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BCC Minutes 03/31/1992 RNaples, Florida, March 31, 1992 LET IT BE REMEMBERED, that the Board of County Commissioners in 8/~d 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 R~OULAR SZSSION in Building #F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: (Arrived 1:20 P.M.) Michael J. Volpe Richard S. Shanahan Burr L. Saunders Max A. Hasse, Jr. Particle A. Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Ellis Hoffman, Annette Guevln, Kathy Meyers and Debby Farrts, Deputy Clerks; Nell Dorrtll, County Manager; Jennifer Pike, Assistant to the County Manager; Ken Cuyler, County Attorney; David Weigel, Dennis Cronin and Richard Yovanovlch, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Leo Ochs, Administrative Services Administrator; Tom Olliff, Public Services Administrator; Mike Arnold, Utilities Administrator; Fred Bloetscher, Assistant Utilities Administrator; Frank Brutt, Community Development Services Administrator; Tom Conrecode, Office of Capital Pro~ecta Management D/rector; Russ Muller, Transportation Project Management Engineer; Murdo Smith, Acting Parks and Recreation Director; Sue Filson, Administrative Assistant to the Board; and Deputy Byron Tomltnson, Sherlff's Office. Page 't March 31, 1992 eeeco~-lamioner Goodnight absent at this ti~e, as reflected t./ 4/0 votes''' lt~EI~A- APPROVED NITH CHANGES ¢o~aisstoner Shanahan ~oved, seconded by ¢o--tsatonsr Hesse and c~-rl~ 4/0, that the agsnd& b~ approved with the char~sa detailed on the A~ Chan~ Sheet. Page 2 March 31, 1992 ~OMM~ND&TION TO &IX)PT ORDINANCE PROVIDING AR EX~I~ION TO CLAM FOR ~ ~E, CO~ZON OR ~SS~SSION OF ~COHOLZC B~GE8 ~T TO ~0~ ~ TO ~ C~ P~S P~ CONCESSION A~ - D~XED; ~T~0N OY 11/19/91 ~SCX~ED; ST~ T0 CO~ ~ ~ ~ ~ STA~S 0~ ~L~ ~ B~NG ~0~SED This item was discussed during the changes to the agenda. Commissioner Saunders announced that he received a call from Mr. Popper of the Registry Resort requesting that this item be withdrawn. Chairman Volpe recalled that the motion of November 19, 1991, made }~i: by Commissioner Saunders and seconded by Commissioner Shanahan was a nine part motion setting forth various requirements that the Concession Agreement be extended for five years. Commissioner Smundere ~oved, seconded by Commissioner Shanahan to the N~venber 19, 1991 ~otton, with regard to the Registry In response to Commissioner Volpe0 County Manager Dorrtll advised that the provision of potable water at the park has been an outstanding condition since the park was originally opened. He stated that the City Council will address this issue at their regular meeting if tomorrow. Public Services Administrator Olltff affirmed that the previous agreement that the County had with the Association of Unit Owners was a ~0-50 split on the cost of construction of the water line'. Commtemtoner Saundere ~mendmd his notion to include direction to staff to co~e b~ck in two weeks with an update relative to the status o£ the proposed utility work. Commissioner Shanahan concurred with the ~end~ent. Upon call for the question, the ~otton carried 4/0. Item#3B CON~{T AGEBDA - APPROVED AND/OR ADOPTED The ~otlon for approval of the Conaent Agenda le noted under Item Xtl~ ~A P~OcL~M~TION DESIGNATING MARC~ 29 - APRIL 4, Z992, A~ MARCH OF DIMES March 31, 1992 Upon reading of the proclamation, Couleeloner Saundere ~ovld, leconded by Co~oe~oner Huee and carried 4/0, that the Proc~mtton del~g~lt~ng March 29 - Apr~/ 4, 1992, &l March of DIMs #alka~erJca Rues Muller, ?ra~sporta~on ~ro~ect Management ~eer, accepte~ the proclamation and ~nvtted the public to participate In the 30 mt~e walk on April 4th with the Collier County employees. Pa~e ~ March 31, 1992 Employee Service Awards were presented to the following employees: Jan Bennett, Agriculture - 1§ years Ervin M. Collins, Road & Bridge - 10 years Xte~#~C PROCLAMATXON DESXGNATXNG APRXL 3, 4, ALIT) 5, 1992, AS NAPLES BEA.FOOD , Upon reading of the proclamation, Coniasloner Shanahan saved, ~ I~ Comm/oatoner Kuoe and carried 4/0, that the Proclamation de~l~tt~l&prtl 3, 4, and 5, 1992, u Naples Seafood Festival Conissioner Shanahan presented the Proclamation to Mr. Frank Woodward, Chairman, Naples Seafood Festival Page 5 March 31, 1992 ~Xteme e~&X & 6A2 ~ ~ AM~NDME]ITS 92-195/198; 92-202; 92-205 AND 92-208 - ADOPTED Ckall.t~eioner Haeee loved, seconded by ConnleaAoner Shanahan and 4/0 that Budget Auend~ente 92-195/198; 92-202; 92-205 and 92-20S be ad. ted. JAN HADOCE AND ELLXH CANTOR REPRESENTING THE ISLES OF CAPRI CIVIC AS~OGXATXON RE~MtDXN0 BEACH PAREINO AT SNALLOW AVENUE AND SOUTH COLLI~]t BLVD. - COUNTY ATTOKN~Y TO COM~ BACK IN TNO NEEES NITH ADDITXO~J~ METHODS TO ACQUIR~ PARKING LOT FOR THE GENERAL PUBLIC County Attorney Cuyler advised that last week he was directed by the Commission to present a two part evaluation with respect to beach parking at Swallow Avenue and South Collier Boulevard. County Attorney Cuyler explained that the first part of the eva- luation is whether the parties are wi/ling to negotiate or discuss this matter. He indicated that he has received a letter from the Marco Island Civic Association (MICA), stating they have certain rights acquired through the PUD and they are unwilling to change their 'position. In addition, he remarked that he is in receipt of a letter from the attorney representing the Isles of Capri Civic Association. Mr. Cuyler remarked that the second part of the evaluation is whether a third party has the right or may acquire rights under a PUD Ordinance. He affirmed that he was unable to find any research rela- tive to this point, but noted that his opinion, under the circumstan- ces As there is a very good likelihood that MICA can acquire rights under the PUD. He announced that unlike a normal third party situation where the third party may not be specifically named, there ia a specific provision in this case for the deeding of a parcel of property to the Marco Island CivAc Association. He related that the provision states that the developer will do certain things and certain rights will accrue to MICA. He declared that he believes that MICA lay have a cause of action against the County if these rights are taken away. Page 6 March 31, 1992 ,: In response to Commissioner Volpe, County Attorney Cuyler stated ~,'~ If the naJority of the Commission desires to reconsider the PUD, a ,' ' petition to amend the PUD Ordinance would be presented and it would require four votes to change any provision of same. Commissioner Saunders recalled when the arrangement was initially approved for the transfer of the land for a parking lot and changed the PUD, one of the major concerns expressed was that there was an easement for access to the beach and It was specifically stated that there could not be any pub/lc parking lot attached to or in the ntt¥ of the easement, and if there was, the easement would revert back to the owner and there would be a parking lot with no access to the beach. Ha questioned whether the history of Intent by the property owner not to have a public lot would complicate the legal analysis of this matter. Mr. Cuyler replied that th~s did complicate his analy- sis in addition to the fact that the reverter would be removed. The following persons spoke regarding this Nancy DeVolder George Keller George Carse MarJorie Ward Harry Cowtn Charlotte Westman Douglas Herbst Commissioner Volpe remarked that this ts an opportunity to acquire another beach access point for all the residents of Collier Cotlnt¥. He indicated that he would like to see staff bring before the Board an opportunity to acquire this additional beach access for all the members of the pub/lc. County Attorney Cuyler suggested that the Commission may wish to continue this item for a week or two, so that he could evaluate the Fulftcations of amending the ordinance. Commissioner Saunders remarked that he feels that the County Attorney should meet with the Interested parties and report back in writing with respect to the County's options. He ~ndicated that this ~s an Issue that could result in mil/ions of dollars in potential liability. He pointed out that the entire Comm~ssion has taken a strong stand on opening up parking lots and access to the beach. Page 7 " te addittomal aethod~ tn &cqutrtng the parking lot for the general ~ ~.. ~bllc. County Attorney Cuyler affirmed that he will coordinate with the !'~ parties and will present his legal research to the Board in two '~*' weeks. He indicated if things remain as they are now, the reverter clause ts removed at the time the property is deeded to MICA. call for the question, the motion carried 3/1 (Coutmstoner Volpa ~). ese Recmoeed: 10:35 A.M. - Reconvened: 10:40 A.M. at which tl~e Dep~t~ Clerk Ou~vtn rsplaced Deputy Clerk Noff~an ese Xte~ ~TA1 FACILITIES AT TIG~RTAXL B~ACH Tom 011iff, Public Services Administrator, commented there are a total of 189 parking spaces at Ttgertall Beach, with only 39 paved. He explained the County was not allowed permits to install impervious materials, adding it took three years to obtain permits for the limited parking available because of the wetlands nature of the area. He said the County was told at that time that it would be very dif- ficult to expand the parking lot, however, there are small upland areas that may be explored. He asked to reserve the right to bring back to the Board status reports that will Indicate what difficulties or what concessions the State environmental regulators are looking for from the County In return for an ability to expand the parking lot. Coauatssloner Shanahan said a way must be found to expand the parking lot. He encouraged the Board to direct Mr. Olllff to explore what can be done as quickly as possible. Gil Mueller said he Is a resident of Marco Island, has served on the Collier County Parks & Recreation Advisory Board and has been involved for 12 years tn various battles concerning Tigertail Beach. He concurred that the request to expand parking at TigertaI1 Beach in the early 1980'a took three years to accomplish. He said it Is tnevi- Page 8 March 31, 1992 table that expansion must occur and should have been done in the ' Rtd-1980's. He remarked cars start circulating the neighborhood at 11:00 A.M. looking for places to park, and Greyhound buses are attempting to park on vacant property. He indicated he is very con- corned that by the time all the hurdles are cleared, it will be years before the expansion ts accomplished. Co~to81oner Shanahan moved, seconded by Commissioner ~ :~ ~t ~. Oll~ff to ~lately ~l~e the ~k~ng n~, will ~ ts ~ ~d ~t kind of Mr. ~eller stressed the Importance the parking lot tn order to m~tmtze the amount of spaces. Co~tsstoner Volpe suggested that the possibility cf utilizing bed t~ ~ontes for the expansion be explored, since approximately 80~ those using Ttgertatl Beach are tourists. ~ call for the ~estlon, the ~tton cvrt~ CO~ZON OR ~SS~S~ZON OF ~OHOLZC ~I~ ~ TO ~ KS~ AG~~ BE~ ~ CO~ ~ AUO; ~ ~S ~ ~ B~ ACCESS FACILITIES A~~ ~ C~ P~S P~ ~SION A~ - D~IED Legal notice having been published in the Naples Daily News on March 12, 1992, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened to consider an Ordinance pro- viding an exemption to Clam Pass Park for the sale, consumption or possession of alcoholic beverages under certain cbndittons; a new agreement which will supersede the Third Amendment to the Escrow Agreement between Collier County and Association of Unit Owners; an Amendment to the 1980 Beach Access Facilities Agreement; and an Amendment to the Clam Pass Park Concession Agreement. Commissioner Saunders commented the original resolution that was the basis for thio item has been rescinded by the Board. He referred to the audience, stating his assumption that they are all in oppost- Page 9 March 31, 1992 George Keller ~arbara Boys Rodkey Craighead David Bennett Bill Branan tion to this proposal. He suggested it would be appropriate to make a motion to reject the ordinance for purposes of discussion amongst the ~ubltc. Commissioner Volpe asked all those in the Board Room in favor of rejecting the proposed ordinance to stand. He asked that the record reflect the majority of people tn the room were standing. There were no persons indicating opposition to rejecting the ordinance. The fo/lowing people spoke against the proposal, stating there should be no private activity allowed that will interfere with the public use of the beach; petitions have been signed by 1,178 people in opposition; concern with the possibility that a sewer line will extend through the dunes to the concession area, and no sa~es of alcoholic beverages should be allowed at any County parks: Emily Maggio Betty Gulacslk Greg Good Frances Barsh John Keschl advised the Board of his opinion regarding represen- tation for all residents in Collier County. ~Ami~ner Shanahan ~oved, seconded by Co~mismioner Huse and carried l/O, to close the public hearing. Cc~tesioner Saunders ~oved, seconded by Commissioner Shanahan carried 4/0, to d~ny the proposed a~nd~ent to the ordinance. sas Recesaed: 11:08 A.M. - Reconvensd: 11:18 A.M. lta~TB ~X~HD C. ~ KKPP~SENTING LA PENINSULA KEQUESTING BUILDING PERMIT · XTE~ION - ONE ~EA~EXTENSION ~ANTED Attorney Richard Grant advised he is representing Louis J. Tlmchak, Jr., who is a court agpointed receiver for the La Peninsula project on the Isle of Capri. He explained five buildings out of a total of nine have been constructed, specifically, Buildings l, 2, 3, 5 and 6. He said Building 400 is close to completion, Building 700 has been topped out and Buildings 800 and 900 have not been started. He said the request to extend four building permits concern those rJO0,, iS' Page 10 March 31, 1992 buildings. He indicated the La Peninsula project was financed by a Savings and Loan Association in Arizona who commenced a foreclosure ~utte when the loan went into default In the Fall of 1988. He said the suite ia still pending close to four years later. He reported Mr. Timchak was appointed as a receiver with limited authority and permits were Issued with the expectation that the project would move along, however, that did not happen. He mentioned the permits were extended once before in March, 1991, and he is asking for an addi- tional extension for one year. Commissioner Shanahan asked if there are any plans to go forward w~th construction before the litigation ie finalized? He said the buildings are a disgrace and worsening every day. Attorney Grant responded his client has been attempting to get the Court to give him the authority to finish the project, and the lending institution is amenable to his doing so. The problem, he said, is the owner has resisted that effort, therefore, the Court has been reluc- tant to give that authority due to the pending litigation. Commissioner Volpe communicated an issue that needs to be resolved ~s whether the drawings for these buildings now comply with the new Southern building codes. He said as a condition to extensions, the Board has required modifications be made to come into compliance. He aa~d another issue ts that building permits were pulled and impact fees paid two years ago on this project. He advised another condition of extension will be to pay whatever the increase is in impact fees. Attorney Grant remarked two of the building perm/ts pertain to buildings not yet begun and in terms of changing the design to accom- modate changes in the code, he assumes that will not be a problem. However, he said, one building is very close to being finished, and he ia concerned that the requirement to conform to any changes in the code may require substantial retrofitting. He asked the Board to con- aider not p/acing that requirement on the two buildings currently under construction. In response to Commissioner Volpe. Community Development Services March 31, 1992 A~hainistrator Frank Brutt replied the project must follow the han- dicapped code as it is in existence. He explained there are criteria relative to buildings under construction and buildings almost completed. He indicated the buildings must satisfy the code as it is in existence this date. Co~uaisstoner Shanahan asked Mr. Brutt for his opinion on the tion. Mr. Brutt stated his recommendation is to allow a one year exten- sion. He said it would be preferable to allow the buildings to be completed, rather than tear them down. Commissioner Shanahan suggested the Board grant the one year extension and stressed that another extension should not be con- midered. C~AmA~F Shanahan ~.,v=,d, meconded by Counismioner Ha~ae and C~lTie~ 4/0, tO grant a one year extension, not to be reconsidered · gaA~, ~d i~%~act fees and b~ltlding code require~entm in existence at ~ t]~ Of c~n~trnction ~u~t be UPDA~ O~ ~ATER LIN~ TO SERVICE CLAM PASS PARE iT Tom Olliff, Public Services Administrator, advised the Board that the engineer from Wilson, Miller, Barton & Peek, Inc., is in atten- dance to answer any questions from the Board. He recalled the water line was contemplated as part of this project at its inception. He said several different ways have been investigated to get water and power down to the end of the boardwalk. He noted the issue is generally the size of the line, which is dictated by how much water is needed at the end, in terms of gallons per minute, to meet fire flow requirements. He mentioned there are several options to choose from, adding the recommendation for an eight-inch line was presented to the Board in the Summer of 1991, when the Board granted a Costal Construction Setback Line variance for this construction project. He said that option was chosen because it is in the long and short term, Page 12 March 3~, ~992 :the most cost effective way to get water to that area. Re cautioned against making a decision about this particular water line in a way that would restrict any future proposals of the Registry Resort. He indicated this decision is completely different from anything the Association of Unit O~ners ever proposed. He said the proposed eight- inch line must be tied into the closest water available, which is through the City of Naples. He advised the City Council is scheduled for a second public hearing on an ordinance which would allow an /nter-connection between the County's Clam Pass Boardwalk water line ARd the City's water syst¢.m. He indicated his expectation of approval from the City. Commissioner Volpe inquired if the size of the pipe is what is required to service the existing facility and any contemplated add/- .<,. t/on to the Clam Pass Park? M/ks Kennedy with Wi/son, Miller, Barton & Peek, Inc., responded AR eight-inch line has been the requirement since 1987. Ne mentioned the Registry issue is entirely separate and never came into con- 8iderat ion. County Manager Dorrill mentioned discussion has taken place that the fire flows can be accomplished through some other means. He said the North Naples Fire District has indicated some type of storage tank facility with a fire pump may be considered. He asked if that possi- bility was part of the original preliminary engineering and if so, was the s/ze of a storage tank facility and fire pump as well as an electric line Investigated? Mr. Ker~nedy recalled that was considered as one of the three options Investigated in 1988, and it was decided to choose the larger line /n order that no operation or maintenance expenses would be /ncurred for a booster pump. Co~mtssioner Volpe asked if this project is fully funded to handle the construction if the City Council approves the proposal? Mr. Olliff responded one-half the funds are budgeted tn the Parks & Recreation Improvement Fund, and $?5,000 is in escrow from the Page 13 March 31, 1992 of the hotel. )~"' County Manager Dorrill remarked he is not confident the City Council will approve this proposal. He mentioned a petition has been filed against the County's construction permit and, in his opinion, the opportunity to construct a potable water line this year is remote. Ne communicated the contract has been bid and final deadline for completion of construction is May let. He reiterated as a result of the delay on the part of the City in processing the request as well as not knowing the nature of the complaint against the extension, the County may not be able to complete the project this year. Answering Commissioner Volpe, Assistant County Attorney Cronin stated the easement acquired from the Naples Cay specifically excludes sewer in this area. He said the easement is for water, telephone and electric utility only. Commissioner Volpe commented there is no way, then, of getting a sewer line to Clam Pass Park. He indicated Wilson, Miller, Barton & Peek, Inc. has not done an assessment of the septic system recently. He said he has seen reports that suggest that there may be modifica- tions needed on the septic system. He asked if Staff has investigated that situation? Tom Conrecode, Capital Projects Management Director, replied Staff has looked into the issue. He said there will be a problem if a restaurant is built in that area because the current facility will not ~upport a restaurant of any size. BAll Branan, representing the Conservancy, recalled Resolution 91-2 requires that an alternative study be done and that the peti- tioner come back to the Board of County Commissioners with an economic alternative study, both of the dune system and of the boardwalk ~stem. He said it also directed the petitioner to seek permits for both routes. He remarked to his know/edge, the petitioner has not completed those requirements. He added it seems a decision is being made without the requested and necessary information. Mr. Kennedy stated during the Coastal Construction Line Variance Page ! 4 March 31, 1992 i~i'hearing, tt was determined to proceed with the beach route, which was the same determination made in 1986. Barbara Bova remarked if a restaurant is not going to be con- sidered, there is no reason to make any changes. She reported asking the Fire Marshal if there is a cheaper way to accomplish the task without destroying the dunes and the conclusion was the need for a pressurized water tank with a pump and an electric line. She said the County would save much money if common sense is used. Commissioner Seunders asked if the County is required to permit construction of a third pod by the Registry? Assistant County Attorney Weigel explained the third pod ts a requirement specifically recognized in the third and fourth amendments to the 1983 Beach Access Facilities Agreement. He said the Registry interests, the Association of Unit Owners, is responsible for one-half the cost of water line as well as responsibility for the full cost of constructing a third pod. He said In 1988, they placed $[§O,000 in an escrow account held by the County, $75,000 of which is earmarked as security for the third pod construction. He remarked the escrow agreement has been amended twice, purely ~n terms of extending the time beyond the original two year agreement. He said if the escrow agreement which will expire on April 30, 1992, is not renewed, the $150,000 and all accumulated interest will revert to the County for its own purposes whatsoever. Co~missioner Saunders asked if the County is in breech of the agreement by failing to permit construction of needed facilities for the pod, to which Assistant County Attorney Weigel responded in the ii, negative. Commissioner Volpe questioned if Staff is planning to bring back to the Board a proposed amendment to the agreement to extend the time for an additional year for construction of the third pod? Assistant County Attorney Weigel indicated that is the intent, because it maintains the status quo, interest continues to build and the obligations remain intact that the Registry be responsible for Page [5 March 31, 1992 ;~construction of the third pod or pay the money in its place, aa well as continued responsibility for paying one-half the expenses of water and sewer. County Manager Dorrtll commented he will keep the Board advised of any developments regarding this issue. This being a discussion item, no action was required. Xte~B2 ~E~OL~TXON 92-199 RE RIGHT-OF-MAY EASEMENTS; ~ESOLUTION 92-200 RE ~ EASEMENTS; AND RESOLUTION 92-201 RE TEMPO]~A~Y CONSTRUCTION EA~ITS - FOR CONSTRUCTION OF TRANSPORTATION IMi~ROVEMENT$ TO RADIO ROAD ~ AIr, PORT ROAD TO SANTA BARBARA BOULEVARD - ADOPTED Transportation Services Administrator Archibald presented three ~- resolutions for acquiring right-of-way for the Radio Road project. He said each resolution reflects a review, study and plans that indicate . the appropriate road alignment and lane locations. He said they also address long-range planning, the need for future capacity, an analysis of environmental and water management factors, cost variables and con- sideration of public safety and welfare. He indicated the resolutions involve three different elements of the right-of-way needs. He spe- cified the first resolution concerns primarily road right-of-way, drainage and maintenance easements regarding Parcels 114, 115, 116, 117, 118, 122 and 123. He said the second resolution involves Parcels .$: 137, 138 and 139 for drainage structures with a value of $2,500. He ~' reported the third resolution deals with nine parcels needed only as construction easements to build the new lanes and new system. He said those are Parcels 204, 206, 207, 221, 225, 226, 22?, 228 and 231, with ~.,. & total value of $56,100. He commented Staff is attempting to acquire ?" these easements through gift or purchase, but if facing an impass, ~!: will proceed with condemnation action. In response to Commissioner Volpe, Transportation Services A~inistrator Archibald stated six additional easements may be necessary, which will complete the amount of parcels needed for this ~';' project. He stated, however, Staff is attempting to redesign certain :~% segments which may result in deleting the need for at least four of Page March 31, 1992 ~,the six remaining easements. ' Co,missioner Shanahan asked for a projected completion date for the Radio Road project? Transportation Services Administrator Archibald indicated Staff expects to go through the bid process in April or May, return to the Board of County Commissioners in June or July and have construction underway by August or September of this year. He said this represents a 20 month construction timetable, and the project is anticipated to :': be completed in 1994. Co~taaloner Shaz~aha~ ~oved, seconded by Coutsaloner Raasa and carried 4/0, to a~opt Resolution 92-199 authorizing the acquisition of road right-of-~ray, utility, drainage and maintenance easements by gift, purchase or condeanatton, which are necessary for the construc- t, tton az~ maintenance of tr~e~rtatton t~rove~nts on ~to Road. ' ' ~/ssl~er S~~ ~ved, seconded ~ Co~lsetoner Ruse ~d .;~.' '~:: c~1~ 4/0, to adopt Resolution 92-200 authorizing the ac~lettton of ~~ ~ts ~ gift, ~rc~e of conde~tlon, ~tch ~e ~ far t~ co~tmctton ~d Mtntemce of tr~rtatton lsqFrevwments on Radio Road between Airport Road and Santa Barbara Boulevard. Cemm/ssioner Shanahan moved, seconded by Contsetoner Huse and carried 4/0, to adopt Resolution 92-201 authorizing the acquisition of temporary construction easements by gift, purchase or condeunatlon, which are necessary for the construction of transportation improve- · wi~tm Ogl Radio Road. Page 17 Hatch 31, 1992 ]t~O~D~TT01~ TO ~PFROV~ AND EXECUTH A SUPPLE~F~TAL A~RE~ FOR COIFfrl~U~NG DISIaN, P~RMTTTING, AND RIGHT-OF-WAY SHRVICES FOR C.R. 95! FOUR L~NI~G IMPROVEmeNTS, CIE PROJECT NO. 3?, PURSUANT TO PRTOR BOARD Transportation Services Administrator Archibald referred to a current contract with Hole, Montes & Associates to perform design, permitting and preparation of construction plans and specifications for four-laning C.R. 951 between Golden Gate Boulevard and Immokalee Road. He said this Involves two projects, and the first project has been completed from a construction phase. He stated they are beglnntn~ the design phase of the second element, which ts from Golden ~ats Boulevard north to Immokalee Road. He Indicated this Item breaks the contract up into tWO phases. He noted the first phase ts to proceed with preliminary work needed to establish surveys and on-the- ~round data of the roadway and drainage facilities, establish a right- of-way map for future acquisition and tie down what the environmental permitting requirements will be. He mentioned Staff refers to this as Phase II-A. He concluded Staff's recommendation ts for the Board to  :~' · approve the supplemental agreement, and approve proceeding immediately with Phase II-A. ColeLtmmion~r Sh~ ~ovmd, amconded by Co~lsalonar H~am and C~Tled 4/0, to m~r~m the Su~le~nt~l l~Mnt with Hole, ~ntms & Page 18 '~?~ March 31, 1992 ,' ' ]~T/ON TO COIIBIDILR AND APPROVE A REPORT ON THE STATUS OF THE TA.~ ~ PILOT FROGRAM - STAFF TO CONTINUE WITH ALTERNATIVE ,1; ALTEB~ATIVES dP2 AND ,4 TO BK INVESTIGATED; AND STAFF TO ANALYZI METHOD UBKD BY LEE COUNTY Bob Fahey, Solid Waste Director, recalled the pilot program for yard waste wa8 instituted in January, 1992. He referred to Exhibit "A" attached to the Executive Summary, which identifies that the amount of yard waste collected in March averaged 172 tone per day. He said the last combined collection in December, 1991, averaged 163 tons per day. He noted, therefore, that the basis of projections made that this material constitutes roughly 10~ of waste is correct, although that figure may change as the season progresses. He mentioned having received approximately 1,100 calls from citizens, of which 242 were very specific and either requested an increase in the yard trash collection frequency, or a restoration of the abandoned once monthly garbage collection. He reported 54~ of residents put out yard waste, leaving 46~ putting out garbage only. He said Exhibit "B" is the letter sent to the Legislature requesting an amendment to the Solid Waste Act to reduce the prohibition of yard waste in a lined cell from the required 100~ to between 80-90~. He indicated that will allow the County to make its own decision as to the most cost effective or effi- cient way for Collier County to dispose of that waste. He reported if an amendment is made in the requirements, thu suggestion of Staff is to wait until that is completed to make any changes. He mentioned the cost to de-bag was underestimated, and Staff is working with the Department of Environmental Protection (DER) to provide an alter- native. He stated Exhibit "C" shows the annual increase in garbage tonnage on & monthly basis coming from res~dential units. He remarked ~f over the course of a year Staff notes that yard waste fluctuates substantially, it ~8 conceivable that certain of the collector's trucks may be allocated on a more frequent basis. He added, however, there ~s insufficient information at the present time to make any changes. He continued, stating Exhibit "D" identifies how other com- Page 19 March 31, 1992 '~,!'~nmitles have addressed the problem, and the costs they have added to provide for a separate yard waste collection. He said it also iden- tifies the total annual cost per household in those communities. He said looking at the alternatives, Staff recommends Alternative #1, which is the current program, be retained for the present time until tt is known what Legislative changes are enacted. He said Alternative · 2 is for those who may need more frequent yard waste disposal, the County can provide punch cards to allow them to take the material to the landfill or transfer stations themselves. Alternative #3, he slid, ts to meet with the franchisees and negotiate a separate rate for a once weekly yard waste collection, and Alternative #4 would be instituting a rate for people to voluntarily use an additional yard waste collection. He commented Alternative #§ suggests providing two yard waste collections per month and abandon another garbage collec- tion. He advised A~ternative #5 is the last thing he would recommend. Commissioner Volpe asked if any consideration was given to giving up one of the four recyclable collections to add an additional yard waste collection? Mr. Fahey reported the difference in trucks used to collect those ~atertals would preclude that suggestion. He explained the franchisee rtms seven special trucks to collect recyclables and only the trucks used for garbage is able to collect this type of material. Commissioner Shanahan communicated he has received several complaints regarding residents bringing their own debris to a transfer station. He mentioned Lee County has a very effective program, called "One, One and One", which is one garbage, one horticultural and one recyclable pick up per week. He asked if that possibility has been considered? Mr. Fahey responded the ratio of ward waste to garbage is approxi- · ~tely 90 tons of garbage to 10 tons of yard waste. He said if the activities are split into equal parts, the ward waste trucks can acco~plish their work in three days, but the garbage collection trucks would have a double load on their days of collection. Page 20 March 31, 2992 Couissioner Shanahan indicated some of the problems being relayed i.'to him involve leaving the horticultural waste out for three weeks : when homeowners associations do not allow it to be placed out for pick up before 5:00 P.M. of the day before collection. Mr. Fahey stated there are alternatives, one of which is the potential for on site composting. He said a second suggestion is that i..~ over time, the adjustment of doing trimming and cutting in the period iMediately prior to the collection would reduce the storage problem. Commissioner Hasse stated the problems are so severe that the Board ~st look at adding another horticultural pick up without reducing the garbage collection. County Manager Dorrill cautioned that in order to increase the mmo~tnt of collections, there will be an associated increase in the m&ndator¥ garbage bills. Commissioner Saunders commented Alternative #4 would be a choice for those wishing additional services. Mike Kennedy, General Manager with Waste Management, Inc., explained this is a matter of having compatible equipment to accomplish what the Board is suggesting. Commissioner Volpe suggested the Board retain Alternative #! while considering Alternative #2 to give those who have an excessive amount of yard waste the opportunity to take it to the landfill at no cost to them. Mr. Fahey advised the plan for those who chose that option, is that they bring in proof of having paid their annual garbage fee. He said at that time, Staff would issue them a card which would allow them to dispense with their yard waste at no additional charge. Commissioner Shanahan concurred adding, however, he would like to ~nvestigate Alternative #4 as well. In response to Commissioner Volpe, Mr. Kennedy responded that his [~:~' company is willing to consider all options. He mentioned as a rule of thtt~b, collections on a monthly basis can probably be done cheaper once per week, because if vast amounts need to be picked up on one Page 21 March 31, 1992 day, more equipment and manpower is needed. Commissioner Saunders asked if Waste Management will be able to pick up horticultural waste once per week as well as the garbage? Mr. Kennedy replied that will not be possible without additional equipment. ~.~ . Fred Marvin stated the "One, One and One" Program is the least ~!: confusing. Chester Dobeck commented there must be an alternative to the once per month yard waste pick up, which will be Insufficient In the rainy season. Robert Gresham recommended the Board explore the "One, One and One' Program. He said he has no place to store his bags of yard trash and does not have a truck to transport it himself to the landfill. John Keschl suggested that pick-up of recyclables is not necessary .:: more than once every two weeks. Om~/maioner Sh~ ~oved, seconded by Co~mieeloner Saundere, to oo~t~ Alternative ~1 while investigating Alternatives ~2 and ~4 and the 'O~e, One ~nd One' Progrmm. In response to Commissioner Shanahan, Mr. Fahey stated he will ~:: attempt to report back to the Board within two or three weeks. Commissioner Saundsrs referred to Exhibit "D" of the Executive · -.Summary, which lists several communities and their schedules of gar- bags, recyclable and yard waste pick up. He said Collier County has -. the least number of yard waste pick ups, and the rate schedule may need to be adjusted to Increase those collections. He asked that those figures be included In the requested report. Upon call for the question, the lotion carried 4/0. T~pe #4 Receesed 12:50 P.M. - Reconvened 1:20 P.M. at which tile Deputy Clerk Meyers replaced Deputy Clerk Guevtn and Co~imeioner Ooodnight was present see DZ~ZON OF NORTR NAPLES UTILITIES ISSUES - INTERIM TRANSACTION ~ I~E~CZNDED AND STAFF TO PROVIDE ADDITIONAL INFORMATION WITHIN SO-4S D~ ~RT~ NAPLES UTILITY SYSTEM WILL NOT BE HOOKED TO THE es 000. : 113' Page 22 March 31, 1992 Fred Bloetscher, Assistant Utilities Administration, communicated that this is a discussion item that the Board requested as well as the J residents within the North Naples Utilities service area, concerning the North Naples Utility Service Transition Agreement entered into on June 18, 1991. Ne reviewed that the objective of this Agreement is to trallsition that system from its current private sector utility statue to the County system. He stated that he gave the Board an outline {copy not provided to the Clerk to the Board) and noted that he has several exhibits which the Board has miniature versions of (copy not provided to the Clerk to the Board). Mr. Bloetscher discussed that the majority of developments in Collier County recoup their cost of providing interim water and sewer :service by including it in the lot sale price. In providing some history of the North Naples Utility System, Mr. Bloetscher discussed the fo/lowing: Quail Creek Estates was the first development in this area and was approved as a rezone. The first few years on that system impact ~(' fees were paid to the County and were refunded for 1987. Quail II was approved tn 1982. In response to Commissioner Volpe, Mr. Bloetscher confirmed that t~tlder the CIE Element, the Master Plan provided for a water line to be brought along Valewood Drive and the County's plan was to take over the system within this service area. Ne added that the Master Plan called for this system going out of existence, but did not address how ! to accomplish this. Mr. Bloetscher commented that the question of litigation over the sal'vlce area has been avoided, as there is a series of undefined ease- ~ents and water lines for the Interconnect, and nothing was conveyed w~thin the water plant site to the County or any other piping schemes that existed there. Mr. Bloetscher pointed out that there are a number of benefits to ' the North Naples customers, one issue being that the County's rates ~i with the increase that was approved last year are approximately Page 23 March 31, 1992 eighteen dollars less than is currently being charged for 10,000 gallons of water. He stated that typically there is a fluctuation of rate increases that occurs with private sector utilities, however the County system has had one rate increase tn five years, which suggests :. that tt is a fairly stable system. ~'~t~ · Concerning water quality, he indicated that the County is in :i' compliance with the Safe Drinking Water Act. '~. ' Mr. Bloetscher commented that the Board made the provision when l~ast and South Naples connected with this system that impact fees could be financed. Mr. Bloetscher detailed that within the County there ars 30,000 customers, with 500 in North Naples and a potent/al to add more people to the system to spread costs. Referring to a large diagram, Mr. Bloetscher noted that the interim utility status exists tn the PUD documents, in special legislation for the District, and in the development ordinances. He reviewed that this system is not regionally a utility system as defined In the County Ordinances, and only the County and City System are defined as regional, and added that the regional facilities are paid by Impact fees. In response to Commissioner Saunders, Mr. Bloetscher specified that the sewer impact fee for a two bathroom house ts $1,340, the water Impact fee is $900. Richard Yovanovlch, Assistant County Attorney, read a list of cre- : danttals for Mr. Jake Varn, legal counsel and consultant with the /aw firm of Carlton, Fields. Commissioner Volpe stated that when this Issue was first con- mtdered, the Board of County Commissioners determined that because of the importance of the Issue it Is Important to engage the services of an outside legal counsultant who ts an expert in the field; he com- ~ented that Mr. Yarn is not in contact with the Utilities Department and was retained to analyze the Issues that have been Identified by Staff and the Property Owners Association. Page 24 March 31, 1992 Jake Varn with Carlton, Fields, recalled that he has reviewed the North Naples Utilities Service, which included approximately 80 docu- ments, including the Agreement. He stated that he compiled an opinion letter (copy not provided to the Clerk to the Board) which dealt with three questions. The first question was whether or not the customers currently being provided service by the North Naples Utility should be required to pay an Impact fee when they are tied in. Re reported that they should, because the Ordinance requires it and any new customer that will be utilizing the system should be paying his or her fair share. He indicated that the County would be at risk if an Impact fee was not charged, because then all the other new users would say they were entitled to equal protection under the /aw. In response to Commissioner Volpe, Mr. Varn confirmed that this is m ~ermanent utility, not an interim utility, and that it ts controlled by a County Ordinance. He disclosed that an argument was made regarding the Public Service Commission's determination that North Naples Utility is a permanent utility; that had little meaning or bearing on the County's interpretation of Its documents, because it's the County's Ordinances, the County's definitions, and as long as the Count], has a reasonable determination, the courts are going to uphold this. He considered that if a PSC document were being construed, their definitions would prevail, and tn this instance we are dealing with a County Ordinance and the County's interpretation ts what the courts should defer to. Co~misstoner Volpe questioned whether the people who have paid an t~act fee in a different context to a different entity were entitled to a credit. Mr. Varn explained that the people that are served by North Naples Utilities paid an Impact fee that went to that utility system to pay for the capital Improvements, and said that no credit would go toward the County's Impact fee; if they paid for some tmpro- ~ vsments that fall under the definition of being part of the regional Page 25 March 31, 1992 · ~tem, then they would be entitled to a credit. Mr. Varn reported that the second question is whether or not the Co~lllt~ could require the North Naples Utilities to convey to the County at no cost, certain assets - waker lines, easements, s~tes or th~ngs of this nature. He concluded that North Naples Utilities could not be compelled to do that, and he could not find any documents where they agreed to do that. Commissioner Saunders expressed that when he requested this Ande- pendent evaluation of the County's acquisition of these facilities, his primal~/ concern was that something was not overlooked in terms of what the developers' obligations were. Mr. Varn responded that question #3 deals with this ~ssue, on whether the County could require either the developers or their succesaors-in-lnterest to be responsible for lmprovements. He concluded that there ks not basis for this, because the improvements betng made all fall tn the category of being necessary for the regional system and are not in the category of on-site internal types of improvements. Mr. Varn sald that If you went after the developers or their · ucceesors-tn-tnterest lncludtng the people who bought lots, you would In effect be asklng them to pay twice. In concluslon Mr. Vain su~artzed that the documents consistently state that the developer ts responslble rom on-site, and ~f it ~s off- slte ~t becomes part of the regional system and the County's respon- sibility. Co~lsstoner Volpe questioned MF. Vain If tn hls exam~natlon of ~he va~lous documents If he had dete~mlned whether the develope~ was obllgated to mdvlse purchasers within these va~lous subdlvl$lons of rheim obllgatton to pay an lmpact fee when connection to the ~egtonal wastewate~ system occurred. M~. Varn responded that his ~ecollectlon ~s that the do~ments clearly stated that the purchasers must be advised. In s~ary, he no~ed ~ha~ one o~ ~he questions raised Page 26 March 31, 1992 Value that the County Staff had put on certain improvements is approximately 8900,000 and under the contract with North Naples Utilities they were paying 1.425 million dollars. He expressed that tn this process of eminent domain, the Florida Law affords providing the landowner with attorney's fees and costs and tn most eminent do~ain cases they have nothing to lose. Mr. Yarn said that the decision to enter into the Agreement is a mixed legal business Judgment decision, and hts view ts that it ts a reasonable decision. Timothy Russell, speaking for the residents of the quail Creek area and Longshore Lakes Residents Association, referred to a Document Package (copy not provided to the Clerk to the Board}. Mr. Rllssell read from an alleged article in the Naples Daily News, a letter dated September 6, 1991 from Fred Bloetscher, and a list of questions that the independent legal counsel was asked to address. He expressed that It Is his opinion that Mr. Yarn did not thoroughly investigate this matter. Mr. Russell stated that it is his opinion as well as the persons he le speaking for, that a second, repeat impact fee As not owed. He ~', noted that the County ts basing its proposed assessment on Ordinances · 90-86 and 90-8? and read a portion of those Ordinances. Mr. Russell referred to Florida Public Service Commission Order #16496 dated 8/20/86, which he quoted from and indicated that it as Document F within his Document Package. He referred to FPSC Order :"~' #17~87 which he indicated is Document G within the Document Package. " Ils submitted that although the Transition Agreement stipulates the Utility should be construed as an interim facility, it is not an lntertu system. Mr. Russell questioned whether the North Naples Utilities is a per~nent utility as designated by the Florida Public Service Commission. Mr. Russell stated that at the time these developments began, the County was not prepared to offer sewer and water service and the deve- 000 118 Page 27 March 31, 1992 loper created his own facilities with the County's approval. He stated that impact fees have been paid to North Naples Utilities, and the County is essentially purchasing North Naples Util/ties, its &eeete and customer list. He read from an alleged legal op/nion written in 1986 by the then Assistant County Attorney Bruce Anderson (copy not prov/ded to the Clerk to the Board). He read from the Longshore Lake PUD Document, which he referred to I Document J in the Document Package. He stated that it was agreed that the customer list would be turned over to the County when it took over service and to connect to the County's facilities, and to dismantle the current facilities at no cost to the County. He inquired why then the County was offering to pay 1.42§ million dollars to the North Naples Uti/it/es. ' Ne read from a list compiled by Fred Bloetscher of estimated costs ~nd referred to it as Document L within the Document Package. He read from the Independent counsel's review and referred to it Is Document N within the the Document Package. He referred to the minutes of the discussion of Ordinances 90-86 and 90-87 as Document 0 within the Document Package, and related that a precedent was established in exempting prior customers from the City of Naples and Golden Gate, as well as prior customers from Pelican Bay, The Glades, Lely and Foxfire for a variety of reasons. He stated his final concern ts procedural and read from Florida Statute 125.3401 which he referred to as Document P of the Document Package. He stated that this issue was brought before the Board as an &gend& item under the County Manager's report and not a public hearing. He stated that the June 18, 1991 Agenda is Document Q of the Document Package. He concluded that he understands the County's efforts to provide a ttnifted approach to a regional water and sewer system, but that it is obvious that careful consideration was not given to this specific transition, which is filled with serious procedural oversights and Page 28 March 31, 1992 poor management decisions. He stated that the customers are seeking an official notice In the Public Record which acknowledges that all itructures that were customers of North Naples Utilities prior to June 18, 1991 ara exempt from a new impact fee from the County as a result of this transition of service. In response to Commissioner Volpe, Mr. Yovanovtch addressed the procedural issue, and clarified that the Statute does not state that it ~nlst be an advertised public hearing. He pointed out that the Agenda was published In the newspaper and public Input was welcomed concerning the Transition Agreement, and he stressed that it is the opinion of the County Attorney's office that the requirements of the · Statute have been met. Attorney Fred Hardt with the /aw firm of Hardt & Stewart, set forth that he ts representing the Quail Creek area residents. He referred to a set of documents which he stated he has provided to each Board member and provided to the Clerk for the record. Mr. liardt stated that It was his opinion that the adoption of the Transition Agreement does not conform with the requirements of Section 125.3401 of the Florida Statutes, Exhibit B of his package, since this item ts considered under the County Manager's report and not as a public hearing. In response to Commissioner Volpe, Mr. Hardt stipu- lated that if this were found to be true and correct, the Transition Agreement would be void. He stated that Mr. Yovanovtch's reasoning ignores the clear language of the Statute, which specifically requires a public hearing. He cited the case of Bal Harbour Village vs. State EX Rel Gtblin and noted that the City Council, In this case, had failed to give notice and hold a public hearing. He expressed that this acquisition should be considered a purchase, not a transition, because of the following elements In the · Agreement: the County ts paying 81,425,000; the County grants to North Naples Utilities a first right of refu- sal to repurchase the plant site at appraised value; 3e the Transition Agreement requires that title Insurance be provided by the North Naples Utilities Insuring legal title to the plant site; ·/ O00F'~[1Q Page 29 March 31, 1992 the Transition Agreement requires conveyance of legal title to the water treatment plant site and conveyance of easements for a master pump station and other necessary easements; the Transition Agreement provides that the conveyance documen- tation shall include Affidavits as to title, Bill of Sale, Warranty Deeds, Easements to assure marketable, clear and unencum- bered title to the subject utility facilities and real property; the Transition Agreement contains a noncompete clause, in whlch North Naples Utilities agrees not to compete with Collier County in the future; 7. the Transition Agreement provides that the customer lists of North Naples Utilities be turned over to Collier County. Mr. Hardt read from page 6 and 7 of his set of documents and exhi- bits. He stated that this is acknowledgement by the Utility that they ara the successor to the developer. Mr. Hardt read from a Sewer Facilities Agreement in his set of documents which he referred to as Exhibit G, made in 1987, which shows that there is no obligation to pay the 1.425 million dollars. He questioned the Just/f/cation of the 1.425 mi/lion dollars, since an appraisal was never completed. He stated that the residents of Quail Creek area development pre- vic%rely paid a connection charge or an impact fee at the time that their building permits were issued by Collier County. ..'~? He referred to Exhibit K within his set of documents, and pointed out that the Public Service Commission declared the water and sewer facilities for North Naples to be permanent. He stated that from the perspective of the residents of Quail Creek this is nothing more than a change in the provider of the ser- vice. He concluded that it seems unfair to make the existing resi- dents of Quail Creek area pay for a new system, when they have already paid for the old system under the Jurisdiction and rules of the Florida Public Service Couission. Coatsstoner Saunders commented that you cannot have it both ways, and expect to have service by the County and not have impact fees. He stated that the County can attempt to undo the Agreement with North Naples Utilities and then allow them to continue to service the com- muntty. He discussed that in his opinion, the only way to avoid Page 30 March 31, 1992 another impact fee is not to proceed with the Agreement and also to · ly~rsue the dedication of the facilities at no cost to the County. Mr. !i. Hardt concurred that the Agreement should be rescinded and the County should demand that the facilities be turned over without cost and with no i~q~act fees. In response to Commissioner Goodnight, Mr. Bloetscher confirmed that the utility lines that exist within the rights-of-way in Longshore Lake and Quail II have been granted to the County and are being leased back to North Naples Utilities because the County is not p~pIng water through them. Tape N .!'.'i~i ' Commissioner Goodnlght expressed that Collier County has been nconsistent in its acquisition of utility plants, and listed Foxfire, The Glades and Lely as examples. see Jtece~ed: S:S5 P.M. - Reconvened: 3:45 P.M. at which tiBe Delmty Clerk Farrtm replaced Deputy Clerk Meyers, ~nd it ~ the con~sn~u~ to resche~le the ~dget ~r~hop ** The following persons spoke to the Issue of the North Naples Utilities: Wayne Seidensticker Marc Gertner Frank C. Williams Bettye J. Matthews, representing citizens of Quail Creek area sStated he is one of the litigants In the original North Naples Utilities Rate case, and read a Finding of Fact made by the PSC stating that all utility lines in question belong to the County. Following brief comments by the Board of County Commissioners, Oma~aimei~ner S~underm ~oved, seconded by Coutesioner Shanahan, to rescind the interim transition a~ree~ent entered into back in June ~ on the fact there wam a lack of ~uffictent public input, and direct staff to ~eet with Mr. Hardy and perhaps Mr. Fred Hart in an attempt to reach a molutIon. County Attorney Cuyler advised there may be serious financial ramifications as the result of the motion as far as the Agreement goes. County Manager Dorrlll suggested that the North Naples Utility , Se OOO,. : i22 Page 31 March 31, 1992 $yete~ not be connected into the county regional water and wastewater County Attorney Cuyler stated there i8 a facially valid contrac- tufa! relationship that the County has made a large partial payment on, Contssioner Saunders interjected that the question concerning the bond Issue ~ust be resolved. In reply to County Manager Dorrlll, the consensus was that staff te to report back within 30-45 days. ~ =~/2 for the question, the ~otlon carried unan~l¥. ~~ 92-202, ~ S~RTIW~ ~ICO SI~ ~R L~ATION 0F ~RIDAeS ~ ~IDA ~ ~ OF ~O~S Commissioner Saunders requested, as a show of support for selec- t~on of the Alico site for the location of Florida's Tenth University, adoption of the Resolution with copies of same being mailed to each of the local governments in Southwest Florida as well as the Board of Regents. ~~toner Shanahan ~oved, seconded by Co--teeloner Hues and c~'ted ~nmni~ly, to &dopt Resolution 92-202 and fo~m/'d ~ to ~ p~-t~ee identified by the Board of County Commiee~onere. Page 32 March 31, 1992 ~ -- ~~ TO 4/7/92 Robert O. (Bob) Cooling requested that the extension of the sidewalk and bike path along the west side of Lakewood Boulevard be concrete instead of blacktop to conform with existing segments. He reported securing 93 signatures from homeowners demanding that it be a concrete sidewalk rather than the five foot wide blacktop path currently proposed. Following Transportation Services Administrator Archibald's expla- nation of the costs incurred to change from asphalt to concrete, P.,c~i~i~t~r Sh~h~n moved, seconded by Commissioner Goodnlght ~d ~i~ ~~ly, to pre~e the neceeea~ Chugs Order ~d ~t to ~ble Installation of m concrete ~th. Cowry M~age~ Dorrlll suggested that the Grey Oaks developer be re~tred to install ~tdewalks. eeo ~~L~r S~ ~d, seconded ~ Co~/os/~er Huoe ~ ~A~ 4/0, t~t the foll~Ang ite~ ~der the ~ ~ a~r~ ~d/or adopted: FI~ ~T OF =~ONXE'S ~! ~ rL'IEAZ, IK.,AT OF =G/%gT OAXS O"R'rT '1'140= - #~'~ $'r'rl)OT.,&?'roR.s AS DgT&IT.,R.,D IR' See Pages Page 33 March 31, 1992 FJLSIM~NT AGRKIMENT AA'D ACCKFTA~CE 07 CONVEYANCE FOR ACQUISITION OF It~HT-O~--WAY TO CONSTRUCT FOUR-LANK IMPltOVKMB3FT5 UPON II~OKALEE ROAD (C.l.l. PROJECT NO. 006, TRANSPORTATION PROJECT NO. 66041) Xteu#liBl 92-197, FROHIBITING TRUCKS AND OTHER COI~4ERCIAL VEHICLES ~T~D ~&D-C&RRYING C~ACI~ IN ~CKSS OF O~ ~ ~ ~ ~ ~ EZ~GS ~Y B~ SR-84 ~ KINGS ~ ~~ See Page &O1~L~I~ZO~I~ COMPLETR O~R CO~O~ ~0~ A~ ~ ~ CO~ ~Z~ ~~ ~~ FACILI~ - ~ BID ~S ~D ~ P.O. I~ ~ ~LL ~ ST~ IR ~ ~ OF $114,5T9 Xt~16D2 AUTHORIZATION TO COMPLKTK THE BUFI'KR BERM L&RDSCAP/NG AT THE SOUTH COUJrTY I~EGION&T, M&~TEM&/~R TRR&~MRRT FACILITY - FORMAL BID PROCKSS MAZVKD; P.O. ISSUED TO O*DOHIFKLL LANDSCAPES IN THE AMOUNT OF $16,692 Zt~16D3 BZD~O~-II48 FOR UTILITIKS* CHLORINATION EQUIPMENT - BID RKJECTKD; IIOTZ~PRglIZ~ TO PAY AJFD AGRKKNI31T TO KXTI3ID PAYMI3IT OF SKWKR 13~Affr~J~RLKROYT. SARDKRSAI~DMARYAIFRKH. SANDKRS JJOTT~ O~ PJI~M~SK TO PAY &RD AGR. KKMK]FF TO KXTEND PAYMENT OF SKWKR ~A~T ~ J~Ht HELEN BKRJlICE WHIDDKN NASH See Pages JJOT~GE OIP PROMISK TO PAY AND AGRER3~T TO EXTEND PAYMENT OF SEWER ZMPA~'T ~ J~R CLARENCE R. JOHNSON AND FLORKMCK A. JOHNBON, HUSBAND Ztm ~16D7 through #16D9 D~leted 000 Pa~ 34 March 31, 1992 OR BOOK 1708 Pa~es 2223 - 2242 see Pag,s Z~m ~16Dll &CC~FTA.IIC~ OF S~NI:R FACILITIKS FOR P~LICAR BAY ~RC~ See Pages ~ ~91-1S15 FOR T~ FURCH&~K AND IRSTALL&TZON OF AR AUTOreaD ~ C&LL &CCOU~fING ~T~M - &I~tRDKD TO MOCK ~NGZII~RZNG, INC. OF FT. ~ IN TR~ J~OURT OF $20,711 Bi'D #0:t--1027 FOR I']~ST~T/ON OF A MOTOR ~KHZCLK II'[TKL BTATZON &T CJ~gJI~B'TUA~ISII:R-TJ~tS SUBSTATZON - &MARDKD TO $ & M POMP SKRSI~CK, IIIgI3IBIR3~I~, TWO. - FORMAL B~DD~N~ PROCESS ~A~VKD FOR CALKJI'DAR YKAR 1992 FOR EQO/~ ~ SKR'VzcK-q - IPORJ~L]kT~ BID PROCKSS MAI'VK~; AT&T See Pages_/_~_~_~_~J~ I~OLUTZON 92-198, &DDIRG UNITS TO ~ 1991 COLLI~ C0~~TO~ ~LXD ~ ~~/ON S~Cl~ ~SES~ ROLL ~ ~1~ ~ ~ ~~CA~S OF CO~lOW CO~S~ZNG TO S~ See Pages / fg~-- /~0~ lt~ ~1~2 IRYltCllA~ OF 10.46 aclt~ OF PROPT3~TY ADJAC~f TO ~ ~S ~rl~ - ~ ~ ~ OF $45,270 ~ ~XNG ~ N~ ~ ~ $500 See Pages Page 35 March 31, 1992 CBIT'I~P'XG&TIB OF CORRECTION TO ~ TAX ROLLS AS PR.ES~ BY THE ' * ~ APPR&XS~RtS OFYXCK No's 75 - 81 ~991 TJ~GIBLE I:'~I~OR&L FROI:~RT~ 1991 Ro's. 166/167 Zt~ ~1~3~ ~ ~&/N Tl1~ F~R INI~T~ )10. 57576 Dated 3/25 - 3/27/92 Dated 3/24 - 3/26/92 Zt~a ~16J~ ~:~ ~PONDENCE - FILZD &lID/OR The following miscellaneous correspondence was filed as presented by the Board of County Commissioners: Page 36 March 31, 1992 ~ OF ~UD~HTED FRINCIPAL AND INTEREST PAYMENTS ON TH~ $1,0~0,~O~ ~ ON ~ LIN~ OF CREDIT FRON FUND 355 TO FUND 307 The=e being no further bus~nesa for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:00 P.M. ATTEST: JAMES C. GILES, CLERK BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(SxR,e,~ SPEC[AL DISTRICTS UNDER ~S'"' ~ '"'..''~/, ' a~nutes appr/oved by the Board on aa preeented ~/ or as corrected Page 37