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BCC Minutes 06/16/1987 R ,! , Naples, Florida, June 16, 1987 LET IT BE REMEMBEr.ED, that the Board of County Commissioners in V* ':: ~ '~r, ::' :; " . ~' . (-~ and for the County of collier, and álso acting as the Board of Zoning ~ppeals 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 REGUI~R SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, ,Jr. . , . , , VICE-CHAIRMAN: Arnold Lee Glass John A. pistor Bur t L, Sðundere '. ~ .. " .- Anne Goodnight I, ALSO PRESENT: Joe Warren, controller; Maureen Kenyon, Deputy Clerk; Neil D~rrill, County Manager¡ Tom Olliff, Assistant to the-~~~·~ County Manager; Ken Cuyler, County Attorney; ~like Arnold and John o Madajewski, utilities Department; George Archibald, Public Works Administratorf Kevin. O'Donnell, Public Services Administrator¡ David pettrow, Community Development Administrator; Barbara Cacchione, Planner; Jeff Perry, MPO Director; Ann McKim, planning/Zoning Director; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. I' I;:':'. Jf> ~t ¡,~ ~\;.~: ;.;~L j: i ',1\': L1->:,(, :'.{ì !." ~_ Jj.~, :;J:\~,!" },' 11:: :.1\, ::r:U '. : r: L~I ,~>r, l' ! I. . '" "r..!--:'C '."i. ,_lJ p~ge' 1 aODK 105 PAC.t 01 :1 \ ì, ' , \ .1., ~ ~ ;" I, .- "__,,__'",__'.m."'_........___'''''',..._-''...~__~'---',."';'''''''"'·· -'. ! ,> ¥,._.__""'""';~...o__., _."" JUNE 16, ~987 Tape f1 :ttem 13 AGENDA - APPROVED WITH CHANGES commissioner Goodnight moved, .éconded by commissioner Saunders ... and carried unanimously, that the àqenda be approved with the following changes: 1. Item 6C2, moved to 6Al - petitiort CP-87-lC 2. Item 9Fl added - re discussion of 6¢ sales tax referendum Item HUB I, KINUTES OF KAY 19 AND KAY 26, 19B7 REGULAR AND KAY. 2.~,...19.B7., !"P~C!A~ MEETING - APPROVED . commissioner pis tor moved, seconded by commis~ioner Glass and oarried unanimously, that the minutes of Kay 19 and Kay 26, ~987 ,-....O':-.f;Þ...; Regular meetings and Kay 29, 1987, Special meeting be approved as pre- ..nt.d. 0 Item f6A1 PETITION CP-87-1C, COMMUNITY DEVELOPMENT REQUESTING AMENDMENTS TO THE FUTURE LAND USE AND TRANSPORTATION ELEMENTS OF THE COKPREHENSIVE PLAN _ APPROVED. TO BE SUBMITTED TO DCA AND SWFRPC Legal notice having been published in the Naples Daily News on June 7, 1987, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition CP-87-lC, filed by Community Development Division, requesting amendments to the Future Land Use Element and Transportation Element of the Collier county Comprehensive Plan. planner Cacchione stated that the annual review cycle for proposed , \ I'j . .~ " pag~ ,2 aOOK 105~r:t 07 J'. ~\. . , ¡ , .- "~,,,,,...,,,..,~~--,,,";,,,,"""-'''''''-''"';'''."'~~'--'"''-''''''''"""'''''''.'~"~""-,,,".,,,",",,,;~",,,,, ,,,,,,,,,,~"'M""""""'-" '. I, l..j;- ~þ:¡, . ,.. ,;. Jo,:...:;rJ ;t.~~'~,~' -~¿ ~~' \': J 'j/it L·,;,~·(~., '. ._.~' ''''/'~~:\:i~ : _~r.'l' ""it,': . i ,.... ;:~~~:'~ ,r.,:: ~p'.;::~ ....,-..---'. 08 ! " i \ !', IL JUNE 16, 1987 amendments to the comprehensive plan began in January, 1987 and the amendments proposed this date, have been ini~iated by staff. She stated that no amendments were submitted from the public. She indi- cated that most of ' the items ere ciarifications or updated infor- mation, but there are some significant changes to the Land Use Element. She noted that a workshop was held by the CCPC on April 2, 1987, and ð public hearing was held on May 21, 1987. She stated that comments were received at both meetings from the CCPC, PARAB, members of the public and other county departments. She stated that the CCPC recommended approval of this petition unani.mously. She requested that the Board find that the CCPC held their public hearing and to authorize transmittal of the proposed amendment9 to the state Department of Community Affairs and to the Southwest Florida Regioñal planning council for their review.ð She noted that the Board shall state their intent to hold a second advertised public hearing after the state and ......~'t'''r-- : . 1_ Regionål agencies have reviewed the proposed amendment. She stated that this will take approximately 90 days and should be back for the finel- public hearing in late .September or early October. She indi- cated that a summary of the proposed amendments is found in Exhibit '1 ~nd the specific changes to the Future Land Use Element and the Transportation Element are contained in the Executive Summary. commissioner saunders moved, seconded ~Y commissioner Glass and carried unanimouslY, that the public hearing be closed. commissioner Saunders moved, seconded by commissioner Glass and .of , .' .' ' , . Page 3 ,.,) ,t -; j.;\ ~ - .... .....-.. ~.. _=-, --:.....- .....~ ~",.;.,þ""'"....'".'"'",.."'-"""'-'"";"','.._'"'.."',',".'''~'''' "'..~ ,-,-"""",..,,,,-,...,,.",,,,,,~,..-.,,«...~.,,,,~,,.--.,,-".,,..,,,...,.,, .'"'_.,-"""'~,,---"-"~.<. .{ : ,v'; :.:, ,,'c'" "';). " -, ~;~, ,', '~.', ;~.:~,:~;.',c;,,¡(. ;. :.~ )i"ì ...fft·I¡"':'~ ".:'~:;f~;*, ?~,Æft .",·,:,:t.¡.;o,.;,·~·, "",~¡ :·~.t::::'_~f!'· }f,":i': . 'i"'~ <"...".,~.{.".J . , " : ~r:~¡·1 :'j{: 3UNE 16, 1987 carried unanimously, that Petition CP-87-1C, be approved. commissioner Saunders moved, seconded by commissioner Glass and carried unanimously, that the amendments be transmitted to the state .' Department of community Affairà an4 the southwest Florida Reqiona1 planninq council for their review ah4 upon return, a second public hearinq will be held. Item f6C1 RESOLUTION 87-137 RE PETITION AV-81-005, WILSON, KILLER, BARTON, SOLL, , PEEK, INC. REQUESTING VACATION RE ~ORTIONS OF PARCELS OF THE REPLAT OF WYNDEMERE - ADOPTED Legal notice having been published in the Naples, Daily News on May '. . . 24 and May 3l, 1987, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition AV-87-00S filed by Wilson, Miller, Barton, SolI & Peek, Inc. requesting vacation o¡ portioné of Parcels GGl, GG3, CC, SS~9, SS-lO, and~Parcels AA, SŠ-6 and SS-7 of the replat otwyndemere Tra~ct Map, to , t',¡t.III.! ; .. .' .,..... allow petitioñer to replat. Public Works Administrator Archibald stated that this is to con- sider the vacation of a portion of a plat in the Wyndemere' Subdivision, adding that the section is located on the northwest por- tion of the development and includes 'approximately 16 acres of various parcels. He noted that the request to vacate the existing plat is to serve two purposes; one is to relocate the roadway which is part of the perimeter roadway system and approved as part of the master plan; and to establish lot lines for a platted development of single family , " . , , 'Page' 4 ~. 'r:, :; (! ':: .~ ~ ' i: ';'.. n- \ aOOK 105 ,,~.t: 09 .' .' .. ~ .... ,~~ f>" """" ..,._---'"~-,.~"""_._-----,......,,~'''''. ...___.c""""""."'._,..";,·..."".._....-··..""""'^""'....'"'o"'."'..""=.""',,....;'""""""''''''~'<~''''''''''"--'''''';~'-''"'''''"'''''''''''~' ,-_.'.,""~--'" ,oot 105 P1",t 10 JUNE 16, 1987 homes. He noted that the number of units will remain the same, adding that 65 units have been allocated for this portion of the property. He stated that staff has received letters of no objection from the utilities and both staff and the advisory boards have reviewed and approved this petition. He indicated that this vacation is also sub- ject to a consent agenda item for replatting the area being vacated and both the roadways and the drainøge systems within the subdivision are privately maintained and, therefore, there will be no cost to the County for this particular vacation. He reported that the original plat did not show lots, but the replat will show lots and as a result, they will be located further away ftom the property boundary closer to .~ cthe.golf course. In ..answer to Commissioner Pist~, Mr. Archibafld stated that$.· the' new alignment of the perimeter road will follow the original outline ~~/~~ but there will be a cul-de-sac, which hè indicated on an overhead map. . He stated that because of the cul-de-sac not conforming to the Sub- division Regul~tions, he is requiring ~s part of the replat an, emergency access easement so that there will be a connection between the perimeter road and the cul-de-sac. He stated that the properties that are adjacent to the area as reþlatted will be part of the golf course. In answer to Commissioner Hasse, Mr. Archibald stated that after vacating the parcels, they will rèplat it and when they replåt the area they will establish lot lines ðnd in doing this, they will~ake ,", .\.: f. i.~..:':, :'¡ ~ H; ";";"1 Page 5 1:.:.11 Tf\ To\U\ '- , Jo- - .~-~- ........ .......... _"",w_~c_,_,...-'''''''--'' ....-...,__,.,",.-,,'._,..c-,'^'_"""".~"","_.-.__""""',..."~""~ ",,,,,._,--",",,,,,, ,",,""'"" . .- ~".,,'",',.~,-.,'~-,.--_.,. -.' .., ~ ~. j ~."...' ;._. '\' .... t r ~"I }"'¡ ."'..--" ,._."",-~.....' , ' ..,~(~" '\....."...,.~ ....., ~:..:.. -.- \\ :',- ~" (,. , '\ '~. ",'" :' ....\... ........., ',,) " \- ',', '. '-, .. I,"· -'1 ",;'~~'~:. : '. ~E..16, 1987 'th~'provision for the ~ccess connection which is a ~tipulation that has been placed upon the petitioner. , " ~.:: ¡.' .. commissioner Glass moved, seoonded by Commissioner saunders and carried unanimously, that the pUblio hearinq be closed. commissioner Glass moved, seconded by commissioner Saunders and oarried unanimously, that Resolution 87-137 be Petition AV-87-005 be adopted. ;I"í 1"'·; ~,. . ì 1 l:' l ~c 't- :():J' , . c '11 ; :', fC ~;6 - ,-:'1'-; .,':'. "l"1. f:'" .~' r I '_ '.0 '.' '. .. .... " ~; 0' '-. ; J ~' I: d)(' .¡:~,! co . , , " ,...' ~.:. :'~~,I¡ ;;l~-*þ·~.:· ......'i, t:" ~";,~ ( C()~'J"n;~ CI: '" u.' . ': fl ;;' , ~ ¡ t t ~.,! nt, pr.: bf" pt,· . . ' . 1; " :. -I . ".~..n::;~; 10t:¡.:L;· '.,~~, , " ',!:f "',., Ä ~ .. I :, ,; '":" ~,:;. f., ~ . , :.' 1 . ';; ~: r~: !. : I.~t: ¡ ~ J \'.~ -:;... ': ';Jf.'q ", ~ r ~¡ r i ~ 1 r'; , .. , , , ;..': , ;~" ~: ¡ ",r,.....·}6q ;J~;jO....:'H)1 Þ"J&: ~ (.~ 0[, ,.J. ~ : : ~ : -'.- l' . (:', .: r :í~ (. a ·.~('ÞI1~ ~ f: ~,: 1. 'J ',," .<>." \ . ".- ..~ C -4 !. ,. . : i ¡ JJI, :Tt:G ('~ L.,~r-t :1')( .,1 : ,(~ ~. ,.! '1 ~:: ,.{ r > i.. , Page 6 .' "" ~ .. . &ODK 105mt 11 'Ò;; . . "..," l',; ':J... \ u' qC1 .'''·)h' . ..... f· ~ e , ... i . . ~- .1 IK: " ¡",> " '. ·r~~.:~ ]'¡¿' ;,J :.1 }f I, ,",I' !,r -, .,ø '.... ";.' ".j¡ ':A ,,'~~ .1' "I, .. ,)\~~.'" ~';~.'1""~'~ '~f (~~ .f~~_ ';,·~."f ·'l~. <;~ f ,'. , ,'" ''.J. ~:1l' . ,; L~~~ , "~I '.:( ::....~~ ~ lì~J ;':~ " 105nQ 20 JUNE 16, 1987 l~ell1. UC3. ORDINANCB 87-48 BSTABLISHING THB GOLDEN GATB ESTATES CITIZENS ADVISORY COKMITTBB - ADOPTBD Legal notice having been published in the Naples Daily News on May 28, 1987, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider a proposed ordinance establishing the Golden Gate Estates Citizen AQvisory Committee. Public works Administrator Archibald stated that this would establish the Golden Gate Estates citizens Advisory Committee which is a follow-uP to previous board direction relative to the 1,061 acres that will be transferred from Avatar Properties to Collier County, adding that t~is transfer of property is going to involve the handling .~:by~he County staff of hundreds of individual parcel~ and in each case, Øecisions have.to be made onf~hose lots th~ are in the ~st interest of the County and also conform to the prior agreements bet- :.....-r.. ween Avatar and Collier County. . He stated that to assist the staff in , establishing the policies relative to the use of the land and the sale of any lands that are received, the use of the revenue, the budgeting, ", 't. the marketing, etc. it is being recommended that the advisory commit- tee be established for that purpose. He reported that it is proposed that the advisory committee be made up of five members, all members being residents of the Golden Gate Estates: three of them being from the various civic associations, and two of them being .from the area at large. He noted that the ordinance outlines the duties and respon- ;I '. ¡ . '.. Page 7 ii-" ~,/'" /;.Ù~·\ .- f~ ~,..... ::~\ . ,{~.ú ~7·1 \ \".'-: e~~ --. ~} 0 I 0 S ~ . '1 ~,). 1· lIP - .. - .II 'p --.---'"" _>_,."',_:,"'___~,'_"'-_"',""''''''--''''-'~'''''''-''''~'''''"'-'~' , JUNE 16, 1987' " eibilities. Commissioner pistor stated that he has some problem with the ... appointments of this committee the way that the proposed ordinance , ! reads. He stated that everybody that lives in Golden Gate Estates may belong to one or more of those organizations and if it is limited to only three, it could present a problem. He indicated that it should read no more than three members from Golden Gate Estates who are offi- cers or directors of those organizations and the other two members would be persons at large that could belong to the organizations but '. are not active in running the organizations. Commissioner Saunders stated that he agrees that no one organiza- , tion should have control over this· committee, and it could read tha~~~; there be no requirement that anyone be a member of an organization, but~no more than 'ne member froM each organiz&tion and without the restriction that there be two from some organization. .' . "0" : ';'-' Mr. Archibald stated that he is trying to get membership that represents the broadest base and not try to confine it to members of,> organizations as this might restrict it. He stated that they are I':, looking for two at-large that may not be members of any of the organi- zations. 1 ;.":~ f Commissioner Saunders stated that he would propose that it,read, , '.' I, that there be no more than one member from anyone non-profit organi- zation or association and that there be no fewer than two" from the.", ., ' '.-' I.. ',~. J' ,} Golden Gate Estates area. ~1 ~! ~':';i ~;~~ r')·f....;;íU r·,,· ¡ :,'. Jq ;') ~ /, ¡;. aoo ( 105 f'~r.( 21 Page 8 " I' ., ~'~' ~'t ,,' ) J ¡ Ji. .),) _.~,...".-"",,,....-,,.,,..,.,,,,~ , 105n<.r 22 JUNE 16, 1~87 County Attorney cuyler stðted that everyone is required to be in Golden GðteEstates area ðnd stðff did not want to' get the five member committee set up so thðt there is 2 or 3 votes coming from an orgðni- zðtion that had one type of thinking versus ðn organizðtion that had another type of thinking. Commissioner Glass stðted that the Boðrd m~kes the selection of these individual people with the recommendations of staff, adding thðt they will be screened with regards to how many people are representing various committees. He stðted that the Board will see that there is no potential conflict, adding that the language as it exists is accep- table for the purpose of what the Board has to do. commissioner Hasse stated thðt he would suggest thðt the lists of names ~or selec~ion ~o this commit~ee be presentif to the BOðr~:8fter their vacðtion. ~1··~."¡ . Mr. Richard Braun, president. of Golden Gate Area Taxpayers Association, stated that f~r over four years, this association has been fighting the Avatar agreement. He stated that he would like to I, " see the r08ds ånd canals incorporated into the 8dvisory board's responsibilities ðnd duties in order to stop a lot of problems thðt have existed in the area with the roads and canals. Tape f2 County Attorney cuyler stðted that a lot of the things that Mr. , I Braun is saying are not supported by the facts and the Board is not in ð position to evaluate what is being said and this is simp~x ðn item ... ¡ '{ " " ,'~ I ' ),/,11, Page 9 ~ '< ; ':" H .\ "-. II' ·t· ..- .¡.. 1',. .. - JUNE 16, 1987 to establish en advisory boerd. He indicated that with regards 'to the property that is being discussed, this matter $ill be brought back to the Board after their vacation. Commissioner saunders moved, seconded by commissioner Glass and carried unanimously, that the publio hearing be olosed. commissioner saunders moved, .econded by commissioner Glass and carried unanimously, that the ordinance as numbered and titled belp~ be adopted and entered into Ordinanoe Book No. 27 with the language in seotion A to read that all five members be from Golden~at& Estates' ~ and no more than one member shall be a member of a Board of Directors or an Offioer of any organization or Assooiation: " ._.".~~..~.; ORDIHANCB 87-48 AN ORDINANCE ESTABLISHING THE GOLDEN~ATE ESTATES CITIZENS ADVISORY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFICE: PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS: PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING FORTH THE FUNCTIONS, PO\iERS AND DUTIES OF THE ADVISORY BOARD; SETTING FORTH THE DUTIES OF THE COUNTY REAL PROPERTY MANAGEMENT DEPARTMENT; PROVIDING FOR REVIEW; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. :Item .781 RESOLUTION 87-138 RE PBTITION PU-SI-7C, FRED H. CARR, REPRESENTING CAPRI CHRISTIAN CHURCH, INC. REQUBSTING EXTENSION OF PROVISIONAL USE - ADOPTED planning/Zoning Director McKim stated that this is an extension of provisional use "c" of the RSF-4 district for a church';to"allow' addi- tional perking facilities, eddlng that the Zoning Ordinance ;allows 'the I petitioner to request a one year extension. She stated that'this was I , !,.' ~ , ; I' \, ,. ;, ;!"l.'~~~ i.: ~...; &OOK 1051'Ar,f 23 Page 10 In:.?'", t...· ",. .Yi "FT ,_.,..-.,,--., ~'""-"""""'''''''''-'''''''~''''''\''-'-'*''''''''''''«'''''" . , , JUNE 16, 1987 originally approved on Ju~e' l6\ \ HÓ'6', ån~ he would like a oné year exte~sion to complete the parking lot for the church. She noted that after this extension is over, if it is approved, then the petitioner would have to refile again if the parking lot is not completed. I commissioner plstor moveð, seoonðed by commissioner Goodnight anð carried unanimously, that Resolution 87-138 re petition PU-86-7C, be adopted. " , ;... ~ ,OJ ! (. - * ./ ~. ¡.. ",J, , ....',,:..: ( . "t I. I:: ·;r:~n 1'¡Ll Ji( ! . ;jt" " ~~r_~~):' (' "-- ~ . q , 1-:.' . ' , : [.. ~ j"!',~, I." , . , " ~ ~.: I. h < .\~-:'. <. ''I: I . . ',,". :;';. ð . :!J:' " !"...,~~~ ,I~' " . f'~~l!C i. p', 'j ",,:-·.tt ()+. f1/J_~-:::~ÖI:U .' ~ ,., ....' ,..',.ií'J ._, ...'-'... 'trL :-;. . " ( ;:." ::-: ,. !.....):.. . ~ '~ ¡; " ,~ ...; r!!'''~ } '-" ~1J:' 1(; 1''' " '.q 1 :. . !-:,'jtr(· .t¡,.,) rTf, ;,,'; n(;f"H .. . ,~. (,1. t:,~: , ~. :'~ (I C. ,; "," . .·,:!Ct~'<~;. (~1;;;~''!.-:: ': JJ~J ,~ :: ~ '1_, ~. 1 J ..; 1,1 . . ,. ;., ' ~) : . .~ 't ;':\IJ'~f. ~ ¡ "~~'2 ·1J.~< .,It , I ;¡~ ! :!\~1P' C'~ :". Î. ""::'Pägé'¿'ll'" ;"~.":,; .. ~ h~t ¡ .J r! ,:. ;... 1(1 . .....'.- .. - " '""'''''_,,,."_,,»'."'__'_''',,...,''.__,~~,.......,v<~' ,,·'''',,'c..''''''''''''''''''·''-'' ",'-""".."....,,'~.."'"._-' JUNE 16, 1~87 Item .SA . ... STAFF TO PROCEED WITH A TAX ANTICIPATION NOTE~ THE NAPLES PARX COMPREHENSIVE DRAINAGE SYSTEM AND IMMEDIATELY RESOLVE THE DRAINAGE PIPE CONNECTION PROBLEM Mr. Richard Wood, Co-Chairman of the Naples Park Area Association Civic Committee, stated that they are losing their property due to it slipping into the County's drainage ditch between 9lst and 92nd Avenues. He stated that this ditch started out as 10 feet wide arlp·is now 28-34 feet wide, 34 years later. He noted that on July 30, 1986, '. '.4 '." '# ø .~ .~ - ~ the County created a Naples Park Municipal Service Tåxl'n~J D1s1:t1ct!01 raise funds for the engineering study for drainage improvements. He noted that on October 29, 1986, the Coun~y staff was asked tQ det~~~~~ the best three engineering firms to study these drainage problems and in November, 1986, Agnoli, Barber, Brund~e, Inc. was selected as the first ranked tirm t~ do this study. He noted that once the contract was negotiated, it would take 90 to 120 days to complete. He stated that on February 4, 1987, an agreement was made between Collier County and Agnoli, Barber and Brundage at a cost of $66,534 which was under the estimated $80,000. He stated that since the engineering firm was selected 210 days have elapsed and the study should have been completed 90 days agp, but has not been started. He stated that the , ~. Naples Park Area Association Civic Committee would like to know why this study has not been completed or started. Public Works Administrator Archibald stated :that Mr. Wood was I '1j',':'4 "<j";'~ ,.+~.;. ;. ': ",' :~ ',' ,,,,.,;:,.' ;t., ..; ,,:..¡.,¡). . . "1./.... < ;~ " . . e. I" "i' the ·'·ï~:·:-'I'ì . I, ~ ',' . " . ....,'/((j¡:. correct in all his dates and the selection of the firm as well as . ,I , , Page 12 i t: ; ~ ; t . aOOK 105 PAr.\: 27 ----,-~'.="'"' ,__._"..,...,.....'_,..w',....c..""""_·····,,"'" '," .......""""'-'""',,,,.,......,,.,'" 'd~'''''''''''''''__'__' .'""""., .-.,---'-''''''' 105 mt 28 JUNE 16, 1987 negotiation of the contract, adding that the contract is all set to be awarded with the exception of one detail which is funding. He stated that funding was proposed out of one of the capital funds and it was intended to borrow money from one of the capital funds to get the design underway and then pay the money back when the taxes were received in November of 1987, but all the funds in the capital accounts have already been earmarked and they are not available for this particular service. He stated that he looked into the possibi- lity of borrowing from the General Fund and that is not acceptable because of State Statute requirements. He stated that the two alter- natives that he is pursuing is to consider a tax anticipation note to get the contract underway until taxes can be collected or to wait until November of this year before anything is done, when funding ð would be available. He stated that with the Board's support, they ~'~~~~uld be willing to have the contract signed and to pursue the work If ; the funding is available. Commissioner Saunders stated that there is not any difficulty in' -, ~ .. ,-, ", .. a tax anticipation note, adding that one of the local banks would be ~illing-to do this. Mrs. Delores Klein, resident of Naples Park, stated that when the Beachwalk was connected to their drainage, they were promised that the pipe at the end of 91st Avenue would b~ taken care of by April of this year. She stated that nothing has been done and this pipe needs to be connected. .,. '[ '.' "', ~ ~v ::~ :' t' " ¡ ;~~ ¿f .~ Page 13 q -, ,. - .. :. ' '. .--:---""..... - ,." , "'4.""~"·'··'.·'; :",\:~~~."'~ ,__,_._"'...__---"''',..O'--."~^'''~''''',"'''',.;'''''''^,'';''"..''''.,""""""~,-"",,..~...,...."",""--." ,,..'^',"_-o__--~ -. .,. \~:c*/ ,.~i;.1-, ·,,4-;!~~~:::~.:I, ,~'~rv 'c'l ~::/~f ~.~jT; JUNE 16, 1981 Mr. Archibald stated that he was planning on doing that in the ... winter months but unfortunately that particuíar pipe requires a permit from a number of different state permitting agencies and it is not simply just putting in one pipe, adding that plans and specifications have to be prepared as well as obtaining permits. He stated that this is currently the hold-up and he was hoping that this work could be coordinated with the contract work. Commissioner Hasse questioned if the land that ~s being eroded will be addressed and the soil replaced? Mr. Archibald stated that they are in the pr~cess of taking cross section surveys and the pur- , ... ,. pose is to determine how much of that property has eroded and where ff~·· has taken place. He noted that the areas that have eroded þeyond the ea~ement line wil~ have to be stabilized in sõme fashion. ~ .' .. . ' ~,." ò" , , commissioñer Saunders moved that the Board approve the oonoept'óf using a tax anticipation note to fund this study and ðirect staff to negotiate this with a local bank as quickly as possible and to authorize the Chairman to execute the contraot to proceed with this matter. commissioner Glass seconded the motion and added an amendment that Staff be direct$b to proceed immediately with the permit applioations for connection of the drainage pipe anú Commissioner saunders acoepted the amendment to the motion. Upon oall for the question, the motion oarried unani~ously. Mr. Wood stated that with regards to the ditch, the residents want 1\ ...'. L" 'It ) ) r;~~r~, 1 ~I' '1 ;';' i· .\, Page 14 "': ¡" ;! 1 . ~ l I ." , i aOOK 105 PAf.r 29 /.. .. .......- I ~ 1', ~'~:~f,'7; .. _._- .._._- """"...._,,~"""""" ,_,,,,_""',.,,,""'..,""",_...__._,"'''''''''"''''''''''''',..,,''"''.,' "L"' '... I , .,¡, .j ';1. p ,1 t~~ :),¡ '~> ït. '1f. tJ. ff.. -,,; . ,~ -,' .~. -_..."~,~~;'"",.~--.',...'~---' 105 PAr,r 30 ',I t JUNE 16, 1987 to make it perfectlY clear that they are not giving up any more footage. '; r~. ~, 1 , " '~, ~ ~' ;" ~.. ;. ..=~ " I':,' I' .; f,;~· c, q '. . .. ,I' '. .-, .' '. " ,,' ¡t' f t· S,' ~ 4'~:C . " ',t,'¡ ¡ ,,"1'- ';.1 ... . J ~ J '." Page lS .IÞ- - .. _.... r... '"'....,~-""'"."''''''~'''-,,',,.'''- \ . ~ : JUNE 16, 1987 '1'ap. f3 It_ taB BXPANDED BUDGET ITEKS FOR 1988 FOR PROJECT HELP, INC. '1'0 BB HEARD DURING REGULAR BUDGET PROCESS .... Commissioner Saunders indicated that he is on the Board of Directors for Project Help and questioned if there would be any conflict with regards to voting on this item? He indicated that project Help is a non-profit organization and' he does not receive any compensation. County Attorney Cuyler stated that he does not see any conflict " , and he would be able to vote on this issue based on the previous com- mente. Mrs. Beth Knake, representing Project Help, Inc., stated that she . , , ,t is 'requesting tha-t staff be dirtcted to include their reque~t for' , " ,'- funds in the tentative budget of 1988. She stated that she is 8skirig' for monies from the County to begin October, 1987. She noted that Project Help is a non-profit agency offering pre-services of three distinct essential programs to all the people of Collier County in need of help. She stated that the three programs are Hot Line, Rape Crisis, and Crime Victim Advocacy, all of which have specially trained crisis respond teams'. She stated that Hot Line operates 24 hours per day and provide telephone counseling, information referral and crisis intervention to everyone in the county. She noted that suicidal calls " ~.' are received as well as spouse and child abuse calls, alcohor and drug problem calls, and depression and ioneliness. She noted that the rape .; : ", 1 f? . i ~:; 'ii ':1 Page 16 . , aODK 105 PAr.[ 59 '"'-"""."'~"'''''~''.''''''_. """""-,~--,.""",,,,,,,,,,,",,,,,,",",,,,,,,,,,,,,,,,,,,,,,,,,,,>=-"";'","-" "'" ", ,~,>,'"" ,"'-'.~..,,''','' '. , I..,.!:; 't \ """.,",---'----- 105 PAr,t 60 \' ~". J JUNE 16, 1987 crisis' program provides emotional support to the victim and their loved ones as well as telephone counseling, and help and support throughout the entire court process. She noted that the crime victim advocate program is completely funded by a State grant filtered down from the Federal Victim Crime Act of 1984. She stated that they pro- vide free extensive services to all victims of felonies and mis- demeanors involving injury. She stated that sérvices are available whether or not a police report is filed or whether or not anyone is arrested and whether or not charges are filed, which makes this program unique. She stated that they are staffed by three employees and the overall operational funds are approximately $90,000 which includes the $30,000 received from the State. She stated that there .: .'are'40 Hot Line volunteers and 25 Rape Crisis volunte"èrs. She stated that tHree support groups are provi~ed; one for r~pe victims, o~e for spouse abuse victims, and one for victims of other serious crimes. :~~~ She noted that Hot Line program has been in operation for 16 years in Collier County and the Rape Crisis program was started in 1981 by Judge Hayes, t~e Women's Club, and 80m. local attorneys. She stated that the Mental Health Center eventually took the program under its wings, but in 1986, the Mental Health Center made the decision to ter- minate Hot Line as they started a 24-hour phone line where all emergency services ar~ handled by their full-time employees. She indicated that she received money to keep the Hot Line and rape programs alive and active and the separation with the center in' ... Page 17 '-, . - ;. .. - ,~""".._,_..-.., :;¡ JUNE 16, 1987 February, 1986, was made very smoothly. She stated that at the end of April she was notified that their humanitariarlrcorporate donor had other obligations and he had to withdraw his funding through no fault of the program. She stated that she has applied to the United Way, various foundations and corporations and have started a membership drive. She stated that these programs are a shared responsibility to all, and the programs continue to be essential. She indicated that she is requesting an annual allocation of of $45,000 from the County for fiscal year 1988. She indicated that she·wouïd ~ike~tne· Board to direct their staff to include this request in the budget for 1988. -.........At~.. .; Commissioner Hasse stated that there seems to be some programs that are duplications and questioned if ~itness Management does basically the:same thing also, to which Mrs. Knake indicated that witness Management is a program for those people that need assistance or help during the court proceedings, but their programs help people long before they ever get to the court proceedings. Mrs. Knake stated that Project Help works with various agencies and they refer victims to other agencies and other agencies refer vic- tims to them. She stated that they are very cautious so that services are not duplicated. Commissioner Saunders stated that what is being asked for this date is to direct staff to prepare the necessary information to , include this in the budget for tentative approval during the budget Page 18 MOK 105 PAGE 61 .. . , ., ..',,: ...~ "'~~"~} ··:t~·~··: "~4 ·~:.ii.·: ;,rrJ.~~·;;' '1~ ,,~~:,~;«:,!.: . . ') 62 JUNE 16, 1987 prQcess. He stated that he has been associated with Project Help for \ . i ',' over' a year now and this type of service is essential in helping people that would otherwise have no access to counseling or any of the other 'services. He stated that he feels that the program is well worthwhile and he is asking that the Commission support the program. Commissioner Hasse stated that he feels that project Help is worthwhile, but the budget has to be looked at·very carefully. He stated that he is trying to keep the budget at a minimum and he has a responsibility to do this. Commissioner Glass stated that there are a lot of people deriving benefits from this program, adding that he would like to see project Help compete in the budgetary process. commissioner Goodnight moved, seconded by commissioner Glass and carried unanimously, that staff work with project Help in the budget ð process. ~.¥,~,~_ Commissioner Goodnight stated that for the budget preparation she would like to know the total budget for Project Help, what amounts are through donations, how the organization plans on raising money, and what the minimum amount would be that the County would be expected to gelp with, and also projections for the future. She stated that she is not sure if she wants to give out $45,000 this year and tpen next year have project Help asking for $90,000. Commissioner Hasse stated that he would like to know if project Help is covered by liability insurance and for what amounts. , . .,' .... ";. '" ii., ..è' I '. '¡rJjP:a~~ .l~)ì} '. " .. IP - .. - . ..-,~,,,"_,,-~"~_,",,,,.",,, C" . '.';..,,' '''',...'''.,"'.,.._,..'"d'"'''..''''~'''''"'__'''_O~,--"....,..,.. ,,''''..~'.' "".,", H "'._,,.--._._~'"' JUNE 16, 19~7 County Attorney Cuyler stated that the County would not be liable ..' for anything if it i8 strictly a contribution. Deputy Chief Ray Barnett stat~d that the Sheriff's Department would like to see the liability insurance certificate and has asked for it before. He stated that if they refer calls from the 911 number to project Help and they give advice to people, then there is vicarious liability involved. County Manager Dorrill stated that this program has very good points and due to the fact that Project Help lost a :grant, Mrs. Knake is asking for assistance. He stated that rather than asking for addi- tional ad valorem money, he is proposing budget cutbacks. He etate~~~; that his proposal would be to fund needs that are not duplications and he ,~ill be preparfd to discuss ~hie matter with the Board a~ the budget hearings. ~' .~~~\~.':. County Attorney Cuyler stated that he would check into some of the legal issues that have been raised, which will also be discussed during budget sessions. ***** Reoess: 10:30 A.K. - Reoohvened: 10:40 A.K. ***** Tape ... Item t9Al RESOLUTION 87-139 AMENDING RESOLUTION 86-1...., REQUIREMENTS AND PROCEDURES FOR AMENDING THE COKPREHENSIVE PLAN - ADOPTED planner Cacchione stated that this is a request to amend Reso- lution 86-144 which are the requirements and procedures for ~mendin9 the Comprehensive Plan, adding that staff is requesting that two items " ;~ . ;,Page 20, M)O~ 105 m£ 63 ~'. .~.,"u'¡;:..;::.t'" . "".¡,-,t.i-;,.,( :t~;· ;i:~~!~~'~':' "¡~'s>." ~'~'~\;!~"; ;~', ---......."'-',".-'.' . ,~o""".'.,,...."""__"',.,,__·,_,___.,'"'"'-"·....""',,"'~"·H--""'· ",.-' , . " ....J,,, " ,»'""..."'~,-".._._.,"_.. 105 PAr.t 64 JUNE 16, 1987 be reviewed. She stated that the first is the timeframe for staff to conduct the initial review of applications being extended from 20 days to 30 days to do an adequate job of reviewing the petition and the seconà request is to extend the timeframe from 20 days to 30 between the CCPC public hearing and the Board public hearing. Commissioner pistor questioned why the extended time between the CCPC meeting and the Board meeting, to which planner Cacchione stated that this WGuld allow for a larger, more complicated advertisement that takes more time. She stated that this would also allow staff suf- ficient time to make changes that the CCPC has requested in order for it to be in final form for the Board public hearing. County Attorney Cuyler stated that if staff can get it done : 'ear1ier they will, but he does not want to put'staff~n a position where t?ey are violafing their ownfresolution. f i, commissioner pistor moved, seconded by Commissioner Goodnight and ~~~~ carried unanimously, that Resolution 87-139 amending Resolution 86-144 which establishes requirements and procedures for amending the collier county compreht;tnsive Plan be adopted. '. ; ~' ; , ,-:,"; '; .:~ T 1 U;~;1.r:~:.£" ¡. ." ¡ '..) ~ ' ,..' :! ~1 <:. :;', Page 21 '- . - .;,- - - -"~"''''''''-,;.,-,-,~,,,.-....''''';- ...."'""""....".....~.-,____._'''_''"''''_"'...;"..."'.''"__..,''b'''" "'_"'~_"'_'~'A~_ , ',' ....' JUNE 16, 1987 xtem I9A2 PBTITION MP-87-4C, WILSON, KILLER, BARTON, REPRESENTING NAPLES INTERNATIONAL STUDIOS, INCREASE FOR TRACT D OF LELY R AND D PUD - PETITIONER'S AGREEMENT BOLL' PEEK, INC. RBQUBSTING A HBIGHT APPROVED SUBJECT TO Planning/Zoning Director McKim stated that this is a request for a height increase from the maximum height of structures of 3 stories/to 60'3" above finished floor elevation for Tract "D" of Lely R & D PUD for Naples International Studios. She stated that this'propertŸ is located on the west side of U.S. 41, approximately 1-2/5 miles south of Rattlesnake Hammock Road. She indicated that the petitioner i&~~;.; proposing to locate Naples International Studios on Tract "D" of the PUD and the PUD allows maximum height of ~ stories which is approxima- tely 3S feet, ~nd th~refore, the petitioner is proposing a minor change to the height of one building within the PUD. She stated that the zoning Ordinance provides for minor changes to the height of buildings upon recommendati~n by the CCPC and approval by the Board. She noted that staff does not feel that the additional height would negatively effect surrounding properties, adding that the design of the building is multi-level with the studio area being the only por- tion to exceed the 35 foot maximum. She stated that the design of the studio necessitates the height of 60'3". She stated that in addition to the required landscaping, staff has suggested'a buffer be provided to the west and south of the movie studio to help negate any possible impacts on properties. She stated that with the proposed buffers and Page 22 tOOK 105 PA<;f 6.9 ,;~~~;, :.' -----""-~."_. .,__..._______""'---".-"',."'.'4'.-......--...,...""-""~ ...--'-. !, ! \ d ,; 105 ,,~q 70 JUNE 16, 1987 the required landscaping in the PUD document and the location of the building within Tract "D", staff has no objection to this request. She indicated that CCPC reviewed this petition and recommended appro- val subject to staff stipulations with an additional stipulation that this height increase apply only to the proposed use of the movie stu- dio and includes the proposed tier additions that are outlined on the PUD map in the Executive Summary. She stated that at the CCPC, a representative of the Lely Civic Association spoke in favor of the petition, adding that no correspondence has been received. Mr. Alan Reynolds of Wilson, Miller, Barton, SolI & peek, Inc., representing Naples International Studios, stated that Le1y Rand D PUD was approved to provide a site for'clean~ight industrial and research u~es. He noted that this is a desirable industry that is being attracted to the Naples area, adding that :-·.....-¡,~is film production studio will be used by moviemakers. He noted that this facility includes 3 sound stages in the first .p~a~el ~n~other facilities such as administrative offices, set construction areas, make-up and costume room, cafe, etc. He indicated that the first phase reþresents approximately a 100,000 square foot building. He noted that the height request pertains to the movie studio portion or the sound stages to accommodate the lighting grid which is 45 feet high and catwalks are needed above that. He noted that the other uses within the studio do not require a variance. He stated..that they intend on moving forward as quickly as Page 23 " IP - .. - --~".",~,.- " ",,,"~.."H_""'_'·__" JUNE 16, 1987 possible and he is under contrect now to design end permit the infrastructure which will include the main entrance road and the leke ,. that will serve the water management purposes. He noted that erchi- tectural plans are being prepered for the facility, edding thet the goal is to have design and permitting by the end of the year and start of construction in January with the studio in operetion by late next summer. In answer to Commissioner Hasse, Mr. Reynòlds stated the intitial phase will occupy 6 acres and the proposed expansion of '. the building would include the entire Tract "D", which is 17-1/2 acres. , ....rW.~; Mr. Bob Bothwell, Treasurer of· Lely Civic Association, stated that the Association is in support of this facility. He stated that he has backgiound exper ien¿e in this indlIstry which is Ña " .0 . ,', very clean, neat, and non-environmental problem that will add to' the tax base of this County and provide employment. Mr. Bob Wallace, President of Economic Development Council, stated that they are looking forward to this industry coming to Naples end support this petition. He noted thet the Vocational Technical School is going to be teaching a number of the trades that will need to be, developed to support this industry. He noted that people will be hired from within the community end the . Vo-Tech will train them so that they will be ready to go when this studio opens. He stated that this is compatible with the I' ¡' Page 24 .tOOK 1051'~q 71 ., ,:~:/.;,,~1,~'~," t,'I1""'J" ." f~~ít/>\ " ~ ~:~~tt, 1 ·:4i.'!~ ,,', ,. ". '.,~,:,.P!" ) \ . ;....: ~",~_""""..~~,o,,,~;,,_,_,,,*,,__...__---"-''"·''''''-'''"·"'''''·,_±..""""",,,,,--,.,,,.,.,.,,,,"...~,,,,,.,~,,,,,,, ,'; 105 P)'(,! 72 I" .I, JUNE 16,1987 objective of the EDC ðnd they will now continue to try and attract like supportive companies to come to support Naples I International Studios with film editing, rental equipment, etc. He noted that this is a beginning which will help Florida to become #1 in the motion picture industry. Mr. Dave Pfaff, representing the EDC, stated that when this issue came up, he questioned the feasibility and the demand and become convinced that this industry will be good for Collier County based on the skills of the people that represent Naples International Studios and the manner in which they are handling this operation. < :.... Mr. Thomas Garlick and Ms. Connie Purvis stated £rom the ~udienêß that they wêre both in fa/or of this inJ~stry. Commissioner Goodnight moved, seconded by commissioner pistor '.' ~~~~~ and oarried unanimously, tbat petition KP-87-4C, Naples International studios be approved subject to the Petitioner's Agreement. '. .(' ... IlH.; 1 iL Page 25 '- -'- .- . - - - --""",,,,,,,,*._"'~" .....- --'"'''''' -""""""",,,---.,.-.- ~,----,---- aOOK 105 PAr.[ 74 JUNE 16, 1987 Item. UBl INTERIK CONTRACT FOR COVER MATERIAL FOR NAPLES LANDFILL - AWARDED TO ATS ENTERPRISES. APAC OF FLORIDA TO BE STANDBY CONTRACTOR Public Works Administrator Archibald stated that this item is to award an interim contract to provide fill material for the County landfill. He stated that the current annual contractor is unable to fill the requirement for providing the cover material for the landfill operations and as a result, quotations were obtained immediately from other vendors on an interim basis until staff could go through the normal bidding process. He stated that staff is recommp.nding for approximately 8 weeks to award a contract to the low bidders, the first being ATS Enterprises in the amount of $3.80 per ton for fill delivered"to th~County landfill and the second being APAC in the amount of $4.00 per ton u delivered as a standby contractor in case the primary contractor ~"~;~'~as a problem in supplying the fill. In answer to Commissioner Hasse, Mr. Archibald stated that the . 0Fi~il)a~ s.u~pl}er was CPC, ad~ing that the contract was for, a period of 12 months and CPC has indicated more than a willingness to supply the material at such time a5 they are able to. He stated that the reason that they may not be able to deliver may be completely out of their control. County Attorney Cuyler stated that he would look at the contract to what it indicates. .. Page 26 " (1-: ¡ ¡.'~ .;;.:~; \ .. . '- - - " ,.,""',',--,'"..._---"--"".~ ... ..ò',1'1I1"'' ,..'.._.__"__,_'"""....."'"""..".,.;""'..".;"~",'"'" '''';'''"<'"'O~," '''',p~ ',.." ·~l r t r ~ i !'~;¿~. '~I JUNE 16, 1987 .r commissioner pistor moved, s.oottded by commissioner Goodniqbt and oarried unanimouely, that an interim con~~act for daily cover material for Naples Landfill be awarded to ATS Enterprises in the amount $3.80 per ton for fill delivered and also awarded to APAC-Plorida, Ino. in the amount of $4.00 per ton delivered as a 8t~ndbY contraotor. !,'" .. , "..,..!; 'J J .~ '. ..J .- ..... t ,¡ " };~ . I ., i'" ¡ :. í ~ (,: ' , ¡ I I'" i ' ! . ~,\ .,'d~:7:'-{ " <'Y" "'~'~'"'I',*__'-:",.~' ; ~ ,i .,' ~, :." ~. ~~ ) - -'-'-... .. "',~..'. Page 27 BØ&C 105 plfc-75 II) ..:,t.J 'iL:'g I ~' ,o,~,""...,~..,__",__,_._";,_....~_.."""""·*,,,,,,,,w,,,,,,,,.,..,,,,,,,,,,,,","",..,,,.,,,,,...-~,,,,,,,,",..,"~.,,,,,,,,''''",,',~''--'"''''''--''_' ,.",.. '~"""''','''''' .,.--....-""",-""'- JUNE 16, 1987 Item '9Cl .... CONCESSIONAIRE OPTIONS AT CLAM PASS PARK - CO~INUED AND STAFF TO FURTHER INVESTIGATE OPTIONS '1 AND '3 Public Services Administrator O'Donnell ~t~ted that this item is in regards to the Clam Pass Park Concessionaire Agreement, adding that since January, 1987, the County has had an interim concession agreement with AUO, who has operated the concession at 1 Clam Pass Park. He stated that the concession has consisted of selling food items such as hamburgers and hot dogs as well -as# bôat rentals and other items like suntan lotion and sunglasses. He stated that the County is receiving 15% of the non-food rental and 10% of the food vale items, adding that from January to March of this year, the County has received $1,~58.32. He indicated that in April~ 1987,.request for qualifications were sent to 32 prospective concessionaires and on May 6, RFP's were opened and reviewed. He noted that one proposal was received from AUO after extensive efforts were secured by staff to secure potential con- cessionaires. He stated that the proposal from the Registry would be 5% remittance to the County of the total gross sales, no further financial co~tribution toward the buffer wall in the parking lot, operation of the tram system of which they would levy a $1.00 per head charge to be collected by AUO personnel with no remittance to the County and the hours of the concess,ion operation would be from 9 a.m. to 6 p.m. seven days a week and BOOK 105PAGE 77 , (.~' ~"~: ' . " .~'~",;;,:~~<~.,.~, :~ .~'.t:-i .~ \~·i:·..~ . .""": f~~':'",;~,:., ;('~;;";'~" .- .-.~~.~ I l, '. \ ~' Page 28 ,,::.:,:¡": , ,,' .'. .:' \,'~¡':/'~t'V~';il:""~;' ".,.,.'"....,",,"""'~'"-,""#>.......,""_...._- ^--,.~..-".,¥,',.._,,",",'""-,,-""---~""",."."'.....,,''''''''''''.',.",.., , "--",,,,,..".......'.",',,,,,...,",,'..,"',.-,"" -""" ,"',"',"......".. "~,~.,,~.,,_.','~--~~... 105 pm 78 JUNE 16, 1987 tho term would be for 10 weeks. He indicated that the hours and the term were put in the RFP by the County. He noted that con- sidering only one proposal was received, staff felt that it would be appropriate to provide the Board with some options to consider. Mr. O'Donnell stated that option #1 would be to accept the propo- sal from AUO as submitted, but staff does not recommend this option as the financial arrangements for the county are not beneficial and since the interim concession agreement has be€n in existence, Staff has had several operational ~roblems with AUO like selling items without prior County approval, the ability to secure appropriate port-a-toilets, failing to secure the facility after closing hours, and proper remit- tance of the County's percentage of the concession agreement not sub- mitted on a timely basis. He indicated that these items are not major: Ü by themselves, but they add collectively to the administrative ~.~;~,~roblems that staff has experienced. He stated, therefore, it is not in the best interest of the County to accept Option #1. Mr. O'Donnell noted that option #2 would consist of rejecting the proposal and rebidding the item, but this time eliminating many of the 9igh up-front costs that discouraged a lot of bidders from responding, adding that it is being suggested that the County complete the items that are necessary regarding the utilities, the buffer wall and the kitchen facilities. He noted that if the County paid for these items, they would become part of the total fixed capital ðssets of the park and would be more conducive tor concessionaires to submit a proposal. ..4 Page 29 r~ III . - .. - """.._,....-....""""",,.-,-,.--,,-,---,----- ,..,."'.-,.,'_,,_,_,~...." .4 '..__."...-;""-~._"''';.,''''''''';''';'''"^''''''''.....--"..-~-. '/ ... JUNE 16, 1987 He stated that staff does not object to this proposal and feels thåt it does have merit. ... Mr. O'Donnell reported that Option #3 is for the county to run the food part of the concession ~greement and contract out the non-food and boat rental items through a concession agreement. He stated that with Tigertail Concession Agreement expiring in August, it is suggested that a package be put together relative to the non-food and boat rental operations for both Tigertail and Clam Pass. He stated that', due to the low cash return on a percentage bas.i,a for the con- cession agreement for the food and the amount of money that is currently being made, the County should strongly consider getting into, ~ oX#': ; the food portion of this particular operation. He noted that this would also enable the County to exercise better control over both i J ~ Tigertail and_Clam Pass. He noted that he hopes to negotiate the ... ..,' .:~..'..: ':' ~ ". , operation of the tram with AUO. Tape IS Public Services Administrator O'Donnell indicated that staff is recommending that Option #3 be approved by the Board. He stated that he would anticipate that this be put into effect October 1, 1987, which would allow him time to have an RFP made up for both operations and to allow adequate time to hire and train staff, and it would also, hopefully, have the kitchen facilities matter ,. resolved by that time. He indicated that it would also be easier , to budget for the expenses because they will be included in the r,}' BOOK 105 "s~r 79 Page 30 ~ . " . , , ' . :.. :~t~¡k .....~:~.¡:,.', ';::~;~:.:,': '~1( i . t. ¡j. , '. , .. ..; t '~ 105 PAf.t 80 , , I. JUNE 16, 1987 1988 fiscal year budget. In answer to Commissioner Hasse, Mr. O'Donnell stated that the ¡ agreement between AUO and the Co~nty with regards to the Utilities is a 50-50 agreement on a cost of approximately $150,000 for water and sewer and an additional amount of electricity and telephones. Commissioner Saunders questioned if the County should pursue Option #3, does the Parks & Recreation Department have experience in these types of operations and is there sufficient personnel? Parks & ~....~:-& . Recreation Director Crawford stated that he has run these type of operations before an~ staff can be trained to operate the concession. He stated that this would produce greater control for the County. Mr. O'Donnell stated he prefers that the County not get directly ,.. f f ~. involved with the tram business. He stated that he would hope that if the Board adopts Optiort #3 that staff would be able to negotiate a permanent tram operation agreement with the Registry Hotel and they will continue to operate as they have been doing. He stated that there should be no charge levied for'the use of the tram, but~there would be a 50¢ a day parking charge. He stated that there are many incentives for the Registry to handle the tram, adding that there is not any increased cost to the Registry from what they are currently doing; the Registry has expressed an interest to be able to use the County parking lot after hours for additional spill-over parking I and the Registry has also considered using the park facilities at night. In answer to Commissioner Glass, Mr. O'Donnell stated that whether ; ";;.J Page 31 '- . II' - ,¡.. .. - ,~"''''','''__~o;~__",.........".....'''",",..._,..._,__,,,.,_,_'"''''_._-' "._;_"''"_''";_.";"'_."_____-...--'""""","~,.n'"'''u,'-....."'....,'"",'"'"",'.."'.....,...,"."H..""..___· .,.",.._,...,."..,----<",.,"'"..""".,.,,".,. JUNE 16, 1987 the County operates the concession agreement or it is contracted out, the County is still going to have certain expenses. Commissioner Glass stated that there shoul~ be a business plan for this type of operation, adding that the figures shown in the Executive Summary are generalized to the point that it is very difficult to make a decision. County Manager Dorrill stated that they are deferring operation until October 1 and at this point, they are responding to a sole bi~, that was received and he is trying to give the Board some other options, but there will still be an interim relationšhl'p'·wf't.h'the- Registry until such time as the business option can be developed. In answer to Commissioner Hasse, County Manager DorrilllSltate(L.....~~..:...: that the Registry has no right to use the tram on the boardwalk but t the County is letting them do that under ~he interim concession . agreement. H~ stated that they do have legal right of access to the Boardwalk, but do not have an exclusive right to move hotel guests over that boardwalk with the tram and not make a similar negotiated consideration for other members of the public. Richard Aaron, representing Registry Association Unit Owners, stated that they are obligated until the parking lot is open to convey hotel guests and public. He stated that they are able to use the tram to take their hotel guests out after the County gets their system going. County Manager Dorrill stated that the interim agreement was done &OOK 105 PAr.r 81 Page, 32 \, ..::: f:, 'J'j ,¡.... ,,"',- ,1:,1 :'~ . <"..,}~ "#"""';f~ '." "'(~'~1tL }~;':~ , , ..""......,...,. , ,<ì,;" ".: '. :",';1," "', ,;¡ ,:~,.(:'tß.! ':" ': ',,'~ _f~...~':...,~~I\¡~~ r:,..·;~ " ·:.;\\.;,:,Y~/!.;i . ,;;1 ." .....·'d"..' "'.'1" ~. ,:i*A~~~ " to¡..- ~\ t- '> ¡.,."': , ."",- ~ ; [¡ _~,~"',O_,._..,...______.....,"'....""""""""..,._""",."'4""""".'''....b,,''.''''''''e".,n~.·___~..',''"",.'''·'''m .,--,-"""'.,."~~-'"'"""~-_.._- ,oo~ 105nr.r 82 JUNE 16, 1967 to accommodate the hotel's desire to get the hotel guest to the beach before the park was open and while the County does not want to liti- gate anything, they would like the opportunity to negotiate the per- manent use of the tram. Commissioner Saunders stated that he tends to favor Option '3 at this point and if this is the case, he would like to know what the Registry is willing to do in terms of some of the issues involving transportation of the public and charging them. Mr. Aaron stated that they are a partner in use of that boardwalk by virtue of vested interest rights, adding that his main concern is the level of service. He indicated that they have been prepared to operate this system under the County control at a level of service that meets the type of guests, that they take to the beach as well as benefiting the public. He stated that the only revenue source ð available to support a tram system other than the boat rentals and the ~.~~~~oncesBion for the food preparation is the parking fee, adding that they are suggesting a $1.00 parking fee. He stated that he estimates that it will take three trams to keep two going in order to service the public, which is a capital investment of about $25,000. He stated that there is also maintenance on the trams and the location of where . they will be maintained. He stated that if they own the tram and make the capital investment, they would like to keep the fee in order to support the system. He indicated that he would have to have a main- . tenance area set aside in the hotel. He indicated that if the County .... ¡: ;Pag~ 3~ ,:' ' "'. '11;"\ p' 'ài~",' . ~ . _ '. .. '" .........iI.- ~ . , - .. - " , :,. () \-. JUNE 16, 1987 makes the capital inves~ment, the Registry would provide personnel on a cost basis to run the trams and to maintain them. He stated that they would prefer that they continue to work o~t whatever needs to be done to create the level of service that he would like to see and that the County would like to see. He stated that they will continue to work on an interim basis until a permanent situation is handled. He noted that they are not interested in running a tram for the public without some type of cost remuneration, which could be built in with the concessions. He indicated that a concession operation is the best way to go and they do not want to see a third party~rought in to complicate the whole matter, which is why they would like to continue this concession. .. t:"tJW.!, ; Tape '6 ~Mr. Aaron staled that the R,gistry would ~ike the abili~ to ser- vice and protêct the~r guests and if the County interjects a third.; :..' party it will not make it any easier for the Registry. Commissioner Saunders stated that he is concerned with regards to other problems that are not directly related to the operation of the concession. He stated that he feels that the County is being run over by the Hotel in some ways in terms of parking of buses on the County parking lot, the noise from various functions at the Hotel, and other complaints. He stated that the County has one major item that the Hotel needs and that is the operation of that concession and once' the County gives up that concession, there will be no control over the ~òo¡: 1.05 Þ1', 83 Page 34 ;:~ ,:. I . , u' ,~ ,.:" ;"'I'~ ,'5~~'~: ;:f·: "....~, ',' . ~ .~':;~~. :., ,~·t ,..s~ '.. . ,d. Ih~:,·" ,....~ "'Ä, '~'-"~; , I,~ _."~-~"'~~,-'"-~--- -",~ ,"",__."..""_>^_,,,,,,,,,,"'___'"_~'''''''''-''''''''~'-'''''''''''''''~''','N_',' . -.----""'----..... t [<.' ,~ ',": ¡'~ ~ I,. I~f. ,'t' :;! , , , :.~ .!i>~ ~.' . !.~ì.~ '~,f, ]",. ;t:1:~';~ . ·I~\:':~~ . ....'......' ;'~ . . , of'; 'it .~. ~,,> 1', aDOK 105 PArot 84 JUNE 16, 1987 Hotel in the way that the ~o~el deals with the surrounding community. He stated that he would suggest a termination clause in the concession agreement or a renewable concession on 8 yearly basis totally at the option of the County. Mr. Aaron stated that the control that the county is seeking is something that could be infringement upon the Hotel's right to operate in the fashion that it has been permitted to operate. He stated that there will be conflicts and to the extent that the conflicts cannot be worked out, there can only be one solution ~Ihich is litigation, adding that he does not feel that thiß is the position of the Board with regards to getting into private litigation with neighbors. Commissioner Saunders stated that he does not have any problem , ': :with the County Attorney's office litigating ~ases iðvolving the hotel or any,~hing, adding that if it com~s to this, thlt is the cost \)f doing business and the County is a business. He stated that he is :~~~ concerned about what is going tc happen once the County enters into a . ten year concession with the hotel. Mr. Aaron I?tated that a one year cçmcession agreement is f,ine, adding that he does not have a problem with this. Commissioner Glass stated that he feels in order to make a logical decision, there needs to be additional information with regards to what each party has to offer on a realistic basis. commissioner Glass moved that this item be continued and øtaff be direoted to look at option .3, including a profit and loss statement ... " : " ,Page 35 " -., . JÞ. 'Io-~' - .. - r .."""_",.,""".;-~'-- , ,¡ 'I" JUNE 1&, 19,87 and all the pertinent facts that go with it AS well as revisiting ... option fl. County Manager Dorrill stated that it is his understanding that staff is to provide a more developed Option #3 for consideration as part of the annual budget process. He stated that staff's position is that Option '1 did not include what was felt to be a responsive bid and, therefore, either the bid needs to be negotiated or to be reb~d. Mr. C. A. Smith, resident of Pelican Bay, stated that he does not believe that the Hotel has a degree of public inter~st' 'and4attltude·' ... that would be required to manage the concessions in a public park. He indicated tha t after six months of experience with the inter im-.....z..~·..; agreement, he does not believe that the Registry should have this assignment permanently. He indicated thJt he strongly urges the Board to take the récommen~ation of the Staff and have this concession operated by the County. Mr. Nikodemus, representing the AUO Registry Hotel, stated that the Hotel has all the intentions of providing and complying with the desires of the County to serve the public. He stated that they plan on providing first class service and to be a good image to the County. He stated that ther~ are some concerns regarding some of the issues, adding that Staff is recommending that the County take over the con- cession and he feels that this would be very expensive for the County. He stated that the whole issue needs to be reviewed and a to~ally new plan could be made involving the county staff and the Registry working aDOK 105 PA(.t 85 Page 36 '>I. ,-:..L+" ~.:~, ""','~ .~ ,',- '\I- ; tJ.~ ",~ '~h ~:~)i:"t' ,.~', , ' ~i . '. ' ,':'T~df.:~·'.:~·~':· " '''.,,;~;:f~ : ","" - '., , I~/ . . - --,,'--"- "~'>--';"'--- ' . n' . ~ ..... ___",; W_~;~"-'""'''''''-'''~';-~'''''''''''''''''~''~''''''~'''''' .--.------'..... 105 PAct 86 1 i ;'J' ~ II ,,~ JUNE 16, 1987 .,. } \ '" together on such a plan. Mr. Tom Smurdon stated that he wanted to, propose concession stands f':' . .. : . for Tigertail Tail and Clam ~ass, but would like to withdraw a poten- I ' . tial proposal and meet with the county Manager to obtain more infor- mation. Mr. Chester Burwell, resident of Pelican nay, stated that he would urge that the County does not sign any concession agreement with the Registry. Mr. Dorrill stated that he is not overwhelmed with adding addi- . . tional people to the payroll which is why he intended to solicit pro- posals from concessionaires. He stated that there is a proposal that does not respond to all the needs, specifically the capital improve- ments that are going to be continuously required and what the County , . t would expect to be a fairðreturn for an exclusive concessionaire right at a public park. He stated that when he mentions control, he men- ~. ..;e:.;-tr-. : tions to the extent that the County controls other public parks, like who is going to open it in the morning and close in the evening and ~~- ' 'I"'.' ~'t , r- ~. ~:. D': ~~~: ~. . have use after-' hours of parking lots, facilities, and who will be able to pr~vide the direct response to complaints? Commissioner Hasse stated that it does not appear that anyone is ready to move forward on a firm basis, adding that this should be studied further as there are a lot of loose ends that should be tied together. commissioner Saunders seconded the motion with an amendment that .... ~~J: u¡ ~.^Ta'f,uð :-; _I:; fJ -F - ·,l...' :'1 1/ . 'lM\'ß T~ \ ' ')l12. Page 37 ., '. .- .. ,;1' " 'f';' ŸC~II'·;' ~ " 3UHB U, '1987 " the county Attorney an4 staff meet with Kr. naron and sea what aqre.ment can be made with the Hotel reqarding operating the con- cession under a one year renewable agreement ~t the option of the county and to extend the interim concession aqreement for another two months while this is being disoussad. commiBsioner Glass accepted the amendment. Upon call for the question, the motion carried unani- mously. Item UDl ., ~." PURCHASE OF ROY~L COPIER FOR THE UTItITIBS DIVISION - APPROVED ~ssistant Utilities Adm~nistrator Arnold stated ,that this is a request to purchase a copier for the new office location which is off- campus, adding that he has reviewed this with the purchasing I I ~ .! , , I. ~~I' \ Department anc1 it was determined that a purchase would be better tha?, .~:<}~. a lease option. He noted that he has quotes from 3 differe~t stat.e .~..,:,j. 1 J .µ contract comp~nies and the Royal 5003 ZMR Copier was the lowest quote .' .: ~..¿ / ~;': ( , and he is requesting'approval to purchase this copier. commissioner saunders moved, seconded by commissioner Goodnight and carried unanimously, that the purchase of one Royal 5003 ZKR copier in the amount of $9,489.00 for use by the utilities Division at : their new location be approved. ",r " '\ \ i..\, ':. : ()() r¡ ^- ~ I . i \ ,;, '.J."l:1 \ QO.. r ' 'i ' " .,' ~I !{ . ". ~. ,"w' ~!.,~l "~'Jf,:: 1':,: ';, ~~:'I"'~\ ~~y, ...... 'i','i;;. ~('\~:' j :r· \ ,-'" '¡';'" '...J -, '''''''''''',, ,.",.,,,"::~,~,,- " ,t::'r:tr~~:';~:": : 1 aGOK 105 PAr.£ 87 page' 38 ; ,.... . "It ~"'>\ ~ '{, ~ !,~',':. " ,. ,'.- .),," " . "'-"'ft';' rt)~, JJ bJ;J .A;. - v ,'¡;"'''''-;{--' _"""""""'."""'"''''''''__''''~'''_'''''~_'''-'''''''''-'''''''~"'''''''''"'" 4",',,"'''''''''''''''-"'''' """"",,--~,' "",,_....'-,','....." ",.,-"""... ",--..-"..-.-,-"" JUNE 1~, ~ í987 . Itom t9D2 BID 187-1096 RE CONSTRUCTION OF GOLDEN GATE WELLFIELD EXPANSION PHASE I _ AWARDED TO YOUNGQUIST BROTBERSþ INC. IN ~OUNT OF $54,460.00 Legal notice having been published in the Naples Daily News on May 10, 1987, as evidenced by Affidavit ,of pUblication filed with the Clerk, bids were received for Bid '87-1096 until 2:30 P.M., M~y29, 1987. Utilities Engineering Diréctor Madajewski stated that this is t~ a~ard a bid for the construction of Phase I improvements for the Golden Gate Wellfield Expansion. He stated that bids were~ret:ei.ved-on- May 29, 1987, from three firms. He noted that the lowest qualified !. I. bidder was found to be Youngquist Brothers, Inc. for a total.cos~_~~~~; $54,460.00 which will be to drill 7 new wells. commissioner Glass moved, second&d bý commissioner Goodnight and carried unani~ously, that Bid 187-1096 be awarded to Youngquist Brothers, Inc. in the amount of $45,460. Item f9D3 BID '87-1097 RE CONSTRUCTION OF GOLDEN GATE WELLFIELD EXPANSION PHASE II - AWARDED TO MITCHELL AND STARK Legal notice having be~n published in the Naples Dally News on May 10, 1987, as evidenced by Affidavit of publication filed with the Clerk, bids were received until 2:30 P.M., May 29, 1987. I Utilities Engineering Director Madajewski stated that this is for Phase II of the construction of the Golden Gate Wel1field Expansion which will be for the constructiòn òf the additional raw water . " ~': ' ,.1 , " ;!:1 :', ~.¡;~) o}. , ; . 8DOK 105 Plr.r 8.9 . Page 39'-' : ': : , , "',MÜ___'....·___,,,..,,,_,___'" ",.""-""",, "".""''''..e,''''»"'_.·_.-·,,·'..,,''',··,..,'''·,",..'''' ",.--,."-" ,-~'~""" , ., 105 P~Gt 90 ì\'.',í : , ,I, , , u JUNE'i6, :1987 transmission main and the actual outfitting of the wells with pumps, control houses and other items to make the we1lfield active. He noted , , that bids were received from four firms and the lowest qualified bidder was Mitchell and stark Construction in the amount of $1,110,888.71 and staff is recommending that they be awarded the contract. Commissioner Goodnight moved, ..oonded by commissioner Saunders and oarried unanimously, that Bid '87-1097 re oonstruction of Golden Gate wellfield Expansiob Phase II be awarded to Kitohell and stark in the, amount of $1,110,888.71. ".' . Mr. Madajewski stated that both of these contracts came in below , the,estim~te8 and there are three additiona1wè11s,t~at .were going to be held for future constr~ction but due to the sufficient capital, 'J they are pursuing contract addendums which he hopes to. bring back to ~~.~~~~he Baard next week. He noted that this would mean a total of, 11 .,~ wells which would give additional backup capacity and standby capacity _ d~r}n9 <?ut.~~~s_~ Tape '7 Item f9D" I ADDITIONAL FUNDS VANDERBILT DRIVE ',," I ,.'.~' FOR EKERGBNCY UTÌLtTY RBPAIRS AT 111TH AVENUE AND _ CONTINUED on WEElt commissioner saunders moved, seconded by commissioner Goodnight and oarried unanimously, that the additional funds for the emergenoy repair of the manhole and sewage gravity line located at l11th Avenue and vanderbilt Drive be approved. ... '.' ~; '. \ j ." ~~ t!!r \. ; b ":" [ \. :; 'H,¡,1pag !' 4Òí)~\;:~; . '. - .. ~-~-"_.....",-",.---,,,,,,-,,-,,~, ~~",.".".,..,,"'m""__-"'___'_'~ JUNE '16,1987 A representative of Seaboard probe, Inc. who did the emergency ... work, stated that the invoices presented to toe Board are for $22,000 and the job was done on a cost plus basis and he has a cost of $50,000. Commissioner Saunders stated that they are not in a position to analyze the bills. commissioner Saunders moved, that this item be oontinued for one' week and have Seaboard Probe, Ino. meet with staff and the county Kanaqer to resolve this matter. Purchasing Director Carnell stated that staff had a meeting with the contractor and the Executive Summary is a result of that meetin~~~; County Manager Dorrill stated that it seems obvious that there is a dfscrepancy in ~his matter ang he would req~est an additióoa1 week to allow the County ~ttorney to participate in this matter. ..... ..:. commissioner pistor seconded the motion. upon oall for the question, the motion oarried unanimously, to oontinue this item for " one week. Item '9El ,'1 (', ~ i ¡ ¡,', ~ ,: .. " ,,' PRELIMINARY DATES SET FOR SEPTEKBER PUBLIC HEARINGS ON BUDGET AND TAXES Budget Director Zalka stated that this is a request to set prelimi- nary dates for the public hearings that are held in September for the budget and taxes. She stated that two hearings are required and the School Board chooses their date firstJ then the County choose~ their dates; .'¡nd then the City and other special districts. She noted 1 ... .':1,'1, ,"'. ; ':'~~'~-1 l'1, j','., , ,':',' '. P8ge,4l &GOK 105 PAGE 91 ~,~y' , Ft,;.·;~'~i ~' ~~"V"'¡'j '¥;;~~f~¿" ·:··)t;,~ ,.,.~J' "I~<" .)~~~ ;'·::·~;¿~;'t~·r"~.,:""", ,",hl ..i.....'t'~,·,-'~·-',:, ".' ~-'~:-'1~"":"'~'" "'. .;~, ~. :;,'::';'~'-:,t7 ~ . -"j' ".."-_...""'...........",-----_.......-'''',.,'',,. _O"'"'''''""'...,'__,....'''''''''"'''''''"''"'___''','''''''..~'''''-"~'''"'-"..''','''>'',''''''''' "nH,'",'",L'''",'....''''·''''''''·..''' ----_..,'-- 105 PAr.r 92 ~ 1 .~~ JUNE 16, 1987 that the School Board has not set their date yet, but she would like to set some tentative dates. She stated that there are five choices, but she would like to delete Choice *1 as the law says that it should not be earlier than 65 days and Choice *l would be 65 days. Commissioner pistor stated that Choice 14 woulð not be acceptable as the budget has to be adopted by October 1, and if October 1 is used as a public hearing date, there would not be enough time to make changes if they occurred. commissioner Goodnight moved, seconded by commissioner saunders and carried unanimously, that the tentative and final hearings dates ~e Choice '2, september 9 and september 21, or Choioe '3, september 10 and september 21 and if neoesaary, Choioe '5, september 17 anð .: .8,ep.tember 30, 1987. Item U.Fl f t t· DISCUSSION RE 6¢ SALES TAX REFERENDUM - NO ACTION TAIœN ~~..~... . County Manager Dorrill stated that this is simply a discussion item, adding that since the Legislature has passed the local 6¢ sales tax provision, ,there has been discussiors concerning deadlines,: He noted that he is in receipt of the·final bill and some description as to what is available,. adding that the duration for the money that can be used is for 15 years and while that money can serve as a pledge toward bond issues, it cannot be used to retire existing debt nor can it be \ised to provide property tax relief or user fee related relief. He stated that a full description of projects must be included that , 'i' ... ._~~i:' ".-~.. ~~.\ 'u\¡:Page' 42'1';.\ '- . , - - ii.. .. - "-_.---~"."'-"".'. JUNE l6, 19B7 are intended to be built and the money is generally intended for the construction of infrastructure or the reconstruction of the same type .. infrastructure. He stated that there are aliocation in formulas that need to be developed for the distribution of the money and based on the County's initial projections, the County would be enti~led to 85% of all the up to 6¢ that can be levied which in return would provide the County with about $11 million per year from the increased l¢, with , about $50,000 going to Everglades City and approximately $2 million' going to the City of Naples. He stated that having been associated .. '. '..' '.. ~ '- ... .. , I. with the last voter determined tax for the 5th and 6th cent gas tax, the County undertook a very successful public education program and developed the interlocal agreements that .were required and hed thé.rf~~"'··; full support of the Chamber of Commerce and local civic and homeowners p associations. He noted that the County will not be able to inform the public and de~elop all the informatio~ that is required for a ballot in the first week of September. He stated that as a result of this, he would like to have the summer to develop the necessary programs that are going to be developed and make a report and seek the direc- tion of the Board towards the later part of the summer and in the event that the Board decides to go forward with a sales tax referen- dum, his advice would be to defer it until March 8, 1988, which is the Florida Presidential Primary. Commissioner pistor questioned if an ad valorem capital gain tax '. ~', is inì~iated, would this sales tax prevent the County from rsmoving . . &OOK 105 PAf,f 93 Page 43 , , '.....,~.:..t.·, ..-:}, " . "~ --, '. '·:.i/ :.~¡. " ""<", . '.;' ....~~ .....Ú~,;..,ì " '~;:.I~~hNl·;':~' ",~ ~." , " '1' r;n'~'¢ , ".':~I'(' '",'" ',' , 'F~;" ':. :,_¿, ¡,Î: . .-Ji' . . ... } !, ~ ____.."~~,__L___...'-""'·..~-,· ". aOOK 105 PAGr 94 JUNE 16, 1987 this tax next year, to whicH County Manager Dorrill stated that this is one of the questions that needo to be resolved as well as the current ad valorem cepital fund that waS created this year. He stated that he does not know if the County would be bound to continue to have this or whether it could be replaced with the sales tax. Commissioner Pistor stated that he feels that this is very impor- tant because as much as the county will try to' convince the public that this is an equitable and profitable way to get the capital impro- vement money, some of the capital improvements have to be done anyway, and in the budget discussions this will have to be determined. County Manager Dorrill st~ted that he is not seeking any direc- tion, adding that he is simply stating what his initial perception of , the bill will entitle Collier. County to do, adaing th~t this could be a real boost to cities an~ counties in terms of building the '1 infrastructure that everyone would like to see. He stated that his ~'~~,~ncern is not to rush into this thing and lose in the polls as early as september. Commissioner Saunders stated that he would like to see some type _. r ... ,.. " of report from the County Attorney on the new legislation and what the prohibition on roll back of ad valorem taxes really means. He stated that he would like to see a copy of the bill. Item flOA VESTED RIGHTS FOR THE DEVELOPER OF THE FOUNTAINS - GRANTED County Attorney Cuyler stated that the Fountains is a project that was approved in 1973 and a site plan was approved in 1978 that allowed " Page 44 , ' . '- '-:.I .. - .-......"'."'.'..."'. JUNE 16, 1987 276 units and construction began in 1979. He stated that from 1979 to 1982, 156 units were constructed and at that time, the comprehensive rezoning was done and this project was down-zoned. He stated that the developer feels that they are entitled to construct the additional 120 units as they were allowed under the pre-1982 zoning. He noted that they were told at that time that since they had not acted on building permits and had not acquited building permits and had stopped construction voluntarily for a period of 6 years that the new zoning is the zoning in existence and they would, therefore, be allowed to build only 90 units. He noted that Mr. Silverio is present to ask if the Board would make some ty.pe of policy decision that would allow him to have the pre-1982 units which would be 120 units rather than the allowable 90 units. He stated that the Board directed the Zoning , ".K.'!.; Department to look at the issues and they feel if these projects are looked at individually that it is difficult t~ say that there is a ~ I j ~ serious detriroent based on increased density .~f 30 units because of ,",' ..':... traffic impact or any other zoning considerations, but the 1982 rezone was a comprehensive rezone and there was down-zoning allover the County and this was no diff~rent than any othl~r situation as far as that comprehensive rezone. He noted that the Zoning Department would also point out that under the point rating system in the current comprehensive Plan, the project would receive points for 0-6 units per acre and the current zoning on the property is RMF-6 which complies with t~e current Comprehensive Plan. . I. ". Page 45 . BOOK 105 PAr.[ 95 ,~:.., .:', : \ ì' \ 1/"'; ~' ;"'; '. . .~ ~. ~ t ," '. ;¡¡ :' l¡i;~ .'~ . '··'i~"",.;L';~, ,~.fr ".~',-t,.. . .'" .'~~;,f.'¡:':' ". \ " ,,::' ,_".,.,.,,_,="'''''''''';','..AA'.-¡;........ d __,.-'""".,..;,,,.;."",.".....""';ffl"''''''''"''''",. ,,_'''''''"'......~__'"'_'''____'".' ".'W aOOK 105 PAr.[ 96 JUNE 16, 1987 Mr. Mark Silverio, representing the Fountains, stated that the key point is that this request is specific and different and is limited to the facts of this particular case. He noted that their project started in 1979, which is about 60t finished. He stated that the deve- loper was allowed 276 units at that time and he built 156 of those units and put in site specific improvements; water, utility, and sewer, and stubbed to the building pads which cost about approximately $lOO,OOO to put in the infrastructure for the total 276 units. He stated that under the present zoning he is allowed to continue to build another 90 units and he would like to build the 120 units which he had a right to do before the ordinance went into effect in 1982. He reported that a letter dated March 2, 1982, indicated that the pro- '{~6b could build the 120 units, adding that he relie~upon that~ ~ f f letter.. He stated that he does not know of any other case like this one where a developer gets assurances from the County that he can ~ c·,·1t'X-·I . complete the project and is then precluded from completing it. He stated that he basically agrees with the staff's recommendation, but it assumes that' there is no project unãerway whatsoever, but the pro- ject is 60% completed, and the developer would like to have the oppor- tunity to finish it according to its original intent. Commissioner Pistor questioned if any work has been done since the lettel was received, to which Mr. Silverio stated that there was nothing else done at that time as they relied upon the zoning and going to the County and insuring that there was not going to be a .. ,·,'ì "" .(" Page 46 , i ,. ¡' ' :.~ ~ ," ., i ~ & " "-. " . - .".. .... .. - --,~..~....,..'''''. JUNE 16, 1987 problem. He stated thðt the property owner took no action to seeK vested rights under the ordinance because of r~liance on the County. He stated that if the property owner had to go back and redesign the system for the 90 units instead of the 120 units, it will cost him an additional $60,000 to reorganize his building plans. County Attorney Cuyler stated that thera is a legal theory which is estoppel and that concept is that if a daveloper comes into a 1 . County and has certain rights and relies on those rights or relies on representation of the County and then. makes substantJa]. ~xgen.diJ:urep , in reliance on those statements thst he then can vest his rights to continue along. . I ._~:a.~...~ In answer to Commissioner Pistor, Mr. Silverio stated that the . " letter was an assurance and because of eíonomic conditions, there was no further construction and now the property owner wants to finish his - project on the zoning that he was assured he had prior to the time he stopped construction. He stated that it is not unreasonable for a property owner to wait five years and still have his rights especially when he has expended $lOO,OOO for site specific infrastructure impro- vements on the property and had the assurances of the County. He stated that he is requesting relief for this particular property owner who relied upon County action and who is now anxious to finish the project according to the original site plan. He stated that the issue is an ddditional 30 units which staff recognizes is not a significant impact for traffic or otherwise. "..) I''>! aGOK 105 PAr.r 97 Page,47 '.ff., ~·v ,\.:'~ . "è~#~'!! ;~ ",;.. ;.: ~,;. r· .. ·~~<d· .;,~ ~'-' :/~, f(' .... ' . "',¡ ...../ . ' aOOK 105 PAGt 98 JUNE 16, 1987 Tap.. 18 County Attorney cuyler stateð that with regarðs to the letter that Mr. Silverio has referred to, that letter was written after the zoning , change and it stated that he was entitled to build 276 units which was correct and they could have continueð to build and gotten builðing permits. He noted that there is nothing that the County would have done at that time to stop them. He indicated that they were forced not to proceed because of economic conditions which was not the cause of the County and, therefore, the letter was valid at the time it was issued. He noted that the question becomes if this letter can be relied upon after four, five or six years have gone by and the building permits have still not been obtained. He, stated that his position would be that there is no longer a right to~onsider one vested under that zoning ~rior to 1982. He stated that there is also another point, which is that the County is not precluding them from ~"";~'t,?'-' constructing altogether, adding that it is only being said that they have to construct in accordance with the density this date which is 90 unÏ'ts'rlither than 120 units. ' He stated that the bottom line is whether the County wants to make a policy decision. Commissioner Saunders stated that the letter does not strengthen the C~~e at all because the zoning code states that this property is grandfathered in and the letter is only stating what the zoning says. He stated that he feels that there are other facts that do help this case. ,,,c .page 48 :~ . . - .. - _.~.._.~"'--<. " . " ;;-/~:rf;I\<1T ";'t ¡ ", 'j';W.;·,: ~t:.Ybbr.')J'.€i'1 <'{., -' (. ('. ~ }ç':, ' ';,,,..' t'''' ,.I" .JUNF;.l6, ,,1987 " . ~' ',',,< .:,.-L'^_' . "',~:J..'..~~ ._" Commi..ioner ,astor move4, seoørided by commis.i~ner Ra8...e,'" tha,t... ',' thhrequest be denied :'1nd there be no vest.ed rights. Upon call tor ... the question, the motion failed, (commissioners Glass, saunders and Goodnight opposed). commissioner Glass moved, seoonded by commissioner saunders, that the developer be allowed to build the 120 units without regard to establishing a polioy statement based on the merits ot this particular \ '. oase alone. County Attorney Cuyler stated that there is substantial amount of law 'that backs the County's "position on this matter ;addin9 that .wha::! tever the Board wants to do with this understanding, is up to the Board. '.," . ';';' ¡ " ,,:,ûfI" ; Upon call for the question, the motion oarried 3/2, (commissioner. Pi~~or and Hasoe ,pposed). Item U1A BUDGET AMENDMENTS 87-322/333 - ADOPTBD ~ J . '. ,~.. t' f'"' " commissioner saunders moved, seconded by commissioner Goodnight and oarried unanimously, that Budget ~endments 87-322/333 be adopted. ItelD ,11C BUDGET AMENDMENT RESOLUTION 87-034 - ADOPTED commissioner pis~or moved, seconded by commissioner Goodnight and oarried unanimously, that Budget Amendment Resolution 87-034 be adopted. I, , ,:,.!.~.,:~,(t\, , " ;""';'-':,' "'~. . 0~.bt:U~'~' . : ".¡: . "\ ':. t.¡ ,C;~J.' " ....'~ ~~1 '1 \~~" q 7' C '-1 ~:. '.~~: I" , '; ~ . . { ! ;' ;"' '''I:"~ r ,r n'" ;'''11 ':"n cc ~',"" ... .- , i._ aOOK 105 PAr.r 9.9 Page 49 .. .L~;:< [,hUi.t,,> :.1~. :!.';E.~~.:~ ~·:H.; ,1: :( i.;·l,[::~W v',u) " j ; " ' ":'.~ ::~:T.\t;::> !'/~r) ~, i ,. ~. r.! ~p~-:" , '~., l}, ':. : '; .~ : ~j , ,':. ,:. I". ¡ '. : '\.~ 1-,\ " '., Vt:P:·:;~ ( ~f ~. '.' .-;11 1T:.1· . ., [' i 1 ; \ :! ,.,"'~,~-,....~>~.,'~.."',"',,....,,"'.,,-_.~,.. -,,,,".--,,,.,"~,I'""""--'-'-"";''''~ .'. _" .__......-"'.,_ .. v JUNE 16, 1987 H /.. ,.\.~.~ ¡ «' j '~!:, ,o,:nl:,' " " I·t'. "12). : ... REQUEST FOR RECONSIDERATION OF PETITION R-86-16C, WESTVIEW PLAZA PUD - DENIED County Manager Dorrill stated that this is a request from the petitioner's agent for westview Plaza pun which was a commercial industrial PUD off Airport Road. He stated that they are requesting a reconsideration of that proposal. He stated that Commissioner ~ Saunders voted for this proposal and in the event that a date is to þe '"" set to consider a rehearing, a motion. would have to be~~d~ f;o@ 9n~ ~ of the other Commissioners. Commissioner Goodnight questioned the reasoning for reconsidering . ;1 ~-~Ae~.~~ this petition, to which County Manager Dorrill stated that typically the petitioner will approach one of the Gommissioners that voted against the application at that time and present some additional information. '.~..D Commissioner Glass stated that there have been several of the residents in the area that lost considerable amount of ground on what they wanted done and they have asked that this be reconsidered so that some kind of an agreement could be reached. commissioner Glass moved, seconded by commissioner Saunders, that Petition R-86-16C, westview Plaza, be reconsidered and be heard on AUgust 18, 19B7. Commissioner Goodnight stated that if people in the area want to hear this, she has no problem in rehearing the petition, but she aOOK 105 PAGr 101 Page 50 \ '. . " .,.,-",,--~--'"~~. ..... ~,~ ~-' /' 105 PAr.[ 102 ~ t " ') \' .. 1\\ ¡ ~ ' :, ; JUNE 16, 1987 understood that the neighborhood did not want this PUD approved. Upon oall for the question, the motion failed, (commissioners , Goodnight, pistor,and Hasse opposed). *** The following items were approved and/or adopted under the consent Agenda upon motion made by commissioner pietor, seconded by commissioner Goodnight, and oarried unanimously: Item t14Al RESOLUTION 87-140 RE LIEN TO ABATB PUBLIC NUISANCE ON PROPERTY OWNED BY EHIEL DlHAESE /tJ p... lð 9 See Page Item 114A2 RESOLUTION 87-141 RE LIEN TO ABATE PUBLIC NUISANCE ON PROPERTY OWNED .BY FRANK P. & ELIZABETH L. SCHMIDT tlð - /II $: f f : .....,1"" I i" See Page Item 114A3 RESOLUTION 87-142 RE LIEN TO ABATa PUBLIC NUISANCE ON PROPERTY OWNED BY YUOSSEF KHALIL KOURAD ABAS . See Page 11~_113 ,. , Item 114M FBSOLUTION 87-143 RE LIEN TO ABATB PUBLIC NUISANCE ON PROPERTY OWNED !!...!t~CHAEL G. AND LEANNA C. SANTO See Page II ¿J. - I IS- Item f14A5 RESOLUTION 87-144 RE LIEN TO ABATB PUBLIC NUISANCB ON PROPERTY OWNED BY EKILE & MICHELE ACHOUR See Page lIt - 117 .; :1..'''':' E¡'1 bt'~f,:; ( b;':~ . Item 114M ... RESOLUTION 87-145 RE LIEN TO ABATE PUBLIC NUISANCE ON PROPERTY OWNED BY WILLIAM G. & CHRISTINE K.H. CORDEY Page Sl '- ., ... - ,¡,.. .. "~-~""""""",,,,.'''''-'- '"'II~' '""'A""""''"'''''''''~''''''"''''-'''--'''''''''''''"'' JUNE 16, 1987 See Page J I ~ - 119 Item flU7 ,... AGREEMENT WITH APAC FLORIDA, INC. FOR CONCRETE CULVERT AS ARTIFICIAL REEl' MATERIAL See Pages l;J.ð- I~~ I.tem fUA8 AGREEKBNT WITH KURRAY' S WASHER , DRYER REPAIR FOR COKHERCIAL DRYERS AS ARTIFICIAL REEF MATERIAL See Pages / d.. 3 - I ~s Item flU9 ~ ... '... '. .'.~ '4', '... ... _ ,;# þ .- NRKD TO SUBMIT APPLICATION FOR NEW ARTIFICIAL REEF SITE AND TIME EXTENSION OF GRANT PERIOD See Pages I ~, - / ~-3 Item f14AlO . .. .~~.....:' . 1 CARNIVAL PERMIT 87-5 TO SWAMP BUGGY DAYS, INC. AT THE FLORIDA SPORTS PARK, FEBRUAR~ 5 THROUGH FEBRUARY 15, 1988 See Pages I¢t¡. - 1~3 Item f14B1 FEASIBILITY REPORT ACCEPTED AND PUBLIC HEARING TO BE HELD JULY 28, 1987 TO CREATE THE GRIFFIN ROAD PAVING ASSESSMENT DISTRICT Item f14B2 FLEET MANAGEMENT BUDGET INCREASED BY $100,000 THROUGH AN INCREASE :IN ~UES Funds are available as the result of increased revenue originating from motor pool maintenance and outside billing for parts. Item f14B3 . RESOLUTION 87-146 , DEED AUTHORIZING CONVEYANCE OF A PARCEL OF TURNER RIVER CANAL AT S. R. 84 TO THB FLORIDA DEPT. OF TRANSPORTATION Page 52 aDOK 105 PAGE 103 ¡: I I ¡.', r ~ u·: ,....,,-........- ",'.~,,,.,. "'""...,"'_.....",..._..~'"..-"..~""'_e,'""''''..'''..'''''''...''''''<-^·""~.',...,~""':.~,;"',,"'" 105 PAr,tl04 JUNE 16, 1987· ¡ I tJrn-! See Page ,¡ ftJ t?- I" 7 . 1tem'f14B4 KODI~ICATION TO AGREEMENT FOR CONS~RUCTION AND KAINTENANCE OF SUBDIVISION IKPROVEMENTS ~OR HARCO,SRORES Substitution of properties offered by Deltona Corporation accepted. Chairman authorized to sign. See Pages I~f'- lð7ð Item f14BS APPROVAL OF FINAL PLAT OF VILLA ~LORESTA AT WYNDEMERE, PHASE I , 11 See Pages Maintenanœ agreement rot received in Clerk to Board office as of .JUJe 1:4, 1~8¡. Item f14B6 MODULAR BUILDING TO LE PURCHASED WITH APPROVAL OF ASSOCIATED COSTS AND BUDGET AMENDMENT FOR SECONDARY ROADS CONSTRUCTION OFFICE AT CR 31 AND ORANGE BLOSSOM DRIVE - $30,200.00 Item f14B7 SUPPLEMENTAL AGREEMENT TOôANNUAL CONTRACT PER BID PROPOSAL 86-986 (ROADWAY PAIN'l'ING) TO INCREASE THB AMOUNT OF WORK ALLOWED AT THE EXISTING UNIT PRICES - $20,000 See Pages I:OCtJot:Nr'ror RECEIVED IN CLERK TO BOt\RD OFFIŒ IS OF JœE 24, 1987 Item fUCl ~. ..;«£.,.....- ~.ADVANCE.ON.FY a987/88 COUNTY HATCH OP OLDER AMERICANS ACT TITLB II1-B' -. $30,747 Item f14Dl . ACCEPTANCB O~ UTILITY EASEKENf FOR NORTH NAPLES WATER TRANSMISSION MAIN ~.'ROJECT " ,',' ",'.' ,:" See pages O.R. Book 1275, Paqes 1506-1510 Item f14D2 ACCEPTANCE OF UTILITY EASEMENTS FOR ARNOLD INDUSTRIAL PARX FORCB MAIN l ;' ;¡\ r~" :-.1:,: ~1!1tj~!!IJt~..J<V{j ... Page S3 ,", , . i~ ¡,' " ' " ) ,;, :I.', .. . - .. "',.,~----.,."'~ ~""""'~ JUNÉ'l6,il987 See Pages O.R. Book 1275. paqes 1502-1505 Item U4D3 ... AGREBMENT FOR SBRVICES TO PROVIDB DIVIDBR W~LLS WITHIN THB NBW UTILITIES DIVISION OFFICB SPACB - $11,895.00 Appropriate budget amendment to be made to transfer funds to Utilities Budget in the amount of $l2,895.00. See Pages I f 1- /t;-7 1tem f14Gl CERTIFIC~TES OF CORRECTION TO THE T~X ROLL 1986 TAX ROLL 200 June 4, 198?, : [, 'J c.' ,,~; :r; i!;;,:;r;~~:' .kt' , TIME FOR INMATB NOS. 48è1t, 1''''2, 1098, 53785, 5i.22, U1 53178 Item f14G2 EXTRA G~IN 51130, and .\ Itein U4G3 S~TISF~CTION OF LIENS FOR SBRVICES OF THE PUBLIC DEFENDBR See Pages Æ - ~o 7 .' ; '" .- ..., ~ l-- ';:.' , Item tUG KISCELLANEOUS CORRESPONDENCE FILED AND/OR REFERRED There being no objection, the following correspondence was filed and/or referred to the various departments as indicated below: 1. Letter dated 06/08/87 fro~ Douglas L. Fry, Environmental Supervisor, DER, enclosing short form applications File Nos. lll350955 and 111352235, which involves dredge and fill acti~ vities. Referred to Neil Dorrill, Dr. Proffitt and file~. 2. Memorandum dated OS/20/87 to Thomas Crandall, utilities Director from Ronald F. Cook, CPA, enclosing County . Water-Sewer District Interim Financial statements for the period ended March 31, 1987. Referred to BCC, Lori Zalka and filed. ;:~,:: Ì'89~'~ 54 '. 'e;:.J . '" ; : ~ ~ :~ ~ 105n\.!105 , ' ... 105m-r 106 Î :,.) :11 1 \,1\. . i : ....<!t'1'" , JUNE'l6,1987 3. Memorandum dated OS/20/87 to Thomas Crandall, utilities Director from Ronald F. Cook, CPA, enclosing Goodland water District Interim Financial Statements for the period ended March 3l, 1987. Referred to BCC, Lori Zalka and filed. 4: Memorandum dated OS/20/87 to Thomas crandall, utilities Director from Ronald F. Cook, CPA, enclosing Marco Water and Sewer Interim Financial statements of the period ended March 3l, 1987. Referred to BCC, Lori Zalka and filed. S. Memorandum dated OS/20/87 to Ken Pineau, Fleet Management Director, from Ronald F. Cook, CPA, ericlosing Fleet Management/Motor Pool Interim Financial Statements for the period ended March 31, 1987. Referred to BCC, Lori Zalka and filed. 6. Meworandum dated OS/20/87 to Doug Greenfield, EMS Director, fr~m Ronald F. Cook, CPA, enclosing EMS Interim Financial statements for the period ended March 31, 1987. Referred to BCC~ Lori Zalka and filed. 7. Memorandum dated OS/20/87 to Robert Fahey, Solid Waste Director, from Ronald F. Cook, CPA, enclosing Solid Waste Disposal Interim Financial Statements'for th~ period ended ~. March 3l, 19~7. Referred {o BCC, Lori Zrlka and filedt 8. Letter dated OS/29/87 from Governor Martinez, enclosing copies of resolutions adoþted by Lee and pinellas Counties concerning the US Dept. of the Interior's plan to include FL waters in its s-year OC9 oil and gas leasing program. Referred to BCC, Neil Dorrill, Dr. Proffitt and filed. 9. Copy of Agenda received 06/08/87 of the June 16, 1987 Agenda for FL Land & Water Adjudicatory Commission. Referreq to Neil Dorrill, Dave pettrow and' filed. 10. Minutes: A. 05/l6/87 - Marco Island Beach Renourishment B. 06/10/87 Water Management Advisory Board Agenda C. 06/05/87 - Board of Adjustment and Appeals 11. Petition received OS/29/87 requesting County Commission to construct a walk and bicycle path from Tamiami Trail South to Marlin Drive from residents of Land Yacht Harbor, Royal Park Villas, Malaleuca Village, Rivard Road, Sand piper Bay, Royal Arms Villas, and Royal Arms villas Extension. Referred to BCC, Neil Dor~ill, George Archibald and filed. ... 'ì n'l.pag~ \ SSa -1,1, . ., . '- If .r .. ., . - .. - ... JUNE 16, 1987 12. Received 05/08/87 Public Service Commission Docket 'No. 870406-SU, Or~er No. 17659, Issued 06/04/87, regarding Request by Windstar Development Company for Exemption from Jurisdiction of Florida public Service Commission. Referred to Bruce Anderson, Tom Crandall and filed. ." 13. Memorandum dated 05/13/87 from sheriff Aubrey Rogers attaching 5 year Capital Improvement plan. Referred to BCC. *** There being no further business for the Good of the County, the meeting was adjourned by order of the Chair - Time: 1:00 p.m. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX'" ,,:¡ OFFICIO GOVERNING BOARD(S) OF SP£CIAL DISTRICTS UNDER ITS . CONTROL '. ',' '. '. ~ '. ... ... - ~~-;., q , ;: ! [: 'r ,¡;: . ~ ~ " .' .. ATTtsrr: I . J~ ~{¡ GILES, CLERK ".1:".-""<:>,:,' ~"iL~>('':' , /i:d;;" ',' t' ~. " dL~,(}~ ..~o-: ~ - -¿7. :- " ",? "', The~e) miputes approved by the Board on . ". ". 1£'" -J '.. ~ ' "" ....~.,è!!~tre'~~~teä or as corrected f I ~~:,^ " 1+.:L{.<.p./7 ;),./ . - " 1 ! . : : J . ~. i ( ;:, ., . ! F "', '.~; i. (, J : ,,~,.'~~," J~q' , , ~: J"i l ~ ,~' i'.'~'; ~ ~:; : ,)i<j'&i.. .. Page 56 !OOK l05С;~ 107 . ~ ::1 ~ ~:) :' .;, í r ~ .J'. '.-;:! ./:;.:, :1'- ,i .. . ~ ; .¡.... . ,} ¡ ., . ....- ,¡: '}j. ,.' !,! ,~~L ¡'~~, f (, ~ j ~,' . ,) ,;~"~" T ,'\ ("ì ; ~ ,,' " , , . .:::~{;f~· . ". ..: l'¥' 1" , :< .~-iÌ". '¡, - ~~ \. ,,'''r' ", .'t~ "