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BCC Minutes 09/15/1987 R Naples, Florida, September 15, 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 having conducted business herein, met on this date at 9:00 A.M. in REGULAR 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; Maureen Kenyon and Beverly Kueter, Deputy Clerks; Neil Dorrill, County Manager; Ken Cuyler, County Attorney; Tom Crandall, Utilities Administrator; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; Ann McKim, Planning/Zoning Director; Dave Weeks, Robert Duane, Ron Lee, and BarbaraCacchione, Planners; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 ,aUK jl~p~r,t~()f) .--...""- ~....~".... . {~' . 'f., \ ' 1....· , ~~,7, '.rape '1 J": It_ f3 i/:¡ì}¡ /.> ' )~i '.' J.CJDDA - ~~~~' ~:~ '.'~. ' . ~,. SEPTEMBER lS, 1987 APPROVED WITH CHANGES Commissioner Saunders moved, seconded by Commi~sioner pistor and oarried unanimously, that the agenda b. approved with the following obanq.. I a. Item SB added by Commissioner Saunders for Courts regarding a recess of the courts at 11:00 A.M. September l7, 1987, to honor the Constitution of the United States. Addition of a Joint City/County Workshop to be held at 3:00 P.M. regarding beach parking fees. Addition of Item 9F2 to discuss the issues of the Joint City/County Workshop. hðdition of Item 9Fl re utilization of Golden Gate Park, Santa B~rbara Blvd. for Collier County Sheriff's Office - Police Dog Certification. b. c. d. e. Addition of Item 12C re discussion of one-cent local option sales tax. f. Item l4Bl re resolution awarding a Certificate of Public Convenience and Necessity to Alert non-emergency transport service moved to Item 9B4. g. Item 1482 re ir.crease in gasoline service charges from three cents to five cents per gallon moved to Item 9B5. Item l4C3 re East Naples Branch Lib~ary Construction Project moved to Item 9C3. h. i. Item l4Cl re change order for Parks and Recreation Administrative Office Building moved to Item 9C4. j. Item 6B3 Added re Petition ZO-87-l2C, Long John Silver's Restaurant and to be continued to 9/29/87. County Manager Dorrill indicated that he is in receipt of the revised purchase contract between the County and the Department of ~JD(' 107 f;at;! 412 Page 2 -.-...~"........~,.~- - SEPTEMBER 15, 1987 Natural Resources with regerds to allowing the State to purchase Lely Barefoot Beach. He indicete1 that this contract has just arrived and the County Attorney's office has not had an opportunity to review it, therefore, this matter will be put on next week's agenda. Item f6B3 PETITION ZO-87-12C, LONG JOHN SILVERIS RESTAURANT - CONTID TO 9/29/87 Comn,i~sioner Goodnight moved, seconded by Commissioner Pistor and carrieð unanimously, that Petitign ZO-87-12C, Long John silverls Restaurant, be continued to september 29, 1987. Item t4 MINUTES OP AUGUST 18, 1987 - APPROVED AS PRESENTED commissioner Pistor moved, seconded by Commissioner Goodniqht and carried unanimously, that the minutes of August 18, 1987, be approved as presented. Item UA EMPLOYEE SERVICE AWARD PRESENTED TO MIQUEL MARTINEZ Commissioner Hasse read and presented an employee service award to Miquel Martinez of the Road end Bridge Depertment for 10 years of ser- vice with Collier County. Item UB COURTS TO RECESS AT 11:00 A.M., SEPTEMBER 17, 1987, TO HONOR THE CONSTITUTION OF THE UNITED STATES Commissioner Saunders stated thet he had a request from the courts . regarding the brief ceremony that will be held on September 17, 1987, C·,1 ",. , \1.-. , Page 3 ó_ - - - .. - SEPTEMBER 15, 1987 at 11:00 A.M. He noted that State Courts across the country will recess for brief ceremonies commemorating the bicentennial of the signing of the U.S. Constitution. He indicated that the Nation's chief justices including Florida's chief justice, has ordered the pre- siding judges in each state to recess court at 11:00 A.M. and read a statement commemorating the Federal Constitution which was signed on September 17, 1787. He noted that this is to emphasize the importance of the Constitution to the Nation, to its democratic form of government and to its system of justice. He noted that the ceremonies will be held in Building "A". Item #6Al PETITION cP-87-2c, VINES , ASSOCIATES REPRESENTING CITIZENS AND SOUTHERN TRUST COMPANY ~QUESTING A COMPREHENSIVE PLAN LAND USE AMENDMENT AT c.R. 951 AND 1-75 - APPROVED FOR TRANSMITTAL TO DCA AND SWFRPC Legal notice having been published in the Naples Daily News on September 6, 1987, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CP-87-2C, filed by Vines & Associates representing Citizens and Southern Trust Company, requesting a comprehensive plan land use amendment from Urban to Industrial for approximately 250 acres. located at the northeast quadrant of the intersection of C.R. 951 and I-75 in Section 35, Township 49 South, Range 26 East. Planner Lee stated that this hearing is to provide a general over- . view of the request and to obtain approval to forward it to the DCA Page 4 H,' . aoaK 107 W·E 414 107 far;r 415 SEPTEMBER 15, 1987 and the SWfRPC and for the Board of County Commissioners to s~ate their intent to hold a second public hearing after it is returned from the above-referenced agencies. He indicated that the petitioner has submitted a request for a rezone from A-2 to PUD to accommodate a light indu~trial and interchange commercial development known as Citygate Commerce Park. He indicated that this proposal is a DR! which allows the local plannin? ~gency to initiate a comprehensive plan amendment at the same time as the Application for Development Approval without regard to the limitation on the frequency of plan amendments which is two times a year by state law. He noted that staff has reviewed this request and has determined that the Industrial designation is compatible with adjacent land uses and the site is an appropriate location for industrial uses. He indicated that staff did an analysis that indicates that there is a deficiency of suitable industrially zon~~ sites to meet the needs of new industry. He noted that the CCPC held their public hearing on August 31, 1987, and recom- mended that this petition be forwarded to the Board with a recommen- dation of approval. He indicated that staff is recommending that the . Board find that the Collier County Planning Commission held their public hearing; that this proposed amendment to the future land use map be transmitted to the DCA and the SWfRPC for their review; and that the Board states their intent to hold a second public hearing after the above-referenced agencies have reviewed this proposed amend- ment. Page 5 - - - SEPTEMBER 15, 1987 Mr. William Vines of Vines & Associates, representing the peti- tioner, stated that the present zoning on this project is agriculture, adding that he has filed the application for this project and is serving as the planner. He noted that this is the first in a number of appearances that he will be making with regards to this project and he is simply asking that this be ãpproved to be forwarded on to DCA and SWFRPC. In answer to Commissioner Hasse, Mr. Vines indicated that due to growth there will be additional need for industrial uses, but the key is to find the appropriate location as well as the needed acreage. He noted that this site has excellent characteristics for non-residential uses as well as being the first exit off 1-75 from the east coast.. He noted that there are a number of industrial uses in the area as it is in close proximity to the treatment plant as well as the landfill. He indicated that this area would not be appropriate for residential use and with careful planning this would be the ideal site for commercial, offices, light industrial, storage, and distribution areas. Commissioner Hasse questioned where the-access to tKis property would be, to which Mr. Vines indicateâ thùt the point of entrance is north of the existing entrance to the water treatment plant. Mr. George Keller, representing Collier County Civic Federation, stated that the County is in the process of developing a new compre- hensive plan and this petition is premature. He noted that the pro- perty owner is trying to get the best value and the highest use out of aGat( 107 PA~.~ 416 Page 6 f ,( ': :]', . ~~;. ,ItA...." ;,'..~',.',... . L' .' " ", .' ;'7~:, . ¡J. T~~~ ;~~'~+~ ----........---- ,...._~,,-'""'''..- 107mr417 SEPTEMBER 15, 1987 this property, which does not tie in with the County as a whole. He noted that the County should take into consideration whether ~here is going to be any additional need for land in this area for the water plant before anything is done with this property. He stated that the comp plan should be completed before this is acted upon. Utill~ies Administrator Crandall stated that the plans do not call for any additional land, adding that it would not be appropriate to tie up the petitioner's property-waiting for the County to decide in the future if they need additional land. He indicated that there are no plans to purchase additional property and all the wells are several miles off-site. He noted that the County has rights to the access roads and this request would not restrict the County in anyway. He indicated that this plant is serving the north and south areas and will eventually only serve the north area, which is why land is not needed. In answer to Commissioner Hasse, County Manager Dorrill s~ated that there is an additional 300 acrcs of land between the petitioner's property and the landfill, which is the land that he has discussed with ~e Board of County Commissioners. In ftnswer to Commissioner Pistor, Planner Cacchione stated that this project is in compliance with the existing comprehensive plan, adding that a response with regards to the new comprehensive plan wculd be premature. She noted that the policies and principles of the current plan have been met, which is the reason that staff is recom- ,~ I " , :! ~ Page 7 - - SEPTEMBER 15, 1987 mending a~proval. She noted that there is a need for a good location with acreage for industrial use. Commissioner Glass stated that the only thing that is happening this date'is that the Board is allowing this petition to be transmitted to DCA and SWFRPC for their review, in order for the Board of County Commissioners to make a better decision when it comes back from them. Planner Cacchione stated that the final public hearing will be for the DRI and the rezone with the comprehensive plan amendments. Commissioner Pistor moved, seconded by Commissioner Goodniqht aDd carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that the Board transmit to the state Department of Community Affairs the proposed amendment to the future land Use map for their review and transmittal to the SWFRPc; and that the Board intends to hold a second adverti.ed public hearing after the state and Regional Agencies have reviewed the proposed amendment. Tape 12 Ztem UBl PBTITION R-87-l0C, DR. NENO J. SPACNA, REPRESENTING JOSEPH CALI, REQUBSTING A RBZONE FROM C-4 TO C-S FOK~802 40TH TERRACE, SW _ DENIED 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 Petition R-87-10C, aD~ 107 PA'.! 418 Page 8 If' i ',)" . ·-,--.-......."",'..., 107 PI'.! 419 SEPTEMBER 15, 1987 filed by Dr. Neno Spagna, representing Joseph Cali, requesting a rezone from C-4 to C-5 for uses permitted in the C-5 district.for pro- perty located at 1802 40th Terrace SW, in Section 22, Township 49 South, Range 26 East, containing ± .487 acres. Planner Duane stated that to the north, 18th Avenue SW separates the C-5 from the C-4 land uses, and also provides the dividing line for lands trat are zoned RMF-l2 and RMF-6. He indicated that the lands to the west are sparsely.d~veloped with residential land uses. He reported that the request is for an auto parts storage facility, adding that the Planning Staff did'not find this use objectionable but there are a numoer of other uses that are permitted in the c-s zoning district that could be objectionable, particularly with the residen- tial land uses located on the west side of the street. He noted that it was staff's opinion that this particular request did not comply with the Comprehensive Plan as the criteria for locating neighborhood commercial land uses requires that these particular land uses have access to a collector street or arterial road which this subject tract does not have. He stated that the Comprehensive Plan requires that c-s type land uses be located in a commercial node and this property . is not located in such a node. He noted that the Comprehensive Plan also encourages lower order of goods and services for which this is not. He indicated that he has had no correspondence for or against this petition. He stated that the CCPC voted 4/4 on this request and, therefore, they do not have a recommendation to m~ke to the Board of ~ ,J.'j' Page 9 - - - ......h,.'.._...._...."'.."..."'''"__ SEPTEMBER 15, 1987 County COll1ö:1issioners, but Staff is recommending denial. Dr. Spagna representing the Petitioner, stated that all lands to the south of the proposed rezone are zoned C-4 and all lands to the north are zoned C-5. He noted that the location of this property would be a continuation of the C-5 zoning. He noted that there are a lot of homes across the street from the subject property which are duplexes and fourplexes and they have been built since the C-s has been developed. He noted that people have invested in the residential areas knowing that there is commercial across the street from it, adding that the duplexes and fourplexes are generally filled, with very few vacancies. He stated that on the eastern side of the C-s area, there are over 300 units being built and there are currently three existing residential buildings and the investors do not have any problems being next to commercial. He indicated that with regards to a thoroughfare, 18th Avenue SW is only 300 feet from C.R. 951. He noted that the C-5 district permits inside storage and warehousing along with limited manufacturing wholly wit~in a building, which means that it does not create noise, vibrations, pollution, or anything that is detrimental to the surrounding area. He indicated that as long as the use complies with the C-5 restrictions, there will be nothing that hurts the surrounding area. In answer to Commissioner Saunders, Planner Duane stated that c-s permits light commercial industrial, wholesaling, distribution, cabi- net shops, and light manufacturing. He noted that the auto parts !OaK 1m PA~.: 420 Pa.q,e l.Q 107 PA~{ 421 SEPTEMBER 15, 1987 shop is not objectionable, but there are other uses within th~ C-S that may be objectionable and might adversely affect the surrounding residential areas. He noted that if C-5 is allowed, the boundaries of the district would be expanded. Planner Duane indicated in response to Commissioner Pistor that 18th Avenue SW does not meet the criteria required for a C-5 district, but the overriding factor is that the district would be expanded which would create spot zoning. He noted that if this property was rezoned C-S, then the other properties to the south of 18th Avenue could also request a rezone. Commissioner Glass questioned what the function of the auto parts area would be, to which Dr. Spagna stated that there would be storag~ of small parts and equipment, adding that Ford Motor Company drives a lot of their cars throughout the area testing them and if they should need a tire repaired or a battery replaced, they would like to have an area where they could do this and then go on their way with the testing. He noted that no retail work would be done there, to his knowledge, as this is strictly for storage. . Commissioner Hasse indicated that he has been told that there will be retail repairs done as this is part of Synthetec, Inc. and that is what they normally do. Commissioner Glass stated that this is an auto parts operation and C-4 permits that auto parts storage and questioned the difference, to which Planning/Zoning Director McKim stated that the commercial Page 11 - - - '---.-.--...--- - - - SEPTEMBER 15, 1987 districts overlap, adding that the storage in C-4 zoning is storing of items only that arc being sold over thc countcr which is retail sales but wholesaling is not allowed. Dr. Spagna referred to the requirements of heights, noting that C-4 has a height limit of 100 feet and C-5 is limited to 35 feet which would be more compatible in that area. He noted that there is a great need for work in the area and this business will provide work for people. He noted that people should not have to come to Naples to purchase things that they need and this type of business is needed there. Commissioner Saunders questioned if this building is to be use,d for auto parts which is permitted in the C-4 district, to which Dr. Spagna replied affirmatively, adding that it will also be used for automobile repairs. Commissioner Saunders stated that this is the problem then, because automobile repairs are not permitted in the C-4 district. Tape f3 Ms. McKim stated that C-5 allows more intense uses than C-4, adding that if the zoning is approved from C-4 to C-s any of the C-S uses can go on this property. She noted that a major issue that needs to be remembered is that this is coming in under a neighborhOOd com- mercial of the Comprehensive Plan and it requires arterial collector connection and is limited to neighborhood commercial uses which many of the C-5 uses cannot and do not meet. She noted that most ware- Page 12 'OOK 107 PAGE 422 . 107 pm 423 SEPTEMBER ls, 1987 housing, wholesale and storage are not neighborhood commercial uses, which are 3taff's real issues. She noted thal C-5 does allow'outside storage and does have to be enclosed in an opaque fence and there are other limiting factors as to how close they are to the public roads. She stated that it also limits the type of outside storage, adding that C-5 is not as intense as industrial, but it is a step up in intensity compared to C-4. Mr. Terry Miller, Faciliti~s·Supervisor of Synthetex, Inc., pre- sented a letter to the Board from ~he President of Synthetex, Inc. Commissione~ Hasse said that the letter dated September 15, 1987, from Synthetex, Inc. indicates that they are not requesting a zoning change at this time and that Mr. Cali has never been a representative of Synthetex and his statements have never been authorized. Dr. Spagna stated that he is surprised at this letter, adding that he has no idea what the situation is. He noted that he was not repre- senting Synthetex, Inc. and in respons~ to Commissioner Hasse, he stated that he never indicated that Synthetex was planning on moving into this building. · Commissioner Pistor moved, seconded by Commissioner Glass and oarried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Glass and oarried unanimously, that Petition R-87-10c, Joseph Cali, requesting a rezone from C-4 to c-S, be denied. Page 13 - - - SEPTEMBER 15, 1987 It.. UB2 ORDINANCB 87-71 RE PETITION R-87-7C, WILLIAM C. MeANLY AND ASSOCIATBS, P.A., REPRESENTING ELBA DEVELOPMBNT CORPORATION, REQUBSTINO A REZONE PROM A-2 TO PUD KNOWN AS ROYAL WOOD GOLF AND COUNTRY CLUB - ADOPTED SUBJECT TO STIPULATIONS Legal. notice having been published in the Naples Daily News on August 14, 1987, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-87-7C, filed by William C. MeAnly and Associates, P.A., representing Elba Development Corporation, requesting a rezone from A-2 to PUD known as Royal Wood Golf and Country Club for 146 single-family units, 654 multi-family units and a golf and country club for property located on the north side of Rattlesnake Hammock Road, approximately 1/4 mile east of County Barn Road in Section 17, Township 50 South, Range 26 East, containing ~ 239.8 acres. Planner Duane stated that lands to the north are zoned PUD for Youth Haven; lands to the east are permitted for mobile home rental parks; to the west lands are zoned A-2, RSF-5 and PUD for Huntington Woods which is a mixed single-family and mUlti-family project. He indicated that the petitioner is requesting that the 800 units be per- mitted to be located in a single family or a multi-family dwelling unit configuration to allow flexibilit~ and staff. recommends approval of the subject petition. He stated that the gross density is approxi- mately 3.3 units per acre and is compatible with the 2.5 dwelling units per acre which has been permitted in Lely Country Club and the 8 aDaK 107 P~(.! 424 Page 14 -----,~..,,--,...,.. 107 Ptr.! 4.25 SEPTEMBER 15, 1987 units per acre that is shown for the mobile home rental park.. He noted that several letters of objection were received, which indicated that this is over-zoning this particular area of the County. He noted that CCPC held their public hearing and voted unanimously to recommend approval of this petition. He noted that the single-family lot sizes are 10,000 square feet in area and would have 80 feet in width that corresponds to the development.,stardards that are contained in the RSF-3 single-family zoning district. He noted that the side, front, and rear yard setbacks and lot sizes are identical to the RSF-3 zoning district. In answer to Commissioner Hasse, Utilities Administrator Crandall stated that there is centralized water in the area that this project will be tieing into. Commissioner Hasse questioned if there is enough water to supply the existing area as well as this project, to which Mr. Crandall stated that if all the units had to be served now, there would not be sufficient water supply. He noted that there is low water pressure in \his area and any additional supply in this area will take away from the customers in the north county area. Commissioner Pistor questioned if there will be additional capa- city next spring, to which Mr. Crandall stated that as soon as the plant is completed, there will be sufficient water. He noted that sufficient water should be available by December or the fi rst part of 'the year. He indicated that with regards to the sewer plant, they can ~ ; :- Page 15 - - - SEPTEMBER 15, 19B7 have their own storage tank. Commissioner Saunders question~d if the developer would agree to ð statement that indicates that a "CO" will not be issued if there is a lack of water pressure, assuming that the plant goes on line on time, to which Mr. William McAnly, representing the Petitioner, stated that according to the development schedule, there would not be any problem as the plant will go on line before they will need a "CO" issued. He noted that the first phase of this development will not have that many units that will have to be hooked up. He questioned if they would be . able to receive a "CO" for the first 100 units and no "CO's" after those units unless the plant is on line? Commissioner Hasse stated that if there is insufficient water at the present time, there is no sense in creating an additional problem. Mr. Crandall stated that within three months there will not be a problem. Mr. McAnly stated that he would agree to such a stipulation based on Mr. Crandall's statements. Reverend Lyberg of Sheperd Lutheran Church stated that he is pleased with the development and has no objections but he would like to'know if the decorative appearance around the pumping station will be maintained, to which Planner Duane stated thAt this area will be preserved in its natural state with the existing vegetation, adding that the County can insure that a buffer be placed around the pumping station. aøOK 107 PAr,r 426 Page 16 ......"'______...____"............-0"·.... _-___ 107 I'm 427 SEPTEMBER IS, 1987 Rev. ~yberg stated that he would like to urge the County to complete the extension of Santa Barbara to Polly Avenue before four- laning County Barn Road as Santa Barbara extension is desperately needed. . ' Commissioner Hasse questioned if the developer is going to give any assistance with regards to Polly Avenue, to which Public Works Administrator Archibald stated that the developer is dedicating a 100 foot right-of-way for the extension of Santa Barbara. Commissioner Pistor moved, seconded by Commissioner Goodnight and oarried unanimously, that the pUblic hearing be closed. Commissioner Pistor moved, seconded by Commissioner Saunders and carried unanimously, that the Ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 28 subject to amendment of the PUD document anð the Petitioner's agreement: . ORDINANCE 87-71 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA Of COLLIER COUNTY, FLORIDA BY AMENDING TilE ZONING ATLAS MAP NUMBER 50-26-4 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ROYAL WOOD GOLF AND COUNTRY CLUB FOR 146 SINGLE FAMILY UNITS, 654 MULTI-FAMILY UNITS AND A GOLf AND COUNTRY CLUB FOR PROPERTY LOCATED ON THE NORTH SIDE OF RATTLESNAKE HAMMOCK ROAD, APPROXIMATELY 1/4 MILE EAST OF COUNTY BARN ROAD IN SECTION 17, TOWNSHIP, 50 SOUTH, RANGE 26 EAST, ± 239.8 ACRES; AND PROVIDING AN EFFECTIVE DATE. r' .' ¿. 'j Page 17 - - - , -................"'..,.'''..,-.---...,-..-''., .............~,,_..._--_._..,",.----"- " I, 107 PA1,f 429 SEPTEMBER 15, 1987 Item f6C1 RESOLUTION 87-207 AMENDING DEVELOPMENT ORDER 86-1, FOR THE WOODLANDS _ ADOPTED Legal notice having been published in the Naples Daily News on August 2, 1987, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed resolution amending Development Order 86-1, for the Woodlands by amending Section A.4, Findings of Fact, to state a maximum square footage of commercial retail permitted and to increase the total acreage of preservation areas and to set forth a revised land use schedule that does not increase the total amount of acreage or dwelling units previously approved. Planner Duane stated that the DCA has requested that the Woodlands Development Order be amended to include the number of square feet of floor area that will be devoted to commercial uses in the DRI, which is 200,000 square feet. He stated that, in addition, the Petitioner has requested that a revised land use schedule that more accurately reflects final engin~ering estimates for the Woodlands land uses also ~ included in the revised Development Order. He noted that these estimates vary only slightly from the previous PUD and DRI approvals and do not increase development intensity or the number of dwelling units and therefore, staff has no objection to the proposed amendment. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that the public hearing be closed. Page 18 . ,.' ~ 7"¿¡> . - - - SEPTEMBER 15, 1987 Commissioner pistor moved, secanded by Commissioner Saunders and oarried unanimously, that Resolution 87-207 amending Development Order 86-1, The Woodlands be adopted. aDaK 107 fIr.: 430 Page 19 J" ! . , , . 1m n'jt'433 SEPTEMBER 15, 1987 Item '7Al aBSOLUTION 87-208 RB PETITION V-87-13C, JOHN AND VICTORIA TODD REQUBSTING A VARIANCB POR PROPERTY OK POMPBI LANE - ADOPTED . Legal notice having been published in the Naples Daily News on August 30, 1987, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider petition V-87-l3C, filed by John end Victorie Todd, requesting a 4 foot variance from the required side yard setback of 7.5 feet to 3.5 feet and a 1 foot variance from the required rear yard setback for an accessory struc- ture of 10 feet to 9 feet for property located on the north side of Pompei Lane approximately 170 feet east of Castello Drive in Section 15, Township 49 South, Range 25 East, (Central Naples). Planner Weeks stated that this is a multi variance to reduce the rear yard setback from 10 feet to 9 feet and the side yard setbacks from 7.5 feet to 3.5 feet to allow for a screened enclosure around the swimming pool. He noted that the lot is typical in size and shape of the lots in that subdivision and there is a five foot easement along the rear of the property but the requested variances do not affect it. He indicated that in reviewing this petition, staff does not feel that ð land or structure related hardship exists. He indicated that the petitioner has stated that they are requesting the variance because of chronic maintenance and health problems, whic~ in Staff's opinion is a personal hardship. He noted that if a land or structure hardship can- not be demonstrated according to the required criteria, staff must Page 20 - - - ...-.--."-...---""--,---.......--, - - SEPTEMBER 15, 1987 recommend denial. Mrs. Victoria Todd, Petitioner, stated that she feels that there is a hardship as the water line is in the setback and they should not be forced to screen over the water line. She stated that the Planning Department indicated that they could put a cover over the pool, but that would not solve the problem and covers are made to keep the heat in the pool during the winter months. She noted that they are having problems with the foliage and the animals. She indicated that they purchased the house in 1986 ~nd the pool was already existing, adding that she does not feel that she should be penalized for a problem that she did not create. She noted that without the variance, she would have to attach the coping to the pool and then go 12 inches over the pool upward. She noted that if they cannot have the rear variance, they would be willing to give that up if they could still have the 4 foot variance on the side. Tape ... Mrs. Todd noted that they installed a n:w filtering system which is failing as much as the l~her system because of constant problems with foliage and other things getting into the pool. She noted that trees cover over half the adjoining lot: "She present!d letters from the adjoining neighbors indicating that they had no problems with her obtaining a variance. Mr. Todd indicated that they needed the four foot variance on the side but would be willing to forego the one foot variance in the rear, aDOK 107 F"~! 434 Page 21 . SEPTEMBER 15, 1987 but he could not screen the pool without the variance as ther~ would be no walkway and if anyone was swimming and got into trouble at the deep end, there would be no way to help that person. Commissioner Saunders moved, seoonded by Commissioner Glass and carried unanimously, that the public hearing be closed. Commissioner Saunders moved, seoonded by Commissioner Glass and carried unanimously, that Reso~u~ion 87-208 re Petition V-87-13C, John and Viotoria Todd be adopted for the side yard setback variance of 4 feet only. ,; . ff~ ~: þ..;!" ~ i4.. ,~ :~ .1. "" ~"1; !: . Page. 22, - - - ~......,..........,,_ .d SEPTEMBER 15, 1987 .** RECESS AT 10:40 A.M. RECONVENED AT 10:50 A.M. ..* Deputy Clerk Kueter replaced Deputy Clerk Kenyon xt_ t7Bl RBSOLUTION 87-209, PETITION PU-B7-10C, CHIEP JAMES L. JONES OF NORTH MAPLES PlRE CONTROL' RESCUE DISTRICT, REPRESENTING FUTURE CITIZENS, XNC., REQUESTING PROVISION~L USE POR A FIRE STATION - ADOPTED Planner Weeks stated the location of the property in question is west of U. S. 41 and south of Wiggins Pass Road and showed the exact location on a wall map. He showed a larger parcel of property which was previously given a provisional use for Camp Soaring Eagle. He said the site of approximately one acre, which is proposed to house the fire station, is within the 15 acre parcel currently under a provisional use for Camp Soaring Eagle. He stated that land to the north is sparsely developed with single-family residences and commer- cial land uses fronting on Wiggins Pass Road; to the east, south and west is mostly undeveloped; and farther to the west is Gulf Harbor Subdivision. Mr. Weeks advised there is an eagle site just to the south of the larger parcel, approximately 800 to 900 ft. from the subject property. He stated that Staff finds the petition in compliance with the Comprehensive Plan although Staff was concerned about the noise generated from this use. He said the Environmental Advisory Council and the Natural Resources Department have concerns with the possible disruption of the eagle's nest, however, both have recommended this petition for approval subject to numerous stipulations. -, , ' Page 23 aoaK 107 p~r.~ 438 107 p~r,! 439 SEPTEMBER 15, 1987 Mr. Weeks advised that the Collier County Planning Commission heard this petition on August 31, 1987 and recommended approval sub- ject to stipulations on a vote of 4/2. He said two people spoke against the petition at the CcPC Hearing and one letter in opposition was received. He said Staff is recommending approval subject to sti- pulations. Chairman Hasse stated his concern with allowing a provisional use within an existing provisional use. County Attorney Cuyler advised there is nothing contained in the Ordinance which would preclude the action suggested. He stated' that the determination of whether the uses conflict is up to the discretion of the Board of County Commissioners. Responding to Chairman Hasse, Mr. Weeks stated that the owner of the 15 acre parcel apparently feels they can do without one acre. Deputy Chief Ray Barnett, Sheriff'~ Department, stated that Stipulation "g" states that the fire department will not use their sirens until they reach Wiggins Pass Road. He said the purpose of the emergency vehicle siren is to warn the general public and if the use . of these sirens is restricted, the Board of County Commissioners may be incurring some liability. He requested that the use of the sirens be left to the discretion of the fire department. Chief Jim Jones, North Naples Fire & Rescue District, stated that the area is very quiet and they have agreed not to use the sirens until they reach Wiggins Pass Road, however, he noted they will still Page 24 - - - t;- SEPTEMBER 15, 1987 use their discretion and if the siren is needed on occasion they will use it. He advised they have exhausted all possible sites in the area and this one is both convenient and reasonable. He advised they will be leasing the property until they are in a position to purchase. Responding to Chairman Hasse, Mr. Cuyler stated there is nothing to prohibit the Board of County Commissioners from granting two provi- sional uses together, unless the Board determines that the uses are not compatible. He advised that if the Board wishes to grant this . provisional use, it should be done with the condition that the owner of the property petition for a legal description change for their provi- sional use. In answer to Commissioner Pistor, Chief Jones stated that Bonita Springs serves Little Hickory Shores and is approximately 5 miles from their proposed location. Natural Resources Management Specialist Burch stated both NRMD Staff and the Environmental Advisory Council certainly have many con- cerns for the eagle's nest in the area. He stated that research has shown that nesting eagles are most bothered by visual distractions, and while noise is a problem, it is less of a problem than visual activity. He stated that the Habitat Månâgement Guidelines for the Bald Eagle in the Southeast Region indicates the most sensitive area for the eagle is from 750 to 1,500 ft. from the actual nest site depending on the type of habitat. He said the National Audubon Society and the State of Florida Game and Fresh Water Fish Commission Page 25 am 107 f'~f.! 44.0 107 pm 441 SEPTEMBER 15, 1987 have suggested that this area is dense enough habitat to use the 750 ft. radius of the nest. He stated that the information obtained suggests that this construction and site, if the stipulations are met, will result in a minimal impact on the eagle's nest. Answering Commissioner Saunders, Mr. Burch stated an opaque fence could not hurt, however, the EAC has requested a stipulation which requires trees to be planted. He stated the trees will become high enough to provide additional buffering for the nest. Mr. Burch also noted that the petitioner has been very cooperative and has repositioned the proposed fire station from what was origi- naUy proposed. Tape IS A lengthy discussion followed on the possibility of the Fire District obtaining another site for the fire statiryn. Fire Commissioner Mohr, Mr. Baltakis, Chairman of the North Naples Fire Control District and Mr. George Keller spoke in favor of the petition. commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that Resolution 87-209, Petition PU-87-10C, . Chief James L. Jones of North Naples Fire Control , Rescue District, representing Future Citizens, Inc., requesting provisional use 8.10 (Essential Service) of the "RO" district for a fire station, be adopted with the following stipulations: 1. Staff shall initiate a petition to change the legal descrip- tion contained in the Provisional Use for Camp Soaring Eagle to remove the fire station site. 2. Stipulation "9" shall be changed to reflect the use of sirens at the discrction of the North Naples Fire Chief, however, testing of sirens will be restricted. Page 26 .. - - IVO~ 1~ p~(.t 4. 49 SEPTEMBER 15, 1987 :Item 17B2 aBSOLUTION 87-210, PETITION PU-87-19C, NENO J. SPAGNA, REPRESENTING HEYCOM, INC. REQUESTING PROVISIONAL USE FOR A COMMUNICATION TOWER - ADOPTED Planner Weeks stated the proposed communication tower is located to the east of Oil Well Grade and approximately 3/4 of a mile north of Oil Well Road. He stated all surrounding lands are zoned agriculture and have been actively used for agriculture in the past or are pre- sently being used. Mr. Weeks stated this petition has been before the Board before and the CCPC had recommended approval subject to stipulations, however, the petitioner withdrew the petition because of an unfa- vorable view from the FAA. He advised the petitioner has relocated the tower 3; miles to the south and east, which the FAA felt was a more favorable location. Mr. Weeks stated Staff has no objection to the relocation of the tower and recommends approval eUbject to stipulations contained in the Petitioner's agreement. commissioner Glass moved, seconded by commissioner Pistor and oarried unanimously, that Resolution 87-210, Petition PU-87-19C, Neno J. Spaqna, representinq Meycom, Inc., requesting provisional Use 8.10 (Essential servioes) of the A-1KH District for a communioation tower, be adopted. Page 27 - - - SEPTEMBER 15, 1987 Ite. I8A PRESENTATION BY DUANE BILLINGTON REGARDING CLAM PASS CONCESSION - NO ACTION Mr. Duane Billington, S. W. Florida Concessionaires, requested that the Board of County Commissioners take whatever action is necessary to afford S. W. Florida Concessionaires the opportunity to negotiate with Collier County on the Clam Pass Park Concession. He stated that 32 concessionaires expressed an interest when bids were requested, however, only one bid was actually submitted. He said he believes this is the result ~f the high front-end costs which were requirer in that bid from the County. He continued by stating that, in his opinion, the taxpayers of Collier County would be better s~rved if there were a healthy competition in the negotiating process. In response to Commissioner Saunders, County Manager Dorrill stated that following the receipt of one proposal the Board directed Staff to have a separate budget for a County operation to compare against the proposal received. He stated that during the Budget Workshops the Board decided to delete the County operation from the budget and Staff wat directed to negotiate a revised proposal with the one bidder. He noted that this agreemen~will now contain a provision for the concessionaire to construct a commercial kitchen at the faci- lity in an amount not to exceed $75,000. Also in response to Commissioner Saunders, Mr. Billington stated he was not one of the original 32 concessionaires which showed an Page 28 BOOK 107 PÂr.t 4.5f> . 100( 107 PA(jt 457 SEPTEMBER 15, 1987 intere&t in this bid. Commi8sioner Goodnight left the meeting. In answer to Chairman Hasse, Assistant County Attorney Weigel stated that a Request For Proposals was the vehicle used for solicita- tion of these services and the language provided for proposals with specific guidelines and capital, but also asked for additional propo- sals or variations. He stated the RFP was advertised in the Naples Daily News, Tampa Tribune, Ft...Lauderdale News, and solicitations were sent to people in the concessionaire business aSking if they would like to respond. Mr. Weigel advised that a pre-bid conference was held on May 6, 1987. He advised that two people came to the meeting and indicated they had certain problems with the specific County proposal and would provide an alternative', however, only one was received after that meeting. Mr. Weigel stated that the previous direction of the Board was to continue negotiations with the one bidder. He advised that if the Board does not wish to approve the contract when submitted by Staff, they can direct that the concession be rebid. . 'l'ape t6 Commissioner Saunders stated that Mr. Billington was not one of the 32 initial inquiries and he does not feel the process should be opened at this point. Chairman Hasse suggested that Mr. Billington submit a bid for the Tigertail Beach Concession. Page 29 - - .. . SEPTEMBER IS, 1987 Public Services Administrator O'Donnell advised that the bids for the Tigertail Concession were closed last week and have already been opened. He said the Sele~tion Committee will be meeting on September 16, 1987 to rank the firms. Mr. George Keller, Collier County Civic Federation, stated their interest is not who is going to operate the concession, but rather when it will open. Commissioner Glass advised Mr. Keller to visit Clam Pass again and see the progress that has been made. He noted the. bathrooms have been installed. Item t9AI PUBLIC HEARING DATE FOR AN AMENDMENT TO THE PELICAN BAY DEVELOPMENT ORDER TO DETERMINE IF A SUBSTANTIAL DEVIATION EXISTS - SET FOR SEPTEMBER 29, 1987 Commissioner Saunders moved, seconded by Commissioner Pistor and carried 4/0 (Commissioner Goodniqht absent) that the Substantial Deviation hearing for the amendment to the Pelican Bay Development Order be set for september 29, 1987. Item UB1 BID 87-1149 FOR AIR CONDITIONING EQUrPMENT, FOR NEW AIC CHILLER BUILDING - AWARDED TO VARIOUS BIDDERS Legal notice having beon published ~~ the Naples Daily News on August 7, 1987 as evidenced by Affidavit of Publication filed with the Clerk, Bid 87-1149 was opened at 2:30 P.M. on August 26, 1987. Public Works Administrator Archibald stated this bid is for the purchase of air conditioning equipment for the new central plant which Page 30 'ODK 107 PJ'.! 458 "'_-m_....._,.."·_..._...."""··,·,'h_..__ í Jd~ :~~ ~107 mt459 SEPTEMBER 15, 1987 will serve the entire County complex. He stated the new building is proposed to be located south of the jail and will be a 1.3 million dollar investment to serve existing buildings as well as long.term expansion. I" Mr. Archibald stated th~t this plant must be operational before construction can begin on the new Courthouse and due to a twenty-six week required lead time in purchasing the equipment, Staff is pro- posing that it be purchased now for delivery in December. He stated that Phase I of this project cÐnsists of purchasing 6 pumps, two 'cooling towers, and two chillers. Mr. Archibald stated Staff has reviewed the bids received with the County's Engineering Firm, L.W.S.M. of Ft. Myers, and recommends the low qualified bidders for each piece of equipment: 6 Pumps Aurora 58,541. 00 2 Cooling Towers Tri-Thermal $65,890.00 2 Chillers Trane $101,995.00 Mr. Archibald stated that final approval will be subject to the low bid vendor producing the equipment and providing storage and deli- very at the appropriate time. In answer to Commissioner Pistor, Mr. Archibald stated delivery of . the equipment will take place in FY 1987/88 and there are funds available for this equipment in Fund 301. Commissioner Pistor moved, seconded by Commissioner Saunders and carried 4/0 (Commissioner Goodnight absent), that Bid No. 87-1149 for paqe 31 - - - SEPTEMBER 15, 1987 air conditioning equipment for the new air conditioning ohiller buildinq b. awarded to Aurora, Tri-Thermal and Trane. Item UB2 RBSOLUTION 87-211 ESTABLISHING A NO-PARKING ZONE ALONG GULF SHORE DRIVE - ADOPTED Public Works Administrator Archibald stated the proposed no- parking zone along Gulf Shore Drive is located immediately south of 111th Avenue, N. He stated the Transportation Department has recelved a letter from the condominium owners in this area indicating an existing problem relative to parking, damage to the right-of-way and a traffic hazard. He advised that the Transportation Department has investigated the area and although this problem occurs infrequently, that area of Gulf Shore Drive is an important collector in and ðround a curve in the road. Mr. Archibald stated Staff recommends the establishment of ð no- parking zone. Commissioner Pis tor moved that the Staff recommendation be acoepted. Responding to County Manager Dorr.ill, Mr. Archibald stated the same problems do not exist to the south of this location. He said the proposed area is approximately 1,100 f~. or a little less than one- quarter of a mile. In answer to Chairman Hasse, Mr. Archibald advised there are no County beach accesses in this area which is adjacent to Delnor Wiggins Pass Park. Ms. Evelyne Lawmaster, Vanderbilt Beach Property Owners &aOK 107 m.E 460 Page 32 . SEPTEMBER 15, 1987 Association, stated they ar~ in favor of this no-parking zone. She stated there is a small beach access 10caLed between the Barcelona and the Mansions Condominiums. She requested that the no-parking zone be extended as far south as LaPlaya, since it is already illegal to park near the driveways of the residential areas. Mrs. Lorene Wood, Naples Park resident, stated that this sounds like another effort by the beach condominiums to obtain private beaches. She displayed a map indicating four beach access points along Gulf Shore Drive. She suggested that instead of establishing no-parking zones, the north side of Gulf Shore Drive be marked with adequate parking spaces. Mr. Dorri11 stated that the concerns of both speakers are separate and apart from the pr0posal today. He said the area the spe~kers are referring to is south of the proposed no-parking zone. Commissioner Goodnight returned to the meeting at this time. A 'lengthy discussion followed on the difference between County beach access points and easements. Chairman Hasse directed Mr. Archibald to investigate clearing up the issue on beach access in that area and to determine what could possibly be provided for parking. Commissioner Pistor restated his motion that Resolution 87-211 establishing a no-parking zone along Gulf Shore Drive, be adopted. The motion vas seconded by Commissioner Saunders and carried unani- mously. )" 107 mt 461 1'1 -¡ - Page 33 - - 107 PAf,t 463 ~ I ...' SEPTEMBER 15, 1987 1 tea f9C2 COUNTY ATTORNEY TO AMEND ARTICLE IV, USE OF COUNTY PAR~S, SEC~ION 24-60, PROHIBITED ACTS, ITEM "JtI Public Services Administrator O'Donnell said that the Golden Gate Advisory Committee has requested that Article IV, Use of the County Parks, Section 24-60, Prohibited Acts, Item "J", be amended. He stated that the County Attorney's office advised Staff that on June 24, 1987, the use of alcoholic beverages at the Golden Gate Community Center must be discontinued. He said that the Golden Gate Community Center is termed under the definitions as a Community Park, and alco- holic beverages are prohibited in County Parks. Mr. O'Donnell advised the Golden Gate Advisory Committee held a special meeting on August 26th and requested that the County amend the Ordinance. He said that over the past 12 years groups have been allowed to serve alcoholic beverages for such functions as weddings, anniversary and holiday events. He noted that this has helped off-set the costs for the Community Center which is a Special Municipal Taxing District. Mr. O'Donnell stated that the Advisory Committee has indicated ~illingness to have the groups obtain liability insurance and will work with staff on structuring this amendment to the Ordinance. Commissioner Glass moved, seconded by Commissioner Pistor and carried unanimously, that the County Attorney's Office amend Article IV, Use of County Parks, Section 24-60, Prohibited Acts, Item "J". Page 34 - - - -- -_._- - -...-- . SEPTEMBER 15, 1987 *** RECESS AT 12:15 P.M. RECONVENED AT 1:15 P.M. *** Deputy Clerk Xenyon replaced Deputy Clerk Xueter Tape '7 Item t9B3 BID 87-1160 FOR A 1'87 DODGE RAIDER - AWARDED TO NAPLES DODGE IN THE MOUNT OP $11,800 Legal notice having been published in the Naples Daily News on August 20, 1987, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid #87-1160 for two four-wheel drive economy utility trucks until 2:30 P.M., September 2, 1987. Public Works Administrator Archibald stated that the Agriculture Department needs ð high clearance vehicle to prevent damage to the under carriage at it transits rough terrain. He noted that this vehiclr will become a vehicle of the motor pool. He reported that bid specifications were sent out and 3 bids were submitted for 1987 and upcoming 1988 model vehicles. He indicated that in looking at the bids, the best and lowest bid was from Naples Dodge in the amount of $11,800 for a 1987 Dodge Raider. He noted that he does not have a maint2nance record on this vehicle as the County has never purchased one, but from all reports that he has received there are good comments from ðn operating standpoint. He indicated that he is recommending that Bid 87-1160 for the 1987 Dodge Raid~ be awarded to Naples DodgÐ i~ the amount of $11,800. commissioner Glass moved, seconded by commissioner pi.tor and oarried 4/0, (commissioner saunders out of the room), that Bid !OaK 1071'A('1 464 Page 35 . aoft 107 !,.r·r 465 SEPTEMBER 15, 1987 '87-1160 for a 1987 Dodqe Raider be awarded to Naples Dodge in the amount of $11,800. xtem UB" RESOLUTION 87-212 AWARDING A CERTIPICATE OP PUBLIC CONVENIENCE AND NECESSITY TO ALERT NON-EMERGENCY TRANSPORT SERVICE - ADOPTED Public Works Administrator Archibald said that this is a request to approve a resolution awarding a Certificate of Public Convenience and Necessity to Alert Non-Eme~gency Transport Service for vans. He noted that the PVAC reviewed and approved this application and staff is recommending apprcval. Commissioner Goodnight moved, seconded by Commissioner Pis tor and carried unanimously, that Resolution 87-212 awardinq a Certifioate of Public Convenience and Necessity to Alert Non-Emerqency Transport Servioe be adopted. . . Page 36 - - - "."'....~~~.,""---,-_......."'--"-~~.__._.,,,_.-.......,_.,---,--~.......... -"'--'""<1' .,....."" --.-', ,.,_..., Mo' "___"""'__"""""_M.o;;__ SEPTEMBER 15, 1987 It_ I9B5 FLEET MANAGEMENT GASOLINE SERVICE CHARGE INCREASED FROM THREE CENTS TO FIVE CENTS PER GALLON EFFECTIVE OCTOBER 1, 1987 - APPROVED Public Works Administrator Archibald stated that this is a recom- mendation to increasc thc gasoline service charge for East Naples, Immoka1ee and the County Barn facilities. He noted that this surcharge is used to pay for a maintenance contract for the fuel sentry system, tank and pump maintenance, fuel keys, DER tank registration, fuel system upgrades, an~ protection measures such as monitoring wells mandated by FDER and EPA. He noted that the County receives a 6¢ gallon rebate from the State and fu~l purchased from County resources is at least 13¢ less than if it were purchased from ð commercial vendor. He stated that the range of fuel prices is betwee~ $.67 end $.69 per gallon and all County agencies are budgeting $.85 per gallon. Commissioner pistor moved, seconded by Commissioner saunders and carried unanimously, that the fleet management gasoline service charge be increased from three cents to five cents ver gallon effective Ootober 1, 1987. Item f9C1 BID 87-1128 FOR TWO GANG MOWERS AWARDED TO DEBRA TRACTORS IN THE AMOUNT OF $4,211.22 EACH AND FOR TWO TRACTORS AWARDED TO NEFF MACHINERY IN THE AMOUNT OF $9,095.55 EACH Legal notice having been published in the Naples Daily News on June 29, 1987, as evidenced by Affidavit of Publication filed with the Page 37 InK 1m Ð(;! 468 . ' 107 nr.! 4.69 SEPTEMBER 15, 1987 Clerk, bids were received for Bid #87-1128 for two gang mowers and two tractors until 2:30 P.M., July 15, 1987. Public Services Administrator O'Donnell stated that this is a bid for tractors and gang mowers for community park maintenance in the amount of $26,613.54. He indicated that sealed bids were opened on July 15, 1987, and invitðtions to bid were submitted to 20 vendors. He noted that a total of 6 vendors responded. He reported that this was reviewed by the Parks and Recreation Advisory Board and staff and it is being recommended that the t~o gang mowers be awarded to DcBra Tractors and the two tractors be awarded to Neff Machinery. Commissioner Pistor questioned the difference in the bids, to which Mr. O'Donnell stated that DeBra Tractor did not include attach- ments, front end loads and back blades in their base bid, which is why it is being recommended that Neff Machinery be awarded the bid for two tractors. He indicated that the gang mowers and the tractors were two separate bids. commissioner Goodnight moved, seconded by Commissioner Glass anð oarried unanimously, that Bið 87-1128 for two gang mowers awardeð to D\Bra Tractors in tbe amount of $4,211.22 each for a total prioe of $8,422.44 anð for two tractors awarðeð to Neff Machinery in the amount of $9,095.55 for a total price of $18,191.10. Item f9C4 CHANGE ORDER '6 FOR THE PARKS AND RECREATION ADMINISTRATIVE OFFICE BUILDING IN THE AMOUNT OF $3,323.00 - CONTINUED FOR ONE WEEK Public Services Administrator O'Donnell stated that this Change Order is for the administrative office building and is the last change .J; Page 38 .. - - .-------" SEPTEMBER 15, 1987 order that will cover ceiling fans, electrical outlet, door, toilet partitions, sod to the temporary walkway, and painting of interior striping. He noted that the original budget was set at $300,000 and during the course of the construction, the building was expanded. He noted that the total cost, including this Change Order will be $255,000 which is still under budget. Commissioner Pistor stated that the $2,000 for the toilet par- tition should have been included in the original bid as they are a requirement. Public Services Administrator O'Donnell stated that when the bid was let, it was done for only the bare essentials and depending on the monies available, certain items would be handled by change orders. He stated that basically the bid was for the shell of the building. County Manager Dorrill stated that the code still has to be adhered to and he would like to look into this matter and report back to the Board in a week in regards to whether this should have been included in the original bid or not. Item f9C3 BAST NAPLES BRANCH LIBRARY CONSTRUCTION PROJECT EXEMPT FROM THE RBQUIREKBNT TO ADVERTISE POR PROPESSIO~A~ARCHITECTURAL DESIGN AND ENGINEERING; ARCHITECTURAL CONTRACT WITH FRIEDMAN-MCKENNA ARCHITECTURE FOR LIBRARY SERVICES AND CONSTRUCTION ACT, TITLE II, CONSTRUCTION GRANT - APPROVED SUBJECT TO APPROVAL OF COUNTY ATTORNEY Public Services Administrator O'Donnell stated that this is a request for the Library Department to submit a grant for constructio~, adding that he is recommending approval of a contract agreement with &Q1)K 1m f.t'.! 470 Page 39 . 1m 107 fn 471 SEPTEMBER l5, 1987 Friedman-McKenna who designed the Marco Island Library. He noted that the Library Services Construction Grant Act Title II specifieš that grants may be awarded to headquarters and to branch libraries. He stated that the Library Director submitted an intent to apply in August, 1986, adding that the deadline for submittal is September 30, 1987 and it requires a set of construction drawings and outline speci- fications. He stated that based on the estimated cost of the project which is in excess of $400,000; the maximum amount of the grant could be applied for which is $200,000. He stated that in the past, the County has received a grant for the Immokalee Branch and the Golden Gate Branch. He indicated that the only way that they can meet the State mandated deadline of September 30, 1987, is to modify the existing present library plans for Marco Island with the existing ~rchitect and submit them for the East Naples project. He noted that the purchasing policy allows the Board of County Commissioners to waive the competitive bidding policy due to an emergency and it was felt that it would be appropriate to apply for this grant. He stated that the Public Works staff has negotiated with the current architect for $25,000. He indicated that predicated upon the design cost for the Marco Island project, the $25,000 would represent 5.3% of the total cost of the project, which is very reasonable, and he is recom- mending approval of this request. Commissioner Glass questioned if in August, 1986, an intent to apply was filed, why it took over a year for this application to be Page 40 - - - - - - SEPTEMBER 15, 1987 returned? Library Director Demarest stated that the grant application was received less than 11 weeks ago and the application deadline was stipulated as September 30, 1987. He noted that a full set of archi- tecturel plans has to be provided to Tallahassee. County Manager Dorrill stated that the State increased or moved up its deðdline of an intent to apply and the application WðS not received in order to apply until 11 weeks a9~. He noted that they simply held the applications in Tallahassee. County Attorney Cuyler stated that he asked that this be put on the regular agenda to discuss what the emergency is and if the Board of County Commissioners wants to follow the recommendation of Staff, they need to certify that a valid public emergency does exist. He noted that he has researched the matter and there is an exemption in the Statutes for this type of situation. He noted that he has not seen this contract and if the Board approves this, he would like it subject to review and approval of the contract by the County Attorney. Commissioner Saunders moved, seconded by Commissioner Pistor and oarried unanimously, that it has been found that an emergency exists and the oompetitive bidding be waived; that the contract with priedman-Ho~enna Architecture tor modifioation and reuse of architec- tUral plans suffioient for the Library Services and Construotion Act, Title II construction grant application purposes for the East Naples Branch Library be approved and the Chairman be authorized to sign said arohitectural contract upon review and approval by the County Attorney. Pðge 41 aaa~ 107 ~r;! 472 . '''~i ;ì tOOK 107 PAr.: 4.73 SEPTEMBER 15, 1987 Item t9Dl KORMAL BIDDING WAIVED AND CONTRACT WITH INSITUFORM SOUTHEAST, 'INC. FOR NECESSARY REPAIR OF AN 8" GRAVITY SEWER LINE IN PALM RIVER ESTATES _ APPROVBD Utilities Administrator Crandall stated that this item is to make an emergency repair on an 8" sewer main that is collapsing in the Palm River Subdivision. He stated that because of the depth, normal construction techniques are not recommended. He indicated that a new technique will be used which will prevent the lost of excess road, adding that a material is inserted in the pipe that creates a liner without excavating. He noted that the liner is about 2/10 of an inch thick and is made of fiberglass that is impregnated with polymers' and when treated with hot water expands and then hardens and becomes part of the pipe. He noted that this technique has been used for about 8 years and he knows of no failures, adding that the City of Naples used it on their first job three years ago and there has not been a failure yet. He noted that it is a unique process and only one manufacturer does this, adding that he is requesting that the normal bid process be waived and the contract be awarded to Insituform Southeast, Inc. Mr. John Keschl questioned what caused the pipe to break and how deep is it in the ground, to which Mr. Crandall stated that these pipes are very brittle and when the earth settles, they settle and some of them break. He noted that these pipes were laid about 10 years ago. Commissioner Saunders moved, seconded by Commissioner Glass and paqe 42 .. - SEPTBMBBR 15, 1987 oarried unanimously, that the normal bidding process be waived and that the Utilities Division contract with Insituform Southeast, Inc. to make the necessary emergency repairs on an 8" gravity sewer line in Palm River Subdivision. Item 19B1 ANNUAL BIDS 11130 THROUGH 11143 AWARDED TO VARIOUS VENDORS FOR 87/88 Legal notices having been published in the Naples Daily News on July 15, 1987, and July 20, 1987, as evidenced by Affidavits of Publication filed with the Clerk, bids were received for annual bids until 2:30 P.M., August 12, 1987. Purchasing Director Carnell stated that this is to award a number of annual bids for a number of commodities and services that the County procures on an annual basis. Public Works Administrator Archibald stated that Bid #1142 has to do with with the annual contract to provide hot mix asphalt, lay the material, roll it, and pack it. He noted that the County has been dealing with three firms over the past 10 years. He noted that of the two bids received, staff is recommenqing that it be awarded to the low bidder, APAC. He noted that both firms had competitive prices that meet the standards. Commissioner Glass indicated that APAC is doing Airport Road and questioned how far behind they are, to which Public Works Administrator Archibald replied a few months. Mr. Archibald stated that two out of their three jobs are on schedule and their history and SOOK 1071'.\(.: 474 Page 43 . SEPTEMBER 15. 1987 track record with the County is good. Commissioner Hasse questioned if Better Roads had any contracts at this time, to which Public Works Administrator Archibald stated that they are only doing small jobs like turn lanes, but no major jobs. Commissioner Saunders questioned if APAC was awarded the bid, would this have any impact on the Airport Road job? Mr. Archibald stated that ~h~y have different crews depending on what work is being done and the delay on Airport Road is due to the underground work and the subgrade and base work, but does not have anything to do with the asphalt paving crew. Commissioner Saunders questioned the dollars difference between APAC and Better Roads. Mr. Archibald indicated that there is a dif- ference of $.41 per ton. Mr. Archibald stated that APAC feels that they will be able to catch up and meet the deadline of November 1st. Mr. Joe Bonness of Better Roads stated that most bid specifica- tions that he has filled out indicate that if a contractor is behind schedule or delinquent, he would be disqualified from bidding. He . noted that it would not be in the best interest of the County to award this contract to APAC. In answer to Commissioner Hasse, Mr. Bonness indicated that the~{ have been behind schedule on projects beforc by a week or two, but most of their jobs are finished ahead of time and sometimes two months , ahead of time. Page 44 - - ~..."'-"'-_._"-_._.- SEPTEMBER 15, 1987 Commissioner ~lass stated that based on the bid sheets and the price difference of $.41 per ton he would recommend that Better Roads be awarded the annual contract and this may send a message to APAC that the County is not going to have their business held up. Commissioner Glass moved that Better Roads be awarded Bid '1142, for asphalt and related items. Mr. Archibald stated that the work could be awarded to both bid- ders and staff could be directed to use Better Roads until APAC is no longer delinquent. Commissioner Saunders st~ted that an alternative is to reject all bids and start over again. County Manager Dorrill stated that it could be considered if Better Roads could consider doing the job at the lower price. He noted that if more per ton is paid, then there will be less feet of roads paved because the budget is already fixed for next year. Mr. Bonness indicated that they would not change their bid at this time as it would not be appropriate. Commissioner Pistor stated that it is a lot of expense when these firms bid and he does not feel that they should have to go through that same process again, adding that the bids should be accepted and the work given to the people that can do it when it is needed. Mr. Archibald stated that with regards to the bid, APAC is the lower bidder on the per ton basis and Better Roads is the low bidder on the per square footage basis. He noted that the bid could be Page 4S aDaK 1m I'~r,r ,(76 . ,. 101 .,11".! 4. Tl SEPTEMBER 15, 1987 awarded to both bidders and then a bidder selected at the time that the work needs to be done, depending on whether it is done on a per square footage basis or a per ton basis. commissioner Glass withdrew his motion, and then moved to award the oontraot on a per ton basis to APAC and a per square footage basi. to Better Roads which was seconded by commissioner Saunders and oarried unanimously. commissioner Glass moved, secon1eð by commissioner Saunders and oarried unanimously, that the rest'of the annual contraots be awarded as indioated below: #87-1130 Thermoplastic & Painted Roadway Markings Awarded to Markings and Equipment, Inc. #87-1131 Traffic Signal Installation and Contractural Services Awarded ,to Mid Continent Electric, Inc. #87-1132 Sign Blanks and Posts Awarded to Municipal Supply and Sign Company GeorgÍ21 Pacific Epoxy Adhesive Kits #87-1133 Traffic Signal Poles (Concrete) Awarded to Mid-Continent Electric Company #87-1134 Traffic Signal Controllers, Cabinets and Components Awarded to Transportation Control, Traffic Control Components, Transyt Corporation and Control Specialist. " #87-1135 Aquatic Plant Chemicals Awardei to Asgrow Florida Company, Future Horizons, Inc. Southern Mill Creek Products, Inc., Coastal Fertilizer, J. L. B. International, Applied Biochemists, Inc. Helena Chemical Company. #87-1136 Helicopter Spray Service Harold f. Brown, Inc. #87-1137 Sod, Seed and Fertilizer Awarded to Producers Leco Fertilizer Corporation, Little Sprout, Haile Dean Seed Company, Duda and Sons. Page 46 - - - ,1¡ SEPTEMBER 15, 1987 '87-1138 Tools Awarded to Bill Watson ServiStar Hardware and Sears, Roebuck and Compnay. 187-1139 Electrical Services (Emergency) Awarded to Phelps Electric Company and Collier Electric Company. 187-1140 Portable Toilet Rental Awarded to J. C. Drainfield '87-1141 Freight for Hauling Clay Procurement consistent with V.E.3 of the Purchasing Policy Authorized. #87-1143 Metal Culvert Pipe Naples Culvert & coast~l Corrugated, Inc. Item UP1 UTILIZATION OP GOLDEN GATB PARK, SANTA BARBARA BLVD. POR COLLIER COUNTY SHERIPP'S OPPICB - POLICB DOG CERTIFICATION - APPROVED County Manager Dorrill stated that this request is to hold a pOlice dog certification at the Golden Gate Community Park on September 17, 1987. He noted that animals are not normally allowed in County parks but there will be a specific area set aside and provi- sions made for these dogs. Commissioner pistor moved, seoon4e4 by Çommissioner Saun4ers and oarrie4 unanimously, that the Golden Gate Park, Santa Barbara Blvd. be use4 for the Collier County Sheriff's office for the polioe Doq Certifioation program on September 17, 1987. Tape f8 Item f9P2 DISCUSSION ON BEACH PARKING - TO BE DISCUSSED DURING WORKSHOP SESSION County Manager Dorrill stated that he will discuss this item at the start of the workshop meeting that is to be held later this date with the City Council. .r BOOK 107 PAr.! 478 Page 47 . 101nr.:479 SEPTEMBER 15, 1987 Item 110A PAYMENT OF COSTS OF STEVEN W. BENSON AS IT RELATES TO CRIMINAL CASE NO. 85-778-CF-A-31-HDH - COSTS DENIED Assistant County Attorney Weigel stated that this item is a request for the Board of County Commissioners to consider a request for payment of cost of Steven W. Benson which were incurred during the criminal prosecution of Case #85-778-CF-A-31-HDH. He indicated that the County has responsibility under Florida Statutes to pay for cer- tain cost incurred by defendents io the criminal process and one of those obligations occurs when the defendant has been declared by the court to be indigent. He stated that in this matter, a motion for determination of indigency was before the Circuit Court and on December 4, 1985, the court issued an order declaring Steven Benson partially indigent and insolvent and stated that reasonable cost in his defense should be taxed as cost against Collier County. He indi- cated-that the Statute providing for cost provides that when a defen- dant in any criminal case pending any Circuit or County Court or District Court of Appeals has been judged insolvent by the Circuit Jtdge or the Judge of the County Court, the cost allowed by law shall be paid by the County in which the crime was committed. He stated that on August 10, 1987, a letter was received requesting payment of the cost. He noted that the County Attorney's office had been in con- sultation with Attorney McDonnell, attorney for Steven Benson, sub- sequent to the original order of the Court. He indicated that on Page 48 - - - - - - SEPTEMBER 15, 1987 February 4, 1986, the court issued another order declaring that steven Benson was not indigent and is not indigent and rescinded its December 4, 1985, order. He stated that in the February 4, 1986, order the Court indicated that the County should be responsible for costs incurred by Steven Benson between the period of December 4, 1985, and January 13, 1986. He noted that there was a subsequent order on January 15, 1987, in which the court indicated that the cost that the defendant occurred during the window period should be paid by the County, but again indicated that the order of December 4, 1985, was rescinded. He noted that transcript of the Court proceeding pro- vided that for the County to pay cost to Steven Benson when he had received other monies would, in fact, be unfair to the County and the taxpayers, but nonetheless indicated that the County should make payment. He noted that pursuant to Statute 27.52, there may be a remedy as it indicates that when there has been a prior determination of indigency and such determination is overturned as being erroneous within a one year period, that the County having paid such costs, may in fact, sue through the State Attorney's office to have those costs returned. He noted that this is not åvailable to the County as they have never paid costs. He stated that it is his position that the Statutes and the case law provide that these costs are not reasonable, necessary legal and not allowed by law and it would not be just or correct for such payment to be made at this time. He indicated that there has been a lawsuit filed against Collier County in the name of ¡nit 1m f','.! 480 Page 49 'i \, f '\ , ,}\ ~. J I,' "j' i 107 ''''.1 4.81 SEPTEMBER IS, 1987 Michael McDonnell for the paymcnt of costs. lIe noted that the recom- mendation is that no cost be paid to Steven Benson or on beha rf of Steven Benson, therefore, he is requesting denial. Commissioner Saunders stated that he feels that it would be inappropriate for the Board of County Commissioners to make any payment. commissioner Saunders moved, secondeð by commissioner Pi. tor and oarried unanimously, that th~ request for payment of costs in the Steven Benson case be denied. Item '1lA BUDGET AMENDMENTS 87-449/450 and 87-453/458 - ADOPTED commissioner Goodnight moved, seconded by Commissioner pis tor and oarried unanimously, that Budget Amendments 87-449/450 and 87-453/458 be adopted. Item f12A OUT OF COUNTY TRAVEL FOR FAC MEETINGS FOR FY 1987-88 - APPROVED Administrative Assi3tant to the Board Israelson stated that this request results from discussion that occurred during the budget workshop meetings. She noted that at that time, there were discussions regarding approval of FAC and NACO meetings for the entire year. She indicated that she has a schedule of the future meetings and there is $14,000 in the budget for next year. Commissioner Saunders indicated that he has no problem with the FAC meetings but he does have a problem with travel to California or Page 50 - - - - - - SEPTEMBER 15, 1987 Washington with the Commission approving that on a case-by-case basis. Commissioner Saunders moved to approve the FAC meetings but to have the NACO meetings approved on a case-by-case basis. Commissioner Goodnight stated that this presents a problem if the national meetings have to be approved on a case-by-case basis, adding that if a person is elected to serve as a chairman on any of the committees, they should know at the time of taking the office if they are allowed to attend those meetings, otherwise, one should not accept a position on these committees. Commissioner Saunders stated that the problem is that there are five commissioners and two meetings outside the State and if all five commissioners attend these meetings, there will not be enough money in the budget, which is why this should be done on a case by case basis. He noted that a commissioner simply has to come back before the rest of the Commission and ask for approval to travel to such a meeting and it will be known at that time, how much money is left in the budget. He indicated that this does not prohibit anyone from taking a position on any committee. Commissioner Glass seconded the motion on the floor, which carried unanimously. Item U2B RESOLUTION 87-214 APPOINTING RICHARD GRANT AND C. WILLIAM NORMAN TO THB CCPC CITIZENS' ADVISORY COMMITTEE - ADOPTED Administrative Assistant to the Board Israelson stated that let- ters ðnd phone calls were received from 17 individuals and the pðge 51 ,gal< 107 ,,~q 4.82 \,,~ .., 107 PA(;¡ 483 SEPTEMBER 15, 1987 Planning Commission has recommended that C. William Norman and Richard Grant be appointed to fill the vacancies of Mr. Robert Zimmerman and Mr. Lyle Richardson. Commissioner pistor moved, seconded by Commissioner Saunders and oarried unanimously, that Resolution S7-214 appointing Richard Grant and C. william Norman to the CCPC citizens' Advisory committee be adopted. ".. . pr;:. page S2 r·' ,- - - - ~" lOOK 107 p~q 485 SEPTEMBER 15, 1987 Item f12C POSTPONEMENT OF REFERENDUM POR ONE-CENT LOCAL OPTION SALES TA,Z UNTIL MARCH, 1988 - DENIED Commissioner Saunders stated that he asked that this item be put on the agenda because he has spoken to a lot of people that are in opposition to the referendum and also to people that are in support of it. He noted that he has tried to get a feeling from these people if the referendum would be successful in October, adding that he is getting the feeling that it is unlikely that the voters are gOing to approve this tax on October 27, 1987. He noted that there is a lot of complication as to what is happening at the State level with sales taxes on services and even though they are not related, they seem to have a lot in common as far as voters are concerned. He indicated that the public needs more time and staff needs more time to provide adequate information to the community as to why this tax is needed. He noted that staff has made a good effort but he does not feel that it will be possible to conclude this referendum between now and October 27, 1987. He stated that the public needs to know what pro- jects are going to be funded with those revenues, adding that the list o! projects that has been reviewed by the Citizens Advisory Committee is not one that has been formalized by the Board and that nothing is going to be forwarded to the State for another year. He indicated that he recognizes that this is a very important tax, but he is also concerned that if it does not pass, it cannot be brought back up for a Page 53 -. - - - ,. ~.. , SEPTEMBER 15, 1987 number of years, adding that it is his feeling that it would be wise to delay this until the March 8, 1988, presidential primary so that the public can be more appropriately educated and the projects can be defined as to which ones will be funded and there will be more oppor- tunity to solicit support from various groups. Commissioner Pistor stated that he has spoken with a number of people and there seems to be a lot of support for this tax. He noted that people know what is necessary and what is needed. He stated that if the half-cent sales tax is repealed, the County will lose $530,000.' He stated that he feels that the Board has to go ahead with this referendum, adding that they cannot wait another year and a half for money to start coming in to satisfy the capital improvements that are already behind. Commissioner Glass stated that he has given numerous presentations regarding the tax and he has had favorable response. He questioned if this were delayed until March and it passes, does the County have the right to issue tax anticipation notes? County Manager Dorrill stated that interim debt can be issued and this would be eligible for that, adding that he does not know what type of debt would be incurred at the prevailing interest rate. Commissioner Goodnight stated that there is already a $15 million deficit in Parks and Recreation at this time and by 1989 if the Parks and Recreation is not brought up to the service level of standards, there will not be anymore "CO's" issued. Page 54 8aal( 107 fA'.! 486 aOft 1m p~r.t 487 SEPTEMBER 15, 1987 Commissioner Saunders stated that what is being approved in the next week is a tentative list that the BCC will have one year to review prior to submittal to the State. He noted that if this list and levels of service are approved, then the State law mandates that those levels of service be funded, but there is nothing in the State law that says Level of Service "C" has to be established on all the highways or that there has to be one book per capita in the libraries. He noted that these are levels of service that the Board of County Commissioners can establish, adding that levels of service should be established that can be funded. He noted that if these levels of ser- vice a~e above what can be funded then there is a problem with the Development Orders because of action by the State. He noted that the Board has to determine what the community is willing to pay for in terms of levels of service and other available sources of revenues such as impact fees have to be evaluated. He noted that what is being approved in the next week is not a fixed list and cannot be a fixed list. Growth Management Director Fitzpatrick stated that next week she . will be bringing a resolution b~fore the Board seeking approval of the draft Capital Improvement Element in order to meet the contract compliance with the DCA, to provide guidance for the service standarda to develop the other elements of the plan which must be completed by next spring and to provide budget guidance. Commissioner Glass questioned what is the significance of the July Page 55 SEPTEMBER 15, 1987, 31, 1989, date? Mrs. Fitzpatrick stated that is the date that the County must implement the adopted comprehensive plan, and one question that she has is at what point must the County take care of their existing deficiencies? Commissioner Saunders stated that the County Commission has to define what the deficiencies are by establishing levels of service, adding that if the Board establishes a level of service then they have to live with that until the amendment process but the key point is that the Board is going to determine up front what the deficiency is. Commissioner Pistor stated that the law indicates that the State has the right to withhold the gas tax, the sales tax and the revenue sharing from the counties if the levels of services are not met. Mrs. Fitzpatrick stated that it is her understanding that the withholding of revenues is associated with developing the plan itself and submitting that plan that is found to be in cqmpliance with the law, but the contents of the law which are the service standards are up to the local governing authority. Commissioner Saunders stated that the cutoff of State funds occurs if the County does not meet State deadlines to file an appropriate comprehensive plan, but once the plan is filed and accep- table, then if the County fails to meet· the levels of service, no more building permits can be issued. He stated that his concern is whether the sales tax passes, adding that the sales tax is needed to fund the capital improvement elements. He indicated that his feelings are that BODK 107 PAr,: 488 Page 56 SEPTEMBER 15, 1987 the average typical voter does not understand what is being done and there is not enough time to meet with those voters. He noted that the tendency is to vote against increased taxes if the voter does·not understand the issue. Commissioner Goodnight stated that if the Board does not go along with the recommendations of the CAC, then the last two years that they have been working has been for nothing. Commissioner Goodnight stated that if everyone gets out and par- ticipates this issue could be passed, but it takes everyone to help and support it. '.repe f9 Commissioner Saunders indicated that if this tax does not paso, it will mean a 50% increase in ad valorem taxes because of the levels of service to be met. Commissioner Pistor indicated that if there is a pessimistic view, then the $3 million that was taken out of the budget should be put back in. commissioner Saunders moved, seconded by commissioner Glass, to consider delaying the tax referendum until the March 8, 1988, pres i- dpntial primary. The following people spoke in favor of pursuing this increase in the sales tax in October, 1987: Mr. John Keschl Bettie Gulacsik, League of Women Voters Mr. George Keller stated that there is no opposition that he is aware of, but there are a lot of questions as to what the money will Page 57 f - - - SEPTEMBER 15, 1987 be used for, the amount that the City of Naples will receive and why they are receiving money for growth uhen they are almost built out. He noted that these are a few questions that have come up and this whol~ matter has not been thought out. He stated that this should be put off until March and the question for the referendum rewritten and then the entire issue should be promoted. County Manager Dorrill stated that in terms of waiting as it rela- tes to growth management w~ll not make it any easier, adding that serious decisions are going '·0 have to be made as early as next Tuesday. He noted that the ~lan can be revised annually, but revi- sions and making initial decisions are two things that the Commission is going to have to do. He stated that he thought this issue was resolved three weeks ago when staff was directed to put the question on the ballot. He noted that if this is put off,until March, the County has forfeited $l2 million for next year, adding that the money can be borrowed but a penalty will have to be paid to borrow that money. He noted that the reason for putting this question on the ballot in October is so that the money could be collected in January, 1988. He indicated that in the last three weeks, staff has prepared a draft brochure that will be mailed to every registered voter in the County, there has been a request for 3,000 absentee ballots, a permit has been obtained for a bulk rate mailing, benefits for the County as well as the two cities have been outlin~d, a letter has been drafted and sent to people that are requesting additional information, several aOOK 107 ,,~<;! 490 Page 58 if; ¡ 1m nr·t ~9i SEPTEMBER IS, 1987 hundred copies have been made of a brochure that explains the sales tax and its association with growth management, and a committee ha3 been formed to try and raisr. at least $20,000 to promote the sales tax issue. Supervisor of Elections Morgan stated that the ballot cards are in hand and the ballot pages ar~ to be delivered this date. She stated that since she spoke with County Manager Dorrill, there is now a total of 4,500 absentee ballot requests and they are printed and will be mailed on Monday if the County proceeds with this. Commissioner Glass withdrew his seoond, and Commissioner Hasse .econded the motion. upon call for the question, the motion failed, (1/4, Commissioners Glass, Goodniqht, pistor, and Hasse opposed). :Item 113A APPROPRIATION OF $2,744 FROM THE LAW ENFORCEMENT CONFISCATION TRUST FUND FOR THE PROCUREMENT OF SPECIALIZED EQUIPMENT - APPROVED commissioner Glass moved, seconded by Commissioner Goodnight and oarried unanimously, that the appropriation of $2,744 from the Law Bnforcement Confiscation Trust Fund for the procurement of specialized equipment be approved. . *** The following items were pproved and/or adopted under the Consent Agenda upon motion made by cc~issioner Goodnight, seconded by Commissioner pistor and carried unanimously: *** Ztem 114B3 TRANSPORTATION DEPARTMENT TO ADVERTISE FOR PROPOSALS AND SHORT LIST RESPONDING FIRMS TO PROVIDE ENGINEERING DESIGN AND BID DOCUMENTS FOR VANDERBILT BEACH ROAD EXTENSION AND GOODLETTE-FRANK ROAD EXTENSION Page 59 " - - - - .. - SEPTEMBER 15, 1987 Item '14B4 CONSTRUCTION AND MAINTENAN~ß AGREEMENT OF SUBDIVISION IMPROVEMENTS RE PINAL PLAT OF CITRUS GARD!Nß, UNIT 1 - SUBJECT TO STIPULATION 1. Final plat not to be recorded until the required improvements have been constructed and accepted or until approved security is received and Chairman is authorized to execute the Construction and Maintenance Agreement of Subdivision Improvements. See Pages SO I - So.3 xtem '14B5 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS RE · FINAL PLAT 01' TRACK "K", THE VINEYARDS, UNIT 1 P'OR RECORDING - SUBJECT TO STIPULATION 1. That the amended Letter of Credit for the subdivision improve- ments be received and the Chairman be authorized to execute the Construction ðnd Maintenance Agreement of Subdivision Improvements. See Pages ...sO if - ..5"0 7 xtem '14C2 CHAIRMAN AUTHORIZED TO SIGN THB APPLICATION FOR POR PISCAL YEAR 1988 IN ANTICIPATION 01' $73,000 See Pages _I)() J?-..,5"o 9 STATB AID TO LIBRARIES IN REVENUE Item tl4Dl ACCEPTANCE 01' CORRECTIVE SEWER FACILITIES CONVEYANCE DOCUMENTS FOR PELICAN RIDGE PHASE I FOR RECORDING See Pages O.R. Book 1295. Paqes 1417-1458 Item U4D2 ACCBPTANCB 01' ON-SITB WATER FACILITIES AT WILDWOOD LAltBS PHASB X - SUBJBCT TO STIPULATXONS 1. That all legal documents are found to be legally sufficient by the County Attorney. 2. That a Certificate of Occupancy not be issued for structures within the project limits requirTñ9 sewer service until the on-site sanitary sewer facilities to service the project have Page 60 lOa( 107 PAr;[ 492 , l07I'Ar.f ~93 SEPTEMBER 15, 1987 been dedicated and accepted by the Board of County Commissioners and a satisfactory source for sewage treatment and disposal is available to serve the project. . See Pagcs O.R. Book 1295, Pages 1459-1483 Item '14El REPORT ON THE OUTCOME OF THE RECENT AUCTION See Pages $/0 - Sf? Item U4B2 RESOLUTION 87-213 APPRO~NG THE 1987-88 PAY PLAN See Pages .... ~ /'1.... S.3 0 Item '14Gl CBRTIFICATES OF CORRECTION TO TØE TAX ROLL 1985 TAX ROLL 243 8/31/87 1986 TAX ROLL 213 8/31/87 Item '14G2 SATISFACTION OF LIBNS FOR SERVICES OF THE PUBLIC DEFENDER See Pages S-B/- ...~..39 . Item tl4G MISCELLANEOUS CORRESPONDENCE FIL~D AND/OR REFERRED There being no objection, the Chair directed that the following correspondence bc filcd and/or referred to thc various departments as indicated below: hi v· ('.c: , ,'\: ,;~ , ¡- ," . I Page 61 - - - -"",-~'- SEPTEMBER 15, 1987 1. Letter dated 09/02/87 from Douglas L. Fry, Environmental Manager, DER, enclosing a short form application (File No. 111388575) which involves dredge and fill activities. Referred to Neil Dorrill (letter), David Pettrow, Dr. Proffitt and filed. 2. Letter dated 09/01/87 from Douglas L. Fry, Environmental Manager, DER, enclosing short form application (File No. 111388005) which involves dredge and fill activities. Referred to Neil Dorrill (letter), David Pettrow, Dr. Proffitt and filed. Letter dated 09/01/87 from Philip A. Barbaccia, Environmental Supervisor, DER, enclosing the signed and entered Consent Order to resolve Case: Collier County - DF OGC 87-0293. (Clam Pass) Referred to Neil Dorrill, David Pettrow, Dr. Proffitt, Kevin O'Donnell and filed. 3. 4. Public Notice received 08/31/87 from DNR advising of public meeting concerning beach access on 09/14/87 at 10:00 at Daytona Beach Community College, and attaching tentative agenda. Referred to BCC, Neil Dorrill and filed. S. Received 09/03/87 from FL Advisory Council on Intergovernmental Relations, Salaries of County Constitutional Officers, County Fiscal year 1987/88. Referred to BCC, Jim Giles, Lari Zalka and filed. 6. Copy of Letter dated 08/19/8í to Sheriff Rogers, from Mr. Richard L. Dugger, Secretary, Mr. Percy R. Folsom, Architectural Engineering Administrator and Mr. E. Russell Smith, Correctional Officer Inspector Supervisor, FL Dept. of Corrections, regarding Double Bunking Certification - Collier County Justice Center., Referred to BCC. 7. Letter dated 09/01/87 to All' Concerned, from Senator Fred R. Dudley, Florida Senate, regarding East Naples Fire Control District, advising of public hearing 09/10/87. Referred to Neil Dorrill and filed. 8. Resolution received 08/31/87 from Golden Gate Fire Control & Rescue District, urging BCC to make available at least $1,053 from the EMS Trust Fund to purchase supplies. Referred to Neil Dorrill, Kevin O'Donnell, Doug Greenfield and filed. 9. Letter received 08/31/87 from Governor's Energy Office, Office of the Governor, regarding Technical Assistance Grants to Local and Regional Governments [or Sold Waste Feasibility Studies. Referred to BCC, Neil Dorrill, Tom Crandall, Bob ~ahey and filed. Page 62 &1JDK 1m w,! 19( . ___,_...__...·_"~·,___'"",=""",~',.,,,·..,....".'.^M;-."·~'..,,.~",,~_._,.'''~",.,,~....~.. 107 "A"! 495 SEPTEMBER IS, 1987 10. Letter dated 09/02/87 from Dr. Jane Polkowski and Roger Evans, HRS, attaching CPHU Quarterly Report. Referred to Kevin O'Donnell and filed. 11. Letter dated 09/01/87 from Robert L. JOhnson, Director, Child Support Enforcement, HRS, attaching Warrant #0356285 and detailed Incentive Statement regarding child support collec- tions. Referred to Neil Dorrill, Jim Giles, John Yonkosky (check) and filed. 12. Letter dated 08/31/87 from Charles W. Flynn, Kopplow & Flynn, advising that he represents Sandra Jean Beasley, Individually and as Pê~~onal Representative of the Estate of James M. Beasley, deceased, for damages arising out of accident which occurred on 6/25/86, File No. 86-212. Referred to Ken Cuyler, Sherry Rynders, Sheriff Rogers and filed. . 13. Minutes: 08/11/87 - Golden Gate Parkway Beautification Advisory Comm. 09/02/87 - Building Board of hdjustments and Appeals 14. Notice dated 09/0l/87 from Ro~ Cassell, Credit Manager, Agent for Olsen Precast, Inc., informing that precast concrete structures and related materials were furnished for the improvement of Airport Road, under an order given by Zep Construction. Referred to Neil Dorrill, George Archibald and filed. Notice dated 09/01/87 from Kathy Gallagher that B & I Contractors, Inc., is furnishing HVAC for improvements to Collier County Government Center, Building "C", Tax Collector's Office, under an order given by J. R. Zanotti Construction, Inc. on 07/29/87. Referred to Ken Cuyler, Neil Dorrill, Facilities Management and filed. 15. 16. Cancellation Notice dated 09/04/87 from Ohio Casualty Insurance Company regarding Bond No. 2-398-643, Dated 10/01/86, Amount, $100,000; Principal, BCC; Description, 3-D Fidelity Bond. Referred to Neil Dorrill, Sherry Rynders and filed. 17. Copy of Letter dated 09/03/87 to the Department of Insurance from John F. Sackrider, Jr., advising that he has suffered damages as a result of an accident involving a Collier County School Bus. Referred to Neil Dorrill, Ken Cuyler, Sherry Rynders and filed. Page 63' - .. - .1>4_"''''''''''__''' SEPTEMBER 15, 1987 18. Letter dated 07/07/87 from Wayne E. Daltry, Executive Director, Southwest Florida Regional Planning Council, enclosing the final draft of the SWFRPC Comprehensive Policy Plan, adopted by the SWFRPC on May 21, 1987. Referred to BCC and filed. 19. Order received 09/04/87 from Twentieth Judicial Circuit Court, regarding State of Florida, vs. Donald L. Goard, Case No. 83-00805TM. Filed. Item t14Bl ADMINISTRATIVE ASSISTANT ISRABLSON TO ATTEND THB FLORIDA ASSOCIATION or COUNTIBS PALL CONFBRENCE AS A PULL PARTICIPANT *** RECESS AT 3:05 P.M. RECONVENED AT 4:15 P.M. *** A Workshop with the City of Naples W:',S held during this recess to discuss beach parking facilities and maintenance. Item t9D2 PRBSERTATION BY ENGINEBRING FIRMS FOR PRBPARATION OF THE NORTB COUNTY SEWER MASTER PLAN - HOLE, MONTES, INC. CHOSEN FOR NEGOTIATION PROCESS Utilities Coordinator Laverty statad that three firms have been short listed for the North County Sewer Master Plan. He stated Staff is requesting the Board to rank the firms and authorize Staff to begin negotiations. He stated the three top-ranked firms are: a. Camp, Dresser, & McKee in,association with Agnoli, Barber & Brundage, I~c. b. Consoer, Townsend & Associates c. Hole, Montes & Associates~ '!nc. Chairman Hasse requested the firms to limit their presentations to 20 minutes each. Camp, Dresser, MCXee/Agnoli, Barber' Brundage, Inc.: lOOK 107 PA'.! 49f> Page 64 j ì' .; ¡ P'..~.." '~'O1)~ 101 P~Gí ~97 SEPTEMBER 15, 1987 Mr. Dan Brundage, of Agnoli, Barber & Brundage, Inc., distributed a presentation supplement and gave an outline of the Staff th&t will be assigned to the project; Robert Matthews, P.E., Officer in Charge; John Calise, P.E., Project Manager; and Dan Brundage, P.E., Deputy Project Manager. Mr. John Calise, P.E., stated there are volumes and volumes of existing data on this project and it is all very important and they plan on utilizing this data. He.stated there is nothing unusual about this project and they would like to bring their experience to Collier County. He said the most important i~sue is the effluent disposal and once this is planned, everything else falls in place. He then pre- sented the Board with a copy of "Guidelines [or Water Reuse". Mr. Bill McHie, P.E., Camp, Dresser, McKee, outlined several pro- jects that have been completed in Southwest, Florida, including ~anatee County, Sarasota County and Lee County. In answer to Chairman Hasse, Mr. McHie stated that Camp, Dresser & McKee has worked in the City of Naples, however, they have never worked with Agnoli, Barbcr & Brundage, as a team in Collier County. Mr. Rick Barber, P.E., stated that COM and ABB have a proven track . record and have been able to coordinate their efforts. He said he has personally worked in this area for the past 14 years and they have done private projects in Collier County. Responding to Commissioner Pistor, Mr. Barber stated they could begin work on this project immediately. Page 6S - .. - -"".,~~..""-~-~,-".~".".,,'".,-"~- SEPTEMBER 15, 1987 Consoer, Townsend' Associate.: Mr. Bill Townsend, of Consoer, Townsend & Associates, advised that the Staff assigned to this project will be: Stephen C. Betts, Principal in Charge; Kenneth A. Richards, Project Manager; and Robert Stolt, project Engin0er. Mr. Townsend stated their previous experience in Collier County aa design of the water treatment expansion. South Regional Wastewater Treatment Facility, involvement in the 201 Update, and appraisals of private utility companies for acquisition by Collier County. He stated they also designed the facilities and spray irrigation to the Imperial Golf Course and they are ver~ familiar with the area. Mr. Townsend stated his firm has completed all the work under~aken for Collier County and are ready to undertake another project. Mr. Stephen Betts advised that the most critical portion of this project is the effluent disposal since over the next 20 years of expansions the golf courses will not be able to handle all the effluent. He stated they have additional alternatives, such as indirect discharge into surface water~,dual water systems into resi- áential neighborhoods for irrigation, and deep well injection. He stated they have knowledge of the problem~ and they have worked on the system and could start the project immediately. Bole, Montes' Associates, Inc.: Mr. Stanley Hole, Chairman of the Board of Hole, Montes & 'Associates, Inc., stated that all three firms are qualified, however, Page 66 lOOK JLlJr.7PA~r~IJ~ . ~f~" ,,·,~",,__"__'",","_._4"''-_'"''''"_''''''''''''''_'___'>'''''''·~'__"·''''-·'_'·'''''m·'" lm'm~99 SEPTEMBER 15, 1987 Hole, Montes is the most qualified. He stated his firm has been deeply involved in this project since it began three years agd, and although this proposal is for wastewater, it must be tied to the Water Master Plan. Mr. Tom Taylor stressed the need for continuity of projects, stating that his firm developed the planning documents currently being used by the Planning Department in Collier County. He displayed a map .and outlined the projects in Cðllier County which have been undertaken by Hole, Montes. " Mr. ,Taylor stated there are several issues which must be addr~ssed in this plan: consolidation issue of the north and central regions; package plant phase out; treatment and disposal of materials; and sludge. Mr. Hole stated they will handle the entire project in house, and Mr. Missimer will handle any geology and groundwater concerns. He stated they could begin work on the project immediately. *** Utilities Division Assistant Administrator Arnold requested the Beard of County Commissioners to award points for each firm on their tabulation forms. After this was completed, Commissioner Pistor left the meeting (5:15 p.m.). After tabulating the points, Mr. Arnold stated that the firms had received the following rank: 1. Hole, Montes & Associates, Inc. 2. Consoer, Townsend & Ass~ciates Page 67 - - - SEPTEMBER 15, 1987 2. Camp, Dresser & McK~e in association with Agnoli, Barber & Brundage, Inc. Mr. Arnold stated that the firms of Consoer, Townsend & Associates and Camp, Dresser & McKee/Agnoli Barber & Brundage, Inc. received the same number of points. commissioner Goodnight moved, seoonðed by commissioner Glass and carried 4/0 (Commissioner Pistor absent), that the staff begin nego- tiations with the top-ranked firm of Hole, Montes , Assooiates, Ino. for preparation of the North county Sewer Master Plan. ...... There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:20 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL \:i ,'i';O - ,.()c. -- ~,' . ,..··...;'.i'héaeAfin~es ðpproved by the Board on "" .........2'"'._ a~( ~~~~'~nt.eð· ~ or as cor rected ~ £:/-'/'/ /' /' Page 68 IOK 107 fA'.! 500 · .,'., ) l ' . :1 .