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BCC Minutes 02/10/1987 R ~~r-·· - - ..... ..........-. Nßples, Florida, February 10, 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 Ap~eals and as the governing boarð(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: .·Arnold G18ss John A. Pistor Burt L. Saunders Anne Goodnight ALSO PRÐSENTI James C. Giles, Clerk; John Yonkosky, Finance Director; Maureen Kenyon, Deputy Clerk; Donald B. Lusk, County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, County Attorney; David Weigel, Assistant County Attorney; John Madajewski, Utilities Engineer; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; David Pettrow, Community Development Administrator; Ann McKim, Planning/Zoning Director; Barbara Cacchione, Planner; Jeff Perry, MPO Director; Jane Fitzpdtrick, Growth Management Coordinator; Nancy Israelson, Administr^~lve Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Depa~tment. . . ~ .1 Page 1 mK 101,m337 . . , 'oj-, t- .... f ¡" - ." 10l'J~ 342 . ~Lt '-). ~;. ~ ; t ~ ... ~ebrua?y 10, 1987 Tape '1 I tea t3 AGENDA - APPROVED AS PRESENTED Co~missioner Glass indicated that he would like Item 9Fl continued to February 17, 1987, regarding the appointments to the Collier County Planning Commission Citizens Advisory Committee. Commissioner Goodnight stated that the item could be continued but she would like to discuss the matter ,is date. After general discussion, Commissioner Hasse indicated that the item would remain on the agenda and it could be discussed and then continued if the Board so desires. Commissioner Goodnight moved, seconded by Commissioner Glass and carried unanimously, that the agenda be approved as presented. Item I6B1 ORDINANCB 87-4 RE PETITION R-86-7C, VINES , ASSOCIATES, REPR. NATIONAL TRUST COMPANY OF NAPLES, REQUESTING A REZONE FROM A-2 TO PUD ~OWN AS TWELVE LAXES LOCATED BETWEEN RADIO ROAD AND DAVIS BLVD. _ ADOPTED SUBJECT TO STIPULATIONS Legal notice having been published in the Naple~paily News on December 12, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-86-7C, filed by Vines & Ass~ciates, representing The National Trust Company of Naples, Florida, requesting a rezone ftom A-2 to PUD known as Twelve Lakes for a maximum number of 1,3l0 dwelling units and ll.25 acres of commercial uses for property located between Radio Road and Davis Blvd., approximately 1 mile west of the intersection of Davis l ~ ;,_',; ; , , ~,~:¡ Page 2 r. - - - Iû... .. - - '/" . l' February 10, 1987 Blvd. and SR 951 in Section 4, Township 50 South, Range 26 East, con- tainin~ 262.33 acres and being a companion to Petition DRI-86-1C. Planning/Zoning Director McKim stated that lands to the north, across Radio ROðd are zoned A-2 and also PUD which is Green Heron and contains 221 acres ard is approved for 1,184 multi-family dwelling units and five acres of commercial. 9he indicated that lands to the east are zoned RMF-12 and across Davi. Blvd. to the east, lands are zoned A-2, RMF-12, RMF-6 and RSF-4. She reported that lands to the south across Davis Blvd. are zoned A-2 and lands to the west are zoned PUD, which is Wildwood Estates and Sabal Lakes. She stated that Wildwood E~tates PUD contains 60 acres and is approved for 710 multi- family units and 3 acres of commercial and Sabal Lakes PUD contains approximately 43 acres and is approved for 171 multi-family dwelling units. She noted that the surrounding lands are undeveloped at this time except for Wildwood Estates, to the west, which is beginning to develop. She noted that the proposed project is in the urban area designation of the Comprehensive Plan and meets the point requirements for 5 units per acre which determines that public facilities and ser- vices would be adequate to serve the project. She stated that the Comprehensive Plan allows residential PUD's to include commercial uses provided certain criteria are met, which includes the amount of acreage which cannot exceed the 5-2-l formula which would allow the 11.25 acres for this project. She stated however, that the project has the point~ for a higher density, but it does not come into· play 1m)( WI Ð':! 34:J Page 3 .. ~"--_"~""",,,,,,,,,,,,,,,.,,,;,.,,."";'"''''''''''<-''''~-''~"''''''''<''""~',.....~ MDK 101M3" Februðry 10, 1987 when considering the ðmount of commercial, although they are requesting only 5 units per ðcre, they are requesting the maximum amount of commercial. She indicated that the Comprehensive Plan also states that the focus of this commercial in residential PUD's shall be oriented to the residents of that PUD and it shall be located within the PUD ðnd not promote strip commercial. She noted thðt the proposed commercial in Twelve Lðkes serves aJch wider market area than the Twelve Lakes PUD ðnd functions as a community shopping area, adding thðt this is dramatically demonstrated by the traffic analysis which indicates that there would be approximately 9,000 off-site trips and 400 on-site PUD trips attracted to the commercial; in other words, the commercial is not focused to serve the PUD as required by the Compre- hensive Plan and would be oriented to serve ð much wider mðrket area. She indicated that the community shopping area, which is what this PUD commercial is, haR to be located in certain areas according to the Comprehensive, Plan:. She noted that it has to be wi~n a community commercial node which is not located here or it can be located in a residential PUD of over 2,400 units, which this is not. She stated that the uses proposed in the Twelve Lakes commercial do not meet the allowed uses for a residential PUD under the 5-2-1 rule. She referred to an overh~ad map indicating the commercial that is either approved or exists along Davis Boulevard and Radio Road, noting that there is a lot of commercial that has been ðpproved for this entire area. She stated th~t in looking at the land use pattern in this area Page 4 .. - - .. .. ~ February 10, 1987 with the extension of Santa Barbara Alvd., there will be a new dimen- sion added to Davis Blvd. potentially providing the intersection of an arterial and a least major collector where a community commerical node may be appropriate in the future. She stated that it was for this reason that Staff found that the residential portion of the Twelve Lakes PUD to comply with the Comprehensive Plan and the commercial portion of the Twelve Lakes PUD not to comply with the Comp Plan. She indicated that the CCPC recommended forwarding this petition to the Board for approval, subject to Staff' recommendations, including the deletion of the commercial and as amended in the Executive Summary on two other points which is concerning the side slopes for water managment lakes and that the developer will comply with any impact fee ordinance adopted by either the School District or the Fire District. She stated that no one spoke for or against this petition at the CCPC public hearing and no correspondence has been received. She indicated that the Petitioner has amended the PUD to include the Planning Commission's recommendations, but the items outlined in the Executive Summary dated February 10, 1987, were not included in the revised PUD that were part of the Planning Commission's recommendations. She stated that her understanding is that the Petitioner is in agreement and will add all of these recommendations except for the one point that is still in discussion, which is the commercial portion of this project. She noted that the recommendation is that the Board approve this project subject to the Planning Commission's recommendation which , j;' , ~ j :", I '. i ,~,.' "\. Page 5 aoo~ 10! 4'~:-! 3'45 ¡U· ¡ " . }¡ c ~ .~ ,; ."t.i. ':,For.. .,.. ,DOt 1011'At;t 34.6 February 10, 1987 does include the deletion of)the commerical. She stated that since the CCPC meeting, the Petitioner has proposed several changes to the commercial portion of the PUD and one proposed change was a two-step approval process, howevar, if the land use is approved in the PUD and Development Order, a staff administrative process is not capable of denying that land use, adding that lt can only be reviewed for compliance with the PUD development (,dndards. She indicated that some of the uses that the Petitioner has propoÐed do meet the Comp Plan, but there are still uses in the list that do not meet the Comp Plan for the neighborhood commercial, uses which are generally the "Cl" and "C2" uses and som~ of the "C3 "uses have been included in this list. Planner Cacchione said that there are some uses in Alternative *2 that are not appropriate, but Staff's recommendation is based on the fact that. the additional commercial in this are~.is not needed. Commissioner Goodnight questioned if this commercial is not needed would the same recommendations be made on the Brettone Park PUD, to which Planning/Zoning, Director McKim replied affirmatively, adding that there is also ßnother PUD that is proposed with commercial and Staff will recommend that the commercial also be deleted. Commissioner Saunders questioned what the Board's options are under the 5-2-1 rule if the developer is developing a PUD in compliance with the rule, to which County Attorney Cuyler stated that the Board has discretion with regards to the amount of commercial that Page 6 .. - - '~'"'''';41·''''''''''''___._",,,, ...' -""."~."..."~,--~--.--.._~"~,,,,;,..,,",,,, J"·'··"·"··."·~-·_","'e_____"",~",·",,,,,.,,,,,,,;,,,,,,.·.,, :.t ,~.' 'r- ;~/.' rO';" '~~ fi;';' ;{" iP .. ~'ti . 'f ~~ ... 1001 101 "ACt 348 1 ~ : r ¡ , , L' February lO, 1987 share to help mitiga~e those impacts, but the developer's share may not be enough to make those improvements. He stated that the State, the çounty, and other developers in the area may have to contribute to get the roadway built in a timely manner. He noted that development is being restricted to a northerly development off Radio Road. He stated that they will not be connec'ed to Davis Boulevard until the third or fourth phase of the project Ahich would be well into the 1990's. Tape 12 Commissioner Pistor stated that under the new Comprehensive Plan one of the requirements is that all services are to be in place before building permits are allowed, adding that with all the requirements that are necessary the only thing the developers are going to be able to do is prepare the sites. He stated that the roads are going to be a major prob~em fo~. the County. He stated that wit~.all the addi- tional traffic that will be going to County Barn Road, it will have to be four-laned. He stated that if these roads are impacted heavily, the State is liaole to say that under the Comprehensive Plan this can- not be done and they may stop all development. Mr. Perry stated that as part of the review of this project, he has asked the Transportation Department to look at County Barn Road and it& impact because it is not in the work program for any four- laning~ adding that it will probably show up in the work program within the next year. He stated that as part of the growth management ; Page .8 .. - - -"-'---'-'~''''''''''''''.'''''''''-'' "'>""'''''"''"~'''''_'""""","_,,,,",__r''''''_____,,~''''"'~'' - - - . ;r~' . '! February 10, 1987 process, the Count~ . ill be setting adopted levels of service stan- dards for roads, wa~er, sewer, etc. and if those levels of service are exceeded by traffic, then Development Orders cannot be issued and if the project already hös appro~al it cannot get the building permits or the CO's and the County becomes responsible for maintaining those roads at that adopted level of service or seeing to it that no further development occurs. He stated that this project will pay its impact fees but those are not usually used on state highways and, therefore, they will wait for the improvements to be made by the State to Davis Boulevard, but if that service goes ; ~low the adopted level of ser- vice, then the development will stop or the developer will make miti- gation payments to the County and the County will hold that money and the developer will continue their development until the State comes in . .. with their share of the money or the County can put up the rest of the money to make the improvements. He stated that there are options, but the County is not presently responsible for Davis Boulevard. He stated that the County is responsible for the development that occurs along that corridvr and the Development Order indicates what happens if the roads go over the level of service, adding that there are four or five conditions that the Developer will have to meet if this occurs. Commissioner Saunders stated that the County is faced with the dilemma of approving zoning applications and at the same time, develo- pers have to be advised that because they have the zoning, it does ¡ '; ; j (" ' . ~ ~, - J ,. ¡ I (.:t 1..(." . , ~"., I'"~ r I.J ,Page, ,9 I, . PO¡:;r' aoo« lOlf'~~!:34.9 .. " ., -"'---;-".""~- ., ... .' .. aDDK 101 'A~t 350 ! ¡ , : " , '~ :;} it" . t) .. February lO, 1987 not necessarily mean that they will be able to build the units and in the event that traffic becomes so c.' ~ested on Davis Boulevard there will 'have to be a moratorium. He questioned that once this zoning is approved and it is found in the future, be for: building permits are issued, that there is a problem with Davis Boulevard, can the deve- loper be stopped from proceeding until improvements are in place? He stated that once the Comprehensive Plan is approved under the new growth management legislation, it will be mandated and asked what hap- pens prior to the plan being in place? County Attorney Cuyler stated that there is no mechanism at this point to indicate a moratorium on further construction, adding that at this point, no one knows how the growth management in the new Compre- hensive Plan is going to work until that point is reached, adding that the County also sets the level of service as there is no level of ser- vice that is mandated. ~. Commissioner Saunders questioned if the County sets a fairly high level of service which results in no building permits being issued because of falling below that level of service, does this open up the County to any liability? Mr. ~uyler stated that he does not feel that it does, but it will be a question as to how a level of service a local government can set without getting in a situation where limits are set too high or unreasonð~le. He stated that they are not at a point where this is being looked at, but it is something that a lot of local governments will have to answer in the future. Page 10 " . .. - - , '" 1,/···· February lO, 1987 Attorney George Varnadoe, representing the Developer, stated that there are a lot of valid concerns being raised even though they are not generated from this project. He stated that Staff has recognized Davis Boulevard corr1dor as a growth corridor and this Commission designated the CCPC and the Water Ma'agement Advisory Board to hold hearings to try and make determinatio. ~ and recommendations on what to do about Davis Boulevard as far as keeping it at an acceptable level of service as well as checking into the drainage problems that exist south of Davis Boulevard in order to make the whole corridor work. He stated that almost all of Davis Boulevard is at level of Service "A" except for the intersection of Davis Boulevard and Airport Road. He indicataa that County Barn Road is at a level of Service "A", which is '1~000 trips a day and it can handle approximately 12,000 trips a day. He stated that a good description was given of the pro- ject, noting that it is a DRI size project with l,3l0 dwelling units and 3,000 plus citizens at buildout 20 years from now which is on 262 acres. He stated that there seems to be three issues concerning this project; transportation, water management and the commercial. Mr. Stanely Hole, Engineer for the Project, stated that he would like to discuss the three issues that he has been involved with. He stated that the first issue is potable water, adding that the County is englarging the wellfield and water treatment plant and has sche- duled construction of major water mains, adding that the project is consistent with the Comprehensive Plan. He stated that the project Page 11 , :- . IßOK 10I!I'%?:351 " "--.- ... .. 101f)7.352 February 10, 1987 has made their first ~wo payments for their share of the 20 inch watermain, adding that they are required to loop the main from Airport Road ,down to Davis Boulevard to help stablize the difference in heads in the two pipelines. He stated that there has not been any concern raised about the County's utility system to meet the needs of the area. He stated that the County has a master sewer plan, but the sCheduling is not as firm on the se~:, plan because of the Federal funding as it is on the water, but the Developer is required to pro- vide his own wastewater treatment and at such time as the County's facilities become available, the Developer is required to connect to the County's system and the developer will abandon and remove to the County's satisfaction, the facilities that he will construct ini- tially. He stated that with regards to drainage in the area, in 1972 there were heavy rains and flooding and the WMAB recommended a study of the area at thbt time to determine the problems. ~He stated that a study was done and identified a 42 square mile drainage area with sub- basins and there were two main problems; one being ð maintenance problem and the other, an outfall problem. He stated that ten years later in 1984, there were more heavy rains which caused flooding. He reported that after looking at the 1974 study, it was determined that a lot more development had occurred upstream. He stated that after reviewing the plan, it was again determined that one of the major problems was the Lely outfall canal south of the Trail, the need for the spreader waterway and the need for other physical improvements Page 12 .. - - """~";-=""".,-"...,_."""""",,,,,,_.......~ "~''''"'''-''''---'''''''---'--''.-,., ,....,,,,,.-..;,,-.--...,,,,,,, -.' .. -"--",","-'-",'",",,,,.,,~,,,~,",,,,,"-,",-_._.,,-,,,,.._~.-._.. '.",...,-,' ,. ..,~..,..."....,,-~._-,.",-",..~--,.. ..,_.,........ /. , ., " February 10, 1987 upstream. He report¥~ that this was presented to the Board for action, adding that ~he plan has not been implemented, but the Water Management Department and the Water Management District of South Florida have required developers constructing in the area to construct those facilities within the boundaries of their project that this plan recommends. He :!Itated that there is a special requirement for this area, adding that typically it is required that a development not be allowed to disch~rge from the developed project more water than what was discharged when it was in its natural state, but with all the . complaints that are bp.ing received fro 11 downstream, the County has required that anyone developing upstream in this area, has to cut the run-off rate in half. He noted that the Big Cypress Basin offered to determine the ~Ost of the portions of the project that are not yet constructed, and the funding source. He stated that when they have completed the study, they will report to the Board the cost to do the project, the assessed value3 within the boundaries of the area, the legal work that wo~ld be required to assemble the special district and the alternatives for funding. Tape 13 In answer to Commissioner Pistor, Mr. Hole stated that the lakes are interconnected within the project so that they will all be at about the same level so that there will be uniform downward seepage. He noted that all the developments in this area have to be designed as though there is not going to be an improvement to the outfall which ;;; lOr w! 353 Page 13 ··,·",~·."·.,,,",·"_,~"~<,'''',"'~'''''AA."" """".""'"""""""-'''''''''''''~_'__''__'''''''''''_~_ ~ 101'v.!354 '¡ i means cutting the run-off rate in Malf and also they are required to February 10, 1987 construct through their project, the facility in the event that the rest of the project is built. He noted that it is a big issue and an important issue and also important that the traffic and water resour- ces be integrated. Attorney Varnadoe stated that the next issue to discuss is the transportation issue, adding that County Attorney Cuyler indicated that there is not a mechanism for mo~ toriums which may be true with small projects but not with DRI's as there is language in all Develop- ment Orders that ties the development to the level of service on the road systems that are impacted. He stated that the language in the petitioner's Development Order indicates that any road that the deve- lopment has a significant impact on and falls below level of Service "C" has to be improved within a time frame certain, adding that if it is not improved then there is a substantial deviation which means that development stops ~ntil the substantial deviation iq.corrected. He noted that with regards to Davis Boulevard, the petitioner has agreed to participate with the Board in regards to decisions they should make, i.e., extra road impact fees for Davis Boulevard or simply a road impact fee. He stated that a big concern of the DRI developers is that if a roadway falls below the acceptable level of service, they will not be able to ~se it or continue construction, adding that it will be in the interest of all developers to be sure that the roads are maintained at an appropriate level of service. Page 14 .. - - ""·''''-',"",'''.'·'"",';·''i'''__.. ....""^"".'."...".."'"---...---....--.-,...., .. -.J .. ~/~. February 10, 1987 Mr. Cuyler stated that Attorney Varnadoe is correct with regards to DRI's, adding that the language is along the lines of what is being propose1 as part of the growth management which is basically the level of service tied into future developments. Commissioner Saunders stated that in Paragraph 3A of the Transportation Section, it states that the County has adopted a Road Impact Fee Ordinance 85-55 and the DL' ·loper, or its successors, shall pay the impact fees specified therein, and questioned if this should state that the Developer will pay the fees as specified therein or as amended in the event that the fees are increased in the future? Attorney Varnadoe stated that he has no problems with that, adding that if the ordinance is changed, they will abide with it. Mr. Varnadoe stated that the other issue is with regards to the commercial, adding that this is a little more complicated and there are two alternatives being presented. He stated that when this pro- ject went to the CCPC, it was a fairly basic approach that said ll.25 acres will be set aside for commercial uses. He stated that Staff feels that there is enough commercial and therefore, it would not be appropriate to approve anymore. He noted that for the kind of neigh- borhood supermarket shopping center that they would like, there is a minimum of 10 acres needed but 12 acres would be better. He stated that there is not a lot of commercial in this area that would be appropriate for this. He stated that the commercial at Kings Lake is exactly the kind ofcievelopment that they want. He referred to the "I I. .. ;¡. Page 15 r ^,', ¡eon« IDl~~355 ""'>.,."'"_....-_,;"-~-,,,..,...",,- ---_"_..."',_""._,_....",...><...,.,-<;....,....,"_0.. ~·"',.··,·^""___,..".'"",,___#,'_~''','''.,.K.',';'';->O''',._.,.·, . "·'....~·k,·~'..._~...,«,·.,.;" , ~:i~:", ~,""", '!j1.y. r1:~ l~':\ ~J ~~" \,....j. ~i.~~ ir, tOOK 101 'ACt 356 ú j; ... , . February 10, 1987 overhead map that indicated that thE! locations of commercial within the area, noting that most of the parcels are too small for a neigh- borhood supermarket shopping center. He stated that they are pre- senting two alternatives; Alternative '1 is a two-step approval process for a specific commercial use which is a supermarket dominated small neighborhood shopping center. He stated that this property would be zoned for that use only and when the applicant comes back with a written commitment from a maj_ . supermarket, then the further development of that parcel would be approved. He stated that this would not allow the petitioner to sell off an acre for a convenience store, a gas station, or a fast food restaurant. He reported that Alternative #2 is a list of permitted uses that has traditionally been approved by the County in PUD's. He reported that the Comprehensive Plan recognizes five types of commercial uses; neighborhood, con- venience, commercial uses in PUD's as described in the urban area, community nodes ard interchange/commercial nodes. He indicated that neighborhood commercial land uses must have direct access by an arterial or collecto~ and location should not include more than 8 con- tiguous acres and should not promote strip commercialization. He stated that it is designed for lower levels of goods and services and serves an area of .75 to 1 mile with a population of 500 to 3,000 people. He stated that the convenience commercial must have direct access on an arterial or collector with the parcel being no smaller than 2.5 acres and no larger than 5 acres and no strip commer- Pðge 16 .. - - '''''''~''<~'''''-'-'''''''''-~-'"'' "".,", ·'~-_"",__.'V''''''_'''''''"I>".''''''__'_.'_'''''''-'~'''"u_...·",,,,,,,_,_·..',. .. - .. 1;'''/' February 10, 1987 cializr.tion. He stated that it must have the lowest levels of goods and services such as convenience stores and gas stations with a ser- vice area having a radius of 2 miles. Tape '4 Mr. Varnadoe stated that the com 'unity commercial node is defined as intending to supply residents with ;niddle level or immediate order of goods anù services and permitted uses may include some convenience neighborhood uses as well as the sale of wearing apparel, appliance and other general retail commercial goods and professional activities. He stated that the outlets are intended to be community type shopping centers and professional plazas that could include departments. He stated that the s~rvice area is intended to be approximately a 3 mile radius with a p~pulation of 20,000 to 30,000 and acce~s should be at the intersection of major roads and arterials. He noted that the maximum amount of community commercial desired within the nodes is 30 acres. He stated that with regards to PUD's, they are allowed to have up to 5% of the land for commercial use without amending the Comprehensive Plan if they are less than 200 acres and then the 5-2-1 rule is used. He noted that it is intended that such commercial uses should follow the criteria listed as such: the focus of the commer- cial shall be to the PUD's residents; it shall be located within the PUD and shall not promote strip commercialization; and uses are con- sidered lower level order of goods and services such as support retail uses and offices. He stated that it does not say that it cannot serve Page 17 !CDK 101p¡z357 101p,,~ 3'58 , f( 1', 1 ~ , \' ) (.. , " ..... ~. ~ ." February 10, 1987 anyone outside the PUD, it says that it should be focused to the PUD's residents. He stated that the lowest level of services is convenience stores and gas stations and there is nothing in the Comprehensive Plan or the zoning code that indicates the lower level of goods and ser- vices, but he feels that lower level means basic needs which is bacon and eggs and steak and milk, which is what a supermarket gives. He stated that this site is a supermarket dominated site that will serve approximately a one mile radius and ,'30 fits within the definition of the commercial uses for planned unit developments, adding that the way the comp plan is written it seems that PUD's are allowed to have up to 5% of the land for commercial. He stated that he feels that Alternative *1 with a designated commercial use is the most appropriate approach and is the preferable one. He stated that with 1,310 units at buildout and 3,000 residents, there will be need for commercial, adding that if there is commercial on-site then there is less trips off-sil~owhich alleviates some of the transportation problems. He stated that Staff has indicated that because of the remote nature of this site, the residents will have to go a long way for their basic good~, and services and if this can be provided on- site, it alleviates a lot of problems. ..... Recess: 10:35 A.M. - Reconvened: 10:45 A.M. ..... Mr. Bill Vines, Planner for the project, stated that Twelve Lakes project is part of the emerging growth of coastal Collier County. He indicated that there seems to be a lot of emphasis on the Growth Mana- , , Pðge-18 -,I (1;).', :..; .. - - ,··_""',_",·,'...4......·,,,'.."";,,,"""'_".,.,~;.."OJ·.."..._...·_··~ - - - February 10, 1987 gement Act and the ~pcoming Comprehensive Plan and the requirements which will be imposed that moratoriums take pl~ce when levels of ser- vice are not kept up. He stated that this may be true, but the pur- pose of the Growth Management ,Act is to provide local governments with the emphasis to provide the public services and facilities to keep the level of service up and if this is done, the moratoriums do not come into being. He stated that with regards to the commercial aspect of the Twelve Lakes PUD, a neighborhood shopping center has been incor- porated in a half se~tion of land fc- the purpose of providing a site for development of a neighborhood shopping center at such time as growth has occurred in that general area to the extent that the shopping center facilities are needed and the major anchor facility, a supermarket, h.a,~ committed, firm development plans for, the overall 11.25 acre site have ~een prepared, development schedules have been committed to and all of this has been submitted to the County. He noted that until this happens, the Petitioner is simply reserving a site that meets the criteria of a contemporary neighborhood shopping center complex. He stated that these complexes are anchored by a supermarket, have a drugstore and usually another 50,000 square feet of shops on 10 to 15 acres of land and serve 15,000 to 18,000 people which means 6,000 t~ 8,000 dwellings. He stated that the service area radius is usually a mile or less in urban areas and they are located on a arterial or a major collector and ideally, they are located in a large residential project or on the edge of it, wherein the street Page 19 aDlIX 101 f1?: 359 ~;-, - " ""--~""""""".,.""-"-""".,.",,,,,,,,,---,,,,,",-,"-'." , j.[l.. :,¡r ,~ aDDK 1Dlr::.z 360 February 10, 1987 system of that proj~ct ties directly into the parking lot for the shopping center so that the community has direct access without the necessity of going out onto the bounding streets. He noted that the Comprehensive Plan doe~ not speak of this kind of neighborhood shopping center and it has contradictory and impossible standards, adding that the Comprehensive Plan ~eeds to be corrected. He noted that the neighborhood shopping cent~ that they are planning is com- parable to the other 13 in Collier County that exist and the 3 that are already approved. He noted that 10 of these neighborhood shopping center complexes are not located in the community commercial nodes, adding that they are in the urbanized areas of Collier County and they serve a small neighborhood in their immediate vicinity and that is what is being proposed for this project. He stated that if the years go by and the site has been reserved and the circumstances do not come into being which make it appropriate for a commitment by a major .. . supermarket chain to develop on that site, then 11.25 acres has been saved for no purpose. He stated that if this should become a reality, then that 11.25 acres would be replanned and it would come back to the Board in the form of' a new rezone petition to extend the residential and open space into it or whatever, adding that he does not think that this will happen and as the years go by, it will prove out because this site has the good characteristics that a good contemporary shopping center likes. Commissioner Pis tor stated that there are supermarkets almost Page 20 .. - - ..,...."'"'.","'.._.~_..-...,...~.;.".".,,,.,.,.._.,, "M"" ._...,,__.....__.. -"·'··'-_-".__'"i 111__' ............. . i....··...i...~.i..,.;.'.... i :- '<,' \-·t.i<, h: "¡ ~ ':, ti;)..'i 1r" t~,~ '..... .. .. .. , . ..þ , .,/ . February lO, 1987 every mile and a half and questioned if this many supermarkets are needed? Mr. Vines ~tated that this is the characteristic spacing in urban areas througho~t this country and they are getting closer spaced than what they used to be. H~ stated that they used to be bigger cen- ters more widely spaced serving a larger market area, but the trend is toward smaller stores and closer space patterns. Commissioner Pistor stated that the supermarkets are getting bigger that he sees going up and thfv are serving 15,000 people. Mr. Vines stated that 15,000 peo.'e is the typical trade area which the supermarket based shopping centers plan to serve and in an urbanized area such as this, it is an area that has less than a mile radius around the store. He stated that from the standpoint of traf- fic, the closer spaced the shopping centers are, the shorter the tra- ." vel distance required for the residents that they serve and the shorter the travel distance required, the less traffic impact on the road and the more convenient for the housewife shopper. He stated that Staff is correct in stating that there is an abundant amount of acreage that is zoned Commercial in the area, but it is not good neighborhood shopping center sites, adding that the site that they are proposing is a good site that will be reserved for future years. He stated that this is good, long-range planning and is a substantial commitment to reserve sites of that acreage and land value for a long period of time, but they plan to do it and if the Master Plan is approved, it is a commitment as the language is written in it. , , ~tD« .1D1~381 Page 2l ~t')~j, " 1 ~ ~ ..4(".J;1 \ ! \ ¡ '4'H ''''-'_'_''_'_Jö'_''"~_;___'~.___'''-_'«'''"''''''''''''''., " .' :... ·:;ft'~;' I~.······,····~j;,.···.··~···;¡~; .",.~ . ¡'" ¡' ~. ( ":_r. : I' , " . , .>':~ ~r" ,~ 101~362 .... February 10, 1987 Commissioner Pis tor stated .that the PUD 'indicates that the requirement to install monuments in a typical water valve cover shall be waived, adding that he is against anyone waiving that requirement as these monuments should be preserved and put in a water valve cover so that the surveyors find the correct monument. Mr. Vines stated that this is a surveying engineering requirement and the Subdivision Regulations requtre an installation of a monument in a mðnner which is contrary to wha~ the local surveyors regard to be good practi,=e. Public Works Administrator Archibald stated that in the last number of years an exception has been met for this type of monument but in its place there has been a different type of monument which is an established survey monument. He stated that when the subdivision requirements are revised, different optionB will be specified, adding that these monuments are acceptable and are permanent but they are different from what ,is addressed in the ordinance a~.this time. He stated that these monuments are encased, which is required. He stated that the requirement for a monument to be in a typical water valve cover is being waived, but there is a requirement being imposed for a permanent type monument. Mr. Varnadoe stated that he is simply aSking to have this commer- cial approved to be left in a reserve status until the market calls for it, adding that also next to this commercial site, there is a small piece consisting of 3 acres which is part of Wildwood Estates. Page 22 - - - "-'__"'''~''"'''''''''''''''''''''_"''',"'''''''''''\f'''''__'_''''''''''''_'''' ~.'.~...:.'... f... ~J : r: f.w:..1,..-" i ...., "~'~"" -".. I~" . . ~'\ot:' , '.'~ ¡, ." '/::J';~'~"j' I," .' ~- ,-; ~\.':-; 1.' February 10, 1987 He stated that he is requesting approval of this petition with either Alternative .1 or Alt~rnative .2. Mr. George Kellec, President of Collier County Civic Federation, stated that he agrees with thé petitioner on this PUD, adding that the reason for not wanting to have this commercial in the area is that there has been too much small commercial already approved. He stated that he feels that this commercial would be an asset to the area and the petitioner should not be penalized because previous small commer- cial tracts have been approved. Tape U Commissioner Saunders moved, seOt 'ded by Commissioner Glass and carried unanimously, that the public LJarinq be closed. Commissioner Saunders stated that his major concern with the deve- lopment on Davis Boulevard is the potential in the future for some negative traffic implications and based on what he has heard this date, this project is not going to be a cause of those problems in the foreseeable future. He ~t~ted that he understands that there will be no connection to Davis Boulevard until at least late 1994. He stated that he feels that Alternative '1 makes sense because if the developer does not get a major grocery chain, there will not be any commerical development until the petition is brought back for a rezone. ,He stated that he does not take lightly in disagreeing with Staff, but based on the testimony he has heard, he would recommend approval of the project. 11' . ~".~.; ~. ii' .. .. , i ¡í ...cr. Ij~-~~ ;J":' iJ( r q~~ ,'.' . .J j. ( :~. 4 ,> ( Page 23 aODK 101~x.J!3B3 """"-~""'''''''_'''__,""d''l . ·'··""~·"'·'·"'_'·,''';\4''''.,·""''';,_·_",,,~,,,·",,,,,,,~,,,;,,,,~,,,,,,,,,,,"·_ 1 ft,....····, "~", ' .' ., . .. ~,:. .. . .. .......}!..., " ,!Í'/' X~, ,...'. ,..:........... . :aDD( .. "',.. "> . ,!;:-.': ~ n ,\: ;, lDl~364 I! .' February 10, 1987 Commissioner Pistor stated that he still feels that commercial every mile and a half of a supermarket type is not needed. Commissioner Saunders moved, seconded by Commissioner GoOdnight and oarried 4/1, (Commissioner pistor opposed), that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 26 with the understanding that the Commercial site will not be developed under the present PUD docUMent unless a major grocery chain has been approved to be built1 also 11' .'.h the understanding that there will be no connection to Davis Boulevard for the residences or the commercial site prior to late 19941 that any further access points would have to be approved by the appropriate County departments at the time the permits are applied for1 and subject to staff and CCPC recoa- mendationsl ORDINANCE 87-4 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 50-26-2 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TWELVE LAKES FOR A MAXIMUM NUMBER OF 1,310 DWELLING UNITS AND 11.25 ACRES OF COMMERCIAL USES FOR PROPERTY LOCATED BETWEEN RADIO ROAD AND DAVIS BOULEVARD APPROXIMATELY ONE MILE WEST OF THE INTERSECTION OF DAVIS BOULEVARD AND SR-951 IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, 262.33 ACRES TOTAL; AND PROVIDING AN EFFECTIVE DATE. Item UB2 DRI 87-1 RB PETITION DRI-86-1C, VINES , ASSOCIATES, RBPRESERTINQ THE NATIONAL TRUST COMPANY OF NAPLBS, REQUESTING DEVELOPMENT OF REGIONAL IMPACT APPROVAL FOR TWELVE LAKES LOCATED BETWEEN RADIO ROAD AND DAVIS BLVD. - ADOPTED SUBJECT TO STIPULATIONS Legal notice having been published in the Naples Daily News on November 13, 1986, as evidenced by Affidavit of Publication filed with Page 24 .. - - . _",."_.,..",_~..~..._.."",,.,;, ".. , .' .. ,^"".,c·,.",,,,,,,,~,.,,.,,, ,_, "',,,......,.,,,.~,,,,. "",'.,." .,_ _'-''''_~'_'''''' ~ ..' ..,."'....,.......,-..,-............"'..-,,-.-.-. - /"" , '1 February 10, 1987 the Clerk, public he~cing was opened to consider Petition DRI-86-1C, filed by Vines & Associates, represe~ting the National Trust Company of Naples, Florida, requestin~ Development of Regional Impact approval for Twelve Lakes for a maximum number of 1,310 dwelling units and 11.25 acres of commercial uses for property located between Radio Road and Davis Boulevard approximately one mile west of the intersection of Davis Blvd. and SR 951, consisting of 262.33 acres. Planning/Zoning Director McKim stated that this is the DRI for the previously approved project, adding t~ 't the Southwest Florida Regional Planning Council reviewed this project in October at their regular meeting and recommended approval subject to the recommen- dations found in the Development of Regional Impact assessment for . <' Twelve Lakes. She stated that the issues that were addressed are in the r~commendations and basically, the recommendation of the SWFRPC are consistent with the reccmmendations of Staff. She stated that some of the specific language has been changed more for points of clarification and to be consistent with Staff's recommendations. She noted that the CCPC reviewed this petition concurrently with the rezone application and they recommended approval subject to the recom- mendations on the rezone and SWFRPC's official recommendations. She stated that since the Planning Commission meeting, there have been several meetings with the petitioner and there are some recommended changes to the Transportation language. She noted that the Development Order also needs to include language that says that the . Page 25 BOOK .1U!f;I!!365 '_'_'0" .,...".._.""'.....".......,_""',,_,,"',,,,_..._=.."'_....,_.......,....,___...,_.....",."..," "....,-~_.....'.__...._.."._..__......_---~". I"'.., ,.,. :.> t t .'.,....'....' . ~' '.~:;.< ¡ ',' :'i'~,.. ~, t·rcl. '.'; .'~ . <,,', < ~:'; tODK 101P.a7.366 , i .~ í .~ r ) ~; February 10, 1987 Board will commit to not down zone the property for a specific period of time, which is being recommended for a period of five years. Mr. Varnadoe stated that under the new Statute that was amended in 1985, it states that a date has to be established until which the local government agrees that the approved DRI shall not be subject to downzoning or unit density reduction. He stated that if the DRI does not start within fiv~ years, then th' nevelopment Order becomes null and void and therefore, the same five year period should be tied into the guarantee of the DRI. Commissioner Pistor stated that the DRI was supposed to be revised because it includes the area of Davis Blvd. and Livingston Road being put in by 1990, to which Mr. varnadoe stated that in the handout that was presented to the Board this date, it has the new transportation language which deletes in the Development Order any reference to the extension of Santb Barbara Boulevard south of Davis Boulevard or Livingston Road south of Davis Boulevard. commissioner Sàunders moved, seoonded by Commisslòner Goodnight and oarried unanimously, that the publio hearing be olosed. Commissioner ~aunders moved, seconded by Commissioner Goodnight and carried unanimously, that DRI 87-1 re Petition DRI 86-1C be adopted subjeot to the Staff reoommendations, the inolusion of the new language in the transportation section and with the inclusion ot the tive year limitation on downzoning. 1.' 'J. . "paqe 2' ,I. _. , 1 - - - .,._,...~"-,_..._,,~----_. ... _u.. .~ I.t:,~~~.~:.~ ' IOU 101 P.\$t 3"98 February 10, 1987 Item teA FIRE DISTRICT CONBO~IDATION COMMITTEE TO LOOX AT ISSUE OF IMPACT FEES AND COUNTY ATTORNEY DIRECTED TO INVBSTIGATE LEGAL RAMIFICATIONS MI. Art Johnston, North Naples Fire Control District Commissioner, stated that over a year ago there was a presentation to the Board indicating the desire to develop impact fees for new construction to provide funds for fire stations and equipment. He stated that it was an urgent need then and a critical n 'd now. He stated that they are requesting regulatory fees of $100 on single-family homes, 5¢ per square foot on commercial, $25 on mobile home space, and $40 for hotel space. He stated that the quality of protection that is necessary cannot be provided with the present allowable tax base. He stated that the fire districts are growing at an alarming rate and need addi- tional facilities. He stated that the North Naples District tax base is only sufficient to provide normal operating costs and not enough to provide funds for a large scale expansion which is necessary. He indicated that the North Naples Fire District has been divided into .> . six areas and there is only one permanent building in the entire area. He indicated that bond issues are not the way for the fire districts to go because after all costs are calc~lated, the net return to the District is only 56% of the bond issue. .He stated that if expansions are funded by large increases in taxes, it would take a long time to build up sufficient cas~ reserves to construct the necessary facili- ties, adding that the expansion rate in Collier County will not permit the lire districts to wait. He stated that after a year's time, no Page 27 -~..,~-~""., "....---,~".~ ,-....""","."-"....,~..-.----"~....-~,.,,.>~.- ,'.·H"'-'~>".~.~_,..'"_","'",.~. -.-- .' ., '.- .. -. - - February 10, 1987 one understands why the fee has not been initiated, adding that a $100 fee added to an $80,000 or $100,000 home is insignificant. He stated that his proposal is fair and equitable as it treats everyone alike. He note~ that fees have been imposed for water, sewer, and roads and cost over $1,700 for an average house, adding that these fees will keep taxes down for everyone. He indicated that there are numerous rea.one why this one time development fee is fair and equitable and a logical approach to the problems. H0 stated that it is his request that an ordinance be initiated this ðe or other positive action be taken that will lead to such an ordinance. Commissioner Pistor stated that he has no particular objection to this, but impact fees cannot be used for floating bonds to put up ð fire station or buy new equipment. . .. Mr. Johnston stated that the effect of the impact 'fees is that they accumulate funjs quicker than raising taxes, adding that some of the tax districts are almost to the maximum that they are allowed. Mr. George Keller, representing Collier County Civic Federation, stated that impact fees for fire districts has been discussed for ð couple of years now. He stated that there is quite a time period from when the property is purchased and permits are obtained until the pro- perty is actually put on the tax roll, but while that home is being built it requires fire protection. He stated that if an impact fee is initiated, it should be done at the time the building permit is issued, or if this cannot be done, then he would suggest that a fire Page 28 BOil: 101 Pi7. 399 .....4"J.. ' (.. ... J \ (, I '. I I. i . hf;"I '''''''''~'-'''"''"'''----'-'''''''''''''-'-'.'----''''-'''" 0-- ">'""'''''''''''''"'_''~''''''''''_.'____"".......,.",_","..,.~'._,_..,_, />!" '/' " , ... February 10, 1987 inspection fee be chùrged through the Building Department for the same amount of the impact fee. He noted that this money could then be transferred to the appropriate fire district. Commissioner Goodnight stated that in talking with the Chairman of the Flre Consolidation Committee, she understands that a report is due within the next few months, adding that she would like to see this report before any decision is made. Mr. Henry Maxant stated that he agrees with Commissioner Goodnight in regards to waiting for the report ~om the consolidation committee. He stated that the level of service offered by governments has been previously discussed and all that is needed is an acceptable level of service. He noted that four minutes is an important response time because over 65% of the responses in the North Naples district are medically related. Tape f6 Mr. Maxant stated that in order to meet this response time, there has to be plenty of fire stations close to the poputAled areas. He stated that the average citizen feels that impact fees should be ini- tiated. He reported that the nature of government is the health, safety and welfare of the people and impact fees to pay for fire sta- tions is exactly what the health, safety, and welfare ~equirements of government are and he supports this impact fee 100% and will continue to do so. . ~hief Jim Billman, East Naples Fire Department, stated that the pro- , ,Page 29 .. - - ,.- '. -=---::--:-::::.::__..: -~.:--/ -'...._....."~.,."'. "'''''''''~'~,." ,.."~,.~,---........._",-~","",..~~ .,. T'" ",,,·_·,,,,,,,,,,__,,-,,,,,,-,~~~.,.,,""".¡'''_l',,.=''''_',,..,,"",,,,,.· ......"_,......-,..""'w'""....,,,.,,_. ,....__"""'""...,_,_~,....=_"..-_,_._.~.....~,---40 j;;..s--r-, February 10, 1987 posal by Mr. Johnston is basically the same proposal that they had last year and was brought to the Legislative Delegation to petition them to change the enabling act of each independent district to faci- litate collection of ~n impact fee. He stated that the consolidation øtudy committee was born out of this ~ntroversy, adding that to this date he stjll does not understand this. He noted that impact fees are needed to facilitate making capital improvements. He stated that the East Naples budget has been a mill and a half levy since 1961 and they have done well building up to this point and keeping manpower and equipment adequate to serve the needs, but there is no control over the amount of growth and in the last five or six years the ability to accumulate capital improvement funds is very limited and deminishes each year. He'stated that the question is shouid normal ad valorem taxes be used to build capital improvements that are caused by new growth? He noted that East Naples Fire Department is for impact fees if they are equitable, county-wide and meets the standard of fairness. He stated that the consolidation committee is studying all fire departments in the county and are working very diligently, but he does not know of any mandates they have to study, specifically impact fees, and waiting for their report may not shed any pertinent information on this matter. Mr. John Garnier stated that the consolidation of all the indepen- dent departments is the answer as the $lOO impact fee will only be the first step and will soon be increased like all the other fees in this Page 30 nUl 101n~401 ..101rm4œ February 10, 1987 county have been. He stated that ea~h department has ð chief, assistant chief, secretary, fire lieutenants, commissioners, etc, adding that if these districts were consolidated a lot of the excess expenses could be avoided. He indicated that a county fire department could furnish the needed fire protection for the entire county. Mr. Bill Jones, representing Collier County Contractor's Association, stated that their feelings are for good and adequate fire protection, adding that the County i~ taking the right steps by making a study to come up with solutions. t. stated that he feels that it is important to wait on this study before anything is done. Mr. Jon Lowdermilk, representing the Naples Area Board of Realtors, stated that he feels that what Fire Commissioner Johnston is asking for is premature, adding that the report from the study commit- tee should be looked at before anything is done. He stated that as far as the realtors are concerned, they are against impact fees but they are revisiting the situation and they will look~~t it carefully. Commissioner Hasse stated that he would suggest that this recom- mendation be held,in abeyance and have the County Attorney look into the legality of whatls being proposed, and take into consideration the consolidation of the area. ' Commissioner Saunders stated that the study regarding combining the independent districts into a cOUnty-wide system is not addressing the potential funding for new improvements. Mr. Mike Barker, Chairman of the Study Committee, stated that the Page 31 ".<~--..._;,...........,""'-~-,---"'...""."' February 10, 1987 report would be comp~!ted within the next two months, adding that the gathering of informL~ion in total has been completed on the indepen- dent fire districts. In answer to Commissioner Saunders regarding the funding of future capital needs through impact fees, Mr. Barker stated that a complete study cannot be given without looking at the weaknesses that there are now and the possible funding solutions. He stated that they were not asked to study impact fees but there have been things that had to be looked at because of the overall position of the fire departments, adding that the report will have suggestions as to what should be done if the Co~, ~sion decides to consolidate or if they decide to remain independent. He stated that they have held 17 or 18 meetings and have been meeting since last July as well as going to the ~iTe districts and gathering information ,and checking the stations and equipment. He stated that a deadline was not given as they felt if they were going to do it, they were going to do it right. He stated that he is not going to come back with a recommendation, adding that he is going to tell the Commission what was found with the current system an~ also give alternatives and then it will be up to the Commission and the people of Collier County to decide. Commissioner Saunders stated that it is clear that the committee may be looking into some financing issues, but the question of impact fees is not being specifically addressed and therefore, it may be reasonable to wait until after the committee's report to look into impact fees. \'¡ \," "I ~.; ~, . ¡ :" Page '32 ~-. .,. ;aDaK 10I~fI!'403 ,,,....~_",,.~.,...^"".."~."..___'__.._,"".".,,...,'_.,,''''.c"" ~. 1./ I" ..;t,- "';,'; - ,.~~ '. . '1· tN' ;¡:i:¡ í~:¡ ,(~.,+ d;'}, ~-~1 (JI¡';\"} ... 101r.i4m ,\ I , ¡ I,. ; ". ~ " February lO, 1987 Mr. Barker stated that impact fees has to be a part of the study, adding that if an alternative is given for one major district or one consol:dated district, there would also have to be suggestions given as to how to pay for it. County Manager Lusk stated that the Board -set up this committee and add i tional instr'Jctions could be given for addi t!onal work that needs to be done. Commissioner Saunders moved, seCt ',ded by Commissioner Glass and oarried unanimously, that as part of the Consolidation Committee report that i. to be submitted, the Committee look at the iasue of impact fees as a possible way to fund oapital improvements, and that the county Attorney's ottice investigate tho legal ramitications ot impaot tee. for either consolidated or independent tire districts. Item gAl CARNIVAL PERMIT 87-1 RE PETITION C-S7-1C, SWAMP BUGGY, INC., REQUESTING PERMI~ TO CONDUCT CARNIVAL AT FLORIDA SPORTS PARK, ON EAST SIDE OF CR-951 FROM 2/17/87-2/22/87 - APPROVED AND SURETY BOND WAIVED Planning/Zoning Director McKim stated that this is a request for a carnival at Florida Sports Park on the east side of CR-951, ~dding that Swamp Buggy, Inc., is requesting the Board to issue a permit to conduct a carnival on February 17, 1987, through February 22, 1987, and a waiver of the surety bond is being requested since the carnival is being held on their own property. She stated that the recommen- dation is that the carnival permit be approved and consider the request for waiver of the surety bond. , , Page 33 : ,\ ~ ,. ..>."'."",,..,',..>....,..~..,,..~.. .....,.."'.~......".,.._..""''"__'''_,..."'.._...;""'''''''"._.....,'''''__""'"0"'>" ,. ..,~,.;.'.,'-"','~-;.,.""""".,"'....__---,,..~;.,.,^ ----.' ..... '- - .. February 10, 1987 In answer to Commissioner Saunders, Ms. McKim stated that in the past the policy of thE Board has not been to waive the surety bond, but under certain circuMstances it has been waived. County Attorney Cuyler st~ted that the surety bond is guaranteed toward the cleanup of the property and Swamp Buggy, Inc., who is putting the carnival on, owns the property in this case. He stated that he does not have a problem with waiving the surety bond in this case. County Manager Lusk stated that this is new property that has been developed and during the last event they had, his office received more complaints from an event than he has ever had before because of traf- fico Chief Deputy Barnett, Sheriff's Department, stated that the traf- ."'" fie was backed up from Rattlesnake Hammock to S.R. 84. He stated that police officers were out there direc:tin9 traffic, but there was no place to put the traffic. He noted that two other parking lots have been opened which will help alleviate the. problem, and there will be people on-site directing the vehicles to the proper parking spaces. He stated that the traffic should not be like it was the last time that they had an event. He noted that there has also been another access opened to the grounds which should help in the circulation of the traffic. Commissioner Saunders moved, seconded by Commission.r Goodnight and carried unanimously, that Carnival Permit 87-1 re Petition 1\111( 101~9.: 405 Page 34 , ' ~':::t~ ,~ { ! fl' , .~ ' 1 . '. b .'to ... .".~~"""...,..,;;~.,~"""",,,,,;,,,,,,.,,~..,,..","=_..._,...,,,,.~--"..._-,,,...-,,,,...........", '_~-"'""'''''"''''_'''''';'''''..,,,,--_....,,,,",,,,,,.,,....,.,.,... , ~'{;' , 1 , ,1:, ~'f \ ì: if :~.} ~.p.~ .' "..,. 101 AOB .or'j'(, IODI ,,,<;t ~ ; ,,;,\ (~< ": .. February 10, 1987 C-87-1C, Swamp Buqqy, Ino., r.qu.stinq a permit to conduct a oarnival at Florida Sports Park, on the east siðe of CR-951 from February 17, 1987, to February 22, 1987, be approved and the surety bond waived. - .. ".'M'",.._",~..,"__,;~"o>"';.'^""""_'_"''''''''''''''''''''''' ':;¡"," ~. Page 35 -~. - - ... ........-............... -- .-......... IJ., ..'..'---......,-...... ~---"'--.-.~. ( , am 101 PAGE 4.08 February 10, 1987 *****Rece..: ')JS05 P.M. - Reoonvened: 1:00 P~M. ***** Tape '7 Item UB1 RESOLUTION 87-31 ~W~RDING A CERTIFICATE or PUBLIC CONVENIENCE AND NECESSITY TO APFORD~BLE LIMOUSINE SERVICE, INC. - ADOPTED Public Works Administrator Archibald stated that the firm of Affordable Limousine Service submitted an application to operate a limousine service in Collier County, adding that the Public Vehicle Advisory Committee r~viewed this application and recommended approval. He stated that Staff has reviewed tt;~ application and approved it with conditions and a resolution has been ~repared for consideration, adding that by adopting the Resolution, the firm of Affordable Limousine Service would be awarded a certificate of public convenience and necessity to operate only a limousine service in Collier County. Commissioner Hasse questioned if there is a limit to the number of taxis or limousines that can be awarded such a certificate, to which Public Works Administrator Archibald stated that there is no limit at this time, adding that there is a list of all the companies attached to the execut~ve summary that have been approved to date. He stated .... that a general rule of thumb that is currently being used is that there is a need for one taxi per 1500 capita and Collier County is still below that threshold, but the PVAC is trying to determine a way of confirming when that cap is reached and what the cap should be. Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that Resolution S7-31 awarding a Certificate of Page 36 "'-". -'"-' '·"···"""·'4<""'~"'~~'''''''d'·,'',_-~,~_',.·,.,;",,"".__.~* .' "'"_'_"_~".'''''._" . '". "--~"'~'-''''''-''''_'''''"''"'',"_.."._._-~~.,. "~---.-,<.".,~.""",""""",^,-..,.",,,,,.", - - .. - , /~. 1- " . ., q: ,: <; ., ~ I Pebruary 10, 1987 -, Publio Convenience a,¡.J Necessity to Affordable Limousine service, Inc. b..4opteð. ;.. \" " :"~~""':',,'\, ". , . '. ('..'I : r:r,; .... ; ~ f . ." . f ~ ¡ r; I, [.. ¡., fî.. '!'. i' " ::Jf ,: ' ! ;', 1 ¡¡,,'Ii", ~r r ç' I 'J, '_I."" :q~ '.1 .~ ¡. : 11 r 'I " 'I" ( " _\ ,; ,-; :V:ì 'J;J .. .r", :.1:., (,' ~ i r .;. - lOI"AG~ 409 Page 37 lOot ... ~ rl~ ,'.¡' .flJ ii, . ~ :': j Jr_"j ':. ".'....".,.0,."'·.0...""......__"__.,"'...,,,__,..,.,.__.", ___._ "'_"';"""""'_'_^'"~.,._.,;..,.,~ ~""'''"'''·'''''''_·'''''·''"¡¡'-'''"''_·'''''_''·'~'''''''''A,·.'';.''''.,,,, ~",",·.,.,A~'. ; ~ ¡ J .ome 101,.1~ 412 February 10, 1987 Item 1922 CHANGE ORDERS FOR BUILDINGS "C", liD" AND "w" FROM XRAFT CONSTRUCTION _ :APPROVED Public Works Administrator Archibald stated that this item is a status report on the current contract with Kraft Contruction for both the construction and remodeling of a number of buildings at the Courthouse Complex grounds. He stàted that the current contract includes the remodeling of BUilding which was started in May and completed in September and the original contract was approximately $246,000 with the Change Orders to date amounting to $27,715, which includes conforming to fire code requirements for lighting, the water line and sewer lines that were installed, and framing, drywall and exhaust fan changes to the building itself. He stated that on the portion of the project that is complete, the Change Orders amount to $27,715. Commissioner Glass questioned how come the lighting had to be changed because of fire codes, to which Public Works Administrator Archibald stated that a year ago when the architect~tompleted the plans, they were completed based upon certain assumptions. He noted that during the time that the plans were completed and construction took place, there was changes in the fire code requirements and as a result, those requirements had, to be fulfilled as part of the remo- deling work. He stated that with regards to Building "C" this was new construction and was started in April and completed in December, adding that the original contract amount was approximately $405,000 Page 38 ~--- - - .-. .... ~T .r-=: _ Ii.. _.,w.,,,-__..>-_..,.._..."" _'.'"'"_"~",",".","",_.._.."."...".", -'''-,;''"....."..-,~ -<r ""'",_,..."'...·".o._,_,._~..n\_............__..~_"'_ ''''''~'''~-",,,,,,,,,,,,,-~-~~",~, ,'~" .,','''-","''", February 10, 1987 and the change orders total to date $6,898 which includes drywall, partitions, and entrance changes to the east and west side of the building. He stated that with regards to Building OW", it was completed in January and the original contract amount was $648,000 and th~ change orders to date total $62,213 which is approximately 9\ of the total contract a~ount. He stater that Building "C" is underway at the present time with remodeling and ~c is estimated that completion will be in March of this year and the contract amount of $423,000 approximately, and the Change Orders to date are $28,999. He noted that these are the Change Orders that have been processed to date, adding that there are still some Change Orders pending and some minor items that need to be taken care of. He stated that in addition to advising the status of the four projects, he is aSking for approval of .- Change Order Nos. 1 throguh 46, to date, that are reflected in the Executive Summary dated February 10, 1987, which have a total amount of $125,136.00 but in September the Board had considered certain Change Orders that amounted to $46,408 and, therefore, the new Change Orders are showing approximately $80,000; He noted that there are a few minor change orders outstanding on Building "W" with amount being around $2,500 and the work that is going on in Building "C" will also have change orders. He noted that when all four jobs are completed, he will return with a summary of the completed contract work. In answer to Commissioner Hasse, Public Works Administrator Archibald stated that. with regards to the storage space in Building Page 39 lOOK 101 P.\<;t 413 'tIJ}i , '.. ,~ '.~ '/.(;, '/' iOlnz414 ... February 10, 1987 "W", a spread sheet iH being prepared and almost all the items have been prioritized but they ha~e not 'b~en cash flowed yet, but once the ~. dollaru are found and a schedule is determined, he will be coming back to the Board commissioner Glass moveð, seconded by Commissioner Saunders and carried unanimously, that the above-referenoed Change Orders for Buildings "C", "D", ^nd "w" be appro-')d. Item f9B3 TRANSFER OF FUNDS WITHIN THE SOLID WASTE DEPARTMENT BUDGET FROM RESERVES TO THE RESOURCE RECOVERY ORGANIZATION - APPROVED Public Works Administrator Archibald stated that he has attempted to summarize all the expenditures in the Solid Waste Department for Resource Recovery and he is in the process of undertaking budget amendments, adding that he would like to present the major contract items that are outstanding in the current year, what has been paid in the previous year, and items that have been recently approved. He stated that there are four items of expenditures; one is water use .... permitting, adding that by an agreement between Collier County and Westinghouse, the Westinghouse Developers have authorized the firm of Missimer and Associates the task of undertaking some soil investiga- tions to include borings and analysis for the proposed resource reco- very site at the landfill. He'stated that the total amount is approximately $73,000 and currently, they have received invoices in the total amount of $63,908. He noted that this entails a series of soil 'analysis for the site which will provide the foundation infor- ~., . J::.' , ;.' 1" ;) ,t .) i ¡, ., ¡)r;ï I'·. t)· I ~I! ':f !-I.'; 7'( Page 40 ., , ¡ ,'~ ',¡ ¡.~ '; . . i,j ..... .. 'Of _--"'_ .. __'r:_._ ..... ......... u,. ...;O",.,.,......""~.."..""."'".,,,..,'_''"',. ...._-'-,......,''''..~~.''" ,-_.,,,,,,,.. .. _. - ~ ....- - - .. .. February lO, 1987 mation that could be ~sed or was to be used for the plant site and can continue to be used for a future sit~! should resource recovery again be considered at that proposed location. He noted that the next item is an agreement with the consulting firm of R. W. Beck & Associates, who was the firm that came under contract to provide the analysis of the proposed resource recovery operation, adding that the contract amount was approximately $77,000 and currently approximately $65,000 remains outstanding with payments in the amount of $14,274 made in prior years. He stated that there i, an item for a special counsel representing Collier County for negot 1ting the contracts for resource recovery anù it is being estimated that the ne~ds in the current year will be $100,000 and at this point it is simply an estimate and may go up depending on what further negotiations are necessary. He stated that in 1985-8o~ an amount of $230,000 was paid; in 1986-87 approxima- tely $30,000 was paid. He noted that the final item is bond expense with Chemical Bank, adding that there are outstanding payments that may become invoiced to the County i:1 the upcoming year and as a result, he has estimated an amount of $25,000 which he would antici- pate as services related to the processing of the bonds. He reported that approximately $300,000 of expenditures have been identified in the solid waste area which are associated with resource recovery and he is requesting a budget amendment to establish line items in the current Solid Waste Department for these resource recovery items so that the outstanding invoices and bills can be paid. aoOK 1011'AG£ 415 Page 41 " ;" ~ .~ 1 ... -.",,,",",,,",~-,,,..-,,,,,..,,,,,~-,,,,,,,,--- '''--~-''__~.''''''''_''''''''''''''''''_'''''''''''''''_''"'''_'-'''~~;''''''''"'' -- ~,-t-, 'I' JODIC 101 ''''j! 416 .. February 10, 1987 County Attorney Cuyler stated that before anything gets paid out of the resource recovery account, he wants to be sure that the County Manager's office and his office sign off on the items. Mr. John Keschl staled that what disturbs him is the anticipated expenses related to the solid waste recovery project, questioning what are the expenses goiJ"lg to be if the 1 'oject terminðtes ðfter the expiration date? Mr. Archibald said Lõat Attachment Hl which is part of the Executive Summary dated February 10, 1987, identifies the invoices and there is also an invoiced amount that may be charged to the County during this year. Mr. Keschl questioned the amount of the attorney's fees, to which Mr. Archibald stated that he is anticipating invoices in the amount of $75,000 and to date, approximately $12,500 has been invoiced. He stated that depending on what occurs in the immediate future, he anti- cipates needing their services and the value of those services being up to approximately $80,000, which would be subject ~o the work that is necessary to be performed as well as approval of the various departments. He stated that money is being set aside in case it is necessary to fulfill the requirements that have been anticipated. Mr. Keschl questioned to w~at extent the taxpayers will be taxed if this project does not go forward? Mr. Archibald stated that the Solid Waste Department is on a system where it hðs to generate the revenues to operðte and money has to be set aside for different future expenditures as well as having a reserve. He noted that the majority Page 42 ",'."--""'._..,.._,.....,"',,,..,.. ,.,,- '"..,.""".;,""";~'~..""-_...+'''--~"---.,''''"-_..._~,---" ,.~._,._;,_.....""'--""'-,.."".....,"''''';,.,'''"....,.."~,~.._,.'''.....~.,.,''''''.'~.'', .. .. .. February 10, 1987 of those funds come from fees, tipping fees or fees that are charged at each and every transfer site. He noted that the reserve funds that are set aside for future expenditures have to be set aside for the anticipated expenditures. He noted that as a result of relying on the reserves he does not fores~e going to the tax or ad valorem revenues to subsidize any of this. Mr. Keschl questioned if Westing~ouse employed Missimer & Associates to do the study, to which: :. Archibald stated that with the County'e approval, this firm was chosen. Mr. Keschl questioned where the taxpayers ~et the money back from if this project does not go forward, to which Mr. Olliff stated that the contract with Missimer & Associates is part of what the Board directed Staff..t.o do in negotiating a change to the ex.isting contract. He stated that ther~ are clauses in this contract that outlines responsibility for payment for such work as engineering and bond related fees and those clauses will take effect if the agreement does not go through. He stated that this is an on-going contract nego- tiation, adding that when they come back to the Board he will have answers to this. Mr. Krasowski stated that the user fees are coming from the general public, adding that everyone that uses the landfill pays into a collection service and this is where the enterprise account gets its money. He stated that there is $73,000 to be expended on the water use permitting and questioned why these costs are projected if, in aODK IDl P,l.G~ 417 Page 43 "'-'-""'~"',-~"",,""""""'" " .,,-,,~,._."';'''''''''-'''-~''. -~-····""··""··~~'"·___'__""__""'___""d."<__ "',.'''''"''''.;,.;;''''''",'_.,;-,-"...;_...,''''-'''..,..""''''''''."......",.,,..~_.-..""."..-., ,IIDK 101""'l418 February 10, 1987 He stated that there is also fact, the project do~s not go forward? $130,000 projected for Gunster Yokley, adding that a lot of the public's money has been spent in an inefficient way. He stated that if there is anyway to terminate the activities with Missimer & Associates and Gunster Yokley, that it should be done. Tape f8 Commissioner Glass stated that $63,908 of that amount has already been expended, adding that at this point, there is only $10,092 that has not been spent. Mr. Krasowski stated that since this $10,000 is directly from the public's pocket through this enterprise account, it should be stopped. commissioner Pistor moved, seconded by Commissioner Saunders and carried unanimously, that transfer ~f funds within the solid Waste Department Budget from Reserves to the Resource Recovery Organization .> . be approved. Item I9C1 INTERIM CONCESSION AGREEMENT WITH TUB ASSOCIATION OF UNIT OWNERS OF THB REGISTRY HOTEL AT PBLICAN BAY, INC. FOR CLAM PASS PARK - APPROVED SUBJECT TO STIPULATIONS Public Services Administrator O'Donnell stated that this is an interim concession agreement betweèn the Assoocviation of Unit Owners (AUO) and the County to run a concèssion facility at Clam Pass Park. He stated that since the Registry Hotel was opened and granted use of the boardwalk on December 6, 1986, they requested the ability to rent various items and to sell food items·to their hotel guests as well as / I Page 44 .~~ - - .. "__·'~·~'n....". .".......<"-,~..,.-""'"~-,,-,~, ,,-,-"^~. ."",-,.. ^'·'·-~·-·"""""__""""'.6'."·_,·_, '_'"'."~'#.""""''-~__,"".""~"._.",,,.".<.'"'__ February 10, 1987 the general public, while the County is putting together a permanent long-term concession agreement. He reported that this is an interim agreement that has been worked on by the County Attorney's office, his office, and the Registry Hotel. He stated that as late as this morning, there were a few minor changes made to the agreement, adding that under Section Sa, the County is willing to drop the proviso of the specific items th3t were requireð ~o be sold by the con- cessionaire. He stated that the Registry will submit a list of par- ticular items that they wish to sell.and the prices involved and the County will have the ability to strike those particular items that are unsuitable or unreasonable. He n~ted that a proviso will be inserted that the County will receive monthly sales tax receipts that are sent to the State by the Registry and the sub-concessionaire which was pur- .- suant to a request made by the Clerk's office. He stated that under Section 12, the pe~centage is being changed from 25% to 15% for the food items, adding that the Registry will sell the food items but they wish to sub out the rental equipment to a subcontractor of which the County will receive 50% of the Registry's 10% of the sales during this interim period. He noted that under Section 7g under the Parking Lot, should such a parking lot be imposed during this interim agreement and the Registry helps the County in the collection process of it, the Registry will re-coup their operating cost only and the County will keep whatever monies are remaining. He stated that these are the changes that were mad~ and it has been reviewed by the Risk Manager lOOK lClp"t;t419 Page 45 ~1l~ J' '. : :' ..' ¡ .,.. ;~!~LJ .... 11111 101 rl2: 420 .. February 10, 1987 regarding the insurance indemnification clause and it would be retroactive to January 1, 1987. He stated that the agreement will cease on April 1, 1987, when a full-fledged concession agreement will be ava ilable. In answer to Co~issioner Hasse, Mr. O'Donnell stated that they started using this area for a conces, 'ion about '3 weeks ago, adding that he sent them a letter indicating ~hat they did not have County ap~roval and they should cease such operations. He stated that the County Attorney's office conveyed the same message to them. He indi- cated that they have agreed to open the books to the County and the County reserves the right of inspection. Commissioner Hasse q~estioned if all the restrooms are fully func- tional, to which Mr. O'Donnell stated that there are two port-a- potty's that have been placed on thd beachside in the past week and there is an additional restroom that is avilable for the construction workers in the immediate area. He indicated that there is no water .. ' available as of this date. Assistant County Attorney Weigel stated that the draft interim concession agreement provides that the AUO is the temporary interim concessionaire and is responsible for all Federal and State occupa- tional licenses and health permits that are necessary, adding that they have to comply with the requirements of local and state laws. He stated that the port-a-johns are placed out there pursuant to the Fourth Amendment to the Beach Access Facilities Agreement. He stated ',i ¡ f' \ ¡: r . ~ Page 46 ¡.' ,./, -----:r-__=___ _._ - ..... .. ...,,......................... ti _"''''W·'''''''h"''''~._'''_·.'_~~~~'''''___''''''·'__'''"'''"'__'~_··'""-, "_",_"_"",~,_¡_,,,,,","~","'_f.'___,",",,·'··"'·""·<·" "~ - - - February lO, 1987 thet the Registry Hot~l interests ere in the process of clearing, pre- pering end ins telling a septic tank system with a feeder, which is temporary, and for the interim period only and at the time of installetion of water end sewer utility hookups, the septic tank will be disc~nnected from regular use. He stated that the Registry was obligated when there was no portable toilets to provide them, and they did provide use of their restroom facilities near their pool area. He stated that they do hcve a requirement under the Fourth Amendment to the Beach Access Facilities Agreement to provide potable water, like perfection water, edding that this hes Jeen addressed repeatedly to them. He noted that they also have an obligation ,to provide some kind of washing facilities so that users of the beach area can wash up before and after eating. He stated that when he became aware that . ... there was a subcontractor concessionaire on the property, 8 discussion was held with the Registry people that indicated that this wes something that must require Board approval. He indicated that with regards to the paragraph concerning parking lot admission fee, this is a contingent paragraph written in since the County is discussing admission fees or parking fees to the County parks, and if this should go into effect, the concessionaire would be responsible for collection and the Registry Hotel would want to be reimbursed for the cost of the manpower to do that function. Mr. O'Donnell stated that the Parks & Recreation staff has currently barricaded the County parking lot at Clam Pass because it is Page 47 aoDK 101 mtl21 ~",,,,,,,;,,,,;,,,,,;"-,,,-~,-,,~,-,-,,,,,,--,,,,,-;-,,,"",;-,,.=. "" .""........ .- .... --.......-- "~,,.', . .,'"~",.,,,,_,",,..~_____,,o;,."... lOll 101 PA(;t 422 February lO, 1987 in an unsuitable condition and they are trying to discourage people from parking there. In answer to Commissioner Hasse, Mr. O'Donnell stated that currently the Registry is running two trams, adding that they are taking hotel guests and the general public to the area. He stated that eventually, through the Concessinn Agreement, the County is looking at having the Concessionaire l' . the tram system. Commissi~ner Glass stated that he has been receiving a lot of complaints from people indicating that they have been told that they cannot sit in certain spaces because it is rental space and questioned what is being done, to which Mr. O'Donnell stated that the Registry has been advised that this is a public beach area. He stated that if anyone from the general public wishes to bring their own lawn chairs, they are entitled to do so. Commissioner Saunders stated that it was indicated that the .. . Registry is entering into a contract with someone else which is basi- cally sub-letting the County's concession agreement in order to rent boats and the County will receive 5% of the gross from that which is half of the Registry's 10%, adding that this may not be a problem but he would like some comment on it. Mr. O'Donnell stated that this was an issue that he was not comfortable with, but it was felt that it was a compromise on an interim agreement. He noted that neither the Registry or the County is looking at the concession agreement to be a money maker at this point. Page 48 ' ..;./, - - .. ~-""'''-,....."''"._----"._..., <-,.....<~"..,."-'þR_.."-,,....'""..._.._""'.....''" - - - February 10, 1987 Commiesioner Saur.,}ers queetioned whet percentage ie being received from Tigertail? Mr. O'Donnell stated that the concession agreement at Tigertail calls for ll~ of the grose revenues. Commission Saundere stated that he does not see the logic of the County getting less than ll% of the gross revenues. Attorney Lucille Espey Franklin stated that she is representing Seagate Property Owners' Association and referred to Paragreph Sb indicating that her clients are surprised to see the boating issue come back again after it had been fo~,'~ against in past years. She noted that their first legal objection to the concession agreement is that it violetes the Pelican Bay PUD as it prohib~ts commercial boat launch. She stated that now that the construction has settled down, the eegles are starting to come back to the area. She noted that all . ... these boat rentals will expand and the area that has been attempted to be preserved is going to be demaged. She stated that the vagueness of Paragraph Sb leaves the County open to all that has been fought for over the past yeerd, edding that ehe is requeeting thet this peregreph be deleted from the concession agreement and in the event that this not be possible, at least the Seagate Property Owners' Association should be allowed to have some input into what is going on as this is the first draft that anyone has seen of this agreement. She stated that there will be low control of the boating and they are requesting thet any boet concee~ion be prohibited as they stand ready to litigate this matter because ,this is a crucial point and if there is not an Page 49 aDaK 101 P.1':.t "423 .,-"..,-"_.....'''..~~;.',.,.";--_._,;_.._"''-,,,... ..-_---'-'" ".~"''''_,.,,';_"''''''_"._~'''~'._,"''''^"...'"_._., . ._......"..,,,.._.."".;_"'''__.''.,.,'.. ~"'_,.~..,'"..""",.;,, "4<.".".~,."..,_".___,.,._~_,_.M"""""'" .. .. .. February 10, 1987 recreation and water equipment would be, and it also states for users at or near the beach site, and it is purely gulfs ide rental and use of water equipment such as hobycat, saj~boat, windsurfers, etc. He indicated that no motorized craft are contemplated or addressed in the agreement, adding that in the Pelican Bay PUD, the commercial boats that are contemplated would be fishing boats and things of this nature upon which a business is proposed as opposed to pure recreational boating. He stated that the waters leading into the bay are tidal waters and are navigational. Id, therefore, they are used by any~ne that wishes to use them. In answer to Commissioner Hasse, Mr. O'Donnell stated that this language is a duplication of the concession agreement that is in existence at Tigertail. . .' Mrs. Franklin presented an ad from an air magazine from a piedmont line coming into Naples that indicates the Registry is where whims become a reality, adding that this is the kind of thing that they are trying to stop with their protest. Tape '9 Mrs. Charlotte Westman, representing the League of Women Voters, stated that the Fourth Amendment is referred to in many sections of the interim concession agreement and questioned where the Fourth Amendment is as it was not filed in the Clerk's Office after the November 25, 1986, meeting when it was agreed upon and to date, it still has not been filed with the Clerk's Office? Page 51 ;;; lOln~'425 'ì ~L¡· i U i :, ~ ¡ t\,../ ~""',";--""""";--".-""..-----"",-,- " ."..,-"...."._=,-,.,..""........,"',,,.,....,.",-".~...,'" , aoOK 101,AGt 426 February 10, 1987 Assistant County Attorney Weigel stated that the Fourth Amendment is in the custody of ~r. Aaron and has not been filed. Mr. Aaron, representing AUO, stated that the Fourth Amendment has nothing to do with this interim concession agreement, but it hðs been executed by all parti::!s ðnd it is simply a matter of mailing it. Mrs. Westman stðted that the fir£" part of the interim concession agreement refers to the fourth ðmendm~..t. She stated thðt she also hac ð question regarding the hours of this operation, ðS the interim concession agreement states that the AUO agrees to have the concession stand open not later than 9:00 A.M. and to close no earlier than 6:00 P.M. seven days a week unless otherwise agreed with the County. She stated that it also indicates that the AUO agrees to open ðnd close the park from dawn to dusk unless specifically authorized in writing by the County to do otherwise. She stated thðt she remembers that there was discussion as to whether the AUO could use the facility for a beach party' for hotel guests after hours and questioned if this is why this language is in the agreement? Mr. Weigel replied negatively, adding that it must be recognized that the AUO is ð party to the Beach Access Facilities Agreement and all the amendments thereto. He stated that in this particular agreement, it is in fact, occupying a dif- ferent position and is becoming the concessionðire at the beachside facility. He stated that the rules or conditions in terms that are stated in this draft agreement are for AUO as concessionaire and therefore, when it closes at 6:00 P.M. it is doing so as a con- Page 52 ¡.. ../. - - - ~... ~ .. .. February 10, 1987 cessionaire and if the hotel, independently of being concessionaire wishes to use the facilit~es for some night-time activity, the provi- sions t~at exist in the 1983 access facilities agreement and the amendments thereto, would have to be complied with. Mr. George Keller, representing the Collier County Civic Federation, stated that he is disturbed to see that there has to be an interim agreement with these people, adding that the restaurant faci- lities are not completed and he doub~< lf they will be completed prior to April. He stated that the only thing that is'out there is umbrellas and so forth and he does not feel thåt ~n agreement should be entered into because they will go ahead and get all the necessary permits and then it is going to be difficult to say that they cannot . .' be the concessionaire on a permanent basis. He noted 'that it appears that the beach is b~ing given away again and the County spent a lot of money to make it a public beach and, therefore, it should be kept a public beach. Mr. Richard Aaron, representing AUO, ,stated that there are no violations, adding that Mr. Nickodimus and Mr. O'Donnell spoke about what can be done at Clam Pass Park. He noted that unfortunately, there was a miscommunication as to what the formality was. He stated that the facility was open on a temporary basis and was providing access to the public as well as the guests. He noted that parking was being provided as the County has not completed its parking area and in addition, to getting the temporary access going, they started renting Page 53 !DOi( lOlf~j{427 ..'".........~._""_..".._,~;'"'...,......."_._,,~;,,,..,,~;'"","';.~..,"',""....-=,,,,,,,...., ,...", ~ ~IIOt lOlÐ~428 .,' February 10, 1987 umbrellas and lawn chairs. He state~ that this is something that they would like to offer tv their guests and the public as it is not a big money-making venture. He stated that there are a lot of issues that have to be addressed on a permanent basis and, he knows that this is only on an interim basis, but this is simply to confirm in some kind of formal arrangement what was being discussed informally and acted upon prematurely. He stated that the economics are not that great and they do not know what they are going ~o be doing as far as food ser- vice, ßdding that they are putting in a septic tank at this time. He noted that on the interim basis, there may be some type of a hot dog cart. Commissioner Saunders questioned if the subcontract for the boating concession has been executed, to which Mr. Aaron replied affirmatively, adding that most hotels sub out this type of thing. He noted that the agreement is subject to termination at anytime that the County says that ~he Registry is no longer the concessionaire. Commissioner Saunders stated that he has concern as to who is in control of the County park, adding that he does not have a problem approving this agreement with the understanding that on April 1, 1987, the agreement expires and that any sub-agreements also expire on that date. He stated that the subcontractors are usually approved prior to them operating at the site. He stated that he would also recommend approval with the understanding that the County is going out for pro- posals for a concessionaire for all the facilities and the fact that Pðge S4 ¡., ' '/, - - - '~"""'~""'''''~''~"''''._''~''''''"''~='''--'---'' - - - February 10, 1987 AUO is already there ~i11 have no bea~ing on whether they get the award or not. He stated that he has concern with the 5\ from the boat rentals when the County is receiving 11\ from Tigertail, adding that there should be consistency. Mr. Aaron stated that he has no problems with the conditions that Commissioner Saunders has outlined, adding that the dollar amounts are not the important point, it is what kind of facilities are available and whether they ore run properly anò safe. county Manager Lusk stated that ~, ~s beach is for the public and the boots and facilities are going to be for t~e public's use, adding that the public has the right to use this beach. 'He stated that he feels that the percentage should be 10\ and if the hotel loses, that is their problem, but it should be consistent with Tigertail. ...._ .. f commissioner Saunders moved, seconded by Commissioner pistor and carried unanimously, that the interim concession agreement with AVO be approved subjeot to its termination on April 1, 19871 providinq for a 10% revenue from the qross receipt. on the boat rentals 1 and with the previou.ly-aentioned chanq.. as indicated by staff. ¡, : '- " . ' I -'1 r :' ~;-J ~ ì. ~.) ,', , ~. , , ,.'.' 1 1"'; -...·in I' '.r,v' , J 'j ~f'1 i1;4'(). I í ~ ! , , ,f '; .' ;,;:. ! ~~ ( . . ,¡:H ·.....J"_;rr..:\, .:;¡¡s.¡:p ~ ,,¡ aDOK 101 PÅ~ 42.9 Page 55 ... ~ i ,r " , ~ \ , . . i'· .'. " ¡._<~. Î ~;' : : ,...; ..J iJ ..1~ ~ " , !' ':;4.1' ;: OJ, (~ (: r . " t~~ To-r.' . ,1 ¡ i \ ..¡ .j, 4 ~L 'U 1.... ,,,,,~-,.,~,~,,,;,,,,,,,,,,,,,~,,,",,,-,,",,,,,,,,,,,--,-~,,,.--;,,,,,,,,'"'-'" .. - - . . '" /.,. '! February 10, 198~.\ Itea UC2 PROPOSED S~L~RY ADJUSTMENTS, RECLASSIFICATIONS, AND BENEFIT STRUCTURES FOR EMS DEPARTMENTAL PERSONNE~ - APPROVED Public Services Administrator O'Donnell stated that this is to seek approval to recognize available funds that have been appropriated in the EMS department for salary adjustments, reclassifications, difference in the computation of ove-time and recruitment incentives for County employees but particularl~ :or EMS personnel. He stated that the Personnel Department has completed numerous job classifica- tions and audit surveys throughout the Florida EMS community and to date, they have been unsuccessful in their attempt to recruit new paramedics in Collier County. He stated that in li9h~ of that, it was felt that the recommended reclassifications would enable the County to be more competitive in the marketplace. He stated that the clerical positions were reclassified at the recommendation of the Personnel Department to better conform with similar positions that are already in the County doing similar related work. He stated that two Clerk II positions will be reclassified to Clerk III and there will be a Clerk III position being reclassified as a Bookkeeper I and Paramedics would be upgraded from a P-8 to a P-9 pay grade and EMS field instructors would be upgraded from a P-10 to a P-ll pay grade. He stated that there are currently four openings in the Paramedic rank and one opening in the training officer rank. He stated that in addition to the pay adjustments, he is requesting that a four percent pay adjust~ , ment be made to the Paramedic staff and field instructors and he is -.. 101 'Ar,~ 435 Page 56 ðØOR: ,,_.«'. .·"._''''''-'..._n<_.''''.___''"'_........,'__,.....~_·e__..·''·'''"'',·..."··.·._~,.., "._-" . . ,.,-"_.,....;" -"""""¥''''"'~.,...,-.~.~"'~,...;""..",-->'...,.._.' --- ... 'II~ 101þst'43f) February 10, 1987 also requesting that a $1,000 reimbursement/relocation expense be authorized for Paramedics and be applicable to other professional County positions in the recruitment of those positions. He stated that the appropriate positions would be authorized by the County Manager and the reimc~rsement system would be that a County employee should be retained by the County for ' minimum of two years and receive a satisfactory job evaluation Juring that time if he is to be reimbursed up to $1,000 in relocation expenses. He noted that the total cost for the reclassifications would be $4,500 with a 4\ adjust- ment for the Paramedics which would be $36,610 inclusive of the pay adjustments. He stated that he would anticipate that the computation of considering vacation tine as productive time for overtime purposes would cost the County approximately $8,000 of which 50\ would be directly applicable to EMS and with the $1,000 reimbursement method, the monies could be recouped if necessary by way of accumulated vaca- tion time or sick time or through their ðctual pay wh~n they give their notice that they are leaving. He stated that he is requesting that the County A~torney's office prepare an agreement to this effect and also is requesting that the Board give their conceptual approval for the relocation expenses, the reclassifications of the EMS person- nel and direct the Personnel Department to amend the current County rules and regulations by way of a resolution for the computation of overtime. Commissioner Pistor stated that he is a little concerned about the , , p,age 57 .. - - (l~ -- .. - - , ~-.p. l' February 10, 1987 limitations on the reimbursements, aùding that if an employee decides to leave, he or she may not have enough time accumulated or may not give any notice and the County may not be able to get their relocation expensed back. Public Services Administrator O'Donnell stated that there may be times when the full $l,O~~.cannot be recouped, but many times the relocation expenses are considered a cost of doing business. Cierk Giles questioned if this w. 1l extend beyond the EMS opera- tions? Mr. O'Donnell stated that thi~ is the intent, adding that it would be at the discretion of the County Manager. County Manager Lusk stated that there is another policy in effect a~ this time for a lot of the professional positions. Clerk Giles questioned if the policy is only being asked for EMS . .. on the relocation expenses and Mr. Lusk replied affirmatively. Commissioner Saunders moved, seconded by commissioner Goodniqht and carried unanimously, that approval be qranted for the staft propo- sals for the reclassifications of EMS personnel, that conceptual approval for the payment of relocation reimbursements up to $1,000 for authorized personnel positions be approved, and that the Personnel Department be directed to amend current county personnel rules via a resolution as they apply to the computation of overtime when vacation is used and for relocation reimbursement. Item flOB ADDED SERVICB AGREEMENT WITH SHAWMUT WESTINGHOUSE REGARDING RESOURCE RECOVERY TO BE PUT ON FEBRUARY 17, 1987, AGENDA County Attorney Cuyler stated that February 9, 1987, was the deadline for the return of the documents to extend the negotiations Page 58 ~ ~aD« lOIn';!437 ... <"""">"'""'-""",,",-,~-;--~-,......., - " 1{4¡, J t;t.. t":' f :~:¡' ~~'" .> 1t~· { ~: : i ¡ , ." ..,,, "\ . \: NQI"101WA:'440 ... It.. ·U2C February 10, 1987 \~,',:"':":<\ ., SHARON ltURGIS AND DR. JAMES S!rYDER APPOINTED TO THE ENVIRONMENTAL ADVISORY COUNCIL Administrative Assistant Israelson stated that there is a vacancy on the EAC and also the term of Mr. Raymond Link has expired, adding that Staff is recommending that Mr. Link be reappointed and that Dr. Snyder be appointed. She stated thet the policy for members not serving more than two consecutive tel'S can be waived by a vote of the Board if th~y desire to reappoint Mr. Link. Commissioner Pistor stated that a lot of time and effort was spent in preparing the policies for these advisory boards and they should be adh~'red to. Commissioner Goodnight'stated that they should be consistent in appointing people ~nd not go against the policy that has been adopted recently, adding that there are a lot of good resumes that were sub- mitted for these vacdncies. Mrs. Charlotte ,Westman, representing the League 2t Women Votors, stated that the League was very interested in the new ordinance regarding advisory boards and they worked for quite some time in helping to prepare t~is ordinance and it should be followed. She stated that Mr. Link was appointed to the EAC in 1976 and it is time for someone else to serve. She noted that if there were not other candidates interested in serving, she could understand reappointing Mr. Link, but there have been numerous resumes received from other people. She stated that by appointing new people, new ideas come Page 60 .,." . '.' - I > 1 I ~ , j ; , . ':' ~ ~ , . ':;' };fj ',','r" ,. .. - - ~ ~ ~ '/-r-. 'I' February lO, 1987 forth. She indicated that the League's position is that the BCC stick to the ordinance that was adopted regarding advisory board policies and not to waive the requirement with regard to a reappointment. She stated that they are requestin~ that a different person be given con- sideration for this position. commissioner pi.tor moved, secon'; 'd by Commissioner Goodniqht, that Mr. Gary Beardsley and Ms. Sharon xurqis be appointed to the EAC. Upon call for the motion, it failed 2/3 (Commissioners Glass, saunders, and Ha.se opposed). Commissioner Gla.s moved, .eoonded by commissioner pistor and carried unanimously, that Ms. Sharon xurgis be appointed to the EAC. Commissioner Saunders moved, seconded by Commissioner Glass and carried 4/1, (Commissioner pis tor opposed), that Dr. James Snyder be ." appointed to the DAC. Item '12D $500 CONTRIBUTION APPROVED 70R THE NAPLES INFORMED PARENTS Administrative Assistant Israelson stated that she has received a request for $500, from the Naples Informed Parents, to send four stu- dents to the tenth annual Pride Conference in Atlanta. Mrs. Mary Peterson, President of Naples Informed Parents, stated that this organization has been dealing with parents for 8 years, adding that they have reached the conclusion that it is time to deal with children. She noted that they are trying to send some high school children to the conference in Atlanta, indicating that this " ,r ~ , " '" Page 61 ..- lOln~411 IDOC ·t.~i~.::" 'tf, , ~;., Jt ,,¡< alii 101,~442 ¡it.···'..',' , ')If:, 1, ... ¡. j¡ , \' ',~; , .', I ~" February 10, 1987 conference is a group of youths and adults that deal with how to get positive things going for young people to prevent drug abuse. She , stated that they are going to be sending twelve students, four from each school, but help is needed. Commissioner Goodnight stated that the Board has taken a strong stand on the drug problem that exists in Collier County and during the budget hearings, money was allocated to be spent for things that the Board felt was a good cause and shé ~ '~ld recommend that $500 be contributed to this organization. Commissioner GoOdnight moved, seconded by Commissioner Glass and carried unanimously, that a $500 contribution be approved for the Naples Informed Parents. County Attorney Cuyler stated that he does not have any problem with the expenditure as the Board has determined that it is for a public purpos~,' bU~,there has been a problem with reJ~rds to how these e~'p'e~ditures ~re nandled. ¡, '¡'!.'.", ,;' ,":,. .".,..' , IJ. ,,/ ' Clerk Giles stated that it would be paid directly o~.reimbursed with a receipt up'to ,the $500. i ' f' :' ~.; Mrs. Peterson stàted that she ~ill furnish the receiptsfo~ two plane tickets as this is exactly what it will cost and'at that point, . , ., they can be reimbursed. ..... Recess: 2:50 P.M. - ReoOnvened: 3:00 P.K...... ~ommissioner Hasse was absent for the remainder of the meeting. Itell UlJ1 CONTRACT FOR CONSTRUCTION OF 6 MGD EXPANSION PROJECT FOR THE COUNTY REGIONAL WATER TREATMENT PLANT - AWARDED TO HARRY PEPPER , ASSOCIATES, INC. IN THE AMOUNT OF $4,718,735. Page 62 , (; .. - - "'_--'_.._"""",,,,"..,;~-., '~_.--',.,-,.'''~".~'"..~_.'''"...'',.~-"----~-'...,-,,. """'...._,""'*""-,"'_._"',.....~""',-,..,._""',..._..._-'""...','; --"-"-'"'"''~''"'''''""'~''' ~- ~ ..._-- .. .. .. '/-{I., 'I' February 10, 1987 Mr. John Madajewski, Utilities Engineering Director, stated that this item is the award of a contract for the 6 million gallon a day expansion to the ~ounty's regional water treatment plant on C.R. 951, adding that bids \lere received. for this project on January l4, 1987. He noted that notification was sent to 40 firms throughout the Country and bids were receiv~d from 3 firms. He stated that the bids came in slightly under the en9i~eersf estimates and after reviewing and eva- luation, he is requesting that the c,~tract be awarded to Harry Pepper & Associates, Inc. from Jacksonville, ,n the amount of $4,718,735. County Manager Lusk stated that this is the number one priority project for the utiJity system. Mr. Madajewski stated that it is a three phase approach that is being taken; the expansion of the plant, the expansion of the . .. wellfield; and the transmission main to North Naples. He stated that the other two projects are still und~r design at this time. He stated that there is a copy of the contract in the agenda packet that will be entered into between the County and Harry Pepper. He noted that the work is broken into two critical time frames, adding that the major one is for the ability to provide additional water from that plant and to have the degasifier, new reactors and the filter units on line within 310 days. He stated that if they hold firm to their contract, it should be on line by February, 1988. Commissioner Saunders questioned if the request for bids were pre- pared under the direction of the consulting engineers in terms of spe- , ~"> , ¡;.~ "; ;,. " ... Page 63 õ~O( 10I~~-!443 ,.....~.........._~..~---,..._.._.... ...._.._._.._-"""'...~''''.."-"..,,'''',,. 0_0"...._."....____ :f; ',,:1\ .··b~~ ..::W H~ ~_!'~'( ~...."" .,. ~ .~ ''to ; ~ 1··..·1:'····:::· ~·il{' h..ni"'c :,fi:'~' :'!O~. ¡¡<:'I>, ¡iI~" .~..~, ~f.....:' ~Î '!'I!Í,' i1~( :¡','':; .' . t, t 't<' ~r~': J.~ ' 7ir '?!' t fi,' , 'i" ~~,'..-; ~... ",....".,""_...'"'~",~,'.,,,;,...'.......',., ... lOG« 101 n!it 444 ;: ì' ~ \ ; .; February 10, 1987 cifications, to which Mr. Madajewski stated that they were prepared under the contract with PRC/Hole, Montes. Commissioner Saunders questioned if what is in the agenda packet is actually the contract and if it has been reviewed by the County Attorn~yts office? Mr. Madajewski replied that on Page 1, Article II, contract documents, there is a complete iisting of what the contract consists of which is the complete specifications book, the general conditions, the special conditions, materials and construction speci- fications, and the contract drawings. He stated that the actual for- mal agreement has been approved by th~ County Attorney's office and once the Board awards the contract, 7 executed sets of the contract documents are received and then after being approved for legal suf- ficiency, the Chairman executes these documents. commissioner Goodnight moved, seconded by commissioner Pistor and carried 4/0, (Comm~ssion.r Hasse not present at thisJtime), that the contract tor construction ot the , million qallon per day expansion project tor the County Regional Water Treatment Plant be awarded to Harry Pepper' Associates, Inc. in the amount ot $4,718.735. ti)te: Contract rot received it1 o·ffice of Clerk of the Board as of February 23, 1987. j¡'" ,.. "I '.' Ji I \, . . , ' _ '>¡f .~! ¡ ¡ J Page 64 : ,i .. .. .. '_",.""_,,,.,,"C"'.....,,.~.,;,_,,,..,.,"",""',..<....,._"._;~,,...,___""'''"~~''',_'L' .. .. .. February 10, 1987 Item I9D2 RESOLUTION 87-33/CWS-87-3 SCHEDULING A PUBLIC HEARING FOR HARCH 10, 1987, REGARDING THE DAVIS BLVD. WATER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT - ADOPTED Mr. Madajewski stated that this is a special assessment that was requested by the residents, and he is requesting that a public hearing be held on March 10, 1987. He noted that this item was brought before the Board on February 3, 1987, to create this special assessment district And the feasibil' v study has been prepared in house. He noted that the facilities basically consist of approxima- tely 9,800 feet of water main along Davis Blvd., adding that the total estimated cost woulQ be $526,055. He stated that within the district that has been created, there is a total of 19,325.76 front feet that would be assessed which gives a total assessment rate of $27.2204 per front foot, bùt this is not the rate that is being proposed to be assessed to the property owners. He stated that the main that is pro- , posed is a 16 inct diameter line which is in conformance with the recently adopted water master plan and, in staying consistent with the procedures used on the original first phases of the County regional system in the area, he is proposing to assess the residents for the 12 inch distribution capacity of that line that would then relate to a percentage ratio of 56.25% of the total cost. He stated that this would amount to $15.3115 per front foot assessed to the property owners. He stated that the property owners would be paying an esti- mated cost of $295,906.37 for the project and the County would pay the -- :to BDCK -lOT .:~: ~'45 Page 65 9rJC~,} !,) JJ ,{ (!. '-"'._-~"""_.""''''''''''"''''''''_''''''''"'__'''___''''~'_--'_'''~'''~'''"'''''e ....,·-..-..-_.~·"·",'"_".,~'"_"·_·,.,.,,;"'""·_w..'O,,·. '/{:., "" '. tOOK jl()j[PAGto4l'4lf3 .. February 10, 1987 remðinder in the amount of $230,148.54. He stated thðt ðS part of the settlement agreement with East Nðples Water Systems, language WðS con- tained for specific properties listed in the agreement, whereas any , speciðl assessment levied by the County for water and sewer service to the properties would be paid for by the County. He stated that there are two properties in this erea that ere covered ðnd have a total front footðge of 1,988.19 feet and b~sed on the $15.3115 per front foot, the County will pay $30,442.17 - the $295,906.37. He stated that this is ð just distribution of the cost and he is requesting that the Board approve a resolution to hold a public hearing on this matter. Tape '11 Commissioner Pis tor questioned if the l6 inch line will hðve the capacity for all the customers along Davis Blvd. or will another line have to be run in a few years? Mr. Madajewski replied that the line that is being proposed es pðrt of the master plan is shown to be done within the 1987 to 1990 period, adding thðt this will accelerate that line e little bit and the only reason thet this line was not done as part of the original regionðl water system was that there was no deve- lopment along Davis Blvd. to justify the County putting it in. He stated that fifteen to twenty years from now, there is supposed to be ð parðllel 16 inch line. Commissioner pistor moved, seconded by Commissioner Goodnight and carried 4/0, (Commi.sioner Hasse not pre.ent at this time), that joint Resolution 87-33/CWS-87-3 scheduling a public hearing tor March 10, .. . Page 66 I: , , :! ^j\ , .. - - ··'·~""""·"""",,,,~~__.,,.,~....c.....,,,,.___ .....'" ....--..."'..,.....,.........,..,." ....'~""'.."-;.",.""'''-'"";".,,' .. .. .. ,,//" February 10, 1987 1987, reqardinq the Davis Blvd. Water Improvement special Assessment Distriot be Àdopted. . .. " .OOK lOlPAGt447 Page 67 J <. ~ {\ ~ .. 1\ ~:i ìi "" 101.." 452 4\':' I . Item UF1 RESOLUTION 87-34 APPOINTING lS MEMBERS TO THE COLLIER COUNTY PLANNING COMMISSION CITIZENS' ADVISORY COMMITTEE - ADOPTED. ORDINANCE ESTABLISHING SAID COMMITTEE TO BE AMENDED TO INCLUDE 25 MEMBERS. APPOINTMENT OF OTHER 10 MEMBERS BE TO DECIDED ON FEBRUARY 17, 1987 . ¡ n ì "iJ; ~¡ .\: :¡,,' :& ;0 ..,. . ... February 10, 1987 Growth Management Coordinator Fitzpatrick stated that this item is to appoint the 21 members to the Cit:i.'. ~ns' Advisory committee, but based on previous discussion she was directed to come back with the impact of continuation of these appointments and with amendment of the ordinance to enlarqe the number of members to the committee. She stated that there is a workshop scheduled for this evening in order to present the first phase of the Capital Improvement Element and for this reason, she would like to have some of the members appointed in order to have Rome representation f~om the committee. She stated that with regards to amendment of the ordinance, she has no problem with increasing the membership to 25 members. She indicated that the ordi- nance Amendment procedure would have to be handled through the normal procedures or· an emergency could be declared. ", county Attorney cuyler stated that it the Board intends to con- sider this, they could de.ignate any additional individuals and con- firm it at such time as the ordinance is amended through normal process. Mrs. Fitzpatrick stated that she needs representatives from the committee because they are committed to a september completion date of a draft of the capital Improvement Element which is being divided into three phases and the Board needs to act on the first phase which is the " Page 68' f' . . I ~ ¡ , ¡, ~. - - - "·,."..".·,,,o·.~~" '''"''_'''"'''''"''~'.'_»'~~' ,..-.------.--.-. :.....-. . .. .. .. February 10, 1987 preliminary adoption of service standards by the first part of April. Commissioner Goodniqht stated that there has been a lot of con- cerns expressed about this committee and the list that the CCPC has .ubmitted for appointment. She stated that there seems to be some inadequacies on the li.t as there i. one developerl three engineers 1 three environmentali.tsr one representative from Everglades CitYl one representative from Immokalee; one from Agriculture; one tax con- sultant1 one funeral home director 1 ~wo retired peoplel one attorney 1 and one vice-mayor. She stated that : :\ere are concerns that there are too many enqineers and too many environmentaliBtBl and yet there is no repre.entative for the realtors, the contractors, the homeowners asso- ciations, or a citizen-at-large. She stated that there needs to be an uneven number and if there were 25 on the committee, this would mean that the 16 on'~he list could be appointed plus 'å realtor, a contrac- tor, a repre.entati.e from the homeowners associations and a citizen- at-large which would make 20 membera and then each Commissioner would appoint a member of their choice which would make 25 members. She stated that Mary Ellen Hawkins' aide has also applied for memberøhip, which could be a big help, and there is also the teachers and the health and welfare profession, adding that one environmentalist and two engineers could be deleted and a teacher and two lay people could be added to come up with 25 members. Mr. George Xellar, representing the Collier County civic rederation, stated that there is no representation from Golden Gate ," 0; . \. 1 ,~ I, Page 69 aOOK 101 r.r,£ ~53' ... ,.·<__.._""_"',.,.____'~""''''"h·''',¡.''..''.._.,'",.,''~-·..._,,-..,,·~'"' ... 10D¥: 101 m.t 4.54: February 10, 1987 \ t .' '\ ¡ and he would request Joe Grimm; who i. an architeot, be appointed to this committee. commissioner Saunders .tated that he doe. not have any problem with 21 or 25 members, addinq that the procedure needs to be discu.sed a. to how these people will be .elec' .". He stated that maybe it should be deoided first if 2S members are to be on the committee or not. commis.ioner Qoodniqht .tated that this i. somethinq for Collier county and as many organizations as possible should have input into it. commissioner pi.tor stated that he believes that there is too many already. commissioner Class stated that the majority of the Board will aocept the 25 membership committee. commissioner Glass stated that he objeots to the list because atl j. the summaries of the biographical sketches were discounted after the deadline and then there was a ballot vote which consisted of only needing two votes to become a member. Tape '12 After a discussion, it was decided that each Commissioner would write down 20 names to be submitted for membership and those people that ended up with 3 or more votes would be on the committee, and then each Commissioner will pick a membe~ that they would like from their district. While waiting for the votes the Commission continued on : l ~ . r ~;:. ..., p.! j. . ,. ..; , ¡ ;);: ". cPðge 70 hl"'~! nf!p·'¡L.\ 'J.:. 'fij::-F;-":, r' f J:J 1. t:. :.' Z) r. "t" :" . ¡ ~·¡'.tt7;'.;\ ;')' ;¿il'. ¡, .,,/., .. - - '""J - :~t , ' ~:., fir Ri' tm .~ J~;.~ ft'" .~., ."- ':~¡r' ~,; \.\.., "ti;i:~\ j;, i .: , ':! r' \/It ".:,¡, ',',; ')., . " i ,,;~ February 10, 19~7: with the a~enda. .' ~ "~,:":r....:;.:' I, " , Later in the meeting, when the votes had been tallied this item continued with the following people having at least three votes in favor: of appointing them to the Committee: Wafaa F. Assaad Mark A. Benedict Harold L. Hall David K. Johnson Thomas R. Peek Lyle S. Richardson Thomas M., Taylor R. H. Zimmerman Eli Bell J. Dudley Goodlette Marjorie J. Joder David B. Land' ,; Karen Marie ,Peterson Sister Patricia Sieman Stanley P. Whitcomb, Jr. commissioner Saunders moved, secc." led by Commissioner Goodnight and carried 4/0, (Commissioner Hasse not present), that the above- referenced 15 people be appointed to the Collier County Planning Commission citisens' Advisory Committee and the remaining 10 be appointed at the Board's regular meeting on February 17, 1987, and that the ordinance establishing said committee be amended to include 25 members. (Note: There is no Resolution 87-34 for this item - a resolution will be brough back afte~ all members are appointed). Item 'l1D BUDGET AMENDMENTS 87-120/128 - ADOPTED commissioner Goodnight moved, seconded by Commissioner pistor and carried 4/0, (Commissioner Hasse not present), that Budget Amendments 87-120/128 be adopted. Item illS - BUDGET AMENDMENT RESOLUTION 87-020 - ADOPTED commissioner Goodnight moved, seconded by Commissioner pistor and carried 4/0, (Commissioner Hasse not present), that Budget Amendment Resolution 87-020 be adopted. ,'Page 71 &aD~ jL()JlPAr,t~~~ ~(ìO< .. lOl ,; '~~i() ", ) .. .. .. Februðry 10, 1987 Item 12A COUNTY MANAGER DIRECTED TO INVESTIGATE THE FEASIBILITY AND COST OF FOUR COMMISSIONERS BEING RELOCATED AND HAVING AN ADMIN/SEC. FOR EACH AND RETURN TO THE BCC IN TWO WEEKS Commissioner Goodnight stated that many Board members feel comfor- table with the present office arrðngement; however, her proposal is based on two points; the first being Jt County government success is primarily on how the Commission is perceived by the public and for far too long, the public has perceived County government as a troika or ð back room deal-making body and for this reason, she sees no harm in the immediðte planning for the budget of 1987-88 for the moving of the offices. She stated that the fact thðt there would be separate offi- ces and staff assignments would not only make the Commissioners more accessible but" more productive toward their constituents. She stated that the second point is that there are currently three staff persons authorized and the addition of two new secretaries along with fur- niture and phones, while costing more in the short-term, has a long- range benefit that would vastly outweigh the additionðl $30,000 to $50,000 in cost and she would like to see the County Manager be instructed to find suitable housing for four Commissioners and to instruct the Board's administrative ðssistant to prepare the 1987-88 budget to reflect the increases in staff and equipment so that this process can begin as soon as the new fiscal year begins. Commissioner Saunders stated thðt he does not disagree with the problem ðnd staffing help is needed, but he is not sure if five - 101pA~r 457 Page 72 aOOK ! ; I , .. aOOK 101 PAGE 458 ... February 10, 1987 secretaries are needed. He stated that the perception of the public is extremely important in how the Commission is doing their job and part of the problem has been in many years past and this perception . may have continued. ~e noted that from the information he has been getting, he does not feel that the p~:'ic perceives this as much as they have in the past. He stated that being in separate offices on separate floors is not going to end the perception; that is based on how the Commission handles themselves in the meeting. He stated that he has not seen a county anywhere where all five commissioners are spread out on different floors and he does not feel that this is neces:o:ary. County Manager Lusk stated that i.f the Commission is interested in these accommodations, it should be handled instantly as space is a problem. Commissioner Saunders stated that there is going to be more staff needed and there is not enough room on the third floor, but there may ~. be enough room for a couple of the commissioners, adding that he objects to having five commissioners on five different floors or five different buildings as this would be very inconvenient for the public and staff. Mr. Lusk stated that the County Attorney's office is looking for a growth management attnrney and has already reached its maximum capa- city. He stated that if the Board should decide to split offices up, he would recommend that at least the Chairman and the Vice Chairman be . , . ~ í:.'( .1 Page 73 .1- . ./ fIt"', , - - .. - - February 10, 1987 kept on the third floor. commissioner Goodnight moved, seoonded by commissioner Pistor and carried 4/0, (Commissioner Hass8 not present) that the County Manager be directed to come back with a report on space that is available in order to relocate tour ot the commissioners in separate ottices as well as the additional cost that is going to be needed tor additional secretaries. Item 110A CONSIDERATION OF THE COUNTY W~TER-SEWER DISTRICT SPECIAL ACT TO BE PRESENTED TO THE LEGISLATIVE COMMITTEE Assistant County Attorney Anderson stated that this Special Act has pertinent provisions that constitute a real substantial deviation from the way things are now, adding that this Act limits the exclusive jurisdiction of the Public Service Commission within the boundaries .of . <' the District to only rate regulation. He stated that they could not issue a certificate or amend a certificate to permit a utility to operate or expand unless the Board first approved it. He stated that it excludes the District from exercising any of its jurisdiction within the boundaries of the Pelican Bay Tmprovement District, the City of Naples, Everglades City, or the Immokalee Water-Sewer District. He noted that it also excludes the above-referenced agen- cies from exercising any jurisdiction within the District's boun- daries. He reported that the Act permits the Marco Water and Sewer District, the Goodland Water District and any other portion of the unincorporated area to be added to the boundaries of the District or '\ I) . ¡ ~: ( Page 74 BOOK 101 PAr,[ 459 ... ~ , .. 1001( 101 PACt 460 . I.' \ J, , t· I<"~ i.-'l¡ February 10, 1987 otherwise made subject to the provisions of this Act by resolution adopted after two weeks of advertised public notice. He stated that , the Act expands the boundaries to those that were approved by the Board at the end of January and would also permit the exercise of emi- nent domain outside the District's boundaries,'but within Collier County. He stated that the Ac~ woul.' formally permit the Board to appoint administrative or advisory bo.~ds or committees to assist the Water-Sewer District in performing its responsibilities under the law. He stated that it exempts properties either leased to the District or by the District from state and local taxes. He noted that it would also permit the Board to levy special assessments under a variety of general laws or to adopt its own special èssessment procedures. He stated that the Act also provides e~press authority for system deve- lopment charges and specifically states the conditions under which these fees may be collected and when they must be refunded. ..' commissioner pistor moved, seconded by Commissioner Goodnight and carried 4/0, (Commissioner Hasse not present), that the special Act be presented to the Legislative Committee in February. ***** Commissioner Goodnight moved, seconded by Commissioner pistor and carried 4/0, (Commissioner Hasse not present), that the following items be adopted and/or approved under the Consent Agenda: ***** Item f14B1 APP~OVAL POR SATISFACTION OP OUTSTANDING INVOICES FOR FURNITURE STORAGE Previous invoices exceed $2,500.00. :J''''' ;_;': r ( Item f14B2 c·; ¡~;: ~ ";<j i..;) \ totaling $8,000.00 and additional charges not to ¡ í J.',: ~ t 'I:, ~_; ;> J ',j}~ J {~ ! u. "',' ;':, ¡ \.', J., :.", . ,". r~(-; ~:,r:.:'·'~;f J, ~';1UtJ~.¡Ot.. C :"",~:" f ,-:. ~ r',;" ~; -.: \ 1.'·,-.iC(·u' 1:,"" H ",oc,Paq, ~ ¡: .. .. - .. .. - - ~. , ., Pebruary 10, 1987 APPROVAL OF MONTHLY LEASB PAYMENTS OP $1,063.00 POR THB NAPLES TRANSFER STATION FOR THE PERIOD JANUARY 1, 1987 THROUGH HARCH 31, 1987 Item U4B3 CONTRAC~ FOR DEMOLITION OF FAILING BRIDGE ON GOLDEN GATE BLVD. AWARDED TO ZEP CONSTRUCTION FOR $4,500.00 Item U4B4 APPROVAL OF FINAL PLAT OF COUNTRYSICr AT BER~SHIRE LAKES, SECTION FOUR - SUBJECT TO STIVULATION . Final Plat of Section Four may not be recorded until Sections One and Three have been recorded. Item UUS JANITORIAL CONTRACT ADJUSTED FOR ADDITIONAL SERVICES FOR SHERIFF'S DEPARTMENT - $3,544.00 Item ,14BI5 . .... APPROVAL OF QUALIFIED APPRnISERS AND APPRAISAL FIRMS TO BE USED ON AN AS-NEEDED BASIS Carroll & Carroll Coastal Engin~ering Consultants, Inc. Donald R. Johnson W. Michael Maxwell & Associates, Inc. Stewart & Stephan, Inc. 'Richard P. Webster & Associates, Inc. Phil Pickens Richard G. Kluza . , Item 114B7 CONTRACT FOR MILLING OF ASPHALT ROADWAYS AWARDED TO TURTLE SOUTHEAST FOR LOW BID OF $9,150.00 - BID #87-1073 Legal notice having been published in the Naples Daily News on January 15, 1987, as evidenced by Affidavit of publication filed with the Clerk, bids were received for Bid ~87-l073 for milling of asphalt roadways úntil 2:30 P.M. January 28, 1987. - d ., j. .ODK liJI PACt 461 Page 76 .. ~,-,-----,......,'''',..."._.~".,.'''=._'^- ;"-'\ [~:': 'I~'~" . .-1'. ."....> t".. . ~',"r ~ '\ ,.;)1., ~~.>. "'.,," ~.'f," '~" ~~Å ~. " "'.~ lOOK 101 PACt 462 February 10, 1987 fl.· 'f ;" ~1( r ! \ ) ~ \.> ~ Item 114BB APPROVAL TO PURCHAS~ STOP SIGN FACES FOR TRAFFIC OPERATIONS FROM MUNICIPAL SUPPLY , SIGN CO. AT PRICES BELOW STATB CONTRACT Item 114B9 SERVICE CONTRACT FOR FIRE ALARM SYSTEM IN BUILDING "J" AWARDED TO SIMPLEX TIME RECORDER CO. - $2,890.00 !,!-6'l See pager;". '\ Item 114B10 ISLAND TITLE GUARANTY AGENCY, INC. h~~AOVBD FOR ABSTRACT SERVICES RELATED TO RIGHT-Or-WAY ACQUISITION FOR RADIO AND RATTLESNAXE-HAHHOCK RCADS - $6,120.00 Item 114Bll APPROVAL OF BUDGBT AMENDMENT REQUEST TO RECOGNIZE ACTUAL CARRY FORWARD IN FUND 313 Item 114B12 APPROVAL OF ADDITIONAL NETWORXING HARDWARE, SOF'l'WARB, AND COMPUTERS FOR TRANSPORTATION REAL PROPERTY TECHNICAL NETWORK Item 114Cl CHAIRMAN AUTHORIZED TO SIGN CONTRACTS REQUIRED TO RECEIVE EMS TRUST FUND MONIES FROM HRS See pages .L/ 6f -11 C:¡Ó Item 114C2 RBSOLUTION 87-35 AUTHORIZING CHAIRMAN TO SIGN AGREEMENT 87EM-76-09-21-10-009 WITH STATE OF FL. DEPT. OF COMMUNITY AFFAIRS FOR CERTAIN EMERGENCY MANAGEMENT RELATED ACTIVITIES See pages .t./ é?/ - 49? Item '14D1 ACCEPTANCE OF UTILITY EASEMENTS AND AFFIDAVITS FOR ACQUISITION OF LELY ESTATES SEWER SYSTEM See page OR Book 1249, Pages 1098-1103 f, . \c" : ~ ,~! _i; ,\ :Il Ii .\'.!i . ~, , '.t!tl.}, !r,~ ~()¡~\ .. - - ,~.,,,,..,,_.,."..,,,...,_,..,,..--.-,__,,,,,,;o,_.....__"..._,_,,,.,""'", ," 1(:' Page 77 /' ., February 10, 1987 Item 114D2 ACCEPTANCE OF SEWAGE PUMP STATION FACILITIES FOR SUMMERWIND APARTMENTS See page OR Book 1249, Paqe. 1872-1885 Item 'UD3 APPROVAL OF CHANGB ORDER NO. 1 POR MARCO SEWERS PHASI 2 - $4,991.00 See page Item t14D4 L¡.99 UTILITIES ADMINISTRATOR AUTHORIZED TO OFFER PROPOSED UTILITY EASEMENT DOCUMENT TO PROPBRTY OWNER LARRY A. 'TEST Item 'UD5 ACCEPTANCB OF WATER FACILITIES FOR BEACHWALK PHASB II See pages DR Book 1249. Paqes 1104-1124 Item U4D6 BID '87-1069 FOR TELEMETRY SERVICES FOR UTILITIES OPERATIONS AWARDED TO FLORIDA SERVICE ENGINEERS, INC. - NOT TO eXCEED $5,000 Legal notice ha~ing been published in the Naples Daily News on January 5, 1987, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid #87-1069 for telemetry services until 2:30 P.M., January 21, 1987. Item 114Fl APPROVAL OF CONTRACT ADDENDUM WITH HENDERSON, YOUNG' CO., INC., TO DEVELOP THE CAPITAL IMPROVEMENT ELEMENT OP THE COMPREHENSIVE PLAN See pages ....5 00 ... ..so ~ \J ,', .\ , , '. . 'ì - 101 PA'.£ 463' Page 78 ,: , . lOOK .--.. .. ... 101 PACE '464 ¡ n I '. 'H~~~ Februa~y 10, 1987 Ite. 11401 CERTIFICATES OF CORRECTION TO THE TAX ROLLS 1986 PERSONAL PROPERTY TAX ROLL 1986-189 January 29, 1967 Itell\ U4G2 EXTRA GAIN TIME AUTHORIZED FOR INMATE NOS. 47538, 43114, AND 40782 Item 114G MISCELLANEOUS CORRESYONDENCB FILBD i.~/OR REFERRED There being no objection, the following correspondence was filed and/or referred to the various departments as indicated below: 1. Grant Adjustment Notice dated Ol/28/87 regarding the Immokalee Youth Guidance Volunteer Program for Special Condition Compliance, Grant No. 87-CJ-45-09-21-01-113, Adjustment No.3. Referred to Neil Dorrill, Kevin O'Donnell and filed. 2. Memorandum dated 01/26/87 from Clyde K. Cleveland, Vice President, regarding Positi~n Description for You~ Veterans Service Office(s). Referr~d to Leo Ochs, Neil Dorrill, Kevin O'Donnell and filed. 3. Memorandum dated 01/23/87 from Dale Twachtmann, Secretary, regarding March 24, 1987 Public Workshop regarding the Proposed Designation of Rookery Bay Aquatic Preserve Addition as Outstanding Florida Waters. Referred to Neil Dorril1, Dr. Poffitt and filed. 4. Letter dated~ 01/02/87 from Douglas L. Fry, Environmental Supervisor,enclosihg short form application (File No. 111299345), which involves ðredg~ and fill activities. Referred to Neil Dorrìll, Dr. Proffitt and filed. 5. Letter dated 02/01/87 from William K. Whitfield, Environmental Specialist, regarding the Division of Beaches and Shores Erosion Control Program Budget for FY 1988/89 and 1989/90, and enclosing project proposal forms, and a copy of the rules and regulations governing the Beach Erosion Control Assistance Program. Referred to Neil Dor~ill, Dr. Proffitt and filed. ,$¡,'; ;;' J, , ' Page 79 .. - - _~'_"_'_h'*""__"'"""_'''_'''''''_·'''·'_·__._''''''"''";····'''''·''''''''-.-.....".- I:: ' - - .. ':,;-.r". '/' 6. February 10, 1987 Letter dated 12/23/86 from Elton J. Gissendanner, Executive Director, regdrding Rookery Bay's Reserve Management Board Meeting discussion of management concerns for Shell Island Road. Referred to Neil Dorrill, George Archibald, Tom Crandall and filed. Motion to Consolidate, received 01/29/87, from David Emerson Bruner, Attorney for 5WFRPC, regarding Development Order No. 86-1, approving DR! known as The Woodlands. Referred to Neil Dorrill, David Pettrow and filed. Notice of Informal Conference received 01/30/87 from Karen MacFarland, FL. Land & Watet Adjudicatory Commission, regarding Development Order '-1, approving DRI known as The Woodlands. Referred to Neil 'orrill, David Pettrow and filed. 7. 8. 9. Addendum to the Petition of the State of FL. Dept. of Community Affairs, received 02/02/87, regarding Development Order No. 86-1, DR! known as The Woodlands. Referred to Neil Dorrill, David Pettrow and filed. Minutes received and filed. 12/17/86 & 01/07/87 - City of Naples ~VI5/87 - CCPC Notice to Vwner to acc dated 01/26/87 from Wayne Offerman, President, Mid-West Glass & Aluminum Products, Inc., informing that they furnished Storefront Entrances, Windows, Misc. Glaas & Glazing for Marco Island Community Park, Phase I.; Referred to Neil Dorrill, Kevin O'Donnell, Cliff Crawford and filed. 10. 11. 12. Public Notice of Application dated 02/05/87 that the following applications for permit have been received: BCC (East Naples Community Park), Naples Fruit & Vegetable '(surface water mgmt. of 25 acres of commercial lands), and University of Florida (to irrigate 320 acres of agricultural land). Referred to Neil Dorrill, Kevin O'Donnell, Cliff Crawford and filed. " ,4i'(' ~_. (~~.:...' '. ~ " " ~~~~" '".... -> '-.. '~ "·.C \.'~'~ t 'o" : I\.I'{ ;',' lOOK 101 PAr.r 465 Page 80 ~ ¡ j j . '4U, .. ...--..--..,.- .. lOOK 101plr.t"4G6 Februðry 10, 1987 ...... There being no [~rther business for the Good of the County, the meeting WðS adjourned by orðer of the Chair - Time: 4:05 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~H&-~~ An~Ji'B""" " "":''ffP"~"LES' CLERK . .;.'.... '~~" " f', e;::,'., . 'r">: f, .';Ie.. ' , ª ¡:~.~: ~~~~; ~~ fie. .; . ~~''':'.:Do,,)z;r~) /' ",'-':,'7'¡~Së~inutes~ppro ed by the Boðrd .....~ ....:-~..,+ ..,~ , "ðs~pr~ërited or as corrected on 77t ~ /~I r9.F7 or. ~;~ . ftr it·: -,joi.: . ~. ~'j~ t}:i' ;~\, oj;: ;Üi: "'f, 'if!;. .~....'.' 17", ?t, :.·i·~'.··' ''¡' . ~~ , t ," ~' )', . .;~ ,} " 'I' t JJ, f··;· ,- '" ~ 0, .... ... Pðge 8l - - - a Ii""... ....... ~ ..,__~_",".-",;¡o;,___"" _,.~""___"",,,_____;_.,,_..,,,