BCC Minutes 01/27/1987 R
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Maples, Florida, January 27, 1987
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also aoting as the Board of Zoning
Appealå and as the governing board(s) of suoh speoial distriots 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
members present:
CHAi"\N: Max A. Hasse, Jr.
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VICE-CHAIRMAN: Ar~old Lee Glass
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John A. Pistor
Burt L. Saunders
Anne Goodnight
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" ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance
Director; Beverly Ku~ter and Maureen Kenyon (12:50 p.m.), Deputy
Clerks; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County
< .
Managetf Kert'Cuyler, County Attorney; Tom Crandall, Utilities
:':-<"Aðminiétràt'or; 'George Archibald, Public Works Administrator; David
;1.:
?~. Pettrow, Community Development Administrator; Ann McKim,
Planning/Zoning Director; David Weeks, Planner; Kevin O'Donnell,
,Public ~~rvi_ces,Administrator: Nanoy Israelson, Administrative
Board; and Deputy Chief Ray Barnett, Sheriff's
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am 101 PA~t 24:
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January 27, 1987
colfsmrr AOBImA - APPROVED WI'l'R cm\1fOES
f :~;:'" "', C01'llllli..ioner Ola.. moved, .econded by Commissioner Saunders and
:'- ; - , aarrielS unanimously, that the agenda anlS consent agenda be approved
following chenqes'
,,~, . ,Ita. ,19B2 - Change Order for ,,'cU tional work beinq performelS
.' ,;¡ 'by 'oee contraotor., 1'1:. Myers '.,. the county Barn Bxpansion-
project - Added.
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Item '9D2 - Recommendation to ðeclare a special meetinq of
the BCC to consider conver.ion of bond pool funds - Added.
Item '9F1 - Contractual aqreement with Deloitte, Haskins
, Sells - Continued to February 3, 1987 (Staff request).
Item UF3 - Appointment of twenty-one (21) members to the
Collier County planninq Commission ci then I,S Advisory
Committee - continu~d to February 10, 1987. (Commissioner
alass)
Item '10B - Discussion concerninq Conveyance from Avatar
,propertie., Ino. - Continued to I'ebruary 3, 1987
(County Attorney)
Item '10C - Discussion of County Water/sewer District special
Act - Added.
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Item '10D - Recommendation to declare a .peoia1 meeting of
the BCC regardinq options available relating to the Resource
,,:Recovery service Agreement and related documents - Added.
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-MIøu~ø8 OF,DBCBKBBR 23, 1985; JANUARY S, 8 I 13,1987 - APPROVED AS
P1U!I S Z1f'1'BD '
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C01'llllli..ioner Saunders moved, .econded by C01'lllllissioner Pistor and
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aarrielS unanimously, that the minutes of December 23, 1985; January 6,
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.,1 13, 1987, be approved as presented.
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ORDI~CB 87-1 RB PITITIOH PDA-ø'-12C, WBSTIHOBOOSB COKMUNITIZS O~
RAPLB8, INC. RZQOBSTIHQ AXBHDKmrr TO PBLICAN BAY POD BY CHANOIHO
ROADWAY "D" PROM A PRIVA'l'B ROADWAY TO A PUBLIC ROADWAY - ADOPTED
Legal notioe having been published in the Naples Daily News on
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. November 2l, 1986 as evidenced by Affidavit of Publication filed with
~,; the Clerk, public hearing was opened to consider' Petition PDA-86-l2C,
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~~J!'fI'P.fc?~..~-?~~~ay ,"0" (Greentree Drive) '.n Pelican Bay from a private
';!~08~:~;~l,?t~ ,8 ,public roadway.
j' Planner Weeks stated that all surrounding lands are within the
':~:.,jP}tp'~.~'.Bay, :P,~~ ,and contain a golf course, residential units ,a",d unde-
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.¡:r· r,e,~op~~ properties. He noted that when Pelican Bay was origi-
,nally approved in April of 1977, the subject roadway was to be a public
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¿street, hoWèvèr, in September of 1983, the Ðoard approved an amendment
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to the PUD whioh changed the street from public to private. He said
present request is to èhange the street baok to a pUblic roadway.
Mr. weeki'stated that the petitioner submitted a revised master
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of the entire Pelican Bay PUD añd the only change is just the one
known as'Greentree Drive. He stated that no one spoke during the
CCPC public' hearing and three letters' were received in opposition,
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citing lack of privacy and traffic concerns. Mr. Weeks advised there
is a fiscal impaot due to maintenance of a public road.
Mr. Mike Zewalk, North Naples Civio Association, stated that his
organizat,ipn, ~s in agreement wi th this amendment.
commf..iö~.r Goodniqht moved, seconded by commissioner pistor and
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Januðry 27, 1987
thðt he will hðve no troùble with'his deed and mortgðge, etc.
C01'IIIIIi..ioner SauDder. moveð, .econðelS by Commissioner Olass and
aarrielS unanimously, that the publio hearing be closed.
Commi..ioner Saunders moveð, .econðeð by commissioner Goodniqht
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an4 oarrie4 unanimou.ly, that ae.olution 8'-18 regarding petition
,1i, . ID-87-10 requesUng
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~"¿;i Lane be adoptelS.
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a .treet name change from Ilea Lane to Ivygate
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Jðnueryi,.,21, )1987
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PB'l'I'l'ÌOIfJ.V-8I-018, UQUBS'l'IHO VACA'l'ION 01' U'l'ILITY BASZHZH'l' AIm
ACCEPTANCE 01' UPLACEKJ!:H'l' BASZMEH'l'S ~OR PELICAN RIDOE CONDOMINIUM _
COH'l'IIfUBD TO ~BBRUARY 3, 1987
Legal notice having been published in the Naples Daily News on
January 11, 1987 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition AV-86-0l8,
requesting vacation of utility easemel,~s in Pelican Ridge Subdivision.
Public Works Administrator ArchiblÜ , stated that this publio
hearing is to consider a proposed vacation of utility easement in the
Pelican Ridge Condominium Development with a replacement of those
easements. He stated that the primary reason for the request is that
the developer plans on changing the layout of the project. Mr.
Archibald added that this vacation does not affect any roadways or
road aooesses. He said Staff has no objection to this petition.
In answer to Commissioner Glass, Planning/Zoning Direotor McKim ,'",
stated that the developer did not get a tree clearing permit and has
rbeen sited by the Natural Resources .Management Departm'e'nt, however, it
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f~as not been resolved as to whether they will mitigate or go to court.
Commissioner Goodnight, Mrs. McKim stated that the
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¡-emended site
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development plan does not show a buffer for the easement,
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however, if the land had not been cleared there would have been a
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Community Development Administrator Pettrow stated that it has ,,:;¡
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dlfficultto asoertain the exact amount of olearing beoðuse '
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January 27, 1987
,!everything was either hauled away or burned. He stated he does not
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~:know what ramifications, if any, the clearing will have with the
~bepartment of Natural Resources.
~? ' In'answer to County Attorney Cuyler, Mrs. McKim stated that if the
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,~~petitioner wishes any amendment to the site development plan, the
;' requ4!s.t ,will ,have to go before all advisory boards again. She stated
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they, ha,v"!a,, RMF-16 zoning classification.
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Attorney Kathleen Pðssidomo, repree· ,ting Pelican Ridge, stated
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that the developer has decided to change the marketing of the project
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a little for Phase II and stub-outs for Phase II were constructed
during Phase I. She stated that when the site plan was redone because
of the marketing change, they had to move the outlots and this moved
~~e..stub-outs, creating the need to move the road slightly. She said
that the developer is not making any drastic changes.
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" :"} ,M~~:, passidomo stated that she was not aware of any tree clearing
¡~y~~la~~ons, b~t did ~ot feel that it should affect the decision on the
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:,\vacaHO~,?f ,~he ,euement, since it is merely being moved, not elimi-
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~~~., Adjacent property owner Lawrenoe Mulvaney stated that when this
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~:' project ,:,as first announced the developer assured him the development
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would conform with the surrounding area. He stated that Phase I is
all single-story buildings and now Phase II is going to be two story
He said he was also assured that no trees woulð be removed
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January 27, 1987
absolutely necessary, however, his property used to look at a
~~blid mass of trees and now looks at a very unattraotive two-story
~r:~uilding. Mr. Mulvaney stated ,that another problem is that the deve-
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~; loper is raising the level of thiS property approximately 4' which
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::i,';Ul ca"use runoff from their property onto adjacent properties. He
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i~t.~~~~e~, ~hat t,h,ere will be a parking lot approximately 15 feet from his
};\ lanai and windows above his swimming Pt,· ',. He urged the Board of
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¡8~county Commissioners to deny this petition.
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¡.:¡,,:'~ ",.t the request of Assistant County Manager Dorrill, Mr. Archibald
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'J'~,pointed out the location of Mr. Mulvaney's house in relation to the
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'(development on a wall map.
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:'" Commissioner Saunders stated that a vacation of an easement is
,.."9C~.q H:JÌ .' I } '."
'rJ,ie~at¡i v,ely routine, hl')wever, from the exhibits presented, he cannot
1tel1 the exact l~cation of the easement or the replacement easement.
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"~.suggested a continuance for one week and to request staff to fur-
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nish a better exhibit.
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'~~I: rt':~s.~"r;a,s~idomo stated that the section of property i~ very I~,~~l~
'k:;', IÌnd drawings were provided to Staff. She stated that there was going
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~~,to be an aooess road in the northeastern corner of the property and
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~'t...· they are r,equestlng that they be permitted to move it over several
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" feet.
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, ~ ,Commissioner Saunders moved, .econdelS by commissioner Glas. and
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oarried unanimously, that Petition AV-86-018 requesting the vacation
of , utility easements and acceptance of replacement easements for the
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.elican Ridge Condominium D.v.lopm.nt be aontinu.d to p.bruary 3, 1987
.howing th. .a....nt. be provided.
Commissioner Glass requested staff to report back to the Board on
the tree clearing mitigation for this project.
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!t¡:,,:' , PETITION AV-U-019, nSTINOBOtJSB COXXUNITIBS OJ' NAPLBS, INC., ,
:(~'. RBQtJBSTIN<J VACATION OJ' A PORTION 01' LAtJ1U:L OAK DRIVE - CON'l'INUED TO
~::/ KARCH 3, 19 87
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Legal notice having been published in the Naples Daily News on
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January 11, 1987 as evidenced by Affid. ·'it of publication filed with
the Clerk, public hearing was opened to Jonsider ,Petition AV-86-019,
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requasting vacation of a portion of Laurel Oak Drive in Pelican Bay
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Subdivision.
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, Referring to a wall map, Publi~ Works Administrator Arohibald
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location of Laurel Oak Drive in Pelican Bay, stating that
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, Laurel Óak Drive runs east and west, and the petitioner is requesting
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':i, . to vacate approximately 300' between Ridgewood Drive and West
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);. Boulevard. He advised that a petition containing 14 names objecting
;~;< ~~'t~;h'; va~~ti~n' has been received from Gulfshore Associates
;. partnershipwhioh owns the Sun Bank Building.
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Mr. Charles Turner, Planning Direotor for Westinghouse, stated
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that a performing arts hall is planned for the parcel to the north,
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leaving only approximately 6.5 acres between the hall and Laurel Oak
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Driýe. ' He stated they are requesting to vacate the small section of
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,$ Laurèl Oak Drive in order to utilize that small pieoeof property
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aOOK 101 PA~t 40
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'~ithin the commercial acreage to the
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'>".bts of approximately 26 acres.
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January 27, 1987
south of the roadway whioh con-
In answer to Commissioner Saunders, County Attorney Cuyler stated
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·",sthat th.ere is
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''.;~lient in the
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would like as
no conflict of interest on this petition with his
Sun Bank Building.
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to Commißsioner Saunders, Mr. Turner stated that they
many entrances and exits uS possible to the planned
shopping center, and that they will need to distribute traffic around
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the perimeter. Mr. Turner also stated that there is a given require-
ment for parking around a shopping center and all parking will be pro-
vided on site. He then displayed a map showing additional median
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breaks for the proposed shopping oenter.
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Attorney Don Pickworth, representing the Gulfshore Associates
Partnership and Laurel Oak Limited, owners of the Sun Bank Building,
stated his clients object to the vacation of this road at this time
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beoause of adverse effects on traffio flow. He noted >hat at present
, ther~ Is ~ circular pattern to the traffic which allows access from
the Gulfshore Blvd. and Park Shore areas. He stated that his clients
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relied upon that traffic flow when making their decisions to buy the
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property. Mr. Pickworth stated that his clients are not trying to
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obstruct Westinghouse from utilizing their property to its fullest,
however, they feel that the people involved should meet with
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westinghouse, and worK out an alternate solution. He suggested that
~a~b~ Lau~el Oak Drive couid be redesigned and/or relocated rather
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~,<'~han vacated.
'~" Hr. Hike Zewalk, North Naples Civic Association, stated that this
, ;~ vðcati6n will also affeot the City of Naples. He stated that the
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~¢ ttaffic from St. Williams Church on any Sunday morning is tremendous
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and choked. He stated that this road will handle the overflow from
the churches in that area and everyone is waiting for it to be built.
He stated that they are not against th~ cultural center, however, it
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ehould have nothing to do with the vacalion of Laurel Oak Drive.
Commissioner Saunders stated that the traffi¢ from the ohurch
.hould have no trouble using Pelican Bay Blvd. when West Blvd. is oon-
nected.
Mr. Thomas Roberts, Gulfdhore Associates Partnership, , stated, they
oppose the'vacation until some other access is made for traffic to
use. He stated that, tenants of the property and clients from the Park
Shore area rely on the traffic pattern. He stated they are agreeable
that Laurel Oak Drive could be moved.
Hr. Sid,Jackson, Sun Bank, stated that they are not opposed to the
vacation, but are opposed to the results from the vacation. He
requested that they be allowed to see the other plans for the property
þefore the vacation is granted.
rµ , Commissioner Pistor stated that if the road is eliminated and the
shopping center is constructed, people will just cut through the
parking lot of the shopping center to get through and this will create
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January 27, 1987
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Mr. Turneraðvised tHat the major portion of the
contract to a speoialty shopping center oontraotor. He
stated that it is his job to see that the oiroulation patterns are
safe and effioient within the interior.
,Commissioner pistor stated that he would like to see the petition
until they have a chance to ~tudy what is being placed on
the aite, how the buildings will be sh'..ted, and where the road will
Attorney Cuyler advised that if this petition is continued
more than 5 weeks it will have to be readvertised.
commi.sioner pi.tor moved, .econdelS by Commi8sioner ooodnight and
carried unanimously, that Petition AV-86-019, westinghouse Communities
of Naple., Ino. reque.ting a vacation of a portion of Laurel Oak Drive
be continued to March 3, 1987, and a conceptual plan of additional
pre.ented.
Commissioner Saunders suggested that Mr. Turner al~p meet with Mr.
conoeptual plan to resolve any difficulties with
'~other ¡developments.
...!'~~.; ; RECESS lOz20 A.fI.
RECONVENE 10:30 A.M. *****
RlSOLUTION 87-1' RI PETITION PU-86-1C, CITY or NAPLES, REQUESTING
EXTENSION or PROVISIONAL USB rOR WATER STORAOB TANK - ADOPTED
Planner Weeks stated that the Board of Zoning Appeals approved a
provisional use for a water storage tank for property located on the
northwest corner of Lois street and Shadow lawn Drive on March 18, 1986
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the Ci tÿr o'f Raple..: He .tatec!l that the City of NapleB ¡ i. now in
proces. of designing the water tank and ha~ requested an extension
of the provisional use. Mr. Weeks stated that Staff has no
objections.
commi.sioner Pi.tor .ovelS, .econded by Commissioner Ooodnight anlS
carri.ð unanimously, that R..olution 87-19 r. p.tition PU-8ð-1C,
ext.nlSinq a provisional u.. for a water storage tank for the City of
Ifapl.. for ..'period of on. year, be adopt.lS.
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BOOK 101 PA(:£ ~4
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January 27, 1987
creation of native veqetation and habitat characteristics
lost on the site during construction or due to past
activities.
All exotic plants, as lSefined in the County code, shall be
removed during each phase of construction from development
areas, open space areaa, and preserve areas. Fo11owinq site
development a maintenance proqram shall be implemented to
prevent reinvasion of control techniques and inspection
intervals, shall be filed with and approved by the Natural
Resources Manaqement Department and the community Development
Division.
If, ðuring the course of site clearinq, excavation, or other
constructional activities, an archaeoloqical or historical
site, artifact, or other indic,tor is discovered, all deve-
lopment at that. location shall ~e immediately stopped and the
Natural Resources Management Dt;>,rtment notified.
Development will be suspended for a suffioient lenqth of time
to en~le the Natural Resources Manaqement Department or a
desiqnated consultant to assess the find and determine the
proper course of action in reqard to its salvaqeability. The
Natural Resources Manaqement Department will respond to any
such notification in a timely and efficient manner so as to
provide only a mini~al interruption to any constructional
acti vi ti.'és.
.. .
5.
Only the areas required for access and that needad for actual
tower construction m~y be cleared. Within the quidelines
that the 199 feet tall tower remain completely on the parcel,
should it fall. The NRMD will have review anlS approval
authority for any access road and tower site location.
Detailed site drainage plans shall ba submitted to the county
Enqineer for review. Ho construction permits shall be issued
unless and until approval of the proposed construction in
accordance with the submitted plans is qranted by the County
Bnqineer.
Any establishment requirinq a CCPHU permit must submit plans
for review and approval. '
Updated drawinqs shall be submittelS for approval prior to the
issuance of buildinq permits.
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January 27, 1987
/DmSIOR OJ' BLIND SERVICES UQUEST POR ADDITIONAL SPACB - J'EASIBILITY
, ,~" '1'0 BB STUDIBD
Mr. George Griffin, Coordinator for Division of Blind Services,
Department of Eduoation, advised th~ Board of County Commissioners
that the present Collier County snack >,1r facilities are no longer
large enough. He proposed renovating and enlarging the snack bar..
facility to allow a modern operation. He stated that this has been
done in several counties, such as Manatee and Lee. He said that a
larger facility would enhanoe what cou~d be offered to customers.
Mr. Griffin stated that 1f the County will consider enlarging the
faoility, he will meet with staff and supply plans. ,
~i' Mr~ Steve Tillis, Manager, stated that the present snack bar is
very overcrowded wi~h no seating ar~a or storage space. He said he
would like to oi~r a cafeteria type service rather than just a snack
bar and stated his feeling that the growth within the County warrants
the' enlargemént.
, Commissioner Glass moved, seoonðelS by Commissioner ooodniqht and
carrieð unanimously, that the Division of BlinlS services meet with the
County Manaqer'. office to stuðy the feasibility of this project under
the Courthouse Expansion capital Funding proqram.
Ite. .aB
PUBLIC PETITION BY OEOROi ~INO RBOARDINO HEIOHT OF WALL ON 91ST AVENUE
- STAFF DIRECTED TO MONIrOR AND TA~B ACTION, IF NECESSARY
Mr. Richard Wood, Co-Chairman of the Civic Committee of the Naples
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Park Area Association, said he would like to review the facts of the
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wall surrounding Beachwalk Development across from 9lst
Avenue, Naples Park. Mr. Wood proceeded to playa section of tape
from the Commission meeting held June 17, 1986. Mr. Wood stated that
the Beachwalk wall was to be built in accordance with Ordinence 84-5
to a maximum height of 6 feet. He steted that the Civic Association
met with the developer of Beachwalk lest fall and requested thet they
lower the wall, however, they deolined, but did chenge the length from
. "
" 90fl.èt'to60 feet.
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,,I':' two Mr."Wooð stated thet at the time construction begen there was a
berm-which was to be removed before the well was built, since they
wete:td use ground level. He then presented pictures of the wall
stating'thet he is standing in front ofith. wall in the pictures and
hè' is 6'3" tall. He seid that the pictures clearly show that the wall
iecloserto 7'4" in height.
" , Ms.' Lucy Veochia, resident of Naples Park, stated ~J:)etal1 efforts
protesting the illegal height of the"wall have gone unheeded to date.
She stated that they have received nothing but false promises from the
developer and are now requesting that the illegal height of the wall
be enforced e8 e violetion of County Ordinenoe. She said they feel
false agreements were made and the Ordinance was deliberately
violated. Ms. Veochia stated thet Community Development Administretor
pettrow met with residents of Naples Perk at the wall and Þeld a tape
measure from the top and let it fall. She asked whether they were to
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January 27, 1987
the conorete blocks below the end of the 6' tape measure?
the Board of County Commissioners require
Commissioner Glass stated there seems to be a difference of opi-
.'104' ~
nion on where ground level is and the Board is being asked to give an
. .'
interpretation on the last paragraph of the Ordinance.
;( '.
Planning/zoning Dir~ctor McKim stated that the Ordinanoe requires
the Planning/zoning Director to determi,'~ whether the ground level was
:I' .
altered for the purpose of the fenoe hei~.1t. She stated that the
~,
following must be considered:
r·
The elevation of the property itself. She 'said Beaohwalk was
required to raise the elevation of their property by the
South Florida Water Management District for the purposes of
drainage, and have not exceeded that elevation, to her
knowled~~. '
Varying ground elevations, the ground elevation at the fence
location and at point. in that vicinity. She said this
accommodates the variations in ground elevation and espe-
cially the few areas of the County where hills are encoun-
tered.
3. Ground elevation on both sides of the fenoe and the lowest
point is to be considered in measu,ring.
L
2.
In answer to Chairman Hasse, Mrs. McKim stated that the crown of
the road ruling is not m~ntioned, per se, in the Ordinance as a point
to measure. She said the crown of the road is, important in
fordil1 on the lot.
I [¡,Mr.. McKim displayed a diagram depicting street level, swale, and
elevation of the property. She stated that a final measurement of the
wall cannot be made at this time because the final grading and the
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January 27, 1987
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~t~<.wale has not been completed. She pointed out the project's interior
elevation and stated that measurements at various points along the
wall appear to be 6'. She stated that the developer must still finish
the grade for the swale and their plans show they will be grading to
the same elevation as the interior, and then grading down on the 4 to
1 maximum slope which produces the swal~ 1ecessary to maintain the
water management for 9lst Avenue. Mrs. McKim stated her feelings
that the elevation of the land on which it is placed is the reference
point for the fence, ~hich is the elevation filled to requirements of
SFWMD.
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Mrs. MoKim stated that when all grading has been done and the
swale is complete, if the elevation on the outside of the wall is
lower than the elevation on the inside of the wall, making the
measurement over 6', then the wall would be in violation and would
have to be lowered.
.> .
Commissioner Goodnight stated thåt when the developer appeared
before the Commission, they stated they would not build on the dyke
and that dyke was only put there to hold the water. She said she
assumed that what they meant was they were going to grade it down and
make it 6' from the center of the road.
Mrs. McKim stated that the height they are building on is the
level to which the land m\st be filled as required by SFWMD. She said
she does not know if the.e may have been more fill at that point than
what is there now. Chairman Hasse stated that the SFWMD required
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January 27, 1987
is an artificial height and there should be some standard, such
the crown of the road.
Assistant County Manager Dorrill stated that in this particular
case, from looking at the pictures, if the crown of the road were
used, the wall would actually be higher than it is now. Mrs. McKim
stated that in certain locations, this IS true. Commissioner Glass
stated that he disagreed and that if th~ :rown of the road were used
at this particular spot, the wall would be about 9" to 10" lower. He
stated that the zoning regulations are supposed to support the
surrounding communities and protect them. He said that the section in
question is only about 350' long and the rest of ,the wall tapers down.
He stated his feeling that the Ordinance is being interpreted wrong,
noting that the Ordinance should be modified to reflect the outside of
the wall.
. "
Public Works Administrator Archibald stated they that ran a survey
to compare the elevation of the road and the elevation of the existing
contour to see how high the land was filled. He said the wall along
9Ist Avenue is 2,600' to 2,800' in length, and generally speaking, the
wall follows the contour of the land. He stated there is a segment
400' to 500' in length between 7th and 8th Streets which is the
problem area. Mr. Archibald stated that the survey showed that at 7th
& 8th Stre~ts, the foundation of the wall was nearly at ground level,
but between those two poi~ts, the land had been filled approximately
one foot. He said the rp¿son it had been filled was to provide
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interior grading to meet run-off conoerns.
County Attorney Cuyler stated that the Commission is dealing with
January 27, 1987
an Ordinance as written and an interpretation of the wording must be
made. He said the Staff has been relying on the wording of the
Ordinance as it exists now. He added that the Board may wish to
revise the Ordinance after this interpl~tation is made.
Commissioner Goodnight stated her f~~ling that if SFWMD is
'requiring artificial ground levels to handle drainage, there is a
problem for existing developments that were built on the actual groúnd
level.. She said that if all this fill is required, a fence or wall
should not be permitted.
County Attorney Cuyler stated that pre-flood elevations are an
important point and the outcome depends on the point of reference
used.'
Mrs. McKim stated that this case has called attention to a defi-
ciency in the Ordinance which will need to be addressed, but added
.-
that she is not comfortable using the crown of the road as a reference
~oint in all cases.
Mr. Grover Erickson, Developer of Beachwalk, stated that he has
spoken to almost all members of Staff at length, and he feels the wall
is at the proper elevation and when everything is complete, the neigh-
borhood will be looking at a 6' wall.
Commissioner Glass st.lted that it is only the 400' section that is
being objected to and asked Mr. Erickson if he would be willing to
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January 27, 1987
take the top block off the wall? Mr. Erickson replied that he would
not be willing to incur the expense involved, sinoe the wall will be
at an elevation of 6' when completed.
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The following Naples Park residents also spoke against the
ŠèâChW.!Ìlk1wall:
, George King
Eugene Kline.
In answer to Chairman Hasse, Mrs. MoKim stated that the interior
ground level does vary slightly to handle the water and make it run to
v~rious places, which causes the wall to step down toward the west.
Commissioner Saunders moved, s.conded by commissioner Glass and
carrielS unanimously, that Yt~ft is direct.d to monitor construction
and, after comp~~~ion of the swa1. and qradinq, if ,any violations
exist, entorcement shall proceed immediately; and Staft should review
Ordinance 84-5 tor needed clarification chanqes.
It.. tac
8TAF7 DIRECTED TO INVESTIGATE FUNDS FOR PAVINO OF VAN BUREN AVENUE
Ms. Grace Thomason, resident, requested the Board of County
Commissioners to pave Van Buren Avenue. She stated that she lives on
~his street and its present condition is dangerous. She advised that
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~'n~lghbor stepped in a hole and broke her hip and one neighbor is
b11ndand cannot walk on the street because it has so many holes. Ms.
Thomason also stated tha~ all the other roads in her area are paved.
t"
Publio Works Administrator Archibald stated the road needs to be
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Page 24
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BOOK 101 ~~"r 60
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January 27, 1987
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and is on the list and if,t~ere are enough funds available
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oarry forward funds,'paving could be acoomplished this
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It was the consensus of the Board that staff be directed to
inve.tiqate funds for pavinq Van Buren ~venue, and if available,
paving should be completed this year, and Ms. Thoœason should be
Ì1oti~ie4 in writing as to when work win beqin.
Item' taD
8YSTBK DZVELOPMENT CHAROB TO BB PINANCZD POR PALM SPRINOS ESTATBS
SUBDIVISION WATER SERVICBS IMPROVEMBNT DISTRICT
Ms. Tammy Buchan, representing the residents of Palm Springs
Estates Subdivision, stated that the residents of her subdivision
petitioned four years ago to be placed on the County Water System.
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~þe,8aid that has happened ar.d they are grateful, however, they have a
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8£~N'B'¡.~i~?, p'a¥ing all fees invol~ed withi':1 90 days. She requested
~~r¡>~oa~~; to ,allow the resident~ of ,Palm Springs to pay the,;~~es: ~~e!r
~!,per~o~ of time or have an extensio? :on the 90 days. "': " ,
(:~:.,Util,i~y"Division Busin~ss ~drin,~s~r,~;+~e, Direct~r: MCNee~¡ s,~at,e~
that the previous System Development Ordinahoe contained a provision
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that the charges could be financed on a three year contract at a 7%
interest rate. He stated that Staff has no objection to this request,
and the,peti~ion contains 66% of the affected residents.
In answer to Clerk Giles, Mr. McNees stated that the current
provil:~ for financing, however, it does not
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County Attorney Cuyler advised that the Ordinance could be
if it is not prohibited the Board may use their
Mr. MoNees stated that on a 3 year, 7\ finance plan the system
development charges would be $22.00 per monthl the assessment peyment
1s made annually over 7 years; and the inimum bill will be $13.22 per
month.
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Commissioner ooodnight moved, seconded by commissioner Olass and
carried unanimously, that the System Development Charqes for the Palm
sprinqs Bstates Subdivision Water Service Improvement District be
financed for a period of 3 years with a 7% interest 'rate.
County Attorney Cuyler stated that he would like to formalize this
procedure in the future and will have Mr. Anderson look into it.
. ,.
Item UB1
RBSOLUTION 87-21 AUTHORIZING THB AcQUISITION OF LANDS POR THE WIDENINO
OP STATB ROAD SR. 951 FROM U.S. 41 TO MARCO ISLAND BRIDOB - ADOPTED
Public Works Administrator Archibald stated that there were 19
parcels to aoquire for the four-laning construction and maintenance of
S.R. 951. He reported thet only 5 have not been acquired. He stated
that negotiations with the owners of parcels Nos. 101, 108, 110, and
III have been unsuccessful and Steff is seeking approval of 8 resolu-
tio~ ~~,~hey will have the authorization to continue their prepara-
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tions for condemnation pJoceedings. He noted that the resolution
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only addresses four of the five needed parcels.
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~" Commi~sio~er Pistor stated that the State may put out the bid on
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BOOK 101 p,r.r 62
Page 26
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I.·;,th!s work later this year, but will not proceed until the County owns
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~the needed rights-of-way.
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,': C01'lllllis.ioner pi.tor moved, secondelS by C01'lllllissioner Olass and
January 27, 1987
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carried unanimously, tilat Resolution 87-21 authcrizinq the acquisition
of land. by qift, purcbase, or conde~,tion, necessary for the
widening of state Road S.R. 951 from u.s. 41 to Marco Island Bridqe be
adopted.
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January 27, 1987
CHANG. ORDBR IN A1f AMOUNT NOT TO EXCBBD $5,500.00 FOR OEE CONTRACTORS
I'OR COUNTY BARN EXPANSION - APPRO~D
Public Works Administrator Archibald advised that Gee Contractors
have removed the hydraulic lifts and are having them installed at the
County Barn. He stated that during installation they have struok rock
and in order to continue work, an additional sum, not to exceed
$5,500.00 is required. He stated that in order to install the
hydraulic cylinders they must hammer th.,ough the rock to a depth of 9
feet.' He noted' that the contraotor is "already on-site and any delay
will 'only hamper plans to leave the garage in BuHding "G".
" . Mr~ Archibald stated that $2,750.00 is needed for each installa-
tion.
commissione~plas. moved, seconded by Commissioner Saunders and
carrielS unanimously, that a chanqe Order for Oee Contractors in an
amount not to exceed $5,500.00 for additional work at the county Barn
,-.:,.\,,'
r~~ áxpan.ion Project be approved.
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~\~' , " ~o~~~: COXXONITY PARK TO DB DEDICATED ON I'EBRUARY 2, 1987
r' 'I' Pub}io Services Administrator O'Donnell stated that he is pleased
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to inform the Board
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Community Park will
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stated the faoilities at the
of County Commissioners that the Immokalee
be ready for public use on February 2~ 1987.
park inolude:
one sOftball/little league
'..'.".'." ,
f~eld; one baseball field; two four wall lighted raoquetball courts;
&ODK
101 PA~[ 74:
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75 January 27, 1987
spaoes; a maintenance building; field control center; racquet
center; children's pley area; and open play area.
; \
Mr. O'Donnell requested thè:board tò officially dedicate the
openin~ of the Immokalee Community Park on February 2, 1987 at 11:00
A.M. He stated the public will be invited to the Grand Opening on the
(, ....
2nd end the "Grand Fun Day" on the 7th.
t.. ~ ' , \.
C01'lllllissioner ooodnic¡ht moved, sect:"ded by Commissioner Pistor and
,oarried unanimously, that the Immoka1et community Park be dedicated on
L"
I'ebruary 2, 1987 at 11:00 A.M.
f;C.' '
Item UD1
BID "'-103', TV/SEAL TROCk MOUNTED SYSTEM - AWARDED TO COES, INC. IN
'U AXOtnn' NOT '1'0 BXCBBD '13',900.00
1., '., Legal notice having been published in the Naples Daily News on
November 13, 1986 as evidenced by Affidavit of Publication filed with
fthö Clerk, bids were received until 2:30 P.M., December 3, 1986 for
raid 186"1036 fora TV/Seel'Trudk Mounted System.
Utilities Administrator Crandall.,åtated that 'invit~tio¡'s to bid
were sent to 5 prospective vendors and proposals were reoeived from
three bidders as follows: Aires Industries, Cherne Industries and
Cues, 1ne.
I" ,Mr. Crandall stated that the low bidder, Aires Industries at
$119,000, was eliminated as an invalid bid beoause their equipment did
not meet three or more c¿ the teohnioal requirements of the bid. He
stated that the second lowest bidder, Cherne Industries at $120,125,
àlso did not meet thres or more technical réquirements of the bid. He
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Page ,29
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January 27, 1987
14, 1987. Mr. Crandall stated that it may be possible to award
the bid without a refinancing plan.
Commissioner Saunders stated that special meetings tend to prohi-
bit the public from attending and requested that Staff be encouraged
to schedule speoial items during regular meetings.
commi.sioner Pistor moved, seconded by Commissioner Saunders and
oarried unanimously, that a special X.'tinq be held on January 28,
1987 at 11100 A.X. to consider conversi",1 of bond pool funds.
Commissioner Glass stated that he would not be able to attend the
speoial meeting.
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'OóNsdL~ SELECTION FOR
,APPROVED
~,~
IMMOltALEB STOCltADB OENERATOR PROJECT -
Assistant County ~anager Dúrrill stated that the Sheriff has been
,ordered to, acquire and install an emergency power supply, at the
Immokalee Stockade. He stated that last spring Staff 90dertook an
engineering report to identify the wòrk that needed to be done and
,estimate a budget. He noted that, as a result of this report, there
,i8$150,000 in this'years' budget for these improvements. Mr. Dorrill
stated that if Staff is to prooeed they will need to utilize the con-
sultant competitive selection pròcess for bids, however, the Sheriff's
,Department does not have the same type of purohasing and service
contract r~strictions and his recommendation, in order to expedite
this project, is to allow the Sheriff's Department to undertake the
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Page 31
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design and seleot the engineer. He stated that this would be the same
engineer who assisted with the report and cost estimate last year.
Finanoe Director Yonkosky stated that there could possibly be a
conflict with Chapter 287 F.S. ~ounty Attorney Cuyler stated that
part of the authorization should be to allow time for the County
Attorneys to verify that there is no problem with this proposal.
Mr. Dorrill stated his suggestion) that the Board authorize the
Sheriff to go ahead with this matter. He suggested that if Mr. Cuyler
finds this cannot be done, there is an exclusion allowed in the
Florida Statutes that states work of a construotion nature that is
less than $100,000, is exempt from the provisions of that Statute.
He said that the electrioal wiring portions for the circuit breakers
and panels oould be handled through, the electrical engineer and the
. ..
purchase of the generator could be handled as a separate item on a bid
by the County.
In answer to Chairman Hasse, Mr. Dorrill stated that unfor-
tunately, in addition to the aoquisition and installation of the
generator, the wiring at the Stockade is old and does not meet code
ás it relates to emergenoy power. He said a new circuit breaker panel
" .
needs to be built and some heavy wiring work, which requires an
electrical engineer to prepare the plans. He also stated that the
only advantaqe to having :he Sheriff hire the engineering consultant
is a time'savings of two to three months.
Sheriff's Department Deputy Chief Hunter stated that they concur
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Page 32
ðOOK 101 PAr.r 78
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101 'J',( 79
January 27, 1987
with the need to expedite this procedure., ' He I!Itated that the Stockade
recently experienced a 13 hour power outage which resulted in an
extreme security risk.
Commis.ioner Gla.s moved, .econðed by Commissioner Gooðniqht and
carried unanimously, that the Sheriff'. Department be authori.ed to
hire an electrical engineering consultant to desiqn and prepare plan.
for the Immokalee Jail Oenerator projet~, sUbjeot to the approval of
the county Attorney.
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PRESBNTATION BY ATTORNEY ED FOREMAN ON HATTER PERT~ININO TO THE COUNTY
IlANAOBR - NO ACTION
Attorney Ed Foreman, representing County Man~ger Lusk, stated his
feelings that several memb~ro of the Commission voting against Mr.
tusk ought to consider the direction that the County Commission is
taking itself. He said that Commissioner Saunders is leading the
Commil!lsion down an irreversible path to disaster with reference to
.. .
this il!lsue. He recalled his first appearance before the Commission,
January 13, 1987, and stated that Commil!ll!lioner Saunders announced that
he had instructed the County Attorney to prepare certain Ordinances,
Bpecifically amendments to the County Manager Ordinanoe and an
Ordinanoe to dismiss Mr. Lusk without dause.
He said he did not know
if the other Commissioners knew of this action before it took plaoe,
but it seemed to be acc~ptable to two other members of the Commission.
Mr·... Foreman stated that the troublesome part of this action is that
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Page 33
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:Commissioner Saunders has never said what amendments he wants to the
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,~County Manager t s Ordinance.
Objeotions from Chairman Hasse and Commissioner Saunders were
raised when Mr. Foreman mentione~ a personal vendetta on the part of
Commissioner Saunders with Chairman Hasse stating that the oriticism
of Commissioner Saunders, in that form, is not necessary. Chairman
Hasse also stated that no one member leads the other members of the
Commission, as alleged by Mr. Foreman. Mr. Foreman stated that while
the content of his presentation may not De approved of, he would
appreoiate the opportunity to address the Commission without interrup-
tions.
Mr. Foreman oontinued by stating that on January 12, 1987, the day
before the meeting, Commissioner Saunders sent a memo to all other
. .'
Commissioners. He said that this memo, distributed the day before a
meeting on an item they knew was going to be brought up at the
meeting, is a Sunshjne Law violation. He said that if one of the
otherC6mmissioners had circulated this memo, he would believe it was
inadvertent, however, Commissioner Saunders is an attorney and what
~as distributed was his legal opinion. He stated that it is very
dangerous for Commissioner Saunders to render a legal opinion when
aoting as a Commissioner. Mr. Foreman noted that he believes there
ire fourmèmbers of the Commission who want to do what is correct.
Tape 17' ,
;,(,¡ Mr.' Foreman stated that he sent a, letter indioating his feeling
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aDDIt 101 PA~,t 80
Page 34
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101 PAr.t 81
January 27, 1987
that it was inappropriate for one member of a Commission to instruct
the County Attorney to prepare amendments, resolutions, amendments to
Ordinances, etc. and in response to that letter, Commissioner Saunders
requested a vote from the Commission to prepare the amendments. He
stateð that no one askeð the County Attorney what the amendments
Ì!Íi'e'or'whether they are legal. He said that on January 20, 1987 the
Board voted on Item l2A "Resolution ex~ressinq the intent of the Board
of County Commissioners to amend Ordin" ,~e 84-44, commonly known as
the County Manager Ordinance". He stated that this raises the
question as to what the Commissioners were voting on because no one
has described, in any public, forum, what these amendments are. He
said that it oan only be surmised that the Commi9sioners already knew
the content of the requested amendments.
Mr. Foreman then stated that he is putting County Attorney Cuyler
on notice that under the public records law of the State of Florida,
~.
imember of Mr. tusk's family will be at his office everyday at 4:30
P.M.' to pick up any and all written doouments that have anything to do
with the County Manager Ordinance, the revision of the County Manager
, '
Ordinanoe, the discipline of Mr. tusk, the potential removal of Mr.
tusk or any other item which might in any way relate to Mr. Lusk's
job performance, security, or his status of County Manager for this
bòi.inty;' :" :
I, 'Mr; Foreman continvr-j by stating that Commissioner Saunders seems
'to hàve taken a position that will first attempt to amend the County
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Page 35
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January 27, 1987
Ordinanoe and then he will try to get the proper number of
to terminate withoút cause. He reminded the Commission that
any member of Staff as a conduit between the members of the
Commission is also a violation of the Sunshine Law and, therefore,
County A~torney Cuyler cannot communicate the amendments back to the
'Commission, since the Commission never asked what they were.
Mr. Foreman stated that Commissioner Saunders is now beginning to
about cause in the newspaper. He said that Commissioner Saunders
not seem to care that his signatu.. is at the bottom of each of
the Ordinances in question, which indicates they are legal, and that
i . . '~': I '.
~e approved them as to form and content.
Mr. Foreman said that l-Ir. Lusk's rights and job security are being
,,", " .,
trampled and tha~"other aspects of the law are being ignored. He
stated his belief that some members of the Commission are doing these
things unwittingly. He also stated his belief that the County, Mr.
~u~k~ end the Commissioners are being hurt by this situation. He said
that Commissioner Saunders would like the world to think that Mr. Lusk
is not doing a good job. He stated that he believes the problem is
that when Commissioner Saunders was the County Attorney, he and
Mr. ,Lusk did not get along because Mr. Lusk did not think Mr. Saunders
was doing a good job and the best way out of the situation is to get
Ci, ":. t.· .:. c' I~~ .' ' ,
t'ld of:Mr."Lusk. He noted that all of this will come out ,in due
bburser," if a publio hearing or litigation point is reached. Mr.
Foreman noted that, if tt.e media is correct, Commissioner Saunders
'.",
pege 36
aOOK 101 PA'>t 82
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January 27, 1987
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the judges in this:County, since Commissioner Saunders
, .
was reported to say that the judg3S wish to have Mr. Lusk removed. Mr.
,Foreman stated his conoern about an attorney who speaks to judges with
respect to what he knows may end up in the courts.
Mr. Foreman then requested that the Commission reconsider any
actions on Items l2A and 128 from the January 20, 1987 meeting.
It.. flOA
STIPULATION WITH BAST NAPLBS SBWAOB TREATMENT CORP. RE PUBLIC SERVICE
COXXI88ION CERTI7ICATB - APPROVED
Assistant County Attorney Anderson tated that last year East
Naples Sewage Treatment Corporation was issued a Certificate by the
Public Service Commission which contained language inoonsistent with
County Ordinances. He stated that the County objected to the Order
and an agreement has been reached with the owner of the utility com-
panyto delete certain language and substitute acceptable language.
Mr. Anderson recommended approval of the stipulation.
Commissioner ooodniqht moved, .econdelS by commissioner Pistor and
oarried unanimously, that the stipulation with the Ba.~·Naples sewage
Treatment corporation regarding Public Service commission certificate
be approved and the Chairman be authori..d to siqn.
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·1~/·8PBCIJI.L XEETINO TO BB HELD ON JANUARY 29, 1987 AT 3130 P.M. RE
kBSOORCB RECOVERY
'County Attorney Cuyler stated it !; neoessðry to cðll a Speoial
Meeting for the purpose of discussion al.J ðppropriðte øotion regarding
options'8vðilbble relating to the Resource Recovery Service Agreement
ànð réláted documents including Board consideration to a 60-day exten-
èion of the Agreement.
'Commi..iòner ~i.tor moved, seconded by Commissioner Saunders and
carried unanimou.1y, that _ special xe.tinq be held on January 29,
1987 :at 3130 P.M. r_qardinq the Respurce Recovery Service Aqreement.
~ :
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BOUNDARIES OF COUNTY WATER/SEWER DISTRICT TO REMAIN AS IS
Assistant County Attorney Anderson requested clørification from
the Board ~n,the Special Act for the Wðter/Sewer Distrjçt. He stated
the Act which was prepared for the Independent Water/Sewer Authority
was prepared with Bond C~'Jnsel and that the Law under whioh the County
Water/Sewer District is çresently operating was written in 1959. He
said that Bond Laws and other laws have changed considerably sinoe
that time. He requested that the County Attorney's Office be directed
to change the previously prepared Act for the Independent Water/Sewer
¡
Authority and substitute the County Commission for the Authority and
the Act be forwarded to the Legislative Delegation as a Special Act.
Commissioner Olass moved, seconded by Commissioner Piator and
oarried unanimously, that the County AttorneY'a office be directed to
tJ~}it:; r.1J~:):1 hj'1 ,.
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January 27, 1987
...... Rece.sl 12140 P.M. - Reconvenedl 12150 P.M. at which
~!" time Deputy Clerk ltenyon replaced Deputy Clerk ltueter u.u
'It_ U2A
COXXISSIONBRS TO ATTEND FLORIDA ASSOCIATION OF COUNTIBS MIDYEAR
,LBOIlLATIVB CONFBRENCE IN TAMPA, FBBRUARY 18-20, 1'87
Administrative Assistant to the Board Israelson stated that she
needs approval for reimbursement for travel and hotel expenses for
",à'ny' interested Commissioners that would like to attend the Florida
\ .... ' ,-
tAssociation of County Midyear Legislative Conference in Tampa,
February 18-20, 1987.
commissioner Goodniqht mcved, seOOb' ,,4 by commissicner pistor and
aarrielS 4/0, (Commissioner Saunders out of the room), that any
interested commissioners be allowed to attend the Florida Association
.of Counties xidyear Leqi.lative Conference in Tampa, February 18-20,
1'87, with reimbursement tor travel and hotel expenses.
I
,It_ U2B
COMMISSION XEETINO TO BB HELD ON KARCH 31, 1'87, INSTEAD OF KARCH 17,
1'87 AND BCC VACATION TO BEOIN AFTER THE REOULAR XEETINO OP JUNE 23,
1987, AND END PRIOR TO THE MEETING ON JULY 21, 1987.
Administrative Assisl~nt Israelsòn stated that there is a con-
ference that the Commis~ioners have expressed interest in that will
be held in washington, ~.C. from March 13, 1987, through March 17,
1987, ,and, therefore, ,she is requesting approval for the Board meeting
on March 17, 1987, to be changed to March 31, 1987, instead.
commissioner pistor moved, seconded by Commissioner Goodnight and
carried 4/0, (Commissioner Saunders out of the room), that the
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January 27, 1987
,,';COIIIIiasion meeUnq be hellS on Xarch 31, 1987, instead of March 17,
.,it:'
\~i 1987.
'l:
~. Mrs. Israelson stated that there has been disoussion regarding
the summer vacation for the Commission, adding that Growth Management
is requesting that there be a meeting held on June 23, 1987 and the
BUdget Office needs to start covering the budget on July 21, 1987.
She stated that this would mean that the meeting on June 23rd would
be the last meeting bef~re the summer break and then the next meeting
I,
daY,r~~~~ be ,JulY 21, 1987.
Commissioner ooodniqht movelS, secon4~4 by Commissioner pistor and
ii
oarried unanimously, that the last meeting day betore the summer
break be June 23, 1987, and the next meetinq date be July 21, 1987.
Item U2D
HR. LOUIS ISAACS'~ MR. CHRIS HANCOCK REAPPOINTED TO TWO YEAR TERMS
ON THB OCHOPBB FIRB CONTROL ADVISORY COMMITTEB
Mrs. Israelson stated that Mr. Isaacs has served a portion of one
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term and is interested in serving again and Mr. Hancock would like to
serve another term even t~ough he has already served two terms and
they are being recommend¿j for reappointment.
Commissioner ooodniqht moved, .econded by Commissioner pistor and
carried unanimously, that Mr. Louis Isaacs and Mr. Chris Hancock Þe
r.appointed to two year terms on the Ochopee Fire Control Advisory
c01'IIIIIittee.
Item' U2C
COU1f'l'YI A'rTORHBY DIRECTED TO PREPARE A1f ORDINANCB REGARDING, OPBN
COHTAIIfBRS IN VEHICLBS
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January 27, 1987
Commissioner Hasse questionedif;there were any people in the
audienoe that wanted to speak on the matter that would be opposed to
this type of a law?
Mr. John Keschl indicated that he is opposed to suoh a law
because' he believes in a free society, edding that if people are
( ~.- ¡ t .
afraid of other people drinking and dri',ng, then drinking in barrooms
should be completely stopped also. He stated that the people that
sit in the barrooms are the ones that are dangerous on the highways
whèn they are trying to get home and not the working man that stops to
buy one beer to drink on his way home. He stated that people cannot
drink on the premises of the stores where they purchase the alcoholic
beverages and that sh~uld be enough, otherwise, alcoholic beverages
should be banned completely in Collier County.
Commissioner Hasse s:ated that what is being presented is a pro-
posed ordinance that co~ld be approved for a future meeting. He
noted that the City of Naples was also approached on this idea.
~.
Mrs. Shirley Porter, President of the Naples Chapter of Mothers
¡ ,
Against Drunk Drivers, stated that she lost her twenty year old
: 1.
,daught~r to a drunk , driver. She indicated that the proposed ordi-
nance is a request to make open containers in a vehiole illegal. She
stated that the containers could ,be in a trunk or a glove compart-
ment, which would be legal, and a chauffered car would not be affected.
She stated that it is contradictory when one is allowed to drink and
drive and yet it is illegal to drive drunk. She stated that 37 sta-
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Page 42
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January 27, 1987
tes have this law, adding that it makes good common sense. She noted
that the City of Naples Council gave her good support and to allow
alcoholic beverages in the hands of motorist is flirting with death.
She stated that she is asking for the coo~eration of the commission
in this matter in order to save the lives of the people of Collier
County that the Commission represents.
commissioner Pistor moved, seconded by Commissioner Ooodniqht and
oarried unanimously, th.~ the County Attorney be asked to lS.v.lop an
ordinance that would carry out the idea of no drinkinq while drivinq.
County Attorney Cuyler stated that he has done some background
work on this matter and it should n~t take long to prepare such an
ordinance and return to the board with same.
Ite. f12B
RECOMMENDATION FROM ~INANCIAL ADVISOR AND COMMITTEE REOARDINO 1985
WATER AND SEWER REVENUE );;;)NDS - CONTINUED FOR ONE WEElt
County Manager tusk stated that he reviewed proposals from
various underwriters and the one proposal that was the best was very
diffioult to understand and he requested that the underwriters give
ð presentation to the committee before the Board takes any action, and
therefore, he is requesting that this matter be continued for one
week.
Item flU
RESOLUTION 87-22 PROVIDINO FOR IMPOSITION AND COLLECTION OF LOCAL
OPBRATION FEES FOR PROVISION OF 911 TBLBPHONE SERVICB AND EQUIPMENT _
ADOPTED
Commissioner Pis tor stated that this was discussed about a year
ago but was not done in order to keep the budget as low as possible,
aOOK 101 PAGE 92
Page 43
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101 par.r 93
January 27, 1987
'but it would be an advantage to Collier County. He stated that when
the Sheriff reccives a call, he would know where it is ooming from and
be able to send the proper personnel out and it would also expedite
the response time. He stated that there are times when people call
in, they are extremely nervous or they may pass out and the Sheriff's
:;~pàrtment does not get the correot information as to the location and
:this system would save lives and limit some frustrations. He stated
fthàt'he would like to see the County p ~ceed with this enhanced
'system.
.( , Deputy Chief Don Hu.,ter of the Sheriff's Department stated that
in February 1978, the Sheriff implemented the 911 system after
planning, studying, and formation of polioy and in 1983, the E-9ll
computer dispatoh system was added, which provides districts for
police, fire and EMS scrvices so that when a oall comes in, the
Sheriff's Department knows what unit to disþatch depending on what
~istrict the problem 'is in. He stated that the flaw in'the system is
that there are hysteriotl people that are unable to provide the
Sheriff's Departmen~ with the neoessary address for a quick response.
He noted that the original system was designed for enhancement when
it was available, adding that it .is now available in Collier County
.. '
and there is legislation that gives the County the ability to levy a
fee up to 50 cents but that Statute will be sunsetted December 1,
1988, ~herefore, some action is needed as they are relying upon
UTS to install the equipment and the installation time frame is 24
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January 27, 1987
months which the Statute provides for. He noted that he contaoted
UTS on the direction of the former Commission with regards to how the
system would operate and be con~igured and what it would cost the
taxpayers. He noted that the one-time charge for the system and the
hardware is $335,297.5'. He stated that there would also be a need
for additional staff to provide for tr planning aspect of the system,
which' has not been considered. He stat'1d that there is a need to
verify all address info~mation to be sure that there is no redundant
streets and addresses, which has to be done as part of the 24-month
planning and implementation process. He stated that Tier-B and E-91l
service would be a monthly cost which would total for the first yeðr
of implementati~~.$257,58~.CO and wbuld be an on-going recurring cost
and is not provided for in the legislation and would have to be
budgeted in the Sheriff'~ budget. He noted that the Police Department
also shares in the resp~nsibility of answering in a backup mode in
case the primary system fail. He stated that this system includes the
City of Naples, adding that all 911 service terminates in the
Sheriff's office and is recorded through the dispatchers. He noted
that the Sheriff's Department directs the oall after obtaining the
dispatch information to the appropriate service agency. He noted that
UTS suggests that the primary 911 and E-911 service be centralized in
the Sheriff's office, but that there be a backup system in the City
Police Department. He stated that the Sheriff's Department would
have to approach the City to let them know that there are recurr~ng
Page 45
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January 27, 1987
costs that they will have to budget for in order for them to be the
backup. He reported that the County Commission has the authority to
charge the subscriber for the initial fee up to 50 cents for a period
'of 24 months. He noted that the total probable fee that could be
collected through the sunset date wou~d be approximately $750,000.
Commissioner Glass stated that tha \ser fee will pay the County
back for the initial non-recurring installation fees.
Commissioner Hasse ~uestioned how this charge will be handled, to
which Mr. Hunter stated that this will be put on everyone's telephone
bill and will be UTS' responsibility to place the charge on the bill,
but it is the County's responsibility to collect it.
" County Attorney ~uyler stated that the resolution that has been
provided to him was redone and tracts a lot of the statutory provi-
sions and imposes the It :al option fee pursuant to Section 365.171,
subsection 13. He noted that in paragraph one of the resolution it
states that the fee shall not be mor~ than 50 cents per' month per
line up to a maximum of 25 exchange lines which is paid by the local
exchange subscribers for a period not to exceed 18 consecutive months
and in paragraph two it'states that the County requests that the
telephone company collect from t~e subscribers and remit the fees to
the County and the telephone company is entitled to an administrative
fee of 1% based on the 911 fee collected.
Mr. Hunter stated that after the 18 months, this fee becomes
recurring cost and must be budgeted and provided for, probably through
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Page 46
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January 27, 1987
valorem taxation.
County Attorney Cuyler stated that this is a statutory mechanism
provide for a start up and to recoup the costs for that start up
. and th~n after that period of time, it becomes a reourring expense
! . "'!' í' ~',
and has to be budgeted.
Commissioner Goodniqht moved, .eCO.~.f "d by Commissioner pistor
.,: . ',4', ~, " r :'
anlS oarrh4unanimously, that Resolution 87-22 providinq for imposi-
tion an4'collection of local operation fees for provision of '11
telephone .ervice and equipment be adopted. See Pages /ð.3 - /0 'f
..... commi.sioner pistor moved, seconded by Commissioner ooodniqht
and carried unanimously, that the followinq items under the
Consent Agenda ~e approved and/or adopted I .....
Item U4Bl
BUDGBTAKENDMENT IN FUND 132, PINS RIDGB INDUSTRIAL PARK MSTU, FROM
REDEMPTION 01' SHORT TB~ DEBT REPAYMENT TO ENOIHBERINO I'EES - APPROVED
Transfer of $176,OOJ appropriated in debt service to engineering
fees ~
no' ,UB2
_...
. U!tBJJf ~)UtBA ,JlAP 01" IMM01O\LBB IHDICATI1fCJ· '1'BB I'TmCTIODL CLASSII'ICATION
07 '1'BB ROAD SYSTBMS - APPROVED
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Chairman Hasse authorized to execute the map.
Item flCB3
,ll('~):" ¡ h "
~tœ TRAFJ'ORD MBMORIAL OARDENS CEMETERY LOS NO. 486
J ~.~..' I~:: l'
10S
See Page
Item UCBC
RECORDATION FOR ACQUISITION OF EASEMENTS 70R AIRPORT-PULLINO ROAD
See Pages It) to - I () 9
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Page 47
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January 27, 1987
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, :~BUDOET AMENDMENT FOR FUND 131 (MARCO ISLAND BEAUTIFICATION) '1'0
RBCOONIZB CARRY FORWARD IN '!'HE AMOUNT 01' $51,UO
Item 114B6
RANXINO 01' CONSULTANTS '1'0 PREPARE A PRELXXINARY ENGINEERING REPORT
I'OR '!'HU SADAL PALM ROAD BXTENstoa M.S.T.U.
!; " . 1.
2.
3.'
Wilson, Miller, Batton, SoIl ~ Peek, Inc.
Johnson Engineering, Ino.
Hole, Montes & Associates
It.. U4231
aBSOLUTION 87-23 APPOI~ING KEMBBRO TO TRB MARCO ISLAND BEACH
RENOURISHMENT ADVISORY COMMITTEE - ADOPTED
>, '
See Page,
110
Ite. U4C1
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~CZALEJ) WEAPON PERMIT .81-2 J'OR JBI'J'REY K. WILLIAMS - APPROVED'
n.a f14C2
CONCEALED WEAPON PERMIT 186-1 FOR PAUL E. WILSON - APPROVED
Item f14D1
0#'"
WATER AND SZWAOE TRANSMISSION FACILITIES I'OR BER~SHIRE VILLAGE _
ACCEPTED 'I',,' " ,
1. ',;i \.,
Bee OR Book 1246 Pages 1928-1947
Item t14D2';
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WATER , SEWER FACILITIES FOR MENTOR PÌ1fBS SODDYVISION - ACCEPTED
'1 "
See OR Book 1246 Peqes 1948-1956
Item U4D3
OY7-SITZ'SBWBR FACILITIES ACCEPTANCB FOR BERKSHIRE LAKES SUBDIVISION-
ACCBPTBD
'J(',
See OR Book 1246 Pages 1918-1927
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January 27, 1987
,uc31
CERTIFICATB OF CORRECTION TO TUB TAX ROLLS
1986
Nos. 115/116
Nos. l24/l28
Dated 12/22/86
Dated 01/09-01/13/87
: ,
1986 TANGIBLE PERSONAL PROPERTY
Nos. 1986-182/186
.',1402
BXTRA OAIN TIJm AUTHORIZED FOR IHKATB NOS. 38582 AND 35862
Dated 01/13-01/19/87
Item '1403
DUPLICATB TAX CBRTIFICATB NO. 86-5001 TO PATRICIA EATON - DUB TO LOSS
See Page III
It.. tUG
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MISCBLLANEOUS CORRESP~NDENCB FILED AND/OR REFERRED
;,' There being no objection, the Chair directed that the following
corrèspondencé be filed and/or referred to the variou&'departments as
Ú\dicåÌ:ed' below:
1. Letter dated 10/15/86 from Louie L. Wainwright, Secretary,
Correctional Internal Inspector, regarding Inspection Report
dated 10/07/86, Collier County Jail - 2nd Annual Inspeotion,
and attaching 'summary of the defioiencies which require
oorrective action. Filed.
2. Letter dated 1/12/87 from Mary W. Morgan, Supervisor of
Elections notifying of ohanges in polling sites, and
enclosing copy of updated list of polling plaoes. Filed.
See Pages I /.;¡ - II ':3
3.- Letter dated 01/14/87 from Douglas L. Fry, Environmental
Supervisor, enclosing short form application (File No.
111292755), which involves dredge and fill activities.
Referred to Neil Dorri1l, David Pettrow, Dr. Proffitt and
Filed.
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January 27, 1987
4. Memorandum dated 01/12/87 from James W. MaoFarland, Directör,
Division of State Lands, regarding Aquaculture, and enolosing
application for Aquaculture Lease and guidelines to apply.
Referred to Neil Dorrill, David Pettrow, Dr. Proffitt and
Filed.
S. Notice of Appeal dated 1/20/87 from State of Florida Land
and Adjudicatory Commission regarding Development Order
No. 86-1 issued by Collier County, Florida, approving a
Development of Regional Impaot known as the Woodlands.
Referred to Neil Dorrill, David ~ettrow and Filed.
6. Letter dated 01/14/87 from Dale H. Heideman, Staff Director,
Medical E,aminers Commission, 'nclosing a fully executed copy
of the contract entered into t., "1een the Dept. of Law
Enforoement, Medical Examiners~mmission and Collier County,
effective July 1, 1986 through June 30, 1987. Referred to
Sheriff Rogers, Neil Dorrill and Filed.
Minutes:
12/03/86
12/18/86
OI/lS/87
7.
Oohopee Fire Control Distriot
Parks & Recreation Advisory Board
Agenda - Parks & Recreation Advisory Board
8.
Notice to Owner dated 01/13/87 to BCC from Gulf Coast Roofing
Co., Inc., advising that they have furnished roofing, labor
and materials for improvements to Marco Island Community Park
(Phase I). Referred to Neil Dorrill, Kevin O'Donnell, Cliff
Crawford and fil~d,
,
'Ohneral For~ St~tUB Inquiry dated 01/13/87 to BCC, Bond No.
,,9486S7-86 ,Contractor: Harper Bros., Inc., for Immokalee
Community Park, Phase I, Pak II, Bid Package 6 Paving,
Contract Price $58,832.83. Referred to Neil Dorrill, Kevin
O'DonÁell, Cliff Crawford and filed.
10. Lettet'dated 09/24/86 from Rita J. Roehr, Chairman, regarding
-~, the~cal Government Comprehensive Planning Act. Referred to
, Neil'Dorrill, Nina Neal, Dr. Proffitt, Jane Fitzpatrick and
-ffled. '\ .~, - '.
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11. Letter dated 01/12/87 from C. C. Barrett, Jr., Manager of
Programs and Contractual Services, DOT, enclosing Notice of
Announcement of Funds for the 80/20 Cooperative Assistance
Program and Rule 14-89 governing the use of these funds.
Referred to Neil Dorrill, George Archibald and filed.
12. Notice to Owner from Hertz Equipment Rental of Ft. Myers
advising that they have furnished general equipment rental
for a landfill liner project located at Collier County
Landfill. Referred to Neil Dorrill, Bob Fahey and filed.
Page 51
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January 27, 1987
---
There being no further business for the Good of the County, the
meeting, was adjourned by Order of the Chair - Time: l:2S P.M.
BOARD OF COUNTY COMMISSIONERSI
BOARD OF ZONING APPEALS/EX
OFFICIÚ GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
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~H~, R., :MAN .
liS presented
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by the Board on ~~,. ër /;: ðr?
or liS corrècted_______~'
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