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BCC Minutes 08/24/1982 R _<._.,"""">,k-'~"""'_;"'''''' ,._".,,^......"',. :"¡ '" ~.~.J'Y - ....::~.~.. C.:J .6 -:. .... .~ : ..._J " . " -. - 1. ------------ :¡I í ,,J" t . . . I ' ----_.--;:'-----....;...-----~. ,.' ,- t. , ,~- .... ':'" "" . , I.' .\ ,.. ". . . '/- . Naplcs, Florirll'l, "UQu"t ''', lC}P?' LET IT BE REMEMBERED, th~t the Roard of· County Commissioners 1n and for tho County of Collier, I'Ind nlno acting as the Board of Zoning ~ppeal. and as the governing honrd(s) of such special di~trict. as have been created according to law and havinq conducted business herein, met on this date at 9100 A.M. in Regular Session in Auilding -r- of the Courthouse Complex, E~st Naples, Florida, with the (ollowing memhers pr..ent I CHAIRMANI C. R. -Russ- Wimer VICE CH^JR~ANr Mary-Frances Kruse John A. phtor Cl1 !ford Wenzel David C. Brown ALSO PRESENTr William J. Rftagan, Clerk James C. Giles, Fiscal Officer, Mðureon Kenyon and Elinor ~klnnor (10155 A.M.), Deputy Clerks: C. Wlll1~m Norman, County Ml'lnager: Burt L. Sðundors, County ^ttorneYJ Terry Vlrta, Community Development ~dministrator, Mike ~loehn, Planning Director, Lee Layne, Acting Zoning Director, Terry Clark, Planner, Irving Serzon, Utilitlos Manager, Knute Hðrt~an, Public works ~d~lnlDtrðtorJ Craco "pauldinq, ^d~ln'.trAtlv. AI~. to the Board, and Chief Deputy Ray Barnett, Sheriff's Department. P.g. 1 ¡ODK 010 rAGE S91 ,;",', ~>'.' . ,.,~ - -- ------ -----------:- ------~------------_...._~.. : ·if _____"'", .w.."·,,,~.· q..._,,,.. ~'. ......----.-...--.". \ , . , I , 1"______ If------ ----r----:---:-- August 24, 19A2 ~oaK O?O PACE 398 Tape t1 Itelll '1 ~GENDA - ~PPROVED WITH THE FOLLOWING CHANGES. Commissioner Wenzel moved, seconded by Commissioner ~rus. and carried unanimously, that the agenda bo approved with the followinq chang... a. pr~cl~mðtion proclaiminq th@ we@k of August 28 as Parks' Recreation Wepk, deleted. ,f., b4 Pe.t1tlon CP-fl2-l5C, ,'Jeffrey H. Mo'Inz representing George and Julia Risher, continued to September 14, 1982. c. Petition CCCL-P2-3C, and CCCL-A2-4C, D. T. Tackney, continued to September 14, 1982. d. RepðirInq a burned dock regarding the Youth Guidance Proqra~ added under PublIc Services, 9£2. e. Resolution reqardInq Parks and Recreation fee policy added under County, Manaqer I s report, 9F2. f. 1~C3 under the consent agenda rcqðrding a reøolution requesting N~p1es Airport authority to extend lease of Naples Transfer Station, to be discussed prior to the co~r~nt agenda. Ite~ t 2 MINUTES OF JULY 27, 1982, REGULAR, AND ~UGUST 2, 1982, SPE(l APPROVED AS PRESENTED. Commissioner pistor moved, seconded by Commissioner Wenz~l And carried unanimously, that ,the minutes of July 27, 1982, Regular, and August 2, 1982, Special, be approved aa prGsentod. Ite~ t) PETITION CP-fl'-l~C, JEFFREY H. MANZ REPRESENTING GEORGE AND JULI~ RISHER REQUESTING A LAND USE AMENDMENT - CONTINUED TO SEPTEMBER 14, 19A2. Commi8sioner wenzel moved, seconded by Commissioner Pi.tor and carried unanimously, that petition CP-82-ISC, Jeffrey ß. Manz " . -, Page ~ .\ . . ~'t· 'J . . ...~1 , 'If ._-------------------------------------~~ 'r ..,~\~ ~~',:'~,f .}. -'".-: . ,~~ , / '.~: I ~-~." ~.'. : ,~" ~", ;';/: fI'... ',' · ~t ¡~ " 1.11, , '.'\ . ., " , ~ \ -,,,-' : \ , ,.. 1 '. /.' . I: ,. , .. ) \1' - '.' , ,,-. r:"':_ J ~ . , .... t. , , "', '. ), .. ";- '- /- . . ,J" -....- - - - - --- -- - - - - -.-- -- - - ---- -_..~ ,-- -- -- -------.. ~ II,,! 1I S t 2 41, 1 I) A 2 repre.enting George and Julia nisher requesting a land use .~enðment, be continued to September 14, 1962, a. requested by Mr. Manz. IU- '4 PETITION CP-82-l7C, WILSON, MILLER, BARTON, SOLL , PEE~, INC. REPRESENTING CEMENT PRODUCTS CORPOR^TION REQUESTING ~ LAND USE MENDMENT FROM AGRICU1.TURE TO INDUSTRIAL FOR APPROXIM"TELY 40 ACRES LOCATED 1/4 MILE NORTH OF IMMO~ALEE ROAD AND 1 MILE EAST OF C.R. 951 - CONTINUED INDEFINITELY. Legal notice having be~n pub1inhed in the Naples Dðily News on July 23, 1982, as evidenced by Affidavit of publication flIed with the Clerk, public hearing was opened to consider Petition CP-A2-17C, filed by wil6on, Miller, Barton, 5011 , Peek, Inc. representing Cement Products Corporation, requesting a land use amendment from Aqriculture to Industrial for approximately "0 acres located 1/4 mila north of I~mokalee Road and 1 mile east of C.R. 951. Planner Terry C1ðrk stðted that this Is a request to amend the Comprehensive Plan from ~grIculturÐ to Industrial for approximatel; ~o acre., addlnq that Staff is recommending approval of the request because it would be contiguous to tho source of its raw materials necessary for processing ~nd would be compatibl~ to tho surrounding area. He noted that thore was one letter receIved in opposItIon of the petItion from a Mr. wilford Piper. Mr. Tom Pcek of Wilson, Miller, Barton, Soli' Peek, Inc. stated that he has read the Staff report ðnd is in concurrence with same. He atated that this property is commonly referred to as the ~ule Pen Quarry property, which was originally begun ðS ð mining operation and then purchased by Cement Products Corporation about one yeat ago. He atated that they have a total of approxl~ately l~OO acr~. in the area, Pa9. 3 ~OOK 010 r^cE~99 ----- ----------.----.--------------------- -Tf . . . . .' ". I I , · ,¡ \ I: ¡'J ' :', ...! I' ' I , ' .. ,l;~ ' l~, f,\í~Ji I. 'j I, ,,~; 1 \ . ,~--------------------------------------- ~oc~ 010 PACE400 Auqust: 'rf, r'~7 adding that this request is in order for the ~atorlnls that are ~ineð on site to be converted into finlaheð product rather than transporting tho raw materials to another site for manufacturing. He reported that Cemont Products spoke with ~r. pipor, adding that he now undorstands what their desires are and his objections have been somewhat eliminated. Mr. Peek concluded by stating that there Is a PUD document in process which limits the particular uses of the property. CommisBloner ~rusc stated that this project is directly on top of the new coral reef aquifer and questioned the type of sewago that would be put in, to which Mr. Peek stated that there is not a require~ent for scwage because the only sanitary facllties that would be required could be handled by a septic tank. Commissioner Kruse questioned the potential for indu,¡tr1al waste, to which Mr. Peek replied that there is not any industrial waste of the pollutlnq type, addlnq thðt the only qeneratlon is from earth ~ining ~o crushing of the materials and that run-off goes back into retention ponds within the 40 IIcre site which is being proposed fO,r industrial, but will' not be a potential for industrial waste. Chairman Wimer statod that a study has been requested to delineate the aquifor in the area and ð recommendation reqarding what development standð~~s ahould be imposed to prevent industrial types of uses on top of the aquifer. He noted that asphalt is a pollutant to fresh water~ ~r. Peek stated that In preparing asphalt the hard minerals are, developed from on-site with a sand agQregate and a binder, which is the asphalt that is trucked in and stored In tanks. He noted that the liquid asphalt is not ~anufactured on-site, adding that there 18 a Page .. ~ - -- - ----- -- -: .;.--------------------------- r --..-_.~-_. .. t:"':l r-l --- , . -1 I - ..-- - - - - _.. - - - - - - - - - - - - - -- - - - - -- - - - - - - - - - - - -..... ^ uCJ U!'l t ''', 1 C') I' 7. li~lt.d quantity stored in tanks which have not been consldored to be a source of' poll ut ion for ground water. He rf!portec1 ,that if the tank ruptured the pentration Into the ground would be limited, adding that there may be pentration for no ~OR£ than] feet. He stated that if the consistency of the liquid asphalt was more like water, it could penetrate which could be a cause of concern, but the consistency of the 11quid asphalt should not be a concern as it 18 rather thick. Chairman Wimer stated that he is very familiar with the consistency or asphalt, adding that there Is oil that does separate trom the asphðlt which moves with the water and goes deeper than 3 t.et. He noted that this area is of oxtreme Importance to Collier County as it could havo the largost us.able fr~sh water ~qulfer, adding that the County is trying to determine what types of development should riot be allowed. Chairman Wi~er questioned if the applicant would defer ac~ion on this it~m until the County has completed the findinc,s r~garding the aquifer? Mr. Peek stated that this is a Comprehensivø Plan change, which is the first change and does not give the applicant pormisslon to do anything other than what he is now doing. lie statec1 that the rezoning would be the place to stipulate the particular uses for the property. Chairman Wimer stated that he has a lÐglti~ate concern rogardlng this property, adding that there is no problem with the earth mining activity continuing, but tò interject an asphalt plant, there 1s a concern. Mr. Peek stated in that view of tho comments of the Commissioners, he would accept the suggestion to continue this petition. Page 5 aoo~ 070 PACE401 -.--_--~-- .''4.--: -----.....------- --------- . , I ! \~ . 1/1 I ¡ , I S ~ ; II . : I rl 117 , : . , , ,--------------------------------------- August Z~, rern taOO~ 070 PACE 402 Chairman Wimer indicated ho would be happy to see how quickly the mattor could be resolved, addlnq that thero 1s no intention of holdlnq up hi. cliðnt. Commissioner ~ruse moved, seconded by Commissioner Brown and carried unanimoualy, that the public hearing regardinq Petition CP-82-l7C, Wilson, Miller, Barton, Soli' pe.k, Inc. ropre.entinq Cftment Products Corporation requosting a land us. amendment fro. Agricultural to Industrial for approxmatelY'40 acres located l/4 .il. north of Immokalee Road and 1 mile eaat of C.R. 951, be continued indo fin i tel y. Itelll . 5 PETITION Cp-A2-2?C, COLLIER COUNTY PLANNING DEPARTMENT REOUESTING A LAND USE AMENDMENT - CONTINUED TO OCTOBER 2~ 1982. Commissioner Wenzel moved, seconded by Commissioner pistor and C.H r i.d unðn imousl y, thðt p"t i t iun CP·,82-22C, Coli hr County Planninq ~partment requosting a land use amendment from Institutional to Industrial for approximatelY 10 acr.. locateð along the south aide of Davia Boulevard ftpproximately 1 ~lle east of ^irpcrt Road b. continued to October 26, 1982. It~1II '6 ORDINANCE P7-7Z RE PETITION CP-82-l9C, LF.N BERLIN REPRESENTING ELVIN AND RUTH TOWNSEND REOllE5TING A LAND U5f. Mø\F.NDMENT FROM RE5tDlN'tI^L MEDIUM DENSITY TO COMMERCIAL FOR APPROXIMATELY 2 ACRES LOC^TED SOUTH or WIGGINS PASS ROAD ON THE EAST SIDE OF U. S. 41 - ADOPTED, SUBJECT TO STIPULATION. Legal notice having been published in the Naples Daily News on July 23, 1982, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition Cp-e2-19C, filed Page ~ . . ---------------------------------------- r r.~,,_ ! ----'¡ I I I I , ... ,J . . ..I' _ _':'- _ _ __ _ __ _ _ _ ____ __._ _ _ _ _ _ _ _ _ __..:. _ _ __ __ __ ___1.. ^ugust '01, lon7, by IAn Berlin representing Elvin al'1d Ruth 'ro~send, requesting a land uae amendment from Residential ~edium Density to Commercial for approximately 2 acres located south of Wiggins Pass Road on the east sid. or: U.S. 41. Terry Clark, Planner, stated that tho petitioners are requ~sting an amendment from Residential Medium Density to Commercial for approxlmðtely 2 ðcr~S, indicating the general location on "n' overholld ~ap. He reported that Staff is recommending denial of the request due to the fact that it would promote strip and spot commercialization in that area, addinç that it is not l"rge enough to allow for an internal circulation, therefore adding another entrance to U.S. 41. He noted that thore are 351 acres presently zoned for Co~merclal use in North Naples which are undeveloped. He concluded by stating that the CCPA considered this request and by a vote of ) to 1 recommended approval, adding that there hðs been one letter of objection and one letter ~õ favo. of this request. Commissioner Brown stated that he could not understand why the Planning Department is recommcncHng denial, to which I'1r. Clark stated that his recommendation is based on the (act that there is enough existing Commerical proporty in the North Naples area and that particular piece of property consider.d spot commercial use according, to Ita sIze which would be against the goals and objectives of the Comprehensive Plan. Commissioner Brown stated that it is not v~lid to recommend against this request because of too ~uch com~ercial property. Co~mlsslon.r Brown ~oved, .econded by Co=missioner ~rU8. and paq. 7 ~OOK 010 PAc£403 _ _ _ _ _ _ _ _ _ _ ~ __ _ _ _ _--:-_______:..-:--___ _ -z-------- -- - - ~~'f .f . tI , : . -------------------------------------.....;..-- ~OOK 070 PACE404 August 24, 19B2 carried unanimously, that the publ~c hearinq be clos.ð. Chairman Wimer stated that there ðro two pieces of Commercial, on. MHSD, and one Agriculture, adding thnt Commercial is not tho same use of the area. He qucstioned if there has been any discussion regardinq using a common entrance to alleviate the trðffic concerns to the three pieces of Commercial if this request is approved, to which Mr. Clark stated that this question was never aðdrossed. Chairman Wimer stated that this should be done and the problem would be solved. Commissioner Brown moved, seconded by Commissioner Wl~er anð' carried 3/2, (Commissioners Wenzel and pistor opposed), that the Ordinance as numbered and entitled below be adopted and ontered into Ordinance Book l~ with the stipulation that thero be ð common entrance to all threo pieces of Commercial prop.rty. ORDINANCE 82-72 .a.N ORDIN^NCf. ^Mf.NDP'C ORDIN"NCE 7~-~2, THE COMPREHENSIVE PL^N FOR COLLHR CNJNTV, FLORIDA, BY JIIMENDING THE .WORP; STunv "REA ~^P t~ FR0M RESIDENTIAL ~E~tl~ DENSITY (O-~.7.2 UNITS PFR CROSS ACRf) TO COM~ERCIAL ON TAt FOLLOWING DF.:'CRIor.r PROPERTY: APPROXIMATELY 2 ACRES IN ~>f~CTION 1'), TCWNSflIP 4A SOU1'II, R~NGE '5 E"~T MOR! PARTICUL^RLY DESCRIBED HEREIN, AND PROVIDING AN EFFECTIVE DATE. Item '7 ORDIN^NCE 82-73 R~ PETITION R-82-23-C, FLORIDA POWER' LIGRT, RF.OUESTING REZONING FROM -E- EST.a.TES TO -PUD- FOR 12+ ACRES LOCATED AT THE NORTHWF.ST CORNER Of 15TH "VENUE S.W. AND C.R. 9Sr - ADOPTED, SUBJf.CT TO PETITIONf.R'S AGRf.EMENT. Legal notice having be~n published in the Naples ~ily NewS on July 23, lQA2, as evidenced by Affidðvit of publication filed with the Clerk, public he~ring was opencd to consider Petition R-R2-23-C, filed by Florida Power' Light, requesting rezoning from -E- Estates to -pun- Pð9. 8 c:::--.-) L..._J - ...... -..~"... . . f ---------------------------------------.... " U<J US t ?''', 111 A 2 for 12. acre. located at the northw~.t corneT of 15th Avenue S.W. and C.R. 951. Lee ~yno, ^ctlnq zonIng DIrector, stated that the property in qu.stion is approximately l300 feet north of Golden Gðte City on the we.t sIde of 951. She stated that Staff and all County advisory agencIes have recommended approval subject to the stipulations in the executive summary, adding that the Planning Commission also recommended approval b~sed on the stipulations. Co~mlssioner Wenzel moved, seconded by Commissioner Pi.tor and carried unanimously, that the public hearing be closed. Commissioner piator moved, seconded by Commissioner Wenzel and carried unanImously, that the Ordinance as numbered and entitled below be adopted and en~ereå into Ordinanc~ Book 16, subject to the PetitIoner's Aqree~entl 0RDINANCE 82-73 AN ORDINANCE "MENDING ORDIN^NCE A2-2 THE COMPREHENSIVE 20NING REC:UL^TIONS FOR Tllf. UNINCORPC'RATED ^Rf.^ OF COLLIr.n COUNTY, FLOR t f:'A BY "MENDING TilE ZONING "TLAS MAP NUMBER 49-"" BY CH!\NGItIG THE ZONING CL"SSIFIC^TION 0'" THE HEREIN DESCRIf1fD nElIL PROPERTY FROM -E- TO -PUD- PLANNF.D UNIT DEV~LOPMENT FOR FP¡t SERVTCE !\ND CONSTRUCTION CENTER LOCATED ^T THE ~M CORNER OF C-951 AND 15TH AVENUE SW/ AND PROVIDING AN EFFECTIVE DATEI Page 9 ~oo~ 070 PA~E405 , . ........ '," _____________________________________,ìl~ , : .. ' . ." i " . . , "L~' . .. .",.., .. . , . - ~. ~~ ." :-. ~ .. ,- - , . ... ~. ,. ~ ','" . ' ',,~, ....P'_.. , . . . ,. \ ~.. ~.. ..' '- . /- .J' . . ------------------- ._--------~----------- A ug us t ? 4 , 1 9 A 2 It.1II '8 ORDIN~NCE B2-74 RE PtTITION R-82-24-C, MICH~EL MICELI REOUESTING REZONING FROM -RMF-~R TO RRMF-16R FOR FOUR LOTS LOC~TED ON THE WEST SIDE OF VANDERBILT DRIVE, SOUTH OF TIPTON'S MOTEL - ADOPTED, SUBJECT TO PETITIONER'S ^GREEMENT. Legal notice having been published in the Naples Daily News on July 23, 1982, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition R-82-24C, filed by Michael Miceli, requesting rezoning from RRMF-6- to -RMF-l~R for four lotI: located on the ,,:.,st side of Vanderbilt Drive, south of Tipton's Motel. ~ctlng zoning Director Layne stated that this request is to build 10 units at a density of lO.2 units per acre, adding that earlier this year the BCC approved the Comprehensive Plan change to High Density. She stated that Staff is recommending approval subject to stipulations A-D ~f the executive summary. She concluded by stating that the Planning Commission recommended denial 4 to 2. Commissioner Wenzel ~oved, seconded by Commissionor pIstor and carried unanimously, thðt the public hearing be closed. Co~mi8sioner pistor moved, seconded by Commissioner ~ruse and carried 4/1, (Commissioner Wenzel opposed), that the Ordinance a. numbered and entitled below b. adopted, and entered into Ordinance Book 16, subject to the Petitioner's Agreements ORDINANCE A?-74 AN ORDIN^NCE ^MENDI~G ORDINANCE P2-?, THE COMPREHENSIVE ZONING REGULATJONS FOR TilE UNINCORPORATED AREA OF COLLIER COUNTY ~Y A~ENDING THE ZONINl. ~TLA5 ~^P NUMBER 48-25-q ~Y REZONING TilE FOLLOWING OESCRTBED PROPERTY FROM RMr-~ TO RMF-l~ FOn ^prRoxtM^TELY ONE (1) ACRE LOC^Tr.O ON THE WEST SIDE OF VANDr.R~rLT DRIVE SOUTH OF TtrTON'~ Ar~RTMr.NTA TN VANDERRTLT BEACH AND 8Y PROvIDING AN f.FfF.CTIVE D^TE. Page. 10 ~OOK 010 PACE 409 ------------,....-- -------""":'T' >~ .. ,~ I ;\ I : . , I, :,J;.'~"~ :' '.' ¡ -I "', r. . ~ 'r~ < ¡ ,,'~+' if ~: -------. r;..,,,-. .l ~., - ,/ ' , ----------------------------------------- ^ugust ''', lQA2 Item .9 ORDINANCE A2-75 RE PETITION ZO-A2-7, WORLD TENNIS CENTF.R, REOUESTING AN AMENDMENT TO THE UTILITIES LANGU^GE SECTION OF THE WORLD TENNIS CENTER PUD AND A 1.E^SE WITH COLLIER COUNTY MID THE OWNER OF THE DEVELOPMENT THAT THE COUNTY WILL LEASE FOR OPERATION AND MAINTENANCE THE C01.LECTION SYSTEM TO THE PROJECT OWNER OR HIS ASSIGNS FOR THE SUM OF SlO.OO PER YEAR - ADOPTED, SUBJECT TO AMENDMENT OF THE pun DOCUMENT. Legal notice having been published in the Naples Daily News on August 5, 1982, tiS evidenced by Affidavit of Publication filed with the Clerk, public hetlring w~s opened to consider Petition ZO-82-7, World Tennis Center, requesting an arnendmont to the Utilities Lðnguage section of the World Tennis Center PUD and a lease with Collier County and the owner of the developmcnt that the County will lease for operation IInd maintenance the collection system to the project owner or his assigns for the sum of SlO.OO per year. Acting Zoning Director Lðyne stated that when their PUD ordinance was originally ðdopte~, the stipulntion was placed in the document that the sewer plðnt IInd land hlld to be dedIcated to the County, adding that since the Boðrd hils c h II nC] ed the policy regarding, this matter, the petitioner has submitted the PUD change to ref'\ove the stipulations. She sttlted that stipulations A-C in the executive summary arc st ill re~ommended to be placed In the PUD document, concluding that the Planning Commission has recommcnded approval. Commissioner Wenzel moved, seconded by Commissioner ~ru.e and carried unanimously, that.the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimouely, that. lea.e with Collier County and the o~er of the development that the County will lease for operation and Page 11 !OO~ 010 PACE41i t¡.t\ ¡ 1 I . ~-------~----~~--~--------------~ . t· " ~ f ! , \ . ":J_ _____-___ ----------------------------- , , ~OOK 010 P^CE 412 August 24, 19~2 maintenance the collection system to tho project owner or hi. a..lqna for the sum of $10.00 per year be approved and that the Ordinance .. numbered and entitled below be adopted, and entered Into Ordinance Book l6, subject to amendment of the PUD documentl ORDIN1-NCE 82-75 AN ORDINANCr. AMENDING ORDINANCE R2-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THF. UNINCORPORATED AREA OF COLLI ER COUNTY, FLOR IDA BY M1ENOING Tllf. ZONING ATLAS MAP NUMBfR 49-25-1; BY CHANGING THE ZONING C,f..ASSIFICATION OF THE HEREIN DESCRIBfD Rf.^L PROPERTY FPOM -PUD- TO -PUD- PLANNED UNIT DEVELOPMENT FOR \'IORLD TENNIS CENTF.R LOCATED ON TilE E^ST SIDE OF AIRPORT ROAD ACROSS FrIOM PINEWOODS SUBDIVISION, AND PROVIDING AN EFFECTIVE DATE. Ite" '10 PETITION R-82-25C, IMPERI1-L LAKES REOUESTING REZONING - CONTINUED TO SEPTEMßER l4, 1982. Commiesioner Wen~el moved, seconded by Commissioner ~ruse and carried unanimously, that petition R-82-25C. Imperial Lakes requestlnq rezoning, be continued to September 14, 1982. ItelD '11 PETITION R-BO-3-C, HUBSCHMAN ASSOCIATES REOUr~TING REZONING FROM -~-2· AND -RMF-~- TO -PUO- FOR 48.7 ACRES LOCATED ON THE SOUTH SIDE OF DAVIS BLVD. EAST OF SCOTTY'S - CONTINUED TO SEPTEMBER 14, 19S2, IN ORDER rOR THE PETITIONER TO INSERT TilE CORRECT STIPULATION IN WRITING REGARDING THE UTILITY COMPANY CONSTRUCTING, MAINTAINING, AND OWNING THEIR OWN W1-TER AND Sr.wER FACILITIES. Legal notice having been published in the Naples Daily News on July 23, 1982, as evidenced by Affidavit of publication filed with the. Clerk, public heðrinq was opened to consider petition ~-80-3C, filed by Hubschman 1-ssoclates, requesting rozoning from -A-2- and -RMF-6- to -PUD- for 4A.7 acres located on the south side of Davis Blvd. east ot Scotty'S. Page 12 . ~- -- -- - - - - --_..: :'--------------------------.... r" , . ----------------~--,~--------------------~ ---- ---~---------:-------.:....;-----":"'""-------.....;.rf ' I . ' . . I" 1 ..., ,I" .. '..-' 7~" ~. ~'~".\" . ,~, . - ..: ~- )- " .... - ( . "IS'" ..,. ~ " w' ... - .' .... . " ;',- I., 0.. ------ I ,. f ,.' r-l ,\. .- '. ", , ' .. \ I . f' /- f A u<J U fI t 2 4 , 1 f) R 2 Acting zoning Director Layne stated that the petitioner i. planning a PUD with ~oo multi-family units with a density of 12 units per acre, lidding that this petition has boen scheduled and continued 8ince January 5, 1982, due to the County and tho Glades working out the franchise question. between the two entities. She reported that the Planning Commission recommended approval in Deco~ber su~ject to the stipulations In the executive summary with the removal of Item -~- which was connecting Palm Drive to Davis Blvd. Mr. Clark Nichols, representing the petitioner, stated that he contlnucs to object to the requirements of Staff relative to the deeding ot the utilities, adding that it is the intention and plan to hcve th~ utIlities constructed by East Nðples Water Systems, Inc. which i. the owner and operator ot the utilities currently serving the area. f!e rtlpo r ted that during the workshop for the utilities lIgreement, it, was his impression that the consensuS of the Board was that it a utility com;')any installed utility 11n08, with its own funds, that it was logical and reasonllble to expect that the utility could continue to own the lines. f!e reported thllt if he wlle correct regarding the consensus, the stipulation should read -that if the utilities are constructed by the private utility company, the dedication language inserted by Staff would be overridden and that utility company could own the system thðt it instðllcd-, lidding that there would be no objection to the dedication, if installed by the developer, being an alternative. Ta pe '2 Commissioner ~ruse questioned the Palm Drive connection, to which pag e 1 3 ' ~OOK 010 PAcE.413 '.. If] I,i~ iïH !~Jl .........--.~-_. ~ . , I ----------- August 24, 1982 ~OCK 070 PAcE41.4 Mr. Nichols stated that it made more sense not to connect it. Lee Lðyne stated that the Plnnnlng Commissioner recommended denial bec.us.' it was felt that with the connection it would become a thru-way for , traffic. Commissioner wenzel moved, seconded by Co~mi8Bion.r ~ruse, that the public hearing be closed. Utilities M~naqer Berzon stated that h~ is not clear about the stipulation with regards to the dedication of the water and sewer lines on aite, ðdding that his recollection of the Board's consensus during the utilities workshop was that the Subdivision Regulations would be adher~d to ðnd that any arrangement that had to be made with a utility would be made beyond that, but not as an alternative. H~ stated that he thought that this would be treated like every other subdivision which is reflected in the language that is Incorporated Into the revised franchise r.greement. Mr. Nichols stated that a utility company, whether ~t is owned by someone developing lands or whethor it is a free standing corporation, is still a separate company. He noted that if that comp~ny's funds are used to develop and create something, that company has every right to retain ownership of that which it pays for and develops. He reporteð that the fact that this utility company is also owned by the Hubschman family does not mDke it any less of a separate company legally and ,that company has to raise money and money has to be put into the company in order to construct improvements, adding that if this i8 done there i. no reason why the company should not have the right to retain ownership for which it has p~id for and constructed. Page 14 --------------------~----------------- T ...\ . )- " ... '. - t,· . ' fl. ., - .. :: ., 'I" '. .. " ., , . " C ....... ..' .. . , ',. .#.. \.- ~ .' .. ,q r , ' ..: : \ '. 1..;,. . . /- ..J -----------------.,...;.--- " . --- - ------ - - - -- - ------ 1\ U1 u !) t , ", 1 <) 8 2 Chairman wimer stated that the point is that tho utility company pay. for lines out of their own funds, which is sepðrato from tho developer, and the developer constructs the lines as part of the development and collect. back the cost of expenditures through lot aale.. Mr. Nichols agreed with Chairman wimer, adding that this company i. a separate company and that company will have to use its funds to construct, maintain, operate, and own the lines. upon call for the question, the motion carried unanimously to close the public hearing. Commissioner ~rU8e moved, seconded by Commissioner Brown and carried 3/2, (Commissioners Wenzel and pistor opposed), that Petition R-BO-3-C, Hubschman Associates requesting rezoning trom -~-2- AND -RMF-6- to -PUD- for 48.7 acres located on the south side of Davia Blvd. east of Scotty·s, be continued to September l4, 1982, and that the petitio~er correspond the document with the franchise agreement and state in writing tho correct wording regarding constructing, ~aintaininq, operating, and owning the water and newer facilities by the utility company. Item 112 PETITIONS CCCL-A2-'3C ^ND CCCL-82-4C, D. T. TAC~NEY REQUESTINC ,. V^RI^NCE - CONTINUED TO Sf.PTEMBER l~, 1982. Commissioner Wenzel moved, .econded by Commissioner ~rus. and carried unðnimously, that Petitions CCCL-82-3C and CCCL-82-4C, D. T. Tackney requesting a variance, be continued to s.pte~ber 14, 1982. Page 15 &oOK 070 PACE 416 -------:.....---.---------------------- . ---,1: .\ i 1 , I , . , ' ---------- &OOK 010 fAc£416 AugUlt 2", 1982 Item 113 PUBLIC INPUT FOR ~UIDANCE RECEIVED BY THE BCC R[GARDING THE PROPOSED US[ OF THE $693,712 FEDERAL REVf,NUE SHARING FUND~ ANTICIPATED FOR FV 1982-!\3 Legnl notice having been published in tho Naples Daily News on August 15, 1982, as evidenced by Affidavit of Publication tiled with the Clerk, public hoarlng w~s oponed to consider public input tor guidance regarding the proposed use of the.$~93,712 Federal nevenu. Sharing Funds ðnticip~ted for FY 1982-B3. Mr. Jðm~s C. Giles, fiscal Officer, stated that this is a public hearing to receive Input from the general public on usos of the Federal Revenue Sh~rlng Funds and Is not to discuss what budget the Board of County Commissioners might later propose for Federal Revenue Sharln9 Funds. Mr. Mike Zewalk, representing the North Naples Civic Association, stated that he desIres that the money be put into the General Fund to reduce the taxes (or ev~ryon.. Thoro being no other speakers, Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that the public hearinq be closed. Item 114 ORDINANCE R2-7~ AMENDING OCHOPEE FIRE CONTROL DISTRICT ~STU BY CHANGING THE REQUIREMENTS RELATED TO THE ADVISORY COMMITTEE AND AUTHORIZING THE DISTRICT TO INCRE^Sf. THE MILLAGf. CAP TO TWO MILLS OF AD VALOREM TAXES AND TO PROVIDE fOR AN INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES BETWEEN TilE COUNTY AND THE CITY OF EVER~L^DES - ADOPTED (SEE ITEM '21) Legal notice having beon published in the Naplos Daily Nows on August 5, 1982, as evidenced by Affidavit of publication tiled with the Clerk, public hearing was oponcd to consider an ordinance amendinq Page U; -- - - - - - - - -- -- - --- --- --.....--------------- ---- r---' I, r-.'.~ , ,..--., . . f - - __ - - - ___ __ - - ___ - - ___,I --------- ----- -----. r"J' .~, l ;' , #- (, :. r~ .: \ ~'~ ~:t 1 III ;J. í ), '~""-'~"--~"-<" ... uq u g t 24, 1 q n ? Ochopee Firo Control District MSTU by changing the rcquircm~nt8 rel~ted to the ndvisory committee and authorizing th~ district to incroase the .illðqe cap to two mills of ad valorem taxes and to provide for an interlocal agreement for fire protection services between the County and the City of Everglades. Mr. Neil Dorrill, Public Safety Þ.dministrator, stated that this is a companion item to adopt and execute an interlocal service agreement between the BCC and the City of Everglades. He .tate~ that this i. the result of a tremendous amount of work and presents itself as a good opportunity for residents living In the eastern ends of the County and within the incorporated cIty limits of Everglades to provide for a paid firefighting service as they will become a contracting partner to the Ochopee Fire DIstrict. He stated that in return the County will receive contractual payments and the use of the new fire station inside Everglades City and the use of the fIrefighting apparatus the city han. He reported that this particular ordinance will ,amend the Ochopee Fire Control District ordInance to provide for one seat on the advIsory co~mittee to be held by a member to be selected by the City of Ev~r9lade8 to represcnt the City's interest. Commissioner Plstor questioned if the millage cap could be raised without a vote from the public, to which County Attorney Saunders replied that he ðssumeS this can be done, adding that the desirous action can be taken and, If there is a problem, he will report back to the Board. Mr. Dorrill stated that OrdInance 75-6 provides for the lcvy to be Issued by the Board of County Commissioners, adding that last year it Peg_ 17 &OOK 010 PACE417 - - - - - - -<-- - - - - - - --- ----------------------~- . " ¡ i ¡ \ . ~---------------------------------------- ~oaK 010 PAcE41.B ^UgUBt 24, 1982 was lncrwased from a cap ot 1 mill to 1.4 mills. He concluded by stating that he is asking for the ábllity to increase tho millage cap to 2 mills when nettded. Commissioner Wenzel moved, .econded by Commissioner Plstor and carried unanimously, that the public hearing be closed. .,- Co~mlssioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the Ordinance 8S numb~r.d and entitled below,' be adopted and entered in Ordinance B~ok 16¡ ORDINANCE 82-76 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 75-6 AMENDING SUBSECTION ~~O (2) OF SF.CTION ONE THEREOF, CHMJGING TilE Rr.0UIRE/oIENTS REU\TE[,\ TO THE ADVISORY CO~MITTEF., AND AUTHORIZING THE DISTRICT TO INCREASE THE MILLAGE CAP TO TWO (2) ~ILLS OF VALOREM TAXES UNDER SECTION 125.01 Of THE FLORIDA STATUTES. Itelll 115 ORDINANCE 8/-77 PROHIBITING THE DISCHARGE OF FIREARMS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT RIGHT-Of-WAY OF THE L-2B INTERCEPTOR' CANAL - ADOPTED. Leg~l notice having been published in the Naples Daily News on August 5, 1982, as evidenced by Affidavit of publication filed with the, Clerk, public heðring was opened to consider an ordinance prohibiting the dischArge of flrc~rm~ within the South Florida water Manage~.nt District right-of-way of the L-2B interceptor canal. County Mðn~qer Norman stated that the proposed ordinance was f pr~pared by the County Attorney's office with the assistance of the County Manager's offlco in response to concerns ~xpressed by rosldents of tha area that there is a lot of trespassing and unlawful discharge of fire~rms during hunting season. Page 18 : ------------------- -' -.- - --- -- --- - - - - -~,... t' - . . _I . ----------------_--.._---------------------~ r,",. ",':',1, ,,', " ~,~ ~. ~, r ..'~. i ,'~ ' ~. " ,,;,1 II !I UI') us t , "', p' p 2 Commissionor Wenzel ~oved, seconded by Commlsøionor Brown and carried unanimously, that tho public hearing be closed. Commissioner Brown moved, seconded by Commissioner wenzel and carried unanimously, that tho Ordinance as numbered and ontitled below, be adopted and entered into Ordinance Book 161 ORDINANCE 82-77 AN ORDINANCE PROHIBITING THE DISCHARGE OF WITHIN THE SOUTH fLORIDA WATER f'\AN^GEMENT RIGHT-Of-WAY Of THE L-23 INTERCEPTOR C^N^L1 FOR POSTING OF NOTICE, PROVIDING PENALTY FOR AND PROVIDING !IN EfFf.CTIVE DlITE. nREARMS DISTRICT PROVlf'ING VIOLATION Itelll '16 ORDINANCE 82-7ß AMENDING ORDINANCE 7B-2 BY AMENDING TAE REN~^L OF CERTIFICATES OF COMPf.TENCY FOR CONTRACTORS, AMENDING THE IDENTIFICATION OF VEHICLES, AND AMENDING THE FEES OF ALL CERTIFICATES OF COMPETENCY - ADOPTED. Legal notice having been published in the Naples Daily News on AuqU8t 5, 1982, a8 evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 78-2 by amending tho renewal of Certl~icates of Competency for contractors, amending the identification of vehicles, and amending the fees of all certificates of competency. Terry Virta, Community Development Administrator, stated that this request to ðmend Ordinance 78-2 would do two things, one, revenuos that are derived by contrðctor's licensing fees would be increased by requiring that these fees be paid on an annual basis, and two, contractors would be required to mark their vehicles with their name, business name, and contractor's licensing number. He reported that the second item would be a mean8 of advertising for the contractor, adding Pago 19 MOK rno rACE 419 ----------- --------------------...---....---... . I ' , , , · t I, '",' -'--_.,--"~,,,,-"",,-,.., \ . 1_______________________________________ ~OOK 070 PAc£420 August 24, 19A2 that it i. also ð way of enforcing the contractor's licensing require- ments. Commis810ner Wenzel moved, seconded by Commissioner ~ruse .nd carried unanimously, that the public hearing be closed. Commissioner pi8tor moved, seconded by Commissioner Wenzel and carried unanimously, that the Ordinance, as numbered and entitled below, be adopted and entered into Ordinanc~ Book 161 ORDINANCE F\2-78 AN ORDIN"'NCE "'MENDING COLLIER COUNTY ORDINANCE NO. 78-2, PROVIDlf\!G FOR THF: Rf.NF:W^L OF Cf.RTrF1CATE~ OF CO"1PETENCY ANNU"'LLY/ ^Mf.NDING REOUIREMf.NTS FOR THE rDENTIFTC^TION OF Vr.HICLES/ ^~f.NDrNG fEf.S FOR ^LL CERTIFICATES OF COI"1PETE~ICY / PRaVI 01 NG fOR CONFLICT AND SEVERANCE, AND PROVIDING FOR ^N EFFECTIVE DATE. Item 117 PETITIO~ V-82-l3C, THOMAS A. BENKERT, REOUEfiTING A VARI^NCE FROM 14.8 UNITS TO l8 UNITS fOR PROPERTY LOCATED NW OF RIVERSIDE APARTMENTS ON LEE "'VENUE IN OLD MARCO - DENIED. ··FURTHER ACTION T^~EN LATER IN THE MEETING - SEE ITEM .99·· Leqc'll notice hðving been publ1ahed in the Naples Daily NewS on flugust 8, 19A2, and the Marco Island Eagle on Auqust l2, 1982, aa evidenced by "'ftidavitB of publication filed with the Clerk, public hearing w~s opened to consider Petition V-82-13C, filed by Thomas ~. Benkert, requesting a vl'lriance from 14.F\ units to 18 units for property located NW of Riverside Apartments on Lee ^venuo in Old Marco. Acting zoning Director Layne stated that this request was previously considered by the Board on ~ay 11, 19A2, and the reque.t WMS denied. She reported that Staff is recommending denial baaed on the original recommendations. Commissioner Wenzel questioned why l~ units wero not recommended, Page 20 _._--------~-----------------------------~ --,.~ II . ! I . ' ,/ ' ----------------------------_...&..-_---------- .a. ug u s t 7. .1, 1 C') f1 ? to which Lee Layne replied that tho ordinance does not ~llow this and Staff do~s not have the authority to do such. Commissioner Brown questioned what the surrounding property con.isted of, to which Ms. Layne replied that across the street is Commercial zoning which is mainly motel type units which are built at 44 and 32 units per acre. She stated that Model Village to the north is multi-family which was built at 30 units per acre un~er the previous %onlng, adding that the density i. continually decreasing In the area. She concluded by stating that the zoning around Mr. Benkert's property ranges from 16 to 44 units per acre. Commissioner Kruse questioned why the decima18 are not rounded oft, to which Ms. Layne statod that when the zoning ordin^nce was adopted in January, tho language was there, adding that the duplex areA language was changed so that the units would be rounded oft, as well as the ST language. Chairman Wimer stated that he thought there waS an overall policy to round off decimals, adding that if there is not ~ policy, there should be one. Mr. Thomas Benkert stated that the property across the street 1s presently at 44 units, next door is at 30 units, and tho Riverøide ,next to the property across the street is at 33 units per acre. He stated that this Is the last property in Old ~arco that has not been con- structed on with the exception of one about 1400 feet from this property which is ðbout to be started and will have 33 units per acre. He reported that the average dènsity in Old Marco is 33 units per acre, adding thðt there was a building permit previously issued on this Page 21 ~OOK 010 PAw42i ---------------- ------------'1' . ' I, H , I . , . I, '. ..- --- -----------------------------.-------- ,~ .. . Isl f I" I r~, \ , . . &OQK 010 PACE422 August 24, 1982 proporty for 19 unit. per acre with the pilings already in place. He concluded by stating that he Is asking for l8 units to make it a r~~sonable development. Commissioner wenzel ~oved, seconded by Commissioner pistor anð carried unanimously, that the public hearing be closeð. Commissioner Brown ~oved, seconded by Co~mi8sion.r wimer, that Petition V-82-13C, Thomas A. Benkert, requesting a variance fro. 14.8 units to 18 units for property located NW of Riverstde ~part~.nts on Lee Avenue in Old Marco, be approved. The motion tailed 2/3, Commissioners piøtor, Wenzel and ~ruse opposed. Commissioner Wenzel made a motion to grant 16 units and Commis- r sioner ~ruse seconded the motion. Commissioner Brown questioneð if the petitioner would be ðcceptab1e to 1(, units, to whIch ~r. Benkert atatod that l~ units would not be sufficient. Commissioner Kruse withdrew her socond and Co~is8ioner Wensel withdrew his motion. NOTE! See action taken later in meeting. Item '18 STATUS REPORT REGARDING THE UPDATE Of TnE COLLIER COUNTY COMPREHENSIVE PLAN - NO ACTION TAKEN. Mike ~1oehn, P11'1nninq Director, stated that this is a status report on the updating of the Collier County Comprehcnslvo Plan, adding that this project w~s begun in late 1981 ðt which time th~ project was divided into four separate phases which are Data Collection, Update of Goals, Objective and policies, and Adoption and Implementation. Ae Page 22 .----------------------------------------- . ',' I· r -_....._",--~-,.-,"".,',~",..,.-".-','".- ..,". , ¡ -- --"----., I J . . ..J .: -~~-------------------------------------~. ¡"uqust ''', lC}f12 stated that Terry Clark, Plftnner, would explain Phase I, the Data Collection. planner Clark stat.d that in updating the Comprehensive Plan, 11 communities were developed which are called work study areas, indicat- inq thom on the overhead map. He reported that he Is in the process of projecting future land use needs by population projectIons. County ~anaqcr Norman stated that the establishmont of the communities is very significant because it can tie back to data that involves other county activities, for examplo, fire departments, sheriff's department and parks and recreatIon. Planning Director ~loehn concluded by stating that the goals, objoctions and policies have been reviewed by the Planning Agency. ChaIrman Wim~r stated that if there are no questIons from the 6Qard members, the Planning Department Is to continue with the update of the Comprehensive Plan. Itell 119 PETITION FP-8l-22C, THE PRESERVE OF WYNDEMERE LOCATED IN THE NORTHWEST PORTION OF WYNDEMERE SUBDIVISION - ^PPROVED WITH THE fiTIPUL^TION. Acting Zoning Director Layne stated that this petition Is for the Preserve of Wyndemere. adding that the Engineer Department has co~pleted revIew of the construction drawings and has recommended approval, as h~s Staff, subject to the stipulations that all the , i~provements have to be constructed and accepted by the County or approved security received before the plat is recorded. Commissioner Kruse ~oved, ..conded by Commissioner Brown and carried unanimously, that Petition FP-8l-22C, The pre.erve of pag. 23 ~OOK 07D PACE4ZS ------------- ----- ,,;,....; -----...,. it- . , . \_--------~~----------------------------- '~OO1: 010 PACE424 A uq us t 2 4 , 1 9 8 2 Wynd.mere, located in the northwest portion of Wyndemere Subdivision, b. approved, with the stipulation that the plat not be recorded until all improvements are constructed ond accepted by the County or until approved security is received by the County. Item 120 LOCAL GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE PROGRAM GRANT AGREEMENT AMENDED ~Y CANCELLING THE AERIAL PHOTOGRAPHY CONTRACT ~ND USING THE GRANT MONEY fOR PERSONNEL COSTS RELATED TO THE UPDATE OF THE COMPREHENSIVE PLAN - ~PPROVED. Mike Kloehn, Planning Director, stated that this item is a r6quest that the Board consider an amendment to the LGCPA Grant that the County has with the State Department of Veteran and Community Affairs. He stated that in the original agreement the DVCA awarded the County $20,000 primarily for use for aerial photography, adding that after being aw~rded the graht, bids were taken and a contract was awarded to Kucora , Associates to take the aerials. He noted that KucerA · Associates was to supply tho aerials by March 15, 1982, but due to weathor conditions the deadline was not met. He reported that, since that ti~o, the County has been informed that the aerials will not be delivered until November of this year. He ntatod that he requested DVCA to grant an extension at which time he was told that an extension was not possible ðnd that the money has to be spent by September 30, 19R2, and all jobs have to be completed by th~t time. He reported that DVCA suggested that the grant be amended by deleting the aerial photography and using the qrant money of $20,000 for personnel coat. that were identified as matching in the grant. He noted that after speaking with Kucera' Associate., a letter from the County indicating Page 24 ,--------------------------------------- . . . r:::1 Cl -: . ' .-I l\ugust 24, 19A2 that the contract be cancelled, would be honored. He concluded by stating tha~ he is asking the Board to direct Staff t~ write a letter to Kucera' Associates requesting cancellation of the aerial photography contract¡ that the Board authorize the Chairman to sign the above mentioned amendment to the LGCPl\ Grant contract; and that the Board request the Fiscal Officer to prepare any necessary budget documents. Commissioner wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the Local Government Comprehen3ive Planning ^..istance Program Grant Agreement be amended by cancelling the aerial photography contract¡ asing the grant money for personnel costs related to the update of the Comprehensive Plan: anthorizing the Chairman to si9n the amendment to the LGCPA Grant contract: and authorizing the riscal Officer to prepare any necessary bndget documents. Page 25 ~OOK C170 PACE425 .~.~'...._.... I" , . I , i . , ( J , . "r ----.,;'. 'T ' ~'_"-.'-"'''.''''''''''''''''¡ \ .. . ^ugust 24, 1982 &OO~ 0;0 PACE432 ---RECESS IBIBB ~.M. ~ RECONVENED IBI10 ~.M.··· Tape '3 Itelll '21 INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES BETWEEN THE BCC ~ND THE CITY OF EVERGLADES ~ APPROVED. Mr. Neil Dorrill, Public Safety Administrator, s~ated that this is the actual contract between the Board of County Commissioners and the City of tverglades. He stated that the only change is that the contract for operational and fiscal reasons wiil be effective October 1, 1982. tverglades City Mayor stated that this is a milestone for the City of tverglades, adding that he appreciates the cooperation of Mr. Dorr11l and t¡opes tt¡at t~lls will work out for all. Commissioner Wenzel moved, seconded by Commissioner Krcse and carried unanimously, th~t the Interlocal ^greement for rire Protect1ðn . Services between the BCC ar,~ the City of Evergladeg, be approved. Page 26 . .. fJ . . ~. i:~f1 , I i] .J. I, . \ r: . '.... - ------- - -------~---------------~----- ~ODK 010 PACE436 A ug us t 2 4 , 1 9 e 2 Itell 122 CHANGE ORD!R NO. 1 TO ROSS/!ARENXR~TZ IN THE AMOUNT or $3,250 TO PROVIDE FOR CONCEPTU^L CHANGfR IN THE JUSTICE CENTER PROJECT - APPROVED. MR. SPAULDING DIRf.CTED TO PREPARE A MASTER BOO~ FOR COMMISSIONERS INFORMATION INDICATING DESIGN CHANGE ORDERS AND A COpv'or THE LETTER FROM THE STATE GIVING APPROVAL or SUCH PLANS. Mr. Dorrill, Public Safety Administrator, stated that this item 1. associated with the Justic Center project. He reported that thil 11 the first design chango order in over a year. He stated that throughout the procðsS the County is required to get approval by the State Department of Corrections on the design and construction concept. of the jail. He stated that there is a particular area in the jail that is a maximum security aroa for people who are criminally insane, wounded, or ill, adding that this area is a small five cell area that has a nurse and acts as an infirmary. He reported that, as a result of establishing this area within th~ jail, the Sheriff will not have to use the Naples Community Hospital as often to house ill or woundeð prisoners. He noted thðt at the State's direction, they have asked the County to add two additional cells to this area, adding that from a budgetary concorn this will not affect it. He stated that as the owner, the County has the ability to add or dftlete items without adding cost to the budget at this time, adding that he is asking that only the architect be compensated for the extra design services for the two ad&tional cells. He stated that the total design cost is not to e~ceed $3200. Commissior.er ~rU8e stated that she would appreciate Ms. Spauld1n9 starting a master book of design changes that are approved by the BCC along with a copy of a letter fro~ the State indicating that they Page 27 ._----------~----------~---------------~- . __ - - - - - - __ __ ___ - - - - _______ __ __ - - ______ - __t. r:-.. J r-l l.___.... AuquPlt "11, 19A' . . - I ,1,...._..... f paqe 28 MO~ 070 PAtE431 -------- -------------.....-----....... approve of the County'. plans, to be placed ~n the front of the ~aster book and to be kept in the Commissioner. office at all time., to which Chalr.an Wi~er ð1recteð ~s. Spauldinq to attend to the ~atter. : Co.ml..ioner Wenzel ~oved, seconded by Commissioner Kru.. and carried unanimously, that Change Order No. 1 to Ross/Ehrenkrantz in the ..ount of $3,250 to provide for conceptual change. 1n the Justice Center project, be approved, thereby Increasing the contract to $1,702,708. . , ..~ ~ -----_..-.-----~ . ,,:P . f . \ . , . . ~ ..,... .., I '.. j ' I ..,~ ... ~ r ,.' ' , . ," . I- , ... " --, ----------------------------------------- ~ t.... .J : \ , ,/ __ _ _ _ _ _ _ _ _ __ - -----,-----------:--:---:-------:------- - -- - ~r , f " '. '. , ~ I.'. , . /- .1" .II uq u s t 2 ", 19 B 2 ¡Ua . 2 3 BID 1598 FOR B~·IVIEW P~R~ LANDSCAPING ~ND IRRIG~TION, RE~ECTED - TO BE REBID. Legal notice having been published in the Naples Daily NeWS on ~uqust 3, 1982, as evidenced by Affidavit of publication filed with the Clerk, bids were received for aid '598 for aðyvlew PÐrk tðndscaping and Irrigation until 2r30 P.M., .a.uguat 18, lQS2. Co~mi88ioner ~ruso moved, seconded by Commissioner Wenzel and carried unanimously, that Bid .598 for Bayview Park Landscaping and Irrigation, be rejected and rebid. nera '24 BID '597 FOR COURTHOUSE GROUNDS MAINTENANCE AWARDED TO SPAR~EY'S MAINTENANCE CORPOR~TION, BONITA SPRINGS, IN THE ^MOUNT OF S42,0~O. Legal notice h~vlng been published in the Naples DAily News on July 16, 19B2, as evidenced by "ffldavlt of publication filed with the Clerk, bids were received for BId '597 for Courthouse grounds ~aint.nðn("t" until 2130 P.M., .a.uguat 11, 1982. County ~anager Norman stated that this is being recommended to be awarded to the low bidder. He stated that after his review, he is recommending that the herbicidal application be done at least once a year and that the bid be awarded to Sparkcy's Maintenance Corporation. Com~iS5ioner wenzel moved, seconded by Commissioner Brown and carried unanimously, that Bid .597 ¿or Courthouse Grounds Maintenance be awarded to Sparkey's Maintenance Corporation In the amount of $42,080, upon receipt of an Insurance Certificate and based on the a.ended bid specs to include at laast one herbicidal application for approximately $600 and one additional cutting of the ~ail site for Page 29 bOOK 070 PACE4,g . , .. , . . ---------------- -~------------------ &OOK 010 p^tE440 AugU'Jt 24, 1982 approximately seo, as recommended by the purchasing Director to be the low bidder anð In the best interest of the County, and that the Chairman be authorizeð to 8ign and the Clerk to attest the re.ultlnq agr.eØlent. lUll .25 REOUEST TO FILL SECRETARIAL POSITION IN THE ST~TE ~TTORNEY'S OFFICE ~PPROVED. County Manager Norman stated that the POsition of secretary that serves the special prosecutor in the State's Attorney office became vacant in the pnst week. He stated that the contract atates that a CETA employoe could fill the position, adding that tho CET~ regulations preclude using a CETA employee where a regular position would be displaced. He stated that since this is a regular position, it Is felt that a CETA employee would not be appropriate to use. He concluded by. stating that due to the freeze on hiring, he ia requesting that the freeze be walved in order for the position to bo filled before october I, 1982. Commissioner pistor moved, seconded by Co~ml8sioner Wenzel and carried unanimously, that the request to fill the secretarial position in the State ~ttorney's office, be approved. Item '26 REQUEST FOR AUTHORIZ~TION TO PURCHASE A TYPrwRITER ~ND PROVIDE FOR LEGALLY MANDATED PRIVATE OFFICE SPACE FOR THE YOUTR GUIDANCE OFFICE APPROVED. County Manðqer Norman stated that this item was approved the day before the freeze wa. initiated. Commissioner Brown moved, .econded by Commis8ioner piator and Page 30 -----------~---------~---------------~--- (.--oj ~."._J .. . . .J' ! - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -- --'- A uq us t ? t1, 1 9 A 2 carrleð 4/1, (CommlS810ner Wenzel opposed), that the request to purchase a typewriter and provide for legally mandated private office apace for the Youth Guidance Office, be approved. Item . 27 REQUEST FOR 5300 TO REPAIR ~ DOCK WHICH INSUR~NCE DID NOT COVER DUE TO A FIRE FROM ~ POWER BO~T UNDER THE YOUTH GUIDANCE PROGRAM - APPROVED. County Managor Norman stated that in June, the power boat that was donated to the Youth Cuidance Program for use in the Bummer program Þurned at the dock of ð condominium. He reported that the dock space had been donated to the Youth Guidance Program. He stated that it was discovered that the insurance ðld not cover the $300 ùamage to the dock, adding that it did cover the boat for S3l00. He concluded by stating that due to the interest and fairness of the condominium association donating their services, the damage to the dock should be paid. Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that the request for $300 to repair a dock which the Insurance did not cover due to a fire froll a power boat under the Youth Guidance Program, be approved. Ite. . 28 RESOLUTION 82-l19 C^LLING FOR ~ REFERENDUM ON A 55,000,000 BOND ISSUE rOR THE PURCHASE AND DEVELOPMENT OP PROPOSF.D CLAM PASS PARK, CONTINGENT UPON ST~TE APPROVAL OF A "SAVE OUR COAST" GRANT. - ADOPTED. COUNTY MANAGER ~UTHORIZED TO OBTAIN A SECOND APPRAISAL ON THE PROPERTY ~S REQUIRED AY STATE REGUL~TIONS. County Manager Norman stated that the resolution recommends and discusses the basis for a 55,000,000 general obligation bond issue, which i. made up of 53,150,000 as 20' of the County's share to purcha.e '8ge 31 &OOK 010 PACAA! , '/I: ----------------------_..----~~ .. . . . " y- ~ .. . ______________________..r..._________________ BOOK 010 PACr442. ",uquat 24, 1982 the Naple. Cay property. He stated that unless the County has the ~oney, the State will not even considor giving the grant. He noted that this referendum is proposed to be placed before the voters on ~ove~ber 2, 1982. He stated that there is a coat estimate of 1.B ' ~illlon dollars for improvements to the park in order to operate the park without additional costs. He reported that based on Information received from Fischer, Johnson, Allen' Burke regarding estimated C08t~ . for retirement on ð 10 year, 15 year, and 20 year schedule, the ~Oðt favorable Interest rate would be on a IO yea~ basIs which results in ~ £mall spread for mIllage cost on a IO year issue versus a 20 year issue. He atated that the annual cost to taxpayers on a pieee of property assessed at SIOO,OOO for a lO year Issue would be $15.82, adding that the average cost on that SAme piece of property for a 20 year issue would be S12.~5 only a $3.50 improve~ent but a substantial savings In interest cost. He noted that he is pleased by the low coat that would be imposed to implement the project, adding that he would recommend adopting the resolution. Commissioner Wenzel moved, secooded by Co~missioner Brown anð~ carried unanImously, that Resolution 82-119 callIng for a referendum on a 55,000,000 bond isaue for the purchase and development of propo.ed Clam Pass Park, contingent upon State approval of a -Save our CO.lt- grant, be adopted. County Manager Norman stated that he is also asking for approval to receive a second appraisal on the property, adding that one of the requirements of the state In order to qualify for the state grant Is that there be two appraisals within 20' of each other. Page J: ....- -- -- - - - - -- --- --- ---------------------- r I ,-. I II ,J' I . . .' ¡ - ------- -------.....---- -- ------.--:--- ---- --------..- ...........~'-.. EJ 1 Þ'. '. .V.. f". ..' . . . ... , . J " "":" ... . .-..' -';';;': ~. I." t· ' ,'\ ",t.':_ ' , .' ,.:. ~ ~""l ~., '-" ---- ,: ,. .. ~þ , '.... ~ <.. , . .' . ,. \ , -' '. \",*',-"'"'' '," .' '.- ... . . /- ~U(1ust 24, 19"2 , Co.-I..loner Brown moved, .econded by Co~ml..loner Plator and carried unenlmoully, that the County Manager be authorized to obtain a ..cond appral.al on the Cl.. Pass Park property aa required by .tat. r89ulatlon.. '. . Page 33 &OOK 010 PACE443 .-- .J ..__~________ ......____-:--_____ -~-- -- .....---------- . . ' . .' ! ¡ ¡ ! ¡ 1 / ~ .. . , ' ----------------------------------------- acOK 010 PAc£450 ~U9ust 24, 1982 It.1II 129 REOUEST rOR ~ RESOLUTION REGARDING FEES ~ND PROCRAMS rOR ~DDtTION~L PARK FACILITIES - DEFERRED TO SEPTEMBER 14, 19R2. County M~naqor Norman statod that this is a request for the Board to consider an overall policy to help allay fears regarding progra.. concornlng additional park facilities. Ho stated that he cannot guarantee that thore will not be coat to taxpayers, hut a strong ; , atatement and purpose can be expressed that fees, charges, and concession contracts will be used to off-set the cost of operati09 and maintaining park faciltles. He concluded by stating that, since the Board has not had an opportunity to reviow the resoluti~n, it could b. deferred until the next meeting. Chairman Wimer stated that the general consensus of the Board Is that the resolution bo placed on the agenda for the September 14, 1982, lI.eting. Ite. '30 RAW WATER TRANSMISSION MAIN CONTRACT FOR THE COUNTY REGIONAL WATER SYSTEM AWARDED TO BOYCE COMPANY IN THE AMOUNT OF S2,315,097.50 rOR CLASS 51 DUCTILE IRON PIPE OR $~,175,710 FOR CLASS 50 DUCTILE IRON PIPE rOR THE CONSTRUCTION OF A 30 INCH DIAMETER DUCTILE IRON R~W W~TER LINK - AUTHORIZED. Irving Berzon, Utilities Manaqer, stated that this item deals with the construction of the County Regional Water ~ystem. He noted that in the spring, contracts were awarded for the water linfts leadl09 fro. the plant which cnrrled the potable water as well as the contract fOf the plant. He stated that the County had to wðlt for the development of the raw water supply system before they could go ahead with the rav vat~r transmission main. He stated that on June 7, bids vere received Page 3C --------------------- -------------------- ~ r ../ " , ¡ ~ -----------------------------------------~ ~ I t ì I ¡ ---. ..---- ~ " . . .I' ' .' August 201, 1982 which we~e all very favorable. He stated that the 24- main could be uuð until 1990, adding that baa.d on the prices that were received and the hct that a sècond 24- line would have to be put in after 1990, h. 1_ recom~ending strongly that the 30- line be installed at this time. fJe stated that it increases the total co.t by 5700,000, addln9 that it would create a savings of well in .~c.sa of S900,000 for the overall project, plus the added advantages In pumping. He noted that the contractor, who is the low bidder, has agreed that in the event that, the construction i. started basod on a 30- main and it Is discovered that there may bo .~mo monetary problema, the contractor i. willing to drop back at a convenient point approximately 17,000 feet north of the plant and switch to a 24- line. He concluded by stating that he reco~mends that the BOArd authorize the contract to be awarded based on a 30- inch line, Claas 51 ductile iron to the Boyce Company vith the understanding that when the contr~ct is awarded thoy vill agree to reduce the pipe size at a later time, if necessary, due to financial constraints. Commissioner Wen1el moved, seconded by Commissioner pistor and carried unanim~usly, that the raw water transmission main contract for the County Regional Water System be awarded to Boyce Company 1n the a.ount of $2,315,097.50 for Claa. 51 ductile iron pipe or $2,175,710 for CIa.. 50 ductile iron ,pipe for the construction of a 30 inch dla.eter ductile iron raw water line. NOT!. Contract not received in Clerk'. office aa of 8/31/82. 'a98 35 aOOK 010 PAc£451' ,¡ I t: . ~ .. ------------ , ------,-- --:-- -- -:--~__:_----o:- - --------.. I \ , .. I' ·1 ! I . '- ------_._-------------------~ &oot 010 PAcE462 ^U<]ust 24, 1982 It.. . 31 1.CCEPT~NCE 01' THE OWNER~nIP 01' THE -WATER ^ND SEWER F~CILITIEf; I'OR TRI PRESERVE, WYNDEMEnE SUBDIVISION - ~PPROVED. LE^SE AGREEMENT FOR OPER^TION ^ND M^INTEN^NCr. OF THE ACCEPTED WATER ^ND SEWER F^CILITIES FOR WYNDEMERE SUBDIVISION APPROVED WITH CHANGES. Utilities ~anager Berzon stated that this item deals with the acceptance of the facilities at Wyndemore, aðding that when the executive summary waS written, not ðll documents were receivod. He stated that there waS a problem with the Lea~e Agreement but, to his understanding from the County Attorney this data, a compromise has been reached. County Attorney Saunders stated that the p~ragraph that pre.ented some problem in the Lease Agreement was paragraph 11, adding th~t it has boen reworked to reflect that the County is not w~iving any of its rights to chArge system development charges by virtue of the entry of this agreement. He reportcd that the developer has agreed end a dra!t was typed to be inserted into the Lease Agreement. Utilities ~anager Berzon stated that this was an Issue of a court trial some ~onth8 ago where the County lost because of the original agree~ent, adding that this attempts to clarify the position that will prevail in the future. ~r. Thomas ~aloney, representing the petitioner, stated that the problem is not altogether resolved. He stated that the Lea.e .'.greem.n~ wa. in the usual form except for two paragraphs. He reported that he attempted to resolve pðragraph 11 in favor of the County which wa. · very basic disagreement that existod between the County and wyndemere quite some ti~e ðgO. Ho reiterated that County ^ttorney Saunders Page 36 .~------------------------------~------- . ~ I r " ; , '.- t· , , ____~--""""I ' , ~ "'7 ~~ " , , ..J .. ,I , . . /- -- -- - - - - - - - - - - - - - - - - - - - - - - - -::.. - - - - - - - -- - - -...- \ IIq U G t 2 t1, 1 I) R 2 luqqested .o~e chsnq.s that are entirely acceptable to the Dovelopor. He noted that the other paragraph that prp.scnts a problem is paragraph 10, adding that he is entirely satisfied with the first sentence of paraqraph 10, which states that once the lease is terminatod, he will not compete in any way with the County for services to the customers. i I ¡ He Itated that the rest of the paragraph 8uqgests that the county can co.e in bofore it is ready to service the community and, In effect, take over the customers at that time. He noted that this was never agreed upon and is not proper to include in the Lease ~9reement, which 1. always what accompanies the subdlvisionpllltting arrangoment. ße reported that the court trial that Mr. Berzon made reference to read. a. fol¡owsl ·Order to the Judge that Wyndemere shall have the sole right to charge customers served by its water 5ys~em, a system developm~nt charge and other applicable service charges. At such ti~e a. the County's Regional Water system Is completed to tho" point that it reaches the Wyndemere development and begins servicing the Wyndemere development, the district may levy such charges as are provided by law.- He noted that he is perfectly agreeable to living with the Court's decision, adding that Mr. Berzon is suggesting in Pargraph 10 that before the County is ablo to come in and service wyndemere that the County can somehow come In and take over the customers, adding that paragraph 10 goes on to provide that in that eventuality, there will be a certain agreement between Wyndemere and the County as to rel~burse- .ent. He stated that at the time the County Is ready, a specific agreement can be Dade. He concluded by stating that in this situation, there should not be any language included in Pargraph 10 after the paqe 37 ~OOK 010 PACf.t5S -----------------~------~-------~ ---~ . / , . . ..------------------------------.--- --- ~U<Ju.t 2"', r9l'2' ~oo~ 010 PACE454 firat sentence. County ^ttorney Saunders stated that the language in Paragraph 10 provide. that at the time the County desireD to begin taking care ~f . the customers, wh~n the developer does not have the capacity to provide the water, the County will purchase that from the Utility and distribute it to the Utility's customers. He reported that the rest qf the paragraph explains the mechanism for reimbursement to wyndemere for those utility services that would actu~lly ~e purchased. He concluded by stating that, from a legal standpoint, this is not necessary, addin9 that it is simply a policy docislon and a practical decision that the Board and the Utility Division must ~ake. Mr. eerzon stated that the purpose of the inclusion is two fold, stating that In the original agreemont with wyndemere, there is provision for the County declaring that they want to have access to the customers and the other reason is that in order to go ahead with the further stages of the devolopment of the Regional Water System, there has to be a revenue bas. that is supported by customers~ adding that , , there has to be access to these customers. He reported that no one S. suggesting that these customers be taken away from wyndemere without reimbursement for the use of their water facilities. He reported that this is not a legal requirement, adding that he is sugqesting this a. a manago~ent policy. He concluded by stating that from an operational standpoint, it is a desirable feature which does not harm the Wynd...re develoPMont in any way. Commissioner Wonzel stated that he felt thore was vagueness In the original agree~ent, adding that all Wyndemere wants is to ~et theSr , " page 38 ·----------:---------------------------:-1 .J' ·11 ! I J-~~ --, . . I ' ----------------------------------------- Auq u s t ? 4, 19" 2 or!9!nal Investment back for the water plant, which could be done with . stipulation. Mr. eerzon stated that Pargraph 10 is the same provision that has been there which states that the County has the right to declare at such ti~e that they want to take the plant, adding that he Is saying that the ~ounty does not want to take the plant, but to reimburse them for the use of that plant with the opportunity of recovering their costs two ways, in the rates that are eh~rged as well as the system development charges that they would be receiving until the County'. County c~ntr.l syste~ Is installed, to which ~r. Derzon statcd not at I t I l ! t ¡ central system i. there. Commissioner Wenzel questioned if the County would charge these people that are already paying the development chargos again when the this ti~e, adding that the provlDlons in paragraph 11 state that at such tl~e when the Regional Water System comes in, that whatever the County 1. allowed to do will be done at that time. Co~~issioner wenzel stated that the wording could read that at no time will the County charge a second fee to these customors. Mr. eerzon stated that he would recommend against it, adding that whatever is legally applicable at the time, should apply. Ho reported that paragraph II has been resolved and that Pargraph 10 is the concern. He stated that .he feels that the provisions of Pluagraph 10 should be retained in the event that the County has the need for those customers In the interim period and will reimburse them for all the costs they have with regard to the system. Co~missioner Krus. stated that this agree~ent should co~e before paqe 39 aOOK 010 PACE455 ---------.....--.......-----------.-------.............-.------- I .. I:· !; \ : " , I ! I I I I ¡ I ¡ ¡ ~, . " .. .~ I '.: ,;;.~ r( ~r ... ..1<, ;~ ,:f: ,..: ~ ( \ . . .. . ,- ------_.,----------- -- ---- ------ ----------. ~tJI1u.1: 'Z~, !~7 &OOK 070 PACE(S6 the Board by the County ~ttorney with his rational for what he Is recommondlng and why, based on the law. County Attorney Saunders stated that his primary concer~ was with the system development charge, which has been taken care of, addln9 that paragraph 10 1. more of a management or policy type question. ~r. ~aloney stated that the only thing before the Board this date Is the Lease Agre~ment, whereby the County leases back to the developer the lines for a year until the County's central system is ready to work, adding that he thinks certain othor conditions are being attacheð that have to be worked out between the parties by agreement. He stðted that he has to agree with the County with respect to the leased 1In.. in order to operate. He noted that there is a small plat of 8 acre." adding that he would like to start conveying property tommorrow as everything has been developed and the plat is approved, but the utility lease agreement has to be resolved. He concluded by stating that If the sentence, after sentence number one, in Paragraph 10 is excludeð and the amended agreement with respect to Parðgraph 11 ~s approved, the rest of the issue can be approved at a later date. County Attorney Saunders stated that the lease agre.ment should include the lanqu~qe that Mr. Maloney has agreed to, and the solution of the rest of paragraph 10 could be worked out later. He reported that if the Board's pleasure is to approve Mr. Maloney's suggestion, the agreement could indicate that the question of take-over of the cUßtomers and purchase of 5ervice~ will be resolved at a later date, but the language that has been suggested in Pargraph 11 would be included. page .0 ....------------- .- ---- --- - - -- ---------------- r -~ ...,. ---- \ , ,- " 'I· I : . . t ' . . -- - - -- - - - - - ---- - - -'- - - -- - - -- - - - - - -- - -.....-- -"-; ^ uq u s t ?''', 1 ~ p , ,Commiaaioner,wenzel stated that this should not hold up giving the deed. to the people in the development. ~r. Berzon stated that he waS not under the Impression that 'argraph 10 was a big problem. Me stftted that he is prepared to r.1.... whatever i. needed with the Board's approval to get building perIl1t., etc. Chairman Wimer stated that it is not building permits they are concerned with, it is the plat. Mr. Berzon stated that wyndemere has some properties that they vant to connect onto the sewer lines which i. the issue this date. County Attorney Saunrters .tated that assuming ~he motion pass.., he will redraft the Lease Agreem~nt to reflect that Paragraph 11 will be rewordedJ that the first sentence of paragraph lO will remain, and that the other issue will be taken up at a later date. CO~1I1.sioner Brown ~oved, seconded by Co~mi.sioner piator and carried unani~ou.ly, that the acceptLnce of the ownerahip of the vater and ..wer facilities for only the Preserve, Wyndemere Subdivision, b. approved and that the Lease ~gree~ent for the operation and maintenance of the accepted water and sewer facilities for Wyndem.r. subdivision, be approved with the County Attorney redrafting paragraph 11, that the firat sentence in paragraph 10 remain, and that the issue of the take-over of customers, purchas. of .ervlc.., and connecting properties to the sewer line be resolved at a later date. MOTEl Leas. agreement not received in Clerk's offic6 aa of 8/31/82. ....Deputy Clerk ~enyon was r.placed by Deputy Clerk Skinner at 10.55 ~.M.···· Page 41 ~oo~ 070 PACE 451 ~-------~------------~---' I ' I I -- ____...,'t , .'1· t: " .! ; , '\ . .. r \ , , " .' ' .. I _________------~---------JL-------------- .. '" . Î'~' "'DCJU1It: '1f,. 1912 aOOK 010 PACf458 Tape f4 It.. . J2 C~PRI W~TER WORKS PURCH~SE ST~TUS REPORT - NO ~CTION T~KEN Utllit hs ~anager Berzon reported' that the purchase agreement for the Caprl Water work. was forwarded to the Capri Water works appro.i- ~ate1y one and a half weeks ago and thelr attorney called to say that it will be pr.sented to tho Aoard later this week for approval. IU. '33 COUNTY ~TTORNEY DIRECTED TO PREP~RE THE N£CES5~RY RESOLUTIONS TO VALIDATE THE SALE OF UP TO $3,000,000 IN BONDS RE SEWER ~RE~ wA- EXP~NSION Utilities Director Berzon ex?lained his request that the Boa,rd direct the County Attorney to prepare the nec~ssary resolutions to validate the sale of up to $3,000,000 in Bonds for the expanslon of the Treat~ent and Transmission Facilities of the Sewer Service ~rea w~w (North Naples) sewage system. ~e said there i. a possibility that $1,500,000 from the old North Naples surplus funds may be aval1able and another $1,500,000 can be borrowed. Co~1ssloner Wenzel ~oved, seconded by Commissioner pietor, that the County Attorney be directed to prepare the nece..ary reeolutlon. to validate the sale of up to $3,000,000 in Bonde for the Sever ~re. wA- expanslon project. Responding to Chair~an Wimer. ~r. eerzon stated that the surplus funds were accumulated from operating revenues and that the eyete. development charges are money collected over the years from new connections to the systom and are available for this project, addln9 they are only from the North Naples sewer system area. Upon call for the question, the motlon carr led unanl~ously. 'a9- .. 2 ----------------------------------------- I .. ,r LJ -----, ~ . . ..J , . I ~-~-------------------------------------_. August 24, 19"2 It.. 134 rIN~L ~CCEPT~NCE OF WATER AND SrwER LINES IMPERIAL GOLF ESTATES PHASE tIt, $6,500 TO BE CONTRIBUTED BY DEVELOPER FOR ADDITIONAL M~INTENANCE COSTS - ~PPROVED Utilitie. Director Berzon explained that Imperial Golf Estates ha. reque.ted that tho County accept their sewer facilities and that there ia . problem with some of the sewer lines at Imperial Golf Estates in that they have beon installed at less than minl~al grades. He stated this may re.ult in Increased maintenance costs at a lator date and that he has attempted to resolve the situation by requiring the developer to contribute $6,500 toward that additional ~a.lntenance cost rather than r.qui re the developer to tear out the work or have the Count)' accept the situation as it is. ~ short discussion occurred during which ~r. Berzon responded to question~ by Commissioner Kruse regarding why the situation occurred. Mr. Dan Connolly, representing the petitioner, explained that the developer i. willing to pay the $~,500 but would like to have the ~oney returned if the lines function properly over a specified period of ti~e although he said the developer contends that the lines will function properly. Mr. Connolly said another alternative would be to allow the S~,SOO to be taken from $7,000 in system ch~rges which have been paid by the developer, adding that, since the developer Is involved only in selling lots, he would not have any use for the system development charges. Mr. Berzon .aid that the system development charges have b~en spent .. part of the bonding issue and he did not have the authority to do .. Mr. Connolly requested. "', ;. ~ t,~ P.ge 43 ,&,;' ~' . <'t~. &001( 010 PAtE4S9 !:Ii ----------------~---------------~--~-_. . : / ~ . anOK 010 rACE-i60 August 74, I!1tr7 Coaaiaaioner wenzel ~oved, seconded by Commi..ioner pistor and carried, 4/1, with commissioner ~r.se opposed, that final accepance of the Iaperial Golf tstate. be approved wi~h the stipulation that the developer pay $6,58Ø for increased maintenance costs in the fatlre. " I I I I ¡ i I : I : I i ¡ ! I ¡ ¡ ! ; , J . . .. . , ,I" ~ . , , -¡;. . , Page 44 .. ' I I " ~. , - ". - l' ' . . , ..,.. '. ,.. -~ '. f ", o· - I 1 . .'. ..' .. . .- :-l \,'. " .. I "'.. t·_, .. \ I. 1\ ,. -" .... , . /- . , t ~ , ¡. . I ,. ' } 1I.ug ust 24, 1982 'tem 135 ST1I.TUS REPORT Rt FR.a.NCHISt ~GRttMtNT DR"FT .. NO 1I.CTION T1I.KtN Utilities Manager Berzon reported that a draft is ready for the Franchise 1I.greement but that County Attorney Saunders had requested a twenty-four hour delay to make last minute changes. Mr. Berzon said it Is his opinion that the Agreement reflects the Board's sentiments of the meeting of July 19, 1982. :t.. '36 ST1I.TUS REPORT RE GOODL1I.ND W1I.TER SYSTEM, CONNECTIONS TO SYSTEM · 1I.UTHORIZED Utilities Manager Berzon reported that the Goodland water system is not ready for operation because the electrical people are still working on it and that, until the system has been checked out and the mechanical and electrical components are working, no connections can be authorized. He asked if the Board would give tentative approval for the connections, if the system is acceptable and in working order, to the system at this meeting because there will be three weeks until the next meeting and the system should be functional before that time. Commissioner Wenzel moved, seconded by Commissioner piator and carried unanimously, that connections to the Goodland Water System be ..thorized when the system is acceptable and in working order. Page 45 &QOK 010 PAc~46'l . . .. , , ~ .. ---------~- , . ~-~---~---~&_---------~---- ~U9uat :ZC ~ 1982 &OO~ 010 rACl;-4Ø Ite. 137 RESOLUTION 82-120 RE REF~RENDUM ELECTION ON NOVEMBER 2, 1982, ON THE, QUESTION OF WHETHER THE CITY or M~RCO IS~ND SH~LL BE INCORPOR~TED - ~DOPTED County ~ttorney Saunders explained the request for a resolution regarding a referendum election on November 2, 1982 on the questlon of whether the Clty of Marco Island shall be incorporatad. He sald that House Bll1 276 mandateS that the BCC call a referondum election on the question and that he has prepared the neces~ary ref.rend~ docu.enta. Commissloner pistor moved, seconded by Commlssloner Brown and carrled unanimously, that Resolutlc~ 82-120 re referendum election on November 2, 1982, on the question of whether the Clty of Marco Iœland ahall be incorporated, be adopted. ~ . . \ Page 45~ ---------------------------------------- ., I 1 , , r 1 . "''' c-J, " \ " ' ..~..- .... <.~ . ~ III I : , . '__:.:..---- _ __ ____ __ _ __ _._ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ -1-: ," j .' , ~",ÍIt ~-----------------~------~----~-~~------_. ,. t~ I. .' ,. .... .. , ' . . /- ...J ... uq us t , 4 , 1 Q 8 2 , " Ite. '31 RESOLUTION 82-121 nE REFERENDUM ELECTION ON NOVEMBER 2, 1982 ON THE QUESTION OF WHETHER THE GOLDEN G~TE FIRE CONTROL ^ND RESCUE DISTRICT SRALL BE EST~BLISHED ~S ~N INDEPENDENT SPECI^L (GOVERNMENT) DISTRICT - ADOPTED County ~ttorney Saunders explained the requcst for a referendu~ election on November 2, 1982 on the question of whether the Golden Gàte r1re Control and Rescue District shall be established as an Independent .pecl.l district, adding that House Bill 276 mandates that the BCC call . referendum regarding the question. Commissioner Kruse moved, .econdad by Commissioner PIstor and carried unanimously, that Resolution 82-l2i re referendum election on ~ove~ber 2, 1982 on the question of whether the Golden Gate Fire Control and Rescue District shall be established .s an Independent special (Government) District, be adopted. Page (6 aoOK 010 PAc£473 . . . \ :=J III I . . .J ' - ------- -- - - ----- ------ - - - ---- - - - -- -- ----... Auqust ''', 1 9P2 It.. 139 ROUTINE BILLS - P~ID Pursuant to Resolution 81-150 the following checks were issued through ~ugust 20, 1982 In payment of routine bills I CHEC~ DESCRIPTION Cfl ECfC NOS. ~MOUNT Voucher Checks 10050 - 10431 SI,994,204.4A Regular Payroll Checks 40030 - 40555 $ 212,fHfi.f;3 CET~ Payroll Checks 9142 - 9236 $ 19,243.71 It... '40 - 143 BUDGET ~MENDMr.NTS 82-249, 82-2~0, , A2-251 - ADOPTED ~S DESCRIBED Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that the following budget amendments be adopted, 1 Budgot Amendmp.nt ~1-'4q - Transferrinq funds to enable tho purchase of an Apple III Micro-Processor Computer (Agriculture Depðrtment) in tho amount of S7,OOO. BUdïet Amenrlment P2-'~O - To budqet loan procoeds and the related eng neoring fees to be funded (Pine Ridge Industrial Park MST Fund) In the amount of $92,822. Budoet Amen<1mfOnt P'-?51 - To purchase playground equipment with donðtcd funds (Parks' Recreat ion Department) in tho amount of $1,000. lUlls '44 - '52 BUDGET ~MENDMENTS 82-252 THROUGH A2-2~0 - ~DOPTED AS DESCRIBED Co~i..ioner pIstor moved, seconded by Commissioner Brown and carriðd unanimously, that the following budget amendments b. adopted, ~et Am~ndment P?-152 - Transferring monies to cover additional word procosslnq chargos (County ~anftger) In the amount of $1,000. Budoet Amendmnnt n'-'~3 - For rcarranqemftnt of pftrtitlon wall panels nnd installation of soundproofing in the ~udqes chamber. (parole' Probation Departmontn) In the amount of $1,375. Page 4' ~qOK 010 PACf471 --..---------------------------------- ----- . . . \t , ----------~---~-~---~---~~--------------- August 2(, 1982 . i ; . &O~ 010 PACi418 Buðqot Am~nðent A?-?S4 - Transferring funds for installation of aerðtorB nt the Naplos landfill (Solid Waste Cepartmont) in the amount of $15,000. .u~1et .mendment "2-2~' - To provld. fund- for purch.... of minor equ pment prcvlouslY budgeted under capital outlay (Library Department) in the amount of $150. Audqet Amendment R?-2~~ _ Transferring funds to purchasð paper for xorox due to heavy pubíic use of the xerox ~achin. (Library Department) in the amount of $300. Budart Amend~cnt A?-,~7 _ To ensure fuel for the station wagon in tho taco of increased use and increased fuel coata (Library Dep.utmcnt) in the, amnl~n.t of $525. Bud"et ~mcndment "?-?SR - To implement the Board's directive pl~Clnq a .temporðry· frecze on hiring, the resulting decreales ~o the personal services line items 3re beinG ~ransf.rred to the Road , Bridgo Fund contingencies (Road " Bridge) in the amount of $3,098. ' ¡ . .1 I Buðqet ^mp.ndm~nt R7-'S9 - For fees to the Clerk for property acqu15ition and tees for Notary Public requirements of Transportation Department in the amount of $70. 8uda~t ~mendment 82-2~n - Transferring line items to contingency 1u~d rc board's d1rcct1ve to curtail expenditures (Transportation Department) in the amount of $';1,000. Tape '5 IUz:la '53 - 169 BUDGET ~M£ND~ENTS R2-261 THROUGH 82-27A - ~DOPTtD ~S DESCRIBED Commissioner p1ator ~oved, seconded by Commissioner wensel and carried unanimously, that the following budget amendment. be adoptedl Budqp.t ~menðment R7-2~1 - To more accurately reflect current cxpcnòLtures and ant1clpated revenues (planning Department - MPO) in the amount of $40,333. Budnet ^mendment R'-2~2 - Re increased advertising costs due to lncrcðsed bio activItIes over lant year (Purchasing Department) in the amount of $700. Budact Amp.nrlment R?-'~' - Re def~rred a~ount due to -fre.te- (Agr 1culture DeP¿Htment) in tho amount of $11,862. Page .1 , .' ----------------------------------------- .. . r 1 I F,....I..,."f ~ , J - ,\ \ . . -' . -~~--------------~----------------------~ , '~ A '~~ ·~r , \ ~. .' I, !.,: ,-j- ^ugust 24, 19R2 Budget ^mendment R?-2~4 - ~e deferred a~ounts due to -freeze- (Agriculture eopt./Home Economics) in the amount of $5,100. Budget A~ondment ~?-2"~ - Re deferred amounts due to -freeze- ("gr 1cullure Dept ./Leth^l Yellowing) in the amount of $5,079. Budqet ^~enrt~ent R2-?~~ - Po decreases to the p~rsonðl servicos 11ne items trðnsterred to the general fund contingencies resulting from Board's directive plðcinq a -temporary· freeze on hiring (Public works eop.utment) in the amount of SJ,381. Budgpt A~endment R?-'~7 - Re docreases in expenditure line items transfcrred to contingency fund r~sulting fron p.oard's directive to curtail expenditures during remaining FY 19R1-82 (Public Works) in the ~mount of S3,l34. Budaet ^~endment ~2-2~R - Ro decreases in the personal services line itcms transferred to the general fund contingencies resulting from Board's directive placinq a ·tempornry· freeze on hiring (Engineering) in tho amount of S9,Ol2. Budget ^mend~ent P'?-,,~q - Re decreases to the personal services line itoms transfurred to the general fund contingencies resulting from Boðrd's directive placing a -temporary· freeze on hiring (Engineering) in the amount of S9,037. Budaet Amendment R2-270 - Pe decreases to the personal services, 11ne items transferred to the general fund continqencies resulting from Board's directive placinq a ·temporary· freeze on hiring (Engineering) in the amount of $15,893. Budget ^mendment 8'-771 - Re decreaseo in expenditure line ite~s transferrcd to cont1nqency fund resulting from Board's directive to curtail expenditureD during the remaining FY 1981-82 (Engineering) in the amount of S150. Budget Amendment 82-272 - Pe decreases in expenditure line item. transferred to continqency fund resulting from eoard's directive to curtail expenditures ~urinq the re~aining FY 1981-B2 (Engineering) in the amount of $1,300. Budget ~møndment R'-271 - Pe decreðses in expenditure line items transferred to continqency fund resultinq from Board's directive (Engineering) in the _... amount of S3,500. Budget Amendment A?-27~ - Re decreases in expenditure line items transferred to contingency fund resulting from Board's directive to curtail expendituros during the remaining FY 1981-82 (Engineering) in the amount of 53,300. Page 4' ~ 010 PAt£479 ------------------~-~----~-----.,-..--------_... . .. ~ . . . . -- --------- ------ -----_-:...- --------------- \OO~ 010 PACt-4!O Budaet ^mftndm~nt A,-?75 budget (Zoclal Services Bud~~t ~mendment A2-21~ to be daLerrcd (Library Þ-ugust 24, 1982 _ Re travel to be d~ferred from 19A1-82 Department) in the amount of $865. _ Trañserrlnq to contin~ency expenditure. Copartment) in the amount of $l,~99. Audaet Amendment 82-'77 - Re items to be def~rred from 1981-82 budget (parks , Recreation) in the amount of $3,96~. 8udaet Amenðment 82-27~ - Re items to be deforred from 1981-82 budget (MUseum Dep~rtment) in the amount of $739. Responding to Commissioner Wenzel, county Manager Norman explained that the last two budget amendment., with the notation -deforred-, would have to be reappropriated next year, and that they are actually rftmoved from this y~ðr'. budget. . 1 Page 50 ¡---------------------------------------- f· ' .. I r .~~ j" " 'a ),.. .... , r:-~-'~ ,- -.., -¡ I I !' \ , r .' ,- a' l .,' :--l . . I" ... .. \.'. : '~ , . ,,.. . . ;- . , .I' , . ':..--- --- - -- - --- -- - ----.--.. !' ¡-~----------------- '1f AUqU8t ''', 1982 ,', (":0- J: , '. :.. 1 ~ ~. ~ , , It.. "0 ROCERS, WOODS, HILL, STARMAN' GUSTASON SELECTED TO BE AUDITING FIRM rOR COLLIER COUNTY ANNUAL FINANCIAL AUDIT. AUDITOR SELECTION COMMITTEE ~O RECONSIDER WHETHER A TWO YEAR CONTRACT SHALL BE AWARDED Clerk Reagan reported that the Auditor Selection Committee met and ðilcuased the five firms who aubmitted proposals for the annual finan- cial audit. He said the Committee discussed whether a one or two year contract would be awarded and the decision was reached that a one year contract would be awarded. He laid that the Committee members chose the three top choices as follows, listed only in alphabetical order and not by the rank s Peat, Marwick, ~itcholl and Company Probe, Batson, and Co~pðny RogerS, Woods, Hill, Starman' Gustason Mr. R.a9an said that the BCC could ^ward the contract or simul- taneously negotiate with the firms. Commission.r Brown moved, seconded by Commission.r piator and carried una~tmously, that Rogers, Woods, Hill, Star~an , Guatason b. awarded a one year contract for the Collier County Annual Financial Audit. Commissioner pistor said h. would like some verbage in the con- tract which would ensure that the maxJmum fee of the company will be all that the County pays for this service, adding that last year there were additional requests by the firm awarded the contract which he would like to avoid this ·year. Mr. Rogers assured tho ~oard that the maximum fee is all that will b. expected and he thanked the acc for the contract. He pointed out the savings to the County if a two year contrðct would be awarded ainco ,ag. 51 aOOK 010 PAC~ Sit --------------~---------------~--------~' . ., : ,I , , . . -------------- , ----------......------------- !lO':,~ 010 ~1.~61.1 ~uquat 24, rgft7 it i. ~or. efficient for hh Urm to do the job on a tWO year bui. and that it would be cheaper in the long run. He stated that his Uti,'. he for the second year is only S5,000 ",ore than the he for tho first year. ~fter a short ðiscussion, it ",as the eonsensus of the Board that the ~uditor Selection Committee should meet once ~ore and reconsider ",hother a one or two ycar contract would be awarded. IU" 111 "F.CONStDER~TION OF PETITION CP-B2-21C - ^UT~ORIZED FOR SEPTEMBER 28, 1982 ~GEND^ PLUS R£ADV£RTISEMENT County Manager Norman referred to the r.xecutive su~mary dated B/12/82 r..ordln. Co..I..lon.r PI.tor'. r.qu..t thot tho 8CC rocon.ld.r í 1 ! . ¡ Petition CP-82-21C, adding that it would not be appropriate for thl Board to taka any action on the petition at this ti~.. Dr. Neno spagna', representing the petitioner, spoke in opposition to rocon.ld.rotlon .totln. thot hlB cllont WB. ..tl.fIBd with tho ..ord action already taken. Attorney Harold Hume, representing the ; ; , I \ ; I ¡ ; potltlon.r. .1Bo Bpo'B In d.f.n.. of ollowln. tho oct Ion pr..lou.1Y to.en to .tond. odd In. thC the ~t!tlon ho. nothln. to do with "POD'S". Commiasloner Wenzel moved, seconded by Commissioner pistor and 11 I carried 3/2, with co~missloners wi.er and Brown opposed, that Petition CP-82-21C be reconsidered by the Board of County Commissioner. on the S.pt..b.r 28. 1982 o,Bnd. ond tho r..d..rtl....nt of tho ..tltlon be authorized. . I I t page 52 I .. ---------------------------------------- . ,r I , -, . . .... c=J .. . . .J' .' ' .----------------------------------------- August 24, 19R2 It.. .72 APPROV~L FOR PROPERTY ~PPR~ISAL ADJUSTMENT BOARD TO BE HELD SEPTEMBER 30 ~ND OCTOBER I AND ANY D~Y; TIIEREAFTER REOUIRED Commissioner pi.tor ~oved, seconded by Co~lssioner Wenzel and carried unanimously, that Property ~ppralsal ~djustment Board b. h.ld September '30 and October I and any days thereafter required. It.. 173 RESOLUTION 82-122 PROVIDING LOC~L ~PPROV^L PURSUANT TO Cß~PT!R 253, rLORID~ ST~TUTES, FOR COLLIER COUNTY - DIF, FILE .110528765, STATE PROJECT 103000-3~09, BRIDGE REMOV~L ~ND CULVERT PLACEMENT, PLANT~TION P~R~~Y BRIDGE - ADOPTED Ad~lni8trative Aide to the Aoard Spaulding stated that Coun~y Environmentalist Benedict has reviewed thð Biological Assessment re DIF, File '110528765, State project '03000-3(,09, Bridge Removal and Culvert Placement, Plantation Parkway Bridge and recommended approval. Responding to Chairman Wimer, County ~ttorney Saunders stated it was not neces8ary to read the do~ument. Commissioner pistor moved, secoñðed by Chairman Wimer and carried un.nl~ously, that Resolution 82-122 providing local approval pursuant to Chapter 253, Florida Statute., for Collier County - DIF 1110528765, State Project 103000-3609, Bridge Removal and Culvert Placement, Plantation Parkway Bridge, be adopted. 'I Pa9. 53 1 '&OOK 010 PAc~51S " I , , I t ! ,--.----------------;-------------------:-------; : , I · It I , . ¡ : l :?t \:. 'p <,.J> 'ÿ .. , '". " J. :~ -' \ t ' ....-- --. r.., _J , ' ,/ ' ------ - -- - - - - - -- - - - - - -- - - ------ - - -- - - - -.- ~ugust 24, 1982 I ' It.. t7" JEAN H. STEPHr.NS ~PPOINTED TO LIBR~RY ~DVISORY BOARD TO rILL UMEXPIRED TERM or GARY TICr. EXPIRING ON D£CE~BER 31 19R2 Ad~iniatrativÐ Aide to the Board Spaulding said that an additional l.tter received this week is contained in the agenda packet that was r.celved from ~r. Haidle and a resume from ~r. Harry Cunningham for . appointment to the Library Advisory Board. Co~lssioner Wenzel mov.d, seconded by Commi.sioner pistor that Mr. Cunningham be appointed to the Library Advisory Board. Th. motion faUed 2/3, with COlluDlsaioners Brown, p:ru.eand Wimer opposed. Co~missioner Brown moved, s.conded by Commissioner Kruse and carried 3/2, with Comml.sioners Wenzel and pistor opposed, that Jean H. Stephens be appointed to the Library Advisory Board to fill the unexpired term of Gary Tice, expiring on Decemb.r 31, 1982. IU. 175 8500 CONTRIBUTION TO GREATER N~PLtS LITTLE LEAGUE AND SENIOR LE~GUt GIRLS SOFTBALL TEA~ _ AUTHORIZED, PROCLA~ATION FOR THE TEAM TO BE ~DOPTED AND PRESENTED BEFORE THE NEXT PO^RD ~E£TING .A ' County ~anaqer Norman referred to a letter dated August 7, 1982 from George B. pittman roquestlng a contribution of $500 from the BCC for the Greater Naples Little League and Senior League Girls Softball team, adding that the team had won the world Chftmpionship this past I weekend in ~alamazoo, ~lchiqan. Commissioner pistor Moved, seconded by Commissioner Wenz.l and carried unanimously, that. contribution of $500 be authorized for the Gr..ter Napl.s Little League and Senior League Girls Softball T.... ~r. Bruce Holly spoke in opposition to the contribution stating p.ge 54 '&OOK 010 PAt~ 515 - - - --: - - - ------- --,- --'-- -""\- - - -,- - - ---~ - - - ---- - -"'!''\ . ' " , , '. , ~ . ,. .' ~ Of .~ " ~ ~ j, . ,.' 1 , J - ' . 0 " -------~------------------~------------ .., ~U9ust 2.... 1982 ~OOK 010 PAtt: sr6 that ha did not think thla waa a function of County qouarn~ant. adding that tho ..ard doea not contrlbuta to tho area high achool banda when thay travel for State compatltlona. He raquaatad that the funda be obtained through public contribution stating he would be glad to contribute to such a project. Commissioner Brown ~oved, seconded by commissioner pi.tor anð carried unanlmoualY. that a procla.atlon for tho taa. be adopted ,and presented before the next Board ~.etlng. Itelll '76 'ESOLUTIOH 82-123 .E 'EFEREHOUH ELECTIOH TO BE HELD HOVEHBER 2. 1982 IH' THE HO'TH H'PLES FIRE COHTROL DISTRICT TO DETERHIHE IF TAE OU'LIFIED ELECTORS OF S^'D DISTRICT F^VOR THE IHCORPOR'TIOH IHTO TAE DISTRICT or ' THOSE LAHDS SERVED BY THE LITTLE HICKORY. BOHIT' SHORES Fl" COHTROL DISTRICT - ~DOPTED . I ~ttorney Pickworth was present to respond to questions regarding the refercndum election rcquested for November 2, 1982 in the North Hapl.a Flra control Dlatrlct r. Incorporation Into the Dlatrlct of thoaa land. ..rvad by tha Llttla Hickory. Bonita Shora. Flra control District. commissioner plstor moved, seconded by Com~issioner wenzel anð carried unanimously, that Resolution 82-123 re referendum election to be held November 2, 1982 in the North Naple. Fire control District to determine if the qualified elector. of said District favor the incorporation into the District of those lands served by the Little Hickory, Bonita Shor.. Fire Control District, be adopteð. page 55 . :\ ... ,-------------~---~----------------------- o. . , , r , , .~ ;í- ,J Ii .~ -------------- --------------- ,------------~ ·~'~uat '4, 19A2 Ite. 1'77 RESOLUTION 82-124 RE REFERENDUM ELECTION TO BE HELD ON NOVEMBER 2, 1912, IN THE NORTH N~PLES FIRE CONTROL DISTRICT TO DETERMINE IF TRE QUALIFIED ELECTORS OF S~ID DISTRICT F~VOR THE INCORPOR~TION INTO TRE DISTRICT THOSE LANDS SERVED BY UNITS 96 ~ND 97, COLDEN CATE EST~T!S - "COPTED I t ¡ \ ! i \ , ì Attorney Donald Pic~worth was present to respond to questions re9ardlnq this ite~. Commissioner pistor moved, seconded by Commis.ioner «.nzel and carried unani~ou8ly, that Resolution 82-124 re referendum election to be held on November 2, 1982, in the North Naple. rire Control District to determine if the qualified electors of Bald Dtstrlct favor the incorporation into the District those lands served by Unit. 96 and 97, Golden Gate Estates, be adopted. Page 5f1i &OQIt 010 PAc( 619 -----------------------------------------. , . . " , . ~ , ' \ I \ \' ,. . , ' ------------------------------------------ "uguat 24, 1982 'OOK 010 PACE5U It.. 111 RESOLUTION 82-125 Rt REFERENDUM ELECTION TO BE HELD ON NOVEMBER 2, 1982, IN THE LITTLE HICKORY, BONITA SHORES rIRE CONTROL DISTRICT TO DETERMINE IF THE OUALIFIED ELECTORS OF SAID DISTRICT F~VOR THE REPEAL OF CHAPTER ~7-1243, LAWS OF FLORID" (THE ACT CREATING THE DISTRICT) "ND THE INCORPORATION OF TnE LANDS NOW SERVED BY THE DISTRICT INTO THI NORTH NAPLES FIRE CONTROL DISTRICT - ADOPTED Attorney Donald Pickworth was present to re.pond to questions regarding this Ite.. Commissioner plstor ~ov.d, seconded by Commissioner Wenzel and carried unanimously, that Resolution 82-125 re referend~m election to b. held on Nove~ber 2, 1982, in the Little Hickory, Bonita Shor.. rir. Control District to determine If the qualified elector. of ..Id Di.trict favor the repeal of Chapter 67-1243, Lavs of rlort4a (The Act Creating the District) and the incorporation of the lavs now served by, the District into the North Naples rire Control District, b. adopt.d. " Page 5'7 .~\ -------------- ' I' r -------------------------- ~". \ ,: \ I ..' I . . - , , -\ . , '- . ,'\ : .J. .1\ .. .... _~' ~'. . f\ ~~..... .. '.... ., - ..' . ,. ...... II . . "0 ~. '... .' r---, ~ . . .. ~ ..1 - ~ .. \ . " .......:. ,-' , . '; -'.' t..~ ~ _ : 't.. .þ..'JI ,- .. . .,' J t _---------------------------------------1 ¡ ,",U9ust 201, 19f'2 ~ \ I " ¡tea '7' RESOLUTION 82-12' RE RE'ERENOUM ELECTION TO BE RELO ON NOVEMBER 2. 1982 IN CERTAIN AREAS OF COLLIER COUNTY FIRE CONTROL OISTRICT NO.1. SPECI'ICALLY UNITS 96 ANa 97. GOLOEN GATE ESTATES. TO OETER MINE IF THE QUALI'IEO ELECTORS O. SAIO OISTRICT 'AVOR TRE INCOR,ORATION OF UNITS 96 ~ND 97 INTO THE NORTH N~PLES FIRE CONTROL DISTRICT - ~DOPTED -, ,. '~ ". 'V .!_~ ' ,,,,. ~ttorney Donald Pickworth waS present to respond to questions re9arding this 1te~. eo.-i..i.n.' ,i.t.. ..v.d. ..c.nd.d by C....i..i.n.. w.n.o1 ond c..riod unanl..u.ly. that Ra..luti.n 82-126 r. rof.ronduo .10cti.n t. be bold .n N.V..ber 2. 1982 in c.rtain .ro,' .f C.11i.r c.unty Firo eontr.l 010tri ct N.. 1. .poc i ficaU Y Un i co 96 ond 97. G.ld.n 00 to E.tat... t. dot.r.ino if tho qu.1ifi.d ol.ct.r. .f .aid oi.trict fav.r tbo inc.rp.r.ti.n .f unit. 96 . 97 into tb. N.rth Napl.o .iro contr.1 D1ltr1ct, be adopted. .t' '.¡ .~ .. \: " > 01' ~ '.', . -,. paqe 58 ~, ., _--~----------T~---~--------------------- .' . ' .. . . II , .,. ., 'i l, aOOK 010 rA~t 52S ~ I I, " .\.- - -- ----- ----- --- -_....._----------------~--- , . ~ "uquat 24, 191.'2 ,I' " ~,~ ", " 010 ~~sent ~genda - The following items were approved ~~ nCt~/or adopted under the consent agenda. lUll . 80 RESOLUTION 82-127 REQUESTING N^PLES "IRPORT ~UTRORITY TO EXTEND LEASE or N^PLES TR^NSFF.R ST^TION - ^DOPTED. RF.~OV"L OF FIN"L SENTENCE IN CONSIDER^TIONS P"R^GR^PH OF EXECUTIVE SUMM^RY D"TED 8 5 82 - "UTHORt%!D "t the request of Commissioner xruse, this item was removed,fro~ the Consent ~Qnda to be discussed. Commissioner ~ruse said that, in view of the current discussion pending chargeS for transportation operation, she did not want the Board to find themselves in a spot of saying they will turn the trans for station over to private enterprls. too quickly until the remainder of the set amount is obtained, and sh. requested ~hat the sentence at the end of the Considerations paragraph concerning altern8tive of private construction and operation of the I transfer station should be removed. Commissioner pistor agreed. County ~n8ger Norman commented that the sontence was ~ore In the .. form of report to the Board of the situation and that the action Is the adoption of a resolution asking the ~irport ~uthorlty to 9rant an extension on the County lease of the property. Tape 16 Commissioner ~ru.e ~ved, seconded by Com~tstoner Brown and carried unanlmouoly, that Resolution 82-127 requesting Naples "lrport ~uthority to extend the leas. of Naples Transfer Statton be adopted and that the final sentence In the Considerations paragraph of the Executive Summary dated 8/5/82 be deleted. Page 59 -----------~---------~-----------------~- , . I r -y . . .... - " " , ¡ \: \ I ..' ,.' , , . . ' .' . .\,,~ "" :.. . .¡ <,f .~ .., ., . ....c .. .\ '$' ... . -....- .,,~ .' ~ .. ,.. .' ,<I . ~~~. .t . I .. ... '-~ -... ., . I.' j t ,- - ----.---------------------- - -- - -- ------- ~uquat 2.(, X!187 , i '~OOK 010 PAC~ 5~O It... 181 PETITION rp-82-4C rOR CAPE COD ESTATES LOCATED ON THE WEST END or WILLOUGHBY ~CRES _ ~PPROVED, SUBJECT TO STIPULATION . .1 ". Commissioner ~ruse moved, .econded by Commis.ioner Brown and c.rried unanimously, that petition FP-82-4C for Cape Cod Eatate. located on the west end of Willoughby ~cre., be approved subject to the atlpulation that the final plat not be recorded until the required i~provem.nts have been constructed and acce~ted or until approved security is received. lUll! 182 PETITION FP-82-5C FOR CRESCENT LAJ(E EST~TES LOC~TED ON THE E~ST SIDE or ~IRPORT ROAD ~CROSS FROM VICTORI~ PARK - ~PPROVED, SUBJECT TO STIPULATION Commissioner ~ruse ~oved, seconded by Coemlssloner Brown and carried unanimously"that Petition FP-82-SC for Crescent Lake Eat.te. located on the east side of ~Irport Road across from Victoria Park, be approved, subject to the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received. IU- 183 3 ~ONTH EXTENSION TO THE TEMPOR~RY RESIDENCE PERMIT RE PETITION T.R. 81-2SC, ~RTHUR , LIND~ M~H^N - ~PPROVED Commissioner Kruae moved, seconded by Commlsœloner Brown and carried unani~ously, that. 3 month extension to tho temporary residence pereit re Petition T.R. 81-25C, requested by ~rthur and Lind. Mahan, be approved. Paqe SO ~---------------------------------------- \ I \ i I r . . ~.:) ~, "'--' t"~ '---......-.-..' ~ J' ----------------------------------------- ¡ J 1 , j i ( I ,; August 24, 1 f)A2 IU. 184 ~tMPOR~RY RESIDENCE PERMIT RE PETITION TR-82-17C, JAMES J. M~Y - "PPROVED Coamis.ioner Kruse ~oved, seconded by Commissioner Brown and carried unanimously, that the temporary residence permit re petition TR-82-17C, reque.ted by Jam.. J. May, be approved. 1te~ 185 TEMPOR~RY RESIDENCE PERMIT RE PETITION TR-82-18C LEON PRICE - ~PPROVED Commissioner Kruse moved, seconded by Commissioner Brown and carried unanimously, that the te~porary residence permit re petition ~R-82-18C, requested by Leon price, be approved. IUID '86 "TTENDANCE OF EDWARD G. SNYDER AT THE INTERNATIONAL ~SSOCIATION or ELECTRICAL INSPECTORS 54TH ANNUAL MEETING, OCTOBER 10 - 13, 1982 AT MCALLEN, TEXAS - APPROVED Commissioner Kruse ,moved, seconded by Commissioner Brown and carried unanimously, that the attendance of Edward G. Snyder at the International ~ssociation of Electrical Inspectors 54th Annual ~eeting, October 10 through 13, 1982 at Mc~llen, Texa., be approved. lUll' '87 REVISION or CERTAIN PARAGRAPHS, COLLIER COUNTY PUBLIC LIBRARY POLICIF.S, M~RCH 1981 - APPROVED Commissioner Kruse ~oved, seconded by Commissioner Brown and carried unanimously, tha~ certain paragraphS of the Collier County Public Library Policies, March 1981, be revised. Page fa &OQ\( 010 PAti59! ----------------------------------------þ . ,I . : ~ , . .. '" . I ' ' "... ------------------------------------- I'.uqust :24, 1982 . ~O« 01Q 'ActØ32 Ite. '88 RESOLUTION A2-128 ~PPOINTING I'.ND ~UTHORIZING SPECIFIC PUBLIC WORKS DIVISION PERSONNEL TO EXECUTE CERT^IN DOCUMENTS - I'.DOPTED Co~mi.sionet ~tuse moved, .econded by Co~is.ioner Brown anð carried unanlmou.ly, that Re.olutlon 82-128 appointSn9 anð authorising apeciflc Public worka Division peraonnel to execute certain docuaenta pertalnin9 to the purchase of road right-of-way, ease~ents and property for Public Works activities, be adopted. paq. 62 ----~------.-----------~----------~~~-~- r . . ~ c.:.::~":~ .- . .. .. r¿·~·"] ·r ----------------------------------------- .' ~u<Just 2<1, 1 «:IR2 It.. 189 I \ I \ . rIN~L PLAT OF -TAE RETRE~T, UNIT ONE- SUBDIVISION - APPROVED Co~i.sioner ~ru.. moved, seconded by Commissioner Brown and c.rrl.d unanimously, that the Final plat of -Th. Retreat, Unit On.- SUbdivision, b. approved and authorize the Public Works ~dministrator to r.l.... the r.maining encumbered construction security (E8CrOW A9r....nt dated Harch 14, 1980). Ita. '90 BUDGET ~MENDM[NT FOR PURCHASE OF ~ER~TION DEVICES FOR N~PL!S LANDFILL - ~UTHORIZED. (SEE ITEM 145) , Co..lssioner ~ruse moved, seconded by Comml8sioner Brown and c.rri.d unanimously, that the Budget Amendment for the purchase of ..ration devices for the Naples Landfill, be authorized. (See Item US) It.. 191 PERMIT 82-1 TO APPLY FOR AN OCCUPATIONAL LICENSE TO PR~CTICE ~STROLOGY ~S REOUESTED BY JOAN R05DAL SETTANI - APPROVED Co..lssioner ~ruse ~oved, seconded by commissioner Brown and carried unanimously, that Permit 82-1 to apply for an occupational llcen.. to practice astrology, a. requ.8ted by Joan Rosdal Settanl, be .pprov.ð. P.9' 63 &OOK 070 PAc£595 ------------ ------------- v ----.. . ~ Co.-issioner ~ru.e eoveð, secondeð by Commlssloner Brown and r c.rri.d un.nimou.IY, .h.' E. E. Run..r b. .ppoin..d '0 fulfill .h. ".1': ,; t ---------------------------------------- ^ugust 24, 1982 It.. 192 I. I. RUNTER ~PPOINTED TO FULFILL THE UNEXPIRED TERM or ED D^Y ON THE ~RCO ISL^ND BE^UTIFIC^TtON COMMITTEE " ì unaxplr.d ..rm of Ed Day on .h. ..rco I.I.nd Be.u.ific..ion Co..i..... wlth the explratlon date of septe~ber 30, 1983. ¡te. 193 EXECUTION or ^GR!EMENT WITH IMPERI~L GOLF CLUB, INC. rOR CONNECTION TO SEWER ^RE" -,,- - "UTHORIZED Co~lss10ner ~ru.e ~oved, .econded by Co~mlssloner Brown and carr led unani~ously, that the execution of an agreement with Imperial Golf Club, Inc. for connection to Sewer ~r.. -...., be authorlzed. 'oq. U &OOK 010 PACEm ~----~-----------------------------------. ~ . . ~ i; ¡ ¡ I I ¡ j, ....¡ . , .._ __ _ __ _ _ _ ___ _______---..J..---------------- ~OO1( 010 rAC~ 540 AU9uat 24, 1982 Ium 194 RESIGNATION or STEVEN W. MARTIN rROM EAC - ~CC!PTED, APPROPRIATE LETTER or ~PPRECI~TION TO BE SENT ~ND AUTHORIZ~TION TO ~DVERTISE fOR NEM MEMBER - APPROVED Commissioner ~ruse moved, soconded by Commissioner Brown an4 carried unanimously, that the resignation of Steven W. Martin from the Environmental Advisory Council, be accepted, an appropriate letter of appreciation be sent and to authorize the advertisement for a new memba r . IU" 19~ EXTRA r.AIN TIME FOR INMATE NO. 38286 - APPROVED Commissioner ~ru.e ..oved, seconded by Commissioner Brown anð carried unanimously, that the extra gain tl..e for In..ate No. 38286 be ' approved as requested by Sheriff Roger.. Ite.. 196 ISSUANCE OF DUPLICATE TAX SALE CERTIFICATE NUMBER 2358 TO W~YNE MILLER AND CERTIFICATE NUMBER ~4R4 TO H.C. HEINIC~E, DUE TO LOS~ - ~PPROVED Commissioner ~rU8e moved, seconded by commissioner ,Brown an4 carrleô unanimously, that the issuance of duplicate Tax Sal. Certificates Number 2358 to Wayne Millor and Number 6.8. to R. C. Heinicke, due to loss, be approved. Page 65 ~---------------------------------------- r . . c:--, ~ ~ " " ..I' I ----- - -- - - -- - ----- -- - -- - -- -- - - - - - - - - -- ---' Auqust 2", 19R2 It.. '97 LA~! TR~FFORD CEMETERY DEED NO. 311 - ~CCEPT!D FOR RECORD~TION Pur.uant to action of the Board January 10, 1978, vher.ln the Chair_an va. authorized to .lgn various de.d. to Lake Trafford Me.orlal Garden. C,metery lots as the need arises, the folloving Deed No. 311 va. recorded and filed for the record. Page liS ..01D,..J543 f ---------------------------------------~. . I, I: \ I i I . . , ~ / .J - - - - - -'- - - - -- - ----- - - -- - - - -- - -- - - --------- 5. ~ . , , 6. "ugust 24, 19f!2 It.. 19 e "ISCEL~NEOUS CORRESPONDENCE - FILED AND OR REFERRED There being no objection, the Chair directed that tho following correspondence be filed and/or referred to the various departments 8S indicated below 1 1. Lettor dated "ugust 9, 1982 from ~r. Stephen D. Moon, co~ptroller, Florida DOT, r~ fin~nci~l position of County'. 80\ portion of 5econd~ry Trust Fund (Second Gas ~ax - 5th and 6th cent) ~/30/R2. xc Messrs. Giles ~nd Hartman. Filed. 2. Lotter dated August 3, lq~2 from James E. Scully, District public TrAn~port~tion operations Engineer, Florida DOT, rc Transportation Disadvantaged coordinfttion - 5tart-Up Funds. ("'pO) xc ~essrs. Kloehn and Perry. Filed. 3. Notice received 8/l3/~2 re conference cancellation of Affordable Housing and Local Govornment Regulation Conference. xC ~essrs. Norman and virta. Filed. 4. Letter dllted August 5, 19ß2 from JlImes W. Apthorp, The eelt?nð corporation, reconfirming the company intention to donate a 29+ acre p~rksite to Collier County with a condition of the replðt of Unit 25 being that the company agreed to convey the site in 19R4 after certain improvements have been completed. Filed. Letter dated August ll, 1982 from c. Richard ~ayson, Chief, Natural Hazards Branch, Federal ~ergcncy ~lInaqement "qency, transmitt1nq copies of final draft of the Flood Insurance Study for this community. xc Messrs. Norman and ~cDaniel. F 11 ed . Letter dated July 30, 1982 from Marvin Collinø, III, Environmental Specialist, DER, ~cknowledging receipt of application for permit for ~aintenl!lnce dredge of wiggins PasS. xc Mr. Norman. Filed. 7. Letter dated August 10, 1~P2 from Philip R. r.dwards, District Manager, DER, transmittinQ Permit Number DCl1-54nO~9, dated ~ugust 9, 19R2 to construct subject scwage treatment system for Eagle Crook Golf and Tennis Club issued pursuant to Section 403.087, F.S. xc Mr. ~erzon. Filed. '-98 67 ~oot 01Q p~tEM5 ---,-- ------ --~-,----------- --------------; ~ ,.--------------------------------------- . ~aqu.t 'Z~, r~ ~oo~ 010 P~~E_ 8. The following copies of minutes were received and fileð, ~. Goldon Cote Fire control District ~ðvisory Committeo, 7/13/82 B. Isl~s of capri Fire control Diørict ~dvisory Committoe, 7/12/82 c. CAPC nnd CCPA agp.nda for 8/5/02 and minutes for 7/15/82 D. Library ~dvi50ry Board, 7/22/82 9. The following departmental reports were received and filed, ~. Veterans ~ffairs, July 1982 B. Depðrtment of Forestry, Auqust S, 1982 c. Collier County public Librftry, July :n, 1982 D. public works Department, Solid Waste Division, July, 19A2 E. CETA monthly status report, June, 1982 10. Notiflc^tlon from the Tax Collector that the following Tax certificates have been redeemedl ~. 19ROI S 13.82 B. 1ge11 $ 7,319.90 c. 19R71 ~25,92~.~6 D. 19R2, Immokalee waterlSewerl $78.79 KC Mr. Giles, with check. Filed. Iua 199 ITEM 7~(1) (RECAP 117) RECONSIDERED. RESOLUTION 82-129 Rt PETITION V-82-13C, THOM~S ~. aEN~ERT, FROM 14.8 UNIT~ TO 16 UNITS FOR PROPERTY LOC~TED NW OF RIVERSIDE AP~RTMENT5 ON LEE AVENUE IN OLD M~RCO - ~DOPTID Commissloner wenzel moved, .econded by Co~~i..ioner Brown anð carried unanimously, that the Board r.consider petition V-82-l3C, previously denied this date. Mr. Thomas ~. Benkert explained that he had talked with hi.' associates and they have decided to accept the 16 unit. per acre a. previously dlscussed. Rosponding to Mr. Benkert, County ~ttorney Saunders said that the petitioner could always come back and petition for another variance as long as he ~eets the time period. Commissioner Wenzel ~oveði .econded by Commi.sioner Brown anð carried unanimously, that the variance requested in petition V-82-13C be amended to 16 units per acre and that Resolution 82-129, be adopted. paq. SI . - --- - - -- -- - -' . .------- -------------------- r -~ . . , " . . . ~ -... . ' - '. ~r'-~t . ,--"..--, . . . ,., I I ... , I ..~..__.... : . ..' . j . ............. ..,", .' :.. .... ' , . 1\ .." .., .I' _---------------4.------------------------- , "'Jqust 2", 1982 It.. 1100 PUBLIC WORKS ~DMINISTR~TOR H~RTM~N DIRECTED TO LOWER CULVERT ON! rOOT APPROXIM~TELY ONE MILE NORTH or IMMOK~LEE OFF HIGIM~Y 29, NE~R TH! AGRICULTURE EXPERIMENT ST~TION TO ~LLOW THE W~TER TO P~5S SOUTH Commissioner Brown requested that Public works ~dminl8trator Hart.an see that the culvert approximately one mile north of Immokalee, off Highway 29, near the ~riculture Experiment Station, be lowered on_ foot to allow the water to pass south, to which Mr. Hartman agreed. ,. . . . '. . 'I'h.re~o further business to come before the Board, the ~.eting was adjourned at 11145 ~.M. by order of the Chair. -~ ..... "'- " '- \ BO~RD OF COUNTY COMMISSIONERS/ ~O~RD OF ZONINC ~PPE~L~/EX OFFICIO c.OVERNING 90~RD(~) OF SP£Ct~L DTSTRICTS UNDER ITS CONTROL J~Ì!~ . Those rninutP.' ~pproved by the BCC on September 14, 19R2 a. pre.ented x - or as corrected '- . -_......-- ~ " '&OO~ 010 rAtE 549 .. -or--- \ , ,a9- 69 -