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BCC Minutes 02/04/1986 R - .. .. '; Naples, Florivn, Fehrunry 4, 1~P.6 LET IT 11f. fl':::~n1ßf.pr.D, that the Board of County COI'1missioners in anr! for th", County of Colli'.'r and also actinq as the I)oðrd of Zoning ^prc~l;, ~n~ as t~e governing hoard(s) of such s~p.cil]l districts ðS hðve bccn cr0~t~? ~ccnr~ina to law ðnr! havinq con~ucted busin'.'~s herein, met on t:.is ,]"te ~t '1:M) !>,.". in REGULAR SESSION in ~uildinq "¡:'" of the Courtno1lsc Connl"x, Fast N.)pl~s, Floriò"l, with tl"1 follo'~ing I11P1I'bers rrcscnt: CHl\I P...a,N I Jo11n A. pistor VICr: CHAIRMM1: "nne Coodniqht Frederick J. Voss !fax Hasse C. C. "Red" Holland ,~ AL~O PRESENT: J~1I'CS C. Giles, Fiscal Officer: Maureen Kenyon, Deputy Cler":: ~urt !';a'Jnr!ers, County Attorney: I:'on Lusk, County !-!anager: Neil Dorrill, Assistant County Manð~er: Pðm Brangðccio, Deputy Assifltant County r'an'lol.'r: vi('1<i~ Mullins, Community Develop1l'~nt Adrinistri\tor: ravid P".ttrow, ZoninC¡/Planninq Director: 1\:10 Mcl(im Planner: Tom Crandall, rrtilitics Jldministrðtor: ':'om KUCK, Public \'/orks Añ~inistrator: TOM Olliff, Fleet Hðnaaø.M'.'nt rirp.ctor: Sherry Rynders, ris~ ~an~:".~ent rirector; TiM Van'ltta, Par~s ~ pecreation Director; Nancy Israelson, 1\'!r1Ínistrative Assistant to thg "oard: and I:'eputy Chief Pay Barnett, Sheriff's DepartMent. aoo( 092 PAGE 97 .~,--,-,--.,,-. -_._"......_,,,"..._~._.. .-"'- - .. - " ~ '. " {~ Pp.hru~rv 4, Inp6 Tape n . Item n AGEtWA - APPROVED WITH THE FOLLOWING CHANGES Commissioner Voss lIIoved, secondeð by Commissioner Hasse anð carried un~nimously, that the agenda be approveð with the following change: iJ. He", ':'CI continu'?t'! to Y.l'lrch 4, 1~"!6. Item 12 EMPLOYEE SERVICE AWARDS PRESENTED co~nissioner pistor presented p.mployee øervice ~warðs to the f0)}owin~ eMploy~^~: PiJtsy FiJrley - ~ihr~ry Edwar<1 ~'as(!ler - I\nir:u!ll Control Inocencio Flores - noa~ , Bridge 5 years 5 y"~r. 5 years Iten .3 "ROCLAMATION DESIGNATING ~EB. 27, 1986, AS "GENE SARAZEN DAY"- ADOPTED. Upon reading of the proclamation, Commissioner Pistor moved, seconded by Commissioner Hasse and carried unanimously, that the proclamation designating February 27, 1986, as " Gene Sarazen Day" be adopted. <, , ' ., ,~~~ . 'it: ~ _...~ ~,~) '''.;1 ¡ , "1' . , ,.}:-¡.'" ~~ f·,ff r ,_ ~ aoo~ 092 P£'-r 105 Pa'1e 2 ~I . Ii: - - - , ' February 4, J9A~ Itell '4 PR~LAMATION DESIGNATING THE MONTH OF FEBRUARY AS -FREEDOM FROM SMOKING MONTH" - ADOPTED Upon reading of the proclamation, COmllissioner Vo.s moved, seconded by Commissioner Goodnight and carried unanimously, that the proclamation designating the Month of February as -Freedom froll Smoking Month" be adopted. " F "I..C . . .' .i: aODK 092 p~r11U7 Paqe 1 / - - .. February 4, 19P.~ Item .5 OR~INANCE 86-6 RE PETITION R-85-25C, DONALD A. PICKWORTH, REPRESENTING WjLLIAM GALLMAN RE REZONING TO PUD FOR BILL GALLMAN OLDSMOBILE DGALERSHIP FOR PROPERTY WEST OF THE INTERSECTION OF RADIO RD. AND DAVIS BLVD. - ADOPTED SUBJECT TO STIPULATIONS L,,01l notic·> havina h..~n puh1iahl!rl in thl! Naples I'i\ily ¡:ews on ,),1nUÙry 3, 1911(', "9 ~vir~C'1c~r1 by I\ffi~ðvit of Public...tion filer! with the Cl'!r':, puhlic hf'''rinq was opener] to conRiðer l'etiti0n !,-Qr;-25C, f i l('rJ hy ronill~ ". f'id:worth, representing ITilli",m Gallmi'ln,I requesting rC7,,,nin'J fro" C-4 to !'t1/" know" ilß "ill ~nll"''n C'1r!I1'T\obile, /"<!alership for nropcrty locatl!1 aoproxil'\atoly 1/4 mile WP.At of the ~ntl!rsection of Radio ?oi'ld and navis D~ul~vard, consisting of 10.28 ðcreA in gection 3, To'",nshi!" 50 South, pange 26 ,,,,,st as del crib~~ on Zonin", r1ap 50-26-2. "l<lnner Pc'~i~ statcrJ that t1,e objectiv!" of this pot it ion is to ,"mil': i1 c'lr ñ~'Il"rshin. <:he st;¡t'!d thi'lt on ~'1\Y 7, 19A5, the :1oar<1 deni"r¡ Petition ~-q4-4SC, reCJuesting rezoning fror:! C-J to C-4 for a car dealership anr1 on .June l~, 1995, the petitioner reCJuesterJ reconsidera- tion of that petition. She stated that at that time, the ßoard ~pprovp.d thf' rp.zone fro~ C-J to C-4 øubject to CCPC's recoml'\enrJation and subject to the restrictive co,enants which re~uired the petitioner to ~ubnit i\ !'UD for the property which is what is being done at this tin0. Sh~ reported that lands to the north across Padio Poad are zoned C-~; lands to thp. east ~n~ south ~re zoned C-3: ~nd lands to the west are zonf'd RMF-12. and all of the surrounding lands are und~veloped. She indic~t0~ thùt ~t~ff ~n~ all County Agencies rp-vieweò this petition ùnd have no objection to its approval subject to amendment of the pun c!ocur.1ent per the fltaff report daterJ l/9/A6 which is included in the backu!" mBturial. Sh~ inc!icat.d that the CCP~ held their public hearing or, 1/16/86, anù no corr.spondence "as been received and no one spoKe for or aqòin~t the p.tition. She stated that th~ CCPC recommended òp~rov~l subje~t to !lt~ff's recommendation as far as amendment to the PUD document with the exception of one i~em as describe1 in the r.xccutive Sum~ary which ~taff has no problem with. She stated tnat the petitioncr has put all th~ recom~~ndations into a revised PUD whic" has been presented to the Eoard. Ghe noted that tne recomrnen~ation is that tne petition be approved. Comnisgioner P~s~e stated that one of the recommendations is for the swale to be improvej along ~avis qlvd. and questioned where the outfall for this project is, to Hhich Public HorKs 1I.r'!ministrator Kuck stùtc1 th~t he has not yet seen the master drainage plan. Mr. Kuck ~00t( 092 ~~d.D9 "' Page 4 · , ~;; 092~~''¡ 110 Fcbrul1 ry 1\, 19P6 I , stateè that the rleta il",ó planfl do have: to C01:111' bacK hl!fore the County anr] thc \'Ii:Her tliI"II9''''l''ent I\rl'1isory f\Oard anrl at that time, th...y will, take iI close loo~ at it an~ spp if therc is any additional iMpact on paòio Po ad anù ravis B1v~. IIttornl'!Y ronðlr1 pickworth, representinc H,e Pctitioner, stated that the swale work that was one of the stipulations was made at the s1.Jgr¡estion of /1r. tlellen ...ho is reviewing the conceptual plan, adding that they probably felt that this stipulation would help the area. He indicated that the conditions that are in the Executive Summary were put in by a rcvised PUD docuMent which was not delivererl until after the preparation of the Executive ~ummary, adding that everyone ðgrees on the rcvised our docunent. Co~missioner Goodnight ~oved, seconded by COMmissioner Voss and carried unanimously, that the public hearing be closed. Commissioner Goodnignt moved, seconded by Commissioner Voss and carried unanimously, that the ordinance as nUMbered and entitled below be adopted with the revised aMendment to the PUC and entered into Ordinance Book Number 23r ORDINANCE 86-6 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 50-26-2 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM C-4 TO "PUC" PLANNED UNIT DEVELOPMENT KNOWN AS BILL GALLMAN OLDSMOBILE DEALERSHIP FOR AN AUTOMOBILE DEALERSHIP LOCATED 1/4 MILE WEST OF THE INTERSECTIOn OF RADIO ROAD AND DAVIS BOULEVARD: 10.28 ACRES IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST: AND PROVIDING AN EFFECTIVE DATE, Item t6 ORDINANCE 86-7 AMFNDING ORDINANCE 85-65, CORRECTING THE LEGAL DESCRIPTION REGARDING COMMUNITY DEVELOPMENT DIVISION REQUESTING REZONE FROM A-2 TO RO (NORTH NAPLES COMMUNITY PARK) - ADOPTED Legal notice havin'1 been published in the t11\ples I'ai1y News on ,ìùnuary 3, 1986, as cvir1enccC! by Jlffidavit of Publication filed with the Cler~, public hearing was opened to consider amending Ordinance PS-G5, ccrrcctinq the legal description in the COMmunity ~velopment rivision's rezone Petition R-QS-17C fro~ A-2 to P.O for tne North Naples CO!"1Munity ?ar}r. Planner r cl~im indicated that this is simply a housekeepinC] item to correct ~n error in the legal description. , Commissioner Goodni9ht lIoved, .èconded by COMllhaioner', Hass., and,,! Page 5 .. .. - _'''_''~__ H'_"___ _.__...__.·_._·.ri._·.·.· _~_.._.,_ ___ _..'_~~ - .. .. February 4, lqr.~ carried unani1l'ously, that the public hearing be closed. Commissioner Goo~night moved, seconded by Commissioner Voss and carried unanimously that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Boo~ No. 231 ORDINANCE 86-7 ORDINANCE AMENDING ORDINANCE 85-65, CORRECTING DESCRIPTION. REGARDING COMMUNITY DEVELOPMENT REQUESTING REZONE PROM A-2 TO RO POR PROPERTY SECTION 26, TO'~SHIP 48 SOUTH, RANGE 25 EAST. THE LEGAL DIVISION LOCATED IN Item t 7 RESOLUTION 86-17 RE PETITION V-S5-32, HOLE, MONTES. ASSOCIATES, INC., REPR. CIRCLE K CORPORATION, REQUESTING A 23 FOOT VARIANCE FROM REQUIRED SIDE YARD SETBACK FOR PROPERTY ON SOUTHEAST CORNER OF INTERESECTION OF S.R. 951 5. U.S. 41 - ADOPTED L~g<:1l not ice having been publishe'" in the IJaples Daily News on J~nuary 5. 198~, as evi,Jencl.'ð by Affidavit of oublication filed wit" th'1 Clcr":, p\lhlic hearln., was opened to consider Petition V-R5-32, filed by Ilole, Hontes 5. 1\sBociates, Inc. representin"} Circle K Corroration, r'1qu~sting a 23 foot varianc~ fro~ the re'1uired siðe yard s~tback of 40 fe...t to 17 on the east propcrty line for property on the 50uthe~5t corner of the intersection of ~.~. ~5l ðnd U.~. 4l in ~ection 3, To~nship 51 South, F~nge 26 East. Planr.~r ~'cKi", stated that the objective of this petition is to construct a conv~nience store with gasoline pumps. She indicated that the suhject property is 1.5 acres and is irregular in shape. She staterJ t!1.'t. on }\uaust 13, 19A5, the Doard rezoned this prop~rty fror.1 A-7. to C-4 to allow a fast food restaurant and ð convenience store with gasoline pllr:1pS. She stated that because the convenience store has gas pu~ps. the setback reauirements are greater and one of the stipul~tions for the rezone was that a 17 foot strip of land for future road right- of-wòy and a 10 foot strip for a utility easement along the western property line be ùonated. She stated that the easement cannot be used for parking, access, building space, etc., but can be used to meet the lòndsc~ping requir~m~nts, adding that the right-of-way and easement tot;¡l .7.0; acres. 5h~ stated that the petitioner is requl'!sting a 23 foot vòriance because the project has had to shift to the east due to tne don;¡tion of the '.7 feet along the WQst prooerty line. She stated th~t srccii:Jl conditions i'\.nd circuMstances exist as the property would have b~~n S\Jfficient in siz~ if the County "ad not requested the donation of the right-of-wHY and easement, thus reducin~ the width of &O~K 092 p~r·dl1 P.agp. f) ".~. . '~,.;. ," :II " .."¡ .')'~~":;~ " .' ~J.;."~.' .* ~o~ ŒJ2~~~ 112 1""(; rl'hru"r~' t., tr'" prOT"'~rt~/ \'y 27 !..~t. ~}¡(. indi-:-I't"" th<1t th" nrc~oßeñ sir!", y"rc1 5<,th",c": re:!!;'\inin~ i(; 17 f~"t, ~r"ic" ":ilJ <111(1\01 for t"" recruirer' In foot 1~n~5ç~r~d ~uffcr AnA a"I' iA, therefore, r@co~menAino ~rproval of this pctit.i0n. G('or~~ P0r~tH"~on of P,.,l~, '~ontcs ,. ,'\s!cC'i:~tes, re!",reRf'~ti'1~ tñ~ ?0titionrr, st"te~ th~t t~e ~onation was a reauire~~nt af the t'ezonin~, .1è'] inr. t1wt ¡.,,, j A n0~ 'In!:"" if all thc le.,al !"èlJ"I'!'t'e h",ve ~E'en siqne-:'l at thi" point. Coml:lisnioner 1~:>lll)n,l stated tnðt: hI! has conccrns oecaust' TJ sif.'ilar rcauDAt on a convenience store was denied, adding that it is difficult to ;]:')"ro'/(' cne <lnc' turn one dattn. "t"nn"r .'cVi,.. st1\t"r:1 t'\:Jt it i!'\ difficult to do t,,~ sitr :>lanninÇT wor;- .:'s i'_ i9 irr"c,t)!"r in shape, ~ut they are """tin" th~ f"i'!r\:ínc: requi!:"er(n~s an~ ,'ri'\in"Q- rençir...~entß "nr! the only set~"c\: t~at th...y cannot ,.."ct i~ th" on~ On the west r>rcprrty line becDuse of the land bcinq ~on;'\le~ to t~" County. In .:'n5wer to rc"!nission<,r "Olli\!'\d, !"lannl?r 'feY.!", et...te,1 that there is e con~ition rccðrCin~ the ~ntr1\nce on ~.R. ('51, that until the rODd is i~~ro"~1, the ~~cQn1 ~ntrnncp cannot be put in. '·r. ",,["f::iJn~;()r. 5tùtC"~ t'lI,t th£' ~,i~1th of t~p prop'?!"tv front in" ;,./.. "~J i'n" C.S. 41 prior to the r;~diclltion of the l'ln" ~I)(; 370 f/?'et. C~r~iE(;ion£'r Vos- st~t,,~ t"nt the ~rohleM is ~ue to ~ivin~ lÐn~ thnt thc County w~nt~~ r0r P riqht-of-way ~n( it is un to thp County to r~ctify it ~O~~~0W ~n~ t~c only t~ina the County cpn ðo i~ rive the nctiticnnr ù v~riùnc". PI? stllte~ that i~ lan~ is ta~Ðn a~ftY from theM, tht.:,y rH"'e'..J to ~")...: COl"~i:'P!1S"1teri sOr"ehow. Commissioner pistor moved, seconded by Commissioner Hasse and carried unanimously, that the public hearing be closed. C01l'missioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that Resolution 86-17 re Petition V-85-32, Hole, Montes & Associates, Inc., representing Circle K Corporation, requesting a 23 foot variance from the required side yard setback of 40 feet to 17 feet on the east property linp, for property on the southeast corner of the intersection of S.R. 951 and U.S. 41 be adopted. PifÇ1e 7 -' ~~ 092 T:'.! 116 Item .8 February 4, 19P6 RESOLL~ION 86-18 DECLARING A MORATORIUM ON BUILDING PERMITS FOR THE NEXT TWO WEEKS ON BEACHFRONT PROPERTY BORDERING WATERS OF BIG MARCO PASS ALONG SEA BREEZE DRIVE TO GIVE THE BOARD TIME TO PREPARE AN ORDINANCE RE SAME AND STAFF DIRECTED TO DO A STUDY ON THE BEACH EROSION RE HIDEAWAY BEACH - ADOPTED Planninr¡/Zoninq Director ?ettrow stated that several builders have arpro~ched the Ruildina repartment with respect to the location of the 5eth~c~ line on property located on the Hideaway ßeach pun. He noted that Hic]eflway Beach is a 305 acre PI1D which was approved by the ~oard in J~~n. H~ noted that there iJre 90in9 to b~ ~ulti-fðmily ðnd single f~~iLy lots on it. ~~ referr~d to a map of Hideaway Beach, indicating thflt the area in yellow is the area of concern and the particular nrope~ty in question is J~t 13, He state~ that in 1070 there was a sr.or~line estahlish...d and a construction setbacK line fixed, adding that the shoreline was approxi~ately 50 to 70 fe~t back from the sethac~ line, so there was plenty of roc~ for construction to occur and be 5afeLy away fro~ the waters ed0e. He stated that because the builders had iJsked the County to pst'lblish a line, Stòff went out to the site an~ it appears that in the last fi to 7 years, the erosion has occurcd at an averar¡e annual rate of about? feet a year. Pe noted that the shoreline is at the oriqinal construction setback line and he would not encouraae or condone through zoning, the issuance of a huil~ing permit where one could possibly locate a structure at or in t'lC ~:iJtcr an~ it appears that this whole area has had SOMe sever~ crosion. He note1 that hp would like aut"orization from the ßo~rd to rcs0<1rch furth~r this nroblp.m in order to cl~rify an~ establish a new construction sethac~ lin~. Cor.rission'2r Pelland auø.stioned if the people fro~ Hide<lway Beach ~Iere notifie:i of thi~ iteM, to wnÍch I'r. PfttroH st.Hed that I~r. Fagan of Pi~enway "n<lC~ callc~ the nrevious ~ay to discuss the ~atter. ne 3tatc~ that he indicatc~ to ~r. Fa~an th~t he was seeking authorization from the rOiJrn to loo~ into the matter, but there woul~ be no remedy for this ~<1ttcr on this date. Tape .2 r.o~~issioner Poll~nd stated that he is concerned with this as when someone is given a PUD, it is the same t"ing as a contract. County Attorney Saunners stated that ðS far as the presentation this date and the renuest for some direction from Gtaff, th~t would not he in anv violation of any conditions in th- nv~ document, a~ding that Page 8 - - .. _"""._,.......v- - - - Fœbruary 4, 1986 hefore the CO~5tal Con~truction Lin~ i. moved, if Staff m~Kp.B that reco~~endation, thcn the Board would hava to look at the PU~ dOCUMent to be sure thnt it is consistent with t"at. He statœð t"at thE ~atter coul~ be he3r~ an~ Staf- coul~ he ~irecte~ to proceed if the noard d ':' ~ i r (~~ . ~r. Peter F~snn, President of ~idaawny Sp.ach, stated th~t he was not notified of an~ henring, a~dinq that he saw the articlß in the rar~r nn~ he cnlle~ ~r. Pcttrow to discuss the m~tter. 4e 9tatad that !'H' ,",oul·] be h,'pny to coope:-~te wit" hir.1, I.!d<1in'} that thére m"lY be some concerns in soml) areas, but not in total. lIe st"lte~ that if this meeting i3 to simply give him guidelines for going out to take a look .1t the prel.,crL:', he wou1'J be rrore thðn happy to coonerate with him. CO"'!11ission~r !:a3S"! questioned if the line is moved back, would the propcrty be too small for any other use, to w"ich Mr. Pettrow statp.d thnt it i3 possible that SOMe of the property could be made unbuildable as far as ?~r~ittin~ go~s, but in other cnses a vnri~nce may be "'::Irr,')ntr:,i for a reduction in setnac'<s, and in other ones, where it is too closc, a recon!11cndation nay have to be ~a(je if it jeopardizes the henlth, saf~ty and welfare of the residents thl.!t move in there. There ~Ias a slide presentation showing Hid'!away Beach anti t'he setback and erosion concerns. In anS'1p.r to Comnissionl?r Goodnight, T:'r. )roffitt statp.d that the ma? that Commission~r Goodnight is referring to is the f.tate DNR map an,l when he did his survey, Hideaway Beach was inclu~ed as one of the ar~<1S that ~~s suffering critical erosion, ñóding that the State is reviewin~ docu~ents at this point and h~ve indicated that tney are goin~ to upgrade their maps accordingly if they agree with the County's survpys. T:'r. Proffitt stated that he would like to be able to find out where the current mean highwater line is by surveying the vegetation line and superimposing that upon the other drawings from where the "'::Iter line and the setbacy. line are so that they can determine ~hich lots have the erosion. Commissioner Voss stated that what bothers him is that when people build the houses and get beach erosion, they decide to put up a seawall and that complicates the matter further. T:'r. Proffitt stated that the sea\o'alls '~ould increase the erosion at the ad1e of t~e seaw~lls ^nd then therc would he no bcach at all. I'r. Pettrow statel'l tnat if he had ^uthoriz~tion to proceed, he aDOK 092 PAGt 117 Page 9 ji, '~.. ,.. ,. &OO( 092p~,,!118 Februnry 4, 19~¡; woul~ he hack with th~ information in four to six weeks, adding th~t ~not~er ~ðtter that relat~s to this is the int~ri1l' period whp.n people apply for building pernits. A... question~d if a worðtorium on building r~rMitR ~hould be place~ in this /Iran until the study is conpleted? County Attorney Faun¿ers stated that thp. roðrd can impose by resoll1tion a short tern moratoriuM, adrHng that if it is 'Joinq to be more than a few weeks, he would ask Staff to come baCK with an emergcncy ordinance imposing a r:loratorium within the next wt"'clr: or tVIO. Commissioner Voss ~oved, seconded by Co~~iøsioner Hasse, that Staff be directed to study the beach erosion at Hideaway Beach and make recommendatior.8 and that Resolution 86-18 imposing a moratoriu~ on building per1l'its for the next two weeks on beachfront property bordering waters of Big Marco Pass along Sea Breeze Drive to give Staff time to worK up an e~ergency ordinance, be adopted. ~~r, Peter Filgan stateè lh'ft he is ð little puzzled about this r~ttcr because he has ha~ no notification, addinq that h~ thought t"is was 5i~"ly going to te II study 'nd had no id~a thnt this would involve i\ I:1oratorium on buili!in..... Pe state<1 that tnc stur'!y has not t-een done ilnd it is not even known if therc is a problen or not and he docs not thin": that a rrorat~rium is necessary at this point. Upon call for the question, the motion carried 4/1, (Commissioner Holland opposed). Notel Document not received in office of Clerk of the Board as of 2/13/86. Tape #3 Item #9 PETITION MP-85-8C, RUTH KLIMSON RE 4'4" VARIANCE FROM SIDE YARD SETBACK AND A 2'4" VARIANCE PROM THE FRONT YARD SETBACK FOR 1709 DAISY LANE - (FOREST LAKES) APPROVED rlilnner /'cKiM stated that t~e objective C\~ this petition is to receive iJ frcmt ani! sir1", yard setl"¡¡CK varhtnc:e to allow a single family ~wellin? to rer:lain at its present loc~tion and to clear title for the future in case o~ 5.~lc of the property. ~e stateð that all af\jacent Jets arc zone~ ru~ ~n~ per~it single fe~ily d~ellinq units ilnd are v~c~nt. She in~ic~t~~ that the nuhject property is located et the end of ù cul-~e-silc ~nd iR irregular in share. ~he rCDorted that the property contains a sinole family dwelling unit which was constructed in :'iHch, I<:'PO, adòinq that the house has .a side y,:trd setbacl: of 3 feet 2 inches along the west property line instea~ of the require~ 7 feet 6 inches and the front yard setback is l7.fi feet instead of the required Pllge 10 - - - - - - February 4, 1':'8-; 20 f~et. ~he not~d that the house could have been locate1 on the lot to ne...t 1\11 th<! 3et"ðc~s. 5hl! intficðtcd that last y"'ar, when an ~~j~ccnt lot was 9urveye~, it h·ca~e ap?~rent to th~ petltion~r t~l\t ;,r:>r house W,1!! encroachil1(, upcn the si<'le s~tl'>¡'c1<: anr' a '!uhseolJcnt survey of tha SUbj~0t rro~crty c~nfirmed it I\n~ also shows 1\ front setback '"r.C~8<)cè)'11ent. S;¡C ,.,ot~'J th;o,t th·! r...titionl'!r w.." 1 ivin,., out-of-stl\te when thr hou.c WI\" heing constructe~ nnd th<!refore, was n~t aware of this situ"'tion. She in,1icated t"at the original buiVlinq pernit Hit" the "'ttl\chc~ plot plan shows the house nt the proppr f.ront and side setbðcks of 2° fe'~t "Inri 7.5 fep.t, Þut the '!urv"ì' of "oveMher, 1005, .hows it at 3 feet 2 inches and 17.6 f.eet. ~he indicðted that it is ~rrl\rent thðt th~ builder c0n'!tru~ted the hOMe in the ~rong location an1 due to thn fact that the petitioner is not lit fault I\n~ the builder is out of tUSi:10;!i, ~t3ff r,..co",npnds ""ppro""Il of th" petition. She noted that the ~uil~i:1q Inspectors "Ire chec~ing to he sure that there i:; no <?n<:ro~ch"'''nt3 on per.,it!l that are now heing is'!ued ani! an ordinance is bein? prepared regarding this matter. She noted that the CCPC helcl their puhl ic ""'''Irin? and Tecom~ended ap~roval. Sho noted t:'l\t no corresponrJence was rec~iv~d regarrJing this petition. 11rs. ruth !'11:"1soo, Petitioner, stated that she agrees with everything th~t has been said and indicatr'!ð that the huilder should n~ver he ðllowe~ to build homes a~ain. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that Petition MP-85-8C, Ruth Klimson, re 4'4" variance from the side yard setback of 7'6" to 3'2" and a 2'4" variance from the front yard setback of 20' to 17.6' for property known as 1709 Daisy Lane be approved. ***** Recessl 10:10 A.M. - Reconvened: 10:20 A.M. ***** Item 110 BIDS '85-916 THROUGH '85-921 FOR IHHOKALEE COMMUNITY PARK - AWARDED TO VARIOUS VENDORS Le9;¡1 notic~ }.aving been published in the Naples r-aily News on ~ovemher n, 1985, as evi~cnced by Affidðvit of Puhlication filed with th~ Cler~, bins were receivert for site preparation, electric, buildinqs ~n~ shelters, landscapina and irrigation, gaDe courts, anrt paving for the Inmo~ùlee Co~munity ~ùr~ until 2:30 P.M. ~ecember 2, 1985. r2rKS ~ necreation rircctor Vanatta stðted that invitations to bid w~re sent to ap~~o~iMately 50 contractors, addin~ that npparent low birJders c:-:cccderJ th~ !:n.;rJgr'!t amount at which time the desir!n team &OO~ 092 W,[ 119 Page 11 . ' .f; , .....1-1 "...".."'-"""'......._-,..."#."..~.,,,'".,,"'"'''.,,.~"'',,,.. .... .....__.¡---"'-~._..,...,_...-.~,,,.-.,.,,..._"~""_.....'~- '~""-""""'"'''-'-'' '"»''''"-''''''''' .._.....'"- .,",., .".~- ,. 092 120 r'chrulIry 4, 191'1; aOD( . fl'., . re'¡icwe'] the items ane' fncilitics which were includl!!(] in the hir1 along with th~ir appar"nt C05t to iteMl~A a list of ~~e'uctionA th"lt woulrl reñuce the bid totals to within thp allocation and to al50 providc 'I cont:nfJcncy for the construction project. lie stllte" th'!lt the general philosorhy taken by the design tgam in making the reèuctions to the various contract was to save the user facilities, maintain a priority on all the active-use recreational facilities and economize on the support items. He not~d that bids were reviewed and reco~mended for approval by the Parks & Recreation Adviaory Board. /~r. Tom Pee}: of Wilson, lli11er, Barton, :::011 & Pee'<, Inc., stated that H.ere are 6 p,Jrts to the overall proposal, addin'j that there are 6 inrJivichUl1 contract!'õ; site preparation; !litp. elp.ctric~ buildings and shelters: landscaping Gnd irrigation; outdoor came courtß~ and one for paving. Fe noted that the items that were in the originùl bid that hove been deleted in order to bring this within t"e budget were refurbishins the existing tennis court, SOm~ of the joqqing trail and ~ome of the additional parking lot. He stated that when future phases are develope~ these iteMs would be huilt at that time. In an!'õwer to COMMissioner Passe, ~r. Pee~ stated that this entire phase £hould be built in P ~onths. P.r. stated that the tirst phase, which W<1S the baseball field and is being useè for the high school, is cO!!1pleted. Fe stated that the second part that \~a!' 1!\o'lIrder! Iolas fencing the entire project an~ that has been completed. He stated that this is Part 2 of Ph~se I. COMmi~sioner Holland st~ted that they should be comnended for being a~le to negotiat~ over SlOO,OOO down to Rtay within the'proposed huùaet. Commissioner Goodnight moved, seconded by Commissioner Hasss and carried unanimously, that the following bids and amounts be awarded to the following vendors for the development of the Immokalee Community Park: Bid 185-916 - Site Preparation - Harper Brothers, Inc. $48,181.80 Bid 185-917 - Site Electric - Mid-Continent Electric _ $107,870.00 Bid 185-918 - Buildings' Shelters - Bayside Builders _ $157,994.00 Bid 185-919 - Landscaping and Irrigation - Sunny Grove Landscaping, Inc. - $66,766.12 PClge 12 - - - - - - February ~, 1'J )i; Bid 185-920 - Outdoor Ga1f¡e Courts - McGovern Construction, Inc. _ $113,959.49 Bid 185-921 - Paving - Harper Brothers, Inc. $58,832.83 Item III MEMBERSHIP OF LONG-RANGE INFRASTRUCTURE AD HOC COMMITTEE CHANGED FROM 9 TO 11 MEMBERS. TOM PEEK, MIKE STEPHENS AND GLENN SIMPSOr~ APPOINTED ~ù~injstrJtiv2 ft~sist~nt Israelson stRted that the Ch~irm"n of the J..Qn'J-Rilnc¡e InfrastruC"ture Ad Hoc Committee '""uld likt~ td have the ",cr.1hcrship chan'je-J fror.\ 'J to 11 an" would li .;e to Bee I~r. TOI:1 Pee .;, representing ~n~inecrinq, ~r. /1ike Stephens, r~rresentin~ the environ- Ment, and Mr. Glenn ~impson, rcpresentin~ anriculture, ~ppointed to this connittee. ~Ir. Stan \oIhitcomb, ChairMan of the LonQ-~anqe Infrastructure J\ð Hoc Com!:1ittee, stated that the cO~Mittee is trying to determine the areas that need the ~ost imnediate attention in order to have recom~cndl\tions bac": in time for the budget deliheratio!'lS. lie !!tated that hc fclt th~t there should be 3 ~ore mer.1bcrs in order to break it down inta the various sub-coomittees. He st~ted that thoy alao felt that it would be cood to hav~ ð representntive from the agriculturo ðnð cnviron~ental cOr.1r.1unity and it w~s ~lso felt t"at an en~ineer would be a bio help as well. ~e stated that they wilt break down into various cornnittees that will address public servic...s, water management, etc. that ùre of great need, adding that he hopes that their recommendations will address the needs for those areas and then the funding sources. He stated th~t needs in eac~ area under the various departmént heaðs >IiI 1 be ñddresse~ and th~y ~ill be summarized and a recommendation brou9ht h~ck. He noted that they would be addressing the fire dep~rtn~nts needs ðS well as various other topics. Com~issioner Hasse questioned if anyone on the committee is completely famili~r with the fire departl'1ents, to which ~!r. Whitcomb replied negatively, adding that r.1ost of t"e topics they will be addressing do not have experts in the particular area. He stated that the committee is made up of generalists to give a cross representation from the County. He stated that the sub-committees will select people th~t ñre experts in the area to meet with them on each of the matters tnftt >lill be di5cus~ed and there will be 5 sub-com~ittees made up of 2 people e~ch and thu Chairman will be on all t~e com~ittees. Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that the membership of the Long-Range &OOK 092 PAr.l121 P'3ge 13 .,. " " 092F~,~122 Fehrusry 4, I'HHj Infrastructure Ad Hoc Co~.ittee be changed fro~ 9 to 11 ~embers and that Mr. Tom Peek, Mr. Mike Stephens, and Mr. Glenn Simpson be appointed. Ite1l' 112 &* CONTINUING DELETIONS BY RISK MANAGER OF VEHICLES FROM COMPREHENSIVE AND COLLISION A!J1'OMOBILE COVERAGE AS THOSE VEHICLES FALL BELOW THE VALUE OF $3,000 ACCORDING TO CURRENT N.A.D.A. FIGURES - APPROVED Piol: ~;ùnager PynrJers stated thðt there are !'I nU!I\oer of vehicles of vcry little value th~t the County is paying a high premium on for comprehensive and cOllision. adding t~~t those vehicles which are under i'\ vAlue Clf $3,00C', acccr(:ing to book vðlues, should hE' delr,tp.d fro," the co~prchcnsivp and collision coverage. r,he st~ted that they ~ould still b~ carrie~ for liahility coverage and she feels that it would be prur;ent for th... County to do this concerning the hi~h cost of insur<1nce. ~hc stnt...d that when the vehicles ar~ of the low value accoróin? to the hoo~, they usually have so many niles on them that if tncy were put up for auction, probably half the hoo~ value would be obtained. She stat.~ that she would li~c the Boar~ approval to cli~inate these vchicles on an on-going ~asis. COl"mission..r Pollan" nu.,stioner:J thl" cost of this to the County, to ",hich ~'rs. Rynders st"ted that ZI few years aao the cost was not thðt cxp~nsiv~, but it is now increasing so greatly that the older vehicles r.~eè to h~ ðropre~. S11e notej that the County will collect on any type of ~ccident whcn it is ~nothcr party's fault, a~ding that the only time the County I'ould 103!'! is if the other party hañ no coveragc ant'! thp. C0unty could not collect from them or if the County was at fault in the accident. She stated that th~ DepartM~nts h~ve the ahility to monitor tì1f'ir new employe'~s ùn:! scro<::cn their ðriver's lic~ns!! prior to hiring. COJ!lr.'issioner IJollcnd r('ferre~ to the next ite'll rQgùrc1ing workers' com?~nsation coverùne, to ~hich Risk ~ana0er Pynders stated that this is stOry loss c?verù~~, ad~ing that th~re is no co~parison to this r~rticular item. ~h~ noted that they did not ~o out for bid on this it,,,,,, bec,1use' there ;,re only:> or 3 companies that would be willing to ouote a cost becaus.. there i~ no ~ðrket. She ~tate~ that the market dictùte~ that it is hetter n0t to put the County's insurance business in the oren market for "nyone to ñ('al with it. She statec1 that in this case, PQnn C,en...ral must do the los~ reportin9 to the company that carries th~ stop loss. ~he stated that she will be involved all the wùy, aòdins that Penn Gcncr~l will present to her w~at thQY arc able to Page 14 ;Ji ~ .'!1 {~ i j "~ ", ,~ ..1 - - - '~m"__"",_"___·;,~_<",,,",,,,____,,,,,,,,,,,.,,,,.~.,,,,,,~,,,"'''''' ""."""._._> - - - February 4, I~P6 find and th~n ~hg will present to tn~ 3oDr1 what shc feels is the best r<1con."cnñ"tion. Corn"1is:¡ion'1r !'oll!'tn~ qu\!stion~1 how many vehicles are in tho county that lire in!õur'1d, to which ~lrs. Rynders repliet1 thnt then! lire aprroxi~at21y 250 vehicles and the comprehensiv~ ~overa~e is between S20,OOO-20,000, Sh~ statt>r1 that thO! olòer vphicles that hlwe smllll values nre the on...~ th~t she is reconmendin1 b,. ~eleted from the coverag.... Co~,r.issioner "011'1:'11 ,!uestine:i how many cl.dms th"!re have hecn , this 1C,1[" , to which ·~rs. l1ynrJ<!rs statod th,3t 3'1'1 does not hav"! a report fo~ this ye~r, adding t~at the last loss rcn she received froM ~ctna wn3 in June, J,)85, which reflected losses throuoh !-'l'Irch, 19~5. She r.oted th;\t she h·1S r.:ont,'ct,,~ the comr.;¡ny c"'''"ral times And she h~s not received any loss rune to date. She 6tate~ that her next recourse is to write to t~c Insurance ComMi3~ioner. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the continuing deletions by the Risk Manager of vehicl~s from Comprehensive and Collision automobile coverage as those vehicles fall below the value of $3,000 according to current N.A.D.A. figures be approved. Tape .4 Item 113 PENN GENERAL SeRVICES TO OBTAIN QUOTES FOR REPLACEMENT OF STOP LOSS COVERAGE FOR WORKERS' COMPENSATION - APPROVED Ri 51: 11anager Rynders stated that she is aSKing that Penn General, whc is the current claims administrator with 110rkers' Compensation, obt~in 1uotes fron the ~arket for the County because they arc familiar with the plan and what the County is doing in the way of safety measures and in updating the progra~. Sh~ 3tated that half of buying a coverage like this is selling yourself to the market, aðding that she feels that Penn G~~eral will do a good job of selling the County bec~u=e they are up-to-date on what the County does. She stated that at the present th~ market is sli~ as there are very few coverages available and it would not be in the best interest of the County to go out into ~n open market to obtain the coverage. She stated that any ~uotes that ~re received by Penn General will go to all companies that they can obtain nuotes from and th~y will then come back to the Board, adding that there will probably not be anymore than two quotes. She stat@d thRt re~n General will r~ceive the sa~e commission that any &OO( 092 PAGt 123 Pagc 15 , J' .' &OO~ 092rr'hlb~y r~cdv..s. Comr.dssion~r Polland s':.atecJ that co:npetitive hidding shoulò be <'lonE, and questioned ',¡hat this policy ~Iill cost approximately? r~rs. P.ync'l~rs stated that on today's marKet, it will prob1\bly cost abou':. ~50,OOO-60,OOO. She stated that all of the compani~s that write ~top 105$ cover~ges for wor~ers' compensation plans will not writ~ directly, adding that they will only write throug~ a broKerage and in this particular case, there are only a couple of markets available and they will deal directly with the Claims Administrator. She stated that tod~y's ~~rket is partic~larly troublesome and to put the County into an open market, all bids may be eliminated because if a Market receives in~or~ation fron more than one agent on tÞe sa~e account, they will not hid the account. It's better for the County to have both the coverage February 4, 19r6 and the claim service t0gether. COMmissioner Passe stated that another comnnny will get the co~mission w~en tne Risk Mana~er should he handling the whole issue. COi:1!:1issioner f'ollo'lnd stated that: th€re is still an insurance advisor on retainer. Comi:1issioner Voss stated that the insurance Advisor, Mr. Siver, was lliminnted when th~ County started their own Risk ~anagement Cepartment, adding that he is available if the County needs him for so~ething, hut he is not on a retainer. County r~nager LU5K stated that there is a Pisk ~anager in house to handlc the insurance needs which is why ~~r. 1'iver was eliminated, adding thilt ~'r. Siv~r would probè3bly Milke the /lame recor.tmendation if he was being paid for his advice. ~rs. Rynders stated that she has a letter froM ~r. ~iver which indicated th<"lt he felt that COlJnty an~ City governr;¡ents should not go on a ~id h~sis to the ~ar~et t~is year. Commissioner Voss ~oved, seconded by Commissioner Goodnight and carried 4/1, (Commissioner Holland opposed), that Penn General Services be authorized to obtain quotes for replacement of stop loss coverages for workers' compensation. Ite1l' 114 " ., ¡ NEW EMPLOYEE SAFETY HANDBOOK - APPROVED Risk ~anagcr Rynders Rtated that shv is aSkinq the proposed new silfety t1an-:Jhook be approved so thl1t they can have it printed. Shl! stated that it is important that Ðl1ch employee ~now what the rules are ~n~ 0ach e!:1ployee will be given a copy ftS well PS all new employecs. Page 16 .. - - .. - - February 4, IO~1í ~h~ ~tated that the eMployee will sign for the copy and he re~pon5ihle for ":nowinq th~ contp.nt'l of the 1:>0010: I\nd t"lIt she ~till hl1ve it trllns- lat~d and have copies mllne for the opanish opeaKinq people that worK in the CJtlyinry areas. Commissioner Voss .oved, seconded by Co.missioner Goodnight and carried unanimously, that the new Employee Safety Handbook be approved. Item U5 RESOLUTION 86-19 AUTHORIZING THE COUNTY ATTORNEY TO DRAFT AN AMENDMENT TO ORDINANCE 86-4, REGARDING INSURANCE COVERAGE ON TAXICABS - ADOPTED. Pi s% ':"ni'!<:,er "ynr~'~r!l st'lten thl!t two ,",eeb; a'10 an ,*~in.1nce .,,\g r1ss~d reg1rding ti' xlc"~s, bU!lps, etc. nn~ the insurance r3quire~ents wer~ quite 11 problen at that ti~e anò she han hecn aSKen to recornmenr! what the mininu~ re~uirementB should be, ~;ich she nid. 5he stated that th.,. !"Ioard chose to ao ~Iith ~tate re~uirements which they he1ieved at the tine to b~ $sn,ano and $]00,000. ~he st'lted that since that ti~e, she has foun~ that the only law that applies to these pco~le wC'ul,J be the s'Ime finan-:ill1 responsibility act that applies to each of us in our 'Jwn vp.hic1p.s an') that is that -:>ach person iß rC'1uiren to have $10,000, ~20,000 anò ~S,OOO property damage. 5hc stilted that these are the ~tatc re~uirements, aõdin~ thl\t the previous oròinance had $50,000 an~ 5100,000 1iæite an~ the people ^t that time, had no problem with i~. She st^tcd that sh~ would reco~Menñ th~t th~ oròinance be aMended to bring the insuranc~ cov~raqe bacK up to the $50,000, 5100,000 that lias in thE! past ordinance. Commissioner ~night .oved, seconded by Commissioner Hasse and carried unanimously, that Resolution 86-19 authorizing the County Attorney to draft an amendment to Ordinance 86-4, regarding'insurance coverage on taxicabs be adopted. Note: Docu.ent not received in office of Clerk of the Board as of 2/13/86. Item t16 POSITION OF VETERANS SERVICE OFFICER AT PAY GRADE E-Ol - APPROVED County ! ano1ger V.Jsk recommende/! re-establishment of the full time position of Veterans ~ervice Officer, aðñin~ that it is an important commitment for the County to have a full-time servic~ officer. He statcd that a1Mos~ 10' of the population of r.ollier County are veterans and the County has an obligation to scrve them. Commissioner Pistor question~d if this per30n has to be trained prier to rein? hircd? ~DO( 092 P1q 125 Paoe 17 --~"._--~.,_."''',.~'''''~~...." II' " ·' 092plr,t126 F(!hruary 4, 19R6 ~OO( tounty ;1ùnð~er Lus": stated thðt t11PY ¡Hive to finr! " vp.teran thðt Meets tho rcquire~ents ~nd hù9 the administrative a~ility for the position, and then thoy go to Et. Petershurg for one week to qP.t certified, ùnd after that, they go twice a year to b~ Atate certified. Comnis~ioner Pollan~ auestioned if the salary is ir. line wit" the surrounding counti"'5, to ,~hic¡' ~'r. Lus1< replier'! th;¡t the salary is in back J ine if it is comp1!red to Chr.rlotte County, adc!ing that he may be ùs":inS for the top of the ran~e salary when the person iR hirer. stated that he is ~sKing for the money to come from Contingencies the rest of this fiscal year. Commissioner Voss Moved, carried unanimously, that the Pay Grade E-Ol be approved. Item t1 7 Pc for seconded by Commissioner Hasse and position of Veterans Service Officer at BEACH ACCESS FACILITIES AGREEMENT - COUNTY ATTORNEY DIRECTED TO MEET WITH REPRESENTATIVES OF WESTINGHOUSE COMMUNITIES AND SHELTER SEAGATE CORPORATION TO WORK OUT A PROPOSAL REGARDING CONTRIBUTING MONEY FOR A BOARDWALK WITH NO ALCOHOL INVOLVED County I\ttorney Saunders statcð thðt I'r. r.ic"ard ^aron is present ~n-l \IOU Id Ii ke to Make ., presen ta t ion to th... !'Ioard, add i ng tha t there arc sl.'vcral spcaker~ renardin~ the ùcceS9 to Clam ?ass Park. I'r. P ichard Aa ron, repres'!!nt ing Shel ter Seliga tP. Corportlt ion, stùted thùt they ðre one of the porties to the existing beach access facilities ùgreeMent that was entered into by the County, Ikstinghouse anr'! ~helter Sea0ate in ~ovenher, 1903. He stðtcd that the Comris- sioners have a lctter in their agendð material f.rom hi~ that w~s addrcssed to ':'om Kuc1<, r>ublic \/or!:s J\dminiRtrator, outlining a bare hones frOrosal conccrnin~ ~ow the County may go forward wit~ tuilëing a ho~ròw~lk. ~c stat~d th~t the oerMittin~ process required a sub- st~ntial redesign of the boardHalk "Ind as a result the estimate is considerably more than the County has s~t aside for this. He stated th<1t the perm~t is al~ost ready Be that ~onstruction could begin, ad-linq that he would li~e to see this stnrted. He stated that they are . . offering a substantiðl amount in the way of ad1itional contributions. He statcd that Shclter ~eagate is ohliryated to provide construction of a ?arking lot, beach facilities as originðlly designed in the southern end of. th~ park, and the cost or estimate of a noat-dock-boat system, which is actually two docks and one boat which costs ùbout $60,000. He stùted th~t in addition to the existing obligations, he is offering a suhst~ntinl contribution of over $250,000, and in addition Westinghouse Page lB - - - ^~'"'---'''''-''~-''''-"-'-'''''''''''''-'-~'"''' """"'",_"~-'~'~"",,,."-,.-._~-,,~-...-., "" "''"~~.'''-''''''''~-'<' ~""''''''''''--''''''''''''_<- .. .. ... Februùry 1\, 1')16 who i~ not oblígat...ñ to ~a~e ~ny financi~l contrihution whatsoever except to ~ecd over th~ two acr~ par~ing lot, hù5 oFfere~ an a~¿itionnl SIOe,ono towi!rd thðt I'Ihl)rtfal1 of at l<\ðst $70f),O()O-~OO,()f)C. 'fe stated thùt thí~ ?rooosnl ~oes no~ hnve any details, ð~din~ thnt it covers certnin issues that they wculd like to spe in exchnnqe, like the sale of .1)'":ch01 on tnI' bl?:lc>', .J turn ~ey o"",r<1tion w'lore they ....oulrJ funrJ t'ne construction up front, cù~rlctin~ it and turninn over all facilities, as th~ B1r~CMent requires, to the r.ounty for control and o~er«tion. He stat~r1 that he would like to have a conces3ion~irc nqre~m~nt to operate the bCi)cLside faciliti~s, th... anticioater'! ")"r!-:inrt lot area, and the board'dalk DcceS3 area. I!e st,1t"!d that there ,He scni'litive issues here and there ar~ no details at this tim"! for the "oard, addinq that it is time to (Jet the hOiudwaH: constructed. l1e sti)te~ that he has been wor~inq on "enernl ideas, but would like to ~now what direction the noarrl would like to go with this mùtter. !~ stated that he is asking that the facts he rleYP1ope~ with all p~rties anrl then come hack to the '3oard with details. P,:, state" that he is loo":in~ for direction from the nOùrd an1 the r-ublic. ComMissioner voss stated that he hones there can b"! a way found to g...t this boardwùlk in so the peopl~ c~n use th~ h~ach. ~1r. lI.i'lron st.'lteñ that t"l) spirit is to build the boarr]wal1-: to "<>.ve heach accp.ss for the public, which is what he is trying to do now. County Attorney Saunders stated th~t the only thinçr that '-1r. Aaron is able to do is to give the Board an~ the public a general outline of their pronosal, a11in1 that the reason for this discussion is that if the Board ùgrees with this approach and thinks it may be the way to go and would like r.ore ip.fo~mation on it, then he would as1-: for direction to draft 'I conc~ssion agreern~nt that woul~ contain the detail that would he needed and he would also ~sK for the iJut"ority to acJv",rtise certain ordinance amend~ents so that the project could proceed. He stated that this detailed work has not been done beciJuse he wanted to be sure that the eoard thinks it is a project on which they would like more information. In answer to COMmissioner Hasse, Cuunty Attorney Saunders stated that the detaile~ worK would be preparinq a concession agreement to govern hOH the operation would take plac~, to control construction and what Nould be constructed, to advertise the concession aoreement and ðMenr1Ment of certain orrHnances. He stated th,1t wn<1tevp.r facilities woul.) h<::, !'}uilt wou11 ~a'le to be c0ntrolled by the 80.1rñ. f''? state" mK 092 PACt 127 Pa']e 19 ,.,.' , ~ ,o~ 09Z'Af.{128 February 4, I'JR6 thnt the proposal as outline~ by a letter inðicates thal the hotcl would want the ability to sel~ ~lcoholic beveraocs at the site facilities as part of the consideration for contri~utin9 more ~oney to build the Þoardwal~, which is the policy issue that t~e "o~rð has to deal with. He stated that the ordinance that prohibits the sðle of alcohol in a park could be amended so that t"is particular park would not be " fined as a par}: for purpoaes of the orrlinance I'Inå would be exclude} from that ordinance. Tape .5 Commissioner ~olland nuestioned if the Bo~rd went along with this f.)cility, who would pclice it, to which r~r. r.aron stated thût <!ll the details need to be worked cut an" that this situation would be I!r!dressed. Commissioner Voss stl'lted that if the bids arc more than what Hestinghouse ;Jnd Sheltcr ~cagate thinks they will bp, and more than what the County has to ~?...nr!, the oroject will not go forw~rd. ~r. Aaro~ stated that this iK something that could be discussed at the time and he is prepare~ to fin"'nc~ wit" the County with revenues th;Jt are anticipate~ that could be generated fro~ the park operation. The following Deople ~po}:e a~ainst the heach access facilities ~grecment citing the fact that alcoholic heverages arc not wanted on thc beach, û concessionaire's a~rcement is not wanted, the hotel operüting Clam Pass Park is not wanted, the County should not lose control over this area, and if there is a need for additional Money for the boardwalk then raise the taxes or have a referendum on it: David ~~nnett, repre~entin9 P~rk Shore Association r:ike Zewalk, representing Nort~ Naples Civic JI,ssociation Charles reinbolt, represp.ntiT,o l!oorin<:,s Prop...rty Owners .I\ssoc. /1ary Lou Houston, reprcf''Jnting Seilgl'lte Property Owners and F.ea0¡ate Re~c~ Club Tape '6 Ch;Jrlotte :··...stma~, r~prc" entinrT LCClCTU... of ":omp.n Voters Comlnissio~er V05S <:;,ucstioned if a prof'o!'Jal coul'" he construct'?(] to the effect thð t the concp.ss ionai re, i n /!~d i t ion to perccn tages on the sales, would also provide ~oney to be contributecl toward the boardwalk, to >¡hich County ',tto!'n...y f.nunders replier' affirmatively, adc1in~ that it can be decided what type of concession is wanted and thcn that agree- ment woulð be ~dvertiseð to sce if there is anyone in the comMunity thût would be willing to acc('pt it. He stated that it is the County's ~roperty and ortion to ¿eci~~ how it i~ goinrT to be operate.... Commissioner Pistor stated that if the alcohol issu9 had not be'?n rage 20 ,"" f - - - ·-'___"''''''''¡''''"'r~_-..._~___....,~,~__",. ~....,.~,." '_"'_~._"..~."".,."*,--","'-"",",..,_..._,,,,..._,,,,,-,-,,«.,,,..,,.~..."..~,..,.,-,., '. , . ,:,;,1~"'" " ~ . .... i . ',,"~' ,,:_. . .1:. I I I 1""1 J ~ .íl.J,J .' ~.l 'I~ ~ 092 P1f,£ 138 It.. 121. ',' Febr~ary 4, IgP6 " ..1. "', -. WILLI1.M BARTON, THOMAS SHIELDS, AND VIOLA BARCLAY APPOINTED TO THE SOLID WASTE ADVISORY COMMITTEE Administrative Assist~nt Israelson stated that this i. a r.~uP-5t for appointments to the folid Ha.te .advisory Comraitte., or'Jdin<¡ t.hat ~¡r. Barton and ~Ir. Shields h~ve expressed their interest in ~ing reappointed. She noted that Mr, Archibald has advised that he do.s not wish to be reappointed. She indicated that the ~olid Waste Advisory . . Committee hfts recommended that Mr. William Barton and Mr. Thomas Shi.lðø be reappointed and that rlrs. Viola Barclay be appointed in the place of t1r, ^rchibald. Co..is.ioner Voss .oved, seconded by Co.missioner Ha..e and carried unanimously, that Mr. William Barton and Hr. Thoma. Shields be reappointed and that Mrs. Viola Barclay b. appointed to the Solid Waste Advisory committee., 'Q';;,,¡!" Item 122 , " "I MR. JEFF PERRY TO ATTEND THE SOUTHWEST FLORIDA REGIONAL AVIATIOR SYSTEMS PLANNING PROC£SS MEETING COMmissioner Pistor auestioned what this cOMmittee is all about ~nd what they do? Aðministrative Assistan~ Israelson state~ that she spoke with ~'r. Perry regarding this matter, adding th~t this is an organizational meeting and those that attend this meetinq may not nec...arily be on the committee. She stated that other :counties are sending .' {,O" Commissioner, someon. froM TrahsportAtlon, 'or another staff~ember~' She stated that it is up to the Commission who tÞey would like to have atte¡1d. ' ::!. . Commissioner ristor stated 'that .!~ce', Ilr. perry has be," .i,:,~~iYed with .o~e discusøion on this matter, he woUlð sury~est t~at ~r.' Perry attend this J!1eetinq unless thlJ County r~ðnager or the ^8øisttlnt County Mana~er would. like to ~~. County ~ðnager Lusk state~ th~t ha felt it woul~ be a ~ood irlca for Hr. Perry to attond thi. Meeting. COlllll1uioner Vou IIOved, ,.econ4èd by éOlllliu1~n.r. Hà..~ ~~:,~~ carried unanillou.ly, that Mr. Jeff Perry attend t~e Southwe.t Regional Aviation Sy.tells Planning Proce.. lIeeting. ~; .. . ,1" , " ;;' . ;í~ P"ge 22 ~~'f' C"(·····~11 rV-.t t':· ,~ . "f, " 1-..I(;¡; r(.'~ ... iii,,· 1)""0';: ¡";F~J·'r.\ ~~: ' t~ '.. ~; .. ';~; :,) WQ1'f.!!':,: W: 7:.;;.' . , . , , :. I , I .,; , . . . .. J _Ni>l_·_~_".,~~~··"",,,,~",,..,,,~......,.,."^..,··,·., . ."'....-....'--""'....--.......--...........-., , (;..... ~.,.,~~~~j; ';' ~¡', .~~..;\, " '., ..:;"",'.,.... øf;.i?fj, .(\~~: .1'~-"~t"::;;.. ".ó ,~' )'~. ·~l;~~. .. .. .. ..~:.:. 1" February 4, 1986 . 1.,..,,,," :il(. ... Commi..ioner Vo.. moved, .econded Holland and carried unani.ou.ly, ite.. be adopt.d and/or approved Agendas by Co..h.ioner that the following under the Con.ent ..... Ite. 123 BUDGET AMENDMENT FOR FUND 312 IN ORDER TO RECOGNIZE ACTUM. CARRY FORWARD REVENUE IN AMOUNT OF $201,750. ' It.. .24 EXTENSION OF CONTRACT TIME WITH WILLIAMS , SONS, INC. THROUGH 9/30/86 FOR BID NO, 788 AND AUTHORIZE OBLIGATION OF FUNDS IN AMOUNT OF $30,397.01 RE MARCO ISLAND MEDIAN MAINTENANCE It.. .25 FINAL PLAT OF CORPORATE SQUARE - SUBJECT TO STIPULATIONS ~ {' 0.-- I , '" 1. Final Plat not to berecordeð until the required i.prov.ment.-~, have been constructed ànd 6ccepted or until approved .ecurity is received. .;'~ Ite. '26 . . : ; 'H, ; ~';'¡\hl(, ROAD IHPROVEMER'l' TO PORT AU PRINCE ROADS AS BUDGETED IJI' "1985/86 AND TO OBTAIN ADDITIONAL RIGHT-OF-WAY It.. '27 LEASE AOREEMENT FOR REPLACEM£!.'!' AHBtlLANCE (1986 FORD £-350 WHEELED COACH, TYPE II VAN) WITH BARNI:T'1' LEASING COMPANY, MIAMI, IN '1'BB AMOmrr OF $28,560, CHAIRMAN TO EXECUTE ADDITION SCHEDULES REQUIRED, COUNTY AT'1'ORNEY TO FILE UPDATED AT'1'OJUŒY'S OPINION TO EXISTING MASTER/LEASE PURCHASE DOCUMENT :¡. !((' , " " . 'í( " .0 ~ Note. 'Docullent not received in office of Clerk of the Soard .. . .. of 2/13/86. Ite. .28 t.', 1(' BID '85-931 FOR ONE GAHETIME 1400 SION MAXINO MACHINE AWARDED TO DOMINICA RECREATION PRODUCTS IN AMOUNT OF $2,779 :", t \ \' \\ ....'......., '.- .. "Legal notice having been publi.~od in t~e Naples Daily News on' December 26, :1985, as evidenced· by Mfidllvit of Pub1ication,bid~"".re ,u..~,ec:~1.,ved for Did '85-931 for A sign making machiM until 2s30 p,~.,~.,?:'.},,;. January 15, 1986. Õ~~f t6',;';j;;;:! ,--,. '-" - 2'·' '..:: <.".=':~~;~.:~~~1._ --.~ '-'--;6tg~~~~"·~\r.¢~·', ~,,! '. r ~ ii, ;:.,,, :',' " ~ 1:1',' ."n)I!J,-();,,-¡';', ! r11-: tH...u.Hla.r."JII1r',oOtra~""'."" 1 r·' .', íO~:,r r¡;f'''',: t .,,' ) , "I ¡ .~} aOOK 092 P1~ 139 Page 23 "'''''','·"'''....''''''--~".......,'"'''''..,'''""_'''AO...,....''1iIi'''"'''";.._,','''''...''''_.''',''"'" ~''"'.,''''-,...'''"...".".._-,-''''"¡"..,,'-~-'"''''----".- :~~~~~ " 'i~!, {~'~;O( 092PAr.t140 It._ .29 OUIT CLAIM DEED FOR POLLY AVENm: RIGßT-oP-WAY PROM HvtrrIUG'1'OIf WOODS DEVELOPMENT ;V~· w).~·; ~ ~~\51uøry 4, 1986 t'}~,-,)~~ See Pa9~ 14L~-/~~ It:ea 130 "Î AGREEMENT WITH. DEVELOPER OF WILDWOOD LAKES REGARDING SEWAGE '1'REATMDT ' FACILITIES - SUBJECT TO STIPUIATION , , '" .1. . The Agree_ent docU1llenth found tò be legally sufficient' .' ;j~1'~ ')o,j...¡)~r the County AttorneY.jfor;acceptance by the Board.: ;. See Pac¡es I Jj.J/. - / t/~ " '-'> It.. 131 ... ' : -" t CERTIFICATES 011' CORRECTION TO THE TAX ROLLS :' ~ 7 h ~-,''-' ~, "t ... 191'15 Tax Poll ~ . -, ,< NO! ." l~~ ~h~OU9h 13~, 1,0 \<4,':"'.I~!""'; ·;c j,¡ rß-A::!,'~ ,;(;., 19M Tð'¡' 'Þol1 ( . [)a~~d.)2Ì!/8~~i)¥6)~~j;';' , " f;':1 ,1 V MJI!~1"t1\ ¡. No. 237 ~ 1': Nos. 1985-116 and 117 'I' ';,Tangible Petsonal ,Property on 19A5 Tax 1'01'1... I" ,¡: ,iit ',:to ; ~- :: - ". ''', ",., rateð 1/24/86,'\:r' ~ated l/l~(a~... _..,___. t~: t, .':, ~..' I .32 EXTRA GAIN TIME FOR INMATÉ RO. 46301 Ite. '~3 4" .. ~ .'," ~-... . ,: -',,; t"t~/;; -';7',:" .'- '....~._, '~_.'*.;,..._...~:--~~,~~: ~.-1. , " ~ , /, "";'. ¡, :'~¡~' !'~'~'~"'" i:,.¡" ¡, MISCELLANEOOS CORRESPONDENCE - PILED AAD/OR REFERRED - " There being no objection,j .~hè ,,~a~t',A~rected that thë following".Z7:: correspondence be filed and/or reterredto 'the vadotur'depa,rtìtenta ,'a.!~/' Inc.1ièa't'ed' bê1oWf"':; , ';"J.:',"¡¡:'?'/P<..!! .,;" L",' M'!'·"'~;,;'H..I(I\tIlt L Letter recdvcd Ol/l4/A6 from C11D'rlic E\. fTu()nell, I':htrict Director, U.f. Dept. of AgricUlture, Ddvising of the reports required hy FmHA re fin8ncin~ ~Iith tneir Ð'Jpncy _ Rderred to Jim Giles, with attl1cnll\ontil and fUeð." ,,:., , ",'"j. 2. Letter dated 01/16/86 from TOM Lewis, Jr. AlA, Architect, Dept. of Co~rnunity Affnirs, adv1sing of. tr^ininq for all parties interested in ~evelopin~ and ctructurinq an F.cononic r.evelopment project - Referred to Pam Srangaccio, Vic~i. , r:ul1ins .and fileð. V¡¡';\vt)¡,)IJI.Uil~1'J 1"'-,·:'1 .;.,:,o;",it,"U. .' !iOn """:¡ '¡:'; Uh q Q~_ 11£1'..11 :ro'I,ItT;\' ¡ ~N" ¡tv.' tørlcr"9d Ç';,I:!t:lt:'l;¡;;U"4 M":;¡ ~IOIj 'J' ""<:\.)\1'107 :"Å ¡;OH\.:t...,C1ùOt' . .. ;i..t. '¡.' .' ~. , PÐge 24 ~"'''''_'''''''';'"'''M'''''·'''''_''''''''·''''"''''¡''''''''I;''''''''''''''"i1''''',,~~", ","~"'" "" ~.'.' ~ _......'"v'. ..0>'" '.......,;'.. ""N,"'" "","~",""'"" ~."";"""'"'''''''''''''''''"''' ~"",".' , , , .' " I' " , , .. .. .. I .. '!, r' " ' " \ February 4, 19Rñ 3. Letter dated ~1/02/n6 (rom Joseph P. Flynn, Jr., Cept. of F:nl!rgy, aðvising of natir:>nwir1c "Itu1j' of i:".novative finl!ncing methods for energy con3crvation m~asures - ~eferrQð to Don LusK, with att~c~~ents anrl filpd. 4. :~ernorl\nðu"l r1at!'è Ol/'J.2/PÇ, fror.1 Pid'¡¡rr' :""i I:h , p.r.., C'hir.f DurC'':¡l1 of "'!stc~·"t(!r '~¿ n'1CT"mpnt "nd "r!'lnto, Tlf':", :1"visinry of public hearing on 2/19/n~ r~ Con~truction Grnnts "rograM Priority "ysto¡,::I for H3st~w"t~r ':'reat::\ent Wor)cs f'ul~ - !\eferr"d to :'eil torrill, TOM Cr,:¡ndl'lll ~nc'! filed. '\. Letter r)"to.j (' 1/:>~/"'6 (ro'" r-:>u<'1.1s Tn Fry, nr.'1, .'!nclol'lin,! short forr. "nnlicðti~n Pile ~o. 11111M32~ which involve9 dr"rlqt> ¿I:'I~ fill IIcti',iti~'1 - "p.EerrC"] to Vic~df.' /'IJ] lins, I"r. Proffitt and filed. 6. rloticf.! reç~ived nl/27/ø,6 froM !,.¡,n" Ifnil "Tl'lter 1\djmHcatory COMmission of Infor~a1 Con!er~nc.. rC' ?in~ 1\ir t~kes ORJ Development Crjer 1:0. AS-Ii and Orr'!inz.:1c,~ A5-67 - Referred to Pal11 Brlfnt:!accio, Vicl':ie "ullin:J I'Ind filcr!. 7. Letter dated 01/21/36 to J"Ir.1es '1iles, from P.rðndt G. ~'at.son, cirector, r:osquito ~ontrol ~istrict, enclosing Annual Financial ~eport and ~udit report for the fiscal year ended 9/30/85. Filei!. fl. ~1el"c dated :)1/?2/86 fr011l "ar!: ~. ':'hiele, Purchasing Director, to County :·1a'1a'Jer Lus)c, re Hea 1 th re!"t. mobile uni t purchased from !larsten Lcllsinq, attachinl'1 '.I list oE firr.>s contðcted who have networ!:inn capabilities in findinq used mohile hoces. Filed. There being no furthcr husineRs for the Good of the County, the merting was adjourned by Order of the Chair - Timel 12115 p.ri. BO~RO OF CO~TY CO~HIR$IONERS/ BOAPD OF ZOrlIl1C; APPEALS/EX OFFICrn r,0VF.P~I~G ßOARD(R) OF SPECIAL CIRTPICT5 UtlD!R }:TS CONT~OL ¡ I I "'tT,E~\~ Jif¡ I) , .~~LIAM-,~.. ,~GI\N, CLFRf< , .... ,: ,:'-;Jr,-", (-I '~ , :;;': ,.t~....,~.....,.. :_ ;~:·-\.'f'¡"Y· ""~',;:;, ñ, -./l-, -~~æ,~:" ('//(~, 4,/,'-_ ',,;0' ""V¡II ..:~. ~ ~_/ ~:~~:~~J¡{t!~ppr eù by the BCC on ~ ~~as , ~ V' \l \\ ' prescn~e~ or as correctø.d I ;..~ , IAN ; lOOK 092 PAGl141 Page 25 If ..: ¡ \.'. " .' , I ~t. . . . . I . . . . -' . , . . . . .' .'