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BCC Minutes 10/04/1994 R Naples, Florida, October 4, 1994 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGUEJ~It SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Timothy J. Constantine VICE-CHAIRMAN: Betrye J. Matthews John C. Norris Michael 3. Volpe Burr L. Saunders ALSO PRESENT: Ellis Hoffman, Sue Barbiretti and Marilyn Fernley, Deputy Clerks; Neil Dorrill, County Manager; William Hargett, Assistant County Manager; Ken Cuyler, County Attorney; David Weigel, Assistant County Attorney; George Archibald, Transportation Services Administrator; BIll Lorenz, Environmental Services Administrator; Tom Olltff, Public Services Administrator; Mike Smykowski, Acting Budget Director; Robert Mulhere, Acting Current Planning Manager; Dick Clark, Community Development Services Administrator; Norris IJams, Emergency Services Administrator; Wayne Arnold, Acting Site Development Review Director; David Russell, Acting Solid Waste Director; Steve Camell, Purchasing Director; Bob Nonnenmacher, Licensing Compliance Officer; Jim Schultz, Code Compliance Investigator; Jerry Neal, OCPM Project Manager; Tim Clemons, Wastewater Director; Lieutenant Paul Canady, Sheriff's Office; and Sue Filson, Administrative Assistant to the Board. Page October 4, 1994 Tape el (45)~ Item W2 AGEM13A - APFROVED WITH CHANGES Commissioner Volpe moved, seconded by Commissioner Norris and carried unanimously, to approve the agenda with the changes as detailed on the Agenda Change Sheet. Page 2 October 4, 1994 (176) Item #ll CONSlilT AGENDA - APPROVED AND/OR ADOPTED The ~otton for approval of the consent agenda Is noted under Item (180)~ Item #3 MI~uI~S OF THE AUGUST 23, 1994 STRATEGIC PLANNING WORKSHOP - APPROVED Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously, to approve the Minutes of the August 23, 1994 Strategic Planning Workshop. (186); Item PROCLAMATION DESIGNATING OCTOBER, 1994, AS CRIME PREVENTION MONTH - Upon reading of the proclamation, Commissioner Saunders moved, seconded by Commissioner Matthews and carried unanimously, that the Proclamation designating October, 1994, as Crime Prevention Month be adopted. Mr. Allen Ladnet, President of the Collier County Neighborhood Watches, Inc. accepted the proclamation. Page 3 October 4, 1994 (305):, Item 14A2 FROCLAMATION DESIGNATING THE WF-EE OF OCTOB~-R 2-8, %994 AS NATIONAL 4-H Upon reading of the proclamation, Commissioner Norris moved, seconded by Commissioner Saunders and carrted unaniaously, that the Proclamation desi~nating the week of October 2-8, 1994 as National 4-H Week be adopted. The proclamation was presented to and accepted by Almee Wolfe, President and Aaron Brock, Secretary, of the 4-H County Council. Page 4 PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, LITEM ~SS MONTH - ADOPTED 1994, AS GUARDIAN AD Upon reading of the proclamation, Commissioner Volpe moved, seconded by Commissioner Matthews and carried unanimously, that the Proclamation designating the month of October, 1994, as Guardian Ad Lttem Awareness Month, be adopted. Karen Landy, Collier County Guardian Ad Lttem Coordinator thanked the Commission and accepted the proclamation. Page 5 October 4, 1994 (677) Item #iA4 PROCLAMATION DESIGNATING THE WEEE OF OCTOBER 2-9, 199&, AS MENTAL ILLNESS AWARKN]~SS WEEK AND TUESDAY, OCTOBER 4, 1994, AS MENTAL ILLNESS AMAREN~SS DAY - ADOPTED Upon reading of the proclamation, Commissioner Constantine moved, seconded by Commissioner Volpe and carried unanimously, that the Proclamation desi~nating the week o~ October 2-9, 1994, as Mental Illness Awareness Week and Tuesday, October 4, 1994, as Mental Illness A~fareness Day, be adopted. Kathryn Lelb, Executive Director of The Alllance for the Mentally Ill, accepted the proclamation. Page October 4, 1994 (83s)~ Item 14A5 ~LAMATION DESI~ATING ~E MONTH OF OCTOB~, 1994, AS QU~I~ MONTH -ADOPTED Upon reading of the proclamation, Cosualesioner Matthews moved, seconded by Commissioner Volpe and carried unanimously, that the Proclamation designating the month of October, 1994, as Quality Month in Collier County be adopted. Commissioner Matthews presented the proclamation to the following persons: Dr. Jane Polkowski of the Collier County Public Health Unit Becky Vice of the City of Naples Terry Hall of Florida Power and Light Company Tim Holland of Naples Community Hospital Maryann Plamonden of Naples Day Surgery Karen Kocses of Collier County Government Russell Budd of Distinctive Homes of Southwest Florida Elizabeth Cook of the Ritz Carlton Hotel Dennis Devenier of Defense Research, Inc. Page October 4, 1994 (9v5) Item'#4A6 PROCLAMATION DESIGNATING OCTOBER 5, 1994, AS DR. SUSAN SHORT DAY IN COLLrZR COUNTY - ADOFrED Upon reading of the proclamation, Commissioner Matthews moved, seconded by Commissioner Norris and carried unanimously, that the Proclamation designating October 5, 1994, as Dr. Susan Short Day in Collier County be adopted. Dr. Susan Short accepted the proclamation and thanked the Board. Page 8 October 4, 1994 (1087) Item e4B EMPLOYEE SERVICE AWARDS - PRESENTED Commissioner Constantine congratulated and presented Employee Service Awards to the following Collier County employees: John Ure - 10 years, Facilities Management Tom McDaniel - 25 years, Long Range Planning (ll&0) Item #5 BUDGET AMENDMENTS 94-680; 94-682; 94-693; 94-~05/707 - ADOPTED Acting Budget Director Smykowski requested approval of six budget amendments associated with FY 1994. Commissioner Norris moved, seconded b~ Commissioner Matthews and carrie~ unanimoumly, that Budget Amendments 94-680; 94-682; 94-693; 94-705/?07 be adopted. (1150) Item WENDELL M. ROLLASON, OF THE REDLANDS CHRISTIAN MIGRANT ASSOCIATION RE · nz REDUCTION OF ROAD IMPACT FEE - STAFF TO PROVIDE TRAFFIC ANALYSIS AND I~EPORT BACK ON 10/18/94 Mr. Wendell Rollason, Executive Vice President of the Redlands Christian Migrant Association, requested Board consideration for the reduction of the road impact fees for a facility in Immokalee which will not generate any new vehicle traffic. Mr. Rollason explained that the child care center will continue to accommodate 200 children. He pointed out there will be three addi- tional staff persons, in addition to the current 51 positions. Mr. Rollason requested a reduction of 813,000 in road impact fees. County Attorney Cuyler advised that staff does not believe there is a mechanism to grant the requested reduction of impact fees. He indicated that staff will further research this issue. Commissioner Constantine suggested that this item be placed on the October 18, 1994 Board agenda. Transportation Services Administrator Archibald explained that the .o,, riCO,',;: 21 Page 9 October 4, 1994 ordinance contains a provision where if for some reason the activity does not fall within one of the categories, a site specific traffic analysis can be made. He affirmed that staff is more than willing to meet with the applicant and review same. It was the consensus of the Board that staff provide a traffic analysts and report back on October 18, 1994. (1380) Item eTB ROBERT F. ROGER OF CUMMINGS & LOCKWOOD RE CASE NO. 20722-034, CODE COMFLIAMCE - PETITION DENIED County Attorney Cuyler advised that under the terms of the Weed Abatement Ordinance, the petitioner has met the time lines for the appeal of the amount that was assessed against him. Mr. Robert Rogers advised that he is representing Mr. David Spieth who is appealing an assessment of his property. He provided the Board with an index of the points to be addressed and an affidavit from Mr. Spieth, who is not in attendance (copies not provided to the Clerk's Office). Mr. Rogers explained that the amount of the assessment for the removal of exotic plants exceeds $12,000 and staff has agreed to reduce that amount by $1,000. He cited that his client does not believe this is satisfactory. Mr. Rogers noted that the County investigated the property in 1992 and he received a complaint with regard to Australian Pines. He noted that the complaint was tabled until 1994, due to pending litigation with respect to the Ordinance. Mr. Rogers reported that a notice was sent to Mr. Spieth to a post office box in Ohio, however, that notice was not received. Mr. Rogers revealed that the tax assessment of Mr. Spleth's pro- perty is approximately $21,000. In response to Commissioner Volpe, Mr. Rogers explained that according to the ordinance, his client did receive notice, however, according to due process, he did not receive notice. Page 10 October 4, 1994 Mr. Rogers pointed out that there was a "For Sale" sign on the property and staff could have contacted the realtor. Mr. Rogers referred to various Supreme Court cases with regard to "notices" and hearings. Mr. Rogers called attention to a photo contained within the staff package, depicting other prohibited exotics on an adjacent property. Mr. Rogers noted that staff received three bids ranging from $7,000 - $13,000 for the removal of the Australian Pines. He indi- cated that the subject property is now barren and Mr. Spteth believes he could have had the exotics removed for less than $3,000. Mr. Rogers remarked that it appears that the tree service removed everything from the property and the ordinance provides for reasonable steps. He pointed out that the water/sewer assessment of 86,463.53 coupled with this assessment of approximately 813,000 equals over 90% of the value of the property. Mr. Rogers stated that his client~s choices are limited and he could tell the County to take the property since it is of no value to him; or, he could sue the County since the value of the property is diminished by the clearing of the entire lot, in addition to the value of the timber which was taken. Mr. Rogers requested that the Board consider the fact that his client never did receive the notice, and that the assessment be reduced to zero. Commissioner Norris remarked that anyone could circumvent the pro- cess by simply denying that they every received notice. Commissioner Saunders voiced concern with the scope of the work that was done, and cited that the photos depict that the property is now barren earth. With regard to the issue of the notice, Commissioner Volpe etated that he believes staff has complied with the ordinance. Jim Schultz, Acting Code Enforcement Director, referred to Page 53 of the Case Summary. He noted that Australian Pines were encroaching on the ad3acent property. He remarked in lieu of Hurricane Andrew in Page 11 October 4, 1994 1992, if another storm hit Collier County there could have been severe damage. He Indicated that Australian Pines are very brittle and snap at the top. He pointed out that Page 53 depicts the size of the trees and the house on the neighboring property. He affirmed that there were 15 trees, 40'-50' In height. Hr. Schultz revealed that Hr. Spleth accepted regular mall, however, he chose not to accept certified mall. Mr. Schultz stated that it does appear that the lot is devastated, however, every tree on the lot was exotics, I.e. pepper hedges, mela- leuca and Australian Pine. He emphasized that the people living next door to the subject property were placed in great Jeopardy, had the trees not been removed. Ms. Ltnda Willlama, realtor, stated that she was not aware of any work being done until she was advised by Mr. Spteth that the trees had been taken out and requested that she look Into the matter. Commissioner Volpe stated that he assumes the actions taken by the County are reasonable and it would be the pettttoner's burden to over- come same by some proof that what was done was not reasonable under the circumstances. Commissioner Saunders noted that the County also has the respon- sibility to make sure that property owners are treated properly and in no Instance is the property owner punished in terms of the cost for clearing the land. He cited that staff should have recognized that there was a flaw in the way the project was bid and should have re-bid same. Acting Community Development Administrator Clark advised that the post office notified the petitioner to pick up his mall on three dif- ferent days for this one notice. He affirmed that Australian Pines are Inherently dangerous. In answer to Commissioner Norris, County Attorney Cuyler revealed that there is no legal question that there was an inappropriate pro- cess and there is no set legal requirement that the County shall have three bids. Page 12 October 4, 1994 Commissioner Matthews explained that the Ordinance requires that these exotics be removed when a building permit Is issued and Development Services relates that the Australian Pines present a danger and need to be removed because of same. She cited that it appears that the $12,000 bid was for removing everything and not merely the Australian Pines since it would not cost that much to remove 15 trees. Tape ~2 Mr. Schultz explained that there were 15 huge Australian Pines very close to the house next door, however, there were many more trees removed from the property. Cmisstoner Volpe moved, seconded blF Commissioner Norris and carried 3/2 (Coxatseloner Saunders and Matthews opposed), that the petttloner's appeal be denied based upon the ~tndtng that proper notice was given, in compliance with the ordinance, and that the County, in enforcing the ordinance, ~ollowed all of the proper proce- dureso (160) Item CHARLES J. DAURAY, PRESIDENT OF THE COLLIER COUNTY HISTORICAL SOCIETY, INC. R~ ~ug~OON GALLERY - TO BE BROUGHT BACK ON 10/11/94 WITH ILTZRNATIVES FOR SPECIFIC FUNDING SOURCE Mr. Charles Dauray stated that the Collier County HIstorical Society, through the years, has endeavored to succeed In Its mission and as part of the mission policies, decided to build a Collier County Museum as a repository for those Items which are an Integral part of the heritage and history of the County. Mr. Dauray reported that Dr. Earl Baum's collection of 182 rare and unusual species of fish, birds and animals was given to the Historical Society. He explained that in the endeavor to house this collection and recognize the activities and donations of Mr. George Huntoon, the Society decided to raise $100,000 to build an addition to the museum to be named the George Huntoon Gallery. Mr. Dauray advised that the Society has had the good fortune of Page 13 October 4, 1994 receiving the donated Esplanade Home and in less than a year the home has been moved from 26th Avenue North to the Huesum site at a cost of 827,000. Mr. Dauray stated that the Dr. Baum collection has been moved to the partially completed George Hunroom Gallery and the Society has expedited its activities to raise as much money as possible to prepare the gallery for public showing and public use. He revealed that $45,000 has been raised. Mr. Dauray announced that the dedication of the Gallery will take place on November 5, 1994 during "Heritage Days" at 4:00 P.M. He requested that the Board find a means to help the Society complete the project which would take approximately $6,000. It was the consensus of the Board that this request be presented as a regular agenda Item in one week and staff to come back with alternatives for a specific funding source. (475)- RICHARD WIEGOLD R~ THE COUNTY' S FROPOS~D STOCKPILE AND CONSTRUCTION ABAIDO!~EFZ ORDINANCE Mr. Richard Wlegold, President of the American Subcontractors Association of Collier County (ASA), stated that an ordinance requiring fencing of all stockplied materials in excess of six feet is not the answer. He pointed out that state laws, OSHA, and pro- fessional license standards of practice establish appropriate safety measures and procedures to minimize the possibilities of accidents on construction sites. Mr. Wtegold advised that ASA believes that the Board of County Commissioners may not realize the vast number of activities that Involve the stockpiling of materials, I.e. schools, golf courses, shopping centers, single family homes, multi-family homesites, munici- pal parks, ballfie/de, roadway projects, utility projects, beach renourlshment projects, etc. Mr. Wlegold explained that ASA, in coordination with the Collier Page 14 October 4, 1994 County Builders Association, Collier County Pool and Spa Association would like to offer an alternative of an educational program for the schools. He urged the Commission to vote "No" on the proposed ordi- nance on October 11th. The following persons spoke with regard to this item: Meltnda Shaw, Executive Director, ASA Kathleen Batlie Gary Hayes No action was taken on this item. see Recessed: 11:00 A.M. - Reconvened: 11:20 A.M. at which time Deputy Clerk Barbtrettt replaced Deputy Clerk Hoffman ,,e (686) Item ~A2 PUBLIC HEARING DAT~ SET FOR DRI-93-1, PELICAN MARSH - meARING DATB SET FOR JaRUARY 24, 1995 Bob Mulhere, Acting Current Planning Director, requested that the Board agree to the date of January 24, 1995, as a public hearing date for DRI-93-1, Pelican Marsh. Commissioner Saunders moved, seconded by Commissioner Norris, and cattiest unanimously, that the date of January 24, 1995, be set am a public hearing date for DRI-93-1, Pelican Marsh. (731) Item ~A3 RESOLUTION 9&-722 RE APPROVAL FOR RECORDING THE FINAL PLAT OF PORTOFINO AT RELICAN MARSH - ADOPTED Mr. Mulhere stated that Staff has reviewed all the requirements and found that the plat complies with the Land Development Code. Commissioner Saunders moved, seconded by Commissioner Matthews and carried unanimouslW, to approve the recording the final plat of Portofino at Pelican Marsh, thereby adopting Resolution 94-722. Page October 4, 1994 : (746) Item ~eB3 APPROVAL OF BOUNDARY FOR A REVISED NORTH NAPLES ROADWAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT (LIVINGSTON ROAD PROJECT) - STAFF DIRECTED TO PROCEED WITH ORDINANCE & PROPOSED BOUNDARIES Transportation Services Administrator Archibald stated that this item involves the Livingston Road Project as a follow up to the Board's direction. Mr. Archibald stated that it involves two items. He said that the first is the boundary for a revised optional Municipal Service Taxing and Benefit Unit {MSTBU). He stated that Staff is presenting sketches outlining the boundary that could function to be a catalyst for the construction of a northern improvement to Livingston Road. He explained the color coded sketches. He stated that according to Board direction Staff is pursuing the creation of two separate districts. He said that Staff recommends creating a northern boundary and not creating a southern boundary. Mr. Archibald stated that the other force behind creating dif- ferent boundaries is to address the concerns of the Imperial Golf Unit 5. He revealed that another function is to address all the parcels that may not be economically feasible for connecting to the new road- way. He stated that the northern boundary as depicted in Attachment 2 is one that has been worked out with the development community. He noted that it is the boundary of the major developments. He said it excludes Imperial Unit 5 and a number of smaller parcels that do not have frontage on the proposed roadway or where it would be difficult and costly to create that access at this time. Transportation Services Administrator Archibald requested that the Board review the proposed boundaries and direct Staff to proceed with finalizing the proposed Ordinance with this northern boundary and the northern segment of the MSTBU and simultaneously retaining the existing MSTBU. He said that developing a separate MSTBU would pro- vide the options of considering an assessment or consider a taxation of that area in FY 95/96. He explained that Staff did not make a Page 16 October 4, 1994 recommendation on the southern district because the smaller parcels are being excluded and at the southern end only two property owners are involved. He said that it would not be economically feasible to proceed with the Ordinance procedure with only two property owners in the MSTBU. Mr. Archibald stated that the second item is the proposal to proceed with the mitigation aspect of the permitting with the South Florida Water Management District (SFWMD). He said that this outline has been developed by Staff to perform a series of activities that relate to flnaliztng the permit for Livingston Road with SFWMD. He stated that there is $100,000.00 currently budgeted for this measure and the activities outlined total approximately $87,401.00. He said that Staff is requesting Board direction to proceed with the Ordinance for the northern MSTBU and requesting Board approval to proceed with this phase of the permitting for that segment of roadway. In response to Commissioner Norris, Mr. Archibald confirmed that the northern boundary is almost undeveloped property. He said that it is made up of parcels most of which have been subjected to a rezoning or development of PUD documents. Commissioner Volpe stated that he supports reconfiguration of the boundary lines. He asked why Staff wants to keep the original MSTU in place? He said that the primary purpose was to fund capital improve- ments for Livingston Road. Commissioner Volpe stated that work had been previously authorized by the Board as it relates to environmental permitting for the segment of Livingston Road. He said that $80,000.00 to $100,000.00 had been authorized to the consulting engineers to pursue the permitting pro- cess. He asked if this is an additional 887,000.007 Transportation Services Administrator Archibald replied in the affirmative. He explained that it is the most critical item in regard to finalizing the proposed permit application. Commissioner Volpe asked if the first phase of work has been concluded? Page 17 October 4, 1994 Mr. Archibald replied that the first phase of work has not been completed on Livingston Road. He explained that this permitting effort is a follow up on the contacts with SFWMD and environmental studies for off site mitigation. Mr. Archibald confirmed that this item will be presented to the Board once again after the Ordinance is prepared. He pointed out that a Supplemental Agreement will be presented at that time for this work. He said that if the Board wishes the proposed Ordinance can include the rescinding of the existing MSTBU. He stated that there is pre- sently no need for the existing MSTBU although it may be needed in the future. ~testoner Volpe moved to direct Staff to advertise an Ordinance reconft~urtng the North Naples Roadway Municipal Service T~xtng Benefit Unit in accordance with the proposed outline as presented and that the advertised public hearing consider the repeal of the previous Ordinance that had created the Livingston Road MSTU. Seconded b~ Commissioner Matthews. Upon call for the question, the motion carried unanimously. (1187) Item ~8C1 BCC CONSIDERATION OF AN AMENDMENT TO THE MANAGEMENT PLAN FOR THE BAREFOOT BEACH RESERVE PROPOSED BY THE BAREFOOT BEACH HOMEOWNERST MASTER ASSOCIATION - STAFF DIRECTED TO DEVELOP PROPOSAL FOR PLACEMENT OF APPROPRIATE SIGN, ENFORCEMENT TO INSURE THAT BOTH GATES REMAIN OPEN DURING PARK HOURS, VERIFY LEGALITY OF GUARDHOUSE, ASSIST HOMEOWNERS WITH PARKING PROBLEMS, DEVELOP AMENDMENT TO LAND MANAGEMENT PLAN TO ALLOW SIgN PLACEMENT IF NECESSARY Public Services Administrator Olliff recalled that two weeks ago a public petition was presented with a proposed amendment to the Land Management Plan for the Barefoot Beach Parking Preserve. He said that it was Staff's understanding that the actual amendment to the access issue was that the current Management Plan allows for the public to proceed directly past the guard gate to the preserve entrance where traffic, access and parking are controlled. He explained that at the point where the parking lot is full the traffic Is directed to turn around at that point and return to access on Bonlta Beach Road. He Page 18 October 4, 1994 said that the amendment that was proposed was to provide an additional gatehouse to be located approximately 100 feet behind the gatehouse that is currently tn existence. He said that a park ranger would be in the gatehouse. He stated that in addition to the park ranger an additional employee would be stationed back at the preserve parking to determine the availability of parking spaces. He confirmed that these two positions and construction of the guardhouse will be funded by the Homeow~er's Association. He said that the positions would only func- tion during peak season. He said that if the parking lot is full, the Park Ranger would display a sign Indicating that the lot is full, however the public could proceed into the preserve if they choose to. Mr. Olliff indicated that we are functioning under the Management Plan the way it has been originally structured. He confirmed that in the last year there was an unusually high number of visitors to the preserve. He said that this may be attributed to the fact the Lee County/Bonita Beach Park was closed due to construction during the peak season. In response to Commissioner Constantine, Mr. Olliff confirmed that this proposal is similar to one proposal presented to the Board a year ago. In response to Commissioner Matthews, Mr. Olltff replied that if the sign is posted indicating that the parking lot is full the public would have two choices; they could turn around at that point and exit onto Bontta Beach Road or proceed to the preserve and wait for a parking space or drop off anyone at the beach. Commissioner Volpe pointed out that there is a parking lot at the north end. He asked what the usage is? Mr. Olliff indicated that usage is very high. He stated that through August of this year, approximately 96,000 vehicles have entered the preserve. In response to Commissioner Volpe, Mr. Olliff confirmed that there are 100 parking spaces. In response to Commissioner Volpe, Mr. Olltff explained that the Page 19 October 4, 1994 maintenance facility has not been constructed yet. He stated that at the present time a park maintenance crew and their equipment is brought to the park by truck. In answer to Commissioner Volpe, Mr. Olliff confirmed that at the present time there is not signage to indicate that the park is full. Mr. Olliff indicated that under the current Management Plan the County is required to provide quarterly reports to the State indi- cating park usage, any new improvements and any unusual occurrences. Commissioner Volpe stated that the Management Plan had originally contained some provisions that were different than those in the current approved Plan. He asked if the State has changed its* posi- tion regarding access management? Mr. Olliff stated that the County is currently functioning under that same Management Plan. He said that the State has not recommended any changes. At the request of County Manager Dotrill0 Mr. Olliff pointed out the location of the current north end parking lot on the diagram he provided. He then indicated the portion of the property owned by the County. The following people spoke on the subject: Richard Timbers Robert Sander Susan Ktnsella Joanne Ryan Charles W. Pickett Gary Klnsella Tape ~3 Barbara Hickman Barbara Donsky Marianne Sander Robert G. Jones Richard Dempsey Anthony Marra Recess: 12:30 PM - Reconvened: 1:45 PM At this tins, Deput7 Clerk Fernley replaced Deputy Clerk Barblretti Anthony Ptres George Keller Rip Perry Jack Pointer Victor Rosenberger Flo Mortensen Kaydee Tuff Bob Krasowski Emily Maggio MarJorte Ward Beverly Banks Don Dawson Barbara Batsman Monty Lows John Stanley Dave Ward Commissioner Norris questioned why the residents of Lely Barefoot Beach are unable to have cars towed away that are parked on private property? Page 20 October 4, 1994 David We/gel, Assistant County Attorney, responded that action can be taken by a private property owner if the vehicles are on private property but if the cars are in the right-of-way and the area is designated as a no-parking zone, then enforcement falls to the police authority. In response to Commissioner Matthews, Mr. Weigel informed that the automobiles would likely receive a written citation first and then towed. Commissioner Saunders questioned if there are restrictions which would prohibit the legallzatton of parking along the roadway in the vicinity of the Park in order to expand the number of parking spaces and does sufficient space exist to effect same? Mr. Weigel indicated that restrictions would not be insurmoun- table to making the necessary changes to allow for parking along the road near the Park. County Attorney Cuyler stated that the County may only have easement rights which may preclude parking rights. Mr. Wetgel mentioned that the County only has ingress and egress rights over the 60 foot wide stretch and the road is 26 feet wide. Mr. Cuyler pointed out that the County may own property in the area where additional parking can be effected. Commissioner Saunders indicated that the need for increased parking in the area has been discussed for years and the issue needs to be addressed. Commissioner Saunders questioned whether Staff has investigated the legality of the guard house? Mr. Weigel explained that Staff needs to further review the lega- lity of the guard house before a positive determination can be made. Commissioner Saunders pointed out that case law exists where if a governmental entity issues a permit for a structure and the permit was issued illegally, that does not give the owner of the structure the right to leave the structure where it was illegally placed. Mr. Weigel concurred with Commissioner Saunders. Page 21 October 4, 1994 Commissioner Volpe clarified that the figure as to the number of cars entering the Preserve of 137,000 to 189,000 came from County Staff. He indicated that commitments for stgnalizatlon at Lely Barefoot Beach Boulevard are in place and will coincide with the four (4) laning of Bonita Beach Road which is expected after the first of the year. Commissioner Volpe explained that County public officials would not declare that a safety hazard exists if that were not the case. Commissioner Volpe pointed out that representation was made that the road is public which is not true; this is a private road with a public easement. Commissioner Volpe stated that the issue to be addressed is noti- fication for the convenience of the public when the parking lot is full and whether it is appropriate to place a sign indicating same. He explained that other restrictions on access he cannot support. In response to Commissioner Volpe, Mr. 011iff indicated that an additional 100 parking spaces is allowed in the Preserve area and is budgeted in FY 95 to be completed before season. In response to Commissioner Volpe, Mr. Weigel indicated that the 1987 Access Use Agreement between the County and Lely Development is a legal and binding agreement. Commissioner Constantine indicated that the homeowners may have been misinformed when reading the advertisements for Lely Barefoot Beach regarding the privacy they might expect. Commissioner Constantine stated that when letters were transmitted to the State that each of the Commissioners were in favor of the proposal it was misleading in the very least and untrue. Capt. Graham, Collier County Sheriff's Office, stated that the citizens of Lely Barefoot Beach contacted the Sheriff's Office rela- tive to Illegally parked cars, heavy traffic and concern for bicyclers, skaters and pedestrian traffic. He explained that obser- vations were made that legitimate concerns existed and the officers began enforcing the law regarding speeding which is what any law Page October 4, 1994 enforcement department would do -- protect the community. Capt. Graham indicated that construction trucks, delivery trucks, residents, friends of residents, as well as park visitors were observed in the area and a recommendation was made for reducing the flow of traffic which is contained in the letter from the Sheriff's Office: notify the public and let them know the park is closed. He pointed out the Sherlff's Office received a call for service, the service was provided and a recommendation made. In response to Commissioner Constantine, Capt. Graham explained that when the Sheriff's Office first responded to citizens' complaints, Deputies started enforcing the speed limits but later found out that the County cannot enforce the speed limits because the road is private and the County has no authority to remove the speed bumps. In response to Commissioner Volpe, Capt. Graham explained that his letter is comprised of information provided by his unit and his own observations. In response to Commissioner Volpe, Capt. Graham stated that any time official letterhead is used, the correspondence must be approved by the Sheriff. Commissioner Constantine pointed out that a sign is not posted on U.S. 41 notifying traffic that Delnor-Wtggtns State Recreation Area is full in an attempt to ease traffic flow on lllth Avenue North. Commissioner Constantine pointed out that an enormous amount of organizations and citizens have been heard from in opposition to this proposal. He indicated that 137,000 to 139,000 visitors equates to 380 daily which will rise during season but with a turn-around of two to three (2-3) per parking space per day, 650 daily parking places are available. Commissioner Constantine mentioned that the 750 families generate a number of trips per day plus the construction and delivery traffic so when subtracted from the total number of trips per day, the numbers are not so high. Page 23 October 4, 1994 Commissioner Constantine pointed out that it is offensive when a representative of the Homeowners Association declares "We have not and will not" abide by the existing management plan. He stated that this is ignoring the law while those same people are now requesting adjust- ments to the park that they plan to follow. Commissioner Constantine questioned why the gate remains down if not to discourage the public? He stated that public access is the key issue and the law needs to be followed, i.e. gates will remain open during the day. Commissioner Constantine requested that Staff ensure that the gates remain open as mandated and check the legality of the guard house. Commissioner Matthews stated that approximately one (1) year ago when this issue was discussed, she suggested at that time that traffic traveling to the Preserve utilize the extreme right hand lane which is presently the resident/owner gate and at that time the Commission was told emphatically that plan could not be reconftgured; however, what is being presented today is exactly a reconfiguratton. She pointed out that last year she also suggested placing a sign on Bonita Beach Road to alert the public that the Park is full and at this point, she is not willing to go any further. Commissioner Norris indicated that he is not in support of removing the existing guard house because it is necessary for the security of the residents when the Park is closed at night but he does not support another gate house either because of the restriction of public access. He stated that notification to the public that the Park is full is necessary, and can be achieved through signage, remote controlled or manually, and a County Parks and Recreation employee should make the decision. He encouraged the homeowners and/or Staff to investigate a mechanism for towing illegally parked cars. Commissioner Saunders mentioned that the compromise is having the guard house remain where It presently exists with the gate open at all times during Park hours and to effect a sign notifying the public when Page 24 October 4, 1994 the parking lot Is full. Commissioner Volpe concurred with Commissioner Saunders that any further action would be inappropriate and recommended providing suf- ficient space for vehicles to safely execute a turn-around when necessary to exit because the parking lot Is full. Commissioner Matthews pointed out that the sign should be placed on Bontta Beach Road so that vehicles need not turn onto the road when the parking lot is full. Commissioner Constantine recommended that the suggested electro- nic sign include space notifying travelers that the Park is open or closed as well as when the parking lot is full. He suggested that the current management plan be enforced as currently written, I.e. the gates to remain open during Park hours, and that the current guard house be investigated for legal placement so that the issue'does not come back to haunt the Commission in the future. Commissioner Matthews stated that Commissioner Norris recommended that Staff Investigate parking along the right-of-way of the road to accommodate more visitors and suggested pursuing same. Commissioner Norris pointed out that the Issue of towing tile- gally parked cars needs to be addressed by the property owners and Staff can provide assistance If needed. County Manager Dotrill questioned if Staff should explore a small roadside sign similar to that which notifies truck drivers whether a weigh station is open or closed and/or a standard municipal sign with some type of electronic device below notifying that the Park is open, closed and when the parking lot is full. He explained that a walkte talkie operated by the Park Ranger could send a radio signal to the sign for changing purposes. Ceeatel~oner ~orrll moved, seconded b~ Commissioner Volpe, that Staff lnveet~ffate installation of · sign, preferably electronic, indi- cating that the Park Is open or closed and if the parking lot is full; check and enforce the Stale Manageaent Plan Agreement as it currently exists, including both gates remaining open; verify all legal work PaVe 25 October 4, 1994 relative to the Quard house; and Staff to provide support to the hoM~enere usoctatton relative to corrective action for the illegally parked cars problem. Commissioner Matthews stated that the State's Land Management Advisory Committee (LMAC) needs to be contacted relative to whether the sign can be erected. ~tasloner Norris amended his motion and Commissioner Volpe amended his second to Include contacting the State's Land Management Advtsor~ Committee (LMAC) to ascertain if a sign can be legally erected. Upon call for the question, the motion carried ~/0. see Deputy Clerk Hoffaan replaced Deputy Clerk Fernley at this time see (379) Ite~lBD1 AUTHORIZATION TO CONTINUE THE USE OF THE DAVIS WATER & WASTE INDUSTRIES, INC. BIOXIDE FOR CONTROL OF HYDROGEN SUEFIDE ODOR - APPROVED Utilities Wastewater Director Clemons requested authorization to continue the use of Davis Water & Waste Industries, Inc. Bioxide Odor Control System for the control of Hydrogen Sulfide Odors at the South County Regional Wastewater Treatment Facility and North County Regional Wastewater Treatment Facility. Mr. Clemons requested that the bidding process be waived. He noted that this product has been used since 1992 and staff has approached the Board on an annual basis to obtain reauthortzation for this product. Commissioner Norris moved, seconded by Commissioner Matthews to continue the previous waiver of the formal bid process and authorize the continued use of the Davis Water & Waste Industries, Inc. Bioxide process and staff be authorized to issue the necessarv purchase orders for FY 94/98. Commissioner Volpe remarked that this is an annual process and questioned whether there is an opportunity to buy a sufficient quan- Pa~e 26 October 4, 1994 tity of material to begin the new fiscal year and then go through the competitive bidding process. Mr. Clemons replied that he has not explored this option, but will follow the desired direction of the Board. County Manager Dotrill suggested that the Board authorize the request and allow staff to determine in the interim whether there are any similar products available and come back to the Board in two months to begin the sealed bid process if those products exist. Upon call for the question, the sotion carried unanimously. (525). Item~81ll RECOleeKIDATION THAT THE BOARD OF COUNTY COMMISSIONERS ENTER INT0 NEGOTIATIONS WITH WASTE MANAGEMFNT, INC. OF COLLIER COUNTY RE RFP #94-2227 FOR LANDFILL OPERATIONS AND SITE 0PTIMIZATION - WASTE MANAGB3(KNT, INC. TOP RANiCED FIRME STAFF TO NEGOTIATE FOR ALTERNATE #1; WOIt3L~HOP TO BE HELD ON 10/19/94 AT 7:00 P.M. AT GOLDEN GATE COliCUNITY CENTER County Manager Dorrtll recalled that approximately 12 months ago, a workshop was conducted and the Board made a policy decision with respect to the Landfill. He indicated that since that time there have been seven additional public meetings. Environmental Services Administrator Lorenz explained that the Board is being requested to consider proposals from three outside ven- dors in addition to a proposal from the Solid Waste Department. He affirmed that the RFP was structured to provide base proposals and alternate proposals. He indicated that the proposers were required to opttmlze the existing facilities and to maintain the processing and recycling of construction demolition debris, biomass, tires and white goods at the current rates. Mr. Lorenz pointed out that Page 1 of the Executive Summary reflects the base proposals from each of the proposere. He noted that Chambers submitted the highest tipping fee at 850.44. Me advised that Waste Management submitted the lowest tipping fee of $14.92. Mr. Lorenz called attention to the site life which varied from the County's proposed 17.7 years and Addington's proposed 26 years. He Page 27 October 4, 1994 stated that Waste Management proposes a site life of 21 years. Mr. Lorenz advised that Addington proposes 13.05 million tons, however this may be off by 3 million tons due to double counting the Immokalee Landfill. He cited that the Waste Management proposes 7.42 million tons and the County proposes 5.97 million tons. Mr. Lorenz remarked that Addington Environmental's proposal con- tained several points of concern as listed on Page 2 of the Executive Summary. He advised that Addington assumed that ownership would remain with the County, however, the RFP assumes ownership by the pro- poser. He revealed if the County retains ownership, it would be the responsible party for all permits and the capital. In addition, he noted that Addington's plan does not include space for continued material processing or alternative technologies as required by the RFP; does not include the cost of backfilling old Cells 1 & 2; does not include information on operating costs, capital costs, closure costs, gas management system costs or annual profits as required in the RFP. He noted that Addington assumes off-site mitigation and pre- serve areas. Mr. Lorenz stated that the County currently has $7 million in Reserves for funding capita/projects and the RFP allowed the propo- sers to assume that they would have this money to build those pro- Jects. He indicated that Addington structured its tipping fees based on receiving that money, however, Waste Management said they did not need that money and it would remain in Reserves. Mr. Lorenz related that Chambers Waste Systems of Floridawe propo- sa~ offers to transfer the County'$ waste stream to its regional land- fill in Okeechobee County and a five year contract with three additional five year term renewals. Mr. Lorenz advised that Waste Management's proposal is fully responsive and all space is maintained within the landfill sites for the various material processing centers. He remarked that space is also maintained for future implementation of alternative technologies. He noted that the proposed tipping fee requires a minimum of 701 tons Page 28 October 4, 1994 per day. Mr. Lorenz affirmed that the Collier County Solid Waste Department's proposal was not the lowest bid, however, the tipping fee of $23.55 is the fee that was proposed for the disposal of the line cell tonnage and this is less than the current $25.00 tipping fee because transfer operations at the hazardous waste collection center are subsidized. Mr. Lorenz reported that Alternative Proposals are contained on Page 3 of the Executive Summary. He pointed out that Waste Management proposes an elevation of 155 feet, noting that this additional eleva- tion would provide additional capacity, and therefore, additional landfill life. Mr. Lorenz pointed out that Page 4 of the Executive Summary describes Alternative Technologies. He revealed that Waste Management provided a schedule Indicating the amount of volume reduction asso- ciated with increased tipping fees. He remarked if the waste deli- vered to Waste Management for burial decreases there would be a corresponding increase in the tipping fee. Mr. Lorenz stated that the last item staff would like to present to the Board is the finite time of capacity at the landfill of 17 to 21 years. He recalled previous Board direction and requested confir- mation with regard to staff exploring a new landfill site. In conclusion, Mr. Lorenz remarked that Waste Management is the most qualified proposer and offers the least cost to Collier County. He advised that staff recommends entering into negotiations with Waste Management and bring back a contract at a later date. Commissioner Volpe questioned whether the legal conclusion ie that all the bids are responsive. Assistant County Attorney Weigel replied that the County Attorney's office has not been presented with an inquiry with regard to "unresponsiveness". The following persons spoke with regard to this item: Linda Marszalkowski Ms. Delate Wayne Jenkins Dr. Stokes Bob Krasowski Natalie Guess A1 Perkins Barbara Jenkins James Jenkins Gregory Zak Tom Henning Page 29 October 4, 1994 Commissioner Volpe cited that three of the speakers are suggesting a workshop prior to making any final decision. In answer to Commissioner Constantine, County Manager Dotrill remarked that staff is requesting to proceed through contract nego- tiation efforts and if failure to accomplish same, staff would come hack and request further direction or ask the Board to consider the second highest ranked firm. Commissioner Constantine called attention to the following options to be considered: enter into negotiations without a workshop; enter into negotiations and hold a workshop in the meantime; or stop the process, conduct a workshop and then proceed forward. Commissioner Norris voiced concurrence for an informational meeting to be held in the evening Commissioner Saunders noted that at this time the Board is being requested to formally rank the firms; direct staff to begin nego- tiations with the top ranked firm with the understanding that the Board would have the discretion of saying "no" to the contract; and that the workshop would take place in the interim. County Manager Dotrill recommended that the Board advertise the informational meeting as a Board meeting rather than a workshop. He recalled that the Board has dealt with this sold waste issue for approximately two years. Tape ~ Commissioner Constantine cited that his preference is to have a workshop format. Commissioner Saunders stated that from a timing perspective, if a decision is made this date with regard to the top ranked firm and staff is directed to begin negotiations with that firm, it would be difficult to have the contract available for the workshop. Commissioner Constantine agreed. The Board concurred that a workshop will be conducted within the next two weeks at the Golden Gate Conununity Center. Attorney Donald Pickworth, representing Addington Environmental, Page 30 October 4, 1994 Inc., advised that his client submitted a proposal, noting that the form indicates that the County's immediate goal for Solid Waste Management is landfill site optimization to maximize the/andfill capacity. He pointed out that hie client~s proposal provides the County with considerably longer landfill life than that proposed by the other vendors. Mr. Pickworth voiced concern relative to the scope of work defini- tion which speaks to expanding landfill capacity, however, staff~s recommendation is not based upon an optimization of capacity but an optimization of the cost. He questioned what the County really desires. Mr. Pickworth advised that Addington te prepared to submit a pro- posal for a lessor/andfill life with dramatically reduced numbers. Mr. Lorenz referred to staff~s concerns with respect to Addington's proposal, as reflected on page 2 of the Executive Summary. County Manager Dotrill advised that he has not received any pro- test from any of the vendors as the result of the recommended staff report. In answer to Commissioner Volpe, County Manager Dorrtll explained that staff considers all three proposals to be responsive for purposes of being under consideration. He remarked that staff's recommendation is to obtain authorization to negotiate with the lowest and most responsive bidder, which in staff's opinion, is Waste Management. Mr. Jerry Grash, Regional Manager, Addington Environmental, cited that his firm does not have a problem wtth regard to ownership. He voiced concern relative to liability, and suggested that it may be in the best interest for Collier County to retain ownership of the pro- perty. He remarked that he is prepared to discuss and disclose the detail calculations in the negotiation phase. He noted that the $7 million was used in the calculation of tipping fees since this was required as part of the RFP process, however, thts money is not needed. Referring to the Alternate, he pointed out that there is $3.5 million that is not needed which the County can keep because Page 31 October 4, 1994 Cell 2, Phase 3 and 4 would not be used. Mr. Bill Hodges, Addington Engineer, reported that the RFP required/andfill site optimization to maxtmize the Naples and Immokalee Landfills and this approach was taken. He indicated that his firm used sound engineering coupled with creative design to obtain a 25% longer life than another proposer. Mr. Hodges explained that Addington used a very aggressive approach so that recycling and waste processing could continue on the site as they currently exist for a longer period than what is offered by the next proposer. Mr. Hodges advised that Addlngton's proposal exceeds the environ- mental integrity of closures as proposed in the RFP. In response to staff'e concerns that Addington assumed off-site mitigation and pre- serve areas, he affirmed that Addington did not assume off-site areas. Mr. Hodges suggested if the County is willing to accept a shorter landfill life, as proposed by others, Addington can prepare a new pro- posal to address same and this change would certainly result in signi- ficant savings in the tipping fees, as originally proposed. Attorney George Varnadoe, representing Waste Management, Inc., pointed out that Addington's proposed tipping fees are $10.50 higher than the tipping fees proposed by his client. Mr. Varnadoe suggested that the Board select the desired vendor, begin negotiations and conduct the informational workshop as soon as possible. In answer to Commissioner Constantine, Mr. Varnadoe stated that Waste Management will have very specific performance standards and will provide an environmental bond as well as a performance bond. Commissioner Constantine remarked that he believes it would be appropriate to locate, purchase and permit additional land with the $7 million in reserves for the following reasons: guarantee that the Board has no intention of expanding the current site; purchase at 94-95 prices instead of 2005 prices; and allow future residents to know what would be in that area, prior to purchasing land. Page 32 October 4, 1994 At this time Deputy Clerk Barbiretti replaced Deputy Clerk Hofflan *** Cosualesioner Norris moved to rank Waste Management, Inc. Number 1, Addingl~n Environmental, Inc. Number 2, Chubere Waste Systems of Florida, Inc. Number 3; authorize Staff to enter into negotiations with~aste Nanagement, Inc. for Alternate #1. Commissioner Constantine suggested that the County Solid Waste Staff be included in the ranking. He suggested that they be ranked Number 2. Commissioner Norris replied that he did not think that the County Staff would be ranked as an outside firm. He said that he believed that the County Staff's proposal was presented for comparison pur- poses. Commissioner Constantine remarked that he thought the idea was to determine what was better, County Staff or a private firm. County Manager Dotrill stated that Staff wanted to submit a com- petitive sealed bid proposal for basis of comparison. He suggested ranking the outside firms for purposes of attempting to negotiate a contract. Commissioner Constantine asked Commissioner Norris if he would have any objections to having Staff develop a proposal while nego- tiations with the Number 1 firm take place. Commissioner Norris stated that he would not have any objections. Commissioner Volpe stated that he did not understand the process being suggested. County Manager Dorrlll indicated that Staff recommends that the Board determine which firm should be ranked Number 1 for purposes of attempting to negotiate a contract. He said that in the event that the Board elects to continue using County Staff it can. Commissioner Constantine seconded the motion on the floor. Commissioner Constantine asked Commissioner Norris if he would amend his motion to include the direction that a workshop be held at the Golden Gate Community Center. Page 33 October 4, 1994 Coesaissioner Norris agreed to amend his motion to include the direc~icn that a workshop be held at the Golden Gate Cosmmity Center. Commissioner Saunders stated that although he will support the motion when the item comes back before the Board he wants to be assured that the existing recyclers are considered in the contract. Commissioner Matthews remarked that she has an extensive list of items that should be considered as part of the negotiations. She asked who she should pass the list on to? County Manager Dotrill replied that both he and County Attorney Cuyler should receive the list because they will both participate in the contract negotiation phase. ~ call for the question, the motion carried unantsously. Commissioner Constantine asked the Board members if they would prefer that the Workshop be held on October 17 or October 19, 19947 Commissioner Volpe replied that evening meetings are held on Wednesday, therefore he would prefer that the Workshop be held on October 19, 1994. County Manager Dotrill announced that the Workshop will be held at 7:00 P.M. on October 19, 1994, at the Golden Gate Community Center for the purpose of presenting the proposal to the public. In response to Commissioner Volpe, Commissioner Constantine con- firmed that all the firms will be requested to be in attendance at the Workshop meeting. see Recessed: 5:50 P.M. - Reconvened: 6:00 P.M. at which time Commissioner Saunders left the meeting *** (1735) Item~eN2 CONSlEI~XATION OF EXPANDED SCOPE OF WORK WITH TURRELL a ASSOCIATES, INC. TO INCLUDE THE UPPER AND LOWER CLAM BAY SYSTEM IN THE CLAM PASS INLET MANAGEMENT FLAN REPORT - NO ACTION Jerry Neal, OCPM Projects Manager, stated that the public have requested that Staff investigate the possibilities of Improving flow If we consider Doctor's Pass with Clam Pass. He said that Staff will also Investigate flushing Improvements In the two Bay areas. He Page October 4, 1994 requested that the Board consider if there is a need for a hydraulic study. He said that if the study is approved Staff would recommend that the funding be taken out of the General Fund. In response to Commissioner Volpe, Mr. Neal, using a diagram, explained that the Inlet Management Plan covers the inlet, the Natural Resources Protection Area (NRPA) covers the green area and the proposed plan included in the Executive Summary includes Doctor's Pass up to Vanderbilt Beach Road. The following people spoke on the subject: Jon C. Staiger Fran Stalltngs In response to Dr. Stallings remarks, Commissioner Matthews con- firmed that it is his recommendation that the County look at this system from Upper Clam Bay to Doctor~s Pass. Commissioner Volpe asked if the funding will come from the Reserve Fund? Mr. Neal stated that four or five months ago Staff had described the different funding possibilities. He said that one of the things that the Board wanted to address is Tourist Development Council (TDC) money. He reported that it was felt by the three different Boards that were addressed that TDC money was not appropriate for this expen- diture. He said that the Budget Office recommended the General Fund for this expenditure. Commissioner Volpe stated that he would like to hear Staff~s response to Dr. Staigers initial suggestion that preltmtnartly the hydrolo~y be focused on in this Clam Bay System. He said he would like to limit this request to the initial study. He said he would like to see the City of Naples and Doctorts Pass participate in this process in terms of funding. Bill Lorenz, Environmental Services Administrator, stated that his Staff has been looking at developing the NRPA for the Clam Bay System. He said that he plans on having recommendations through Environmental Protection Technical Advisory Board (EPTAB) and the Management Plan to the Board in January, 1995. He said that at that time Staff will October 4, 1994 recommend a series of monitoring programs that at some degree parallel this expanded scope. He reported that from Staffts perspective the hydraulic study is not needed for the NRPA. He said that the Inlet Management Plan is important from the NRPA perspective that NRPA will recommend that Clam Pass be kept open to the degree that monitoring will be necessary to support the Inlet Management Plan. He said that Staff recommends that the Board approve the Inlet Management Plan. Commissioner Volpe asked if Mr. Lorenz recommends that the scope of services not be expanded at this time? Mr. Lorenz replied that if the Board needs the Inlet Management Plan to be done and there is a critical part of the schedule to accomplish that it should be done now. In response to Commissioner Matthews, Mr. Lorenz advised the Board to speak to the consultant and find out what he recommends as the minimal requirements to establish a Clam Pass Inlet Management Plan. Colliesloner Norris moved to direct Staff to proceed with the et~wJth the minimal requirements necessaz7 to develop the Clam Pass Inlet Management Plan and to direct Staff to hold off on the remainder of the mtudies. Commissioner Volpe asked Mr. Lorenz the minimum amount required to continue the Inlet Management Study? Tom Conrecode, OCPM Director, reported that the Board approved a contract with Turrell & Associates to do the Inlet Management Plan for Clam Pass. ~e said that this has gone through the process approval of the State because they participated in the funding. He explained that the Executive Summary Includes an expanded scope of work for an addi- tional study. Colliestoner Norris withdrew his motion. Coatslssioner Matthewn asked what is the purpose of the Summary? She asked what is going to be accomplished? Mr. Conrecode replied that the purpose is to ask the Board if they wish to consider the expanded scope of work based on the input from the l~ublic. Page 36 October 4, 1994' Commissioner Norris stated that he agreed with Mr. Lorenz~s suggestion that we should wait until January to consider the expanded work. Commissioner Volpe concurred. He said that he is prepared to await the results of the Initial study to see what is the next step to address the concerns identified by Staff and the public. Commissioner Matthews agreed. She asked how the expanded work would connect with Management Plan and the NRPA Plan? She asked how much closer to completing this if the Board approved it now? Mr. Lorenz replied that we do not need the expanded scope for the Inlet Management Plan. Commissioner Matthews asked If this work was necessary for the NRPA program? She 'asked if there was an economy of scale by doing It now? ' Mr. Lorenz replied that there is no economy of ecale by doing it now. It was the consensus of the Board to take no action. (2700) Item~SN4 ~ACt~ WIT~ TH~ COLLIER COUITTT TOURISM COI~TITTEEAND'SWAMPBUG~Y Jean Gansel, Budget Analyst, reported that at the Tourist Development Council (TDC) meeting of September 12, 1994, three budget amendments were considered. She stated that the TDC is recommending approval of the budget amendments. Cosatsstoner Norris moved, seconded bVCosmisstoner Volpe,'to approve Staff recommendation. Upon call for the question,' the motion carried 4/0 (Commissioner Sau~ders out). Page 37 October 4, 1994 (2?42) Item ~A PROPOSED AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROV~3~ENT TRUST FUND, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND COLLIER COUNTY, RE CONVEYANCE OF THE MARCO ISLAND AIRPORT TO THE COUNTY IN EXCHANGE FOR C0NV~YANCE BY COLLIER COUNTY OF 1,920 ACRES OF LAND WITHIN THE FAKAHATCREE STRAND STATE PRZSERVE; ALSO SPECIFYING OBLIGATIONS RE JANES SCENIC DRIVE - NO ACTION Assistant County Attorney Weigel stated that the Executive Summary briefly describes the changes to the proposed agreement and explains how the changes have been implemented into the agreement. He said that the Board had directed that language be added indicating that the roads should not be closed to public access and thru traffic during the day. He advised that the Department of Environmental Protection (DEP) does not agree to be absolutely bound to the requirement beyond an initial 24 month period. He said that this is the most elemental issue that remains at the present time for Board consideration. He stated that there are other protections that have been provided within the agreement. He said that paragraphs 7C and 9B specifically provi- des for the unrestricted, undenied access of landowners within the Strand during the two year agreement which come to pass after approval of this agreement. Mr. Weigel stated that as of yesterday we are still at odds as to what the County is looking for and what the State is offering to pro- vide. He said that the County is merely looking for a protection of an environmental condition of the property and that the County not be subject to having property conveyed to it by the State DEP. He said that they did agree to language that may work for the County. He said that the Board of Trustees shall be responsible to the County for the environmental condition of the Marco Island Airport property and to the County's physical acquisition of the property as limited by Section 768.28 of the Florida Statutes. Mr. Weigel revealed that the Pollution Control and Risk Management Departments reported that the Marco Island Airport is on the State' Early Detection Incentive (EDI) list to be cleaned up at State expense Page 38 October 4, 1994 some time in the future. Commissioner Volpe asked if the Board is being asked to negotiate this agreement? Commissioner Constantine announced that there Is one serious area of contention. Mr. Wetgel stated that language has been added in paragraph 9E1 to provide for the County's "opportunity to cure". Commissioner Constantine asked if there would be any opposition to extending that period longer than 60 days? ' Assistant County Attorney Wetgel stated that Mr. Gregory, repre- senting the Florida Department of Environmental Protection will address that issue. Commissioner Constantine stated that the main issue to be addressed is closing the road during the daytime. He said this is not ~" fiissimilar than the State directing the County to keep the Marco Island Airport property exclusively as an airport or it reverts back ~' to the State. He said that the County's request is similar; as long as the road can be used during the day the State can have it, should that change, the State would be simt]arily penalized. Albert Gregory, representing DEP, stated that of the five items listed in the Executive Summary, four can be worked out with further discussion. He agreed that the issue of the vacation of Janes Scenic :' - Drive is not unconditional. He said that one of the principals that DEP has been negotiating on is that the road should be vacated by the ' -' County and that the vacation should be unconditional. He said that this position has been reaffirmed as recently as yesterday. He stated that DEP feels this should be done in a way that is clean, clear and leaves as little opportunity for interpretation. Mr. Gregory said that the reverter in the TItle that is contained In the deed that the Board of Trustee's has approved for the Marco Island Airport is a specific requirement of House BIll 1851. Commissioner Norris asked if the DEP would be amenable to having ' -' curative legislation in the next session that would delete that pot- Page 39 October 4, 1994 tion of it? Mr. Gregory stated that he is unsure of the DEP's position regarding future legislation. Commissioner Constantine stated that it is difficult to understand how the DEP wishes to be clean and clear for two reasons: that by agreeing to keep the road open forever is as clean and clear as could be possible, secondly, the fact that the DEP does not want any restrictions but will not agree to lessening any restrictions regarding the Airport. Mr. Gregory stated that if this issue rests on the need to cure that specific Title encumberance and the opportunity presents itself to do so he is quite sure the DEP would not object to that type of curative action in the 1995 Legislature. Commissioner Constantine stated that the Issue of the long term availability regarding road use is the sole issue of contention. Mr. Gregory stated that the DEP has no plan to close the road during the day. He explained that the potential, future property owner, the Board of Trustees, needs to be able to be in a position to do what it needs to do in the future. He said that process that has been developed ensures that due process will be done and any future decision to further restrict the road will not be taken lightly. Tape #6 The following people spoke on the subject: Wayne Jenkins A1 Perkins Monte Lazarus Commissioner Norris stated that he is reluctant to enter into this agreement until an alternate agreement is reached on the road. Commissioner Constantine stated that he shares Commissioner Norris~ concerns. He said that possibly two or three years from now the road could be closed. He said that this is his main concern. Commissioner Matthews stated that she has always objected to any agreement that contained a vacation. She said that this agreement still contains a vacation and she will not support ,0%, 73 Page 40 October 4, 1994 Commissioner Constantine suggested that Mr. Gregory contact him to continue discussion. He said that while discussions take place Representative maunders elect may be able to develop alternates in Tallahassee. Mr. Gregory remarked that the next item is a vacation resolution regarding Janes Scenic Drive. He asked if the Board's reluctance to enter into thte agreement also negates the vacation resolution. Commissioner Constantine replied that was a safe assumption. Item~9B RECO~I~ENDATION THAT THE BCC ADOPT A RESOLUTION DECLARING THE DATE, TIME AND PLACE TO HOLD TEE PUBLIC HEARING TO CONSIDER THE ADVISABILITY OF VACATING W. J. JANES SCENIC MEMORIAL DRIVE - NO ACTION This item was discussed in conjunction with the previous item. (See above). (571) Item i~lOA EXTRA GAIN TM FOR INMATE N0. 81923 - APPROVED Commissioner Norris moved, seconded by Commissioner Matthews, to approve Extra Gain Time for Inmate No. 81923. Upon call for the question, the motion carried 2/1 (Commissioners Volpe and maunders out; Commissioner Constantine opposed). (591) Item #lOB RESOLUTION 94-723 APPOINTING SABINA NUSCI AND REAPPOINTING ROY TUFF TO THE ~OLDEN GATE PARKWAY BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED Administrative Assistant to the Board Filson stated that there are actually three positions open but only two applicants. She said that she will readverttse the position. Cmtsstoner Norris moved, seconded by Commissioner Matthews, to appoint Sabine Musci and reappoint Roy Tuff to the Golden Gate Parkway BeantlftcattonAdvlsory Committee. Upon call for the question, the motion carried 3/0 (Commissioners Sanriders end Volpe out), thereby adopting Resolution 94-723. Page 41 October 4, 1994 Itea RADAR UNITS FOR STATE POLICE PATROL VEHICLES - SHERIFF'S OFFICE TO ASSIST STAFF IN IDENTIFYING FUNDING SOURCES LIeutenant Canady stated that the Sheriff has stated that he is willing to assist Staff in researching and Identifying funding sources for radar units for State Police vehicles. Commissioner Constantine recalled that he was contacted by the State Police regarding this issue. He said that they had indicated that a number of Counties in the State are doing that. He stated that the County Manager's Office has checked ten Counties at random, none of which are doing this. Lt. Canady stated that the Finance Staff will Investigate the possibility of State funding through grants. (643) Item 813A1 RESOLOTION AMEFDING RESOLUTION 94-533, FOR A SEWAGE TREATMENT PLANT C0NDIfIONAL USE IN THE RSF-3 ZONING DISTRICT FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA, TO CORRBCT A SCRIVENER'S ERROR IN STIPULATION NUMBER 5 RE UTILIZATION OF SCRUBBERS FOR ODOR CONTROL - D~rKRMINATION OF NO SCRIVENER'S ERROR Legal notice having been published in the Naples Dally News on September ll, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. County Attorney Cuyler recalled that this item was discussed last week and was left off with a discussion on the Board's intent regarding the petition for conditional use. He said that seven or eight pages of the transcript were distributed. He stated that the Board wished to get that into the context of the entire hearing resulting in the distribution of the entire transcript. He advised that the Board must decide If a scrtvener's error exists. Attorney Gerald Buhr, representing Florida Cities Water Company, confirmed that the CCPC approved the conditional use with one addi- tional stipulation. He stated that extensive time was spent nego- tiating with citizen groups in regard to this resulting in agreeing to Page 42 October 4, 199~ many items including the scrubber. He said that this led to the Board's unanimous approval. He said that he specifically asked that this be defined as it is on the record. He said it was accepted in that manner. Commissioner Constantine recalled that at last week's meeting he suggested that we were trying to hold this to the same standard that we are holding our own facility. He said that was his recollection of the discussion. He said that he wanted to correct one thing; a repre- sentative from your Staff was under the impression that a Board member was suggesting that you would have to update that technology as new technology was available. He stated that this was not the intent of the Board. Mr. Buhr said the problem was "the best available technology" without definition. He indicated that he has an engineer in atten- dance that will answer questions in regard to the reliability and functions of the device that we have agreed to put in. Commissioner Constantine stated that the context of the conver- sation was not to install a scrubber to hopefully fix the problem but to use the best available technology to fix the problem. Commissioner Constantine read from the transcript (copy not pro- vided to Clerk). He said that the transcript clearly states the intent of Commissioner Norris, the residents' Attorney and himself was that the best available technology be used. Mr. Buhr disagreed with Commissioner Constantine's analysis. He argued that no one knows the definition of "the best available technology". He stated that their intent is to do the Job. Commissioner Constantine stated that no one questioned the term that day. He said that an amendment was made which specifically asks to take that language out but was never seconded. He said that Florida Cities Water Company was before the Board and claimed that they wanted to be good neighbors. He said that today they say that they will not give in to the whims of the neighbors. He said that the Board is hearing two different stories. Page 43 October 4, 1994 Mr. Buhr said that they will consider every complaint that is made. He stated that is why they agreed to a citizens committee. Commissioner Constantine explained that the Board is not re-trying the question today. He said that all the Board is doing is clarifying the record. He said that in his mind it is very clear that we did stipulate scrubber or best available technology with the Intent that if the scrubber is not fixing the problem it Is up to you to fix the problem. Commissioner Constantine closed the public hearing. Commissioner Matthews recalled that after Commissioner Norris seconded the motion she asked that "the best available technology" be included in the motion. She said that Commissioner Saunders reworded what she asked for and incorporated It Into the motion but a second to that incorporation never occurred according to the transcript. She asked Commissioner Norris if it was his Intention that it be Included? Commissioner Norris answered In the affirmative. He stated that the language gives Florida Cities latitude, they can install a scrubber or some other mechanism which functions as well or better than a scrubber. He said that it does not stipulate that they have to do either one. In response to Mr. Buhr, Commissioner Constantine said that the point is If Florida Cities creates a scrubber and it does the Job it will become a moot point anyway. He etated that if the problem is corrected there is no issue. Mr. Buhr responded that he is not sure what the problem is. He asked what does the Board define the problem to be? Any level of odor? Nuisance level of odor? Interference of the use of the proper- ty? Commissioner Constantine stated that any complaint would have to be substantiated. He referred to the Lely Wastewater Plant and the burden that the County has placed on Itself. Mr. Buhr said that is the problem they have. He said that there Page 44 October 4, 1994 is no standard, there is nothing objective that can be determined as an ultimate test as to whether they complied. Commissioner Constantine said if there is an odor problem every day and the phrase "only a scrubber" remains no one has any recourse. He said that by utilizing the phrase "best available technology", if a good faith effort is made to solve a problem no problem would exist. He said that the burden would be on Florida Cities Water Company to prove that scrubbers are the best technology. Mr. Buhr maintained that if there is an odor problem every day there would be no problem with anyone going to court stating that this is a nuisance. Commissioner Norris indicated that the problem is not whether a scrubber is installed, the issue is whether the odor problem is addressed. Commissioner Constantine agreed. He said that the purpose of this item is to determine if there is a scrivener's error and whether or not the "best available technology" be included. He said that is interpreted in another issue. He said that the intent of the Board action on July 26, 1994, is what this hearing is about. Commissioner Norris stated that after reviewing the transcript, because he seconded the motion, and because the amendment to the motion was never seconded, it appears that there is no scrivener's error. Comalaaloner Norris moved not to adopt the Resolution and deter- mined that there is no scrivener's error. Commissioner Matthews stated that she is not sure that is correct if the amendment was not seconded. She said the amendment on her part was to include the best available technology and that did not get seconded. Commissioner Constantine contended that Commissioner Saunders made the initial motion, Commissioner Norris seconded it, and then Commissioner Matthews asks may we include best available technology? He said that Commissioner Saunders stated that he does not like the Page 45 October 4, 1994 wording and would prefer an amendment having the language Florida Cities as outlined. He said that the second did not accept that. He referred to page 70 and pointed out that before a vote was taken Mr. Nino asked the question "best available technology will be worked Into condition #5?" He said that Commissioner Constantine said "That's correct". He stated that the assumption from the Board Is at that point, before voting, that the best available technology is indeed part of Commissioner Constantine said that the amendment was to use Florida Cities wording. He stated that was not seconded. He said an assumption was made followed by a question from Mr. N/no asking will that be worked into condition #5, the Board confirms that this is correct. He stated that 30 seconds later a vote le taken in favor of it. He said that the intent and understanding of the Board was clearly part of the motion. C~matsaloner Constantine seconded the motion. Commissioner Matthews stated that she cannot support the motion because she does not believe that her suggestion that the best available technology request was ever incorporated and seconded. She said that she believed that the original motion made by Commissioner Saunders is the motion that was voted upon. Upon call for the question, the motion carried 2/1 (Commissioner Mattl~es~ opposed, Commissioner Saunder$ and Commissioner Volpe out). (1456) Item SOUTH FLORIDA WATER MANAGEMENT MEETING - STAFF TO INFORM BCC OF M~BTIN6 DATE Commissioner Matthews asked if a meeting had been scheduled with the South Florida Water Management? County Manager Dotrill stated that they have not yet scheduled a meeting as of this date but will advise the Board as soon as the meeting has been arranged. Item #14a COLLIIRCOOITY FAIR BOARD - STAFF TO PRIPARI AGEIDA ITEM Page 46 October 4, 1994 Commissioner Constantine stated that the Collier County Fair Board will be included on next weekes agenda. He said that they are requesting help in financing a pole barn. He said that they currently rent tents for the annual event for a total cost of approximately $15,000.00. He said that money will be used to repay the County for the cost of the permanent structure. ~H BO~ r.~_~ OO~SEL - 5T~ TO P~P~ AGENDA Commissioner Constantine remarked that he is aware of a memorandum requesting the presence of an Attorney at the Environmental Advisory Board Meeting. He said that he was under the impression that the County Attorney's office was attempting to cut back on the amount of time the Attorneys spent at Advisory Board meetings. County Attorney Cuyler commented that it was his belief that the discussion pertained to cutting back the number of Advisory Boards. Item #14C FOUR WAY STOP SIGN FOR GOLDEN GATE ESTATES - STAFF TO PREPARE AGENDA ITEM Commissioner Constantine requested that an agenda Item be prepared regarding consideration of a four way stop sign in the Golden Gate Estates area. He said that there was a fatal collision there this past week and feels that the issue must be addressed. Item#14B HUBSOl!MAN PROPI~rY - STAFF TO PREPAR~ AGENDA ITEM County Attorney Cuyler reported that the County received a Summary Judgement in the County's favor regarding the second lawsuit regarding the Hubschman Property. Commissioner Constantine suggested that Staff prepare an agenda Item regarding this subject for next weeks meeting. see C~lssialler Volpe moved, seconded by Commissioner Norris and carried unanim~xusly tha~ the following items under the consent agenda be approved and/or adopted. see Item #16A1 AUTHORIZ&TZON FOR RECORDING OF THE FINAL PLAT OF ~LF,%a4OOD LAKESm AND EXECUTION OF CONSTRUCTION AND MAINTENANCE AGREEMENT - WITH October 4, 1994 STIFULaTION$ AS DETAILED IN THE EXECUTIV~ SUMMARY P ges Item ACCEPTAICE OF IRREVOCA3LE LETTER OF CREDIT FOR F/CAVATION PERMIT N0. 59.512 mSHBI~OOD PARK LAKES lAIr IBI, A~D ICIll See Pages Item t16A3 AUTHORIZATION FOR R~CORDING THE FINAL PLAT OF "PELICAN MARSH UNIT FOUR PHASE TWO" - WITH STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY Item 116A4 AUTHORIZATION FOR RECORDING OF THE FINAL PLAT OF "PELICAN MARSH UNIT SIX" - WITH STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY Item e16A5 RESOLUTION 94-717, ADTltORIZING ~ ACCEFTANCE OF LAGUNA ROYALE A ~T OF A IM::IRTION OF A PREVIOUSLY RECORDED PLAT KNONN AS ~ VIITrrA!I:DS, IINIT 3-A - WITH STIPUE~TIONS AS DETAILED IN ~ KXEC~ITIVE Item #16A6 See Pages I0 7 -IlK ACCEPTANCE OF SECURITY FOR RIGHT-OF-WAY PERMIT NO. 0437D "GOODLETTI ROAD B~ID6~", LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST Item #16A7 -~ee Page. /! 7 ' II ? RESOLUTION 94-718 AUTHORIZING THE ACCEPTANCE OF EL CANIN0 REAL, A REPEAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT ENOWN AS THE VINEYARDS UNIT 3-A - WITH STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMANor Pages/J Item l16A8 ACCEFTANCE OF WATER FACILITIES FOR PIPEReS GROVE, PHASE I-C - WITH STIFULATION8 AS DETAILED IN THE EXECUTIV~ SUI~ARY Item I16&9 AUTIIO!tIZATIO!I FOR RECORDING THE FINAL PLAT OF WINDSOR PLACE AT BERKSHIRE LAirS AND EX~;UTION OF CONSTRUCTION AND MAINTENANCE October 4, 1994 AGREEMENT - WITH STIFULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY Item #1~Cl RESOLUTIOR 9~-~1~ SETTIN~ TERMS OF OFFICE FOR TWO MBMBERS APPOINTED TO THE AD~ISOlrT COmmITTEE ON THE HOMELESS Item #16C2 CONTRACT BETWEEN COLLIER COUNTY AND TECH OF COLLIER COUNTY, INC. (W0~.s/tLY TRAINING AND EDUCATIONAL CENTER FOR THE HANDICAPPED, INC. TO P~J~wO~I LANI~CAPE MAINTENANCE FOR FISCAL YEAR 1994-95 Pag,, /,-f,F -/3 Z Item ~16El ~J~m~u~ TO THE CONTRACT BETWEN THE COLLI~ CO~ ~ OF C~SSI~ ~ ~S~Cg ~ RISK ~AG~ S~I~S, INC. See Pages - / Item #16E2 RESOLUTION 94-720, THE 1994-95 PAY PLAN AND NEW CLASS SPECIFICATIONS FURSUANT TO THE FROVISIONS OF COLLIER COUNTY ORDINANCE 83-7 See Pages Item l16F1 RESOLUTION 94-721, AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREDIE~T BETWEEN COLLIER COUNTY AND OTHER FLORIDA COUNTIES AND NURICIPALITIES AND THE FLORIDA DIVISION OF B3~ERGERCT MANAGEMENT FOR CATASTROPHIC EMERGENCY RESPONSE/RECOVERY MUTUAL AID RESULTING FROM NATURAL O~ THCHNOLOGICAL DISASTERS Item el6~l ~AL AGREEMENT NO. 7 TO THE CONSULTING LANDSCAPE ARCEITHCT SERVICE~ AGREEMENT WITH NCGEE AND ASSOCIATES, INC. FOR THE LELY GOLF ESTATES BEAUTIFICATION N.S.T.U. - IN AN AMOUNT NOT-TO-EXCEED 83,000 Item #16H2 A~z~__~az TO SuPplEMENTAL AGREEMENT NO. 3 TO ~unl'x~ S~I~S A~~ ~R ~ I~O~EE B~IFICATION M.S.T.U. - ~ ~ ~ ~S~IA~S, INC. October 4, 1994 Item,l$1[~ - Deleted Item,1614 - Deleted Ztemel~ - Continued to 10/18/94 It~ ~16B6 CONSTRqICTION AGR~EMEITT WITH HIt GROUP OF NAPLES, INC. FOR ACCESS IMFROW~.ZmzS CONCU~dtENTLY WITH FUTURE RADIO ROAD FOUR LANING IMPRuv~-~iS BETWZEN SANTA BARBARA BOULEVARD AND S.R. 84, CIE NO. 16 - IN THBaMOUNT OF 87,000.00 See Pages Item$16H~ CONTRACT FOR BID NO. 94-2253, BEACH CLEANING OPERATIONS ON MARCO ISLAND TO THE WORKS TREE SERVICE, INC. - AWARDED IN THE TOTAL BASE BID AMOUNT OF 819,800.00 Item $163 NISCELLANBOU$ CORRxSPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was filed and/or referred as presented by the Board of County Commissioners: Page 50 October 4, 1994 Item ~1631 SATISFACTIOn OF LIEN FOR SERVICES OF TIIE FUBLIC DEFENDER See Pa,es Item #16L1 EXFER"f WITMESS AGREEMENTS WITH ROBIR D. HALE, ARCHITEUT/CONSULTANT, AND JOMI F. MADAJEWSEI, CIVIL ENGINEER, FOR EXPERT WITI~MSS SERVICES IN THE CAS~ OF FAttI]~3 WATERS DEVELOPMENT CORPORATION VS. COLLIER COUNTY See Pag,s JO/ - Jnf Item lllL2 - l%ov~d to Item #9B There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - TIme: 7:30 P.M. ,~,. AT,T~ST: · ' ' ~r~sT z.' '~ROCX, aLERX ~..,. . . .. ,~', · ' mlnutes4pproved by the Board on · ~// as presented or as corrected BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GO ERNING BOARD(S) OF SPECIAL TRICTS UNDER ITS CONT AIRMANIC ON Page