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BCC Minutes 11/04/1986 R ~---- þ. --.---r----.---....- .. .,¡¡.. .. -.-. '..- - .. Naples, Florida, November 4, 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; Carmen Ruiz and M3urecn Kenyon, (11:10 A.M.) Deputy Clerks; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager; Ken Cuyler, County Attorney; Bruce Anderson, Assistant County Attorney; George Archibald, Public Works Administrator; Tom Crandall, Utilities Administrator; Da~id Pettrow, Community Development Administrator; Ann McKim, Zoning Director; Nancy Israelson, Administrative Assistant to Board of County Commissioners; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 MQ( 098 P}C·i 585 .- -.. ...... ",t, _.~.~ 1'f'" Tap. n Item f3 - -- ...-.- ---. . '" .. '"- -. -.- - .. November 4, 1986 AGENDA - APPROVED WITH CHANGES Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously. that the Agenda be approved with the following changes: Item 'SA a. b. Item # 5C Add - Presentation by Sheriff Rogers - Discussion and possible action on City/County Water Agreement and County/Pelican Bay Improvement District Water Agreement - Authorization to expend funds in support of hot ai: balloon races - Discussion of recommendation to place trailer on agricultural property in Immokalee - Deletej - Petition AV-86-017 - To be heard 12/9/86 Deletej - Bid #86-1022 for laboratory services - Deletej - Re Lely Sewer System - Moved to 9B6 Moved to 9D2 Moved to 9Cl - Resolution for subordinated Solid Waste Revenue Bond - Continued for 2 weeks at request of County Attorney Cuyler - Added - Discussion on travel requested by County Manage.: Lusk EMPLOYEE SERVICE AWARDS c. Item 1/9F Item 1/12H Item #6C3 Item 1/ 9Al Item 1/1402 Item #14B4 Item # 1103 Item #!4E1 Item #lOA Commissioner PÜ:tor presented Employee Service Awards as follows: d. e. f. g. h. 1. j. k. 1. Item #9F Ronald Haines, Parks & Recreation Tony Su, Parks & Recreation Patricia Hedrich, EMS (Not present) Mark Ziegenfuss, EMS Reggi~ Brown, h~riculture 10 years 5 years 5 years 5 years 5 years Page 2 ðO~K 098 p~jr 591 aOOK 098 p/,sr 592 November 4, 1986 Item ISB PHYLLIS DUPREE RECOGNIZED AS EMPLOYEE OF THE MONTH FOR NOVEMBER 1986 Commissioner Pistor and I.he other members of the Board recognized and congratulated Phyllis Dupree as being selected Employee of the Month for November, 1986. Item 5C PRESENTJl.TION OF CHECr;: BY SHEItIl'F AUBRBY ROGERS Sheriff Aubrey Rogers stuted that during the budget hearings the Department had indicated to the Board that there would be excess funds which would be helpful in funding the Drug Task Force and thus reduce the millage slightly. He sa..d that they now have gone through the year and are able to return those funds totalling $1,105,000, and most of the savings came from per:¡onal services, working schedules for limiting overtime and projec':ed costs on utilities ran less than anti- cipated. Commissioner Pistor thanked Sheriff Rogers for trying to curtail expenses and added that he hils done an excellent job. Item Ac.1ded ADDENDUM '4 TO COUNTY/CITY Wl\TER Jl.GRBEMENT - APPROVED. WATER AGREEMENT BETWEEN COUNTY/PELIC.AN BAY IIIPROVEMENT DISTRICT - APPROVED Commissioner Pis tor statE:d that the agreement between the County and the City of Naples for the City to supply water to Pelican Bay for two years, that has been undE,r negotiation, has finally come to a conclusion. Page 3 '-<. .. - -. -........ . . , "I (þ . \,' '""'.""-""'~--,~"~.,~,=.",-",,,,,,,,,,,,~~-~"~-,~,,,,, "___"__·"'_·.'._'·';_"""""."~"'.··~·...''',''''',"''''_"B,'''''''~'',,,..,_.,,,,.<,,~..,, ',.._..-<~".~.."..,..>__,_._,...,....".~_,,,"_,__.....~_". - --- ..-.- --..-.. -.. - -.------- -".~.- JC -- - - - November 4, 1986 Utilities Administrator Crandall stated that one of the agreements being discussed at this point, is an Addendum to the 1977 Interlocal Agreement which provided certain services, boundaries, etc. He said that the Addendum allows the City to service water to Pelican Bay for two years or until the County provides water to Pelican Bay; it also provides for minimum pressures to the County, which is an improvement; it provides for the turnover of the 12" water main on U.S. 41 that was intended to provide service to Pelican Bay _ the City owns it now but the County .,ill assume ownership at the time it provi- des services to Pelican Bay; it allows the City to provide permanent sewer service on the west side of Air~ort Road and also to the Sandpiper Bay Club Subdivision and interim sewer service to Pine Ridge Industrial Park. Commissioner Pistor stated that the Addendum has been reviewed by all pertinent departments and if the Board is in agreement, he and Clerk Giles will sign and then forward it to the City of Napl~s at which time the Mayor will sign it. Commissioner Hasse moved, seconded by Commissioner Voss and carried unanimously, that Addendum 14 to the CitY/County Water Agreement be approved and the Chairman be authorized to sign. Mr. Crandall stated that the other agreement is the County/Pelican Bay Improvement Oistrict Agreement which allows for provision of water by the County to Pelican Bay within 2 to 5 years. It does, he said, have a provision that in the event that something happens and service ðOD~ 098 p/,S[ 59a Page 4 &ODK 098 P:~~ 594 November 4, 1986 is not provided in two years, there are 3 additional years to attempt to provide the servi~e and if at the end of 5 years water has not been provided to Pelican Bay, they have the option of voiding the contract. He added that it provides f~r ð wholesale demand charge of $195 to be paid by Pelican Bay to the :ounty for 2,500 units due upon takeover for a minimum of $487,500 at ~he time they are hooked up; it allows for ~ $90,000 demand charge credit to Pelican Bay for a proportionate share of fees paid to the City, and it allows for 95t¢ per thousand wholesdle water charge plus increases attributable to operating costs for the County's processing of water. Mr. Crandall stated that it is the County's intent to be servicing Pelican Bay at the end of 2 years. Commissioner Hasse askej if the fees quoted by Mr. Crandall are compatible with what the County charges? Mr. Crandall stated that the fees are wholesale and distribution costs do not have to be included be~ause the County would not be maintaining their system at all, so it is strictly a pumping and production cost. Assistant County Attorney Anderson stated that the only problem that he sees is that under the 1977 agreement with the City of Naples, the City is supposed to pick the property and build a water tank to replace the one at :arica Road which they will give to the County, and the County is t~ reimburse the City. He said that he is not aware of the City takin~ any action as yet to build a tank and they coulrl slow the County jown. ~r. Crandall stated that it is his recommendation that the City of Naples be put on notice immediately Page 5 - - .. November 4, 1986 after approval of this agreement. County Manager Lusk asked if the City had until 1990 to build the tank? Mr. Anderson replied affir- matively. Commissioner Pistor askE·d if the County will have access to the present tank when it gets to Pelican Bay? Mr. Crandall stated that the agreement, as it is written, will protect the County. Commissioner Pistor requested thet an official letter be prepared informing the City of Naplen that the County expects action. commissioner Voss moved, seconded by Hasse and carried unani- mously, that the county/Pelican Bay Improvement District Agreement be approved and the Chairman bB authorized to sign. Attorney Anderson stated that on the Pelican Bay Agreement the County Water Sewer Oistrict will be added. ** NJIE: DJcuænt not recetved in Clerk to Board Office as of 11/10/86. ** Page 6 ðaO( 09'8 p~:.: 595 . . ~. - , f . '""" .'.''''~. .. I ~ '. . , .. . . aOOK 098 r~~.! 596 November 4, 1986 Item f6C1 ORDINANCE '86-74 TO BE KNOWN AS THE FAIR HOUSING CODE OF UNINCORPORATED COLJIER COUNTY PURSUANT TO STATE AND FEDERAL LAWS _ ADOPTED Legal notice having b~en published in the Naples Daily News on October 1, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the enactment of an ordinance to be entitled "Fair Housing Ordinance" pursuant to Chapter 125.66(2), Florida Statut~, in accordance with Title VIII of the Federal Civil Rights Act of 1968, as amended in 1974, as well as the State of Florida's Fair Housing Act of 1983, as amended in 1984. Ms. Wanda Jones, Housing Program Coordinator, stated that the ordinance would be County-wide unincorporated. The ordinance, she said, would be known as ttJe "Fair Housing Ordinance" pursuant to Florida Statutes and the federal Civil Rights Act as amended in 1974. She noted that Title VIII of the Federal Civil Rights Act established the policy, within constitutional limitations for fair housing throughout the United States and in 1974 was amended to include prohi- bition against discrimination based on sex. The State of Florida, she noted, adopted a Fair ¡lou3ing Act with a stated policy to provide within constituti~nal limitations for fair housing throughout the State. Ms. Jones indicated t,at the Board adopted resolutions affirming a commitment to Fair Housing principles as well as a resolution to adopt a "New Horizons Str.3tegy" foe fair housing in the COl1nty and Page 7 .. - .. November 4, 1986 issued a proclamation de~l~ring April as "Fair Housing" month in Collier County. She noted that Collier County's Comprehensive Plan as adopted in 1983, provides for Fair Housing Policies, however, no pro- cedures for implementation and enforcement have been established. Ms. Jones stated that one of the factors that comes into play each year when applying for Community Development Blv~k Grant funds, is that Fair Housing, whic~ includes Equal Employment Opportunity, is used in scoring and rating and as many as 100 points could be gained through EEO and Fair Housi~g. She noted that Collier County has only been able to earn 35 points in that particular category. She said that competition State wide is very keen as far as COBG monies are concerned and the County is in the process of applying for a grant which will come before the Board for approval in December. State monies for COBG for FY 1985 have been reduced $5 million over last year, she said, so every point that can possibly be earned, must be earned. She pointed out that the Growth Management indicates that the County must be consistent with the Southwest Florida Regional Planning Council's Comprehensive Plan as well as the State's, which contains a provision to eliminate public policies which result in housing discri- mination and develop policies which develop housing opportunities for all citizens. Ms. Jones state~ that the ordinance would provide a vehicle for people to be assured that they can be heard and can live wherever they choose, provides for citize~s to have their complaints heard at a Page 8 ðOO~ 098 p.\c,r 597 _......_.....,.,..."...-,~.". aoo( 098 þ~--: 598 November 4, 1986 local level, of which a majority can be resolved at a local level, and it would also assure citizens of their basic human rights. She indi- cated that the community supports the ordinance. Ms. Jones stated that the recommendation is that Board consider the enactment of the ordinance. Tape '2 Assistant County Manager Dorrill stated that his office has reviewed the matter and the Board should be aware that this is an important policy decision and one that the County may have been a little remiss in years past. He added that the important factor is that people are afforded equal protection concerning housing. Mr. George Keller stated that there are Federal and State laws in existence protecting the citizens and there is no need for additional laws requiring enforcement. Commissioner Pistor stat~d that in order for the County to be eligible for certain grants ~hich can be beneficial to the County is by having such an ordinance in effect. The following people spoke in favor of the ordinance: Ed Oates Charlotte Westman, League of Women Voters Commissioner HJlland movod, seconded by Commissioner Goodnight and carried unanimously, that tho public hearing be closed. Commissioner Hasse moved, seconded by Commissioner Voss and carried unanimously, that tho Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 24: Page 9 .. .. - .. .. .. November 4, 1986 ORDINANCE 86-74 AN ORDINANCE ElITITLED "FAIR HOUSING ORDINANCE" TO PROHIBIT DISCRIMINATION ON THE BASIS OF RACE, COLOR, ANCESTRY, NATICIN1\L ORIGIN, RELIGION, SEX, MARIT1\L STATUS OR AGI. IN HOUSING; ENUNCI1\TING COUNTY POLICY RELATING TO THIS TYPE OF DISCRIMIN1\TION PROVIDING A COMMON TITLE; DEFINING THE TERMS USED; PRESCRIBING UNL1\WFUL DISCRIMI- NATORY PRACTICES IN CONNECTION WITH THE SALE, LEASING, FINANCING 1\ND PROVISIONS OF DROKE RAGE SERVICES REL1\TING TO HOU3ING; PROVIDING CERTAIN EXCEPTIONS; PROVIDING FOR THE DESIGNATION OF ADMINISTRATOR; PRESCRIBING THE ADMINISTRATOR'S POWERS AND DUTIES: PROVIDING FOR CONCILIATION HEARINGS AND AGREEMENTS; PROVIDING FOR DUTIES OF ADMINISTRATOR WHEN PROBABLE CAUSE OF VIOLATION EXISTS; PROVIDING ACTION TO BE TAKEN BY ADMINISTRATOR WHEN CONCILI1\TION OF A VIOLATION FAILS OR CANNOT BE RESOLVED; PRESCRIBING PEN1\LTIES FOR VIOL1\TIONS, PROVIDING A CONFLICT OR SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE D1\TE. Item 16C2 ORDINANCE ESTABLISHING STANDARDS AND REQUIREMENTS FOR NEWSRACKS r,oCATED WITHIN PUBLIC RIGHTS-OF-WAY AND PUBLIC PROPERTY -CONTINUED TO DECEMBER 9, 1986 Legal notice having been published in the Naples Daily News on October 16, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was open to consider establishing an ordi- nance to set standards and requirements for newsracks located within public rights-of-way and public prcperty. Assistant County Attorney Anderson stated that the proposed ordi- nance is ~lmost identical to the one aðopted by the City of Naples which has been in effect for about a year. He added that within the last week he has found out that people have been experiencing problems wi th it. He added that present today are representatives from the Fort Myers News Press and the Miami Herald. He indicated that due to Page 10 m~ 09gw,~599 , . \ ~OOK 098 P~c·{ 600 November 4, 1986 conversations he has had yith interested parties, he is asking that the item be continued for a fe·w weeks so it can be workshopped with representatives from the newspapers as well as members of the Beautification Committee. Attorney Jerold Budney, r~presenting the Miami Herald, stated that although the Herald believes that such an ordinance is not necessary, they do accept and understand the concerns of the Commission and the County regarding newsracks, and they want to work with both to arrive at an ordinance that will be ~greeable to everyone. He outlined changes that he proposes for I.he ordinance and added that they are prepared to work with the County Attorney to adopt suitable language. Mr. Steven Carter, representing Fort Myers News Press and USA Today, stated that they are a~so willing to work with the County to see what can be accomplished through discussion, but he would like the Board to be aware that there ~re very few count .dS that have ordinan- ces ¿n the State and across the country because the U.S. Supreme Court and other courts have placed Btrict limitations on the ability to regulate news, including its dissemination. He added that problems do arise, but it does not mean that an ordinance should be passed to solve those problems with one solution, and working out the problem areas is the best solution. Commissioner Pistor stated that the Board would not be asked to consider something that is in violation of Federal Jaws, but definite 9uideline~ are needed in Coll.ier County Page 11 - - - .. - ........-............... -- - ----:r._ -. .-.... ,.,.. . - - ---.-.- '-'"-"- ~-- --- --... .... ...-. -- .. - .. November 4, 1986 Commissioner Hasse stated that the aesthetics of the newsracks leave much to be desired. Mr. Herb Anderson of the Naples Beautification Council stated that the City of Naples' ordinance hRs been successful. Mr. Edward Oates, on behalf of the Naples Civic Association, stated that they endorse passage of the ordinance. Tape '3 Attorney Anderson asked the registerud speakers to leave their names and addresses since a working group will be formed to work out the ol'd inance. Commis1ioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that Staff conduct a workshop on this matter and report back to the Beard of County Commissioners on December 9, 1986. Item '7Al RESOLUTION 86-214 RE PETITION V-86-13, MR.& MRS. JOSEPH FARGO REQUESTING A 4 I 4" VARIANCE PR<)K REQUIRED REAR YARD SETBACK OF 2S' TO 20'8" FOR PROPERTY LOCATED IN LELY ESTATES ON SOUTH SIDE OP BRIARCLIFF LANE - ADOPTED Legal notice having been ?ublished in the Naples Oaily News on October 19, 1986, as evidence,j by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-86-13, Mr. and Mrs. Joseph Fargo requesting a 4'4" variance from the required rear yard setback of 25' to 20'8" for property located in Lely Estates 011 the sou..h side of Briarcliff Lane. Planner David We~ks said ~hat the objective of the petition is to Page 12 aoa( '098 p~'\ ro1 ~""" ..---....~ -..........., _...."".~ ~ ..,.~...I &ODK 098 P.l~[ 602 November 4, 1986 obtain a variance to allow for building an addition for storage onto the rear of the existing single-family residence. He said that the property is zoned RSF-3 and i3 an interior lot exceeding the minimum lot width and area requirements of the RSF-3 District. He added that the residence is centrally lo=ated on the.lot and meets all setback requirements, with no unusual easements that would create a hardship. The addition, he said, is proposed as 9'x 12' in the rear, whicn will encroach 4'4" in the required rear yard setback of 25'. planner Weeks stated that Staff does not find a land or structure related hardship based upon the criteria in the Zoning Ordinance and the recommendation is for derial. Commissioner Pistor askeè if the p~operty backs up on another pro- perty on the golf course? Mr. Weeks replied affirmatively In answer to Commissioner Hasse, Mr. Weeks stated that during a site visit, two adjacent properties were checked and both did meet or exceed the required setbacks. commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that tho public hearing be c~osed. co~~issioner Voss moved, seconded by Commissioner Hasse that the petition be denied. Assistant County Manager Dorrill advised the Board that there are two registered speakers. commissioner Voss moved, seconded by commissioner Hasse and carried unanimously, that th~ public hearing be reopened. Page 13 ( \ I .-- ----- "". .. - .. November 4, 1986 Mr. Joseph Fargo, the petitioner, stated that the addition will be a part of the house and will blend in so that it will not appear as a separate building. He statec that Lely Estates has a very strict ordinance regarding leaving things outside, or storage sheds along the back fence, and sir.ce there is no room in the existing garage, additional stJrage space is needed. He noted that the 9' across is the issue because it cuts into the 25' setback and with the standard 9' width of the addition he will only have 8' ,4" inside diameter because the width of the cement block, 8" of which forms the wall of the structure; anythjng smaller lhan 9' would not be enough storage. He indicated that tie has spoken to the neighbors and no one objects to the addi~ion. Mr. Fargo gave the Board copy of an estimate from a general contractor as well as a "Letter of No Objection" from Mr. Elmer Tincher, a neighbor. Commissioner Hasse asked if the swimming pool screening is in con- formance? Mr. Fargo replied affirmatively. Mr. Harrison Lane spoke favorably on Mr. Fargo's behalf and noted that there are people who lenve their boats, vans and trailers outside. In answer to Com~issioner Hasse, Mr. Weeks stated that permanent storage would be required to be done in the rear of the house, but boats, trailers or vans can be left in front only on a temporary basis. Mr. Tody Giordano, a realtor, stated that he lives in Lely Estates Page 14 tOD( 09'8 W.! R03 ..... &a!l( 098 w.~ 604: November 4, 1986 and properties on streets that do not border the golf course are very close. He said that he understands the storage problem, but deed restrictions exist regarding boats, trailer3, metal structures such as sheds, etc. and should be adhered to, becaus ~ once broken a precedent is set. Commissioner Holland stated that ~hen selling property, the nicest street is always chosen to drive down, ßnd a $6,000 storage addition is hardly a shed. He said that as far as the deed restrictions, they should be investigated. commissioner Goodnight moved, seconded by commissioner Hasse and carried unanimously, that the public hearing be closed. Commission~r Holland moved, seconded by Commissioner Goodnight and carried unanimously, that Resolution 86-214 regarding Petition V-86-13, Mr. & Mrs. Joseph Fargo requesting a 4',4" variance from the required rear. yard setback of 2S' to 20',8" for property located on the south side of Briarcliff Lane, be adopted. Page 15 - - - ... November 4, 1986 ***Recessed at 10:20 A.M. - Reconvened at 10:30 A.M. *** Item '7B1 RESOLUTION 86-21S RE PETITION PU-8S-16C, KEVIN J. KILLILEA, REPRESENTING FIRST PLAZA <:ORPORATION, REQUESTING A PROVISIONAL UaE EXTENSION - ADOPTED Zoning Oirector ^nn McKim stated that the the provisional use was originally granted for cluster housing under the RSF-4 Zoning District. She noted that the Board 0f Zoning Appeals approved the provisional use on Oecemb~r 10, 1985, and it will expire on December 10, 1986, and the petitioner is requesLing an extension. The Zoning Ordinance, she said, only allows for lone-year extension upon approval by the Board of County Commissioners. She said that the petitioner has starteè ~ork on the site but has not gotten to the point of building the hom(:s. She indicated that the recommendation is for approval. Commissioner Pistor a~ked if 6 months can be granted instead of one year? Ms. McKim stated t~at the Ordinance allows for lone-year extension. Mr. Kevin Killilea stëted that the petitioner started construction on the project with a clearing operation earlier this year and, unfor- tunately, some of the financing d:1 not materialize and since that time they have obtained a commitment frcm a local lender. He added that today there will be a meeting with the general contractor to finalize a construction contract to start work. He said that they are fast tracking it for the coming selling season. Page 16 &OO~ 09R p,~! 607 ;' . .. .' ~OO( 098 P~~.: 608 November 4, 1986 Commissioner Voss moved, seconded by commissioner Goodniqht and carried unanimously, that Resolution 86-21S re Petition PU-8S-16C, Kevin J. Killilea representing First Plaza corporation, requesting a provisional Use extension, be adopted. Page 17 - - ....,/ .. - - November 4, 1986 Item f9Bl REQUEST BY THE PUBLIC VEHICLE ADVISORY COMMITTEE TO LOWER MINIMUM LIABILITY INSURANCE RATES FOR TAXICABS FROM SO!100/20 TO THE STATE MINIMUM OF 10/20/10 - DENIED Public Works Administrator Archibald stated that this item is a continuation of a prior discussion in regards to a request by the Public Vehicle Advisory Committee to lower the insurance rates for taxis for hire. lie added that there was information provided last time regarding the increased cost of rates and at that time the Board Tap:! f4 directed Staff to consider fthat other communities and counties were doing to establish insurance rat~s. He added that Ms. Rynders has information and rates from ether counties to compare with the current rates of Collier County, ané the cUfrent fates are in line or perhaps lower than in other areas. Ms. Sherry Rynders, Risk Management Director, stated that she checked with a number of cities and counties who do regulate taxicabs: The City of Orlando require~ 100/330/50, Jacksonville requires 300 combined single limits, Melt:·ourne requires 50/100/20, Dade County 50/100/20, Sarasota requireé. 100/300/50, Clearwater requires 100/300/50, Hillsborough Co~nty 100/300/50. She stated that the limits that the C"unty presE'ntly has are the lowest of those people she contacted who ¿0 regulate; a lot of cities and counties do not regulate. Commissioner Hasse asked if Ms. Rynders found any that were ðaD~ 098 p~'.! 611 Page 18 aoaK 098 p~:.: 612 November 4, 1986 10/20/10? Ms. Rynders replied HNo." She said of the ones who choose to regulate, the lowest is 50/100/20, if they do not choose to regu- late they follow the State requirements which are 10/20/10. She gave a list of counties that do not regulate. Commissioner Goodniqht œoved, seconded by Commissioner Hasse and carried unanimously, that the insurance rates of SO/100/20 which are now in existence be continued. Item I9B2 BID '86-1018 TO REPLACE DOZER AT NAPLES LANDFILL AWARDED TO KELLY TRACTOR IN THE SUM OF $103,686 - APPROVED Legal notice having been published in the Naples Daily News on August 11, 1986 as evidencej by Affidavit of Publication filed with the Clerk, bids were received for a track type tractor until 2:30 P.M., local time, ^ugust 27, 1986. Public Works Administrator Archibald stated that as budgeted in the current year, a 1975 dozer is being replaced. He noted that spe- cifications were prepared t1at require a machine specifically designed for landfill activities. I~ response to the bids specifications, he said, the County received f"ur bids that range in price from $88,000 to $127,000. He noted that Staff has spent time in analyzing the bids to pick the best rnchine from the standpoint of total CORt, and not only the initial C02t but the operating cost and the salvage value of the equipment at the end of its service life, which is approximately 6 years. He indicated that S\:aff is recommending that the award be made Page 19 .. - - .. .. .. November 4, 1986 to the second low bidder, ~elly Tractor, who bid a Caterpillar D6H machine for a total price, less trade-in, of $103,686. He noted that that bid, although not the low bid, represents the best bid from Staff's view of the machin~s and the uniqueness of this machine as compared to others. He added that the attachments to the Executive Summary provides background information on the total cost concept; the salvage value, the uperating cost data, and ~xtra equipment that was included in the second low bid that was not included in the low bid. Commissioner Voss asked if the cubic inch displacement of the engine was specified? Mr. Archibald replied affirmatively. In answer to Commissioner Voss, he added that Staff is concerned about a com- bination of horsepower and torque, so the specifications includ~d that combination. Commissioner Holland asked if the present dozer is still operable? Mr. Archibald answered th~t it is, but it requires expensive repairs, primarily to the drive train and also to the engine. Mr. Archibald mentioneè that the company can probably earmark a machine that is at the factory and deliver it to the County within two wee~s. commissioner Holland ~oved, seconded by Commissioner Hasse and carried unanimously, that Bid '86-1018 tor a caterpillar D6H Dozer for the Napl~s Landfill be awarded to Kelly Tractor, Ft. Myers, Florida, in the sum of $103,686. m, 088 p~r_1 613 -.- - .- Page 20 - .. .- aOD~ 098 )~j! 614 ~ovember 4, 1986 Item 19B3 BID '86-914 FOR CONSTRUCTIC'N OF SOUTHERLY FOUR-LANE EXTENSION OF SANTA BARBARA BOULEVARD AWARDED ']'0 APAC-FLORIDA, INC. IN THE SUM $900,284.60 - APROVED Legal notice ha\ing bee'n published in' the Naples Daily News on September 24 and October 5, 1986 as evidenced by Affidavit of Publication filed with the Clerk, bids were received until 2:30 P.M. , local time, Octooer 24, 1986, for the southerly extension for a rural four-lane divided highway known as Santa Barbara Boulevard from Davis Boulevard. to R~dio Road. Mr. Archibald stated that the proposed extension is from Radio Road southward to Davis Boulevard. He said that the County is in the process of obtaining the final environmental permits and in the interim specifications were sent out and 3 bids have been received, which are tabulated on the Executive Summary. He added that the bids are competitive and the low bid submitted by APAC-Florida, Inc. in the amoullt of $900,284.60 is being recommended, not only based on being the most competitive, but based upon the company's performance. He noted that. the timeframe established for the construction of the extension is approximately 5 months or 150 days. In answer to Commissioner Hasse, Mr. Archibald stated that 95% of the County's jobs have been completed on the scheduled completion ~'Ites. commissioner Hasse moved, seconded by Commissioner Voss and oarried unanimously, that Bid '86-914 tor the construotion ot the Page 21 .. - - -. -..... ... ..--.........-.... . .. -- .. . .... i. l- . . -" -- - - - ............ -...-. ... .- .. .. .. November 4, 1986 southerly tour-lane extension of Santa Barbara Boulevard be awarded to APAC-Florida, Inc. in the aßount of $900,284.60. Item UB4 APPROVAL OF ARRANGEMr.NT WITH SOUTH FLORIDA WATER MANAGEMENT DIST. FOR USE OF AQU~TIC WEED hARVESTERS IN EXCHANGE FOR IN-KIND SERVICES - APPROVED John Boldt, Water Management Director, stated that a critical situation has developed in recent months in Lake Okeechobee, as everyone is aware, where large algae blooms have occurred and SFWMO has embarked on an emergency plan for removal of the aquatic plants. He indicated that Collier Ccunty has 3 very specialized mechani- cal weed harvesters, which êre very limited in the State, and SFWMD has requested the use of two harvesters for a limited period of time until other long-term solutions to the lake's water quality sltuation can be developed. Mr. Boldt st~ted that tre harvesters were purchased with GAC Trust Fu~dnonies and are currently being used in the two main canals south of Alligator Alley in the eéstern portion of Golden Gate Estates. He said that at this time of year there is no critical flooding situation, the water levels in the canéls are falling and during the dry season the machines are used to remove residual plant growth. The 1055 of the two harvesters for a period of three months would not be critical ~~d that can be compensated by running the,remaining harvester for a longer period of time; two operators can be used on split shifts and the others can be reassignec. ðOt)( 098 P~'.: 515 Page 22 . aDDK 098 Plj! 616 November 4, 1986 Mr. Boldt pointed out '.hat the details of the arrangement are outlined in the Letter of I~reement attached to the Executive Summary. He said that the C(~nty Attorney suggested two minor changes; the fourth paragraph, second Ijne should read, "Major repairs will be the responsibility of the County, except where the need for these repairs is caused by the act, omission, or negligence of the District employees;" the other change would be to include a "Hold Harmless" clause which would save the County from any litigation or judgment against the District. He said that in exchange for use of the har- vesters, the District propcses to provide in-kind services in an amount equal to the amount they will be charged for the use of the harvesters, which is the standard rate set by the State in the DNR Aquatic Plant Control Pr03ram, and the estimated total will be approximately $30,000. The in-kind services, he said, would be aerial spraying application of herbicides to take place next spring during the spraying season in the Golden Gate canal system where the har- ve~ters would normally be used. He said that the recommendation is that the Board approve the arrangepent by signing the Letter of Agreement with the minor revisions. Commissioner Pistor asked if the District employees know how to operate the equipment? Mr. Boldt responded that the County will supply the District with a trainer for one week to train their employees. Commissioner Pistor asked if the County will be compen- sated for that time? Mr. Boldt replied "Yes," that the District will Page 23 .. .. November 4, 1986 pay for the salaries as well as for the per diem. Commissioner Hasse aske( if the District is obtaining har- vesters from any ot1er counl:y7 Mr. Boldt stated the District pre- sently has one from a private contractor, but he does not know of any harvester in the State which is similar to the one Collier County is lending. Mr. Dick Braun stated that there should be a provision in the contract that the machines \fill be maintained in the same condition they are received in; any br'eakdowns South Florida Water Management should be responsible for. Mr. Boldt stated that the agreement states that they will be responsib~e for routine type things, normal wear and tear. After a long discussion, Mr. Archibald stated that this arrange- ment involves a regulatory IIgency which has many resources in regards to uoing this kind of work, and they have indicated that they will stand behind the machine and be responsible for it. Assistant County Managel' Oorrill stated that prior to owning the machines, there was an emergency flood problem in Golden Gate and the District sent, at no cost and without an agreement, machines that they owned an-J did not seek reimbursement. He said that in this case the County is assisting them wit.h a problem that they have. Commissioner Hasse statE,d that an emergency exists in Lake Okeechobee which may well effect Collier County and he believes the Oistrict will stand behird their ',:lJrd and maintain it. Page 24 Ma~ 098p~c.( 617 aD OK 098w~ 618 November 4, 1986 commissioner Voss moved, seconded by Commissioner Holland and carrieð unanimously, that the Letter of Aqreement tor the use of two meohanioal weed harvesters in Lake Okeechobee for approximately 3 months in exohange lor equal value of services to be provided by SFWMD in aerial application of herbicides in th~ Golden Gate Canal system durinq the spr:nq of 1987, be approved with revisions. ** NJ'lE: Ibcuænt not received in Clerk to Board Office as 11/10/86. ** Page 25 .. - -_._-~- ~_ _ ............... -....... .. a ~-- ..... ....... .- .. .. .. November 4, 1986 .... Deputy Clerk Kenyon replnced Deputy Clerk Ruiz at 11:10 A.M. .... Item f9BS PROJECTS COORDINATOR'S POSITION FOR RESOURCE RECOVERY AND PUBLIC WORKS PROGRAM - Þ.PPROVED Þ.T BTÞ.RTINC1 BÞ.LÞ.RY OF $34,486 Assistant County Manager Dorrill stated tnat this position is to manage the major capital construction efforts, adding that the Public Works Division has experienced' an increase in the amount of infrastructure related capital projects over the past year, par- ticularly in the Solid Waste Department. He stated that the Solid Waste Department consists of two personnel and this new position is targeted for that area. He noted that this position would report to the Oivision Administrator an,! be available for other capital pr0jects as well. There is an individual on staff at the present time with 40 years of engineering experience, he said, noting that Mr. Tom Donegan, Utilities Engineering Director., has had considerable engineering experience with Union Carbide and Velzy & Associates, a leading redo~rce recov~ry consulting :irm, in addition to his experience with Collier County. He stated th~t based on his experience, Staff is recommending that this position be established and that Mr. Donegan receive a starting salary of 834,486. commi~sioner Hasse questioned if this position is needed at this _:me, or would it be better to wait and see if the resource recovery project goes forward? Mr. Dorrill stated that e'len if Resource Recovery does not go for- ward, there are 6 other projects that would still justify the posi- Page 26 ðDOK 098 p~C.[ 619 ._,~_._. .~.".- 098 PA'-¡ 620 November 4, 1986 tion. Tape IS Mrs. Jan Krasowlki questioned hew much is in the Solid Waste budget for the proposed Reso~rce Recovery'Department, to which Mr. Dorrill stated that the )nly thing available is travel expenses for the County Commis~ion anj the legal cost for contract provisions. Mrs. Krasowski questione.j what the duties of the project manager would be, to which Mr. Dorrill stated that there would be the day-to- day responsibility for monitoring the air quality and the solid waste permits, following up negotiations regarding the electrical pur.:ha3e agreement and to coord ina te ':he si te-rela ted improvements which include access roads, wells nnd package treatment plants. Mrs. Krasowski stated thnt she would like to make a recommendation that the position not be filled at this time as Mr. Donegan has been on "he advisory committee and he also chose Westinghouse, adding that she feels that he is too bianed. Mr. Oorrill stðted that Hr. Oonegan was not on the advisory com- mittee as he was an engineer with the Utility Division, was placed on the selection committee, but did not vote for WestinghouÐe. He stated that Mr. Donegan voted for the competitor. Mrs. Charlotte Westman, repres8nting the League of Women Voters, stated that there has been a request and ~ need for this position for some time, adding that this time is not too early and, in fact, may be a bit late. Page 27 - - - _._~~-""- ... - .. November 4, 1986 Commissioner Voss moved, ßeconded by Commission~r Hasse and carried unanimously, that the Projects Coordinator's position for Resource Recovery and Public \forks program be approved at a starting salary of $34,486. Item UB6 ACQUISITION/PURCHASE OF RAW W~TER WELL EASEMENTS FOR EAST REGIONAL WELLPIELD EXPANSION - APPROVED Public Works Administrato: Archibald stated that the purpose of this item is to obtain easements for the East Regional Wellfield Expansion. He stated that this raw water line would run along the west side of Wilson Blvd. and north of Golden Gate Blvd., adding that along this line will be a series of wells which is what the easements are needed for. Commissioner Hasse stated that some property owner!! did not know what was happening in the area and nant to know if their property will be disrupted? Public Works Administrator Archibald stated properties will not be disrupted and the only concern is after the wells are put in and at that point in time, the system will be fairly level so there is not going to be much abovE! ground. Commissioner Hasse stated that one gentleman was concerned that thir- would be put in the middle of his property and would interfere "ith the use of his land, to which Mr. Archibald stated that these wells are placed on the corn(~r of property where there is the least impact. Commissioner Voss moved, seconded by Commissioner Hasse and &OOK 098 p~~.! 621 Page 28 ".' . --.. ~ r - . a~D~ 09S p".! 622 November 4, 1986 oarried unanimously, that the acquisition/purchase of raw water well easements for the East Regional Wellfield Expansion be approved. Page 29 - - - -. .-...... ..-..-.-~ -...- -. _.~ _.. --- -.-.-.--- . í : !, I' ~ , I : I - Novem~er 4, 1986 Item t9Cl PARKING LOT ATTENDANT II POi3ITI()N ESTABLISHED Commissioner lIa",se stat,~d that for Vanderbilt l3each area senior citizens were used and ~ues:ioned why they could not be used again instead of creating a new position? Mr. Kevin O'Oonnell sta~ed that this position is In the 1987 budget and will be a supervlsory position supervising the part time attendants as well as checking all facilities, troubleshooting and bringing money back to the Parks and Recreation Department. He stated that there are also four pa,"t-time positions in the 1987 budget that have not been hired as he in waiting the outcome oi the Clam Pass con- cessionaire agreement. He ntated that this position is needed in order to have someone check.lng the area frequently during season. commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the Parking Lot Attendant II p~sition be established at Pay Grade H-()3. It".n 19D1 CONTRACT FOR PRC ENGINEERINU FOR ENGINEERING SERVICES IN THE AMOUNT NOT TO EXCEED $4,96S - APPROVED Utilities Administrator Crandall stated that this item was put on the agenda becaus~ there is an excessive amount of grease going into the North Naples Treatment Plant which creates an operational headache. He stated that he is asking for authorization for the Engineer of Record, PRC Eng~neering, to review some alternative dispo- sal methods, or possible pre-treatment. He stated that one alter- ð:)OK 098 W.! 625 Page 30 aOOK 098 PÂ~t 626 November 4, 1986 native is specific lined cells at the landfill and another would be pre-treatment methoñs in ad¿ition to a digester or possibly an anaerobic dlgester, whi~h is the less likely of the options as it is very expensive. He stated that the grease haulers have been directed according to resolution to tring their grease to the ~~rth Naples plant, which is becoming a çroblem. He stated that tne resolution needs to be reviewed but there is a possibility that it could go to anocher location. He stated that this, however, only creates a problem at one plant and not throughout the whole system. Commissioner Voss moved, secondod by Commission'1r Hasse and carried unanimously, that the contract for PRC Engineering for Engineering Services in the amount not to exceed $4,96S be approved. ** OO'IE: Ibcunent not received in Clerk to Board Office as of 11/10/86. ** Page 31 - - Novembcr 4, ].986 Item UD2 CHANGE ORDER NO. 2 TO THE "201 FACILITIES PLAN UPDATE" CONTRACT WITH HOLE, MONTES , ASSOCIATES, INC. - APPROVED Utilities Administrator Crandall stated that this is to provide for groundwater monitoring of additional golf course for spray irriga- tion of wastewater effluent. He stated that Pine L~kes golf course was not included in the origLnal plan for monitoring, adding that it was overlooked evidently bec~use it was alrcady receiving effluent from the East Naples plant. He stated that there is going to be required additional monitoring at the golf course by DER, and he is requesting a Change Order in the amount of $12,500 for the inclusion of this golf course in the grant-required study. commissioner Voss moved, secended by Commissioner Hasse and carried unanimously, that Chnnge Order No. 2 to the "201 Facilities Plan Update" contract with Helle, Montes , Associates, Inc. be approved in ~he amount of $12,SOO. ~OOK 098 Pv.~ 627 Page 32 ," . . . .-- -_. . ..... "-, - - - November 4, 1986 Item f9Fl .1.UTHORIZATI('}{ GJUl.NTED TO EXPJ~ND ADDITIONAL FUNDS III SUPPORT OF THE HOT AIR BALLOON JUl.CES BY OPENING TH~ LANDFILL ON SUNDAY AND PROVIDING AN EMS UNIT AT THE JUl.CFS Assistant County Manager Oorrill stated that a request was made to have EMS units at the Airpor~ during peak hours of the balloon races as they anticipate a large nYm~er of people in attendance. He stated that it is also being reques~eã that the commercial hauler that is donating the time and cleanup activities have access to the landfill on Sunday. He stated that t~p Board has approved things of this nature in the past for the S~amp Buggy Days and the Everglades Seafood Festival. He reported that in order to do this, the Board of County Commissioners would have to :ake action on the matter. He indicated that the County would have to PdY the overtime cOßt for the landfill on Sunday as well as the cos~ for the EMS unit to be at the field on ~L'ièay, Saturday, and Sunday during the peak hours of the event. He stated that the total cost would be about $1,500 in labor and are costs that the sponsors of the event are asking be waived, as this is a not-for-profit group. Commissioner Pistor stated that this is an advertising promotion by the hotels that is going to be on national TV advertising Collier County. commissioner Voss moved, seconded by commissioner Holland and carried unanimously, that an EMS unit be placed on the field Friday, Saturday, and Sunday during peak hours and that the landfill be open &OOK 098 P~C.: 62.9 Page 33 aDOK 098 pV·£ 630 November 4, 1986 on Sunday for the commercial hauler to dump and that t.he costs be waived. Item f9F2 TRAVEL EXPENSES FOR UTILITY C"NSULTANTC TO COME TO COLLI~R COUNTY TO ASSIST THE U'l'ILITY AUTHORITY C:OMHITTEE- APPROVED County Manager L Isk stated that the U~ility A~thori~y Committee would like to bring in some authority directors, one from Dade County and one from Orlando and because of the cost that could be incurred, he would like the travel approved. He stated that he would use the regular County process reg~rding travel expenses. Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that travel expenses be reimbursed to utility consultants to come to Collier County to assist the Utility Authority Committee. Item fIlA ROUTINE BILLS - APPROVED FOR iAYMENT Pursuant to Resolution 81-150, the following checks were issued through Friday, October 31, 1986, in payment of routine bills: CHECK OESCRIPTION CHECK NOS. 150636 - 150816 036801 - 037436 AMOU~! $1,403,357.10 $ 290,444.64 "¡endor s BCC Payroll Item f11D BUDGET AMENDMENTS 86-S07/S09; 87-18/20 - ADOPTED Commissioner Holland moved, seconded by Commissioner Voss and carried unanimously, that budget amendments 86-S07/509; and 87-18/20 be adopted. - - .. "" ........-~ -- b... --~- Page 34 .--..:.....- - .. - November 4, 1986 Item U1B THREE BOND COUNSEL INVOICES j\~D FEE TO FISCHER JOHNSON FOR SERVICES _ APPROVED Clerk Giles stated that he is requE'sting approval of three bond counsel invoices; $20,000. for tne Parks General Obligation Refunding Bonds; $47,062.50 [or the Sales Tax Revenue Refunding Bonds; and $122,595.35 for the variable rðte bonds. He noted that the invoice for $122,595.35 will be paid directly to the Sun Bank. He indicated that the bill from Fischer Johnson was previously approved in July and is in the amount of $93,408.07. Clerk Giles indicated th~t after paying all expenses, there was close to one million dollar savings. Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that th~ three bond counsel invoioes in the amount of $20,OOO¡ $47,062.SI)¡ and $122,S9S.35 be approved. Commissioner Goodnight mc)ved, seconded by Commissioner. Voss and carried unanim~usly, that th'J fea to Fischer Johnson for Services in the amount of $93,408.07 be ilpproved. Tape '6 Item U1B FULL-TIME POSITION AND COMPU~rER TERMINAL FOR CLERK OF BOARD OFFICE _ APPROVED Clerk Giles staled that ~his item is requesting a full-time posi- tion and computer '.erminal for the Clerk of the Board Office or for contract service for minute ~aking. He stated that the offj=e has been approached with regards to taking the MPO meetings and their aDOK 098 w·r 631 Page 35 ~.. - ~r____ .............. .. aDOK 098 FJ',! 632 November 4, 1986 advisory committee and task force as well as taking th~ Collier County Planning Commission meeting. He stated that the personnel is not available in this office to handle the additional meetings and he would request that either these meetings be contracted out to a ser- vice or that an additional person be hired as well as the purchase of a computer terminal. County Manager Lusk stated that he feels that it is important to keep the minutes centralized and a full-time position would be more appropriate versus a contract service. commissioner Goodnight moved, seconded by Commissioner Voss and carried unanimously, that a full-time position and computer terminal for the Clerk of the Board Office be approved. Clerk Giles stated that some committees do not provide county-wide benefits and the Clerk of the Board function is funded with county- wide taxes by appropriations from the General Fund, adding that these committees should be charged for Clerk of the Board expenses and should include it in their bJdget for next year. Item f12A RESOLUTION 86-216 TRANSFERRING FRANCHISE FOR SOUTH FLORIDA CABLEVISION BAC~ TO PALMER COMMUNICATIONß, INC. - ADOPTED Commissioner Pistor statw~ that he received a letter from Palmer Communications, Inc. requesting that the franchise be transferred back to Palmer Communication~, Inc. as it originally was. commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that Reflolution 86-216 transferring franchise for Page 36 - ,. ._~ -- - - Novemb6r 4, 1986 South Florida Cablevision back to Palmer communications, Ino. be adopted. 800K 098 w.e 633 Page 37 ~~""·'·'·'-·'""·~·""'_"~;'___Æ.""_ ~'._"""'----~.,..,.._. .",-~-_.'-~,"""._--,.,_.---_._--,,,,,,-- November 4, 1986 Item U2B STAFF TO MAKE DETERMINATION AND REPORT BACK TO BCC REGARDING CHANGING ZONING IN GOLDEN GATE ESTATES FROM AGRICULTURE TO A MORE APPROPRIATE ZONING CATEGORY Commissioner Voss stated that he received a letter fro~ Mr. Richard Braun with specific recommendations regarding rezoning of land in Golden Gate Estates that is. now zoned agriculture. He stated that he would like to defer this matter to Community Development and have them check into it and take appropriate action. He indicated that with some of this property being zoned a9riculture there is a lot of junk vehicles sitting on various properties and if there was different zoning, this could not be the case. He noted that the area is building up and the zoning should be checked at this time. Commissioner Goodnight stated that the agriculture zoning needs to be checked into as well to determine what can and cannot be done on such zoned property, Zoning Director McKim stated that there would have to be workshops on this matter and she would report back to the Board in about 4 to 5 months with a progress report, if so directed. commissioner Voss moved, seconded by Commissioner Holland and carried unanimously, that Staff make a determination and report back to the Board regarding changing zoning in Golden Gate Estates trom Agriculture to a more appro~riate zoning category. Item '12C DISCUSSION REGARD:,NG SURVEY FOR MINERALS - NO ACTION TAKEN Commissioner Pi~tor stated that he has been looking at the aquifers and every time he Eees a map, the aquifers are in a different aOOK 098 p~r.¡ 635 Page 38 . ...., . . . 't' , . f ·.f :f I aOOK 098 P}~\ 636 November 4, 1986 location. He indicated tha':. the County receives a certain amount of income from minerals and he feels that a survey should be done regarding this matter. He noted that the income is approximately $300,000 - $400,000 and he \/ould like to see if Collier County is getting all the income that they ~hould be as well a~ o~taining other pertinent information with regards to the' operation of the County. He indicated that he would like to look into hiring ~n outside source to make such a survey that would be useful to the County. County Manager Lusk stated that the State is doing such a survey for counties without charge, adding that the coastal counties are the ones that are being ranked high on the list to be done. He noted that the survey takes approximately 2 months and the Board should wait until January to see if the State will do the study instead of an out- side consultant. Commissioner Voss stated that he is concerned with minerals and water, adding that there are certain things that he does not want to see built on top of the aquifers and he would like to have it deter- mjned as to the exact locati~n of these aquifers. Public Works Administrat~r Archibald stated that surveys have been done by the State, the Feder3l Government and the County but they are detailed and do not address the changes in the aquifers. Commissioner Pis tor stat~d that if the State does this type of a study at no charge, the County should let them do it and if the study is not what the C~~mission i3 looking for, it could be brought up Page 39 - - -........"'. .~..........-~ : . . t,;1 . I ì ·f· " . . I I .'.".'--.-......----....---- _'·..__rR..·..,,....., _._,""'....o-,"',>;oC,___"'. ".,"'._......,,~"..".~"'. ..- -~--~. ~ -- - .. November 4, 1986 again at d later date. Mr. Lusk stated that as far as minerals are concerned, the State should do the study, adding that Staff is also working with the State with regards to groundwater. He noted that Environmental Science and Pollution Control D~rector Lorenz is working on an ordinance at this time and will be bringing it to the Board sometime in November. Commissioner Pistor stated that there are developments that people would like to construct on top of the Coral Reef Aquifer and something ~eeds to be put into zoning that restricts any type of operation on top of any aquifer that may possibly pollute an aquifer. He stated that this matter will be delayed until it is determined if the State is going to do a survey, and then the issue can be discussed again at that time. Item 112 PRESENTATION BY RICHARD GRANT, PRESIDENT OF THE FINE ARTS SOCIETY OF COLLIER COUNTY - NO ACTION ~AKEN Mr. Richard Grant, President of the Fine Arts Society of Collier County, stated that he feels that it is necessary to communicate with the County Commission with regards to what the Society is doing and how they are doing it. He noted that this happens to be a good time as the Board last week designated the week of November 16 as National Arts Week. He stated that the organization began in 1980 with a small group of people interested in trying to expand the cultural base in Collier County, adding that this group grew by leaps and bounds and in 1985, the organization incorporated and became the Fine Arts Society aOOK 098 P~'.! 637 Page 40 --~._.-_.-._... .-_.. '._~".'---'----_._--._- -.._.~.._--- -~'"~,^<".---.~~-~<"",,-~,-,,- aOOK 098 PA~í 638 November 4, 1986 of Collier County. He stated that the organization has represen- tatives from all parts of the County and seek to serve the whole com- munity. He stated that they have sponsored a series of performances during the season and will continue to do so as well as trying to sti- mulate art in order :0 get people to participate. He stated that the 30ciety has in excess of 600 patrons and support which is how the programs are able to be carri~d out. He stated that the Society is also a recipient of certain S:ate grants that help make some of the programs possible. Mr. John Passidomo, Presi1ent Elect and Vice President of Community Affairs, stated tha: this organization promotes and encoura- ges all forms of art in the c')mmunity. He stated that the purpose of a local arts agency is spelled out in the Statute and is to serve the citizens of Collier County in the realm of arts, which shall be done by stimulating public awarene3S and appreciation of arts and encouraging private resources. He stated that they promote arts, art inst~tutes and community orga,izations. He stated that they have accepted their roles by adopting a series of goals and objectives as part of their long-range plan,ing process to implement the State- mandated goals with regards t~ part:cular programs. He stated that broad guidelines have been set to achieve State obligations and these goals and objectives were the result of a long range planning session in September, 1985. He stated that they strive to provide a vehicle of governmental and private resource to the community. He stated that Page 41 -- - - - .-........... .... "'-r ~~ __.þ - . - ...--Y" -""".,.",,_.~,,,.-.-_.~^-,-<---- "--- ,""..,.';<."""~<.'"~'.> . .. .. November 4, 1986 he hopes this presentation will open up lines of communication, adding that it is eAsential that the'y report to the Board periodically to bring the Commission up to dête on what they are doing and whót they intend to do in the communit~. He presented booklets to the Commission indicating the prcgrams and services available, adding that he would like to be able to report to one of the administrative staff on a regular basis. Commissioner Pistor stated that any communication should be done through the County Manager ard then the Commission would be aware of what is going on. Commissioner Voss indicated that the Fine Arts Society of Collier County is a fine group and ttanked them for the presentation. Item U2E STAFF DIRECTED TO PREPARE AN AMENDMEnT TO ORDINANCE REQUIRING VARIANCES FOR BOAT DOCKS EXTINDING GREATER THAN S FEET FROM SEAWALLS ~ommissioner Pistor stated that there have been problems on Marco Island regarding various SiZE boat ~ocks. He stated that there is a lifting device that extends further than five feet out from the seawall and he would like to suggest that staff look into this matter. He stated that he has discussed this matter with Mr. Pettrow, who is willing to look into the matter, but feels that Board action is first needed. Community Development Administrator Pet trow stated that it should also be determined if there should be an amendment to the ordinance for Marco Island or if this s10uld be done county-wide, adding that if BOOK lJ9S p:c.¡ 639 Page 42 aoo< 098 p~r·f 640 November 4, 1986 so directed, he would bring this back with various aspects. Commissioner Goodnight moved, seconded by Commissioner Voss and carried 4/0, (Commissioner Holland out of the room), that Staff be directed to prepare an ordinance regarding boat docks over five feet from the seawall. Tape '7 Item U2F JOINT WORKSHOP TO BE HELD 11/24/86 AT CAMBIER PARK COMMUNIT:' CENTER AT 11:00 A.M. TO 1:00 P.M. BETWEeN BCC AND CITY COUNCIL _ APPROVED Commissioner Pistor statej that the Mayor of Naples suggested a joint workshop be held to dis,:uss matters of mutual interest to the County and the City and to im}rove certain working conditions cetween the City of Naples and Collie~ County, adding that approv~l from the Commission is needed if there is to be a joint workshop. Commissioner Goodnight mO'/ed, seconded by Commissioner Voss a~d carried 4/0, (Commissioner Holland out of the room), that the invita- tion from the Mayor be accepted and the joint workshop be held on 11/24/86 at Cambier Park Community center at 11:00 A.M. to 1:00 P.M. betw~en the BCC and City Council. Item U2G STAFF DIRECTED TO TAKE APPROPRIATE ACTION TO RESOLVE THE DUPLICATION OF HOUSE NUMBERS IN NAPLES ~NOR AREA Commissioner Goodnight stated that several weeks ago, she and Staff were in the Naples Maner area verifying the duplication of house numbers. She stat9d that sh~ would like to instruct Staff to find a solution to this problem as Boon as possible. Page 43 - .. ......,_._"".."... ............._, -~,_._----, .. - .. November 4, 1986 Community Development Administrator Pettrow stated that there are 40 to 50 duplicate numbers ·~nd Staff is prepared to send out letters asking that they use new numbers that will be assigned to them. He stated that the current ordinance provides for street name change but does not provide for number change and he is prepared to try and resolve this problem as the~e is a major problem with the emergency service and the elections office. He noted that this problem happened years ago. Commissioner Goo~night moved, seconded by Commissioner Voss and oarried 4/0, (Commissioner Holland out of the room), that Staff be directeð to take the appropriate action to resolve the duplication of house numbers in Naples Manor area. Item U2H STAFF DIRECTED TO REZONE NORTH 29TH STREET IN IMMOKALEE FROM A-2 TO ALLOW MOBILE HOMES Commissioner Goodnight stated that about a year ago, people in Immokalee came to her and she talked to Zoning Oirector McKim about rezoning North 29th Street, adding that she was told that there needed to be a petition which she brought in, but never knew what hap- pened to it. She stated ttat this area is full of mobile homes and is zoned A-2, adding that she would like to have Staff look into this with the possibility of having this area rezoned. She stated that in the past two years, there has been at least three trailers that have been given permits to move into the area, adding that within the last year because of the Immoka~ee Master Plan and the zoning people that Page 44 ðoaK 098 Wi 641 aaa~ 098 w,£ 642 November 4, 1986 have been put in Immokalee, it has been found that a mobile home can- not be put on an A-2 zoning unless it is on five acreJ of land. She stated that this area was s01d in lots and there are about 15 lots that have been sold and the people want to put mobile homes on them as they were told they could when they purchased the property. She stated that the area needs ~o be consistent and it is full of mobile homes and it should be reznned so that these mobile homes are allowed to be there legally. Zoning Oirector McKim stated that this area is plagued with ille- gal lots with mobile homes \/ithout permits, mobile homes with permits without the mobile home over'lay, adding that there are only two single-family residences on the street a:ld the rest is mobile homes. She stated that it seems appropriate to allow the mobile homes here and the VR district is the only district that will accommodate the uses and the lots sizes thaL exist. She stated that this would be a~mlnistrative as far as the review is concerned but will take five to six months unless it is fast-tracked. In answer to Commissioner Hasse, Mrs. McKim stated that there are several zoning violations or the street that would be put on hold until this zoning is completed. She noted that the Immokalee Master Plan is going to b~ at least a year's work project and this situation needs immediate attention. She indicated that this would be an appJi- cable solution at tilis point. In answer to Commissioner Pistor, Mrs. McKim stated that Staff Page 45 .. .. .. _. ........ ..~~~-....- ... - -......... -...-.. ,.... -. :------ .... .~...- .. .. .. November 4, 1986 review could be done in limited time and then brought to the Board as soon as possible. Commissioner Goodnight moved, seconded by CommisFioner Holland and carried una~imously, that Staft be ðirected to rezone this particular Agriculture area on North 29th street in Irnmokaloe tor mobile homes. ..... commissioner Voss moved, seconded by Commissioner Goodnight and oarried unanimously, that the following items be adopted and/or approved under the Consent Agenda: ..... Item 'HA1 PURCHA8E OF COMPUTER SOFTWARE FOR THE SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM (HAPP) F~OM MCKAY COMPUTER SERVICES, INC., AS THE SOLE PROVIDER IN THE AMOUHT OF $2,290 Item f14A2 AMENDMENT TO HOUSING AND URBAN DEVELOPMENT (HUD) ANNUAL CONTRIBUTIONS CONTRACT (ACC) FOR SECTION 8 HOUSING ASSISTANCE PAYMENTS PROG. (HAPP) See pagff>t '1-7- t,-5a Item #l4A3 CARNIVAL PERMIT 86-7 RE PETITION C-86-4C, OUR LADY OF GUADALUPE CATHOLIC CHURCH, REQUESTING PERMIT TO CONDUCT THEIR ANNUAL CHURCH CARNIVAL IN IMMOKALEE ON NOVEMBER 26 THROUGH NOVEMBER 30, 1986 See Page 0-5"_':) Itetll U4B1 PURCHASE OF REPLACEME!:T COHPUTER AND PRINTER IN THE AMOUNT OF $4,315 FOR USE BY DEPARTMENTS IN THE PUBLIC WORKS DEPARTMENT IteM fHB2 AGREEMENT WITH N~PLES BUSINESS PARK LTD. FOR ACCESS IMPROVEMENTS TO SERVE CORPORATE SQUARE DEVELOPMENT IN CONJUNCTION WITH THE COUNTY'S FOUR LANING OF Rh~IO ROAD, JCT. C.R. 31 TO JCT. SANTA BARBARA BLVD. DEVELOPER TO PAY $22,643 Sel~ Pages 65.l./ -{,(,/ Page 46 &oDK 098 ;~':1 643" aDOK 098 P'\:,( 644 November 4, 1986 It6-m '14B3 BILL OF SALE TO BE EXECUTlm FOR THE TRAUSFER OF WATER LINES SERVING GOLDEN GATE COMMUNITY PARK TO THE COLLIER COUNTY WATER SEWER DISTRICT See Page tt,;{ Item tUBS AGREEMEUT ~ITH THE SHERIFF OF COLLIER COUNTY FOR THE USE OF OUE ACRE LOCATED AT THE COUNTY'S AHIM1\L CONTROL CENTER FOR THE PURPOSE OF ALLOWIUG THE SHERIFF'S DEPARTMENT TO TRAIN THEIR K-9 PATROL UUIT See Pages hh.1 - ht,? Item fUCl STATE EMERGENCY COMMUNICA~~IONS PROGRAM AGREEMENT BETWEEN THE FLORIDA DEPARTMEN'.L' OF COMMUNITY AJ'FAIRS AND COLLIER COUNTY See Pages 00?- 07ö Item tUC2 AMEUDMENT '3 TO CONTRACT 2-86 FOR OLDER AMERICANS ACT PROGRAM FUNDS TO REFLECT BUDGET AND PROGRAM ADJUSTMENTS See Page ~ '7 / Item U4Dl ACCEPTANCE OF UTILITY EASEMENTS AllD AFFIDAVITS FOR ACQUISITION OF LELY ESTATES SEWER SYSTEM See Pages O.R. Book 1230, Pages 638 - 662 Item U4D4 BUDGET AMENDMENT TO CONSOLIDATE FUND 405 AND FuND 408 INTO THE COUNTY WATER/SEWER DISTRICT FUND 408 Item U4E2 POSITIONS RECLASSIFIED AND RETITLED IN THE VETERANS SERVICE DEPARTMENT Page 47 - .. ,-' -........ ...,.-.-_~--_. I ' .... . " i .. . . ,. . , ..... . . . . -.,. '. ......."""""""'-""'._,.,,-'.,.,.~~....,""'--.. - -. -~--_._~--- - ...--~ - . - --...-.. .. - - .. November 4, 1986 Item U4G MISCELLANEOUS CORRESPONDENC ~ - FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referrcd to the various departments as indicated below: 1. Copy of a letter dllted 10/15/86 from col1 ier Mosquito Control District to James C. Giles, Clerk, from Brandt G. Watson, oirector, enclosing schedule for regular meeting dates for the Collier Mosquito Control District and copy of Resolution adopted 9/16/86 levying ð tax for the operation, a copy of Certificate of Budç''"t Adoption and Tax Levy, and a copy of Annual Certified Budget for FY 86/87. xc: BCC; Lori Zalka¡ and Filed. 2. Letter dated 10/17/A6 from O. M. Br?oks, Oirector Division of Housing and Communjcy Developmcnt, Oept. of Community Affairs, regarding 87-CJ-45-09-21-01-113/Immokalee Youth Guidance Volunteer Program, enclosing copy of approved Subgrant application, Certificate of Acceptance, BPSM Financial Status Report (due by 10th day of month following the end of the reporting period), and listing of common audit findings. xc: Ci~dy Conners (with originals); Kevin O'Oonnell; Neil Do!rill (letter)¡ and Filed. 3. Letter dated 10/27/86 from Douglas L. Fry, Environmental Supervisor, OER, erclosing short form application (File No. 11-126386-5, 11-12E369-5, and 11-126381-5) which involves dredge and fill activities. xc: Neil Oorrill¡ Or. Proffitt; and Filed. 4. Letter dated 10/02/86 from Elton J. Gissendanner, Executive Director~ ONR, regerding Beach Management Program and enclosing 7/29/86 egenda item which provides additional information as to the timing and scope of the program and the "Beaches Bill" which provides the legislative authority to enact the program. xc: Neil Oorrill; Or. Proffitt; and Filed. 5. Copy of ~ letter dðted 10/15/86 to Judge Eugene C. Turner, from Nelson A. Faerber, Jr., enclosing a proposed Order, C~se No. 86-00793-MM-A-~.2, State of F1. vs. Stephen Robinson, Oefendant. ; xc: ElCG¡ Ken Cuyler; Jim Giles¡ and Filed. 6. Received 10/28/86 from Dept. of Health & Rehabilitative Services the Standðrd Model Contract Format for County Public Page 48 ~OOK 098 þ}r.~ 645 ~OOK 098 pn 646 November 4, 1986 Hcalth Units Contract between BCC and State of Florida, Dept. of Health & Rehabilitative Services. xc: Filed. 7. Minutes from Marco Island Beautification Committee meeting of October 7, 1986. ~c: Filed. 8. 10/21/86 Order from Public Service Commission amending Certificates To Include Additional Territory regarding Application of North Naples Utilities, Inc. for amendment of Certificatl.s Nos. 462-W and 398-5 to include additional territory in ColliEr County, Oocket No. 861154-WS, Order No. 16756. xc: Neil Corrill; Bruce Anderson; Tom Crandall; and Filed. 9. Letter dated 10/24/86 from Adam W. Addison, Deputy Tax Collector, to Chair~an Pistor, attaching copy indicating postage used and d·." for the 1st tax notice mailing. xc: Joe Warren; and Filed. 10. Memorandum dated 10/7/86 from Stephen J. Scott, Finance Officer, Twentieth Judicial Circuit, advising of funds available for the reimbursement of fees paid to private attorneys for the hdndling of conflict cases. xc: BCC¡ Jim Giles; and Filed. 11. Letter dated 10/16/86 from Jim Chaplin, Manager, 4.6S U. S. Oept. of Housing and Urban Development, advising that our application for Scction 8 Certificates was reviewed and found to be approvable, but not funded. xc: Neil Dorrill; Oavid Pettrow; Wanda Jone9; and Filed. ***** There being no further business for the Good of the County, the meeti~? ~as adjourned by Order of the Chair - Time: ,'....'1) ~U(-\I\ J ."'....::~:; ...'\,~...~~. A..iTt$T:. ~"~~:".\ ~~, ;C~~:!~:f:.µ;~< '-:~LERK 1ti,f/~') .~~/~)C. . "~'::;~':~::~:,~;Y 12:25 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNOER ITS CONT~OL 0 /1··t¥4 (? (d;-!;z' J HN A. PISTOR, CHAIRMAN ., ..' These minutes ~proved by the Board as presented ~ or as ~orrected Page 49 .. - - ~- ,~. ........:.. . . - ...-...-~- -- ..~ -- ..