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BCC Minutes 12/15/1981 R -"""'"'''' ... Naples, Florida, December 15, 1981 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, ~nd also acting as the governing board(s) of such special districts as have been created according to law and having conduct~d business herein, met on this date at 9102 A.M. in Rcgular Session in Building "F" of the Courthouse Complex with the followinq mombor. pr..tntl CIIl\IlìMANI VICE-CHAIRMANI C.R. ·Russ· Wimer Clifford Wenzel John A. plstor (absent) Mary-Frances Kruse David C. Brown ALSO PRf.SF.NT: William J. Reagan, Clerk (entered at 10:02 A.M.): Harold L. Hall, Chief Daputy Clcrk/Flsclll Officer: El inor M. Skinner . and Da'rlena Davidson, (10:30 A.M.) Deputy Clerks; Donald pickworth, County Attorney; Irving Bcrzcn, Utilities Manager; C. William ~orroan, County Manager; Edward Smith, Assistant County Manager; Neil Dorrill, Administrati~e AssiztDnt; Terry Virta, Community Development Admini- Ðtrator: Danny Crew, Planning Director; Lee Kirchhoff and Terry Clark, Planners; Jeffory Perry, Zoning Director; Clifford Barksdale, Public Works Administrðt~r; Grace Spaulding, Administrative Aide to tho Board; and, Daputy Chief Raymond Barnett, Sheriff's Department. Page) 1 &C~~ 066 PACè 460 A ~ --~-- , { I' ~ I , f I I ~ r. ä " ' ~ ; í ¡I ~ 'I i ~ Î MDK 066 PACE4~eccmber 15, 19B1 Mr. Egon lIill, C~ðifm(\n of the Eme~ganc~~~~~c:a1 Scrvices l\dvi50ry Council, .:lddre55cd'the fact thèlt, .:1t this point in time, the county is dealing w~~h m.:lny vðriable~. Dc said that the mcmber~ of EMSAC believe that ð GO\ collection rate for the County is a more accurate projection than 70\ and he stated that he believes that American Ambulance's rate for tho l~st six months that they operated the ambulance scrvice was approximately 51.2\. Further, he said, the County subsidized ~crican ~bulðnce by ovcr $000,000 during that last year and that, if ~erican Ambulance were still operating the ambulance service, he calculates that it would tðkc another $A88,500 for subsidies for the current year. Mr. Hill said that the EMS Budget is $1,~~~,000 for this year and, based on the staff's projcction of ð 70\ collection rate, the County's subsidy for the EMS will be approximately $041,000. Thercfor~, said Mr. Hill, it appaðfs that it will cost just about the same for the County or for ".mer ican Ambulance to operata the system. However, he added, the County has spent üpproximately $120,OOO to replace a large .. amount of equipmunt that was missing from the inventory when it took over American Ambulance's operations. Mr. Egon lIill made the following observations and/or r~commonda- tions to the Board, on behalf of the EMSAC: 1. The opcrative philosophy of the EMS should be that servicos arc p~iù for as they occur. 2. The bane rate f~· ðmbulanco sftrvice should bo SlOO, with additional spacial carc paid ~ùr ðccordingly. 3. The county's investments for equipment and manpower should be rccouped through the base rate. 4. Ambulance sorvice will require subsidizing, however, nothing should be -given away-. pago 10 ... i',,;~O<f'.,.....~~ri . Decembcr 15, 1901 5. It is not believed that the base rate increase will result in a higher percentðge of non-paid bills because those who do not pay their bills would not pay thðt bill regardless of the ~mount of the base rato. 6. Tho new rðto schedule should be adopted for a trial period of six months, at which time it could be re-evaluated and, based on the rate of collections, the costs of operations, etc., adjusted accordingly. Roferring to the comments offered earlier rclated to the possibility of the City of Naples establishing their own ambulance scrvice if the base rates were to increase, Mr. Egon lIill offcred to accompany some of the County's staff and meet with the Mayor and tha City Council to outline the facts and figures related to the operation of an ðmbulanc~ zervic'.. lie stnted th·jt he does not believe that the City is aware of these costs. Commissioner Kruse 5tated th3t, based on what it cost her for a . r~cent emergency visit to ð local vetcrinarian for one of her anlmðls, with her providing the transport, the present cost for emergency medical scrvices at the scene of a traffic accident of $50 including transport to the hospital for $l.PO per mile, plus whatever supplies may be required, docs seem to indicate to her that pcrhaps the presant rates are too low. After a brief discussion, Ch3irman wimcr stated that he is disturbed with the rising costs related to ambulance service being provided by the County ~~d that he remembcrs when staff told the Board that it was going to cost the taxpayers less for the County to opp.rate the EMS than it did under tho prior contract. It was the consensus of those members present that this mðtter be considcred further during next weeks meeting. &oo~ 066 fACE 494 pago 31 ..."''''''-_...,..""_.........''''''''''''.,,''"j,,._'....' "'., I' BOOK 066 PAc£495 Doccmbar 15, 1901 PETITION PU-81-l5-C, NAPLES RESOURCES RECOVERY, INC., REOUESTING ^ pnOVISIO!~,\L usr: FOr. l"ATEr-I.\L r-r.CYCLn:G CH ~ l\C!\E5 W PIN::: RIDGE . INDUSTRIl\L CENTEn LOC1\TED ON Yl\ItL STREET Referring to an overhead m~p, Pl~nner Lee Kirchhoff outlinad the location of the property regarding petition PU-8l-l5C, filed by Naples RÐsources Rccovery, Inc., requ~sting ~ provisional Us~ (2) of the "I" District for a junkyard to be used for recycling of construction materials. She said that the ~ubject property is four acres in size and is located at thc north end of Yahl Street in the pine Ridge Industrial Park. Mrs. Kirchhoff reported thðt the petition has been reviewed by all advisory boards and that it received no objaction, suhject to the following stipulations: A. Dc~~iled site drainage plan be submitted to thp. county Enginecr prior to start of construction. B. Entirc property is to be bermed. C. A 30 ft. wide drainage casement along the north property line is to bc grant~d to Colliar County. D. Approval must be obtained from the County Health Department for the well and septic tðnk. E. All futurc signs must bc approved by the Zoning Dicector. F. Limit hours of opcration from 7:00 ^.M. to 6:00 P.M. G. A 6' high scaled fcnce shall surround the entire property. Mrs. Kirchhoff stated th~t two propcrty owners have objected to the proposcd recycli~g center. She said that, based on their Finding . of Fact, the CAPC has forwarde~ a recommendation of approval, subject to the above-referenccd stipulations. Attorney Jim Willis, represcnting the petitioner, outlined the page 32 .... .~;: .j{;.. :k..~.':\ o.jk :..~·~..¡I.".' ,'......\.. .-~ c.·· ~, I:;¡¡]·:.·" ~. ..~ !\ ~ ~~~A '~~, f ..~.,.,;. ., ... December IS, 1981 various industrial uses surrounding the subject property, noting that he belicvQS that the requested provisional use is in keeping with the present uses in the area. Refcrring to the term "junk y~rd", Mr. Willis explained that his client had difficulty with this term, because the intcnt is to operate ð recycling center ~nd not a "junk yard". He said that his client felt that a recycling centcr would be allowable under the present zoning regulations and without applying for a provisional use. However, said Mr. Willis, because of the distinctions and simildrities in the two definitions and upon taking a conservative viewpoint, his client has decided to apply for the provisional use. lie explained that the buniness will pr~vide the general public with ð place to purchase recycled building matcrials ðt a substantial savings and he said that the burden of the County !ðndfill site will be reduced coincidently, thereforc, there will be a substðntial benefit to the public. Mr. Willis addressed some of the objections that werc forthcoming during the CAPC hearing, noting that his client has agreed to all of the aforcmentioned stipulat~ons and that they should ~ddress all of those concerns. lIe also stated that the recycled materials will be storcd in an ordcrly fashion and will not bc unsightly to the public. F~nally, hc asked the Board to address the question of what bctter place there is for thi~ ki~~ of an operation than an industrially zoned area? Mr. Robcrt C. Mo~tcs, owner of propcrty adjacent to the site proposed for the rocycling center, offcred his objcctions to the approval of the provisional use, claiming devaluation of the property Pagel 33 &OOK 066 PACE 496 eoOK 066. PACE 491. Dect!mbar 15, 1981 in tho gon<!ra1 ncighborhood if this kind of operation is allowed. 110 alGo stnted that he io conccrncd with the eventu~l drðin~ge of pollutants from some of the materials to be recycled, into tho drainage ditch that lies between hi~ and the petitioner's property. Ho said that the flow from this ditch eventually runs into Naples Bay. Mr. Moates suggested th~t the pQtitioner relocate the proposed business closer to the landfill site rather than establishing it in pine Ridge Industrial pðrk. Attorn~y P~ul Schryver, representing Allan R. St. George, owner of property adjacent to the proposed site for the recycling centor, voiced an objection to the requested provisional use, clðimi~g an obvious diminution of valuo to surrounding proporty values if the provisional use is "pprovcd. lie also suggentcd the proposed business be relocated closer to the landfill site. Commissioner Wenzel asked Public Works ^dministrator Clifford Barksdale if it wore p06sible to lease some property at the landfill site to the petitioner for this operation and Mr. earksdale replied th~t it is possible, however, it is not feasible for any long period of time, given the growing expansion of the landfill. Commissioner Kruse asked Community Development ^dministrator Terry Virta if the petitioner intends to develop the same typo of operation as Bass & Bnss, wh!~h is located in East Naples "nd he replied that this is his understanding. Sha asked Mr. Virta if the petitioner intonds to recycle automobiles, etc., as is standard in most "junk yards" and he replied that it is his understanding that the proposed business will deal in construction materials and not the typical materials found at a junk yard. Pðq e 34 " ,.'~'" . ':':'. '~. . , December 15, 1<)81 Thoro was a brief discussion r€garding setbacks ~nd their point of beginning for dedicated and non-dedicated streets, as out1inod by Mr. Barksdale, who roported that Yah1 Street, un which th~ proposed oporðtion will be situated, is a non-dedicated street and is not maintained by the County. ^ttorney willis addressed sGvcrDl objections outlined earlicr and stated that his clients operation of a recycling center will not be . responsible for the devaluation of the surrounding property because it is in kecping with surrounding uscs. lie said that his client prefers the subject location because it is "centrðlly" locatp.d to those persons who would be purchasing the rccycled construction materials. Commissioner Wenzel stðted that he was not comfortable with the term "junk yard" in refcrence to the proposed operation because tc docs . not consider this to be any diffcrent than a "contractor's storage areû". The term "junk yard" was discussed, as was thc rcasons for having a junk yard ðS a provisional use in an "I" district, as outlined by County Attorney pickworth, who stated that the Zoning Ordi~anco provided for this in order to give the Board final discretion in these matters where therc may be objections r~ised by interested perso~s. Ator the discussion, Commissioner Brown moved that Petition PU-8l-l5-C, be denied. Chairm~n Wimer asked Mr. pickworth what will happon if the four Çomm¡~~ionels are split in their vote on this motion, provided that it is secondcd? Mr. pickworth ßuggasted that the motion be for affirmative action rathcr thðn for neg~tive action and Commissioncr Brown withdrew his motion. Commissioner Wenzal moved that potition PU-Al-15-C be continued to next wuek in ordor that a full board will have the opportunity to vote. ~OOK 068 ~'.~; '~08 P.:Ige 35 ~'"'^.--"- BOOK 066 p^CE4SfJember 15, 1901 Commissioner Kruse seconded the motion which carricd'3/l, with Commis- sioncr Wimer opposed and Commissioner pistor ðbscnt. . y ,·..4 ". --. ... .... . .. .. .. Commissioner Brown left the room ~t this timc: 11:2B A.M. . .. .. RESOLUTION 61-260 RE ABATEMENT OF PUBLIC NUISANCE ON LOT 1, UNIT 7, ßLOCK lRl, MARCO ISLAND (WILLIAM STALISE) - ADOPTED Commissionor Wenzel moved, seconded by Commissioner Kruse and carried 3/0, with Commissioners Brown and Pistor absent, that Resolution 81-260, recovoring funds expended by the County to abate a public nuisance on Lot 1, Unit 7, Block 181, Marco Island, owned by William Stalise, be adopted. . Pa90 36 '.. \" . '.'Ì. ;~,; ',:1,\' ~ì(~ \'~,I l~f ~1 '~~. ~t ','I'r:,' . i ~ ç , '. <r~ i~, :¡",'¡ , ì!!r ~%;;~".: ',.,',., MOK 066 PACEffiQ:kmber 15, 1981 APPRAISAL CONTRACT WITH CROSS ASSOCIATES,' LTD., INC:, TO PERFORM SIX' APPRAISALS RE PINE RIDGE ROAD AND PINF. RIDGE EXTENSION - APPROVED IN THEAMOlJNT OF $2,950 Public ~orks Administrator Clifford Barksdð1e outlinad the background informðtion regarding tho Public Works Department having solicitAd proposals for performing six appraisals in order to complete right-oC-way acquisition for Pino Ridge Road (U.S. 41 to C.R. 31) and Pine Ridge Road Extension (I-75 to C.R. 951) from the list of certified appraisers approved by the Board, as more fully defin~d within tho Executive Summary, dated 12/l~/8l. Commissioner Kruse moved, seconded by Chairman Wimer and carried 2/1, with Commissioner WcnzeJ opposed and Commissioners Brown and pistor absent, that the Appraisal Contract with Cross Associates, Ltd., Inc., be approved in the amount of $2,950, as recommanded by Mr. Barksdale. . " Pðge 37 '... ....-:--" '"''!"':,"!",: December 15, 1901 BID 1526 (TEE-SHIRTS FOR PARKS AND RECRE~TION DEr~RTMENT) - AWARDED TO LELY SPORTINr. GOODS IN THE A~OUNT OF $t1,HiB.05 Legùl notice having been publishe~ in Naples Daily N~ws on November 2 and 4, 1981 as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid 1526, for Tee-shirts for the Parks and Recrcation Department, up to November 10, 1981,. There was some discussion regarding the fact that the revcnues for various Parks ðnd RecrcDtion programs will offset ð portion of the expensQ for these shirts, as outlined by Assistant County ~anðger Edward Smith. Also discussed was Commissioner Wimer's statement of corlcern that the recommend~d firm will have to subcontract the work outside of Collier County and that he feels thót therc arc oth~r firms that could havc done the work locally. Commissioner ~cnzel moved, seconded by Commi~sioner Kruse and carri~d 2/1, with Commiss~oner Wimer opposed and Commissioners Brown and Pistor absent, th~t Bid '526 for Tee-shirts for the P~rks and Recreation D~pùrtmcnt be aw~rdcd to Lely Sporting Goods in the amount of $4,168.05, ðS outlined in the Executive Summary dated 11/25/81, and that the Chairman be author!zcd to sign and the Clerk to attest the rc~ulting agreement. CUSTODIAL POSITIO~ FOR NORTH NAPLES LIBRARY - APPROVED; FUNDS TO BE CHARGED TO TilE LIBRl'RY ßIJt:'GET Assistant County Manager Edward Smith recommended npproval for a now custodial position for tho North Nap1cs Library. Hc explained that it has bacn discovered, since the time that the Executive Summary was published, thðt there ðre sufficient funds previously budgeted in the Library 3ccount under custodial services to covcr the cost of t~is poRition. &OOK 066 PACE 504 P3ge 38 ~~ 066 p,,~505 December 15, 1981 Commissioner Wenzel movcd, seconded by Commissioner Kruse and carried 3/0, with Commi~sioners Brown ~nd pistor absent, that the ncw custodiDl position for the North Naples Library be ðpproved and that the funds be charged to the Library budget. AWARD OF BID AND APrnOVAL FOR NEGOTIATION RE CONTRACTUAL AGREEMENT RE VEHICLE FLEET ~^INTEN^NCE MANAGEMENT - CONTINUE~ TO 12/2/,/81 AGENDA C~mmissioncr Wenzel moved, seconded by Commissioner Kruse and. carriod 3/0, with Commissioners Brown ðnd pistor absent, that the award of bid and the approval for negotiation regðrding a Contractual ^grcement for vehicle flect maintenance management be continued to the 12/22/8l Agcnda. * . . Commi~sioncr Brown returned to the meeting ût thi~ time: 11:35 A.M. . * . CONSIDERATION OF ADOPTION OF RESOLUTlJION RE COUNTY UTILITIES POLICY - DEFERRED TO 12/22/Rl AGEND^ Utilities Manager }rving Pcrzon rccapped the background inform3tlon outlined within the Executive Sum~ary, dated 12/3/81, related to his recommendation for the adoption of a resolution affiL.ning the County's goals, objectives, and polic1er. regarding tho development and operation of regional wator and sowor utility systems. Mr. Borzon explained that, in order for tho County Attorney and himself to proceed with the preparation of any necessary ordinances that may be rcquired in order to roinforce or affirm the new Utilitics Policy, a policy must be adopted in the form of a resolution. Commissioner Kruse asked Mr. Borzon what he intends to do with 30 or 40 used sower plants? Mr. Berzon stated that tho County can sel1 them, bocause tho propcrty will have been deeded to the County along with the sower facilities, according to the proposod policy. Ho said pa 9 e J 9 " .r~·,·",..,,···t""'''1 . ~..-'" Deccmbcr 15, 1981 that there arc other options to . 'e County, i.c. continue operating the p1ants7 operating the plonts under contract to someone; leasing the plants to the devcloper; or, selling the property back to the developer after tho plants useful life has been reached. Commissioner Kruse stated that she is not happy with the ideo that the County is going to cnd up owning all of these package treatment plants, ðlthough, she docs believe that the County should own the lines .lInd the lift stations. ~r. l3erzon stated th~t the justification for the County owning the plants is that this will allow for the estðblishment of uniform rates for every development in the County. He said that the cost of the plant would bc fnctored into the ·up front costs" of the developer nnd Is then added to the cost of the property that is sold by the developer, just as the lines arc today. He said . thðt this will eliminate disparitics in determinin~ the value of the lotb as oppc~ed to the real costD of the utilities. Referring to P.::lr~grl'\ph 4 (8), of the Executive Summary, under the heading Consideratinns, Commissioner Wimer stated th~t h~ would prefcr that the ~ord "cxisting" be del£tcd. This was discussed briefly, during which Mr. Bcrzon agreed to dclete the word ·cxisting·. Co~mis- sioner Brown suggested that th~ Boord be given the opportunity to ~ðke an exception, and suggested that this provision be addcd to the same sentcnc~. County ~ttorr:y pickworth suggested that the words ·or ~s determined by the Board of County Commissioners" be added. Mr. ~er%on ðgrccd to adding that v~rbagc. aOOK 066 PACE 506 palJo 40 ~-_._,. ,_.~-~ nl)DX 066 PACE 507 Dacp.mbcr 15, 1981 . Chairmnn Wimer asked whðt effect the proposed policy would have on independent distridts such as Pelican 8ay? ~r. Dorzon stat~d that thoy arc exempt,· ju~t is is Immokalee. Chairm~n Wimcr asked what effect the proposed policy would have on existing utilities thðt may still wish to dedicate thoir p1ðnts to the County? Mr. Bcrzon stated that no developer would be precluded for offering their facilities to tho County. lie roquested thðt the record reflect that it has ncver becn his intent to turn down any developer from dcdicating their pl~nt to the County and that he has no intention of aver turning down such an offer. Ch~irman Wimer asked Mr. Berzon for clarification regarding Paragraph 4(b), specificc,lly, whether the deeding of the fadltios is referring t~ just the plants, or, docs it include the land on which the plant is situated? Mr. Gcrzon stated thðt both the land and the plants will be deeded to the County. Commissioner Wimer requested th~t the Board be given the opportunity to decide whether or not they want the . land. I'~ said that it is conceivable to him that the lðnd might be too sm~ll to want to take ovcr own~rship. This was discussed briefly, durir1 which Mr. Bcrzon st~ted that once the land has been freed from tho utility, it is the intent of the County to offer it for sale at the fair markot price. Thi3 waß discussed also, at thQ ond of which Ch~irmðn Wimer stated that ho would still prefor to see the Board have the discretion as to whether or not the County should be deeded the land, even though it is understood that tho ovcrall intent is that all lands ohould be so dedicated. Mr. Berzon agreed to add the afore- mentioned sentence which gives the Board the discrotion as to making exceptions to the requirement for deeding the land to the County, as reforred to in P.3ragrllph 4 (b) . Pðg c 41 .... " . _..._....,"'~, Doc~mbcr IS, 1901 County Attorney Pickworth explained that, if the Board adopts the proposed policy, sevnral ordin~nces ~nd the subdivision regulations will have to be amended. He sðid that he would prepare these documents for presentation to the Board at a later data. Commi~sion~r Wenzcl moved to approve the County Utilities Resolution of Policy ~s ðmendcd during this session. Commissioner Brown seconded the motion. . Chief Deputy Clerk BeHOld JaIl ðsked for clarificati':\n ðS to whether the Doard'~ intent is to adopt the policy or a resolution ~ffirming the policy? Mr. Bcrzon stated that he is requesting that the Boarð adopt tr.e policy and authorize the Chairman to sign a related resolution. Chairman Wimer statcd th~t the intent of the Board is to adopt tHe policy, as amended, and to instruct the stDff to come back with any appropriate legal documents that may requIre further action, such as applicable ordinances, etc. Mr. Bill Barton, of Wilso:1, Miller, Barton, SolI, and Peek, ðnd speaking on behalf of himself, made the following observation~ and/or s ug g est ion s : 1. Currently, thC! developer has a vested interest in any utilites plant that he may construct and, consequently, it behooves him to keep it opcrating at thc hest level posÐible. Undcr the proposed policy th~t plant will belong to the County and, thorefore, the County will be rosponsible for mðintenance. This will rcquire another layer of bure3ucracy to make sure that thesc plar.tr are being inspected, maintained, etc. 2. ~hÐro ðre a lot of arcas within Collier County which lie within the City of Naples' service area and worc ncver intendcd to be scrviced by the County under the prcsent Agroer.1ent blJtwccn the two governmental bodies. I!owcvt'r, according to the provisions of the proposed policy, the devclopers within these same arcas will be rcquircd to deed the lands and utilities facilities to thc County. There is some question ðS to wh~t bcnefit thcrc will be to the County to hðV~ title to l~nd ~nd utility f~ci11ties outoidc of its service arc1I. MO~ 066 rACE 508 Pðg ~ 012 - ---.....,«..-#'-..-, &OO~ 066 rACE 509 December 15, 1981 3. Moat of the a~~ll pl~nts nre scrviced by oxidation polishing ponds and by the time that you removo the plnnt Jnd then rccl;. ~:;". the l,:¡nd by f 1l11n'q ,~ono ,h<1$~ spent morc money th.:m the plDnt 1s worth, Th~rcfore, the County is really buying D liability, cven though the lnnd is renalahle. 4. Thcre is some question as to the flnanci~l feasibility of the County dealing in multiple parcels of one to two acrcs in siza, esp~cially whcn these sites aro loc~ted i~ the least desirable arcas of any dcvelopment. 5. What kinds of provisions ðre being made (or ncCC~D to th~ plant sites? Typically, these sites are not on road frontages. If propcrty ownership is transferred there must be casemcnt transferral. 6. Upon accepting these sitos, they must be immediatly rcmoved from the tax rolls. 7. Currently, th~re are m~ny locations of developments wherein it would b~ optimum to be scrviced by existing franchises. Under the rropos~d policy, the Board would have to make a decision regarding cxpðnding those franchises ~nd, if this is done, the plant and land 50rving that franchised area cannot be deeded to the County. Therefore, the County may find itself in D position whore .1 dc:::icion ~loulcJ have to be made bp.twacn whðt is best for the utility customer and whðt is best for the County. Mr. Barton conclucJed his statements by saying that he sees ð myriad of problems that have not becn thought through regarding the . adoption of the proposed Utilitit3 Policy. lie suggested that the Board consider these observations carefully ~nd reassess the entire Bcope of philosophy rcgarding the Coun~y's Utilities Policy. In answer to Commissioner Brown, Mr. Barton stated thðt ho did not feel that the time that stnff will require in order to prepare thø rclevant documentation, ordin~nces, etc. for execution is sufficient to study the matter thoroughly, adding that he feels stron~ly that tho County noeds to address many of tho problems that he has outlined before adopting the Policy. Hc said that, in his opinion, tho 80ard is considering nction comparable to "buying ð pig in a poko". Pag. 4 J .. .." ~ .........~"'..:.. , ~ I I t I I I J I I l Dccember 15, 1981 Mr. ßarzon offered the following rebuttal to Mr. Barton's statcments: 1. Regarùing frònchised areas, the policy indicates that where a development is contiguous to, or 15 situated in such a manner that it could be serv~d by, n frðnchise area, thc County could enter into a Servicc Agreement with the franchise holdcr to provide bulk rat~ ~~rvice to th~t development. There will be areas where it would not mñkc sense to havc ðnothcr small p19nt constructed, i.e. on ~arco Tslñnd, where Dcltona is serving a devclopment o~t&ide of their service area under such ~n Agrecment. 2. Regarding administrðtive procedures, each situation will have to ~e handled individually in order to soe that the policy is followed through bcnp.ficially. 3. Regarùing access to the plñnts, eascments are now required to all lines and pump stations. The s~me requircmcnts would be applicable ~? plant sites. 4. Regôrding restoration of ponds, both parties would face the same problem and, under the policy, the County has the option of filling ~he ponds or ~ell¡ng the land "as is". 5 . Reg a r din g the l\g r e n men t wit h the C i t Y " ..t he· Bo a r d s h 0 u 1 d h 0 1 d a workshop on this subject ôftcr the first of the year. The media has reported thðt the City is opting to go off in a differcnt direction than was ~nticípatcd as lato ~s six months ago, wherein the service areas cùrved out hy the City of Nðples under Chapter leO of th~ Florid~ stùtutes is now somewhat at question. Although no commitments CDn be made at this point in time regarding the County's position on the City's propos31s, th~ subject policy is not in conflict with ðny "greements into ....hich the County hJS entered. ^ddition~l agrcements cðn be worked out with the City ðnd existing frðnchiscs on a bulk rate basis or the County may take the option of permitting theGe on-site facilities as "incomfl facilitics". 6. Regardin~ propcr maintanance and inspections, regardless of who owns them, the developer h~s a responsibility to maintain the utility plants. Plnnt m~inten~nce hos ðlw~ys been a problem and it will continue to b~ one, however, this will not require an expansion of the bure~ucracy. Commissioner Wenzel stated thnt, it has ðlways been his hope that, regardless of whether the land to be deeded to the County lies within the City of N~ples or the County, it could be turned into local parks. tO~ 066 tAct 510 PðgO 4" ßOOK 066 PACE 511 December 15, 19~1 Commiasioner Browl'\ withdraw his flecond to tho motion on tilt,) floor and Chairman Wimer stated that, rather than to bclabor this point, wi~h the permission of th~ BOðrd, h~ would like tho matter to be rcscheduled to n~xt wt3ek's agonda. Commissioner Wanze1 withdrew thc motion. Commissioner Wenzel moved, seconded by Commissioner Brown and cdrclcd 4/0, with Commissioner pistor absent, th~t tha con~lder~tlon of the adoption of ~ resolution affirming the approval of the County utilities Policy be rescheduled for 12/22/81. CHAIRMAN AUTI!ORIZED TO EXECUTE TilE SUPPLEMENTMJ AGREEMENT WITII C\J2M HILL SOUTIIEAST, INC., FOR SERVICES RE RF.GIONAL \'IATF.R SYSTEM Wf.LL FIELD Utilities Manager Irving Oerzon stated tnat, pursuant to the conditions outlined under Article 2, pùrðgraph E, of the 7/29/81 Agrcement with CH2M Hill Southe,~st, Inc., scrvices connected with the review of the pre-application d~tð, performance of ùcquifer tests and preparation of nn application for sn1MD permits, qualify as additional services. He sùid th~t~ these services arc essential to the development of the well field for the Regional Water System and he is recommending that the C:1airm,'\n be authc -ized to execute the supplemontal Agroement with the aforemcntined consulting firm for the estimated sum of $84,660. He cl~rlficrl the cost as including the estimated cost of the drilling subcontrðctor for the construction of the obscrvðtion and test wells and the engineering costs and expenses. Commissioner Wenzel asked if it Is necessary to engage the consulting firm for this work? He asked if the Utilitics Division could drill the teat well and make the necessary applications for pcrmits? Mr. Acrzon stated that time is of the essence and that it would bo faster for the consultants to do It as they do not havo to go Po1g e .. 5 December 15, 1981 through the bid process for the subcontractor. Also, it will prob~bly not cost any more to go through tho consultant. Chairman Wimer asked Mr. ßcrzon if the wolls could not be drilled for less money? Mr. Bcrzon stated that the cost for the well drilling is estimated, adding that the County will pay whatever the actual cost in. Commissioner K,use stated thBt she is not comfortable with the additional costs for the engineering work, totaling $55,260. Mr. Borzon stnt~rl th~t if this recommendation is not acceptable, then, he will hðve to advertise for consulting services (rom other engineers or geologists to carr~' out th..is work. He said that this would delay the project by about two months. County ^ttorney pickworth clarified that, even if adverti~ing is initiated, the County would not be going through the bidding procass. Mr. Bcrzon concurred, cxplafning that what would be done would be to place an advertisement for consultants. In anwer to Commissioner Krus~, Mr. Berzon stated that he did not negotiate this project with any other engineers. Commissioner Drown asked if it is nccassary to pay a consultant to do this work? Mr. Berzon stðted that if tho Board's intent Is to develop the Regional Watcr System's well field, the work must be don~. lie said that tho funds for this work will come from system devolopment charges. After a brief dir.cussion, Commissioner Wenzel st~t~å that he would reluctantly make the motion to approve execution of the Supplemental }\greem"nt, as recommended by Mr. 8erzon. However, he clarified his position thiH he believes that the fee is too high. Further, he requested that Mr. NormDn supply the Boðrd with ð definitive rcport on the total capitðl exrenditures for the development of tho County ~OOK 066 PACE 512 rag e 46 . I 1 eOOK 066 PAcE51~eccmbcr 15, 1981 Regional Water System Ðnd othcr capital expp.nditures that will rcquiro bonding. Mr. Bcrzon ~t~~~d thnt thnsn fund~ will not come from the General Fund; they will 'be provided by revenue from the syst~m. Chairm~n Wimcr ~sked if the proposed well ficld will yield sufficient water, for tho County past the year 1990? Mr. Berzon stated that it would not, adding that the well field will require expansion in 1990. Chairman Wimer stated that he is uncomfortable wit~ the thousands of dollars the County spends for consulting services. lie said that, with the funds that the County spends for one consultant ~fter the other, a professional export could bc hired .:1S part of the staff to do the work. He said that hc do~s not believe that the County gets its fair v~lue for the money it spcnd3 for these consulting services. He referred to tho pro po sed contrDct for services and said thDt he cannot understand what work co u I d be done in relation to f 11 i ng for permits II nd overseeing the drilling of wells when the County al re~dy knows where they are going tif be drilled. He questioned what could possibly cost this much monoy? Chairman Wimer cmphasized that he is terribly conccrned over the porsistant costs for consultants, uspecially when he begins to add all of thc costs for ~ll the various consultants together. He rcferred to the hard work that is put into keeping thc budget down and then all that work is undone by 3pcnding millions of dollars on hiring outside consultants. Commissioner Kruse suggested that the eOllrd take two-fold action; one, CJo ahc.)d .Jnd approve /'oIr. Berzon's recommendûtion for this project so as not to stall the Regional Wa to r Systcr.\ project; tI nd , two, the Board should develop a policy that requires that any consultant or P"ge ,.,7 ... ·_-<-_.....---,·_,·..'·'1~~-· Decembcr 15, 1981 engineorinq fees, which will be over Ð cortain amount of dollars, must be Ðw~rded by the competitive bid process. She said that she believes that the consultants arc charging tho County much higher fees than they would chðrge developors for the same work. Mr. ß~rzon exp1ðined that the "compotitive negotiations" process does noL allow for competing on fOPR. This was discussed briefly, during which Mr. ßerzon stated that consultants or engineers will give the County a price for work with0ut being told wh~t the scope of the project is. lie said that when the engineer did give the County a fee it would be in line with the scale of fees that the Engineering Society recommends. Commissionet Kruse secon~cd the motion on the floor which carried 3/1, with Commissioner Wimer opposed and Commissioncr pistor absent. . Commissioner Wimer dircct~d that the Board be furnished a comprehensive and detailed vlan on this "accelerated" Regional Water System". Mr. Berzon stðtcd that it will be available noxt weak. ~QOK 066 PACE514 PðCJO i\e December 15, 1981 SALE OF SCRAP METAL TO SCHNEIDER METALS, INC., AUTHORIZED; FUNDS TO BE PLACED IN COUNTY WATER SERVICE REVENUE ^CCOU~T Commissioner Wenzel moved, secondcd by Commissioner Kruse Ðnd carried 4/0, with Commissioner pistor absent, that the sale of scrap metal to Schneider Metals, Inc., be authorized and the funds be placerl in the County Watcr System rcvenue ~ccount. ROUTINE BILLS - PAID . Pursuant to Resolution 81-150, the following checks were issued through Friday, Decamber 11,1981, in payment of routine bills: FUND CHECK NOS. AMOUNT County Checks 1244 - 1632 S9SI'i,957.3ó Ceta 8273 83ló 6,550.75 . BUDGET AMENDMENT NO. 82-25, REDISTRIBUTING FUNDS TO PROVIDE FOR PERSONAL SERVICE AND OPERATING EXPENSES OF PUBLIC SERVICES ADMINISTRATION - ADOPTED IN TIlE M:OUNT OF $583 Commissioner Wenzel moved, seconded by Commissioner Kruse ~nd carried 4/0, with Commissioner pistor absent, that Budget Amendment No. 82-25, redistributil1g funds to provide for personal tiervice and operating expenses of Public Services Administration, be adopted in the amount of $583. J;OOK Ð56 PACt ~30 Pðq" 49 . December l5, 1901 BUDGET AMENDM~NT NO. 82-26, TRANSFERRING FUNDS TO PROVIDE FOR RENOVATION OF HEALTH DEPARTMENT DRANCII IN IMMOKALEE - APOPTED IN THE ^MOUNT OF $9,750 ,~ Commfssioncr Wenzel moved, seconded by Commissioner Kruse and r carried 4/0, with Commissioner pistor absent, that Budget Amendment No. 82-26, transfcrring funds to provide for the renovation of Health Department Branch in Immokalce, be adopted in the amount of $9,750. . &OOK 066 PACE 532 pago 50 . ì I I I I , ì I ~ , ~ ¡] Ii ~ ~ December 15, 19n1 BUDG~T AMENDMENT NO. P2-27, ESTAßLIsHING A SPECI~L FUND Fon THE SHERIFF'S CONFISCATED MONEY ^ND PROCEEDS FROM SAL~ OF CONfISCATED PROPERTY IN ~cconDANCE WITII 1980 ~MENDMF.NT TO FLORID^ ST^TUTE~, AND APPROPRIATING CONFISCATED MONEY - ADOPTED IN THE A~OUNT OF $12,~32 Commicsion~r Wenzcl moved, seconded by Commissioner Kruse and carried 4/0, with Commissioner plator absent, th~t Budget Amendmont No. 82-27, establishing ð special fund for the Sheriff's confiscated money Ðnd proceeds from sale of confiscate~ property in accordance with 1980 amendment to thC! Florida Statutes, Chapter 943.44 and appropriating . confiscated money, be adopted in the amount of $12,~32. . MD~ 066 rAtE 534 PlHJe 51 . Decembcr 15, 19C1 BUDGET AMENDMENT NO. 02-28, TR^NSFERRING FUNCS TO PROVIDE FOR PURCHASR OF MOVIE/GLIDE PROJECTORS FOR GOLDEN G^TE COMMUNITY CENTER - ADOPTED IN THE A~OUNT OF $1,300. Commissioner Kruse moved, scconded by Commissioner Wenzel and carried 4/0, with Commi~sioner pistor absent, that Budget Amendment No. 82-28, transforring funds to provide for purchase of movie/s1ido projoctors for Golden Gate Community Centcr be adopted in the amount of $1,300. . ~OOK 066 PACt 536 r;1C;;C 52 Dûccmbcr 15, 19B1 ßUDGET AMENDMF.NT NO. n2-29, TRANSFERRING FUNDS TO pnOVIDE FOR PURCI1MiE OF OFFICE EQUIPMENT/FURNITURE Fon W. I.C. PROGRM1 AT THE HF.AL't'H DEPART- MENT - lIDOPTED IN THE ",."om'IT OF $1,577 Commissioner Brown moved, second ad by Commissioner Wenzel ðnd carried 4/0, with Commissioner pistor nbsent, that Budget Amendment No. 82-29, trnnsfcrring funds to provide for purchðse of office furniture/equipment for \'I.I.C. Program at the Health Department, be adopted in the amount of $1,577. . &OOK 066 PACt 588 P.'Igc 53 ... Dt'ccmbcr 15, 1981 BUDGET AMENDi-lENT NO. 82-30, TRANSFERRING fUNDS TO PROVIDE FOR PuncnAzr:: OF FILM AND CASSETTES FOR USE IN PUBLIC IIEALTH EDUCATION (BEAL'1'1! DEP^RTMENT) - ADOPTED m TilE AMOUNT OF $7115 Commissioner Brown moved, seconded by Commissioner ~~nzcl and carried 4/0, with Commissioner p!stor absent, that Budget l\mendment No. 82-30, transferring funds to provide for purchase of film and cassettes for use in Public lIealth Education (Health Dcpðrtment), be ZJdopted in the ðmount of $745. . &OO~ 006 PACt 540 Page 54 . ... December 15, 1981 REQUF.sT BY \-TORLD TENNIS CENTW ASSOCI';TEG, FOR T1ECO~'STI'FRA'1'TON OF BOARD ACTION TO DENY PETITION R-ßl-26C, Fon P2 ACnE pun ON AIRPORT ROAD GRANTED; PETITION TO BE RECONsIDERF.~ AT EARLIEST DATE POSSIBLE After ^ brief discussion rcgarding tho provisions of Ordinance 81-54 relevant to reconsiderations of Petitions and the time constr~ints relative thereto, Commissioner Wenzel moved, scconde~ by Commi~~ionor Brown and carried 4/0, with Commis5ioner pistor absent, that the regue~t by World Tennis C~ntp.r Associates, for reconsideration . of Board action to deny petition R-81-26C, for an 82 acre PUD on Airport Road be granted and that the reconsideration be scheduled for the earJiest possible date. REQUEST BY MR. (, ~'¡f~S. C. CIIl\RLE:s FALCO, FOR Rr.CONSIDERATION Or: BOMRD AC:rION TO DENY PETITION PU-01-16C, FOR A PROVISION11,L USE -FOR A B('ARDING SCHOOL IN GOLDEN GATE ESTATES - GRANTED; PETITION~O BE RECONSIDERED AT EARLIEST Dl\TE POS5IRLE Commissioner Wenzel moved, s~condad by Commissioner Brown and carried 4/0, with Commissioner pistor absent, thñt th~ rcquest by Mr. & Mrs. Charles Falco, for rcconzidcration of Bonrd action to de~y petition PU-81-lC>C, for ð previsional use for a boarding school in Goldcn Gate Estates be granted and that the reconsideration be scheduled for the earliest pODsible date. TRAVEL AND ATTENDANCE AT WA7~H MANAGEMENT SYMPOSIUM FROM J~NU^RY 10 THROUGH 12, 19ß2, IN PALM BEACI!, FLORIDA, BY COMMISSIONER KRUSE - APPROVED Commissioner Brown moved, seconded by Commissioner Wenzel and cðrricd 4/0, with Commissioncr pistor abscnt, that travel and attcndance at the Water Management 5ymposium from Jðnuary 10 through 12, 1982, in Palm Belich, Florida, by Commissioner Kruse, be approved. aOOK 066 PACi 542 Pðgc 5S . !. "".""".'--;-'''''''''*'! tOOK 006 ~ct 54-3 DccombQr 15, 19B1 nESOLU'r!()N 81-2()1 nEAPPOINTING DR. COX TO TilE HEALTH FACILITIES !\UT!10nIT'f - l\DOPTI:-:D Commissioner Wenzel moved, seconded by Commissioner Brown ~nd carried 4/0, with Commissioner pistor absent, that Resolution 81-261, rCDppointing Dr. Cox to the Health Facilities Authority, be adopted. . Page 56 .' ~.~''''''----.....-,..." .,~,'-,.'- eDCK 000 l'A~545 nccember 15, 19r:H REPORT BY PUOLIC WORKS ADMINISTRATOR CLIFFORD BARKSDALE RE NORTH ßRIDGE TO COPELf\ND h'¡lICI! S\JST!\INED DAM!\GES BY MJ OVF.RL()AD80 TRACTOR/TH!\IL8R 1.2/7/01 - NO J'.CTIOt: ':'!d:EN; ¡;Un7riER í\:::cor.':",r:::r.,·,7!C~:S TO rr. FOR'T'I1Cm1INC: Public Works Mmil\istrator clifford Barksdal~ stat£!d that on December 7, 19ß1, tho north bridge to Copeland, off of SR-29, sustained severe damages when an overloaded tractor/trailer attempted to make a crossing. Hc said that prol iminary invostigation indicðtes that it wi 11 cost approximately $25,000 to rp.place the culvcrt with pipe in order to cut down on maintenanco, lInd rcplacemcnt of the bridge will cost betw~en $3S,000 and $45,000. lie reported tha t , os soon ûs he has roceived the figures fo r tha costs of pipe, etc, he will comc back to the Boord for authorization to commence the repairs/replacement. He furth~r reported thùt the County will be filing an insurance claim for damagcs ùgainzt the comp~ny to which the truck belongs. CERTIFICATES OF CORRECTION TO TAX ROLL f\S PR:'SENTED BY PROPERTY APPRf\ISER'S OFFICr. - ^U"HORIZED FOR EXECUTION BY CII^IRM!\N Commissioner Wenzol moved, seconded by Commiszioncr Kruse and carried 4/0, with Commissioner pistor absent, that the Chairman be authorized to execute the following Certificates of Correction to the Tax Roll, as presented by the Prop~rty Appraisor's office: 1981 TAX ROLL TANGIBLE PERSONf\L PROPERTY NUMBERS DATES -- 1981-74 - 1901-75 1981-76 1981-77 19£\1-78 1981-79 12/7/81 12/8/81 12/9/01 12/10/81 12/11/IH r1\gc 57 .. i I I I I í I; I, i ¡ I, r~ December 15, 1901 - - .. -. .. -... 1901 TAX ROLL . . 260 - 261 26.8 - 27.7 270 - 285 206 - 287 288 - 293 294 300 301 302 306 397 - 315 .- . -3 1 6 - 3 2 G 327 - 3-17 11/21/81 11 /30/0 1 12/1/81 _ .11/30/81 12/1/81 12/2/81 12/2/81 12/3/81 l2/4/ßl 12/7/81 12/8/81 - ,. ~ 10 DAYS EXTRA G^IN TIME GR^NTF:D TO INr~^TE NO. - -37917 CHANGING RELE^SE DATE TO 1?/23/P.l Commissioner Kruse moved, seconded by Commissioner Brown ~nd cðrried 4/0, with Commissioner pistor Jbsent, that ten days extra gain time be granted to Inmato No. 37917, changing the r.e1case date to 12/23/81, as recommended by Sheriff ^ubrey Rogers, MtSCF.LLANEOU5 CORRESPONDENCE - FILED AND/OR REFERRED There bein~ no objection, the Ch~ir directed the following correspondence be filed and/or rcferrcd to the various departments as indicated: 1. Copy of DER R¿newa1 Notice dated 12/4/81, rc Permit for Naples Transfer Sti:ltion (5011-49780) (11/30/81). OriginD1 to Clifford B~rksd~le; xc Filed. 2. Copy of DER R~newal Notice dated 12/4/81, re Pcrmit for Marco Isl.:lnd Tr,1nsfer f,tation (SOll-4977ß) (1l/30/81). Origin.:ll to Clifford Barksdalel xc Filed. 3. Copy of Corps of Engineer/DER Public Noticc dated 12/7/81, rc ~pplic"tion for ~ pcrmit re construction of parkinq lot for Tigertail Beach at Clam Pass, Section 7, T52S, R26f., near Marco Island. original to Clifford Barksd~lc1 xc Filed. Page 5C , - - ~oo~ 066 fAC£ 546 80~X 066 PACE 547 Decembcr 15, 19(\1 4. Copy oC P.c501utlon from God~dcn County, Florida r0~up~tlng the Governor to rut tho problcm~ of 10cnl gove:rnml'r,c ~~II':'r,~ì.:· é:dìd sti1tc IOfJlldcJtcd progr¿;i:\s without Dccom?~nylng flncJne~z on upcoming 1cgi~lotiv~ ogcnda and rcquesting SC.dt.C financing (or mandateù programs or the rcmoval of county fin~neing th~reof. Filed. 5. Letter dated l2/5/81 from !va Garrett, objecting to inclu~ion of Crews Subdivision in Collier County Lighting District. xc Messrs. Norman and BcJrksdalc; F i 1 ed . 6. Lettcr dðted 12/2/81, from Jðmes I. Huddleston, Jr., M.D. stating thi1t it would be ð mistake to sen.mcnt the EMS into various smallcr districts, as it is presently efficient and cxtrcma1y well run. xc Mcssrs. Norman, Greenfield and Dorrlll; FlIed. 7. Letter dated P.1\., urging one ðgeney. F i 1 cd . 12/7/81, from Antonio G. Zampogna, M.D., the County to mðintain a unified EMS under xc Messr~, Norman, Dorrill and C.reenfield; 8. L~tter from Lloyd G. Sh~('h,~n, Flora Sun R~a1ty, supporting the proposed pine nidgc Industriûl park Municipal Service Taxinq nnd Benefit Unit. Also, requcsting the opening of the drainage canûl on the west sidc of the noya1 Poinciana Golf Course. xc Mcssrs. ßafksdole. Norman; Filed. 9. Lettcr dated 12/[1/81, from L. 1\. Mi'lcN.;Ibb, thanking County for abðtcmcnt of public nuisance adjacent to his home. xc Mr. Norman; Filed. 10. Copy of ~cmorandum to Terry Virtû from Sondra Yates Crew, CDßG Program Coordinator, dòted 12/4/8l, re proposal ~eadline rc the Land DevelopmenL Lo~n Fund for Low or Modcrntc Incomc Housing. Filed 11. Monthly Report from Building Dcpûrtmcnt (Novcmber 1981) re D\.¡c1ling Units pcrmitted. Filed. 12. Dcpartment of Vetcrðn & Community Affairs Notice dated 12/7/81 rc ðcc~ptðnce of ~pplications for Community Serviccs Trust Fund (CSTF) projects. xc Messrs. Norman Dnd Vlrtûl Filed. 13. PSC Notice of IIc~ring re !:'ockct No. 7e0712-TP, United Telephone Company of Florida, issued 12/9/81 re public he':Hing in Fort Myers, 10:00 A.M. 1/14/82 ro Order No. 10274. Filed. PIICJe 59 .. .. tl ... Decembcr 15, 1981 14. Mamoranòum dated 12/11/81 from Public Works Administrator rc Planning for the Transportation DisÐdvantðgcd, noting ð mooting schedule d for 12/16/01 ðt 1:30 re same. Filed. * . . . . . . . . . . . Thero being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 12:22 P.M. . BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS u~ ITS CONTROL . t9R!<.u~. Q~ ~ . ~ :11" ' Pðg t' 1)0 ~aaK 066 rACE 54.8 -_..".,."...~~._.,_.., ... December 15, 1901 AGENDA - APPROVED WITH ADDITIONS/DEFERRALS Commissioner pistor's absence this sQssion is indicated by 4/0 votes. Commissioner Wenzel moved, seconded by Commissioner Kruse and carried, 4/0, that the agen~a be approved with the following additions and deferrals: 1. 7A - pctition NZ-81-7C, Jamas Vensel and Assoc. continued to Decembcr 22, 1981. 2. 7F - petition CP-81-22C, Miami National Developing Corp., representing Albert, John and Martha Carmany - continued to January 5, 1982. 3. 711 - peUtion CP-8l-2t1C, Daniel Peck rcpresenting Lely Estates, Inc. - continued to Jf.lnuary 26, 1982. ' 4. 8B - ~ Reviscd Emcrgency Mcdicðl Servico Rates ðnd report. 5. 9B - Add approval of ðppraiser for Righ~-of-W~y work for Cross-r-Associatos, Ltd. - Requested by Mr. Barksdale. 6. l4C - Add rcquest hy Commissioner Kruse re her attendance at ð semi'ñ'ã7. 7. l4D - Add reappointment for Hcalth Facilitics Authority mc~ber:--Rcquested by Dr. Cox. 8. l4E - Add discussion re bridgc ~t Copeland, by Mr. Barksdale. RcquestëO by Commissioner Brown. 9. Approval of BCC minutes for December 1, 1901 - deferred to Decembor 22, 1981. MR. SHERRILL WOOD~, PRESIDENT, FIRST NATIONAL BANK OF NAPLES PRESENTED NUMBERED AND DATED COrIES OF "NAPLES, MARCO ISLAND, AN ILLUSTRATED HISTORY" TO Tllf. B~C Mr. Shcrrill Woods, President, First N~tional Bank of Nðples, explained that in 1981, the First National B~nk of Naples is concluding the 25th year celebration of the bank's serving Collicr County. He stated that the book, "~ðple8, Marco Island, An Illustrated History", PaC) e , &C~~ 066 fA~t 46t' -~.. .... ,_..,.-- -""""--.- BC~~ 066 P/\Cê 465 ' December 15, 1981 hðS been published by said Bank as ð permanent momento of that occa- sion, with considerable ðssist~nco from thu Collier County Historical society. Mr. Woods exp~aincd that the volumo, now available to bank -I."" customors, will become available to the general public, in 1982, as a benefit to the Historical Society. Ho presented personal, numbered and dated copies of the volume to each Commissioner. Chairman Wimer thanked Mr. Woods on behalf of the Board and expressed appreciation for the hard work which the book represents. PETITION NZ-8l-7C, JAMES VENSEL AND ASSOCIATES: REQUESTING AMENDMENT TO THE MARCO POINT "PUD" LOCATED ON THE SOUTHWEST PORTION OF MARCO ISLAND - CONTINUED TO DECEMBER 22, 19B1 At the potitioner's request, Petition NZ-Sl-7C, filed by James Vensel and Associateb requesting amendment to The Marco Point "PUD·, was continued to Decembor 22, 1981. ORDINANCE NO. 8l-86, CREATING IMPERIAL GOLF ESTATES PHASE II, STREET LIGHTING MST UNIT - ADOPTED Legal notice having been published in the Naples Daily News on November 25, 1981 as ev1denced by Affidavit of Publication filed with the Clerk, public hearing was held to consider the creation of tho IMpcrial Golf Estates Phase II Street Lighting Municipal Service Taxing Unit. Public Works Administrator Barksdale reforred to the Executive Summary d~ted lJ/12/81, and explained that tho currcnt Collier County . Subdivision Rcgulðti0nb require that street lights be installed in all Page 3 ... --, -.,",.." ... Decembcr 15, 1981 now subdivisions. He explained that this developer has opted for a street lighting district to be crcated by thc Board of County Commis- sioners. Hearing that no persons were registercd to speak, Commissioner Wenzel moved, secondod by Commissioner Kruse and carried, 4/0, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Kruse and carried, 4/0, that the Ordinance, as numbered and entitled below, be adopted and entered into Ordln~nce Book No. 13. ORDINANCE NO. RI-86 AN OTWINANCE CREATING TilE IMPf:RIAL GOLF ESTATES PHASE II STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; prWVIDING THE BOUNDARIES OF TilE UNIT; DESIGNATING TilE GOVERNING BODY OF TilE UNIT; AUTIIORIZING A TAX LEVY AS PROVIDED BY LAW; PROVIDING FOR CONSTRUCTION AND AN EfFECTIVE DATE ORDINANCE NO. 81-87 RE PETITION CP-81-15C, DANIEL CONLEY, REPRESENTING WIIISPERING PINES, INC., REQUESTING LAND USE AMENDMENT FROM RESIDENTIAL L~'¡-MEDIU¡'\ DENSITY TO RESIDf.NTIAL MEDIUI1 DENSITY FOR APPROX. 98.04 ACRES OF PRCPERTY LOCATED APPROX. 600 FEET EAST OF U.S. 41 AND SOUTH OF ROYAL COVE DRIVE - ACOPTED WITH THE STIPULATION TIIAT PETITIONER APPLY FOR "PUD" ZONING TIIAT WILL MAINTAIN THE ~IAXH'UM 0-6.22 UNITS PER ACRE Legal notice having been published in the Naples Daily News on November 12, 1981 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider potition CP-8l-l5C, filed by Daniel Conley, representing Whispering pinos, Inc., requesting a land use amendment from residential low-medium density (0-4 units pcr gross acro) to residential medium density (0-6.22 units per gross acre), for approximately 98.04 acres in Section 15, T48S, R25E, located approximately 600' east of U.S. 41 and south of Royal Cove Drive. pagc 4 &C~~ 000 fA~è 466 ... ,- , ¡ J ~ ~. ~ t: I , ~ I ~ f ~ i J t i ~ ~ ~ . ~~~h 066 r-A~t461December 15, 1981 ~ .. ...... - . ....... Planner Tcrry Clark rcferred to the Executivc Summary dat~d ll/23/81, indicðted tl\o 10cðtion of the proport~ on ~ map on an ovor~'. head boa ed, and ùescribed th~ SUrrO\.1l1ù¡'I'; "VII!¡I';' Ht! ~xplðineù Lhð~ the deve10por proposes a multi-family residontial development at six units per acre. Mr. Clark explained that on Novembcr 19, 1981 the CCPA considered potition CP-Bl-15C and recommended dcnia1 of the petition. He stated that the general land aroa includes 100 + acres, that the sewage hookups to the County sewage system are limited to service 577 units, and that, under existing zoning, 830 units would be on the County sewage system if the arca were built to its potential. He stated that the petitioner proposes no dedication for parks, and that staff is rocommonding denial for the aforementioned reasons with the ~~st important objection being the limitations in the sewage treatment facilities in the area. Responding to Commissioner Wenzel's question, Mr. Clark stated . that stðff and thQ petitioner did discuss leaving the land uso at 4 units per acre, that the petitioner's originðl request was for modium to high density, and that his request was changed ~o medium density for the entire arca. Mr. Clark said that the petitioner proposes filing a straight rezone which is "RMS-6", that would allow 6 units per acre. Commissioner \'¡cnzel stated he fe1't the property should be left at 4 units per acre. Mr. Daniel E. Conley, ropresonting tho petitioner, explained that Lloyd G. Sheehan, President of Whispering pines, Inc., was present to pag e 5 .. r~~'~ --'- "' . " .'.. December 15, 1981 respond to tcchnical aspects of the,application and Mr. Conley intr~- duced Dr. Neno Spagna, the petitioners' consultant. Referring to tho map which Mr. Clark used, Dr. Spagna explained that tho requested 0-6.22 units por gross acre would allow the poti- tioner to move the units within the property covered by pe~ition CP-8l-l5C to provide a buffcr between said property, the Imperial Golf Estates west area, currently undcr ðiscussion, and the Royal Cove Mobile Home Subdivision, immediately north of the property in Petition CP-8l-1SC. Noting the existence of the Krehling concrcte mixing plant marked in ~ on the map, Dr~ Spagnð explained that ~he petitioner would like the latitude of the highcr density to provide a buffer between the industrial activities of that plant and the prope~ty under discussion. . he said that the petition~r plans to have a gradual transition betwecn the multi-family zoning on the cast, the Kreh1ing concrete plant and the mobilc home park to the north, in order to place the residence units to provide a harmonious transition between the areas leading to the commercial zoning on the east side of U.S. 41. Dr. Spagna stated that, although there is no provision for the dedication of parks in this petition, thero will be an abundance of open space and park areas which will be retained for use of the people in the subdivision. \I.: explained tho!\t on.) of the marketing require- ments of the project is that the devo10pers mðintðin the area as private as possible. Dr. Spagna explained that there is onough water to provide sorvice to a certain amount or units, that this subject has been discussed with .. , , . . " :'ac¡ ct 6 . . ,. t.,. ~ 066 IW: ~6Q , , " . " .. í ' I ,{ ì), ""~' t o¡,'f' ~' ':J :,." .~' , ~l ! ,: i i l. ¡, 'I' l ï I I I ... ~ OóG PRóe '-ib9 December 15, 1981 Utilities Mange: Ber:on, ðnd that a private sow~go plant is on tha site, which can be Jctiv~ted to corve ns an interim f~cility, until such time as tho County is able to provide servico to the development. Dr. Spagna gave tho Commission~rs a copy of the memo, regarding the water and sewer facilitios for the proposed developmont, which Mr. Borzon sent to Co~munity Development Director virta before Petition CP-81-l5C appeared before the CCPA. fie explained that tile property owners are willing to work with the utilities systems division. Dr. Spagna stated rc density that the Mr. Sheehan would bo willing to agree to a stipulation that tho developers will return before the BCC for thc approval of the final layout and to stay within 4 to 5 . units per acrc, if the BCC feels that granting the requested zoning should be donc on that basis. . Responding to a questIon by Commissioner Wenzel, Dr. Spagna said the petitioner had not committed to 4 to 5 units per acre but that the propcrty owners were willing to do so. With regard to the use of the old sewage treatment plant, Dr. Sp~gna said that Mr. Berzon had stipu- lated necessary improvement£ to that plant which th~ petitioner is willing to provide. Responding to a question by Commissioner Brown, Dr. Sp~gnð said that the present sQwage system will serve a limited capacity until such time as the County water/sewer expansion is com- pletcd, at an estimated projection of 18 ~~nths, unless the privato sewage trcðtment plant is activated. RespondIng to Commissioner Krusc, Mr. Virta said that the afore- mentioned mcmo from Mr. Berzon was discussed before the CCPA, and ho "'.1 ; added that the st~ff recommendation to the developor was to work within Page 7 . . '....~'r..~.. . ~ ., .., . ","1 ~-~'-"""" December l~, 1981 ..I thB presently allowed density limit which is 4 units per acre. H~ explained that an application for a "PUD" would h~ve to be made by the developer for highur density and that the only discussion that staff has had with the developer has bcon for "RM-l" or "RM-6", should rezoning be in plðce when ~n app1ic~tion for a "PUD" was made. Mr. Virta said that the developers have not indicated a desire for a "PUD". Dr. Spagna said that there is no provIsion in the ·PUD" ordinance to allow the developers to work within the category and stay at ~ units per acre and that is why "RM-l", (0-6.22 units per gross acre) has been roquestod to ðllow the devclopors to cluster and move the 'buildings to take the best advantag~ of the surroun1Ing land uses and to provIde for more open space. A discussion followed during which Mr. Lloyd Sheehan stated that . h~ had mentioned during the CCPA heðrin9 that the developers had stipulðtcd they would not cx~ced ~ or 5 units per acre. He explained that the reason for the changa in tho Mastcr Plan is that the devel- opers need to clustcr the units and that multi-family zoning would be needed. He said that the pro sent single fa~ily zoning would crcate problcms because of the amount of buffering which is required. Chairman Wimcr noted that the developer is not asking for a drastic change in density but is asking for a change from single family lots to multi-family zoning to ~lu5ter the residence units. Mr. Shechan concurrad. Mr. Virta stated thðt objective could be ~ccom- p1ishcd through an ðpplication for a ·PUD", which would allow for multl-fami1Yr clustering and adequate separation desired in the 0-4 units por acrc. He said that the zoning for a property detcrmincs the Page 8 &n< 066 Wl ~70 ,,' am1)( 000 _~7i December 15, 1981 type of hou~ing Dnd that, at this point in time, the only way a dcvcl- oper can commit to 1imi~ations of density is through the "PUD" process. He noted that, traditionally, once the zoning is on the land, ð developer is allowed to go to the maximum provided by the zoning. Mr. Sheehan said that, if an app1icDtion for ð "PUD" is made, tho development would be delayed approximately 6 months, to go through all the necessary agencies. He expl~ined the developers have done the environmental "work" on the project. A discussion ensued during which County Attorney pickworth empha- sized that the Comprehensive Plan would have to be amended if the density of the developmont goes beyond 0-4 units per acre. Mr. vlrta stated that the petitioner would have to go through the "PUD" process regardless. ^ lengthy discussion ensued, during which Mr. Pickworth stated that the BCC has to decide the question of whether or not the Compre- hensive Lðnd Use Pinn should be raised from 0-4 units per acre to . 0-6.22. Commissioner Kruse noted that an Increane of 98 units would be allowed in the development if the density is raised to 0-6.22: Commis- sioncr Wenzel agreed. Commissioner Kruse asked if there was any other reason that the devclopers did not want to make ðn application for a "PUD", to which Mr. Shaehan responded nogative1y. He asked if the developors could give "something in writing" stnting that they will not oxceed 4-1/2 units per acro or possibi1y 3-3/4. Mr. pickworth stated that if the developer cðme back to the BCC with a "PUD" document which exceeds 0-4, he would not be allowed to proceed with construction if the Comprchonsive Land Use Plan has not bean raised. '\ Page 9 .......I!--~ , . ... Decembor 15, 1981 Hearing thllt thcre werc no persons rogistered to speok, Commis- 8ioner Kruse moved, second cd by Commissioncr Wenzel and carried, 4/0, that the public hearing be closed. Chairman Wimer entertained a motion to approve the Comprehensive Land Use l\mendment with the stipulation th~t the petitioner apply for .PUD" zoning thðt will maintain the m~ximum 0-6.22 units per gross Acre. Commissioner Wenzel so moved, seconded by Commissioner Kruse and cArried 4/0, that the Ordinance, as numbered and entitled below, be adopted and entered into Ordinance Book No. 13. ORDIN^NCE NO. r.1-87 AN ORDINANCE AMENDING ORDIN^NCE 79-32, TilE COMPREHENSIVE PLAN FOR COLLIER COUNTY, FLORIDA BY ¡',ME:NDING TilE LAND USE ELEMENT WORK STUDY AREA MAP n2 FROM RESIDENTIAL LOW-MEDIUM DENSITY (0-4 UNITS PER GROSS ^CRE) TO RESIDENTI^L MEDIUM DENSITY (0-6.22 UNITS PER ~ROSS ACRE) ON THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF SECTION 15, TO\'¡NSIIIP 48 SOUTH, RANGE 25 EAST, MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE D^TE. PROCLAMATIOto: PRESENTED TO RETIRING COLLIER COUNTY EMPLOYEF. THEODORE THORWOOD Chairman Wimer explùined that County emp1oyeo Thoodore Thorwood is retiring ~fter working for Collior County for ten years, and he read the Proc1am~tion prcparcd by Mr. Thorwood's stoff. Chairman Wimer congratulated Mr. Thorwood and expressed tho Board's thanks and appre- ciation for his cíforts on behalf of the County. Commissioner Wenzel moved, seconded by Commissioner Kruse and carriod, 4/0, that the following Proclamðtion be adopted. Page 10 ~ 066 .172 . .. December 15, 1981 ORDINANCE NO. 81-88 RE PETITION CP-81-18C, WILSON, MILLER, BARTON, SOLL , PEEK, INC., REPRESENTING SOUTH~nN PROPERTIES DEVELOPMENT CO., REQUESTING A LAND USE AMENDMENT FROM RESIDENTIAL MEDIUM DrNSITY AND COMMERCIAL TO RESIDENTIAL MEDIUM HIGH DENSITY FOR APPROX. 9.6 ACRES OF PROPEnTY LOCATED BETWEEN D^VIS BLVD. & ESTEY AVE., ^PPROX. 1/2 MILE EAST OF AIRPORT ROAD - ^DOPTED Legal notice having becn published in the Naples Daily News on November l2, 1981 as evidenced by Affidavit of publicntion filed with the Clerk, public hearing was held to consider Petition CP-8l-l8C, filed by Wilson, Miller, Barton, 5011 , Peek, Inc., represcnting Southern Properties Development Company, requesting a land use amend- ment from residential medium density (0-6.22 units per gross acre) and commercial to residential medium high densi~y (6.22-30) for approxi- mately 9.6 acres in Section 1, TSOS, R2SE, located betw~en Davis Boulcvard and Estey Avenue, approximately 1/2 mile east of ^irport . Ro ad . On a map on an overhead board, Planner Terry Clark located the subject property which he indicated as outlined in white, and he described the surrounding area. lie referrcd to the Executive Summary, datod 11/23/81, and explained that the petitioner has submitted a "PUD" which limits the development to 10 units per gross acre. lie sto1tC:ld that after considering potition CP-8l-l8C on November 19, 1981, tho CCPA forwarded the petition to the DCC with a rocommendation of approval and tnat staff also recommends approval for this land use. Responding to Commissioner Wenzel's request regðrding the previous complaints re cloaring out debris and putting fill in the location of tho sewago package plant, Utilities Manager Irving Borzon commented that said plant should comply with Collier County's package plant policy and he noted that item llA(l), on the agend~ (or-this meeting, r f"'" ..# ... Pago 11 ðQ~ 066 rm:474 . ...-.-...."",,...""'. M~ 066 l'ACE415 Dccember 15, 1981 addresSOD ~ resolution of policy for County utilities. Responding to Commissionor Wenzel'· s question ro the 10cðt.ion of the packag~ pla'nt' '(Jr' tho proporty under aiscussion, Mr. Berzon saiù t.hdt the DER would hdve to approve the site and that he did not seo why approval would not be granted. Commizsioner Wenzel noted that tho sewage plant has been located so that it would not be near ~nybody. Mr. Wafaa F. Assaad of Wilson, Miller, Barton, SolI' poek, Inc., reprosenting the petitioner, briefly described the "PUD" in Petition CP-Bl-18C, which proposes a maximum of 96 dwelling units, approximatoly 1,000 square feet each, at 10 units per gross ðcre. He described tho current surrounding land use and zoning and explained the landscape buffer to be located between the commcrcial zoned properties and the established residential properties. Mr. Assaad stated that no lakos will be permitted in order to accommodðte the water management requirements. Mr. Assaad explained that the developers have held meetings with . the hom~owners of Flamingo Estates and othcr interested parsons ðnd that he is not aware of ^ny remaining problcms. Hearing that no persons were registered to speak, Commissioner Wenzel moved, seconded by Commissioner Kruse and c~rrled, 4/0, that the public hearing be closed. Commissioner Kruse moved, seconded by Commissioner Wenzel, that the Ordinance, as numbered and entitled below, be adopted and entered into Ordinance Book No. 13. County Manager Norman suggested that somo stipulation be included re the BCC's earlior discussion concerning the County's utility systems policy. Mr. Assaad stated that the developer has no problem with the dedication of tho sewago treatment facilities Page 12 ..- . .. Docember 15, 1981 to Collier County, but that the property would remain under the owner- ship of the developer. Chairman Wimer noted those details should moro appropriately be addressed at the time of the rezone of PetitIon CP-8l-l8C, to which Mr. ^ssaad agreed. Upon call for the question, the motion carried, 4/0. ORDINANCE NO. 81-88 AN ORDINANCE M\ENDING ORDIN^NCE 79-32, THE COMPREHENSIVE PLAN FOR COLLIEn COUNTY, fLORIDA BY AMENDING TilE LAND USE ELEMENT WORK STUDY ^RE^ MAP.4 FROM RESIDENTIAL MEDIUM DENSITY (0-6.22 UNITS PER GROSS ACRE) AND COMMERCIAL TO RESIDENTIAL MEDIUM-HIGII DENSITY (6.22-30 UNITS PER GROSS ACRE) ON TilE FOLLOI-lING DESCRIBED PROPERTY: A PORTION OF SECTION 1, T'JWNSIIIP 50 SOUTH, RANGE 25 E^ST, MORE rl\RTICUL^RLY DESCRIB~D !!EREIN; AND PROVIDING AN EFFECTIVE DATE. . ORDINANCE NO. 81-89 RE Pf.TITION CP-8l-2lC, NED JOHNSTON REPRESENTING JOHN RODGERS AND W^LTER WCLFE, REQUESTING LAND USE AMENDMENT FROM RESIDENTIAL MEDIUM D~NSITY TO COMMERCIAL FOR ^ppnox. 12.6 ACRES OF PROPERTY LOCATED SOUT!! OF NAPLES AIRPORT AND WEST OF ROCK DRIVE - ADOrTED Legal notice having been publis~ed in the Naplea Daily News on November 12, 1981 as evidenced by Affidavit of publication filed with tho Clerk, public hearing was held to consider Petition CP-Bl-21C, filed by Mr. Ned Johnston, requesting land uno amendment from residen- tial medium density (0-6.22 units per gross acre) to commercial for approximðte1y 12.6 acres in Sec. 2, TSOS, R25E for property located south of Naples Airport and west of Rock Drive. Planner Terry Clark indicated on a map on an overhead board tho location of the property and described the current, surrounding land use and zoning. He rcferred to the fc'lct that N.:1p1os Ai rport terminal .ls being moved to the ðrea, an~ explained that the resulting increased P~gc ·13 &OO~ 066 p~CE'476 . - "-'''''''-''''~'-''''''! ~QOK 066 r~~/f11 December 15, 1981 t '" . trAffic density ~long North noad will ,bo lIccommodatod by tho expansion of that roðd anù th~ installation of ~ Lrdfflc light. H~ sðid th~t the Floridi! DC?pt. of Trl)nspor-t"tion, Bureðll I")F. l-vi<ll",i"" -"l"Id t~~ N...pl~A Fdrport lIuthority have voiced approval of commercial land use in the petitioned area. Mr. Clark referred to the ExecutivQ Summary dated 11/23/81, explained that after considering Petition CP-Bl-21C on Novomber 19, 1981, the CCPA voted to forward the petition to the BCC with the recommondation of approval, and that stðff also recommends approval. Mr. Ned Johnston, representing the petitioners, explained that there is presently no commercinl zoning to ðccommodðte the increased activity which will result from the new airport terminal, i.e. a motel, rental car parking, office spaco for commuting business executives. H~aring that no persons wore registered to spoak, Commissioner Wonzel moved, seconded by Commisioner Kruse and carried, 4/0, that tho public hearing be closLd. . Commissionor Brown moved, seconded by Commissioner Kruse and carried, 4/0, that tho Ordinance, as numbered and entitled below, be a'opted and entared into Ordinance Book No. 13. Page 14 ... .."-~~, . , ._-~-_.__.., .~ .. December 15, 19A1 ORDINANCE NO. Al-89 AN ORDINANCE AMENDING ORDINANCE 79-32, THE COMPREHENSIVE PLAN FOR COl.LIER COL1NTY, FLORIDA BY AMENDING THE LAND USE El.EMF.NT WORK STUDY AREA MAP ~4 FROM RESIDENTIAL MEDIUM DENSITY (0-6.22 UNITS PER GROSS ACRE) TO COMMERCIAL ON TilE FOLLOI'HNG DESCIUBED PROPERTY: A PORTION OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, MonE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. PETITION CP-81-22C, MIAMI NATIONAL DEVEl.OPMENT CORP., REPRESENTING ALBERT, JOHN AND MART!!A CARMANY, REOUf.STING A LAND USE AMENDMENT FROM . RESIDENTIAL LOW TO RESJOENTIAL Mf.DIUM HIGH DENSITY FOR APPROX. 15 ACRES OF PROPERTY l.OCATED ALONG TilE E¡\ST SIDE OF AIRPORT ROAD API'ROX. 1-1/2 MILES NORTII OF PINE RIDGE ROAD - CONTINUED TO JANUARY 5, 1982 BY PETITIONER'S REQUEST At the rcquest of the petitioner, petition CP-81-22C, filed by Miami National Development Corp., requesting a land use amendmcnt for ~~proximately 15 acres of propcrty located along the east side of Airport Road, approximately 1-1/2 miles north of pine Ridgo Road was continued to January 5, 19R2. ORDINANCE 81-90 RE PETITION CP-81-23C, WILLI¡\M VINES REPRESENTING MANCIIESTER INVESTMENTS, INC. AND QUAIl. CREEK DEVELOPMENT REQU~STING A LAND USE A¡.IE~DI"F:NT FRm, "GRICULTURE TO RESIDENTIAL LO\~ DENSITY FOR APPROX. 194.3 ACRES OF PROPERTY LOCATED ALONG TfE NORTII SIDE OF IMMOKALEE: ROAD AND SOUTH OF TilE EXISTING QUAIL CREEK DEVELOPMENT - ADOPTED Legal notice having been publishcd in the Naples Daily News on November 12, 1981 as evidenced by Affidavit of Puhlication filed with the C~erk, public heðring was held to consider Petition CP-Bl-23C, filed by William Vines, roquosting a land use amendment from agricul- turo to residential low density for approximately 194.3 acrcs of property located in S~c. 20, T48S, R26E, along thc north side of Immokalee Ro~d and south of the existing Quail Creek Development. P!ðnnQr Terry Clark indicatod tho location of tho pro.p~r.tx_on ð , ,png e 1 S ðOOK 066 PACE '478 . ,....,._--_.... ~oo~ 066 PACE'479 December 15, 1981 map on an overhoad board Dnd e~plained .that U.~. 1-75 10 approx1mato1y 1/2 mile west of tho pctitic~ r~opcrty. r.c~p~~di:ìg to Com~iGsioner', Wenzel's question, he indicated the entrance to tho proposed develop- ment which will run up to thc existing Ouail Creek Development. He referrod to the Executive Summary dated 11/24/81 and stated that after considering this petition on November 19, 19B1, the CCPA forwarded same to tho BCC with the recommendation of approval and that staff recom- monds approval. Mr. William vines, rep~esenting the petitioner, explained that petition CP-81-23C is a two-stage petition and that a submission of a Master Plan will be the second step. Hearing th~t thero werc no persons register~d to speak, Commis- sioner W~nzcl movcd, seconded by Commissioner Kruse and carried, 4/1, that tho public heùring be closed. Commissioncr Wenz~l moved, seconded by Commissioner Kruse and carried, 4/0, that the Ordinance, as numbered and entitled below, be adopted and entcrcd intô tho Ordinance Book ~o. 13. ORDINANCE NO. 81-90 AN ORDINANCE AMENDING ORDINANCE 79-32 TilE COIv'PREHENSIVE PLAN FOR COLLIER COUNTY I FLORIDA BY AMEHDING T:IE LAND USE ELEMENT WORK STUDY AREA MAP '2 FROM AGRICULTURAL TO RESIDENTIAL LOW DENSITY (0-2 UNITS PER GROSS ACRE) ON THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF SECTION 20, TOWNSI\IP 48 SOUTII, RANGE 26 EAST r~ORE PARTICULARLY DESCRIBED IIEREIN; AND PROVIDING AN EFFECTIVE DATE. Page 16 ... --'~--'-'"" , December 15, 1901 PETITION CP-81-24C, DANIEL PECK REPRESENTING LELY ESTATES, INC. REQUESTING LAND USE A~ENDMENT FOR APPROX. 23.5 ACRES OF PROPERTY LOCATED ALONG TIlE SOUTH SIDE OF RATTLESNAKE HAMMOCK ROAD, APPROX. 2-1/4 MILES EAST OF U.S. 41 - CONTINUED UNTIL JANUARY 26, 1982 BY PETITIONER'S REQUEST At the rcquest of the patitioner, Petition CP-8l-24C, filed by Daniel Peck, reprcsenting Lely Estates, Inc., requesting a land usa amendment for propcrty located along the south side of Rattlesnake Hðmmock RODd, ~pproximðtely 2-1/4 miles east of U.S. 41, was continued until January 26, 1982. .....RECESS: 9:50 A.M. RECONVENED: 10:02 A.M.····· POLIZZI/HEERY DIRECTF.:D TO cmn: BACK WITII VARIOUS FACTS AND FIGURES FOR COLLIF.R COUNTY GOVERNM~NT C~NTER EXPANSION Chairm.Jn WimE:r sa id , re furthcr considerc"ltion for tho proposed . sites for the new .Justice :cntcr, that he has been made a Wi!! r e that thcro was some confusion over the exDct wording of the motion pa ssed by the BCC last week rcgnrding samc. He statc~ for tho record that the intent of the BCC motion was for tho Board of County Com~issioncrs to expand the ùntirc Judicial ~ystem, not just the physical jail building, as necessary; a minimal-type expansion lasting for tho next few years, recognizing th~t the County Government will grow and thðt the buildings will keep growing in future years also. Ho explained that all support facilities as necessary for the aforemcntJonad expansion arc included, courtrooms, State Attorney, Public Defender, etc. Commissioncr Kruso stated this was hor understanding, and Commissionor Wenzel said that it had always been his understanding to phase out tho present courtrooms f3cilities. AdminlRtrðtivc Asslstc"lnt Dorrill thanked th~ BCC for the abovo Phgo 17 &OC~ 066 rACE 480 . . &OOK 066, PACE 48fecember 15, 1901 dircction and stðled that thore has been some initin1 confusion on th~ staff',s bch.û1f thðt the BCC was only tûlking ðb,ou~ a jail. Chairman Wimer said that the building would be the jail, Shoriff's Department, courtrooms, Stðte's Attorney, etc. Mr. Dorrill explained thDt what has historic~lly been referred to as the "Justice Center", under direction of ~he BCC, was to remain on the curr~nt Government Complex site. He said that this raport would show the continuing efforts of the archi- tects to show the BCC a Fifteen-Year, incrementalizcd construction expansion plan remaining on this site, with D minimum of associatod construction premiums for items such as parking garages. He explained that principals of all the firms associatcd with the expansion project arc present. Project ManDgcr 80b ZimmQrm~n, of Ross/Ehrenkrûntz, explained the diagram on the overhead board which showed a Fifteen-Year expansion plan for the jail: the Justice System and the parking needs. He said th~t the jail is divided into two sections: the one story support . section Nhich would accommodate Booking and Receiving, and related facilities thðt should be on the ground floor and the two story build- ing ,,~,ich would provide tha housing portion of tho program. Mr. Zimmerman said that the Judicial Center would house all the courts projected for the Five, Ten and Fifteen-Year incremental plan and that two floor~ would be added vertically to the existing Court- house, with horizontal expansion for additional office space for the State's Attorney, Public Defender and Court Rcporter. He explained that the Sheriff, who is now on the ground floor of the Judicial Building, would be moved to the second floor of the support section of the J.:Iil. Pðg e 1 R 1'·'....,...,·..·-, . . ' . L . ... December 15, 1981 Mr. Zimmorman said th~t the parking on tho upper left of tho diagram shows the Fifteen-Year parking plan for the Jail and Courts and that parking for the entire facility would require the lake to be filled to accommodate parking on the surface. He said garages are not being dizçu~sed ðt the present time. Mr. Zimmerman said that approximately 30,000 square fcet of office space could be added vertically to Building "F" and that horizontal expansion, i.e. the lake in front of the building, can be done. He stated that his company fecls, within the context of the existing site, that,Ross/Ehrenkrantz would be Dble to house the Fifteen-Year objec- '. tives for the Justice Center and the future expansion in tcrms of the County Government Complex. He pointcd out the importance of having the Sheriff's Department on the second floor of the pr~posed two-story building nnd said that the foundations of that building would be planned to Dccommodate Ddditional floors in the future. During thc ensuing discussion, Mr. Zimmerman st~ted that his firm had analyzed the County's Five, Ten and Fifteen-Year projections of need with the rC5ulting sit~ utilization plan. Responding to Commis- sioner Wcnzel, he explained that the green Droa on tho map, at the prescnt time, is a courtyard but he stressed that the plan is a -maxi- mum footprint- for the jail and the illustration docs not mean the plan 1tI the exact configuration. He said that the courtyard is important bOCDUSU tho prisoners will need light and air, and that this design provides security. Rosponding to Commissioner Brown, Mr. Zimmerman s~id that the lake aro~ is 3.5 acres and that tho cost to fill in that laka would be :pproximatcly $250,000. ncsponding to Chairman Wimer, he explained MOX 066 PACE 482 1'890 19 "--""'-"-.- MOK 066 rACE48~ccember p, 19~1 that filling in the lDKe would'nceð 'to' begin in .:Ipproximata1y fivo ycars to provide about qO parking spaces. County Manager Norman noted that the County is fnced with serious problems regnrding additional space needs end that since tho only expansion now being proposed is the Justice Center, he asked if the Board does not wish Ð construction program for the balance of time, to which Chairman Wimer answered negatively, and he stated that the BCC could hiro an architect at a later time. The other Commissioners concurred. Responding to Mr. Norman, Mr. Zimmeran said his firm visualizes that a dcfinition of exactly where the various departments, State's Attorney, Public Defender, etc., will be located as tho next step, and that those wreDkdowns will be reported by ROSs/Ehrcnkrantz in early January, 1982. Noting that Clerk Reagan has been in contact with other offices, Chairman Wimer asked him if he thought tho plan, as presented, would . satisfy the needs of the State's Attorney, Judges, etc., and ~r. Reagan responded affirmatively. ~r. Dorrill said that staff asked the Construction Manager to prepare some estimated revisions to the initial construction budget, which was approximately 30 million dollars, and to inform the BCC what impact the revisions wil' have. He stated that the departments and activitics immediately under the BCC will have no advcrse impact because spaces in the Building "F", currently occupied by tho State's Attorney and the public Defender, would be vacated. Mr. Daryl Bailes, with polizzi/Heery, explained the firm has made revisions, over the past few days, and specifically tried to develop Pago 20 . - 'DQcember 15, 1981 conclusive "bottom 1inc numbers" to accomplish the Five, Tan, and Fifteen-Ye~r cxpDnsion program. He explained the progr~m as presented represonts approximately 25 million dol1ûrs for the Justice Center Complex, Clerk of the Courts, Public Defender, Sheriff Department, Jail, etc., including some renovation. He stated that same numbcr for the Ten-Year plan increases to approximately 27 million dollars and for the Fifteen-Year Plan, with land availûbility and filling the lake .,being considered, the amount would be approximately 33 million. During the ensuing discussion, Mr. Bailes explained that the Justice Center complex space requirements are fie' to 70\ of the total expansion pro~r~m and that the cost is approximately 22 to 22-1/2 million ~ollÐrs, while the expense for the County is morc typically additions and renovations of existing space and w~uld cost considerably less. He said the currcnt numbers envision more rtnovation as opposed to previous concepts. Commissioner Brown recommended that the BCC stay with the Fivc- Year plan. Mr. Norman said he thought it would be desirable to cleDr up any quastion and asked that a written rcport be compiled. Chairman Wimer said he appreciated the bottom line cost, but his reaction is that the COât is "too much money". Mr. Bailes noted that the numbcrs have been developcd in ð short period of time and, there- fore, may be conscrvaLlve, but that, with the BCC's strong directi~n, his firm would like to robudgct the whole process based on the conservative plan and come back with the comparison numbers. Commissioner Wenzel asked if the plan is the minimum size tho County CDn "livc with" to meet State requirements, and he added he page 2) &~O~ 066 PACE 484 I ~OQK 066 rACE4.8~ecember 15, 1981 could not conceive the Jail shou1p requi,re"th£lt much space unless tho ; F~dera1 Government has iS5ued requirements. Mr. curtis pulitzur, of RoSs/EhrenkrDntz spoke about the courty~rd for the prison~rs. Commissioncr Wenzel noted that additional cost would go into the axtrð strong foundation. Mr. Bailcs stated that an important point is that the 2S million dollars includes spaces that will be utilized even for seven or eight year needs, ~nd he explained that the previous numbers mean that the County would rcally be building a Ten-Year jail, but that within three or four years the County may have to add jail cells. A discussion ensu~d regarding tho avilability of Federal Grant money, with Mr. Norm~n stating that staff has contacted ISI and that, at the pres~nt time, staff is not aware of any grant funds on the State or FederDl level. Mr. pulitzer explained that the tEAA program, which provided money for jail and prisoner construction, has bean phased out but that thero are currently eight billa in congress, onp. submitted ùy Senator Dole, which call for the Federal Government to lend assistance . to counties for jail construction. Hc stated that president Reagan's 'l'dsk Force on criminal Justico resulted in 2 billion dolliHS to bo channeled through the system during tho next four years, that thoro will be no funds this coming year, but that when the construction under discus~ion is "in the ground" by 1983, that funds may be available. Mr. Dorrill noted that tho initial progrDm involved a 416 cell jail. Chairman Wimer asked to rcturn to the bDSic cost to expand Building "F" by three floors. Responding to Chairman Wimer, Daputy Chiof Barnett aaid that tho County is currently short 3S to 40 colls: that colIs can alwðys be rented to the State; and that currently there pag Q 22 ... . I .. Decembcr 15, 19B1 aro no available jail cells in South Florida. He noted that peoplo arc aware that Collier County is building a new facility. Chairman Wimer directed thDt the following figures be furnished the Board, as soon as possible: 1. The cost for expansion of Building "F" up 3 stories. 2. A rough estimate of cost of increasing present jail facility by 100 cells. 3. The cost estim¿¡te for the addition of two Courtrooms. . 4. The cost for renovation of existing ja 11 ðnd courtrooms. 5. Expansion of Sher iff' 5 Department. *****At 10:30 A.M. Deputy Clerk Skinncr was rcplaced by Deputy Clerk D,Jvidson***** REPORT^ND DISCUSSION RE PROPOSED REVISED RATE STRUCTURE FOR EMS SERVICES; NO ~CTION T~KEN; ITEM TO BE CONSIDERED L2/22/Ðl public S,Jfcty Administrator Neil Dorrill refeired to the information outlined within the Executive Summary, dDted 12/14/81, regarding the proposed reviscd Emergency Medic¿¡l Services rate structure, and reported that, upon revicw of staff's original recommendations, th~ Emergency Medical Services Advi$ory council (EMSAC) appointed,) subcommittee consisting of Dr. Tom Clark, Dr. Hans Ehrhardt and Dr. Jack Grcenfield to undertake a careful ðn~lysis of the proposed rate structure. lie addccl that, purÐuant to certædn EMS^C concerns related to the inclusion of ð separate charge for ALG/BLS services as a part of the rate structurc, staff formulated a rcvised proposal for the rate structure and, after considerablc delibcration and caroful weighing of tho merits of each rccommended fee, the EMSAC voted, 7/1, to forward a recommend~tion for adoption of tho revised ~O~K 066 PA~ 486 rage 23 tlQQ~ 066 p~c£487December lS, 19£11 rate structure, DS outlined within the staff report, pages 3 an~ 4, effcctivo immediDtcly. Mr. Oorrill explained the major changes in tho rate structure, including the initiation of a $25.00 emergency treatment/cancellation charge; an ALS and a BLS surcharge; an increase in the base rate to $100; and chargcS for various things such as waiting time, special handling, drugs, etc. Ho said that thore will be a "special evcnts standbY" charge of $250 for the first 6 hours of a 12 hour period with $50 for each additional hour; chargeS for ~ccompanying prisoners; chargeS for body removnl and a $350 base rate charge for use of the helicoptor as an EMS vehicle, in nddition to the regular helicopter allocated rate. Mr. Dorrill recapped the information with the Executive Summary related to tho "averagc" rates that will result from implementing the proposed rate structurc, including approximately $179 for BLS $209 for ALS and $111 for most npn-emcrgency transports. He said that these figures wcrc used to calculate that, assuming that the EMS makes 3800 collected trDnsports (70\ collection rate), thc anticipated revenue will oe $696,205. He said that, based on this total, the r'1maining nine months of FY 1901-82 should produce $522,000 in revenues and, added to tho projccted collections for the first three months of this fiscal year of $80,000, the rcvcnuo target of $602,250, upon which the EI~S budget was projected, should bo achieved. Stating that ho is aware that the ambulance service will have to be subsidizod, Commissioner Wenzel added that he believes that tho public has been told, more or less, that thero would not be an increase in rates if the County tDkos over the ambulance sorvice. Ho said that pago 24 " . I Dcccmbcr 15, 1981 it is becoming evident to him that the County could end up "in the hole- by about $600,000 or $700,000 and he fecls that the answer is better collection policies rather than increasing the r~tes. Co~lssioner Wenzel made the following observations Ðnd/or recommenda- tions: 1. IIc rccommends that the staff investigate hiring n top quDlity collection agency. 2. He agracs with charging $25 for first aid/cancellation CDllS. 3. He recommends that the prcsent base rDtos not be changed. 4. lie agrees with th~ proposed charges for waiting time, sp~cial handling, oxygen, IV start, and medical proccdurcs/su~plias. 5. lie recommends thDt the fee for BLS be $2~.OO rather than the pr0posed $~5. 6. He recommends that the fee for ALS be $3'.00 rather than the proposed $75. Commissioner Wenzel staled that he will not vote for a proposal which includes increasing the base rate for ambulance services, adding that high~r rates could lead to the loss of the City of Naples, the prime user art:!a. Commissioner Kruse stateò that, whilo she agrees with charging the first Did/canccllation fee, the charge for body removal, the mileage increase and the proposed fec for tho use of the helicopter, she cannot accept many of the ot~er proposed fees as -fair". She further stated that she would not vote for an increase in the base rate and she suggested that the rate structure be "rcworked". Commissioner Brown stated that he is not inclined to vote for any increases in ratcS for EMS services. County Manllger tlorman stated thllt he> bclic\'cS the anticipatcd . pðge 25 ~co~ 066 PACE 488 . . . I ._... aDaK 066 PACE 489 December 15, 1981 collection rate of 70\ is very optimistic and that he does not believe th~t it would be posslb1e to ~ttain ð high~r pcrcentage of collection, even under the best of conditions. He added that, although the EMS has contracted with a reputable collection agency, he does not think that concentrating efforts solcly towards a higher collection rata will answer the problem of thc eminent deficit in tho EMS budget. He said that more revenue is required to offset the cost of operation, adding that ha projects that there will be a $350,000 to $400,000 "shortfall" if the base rates are not raised. StDting that he believes that there is some confusion as to what is being tcrmed as a "shortfall", Chairman Wimer requ~sted clarification rcgarding the exact amount that will have to come from the County's budget in order to meet the entire ambulance operation's costs. Man3gement ^n,llyst Henry Hill explained that $B41,000 was budgeted for EMS from the General Fund. He said that "user fee- revenUQS were dcsignatod at $602,000. He said that, if staff's projections arc correct and the "user fee" revenues are not as high as was designated because thc rates arc toe low, then, there will be an addi~ional "opcrating deficit" of approximately $300,000 which will have to be paid from the Gcneral Fund. Chairman Wimer asked if staff is saying that the "opcrating deficit" or the "subsidy" will be ar,roximately $1,000,000.? M~SGrs. H1ll ðnd Norman concurrcd that it could be closer to $1,100,000 or $1,200,000. Deputy Chief Raymond Barnett asked if the Sheriff would bc charged $25.00 every time that they called an ambulance and it was decided that a transport to tho hospital was not necessary? EMS Dircctor Douglas Greenfield statod that this foe is targeted at the individual who Pðqo 21; . - ... ,...-~....-". December 15, 19ß1 plnces a call for an ambulance and is given first aid but does not requirc transport. l1e said that it will not bQ directed tow,Hds those agencies which call for an ambul~nce as a matter of official protocol. Referring to Immoklllae as that area emanating the highest perc~ntage of "non-collections", Commissioner Kruse said that, while she does not advocate di~continuing this service to the poor, she feels that somathing has to be done to hotter determine which patients really require ambulance service nnd which do not before an ambulance is called. She said that this i~ oapccinllY important when dealing with those people that aro not likely to pay for ambulance service anyway. Mr. Greenfield addrcs::;ed thi~ problem "JY stating that'it evolves because the EMS lacks someone In Immokalee who is qUJlified to make that "medical decision". Hc said that 1'13 does not feel that ambulance . personnel should be put in a situation whoreby they arc responsible for making the determination of whethcr a "rca1" medical need exists, espccially because this i6 the area whero most EMS litigation arises. 110 refcrrcd to the term "mod ical abandonment" and statcd that while a patient may appear to be intoxicated, there is always thc chance that thore is a medical problem. IIc explained that anyone who has D mediC':lIl problem and is subsequently denied Dmbu1ance transport could initiate litigation against the EMS. He sDid that he has been r~questing medical assistance from doctors in the Immokalee arell for this purpose, and has not been successful, howcver, he intcnds to pursue the matter further. Referring to the many County DUbsldizcd medical programs in the Immokalco area, Commissioner Kruso asked if the associated physiciôns could be c^lled upon for this service? Mr. Greenfl~¡d said thðt h~ will continue to invostigate the possibilities because every &OO~ 066 PACE 480 rôq Q 27 ~ I I I ¡; i i í ~ I ~. ~ " ~ '! i BOOK 066 fAcE'49r Dccember 15, 1901 neeùless transport tics up EMS units ðnd puts a financial burden on the entire EMS progr.:1m: In answ~r to Commissioner Kruse, Chief Deputy C1erk/~isCð1 Officer H~rold lI~ll stated that, while there is no complete comprehensive statement aVDilable, tho County is nware that most of the uncollected EMS bills that have been turned over to the collection agency are from the Immokalee area Dnd that, at the present time, there arc $30,000 in outstanding bills due to wrong addresses from that area alone. In Dnswer to Commissioner Brown, Mr. Hill stated that, as of December 14, 1981, tnece is a totD1 of $160,000 in uncollectable bills because of incorrect addresses. Commission~r Drown asked Mr. Hill how he expects to raise the ratcs when the County is having a hard timc collecting bills based on tho prcsent rates? Mr. Greenfield stated that the problem is also associated with transients and the geography of Collier County and he s~id that a reputable collection agency has been hired that can go out of thi~ county and the state in an effort to collect thesc outstanding bills. He said that, hopefully, the percentage of . collections will be increased due to the collection agcncy's efforLs, howe"~r, it takes about 60 days before ðny impact will becomo evident. In answer to Commissioner Brown, Mr. Hill reported that the cumulativc percentage of collection is currcntly at ~2\ which represents a detinitive increase from 3.1\ during the first month'S opcration undcr the County. Commissionor Brown asked what the collection rate was for ambulanco scrvice undcr the prcvious ·free enterprisc. system? Mr. H~ll explained that Mr. Maguire was frcquently paid an incentive in the form of a percentage of collections of billings that were reported to the County ovcr 65\, therefore, the pago 28 . " ~ i , , I I ~ I I i ~ ~* ... December 15, 19B1 indication is that the percentac;ta of repor tcd billings was over 65\. There was a brief discussion rcgarding the operative philosophy behind the development of the proposed rate structure, dur ing which Mr. Hill stated that, bocause tho County's collection rate has been steadily increðsing, it may be too soon to decide that a 70\ rate of collection is too optimistic. He also said that he believes that the County should work backwards from the things for which collections cannot be made, while continuing to make a strong effort to collect that which can. He stated that it is not the intent of the County to try to mDnipulate the fec schedule to make up for that which cannot bc collected; thc intent is to bring thc rates "into line" with costs. He said that th~ "collection r3t~" is somewhat of a different issue. He took thé position that it would be better to brin~ the rates "into line" noW and, if it wcrc determined at a later datc that the projected rate of collection was not going to bc met, then, the County would have alrcady devcloped t sort of "middle ground" upon which ~dju5tments could bc madc. pointing out that it is undcrstood that both the rate structure and the ratc of collection arc "out of line" at this point in timo, Mr. Hill suggested that one thing be handled at a time. Mr. Grcenfield stated that it is his understanding that the County's collection rate is incrcasing at a steady rate and that it is currently closer '0 51\ and Mr. Hall concurred that the l~st three months indicate a ratc just over 51\, explaining that the 41\ figure is a cumulative percentage figure. Mr. Hall also ~tated that, because the County has not been operating tho ambu13nco that long, certain factors are not definitive, however, the time is ðppro~ching whero the figurc£ will inðlcate ~ morc accurate picture. &OOK 066 PAC£ 492 Page '9