IE t~ ~ttmm ~iol~; t~t Staff ~ dlricttd to ~gin ~gottittl~s ~ith t~ klt~e ~iolal t~t c~titlvt bi~ ~ ~tvld ~t~l~ to ~otlate ~ c~trKt Nlth ~. David Staff bri~ ~k, eit~r at a ~rd ~mtt~ or a ~rkm~p dlmlm of tM O~h ~~t im~mm ~ C~rm~.tvm ~tl ~t ~ill ~ ~~ for this pro~t u Mt~tt~ ~ t~t ~tll ~ ~oi~ mftmr S~tm~r 4th. August 28, 1990 Item ~rlO& Asstetant C~nty Attorn~ Welge[ explained he ts a me~ber of the ~lectt~ co~tttee that baa ~en ~nvo]ved in reviewing the proposals recetved, u~n ~ request sent out ~ the County regarding the Gr~ter Protection Ordinance and protect ton of the potable wate~ rea~nle, after conatderab]e ~blication, eollcltatlon and adver- tight, was by o~e firs, de la Parts & Oll~rt, P.A. from Tempe. He ~ld Staff ~s dls~ss~d in ~tall, ~le~nts of their proFosal and the heads of the C~nty. H~ retried the County Attorney's O~flce Is OllMrt, P.A. He added the fra~ork of the negotiations will be bae~d u~n pr~iou~ direction of the ~ard, which referenced a cap of ~50,000. Co~llllo~r 5~han liked If this la such a s~clallzed field t~t t~re are a limited numar of fir~ able to address this Issue? Nr. N~lgel res~nded that It Is a specialized field, adding that · t~ff ~s taken gr~t pains to edvertls~ In th~ environm~r.tal trade ~rs, the Florld~ B~r Journal and ~Jor cities throughot, t the In an~er to Comslseion~r Volp~, County Attorney Cuyl,.r replied t~ question of ~hich dep~rt~nt ~111 absorb the 550,000 is unre- ~lved, ~t he ts ~illlng to pay a portion. ~ c~rig ~l~ly, to satirize Staff to negotiate t~ c~tract vl~ ~ ~ ~ i Otlhrt, ~,A. tot c~ltt~ ~tc~ for tb ~~ ~lnX~ I m ~~l ~ ZONING lZ~OhTI~ ~ Co~immlo~r Saundere re~rted the representative ot ~he builders ~ c~trmctorm is ~ longer present due to a prior co~t~ment and Page 54 August 28, 1990 meked the Board to continue this for t.o weeks. County Attorney Cuyler remarked that he normally .oul,l not hesi- tate to agree to a continuance, tmt the fee needs to be e.3tabltshed ,/ to allo~ developers to subalt their applications. He sat,! his office ia planning to b~ back ~fore the ~ard tn two weeks to hire hearing officers for thl~ the fee schedule ~hlch ~eea~ to ~ ~tte high. C~nty Attorney Cuyler replied if this ios~e is continued, he will provide the ~ard ~lth additional lnfor~tlon. ~ai~ ~rm ~, ~c~ ~ Calmei~r ~lght ~ ~i~ ~t~sly, to catt=~ this Its ~ttl 9/11/90. C~nity ~elop~nt Services Adslnlstrator Bruit asked if an a~licatlon cen ~ accepted ~tthout a fee and then bill lot the fee after the ~clsion Is ~e? C~nty Attomey Cuyler res~nded the eppllcatlon fee should be place ~fors any appllcationl ars accegted. gr~th Planni~ Director Blanc~rd indicated they ar~ not acc~tl~ any a~licatlon~ ~cause the fe~ Is a part of ~he applica- tion. He said it la Staff's operating procedur~ not to ~ccept lnc~plete applications. X~ ~11&1 & 11A2 Cmlsst~r ~lght ~ed, ~co~d ~ Co~lssl~r ~ ca~te~ ~i~ly, t~t ~et ~ts 90-294; ~O-296/299~ ~1; ~30&/306; 90-30e1 90-310/314 ~ 90-316 Xt~e11~ Ceeal#looer Geodnlght coved, seconged IA' Coaalselor~tr Shanahan ~od carl'%~ ~a~lmon~ly, that ~et ~t Resoluti~,~ 90-31 be 12 OCO, ., 80 Page 55 August 28, 1990 Coa~lesloner Hasse asked ~or consideration of e~tabllshment of an architectural and site revie~ board. He indicated there are many pro- posals ~hich ~ay need architectural revl~ to become comiatlble with th~ surrounding area. He recoma~nded Staff be instructed to look into different areas that might have an architectural review [oard and bring additional lnforution back to the Board. County l~nager Dorrlll remarked his staff can develo$ Information &a to what other cos~vnitlea are doing in this regard. lin SiS& A~.~:X~OII C~ ~ YOR R~AIR A~D MAI~ O~ CIqZMZ Z. IkB Deputy Byron To~llnson reported this As a request for g2.600 for th~ next t~o ~onths for u lntenance on th~ drug lab located on Marco Island. Ceaaleeloaer ~ moved, #co. ted b/ Coaalaatoner ~tnlght ~ ¢ai-rieduaaalmly to approve a Ix~lgat aaen4aent to ~pport the laJateaa~ce of the iutosa~pler eq~ipaant. /age August 28, 1990 Commty ha&get Dorrlll advised the Board of a correction on the cona~t ~enda regarding Item ,14A3, He said a public hearing has ~en r~ested to determino a substantial deviation for t~e Vineyards. B~ stated the ~titloner had r~que~ted that thl~ be heard on 9/11/90 and ~o ~~tly notified Staff that he would prefer the hearing to ~ on 10/9/90. He l~lcated this will n~ ~ on a regular Board Metl~ ~y as op~eed to a e~clal hearing day. ~ ~ ca, led ~t~ly, t~t the foll~tng ite~ ~ t~ ~t ~ ~ a~r~ed and/or adopted, including ~, ~ ~ ~ l~ ~R ~ FINAL ~T OF "LELY 1. Accept the Irrevocable Letter of Credit an security for m~in- te~nce of the lnfraet~cture until the Board of County Co~ieelonere grants final acceptance of all tape,asante. 2. Authorize the Chatt~n to execute the Resolution authorizing prel lml~ry ~ceptince. 3. Pre]lm{~ acceptance of improvements will not '~come tive until water I~ ~et ficl]ltJea have been :onveyed to Collier C~nty ~4ter-W~r District. See P,g- FIIAL rbAT Or 'IMAA~Fi' MOODS GOLF AJID CO~ ~ AT ~~ P~, I. ~cept t~ Construction, ~lnte~nce and Escr~ Agreement am ~rity to ~rantee completion of the subdivision l~r~eMnts. 2. Aut~rize t~ recor/l~ of the Final Plat of "Znbassy Moods ~lf aM C~ntry Club at Bretons Park, P~oe Two'. BI 3C0,,:, 93=,.0. - August 28, 1990 3. Authorize the Cheit~aan to execute the Construction, l~intenance end lq. scro~ Agreement. 4. ~at ~o Certl[icates of Occupanc? ~ 9ranted until th~ r~ired tsprovement~ have rec~l,~ed preliminary acceptance. ~ ~ (11~) ~ ~ S~I~ C~T C~ I~ C~l~C~ Xt~ ~4B1 X~ ~~ ~ ~ ~l~ ~ ~ BID ~9~1554 ~ AU~~OW ~ ~ BID ~7-11~7 ~ ~I~TI~ ~ FIMAL PA~ T} B~ BID ~ 1097 ~ ~~ ~~ XI ~ ~ 0Y 8176,77S.00 ~ ~ BID lt~ ~14~ l~ ~1411 Xt~ ~4~ X~ ~ LZ~ Z~ ~&~ ~~ to 0/~/~ Ztm ~ ~CO~''~ 94 Pag~ ~8 Auguet 28, ~9~0 0CHOFE~ FIKE CONTROL DISTRICT RHSERVES FOR FIRZ COFrm)L DISTriCT FgaSOWM. SEW~XCgS FOR $17,800,00 ~I'AFF TO N~OT/AT~ ~ OF A PORTION OF AN EXISTING DRAIXAG~ CANAL FLORID& DE. PARTI, IZX~ 0r XA~ ~~ Xtem e1431 Dat,~ 15:3 8/14/90 154 8/21/90 8/6/90 8/8/g0 225 226 Zt~B4r14J2 000,,:: 95 August 28, 1990 The follca~lng miscellaneous correspondence was filed and/or referred to the various departments as listed below: Kemo to W. Nmi1Dorrlll dated 8/10/90, from Carmen Fatica, Director of Internal Auditing, Clerk of the Circuit Court, re Paler CabieVision Franchise Fee Revl,r,~. xc: Flied. Letter dated 8/8/90 to Chairman Masse from Tom L~wts, Member of Congress, re the 1990 Census. Copy to Tom Mc)aniel and Report of Independent Accountants dated 8/6/90, to the BCC fro~ Coopers & Lybrand. xc: Flied. Notice of Funding Availability from the Departme;'lt of Community Affairs dated 8/17/90. Copy to Nell 5)trill, Frank Bruit, a~ filed. Copy to Chair~n Hesse of letter dated 8/17/90 to William Levsrty from Robert Pennock, Chief, Bureau of Lo,:al Planning, Department of Community Affairs, stating informs'lion sub- mitted re proposed amendment to the Collier Coun=y Comprehensive Plan is incomplete. Copy to Nell l)orrlll, Frank Bruit, Bill Lorenz, and flied. l~tter dated 8/9/90 to Chairman Has~,~ from Greuo~y L. Col,~r, Department of Health and R.habllltatlv. S.rvlce9 re the Co~I to Nell Dorrlll, Dr. Polko~kl, and flied. Copy to BCC of latter dated 8/10/90 ~o Mr. Moore of Coastal Englneerinla Consultants, Inc. from Tony D. McNea~, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources~ Notice to Proceed Withheld, Permit e: CO-259, Permlttee Na~ Lely Estates, Inc. Coi~' to Nell E~orrtll, Frank Brutt, Bill Lorenz, and flied. L~tter dated 8/13/90 to BCC from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Reuulation, De$.artment of Natural Resources: Request for Public Comment, File I: CO-262 ATF, Applicant: Beach Garden "H" Association, Inc. Coy to Nell Dorrill, Bill Lorenz, Frank Bruit, ard flied. Copy to BCC of letter dated 8/14/90 to Hr. William W. Young r~ Approval of Time Extension, Permit File #: CC-l??, Per- aittee Naars: William W. Young, from Kirby Green, Director, Division of Beaches & Shores, DNR. Copy to Nell Oorrill, Frank Bruit, Bill Lorenz, and flied. I0. Copy to ~CC of letter dated 8/13/90 to Coastal Engineering Consultants, Inc. from Tony D. MeNs&l, Engineer, Bureau of Coastal Engineering and Regulations, Department of Natural Ras~rcee: Notice to Proceed Withheld, Permit e: C0-225, Perm lites Nas~e: [.ely Estates, Inc. Copy to Nell Dorrlll, Frank Bruit, Bill Lorenz, and filed. 11. ~emo dated 8/13/90 to Interested parties from Office of I~arlne Programs and Planning, Department of Natural Resources re Proposed iuba~erged Lands Nanagement Rule Amendments relating to Coastal Islands. Copy to Nail Dorrlll, Frank Bruit, Bill Lorenz, and filed. ffi OEO,,,., 96 P~ge 60 12. 13. August 28, 1990 14. 15. 16. IT. 18. 19. 20. 21. 22. 23. Permit 102518CO (Vanderbtlt Belch), Location: R'~3, for Frank Detschaschell from DI~R. Copy to Nell Dorrtll, Frank Bruit, Bill Lorenz, and flied. Permit mO2536CO {Contessa Condo], Location - 4005 R32 for Joan M. G(x)ding from DNRo Copy to Nell Dorrlll, Frank Bruit, Bill Lorenz, and flied. Copy to BCC of letter dated 8/15/90 to Sam Colding, Property Appraiser, from Darrell W. Smith, Administrator, Planning and Budgeting, Department of Revenue, with changes m0~de to his I~90-91 budget request. Copy to BCe, Budget, 3ohs Yonkosk¥, and filed, Letter dated 8/13/90 to Clerk of the Court from Rhonda K. Archer, Accountant, District Financial Corporation, enclosing copy of the Port of the Islands Community lmprov.tment District's Annual Financial Report and Audited Financial Statements for the Fiscal Year ended fi~.ptember 30, 1989. xc: Flied. Letter dated 8/13/90 to Clerk of the Court from Rhonda K. Archer, Accountant. District Financial Corporation, enclosing coF/ of he Port of the Islands Community Improvement District's Proposed Water and Sewer Budget, risc.al Year 1990-91, XC: Filed. Case 190-033-DR1, Division of Administrative Hea?lngs: Develop~ent Order a90-3 Issued by the BCC for th,? Ha]mtatt/Orey Oaks Developm~..nt of Regional Impact. Motion to Intervene by the Southwest Florida Regional Planning Council. Copy to Nell Dorrlll, Frank Bruit, and filed. Letter dated 8/13/90 from guy L. Carlton. Tax Collector, to Chairman Masse with a coF! of the T.x Collector's recapi- tulation of the 1989 ~ax Roll for Collier County. Flied. [,~tter dated a/lb/90 froa Guy [,. Carlton, Tax Collector, to Chairman Hesse with a report to the BCC showing the discounts, errors, double assessments and lnsolv,ncles for which credit is to b~ given Including in every c,se except discounts, the names of the p&rllen on who~e acc¢,unt the cre- dit Case eAPP-90-O33, [.and and Nat.r Adjudicatory Commission: Answer and Affirmative Defenses for Halmtatt/Orey Oaks. xc: Nell Dorrlll, Ken Cu¥ler, Frank Bruit, and filed Cory to Sue Filson of letter dated 8/14/90 to Judy Flannigan trom the I~tropolltan Planning Organization requ**sting a Notice of Public Hearing of the MPg. xc: Filed. Minutes received and filed: I~rco Island B~autificatlon Advisory Coamittee minutes of a/T/go. Parks and Pecreation Advisory Board agenda itnd action list for 8/22/90 and minutes of 6/27/90. South Florida Water Management District, BI!! Cypress Basin Board agenda for 8/24/90. J~er~ded Wotice to Owner dated 8/9/90, to the BCC and USF&O from ~lorida HI-Lift Corporation for aerial lift equipment, for th~ Health Services Building, Job #2182-000-305, under an ~ ~COplC.~ ~7 Page 61 August: 28, 1990 order given by Mid West Glass & Aluminus. Copy to Nell Dorrlll, John Yonkosky, Steve Carnell, and flied. 24. Notice to Owner dated 8/16/90, to the BCC and D. N. Higgins, Inc. from Perez-Nar, Inc. for asphalt driveway Ibase and paving) for Collier County South Service Area, H. W. Transmissions Facilities (Water Pump Stations 3.06 & 3.09), under an order given by D. L. Higglns, Inc. Copy to Nell Dorrlll, John Yonkosky, Steve Carnell, and filed. 25. Notice to Owner dated 8/15/90, to the BCC from Walter B. Finley, Pave-Hark Corporation, for Collier County Annual Contract, for materials and supplies by Duralast, Inc. Copy to Nell Dorrlll, John Yonkosky, Steve Carnell, ~,nd filed. 26. Public Service Commission Notice of Hearing to United Telephone Company of Florida and All Other Interested Persons. Docket #891239-TL. Issued 8/8/90. x¢': Filed. 2?. Public Service Cosslsslon Notice of Service Hearing to ~outhern States Utilities, Inc., the Office of Public Counsel aM All Other Interested Persons. Docket ~9OO319-WS, application for a rate Increase. Issued 8/13/9C. xc: Flied. Zt~m ~14L1 momm~ to 101 There b~lng no further business for the Oood of the County, the m~etJng was adJournid ~/ Order of the Chair - Tls~: 5:0C P.N. BOAND OF COUNTY CCMIHISSlONERS/ BOARD OF ZONINO AFPEAL$/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL is preeent~ '~'"'/ or as corrected .