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BCC Minutes 05/12/1987 R Naples, Florida, May 12, 1987 LET IT BE REMEMBERED. that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, me~ on this date at 9:00 A.M. in REGULAR SESSION in Building "FH of the Courthouse Complex, East Naples, Floriða, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Arnold Lee Glass Burt L. Saunders Anne Gooðnight ABSENT: John A. Pistor ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Beverly Kueter, Deputy Clerk; Neil Dorrill, Acting County Manager; Ken Cuyler, County Attorney; Tom Crandall, Utilities Administrator; George Archibald, Public Works Administrator; David Pettrow, Community Development Administrator; Ann McKjm, Planning/Zoning Director; David Weeks and Robert Duane, Planners; Kevin O'Donnell, Public Services Administrator; Clifford Crawford, Parks & Recreation Director; Joseph Magri, Building Code Compliance Director; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. aODK 104 PAGE 227 ~'t " '," . ' '0' ~~~k Page 1 ¡ ! ¡ ! -..;;... '" '''',' ",:J". ;.' :,,\ ,.,. ". ,.~'\'. .'~;':,- ~;\ . ~:i.. ,t;> r', 1:, 'ft";·X '~-' \;~r." aOOK 104 PAGE 232 Tape '1 Item '3A MAY 12, 1987 AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES Acting County Manager Dorrill and County Attorney Cuyler requested the following changes to the Agenda: Petition R-86-30C re Whispering Pin~s be heard imme.diately fOllowing. the pcoclamat.ians.. Delete - Request for Marco Island Beach Renourishment Referendum Item #6B3 Item #9Bl Item #l2B Item # l4Al Item #lOA Item #lOB Item 'SA Add - Extra Grain Time for Inmate Nos. 25111 and 29571 ~ote - the resolution indicateð in the backup mate~ial for the Agreement with G. Stover Marine is not needed. Delete - discussion of pending litigation on Riveria Fountains at petitioner's request Add - Consideration of Agreement between Golden Gate Fire Control District and the County relating to Avatar funds. EMPLOYEE SERVICE AWARDS - PRESENTED Chairman Hasse rresented an Employee Service Award to the following employee: Gail Beck Item fSB Facilities Management 10 yrs. PROCLAMATION RECOGNIZING MAY 1~ - 30, 1987 AS NEW HORIZONS FESTIVAL _ ADOPTED Following the reading of a Proclamation regarding New Horizons Festival, commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, thct the proclamation be adopted. ,'" .. Page 2 .. - ,ttr .., -". f.L\¡t; \~?..,-;~ ',.. §~:j, r, 'o_,:~04 PAGt234 . t;:' >':'~ . -' .' '" <'."" :;., '::';:<':;.<.¿~ ,': , MAY 12, 1987 Y ",if.I't:j)Ví '\ "V'S'Ïtû ::150 ;/..~\..,.!. "',; ',i' PROCLAMATION RECOGNIZI:t\G 1aY 22 .AND 23, 1987 AS "POPPY DAYS" - ADOPTED Following the reading of a Proclamation regarding Poppy Days, Commissioner Glass moved, seconded by commissioner Goodnight and carried unanimously, that the proclamation be adopted. Page 3 ~ - - - ,..~),~ ~,.'" ~\ .~ I, r .,.1"" \, *tèJDà '. 'B~',: " :, REQUESTPOR CONTINUANCE OF ~ETITION R-86-30C, CONLEY & BAKER REPRESENTING WHISPERING PINES - DENIED ~ BEE LATER ACTION MAY 12, 1987 -" , Attorney James Scarborough, representing the petitioner, stated they are requesting a continuance in order to complete a more thorough study of water supply and traffic impacts for this proposeã develop- ment. He stated that because of concerns expressed by Staff and the general public, the petitioner has hired consulting engineers to complete these in-depth studies within 5 weeks. County Attorney Cuyler stated that if the basis of the request for the continuance is factual matters that the petitioner is presenting, the Board will need to evaluate if there is any merit to the con- tinuance. He said that last week a question of continuance on a zoning petition arose because there were only 4 Commissioners present. He advised this issue has been researched and it is not a right, of law, that a continuance be granted for this reason, although the Board has granteð continuances for this reason in the past. In answer to Commissioner Saunders, Planner Duane stated that the Staff has sufficient information to proceed with this petition today. commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that Petition R-86-30C, Conley & Baker repre- senting Whispering Pines, Inc. requesting a continuance be denied. Commissioner Saunders suggested that the Commission return to the original agenda and this item be heard in 1ts proper order. Page 4 .. -- - --- MAY 12, 1987 Item f6B1 ORDINANCE 87-30, PETITION PDA-87-2C. COASTAL ENGINEERING CONSULTANTS, INC., REPP~BENTING CROWN POINTE, REQUESTING AN AMENDMENT TO THE LOCH LOUISE ,PUD - ADOPTED WITH STIPULATIONS Legal notice having been published in the Naples Daily News on April 3, 1987 as evidp-nced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending' Ordinance 84-90 which established the Loch Louise PUD. This petition was continued from May 5, 1987. Planner Weeks stated that the proposed amendment to the Loch Louise PUD is fOë the purpose of changing the name of Loch Louise to West Crown Pointe, to change the ownership of the project from J. Dudley Goodlette and Joseph D. Bonness, Jr., Trustee to Forest Lake Venture; to amend Section 3.3E to allow for greater variation in the location of structures, roads, lakes and tract boundaries; to amend Section 4.6.2 to eliminate the setback requirement from the Florida Power and Light easement; and to amend the Master Site Plan to reflect these changes. Mr. Weeks stated that lands to the north, northeast, and south are undeveloped; land to the east contains å plant nursery; and lands to the west, across the FPL easement, are single family residences in the Kings Lake PUD. He statéd the subject property is designated as urban ,and the uses requested are permitted. He also stated that the pro- posed amendments do not change the land use intensity or density. Tape f2 ~~ 104 FAGE 237 Page 5 aoO( 104 pm 238 MAY 12, 1987 Mr. Weeks stated that the CCPC recommended this petition for approval on March 19, 1987 with the added stipulations that I) the proposed variation to the location for roads, structures, and lake and tract boundaries shall remain at 100 feet and any additional variation maoy be' pe-rmit too, 3Ubj,ectI-"t'O' appz¡ova),); ~,. ~Ì'Te'.' '2onin9'l' Di,rector:';, , and! 7!'f rract "J" shall have a rear setback of a minimum of 15 feet with a landscape buffer wherever Tract "J" is opposite single-family tracts in ,the King's Lake PUD. Mr. Weeks advised that two persons spoke in opposition to the set- back reduction proposed along the FPL easement. He said two letters and one petition containing approximately 32 signatures have been received objecting to this petition. Mr. Weeks noted that although it is not part of the petition, the public has brought forth an objection to the location of the temporary sewage treatment plant. Mr. Weeks stated that this has not been addressed by Staff because it is not part of the petition request. He said that there is capacity in the Lely Sewage Treatment Plant on a first come first served basis and if the Lely plant is not available to this development, a temporary treatment plant will need to be installed. In answer to Chairman Hasse, Mr. Weeks stated that the original PUD document allows for the temporary treatment plant to be located anywhere on the property with the exception of the lake area. Mr. Weeks stated Staff recommends approval of this petition sub- ject to the CCPC ~tipulations. Page 6 I >~. MAY 12, 1987 Mr. Kris Dane, Coastal Engineering Consultants, Inc., stated that most of the proposed changes are to keep the records in order. He said the item which prompted the request for a change is to facilitate the linking of roads which were approved in Loch Louise with the roads in Crown Pointe. He stated that while reviewing the PUD it was noticed that there i~ a required 35' setback from the FPL easement. He stated that since the FPL easement causes a separation of 110' there is no need for the setback requirement. He stated they are proposing a zero setback in this area. Mr. Dane stated that the sewage is proposed to go to the Lely Treatment Plant and additional force mains have been constructed. He atated it is his underscanding that the Lely Plant has the capacity ~vailðble and the temporary plant will probably never have to be constructed. He stated the water supply will come from Davis Blvd. and the design of the main extension is under way and Utilities Administrator Crandall advised water is expected to flow through the extension in January. Mr. David Leigh, Attorney for the Kings Lake Homeowners Association,' stated there are three issues of concern to the residents of Kings Lake: I) sewage treatment plant, 2) setbacks, and 3) buffer zone. He stated that they would like the sewage treatment plant to be rcstricted to a centr~l location on the property rather than a tract ',~rbu'tit;:iong .'~ ,FPL" -easement.. ,,·tie ceques,teë, , rthe,t ,the ,'35 · ,.setback· x:emain throughout the project. He also requested that a buffer be placed BOOK 104 PAG£ 23.9 Page 7 lOOK 104 PAGr 240 MAY 12, 1987 along the condominium areas, as well as the single-family areas. Mr. Dane stated that the only thing that is important to the peti- tioner is to connect the roads in Loch Louise and Crown Pointer He stated that if the sewage treatment plant or the buffers are such I!!I I~Hge problem, the petitioner is willing to leave the PUD document exactly as it is and withdraw the amendment request. In answer to Commissioner Saunders, Mr. Leigh stated he would have to check with his client to see if that solution is acceptable. ~~~ RECESS AT 9:50 A.M. RECONVENED AT 10:00 A.M. ~.~ Mr. Dane advised tha Board that the petitioner and the Kings Lake Homeowners Association have reached an agreement as follows: I) the temporary sewage treatment plant and related facilities will be limited to Ðt least 150' from the Kings Lake property line; 2) the setback in Tract "J" will be at 15' with a buffer where Tract "J" abuts Kings Lake single-family residences; and 3) the setback will remain at 35' everywhere else within the project. Mr. Weeks stated that Staff concurs with this agreement. The following Kings Lake residents spoke against portions of the petition and asked questions about the agreement: Ms. Barbara Sweeney, Mr. Joseph Stude, Mr. Tom Schmitthausler, Mr. Edward O'Donoghue, and Mr. Carle Lindsly. Tape f3 Mrs. William Polombo, representing the Lely Civic Association, Inc., submitted and read a letter from the Association stating their Page 8 , .. - - ..... v .~ ""___"~"'>'''';''"'_''''_'''_'~_'"'''''''''''"'''''''_~;''''''_'''''''"'~'_'d',_"'=_'_''''_' ",_ MAY 12, 1987 I concerns ðnd requesting help on matters of water supply ðnd water press~re. Mr. Mark Simmons, Kings Lake Homeowners Association President, etðted that the Association feels the residents have gained something positiye in the agreement. Commissioner Saunders moved, seoonded by Commissioner Glass and carried unanimously, that the pUblic hearing be closed. Commissioner Saun~ers moved, seconded by Commissioner Glass and carried unanimously, that the ordinanoe as numbered and titled below be adopted and entered into Ordinance Book No. 27 subjeot to Staft stipulations and the agreement between Petitioner and Kings Lake to maintain the 35 foot easement in Tracts "E" & "F"; a 15 foot easement in Tract "J" with buftering of abutting single-family lots; and the :~ temporary sewag~ treatment plant shall not be located at any point less than 1S0 feet from the Kings Lake property line. ORDINANCE NO. 87-30 AN ORDINANCE AMENDING ORDINANCE 84-90, WHICH ESTABLISHED THE LOCH LOUISE PLANNED UNIT DEVELOPMENT; AS AMENDED BY ORDINANCE 86-3; AMENDING LIST OF FIGURES; AMENDING SECTION 1.1; BY CHANGING THE PROJECT NAME TO WEST CROWN POINTE; AMENDING SECTION 1.3, REFLECTING A CHANGE IN PROPERTY OWNERSHIP; AMENDING SECTION II, STATEMENT OF COMPLIANCE, AMENDING SECTION 3.2, GENERAL; AMENDING SECTION 3.3, PROJECT PLAN AND LAND USE TRACTS; AMENDING SECTION 3.4 PROJECT PHASING; AMENDING SECTION 4.5C) SPECIAL USE; AMENDING SECTION 4.6.2 MINIMUM YARDS, RESIDENTIAL TRACTS; AMENDING SECTION 8.1 AND 8.5 RELATING TO UTILITIES AND DEVELOPMENT STANDARDS TO REFLECT THE CHANGE OF THE PROJECT NAME; AMENDING SECTION 9.1 AND 9.6 RELATING TO EXEMPTIONS FROM THE SUBDIVISION REGULATIONS AND BPECIAL REQUIREMENTS ,TO REFLECT .THE ,,'ÇAA'NGE1OF"1I'HE,"''PROJECT' <N~;1\MENDn:¡G 'SE<:TION 10.1 RELATING TO DEVELOPMENT COMMITMENTS TO REFLECT THE Page 9 BOOK 104 PAGt 241 , , ..'¡ ~,~:...: t. ~ ! ¡ ¡ t: ~ f:J.~, ,.. , '"',' .. " }, l ~:. 'i ~. ~.;~ " """--..."",.- , , $OOK 104 PAGE 242 MAY 12, 1987 CHANGE OF THE PROJECT NAME; AMENDING SECTION 10.2 RELATING TO COMPLIANCE WITH MASTER SITE PLAN TO REFLECT THE CHANGE IN PROPERTY OWNERSHIP; AMENDING THE PUD MASTER PLAN AS SHOWN IN EXHIBIT "B" TO ORDINANCE 86-3 TO CHANGE ROADWAY DESIGN IN TRACT I AND TO REFLECT THE CHANGES IN PROPERTY OWNERSHIP AND PROJECT NAME; AND PRO\1~j)'LNGr,,\N· 3E'~EOl\J.VZ.' DATE..., ",' ¡ ; ,J . ~ Ji .', b:;¡· r ~J r ,Page 10 aOOK 104 'J~( 244 Item '6B2 MAY 12, 1987 ORDINANûB 87-31, PETITION R-86-27C, COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING CROWN POINTE, REQUESTING A REZONE FROM A-2 TO PUD !-NOWN AS CROWN POINTE - ADOPTED WITH STIPULATIONS Legal notice having been Published in the Naples Daily News on April 3, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a rezone petition from A-2 to PUD known as Crown Pointe PUD. This petition was continued from May 5, 1987. Planner Duane stated that this petition is requesting development of 235 single-family dwelling unit3 and 96 multi-family dwelling units for a total of 331 units. He stated the project is located on Davis Blvd. approximately 1.8 miles east of the intersection of Davis Blvd. and Airport Roads and contains approximately 80 acres. Mr. Duane stated that lands to the north and south are undeve- loped, to the east is a convenience store, and to the west is a plant nursery. He stated the petitioner has included a 20 foot buffer along Davis Blvd. and landscaping will surround the perimeter of the multi- family tract. Mr. Duane advised that the petitioner had originally proposed 3.98 acres of commercial use, however, he has changed that request to multi-family dwelling units. He stated the multi-family units will be two-stories in height. He noted that this petition also has a pro- vision for a temporary sewage treatment plant which was requested by the Utilities Department. Page 11 .. .. .. '__e.....".,"_'~,....__¡,.;_.._...._____......"'_,_~_.._~~~___.._,~. MAY 12, 1987 Mr. Duane stated that the CCPC held their public hearing on March 19,' 1987 and unanimously recommended approval of this petition subject to Staff's stipulations. He stated one person spoke in opposition at the CCPC hearing and a petition containing 32 signatures against the project has been received. He said the primary objection is the pro- posp.d location of the sewage treatment plant and oxidation/evaporation ponds. Mr. Duane stated that the petition complies with the Comprehensive Plan and Staff recommends approval subJ~ct to stipulations. Mr. Kris Dane, Coastal Engineering Consultants, Inc., stated that thiH project will be primarily single-family with some medium density mUlti-family along Davis Blvd. He stated that he understands there will be some restrictions on the issuance of Certificates of Occupancy based on the availability of potable water. He stated that the peti- tioner has agreed to implement one mile of the SFWMD District #6 Proç¡ram. Tapn #4 Commissioner Saunders moved, seconðed by Commissioner Glass and carr.ied unanimously, that the public hearing be closed. Mr. Duane reminded the Board that this petition is a conceptual plan. Commissioner Glass moved, seconded by Commissioner Saunders and ;çe.n:i.~d. ~nani:mous'l'Y ,.;"th-a~,'~, ''O'J:'C1'5:n6tK:e,.'tis ''I1tnnberet1:-.na, it-~d,;~ow be ~dopted and entered into Ordinance Book 27, subject to Staff stipu- aOOK 104 PAG£ 245 Page 12 "~>"'--"''''''''--'''-''~'' ~'''''''-"'''"-''''- ."d~'_,q",,,,,,_ ~ .... k"'__,,,,,~,,,,,_,,,,,, 4____~_'".~~""',__....< 104 PAr,r 246 MAY 12, 1987 lations and an additional stipulation that Certificates of Occupancy be predicated upon potable and fire flushing water availability. ORDINANCE NO. 87-31 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSI.VE., ZONING REGULA.TIONS FOR THE. UNINCOR- PORATED AREA OFCO~nIER COUNTY; FLORrDA'a~' AMENDING THE ZONING ATLAS MAP NUMBER 50-26-3 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DAVIS BOULEVARD (SR 84) APPROXIMATELY 1.8 MILES EAST OF AIRPORT ROAD, IN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ± 81.45 ACRES, FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT, KNOWN AS CROWN POINTE, FOR 331 DWELLING UNITS AND PROVIDING AN EFFECTIVE DATE. Item. #6B3 PETITION R-86-30C, CONLEY' BAKER REPRESENTING WHISPERING PINES, INC., RE UESTING A REZONE FROM A-2 TO RSF-3 - CONTINUED TO JUNE 2 1987 Legal notice having been published in the Naples Daily News on April 10, 1987 as evidenced by AffJdavit of Publication filed with the Clerk, public hearing was opened to consider a zoning reclassification from A-2 to RSF-3 for Whispering Pines. This petition was continued from May 5, 1987. County Attorney Cuyler explained that there had been a request for continuance of this petition and the Planning Staff indicated they have enough information to proceed. He advised the Board denied the continuance request. Attorney Frank Baker, Conley & Baker, stated that the reason for the requested continuance is to allow the developer time to address concerns which have been raised by the public in regard to traffic " Page 13 ¡.; )', í 0·::. __'''''"'.A__.._.'._~,,"_. ··""·"."'·~·."o.~"_._.", - - - MAY 12, 1987 impacts. He stated that this property can be properly rezoned, however, the question is whether it can be connected to Imperial Golf Estates. He said some people are saying it cannot, however, he feels the developer needs the opportunity to present the proper facts. Mr. Baker suggested that the Board take testimony from the people present today and reserve ruling to allow the developer to submit rebuttal information. In answer to Chairman Hasse, M~. Baker stated the petitioner pro- poses to have thp. main entrance and exit to Whispering Pines on Livingston Road with an additional entrance and exit into Imperial Golf Estates. He stated that since there is only one access point' to Imperial Golf Estates from U. S. 41, this proposal will afford that subdivision an additional ingress and egress for emergency purposes. Mr. Baker stated that the petitioner has the right to access con- tiguous property, however, residents of Imperial Golf Estates seem to feel that this will create a thoroughfare in their subdivision. Commissioner Goodnight stated that the County's Master Plan shows ' that Airport Road will eventually extend through the area being pro- posed for Whispering Pines. She said she is concerned that people will buy property in Whispering Pin~s not knowing that this road will eventually go through their subdivision. She also stated that the old ,PUD "documentsbows t.hat Whispering Pines already has an exi t into the Palm River Subdivision, and the developer has the right to create this access anytime without coming before the Board. &OOK 104 p~(·r 247 Page 14 , .----- " :¡.. b:., r';' ~", -z' c~'A' ~, ' .~ ~~ BOOK f ", .,!>, " \T¡ 104 PAG( 248 MAY 12, 1987 Commissioner Goodnight stated that the developer has only had 17 working days to address the CCPC concerns which caused a recommen- dation for denial and she would like the item postponed. She also stated that she will not vote for an extension into Imperial Golf Estates. In answer to Commissioner Saunders, Public Works Administrator Archibald stated that Livingston Road is currently in the design phase, which will take from 18 to 24 months to complete. He said that if it takes two years to get this road under construction, it will not be completed until 1989 or 1990. Commissioner Saunders stated that there seems to be a question as to whether the developer has a legal right to access Imperial Golf Estates and he does not feel the Board should attempt to address an issue which may end up in court. He stated that he has no problem with the rezone itself, but could not vote for the connection. Commissioner Glass stated that he is prepared to vote today, pro- viding the connection to Imperial Golf Estates is excluded. Mr. Baker stated that the þroperty is land-locked as it currently exists. He stated that if a continuance is granted, the developer will study the matter further and bring alternatives back to the BCC. He noted that at that time, they will establish their legal right to access contiguous property to the Board. Commissioner Saunders suggested that the petitioner could meet with Mr. Archibald and help expedite the construction of Livingston Page 15 .. - - '-..._-_·_""··__.....""_"._.,"'"w.~.. Road. MAY 12, 1987 In answer to Commissioner Saunders, County Attorney Cuyler stated that even if the petitioner establishes a legal right of access, there are etill planning and zoning considerations that will be involved. Tape IS The fOllowing Imperial Golf Estates residents voiced their objec- tions to access through their subdivision: Mr. Edward Malone, Mr. Frank Rich, and Mr. Larry Brown. Mr. Jack Jenkins, Palm River Homeowners Association, stated that the issue of traffic being routed through Palm River has been glossed over and advised that they are prepared to fight the issue. Commissioner Saunders moved, seconde~ by Commissioner Goodnight and carried unanimously, that Petition R-86-30C, Conley & Baker repre- . senting Whispering Pines, Inc. requesting a rezone from A-2 to RSF-3 be continued to June 2, 1987. *** RECESS AT 11:15 A.H. RECONVENED AT 11:25 A.M. *** Item UCl ORDINANCE 87-32 REPEALING THE MARCO ISLAND FIRE CONTROL MUNICIPAL SERVICES TAXING DISTRICT - ADOPTED Legal notice having been published in the Naples Daily News on April 23, 1987,as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance repealing Collier County Ordinance 77-39. County Attorney Cuyler stated that this ordinance ~s no longer aoo~ 104I'A(,t 24,9 Page 16 l ~ ¡ ^····_·"·_.IIH~.'_.., ~'~.~"'"-------"'-_.,~.- aDDK 104 ,,,t;£ 250 MAY 12, 1987 relative to County business. He explained that the Florida Legislature adopted a Special Act in 1965 which created the Marco Island Fire Control District as an Independent District. Commissioner Saunders moved, seconded by Commissioner Glass and o~una.nill1ous.1.y,. t.ha.t.- the, public" hea:r.ing.be..a.lo-sed_" Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that the 'ordinance as numbered ana titled below be adopted and entered into Ordinance Book No. 27. ORDINÄNCE NO. 87-32 AN OrtDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 77-39 WHICH ESTABLISHED THE MARCO ISLAND FIRE CONTROL MUNICIPAL SERVICES TAXING DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE Item I6C2 ORDINANCE 87-33 REPEALING TH~ ISLE OF CAPR! STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT - ADOPTED Legal notice having been published in the Naples Daily News on April '23, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance repealing Collier County Ordinance 84-10. County Attorney Cuyler explained that Ordinance 84-10 not only formed the Isle of Capri Street Lighting Municipal Service Taxing Unit, but also called for a referendum vote to pass a levy to fund the MSTU. He said the election was not successful and Ordinance 84-10 is no longer needed. ¡;f" : 'J'. Page 17 - ... .. .. - '·~--''''·''W^-'-''''''_·;·""..",,·_--..,·"~C'''~.._,.w ~'-_....-....... IJn: f~":: ,~,f,"'"",' ",}. ; ¡~"""" .' ". :(1'." , 'If' , J:: .~'=. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that the public hearing be closed. Commissioner Glass moved, seoonded by Commissioner Saunders and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 27. MAY 12, 1987 ORD1NANCE NO. 87-33 AN ORDINANCE REPEALING ORDINANCE NO. 84-10 WHICH CREATED THE ISLE OF CAPRI STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE Item '6C3 ORDINANCE 87-34 REPEALING THE BONITA SHORES AND LITTLE HICRORY SHORES STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT _ ADOPTED Legal notice ~~ving been published in the Nñples Daily News on April 23, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance repealing Collier County Ordinance 84-48. County Attorney Cuyler stated that Ordinance 84-48 called for a referendum vote to pass a levy to fund this MSTU. He said the elec- tion was not successful and Ordinance 84-48 is no longer needed. Commissioner Saunders moved, seconded by Commissioner Glass and carr.ied unanimously, that tho public hearing be closed. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that the ordinance as' numbered and titled below be adopted and entered into Ordinance Book No. 27. BOOK 104 PAGE 251 Page 18 , '---"'-'--"'"''"'''~-- .... _"'........_".,.,~~'O>.,~"_ BOOK 104 f'At;~ 252 MAY 12, 1987 ORDINANCE NO. 87-34 AN ORDINANCE REPEALING ORDINANCE NO. 84-48 WHICH CREATED THE BONITA SHORES AND LITTLE HICKORY SHORES STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE Item '6C4 ORDINANCE 87-35 REPEALING THE PINE RIDGE SUBDIVISION STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT - ADOPTED Legal notice having been pUblishéd in the Naples Daily News on April 23, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing W~s opened to consider an ordinance repealing Collier County Ordinance 84-69. County Attorney Cuyler stated that Ordinance 84-69 called for a referendum election to pass a levy to fund this MSTU. He said the election was not successful and Ordinance 84-69 is no longer needed. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that the public huaring be closed. Commissioner Glass moved, seconde~ by Commissioner Saunders and carried unanimously, that the orðinance as numbered and titled below be adopted and entered into Ordinance Book No. 27. ORDINANCE NO. 87-35 AN ORDINANCE REPEALING ORDINANCE NO. 84-69 WHICH CREATED THE PINE RIDGE SUBDIVISION STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE r Ó.' . L . . ¡; ~: : '. '.I 'Page :19 - --""'---...._."",......,"'~.<,,..,.,' MAY 12, 1987 Item f6C5 ORDINAWCE 87-36 REPEALING THE GOODLAND MUNICIPAL FIRE DISTRICT AS A SPECIAL PURPOSE DISTRICT - ADOPTED Legal notice having been published in the Naples Daily News on April ~3, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance repealing Collier County Ordinance 79-17. County Attorney Cuyler explained that the Florida Legislaiure adopted a Special Act which amended the boundaries of the Marco Island Fire Control District to include Goodland as part of the Independent District. Commissioner Saunders moved, seconded by Commissioner Glass and carriecl unanimously, that the public hearing be closed. Conmissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 27. ORDINANCE NO. 87-36 AN ORDINANCE REPEALING ORDINANCE NO. 79-17 WHICH CREATED THE GOODLAND MUNICIPAL FIRE DISTRICT AS A DEPENDENT DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE Item '6C6 ORDIN~ICE 87-37 REPEALING THE IMMOKALEE WATER AND SEWER DISTRICT AS A SPECIAL PURPOSE DISTRICT - ADOPTED Legal notice having been published in the Nåples Daily News on April 23, 1987 as eviàenced by Affiàavit of Publication filed with the &DOJ: 104. f.\':t 253 Page 20 , , 'j, " (-', "'""'" """"~'.~''''''''"''';"''".''''.'''"'''- lOOK 104 PAr.( 254 MAY 12, 1987 Clerk, public hearing was opened to consider an ordinance repealing Co11i~r County Ordinance 77-33. County Attorney Cuyler stated that the 1978 Florida Legislature adopted a Special Act which crcated the Immokalee Water and Sewer - District as an Independent District. Commissioner Goodnight moved, seoonded by Commissioner Saunders and carried unanimously, that the pUblic hearing be closed. Commissioner Goodni;ht moved, seconded by Commissioner Saunders and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 27. ORDINANCE NO. 87-37 AN ORDINANCE REPEALING ORDINANCE NO. 77-33 WHICH CREATED THE IMMOKALEE WATER AND SEWER DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE Item '6C7 ORDINANCE 87-38 AMENDING SECTION 1.7 OF ORDINANCE 85-42 TO PROVIDE FOR A FEE RESOLUTION -, ADOPTED Legal notice having been published in the Naples Daily News on April 23, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Collier County Ordinance 85-42. Building Code Compliance Director Magri stated the intent of the proposed ordinance is to restructure the Block & Associates examina- tion fees and Competency Licensing fees. He stated the existing fee ! "". .. ! :'!~' . Page 21 - .. .. - - _"'~-".""~,,,,,~,,,,"., .'.."......'-"'.........-.....--. "'''''''''';00'''''''''''''''.,,'___._.,. -'''''''''.' MAY 12, 1987 schedule is outdated bnd does not reflect current costs. He noted th~t the fees are appro~lmately $120.00 to $125.00 less than surrounding counties. He noted that the increased fees would generate an additional revenue of $50,000. Mr. Magri stated that Staff recom- mends ðpproval. County Attorney Cuyler advi~ed the Board that this amendm~nt dele- tes specific fees and provides a provision for fees to be adopted by resolution. He said this will facilitate changes in the fee structure in the future. Mr. Robert Towle, Contractor's Licensing Board Chairman, stated that the CLB supports this amendment. He requested that the addi- tional fees be used for clerical help within the Contractor's Licensing Department, advising that more help is desperately needed due to the growth in the County. He commended the Contractor's Licensing Staff for the excellent jobs they are doing. Mr. Towle stated that the contractors i~ Collier County support this increase in fees, only if the additional monies will be used within that depart- ment. Tape '6 Mr. Paul Jackson, Jackson Electric and member of CLB, stated that he is representing several sub-contractors associations. He said they also support the fees, but only if the money will be used within 'the ·~OTrt:'['a~to'[''' s tri ~'Î ng '~r't'l'llen t . 'He '1stð'te8\tha't '.co1Jl:å..er' ~Co\mty has a reputation of being very hard on unlicensed contractors and the aOOK 104f~r.! 255 Page 22 .......- BOOK 104 p~~!, 256 MAY 12, 1987 only way this can continue is for the Board to provide more staff for the department. In ðnswer to Commissioner Glðss, Mr. Magri stated the intent of thiS"' o!Imenðmen~,.rS" to" l1se- bhe- eeeS"!JOT' ðd'd'it'Í'onð1' cleI"l.Ï'ca1'. poS'î.t!oions~'" Acting County Manager Dorrill stated there is a proposal in the - Mðnðger's office at this time. He stated that Phase I of this propo- sar will be brought to the Commission next week. Commissioner Goodnight moved, ~econded by Commissioner Saunders and carried unanimously, that the public hearing be closed. Commissioner Goodnight moved, seconded by Commissioner Saunders and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into ordinance Book No. 27. ORDINANCE NO. 87-38 AN ORDINANCE AMENDING ORDINANCE NO. 85-42 BY AMENDING PART ONE, SECTION 1.4 BY ADDING CERTAIN PROVISIONS FOR CERTIFICATES OF COMPETENCY REQUIREMENTS AND RENEWALS; AMENDING SECTION 1.7 FEES; PROVIDING THAT THE A~NUAL FEE FOR A CERTIFICATE OF COMPE'l'ENCY BE ADOPTED BY RESOLUTION; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE Item ,gAl RESOLUTION 87-108 ESTABLISHING FEES FOR CONTRACTOR LICENSING _ ADOPTED Commissioner Saunder~ moved, seconded by Commissioner Glass and curried unanimously, that Resolution 87-108 establishing fees for Contractor Licensing be adopted and the revenues be used to enhance porsonnel in the Contractor's Licensing Department. ,/ , Page 23 '- .. .. .. - ~..<,u,_"''''',;_ "'_'_"m'<",,,,,,,,.,,~,,,,,,,,......,",,""_",,~,,-_,,_.,,"^,~,,.~ MAY 12, 1987 Item I9A2 RESOLUTION 87-109 SUPPORT FOR FUNDING OF HOUSE BILL 1390, AGRICULTURAL COMMUNITY POCKET OF POVERTY PROGRAM - ADOPTED Housing Programs Coordinator Jones stated that House Bill 1390 creates two pockets of poverty liithin the State of Florida: Belle Glade and Immokalee. She stated that, if funded, money would become available to be utilized to provide housing for farmworkers in Immokalee. She requested the Board to adopt this resolution to sup- port funding of that Bill. Commissioner Goodnight moved, seconded by commissioner Glass and carried unanimously, that Resolution 87-109 for support of funding for House Bill 1390, Agricultural community pocket of poverty Program be adopted. Commissioner Goodnight stated that this Bill may be in trouble since the Senate wants to delete Immokalee and retain Belle Glade. She stated the problem is in the funding. She stated her feelings that she would much prefer to divide what funds there are between the ! two communities rather than have Immokalee dropped from the Bill. She' requested authorization to go to Tallahassee to meet with the commit- tee if it becomes necessary. Commissioner Glass moved, seconded by commissioner Saunders and carried unanimously, that commissioner Goodnight represent Collier ''''Coun'\::y ·"On""'Ho~fJe·'".&i ~~ "1:3~O ,.oi~ "-i"'t. ,-becomes.. onecesse.'1:'Y . ~OOK 104 PAr,t 25,9 Page 24 i ,.1 ~ t ':... .,) J ~:'2 \ .",._,,~_"- ~ w ",..",-.,..,__,H'~'""""<"··· ..,;.--,*,"""."~~...,,, ,._-"",' . ' ,,,,...---..----- n~' Tn'J I'. ¡ ~PT tOOK 104 !'at;t 262 MAY 12, 1987 Item f9B2 ACQUISITION OF TWENTY (20) ACRES OF ADDITIONAL PROPERTY LOCATED ADJACENT TO THE COUNTY LANDFILL - APPROVED Public Works Administrator Archibald reported that the twenty lJc:re3' o~ land' in' queBt'iof1o is l'oC:é!tecJt to' the- northeðBt!' of the eX'rsting' Naples Landfill Site and is for use as part of the County's overall Solid Waste activities. Mr. Archibald stated that at the direction of the Board, Staff had the property independently appraised based on current zoning. He reported that this appraisal came in at $2,000.00 per acre. He stated. that based on the value of that property to the County as a future expansion to the landfill, as well as possible use as a buffer and environmental mitigation purposes, Staff has revalued the parcel to \ .~ \ ' about $3,000.00 per acre. . Mr. Archibald stated that the property is currently in the hands of Highway Pavers at $3,250.00 per acre. He stated that Staff feels this is a good price for the lõnd even if the County only uses it for , environmental mitigation. commissioner Goodnight moved, seconded by commissioner Glass and carried unanimously, that the county offer $3,2S0 per acre for the property subject to the return of the necessary documents to the Board. Commissioner Goodnight stated that she recognizes thal the price is above the appraisal amount based on zoning, however, during yester-. Page 25 -':l .. .. .. ..,..-,,,-,...^.,".,,,,--,.,~ ~....~,.,- ~.- - - - MAY 12, 1987 day's Growth Management Workshop it was stated that property could cost roughly $10,000 per acre for the landfill and it was also recom- mended that the County should not let available land fall below what is needed for a 10 year period. Mr. Joseph Bonness, Trustee, stated that the County should not waste time in purchasing this property since it could lead to compli- cations. After another brief discussion, it was the general consensus that the documents for purchase should be prepared and the Chairman authorized to execute those documents. Item UB3 FIVE-YEAR CAPITAL IMPROVEMENT MASTER PLAN FOR COURTHOUSE COMPLEX EXPANSION - APPROVED WITH ADDITION Public Works Administrator Archibald displayed a chart depicting cash flow needs in the outer years for the Five-Year Capital Improvement Plan for the Courthouse Complex Expansion. He stated there are currently a number of major projects in the programming stage which are about to go into the final design phase. He said that, I in that phase specifications and plans for construction will þe prepared. Mr. Archibald stated that in order to make room for the new court building immediately east of Building "A", the power controls and air- conditioning system serving the central complex will need to be relocated. He said that in order to move forward Staff needs Board ~OOK 104 PA~t 263 Page 26 ..J.."-- . , .......- o· q. "'" ¡" ----- ~ .,i T' H, \:(Y,· ~on( 1L()~PAGt~~ MAY 12, 1987 approval to proceed with the final design phase and renegotiate with the designers to allow for the relocation of the power controls and air conditioning system. Mr. Arçhibald stated that the new Health Building to bp. located in the northeast corner of the complex will be under construction within the current year. He stated there will be large expenditures necessary in FY 1987/88. Mr. Archibald stated that the chart gives the Board some idea of what expenditures are needed in the coming years, but in order to follow through in the current year, a pledge of ad valorem taxes is needed from the 301 "pay-as-you-go" Fund. He stated the pledge is necessary to assure completion of projects started. Commissioner Saunders noted that the new courthouse building calls for 3 tloors with the ability to add another level and the health building calls for two stories with the ability to go to three. He noted that it may be less expensive to build the extra floors now even if they won't be used for a while. Mr. Archibald stated that the Board has the option of directing Staff to ask for alternate bids to include the additional floors. Acting County Manager Dorrill stated Building "A" will be ren- ovated for the court support agencies such as Probation and Parole, Witness Assistance, etc. In answer to Commissioner Saunders, Mr. Dorrill stated that there are a number of problems with the old jail in Building "A" and in order to meet the new State requirements for Page 27 -~ .. .. .. MAY 12, 1987 that jail, the building would need extensive renovation. He said it is more feasible to locate the new jail in the new courthouse and use Building "A" for the court support agencies. Mr.' Dorrill also stated that he has requested the architects include an alternate bid to include the third floor of the new Health Building. Commissioner Saunders stated that if funds are available for the extra floors, he would like to s~e them in the Five-Year Master Plan. Mr. Dorrill stated that he is in receipt of a request from the Sheriff's Office for additional administrative space and a request to lease some space for additional Sheriff's administrative space. He requested a motion and vote adopting the Five-Year Master Plan so the record will show Staff is working on the problem. Tape '7 In answer to Mr. Dorrill, Clerk Giles'stated that he would like some input from the County Attorney on signing a contract which encum- bers funds on a three year project. He stated it may be necessary to go with Tax Anticipation Notes. He also stated there may need to be some type of resolution to guide the process. Mr. Dorrill stated that all of these matters will be addressed in the Capital Improvement Budgets and will require some commitments. Mr. Archibald stated that looking at the workload over the next ,¡1OO,up~~f~:, ';&i.p "C8mpend <eH,a"l{y.sac',w.ild. 'Illeed'~ome:es,sis tance. He mentioned there may be a need to hire a part-time person to render I ~ 1 I j Page 28 ~oo~ 104 pm 265 r "1.... .. : <; :. . .~~ "'- .-.--- , ~ " :r: ,it ~;~, ~i' f;',,:" :>f~· r¡.'~'.';,.,.',' ..\ , ~.., v' it , ~,~' ~' , :¡O-' ' ~,; 104 PACt 266 MAY 12, 1987 this assistance if several contracts are on-going at the same time. commissioner Saunders moved, seoonded by commissioner Glass and carried unanimously, that the Five-Year capital Improvement Master Plan for the courthouse complex Expansion be approved, recognizing tha~ f~' is'', tTexibJ'e',wit1t', ~11.'d'i'roct'fon' t:lia~ st:~t!' obtrin",arra!t'ernat'e bid for the new Health Faoility to include a third sto=y. Page 29 - .. .. - - 8001 104 p.\~·£,270 MAY 12, 1987 , Item ¡gC1 CHANGB ORDER ~OR FIN~L PAYMBNT POR SITB FINISHES AT GOLDEN GATE COKKVRITY PARE IX THE AMOUHT O~ $3,616.34 ~OR KCGOVBRØ COXSTRUCTIOK - APPROVED Public. Se~vices Administrator O~Donnell,stated the contract that was awarded for site finishes for the Golden Gate Community Park was a unit price contract for estimated quantities of sprinkler parts, fencing and landscaping. He stated this Change Order is to adjust the quantities from estimat~d to final as-built quantities in accordance with the contract documents. He stated there are funds available to cover this expenditure in the Parks & Recreation Capital Improvement, Golden Gate Community Park account. commissioner Saunders moved, seconded by commissioner Goodnight and carried unanimously, that a Change Order for final payment for site finishes at Golden Gate community Park in the amount of $3,616.3~' for McGovern Construction corporation be approved. ¡ Page 30 , ' - ... - .. - , ! ! -".., ,i', 1i' , Ji, ., }I.~ , . ;~" ~' ':¡, I",.. I"',,f,.',:',,,r . ~~.:~' ''Þ.: .'~ ~~) r (, +~~ J~ aOOK 104 PAGt 274: HAY 12, 1987 Item tl0B AGREEMENT BETWEEN GOLDEN GATE FIRE CONTROL DISTRICT AND COLLIER COUNTY RELATING TO AVATAR FUNDS - CHAIRMAN AUTHORIZED TO EXECUTE County Attorney Cuyler stated that the Board previously authorized, in concept, the payment of $100,000 to the Golden Gate Fire control and Rescue District for the purposes of construction of a fire station. Mr. Cuyler then read the agreement and summarized its contents for t~e Board. He stated a motion is needed authorizing the Chairman to execute the agreement after execution by the Fire District. commissioner Goodnight moved, seconded by Commissioner Saunders and oarried unanimously, that the chairman be authorized to execute tb~ Agreement between Golden Gate Fire control Distriot and Collier County relating to Avatar Funds after execution by the Golden Gate Fire Distriot. I ,~ ' , , j.i ~ 'j ~ , " " ..1 ' ',' Page 31 .. - .. - ._"~.,,,--Jjò. .. .. - ." -'~.'''..-:'' - '!o ..... .. ,~~ \ " \/}-, I MAY,l~, 1987 "I ~ Ite. 'l1A BUDGET AMENDMENTS 87-271/276 AND 87-278/281 - ADOPTED commissioner Goodnight moved, seconded by commissioner Glass and carrie4 unanimously, that Budget Amendments 87-271/276 and 87-278/281 be adopted. Item 'llB BUDGET AMENDMENT RESOLUTION 87-031 - ADOPTED commissioner Goodnight moved, seconded by commissioner Glass and carried unanimously, that Budget Amendment Resolution 87-031 be adopted. 1 ' , 1_" r ~ . ' &ODK 104 mr281 Page 32 j ~ ~ . '} ',', '~ . ' i: .....--- Item f!lC2 REIMBURSEMENT FOR TRAVEL - APPROVED MAY 12, 1987 Finance Director Yonkosky stated that Mr. T. Wayne Bailey, Chairman of the Single Member District Study Committee, traveled to Naples to attend the April 13, 1987 meeting. He said the total cost of Mr. Bailey's trip is $240.33. Mr. Yonkosky stated that Mr. Joseph Cox has already reimbursed Mr. Bailey and requested authorization to pay Mr. Cox the $240.33. Commissioner Goodnight moved, seoonded by Commissioner Glass and carried unanimously, th~t the Clerk reimburse Mr. Joseph Cox $240.33 tor Mr. Bailey's travel expenses. Item 112A REPORT DF THE INDEPENDE~ WATER AND SEWER UTILITY AUTHORITY COMMITTEE - COMMITTEE TO BE ABOLIaHED Mrs. Marion deForest, League of Women Voters, stated that the League supports a publicly owned and managed utilities system. She stated that the County Utilities Division is now operating 6 ,facili- ties and 17 more are planned and in the interest of economy and effi- ciency alone the independent authority should be formed. She also stated her feelings that an independent 'authority would take some pressure off of the Commissioners. Commissioner Saunders stated that he does not complp.tely Oppose an independent authority, however, he takes exception to the wording in the March 10, 1987 letter from the Committee. He stated that the ðDDK 104 PAGE 283' Page 33 --.... ~ .""·""'''''~'''''''''''''''',",..,u··"·__·_",·_"","""".",.w.",,·,,,",~,.. .._·'''-''··,·,..'''"'·_..._-....··~·,..".~,._.,'='''''';'''...."...''"_.~b''"'",,,,'.."...",,..,....""~ , , aDOK 104 PA~r 284 MAY 12, 1987 Committee states on page two "that tha utility needs of the County cannot be adequately met with part-time attention of the Board of County Commissioners with or without a Citizens Advisory Committee, ðnd they were disappointed- that the' County, d'oes', no~, have<-, èI slÌ<ng}¡e purpose entity solely responsible for the utility system and directed by knowledgeable persons willing to devote great time and energy to this issue alone". Commissioner Saunders stated the letter totally ignores that the County has a full-time utilities Aõministrator, full-time County Manager, and a full-time Utilities Staff. He said the letter makes it sound as if there are five part-time Commissioners operating and managing the County's Utility System. Commissioner Saunders stated that the Utilities Department has an excellent Staff whose sole duty is County Utilities and the Board is not ignoring the importance of the Utilities System. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that Staff prepare a resolution to abolish the Committee and tbank them for their efforts. Commissioner Saunders stated that this is not the end of the this issue, and if a cominittee needs to be impaneled when the development plan process begins, the Committee will be reformed. Item f12B COMMISSIONER GOODNIGHT TO ATTEND NACO AGRICULTURAL STEERING COMMITTEE MEETING IN DES MOINES, IOWA, JUNE 6 AND 7, 1987 Commissioner Goodnight requested authorization to travel to Des Moines, Iowa to attend the NACo Agricultural Steering Committee .. -'--'---"..~'.'."-"''".''''-'-.'''." Page 34 - "'''.''"'-~~''.''~''''';"(-~''-----''~'---''--'''''''';Q~,''''''-''''"-....---".." _..,.,.~ MAY 12, 1987 Meeting. In answer to CommisRioner Saunders, Commissioner Goodnight stated that at the last ~eeting there were several resolutions passed which will aÚect Florida and Collier County. She stated that the Steering Committee adjourned and agreed to meet again before the NACo Conference to address the agricultural situation throughout the United: States. A lengthy discussion followed on illegal aliens in the agri- cultural business. Commissioner Glass ~ove4',seconded by Chairman Hasse and carried 3/1 (Commissioner Saundera opposeð), that Commissioner Goodnight be authorized to attend the NACo Agricultural steering Committee Meeting in Des Moines, Iowa, on June 6 and 7, 1987. Item '12C DISCUSSION OF LELY BAREFOOT BEACH - CONTINUED TO MAY 26, 1987 Commissioner Saunders requested the current status of the Lely Barefoot Beach issue stating that he does not want to lose the Oppor- tunity of obtaining the property, however, he does not want to spend anymore than is necessary. Tape fa Acting County Manager Dorrill stated his recommendation is to proceed with independent appraisals. He stated an oral estimate on ~e 'oepprei6eë ...,.aa.~e:<)f"lt.t\e 'ianewil'l'~;ne.eded ,bY:~Y22.'J:.9B7 'with submission of a final written report no later than June I, 1987. He " MOK 104 P~r.r 285 ,Page 35 . ' i' .'<. .iÎ. ,:åØ~ lM~286 ¡ , , MAY 12, 1987 said there is a Cabinet Meeting toward the middle part of June and a purchase recommendation to go before the Governor and Cabinet probablY cannot be done before that meeting. He stated that the 50% figure was brought into the conversation in Tallahassee because this approach has, been used only once before with a case in Brevard County and that Commission offered 50% of the purchase price toward the purchase of the property they were trying to acquire. Mr. Dorrill stated that until t~e appraisals are complete, there is no way of knowing whether the $1,000,000 will be 30%, 40%, 50%, or even 60% of the ultimate acquisition cost. In answer to Chairman Hasse, Mr. Dorrill stated that the County has offered to pay for the cost of the state appraisals as part of expediting the State's consideration of this purchase. Mr. Dorrill stated there are two factors which may require Collier County to consider the total purchase of the property: 1) appropriation for the Save Our Coast program must be in the appropriations bill at the end of this month or none of the projects will be funded next year due to lack of funds, and 2) The Governor and' Cabinet must approve a purchase contract and that cannot happen until the middle of June. Mr. Dorrill stated that the County may want to consider an option contra~t between Collier County and the Lely Corporation before the May 25, 1987 deadline to hold the property until the State can take action in the middle of June. In answer to Commissioner Saunders, Mr. Dorrill stated that the Page 36 - ... .. .. .. MAY 12, 1987 deadline with the Lely corporation is May 25, 1987. Commissioner Glass stated that this is an issue where a person has: his eye on an adjacent piece of property. He stated he does not feel that the Board should allow themselves to be pressured into a reaction. Mr. Dorrill stated that sometime very soon he would like jirection' on how the Board wishes to proceed because the state's motion was to have Collier County increase it's portion of this purchase. Commissioner Saunders stated that very shortly the Board will have: to vote on that issue, however, it should not be done too soon. It was the general consensus that the Loly Barefoot Beach Purchase be continued to May 26, 1987. Item 112D EXTRA GAIN TIME FOR INMATES NOS. 25111 AND 29571 - APPROVED commissioner Goodnight moved, seconded by commissioner Glass and carried unanimously, that extra gain timo for Inmates Nos. 25111 and 29571 b8 approved. *** The following items were approved and/or adopted under the consent Agenda upon motion made by commissioner Glass, seconded by commissioner Goodnight and carried unanimously: Item '14Al CONTRACT WITH G. STOVER MARINE INC. FOR ARTIFICIAL REEF CONSTRUCTION OFFSHORE OF WIGGINS PASS - AUTRORIZED See Pages ~~ 3~ Page 37 ~ODK jl()iiPA~E~~~ I. \, . 'e { "I ., . , i ~ , ' ',. ,þ{- 104 p~~·t 288 MAY 12, 1987 Item tUBl CONTRACT APPROVED FOR SOLID WASTE PROCESSING AND TESTING SERVICES WITH SPM GROUP OF LITTLETON, COLORADO - $4,200.00 See Pages I.tem. 11.4B2 30/- 30¥ LAKE TRAFFORD MEMORIAL GARDEN CEMETERY DEED NO. S04 See Page Item t14Dl 3ðS- ACCEPTANCE OF THREE UTILITY EASEMENTS FOR NORTH NAPLES WATER TRANSMISSION MAIN PROJE~T AND TRANSFER OF $3,000.00 TO APPROPRIATE PUBLIC WORKS FUND AS COMPENSATION TO MR. JOS. D. BONNESS, JR. See Pages tm'E: roctMNI'S NC1l'RECEIVED IN CŒRK'S DmCE ÞS OF 5/20/87 ' Item t14D2 ACCEP'l'ANCB OF SEWER SYSTEM IMPROVEMENTS IN AREA "C" OF PHASE II OF MARCO WATER , SEWER DISTRICT AND CLERK DIRECTED TO ISSUE WRITTEN NOTICE TO ALL PROPERTY OWNERS GIVING 90 DAYS TO CONNECT TO SYSTEM Item t14G1 CERTIFICATES OF CORRECTION TO THE TAX ROLLS 1986 TAX F-OLL Nos. 184/189 Dated 4-23/4-30-87 1986 TANGIBLE PERSONAL PROPERTY Nos. 1987-212/213 Dated 4-28/5-1-87 .) .... Page 38 . .~ . .. .. - ¡ ~,\,,;.:', , ~ Item '14G2 MAY 12, 1987 SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC DEFENDER See Pages .~ t) ~ - 3 d.. t) Item 'UG MISCELLANEOUS CORRESPONDENCE FILED AND/OR REFERRED There being no objection, the following correspondence was filed and/or referred to the various departments as indicated below: 1. Letter dated 04/27/87 from Elizabeth M. Hamilton, Chief, Bureau of Community Assistance, advising that DCA mailed its application ranking list for funding unè.~r the Small Cities CDBG Program Housing and Neighborhood Revitalization Categories April 17, 1987, and review or appeal must be within 17 days of receipt of notice. Referred to Neil Dorrill, Dave Pettrow, Wanda Jones and filed. 2. Letter dated 04/16/87 from Sandra M. Whitmire, Chief, Bureau of Public Safety Management, DCA, regarding Justice Assi~tance Act Funds FY 1987; Letter dated 04/28/87 from Sheriff Rogers to Ms. Sandra Whitmire; and, Letter dated 05/01/87 from Chairman Max A. Hasse, Jr., to Ms. Sandra Whitmire. Referred to BCC, Neil Dorrill, Jim Giles, Sheriff R03ers and filed. ' 3. Letter dated 04/17/87 from Thomas G. Pelham, Secretary, DCA, advising that DCA has completed its review of applications submitted for funding under the FY 1986 CDBG Program, and attaching listing and ranking of applications. Referred to BCC, Neil Dorrill, D3vid Pettrow, Wanda Jones and filed. 4. Letter dated 04/28/87 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short form applications File Nos. 111333975, 111334655, and 111334685, which involve dredge and fill activities. Referred to Neil Dorrill, Dr. Proffitt and filed. 5. Letter dated 04/29/87 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short form application File No. 111336135, which involves dredge and fill activities. Referred to Neil Dorrill, Dr. Proffitt and filed. " , aOGK 104 PAGl289 ,Page 39 , () J '.: .. _'·~''''''''''M.·.,...·" ..... ..~,.,""'.",.,.""''''."."".< "'. _......___...._.""._"',""'""'_... ......---..--...__...._'""'0".""'"_,-..<.........""'-,....., , ' ! . aOOK 104 PA~r 290 MAY 12, 1987 6. Letter dated 04/~7/87 from John Shearer, P.E., Assistant Secretary, DER, advising that the Florida Legislature created three new state aquatic preserves and expanded several others, including Rookery Bay, and enclosed informational materials. Referred to Neil Dorrill, Dave pettrow, Dr. Proffitt and filed. 1. Memocandulllt'da.ted., 04/2.2/8.7., to.-Þ..Lk 1l1tt.ecð9t.edo 9ðnti..es-..., ft:-om.Ð..., J. White, Assistant Chief, Bureau of Park Planning and Design, DNR, regarding two meetings of the Land Acquisition Selection Committee. Referred to Neil Dorrill, Kevin O'Donnell, Cliff Crawford and filed. 8. Letter dated 04/20/87 from C. C. Barrett, Jr., Manager of Programming and Contractual Services, FL Dept. of Transportation, regarding Local Governmel1t Cooperative Assistance Program and enclosing project ranking. Referred to Neil Dorrill, George Archibald and filed. 9. Resolution dated 04/20/87 from Golden Gate Fire Control & Rescue District advising that Golden Gate Parkway and Coronado Parkway has become an extremely busy and dangerous intersection, and requesting a traffic signal with a remote operating device in the fire station. Referred to BCC, Neil Dorrill, George Archibald and filed. ' 10. Copy of letter dated 05/01/87 to William A. Haddad, Clerk, Second District Court of Appeals, from Tedd N. Williams, Chief Assistant County Attorney, Manatee County, regarding Anthony J. LaPorte v. State of Florida, Case No. 85-2817, CAO File No. 3305. Referred to Jim Giles, Ken Cuyler and filed. 11. Minutes: A. 04/22/87 - CCPC Citizens Advisory Committee B. 04/07/87 - Marco Island Beautification Board Meeting C. 04/16/87 CCPC and 05/07/87 Agenda 12. Letter dated 04/28/87 from J. Marion Moorman, Public Defender, Tenth Judicial Circuit, enclosing response to the Order to Show Cause issued by the Second District Court of Appeal on March 31, 1987. Referred to Jim Giles, Ken Cuyler and filed. ~.~'.'~ 1 ~:·.L}f''',~J: :;, >-: , L: ;:"-' \~';~::; T rt"·W tr' "i)":., Page 40 .. _........,~'"~"."..,._.- ,....".,...,.,.,-''''''~'...,"¡--_...._''''"'..._._.~--._.~'''.''''~,_.,. ·'···,,,···,,,'..-.,,·,··..·.....M.......,.,,,,.,"'.,,"',,,,.,,"',,...,..........".."...__......_.....,_.......".,.,,_....,;,'<." ,."""""".,",,,"".,,..,,,"...,",",~.... '''', I, 1'1', .. 1 '10 , ~,í,: ":':,' , 'l: ' -'I . f.~' :1", '~,~!' ' ~:. /Yr ff~~' . -___.,_ ·-'"'''''_'~'··''·.c,___ l6. 17 . 18. MAY 12, 1987 13. Memorandum dated 04/28/87 to All Interested Persons, from Steve Tribble, Director, Records & Report, Public Service Commission, regarding Docket No. 870406-SU, and attaching agenda. Referred to Neil Dorrill, Bruce Anderson, Tom Crandall and filed. 14. Response dated 04/30/87 from the Public Defender for the Sixth Judicial Cir,;ui t to the Order of the Second District Court of Appeal on Prosecution of Criminal Appeals by the Tenth Circuit Public Defender and by other Public Defenders. Referred to Jim Giles, Ken Cuyler and filed. 15. Case No. 85-2817 dated 05/01/87 In The District Court of Appeal, Lakeland, Florida, Anthony J. LaPorte, Appellant, vs. State of Florida, Appellee, regarding Order on Prosecution of Criminal Appeals by the Tenth Circuit Public Defender and : by other Publjc Defenders. Referred to Jim Giles and filed. i " Memorandum dated 04/16/87 to BCC from Sheriff Rogers regÐrding Sheriff's Confiscation Trust Fund and attaching report of activity. Referred to BCC and filed. Letter 04/29/87 from Joseph P. D'Alessandro, State Attorney, ¡' attaching a copy of the signed Agreement of Cooperation to I Establish and Operate the Juvenile Arbitration Program of I' . Collier County. Letter dated 03/27/87 from Ralph L. Stanley, U. S. Dept. of Transportation, enclosing Guidance for Audit of Grantee Compliance with UMTA Requirements. Referred to Neil,:Dorrill, Jeff Perry and filed. 19. Memorandum dated 04/24/87 to All Grantees, State DOTs and MPOs from U. S. Dept. of Transportation announcing that UMTA is sponsoring a series of one-day workshops on Competitive Transit Service Contracting. Referred to Neil Dorrill, Jeff Perry and filed. ;' ¡ ,: . "~4 . BOOK 104 PAçr 291 I i ¡ j ¡ , i ¡ Page 41 ! i i' I ! , I" ¡ I: i ~oaK 104 P'\~{ 292 MAY 12, 1987 Item t14H1 CHAIRMAN AUTHORIZED TO EXECUTE PINAL RELEASES FOR TOPPINO CONSTRUCTION CO. AND lIEERY PROGRAM MANAGEMENT, INC. REGARDING REGENCY PARKING COMPANY CASE , , See Pages 2é)¡/- .3 ~~ *** There being no further business for the Good of the County, the meeting was adjourned by order of the Chair - Time: 12:45 p.m. .' ,~ü~'RO ~~....., [}/' . :..::-- ...~\'" " ; ..7-:····. <êJ ,', '", .' I ..- , ~TEST: ,-- , ~ ";' f~s c. GILES,;tLERK ~ ::: ,.... r: r .~ ~ .:' ~.~ .J: t; ..... _".~'w',", ~ ~ 'J~>",,,,:,,,,, . ðS presented " - BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICI0 GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTRO ,vc. Boðrd on ~~5 /?/? as corrected ;. ~' Pðge 42