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BCC Minutes 03/03/1992 R Naples, Florida, March 3, 1992 LET IT BE REMEMBERED, that the Board of County Commissioners In &nd 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~ULAR S~SSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael J. Volpe ViCE-CHAIRMAN: Richard S. Shanahan Burr L. Saunders Max A. Hasse, Jr. Patricia A. Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance i Director; Annette Guevtn, Xathy Meyers and Debby Farris, Deputy Clerks; Nail Dorrill, County Manager; Jennifer Pike, Assistant to the County Manager; Ken Cuyle[', County Attorney; Ramiro Manalich and Brenda Wilson, Assistant ~ount¥ Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; William Lorenz, Environmental Services Administrator; Tom Olliff, Public Services Administrator; Jay Reardon, Emergency Services Administrator; Bob Blanchard0 Growth Planning Director; John Boldt, Water Management Director; Tom Kuck, Transportation Project Management Director; Dick Clark, Code ..Enforcement Supervisor; Mike Smykowski, Budget Analyst; Jeff Perry, Transportation Growth Planner; Bob Mulhere, Planner; Sue Filson, Administrative Assistant to the Board; and Deputy Byron Tomlt~, :~e Off,ce. ~ Page ~Ts~e #1 - APPROVED MXT~ CEM~QES March 3, 1992 Commissioner Shanahan moved, seconded by Comatestoner Hesse and ~mXTIed 5/O, that the agenda be approved with the following Item #SD - Presentation by Commissioner Hasse to the County Library - Added. 2e Item #9B - Resolution supporting legislation regarding the Tourist Development Taxes (Collected) - Added. (Requested by the County Attorney.) 3e Item #10A - Presentation of program budgeting - Added. (Requested by Commissioner Volpe.) Item SIOB - Resolution supporting and endorsing Senate Bill #498 regarding important local government funding needs - Added. Item #16C2 - Recommendation that the Board of County Commissioners authorize the Chairman to execute the letter indicating Collier County's opposition to a proposed exten- sion of boat docks associated with the Island Marina, Inc./Marine Bay of Naples, Inc. - Continued to 3/17/92. (Requested by Staff.) 6. Item #15A - Staff discussion of Walkamerica Event - Added. AGE]rD& - APPROVED AKD/0R ADOPTED :~, The motion for approval of the Consent Agenda ts noted under Iten :,'.. ~16. Item#4 · MINUTH~ OF ~OA~D OF COUNT~ CO~ISSIONKRS REGULAR MEKTING OF 10/22/91, ~~ ~GS OF 10/23/91, ~G~ ~KTING OF 10/29/91, S~CI~ ~~ OF 10/30/91, ~~ ~ETIN~ OF 11/5/91 ~ SPKCI~ ~ING OF 11/6/01 - ~~ AS ~S~D Commissioner Sh&n~han moved, seconded by Coniesioner Hesse and c~ied ~na~lmou~ly, to approve aa presented the Minutes of the Board of County Cosmiaeionera Regular Meeting of 10/22/91, Special Meetingm of 10/23/91, Regular Meeting of 10/29/01, Special Meeting of X0/SO/Ol, Regul~ Meeting of ~X/5/91 and Special Meeting of 11/6/91. · XfeR#SA CHERX WILSOI, ~M~RG~NCY SERVICES DIVISION, R~COGNIZED AS EMPLOYEE OF ~ NONTll FOR MARCH, 1092 07 Page 2 March 3, 1992 ).' CoBieeloner Yelps congratulated Ch,r1 Wilson Emergency Services ;PAViliOn, on being selected "Employee of the Month" for March and presented her with a plaque in recognition, as well as a $50 cash award. }P~,,~M&TIO~ DHSlGIATINO MARCH 1 THROUGH MARCH ?, "C~ ~~TION ~ - ~D 1992, AS ]CN'01~ YOU~ Upon reading and presenting the proclamation to students from Immokalee and Lely High Schools, Com~iestoner Goodntght laoved, · econded tr~ C~lsetoner Huse ~d c~r/ed ~l~ly, t~t the ~l~tlon ~et~atln~ ~ch I t~ouGh March T, 1991, as ~ Yo~ C~ ~nt ~ek ~ adopted. Ltnda Denning, 4-H Program Leader for Collier County, recognized ~ C~pbell, President of the League of Women Voters of Collier Cowry, th~kin~ her for the participation of the Lea~e of W.~men Voters ~n the "Know Your County Government" program over the past three years. 08 Page 3 March 3, 1992 DESIGNATING TH~ MO~ OF ~J~CH, 1992, AS COLLIER COUNTY R~CR~ATZON ~O]ITH - ADOPT~D Upon reading and presenting the proclamation to two former Directors and Murdo Smith, the current Director of the Parks and Recreation Department, Co"-AeaAoner Shana.ban ~oved, aeconded by CommA~i~nmr Hamae and carried unanimously, that the Proclamation '.DmmA~m~Tt~ ~hm Month of ~arch, 1992, aa Collier Count~ Park~ and itl~'~t~ Nonth bm adopted. Page 4 March 3, 1992 /',~&TION TO THX COUNTY LIBRARY BY COI~qlSSZONKR HASSg - PRESKIFT~D Commissioner Hasse indicated having received a photography book from the K-ldart Corporation at their 30th Birthday Party. He pre- seated the bock to Fran Black with Central Services of the Library. &N~RI)M~NTS 92-163 THROUGH 92-165 - ADOPTED Commissioner Shanahan ~oved, seconded by Coniestoner Goodnlght ~nd c~rried unant~ou~ly, that Budget Amendments 92-163 through 92-165 ;~.:,' RALPH BRT~OIg REGARDING AN KXTKNSION OF BUILDING PERMIT #91-1724 - ' BUXLD~ FI/qMIT B3CTKND~ FOR SIX MONTHS Ralph Bryson explained that he purchased property in Goldel~ Gate .Kstates in September, 1990. He said most of the land was cleared at the time of purchase, however, he cleared the remaining portion tn December and transplanted 22 palm trees. He stated while performing that work, County Staff advised him of the need to obtain a building ' permit. He indicated he did not apply for a permit up to that time, ?:',~ecause he did not realize he needed one to clear land, and construc- ,tion on the home he was intending to build could not be started until ~after the sale of his present residence. He reported having recently ~'~... drastically reduced the asking price on his home and is confident it ~.jwill now sell. He concluded by asking the Board for an extension of hie Building Permit to allow more time for the house to sell. In response to Commissioner Hesse, Mr. Bryson stated he is asking ~ ~, for a six-month extension. Omem/~oloner Saunders moved, seconded by Commissioner Huee &nd : CaxTiodunanimmzsly, to approve an extension of Butldtng Permit ~91-1724 for s/x: months. R~I~]II~.TION TH&T THE COLLIER COURTY BOARD OF COUNTY COt~IISSZORERS UI~OLDTH~ ~ATIOR OF THE GROWTH HARAGEHE3TT PLAN REG&RDZNG THI; CALCULATION OF R~SID~NTIAL DENSITY NITHIN THE F~TURE A~TIVIT~ CENTER , 12 P.0. 5 Harch 3, Z992 ~Z~T~D ON TI~ ~TURE LAND USE ~ (INTERPRETATION GP-30-T) - TO 3/17/92 County Hanager Dorrtll advised that a request was received from '~.Attorney Patrick Neale, after the agenda for this meeting was ~mA~e~ Shanahan ~oved, seconded by Cont..tona~ Ha~e and c~2~l~d ~l~ou. ly, to continue th~s ~te~ to ~ch 1~, 1992. ~OL~Z~ 92-~57 S~RTZNG STATE LEGIS~TION ~T ~L O~ION ~TOR ~L T~ - ~D Jeff Perry, Transportation Growth Planner, explained Staff is asking the Board to adopt a resolution that supports current legisla- tion to allow Collier County to impose additional local option fuel '. taxes. He said the legislation concerns three bills, one of which ~?... Increases the local option gasoline motor fuel tax from the ch. rrently available six pennies per gallon to 12 per gallon. He said another ball changes the local option to a mandatory six cents, and Increases one penny per gallon per year up to nine cents per gallon. He indicated Staff does not believe that bill is as flexible and optional as the current legislation. In response to Commissioner Hasse, Mr. Perry said supporting this: legislation does not bind the Board to any action. Answering Commissioner Shanahan, Mr. Perry reported If the addi- '.tlonal six cents is passed, it would not require a referendum, only of County Commissioners action. Commissioner Saunders commented the agenda package does not con- rain copies of either House Bill 1§81 or Senate Bill 1002. He asked if there is anything else in those bills that the Board should be aware of prior to passing a resolution supporting them? Mr. Perry replied Staff ts asking the Board to support House Bill 1581 which contains no changes other than providing for the opportunity to increase the current six cent gas tax to seven to 12 cents per gallon. 000,, 13 Page 6 Harch 3, [992 In response to Commissioner Saunders, Mr. Perry stated he iS not of any proposals by the State or the federal government to se their gasoline taxes. Commissioner Volpe communicated having recently heard a report that based on historical analysis, increases in gas taxes have very little, if any, impact at the pump. He said between 1983 and 1992, gas taxes at the federal and State level increased by 1! cents, but the local pulp price per gallon is actually less now than in 1983. .indicated this legislation is an opportunity Collier County should pursue. George Keller, President of the Collier County Civic Federation, ~.stated the gas tax ts a very easy way to raise money. He said the He Boney comes mostly from working people who need their cars to travel back and forth to their Jobs. He asked the Board to be very cautious !'' about supporting this legislation. Commissioner Hasse stated the Board of County Commissioner,~ ts not !~)raistng the tax. He said the legislation provides the opportunity to 'do so should it be necessary. George Keller stated the Board, by supporting the legislation, saying an increase in the gas tax is a great idea. Cc~imsi~ner Shanahan ~oved, seconded by Conissioner Hesse, to .,~rt State le~isl&tton that tncreue8 the ~xi~u~ local option ~to~ f~el ta~. Co~tsstoner Saunders agreed with George Keller that a ~as t~ ts a ve~ painless way of t~tng people, because it ts not readily noti- Ceable. He Indicated his biggest concern ts there ts no doubt that the State of Florida and the federal government will be raisin9 ~aso- line t~es in the near future. He said gasoline ,tll become too expensive, especially for people who must rely on their cars to get to ~/., ~d from work. He disagreed with Commissioner Hasse, stattn~ there ,~no doubt tha~ support of this legislation will promote a proposal to raise ~as t~es. He remarked the Board should not be looktn~ for revenue sources to provide for State and federal shortfalls'In road O00,,G, li P.g. 7 March 3, 1992 . ,. n. He said other alternatives to raising gas taxes or ad 'Valorsa tax~s need to be Investigated. ... Commissioner Volpe commented the proposed legislation will provide to local government an acceptable method of funding the transportation network. He said in his opinion, this Is a reasonable alternative, as the Board begins to Identify a mix tn alternative revenue sources that can be used at a local level to fund infrastructure needs. Commissioner Goodntght stated that a combination of gas taxes and road impact fees ts the only reasonable approach to funding .,Infrastructure needs. Upo~ =all for the question, the ~otton c~rrted 4/! (Commissioner ~ ~de~ o~os~d), thereby &dopttng Resolution 92-157. Page 8 Hatch 3, 1992 /]t~"~LUTIOI'S 92-158 AND 92-259 AUTHORIZING THE ACQUISITION OF PERPETUAL ItOAD, UTILITY, DRAINAGE AND MAINTENANCE F~%S~M~NTS BY OIFT, PURCHAqE OR CONDEM~ItTION', WHICH ARE REQUIRED FOR THE FOUR-LAN~ EXPANSION OF RADIO ROAD, AND AUTHORIZING ACQUISITION BY GIlt1', PURCHASE OR CONDEMNATION OF THE UTILITY ~,SMNT R~QUIRED FOR THE CONSTRUCTION AND INSTALLATION OF A S~ FORCE MATN AND PUMP STATION TO SERVICE THE NAPLES PRODUCTION PA~K MUNICIPAL SKRVICE TAXING AND BENEFIT UNIT DISTRICT - ADOPTED Transportation Services Administrator Archibald explained Staff is seeking adoption of resolutions Involving the four-lantng of Radio Road, In particular, two parcels on the north side of Radio Road located halfway between Airport-Pulling Road and Industrial Boulevard. He said the first resolution concerns Parcels 105 and 107 ;'~.whlch have the Industrial overlay, and Staff ts attempting to acquire approximately 20 feet from both parcels. As a result of not being able to conclude negotiations with the owners, he said, Staff has pre- ~,~,pare4 a resolution which deals with negotiating a purchase price as well as the possibility of taking condemnation action to acquire those parcels. Re advised Staff has taken into consideration environmental conditions, safety, welfare and economic impacts. In response to Commissioner Volpe, Transportation Services Archibald replied Staff is seeking acquisition of ease- i ments rather than a fee simple acquisition. He said the easement has been very broadly written to allow for road, utility and water manage- f:~'ilment use. Re said this will allow use for road improvement and future Xnatallatton of water and sewer lines. He added the second resolution also includes acquiring rights-of-way that can be of benefit to the ii~.iNaples Production Park Municipal Taxing and Benefit Unit (M.S.T.B.U.). Commissioner Volpe questioned how the acquisition of the easements 3~':'will be funded? '.~. Transportation Services Administrator Archibald advised that a ;trion of the bond funds is being utilized for construction as well as acquisition of right-of-way where needed. Responding to Commissioner Shanahan, Transportation Services .Administrator Archibald stated there ts the potential for $100,000 in 000. 18' Page 9 March 3, 1992 ~ttion coats. Commissioner Shanahan inquired when will Phase I and Phase II be ~'.:COmpleted? ~::! Transportation Services Administrator Archibald stated Staff Is prepared to go through the bidding process for Phase II. He said delays in acquiring rights-of-way may delay the award until mid-year. Xe said if the project is delayed until the summer months, completion w~ll not be accomplished until the latter part of ~993. C~mmdsetona= Shanahan moved, seconded by Com~tsstone~ Hesse ~nd carrie4 unanimously, to adopt Resolution 92-[58 authortz~ng ac~tet-- tt~ of ~cels [05 ~d [07 ~ gtft, ~rchaee or conde~at~on of the fo~ ~ f~=-[~e e~ton of ~adto Eoad. Transpor~a~ion Services Administrator Archibald commented ~.t was reco~ended by both the Finance Department and the Count7 Atto=ney's Off~ce that the second resolution be funded un,er Fund [38, s~nce there wtl[ be ~ubstantial benefit to the Naples Produc~ion Park ~:~:~ect. He note~ the resolution as prepared by ~he County Attorney's Off,ce w~ll =ema~n ~ntact. ~t~ ~t~l~, to adopt Eeao~ut~on 92-[59, authorizing tt~, t~ ~d [3a, ~ gift, ~=c~se o= conde~at~on of the l~~t =~tred for the const~ctton ~d ~natallatton of the ~= fo=ca ~t~ ~d ~ station which will se~tce the :~~t~ ~k M.S.T.B.O. ,mm 000 ,= 19 Page 10 March 3, 1992 TO AUTHORIZ~ STAFF TO PROCEED WITH CONTRACT FEE .N~GOTXATION~ NITH JENKINS AND C]~J~AND, INC., FOR CONSTRUCTION IN~F~TXON AND RELATED SERVICES FOR STATE ROAD 29 PEDESTRIAN OVERPASS l~qt~$ A~ SET FORTH IN THE MAY 8, 1990, CONSULTING ENGINEERING SERVXCE~ A~I~E~M~NT - APPROVED Transportation Services Administrator Archibald advised this item Lnvolves the pedestrian overpass proposed at Farm Workers Vi//age in l~mokalee, which was approved by the Board for construction on February llth. He said Staff has looked at its workload and the ~"'- number of inspectors in the field in the Naples area, and is requesting the Board consider taking advantage of a provision in the ctlrrent design contract with Jenkins and Charland, Inc., which allows for not only cursory inspections, but also the handling of ~h~, admi- nistrative end and day-to-day construction inspection. He explained · the project lnvolves extensive testing of materials and structural integrity. He indicated Staff feels the amount being requested will · be reduced when negotiating the contract. He asked the Board to ...:recognize this contract will be expensive to administer, whether done by the County or the consultant. ~.'i:.~. In response to Commissioner Hasse, Transportation Services 'Administrator Archibald replied the project has been on-going for more '~than three years. He reported the project is being supported by the ?Collier County Housing Authority with a grant of $100,000. He said that grant will not be available to the County until mid-year, and as & result, a budget amendment must be processed to reallocate monies in Fund 313 to assure that sufficient funds are in-hand at the County level to award the construction contract. He concluded Staff is recommending two actions, that the Board approve a budget amendment in Fund 313, as well as authorize Staff to negotiate a contract with the consultant to provide for a greater level of inspection. Commissioner Volpe inquired why this provision was not included as part of the original bid? Transportation Services Administrator Archibald responded that the Page 11 March 3, 1992 award was for the construction contract, while the additional duties involve Inspection of those activities. He advised any contract awarded by the County must have supervision to ensure the dollars expended are for work actually b~ing performed. He said he will attempt to negotiate an agreement whereby Staff provides as much supervision as possible; however, during the Installation of certain structural fixtures, the consultant must be on-site in any case. Commissioner Saunders asked if the County has the technical exper- rise on Staff to supervise the Installation? Transportation Services Administrator Archibald advtaed one i employee on Staff has done bridge inspection work In the past, ~.' however, he is not certified and ts not familiar with this pr:~ject. Ceee~iuloner Shanahan ~oved, seconded by Coniselonsr Goodnlght carried 4/1 (Co~issioner Volpe opposed), to authorize Staff to ~ with contract fee negotiations with Jenkins and Cha~land, Xnc., f~ ¢~truction in~pection and related services for State Roa~[ 59 pe~e~trt-~ overpass t~prove~ente, in an as~unt not to exceed ~C0~M~]II~&TION TO APPROVE SUPPLEMENTAL AGREEMENT NO. · WITH BETTER ltOJkD~, INC., AND TO ACCEPT COMPLETED CONSTRUCTION OF C.R. 951 (23RD AVENOE, S.N. TO GOLDEN GATE BOULEVARD), AND TO RELEASE FINAL PAYMENT TO BET/ER ROADS, INC. - APPROVED IN A CORRECTED AMOUNT Tom Kuck, Transportation Project Management Director, presented a recommendation to approve Supplemental Agreement #4 with Better Roads, Inc., to accept the completed construction of C.R. 951 between 23rd Avenue, S.W. and Golden Gate Boulevard, and to release the final payment in the corrected amount of $9,400. He explained the Executive S,,_~msry indicates the amount of final payment to be $58,269.27. He mentioned the final contract amount, including all adjustments, is $5,075,423.43, or 4% higher than the original contract amount. He 'said all improvements were completed and opened to traffic within the allocated time. County Manager Dorrill noted there were no cost overruns on the Page 12 March 3, 1992 ;oad construction. He said the supplemental work concerning the canal the east side of the road was a major factor in the final contract nount. ~aimio~e~ Hues ~oved, seconded by Co~tmmIoner O~ght ~d ~~ ~i~1~, to appr~e Su~le~ntal A~nt ~4 w~th I.... ~ ~lla ~ts ~l~d) ~d to relate fill ~t to ..;~ ~., In t~ ~t of $9,400. 000,, 32 Page Z3 March 3, 1992 .. sea ~ee~ 10:15 A.M. - Reconvened !0:25 A.M. at which rise ~!~ l~t~ Clerk Me~ere replaced Deputy Clerk ~ln ese ~ OF ~[ FI~INGS OF RIVIE~ GOLF ESTATES ~IT 4 D~INA~E ~O~CT ~~I~ ~RT - 5T~ DI~C~D TO ~OVIDE ~DITION~ John Boldt, Water Management Director, outlined the history of this issue and reviewed that on April 9, 1991, property owner concerns ' '~regarding the condition of the drainage ditch alon~ the east and north sides of Unit 4, Riviera Golf Estates, were brought before the Board. He noted that at this meeting, staff was directed to prepare a ~,i.Dratnage Feasibility Report; consequently, the Notice to Proceed was given to Johnson Engineering in July, 1991, the final draft completed in December, 1991, and was reviewed by the Environmental Advisory Board on January 8, 1992, at which time they recommended the Report be forwarded to the Board for consideration. He reported that as an interim measure, it is recommended that the 5 - 36" culverts installed in the ditch Just south of Loch Louise to protect the adjacent FP & L power poles be removed to eliminate any possibility of interference with drainage flow in the existing open ditch. Ne noted that this will require the relocating of 6 power poles approximately 10 feet north by FP & L crews, and that the preli- minary estimate on the cost to move the 6 poles and associated lines is $31,000. He felt a portion of this cost could be shared by the adjacent developer of the Riviera Colony Golf Estates Unit 4. Referring to the Feasibility Report (copy not provided to the "01erk to the Board) he noted the following historical background of this issue: December, 1972 - easements were granted for portions of the property i 'along the emst side of the ditch; '[.November, 1974 - the Board accepted a preliminary tract map ',.' .recognizing that this was platted in 1974 (the parcels along the north and east side were part of a larger undeveloped tract called Tract G, and Tract G was then replatted in 1988); Page March 3, 1992 F~bru&ry. 1978 - Plans were submitted by Trt-County Engineering that ~['showed a 25 and 40 foot easement along the north and east sides of · the project, along the per/meter of Tract Gl August, 1981 - county staff noted complaints from residents of Wendy Lane and C%mthia Way concerning high water in this area; May, 1982 - drainage ditch was cleaned out by public work forces; March, 1988 - plans were filed for the Vt/las of Lake Champagne; May, 1988 - petition to vacate certain easements within Tract G, and a request to vacate the westerly 15 foot of the existing 40 foot ease- mant along the eastern portion of the project; June 1988 - water management staff approved the relocated cross sec- ttons submitted by the developer's engineer and the vacation of the {iii.a.torly 15 foot of the 40 foot; July, 1988 - petition to vacate was reviewed by the Board,and a racom- mendatton to approve the final plat - both were continued 5 weeks; ~'."October, 1988 - the vacation process was approved by the Board, the final plat was also approved, after some lengthy discussions about the perimeter ditch, adjoining property owners voiced concern of the flooding problems tn the area and the motion to vacate passed 3/2; December, 1988 - the developer's engineer reported the construction of the improvements had been completed; January, 1989 - the first building permit was issued; 'Aurar, 1989 - the Board acted on staff recommendations to give ~reliminary acceptance of the drainage improvements of Riviera Colony i.~Kstatas, Unit 4; September,1989 - first certificate of occupancy was issued; February, 1990 - water management staff met with the developer and his engineer, South Florida Water Management District and Compliance Services, tn regards to the proposed improvements of the project's perimeter drainage ditch, included tn the 8 alternatives discussed was the developer's option to enclose the ditch with a large diameter pipe with a shallow swale over it, and the developer at that time indicated that in order to keep the price of the lots down he was not planning OOO ,o . Page 15 Narch 3~ 1992 tO enclose the ditch, but rather to relocate it; .!'March, 1990 - surveys were done, and ditch was moved to the property ~ine along the north and east sides; 1991 - Petition by Mr. Ross requesting a hearing on this mat- April, 1991 - staff was directed to prepare a Feasibility Report. Mr. Boldt used a large map to identify the area in question, as i well as surrounding properties. Carl Barraco, with Johnson Engineering, expressed that Johnson Engineering wa~ asked to examine the drainage situation at Riviera {~olf Estates, not to devise solutions. He mentioned that whem Davis ..:., Boulevard and County Barn Road were constructed, they were constructed with culverts, which has allowed the runoff to flow in a southwest direction. He reported that the situation that is occurring now is that water comes south down County Barn Road and is overflowing into the subject drainage ditch. He stated that the following improvements that they examined were based upon a study and a report: 1) All of the runoff coming from north of Davis Boulevard be collected in the ditch on Davis Boulevard in a box culvert and con- ~ tinue southward (taken from a report of District 6). The box culvert is currently in place but not functioning; 2) Channelization of the water along County Barn Road to Rattlesnake Hammock Road (taken from the Law Environmental Study); He stressed that for any improvements to benefit the people in Riviera Golf Estates, these improvements must be done. The alternative plan that he was asked to review was enclosure of '/ the ditch with a buried pipe with a shallow swale over it. Concerning the enclosing of the ditch, he noted that their fin- ''. dings indicated that the system would start with a 24" pipe, and ~ increase in size and finally terminate with 66" pipe. In response to Commissioner Volpe, Mr. Barraco explained that · 'enclosing the ditch would not improve drainage until the other impro- vements in the Davis Boulevard area are made. 35 Page 16 March 3, 1992 He stated that the cost estimate on enclosing the entire length of problems. Page ~.the ditch ts $490,000 and added that it is higher than usual because of the limited work area behind the Improved lots. He also recom- mended that some sort of benefit unit be put together if this project ~s %tndertaken, and the cost of the improvements were recommended to be 60~ for the lots fronting that in Riviera Golf Estates, 20~ to the remainder of the lando~ere In the area contribut~ng runoff to this d~tch, and 20~ to the county because of reduced maintenance costs. '.':~.Last~, he d~scussed, that ~n the Feasibility Report he found that at the power pole locations, which Mr. Boldt addressed, there is a con- s~derable amount of headloss, and those should be removed or improved so that the canal could accept more flow tha~ it does now. In response to Co~ss~oner Volpe, Mr. Barraco verified that enclosing the ditch could be considered a localized benefit mainly to ~"~the people that fron~ the ditch. In ~er to Co~ss~oner Volpe, Co~ssioner Shanahan s~ated that thee would directly benefit 46 ~ot o~ers encumbered by the drainage 'easement. In sugary, Mr. Barraco stated that It would be posslble to ~nc~oee the ditch, and that the cost of the enclosure for the entire length ~s approxlmately $490,000. He referred to the Feaslb~llty Report, foF an outline of the funding source as a benefit unit w~th a spllt 60/20/20. In response to Commlssloner Volpe, Mr. Barraco stated that ac~r~ng ~he r~ght-of-way to the north was not considered as another alternative, because there ~s no way of puttlng a dollar amount on the cost of th~s land. In response to Commlesloner Haese, Mr. Barraco clarified that he ~s aware of the wats= s~tuation on Cynthia Way and Wendy Lane, and ~/'-that the lmprovemen~s mentloned In the Dlstrlct 6 Study and the Law Envlronment Report would have to be ~n place before he can solve the March 3, 1992 ~i~ Frank Ross, residing at 969 Charlemagne Boulevard, stated that · according go Federal Statute, no property owner shall a/low his pro- perty to cause water runoff onto abutting properties. He stated that he has no objections to the ditch being covered. He recounted that ,,,this canal ditch was originally constructed to accept stormwater ~',r~noff from abutting properties. Referring to the Feasibility Report he read the following iexcerpts: ~ , Para 1.1 which states "..in particular the feasibility of nating the open ditch to provide usable rear yards for the residents In question.." and Para 4.! "..rather the major benefit is aesthetic in natures and this will in turn increase the value of the lots.." ~:.'J He responded to these comments stating that there is a serious 'health hazard and public liability hazard to the canal ditch in 'present condit~on. He commented that it ts no longer a drainage ease- ment but a retention canal ditch. Regarding paragraph 4.1 he said that it may be true and that the ~erty owners would like to see the lots return to their assessed ')' Mr. Ross questioned the sketch in Figure 3.~, and said it is very ~ dece~ving because under the existing drainage pattern, all land up to ,:the north of the Golden Gate Canal northeast and east to C.R. 951 to a southern line continuous from Charlemagne Boulevard is part of the drainage basin. He confirmed that Water Management has carried out some improvements along Davis Boulevard and County Barn Road, but noted that there are still § cross-over culverts between ~he east and the west s~de of County Barn Road to let water runoff from the east to the wast into the affected properties. He added that there is still drainage from the north side of Davis Boulevard in the west side of Cottnty Barn Road. Mr. Ross revealed that a non-ad valorem tax has been recommended '%to be assessed on all homeowners in Water Management District No. 6, Page 18 March 3, 1992 ~it°.~rove the present maintenance requirements, however, there has no maintenance work done in the last two years. He stressed that the homeowners were never invited or notified of the meeting of February 15, 1990. He said that at this meeting the developer was allowed to come up with the cheapest option of improving the ditch. Regarding the developer's excuse that he was trying to .~keep the price of the lots down, Mr. Ross announced that this is rid/- :':culous as the buyers have already paid full price for their lots and have been assured by the developer's realtor that a 10 foot wide sw~le would be p/aced on the rear portion of the lots. He said that this is a real estate seam. Referring to Paragraph 1.2(B7 which states "...removal of power poles which were installed in the westerly portion of ditch arid obstruction of ditch by § stone groins..." - Mr. Ross remarked that this ia another poor decision by the county and Florida Power & Light and in no way should be included in any proposed cost for this drainage correction. He agreed that enclosing the canal ditch with piping would be acceptable and would eliminate the health and public liability problem and also the requirement of county maintenance of the canal ditch. He concluded that the cost noted at $490,000 by the report is horrendous, compared to an estimate which Mr. Wiley of War,er Management gave to one of the homeowners on November 1§, 1990 that the =;coat would be no more than $2,000 per lot to enclose the canal ditch ~.:with a 36" pipe. :?~i Finally, regarding Paragraph 4.2, called Funding ~lternatives, he &~reed that the county should acquire all possible funding from state and federal government sources, gather the most competitive bids .possible, use the county staff for as much of the work as possible, &nd apportion the balance of the cost to the benefitted area (the area ~ drained), and the developer, not the homeowners. ~r. Ross summarized that the abutting land should have required ~r&inage or donation of property when it was rezoned from Agricultural, to provide for their drainage. Page 19 March 3, 1992 ~[j In response to Commissioner Volpe, Mr. Ross stated that he is representing 18 homeowners, and that these are the developed lots. In response to Commissioner Saunders, Mr. Barraco referred to the Contributory Drainage Area Map, and explained that only the rear lots in Riviera Golf Estates abutting the ditch, drain into it and added that the majority of the runoff comes from the undeveloped area to the j.north and Cynthia Way and Wendy Lane. In response to Commissioner Saunders, Mr. Boldt reported that if there is a 6 or 8 inch rainfall, it would completely overpower the 24" pipe and flooding wou~d be even worse than last year. In response to Commissioner Volpe, Mr. Archibald reported that County Barn Road has approximately 80 feet of right-of-way, ard added that it does not leave a lot of room for four lanes and an open ditch on each side, so a drainage system for the road will have to be put 11nderground. Commissioner Shanahan agreed with Commissioner Hasse's suggestions ~!'to put in the large pipes and fill in the ditch, but Mr. Boldt pointed out that the ditch is only 3~ to 4' deep, requiring a shallow depression over it to collect the water, so a pipe could not be installed any higher than 36 to 42 inches. i~'~ Commissioner Shanahan commented that there does not seem to be an ·nswer on how to resolve this. John Orr, residing at 22 LeMans Drive, suggested closing off the :ross-overs along County Barn Road. Mr. Boldt stated that this would open up the county to a legal liability by forcing flooding on the east side of County Barn Road. He expressed the following suggestions for County Barn Road: deepen road ditches, culverts could be lowered, but reiterated that these are i °nly partial solutions. ~+:~ Mr. Archibald stated that the more water that can be diverted down '.County Barn Road to Rattlesnake Hammock Road (where there is a fairly large box culvert) and then in turn diverted into the Lely system to the east, away from the sheetflowing to the west, then the pipe sizes Page 20 March 3, 1992 could be considered. George Keller, President of Coil/er County Civic Federation, com- mented that existing development will be Impounded by new development · east of County Barn Road and the drainage problem has to be addressed immediately He specified that when Riviera Golf Estates was deve- loped it did not have this problem; the county created a problem by ii" permitting all the development around it to the north and east. Richard Lansdale, residing at §§2§ Lansdale Lane, explained that he was at one time the attorney for Riviera Golf Estates and Riviera !"Colony, and was a previous owner of the 40 acres immediately to the east of this drainage ditch. He pointed out that the drainage ditch ili. was adequate until a new developer received approval from the Board to close in part the ditch and proceeded to build houses on it. He stated that he would be opposed to creation of an MSTU that would include his property. 3.,- Troy Brown, residing at 550 Wendy Lane, aired his concerns over ?. the flooding tn his area. He noted that if anything is done to the ditch it should be made larger and longer, and not covered up. He · qalestioned that if they enclosed a pipe, how would they clean it if it ' was silted up. He voiced his objections to paying for this, when the runoff is coming from other developments, i.e. Countryside & Embassy Woods. He recommended that the ditch be enlarged, but not covered up. Roger Smith residing at 5501 Cynthia Way stated that it would take an hour to go into the corruption and serious accusations regarding John Boldt. He felt Mr. Boldt's report was deliberately incomplete, and added that there is an ongoing investigation by the State of Florida regarding the culverts on Elba Development property at the utility poles designed by Mr. Boldt as to whether or not they are legal. He submitted a copy of a letter to the Board to this mffect, from the State of Florida (copy not provided to the Clerk to the Board). He mentioned that the 36" culverts flooded him drasti- cally on Labor Day weekend. Mr. Smith recommended that the county should drive a pole next to Page March 3, 1992 each existing utility pole and attach the two, and added that this a Joint utility drainage easement and the county should use It. Commissioner Volpe reviewed that Mr. Smith raised the question on whether this drainage ditch was Improperly designed in the first place. County Manager Dorrtll assessed that the extent of thio problem is that. these lots would be considered nonconforming if it were not for the 25' drainage easement in the rear yards, which ultimately resulted ~' in the construction of a 25' wide drainage ditch. He commented that the county has a history of court litigation with this particular developer concerning his abandonment of unfinished homes. In response to Commissioner Volpe, Mr. Boldt revealed tha~ he has asked the Building Department to monitor the issuance of any building permits tn this area until the problem is resolved, but that there ts nothing to prevent someone from pulling a building permit and building a home. County Attorney Cuyler advised the Board that currently there are no constraints on anyone who wants to pull a permit, and in order ':tO do this the Board would have to find a health, safety and welfare problem and pass an ordinance. He said that there are not enough facts at this point to do that. Commissioner Saunders expressed his apologies to Mr. Boldt for the '.allegations and statements made by Mr. Smith. ~~tonsr S&nndere ~m~ed, seconded by Commissioner Hames and ~XTI~ ~iB~l¥, to continue this tten for 30 days tn order for staff to ~lop additional altemattves for this problem. sss R~cessed 12:15 P.M. - Reconvened 2:00 P.M. at which time Deputy Clerk Farris replaced Deputy Clerk Nelmrs ~'' RET~I~TION AGREEMENTS FOR SERVICES ON AN "AS NEEDED" BASIS FIl~ OF CARLTON FIELDS, NABORS GIBLIN, AND HOGG ALLEN TO CONTRACT UPDATE REQUIREMENTS - APPROVED County Attorney Cuyler stated the Executive Summary is self- explanatory, pointing out the agreements tn and of themselves do not 000.:,. 41 Page 22 March 3, 1992 ' anything as It Is an hourly cost to the County as services are ~ · In response to Commissioner Volpe, County Attorney Cuyler advised the contracts will be updated on a yearly basts. He expressed a desire to change the professional liability Insurance for Nabors '~Olblln from $3,000,000 to $2,000,000, as well as a slight change to the tail coverage wording. In response to Commissioner Volpe, County Attorney Cuyler con- ,,firmed that $110,000 has been appropriated this year for outside legal .services. ,f'~r~t~~l~lF, to mpprov~ the continuing retention ~inth~ o~t t~rs is no financial t~p~ct at this point In tiN. Page 23 March 3, 1992 92-1~0 ~UPPORTING LEGISLATION REGARDING TOURIS? DEVeLOPMeNT Assistant County Attorney Wilson explained that, although the offices of both Senator Dudley and Representative Hawkins have been contacted about potential language for the Resolution, there is no commitment from either at this time. Commissioner Volpe expressed the view that chances of curative legislation being passed by the Legislature without a requirement of a second referendum are slim and none. He expressed second thoughts about a strongly worded Resolution which says "please do not consider any legislation which does not call for a second referendum". Commissioner Saunders reported conversing with Senator Dudley last 'week at which time he indicated he will work with the County but will not sponsor or support a bill that simply eliminates the requirement of a referendum and retroactively makes the first referendum effec- rive. He advised that Senator Dudley will provide language where, if there is a second referendum which passes, then the $5,000,000 will be taken care of, and, if the referendum fails, language in the curative · legislation will permit the $5,000,000 to be used for the types of ;!i:'? purposes permitted under the Tourist Development Statute. He stated ,.~ /? the Resolution should be worded to reflect the support for the cura- ii~ tire language that permits a new referendum but also takes care of the '~i% $5,000,000 regardless of the outcome of the referendum. Assistant County Attorney Wilson gave an update on the first class action suit filed by Mr. McDonald as well as a second class action suit filed, advising that all the claims will be resolved in one ' lawsuit. · ~!,. C~ieeAoner Saunders ~oved to provide a Resolution with attache~ l~~ teator ~dley ~d whoever else ~uld ~ a recipi~t of t~e 1~ t~at peraits Collier C~unty to have, if it so chooses, a ~ refe~dma pursuant to a new Tourist Development Plan and, if the referea~aa ~aeees, the $5,000,000 collected in the prior referen- Pa~ 24 March 3, 1992 will be~e~g~d into that new pl~n ~nd used pursuant to the uses in plan; if the County chooses to have a referendu~ and it fails, then the $5,000,000 can be used by the County for the e~e purposes outlined in Chapter 125 of the [lorlda Statutes; and, u an alter- native, if the proposed l~nguage regarding the potential loss of the ~[,000,000 should the referandu~ fail ts not acceptable, It is ~l~le te pre-ced with the current legislation. Assistant County Attorney Wilson reported that advertising for the Ordinance creating a TDC (Tourist Development Council) has be~n sent ·nd the Item will be heard at the March 24th meeting of the ~oard of County Commissioners as a public hearing. Commissioner Shanahan indicated his preference is curative legislation and the $5,000,000 without referendum, or, in the alter- native, curative legislation with a Resolution and the $5,000,000. O~twl~er Volpe voiced support of Co~tsstoner Srdnder8' ~otio~0 ~nd s~onded ~. Span call for the quaetton, ~otton carried 3/1 (Co. teatoner ~h~zmh~n opposed} and (Co,missioner Ooodntght Indicating aha abstained i~ron voting). ~: Upon County Attorney Cuyler's advice regarding requirements of the k law, Coumissloner Coodnight stated she was leaving the room and pro- "ceeded to do so. Page 25 March 3, 1992 BUD~TING - PRESEITI'ED AND CONCEPTUALLY APPROVED Budget Analyst Smykowski distributed a handout and proceeded to review the purpose as well as steps in the process of program budgeting, including the role of the Board of County Commissioners in maid process. He gave a quick overview of a completed program package and identified the information to be reviewed at a future date. He explained staff is looking for a commitment regarding dates and times for review of the completed program packages. He concluded the dual purpose of the process is to provide information regarding county ser- vices that are currently furnished by staff and to provide staff with direction from the Board of County Commissioners regarding their program priorities, resulting in better identification of spending priorities early on in the budget process. He commented staff is currently in step two of the process where departments review the ser- vices they currently provide and group them into the base level of ,~.... service and into program packages above and beyond the base level of services. Mr. Smykowski stated the focus at thls point is on the types of ~ services and programs that are being offered and recommended by staff i'i~ .for funding in the upcoming year. He explained that page 2 of the 'handout is a base level summary which provides a description of the ~ types of services which fall into the base level description and are mandated by either State Law, etc., as well as a statement of service ii% level impact. Following brief discussion regarding an unbudgeted liability, Commissioner Volpe suggested use of budget footnotes for further .~i 'explanation. In response to Commissioner Volpe, Mr. Smykowski commented the otatement of service level impact on the base level summary is a sum- ..marion of the services that would not be provided if the Board of County Commissioners chose only to fund the base level, which is the 000 .. 60 Page 26 March 3, 1992 aspects of the programs. He said that programs 2, 3 and 4 are above the mandated level required. '.~ O~mAmmi~ner Sanndare left the seating at this tame. Commissioner Shanahan voiced support for priority budgeting. A brief discussion ensued regarding scheduling of further presen- ; s': rations of this item. O~leetom~ Hesse ~ovsd, seconded by Co~miesionsr Shanahan ~nd .'"' c~i~ 4/0 (C~issioner Saundars out)0 to conceptually appr~v~ thcl ~ fwr~a~ting of how the budget is going to be portrayed. I~.~FXON 92-161 SUPPORTING SENATE BILL #498 REGARDING LOCAL ~ FUNDXN~ NEEDS SPONSORED BY SENATOR FRED DUDLEY - ADOPTED Commissioner Volpe stated he requested this item be added to the agenda for support of Senate Bill #498, which is a bill being sponsored by Senator Fred Dudley and represents another option available to local government as a funding alternative with the hope of being able to keep ad valorem taxes at a minimum. He remarked it ia a real estate transfer tax which will allow local government to .retain a portion of the monies collected to fund such infrastructure ~ needs as affordable housing, environmentally sensitive lands, and acquisition of road rights-of-way. He encouraged the Board of County Commissioners to favorably consider this Resolution. Commissioner Goodnight pointed out that part of the Board's policy statement is that it supports any bill that gives local government )tions. Ceeeadeelo~sr Shanahan ~ov~d, seconded by Co~missioner Bases and C~a-A'A~ 4/0 (Co~iuloner Sauxtders out), to ~upport and endorse Senate ,," Bill ~4~0, the~by adopting Resolution 92-161. ~., Page 27 March 3, 1992 Adolph Carrozza, resident of Palm River Mobile Park, quoted verses 0f scripture and reported meeting with staff and others in his home on February 26, 1992 at 1:30 P.M. Re reported that, contrary to what he was told by staff, the Collier County Zoning Ordinances were applied due to zoning violations on a lot tn the mobile home p~rk. Co~missioner Volpe advised the Board of County Commissioners he has been advised there is a legal action presently pending and which will be heard in the Courts within the next several days. Mr. Carrozza implied that the reason for his presence today ts that he requests a legal opinion regarding the application of County Zoning Ordinances. He stated the most serious violation is that the electrical and water system are hooked to one post. County Manager Dorrlll stated an investigation is being coor- d~nated, which will be reviewed with Mr. Carrozza with a copy sent to :~ the Board of County Commissioners. Herbert A. Salgat, Jr. reported trouble with the Collier County Building Department regarding three building permits, one where the '.application was marked as not being in a flood zone when It in fact :~'. was, and two others dealing with properties that have Australian Pines ?~.- onsite which he identified on the building application. Code Enforcement Supervisor Clark suggested acknowledgement of the [olation by the property owner but with a period of perhaps one year for such violation to be removed, and Mr. Salgat stated that ts very ~; acceptable to him. ,. Mr. Clark reported a suggestion has been made that the environmen- talists make their inspection early on. ~ ~ ~ C~MISSIONEt~' COI~NICATIONS Bogurd~ng the North Naples Utilities, Contseloner Volpe reminded the Board of County Commissioners that staff had been directed to March 3, 1992 tl~ s~rvic~s of indep~ndent counsel and report b~ck as soon eJ P~lble. He announced this itel could be addressed by the Board as e~rl~ as z~ext Tuesday. He reported receipt of · faceilile letter fro~ z~Tw~e~ntatlv~e of the Long Shore Lake Residents Association ~~ the public hearing on this itel be held on March 24th. It ~ the con~nsu~ to honor the request of the Long Shore Lake ~~1~ Vol~ ~ced t~t Chert ~tlson do~t~ t.~ the ~W ~ c~ck ~e recet~ for ~tng dest~ated E~I~ of ~he ~mth f~r ~t~rch of 1992, for the purpose of purchasing ~rgency e~edt- (kestaston~r (k~dnlght rutnded everyone that, as next T~eeday ti ~r ~y, th~ sh~ld re~l~r to vote. ~l~t~r S~ders e~ressed a desire to again consider the L he.ring ~x~tner or independent board concept. He suggested County Attorney Cu~ler provide information regarding the Lee County Hearing Commissioner Shanahan stated he is desirous of bringing the Narco ,.,' lllm~ Airport Ms to eo~e sort of conclusion, and County N~nager Dorrlll s~ested there should be a report in t~eo ~eeks fro~ the D~mt-F ~z~utiv~ Director of DNR. Russ ~uller reported there is a kick-off Friday at 1:30 P.M. for the WalkAmerica event, which will take place on April 4th beginning at 8:00 A.M. · '' Co~at.eloner Shanahan ~oved, seconded by Coaslsstoner Hesse ~d c~rried 5/0, that the following tte~s under the consent &~enda be ap~wed and/or adopted: * ** ~ ?IH-IH ~&CI~I?I~S ACCePTeD E~ WXND$?AR - WITH S?IIMYLA?IO~ The Florida Department of Environmental Regulation furnlshei~ a letter authorizing the sewer system to be placed In ser- vice. That the Board of County Commissioners accept as surety the Irrevocable Standby Letter of Credit No. 102940 in the amount of $5,718. 000 ,: 85 Page ,, 1. Electrical Contractor's certification on lift station. 2. That the Board of County Commissioners accept as surety the Irrevocable Standby Letter of Credit No. L/C 6294 in the amount of $3,800. RECORDED IN OR BOOK "- PAGES See Pages '7~-- /7? lte~ ~l~A3 ***Facility acceptance documents not received in Clerk to Board Office as of 9/17/92'*** IrreSOLUTION 92-254 GRANTING PRELIMINARY ACCEPTANCE OF THE ROAIN~AY AND ~IN&~H ~i~M~]~T$ FOR "NORTH POINTE DRIVE, A PORTION OF PELICAN B~T ~ ~" - NITH STIPULATION 1. Accept the Performance Bond (posted with the Clerk) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of ali Improvements. See Pages 7F ]t~LUTI] 9t-155 GRANTING FIRAL ACCEPTANCE AND RELEASING THE ~ S~'IlitITT FOR THE ROADt~AY, DRAINAGE, WATER ~ SEWER ~ ~ "B~SHIRE LAE~$, UNIT FIVE" See Pages · U~z~TAL At3RE~[ENT NO. 1 PURSUANT TO CONTRACT TERM~ OF BID NO. 91-/?B4~ITH APAC, FLORIDA, IRC., AND BUDGET ~ FOR %~NG FR(I~ FUND 333 TO THE SANTA BARBARA BLVD. ROADSIDE DITCH PROJ~"T - IN TH~ AMOUNT OF $38,978 :,' Xtem ~1~C~ ~a~tinuod to 3/17/92 ~1B20 J~)R TIIIIXS COURT XMPR~S AT THE C0LLIE~ GOUNT~ '::'ZUI~XZ~T ~ -- &l~t~DKD TO U.S. TKI~KXS AND FITNESS OF ~ IN THK · .:' ~ OP ~/1,080 Page 30 ~arch 3, 1992 NOTICE OF FRC~TZSZ TO PAY AND AGREEMENT TO ~ GF TH~ GRANT OF I~Z'TLZTY EASEMENT FOR ~ XOYAL PALM TJkI~E GENERATOR MAZNTENANCI AND REPAIR REJECTED, AND STAFF ssawc~s IR~PO~T TO T~Z BOARD ON THE FAVORABLE 0UTCOM~ OF THE TRIA~ IN C/RCUIT COD~T IIrVOLVII~I~ TH~ GLADES PARCELS NO. ? AND 8 IN THE EMINENT DOt,AIR ~ OF COZ~I~R ~OUNT~ V. HITCHING POST, WAIVER OF TH~ C09~PETITIV~ ~ILECTIO]I ~ROC~S FOR T~E EXPERT PLANNER, AUTHORIZATION OF THE PAYME].~T OFTH~ FK~S OF THE EXPERT PLANNER IN THE TOTAL AMOUNT OP $10,403.86, AND &~T~OR/ZATION OF A NOT-TO-EXCEED AMOUNT OP $10,000 FOR FURTHER ANTICIPATED EXPENSES FOR THE APPEAL PROCESS ?-r **BOD~T AM~IlI~NT TO PA~ RENTS FOR THE EXISTING EAST NAPLES SHERIFF'S *OF~I~ ~TJkTION - IN THE AMOUNT OF $3,965.82 EXAMINATION OF TH~ SUFFICI~ OF BON~ ~I~O~UTIO~I 9~-1~6 AUTHORIZING EXPENDITURE OF FUNDS NOT TO EXCEED $1,OO0 ~ ~ OF DIMES "NALK AMER/CA" 1992 ACTIFITIH~ BID ~91-1~23 FOR ~EI~ERGENCY MEDICAL S~ICES ~I~~ A~ T0 '~ ~3g~&~l~/ON OF ~3[Z~TZNG PROFESSIONAL SERVICE CONTRACT WITH M.R. FRZZZELL J~, Z~K~., B~ $25,000 FOR NORTH NAPLES EM~RGENCT $~RVZCES ~ CON$'~GTZON PLAN RE-DESIGN 9q-- Page 31 March 3, 1992 ~i~ ~ ~ GP-I UNDER TH~ ANNUAL AGREE~ENT MITH GAMBLE, ~ ~ ~S~IA~S, INC., ~R ~0~SSION~ ~ITE~ ~~ ~ ~~TION 0F I~EK AI~ P~ See Pages Item #16H2 Hi~ EXP~]I~ES AND CHANGE ORDER FOR THE PARKS AND P~ECRKATION P~AS~ II P~O3~CT~ AND A ~ $16,500 LIMIT ~R · T. AUG~STXN~ FX-10 INCLUDED WITHIN ANN~AL BID ~91-17.88 AND/OR DELIVERY CONTRACT WITH JACARANDA L;dFDSCAPE SERVICES FOR TH~ MAINTKNANCE SKKVICE FOR THE FELICAN BAY SKNVI~S TH~ AMOUNT OF $363,~31 Item ,16H7 See Pages****Doctunent not received in Clerk to Board Office as of 9/17/92'*** ~.? ~ T~A~SFER FRO~ FUND 301, FACILITIES MANAGEMENT COUNTY-WIDE .... CIP TO F~ND 136, GOLDEN GATH BEAUTIFICATION - IN THE AMOUNT OF ~:' ~D~TIIII~EIIIIT TRANSFE]~ING F~T~DS FRCRR THE RESERVES OF FUND 131, ¥:~- M&~C~ Z~IDBEA~I'/FICATION - IN TH~ A~OUNT OF $19,000 t , ITIF~ T~ C~IH~ITI DI~X~I, PERMIT AND COI~TRUCT PHASE IX TO Tll ~AII~BXLT NKACH PA~K ACCESS AND TU~IAROUND 1990 TANGIBLE PERSONAL FROPERTY / 000E't~. 68 Page 32 March 3, 1992 ;"1990-124/1990-125 02/20/92-02/21/92 1991 TAX ROLL 136/144, 146/152 02/19/92-02/27/92 1991 T~GIBLg P~SOR~ P~O~ 1991-67/1991-70 02/24/92-03/02/92 I~[~,F,~I~$ COI~R~SPONDKNCl - FILED AND/OR REFERI~D The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: Letter dated February 12, 1992, to Commissioner Volpe from Robert Pennock, Chief, Bureau of Local Planning, Department of Community Affairs, re: Collier County Ordinance No. 91-110, notifying of Statement of Intent and Notice of Intent to Find the Comprehensive Plan Amendment Not in Compliance. Copies to BCC, Stan Litstnger, Neil Dorrill, and filed. Letter dated February 14, 1992, to Commissioner Hasse from Ronald Davis, Chief, Bureau of Housing, Department of Community Affairs, re: Audit Report for the Period Ending September 30, 1991; Contract Numbers: 90DB-49-09-21-O1-H05 and 91DB-57-OP-21-01-E19. Copies to Commissioner Volpe, Frank Brutt, Stan Litsinger, John Yonkosky, Mike McNees, Neil Dorrill, and filed. Grant Adjustment Notice dated February 10, 1992, to BCC from Bureau of Public Safety Management, Division of Emergency Management, Department of Community Affairs, re: Collier County Drug Enforcement and Apprehension Program, Grant Number: 91-CJ-28-21-09-01-036. Copies to Sheriff Hunter, Frank Brutt, John Yonkosky, Mike McNees, and filed. Letter dated February 18, 1992, to Commissioner Volpe from Robert Pennock, Chief, Bureau of Local Planning, Department of Community Affairs, responding to request re: tentative adoption and subsequent submission of recently proposed Comprehensive Plan amendments for Collier County. Copies to BCC, Stan Litsinger, Nell Dorrill, and filed. Letter dated February 14, 1992, to Chairperson, BCC, from Trudie D. Bell, Environmental Supervisor, Wetland Resource Regulation, Department of Environmental Regulation, enclosing application re: File 112084509 Collier County Water Management Department. Copies to Bill Lorenz, Frank Brutt, John Bolt, Harry Huber, and filed. 6o Copy to Collier County of Notice dated February 19, 1992, from Department of Environmental Re~ulation, re: Joint Application for Works in the Waters of Florida, File Number: 111990189, Applicant Name: Everglades City Trust. Copies to BCC, Harry Huber, Frank Brutt, and flied. Copy to Collier County of Notice dated February 20, 1992, from Department of Environmental Regulation, re: File Page 33 March 3, 1992 Number: 111979199, Applicant Name: Wiggins Pass Marine Co., Inc. Copies to Harry Huber, Frank Brutt, and filed. Copy to BCC of letter dated February 11, 1992, to Jeffrey A. Nunner, Hole, Montes & Associates, Inc., from Alfred B. Devereaux, Jr., Chief, Bureau of Coasta! Engineering and Regulation, Department of Natural Resources, re: approval of time extension, Permit File Number: C0-238, Permittee Name: CMK of Naples, Inc. Copies to Frank Brutt, Bill Lorenz, and filed. 10. Letter dated February 11, 1992, to Commissioner Shanahan from R. L. Lasseter, District Public Transportation Manager, Department of Transportation, re: Federal Transit Administration (FTA) Section 9 Allocation, FY 91-92, alloca- ting $75,000 of Section 9 funds to the Naples/Collier County MPO to conduct a transit feasibility/development plan. Copy to George Archibald, and filed. Letter dated February 11, 1992, to Commissioner Masse from Gerald G. Lott, P.E., District Traffic Operations Engineer, Department of Transportation, re: Notification of Changes in Traffic Regulations. Copies to Commissioner Shanahan, Jeff Perry, and filed. Letter dated February 14, 1992, to Commissioner Shanahan from Nick Serianni, State Public Transportation Administrator, Department of Transportation, re: Proposed Distribution Formula for Federal Transit Administration Section 8 Funds. Copy to George Archibald, and filed. 12. 13. Letter dated February 14, 1992, to Commissioner Shanahan from Patrick J. McCue, P.E., State Transportation Planner, Department of Transportation, re: Proposed Metropolitan Planning (PL) Funds Distribution Formula. Copies to George Archibald, Jeff Perry, and filed. Letter dated February 14, 1992, to Commissioner Shanahan from Norman Feder, District Director, District One Southwest Area Office, Department of Transportation, re: Proposed Transportation Improvement Program Amendment for WSPI Nos. 1114101 and 1142207. Copy to George Archibald, and filed. 14. 15. State of Florida, Division of Administrative Hearings, Docket No. 91-D1-NOI-1101-(A)-(N), Department of Community Affairs vs Collier County. Copies to Ken Cuyler, Frank Brutt, and filed. Minutes received and filed: Ao Environmental Advisory Board Agenda for February 5, 1992. 16. Marco Island Beautification Advisory Committee Agenda for February 4, 1992. Golden Gate Parkway Beautification Advisory Committee Minutes of November 12, 1991. Notice to Owner dated February 20, 1992, to Collier County from Tincher Concrete Construction, Inc., under an order given by Oren Construction, Inc., for concrete curbs and related items for Fire Station #21. Copies to Steve Carnell, John Yonkosky, and f~led. 17. Notice to Owner dated February 13, 1992, to BCC from Waste Management of Collier County, under an order given by McGuirt 70 Page 34 March 3, 1992 Installation, for solid waste hauling for Collier County Library. Copies to Steve Carnell, John Yonkosky, and filed. Notice of Hearing Before the Public Service Commission, Issued: February 21, 1992, re: Docket No. 9111§l-EI. to Mike Arnold, and filed. Copy '~'. Z~ dJ3.6L't ,~]~C~TX~OF A ~TAT~F~ORY DEED CONVEYING EXISTING RIGHT-OF-MAY TO THH ~ F~OF~RTY ~ AND ACCEPTANCE OF A RECONVEYANCK OF AN EASEM~HT F~ TH~ ~ 150 FEET OF TRACT 58, UNIT 33, GOLDEN GATH ESTATES See Pages There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 3:50 P.M. ,'C. -GILES% 'C~ERK BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL CHAIRMAN approved by the Board on or as corrected · m 000. . 71 Page 35