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BCC Minutes 08/26/1986 R /,,- Naples, Florida, August 26, 1985 LET IT BE REMEMBERED, that the Board ot County Commissioners in and tor the County of Collier and also acting as the Board of Zoning Appeals and as the governing board(s) ot 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" ot 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: Ja~es C. Giles, Clerk, Carmen Ruiz and Maureen Kenyon, Deputy Clerks; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager; Pam Brangaccio, Deputy Assistant County Manager; Ken Cuyler, County Attorney; Bruce Anderson, Assistant County Attorney; George Archibald, Public Works Administrator; Thomas T. Crandall, Utilities Administrator; Dave Pettrow, Zòning/Planning Director; Ann McKim, Planner; Kevin O'Donnell, Public Services Administrator; Jane Fitzpatrick, BUdget Analyst; Nancy Israelson, Administrative Assistant to Board; and Curtis Mills, Deputy Sheriff. '.t¡,\ BOOK 096 PAGe 395 Page 1 :.1 l.~ ~ . J. >, 'I'~.'¡:·~'.··¡¡; :\!. # 'r*: r i;', .:-~~ .~.. XI"::;_': ~ ,fo~" "f..;- ~ ..~; ~i:,' ~.''i.'/' ~.,. <1;'; . August 26, 1986 Tap. #1 It.. #1 AGENDA - APPROVED WITH CHANGES Commissioner Goodnight moved, seconded by Commissioner Voss and carried unanimously, that the agenda be approved with the following changes: 1. Item 6Bl - Petition R-85-9C re A.T.I. ot Naples requesting a rezone from A-1, A-2 and A-2 "ST" to PUD known as Dove Pointe - Continued at Petitioner's request to 9/~6/S6. . 2. Item 7A1 - Petition CCCL-86-4C, Gee & Jenson, Inc. - Continued to advertised date of 9/2/86. 3. Item lOA - Consideration of resolution providing for issuance of a subordinated solid waste revenue bond - Withdrawn by County Attorney Cuyler. Ite. #2 MINUTES OF JULY 29, AUGUST 6 & 12, 1986 APPROVED; AUGUST 5, 1986 APPROVED WITH CORRECTIONS Commissioner ,Voss moved, seconded by Commissioner Hasse and carried unanimously, that the Minutes of July 29, 1986, be approved'as presented. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the Minutes of August ð, 1986, be approved with the following corrections: " Page 707, lines 6 and 7 - $661,000 should be $661,100 and 8394,784 should be 8288,797 Page 710, Motion II should read: Category 029, Clearance Activity, should remain at a budget of $391, and its milestones should reflect the demolition of one (1) building benefiting all 201 low and moderate income persons in the project area. 4 BOOK 096 PA~r 405 "Page 2 ._"'"~..,.._--"-- - ..~ . . ..~ . ., ~~ " ~::~ .,. ,..~ '~;\\.¡~ ···~tI .,' I' r· I' " ~1''':, . i.t'" 1- 096"~'406 ,f"....·,:·,~: August 26, 1986 . ~: ~( Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the Minutes of August 6, 1986, be approved . as presented. Commissioner Voss moved, second~d by Cocmissioner Hasse and carried unanimously, that the Minutes of August 12, 1986, be approved ae presented. Ite. .3 NANCY ISRAELSON RECOGNIZED AS EMPLOYEE OF THE MONTH FOR AUGUST. 1986 ~ Commissioner Pistor presented a plaque t" Nancy Israelson recognizing her as Employee of the Month for August, 1986. Ibm .4 EMPLOYEE SERVICE AWARDS PRESENTED Commiesioner Pistor presented Employee Service Awards to the following employees: 3anie Butts, Veteran Services Pred McDaniel. Building Maintenance Stephen MacDonald, Engineering David Connelly. Building Inspection 15 years 5 years 5 years 5 years Item .S ORDINANCE 86-S8,RB PETITION R-86-10C, WILSON, MILLER, BARTON, SOLL a PEEX. INC.. REPRESENTING STILES CORP., - A-2 TO PUD - ADOPTED Legal notice having been published in the Naples Daily News on JUly 2ð, 1986, as eVidenced by Affidavit ot Publication filed with the t. Clerk, public hearing was opened to consider Petition R-86-10C, filed by Wilson, Miller, Barton, SoIl « Peek, Inc. representing the Stiles Corp., requesting a rezone trom A-2 to PUD known as The Stiles Corp. Page 3 - - - · August 26, 1986 for 18.7 acres of interchange commercial use tor property located on the south side of Immokalee Road, approximately 1/4 mile west o~ I-75, in Section 30, Township 48 South, Range 26 East. Ann McKim, Planner, stated that lands to the north of the property are zoned A-2 and PUD which allows 30 acres of commercial and 680 dwelling units: lands to the east, south and west are zoned A-2 and " the surrounding lands are undeveloped at this time. She added that the Staff and all County agencies reviewed this petition and have no objection to its approval subject to amendment of the PUD document per the staff report. She indicated that the proposed PUD with the recom- .ended amendments complies with the Comprehensive Plan and the cri- teria of the Zoning Ordinance. Planner McKi~ stated that some of the amendments to the PUD outlined on the staff report are basically "house cleaning" items which are generally processing and review procedures and incorporation of the various advisory boards and County departm~nts standard recommendations. She added that recommendations to the PUD accura~ely reflect the proposed PUD master plan and the traffic impact analysis ~ to comply with the criteria in the Zoning Ordinance. She noted that to comply with the Comprehensive Plan, a buffer was recommended along the west and south property line, as, ,this project should repre- sent the wesfe~n edge of the interchange-commercial node at this location. .' Planner McKim stated that the Planning Commission held their public hearing on August 7, 1986. and recommended forwarding this BO~ 096 PA~t 407 Page 4 4 ,"r:: '~)~>,..J. ~;~~.. !",HC~, ~'~ ;'+. :l, . '..,,'... .~·.dfti.' t'" ;~1..·~..iìr.,\, \J. .¡,.',t~t...;.¡;.· , I:~· Î.. f: ~ 096"ltlOO f. ,. August 26, 1986 petition to the Board with the recommendation of approval subject to .~ 1 ' ~¿. the staff stipulations as were amended and outlined on the agreement k~",..,~heet. She indicated .that no one spoke for or against this petition ~:'.:'4at- the public hearing and no correspondence has been received, adding ~l'that th~ PUD document has been revised according to the CCPC". reCOm- :., mendation. She said there is a minor correction on Page 3-3, the t\;o . ,'~,~'~ 'f:' , .(, JIi..... '..J . '(~ . J!!~; .,,J' ï~· ¡'.t'," ., .~. ~. ~ J'~' I, maximum height was inadvertently left out of the final PUD document and there is a revised page with the height of 3 stories added to it. Commissioner Hasse asked what the zoning is immediately east of th~ property? Ms. McKim replied A-2, which is the Regency PUD and doe. have interchange commercial. Alan Reynoldc, of Wilson, Miller, Barton, Soll & Peek, Inc., ,; representing the Stiles Corporation, stated that they concur with all Staff stipulations. He said that one issue that came up was buffering and a provision has been made in the PUD for two alternative. types of buffering, the property is zoned residential to the west and it is zoned to a more compatible use with the commercial uses on this pro- ject. Another issue was in reference to the access into the project and it is proposed to make the entrance coordinate with the entrance to Regency Village, and also make it plausible to have a median t, opening at Immokalee Road tor the type ot use. Commissioner Voss asked if the Stiles Corporation is going to develop the property themselves? Mr. Reynolds answered affirmatively, adding th,t they plan on moving ahead with it but it is contingent 11 Page ð - - .. r· ;) :, ,. ';···'η..,',· ~. (~~',,;:.:, ,', """-~'(' I'~ v- " . .,¡ .'::/-~~~~ '. "".W ~. .'''':'';,.;';:!- ··:f:.A,' .' 4io,~.. ~, . August 26, 1986 upon getting the .individual users within the project and in two to three years things should be under way. Commissioner Voss asked it he would stipulate to 2 to 3 years? Mr. Reynolds answered "Yes," they can comply with that. George Keller, Collier County Civic Federation, stated that he has ' no objection to this petition, but perhaps there should be a mora- torium on big planning until the Master Plan is in order. Chief Jim Jones of the North Naples Fire Department stated that the Department has an impact fee which is requested on a volunteer basis and the Stiles Corporation has been asked and again is being requested to donate the fee. Commissioner Voss asked Mr. Reynolds if they have come to any agreement with the North Naples Fire Department? Mr. Reynolds rep1ied that they have not, and the Stiles Corporation does not have a problem with contribution to the Fire District; a pre- sentation was made to the Fire Department about their adopted resolu- tion concerning voluntary contributions and the Stiles Corporatio~'. position is that if it is an appropriate method to raise funds for' the Fire Department, that it should apply to all development and not just to PUD's. He said that as it is now 'set up, a conventional .;. rezone, a proviþional use or any other type of development that takes place, excl~ive of a PUD, is not required 'to make a voluntary contribution, or is not asked to make one. Commissioner Voss asked Chief Jones if the Department was working on the problem? Chief Jones stated that at the present time the Department is not capable of lOOK 096 P~'.t 409 Page 6 4 ·:9:f\ 'j, ':,' .. ~ 096ng:410 August 26, 1986 ì(., ~ : complying with the request, but ,perhaps a County-wide ordinance can be ~~. .. ..' ·~.dopted for fire impact fee. on all bUilding permi~s and that would be :~.,"~;:,., ," .~>åfairer way to assess the people. .~~; . ..;.-. - ,," . 'Commissioner Pistor'stated that impact fees have to be looked at ~.6IJ : ~to help finance the growing needs of Collier County. .~..,. ,.,.','., . : - Commis.ioner Voss moved, , . ,W' . se~onded-by CO~issioner Goodnight and . carried unanimously that the public hearing be closed. Commissioner Goodnight .ov~d, seconded by Commiasioner Voss and ~,~..~arried, unanimously, that the Ordinance as numbered and entitled below r~t,·,; be .d~p~ed, subject to the Planning Commission's stipulations and with Þ!'':': ' :'- ~~, an added stipulation that development will start at leas~ within three years, and entered'into Ordinance Book .24: ORD!NANCE 86-58 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPRE- HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 48-26-9 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE STILES CORPORATION FOR + 18.7 ACRES OF INTERCHANGE COMMERCIAL USES (MOTEL HÕTEL, RESTAURANTS, ETC.) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY 1/4 MILE WEST OF I-75, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST: AND PROVIDING AN EFFECTIVE DATE. Item #6 ~ RESOLUTION 86-143 RE PETITION SNR-86-ðC, SANDRA HICKS REQUESTING STREET NAME CHANGE FROM JOLLY ROAD TO SHADY LANE - ADOPTED Legal notice having been published in the Naples Daily Newspn August 10, 1986, as evidenced by Affidavit of Publication filed with ,: . Page 7 - - - .~ ~ ',P " " "i.- '¡'~ ... August 26, 1986 the Clerk, publi~ hearing was opened to consider Petition SNR-86-ðC, filed by Mrs. Sandra Hicks, requesting street name change from Jolly Road to Shady Lane which runs east and west approximately 1~ mlles south of Immokalee Road in Section 32, Township 48 South, Range 27 East and intersecting with Rock Road. f· '/", Zoning/Planning Director Pettrow stated that the petitioner is ',requesting the street name change for emergency idtlntification and mailing purposes, adding that the petitioner feels that the name Jolly Road is not a fitting name for the road and is unhappy with this choice. He said that there are no streets presently uSing this name or a similar sounding name. He indicated that Staff has no objections and recommends a?proval. Commissioner Pistor asked if everyone in the area agreed with the name change? Mr. Pettrow replied that the Petitioner $Upplied Staff with 28 names of property owners but there is no petition. Commissioner Voss moved, seconded by Commissioner Goodnight arid carried unanimously, that the public hearing be closed. Tape .2 .: Commissioner Voss moved, seconded by Commissioner GoodnIght and carrIed unanImo~slY, that Resolution 86-14~ re Petition SNR-86-5C, ,Sandra BIcks'requesting street name change from Jolly Road to Shady Lane, be adopted. " I' , I!t'. -~ (.. _..~ aDD!( 096n~till Page 8 (. .: '-'I \.1; . , ,~.., -, . ',' .., . August 26, 1986 lb. .7 RESOLUTION 86-144 ESTABLISHING GENERAL REQUIREMENTS AND PROCEDURES POR AMENDING THE COMPREHENSIVE PLAN - ADOPTED Legal notice having been pUblished in the Naples Daily News on August 3, 1986, as evidenced by Aftidavit of Publication filed with the Clerk, pUblic hearing was opened to consider establishing general requirements and procedures for amending the Comprehensive' Plan. Barbara Cacchione, Planner, stated that because of the Local Government Comprehensive Planning and Land Development Regulations Act, changes to the current procedures are necessary. She indicated that the chang.. from the current procedures that are found in the re.olution are: 1) All amendments to the Plan must now undergo a full review process, including State and Regional review; previously amend- ments that were less than 5' of the County's total land area were not to be reviewed by the State and Regional agencies, it was a only a. local review. 2) Advertising requirements have been changed to comply with current State requirements. 3) Property owner notification within 300 feet has been deleted. 4) The Board of County Commissioners will be required to ~old one public hearing prior to review by the State and Regional ,agencies. ð) State and Regionàl review has been changed " from a 60 day to a 90 day period. She explained that one item retained from the existing procedures is the limit on the number of times that the Plan may be amended; State law permits a maximum of two times per year, with exceptions, and Collier County has limited the submittal of aoOK 096 P~~l 413 ,;',1'~. 4 Page 9 " .' . "c., "'~'J . ·...."..P... '. .' ~:': ~f,r.:Î;r I :',' r· 'w.; , ~ ;: ',1 . "#ll:~ ;.;' .~~'.f:" '4'~~: ,. " I'i August 26, 1986 to once per year since 1984 which prevents them from Plan ~~~~,:",t ~ft, it. entirety. Another item retained, she said, is the tour affir- ~~ ..,mative votes by the Board which is consistent with the rezon~ require- 'fJ.~ , '".: ' .ent. ;;~ Ms. Cacchione indicated that the Collier County Planning Commission held their public hearing on August 7, 1986, and recom- .ended 7/0 for approval of the Resolution, ~nd no one spoke for or against the Resolution. She added that since the Planning Commission hearing, Staff has met with members of the private sector and there have been some rec~mmended changes to the Resolution which are con- ta1ned in the bac~p material. The changes include, she said, that rezones can be submitted at the same time as amendments, emergency amendments and Florida Quality Developments; that the staff processing the amendments is the staft of the Community Development Division; that the initial review of the petition is not intended to function as t. DRI sufficiency; timeframes have been established as to when staff will prepare théir report and when the public hearings will be held; and the major change is that the second Planning Commission hearing has been removed because of time constraints in adopting the amend- ment. She added that the Department of Community Affairs has recom- mended having the second public hearing because the statutory deadline ot 60 days may not be met. Commissioner Pistor stated that he is still concerned about deleting notification ot property owners within 300 feet, because many . Page 10 - - - .'.~ ", " . August 26, 1986 complaints have been received within the last few years where there have been changes in the Plan affecting property owners within 300 feet and they knew nothing about it. He said that the County is fulfilling it's legal responsibility by putting an ad in the newspaper, but everybody does not read the particular newspaper used and perhaps those people should be notitied of any change. Ms, Cacchione stated that this language was incorporated as a matter of policy in the 1979 Plan, and the current Plan is very general in nature and changes could involve notifying everybody in the County or large land areas involving several thousands of people, adding that due to staff workload. and the ability to insure that everybody is notified makes it difficult to notity people within 300 feet. She noted that the requirements of State law are very specific in that the type of ad run in the new8~~per must be a quarter page ad and not 'in the public notice section. County Attorney Cuyler stated that the Board has to weigh the need of the public to know, not only due to the additional expense and the workload of the Statf, but also the notice requirements are strictly con.trued and if the County's policy says that 1,000 people are to be notified, and a few are missed or some mistake happens, then those are .. potential challenges. Commissioner Voss stated that it is important t? notify people on a rezoning, and it is unworkable to try to notify everybody within 300 feet on changes to the Plan, BOOK 096 pm 415 " . ,. ,Page 11 .~ 4 , ;y~ " .. ..,- ~ aDDIt 096 PAGt '416 August 26, 1986 Commissioner Holland stated that the Board had a long, lengthy discussion on the notification of people within 300 feet and a resolu- tion was passed. Com~i.sioner Pistor said that the Comprehensive Plan gives a general idea of land use and does not affect peopl~ directly, but in cases of specit ic uses of a section of land, then peop'le must be notitied that zoning changes will take place. Commissioner Holland stated that people are entitled to know what is hap~ening next to their property, and they do not always read the newspapers. Commissioner Voss stated that trom looking at the sample of the adver- tisement, thousands of people would have to be notified, and it is impractical. . . Commissioner Holland asked if the Resolution establishing general requirements and procedures for amending the Collier County Comprehensive Plan is amended when someone comes in for a zoning change? Commissioner Voss stated that a zoning change is a different matter, and covered under the Zoning Ordinance. Ms. Cacchione stated the rezoning public hearings comply with the Comprehensive Plan; however, the rezoning process is a second process and amendments to the Plan are a different process, adding that each zoning change does . not change the Plan. Commissioner Holland asked if it is an amend- " ment to the Plan? Ms. Cacchione replied that it is an amendment to the Zoning Ordinance, and to further explain why both would happen at the same time, cited the River Reach project which was an amendmént to the Comprehensive Plan and also a rezoning request, and since both . Page 12 - .. - .' I . August 26, 1986 .occurred at the same time, everybody within 300 feet was notified by mail of the rezoning as well as the Plan amendment. Attorney Don Pickworth stated that there were meetings with the ataff on the Resolution and with the present changes, the Plan is better than before. He said that in a land use situation, with the current changes in the Plan, there will be few instances where there would not be public notification along with zoning. CommIssioner Voss moved. seconded by Commissioner Goodnight and carried unanimously, that the public hearing be closed. Commissioner Voss moved. seconded by Commissioner Goodnight and carried unanimously, that ResolutIon 86-144 establishing general requirements and ~rocedures tor amending the Collier County Coaprahensive PIc. as submitted, be adopted. lte. .8 See Page!,! ~/ - ~£ . ORDINANCE PURSUANT TO ORD. 86-41 ESTABLISHING AND SETTING FORTH THE RESPONSIBILITIES AND DUTIES OF THE PUBLIC VEHICLE ADVISORY COMMITTEE _ CONTINUED TO 9/2/86 Legal notice having been published in the Naples Daily News on August 7, 1986, as evidenced by Affidavit .of Publication filed with the Clerk, pub~ic hearing was opened to consider Ordinance pursuant to Ordinance 8~-41 establishing and setting fOrth the responsibilities .. and duties of ~he Public Vehicle Advisory Committee. Bruce Anderson, Aasistant County Attorney, stated that the next advertised ordinance is also related to this one. He said that at present the membership of the board is made up of 3 members from Motor Î ~,". '. . rfJ aoaK 096 pm 417 .Page 13 . ...____.w '~ '" F.'.··, ."...!; '. '.!' :,': ..". ,~: . 1· .-.' ,,0..: 1f., ~:\IO. 096PAG£418 .. August 26, 1986 Vehicles for Hire industry and 2 laymen, and the reason for the change i. that 'the County Attorney's office has anti-trust concerns about an advisory board composed of a majority of persons in the Motor Vehicles tor Hire business revi~wing and issuing recommendations on who should be permitted to compete with them. There is a concern, he said, that \' this procedure may guarantee p~e-ordained recommendations to this Board about who should and should not be allowed to competê with the members on this advisory committee. He ad1ed that the recommended change would make it 3 laymen and 2 members from the industry. Commissioner Pis tor stated that the Contractor's Licensing Board is made up almost entirely ot contractors. Mr. Anderson said that an important distinct~on is that in order to be able to enter the contracting business in Collier County, a competency test has to be taken and passed: the Contractors Licensing Board serves as a regula- tory board when a contractor is charged with violating an ordinance; they do not screen people as to whether they can enter the contracting business. Mr. Anderson stated that another alternative would make this advi-' sory board similar to the Contractors Licen.ing Board in that the Contractors' board is made up of one individual from the different areas of construction, and there are five different categories of Motor Vehicles for Hire that are subject to regulation under the County Ordinance; taxicabs, limousines, vans, busses and trolleys. He suggested the appointment of one member from each of these five categories along, with some lay persons. .. Pa~e 14 I ' . - - - '" --~--,."."~--".."-."",-.,."-",.,,~,,,,~,-,.,,--,,.,,--.--.,,- · August 26, 1986 Commissloner H.... a.ked if some of the.e individual. own vehicle. in any combinatiòn of these categories? Mr. Anderson answered "Yes," they may own more than one certificate. Attorney Don Pickworth, representing the Southwest Florida Ground Transportation Association, .tated that this is an association ot local persons involved in the business who are interested in the area of regulation of vehicle. for hire. He indicated that these individuals believe that the advisory board being considered should consist of a majority from the industry, and the reason is that this would be con- ai.tent with prior practice and people involved in the industry will take a keen interest in the entire subject and will be a valuable .. source of information and assistance to the County. He noted that he does not agree with Attorney Anderson'. anti-trust concerns because this Is ju.t an advisory board to the Commission, assisted by Staff personnel and u1timate decisions will be made by the Commission. He concluded by saying that it is important that the ordinance reflect that the majority of the members be persons appointed from the industry. Commissioner Holland stated that Ordinance 86-4 was passed in 3anuary and it has never been put into operation, and asked why it was not carried out? Tape·.3 .. Commissioner Voss stated that a decision has to be made first on .' whether or not to change the Ordinance and then get it implemented, '~~ IOD~ 096 PACt 419 Page 15 , :",' .. 4 .>"'_\ ;"'tL , ~'t; ,......, .,':!;' (1('11'¡ I :! ' ,i .~ '''.t .' / " " j,: , f , . ':::,.' " .,~ \·í~~i"·~ ;:' :' W.~ ~ ''';',}~.~.i\: .:,~ t:~;~j ""', 'l;j'" ":\.4,,~~,DH 096,AGt 420 ~ ~/' ;, t~~:" August 26, 1986 adding that perhaps the proposed one i. better than the original and that i. what the Board has to decide. Tom'Olliff, Administrative Assistant to the County Manager, stated that the Ordinance was passed with insurance problems. ;;.:"¡ " ., L'~ , "~taff understood through Risk Management that there was a certain f~,,;, "f< amount of insurance required by the State for vehicles for þire, and He said that ... :--~ ,.... after meeting with both taxica~ people and the committee they'deve- loped the same insurance requirements as was in the previoús ordi- nance. He added that it has taken this amount of time to get , , , ,'i' everything straightened out so that the Boal'd could have an Ordinance with insurance requirements that are acceptable to both the industry and the 'County. Now applications can be sent out, he said, informing people what criteria have to be met, including the insuránce criteria, In order for certificates to be issued. Commissioner Holland stated that the feedback he has received from the industry is different. He said that the ordinance, when passed, contained the requirements and the people who had the insurance in force were willing to go ahead with the program, however; there have been 1ð or 18 companies who have gone into the business since January that did not meet the requirements and yet were issued occupational licenses. Mr. Olliff stated that the Advisory Committee needs to review and make determinations on who will or will not be issued cer- ~ tificates and present that to this Commission. Attorney Anderson indicated that the Advisory Committee and this Board will have to review, on an individual basis, each certificate Page 16 . .. .. .. ':.:' \0 .~" ,.,1;;";'~ August 26, 1986 . Issued 8ince January. Commissioner Holland stated that this Ordinance, if pas,sed, will negate any strength that Ordinance 86-4 had when it was passed in January. Attorney Anderson said that all this does is change one of the members of the advisory committee from the industry to a lay person. Commissioner Holland asked it it takes into account the people that are in business from today forward, and not as ot January? Mr. Anderson answered negatively, adding that those that obtained occupational licenses after the adoption date of Ordinance 86-4 still have to come before the Advisory CommIttee and the' Commission. Mr. Gary Mastro, president of the Southwest Florida Ground Transportation Association and also Acting Chairman of the Publlc VehlcleAdvisory Committee, stated that everyone has reached the point where somethlng must be accomplished. He said that the industry has been working hard to give the County Rafe, efficient, and professional transportation service, and he proposed two changes to the Ordinance: 1) Composition of Advisory Committee, ð members, 3 from the industry and 2 unaffiliated; 2) Powers & Duties, add Item 2, To review and make ". recommendatiohs regarding complaints of public vehicle related issues and possible violations of Ordinance 86." " Mr. Mastro read a state- ment concerning' the guidelines of the Advisory Committee. Commissioner Pistor asked for Mr. Mastro's opinion regarding . changing the committee to five people from the industry. Mr. Mastro stated that the industry organization originally reéommended to the ¡;; 096 PACE 421 Page 11 4 '. '.." " "','~' "..' 'ç ,'. ' .;:.~'\ ' '~ ~,<'$, f'iz ~: '~,,//o ~"! ~'" " ',',.p ... " (-ò '; i> , 'DOK r; j'* ", ~ 096 PA(;[ 422 August 26, 1986 ," il.', f' £~ ~: {eo- l..~ í 1:£ l," ,,' '. t . ~';i" ,lay County 3 members from the industry, but one person has submitted his res1gnation. Commissioner Goodnight suggested having 3 industry members and 3 people, then no one could say that the committee was dominated by either'side. County Manager Lusk concurred, and it would alsò alert . this Board if there was a problem, Commissioner Pistor agreed, and Mr. Anderson stated that it would satisfy the anti-trust concerns. Mr. Russ Baisley, owner ot Courtesy Cabs Service, stated that he " obtained his occupational license this year. He mentioned that there are a number ot people who do not have occupational licenses and were oJ not given the information relating to the new ordinance. He said that he recognizes the need tor protecting existing businesses and auggested that the composition proposed by Mr. Anderson be imple- mented. After a long discussion, Commissioner Holland stated that the Board should comply with the laws on the books as ot January. Tape .4 Commissioner Voss moved, seconded by Commissioner Goodnight and carried unan1mously, that the public hearing be closed. In answer to Commissioner Holland's question, Commissioner Pistor -, stated that at this point the decision is to have 3 lay people and 2 members from the industry. Commissioner Holland stated that now two people have to be appointed, one trom the industry because ot a resigna- tion and one lay person. .. Page 18 - .. .. "11\: .. · August 26, 1986 Cammlssioner Voss moved, seconded by Commissioner Goodnight, that Ordinance 88-' be amended to the extent that Section 7 should have Paragraph 2 saying, "To review and make recommendations regarding complaints of public vehicle related issues and possible violations of Ordinance 88-4." Motion carried unanimously. " (Commissioner Holland left the room) Commissioner Goodnight moved, seconded by Commissioner Voss and carried '/0 (Commissioner Holland not present), that the proposed Ordinance be continued for one week. (Commissioner Holland returned) It.. n ORDINANCE AMENDING ORDINANCE 86-4 BY REVISING THE DESIGNATION OF THE MEMBERS OF THE PUBLIC VEHICLE ADVISORY COMMITTEE - DENIED Legal notice having been published in the Naples D~ily News on August 7, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordlnance 86-4 by revising the designation of the members of the Public Vehicle Advisory Committee. Commissioner Holland moved, seconded by Commissioner Hasse and .... carried unanimously, that this matter be continued for one week eo names can be'aubmitted from the industry and the private sector. Nancy Israelson stated at this moment there are 3 people on the Advisory Committee, one non-affiliated and 2 affiliåted, adding there " -;'. . are several names submitted for the affiliated positions. " 4 aODK 096 PAr,£ 423 ,Page 19 am 096 PAGE 424 .. August 26, 1986 Commissioner Pistor stated that since 3 people are already in effect, only two positions have to be considered. After a discussion, County Attorney Cuyler stated that there also should be a public hearing on the ordinance establishing the Public Vehicle Advisory Committee, it needs to be continued: v ì I .~, ~.. , , Commissioner Voss amended his motion, seconded by Commissioner Bolland and carried unanimously, that Ordinance 86-4 remain as is. ,J" ..... Recess: 10:415 A.M. - Reconvened: 10:ð15 A.M. at which time Deputy Clerk Kenyon replaced Deputy Clerk Ruiz ..... It.. .10 RESOLUTION 86-14ð RE PETITION AV-86-012, A.B.C. TOMATOES, INC. VACATING A PORTION OF 13TH STREET. EASTOVER SUBD. IMMOKALEE _ ADOPTED Legal notice having been published in the Naples Daily News on August 10 and August 17, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- 8ider Petition ÞV-86-012, filed by A.B.C. Tomatoes, Inc. requesting a vacation of a portion of 13th Street, Eastover Subdivision, in Immokalee. Public Works Administrator Archibald stated that the location of the street is south of State Road 29 and the end of the street is . being vacated for about 150 feet. He noted that the street is esen- r, tially unimproved and "Letters of No Objection" have been received from all pertinent utilities. He stated that Staff recommendation is tor approval. Commissioner Voss moved, seconded by Commissioner Hasse and carrled unanimously, that the pUblic hearing be closed. .. Page 20 - - - -;"," . August 26, 1986 Commie.ioner Vos. moved, seconded by Commissioner Bolland and carried unanimously, that Resolution 86-14ð re Petition AV-86-012, A.B.C. Tomatoes, Inc. vacating a portion of 13th Street, Eastover Subd., Immokalee be adopted. .~ .... , . ... .. '.:, .' ,j aDDK 096 PA~(4.25 Page 21 , ~. . ~': ~ ~ t... U .í . J J 1 . 'tf ~':i .. August 26, 1986 ", , Ite. .11 RESOLUTION 86-146 RE PETITION AV-86-013, RICHARD W. JARMER, REQUESTING VACATION OF A PORTION OF BAY AVENUE, BAY PARK SUBD. SO PETITIONER MAY CONSOLIDATE LAND - ADOPTED - QUIT CLAIM DEEDS APPROVED Legal notice having been published in the Naples Daily News on August 10 and August 17, 1986, as evidenced by Affidavit of -. Publication filed with the Clerk, public hearing was opene~ to con- eider Petition AV-86-013 filed by Richard W. Jarmer, requesting vaca- tion of a portion of Bay Avenue, Bay Park Subdivision, so petitioner may consolidate land. Public Works Administrator Archibald stated that this is a request to vacate a street that was platted but never constructed, adding that it runs to the east from Sandpiper Street and is being vacated for approximately 13~ feet. He noted that "Letters of No Objection" have been received and Staff recommends approval. Commls~ioner Goodnight moved, seconded by Commissioner Voss and carried unanimously, that the public hearing be closed. Commissioner Goodnight moved, seconded by Commissioner Voss and carried unanimo~sly, that Resolution 86-146 re Petition AV-86-013, Richard W. ~armer, requesting vacation of a portion ot Bay Avenue, Bay ,\ Park Subd. so petitioner may consolidate land be adopted and two related QuIt Claim Deeds be approved. " 4 BOOK 096 PAGt 4.27 Page 22 , " ' ~~.~Jr:f~ < ' " '" " I·~ ~- ~ I · .;..¡." 1, C August 26, 1986 ~~f Ite. .12 ,.... )1' '~ WORltSBOP ON SLUDGE DISPOSAL TO BE HELD ON SEPTEMBER 16, 1986, AT 2:00 ·P.M. OR THE CONCLUSION OF THE REGULAR MEETING Pollution Control Director Lorenz stated that this is a request to set a workshop date or. the topic of Slu~ge Disposal in Collier County. Be stated that Staff would present the findings on the quantity of eludge in Collier County that is being produced and what the charac- teristics of the sludge are as well as seeking direction from the Board for a possible regulatory role for Collier County with regard to permitting the application ot sludge on land, a monitoring program to assess the effects of sludge disposal on the County's water resour- ces, and an educational campaign to ensure that those who handle sludge understand their responsibilities under DER's rules. He stated that he is requesting that the Board of County Commissioners schedule the workshop during the week of September 15. 1986. Commissioner Voss moved. seconded by Commissioner Hasse and carried unanimously, that the workshop on sludge disposal be held on September 16, 1986, at 2:00 P.M. or at the conclusion of the regular aeet1ng. Item .13 PETITION PU-86-8C, WILSON, MILLER, BARTON, SOLL & PEEK, INC. REPR. COLLIER DEVELOPMENT CORP., FOR A PSYCHIATRIC HOSPITAL NORTH OF IMMOKALEE ROAD - ACTION DEFERRED FOR 3 MONTHS OR UNTIL CERTIFICATE OF NEED IS ISSUED AND THEN IT WILL BE RECONSIDERED BY THE BCC Planner Weeks stated that the subject property is one-quarter mile north of Immokalee Road and one-halt mile off U,S. 41, adjacent to the &001( 096 PAGt 431 ·page 23 , " " ... 'OK 096 PAGt (32 . August 26, 1986 south side of Cocohatchee River and adjacent to the west of the old Seaboard Coastline Railroad easement. He stated that the petitioners are requesting provisional use tor an essential service and in this ,case, it will be a psychiatric hospital. He stated that the ... .r' Cocohatchee River acts as a natural buffer area, adding tha~ all the surrounding properties are zon~d A-2, A-2 "ST", and are undeveloped. He stated that the site plan shows that a road is proposed' along the east boundary, the southern boundary, and the southern half of the west boundary which leads to the parking façilities. He stated that a ~ ballfield is proposed at the ncrthwest corner and at the northeast corner. He stated that Staff feels the road leading into the parking facility should be buffered, He stated that the proposed site plan is not an approved plan and one of the stipulations is that at the time of building permit application that a detailed site plan be submitted. He noted that Staff is recommending approval of this petition subject to the stipulations outlined in the Executive Summary with Stipulation "3" being deleted as recommended by the CCPC and with Stipulation "R" being amended to add "if deemed necessary by the Zoning Administrator when the adjacent property to the west across this easement is developed". He stated that the petitioner has agreed to this amendment. He stated that at the CCPC hearing there were no I, speakers in favor or Opposed to the petition, but subsequent to that time there , ~ttOlO. ~'~;l . A, .:\,:,~'~ .. ,:~~ ~.. :f it, has been one letter received in opposition from Mr. Victor~, . Page 24 -, .. .. - tA"';C"A. ....." ,~:fl, .~, ' ,~~,'~"," ~,~~'I~'_' ~\ri~ '~: 't~w.<~-; . August 26, 1986 Commissioner Pis tor stated that his letter indicates that he is ~ J. b against approving a psychiatric hospital in this area as he has had ~~ , ' UPles as wel~ as in problems with thelJl ~n/o ne:t' areas w¥eletPi a~M'nt1K~d~nd N~~~ego~o~~~~HM ~ospital openly ~mlt~ llablllty 0 i 1 from doctors that formerly pr acticed at that hosp ta , Planner Weeks stated that the Petitioner has not clarified Stipu- ' lation "0" as to whether the proposed access roads are intended to be privately owned and maintained or public roads. Public Works Administrator Archibald stated with refer,nce to Stipulation "J", there will probably be 25 feet of right-of-way needed and the developer has agreed to cooperate at the time that it is needed. 1'epe .5 L. ~" Mr. Alan Reynolds of Wilson, Miller, Barton, 'Soll & Peek, Inc. " representlng th~ Petitioner, First Hospital Corporation, stated that the location of this site is well suited tor this particular use. He stated that the site is approximately 10 acres, adding that the nat~re of the facility under the provisional use is a tree-standing licensed psychiatric hospital. He noted that there are associated outdoor recreational areas for this type of hospital. He indicated with regards to acce~s to the property, the plan is to construct a road along the ol~ railroad right-of-way, adding' that Collier Development .. will construct~the roads according to County standards, but they will be private roads and maintained, but they will be built to County standards in case there is a need in the future to dedicate the roads to the County. He noted that a traffic impact statement was done ~or BOOK 096 PAG[ 433 4 Page 2ð . , ~~ :1:-·, ~ìll 096 ",,434 !,""" '- ~ August 26, 1986 this project and there was no change of level for service due to this project. He reported that this is a 60-bed facility and is the maxi- mum that would be constructed. He stated that the landscape butter language has been worked out and there is an additional 100 feet in the right-of-way adjacent to the west property line and adjacent to that is a canal and Collier Development property and, therefore, buf- . fering does not seem to be any problem trom their point of. view. He indicated that the right-of-way dedication W3S deleted becauDe it was felt that it would be appropriate to ask tor that right-of-way dedica- tion at the time that the property actually comes in for development ... approval. He stated that the property is not a part of the applica- tion at this time, which is why the stipulation was deleted. He reported with regards to a Certificate of Need, the psychiatric hospi- tal has applied for same, noting that the application is now working it's way through the process, He stated that they are processing the provisional use and the Certificate ot Need concurrently as the provi- sional use usually takes about 6 months and then there is a one year tlme limit to commence development with a one year extension. He noted that the Certificate of Need can take from one to two years before the tinal approval is received and as part of that process, the , aite has to be identified. He stated that this process is specific for this need and if the Certificate of Need is not granted, the pro- visional use will expire at the end of the one year period unless the Petitioner specifically comes back to the Board of County Commissioners. t ,. Page 26 , .. .. .. " ~. ,,() . August 26, 1986 Commissioner Pistor stated that under the health plan the need for additional beds in Collier County in 1991 would be 29 psychiatric beds and 8 dru~ abuse beds and there are already 32 psychiatric beds and 11 drug abuse beds. He stated that these people applied tor a Cer- tificate of Need in 1983 and they were turned down. He stated that he feels that they stand little or no change of getting a CON. Commissioner Voss questioned what happens to the property if the CON i. not obtained, to which Mr. Reynolds stated that First Hospital Corporation would own a piece ot property that is zoned Agriculture. Attorney Don Pickworth, representing Collier Development Corporation, stated that in order to assure that there is no question as to the use of the property, he is proposing an additional stipula- tlon be added that says that the property shall ònly be used as a psychiatric hospital and in the event that a psychiatric hospital can- not be construct~d this provisional use shall expire in accordance with the Zoning Ordinance. Mr. Greg Mertz, Director of Development for First Hospital Corporation, stated that he is prepared to purchase 10 acres and take their chances on proceeding with the project. He stated that within the next 12 to 18 mónths a Certificate of Need may no longer be an issue, according to the Federal authorizing legislation. 'He stated that in terms òf relationship with the Naples Community Hospital there is none in terms ot ownership, but in terms ot relationship the Community Hospital has proposed to the State and has in its long-range BOOK 096 PA(;[ 435 Page 27 4 . . ¡' I .: ~.~'~ '0, . I " ~~~"" vtf., , ¥".,;, '. ~" ~;; ."" 096 'lOt 436 ~ August 26, 1986 plan to relocate a portion of itselt to the site to the south and to the west of their location. He stated that there has been an agreement reached with the Administration of the hospital that in conjunction wi th their plans, they" would purchase support services, dietary and ¡. ~', similar services so there will not be duplication. He stated that this psychiatric hospital is proposing to have specific speci~lized programs tor adults, older adults, and adolescents. He stated that he is proposing that these beds be licensed, and under the current program they would be entitled to insurance reimbursement, Medicare, ~ and similar kinds of third party payments. He presented brochures on other ,similar facilities throughout the country, indicating that the one in Naples would be a single-story building and would'blend with the environment. He stated that First Hospital Corporation currently owns and operates 12 facilities throughout the country and one under construction in Puerto Rico. He stated that there is one medical surgical hospital in Milwaukee which was acquired as a purchase of another system, but all the others are psychiatric, adding that there is one on Pine Island and one under development in Palm Beach. Commissione~ Voss questioned if indigent people are accepted, to which Mr. Mertz stated that the David Lawrence Medical Health Clinic 'has informed them that they do not need at this timø any cooperative I, program with them. He stated that all the hospitals have a provision for free care. Commissioner Voss stated that he thinks that the CON should be \ obtained prior to this petition being approved. Page 28 .. - - - August 26, 1986 Commissioner Holland stated that as long as it is agreed that this .it. would be only used for a psychiatric hopsital, he has no problem with it. In answer to Commissioner Hasse, Mr. Mertz stated that the psychlatric hospital that is being proposed is a short-term acute care hospital. which means that they will take care of patients that can get better, noting that the average length of stay for the patients is two to three weeks and th2n the patient is discharged back into their own environoent. He stated that the program that is being proposed i8 a combination of in-patient residential kind of care as well as follow-up care after they are released. He stated that this hospital is not equipped to handle people that are a threat to them- selves or others. He stated that they do not plan on taking involun- tary admissions unless it is an emergency. Commissioner Voss stated that in spite of the stipulations, he has a concern that the County could end up with a County hospital, wh~c~ is why he feels that the Certificate of Need should be obt~ined first. Mr. Bob Krasowski stated that he had some concerns about this facility that have been answered, noting that if the low-grade of non- dangerous patiepts is maintained at this facility, he has nothing against this. hospital. He stated that if ~his facility is gOing to .. serve the needs of the community, he would not have any problem with it, but if the facility starts importing people, fie· is not sure that this would be the right site. aOIl( 096 PA~t 437 Page 29 ". .' I " " 096 PACt 438 ~ August 26, 1986 In answer to Commissioner Pistor, Mr. Mertz stated that they are prepared to spend $4.~ million for the land and the facility, adding that they would also be employing about 1~0 people. He stated that he feels that there is a need for this type of facility. Mr. George Keller, President of Collier County Civic Federation, stated that he is disturbed about using provisional use for things that do not appear to be provided under provisional use. He stated that it this facility is needed to service people of Collier County, he would be in favor ot it, but he does not know whether or not the present'facilities are sufficient to take care of the immediate use. He stated that nothing should be done until the Certificate of Need is obtained. Tape .6 Planning/Zoning Director Pettrow stated that under the Essential Services this has to be a provisional use tor a hospital, psychiatric clinic or treatment center, adding that however it is stated would be interpreted as needing provisional use. He stated that a provisional use is a permitted use but not normally done without restrictions or some kind of guårantees that the height, the number, the area, the safety, etc. is being looked at. He stated that where there is surrounding properties, the extra precautions are taken. He stated " that provisions for hospitals must be made as well as adult congregate living facilities in residential neighborhoods and this is done by a provisional use, which is a permitted use with restrictions and not a zoning in itself. .. Page 30 .. - - · August 26, 1986 Mr. A. William Bancroft, representing Charter Glades Hospital, atated that he is strongly opposed to this petition based on the fact that there is no CON. He stated that by 1991, there will be a pro- jected need for 37 beds in the area, but currently there are 43 existing beds. He noted that the 104 bed unit at Charter Glades Hospital meets the needs of Lee, Collier, Charlotte, and Hendry Counties and they have never been filled to capacity. He stated that the highest Occupancy has been 80% which W&s one peak time, adding that they u£ually run in the area of 60-65% occupancy. He stated that there is already 'an over-abundance of beds for the services, noting that to support this position at this time would drive up the cost of health care in this area. Commissioner Holland questioned what percentage of the patient load is from Collier County, to which Mr. Bancroft stated that around 30-3ð' of the pa~ients come from Collier County. Commissioner Holland stated that the treatment is a needed service and one of the concerns on the CON process is to bring prices down and not up. He stated that if there is only one hospital in the area for the people to use, the rates can be set at whatever they choose. Mr. Bancroft stated that their hospital is regulated by the Health I Cost Contain~ent Boards and reviewed to keep cost down. He stated that if the market is made more competltive it will drive up the cost of health care in the area. " Commissioner Hasse moved, seconded by Commissioner Voss, that this petition be deferred for 3 months to find out if the CON is approved. BOOK 096 PAGE 43.9 Page 31 J.~~,·i" , . ; ~.4.:,·t~~ '-"If.!'"; ~·'·I..1fj ,~.~·~~i41\ > .~;Â." ,f \~~-;..~,,>,., . ~Y~'i:·; " .... " ~¡'.l': ~.;~\. . ~ ;-~. ~,~ ~f' ';: '-, 0~ :~::i:\~ ~ August 26, 1986 County Attorney Cuyler stated that this petition can be continued, : but after a reasonable period ot time it will constitute a denial of '¡. . ~, the petition as it exists. !\ ., ¡;; -" Attorney Plckwort~. stated that it would seem that the denial of ~~~;th. CON would be covered in the provisional use by the stip~lation L. " that indicates that in the event that a psychiatric hospital "cannot be , . constructed, then the provisional use would expire. Commissioner Goodnight stated that the petitioner has come before the Board for a provisional use and that i~ what should be voted on, adding ~hat she is not qualified to determine if there is a need in Collier 'County for a psychiatric hospital and this is not the job of the Commission. Commissioner Holland stated that he talked with the Administrators at the Naples Community Hospital and they have no opposition at all to this facility. Upon call for the question, the motion carried 3/2, (Commissioners Goodnlght and Bolland opposed). Mr. Pickworth stated that he needs clarification on the motion, and questioned if they are recommended for approval of the CON is the provisional use automatically approved? County Attorney Cuyler stated that the petition would have to be '. brought back to the Board. Commissioner Pistor stated that the petition will be deferred for 3 months or until the CON is issued, at which time it will then be considered. ;,¡ Page 32 .. .. .. - - . August 26, 1986 In order to clarify the previous motion, Commissioner Hasse moved, seconded ,by Commissioner Voss and carried 3/2, (Comm1ss10ners Holland and Goodnight opposed), that action be deferred on Petition PU-86-8C tor 3 months or until the CON 1s issued at which time it will be brought back to the Board of County Commiss10ners for consideration. ..... Recess: 12:0ð P.M. - Reconvened: 1:4~ P.M. ..... Ite. .14 BI~ .88-1005 rOR LEFT-TURN AND SIGNALIZATION IMPROVEMENTS AT JUNCTION OF U.S. 41 AT C.R. 896 AND JUNCTION or C.R. 886 AT C.R. 8~1 _ AWARDED TO SETTER ROADS. INC. IN THE AMOUNT OF S~2.811,70 Legal notice having been published in the Naples Da11y News on July 13, and July 20, 1986, as evidenced by Affidavit of Pub11cation f11ed with the Çlerk, bids were received for Bid #86-100~ for left- turn and signalization 1mprovements until 2:30 P.M., August 8, 1986. Public Works Administrator Archibald stated that this 1s a recom- mendat10n to award Bid #86-100ð to the low bidder tor construction of turn lanes on U.S. 41 at Pine Ridge Road and on Goodlette-Frank Road ~ at Golden Gate Parkway. He stated that in both cases there will be dual south-bound left turns to shorten up the interval it takes to allow the turning movement to Occur. He stated that they will both , increase the~capacity of the 1ntersections to handle traffic but also should decreasè the delay involved in waiting tor the turning move- ments. He stated that tour bidders submitted propoáals tor the pro- ject and the low bid was by Better Roads. Inc. in the amount of $~2,811.70, adding that Staff is recommending the low bid as meeting lOOK 096PAGl441 Page 33 ., , .,r,,',·'...·"'I··', . .;-;-\. "Y~ . ~~ ;. .' ~~" ¡ "'.: <1; , , . .~ - ,..... . '/ :~'~ , ~: it.:~ t' tlOOl 096 PIG[ 442 " ~ August 26, 1986 the specifications and being in the best interest of the County as their bid was only about 10~ above the County's estimate. He stated that this money will come out of Fund 313, the Gas Tax Fund. i· Commissioner Voss questioned if any thought has been given to a '·long stacking lane for right turns on Airport Road southbound an~ Golden Gate Parkway, to which Mr. Archibald stated that the'~roblem at Airport Road and Golden Gate Parkway is the County does not have right-of-ways and they are negotiating for such a right turn lane. He stated that the same problem exists eastbound on Pine Ridge at Goodlette/Frank Road. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that Bid #86-1005 for left-turn and. signalization improvements at Junction of U.S. 41 at C.R. 896 and Junction of S.R. 866 at C.R. 851 be awarded to Better Roads, Inc. in the amount of $ð2,881.70. Item .1ð AGREEMENT WITH U.S. RESICO DEVELOPMENT GROUP FOR ACCESS IMPROVEMENTS TO SERVE THE SANTA BARBARA BLVD. LANDINGS DEVELOPMENT IN CONJUNCTION WITH THE COUNTY'S FOUR-LANING OF SANTA BARBARA BLVD., JCT. 84 TO JCT. RADIO ROAD - APPROVED Public Works Administrator Archibald stated that this item is an agreement between the County and a developer to jointly undertake some improvement. under the County contract for their entrance way. He I. .tated that this is a typical agreement where there is advantage to both the County and the Developer to coordinate the roadway improve- Page 34 . I .. .. " - - - i '. ,.... ..... " &'f'!~J,~. · August 25, 1986 ments at the same time, adding that in this case the County is dealing with the ~evelopers ot Santa Barbara Landings which is located on the southeast corner of the intersection of Santa Barbara Blvd. and Radio Road. He stated that they have agreed to pay the County its cost plus overhead to construct under the County contract a median opening, a southbound left-turn lane and a northbound right turn lane. He stated that the developer gave 100 feet ot right-of-way in' order to build the road to begin with. Commissioner .Voss moved, seconded by Commission~r Hasse and carried unanimously, that the Agreement with U.S. Resico Development Group for access improvements to serve the Santa Barbara Blvd. Landings development in conjunction with the County's four-lanlng of Santa Barbara Blvd., 3ct. 84 to Jct. Radio Road be approved. .....': " , ' " BOOK 096 PAG[ 443' 'Page 3ð , . r. { ( · August 26, 1986 Itell .18 SOLID WASTE DISPOSAL CONTRACT WITH THE HENDRY CORRECTIONAL INSTITUTION TO ENABLE THEM TO PAY FOR WASTE DISPOSAL - APPROVED Public Works Administrator Archibald stated that this item is an agreement that is being required by the State ot Florida to allow the Hendry County Correctional Facility to utilize the landfill in Immokale~. He stated that in order to utilize the ticket procedures that are implemented at the landtill, the State is requesting that this agreement be entered into. He noted that the fee schedule is $15.00 per ton and subject to an increase next year. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the Solid Waste Disposal Contract with the Hendry Correctional Institution to enable them to pay for waste djspo- sal be approvetl. See Pages Jj.(,h - Lj4, 7 Tape '7 Item .17 ANNUAL SALARY OF 831.800 FOR THE COUNTY PURCHASING DIRECTOR _ APPROVED Commissioner Pistor indicated that this item is to approve an annual salary rate for the Purchasing Director which is recommended to be $31,800. Commissioner Voss moved, seconded by Commissioner Goodnight and .' carried unanimously, that the annual salary of $31,800 tor the County Purchasing Director be approved. Item .18 COUNTY ATTORNEY AUTHORIZED TO CONTACT AT&T REPRESENTATIVES REGARDING ANY INQUIRY THAT IS DEEMED NECESSARY WITH REFERENCE TO THE CONTRACT 'OaK 096 pm 451 Page 36 '.. :~. . , , ' ... ",r ~ ,o~ 096pm452 August 26, 1986 County Attorney Cuyler stated that he has reviewed all the docu- ments surrounding the contract, the specifications, the proposal, the Board minutes, the consultant's report, the contracts, amendments to the contracts, all the purchase agreements and he has not seen anything that would form the basis of a 8uit against AT&T for: misrepresentation, but there are questions regarding the fact that AT&T indicated that there would be no major revision to bring the system up to 1,300 lines, He stated that it appears that when they ~ were talking about the system they were talking about Contiguration 2 and ,3, with Configuration 2 being the Board of County Commissioners and the Constitutional Officers and Configuration 3 being the Sheriff's Department. He stated that he still has questions and he would like to be authorized to contact an AT&T representative to check further into the issue. Commissioner Holland moved, seconded by Commissioner Hasse and carried unanimously, that the County Attorney be authorized to contact AT&T representatives regarding any inquiry that is deemed necessary with reference to the contract. Item .19 ROUTINE: BILLS APPROVED FOR PAYMENT ro Pursuant to Resolution 81-1S0, the following checks were issued through Friday, August 22, 1986, in payment of routine bills: CHECK DESCRIPTION CHECK NOS. AMOUNT Vendors BCC Payroll 141S11 -1418S8 0336S0 - 034284 $S16,142.70 $281,138.71 .. Page 37 - - .. .;,. · August 26, 1986 Ite. .20 ' BUDGET AMENDMENTS 86-403/404 AND 86-406/407 - ADOPTED Commissioner Goodnight moved, seconded by Commissioner Holland and carried unanimously, that BUdget Amendments 86-403/404 and 86-406/407 be adopted. " Ite. .21 COMMISSIONERS PISTOR, HASSE AND GOODNIGHT TO SERVE ON THE PROPERTY APPRAISAL ADJUSTMENT BOARD AND COMMISSIONF.R VOSS TO SERVE AS THE ALTERNATE Commissioner Holland moved, seconded by Commissioner Goodnight and carried unanimously, that Commissioners Pistor, Hasse and GOOdnight serve on the Property Appraisal Adjustment Board and that Commissioner Voss serve as the Alternate, if necessary. Ite. .22 COUNTY ATTORNEY DIRECTED TO ADDRESS IN AN ORDINANCE THAT HE IS PROPOSING WARNING LIGHTS ON ICE CREAM TRUCKS, ETC. THAT STOP ON STREETS AND CREATE TRAFFIC HAZARDS Commissioner Holland said that there are trucks that are stopp'ing on the streets that do not have warning lights and are creating .... traffic hazards. Commissioner Pistor stated that the ordinance having to do with people selling things around the County is under review at this time " and this is án addition that could be added. Commissioner Holland stated that if this could be added to the ordinance that is being prepared, he would be pleased. Commissioner Pistor directed the County Attorney to look into the matter and include it in the ordinance that he is preparing. BOOK 096 PAC£ 453 Page 38 4 096 PAGE 454 ~ August 26, 1986 ..... Commi.sioner Voss moved, seconded by Commissioner Goodnight 'and carried unanimously, that the following items under the Consent Agenda be approved and/or adopted: ..... Item .23 AGREEMENT W/WILLIAM L. CRAWFORD & JAMES H. MOODY, TO RELEASE FINAL CONTRACT MONIES OWED FOR REHABILITATION/CONSTRUCTION UNDER THE 1983 CDBG PROGRAM See Pages 1--'?- 4-69 Item .24 AMENDMENT TO HOUSING AND URBAN DEVELOPMENT (HUD) ANNUAL CONTRIBUTIONS CONTRACT CACC) FOR THE SECTION 8 MODERATE REHABILITATION HOUSING ... PROGRAM See Pages 4-70- 47¿t- It.. .25 RECORDATION OF RIGHT-OF-WAY MAP FOR SANTA BARBARA BLVD. BETWEEN RADIO ROAD AND DAVIS BLVD. See Page 47S Item .26 EXCAVATION PERMIT NO. 59.264 "TIMBERWOOD", SEC. 13, T49S, R2ðE, WITH STIPULATIONS 1. The excavation shall be limited to a bottom elevation of -2.0 ft. ngvd. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of 0.0 ft. ' ngvd. 2. No excavated materlal shall be removed from the project site. .. 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District and a copy provided to the Water Management Director for his approval prior to the commencement of any dewatering' activity on the site. 4. Where the minimum clearance between lake top-of-bank and building foundation is less than 30 feet, no BUilding .. Page 39 " .. - - _'''_~''''_.''_'' '"c....",~ """~'"""__'''''''' . August 26, 1986 Construction Permits will be issued for any proposed construction around the perimeter of any lake unless and until all lake side elopes adjacent to the proposed construction have been completed and approved by the Collier County Water Management Department. Ite. .27 TWO-YEAR RENEWAL OPTION EXERCISED FOR JANITORIAL SERVICES UNDER MCGINLEY MAINTENANCE. INC. CONTRACT Ite. .28 EXCAVATION PERMIT NO. 59.26ð "BENTLEY VILLAGE", SEC. 9, T48S, R25E, WITH STIPULATIONS '1. The excavation shall be limited to a bottom elevation of -1.0 ft. ngvd. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of -1.0 ft. ngvd. 2. No excavated material shall be removed from the project 8ite. Item .29 LEASE AGREEMENT 7.ETWEEN BOARD OU COUNTY COMMISSIONERS AND W.B.S. CORP. FOR OFFICE SPACE FOR YOUTH GUIDANCE PROGRAM See Pages Jf7~ -'f1~ Item .30 STAFF TO SEEK ALTERNATIVE LOCATION AND NEGOTIATE LEASE AGREEMENT TO RELOCATE THE NAPLES TRANSFER STATION AND REPORT BACK TO BCC Item .31 RESOLUTION 86-147 PROHIBITING THE OPERATION OF VEHICLES IN EXCESS OF ONE TON FROM THRU MOVEMENTS ON BARFIELD DRIVE BETWEEN SAN MARCO DRIVE AND N. BALD EAGL! DRIVE See Page ~r3 Item .32 POSTED SECURITY FOR SUBDIVISION IMPROVEMENTS FOR MARCO SHORES UNIT ONE. AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF SUBDIVISION IMPROVEMENTS. RECORDATION OF FIRST MORTGAGE. PLAT APPROVED FOR RECORDING. ALL SUBJECT TO STIPULATION. BOOK 096 PAr,L 455 " .\"¡,;,:. ... Page 40 ..._~..."''"''"',.''~-,.,^.",.._",-----~~.."_._--_.- 'f-¡'t< " ~~.! t ' !- ',!~~ .: 'I'" ~f:',"',)t¡,<,.,~OD ( 4" ",:. . ..; 0961'AGt 456 ~ August 26, 1986 1. County Attorney to review all documents tor completion prior to execution of the Agreement by the Chairman ot the Board. Item .33 See Pages I¡Lf'l--Sot, ,.<'". CONCEPT OF THREE-PHASE PLAN FOR INSTALLATION OF REGULATORY BUOYS ALONG MARCO ISLAND SHORELINE~ IMPLEMENTATION OF PHASE I FOR APPROX. $l,O~O. PROCEED WITH DEVELOPMENT OF OTHER TWO PHASES. Item .34 'c RESOLUTION 86-148 AUTHORIZING ExECUTION OF A JOINT PROJECT AGREEMENT BETWEEN COLLIER COUNTY AND FL. DOT FOR STATE MATCHING FUNDS TO FOUR-LANE A SEGMENT OF DAVIS BLVD. IN CONJUNCTION WITH EXT. OF SANTA BARBARA BLVD. See Pages ...5"07- ..5' / / Ite. .35 . ;- I AMENDMENT TO GRANT APPLICATION/BUDGET OF THE OLDER AMERICANS ACT TO REFLECT ADDITIONAL GRANT MONIES IN AMOUNT OF $816 . See Pages 51 ~ -...s /? Item .36 ACCEPTANCE OF ADDITIONAL COMMUNITY CARE FOR THE ELDERLY FUNDS IN THE AMOUNT OF $120.90ð AND ADDITIONAL LOCAL MATCH OF $13.433 BE APPROVED See page8S/7~/.r Item .37 CONTRACT AWARDED TO HOLE, MONTES a ASSOC., INC. IN AMOUNT OF $4,9~0 POR ENGINEERING SERVICES RE CAPRI AREA REPUMPING FACILITIES See Page , ....~ ¿). 0 . Item .38 BID .8ð-927 IN AMOUNT OF $20,6'7.29 TO VERMEER SOUTHEAST SALES AND , SERVICE FOR UTILITIES EQUIPMENT Request is made to authorize duplicate equipment under Bid #8ð-927; bid price is effective until September 30, 1986. Page 41 . - " - - ,.,.'" .' I . August 26, 1986 Ite..U PAYMENT rOR EMERGENCY UTILITY REPAIRS AT THE GLADES WATER PLANT ON AUGUST 1. 1986. IN AMOUNT OF $2.800 TO PIP! SERVICES INTERNATIONAL Ite. .40 REIMBURSEMENT TO ISLE OF CAPRI FIRE DEPT. $1,639 FOR REPLACEMENT OF A LAWNHOWER Ite. .41 DUPLICATE TAX CERTIFICATE NO. ð46 TO WM. J. PORTER See Page S;;J. / Ite. .42 MISCELLANEOUS CORRESPONDENCE - FILED AND/O~ 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. Received 8/14/86 Notice of Sale from Circuit Court of the Twenti~th Judicial Circuit, Case No. 86-826-CA~01-CTC, Jim Walter Homes, Inc., Plaintiff, vs. 3ames L. Allen and Deborah D. Allen, his wife; Fl. Farm Bureau Mutual Ins. Co,; and Collier County, Fl., Defendants. xc: Ken Cuyler and filed; 2. Letter dated 8/1/86 Tom Lewis, Jr., AIA, Architect, Dept. of, Community Affairs, enclosing Notice ot Proposed Rulemaking regarding Comprehensive Plans and announcing two public hearings to be held on August 18th. xc: Pam Brangaccio, Community Development and filed. 3. Notice of Proposed Rulemaking from Dept. of Corrections received 8/4/86. xc: BCC and filed. 4. Lette~ dated 8/11/86 from Douglas L. Fry, Environmental Supervisor, DER, enclosing a short form application (File No. 11123325ð, 111233445) which involves dr~dge and fill activities. xc: Pam Brangaccio, Community Development, Dr. Proffitt and filed. 5. Letter dated 8/14/86 from Van R. Hoofnagle, P.E., Administrator. Facilities Planning Section, DER, regarding lOOK 096PACt457 '"'. Page 42 " ·o~ 096 PAGE 458 August 26, 1986 C120597020 (Step 3) Collier County Treatment/Transmission Facilities and C120597030 (Step 3) Collier County Sewers, and attaching comments that must be resolved by 9/22/86 to meet scheduled dates. xc: BCC, Neil Dorrill, Tom Crandall and filed. 6. Received 8/14/86 from DNR administrativaly approved permit for construction or other activities at 17ð Gulfshore Blvd. N., Naples, for Chadwick Corp. xc: Pam Brangaccio, Community Development, Dr. Proffitt and filed. 7. Letter dated 8/11/86 to Honorable Tom Lewis. Representative, from Clerk James C. Giles, supporting efforts to locate a federal courthouse in Collier County. xc: BCC and filed. ~ 8. Letter dated 8/4/86 from Will Griffith, President, ot Golden Gate Civic Assoc., Inc., requesting investigation on allegations regarding County Manager. xc: BCC and filed. 9. Letter dated 8/4/86 trom Will Griffith, President, of Golden Gate Civic Assoc., Inc., regarding errors in information furnished on June 17th on Petition R-86-3C. xc: BCC and filed. 10. Letter dated 8/4/86 from Will Griffith, President, of Golden Gate Civic Assoc., Inc., opposing proposed D-2 drainage system capital improvement. xc: BCC and filed. 11. Letter dated 8/11/86 trom Jaime S. Caldwell, Program Development Supervisor of EMS, Dept. of Health and Rehabilitative Services, enclosing a copy of the County Emergency Medical Services Award Application form number 1684, dated July, 1986, xc: BCC, Neil Dorril1, Doug Greenfield with original and tiled. 12. Letter dated 8/11/86 from Charles E. Painter, Administrator, Department of Insurance, attaching a claim regarding claimant, George Gillyard. xc: Sherry Rynders, Sheritf Rogers and f 11 ed. .. 13. Settlement Stipulation received 8/15/86 from Land and Water Adjudicatory Commission regarding Development Order No. 85-4 and Ordinance 85-6 DRI known as the Parklands. xc: Neil Dorrill, Community Development and filed. 14. Letter dated 8/15/86 trom John Lukosky opposing the purchase, maintenance, or replacement of radar units for the Florida Highway Patrol Vehicles, xc: BCC and tiled. . \ ¡ - - .. Page 43 · August 26, 1986 IS. 8/13/86 agenda received for Water Management Advisory Board; minute. of 8/6/86 EMSAC meeting; and 9/3/86 EMSAC agenda received. xc: Filed. 16. Letter dated 8/6/86 from Michael E. Watkins, General Manager, Naples Beach Hotel & Golt Club, enclosing a check in the amount af $1,146.39, representing the balance due on the January Fl. Huddle Luncheon which the County sponsored. xc: Finance with cheek, BCC, Lori Zalka and filed. 17. Telegram dated 8/12/86 to BCC from Quality Products advising that they are filing a protest regarding Bid No. 86-979, and requesting that the bid package be removed from 8/12/86 agenda for BCC meeting. xc: BCC and filed. 18. Letter dated 8/15/86 to Honorable Sam J. C~lding trom William F. Zuna, Dlrector, Divlsion ot Ad Valorem Tax, Dept. ot Revenue, with copy to BCC, advising that tinal changes were made to the Pr.operty Appraiser's Budget request for FY 1986/87.' xc: BCC, Lori Zalka and flIed. 19. Memorandum dated 8/7/86 to BCC from Sheriff Rogers regarding Third Quarterly Report - Sherlft's Confiscation Trust Fund _ Fiscal Year 1985-86. xc: BCC, Lori Za1ka and tiled. ... There being no turther business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 2:0ð P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) or SPECIAL DISTRICTS UNDER ITS CONTROL .. (l ÆJt¡- ......1..... . AA4:::'::~~O:>, ,80~~"'" ~'"~.'.\'':''''' 'r() . ~...~.~~ GÏII~S?t:··ÇLERK ':-.r:::..' ..t-," _" .'. .. ...: . "'J..!. ) t. CJ = =< : . ~.~ ' .~. ;:: c . ::' :$:"" ", .~~~ -.,. ~,.~"._,~ ~ .; <~;.rz\~~· ~ . ...~'.. " ;": ..:"....:. ,,' ,. "" . ':, t,ro. 't'" " A. PISTOR, CHAIRMAN &c. ....... . ~. :.. "" ....,-. ':, '" ," aODK ()!)f)PAGr~~.~ ,Page 44 .. , " , . 't., t¡' ~~.' '001 096 ~AGt460 . X~'~"- ..: ";¡ August 26, O~.~. /~/.?~¡Ç r 1986 Thes. minutes approve,d ~y'··~he Board ,-' , . :: ..-as presented =- .,,: -:. .....~ , ~.'~... , " ......-:,.... ~ ~ . ~""" ." I '~" ;,....... or as corrected * Sell! . P a9 e 8 4 3 2 am 4 3 3 f or cor r e ct ion 8 . '. . Page 4ð .. - -