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BCC Minutes 03/24/1987 R Naples, Florida, March 24, 1987 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein,· met on this date at 9:00 A.M. in REGULAR SBSSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Arnold L6e Glass John A. pistor Burt L. Saunders Anne ~oodnight ALSO PRESENT: James C. Giles, Clerk~ Maureen Kenyon and Beverly Kueter (1:30 P.M.), Deputy Clerks~ Donald B. Lusk, County Manager Tom Olliff, Administrative Assistant to the County Manager~ Ken Cuyler, County Attorney; Bruce Anderson, Assistant County Attorney Tom Crandall, utilities Administrator~ George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; David Pettrow, Community Development Administrator~ Leo Ochs, Administrative Services Administrator; Tom McDaniel and Dave Weeks, Planners; Ann McKim, planning/zoning Director; Dan Loubier, Parks & Recreation Coordinator; Wanda Jones, Economic Development Director; Steve Carnell, purchasing Director~ Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. ~oo~ jL()~p~,,~~{)~ .' - .. ~""'4 MARCH 24, 1987 'tape .1 Ite. f3 AGENDA - APPROVED WITH CHANGES commissioner saunders moved, seconded by commissioner pistor and carried unanimously, that the agenda be approved with the following changes: Items 14A3, 14A4, and 14A5 re community Development Block Grant program, Housing Assistance Cert ficate and voucher program, and Housing Assistance payments Voucher program moved to Items 9A5, 9A6, and 9A7. a. b. Item 14C5 re Lease Agreement with Collier Model Aeronautios Club continued for 3 weeks - requested by county Manager Lusk. c. Item 14Bl mo.ted to Item 9B2 re oourthouse master plan - at request of commissioner saunders. Item 12A re County Manager settlement to be heard at 1:30 P.M. Item 9D1 re south County Regional wastewater Faoilities to be heard at 2:00 P.M. Item 9Bl re consultant aeleotion for road projeots to be heard at 3:00 P.M. d. e. f. Item f4 MINUTES OF FEBRUARY 24: MARCH 37 AND MARCH 10. 1987 - APPROVED commis~ioner saunders moved, seoonded by commissioner pistor and oarried unanimously, that the minutes of February 24, 19877 March 3, 19877 and March 10, 19&7, be approved as presented. Item 15 EMPLOYEE SERVICE AWARD - PRESENTED Commissioner Hasse presented an employee service award to Jack Wampler for five years of service with Collier County government. llìD~ 102~~575 , ,.~,,--,,~-,----" lantlK 102",,-;:575 MARCH 24, 1987 Item. f6B1 ORDINANCE 87-8 RE PETITION R-86-19C, HOLB, MONTBS , ASSOCI~TES, INC., REPRESENTING JOSEPH CALI, REQUESTING ~ REZONE FROM PUD (CONDOMINIUM MOTEL) TO PUD KNOWN AS CALI INDUSTRIES - ADOPTED Legal notice having been published in the Naples Daily News on February 20, 1987, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider petition R-86-19C, filed by Hole, Montes & Associates, Inc., representing Joseph Cali, requesting a rezone from PUD to PUD known as Cali Industries for a condominium motel for ± 27.05 acres located in the southwest quadrant of 1-75 and SR-95l. Planner Weeks stated that this is a request to develop the subject property with a conèominium motel, adding that lands to the north are zoned A-2; lands to the east are zoned PUD lands to the south are zoned C-4; and lands to the west are zoned RSF-4, RMF-6, RMF-12, and C-4. He indicated that this request is a minor change as the peti- tioner is requesting one story and two story condo units and the allowance for a sewage treatment plant as a principal structure. He noted that section "0" regarding the sewage treatment plant regula- tions was changed to indicate a 50 foot setback around the plant instead of a 50 foot buffer to clarify this section, because it was clear as to where the measurements were being taken from. Commissioner Pis tor questioned if two-story condos are now going to be built, to which Mr. Hermanson of Hole, Montes & Associates - - - ~--~--"~,....-,,,,,",,,,,--~.. ... ,....,,__"'.,...__"",..~...,__""'''',__' ,~,.",.,..,",.,,,..~c,,,,,__,_,,"__·"__.......·, - .. - stated that there will be either one or two-story units. commissioner Goodnight moved, seconded by commissioner pistor and carried unanimously, that the public hearinq be closed. commissioner Goodnight moved, seconded by commissioner sa~ndqrs and carried unanimously, that the ordinance as numbered and titled beloW be adopted subject to amendment of the PUD document and entered into ordinanoe Book No. 26: MARCH '24, 1987 ORDINANCE 87-8 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE ZONING ATLAS MAP NUMBER 49-26-8 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PUD (CONDOMINIUM MOTEL) TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CALI INDUSTRIES FOR A CONDOMINIUM MOTEL FOR PROPERTY LOCATED IN THE SOUTHWEST QUADRANT OF I-75 AND SR-95l IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, + 27.05 ACRES; AND PROVIDING AN EFFECTIVE DATE. , \ \ ì . , ......~ l' . mx 10~r:.(.r517 '. ~«. r I'· . : ~ ~. ') ,. _.._-,"._,--",..~-_.--"-'~'- .._.,..".,..__"...""..._~"""_."."""",...,_,,.__,,,~~.,.,.,,_~..~<Jo>'..".··.H'·,'''''··,·· ~.~.~:¡':'~. . . . ._.,.~___..._.,,_X^'>''''~.''__'--- MARCH 24, 1987 Itelll. f6B2 ORDINANCE 87-9 RE PETITION R-86-22C, DR. KENO SP~GN~, REPR. JERRY DRAD, REQUESTING ~ REZONE FROM A-2 'to PUD RNOWN ~S PIN!: RIDGE CEN'l'ER - ADOPTED Legal notice having been published in the Naples Daily News on February 20, 1987, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition R-86-22C, filed by Dr. ~eno Spagna, representing Jerry Drake, requesting a rezone from A-2 to PUD known as pine Ridge Center for interchange com- mercial uses for property located on the south side of Pine Ridge Road, approximately 1/4 mile west of 1-75. Planner Duane stated that this property is approximately 8.75 acres and the petitioner is proposing to develop the property with interchange commercial. He noted that lands to the north, across pine Ridge Road, are zoned "PUD" which is Naples GatewaYI lands to the east are zoned A-2; lands to the south are zoned A-2 with provisional use "b" which is an excavation pit; and lands to the west are zoned A-2. He noted that the planning Commission recommended approval and the planning Staff recommended denial as staff feels that this property is outside the Interchange Commercial Node. He indicated that the real issue in this matter is where to draw the line for the interchange commercial node and Staff feels that the western boundary line should be Whippoorwill Lane and the planning Commission feels that the line should be ¿rawn at the western edge of the subject property. He noted ,UCK .1D2",.\r.:519 '"'v -'" ... -~,.,.....,...,,,..,,,_.-.,...~'".- ,-, _.,_._,..__~.,.__.,,,,,,,",,,,,,,,,,,,c_·....,,,<,,,~,,..,...,~,,,,,,,··.....,,,·,",,,,·~.--.......,. > ,...--~-- MARCH 24, 1987 that there has been 60 acres of commercial approved at this interchange. He stated that if this subject property is approved and the western boundary of this property is where the line is to be drawn, then this would be Good Earth Drive which is 8/10 of a mile from the interchange. He reported that with the various projects that are coming into the area, there will be 110 acres zoned interchange commercial if this petition iR approved and the Comprehensive Plan talks in general terms of 180 acres that could be supported around this node. Tape U Dr. Neno Spagna, representing the Petitioner, indicated that the comprehensive Plan does not address the boundaries of the interchange node, noting that this is a judgment call and he feels that certain natural features are the best boundaries like rivers, canals, railroad tracks, or "ST" areas, and highways are also a good boundary separa- tion. He stated that he feels that the western boundary should be the "ST" area of the petitioner's property. He noted that he is asking that this petition be approved. Commissioner pistor stated that the City of Naples has turned down a commercial plaza in the area for water and also turned down Sutherland PUD and questioned where this project will get water from, to which Dr. Spagna stated that the petitioner will provide his own facility as an alternative if the City of Naples does not supply the - - - .. ".,.........~~,;"....~-"'--"- - - - MARCH 24, 1987 water, adding that they will meet all the state requirements for the provision of potable water. Mr. George Keller, President of Collier County Civic Federation, stated that this project could be approved and the line drawn using this project as the boundary and no further projects ap~roved. commissioner Goodniqht moved, seconded by commissioner Glass and carried unanimously, that the public hearing be closed. cQmmission~r pistor moved that petition R-86-22C be denied. He noted that there is enough commercial planned for this area and with the water problems, it would be wrong to approve any further develop- ment. He stated that the western boundary should be Whippoorwill Lane. Motion diad for a lack of second. commissioner saunders moved, seconded by Commissioner Glass and carried 4/1, (commissioner pistor opposed), that the ordinanoe as num- bered and titled below be adopted and entered into ordinance Book No. 26, and that the western boundary of the node be the "ST" area of this project, and that there be no "CO'S" issued until water is available: ORDINANCB 87-9 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-26-3 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PINE RIDGE CENTER FOR INTERCHANGE COMMERCIAL USES FOR PROPER~Y LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 1/4 MILE WEST OF 1-75 IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, ~ 8.74 ACRES; AND PROVIDING AN EFFECTIVE DATE. L' '. ¡ ; ,. ~oox 102 pm ~81 '"' ........ ....... aoc~ 102 mr ~82 MARCH 24, 1987 Item f6Cl WILSON, MILLER, BARTON, SOLL , PEEK. REPRESENTING AMNON GOLAN, REQUESTING CERTAIN EXCEPTIONS TO THE SUBDIVISION REGULATIONS FOR A PUD COMMONLY KNOWN AS ORANGETREE. PHASE 111. AND 211. - APPROVED Legal notice having been published in the Naples Daily News on February 11, 1987, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider a petition from Wilson, Miller, Barton, SolI & Peek, Inc., representing Amnon Golan, requesting certain exceptions to the Subdivision Regulations for a PUD commonly known as Orangetree, Phase lA and 2A. planning/zoning Director McKim stated that this is regarding Sub- division Regulations and the settlement document required that the petitioner submit this and have it approved by the Planning Commission end the Board of County Commissioners in a public hearing. She noted that the CCPC reviewed this requast and recommended approval subject to the Subdivision Review Committee's recommendations as contained in the Executive Summary dated March 24, 1987. Mr. Richard Braun, representing the Golden Gate Area Taxpayers Association, stated that he recommends that this be denied until the petitioner has mitigated the damages done to the roads. Mr. John Keschl stated that this project should not be allowed until there is water and sewer available to take care of the project, adding that he believes in growth, but managed growth. Mr. William Barton, representing the petitioner, stated that what - - - ~'_""'___~~ .. _' _. .. . ~~ .......,,"'..~_,.,,~_.._.,~____"""""~_,,_~,_"'_'"'.._ ."".~."__",+__"_",,__,~,__,,.,,_",,~_,,...,,__,_.,._, '_m_~_'" '_"",,""_'~~'_"_" _.~"-" -,..~"._~..,.._~ MARCH 24, 1987 is before the Board is a simple request for subdivision waivers which come before the Board all the time in PUD's. He noted that these changes are routine and have been approved numerous times on various projects. He noted that the only change he would make is in Item 4b which indicates that the sidewalk bikepath should be on the south side, when it fact it should read the north side along with the school, to which Mrs. McKim agreed. Public Works Administrator Archibald stated that the developer has a permit to reHlove a million yards of mater ial from this property, adding that he is committed to a number of improvements on C.R. 846 and has done a good job on mitigating the roads. He noted that at a future point, he will be coming back for another permit to remove more material and during the interim, he will have a good opportunity to gauge the effects on the roads. commissioner saunders moved, seoonded by commissioner Glass and carried unanimously. that the publio hearinq be olosed. commissioner pistor moved, seconded by commissioner saunders anO oarried unanimously, that the Subdivision Regulation exoeptions be approved subject to the following revisions: 1) Article 11, Section 10 - Monuments - approved. 2) Ar ticle 11, Section l7H - Dead End Street length of 1,000 feet - approved. 3) Article 11, Section l7J - Curve streets having a maximum ta:1gent of 100 feet at intersections - approveá. 4) Article 11, Section 16 - Sidewalks - modified per stipulations a-d. ~oo~ jL()~ PA<j~ ~83 "-v -"'" .-. ~"-'~"""'-"",,,,,._--", ...... __.;~...."".......,..._._",__,_~,..._.-.._."",...-,.......,..,,,~...,_""""..",,,...,,,,~,,,,..,,,·,.~,_.,,,#,~,·.n -""',._;."".."....-...,'~-~.^_.'" ~-~_.__._,.,'","'..,.'" "-~." 'OaK 102 "A~.! 58~ MARCH 24, 1987 a. A four (4) foot bikepath De provided along both sides of all roads with 100 feet of right of waYI b. A sidewalk/bikepath be provided along the south side of Oil Well Road to interconnect to future phases and/or roadways. This sidewalk/bikepath shall be constructed at the time of approval of the phase to which it will con- nect; c. A sidewalk ~e provided along one side of the loop road east of the main coaa. This sidewalk may be substituted by a pathway around the whole water management lake. d. A sidewalk/bikepath along Immokalee Road will be con- sidered during the approval of the conceptual plans for the commercial tract and future development tract along Immokalee Road. 5) Article 10, Section 19 - Street Name Markers and Traffic Control Devices - approved subject to the minimum requirements being met where the streets intersect any County road. 6) Article 11, Section l7G - Requesting a waiver to the street pavement widths, waiving the requirements for local roads to have two 12 foot lanes. May be waived only on cul-de-sacs shorter than 1000 feet in length and subject to the County Engineer's approval prior to preparation and approval of construction plans. 7) Article 11, Section l71 - Curb Radii approve. S) Article ll, Section K - Reverse Curve3 with a minimum radius of 500' - approved. (This was requested at the Subdivision Review Committee meeting) Item I6C2 ORDINANCE 87-10 REPEALING ORDINANCE NO. 83-2 WHICH ESTABLISHED THB COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL nND REPEALING RESOLUTION 84-120 WHICH AUTHORIZED EXPENDITURES - ADOPTED Legal notice having been published in the Naples Daily News on March 5, 1987, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider repealing Ordinance.83-2 - - - ""~~"""""""""-""''''''''''''''''''''--~'''''-''''''''--'''''''''' .. ~ '_''''''_'"_~~''_''''"'~_'>''U'''''''''C~''·'''"'''''_'''''''"''' --.".".--""",,,,- .~. ,_._.,.,. ....~- ,,~,~""' - - - MARCH 24, 1987 which established the Collier County Tourist Development Council and repealing Rosolution 84-120 which authorized expenditures for the Tourist Development Council activities. Ms. Israelson, Administrative Assistant to the Board of County Commissioners, stated that on February l7, 1987, the Board received a report recommending th(·t the TDC be dissolved, adding that the Board agreed with this and directed Staff to prepare the necessary ordi- nance. She noted that there is a balance of $4,530 that was appropriated to the TDC which will be transferred to the General Fund, adding that it is being recommended that this ordinance be adopted. commissioner Glass moved, seconded by commissioner Saunðers and carried unanimously, that the public hearinq be closed. commissioner Glasß moved, seconded by Commissioner saunders and carried unanimously, that the ordinance as numbered and entitled below be adopted anð entered into orðinance Book No. 26s ORDINANCE 87-10 AN ORDINANCE REPEALING ORDINANCE NO. 83-2 WHICH ESTABLISHED THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL AND REPEALING RESOLUTION NO. 84-120 WHICH AUTHORIZED EX?ENDlTURES FOR THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL ACTIVITIES PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Item f6C3 ORDINANCE 87-11 CREATING 'l"HE CORPORATE SQUARE STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT - ADOPTED. ORDINANCE 87-12 CREATING THE BER~SHIRE VILLAGE (AT BER~SHIRE LA~ES, PARCEL B) STREE't LIGHTING MUNICIPAL SERVICE TAXING UNIT - ADOPTED Legal notice having been published in the Naples Daily News on March 3, 1987, as evidenced by Affidavit of publication filed with the ~O!lX 102 !'A-;~ 585 'v -...... '-- " ..,.,.-.....,..,.,----_..,,'_..., ,..."".........."",...'".._......,."··...,,·.,·,""',·,,.'w....','........."'~-.,..." ,',.. ~'''~~,.~.~.,."..._''',.-.".,_..-~".... --~,.,- am 102 '~'jt 58{) MARCH 24, 1987 Clerk, public hearing was opened to consider the creation of the Corporate Square Street Lighting Municipal Service Taxing Unit and the Berkshire Village (At Berkshire Lakes, Parcel B) street Lighting Municipal Service Taxing Unit. Public Works Administrator Archibald stated that the developers have reque~ted that the County create the Corporate Square street lighting district which is located off Radio Road and the Berkshire Village MSTU which is located on Santa Barbara Blvd. He noted that the design will be underway this year if th~se ordinances are approved and based on the revenues collected in the upcoming year, a portion of the lights will be inutalled. commissioner pistor moved, seconded by commissioner Goodnight and carried unanimously, that the public hearing b~ closed. commissioner pistor moved, seoonded by commissioner Goodnight and oarried unanimously, that the Ordinances as numbered and titled below be adopted and entered into ordinance Book No" 26: ORDINANCE 87-11 AN ORDINANCE CREATING THE CORPORATE SQUARE STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE~ PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AN EFFECTIVE DATE. ORDINANCE 87-12 AN ORDINANCE CREATING THE BERKSHIRE VILLAGE (AT BERKSHIRE LAKES, PARCEL B) STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY O~ THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE PROVIDING FOR TAX ,", I I: . ~ .--: - .. - ~ .__,,,_",~,._., ,.,~,""""__"...,,,.,,,,.~>....,,,,,,;_,_,";,;_,,,",,,"",,".,,,,..........-_,,,,,,,,,.~".. ."<;",,,cw, '* .,..'-',....., "., ,~." '.^."'~ ,....,," ,- ,~~",;""",--"-----'---- - .. - MARCH 24, 1987 ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE D^TE. 'tape f3 Item I6C.f. PETI'tION SNR-87-2C, KRIS DANE AND MICHAEL STEPHEN, RE THE STREE't TBA't INTERSECTS WITH 1ST AVENUE s.W. TO THE NORTH AND 3RD AVENUE S.W. 'to TRE SOUTH IN GOLDEN GATE ESTATES UNIT 1 NAMED CASTLE ROAD INSTEAD or PBRXINS PLACE - APPROVED Legal notice having been published in the Naples Daily News on March 8, 1987, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider naming the street that intersects with 1st Avenue S.W. to the north and 3rd Avenue S.W. to the south in Golden Gate Estates, Unit 1, as Perkins place. Planner McDaniel indic~ted the location of the proposed road noting that there are two large tracts of land that will be divided into 2-1/4 acre lots and the developer is asking that this proposed roadway be named Perkins Place. He noted that staff recommends denial because in the next tier to the south, the c?nnecting easement is celled Castle Road and there is a real possibiliti that this easement would be connected with the proposed road and it should all be named the same. Mr. Doug Dane of Coastal Engineering stated that Perkins Place was requested in memory of the person who designed the road, but if this creates a ~roblem, he has no objection to the name of Castle Road. commissioner saunders moved, seconded by commissioner pistor and oarried unanimously, that the public hearing be closed. . . " ; \;.; ~, ~DOK 102 PA1jf 587 v ......, . . ~>'_·_''"·'···'i.,,"",'·''''''_'''"_'''''''''"'''·''''''_'"'"''_''''·>'''''''''''''·_''''·-'';··'',".-.' .,.,'"",,,,"« """"., ,....~,._,.".,_..._,---,-- 'OQ~ jL02f>.r;t588 MARCH 24, 1987 commissioner Saunders moved, seconded by Commissioner Glass and oarried unanimously, that the street that runs north and south in Golden Gate Estates, unit 1, alonq the eastern boundary line of tracts 6 and 7 be named as Castle Road opposed to Perkins Place. Item f6C5 ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 86-28, AN ORDINAHCB RELATING TO FLOOD DAMAGB PREVENTION - CONTINUBD FOR TWO WEBKS Legal notice having been published in the Naples Daily News on March 5, 1987, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Collier County Ordinance 86-28, an ordinance relating to flood damage prevention. County Attorney Cuyler stated that this proposed ordinance has some changes that arp. necessary for Collier County to maintain good standing regarding flood insurance and are mandated, which means that if the County wants to continue in this program, these rules need to be adopted. Planner McDaniel stated that on Page 5 of the proposed ordinance. one of the changes is that FEMA has insisted that mobile homes be treated as single-family homes and they have to meet the required ele- vation. Commissioner Hasse questioned if the mobile home associations have been spoken to regardina these changes, to which Mr. McDaniel replied negatively. :1 :\ ., - - - "'o.,"""'.,....,_,¡(_,;.,c_,;"""""·..""..,___......,'·,",~',·_·o ,. "',....,..,~..,--"---".......".._,.,,-~..~_."'.~.",.,..-,.~-~.'".-----..-- - MARCH 24, 1987 Mr. McDaniel stated that the above-referenced change means that any mobile home that moves will have to be raised in elevation, but those existing and sitting at the lower level will not have to be raised.- County Manager Lusk stated that some of the mobile homes will have to be raised 7 feet, which is almost impossible as the lots are too small to do this. commissioner Pistor stated that the County does not have much choice as the new law does not allow variances and if these rules are not adopted, the whole County will be without flood insurance. Commissioner Hasse indicated that he would like to have all mobile home parks notified of this matter before it is adopted. County Attorney Cuyler stated if the County does not adopt these new rules, there is the possibility that the County will not be able to participate in this program. Mr. Chester Dobeck stated that he lives in a mobile home and noti- ces should be sent to all the mobile home parks as these rules and regulations are going to create problems for people. He stated that if it is not required to pass this ordinance this date, he would like to see it postponed for a while until everyone can be notified. He indicated that if someone has to build a handicap ramp to their mobile home, it would be impossible on a single lot as the proper grade for the ramp could not be met. &OOK 10~w.~58D .-. ..,-~,~--,....- -~~",..~-,.,,,,.,,..< ~,<."~.~,_,.,,,,,,.,,...·,,..,·_,",,C"'~"__ ..."-~---"'~.__...- aOOK 102 PAr.( 590 MARCH 24, 1987 Commissioner Hasse stated that he would like to see this matter continued for two weeks and notify the mobile home park associations. Commissioner Glass questioned if there would be any problem in continuing the matter for two weeks, to which County Attorney cuyler stated that there is a 60 to 90 day grace period after March 31, 1987. Commissioner Goodnight stated thðt she has no problem in con- tinuing this item, but it is being mandated by the government. She noted that Commissioner Fussell of Lee County has gone to Washington to discuss this matter and she would suggest that either a represen- tativp. from Collier County go to Washington, if necessary, or talk with Commissioner Fussell when he returns to find out if anything has changed. Commissioner Saunders stated that the County Attorney has dealt with FEMA on numerous occasions and he should be directed to contact Lee County Commissioner Fussell and report back to the Board of county Commissioners as to whether he should go to Washington to look into the matter. Commissioner Hasse directed that the County Manager's office con- tact the mvbile home associations before this item comes back to the Board in two weeks. commissioner Glass moved. seconded by commissioner Saunders and carried unanimously. that this item be continued for two weeks and that commissioners Hasse's and saunders' directions be incorpora~ed - .. - ""'^''"'-'''''--''''~'''''-''''~'''--''''''''''''.'''"''''''''''"' """";.".",.~"."".",.;"",;",,,...-.,,,_,"' "'" "'''_.........,."..".-_~.....__.....~.,..w..''_ - .. - MAROB 24, 1987 into the motion. ***** RECESSt 10t30 A.M. - RECONVENBDt 10t40 A.M. ***** 'tape f4 Item f7B1 RESOLUTION 87-57 RE PBTITION PO-86-27C, ROBERT C. DBMAREST, REPR. 'tBB BCC, REQUESTING PROVISIONAL USB FOR A PUBLIC BRANCH LIBRARY ON MARCO ISLAND - ADOPTED Planner Weeks stated that this provisional use is to allow a branch library on Marco Island. He stated that all surrounding pro- perties are zoned RSF-4 and undeveloped with the exception of one single-family home to the south and Marco Island Community Park to the southeast which is under development. He noted that this petition is in compliance with th~ comprhensive Plan and is compatible with surrounding properties as long as the stipulations are approved. He noted that there were two letters of objectionß received, but Staff recommends approval subject to the stipulations contained in the Exe- cutive Summary dated March 24, 1987. commissioner Goodnight moved, seconded by commissioner pi.tor anð carried unanimously, that Resolution 87-57 re Petition PU-86-27C, requesting provisional use 8.10 of the RSP-4 zoning ðistriot for a publio liÞrary on March Island be adopted. : ';;.. t; \" I t J. em 102 PAr,r 591 ~ ~:::!. , ' it i·, _4.>..,,_'"",.."___-~-..,-"..,-·""~·'...'-<- ^''""".'''..------.-.--- - - - MARCH 24, 1987 Item f7B2 PETITION PU-86-2 6C. REQUESTING PROVISIONAL USE 8.10 0],1' 'l'HB "Ilt ZONING DISTRICT FOR A TRANSFER STATION ],I'OR THB SOLID WASTE DEPARTMENT IN NAPLES PRODUCTION PARK - DENIED. STA],I'],I' DIRECTED TO NEGOTIATE WI'l'H THE AIRPORT AUTHORITY AND TO CONTINUE LOOKING FOR A PERMANENT SITE Planner Weeks stated that this proposal is to move the transfer station into the Naples Production Park south of Enterprise Avenue. He stated that the subject property and the surrounding property is zoned industrial and most properties are developed with industrial uses. He noted that the property adjacent to the south and west are undeveloped. He indicated that this petition is in compliance with the Comprehensive Plan and Staff found the location suitable and the use compatible with the surrounding properties. He stated that the Planning Commission disagrees with Staff and recommends denial and members of the public also disagree with Staff's recommendation. He stated that the Planning Commission feels that the current site is more appropriate and there will not be a substantial savings by moving this transfer station, but there will be a significant impact on the neighboring properties. He noted that there were 8 persons that spoke against this petition at the Planning Commission meeting and 2 letters of objection have been received. Commissioner Hasse stated that he received notification that there are deed restrictions on this property that prohibits a transfer sta- tion. County Attorney cuyler stated that private deed restrictions are &ODK 10~ PAG~597 " ...".,..___,~ø·' """_~,__","",_,~_,,,,,,,,,,~,,_""._"'____"'~"'."~"."'~.'."..,,,..._.,,_.,,..-..,__,,,,,,,..-,,,,",,,,,,,,,,,·,,,0" ..",_H" '...... "'" 102PAGE~D8 MARCH 24, 1987 not the concern of the Board of County Commissioners, adding that this would be the developer's concern. Commissioner Glass stated that the County should investigate this before they enter into a lease agreement with the owners of this pro- perty. Mr. George Keller stated that this location is not appropriate for a transfer station and the whole issue of this transfer station should be reviewed to determine if there is even a need for a transfer station. Mr. Jack Humphrey, President of International Packaging, stated that when he expanded his plant, he was required to put in hedges, parking and water retention areas that cut his square footage by about 1,000 square feet wh\ch he had no objections to as he is trying to improve the area. He stated that he hopes that if this petition is approved they are required to follow the same regulations. He noted that the Naples Production Park is being set up as a taxing district to improve roads, sewers, and water in order to try and attract new industry to the area and a transfer site would not be an attraction. He stated that he is in the process of forming an association and no one is happy about this petition. He noted that the roads are not maintained by the County and a transfer station will increase the traffic on the roads. He stated that it should be determined if the transfer station is needed as once mandatory trash collection goes - - - - - - MARCH 24, 1987 into effect there may not be a need for a transfer site. He noted that the County could possibly negotiate with the Airport Authority. Public Works Administrator Archibald stated that the transfer sta- tion has been at the Airport since 1975 and they would like to stay there and be able to look for a permanent site and not have to use a temporary site for a couple of years, but the amount of the lease went from $l3,000 p~r year to $20,000 per year and now the Airport Authority wants to increase it to $30,000 per year. He stated that a site in the industrial park would be the logical place for a transfer station and he was surprised that there was so much objection to this at the Planning Commission. He noted that the site has a vegetative buffer on three sides, has been cleared and is an ideal location. He stated that the transfer station primarily serves the industrial park. He said that at the present time, they are paying on a month-to-month lease. Commissioner Glass questioned how much it will cost to totally move the site and also if this transfer station will be needed if man- datory trash collection goes into effect? Mr. Archibald stated that there is about $28,000 to $30,000 allocated for site improvements, buffers and a ramp for dumping. He noted that the traffic count for this transfer station is about 80 vehicles a day and the revenues generated are estimated at $125,000 a year and the cost to operate it is a little more than that, but to service the 80 vehicles a day, the ~OOK 102 PAr,r 599 ,', """, ·"~"'~."_h..,~_..~"""", ,__,'~~ ~,._,._,..n.~.~_.__."_,...___ .... " " " .' "^'-"~"''''''''''''''--",,,._--,,,,-,,,_.~,,,,..-~~.-.-,...^.,.,,-,,.,,,,,,,~.""'" aOOK 102 PAGt 600 MARCH 24, 1987 transfer station is needed. Commissioner Hasse stated that he is concerned with ell the objec- tions to this, adding that he thinks that the County should follow up on further negotiations with the Airport Authority as he does not feel that they are willing to lose this income. Commissioner Saunders questioned what the rent will be for the new site, to which Mr. Archibald stated that it would be $6,000 per year, adding that the property already has fencing, a concrete slab, and a driveway. Commiosioner Pistor stated that he feels that rether then move to a temporary site for two years, that the County should negotiate further with the Airport and remain there for the time being until a perman~nt site can be found. Comrr¡issioner Gooùnight stated that if these 80 vehicles e day are for comm~rcial businesses, then mandatory trash collection would not effect them at all and the transfer station would still be needed. Public Works Administrator Archibald stated that the majority of the people that are served during the week are from the industrial area and if the transfer site was eliminated, these people would have to travel a lot further to another transfer station. Mr. Robert Lawrence, representing Wolrich Company, stated that he is against this location for a transfer site as they are dirty and smelly and should be located in an isolated area. He stated that on ¡:., j - .. - _"."d.._'...,....".,.._'"'".... ..____," "_"_"_»~_'__".~"_'___'M__~;'.._______,.. ~"-,..._"...""--".,...---_...._...""-''''-"..~'"'-,,,., - - - MARCH 24, 1987 the basis of health, living and working conditions, he is asking that this petition be denied. Commissioner Glass moved, seconded by Commissioner Saunders and oarried unanimously, that Petition PU-86-26C be denied and that Commissioner Saunders and Public Works Administrator Arohibald con- tinue to neqotiate with the Airport Authority. Commissioner Saunders moved, seoonded by Commissioner Goodnight and oarried unanimously, that Staff be directed to continue its efforts to look for a permanent site for the transfer station. Item f7B3 PETITION PU-86-23C. DONALD C. BEACRAFT, REPR. FRATERNAL ORDER 07 EAGLES, INC. (GOLDEN GATE AERIE 14028), REQUESTING PROVISIONAL USE "D" OF "E" ESTATES FOR A FRATERNAL ORGANIZATION - DENIED Planner Weeks stated that this provisional use is for the Eagles Club which is to be located on the west side of CR-95l between 3rd Avenue N.W. and 5th Avenue N.W. He noted that the surrounding proper- ties are scattered single-family home with all adjacent properties being undeveloped. He reported that it is in compliance with the Comprehensive Plan and Staff has no objections subject to the stipula- tions contained in the Executive Summary dated March 24, 1987. He indicated that the CCPC disagreed with staff and based on their Finding of Facts voted 5/2 to deny this petition. He stated that four people spoke in opposition to this petition at the CCPC meeting and one person spoke in favor of it. He noted that one petition with 17 l" ~oox 102 PAG~ 601 ........ ,'. " ~"-~'""'''''''''-µ-~'->'-'''"''^~-''' '''<1_,..".,,-- H'~=_"''''_'____~__''''''''''''''''_'''~''''''_"''''''"'';''''''''';''"''''''''.,'._..""_..,......".._,.,.,..."....... --'- "-. aDOY; 102 PAŒ 602 MARCH 24, 1987 signatures was presented against this proposed use. He indicated that numerous telephone calls have been received against ttis petition. He stated that based on the Planning Commission recommendation, the recommendation is for denial. 'tape IS The following people spoke against this petition citing the effects on the future, the sale of alcoholic beverages in a residen- tial area, the noise, the possibility of groundwater contamination from a septic system, depreciation of the value of homes in the area, the increased traffic, the safety factor of children, the lack of a Golden Gate Estates Master Plan, and not compatible with the surrounding area: John Bayer Budd Fontana Norman Brown Richard Braun Willie Whatley George Keller Stanley Brown Russell Holaway Adolph J. Civello Martha Prue Planning/Zoning Director McKim stated that the Golden Gate Estates Master Plan has come up periodically and has been worked on in the past but at the present time, it seems fruitless to develop a plan under the current Comprehensive Plan which is gOing to be changed. She stated that Golden Gate Estates should be addressed in the future comprehensive plan and if a more detailed study is needed, it could be adopted after the new cvmprehensive plan is adopted. She stated that if the Golden Gate Estates Master Plan Was done at this time, it would - - - --.......,···..·,.""'""""··'''..0.... -'~···'·-"·"_,"~.C_'" . ._,'-_£,¡.,"""".,-""""._-,.._......_... - .. - MARCH 24, 1987 be completed about the same time as the new comprehensive plan and would have to be redone. Dr. Neno Spagna, representing the Petitioner, stated that the Petitioner will be happy to work with the people in the area to pro- tect them, adding that the nearest residence will be 850 feet from the Eagles Club, and other residences are 1,000 feet and 1,250 feet from the Club. He stated that this is only a request for a provisional use and the Eagles Club has always been a good ~eighbor. He stated that this organization is members only and a member must have a key to enter. He stated that the current facility is in Golden Gate City and there are over 80 residents in the area and to his knowledge there have been no complaints regarding the activities in this location. He stated that they are planning on making sure that the facility fits into the neighborhooJ and they have agreed to all the provisions that have been required by the Planning Commission. He stated that there is one provision that they do agree to vOluntarily but will agree to it if the Board of County Commissioners makes it part of the condition for approval, adding that the provision is that a left turn lane and right turn lane be required off CR-95l. He stated that the only reason that there is some disagreement is that this provision will cost between $15,000 and $20,000 and CR-95l has no such lalle from Florida Choice north to Immokalee Road, which is 7 miles in distance. 'tape IS aaOK 102 pm 603 v "'- ; -. "-'"'·^'''··''''''''''"'''''''-~__''''''''~A.~ -..-.......- ""\. &cox 102 PA~t 604 MARCH 24, 1987 Dr. Spagna indicated that if these turn lanes are installed, it would be a waste of money as C~-9Sl is scheduled to be four-laned in 1992 and it will take over a year to complete the turn lanes and then in possibly a year or two, they would be taken out when CR-951 is four-1aned. He stated that the best time to put these turn lanes in would be when the design of the four-1aning of CR-9Sl is completed. He noted that tlith regards to the left-turn lane, there will be no median cut in that area so that left-turn lane would be useless. He indicated that the parking and the building is going to be built on the eastern one-third portion of the property and the rest of 'the pro- perty will be left in its natural state. He stated that there will be a 30 foot buffer area maintained around the northern perimeter of the property. He stated that he is requesting that this petition be approved as they have complied with all requirements of the ordinance and agree to all stipulations. Commissioner Saunders questioned what the size of the building will be, to which Dr. Spagna noted that it will be 70' by 60' which will be 4,200 square feet. Mr. Donald Beacraft, Petitioner, stated that the buildihg will be nice looking and compatible with the neighborhood but there have been no plans designed at this time. He stated that the property is five acres in size. Commissioner Saunders stated that he is a little curious as to - - - ...~ .....-"--.,-'''''''...-....,.--.----.. '"'._~~"^"''''.'''-''''-'' MARCH 24, 1987 why the Planning Commissjon recommended denial, adding that the only reasons listed is that liquor is not compatible in the area and the noise factor. Planner Weeks stated that there was no additional reasons other than th~ reasons that the public expressed. Commissioner Saunders indicated that it would be appropriate for the Planning Commission to indicate their reasons for denial instead of just for or against. Dr. Spagna stated that one of the reasons was that the Planning Commission felt that the issue of the access had not been resolved as the Petitioner did not agree to the right and left turn lanes. commissioner Goodnight moved, seconded by Commissioner pistor that Petition PU-86-23C be denied due to the opposition of the neiqhboring residents. Commissioner Saunders stated that he feels that this petition should be approved as this location is sparsely populated and has ade- quate buffering. He stated that this is a small facility and this would be the appropriate location for such an activity. Upon oa11 for the questioned, the motion carried 4/1, (Commissioner Saunders opposed). Item fSA CONSTRUCTION OF 300 CONDOMINIUM UNITS FOR WIGGINS PASS CLUB - APPROVED Donald Pickworth, Attorney representing Wiggins Pass Club, stated that his presentation consists of the material that was presented to ~GO~ 102 PAGE 605 ~ -..." ,.. , "~'-"'-"-"''''-''''~''~~"''._'-- .'-'.._--."","....._._~.,._'"",..'"""",.-,..".....,"~..',.,,",. 'OD,( 102 P~~¡ 606 MARCH 24, 1987 the Board members and he would be happy to answer any questions that may arise. Commissioner Glass stated that what is being requested is 60 units based on the down-zoning that took place after the property was trans- ferred to someone else and then transferred back, but the impact fees were paid based on the original 300 u~its. He stated that the infrastructure shows that it has been set up for 300 units. Mr. Pickworth stated that the property was taken back a month after the building permits were extendable by nothing more than an application and the previous owner did not make the application and a month later it was too late and they got the property back. He stated that all the work that was done by FMI Corporation was later trans- ferred over to another group that defaulted on the mortgage. Commissioner Glass questioned if all these impact fees have been paid to the County, is this a supportable project in the future as long as the water pressure has been corrected? Utilities Administrator Crandall replied that the improvements should be there and available before this project is ready to come on line. Commissioner Hasse questioned if the additional 40 units are denied does it mean that the County would have to pay back the impact fee~ that have already been collected? County Attorney Cuyler stated that this is an example of an alleged vested rights situation, adding that the developer at one time - - - >......".-.."..,--'---"...""~_..". ... ·..···-······,~"'·"'_,·~"_·_____¡___c_"'.~'"""""__-".....,"...".."'"~'""'~...,"_".,~~___ _,,,.__,_,.__~.~. - .. - MARCH 24, 1987 was granted approval for 300 units prior to the 1982 ordinance and the developer had building permits at that time and the property was down- zoned so that the developer, under the 1982 regulations, would be per- mitted to build 260·units. He stated that as part of pulling the building permits, the developer paid all the applicable impact fees. He noted th8t the Board can make a pOlicy decision that because of the amount of work that the developer put into the project, the Board may feel that it is appropriate for the developer to still be able to build the 300 units. He stated that it is his opinion that the County would have to return the impact fees for the down-zoned number of units. He stated that the Board of County Commissioners has the authority to say that the developer has put a substantial amount of money into the project and that the County should be estopped from down-zoning and/or continuing with what already has occurred. He stated that the Board is not legally mandated to do anything, but they do ~ave the discretion to make a pOlicy decision. He stated that his position on the impact fees is that the majority of the impact fees is not subject to refund, adding that he would only advise that the Board refund the impact fees on the 40 units. He noted that the developer allowed the permits to expire so his reliance on his building permits expired at that point and the impact fees were for capacity which has still been indicated to the developer will be provided. He noted that if the developer sells the property, those impact fees go along with r< 1 &OOK 102 PAGE 607 '\ ."'V ............., .-. ..........__...""."'.~->'.,' .. -.. aoox 102 PA';! 60B MARCH 24, 1987 the property and any subsequent purchaser would be entitled to those impact fees. He stated that the developer's position is that the pro- ject can only go with the 300 units and if it is down-zoned the pro- ject cannot be built and, therefore, they want the impact fees back. Commissioner Glass stated that the question seems to be whether this 300 unit development would be puitable for the area and the Utilities Administrator has indicated that there would be no problem. Commissioner Saunders questioned if the 300 units is compatible or if the 260 units is compatible, to which Planning/Zoning Director McKim stated that in looking at the impact of the 40 units which is in question, the traffic impact is negligible and would not make a signi- ficant difference on the roadways. She stated that as far as com- patibility, that number of units is not going to change the character of the project enough to say that it is incompatible. Mr. Pickworth stated that he has investigated potentially similar situations and he has in his letter to the Commissioners dated March 20, 1987, the parameters that he used. Commissioner Saundars moved, seconded by commissioner Glass, that the construction of the 300 condominium units be approved ft. the deve- loper has committed a substantial amount of capital toward construc- tion and the payment of the impaot tees is not a reason for granting this. County Attorney Cuyler stated that all new costs that are appli- - .. - "·"'...____....··,__u,,, ,.,....,";"'".__,."..,.",....__,__"~_;...__._,.. N_._ "."'.....,...,.,..,.,..._..,,""'"""_"....<.,_~..__..~,,_,"~......~,"D"~ MARCH 24, 1987 cable to the building permit is going to be part of this. commissioner Saunders stated that this motion involves only the issue of zoning and doe. not involve the issue of the payment of building permits or ad~itional impact fees. County Attorney Cuyler stated that the Board may not want to exempt the peyment of the water and sewer impact fees because that is what differentiates this development from other developments. He stated that this is a criteria to be evaluated but the fact that the Boerd is granting this, in no way, is a concession on the Board's part that this has to be a deciding factor, adding that it is just one of many factors. Commissioner Saunders questioned if he will be sure that his client pays all the ovtstanding water bills, to which Mr. Pickworth replied affirmatively, adding that whatever they are, they will be paid. Upon oall for the question, the motion oarried unanimously. Item flOA REDUCED DENSITY AND VESTED RIGHTS CLAIM ON RIVIERA rOONTAINS PROJECT - CONTINUED County Attorney Cuyler stated that Mr. Silverio's client has already filed against the County and several arguments were made in court and the case was dismissed without prejudice. He stated that one of the arguments was that the Plaintiff had failed to pursue and exhaust all the administrative remedies, which means that the aOOK 102 PA(;! 609 ¡ ¡' '..... " ." 'C_."""_.''''''"'~__'''~~' " '.._._.".,.... .,.,.."·.v'~..,_,_.,...,..,_"_",,,,,,,,,,,,,,,,_,,,,,_,, '-"-""~""-""'''''~''---'''''-'''''''-'''''''~''~ ,_._,...,-""',.,..,."","'..","','""';....'"...~'"..-...;.""""">,,,....",,,,_.. aODX 102 p.\'.! 6iO MARCH 24, 1987 Plaintiff never came before the Board and asked for relief. Mr. Mark Silverio, representing the property owners of Riviera Fountains Venture, presented a factual submission which gives a brief overview regarding this matter. He stated that this is a summary of the facts that Riviera Fountains is a property owner which obtained zoning approval in 1973 for a multiple group housing allowing them to build up to 276 units on their project, adding that in 1978 the deve- lopmental plan was approved and shortly, thereafter, construction com- menced. He noted that 156 of the units were bùilt which represents 60\ of the project. He noteð that in 1982 the new zoning ordinance went into effect and down-zoned the existing zoning that was on the property which had the effect of diminishing the density by 30 units and he is asking to develop the remaining portion of the project, which is Phase IV and Phase V for an additional 120 units and the zoning only permits 90 units. He statéd that he contends that there are vested rights because they relied on oral and written represen- tation of the Director of the Collier County Zoning Department which' was a letter that was sent subsequent to the enactment of the ordi- nance which indicates that the property owner may be permitted to develop th~ir project with respect to the 120 units that are at issue. He stated that he also contends that there are vested rights because the property owner in this project has already expended in excess of $100,000 to make capital improvements for the infrastructure for - - - ,,-,.... ...~"'--;..~."'_.....,..." ....,..-- ·_....'".__F.__,,,~~~~·,·._·," '" _...",.~."",__~"..._."..",._.__.,_.,..,___,,~".... · ..........~--..~..,~..," .'"."" - - - MARCH 24, 1987 water, sewer, utilities and all the related expenses. 'tap. .7 Mr. Silverio stated that he is requesting that they be allowed to construct the additional 30 units. He stated that a lawsuit has been filed that alleges these same facts and Judge Hayes has' indicated that this matter should be brought before the Board to exhaust their admi- nistrative relief and asking the Commission for relief to permit the additional 30 units to be built before it goes back to court. He stated that he believes from the Community Development point of view, the impact of the additional 30 units is negligible. In answer to Commissioner Pistor, Mr. Silverio stated that permits were never obtained for these 30 units, adding that they were ready and prepared to do i~, but did not proceed with it as it was felt that there were vested rights with respect to the zoning that they had prior to the 1982 ordinance. He stated that the developer is ready to proceed with the remaining units and ready to pull permits and pay all fees and commence construction. He noted that all the infrastruc- tures are stubbed out ~nd in place, adding that the road is partially in, but not entirely. Commissioner Saunders questioned if Mr. Pettrow would' need time' to look at this or if he feels comfortable with what has been presented this date, to which Community Development Administrator Pettrow stated that if the Board of County Commissioners wants him to look at the 'I ¡. q; ~GOK 102 m£ 611 .. "'" '"_..,---.........'''.."......._,.-..,;,_4l__"___...~->*',...."..._,.~._..._..~.,,,..~.,'~_.. allox 102 PAf.1 612 MARCH 24, 1987 impact, character or density of the area, he is not prepared this date and it would be several weeks in order for staff to be able to look at this. Commissioner Glass questioned if any system development fees or charges been paid, to which Mr. Silverio stated that all fees have been paid for the units that have been built. He stated that fees have not been paid on the units that have been down-zoned, adding that he feels that a capital contribution has been made for infrastructures for the proposed l20 units that have not been developed. Mr. Silverio stated that all the infrastructure is in as set forth and been engineered and spent for 120 units and any change in causing it to be 90 units would be anQther cost to the property owners. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that thi~ matter be continued to April 14, 1987, in order for Staff to do a fair appraisal of this situation. ..... RECESS: 12:20 P.M. - RECONVENED: 1:30 P.M. at whioh time Deputy Clerk Xueter replaoe Deputy Clerk Kenyon ..... Item f9A2 BUILDING INSPECTORS TO WORK ON SATURDAY - APPROVED FOR APRIL 25, 1987 ONLY Building Code Compliance Director Magri stated that the BUilding Department has been requested to have Inspectors available during construction of a "Hall" for use by Jehovah's Witnesses on Green Boulevard in Golden Gat~. He explained that the "Hall" will be built <,' - .. - ."'- ...._.,.".~~""~"..-,.. '~-""'~-"'''-'''''- ,"·,_·_··~···,··_·_,......,·-·_"",,_u_,.... "'-"-"'"''''~'~--'''''''-"''''''----''-''''''''''''''"'''"''''''''''''''''"."",-..,,,,,-,-.,,,_.,,.,"","""",""~""""""-~' -"._""""'...,-,,------,..~ MARCH 24, 1987 within 4B hours and inspections will be required throughout the day on Saturday, April 25, 19B7. He advised that the Jehovah Witnesses will incur the cost to pay inspectors for the overtime involved with working. on a Saturday. Mr. Magri requested the Board to give consideration to the fact that a precedent may be started through granting approval of this request. He advised that he has received anonymous phone calls aSking why contractor~ cannot get Saturday inspections if they pay the cost. Mr. Magri stated that Staff recommends denial. Commissioner Goodnight stated that it is her understanding that they have chosen the weekend because the labor is being donated to build the "Hall". She stated that she would like to approve the request. Chairman Hasse stated that he would like to see more of this spirit and thinks it is a great gesture. He stated that the purpose of this is not co~tractual and it is being done by a church to keep the cost down. . ',,', Mr. George Keller and Mr. John Keschl spoke in favor' of giànting the request. Mr. Keschl stated that the County should be certain to get a waiver from the employees in case of an accident. County Manager Lusk stated that the employees will be on overtime, will be covered under the County's Workmen's Compensation Insurance, and will be paid by the County. He stated that the Jehovah Witnesses : ",1:_ r aOOK 102 PAGl613" .-, --,-,,-~.,_., ,~'" '~·M'·"''',,"___.... -..............-.,-"."",....,. .~. ~"'-,·...'''''''~',b,''''''''''_·.k_".'''...".."'''',,..,,''''''',......fu__,,__,......,~'''.''',,', . of' '""""""''"''~~-''''''''''''''--~''--''''"''~'~'- ~'-"''''''-'''-'_'_-''~~''_''''_----"--"""",_-....",,.. ~ --..,.-,. . ·""'~"--''''''_'_'_'''''''''~_''"'''_''-'''__",",.ú_.,."_,.-~_-,,..-_.",,,,,___.,, MARCH 24. 19S"7 4 and 5, since they are not appropriate at this time. Commissioner Saunders requested County Attorney Cuyler to explain the cost in the Agreement and in addition what the cost would be without the Agreement. In answer to Commissioner Saunders, Mr. Cuyler stated that the Memorandum contains the following: 1. $69,319.00 representing one-year's salary. 2. $17,329.00 three month transitional consulting engage- ment. 3. Annual leave and sick pay in accordance with current County policie3. 4. 312,260.00 for Legal Fees incurred on behalf of Mr. Lusk through today. Mr. Cuyler stated that if the manager had been discharged by the Board for any reason, other than criminal activities, the costs would be: 1. $35,000.00 severance pay. 2. Two months salary for notice. 3. Annual ~eave and sick pay in accordance with current County ¡:.olicies. 4. Attorney fees were authorized by a previous Board. Commissioner Saunder3 stated that the Board is actually paying $44,000.00 more than what the manager's contract provides. He stated that this particular issue has occupied more of everyone's time than any other issue considered by the Commission and the additional cost is a small price to pay to end a long period of dissension and has become necessary to move forward with County Government. Tap. f8 Mr. Dick Braun spoke in favor of this issue. Mr. J. S. Scatena aOOK 102 PAGt 615 ~ "'-, -.. ... ,-,- --''-'_·~'·'_.''·_N~'..". . '.d.....',,"'W'___.~__ --~-..~",·....""'.........____..,.·.',...._.u.. ". _,,,;~.~...o.,...,,,,,,,,,,",._,,, , ,~ aOOK jl()~p~r,tf3jlf) MARCH 24, 1987 and Mr. John Keschl spoke against the expense involved. In answer to Mrs. Charlotte Westman, League of Women's Voters, Commissioner Glass explained that Item *2 of the Resolution means that if Mr. Lusk does no~' leave the employ of Collier County he will receive a 2% increase on July 1, 1987. Commissioner Goodnight recommended that the Commission take action separately on the Resolution and the Agreement. Commissioner Pistor stated that these actions destroy any credibi- lity that the Commissioners have and is a careless use of taxpayers money to one minute ~ass a Resolution on what a great job is being done by the manager and give a 2% raise while in the same breath spend over $100,000 of tax money for Mr. Lusk to resign. He stated that he heard of this proposal from Commissioners from other counties when he was in Washington last week. He said he is glad he had no part in the arrangements nor been privy to the discussions and papers involved. He stated he personally feels this is a disgrace to Collier County and he hopes Mr. Lusk does not agree. Commissioner Goodnight moved, seoonded by Commissioner Glass and oarried unanimously, tbat Resolution 87-58 8upportinq the County Manager and commending him for the acoomplishments of the last three years. be adopted. Commissioner Glass moved, seconded by Commissioner Saunders that the Settlement Agreement within the term. set forth in the Memorandum .. .. .. - .. - MARCH 24, 1987 with the chanqe deletinq Paraqraphs 3 , 4 and ohanginq the words in .C to "past and ourrent County employees" be approved for signature within 5 days. During discussion of the motion Commissioner Goodnight stated that to pay Mr. Lusk to get rid of him is ridiculous. She stated the problems that have occurred within the last 6 months have stopped Mr. Lusk from looking for other jobs because there had been no support shown. She stated that she is thoroughly against the action and it is a misuse of taxpayers money. Commissioner Saunders stated agreement with Commissioner Goodnight, but also stated that the action is necessary. Upon call for the vote. the motion carried 3/2 (Commissioners Pistor and Goodnight opposed. ; (~!, .' ¡ ..', c, ". &OOK 102 PAcr 617 ~~ , ' It: . , (~q .., ,,,.-"....-,..~.. '"-.'.,~.,_._~. ¡ d ......~--,..-."""--~",;".'..._---_...."-~...,,"".,"-.".,., "'O<_""";"""'~_"""'_"" .n,_,.....,,_..._.....~,. am 102 PAGf 624 MARCH 24, 1987 «. 'v ~ ... RECESS AT 2:15 P.M. RECONVJ:HED AT 2 :25 P.M. ... It.. UDl SOUTH COUNTY REGIONAL WASTEWATER FACILITIES - STAFF DIRECTED TO CONTINUB ENTIRE PHASB I PROJBCT AND INVESTIGATE CHARGING VOLUMETRIC RATES Assistant Utilities Administrator Arnold stated that this discussion is for the purpose of receiving direction on the scope and intent of the South County Regional Wastewater Facility. Mr. Arnold stated that the Board had expressed concern about the size and the financial implications of the regional facility and requested that alternatives be investigated. Mr. Arnold advised that Staff has been working on a current grant for the past year. He stated that a time frame problem has arisen and the key to working out an extension on the grant is to know exactly what Collier County is going to build. He stated that complete speci- fications must be submitted by the end of next month. Mr. Arnold displayed a map depicting the entire Phase I project and portions which Staff feels could be deleted, if necessary. He stated that if the lines along Rattlesnake Hammock, Thommason, Bay Shore and Shadowlawn are eliminated, the new developments in the County will be given sewers at this time while current customers must wait. He noted that the elimination of these lines also means there will be no immediate customer base. Mr. Arnold advised that this decision rests on the g.~nt status. He said the Clean Water Act " - .. - .._,.'".-."~--- ..... .._-=-- ...'"--""~-- -,_.~-_.._."'''' - .. - MARCH 24, 1987 discusses providing 55% of the needed money, however, this is not exactly the case. He said that DER is not looking to fund new growth, but rather the majority of the money will be used to abate and alle- viate problems. Tap. It Mr. Arnold referred to a chart depicting dollar amounts for Phase I and stated that the dollar share attributable to Collier County will be 20.5 million dollars. He stated that if the size of the pro- ject is reduced, grant monies are not reduced proportionately, and the local share of the reduced project will be approximately 13.9 million dollars. He stated that the Utilities Department estimates for that for every million dollars of project built, the customer increase will be 3!% for a total increase in sewer bills of approximately 70% to 80% for all of Phase I and a 50% increase in sewer bills if only part of Phase I is built. Mr. Arnold stated that the problem with eliminating parts of Phase I is that the East Naples area is where customers will be gained, and fewer customers results in generating less development charges and a higher increase in rates. He said the larger the customer base, the more development charges, resulting in less of an increase in rates. In answer to Commissioner Pistor, Mr. Arnold stated that DER is going to phase out the grant program and commence a loan program for these monies. He stated that, unfortunately, this places a certain ~GOj{ 102 PACE 625 v """- ,-. ...................- ~ 'QQ~ jL02 p~rJ~ 62{) MARCH 24, 1987 degree of urgency on this project. He said that if the East Naples area is done soon, the County could take advantage of the grant program, but if the County waits they could very well be looking at a loan program. Commissioner Pistor stated that he was told the same thing in Washington last week. Mr. Arnold reminded the Board that a broader customer base and development charges does not bring in money up-front. He stated that as everything goes on line it is estimated that 20 million dollars will be generated, however, jt will not be available until the custo- mers can actually connect to the lines. Utilities Administrator Crandall stated that development charges are in place at the present time and there is 1 million dollars available to spend today from these charges. He said that over the next year approximately one-half of the development charges could be spent for this purpose. He stated that the County must borrow 100\ of the cost up front for this project. In answer to Commissioner Saunders, Mr. Arnold stated that a User Charges Survey was compiled by DER in 1986 and advised that develop- ment charg~s average 14% higher than Collier County's. He said the rates themselves are all higher than Collier County which is at $ll.35 per month for an average 2 bathroom dwelling. He reported that the survey shows rates for the sam~ average users from $l6.l5 per month in Manatee County to $33.92 per month in Brevard County. - .. - 11 ___m""'_'O O__'"''___'''_'*,"",__,,,,,,,,,,,·,_~_'''''_''''''·''··'_'",·''"'''''·'"h'''--' - .. - MARCH 24, 1987 Mr. Crandall stated that Collier County has been encouraged by DER to begin using volumetric rates. He stated that staff recommends this type of. rate structure since it places the onus on higher users. Mr. Arnold stated that the 70\ to 80\ increase for all of Phase I will bring the average 2 bathroom bill to just under $20.00 per month. Mr. Harold Hall, speaking as a resident of Collier County, urged the Commission to go forward with the complete phase I project. Commissioner Saunders stated that he is not real pleased with the estimated rate incre~ses, however, he doesn't see any alternative than to move forward with the the original Phase I design. commissioner saunders moved, seconded by commissioner pistor and carried unanimously. that staff be directed to continue with the entire Phase I project for the south county Regional Wastewater FacilitY7 immediately investigate charging volumetric rates7 consider an interim rate increafte to offset the total rate increase7 and con- .ider raising impact fees to refleot the actual oost of new develop- ment. 'tape UO Item f9B1 WILSON, MILLER, BARTON, SOLL , PBE~, INC. 7 HOLE, MONTES ASSOCIATES, INC.7 AND JOHNSON ENGINEERING, INC. CHOSEN AS CONSUL'tANTS FOR ROADWAY DESIGN PROJECTS Public Works Administrator ^rchibald stated that as a result of Board action on March 3, 1987, 5 firms have been short-listed for the following projects: 6-laning of Airport-Pulling Road from U.S. 41 to aoox 102 PAG~ 6~7 ,~ L; ) ,.. ---;";.,.,,,,-- ó" "'_""~ "''''''_~''_''''"'''''''''''A;~''" &GGK jL()~PA~~{)~~ MARCH 24, 1987 Jct. C.R. 8861 4-laning of Immokalee Road from U. S. 41 to Jet. ¡-75 and, 4-laning of Isles of Capri Road from Jct. U.S. 41 to Jct. S.R. 84. Mr. Archibald stated that after the presentations by the S firms, he will distribute ballots and requested that the Commission choose a firm for each specific project. Boyle Enqineerinq - Mr. Ed Edwards, Project Manager, stated that Boyle Engineering is a 42 year old company with 535 employees nation- wide. He advised there are l50 employees throughout Florida and the majority of their work is for governmental entities. Mr. Edwards stated that Boyle Engineering is currently working throughout the State on existing 2 & 4 lane roads being expanded to 4 & 6 lane roads. He also stated that they have had recent experience with Florida DOT on similar needs. Mr. Edwards then introduced the other members assigned to the Collier County team, giving each of their qualifica- tions. Mr. Charlie Green, Head of Transportation, outlined what is needed on the proposed three projects in terms of traffic analysis, turn lanes, permitting requirements, drainage structures, possibly bridge expansion, etc. He stated that it is very important to give con- sideration to reuse of existing pavement and upgrading without removing all pipes, etc. Mr. Green stated that Boyle Engineering is a full service company, .. .. .. .. ... - MARCH 24, 1987 including p.nvironmental staff, structural design and drainage engi- neers, and can assign a large staff to this project and keep it on schedule. He stated 'they utilize computers, overlay drafting and have recently begun using video on current projects. In answer to questions from the Board, Mr. Green stated that Boyle Engineering is available to begin immediately and all capability is in-house with the exception of surveys. He stated that the Airport Road Project has an estimated time frame of 9 to l2 months Immokalee and Isles of Capri Roads 7 to 9 months. He stated that the original workup will be done in the orlando Office with the final production being done in the Ft. Myers Office. *** RECESS AT 3:25 P.M. RECOHVBHED AT 3:30 P.M. *** 'tap. f11 Flood Engineering - Mr. George Crawford, Vice-President of Flood Engineering, stated that Flood Engineering has been located in Florida for lS years with the majority of their offices located in Florida and a few in Georgia. He stated that they have completed jobs from Pasco to Collier Counties and displayed a map depicting these loca- tions. He noted that Flood Engineering is presently under contract with Lee County on S.R. 80. Mr. Crawford then outlined some noted specifics on each of the projects planned by Collier County, citing the areas of drainage, right~-of-way, and traffic. Mr. Crawford stated that his particular expertise is traffic aODK 102 mf 629 :," l' "'1.'- ì . .....', j l: ," .' "'~_''''''''''_~'~'''''-á!._"¡",,,_~__''''''_'''_'''''<'''''''"''~''''h~';''''''';....,."'."'-..'.~'H..""''''.,~.._"''',' ,....._."'_..", ..__-","""'.0 acey; 10~ p~q ~o MARCH 24, 1987 planning. He stated that he has completed over 500 designs and recently did 100 intersections in Champagne/Urbana, Illinois. He also noted that Flood Engineering completed a portion of pine Ridge Road from 1-75 to the west. In answer to Chairw.an Hasse, Mr. Crawford stated that their main office is located in Jacksonville with 17 employees, 4 design engi- neers and himself as Highway & Transportation Engineer. He said any one of the proposed projects could be completed in less than one year. He stated that all services are in-house with the exception of survey and aerial photographY. Hole, Montes Associates. Ino. - Mr. Stanley Hole stated that Hole, Montes & Associates, Inc. has 60 employees and has been ser- vicing Collier County for over 20 years. He stated they have completed hundreds of projects in Lee and Collier Counties. He stated the firm has state-of-the-art equipment and uses a full CAD Computer System. He stated that of the three projects being proposed, they are the most comfortable with the Immokalee Road project. He stated that they have achieved a lot of insight and understanding of the North Naples area while worki.ng with the North Naples MSTU. Mr. Hole then walked the Board through the process they will use from advertisement to completion of the Immokalee Road project. Mr. Hole stated th~t they have taken the liberty of completing the aerials needed for the Immokalee Road project and displayed them for - _. - -...- -. ----~"----" ...."~,...,_""__",>'9"""".,,...."'-_. . ""'_''''~_''~''''''"''e''~-"''"'''''''''"^--''''-'''-~'-'''' ,~,,- .._..,._-,""._~, - ... - MARCH 24, 1987 the Board. He indicated areas of importance to this particular pro- ject. In answer to questions from the Board, Mr. Hole stated that they could bß9in 5 to 10 days after Notice to Proceed is received and can complete the project in B months. 'tape f12 Johnson Enqin.erinq - Mr. Joe Ebner, Engineer and Partner. in Johnson Engineering, displayed an aerial map showing locations of completed contracts in Lee and Collier Counties. He also displayed aerials of the three proposed projects for Collier County. He pre- sented the Board with a brocture prepared for Collier County and stated that public relations is a very important part of their work. In answer to questions from the Board, Mr. Ebner stated that Flood Engineering could begin work immediately and depending on which pro- ject they are contracted, work could be completed within 4 to 7 months. He also stated that they are currently working on the Isles of Capri Road for the Florida DOT. wilson. Miller. Barton. soli' peek. Ino. - Mr. william Barton stated they feel very qualified for anyone of the three proposed pro- jects, however, they feel most qualified for the Airport Road or Isles of Capri Road Projects. He gave a brief slide presentation and detailed other project!!' conipleted in collier County. 'tape f13 mY: 1()2 P.~.! 63jL ,'. '" -,--". .'-""'~" ."..""-;-"","~_.,_.'._~.,,~.............,..,.~",".,,...".._-~,.~-".,,-......, .,,'~...--_.,. - ,OOY. 102 p~(,~ 632 i'l '" I. ~ '.' : MARCH 24, 1987 Mr. Barton stated that Wilson, Miller, Barton, So11 & peek, Inc. has a staff consisting of ll4 employees with l7 registered engineers, all of which have local knowledge. He stated that they have already surveyed the rights-of-way through half of its length for the Airport Road project while working on another current project, and this should save some money. Mr. Barton spoke to the subjects of rights-of-way, canals within the rights-of-way, easements, reuse of existing pave- ment, overlays on existing curbs, and safety. Mr. Barton diplayed another chart showing the enormous safety con- cerns involved in the Airport Road Project, noting that their office is also located on this road. In answer to questions, Mr. Barton stated they can begin imme- diately with a time frame of approximately 6 to 7 months. Mr. Archibald distributed ballots to the Commissioners for voting. The results of the ballots are as fo110ws~ Alternate wilson, Miller, Barton, Soll & Peek, Inc. Hole, Montes Associates, Inc. Johnson Engineering Boyle Engineering Airport Road Immokalee Road Isle of Capri commissioner Goodnight mov~d, seconded by commissioner pistor and carried unanimously, th~t negotiations on eaoh project be undertaken with the firms as voted on the b~llots. ; L , !''-, . .~ -- , , . - ... - ,..-..........."'-_.. "."",.",",.",",.,~.~.,,,,,,¡,,,,,,,,,,,,,,,",,__,,,,,,._~.,,.'iI""""'""~';-<''''''""'."'~.,-,,."' ",'".,,,. MARCH 24, 1987 'tape flO Item f9Al AMBNDMBNT TO HIDE~WAY BEACH run FOR PROCESSING BUILDING PBRMITS - APPROVED Planning/zoning Director McKim advised that there is an erosion problem for parts of the single-family area of Hideaway Beach and parts of the setback line is below or very near the mean high water line. She stated that the Board has directed that each building permit be reviewed on a case-by-case basis to determine if an adjusted setback line is necessary. Mrs. McKim stated that due to the amount of building and resale activity, staff recommends that the procedure for reviewing the setback line be formalized in the Hideaway Beach PUD to clarify the procedure for existing and prospective lot cwnere. She noted that this procedure will also give Staff an opportunity to revisit the situation and recommend any other action which may be deemed necessary concerning the development of lots exposed to ero- sion. commissioner saunders moved, seconded by commissioner Glass and oarried 4/1 (commissioner pistor opposed), that staff b. directed to initiate an amendment to the Hideaway Beaoh PUD to formalize the current procedure for determining the rear setback line of the single- family lots along the beach and to re-evaluate the impact of the ero- sion on the individual lots. Mr. Leonard Llewellyn, president of the Hideaway Beach aoox 102 PAGt 633 ,.. 7"""<r..._"''''"'_.....,.''.'''''''''''".,.'''''~~ ,~"."....,,',.,''''",..._-'''''''''-''',._>_....."'..._.'',.,....~.",~."-,-"".",",;,,,...,.~"=-""'" Î; ~.. I .." 102 ,,'" 634 ~:>, -""If'j.: It"'.--·· !II; ":"',.- MARCH 24, 1987 Association, Inc., stated that the line which staff is addressing is not a movable line. He stated that the line was approved and beach renourishment will begin soon. He stated that if this proposal is approved, people who paid a lot of money for their property will be penalized. County Attorney cuyler stated that he disagrees with Mr. Llewellyn because the land is eroding and if it continues to erode, people will want to build on lots that are too smail. He said the line has no significance anymore because it is out in the water. He stated that Staff's request is appropriate. commissioner saunders moved, seconded by commissioner Glass and oarried unanimously, that Rtatt be direoted to initiate an amendment to the Hideaway Beaoh PUD to formali.e the ourrent prooedure for determining the rear setback line of the single-family lots along the beach and to re-evaluate the impact of the erosion on the individual lots. 'tape 11 Item f9A5 RESOLUTION 87-59 SUPPORTING CONTINUED FUNDING rOR TBB COMMUNI'tY DEVELOPMENT BLOC1!t GRANT PROGRAM - ADOPTED Economic Development Director Jones advised that the budget com- mittee is now in session to decide what will be done with the Block Grant Programs. She stated that she has received a request form asking Collier County to write ~ letter of support to the members of ,I d--'. t ~, ;' ;!.'). '. - -'. - ,.,-~,"~,.,-----"-.".,"."...--"",,,,,,,,,,,--,,,,-.,,,",,,..,,,,,,,-,,,,,."""..-- -,-"~,,,,"-,"""",...,", - ... - MARCH 24, 1987 Congress. She stated that the Housing programs are also at ri~k. Commissioner Goodnight stated that this topic was discussed when she was in Washington and a resolution of support will help in the lobbying efforts for these programs. commissioner Saunders moved, seconded by commissioner pi.tor and oarried unanimously, that Resolution 87-59 in support of continued fundinq for the community Development Blook Grant proqraa be adopted. ~ ~',. I ' 'r t !" " ," : t" .: : '.' i.!.' ~ I ¡ ~,~. \: ;,!.J f-! (', ,'" '~; ;'~" fU(; <.,¡~)C, :f'it(G , ¡ , . ";¡ 1 '. ~. : t ¡¡I, .',' ¡ p. ~ aeOK 102 pm 635 ii)~' ltt; t." . ,,.', t~, ~ \,' :H: ~ .-. t :4, ~ ~. ! " "'" : , II''''-''--''''"~'~~' " '''~''-^,.._.'' ""--,.._,........._,_..,..,,,.,,,... ' <".,~=."."""~."'~,..."..,._._.,"','-,,---,~.~,- lOOK 102 PAG~ 638 MARCH 24, 1987 Item f9A6 RESOLUTION 87-60 SUPPORTING CONTINUED FUNDING FOR THE SECTION 8 HOUSING ASSISTANCE CERTIFICATE AND VOUCHBR PROGRAMS - ADOPTED commissioner saunders moved, seconded by commissioner pistor and oarried unanimously, that Resolution 87-60 in' support of oontinued funding for the seotion 8 Housing Assistanoe certifioate and vouoher programs be a~opted. " "~'~' . .;~. . , , . ;: ~ ': i ¡.:.' ", :'_,_ $'0. -, , ~ - -', - ~..' ,___"",,..."<-1~",,_"""''''' - "- , .... ~'"\ "oJ ""."'''-"'' - ... - '.{ .) MARCH 24, 1987 '. ~f"'"!<' It.. f9A7 RESOLUTION 87-61 'to AUTHORIZB SUBMISSION O~ AN APPLICATION TO THB FBD. DEPT. OP HOOSING , ORBAN DEVELOPMBNT ONDER SEC'tION 8 BXISTING HOUSING ASSISTANCB PAYMENTS VOUCHER PROGRAM - ADOPTED commissioner saunders moved, seconded by commissioner pistor and oarried.unanimou8ly, that Resolution 87-61 to authorize sUbmission of an application to the pederal Dep~rtment of Housing and Urban Development, JAcksonville Area Offioe, under the seotion 8 Existing Housing Assistance Payments Voucher program be adopted. 'I" j""- " I·"'" "of; " , j; qíJ . ,:, ~. ' "t aODK 102 pm 641 .0: .-' ,Ufn; ~.; 1dJ', :... ',' . . "" ~..._____-"..._4,,_ _..."'._,,........_. ,_~.,.""..""."..*".",;._,..._...._"""..............',."'"M_'~"*.,'...._·..,,,.,,,"'..,,"....,.....-.",". ..."" . " ';¡' m~ 1()~ PM~! 64:{) MARCH 24, 1987 'tape f12 Item f9A3 RESOLUTION 87-62 AGREEMENT WITH MARCO ISLAND UTILITIES FOR MITIGA'tION OF UNPERMITTED 'tREE REMOVAL - ADOPTED Development Compliance Investigator Muldoon stated that Marco Island utilities is in violation of their Tree Clearing Permit. She stated that this resolution is for mitigation in lieu of court pro- ceedings. In answer to Chairman Hasse, Ms. Muldoon stated that Staff visits the site, stakes the areas, discusses what may be removed with the developers, but violations still occur. Also in answer to Chairman Hasse, Ms. Muldoon stated that policy permits first offenders to mitigate the damage, however, second violators are taken to court without exception. Mr. Russ Longmire, Barron Collier Company, stated that they own the land leased by Marco Island Utilities and they were not aware that the Tree Clearing Permit had been violated. He stated that they do not oppose mitigation, however, they would prefer the trees be replaced on their property rather than 40 miles away in Corkscrew Swamp. Ms. Muldoon stated that thére is an infiltration trench in the area where the trees were removed, and in 5 years the trench will no longer exist. She stated that it does not seem reasonable to replant trees that will have to be taken out in 5 years, and therefore, Staff recommends that the trees be planted in an area of public enjoyment. - .... - ¡ . "! \ _"""'_~"__'""'__''''_''';'__'''_'''''<''.''<",'",.", <."~,,,_,".,,,,,,,.,,"~,~",,,",,___,,,,_,..,, ,._"..·W~;~__"'~ ~~-""-"""........__.""",,,----____'_I ..u,_..~0;tI:..,__,",_;""..",,.,.,-" < ."...".. ~',""""",,,,,,,,,,,,,,,,,,,,,._~--~,,,,~,~,,,,.,^.,,",-,-,,,,..",,"'.~'~.,,,,,."",,,",....~....,,~"'''',""'-~~--, ".^,~- - ... - MARCH 24, 1987 xtem f9M RZSOLtrrION 87-63 AGREBMBN'r WI'l'H 1'0ONDA'tION FOR MENTAL HEAL'l'H, XNC. I'OR MITIGATION 01' UNPERMITTED TREB REMOVAL - ADOPTBD Commissioner Glass moved, seoonded by commissioner pi.tor and carried unanimously, that Resolution 87-63 authorizinq the Chairman to enter into an Agreement with the Foundation for Mental Health, Ino. for mitiqation upon basis of tree removal in excess of a county approved permit pursuant to collier county Ordinance 75-21 be adopted. ! -I' ',,, r'- : ~ 'i 10.1' "!, J !;. t ~COK 102 Þ£r.r 653 ;-' ..,: , ',1 JF:, ... '" '(l 1 " . : 'J; ,j'( I' I ~. ""'-1"1'"-''''''''''111 "~"___",;""";,,,,.,,,,,,,,_,,,,,,~t""~"·~'-"""·""·'''''~'~'''''''~·-..~...---"..."".,.,=< >".-..~-- - ... - MARCH 24, 1987 It:.. f9Cl BID f87-1068 PAR~S . RlCREATIOK OPBRA'tIOHS CBHTBR AWARDZD TO CORNERSTONE COKS'tRUCTIOK COMPANY FOR $189,500 Legal notice having been published in the Naples Daily News on January 29, 1987 as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Bid #87-1068 for the Parks & Recreation Operations Center. Parks & Recreation Coordinator Loubier stated that items such as landscaping, irrigation, pho~e system and exterior building improve- ments were not included in the base bid for the Parks & Recreation Operations Center located within Golden Gate Community Park. He stated that three qualified bids were received and Staff recommends award to Cornerst~~e Construction, the low bidder. commis8ioner Gooünight moved, seconded by commissioner pistor and carrie~ unanimously, that Bid '87-1068 for the general contract of the parks . Recreation operations Center be awarded to cornerstone construotion company in the amount of $189,500. It.. f9C2 CHANG! ORDER FOR ADDITIONAL FIN! GRADIKG OF KORTH NAPLBS COMMUNITY P~, NOT TO BXCBED $19,000 - APPROVED Parks & Recreation Coordinator Loubier stated that this Change Order is b&ing requested for additional fine grading of the North Naples Community Park to grade the property for drainag~~and paving. He stated that the proposed Change Order will not exceed $19,000 and , , &cox 102PAGr65,9 .... . ."...""_~__.,,..___ ...__. m ...... --.-~"""----'"'''"-'-'*''''''''-''''''''''"''''"''~'~-~''''''-'' '''<'''--''''- lOOK 102 PAr,[ 660 MARCH 24, 1987 will increase the existing APAC - Floriða, Inc. contract from $98,127.26 to $ll7,127.26. He 8tated that this expense will be paid from the Parks & Rec:eation 1986/87 Budget and will require a transfer of fund8 from Parks & Recreation to the North Naples Community Park. commissioner Goodnight moved, seconded by commissioner saunders and carried unanimously, that a Change Order not to exoeed $19,000 to APAC _ Florida, Inc. for fine grading of the North Naples community park be approved. Note: C1ange order not received in office of Clerk of the Board as of April 2, 1987. .;i.; £ . ;' . - ... - .þ......~ ....~ '-:';, .,.""'--''''"''.,;,.'''''....,.--.-..,,,,'"'_0.·...'''.'-..--..'' - - MARCH 24, 1987 . ,."'",- \,1, \ \ 'tape f13 Item f9B2 MAS'tBR PLAN or COURTHOUSE COMPLEX FOR FU'tURE BUILDING BXP~SION AND INTBRIOR ROAD-PAR~ING CONSTRUCTION - APPROVED In answer to Commi99ioner Saunders, Public Works Administrator Archibald stated that the Constitutional Officers have been involved in the process of developing the Master Plan for the Courthouse complex. commi88ioner Gla88 moved, seoonded Þy Commissioner Saunders and carried unanimously, that the Master Plan of the courthouse complex for future buildinq expansion and interior road/parkinq construction be approved. '." " ,/ 'il i " ¡ ,:1 ..' am 102 PAGt 661 ..... . .. " , ~ " ì~ -;.Ii ~. It¡ ~" ~ H ;. , ,;, ...) Þ" ";¡;~_,.m'"" ,-_""'"'~ .' -~"'-~---~-'""""-'''-'''''"''''",,'''''''''';«'''''''''''"-'''"~"''''''''_'__'- "'- - - ... MARCH 24, 1987 I~eJl flU8 SUPPLBMBNTAL AGREEMENT TO ANNUAL CONTRACTS PER DID PROPOSALS 86-"5 AND 86-998 TO INCREASE THB AMOUNT OF WORK ALLOWED AT THB BXISTING UNIT PRICES - APPROVED In ~nswer to Commissioner Saunders, Public Works Administrator Archibald stated that when preparing the annual contract for limerock, the figures were transposed from last year, however, the amounts being presented do reflect the amount of money requested. commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that a supplemental aqreement to annual contract. per Bid Proposals 86-995 and 86-998 to increase the amount of work allowed at the existiuq unit~rices be approved. .u RECESS AT 4:40 P.~ pages '7 tt~f.'7g/11J AT 4:50 P.M. ... Tape f14 It_ U2D REQUEST TO RECONSIDER PETITION R-86-21C, WILSON, MILLER, BARTON, SOLL , PBEK, INC., REPRESENTING CLYDE QUINBY' JAMES MCCOMBS, REQUESTING A REZONE PROM A-2 AND A-2 "ST" TO PUD DOWN AS CYPRESS GLEN - APPROVED Chairman Hasse moved, seconded by Commissioner Goodnight and carried 4/1 (Commissioner pi.tor opposed), that petition R-86-21C, WilBon, Miller, Darton, Soli' Peek, Ino., repre.entinq Clyde Quinby' James McCombs, requestinq a rezone from A-2 and A-2 "ST" ~o PUD known as cypress Glen be reconsidered and the Planning staff be direoted to readvertise the Petition. :1,17,"" "!. aeOK 102 PAG£ 663 .-., _r\1'I!w"",,"""~"'''-~'~'''"''''''''-W" _'_~'_"'W,,,,,_"'""""""""",,_""'_'__'''''''''''''''''''''''''''';'' .,~ ..,~_..,.,'k;'.'"",'·'· - "*"'''~~'--'~''. ",.. ,."",.,."-."...--,,, 'q. , aOOK 102 pm Gß4 MARCH 24, 1987 Item fUl 7RAHCHISB AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PALMER COMMUNICATIONS, INC. FOR SERVICB IN 'tHB GOLDEN GATE AREA - APPROVBD Assistant to the County Manager Olliff stated that the County granted a majority of the Cable Franchises in 1967 and most were called Exclusive Franchises. He stated that the cable industry was deregulated and as each came in for a rate increase or boundary change, Staff recommended that the word "exclusive" be dropped from the agreement. He stated that there is one remaining Exclusive Franchise for Cablevision Industries in the Golden Gate area which is the area being requested by Palmer Communications. Mr. Olliff said that there has never been ~ previous case where the County has granted an area that is being held by an Exclusive Franchise. He stated that based on the history of requesting franchises, their maintenance record and rate structures, Staff is recommending that Palmer Cablevision be awarded a franchise for the Golden Gate area even though there is an existing Exclusive Franchise for that area. Mr. Olliff noted that the intent of deregulation appears to be to stimu- late competition. County Attorney Cuyler stated that he cannot say there will be no problems with granting this request and conflicting arguments will be heard in the presentations by Palmer Cablevision and Cablevision Industries. He advised that both parties will raise iesues which need - ... - ,....·~,.._~".,___,_·.,.,...t..""""'""".·__",.,,.,..., -.,~.~..--,.,-,,---._..---,~._¡ - .._..~~,.,~",.-_..,-,-_........,........,,......,,,,,..,.,.,~,,,,,,,,,,,,,,"-,,-_. "".".....,._._".,,"'.._~._,. ,."...,....,.- MARCH 24, 1987 to be considered. Mr. Robert Moss, Vice-president of palmer communications, Inc., stated that in th3 spirit of the 1984 Communications Act, they seek to provide competitive unserviced areas of Golden Gate, noting they do not wish to over-build. He said the Golden Gate area represents the major growth area of the County and they would like for things to be equal. He stated there are two things which the Board must consider: 1) is it legal to grant the request? and, 2) is the public interest being served by granting the request? Mr. Moss stated that not only do they feel it is right and legal to grant their request, but they have provided the Board with an indemnity clause. He said the answer to the second questions is "Yes", it will provide service at a lower cost to more customers sooner. Mr. Moss stated that Palmer Cablevision has been in Collier County for more than 25 years, they are a major taxpayer, they are one of the County's major employers, and their commitment to public service speaks for itself. He noted that the camera at every Commission meeting is supplied by Palmer Cablevision and this is broadcast, not only to Palmer's customers, but also to Cablevision Industries' custo- mers. Mr. Moss stated that two capable operators serving a single area represent good competition and destructive competition cannot be aDDK 102 p~<;! 665 .-... . ""-."",..-.~,..>.,,,.,,,,,.~...',,,,^.^.,.-"'~,","",,,,,",,,,,.,,,,,~,,,,.~....-_..__.....~ _' '", "'e" ".,,,_,,,~.H_"'~'·'..."·",,_...,~~'·" ,,"",".~'~- BeOK 102 p~~: 666 MARCH 24, 1987 argued ~ntil there is a third competitor seeking the area. Attorney Donald Pickworth, representing Palmer Cablevision, stated that the proposed Franchise Agreement is the same agreement which was granted to Deltona last year. He said if the Board compares the two agreements, they will find Palmer's proposed agreement much stricter and reflecting a later ~tage of thinking by the County. Mr. pickworth also noted that Cablevision Industries has applied for a franchise to serve the area presently served by Palmer Cablevision. He stated that Palmer Cablevision has always had a non-exclusive franchise and they have always had the right to apply. In answer to Mr. Cuyler, Mr. Pickworth explained that the term over-build means that two operators actually lay lines side by side. He stated that this is not their intention, but rather to compete for new business in this high growth area. Attorney Fred Dudley, representing Cablevision Industries, Inc., stated they have served the Golden Gate area since 1984 under an Exclusive Franchise executed in 1967. He stated the same management team has been in place for 15 years and there have been no written complaints in those three years. He advised that Cablevision Industries ranks number 22 in size and is 4 times larger than Palmer Cablevision. Mr. Dud~ey stated that Palmer Cablevision does have an Exclusive Franchise in the City of Naples, but not in the County. He stated - ... - ".., '.__.";..,~..,"",___,..._.,,",.,,_,,,_·."~"""_'''V''''''''''_'___ .,I. ...... r __""_""""..,_,__"...;.-,,._...~ ~.".,-,,,...----""-----""""""---,..__._¥-..._<-"""-'~' - ... - MARCH 24, 1987 that his client has applied for a franchise for the balance of the County. Mr. Dudley stated that if this franchise is approved without some compreh~nsive study and an ordinance, the County will be flooded with applications. He said there may be as many as 6 within the next 90 days. Mr. Dudley stated that their position is that the Board has the right to decide to have one or one-hundred cable franchises, however, they must be judged by the same criteria and at the moment Collier County does not have any criteria. He stated that the County must make certain that their decision is rational, fair, and based on solid market conditions. H£ advised that sometimes, more competition can actually be harmful to the consumer. Mr. Dudley stated that they would like the County to adopt an ordinance outlining the criteria by which competition is to be judged before they grant Palmer Cablevision's request. 'tape US In answer to Chairman Hasse, Mr. Dudley stated that these two com- panies may be easy for the Commission to judge, however, others may not be that easy. In answer to Commissioner Glass, Mr. Dudley stated that when he said there were no written complaints he was referring to the areas being served at the moment. He then explained that it requires 45 homes for each mile of cable to put the company in a break-even posi- mx 10~PAct667 ..... . t#~. 'tt L "'" 102..,,668 '1.: . MARCH 24, 1987 tion. He said the areas referred to by Commissioner Glass are averaging 16 homes per mile of cable, and no company is going to lay lines to lose money. During a brief discussion on competition, Mr. Cuyler stated that there are two types of competition and the one being referred to today is competition over access. Commissioner Glass suggested that as long as both companies have applied, that both franchises be granted today and an Ordinance draft be brought back to the Board. Mr. Cuyler requested that the Board wait with any approval for Cablevision Industries because neither he or Staff have had an opportunity to review the request. commissioner Glass moved, seconded by commissioner Goodnight and carried unanimously, that a county-Wide Franohi8e Agreement for Palmer Cablevision be approved, and since it is the intent of the Board to also approve the county-wide Franohise Agreement for Cablevision Industries, that the Chairman be authorized to sign both agreements, and staff be directed to draft an ordinance for Cable Franchi8es. - _. - ".......-"-"'"",,,'''''...-,,-.''''...- ,.".._~......,..--,--_-...."_..,,-,,,,~---......... '~"';'''~'~'''''c,_",.'''__'''''''''''''''''''_~_''''''~''~'~'"''''-'~·~.o·,",···_ '''''''m,.,..""''''''...,..........~..._'''''''''''"~- .---.. ~102""Gæ MARCH 24, 1987 xt.. flU ÐUDGBT AMENDMENTS 87-177/180, 87-182, 87-184/187, 87-189/199 - ADOPTED commissioner saunders moved, seoonded by commissioner Glass and carried 4/0 (commissioner Goodniqht absent), that Budqst Amendments 87-177/180, 87-182, 87-184/187, and 87-189/199, be adopted. Ite. f11C BUDGET AMENDMENT RESOLUTION 87-025 - ADOPTED commissioner saunders .oved, seoonded by commissioner pistor and carried 4/0 (commissioner Goodnight absent), that Budget Amendment Resolution 87-025 be adopted. ':< ,.~. r , - _. - '-..,- --_...,,,,,,~..,,_.,. ,.....,_.,---"""--_."'..._....~~. Ii ~OOK 102 PAGe 682 MARCH 24, 1987 Item f9F2 CONTRAC'l'UAL AQREEM1!!NT WITH DELOITTE, BASXINS , SELLS FOR OFFICE AUTOMATION RELA'tED CONSULTING SERVICES - APPROVED Assistant to the County Manager Olliff stated that this is a first in a series of planned phases in a contract for computer consulting services. He stated that this first phase consists of the ability to communicate between computers and forward documents between computers. He stated that some of the County Manager's computers will be able to access the Clerk's computers. 'tape fl6 Mr. Olliff stated that the project is expected to take approxima- tely 120 days, at which time a written report will be submitted. He stated the report will covar all hardware, software, cost, manpower and training requirements to attain desired results. Commissioner Pis tor stated that he is personally not very impressed with the firm of Deloitte, Haskins & Sells. commissioner Saunders moved, seoonded by commissioner Glass and oarried 3/1 (Commissioner Pistor opposed and Commis8ioner Goodniqht absent), that the Chairman be authori.ed to exeoute a contract with Deloitte Haskins , Sel18 for Office Automation related consultinq Servioes. ¡ ~ - _. - "·"""""'·<_"'''''O"~___·''"~''n_",., .,...._.þ"."'".."._.",_.."_,,,.~._..~""""'H.._-""...__,,.,"""''''''"" Pl'..._"".""_""'¡,,;\'Ò'_.'''''''"'',.......,,,,,.,...;·,,_..,.,.," ,.~._"".....__"".,'""'''''''__.,''_.~''''''*''...~''''''.,'"'''"''."'_,,.,,__.",.."';_".·.."...'''w"..~·__.,,_ ....... . J- ::t_: .....t,. ~~~"~ - ... - MARCH 24, 1987 It.. f12C MR. SCOTT MCQUILLIN APPOINTED TO FILL VACANCY ON THB LIBRARY ADVISORY BOARD Administrative Assistant to the Board Israelson stated that there is a vacancy on the Library Advisory Board created by the resignation of Dr. John Eklund. She stated that 5 resumes were received and the .Library Advisory Board has recommended Mr. Scott McQuillin. She stated that the appointment is for the unexpired term of Dr. Eklund, ending on December 31, 1988. Commissioner Glass moved, seconded by Commissioner Pistor and oarried 4/0 (Commi.sioner Goodnight absent), that Mr. Scott MOQuillin be appointed to fill the vaoanoy on the Library Advisory Board for the term which expires on December 31, 1988. It.. f12D RESOLUTION 87-65 ESTABLISHING NEW PAY 'tITLE OF ADMINISTRATIVE SECRETARY OF THE BOARD AND PAY PLAN OF C-ll BB ESTABLISHED FOR THE POSITION OF SECRETARY TO THE BOARD - ADOPTED Commissioner Pistor moved, seoonded by Commissioner GlaS8 and carried 4/0 (Commissioner Goodniqht absent), that Resolution 87-&5 enacted pursuant to the provisions of Collier County Ordinance No. 83-7 which established a system of personnel Administration for the Government of Collier County, Florida, be adopted. ;, ~. 't, m~ 102 PAGí 689 ~GC \ .; \/.} ...... .... ...~...,..,~~..~...~''''_.""'_.. ,.",. '-~'--"""'-"""""""~ ",..,"..,.."~,-.,.~"-..,.-.,_._~"~,,,,..~...._._,.. .' 102 'Ar,{ 692 MARCH 24, 1987 Ite. UU MR. RON BURTON REAPPOINTED AND MR. FRED THOMAS APPOINTED TO THB PARKS , RECREATION ADVISORY BOARD Administrative Assistant to the Board Israelson stated that the terms of Mr. Ron Burton and Mr. Stephen Price expired on December 31, 1986. S~e advised that Mr. Ron Burton has expressed a desire to con- tinue serving. She stated that when advertised, four resumes were received, however, both applications recommended by the Parks & Recreation Advisory Board have been withdrawn, citing time constraints. She reported that since that time Mr. Fred Thomas has indicated an interest in serving on the Advisory Board. Mrs. Israelson stated that the Parks & Recreation Advisory Board has recommended the reappointment of Mr. Ron Burton and the appoint- ment of Mr. Fred Thomas for two-year terms expiring on December 31, 1988. Commissioner Glass moved, seconded by Commissioner pistor and oarried 4/0 (Commissioner Goodnight absent), that Mr. Ron Burton be reappointed and Mr. Fred Thomas be appointed to the Parks , Reoreation Advisory Board for two-year terms expiring December 31, 1988. Item U2B COMMITTEB FOR URBAN DESIGN (R/UDAT) FUNDING NOT TO EXCEED $10,000 _ APPROVED Mr. Edward Oates, Co-Chairman of R/UDAT, stated that the Commission requested more information on funding and scope of the pro- - ... - .----""-->,.-"'>"....~~;...".-~..---....~...~.,>.-''''___,_'''.w...'''..~">.-"""'''-_''''__"'"''--'''_'~.. ...' ,.~"'..,.,.,.''"'''',-..-.",.~'''''''.ó--._'''''._'''"'"_..,_'''''';____i_'_...~.,__,"""""".....,,..., - .- - MARCH 24, 1987 ject. He stated that $25,000 to $30,000 is needed to complete the study and the City of Naples has contributed $15,000, and the Committee has raised $4,200 from private organizations. He said they are requesting the County to contribute $10,000. In answer t~ Commissioner Pistor, Mr. Oates stated that the study area will be Pine Ridge Road to Airport Road to the Gulf of Mexico. He said, in addition, they will be studying the intersections of Immokalee Road and U. S. 41 and the three exits from 1-75. Mr. Oates stated that the County is not receiving 100% of what they would like, however, it is not possible to accomplish everything in four days. Commissioner Goodnight stated that when visitors or new residents come to Collier County they are actually coming to Naples, or at least think they are, and it has a great deal to do with the economy of the County. She said she feels it would be in the best interest of Collier County to participate in this study. Commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimouslY, that R/UDAT funding not to exceed $10,000 be approved. Item flU REQUEST FOR 280 SQUARE FEET OP STORAGB SPACE POR SHERII'J"S OI'J'ICB IN IKKOXALBB - APPROVED commissioner Glass Qoved, seconded by commissioner Saunders and carried 4/0 (Commissioner Goodnight absent), that 280 square feet of storage Spaoe for the Sheriff's Office in Immokalee be approved. f i ~OOK 102 P~('l 6g3 .... . "...."'."'--'-'...". M~___""';'_""_"",_,,,,,,.",,,,,,,,___,,,,,;\",._~,,,_,""",,,,"_.;,_,,,,,,_,.,,.._" ,"._ ,...""'"'_...'__.0....'_,_......._... IDDX 102 PAGE 694 MARCH 24, 1987 *** The following items were approve4 an4/or a4opte4 under the Consent Aqenda by motion of Commissioner Glass, seconde4 by Commissioner Saun4ers and oarrie4 unanimously: Item U4Al SATISFACTION or LIENS FOR NUISANCB ABATEMENTS See Pages 7/0 - ?/'f Ite. U4A2 CARNIVAL PERMIT 87-4 RS PETITION C-87-4C, CBDAR MONTBSSORI SCHOOL, INC. See Page~ '7/5- ? I_L Item U4B2 LEASE AGREEMENT WITH COLLIER HEALTH SERVICES, INC. See Pages '7 / 9 - 7 d 7 It.. U4B3 QUIT CLAIM DEED FOR PARCEL 105.1 RB WIDENING OF S.R. 951 BETWEEN U.S. 41 AND MARCO RIVER BRInGI See Pages ?_~ () -7..3d-. Ite. UU4 LlASB AGREEMENT BETWEEN THE BOARD or COUNTY COMMISSIONERS AND 'tHB CORVETTES OF NAPLES, INC. See Pages -ç....~3 -7 3 ~ Ite. '14B5 BXCAVATION PIRMIT NO. 59.281 - "PACIFIC LAND CO" - WITH STIPUL3\TIONS Section 32, Township 48 South, Raoge 29 East¡ 2-1/2 miles south of Oil Well Road and 6 miles west of S.R. 29. 1. The excavation shall be limited to a bottom elevation of. 0.0 ft. ngvd (15 feet below existing ground). All disturbed areas proposed for lake excavation shall be ¡J ~':. ! ',J!?\ - .... - "'·'··'"^···-'~·'·-·<_"~~_'_·_~'·_~·1·_nA..""...",,,,,,~""'_"""""'__.____."..__. . "'._,.-.""',."..."',,_........_-,,-,...,;j..;...,,>-_._....,...,,-,"'..,.........~ ----- - .- - MARCH 24, 1987 excavated to a minimum elevation of +7.0 ft. ngvd (8 feet below existing ground). 2. No excavated material shall be removed from the project site. ri:em f14B6 'tRAHSPBR OP CERTIFICATB OF PUBLIC CONVENIENCB AND NECESSITY PROM J.C. SMELKO TO MR. RUSS BAISLEY (PUBLIC VEHICLB FOR HIRB) GUlfcoast Limousine service, Ino. corporate name anð telephone .ervic. transferreð to Courtesy Cab, Ino. ri:em fl4B7 JlXCAVATrON PERMIT NO. 59.283 - "QUEENS PARK" - WITH STIPULATIONS Section 18, Township 50 South, Range 26 East, bounded on the north by Kings Lake, on the east by Riviera, on the south by Lely Villas III & IV and 0n the west by Boca Ciega Village. 1. The excavation shall be limited to a bottom elevation of -4.0 ft. ngvd. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of -4.0 ft. ngvd. 2. No excavated material shall be removed from the project site. 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District and a copy provided to the Water Management Director for his approval prior to the commencement of any dewatering activity on the site. 4. All lakes with top-of-bank setbacks less than those stipulated in Collier County Ordinance No. 80-26, Section 8.A, as amended by Ordinance No. 83-3, shall be fenced in accordance with Section 8.D of said Ordinance. Item '14B9 LAKE TRAFPORD MEMORIAL GARDEN CEMETERY DEEDS NOS. 497 AND 499 See Pages ?.3 7 - 7..3 f" BCOK 102 PAG£ 695 .'. '.'.......-.,,-..-."--.."'.........,'" ,_.,. .~A__·"....J'"'___"."'·~·(M"'='.';i'''''"'~'''''''".~·.""'~..·".'v.,._,~"..F.""..'."..__..;. ~<,.,' 102 PAGt 6g6 ¡ ~ I ~. f MARCH 24, 1987 It.. f14Bl0 AGREEMENT FOR DEEDS FOR PREARRANGED BURIAL LOTS AT LAK! TRAFFORD MEMORIAL GARDENS - DEED NOS. 495, 496, 498 See Pages 7 3 9 - ? 'II Item fUB11 CHANGE ORDER NO. 1 TO BID NO. 86-1004, GOLDEN GATE PARXWAY BEAUTIFI- CATION DISTRICT (WILLIAMS' SONS, INC.) 3ee Pðge tIht- .........1\-'1 in rlø"k of Board office as of 4/2/87. Item fUB12 CHANG! ORDER NO. 1 'to BID NO. 86-1061, GOLDEN QATE PARXWAY BEAUTIFI- CATION DISTRICT (H. W. BEAUDOIN, INC.) See Page Not received in Clerk of Board office as of 4/2/87. Item f14B13 RIGHT-OF-WAY AGREEMENT FOR PARCEL 113 RE WIDENING OF S.R. 951 BETWEEN U. S. 41 AND MARCO RIVER BRIDGE See Pages '7?L~ - ?-jLS Item f14BU EXPANSION OF HERBICIDE TREATMENT OF AQUATIC PLANTS IN "J" , "K" CANALS 'to REACHES 6.5 MILES SOUTH OF S.R. 84 Ite. f14Cl JUVENILB JUSTICB AND DBLINQUENCY PREVENTION GRANT AWARD 1986-87 See Page '7"'-' Item 'UC2 INCREASE OF $5,701.30 TO HARPER BROTHERS, INC. FOR PAVING AT IMMORALE! COMMUNITY PARK It.m f14C3 CHAIRMAN 'to SIGN COMMUNITY SERVICES BLOCIt GRANT AWARD AGREEMENT RB INDIGENT DENTAL CARE PROGRAM FOR '7,090.00 - _. - "-~n·"_"""",_"",,,.,,_,,< ,,<._,.>.' ''"'''''''_'''''_'''''''~'''_'____~"" '·"·'''·~'''''"·'''''-''-"""",,,,,,,,,..'",_.'4.;'Ú''''_I'·__''-'__'4_'''·'''' - ... - MARCH 24, 1987 See Pages ? 4-7" 7S,fJ Itea f14C4 RECOMMENDATION FOR REAPPOINTMENT OF DR. HEINRICH O. E. SCHMID AS MEDICAL BXAMINER See Page "7.s ~ Itea U4C' BID NO. 87-107' TO NAPLES FLOOR COVERING IN AMOUNT OF $20,269 FOR LIBRARY HBADQUARTERS Legal notice having been published in the Naples Daily News on February 12, 1987 as evidenced by Affidavit of Publication filed with the Clerk, Bids were opened at 2:30 P.M. on February 25, 1987. Item U4C7 RESOLUTION 87-64 REQUESTING HRS TO AMEND CURRENT BMS RULBS See Page ~S? Itea f14Dl APPROVAL OF CREDIT FOR INTBREST ACCRUED ON GOODLAND WATER ASSESSMENT '803728 AS ADJUSTBD BY THB BOARD ON NOVEMBBR 25, 198' Itea f14D2 UTILI'l'Y EASEMENT FOR PROPOSBD EVERE'l"l' S'l'RBB't WAnR IKPROVBMBNT SPECIAL ASSBSSMENT DISTRICT See Page ?..sf?' Itea 14D3 APPROVB BUDGET AMENDMENT WITHIN FUND 408 ORGANIZATION 3212 (UTILITIES) Budget amendment moving $85,000 within Fund 408, Organization 3212, water distribution from Object Code 5510, utility parts, to Object Code 63l0, general improvements. aDO( 102 ÞAr,r 697 ,.. --.-.,'... ¡ (: ·""';"·"_ß__",.,,,,,.~ ~ t:' .~. .=~:; 10, PA~[ 698 Q. ··t.~· ":it 1t , ~ Item 114D4 ENERGY CURTAILMENT AGREEMENT WITH FLORIDA POWER , LIGHT MARCH 24, 1987 See Pages 7..59 - 7 (, / Item f14D5 INCREASB CONTRACT BID '86-1035 (ANALYTICAL SERVICES) FROM $8,000 TO $14,500 Item 114D6 BUDGET AMENDMENT FOR ENGINEERING SERVICES - ARNOLD INDUSTRIAL PARK SEWER SYSTEM EVALUATION $10,000 budget amendment providing contingency reserve funds for the valuation of the Arnold Industrial Park sewer system. Item 'UD7 BARCLAY'S CAPRI POINT - OFF-SITB WATER FACILITIES ACCEPTANCE See O.R. Book 1121- Pages 972-976 Item fUEl WAIVING OF MINOR BIDDING IRREGULARITIES ASSOCIATED WITH AWARD OF BID f87-1081 TO WEST COAST ELEVATOR , INC. FOR ELEVATOR MAINTENANCB Ratification of Bid 87-1081 in amount of $9,300. Item fUE2 RECLASSIFICATION OF PLANNER I TO PLANNER II Promotion of Planner David Weeks to new Planner II entry rate of $21,619. Item UGl CBRTIFICATES OF CORRECTION TO THE TAX ROLLS I.., .' No. l54Þ & l54B No. 155 1986 Dated 2/26 87 Dated 3/04/87. . " ! ,¡ f t· / ,j - .... - ··"..--,·-·_.._,-_·~~"",·"","·,-.,·,,,,",,,,,,~--...,_.__O~""""""'''''-_""-__".......~. , ."",..."',."'.,,.;"""--.,....,..""...,."'_""...__,.._______...,... _~v·,.__,_.._., '-,·_.......,·_,"'o·"..--..........",,,"'.u.,,.,.,",..,,..,,,.,.,,......... }{'.'" :~t&;;. 'ß,¡." {t' ,;'~;. ~'.'..' þ" " /,~: ~'~:-,'~ ~h 5':: t:"· ~ MARCH 24, 1987 No. 156 No. 157 No. 158 No. 231 No. 232 Item f14G2 EXTRA GAIN TIMB ~OR INMATE NOS. 52553 AND 44937 Dated 3/05/87 Dllted 3/05/87 Dated 3/09/87 Dated 2/26/87 Dllted 2/26/87 Item f14G3 SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC DEFENDER See Pages 7~::J. - 7'>'? Item f14G4 DCPLICA'tB TAX CERTIFICATB NO. 5384 TO WILLIAM D. SOMAN, P.A., TRUSTEE See Page /7 '7 I?' Item f14G MISCELLANEOUS CORRESPONDBNCE FILED AND/OR REFERRED There being no objection, the following correspondence WIIS filed lind/or referred to the various departments as indicated below: 1. Letter dated 02/26/87 from Mr. Egon Hill, Area Agency on Aging, giving report on lIid to Senior Citizens in Collier County for Calendar Year 1986, and also submitting his resignation, effective at the end of 1987. Referred to BCC and filed. 2. 03/06/87 Warning from Clerk of Circuit Court regarding unpllid taxes on property (Sewer Assessment due Collier County "Marco Beach Unit 6, Lot 5, Block 232"). Referred to Ken Cuyler, Tom Crandllll and filed. 3. Letter dated 02/17/87 from Thomlls G. Pelhllm, Secretary, DCA, advising that they have reviewed the proposed IIm~ndment to the Future Land Use Element of the Comprehensive Plan for C~llier County and enclosing comments on the proposed amend- ment from the SWFRPC. Referred to Board of County Commis- sioners, Neil Dorrill (letter), David Pettrow IInd filed. &CO)( 102 PAGl69.9 .... . .---,.--." '-..".."....,.._O>~"'____. ~ . .~----...__." ~.._.~,.,."".....,~_.~,,_..'*'-_., ,...''',..."',...."..,,.~ '·'·'L,~"..""..,",;'"." ~"",;'........._-". ""'.""'_'_'P"_,. '_"""">,"-..~.,--,.".._,...._. _.,.'__ ___..~~_.__._._ ~.. * ,. ,~.. :. ..'..'..'4:...~. '...,...~." ~ ;~::. . I,' ~. .iI- , -----", .' ICDK 102 PA~t 700 MARCH 24, 1987 4. Letter dated 03/09/87 from DCA re Notice of Grant Application Workshops for Juvenile Justice & Delinquency prevention FY 1987 Funds, and attaching Applicant Checklist and Sub- grant Instructions and Application. Referred to Neil Dorrill, Kevin O'Donnell and filed. 5. Letter dated 01/24/87 from Virgil L. Choate, Correctional Internal Inspector, Department of ~orrectíons, re Inspection Report dated 02/19/87 - Collier Stockade, and attaching a summary of the recent inspection. Referred to acc and filed. 6. Letter dated 03/03/87 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short form application (File No. ll13l1365) which involves dredge and fill activities. Referred to Neil Dorrill, Dr. Proffitt and filed. 7. Letter dated 03/09/87 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short form application (File No. 111312665) which involves dredge and fill activities. Referred to Neil Dorrill, Dr. Proffitt and filed. 8. Letter dated 03/06/87 from Deborah L. White, Environmental Specialist, DER, enclosing standard form application (File No. ll1289879) which involves dredge and fill activities. Referred to Neil Dorrill, Dr. Proffitt, John Boldt and filed. 9. Letter dated 03/10/87 from Deborah L. White, Environmental Specialist, enclosing standard application (File No. 111314809 - Collier Development Corp.) which involves dredge and fill activities. Referred to Neil Dorrill, Dr. Proffitt and filed. 10. Letter received 03/06/87 from DNR re notice of five separate hearings to receive comments from the general public re- garding a draft of the Beach Restoration Management Plan. Referred to Neil Dorrill, Dr. Proffitt, Harold Huber and filed. 11. Memorandum dated 03/06/87 from B. J. White, Assistant Chief, Bureau of Park Planning and Design, regarding Meeting of the Land Acquisition Selection Committee, and attaching public notice for the items to be considered. Referred to Neil Oorrill, Kevin O'Donnell and filed. 12. Copy of Letter dated 03/05/87 to James B. Kuhlman, P.E., from Don E. Duden, Assistant Executive Director, recommending approval of the proposed construction of a single-family " . , - ... - -"'-..,...-,....~.__.,,,..~"'.""-'''''--- --""-'-"''''];0.-'''''''''.;> - - - MARCH 24, 1987 residence for John and Sue-Ellen Hathaway at Lot 1, Block 1, Lely Barefoot Beach, Unit 1. Referred to Neil Dorrill, David pettrow, Joe Magri, and filed. 13. Memorandum dated 03/06/87 from Mary W. Morgan, Supervisor of Elections, regarding transmittal of $740.00 collected from candidates 1986/87. Referred to Joe Warren (with check), Lori Zalka and filed. . 14. Memorandum dated 01/15/87 from Sharon K. Thrushman, CPA, regarding report of expenditures and remaining budgets at November 30, 1986, Justice Center and Courthouse expansion projects. Referred to BCC, Lori Zalka and filed. 15. Memorandum dated 03/04/87 from Nicholas C. Anthony, Ph.D., HRS District Program Supervisor, regarding Baker Act Training - April 2, 1987. Referred to Neil Dorrill, Kevin O'Donnell and filed. 16. Letter dated 03/02/87 from HRS, Dr. Jane Polkowski, M.D., M.P.H., and Roger Evans, Business Manager, II, attaching CPHU Quarterly Report. Referred to BCC, Neil Dorrill (letter), Kevin O'Donnell and filed. 17. Received 03/Q9/87 from Land and Water Adjudicatory. Commission, Notice of Non-Objection to Petitioner's Motion to Intervene regarding Development Order No. 86-1, DRI known as The Woodlands. Referred to Neil Dorrill, David Pettrow and filed. 18. Received 03/13/87 from Land and Water ~djudicat~.·y Commission, Pre-hearing Stipulation from Da~id Emers~n Eruner, regarding Development Order No. 86-1, DRI known as The Woodlands. Referred to Neil Dorrill, David Pettrow and filed. 19. Letter dated 03/02/87 from Dale H. Heideman, Department of Law Enforcement Staff Director, regarding the term of Heinrich O. E. Schmid, M.D., District Medical Examiner in District 20, and attaching form to be completed. Referred to Kevin O'Donnell with original and filed. 20. Minutes received and filed. 02/11/87 - EMSAC, and 03/11/87 Agenda 02/10/87 - CG Pkwy. Beaut., and 03/10/87 Agenda 03/04/87 - CCPC Citizens Advisory Committee, and 03/04/87 Agenda 21. Memorandum dated 02/03/87 to Criminal Justice Agencies, from Frank Court, CJIS Integration Plan, enclosing the final docu- ~GOJ. 1()2 PAG~ ~OjL ., ;". ." "' .~."~."--"""._-, ... .oor; 102 p~(,¡: ~02 ~ ; ¡ MARCH 24, 1987 ment of the 20th Judicial Circuit Criminal Justice Information System Integration Plan. Referred to BCC and filed. 22. Letter dated 03/02/87 from Wayne E. Daltry, SWFRPC Executive Director, regarding Marco Shores DRI, proposed Development Order Amendment. Referred to BCC~ Neil Dorrill and filed. 23. Letter dated 03/02/87 from Tax Collector Guy L. Carlton, enclosing a copy of the Dept. of Revenue Rules and Regulations 12D-13.36, Advertisement of property with Delinquent Taxes, and to advise that Naples Daily News was selected at $1.80 per line. Referred to BCC and filed. 24. Letter dated 03/09/87 from Robert L. Patton, Controller, Collier County Tax Collector, attaching a distribution recap showing year to date totals for 1984/85, 1985/86 and 1986/87. Referred to Lori Zalka and filed. 25. Letter date1 03/03/87 from Jeff Crystal, DOT Staff Director, transmitting a notice of the next meeting of the Florida Transportation Advisory Commission regarding creation of a seventh transportation district in the Tampa Bay area. Referred to Neil Dorrill, George Archibald and filed. Item f14Hl CHAIRMAN AUTHORIZED TO EXECUTE QUIT CLAIM DEED TO RELEASB ANY AND ALL INTBRESTS IN A TEMPORARY CONSTRUCTION BASEMENT ON THE BLUE CARIBBEAN DRIVING RANGB See pages '7 ?9 -- 7~() Item f14R2 GROWTH MANAGBMmn' DBPAR'l'M!:NT AUTHORIZED TO ADVERTISB FOR GR01fTR KANAGBMENT A'1"l'ORNEY Item flu MR. BDWARD JtANT CONFIRMED AS REPRESENTATIVE OF NAPLES CIVIC ASSOCIATION APPOINTED 'to THB FIRE DISTRICT CONSOLIDATION STUDY COMMITTBB . . 'I J ì . ~ ~ .. '."'$ I' ~ i" " í :·11 - ... - -"~""~'-'-""'~"""'-'-"'-"" ~~ . -"'-',-",,"~,"),,.,,,,,,,,,",,,,,,,,,,",.._,,,...,,..,;"_,,,,",,..,.,'h_"~.~...,.__",_,~.,-,,,_;.. - - - MARCH 24, 1987 ... There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 6:25 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL .¿? ·å~ ~ {f[ "ffiASSE, JR., CHA~ . .\ . ~ '. L .. ATT~nJ QUIR" ", JAME~~'C... 'GI,L~ . CLERK .. .' .·r....· '.': <;;. . ':J""~,: . > .,:. Æ~<: ;..~ :-. ; ?'fþ -- - - -. L).e. ''7ff; .~ ~~ " ., ""., . (t':' ('- .., ;¡:hè~;.'f,;i.~u€:s approved by the Board on ~.--~~,/?:: /?' r../ \,.:~~." ~ as presented ~ or as corrected ,If , 'I'.." &COX 102 PAG£ 703 ~ ;';;' , . ¡) \ '\ ¡ ¡~. " t"_ . :,'