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BCC Minutes 01/26/1993 R Naples, Florida, January 26, 1993 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building .', "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burt L. Saunders VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Bettye J. Matthews ALSO PRESENT: Dwight Brock, Clerk of Courts; John Yonkosky, Finance Director; Annette Guevin and Linda Warner, Deputy Clerks; Neil Dorrill, County Manager; Ken Cuyler, County Attorney; Ramiro Manalich, Assistant County Attorney; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator: Tom Olliff, Public Services Administrator: Bill Lorenz, Environmental Services Administrator; Leo Ochs, Administrative Services Administrator; Mike McNees, Budget Director; Dick Clark, Code Enforcement Director; Jeff Walker, Risk Management Director: Steve Carnell, Purchasing Director: Tom Whitecotton, Human Resources Director: Greg Mihalic, Affordable Housing Director; Russell Shreeve, I Housing and Urban Improvement Analyst; Vlad Ryziw, Transportation Engineer Project Manager; Ed Kant, Transportation Senicr Engineer: Ron Nino, Philip Scheff and Wayne Arnold, Planners; Sue Filson, ~~. Administrative Assistant to the Board; and Deputy Byron Tomlinson, :~:.?,~/~ ~0i~fheriffls Office. ~~'~..~~:-~~: .~.,c,..., k~~~'~.: ' 'If-: :' .~i~'::' . t:~ M01: om,,:.,>!. 01 ~." . :1, ; ~; '<'.' /l..~..,~'J ;l~, '. wr:;:- > :jitl; .-,.,'.J:.,':'....'.. ~~>~~) Page 1 January 26, 1993 ''1'ape .1 (318) It_lJ3 - APPROVED WITH CRANGES Co.ai..ioner Matthews moved, seconded by Commissioner Norris and carried unanimously, to approve the agenda with the changes as detailed on the Agenda Change Sheet and with the following additional change. : 1. Item #16El - Recommendation to waive the formal bid process for the purchase of parts and service with Neff Machinery and to ratify emergency Purchase Order #Z93-008 - Moved to #8E2. 2. Item #16G2 - Recommendation that the Board of County Commissioners authorize purchase of a wheel loader tor the Immokalee Landfill through the State of Florida Contract - Moved to #8G3. 3. Item #16Gl - Recommendation that the Board of County Commissioners approve a pilot program for cardboard recycling - Moved to #8G4. 4. Item #16B1 - Recommendation to authorize and approve a budget amendment and utility expenditure for the Radio Road Four-laning Construction Contract to include costs for the relocation of Florida Power and Light power poles at the Windjammer Village Mobile Home Park (reference County Bid No. 92-1893 - Moved to #8B2. 5. Item #lOC - Discussion regarding In-County travel - Added. ,:. . &OOK OCO pm 01 . Page 2 January 26, 1993 - APPROVED AND/OR ADOPTED The motion for approval of the consent agenda is noted under Item #16. (332) . . It.. .. MINUTES O~ THE SPECIAL MEETING OF JANUARY 6, 1993, AND THE REGULAR MEE'l'IlfO O~ JANUARY 12, 1993 - APPROVED Co.ais.ioner Volpe moved, seconded by Commissioner Norris and carried unanimously, to approve the Minutes of the Special Meeting of January 8, 1993, and the Regular Meeting of January 12, 1993. (315l5) It.. .:SA PRESENTATION OF THE "HEALTHY WORKPLACE AWARD" TO THE BOARD OF COUNTY COMMISSIONERS FROM THE DAVID LAWRENCE CENTER George Wilson, Acting Chairman of The David Lawrence Center, pre- , sented the Board with the "Healthy Workplace Award" on behalf of The David Lawrence Center and the Employee Assistance Services of South West Florida. -:!',' Commissioner Saunders accepted the plaque on behalf of the Board. ~1 " .)",' , k~. '(3n) ..0, . ~_~~:"I:~ ~B 1~"Bim.oYu 8IRVICll AIlARDS - PUSBllTBD [~<; " ~~~1' t-fj;~~' Commissioner Matthews congratulated the following er..ployees and I/:,,-': ~;""': presented their service awards: ~'/i :I:~. . Joseph E. Magri, Development Services - 15 years Gregorio G. Flores, Utili ties - 10 years Gary E. Hamm, Transportation, Road & Bridge - 10 years Abel S. Ramos, Transportation, Road & Bridge - 10 years Sharon E. Ardrey, Information Systems - 5 years Barbara L. Johnson, Parks & Recreation - 5 years Russell D. Muller, Transportation - 5 years (S16) ;;''''' ) ;It.. .SC ,,:t;~\',.<'\ ~~?:.:.:PRESEN'1'A'1'ION O~ THE GFOA DISTINGUISHED BUDGET PRESENTATION AWARD ~~~":~~"~- .~\ ",,' . y~> Mike McNees, Budget Director, explained the Government Finance Officer's Association (GFOA) Budget Presentation Award is given aDDK 000 w.~ 09 Page 3 _"_M._~"._,_" .. -~...,.~....,,_...__." '.._---- c, January 26, 1993 i.~; H~/ annually, and recognizes the Collier County budget document for FY92. '.,J', ' ~.,.. ~i~ He stated this is the fifth consecutive year that the Collier County ,,,. .~~ '" ft budget document has been awarded the designation as one that meets ~,!( . t;;;. (1:': program criteria as a policy document, an operations guide, a finan- .itl'.. t}:.'; ~: ~~ cial plan and as a communications device. He presented the award to ,'J., 'iji ~: the Board, and thanked the Staff of the Budget Office for their hard ,'~ }f work in continuing to meet the GFOA criteria. t;~ ~i;.., (a72) <:.. It_ .10B f:;'.' ~~: RKSOLU'l'IOlf 93-19 OPPOSING ANY OFFSHORE OIL EXPLORATION OR DRILLING ?~ ~::_ . PROJ'ECTS on I'LORIDA I S WEST COAST - ADOPTED Commissioner Saunders asked the Board to consider adopting a reso- lution of the Board of County Commissioners in opposition to any offshore oil exploration or drilling projects off Florida's west coast. He noted this item has been added to the agenda in order that it be transmitted to Tallahassee immediately, to a meeting being held this date by the Governor and Cabinet on this issue. Commissioner Constantine moved, seconded by Comaissioner Matthews and carried unanimously, to adopt Resolution 93-19 opposing any ott.bore oil exploration or drilling projects off Florida's west ~-. . < . i;:., co..t. ~;:; 1'~J""l . 'If.i;"'~';' ' ~~~~l ~", . ;f~";~ ,'.~)~f:' ~ ~;~Y:'~ ~,*,c" ~{;~~(". . ~!"" :~{<:. ;:.' ~,\..--,. . ;tr;':r.t:r).7 ., Rt..~! I~'I,... . ~~~~~; '.'" .:{,..-, aOOK oeo P~<:.t 10 Page 4 .c.,'; ~)' ~'q..~ to;: r)'~' :(:~~; o. I: . , January 26, 1993 (823 ) It_ HAl ,Bt1DGE'1' AtoIdus<<Jf rs i3-1l7 AND 93-11i - ADOPTED C~..ion.r lforris aoved, seconded by Co..issioner Volpe and carried unani.:msl y I that Budget Aaendments 93-117 and 93-119 be adopted. ; (823) 'It_ HAS BUOGE'l' AMElfDMEN'1' RESOLUTIONS 93-12 AND 93-13 - ADOPTED Coaais.ioner Norris moved, seconded by Commissioner Volpe and carried unanimously, that Budget Aaendment Resolutions 93-12 and 93-13 be adopted. ~:<., "1/';-<'" \.." . .~ '" ~;"". ~~K :;:~~;; t;~'~,\ ;', . ~-';':.'! !'~".'<~' " ..'- .to ~~';\.', . '~.""'" , ~~S;:T: ~,\".:., ,~C,<,. '" t~t~:; '. \~~v..:.., ~;~;." , .,::'~~J.J~' :'.' , fii~~f;. ' !i{{;.., ' ~~~~\'. ~",-,.,; Ie" . ',,;.- .,...... ',' I':? ..:. ~.;,~... ':~ '.,\ . ~~:.~;-.' :~:f:,.-" ~~;~~t~ ' ~...,,( ,- 1;;}',/;':-' _it;',\ ,- rr lOOK OeD N'~: 13 Page 5 January 26, 1993 " (598) I~_ .8A2 RECOMMERDATION '1'0 AUTHORIZE CONTRACTS FOR THE REMOVAL OF DOWNED TREES AND DEBRIS RESULTING FROM HURRICANE ANDREW - APPROVED WITH MODI J'I CA'1'I ON County Manager Dorrill explained during the previous week, the County opened bids for debris removal for approximately 475 residen- ~::'i,; tial lots on Marco Island for which Collier County has been determined I.,:.)> -:'.~>,:-: . to be re imbursed by FEMA. f>t t~-,,: ~(,:,,::" Dick Clark, Code Enforcement Director, added Staff has obtained let ; ~:~0;bidS from 29 contractors that the County routinely deals with. He :')."i.)>~ ": ~t 'said to insure the best possible bids, Staff also solicited bids from fir: :~~': five large biomass contractors on three large sections as opposed to ,t. . I" ~; the 37 sections the smaller contractors bid on. He noted the large l.::, {;:, biomass contractors' bids came in considerably higher. He recommended ~-~;.; t'", approval ot the primary bids totalling $537,775. He added a request -t', 1,/. - for approval of a portion of the $818,263 in secondary low bids as a contingency measure should some of the primary contractors fail to perform. He noted FEMA is discussing possible reimbursement of approximately $430,000. Commissioner Volpe questioned if the individual property owners will be assessed for the difference between what the County is paying ,and what FEMA will reimburse? 'f,r,', Mr. Clark responded in the negative, expounding that the ordinance \~"/ .~ :y:-<:: was amended to specifically exclude that responsibility from the pro- '4:,~"'~.<~li"" Y!}~;/ ' .foll:/' perty owner, because that was the only way FEMA would consider reim- ~:;~:;'~:::'bursement to Collier County. ;:I.,~ Ii' ' :i~, County Manager Dorrill clarified that provision was added to the ~.\:."l ordinance only in the case of a Presidential Declaration of Disaster. He said for any other case of normal lot clearing or mowing, the County seeks reimbursement. Commissioner Constantine inquired how many of the 29 bidders will utilized? Mr. Clark responded there were approximately 15 responsive bidders :'., aDDK 000 PA'~t 16 Page 6 ,~. ... ;~.'l.'i< -- _.h"'~'___"__'_''''___ ~. .-..-..----- January 26, 1993 of the 29 vendors solicited. County Manager Dorrill added the bid documents will be made part of the permanent record. Coaai..loner Norris moved, seconded by Commissioner Saunders, to waive formal bidding and approve the primary and secondary bidders tor the r~ of downed trees and debris on Marco Island resulting fro. Hurricane Andrew. Commissioner Volpe indicated he is reluctant to approve the secon- dary bid totals, pointing out a difference of almost $300,000 between the secondary and primary bids. County Manager Dorrill said he would like the flexibility of going to a secondary bidder if someone defaults or is running behind, without the necessity of coming back before the Board. He suggested the motion be modified to allow him the authority to go to the secon- dary bidders for up to 10% or 47 lots, and any further changes must be brought back before the Board. -'"., C~i_lon.r Norris aaended the motion to include County Manager Dorrill'.reGo...nded aodification, seconded by Commissioner Saunders. Upon call for the question, the aotion carried unanimously. (1016) It.. .12C2 UCOMMJDI'DA'1'ION 'l'HA'1' THE BOARD 01' COUNTY COMMISSIONERS ENTER INTO AX AGREBMElf'l' ~TB B a B PROPERTIES OF SOOTH FLORIDA, INC. , TO PROVIDE A DElISI'l'Y BOlfUS ~OR OAICHAVEN APARTMENTS IN IMMOItALEE - APPROVED WITH ADDITIONAL RESTRICTION ON RENTAL INCREASES Legal notice having been published in the Naples Daily News on January 10, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. ~! Commissioner Saunders noted Items #8A2 and #12C2 are Companion '\o~.;, I,. ~.~~~;: ' t~~ Items. He indicated a request has been received to hear Item #12C2 "!::.!!. . f4~,' t irst. ~f' . ~:;'" I f. If' . Russell Shreeve, HOUSing Program Analyst, expl.lned the gensral i~~ 1: , ..':, f"partner of Oalchaven Apartments, B lie B Properties of South Florida, I. ' ~}.,.. Inc., wishes to build 160 dwell ing uni ts in Immokalee, of which 159 ... " IDDK ceo pm 17 Page 7 -",,~,--~.~.-., _,_._~,,__~'-"r_..~'_"<" '.'._"",_, ..~ "...,..._ January 26, 1993 ,..,iil be affordable housing units, and the remaining unit will be for the resident manager. He reported the property is currently zoned Village Residential, which permits up to 16 dwelling units per acre, however, the Immokalee Master Plan allows only six units per acre in this area. Therefore, he said, the petitioner is requesting an addi- tional 7.93 units, which will result in a density of 13.93 units per acre on the subject property. Commissioner Matthews inquired how the additional 91 units will be accommodated on the property? Lance Bethea, Vice President of B << B Properties, stated they have met the open space requirements. He said they are designing a garden- style, two-story, eight-units per building project. The following people spoke regarding this item: Fred Thomas ," Fred Tarrant In response to Commissioner Saunders, Mr. Shreeve stated the income level required 1:0 rent the two-bedroom, $355 per month units, is $14,200, and the three-bedroom, $405 per month rentals require income of $16,200. Commenting to a concern of Commissioner Matthews, Mr. Shreeve reported for the next 15 years, they cannot rent to people who do not earn less than 60" of the median income for Collier County, and cannot charge rent of more than 30" of that 60" of the median income. Mr. Bethea explained the developer is under a tremendous amount of constraint through various governmental agencies ~o maintain the rents below a certain leve 1. Commissioner Norris remarked the Board is committed to promoting housing. However, he said, this agreement, once the den- and impact fee waivers are granted, will allow the deve- 'loper to charge $600 for a family of four immediately. He indicated that is not the intent of the Board, and suggested that an agreement be reached with regard to the fluctuation of rents for this project. Mr. Bethea communicated B << B Properties has a tremendous moral &OOK r.CO p'rt 18 J . "'~I. Page 8 _....._~-~...- ,.~ _~-'~.._....,_~"..."~"._~__........~..-.,".~""." "',-'M. 1-:" 1,- t.v, January 26, 1993 ~l' &;,. t" , obligation in Immokalee, and is committed to providing affordable _~,l" ,'(.>. ~,,:.,' housing for that area. He added his company is willing to commit to !" t?';'. ':', , no greater than a 5% increase in rents per year. :~!..,. t~' "., . " Commissioner Norris suggested rental increases be tied to the Con- '\" }~.. Index whichever is lower. sumer Price (CPI) or 5%, Mr. Bethea indicated that B << B Properties would not object to including that stipulation. Coaai..ioner Constantine moved, seconded by Commissioner Matthews and carried unanimously, to close the public hearing. Coaaiaaioner Matthews moved, seconded by Commissioner Norris and carried unaniaoualy, to approve the Affordable Housing Density Bonus Agreement between the Board of County Commissioners and B & B Propertie. of South Florida, Inc. , with the stipulation that a rent ..calation clan.. be added, that rents will not increase on an annual b_i. by ..r. than the CPI or 5', whichever is lower. SEE PAGES /~O - /9/ . .i.'tlO~';C~ ~ il.1 '.' -,---~----~.- ---...----.. -------~----- ._-- - .:.i:;,"' ~l'~' .<ft'~' ," 'Y': :; ;T.~ :,.. _ 1 If#'~:' ~fl.;T', ..;\~....- :~, r" . ~ ;t'lfi:' , :-r~i- · ~~;i':; ~:'Fi;;' , I '.~( -.~_. liD . :"!'.; .~~~;: ... {, , };",- ftf~;;:,;'" . ~ ., ~'. . 'F ~,t;': &DOl( noo p~c,t 19 Page 9 _. --.'..' "~ N____~._..'"_.._....."_"~..,,..._,,~_. .... -'-~-- January 26, 1993 (2078) It.. .8Al RESOLU'l'IOR 93-28 DEFERRING IMPACT FEES FOR 159 UNITS OP THE 160 UNIT OAXBAVEB APARTMENTS TO BE BUIL'1' BY B & B PROPERTIES OF SOUTH FLORIDA IKC. , OR BOSTeK AVZNUE IN IMMOKAL!E - ADOPTED Mr. Shreeve provided the Board with a modified resolution, indi- cating there are no substantive changes, only minor corrections. Commissioner Volpe questioned how and when this program will be implemented, from a budgetary standpoint? He also relayed his concern that the Board, having just allowed 91 additional units on this site through the Affordable Housing Density Bonus Agreement, will at the same time be exempting 159 out of 160 units from paying impact fees. He asked for discussion of what alternatives may be available, as opposed to a complete exemption. Mr. Shreeve explained one of the reasons this item is being pre- sented this date and not being held off with all other impact fee exemption requests until funding is available in October, is that in the commitment of the allocation of tax credits, B << B Properties must build the apartments by December 31, 1993, and must begin renting them by January 1, 1994. Commissioner Volpe recalled recent Board action amending the impact fee ordinances. He asked if this application is being con- sidered under the new or prior ordinances? County Attorney Cuyler responded the application was received under the prior ordinance, which allowed them to submit their applica- tion to the County Manager for review. However, he saiJ, they may not now meet the same criteria since the Board has approved annual rental increases of 5% or the CPI, whichever is lower. He explained the prior ordinance required rents or sales prices of affordable housing units to be maintained at the same rate for seven years. Greg Mihalic, Affordable Housing Director, communicated the appli- cation was analyzed under the old ordinance, however, this project would qualify under the old or new ordinance although the benefit levels would be different. He explained under the new ordinance, they aOOK 000 Plf,! 20 Page 10 _r-_"'_ .,_ _.,..."""v.,_",.".",...~,,_,_>~~_". .-.""".,,.,.,~."-,",-"- h !''j1.c. - ....". ~r\ January 26, 1993 ,', ~,..: ":f"', ~::-~:... .~., 100% deferral f; . "/C', .would be allowed of impact fees, rather than a waiver as ... ~".. .to... ,';~ (\~'" ~';" allowed under the previous criteria. '" ". ~. . h,,: l~t>..:,. Commissioner Matthews recalled when the Board amended the impact ;tr~.. 1:./ fee ordinances, the decision was made that rental units would be ~,: ".....', , 'ii:" deferred, not waived. :~t:~'",~ I. ~;' ~ ).,:: ' In response to Commiss.1oner Saunders, Lance Bethea, Vice President :-.:.::. , ' fIt;t, of B & B Properties, stated the project would be feasible with a .\ .~; < p:;' deferral for 15 years of the impact fees. Commissioner Norris inquired if the Board will have to pay the impact fees over the next two or three years if they are deferred, to which County Attorney Cuyler responded in the aff.1rmative. }',I' ' Commissioner Matthews quest.1oned if the Florida State Housing , . .;~?:: ~ %L.>..Ini tiative Partnership (SHIP) funds can be used for that purpose? ~:~.:, ' Mr. Mihalic indicated the project is eligible for SHIP funds, however, he does not anticipate those funds would be adequate to handle the full amount of impact fees. Mr. Bethea asked for clarificat.1on of whether impact fees would have to be paid at the end of 15 years if the project remains affor- dable housing? Mr. Mihalic stated the affordable housing agreement is for 15 years and at the end of that time, or if the project is sold or refi- nanced during that period, impact fees would have to be paid. . , However, he proposed in the future, if the project remains affordable housing, that the County continue to defer those fees. Commissioner Norris communicated his concern that approval of this item would entail expending next year's funds, because there is nothing currently budgeted for this purpose. Commissioner Saunders argued that this payment will not have to be funded for three years. Commissioner Matthews stated there is a great need for affordable ki,' housing in Immokalee, and she is not opposed to allocating future ~j~t.: ,- . ..f ' in order to provide 159 additional affordable housing units in ~~')/' funds ~#);';: ,"',,: ii- '. ,that area. 1 ~ :,) ~~:~: t~. ~p.~ aODK OCO PAS! 21 ;~f,':: :, 'I/r:" Page 11 ~:t,' /';'l./ . _.".~,_."." _ _.~_,__",=,_,~_"_".~.4" w".,.."".,,~.".,..._ .'-'--~ ---.- '.-- January 26, 1993 eo..i..ioner Matthews aoved, seconded by Co..issioner Saunders and carried ./1 (Coaai..ioner Morri. opposed), to defer i.pact fees for 159 unit. of the Oakhaven Apartment project, thereby adopting Resolution ~3-28. ~;;-.. . ~', . :;.; ;~j~:r:\ ' 1.:~;~" .; NOTE: DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF 6/29/93 ft'. j~r' \;t...,..," f~t;, ;; """ ." Itiilr: t - > '<'r'l' ~ :::/ -; ~;, i,!%:t;.;~";~ ' ~""""""-' ~ i.', .,'.. ~ ,'-''''.:~. . .~ .,'.. '-. " ~'''~';:''~'-(~' . :i ~.:./~;: ~...::; , f4'~;';- : ,.)9' I ", .. f!;~~:;;:.. I~'!{:~" r~" :: j-f;~ ':~;'-_ ,;~: !c~t:i;';:' \.,.'u d" , Is' .~'.. ~ ,)'~'. : ;.' "" ....., .' ;t.:{;~;';i.: ':, .:E~':,~t.,: . ~fJ/{~" .~ ~~~~~:,.:':. ,'. t);l" " 1~:~';;~.'::;. ' /:- '''''''' ,'''', N<':' ',' I' ' h', ' "J'-'; ~~?~::, ~~ni;,,;\, ~~':~"; :ft'~,~;f; :: ' ' J.*.~~~:.;.:'( fJt}~t'1'" i~...,t., .. .:~ 'it.. :'~':' ~:,:. .. '-, :.t~,".' I~.I t~:, ~'~" 'j;'r-; ~.'<;" ." 000 f>A':.~ gif,t';~ ;', 22 ii\>:'"I,' atKlI ~~~:;,;: Page 12 'f'i b'l "J,,' -<-.""'-'~'_~-' __",_._,~~_...,""...~~",~..~",.,~.,~.;~,o_"". ."~~<..,, :ik }:, 1-, January 26, 1993 J';{. i<:L ~rr', (3032) , rV~;;"~It.. #10A ~~:;'.J,~'> ;(~ RECUl'D'lAJIIlJA'1'IOJfS O~ THE 1992 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMcr'l'TEB - REPOR'1' ACCEPTED, COUNTY MANAGER TO EVALUATE RECOMMElfDATIONS AND SCHEDULE WORKSHOP Jan Kantor, Chairman of the Collier County Government Productivity Committee, briefly summarized the findings of the various subcommit- tees. Commissioner Saunders thanked Committee members for the report. He suggested the Board consider directing the County Manager to eva- luate each of the proposals and schedule this subject for another hearing. Commissioner Constantine offered his services to the Committee and suggested a workshop be scheduled after the County Manager has had the opportunity to review the recommendations. co.ai..ioner Constantine aoved, seconded by Commissioner Matthews and carried unanimously, to accept the report of the 1992 Collier County Gavernaent Productivity Committee, direct the County Manager to evaluate the reco..endations and schedule a workshop. (3498) It.. nA RECOMMElfDATION THAT THE BOARD CONSIDER MAKING FINAL PAYMENT UNDER THE COlf'l'RACT BETWEElf COLLIER COUNTY AND N. COLE CONSTRUCTION, INC., POR BID JfO. 91-1540, COLLIER VILLAGE PUD INFRASTRUCTURE - FINAL PAYMENT APPROVED WITH CRANGES Russell Shreeve, Housing Program Analyst, recalled Staff has been working toward the improvements in Collier Village since July, 1990, and the contractor has completed the work with one exception. He explained a leak in the sewer lines has been found. He noted the County previously withheld $35,000 from the contractor, and $10,000 is owed the engineer. He recommended the engineer and contractor be paid $33,000, with $2,000 being withheld until the sewer line problem ~' 'has been corrected. ~;~' .~. ,'.~' I ~~i ~,~: hp..ft'. '!~~;/'.:' Assistant County Attorney Ramiro Manalich explained $35,000 was ~~ ,', ,. ........,' y f~i, 8001( oeo p~r,~ 23 Page 13 ,_'.~;~_"O"" ---_-.-..._-,.._^~ ..,.~ January 26, 1993 ,withheld from the contractor due to delays in the completion of the .' contract. He said the question came up in a previous Board meeting whether any liquidated damages should apply for that delay. He reported there is enough dispute as to whether the delay was due to factors beyond the control of the contractor, that the County should not insist on liquidated damages. However, he said, additional engi- neering costs have been incurred by the County which should be deducted and applied to the engineer from that retainage, as well as the additional $2,000 mentioned by Mr. Shreeve for the sewer line leak. He stressed he is recommending the final payment be approved, only upon the parties providing the County with adequate releases from any and all claims under the contract. ea-i_lcmer Volpe llOVed, .econded by Co..i..ioner .orris and carried 1mIIDt.oua ly , that final payaent be aade under the contract with .. Col. ewu.t~~ction, Inc. , subject to $10,000 di.bur.ed to the ~u...r . .2,000 being retained to correct the leak in the .ewer line, with the balanc. paid to the contractor, and subject to obtaining ap~lup~l.te reI..... of the County fro. any further clai.. or liabili- 'ti.. by all af'~ed partie.. In response to Assistant County Attorney Manalich, Commissioner Volpe clarified that payment is to be made to the engineer, regardless of whether the agreement with the contractor fails. (3.0) ;>ee Pages 137 - 155 Xt_ #eel REC~uA'1'IO. '1'IIA'1' 'l'HE BOARD APPROVE A LAlrn USE/MAXAGEMElIT PLAlf FOR ~ BBACB PRESERVE - APPROVED WITH CHAlfGES Tom Olliff, Public Services Administrator, explained this Management Plan is the plan associated with the lease Collier County .igned in 1990 for the Barefoot Beach Preserve beach park. He said as part of that lease, the County was required to enter into a Management Plan, which Staff has been negotiating with the Department of Natural Resources ( DNR) . He said the plan outlines four major areas, which sre obligations of the County to maintain the area as a preserve and ~'>;{ , ~:;.:" $1(> {9~c9-,~ :;t':, , ' 'll::~7~~~~ : If" ~f;~ ' Page 14 .,::'r,"'\' e<, ,',-. ----',.- -------,-----' '''.'-'~~. -~",... ~' "c ~ if.. c ,,', - ~. t '. b:l:,:ci:: .~ ",\", ~",' . .January 26, 1993 ~." ~.. l..'v,~ t~' manage the public's impact on that land. He indicated the major com- ift:' . Hr;' ponents concern exotics and natural conditions, staffing and the main 1.:.'" ' ~[~ issue, which is access. He reported the plan outlines four major r."~ .. ~t criteria, which can be characterized as unrestricted access. He said ~_.-. ~r, during the previous week, Staff met with Attorney Leo Salvatori, lMo" ' .11.... ,', ~'/', representing Lely Barefoot Beach Master Association, who has provided ',}" > ., lr.1',:." revised language to the access control procedures. He remarked, based '....'..,. "j~~t ~t. on previous Board direction as well as the lease agreement between >1.' .', i Lely Development Corporation and the County, Staff does not feel the ~,' ,,': ~. language can be substantially altered. He mentioned DNR has also J'o, .\,,' ..~ , A~ indicated they would not be in favor of negotiating the access ~;..t. (1;::' language. He clarified the existing language calls for the gate to be ...... :l:: ;';". ,open and the public not to be stopped until and unless the park is ~\~~,- ~,/'_.'f hi,.' : actually full at the preserve, at which point they would be stopped at :t ? ~,' : r. the preserve. !'; I~,..' ~;'" Commissioner Volpe asked if the plan would allow for jet skis in ii. l"t. either the back bay area or on the Gulf side? w..'" ' if<" Mr. Olliff advised those kinds of equipment rentals are restricted ,.-,;... ~t by this plan at the agreement of both the County and the State. He f~ . I ~. said the intent is for this to be a passive recreational facility. In answer to Commissioner Volpe, Mr. Olliff responded the area adjacent to Wiggins Pass, from the pass to 1,000 feet north of the pass, is designated as the only area surf fishing is allowed. Commissioner Volpe communicated a concern that removal of the Australian pines will eliminate shade trees as well as Bald Eagle perches. Mr. Olliff advised that to the extent the perch trees are safe to remain standing, they will not be disturbed. With regard to shade trees, he said, one of the concession proposals suggests a large per- centage of the profit go back into providing shade trees. , The following people spoke regarding this item: ~L.." Leo Salva tor i Dr. Leon Eisenbud 'f..tj';,:: Richard Frick A. T. Felsberg :~~<';i: Barbara von Bracht Donsky .Jack Stanley '~:ifl:, " Victor Rosenberger Chris Straton ~1r>' Emily Maggio Marjorie Ward ;t~., George Keller ~~1:;~',.: . J...... ncO I 25 l';~:;: aOM I) P~~. Page 15 *::~:.c.; -,._--," _____~__........w.,....._.~".,.,.~.." ~,; , January ~~'/. . 26, 1993 ~\' .~ ,'. ,.. ~, Commissioner Volpe mentioned there has been a suggestion :(~"',: that ~' ! -~; there is a conflict between the original agreement of August 1, 1978, J' .~~; and the agreement approved by the Board in November of 1987. He asked '$J.. '~,~~:~-.-, the County Attorney's opinion on this issue. ~", ;~:' County Attorney Cuyler indicated there may be a conflict between f!::. ~,:: L it' , the two agreements with respect to the northern portion of the pro- J' I~. perty. He said Collier County owns 186 acres at the northern end of .. ' . .,,~ f" I.} the preserve, and that agreement addresses the access and use to that parcel. He explained the County has now leased the southern portion of the preserve from the State, and it appears that even if Collier County agreed to restrictions with Lely Corporation for the use of the parking lot owned by the County, that may not be of benefit to the Lely development, because the County has now stepped into the shoes of the State with respect to the southern parcel, which grants unrestricted access to the public. Commissioner Volpe said property owners at the Lely Barefoot Beach PUD and their visitors are required to announce themselves at the entrance gate and indicate where they are going. He said the issue is whether visitors to the preserve, who have unrestricted access, can be , stopped and asked where they are going, and how those people can be distinguished from residents and their visitors. He inquired if being required to let the guard at the gate know where they are going constitutes a restriction on access? Commissioner Saunders said the Board of County Commissioners is faced with a policy decision on whether the gate will be left open with no questioning of people coming in, or whether there be a reaso- nable opportunity to stop people as they come in and ask where they are going. He suggested if the guard 1s allowed to stop people as they enter the gate, that a large sign welcoming visitors to the County park be displayed at the guard house during times that the park is open. {:~~~ Commissioner Constantine inquired what the proposed ranger's Hc\ " responsibili ties will be? ~'j'-"" ~"'" I, ," .J.' ~:;r:r OCO "A~t 26 :;1; " lm Page 16 ----~'" __......._,_"'_.~__..."_,.c~,~..,~,,,_._'..,.~H_._..~,',..,,..,.~"'" .,' ... d.-.~ ~.A:, January 26, 1993 ~'r ,~" ~t-: Mr. Olliff indicated his duties during the season will primarily r~:' be relegated to traffic control. He said the ranger will also be ',)1 ..' responsible for interpretative programs, sea turtle requirements as tiL' , }(,' part of the lease agreement with the State, and exotics removals. :~~, Commissioner Matthews asked if a sign stating the park is full can ~".' . ;1'; . .~ ~~: be placed at some point on Bonita Beach Road prior to the turn ~T " in to 1', · the development and park? ~~~,. , Commissioner Volpe stated as long as the sign is controlled by a public employee, that would be a sensible suggestion. '1'ape .3 C~..ioner Volpe moved, seconded by Commissioner Korria and carr 1ed ananillO\W 1 y , to approve the Land Use/Management Plan for Barefoot Beach Pr..erve with the aubatitution of the language con- tained 1n the attachaent to the letter addressed to Tom Olliff and Steve Brinkman from Leo Salvatori, dated January 21, 1993, ite_ 1, 2, 3 and .; with the proviso that appropriate signage be placed welcoaing the public to the Barefoot Beach Preserve: that an employee of Collier County Parka & Recreation Department control the signag8 as it relates to the lot being full: aurf fishing area to be delineated: no jet skis will be allowed; the Southern Bald Eagle perch trees to be left in place; and the armature of the gate shall remain open at all times during regular p.,rk hours. ... Recetlaed : 12:07 P.M. - Reconvened: 12:15 P.M. ... ~. (U4)' It_ ...1 RBPOR'r OR '1'D S'1'A'l'US OF TRAl"PIC CONDITIONS IN THE PINE RIDGE SUBDIVIBIOR, ARD '1'D STA'l'US OF IMPLEMENTING THE PINE RIDGE CIVIC ASSOCIA'1'IOlf 'l'RAI"PIC PLAN - BARRICADES TO BE REMOVED AND INTERNAL TRArrIC COR'l'ROLS '1'0 BB INSTALLED WITHIN 30 DAYS Transportation Services Administrator Archibald stated this item involves the connection of local roads in the Pine Ridge Subdivision to the recently completed Goodlette-Frank Road Extension from Pine Ridge Road to Immokalee Road. He said the first phase of the project, completed by developers in the area in 1981, extended from Pine Ridge IDOl fiCO 1"(1 27 .. AJ_ Page 17 -...- ._._."..~ "0 __'~'''''''_;_''''~''''''_''''_'''''''''''''''~'~_'~''''' -~"""~-'.. January 26, 1993 Road, north to Orange Blossom Boulevard. He advised as part of that element of the roadway, connections were made between Pine Ridge Road and the new Goodlette-Frank Road, resulting in the diversion of collector and arterial traftic onto local roads and creating unsafe conditions. He noted the access needs of the Pine Ridge Subdivision are well addressed in the Pine Ridge Traffic Plan, which calls for the connection of local roads as well as improvements and changes to con- nections on Pine Ridge Road, U.S. 41 and Goodlette-Frank Road. He remarked the steps taken to date by opening up Center Street, in response to prior direction from the Board of County Commissioners, have been productive in changing and leveling some of the traffic movements within the Pine Ridge area. He reported the steps set forth in the Pine Ridge Traffic Plan, and those recommended by Staff, allow the gradual implementation of improvements between the local road system and the major roadway of Goodlette-Frank Road. He said although Staff has recommended one of the five alternatives outlined in the Executive Summary, the Pine Ridge Civic Association will pre- sent a proposal that provides a solution to part of the dilemma. He explained they propose to open and remove the barricades, closely followed by the ability to control internal traffic to address the safety and welfare issue of collector road traffic on local streets. Commissioner Norris inquired if there were any access points to the east of Pine Ridge Subdivision prior to 1987, to which Transportation Services Administrator Archibald respond~d in the nega- tive. In answer to Commissioner Volpe, Transportation Services Administrator Archibald explained the Pine Ridge Civic Association Plan calls for East Avenue, at its intersection with Pine Ridge Roa1. to become right turn in and right turn out, and also allow for an eastbound left turn. He added there will be median openings and turn lanes at both East Avenue and Caribbean Road, however, Staff is attempting to control the directional movements from the side streets. Responding to Commissioner Matthews, Transportation Services . &OOK G(O Pl'~t 28 Page 18 ----< _._,~~""""_........~...-....~.,._-"..""",~,,,",_. , t':{ <..'~., . ~..~ ~"'.:"",' I ' f:'t~',;~ Ifj;:I~,",' ~ "~'IIl", {: ;, ' '4,:;C:':~'\N(:::: January 26, 1993 ilif,J;. -..,of iif. " ,.J, ' td Administrator Archibald stated the original plat provides for the abi- :/V:. it:}>> Ii ty for connections to local streets or to a future arterial roadway, ~~{~~t.however, there is no one left to interpret the original intention of ~:~?"., .;5,,\'" the plat. if'{'l.'.' ; , i~~,i:'~::7'~" The following person spoke regarding this item: ~'I-<' . ~wt":~:,, Jim Banks .~... , :. ~'.' Y.' " . . I......,. 4i;,~;-'; ... Depgty Clerk Warner replaced Deputy Clerk Guevin at this tl_ .... ~Z: :~?;' , The following persons spoke with regard to this item: .....1.... . ..I.' :!' Sally Barker (with photos and written presentation) Rick Jones Jim Quigley Larry LaCroix Alan Marder Michelle Capra George Keller John Madajewski (not speaking as a County employee) Dr. Virgil Ponzoli Suzanne Jackson Diane Eller Larry McKinney Robert Berens (with petition and written presentation) Bill Yag Sue Black Richard Graham-Yool Jonathan Hondorf Joe Long Dick Grant Jennifer Schmieding Jim Banks F. Pearce Bradburn Chief Jim Jones of the North Naples Fire Department, aired his r ~. concern about fire protection and life safety aspects of the berms. .''t'/;, ?,~,~(.He pointed out on a map the location of the Berms and fire hydrants :-~':" ':, i~>", and explained the problems involved getting hoses to them. ~t.~,. '-,~ ~J'::;"" Transportation Services Administrator Archibald responded to .:'t1 ~ . , , Commissioner Volpe's inquiry regarding traffic counts. He verified that information has been summarized and quantifies and qualifies traffic conditions that do exist. He said what concerns staff is what external pass-by traffic will be generated if certain d~cisions are made. He addressed issues of traffic counts, cut-through traffic and berms. Mr. Archibald asserted that monitoring of conditions is very ..important when a change is made. He expressed staff's preference to .,' Plan "E" as related in the executive summary. Commissioner Volpe expressed concern about Mr. Larry McKinney's comments regarding the condition of a bridge on Carica Road. .n6:,':" Mr. Archibald explained the bridge is a culvert crossing and has ~;t~:;/: :~F:~/"~damage to the headwalls due to off-road vehicles. ~:J)::~ ,)""~,~,,, ",J,. "''''-_'' :~)~:';;.He advised the repairs needed could be done quickly and would not r~,;' - '. aOOK 000 r~s: 29 Page 19 ..... j~f~~ ' January 26, 1993 ~;S'.\ : "'1 j,j , ~\)-rj.. hinder the opening of that intersection. .,>~t~, ~"c'" viS~:;" ~f>, Commissioner Volpe expressed interest in the "safe neighborhoods act" now in use in Lee County. ~:~'~" '. ~;' Discussion ensued regarding location of the berms, effectiveness \;.,'" -:.,;,....... f:}}" and duration. ~'r. , l'~'t,'i ,.':_~ ~:'i ":,, Commissioner Volpe noted the need for enforcement of internal '1f:.:s .. , '..J~. . ,t~':' traffic controls. ft-~i~.. . ~~;~ Commissioner Matthews and Commissioner Constantine indicated the '~t!.: . Jl'(;. '2' barricade at South Carica Road should not be abandoned at this. J}:, eo..l..ioner Morris aoved, seconded by Commissioner Volpe and ~.:l . ., .,...; carr 1.. un.nl.-oual y , that within thirty days the barricades will be 'opened at Center and Korth Carica Road after internal traffic control cS.vl~ bage been installed, such as stop signs and speed bumps, but , not~. ~:,:;~;,:,:':{UU), - ~f,~~:'~':'!'<IU. '.11.1 :ki ,:.,.r, I .;;'y ORDlKARCS .8-7 RB PE'1'I'1'ION BO. R-92-9, JOHN & CARY COLLIMS, REQUES'1'ING . ~ FROM ... ESTA'1'ES '1'0 RSF-2 FOR FOUR (4) SINGLE-FAMILY LOTS ON '1'BJ: WEST SIDE O~ SAX MARCOS BOOLEVARD, NORTH OF RADIO ROAD - ADOPTED Legal notice having been published in the Naples Daily News on January 6, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Project Planner Philip J. Scheff explained the petition and noted all appropriate county agencies have reviewed same and recommend approval. Discussion ensued regarding septic and well water systems and availability of sewer and water service. James Wilkinson of Wilkinson and Associates, advised utilities are one half mile away but will be connected when available. Mr. John Collins, owner, verified these will be homes for him, his child and grandchild and they will connect to sewer and water when available. C~..ioner Volpe moved, aeconded by Commissioner Matthewa, carri" 1LDImiaoualy, that the public hearing be closed. aOOK 000 PAG!. 30 Page 20 t~"..;. ~- ' :~::: .- ~'.;~): r."'t~J' . January 26, 1993 1~1- .:;"'f i: eo..ds.ioner Matthews aoved, seconded by Commissioner Volpe, carried unaniaoualy, to approve Petition R-92-9 with stipulations as /. ' ~ ,. j.:"~ listed Oft 'the Agreement Sheet and the stipulation that the sewer and water canDeC'tions be aade when available, thereby adopting Ordinance 93-7 an4 entering same in Ordinance Book 59. (24S.) It_ ...82 BUDGET .u.uUl'UUllT A.RD trl'ILITY EXPr:;14vITURE :FOR THE RADIO ROAD FOUR , LAlfDI8 CORS'1'Ru\'''TIOR CONTRAC'l' '1'0 IRCLUDE COSTS FOR THE RELOCA'1'IOlf O~ FLORIDA POWER A.RD LIGHT COMPARY POWER POLES AT '1'HE WIND.1AMMER VILLAGE MOBILE BOM:K PARE: (REF. COUNTY BID NO. 92-1893) - APPROVED Commissioner Matthews inquired of County Manager Dorrill the reason for a seventy five percent increase over the amount authorized on November 3, 1992. County Manager Dorrill explained the Board was not made aware by the Petitioners that there were two FP&L poles which needed to be relocated. He advised the cost of $8,533.00 for relocation was not included in the original authorization. Co.ai..ioner Mattheww moved, seconded by Commissioner Norris and carr illCl unanilMJU81 y , to approve the budget amendment and utility ex~Ddi nr.. 4~... .. '(2tJU) ~, !1\"~":It_. #8.1 .;::~.- ': ". . I~A'1'IOR O~ A WELLNESS PROGRAM FOR THE EMPLOYEES OF COLLIER COOlftY GOVDJDmJI'1' - COlfTIHOED '1'WO MOlfTHS Administrative Services Administrator Ochs outlined the program as detailed in the executive summary. Commissioner Norris inquired if the program is strictly on a ~ voluntary basis. Mr. Ochs confirmed only health screening is voluntary. Discussion ensued regarding the loss record for county employee health coverage, the projected savings under this wellness program and preventative action. Risk Management Director Jeff Walker explained the difficulty in tracking data for loss/ratio comparisons. Ht~ oeo pl."r 31 Page 21 -"'~'-"'" ------." .- ---------.-----.-....-..... January 26, 1993 County Manager Dorrill emphasized this is not a new nor additional employee benefit. He cited the County is spending approximately $119,000.00 a week on health claims and the primary drive is to lower frequency of claims. The following people spoke to this item: Douglas McGilvra Fred Tarrant Frances C. Barsh Tape #4 Mr. Dorrill advised employee deductibles have been raised and the amount employees pay for dependent coverage has increased every year for the last 4 years. Commissioner Constantine elaborated this is not a new employee benefit but an effort to reduce health claims. Mr. Walker said staff contacted Polk County, Orange County and City of Boca Raton governments and they had the same loss ration tracking problems, however, the American Medical Association Journal reports a seventeen percent loss savings. Commissioner Matthews inquired about the availability of an 800 number for questions in lieu of doctor visits. Mr. Walker advised this is an additional cost and staff does not recommend it. Co8ai..ioner Constantine aoved, seconded by Commissioner Volpe and carried ~iaoualy, that this itea be continued for two aonths. ( '168 ) I~ ftll2 MAIVK FORMAL BID PROCESS FOR PURCHASE OF PARTS AND SERVICE WITH KEFP MACRIJIDY AJID RA1'I" EMERGElfCY PURCHASE ORDER #Z93-008 - APPROVED Administrative Services Administrator Ochs detailed the necessity of immediate repairs for the scraper at the Immokalee Landfill. He noted the purchasing policy requires staff to obtain Board's ratifica- tion of the purchase order. He explained Neff Machinery is the exclu- sive source for service and supplies for John Deer equipment in our ~,,; ~;; ,i.: region. If;,':" , I~'~';";': .< -~':y; .:" . - "'-\': ".",, liIk ~,. f,:~,,, ~WK fJ[O.~<:f. 32 1{~~~?.:. ~V' J<:: Page 22 If' ',It, -"'--'-"- ._.~,_"~~"",,_,"~,,,,"~"'." ".,,~_. ~,'''~_'M_ ~i';;;" ~'t/;"',,; , ~~~;~\~,:'~ ' ~:" January 26, 1993 ~; l,(., ec-i_icmer Constantine aoved, seconded by Co_issioner Korris, t" ,1 4/..,1',. _ ," ~",~.;:.,. carri.. ~.o\181y, to approve Purchase Order #Z93-008. :;~.-- , """t.; i;:,...::,: -(UO). ,.. ;.~i;, i'~:c It_ 4leGl . .{, (~ " KESOLD'l'IO. 93-29 AU'l'BORIZIKG RECORDING or NOTICES or DELIKQUENT SPECIAL ASSESSMEBTS FOR SOLID WAS'1'E COLLECTION AND DISPOSAL SERVICE WOR TJJB n91 SERVICE YEAR - ADOPTED co.ai..ioner Constantine aoved, seconded by Coaais.ioner Korris, carried UDaD~ly, to approve the recoaaendation, thereby adopting Resolution 93-29. : &OO~ noo mt 33 Page 23 _._-,-~..~.._' ~;' __,......,.~~_..~u...,..".~.*_~~~_.M._ '" ...._.. --- January 26, 1993 (l!S n ) It_ nG2 RECYCLING a EDUCATION AND WASTE '1'IRE QUARTERLY GRANT REPORTS - APPROVED . SUBSEQUEKT APPLICA'1'IONS TO BE SIGNED BY SOLID WASTE c. DIREC'l'OR ~-:~:,'~ -'11,0 K ~~..., Keeth Kipp, Recycling Coordinator, explained a requirement of the ,if ~;; '" -:!lj./,:~' " application and acceptance agreement for the recycling, education and ,p;} t?>' waste tire grant is to provide the DER recycling oriented expenditures i.,,';'\ 4',.-. on a quarterly basis. Mr. Kipp noted the one month period between the .t!'~;"; t~ grant period ending and when the grant reports are due allows staff ';$;'" ,; ~;,' , insufficient time to generate reports and submit them to the Board for ;~.;, ~~; ~ review. He said staff, therefore, is requesting the Board authorize the Chairman to sign current quarterly grant reports and to declare the Director of Solid Waste Department as the authorized represen- tative to enable him to sign quarterly grant reports in order to expe- dite the reporting process, bringing all reports before the Board for subsequent approval. eo..i_icmer Volpe aoved, seconded by Co..issioner Norris and carried unanimously, that the Board authorize the Chairman to approve the first quarterly report for the reimbursement of $34,298.28 and that eubeequent applications be signed by the Solid Waste Director. c 6l1OK 000 fA"! 40 Page 24 _.-...._._"~- ..._._,<~-",.",..-",....,,,.,,,,.,,.,",...,....,,........_." January 26, 1993 -." .- ,PILOT PItOGR.UI POR CARDBOARD RECYCLING - APPROVED Commissioner Volpe questioned how this Pilot Program is going to 4;';,. help the County meet minimum requirements for the State and how the 1~~:' ' amount collected by Waste Management and individual collectors will be . .,."/"; ;15.:.(" . monitored. ~.'? ,~,' \:.~ Environmental Services Administrator Lorenz said Waste Management '~:'~' :1 provides the County with monthly tonnage amounts but private collec- ";'1" . ~..-, tors are more difficult to obtain amounts from. Mr. Lorenz explained " the pilot program is offering a cardboard program for commercial busi- , ness which would charge a fee for hauling but no disposal fee. Discussion ensued regarding the private recycling of cardboard being counted as part of the requirements by the State even when the cardboard is not received at the landfill and the cost to the County for extra dumpsters to collect cardboard. Environmental Services Administrator Lorenz advised the infor- mation gained will be the participation rate from the commercial sec- tor which will be important as the County looks into the possibility of making this program mandatory in order to meet the thirty percent credits. County Manager Dorrill clarified the information the County will obtain could not be obtained otherwise. Coaai..ioner Korris aoved, seconded by Commissioner Saunders and carried 3/2, (Coaaissioners Matthews and Volpe opposed) to approve the pilot progr.. for recycling cardboard. (13&8) It_ #863 PORCBASB O~ A WHEEL LOADER FOR THE IMMOKALEE LANDFILL THROUGH THE S'1'ATB O~ FLORIDA COKTRAC'1' - APPROVED Commi~sioner Constantine voiced his concern of waiving the three quote requirement. Solid Waste Management Superintendent Russell began to explain the aDDK OCO HGt 45 Page 25 ---_..."'_....'......,""_.."'''',~."',.-..."'....,",."..~ '"-,, "~- ."-'- .~.",."._...... "" --..,.-"" '\", ",: ~'!i'" ~:" , January 26, 1993 ~.'tc,~ " . .'~.,. 1(., .....~' of ',1';.', 1}/' quote received from the State of Florida reflecting a bid of ~~,;: $103,250.00. .~k." '~I'. , ~.. County Manager Dorrill questioned if this machine is the same type ~~tY:; of machine that was purchased by the County last year, to which Mr. f.-i:~" '~~~c-. Russell replied in the affirmative. Mr. Dorrill advised the County ";;.;~~; .....:. had purchased an almost identical machine last year for $24,000.00 more than this low bid from the state. He further advised staff needs Board approval to use this State low bid. c-i_ioner JIorr is !lOVed, seconded by Commissioner Volpe and carr ied 1UMIIUaous ly , to purchase a wheel loader through the State ot ~lorida contract. :i",:':-::c';dUS6) '-' - -:...J',,"'"' ,. .. tt"~-T'~'ilt_'.lOC .. iJ.hij)'.,.. ' ~/:~~.;'\'ccitJnoy A'1"1'ODU COTLER '1'0 PROVIDE DRAll'T GUIDELIlfES OF TRAVEL ACCOOlfTS ,.";~;.i' BY I'BBRUARY 9, 1993 ,V' .', County Attorney Cuyler informed the Board of legal aspects of in- county travel including what might be considered county business, the "Shorter Distance Rule" and non-reimbursement of mileage to and from the Courthouse and home. Commissioner Volpe noted the Board eliminated in-county travel expenses from the current budget and expressed his belief that all the commissioners travel on job related trips and until proven to be a burden on the Commissioners he could not support a budget amendment to allow reimbursement. Commissioner Constantine noted making a budget amendment did not necessitate any commissioner entering a request for reimbursement. He remarked he has traveled to Immokalee on county business and used half a tank of gas and that Commissioner Matthews' trips to Immokalee and Everglades City would amount to several hundred dollars within a year. He said one trip makes very little, but in the event it becomes a bur- ".. den the reimbursement should be available without going through this .l~( ,~.f/;: process. ~X~,:~;~}~., ~fg~:;>commissioner Matthews agreed. ~~~.~":, .. ,",~. . 000 PJ.G~ 46 &OOK Page 26 -~-'~--"~ "=____.--"'"....""._~.". ..,.<__"_d"_ .~..""- ~ $ '. .' ' ~i2 . ~.~' ' January 26, 1993 .~~' ~", !'I;l' Commissioner Saunders agreed and stated he feels it is a personal A~' -,.'fJ". ~1~:-r " decision for each commissioner if reimbursement js requested. .f" ,'~, \:: . Discussion ensued regarding the amount of travel expense required and allowed and definitions of business travel. Administrative Assistant to the Board Filson advised the amount of in-county travel budget was $2,000.00 but now there is only an out-of- county travel budget. Commissioner Saunders suggested County Attorney Cuyler draft some travel guidelines and return to the Board for review in two weeks. (17.~) It.. #12Cl ADOP'1'I.e BUDGE'1' ~~~TS RESOLUTIONS 93-7/11 AND 93-14 TO '1'RB FISCAL YB.lK 1 H2-n ADOPTBD BUOOET - ADOPTED Legal notice having been published in the Naples Daily News on January 20, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. County Manager Dorrill advised these amendments have already been submitted for Board review. eo.ai_lcmer Volpe aoved, seconded by Co..issioner Matthews and carried UDaDi~ly, to close the public hearing. Coaai.sioner Volpe aoved, seconded by Commissioner Norris and carried unani~.ly, to adopt Budget Amendment Resolutions 93-7/11 and ~3-1. to the Fiscal Year 1992-93 Adopted Budget. eOOl ceo Pt.':it 41 Page 27 -'---'- _..'''.'''....".<<...., ",.~'_d"'._._m_._...',.._"._'~ -~....,."..._. January 26, 1993 . (1 '195) " It_ .13A1 RBSOLO'1'IOR i3-30, RE PETITION V-92-30, WILLIAM TRUPIANO, REPRESENTING HERI'1'AGE HOMES O~ RAPLES, INC. , REQUESTING A SIX (6) FOOT VARIANCE FROM '1'BJI: 'l'BIRTY (30) FOOT SIDEYARD REQUIREMENT TO TWENTY-FOUR (U) ~ FOR PROPERTY LOCA'1'ED AT 6666 TRAIL BOULEVARD IN PINE RIDGE SUBDrvISIOR - ADOPTED Legal notice having been published in the Naples Daily News on January 10, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Nino explained this is an after-the-tact variance request of the amended site plan as described in the executive summary and staff report. He advised the garage portion of the house is side loaded and the dwelling is positioned at an angle to Trail Boulevard, therefore, the rear corner of the garage is within twenty-four (24) feet of the north lot line. He noted the Planning Commission has recommended approval six to two. Mr. William Trupiano acknowledged Mr. Nino's explanation as accurate and stated he has halted construction awaiting Board's deci- sion. eo..d..ioner Volpe moved, seconded by Commissioner Rorris, and carried unaniaauely, to close public hearing. Coaai_1oner Volpe moved, seconded by Commissioner Matthews and ,..carried ~u...ly, to approve Petition V-92-30, thereby adopting :>;' ,,::,'ReeollltiOll 83-30. : ~ ~ &00( 000 PA':.t 54 Page 28 "~..~- _._..~. _._>""'-.._,",_~,~.~_.......^.,<._.,..~< 0_'.,"""_ ,,,..... a~,.. ~,;[:~';, ~:.'.' January 26, 1993 ~,'j1-,' ,~. ~:, " ~ :~;~;.. (2000)-> , ' V~.,;, .. It.. .13&2. 'l~~, ' ,;~~-;-'-.:.. RKSOLvrI~ .3-31 HE PETITION NO. V-92-26, BOB THINNES OF Q. GRADY "'~~'..- . MI.OR . ASSOCIA'l'ES, REPRESENTIKG ALBERT HUBSCHMAN, REQUESTING A SIX rooT '1'WO IJICH (8'2'" AFTER-THE-FACT VARIANCE FROM THE REQUIRED BOILDIlfG SEPARATION OF TWENTY-FOOR FEET (24 I ) TO SEVENTEEN FEET TEN INCHES (17'10", FOR PROPERTY LOCATED WITHIN THE FALLING WATERS POD, - ADOPTED Legal notice having been published in the Naples Daily News on January 10, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Arnold explained this is an after-the-fact variance request of six feet two inches in Falling Waters Development which represents a separation variance between structures as described in the executive summary and staff report. He stated the reason for the encroachment is unsure and that the builder brought the situation to the attention of staff. .,':" Mr. Mark Minor of Falling Waters confirmed the encroachment was a ,"',.0,,' ~t'.~.. If"". human error and was recognized when the building was substantially ~:f\. 'l~li."', . ';..:::,:, complete. ;~;": Commissioner Saunders inquired if there is an after-the-fact ~.f" '''::'' variance penalty to discourage after-the-fact applications. " ,~''':: Mr. Arnold advised currently the penalty is double the application fee. Coaai..ioner Volpe moved, seconded by Commissioner Korris and carrie4 unanillOUsly, to close public hearing. Coaai..ioner Volpe moved, seconded by Commissioner ~.tthewa and ,carr!e4 unani."".ly, to approve Petition V-92-26, thereby adopting +':~';'r:,,'ae.ol.t:1eD g3-ai. ,:,", " ~~;;.j~ ;~S'<""..._. ~JY.c : ~'~'lI3}' . ~:,h:-1.')""""; ,~,,;., , ffl;:',;<I';,;'t;>..: , '.. . ~t'~:::,;;;';~~' ~ ", ft). aDDK OeD PA~~ 58 Page 29 _.-----"_..~ ,.. -_._-_...'....".---~~,--~"'- .~.."=,,- January 26, 1993 :( , (2141) ;i~~, ,Itea--tn& ~,t, ';,.;".:....._008.' onIC. IW COLLI.,. COOllTY ~: '~I "",': .,: : ~i'~. County Manager Dorrill advised when Congressman Goss was here Monday, along with Commissioner Norris, to open his office, he asked that his personal thanks be extended to the County Commission. Mr. Dorrill said Mr. Goss is delighted to be at the courthouse and will be open every day between 8:00 a.m. and 5:30 p.m. County Manager Dorrill advised there was a dispute in the hallway after the Pine Ridge item as to what constituted an internal control. He recounted some individuals felt there would be further berms constructed. Mr. Dorr1l1 indicated this was not his understanding but that the barricades be opened with additional traffic signs, perhaps speed bumps, and whatever Mr. Archibald develops with them, but not additional berms. Commissioner Volpe and Commissioner Matthews stated berms would be only as a last resort. ... c-J._ioner Norris moved, seconded by Co..issioner Matthews .... carried &/0, that the following ite.. under the consent agenda be ~pluv~ and/or adopted: ... It_ .lM1 IRREVOC&BLJl S'tAlmBT LETTER 01' CREDIT ACCEPTED AS SECURI'l'Y VOR -IJD'RASfttJC'1'O IMPROVEMENTS ASSOCIATED WITH "THE VILLAGES OJ' BARFIELD BAY. See Pages 7J - 73 It_ .16&2 RESOLOTIOW 93-20 RELEASING THE MAINTEKANCE SECURITY AND GRANTING PINAL ACCBP'l'AlfCB O~ '1'HB ROADWAY, DRAIJfAGE, WA'1'ER AND SEWER IMPROVEMEJrl'S J'OR '1'HB ~IXAL PLAT O~ "RIVERCHASE SHOPPING CENTER" See Page 7lf It_ .18A3 ftBSOLOTIOW i3-21 GRANTING PRELIMINARY ACCEPTANCE OF THE DRAIKAGE IMPROV__!6 POR '1'HE PIKAL PLAT 01' "GREY OAKS UNIT THREE ('1'HE NORTH GOLY COURSE)" - McrTH THE STIPULATION AS LISTED IN THE EXECUTIVE SUMMI.RY See Page" 7S It_ tn.A. SOOK oeo P~(;t 64 Page 30 ._-~ . ..,.- - _"",.__00'* _w~,.."._,__..~..."".,~..w~__.,~""._".."w,~__ ",~~.., January 26, 1993 DSOLO'l'IOII '3-22 GRAln'IlfG PRELIMIKARY ACCEPTAlfCE 01' '1'H1l ROAI;WAY, DRAIlIHB, WA'1'ER AND SEWER IMPROVEMEKTS FOR THE FINAL PLAT 01' -GREY OAKS 0Wl'1' TWO- - WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMM.l.RY See Page 7~ Ite. .1SA~ RBSOLUTIOK 93-23 GRAN'l'ING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAIDGE, WA'l'ER AND SEWER IMPROVEMENTS POR THE PINAL PLAT 01' -GREY OAKS 0Wl'1' OKE- - WITH THE STIPULA'1'IONS AS LIS'1'ED IN THE EXECUTIVE SUMMAJn' See Page 77 ,It_ .1~e DSOLO'l'IOII '3-2. APPROVING FOR RECORDIKG THE PINAL PLAT O~ -THE In AT .:-." .... PZLIc.a.- MY- See page~~ ..~ fl': . ,...;'.... . ~;'..::.i': Iu. .16.1 ~ to .8B2 '~Z1;?~;, ;:. ::- ",.. <' I., ,............. It_.4l..2 ' ~:'}-::" :::' BODua-r MlwlUI'UUlI:r J'OR AIRPOR'1'-PULLING ROAD SIX LANING IMPROVEMEBTS TO RBCOGlfIZZ REVElfUE RECEIVED PROM LIEBIG, PURSUANT TO A DEVELOPER COKTRIBUTIOlf AGREEMENT DATED MAY 28, 1991 - IN THE TOTAL AMOUNT 01' $68,2eO It_ .1601 deleted It.. .1602 APPLICATIOlf POft BLOCK GRA1fT FUNDING PROM THE FLORIDA DEPARTMElfT OF CuMhU.L~ APrAIRS WHICH WILL BKlfEPIT THE PUBLIC HEALTH UlfIT'S OBS'f'E'TRIC PItOGRAM - IK THE AMOUNT OF $7,066 See PagF. 7'1 . It.. .1.D1 "leted -' It.. #161)2 - . ~IIIAIo HnaDn' O~ 'I'D COlfSTRUC'1'IOlf CONTRACT WITH STEVElfS " LAYTOlf, IIIC., POIt TO PALM DRIVE WATER MAIlf PROJECT It.. #161)3 WA'1'ER FACILI'1'IES AGREEMENT WITH NORTH NAPLES UTILITIES, IlfC., A1fD WITH L01fG~ LAKXS JOINT VE~:ruKE TO PROVIDE INTERIM WATER 'l'REATMEKT SKRVYCK TO QUAIL WALK, PHASE I I See Pages 80- g$"' It.. .1e04 CHAlfGE ORDER KUMBER 3 TO THE CONSTRUC'1'ION CONTRACT WITH YOUlfGQUIS'1' BROTHERS, IlfC., FOR THE DEEP INJEC'1'ION WELL PROJECT AT THE NORTH aOOK GOO p~':.t 65 Page 31 . " _,".",~.d...~,'"_' -----_........~-',-""'"..... ........_"..0 ~\; January 26, 1993 f!<'.. ?IC %t1\~- cO\I.i~ IUl8IOlQL WA'l"ER 'l'REA'l'MEKT PLAIn' - Ilf THE AMOUJn' O~ $&, &00 ~;~~ SEE PAGES 156 - 158 ~~;;,.'.', ;, I;i(,,,... "!OU - to ..... '-. 1/' ~r:.' ~'r;~.;"; ~,!:::~ In.,.1...,.,.... .~;l; ~ ,. ,'. ; . . :;;. ,; '.USO~OIIS .3-2&, 93-215 AND 93-27 AUTHORIZIlfG THE CHAIRMAlf TO EXECUTE '1'KE ~KOPRIATS DOCUMENTATION REQUIRED TO EXPEDITE THE COUNTY'S LAlfD RIGHTS ACQOISITIOK PROGRAM FOR THE CURRENT CHAIRMAN'S TElfURE OKLY, AND CLARIFYI~ THE VERBIAGE OSED ON PREVIOOSLY APPROVED RESOLUTIONS See Pages ~b - q y. ,It.. .11511'1 COLLIER COOlf'l'Y DEPARTMXN'1' O~ EMERGElfCY MEDICAL SERVICES CER'1'I~ICATE OF PUBLIC COJIVDIDCE AlfD lfECESSI'l'Y POR '1'HE YEAR 1993 See Pages q" - '10 It.. #115~2 WBSTERK GATEWAY VOLUNTEER AMBULANCE SERVICE, INC., CERTIFICATE OF PUBLIC COBVEKIElfCE AlfD NECESSITY FOR THE YEAR 1993 See Pages qJ-'t&> "t;-:.~.It_..lDa . ~~t\.. (fo';!J:!"':l" SUVZC& MUARaIlT BE'l'WED WBS'l'KRlf GA'1'EWAY VOLUJn'EER AMBULAlfCE SERVICE, f~?>: ' 'I.C. " AJIJ) COLLIER COUNTY See Pages 9CJ - JOb ,f.'" ,', ' It.. #115Gl ~ to .SG. ,"~i,:~;~."::'",_ ' . ~~iLIt~ ~eG2 ~ to .SG3 . ~1.~Z+t'(_...., W^Ji X~ ''''&1~ ..leted-. ~ ~':~.;~'.-':',', '~,:"i" It.. .1U2 :;t:l~::>: ',-" . ",,~l' . \l~. CARRY POJafARD nOM Py 91/92 POR FOND 765 AND BUDGET AMENDMENT AUTHOJUZIn '1'RA1fSnR OF SOCH FONDS FRO FOND 765 TO FUND 1&6, IMMOltALEE BEAUTIFICA'1'IOlf M.S.T.O. - IN '1'HE AMOUJn' OF $195,400 It_ .1&B3 ,'nES WAIVED POR POS'1'IlfG AN EMS AMBULANCE A'1' THE NAPLES CHALLEKGE EVERT .~ ftBIWARY . T'HROOGB nBRUARY 14, 1993 It_41H. g,': -;: 'nIO ~ ORDERS POR CONTRACT lfO. 92-188. WITH TIKCBER COlfCRETE POR ~>"'~.JIBDIAII- c:uJUlIJRJ, PHASE 1, IMMOJCALEE BEAUTIlI'ICATIOlf M. S. T. U. - Ilf '1'HE ~'.\Yi''lO'I''''.u.xnn'' OF .13,&&&.08 .':oI~, , .' :, ",J'. ~~:\., . ':y '!f:.~' , ..It..#1Ha ~" . aOOlt oeo p~(.t 66 Page 32 ~-_.. --.;--."".-.., " "~-,"~,~,.,,.~,-,,-~,.,.... ~,. "-'.'"-'~''''''' January 26, 1993 CBAJI8B ORDD POR BID KO. 90-1&&3 WITH MI'1'CHELL & STARK COKSTRUC'1'IOK CO., IJIC. , I"OR '1'HE PURCHASE OJ' ADDI'1'IONAL MATERIAL REQUIRED TO MEET ~ELD COKDI'1'IOKS OK THE PINE RIDGE IKDOSTRIAL PARK PROJEC'1' - IN THE AMOOWT O~ $20,000 SEE Page 159 Item .16J MISCELLAIIBOUS CORRESPOIfDEKCE - PILED AND/OR REFERRED The following miscellaneous correspondence was filed and or referred as presented by the Board of County Commissioners: ," ". oeo Plt;;t 67 Page 33 __w_n'___-' -"'''', .~_."'..~ January 26, 1993 I~ ~..71 C~.l.nCA'1'D or CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE ,PItOPDTY A.PP!tAISD 1992 '1'AX ROLL 110. Date 87-92 01/11/93 1992 '1'AlfGIBLE PERSONAL PROPERTY 01/11/93 SERVICES OF THE PUBLIC DEFENDER See Pages 107-1.35' It_ 4ItleJCl APPLICATIO. TO THE FLORIDA DEPAR'l'MENT OF TRANSPORTATIOK FOR HIGHWAY SAn'!T St1BGJl&1n' - Ilf '!'HE AMOUln' OF $122, 67!S See Page ---13 b ..... There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:00 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS .~.;~'1\" . CONTROL .:, . ~,..;..;:'::"':. ./ ~ '~~~~':~~ . "', ~ \\ J R U -0" ' . ~ ." x,~... r }':',S; ". -, . 10 ~', ...... t:. " ':..... ~ """"";:1:"~' ...... .0- ,." "00 C" )~~,~~~...", ..' ;-".,' ",,-, ", ,. BURT L. SAUNDERS. CHAIRMAN ?~\V. ."' T; _ ,-'~-:3': ,'" '. ~ ~"':::"::;'~GHT- ~. ,BROCK''> 'cvBRK <~;'~~:;::.~I~.,~ ; :" : "\'r~ ';::.:; . -? ''': ~ j,} ,.' ,.~ .j, . ~ , ~, .:.. (! ,. t. 0.. . f\.(. '. q '.. " ~ f,;r' ..:';,~.~.. '~'im . appitili~d by the Board on :n . 1');;"1<'''' "./;.~.:t\~':'........A'..:, / : ";'K~\';as pre..hteet.,.'.1,' or as corrected . ';J;,~ .:'>f=-:, . .C;~....~ ~ .. I." ~'iiJ ~/"" if ," . ...~,." Iti . ;,,' 1;-.';~j '.~ .~.. -, ::~ (I~I ~- - ir.t.:.. ~6~.;;;~;t " , :t~,., , OCO 71 :1~~;(:',;~'> ' NIl' n~,~ ~~I.{~r: _~_'h ~~1f[" , t' . Page .. '...,. ....'- ~~~{., , , ~'1l;,,;, :,. , " tf ,~, '-"'" ~J,t.:', ----,.,~...""'.~.,"--,......, .'..-'--- .".-