Loading...
BCC Minutes 10/14/1986 R Naples, Florida, October 14, 1986 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: CHAIRMAN: John A. Pistor VICE-CHAIRMAN: Anne Goodnight Frederick J. Voss Max A. Hasse C. C. "Red" Holland ALSO PRESENT: James C. Giles, Clerk: John Yonkosky, Finance Director; MaureelJ Kenyon, D(!puty Clerk; Donald B. Lusk, County Manðger: Neil Dorrill, Assi!;tant County Manager: Ken Cuyler, County Attorney; Bruce Anderson and David Weigel, AssiRtant County Attorneys: ^nn MCKim and David Weeks, Planners: Tern Crandall, Utilities Administrator: Kevin O'Donnell, Administrative Services Administrator; Ken Pineau, Fleet Management Director: George Archibald, Public Works Administrator; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 BCú, 088 ;:', 2(jf) '.''"'~---'''.......... &CO~ 098 PAr.: 271 October 14, 1986 Tape '1 Item f3 AGENDA - APPROVED WITH AMENDMENTS Commissioner Voss moved, seconded by Commissioner Has~e and carried unanimously, that the agenda be approved with the following amendments: 1. Item 9B2 re amencHnq Res. 85-200 Solid Waste fee schedule - continued to 10/2i/86. Item 12D added re L~ly Barefoot Beach. Item 12E added re r(.quest for school crossing guard at intersec~~on of San Marco Road and Sandhill Street for Tommie B&':'field Sche.ol. Item 12F ~dded re d]scussion of excess carry-forward from Tax Collector for FY 1)6-87. (Comm. Hasse) Item 12G added re approval of bonds for newly elected officials. 2. 3. .. . 5. Item '4 MINUTES OF 9/9/86 REGULAR; 9/11/86 SPECIAL; 9/16/86 REGULAR; 9/17/86 BUDGET; 9/19/86 SPECIAL; ANt 9/23/86 REGULAR MEETINGS _ APPROVED Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that the minutes of the meetings of September 9, 1986 Regular; september 11, 1986, Special; September 16, 1986, Regular; september 17, 1986, Budget; September 19, 1986, Special; and September 23, 1986, Regular be approved. Item UB1 ORDINANCE 86-68 RE PETITION ZO-86-13C, COMMUNITY DEVELOPMENT DIVISION, AMENDING flECTION 7.23 COMMERCIAL GENERAL, SUB-SECTION 7.23.b.1), PERMITTED PRINCIPAL USES AND STRUCTURES TO PERMIT EQUIPMENT REPAIRS AND SALES WHEN ASSOCIATED WITH EQUIPMENT RENTALS _ ADOPTED Legal notice having been published in the Naples Daily News on September 5, 1986, as eviden=ed by Affidavit of Publication filed with Page 2 .. .. .. ....'- _""""""'M_'.___..,~.....___ October 14, 1986 the Clerk, public hearing ""·3S opened to consider Petition ZO-86-13C filed by Community Developm?nt Division, amending Section 7.23, Com- mercial General Sub-3ection 7.23.b.l), permitted principal uses and structures to permit equipmænt repairs and sales when associated with equipment rentals. Planner McKim stated that the Zoning Ordinance allows equipment rentals, including lawn mowers and power saws as a permitted principal use in the C-4, Commercial General Zoning District, but for the repair and sale of these small engines, the Zoning Ordinance requires C-5 zoning because the repair and sa~e of rental equipment is a typical part of such a business anc it dhould be permitted in conjunction with the rental business. She .oted that staff originally requested that this amendment include onl~ the repair of rental equipment, but the CCPC recommended that Staff include the sale of equipment rentals in conjunction with the repair of rental equi,ment in the C-4 zoning district. She indicated tt.at staff revised the proposed ordinance and CCPC ag3in considered the fEtition and recommended approval. Commissioner Voss move~l, seconded by Commissioner Goodnight and carried unanimously, that t.he public hearing be closed. Commissioner Voss move~\, seconded by Commissioner Goodnight and carried unanimously, that t.he ordinance as numbered and entitled below be adopted and entered intcl Ordinance Book No. 24: ORDHIANCE 86-68 AN URDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SEC"ION 7.23 COMMERCIAL GENERAL, SUBSECTION 7.23.b.l PEJ~ITTED PRINCIPAL USES AND STRUCTURES ~CÚf: üUR w.: 272 Page 3 m¡; 088 w' 273 October 14, 1986 TO PERMIT EQUIPMENT REPAIRS AND SALES WHEN ASSOCIATED WITH EQUIPMENT RENTALS; AND BY PROVIDING AN EFFECTIVE DATE. Item f6B2 ORDINANCE 86-69 RE PETITION R-86-20C, COMMUNITY DEVELOPMENT DIVISION, REGARDING A REZONE FROM A-1 TO A-2 FOR PROPERTY SOUTH OF ALLIGATOR ALLEY - ADOPTED Legal notice having beel published in the Ndples Daily News on August 20, 1986, as evidenc·!d by Affidavit of Publication filed with the Clerk, public hearing W3S opened to consider Petition R-86-20C, filed by Community Developm,?nt Division, requesting a rezone from A-I to A-2 "ST" to better confo-m to surrounding zoning for property south of Alligator Alley and five miles east of Everglades Blvd., consisting of approximately 1,920 acre:,. Planner McKim stated th,¡t when the Zoning Ordinance was adopted by the Board of County Commissloners in J~nuary, 1982, Staff recommended that property in Sections 1. 2, 12, 13, and 24, be zoned A-I, but at the public hearing, propert~1 owners from Sections 2 and 24 requested that th~ir property be zoned A-2 and the Board agreed. She said that when the final maps were prepared, lands in all five sections were designated A-2 and until Auqust I, 1985, Staff waB unaware of the error and anyone requesting the zoning in Section 1, 12, and 13 was told that it was zoned A-2. She reported that the NRMD prepared the Environmental Impact Statemant and recommended that the property be rezoned to A-2 "5T" because of the native species throughout the pro- perty and the wetland character of some of the acreage. She stated that this property is within the Big Cypress Area of Critical State Page 4 - - - .......-......--""- October 14, 1986 Concern and the Comprehellsiv2 Plan ha~ specific requirements for deve- lopment in this area. She i:1dicated that the "ST" zoning over lay would comply with the Comprehensive Plan. She stated thal this pro- perty is also within the CARL area and is on the list of lands, pre- pared by the DNR, to be purchased by the State. She reported that the CCPC considered this petition on September 18, 1986, and recommended approval subject to the property being rezoned from A-l to A-2, with no "ST" designation as they felt that since this was the County's error and anyone requesting the zoning of this property for the period of 1982 through 1985 was told that it was zoned A-2, the property should be zoned A-2 with no "ST" overlay. She stated that at the CCPC hearing, four people spoke in favor of the rezoning, with the deletion of the "ST" overlay and no one spoke against the petition. She concluded by stating that two letters and numerous phone calls in favor of this petition were received. Mrs. Charlotte Westman questioned if this would be inconsistent with the Comprehensive Plan, as the Executive Summary states that the Comprehensive Plan contains specific requirements for develoþment in this arca and the "ST" zoning overlay would comply with the Comp Plan? Planner McKim stated that this would not be inconsistent with the Comp Plan, noting that therc! are other sections in areas of critical concern that do not have "S~'" over lays and the State must still review these properties according to the Statute. Commissioner Holland moved, seconded by Commissioner Voss ~nd ! GO~ ŒJR ";.: 274 Page 5 '."--"."---'^'. &CO~ U98 W~ 275 October 14, 1986 carried unanimously, that the. public hearing be closed. Commissioner Holland movE,d, seconded by Commissioner Voss and carried unanimously, that th. Ordinance as numbered and entitled below be adopted and entered into '·rdinance Book No. 24 subjeot to the following stipulations: 1. Sections 1, 12, and 13, Township 50 South, Range 28 East be rezoned from A-1 to JI.-2 wi th no "ST" overlay designation. 2. Any establishment reG~iring a CCPHU pelmit must submit plans for reviûw and approval by the Environmental Health Department. OF.DINANCE 86-69 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 50-28 BY CHANGING THE ZO~'ING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCJ\TED SOUTH OF ALLIGATOR AI.r.EY (SR-84 , APPROXIMATELY 5 MILES EAST OF EVERGLADES BOULEVARD, SECTIONS 1, 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 28 EAST, + 1920 ACRES, FROM A-1 TO A-2; AND BY ~RùYIDING FOR AN EFFECTIiE DATE. Item UB3 ORDIN~CE 86-70 RE PE:ITION F.-86-23C, VINES' ASSOCIATES, REPR. MICHAEL O'HARA REQUESTING RE20NE FROM A-2 TO PUD ~OWN AS LAUREN PINES EAST OF FOXFIRE - ADOPTED Legal notice having been published in the Naples Daily News on September 5, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing wa~ opened to consider Petition R-86-23C, filed by Vines & Associates, representing Michael O'Mara requesting rezoning from A-2 to PUD kno~n as Lauren Pines for 144 multi-family dwelling units on the south side of Radio Road east of Foxfire, con- sisting of 20.88 acre3. Page 6 - - - October 14, 1986 Planner Week~ stated that this petition was previously heard by the Board on April 18, 1985, under the name of Foxburn and was denied. He noted that the pe:i~ion hüs been resubmitted with three major changes (1) the moderat~ priced rental housing has been deleted; (2) the minimum unit size has been increased from 600 square feet to 1,000 square feet; and (3) the petitioner is submitting his own pro- perty appraisal which results in a larger payment to the County in lieu of land dedication for a neighborhood park. He indicated that lands to the south are zoned A-2, Rural Agriculture and are undevelo- ped; and lands to the west ace zoned A-2 'and PUD, which is Foxfire. He noted that the proposed rEsidential project should be compatible with the adjacent resi~entia: properties and that this project complies with the Comprehens:ve Plan, adding that the density was achieved in part by committing to a payment-in-lieu-of-land dedication for a neighborhood park. He stated that the Parks & Recreation Department did not want land donated as it would only be 1/3 of an acre an~ they do not want smdll parcels allover the Cou~ty, adding that they WOL<ld prcfer Lo ha'/e the money in order to purchase a site in the general area for a neighborhood park. He noted that the County requested a payment of $6,00) and the developer offered $35,000 at the time that the petition was d·~nied. He noted that the developer had an independent appraisal done,~hereby, the payment-in-lieu-of-land was determined to be $25,000. H: stated that Staff has no objection to this petition subject to ame1dment of the PUD document. He indicated Page 7 %)~ UUR r~·: 27ô '>--~_.. m~ 098 w, 277 October 14, 1986 that the CCPC held their public hcaring and recommended approval suh- ject to Staff's stipulation liith the additional stipulation that the amount of payment-in-lieu-of-land ded:~ation be $25,000, the amount reflected in the independent appraisal prepared for the developer. He stated that no Qne spoke for or against the petition at the CCPC hearing. He indicated that :he name of this propcrty was changed from Foxburn to Lauren Pines becaJse of the name Foxburn being similar to Foxfire which is adjacent to the property. He stated that Staff rccommends approval subject to the stipulations, adding that all the changes have been made to tha PUD document. In ~nswer to Commissioner Hasse, County Attorney Cuyler stated that the figurp. of $25,000 is supported by the independent appraisal and the $35,000 was what Mr. O'Mara offered in good faith, adding that he is still willing to offer $35,000, but the amount tied to the appraisal is $25,000 which is what would be required and is, there- fore, not appropriate to consider the $15,000 as being part of the rezoning request. Commissioner Hasse questioned if this money would be used in the Golden Gate Park as it is tr.e closest park to the development, to which County Attorney Cuyler stated that the intent is to use this money in a neighborhood parK, but the BCC has the discretion to transfer the money to a courty park if there is no neighborhood park as long as it is to the bene·f i t of the residents of that project. Mr. William Vines, repr~senting the petitioner, stated that this Page 8 - - .. .."'_._....._..~ October 14, 1986 proj£ct had some objectional features which have been resolved. He stated that the payment-in-lieu-of land will be made prior to any building permits being issued and the moderate income housing has been eliminated from the project. He noted that the project has an unu- sua1ly large amount of open space and lakes. He noted that the sizes of the dwelling units have been upgraded and he is requesting approval of this petition. Assistant County Manager Dorrill questioned if there is a utility easement involved on the we=t side of the project, to which Utilities Administrator Crandall replied affirmatively, adding that this was discussed with the petitionEr prior to the meeting, as an easement will be needed for a seher Jine. He stated that the petitioner has verbally agreed to granting a 15 foot e~sement in the future. Mr. Viúes indicated that the petitioner has agreed to the granting of this easement, adding thét if the underground sewage transmission line is installed after the project is developed, the County will correct and put back any di~;tur~a~ce that may occur due to installa- tion. C~¡":.rid:~~.'b~ ~tor. quef;tioned when the project..w.i~L .bf;?gin,. to '1,' w.9.ic~ .11~...~. .·Yir;es . s ~·~.teq :.~h.P t the Þe~i tioner .~xI27.c.ts' t:O·:be..~~akin9 ." . grouna w~~ti.I1;,.~.,as SOOIJ as the detaU~d englriêeri.ng plans ace completed. Tape f2 Commissioner Voss moved,. s==onded by Commissioner Goodnight and Page 9 BCüf- QOB 0;,.: 278 , """"-""""'~"-'---"'~""'~~ &CO~ Q98 .~, 27D October 14, 1986 carried unanimously, that the public hearing be closed. Commissioner GoOdnight moved, seconded by Commissioner Hasse anð carrieð unanimously, that the Ordinance as numbered and entitled below be adopteð and entered into ordinance Book No. 24 subject to the Petitioner's Agreement anð the Petitioner granting the 15' utility easement: ORDINANCE 86-70 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING ~T-ZO"8 70R THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-3 BY ~IHG THB ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LAUREN PINES FOR 144 MULTI-FAMILY DWELLING UNITS FOR PROPBRTY LOCATED ON THE BOUTH SIDE OF RADIO ROAD, JUST EAST OF THE FLORIDA POWER AND LIGHT TRANSMISSION LINE, WHICH FORMS THE EAST BOUNDARY OF FOXFIRE PUD IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, + 20.88 ACRES; AND PROVIDING AN EFFECTIVE DATE. Page 10 - - .. October 14, 1986 .' Item f6C1 RESOLUTION 86-196 RE PETITION SNR-86-7C, W~YNE JENKINS REQUESTING STREET NAME APPROVAL FOR JENKINS W~Y - ADOPTED Legal notice having been published in the Naples Daily News on September 28, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public heac,ng was oper.ed to consider Petition SNR-R6-7C, filed by Wayne J!nkins requesting street name approval for Jenkins Way which runs east and west approximately 1/2 mile Eouth from the intersection of Brantle:' Boulevard and Garland Road. Planner McKim stated that the petitioner is requesting this street name for EMS and mailing pUJ'poses. She stated that no other street has this name. She.ndicated that this request requires an affirmative super majority "ote for approval. She stated that Staff is recommending approval. Mr. Jenkins stated that he would like to name this street as his last name as his brother established this road and he is the last generation in Collier Count:,. He stated that he is the only one that lives on the road. Commissioner Goodnight I~oved, seconded by Commissioner Holland and carried unanimously, th~t the public hearing be 010se4. Commissioner Goodnight Jnoved, seconded by Commissioner Hasse and carried unanimously, that R.solution 86-196 re Petition SNR-86-7C, Wayne Jenkins, requesting s~reet name approval for Jenkins Way be adopted. Bcer. 09R w: 280 Page 11 .__..,._.~.'"'-."'.~--_.... October 14, 1986 Item '7B1 RESOLUTION 86-197 RE PETITION ÞU-86-ltIC, ASBELL, HAINES, DOYI,E , PICKWORTH, REPR. PETRO LANE (IAS SERVICE, REQUESTING PROVISIONAL USE "C" OF THE "I" ZONING DISTRICT )'OR BULK STORAGE OF LIQUID PETROLEUM GAS ON THE EAST SIDE OF COMMERCIAL BLVD. - ADOPTED Planner Weeks stated th¡lt the objective of this petition is to develop the site with a bul}: stcrage ~acility [or liquid petroleum gas. He noted that all surl'ounding lands are zoned I-Industrial and lands to the north, east and south are undeveloped. He indicated that the Zoning Ordinance provides for the wholesale storage of liquid petroleum as a provisional IJse but that such storage shall not be located within 500 feet of a residential district. He stated that approximately 465 feet east of the east property line is a residential district known as Briarwood PUD. He indicated that in order to meet the 500 foot requirement, tile storage tanks and pump must be located a minimum of approximately 35 feet ~est of the east lot line, adding that this should not presen'; any site planning problems as the sub- mitted plan shows the tanks and pump in excess of 35 feet from the rear lot line. He reported that directly to the west, across Commercial Blvd., is a single-family residence, a nonconforming use/structure in the Indust¡· ial District,' addin'g' that this ~;~~"sidenëe is approximately 165 feet from the proposed location of the closest storage tank and the safety of this residence and it's occupants, as well as the safety o~ the e):isting and future industrial facilities and perLonnel in the vicinit:y, is of concern, but Staff beJieves this concern can be alleviated w~th the provision of appropriate safety Page 12 5crJ{, G9R r;: 282 "---... &co" 098 PA',: 283' October 14, 1986 measures, especially thos~ rc!commended by the local fire department. He stated that one stipulation that he would like to point out is that the East Naples Fire Department will require a fire hydrant within 500 feet of the proposed LP gas ~;lorage facility and another stipulation is that a fixed water spray fire control system in accordance with NFPA 58:3-10 and NFPA 15 shall be installed at the proposed facility. He stated that this type of ~ater spray system is activated if there is a gas leak and a fire shoLld result, then water would be squirted on the tanks to keep them cocl so they do not explode. He indicated that the petitioner has agreed to this type of system. He noted that the CCPC held the ir public hearing and recommended approval subjèct to the stipulations contained in the Executive Summary. He said that two people spoke against the petition, noting their concerns were for safety of nearby properties. He reported that no one spoke for the petition and one letter of opposition was received expressing safety concerns and the concern of i~creasing insurance costs for the busi- nesses in th~ area. He indic3ted that Staff is recommending approval subject to the stipulations. Commissioner Pis tor questioned if the fire hydrant is centrally located so that the Fire Department has no problem with access to the hydrant or does not have to drag hoses allover, to which Planner Weeks stated that the fire hy,jrant is located in the center of the property and just off-center of the entrance and, therefore, hoses would have to be dragged one ~ay or another a few feet. Page 13 - - - ,.-',---'.....,- October l4, 1986 Commissioner Hasse questioned if this is for commerical purchases only or if retail people could come in and fill their small tanks, to which Mr. Weeks stated that :hlS is n~t for retail sales, adding that it is for trucks to com'~ in and refuel and then go off to busi- nesses and residences. Attorney Donald Pickwortl, representing the Petitioner, stated that this facility is simply a storage yard and refueling of petrolane trucks. He stated that it i3 an unmanned facility and will make ser- vice faster to the E. Naples and Marco Island area as tJJe facility at this time is in Bonita which takes considerable time going back and forth to refuel. He noted tlat the trucks would come in about twice a day to refuel. He stated th3t the facility will be completely fenced with c~ain link fence and barbed wire, adding that all criteria for the provisional use has been met. He noted that the Petitioner agrees to the installation of a fire spray system, adding that he has been given a list of standards and criteria for this. He noted that there will be a fixed water system also which will be designed by a licensed fire protection engineer and will be superior to the fire spray system; all valves will be automatic, so if there is any malfunction all valves shut off and bet~een the two systems, there will be state- of-the-art equipment. He stated that this type of facility is a good neighbor with a low intensity use. He noted that the State has strict codes that must be aclhered to as well as being State inspected and lic~nsed. He stated thilt he is believes that this facility will Page 14 BGÛi~ [jOB r: .: 2t,4 ...."'-_._-''''~"_...- ----....,.- "'-'''''--'''---... &CQ~ Q98 W: 2H5 October 14, 1986 be a safe one and he is requ.~sting approval of the petition. Commissioner Hollðnd que:ltioned where th~ fuel will be transported from, to which Mr. Arthur Ta~lhelm, representing Petrolane, stated that this gas will be transp()rted in from Tampa at a rate of 10,000 gallons and will then be hau:.ed out in trucks at the rate of 2,000 gallons. He stated that the main tank holds 60,000 gallons. commissioner Goodnight moved, seconded by Commissioner Holland and carried unanimously, that Renolution 86-197 re Petition PU-86-14C, Petrolane Gas Sexvice be adopted, subject to the Petitioner's Agreement and Pinding of Fact. Page 15 - - - m~ 098 p~~~ 291 October 14, 1986 Item I8A COU~"TY ATTORNEY TO RESEARCH :?ROHIBITING OUTDOOR ADVERTISING BY POLITICAL CANDIDATES Þ.ND REPORT BACK TO BCC WITH FINDINGS Mr. Henry Maxant stated ':tat he is requesting that the Board con- sider the adoption of an ordlnance prohibiting outdoor advertising in the County by political candidates, as they are unsightly on County roads. He indicated that thf! City has control of these matters and the County should too. He s~ated that this type of ordinance should also apply to other advertislng as these signs clutter the landscaping and are eyesores and tha resldents of this County should not have to live with this, Commissioner Pistor ques':ioned if this type of an ordinance would present a problem, to which County Attorney Cuyler stated that he would like to research the m.!tter as well as get some input from Staff and then return to the Board with a report. Commissioner Holland indicated that the City requires people to obtain í! permi t to put up a :3ign and the County could do the same thing. Commissioner Pistor Rtat8d that this request is asking that the signs be eliminated. Commissioner Holland sta:.ed that this is infringing on people's rights to advertise and ther8 are a lot of people that would not be too pledsed about that. He 'Jtated that they could be required to obtain ð permit and also re~l"ive permission from the landowner to display their sign, adding that this would give the County some Page 16 ; , 1- - - ~ "·""_~·",_·~1"',,",~~.,..,,"."_.., ""-"'.... .._----""..,~ October 14, 1986 control over the signs. Commissioner Pistor indif:ated that tho County Attorney will researoh the matter and repo:t back to the BCC. ***** Recess: 10:10 - R,!convened: 10:15 A.M. ***"'* Item t8B COUNTY ATTORNEY DIRECTED TO INVESTIGATE AN ORDINANCE REGARDING PROTECTIVE LIGHTING FOR BE" 'rURTLES Ms. Mary Adele Donnelly Jf the Sea Turle Rescue Fund gave a slide presentation on Seð Turtles 3nd asked that the County consider passing a protecting lighting ordinance for Sea Turtles. She indicated that the Sea Turtles nest from May to September every year; that they dig a nest chamber and lay approxi~ately 120 eggs, bury them and then leave them and 60 days later the h3tchlings are born and go from the nest to the ocean. She noted that the problem comes in when the little turtles get confused by all the lights as when they leave the nest they normally follow the light on the horizon and on a darkened beach that light would be reflectej from the ocean and, therefore, they would head toward the water. She stated that with the artifical lighting that is along the b~ach, the little Sea Turtles become con- fused and head inland, where they deplete their energy rese~~e, become ,.,.- . dehydrated and pre:; to other animals. She noted thä£ 'Brevard·'tourity ...' has passed light legislation and this County needs to do the same thing. She indicated that t~e lights could be low level that do not glare beyond property lines. She indicated that street lights could be shielded. She stated that she is requesting that this ordinance be Page l7 6COK a98?~,:~ 2Ð2 ,...-.--"......._- ..______..'m"""'__...···" """""...,"_...._,,......,..._...,~<__"__,_ am (198 W,: 293 October 14, 1986 in effect from the 1st of MðJ until October 31 ðnd that no lights be seen on the beach after ll:OiJ P.M. She indicated that ð lot of coun- ties are passing this type of ordinance, ðnd Volusia, St. John's and Indiðn River are working on this ordinance. She noted thðt the lighting from homes does not seem to confuse the little turtles as it is not as high intensity as outdoor lighting and most people have their drapes drawn or are in bed by eleven at night, which is usually when the turtles start cominç on the beach as they wait until the tem- perature is down as the sand is cooler. Commissioner Pistor directed that Ms. Donnelly work with the County Attorney in regards to this matter. Item HAl PETITION MP-86-6C, COLLIER COUNTY PUBLIC WORKS DIV., REQUESTING TWO FOOT EXTENSION FROM THE HEIGHT LIMITATION OF A FENCE FROM 6' TO 8' FOR CLAM PASS PARK LOCATED IN THE SOUTHWEST CORNER OF PELICAN BAY PUD, WEST OF SEAGATE DRIVE - APPROVED Planner Weeks stated that the objective of this petition is to construct a privacy wall 8 fe~t high, adding that to the north is the Registry Hotel and Clam Pass ?ark and to the south is Seagate Subdivision, which contains single-family residences. He noted that on May l3, 1986, the Board aworded a contract for construction at Clam Pass Park including the boardllalk, parking facility and privacy wall. He stated that during this diflcussion an agreement was reached between the County and the homeowners in Seagate Subdivision that a portion of the 1,100 foot long privacy w~lll would be constructed 8 feet high, thus the need for a 2 f00t hejght extension. He stated that the PUD Page 18 - - .. -'--""""""""'",..._...~.,.-^."",-~~~.......,-_.- , . . ' October 14, 1986 district regulations sets f')rth that the Board, upon recommendation by the CCPC, may approve minor change~ in the location, siting or height of buildings, structures, and improvements. He reported that this eliminates the need for a t'¡pical height or setback var iance required for other zoning districts. He indicated that the Zoning Ordinance allows fences up to 8 feet in height in commercial districts and the park will have the characte, of a commercial use with it's high volume of traffic and accompanying noise aîd glare, and because of this, it seems appropriate to allow 3n 8 foot high wall to lessen the noise, glare and visual impact upo~ the residential neighborhood. He indi- cated that Staff has no obj'~ction to '_.:e proposed two feet height extension. He noted that tle CCPC held their public hearing and recommended approval of thi:3 petition. Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that P·!tition MP-86-6C, Collier County Public Works Division, for a two f"ot extension of a 6 foot fence at Clam Pass Park be approved. Item UB1 SEPARATION OF THE BEACHWAL~ DRAINAGE SYSTEM FROM THE NAPLES PARK D~INAGE SYSTEM BY APPROVIN'J THE INSTALLATION OF A STORM-DRAIN PIPE ALONG THE SOUTH SIDE OF 91S'r AVENUP. - APPROVED Public Works Administrator Archibald stated that this item is an attempt to take a second lo)k at the drainage system of the Beachwalk development with the goal t) separate the drainage from the run-off that serves Naples Park. He stated that the Transportation Department Page 19 BCû~ OUR ~;: 2U4 ----""-,,.,,-- &GO~ 098 F.\r,: 2D5 October 14, 1986 designed and estimated the 80st of storm-drain pipe to be installed along the south side of 91st Avenue for a distance of approximately 2,800 feet, adding that it is designed to provide an outfall for the Beachwalk development separate from the Naples Park outfall canal located between 9lst Avenue and 92nd Avenue at an estimated cost of $51,000. He noted that the material is approximately $25,000 and the labor involved would be $26,000. He indicat~d that the Beachwalk developers have offered to subsidize the proposed cost in an amount of approximately $25,000 which exceeds the commitment the developer had for installation of drainage improvements prior to development of the storm-drain system planned along the south side of 9lst Avenue. He noted that an additional drainage improvement that is necessary is the installation of an additioral pipe underneath Vanderbilt Drive to increase capacity between the east side of Vanderbilt Drive and the Vanderbilt Lagoon along thE' west side. He indicated that this par- ticular improvement has already been scheduled and budgeted for 1986-87 but confirmation 01 the improvement is necessary both from the standpoint of handling addi.tional water from Beachwalk and handling additional water from Naples Park. Commissioner Pistor stnted that this should avoid further problems but will not correct the drainage problems that are in Naples Park. Mr. Archibald stated that they are in the process of coming up with a list of consultants to undertake the overall study of Naples Park on a long-term ba::;es to determine the drainage needs and resolve Page 20 - .. - October 14, 1986 the problems. Tap. f3 The following people spcke in favor of the need to proceed with the proposed design of the connection of the Beachwalk outfall into the Naples Drainage system et 9Jst Avenue and Vanderbilt Beach Drive: Lucy Veccia Robin Borden Richard Wood (for himself) Richard Wood (for Chairman of Naples Park Association) The fOllowing people spoke against the wall that is being constructed at the Beachwal~ Development citing the fact that it will adversely effect the environment, creates a visual impact, and will stop the breeze: GeorgE' King George Keller Commissioner Hollan4 mo"ed, seoonded by Commissioner Voss and carried unanimously, that the proposed plan to install a storm-drain on the south side of 91st A',enue be approve4; that the Transportation Department procae4 with gaining final permit approval and the installation of the storm piper and that a budget amondment of $25,000 from the 4eveloper's donation be place4 in an expen4iture account in or4er to buy materials. Item 9B3 RESOLUTION 86-198 AWARDING CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR "VEHICLES FOR HIRE" - ADOPTED Flep.t Management Direct~r Pineau stated that this is a recommen- dation for various companies to be awarded Certificates of Public Con- venience and Necessity for "Vehicles for Hire" who meet all the Page 21 BeOK []98 P~', 2gB -~·"""···~·""'·····"···"·'''''·'"'''·'~''''M '"__._,--,,,,-,..,,~.''' _.""'.""'-;~'-.---"'.---' m~ 098 p~r,~ 297 October 14, 1986 requirements of Ordinance J6-4, but did not have an occupational license prior to January 21, 1986. He indicated that the PVAC is now recommending approval of Boca Limousine Service as they have e~tablished an office withln Collier County at 239 Collier Blvd. He stated that with reference to Florida Tour Lines, the PVAC recommended approval for a limo certif_cate as that would be the only vehicle that would be located permanent..y in Collier County, adding that SInce that time, Florida TOt1r Lines hils proven that they will maintain a bus and van at all times in the County and, therefore, the PVAC is recommending approval of all three cate~lor ies. He noted that the Resolution will have t("\ be amended to include vans, buses, and/or trolleys. He stated that PVAC has also recommerlded approval of a bus/trolley certificate for MBI and a taxi, van, arlù limo certificate for Courtesy Cab. Mr. Ocy Richardson stated that Courtesy Cab should not be granted a certificate as there has been some unethical business practices in which he has been involved. Mr. Robert Hines, representing Courtesy Cab, indicated that he has three letters indicating that he has provided good service to the com- munity and he is requesting that the Board approve his certificate. Commissioner Pistor stated that the letter he saw indicated that Courtesy Cab is answering Yellow Cab calls, which is illegal. Mr. Russ Baisley of Courtesy Cab stated that his radio system is 800 megahurts and is not ca~able of scanning drop channels. He stated that he would urge the Commission to investigate the matter thoroughly Page 22 - - .. October 14, 1986 as he is not guilty of any unethical business practices. Assistant County Attorr.ey Anderson stated that the charges that are raised in the letter are not in violation of the County ordinance. Commissio~er Pistor questioned if the PVAC's recommendation could be accepted and look into this matter further and come back with it at a later date? Commissioner Holland st3ted that he would like to see this matter go back to the PVAC on October 30, and then come back to the BCC on November 4, 1986. Commissioner Holland moved, seconded by Commissioner Hasse, that the other three companies bu approved, but that Courtesy Cab be sent back to the PVAC and then rE,turned to the BCC on November 4, 1986. Mr. Baisley stated that he has no objection to the allegations being checked into, but he ~ould like to be able to operate and cannot do so without his certificate. Tape '5 In answer to Commissioner Hasse, Assistant County Attorney Anderson stated that everyone has been operating, but all applications have to be acted on by Noverrber 1, 1986, 50 that everyone will be in conformance with the ordinance. He stated that if this goes back to the PVAC for a hearing, the BCC may have to appear and the Board may also have to have the writer of the letter present, noting that the letter contains an Oklahoma address. He stated that there is no action that the Board could take if there is a federal communication &CD~ 09R Þ~",r 2gB' Page 23 . --.,"~. -"-'-" __.,___",.<..,.,-'.«4"",....... &GOK 09S PA"t 299 October 14, 1986 violation involved. Deputy Chief Barnett st~ted that there is a statute regarding eavesdropping and they would be prosecuted. Commissioner Hasse withdrew his second. There being no second, the motion died. Commissioner Voss moved, seconded by Commissioner Goodnight and carried 4/1, (Commissioner Holland opposed), that Resolution 86-198 awarding Certificates of Public Convenience and Necessity for "Vehicles for Hire" for Boca Limousine service, Florida Tour Lines, M.B.I. Transport, and Courteay Cab be adopted with Florida Tour Lines being amended to also include van, bus/trolley. Page 24 . ~ - - - "-...,.q..........-, 'A _ _'".,.."o>......"'__,_.._~~,._...~~..,_~~.~_'"_~_,.,,"..... aoo( 098 P~(J:. 309 October 14, 1986 Item 'UD RESOLUTION 8~-199 EXPRESBIN( SUPPORT FOR THE STATE'S PURCHASE OF 2,400 FEET AT THE SOUTH END OF LEJ,Y BAREFOOT BEACH AND 8.8 ACRES FOR USE 1.8 A PARXING SITE AT THE NORTH E~D OF LELY BAREFOOT BEACH - ADOPTED Mr. Richard Klaas, pres:dent of Lely, stated that the State of Florida approached him regal'ding saving beaches for use by the public under the CARL program, not:,ng that originally the State was to purchase 1,800 feet at the !;outh end of Barefoot Beach. He stated that the idea of tradln,J 600 feet at the north end of that 1,800 feet was discussed, which would give the State 2,400 feet plus the mile .that they already 0''10, which would total approximately 1-1/2 miles of beach. He noted that by doing this, there would be a problem in access, adding that a street, a parking lot, and a boardwalk would have to be built on State pJ'operty, which would be between Vanderbilt Beach Road and Lely BarefooL Beach and is environmentðlly sensitive. He stated that th¿ people in Hickory Bay want to keep the 600 feet of beach and have the parking lot put in that Lely agreed to put in as part of the PUD in 1978. He, stated that this happened on September 23rd and he indicated that ~e would call Better Roads the next day to start the parking lot. He stated that he came up with a proposal the following day whereby the State would purchase the 1,800 feet on the south end, ~ely provide an Extra 600 feet and the State purchase a total of 2,400 feet on the teach and then the State purchase the 8.8 acres at the north end for a parking lot ðnd run a tram or bus from th~ north end to the State ~each. He stated that in this case, the Page 25 - - .. ",,,.^,,,~,,.,,-..-,,,--,,,- ,.,',........_,_... . . . ' October 14, 1986 State Jets the 2,400 feet thE'y are concerned with, as well as a large parking lot, and will save sE,veral million dollars by going from a boardwalk to Vanderbilt Beach Road to the parking lot. He stated that fcom an environmental point e,f view, the sensitive land would not have to be crossed. He indicated that the parcel in the north end is pre- sently zoned for 110 units, end under his proposal, he would move 50 or 60 units off the beach ancl onto the back parcel, which is known as Tract "H" and is zoned for 7(1 units. He noted that if this was done, there would be two units per acre for density end would be a beautiful project. He noted that the Conservancy would be happy with this as the environmentallJ sensitive land would not be touched and the people in Hickory Bay should also be happy because they would not only get 600 feet of beach, but an additional 130 feet, as well as the one acre parking lot and an 8.8 acre parking lot. He stated that as far as the State goes, when the propert~ opens up, access would be during daylight hours, but accordin9 to his proposal, a tram or bus would carry everyone at designated times and hours and a count could be taken as to how many go in and out, so that no one would be left on the beach. He stated that he met with various groups and everyone's concern is that the parking ~ot for 100 cars be put in immediately as no one wants to wait for the State to move forward. He stated that in 1981, a sketch was drawn up for a 100 car parking lot that was bid on. He stated that Better Roads lias the best bid in the amount of $30,850. He stated that the petmitting has to be approved and proceased before ðGO~ 098 w'~ 310 Page 26 ~",,,,.....,,-,,_,,____.<. ,n___" __._....".,.....""._.m ...."'...",..............,.....,____.....__ " mK 098 PAr.: 311 October 14, 1986 the parking lot can be buil~. He indicated that the parking lot will , have to be blacktop or conc,et~ according to the County ordinance, even though people would pr~fer to have a pervious surface. He stated that he has a sketch of the parking lot that was done in 1981, the proposal by Better Roads to install the parking lot, and a check in the amount of $30,850 to Better Roads and would like to offer them to the Commission and ask that they hold the check, but speed up the pro- cess on getting the parking lot permitted, have Better Roads put it in, and then pay Better Roads the 530,850. He stated that he hopes that this will make everyone happy, but he woutd like to indicate that when the State takes over the 8.8 acre parking lot, this 100 car parking lot will probably be bulldozed out and the new parking lot put in. Commissioner Hasse stated that the parking lot should be put in and the access to the beach and then it can be discussed with the State, adding that everyone wants the State to take as much of the land as possible. Mr. Klaas stated that tte State needs to know that the Commission is behicd them. Commissioner Voss 3tateò that the State committee is meeting shortly and the Board needs to take action indicating that this is the proposal, adding that it cannot be delayed any longer. Tape '6 The fOllowing people spoke in favor of the State purchasing the Page 27 . ~ - - - -"_.,.',.._-~,_."",~".",,---,,.. .... _._"...._..-."." .'''''''0''__ , . Cctober 14, 1986 property, but against Mr. K~aas' proposal citing the need for the parking lot now; not wantin~J to wait for the State to purchase the land and build a parking loti having Lely live up to it's original PUD commitments of 1978; and ha'fÌng the parking lot deeded to Collier County and recorded: Dorothy Johnson Andy Clements Marjorie Ward (presented petition with 2,295 signatures demanding legal ac~ion for not fulfilling commitments.) Bill McLaughlin Rod Blades Tom Riddle Bud Matthews Emily Maggio George Keller Tape '7 Commissioner Voss moved, seconded by Commissioner Goodnight, that Resolution 86-199 expressinC} support for the state's purchase of 2,400 feet at the south end of Lely Barefoot Beach and 8.8 acres for use as a parking site at the north end of Lely Barefoot Beach be adopted. Commissioner Pis tor sta:ed that the permit for the parking lot should be approved by the end of the week so that Better Roads can begin building the parking lot ne^t Monday. Commissioner Hasse stat,~d that he would vote for the resolution providing it is held up for a period of time, until the parking lot is installto!d and deeded over t,) the County. He stated that if this can be done in a per iod of one '",eek, Lely should come back to the County then and ask for approval oE the resolution. Upon call for the question, the motion carried 4/1, (Commissioner Basse opposed). . " Page 28 m~ 098 p~r,: 312 .' .... .....c__,_"".'"'""""'..~.....o"·,,.,.___""""~_...___."_____"'~¥_~..... '. . &CO~ 098 PA(.[ 313 October 14, 1986 Mr. Klaas presented the check for the parking lot to County Attorney Cuyler to hold. - - - ~"~~''''"''_'.'~'' ...v~..,__. Page 29 October 14, 1986 Item I9Dl UTILITIES ADMINISTRATOR AUTHORIZED TO NEGOTIATE A CONTRACT WITH HOLE, MONTES , ASSOCIATES FOR ENGINEeRING SERVICES FOR THE NORTH COUNTY WATER TRANSMISSION PIPELINE Utilities Administrator Cr3ndall stated that he was authorized to send out RFP's for 36 and 30 i~ch water ma¡ns, adding that proposals were received from 13 firms, which were short-listed and interviewed, and the number one ranked firm was Hol~, Montes & Associates in asso- ciation with Wilson, Miller, Bðrton, Soll & Peek, Inc. He stated that he is aSking for authorization to negotiate a contract with the number one ranked firm. commissioner Holland moved, seconded by commissioner Goodnight and carried unanimously, that the utilities Administrator be authorized to negotiate a contract with Hole, Montes' Associates tor engineering services tor the North county Water Transmission Pipeline. ***** - Recese: 12:25 P.M. - Reconvened: 2:05 P.M. ***** Item I9B4 LIABILITY INSURANCE RATGS FOR TAXICABS - CONTINUED TO 10/21/86 Fleet Management ~irector Pineau stated that this is a request from the PVAC to lower the liability insurance for taxicabs from SO/lOO/20 coverage to the state minimum requirement of 10/20/10 coverage. He indicated that ~\r. Ocy Richardson attended a meeting in Orlando concerning insurance for the "Vehicle for Hire" industry, adding that it was reported at that meeting that 98% of all claims were settled for less than $2~,000, 76% were settled for less than Page 30 &¡;Q~ 098 PAr,: 316 .."".~_.- .' · ....,'. mK 098m~317 October 14, 1986 $10,000 and 60% were settled for hospital expenses and time off from work. He noted that Mr. Richardson believes that it is economically prohibitive to continue to operate under the current ordinance requirements. Mr. Pineau stated that the Risk Manager reviewed the proposal for reduced in~urance coverage and indicated that the Board should take into consideration the risk exposure to vehicle passengers, adding that the amount 0: existing coverage is minimal in consideration of both risk and the typical cost of severe passenger injury, particular accidents involving senior c]tizens. Risk Manager Rynders stated that she would recommend that the coverage remain as it is, adding that aside from the medical and liability coverage, the propE:rty damage coverage of $10,000 according to the State requirements is not sufficient. She stated that if an ambulance or more than one vehicle is involved in an accident, $10,000 would not be sufficier,t coverage. Commissioner Holland queBtic.ned how the County can mandate coverage, to which Assistant County Attorney Anderson stated that the State r-quires certain limit!! as a minimum, which must be met, and the County can require that thes'~ limits be higher. He stated that it is hard to predict what someone will file a lawsuit on, but if someone was severely injured and the:e was inadequate insurance, it is con- ceivable that the County may be sued because the County did not require the operator to have sufficient insurance. Page 31 - - - October 14, 1986 Ms. Rynders stated that these limits are the same as what was required last year prior' to the change in the ordinance and she would recommend that they be left ~s they are. Tap. IS Mr. Richardson stated that at the time of the rate increase, his insurance was $2,200 per veh~cle and as of September, the rate is $3,400 per vehicle per year versus $1,805 per vehicle for 10/20/10 coverage. He stated that he could understand an increase in property damage, but not the ,,',¡erall coverage. Commissioner Pistor statE,d that he would like to deter this matter tor a week and have Mrs. Ryn~ers investigate what insurance companies are charginq t~r rates, as w~ll as checkinq with other counties to determine what their requireDlents are concerning coverage. It was the general consensus that this Jtem be continued until October 21, 1986. IteJ:1 f9C1 ANNUAL REPORT OF THE COLLIER COUNTY FORESTER - ACCEPTED AS SUBMITTED Administrative Services J.dministrator O'Donnell stated that the County Forester is not able to be present this date and he would explain the report if necessbry. Commissioner Pistor indic:ated that the Board b"s .the repor~ and . . has har a chance to review it. Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that thfl annual report of the Collier County For.ster be accepted. &OO~ 098 PAf,[ 318 Page 32 ...,.... IGG( 098 P1(.\ 319 October 14, 1986 Item flOA EMERGENCY DECLARED. ORDIN~~CE 86-71 AMENDING ORD. 86-34 CORRECTING THE BOUNDARIES OF THE LELY f]OLF ESTATES BEAUTIFICATION MSTU - ADOPTED Assistant County Attorn:~y Weigel stated that this proposed ordi- nance is amending Ordinance 86-34 which the Board adopted on July 22, 1986, and is a companion to the resolution ordering and calling a referendum election to be h,~ld in the Lely Golf Estates Beautification MSTU to determine if the qu,11ified electors residing in the unit approve the levy of a tax nC)t to exceed one-quarter mill to provide for beautifyi~g and maintaining the median strips of the streets and public areas within the uni1:. He noted that the legal description contained in the ordinance contained a scrivener's error, adding that there is not sufficient time! to advertise this ordinance for a public hearing and, therefore, he ~s asking that the Board declare an emergency in order to adopt an ordinance so that the boundaries of the district are the same as the r~solution as called for in the referen- dum electi,=,n to bE' held NovE:mber 4, 1986. County Attorney Cuyler fltated that this would require a four- fifths vote of the Commissie'n. Commissioner Voss moved, seconded by Commissioner Goodnight and carrie~ unanimously, that aI. emergency be declared. Commissioner Voss moved, seconded by Commissioner GOodnight and carried unanimously, that Ordinance 86-71 amending Ordinance 86-34 by correcting the boundaries of the Lely Golf Estates Beautification Municipal Service Taxing UnIt be adopted and entered into Ordinance paq.·33 - - - __'_""11M......" . v . ...__",,""""_ ..... . """""._.,-,-------,~""".<., , -'""....";"."-"..._",,._...".,"~,~_.;_.""..,.~.._.~._- October 14, 1986 Book No. 24: ORDINANCE NO. 86-71 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 86-34 BY AMENDING THE BOUNDARIES OF THE T.ELY GOLF ESTATES BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR CONSTRUCTION AND SEVERABILITY, PROVIDING AN EFFECTIVE DATE. Item fllA ROUTINE BILLS - APPROVED FOR PAYMENT Pursuant to Resolution 81-150, the following checks were issued through Friday, October lO, 1986, in payment of routine bills: CHECK DESCRIPTION CHECK NOS. 149461 - 149484 AMOUNT Vendors $2,339,537.63 Item UID BUDGET AMENDMENTS &6-484/486 - ADOPTED Commissioner Gooðnight moved, secondeð by commissioner Voss anð carrieð un~nimously, that Budget Amendments 86-484/486 be aðopted. Item '12A RESOLUTION 86-200 APPOINTING CAROLYN TUFF AND RESOLUTION 86-201 APPOINTING LINDA SALAZAR TO THE IMMOKALEE LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTE! - ADOPTED Co~~issioner Gooðnight moved, seconðed by Commissioner Voss and carried unanimously, that ResoUltion 86-200 appointing Carolyn Tuff anð Resolution 86-201 appointing Linda salazar to the Immokalee Liqhtinq anð Beautification District Aðvisory Committee with their term expiring on September 23, 1988, be aðopteð. Page 34 &CO( 098 PAr,~ 3'20 ~ . I I ~ ',I' t" _._......&,-....."......... ....".~,.....,_.,_.."'"-,=--,-_.__.- -.___......,,_.... ..O,·,'-,,,.'-'__-..;""'"n....v......,,"'-',"''''''_,'*"'_.....,.....,,.,,''^''''~,,'''_"_.,,,..,__ 'COK 098 PAGi 3'Z3' October 14, 1986 Item '12B APPEAL OP IZMlI: WALTON LEACiUE RB COLLIER DRI I S EIS TO BE HELD OCTOBER 21, 1986 AT 2:00 P.M. County Manager Lusk steted that this appeal has been set for the agenda for October 21, 198€, at 2:00 P.M. He noted that the EAC upheld their appeal and also approved the DRI, but the Izaak Walton League still has a right to appeal it before the Board. Commissioner GoOdnight moved, seconded by commisoioner Voss and oarried unanimously, that the appeal hearing of the Izaak Walton League be held Octo~er 21, 1986, at 2:00 P.M. Item U2B SCHOOL CROSSING GUARD AT TH~ INTERSECTION OP SAN MARCO ROAD AND SANDHILL STREET FOR TOMMl¡;;9",RFIELD SCHOOL - APPROVED Deputy Chief Barnett stdtE~d that thf" intersection of San Marco Road and Sandhill Street has ever 50 children crossing there which meets the criteria for a crossing guard. He stated that there is no money in the Sheriff's Cont~ngency for this expense and he requested a budget amendment in the anount of $5,167 for a crossing guard if the BCC approves this item. Tape f9 Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that a school orossing guard be approved tor the interseotion of San Marco Read and sandhill Street for Tommie Barfield School and that a budget amendment in the amount ot $5,167 come out ot the contingency. Page 35 .. .. .. / October 14, 1986 Item f12C Bee MEETING TO BE MOVED FROM NOVEMBER 11, 1986, TO NOVEMBER 10, 1986 Assistant County Manager Dorrill stated that there is no adver- tised pUblic hearings for November 11, 1986, adding that Staff read- vertised one item for Novemb~r lO, 1986, in anticipation that there would be a meeting. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that tho Board meeting be moved from November 11, 1986, to Novembe~ 10, 1986. Item f12F DISCUSSION OF EXCESS CARRY-FORWARD FROM TAX COLLECTOR FOR FY-86-87 Commissioner Hasse questioned how the returned monies from the'Tax Collector I:ould be earmarked and put in a special fund to be sure that it cannot be used without Board approval? Clerk Giles stated that has been budgeted and has already been appropriated by the Board, adding that if the Board of County Commissioners so choices, the excess can be set aside for future years. Commissioner Hasse questioned if there was any excess from the Sheriff's money, to which Comnissioner Pistor stated that the Sheriff's money was taken intu consideration before the budget was adopted, therefore, there is no excess from the Sheriff. Clerk Giles stated that t~e extra $400,000 from the Ta~ Collector is what Commissioner Hasse war.ts to reserve so that it is not appropriated during the coming year. He stated that this can be done mK 098 P~SE 3'24 Page 36 'rinK U98 PAGt 3,5 October 14, 1986 if the Board so directs. Commissioner Vo~s stated t~at this money goes into the contingency and the Board has to approve it before it can be used. r.ommissioner Hasse stated that he wants to be sure that the Board has the final say on this money. County Manager Lusk stated that the money should be left in con- tingencies because there are always things that come up during the . year that have not been budgeted and this money would be needed. Ihm U2G BONDS FOR NEWLY ELECTED OFFICIALS - APPROVED commissioner Goodnight moved, seconded by Commissioner Holland and oarried u~animously, that the Þonds for the newly eleoted offioials Þe approved. . Page 37 .. - - - &CO( 098 PAC,: 32.9 October 14, 1986 ***** Commiysioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that the following items be adopteð and/or approved under the Consent Agenda: ..... Item 'l4Al BUDGBT AMENDMENT FOR COMPLEfION OF ALTERATIONS TO THB BUILDING CODB COMPLIANCE DEPARTMENT IN THE AMOUNT OF $50,000 Item. '14B1 BUDGET AMENDMENT FOR FUND 325 IN ORDER TO RECOGNIZE CARRY FORWARD REVENUB IN THE AMOUNT OF $210,534 Item 'l4B2 QUITCLAIM DEEDS ~D PARTIAL n~LEASES TO BE RECORDED REGARDING THE NAPLES PRODUCTION PARK MSTU ROADWAY ACQUISITION PROJECT See Pðges IbCl.lDent not received in Gerlt's office as of 10/21/86. Item 'l4Cl Bid '86-982 FOR SERVICES UNDER COMMUNITY CARB FOR THE ELDERLY PROGRAM - AWARDED TO UPJOHN HEALTHCAkB SERVICES, INC. , MEDICAL PERSONNEL POOL Legal notice having been published in the Naples Daily News on June 5, 1986, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid #86-982 for services under Community Care for the Elderly Progrðm until 2:30 P.M., June 18, 1986. See Pages -33 If.. - 3 47 Item U4Dl ACCEPTANCE OF WATER FACILITIEß FOR LELY SELF STORAGE - PHASB III _ S~BJECT TO STIPULATION 1. That all legðl docunents are found to be legð11y sufficient by the County Attorney. See Pages O.R. Book 1223, Paqes 1690-1695 Page 38 . ! - .. - October l4, 1986 Item 114D2 AGREEMENT WITH SUTHERLAND CENT~R PUD REGARDING INTERIM ON-SITE WASTEWATER TREATMENT AND DISPOSAL FACILITIES Se:! pagesYL/.Ý -350 Item '14El 1977 FORD BACKHOE/LOADER DECLARED AS SURPLUS PROPERTY AND PROPOSAL FOR PURCHASE FROM G , H ENTERPRISE Ar A PRICE OF $8,066.50 Item '14G1 EXTRA GAIN TIME FOR INMATE NOS. 47800, 14914, AND 42738 Item 114Hl CERTIFICATION OP RECOUNT - SEPTEMBER 30, 1986 ELECTION - ACCEPTED Se'~ Pages .:3S / Item '14Il RESOLUTION 86-202 AND CWS-IJ6-4 CONFIRMING THE BOARD'S ADOPTION ON APRIL 10, 1984, OF THE ASS ~SSMENT ROLL FOR YOUTH HAVEN ASSESSMENT DISTRICT Sel! Pages .3S¿;¡, -3S'f Item '14G MISCELLANEOUS CORRESPONDENCE - FILED AND OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated below: , - ............ .... .'-~'" -..; : "",. ". 1. Letter dated Septenber 23, 1986, from Jerry Rabion, Inmate Classification Supervisor, Apalachee Correctional Institution, advising that Inmate #1035l2, Case No. 8648CR was released on 9/23/8~ and has been ordered to perform 40 hours of community service. xc: Kevin O'Donnell; Filed. 2. Copy of a letter deted 9/26/86 to C & S Trust Compðny from James C. Gile$, Clerk, sending requested information relating to Collier County bonded debt to be refunded on 10/02/86. xc: Lori Zalka; Filed. Page 39 B(',û~ U98 p'\c,,330 .._--,_., - .,......."'~- ",.' .- ~'-_...,._<w ....'-.. ~ m~ 098 PAC.í 3'31 October l4, 1986 3. Memorandum dated 9/22/86 to Chief Elected Officials from Tom Lewis, Jr., AIA, Architect, Secretary, regarding Community Developme1t Block Grant (CDBG) program Annual Reports, and 9/26/85 letter from William K. Clark, Executive Director, enclosing copy of the First Semi-Annual CCE & Title III Refunding Visit Monitoring Report for Collier ':ounty Aging Program. xc: Neil Dorrill, Nina Small; Filed. 4. Letter dated 9/127/36 from Robert F. Kessler, Chief, Bureau of Local Res~urce Planning, aCknowledging receipt of materials specified For 9/0l/86 contract for the Local Government Comp Pla1 Assistance Program and release of the second payment 1~S been initiated and should be received within 30 j~ys. xc: BCC, Neil Dorrill, Nina Small; Filed. 5. Letter dated 9/30/85 from Tom Lewis, Jr., AIA, Architect, enclosing copy of RJles of the Division of Resource Planning and Management, Cha~ter 9J-16 and two application forms regarding revisio~s to comp plans. xc: Neil Dorrill, David Pettrow, Jane Fit?p3trick w/attachments; Filed. 6. Letter dated 10/02/86 from Douglas L. Fry, Environmental Supervisor, DER, en=losing short form application (File Nos. 1ll254835, ll1255445, lll255455, and 1ll255995), which involves dred~e and fill activities. xc: Neil Dorrill, Nina Small, Dr. Proffitt; 111255455 referred to George Archibald; and filed. 7. Letter dated 10/06/86 from Douglas L. Fry, Environmental Supervisor, DER, en:10sing short form application (File No. lll257589) which involves dredge and fill activities. xc: Neil Dorrill; David Pettrow; Dr. Proffitt; and filed. 8. Memorandum dated 9/22/86 to Interested Persons, from Greg Diehl, Planner, Bureau of State Lands Management, DNR, regarding Amendments to Chapter 8-18-21, Florida Administrative Code, and attaching notice of the workshops as well as the proposed changes to the rule. xc: Neil Dorrill; ~ina Small; Dr. Proffitt; and filed. 9. Copy of a letter dated 9/18/86 to Major R. H. McCullers, Florida Marine Patrol, from Major Glenn Keefer, Boating Law Administrator, enclosing a copy of ð resolution passed by the BCC requesting the establishment of an "Idle Speed-No Wake" zone along the Marco Island shore- line within the Gulf of Mexico. xc: BCC; Filed. Page 40 - - - ~.".".,......,,,,,",..,,.,,-~... ""-,,,"-"-_.. 10. October 14, 1986 Minutes of City of Naples meeting of 9/10/86 and 9/l7/86. Filed. 11. Letter dated 10/07/86 from James P. Ward, Assistant District Manager, Pelican Bay, regarding Pelican Bay Improvement District's Schedule of Fiscal Year 1987 Meetings - Board of Supervisors. xc: Filed. Letter dated 9/29/86 fro~ John R. Wodraska, Executive Director, South F)oriJa Water Management District, enclosing certific~te c~rtifying to the lands in Collier County lying within the boundaries of the SFWMD, and copy of Resolutions 86-l8 and 86-20, Adopting the Tax Rates and Certifying the Levy to the County Property Appraisers of the District and Adoption of Budget for Fiscal Year 1986-87. xc: Neil Dorrill; Lori Zalka; Sam Colding; Guy Carlton; John Boldt; and Filed. Letter dated 10/1/86 from Wayne E. Daltry, Executive Director, SWFRPC, requesting confirmation of the accuracy of the balances for fiscal year ending 9/30/86. xc: Joe Warren; Filed. 12. l3. 14. Letter dated 10/1/85 from Wayne E. Da1try, Executive Director, SWFRPC, attaching an assessment for membership of Collier County in the SWFRPC. xc: Nina Small; Filed. Letter dated 10/1/86 from Guy L. Carlto~ Tax Collector, submitting a statement for payment of cummissions due the Tax Collector for an amount equal to l/12 of commissions on County taxes levied on the county tax roll for the year 1985. xc: Joe Warren; Finance; and Filed. Lett~r dated 9/30/86 from Guy L. Carlton, Tax Collector, enclosing the Errors and insolvencies list for the tax year 1985 per Florida Statutes 197.492. One discrepancy was ,found, and the Tax Collector's Office was notified. xc:, Filed. 15. 16. .' .... . m~ 098 p~(,£ 3'32 Page 41 ...'''-..'.-.._....__... 1>"' ---<v ... If! ...,___._;."'._..._....._.........,_."....._ aCDK D98 PAGE 333' October 14, 1986 *** There being no further ~usiness for the Good of the County, the meeting was adjourned by Orè~r of the Chair - Time: 3:00 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ----- - . JtZtc PISTOR, CHAIRMAN CLERK o . . . .........., . .AI"") .JII.. ; ~i ~ese 'mi:~.iit'e~· .!Ipproved by the Bo.ud on ~ ~¡;:,;'?M' ~,~p~es~nt:~~'~ or.!ls =orrected 'I, /' ...:.;,. 'lYr . '. ?~/ .,\.. '0' ,t I.,." I)" (""j'.:'i{' '" 'f... ,.< Page 42 .. .. -