Loading...
BCC Minutes 10/02/1990 R Naples, 71orida, October 2, 1990 LET IT BE REMEMBERED, that the Board of County Commissioners in ~ and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and hav~n~) conducted bus~ness herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naplps, Florida, with the g members present: CHAIRMAN: Max A. Hasse, VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Burr L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Annette GuevJn and E]lie Hoffman, Deputy Clerks; NeJl Dorrlll, County Manager~ Ron McLemore, Assistant County Manager; Tom Oll~ff, Assistant to the County Manager; 3ennlfer Pike, Assistant to ~he County Manager; Ken Cuyler, County Attorney; Brenda Wilson and Dennis Cronin, Assistant County Attorneys; Mike Arnold, UtllltJes Administrator; Wllliam Lorenz, Environmental Services Adminlstrator; Robert Fahey, Solfd Waste D~rector; David Ru~gse], Solid Waste Department Supervisor; Kevin O'Donneli, Publlc Services Administrator George Archibald, Transportation Servlces Administrator; Frank Brutt, Community Development Services Administrator; Tom Conrecode, Director Office of Capital Projects Management; Sandra Taylor, Director, ~eal Property Management; Sue Filson, Administrative Assistant to the Board; and Deputy Byron Tom]~nson, Sheriff'~ Off~ce. Page ! October 2, 1990 X~ml'~3 AGENDA AND CONSENT AGENDA APPROVED WITH CHANGES Commissioner Shanahan moved, seconded by Commiss~oner Goodnight and carried unanimously, that the agenda and consent agenda be &~z~ved w~th the following changes: 1. Item #12D - DJscussion of November 6, 1990, Board of County Comm~ssfoners Meeting - Added. (Requested by Staff.) 2. Item #12E - Discussion regarding mosquito spraying on Acre Maker Road Added (Requested by - · .,ta.~.) 3. Item #6C1 Petition SM?-90-17, requesting Subdivision Master Plan approval for Airport Road Joint Venture - Continued to 10/16/90. (Requested by the Petitioner and Staff.) 4. Item #12C - Discussion regarding the creation of a County Energy Commission - Continued. 5. Item #9C1 Recommendation to accept the Annual Report of the Collier County Forester - Requested to be heard at 10:0o A.M. Item #4 MINT]T~S OF SPECIAL MEETING OF ?/9/90 AND REGULAR MEETING OF ?/24/90 - APPROVED AS PRESENTED Co~am~ssioner Shanahan moved, seconded by Commiss~oner Goodnight and carried unanimously, to approve the Minutes of the Special Meeting of 7/9/90 and the Regular Meeting of 7/24/90. WIIJ~IAM HOOVER RECOGNIZED AS EMPLOYEE OF THE MONTH FOR OCTO3ER, 1990 Commissioner Hasse stated he is pleased to an',ounce the selection of W~ll~am Hoover as Employee of the Month f( ,' October, ~990. He thanked h~m on behalf of the Board for his valuable contrib'ltions to Collier County through his work In Community Development Services, presented him with an Exceptional Performance Plaque and a $50 cash award. ~ SERVICE AWARD - PRESENTED Commissioner Hasse thanked George A. DahJr of Complianc~ Services for his five years of s~rvJce to the County. Mr. Dahtr was not pre- se~t to accept h]~ Employee Service Award. PROf/LAMATION DESIGNATING OCTOBER, 1990, AS DOMESTIC VIOLENCE AWARENESS M0~ra AND OCTOBER 24, 1990, AS A CANDLELIGHT VIGIL - ADOPTED October 2, 1990 Upon reading and presenting the proclamation to Llnda Winston, Co~imsioner Saunders moved, seconded by Commissioner Goodntght and cmx-rted unantmcrusl¥, to proclaim October, 1990, as Domestic Violence Aw~ren~ms Month and October 24, 1990, as a Candlel/ght Vtgtl. Page 3 0ctoher 2, 1990 Item ~TION DESIQNATING OCTOBER ?-14, 1990, AS NATIONAL 4-~ WEEK - ADOI~Z~D Upon reading and presenting the proclamation to Katie Lowry, Co~ies~oner Goodn~ght moved, seconded by Commissioner Shanahan --c~ ~mously, to proclaim the week of Octobe~ 7-14, 1990, as Na~i 4-H Week. Katie Lowry, a Sen~or at Barton Collier H~gh School and President of ~he 4-H County Council, thanked fhe Board on behalf of 4-H members fo~ their commitment to youth development through 4-H, and summarized khe past year's experiences and events. P~ge 4 October 2, 1990 PROCLAMATION REOO(tNIZING JAN R. BENNETT AS RECIPIENT OF THE / DI~TI~N~]~I~ItED SERVICE AWeD 0F ~ NATIONAL ASSOCIATI0~ OF ZXTENSION Upon readln~ and presenttn~ the proclamation to 3an R. Bennett, C~ss~em Sh~ moved, seconded by Comm~ss~onem Goodnl~ht and ~ carried ~animously, to adopt the proclamation reco~lz~ng Jan R. Be~ett as Recipient of the DistAn~ished Service Award of the '~' National Association of Extension Home Economists. October 2, ]990 PROCT, AMATION RECOGNIZING LINDA V. DENNING AS R~CIPIENT OF ~HE DI~"I~OI~ SERVICE AWARD OF THE NATIONAL %F$OCIATION OF EXTENSION 4-N AGENTS - ADOPTED Upon reading and presenting the proclamation to Llnda V. Denning, Gonismioner Volpe moved, seconded by Commissioner Goodntght and carried unanimously, to adopt the proclamation recognizing Ltnda V, Dehiring as recipient of the Disttn~utshed Servlce Award of the 'National Association of Extension 4-H Agent=. Page 6 October 2, 1990 STAFF TO REPORT BACK WITHIN 60 DAYS REGARDING 'NEGOTIATIONS PERTAINING TO DEL'$ C0~NIENCE STORE Gary Kluckhuhn, representing Del's Convenience Store, reported that members of County Staff have visited Del's Convenience Store since this issue was last before the Board. He recounted that the previous discussion resulted tn Mr. Ackerman terminating a pending lawsuit in good faith that a resolution could be achieved for him to continue operating hfs business. He advised since the property owner to the west has revised plans for the sale of that parcel, one of the former proposals is not workable. He said th~? current proposal will allow Mr. Ackerman 125 feet by 190 feet, leaving him apprc~imately ~ i; 24,000 square feet of ]and, which is 4,000 square feet ]es~ than he currently has. He stated this will also leave him with twD buildings, one of which needs to be removed for the right-of-way. He fndicated Transportation Services Administrator Archibald has requested the responsibility of disposal and removal of that structure. He reported Mr. Ackerman would like to move into the remaining buildtn], the former 7-11, however, there are now questions concerning the status of that building due to the current rezonlng. He stated this land is no longer commercially zoned. He requested that an agreement be made for the 125 by 190 feet as total and final compensation for Mr. Ackerman's Commissioner Saunders commented that he has been involued in an attempt to resolve this fssue for approximately six months. He stated the problem has been an expectat]on on the part of Mr. Ackerman that the County pay for the taking of his building and the Fayard property and Jn addition, that the County convey ]and back to him plus pay additional compensation. He indicated he needs clarification on the current proposal. Commissioner Hasse asked if there is any current ]tt~gatlon regarding the property7 County Attorney Cuy]er replied the condemnation suit was filed Octcber 2, 1990 the property was taken and a good faith estimate was placed in escrow. ~e said the case itself regarding final con:pensatton is not settled, however, it ts the prerogative of the Board to explore any alter- natives that may arise. Commissioner Volpe mentioned he ts not p'repared at this meeting to negotiate a pending lawsuit, however, he sug!jested that the proposal be aired for ~nformatfonal purposes. Mr. Kluckhuhn explained this proposal will compensate Mr. and Mrs. Ackerman for business damages which are not currently com]~ensab]e to either the Ackermans or Mrs. Fayard He said there has n.~ver been a value assigned to the business. Commissioner Saunders questioned for purposes of clar:[fication that the proposal ]s suggesting that the County will reta:%n whatever is necessary for the S.R. 951 and Manatee Road rights-or-d,ay with the remainder of the two parcels to be conveyed to Mr. Ackerman. Mr Kluckhuhn replied that is correct, and also pointed out t?tat within the Manatee Road right-of-way, possibly ~5 f~et could be a. common easement or have a mutual agreement whereby water management could occur. He explained that now that the propoE;al has been reduced to 125 feet, Mr. Ackerman cannot handle water management, parking, the ~ bulldtng and possible fuel pumps. He stated that possibly it work for both the Transportation Department and Mr. Acker~an. ;: '~ Mr. Kluckhuhn continued that the proposal requests conveyance to Mr. Ackerman of $107 490 of ]and and butldlnc ]n compensation for business interruption and losses. He informed the Board that 7-1] received $200,000 more than Mr Ackerman for an equal size piece of land which was less improved. He stated the purpose of this proposal Is to resolve that discrepancy rather than continuing w~th the lltigation, in addition, h~ stated, a southbound right-turn lane and the extension of Manatee Road west of S.R. 951 is being requested as a commitmeat by the County. }{e Indicated the County w~ll be able to recoup those costs as a condition of access to the property ~o the west. (A copy of the proposal ts on record w~th the Clerk to the Page 8 October 2, 1990 :Board. ) In answer to Commissioner Volpe, Countv Attorney Cuyler replied the property to the west has never had access to S.R. 951. Commissioner Saunders commented that County Staff has done a very good Job in acquiring right-of-way for S.R. 951 at a minimum cost to the community. He stated his comments are in no way reflective of any 'feeling that Staff has done anything improper. However, he said, not all circumstances for which the County has a legal r~ght necessarily result in what Js fair He communicated he has been trying to resolve this in a way that does not cost the taxpayers, while at the same time, allowing Mr. Ackerman to continue his business. He said this proposal may result in resolving an inequity and he would like to explore it further. He stated he would like Staff to evaluate what the County needs for S.R. 95! in that area and what the future poten- tial is for Manatee Road, to see if there is an opportunity to involve the ~dJo~ning property owners to the west in funding the extension of S.R. 951 in order to have access to their propel'ry. Co~issioner Shanahan moved, seconded b%, Commissioner Satu~ders, to d~rsct Staff to continue negotiations to work toward a mutual, ~tmble and satisfactory ~oal; to work toward a date for removal of the b~lding; and to continue efforts to resolve the inequity regarding Mr. Ackerman's business. Commissioner Vo]pe ~ndicated he is not opposed to resolving the ~nequity that has occurred, but cautioned against opening up a great many issues regarding commercial zoning and access points in order to do so. Commissioner Saunders agreed and reiterated his belief that Staff was correct ~n the determination that an entire ta~fng was appropriate because: 1) the County needed the entire parcel as an area for gating certain environmental damage which will result from construc- tion of the road; and 2) that was the most efficient way to proceed from the County expenditure standpoint. He said the County has the facts and the legal Justification to support the entire taking. He Octo~er 2, ~990 ~:=tated t~e Board ts now contemplating, even t~o~gh it had the .cat,on, t~at there ~s an ~ne~tt¥ t~at needs to ~e resolved. U~mmm call for the question, the motion carried unanimously. Mr. Kluckhuhn noted the building wi11 need to be removed within six months. He asked if thls issue can be placed on an a!~enda of the Board In the near future for a f~nal determination. Commissioner Shanahan suggested this item be heard age,in within 60 Xte~ ,9Cl A~g~0AL R~PORT 0F THE COLLIER CO~ FORESTER ACCEPTED Chris Anderson, Collier County Forester, presented County Forester's Annual Report for 1989-1990. He stated two el~ments within the report are part of the new Mission Statement of the D,~partment of Forestry. He reported one element addresses the wise use and manage- ment of natural resources which ts the stewardship part of the new ,~' Mission Statement. He advised the second element ~s a renewed commit- merit to service, not only fn the a~ea of technical information on trees which Is presented to anyone in the community needing that ser- vice, but it also addresses wildfire suppression in the n~w developing areas of the County. Hn added that wl~h this new set of goals, he feels confident his Agency will stand out tn spite of the State budget ~e~;trtctions being imposed. He concluded h~s Agency looks forward to providing technical information on tree related concerns, and the Rangers w~]l do their best to protect property and life threatened by wildfire. Commissioner Hasse asked if the Rangers are still burning land for private citizens who need that ~ervJce7 Mr. Anderson rep/led that i~ addressed on an Jndividu~,] bas~s manpower, equipment the fire sltu.~tion and weather con- based on ditlons at the time of the request. C,o~mimsioner Ooodntght moved, seconded by Commissionel. Shanahan ~ cmx~ed unanimo~sly, to accept the Annual Report of the Collier C~ Forester. rage 10 October 2, ]990 X~m ~OR]~ $CHEDUL~ FOR CONSTRUCTION OF MARCO SHOP~S, UNIT 30, G'~LF COURSE - APPROVED WITi~ CONDITIONS John Cathcart, Pr~ject Mar~ager of Fore toll, Inc., explained a golf course is being constructed southwest of U.S. 41 and ~.R. 951. ~e stated this request is for a temporary variance to work hour rules in order to allow a dragline operation to continue throughout the night hours. He advised this will expedite the excavation of 30 acres of lakes that are on site. He reported there will be no r.)ck blasting or noisy activities during the night. In answer to Commissioner Saunders, Mr. Cathcart replied the nearest residential units are at least 5,000 feet from an%' of the excavation areas. Commissioner Vo/pe asked Jf there are an~ environmental issues regarding nocturnal habits of wtldllfe that may inhabit that area? Assistant to the County Manager O]llff aJvised theft this request is not for a loud piece of equipment. He said Staff is re,luesting the Board consider whether or not the noise will be above the might tlme noise limits. Me suggested that someone be sent out wJth ~ noise meter to make certain that the operatJon will not be above those limits. Mr. Cathcart reported that the project has been fully ]permitted by the Department of Environmental Regulation amd South Flori.Qa Water Management. Commissioner Saunders asked if Mr. Cathcart would agree that, if approved, the petitlon is conditioned upon Staff's evaluation of the noise level created and the cost of the evaluation wi]] be reimbursed by the petitioner, to which Mr. Cathcart rep.lied in the affirmative. C~immloner Shanahan moved, seconded by Commissioner Goodnight to allow a variance for work to be performed during night tim,~ hours with the above conditions as agreed upon by the p(~titioner; if :~oise levels ~ceed the par~umeters of the ordinance, the variance wJll I~e dis- Page 11 October 2, 1990 '""~Commissioner Volpe asked for what period of time is this request? :,';;' Mr. Cathcart responded the operation will be for 90 days following execution of the variance. Assistant County Attorney Wilson stated the noise ordinance only permits waivers for 30 days, therefore, the ~etltioaer will be r~quired to ask for extensions. She said the possibility ¢~xfsts that the operation is not actually exceeding the decibel levels and if that !. Is the case, he will not need to return. County Attorney Cuyler suggested that this item be placed on the i!:Consent Agenda on a monthly basis. STAFF TO RETUR~f WITI~IN 60 DAYS WITH A PROPOSAL RE LAND DED]:CATIONS FOR SCr'~OOL SIT~S, INCLUSION OF SCHOOL IMPACT FEES, COST AND TIIIE OF STUDY Commissioner Volpe requested the Board direct Staff to begin the process required to establish an ordinance which will allot; for man- datory land dedication for schools and at the same time, e~tab]ish the methodology for the collection of school lmpact fees. He explained that he has been asked to find out the status of a mandatory 'land dedication ordinance which has been submitted to the County by the School Board and its attorney, Jim Siesky. He reported he has 'discussed with the County Attorney and Assistant County Attorney Cronin, their considerations with respect to both mandatory land dedi- cation and the collection of impact fees for schools. He stated the agenda package includes a copy of the ordinance drafted by Attorney Slesky and also a copy of Hillsborough County's school site dedication and impact fee assessment ordinance. He concluded in order to con- sider the enactment of an ordinance for mandatory land dedication and/or impact fees for schools, the County will need to per'form a time consuming study. Assistant County Attorney Cronln advised that certain analyses will need to be done in order to make the legislative findings of fact similar to that in the library system impact fees and the recreation and park impact fees. Page 12 .'~ October 2, 1990 Commissioner Volpe suggested that, since the same analysis is needed for both land dedication and school impact fees, the Board give direction to Staff to explore both issues. He mentioned this should be a collaborative effort between the Board of County Commfssioners and the School Board. Assistant County Attorney Cronin further explained tha'~ the drafted ordinance is based on the one fn place in Hf]]sborough County, although the School Board focused entirely on the land ded.[cation por- t~on. County Attorney Cuy]er concurred that since similar studies will need to be conducted for both issues, the County should be prepared to ~mplement both the ]and dedication and impact fees for schools, should the Supreme Court decide that impact fees are legal. Commissioner Saunders suggested that staff be directed to invest!- ~ate with the consultants what the cost will be for the eva~luation and brln~ back recommendations. Commissioner Vo]pe. stated there may be a cost of $~50CO for the i~,~study and possibly the School Board could be asked to shar~ that funding. Franklyn McC]intock, Chairman of the School Board, stated his pur- pose at this meeting is to give impetus to moving forward on the ]and dedication ordinance. He said the idea of school impact fees has been vez'y controversial over several years. He indicated that the School Board has on several occasions, urged the Board of County Commissioners to consider mandatory land ded~cation for schools. He reported the School Board will be as cooperative as posstb]~, but may not be able to contribute to the cost of the study other than making Mr. Siesky available. He stated he will, however, explore ~har]ng that cost with other members of the School Boar(]. Commissioner Vo]pe asked why the School Board, when drafting the land dedication ordinance_, omi%ted any re£erence to impact f~es? Mr. McC1]ntock responded the School Board felt that wft'7 a consti- tutional challenge to col]ectin~ impact fees, it would be advisable to Page Octob~r 2, lg90 wait until the matter was settled. He also mentioned that assessing impact fees w~ll not be a major contribution to the School Board's capital funding process. Commissioner Vo]pe commented the national average for ~;choo] impact fees is $559 although a few growing communities in California L' have impact fees as h~gh as $2,100. Barbara Cawley, representative of the Barton Collier Company, stated that she has rea(] th~ proposed ]and dedication ordtr, ance. She said It seems that the land dedicatlon ~s only assessed toward large ~ property owners and Developments of Regional Imuact. She e~ncouraGed the Board to look at this issue in a fair manner and that ~he ?~.~ assessment be on all property owners. She commented the Barton Collier Company is very much in support of the School Board, but the ordinance needs to be a fair one. Commissioner Saunders agreed that the County Attorney will need to carefully re-eva]~:ate the proposed ordinance. Mr. McClintock stated the ordinance provides for parcels from two ' residences and greater and is meant to be an across-the-board ord~- ~ , Commiss~oner Volpe asked that the Board d~rect Staff tc meet w~th Mr. Slesk¥ to explore an ordinance that includes land dedication and impact fees; solicit a request for proposal for the necessary n~xus study that wll] have to be completed for both issues; and krtng back to the Board these proposals within a relatively short period of time. C~issioner Saunders moved, seconded by Commissioner Shanahan and caT,led ~lnmntmously, to direct Staff to conduct the evaluations with :'' th~ m~'opr~ate consultant and bring back within 60 days, a proposal ' x~lat~v~ to the cost of that evaluation and the time involved for the ',: ~ ~A~ ~RT OF ~ C~ KEAIS PROJECT ACCEDED A~ PA~T OF ~'S ~ OF ROAD I~O~S CO~ITIONALLY APPRO~D Transportation Services Admlnist~ator Archibald p~esented the sta- tus report of the Camp Kea]s ~oad p~oject and asked for re- P~ge ~4 October 2, lggo confirmation of when the payment of the County's fair share will i ~:;. occur. He advised the status report outli~es the dates of comp]etlon ,~:~ of certain activities, adding the project is well on its ~ay to being completed. He said a substantial part of the project, 5.4 miles, is scheduled for the end of October. He mentioned this road will ~!~- influence the travel tr~ps for an area of approximately 43 square i . miles. He stated this roadway will be Important as a farm to market route and will not only shorten trips between 0il Well Grade Road to the Immokalee area, but will make the area more accessible to activi- ties related to farming' He reported when this project was approved, the resolutlon addressed three major items: 1) the County was to pay ~p to $5,000 toward re-desfgnlng the project to meet County standards and to gain all necessary permits for construct]on; he sai~ that has . been completed, but no payments have been made; 2) the County was to subsJdlze the cost of the drainage system; he said those dollars have been approved, but payment has not been made; and 3) the County's share of the asphalt surface on the roadway, which is approximately $182,500. He sa~d the County was to be responsible for these commit- ments at the time of completion and also at the ttme of rt!~ht-of-way ded.icatlon. He concluded Staff is requesting the Bc)ard recognize that the project will be completed prlor to the right-of-way being acquired .and approved by the Board, and as a result, payment will not be made to the developers until the right-of-way ls secured. Coml~lsstoner Hasse asked what port~on of the project ~ the deve- loper paying? '" M~. Archibald replied the developer ls doing all road construction i;?~ncludlng designing, permitting, clearing, sub-surface work, drainage work, and the sub-grade work. He stated the only share of the entire roadway that the County is responsJble for is the asphalt ~urface. He safd the County asked the landowners to change their specl?icat~ons of ijl' building that road so that it would conform to the County's collector ~oad standards. He advised the total cost of the project is nearly $1 mtlllon, with the County's share being approximately $2L0,000. Page October 2, 1990 Commissioner Volpe mentioned that since the work is being done by ~the developers, the County is circumventing the competitive bid pro- ~,~ceQs. He also stated the County, as a government entity, Joes not y pay sales tax and by going through the developer, ~ales tax will now have to be paid. Mr. Archibald responded that for both the culvert pipe for the ge system and for the asphalt work, the County will not pay more than ~ts annual contract amounts. In answer to Commissioner Volpe, Mr. Archibald stated the add~- tlonal cost of adding one-half inch of asphalt to the roadway is necessary to be in compliance with collector road standard:;. Comm~ssioner Shanahan asked ~f the project remains $32,000 under the original budget, to which Mr. Archibald replied ~n the affir- mative? ~*sioner Shanahan moved, seconded by Commissioner Goodnight ~x~ c~ZTied unani~ously, to approve the listing of the re~b~l~t~es consistent w~th Resolution 89-88; ~d app:~opriate ~s to ~ ~de ~n ~ 1990-91 as condit~oned able. ''" ~ Clerk Hoff~ replaced Deity Clerk Guev~n at this time BID ~89-1514, CIE ~OJECT NO. 004, FOR STATE ROAD 84 (DAVI:~ BL~.) ~ ~ING I~O~S BE~EN CO~ BARN ROAD ~ SA~,% BARBA~ BL~. - AW~DED TO H~PER BROTHERS IN THE ~OU~ OF $1,61~765.95 Transportation Services Administrator Archibald explaiAed that this ~tem is a recommendation to award ~he contract for the four- ]aning of Davis Boulevard between County Barn Road and Santa Barbara Boulevard. He reported that the project involves the construction of the two westbound lanes tn addition to a series of intersection impro- vements and access ~mprovements for developments along that roadway. ~e lndlcated that the developers have played a role in not only financing the pro3ect but there are a ser~es of developer agreements bei~%~ planned to ensure that the improvements for Davis Boulevard include the appropriate turn lanes at the cost to the development com- ~n~ty. He stated that the pro3ect also involves Intersection signal Page ~6 October 2, 1990 work, paved shoulders, drainage work and three 8'x 4' cross drain boxes to provide the outfa]l for the area being developed north of Davis Boulevard and south of Radio Road. Mr. Archibald advised that Harper Brothers, Inc., sub~Itted the low bid, in the amount of $1,614,765.95. He reported that staff feels that the low bidder has the capacity to undertake and complete the work within the 175 day time frame, and recommends that t~e ]ow bid be awarded to Harper Brothers, Inc. He noted that hopefully, the project will commence before the end of October. Mr Archibald stated that it is anticipated that this project will be funded by gasoline taxes and impact fees, and he is expecting the developers to enter into contracts with the County and provide the dollars, prior to the County performing any work which would benefit tho~e projects. In answer to Commissioner Shanahan, Mr. Archibald explained that the standard contracts contain a provision for the developers to pay a portion of the design and inspection work in addition to the hard cost for construction. He affirmed that to date, one developer has exe- cuted and deposited the monies, but he anticipates that the other developers will follow s:~It. He noted that $330,000 will be collected from the developers toward the four-]antng. He indicat~d that the FDOT has agreed to participate at 20% of the total cost. In response to Commissioner Vo]pe, Mr. Archibald reported that the County has control of access and he does not believe that there be a problem In encouraging thom~ developers to participate. In answer to Commissioner Saunders, Mr. Archibald stated that a slgIlal light at the corner of Davis Boulevard and CR-951 is budgeted in FY 90/91, and permit approval has been obtained from the State. He indicated that the de]ay ~s the County's ability to prepare the for construction of the turn lanes. He explained that he believes that that Intersection should not be signalized until the southbound right turn lane from CR-951 onto Davis is provided. Co~ss~oner Shanahan moved, seconded by Commissioner Goodnlght October 2, 1990 ~nd carried unani~ously, that a construction contract be awarded to H~r Brothers, Inc. in the amount of $1,614,765 95, and that the Count-F Attorney conduct a timely legal review of the contract docu- Itm~m ~9B3 PUBLIC EMERGENCY DECLARED; FORMAL CONSULTANT SELECTION PROCESS WAIVED; AND SELECTION COMMITTEE APPROVED FOR DEVELOPMENT OF THE IMMOKALEE AIRPOI~T Transportation Services Administrator Archibald stated that staff wtl~ be pursuing a series of improvements ar, d activities at the I~okalee Airport. He advised that a purchase order in the amount of $700,000 has been received from the State, to undertake improvements, conditioned on the County fulfilling some requirements. He indicated th.at the money [s in hand for the design and permitting phase an~ the construction of the tmprovememt~ assuming tkat a third party will become involved to participate in some long term activity at the A~rport. Mr. Archibald reported that in addition to pursuing the design of the roadway, consideration needs to be given for the County to go through the DRI process for the proposed 400 acre industrial park. He noted that the services of a consultant is needed through the develop- ment phase and Staff will need to go through the RFP prmcess which is a fairly lengthy procedure. He stated that staff is recommending a short cut with regard to this process by outlining a short list of firms that are knowledgeable of that area, have contracts in that area, or a combination of both contracts, road e×per~ence, airport experience and knowledge of the Immokalee Water/Sewer area. He suggested that the advertising procedure be waived, and that the Commission accept the short--list as identified bV Staff, and that Staff be directed to analyze the capacity of t~ose four firms to pro- vide services to Collier County in the future for design and engi- neering and assistance in the DRI process. County Attorney Cuyler advised that if the Board make~ the appropriate waivers and makes the findings as requested b]f Staff, he :?age 1 8 October 2, 1990 has no objections to Mr. Archibald's recommendations~ Mr. Archibald explained that he ~s requesting Board consideration of the declaration of an emergency in consideration of the time to perform, based upon the grant being effective for a 12 month period, ~d that the short l~st be approved and that Staff proceed with the ~elect~on p~ocess as outlined. In answer to Commissioner Hasse, Mr. Archibald replied that the month ~rant commenced ~n September when the purchase orde~ was ~ecelved from the State. Comm~ssloner Volpe questioned the status of the discussions w~th Polycycle. Assistant County Mana~e~ McLemore advised that com- ~catlons are on-going, but Staff believes that anothe~ company has surfaced that will be ready to be a tenant within the next 60 days. Mr. Archibald related that ~he design for the road sediment take 5 months, but the DRI segment will take longer. Co~issioner Sanders moved, seconded by Co~ss~oner Vol~ and ~rr~ ~~1~, to accept the reco~endation of Staff, declaring - ~bl~c ,,rgen~, appr~ng staff's pre-selected consul'~an~ ~lV~ the fo~l R~ process, ~d approv~n~ the Se]ect~on Cou]ttee. ~L~ION 90-476, A~ORIZING ~E ACQUISITION OF ~E SI~LE ~OPER~ ~ ~I~, ~SE OR COllATION FOR E~SION CW T~E COILLIER Real Property Management Dtrecto~ Taylor stated that this item ~ request for ~he adoption of a resolution authorizing the fee simple acquisition of property by gift, purchase or condemnation necessary for the expansion of the Collier County Landf~ll. She noted that the sub3ect property is located directly west of the existing Landf~ll site and consists of approximately 301 acres She related that this site was recommended for purchase in the Solid l~aste M.~ster Plan, adopted by the Commiss~on ~n August 1989 and the purchase of the s~te will enable staff to comply with tke uequlrements of the Growth Management Plan. Sol~d Waste Management D~rector Fahey presented a map depicting October 2, 1990 subject site. He presented an informational packet containing: the Solid Waste Sub-Element of the Comprehensive Plan which obli§es the County to provide a 10 year raw land supply as a future resource for solid waste management and disposal; flna] report pro';fded hy the firm of Camp Dresser & McKee which supports the need for ~dditional i~]a.nd and the acquisition of the property tn questicn; analysis by the ~ Corps of Engineers and the Department of En~Jlronmental Regulation with ~' regard to the prelim!nary assessment of the site; ana]ysi~; made In 1987 by Projects Coordinator Tom Donegan, with respect to the utillza- tion of an upland County site which Is removed for the existing s~te; ~ and a listing as prepared by Staff of the existing infrastructure on the present site that may be re-utilized if the abutting site is required. In answer to Commissioner Shanahan, Mr. Fahey reported that the County's waste stream has been increasing at a very high Fate. He ~ndicated that over the past 7 years, there has been an l~l~ growth rate, and over the past 2 years, it has been 22~ - 24~. He indicated that it ts anticipated that this site will provide sufficient resour- ces as a functlon of how much of the 300 acz'es can be permitted and ;'i, used for disposal for another lO years of use. ~ Commissioner Vo/pe stated that in 1986 there were discussions with regard to relocating Road & Bridge from County Barn Road to the proposed slte at the ]andffll. He indicated that if some of this site can be used for Road & Bridge it may be a plus. Mr. Fahey replied that determinations will need to be made as to the amount of that land :.,that can be used for solid waste before determinations are made as to whether there is anything left over for use by anyone else. Mr. F&hey e×pla:n.d that th.r. }s a v.r), pre]{minary analysJs of the land that might possibly be used as paI't of the CDM report which , indicates that less than 50~ of the site may be used for solid waste utility for d~sposa]. Mr. Fahey stated that if this site is acquired, he anticipates that the water retention will remain on some. of the environmentally Page 20 October 2, 1990 ~. sensitive areas on the new 300 acre parcel and the actual site dtspo- ~'' sal area of the site the County already owns would be expanded. Mrs. Charlotte Westman, representing th~ League of Women Voters of · . Collier County, noted that a consent agenda Item of August 7th, indi- cates that this site will project land facilities for another 10 years to comply with the Growth Management Plan. She reported that referen- ces made in that August 7th item indicate that an addttion.~l 120 acres !~,~' would be required for off-site mit~§ation of disturbed ~:etland areas on the 300 acre site, and questioned why today's proposal does not !~ include the addition of the 120 acres. She noted that the Strong pro- l~erty and the Green property are mentioned at the selling price of ~!i $4,000 per acre. :~'. Mr. Fahey advised that the Commission has previously authorized Staff to pursue additional properties Ms. Taylor stated that Staff is pursuing additional acl'eage for solid waste. She noted that the Green parcel has been acquired, and ~ negotiations are ongoing with two other property owners who are willing to sell their properties. She explained that the ~00 acre property owner ts not willing to sell at appraised value, ¢.r even i,~,i, close to the appraised value, and that is the reason for t~e resolu- ~ ~ tfon. She related that the asking price par the real estale company is $20,000 per acre. With regard to the acquisition of the ~20 acres for mitigation to the wetlands, Mr. Fahey replied that this determination will need to ~. be made tn the permitting process. He affir,:ed that Staff is attempting to acquire additional lands that may be used for that pur- pose. Ms. Taylor remarked that the preliminary assessment thatt was ccmpleted by Solid Waste one year ago was given to the two appraisers who did account for the recommendation of the wetland upland and mixed uses Jn .their appraisals and the offer was made to the property owner. Commissioner Saunders moved, seconded by Commissioner ~;hanahan and 'carried =xlmnimousl¥, that Staff be directed to pursue the a~cquisition P~ge 21 October 2, 1990 Of fee si~l~le property by gift, purchase or condemnation necessa~ for t~ ~s~ of the Collier Co~ty L~df~ll, ~d that Resolution ~. '~-4T~ ~ adopted. Paue 22 October 2, 1990 C~J~TR3~h~{ ?0 ~TQ~CO~ CO~=U~CT WI'Z~ 'Z~. UNIV~RSI~f 0ff SOOTH ~LORIDA T0 OF ~ ~t,Wl3~.~ RECI,A~ON Solid Waste Management Director Fahey stated that this ~tem re/a- tea to a proposed contract with the University of South Florida with respect to the research and development of a mining and reclamation process. He reported that Staff has negotiated the contract to pro- vide waste characterization, marketability of the materials, recommen- dations on existing or alternative equipment, evaluation of methods to enhance the biodegradability or stabfllzatlon of the cell and quarterly progress reports for a two year period. Mr. Fahey indicated that three different entities will contribute to th~s effort, and Collier County's total investment over the two year period would amount to approximately $155,212. He ad,/Jsed that the Florida Center for Solid and Hazardous Waste Management which obtains money from the State's Solid Waste Management Trust Fund, will >, contribute $71,830 over the two year period, and the University of ,South Florida will provide $62,200. He indicated that the total cost the two year research project is $289,242 Mr. Fahey explained that staff anticipates that the effort that will be produced will enable a system to be put ]n place which would allow landfills to be re-used with less need to acquire additional land which would be destroyed. He reported that hopefully, this ~"'make solid waste a better environmental situation at a lower cost. Com~tssioner Goodnight moved, seconded by Commissioner Shanahan ~ ca/'rlmd 4/0 (Commissioner Sau-nders out of the room), that the C'~x-~su~ be m=thor~zed to sign the contract w~th the Univers~t¥ of Sovth Florida to provide for research to increase the eff~ciency and co.~'~ effectiv~nesa of the landfill reclamation program. Page 23 October 2, 1990 ~gH1 ~ TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISS£ONERS AND EI~AFT COItal'RUCTION CO., INC., FOR TI~E COMPLETION OF FLOORS FIVE AND SIX IN ~ COUI~I'HOUSE - API~ROVED Office of Capital Projects Management Director Conrecode stated that this item is a request for the Chairman to execute amendment to /!~.'the agreement for the comp]etlon of Floors Five and S~x in the "Courthouse. He noted that in October, 1989, the Commission approved the construction of the shell space for Floors 4, 5 and 6, and in Aprfl, 1990, ~t was decided to finish the 5th and 6th Floors to accom- modate the Clerk of Courts and court-related offices. Mr. Conrecode explained that the design for the 5th an,] 6th Floors of the facility was completed in August, and noted that a quote was received from Kraft Construction Co Inc in the amount of $1,950,400. He requested that the Board approve the amenchnerlt to the agreement. In answer to Commissioner Shanahan, Mr. Conrecode repo~ted that agreement specifies completion to be done within 180 days, but he anticipates that the work will be completed approximately 30 days ~ooner. In answer to Commissioner Hasse, Mr. Conrecode disclosed that the 4th Floor w~ll act as a buffer to protect from tha noise and yibration of construction that would normally dfsrupt any court proceedings, and the §th and 6th Floors will be accommodated by re~trtctlrlg con~truc- tion workers from entering the building at certain hours of the day will be checked for contraband. Mr. Conrecode advised that the work will ~nclude ail hard par- tittonfng, electrical/mechanical and carpeting. He noted that it not include moveable walls, furnishings or s]gnage. In response to Commissioner Volpe, Mr. Conrecode explained that the 4th Floor is reserved for court expansion which is pro~rammed to occur between 1995 and 1997. Mr. John Keschl stated that he is concerned with cost over run~ with respect to the first four Floors of the Courthouse and asked Page 24 October 2, 1990 ,?there would be cost over runs associated with the 5th and ,Sth Floors. Mr. Conrecode indicated that the project came in under budget but there was a change order which came before the Commfssion several months ago. He noted that the square footage cost for the 5th and 6th Floors ts approximately $42 per square foot. Co~isstoner Shanahan moved, seconded by Commissioner Goodnight ~ cax'rted unanimously, to approve and authorize the Chai~man to exe- cute the amendment to the agreement with Kraft Construction Co. Inc for the co~letion of Floors Five and Six in the Courthous,~ in the · ~ ~mm~l~ of $1,950,400. P~ge 25 October 2, 1990 ~H 90-477, CREATING ~a~ LAND DEVELOPMENT CODE AD-~OC COMMITTEE Assistant to the County Manager 0111ff explained that this item is .~,~':~' a reqn/est for the Commission to adopt a resolution to create the ad- hoc committee which will be the citizens' review and participation committee with respect to the County's Land Deuelopment Ccde document. ? ' Mr. 011iff stated that the firm of Icard Merrill Cu]lls, Timm, ~ren and Ginsberg, P.A. has been assigned the task to develop a new Development Code which will include the Zoning Ordinance and . Several revisions to some of the technical aspects of the County. He .~? noted that the document is nearing completion of the first full draft, i. li 'and staff feels that there should be the involvement by a citizens ~ involvement committee for part~cipatlon and to provide comments to the !~'~!% Comm~ssion. Comm~ssioner Volpe fndicated that he believes that the establish- ~'ment of this committee is a good idea and suggested that the meetings %~ be in the sunshine, and that there be some type of advertisement as to ~;:, when the meetings will take place and the med~a should be invited to attend° Commissioner Volpe suggested that participation in the committee ~nclude the Chairman of the President's Council. -. Co~ss~on~ Shanahan moved, seconded by Commissioner Goodnight th~ lt~ol~t~on 90-477, creating the Land Development Code Ad-Hoc · e be adopted. Commissioner Volpe asked if t:he resolution could be amended to add a representative of the President's Council. Mr. O//iff stated that he is uncertain as to whether a member of President~s Council would be willing to serve on the committee, and suggested that the number of citizen members be increased to ~#three". Commissioner Sh~nahan amended h~s motion to reflect the revision '?.to the resolution to include 3 citizen members. Commieuioner " Page 26 ~ccepted the amendment. UI~on call for the question, the carried unant~ous 1¥. Page October 2, 1990 ~IOA 'KE..~O~UTION 90-478, SETTING TH~ FEE SCHEDULE FOR APPLICATIONS AND OF ZONING ~-EVALUATION AND ADEQUAT~ PUBLIC FACILITIES VESTED D~'TENMINATIONS - ADOPTED Assistant County Attorney Wilson advised that based on the com- ? manta and recommendatlons of the meeting of September 25, 3990, have been made in the proposed resolution, setting the fee schedule for applications for determining vested rights and appeals. She indicated that she hopes this is an acceptable compromise. Assistant County Attorney Wilson called attention to Page 2 of the ion, noting the minimum Application fee for Vested Rights i~iDetermination in the amount of $750, and the maximum fee being $2,250. She indicated that the fee for Appeal of Vested Rights Determination is $250, and noted that the County will be absorbing some of the Commissioner Shanahan commended Mrs. W~)son ~or a ~ob ~e)l done. Commissioner Shanahan moved, seconded b~ Comm~ssioner Goodnight ~ c~%-r~ed uz~an~monsly, that Resolution 90-478, setting forth the fee schedl~le for A~lications for Determination of Vested Rights and for A~la ~rsuant to the Zoning Re-evaluation Ordinance and the P~bl~c Facil~t~ee Ordinance be adopted. ; i,' :, Page 28 ~,; October 2, 1990 £~11A ~ ~z~z~s 90-37s; 90-3s3; 90-3s?/3sg; 90-39~/39~; ~ 90-396 - · Comm/eeloner Goodnight moved, seconded by Commissioner Shanahan mild carried llnantmously, that Budget Amendments 90-378; 90-383; · o-387/3e9; 90-391/392; and 900396 be adopted. R~SOLUTION 90-4?9, P~-APPOINTMENT OF CYNTHIA FAULKNER TO lYRE GOLDEN :~n?;:'GATE ~T&TE$ CITIZENS ADVISORY COMMITTEE; MARK STRAIN TO [:0NTINOE TO ~ UNTIL CLARIFICATION OF ORDINANCE ADOPTRD - Administrative Assistant to the Board Filson stated this item is a recommendation to appoint two members to the Golden Gate Estates Citizens Advisory Committee· She indicated that this comrllttee ~assists the Board of County Commissioners tn carrying out the iiGAG/Avatar Agreement. Mrs. Fllson explained that the terms of Cynthia Faulkner and Mark i~'Strain will expire on October 13, 1990. She noted that she received a memorandum from Real Property Management Director Taylor, recommending the re-appointment of those two members. Mrs. Charlotte Westman, representing the League of Wonen Voters of .Collier County, advlsed that the ordinance whlch regulates the appointments to advisory committees states "that no person who sits on boards shall be an elected official to any off/ce fn thfs ¥." She pointed out that Mr. Strain is now an elected offlclal ~"j~.]slnce he is a Golden Gate Fire and Rescue District Fire Commissioner ~,.i. and therefore, fs lnellgible to serve on the a~v]sory com~llttee. County Attorney Cuyler explained that he recently became aware of ' this issue. He indicated that the Commission needs to advise as to whether it is the desire to keep this provision tn effect since there V' -has been criticism from both sldes. He recalled that the provtsfon of the ordinance was initiated on the basls that the Commlssf. on did not want its advisory boar~ members using thelr advisory board p2atform tn any political way He reported that the members are precluded from i~becomln~ a candidate for an elected office, and if so, 'chat is Page 29 October 2, 1990 7~'.deemed to be a tender of resignation. He stated that he will further review the ordinance, if so directed. Commissioner Hasse indicated that he feels that County Attorney ~Cuyler should research the ordinance. ,?: Commissioner Goodnlght remarked that when members of the Board of County Commissioners sit on an advisory board they are non-voting members, and noted that when the ordinance was adopted she felt that ~the Intent was to have people from the community that were not :.involved in politics tn any way to serve on the various boards. Mrs. Westman pointed out that when the League did the study and worked on the ordinance, they reviewed ordinances from all over the State, and there had been problems in this regard, and that is the that the provision was Included. Commissioner Volpe related that he believes that the provlnion should remain in the ordinance, noting that tf a member of an advisory board decides to run for an elected public position, that is a tender of that person's resignation as a member of the advisory board. He qklesttoned whether a person who occupies an elected postttDn can be appointed to an advisory board. ;'.j County Attorney Cuyler explained that the provision only addresses members of advisory boards who become candidates for public office. Commissioner Saunders stated that he has no prgblem w~th Mr. Strain serving on the Golden Gate Advisory Committee, but it appears that the Intent of the provision Is that a public office hglder or candidate of same would not be eligible to serve on an advisory board. Commissioner Volpe stated that a member of the Collier County ;.iPlanntn~ Commission also served as a Golden Gate Fire Commissioner at [the same time, and he feels that County Attorney Cuyler should clarify he ordinance in order to be consistent in the future. Com~aiseloner Volpe moved, seconded by Commissioner Sa~nders to ~ the appointments, with the understanding that the County &ttol-n~y will clarify 'the ordinance. Commissioner Goodntght stated that she believes that t'aere would Octok,er 2, 1990 ~:'!ii be a conflict of interest since Mr. Strain will be making recommen- ~iii' dations to the Board with respect to spending money for tke Golden ,Gate Fire Commission District which he will be serving on as a ~Commisstoner. Real Property Management Director Taylor ~ldvIsed that she attends ,: each meeting of the Golden Gate Estates Advisory Committee and if an issue arises which pertains to the Golden Gate Fire District, Mr. i~i Strain refrains from the discussion and does not vote on the matter. Comm~ssioner Shanahan suggested that Cynthia Faulkner be re- appointed and that Mr. Strain's appointment be held in abeyance. Commissioner Hasse stated that he believes that the a~potntments ~ ~ should be made, as recommended Commissioner Volpe noted that Mr. Strain Js a member cf the Fire Consolidation Study Committee and also serves on the Code Enforcement Board. He indicated that the County Attorney will be comfng back with ~, ' clarification of the ordinance and suggested that an elected official not be a voting member of any of the advisory boards. CO~L%Ssioner Saunders withdrew his second. C~m~ssi~ner Shanahan moved, seconded by Comm~ssioner Volpe and carried 4/0 (Commissioner Saunders out), that Cynthia Faulkner be x'e-&~TPointed to the Golden Gate Estates Citizens Advisory Committee, T/~at ~h~. Strain's position be held in abeyance, but that he continue ,t:, ~ ~ · ~e~ber until clarification of the ordinance and that ~1 90-4?9 be adopted. ·' Page October 2, 1990 ~.2D ~O~lE~l'II~ 0~ Nf~FEI~BER 6, 1990~ TO B~ C~CELED Co~isstoner Hasse stated that November 6th ts a general election day. He noted that the Board Meeting on September 4th was canceled ~..due to the primary election. He suggested that the meeting of November 6th be canceled. ~ssio~r S~ m~ed, seconded by Co~issioner Goo~l~ht ~ c~i~ 4/0 (Co~issioner Sanders ~t), ~hat ~he meeting for ~~ TO ~I~ L~ER TO MOSQUITO COBOL ~Q~STING ~T AC~ ~ RO~ ~ BE INCL~ED IN S~YING Mrs. Dolores Baker, of Acre Maker Road, spoke on behalf of her ~.gr~ddaughter, Elizabeth Baker and the residents and landowners of Section 26, Collier County. She requested that this area be included in the County's mosquito spraying. She reported that the subject area ~s ~sed as a turnaround for the airplanes, but the residents are not receivtn~ the benefit of spraying. Mrs. Baker advised that her granddaughter ~s at the All Children's Hospital fn St. Petersburg due to encephalitis. She related that this little girl w~ll be returned to her family not the way she was when she was affected with this. She noted that people are concerned that ~there will be another child or adult affected w/th encephalitis. Mrs. Baker indicated that there are several lakes in the Acre Maker Road area and believes that this area should be included in the spraying, but if this ts not possible, she suggested that lava fish be dumped into the canals and surrounding lakes. She explained that the ser$ousness of the disease ts beyond what most people can realize. County Manager Dorrtll stated that the subject area f:~ about male east of the current d~strict boundary, and suggested that these resAdents request that the boundaries be extended. Commissioner Hasse suggested that the C()mmissJon forw,~rd a letter 000, : 9,5 Page 32 October 2, 1990 !to the Mosquito Control District. Coal~tas~.oner Goodnight moved, seconded by Comm~ssione~ Saunders, thal: the Chair'~an be authorized to write a letter to the Mosquito ConTrol District advising of the situation, and asking that the Acre -"Maker ~oad a~ea be included in the spraying; County Manag,..r Dorrtll to ~.a/l the Mo~qct~to Control District, advising that the letter ~s forth- County Attorney Cuyler stated that the last t/me the Mosquito Control District requested that the Commission approve a change to the boundary, they passed a resolution, and it would be helpful for them 'to consider same, and suggested that another resolution be prepared. Commissioner Vo]pe indicated that there is an immediate need, and ~suggested that measures be taken, l.e., a truck with spraying equip- ment if spraying by air cannot be done immediately. Commissioner Hasse noted that he will be meeting with the Mosquito Control District on October 3, 1990, and will request that ground ~i spraying be utilized in the interim. Mrs. Jane Ruck, resident of Acre Maker Road requested that the Commission move forward with the resolution. She Indicated that the '~ .w~nter season will be dry, but there is the great possibility that next year there will be another outbreak of encephalitis. She advised that there ar~ also mosquitos bearing Malaria and Danube Fever. Up(rn call for the question, the motion carried unanim=usly. Page 33 October 2, 1990 AME]~]MENT RECOGNIZING FISCAL YEAR 88/89 CARRY-FORWARD FOR THE ~_9.!I EI~HANC~MENT - APPROVED Finance Director ¥onkosk¥ stated that tkis budget amendment ~s a housekeeping item. He advised that the Sheriff is requesting that the ion officially recognize the carr¥-fcrward for the E911 ;ment. Co~mJssXoner Goodntght moved, seconded by Commissioner Saunders ~ carried ~nt~usl¥ that the budget amendment reco~nizing the Fiscal Tear 88/89 Carry-forward in the amount of $208,931 for the E911 be approved. CommlAsllioner Goodni~ht moved, seconded by Commissioner · hanahan and carried unanimously, that the fo/lowing items under the Consent Agenda be approved/and or adopted ~:OORDI~ OF TH~ FINAL PLAT OF ~SAPPHIRE LAKES, UNIT ONE# - WITH ~TIP~]I~TION$ 1. Accept the Construction, Maintenance and Escrow A]reement as security to guarantee completion of the Subd]vf?,]Dn improve- ments. 2. Authorize the Chairman to execute the Construction, Maintenance, and Escrow Agreement. 3. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. Ita~a ,14A2 ~A~ PLAT OF 'PALHE/'r0 R~DGE" - WITH STIPULATYON$ 1. That the ~i~a~ plat not be recorded until the required impro- vements have been constructed and accepted or unti! approved securlt¥ is received ~or the Incompleted improvements and that constr~ct~on sha2I be completed ~ith~n 36 moaths of the date o~ this approval. 2. Authorize the Chairman to e~ecute the Cons~ructio.~ and Haintenance Agreement. That no bui~di~g permits be issued until the fina; plat is recorded. S~AL A~REEMENT WITH BETTER ROADS, INC., FOR ADDITIONAL LANES AT RADIO ROAD RE PROJECT NO. 66033, SIX LANING OF AIRPORT-PULLING ROAD I~ TH~ ~ OF $113,024.95 '. ~ 060P~'C[ 08 P~.ge 34 October 2o 1990 :,,." See Pages //.5-- /J,l". ~24B2 ROAD I~ACT FUND NO. 333 TO BE ~DED AS ~ING SO.CE FOR ~0~CT NO. '*~:q'6506S, ~-951 CONS~CTION ~ 23RD A~., S.W. TO GOLD~ GA~ It~ 9~4C1 - R~ed from agenda It~ ~4C2 - R~ from ag~da It~ ~14C3 ~S~TATION A~~ BE~EN COLLIER COU~ BCC A~ THE SCHOOL ~ OF COLLIE~ CO~, FOR UTILIZATION OF SCHOOL BUSES TO ~SPORT P~ ~ RE~TION ~OG~ P~TICIP~S See Pages ~~ ~R ~ ~990-91 ~ING C0~T~IBUTION TO HOSPICE OF NAPLES, ~C.. ~ ~ ~ 0F $11~000 See Pages ~14C5 .~~ ~R ~ 2990-91 ~IN~ CO~IB~ION TO ~0~CT ~LP, ,000 ' ' CO~ ~ ~ 1990-91 ~IN~ CO~IB~ION T0 S~LT~ FO~ ABUSED It~ ~1407 CO~ ~R ~ ~990-91 ~IN6 CO~IBUTION TO ~CATION~ C~ FOR ~E H~ICAPPED, INC. (T.E.C.H.), IN ~E ~0~ 0~ $~4~000 ~ l~ ~ C~I~ OF CASH FOR THE 1990-91 ~ING CO~IB~ION :'~'~ ~I-C~ S~ICE PROJECT IN THE ~O~ OF $21,388 . , · - , ~24D1 ~0-1814 ~R ~ RE~C~ OF A G~VI~ S~R LI~ AWAKED TO IN THE ~O~ OF $9,947 ~ NO. 3 TO AGRE~ WI~ HOLE, MO~ES A~ ASSOCS., INC., FOR '-~I~G S~S ~LA~D TO "EAST im:"~E~I~ ~S~" ~O~CT NOT T0 EXCEED $5~00 Oc~obt;r 2, 1990 It~ #14~1 BID ~90-1606 TO LYNCH CONSTRUCTION OF NAPLES, INC., IN THE AMOUNT OF $126,600, AND CHAIR~t~N TO SIGN AN AGREEMENT ON BEHALF OF THE COUNTY FO~ ll~s AT IMMOKALEE AND NAPLES LANDFILLS CONTRACT FKFR MARCO ISLAND M~DIAN MAINTENANCE DURING FY 1990/91, TO R & B LAWN SEI~ICE, INC., IN THE AMOUNT OF $241,433.04 (RE]~EWAL OF BID NO. See OONTIU~T FOR LELY GOLF ESTATES M~DIAN MAINTENANCE DURING FY 90/91, TO I~-'B ~ SENVICES, INC., IN THE AMOUNT OF $15,661 (RENEWAL OF BID NO Item ~14H3 :COI~'I~ACT FOR GOLDEN GATE PARKWAY MEDIAN MAINTENANCE DURING FY 90/91, I~-B LA~N SEK'VICES, INC., IN THE AMOUNT OF $44,48§.02 (RENEWAL OF ~ID NO. 88-1534 Ite~ #14H4 EXTENSION THROUGH FEBRUARY, 1991, OF GRANT TO THE NATIONAL AUDUBON · ~OCIETY RE ADDITIONAL MONITORING OF BIRD FEEDING ACTIVITIES AND WATER TURBIDITY IN CONJUNCTION WITH T1TE MARCO ISLAND BEACH NOURISH~qENT PROJECT; INCREASE IN PU[~CHASE ORDER IN THE AMOUNT OF ~3,500 LIMITED USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY AND W~STE M~/qAK~EMENT, INC., FOR CONTINUED USE OF COUNTY-0WIT~D PROPERTY RE STAGINU ARF~S FOR SOLID WASTE COLLECTION Itu #14H6 I~v~OURCK ENGIIqr~ERING AND PLANNING, INC., TO PREPARE FRASE I ENVIR~AL &UDIT AND PROPERTY ASSESSMENT ON TI~~- GARGIUL0 PROPERTY ff14H7 6~aW~K ORDER FOR WORK PERFORMED BY DIGITAL EQUIPMENT CORPORATION IN THE ~ OF $4,518, FOR COURTHOUSE PRO3KCT Item ~14H8 B~D NO. 90-004, FOR PURCHASE OF SLUDGE PUMPS FOR THE PELICAN BAY I]OVEMENT DISTRICT'S WASTEWATER TREATMENT PLANT AWARDED TO LIT~THAUS & ASSOCS. ~ IN THE AMOUNT OF ~33,240 Item BID NO. 90-001 FOR PROVIDING TRANSPORTATION AND HAULING 0F WASTEWATER ~LUD~E FROM TH~ PELICAN BAY IMPROVEMENT DISTRICT WASTEWATER TREATMENT .I~AT,, . TO RAY'S SEPTIC SERVICE OF NAPLES~ IN THE AMOUNT OF $25~040.25 Page 36 October 2, 1990 ~Ztm~ #14H10 BID NO. 90-002 CHLORII~E GAS FOR PELICAN BAY IMPROVEMENT DISTRICT WATER ~'~ ~ ~EW~R FACILITIES TO ALLIED UNIVERSAL IN TI~ AMOUNT OF $20,493 & ?. BID ~. 90-003, AQUATIC WEEK CONTROL CHEMICALS FOR PELICAN BAY ~'~" 1-WPt~0F~ENT DISTRICT WATER MANAGEMENT SYSTEM TO HELENA CH]~ICAL IN THE ~ID ~0. 90-008, 4-~:~L DRIVE ~UCES ~OR THE P~LICAR ~A¥ ~'DZS'/I~TCT /~ ~J~S DODGE - VE~ICLE #1 IR TH~ AJ~O~ OF $12,4§0 ARD ~-*~V-~:~ZC~g ~2 ZN ~g AMO0~ O~ ~14~108 ~'~Zt~ #1431 i~/*~ ~I~Z$~EC~ZOR O~ LIEN ~OR S~ICES OF ~ PUBLIC Zt~ ~143 COR~q~SPORD~CE - ~ILED &RD/OR T~e follo~tng miscellaneous correspondence ~as filed ;md/or ~e~erre~ to t~e ~a~ious departments as t~d~cated ~e~o~: ~,r~,,~ i~ 1. Claim of Lien from Sames F. $iros~¥ in accordance ~lth a contract ~It~ L~etne~ ~ectric re the Cold,er ~ea~th Services Building, for an amount still o~ln~ of $6,000. :cc: ~ell Do~r111, ~en Cuy~er, Tom Conrecode a~ f~led. ~ 2. Certified Letter dated 9/17/90 To Chairman ~asse from Robert G. Nav~, Director, D~v~slon of Resource Planning and ~,,~ Management, Department of Community Affairs, re petition from the C~tizens Political Committee, Inc., challenging the Zoning Re-evaluation Ordinance and the Public Facilities Ordinance. xc: Neil Dorrill, Frank Brutt and f.[led. .., 3. Letter dated 9/17/90 to Chairman Hasse from Gord~)n L. Guthrie, Director, Department of Community Affaf~s, re 91-CJ-28-og--21-Ol-O36/Colller County D~ug Enforcement & Apprehension Program. xc: Netl Dorr~l], John ¥onkosky, Don Hunter and fi]ed. 4. Letter dated 9/12/90 to Chairman Hasse from Trud[e D. Bell, Environmental Supervisor, Wetland Resource Regulation, ~:~ Department of Environmental Regulation, enclosing standard .',. form application for Naples Sailing & Yacht Club. xc: Nell il Dorrlll, Frank Brutt, Bill Lorenz and filed. 5. Letter dated 9/13/90 to Chairman Hasse from 3on M. Iglehart, :~'* Environmental Specialist Florida Department of Environmental Regulation, re Collier County WRR, File #1118607[, Jurisdictional/Wetland at Radio Road, Phase I. xc: Netl :[, Dorrlll, Frank Brutt, Bill Lorenz and filed. :~. 6. Notice of Proposed Rulemak{ng dated O/14/oO re Duration of Permits, Department of Environmental Regulation. xc: Nell DorF~/1, Bill Lorenz, Frank Brutt and filed. 7. Letter dated 9/10/90 to Chairman Hasse from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re Collier County - WRR File #1118655555. xc: !!i Nell Dorrill, Frank Bruit, Bill Lorenz and f~led. '!" ~ ~C0PA~£1gl Page 37 October 2, lggo 8. Letter dated 9/19/90 to Chairman Hasse from Jon M. Iglehart, Environmental Speclalfst, Department of Environmental Regulation re WRR, File #111864965. xc: Nell Dorrlll, Frank Brutt, Bill Lorenz and filed. 9. Memo dated !)/14/90 to Interested Parties from Richard D. Drew, Administrator, Wastewater Facilities Regulation, Florida Department of Environmental Regulation, re Nonreportin!~ Fee Rule Workshop. xc: Neii Dorrill, Bill Lorenz, Tim Clemons and filed. lO. Memo dated 9/12/90 to Distribution List, from Glo,la Woods, Health Services and Facilities Consultant, Emergency Medical Services, Department of Health & Rehabilitative Services, re EMS County Grant Expenditure and Program Performance Reports Reminder. xc: Nell Dorrlll, Jay Reardon and filed. ll. Copy of Certified Letter dated 9/12/90 to Tasha O. Buford, YounG, VanAssenderp, Varnadoe & Benton, P.A., from Tony D. McNeal, En~neer, Bureau of Coastal Engineering and Regulation, Department of Natural'Resources, re NDttce to Proceed Withheld, Approval of Governor and Cabinet Permit: C0-233, PermJttee's Name: W. E. Williams. xc: Nell Dorrlll, Frank Brutt, Bill Lorenz and filed. 12. Letter dated 9/14/90 to Nell Dorrill from Tom Gardner, Executive Director, Department of Natural Resources, re the updating of Jane's Scenic Drive/Fakahatchee Strand, Sabal Palm ~oad Extension/South Golden Gate Estates, Marco Island Airport and Lely Barefoot Beach Preserve, xc: George Archibald and filed. 13. Letter dated 9/~7/90 to BCC from Percy W. Mail,son, Jr., Director, Division of State Lands, Department of Natural Resources, w~th attached notice advert~sing a new Grandfather II LeasinG Program. xc: Nell Dorrtll, Frank Brutt, Bill Lorenz and filed. 14. Coy of letter dated 9/I8/90 to Clerk of Courts G~les from Eugene E McClellan Jr. Deputy General Counsel Department of Natural Resources, re Special Assessments of State-Owned Property Naples Production Park Improvement Assessment Distr~ct. xc: Neil Dorrtll, Mike Arnold, George Archibald and filed. 15. Memo dated 9/~9/90 to Interested Parties from Don Gertcisen, Chief, Bureau of Local Recreation Services, Division of Recreation and Parks, Department of Natural Reso~.rces, re Notice of Intended Actions/proposed Rulemaktn~ Chapter ~20, F.S./Flortda Recreation Development Assistance Program & Land and Water Conservation Fund Program. xc: Nell Dorril], Frank Brutt, Bill Lorenz and filed. 16. Order of Dismissal and F~le Closure from Division of Adm[nistrat~ve Hearings: Department of Community Affairs vs. BCC. Case #89-1841DRI, FLWAC Case #$9-6. xc: ~[en Cuyler, Neil Dorrll], Chairman Hasse, Commissioner Saund~rs and filed. 17. Memo dated 9/20/90 to All Agencies of Local Government & Interest Parties from Representative Mary Ellen Hawktns, Chalrman, Collier County LeGlslatlve Delegatlon, re Legislative Public Hearing. xc: Neil Dorrtll, 3CC and filed. 18. Minutes Received and Filed: 102 Page 38 October 2, 1990 A. Golden Gate Parkway Beautification, September agenda and minutes of 8/14/90. B. Library Advlsory Board minutes of 8/30/90. C. Marco Island Beachfront Renourtshment Advisory Committee minutes of 9/12/90. D. Parks and Recreation Advisory Board ~genda and action list of 9/26/90 and minutes of 8/22/90. 19. Not~ce To Owner from Mace Sod Service, dated 9/14./90, to BCC, advising that they have furnished sod, material ~nd installa- tion, for the SW Road/McConnell Landscape, under an order Given by McConnell Landscape. xc: Nell Dorrill, John ¥onkosky, Steve Carnell and f/ledo 20. Copy of Letter dated 9/19/90 to John ¥onkosky, fz'om Sheriff Don Hunter, re Interest Earnings and check ~n the amount of $332,134.29. xc: Nell Dot,ii1 'Commissioner Ha,-;se and f/led. ' 21. Not~ce of Voluntary Dismissal, Twentieth Judicial Circuit Court, Case #90-27OJ-CAO1-HOH, Immokalee Water and Sewer D~str~ct vs. Gablno Soliz, et al. Filed. 22. Public Notice dated 9/20/90 from U. S. Environmental Protection Asency Region IV, Waste Management Division, re Not/ce of Intent to Iss,~e Hazardous and Solld Wa,-;te Amendments Permit Under the Resource Conservation and Recovery Act (RCRA), as amended by the Hazardous and Solld Waste Amendments of 1984. xc: Nell Dorrill, Mike Arnold, Bob Fahey, Bill Lorenz and f/led, TT~ere being no further buslnes~ for the Good of the County, the meet/ng was adjourned by Order of the Chalr - Time: ~2:g, 5 P.M. c,,' BOARD OF COUNTY COMMISSIONERS ;~..~.,,. %.~, BOARD OF ZONING APPEALS/EX ~:~,?,, ..'%,.,~ OFFICIO GOVERNING BOARD(S) OF r2,,.,,:~., .. ,~. SPECIAL DISTRICTS UNDER ITS i .: '.. :~ . ',,'~i'~t;, CONTROL .:~.."-~ . . ',' ,'...~, ~::'" ' ' ' "/ "~ HASSE, JR., CHAIRMAN ~ese minutes approved by the Board on p~'esented / or as corrected 2age 39