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BCC Minutes 09/22/1987 R - .. .. Naples, Florida, September 22, 1987 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 h~ving conducted business herein, met on this date at 9:00 A.M. in nEGULAR SESSION in BUilding "F" of the Government Center, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Arnold Lee Glass John A. Pistor Burt L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Beverly Kueter and Maureen Kenyon, Deputy Clerks; Neil Dorrill, County Manager; Ron MCLemore, Assistant County Manager; Ken Cuyler, County Attorney; Bruce Anderson, Assistant County Attorney; Tom Crandall, Utilities Administrator; George Archibald, Public WorkE; Administrator; Kevin O'Donnell, Public Services Administrator; Ann MCKim, Planning/Zoning Director; Dave Weeks, Robert Duane and Dwight Nadeau, Planners; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 AODK 107 rA'·t 616 107 '~ct 623· SEPTEMBER 22, 1987 Tape t1 Item f3 AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES Commissioner Saunðers moveð, seconðeð by Commissioner Glass anð carried unanimously, that the Agenða and Consent Agenða be approved with the following changes: Petition R-87-19C, Dr. Neno J. Spagna - Continued to October 6, 1987. An Ordinance repealing Ordinance Nos. 73-ll and 82-94 Regulating Blasting - Deleted. Item #6Bl Item #6C2 Item #6C3 Item #9B7 Item #9F2 Item #UD Item #12C Item #1405 Item #!l4Hl Petition AV-87-002, Bruns & Bruns, Inc. - Continued to October 6, 1987. Consideration of Resolution re Rookery Bay Aquatic Preserve - Added. Discussion on the postponem~r.( of the One-Cent Sales Tax Referendum - Added. To be discussed in conjunction with Item #6C4. Consideration of Resolution authorizing issuance of a revenue anticipation note for road special assessments - Added. Recommendation to review County's construction and Facilities Management process - Added. Acceptance of water facilities for the Kings Lake Square Shopping Center - Moved to Item #9D2. Astrology Permit for Charis Orlen Nelson - Moved t.::> Item U2D. Item 'SA EMPLOYEE SERVICE AWARDS - PRESENTED fallowing employees: Chairman Hasse presented Employee Service Awards to the - .. Page 2 .. - 'I p- SEPTEMBER 22, 1987 R. Bruce Anderson Judith Marks Wilson Campbell County Attorney's Office Social Services Dept. Road & Bridge Dept. 5 yrs. 10 yrs. lO yrs. Item I6B2 ORDINANCE 87-72, PETITION R-87-9C, WILSON, MILLER, BARTON, SOLL AND PEBK, RBPRESENTING NEEDLER TREE FARM REQUES~ING A REZONE FROM A-2 AND RSP-l TO PUD KNOWN AS KEYSTONE PLACE ADOPTED Legal notice having been published in the Naples Daily News on August 7, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the er.actment of a County Ordinance amending Ordinance 82-2, The Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, by changing the zoning classification on real property from A-2 and RSF-l to "PUD" Planned Unit Development known as Keystone Place. Planner Duane stated this request to rezone the subject property is for the purpose of developing 406 multi-family dwelling units and the project will consist of villas, cluster homes, townhouses and recreational facilities. He outlined the subject property on a zoning map, stating that lands to the north are nursery grounds, fallow farm fields and sparsely developed single-family residential uses; to the east, across Airport Road, are fallow farm fields and a golf driving range; to the south, adjacent to the Subject parcel, is vacant industrial land; and to the west are sparsely developed residential land and undeveloped pine flatwoods. Mr. Duane stated that when the petition Was originally submitted there were concerns about a density of approximately 12 units per acre aDO( lCJ7 1>1';[ 621" Page 3 ...."-"-"~'--~~~"".,.,.>"'"._._-- .. 107 n~[ 625 SEPTEMBER 22, 1987 located adjacent to RSF-l zoning. He stated that since that time the petitioner has made improvements which ease Staff concerns: l. The landscape buffer has been increased from ten to twenty feet, and placed on top of a berm to increase the height of the buffer along the northern property line abutting the RSF-l Zoning. 2. One of the water management retention are~s has been shifted to the northern property line to increase the separation bet- ween single and multi-family uses. Density has also been reduced on th~ rear portion of the property, and increased by several units per acre on the front half which abuts A-2 Agricultural Zoning. 3. The maximum height of mUlti-family uses has been limited to two stories in height along the northern property line, abutting RSF-l zoning and several bUildings have been shifted so that the narrowest side of the buildings abut the adjoining property line. 4. The setback has been increased from twenty to fifty feet along the northern edge of the property line abutting the R:=;F-l Zoning. Mr. Duane advised that the CCPC held their public hearing on August 3l, 1987 and unanimously recommended approval subject to stipu- lations. He said the petitioner is in agreement with all stipula- tions. In answer to Commissioner Pistor, Utilities Administrator Crandall advised that this project will connect to the existing City of Naples water main until the County Water System in that area is available. He indicated that the County system would not be ready until approximately mid-year, 1988, or whenever terms are agreed to with the City of Naples. Responding to Chairman Hasse, Alan Reynolds, of Wilson, Miller, " Page 4 - .. - - .. - SEPTEMBER 22, 1987 Barton, Soll & Peek, Inc., stated there will be a collector swale system to handle the run-off from the north and route it into the Air- port Road system. Answering Commissioner Saunders, Mr. Reynolds stated the earliest the project would need a water system would be summer or fall, 1988. Mr. Reynolds stated there is already an existing agreement between the City and the County for the City to serve this area until the County system is available, and their water needs would be structured the same. Mr. Crandall advised that this area is covered by the 1977 Interlocal Agreement with the City. He stated that the agreement requires the County to satisfy all outstanding bond debts on the lines, however, it has not been determined if there are any. Commi~sioner Saunders asked if it would cause any contractual problems if the Board prohibited this project from connecting to the City system since they will not need to connect until the County system is ready? Assistant County Attorney Anderson stated there may be some contractual problems, but felt confident they could be worked out. Commissioner Saunders suggeuted that this condition be placed on this petition. Mr. George Keller, Collier County Civic Federation, objected to the density of t~is project, stating it is too high. Mr. Duane stated the petition is in compliance with the Comprehensive Plan and accumulated 92 points in the rating system. He stated it is true the density is a little high, however, the property Page 5 art( 107 r!~: B26 -----. 107 Flo';\ 627 SEPTEMBER 22, 1987 is adjacent to industrial zoning. He said Staff feels it is a good transition and very restrictive regulations have been imposed on the property. In answer to Ch~irman Hasse, Mr. Reynolds stated there will bp. a turn lane and the median opening has been coordin~ted with the construction of Airport Road. Commissioner Pistor moveð, seoonðeð by Commissioner Gooðnight anð carrieð unanimously, that the publio hearing be oloseð. Commissioner Pistor moveð, seconðeð by Commissioner Saunðers and carried unanimously, that the orðinanoe as numbereð anð titled below be adopteð anð entered into Orðinanoe Book No. 28 with the stipulation that water will be provideð to this project solely by Collier County. ORDINANCE NO. 87-72 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-l BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 AND RSF-I TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS KEYSTONE PLACE FOR 404 DWELLING UNITS FOR PROPERTY LOCATED ON THE WEST SIDE OF AIRPORT ROAD, APPROXIMATELY 1.2 MILES NORTH OF PINE RIDGE ROAD IN SECTION 2, TOWNSHIP 49 S0UTH, RANGE 25 EAST, ±34 ACRES; AND PROVIDING AN EFFECTIVE DATE. . . !- Page 6 - .. - --.......- · .---...,...-.-......, aoDi' 107 !':;t 629 SEPTEMBER 22, 1987 Item '6B3 PETITION R-87-27C, COMMUNITY DEVELOPMENT DIVISIOM P.~QUESTING REZONE PROM MHSD TO "I" TO CORRECT SCRIVENER'S ERROR - CElfIED Legal notice having been published in the Naples Daily News on August 21, l~87 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 82-2, The Comprehensive Zoning Regulations, by amending thE! zoning classification of real property from MHSD to "I" located at the north side of the end of East Delaware Avenue, approximately l/2 mile east of C.R. 846 in Immokalee. Planner Weeks stated this petition is a companion to Item #7B4. He stated that the land to the north is zoned Industrial and C-S; land to the east is zoned Industrial; and lands to the south and west are: zoned MHSD. He outlined the exact location on an aerial map and showed the only land around this property which is developed is the mobile home subdivision to the west. Tape f2 Mr. Weeks advised that a zoning error was made in 1979 and the subject property was changed to MHSD Zoning, on the zoning map only, when the map was being changed for another petition. He noted the subject property was not part of this change and should have remained Industrial. He continued by stating that when the Board of County Commissioners executed a comprehensive zoning change in 1982, this property's erroneous MHSD Zoning became official. He stated that in Page 7 - - - SEPTEMBER 22, 1987 order to correct this scrivener error, Staff is requesti~g that the subject property be rezoned back to Industrial. Mr. Weeks explained that an automobile junkyard has existed on the site for many, many years and Item #7B4 is requesting that a Provisional Use for an automobile junkyard be give':, He stated nor- mally Staff would not endorse this, however, because the current zoning was apparently an error, Staff is recommending approval. Mr. Weeks stated the CCPC helô their public hearing on this peti-' tion on September 10, 1987 and unanimously recommended approval sub- ject to Staff's stipulations. He advised that no correspondence has been received. Chairman Hasse stated his objection to granting a Provisional Us'~ for an automobile junkyard next to residential property. He suggest'~d that the zoning be left alone and the junkyard would be grandfathered until such time as it is sold. He stated the problem should not be compounded. Commissioner Goodnight stated that the junkyard was there for many years before any of the mobile homes and people knew they were moving in next to the junkyard. She stated there is another junkyard locðted off Newmarket Road and the subject property is a much better locaticn for a junkyard. Mr. Weeks advised that the junkYðrd is surrounded on three sideE; by property zoned Industrial. In answer to Commissioner Saunders, County Attorney Cuyler stated Page fI ~DG« 107 ~:~ 630 107 PA(;l631 SEPTEMBER 22, 1987 the actual zoning of the property would depend on whether the Board of County Commissioners actually intended to change it. He stated the property ùwner would have a good argument that they simply relied ~n the zoning map, as it appeared at that time. Commissioner Goodnight moveð, seconðeð by Commissioner Saunders anð carrieð unanimously, that the pUblic hearing be closed. Commissioner Gooðnight moved, seconded by Commissioner Saunðers that Petition R-87-27C, Community Development Division, representing the Boarð of County Commissioners, requesting rezone trom MHSD to "I" to correct scrivener's error, be approveð. Upon call for the question, the motion faileð 2/3 (Commissioners Hasse, Pistor anð alasa opposeð). Item f7B4 PETITION PU-87-20C, COMMUNITY DEVELOPMENT DIVISION, REQUESTING PROVISIONAL USE "B" OF THE I-INDUSTRIAL DISTRICT FOR AN AUTO WRECKING YARD - DENIED Commissioner Pistor moved, seconded by Commissioner Glass and carrieð 3/2 (Commissioners Saunders anð Goodnight opposeð), that Petition PU-87-20C, Community Development Division, representing the Board of County Commissioners, requesting Provisional Use "B" of the I-Inðustrial District for an auto wrecking yarð, be denieð. Item t6Cl RESOLUTION 87-218, PETITION AV-87-0ll, TASHA o. BUFORD, AGENT FOR PETITIONER, REQUESTING VACATION OF A PORTION OF OAKS BOULEVARD FOR THI: VINEYARDS - ADOPTED Legal notice having been published in the Naples Daily News on September 6, 1987 as evidenced by Affidavit of Publication filed with Pl!lge 9 - - - .. .---.............".---".............. - - - SEPTEMBER 22, 1987 the Clerk, public hearing was opened to consider a vacation of that part of Oaks Blvd., a 100 ft. road right-of-way, as deeded to Collier County and recorded in O.R. Book 846, Pages 811 through 816. Public Works Administrator Archibald advised the p,~tiLioner is requesting to vacate a portion of Oaks Blvd. at the southern end which is within the Vineyards Unit 1 PUD. He stated that the roadway is being reconstructed by the developer of the Vineyards from a two-lane road to a four-lane road. Chairman Hasse stated that because Oaks Blvd. is a through road and he is concerned about the sharp curve that is required if a person is traveling south. Mr. Archibald stated that this problem occurs at both the north and south end of Oaks. He stated his belief that this was the intention of the developer since he did not want his internal road system to align with Oaks Blvd. going north. He said that part of the reasoning for this is that the County has designated Logan Blvd. as a major collector road between Pine Ridge Road and Immokalee Road. Mr. Wafaa Assaad, Project Manager for the Vineyards, stated that the road alignments shown on the exhibit are all of the future roads to be constructed in the Vineyards as approved in the original DRI and the amendments approved in August, 1987. He stated the intention was to separate the Vineyards traffic and improve the intersections at Pine Ridge Road and Vanderbilt Beach Roads. He stated the road, as it lies now, would cross some commercial property and Lake #1. Page 10 ðOO1( 107 P~~·i 632 _....,_.."'--,.~. -...---,. 107 f:í!. 633 SEPTEMBER 22, 1987 Mr. Archibald stated that when this intersection is completed, it will be a three-way intersection and the through road will run east and west and Oaks will be a side road. He noted that it is a very short section of road, it will be four-laned, and traffic will have to stop. In answer to Commissioner Saunders, Mr. Archibald stated the traf- fic will flow smoothly and will only turn to enter the commercial pro- perty. He noted there will also be a traffic signal if warranted. Attorney Don Thompson, representing the Vineyards, stated that what is being discussed has already been done, the plat has been approved and recorded, and Oaks Blvd. is no longer located where it used to be. Commissioner Glass moveð, secondeð by Commissioner Saunders and carrieð unanimously, that the public hearing be closeð. Commissioner Glass moveð, seconðeð by Commissioner pistor and carrieð 4/1 (Chairman Hasse opposeð), that Resolution 87-218, Petition AV-87-011, vacating a portion of Oaks Blvd. as a PUD anð DRI requirement for the Vineyards, Unit 1, be adopted. .', ¡ Page 11 - - - SEPTEMBER 22, 1987 Item. '5C4 , '9F2 CONSIDERATION OF ORDINANCE ESTABLISHING AN ADDITIONAL ONE-CENT SALES SURTAX IN COLLIER COUNTY - NO ACTION. RESOLUTION 87-219 REMOVING ONE CENT SALES TAX QUESTION AND RESOLUTION 87-220 RE EAST NAPLES FIRE DISTRICT BONDING UESTION FROM OCTOBER REFERENDUM _ ADOPTED Tape 13 Legal notice having been published in the Naples Daily News on September 2, 1987 as evidencerl by Affidavit of PUblication filed with the Clerk, public hearing was opened to consider an ordinance establishing an additional one-cent sales surtax on all transactions occurring in Collier County which are subject to the State Sales Tax. County Manager Dorrill stated that the Citizens Committee met last week and stated they encourage the Board to adopt the Growth Management Report in order to give the public an understanding of why the additional one-cent sales tax is needed; and to encourage the Board to postpone the referendum on the one-cent tax to March 8, 1988. He stated the reason for this recommendation of postponement is because there is confusion Over the One-Cent County Option Sales Tax and the State Services Tax and there are alse questions as to whether a full penny is required. Chairman Hasse stated he is very willing to postpone the referen- dum, however, he does not want to place a specific date on the post- ponemen t . In answer to Commissioner Pistor, Mr. Dorrill stated that the options are to delete projects or to undertake analysis of other Page 12 BOD( 107 P~~J. 636 ...,----"_......,"'-~ 107 'Aít637 SEPTEMBER 22, 1987 funding revenues, such as bonds, impact fees, and ad valorem taxes. He stated, however, that the one-cent sales tax option should still be considered. Commissioner Glass stated that within two weeks, it will be known how the State is going to handle the Services Tax. He stated that the Board needs a target date for the referendum and March is appropriate. Commissioner Saunders stated the Board needs to give the Staff direction and whether the referendum date is set today or two weeks from now, the County Manager will have to submit an education plan. He noted that in order for a plan to be put together, a target date is needed. Commissioner Saunðers moveð to withðraw the question of the Local Option Sales Tax anð The Fire District question on bonðing anð cancel the October referenðum in its entirety. Mr. Ira Evans, Marco Island Taxpayers Association, stated that the public needs clarification on how the money is going to be spent. He questioned the money to be used on utilities and stated the pro- posed ordinance needs revising. Mr. Dorrill stated that the proposed ordinanc~ is not flawed, however, when ordinances are written to be very specific it sometimes prevents the Commission from undertaking certain actions. As an example Mr. Dorrill noted the current ordinance for Science and Pollution Control which was written so specifically that now they can- not accomplish some very important functions. He then gave Mr. Evans Page 13 - - - SEPTEMBER 22, 1987 several examples of how the money will be used. Commissioner Pistor advised Mr. Evans that St~te Law prohibits the use of the tax for operational functions of any project. Commissioner Pistor moved, seconðeð by Commissioner Gooðnight anð carrieð unani~ously, that the public hearing be closed. Commissioner Saunðers restateð his motion that Resolution 87-219 r~oving the One-Cent Local Option Sales Tax ballot question from the . October 27, 1987 Special Referenðum, be aðopteð. Commissioner Pistor secondeð the motion which carried unanimously. Commissioner Saunðers moveð, seconded by Commissioner Pistor and carrieð unanimously, that ResOlution 87-220 removing the East Naples Pire District bonðing question from the October 27, 1987 Special Referenðum, be aðopteð. Commissioner Pistor moved, seconðeð by Commissioner Saunders and carried unanimously, that no action be taken at this time on the pro- poseð ordinance establishing an aððitional one-cent sales surtax on all transactions occurring in Col~ier County which are subject to the State Sales Tax. Commissioner Pis tor moved, seconded by Commissioner Glass and carrieð unanimously, that consideration on the one-cent local option sales tax be rescheðuleð for October 13, 1987. See Pages 7¿¿ -7~? ..... Recess: 10:30 A.M. - Reconveneð: 10:~0 A.M. at which time Deputy Clerk Kenyon replaceð Deputy Clerk Kueter ..... Item '7Bl PETITION PU-87-9C, WILSON, MILLER, BARTON, SOLL & PEEK, INC. REPRESENTING ATRABAN HOMES, INC. REQUEaTING PROVISIONAL USE FOR A UTILITY SITE - CONTINUED TO THE END OF OCTOBER SUBJECT TO CONDITIONS Page 14 &00(. 107 P1',~ 638 '00< 101 mt 639 SEPTEMBER 22, 1987 Planner Nadeau stated that this is a request for Provisional Use 8.10 essential services of the A-2 district for a utility site for property located approximately 3/4 mile north of U.s. 4l, adjacent to the northeast corner of Naples Isle, located in Section 12, Township Sl South, Range 26 East and consisting of ± 7.87 acres. He noted that this petition is a companion item to the Rookery Bay utility expansion which is Item 8A, adding that the Board of County Commissioners con- tinued this petition from August 25, 1987 because more information was required from the Rookery Bay Utility site and the County Attorney's office. He indicated that the zoning surrounding the area is pri- marily A-2, adding that the Naples Isle subdivision will have approxi- mately 600 units and the sewage package plant would serve this subdivision. He noted that this petition is in compliance with the Comprehensive Plan and the CCPC's recommendation is for approval sub-- ject to staff stipulations. Commissioner Hasse stated that the Staff Report of the Natural R~sources Department indicates that this package plant will be for the construction of a sewage treatment facility to service this and other surrounding mobile home communities and questioned what this means? Plapner Nadeau stated that it is Staff's understanding the packa;e plant would service the 600 units in the Naples Isle mobile home park. Tape '4 Utilities Administrator Crandall stated that any surrounding deve- lopment would have to have the permission of the Utilities Department Page IS - - - SF.PTEMFER 22, 1987 before they could tie into a package plant that is run by Naples Isle. Mr. Tom Peek of Wilson, Miller, Barton, SolI & Peek, Inc., repre- senting Atrab3n Homes, stated that the request is for service for Naples Isles only and not any other surrounding properties. Planning/Zoning Director McKim stated that the statement from the Natural Resources Management Department is a general statement only and the reference to other surrounding properties should not be i~ that Staff Report. Mr. Peek stated that the petitioner has a 600 unit mobile home subdivision that is under construction and he is requesting a provi- sional use in order to provide a sewage treatment plant on site to servic~ the needs of this development. He noted that when this pro- ject was started in 1974, there was not any other sewer service available in the area and the project was laid out to have a plant on site and subsequent to that, the then owner sold it to a second owner and the second owner was going to connect to f-ookery Bay Utilities, who had gone into the business by then, but he did not develop his property; subsequent to that, the owner that now has the pro~~rty, Atraban Homes, came to him for professional services to move forward with the project. He noted that they looked at opportunities for other sewer services to provide the service and at that time, Rookery Bay Utilities did not have the capacity to serve the property and he, therefore, was in need of providing service and an on-site plant was chosen by the petitioner. He noted that a request was filed to put an aDOK lU7·p~·~fJ'1J Page l6 107 P...t 641 SEPTEMBER 22, 1987 on-site sewage treatment plant on the site and he is requesting appro- val. He indicated that in April or May, Rookery Bay Utility Company received from the DER a permit to expand their plant from 150,000 gallons per day to 450,000 gallons per day, adding that at the first meeting they indicated that this project was in their service area as granted by the Public Service Commission, but that was not the case. He noted that on August 13, 1987, Rookery Bay Utilities filed a request to expand their area with the Public Service Commission to include the Naples Isle property. He noted that the Board of County Commissioners indicated that Staff had been in discussion with Rookery Bay Utilities about an agreement, whereby certain things would OCcur between Rookery Bay Utilities and Collier County and subsequently, the Board of County Commissioners postponed the pro~isional use from the August 25, 1987, meeting until this date to obtain some additional information and have an agreement drafted that could be considered this date. He indicated that he iG requesting that his provisional use petition be approved. He noted that he has obtained a copy of the, Sewer Service Agreement between Collier County and Rookery Bay Utilities and has some questions concerning this matter. Commissioner Hasse stated that it is a policy of the County to avoid package plants throughout the County and if there is a sewer service available, the County would prefer that the project be hooked up to whatever system is available. Commissioner Saunders stated that he would suggest that Item 8A be Page l7 _. - - "·""·'··_·"_'_'H·~''''·'''_'''''·,."" ."..,","""""'...._,~ SEPTEMBER 22, 1987 discussed at the same time as this issue, adding that he would like to know if there is reasonable alternative service to the Naples Isle project. Mr. Peek stated that a concern that his client has is that if there is not dn alternative that is felt to be continuous in nature and substantial to provide for his customers, he does not want this provisional use denied and have to go through negotiations with Rookery Bay Utilities to connect onto them for service and then find out that the PSC has denied the request of Rookery Bay Utilities. He noted that this would ~et them back 6 months and they would have to start allover again with a provisional use to provide their own ser- vice. Commissioner Hasse stated that he talked with a representative from DER and according to a report that he received, the facility appears to be in COMpliance wlth rules and regulations. Mr. Kenneth Gatlin, representing Rookery Bay Utilities, stated that this utility company is subject to the territorial regulations by the PSC, adding that they are presently serving Westwind and other areas and Naples Isle is across the street from Rookery Bay Utilities. He noted that his client wants to comply with the Board of County Commissioners' policy which is to prevent the building of small package plants throughout the County and to eventually have the County own all the treatment plants. He stated that an agreement has been drafted and they will agree to serve the Naples Isle subdivision and they will MDI: 107 t's·.: 6t12 Page 18 "::. 101 P&r,{6~3 SEPTEMBER 22, 1987 agree that at the time provided in the long-range plan of the County they will turn the facilities over to the County and in the meantime, if the County wants to agree to it, they will ~urn the customers over to the County now and enter into a bulk rate treatment agreement with the County. He noted that Rookery Bay Utilities began in 1972 and it has now applied and has approved from the DER permission to increase the size of this plant to 450,000 gallons per day. He noted that it has been filed with the PSC and they have taken this into con- sideration as to whether to grant Rookery Bay Utilities application to extend its certificate of territories so it will include Naples Isle. He indicated that Mr. Spade has a construction schedule ready to go to build the plant and has financing available and the terms of the financing depends on whether Naples Isle will be included or not included and how many customers will be involved and how much revenue is involved, adding that the final items of the agreement cannot be resolved until this request has be~n resolved and until it has also been resolved before the PSC. He noted that Rookery Bay Utilities filed under Chapter 367 of notice of intent to extend its facilities to include the Naples Isle facilities and barring some protest, Rookery Bay can extend its facilities and serve Naples Isle whenever it is ready under State law, but it cannot do it now though because the developer of Naples Isle filed a protest and pursuant to the Commission instructions, the Assistant County Attorney filed a protest on behalf of the County. He noted that i:e assumes the idea is not to Page 19 - - - - .. - SEPTEMBER 22, 1987 stop Rookery Bay from extending but to hold the matter in abeyance until this Board resolves how it wants to proceed with the overall master plan of sewer facilities. He stated that his client is ready to comply with the master plan and with the policy of minimizing the building of small package plants and under the terms of the master plan, when the County's facilities are there and ready to serve Naples Isle, then his client will turn the system over to the County. Commissioner Saunders stated that Mr. Spade indicated that he would be willing to turn those customers and the lines over to the County, when the County is ready to provide service, at no charge to the County and questioned if this is still accurate? Mr. Gatlin stated that this is correct and this is a provision in the draft agreement. Commissioner Saunders questioned how long it will take to construct the necessary improveménts to service Naples Isle, if the petition with DER has already been filed, to which Mr. Gatlin stated that the plant will be operational by August 10, 1988. Commissioner Pistor questioned if Rookery Bay Utilities will ceasl~ operation when the County has their collection line in this area, to which Mr. Gatlin replied affirmatively. Commissioner Pistor questioned if the plant will be removed, to which Mr. Spade stated that he would dismantle the plant and remove it entirely from the grounds. He noteò t~at there are approximately 6,000 customers, 10 miles of force main and other pertinent items per- Page 20 aoo~ 107 t'4':.!644 107 '¡'I! 645 SEPTEMBER 22, 1987 taining to Rookery Bay Utilities would be turned over to the County. He noted that this is what has been drawn up and what they have agreed to do, which is all predicated on the expansion program at this time. He noted that he feels that he has lO years to recoup his investment. Mr. Peek stated that the construction schedule with a completion date of August 10, 1988, is no prcblem, adding that one of his con- cerns is whether the approval of this agreement removes Rookery Bay from the control of the PSC? Assistant County Attorney Anderson stated that as the agreement is drafted it is not removed from the PSC and the only time that it would be removed from the PSC is if the County entered into a bulk rate sewer service agreement, and it cannot be certain to what the PSC would rule on that. Mr. Peek stated that his main concern is if the construction schedule proposed will be met; that operatio~ will be continuous and what guarantees are the Utility proposing to the County and if the County enters into this agreement, does the County become a secondary guarantor on providing that service? Commissioner Glass questioned if Mr. Spade would be willing to enter into an agreement indicating that he will be able to provide these services with a bond, to which Mr. Spade stated that he is going to start construction predicated upon Naples Isle tieing in. He noted that he has a permit in process and should have the building permit by October 15, 1987, adding that he already has the DER permit. He noted Page 21 - - - - - .. SEPTEMBER 22, 1987 that he has expanded three times to serve customers. In auswer to Commissioner Hasse, Mr. Spade stated tt)at during the Bummer period, he is pumping around 80,000 gallons and that will go up to 120,000 gallons a day during peak times in season, adding that he has capacity of 150,000 gallons a day and they will have 30,000 gallons per day excess. Mr. Peek stated that his client's demands at build-out are 150,000 gallons per day, adding that his client has no difficulty with the August schedule. He noted that his concern is that there is some guarantee that the plant will be expanded and capable of accepting all 600 units of Naples Isle at build-out. Commissioner Saunders stated-that it takes 6 or 7 months to get a provisional use through the system and he does not want denial and then have to come back in the middle of October and find out that the plant is not going to be built and then start the process allover again. He noted that as an alternative the Board could continue the provisional use request. He noted that within a couple of months, the Board will know if Mr. Spade is going to start construction and he would suggest that this provisional use be readvertised for another hearing at the end of October and if Mr. Spade has not received his building permits or does not have contracts for construction, then the Board of County Comnissioners will assume at that point in time, he is not going to go forward and then the Board will have the option of ~vproving this provlsional use. He noted that this would give Mr. Page 22 ,oo~ 1m I'S".~ 646 107 P'\~ 647 SEPTEMBER 22, 1987 Spade time to work out the agreement and one key element of that agreement is that Mr. Sp~de turn over all customers and all lines at no cost to the County. Mr. Spade stated that if they have a signed contract with Naples Isle, he can proceèd almost immediately, but if he does not have a signed contract there may be a problem with the loan as it is predi- cated on the customer base. He noted that if he does not have a signed contract from Naples Isle, he would have to do this out-of- pocket and it would take longer. Commissioner Saunders stated that the signed contract could pro- vide that if the loans are not obtained by the end of October, then the contract would be null and void so that Mr. Peek's client would not have to wait on Rookery Bay Utilities. Mr. Peek stated that if Mr. Spade's financing is predicated on his client's contracting with him for serviçe, and something should happen to his client and he decides not to go through with the project how is he going to service what he is already committed to service through DER? He noted that he is already committed to serve 300,000 gallons according to the DER's records. Mr. Spade stated that he is only committed to 200,000 or 250,000 gallons as far as DER is concerned. He noted that this is not just being done for Naples Isle as they hope to capture other customers in the future, but the loan is predicated on the customer base and if there is not a signed contract with Naples Isle, it could take two Page 23 - - - SEPTEMBER 22, 1987 years to build this expansion. Tape 'S Commissioner Pistor questioned if Mr. Spade actually has the DER permit to expand and what size will the expansion be, to which Mr. Spade stated that he has the permit and it can be expanded from 150,000 gallons presently to 450,000 gallons per day. Commissioner Saunders moveð that this petition be continueð until the enð of October and betwe~n now and the end of October, Mr. Spade will work out an agreement with the County proviðing for the turnover of the service, the customers anð lines when the County is reaðy to provide service in the area; that Mr. Spade enter into an agreement for serving Naples Isle anð in the event that he is not able to pro- , vide Mr. Peek anð the County Commission sufficient evidence at the enð of October that he has his financing in place anð is unðer construc- tion or ready to begin construction, then the Boarð of County Commissioners will grant the provisional use anð let Naples Isle ðeve- lop their own plant. Mr. Gatlin stated that the PSC will go forward with holding a hearing as to whether the territory will be expanded or not even with the protest from Mr. Peek's client and the County, adding that they cannot serve the territory until the Certificate is amended and it cannot be amended until the County and the Developer withdraws their objection. He noted that at some pci~t in time when the County is satisfied that Rookery Bay utilities is going to do what they say, ao)( 107 w~ 64.8 Page 24 '00( 107 pn 649 SEPTEMBER 22, 1987 then the County and the Developer should withdraw the protest. Commissioner Saunders stated that they would not withdraw their objection until the end of October, when they ~re satisfied that Mr. Spade will be able to provide the service. He noted that at that time both parties would 'Ñithdraw their objections to the expansion of the service area, but until then, it would be a mistake to withdraw the objections. Commissioner Pistor stated that he does not want to have a bulk rate contract and does not want to see the service area expanded. Utilities Administrator Crandall stated that as it is his understanding that the Rookery Bay Utilities will have to expand if he is to meet the obligations of customers that are going to be coming on line for his plant, adding that these customers are going to be there eventually. He stated that the County is helping to make sure that this plant gets expanded by providing an additional customer base, Naples Isle. He noted that he does not have any problem with Naples Isle tying into a centralized facility if that centralized facility is already there, but the problem is that it is not there. He noted that he has a problem with the wholesale rate because of the inequity of the current customers of Rookery Bay Utilities. He noted that there are different rates depending on the sUD~ivision that is being served and if the County provides a wholesale rate, the County is going to have to adjust the rates of all the subdivisions and some of them could realize a lOO% rate increase. , Page 2S .. - - SEPTEMBER 22, 1987 Assistant County Attorney Anderson stated that he needs direction from the Board with regards to whether the agreement will be a bulk rate sewer service agreement where the County takes over the billing responsibilities or an agreement that authorizes Mr. Spade to continue serving the areas that he is ~erving, to service Naples Isle and he continues to handle billing in the manner that he has and remain subject to PSC jurisdiction, if the County decides to enter into an agreement? Commissioner Saunders stated that he does not see any reason that the County would want to enter into a bulk rate agreement, adding that the PSC is going to set the rates for Naples Isle as well as any other area and this keeps the County out of the issue of rates, billing, or accounting of any kind. He stated that as part of the motion, be will aðd that the PSC continue to set Mr. Spaðes rates anð that the County will not be involved in setting of those rates, anð there will not be a bulk sewer service agreement. Assistant County Attorney Anderson stated that Mr. Spade cannot get a building permit until this Commission okays his plant expansion, and this should not be done until there is a signed agreement. Commissioner Glass seconded the motion. The following people spoke in favor of the motion that is on the floor and not compounding the issue any further: H. Winton Hamill John Keschl Melvin Burnett Upon call for the question, the motion carrieð unanimously. ADD( 1V7 J>J'.~ 650 Pðge 26 107 pm 651 SEPTEMBER 22, 1987 Item '7B2 PBTITION PU-87-l4C, LEN BERLIN, REPRESENTING GRADY M. TOWNSEND, REQUESTING PROVISIONAL USE "F" OP THB C-3 DISTRICT FOR A NIGHT CLUB (HOLLYWOOD KNIGHTS) - DENIED Planner Nadeau stated that this request is for a Provisional Use for a nightclub at 900 Goodlette/Frank Road. He stated that this is an existing nightclub known as the Hollywood Knights. He noted that the surrounding zoning is C-3, RMF-l6; PUD, and consists of the Goodlette Arms Apartments, the residential area in the City of Naples, the Commons Building, and residential areas within the County limits. He noted that the request is in compliance wLth the Comprehensive Plan, adding that Hollywood Knights nightclub has existed at this location under different ownerships since 1980. He stated that the Zoning Ordinance requires that nightclubs that are in the C-3 district obtain a provisional use and the existing nightclub has never had a provisional use and this request will clear up this matter. H~ noted that Staff finds the provisional use appropriate at this location given the surrounding zoning and land uses, adding however, that staff has become aware of vehicles þarking in the easement adjacent to the north leading to Goodlette Arms Apartments and they have formulated a recommended mitigation measure. He indicated that Staff and all appropriate County agencies reviewed this petition and had no objec- tion to its approval subject to the stipulations contained in the Staff Report dated August 4, 1987. He indicated that the CCPC held their pubJic hearing and unanimously recommended denial. He indicated Page 27 - - - !J -...-.. - '- SEPTEMBEI~ 22, 1987 that two people spoke in opposilton to this petition a~ that hearing and their concerns were based upon the noise and the parking lot disturbances at closing time. He stated that 6 letters of opposition have been received stating the same concerns. He noted that prior to this hearing he was presented with a petition of 32 signatures from the residents of the Goodlette Arms Apartments and they have the same concerns regarding the parking lot noise after hours and the noise from the live entertainment in the nightclub. In answer to Commissioner Hasse, Planner Nadeau stated that the Sheriff's Department is not aware of any problems regarding this use, but many residents have contacted the Planning Staff with complaints. Deputy Chief Barnett stated that when this was a restaurant, they had complaints on noise adding that it is like any other restaurant in the area when it is next to a residential zone. 'l'ape U Mr. Len Berlin, representing Townsend and Lely Liquors, stated that the Executive Summary indicates that all existing zoning was in compliance when the Comprehensive Plan was adopted. He noted that all permits granted are in compliance with the Comprehensive Plan, addinç that Staff has indicated that Copperfield's was designed, permitted and constructed as a restaurant and lounge and that use has never changed in the last seven years and it should still be grandfathered in as it ~s still a restaurant and lounge. He noted that Staff found that the provisional use is appropriate at this location and he should Page 28 aoo( 107 p~r 652 107 fA? 653 SEPTEMBEP 22, 1987 not be :equesting ð provisionai use because it is grandfcthered in and is in existence prior to the aooption of the Comprehensive Plan in 1982. He stated that he has heard objections with regards to the noise and he hired a professional engineer who conducted measurements of sound and they were made between the hours of 11:30 P.M. Ðnd mid- night. He noted that in the case under review he took readings when there was a lull in traffic on Goodlette/Frank Road and the results of the study were that he measured sound levels of 49 to 52 decibels across the street from Hollywood Knights. He noted that the traffic noise was often 70 decibels and all the measurements were taken while the live band was playing rock music. He noted that the noise emitted by this restaurant is less than what is permissable with com- mercial air conditioning running. He indicated that the engineer made certain suggestions to reduce this noise to even lower levels and all the suggestions were followed. He noted that the owner filled the windows behind the band stand and in the south corners of the bUilding with styrofoam and two layers of gypsum board to reduce noise; the windows on the Goodlette side of the structure were separated with plexiglass with a four inch air space and sealed and corked to reduce noise levels; the gaps on the west side of the bUilding at Some stair locations were covered with plywood and/or plexiglass. He indicated that the noise is now well below what is acceptable. He stated that he is requesting that this item be dismissed or that the petition be granted. , ' Page 29 - .. - '. i./ --....-.-.-- - .. .. ~ SEPTEMBER 22, 1987 In answer to Commissioner Glass, Mr. Berlin stated that an off- duty highway patrolman has been hired to police the parking lot. Commissioner Glass stated that he would like the issue of the 19£10 zoning resolved. County Attorney Cuyler stated that his understanding is that thin establishment was not grandfathered in as it has been used as a restaurant and has on occasion had live entertainment, but that 50\ of the sales has always been for the restaurant. Planning/Zoning Dir~ctor McKim stated that it is her understanding that until approximately 1985, this establishment was operating unde~ the type of liquor license that requires 51% of the proceeds to come from food, in which case the lounge would be considered as an accessory use and they have been zoned C-3 since 1982. She noted thdt the ordinance as been changed since then to provide nightclubs as a provisional use and the question of live entertainment has come up several times in the C-3 district which is one reason that it was added as a provisional use. She stated that she does not have the specifics on this matter to state whether this was grandfathered in or not. She indicated that since there was a provisional use process, it seemed appropriate for them to do so in order to become recognized as a provisional use nightclub if it were to be approved. County Attorney Cuyler questioned if the live entertainment would have beer an accessory use under C-3 where 50\ or more of the sales is from food and if the provisional use is a recognized permitted prin- 101)( 1m ~S'.! 654 Page 30 107 r&.~!655 SEPTEMBER 22, 1987 ciple use, to which Ms. McKim stated that live entertain~~nt would not be considered as an accessory use in a lounge. County Attorney Cuyler stated that based on the facts that he knows, the establishment is not grandfathered in, but he does not have all the facts. Ms. McKim stated that how the restaurant was operated and the amount of live entertainment is the real question. In answer to Commissioner Pistor, Ms. McKim stated that they can be restricted from having outside entertainment and that no temporary use permits be issued. Commissioner Glass stated tnat he feels that this item should be continued for a week to resolve the grandfather issue. Mr. Berlin indicated that when Copperfield's was permitted, their construction designs were approved and they showed sound system, stage and lounge facility, adding that they started off with an orchestra and later that became live entertainment of the rock and roll type. He noted that the zoning is being completely changed from what it has operated under for 7 years. He noted that it has always had live entertainment, on an intermittent basis, but since the day it was permitted it did exist. County Attorney Cuyler stated that he could talk with Mr. Berlin and if this is the case, then there may be an argument. The following people spoke against the petition citing the excessiv~ noise in the parking lot, the loud entertainment, and the worry of vandalism to their homes: Page 3J. - - - --....",." SEPTEMBER L2, 1987 Mr. Joe LaRochelle Mary P. McCourt Commissioner Glass moved, secondeð by Commissioner Pis tor, that this item be continueð for one week in order to determin~ legally where the Board stanðs on the granðfathering issue. Commissioner Saunders stated that if the Commission is inclined tc deny this petition for provisional use, then there is a legal issue and the Board is ðutomatically faced with the fact as to whether this is grandfathered in as a nightclub. He noted that he does not feel that anything is going to be resolved if there is a delay on this. He· stated that the County Attorney is going to be faced with the legal question, in which case, the Board cannot do anything. He noted that he would suggest that the provisional use pctition be denied and then ask the County Attorney to investigate th~ question of grandfathering. Qommissioner Pistor withdrew his second and Commissioner Glass withðrew his motion. Commissioner Saunders moveð, seconðeð by Commissioner Pistor anð carrieð 4/0, (Commissioner Goodnight out of the room), that Petition PO-81-l4C, be ðenied. Commissioner Saunders stated that the next question is to ðeter- mine if this establishment is grandfathered in as a nightclub. County Attorney Cuyler stated that if he looks at the facts and determines that it is grandfathered in, he would not force this issue in court, but he will advise the Board of County Commissioners of thin decision. lOOK 107 P4r,r 656 Page 32 107 "1'-! 657 SEPTEMBER 22, 1987 Commissioner Saunders stated that for the benefit of th~ audience, this petition has been denied, but if the County Attorney dþ.termines that this particular facility i~ grandfathered in under the existing Zoning Ordinance as a nightclub, then there is not a thing that this ~ommission can do to interrupt the operation, adding that if it is not grandfathered in, then the operation will have to change to a restaurant type of operation without live entertainment. He noted that if it is grandfathered in, they will have to comply with all . ordinances. Mr. Berlin stated that his client has a current SRX liquor licensE~ which requires 5l% food service and his client has one year to comply with this, which is effective 9/l7/87. '~ounty Attorney Cuyler stated that the liquor license is not dependent on the zoning regulations or vice versa. He noted that the restaurant should be complying with this license at the present time. In answer to Mr. Berlin, County Attorney Cuyler stated that if th~ client is determined to have no grandfather rights of any sort, then they will have to c~mply with the existing zoning as of this date. Commissioner Saunders stated that the question is whether their operation is grandfathered in and this will take a couple of weeks for Staff to make that determination and if Staff determines that they are not grandfathered in, then the County Attorney is going to have to seek legal action to change the operation to be in compliance with the zoning laws, adding that if it is determined that they are grand- Page 3~1 - .- - - - ~ SEPTEMBER 22, 1987 fathered in, then they will be ~ble to continue to operat&. County Mðnag~r Dorrill stated that in the event that the County Attorney determines that they are grandfathered in from a land use related perspective, that does not preclude nor exempt this facility from the Zoning Ordinance or the Noise Ordinance and they in fact, may be subject to further action from this Board as violating noise or nuisance ordinances. County Attorney Cuyler stated that he will advise the Board of his decision. Commissioner Seunders stated that whatev'~r their current operation is, it can continue until the County Attorney evaluates if they are grandfathered in or not, but they are still subject to all the ordi- nances. Mr. Joe LaRochelle stated that this place also has a drive-in liquor store in the same building. Commissioner Hasse stated that this should also be looked into. Item '7B3 RBSOLTUION 87-221 RE PETITION PU-87-l5C, WILLIAM WEISER, REPRESENTING RICHARD ROBERTS, TRUSTEE, FOR BETHEL ASSEMBLY OF GOD, INC. REQUESTING PROVISIONAL USE FOR A CHURCH IN IMMOKALEE _ ADOPTED Commissioner Plstor moveð, seconðeð by Commissioner Glass and carrieð 4/0, (Commissioner GOoðnight out of the room), that Resolution 87-221 re Petition PU-87-lSC, be aðopteð. Page 34 'ßDDK Iml',r.;! 658 . 107 I'm 665 SEPTEMBEF 22, 1987 Item fSA REQUEST FOR BCC TO ACCEPT THE ROOKERY BAY UTILITY EXPANSION _ CONTINUED TO THE END OF OCTOBER This item was handled in conjunction with Item 7Bl, Petition PU-87-9C, Naples Isle. ..... Reoess: 12:30 P.M. - Reconvened: 1:30 P.M. at whioh time Deputy Clerk Kueter replaceð Deputy Clerk Kenyon ..... (last half of Tape #7 unavailable due to malfunctioning tape) Item "AI RESOLUTION 87-222 APPROVING THE CAPITAL IMPROVEMENT ELEMENT _ ADOPTED WITH STIPULATIONS Growth Management Consultant Young stated that three documents are being presented today for approval of the Capital Improvement Element. He stated that the standards for the Levels of Service need to be approved to enable the Citizens Advisory Committee to continue work on the balance of the Comprehensive Plan. He added that action is also needed today to meet contractual obligations with the Department of Community Affairs. Mr. Young stated that although the Capital Improvement Element was developed realistically, it can be amended. He stated there is still 6 months in which to fine tune this document before final submission to the Department of Community Affairs and even after it has been for- mally adopted, it can be amended a couple of times per year. Mr. Young stated that because of recent changes at the State level questions ~ave arisen as to the feasibility of financing this element. Page 3S ,ì... - .. - -,..~"~"-- .... SEPTEMBER 2~, 1987 He reminded the Board that if the Sales Tax funding source c2comes unavailable, several other financing plans have been developed by the Citizens Advisory Committee. Tape '8 In answer to Chairman Hasse, Mr. Young stated the letter from David Land, Vice-Chairman of the CAC, dated September 16, 1987 addresses the fact that the CCPC recommendation on two policies differ from that of the CAC: Policy 1.4Al dealing with the Service Level Standard on eight roads in Collier County; and Policy 3.5 dealing with the date by which all deficiencies will be corrected. He said the CAC held a spe- cial meeting to discuss these two policies and are urging the Board to approve the original CAC recommendation. Also answering Chairman Hasse, Mr. Young explained that if the plan is not approved on a timely basis DCA has the duthority to direct the SWFRPC to write the plan for Collier County, and the State can withhold State Revenues, including State Revenue Sharing, Gas Taxes, etc. He stated the loss of such revenues could amount to millions each year. He stated that if the County does not meet their obligation to maintain the plan, any citizen who has participated in the plan obtains the right to sue the County in the courts for compliance, a moratorium, or monetary damages. Responding to Commissioner Glass, Mr. Young stated that the list of projects contained in the report are not broken down into deficien- cies vs. project~ to accommodate growth. He stated that the plan must Page 36 - 107 ~'.~ 666 !Gg« . ~ l07n~667 SEPTEMBER 22, 1987 be submitted in 1988 and adopted one year later in 1989 and from that time on there will be two years to correct the deficiencies. Commissioner Saunders stated that the deficiencies will be defined by the Board. He stated there is a problem with the legislation, however, there is a way around it. He stated they have to approve levels of service lower than they would like, but they could be amended upward later on. He stated his feeling that the Board will need a series of workshops with their department heads to evaluate this list. He stated he is prepared to vote on the resolution today, however, it should be recognized that this is only ~he first of several steps. Mr. Young stated that favorable action today will meet the first of the deadlines. He said formal adoption of the plan begins on August l, 1988 and 5 months later the State reviews will be completed and the Board will be asked to take final action. Mr. Ed Oates, CCPC Chairman, stated that there was some confusion on the part of the CCPC when discussing the 1989 date vs. the 1992 date. He stated they were under the impression that their recommen- dation was allowed two years from the time it was determined to be at an unsatisfactory level, however, it appears that that is not what has been done. He advised that the CCPC recommendation to bring all roads in Collier County to Service Level "C" is still being recommended. He urged the Board to approve the Plan, due to the amount of work that remains to be completed. Page 37 - - - - - SEPTEMBER 22, 1987 Tape '9 (not available due to malfunctioning tape) Mr. Tom Kalbfus, Marco Island Taxpayers Association President, requested that the projects listed for Parks & Recreation be reduced. Mr. George Keller, Collier County Civic Federation, requested the Board to aùopt lower levels of service now, since the standards can be increased in future years. Mrs. Bettie Gulacsik, League of Women Voters and CAC Member, urged the Board to approve the Plan to give clear direction to the CAC so they can continue working on the other elements. Commissioner Saunders stated he agrees with the speakers that the Plan must be approved so the CAC can move forward and work on the other elements. Commissioner Saunders moveð to approve the Capital Improvement Blement without the adðitional $9,000,000 of roað work as recommenðeð by CCPC anð using the 1992 ðate. Commissioner Pistor stated that the roads included by the CCPC are critical roads. He suggested leaving them in the Plan and removing later, if necessary. He stated he would be reluctant to approve the Plan without these roads being at Service Level "C". In answer to Commissioner Goodnight, Mr. Young stated that the SWFRPC is in an advisory capacity to the State, and the County can set service levels which are either above or below those set by them. Mr. Dudley Goodlette, CAC Member, urged the Board to approve the original l6~guage proposed by the CAC. Page 38 &OOK 107~~fÆ)B' ________._.. .-..-.-...----....0---......-- -~ ,,_.__.- -- ~-~. '01)( 1m pm 669 SEPTEMBER 22, 1987 commissioner Saunðers restateð his motion that the capital Improvement Element of the Growth Management Plan be approveð using the August, 1992 date anð the list of roads as outlineð in the recommen- dation by the citizens ~dvisory committee. commissioner Glass seconded the motion with the understanding that the state be adviseð in writing that the entire list of projects is subject to revision pending the resolution of financing. Upon call for the question, the motion oarried unanimously, whereupon Resolution 87-222 was aðopted. Page 39 .. .. (~ SEPTEMBER 22, 1987 *** RECESS AT 2:S5 P.M. RECONVENED AT 3:00 P.M. *** Deputy Clerk Kenyon replaceð Deputy Clerk Kueter Item UBI BXPENDITURE OF $40,000 FOR RENTAL OF A SCREENING PLANT TO REDUCE OPBRATXNG COSTS AT THE NAPLES LANDFILL - APPROVED Public Works Administrator Archibald stated that this item is a recommendation to consider a screening operation at the Naples Landfill with the main purpose of providing cover material by repro- cessing the solid waste that has been deposited at the landfill in prior years. He noted that during the last four months, the Solid Waste Department has been demonstrating a number of different types of equip~ent units and they have come across a screening operation that does a productive jOb of separating the fill from the waste. He noted that if that fill can be recovered, there will be a cost effective operation and the County will not have to purchase a large amount of fill each year. He stated that he is asking that he be authorized to prepare some bid specifications for rental of the screening equi~ment to consider a 3 or 4 month test program. He noted that before a capi- tal expenditure is made, he would like to lease a piece of equipment and operate it for a few months to determine the productivity and the cost of the operation. He indicated that this equipment is standard and there are at least 3 different firms that have this type of equip- men t . County ~~nager Dorrill stated that there will not be any shedding as part of this operation, but the plastic and aluminum metals will be JDIIt( 107:1'~61Z Page 40 SEPTEMBER 22, 1987 hauled across the road and put in the new lined cell, adding that dirt is being made and it was felt that it would be worth the County's while to enter into a pilot project of this type. Commisoioner Goodnight moveð, seconðeð by commissioner Pistor and carried unanimously, that the expenditure of $40,000 for rental of a screening plant to reduce operating costs at the Naples Lanðfill be approved. Item f9B2 DRAINAGB EASBMENT FROM THE SCHOOL BOARD OF COLLIER COUNTY ON PROPBRTY KNOWN AS LELY HIGH SCHOOL - ACCBPTBD ~ublic Works Administrator Archibald stated that this is a recom- mendation to accept a 20 foot drainage easement in Naples Manor adja- cent to Lely High School from the Collier County School Board·. He noted that the County has a 15 foot drainage easement but more is need~d and the School Board and the County have worked out an agreement for the 20 feet that the School Board will dedicate to the County for drainage purposes, which will alleviate some of the problems at Lely High School. He noted that the only involvement of the County with regards to Lely High School will be this drainage easement. commissioner Gooðnight moveð, seconðeð by commissioner pistor anð carrieð unanimously, that the drainage easement from the School Boarð of Collier county on property known as Lely High School for the sole purpose of maintaining an adjacent drainage facility be accepted. Page 41 - - - SEPTEMBER 2l, 1987 Item I9B3 ~CBASB ~GRBBMENT PREPARBD BY THE FLORIDA DEPARTMENT OP N~TURAL RESOURCBS FOR THB PURCHASB OP LE~Y BEACH SOUTH AIKIA LELY BAREFOOT BBACH - APPROVED WITH CHANGES Real Property Management Director Carroll stated that this is a r~~ommendation to execute a purchase agreement prepared by the DNR for the purchase of Lely Beach South a/k/a Lely Barefoot Beach, adding that the agreement is as presented to the County by the State. She noted that there are four topics which are the main issue requiring discussions and decisions by the Board; the contingencies that are within the agreement; recommended revisions by staff members; and the fiscal impact. She noted that Paragraph 3 of the agreement deals with the amount that the State agrees to pay for the purchase of Lely Barefoot Beach, adding that it states that the trustees will pay $2.1 million or 67.77% of the maximum approved amount per statutory regula- tion. She stated that the maximum amount is based on the appraised value which means that this amount will be the average of the appraisals obtained by the State and the Board could set a figure so that if the appraised value comes in under that figure, this agreement becomes null and void. She noted that the Board may decide to =emain with the original position, which is that the State should participate in the full $2.l million and the Commission will put in $1 million for acquisition and $550,000 for development. She noted that if this sce- nario does not come through, the agreement could become null and void, or the Commission could choose to come up with additional revenue and ¡ Page 42 aOOK 107 PAfrt 676 aOOK 101 '1~! 6TI SEPTEMBER 22, 1987 provide the State with a buffer. She noted that another alternative would be to decrease the $550,000 assigned for development by the dif- ference if the appraised value comes in under t~e $2.1 million. She stated that the State staff has suggested that this may cause more difficulty because the agenda item that will be presented to the Cabinet separates the development commitment and then the purchase commitment. She noted that with regard to the construction of Lely Beach Blvd. through this particular property, the agreement states that the County will hold Lely to their commitment to build that road through the PUD document or the County can decide to build the roadway themselves. She indicated that the Attorney representing the Division of State Lands indicated that the State will agree to allow the County to take the funds needed to construct the roadway through this park from the $550,000 development fees. She noted that another issue deals with the specific use clause and in the agreement, there is nothing stating the use of the property and the Attorney for the State has indicated that the State will add wording to the effect that the land will be used for public recreational purposes. Commissioner Glass stated that public recreational purposes does not mean that it will be a beach, adding that it could be a passive wilderness area, to which County Attorney Cuyler stated that this is correct, adding that the attorney indicated to him that public recreation is within the statutory provisions by which they are acquiring all these properties and they have no problem putting that Page 43 - - - - -- SEPTEMBER 22, 1987 language in the agreement. He noted that there is a separate agreement upon which this agreement is contingent and that is the $550,000 contribution anj it will indicate what it is going to be used for, when the park is going to be developed, and the park will be spe- cifically outlined in that agreement and if that agreement is not reached, this agreement is not va lid because it is contingent on the second agreement. Commissioner Glass asked if they have an appraisal that is under $1.5 million and the law says that they pay 67.77%, does this mean that che County becomes obligated to pay the difference if they agree to this contract, to which Mrs. Carroll replied affirmatively. Commissioner Saunders stated that the appraisal is to appraise the property at the permitted use for the property and the State is going to have to pay fair market value as determined by the appraisals, not based on what the State is going to use the property for, but what the property can be used for. County Attorney Cuyler stated that the State is indicating to define more specifically what the use of the property is going to be and the appr~isers will appraise based on what is put in the agreement, adding that he does not agree with that, but this is the reason that they have used. He noted that the appraisal should be based on t~e highest and best use of the land. He noted that the BCC is going to have to make a decision as to whether this wording should be accepted without knowing what the figure will be or if they want to MDK 107 ÞS'.I 678 Page 44 1001t 107 p,,':tt 679 SEPTEMBER 22, 1987 put in that $2.1 million as the purchase. He noted that whatever is ~ut in the agreement is what the State will be tied to, adding that if the appraisals come in less than $3.1 million and that figure is multiplied by the 67.77% and the figures end up being $2 million and the County has put a bottom line of $2.1 million, then the State will not be able to purchase it. Mrs. Carroll stated that the clause that refers to the 67.77% could be deleted and specifically reference the $2.1 million amount, adding that this is something that has been in other State contracts and it is usually accepted. She stated that if the Board wants to give the State a buffer, the alternate funding would have to be deter- mined for that and to what extent the County could afford it. Commissioner Hasse questioned if this could be put off until the State has a firm figure or until their appraisal is in, to which County Manager Dorrill stated that there is not time because of the agenda mechanism of the Cabinet, adding that each cabinet memb~r has a cabinet aid that is responsible for reviewing the agenda items in advance of the meeting. She noted that the DNR has to complete the agenda item and then sit down with the cabinet aid and review it, adding that he feels that the BCC should set the ceiling amount and if there is an amount that needs to be made up as the difference, then the $550,000 should be applied to it. Commiusioner Saunders stated that if something is put in the agreement that the State is not in a position to accept, then the Page 45 - .. - SEPTEMBER 2/., 1987 Board is back to where they started, adding that if some language is put in that simply says that if ~he appraisal value that is selected by the state is unacceptable to the County Commission, then the County Commission has the right to terminate the agreement with the State. He noted that the County is obligated to buy this piece of property with or without ." ~ State, but if the appraisal is too low, then the County will be spending too much money and giving the State the pro- perty. Commissioner Pistor stated that he feels that the percentage clause should be taken out as indicated by Mrs. Carroll. Commissioner Saunders stated that he feels that the State is going to r~quire this language to be in the agreement and if it is not, they will not agree to it. County Attorney cuyler stated that at the time that the Cabinet meets, they will know what the 67% figure is going to be. Commissioner Glass stated that he feels that this should be a County Park and the State should not even be included. He noted that there is enough money in the budget to purchase this property. Commissioner Saunders stated that the Board should have the option to review this later when the appraisal is known and it is his suggestion that an escape clause be put in the agreement that says if the Board of County Commissioners is not satisfied with the State contribution, then the contract can be voided. Commi .sioner Hasse stated that someone from the County should be Page 46 aOD#, 1m ~~.: Bæ _ 1m~? 681 SEPTEMBER 22, 1987 at the Cabinet meeting to represent them. County Manager Dorrill stated that there will be someone there to represent the Countv, adding that the choices of the Board are to set the ceiling and say that the price shall be $2.1 million or be able to have the discretion on the percentage of appraised value versus whether the County participates or not. He noted that if the County participates, he would recommend that the $550,000 be used to make up the difference. County Attorney Cuyler stated that the attorney for the State has indicated that the way it js being proposed by County Manager Dorrill, these are separate agenda items and it is a very complicated process. He noted that his suggestion is not to put language in the agreement that would draw out of the $550,000. Mrs. Carroll stated that the Board could leave the agreement as it is worded, but state that if the purchase price or appraised value falls under $2 million, the agreement becomes null and void. Comr.lissioner Saunders stated that he would like to leave this issue open and if the appraisal is unacceptable, the agreement can be voided. Tape III Commi~sioner Glass questioned the status of the $25 million bonds, to which Mrs. Carroll stated that these bonds have already been issued and they are in the process of being sold and Staff expects money by the end of the year. She stated that if there is no guarantee that Page 47 - - - SEPTEMBER 22, 1987 there will be a simultaneous closing. She indicated that with regards to interim financing, there is a budget figure of $3.1 million with an expected r~venue and according to the Finance Department, the County will be able to handle the closing through the budget line item. She noted that the Finance Department is also asking that they be authorized to start the necessary paperwork for the bonding procedure for the $3.1 million to be prepared to borrow the money under a bond anticipation note. She noted that if it becomes necessary, then the bonds can be sold two to three months after closing commissioner Saunders moveð that the language of the contract state that if the appraisal by the State is unacceptable to the commission, the Commission will have the opportunity at its own discretion to void the contract anð purchase the property on their own. Commissioner Hasse stated that the County is 12th on the list and there is no guarantee that they will purchase this property. County Manager Dorrill indicated that the reason the County is involved in this is because the Governor and Cabinet has authorized DNR staff to move toward the acquisition of this property and this is the only property that has that type of authorization. Commi,sioner Pistor stated that with regards to the $550,000, this agreement states that it is contlngent upon the Seller entering into a separate agreement with the Purchaser that requires the Seller to contribute $550,000 toward the development of the property, adding Page 48 UD« 107 ~:')Z 682 107 '1~ 683 SEPTEMBER 22, 1987 that maybe scmething could be put in that agreement that indicates that the $550,000 will go toward the development of the property unless some of it has to be used for the purchase of the property. County Attorney Cuyler stated that when the appraisal comes back at the end of the month, if it is less than $2.l million, the BCC is going to have to approve that prior to October 6, 1987, because the State is going to want to know if the Board is agreeing to the figure that they are willing to pay. Commissioner Saunders stated that the Commission has voted in the past to buy this piece of property with or without the State's par- ticipation, and it was also voted unanimously to see if the State would spend up to 50\ of the purchase price. commissioner Glass seconðed commissioner Saunðers' motion. Upon call for the question, the motion carried unanimously. Mrs. Carroll stated that with regards to the construction of the roadway, the agreement states that the County will hold Lely respon- sible for the construction of the road or they will construct the roadway themselves. Commissioner Hasse stated that it was suggested that the construc- tion money be taken out of the $550,000. County Manager Dorrill stated that the condition for the road is only for the portion that is through the parcel under consideration, which wi.,l go to the existing State-held land at the very southern edge of this property. Page 49 - - - SEPTEMBER 22, 1987 Mrs. Carroll stated that the majority of the contingencies have been discussed and, therefore, she will not go through those again. She noted that Staff's recommended changes deal with Paragraph llf, Acsignment, adding that the State currently has under the agreement the permission to sign the agreement and Staff recommends that this be changed to read that this agreement may not be assigned by Trustees or Seller without prior written approval by the other party. She noted that the next staff revision deals with Paragraph 7B under Conveyance, which now states that the Seller will transfer all rights, alleys, roads, streets, and easements within the property or providing access to the property and she is suggesting that the wording except for publi~ rights acquired through the platting process. She stated that she prepared a small exhibit that shows the best and worse case sce- nario of the County's participation and the funding, adding that if a tax anticipation note is obtained, there will be an additional cost. Finance Director Yonkosky stated that it appears that there will be a sufficient amount of cash in the fund so the County can make the purchasp., but that cash is to be used for other projects which Means that the money will have to be borrowed for a short time and that would probably be around 9%. Clerk Giles stated that it would be advantageous not to borrow and delay projects that are not critical over the next three or four months because the lost interest earnings on investments might be around 6-l/2% versus borrowing at 9% interest. aOOK 1107 p.\,;! 684 Page 50 1U7 mt685 SEPTEMBER 22, 1997 Commissioner Saunders moved, seconded by commissioner Glass anð carrieð unanimously, that the agreement be approved with the appropriatð revisions as suggesteð by Staff; that the Chairman be authorized to execute the beneficial interest and disclosure affidavit; and to authorize the Finance Department to start the paper- work for the bonding proceðure if it becomes necessary to sell the bonds for the project. Page 51 - - - SEPTEMBER 22, 19ß7 Item UPl STAPF DIRECTED TO PREPARE AN ORDINANCE MODIFYING AND EQUALIZING ~IE OCCUPATIONAL LICENSE FEES AND B.lING BACK AS SOON AS POSSIBLE ALONG WITH THB BDC ORDINANCE Assistant to the County Manager Olliff stated that this is in regards to the local Collier County Economic Development Council's original request for County funding through occupational license fee increases. He indicated that the last time that the Board heard this item they directed that Staff evaluate the fee schedule, propose changes to make it more equitable, determine the proper percentage increase that would be needed to match the private funding that the EDC currently has, to add four additional stipulations to a contract with the EDC for some financial accountability and omission statements as wéll as other stipulations, to eliminate the $20,000 ad valorem monies that were budgeted for the EDC, and that the Board have an annual opportunity to review the funding for EDC and the occupational fee license schedule. He indicated that an agreement was drafted bet- ween Collier County and the EDC which encompasses the stipulations that were requested. He noted that the agreement does not have a dollar cap nor does it mention anything about matching funds to pri- vate donations. He noted that the draft ordinance has been included in the backup material with the occupational license fee schedule. Commissioner Hasse questioned if what the Chamber of Commerce recommended was reviewed, to which Assistant County Attorney Anderson stated that he reviewed their proposal, but under their proposal it Page 52 - .. - *-,.,....- ~... SEPTEMBER 22, 1987 would have resulted in an overall decrease in the amount of money that is raised in occupational licenses. He noted that one of the suggestions that they had was l~at banks and other financial institu- tions should be specifically listed, adding that they have not been paying an occupational license fee in the past but they should have been paying under the category of miscellaneous business which is a $l2S.00 fee. Commissioner Hasse stated that Staff was directed to set up a method of fair occupational licenses throughout the entire County and that includes everything that is related to businesses in the com- munity. He noted that they are trying to find out the proper way of assessing people for occupational licenses and not assessing some peopJe an excessive amount and other people an insufficienc amount. Assistant County Attorney Anderson stated that the County is tied to a formula that was set forth by the legislature in the State Statutes in 1971, adding that the existing occupational license ordi- nance is almost verbatim from the 1971 Statute. Commissioner Hasse stated that under the category of manufac- turing, the Chamber of Commerce indicates $20.00 for the manufacturing concern plus $2.00 for each employee and questioned why something like this has not been done, to which Assistant County Attorney Anderson stated that the County is locked into a price range that was established by the legislature in 1971 when they turned over to coun- ties the authority to levy occupational license taxes. JOOK 107 fW.I, 710 Page S3 ,. . ~ f ~" : ..i:¡ . I01IK 1U7 p¡r,t 711 SEPTEMBER 22, 1987 Commissioner Pistor state~ that there are some categories that the Chamber of Commerce recommended to be reduced, and he feels that the category for astrologers or pawnbrokers should be reduced. Assistant County Attorney Anderson stated that the City of Naples had the authority to levy occupational license fees before counties did and cities are tied to a price structure based on what they had in 1971. He noted that in 1971 the countieR could not levy such fees which is why there is a difference between what the City and the Count~l charges. Commissioner Hasse stated that he does not see any equities with the new draft, and he would like to have something done on an equal basis. Assistant County Attorney Anderson stated that the County can go to a classification scheme li~e the City has, but the County cannot use their prices. Tape #12 Commissioner Saunders stated that the appropriate staff to look at the occupational license numbers would be the Community Development division, adding that the point that was being made previously is that there are certain occupations that have very high occupational license fees alld if a 50% fee is added to that, they are being priced out of the market. He noted that it was discussed that some of the fees should be lowered and then some of them could be raised. He noted that the entire Commission was interes~~d in something that was going Page S4 - - - SEP1EMBER 22, 1987 to be equal and has to be part of the 50% increase. h~ noted that when this comes back a schedule of occupational license fees is going to be needed for all categories that is fair. Commissioner Pistor stated that he would like to see the retail stores on a more equitable basis. He noted that some of these cate- gories could be reduced and then the 50% increase could be applied. Mr. Olliff indicated that the Manager's Office, with the guidance of the Assistant County Attorney, will put together a proposal that will include banks as well as lowering some of the categories, and then return to the Board with that proposal. Commissioner Hasse stated that he would like to see this in two sections; one with the fees after some of them have been reduced; and the other one with the 50% increase. He noted that the Chamber's suggestions could be incorporated and all figures should be revisited. Assistant County Attorney Anderson stated that he has the City of Naples' classification schedule and what the County's fates would be under the existing fees and he will bring this back to the Board. Co~~issioner Saunders stated that there will be a public hearing scheduled on this ordinance and, therefore, the EDC ordinance Gnd the occupational license ordinance could come back at the same time. Commissioner pistor moveð that staff be instructeð to prepare an ordinance modifying anð equalizi~g the occupational license fees. Commissioner Saunders secondeð t~~ M~tlo~ with the amendment that when staff brings this ordinance back t h'4t t'3ey bring the EDC ordinance Page 5S &OOK 107 ~',~ 712 800( 107 I'J~: 1tJ SEPTEMBER 22, 1987 back at the same time as quickly as possible. Assistant County Attorney Anderson stated that when this item comes back, he will not have advertised in ordinance form either ordi- nance because there are very strict notice and advertising require- ments for the occupational license tax. He noted that the title has to list everything. The following people spoke against the increase in occupational license fees to support the EDC: Myron Sherman J. Sandy Scatena Tape '13 Jim McGrath Tbe following people spoke in cavor of the increase and the need for fundin~ the EDC: Dudley Goodlette Mr. Olliff stated that in the C"ontr.lct for the EDC there was to be some language regarding matching ~ontributions which was removed and questioned if this s!lould be addrLssed, to which Commissioner Saunders stated that this language is criti~~l, adding that pursuant to the Statute the contribution can be set up to 50%. He noted that it could be set at some number for this year, assuming that the Commission agrees with the EDC and the ordinance is approved and then at the end of that year, the Board will take a look at the other contributions and set the percentage to match what was raised the year before. Clerk Giles stated that as far as a matching percentage, this can Page 56 - - - SEPTEMBER 22, 1987 be adjusted from year to year based on the previous year. He stated that a big problßm that he has with this agreement is that it does not require an audit by an independent CPA, adding that he feels it should. Commissioner Hasse stated that an audit was requested from the EDC at the last meeting and questioned if one was submitted, to which Mr. Jack Humphrey stated that he has asked for some direction on how to handle that and questioned if they should be submitted to the Clerk's office. He stated that he has the documentation, but it is not cer- tified at this point. Commissioner Hasse stated that this do~umentation is to be suppUed to the Commissioners. Clerk Giles ßtated that there is a,1 amount of this occupational license that is distributed back t'J t}w City by the Tax Collector directly, adding that there is ~;,~l,OOO budgeted for next year in occu- pational licenses to be collecteå. He indicated that it could be that the County occupational licens~ fees to be collected next year is more than $321,000. He noted that if 50% of that is taken and the cost of collections is deducted, there will be a much higher figure than the $32l,000, which needs to be researched further. He noted that of the total occupational license fees that are collected, the City gets back their proportionate share based on population. County Manager Dorrill stated that Clerk Giles has posed some very good poin's and these should be incorporated into the motion, which Page 57 &001( 107 f"!,~ 114: aDK 107 PJ",: 715 SEPTEMBER 22, 1987 was a consensus of the Board. Upon oall for the question, the motion carrieð unanimously. Item I9B4 BID 87-1156, MARCO ISLAND MEDIAN MAINTENANCE - AWARDED TO GOODWIN LAWN CARE IN THE AMOUNT OF $84,874 Legal notice having been published in the Naples Daily News on August 12, 1987, as evidenced by Af~:~~vit of Publication filed with the Clerk, bids were received for M~~~o Island Median Maintenance until 2:30 P.M., August 26, 1987. ~ommissioner Pistor moved, seconded by Commissioner Saunders and carried unanimously, that Bid #87-ll56 be awarded to Goodwin Lawn Care in the amount of $84,874. Item '9BS RESOLUTION 87-223 APPOINTING ELMER HARDOW, WAYNE KRING, GEORGE PE~ON, AUDREY PUMP;{REY, AND LANCE STAHLMAN TO THE LELY GOLI' ESTATES !EAUTIFICATION ADVISORY COMMITTEE - ADOPTED Commissioner Pistor moved, seconded by Commissioner Glass and carried 4/0, (Commissioner Goodnight out of the room), that Resolution 87-223 appointing Elmer Hardow, Wayne Kring, George Pearson, Audrey Pumphrey, and Lane Stahlman to the Lely Golf Estates Beautification Advisory Committee be adopted. i. Page 58 SEPTEMBER 22, 1987 Item t9B6 RBSOLUTION 87-224 GOVERNING THE OPl'RATION ON THE LAKE TRAFFORD GARDENS LOCATED IN IMMOKALEE - ADOPTED County Manager Dorrill stated that this item is related to matters of operation of the County's Lake ~rafford Memorial Cemetery and there is an accompanying resolution that las to do with conditions related to the size of monuments, the descriptions of monuments and some stðn- dardization and operating practices. Commissioner pistor moveð, seconded by Commissioner Saunðers and carried 4/0, (Commissioner Goodnight out of the room), that Resolution 87-~24 governing the operation on the Lak~ Trafford Garðens located in Immo~alee De aðopted. Page 59 &OO( 107 r~'··! 718 ,1m 107 ":".~ 719 SEPTEMBER 22, 1987 Item '9B7 DISCUSSION REGARDING THE SUPPORTING OF ROORERY BAY AQUATIC PRESERVE ADDITION IN COLLIER COUNTY ÄS OUTSTANDING FLORIDA WATERS - NO ACTION County Manðger Dorrill stated that this item was an add-on, noting that it concerned the designation of the Rookery Bay Aquatic Sanctuary as an outstanding Florida water, adding that this Commission had taken previous action in 5upport of that de5ignetion. He noted that there was t~ particular concern as it related to the four-laning of 951, noting that the County did not want this project to be burdened by new requirements involving additional or revised Environmental Impact Sta- tements. He noted that earlier in the day, the Environmental Regula- tion Commission meeting in Tallahassee did vote to establish Rookery Bay Sanctuary as an outstanding water of Florida, adding that because the County had concerns about the four-laning of 95l, he conveyed those concerns to the State officials when they were in Naples yester- day for a tour of that facility. He noted that there was an indica- tion that was given that it would not effect the four-laning of 951 and he feels that this resolution should be revised accordingly to reflect the County's understanding of their action. He noted that there is n0 action needed on this date due to the action of the ERC in Tallahassee, but he will revise the resolution and bring it back. Item f9Cl CHANGE ORDER '6 FOR THE PARRS AND RECREATION ADMINISTRATIVE OFFICE BUILDING IN THE AMOUNT OF $3,323 - APPROVED Publi~ Services Administrator O'Donnell stated Lhat this was con- tinued from last week, adding that Change Order #6 dealt with a series Page 60 - - - SEPTEMBER 22, 1987 of items; installation of fans to be provided in the individual offi- ces for better ventilation; addition of door in conference room was to ð110w for two WdYS into the conference room; additional phone outlet; toilet partitions are n0t du~ to overlooking of the code requirements but for more privacy; additional sodding is to secure the asphalt in front of the walkway to the building; the graphics was to add a better aesthetic view to the overall building; and the last item was the painting of the building. He noted that this will be the last change order for the administrative building and would bring the total cost of the building to $2S5,l79.04. He noted that this change order is for $3,323. He noted that based on the price quotes that were recelved, he is recommending that this be approved as submitted. Commissioner pistor questioned if these partitions were $2,000, to which Public Services Administrator O'Donnell replied affirmatively. Commissioner Hasse stated that staff could have done this for half that cost. commissioner Goodnight moved, seconðeð by Commissioner saunðers anð carried unanimously, that Change Order #6 for the Parks anð Recreation Administrative Office building in the amount of $3,323 be approved. Page 61 ~ODK 107 P"(·~ 730 ,~ ..., ' - ..- - SEPTEMBER 22, 1987 Item '9D2 ~IHGS LAKE SQUARE SHOPPING CENTER WATER FACILITIES - APPROVED WITH STIPULATIONS Utilities Administrator Crandall stated that he asked that this be taken off the consent agenda because there were a lot of calls received as to whether this facility was going to be accepted this week as they are trying to get it open. He noted that the only hold up he sees is partial releases of mortgages on three properties where the water main was installed, but after talking with Mr. Barton it has been determined that there will not be a problem. He noted that one of the stipulations is that all legal documents ar~ found to be legally sufficient and he simply wanted to bring the matter to the attention of the Board. commissioner Glass moved, secondeð by Commissioner Pistor and carried unanimously, tha, ~ings Lake Square Shopping Center water facilities be approved vith the following stipulations: 1. The completed water facilities cannot be placed into service and no water meters can be installed within the project until the water system has been rechecked for bacterial clearance to the satisfaction of the Water Operations Director. 2. All legal documents are found to be legally sufficient. See O.R. Book 1297, Pages l528-l566. Item 'lOA REPORT ON UTILITY SPECIAL ASSESSMENT FORECLOSURES Assisant County Attorney Anderson stated that this is a report on the utility special assessment foreclosures. He noted that when he Page 62 aODK 107 ~"'.! 732 107 P1.'·t 733 SEPTEMBER 22, 1987 reported to the Board of County Commissioners on May 26, 1987, he pre- sented figures that were current as of March 31, 1987, noting that a~ cf March 3l, 1987, $280,00~ more than the previous year was collected. He stated that since July 1, 1987, an additional $75,000 has been collected, adding that he does not have the figures for April, May and June because the Clerk's office hós beer unable to provide them. He noted that he has received a lot of irate telephone calls from people after they received no~ice of the foreclosure suits because they had never been sent a bill. He noted that most of the assessment rolls were out of date and when property changed hands or an address had been sent through, it was never reflected on the aSGessment rolls and that is why there was such a high delinquency rate during the past years. He noted that the assessment rolls for roads, drainage and utilities have to be kept up to date, adding that a member of the public has the right to expect that when they have a deed recorded that this information is transmitted to the assessment rolls. County Manager Dorrill stated that the assessment rolls have been prepared and the billing handled by the Clerk's office, adding that in the last year this ha!i been changed for the utility assessments and the Tax Collector is now billing them. He noted that when the roll was prepared from the information in Mr. Colding's office it was not easily transferred to the Clerk's office for the special billings, adding that this was done several years ago when the Clerk was billing utility s~ecial assessments for the County. He noted that there may Page 63 - - - SEPTEMBER 22, 1987 be similar problems with roads. Finance Director Yonkosky stated that there is a definite problem with the special assessments, adding that years ago Collier County used to record special assessments on an individual basis. He noted that back i~ the late 1970's this was changed and at that time, only the assessment resolution was recorded and as property is sold, it does not show up on the Property Appraiser's system. He indicated t~at when the title search is done, they do not pick up the special assessments. Tape '14 Mr. Yonkosky stated that he is working with them, adding that it takes approximately three weeks to a month for one person to update the rolls, which would be approximately 75% of one person's time. He noted that it has previously been done once a year. He stated that special assessments follow the property, adding that there is approximately $500,00~ in the Greenway Road Assessment Roll, adding that there are 92 or 93 individual assessments to that roll and it would have cost $552 tel record that and that recorded cost would pass on to the special asseasment project cost if it were done. He noted that they can all be done this way and at one time they were and it would eliminate all these problem if they were recorded individually. Commissioner Hasse directed that the Finance Director get together with the Assistant County Attorney to resolve the matter. Assist..nt County Attorney Anderson stated that because of the BOOK 107 PA'·1 ... tJ4 Page 64 l07".\r.~ 135 ~EPTEMBER 22, 1987 court costs, the County Attorney's budget is short, adding that it was paid out of his budget and he would like that money transferred from Utilities or the Clerk's office into his budget. Commissioner Glass stated that an itemized statement should be submitted to the County Manager. Item UlA1U BUDGET AMENDMENTS 87-423/424; 87-460/475; AND 87-478/483 - ADOPTED Commissioner Pistor moved, seconded by Commissioner Goodnight and carried 4/0 (Commissioner Saunders out of the room), that Budget Amendments 87-423/424; 87-460/475; and 87-478/483 be adopted. Item UlA3 BUDG2T AMENDMENT RESOLUTION 87-046 AND 87-047 - ADOPTED Commissioner Goodniqht moved, secondeð by Commissioner Glass anð oarrieð 4/0, (Commissioner Saunðers out of the room), that Budget Amendment Resolution 87-046 and 87-047 be aðopted. :, . , I" Page 65 - - - r'l-'__~ SEPTEMBER 22, 1987 Item '11D RBSOLUTION 87-225 AUTHORIZING THE ISSUANCE OP A REVENUE ANTICIPATION NOTE FOR ROAD SPECIAL ASSESßMENTS - ADOPTED Finance Director Yonkosky stated that this is a request to authorize the issuance of a revenue anticipation note for road special assessments and to authorize the Chairman to execute the note. He noted that every year for the last five years, the Board has authorized the execution of an annual note which rolls over every year and covers the outstanding balances of existing special assessments and incorporates any new projects into the amount that is borrowed. He stated that because of the change in the tax lðw last year, the 80% deductions that banks were allowed is no longer a tax deduction for the banks and, therefore, the County is looking at some sort of alter- nate method of funding these particular assessment projects. He noted that he would like th(, Board's permission to issue a short-term reve- nue anticipation note until Smith Barney ,nd Mr. Fischer come up with long term financing. He stated that he is recommending NCNB because of the fact that they are able to react quicker and not hold the County to the fact that the rate would track the federal funds discount fate for this 94 day period. commissioner Glass moveð, seconðeð by Commissioner GOoðniqht and carried 4/0, (Commissioner Saunders out of the room), that Resolution 87-225 authorizing the issuance of a revenue anticipation note for road special assessments be adopted anð the Chairman be authorized to execute the note. Page 66 AODK 107 p~"! 738 107 pm 747 SEPTEMBER 22, 1987 Item '12 SCHOOL BOARD TO INSTALL KEW BUS STOP ON PINE RIDGB ROAD EXTENSION Mr. Olliff stated that this is a request to decrease the speed limit due to school children along the new extension of Pine Ridge Road. Public Works Administrator Archibald stated that this is for either a speed zone or a bus stop to pick up children, adding that the School Board has advised him that they have relocated their bus stop in order to pick up children on the south side of the new portion of the road that has been opened. He stated that this will address the problem in the interim and the County is also instaLling 35 m.p.h. advisory speed plate signs. He stated that he is not recommending that the speed be reduced at this time because of the School Board relocating the bus stop 1/2 mile to the west of C.R. 951 on the south eide of Pine Ridge R01d Extension. Commissioner Saunders stated that he ~poke with the represen- tative of the homeowners and told her that the Board would probably not be taking action on the speed limit because the School Board has made accommodations for the school children. Ms. Lee Layne, representing the Golden Gate Estates Residents Association, stated that they have been advised that there will be an advisory speed on this road and the County will continue with the study to see .,hether it should be permanently reduced to 35 m.p.h., but in the meantime, the School Board has informed her the new bus Page 67 '.' - - - 1\·'" - .. .. SEPTEMBER 22, 1987 stop will be in place and this should resolve the parents' concerns in the area. Item '128 COMMISSIONER PISTOR TO ATTEND CONFERENCE ON BUSINESS AND AGING ON OCTOBER 14 AND IS IN ST. PETERSBURG, FLORIDA commissioner Glass moveð, secondeð by Commisoioner Saunðers and carrieð unanimously, ~hat commissioner pistor attenð the conference on Business anð Aging on October 14 anð IS in at. Petersburg, Floriða. Item f12C COUT4TY'S CONSTRUCTION AND FACILITIES MANAGEMENT PROCESS TO BE REVIEWED AND BROUGHT BACK IN TWO WEEKS Commissioner Saunders stated that he has spoken to various pro- fessionals in the canmunity trying to come up with a way to solve some of the problems with construction of buildings and roads and to address the fact that over the next five years, there is going to be approxi- mately $200 million of conRtruction projects in the County. He noted that for the County to insure that the construction dollars are being wisely and efficiently used, he feels that the procedures for purchasing and construction management should be looked at. He stated that he is asking that the Board establish a committee of five people to take a look at how the County staff actually builds a building and what suggestions there would be for improving the efficiency of the staff in making construction decisions. He stated that he has asked the following people to serve on this committee and they have agreed: Don Barber, Bill Barton, Robert Forsyth, and Brad Estes. He suggested Page 68 aOOK 107 p~"~ 748 1m n'ß. 749 SEPTEMBER 22, 1987 that there be a fifth member appointed by the Manager's office to pro- vide input from the County. He noted that the committee should review the purchasing policy, the construction management processes and to interview the appropriate staff members and then report back to the Board within 60 days to come up with a plan for the County with regards to constructing buildings. Commissioner Pistor stated that he thinks that this is a good idea but each commissioner should have an opportun'ty to appoint someone. Commissioner Hasse stated that he agr~es and this could be con- tinu~d for a week so that each Commissioner has a change to review the matter. Commissioner Glaf.s stated that this is ð valid concern, but the Manager's office has p.xpressed a concern that they would like to report back to the Board on the problem b.ld supply the Commission with more data to be sur8 that everyone fully understands what is gOing on. He noted thðt he would like to have this continued for a week. Commissioner Saunders stated that he has no problem with the Com- mission wanting input with regards to the membership of the committee. Mr. Olliff stated that he does not have a problem with the commit- tee and was not aware that the Commission had a problem with the way staff was handling construction of roads or buildings, adding that he would like to have two weeks to gather information. Commissioner Glass stated that he feels that the emphasis is on change orders, adding that they would like to review the whole issue Page 69 - .. - SEPTEMBER 22, 1987 .." } to be sure that it is being done the most efficient way. Commissioner Hasse stated that it would be continued for two weeks and brought back to the Board on October 6, 1987. 1:tem 112D PERM1:~ 87-1 FOR CHARIS ORLEN NELSON FOR AN ASTROLOGER'S LICEKSB - APPROVED commissioner Gooðnight moveð, seconded by Commissioner Glass and carried unanimously, that Permit 87-1 for Charis orlen Nelson for an . astrologer's license be approved. 'I:· ~" 1< :·i ,). ;~\ ';r" .;~ aoo{ 107 f'J',: 750 Page 70 L. SEPTEMBER 22, 1987 ***** prior to approval of the Consent Agenda, Item l4B3 was removeð from che Consent Agenda **** xtem ,14B3 BXCAVATION PERIIIT NO. 59.302 - BERKSHIRE LAKES, TRACT "A", SITE 3A, NORTH SXDE OP RADIO ROAD - CONT1NUED POR TWO WEEKS Mr. Earnest Morris said that his comments are in regards to the blasting of this project, a'3ding that his houGe has had $6,500 in damages from blasting, adding that his property is adjacent to this project. He noted that he attended the WMAB meeting on September 9, 1987, when they were asking for a permit to dig another lake. He noted that thece were people from Power Corporation and Wilson, Miller, Barton, Soll & Peek, Inc., and he was told that there would be safeguards put in place so that there would not be anymore damage. He noted that this lake is 1,000 feet from his house and this development already has 6 lakes. He stated that for over thret: years they have been blasting and digging and shaking and cracking his house. He con- tended that the wells were damaged by cracking the rock and causing the water to percolat;e too fast into the ·",ells. He stated that he does not want to sto~ development, but he does not want his house damaged anymore. He noted that he wants someone to come to his house and look at it before they start blasting and then come back after the blasting and look at his house again to acknowledge that they caused the damage so he does not have to sue them. He indicated that they have refused to do this and, therefore, he is asking that this permit be denied. He stated that there are enough lakes on the development !OD( 107 PA',! 752 Page 71 "'-_..".."..,..".,-""'...,,".,.......""_.,~..-..~.,-.~,._--~.."~--- w~~ SEPTEMBER 22, 1987 and they have sold enough fill off the property in three years time. Public Works Administrator Archibald stated that he has no problem with the proposed excavation permit, but if the developer has to get a blasting permit to excavate the lakes, then this is where the control should be established. He stated that a blasting permit has been issued for that development and the Board has the ability to place a requirement on them which would be that if there is a complaint and it is not resolved to the satisfaction of the County, then they shall cease and desist all blasting at that point in time until the problem is resolved. Commissioner Glass moveð that there be a cease anð desist order issu~ð through the Public Works Administrator until such time as this matter is resolved. This was a general consensus. Mr. Archibald stated that there is no problem of issuing a cease and desist, the problem is solving it. Commissioner Hasse stated that this matter should be resolved in ~wo weeks. Mr. Morris stated that he only wants to protect his property from anymore of the blasting. Mr. Olliff stated that he assumes that the petition is also being denied, to which Commissioner Hasse replied affirmatively. Mr. Archibald stated that one issue is the blasting permit and one i8 the excavation permit. :. Commis'Jioner Saunaers stated that Mr. Archibald has no problem , . . . Page 72 .. .. .. SEPTEMBER 22, 1987 with the excavation, adding that it is being suggested that the exca- vation permit be approved. Commissioner Glass questioned if excavation can be done without blasting in this situation, to which Mr. Archibald replied there could be a little bit of excavation without blasting. He stated that he is not sure what the depths are, but he would assume that this area will require blasting to establish any deccnt depth. Commissioner Glass moveð, .econðeð by commissioner Saunðers that the excavation permit be continueð for two weeks to see if the other matter is resolveð. Mr. Tom Peek of Wilson, Miller, Barton, SolI & Peek, Inc., stated that he filed the excavation request, noting that the permit for exca- vation and the permit for blasting are t\!O different things. He noted that the permit for (~xr.avation was filed on behalf of the developer who contracts with ar. excavator, who in ~urn gets the blasting permit, and the excavator i~ then controlled by the County's blasting regula- tions as to what goes on. He noted that the developer does not have direct control over that. He indicated that he has been told that this problem occurred about three years ago when there was a different excavator working on these lakes and the last 6 or 8 months since there is a new excavator, the problem has diminished. He stated that his appeal is not to deny the excavation permit, but direct staff to put tight controls on the blaster so that it is not a problem to the surrounding neighbors. eODK 107 W,t 754 Page 73 , . 107 PA"t 755 SEPTEMBER 22, 1987 Commissioner Hasse stated that there will be a cease and desist of blasting until something is resolved. Upon call for the question, the motion carrieð unanimously. *** The followin~r items were adopteð and/or approveð unðer the Consent Aqenda by motion made by Commissioner Pistor, secondeð by Commissioner Gla.s and carried unanimously: Item '14Al BUDGET AMENDMENT TO ADJUST APPROPRIATION WITHIN THE GROWTH MANAGEMENT DZPARTMENT BUDGET Item '14Bl LEASZ AGREEMENT BETWEEN BOARD OP COUNTY COMMISSIONERS AND HITCHING POS~ POR UTILIZATION OF LIBRARY/OFFICE SPACE FOR THE BAST NAPLBS LIBRARY See Pages Item '14B2 7¿ f -7?¢ , EXCAVATION PERMIT NO. 59.298 - "CROWN POINTE" Section 7, Township 50 South, Range 2fi East, South side of Davis Blvd. (SR-84) approximately l-3/4 miles east of Airport Road (CR-3l). l. The excavation shall be limited to a bottom elevation of -l2.0 ft. ngvd. All disturbed areas proposed for lake exca- v~tion shall be excavated to a minimum elevation of -2.0 ft. ngvd. 2. No excavated material shall be removed from the project site. 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District and a copy provided to the Water Management Director for his approval prior to the commencement of any dewatering activity on the site. 4. No Building Construction Permits will be issued for any proposed construction around the perimeter of any excavation wh,re the minimum clearance between lake top-of-bank and the Page 74 . - - - ~"..*.. - .. - SEPTEMBER 22, 1987 proposed building foundá~ion is less than 30 feet, unless and until all lake side slopes adjacent to the proposed con- struction have been completed and approved by the Collier County Water M~nagernent Department. 5. All lakes with top-ri-bank setbacks less than those stipulated in Collier County Ordin~nce No. 80-26, Section 8.^, as amended by Ordinance No. A3-3, s~all be fenced in accordance with Section 8.0. of said Ordi~ance. In lieu of the lOO foot setback from the rv~d right-of-line, a Florida Department of Transportation approv~~ guardrail may be utilized between the roadway and the excavation. The guardrail shall be installed no closer than 32 feet from the nearest adjacent pavement edge nor any closer than 20 feet from the waters edge of the excavation when the water is at the normal/control elevation. Item 'UB4 MODIFIED EXCAVATION P!'~.MIT NO. 59-204 - "SEA CON INDUSTRIES CORP." Section 20, TownsÞip 50 South, Range 27 East. Modified to show that the new parcel owner is now Sea Con Industries Corporation of Michigan. All other conditions and stipu) 1tions for the original excavation permit will remain the same. Original permit on March 19, 1985 issued to Mr. and Mrs. Delbert Sanders to excavate a 9 acre com- mercial fill pit. Item 'UBS EXCAVATION PERMIT NO. 59-304 - "AUDUBON COUNTRY CLUB P.U.D." Sections 5, 76, 8 & 9, Township 48 South, Range 25 East; on both the east and west sides of Vandebilt Drive (CR-901) approximately one mile south of Bonita Beach Road (CR-865). 1. The excavations shall be limited to a bottom elevation of -1.0 ft ngvd. for lake~ in the east basin except for existing Lake #2, -5.0 ft. ngvd for Lake #2, and 0.0 ft. ngvd for all lakes in the west basin. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of +2.0 ngvd for all lakes AODK 107 PA.;r 756 Page 75 ~'J~ J ..,~ 107 "~f·t 151 SEPTEMBER 22, 1987 in the east basin, +2.0 ft. ngvd for Lakes #12-16 in the west basin, +1.0 ft. ngvd for Lakes #l7-l9 in the west basin and 0.0 ft. ngvd for Lake #20 in the west basin. 2. Where groundwater is proposed to he pumped during the exca- vation operation, a Dewatering Permit shall be obtained from th~ South Florida Water Management District and a copy pro- v;ded to the Water Management Director for his approval prior to the commencement of any dewatering activity on the site. 3. Where lake top-of-bank setbacks are less than those stipulated in Collier County Ordinance No. 80-26, Section 8.A, as amended by Ordinance No. 83-3, a suitable cross section shall be developed by petitioner and subject to final approval by the County Engineer. Such cross section shall be based upon recognized standards for traffic engin~ering and road design, and shall incorporate such factors as lake setback, bank slope, road alignment, travel speed and barriers (if required). 4.. No Building C~nstruction Permits will be issued for any pro- posed construction around the perlmeler of any excavation where the minimum clearance between lake top-of-bank and the proposed building foundation is less than 30 feet, unless and until all lake side slopes adjace·'t to the proposed construc- tion have been completed and appcuved by the Collier County Water Management Department. S. Before the issuance of this Excavation Permit, petitioner shall submit a grading plan for the golf course to the Water Management Director for approval, demonstrating compliance with the Water Management Plan. 6. Traffic impact relating to off-site removal of material other than across Vanderbilt Drive for uses within the project, if any, is subject to the approval of the Board of County Commissioners u~on recommendation of the Community Develop- ment and Public Works Administrators. 7. This approval is subject to the approval of the Board of County Commissioners of Rezone Petition No. R-87-12C, which will provide compatible zoning for this proposed land use. Item U4B6 SUPPLEMENTi\L AGREEMENTS TO BID '86-998, CEMENT PRODUCTS CORPORATION AND BID '87-1073, TURTLE SOUTHEAST, INC. See Pages r¡ ?..5- - 7 '7 h Page 76 - - - - - - SEPTEMBER 22, 1987 Item f14B7 DRAINAGE EASEMENT WITHIN THE COUNTRYSIDE DEVELOPMENT AT BERKSHIRE J·AKES See Pages 777 - 7?'j Item 114Cl RESOLUTION 87-226 GOVERNING THE DISPOSITION OF INDIGENT DECEASED See Pages ?Rt)- 7?3 Item '14'-2 BUDGET AMENDMENT REGARDING INCREASED AMBULANCE USER FEE REVENUES IteD& t14C3 RESOJ.UTION 87-227 AUTi;.:>RIZING SUBMISSION OF A LIBRARY SERVICES AND CONS~RUCTION ACT, ~lTLE II, CONSTRUCTION GRANT APPLICATION See Pages 1.?4 - ? ç;> Item 114Dl ACCEPTANCB OP MARCO SEWERS PHASE II, AREA "0" SYSTEM AND AUTHORIZATION J'OR CONNECTIONS xtem '14D2 CITRUS GARDEN PUD AGREEMENT /] Ç'9- 79ò See Pages Item 114D3 WYNDEMBRE, COURTSIDE COMMONS PHASE IV - WATER FACILITIES ACCEPTANCE See O.R. Book 1297 , Pages 1131-1138, 1603-1609 Item f14D4 COURTHOUSE SHADOWS SHOPPING CENTER - ON SITE , OFF-SITE SEWER PACILITIE~ ACCEPTANCE See O.R. Book 1297 , Pages llSO-1167 Item '14DS - Moveð to '9D2 ~ODK 107 PA'·t 758 Page 77 '. IDaK 107 PA',! 759 SEPTEMBER 22, 1987 %tem U4Gl CBRTIPICATES FOR CORRECTION TO THB TAX ROLLS 1986 No. 214 Dated 09/08/87 1986 Tangible Personal Property Nos. 1986-250/25l %tem U4G2 Dated 09/11/87 EXTRA GAIN TIME FOR INMATE NO. 49975 %tem tUG MISCBLLANEOUS CORRESPONDENCE FILED AND/OR REFERRED There being no objection the following rni~~ellaneous correspon- dence was filed and/or referred to the various departments as indi- catecl below: l. Letter dated 08/3l/87 from Henry W. Dorrenbacher, Vice President, Chase Manhattan Ban~, regarding fee increase with respect to Collier County, Florida - General Obligation Courthouse and Jail Bonds dated July 1, 1961. (Issue Number: l420-001), and 08/05/87 letter. Referred to Neil Dorrill, Sheriff Rog~rs, Jim Giles and filed. 2. Memorandum dated 09/10/87 from Department of Community Affairs, Corrine M. Sharpe, Chief, Bureau of Community Assistance, re Community Development Block Grant Program Annual Reports. Referred to Neil Dorrill, David Pettrow, Wanda Jones and filed. 3. Lett~. dated 09/02/87 from Benjamin E. "Woody" Price, Jr., Director, Divi~ion of Resource Planning and Management, DCA, re Local Government Comprehensive Planning Assistance Program Contract No. 87-LP-03-09-2l-0l-l58. Referred to Neil Dorrill, David Pettrow, Wanda Jones and filed. 4. Letter dated 09/09/87 from Douglas L. Fry, Environmental Manager, DNR, enclosing short form application (File No. 1l1391065), which involves dredge and fill activities. R~ferred to Neil Dorrill (letter), David Pettrow, Dr. P¡'offitt and filed. Page 78 - - - SEPTEMBER 22, 1987 5. 09/03/87 Permit for Construction from DNR regarding appli- cation of Hole, Montes and Associates, Inc., on behalf of w. Clarke Swanson, for administrative modification of a coastal construction ~ontrol line permit in Collier County originally approved by the Governor and Cabinet; File No. CO(109-M1. Referred ~o Neil Dorril1, David Pettrow, Dr. Proffitt and filed. 6. 09/23/87 Agenda, Florida Land and Water Adjudicatory Commis- sion, including Woodlands DRI, Collier County, Florida, (Dept. of Community Affairs). Agenda and Woodlands backup reCerred to Neil Dorri1l, David Pettrow, filed. 7. Memorandum ~~ted 09/09/87 from Florida Department of Law Enforcemen~ to Chairmen of County Commissions, from Commis- sioner Robert R. Dempsey, re Amendment to Section 932.704(5), Florida Statutes, and enclosing a copy of the Quarterly Contraband Forfeiture Report. Referred to Sheriff Rogers (with forms), Jim Giles, Lori Zalka and filed. 8. Minutes: A. 09/l0/87 Agenda for CCPC B. 08/04/87 - Marco Island Beautification Advisory Board (pgs. 3 and 4 - corrections) C. 08/20/87 - Parks & Recreation Advisory Board & Agenda D. 05/19/87 - Imm. Lighting & Beautifi~ation Advisory Committee E. 08/31/87 - CCPC and 09/17/87 Agenda F. 08/07/87 - OChopee Fire C' ltrol District Advisory Board Special Meeting 9. Copy of memorandum to John Yonkosky, Finance Director, dated 09/04/87 from Sheriff Rogers re Funds Received from u.S. Marshal. Referred to BCC. 10. Copy of memorandum to John Yonkosky, Finance Director, dated 09/07/87 from Sheriff Rogers re Interest Earnings _ Certificate of Deposit. Referred to BCC. 11. Letter dated 08/26/87 from Alfred A. DelliBovi, U.S. Dept. of Transportation regarding the Surface Transportation and Uniform Relocation Assistance Act of 1987, and attaching EDQ D~tail Report of Active Projects. Referred to Neil Dorrill, Jeff Perry and filed. 12. Letter dated 08/31/87 from Lee A. Dehihns, III, Acting Regional Administrator, re Finding of No Significant Impact (EPA Step 1 Planning Grant C120597-0l), and attaching Environmental Assessment. Referred to Neil Dorri1l, Tom Crandall, Bill Lorenz and filed. Page 79 aODK 107 !'J'.! 760 'I" : 'f. '.: __ "N . ,,____,__ J "I. 107 nr.~ ï51 SEPTEMBER 22, 1987 Item '14Bl - moveð to Item l2D *** RECESS AT 5:30 P.M. RECONVENED AT 5:35 P.M. *** Deputy Clerk Kueter replaoed Deputy Clerk Kenyon Item UDl PRESENTATION BY. ENGINEERING FIRMS FOR PREPARATION OF THE NORTH COUNTY WASTEWATER FACILITY EXPANSION - CONSOER, TOWNSEND , ASSOCIATES CHOSEN FOR NEGOTIATION PROCESS Utilities Coordinator Laverty advised that six firms responded to the legal advertisement for engineering services for the expansion of the North County Wastewater Facility. He stated the Staff Selection Committee has prepar~~ a short list of three flrms: Tape U5 1. CH2M Hill in association with Wilson, Miller, Barton, SoIl & Peek, Inc. 2. Consoer, Townsend & Associates 3. Hole, Montes & Associates, Inc. in association with James M. Montgomery Consulting Engineers, Inc. CB2M Hill: Mr. Williams, Office Manager for CH2M Hill, stated the con- siderations in the design facilities will be a cost effective treat- ment, reliability, ease of maintenance, flexibility, and expandability. He stated that he will be the Project Manager; Tom Peek, of Wilson, Miller, Barton, Soll & Peek, Inc., will be the Principal from that firm; and Roger Haines will be the Design Engineer. He said they have developed a program and a three-year pro- ject sche~.ule which includes all aspects of County review. Page 80 - - - __"___"_...",,"~"""..",..~,____,",,..".,,._,,__m'.._ - - - SEPTEMBER 22, 1987 M~. Peek stated that CH2M Hill is the third la~gest engineering design firm in the country and the number one design firm in environ- mental matters. He said that Wilson, Miller, Barton, SolI & Peek, Inc. was ranked in the top 500 this year. He stated that both firms have been in this area for a long time and both have local experience. Mr. Haines stated that Collier County has a 20l Plan which is being reviewed and it defines the north service area. He said there has been talk about taking the central service area and combining it with the south and north service areas. He referred to a chart ehowing the present facilities, the planned and future expansion. Mr. Haines noted that the flows at the.present plant are beginning to reach capacity and assured the Board ~~at the three year schedule can be accelerated, if necessary. He then explained the i~portance of effluent disposal and gave several alternatives. He also showed an alternative to sludge oxidation dishes. In answer to Chairman Hasse, Mr. Haines stated they designeè some sewer treatment plants in Collier County in the late 1970's and also for the City of Naples in association with Black, Crow & Eidsness. Consoer, Townsend , Associates: Mr. Bill Townsend, Vice-President, addressed all three firms being interviewed. He stated that Consoer, Townsend & Associates has a pro- ven track record with Collier County. He said they have been involved in a number of projects which have all been completed on time or early and with~ut change orders. He showed a slide of the plaque at the Page 8l aODK 107 PAf.t 762 ..".~,-,..__.- - ._.. ~._-_. '~_._-'" ._.~." ._-- - -_.._~._. - -.- .-....--.- 10111( 107 nr,t 763 SEPTEMBER 22, 1987 horth County Plant stating that they are pleased that the improvements designed by their firm are operating in excess of requirements. He urged the Board to check with Staff on their good association with Consoer, Townsend & Associates. Tape '16 Mr. Stephen Betts gave a slide presentation showing the existing plant as well as other plants. He explained how they would like to handle this expansion. I~ answer to Chairman Hasse, Mr. Towr end stated the investigation into deep well injection will probably be handled by the County's other consultant and Consoer, Townsend & Associates will incorporate the recommendation from that study into the design on the expansion. Hole, Montes , Associates: Mr. Stanley Hol~, Chairman of the Board of Hole, Montes & Associates, stated that the team members will be: Don Bassett, Project Manager and Jim Higgins, Project Engineer. Mr. Hole stated that J. M. Montgomery Consultant Engineers, Inc. is an international firm that specializes in water ùnd wastewater, and he has worked with them for approximately 25 years. He stated that J. M. Montgomery's design office is in Ft. Lauderdale and the planning, contract management, and some of t~e engineering will be done in Naples at the offices of Hole, Montes & Associates. Mr. Bassett stated they are very directed to the specifics of this project. He stated they are the 5th largest firm in their field in Page 82 ;,-... SEPTEMBER 22, 1987 the country. Mr. Bassett and Mr. Higgins showed a slide presentation explaining the problems which already exist at the North County Plant. At the conclusion of th~ slidc show, Mr. Bassett showed a color display of a possible layout for the plant. In answer to Chairman Hasse, Mr. Higgins stated that deep well injection is a very costly method of effluent disposal as opposed to the irrigation methods being used at the present time. He stated that the cost and complexity of the regulatory network dictate that this method would not be their first choice. {> {> {> In answer to Commissioner Saunders, Utilities Administrator Crandall stated they have been pleased wi~ . the work performed by Conso~r, Townsend & Associates and have no complaints. The Board then marked their ranking sheets for the three firms. After tabulating the ballots, Mr. Laverty stated the firms were ranked a~: follows: 1. Consoer, Townsend & Associates 2. Hdle Montes & Associates, Inc. in association with James M. Montgomery Consulting Engineers, Inc. 3. CH2M Hill in association with Wilson, Miller, Barton, Soll & Peek, Inc. Commissioner Goodnight moveð, s800nðeð by Commissioner pistor and carrieð unanimously, that Staff begin negotiations with the top ranked firm of Consoer, Townsend , Associates. Page 83 aODK 107 PA';t 764 ,',,:. __..._~ "u"," .. ___".,.,..,."__..,___,'_"'æ._~.____ .001. 107 PA(.t 765 SEPTEMBER 22, 1987 *** There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 6:40 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~A«~ß 'ò\lUÚ Of' ~ ':: .' ;' '. ('/)' ... .' S· . v/. A~$T:"". " .f~ ~ J~~~!q¡;GILES ~ERK c-> . 1: .~!I'. l' - : , '''i~ ... ~ - "..' '. Jt"-. .. ",:'1 ..; .,J, ... .. . a8 presented - on ·a~6{/ff/ or as corrected Page 84 - -