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BCC Minutes 07/22/1986 R Naples, Florida, July 22, 1986 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also octing as the Board of Zoning Appeals and as the governing board!s) ~f'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. Pis tor VICE-CHAIRMAN: Anne Goodnight Frederick J. Voss Max A. Hasse C. C. "Red" Holland ALSO PRESENT: James C. Giles, Clerk; Maureen Kenyon and Carmen Ruiz (2:15 P.M.), Deputy Clerks; Donald B. tusk, County Manager; Neil Dorrill, Assistant County Manager, Pam BrangacCio, Deputy Assistant County Manager, Ken Cuyler, County Attorney; Bruce Anderson, Assistant County Manager; Tom Kuck, Public Works Administrator; Ann McKim and David Weeks, Planners, Tom Crandall, Utilities Administrator; Dave Pettrow, Zoning/Planning Director; Kevin O'Donnell, Public Services Administrator; Dr. Edward Proffitt, Natural Resources Management Director; Nancy Israelson, Admini~trative' Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. . . . . ,",\. ¡, ;.'1 '''»(·l·-;~;'~·~ ¡'~',:' :'.'l~.~..:· .'( ~' '; i;ì VL:~"1~", ," ,~: J BOOK 095 PAG£ 3'60 Page 1 ,···,·,·";·".."',n,"'...,_._,_;_...."'~~,,;,,.... w"_"'''__,.'''''______"'_~_,,...,_ ..'.'~"',,,.,.,.;...~"'"'..>"....v_...,,"...'.'.....,.""...,,,,.. ."..~,,~."~..'"_.,~,~., _" " . :~:.- ., t;; ..' ~, ~-. · '.'t, 10. ,1~;;. · "_r... · ~.., . ,". ~F ·'.ij_" .r· .~; .."".."........,-"..,"'..."'_._...<"'^,""."'_."-,,_.;,"._~~ 095,A~3'61 July 22, 1986 'rape f1 Item f1 AGBNDA - APPROVED WITH '1'KZ FOLLOWING CHANGBS: Commissioner Vosa moved, seconded by Commissioner Goodnight and carried unanimously, that the agenda be approved with the following chanq..1 a. Item 1,:5 - Petition AV-85-015, continued to 8/12/86, due to advertisinq error by newspaper. b. Ite. '1.2 sotting public hearing'date for Collier DRI, Petition DRI-85-1C - Added. c. It.. 'E5 re emergency ordinance for Capital Improvement Program Revenue Bond. - Added d. It.. 'Dl - Deleted. e. Ite. 'DI re East aegional .ellfield Expansion _ Added. f. Ite. 12C moved to 9CO - re Lely Barefoot Beach. g. Item 14B4 - Deleted as it is also shown as Item 9B4. It.m U MINUTES OF 6/3/86 REGULAR, 6/5/86 SPBCIAL, 1/10/81, 6/16/86, AND I 17 86 REGULAR MEETINGS APPROVED AS PRESENTED Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the minute. of 6/3/S6 Regular, 6/5/86 8pecial, 6/10/86, 6/16/86, and 1/17/8' aegular be approved a. pre- .ented. It.. f3 IJ(PLOYEB S!RVICB AWARDS PRBSBN'l'ID Employee Service Awards were presented to the fOllowing employees: 10 yeU$ 5 years 5 years 5 years 5 years 5 years Stephen Fredley - Building Maintenance Daryl Hughes - Transportation Vladimir Ryziw - Transportation Daniel O'Brien - Road & Bridge Ronald Hawkins - Solid Waste Barbara Cacchione - Planning. , Page 2 ~ - - - , - '·>'~"~"",''''·.~M"'',_,~,'"___",__,""",. ~"'''''~--'----'''''''''''''''''''"''-'''''>'''''~''''''"~'''''"'~'''-'-'''-" -," July 22, 1986 Itell U 1:.... "','!".; f!." < ~ i. ~ 'j'; PETITION ZO-8'-7C - CONTINUED Commissioner Pistor indicated that Staff is requesting that this item be continued until after the~econd workshop by the CCPC. It.. IS ORDINANCE 8'-32 RE PETITION ZO-a'-8C, RI AMENDMENT TO ORDINANCB 82-2 SBCTION 11.1.b VARlANCES - ADOPTED SUBJBCT TO STIPULATIONS AND TO INCLUDB NOTIPICATION OP PROPERTY OWNERS WITHIN 300 FEET Legal notic( having been published in the Naples Daily News on June 20, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-86-8C, filed by the Community Development Division, requesting an amendment to Ordinance 82-2, The Comprehensive Zoning Regulations for the unincor- porated area of Collier County, Florida, amending Section 11.1.b, variances; powers, conditions governing petitions, procedures; limita- tions: subsection 11.1.b.2, notice of public hearing, to add the requirement to notify abutting property owners. Planner Weeks indicated that the objective of this petition is to amend the Zoning Ordinance to require notification of abutting pro- .perty owners of variance petitions, adding that the public hearing requirements for a variance include posting of the property and adver- tised public hearing, both at leàst 15 days prior to the public hearing. He stated that because a variance can be granted for the height, area and size of structure as well as size of yards, the granting of a variance may have a negative impact on adjacent pro- ~, 1 ,J .'.i t ¡, . Page 3 BOOK 095 PAGE 3'62 "-~I"',"'''_-'''-'''''-~'''''.''''''''''~''''''""-''''''''.'''''''''''"--'' --"'---- J 0951'S'.t363 :Ìt' . : j ~ ' perty. , i He noted that the posting of the property does not always pro- July 22, 1986 vide adequate notifjcation since the sign can vanish and many property owners may be away at that time. He reported that Staff feels that notifying adjacent property own~r8 is appropriate for a variance. He indicated that ~h. CCPC held their public hearing July 3, 1986, and recommended apprrval, adding th~t no onè spoke in favor of the peti- tion and no corr~spondence has bee~ received. He noted that based upon the additional staff time and office supplies required, it is estimated that this zoning ordinance amendment will result in an addi- tional cost range of $20.00 to $130.00 per variance petition, depending upon the number of abutting property owners. He stated that approximately 30 variances are processed by the County each calendar year, adding that Staff will review the fee schedule for petitions, amendments, etc., and will report back to the Board on their findings and recommendations in the near future, but until such time as fees are adjusted, the additional costs that will be incurred as a result of this amendment will be charges against the existing budget. He concluded that the recommendation of Staff is for approval. Mr. Mike Zewalk, representing North Naples Civic Association, stated that this amendment should cover all property owners within 300 feet and not just abutting property owners. commissioner Goodnight moved, seconded by Commi8sioner Voss and carried unanimously, that the publio hearing be cl08ed. Commi8sioner Holland moved,' seconded by Commissioner Hasse and carried unanimously, that notification to property owners within Page .. " - - - -'".-;'-,....""'.."...".".....,'...._"'-~,.._.,.""~..~,..~-'''----"'- . -*'-~.....,"~,--.,";"......,;~"...., July 22, 198' 300 feet be included in tbe proposed ordinance versus just the &butting property owners. Deputy Assistant County Manager Brangaccio stated that by enacting this 300 feet, it i& increasing the cost of a variance to that of a provisional due to the advertising requirements. County Attorney Cuyler stated that changing the cost of a variance would ~~ve to be done by ordinance, noting that the proposed ordinance could be put into effect at the time the ordinance for the fee change is adopted. County Manager tusk stated that an emergency ordinance could be put on the agenda for next week to set the fee for whatever the cost of the mailing may be, which would be an interim fee until a set fee could be established. Zoning/Planning Director Pet trow stated that he would return to the Board in two weeks with some type of a fee. Commissioner VO.S moved, seconded by commissioner Holland and carried unanimously, tbat the ordinance a. numbered and entitled below be adopted and entered into Ordinance Book No. 24 subject to the above . change: ORDINANCE 86-32 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, AMENDING SECTION ll.l.b., VARIANCES: POWERS; CONDITIONS GOVERNING PETITIONS; PROCEDURES; LIMITATIONS, SUBSECTION 11.l.b.2), NOTICE OF PUBLIC HEARING, TO ADD THE REQUIREMENT TO NOTIFY PROPERTY OWNERS WITHIN THREE HUNDRED (300) FEET; AND BY PROVIDING AN EFFECTIVE DATE. 80DK 095 PAG£ 3'64 Page 5 ,.-..........._---,"""""."'~....""..._-, ....~""'~.,-"'" _."-"'-----....._,---_._"'-~....."...,,~,....~'''''.". 095 rA9. 365 j ~ '. , j ~ 't July 22, 1986 Item U ORDINANCB 8'-33 RE PETITION R-8'-5C, JOSEPH D. BONNESS, JR. RE REZONING FROM A-2 TO PUD FOR CITRUS GARDENS - ADOPTED, SUBJECT TO 8TIPULATIOì!l'S Legal notice having been published in the Naples Daily News on June 20, 1986, as evidenced by ~ffidavit of Publication filed with the Clerk, public h~erin9 was opened to consider Petition R-86-SC filed by Wilson, Miller, Barton, Soll & ~eek, representing Joseph D. Bonness, Jr., Trustee, requesting a rezone from A-2 to PUD known as Citrus Gardens, for a maximum number of 450 multi-family dwelling units, for property located on the east side of Airport Road, approximately 1.5 miles north of Pine Ridge Road, in Section 1, Township 49 South, Range 25 East, consisting of ± 93.6 acres~ Planner McKim stated that the objective of this petition is to develop a residential project with 376 multi-family units at 4 units per acre. She noted that lands to the north are zoned PUD, (The Vineyards), and the portion of the Vineyards located to the north of this proposed PUD is zoned for residential development. She stated that lands to the east are zoned A-2, to the south are zoned A-2 and PUD (Orange Blossom Gardens), which was approved for 84 multi-family dwelling units and lands to the'west across Airport Road are zoned A-2. She indicated that to the north and east are farm fields; to the south are excavation pits, two single-family residences and undeve- loped lands; and to the west is undeveloped lands and a nursery. She stated that the originally proposed project had a maximum of 450 units \ '-"':" Page 6 - - .. "--,,,,--..........---,.,,,,",,,,,,,,.-- ..",.,"'''''''''''..'"''''''';0;.'....'...._.....,__ ,.."'.,.,~'''-~.''''''-"...._..~--'''"''",..,,',"'.....,,"...~..._.~,-;,""....".",','"~"'~,,"^'.~."....,,", '\ July 22, 1986 which was 4.8 units per gross acre and a net density of 13.4 units per acre. She noted that the petitioner has reduced the maximum units to 376 which is 4 unit.e per gros. acre or a net denllity of ll. 2 units per acre. She noted that the net densities of other PUD's in the area are l2 units per acre for Orange Blossom and 15 units per acre for Lone Oak PUD. Sha indicated that Staff has no objection to the approval of Citrus Gardens PUD, adding that the CCPC held their public hearing and recommended den\~l based on concern for the small minimum floor area of the units and the high density of the tracts resulting from a limited amount of buildable land. She stated that approximately 44\ of the project is an excavation pit. She reported that no one spoke for or against the petition and no correspondence has been received. She stated that during the CCPC public hearing, the Petitioner agreed to Staff Stipulations "a" through "c" with revisions as indicated in the Executive Summary dated July 22, 1986, adding that since the CCPC hearing, the Petitioner has ~evised the PUD document and master plan incorporating the Staff Stipulations as revised and has also agreed to Stipulations "a" through "e" as indicated in the Executive Summary. She noted that in review of these changes Staff recommends clarifica- tion of two stipulations as outlined in l~e Executive Summary. ~he stated that the subject property'is located on part of the property which was granted a provisional usa on July 14, 1981, for earth mining and related processing. She noted that the provisional use was approved with stipulations by Resolution 81-164, adding that by &OOK 095 PAG£ 366 Page 7 ,. t· --_.,----"""'""'"-.."....., '>.."""~~---_-..-~"_._, "-...,...--.---. ... "'" Ilk D95,A'.t3'67 , , .J approving Citrus Gardens PUD, the provisional use that was approved by this resolution will be null and void since the conditions by which it was approved are :nvalidated by approval of the PUD. She stated that if there is to be any other excavation on the property that was under . ! the original provisional use, the petitioner would have to apply for a new p~ovisionøl usa. She stated that the recommendation is that of the Planning Co:-mission which is to deny the petition. 'rape U July 22, 1986 Tn answer to Commissioner Hasse, Mr. Alan Reynolds of Wilson, Miller, Barton, SolI, Peek, Inc., stated that the lake is over-sized , and that was taken into account when the number of units were deter- mined. He (;oted that for water management purposes a 20 acre lake is needed and in a lot of residential areas an enlarged lake is created for amenity purposes. Commissioner Holland questioned how many units could have been built on this property, to which Mr. Reynolds replied 6 units per gross acre, which would have resulted in approximately 570 total units. ¡: Commissioner Voss questioned if there has been any discussio~ with I i the North Naples Fire Department, to which Mr. Reynolds stated that he was asked if the petitioner would comply with the adopted fee schedule ,::'j '; l' ,I.' .~~: '..) d ~.~¡' ~; "'I~~~: . I'''; ,\,' ,~~r:;· 1 . that they have for their voluntary capital improvements and the Petitioner has agreed to this. . , , In answer to Commissioner voss, Mr. Reynolds stated that the lake is approximately 95' complete, 'adding that in the eastern portion of . . . . Page 8 - .. .. .. --_·__.......-",_","~·.'",w""',.·., ...",,,.--~--... ._-..,..._~.,."",.".."-,,,,,",;._-,.-,..__..".._... "'"'"""--~-''''''''-"''^''''''''''''''''''''''--'''''-'~'''''' .. July 22, 1986 the property there is still a piece of land that divides the main lake from a secondary iake which is on-going at this time. He noted that all the excavation activities must be completed prior to the resi- dential developmønt. Commissiorer Voss questioned when the residential development will go forward and lso questioned if the petitioner would be willing to put a time limit on construction, that would indicate that in two years the project would be underway? Mr. Reynolds stated th~t they are ready to go forward as soon as permit8 can be obtained, adding that he would be willing to state that within two years the project would be underway. Ms. Bettie Gulacsik questioned if the excavation still exists under the POD document and also que8tioned the location of the sewer plant, as well as the decrease in the recreational area? She stated that there are a lot of development8 going through so fast, adding that she feels that the County should go at a slower pace until after it is known what the State i8 going to demand as far as the Comprehen8ive Plan is concerned. Mr. Tom Peek of Wilson, Miller, Barton, SolI & Peek, Inc., stated that when the excavation per~it and provisional use was originally approved in 1981, the lake area bovered approximately 90 acres, adding thðt what is existing now is a 41 acre lake. He stated that the con-i tinued excavation to the east is the one that is addressed in the PUD document, noting that an additional provisional use will be' required i '1 " ~ ; I .: ~ BOOK 095 PA(;£ 3'68 Page 9 ~. ----"...._"'''''". ,···,"-·,,,_____-_.__ur..,,.*__, ,··....·""....."·,,·._.·.."'''''''''H..'''~''''''..;..._, ,-, .. ""."",,,,,,"..,.,,~. """_<,~ ",""..,..... .....~ .., 095 PAG£ 3"69 t1 ~ ;j,-.' if excavation is co be continue~ in that location. July 22, 1986 He stated that at this point, it is a matter of doing t~e final grading to bring the lake into conformance with the excavation ordinance. He stated that with regard3 to th~ sewage treatment facility, the petitioner desires to put it in ~he northeast corner, but some of the Staff members asked if he would be .,illing to look at other. locations because this parcel of lan~ has tree coverage on it. He stated that they are looking at other locations that Staff and the regulatory agencies would agree to. He stated that this would save the trees, which they are willing to do. He noted that the reason the original site was picked is because it has trees on it, that the ordinance prohibits. He stated ·that they are working with the Utility Department on the matter and will con- tinue to do so. Commissioner Voss moved, seconded by Commissioner Holland and carried unanimously, that the public hearing be olosed. Commissioner Goodnight moved, seconded by Commissioner Voss and carried unanimously, that the Or~inance as numbered and entitled below be adopted and entered into Ordinance Book No. 24: ORDINANCE 86-33 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-1 BY CHANGING THE ZONING CLASSIFICATIO~ OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CITRUS GARDENS, FOR A MAXIMUM NUMBER OF 450 MULTI-FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF AIRPORT ROAD IN SEcTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, ±93.6 ACRES AND PROVIDING AN EFFECTIVE DA'l'E. 'Page 10 ~ .. .. .. ~-_..~,_..",.~,.~._.>.....,--..""...,-"""_...~,,,,...; .'.' ">'''''''''''''''''-'''''''_.'''_<r _.,.¡.....................¡;;"..'""-"'"_-."~'" ··,-·,-·,-_h_.·..,.''"',''''''~'''''''.~.''''M.,_;'",.,,·,,'~..."·~_".,''..,,,. July 22, 1986 It_ f7 USOLUTION 815-114 RB PBTITION CCCL-U-SC, ANCHOR ENGINEBRING, REPR. TRADPINDS CONDO UQUESTINQ A VARIANClI '1'0 UPAIR CMCOD SBAWALL CAP, RBPLACE BXISTINQ C~~CUTE STBPS WITH WOOD STBPS, AND ADD ROCKS TO EXISTING UVETMBN'l' - ADOPTED Legal notice having been publïshed in the Naples Daily News on July 6, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public ~earin9 was opened to consider Petition CCCL-86-SC, filed by Anchor ~ngineering, representing Tradewinds Condo, requesting a variance to repair a cracked seawall cåp, replace the existing concrete steps with wood steps, and to add rocks to the existing revetment. Nàtural Resources Management Director Proffitt stated that the petitioner proposes to replace the cracked seawall cap, repair or replace the tie-back rods it necessary, remove the existing walkway, excavate a 4' deep, 7'4" wide ditch landward of the seawall and replace the filter cloth, and add rock tb the top of the existing revetment to produce a slope of 2:1. He stated that there is no true dune system or natural dune vegetation on the work site and Staff is recommending approval of this petition. Mr. Jerry Neal of Anchor Engineering stated that the seawall and .; the base is in tact, adding when the cap. was designed it appeared that , the reinforcing steel was placed too close to the surface. He stated that the cracks that are forming and the. concrete that is falling off is due to the closeness of the steel to the outside of the seawall. \ ,'! . ..' .~ J \,' :(",,;' BOOK 095 PAGe 370 Page 11 -"..«""",....._'"..",._"~<"""",,...-..,~..""..,,".._,..__..., --""'.."....,,,.._"" lOOt: 095rAcE371 , ',' '. \ '. \ \ ¡} , \ t,;, . )o....~ . 'I.. ," . July 22, 1986 J;'" ,,;' r':';', fJ:j" ¡: t~'i *_;i.,'· \'t· "": If, f·· ri He stated that the cap is the problem, not the seawall. He stilted that the design is meeting the ordinance, but the guarantee of a wall to stand up during .: storm is not provided by the County or anyone else. He stated that this is the state-of-the-art today and it depends on the intensity of the'hurricane as to what stays up and what does not. He scated that the Petitionet would· like to do this main- tenance to save what he has until the new renc,"rishment study is approved and fin~ncing has been funded. In answer to Commissioner Voss, Mr. Neill stilted that the filter cloth helps prevent the sand from getting saturated and flowing out the cracks of the seawall, adding that' it lets the water pass but stops the sand. Commissioner Voss aoved, seoonded ~y Commissioner Goodnight and oarried unanimously, that the publio hearing be olosed. Commissioner Voss moved, seoonded ~y Commissioner Holland and oarried unanimously, that Resolution 86-114 re Petition CCCL-86-~C, Anohor Zngineering, ~e adopted. !;" , ' t ~, " t..' ,.,,..... ~ j~' ; f'..I.1"; . ¡ ,....,J h;,,'1 !- ::~;¡jf';J r.-n c.: I.h.; ¡, ,: i( : (, ',,<:' :" :"'... t.J~:, ~ . ' 1., ~: I: ~- 'i"J', ~ C' ..";' r¡,1 I·' .' . (, ~ -. . '.., . ·...,'·'.1.- ¡ . "f:, \ ,~..:, ~rlH ,fi'~Y./'} )\ '. t;': ~"::;:;r :,j, : ~ í 'of"· 1:(:" ;", ;.,< ,'~ r,t I ,",.-:'' '.¡: ... ( -. ~ : ':C'::.'. 'I ,1''''<:; , "' - . ~ . .< ;.~ r - I; . , Page 12 .. .. .. ,- _.~._-..._..~" 4~,"',...· .."..,,,__~,,,,,,,,,".,,_.,,.,,,,,,,,,"",,,_ '.". _."._ ''''_'_'_ -""---""'_...,""""._"...._,..... ,..,--"""",...._......_"" ","''''''''"''''-'-''''''~'" '\ _'_.....,.,_"'_'......''',C,..,.......".»...,.'~.'_.d_.....'.,..;-...,......, July 22, 1986 USOLt1'l'ION 16-115 liZ PBTITION CCCL-U-'C, ANCHOR BNGINEBRING, RBPR. SUNSBT BOUS8 CONDO. UQUESTING A VARIANCB '1'0 REPLENISH THB STONB REVETMENT IN FRONT OF THE EXISTING SEAWALL - ADOPTED Legal notice having been published in the Naples Daily News on July 6, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CCCL-86-6C, filed by Anchor 'ngineering, representing Sunset House Condo, requesting a variance to replenish the stone revetment in front of the existing seawall. Natural Resources Management Director Proffitt stated that this is to replace the stone revetment in front of their existing seawall, adding that the slope will be 2:l and Staff is recommending approval. Commissioner Voss moved, seoonded by Commissioner Hasse and oarried unanimously, tbat the publio hearing be olosed. commissioner Voss aoved, seoonded by Commissioner Holland and oarried unanimously, tbat Resolution "-115 re Petition CCCL-86-6C, Anohor Engineering, be adopted. '" .. .j',rf ,.:Ii ."'. .'IJ"',' ., ., ¡ 1 --1:' I :: :', /', r. ur;', :~, í!.' t ¡ !~;: ~ . , ;':J, ~ ~vn~'J.(t, .ìqn '. ~- i ;íJ ~P" ~.. :.p:t ~: , ;', " , fI.',"l c··¡rH!.t.~' :~,l t', ;~. Ù~·~,·· "''I ... ~ H '", ~ ~ ~ f r ~. '\. H'if I.' ':\ 'i' " ',.j: ,," ¡'f ":1~'1 J ì ~u (:¡'.... ¡"" :, " i:'i~' !;\t ; : t, .\ ,- ~ BOOK 095 p~Ù 314 Page 13 ., ./ ,." ..~, ,;1 ¡ :' ¡~C\ mt!" , ~ ',: ""·,-,...~~".··"""~",,n""·,""","=,.,'''~__.M.''''''~__.... -^·~_.."--'·-""I"...,·..,,,"""'-'",.,--"·,, 095 PAGt377 It.. It July 22, 1986 RESOLUTION "-11' RB PBTITIOK CCCL-8'-7C, GEE , JBNSON, INC. REPR. CAN-AMERICAN SHELTBR SBAGATB CORPORATION REQUESTING A VARIANCE FOR CONSTRUCTION OP , DUNE ZONE WALKOVER, RBMOVAL OF AUSTRALIAN PINES, AND DUNE RBSTORATIO~ AT CLAM PASS COUNTY PARK - ADOPTED SUBJECT TO STIPULATIONS Legal notice having been published in the Naples Daily News on . July 6, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CCCL-86-7C, filed by Gee & Jenson, Inc., representing Can-American Shelter Seagate Corporation, requesting a variance for construction of a dune zone walkover, removal of Australian pines, and dune restoration at Clam Pass County Park. Natural Resources Management Director Proffitt stated that this is a previously approved variance, adding that most of the facilities will be landward of the Coastal Construction Control Line. He stated that the variance is actually to build the dune walkover, noting that he has reached an agreement with the petitioner regarding stipulations contained in the Executive Summary dated July 22, 1986. Tape U Commissioner Voss .oved, seconded by Commissioner Goodnight and oarried 4/0, (Commissioner HOlland out of the room at this time), that the public hearing be closed. Commissioner Voss .oved, seconded by Commissioner Goodnight and oarried 4/0, (Commissioner Ko11ànd out of the roo. at this time), that Resolution a'-11' re Petition CéCL-8'-7C, Gee , Jenson, Inc. be adopted subject to the stipulations contained in the Resolution. -, _·....."·_,,.."-_..."--..P''''''"~,,"-_..,-,."''''.._'"''''" ,..,_..,""....,,,.,.,,.,,'''',.~_"'''..,,J"..,,.,'''..~_"_....__.;......_,___,._",,, . '"".,"'~,"'"'W"'"·"~'..M_."._,___..........""_,,__·...~~......,,,' Page 14 - , ~ July 22, 1986 It.. 110 RZSOLUTION .1-117 ~1 PETITION AV-.I-009, WESTINGHOUSE COMMUNITIBS OF DPLES, INC. RB VACJ.TION OF P:ARCEL "B", PELIC:AN BAY, UNIT 5 - ADOPTED Legal notice having been published in the Naples Daily News on July 6, 1986, and July l3, 1986, as evidénced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider Petition A\ -86-009, filed by Westinghouse Communities of Naples, Inc. re a vacation of Parcel "B", Pelican Bay, Unit 5, so Petitioner may replat said Parcel "B". Public Works Administrator Kuck stated that this is to approve a vacation which will allow the petitioner to replat Parcel "B", adding that there are also two companion items to this petition. He stated that "Letters of No Objection" have been received from all pertinent utility companies and the Water Management Advisory Board has apvroved the petition administratively. He stated that the Engineering Department has also approved the petitio~ administratively and the Community Development Division has reviewed the petition and has no objections. He stated that this change will make the north boundary line conform with the proposed Pelican Bay, Unit 6, which is a com- panion item. He stated that he is recommending approval of this item. commissioner Voss aoveð, .econðeð by Commissioner Goodnight anð carrieð unanimously, that the p~lic hearing be closeð. commissioner Voss moveð, seconðeð by Commissioner Goodnight anð . . carried unanimously, that Resolution .6-117 re Petition AV-e6-o09, ; .' " . , . ·.Y" aOOK 095 'Ar,t 380 Page 15 J, " _''''''''~'''·~''',"''''"m,· "....~,~,;~. N",','_M,..,,_ . .,,",.'.",~..,.", '~.~..,..._" .....-__....;·.."""""'""'"'·_,.....,··..''''''...,_.;,·u,_.,....._.. 095 pm 3"81 " July 22, 19.' we.tinqhou.e COllimUnitie. of .aple., Inc. be aðopteð an4 that the Clerk be ðireote4 to recorð .aið re.olution. C?,' T i [') ¡ - . 'j :; f' " I l.C·;.:~ '1 1>' ,,,: '" 0' ~ ... '~' ¡- .":~ l...~~', 1 I ..," I' ;' . , I' ¡ . . " - . " .' .1' t 1" '- ~" - !~. : .( ;.. ï. . i '\ ~ ~ ,; I;·· I': ê-. .,. r: :;~ r . : ~ .: , ,',j J -~ . ,""' ''.). i]._,' ./~ .'. u ': , ..;. ~ ; ,:. ¡ ~;': , ; Page 16 '\ .. ...,..,..........--"""..""-.''''.''',....'''''"-.--......'''.''''....-,., '-""_"''''',,,,--,,,,",,-,,,,, .,---,--_.,"~---" "-..._",'..."".----,---_..."'....,";"..-...."~..,;".."","-'"-''' ;,; ., . \' --,"- ...." - " .è, :;. ; " \' ._ ")~~\ ::;}~",::': ";r; '~~~,; 095 ~~¿t 383 ¡ .fI·. . · . . \. ..... 'r. '/t' r July 22, 1986 Ite. III REPLAT OJ' PARCEL II, PBLICAN JlAY, WIT 5, FOR RECORDINQ - APPROVED Public Works AdMinistrator Kuck stated that this item is a recom- mendation to approve the replat'of Parcel "B", Pelican Bay, Unit 5, to take into consideration the approved va~ation, adding that he is also l~commending approval of this item as a companion to the above- referenced petitlon. commissioner Voss moved, seconded by commissioner Qoodniqht and carried unanimously, that the Replat of Parcel B, Pelican Bay, Unit 5, be approved for recordinq. Ite. 112 , ' FINAL PLAT FOR PBLICAN BAY WI'r , - APPROVED AND CONSTRUCTION SBCURITY ACCBPTBD IN THB AMOUNT OF $397.9'. Public Works Administrator Ruck stated that this is a recommen- dation to approve the final plat of Pelican Bay Unit 6 and accept the construction security in .the amount of.$397,964 in order for the plat to be recorded. commissioner Voss moved, seconde4 by Commissioner Hasse an4 carrie4 unanimously, that the flnal plat for Pelican Bay unit " be approved and construction security accepted in the amount of $397,9'.. t· "' . :." I "N . ~- / I, I,:. J ,¡ I : c·'·' ~r"q,.,:,.., ,. (¡ ;::.d';l~'~· rol~ ": 11'" (:on·,,". f.;, I" . I /.: ;4: ! I~f:. .J L. r.:"; , HfU: ^ I' :. ¡:" >, i ,".\ ': ',. LQ'~' {H¡~' " " ,: i(J-t1 ¡ :'¡ ~ . In, . . ~:I' ir ! ( . Page 17 - . Lç. , , ." - ......o,___,,..,''"''__,''''~;o;.~'''"."_,,~..,'''''_.,,..,,"''',.._....,_ '" ._. 'm~._","_"'__"~''"'''___ ..M__""".._·,,_·,____ _"""_~'_~"""""_"'""""__""."""Ö"""'_",,,<,,·,, :. P~r!1 b , ''-1- ~ b -: C ~ [<1 n t J \1 t ~c· ~... ~~.:, ~ ,~' I~' "(I,Þ" ~' . if~' Ion 095 'A~CC 3'87 ; July 22, 1986 It.. 113 ORDINANCB '6-34 CREATING THB LELY GOLr ESTATES BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT - ADOPTED Logal notice having beon published in the Naples Daily Nows on July 2, 1986, as ~videnced b~ Affidavit of Publication filed with the Clerk, public hearing was opened to consider the creation of the ~ely Golf Estates Beautification Municipal Service Taxing Unit. Assistant County Attorney Weigel stated that his office received a letter from the Lely Civic Associatio~ requesting the formation of a taxing district for the beautification of Lely Golf Estates. He stated that there is also a companion item that would allow the¡oters within the district to vote for the funding for this beautification unit. He stated that the area that this will consist of is about a precinct and a half, adding that there would be the authority to levy up to l/4 mill within the district. He noted that the ordinance also provides for an advisory board, adding that the adoption of the ordi- nance would have no fiscal impact upon the County. Mr. Robert Cole, Vice President of the Lely Civic Association, presenting Lely Golf Estates, stated that they are in favor of creating the Lely Golf Estates Beautification District. Commissioner Voss llioved, seconded by Commissioner Basse and oarried unanimously, tbat the p~lio bearing be closed. Commissioner Voss moved, seconded by Commissioner Basse and carried unanimously, that tbe ordinance a. numbered and entitled below be adopted into ordinance Book Ño. 24: Page 18 I' .~ ! .. .. .. _··_-"",...."...~"-"-,_..·_··",·."·,"'"~,,."...".M..M'.'."."",,..",."".e.," """'"'~""'"'"""'.""-"'-'--"""-,-~,,,,,,,,~,-,,,,"',,",--~ '\ July 22, 1986 ORDINANCE 86-34 AN ORDINANCE ÇRrATING THE LELY GOLF ESTATES BEAUTIFICATION MUNICIPAL SERVl~E TAXING UNIT PROVIDING FOR ITS BOUNDARIES, PURPOSES AND TAXING AUTHORITY; PROVIDING FOR ITS GOVERNING BOARD AND DEFINING ITS POWERS AND DUTIES; PROVIDING FOR AN ADVISORY COMMITTEE AND DEFINING ITS DUTIES AND RESPONSIBI- LITIES, PROVIDING FOR AN ITEMIZED BUDGET; PROVIDING FOR COLLECTION OF TAXES; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Xtem 114 RESOLUTION 8'-11~ ORDZRINO AND CALLINO FOR A REFERENDUH ELECTION OF THB QUALI~IBD VO~~RS WITHIX THB L!LY GOLF BSTATES BEAUTI~ICATION MUNICIPAL S!RVXCZ TAXINO UNIT TO APPROVZ THB LEVY O~ A TAX NOT TO EXCEED 1/4 MILL - ADOPTED Assistant County Attorney Weigel stated that on Page 3 of the Resolution, Section 4, Line 2, the words "within the proposed cor- porate limits" s~ould be deleted and the words "within the Unit" should b3 added. Commi..ioner vo.. moved, ..oond.d by Commi..ion.r H.... .nd c.rri.d unanimou.ly, that Re.olution 8'-118 ord.rinq and callinq for a r.f.r.ndum .l.ction of the qu.lified vot.rs within the Lely Golf .stat.s Beautification Municipal s.rvic. Taxinq unit to approve the L.vy of a tax not to exce.d 1/4 mill b. adopted. ,. -' . "" ,., . t'..' .,.1'...: ~'t>~_;~ ,,~' ~, ~'n¡r;(r.F;-f' ',... . ¡ C1 L ~ , . ~ :pv¡.'; : ,',~.;;::: ~;\ (1~~¡rj , ;' ¡ :''; ~ : : : " ~! ~".' J' '~ &OOK (JfJ5PAC£~'~~ .;:,:' . f 1';· ~ ,.;.. '" "."...,."."..,."".""'........_"-_.,... ,,~".. '-_._~----''''- Page 19 ';¡;; I ~ ~J t, 1"Ì1\;" ~. , f"1 t, : ,~;; ~(!~::' '.~~::'.,' , ~ i rt i :J. ¡i;}:' '1...-'- .... 1m 095,AG[ 393 ;,; !, ' ! .~ '~\" ... , \. " July 22, 1986 It.. US '., . PETI'1'IOM SMP-..-l0, COMCZPT '1'0 COMPLETION, REPR. P , ~ ASSOC. RZQUBBTINQ SUBDIVISION MASTER PLAN APPROVAL FOR WOODLAXB SOUTH MOBILB BOMB SUBDIVISIOlf - ADOP'l'BD Legal notice having been published in tho Naples Daily News on July 6, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-86-1C, filed by Concept to Completion representing P & K Associates, requesting . subdivision mas~'r plan approval for Woodlake South Mobile Home Subdivision. Planner McKim stated that Woodlake South Mobile Home Subdivision is located on the east side of SR-95l approximately 2.5 miles south of US-41 in Section 15, Township 5l South, Range 26 East, consisting of 22.8 acres. She noted that the objective is to subdivide the existing parcel into 81 lots in conformance with the existing zoning, adding that each lot will meet the minimum requirement of 6,000 square feet and also provides for a recreation area. She reported that the western 4.78 acres was rezoned in January, InS from A-2 to MHSD to coincide with the zoning on the remaining portion of the property. She noted that Staff and all appropriate County agencies reviewed this petition and had no objection to it.' approval subject to the stipula- tions contained in the Executive Su~mary. She stated that the CCPC held their public hearing and unanimously recommended approval subject to the Staff stipulations and with the amendment of Stipulation "L" to read: "Subject to FDOT approval, the d~velopers shall provide left , " '~;,;. .'; " f ~, . '. # ~. ì' . ':1~1-r'!'-~ ";,'" ;;H, to· "','j :f .':' " Page 20 ~ /", ,. .. ~,' ~. . .'. f',·· ," .! , ..,; ,. ". .. .. - -..4'" ....",,,...,,-.. " July 22, 1')86 turn lanes on SR-951 at the project entrance." She stated that this stipulation supersedes the stipulation a~tached to the rezone Petition R-84-39C, which required a right and lef~ turn lane on SR-95l. She reported that the Petitioner elected not to sign the agreement sheet as he felt that the turn lanes are not réquired. She noted that at the CCPC hearing, one person spoke in opposition to the petition and a þetition with 40 signatures ha~ b~e~~eceived citing drainage concerns and traffic saf~~y concerns without'. turn lane. She stated that the recommendation i~ for approval subject to the CCPC's stipulations if the Petitioner agrees to the turn-lane. In answer to Commissioner Pistor; Planner McKim stated that Staff determined"that the right-turn lane was not as important as the left- turn lane, but did feel that the left-turn land should be required and the CCPC agreed with that recommendation. Mr. Jim Coleman, Concept to Completion, stated that he does not feel that a left-turn lane is required for this piece of property. He stated that the density on this piece of property is such that the average daily traffic is 430 which is much less than the l,OOO that would require a left-turn lane. 'He stated thllt this piece of property is completely surrounded by water, therefore, there can be no addi- tlonai'traffic flowing to it except for the residents of the 81 units. He noted that on the DOT plans"forthe wIdening of SR-951, th~y planned a cut in the area, but no left-turn or right-turn Illnes. Public Works Administrator Xuck stllted that he discussed this with the Traffic Engineer and the Public Works DeplIrtment feels that the left turn lanes are warranted~>' ~ (. ., ~ . , t, BOOK 095 p~r,t ~'94 Page 2l 095PAG[-395 {':'.;; , \)' i ':_ July 22, 1986 Mr. Craig Woodward, Attorney for Woodlake South, stated that in order to put a right-turn lane, the canal would have to be filled in. He noted that a left-turn lane would mean increasing the width of SR-95l, addin~ that the Developer does not feel that a right-turn lane is pertinent bec.us~ the traffic for the 81 units could simply wait for access to go lorth. He stated that as far as the left-turn lane, the Developer is concerned with the cost which would be about $£1,000 and also the concern that once the turn-lane is constructed it will be torn out in order to expand the road~ ~hich would be a waste of money. 'tape f4 Public Works Ad~inistrator Kuck stated that Staff is concerned before and after the four-laning of SR-9Sl from the standpoint of safety, adding that Staff iè requiring a left-turn lane. comaissioner Voss moved, s.conded by Commissioner Goodniqht and carried unanimously, that the public hearinq be closed. comaissioner Voss .ov.d, seconded by Commissioner Rasse and carried unanimously, that Petition SKP-86-1C, Cono.pt to completion, repro P , K Assooiat.s, r.qu.sting subdivision .ast.r plan approval for Woodlake South Mobile Ro.e Subdivision be approved subj.ot to the ¡,\ Petitioner's Agr....nt, and a left-turn lane b.ing r.quired. ~,\ r,~ ;;t. ,< I~,:.. , ~t' .fl.., ;{", ~:,. 1¡;,'! ~~~t ~ .". ·;:t tt'/. ~. ;;/.\. j';r, ~ ~~., 1/" Page 22 - .. - ..__'d._.õ_'_,_...;....,......"_.,'___"...._,.,·.,.~_"".._..._. ,,,,,n,,,,,__,_.,,,;,,,,,,,,",._ ;', J .. , July 22, 1986 .u ORDIJO.1fCB 16-35 U n.'1IR AND SB1fZR RAnB AND SYS'l'BM DZVBLOPHENT CBAJlGZS FOR ALL CLA88ZB OF 8ZRVICZ WI'1'1IIN AUA "B" 01' THZ COUN'I'Y WA'l'ER-SEWER DIS'l'1\ICT - ~DOP'l'ED Legal notice having been published in ,the Naples Daily News on July 2, 1986, as evidenced by Affidavit of publication filed with the Clerk, pUblic heari~g was opened to consider water and sewer rates and system developmerh. charges for all classes of service within Area "B" of the County Water-Sewer District. Utilities Administrator Crandall stated that that the purpose of this is to close on the East Naples Water System, Inc. plant and with the closing of that agreement and the acquisition of those plants, the County will need system development charges in place and rates to be charged to the customers the same day as the take-over. He stated that the user rates that are being proposed are listed in the Execu- tive Summary and they are identical to the rates approved for the East Naples Water System, Inc. by the colii~r 'County'Utility Rate & Regulation Board and the Public.Sèrvièe Commission. He noted that the water system development charges are those charged throughout the water and sewer district and the sewer system development charges are identical to rates presently charged in Areas "C" and "D". He stated that the rates that are going to be approved this ùate will be equal , to all rates that are established by Ea3t Naples presently, adding that the advertised rates are actually more than what is being asked Ï"'; ((, ~ ," 4 for this date. 0'1..' t,e,: r~:': ! ,)l..,'.J~' t·~'1~¡'; :;~ t:,.) ,-. .. ~.~~ ~J;¡"'4~1,'r':J;;.~b ~J ! ':,~.' ~ ' ~ ; 1 '") '; :~';COI..1'qC:'l 1;--' ~ t '~' .1 ':' I...~.~ :'.. jJ((r'l lOOK 095 PAGE 398 Page 23 Î;'~' ;1iP ,I.., - 'J' r' , lid '^"""'''''.''''", ,."",.."-,.."".",.-;.."""""..,"",,,...-...,,,,,-..,,,,..,,,.,."..,., ~ .:' .... ~.."-,..,,._,-_._-_........- . 095 Pact a99 July 22, 1986 commissioner Voss moved, seoonded by Commissioner Hasse and carried unanimously, that the pUblio hearinq be closed. commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously. that the Ordinanoe as numbered and entitled below be adopted and e(~ered into Ordinanoe Book NO. 24: , "'~ - ~ . '. ., ORDINANCE NO. 8G-~ AN ORDINANCE ESTABLISHING MONTHLY USER RATES AND SYSTEM DEVELOPMENT CHARGES FOR WATER AND SEWER SERVICE IN SERVICE AREA "B" OF THE COLLIER COUNTY WATER-SEWER DISTRICT AS FOLLOWS: . MONTHLY USER RATES ("1 I:' Lf) 0 N c. : l.w æ >- w M U IJ..J ~ 0:: .. ~ 1 RESIDENTIAL WATER MÏÑÏMUM BASE CHARGE GALLONAGE CHARGE :",:NON'RESIDENTIAL ' tMINIMUM BASE CHARGE i:':j~t}!:R SIZE '" , '0:; ~NCHES) -. Õ ~ 5/8" 3 ~ 8 3/4 ....we.:: ........w ¡¡:o::J .... <:I '" ~ " -;. $7.96 1.71 PER 1,000 GALLONS OR PART THEREOF '. ' ., , :,~ ~¿1 '" rn ('> '1> ,., .\ ... . 1". x 3/4" x 3/4" 1" 1":1/2" 2" 3" 4" 6" S" GALLONAGE CHARGE $ , 7.96 7.96 19.90 39.80 63.68 79.60 127.36 199.00 39S.00 1.71 .' ..1- ~:~ . ';] ., PER 1,000 GALLONS OR PART THEREOF 'co (1 RESIDENTIAL SEWER FLAT RATE NONRESIDENTIAL FLAT RATE PER EQUIVALENT DWELLING UNIT $14.91 " $14.91 /" !\ . : J l.. ,\, ,:..' ;' ~. .'~ , Page 24 - - - ....,>..".,.;,.,,,..,,..,..."';,,""-,-~-~,,-,.,.,,."''',,.~.....,.,''''''"". -I" r..·· " ". .,... . ~ '\ .-.~""...,..."~~.--_._,-;,..."""^""'...,._,,.__. - .. - July 22, 1986 SYSTEM DEVELOPMENT CHARGES .'-.- --. ..---- WATER Mß'!'!( SIZE (inches) MINIMUM EQUIVALENT UNITS PER METER SIZE 1 1 2.5 4 5 10 20 30 '100 175 275 475 SYSTEM DEVELOPMENT CHARGE 5/8 3/4 1 lit 11:1 2 3 4 6 8 10 12 SEWER RESIDENTIAL: SINGf,E-FAMILY RESIDENCES, MULTIFAMILY RESIDENCES, APAr.~NT RESIDENCES, MOBILE HOME RESIDENCES: WI'rlI 1 BATH, 225 GALS/DAY/UNIT ...$ 725.00 EACH ADDITIONAL BATH PER RESIDENCE, 50 GALS/DAY/UNI~................... NONRESIDENTIAL: .HOTEL, HOTEL, AND TRAILER RENTAL UNITS, 110 GAL/DAy/UNIT.................... 360.00 COMMERCIAL, OFFICE AND INDUSTRIAL TOILET UNITS .... (NOT TO INCLUDE INDUSTRIAL WASTE) 400 . GALS/DAy/TOILET..................... 1,285.00 COMMERCIAL COIN LAUNDRY WATER UNITS, 200 GALS/DAy/WASHER................. RESTAURANT AND LOUNGE SEATING UNITS, 35 GALS/DAy/SEAT................;... llU.UV PROVIDING DEFINITIONS; PROVIDING A DESCRIPTION OF THE BOUNDARIES OF SERVICt AREA "B"; PROVIDING METER TAPPING CHARGES; PROVIDING CUSTOMER'S LIABILÍTY FOR DAMAGE TO.EQUIPMENT; PROVIDING WATER DEPOSITS; PROVIDING SEWER DEPOSITS, PROVI- DING OWNER'S RESPONSIBILITY FOR WATER SERVICE AND BAD DEBTS; PROVIDING DATES BILLS DUE AND DELINQUENT, DISCONTINUANCE OF SERVICE FOR NON- PAYMENT, REINSTATEMENT FOLLOWING DISCONTINUED SERVICE; PROVIDING PAYMENT WHEN METER BECOMES DEFECTIVE, RIGHT OF ENTRY OF AUTHORIZED AGENTS OR EHPL~YEES; PROVIDING WATER BILL COMPLAINTS¡ PROVIDING EACH RESIDENCE AND PLACE OF BUSINESS CONSIDERED SEPARATE SERVICE; PROVIDING METERS, LOCATION AND CHARGE FOR MOVING; PROVIDING IN- ACTIVE ACCOUNTS, NOTICE, FORFEITURE OF DEPOSIT; PROVIDING COLLECTION OF WATER AND SEWER UTILITY BILLS, DISCONTINUANCE or SERVICE; PROVIDING HYDRANT SERVICE; PROVIDING CONNECTIONS WITH SEWER REQUIRED; PROVIDING EXCEPTIONS TO ~ONNEC- TIONS; PROVIDING CONNECTIONS MAY BE MAD? BY DISTRICT; PROHIBITING UNLAWFUL CONNECTIONS; PROVIDING FAILURE TO MAINTAIN PLUMBING SYSTEM; ,PROVIDING UNPAID FEES TO CONSTITUTE LIEN; PROVIDING NO FREE SERVICE; PROVIDING SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. $ 700.00 700.00 1,750.00 2,800.00 3,500.00 7,000.00 14,000.00 21,000.00 70,000.00 · 122,500..00 192,500,00 332,500.00 .,', .. ..... ; , j". 125.00 640.00 Page 24A aODK 095 PAG£ 400 :t~ :t~'- I· Ä~ -I ., ';' .¡,. ;¡: ~, ..' ,y.~ ,1 :<¡p ".:". 095 PACE 401, , July 22, 1986 ***** aece.ss 10:.0 A.M. - Reconvened: 10150 A.M. ***** Itea f17 RESOLUTIO. .'-11' RE PETITIO. PU-.'-9C, øORHAK P. ALPBRT, RE PROVISIONAL OS. "B" OF TKB C-3 DISTRICT FOR A RADIO STATION OFFICE AND STUDIO - ADOP'l'BD, SUBJECT '1'0 THB PBTITIONER' S AGREBMENT AND FINDING OF FACT Zoning/Planning Dir~ctor Pettrow stated ,that the objective of this peti tion is to r'!!quest a Provisional Use' "E" of the C-3 zoning district for a radio station off'ice, studio, and entenna for property located on the south side of US-41, approximately one mile northwest of the intersection of US-4l and SR-~5l immediately eest of the Hitching Post Trailer Park in Section 33, Township 50 South, Renge 26 East, consisting of approximately 1.38 acres. He stated that lands to the north, ecross US-41 are zoned A-2 and 1s an abandoned ferm field; lands to the east are zoned C-3 and are undeveloped; lands to the south are zoned TTRVC and consist of an RV park and a mobile home ren- tal park; and lands to the west are zoned RT and MHRP end are undeve- loped. He stated that because of the size of the parcel and the location of the building and antenna, Staff finds the petition to have little or no impact on adjacent properties. He noted that Staff and all County agencies reviewed the petition and had no objection to its approval subject to the stipulations found in the executive summary. He indicated that the CCPC held:their public hearing and recommended approval subject to Stipulation'"i" being amended to state setbacks of 50 feet on the west side and 100 fee~ from the rear, adding that Staff i ,- :.; .. ~~ ,. Page 25 " - - - 4i ,~i:' 7:,'''Z ,} .~Ji'" . . >.."::¿!~1 H .,.....~.~ ~ ,1>i'~~ ";.;11~~ .11': '/ -:- :~ , July 22, H86 concurs with the amendment of this stipulation. He stated that the CCPe also recommenðed an additional atipulation which shall read: "Any aðditional antenna as permitted by ~he Zoning Ordinance shall meet the setbacks as specified in Stipul,tion "1". He concluded by stating that recommendation is for approval subject to Staff stipula- tions. In answer to Commissioner Hasse, Mr. George Varnadoe, representing the Petitioner, stated that this will not interfere with any of the surrounding neighbors' reception, adding that it is basically an office-type situation and the program is beamed out to the main antenna where it is amplified and then ~roadcasted in that location. cOllilliission.r Goodnight aov.d, s.cond.d ~y Commission.r Voss and carri.d unaniaous1y, that a.so1ution .6-119 r. p.tition PU-a6-9C ~. adopt.d sUbj.ct to the p.tition.r's Agr....nt and the Finding of Fact. . . ,.' ., ( r" ~ ,,~ I', . ~ ". ., . .;' .. ~: I'í ; ¡;.~ : ::- . p- ., , , .~ ; ( '","" ,,~~ ~~""' .' ;~J" ~<, ~~I:;t" ':".h;" J~.;.,,: ;. ;r- '!t " lot: ";" i ~,1 'I ; "-\-,j, . . .. ;.\.'CI C'..H~.JI· 'J,(' t~JPc.pÞi. :~ -' . ! ;" . ¡: ¡ .':' f t.J~; 1. '- f,,; ¡J t fi (. ~., ; . ,\'0.:1 (.;':. 0:.': í j~' '. -:, L' ... : J ...~ ., . ¡ .:] ¡ j. Æ ': ;; J _n ( ~,'('tltrí;f . rç. L" , . " '. ;, , '~ '; ~:¡:" j '_ ,J'; ".. t: !~! ' : Page 26 am 095 PAG£ 4.02 í 1: ì I . . \hl... JuJ . ~' ,..':,;;. .... '''', " . ::,;::' 'f>Ç' 095 JOg t '::.. ,,:"'~ JOSBPH WEBBR REQUESTING APPEAL or HOTICB TO ABATB A NUISANCE UNDER ORDIHANCB 85-33 - ~CTIO. DEFBRRED UN'1'IL 8/5/86 L' J.l July 22, 1986 ,. Mr. George roamer, representing Joseph Weber, stated that this deals with the nuisance abatement, adding that he is requesting that the Board of County Commissioners consider termination as to the existence of the nuisance. He stated tqat Mr. Joseph Weber owns pro- perty on Marco Island, which is an unimproved vacant lot described as Lot 11, Block 382, Unit 12. He noted that the property is not on the waterway, but the abutting properties' are. He reported that the problem is that pieces of concrete slab and broken pieces of concrete have been placed on the property and the County has established and recognizes that Mr. Weber was not responsible for that. He stated that the County has sought to enforce the ordinance against Mr. Weber and he has two positions, noting that the ordinancA is very specific on the declaration of a public nuisance which would establish that the accumulation of garbage, trash or liquid waste constitute a fire or health hazard and would be declared to be a public nuisance. He stated that the concrete on the property is neither a fire or health hazard. He stated that his second position is that under the cir- cumstances, the ordinance should not be enforced against Mr. Weber as this was not his creation as he has looked to the County to investi- gate the matter further to find out who placed the materials on his property. Page 27 - - .. .. July 22, 1986 Building Director Magri stated that Mr. Weber could put signs on the property saying that it is private and no dumping is allowed. He stated that Solid Waste Departmen~ has 'a deputy full-time that works .on trash removal. County Attorney Cuyler stated that he has not discussed this with Staff prior to tl,1i. meeting and would request that if the Petitioner's ,representative has no objection, he would like to continue the matter for two weeks in order to comply with Mr. Kramer's request to look into the matter further. commissioner Voss aoved, seconded by Commissioner Hasse and carried unanimously, that the Joseph WeÞer appeal of Notice to AÞate a Nuisance be continued until August 5, 19S6. Ite. fl' PUBLIC DARI)I'Q FOR VINEYARDS PUD/DRI HAS'1'ER PLAN '1'0 BB JIBLD 8BP'1'EKBER 2, 198' Planner McKim stated that the Vineyards has applied for an amend- ment of their master plan and the State Statutes require that a public hearing date be set to consider' it if the proposed amendment is a substantial deviation to the Development. Order that was issued when it was approved under the DRI. She, stated that Staff is recommending that the date be set for September 2, 1986, for the public hearing. comaissioner Voss aoved, seconded Þy' Commissioner Hasse and carried unaniaously, that the public hearing tor Vineyaras PUD/DRX aaster plan Þe held on September 2, 1986. :,. i,' ,~ . ' ',:~:: V¡~U 1,'~".<·;! : I 1'1 ,I' BOOK 095 PAGl410 Page 28 '';> I { ; ~. 09S'I!it411 ", 1\ I"~ . '1'.1' )....... , , i' July 22, 1986 It.. 120 I'tJ'BLIC DARIJrCl :rea WOODLA1fD8 DRI MfD COLLIBR DRI '1'0 DB OLD NOVBHBER f. 19.. Planning/Zoning Director pettrow.t~ted that the purpose of this request is for the Board to set a public hearing date for the Collier DRI, which is a 1,920 acre project and lies approximately two miles to the southeast 0: the Covernment facility. He stated that he has . ~.'- ~ !,: ~ I~~~\~ ~~.. 1,,1\' ::~l~ ~... ¡J.\., 4" ~~t 1 ~"t~ .. -- hi~. received notice from the SWFRPC that on July 14, 198:, they are pre- pared to begin their final review and evaluation of the Collier DRI application for development approval. He stated that there has to be a minimum of a 60 day public hearing notice for this and the applicant is gOing to request a specific time. He stated that the earliest that Stall could guarantee that this is ready for Board action would be in early December unless some of the petitions and PUD's that are currently on schedule are forestalled. Attorney Don Pickworth, representing Collier Development, stated that he is requesting that a hearing date in early November be established which will meet all the time frames. He stated that he has had discussions with the Planning staff in order to assist in expediting the hearing. '.,~ ¡ Commissioner Pistor stated that because this is such a large deve- lopment he would like to hold a separate meeting on this and questioned if it could be done in November, to which Mr. Pettrow stated that he would have to postpone qther matters in order to hold thiø hearing in November. h , , , > /, ,~; ( Page 29 ... ..... ~ .. ·t7F~ . I~i"', ¡ ",'::0'.' .~,,! . ',(" 4'f["'; - .";¡'" .¥ ;m.,;" if'!", . '. ,'~ "-'.~ ì.....,· ~~.. l"f' July 22, 1986 Mr. Pettrow stated that the Woodlands DRI has a hearing date sche- duled for the lSth of November, adding t~at Mr. Varnadoe is repre- senting the Woodlands and he has sent in a letter requesting that the hearing be moved forward from November 18, 1986, to November 4, 1986. In answer Lo Commissioner Pistor, Mr. Pickworth stated that this project has been ~nder discussion for a couple of years, and for a year with the County. He stated that they are most anxious to be able to move on to the next step. Commissioner Pistor stated that he would like to see the project go forward as it will improve the drainage in East Naples. Commissioner Voss stated that this Board has had considerable input on the matter and to put this off until December would mean that a new Board of County·Commissioners would be hearing it. He stated that the delay would not be a question of one month, but would be .everal months with a new Board. Commissioner Holland stated that the two DRI hearings could be held at the same time. Commissioner Pistor stated that, the ~oodlands DRI and Collier DRI could be held on November 6, 1986, if there ~as no objection. ~ commissioner Voss moved, seoonded by Commissioner Holland and carried unanimously, that the DRI hearings for the Woodlands and Collier be held on November I, 19a,. '1'ape IS Ih. 121 OSER/BLASTER PERMIT TO SHELL WESTBRN E , P, INC. TO CONDUCT EXPBRIMENTAL 8EX8MIC TESTXNG IN,COLLXER COUNTY - APPROVED SUBJECT TO EXJlXBIT "An 8DDK 095 PAGE 412 Page 30 I' , ~' ,...;,..., ..'; :; ".' ·Ii'; oI!o' -', . ',.,-. -1'-'.- ~ If;;· ~;J' .t. 1011( 095 P11;£ 413 Ll July 22, 1986 Public Works A~ministrator. Kuck stated that the objective of this item is for the Board of County Commissioners to consider issuance of a user/blaster permit to Shell Western E & P, Inc. for the purpose of conducting experimen~al seismic testing in Collier County. He stated that user/blaeter permits in Collier County are currently issued under and pursuant to r~dinance 73-11 as amended by Ordinance 82-94, adding that however, due to an accident relateJ to previous seismic opera- tions in Colller County which resulted in personal injury, the Board of County Comml~sioners on May 7, 1985, directed the County Attorney to redraft the existing County ordinance to provide tighter controls over blasting operations within Collier County, particularly those related to seismic testing. He stated that following considerable research, the Staff is nearing completion of this redraft and would anticipate scheduling it on the Board of County Commissioners' agenda for adoption within the next several months. He stated that in the meantime, the County Engineering Department has received the subject application for a user/blaster permit to conduct geophysical seismic blasting in Collier County, adding that in view of the concerns S.·, ;~ '!,,!~. :¡ , Ii··'· ~:\ ~ , ¡ , \ !~~ :};;... :t¡¿ \ ~.'" I" : ¿~<:. ~!,:\:, . :1¡..· , 0( )." .,t. :~~ I ;;ø rf' .~~ ~.~~ expressed by the Board of County Commissioners, the County Engineer considers it prudent for the Board of County Commissioners to review all applications for permits to conduct geophysical seismic blasting until such time as the proposed ordinance is adopted. He stated that the application indicates that the primary purpose of the operation is to provide experimental data for the formulation of new rules for :',,' Page 31 - - - ......W_.__"M....'''·,_._~"..''O''',~·_,,.,'"'_''"'''''_._._.,,....... ,·".·.w..~_...=,.""". .~."'''._' ___ v- ____... .__......- _.,,_ .. July 22, 1186 operations by the Florida Department of Natural Resources and the State Fire Marshal's office. He.stated that as such, this tequest would appear to be in the pest interest of public concern. He ~:It\~.. , '''1'10'" ~. . .~~~~ ! ~\r ~~ t,:-.., ~j I,·~J ~<~,... , 'C" ,., :' :~" ... noted that the Engineering Department has reviewed this request rela- tive to compliance with provisions of the current ordinance in effect as well as those 'ncluded in the proposed ordinance and if issuance of a' permit i. authorized, the Engineøring Department would recommend it be subject to those conditions set forth in Exhibit "Aft which is attached to the Executive Summary. Attorney William Blackwell, representing Shell western, stated ~hat the conditions subject to the modifications are agreeable, adding that the seismic reports relate to monitoring particle velocity, measuring equipment, etc. and they would agree to comply with any requirements of the State Fire Marshal i~ regard to sleeping these charges overnight. He noted that the State Fire Marshal and the Department of Natural Resources are participating in this exercise because the entire set of rules of the State are being re-written. Commissioner Holland questioned how close 'to the wellfields, the charges would be, to which Utilities Administrator Crandall stated that it does not appear that these charges would be close to any vellfields. Commissioner Holland stated that he has concerns as to whether this would create problems with the potable water supply. Hr. Blackwell stated that these are only about 3 or 4 pound charges and not big explosions. Page 32 lOOK 095 PAr,t 414 ___""'._"'_.",_.-"."__.""",."..",""'......__,__"" ".,";"...,",....,..~;'.~..'",.. _,_____~.O>'~ , , :~ J ;,~~!i', ,:r~f ·,·n,: . . \ ~ . ,~{~~ íì~t~ ...¡:;; ;;r~ ~f..t ~:tÎi ,i'<Ç~..,i1 , ,~,. ~ ';,~ "--:'~{ l~' ' aDD( 095 PAGt 415 -~ ",; I' j July 22, 1986 In answer to Commissioner Hollandj Staff Engineer Prince stated that these charges wi11 be in the same general area as the previous seismic testing area. Mr. Blackwell stated that the charges would not be near the potable water b\,.pply and Shell Western has plenty of liability insurance to prc·~ct property damages. He noted that when you are 300 yards from the explosion it cannot be fèlt and if the water wellfields are two miles away, there is absolutely no problem. Public Works Administrator Kuck stated that the testing will be done about 8 to 12 miles away from the wellfields and APAC's quarry is almost adjacent to the wellfield and they are setting off heavier charges than what will be in the test area. Commissioner Hasse stated that the Executive Summary indicates that there will be two 20 pound charges set off at a 200 foot depth. Mr. Tom Herbert, Geologist, stated that this program was set up as an experimental program and one of the charges will be a 20 pound charge, adding that they wanted to test the range of the different explosive sizes that are used in the State. He stated that he does not fael that there will be any problem in this area testing. He noted that there is testing that will be done to determine how much impact is put into the surrounding rock and soil and what distance there will be any ground motion. He stated that by doing this testing, he feels that it will ~elp with the rulemaking in Tallahassee for the whole State. Page 33 .. - - ·-·_··_......__.,"'~..·"',.,_,~_"."'''"',<~'''''O,_'',.."_,,........._...,...·,.._.._...._..._....-r_' 0'''''''...............-...,-- .. July 22, 1986 Commissioner Voss questioned if the lighter charges and shallower depths would be d~ne first, to which Mr. Herbert stated that it could be done that way, adding that the whole ~hing will be done under very controlled conditions. Mr. Herbert stated that one. of the primary things that they wanted to examine i3 the ability of the various sizes of drilling equipment to be able to dr'1.l through the cap rock in Collier County. He noted that one of the problems with many of the previous surveys done in this area is the inability to drill through the cap rock. He stated that the ideal situation is to drill through the cap rock and set the charge rather than just drilling through the sand and setting it on top of the cap rock. He stated that they are intending to drill through the cap rock and then use various types of plugging materials to plug the holes. He stated that there are numerous tests that they would like to do and this will all be done very slowly. He stated that as they start drilling, one of the hydrologist from the SFWMD will be on site and the hole will be logged as they go down and if it is necessary to ph~g the hole, they will do that. comaissioner Voss moved, seconded by commissioner Hasse and carried unanimously, that the County Engineer Þe authorized to issue a . User/Blaster Permit to Shell Western B , P, Inc. to conduct experimen- tal seismic testing in Collier County subject to conditions set forth in Bxhibit "A" with Item t9 being changed to delete the word "Continuous" and Item 111 changed to read: "All explosives placed in '! ~', : ! !'''; . f l' ~ "'" .... , ,'\';" I,: t .\'" ;.!!! :tPf ~ ,0. BOOK OrJ'5 ~A~~ 416 Page 34 , . 'f; ~ IDOK 095 PACt 417 July 22, 1986 f"~" ~he ground shall be detonated the'..m~ day as plaoed, but would allow explosives left in the qround overnight provided the state 7ire Karshal approve. i~ and tha~ the applioant provides overnight .eourity. , " ... ~ ~ \ 1.'(" '", ',' . , II "~~ I:>:.i-J" J, ¡'.\ 1 .~. t, . ,:., " :,d ¡: .. .' f'- Iii. ~. \ !' ~ ,'. ~7' j.," "l :.: :';;'." ." '. ,> F~ j' ., " ¡, ¡ >':¡ . r r'i ~ 0"" ) \ 'i.~ t' I.. (, :,,"}: t . , . ~; ~ J;~;~L.-A. ;' ¡ ¡ J , , '..·.:4 (I' , .!. t , . . ~ (" ">!; . <: t ¡;¡" ;I\;_,t.:iI;: ,¡: ¡" .': ~ -",f' '.\ ~' , Page 35 .. .. - "-·__''''''''''flt<,...-_··_·~·· ~ ~t~~~" ,if .. 095n'it419 July 22, 1986 xt_ f22 DISCUSSION REGARDINQ LELY BAREFOOT BEACH Commissioner Voss stated that a few months ago he knew that the Lely Barefoot Beach project had not sold out as Lely had expected it to sell, adding that he has always been a strong advocate of obtaining . as much public b~5ch as possible as well as access to the beach. He stated that he spoke with representativ~s of Lely, their attorney George Vega, and Nay Landrum fr~m Tallahassee to discuss whether some part of Lely Beach at the southern end could be acquired by the State because the State already has 5,000 feet of public beach that runs north from Wiggins Pass to the South end of the present Lely Barefoot Beach. He stated that the problem with this public beach is that there is no access to it except by boat or by walking a couple miles down the beach. He stated that after various meetings, it was decided that Lely would be willing to sell 1800 feet at the south end of their Lely Barefoot Beach to the State after an appraisal ~as made and nego- tiations completed. He stated that there were some contingencies placed upon the offer that Lely had made, noting that in addition to the 1800 feet that they are willing to sell, they would also trade an additional 600 feet for the 600 feet that the County now owns at the north end of Lely Barefoot Beach, which is abutting the Lee County line. He stated that Lely also wanted to close the road which they would eventually build from Bonita Beach Road to the State Beach and make it a private road rather th~n a pcblic road. He stated that he Page 36 - .. - ",.........._""'"-.-.'"...,_4<,..."'......-...__~'''_._.........._'''','' .,..~,....,."'",.,,___.."....._ "'_ü_,," .. .....~..... ....~ -. . ~ July 22, 1386 talked with a number of people from the Bonita Shores/Little Hickory Shores area and they do not want to give up their 600 feet of beach. He reported that for the overall good of the County, it seems that if that 600 feet is moved to the south end, acquiring a total of 2400 feet of beach, it is worthwhile. He s~ated that if a reasonable access can be obtained and all the environmental concerns can be satisfied, it wilL be no further for the people of Little Hickory and Bonita Shores to go the south end of Lely Barefoot Beach than it wil~. be for them to go to the north end. He stated that if this were done, the Board of County Commissioners would have to take the definite position that it is willing to make the 600 feet swap, that the swap would not be made until after the acquisition of the lSOO feet of pro- perty by the State, and that the access and the parking lot would be in so that there would be access to the beach. He stated that the 600 feet at the north end is adjacent to a Lee County beach and it is a mixed beach now for both counties. He noted that with the people from Bonita Shores and Little Hickory, it is an emotional issue as they want to keep the beach, as they regard it as their beach even though it .belongs to the County and is open to everyone that wants to go there. He noted that he has been in touch with the people from Tallahassee and they seem to indicate that t~ey are willing to go ahead and advance this on the list of purchases and buy the property. He noted that if the Commission makes a decision that it is willing to swap the 600 feet, he will go to Tallahassee to talk to the State and the am 095 pm 420 ' Page 37 J~: ~ ; ;' j -'~ .J' ¡ . , u( ,,' 095n~421 July 22, 1986 . fjiL,.; Committee to see if they are willing to go ahead with it. He stated that this seems to be the last chance that there is to get an addi- tional 2400 !~t of ~ontiguous beach which will abut 5,000 feet that is already there ~nd will have access to it. Commissioner Pistor questio~ed the problem of access with the pro- perty owners, to which Commissioner Voss stated that there are three property owners involved and they have àcknowledged a willingness to d~natc an access. Public Works Administrator Kuck stated that there are three separate owners and all three have indicated that they would be willing to work with the County in providing an access road and six acres for parking facilities, but there are no promises. He noted that one problem would be getting the permits to make the crossing through the mangroves and the State would be very helpful to the County in obtaining these permits. Commissioner Voss indicated that none of this would be done until .' all details were worked out. Commissioner Hasse questioned what happens to the parking at the north end of the beach, noting that this parking lot was supposed to . ' be put in by Lely? He questioned why the County could not hold on to the 600 feet at the north end, and also discuss the 600 feet at the south end with the State? '1'ape ". t ¡ . ¡ , - Commissioner Voss stated thbt the offer of Lely to sell the 1800 feet at the south end is contingent upon the swap. Page 38 .. - .. July 22, 1986 Attorney George Vega, representing Lely Barefoot Beach, st~ted that the idea 01 this swap starte~ a long time ago, and former Commissioner Wimer was assigned the task by the then Board of County Commissioners because it was felt that the beach at the north end was a Lee County/Collier County beach. He stated that there could be an east-west road as the property owners are willing to negotiate. He stated that the only advantage to Lely Barefoot Beach is if the road in the area coul~ be used as a private road and to do away with the beach area and the parking lot commitment. He stated that the Seller is willing' to sell the property at an appraised price less a discount, but in return for that, Lely Barefoot Beach wants the contingencies. He stated that if this cannot be done, then there is no sense in pursuing the matter, because Lely Barefoot Beach is not interested in selling. Commissioner Pistor questioned if the parking is not done in the north end, will it be transferred and the parking in the south end will be done, to which Mr. Vega stated that they are trying to obtain the land for the parking lot for the County. He stated that all of this has to come back to the Boa~d of County Commissioners with everything completed. He stated that' everything also has to be worked out with the State. He noted that this would create a very large beach for the people of Collier County. He stated that the State has discussed buying the property and building a house on the parking lot, but he does not know about the access road coming in, adding that the County'may have to pave the road."·>,i. ': '.' .' Page 39 BOOK 095DQ422 ,o~ 095 PAG£ 4.23 July 22, 1986 Public Works Administrator Kuck stated that the paving of the road would be a minor item. Commissioner V03. stated that if this swap goes through, the public would have access to 1400 feet of public beach instead of 600 feet of beach. The foll~wing people spoke against the swapping of 600 feet of beach in the north end for the 600 feet'of beach in the south end, citing the 10s8 of a beautiful beach that has access in the northern end of the County, the existing beach will not cost the taxpayers any- more money, the southern 600 feet being in a wash-out area without access, and not for the benefit of Collier County residents: Emily Maggio, Chairman of Save Our Beach Committee Tape '7 Catherine Graham Do:"othy Johnson Jane Hogg Andy Clements '1'ape ta Marjorie Ward Odd-Magnus Mortensen Statements of protest were presented by Emily Maggio with l19l signatures indicating that they are against the swap of this 600 feet of beach. Commissioner Pistor stated that there would be no swapping until everything is agreed upon, adding that the beach will always be there. Commissioner Voss stated that he has a fèeling that people do not understand the situation. He stated that the people in the northern end of the County want to keep that small portion of beach, which is Pðge 40 .. - - ~ ....."'....-,....-'- ._".,",",__--"._'_M"""...~,~·W....,__.'"''""...,_·;~...__".~..._"~~,,..,''',''_ July 22/ 1986 not a benefit to all the residents of Collier County. He stated that in the end, the residents would have access to 7400 feet of beach and unless everything was finalized regarding this, the 600 feet in the northern end would not be swapped. commi..ioner v~.. moved that the Board expre.. it. intent that if the st.te puroh.... the 1800 feet .nd the county i. a..ur.d that an aooe.. .nd parkinq lot will be provid.d .nd all environm.ntal oonoerns .re underw.y, then the '00 fe.t that the county now has at the north end will be traded for '00 f.et adj.cent to the 1800 f.et that the st.te i. t.lkinq about buying .t the .outhern end, but nothing would happen until everything i. re.olv.d and in black .nd white. Motion died for lack of a second. Mr. Vega stated that there is no sense in going to Tallahassee to propose anything at this time, adding that there is a lot of com- petition for the money and the last meeting to present any evidence is Friday. He stated that when that date is missed, the funding of the legislature is missed altogether., He stated that this is not a situation where it can be studied because it will be too late. Commissioner Þistor stated that since there is no motion for any action, the discussion is close~. ..... Rece.s. 1.05 P.M. - Reconvened: 2:15 P.M. with D.puty Clerk Ruis replacing D.puty Clerk K.nyon ..... UDf: 095 Dr!. 424 Page 41 ft" ' \,' : ~ . ~ J ." ...,..-....-.... -. "_~~___"''''',.,.__;'''~__"_..''''..,,.._~,,·c ,_"J_._~~,...".,""_~_".."....,~.""_. NO!( 095f1~425 July 22, 1986 (,,).) J ' regarding the Save Our Coast Program, 'aððing that the meeting is to possibly rearrange the list of priorities, and he may be able to answer any questions that may come up in reference to Lely Barefoot Beach and other projects concerning Collier County. Commissioner Hasse stated that this matter should have been brought up at this morning's Be..ion when Lely Barefoot Beach was discussed and t....1 public was present. comai..ion.r Goodnight moved, ..cond.d by Commi..ioner pi.tor and oarri.d 3/2 (Commi..ion.r. Ba... and Bolland opposed) that cOllillii.sion.r vo.. att.nd th. ...ting in Tallaha.... .chedul.d for July 25, 19.', with r..p.ct to th. save our Coast Program. It.m 124 RBSOLUTION 8'-120 SUPPORTING THB PURCHASE OF CAXAMBAS PASS (POINT MARCOS) TRACT AS A "SAV! OUR COAST" PROJECT - J.OOPTED Kevin O'Donnell, Public Services Administrator, stated that the State of Florida ha3 shown a great deal of interest in this project and the Resolution outlines the County's commitment to develop the area if it was purchased by the State as a park site with no commit- ment on the County's behalf for acqJisition. He indicated that there are two parcels in question one is approximately 30 acres and the , other is a 3.7 acre park site. 'The owners of the parcels have been ',.', .-.- contacted and have expressed an'interest to sell, he noted, and staff will go to the meeting in Tallahassee on Friday, July 25, 1986, to state the County's position in support of the project. " Page 42 - - - ~ "-"'~"-'-"--""*' _"'''''_''''''''''''''''''.''".._.F''''_ ..~......"","~_",,,_,.,,,,,__,,.,.,,_.._"., , "__M~'~.'""""_~..·"""""~"__~"'·~·__ July 22, 1986 Commis.ioner Pi.tor asked if this item will be put.on the priority list if the staff is successful on Friday? Mr. O'Donnell answered that that was correct, adding that initially there were 35 projects submitted and State staff had reduced it to l3, and the see Committee will now make a determination as to which projects will be recommended to the Governor and Cabinet for funding. County Manager Lusk asked if the State expects the County to put money into this purchase? Mr. O'Donnell answered that right now the County has taken the position that there would be no acquisition funds on behalf of the County. Mr. Lusk asked if that would have any effect on the priority setting? Mr. O'Donnell replied that he does not know, adding that one negative aspect to the overall project is the total cost it has in relationship to the State's total allocation. Commissioner pistor stated that from the letters received from the State, the indication is that there is a willingness to consider putting this project on the priority list. Commissioner Holland asked if this parcel is completely surrounded by a seawall on the Gulf side, and whether there is a beach? Commissioner pistor answered that there is no beach, but he has bee~ informed that if the beach study'that is being carried out at the pre- sent time goes through, that the seawall may be removed. Commissioner Holland stated that a State park would attract people from allover the Country and the people of Marco Island would not appreciate that; and in addition, there would not be enough beach, parking or roads for large numbers of people. ;. i,.: ~ I Page 43 aOOK 09.5 PAct 426 , 1 ---." ..,.,.,,_~,Ü"""___"··O!o"""· 'r...... .. ".""_,_,..._.....,""','"""~"..,,,.""'"",,,.,^ P'''.,'.. ...._,"".,...._._<>"-';..._'M.....'-'....',.....,_·...··...· -'\ 095n~.t 421 n-l') \ .'"- July 22, 1986 t- , Commissioner Pistor stated that the people of Marco Island are not interested in attracting additional people to the Island because of the crowd. already .xisting at Tigertail Beach and other places, on the other hand, they also do not want' a 10 or l2 story hotel being built in place of a park. He indicated that this parcel is one of a f.w piece. of land i~ the County that has not been built on and the ~,i . ¡", ì I: t. ~, ¡-." f ~ ~J:. ~.~.: " I ~~':~, . f;,' ~> ..;,,1-; ..~, , possibility of tt~ State purchasing this purcel in the near future is remote due to the price. Commissioner Holland stated that the State and County governments own 60' of the iand area in Collier County and there has to be a stopping point somewhere. Commi..ion.r ðo11.nd mov.d, ..cond.d by Commi..ioner H...., that the .taff r.oomm.ndation with re.p.ct to the purcha.. of Caxamba. Pas. Traot b. turn.d down. Upon c.11 for the qu..tion, the vote w.. 2/3 (Commi..ioner. QoodDiqht, VO.. and Pi.tor oppo..d). '1'ap. It Commi..ion.r pi.tor stated that he would like this parcel to get on the priority list and he doe~ 'noif' foré~ee this parcel working its way up until S.R. 951 is four-laned; adding that he would like to see the Board follow through on it, which is why he voted against this " motion. Commi..ioner Goodnight moved, seoond.d by Commi.sioner Voss .nd carried 3/2, (Commi..ion.r. Has~. .nd Holland oppo..d) that aesolution .'-120 givinq notic. to the stat. of Florida of Collier Ccunty'. '.q. u - - - -"--....,-.....----. '1 ",v'''_''~'''''' ._._.-._.__".."'........."........_ July 22, 19U intent to partioip.te in the 4evelop.ent anð maintenance of Caxalliba. .... (point xareo.) '1'r.et property unðer the Save our coast proqraa, be .ðopteð. 'L~ /: l' ,~.,-. II:.. .¡:; ,. -.-.j" ". '1:" .' "\" ¡-<'I - -. .,-, '1";: . J.. ~ ' I,: ; :!' ¡ 't ,..~ t:~': . T !'¡' I,',; ~-'~ #~ .; . ',fl, "I'ì .~~ t', ! , ;' ,.~. ~;"1 1.0. (,,>L Ct.·l' ! .n;n ,)t ,', !"t,r 1 :_':: î''."! :J C"YJ~.'~J· ;:-.[ ~,i.> ~', ;'. r T t. 1-<- , I ''- - ~ ! 'k,' ~ ;.; ;J "."~. .~. I r _ ~ ; 1 iL-. ¡ ',\1 " :.... : ;~ BOOK 095 PAG( 428 Page 45 rrn \ j ( ~- 'J ,':~¡ -...,---,,,, "..-. -~,,,,~",;,,,--,">.."...,,,,,,,,,.._(,,"_.,,,,,.., .,.--"".._..,,,,,.",,,,,,.,,,-, ":d Ji'ì -.rt\ ~ :;'''~ ~'~~T '.-'if; .n~ OJ,J ""'11'" , "')-~',J' , 'X;'~JI: ~<~ .' .""-_.".""_.",.,~..._--,.,,...-_..~--~.,"" ,:. t"")), . .,1,_ 095Pa'it431 July 22, 1986 It.. 12 5 8TUJ' DIRZC'1'BD '1'0 DGOTIATB A CON'1'RAC'1' WITH PRC CONSOER TOWNSBND FOR BNGINEBRING SERVICES AT THB RZGIONAL SBW!R TREA'l'HEN'1' FACILITY - APPROVED Utilities Administrator Crandall stated that the Board previously authorized advert:sement for engineering services to design the Regional Sewer ~.eatment Plant Facility~ Phase I, as presented in the Sewer Muter Plan, and also appr'oved tl.e formation of a Selection Committee on April lS, 1986. He indicated that RFP's were sent to 23 firms and proposals were received from 9 firms. He noted that PRC Consoer Townsend, CH2M Hill, Inc., and Post, Buckley, Schuh & Jernigan, Inc. were short-listed, interviewed and ranked by the Selection Committee and PRC Conaoer Townsend was selected as the number one ranked firm. He stated that the recommendation is that the Board accept the ranked short-list as presented and authorize staff to negotiate a contract with PRC Consoer Townsend. coma!ssioner Goodniqht aoved, seconded by Comaissioner Voss and carried unanimously, that the ranked short-list of de.iqn enqin.ers be acoepted and the utilities Administrator be authorized to neqo- tiate a oontract with the number one ranked firm, PRC Consoer Town.end, for enqineerinq .ervioes in conneotion with the Reqional Sewer Treatment Faoility. It.. 126 STAP'J' AU'l'BORIZBD '1'0 NEGOTIATB A CON'1'RA.C'1' WITH HOLE, MON'1'ES to ASSOCIATES, INC. FOR ENGINEERING SERVICES RZ RZGIONAL SEWER TRANSMISSION AND BFFLUEN'1' DISTRIBUTION SYSTEM - APPROVED Utilities Administrator Crandall stated that staff was authorized to send out RFP's to firms for the Sewer Transmission and Effluent Page 46 - - - .. ""---..-.'" '__'''''-b~'''''''''''''_"_''.~''~,___,_.~".".."...,.- ,.' 'N"",",'·_"''''''·'''_'''"'''~_'~_"·"''_··"~·_··_ .. July 22, 1986 Distribution System as outlined in phase I of the Sewer Master Plan. He indicated that 25 RFP's were sent out, and 13 proposals were received. He noted that Hole, Mon~es ~ Associates, Inc., wilson, Miller, Barton, Soll & Peek, Inc. and Camp Dresser & McKee, Inc. were .hort-listed and interviewed by the Short List Committee. He said that the Commitl~e ranked the firms with Hole, Montes & Associates, Inc. being selected as the number one fifm. He indicated that the recommendation is to accept the short-list as presented and to authorize staff to negotiate a contract with Hole, Montes & Associates, Inc. Co..issioner Goodnight .oved, seconded by Commissioner Voss and carried unanimously, that tbe sbort-1ist of design enqineers be acoep- ted and that the Utilities Administrator be authorized to negotiate a contract with the number one ranked firm, Hole, Montes , Assooiates, Inc. for engineering services related to the Regional Transmission and Bff1uent Distribution syste.. ,',e";' >. . It.. 127 I'IRS'1' AKBlCDIŒ1fT 01' SB'r'l'LBJCIm'1' AGRBEMEN'1' DATED APRIL 22, 1985, WITH BAST MAPLES ~TBR SYSTEMS, INC. - APPROVED Utilities Administratv~ Crandall sta~ed that this item has been , . expanded to include last minute revisions to the contract that pro- tects the County from specific performa~e problems that may occur. He indicated that the First Amendment requests up-sizing of pipe and lift station in order to be able to provide sewer service to addi- BOOK 095PAcc432 Page 47 .. . .!' ) ,_ t. ,j. ,. \ \ ;,) ~"I ....... '_"'"....~ ·'..··"_I"."''''.'·.,·,''''".~,,,..··,,·"..,"'.,.."",·,· ,. ,.....'"....,,_.."'~.._.,._..~~"~,._- 095 PA'ól433 July 22, 1986 tional customers, increasino côn.t~uctlon costs by $45,067.20. He noted that in the event that actual construction costs are exceeded by 1St, staff would like to have the flexibility to approve such an amount. Anything in excess of l5\ would be brought back to the Board for future consideration. He added that the second part of the Amendment protects the County's .interest with regard to promised water withdrawal permits, East Naples Water Systems, Inc. promised 1.25 . million gallonø ~ day water withdrawal, and they only have a 1 million gallons a day water withdrawal permit. He noted that the Amendment 1 . allows East Naples Water Systems, Iric; two years to obtain the l.25 MGD permit from South Florida Water Management District. He noted that during the time needed to obtain the permit, the County will withhold 1,000 water system dev~lopment credits and will ~ot have to pay the scheduled lease payments amounting to $28,000 for a year; this will compensate for anticipated loss'o£ revenue from customers who would have connected if the l.2S MGD'permit were in place. He indi- cated that if East Naples Water Systems, Inc., fails to obtain the permit in two years, the County keeps the credits valued at $700,000, if a permit is issued within the last 90 days of the two-year period, East Naples Water Systems, Inc. would be allowed an additional six months for the actual construction necessary to meet the terms of that permit. Mr. Crandall stated that the closing is scheduled for July 23, 1986, and failure to come to terms as stipulated will necessitate not closing. I'" '. ." . . ~ . ' . : '.' ~ I, ¡ ¡" Page 48 - - - ~ ,.~.,.~..,""=",.,.,_..~-",.,.~,,,.,._-, 'f..:: \~~' :J.t,oor {}J) , .~ : L) JFi·co·rt.c' Ci' .,"¡ , !-~ ~~; ;(i '0 I t ! \. , July 22, 1986 Assistant County Attorney Anderson stated that if in the next two years, East Naples Water Systems, Inc. re~eives a water use permit for less than 1.25 MGD, they would be entitled to receive a proration on the increase, a proration ol the 1,000 water system development charge credits that are being withheld~ Mr. Crandall stated that East Naples Water Systems, Inc. will be able to obtain ti.·, permit, but in ,the event that they get a L 25 MGD they would only receive 500 of their credits back rather than 1,000 since they only performed one half of what they intended. Mr. Crandall stated that the Board needs to approve the amendment as outlined, the additional cost of the up-sizing of the pipe and lift station, and the proviso for the issuance of the 1.25 MGD permit be made part of the contract that will bè signed on 7/23/86. County Attorney Cuyler indicated that the staff is requesting the Board's authorization to have the Chairman execute the Agreement presently before the Board, which is the complete agreement between the parties incorporating the things that Mr. Crandall just outlined. commissioner Voss moved, seoonded by Commissioner Hasse and carried unanimously, that the rifst Amsndment S.ttlement Agr....nt with .ast .aples Water Systems, Inc. be approved as presented. ! J ,. I . :-. :_...~ ~. r· ¡ ."~: p'r~·;:J..:fc+" "':-'~J ~'¡n~1 ·-ß ." ,u~ .' ;'; (: i ~ - 1 ,.',' ! . . ß' ' . ~ 't' '. í.p'¡; J :- aODK 095 P~!;t 434 Page 49 , ~H . .' ./ bvCf " "..._.,.~_.."__~.._._","..",,,"___..."".__..; "......,.,....'''''..__._..w..._'' .~''''.....'''-'''-_...-....~ ~.....,'"--.,_._I,"'......II U'.'"'....._",...'"..........."~_.~,.',",.."'." "^-" , I" " " '_""_""'__"_M'"""'''''~~__ ; f ¡ July 2Z, 19815 It_ '28 i CBAMa. ORDE. '1 TO WIDELL , A8800IA~8, INO. INCLUDE 8ITB PREPARATION AKD UNDERaROUND PIPIRQ RE' KQ WATER STORAGE TANK AT REQIONAL WATER TREATMENT PLANT NOT TO EXCEED $354,120 - APPROVED Utilities Administrator Crandall stated that on April a, 1986, the Board awardcd an engineering contract to PRC Consoer Townsend to fast- track the desi~n of the County's Regional Water Treatment Plant expan- . sion which is well under way. He said that in the fast-track process, it was requested that an additional storage tank be constructed prior to the plant construction, thereby allowing for additional backup during the peak demand seasonal period. He added that the additional storage is needed to get through one more peak season and by the second peak season, with the fast-tracking process, the County will be on-line with the plant. Mr. Crandall indicated that by declaring this project an emergency, the normal bidding process can be waived'allowing for the Utilities Division and PRC Consoer Townsend to approve a Change Order to W¡dell Associates, Inc.'s existing contract for facilities construction, otherwise, the normal bidding process would have to be followed which is 6 to 8 weeks and would put the County well into the second season creating water shortage problems. Mr. Crandall indicated that by the Board's action today, if they do approve, staff will be coming back with a similar request for the tank construction; the project consi8~ing of two parts, land prepara- tion and pipe work done by Widell & Associates, and the tank construc- tion to be done by someone else. Page 50 , ;J': - - - .,",.".""""'____,...__-.v ...~_...--"_._~.,.. . ~,""'__.,__"..,.>4i.~'''',''",'".....',''"'"...;,..'''.." .. ~ ',' , ..'_"',m_.·...,_""~""".",..__~·"O>·_··..~""·~·_..·~_ i~~,~ ," ·I,i".",~." J~,' . ('i, l"i';,'= -I.~;6, , ~.~. . ",~~';;5- ;, 'tÍ' ;~~.:.. . July 22, 1986 Commissioner Pistor asked why the site preparation is so costly? Mr. John Dyer of PRC Consoer Townsend ståted that site preparation . involve3 removing and replacing fencing, removing an area of ground of about 230' in diameter, removing roots f~om the tree removal, then bringing the 1ite b~ck up to an additional elevation of 3' of com- pacted fill, l~·,'~g the 30' main line, connecting the tank with the current storage ~ank into the main serviée pump area with all the associated valves and pipe fittings, and then grading and landscaping. He added that the p~ice is an acceptable one. He noted that they have requested a proposal for tank construction from the Crom Tank Company who bu1lt the existing tank. comœissioner Voss aoved, seoonded by Commissioner Goodnight and carried unanimously, that the normal bidding procedure be waived due to the ..erqency work that has to be done to prepare for the tank. Commissioner Voss aoved, seconded by comaissioner Goodnight and carried unaniaously, that Change Order 'I to Widell , Associates, Inc. to inolude site preparation and underground piping for the six aillion gallon water storage tank at the Regional Water Treatment Plant, in an aaount not to exceed $354,120, be approved. ..;1 .. ~ I,' . 4 ". þ ~; I; ì ; ,' ü;' . t'J'·'1;· ,', ,,; ',:'i,' 1 ; ~ aOOK 095 PAG£ 4. 4. 6 Page 51 :il.ij· i .I'-'" oa~}': 'J'l' .·'n..__...... .- ~_ 4. " ~ ,,~ , 095 PAG£ 465 " July 22, 1986 It.. 129 PUR~S~ O~ 1A8~ ON WEST 8IDI O~ WILSON BLVD., FOR lAST REGIONAL WELLFIlLt' EDANSICl( IX AM01:7N'r 01' $1, 000 - APPROVED utilitle~ Administrator Crandall stated that 8 sites have been chosen for production wells, and the wellfield easement located on , Wilson Boulevard will allow for a test well to be drilled immediately. He added that this site has been recomm~nded by Missimer & Associates who i. a 8ub-con3ultant to the ~onsultant for the project, PRC Consoer Townsend. He said a fee of $1,000 has been negotiated with the owner for the easement and staff is requesting approval from the Board to pay that that easement. Comaissioner Voss moved, seconded by Commissioner Holland and carried unani.oualy, that the purchase of the wellfield e.sement in connection with the East Reqional Wellfield expansion in the amount of $1,000 be approved. Itea 130 ,~~ '1'0 BAST DPLBS SBWBR PLAN'l' LAND LEASB AND PROMISSORY NOTB POR BAST DPLBS WA'l'J:R SYSTEMS, INC. SETTLEMENT - APPROVED Assistant County Attorney Anderson stated that the modification to the sewer plant lease would permit the Clades to remove palm trees from the sewer plant site, and that the promissory note that was origi- nally approved in the settlement agreement did not reflect that if the IRS öid not treat the interest ~he County pays to East Naples Water ;' \ Systems, Inc. es non-taxable, the interest rate would be lOt rather than n. ,'oj Page 52 .. - .. ,.,..-'''''''..''''.,.-.''''...-...."-. '.' '\ < -. ...-.~,. """"<'-'" ._....".,.~."'"..,-"'.....,"'"..... .~~~>~.' ....,,,.... July 22, 1986 County Manager tusk stated that he assumes that the trees that are to be removed from the sewer plan~ are ,now being used to dress up the sewer plant. Mr. Harry Hubschman stated that there are some trees that dress the plant but all trees are not intended for removal. He said that the er¡tire berm around the ponds have been planted with rows of trees because the effluent makes for good soil and this land was leased to the nursery. He indicated that these rows of trees are not necessarily part of the decoration around the plant: the trees around the plant will be left in place and only the trees in the berm for the nursery are the ones to be removed. He noted that the edge of the pond site is completely treed off by other wild trees and those will not be removed. He said that any holes left by tree removal will be filled in and grassed over so that berms are' not eroded in any fashion. County Manager Lusk asked if the County is not able to get the interest tax free, can it issue bonds to keep the interest low? Mr. Anderso~ answered affirmatively. Attorney Jim Siesky stated that there are two effluent ponds; one off Davis Boulevard and one at tþe site of the sewer plant and that the request for the right to remove trees should have been placed on the lease of the sewer plant site, and the Board is being requested to make the change. Comai.sioner Voss aoved, seconded br Commissioner Holland and oarried unanimouslr, that the Board approve the chanqr in the sewer &OOK 095 PAGt 466 Page S3 ~,..._",.",,,,----,.,,,....,,,,,,,,,,~> .' .' ,,. .~-.- -~"-~"-""'''''_.'''''''''-''';- 095 PACt 467 't '4: ~ July 22, 1986 plant l~d 1.... to p.rmit the r.moval of c.rtain palm tr... .nd apprQVø the chanq. in the proai..ory not. to provide that if the IRS tr.atø inter...t paid .. taxable, the interest rate .hall Þ. 10% in.tead of ,.%. ~ 'i (T' . , ,\/, J t: . ¡ ~.:. j,. ; ; ' ., {!'; ''\ ; ·ì. II J. 1. ,:' ~ ;', ~ -,/'.' , . , I, .~ , ;. " '.' ~ '"'. ' '/ .'l;~I" q ~ ( , . r OJ;. ~ ~' 1,1 Page 54 - - .. , 095...~ 471 July 22, 1986 It_ 131 RBSOL~IOM .1-121/CWS .1-3 RB CANCELLATIOM OF ACCRUAL OF AD VALOREM '1'AXZS AND TANGIBLB PERSONAL PROPERTY TAXES AS OF JULY 24, 19'1, ON BAST NAPLES WATER SYSTBMS, INC. PROPERTY - ADOPTED Assistent County Attorney Anderson stated that this resolution which will be forwarded to the Property Appraiser, formally removes the weter treatment plant land, the water treatment plent itself and . the sewer trectment plant from the tax rolls so that the County does not pay itself texes. Clerk Giles asked if the County pays a pro reta tax up to the date of sale? Mr. Anderson answered affirmatively. Commissioner Voss aoved, seconded by Commissioner Holland and oarried unanimously, that Resolution '1-121/CWS '1-3 cancellinq the accrual of ad valorem taxes and tanqible personal property taxes on the .ast Naple. W~ter Sy.teas, Inc. Water and Sewer Facilities and Water ~reataent Plant site a. of July 24, 1981, be adopted and for- warded to the property Apprai.er. . .... ~ i \~1'.' " I' , .. '\ , \', \.....,-, , .1 " ..../ t::,- ~ ;'" ¡ :. i", ¡ ,~" ~< .'!' '<', ~" 'J' :: ( . . .t;~ ,;.¡' ¡> ¡,"r t'. ,.~~;:, r):. 'r~~': 0t '..; : i: ',; ~ t ~- ~I .. . Page 55 ¡t: I~t "f: it';: '~t' ~':' ~ ;' ....... .. ...., ( (.ÿ: f . 'f !].. ~:. r t " . i; ~j < 'I':'~ r u - - - .,...._-_...._-~-".,,---_..."'-.....,..,,~ ~...~...._...__."""-".....'"....._-_._---_."..~ -_·_·__,_IOIO"'_'~'_·~____"""'''·" .. ;, ,..........._.._-~.""-~"--,- { ': ~ '¡ .' ,- IDIII: 095,AGi475 July 22, 1986 It.. . S2 BUDGE'1' PUBLIC HBARIKG SCHBDOLBD FOR SEPTEMBER 4TH AND 17, 19S6 AT 7s30 P.M.1 T1!:N'1'ATIVE COtJNTY-WIDE MILUGI RATES SET AT KAXIKt1M OF 4.5293 - APPROVED Ms. Lori Zalka, Buðget Director, stated that the tentative millage rate is the maximum rate that can be levied for next year's budget and this rate will also be included 'on the tax notice sent to all property owners in the County around August 15th, She adðed that the second purpose of thJs ~earing is to s~t :?~.~ublic hearings dates anð she she recommends S~ptember 4 and l7, 1986. '1'ape 110 comaissioner Voss moveð, seoonðeð by Commissioner Hasse and carried uDani.ously, tbat the Public Bearin~s OD tbe Budget be set for September 4 and 17, 1986, at 7s30 p... in the Boardroo.. Commissioner Voss stated that the Infrastructure Committee recom- mended 2 mills versus the half mill, and 2 mills is a lot at one time. d ,\ { He said that he woulð not be opposed to setting one mill as a ten- tative rate and then give the County time in the next month or so to study what projects will be undertaken, weed out those that are not really necessary and probably reduce that one mill. Ms. Zalka stated that if the County goes to one mill, it would mean a county-wide tax increase of 35% instead of 20\ and would give the County an extra four millions ðollars for capital projects. ,. ;¡ Commissioner Voss asked if that'would be 4; mills instead of four? Ms. Zalka answered affirmativel~.." 1" <:[, , .' j .'." \'1.," .:'1'''''' .' , , ",' <\ \ .. - - - July 22, 1986 County Manager tusk stated that he would recommend one mill because it would give the Board flexibility in making a decision, up to September, on whether to do th_ refunding for new money or to com- mit property tax for the new Courthouse. Commissioner Pistor stated that he has a lot of faith in the work done by the Infrastructure Committee, they spent a lot of time and have come up with many ideas on this and have given the Board a policy to set thct looks like the Board will be accomplishing what should have been accomplished over the past six years. Comaissioner Voss aove4, ..oon4e4 by Commissioner Goodnight, tbat the maxiaua tax aill~ge rate be set at 4.5293 mills County-wide. After a discussion on the rates, Commissioner Holland stated that he agrees that there is a need for a millage increase, but he would certainly like to see a detailed proposed expenditure for that money before passing final approval. Commissioner Pistor said that there are six'weeks before the final'meetings, and in that time the staff can put' th~t together. ':¡ ~"T ,¡" I "'. r;' UpòD~·c.l1 for the qu..tiÒD~ S tlie'ïlÌotioD carried unanimously. ~':'M~~-Zalkatasked if the ~~~t~oj ih~ miilage rates will be as . shown in the Budget? Commissioner Pistor asked for a motion on the rest of the millage .. I ;' '.~ _ f tates' fðr' the urllncorporated' aréàs, ""the 'èòad districts, and thE.' I.; ; , MSTD's. Comaissioner Voss aove4,.se~o~ded:by Commissioner Has.. and aOOK 095 PAC£ 476 Page 57 --___'..~,,_''''"''"'_"_...~''''"'V,,''_~''''''.....~·, ',.' 095nr,t 4.77 ';;1J '., . ! " ,; .. July 22, 1986 carried unanimously, that the maximum millage rate be set on the special districts as outlined in the Budget details. Itell 133 STAn MID IURASTRt1CT11U COMMITTB. TO PREPARE A PROPOSAL ON CAPITAL IMPROVZMBKTS FOR THE RBXT FIVE YZARS - APPROVED . Commissioner Goodnight stated that everyone appreciates the job that the Infrastructure Committee has done and moved that staff be directed to prepAre a proposal for the Board on all infrastructure that needs to be done in Collier County in the next five years, including prices, so the Board oanhold workshops in November or December so everyone knows What to expect for the next year, addinq that the Infrastructure Coamittee is to help the staff and Coamissioners in formulating a ~entative capital improvement plan. County Manager Lusk stated that the County consultant will be coming up with an infrastructure inventory"per State law require- ments, and the Board will be presented with that inventory and reco- mendations in November or December. Motion w.. .econded by Coamissioner Voss, and carried unanimously. It_ 134 JDŒRGDCY ORDInNCB 811-34 AUTHORIZING CAPITAL IMPROVEMENTS RBVENt1E BONDS - ADOPTBD Commissioner Pis tor asked Mr. Bill Johnson of Fischer Johnson, Inc. whether they have been able to come up with any tentative agreement assuring the County that if bonds are issued in the amount of $65 million, that it will be able to reinvest that amount at a sizable difference so that the arbitrage will cover all expeôses? Paye 58 - - - _'_''''~_'''''''''''M~'' """'<'"«""'".""_'..""'"'''''.''_...~_~ --"-'-"_'__'V J', ;.¡'; " -,._^""'...~~",. '"'~_''''' '.,... ""..<.., ;"'~M .. .. ·,..~_""·,,~u "' July 22, 1986 Mr. Johnson stated that what the Board does today will not commit it entirely, there will be a purchase contract submitted to the Board when the Underwriters are ready to purchase the bonds and the County ,,' will be informed on the investment contract and what the guarantee spread ill betwet'". what it ill paying, and what it ill getting on its investments. He added that, if in,fa~t, over the next three-year period this County enters into a program of financing certain projects through the issuance of bonds, it will be doing them on a project-by- project basis. After September 1st, or when the new tax bill has been signed into law by the President, he said, the County will not be abl. to erbitr898 any of the 1KIneY, .."en the reHrve account. He indicated that if the County is planning to finance certain projects with the issuance of bonds, then it will be beneficial to take full advantage of the arbitrages available until ~uch time as the September 1st date or the signing of the new law. Commissioner Pis tor asked if the County will be assured that the spread is sufficient so that County money will not be used for financing this bond issue? Mr. Johnson stated that he cannot tell 'what the draw-down schedule will be, but that the investment income is . cut down when the pool of money is used quickly. He indicated that if . these projects are completed in a normal course, there will be ample money to pay the cost of this program. Commissioner Pistor asked if this program does not support itself, where will the County look to to get the money that is needed? it.'.;· BOOK 095 P~CE 478' Page S9 i' ",S '-."'---."________.-_""..;O",._......,',,._'>..~. . 095'A~479 ~:t,rj~ Jt? July 22, 1986 Commissioner Voss stated that this contract does not cost anything, but it does have the possibility of saving a lot of money. County Manager Lusk said that there is a chance that it will cost something earned does not cover the cost of the bond issue. He this three-year period, and because of the money that it should pay for ~tself, but that is not Clerk Giles asked what is being projected as interest earnings versus how much this is going to exceed the cost of issuance? Mr. Johnson answered that it has been estimated that this program will be on a cost-free basis for a year and a half, and anything beyond that is more money than what the costs are, which tends to continue to reduce the òverall cost of the program. County Manager Lusk stated that at this time this will not affect .', the County's rates, and the rates will be affected at the time of draw-down. . I~ . ,Commissioner Hasse asked if it is feasible to get the projects done in three year8? Mr. LU8k answered "officially, Yes." Commissioner Pistor stated that they just have to be commenced. Clerk Giles stated that one'thing that the Board has to be aware of is what expenses are to be paid now if the $65 million is issued and what expenses are paid later when drawn-down is done on a per- manent basis for construction. ,Mr. Johnson stated that some of the expenses will come at the initi,l 1ssûing; for example, counsel , f., } ljage 60 - -. .. .. July 22, 1986 " expenses as well the financial advisors' fee. He said there will be a marketing expense to market thetlxed bonds. He noted that they have estimated that by doing the program, the reserve account will allow ... fund8 to be earned throughout the life of the program and that is worth about $7 million. Clerk Oile8 asked if the investment contract was bid or nego- tiated? Mr. Johnson answered that it will be bid. Clerk Giles asked if there was som~thing built in where the debt becomes fixed at a cer- tain point? Mr. Johnson said that is a legal question and Mr. Giblin would be the one to answer it. 'ape 111 After further di.cussion, Mr. Johnson stated that at the end of the three years, a greater interest cannot be earned on the investment than what is being paid on the bonds, and at. that point it becomes a loss, but the money can be kept intact until such time as projects are started. Commissioner Holland asked if the County were to go for $65 million in the bond pool at 6', and a year later it was 5', what can be done at that time? Mr. Johnson answered that the plan is that when 'the money is first borrowed it will stay in a variable interest rate which means it will flow with whatever interest rates are doing and ~ the investment being made will also flow with whatever the rates are doing. County Attorney Cuylar stated that the staff is requesting that the Board consider the emergency ordinance. BOOK 095 PAGE 4.80 Pl\ge 61 "'-~,,,,,- 1I~"'_'._,." ··......"'_·,_""'·u·...""".....,,,'..-...,,,...,_""'·_.,.n ,J ( .~, ¡;; 095 n<;1481 I " July 22, 1986 Comaissioner Voss stated that the County has an opportunity prior to the effective date of certain announced revisions to the Internal Revenue Code of 1954, as amended, to issue bonds pursuant to an ordi- nance of this type, issuance will result in significant economic bene- fits to the County and to the D1strict; the County has reason to believe that publication of the title of this Ordinance pursuant to . Sections 125.66 ~ill likely result in a loss of such economic bene- fits, therefore, he moved, .econded ~y Commi..ioner GOodniqht and carried unanimously, that the County deolare that an emerqenoy exists. Commissioner Voss moved, seconded by Commissioner GOOdniqht, that the Ordinance authorisinq capital Improvement Revenue Bonds be approved. Commissioner Holland ,asked if this action today would authorize Fischer Johnson, Inc. to obtain figures and bring them back to the Board for final approval? Commissioner Pistor answered affir- matively. County Attorney Cuyler stated that at this point the Board is authorizing future action because there are other approvals that are necessary. Commissioner Pistor stated that Fischer Johnson, Inc., will come back to the Board with the contract showing the spread before the Board approves it. I:" Upon call for the question, the motion carried unanimously that the ..erqenoy Ordinance as numbered and entitled below be adopted and entered in Ordinanoe Book Ro. 241 ORDINANClI 16-36 AN BHBRGDCY ORDINANCB' AUTHORIZING THE COLLIER COtmTy CAPITAL IMPROVEMENT PROGRAM, AUTHORIZING ISSUANCB OF CAPITAL IMPROVEMENT REVENUB BI')NDS OJ' THB COUNTY '1'0 FUND paqe U .. .. .. .. ..~...., - '~;""""~ ......--........... \ " July 22, 1986 '1'KZ COST OF SUCH PROGRAM, AUTHORIZING '1'RE un OF A PORTIO. OF TRI PROCEBDS OF SUCH BONDS BY THE COUNTY WATER 8BWBR DISTRICT' AUTHORIZING THE INVESTMENT OF BOND PROCBBDS IN VARIOUS SECURITIES' PROVIDING AN EFFECTIn DA'l'B. ..... RBCB88 AT 3:40 P.X. - RBCONVBNED AT 3:50 P.X. ***** lb. US PURCRASB OF BKZr ŒNCY AND TBLBKBTRY RADIOS FOR TRI 20'L-l HBLICOPTER _ »PROnl) Assistant County Manager Dorrill stated that this a recommendation to purchase emergency and telemetry radios for the new Long Ranger Helicopter that the Board authorized the staff to purchase in March, 1986. At that time, he added, it had been indicated that the helicopter was essentially complete and would come equipped with the necessary cargo hooks, duel stretchers and so forth, but there would be a need to install search lights and limited EMS equipment. At that time, he said, staff also felt that the eXisting emergency radios on the old Huey could be used on the new helicopter. He indicated that upon subsequent investigation, due to the size and the electrical requirments and their lack of FAA certification, the old radios are in no way acceptable for the new helicopter. He said that the radios requested would include the County's emergency control channel which is the frequency that essentiallt all 911 non-law enforcement services are dispatched from. Also included in this, he noted, are the medical telemetry frequencies which are .the state-wide telemetry radios that are used in hospitals to allow the paramedics to talk to the physi- cians in the emergency room. .' iI, BOOK 095 PAGt 482 Page 63 ..··".···,··".'"'··..·_0_.""" 095f~~t483 t· . , j:, t 1.,'; i... July 22, 1986 Mr. Dorrill stated that on May 1st a budget amendment was processed that took $30,000 from the current year's operating budget and sent it to reserve, and, upon further Investigation staff has indicated that funds remain in this year's helicopter budget, not including the $30,000, that wilt cover this unanticipated expense. The total expen_ð for two radios, he ad1ed, is ,$12,988, with all the frequencies that were mentioned' $2,362 for an intercom connection for the rear ,seats and installation expense of $850, totaling $16,200. He said that during the Board's vacation, staff went ahead with some of the work, but deferred action in this amount because they felt the Board should be advised of this. He said that the recommendation is for approval of the purchase of ,the two radios and intercom system ,from Petroleum Helicopters, Inc. located in Lafayette, LA. Commissioner Pistor asked if the old Huey radios can be sold, since they cannot be used? Mr. Dorrill answered that they tried to persuade Petroleum Helicopters to take the radios as a trade, and the initial indication was no, but he is sure somebody can use them. comaissioner Voss moved, seconded by Commissioner Ha..e and carried unanimously, that statt,is authorized to proceed with the purchase ot the radio equipment for the 206L-l Helicopter as outlined. I n..." STAFF AUTHORIZBD TO PROCEBD WITH PRELIMINARY DESIGN, CONSTRUCTION DOCUMENTS AND BInnING TO IMPLBMENT PHASED BIXB PATH CONSTRUCTION PROGRAM - APPROVED Ms. Jane Fitzpatrick, Budge~ Analyst, stated that for a number of years the County has had a bike path progrðm to construct bike paths " , ~ i.,~: " f,ti.'; : ~,' Page 64 - - .. ~---~ " July 22, 1986 in and around schools. She indicated that during the Budget process for the current fiscal year, money for this project had been deferred due to limited funds associated with the start-up of the new capital improvement funds; however, with the new school construction in progress and with the associated bicycle safety request, $250,000 is included in the t986-87 tentative budget to implement Phase II of the Bike Path Construction Program. She noted that the agenda packet includes a list of bike path requests which are not prioritized, but could be completed in the next year. She indicated that the Engineering Department will do the initial design work and write specifications for the project. She concluded by saying that the request at this time is that the staff be authorized to begin the pre- liminary work in order to implement the bidding process by the beginning of the next fiscal year. Commissioner Pis tor requested that the Board be given the costs on the listed items that presently do not have an amount so that con- sideration can be given to them. Commis.ioner Basse moved, '.econded by Commissioner Bolland and carried unanimouely, tbat staff recommendation be acoepted to imple- ment tbe pbased Bike Patb Construotion proqram, witb prices. It.. 137 ,~, :':..' L!.; ",'J , ,." ·'t ~GRBJIHJDf't 1tt'l'B FISCHBR JOHNSON, INC. RB VARIABLB RAT. CAPITAL IMPROVBMBNT FUND - APPROVED (, ,Assistant County Manager porr,i.ll stated that this is the typical ~greement that the County has had with Fischer Johnson, Inc. for a 8DDK 095 PACt 484 Page 65 .' 095 PACE 485 '¡ ("') '¡~ JtE" '~(i t July 22, 1986 number of yearS1 there is schedule of recognized fees contained in it, adding that the fee is .90 cents per thousand for bonds sold under this program. He indicated that staff recommendation is for the Chairman to be authorized to execute the contract for financial advi- eor services. ]; COmlliiseioner Voss aoved, seconded by Commissioner Holland and '... . :1 ' oarried unanimouely, that the Chairman ~e authorized to execute the oontract between the Board of County Commis.ioners and Fischer JOhnson, Ina. reqardin9 Variable Rate Capital Improve.ent Fund. :.;,. " .'. J, ~: i .. . ~.' f1 . ,;"- ~' ~ fl.' f¡ , . " ;1<':1" -t ~(",J! . ¿;,:, ". " .' . . .. -.?-: r'" , , 'r'- ;-.' t \';'1:;. . ( ":,' . ',: j " -( r- ~ I ~ . ,.,,';' ';"''> ' Page 66 , - - - "'=----<.'..~""'-~,..".=...,,,,,.,-"..,,-,~«,,...._.,,..,,,. -""""''''''~''''.''''''''''''''''''-''''-'''''''''''' .. ~~'-""-"'--"""""';-"""-"""'-~"="""-'''''''"''''';''-' ;'!.;'; 'i \~ t J:, "\ ,j .00« 095~AC£491 July 22, 1986 It. 131 ROOTINB BILLS - APPROVED FOR PAYM!:N'1' Pursuant to Resolution 8l-l50 the fOllowing checks were issued from June 17, 1986 through Friday, July l8, 1986, in payment of routine bills: CHECK DESCRIPTION CHEclt NOS. "144710 - 146158 031091 - 032385 AMOUNT $8,073,773.91 $ 557,196.81 Vendors BCC Payroll Ite. 131 BODGB'l' ~8 - ADOP'nD . , Comaissioner Goodnight aoved, seconded by Commissioner Voss and carried unaniaously, that Budget Alliendllienta 11-315/311, 81-318/322, 81-324/332, 81-334/341, 81-348/341, 81-352/357, 81-359/~IO be adopted. It.. 140 EXPBNDITURB OF '1,000 FOR FULL PAGE AD RB COLLIBR COUNTY IN DECEMBBR ISSUE OF PACZ MAGAZIN! - APPROVED Commissioner Pis tor stated the Economic Development Council has been workin? with PACE Maguine"and its publishers regardir.q an article on Collier County as a ~ourist destination. He indicated that PACE is the publication which Piedmont Airlines places in their' aircrafts, ticket counters and offices, and they want to feature Collier County in their December issué. Commissioner Pistor indicated that he recently attended a meeting iA which they explained the,bene- " . fits that could be accomplishe~ for the County by running'thls special ( ¡ ~ "'. ~. ' ,.' :'~ t) I" ," J ~,'...) J" '.",".( '..·ì,· " Page 67 ¡ ¡ . ! ; d r~: .. .. .. _....,··""_''''·~,_.'''~·'''N'''''',_".".,.'''..'''__..._''''' "'''....-;,-.-- ""'"' ........-'''''..--«,.,."., '~""~""""""""'-'''''''''''''''_-'",-"..."""-;.,.,.,.."...".......,._,,-.",^ I' \". , ~J<¡, . ~b"·' ;I'~"~·:~'::'·'· .f.'~'.: .. ~ . "',", ~ \- ........ ';',,~,d~,,'Þ , :.ij'l~ ~"':¡/'.' July 22, 1986 .ection which will be a hundred pages, adding that this kind ot coverage has proven successful for other localities such as C; .f} Winston-Salem, North Carolina. Commissioner Voss and Commissioner Holland concurred that it is a worthwhile effort and the benefits would outweigh the cost. Comaiss!oner Voss aoved, seoonded by Commissioner Holland and carried UDaniaously, that the expenditure of $',000 for a full page a4 in the Deoember issue of PACE Hagaaine be approved. Itea '41 AD HOC COMKIT'l'BE APPOINTED '1'0 R.1!:VIBW, HAD UCOMK1!:NDATIONS AND UPORT '1'0 THE DCa RB OCCVPATIO~L LICENSE FEE SCHBDULB _ APPROVED Commissioner Pistor stated that the Chamber of Commerce has agreed that some revision is necessary to the Occupational License Fee Schedule, and Ms. Jane Fitzpatrick had suggested in corresponding with the Chamber of Commerce that a formal committee be appointed to make the review. He indicated that Mrs. Brenda Coker Wilson, past chairman of the Naples Chamber of Commerce, has submitted a list of people who can give good input on new fees to adopt. He said that at this point he would like the Board to approve the appointment of the committee ,r that has been suggested to review the Occupational License Fee :·}....t i.; :';.'; ;".,'¡; . ' . , .,:tf t,? !'"'.. ,fj11()f'q[". ,r!',:'1 !\~". Ms,' Fitzpatrick stated that there is a deadline of March 1987, and the reason is that the Tax Collector's office mails out the fees and '." , they have to be preprinted; the'impact is for fiscal year 1987-88, end . .. p ,;,"11 f " h BOO~ 095 PAG£ 492 Page 68 m···>,n_'_"_"""'~"""'''_'''''.4<'~'''~~'''~ \': ,.I < .,~ ';',:.':~~ ":;<l ,'~, ~i ·í '.:,::¡ J'~ "._-_.-,_...._....~.,.......,"_.,..,,'"_..,-'".'"_..'"'.,' 095 PAGt 493 , ." \'~ Odt! : ''v;) ..1 f ¡. July 22, 1986 mailings go out in August or September. cOllilliissioner Voss moved, .econded by Commissioner aoodniqht and oarried unanimously, that the Ad Hoo COllilliittee oonsi.tinq of Donald J. Garrett, Douqla. A. Rapp, Alan P. Hilfiker, Lloyd sua Pelde, Ed Verdesca and Jane Pitspatrick ba appointed to review, make recommen- dation. and report back to the Ðoard with respect to revision of the occupational License Pee Schedule. r' Commi.sioner Holland stated that more busine.s people should be -c: :? . . ¡'; ,~:-. ¡ r, i;,;~ , ;..; I J ásked to serve on the committee. Commissioner Pistor said that addi- tional name. can be .ubmitted and added at a future date. '/; ',~:-." n;! r ' >, It.. 142 'BZRIPP". DBPT. BXPBNDITtnUI OP CONFISCATIOH TROST J'tJNDS - APPROVED Deputy Chief Don Hunter, Sheriff'. Dept., stated that the requested expenditure of $lO,OOO will be used for extending the opera- ~ions of th..xisting Task Force ,that has been in operation since 1981 and is responsible for the operation of Everglades One & Two and for numerous other investigations that are currently on-going. He indi- ~ãted that'thëre is a balance 6r;b~~~ $650,000 in the Trust Fund, ,',', .':.-':'0' j. 1"" l~r~:I~!J~,,!"r ! ;! , I,: plus $l80,000 the Sheriff's Dept. should be receiving in connection ,.<.~.>. '.~\ ._~~~...--?"'~.-.. ,_,f ',' 'r'" with' the salè '~f an ocean":goi~g "Y~~ht that was also as a result of an investigation by the Task Force. . ..' commissioner Holland aoved, ..econded by Commissioner B.sse and oarried unanimously, that the r,quest ~or expenditure of oonfiscation of Tru.t Fund. be approved. :.. ~ ; ,< ):; Page - - July 22, 1986 ..... comaissioner Goodnigbt aoved, seoonded by commIssioner Voss and oarried unaniaously, that tbe following items be adopted and/or approved under tbe Consent Agendas .**.. ',.' It...n 10% SALARY INCRBASB FOR TKB BUILDINQ DIRBCTOR It.. fU 8~TISF~CTIO. OF LI~ RB WUISANCB ABATBHBNT ON RB~L PROPERTY O~ JOHN SHAPPELL LOCA'l'!:D O. MARCO BBACH, BLOCK 23, LOT 28 See Pa~ 1 ~J)OJf Ite. fn " ABNU~L CONTRIBUTIOX' CONTRACT NO. A3402E FOR 118 UNITS, WITH U.s. DEPT. OF BOUSIXQ I URBAN DBVBLOP. FOR SECTION 8, EXISTING RENTAL ASSISTANCB PROGRAM BXTENDED TO MARCH 30, 1991 See paguS05-5/0 It.. fU "SOLUTIO. "-122 RB IXCRlASID ADMIBISTRATIOX FE. FOR STREET LIGBTIXQ DISTRICTS .- _ From $54 annually to $lOO, and from $166 to $250 to create and¡ set up new lighting districts. ':, , .' ¡ ::,t .' sé. Pages : ..... : ¡ ,,1' r' 'j.! ..5 / /'} , ,I, I " ,I: ~ ~. , "I ' '" , .' It_fn .. :1-. ~ . nRRAJr1'Y DUD FOR SALK 07 OLD JAILHOUSB PROPER'l'Y IN BONDURANT SUBDIVISIOIf, IHMOnLD " staff directed ~ pro~eed Wn~,,~;,?per p~ocedures. ~"".L' ;.-;rt"·¡seepage L~-/:1 ~J'::r,¡·~~¡ç¡KE· !!~.;: ~..,;~ ~ :'.~/ ~t ~ :':'1'1':: 'id ;',>'d, -": -:JÎ;'. 1''':'''''''' ],~:~¡:;, 'i,_',:<~¡', ':'~ ite. 148 'J:'RABSPOR'1'ATIOB DEPT. '1'0 UNDERTAD IN'1'!RIM REPAIRS '1'0 UNIMPROVED, BXISTINQ IAST/WIS'1' ROAD ALONQ NORTH SECTION LINES OP SECTIONS 1 , 2 Amount not to exceed donations received from property owners and funds donated are to be deposited in Road & Bridge Fund to offset the appropriate expenditures for road maintenance. Page 70 BOOK 095PAC£494 I',', ,.~',:"! , æJ{.. 'rI, ,. fir~:~ "f'-',_ . :.~' . 4,. .. "".,--..""',..,"'...._.,.._.,...,-,~'"~"'.".,,"'''''._..^~~"''--.._"'._.. I ~~~~. ¡,~,' . ,~.' "...,,' . w~,' 1;.' .' ,..:,.' .~~.".")".,'^ ;¡;.! , ·f ' .."..' -'I.' ~ ~. I). , , O'}' J": .ì· ,. I. .~. ." 'i {; " July 22, 1986 0 '41 ,-,;; 1 APPROVAL 01' GOLDB GA'l'B CAlf.\L ACCESS RAMP EASEMEN'l' P~OJEC'l' Consisting of 4 canal easements to allow water management equip- ment to be launched for controlling weed growth. Staff directed to reoord doouments as they are executed. lb. ISO AGRJ:BMJlNT DBTWBBX DCC ~'CD I'RJ:DBRICK B. AND NORHA J. NOLAH, RB A~UIRIIfG A CAlfAL ACIt!SS u.MP EASBMENT RJ: '1'BB GOLDBK GATB CANAL ACCBSS RAMP BASEMENT PR03BC'l' . ';".! , See page-5'13 - .sIt. >': ... ~\ ... " ~~~ '51 RESOLUTION 8'-123 as EKDORBING FUTURJ: CANCELLATION OF DBLINQUENT AND CURRENT TAXES OK LANDS DONATBD FOR PUBLIC USB Staff authorized to conduct real estate closing without requesting payment for taxes on said lands. i'1:' J; ~~ :,: t ,See Page £/7-S/f' It_ 1S2 .1"., .;oþ '. QRAlf%, ~PLICA'1'IOX FOR COMMtJNITY SZRVICES '!'ROS':!! FONDa IN THB AMOUNT OF .',823.00'I'OR OaB IX OPBRA'1'ION 01' RJ:DLANDa CHRISTIAN MIGRANT DAY CARE CENTBR. See Page j{"¡q-I]':;''! It_ 153 RELBASB 01' a . 8B1rBR SYSTBM PBRFORMANCB BONDS POSTED BY DBVELOPBR OF RIVIERA GOu. SaTA'l'Ba ONI':!! I, PHASES II AND III Upon receipt of Developer's check for $16,700.00 as negotiated cash settlement regarding the substandard sewer slopes in the referenced projects See Pages ...!tdtf-S.;;,r¡: .',: )1 It.. 154 DODGE':!! AKBNDKBN'r8 ALLOWING INI'1'IAL PAYMENT 01' $2.' MILLION I'OR ACQUISITION OF BAS'1' NAPLBa WATER SYSTEMS, INC. Page 71 .. .. ~ -'---""""'~"''''''~''''''''''-''''''_'''''_'.~''' -....,. "_.'~~'___'C"__""""__ .".t," July 22, 1986 As per agreement of April 22, 1986. , . OOUNTY KAHAGIR'S RlPORT OK ITEMS APPROVED DURING BOARD'S VACATION See Pages S.3ð ....s?t. Ite. 15' CONTRAC'l't1RAL AGUBMBN'l' BETWBD STATE OF :FLORIDA AND COLLIBR COUNTy" SELECTBD AS OPTIOK ~o MEET REQUIREMENTS 01' CHAPTER 'G-13, FOR COLLIER COUNTy '1'0 RBMAIN ZLIGIBLI FOR FEDERAL DISASTER ASSISTANCE " Ite. 157 IUDaZT AMBNDKBNT 4'0 FOR INCRBASZD AMBULANCE USER FEB REVENUES COLLBCTED IK CURJUnCT FISCAL YEAR Applying a portion of those te~enües to inoreased operational costs. ":" "';q ¿r::"p:," It_ 151 . j 'L.'tL;~:; r~'" : f, CBR'l'IFICATEI !'OR OOUBCTIOK '1'0 '1'1.% ROLL r,1983; 386/387 ~:. i. ">;">'i~~J~"'_:! i'1 ';' ,. ~ ," J ",,1984 6/30/86 244/246 J ¡. :,,;..~ . ~.~ ¡ , ,. :~ v'" ,~.. ..,' ; 6/24/86-6/30/86 ", 1985 "í ¡.,(;¡ !i.f.:1,:/t...'::'. 200/204 , 206., ~r,)I' ('¡'j' 6/l0/86-7/1/86 t ',.:' < ~ ' , ~ ..., (~ J ... . ".; 1985 TANGIBLE PERSONAL PROPERTY ~"; :~, . r· . , J ¡., ,I ,190 ,L~', L"., '~~lo,Cd. " ::1' I ~j.¡,~'; ~_ 6/20/86 . ;r."-'- : \ ': ifïaçi"'rriii: i:ói.1i ·ëO!l't$I·ri~..·¡ ;>;àì:i(Gi*~j;t t~~ 6....'iib\Õ¡'fi¡iÜ;b ii;o'- ., .. 205 7/1/86 :. (.'0 ",',. ,. ,... ,,)., .rru GAB '1'IXJI !'OR IJIXA'1'1!I "OS. 23050 AND 3U04 1f',LI .~o BOOK 095 PAGE 496 Page , , ~ ~ ! ....' ~,·.".""'C"-"""·'"'''''__''·'·__'.'''''''_'''''''''''''''>_"C''''_~.'''''......,I<,.$,~.., .""..,< . ,.,.,.....~.'".~..;"-.-,......,,,'-,--,,_...-...~'""--_._-- 095,act497 {,,)) '1'\1 July ~2, 1986 DOPLICATB TAX CBR'1'UICATB ,IfO. 20 '1'0 JAMBS M. MONOHAM BECAUS! 0.. LOSS ~ .. ,t See Page ..5f? 7' KI8CBLLANBOU8 CORRB8PONDBlfCB - FILED AND/OR REFERRBD There being no objection, the Chair directed that the following correspondence be filed and/or referred'to the various departments as indicated below~ ' L Memoranchm No. 86-137 dated 6/16/86 from A. J. McMullian III, State Re~irement Director, Dept. of Administration, re re-employment after Retirement. Referred to Personnel, Payroll and filed. 2. Public Notice dated 6/26/86, Department of the Army, stating that Permit Application No. 861PT-20328, has been received from Applicant: Westinghouse Communities of Naples, Inc. to place approx. 100,000 cubic yards of sand from an upland source on 13.4+ acres o~ coastal mangrove wetlands. Referred to Tom Kuck, Kevin O'Donnell and filed 3. Voluntary Dismissal with Prejudice received 6/12/86, Circuit Court-Civil Action, re Case No. 86-033l-CA-Ol, James Douglas, Plaintiff vs. Collier County, Florida, and Insurance Company of North America, Defendants, and Case No. 86-0330-CA-Ol, Robert L. Sandidge and Susan D. Sandidge, Plaintiffs vs. Collier County, Florida and Insurance Company of North America, Defendants. Referred to Ken Cuyler, Sherry Rynders and filed. 4. Letter dated 3/12/86 from Tom Lewis, AIA, Architect, Dept. of Community Affairs, stating that the 1985 State Legislature made an initial appropriation of $2.31 million to assist local governments in revising' their comp plans to comply with requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, and enclosing procedures for allocation, disbursement and general administration of funds as outlined in Rule 9J-10, FL Admin. Code. Referred to Pam Brangaccio, Vickie Mullins and filed. S. Letter dated 6/l7/86 from James F. Murley, Director, Dept. of Community Affairs, to Commissioner Pistor acknowledging letter of 4/23/86 re changing the boundarIes of the Big Cypress Area of Critical State Concern. Referred to BCC, Pam Brangaccio, Vickie Mullins, Dr. Proffitt and filed. . .. - - July 22, 1986 6. Memorandum dated 6/23/86 from Tom Lewis, Jr., Dept. of Community Affairs, re public hearing on Florida's Propos~~ Final Statement of Objectives and Certificatioils for the Allocation of Small Cities £DBG ,program Funds in the Non- entitlement Portions of the State for Federal Fiscal Year 1986, to be held July 8 and 14, 1986. Referred to Pam Brangaccio, Vickie Mullins and filed. 7. Letter dated 6/20/86 from Gordon J. Guthrie, Director, Dept. of Community Affairs, informing of the recent adoption of DCA Post-Disaster Redevelopment Rule, Chapter 9G-13, FL Admin. Code, with an effective date of April 23, 1986, and enclosing same. Referred to Neil Dorril1, Pam Brangaccio, Vickie Mullins a,.d filed. 8. Letter da~ed 6/24/86 from Tom Lewis, Jr., AIA, Architect, Dept. of Community Affairs, announcing the creation of the FL Affordable Housing Act of 1986, effective July 1, 1986, and enclosing legislation. Anyone interested should submit let- ters of interest no later than 5:00 p.m. on Friday, July 18, 1986. Referred to Pam Brangaccio, Vickie Mullins and filed. 9. Request for Payment received 6/30/86, Originating Division: Housing & Community Development, FID: 2-l09002-05114l. Referred to Vickie Mullins, Sharon Thrushman and filed. lO. Memorandum dated 6/23/86 from Don DeLaney, Section Administrator, Dept. of Community Affairs, regarding Enterprise Zones: 1986 Legislative Changes. Referred to Pam Brangaccio, Vickie Mullins and filed. ll. Letter dated 6/11/86 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short f.em application (File No. 111204885) which involves dredge and fill activities. (Woodlake South Mobile Home S.D) Referred to Vickie Mullins, Dr. proffitt and filed. 12. Letter dated 6/11/86 from Gail M. Sloane, Environmental Specialist, DER, advising of meeting to be held 6/19/86 at the Conservancy regarding future seismic proposals in Collier County. Referred to Neil Dorril1, Tom Kuck, Vickie Mullins, Dr. Proffitt and filed. l3. Letter dated 6/26/86 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short form application (File No. 111213075 and lll2l5515), which involves dredge and fill activities. Referred to Vickie Mullins, Dr. Proffitt and filed. . 1 i ~ ~ . .~. :, , BOOK 095 p~r,r -198 Page 74 i'j i ,I· .... ': '. ' ¡',l, ;~...:..... .~ ··'d' 0951'Alir 499 July 22, 1.986 14. ~ ~ 1 Received 6/12/86 Final Order for Administratively approved permit for construction approximately 550 ft. north of tho DNR reference monument R-l48, (seaward terminus of Swallow Lane, Marco Island). Referred to Neil Dorrill, Tom Kuck and filed. 15. Letter dated 6/11/86 from Riley Kinney, Accounting Services Supervisor, DNR, enclosing an Affidavit for Duplicate Warrant to be issued. Referred to Neil Dorrill, Tom Kuck, Bob Fahey and filed. Received 6/2/86 Notice qf proposed Rulemaking for Permit Applica' ion Requirements and Procedures, Permit Fees, Permit conditions, and Time Limits on Permits, DNR. Referred to Kon Cuyler, Pam Brangaccio, Vickie ~ullins, Dr. Proffitt and filed. 16. 17. Letter dated 3/31/86 fròm Elton J. Gissendanner, Executive Director, DNR, regarding projects under consideration for State acquisition under the Save O~r Coast Land Acquisition Program. Referred to Pam Brangaccl0, Vickie Mullins, Dr. Proffitt and filed. Memorandum dated 6/17/86 from B. J. White, Assistant Bureau Chief, DNR, regarding State Recreation end Parks Land Acquisition Program Save Our Coast Portion, and attaching list of the thirteen projects the Committee has voted for further assessment. Referred to Pam Brangaccio, Pat Carroll and filed. Letter 6/26/86 from Brett D. Moore, Engineer, DNR, approving Permit No. DBS 86-145, permittee Name: John H. and Rhodora Donohue, for construction seaward of the mean high water line pursuant to Section l6l.04l, FL Stat. Referred to Vickie Mullins, Dr. Proffitt and filed. Received 7/3/86 notice of statewide workshops on rulemaking that will affect Chapter l6Q-21, FL Admin. Code, Sovereignty Submerged Lands Management to be held July 15, l6 and l7. Referred to Pam Brangaccio, Vickie Mullins and filed. Memorandum dated 6/17/86 to Doug Greenfield, EMS Director, from Ron Cook, CPA, Finance, regarding EMS Financial Statements for the period ended May 31, 1986. Referred to BCC, Lori Zalka and filed. Memorandum dated 6/l8/8~ to Ken Pineau, Fleet Management Director, from Ron Cook, CPA, Finance, regarding Fleet Management/M~tor Pool Financial Statements for the period ended May 3l, 1986. Referred-to BCC, Lori Zalka and filed. I l8. 19. 20. 21. 22. Page 75 - - .. ~ ;-' ~ " 1ri.' , ¡'~;::~ (' ' 'It:' .. ,.~'. .',i~ . '!""';"" " "(". ~. c,.i~~- ; ....::: :,' 'fl";"'" , - ..~~;: ': .- :.¡~r' ',.' " ,),~'-- , ,r: July 22, 1986 Memorandum dated 6/17/86 to Robert Fahey, Solid Waste Director, from Ron Cook, CPA, Finance, regarding Solid Waste Disposal Financial Statements for the period ended May 31, 1986. Referred to BCC, Lori Zalka and filed. 24. Memorandum 6/23/86 to Thomas T. Crandall, Utilities Administrator, from James C. ailes, Clerk of Courts, attaching memo from County Attorney, requesting Utilities Division pay to the General Fund the estimated 1985-86 expense for legal services. Referred to BCC and filed. 25. Memorandl1m dated 6/24/86 to Thomas Crandall, Utilities Director. from Ron Cook, CPA, Finance, regarding Goodland Water Di&trict Financial Statements for the period ended May 3l, 1986. Referred to BCC and filed. 26. Memorandum 6/24/86 to Thomas Crandall, Utilities Director, from Ron Cook, CPA, Finance, regarding County Water-Sewer District Financial Statements for the period ended May 3l, 1986. Referred to BCC and filed. 27. Memorandum to Thomas Crandall, Utilities Director, from Ron Cook, CPA, Finance, regarding Marco Water and Sewer District Financial Statements for the period ended May 31, 1986. Filed. 28. Memorandum dated 6/11/86 from Stan Tait, Exec. Director, FL Shore & Beach Preservation Assoc., Inc., regarding Beach Erosion Control Funding and Legislation, and attaching list of projects involved. Referred to Vickie Mullins, Dr. Proffitt and filed. 29. Letter dated 6/11/86 to Sheriff Rogers, from William A. Viscomi, of Gallagher, Sharp, Fulton & Norman, making demand on the Sheriff's Dept. to defend and indemnify Commissioner Pistor regarding Jimmy D. Gibson, et al, vs. Collier County, FL, et al., Case No. C85-463, File No. 777A-85870. Referred to Ken Cuyler and filed.. 30. Letter dated 6/18/86 from Jane Polkowski, M.D., Public Health Unit Director, HRS, regarding CPHU Quarterly Report, and attaching report for the second quarter of operations in the 1985-86 Contract Year. Referred to Lori Zalka and filed. 31. Letter dated 6/5/86 from Lloyd Harger, Insurance Specialist, Dept. of Insurance, attaching claimants Karla Ann Heine and Susan Kurke Heine, arising out of injuries sustained at the intersection of Golden Gate Parkway and Goodlette Road on 12/12/84. Referred to Ken Cuyler, Sherry Rynders and filed. am 095 PAGr 500 Page 76 (¡d~,) . ;:'iJj '. _·"'_'''''_·''~''''''~I··;'·'iO_,".",,·'_'_·''''_·-';'''''"___'·'''·.-".. ~.,. <, .;,'. . " """'-'-~'" '""----,----~,-- ·. (\'~', i. , \ ' ; ..' . July 22, 1986 I~:": );:' , . :'~'J - }. ",..~. ... . I'·~':':~,':J·:).,'""", . ~X: " ~f', ·,~t· .;,,' , ""; fi;. it ti: ~/'!,',' ".~" 'i J.r" ill:': '$c'" . .~.. ~"., j1.;. 32. Letter dated 6/l8/86 from Bill Gunter, Insurance Commissioner, Dept. of Insurance, attaching claim regarding Edward J. Medovich. Referred to Sherry Rynders, Ken Cuyler and filed. 33. Notice to Owner/Preliminary Notice to Contractor & Surety dated 6/10/86 from Jennings.Architectural Hardware, Inc., to furnish material for Collier County Racquet Center and Field Control Center in Golden Gate and North Naples, under an order given by Bunn Construction, Inc. Referred to Neil Dorrill, Skip Ca~~ and filed. 34. Memorandum dated 6/30/86 from Herbert G. Parker, Chief, Dept. of Labor and Employment Securit~, regarding Victim Assistance Gra~ts under the Victims of Crime Act of 1984. Referred to Jame3 C. Giles and file~. 35. Minutesl A. CCPC 6/5/86 and Agenda for 6/19/86 B. Collier Soil & Water Conservation Dist., 5/22/86 C. Parks & Rec., 5/15/86 and Agenda for 6/6/86 D. TDC 6/12/86 E. Library Advisory Board, 5/22/86 F. Golden Gate Community Center, 4/29/86 G. City of Naples, 5/21/86 H. CDBG Citizens Advi~ory Task Force, 6/5/86 36. 6/28/86 Contractors' Notice, Inc., Francine Wilenius, Agent for Naples Lumber & Supply Co., Inc., to Bunn Construction and Collier County BCC, informing that lumber and various building materials for the improvement of Golden Gate Park and North Naples Community Park, under an order given by Bunn Construction. Referred to Kevin O'Donnell, Tim Vanatta and filed. 37. Letter dated 6/19/86 from George Mathers, McQuay, Inc., informing of materials, labor and/or services for air con- ditioning equipment being furnished to Collier County Government Complex. Eeferre4 to Neil Dorrill, Tom Kuck, Skip Camp and filed. 38. ; í'· r Notice to Owner dated 6/30/86 from CES Industries, Inc., D/B/A Consl. Electric Supply, informing of misc. electrical supplies and equipment being furnished for Collier County Government Center. Referred to Neil Dorrill, Skip Camp and filed. I ' -:.... ; ,,< . ", f' ,.~ :~ , \"J . ~ '" l :j': ! ' Page 77 .. .. ",.,--"'·«"-",',.......~-""";""".,,I.."""~'.-..-""---·_.~···,"-··~ . "_..,"......"..._,, ·.".·""'i",..",,_,~·""~,-·a""'"_'''"'~·'-'H~·''' .. July 22, 1~86 39. Public Service Commission, 6/9/86 Docket No. 8S0l55-WS-A, Order No. l6224, Issued 6/9/86 regarding limited proceedi"g to Allow Recovery of Regulatory Assessment Fees in Collier County, FL. Referred to Bruce Anderson, Neil Dorrill, Tom Crandall, BCC and filed. . 40. 6/26/86 Order Granting Certificates Conditionally and Approving Present Rates regarding Application of Quail Creek Utility Company, Inc. for grandfather certificates to operate water and sewer utility in Collier County: Docket No. 860046-\3, Order No. 16270, Issued 6/23/86. Referred to Bruce Anderson, Neil Dorrill, Tom Crandall and filed. 41. Copy of letter dated 7/3/86 to Sam J. Colding, Property Appraiser, from Lynn S. Bramlett, Budget Specialist, Dept. of Revenue, acknowledging receipt of letter requesting appro- val to include certain items in the Property Appraiser's 1986-87 Budget. Referred to Lori Zalka and filed. 42. ,Copy of letter dated 7/8/86 to Sam J. COlding Property ,...,,,. Appraiser, from William F. Zuna, Director, Division of "... Ad Valorem Tax, Dept. of Revenue, advising of amendments and ~~ ,:'. changea to the requested budget request for the per iod 10/l/86 I:. through 9/30/86. Referred to Lori Zalka and filed. ~~ 43. Hemorandúm dated 4/30/86 from Harvey, Amster, Robin's Building - Enterprises, notifying of new mailing address, effective April \~, 25, 1986. Referred to Tax Collector, Property Appraiser and ,-...\~~_.'...fil~d... " '. .' -"'\:--:)1 \~#.. .'.~: '...~ .....¿ ~_.... .....- ''\ ro' ,.. ,.. +'..- , \,>;. 4~"":' Memorandum dated 6/lì/S6·to IAll Interested Persons, from D. R. ':~;" ' "..Buddy" Dewar, Director, State Fire Marshal, regarding Florida ~f"', Fire Safety Board Meeting. Referred to Joe Magr i, Dave ,)r' Davenport and filed. 45. Letter dated 6/9/86 from Wayne Daltry, Executive Director, SWFRPC, regarding the Woodlands application for development approval, DRI '3-8485-53. Referred to Pam Brangaccio and filed. · . " ~ ~ ; ;,~ " :. ~iV ;;.~..,' t". ,,' ;', ~I 'I" ì I [' : BOOK 095 PAGE 502 Page 78 i" I"; ; IJ ·,1 .1' : ~,f _ 1;, . "~._-",-,,,-,",,~,,,,~,,,~,,,,-~~-'''''.- ..·.c·· j", . ' ¡, July 22, \9f'6 There being no further business'!or the Good of the County, the . lI\8etin; was adjourned at 4:20 P.M. by Order of the Chair. '!,' ~. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL f ,\. ., the Board on ~./,J; 4P or as " ;'.': ',',' ~ . - . ~:\ .: ' ¡. ) ~,.~ è'· :¡ .....hi ~ f(: LCf,! "" " .~ . i"- ,\'~:; " '- ~ 'l<-'l·; , , , ~ ~ i ; f . ' , , :,'; (" ; : '. ~..- f ;~ f'\';j,,-- (¡,~ 1.. 'j '. nï; -'" .\ Vf.~::J.:' : ..:J' \' ';,'H, \. ',. r.t , ~ : . .: ~ :,1../1 . ~ ,,' ~ i':t f.'U"':-~ C":;';~Hf'\\ !. VI ;r..'>\ 1<;·:, .; , ;;J:J'r, "f' '. ¡h,.,.. C í ;¡..; r.: ! Page 79 ..' .. .. -"'..",.....,,',...~,...;""',."',¡,..-_........_-,....,,~ . "" ,. .~-' ...,....."""",,_'·,.."..111·._...· M.."·..............._,_'"_·......'_",,·,""··,,·""'''''·'''....·~''"''~·""'·'··.-·,",,~.,. ,.'"",,., ...- '\ --,-,..._~.~-----...,