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BCC Minutes 03/15/1988 R Naples, Florida, March 15, 1988 LET IT BE REMEMBERED, that the Boðrd 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 çonducted business herein, met on this date ðt 9:00 A.M. in REGUL~R SESSION in Building -F- of the Government Center, East Naples, Florida, with the following members present: CHAIRMAN: Arnold Lee Glass VICE-CHAIRMAN: Burt L. Saunders John A. Pistor Max A. Hasse, Jr. Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Beverly Kueter and Ellie Hoffman (1:30 p.m.), Deputy Clerks; Neil Derrill, County Manager; Ron McLemore, Assistant County Manager; Ken Cuyler, County Attorney; Tom Crðndall, Utilities Administrator; George Archibald, Public Works Administrator; David Weeks, Dwight Nadeau, and Philip Scheff, Planners; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 ~DD( 112 P~';[ 92 'OG~ 112 F1';[ 99 Tape '1 Itea '3 MARCH IS, 1988 AGEKDA ARD CONSENT ~GEND~ - ~PPROVED WITH CH~TGES comaiasioner Piator moved, seconded by Commissioner Goodnight and carried unanimously, that the Agenda and Consent ~genda be approved Item '6A4 with the following changes: Item I7B1 Item' 8C Item '9B4 . Item 19D1 Item 19F2 Item 19F3 Item #1 OA Item H 2G Item 112fl Item H2I NUC-88-lC, George W. Shepard & Son, Inc. requesting non-conforming retail business "The Tennis Attic" to lease in a C-l District - Deleted. PU-87-24C - Continued to AprilS, 1988 Sunrise Academy requesting a w~iver of permit fee Deleted. Contract with APAC, Inc. for access and road impro- vements in accordance with State grant for Little Red Caboose Project - Added. Authority for the County Manager to execute the Rond Purchase Agreement for the conversion of $18,000,000 Capital Improvement Revenue Bonds - Added. Resolution Authorizing the establishment of the positions of Development Services Director, and Development Services Project Manager - Added Review of Advisory Boards ðS per Ordinance 86-41 - Added and then Deleted. R~~ucsl for direction on finalizðlion of Littering and Prowling Ordinance and the No-Camping Ordinance - Added. Determination by Vote whether there is sufficient interest in a request for a public hearing by the Committee Against Censorship in Libraries - Added Discussion regarding County Barn Road site for the homeless - Added. Discussion of Lely Beact". Parking Lot Page 2 ._---'_."'-' " MARCH IS, 1988 Item U4Cl Revised Library Advisory Board Bylaws - Deleted. County Manager Dorrill stated that the Board Workshop regarding improper well construction which was scheduled for March 17, 1988 has been continued to March 29, 1988 at the conclusion of the regularly scheduled Board meeting. It.. (Added) AlOfOU1fCEKEJrT OF C. C. AKERICAJC DIABETES ASSOCIATION ~UCTION Mr. George Keller, announced that the Collier County Chapter of the ^~rican Diabetes A3so~iðtíon will be holding a fund raising auction on March 26, 1988 at the Buena Vist~ Retirement Home. It.. 15 RBTIREXEWT P~QUE PRESENTED TO P~UL ST~RNES Chairman Glass presented a retirement plaque to Paul Starnes for his service to the County from 1977 to 1988 in the Purchasing Department. Itea f4 MINUTES OF FEBRU~RY 9, 16, 23 AND KARCH 1, 1988 - ~PPROVED AS PRESENTED commissioner Goodnight moved, seconded by Commissioner pis tor and carried unanimously, that the minutes of February 9, 16, 23 and March 1, 1988, be approveð as presented. Itea UBI ORDINANCE 88-30, R-S7-35C, WILSON, MILLER, BARTON, SOLL , PEEK, INC., REPRESENTING WILLIAM KLOHN, TRUSTEE, FOR REZONE FROM ~-2, ~-2 "ST" ~ND C-4 TO PUD "COCOHATCHEE RIVER TRUST" - ADOPTED Legal notice having been published in the Naples Daily News on February 12, 1988 as evidenced by Affidavit of Publication filed with Page 3 ~DD( 112 Plr.£ 100 -".....-.---,." LOO~ 112 Fn 101 MARCH IS, 1988 the Clerk, public hearing was opened to consider an ordinance amending Ordinance 82-2 by amending the Zoning Atlas Map Number 48-25-5 by changing the zoning classification of real property from A-2, A-2 "ST" and C-4 to -PUD" known as Cocohatchee River Trust. Planner Nadeau stated the subject property is located in the Northwest quadrant of U.S. 41 and Walkerbilt Road, consisting of 8.66 acres and a 160 unit hotel/r~staurant development is proposed. He said the complex will be located in the northern part of the property In order to use the Cocohat~hee River as an amenity. He then gave the surrounding zoning and land uses. Mr. Nadeau advised that Staff has determined that the request is in compliance with the Comprehensive Plan, providing the petitioner complies with stipulations. He stated the subject property is separated from a mobile home park by a 300 ft. undeveloped parcel zoned A-2. He stated Staff has determined that this vacant property would be appropriate for single-family residential uses, and has required additional buffering of the petitioner. Mr. Nadeau reported that the CCPC held their public hearing on February 18, 1988 and forwarded this petition with a unanimous recom- mendation of approval, subject to stipulations. fie said there was no public comment and no correspondence has been received. He said Staff recommends approval. In answer to Commissioner Goodnight, Mr. Nadeau explained that the vacant property between the subject property and the mobile heme Pðge 4 "-..-.. "."".".-"" ....".. ""- MARCH IS, 1988 park is zoned A-¿, however, this property is probably more appropriate for single-family residential. He explained that, because of that possibility, a more substantial buffering requirement has been stipu- lated than that r-quired in Section 8.37 of the Zoning Ordinance. Mr. Alan Reynolds, of Wilson, Miller, Barton, SolI & Peek, Inc., representing the petitioner, stated that a number of conditions have been resolved with Staff and there ar~ no outstanding issues. coaaissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that the public hearing be closed. co..issioner pistor ~oved, seconded by commissioner Goodnight and carried unanimously, that the ordinance as numbered and titled below, be adopted subject to staff stipulations and entered into Ordinance Book Ho. 30. ORDINANCE NO. 88-30 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS (-"OR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY N'IENDING THE ZONING ATLAS MAP NUMBER 48-25-5 BY CHANGING TilE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FRor'l A-2, A-2 "ST" AND C-4 TO "PUD", PLANNED Uti IT DEVELOI'M(-~tH, KNOWN AS -COCOIIATCIIEE n I VER TRUST" FOR A 160 UNIT HOTEL/RESTAURANT DEVELOPMENT FOR PHOPERTY LOCATED IN TIll:: NORTHWEST QUADRANT OF US-41 AND WALKERBILT ROAD, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, 8.66 ACRES; AND PROVIDING AN EFFECTIVE DATE. !OD'{ 112 PAr,l 102 Page S MARCH IS, 1988 Itea '6B2 ORDIKAØ~ 88-31, R-87-37C, WILSON, MILLER, B~RTON, SOLL , PEE~, INC., REPRESENTING WOODSIDE LANES, INC., FOR REZONE FROM C-2 TO PUD FOR AN I~~R BOWLING F~CILITY - ~DOPTED Legal notice having been published in the Naples Daily News On February 12, 1988 as evidenced by Affidavit of Publication filed with the Clerk, public hear;ng was opened to consider an ordinance amending Ordinance 82-2 by amending the Zoning Atlas Map Number 49-26-8 by changing the zoning classification of real property from C-2 to "PUD", Planned Unit Develop~ent, known as Woodside Lanes, Inc. for an indoor bowling facility for property located on the north side of Radio Road approximately 900 feet west of the intersection of Davis Boulevard and Radio Road, in Section 34, Township 49 South, Range 26 East. Planner Scheff gave the surrounding zoning and land uses and stated the subject property consists of approximately 5.01 acres. He said this request is to allow construction of an indoor bowling faci- lity and ancillary uses. fie stated the petitioner anticipates 40 bowling lanes, billiards area, snack bar, lounge, etc. Mr. Scheff stated Staff finds the request to be in compliance with the Comprehensive Plan as the Plan recognizes existing zoning in place when the Plan was adopted as being in compliance. lie said Staff also finds the proposed PUD for the bowling alley is a lower intensity use than the existing C-2 zoning. Mr. Scheff advised that the CCPC held their public hea[ing on February 18, 1988 and forwarded the petition with a unanimous (7-0) Page 6 ~Cú~ 112 FS'.~ 108 "".,-,--_.., , ,.--- .--.,. "'."'."'--'._""-"""""" . "-"'-" .""".. LC'~ 112 Fl'.~ 109 MARCH 15, 1988 re~ommendation of approval, subject to Staff stipulations, and the deletion of Stipulation "K". He stated there was no public comment at the aeeting and no correspondence has been received. Mr. Alan Reynolds of Wilson, Miller, Rarton, Soil & Peek, Inc., representing the petitioner, stated they are in concurrence with Staff . Responding to Commissioner Pistor, Mr. Reynolds explained that Stipulation "K" referred to aligning the subject driveway with that of the auto dealership, however, it was determined to be unnecessary because the access does not align with either of the driveways serving the auto dealership. Coaaissioner pistor moveð, seconded by Comm~ssioner Goodnight and carried unanimously, that the public hearing be closed. 'Commissioner Pistor moved, seconded by Commissioner GOodnight and carried unanimously, that the ordinance as numbered and titled below be adopted subject to stat! and CCPC stipulations and entered into Ordinance Book No. 30. ORDINANCB RO. 88-31 AN ORDINANCf~ AMENDING ORDINANCE 82-2, TilE COMPREIIENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, n.oRID,\, BY AMENDING THE ZONING ATLAS MAP NUMBER 49-26-8 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REIIL PHOPERTY FROM C-2 TO "PUD", PLANNED UNIT DEVELOI'HENT, r.flry..¡r¡ t,S WOODS I DE LANES, INC. FOR AN I NDOOH Ba.-/LING F/ICI LrTY FOR PROPFRTY LOCATED ON THE NORTII SIDE OF RADIO ROAD API ROXIMATF:LY 900 FEET WEST or TilE INTERSECTION or" DAVIS BOULEVARD AND RADIO ROAD, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, 5.01 ACRES; AND PROVIDING AN EFFECTIVE DATE. Page 7 1 ;: ~ ¡( ',j ~, '. ',.; tCG~ 112 ,.!",~ 113 MARCH IS, 1988 It.. '6B3 ORDINANCE 88-32, PDA-88-1C, COMMUNITY DEVELOPMENT DIVISION, AMENDING ORDINANCE 87-30 DY AMENDING THE INTERNAL ROADW~Y DESIGN~TIONS FOR WEST CROWN POIItTE POD - ADOPTED Leçal notice having been published in the Naples Daily News on February 12, 1988 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 84-90, as amended by Ordinances 86-3 and 87-30, West Crown pointe Planned Unit Development, by amending Section 3.3, Project Plan and Land Use Tracts; by amending s~ction 7.2, Tract "D", Utility and Roadway Easement; and by amending Section 8.13, Street Construction. Planner Nadea~ stated that this amendment will allow the roadways to be changed from public to private, and was initiated by Staff to clarify which roads are private and which are public. He gave the surrounding zoning and land uses. He noted that this petition was to be þeard in conjunction with a petition for a vacation of road right- of-way for the internal proposed private roadway which surrounds the existing lake, however, the vacation was approved by the Board on February 9, 1988. Referring to a map, Mr. Nadeau pointeJ out that only the roadway surrounding the lake will be designated as private and the roadways which connect with Davis Doulevard and Crown Pointe PUD will remain public and comply with the standards contained in the Right-Of-Way Ordinance 82-91. Mr. Nadeau advised that the CCPC held their public hearing on Page 8 MARCH IS, 1988 February Ie, 1988 and forwarded this petition with a unanimous recom- mendation of approval. lie said Staff is recommending approval due to the minor nature of the amendment and because it does not change the character or the density of the PUD. He added there was no public co~nt at the CCPC meeting and no correspondence has been received. In answer to Commission~r Pistor, Public Works Administrator Archibald stated that the roads will be built to current County stan- dards, however, the right-of-way width will be narrower than required for public roads. He explained that as long as the water management and access improvements are the responsibility of a private party, and the roads are private, the County is only concerned with the actual road construction itself. Tap. U A brief discussion was held on the need for sidewalks or bike- paths, and Commissioner Pistor pointed out that Page 39 of the PlJD document provides for walking trails throughout the property, however, they may not be parallel to the roadways. Mr. Nadeau stated that Page 19 of the PUD document requires a bikepath easement when and if needed as part of County or State bike routes. Commissioner Hasse moved, seconded by Commissioner pistor and carried unanimously, that the public hearing be closed. commissioner Hasse moved, seconded by Commissioner pistor and carried unanimou~ly, that the ordinance as numbered and titled below b. adopted with statt stipulations and entered into Ordinance Book No. 30. ~OD~ 112 w.£ 114 Page 9 &OO~ 112 F1',;: 115 MARCH IS, 1988 ORDIN~NCE NO. 88-32 AN ORDINANCE ~IDING ORDINANCE 84-90, AS AMENDED BY ORDINAPlCES 86-3 AND 87-30, WEST CROWN POINTE PLANNED UNIT DEVELOPMENT, BY AM~:HDING SECTION 3.3, PROJECT PLAN AND LAND USE TRACTS; OY AMENDING SECTION 7.2, TRACT D: UTILITY AND ROADWAY EASEMENT; AMENDING SECTION 8.13, STREET CONSTRUCTION; Arm BY PROVIDING AN EFFECTIVE DATE. Itea f6Cl RESOLOTIOK 88-49, PIN^L ~SSESSHENT FOR THE BLUE HERON W~TER SERVICE 8PECI~L ASSESSMENT DISTRICT - ~DOPTED Legal notice hðving been published in the Naples Daily News on Fehruary 28 and ~arch 6, 1988 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the con- fir~atlon of the preliminary assessment roll against the properties that are specially benefited by the Blue Heron Water Service Special Assessment District. Utilities Engineering Director Madajewski stated that the Blue Heron Water Service Special Assessment District was created on April 8, 1986 and Staff was authorized to proceed with the engineering design a~d construction of the project. He stated the project has been completed, the properties have been notified to connect, the final costs have been assembled and prepared the prelimin~ry assessment roll. He added that each of the benefited properties were notified in writing of today's h~aring and the preliminary rate of assessment for their properties. Mr. Madajewski stated that two issues were brought to the Board at the April 8, 1986 meeting: I) a number of properties along the i r Page 10 J '~ r; i " . '-------'-'" , '" MARCH IS, 1988 westerly side of the project lose part of their front footage because of a canal that runs along the properties. He stated Staff has researched each of these properties and find there is no formal canal d~dication to the County on the property, but each will lose the use of their land because of the c~nal to make the area drain; and 2) the owners of Parcel 12 and Parcel 12.1 objected to being included in the district because they already receive water service from the property next door, originally known as Royal Palm Golf Estates. He said water service to these properties was not formally approved for connection when the property was built, but there was a special agreement between Isle of Capri Water Works and the Board of County Commissioners because the Royal Palm project lies outside the Isle of Capri service area. He said the Board granted them the right to extend the main to the project with a stipulation that no other connections be made to that main unless it was brought back to the Board and approved in open session. Mr. ~adajewski stated there are several properties that have water service ¡,n this district and are receiving it through a small 3/4 inch meter and Staff feels they are receiving a direct benefit from the fire protection being provided by the project. He noted that Parcel 12 actually has 4 or 5 mobile homes on the property and they have water service to those homes through one small meter and Staff feels it is definitely a potential fire hazard. He noted that this issue was thoroughly discussed at the April 8, 1986 hearing and Staff was Page 11 ~OO~ 112 w.~ 116 'OQ( 112 Fl'.~ 117 MAR(:H IS, 1988 instructed to research this data and bring it back to the Board with the final assessment roll for a determination. He also noted that none of these properties were assessed for service except for a con- nection fee charged by the Royal Palm develop~r. Hr. Hadajewski stated that the original assessment calculated for this project was slightly less than $22 per front foot. He said the County was very fortunate in obtaining a contract for the facilities which was considerably below original estimates and, therefore, the preliminary ass~ssment sent to the property owners was approximately $14.2S per front foot, which is a 33\ reduction from the original esti.ate. He distributed copies of four case studies for consideration, as follows: "1. Calculat~d strictly on front f~~tag~ with no reduction for the canal footages shown or for any fire service and water assessment benefits to Parcels 12 and 12.1 - $14.2S44 Parcels 12 and 12.1 adjusted for the benefit of the water service and assessing for the fire service they are obtaining. lie said Staff reviewed what it would cost just to put in a water system to serve the Blue Heron project and determined that a 2" water system would serve the domestic demands. The cost of that was then removed from the total cost of the project and obtained the cost of fire protection. He stated they then assessed Parcels 12 and 12.1 for the fire service and adjusted all of the other parce13 within the pro- ject to pick up the additional cost for the water service. - $12 1657 per front foot for properties gaining only fire service and the other properties would increase to $14.470~ per front foot" 2. 3. Front Footage adjusted for canals and this method reduced the total front footage of the project from 6,224 to 5,949.55 front feet and the assessment would be $14.9137 per front foot. 4. Combined both the fire service issue and the canal issue, which is a summation of numbers 2 and 3 above, - Parcels 12 Page 12 '-'"'-"""-"---' ". MARCH IS, 1988 and 12.1 for fire service only - $12.728 per front foot and the remaining properties, without the canal footage, - $15.1507 per front foot. Mr. Madajewski stated Staff is recommending Analysis #4 be adopted. Responding to Commissioner Saunders, Mr. Madajewski stated there are no large variations in the methods because the majority of the properties are small individual lots of about 60 ft. frontage. Mr. Tom Connolly, Blue Heron resident, stated his agreement with the Utilities Staff. Hrs. JoAnne Blðir, Blue Heron resident and owner of Parcel 12, stated her disapproval of the Staff recommendation, stating that she has ð large lake on her property and she should be able to provide her own fire protection. She stated that she should not have to pay an asseSSJDent for something she does not need. She also state1 that the County's water line is 6 to 8 ft. within her property line. Mr. Madajewski stated that particular water line does not belong to the. County. He stated the water line being referred to belongs to Royal Palm Golf Estates and is privately owned. Hr. Edward Connolly, Blue Heron resident, stðted that Mr. Hadajewski had answered all of the questions he had. commissioner Pistor moved, seconded by Commissioner Hasse and carried unanimously, that the public hearing be closed. In answer to Assistant County Attorney Anderson, Mr. Madajewski stated that no written objections to this assessment have been received. ~DD~ 112 PAr.~ 118 Page 13 tOG': 112 F1~t 119 MARCH IS, 1988 Comaissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that Resolution 88-49, Preliminary Assessment for the Blue Heron Water Service Special Assessment District, be adopted with Analysis 14 as the final roll. Hr. Hadajewski advised that Mr. Hartin Sananiego, 17026 Lockhart Drive, has requested that he be allowed pay his System Development Charge over a period of time. He stated that this practice has been followed in the past with the County allowing payments for a period of 3 years at a 7\ interest rate. Cocaissioner Pistor moved, seconded by Commissioner Hasse and carried unaniaously, that the finance request ot ~r. Hartin Sananiego, 17026 Lockhart Drive, be approved. Page 14 >o",.....~.,.",.. """, l .. ,. ~OO~ 112p1~~131 MARCH IS, 1988 It.. f6C2 RESOLUTION 88-50, PRELIMIH~RY ASSESSMENT FOR THE TRINITY PL~CE WATER SBRVICE 8PECI~L ~SSESSMENT DISTRICT - ADOPTED Legal notice having been published in the Naples Daily News on February 28 and March 6, 1988 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider confir- mation of the preliminary assessment roll against the properties that are specially benefited by the Trinity Place Water Service Special Assessment District. Tape 13 Utilities Engineering Director Madajewski stated this project is located on U.S. 41 and is very close to the Blue Heron Project. said the District was created on April IS, 1986 and there are no He problem issues. He stated the final cost has been calculated at $9.962 per front foot, noting the price directly reflects the excellent construction price received. He said there have been no objections t~ this project. Co...ssioner Pi8tor moved, seconded by Commi8sioner Goodnight and carried unanimously, that the public hearing be closed. Commi8sioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that Resolution 88-50, Preliminary ~ssessment for the Trinity Place Water Service Special As8essment District, be adopted a8 the final roll. r ~ ". Page 15 "'" - "G~ 112 Fl',~ 139 MARCH IS, 1988 Al'TER-T1IE-FACT V~RIANCE TO BE ~PPLIED FOR BY DENNIS HAMILTon- APPROVED Hr. Dennis Hamilton explained that he applied for and received a building permit to build his house in 1987. He said he is building it himself and when he cð~led for the framing inspection on the garage, the building inspector told him he could not do any more work until he ob~ained a spot survey. He said he obtained th~ spot survey and the Building Department is now saying that he is in violation of the 75 ft. setback requirement. Hr. Hamilton explained that he has a corner lot in Golden Gate Estates and he was under the assumption that he purchased a 18S ft. lot, however, he has been told now that the setback requirement is measured from the 30 ft. easement. He requested that the Board lift the moratorium on After-Th~-Fact Variance Applications so he can finish his hous~. In answer to Commissioner Pistor, Hr. Hamilton stated that he did have ð pro¡'¿ssional survey. Planner Weeks stated that this case is very typi~al and explained that the property line is measured from the center of the road, however, for setback purposes the County measures from the inside of the access easement line. A brief discussion followed on why people are not aware of the measurement point for setbacks and Assistant County Manager McLemore stated that this problem is being addressed in the reorganization of the permitting process. Page 16 .,' " - - - '\ I MARCH IS, 1988 Commissioner Goodnight stated her feeling that the Board should allow Mr. Hamilton to apply for his variance and that as the reorgani- zation is implemented these variances will cease. county Attorney Cuyler advised Mr. lIamilton that the Board is merely indicating that he may apply for an after-the-fact variance and does not guar~ntee th~t it will be approved. fie then asked Mr. Hamilton if he understood that if he chooses to continue work, the Board will allow the inspections, however, it will be at his Own risk and if the variðnce application is denied he will have no recourse. Commissioner Saunders suggested that Mr. Hamilton meet with the County Attorney before he makes his decision to continue work on his house. Mr. Weeks noted that Staff was directed to bring forth an After-the-Fact Application Fee and if that fee is adopted, Mr. Hamilton will be subject to the fee. Commissioner Saunders moved, seconded by Commissioner pis tor anð carrieð '...Lnanimously, that Mr. Dennis Hamilton be allowed to apply for an After-the-Fact ~~riance with the understanding that if he chooses to continue work, he does so at this own risk. Item '8B AMOCO OIL COMPANY AUTHORIZED TO ~PPLY FOR ~FTER-THE-F~CT VARIANCE AND CONDITION~L CERTIFICATE OF OCCUPANCY - ~PPROVED Attorney George Varnadoe, representing Amoco Oil Company, stated they are requesting the Board allow them to apply for an after-the- fact variance and issuance of a Certificate of Occupany subject to the Page 17 ~OO~ 112w.r lqO tr,c,~ 112Fl,;£141 MARCH IS, 1988 variance hearing. fie stated they fully realize that if the variance petition is denied, the Certificate of Occupancy would be removed. Hr. Varnadoe stated the parcel involves an outparcel of the Courthouse Shadows PUD and showed the location on a map. He stated Staff has determined that they are covered by a catch-all setback phrase that states there is a 10 ft. setback from property boundaries. He stated he checked with the developer and was informed that all the boundaries were to the out3ide of the PUD, and gave some examples. He said Staff has taken the position that there is a 10 ft. setback from this outparcel because it changed owners Mr. Varnadoe explained that there is a curve shown on the PUD master plan separating the internal driveway from the outparcel, however, the curve is set ðbout 16- to 18" wrong on the master plan. He said Lhey are 10 ft. from the curve and from the internal driveway, however, they a~e 8.16 fl. from the imaginary property boundary line. He noted for the record that the Building Permit states the setback is 15 ft. from u.s. 41, side setback of 10 ft., rear setback of 2S ft. from Peterson Avenue. fie noted there are no safety factors involved and there is a cross-parking agreement with the PUD. County Attorne~ Cuyler advised that no rights accrue from today until a variance petition is also reviewed by the Board, including expenditures. Mr. Varnado~ atated that he understands Tape f4 Coami8sioner Saunders moved, seconded by Commissioner Pistor and Page 18 - - - '. :., ( KARCH 15,1988 carried unanimously, that the after-the-fact variance application aoratoriua be waived and a conditional Certificate of Occupancy be issued with the understanding that no rights accrue from todays action. ... RECESS AT 10:35 ~.H. RECONVENED ~T 10:45 A.H. *** It.. f9A1 EKERG£NCY DECLARED - ORDINANCE 88-33, AMENDING ORDINANCE 86-78 AMENDED BY ORDI~~CB 87-7, CHANGING THE QUORUM REQUIREMENTS FOR CCPC/CITIZENS ADVISORY COKKITTEE - ADOPTED Assistant to the County Manager Olliff explained that the CCPC/Citiz~n5 Advisory Committee has had some resignations and the me.bersh!~ of the Committee is presently at 19. He said the current Ordinance 86-78 as amended by Ordinance 87-7 requires a quorum of 15, and the Co~mittee is finding it increasingly difficult to obtain a quorum. He stated they are requesting the Board to reduce the required number of a quorum to 12. Mr. Olliff stated this is being requested on an emergency basis due to time constraints required by the Growth Management Act. Coaaissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that an emergency be declared and a public hearing conducted. Hr. Anthony Baltakis, Chairman of the CCPCICAC, reiterated what Hr. Olliff had said. A brief discussion followed on the merits of adding more members to the Committee when the CAC reviews must be completed by the end of May. ~DO( 112 pir,f 142 Page 19 ,oo~ 112 w~ 143" MARCH 15, 1988 C088issioner pis tor moved, seconded by C?mmissioner Goodnight and carried unanimously, that the public hearing be closed. Comaissioner pis tor moved, seconded by Commissioner Hasse and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Boo~ No. 30. ORDIN~NCE NO. 88-33 AU EMERGENCY ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86-78, AS AMENDED, BY AMENDH~G SECTION FOUR RELATING TO THE NUl.mER OF r-IEMRF.RS THAT CONSTITUTE A QUORUM; PROVIDING FOR AN EMERGENCY; PROVIDHlC FOR CONFLICT AND SEVERABILITY; PROVIDING AU EFFECTIVE DATE. It.. "A2 PROFESSI)KAL SERVICES ~GREEKENT WITH HYDROSOFT, INC. FOR A GROUND WATER FLOW MODELING STUDY OF COLLIER COUNTY - ~PPROVED Envirf"n':lental and Pollution Control Director Lorenz stated that the results of the ground water modeling study will be used to write and update a wellfield protection ordinance. study will include: He said the scope of the 1. Development and calibration of a 3 dimensional computer flow model which will simulate draw-down curves and travel times for eleven potable wellfie1ds in the County, including a variety of statistical evaluations to determine the degree of certainty of the model; 2. Generate computer maps of travel time zones and draw-downs in addition to evaluating computer and software specifications; Provide the County with completed model, manuals, codes and other functions and documentations for Staff to operate the mode 1 ; 3. 4. Provide the County ~ith training program to train County per- sonnel in the use of the model. Mr. Lorenz stated the cost of the study is $108,100 and the County will receive a matching grant of $37,500 from the South Florida Water Page ~O MARCH IS, 1988 ManageÞ". 'It. Distr ict. He said that originally the cost was estimated to be between $75,000 and $100,000, however, in the course of nego- tiations and determining the scope of the study, SfWMD indicated that this was an appropriate cost and scope of services for the study and approved an additional $15,000 match to the County. He stated that the contract also commits the County Staff to provide certain data collection activities to the consultant and will require the County to purchase an additional computer system with software for approximately $15,000. He said the additional funds required is therefore $18,100 fro- the General Fund Reserve to meet the total contract price, with $15,00O to ~e used as matching funds for the SFWMD future grant and $3,100 f~r meeting the balance of the contract price. Mr. Lorenz stated Staff recommends approval of the Professional Services Agreement with Hydrosoft, Inc. and the necessary budget amendment. Coaaissioner pistor moved, seconded by Commissioner Hasse and carried unanimously, that the Professional Services Agreement with Hydrosoft, Inc. and the necessary budget amendment, be approved. ~DD~ 112,1,;£144 Page 21 "."."."".. .."".".-. IOO~ 112 Pl';£ IG5 MARCH IS, 1980 Itea UA3 CARK4VAL PERMIT 88-1 FOR COLLIER COUNTy VETERANS COUNCIL FROM MARCH 30 TO APRIL 3, 1988 - APPROVED AND FEE WAIVED Comaissioner Pistor moved, seconded by Commissioner Hasse and carried unanimously, that Carnival Permit 88-1 allowing the Collier County Veterans Council to huld an event from March 30 to ~pril 3, 1988, just east of the Golden Gate Fire Department, be approved and the fee waIved. : Pðge 22 - - tc:~ 112 F1'.~ 173" MARCH IS, 1988 It.. 19A4 CARKIVAL PERMIT 88-2 FOR COUNTY OWNED PROPERTY SOUTH OF THE COURTHOUSE AJOŒX IX IJOtOItALEE, SPONSORED BY YOUTH GUIDANCE FROM KARCH 23 TO KARCH 27, 1988 - ~PPROVED WITH AMENDMENTS AND SURETY BOND W~IVED Planner Scheff advised that all requirements for this permit have been .et and Youth Guidance is requesting a waiver of the $2,S)O surety bond requír~menls. In answer to Clerk Giles, Youth Guidance Director Connors stated that the cost of the dumpsters, port-a-lets, and security guards are to be borne by Larry's Amusements. Commissioner Pistor slated that Youth Guidance should receive the Sð~ benefits from this contractor as those being afforded to the Vet~rðns Council. CO8aissioner Goodnight moved, 8econded by Commissioner pistor and carried unanimously, that Carnival Permit 88-2 for County owned pro- pety 80uth of the Courthouse ~nnex in Immokalee, 8pon8ored by Youth Guidapce fro. Karch 23 to Karch 27,1988, be approved with the stipu- lation that the County receive 20\ of the rides plus either $20 per concession or a negotiated amount per front foot per concession; and the 8urety bond be waived. ~ r Page 23 - - - "-"---"-,. MARCH IS, 1988 It.. 19B1 CRARGE ORDER '3 TO KRAFT CONSTRUCTION - $56,976 FOR RELOC~TING BLECTRICAL LIKES AND INSTALLATION OP FUTURE CHILLER LINES - ~PPROVED Public Works Administrator Archibald stated that the change order involves the Building "K" project which is currently underway. He stated that Building "K" is the chiller plant and energy plant to handle electrical service to the existing compl~x and future buildings. Hr. Archibald advised that ~wo changes are inv~lveJ: 1) relo- cating a portion of the electrical line between Building "K" and Building "W- from the north side of Harrison Drive to the south side, due to underground ~onflicts with utilit:es; and 2, placing approxima- te1y 1480 ft. of chiller lines at the same ti~e. He said this will avoid having to install underground lines in this location at some future poi~t in time. Hr. Archibald stated the cost of relocating a portion of the electrical lines is 57,602 and the chiller lines will cost 549,374, for a ~otal change order in the amount of SS6,976. Coaaiøsioner Pistor aoved, .econded by Commissioner Goodnight and carried unanimously, that Change Order 13 to Kratt Construction in the aaount ot $56,976 tor relocating electrical lines and installation of future chiller lines, be approved. tDO( 112 W,r 176 Page 24 &OG~ 112 Fq 187 MARCH 15, 1988 Itea "B2 BID WE. 88-1201 (AKA BID '88-1220), FOR FLEET TIRES, TUBES ~ND RO~D SERVICE CALLS - AWARDED TO AIRPORT TIRE Legal notice having been published in the Naples ~aily News on February 16, 1988 as evidenced by Affidavit of Publicbtion filed with the Clerk, Bid '88-l20l, propo~ðls for County fleet tires, tubes dnd road service calls were opened on March 2, 1988 at 2:30 p.m. Public Works Administrator Archibald stated that this bid is for the annual contract for purchase of tires for the County fleet. He stated the origi~al advertisement was under Bid #1201, which was amended for clarification to Bid 11220. He stated two bids were received from local firms that represent the Goodyear Tire Corporation. He said in both cases the County would be allowed to purchase at the annual State Contract purchase price. ~r. Archibald stated the low bidder was Airport Tire and Service Center, who also offered a 2' discount if paym~nt is made within 15 days. He said Staff IS recommending the current vendor and low bidder be given another 12 month period and option to renew for another 12 months. Comai.sioner Pi.tor moved, seconded by Commissioner Goodnight and carried unanimously, that Bid No. 88-1201 (aka Bid '1220) tor fleet tires, tube. an' road .ervice calls, be awarded to Airport Tire and Service Center with the option to renew the contract for one addi- tioDal year. Page 25 ----,._---- ",,' MARCH IS, 1988 Itea UB3 BID no. 88-1221, FOR CONSTRUCTIOB or MEDIAN CURBS AND TURN LANES FOR PHASE II, SOUTH COLLIER BLVD, MARCO ISUUID - ~W~RDED TO H. W. BEAUDOIN , SOBS, I.C. FOR $85,990.85 Legal notice having been publi~hed in the Naples Daily News on February 10, 1988 as evidenced by Affidavit of Publication filed with the Clerk, Bid 188-l221 proposals for construction of median curbs and turn lanes for Phase II, South Collier Blvd., Marco Island, were opened at 2:30 p.m. on February 24, 1988. Public Works Administrator Archibald stated this project calls for 4S00 ft. Type "A" curbing that will be installed along Collier Blvd. from Winterberry to Maple. He said there is also an additional 1,000 sq. fto of median work to be done, some of which will be reimbursed to the sr~i~l taxing fund. Tape'S Hr. Archibald stated that one bid was received from H. W. Beaudoin & Sons, Inc., who has been doing quite a number of the median improve- Jnent projects. He stated their base bid for curbing was 5l0.2S per foot, and on other proj~cts this same type of curbing has varied from 59.25 per ft. to $9.50 per ft. He said there arc areas which will require additional traffic control which justifies the bid price of 510.25 per foot. Mr. Archibald stated that the bid was received by the Marco Island Beautification Advisory Committee and was recommended for approval. Co..is8ioner pistor moved, seconded by Commissioner Hasse and Page 26 tCG~ 112 PJ',r 188 ---..-- ~OO.\ 112 Fl':~ 189 MARCH 15, 1999 carried unanimously, that Bid No. ea-1221 for construction of median curbs and turn lanes for Phase II, South Collier Blvd., Marco Islanð, be awardeG to H. W. Beaudoin' Sons, Inc. tor $95,990.85. It.. t9S4 BID RO. 88-1212 FOR CONSTRUCTION OF ACCESS AND ROAD IMPROVEMENTS FOR SAN MARCO PAR~ - AW~RDED TO APAC, INC. WITH STIPUL~TIONS Legal notice having b~en published in th~ Naples Daily News On January 15, 1988 as evidenced by Affidavit of Publication filed with the Clerk, Bid '88-1212, proposals for construction of access road and turn lanes for San Marco Park were opened at 2:30 p.m. on February 10, 1988. Public Works Administrator Archibald stated that this contract was put- together by Staff based on information provided by local Con- sulti2~ts. He said the project is known as San Marco Park and involves app,ç"dmately 800 ft. of four-lane road construction and a series of turn lanes and turn lane improvements on U.S. 41. He said this pro- ject is unique because all improvements are for a private developer and the County is involved due to receipt of a Department of Commerce Grant. He noted that in order for the grant monies to be used, the County m~st be the contracting agency for the improvements. He added that the long term benefit is the co~struction of a manufacturing plant that will hopefully employ the community at large. Mr. Archibald reported that two bids were received, with the low bid being from APAC, Inc. in the amount of $304,442.20. He said Staff Page 27 - - - ---. ,,<-.-.--....-.. MARCH IS, 1988 has reviewed the bid and feels that it is competitive. He noted it is higher than the engineer's estimate, however, there are added items which were not considered in the original project. Hr. Archibald stated that the difference between the contract amount and the grant amount requires the developer to provide the dif- ference of 5150,000. He advised that Mr. Basik can'lot provide that much 8Oney and has recommended changes to the contract to lower the amount he is required to contribute. He said Staff is recommending the ~ward of the contract with the following stipulations: ! . Executed change order with APAC keeping ~he work per contract, but reducing the contract amount by 540,lSS.OO Payment by Mr. Basik to the County in the amount of 585,288.20. 2. 3. If needed for condition contingency, Mr. Basik to provid~ a Letter of Credit in the amount of 525,000 or other provision acceptable to both the County Engineer and the County Attorney. 4. The above securities be promptly provided to the County 50 as to allow contract execution and start of work by March 31, 1988. Hr. Archibald stated that with the risk at hand, Staff is con- cerned, however, they also believe they are dealing with ð contractor that will perforn and the developer's engineer has provided documen- tation of the changes. He 5tated that if any of the four conditions are not met, Staff wi 11 come back to the Board irolmediately for rejec- Uon of the bid. fie added that the project itself is relatively small and Staff is using a 6 month completion date. Page 28 ~CD~ 112 øv.: 100 -"""---"""".,, ,..", &G¡¡: 112 P1';£ 191 MARCH IS, 1988 Mr. Larry Basik, Developer and owner of the benefiting property, stated that if everything could not be worked out before the end of the week that he would rather request an extension from the State rather than return the money. He stated he has checked and they seem to have no objections to a 90 day extension. He also requested, that if an extension it; sought and granted, he would like the project rebid on the basis of contract prices rather than quantity prices. Finance Director Yonkosky stated that the security should reflect that if there is an increase in the construction cost, it would be the responsibility of Mr. Aasik. County Attorney Cuyler stated that the easiest security is a Letter of Credit and he is not inclined to look to a mortgage as security unless the County becomes the first lien holder. Mr. Archibald assured the Board that if any problem arose he would bring this item back next week. Coaaissioner Piator moved, seconded by Commissioner Hasse and carried unanimously, that Bid 188-1212 for construction of access and road improvements for San Marco Park, be awarded to APAC, Inc. with Statf stipulations. It.. tl2B DISCUSSION REGARDING COUNTY BARN ROAD SITE FOR THE HOMELESS - ZONING TO DE ENFORCED Commissioner Pistor reported that property on County Barn Road, which is zoned for single-family residences, is being used as ð camp Page 29 ._,.._~----, MARCH IS, 1988 for the homeless. He advised that the property is next door to a private school for children with learning disabilities and it is creating a problem. He stated that this is a problem throughout the United States and there are several locations in Collier County being used at this time and the Aoarå is receiving objections to all of them. He said th~t this particular location is the least desirable location for this type of camp and he is requesting the Board to enforce the zoning laws. Co..issioner Hasse stated that he requested the County Attorney to draft an Ordinance to cover this situation. He stated he has received innumerable calls on thts situation and this property is not the proper location for a camp for the homeless. County Attorney Cuïlcr stated the Zoning Inspectors have been out to the site in question and written their report. He stated it is a zoning violation. He advised that if directed, he will take action on the violation. He noted, however, that in this particular case, the people in question have the owner's permission to use his land and therefore, the action will be againsc the property owner. Tape f6 Hr. Cuyler stated that he needs Board dircccion to finalize an Ordinance on Loiteri~g and Prowling and an Ordinance for "No Camping". He stated the "No-Camping" ordinance will address situations where someone goes onto a property and puts some type of bedding, without the knowledge or permission of the property owner. ~ÚÛ~ 112 w.~ lD2 Page 30 IOG( 112 w.~ 193 MARCH IS, 1988 C088issioner Pistor moved that the Zoning Laws be enforced on this us. ot property. Mrs. Doris Ferrell, Collier County resident, submitted a petition containing 78 signatures from the Woodmere Lake Club Association objecting to the transient camp site and requesting the Board to take foraal a,=-_ion. Mr. Don Lusk, representing Seacrest School, requested that the Board enforce their zoning laws. He stated the County has an obliga- lion to work with the people using the site to solve the problem. Ms. Lara Cartelli, Prin~ipal of Sunrise Academy, stated that Sunrise is next door to the property in question. She stated this matter is of urgent concern because the homeless wander onto their property. She stated the school conducts regularly scheduled overnight campouts ðS part of the children's program and they do not fee 1 it í s s a f e . She requested the Board take immediate action. Mr. George Keller, Collier County Civic Federation, stated that these people are not just homeless. He said one of the people pic- lured in the paper is a long-time local resident who went to school here and whose family lives in Collier County and he just prefers to Ii ve that way. He said Collier County hðs a Welfare Department and the churches all have organizations which help the homeless. He said the Zoning Laws should be enforced. Chairman Glass requested an amendment to the motion to include that Staff be directed to look for an alternative to this situation Page 31 '. , ? 'M ,f MARCH 15, 1988 and report back to the Board. Co..issioner pistor accepteð the amend- mente The aotion vas seconded by Commissioner Hasse. In answer to Commissioner Pistor, Deputy Chief Ray Barnett, Sheriff's Department, stated that this situation is nothing new in Collier County and has been a problem in the past. He stated that if the Zoning InvestiQators go out to enforce the Zoning Laws, a Deputy can accompany them for safety. He stated they can enforce a court order evicting them from the property. He advised that property over S acres, when posted in a certain manner, can be enforced by the Sheriff's Department. Commissioner Goodnight stated her feelings that Staff should speak to a gentleman named Father John with reference to a coalition being formed regarding this issue. Hr. John Keschl, Collier County resldent, stated that he is not opposed to trying to help these people, however, he suggested they be allowed to pitch tents in the State parks. Commissioner Saunders stated that the action to enforce the Zoning Ordinance is appropriate, however, he advised that the enforcement will take time and the problem is not going to be gone tomorrow. He stated he also would like a report from Staff on preventing this type of problem-in the future. Upon call for the question, the motion carrieð unanimously. *** RECESS AT 12:10 P.M. RECONVENED ~T 1:30 P.M. Deputy Clerk Hoffman replaced Deputy Clerk Kueter *** ~OO~ 112 P.L':£ 194 Page 32 &00.: 112 '1'.~ lD5 MARCH IS, 1988 Tape 17 Xtea "Dl. AUTHORITY FOR COUNTY MANAGER TO EXECUTE THE BOND PURCHASE AGREEMENT FOR THE CONVERSION OF $18,000,000 CAPITAL IMPROVEMENT PROGRAM REVENUE BOHDS SERIES 1986 SUB SERIES FOUR, FOR UTILITIES SYSTEM IMPROVEMENTS - APPROVED Utilities Administrator Crandall introduced Mr. David Fischer from SunTcust Securities, to explain the details of the Bond Purchase Agreement in the amount of 518,000,000 for the South County Regional Sewer Plant and associated Piping System. Hr. David Fischer of SunTrust Securities, Financial Advisor to the County, advised that the recommendation of the Finance Committee was that the Utilities Division come forward at this time with the entire 518,000,000 rather than to string it out during the summer, with the idea that interest rates will be favorable during the first quarter of this year. He stated that this is the fourth issue coming out of the Bi-Hodal Bonds, adding that the interest at various stages has been 6.87S\, 7.90\ and 7.801, all of which are good rates. Hr. Fischer stated that he expects on Thursday, when Smith Barney goes into the market, the rate will probably be under 8\. He noted that Smith Barney will test the market on Thursday afternoon, and then purchase the Bonds on Friday. He added that the final award of the Bonds will be next Tuesday, subject to Board of County Commissioners' appro'...a 1. He noted that in order to give Smith Barney comfort over the weekend, they are requesting that the County Manager be authorized to approve the Bond Sale, subject to the Board's approval. He indi- Page 33 ",-"---,..,,,._-, '- MARCH 15, 1988 cated that he will be back next Tuesday, for final approval. Hr. Fischer noted that he will be in the office of Smith Barney during the marketing on Thursday and Friday and connect with County Administration via a conference call on Friday morning to advise what the final terms are, adding that approval or disapproval can be deter- mined at that time. Coaaissioner pistor moved, seconded by Commissioner Goodnight and carried unanimously, to authorize the County Manager to sign the Purchase Agreement in advance of the Board ot County Commissioners' final execution next Tuesday, subject to the terms as outlineð by Mr. Fiscber. It.. f9Cl ~DURE8 AND CRITERIA FOR FUNDING OUTSIDE CONTRACT ~GENCIES - ADOPTED Public Services Administrator O'Donnell stated that Staff was directed to implement a system whereby Contract Agencies would be funded. He noted that the non-statutory contract agencies that the County is currently funding are: Division of Forestry, Hospice, Project Help, Tri-County, Soil and Water Conservation District and Western Gateway. He addcd that the statutory agencies that the County is currently funding are: Medical Examiner, Public Health Uni t and David Lawrence Mental Hcalth. Hr. O'Donnell stated that the 1\ for the non-contract agencies would result in a total allocation of $147,000 for FY 89, noting lnat !OO~ 1121'1':f iOn Page 34 . t . ¡OO~ 112 F~';~ lfJ7 MARCH IS, 1988 this is $30,000 more than the current agencies are funded at. He explained the criteria for funding, as outlined in the Poilcies and Procedures. Hr. O'Donnell stated that he has met with the contract agencies, infor8íng them of the proposed policies and procedures, adding that none of the agencies voiced a problem with the submittal of the infor- matíon. He indicated that the agencies will be submitting goals, objectives, and activity measures, in addition to their total budget. Unless there is a particular change on behalf of a particular contract agen~y, Mr. O'Donnell stated that the recommendation is that funds will be disbursed pursuant to a reimbursement method, based upon appropriate bills and documentation which is submitted on a quarterly basis. Hr. O'Donnell indicated that a Procedure for Discretionary Funds has been set up, noting that this is for groups that apply for one- ti~ money, i.e. MAAD, SAAD, etc. He further noted that $7,000 has been allocated to fund these agencies, adding that he is requesting that those funds be reappropriated within the scope of the 5147,000, and when those agen~ies mðk~ r~quests for funding during the year, they would fill out a short application, specifying what the funds will be used for, the application will be reviewed and then forwarded to the Board of County Commissioners for recommendation of funding or not funding that agency. In answer to Commissioner Saunders, Mr. O'Donnell replied that Page 3S .-.--.. MARCH IS, 1988 approximately 5118,000 was funded for the non-statutory agencies last year, adding that aft~r t~~ budget process had begun last year, various agencies had contacted his office with inquiries as to seeking Count'l funds, adding that he explained to them it was highly unlikely that Staff would recommend them, because of being so far along with the budget process. He indicated that it was felt that the additional funds would accommodate the agencies that may contact his office, ver- sus the agencies that are currently being funded. Coaais.ioner pistor Doved, seconded by Commissioner Goodnight and carried unanimously, to adopt the Procedures and Criteria For Funding OUtside Contract Agencies, as outlined. &OO~ 112 P1~' 198 Page 36 - "...".,-,-,....- , :1 aoo~ 112w.~201 MARCH 15, 1988 It.. f9C2 COXCEBSIOH AGREEHENT FOR CLAM PASS PARK BETWEEN BO~RD OF COUNTY CO~SSIOBERB AND AUO - APPROVED Public Services Administrator O'Donnell stated that revisions have been .ade to three sections of the Concession Agreement which the Board had considered two weeks ago. He noted that the Terms of the Agreement have been changed from 7 years to 3 years, commencing in Mðrch, 1988 and terminating ln March, 1991, with an option of two, two year renewals. He advised that the Agreement specifies: " At the end of the initial 3 year period, if the Concessionaire is in compliance with all terms and conditions of the Agreement, the parties shall have the option to renew the Agreement for an additional two year term, upon the same terms and conditions contained herein. This Agreement shall be automatically extended unless ~ither party shall provide written notice of its intention not to renew this Agreement not less than sixty (60) days prior to the end of the initial term, or any extension(s) thereof." Hr. O'Donnell referred to Section 6, noting that if the Concess- ionaire elects to terminate the Agreement prior to 7 years from the installation date of the kitchen equipment, the County would not be obligated to payoff the depreciation value of the kitchen facility, adding that it would be owned outright by the County. Section 12 (A), stated Mr. O'Donnell, specifies that remittance to the County for the' life of the Agreement would be 20\, or a minimum of Page 37 :. MARCH IS, 1988 $1,500 per month, whichever is greater. Hr. O'Donnell indicated that many of the concerns which were pre- vious1y raised have been addressed in the changes, adding that Staff and AUO have been working together to fine-tune the Agreement, and that Staff is recommending approval and execution of the Concession AgreeJDent. In answer to Commissioner Hasse, Hr. O'Donnell indicated that AUO has been living up to their obligations, noting that the permit for the guardhouse will be pick~d up today, and construction is to begin next Monday, with completion in approximately 8-10 weeks. He added that a gate system will alleviate the problem of vehicles coming into the parking lot at night. With regards to the third pod, Mr. O'Donnell stated that AUO intends to submit final plans to the Building Department with construction commencing after the season. He stated that with regðrds to the cost of the utilities, the County is. responsible for the design, as per the Escrow Agreement and once it is executed, AUO will provide the County with $ISO,OOO for the utility work. Co..issioner Pistor stated that many of the conversations during the past few weeks indicate that the AUO have not met their obligð- tions, noting that he believes the County is responsible for many of the delays which have taken place. Tape ,a Commissioner Hasse questioned whether the County has received the Page 38 c-. 112FwZD2 'Cð~ JL~Fl~~~~ MARCH 1 S , 1988 deposit of 51S0,OOO that AUO had indicated would be forthcoming two weeks ago? Mr. O'Donnell replied negatively, advising that the Escrow Agree.ent had been amended from a 4-year Agreement to a 2-year Agree.ent, noting that after revisions had been made, it was forwarded to AUO la3t Wednesday and is now in the process of obtaining the signatures from the appropriate pa~tíes, some of which reside out of tO1om . He indicated that the Agreement should be returned within the next week. In answer to Commissioner Hasse, Hr. O'Donnell advised that the Parks and Recreation Staff wanted a gate system across the parking lot to prevent access to it, noting that onlÿ the gatehouse was AUO's obligation. He added that during conversations with AUO, it was decided that all the work would be done at the same time, and the County would reimburse AUO for the cost of the gate system. With reference to the completion of the boardwalk, Mr. O'Donnell noted that AUO provid~d 560,000 in ð good faith effort to the contractor, thereby enabling completion of the boardwalk in December, 1986, in lieu ref April, 1987 as stated in the contract. Commissioner Saunders inquired as to the cost to the County each year for the tram operation, and asked how the operation of the third trag would be handled? Hr. 0' Donnell stated that the first and second trams are the full responsibility of the AUO, the third tram is the County's respon- sibility, noting that cost to be 52,400 per year, the fourth and sub- Page 39 MARCH IS, 19BB sequent traas are to be shared SO-SO between the AUO and the County. He stated that current labor costs are between SI2,000-SlS,000 per year, per person. He added that the County will be spliting the employee cost, excluding benefits, SO-SO with AUO. He further indi- cated that the AUO will assume the obligation of maintenance of all trams at their gara1e facilities. In answer to Commissioner Saunders, Mr. O'Donnell stated that the parking lot is to be operated by a County-employed parking attendant, with hours of operation from 9:00 A.M. until 6:00 P.M., seven days a week. He noted that the City's beach stickers will be honored. Mr. George Keller, President, Collier County Civic Federation, stated that he feels the Term of the Agreement should be for two years, but if it is a three year contract, then the option to extend the Agreement should be left open to each party. He further indicated that th~ bea~h at Clam Pass is one of the finest in the area and the County should leave itself open so that it can operate the beach in two years, if so desired. He inquired as to who will have the respon- sibility of the parking lot and who will take care of it? Mr. O'Donnell replied that AUO will have the responsibility of general policing, litter collection and if there is damage of any kind in the parking area, it is to be reported to County Officials, but the actual operation of the parking lot will be controlled by the County with Count~ Staff. Mrs. Mary Lou I!C:J5ton referred to ð comment made by ð County resi- t;OO~ 112 w.~ 204 Page 40 &00': 112 F1~t 205 MARCH IS, 1988 dent at the last meeting, specifically, "that the public wants to feel that they have been dealt with fairly". She stated that the Comøission had stated a few months ago that the concession would be put out for public bid. She noted that when the first concession proposal was made in 1983, the beach, parking lot and restaurant on the beach serving ~lcohol was to be controlled by the hotel, adding that the public had protested loudly to this. She further stated that a coaproøise had been worked out between Westinghouse and the County, adding that some of those items were: 1. 2. 3. No concession agreement with the hotel. The County owns and has operational responsibility for the beach and access, has complete control. The hotel will provide landscaped parking lot with gatehouse, common access to the parking lot. Beachside facilities consisting of restrooms, showers and snackbar. - -4. Mrs. Houston noted that she hopes the gate requirement in the parking lot will be enforced as soon as possible, to eliminate night use, adding that she felt a shorter contract term should be con- sidered. A discussion evolved regarding the third pod and Mr. O'Donnell stated that it is the decision of the County as to the use of that pod, i.e. office space, storage space, an additional kitchen facility, etc. Mr. Leonard Caldwell, resident, indicated that he lives across the canal from the parking lot. He stated his feelings of the importance of a security gate, adding that there are vehicles in the lot almost Page 41 " ~ MARCH IS, 1988 every night after midnight or 1:00 A.M., with singing, tailgate par- ties, lights and the next day there are beer cans in the lot. Mr. John Xeschl, taxpay~r, inquired as to whether any criteria had been set for termination of the Agreement, if something happens, and the County elects to cancel? Mr. O'Donnell responded that if AUO fails to comply with the duties and obligations as outlined in the Agreeøent, the County has the legal right to terminate the Agreement. Hr. Dick Braun of the Taxpayers Association of Golden Gate stated that he feels Staff is giving AUO credit for a number of items that they should not be given credit for: Australian Pines, water and sewer, project development, and the bathroom pod. of these items were in th~ Beach Access Agreement. He noted that all He referred to the cost of the interim septic system, adding that he does not believe the cost to AUO was 5S0,OOO. He referred to the 560,000 that AUO paid for the boardwalk, stating that the hotel wanted the boardwalk completed at time of the hotel's opening. He indicated that the third pod is the responsibility of AUO. He noted there is no Certificate of Occupany. fie further stated that in October, 1987 the Board voted to put the beach concession out to bid, adding that he is requesting that this be done, notin~ that the County will never know if there is a better deal if this is not put out to bid. Mrs. Charlotte Westman representing the League of Women Voters, stated that the purpose of Clam Pass Park was to provide public beach with public access. She read a brief position from the League which aoo.( 112 P1,:r 208 Page 42 '°0" 112 w;. 207 MARCH IS, 1988 indicated they support measures to strengthen the efficiencies of County Government. She stated that the hotel should provide good con- cession service, adding that they should be given ð 1 year term, and if the County doesn't li~e it, can turn it off. ... Recess: 3:05 P.M. - Reconvened: 3:15 P.M. ... Hr. Garrett C~rlson, President, Sh~lter Seagate Corporation, stated that his company has been involved with the County during the past 4 or 5 years regarding beach access and concession agreement. He added that the hotel had hoped to have some effect on the quality of the beach experience, particularly of the hotel resident, noting that if people have a good experience in food qudlity and level of service, there would be a positive transfer. He advised that the hotel has contributed several hundreds of thousands of dollars to make the beach experience a pleasant one. He noted that additional language in the option provision givcs the County additional control as to whether those options are exercised or not. He further stated that the busi- ness of encouraging corporatc group conferences is a long-term busi- ness, adding that those judgments are made 2-4 years in advance. He indicated that the hotel wants to be a good neighbor, and has worked very hard on the concerns as previously stated. Commissioner Saunders questioned whether the AUO would accept any other terms in the Agreement, to which Attorney Aaron indicated sub- Page 43 - - - -,~-"~,._.,_.,,-,.. ,. - MARCH IS, 1988 ject Agreement is the only one they will accept. Co.missioner Saunders stated that this Agreement is basically a 7-year Agreement, and is no better than the Agreement which was pre- sented two weeks ago. Co88is.ioner Hasse .ov~d, seconded by commissioner saunders, to approve a 2-year Agreement with no extensions, and then the Concession Agreeaent is to be put out tor bid. The funds to be allocated tor the third pod are to be put torward for the cost ot the utilities. have twenty-tour hours to acknowledge whether they accept the ~uo to Aqreeaent, and if not accepted, the Agree~ent goes out for competitive bid. Co.øissioner Goodnight stated that she has a problem with the pro- posal in the motion regarding eliminating the third nod, noting that this third pod would be an asset tc have, noting that Parks and Recreation could provide many recreational activities there, or a place to store equipment. comaissioner Saunders amended his second to Commissioner Hasse's motion regarding the subject of the third pod that the Commission will re-evaluate, based on staff input, as to what should be done about the third pod. commissioner Hasse accepted the amendment. Upon call for t~e question, the motion tailed 2/3 (Commissioners Goodnight, pistor and Gla.. opposed). co..issioner Pistor moved, seconded by Commissioner Goodnight, to approve the Concessionaire Agreement, as per revisions submitted in ~OO~ 112 m~ 208 Page 44 IÐO~ 112 w.t 209 KARCH 15, 1988 Exhibit "C", for a 3-year term, with an option on the part of both par- ties to renew the Agreement at the end of the 3-year term to renew for an additional 2 years, and to extend for anotter 2 years at the option of both parties. Should the Agreement expire or be terminated by the County prior to seven years from the installation date of kitchen equipaent, the covnty shall reimburse the Concessionaire for the reaaining pro rata value of said kitchen equipment: If the Agreement should expire or be terminated or is otherwise not extended to run a duration of seven years, the kitchen facilities shall remain the pro- perty of the County at such expiration or termination of this Aqre..ent at no cost whatsoever to the County; the ~oncessionaire shall reait to the county as consideration of this Agreement a percentage of the total gross revenue of the concessionaire's business in the amount of 20\ of the total gross revenues of $1,500 per month, whichever is qreater throughout the term of this Agreement and any extensions. Tape III Assistant County Attorney Weigel explained the options regarding renewal of the contract by both parties and he also discussed the language regarding "reasonable" or .unreasonable", noting that the last sentence in Paragraph 1 provides the right for the Court to make an interpretation. opon call for the question, the motion carried 3/2 (Commissioners Basse and Saunders opposed). Pðge 45 -'-"'--"" MARCH 15, 1988 It.. UEl CONSIDERATION OP A RESOLUTION DEPINIRQ A BUDGET AMENDMENT POLICY - COlfTIWt1ED TO KARCH 29, 1988 Administrative Services Administrator Ochs stated that the Budget Manage.ent Office and the Finance Department have been working on revisions to the existing Budget Amendment Policy with two primary objectives: 1. To ensure that the policy complies with F.S. regarding the appropriate procedures foe amending previously adopted budgets. To streamline the processing of budget amendments that are routín~ and reoÇcuríng in nature, and to remove the admi- nistrative budget ð8end.ents fr08 the weekly Clerk's Report. 2. Finance Director Yonkosky indicated that he has no problem with the cevi&ions as stated by Mr. Ochs, noting that his Staff worked with the Administrative Services Staff in putting together the revisions for the policy. Clerk Giles noted that the revisions would allow amendments bet~ ween departments without Board approval. Commissioner Pistor stated that he does not object to transfers within a department, but he feels the Board is responsible for the operation of the County and the budget. Finance Director Yonkosky advised that a copy of all budget ðmend- menta would be sent to the Board every Monday morning. County Manager Dorrill stated that any matter related to the Contingency Fund will continue to require approval of the Board. aOO( 112,s,:! 214 Page 46 "...---.. '00( 112 n(,~ 215 MARCH 15, 1988 In answer to Commissioner Pistor, Clerk Giles indicated that he is not completely satisfied with the revised policy, noting that he feels the Board should set a dollar amount to be noted on the Clerk's Report even if an Executive Summary is not required. Coaai..ioner pistor moved, seconded by Commissioner Saunders and carried unanimously, that consiðeration of a Resolution Defining a Budget Amendment policy be continued for two weeks. It.. I9Fl REQUEST FOR PROPOSALS FOR DEVELOPMENT SERVICES BUILDING - ~PPROVED c088issioner pistor moved, seconded by commissioner Goodnight, to approve the request for the county Hanager to solicit proposals for the.purchase, lease/purchase for the new Development services suilðing. Coœmissioner Saunders stated that before the County spends 3.5 million dollars, h~ feels it needs t~ be determined what the budget situation will be for the next fiscal year. He further stated that his understanding was that the Building Industry would be paying for the new facility by user's fees, but it appears that Sales Tax Revenues will be used to pay for the facility, noting that this is an entirely different direction. Commissioner Glass indicated that this is a, "fact-finding mission., adding that there is no money expenditure involved, except some Staff time to solicit proposals, noting that without thi3 in for- Dation, budgetary requirements cann~t be developed if the cost is Page 47 - - - MARCH 15, 1988 unknown. Assistant Colmty Manager Mclemore stated that the principal recom- mendation of the studt was to reorganize the various functions into one organization, adding that presently there is not a physical loca- tion to do this. He noted that different alternatives have been considered, i.e. rent a facility, until a future complex is built on- ca~pus to house the new Development Services Department. However, he stated there is no facility available that will meet the require- ments, due to the configuration of the building to function effi- ciently, and because of the number of parking spaces required. He further advised that rent structures have been considered, noting that after 4-S years of paying rent, 80\ of the total cost to construct a building will have been paid out in rent, with nothing to show for it. He further indicated that the alternative of a leaseback was con- sidered, noting the problem of commercial financing which would cost the County an additional 1/2\-3/4\ interest. Tape'12 Hr. McLemore indicated that after reviewing the various alter- natives, it was determined that the best business practice would be a direct turn-key purchase, noting the savings to the County will be 52-2+ million dollars. Hr. McLemore stated that the County is currently paying 52S0,000 per year outside the complex for leases on property for 30,000 sq. ft. adding that if the option was chosen to build a 40,000 sq. ft. Page 48 BOO( 112 f'Ar;f 216 --'..-.. '* 112 ,1:.( 217 MARCH 15, 1988 building now, those people could be brought into that building, until the new organization grew. ^ discussion took place regarding various other alternatives, i.e. the property in bac~ of the Texaco Station, for future expansion, the possibility of moving various departments around into buildings that are to be vacated in the future, i.e. the Health Department and the Courtroom floors. Mr. McLemore advised that all acquired information wil! be pre- sented to the Board for recommendation. Upon call for the question the motion carried 4/1 (Commissioner Saunders opposed). It.. f9F2 RESOLUTION 88-51 ESTABLISHING THE POSITIONS OF DEVELOPMENT SERVICES DIRECTOR AlID DEVELOPMEIfT SERVICES PROJECT KAMAGER - ADOPTED County Manager Dorrill stated that subject positions do not appear presently in the pay plan, further stating that this request is being .ade to acknowledge those positions. Commissioner Saunders indicated that he feels things are moving too quickly, noting that it is a little early to be creating new posi- tions, until the final plan is formalized. commissioner Goodnight moved, .econded by Commissioner Pistor to adopt Resolution 88-51, establishing the positions of Development services Director and Development Services Project Manager. Carried 4/1 (commissioner Saunders opposed). Page 49 ---.------,." .' MARCH 15, 1988 Itea 'lOA ADVERTIS~KT FOR A LOITERING AND PROWLING AND OPEN-AIR CAMPING 0 RD I KAJICB County Attorney Cuyler stated that he will return on April 26, 1988 with the r~itering and Prowling and .No Camping" Ordinance, noting that if there are any changes, he will advise the Board. ITEK flIA BtroC'E"l' AKEJrDKEJlTS 88-148/152 - ADOPTED CO88Íssioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that Budget Amendments 88-148/152, be adopted. Itea'12A RBSOLOTIOX 88-52 SETTIHG FORTH PROCEDURE FOR FUTURE APPOINTMENTS TO T1IE COLLIER COUNTY FAIR BOARD - ADOPTED. APPOINTMENT RECOHHEND~TIONS TO BE BROUGHT BACK ON 4/19/88 Co.øissioner Goodnight stated that the Collier County Fair Charter was approved by the 8oard of Directors in 1976 and a Fair Board was appointed from the Charter Mem~rs by the Board of County ColUllissioners. She further state1 that in 1977, the Board of Count~ Commissioners instructed the Fair Board to go through a nominating committee and bring those recommendations to the Board. She indicated that the bylaws do not cl~arly state this. Co88Íssioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously, that Resolution 88-52 setting forth procedures tor tuture appointments be adopted. Coaaissioner Goodnight moved, seconded by Commissioner Pistor, to aoo~ 112 P"-;[ 220 Page 50 "--" I. 112 ~ 221 KARCH 15,1988 subait the adopted Resolution to the Fair Board so they can make their rec088endations to the Board of County Commissioners on ~pril 19, which is one day prior to their annual meeting on ~pril 20. Hr. Robert Smith, Vice President, Collier County Fair Board, stated that he would like to see the Resolution become effective next year, stating it will result in mass confusion if recommendations must be made on April 19. Deputy Chief Fay Barnett, Sheriff's Department, advised that he was on the Fair Board in 1976, noting that the County wanted the Fair Board to recommend a slate of officers to the Board, and the Board would approve them. To clarify the confusion, Commissioner Goodnight stated that the Board of County Commissioners approves a members, noting that the 9th member is the past president. She further stated that on the night of the annual meeting, the nominating committee makes their recommen- dations for the II members which is voted by the Charter Members and the øembers of the Collier County Fair Board. She stated that after the election, they are introduced to the new Board. Opon call tor the question, the motion carried unanimously. Page 51 - - - -""--""-"" M..'".", MARCH 15, 1988 Iteat12B RESOLOTIO. 88-53, APPOIRTIBa PATRICX BEALE, ALBIB SMITH AND VICXY TODD TO FILL VACAJICIES ON THE CCPC CITIZE1fS ADVISORY COMMITTEE - ADOPTED cORalssloner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, to adopt Resolution 88-53, appointing Patrick Beale, Albin smith, and Vicky Todd to till the three vacancies on the CCPC citizens Advisory Committee. NO( 112 rA':[ 224 Page S2 MARCH IS, 1988 Iteaf12C "fRIll C1IA1IGB IX AGElfDA OF BOARD OF COU1fTY COMMISSIONERS JŒETINGS - APPROVB'D Co~issioner Saunders slated so as to eliminate the long periods of time the public is kept waiting and Staff is sitting and waiting for their iteas to be presented, he is suggesting that on the first and third Tuesdays of e1ch month, Public Hearings will be scheduled relating to zoning Amendments, Special Assessments, and Ordinances, etc. in addition to the land use relat~d matters, i.e. Items 6, 7 and 8 of the agenda. The second and fourth Tuesday will deal with the other agenda items. County Manager Dorrill indicated that he is in agreement with a pilot program, that will be accommodating to the public. He suggested that ite~s which adhere to the Consent Agenda Policy continue to be taken care of weekly, noting that the Consent Agenda will be twice as long if these items arc presented every other week. He further asked that consideration be given to items deemed as "emergency" situations, and if warranted, as much lead time as possible will be given for eva- luation. 'rape 113 coaaissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously that agenda items be scheduled on a trial basis froa now until the Board's vacation with Items 6,7 and 8, emergency it... and Con..nt Agenda on the first and third Tuesday of each month, .. 112 !'S'",! 226 Page 53 "-"""".---"'-"'. .* 112 fA'a 227 MARCH 15,1988 and other general department business on the second and fourth Tu..4&ys of each month. It- 112D BOARD ~TIO. SCHEDULE - 1988, '/18/88 - 7/17/88 AND THE WEEK OF AUGUST 9,1988 - APPRCVED After lengthy discussions regarding the Growth Management Plan and the budget, County Manager Dorrill stated some options so as to sche- dule vacations and b~ available for setting the tentative millage. c088i.sioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that the Board of County Commissioners vaca- tioD schedule for 1988 vill commence on June 18, 1988 through July 17, 1988, and there will be no meeting on August 9, 1988. Itea U2E COKKISSIOHERS' ~TTENDANCE AT NATIONAL ASSOCI~TION OF COUNTIES 53RD AKKUAL COKFERENCE, AUGUST 6-9,1988, IX ANAHEIM, CALIFORNIA - APPROVED Commissioner Hasse moved, seconded by Commissioner Goodnight and carried unanimously, to approve Commissioners' attendance at the National Association of Counties 53rd Annual Conference, August 6-9, 1988, in Anaheim, California. It.. 1121' BID 187-1204 TO FRONTLINE FOR TYPB III AMBULANCE - RESCINDED. AWARDBD TO AERO PRODUCTS FOR $54,694 - APPROVED County Manager Dorrill stated that what was determined subsequent to the award of Bid #87-1204 to Frontline, was the Liability Insurance requirement specifications which Frontline did not comply with. He Page 54 MARCH IS, 1988 advised that request is being made for award to the next 10weAt, responsible bidder, Aero Products Corporation of Longwood, Florida. coaaissioner pistor aoved, seconded by Commissioner Goodnight and carried unanimously, that Bið '87-1204 to Frontline Ambulance be re.cinded, and avard the same bid to Aero Products Corporation in the aaount of $54,694. It.. ,12Q REQUEST FOR PUBLIC HEARING BY THE COKKITTEE AGAINST CE!rSORSHIP IN LIB~ES It was the consensus that after revie~ of the bylaws and policies of the Library Advisory 30ard, subject will be discussed at a future meeting- ..... Coaaissioner Pistor left the Meeting- ...** It.. 1141 DISCUSSIOK REGARDING LELY BAREFOOT BEACH PARXING LOT Commissioner Glass stated that a portion of the proper~y buffering around the parking lot at Lely Barefoot Beach was sold to a developer who will deed it to the County, s~bject to Staff looking at a petition for a change in his setback requirements on the lower portion of his property. Coaraissioner Goodnigbt moved, .econded by Commissioner Saunders and carried 4/0 (Commissioner Plator not present), that Staff investi- gate and expedite the situation at Lely Barefoot Beach Parking Lot- COKKEKT RS ITEM '14810 Hr. Bob Krasowski stated that he would like to request that in the future, any items of this nalure be placed on the Regular Agenda, Page SS aoo( JlJl~'l~t~~ aooc 112 F~~ 229 MARCH IS, 1988 rather than on the Consent Agenda, 80 that individuals could par- ticipate. He indicated that he believes the transfer station wants to give their materials to a specific collection agent, Snyder Metals, for S25/ton paper, adding that he believes the City of Naples is receiving S39/ton. He stated that he feels that any type of activity, even if it is a pilot program, should receive bids. He stated that he feels a test program should be designed where data can be collected which would be relevant to future programs, that would indicate the per capita amounts of what the recycle material would be. ..... Coaaissioner Goodnight movßð, seconded by Commissioner Saunders anð carried 4/0 (Commieisoner Pi.tor not present) to approve the Con.ent Agenda with the exception ot Itea 14F1, which has been deleted. ..... It.. '14Bl RESOLUTION NO. 88-54 PROHIBITING TRUCKS AND OTHER COMHERCIAL VEHICLES IX EXCBSS OF OKE TON FROM THROUGH MOVEMENTS ON B~RON LANE IN KINGS LAKE, UNIT 1 SUBDIVISION See Page ól.3? Itea '14B2 TRAKSFER OF FUNDS WITHIN THE SOLID WASTE DEPARTMENT FOR CONTINU~TION OF LANDFILL SITE IMPROVEMENTS Line Item 470-113-3431-6310 It.. '14B3 KARCH 22, 1988 FOR ~ PUBLIC HE~RING TO CONSIDER AWARDING ~ CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO N~PLES TRANSIT CO. AND TOUCH OF CLASS LIMOUSINE SERVICE Page 56 ..--..----.. MARCH 15, 1988 It.. t14B4 RESOLOTIOR RO. 88-55 FIN~L ~CCEPTARCE OF QU~IL HOLLOW See Pages rX3Ý It.. 114B5 RESOt.trr1:0Jf JfO. 88-56 FIRAL ACCEP'l'A1ICB OF JfORTHG~TE VILL~GE, UNIT 1 See Pa1es óL3? It.. 114B6 COJfBTRDCTIOJf OF PIKE RIDGE RO~D IMPROVEMENT8 (OAK8 BLVD. TO C.R. 951) COMPLETED BY APAC-FLORIDA, IJfC. OBDER BID 86-915, AND EXECUTION. OF FlRAL QUANTITY ADJUSTMENT8 (CHANGE ORDER CO-12) , AND RELE~SE FINAL P A nŒJfT See Pages *** DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE**1 It.. 114B7 AKB.l'£1h.£Jft TO AGREEME1f'I' BETWEEJf THE BOARD OF COt11fTY COHKI8SIONERS AND TIlE COLLIER COUNTY VETERAN8 COtnlCIL, IIfCORPORATED See Pages -..ÓJ ¥ 0 - a 4 / It.. 114B8 LEASE AGREBJŒNT BETWEEN TPE BOARD OF COtTNTY COKHISSIONERS AND THE W.B.8. CORPORATION FOR UT1hIZATION OF OFFICE/CLINIC FOR THE COLLIER COOKTT HEALTH DEP~RTHENT PRIMARY CARE UNIT See Pages :If;). - ;;J..S'() Itea 114B9 AGRBEHERT WITH THE SOUTH FLORIDA SCHUTZHUND CLUB, INCORPORATED, A FLORIDA RON-PROFIT CORPORATION FOR THE USE OF COUNTY-OWNED PROPERTY FOR A DOG 8HOW See Pages as/- ~S.3- Itea 114B10 SIX MOBTH TEST PROGRAM TO RECYCLE KEWSPAPER AND ALUMINUM AT THE MARCO I8LAXD TRANSFER ST~TION lOOt 112 ,~ 230 Page S7 . ---,-, , t* 112F1~231 MARCH 15, 1988 It.. 114Bll ACXØOWLEDGE RECEIPT OP PETITIOM FROM SECTION 30 OWNERS ASSOCIATION, 18C. AKD COMSIDER FUNDS FOR SURVEY TO DETERMINE THE FEASIBILITY OP ExT£nDIJfG 25th AVENUE S.W. E~STWARD APPROXIMATELY SEVEN MILES TO CO~ WITH EXISTING ROAD RIGHT-OF-WAY WITHIN GOLDEN G~TE EST~TES tnrIT 88 See Pages PETITION NOT RECEIVED IN CLERK TO BOARD OFFICE. Itea 114B12 AGREEJUnCT BETWEEIf THE BOARD OF COUJITY COKXISSIONERS AJfI) THE EART OPUS FIRE CONTROL DISTRICT FOR OSING COUNTY-OWNED PROPERTY FOR HOLDIlfG FIREPIGJlTE It COMPETITIOIC ACTIVITIES It.. 114B13 See Pages ~$ ¡¡, - d-.S, COBSTROCTIOB AND MAINTENANCE AGREEHEBT AND SECURITY FOR BER~SHIRE LADS, U1fIT 1 Itea f14Cl - It.. U4C2 See Pages ~ t", - ~ b.å DELETED aESOLtJTIOB 88-57 WAIVING SECTION THREE M OF ORDINANCE NO. 76-48 FOR TWO COUBTY-WIDE SPECIAL EVENTS TO BE HELD MARCH 26,1988 AT THE GOLDEN GATE COKMUNITY P~RK AIm hPRIL 16,1988 AT THE NORTH NAPLES COKKUNITY PAR~ It.. U4Dl See Pages ól." - ~'7 ACCEPTAICCE OF UTILITY EASEMENT FOR GRB&ØWAY ROAD WATER ASSESSMENT P1tOJ EC"f It.. U4D2 See ,:l ,,- ~t. 9 . ACCEPTANCE OF ON-SITE WATER FACILITIES BARCLAY'S CAPRI POINT See Pages O.R. Book 1335, Pages 058-06S - Page 58 .. - MARCH 15, 1988 It.. fUD3 Bt1DCn'r AXEXDKEJrr FOR PURCHASE OF A DUrlING PLOTTER IN THE AMOUN'l' OF $5,900, UTILITIES E.OlNEERIRG Fund 408 IteJI fUEl AOTBOaxZATIOK TO RECEIVE PROPOSALS FOR POSSIBLE ESTABLISKKENT OF A KASTER LEASE/PURCHASE PROGRAM FOR FI.ANCIRG EQUIPMENT AND BUILDINGS It.. 114E2 BOARD EXAJUJrATION OF THB StJJ'FICIDCY OF BONDS OF COUNTY OFFICERS It.. 1141'1 - DELETED It.. 11401 GRART AGREEMENT OCHOPEE FIRE CONTROL DISTRICT IN THE AMOUNT OF $4,140 See Pages a.. 70 - ~? 9 It.. 'UH1 GAZN71KB FOR INMATES MOS. 44051, 45530, 49419, 53012, 37182, AND 32043 Itea 114H2 SATISFACTION OF LIENS FOR PUBLIC DEFENDER See Pages ~() - :J 9' Itea U4H MISCELLANEOUS CORRESPONDENCE FILED AND/OR REFERRED There being nO objection, the following correspondence was filed and/or referred to the various departments as indicated below: 1. Resolution received 03/07/88 from Bonita Shores & Little Hickory Shores Improvement Association, Inc., supporting efforts of the Commissioners of the Little Hickory-Bonita Shores Fire Control District in petitioning the BCC to act to resolve the water supply problem which exists within the fire district. Referred to acc and filed. 100« JlJl~'I~[~~ Page 59 ,. 112 fJr,t. 233 . 6. 10. MARCH IS, 1988 2. Letter dated 03/IS/S8 from James C. Giles, Clerk of the Circuit Court, re Property & Liability Insurance Premium increases from the Risk Management Department. Referred to Neil DorriÜ, Lori Za1ka and filed. Letter dated 03/02/88 from Bud Parmer, Director, Division of Housing and Community Development, Dept. of Community Affairs, advising of apublic hearing to receive input & com- ments on the CDBG Program Statement of Objective and Certifications for Federal FY 88. Referred to Neil Dorrill, Wanda Jones and filed. 3. 4. Memorandlim dated 02/22/88 from George f/aynie, Director, Division of Accounting & Auditing, Office of Comptroller, State of Florida, enclosing State warrant representing the Pari-Mutuel Distribution. Referred to Neil Dorrill, Jim Giles, Joe Warren (with check) and filed. Letter dated 02/24/88 from Douglas L. Fry, Environmental Manager, DER, enclosing short form application (File No. 111456355 and ll14S639S), involving dredge and fill activities. Referred to Neil Dorrill, David Pettrow, Dr. Proffitt, George Archibald and filed. 5. 7. Letter dated 02/25/88 from Douglas L. Fry, Environmental Manager, DER, enclosing short form application (File No. lI14S729S), involving dredge and fill activities. Referred to Neil Do~rill. David Pettrow, Dr. Proffitt and filed. Letter dated 02/26/88 from Douglas L. Fry, Environmental Manager, DER, enclosing short form application (File No. 1l14S806S) which involves dredge and fill activities. Referred to Neil Dorrill, David Pettrow, Dr. Proffitt and filed. 8. Letter dated 02/29/88 from Douglas L. Fry, Environmental Manager, DER, enclosing short form application (File No. 11l4589lS), involving dredge and fill activities. Referred to Neil Dorrill, David Pettrow, Dr. Proffitt and filed. Letter dated 03/02/88 from Douglas L. Fry, Environmental Manager, DER, enclosing short form application (File No. 11146020S), involving dredge and fill activities. Referred to Neil Dorrill, David pett:ow, Dr. Proffitt and filed. 9. Nolice dated 02/29/88 from rtichard Deadman, Project Manager, Division of Waste Management, DER, advising of public hearing on hazardous waste site selection process set on March 9th, in Tallahassee. Referred to Neil Dorrill, David Pettrow, Bill Lorenz and filed. Page 60 - - 11. 12. 13. 14. IS. MARCH IS, 1988 Letter dated 03/02/88 from L. Anita Trimble, Environmental Specialist, DER, enclosing standard form application (File No. 111460389, Collier County Commission), involving dredge and fill activities. Referred to Neil Dorrill, David Pettrow, George Archibald and filed. Received 02/24/88 Agenda from Florida Advisory Council on Intergovernmental Relations, for ACIR Subcommittee Meeting to be held February 29, 1988 in Tallahassee. Referred to Neil Dorrill, Jim Giles and filed. MelQorandun. dated 03/01/88 from Peter K. Peterson, Chief, Bureau of Crimes Compensation and Victim Witness Services, Florida Department of Labor & Employment Security, to Potential VOCA Grant Recipients regarding 1988-1989 Victim Assistance (VOCA) Grants. Referred to Neil Dorrill, Jim Giles and filed. Letter dated 02/22/88 from Gerald G. Lolt, P.E., District Traffic Operations Engineer, Florida DOT, regarding Notification of Changes in Traffic Requlations. Referred to Commissioner Goodnight, Neil Dorrill, George Archibald and filed. Letter dated 03/01/88 from W. R. Trefz, P.E., Deputy Assistant Secretary, Florida DOT, enclosing the DOT's announcement of upcomir,g public ~earings. Referred to BCC, Neil Dorri 11, George Archibald and filed. 16. Letter dated 02/2Q/88 from Dr. Jane Polkowski and Roger Evans, Business ~gr. II, attaching HRS Collier County Public Health Unit Quarterly Report. Referred to Neil Dorrill, Kevin O'Donnell and filed. 17 . Letter dated 03/01/88 from Robert L. Johnson, Director, Child Support Enforcement, HRS, attaching warrant totalling $127 representing incentive payments for fourth quarter in Federal FY 87 on b~half of Title IV-D AFDC and Non-AFDC families. Referred to Neil Dorrill, Jim Giles, Lori lalka, Joe Warren (with check) and filed. 18. Minutes: Fi led 02/10/88 02/04/68 01/28/88 02/09/88 03/08/88 02/24/88 01/04/88 - CCPC Citizens Advisory Committee -& 02/18/88 CCPC and 03/03/88 Agenda - Library Advisory Board - G.G. Pkwy. Beautification Adv. Comm. and - Agenda - CAC and 03/07/88 & 03/09/88 Agenda - Ochopee Fire Control District Adv. Comm. I~ 112 PA~.{ 234 Page 61 "-"'-'-~"'-"'- ... MARCH 15, 1988 Notice to Owner dated 02/29/88 from Plastic Specialties of Florida informing that they have furnished skylight material & labor installation for Marco Island Library, under an order given by Cornerstone General Contrs., Inc. Referred to Neil Dorrill, George Archibald and filed. 1* 112 '1"£ 235 19. 2Q. 21. 22. 23. 24. 2S. 26. 27. 02/22/88 N~ti_e of Proposed Agency Action Order Setting Final Rates and Charges, Docket No. 8706S4-WS, Order No. 18898, from the Public Service Commission, regarding Application of North Naples Utilities, Inc., for a staff assisted rate case in Collier County. Referred to Neil Dorrill, Bruce Anderson, Tom Crandall and filed. 02/18/88 Notice of Hearing to FPL and Herbert Wilson, from the Public Service Commission, re docket No. 870991-EI. Filed. 03/01/88 Application for Rate Increase, Docket No. 87l249-SU, fron the Public Service Commission, re application of Florida Cities Water Co., Golden Gate Division, for increase in wastewater rates in Collier County. Referred to Neil Dorrill, Bruce Anderson, Tom Crandall and filed. 03/02/88 Notice of Hearing to AT&T Communications of the Southern States, Inc., Docket No. 870347-TI, from the Public Service Commission. Referred to Neil Dorrill, Ken Cuyler and filed. Letter dated 03/U4/88 from Robert L. Patton, Controller, Tax Collector, attaching distribution recap showing year to date totals of taxes collected net of discount for 1985/86. Referred to Lori Zalka and filed. Letter dated 02/22/88 to James A. Scott, Chairman, Appropriations Committee, The Florida Senate, from J. Marion Moorman, Public Defender, regarding the special instructions on determining "program priorities". Referred tc BCC, Jim Giles, Neil Dorrill and filed. Received 03/04/88 from the Director, Bureau of the Census, advising that there will be ð delay in the annual mailout of the materials for the 1988 Boundary and Annexation Survey. Referred to Neil Dorrill, Ton McDaniel and filed. Letter dated 02/23/88 from Peter N. Stowell, Regional Ma~ager, U.S. Department of Transportation, enclosing copy of 02/02/88 Federal Register Notice entitled, "UHTA Fiscal Year 1988 Formula Grant Apportionments." Referred to Neil Dorrill, Jeff Perry (with Federal Register) and filed. Page 62 ---"--,, MARCH IS, 1988 It.. '1411 RESOLU7IOK KO. 88-58 APPOIKTIKa LOWELL E. DISTERDICK TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COKKITTEB See Page ~9? *** There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:10 P.M. , ...' , ,,"""", '" ":"" .' "'.. .., , t I , "'- ATTEST: ,"'..-'J ..~::-,.- f :"'~ .~¡,~, JAMES C. cJÌ.E~.,;"é'LERi< "" '..,"". . ", , , BrJ ¥JÜ!c~~;l ~ße. These \'I'{~~t~~ :~'ÞÞ'f.dxiä" ':by the Board " ' ",.:H" ~ ",' as presented"'~','~oi as corrected """"" 100( j[j[~'&~[~f) BOARD OF COUNTy COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~~- ARNOLD LEE GLASS, CHAIRMAN on f1f~-"ß~5J ¡t¡pp Page 63 -- ,...-