BCC Minutes 04/07/1992 R Naples, Florida, April 7, 1992
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 /aw and having conducted business
herein, met on this date at 9:00 A.M. in I~EOULAR SESSION in Building
"F" of the Government Complex, East Na@les, Florida, with the
following members present:
CHAIRMAN:
VICE-CHAIRMAN:
Michael J. Volpe
Richard S. Shanahan
Burr L. Saunders
Max A. Hasse, Jr.
Patricia A. Goodnight
ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance
Director; Annette Guevin, Kathy Meyers, Debby Fart,s and Ell~e
}{offman, Deputy Glerks; Neil Dorrill, County Manager; Jennifer Pike,
Assistant to the Gounty Manager.; Ken Guyler County Attorney; David
Weigel, Dennis Cronin and Ramiro Manalich, Assistant County Attorneys;
George Archibald, Transportation Services Administrator; Frank Brutt,
Community Development Services Adminis~rator: William Lorenz,
Environmental Services Administrator; Tom Olliff, Public Servfces
Adm~nistrator; Fred Bloetscher0 Assistant Utilities Administrator;
Sandra Taylor Real Property Director; Tom Conrecode, Capital Pro3ects
Management Director; John Boldt, Water Management Director; Stan
Llteinger, Growth Management Director; Murdo Smith, Acting Parks &
Recreation Director; Barbara Cacchione, Ray Bellows and Ron Nino,
Planners; Sue Filson, Administrative Assistant to the Board; and
Deputy Byron Tomlinson, Sheriff's Office.
Page 1
April 7, 1992
Co~tsatoner H&ssa amved, seconded by Comatsetoner Shanahan and
c~rr~ed 5/0, that the agenda b~ approved with the follme~ng
changes:
Item #9A - Recommendation that the Board of County
Commissioners authorize execution of Resolution by the
Chairman which relates to Palmer Cablevtsion and was pre-
viously approved on December 17, 1991 - Added. (Requested by
the County Attorney.)
Item #16All - Authorization by the Board of County
Commissioners for the Chairman to sign letters to the Florida
Housing Finance Agency in Support of affordable housing that
appears eligible to receive low-income rental housing tax
credits - Moved to #8A3. (Requested by Board of County
Commissioners.)
Item #16D! - Approval of agreement for professional engi-
neering services with Hazen and Sawyer for the North County
Regional Wastewater Treatment Plant Expansion - Moved to
#8D4. (Requested by Board of County Commissioners.)
Item #16D3 - Report to the Board on appraisal contracts that
were entered into for the North County Regional Water
Treatment Plant site - Moved to #8D5. (Requested by Board of
County Commissioners.)
Item #16D8 - Quail Creek Village, Phase III-A, and Phase III
Model Homes Water and Sewer Facilities Agreements - Moved to
#8D6. (Requested by Board of County Commissioners.)
Item #8D3 - Award of contract for construction of potable
water main to serve north of Immokalee Road; Bid #92-1843 -
Continued indefinitely. (Requested by Staff.)
Item #8F1 - Recommendation to award RFP 91-1851 for the
purchase of a mid-size rescue pumper for the Ochopee Fire
Control District - Continued to 4/21/92. (Requested by
Staff.
8e
Item #12B1 - Petition PUD-82-20(3), William R. Vines of Vines
& Associates, Inc., representing North Naples Utilities,
Inc., requesting a rezone from PUD to PUD known as Quail II
PUD - Continued to 4/21/92. (Requested by Commissioner
Goodnight.)
Item #14 - Board of County Commissioners Communications -
Added:
A. Update - Coastal Zon~ Plan
B. Update - Mans, tee Protection Plan
C. Update - Beach Acces~ and Parking Improvements at
Vanderbilt Beach
10. Item #15 - Staff Communications - Added:
A. Pari-Mutuel Funds to School District
B. Board of County Commissioners Vacation Schedule
Page 2
April 7, 1992
NOTES: Item #16F5 - Request to release funds for services rendered
to District One Fire MSTU contract participants - signature
blocks to be corrected by the County Attorney's Office.
Budget Workshop for Community Development and Emergency
Services to be held at the conclusion of the regular agenda.
Assistant County Attorney Ram~ro Manalich clarified with regard to
Item #16F5, that the recommendation provides for payments to be
released, as appropriated and already budgeted, to the three d~stricts
for which the agreements are in the agenda package. He sa~d the
agreements will be returned corrected, however, he and Finance
D~rector Yonkosky concur in asking that the payments be released as
budgeted and appropriated.
Item ~3~
CO]~B:I:]IT AGENDA - APPROVED AND/OR ADOP~ID
The ~3tlon for approval of the ComJent Agenda ts noted under Item
FItOCT, AM&TION DI~$IGNATING ~IL 3 ~OU(IH ~IL 11, 1992, ~ NATIO~
CO~ ~ ~ - ~D
Upon reading the proclamation, Commissioner Eu~e moved,
~cond~ by Commissioner Sh~nahan and carrted unant~ou~ly, that
Proclmtlon Designating April 5 throuGrh April 11, 1992 u Nattonal
Count~r~m~nt Week be adopted.
Page 3
April 7, 1992
~A~OI LONG, CO~NIT~ DEVELOPMENT DIVISION, RECOGNIZED AS EMPLOYEE OF
THE MONTN FOR APRIL, 1992
Commissioner Volpe congratulated Sharon Long, Community
Development Division, on being selected "Employee of the Month" for
April, and presented her with a plaque in recognition, as well as a
$50 cash award.
Item ~¢
~ $1XVICE AWARDS - PRESENTED
Commissioner Shanahan congratulated the following Collier County
employees and presented their service awards:
Joyce C. Ernst, Community Development/Customer Service - 15 years
Dale S. Wood, Road and Bridge - 15 years
John G. McDermott, Purchasing - 5 years
· 'BIIDGIT ~S 92-201. 92-210 AND 9:~-212 THROUGH 92-213 - ADOP'I~D
Cmlaaloner Hames moved, seconded by Commissioner Shanahan ~d
carrte~ 5/0, that Budget A~en~ents 92--201, 92-210 and 92-212 through
92-213 be adopted.
M~S. MA~JORIE WALKER, SEABREEZ~ SOUTH, MARCO ISLAND - FRES~RIPTIV~
~' EA~ME~T TO O~E$CENT BEACH - STAFF TO REPORT BACK ON VARIOUS ISSUES AT
~;" TH~ 4/2]./92 BCC M~ITING
MarJorie Walker, representing Seabreeze, Seabreeze South,
Seabreeze West and Aquarius Condominiums, asked the Board to consider
re-opening a foot path to the shore of the Gulf of Mexico on Marco
Island, between Crescent Beach and the Admiralty Condominiums, by way
of prescriptive easement. She recalled having addressed the Board on
Apr/1 16, 1991, at which time the County Attorney was directed to
investigate the possibility of regaining the pathway by a prescriptive
easement. She noted she has been working since that time with
Assistant County Attorneys Dennis Cronin and David Weigel, and has
supplied them with approximately 250 notarized affidavits of con-
Page 4
April 7, 1992
tinual, open unchallenged use of the path, spanning more than 20
yearm. She commented many photographs h~tve been taken over the years
depicting the existence of the pathway, adding miscellaneous newspaper
articles have referred to the long used pathway over the property that
is now Crescent Beach. She stated proof has been presented of 20
years of open and unchallenged use of the. property and asked the Bcard
to direct the County Attorney to initiate the necessary legal proce-
dures to restore the path. She questioned whether the County had the
right to issue the developer of Crescent Beach a building permit, when
the public concern over the pathway along the northern edge of the
property was well known. She ales questioned whether the County
itself extinguished the beach access by issuing a Certificate of
Occupancy {C.O.), knowing there was still a furor regarding the path-
way. She inquired if the County had the right to issue a C.O. in
light of this cloud on the title. She added a municipality is not
supposed to permit an activity by a neighbor that reduces the value or
pleasure of ad~acent properties. She said since this was by now a
legal right-of-way utilized by al/ the ad3acent owners, the loss of
their beach access greatly reduces the value and pleasure of their
homes. She mentioned a Statute of Limitations takes effect if action
is not taken within a certain amount of time. Sh= concluded she has
been working with the County for one year, and feels a decision should
be made before time runs out.
Assistant County Attorney David We/gel reported ~n researching the
issue of prescriptive easement, t~ has been determined to be very
difficult to prove, because it is an element of showing an adverse
property interest in people who are not the record owners of the pro-
perry. He said in this case, a k(~y element in their research has been
the fact that the access to be proven in Court concerning the Crescent
Beach property is /inked with an access with Seaview Court, the clo-
sest public roadway access point for the public. He remarked from
Seaview Court, to get to the Crescent View Condominium property,
requires the pub~.ic to come along the driveway of Southwinds
Page 5
April 7, 1992
Condominium, which is a private drive. He explained the elements for
a prescr~ptive easement which are provided by common law and case law
in the State of Florida, require that th.e claimant must prove actual,
continuous and uninterrupted use for the prescribed period of 20
years. He said the use must be adverse under a c/aim of right with
the know/edge of the owner or must be so open, notorious, vie~ble and
uninterrupted, that know/edge of the use is imputed to the owner. He
added the use must be inconsistent with the owner's use and enjoyment,
must not be a permissive use, and any use in common with the owner is
presumed to be subordinate to the owner's title and with the owner's
permission. He advised the burden is on the claimant to show that the
use is ad~,erse. He indicated in this case, the Crescent Beach pro-
perty alo~:e does not have access to a public area except Seaview
Court. He said people for many years have walked through the private
drive of the Southwinds Condominium to reach the property line of the
Crescent Beach property. Therefore, he said, in order to attempt to
successfully challenge the ownership of the Crescent Beach property by
means of prescriptive easement over 20 years, it will be necessary
first to prove there is an adverse interest in the public along the
private property of Southwinds Condominium. He mentioned in working
with Mrs. Walker and other members of the public from Marco Island, he
has asked that they provide the County with information or a declara-
tion from the Southwinds Condominium that could show the prerequisite
public use for 20 years over the Southwlnds property. He said
apparently that has been difficult to obtain, since he has not seen
such affirmat~on. He communicated to bring a lawsuit against Crescent
Beach without showing a clear public access to that property in the
first place, would be improvident.
In response to Commissioner Saunder~, Mr. Weigel replied the
Statute of Limitations varies from four to seven years for property
matters, and it is his belief that th~s issue would fall in the seven
year category.
Commissioner Saunders asked what is the likelihood of bein~ suc-
Page 6
April 7, 1992
ceesful if the County files a lawsuit?
Mr. Weigel stated the County has little or no chance of winning a
lawsuit filed against the Crescent Beach property under the present
circumstances of not having a recorded access to that property from a
true public access point. He remarked having such an access would
change his opinion considerably, but the requirements are still
daunting.
In answer to Comm~ssioner Saunders, Mr. Weigel stated eminent
domain ia a legal option the County may entertain.
The fo/lowing people spoke in favor of the County pursuing a
prescriptive easement to Crescent Beach, stating there has been a
d~minut~o~ in property values at Southt~lnds Condominiums since the
beach access has been closed; the developer of Crescent Beach, which
has only been in existence for four years, has completely taken away
the benefit of the beach from those who have owned property and paid
taxes on Marco Island for 10-20 years; and from the minutes of South-
winds and through newsletters, there is a large consensus interested
in re-obtaining beach access:
Smith Thompson John Dopp
Philip Nicolost George Keller
Charlotte Westman
Commissioner Hasse asked, g~ven the comments of the public
speakers, why Southwinds has nog Joined this effort?
Mrs. Walker replied she has addressed the members of the Board of
Directors of Southwinds on several occas~lons, however, their comment
was they did not wish to in any way hin~er her efforts, but did not
wish to ~oin in.
Comm~saioner Hasse question~d when the fence was put across
Seaview Court?
Mrs. Walker responded it was lnstallod temporarily early in 19B8.
County Attorney Cuyler inquired if access along the Southwinds
Condominiums to the Crescent Beach prol~rty during the 1980~e was
obtained with their permission?
Mrs. Walker replied permis~ion was never granted by Southwinds for
Page 7
April 7, 1992
that access.
Commissioner Hasse suggested the County Attorney's Office again
~t to contact the developer of Crescent Beach, given the possibi-
lity that the County may take legal action.
Mr. Weigel explained the di~cussion this date has been necessary
to indicate enough background prior to bringing a case against the
property owner of Crescent Beach. He said it is now understood there
is a linkage between the Southwinds property and Crescent Beach. He
remarked it would be advisable to establish the Southwinds as the
prerequisite link to the public road before speaking to the owners of
Crescent Leach.
C~m~se~oner Saunders move~, seconded b~ Commissioner ~amme and
carr~e~ una~tmou~ly, to direct Staff to report Back on April 21, 1992,
with further Information on the advers~ possession issue; reasonable
comte to acquits the easement through eminent domaln~ the number of
peopla likely to use the emsmm~,nt; and any opportunity for public
parking spacem on Seavtew Court or in the taetlate area.
Recem~md: 10:32 A.M. - Reconvened: 10:40 A.M. at which
D~p~t~Clmrk Meymrm replaced D~pu%~ Clerk ~uevtn
Item
~. ~r.~ ~ REPRES~IN~ EMERALD ~ItEKNS CONDONINIUN A~SOCXATION
Bob Sheller, resident of Emerald Greens subdivision, explained
that Jill Sheldrake could not attend this meeting. He clarified that
he ts not requesting exclusion from the M.S.T.U. but a request for a
fair way to take care of the upcoming capital Improvements.
He stated that he ts speaking for hlm~elf, the Board of Directors
of Emerald Greens and over 100 unit o~nere. He mentioned that the
' ' unit owners have signed petitions which were presented to the Chairman
~: with a letter from the Board President (copies not provided to the
'. Clerk to the Board). lie emphasized that they strongly object to the
unfair capital Improvements assessments.
Page 8
April 7, 1992
Mr. Sheller related that at the December 3, 1991 meeting they had
been Informed that Staff would recommend an exemption from the capital
~mprovements be granted. He stated that the recommendation changed,
when it was pointed out that they may have to use the entrance at
Forest Lakes Boulevard and Pine Ridge Road.
Mr. Sheller indicated that on a cost benefit basis the unit owmers
of Emerald Greens and Fairways of Emerald Greens are being told to pay
twice the amount of others and received absolutely no benefits.
He concluded that the M.S.T.U. would be readily accepted and approved,
and asked the Board to rescind their December 3, 1991 vote and approve
the exemption of Emerald Greens and the Fairways at Emerald Greens.
Donald Parrot, owner and r~esident of Emerald Greens Condominium,
and ~ember of the Board of D~r~ctors a]~d Co-Chairman of the Buildings
Committee reported that a surw~y conducted from ? A.M. to ? P.M.
~n October, 1991 recorded 3,14~ vehicles that travelled north or south
on Woodshtre Lane and of this number of vehicles exiting the residen-
ces of Emerald Greens, Woodshire and Fairways, 90~ continued north and
exited at Pine Ridge Road, and only ~0!~ travelled west on Forest Lakes
Boulevard. He added that of the vehicles entering Woodshire Lane from
Pine Ridge Road, ~0~ turned west into Forest Lakes Boulevard and §0~
continued into the Woodshire Lane residences. He related that these
figures indicate the usage of Forest Lakes ~oulevard by Woodshire Lane
ts at a minimum.
Russell Ralston, residing ~t ~408 Forest Lakes Boulevard, and
Director of the Quail Run Golf Club, stated he is requesting the Boar~
deny this Petition. He deemed the improvements made by the developer
were enhancements needed to meet County requirements. He asserted
that traffic has increased in the past year or two.
William Seabury, President of Forever Lakes Golf and Tennis Club,
Building One, stated that with every heavy rainstorm Forest Lakes
Boulevard and Woodshire Lane are underwater 4-6". He commented that
the M.S.T.U. eventually will r~lieve this flooding problem and
everyone will benefit, and the residents of Emerald Greens should pay
Page 9
April 7, 1992
their fair share of this and not be exempt from their financial
ii.( responsibility. He added that it will also keep the cost at an affor-
.'. dable rate.
3' Edward Hay, residing at 1083 Forest Lakes Drive, expressed that
the public was welcomed at the December 10, 1991 meeting. He set
forth that the M.S.T.U. wlll repair the main entrance roadway, which
Emerald Greens and Fairways reside]Lts will also use as an exit.
Roger Somerville stated he agrees with William Seabury's views.
John Lee with Community Development Corporation (the developer of
Emerald Greens and the Fairways of Emerald Greens) stated that the
:.: drainage ~foblem at Forest Lakes Boul(~vard and Woodshire Lans preceded
the development. He noted that $160,000 was spent by the developer to
alleviate the drainage problems. He confirmed that the capital impro-
vements need to be done right away.
In response to Commissioner Volpe, Mr. Lee verified that purcha-
sers of units since the tame of the hearing of Emerald Greens and
Fairways of Emerald Greens, were notifled of the existence of the
"' N.S.T.U. and the charge that may be imposed for the proposed improve-
ments. He added that they were notified of the $700 charge for off-
s~te improvements.
Tom Conrecode, Director of the Office of Capita/ prOjects
%~' ' Management, stated that the benefit will be to the entire unit and
i: Staff's recommendation is that everyone be assessed for the capital
costs.
David Weigel, Assistant County Attorney, discussed that from a
legal or technical standpoint, this M s.r.u, was created through the
Board at the request of property owners within the area.
Mr. Weigel explained that all the properties within an M.S.T.U.
are subject to an ad valorem tax and a millage established within the
ordinance creating the M.S.T.U., and that an exemption or exclusion
for one year is a legal impossibility within the context of an
:~. M.S.T.U.
He advised the Board that they could consider excluding this pro-
Page 10
April 7, 1992
perry from the M.S.T.U. and include it at a later date, meaning a
later assessment year, but according to the Property Appraiser's
Office, this would be difficult for the following reasons:
a) a new property description would have to be submitted to the
Property Appraiser's offlce so the roll could be reformed;
b) the Ordinance adopted December 10, 1991 would require a public
hearing unless the Board opted for emergency consideration,
which would create a lag time b~tween today and the date of
adoption for the modified ordinance.
Mr. Weigel emphasized that this Public Petition discussion is not
the public hearing for the modification of the ordinance.
~ealoner Volpe stated t]mt he ~.e satisfied with the Board's
pr~v/~ c~eter~inatton of Decsml~r 10, 1991 and Commissioner Shan~n
the rest of the
PUBLIC ~ZNG DATE SET FOR MAY 19, 1992 at 1:00 P.M. TO CONSIDER
ADOPTZON OF TH~ 1~91 GROMTH MANAGEMENT PLAN AMENDMENTS AND IN1/ITE TH~
DEPAHTM~I~T OF C09~I~NITY AFFAIRS TO PARTICIPATE IN TH~ PUBLIC HEARI]~G
Frank Brutt, Community Development Services Administrator,
explained that this item is to establish a date for a public hearing
for the Plan Amendments for the 1991 Growth Management Plan
[' Activities. He noted that a public hearing was held in October, 1991
S.~ and the Amendments were transmitted to the State for review and
;/ returned to Collier County, which is now required to hold a public
hearing.
C~leetoner Volpe ~ub~tttsd that the public hearing ~ held ~
19, 199~ during · regular ~eeting at 1:00 P.M. and the Bo~.d con-
INFO~TION~L ITEM R~GARDING AN OUTLIN~ JUlD ASSOCIATED COSTS FOR
PO~I~B~E P~PA~&TION OF AN ECONOMIC EL~IENT AS AN OPTIONAL ~"LEMKNT OF
TH~ ~ MANAGIB~NT PLAN - STAFF DIRECTED TO CONTINUE TO COLLECT
DATA
Frank Brutt, Community Development .~;ervices Administrator,
explained that this is an informational item relative to the Economic
Element which would be an optional element in the Growth Management
Page 11
Barbara Cacchlone, Chief Planner for Orowth Planning, commented
that at the December 3, 1991 Workshop held with the Economic
Development Council, the Board discussed the need for an Economic
Element and requested an outline and the ,associated costs with pre-
paring an Economic Element.
Ms. Camchione pointed out that within the Executive Summary,
Attachment One is the outline.
Me. Cacchione explained that this prol]ram would occur in three
·atepa:
Step One:
Step Two:
collection of the demographic and economic data;
a time-consuming step viewing the different strategies
and alternatives for the community, ~.e. strengths and
weaknesses in the community, which industry can be
attracted to the community, and what can be developed
as the community consensus on what is desirable as far
as the economic element - public input is critical;
5- Step Three: the actual adoption of the Element as an amendment to
the Growth Management Plan.
She indicated that the estimated time frame for completion would
be approximately two years and the cost involved would be approxima-
tely $65,000 to $70,000 and this is the in-house estimate requested,
, ~ She commented that this cost estimate ~ncludes the staff time to pr(~-
pare the program and does not ~nclude any costs for implementation.
i.:' In response to Oomm~ssioner Volpe, Ms. Cacchtone specified that
.:~ she is basically collecting data and including it in the format and
updating commercial information and census information. She further'
noted that the industrial study will be completed this year.
~..~'~, Dudley Goodlette, Attorney, detailed that he is speaking on behalf
of the Economic Development Council and urged the Board to proceed
with the adoption of an Economic Element ~n the Growth Management
Plan.
Commissioner Shanahan commented that he shares the view that an
Economic Element is needed and is extremely important to the overall
, community, but expressed concern over the considerable costs involved.
itl Commissioner Saunders discussed That he supports the efforts of
Page 12
April ?, 1992
April 7, 1992
the Economic Development Council and the business community, but is
~ot in favor of establishing a new county employee to develop the
~ata, since ~hs data is already available, and added he is not con-
vlncsd of any benefits of an Economic Element in the Comprehensive
Plan, at thio time.
Frances Barsh, a member of TAG, stated she is not in favor of this
proposal, becaus~ it seems to create another unnecessary office of
government, and noted that the price of $65,000 to prepare this is
~x~necessary as this information is readily available through the
Chamber of Commerce or Better Business Bureau, and other organiza-
tions.
Commissioner Volpe commented that there is an opportunity for the
Board of County Commissioners to work with the private sector, i.e.
the Chamber of Commerce and the EDC, and agreed with Commissioner
Saunders comments. He doubted that there is a consensus among the
Board members to direct Staff to proceed with the development of the
Economic Element.
Co.missioner Volpe directed Staff to continua to collect d~ta.
C~AI~ANAUTHORIZ~D TO SION LETTERS TO TH~ FLORIDA HOUSING FINANCE
A~ENO'f IN ~12PPORT OF AFFORDABLE HOUSING THAT APPEARS ELIGIBLE TO
~O~lr~H F~&-INCOM~ ]~ENTAL HOUSING TA~ CKEDITS WITH THE EXCHFTION OF
WILD~OOD ~E~S NHIOH IS CONTINUED FOR O~E WEEK TO ALLO~M~. A~HIBALD
TO D~ NH~N MONIES WILL BE PAID
Frank Brutt, Community Development S,~rv~ce Administrator, relate,]
that the Federal Tax Code allows the dev,~loper of /ow-income rental
housing to receive tax credits, and the Federal Government works with
the Florida Housing Finance Agency relative to the dealings for this
particular tax credit.
Mr. Brutt mentioned that the State informed him of various pro-
Ject, that have applied for the tax credits. ~e stated that the pro-
posed letters give reco~nition to the projects as to existence and
location, and that the Board of County CoamissAonsrs will not be obli-
~ated to any action at a later date, and authorization for the
Page
April 7, 1992
Chairman to sign must come from the Boa]:d.
Commissioner Shanahan called attention to the Wildwood Lakes d~ve-
loper's nonpayment of $47,800 which ts for commitment of access iml.)ro-
vements made by the developer, and said it should be considered prior
to this letter being sent.
Transportation Services Administrator Archibald commented that
this commitment was fulfilled by the County as part of the four-lantng
of Davis Boulevard and involved a medial% opening and a turn-lane. He
contended that this is a future benefit to the development and noted
that in recent discussion with the deveiloper, they have committed to
try to ascertain funds to make that payment.
Douglas Magilvra, a resident of Naples Park, questioned why thE:
County would make this letter available to a developer who owes thE:
County money.
G~l Erlichman, a resident of East Naples, questioned whether there
are other developers who owe th~ County any money, and why Mr.
Archibald is willing to give this developer a break.
T~pe eS
Mr. Archibald indicated thel.-e are three projects that the Finance
Director has identified, with outstanding obligations to the County -
two on Davis Boulevard and one on 951.
Mr. Archibald felt that in consideration of this track record it
should also be noted that through the years many turn lanes have been
~otntly constructed at developer cost and the County has been success-
ful tn obtaining prepayments and a~reements. He noted that in the
last ten years there ts only three outs tandin~/ turn lanes and one has
been addressed for payment by the devel,)per, while the other two
~nvolve financial problems. Mr. Archibald asked that the record note
that the County has had good cooperation from the development com-
munity.
Mr. Archibald outlined that turn lanes provide access to ad3acent
properties and serve to maintain capacity of through lanes and safety
of the through lanes. In the case of Wildwood Lakes, he noted that
Page 14
April 7, 1992
thia median opening and turn lane complex provides for developers on
the north and south side of the roadway as well as for the public
make U-turns; it serves more than one developer, but one developer has
agreed to incur the cost of those improvements, and through that
agreement the County will ultimately b~ paid by that developer.
County Manager Dorrill briefed the Board that there are two
accounts that are delinquent as of the first of the year, and both
were done with the knowledge and consent of the Board in four-laning a
state road. He confirmed that failure for them to pay will result in
a lien being filed against the property, and in many instances the
County seeks relief in court.
Fred Tarrant, member of TAG, stres~ed that the outstanding money
owed by Wildwood Lakes should be paid and the letter should not be
sent.
Cc~mi~ioner S~unders moved, seconded by Comtsslonar Shanahan ~nd
carried ~nani~ou~l¥, to approve authorization for the Chairman to sign
Ind ~ the lsttera, with the exclusion of Wildwood Lakes.
~iBs~oner maunders ~ade a ~otion, seconded by Comiestoner
Goodnight, to approve sending the letter for #ild~ood Likes and th~tt
the ~lc~l~ be advised that if the p~.y~ent is not made in a
f~h~on, the County Attorney will be-directed to file ~utt to obtain
Commissioner Shanahan stated that he would prefer that a meeting
be bald with the developer to discuss the payment and legal action
that may occur as a result of nonpayment, before the letter is sen~.
~41mm/a~i~ S~u~erm withdr~w his motion.
C~t~i~er Shin~han ~oved, seconded by Collitlltontr Ra~lll
ClZTle~ unanimously, to conttnu® this portion of the tta~ regarding
the mtton of the letter for #tldwood Lakes for one week, to allow
M~. A~chtheld to provide the Board with a co.lt~ent ~ to whan tho
o~tst~n~tng fun~ will be p~td.
P~g~ 15
April ?, 1992
FII:~:~Ff&TION OF FROPOSED SHORT ~ &RD LONG T~RM &CT/OW PT~klq TO
John Bnldt, Water Management Director, reviewed that on March 3,
1992 the B,:ard heard a presentation from Water Management Staff and
Johnson En~tneerln~ on the findings of the Engtneertn~ Report, and the
Board re~ested at this meetlng that the item be continued for 30 days
~d dtrected Staff to compile short te~m and long term alternatives
for m solution to the problem.
Mr. Boldt referred to and discusse,] Attachments A and B tn the
~e~ttve Sli-m~ry, which lists the short and long terl action pla~s
[," ~d outllnes the costs, and cost break~]o~m for alternate scopes of the
project.
~. Co~leetoner Shanahan commented that all the short term action
8tepo are necessary.
Fr~k Ross, representative for Charlemagne Boulevard residents,
~esttoned how the new sto=mwate= ad valorem tax wtll provide for pre-
sent ~d/or future deficiencies tn the etormwa~er managemen~ system.
Mr. Ross asked Mr. Boldt if he has another surface water manage-
men~ permit for the present construction of this canal. Mr. Boldt
stated that the developer ts responsible for obtaining tha~. Mr.
Boldt surmised that the Water Management District approached this as a
~' ~tnten~ce progr~, so no permit was re~tre~; s~nce the ditch was
there, It was ~ust relocated.
~' Mr, Ross read from Paragraph C of an alleged Proposal. He stated
; that the $~07,000 cost ts a pittance tn relation to the new Stormwater
M~agement Non Ad Valorem T~. He men'tt:~ned that the stormwater
problem 1e not due to natural circumstances but ~s caused by manma~e
~' drainage from manmade development to the north and east of this area.
e~ Deputy 01erk Farrte replaced Deputy Clerk Meyers at this time ~
The following persons spoke to the issue of proposed short term
~:.. and long term action plans to the Rtv~,era Golf Estates Unit 4 Drainage
Project:
Page 16
April ?, 1992
George Keller, President of Collier County Civic Federation
Roger Smith
In response to Commissioner Shanahan, Water Management Director
Boldt explained his proposal is to depress the fill over the pole pro-
tector blocks, leave the culverts in place and gain the additional
f/ow needed during storm times, while leaving the poles in place.
In answer to Commissioner Volpe, Mr. Boldt confirmed the penalty
is paid to DER and, therefore, cannot be used for remedial action.
Coe~Assioner Shanahan aoved, seconded by Co~-issioner Saundere, to
~ i~Ltatel¥ on all short ter~ action steps, acceleratin~ the~ a~
quickly a~ ts ph~tcally and financially possible, hopefully
acc~liehing everF one prior to the end of 1992.
Commissioner Shanahan stated that, if funding becomes available,
the County needs to accelerate the 4-1antng along County Barn Road and
expedite the Zone 6 Drainage Plan as well.
Upon call for the quest/on, the ~otton carried unanl~usl¥.
ese ~: 1:15 P.M. - Reconvened: 1:45 P.M. w/th Cmtemionere
~ and Goodnight returning to the ~eeting at 1:50 P.M. ess
Xtra ~B1
~ O~* COI~R:~f&TXOR OF ~NPACT F~E$ FOR TH~ I],~OXALKK CHILD CAl~
C~3gl'~ (F~*-91-9) - COR$~II*SU5 TO DIRECT STAFF TO RECONPUT~ X~IPACT ~E~
~ B&~D OB XNFOR~"Ut?XOR TO B~ PROVIDED
Transportation Services Administrator Archibald explained the
manner in which the traffic impact fee was computed for the Child Care
Center in Iuokalee.
In response to Commissioner Volpe, Mr. Archibald acknowledged
that no type of payment procedure has been established to-date.
Commissioner Goodntght stated her problem with the situation Js
that, pursuant to HRS regulations, Ms. Graham had to go through a con-
ditional use process in order to operate a center caring for more than
five children and, had she not been in that area, she would not h~ve
had to pay impact fees.
Brief discuss/on ensued regarding 'trip length in immokalee being
shorter than the three miles currently used for assessment purposes.
Page
April 7, 1992
· ~ w~s to direct staff to Introns recomputation of the
~ £ee ~t ~ed on tnfo~tton to ~ pr~lded them.
ICl
~L~IOI 92-218 ~ SC~D~E OP PaING ~15 ~ ~ P~[ING
Public Services Administrator Olltff explained the rationale
behind the reduction of fees for the annual beach parking permits from
$30 per year to $20 per year. He stated this Resolution is the'
ministerial paperwork to make happen what the Board of County
Commissioners approved as part of the budget for this fiscal year.
County Attorney Cuyler advised that, when receiving state monies
for beach improvements, some of the state grants have provisions
disallowing discrimination between tn-county and out-of-county resi-
dents with regard to fees and such.
The following persons spoke to the issue of parking fees and beach
parking permits:
Emily Magglo (read article allegedly published December of 1990)
T~pe e4
MarJorle Ward, President of CABB (Citizens Association of Bonita
Beach)
Public Services Administrator Olltff reiterated this item is a
confirmation of last year's discussion and, at budget time, options
will be presented in terms of the entire beach parking and boat ramp
fee schedules.
carried Si2 (Commissioners Goodnlght and Saunderm opposed), to adopt
R~o]utlcm 92-218 e~tabltshlng be,ach parking fees and beach parking
It was the consensus that County Attorney Cuyler ts to provide
information regarding the possibility of charging out-of-county, and
potentially out-of-state, beachgoers In excess of the County fees;
said information to be considered during the Budget hearing.
Page 18
April 7, 1992
~ ~ GOZ~I~OC~ZON OF HE LZVZNGSTON ROAD WATER MAZN, PHASZ Z,
BZD ~I--lS2B - ~ED TO FLORZDA STATZ UNDERGROUND, ZNC. ZN THE
Assistant Utilities Administrator Bloetscher summarized the
history of this item commencing with the opening of bids In January.
He explained there are a couple of easements staff is expecting to
Close on shortly and, therefore, the notice to proceed will be held
until the easements are secured.
.e Commissioner Saunders left the meeting at this time
Conditioner Sh~n~ ~oved~, seconded ~ Coati. toner Ha~e
c~rt~ 4/0 (C~eetoner Sa~giere not present), ~o a~d Bid ~9~-1825
for ~~ct~on of the Liv~n~ton Road Water ~n Ph~e I
l~r~t project to ~lorlda State Under~o~d, Inc.
H2-1~37 - ~ ~ S~ ar ~ON, INC. IN ~ ~O~ O~
Assistant Utilities Admints~trator Bloetscher capsultzed the intent
of this item as outllned An the. Executive Summary.
· * Commissioner Saunders returned to the meeting at this time ''
~t~er Hawse ~vmd, s,econded by Com~imsioner Shanahan anti
c~ri~~A~ly, to ~d ~id ~92-1837 for constriction for the
U.~. 41 ~th ~ter ~tn ~oJect to Stevens & La. on, Inc. In the
I~ ~ (fo~rl~ ~16D1)
~ ~ ~ CO~ ~GION~ ~ST~ATH~ ~~ P~ ~SION -
Assistant Utilities Admints, trator Bloetscher highlighted some of
the information detailed in the, Executive Summary. He declared the
total construction cost is expected to be about $9,000,000, and the
three design phases will probably be b~d as three contracts.
Page ! 9
April 7, 1992
~i~l~, ~o appr~'~ ~he a~ree~n~ for profe~to~l ~l-
with R~en ~d Sa~er An ~ ~t not to exc~d
Page 20
April 7, 1992
CONTRACTS IINTEI.~ED INTO FOR THE NORTH COUNTY
'l']tt&~ ~ $ITI~ - APPROVKD/~Xl~RTffrlII~$~
Co,missioner Volpe explain(:d his ri:quest for removal of this item
from the Consent Agenda due to the budgeted amounts Involved.
County Attorney Cuyler confirmed tills ts an eminent domain case.
Assistant Utilities Admtnliztrator Bloetscher stated the property
Involved was condemned about 1-.1/2 years ago.
County Attorney Cuyler advised the purpose of the expert wit-
nesses is to back up the County's position that the claim of the value
of the property ts far In excess of what It should be.
Cc~i~ionsr Sh~nahan ~ved, seconded
c~ ~~ly. to appr~e the a~ra~eal contracts entered ~nto
for ~ ~r~ ~W Regional Hater Treatment Pl~t site, not to
It~ ~ (~ly Pl6D8)
S~ F~XL~I~ A~S - COati--I) ~ 4/21/92
Commissioner Volpe revealed he requested this item be removed from
the Consent Agenda as it seems to tie back into the discussion which
transpired last week regarding the North Naples Utility.
Assistant Utilities Administrator Bloetscher explained staff
attempting to force the interim utility to acknowledge that they are
an Interim utility.
Following a brief discussion, County Attorney Cuyler advised that
the County could enter into this Agreement but questioned whether
there Is any problem with conti:autng this item for two weeks to allow
staff additional time to researnh the s, ttuatton.
O~ssion~r lla~se ~oved, ascended by Co~isstoner Shanahan ~nd
C~TA~~i~ousl¥, tO conttn~ this item for two weeks.
R~O~T OF K~LT~ FRO~ QUESTIOILtI~ MAILED R~SIDKNT$ OF (]OLDEN
i:~I'&T]~ I~ ~I~DITURE OF FUNDS IN TH~ GAG IJLND TRUST - AC~
Page 21
April 7, 1992
Sandra Taylor, Real Property Management Director, stated several
members of the Golden Gate CitJ[zens Advisory Committee are present to
discuss the results of the que~ttionnaire, if the Board of County
Commissioners so request.
Contaatonsr Volpe pointed out that the res/dents of Golden Gate
Estates hays underscored they ~,ould like to see some type of addi-
tional recreational activities provided in a closer vicinity to the
Estates as opposed to within Go/den Gate City.
Commissioner Goodnight stated it is gratifying to find that the
· urvey reflects the same results as the survey of two years ago.
~iee~ea' ~ee ~v~d, ~*co:nded by Co~as~oner S~~ ~d
~~ ~~ly, to accep~ the re~r~.
Xt~ ~
Thomas Conrecode, Office of Capital Projects Management Director,
summarized the intent of this Item, relaying staff's request that
the Board of County Commissioners accept this report and direct action
to be taken to effect the reconuaendattons outlined in the Executive
Summary.
~ Co~ss~oner Saunders ]eft the meeting at this t~me **
County Manager Dorr~l stated he i~ wa~t~ng to see some Justifica-
tion from Dr. Polkowsk~ =egardSng the 10,000 sq. ft..of clinical ~d
progr~ space that is needed ~n Immokalee.
Co~ss~oner Shanahan observed the f~scal impact ts $62,000 for
the renovation of the ag=~cu/tura/ building w~th a savings of $8,400
~n a~ual lease payments.
~~~ ~tght ~a, ~co~ed ~ Co~te~t~= ~ ~
~ Ill~tt~ pl~ for g~~t se~tcea In l~l~.
Page 22
!:..¥. April ?, 1992
l~flO~ 9~-219, RL~ItTZNa TO P]tL~lt CABL~ZSZON TRIklqSI~R AID ~HZ(Yfl
~ P~IO~LY lhl~O~ ON DKCI~NlJl~R .17, ~ggl - ltDOPTL~
County Attorney Cuyler advts,.,d this Resolution represents for-
maliz&tion of an action the Board of County Commissioners has already
taken.
Cc:llllLtlltonlr 8hanlhln Io~, leconded ~ Co~81~o~r ~tl ~d
c~i~ 4/0 (C~i~ioner Sa~de]'e not pre~en~), to a~r~e t~
tr~fer of ~l~r Co~cat~o~,, Inc. cable telev~sion fr~chi~fs to
~ ~le ~soctatee, there~ adol)ttng Resolution 92-219.
Page 23
April '7, 1992
Deputy Clerk Hoff~a,n replaced Deputy Clerk Ferric
at this tie se.
RESOLUTXON 92-220 R~ PETITION PEA-92-! DETERMXNXRG REVISIONS TO TH~
T~LV~ ~ D~ELOPMHNT ORDER r~) NOT CONSTITUTE A SUBSTANTIAL
DEV~ATXOI ~XRINO ~ DEV~.T.0PM~NT OF R~GIONAL IMPACT
(~P~IXON TO I~ 12C2) - ADOI~I~D
Legal notice having been published In the Naples Daily News on
March 22, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was o~,ened.
Planner Nine explained that this item involves a determination as
to whether an amendment to the 3welve Lakes Development Order which
would extend the tnlttal develo~.ment phase by 2 years and 11 months
constitutes a substantial deviation. He indicated that the effect of
the amendment is due to the deve. loper's Inability to begin construc-
tion within the May, 1992 time frame. He reported that the reasons
for same are stated in the Executive Summary.
Mr. Nine affirmed that when dealing with amendments to Development
Orders, attention needs to be focused on Policies of the Growth
Management Plan. He referred tc Policy 5.1 of the Transportation
Element, noting that the proposed 2 year 1! month extension of the
build-out date may have Implications with respect to concurrency. He
pointed out that no level of service will be affected and the planned
improvements fall within the scope of Policy 5.1 and would otherwise
be deemed consistent with the Traffic Element of the Plan.
Mr. Nine advised that the Collier County Planning Commission
reviewed the amendment to the Development Order and unanimously recom-
mends approval and deems the amendment to be insubstantial. In addi-
tion, he remarked that staff concurs with the recommendation of the
Planning Commission.
There were no speakers.
Commt~ton~r Hues ~ov~d, seconded by Co=-/setoner Goodntght and
carrted u~mtmously, to close the publtc hearing.
In response to Commissioner Volpe, Mr. Nine replied that as of
Page 24
April 7, 1992
today, the commercial land use element is not inconsistent with the
Growth Management Plan since this is a vested project.
Attorney George Varnadoe stated that DCA. the Region and County
staff came to the conclusion that there were no new or different
impacts, since on1¥ the time p~riod for development would be extended.
~m/lsioner Huse moved, IBecondsd by Commissioner Ooodnight ~nd
=arrie4~n~nimly, that the ]proposed amendments to the Tw~lvl Lakes
D~v~l~ent Or. er do not conmt:[~ute m ~ubstmntial devt&tton, thereby,
~t~~lution
Page 25
April 7, 1992
lI:~:~DLIFTZON92-221/D~VELOPME1TT OItDER 92-3 RE PETITION DOA-92-1, G~ORG~
L, ~AJ~ADOI, ~~RG TRI C & S SOV'RAR TRUST COMPANY, RKQUESTZ]IG
~ TO T~ T~KLV~ LAKES ~ID, FOR PURPOSKS OF EXTENDING TH~
~ ~ ~ OF DK~LOPM~T AND A POTENTIAL DOWN-ZONING
ACTI~ F~ P~OP~TT NORTH OF D~;IS BLVD. AND SOUTH OF RADIO ROAD
- ~
Legal notice having been published tn the Naples Daily News on
March 8, 1992, as evidenced by Affidavit of Publicat~on filed with the
Clerk, public hearing was opene,~.
Attorney George Varnadoe st;ated that this item had been previously
continued. He noted that the resolution was advertised and requested
that the County Attorney be authorized to change the dates in the
resolution since they are lncor:~ect due to the continuance.
Co~d88toneF Goodntght move], seconded by Contsstoner SaunderfJ
~ =~Tted unanimously, to clo~se the public hearing.
C~ui~toner Goodntght moved,'seconded ~ Co--tootler Hm~o
~rl~ ~~1~, t~t Resolution 92-221/~A-92-3 ~ adoptS,
~fl~t~ t~ a~rtate chains tn the dates.
96.
~ 26
&prJ, 1 ?, 1992
]:tel
~:~'SOLQ'f/ON 92-222/DNV~LOPI'~NT ORDKR 92-4, R~ P~TITION DO.it 91-2,
NILLLAM R. VINES R~FRESENTING ASHLEY M. PAPIIIEAU OF TOLL GATI
CO~M~]tCIAL CENTER, REQUESTING AN AMENDI~ENT TO THE TOLL GATE COI~I~RCIAL
CE~I~]t POD DEFELOPMENT ORDER 84-1, FOR PROPERTY LOCATED IN THE
SOOTH~AST CORNER OF 1-75 AND C.R. 951, CONSISTING OF 100.23 ACRES -
Legal notice having been published in the Naples Daily News on
March 22, 1992, as evidenced by Affidavit of Publication filed with
the. Clerk, public hearing was opened.
Planner Bellows provided the Commission with a copy of the pro-
posed change to the development order. He indicated that the peti-
t~oner ~s requesting the deletion of a specific phrase within the
Housing Section (Condition F.1). He reported that the phrase states
that, if the County has not adopted an affordable housing improvement
program, supported by a proportionate share funding ordinance by
January l, 1994, the developers of the Toll Gate DRI would no longer
be required to contribute to the affordable housing trust fund. He
noted that this amendment will eliminate this exemption and require
the project to contribute to the trust fund even if the County does
not adopt an affordable housing financing strategy.
Mr. Bellows remarked that this change has been discussed with the
Southwest Florida Regional Planning Council and they agree that this
would satisfy their concerns. In addition, he indicated that the
Department of Community Affairs has requested a minor change to the
Transportation Section, as reflected ~n the handout provided earlier.
He pointed out that Condition H (2) will be amended by deleting the
words "and/or ptpeltntng".
Mr. William Vines advised that he has no problem with the changes
-mince they are minor housekeeping Items.
There were no speakers.
c~Tle4~J~ov~ly, to close the public hearing.
~t~to~er Shanmhan ~oved, .~econdad by Co~testonar Hmmem ~md
caxriedl~n~on~l¥, that Resolution 92-222/Development Order 92-4 be
adopted.
ffi O00. 117
Page 2~
April 7, 1992
~ ~ ~ CO%91ISSIONERS C09~IUNIC&TIONS
Enviroruaental Services Administrator Lorenz updated the Commission
on the Coastal Zone Plan. He stated that this Plan was required by
the Conservation/Coastal Management Element to be in place by August
l, 1990. He indicated that staff prepared a plan in February, 1991
for purposes of public input and the Environmental Advisory Board
provided their recommended language in August, 1991. He remarked that
the plan was then taken to the County Attorney's office for legal
review. He indicated that the plan will be presented to the Planning
Comm~ssion on April 16th.
Commissioner Volpe advised that communications have been received
by the Florida Audubon Society which ties back to the challenge f~led
b~ them, and a reminder that the County has fallen behind on the reco-
very schedules.
It was the consensus of the Board for the Chairman to write a
letter to the Planning Commission advising that it is imperative that
·he¥ have a quorum and review the plan on April 16th due to t~me
constraints.
Environmental Services Administrator Lorenz addressed the Manatee
Protection Plan. He indicated that in July, 1991, a copy of the draft
plan was forwarded to DNR to determine their reactions, however, at
this t~me, staff has no knowledge of any adopted criteria. He
reported that DNR requires a boat transportation study which would
cost between $25,000 - $40,000. He noted that staff is working wlth
DNR with respect to specific criteria in addition to providing state
funding for the study. He related that he is uncertain as to why
is requiring these studies ~n the Collier County's plan when the
for C~trus County was approved without ~ame. He remarked that staff
has requested that the plan be approved, with the study to follow irt
2993 or [994.
000 122
Page 28
April ?, 1992
It was the consensus of the Board for staff to collect preliminary
data and draft a letter for the Chairman's signature to pursue the
Governor, Cabinet and DNR to approve the plan with the boat transpor-
tation study to be forwarded at a later date, pending possible funding
from the State.
Acting Parks and Recreation Director Smith advised that construc-
tion has started on the Vanderbllt Beach access. He noted that
pilings have been installed for the dune crossover. He remarked that
sea oats will be planted around April 1§th. He reported that plan:s
for the landscaping of the turnaround have been submitted and
construction should take approximately 45 days after the permit has
been obtained. He explained that the Off,ce of Capital Projects
Management is looking into the cost of constructing bathroom facili-
ties in the parking lot.
In response to Commissioner Volpe, County Manager Dorrill stated
that current priorities with respect to beach improvements include the
expansion at Lely Barefoot Beach, turnaround ~mprovements and dune
crossover at Vanderbilt Beach, and the boat ramp facility at Conklin
Point.
Co~.~issioner Volpe suggested that the Manager provide various
alternatives to be considered for increasing beach access.
County Manager Dorrill recalled that ~n past years, there has been
a dispute between the School Board and the Board of County
Comni~etoners with respect to the distribution of pari-mutuel racll~g
funds. He indicated that Representative Hawkins sponsored a bill ~o
provide that all the pari-mutuel funds would be accrued to benefit the
School Board. He announced that the County has two outstanding bond
issues totaling $§.§ million and the County Is required to pay debt
service until the year 2003.
Mr. Dorrill explained that the School Board is of the impression
Page 29
April 7, 1992
that there As 8114,000 available, however, the contention of the
Clerk's Office is that there are not e);cess funds available given the
debt service reserves and the lump sum payments that have to be main-
reined. He alerted the Commission that this issue will be discussed
at the next Joint City/County/School Board Meeting.
Finance Director Yonkosky addressed the two bond issues: one of
which is a note in the form of a bond issue that helped finance the
construction of the boardwalk at Clam Pass and pari-mutuel funds were
used as the revenue source for same. I{e indicated that the interest
payments are variable based on a percentage of prime and a balloon
payment is due in the amount of $380,000 in 1996. He reported that
the other bond issue will be there for some time. He revealed that
the School Board has requested that the County take the money that has
been set aside to meet the balloon payment and pay them the $114,000
this year and a different amount over the next several years until the
balloon payment is actually made. He indicated that as an alter-
native, the Commission could continue to keep that money and pay off
the balloon payment three years earlier and then begin making payments
to the School Board. He advised that the overall effect to benefit
the taxpayers of Collier County which would result in a savings of
'$47,000 w~uld be to hold the money, and make the payment in 1993 to
pay off the balloon earlier.
Mr. Steve Fain, Director of Finance, Collier County Public
Schools, stated that the cash flow generated by the pari-mutuel funds
is more than sufficient to retire the debt on an annualized basis each
year, noting that there is approximately $20,000 left over each year
other than interest. He indicated that 'the fund balance that has been
accumulated in the race track fund over the past three years has grown
from $6~,757 to $690,856. He related that the most recent financial
report indicates the fund balance at $774,323. ~e reported that the
combination of the debt service reserve on the 1973 bond issue plu~
the reserve required on the 10 year' note which is due in 199~ is
approximately $703,000. ~e declared that on October 1st, the County
Page 30
April 7, 1992
could have distributed, with no risk of loss or the ablltty to pal, off
the future balloon, $70,000. He cited that any excess money during
this year could also be distributed. He disclosed that the School
Board included the $114,000 into its budget this year. He revealed if
the School Board could generate the $114,000 this year and $80,000 in
future years on a cash flow basis rather than the County stockpiling
the money for the School Board's future benefit, there is the possibi-
lity that two teachers positions could be saved. He advised that he
has invoiced the County for this money.
Commissioner Volpe suggested that consideration be given to
assisting the School Board in this regard.
The consensus of the Commission was that the County Manager and
the County Attorney prepare and present a proposal with respect to
payment of the invoice to the School Board.
A disc~ussion ensued with regard to the Commission's summer/winte~
recess. It was determined that no regular meetings would be held
during the weeks of July 7, July 14, August 25 and December 29, 1992.
*$* Co~immtoner Shanahan moved, seconded by Co~mtselonar
~n4 C~ZTi~ 5/0, tl~t the followtn~ items under the consent agenda
be ~ and/or adopted:
TH~ FINAL FLAT O~ 'WOOD SUBDIVISION' AUTHORIZED FOR RECORDING
TI~ ~ lw. dkT OF 'BKI~IUDA GREENS, TRACT F' AUTHORIZED FOR RECORDING
TH~ FiliAL FLAT OF 'I~/CHEL°S ESTATES' AIFTHORIZED FOR RECORDING
RE~OLUTIOII 92-203 PROVIDING FOR ASSESSI~ENT OF LIEN FOR THE COST OF
O~ PUBLIC NUISANCE ON A PARCEL WITHIN NAPLES GROVE AND TRUCK
LITTLE FARMS N0. 2, PANSY WALKER, LI~ ESTATE, SARA N.
NAItGARNT J. JAMES, CATHERINI~ Y. KNAPP, DORRIS M. MCMILLAN AND
See Pages
I~OLUTION 92-204 PROVIDING FOR ASSESSNENT OF LIEN FOR THE COST OF
AB&~ OF PUBLIC NUISANCE 0~ LOT 10, BLOCK 270, GOLDEN GATE, UNZT
Page 31
Apr1! ?, 1992
RESOLUTIOll 92-205 FROVIDING FOR AS!;E$SI(KIIT OF LIKll FOR THE COST
JLB&TB~IIT O1~ PUBLIC NUISANCE ON LOT 41, BLOCK 371 OF MARCO BEACH
AUDIO DE 3ESUS AND GONZALES RA)IIRKZ
It~ ~J. ~A44
See Pages
R~OLUTION 92-206 PROVIDING FOR ASSES~T OF LIEN FOR THE COST OF
JLBATII~I~ OF PUBLIC NUISANCE ON LO~ ~[ZRTK~ ~ ~~ (13 & 14)
~ B~ "B' OF 3~g P~ S~DIVISZOR, O. L. ~ LUCILE E.
Pages
RI~OMrT/OJl 92-20? PROVIDING FOR ASSESSPJI~T OF LIK]( FOR TH~ COST OF
ABATBI~IrTO~ PUBLIC NUISANCE ON LOTB ? ART) 8, BLOCK 2 OF THE rJtED
~D~3IB S~BD/V~SION, JUNIOR LKK RILKY KSTATK
Item J16A4g
RESOLUTIOff 92-209 ~OVIDIRG ~R ~SKS~ OF LI~ ~R ~ CO~ OF
~~ Or ~IC ~IS~CK IR ~~T 1S~ ~D LOT 26~ I~O~K]~
~I~D ~I~S, INC.,
Item #lSA4h
P.~SOZa~os o2-22o PROVIDIN~ FOR ASSESS~X~T OF ~-I~X FOR TH~ COST or
ABATIB~ilT OF I~TBLIC NUISANCE O1~ LOT ~0, BLOCK 7, ~RIT 7, NAPLES J4AR~R,
ABA~II~IIT O~ IRZ~,IC NUISANCE ON LOT 10, BLOC[ 319, NARCO BEACH
13, RXC3EAI~DW, FZKLD
See Pages
Page 32
April 7, 1992
RESOLUTX~ 92-212 PROVIDINO FOR &SSES~iENY OF LIEN FOR TH~ COST OF
ABATBMII~ OF IN2BLIC NUISANCE ON A PARCEL OF LAND IN SECTION 36,
TOJ~MB~IP 46 SOq~I'H, RANGE 28 EAST, ~KSU~ AYALA A~D AI~DRKS DE LA ROSA,
JR.
It~el~&4k
RI:DOLUTXOM 62-21S PROVIDING FOR ASSES~X1TJ OF LIEN FOR THE COST OF
AB~~ OF P~BLIC NUISANCE ON A PARCEL OF LAND IN SECTION 16,
T~I~SJBIXP 50 SO~TH, RANGE 26 EAST, MILL/AM E. AND JUANZTA A. JUqR&~T
11~ L~TTER OF CREDIT ACCEPTED AS SECURITY FOR LANDSCAPING FOR
SITH D~LOFMERT FLAN NO. 90-261A, "NATERPAI~K PLACE", LOCATED IN
~T/O~ 4, T~MN~BXP 49 SOUTH, R&NGE 25 ~ILqT
It~ d~l 6&6
RESOLUTX~ 02-234 ~IqAIFTIHG PRELIMINARY ACCEPTANCE OF THE ROADWAY,
~, MITER AND SKWKR IMPI~0~ FOR "QUAIL CREEK VILLAGE, PHASE
1114' - WITH STIPULATIONS
Accept the Irrevocable Letter of Credit as security for main-
tenance of the infrastructure until the Board of County
Commissioners grants final acceptance of all improvements.
Preliminary acceptance of improvements will not become effec-
tive until water and sewer facilities have been conveyed to
Collier County Water-Sewer District.
MAT~ F~I~LXTX~ ACCEPTED FOR SAM tS NHOLE:SALE CLUB - MIT~ STIPULATION~
The water facilities to serve the project cannot be placed
into service and no Certificate of Occupancy shall be issued
until the Florida Department of Environmental Regulation fur-
ntshes a letter authorizing the placement of the sewer system
into service and approving the water distribution system for
service.
Bacteriological testing has met the Caunty'e requirements.
The Fire Flow requirements of the project have been
satisfied, and the Fire District furnishes a letter accepting
the fire hydrant for ownership and maintenance.
Receipt of payment of water usage from Utilities for bac-
teriological testing.
That the Board of County Comslsstoners accept as surety the
Utilities Performance Bond in the amount of $557.00.
April ?, 1992
~ee Pages
The water and sewer facilities to serve the project cannot be
placed into service and no Certificate of occupancy shall be
issued until the Florida Department of Environmental
Regulation furnishes a letter authorizing the placement of
these systems into service, and;
Bacteriological testing has met the County's requirements,
and;
The Fire Flow requirements of the project have been
satisfied, and the F/re District furnishes a letter accepting
the fire hydrant for ownership and maintenance.
o. Book / 7~ Pag,,./_/. a - a o~
Xtel#lUlO
R~OLUTXOM 92-216 GRANTING FINAL ACCEPT~ICE AND RELEASING THE
MAXN'A'B31AIIrf~I SEC~TRITYFOR THE ROJI/)WAY, DRAINAGE, WATER AND SKMKR
IM~ROV~M~3IT~ FOR THE FINAL PLATS OF "QUEllS PARK AT LAGO VKRDI, PHASKS
X, II, AII~ FX"
See Page
,. Item ~16All mov~ to #813
LAND ACCKPTKD FOR ROAD AND DRAINAGE FUR.POSES
OF THE RKQUIREMKIFF OF SDP-gl-84 (SAM'S WHOLESALE CLUB)
See Pages
Xtem ~A~D1 ~ to ~8D4
~. XtOB ~1~ klete~
Xtem~X6DOmovod to ~8D5
'/ ~~ ~ ~RO~~ ~TXON ~R C~AIN I~~ ~ BE
Page 34
April 7, 1992
See Pages
BXD '92--1B40 ~NARD~D TO SEWELL DOOR C0~ROL ~ G~SS
I~~TI~ OF ~IC~ ACCESSIBLE A~0~TIC ELEC~IC
~ILDI~ ~F~ ~ ~C-1~ - IN ~ ~ OF 813,383
A NE~ ~ A~ BETWEEN COLLIER COUNTY, A POLITICAL SUBDIVISION
OF T~ ~TATE OF FLORIDA, AND RICHARD B. LAN~DALE, FOR THE CONTINUED
UTILIZATION OF OFFICE SPACE BY THE EMERGENCY SERVICES DIVISION
BID PROCESS NAIVED AND TM SOLE SOURCE PURCHASE 0~. THE
eelrTJlOL F, XFIPAX 10 CARDIAC MONITOR/DKFIBRILLATOR AND ~(ELATED
~ O~w ~ THE PARAMIIDICS OF TITE EMERGENCY MwDICAL SENVICl~S
~ TO PHYSIO CONTROL CORPORATION - IN THE JU~OUNT OF
FOR S~N~ICES RENDERED TO DISTRICT ORE FIRE M~T~
CO~TIIA~TPAItTXCXPA]ITS
R~O~TION 92-217 AUTHORIZING EXECUTION M~D ACCEPTANCE OF AN AGREEMENT
TH~ FLORIDA DEPARTMENT OF CO~qUNITY AFFAIRS AND COLLIER COURTY
CERTAIN ~M~3tGENCY MANAG~NT RELATHD ACTIVITIES
See Pages
Page 35
April 7, 1992
t
CKRTXF/C&TKS OIP ~CTION TO THE TAX RO~LS AS PRKSL'HTKD BY THE
1991 TAX ROLL
ilo, Data
168/169
03/26/92-03/30/92
1991 TANGIBLE PERSONAL PROPERTY
1991-82/1991-85
IteU#IS,TI
~ ~1 ~ ]N~ II~&~ MOS. 66861A]FD 75018
03/31/92-04/03/92
Itm#l~$
K~TI~F&CTI~ OF LIKM FOR SERVICES OF 1~ PUBLIC DEFENDER
See Pages ~~ --o~AO
Xtmm ~16J
NI~'~[.~O~ CO~PONDENCE - FILED A~/OR ~~D
The following miscellaneous correspondence was filed and/or
referred to the various departments as indicated below:
Letter dated March 25, 1992, to Commissioner Volpe from Greg
Farmer, Secretary of Commerce, Department of Commerce,
requesting submittal of JOBS FLORIDA list. Copy to Tom
Whitecotton, and filed.
Letter dated March 25, 1992, to Chairman, BCC, fru= 3on M.
Iglehart, Environmental Specialist, Department of
Environmental Regulation, re: Collier County - WRR, File No.
112106835. Copies to Bill Lorenz, Frank Brutt, Harry Huber,
and filed.
Letter dated March 25, 1992, to Chairman, BCC, from Jon M.
Iglehart, Environmental Specialist, Department of
Environmental Regulation, re: Collier County - WRR, File No.
112106735. Copies to Bill Lorenz, Frank Brutt, Harry Huber,
and flled.
From the Department of Environmental Regulation, copy of
Joint Application for Works in the Waters of Florida,
Applicant: Board of County Commissioners, re: Hideaway
Beach. Original to Jerry Neal, copies to Bill Lorenz, Frank
Brutt, and filed.
Dated March 20, 1992, from the Department of Environmental
Regulation, Notices of Pu.blic Workshops, Public Meetings and
Field Review. Copies to Bill Lorenz, Frank Brutt, and filed.
Page 36
11.
12.
13.
April 7, 1992
Copy to Collier County of letter dated March 24, 1992, to
Brett D. Moore, P.E., Vice President, Humtston and Moore
Engineers, from Tony D. McNeal, Engineer, Bureau of Coastal
Engineering and Regulation, Department of Natural Resources,
re: Notice to Proceed, Permit Number: C0-362; Permittee
Name: Westinghouse Communities of Naples, Inc. Copies to
Frank Brutt, Bill Lorenz, and filed.
Copy to Collier County of letter dated March 24, 1992, to
John D. Remington, President, A. Vernon Allen Builders, Inc.,
from Tony D. McNeal, Engineer, Bureau of Coastal Engineering
and Regulation, Department of Natural Resources, re: Notice
to Proceed, Modification Permit Number: CO-326 M1; Permtttee
Name: Douglas and Mercy Bathey. Copies to Frank Brutt, BIll
Lorenz, and flied.
Copy to Chairman, BCC, of letter dated March 23, 1992,
Nell Dorrill, County Manager, from Wayne L. Schiefelbein with
Gatlin, Woods, Carlson & Cowdery, Attorneys at Law, re:
Application of Florida Cities Water Company - Golden Gate
Division, for an increase Jn water and wastewater rates in
Collier County; Docket No. 911194-WS. Copies to BCC, Mike
Arnold, and filed.
Minutes Received and Filed:
Ae
Pelican Bay MSTU/BU Advisory Committee Agenda for April
1992, and Minutes of March 4, 1991 Meeting.
Pelican Bay MSTU/BU Advi~ory Committee Revised Agenda
for April 1, 1992.
Environmental Policy Technical Advisory Board Minutes of
March 9, 1992, Meeting.
Golden Gate Parkway Beautification Advisory Committee
Unedited Minutes of February 11, 1992, Meeting.
Library Advisory Board Minutes of February 27, 1992,
Meeting.
Collier County Planning Commission Agenda for April 2,
1992.
Notice to Owner dated March 20, 1992, to BCC from Universal
Pipe and Steel Supply, under an order given by Cabana
Construction, for 951 Water/Sewer Imp, Phase 1 & 2. Copies
to Steve Carnell, John Yonkosky, and filed.
Notice to Contractor dated March 24, 1992, to BCC from Sewer
Viewer, Inc., under an order given by Yahl Underground, to
clean, repair and inspect sanitary sewer lines at South
Naples Waste Collection Control #3. Copies to Steve Carnell,
John Yonkosk¥, and filed.
Notice to Nonpayment dated March 24, 1992, to BCC from Sewer
Viewer, Inc., under an order given by Yahl Underground, to
clean, repair and inspect sanitary sewer lines at South
Naples Waste Collection Control #3. Copies to Steve Carnell,
John Yonkosky, and filed.
Notice to Owner dated March 23, 1992, to BCC from Ferguson
Enterprises, Inc., under an order given by Great Monument
Construction Co., for pipe, valves, fittings and plumbing
materials for the North County Regional Water Treatment
Plant, Contract #2. Copies to Steve Carnell, John Yonkosk¥,
and filed.
Page 37
April 7, ~992
14.
Notice to Owner dated March 24, 1992, to BCC from Bonita
Limestone Trans, Inc., under an order' given by Florida State
Underground, Inc., for materials, dump truck and equipment
services, for 95! Water/Sewer Improvement, Phase I & II.
Copies to Steve Camel10 John Yonkosky, and filed.
15.
Notice to Owner dated March 25, 1992, to BCC from Highway
Valets, Inc., under an order given by Harper Bros., for
reflective pavement markers, thermoplastic striping for
Goodlette-Frank Road. Copies to Steve Carnell, John
Yonkosky, and filed.
16.
Notice to Owner dated March 26, 1992, to Collier County from
Rae's Sod Company, under an order given by Sunny Grove
Landscape, for sod delivery and installation for East Naples
Fire & Rescue. It was the consensus to accept the report
as presented in the agenda package.
17.
Receipt issued March 25, 1992, from the District Court of
Appeal, Second District, re: Case No. 92-00682. Copy to Ken
Cuyler, and filed.
18.
Letter dated March 26, 1992, to BCC from James H. Stesky,
Siesky and Lehman, P.A., Attorneys at Law, re: Notices to
the School Board of Collier County to connect to Collier
County Sewer Facilities and Notice of Sewer Impact Fee
Statement. Copy to Mike Arnold, and filed.
19.
Dated March 27, 1992, Motion for Costs re: Case No.
91-1789-CF-A-TB, Criminal Action in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County,
Florida. 0rigina] to Ken Cuyler, and copy fi/ed.
BOARD OF OOONTY COMMISSIONERS TO SERV~ AS THE LOCAL COORDI~IATING UNIT
OF ~ IN THE STATE OF FLORIDA'S DEPARTMENT OF C~UNITY
AFFAIR~' ANTI-DRUG ABUSE ACT FORMULA GRANT PROGRAM
See Page
J. /
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 4:30 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
rCHAE . OLPE,
CHAIRMAN
as presented '
ss approV, ed by the Board on
:
'.~"'~ or as corrected
Page 38