BCC Minutes 04/05/1988 R
~
-- ~
.
Naples, Florida, AprilS, 1988
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, 8et on this date at 9:00 A.M. in REGULAR SESSION in Building
-F- of the Government Center, East Naples, Florida, with the
following .embers present:
CHAIRMAN :
VICE-cHAIRMAN:
Arnold Lee Glass
Burt L. Saunders
John A. pistor
Max A. Hasse, Jr.
Anne Goodnight
ALSO PRESENT:
James C. Giles, Clerk; John Yonkosky, Finance
Director; Beverly Kueter, Deputy Clerk; Ron McLemore, Assistant County
Manager; Brian MacKenzie, Assistant to the County Manager; Ken Cuyler,
County Attorney; Tom Crandall, utilities Administrator; George
Archibald, Public Works Administrator; Jay Reardon, Emergency Services
Adaini8trator~ Nancy Israelson, Administrative Assistant to the Board;
and Deputy Chief Ray Barnett, Sheriff's Department.
Page 1
&liG( 113,,1'.s. 01
..-- -'
"-----"q,,,,--
"" 113 fl','. 06
APRIL 5, 1988
(~ere are DO tap.s available for this ...ting due to malfunctioning
equipaent)
xt- f3
AQDDA AJID COKSE1f'l' AGE1fDA - APPROVED WITH CHANGES
CO88issioner Goodnight moved, ..conded by Commissioner pistor and
carried unaniaously, that the Aqenda and Con.ent Agenda be approved
with tb. following changes:
IteJI '5E
Recommendation to establish Volunteer Appreciation
Week - Deleted
Itea '9B5
~esolution re Walkway from Farmworker's Village to
Village Oaks School - Added.
Resolution approving the City of Naples, Florida,
Hospital Revenue Bonds (Naples Community Hospital
Inc., Project) - Continued to 4/26/88.
I tea 1l2C
Itell 114B2
Agreement with Billy Wilkerson for the purpose of
allowing him to use County-owned land to hold acti-
vities for a Rodeo - Moved to Item 19B6
Item 1l4C1
Recognition for Sublease re Clam Pass
Concessionaire Service Providers by or on behalf of
Association of Unit Owners pursuant to Section 23
of Agreement - Moved to Item 19C1
Resolution to establish a Volunteer Recognition
Program - Moved to Item 19E1
Item 114E1
Item 114Fl
Purchase of two hundred T-Shirts by the County to
show support and encourage participation in the
March of Dimes Walkamerica to fight birth defects
in the amount of $780.00 - Moved to Item '9F1
It- 14
KIBtJTES OF KARCH 15, 1988 - APPROVED AS PREBElCTED
coaaissloner Goodnight moved, .econded by Commissioner pistor and
carried unanimously, that the minute. of March 15,1988 be approved as
pre.ented.
Page 2
W'
~1'Þ ,,'
"i'i/;.!
if .'ö"
r . "'"
APRIL 5, 1988
nRVICB AWARDS - PRESEtn'ED
Chairaan Glass presented Employee Service Awards to the following
ellPloyees:
Howard McFee
Road & Bridge
Road & Bridge
10 years
10 years
Carlos Lopez
It.. '58
COlŒIB JOmrSOK RECOG1f1ZED AS EKPLOYEB OF THE MOtfTB FOR APRIL, 1988
Chairman Glass presented a plaque and a $50 check to Connie
Johnson from Building Code Enforcement for being chosen a5 Employee of
the Month for April, 1988.
It- f5C
PJtOCI.AXA'l"IOJI DESIGnTI.G TBB REX OF APRIL 10 - 1', 1988 AS "THB WEEK
OF 'l'1IB YOtl1fG CHILJ)ff - ADOP'l'BD
Following the reading of a Proclamation re The Week of the Young
Child, CO8aissioner Saunders aove4 it. adoption, seconded by
CO8ai.sioner Pistor and carried unanlaously.
&GG~ 113 "AI',t 07
Page 3
. ",----.--.,.. ".....,.".... ...--,-----.,,-.--,----....,-.--.-.. ..-,..- ~._-_.---,-'"._------""-_...,-_."._._-_.."'_..._...,. .-..,.,...
~
APRIL 5, 1988
DBBIGKATIKQ APRIL, 1988 AS "FAIR HOUSING MOIl'l'H" - ADOPTED
Following the reading of a Proclamation re Fair Housing Month,
Co88i..ioner GoOdnight .oved its adoption, .econded by Commissioner
pi. tor and carri.d nnantaously.
túû( 113",.t 09
Page 4
"""""""""""""",----, """,""",,-
APRIL 5, 1988
It.. f'BS
kEBOLU7XO. 88-10 REQUESTIKG LEGISLATIVE COKSIDERATIOH FOR COHSTRUCTION
OF A PZDEBTJUAJI OVERPASS OK S.R. 29 BETWEE1f FARK WOIUœRB VILLAGE AND
VILI..AClB on BCBOOL - ADOPTED
Coø.issioner Goodnight explained that this item was approved at
last week. .eeting, however, no resolution number was assigned.
CO88issioner Goodnight moved, ..coDded by Commissioner Saunders
aDd carried unanimously, that Resolution 88-10 requesting Legislative
consideration for construction of a pedestrian overpass on S.R. 29
between Fara Workers Village and village Oak School, be adopted.
,
Page 5
tGG( 113 '1'.£ 11
--..-"-.-"..,,-,.. "
-" ,
UI( 113nr~ 14
APRIL 5, 1988
xt- f9Bl
DIBCUSSIO1f OP OPEJlIIIG ROADS IK no RIDGE StJBDIVISIOII '1'0
GOODLE'!"rE-FJtAJnt ROAD - TO BE DISCUSSED AQAIII 111 ONE YEAR
Public Works Administrator Archibald displayed an exhibit showing
the Pine Ridge Subdivision, the interior roadway network, and the
roadway perimeters.
He advised that in 1981 the developers to the
east of the Pine Ridge Subdivision agreed to support the extension of
Goodlette-Frank Road for purposes of access to the new developments
and i8proved access to and from the pine Ridge Subdivision.
the developers support included:
He said
1.
2.
Partial acquisition of right-of-way for the new road.
Subsidized cost of litigation against the County to prevent
road construction.
3.
Designed and gained environmental permit approval for the
roadway.
Constructed the extension Ii miles north of Pine Ridge Road.
4.
Mr. Archibald stated that one of the considerations in the 1981
Agcee.ent is the fact that the extension of an arterial roadway would
benefit the new developments, but also the Pine Ridge Road residential
area.
He stated the developers of Woodbridge and Sleepy Hollow pro-
ject. have made a substantial contribution and their position is to
open Coodlette-Frank Road to the north and also open it to the road-
ways connecting it to the Pine Ridge Subdivision.
Mr. Archibald stated that Option II is to open Center Street and
Carica Poad (southern portion) to the Goodlette-Frank Road extension.
Page 6
-
-
-
-."'--..---" --""
APRIL 5, 1988
He said that Goodlette-Frank Road extension was completed in late 1987
and was available to the County, however, he had some concern about
traffic and chose to keep it closed.
Mr. Archibald stated that Option 12 is to keep the side streets
closed because there may be a lot of through traffic.
He said they
are not sure whether the resulting traffic would be internal from the
subdivision or external.
Referring to the Exhibit, Mr. Archibald
pointed out where the future extension of Vanderbilt Beach Road and
Goodlette-Frank Road will be.
He said at some future point in time
there ~ill be access on all four sides of the Pine Ridge Subdivision.
He explained that because there are currently only two accesses to
Pine Ridge, there are a lot of internal trips.
He said as time goes
on and these corridors begin to open up from the internal network to
the external network, the trip lengths will be much shorter which
should result in a slower speed.
Me. Archibald stated the concern is the volume of through traffic
when the streets are opened.
He stated that if the through traffic
was in excess of 1,000 vehicles per day, it would cause a problem
because the streets were built .any years ago and are narrow.
Hr. Archibald advised that he is recommending Option 13, to open
Center Street and conduct a traffic count to see if the residents of
Pine Ridge will use it to shorten their trips or whether they will
receive a lot of through traffic.
He said that if they find that in
addition to the residents, the external traffic is using it for a cut
tfiû~ 113,,1r,[ 15
Page 7
"-"-.-0__" 0" ""."
"G~ 113 pr,i 16
APRIL 5, 1988
through, then it should be closed until the extension of
Goodlette-Frank Road is completed to Vanderbilt Beach Road.
In answer to Commissioner Saunders, County Attorney Cuyler stated
that Hr. Archibald is speaking from a practical point of view rather
than fro. a legal point of view based on the Agreement.
Responding to Commissioner Hasse, Mr. Archibald stated that the
extension of Goodlette-Frank Road to Vanderbilt Beach Road and
I-.okalee Road is in the preliminary stages of determining alignment
and negotiating a design contract.
He stated the road will probably
be connected to Immokalee Road before it is connected to Vanderbilt
Beach Road, due to existing rights-of-way.
Chairaan Glass read a letter from Sheriff Aubrey Rogers stating
that he is in favor of opening Center Street and Carica Road to
Goodlette-Frank Road because it will obviously shorten their response
tille.
In answer to Chairman Glass, Mr. Archibald stated that the
design and permitting process will take approximately 18 months.
Responding to Commissioner Pistor, Mr. Archibald stated that signs
would be posted controlling truck traffic and speed.
The following Pine Ridge Residents spoke in opposition to opening
Center Street and Carica Road citing reasons of endangering the resi-
dents; too much traffic; and the developers have not given a good
r~ason to open these roads; and the opening should wait until
Goodlette-Frank Road has beer connected to the north:
Jim Quigley
George Keller
George Buonocore
Page 8
"'-"'""cc"c.."".-,.c_""" , .,,"...,
APRIL 5, 1988
Tom Maloney
Richard Grant
Gr iff Paine
Mr. Richard Jaeger and Mr. Guy DeLoach spoke in favor of opening
Center Street and Carica Roads citing reasons of traffic improvement
and alternate routes.
Mr. Jaeger read a letter from the North Naples
Fire Depart8ent citing they are in favor of opening these roads to
i8prove their response time.
He also submitted a petition signed by
80 people living in the Pine Ridge area that would like to have the
roads opened.
Mr. Joseph Bonness stated that he is not affiliated with any of
the developers, however, he was a partner in the sale of the land and
never anticipated a problem would arise 7 years later after the deve-
lopers involved have spent more than $700,000 to extend the road for
the County.
He stated that the people against opening these roads are
trying to do, through the Board of County Commissioners, what they
could not accomplish in court.
He stated this group contested the
legality of putting in this road and the Appellate Court said the
County should open it.
He said the interim ~pening scheme creates an
artificial situation and should be done permanently.
He stated the
County encouraged the developer to buy the rights-of-way and build the
road and they even defended the County in a lawsuit.
He said they
should listen to the Sheriff's Department and the Fire Department when
they talk about response time.
Attorney George Varnadoe, -representing Levitt Homes, stated that
tc,¡;( 113"sQ 17
Page 9
---CC_d
."."""'.."-.-."'--.,,...- ,
&w( 113,,1"¡ 18
APRIL 5, 1988
when the Board of County Commissioners approved the agreement with the
developers in December, 1986, the Executive Summary stated the County
responsibility was to do on-site inspection and testing to undertake
signaling at Goodlette-Frank and Carica Roads.
He requested that the
Board consider the message they are sending to the development com-
.unity when they say the developers cannot use the road that the deve-
topers built as contemplated.
He then suggested that both roads be
opened at this time and then be monitored.
the suggestion for truck and speed signs.
He stated he agrees with
In answer to Commissioner Hasse, Mr. Varnadoe stated that at the
ti.e of the Agreement, all concerned thought it was essential to have
a westerly and south~rly entrance.
An unregistered speaker of Monterey stated that build-out is
expected in 5 to lO years.
He said that one of the reasons for con-
necting roads is that they intended to be part of the community and
they would like to be perceived as being part of the community.
He
stated they consider the huge barriers to be a negative effect on
their development.
Ca..issioner Saunders stated that he takes exception to the
inference that the County coerced the devel~pers into building the
road.
He said the County did not compel the developers to build.
Mr.
Varnedoe stated his understanding is that building the road was a
required stipulation and in order to get those projects approved, the
developers built the road.
He said that became the Agreement between
Page 10
APRIL 5, 1988
the developer. and the County and it was tested in court.
Mr. Pat Ryan of National Development Corp., stated they anticipate
breaking ground in the middle of this year and expect a 3; year build
out.
Another brief discussion was held on whether the County compelled
the develo~s to build the road.
eo..issioner Saunders asked County Attorney Cuyler what legal
requiresents are contained in the Agreement?
Mr. Cuyler stated that
he finds no obligation on the part of the County to open the roads at
this point.
He said there does seea to be a general intent that those
roads will be opened eventually and he advised the Board that they
need to .ake the intent of the County clear.
He encouraged the Board
to aake a finding today and specifically state the reasons for their
actions.
C088issioner Saunders stated that he has not heard any compelling
reasons to open the road at this time.
He stated that they have asked
for the expedition of the extension of Goodlette-Frank Road and this
will not be inconsistent with build out of these developments.
He
said that it is his feeling that if the County opens these coads in
two years,-it will not be terribly inconvenient.
Commissioner Hasse stated his feeling that all those roads were
put in to tie into Coodlette-Frank Road, whether now or later, and it
should be done when Goodlette-Frank Road is completed.
Mr. Archibald stated his position remains that if the roads are
tliü' 113,.,.( 19
Page 11
---""""""'-'" "-- .
'10" 113n..¿ 20
APRIL 5, 1988
opened and are used by the people within Pine Ridge, whether now or
later, the roads will handle that volume of traffic. He said that if
heavy through traffic develops, then the County would want to try and
stop that traffic.
In answer to Commissioner Hasse, Mr. Archibald
stated it would take approximately 1 to li weeks to make the traffic
counts and a couple of weeks after that for monitoring.
eo..issioner Goodnight stated her feeling that Pine Ridge is not a
short cut because you need to know your way around it.
She said she
would like to see the traffic count done before any permanent decision
is llade.
She stated her feeling that some of the people in Pine Ridge
need these access points.
C088issioner Pistor stated his agreement with Commissioner
Goodnight.
He stated they need a way to determine if the advantages
outweigh the disadvantages.
He stated it may actually improve the
intersection at Pine Ridge and U.S. 41.
Deputy Chief Ray Barnett, Sheriff's Department, stated that the
8Ost dangerous thing a driver can do is to make a left turn across a
four-lane road.
He said the people of Pine Ridge have to do this
every day and opening Center Street and Carica to Goodlette-Frank
would be most advantageous to them.
He stated he does not believe
that too much of an increase in traffic will be noticed immediately.
He reminded the Board that if they have a car located in Sleepy Hollow
and the Deputy gets a call from Pine Ridge he has to drive 2 miles or
8Ore to get there.
Page 12
.è'
j
J"..
t.~
.~
W~
1t,
f!;
',I<
'to
r
..
.:'
APRIL 5, 1988
Co88issioner Hasse stated he believes it is advantageous to leave
the situation alone for now, as long as there is a timetable of two
years on the rest of the Goodlette extension.
Mr. Archibald stated it
will be 18 ~nths until construction can begin and then it will take
approxiaately 2 years to actually build the road.
Co88issioner Hasse aoved to leav. Center street and Carica Road
closed until Goodle~te-Fran~ Road is completed up to Vanderbilt Beach
Road or I8a0~ale. Road, whichever comes first.
CO8aissioner Saunders stated he would second the motion if
Co8aissioner Basse will acce~t an amendmont to direct Statt to expe-
dlt. the extension of Goodlette-Frank Road and the issue of opening
Center street and Carica Road be discussed iD approximately one year.
Co8aissioner Hasse accepted the amendment and the motion carried
waaniaow.ly.
*** RECESS AT 10:30 A.K.
RECOB'£a~D AT 10:40 A.H. *..
It- '6Cl
COKSIDERATIOB OF AX ORDIKAKCE TO BS~LIBB A SOLID WASTE ADVISORY
COKKITTEE - CONTINUED TO APRIL 12,1988
Coaaissioner Pistor moved, seconded by commissioner Hasse ahd
carried unanimously, that consideration of an ordinance to establish a
Solid Waste Advisory Committee be continued to April 12,1988.
It- f9B2
COKBTROCTIOK DOCt1MElCTS FOR A FR.BIQB'l'/PASSDGER ELEVATOR FOR BOILDING
"F" TO PROCEED - APPROVED
Public Works Administrator Archibald stated that the need and
location report for a freight/passenger elevator in Building "F" has
too~ 113 'sr:r 21
Page 13
-"-, ",--'""""-,,
'* 113 "1r.r. 22
been submitted.
APRIL 5, 1988
He distributed an exhibit showing the four highest
priority proposed locations.
He said the report states the two eleva-
tors do a fairly good job but in consideration of our square footage
and nuaber of floors, there is a need for more passenger service and a
freight elevator for remodeling and moving heavy items.
He noted
there is also a safety factor to consider because at this time
employees are riding the elevator with equipment.
Mr. Archibald advised that the preferred location for this eleva-
tor is on the south side of the building parallel to the existing
stairwell.
In answer to Commissioner Pistor, Mr. Archibald explained that
there is a requirement to have an area that the elevator opens into.
He stated that this door will open against a solid wall.
He said the
ground floor will have a door and subsequent floors will have a
retaining wall.
Mr. John Keschl, Collier County resident, stated that passengers
and freight are not supposed to be on the same elevator.
He asked if
this elevator will conform to State regulations and if it will be
bigger than the prescnt elevators?
Mr. Archibald stated that the elevator will be much larger than
the current ones and it will meet code compliance requirements.
He
stated it will be large enough to handle stretchers for EMS, as well
as large items.
He added that specifications have been developed to
allow the elevator to be used for both freight and passengers.
He
Page 14
.,.,.' '--"."" .,,'"
APRIL 5, 1988
noted that in addition to capacity and design requirements, there are
also require.ents for areas that the elevators open into and the the
next phase will be actual detailed plans and specifications.
Responding to Commissioner pistor, Mr. Archibald stated the eleva-
tor would not be used for freight and passengers at the same time.
Coøaiøøioner Pistor stated that he is not real happy with the II
location, however, if put anywhere else there will be a loss of office
space.
CO88issioner pistor moved, seconded by cO8missioner Basse, to
accept Location 11 and allow Staff and Anchor Engineering to proceed
with Ph.... 11.
In answer to Clerk Giles, Mr. Harold Hall of Anchor Engineering
advised that the doors for ingress and egress will be located in the
øa.e place they exist today and on the ground floor there will be a
door opening to the loading dock.
UpoD call for the question, the action carried unanimously.
It- 1983
KARDTIBO OP COUJITY-ODED GOWEll GAD BSTATES LO'l'S AND AGREBHEN'l' WITH
mBBJIAJI STODS ARKALAVAGE FOR APPRAISALS - APPROVED
Public Works Administrator Archibald advised that Staff, the
Colden Gate Estates Citizens Advisory Committee, and the County
Attorney's Office have established policies and procedures that will
allow the County to advertise for sale the CAC Properties transferred
to the County by Avatar.
He added that the procedures are outlined in
túG~ 113 par,[ 23
Page 15
-"'~.._""-,_..".." ""
to" 113 l'1t.t 24
APRIL 5, 1988
the agenda packet.
Mr. Archibald stated that the procedure would require having an
appraiser on board and Staff has requested that they meet the MAl
requirellent.
He said 5 proposals have been received and Staff feels
CO8fortable with the proposal by Kushaan Stokes Armalavage in terms of
price and response time.
Mr. Archibald advised that after advertising and receiving a con-
tract for purchase, Staff will have the appraisal firm appraise the
property and if the appraisal value is equal to or greater than the
offer, it would be considered a legitimate offer.
He stated that as a
dividing line, Staff feels no offer should be accepted if it is less
than 90\ of the appraised value.
Mr. Archibald stated that the agenda packet also contains a
Contract with the firm of Kushman Stokes Armalavage to perform the
appraisal services on an as needed basis.
Mr. Archibald said it should be noted there are constraints other
than the 90\ requirement.
He said that according to the Agreement
with Avatar, they have First Right of Refusal on any of the properly.
He advised there is also a clause which states that the County cannot
sell more than 200 acres in any 12 month period and hopefully that
goal can be met in the upcoming year.
comaissioner Pistor moved, secoDdeð by CommissioDer Goodnight, that
tb. aarketlng procedures be approved; Kushaan Stokes Armalavage be
cbosen as the approved apprai8ers for this project; and the Chairman
Page 16
APRIL 5,1988
be authorized to sign the Appraisal Aqre..ent.
Mr. George Keller, Cellier County Civic Federation, congratulated
the Colden Gate Estates Citizens Advisory Committee and stated he
hopes the Board will advertise this property during the best part of
the year in order to secure independent bids, rather than selling to
one or two developers.
County Attorney Cuyler stated it should be noted that Clerk Giles'
8e8O points out that this procedure does not strictly follow Florida
Statutes.
Mr. Cuyler stated that this is an unusual set of cir-
cu.stances and it is his opinion that the County does not have to
follow the Statute in this particular case and he doesn't feel that
this property could be sold under the Statute.
He said this is a spe-
cific agreement for specific purposes and he feels comfortable that
the Staff's proposal is in substantial compliance, although not strict
coaapliance.
Clerk Giles stated that he has a problem with not strictly
following the Statute on this iteø.
Mr. Cuyler stated there is no
case law on this subject and he is not aware of any county that is
engaged in this type of situation.
He offered to obtain an Attorney
General's Opinion if the Board wishes him to do so.
Comaissioner Saunders stated that he understands the Clerk's con-
cern, however, he has no problem with following the advise of counsel.
He asked Mr. Cuyler if the Statute defines what is meant by a bid and
if the County gets two or more offers would that be considered a bid?
tGG( 113 '.',[ 25
Page 17
."'-'----- "."
tOG( 113 ""~ 26
APRIL 5, 1988
Mr. Cuyler read the particular section of the Statute and stated that
he has instructed Staff that the closer they can follow the Statute
the safer the County will be.
CoAl8issioner Saunders stated that
arguably the County is complying with the Statute.
Mr. Giles stated that the County also has an option on sections
for parcels of less than 5,000 square feet.
Mr. Cuyler advised the
proble8 with that is the Statute is referring to size when it is a
benefit to the adjacent property owner and is very limiting.
He
stated that from a practical point, the County will be basically in
compliance with the Statutes.
Mr. Richard Braun, Golden Gate Citizens Advisory Board member,
stated that he agrees with Mr. Cuyler.
He said the property is for
the benefit of the people of Golden Gate Estates only and the County
does not really hold title to this property, but rather it is held in
trust.
He stated that the procedure mentioned by Mr. Giles is
lengthy, time consuming, and would not benefit the County or the
people of Golden Gate Estates.
Upon call tor the question, the action carried unanimously.
Finance Director Yonkosky requested the Board to instruct Staff
that any broker fees should not be netted in the closing statement,
b'tt he would prefer to pay them directly.
Page 18
APRIL 5, 1988
It- UB4
tJTILI'l'Y 7tCQUISITIOJl PROJECT, COIl'l'RACT .XTH MR. JOSEPH FIXEL FOR
OUTSIDB COUBSEL, AND BIDDIHG PROCEDURES WAIVED FOR APPRAISAL SERVICES
- APPROVED
Public Works Administrator Archibald explained that the County is
entering the third phase of land acquisition for the East and South
Naples Sanitary Sewer Collection System project and needs to acquire
approxi.ately 250 ease=ents in the next six months.
He advised that
ease.ent locations ~re being identified by Hole, Montes & Associates
and sketches are being prepared by Wilson, Hiller, Barton, 5011 &
peek, Inc. with ownership and encuøbrance searches being done by
Lawyers' Abstract Service.
Mr. Archibald stated that the agenda packet contains an outlined
procedure involving approval of the project as a whole~ authorizing
the Real property Management Department to prepare and accept any dona-
tions without coming back to the Board~ allow Staff to utilize the
current approved appraisers list and waive competitive bidding proce-
dures; and allow Staff to negotiate a contract with Attorney Joseph
Fixel who has represented the County for many years in condemnation
suits.
He noted that if any resistance is received, those particular
ease.ents will be brought back to the Board.
CO88issioner pistor aoved, seconded by comaissioner Goodnight and
carrie4 unanimously, that the project be approved; staff þe authorized
to record executed 4ocuaents witb tbe Clerk of Court; bidding proce-
dures for appraisal services be waived and authorize Staff to utilize
Uû' 113,~( 31
Page 19
'", .
-----""'.
"" 113 rv.J. 32
APRIL 5,1988
currently approved appraiser list; approve Attorney Joe Fixel as out-
side ~el for this project and authorize staff to negotiate an
agre"'Dt for Board execution; and authorize staff to process the
Dec.ssary buðqet ..enðaent8.
It.. '9B'
ACnŒEIŒJI"l' WI'1'B BILLY 1fILDRBOII FOR ~ gaB OF COUlCTY-Olf1t£D LAm) '1'0
BOLD ACTrvITIES FOR A RODEO FOR THE PERIOD KARCH 25 '1'0 APRIL 18, 1988
- APPROVED
Public Works Administrator Archibald stated that Mr. Billy
Wilkerson has requested the use of a portion of the Immokalee Airport
to hold a rodeo.
He said this request has been approved in past years
and the prepared agreement is the standard lessee agreement.
He noted
this operation will not interfere with the operation of the airport.
CO88issioner Haase aoved, seconded by Coaaissioner Saunders and
carried unanimously, that the Agre..ent with Billy Wilkerson for the
u.e of County-owned land to hold activities for a rodeo for the period
of Karch 25 to April 18,1988, be approved.
Page 20
"
---- "-'-
tOG.( 113 PV-t 38
APRIL 5, 1988
It.. f'Cl
Aau~r FOR. I.PPROVAL OP SERVICE PROVIDERS tnmER CLAM PASS COHCESSION
AGRB~ - APPROVED
Public Services Administrator O'Donnell stated this Agreement is
being presented to comply with the Clam Pass Concession Agreement
which states that any other providers .ust be approved by the Board of
~unty eo.missioners.
He stated the AVO has deemed it appropriate to
continue to operate the food facility and sublet the beach and water
operations to Adventures in Paradise, Inc.
sublease requires the Board's approval.
He stated that this
Mr. O'Donnell stated that he has personally received the AUO
Escrow Money of $450,000 and turned the check over to the Finance
Depa r tJ8en t .
co.aissioner Pistor stated that according to Clerk Giles' com-
8ents, the AUO has not paid any sales tax to the County since January,
1987.
Mr. O'Donnell stated this was a misunderstanding that they did
not have to pay this directly to the County, however, that has been
straightened out.
He stated they have found out that paying the sales
tax to the County is a legal requirement and they have stated they
will comply.
coaaissloner Pistor moved, secoDded by Commissioner Goodnight and
carried unanimously, that the Reqistry Hotel, as the operating agent
for the food and facilities operations and responsibilities at Clam
Pass Park be authorized to enter into a sub-lease with Adventures in
Page 21
------, -
APRIL 5,1988
paradi.e, Inc. to operate tho beacb and water operation on behalf of
the AVO at claa Pass Park.
~Oü( 113 P1~ 39
Page 22
Uû( 113,v,l 40
APRIL 5, 1988
It- I9F1
PAnŒJI"l' FOR pURCHASE OF 200 T-SHIRTS TO SHOW SUPPORT AND ENCOURAGE
PAftXCIPA'rIO. IX THE MARCH OF DIKES nLJtAJŒR1CA TO FIGHT BIRTH DEFECTS
- AJkT:a:J1~1l SOURCE OF Ft1ØDS TO BE FOU1ID
commissioner pístor stated that the Board is being asked to use
tax ~ney for a charitable contribution.
lie stated his feeling that
tax ~ney should not be us~d in this ~nner.
commissioner Saunders stated that he is Honorary Chairman of the
March of Dimes this year, but he does not want to spend tax dollars on
this either.
He stated they need to find a way to pay for the
T-Shirts through contributions.
He requested that Assistant County
Manager McLemore meet with him to discuss alternatives.
xt- I9B1
coøSIDERA'rIOB OF RESOLUTIO. TO ESTABLISH A VOLUKTEER RECOGNITION
pJtOGRAK - COIITIIWED
Commissioner Pistor st5ted that he requested that this item be
re80ved from the Consent Agenda because he feels further explanation
is needed.
Human Resources Director Whitecotton stated that this resolution
is in recognition of volunteers that are giving their time to Collier
County Government, primarily in Emergency Management.
He stated Staff
would like to have a luncheon and a number of other activities to
thank these volunteers and it will coordinate with National Volunteers
week.
Assistant County Manager McLemore advised that volunteerism has
Page 23
APRIL 5, 1988
becO8e increasingly important in the last few years in light of finan-
cial crises.
He said Staff's position was that Collier County needs
a better way to recognize the people who substantially contribute to
the County.
C~issioner Saunders stated we need to recognize the volunteers
and he would like to see some type of more formal recognition,
however, it is his feeling that this is a little rushed.
He suggested
continuing this item to allow more time to develop the program.
He
noted that it is very worthwhile, however, he does not believe that it
needs to be in conjunction with the National Week.
CO8missioner Pistor stated he agrees with Commissioner Saunders
and said if the Board is going to do this, they would like to do it
right.
He also stated that the timing does not give enough notice to
the volunteers themselves to be in attendance.
eo.aissioner Saunders moved, secoDded by Commissioner Pistor and
carried unaniaously, that .stablishaent of a Volunteer Recognition
proqraa be continued to allow other OptioDS to be explored and more
Dotice qiven.
It.. flU1U
B~ AKENDMEHT8 88-174,88-180,88-187,88-191,88-194,88-199,
88-206,88-209/210,88-215,88-224,88-229,88-230, 88-234,88-248,
88-251,88-257,88-262,88-264/266 - ADOPTED
Coaaissioner Goodnight moved, seconded by Commissioner Saunders
and carried unanimously, that Budget Amendments 88-174,88-180,
88-187,88-191,88-194,88-199,88-206,88-209/210, 88-215, 88-224,
Page 24
~(ìû' 113 'VÆ 41
M ..-....---... .....,
~ 113 "V~ 42
APRIL 5, 1988
88-229,88-230,88-234,88-248,88-251,88-257, 88-262, 88-2'4/26', be
adopted.
xt.. fl1C
BtrDGE'r AKBJIDJŒn RESOLO'1'IOIt 88-24 - ADOP'l'ED
Coaaissioner Goodnight aoved, seconded by Commissioner Pistor and
carried unaniaously, that Budget "'endaent aesolution 88-24 be
adopted .
Page 25
tGG( 113"1"£ 44
APRIL 5, 1988
It- f12A
UBOLU'fiOJl 88-71 APPOIJrlI.G THOMAS P. RIDDLB, ROGER P. IIARVBY, GLENN
E. BBRDTB, WILLIAM U. Ft71Ot, A1fJ) DOUGLAS G. McAUSLAND TO THE WIGGINS
PASS AUA ADVISORY COMKITTBE
Ad.inistrative Assistant to the Board Israelson advised that this
resolution will appoint the initial ..-bers to the Wiggins Pass Area
Advisory Coa.ittee to assist in conducting the business affairs of the
taxing unit which was established for the maintenance dredging of
Wiggins Pass and other channel areas.
She stated the Committee will
consist of 5 members with representation consisting of:
One member serving with belonging to and recommended for
appointment by the Commander of the U.S. Coast Guard
Auxiliary - Flotilla 196 for a three year term
One member from the general Area -A" for a three year term.
Two members fro. general Area "B" for a two year term.
One member from general Area .C. for a one year term.
Mrs. Israelson stated that after the initial terms expire each
appoint.ent or reappointment will be for a term of four years.
She
noted that Mr. Thomas P. Riddle is the person recommended by the
CO88ðnder of the U.S. Coast Guard Auxiliary - Flotilla 196.
She noted
there are also two resumes received from applicants that do not reside
within the taxing district and they are not eligible for appointment.
Chairman Glass reminded everyone that this is not a hearing on the
.erits of the MSTU, but merely the appointment of the Advisory
Co..ittee members.
He requested that comments be limited to that sub-
ject.
The following people spoke on the merits of the MSTU:
Page 26
-
-
-
"~"'---,'""_._"v,, ",,",-, "'---"-"'_""""----"
~ ,---.-,----.....-'...."
APRIL 5, 1988
Mr. Na than Levy
Mr. Reuben Craig
Mr. Bi 11 Bergan
Ms. Delores Johnson
The following people requested that the Board be certain that the
meœbers appointed to the Advisory Committ~e are in favor of the MSTU:
Mr. William Funk
Mr. Harold Tassinary
Mr. George Keller
Mr. Newton H. Howeo
Mr. Ed Buckler
Mr. Lee Frink
Mr. John Gebo
Mr. Roger Paul Harvey advised that he is a Charter Back-Bay
Fishing Guide and he would like to be appointed to this Advisory
eo..ittee.
Mrs. vi Barklay, Vanderbilt Beach resident, stated that she
received a copy of the Creen Sheet from the Army Corps of Engineers
and the wording is quite different than that of the County Ordinance.
She said the Corps refers to navigation and the County Ordinance
refers to maintenance.
She also stated that she would like the
C088ittee to obtain a non-biased group to make a study of the water
quality in the area, because the people are entitled to that type of
inforaation before a program like this begins.
County Attorney Cuyler stated that he has not seen the Green Sheet
from the Corps, however, he will look into it and will be glad to
answer Mrs. Barklay's question.
Commissioner Saunders stated that he must disagree with the
Page 27
tí.G' 1131'11".[ 45
: tCG' 113 P1'.t 46
APRIL 5,1988
speakers who want the entire Committee to be in favor of the MSTU.
He
stated his feeling that it is important to have a cross section of the
cO1IIØIUnity.
He said the first duty of this Committee will be to con-
duct a survey to determine s'Jpport, and they will focus on the best
ways to accomplish the task.
He stated that 1£ support is determined,
he is sure that any members of the Committee who are not in favor,
will also focus on the best ways to accomp~ish the task, if that is
what the ~jority of the Community wishes.
The following aotions were ..de adoptinq Resolution 88-71
Appointing 5 Meabers to the Wiggins Pass Area Advisory Committee:
CO88issioner Saunders aoved, secoDded by C088issioner pistor and
carried unaniaously, that Thomas P. Riddle, as the Coast Guard repre-
seDtative, Mr. aoqer P. Harvey, and Mr. Glen Bernath be appointed to
the wigqiDS Pass Advisory coaaittee.
CO8aissioner Saunders moved, to appoint Mr. william Funk and Mrs.
vi Barklay to the wiggins Pass Area Advisory comaitt.e.
Mrs. Barklay advised that she will be out of town from April 22,
1988 to May 10, 1988 and that she does not go out at night.
CO88issioner Saunders withdrew hi. aotion.
eo.aissioner Saunders aoved, seconded by commissioner pistor and
carried unanimously, that Mr. Willi.. U. Funk be appointed to the
Wiggins Pass Area Advisory Co..itt...
coaaissioner pistor moved, seconded by Commissioner Goodnight and
carri.d unanlmously, that Mr. Douglas KcAusland be appointed to the
wiqqin. Pass Area Advisory co..itte..
Page 2.8
-
-
-
,,-,--~
----
~ 113 w~ 48
APRIL 5, 1988
It.. f12B
DISCUSSIOW OF BCC SUPPORT FOR PROFESSIOKAL 3ABEBALL IN COLLIER COUNTY
- COUJITT ATTORXEY DIREC'l'ED TO DRAI"l' JŒBOLUTtOJf
Chairaan Glass stated that he added thi3 item to the Agenda
because he was requested by the Chamber of ~ommerce to support
obtaining a professional baseball tea. for 3pring training in Collier
County.
He stated that Commissioner Pistor has been very active in
this endeavor and it is a worthy cause for 3tudy and discussion.
eo..issioner Pistor stated that if they put together a resolution
showing that the Board and the people of Collier County support
obtaining a baseball team for spring practi~e, the Board would have to
reinstitute the Tourist Development Council to work on the Tourist
Developgent Tax which could be used for con3tructing the complex and
other things.
He not~ they only have to l.>ek at what Lee County has
done with their Tourist Development Tax 8On~ to see its benefits.
Co88i..ioner pi.tor aoved, seconded by Commi.sioner Qoodnight and
carried unanlmously, that the County Attornsy be directed to draft a
resolution shoving the Board is interested in trying to attract a pro-
fe.sional ba.eball te.. to Collier County f~r spring training, and
briDq it back to the Board.
CO8AIissioner Hasse stated that he would also like to know how a
facility of this type will impact Collier C~untyts facilities.
coaaissioner Pistor moved, seconded by Commissioner Saunders and
carried unanimously, that the County Attorney be directed to prepare
an ordinance establishing the Tourist Development Council.
Page 29
"."---'-'"
APRIL 5, 1988
* * *
eo.ais.ioner pistor 8oved, seconded by comaissioner Goodnight and
carried unani8OUsly, that the followinq it... be approved and/or
adopted under the Consent Agenda:
* * *
I'lEX f14B1
BID 188-1223 FOR MILLIBG OF ABPHALœ ROADWAYS AWARDED TO TURTLE
SOtrl'BEAST, IIIC .
ITEK 114B2 - MOVED TO 9B'
I'lEX f14B3
PUBLIC HBAKXøO SET FOR APRIL 19,1988 TO COØSIDER AWARDIBO A
CERTIFICATE OF PUBLIC COBVE1lIEBCE AJID IŒCESSITY TO EXECUNET
'l'RAJIS PO RTA'I' 1 0 B S Y S T EHB
It- ,14B4
ACCBPrAJICB AJID RECORDIBO OF QUITCLADI DEED AlID TWO PARTIAL RELEASES
FOR ROAD RXGBT-OF-WAY, LIT'l'LE RED CABOOSB, JKC. mnrED BY LARRY BASIlt
See Pages Documents not recei~ed as of 04/14/88
ITEJI 114B5
AL'rERD'rIVB 11 LAJmSCAPB DESIQ1fS FOR ':rBB IlEJ.LTB SERVICES BUILDING TO
BE LOCATED IK THE JfORTJŒ1UI , EAS'I'E1Uf AJŒA OF THE GOVE1UQŒ1IT CElCTER
I'I'BIJ f14C1 - MOVED TO 9Cl
I'1'EJI 114D1
ACCBPTAJICE OF WATER FACILITIES - SDCRBST SCHOOL, PHASE I OF tJØITY
DY
Recorded in O.R. Book 1340. PðgeS 363-374
I'1'BII 114D2
ACCBPrABCB OF ST. MORITZ CONDOMIK1UM DTER FACILITIES
Recorded in O.R. Book 1340. Pæges 375-386
ITEII 114D3
ACCBP'I'AØCE OF VINEYARDS, PHASB 1 - UBI'I' 1 - WATER FACILITIES
tOIi~ 113 P"~E '49
Page 30
"'" 113 ~'~ ~O
APRIL 5, 1988
Recorded in O.R. Book 1340. Pa~es 2253-2265
I'I'EK f 14 D4
AUTBOJl1D'1'1OJ1 FOR UTILITIES STAFF TO RBQtJEB'l' PROPOSALS FOR PROJECT AND
GRAft ADlaJl1BTRATIOB AcnvITIES ABD APPROVAL OF STA.1'7 COKStJLTAJrr
SBLEC'lXOJI COKKIT'l'EB
I'I'EK f14E1 - MOVED TO '9Bl
XTBK 1141'1 - MOVED TO "1'1
n'EII f14C11
CJ!Ut~InOTES FOR CORRBC'lXOJl TO TBJ: TAX ROLLS
1987 TANGIBLE PERSONAL PR~PERTY
Nos. 1987-95-100
I'l'EJI'14C12
Dated 3/22-28/87
GAX8 ~ FOR IKKA'fES MOS. 21701,2432', AXD 48935
It- '14G3
SATISFAC'fIOK8 OF LIEJI FOR PUBL:C DB'..OER
See Pages -~ 3 -..s 7
I'rBII'140
JUSCELLAlfEOUS CORRESPOlfDE!fCE FILED AJID/OR REFERRED
There being no objection, the following =orrespondence was filed
and/or referred to the various departments a3 indicated below:
1.
03/24/88 Letter from Earl H. Parmer, Director, Division of
Housing and Community Development, 3dvising that our appli-
cation for funding under the Anti-Drug Abuse Criteria was in
error and an appeal must be filed. Referred to Neil
Dorrill and filed.
03/01/88 Letter from James L. Quinn, Chief, Bureau of Local
Planning, Department of Community Affairs, re contract bet-
ween the DCA, Collier County and th~ City of Naples which
2.
Page 31
10.
ITmI'14Bl
APRIL 5, 1988
provide Reserve Funds for the development of ð special pro-
ject (Comprehensive Plan). Referred to Neil Dorrill and Tom
Olliff, with attachments and filed.
3.
03/22/88 Final Order from the Department of Natural Resources
regarding application of the Gulfview Apartments of Marco
Island for a coastal construction control line permit in
Collier County, Permit No. CO-169. Referred to Neil Dorrill,
Dr. Proffitt, Tom Olliff and filed.
03/21/88 letter from Virgil Choate, Correctional Officer
Inspector II, Florida Department of Corrections regarding
Immokalee Stockade Inspection Report dated 03/15/88.
Referred to BCC, Neil Dorrill and filed.
4.
5.
Letter date1 03/2l/88 from Freidin 'Hirsh, P.A. to EMS, re
Liberal v. Department of Emergency Medical Services, etc.,
et al. Referred to Neil Dorrill, ¥en Cuyler, Jay Reardon
and filed.
Letter dated 03/07/88 from Bill Fussell, Chairman, Lee
County Commission, re jail overcrovding and expansion of the
current jail capacity. Referred to Neil Dorrill and filed.
6.
7.
Minutes:
Filed.
8.
03/30/88 - Agenda - CCPC/CAC
03/01/88 - Marco Island Beautification Board
Notice to Owner dated 03/23/88 fron Armadillo Plate Glass,
Inc., advising that glass glazing store front has been fur-
nished for the improvement of the t~rco Island Library, under
an order given by Cornerstone General Contrs. Referred to
Neil Dorrill, George Archibald and filed.
9.
Letter dated 03/27/88 fro. Theodore P. Litwin, president,
Sandpiper Bay Club, Inc., attaching a petition with signa-
tures requesting that a sidewalkjblkepath and street lights
be extended from the entrance to Royal Harbor along the south
side of Marlin Drive to Palm Street. Referred to BCC,
Neil Dorrill and filed. .
Letter dated 03/24/88 from Guy L. Carlton, Tax Collector
enclosing a copy of Ordinance 87-17, which increases vessel
registrations by 50\, effective June 1, 1988. Referred to
Neil Dorrill, Lori Zalka and filed.
aGO' 113,¡r,t 51
Page 32
"" 113 w,¡ 52
BOARD OF COUNTY COMMISSIONERS/
BOAP.D OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
APRIL 5,1988
REBOLO'rIO1I 88-72, CAlfCELLIBca 'l'1ΠACCRUAL O~ AD VALOREM TAXES OR THE
3.5 ACRES OF LARD DEEDED TO COLLIER COttKTY BY WESTIBGBOOSE- ADOPTED
See Page!Þ .5 ~ - 6 .3
...
There being no further business for th~ Good of the County, the
8eeting was adjourned by Order of the Chair - Time: 12:25 P.M.
A T'l'EST :
JAMES C. GILES, CLERK
/fr: 4: ". j ~< f) .C -
These minutes approved by the Board on
as presented ~ or as corrected
t2--d ¿ ./::J.&
ARNOLD LEE GLASS, CHAIRMAN
~c2C:,ð//
Page 33