BCC Minutes 11/05/1991 R Naples, Florida, November 5, 199!
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 specta] districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 A.M. in REGULAR SESSIOn{ in Building
"F" of the Government Complex, East Naples, Florida, with '~he
following members present:
CHAIRMAN: Patricia Ann~ Goodnight
VICE-CHAIRMAN: Michael J. Volpe
Richard S. Shanahan
Max A. Masse, Jr.
Burr L. Saunders
ALSO PRESENT: John Yonkosky, Finance Director; Wanda Arright,
Debby Farria, and Annette Guevin, Deputy Clerks; Neil Dotrill, County
Manager; Jennifer Pike and Tom Olliff, Assistants to the County
Manager; Ken Cuyler, County Attorney; Brenda Wilson, Assistant County
AtTorney; George Archibald, Transportation Services Admints'~rator;
Frank Brutt, Community Development Services Administrator; Hike
McNees, Budget Director; Dave Pettrow, Development Services Director;
Tom Conrecode, Office of Capital Projects Management Director; Bob
Blanchard, Growth Planning Director; Bill Lavetry, Growth Management
Planner; Mike Arnold, Utilities D~rector; Fred Bloetscher, Assistant
Utilities Administrator; Murdo Smith, Acting Parks & Recreation
Director; Barbara Prynoski, Project Review Services; Sue Filson,
Administrative Assistant to the Board; and Deputy Byron Tomlinson,
Shertff's Office.
ee OI
Pa.~e !
November 5, 1991
T~pe #l
~tem d~3&
AG~]IDJk JLRD CON~RT AGE]~DA - ~PRO~D ~I~ ~GKS
Co~testoner Saunders moved, seconded by Commissioner Hesse and
carried unanimously, that the agenda and consent agenda ~ approved
with the following changes:
Item #8A2 - Request the BCC adopt a resolution approving the
application form for construction of affordable housing units
within the urban coastal fringe area - Continued, na date
certain. (Requested by staff).
Item #BE1 - Recommendation that the BCC Approve the proposed
flexible benefits premium conversion plan outline, summary
plan description and broker of record letter - Continued.
(Requested by the County Manager).
Item #9A - Discussion of Tourlst Tax litigation and options
relating thereto - Added. (Requested by County Attorney).
Item #16B1 Moved to #8B2 - Recommendation to enter into an
easement agreement wherein Fred Thomas he property Dwner
agrees to donate two (2) road, utility and drainage ease-
ments, as well as a temporary construction easement, in
exchange for various considerations from Collier Co~nty.
(Requested by staff).
Item #16B2 Moved to #8B3 - Recommendation to approve and
authorize the Chairman of the Board of County Commt.~stoners
to execute the Joint participation agrei~ment terminations
with the Florida Department of Transportation for improve-
merits at the Immokalee Airport. (Requested by Commissioner
Shanahah).
Item #16D2 Moved to #8D2 - Recommendation to enter .into an
agreement for the purchase of an easement which Js :required
for the installation of a sewer force main and an effluent
main as part of the Immokalee Road Utility Improvem,~nts
Project. (Requested by staff).
Item #16G1 Moved to #8G1 - Recommendation that the t)CC 1)
authorize staff to advertise for the highest and bes:t bidder
for the lease of a five acre parcel of County land; and 2)
deem that the htghe,st and best use of said parcel o! ]and is
a plastics recycling facility. (Requested by Taxpayers'
Action Group).
8o
Item #16H4 Moved to #8H1 - Recommend the Board apprcve a work
order under the current annual agreement for engineering ser-
vices for design of improvements to tennis courts at the
Collier County Racquet Club. (Requested by the Taxpayers'
Action Group).
Xtm~ ~3B
COGENT AGE~D, A - APPROVED A~D/OR ADOPTED
The motion for approval of the Consent Agenda is noted under Item
#16 ·
Page 2
November 5, 1991
~C ~]IU~ 0F &OGUST 20, 1991, R~GULAR M~E?ZRG; &VG~S~ 21, 1991,
~OP; ~ AU~ST 2!~ 1991~ SPECZ~ ~ETING - ~OVED A:~ P~S~ED
Co~tzstoner S~~ moved, seconded by Co~tsstoner H~lsse ~d
c~rt~ ~t~us~y, that the ~C Htnutes of Auger 20, 199X, re~lar
~tlng; Au~ 21, 1991, ~or~hop; ~d Aunt 21, 1991, s~clal
~tt~ ~ a~r~ed ~ presented.
Commissioner Hasse presented a service award to the fold[owing
Collier County employee:
Lawrence R. Haines - Parks and Rec - 15 yrs. - Presented
Patricia J. Hedrich - EMS - 10 ¥rs. - Not presented
Raymond M. Schneider - Ochopee - 5 yrs. - Not presented
Jose Jimenez, Jr. - Parks and Rec - 5 yrs. - Not presented
WILLIAM PEPLINSKI REOCGNIZED AS EMPLOYEE OF THE MONTH FOR NOVEMBER,
1991
Upon presentation of the Exceptional Performance plaque and a $50
cash award, Commissioner SI~ ~oved, seconded by Commies:toner
Hues and carried unanimously, that William Peplinekt of Emergency
Services Division be recognized as Employee of the Month for November,
1991.
Item #6A1, #6A2, #6A3
~ AMenDMenTS 91-445/446; 92-10; ~ 92-12 - ADOPTED
Comlsetonsr Huse moved, seconded by Co--tssloner Volpe and
cml~ted ~r~m~tml¥, that B~dgst &mendm~nts 91-445/446; 92-10; and
92-12 t~ mdg~ted.
It~J615
BoT~rf AM~]f~MENT, ~SOLUTION 91-35 - ADOPTED
Commissioner Huse moved, seconded by Conicstoner Volpe and
cmz'rted unanimously, that Budget Amendment Resolution 91-35 l)e
adopted.
Page 3
November · 1991
lt~ ~D
INTERIM FIHANCIAL REPORTS TO BE PROVIDED TO TH~ BOARD ~1ONTHLY
Finance Director Yonkosky reported that for the last three years
the Board has been provided detailed financial reports, and during the
September 3, 1991 Board of County Commissioners meeting it ~vas
discussed that an interim financial report be provided for The Board's
use in a legislative oversight capacity. He noted that the Executive
Summary provides reports for the Board's review and decision as to
whether these reports will suffice for the Board's needs.
In response to Commissioner Volpe, Mr. Yonkosky suggested that the
financial reports be provtd,~d to the Board on a monthly basis.
Mr. Yonkosky explained ~ach report in detail and much discussion
ensued for clarification pul-poses of the reports.
In conclusion Mr. Yonko~ky stated that a more precise interim
financial report will be provided to the Board, along with any expla-
nation of items provided by Budget Director McNees.
AN AUDUBON JOINT V~NTUR~ TO CONSIDER AN EAGLE MANAGEMENT PLPZ~, FOR THE
PROTECTION OF AN ENDANGERED SPECIES, WITH REGARD TO TH~ CONSTRUCTION
OF AUDUBON cOUNTRY CLUB, PI~..SE II - CONTINUED TO 11/19/91
Chief Environmental Specialist Prynoskt informed that the Audubon
Joint Venture requests that the Board of County Commlssloner~ take
11nder consideration the Audubon Country Club, Phase II, Eagle
Management Plan. She advised that as required by Ordinance No. 91-53
the petitioner has provided a Florida Game and Fresh Water F.[sh
Commission approved Eagle Management Plan with the construct:~on plan
submittal for Phase II. She noted thnt the location of Audubon, Phase
II, is west of Vanderbilt Beach Drive and west of the already
completed portion of Audubon Country ClUb. She specified that the
eaglets nest is located approximately 2600 feet west of Vanderbilt
Beach Drive and 550 north of the southwest corner of the Audt,bon pro-
perty, and commented that Attachment "A" of the Executive Sun~ary pro-
vides a site plan of Phase I[ and the primary and secondary protection
zones as established by the Florida Game and Fresh Water Fish
Page 4
November 5, 1991
Commission for the protection of the Eagle's nest.
Me. Prynosk! advised that the County and petitioner hav~ agreed
with the Florida Game and Fresh Water Fish plan approval; however° the
County has made the plan more restrictive which involves the peti-
tioner having no activities in the primary or secondary zone during
the nesting season to which the petitioner has agreed. She specified
that there are 13 stipulations and provided a highlight of them.
In response to Commissioner Volpe, Ms. Prynosk~ advised that the
arbitrary eagle nesting season is from October 1 through Ma~- 15. She
explained that the Florida Game and Fresh Water Fish Commission has
agreed to have an environmental consultant on-site to detern~tne that
the nesting season will begin when the eagle appears at the site and
end when the eaglets have left which will establish the nesting season
for th~s project. She noted that a weekly report will be provided to
the Florida Game and Fresh Water Fish Commission beginning in March to
the end of the season.
Commissioner Saunders suggested that language be provide~ similar
to that used in the Getmain project which was when a verifte] siting
of an eagle is made this will begin the nesting season.
Commissioner Volpe recommended that although flexlbtlity is
necessary, points of reference as to dates need to be stated such as
October 1 through May 15.
Mr. Don Lusk, representing Audubon, expressed his concern of using
the May 15 date as the end of the nesting season. He eKplained that
if the construction could begin in April, the project will b~
completed by the start of the next nesting season. He stated that the
st~pulation as written provides the protection necessary for the
eagles as the nesting season will be completed when the Florida Game
and Fresh Water Fish Commission indicates same.
In response to Commissioner Saunders' concern, Ms. Pryno~.ki
pointed out that st~pulations 2 and 3 address the beginn~ng cf the
nesting season.
Commiss~oner Saunders cl~rified that he wants any member of the
Page 5
November 5, 1991
comity to be able to report an eagle siting which would then be
verified to which staff and the petitioner agreed.
Regarding the conversation in which Mr. Lusk stated that there
will be individual home building in the secondary zone, Commissioner
Volpe questioned who would be monitoring this building in regards to
the nesting season? Me. Prynoski informed that stipulations 2 and 5
should address this concern.
Mr. Lusk commented that the monitoring that will be done for the
nesting season is for heavy equipment and once the heavy equipment is
no longer needed then there will be no more monitoring.
In clarifying the confusion that resulted regarding heavy equip-
ment use and the building of houses, Commissioner Saunders stated that
the monitoring provided for the eagle nesting season in the ~econdary
zone in future years for the single family home construction will be
determined by any reports of disturbance for the nesting eagle which
at that time will require any further building to halt until the
nesting season has ended.
Ms, Pryrloski pointed out that the stipulations as stated provide
that the petitioner will provide monitoring by Florida (lame and Fresh
Water Fish Commission for the future years.
Mr. Bill Cox, consulting ecologist, stated that in consulting with
the Florida Same and Fresh Water Fish Commission there were no
restrictions provided regarding construction in the secondar'! zone
other than for heavy equipment.
Commissioner Saunders recommended that this item be continued
until the Florida Game and Fresh Water Fish Commission provide a
clarification as to what they mean in their stipulation rega:rding the
:secondary zone.
Ms. Prynoski noted that the future year monitoring is a ~lore
l~estrictive stipulation provided by the County.
In response to Commissioner Volpe, Mr. Lusk confirmed that for
this year and any future years heavy.equipment cannot be used in the
~econdary zone during the eagle nesting season.
Page 6
November 5, 1991
Commissioner Saunders reiterated that there is confusion regarding
the issue of home construction during the nesting season and clarifi-
cation needs to be made by the Florida Game and Fresh Water Fish
Commission.
Commissioner Volpe pointed out that the end user purcha~.ing a lot
~n Audubon Phase II should be made aware that they are purchasing in a
secondary eagle nesting zone and informed as to what this means
regarding building restrictions.
~mloe~oner Se~r8 ~, seconded ~ Conicsloner Haase ~d
c~r~ ~l~ly, t~t thio ~tem ~ continued for ~ weeks.
It~ ~A3
T0 ~ TO~ DRI S~L~ ~R DKC~KR ~0, ~992 ~ I~IFATION TO
~E D~~ OF CO~~ ~AIRS TO P~TICIPATE
Community Development Services Administrator Brutt informed that a
public hearing date must be set for the adoption of a Growth
Management Plan Amendment directly related to the Tollgate DRI and
the Department of Community Affairs should be invited to participate
in the adoption proceedings.
He advised that the Board of County Commissioners approved the
· transmittal of the plan amendment in June, 1991, and comments3 have
been received from the Department of Community Affairs (DCA). He
~xplained that pursuant to the planning legislation two public
~,earings are required to be scheduled within six%y days of the receipt
c,f the DGA report and must be night meetings.
Mr. Brutt disclosed that these hearings will be for the ]~oard to
spec~fically to consider a/lowing light ~ndustrial uses with.In the
interstate activity centers. He added that this issue will be taken
to the Planning Commission on November 21, 1991.
Mr. Brutt recommended the dates of Tuesday, November 26, 1991, and
December 10 or 11, 1991 for the subject hearings.
Commissioner Saunders suggested that the dates of November 26 and
December ~0, 19991 be scheduled for these hearings.
County Attorney Guylet requested that the Board of County
Page 7
November 5, 1991
Commissioners continue with the next item before voting on ~t motion at
this time regarding this item.
Eater in the meeting, Mr. Brutt stated that the County ;,ttorne¥'s
Office has determined that a one day meeting will satfsf¥ the require-
ment for a public hearing on this subject, and the date of December
lO, 199~, is recommended. He requested that authorization be given to
Invite DCA to this hearing.
Ccr~lesioner Saunders ~oved, seconded by Commissioner Hawse and
carrted unani~usl¥, that Decsaber 10, 1991, be scheduled fc,r a public
bearing for adoption of a Growth Management Plan A~endment ~irectl¥
related to the Tollgate DRI and that DCA be invited.
Pitge 8
November 5, 1991
'Z~#8A4
PUBZ~ZC R~LRZ~G DAng ~)R P~ZTZO~ PUD-83-18(1) AND DOA-91-2,
~ ~ ~~ C~Cl~ ~ ~ ~ D~~ 0~ S~D~D
~R ~~ 14~ 1991
Co.unity Development Services Administrator Brutt advt~ed that
this Item is to set a public hearing date for Petition PUD-~I3-18(1)
and ~A-91-2, amendments to the Tollgate Comae~ctal Cent¢~r Pug and
Development Order. He informed that the Southwest Florida }legtonal
Pla~tng Co~ctl has provided ~rttten notice that the "Toll!late
Oouerctal Center DRZ" application for development approval contains
s~fftctent tnformatlon for ~evte~ and evaluation by them, ar,d he added
that a public hearing is required be scheduled before the Bc, ard
County Co~tsstoners.
Hr. Brutt reco~ended the public hearing for PUD-83-18(1) and
DOA-gl-2 be scheduled for 3anuary 14, 1992.
Co~sstour S~ ~ved, secon~d ~ Ooutsslon.; Sa~ders ~d
C~tg ~tmly, t~t ~ ~bltc he~rtng for ~-83-18(1) ~d
~l-tl-i N schgul~ for 3av~ 14, 1992.
Itn
~WI~ 91-~60, E~T~I5HI]G ~15 FOR ~ COLLIER CO~f~
CODZ -
Development Services Department Pettro~ stated that a~aff is
recouendtng the proposed amendments to the fee schedale for construc-
tion and development related con~tttonf~ which fs in con~unction ~ith
the recently adopted Land Development Code. Alao, he suggested, that
consideration be made regarding upda':tng the co~ for ~e~vices allo-
cated In performing reviews and the issuance of particular p,~rmlts.
He e~latned tha~ there are currently 68 different fees list,,d in the
fee schedule and staff is proposing 9 new fees. He noted that staff
worked ,lth the Office of Hanagement and Budge~ and a Steering
Coutttee created for the subject resolution to arrive at th~ fee
achedules proposed and described the methodology used. He r~ferred to
the Executive Summary and a separate hand-ou~ (provided for t:he
record), "Sugary of Proposed New ~ Am~nded Fees", for fu~tht~r expla-
Page g
November 5, 1991
nation of the proposed resolution. He noted that there are: items
where ataff and the Steering Committee could not come to an agreement.
Tape ~
Mr. Pettrow requested direction from the Board to staff to pro-
vide within the next three to four months a more analytical review of
the County's fees. He concluded that his recommendations are included
in the Executive Summary.
Oommtssioner Saunders questioned if one significant reason as to
why there is a shortfall in the Development Services budget between
operating expenses and operating revenue is because of the reduction
of building in the County. Mr. Pettrow confirmed that this is true,
noting there is a 30~ decrease in building permit revenues over pre-
ceding years.
Co~mtssioner Saunders expressed his concern about raising fees ~n
some cases in the amount of 1000~ or more in times when building acti-
vity is down. He commented that he is in agreement wllh the Steering
Committee recommendations as proposed in the "hand-out" pro~ided with
a few changes. He recommended that ~tem 5., Appeal from
Administrative Decision, be a $200.00 non-refundable fee regard/ess of
the outcome of the appeal; and item 17., Coastal Construction Control
Line Variance, be a fee of 8300.00 plus 0.25~ of site construction
cost only.
Commissioner Saunders emphasized that the Community Development
Department should first see where efficiency can be created for poten-
tial savings and then review the staff recommendation where they
differ from the Steering Committee.
Commissioner Volpe recommended that an hourly rate be us.~d for
developing the fees.
Mr. Pettrow reiterated that he would like to bring back before the
Board a more detailed report as to how the fees are devel¢)ped.
Commissioner Shanahan agreed with the recommendation mad,.· by
Com~issioner Saunders to proceed with the fee schedule where staff and
the s~eering committee agree and where there is a difference to use
Page 10
November 5, 1991
the recommendation by the t~teering committee until a more analytical
report can be provided by staff regarding these differences in the
future.
Commissioner Saunders read the names of the Individuals included
on the steering committee (not provided for the record).
Commissioner Hasse also agreed with the recommendation made by
Commissioner Saunders.
In response to Commissioner Hasse, County Manager Dorrt.ll stated
that this is the first comprehensive fee review brought before the
Commissioners.
Mr. Pettrow expressed his concern regarding the changes proposed
during this hearing and the resolution presented and re¢omm~mded he
amend the proposed resolution and bring back with the Land Development
Code before the Commission. He pointed out that these changes are not
substantive nor are there fee changes.
Co~mtssionsr Shanaban ~)ved, that i~plementmtton will be, ~ade
along with the Land Develo~nt Code of the proposed fee schedule
where staff mnd the stelrtni/ coattree agrse and where there Is a dlf-
fsrencs, the staring ¢omittee recommandatton will be use; and in
three month~ a ~ors analytical report be brought back before the Board
regarding the issues of difference.
Cliff Barksdale, a member of the Development Services Steering
Committee, stated that the committee is pleased with the action the
Board appears to be taking.
Joyceanna Rautto, a member of Development Services Steering
Coalnitres, commented that she is pleased with the acticn proposed by
the Board, and will continue to review the fee schedule.
Fred Tarrant, member of Taxpayer Action Group of Collier County,
expressed his concern regarding the 30~ decrease in building permits
and no decrease in the labor force of that department. He s%ated that
it is appalling that there is no control system for the budg~ttng of
costs for permits.
Much discussion ensued In which County Manager Dotrill defended
PaGe 11
November 5, 1991
County staff and their competency and versatility In accomplishing
the work that needs to be done.
¢o~issioner Itsass secolldsd the motion, ~nd upon call for the
question, the ~otion carried unanimously.
Page 1 2
November ' 1991
*$* Recessed: 11:20 A.M. - Reconvened: 11:30 A.M. st which
t~ Delmt~ Clerk Farrte replaced Deputy Clerk Arrtght
I~OLUTZOB 91-761 AUTHORIZING THE ACQUISITION OF PERPETUAL ROAD,
UTXLITTAIID DIqAXNAGg ILI~M~I'~ BY GIFT, PURCHASE OR CO~DI~!N~TION,
WHICH AR~ R~QUII~ED FOR TH~ CON~TRUC?XON OF ROAD, UTILIT~ ~d~D DRAINAGE
I~~ CONSTITUTING THE S-CURVE TRANSITION BETWEEN SANTA BARBARA
BOULEVARD AND LOGAN BOULEVARD, FROM GREEN BOULEVARD TO 14TH STREET
SOUTB~EST - ADOPTED
Transportation Services Administrator Archibald explain~d that
this Item Involves a Resolution to acquire rights-of-way for the
extension of Santa Barbara Boulevard north from Green Boulevard, tying
into Logan Boulevard, and extending up to Pine Ridge Road. He
explained that the Resolution, although a fairly standard one, does
Involve either the gift, purchase or condemnation authority and dele-
gation of same to staff. He stated this Resolution address~s three
parcels which are outlined In today's material, and relayed staff's
recommendation that consideration be given to authorization for
acquisition of the needed right-of-way by condemnation.
Pursuant to a request by Commissioner Hasse, Mr. Archibald distri-
buted an item alleged to be a sketch of the S-curve, (copy not pro-
vided for the record), I.e. ten parcels totaling more than (,.5 acres,
approximately one-half of which has been acquired. He concluded that
the three parcels being addressed today involve a total of 3.12 acres
of right-of-way. He pointed out that staff is considering z, cqutrtng
the needed acreage in easement, not fee simple, in order to recognize
the development rights of the remainders for the properties involved.
Mr. Archibald confirmed that the segment south froin Davis
Boulevard to Rattlesnake Hammock Road has been awarded by t~,e Board of
County Commissioners to a consulting firm, and staff is currently pre-
paring the contract for same. He related that one of the cc,ncerns
regarding extending Santa Barbara Boulevard to the south is whether it
will tie into St. Andrews Boulevard or one of three routes ~eing con-
sidered at this time.
Co~lsetoner Shanaban moved, seconded by Coutsstoner Hasse and
cm~rledm~mi~ousl¥, to approve the acquisition by gift, purchase or
P~age 13
November 5, 1991
con~nmatton of th~ l~rl~tua! road, utlllt¥ ~d dratnatge easements
which ~e r~qutred for the construction of road, utility and drainage
l~rov~m~nta on Santa B~rb~ra Boulevard and Logan Boulevard, thereby
~/optln~Re~olutton 91-761.
Pa~e 14
November §, 1991
~[E~T~WH~I~IN T~E 0W~ER OF PROPERTYAT THE NORTI~WEST
CiY!01~ OF TH~ INTERSECTION OF LIVINGSTON ROAD AND RADIO ROAD AGq~EES TO
D~NAT~ TWO (2) ROAD, UTILIT~ AND DRAINAGE EASEMENTS, AS WELL AS A
TEMPORANT CONSTRUCTION EASEMENT, IN EXCHANGE FOR VARIOUS
CON~IDERATION~ FROM COLLIER COUNTY - APPROVED
Transportation Services Administrator Archibald confirmed that
this item involves an agreement with a property owner who has property
at the northwest corner of the intersection of Livingston Road and
Radio Road, realizing that Radio Road is currently in place but
Livingston Road has not been constructed at this point in time. He
explained the agreement sets forth the acquisition, at no c~st to the
County in dollars, for right-of-way along Livingston Road n.~rth and
south as well as a portion of Radio Road running east and w,~st. He
reported the need to address an expiration date in the agreement. He
requested, subject to review by the County Attorney's Office, that the
Easement Agreement be amended on paragraph 3 to add a sentence to
indicate "The Easement Agreement, for the purposes of the T~mporary
Construction Easement, has an expiration date of either completion of
Radio Road four-lantng and/or by December 31, 1994."
In response to Gcmmtssioner Volpe, Mr. Archibald report(~d that the
$13,000,000 loan covered both Phase I and Phase II of the four-laning
of Radio Road.
In reply to Commissioner Volpe, Mr. Archibald reported lhat the
County is paying for the subject construction easement in terms of
commitments, i.e. there will be a median opening on Livingston Road at
the intersection of Market Avenue, currently a platted public roadway
located north of Radio Road and running parallel with Radio Road, and
that the parcel in question will have access to Livingston Road when
sa~d road is built. He acknowledged there are similar co~uitments
relating to Radio Road. He reiterated that costs incurred by the
County are costs for design only.
Commissioner Volpe stated he does not want, through this nego-
tiation, to give up any commitments that the County extracted from the
property owners when they previously came in for their amendment to
P~ge 15
November 5, 1991
the PUD.
County Attorney Cuyler pointed out that Exhibit "A" Is labelled as
a right-of-way easement when, tn fact, it should be noted as a utility
and drainage easement. He concluded that the same change s;hould be
made on all applicable exhibits labelled anything less than a full
easement.
Cc~dNioner S]~n moved, seconded by Couissioner H;asae and
cal-~iedun~nt~ousl¥, to approve the Easement Agreement, Including an
mmend~ent that same will expire when the four-lantng of Rad.[o Road is
completed m~d/or by I)ecsmber 31, 1994.
l'age 16
November f~, 1991
I~SOLOTION 91-762 RE FIXED BASE OPERATOR BLDGS.; RESOLUTIO~ 91-763 RE
FUEL FARM; ~SOLUTION 91-764 RE LIGHTING OF TAXIWAY "B"; ARD
~OLUTION 91-765 RE AIRCRAFT PARKING APRON & TERMINAL PARE ING AREA
R~LATIVE TO JOINT PARTICIPATION A~REEM~NT TERMINATIONS WITB THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS AT TI~E IMMOKALEE
AII~PORT - ADOPTED
Transportation Services Administrator Archibald stated this item
involves a eeries of Joint Participation Agreements (JPA's) between
Collier County and the Florida Department of Transportation, almost
all of which were developed while working together for an FB0 (fixed
base operation} site, intended to be consistent with the Immokalee
Master Plan and located on the west side of the airport, but which has
sllbsequently been postponed at that location. He explained that staff
is desi~ning a similar site to serve the FB0 (flxed base opEcration}
function on the east side of the airport rather than on the west side
and, consequently, all the JPA's which staff and the Board of County
0ommlssioners had approved relative to a building, parking &pron, fuel
farm and taxiways were to serve the fixed base operation prcposed on
the west side of the airport. He confirmed that, as these are no
longer applicable, the FDOT has asked sZaff to terminate the Joint
Participation Agreements (JPA's). He related that the FDOT (Florida
Department of Transportation) may allow modification of the 3PA (Joint
Participation Agreement) for the taxiway and possibly use sone of
those grant funds to improve portion~, of taxiways to serve an FBO
(fixed base operation) located on the east side of the airpo:rt. He
relayed staff's recommendation that the Board of County Commissioners
· approve staff's termination of these JPA's wt~h the exception of one,
that being the apron and terminal parking area, with the condition
· that staff be allowed to negotiate with the FDOT (Florida Department
of Transportation) regarding whether that JPA can include ~axtway
construction and, if so, the JPA should remain intact.
In response to Commissioner Shanahah, Mr. Archibald an~wered that
Ihe grants received by the Gounty for development of the industrial
~lrea remain in place and are not affected by any action proposed
Page 1 7
Novembe~ 5,
today. He added that the state has ongoing grant programs such as
this.
Mr. Archibald stated he would like the ability to corot thus to
negotiate with the FDOT (Florida Department of Transportation) to
determine whether it is possible to restructure the JPA dealing with
apron and terminal parking. He reported it does require ma:chtng
funds.
Frances Barsh, member of Taxpayer Action Group of Colll~:r County
(TAG), inquired whether anyone was aware of the envtronmE:ntal impedi-
ments at the onset of this project.
Mr. Archibald responded that one of the JPA's (Joint Pa:~ticipation
AGreements) dates back to 1988 and is not something which has Just
come about. He concluded there were so many environmental constraints
that the FBO location has been abandoned and relocation fror~ one side
of the airport to the other side has occurred.
Me. Barsh suggested it would be wise to see if all aspects could
be examined at the beginning to determine what impediments f:xtst
environmental/y, etc., so that once the plan ~s set it can proceed
quickly.
Mr. Archibald pointed out that in the State of Florida ~ith each
passing year the rules change, stipulations increase, etc. He
concluded there is a need to be flexible in the long term p?.anning.
Tape ~3
Fred Tarrant expressed a desire to see the Board of Cou]~t¥
Commissioners refuse the grant money.
In reply to Commissioner Shanahah, Mr. Archibald conriffled an
attempt will be made to tenegotists the aircraft parking ape.on and
terminal parking as well as the lighting of taxlway B, but added there
is an operational problem with the latter.
Co~ssioner Shanahan ~oved, seconded by Co~lssicner Vclpe and
carried unanimously, to &pprove the teraination of the fiaed base
o~rat~on bn~ldinge, the fu~l farm and the lighting of taxiway B,
#bile continuing ~n attempt to renmgotl&ts the mircraft l~arklng apron
Pl~ge 18
November ~,, 1991
and teralnal p~rktng, thereby adopting Resolutions 91-76~, 91-763,
92-764, ~ld 91-765.
]'age 19
?*t~m ~'8D1
November !~ 199!
BID ~91-1771 FOR CONSTRUCTION OF NORTh[ COUNTY REGZON&L WATI~ TREATMENT
PT~UIT - A~LRDID TO ~T MONUMENT COI~TRUCTION COMPANY FOR $14,790,000
Assistant Utilities Administrator Bloetscher reported there were
eleven responsive bidders on this pro~ect, and the plant wes reduced by
$1,000,000 at bond issue based on these bids. He reported the overall
low bidder was Great Monument Construction Gompany with a k. id of
$14,790,000 and excludes the membrane guarantee price which appears on
the bid sheet. He confirmed a Notice of Bid Protest was filed with
the Purchasing Department by one of the bidders regarding irregulari-
ties on the bid bond, but has subsequently been withdrawn.
Commissioner Shanahan reported receipt of telephone calls
inquiring whether this project, the needs and assessment, a~ well as
pTo3ected usage of this facility should be reconsidered.
Mr. Bloetscher clarified that the comments refer to a claim by the
City of Naples that they have excess capacity ]n their existing water
treatment plant, adding that staff's research ]ndlcates the City
of Naples' permit is for 20,000,000 gallons per day. He re~lected
that a review of their past records reveal their maximum was 22.1
m~ll~on ~allons per day with an average of 16.
In reply to Commissioner Shanahan, Mr. Bloetscher stated that,
according to DER as recently as this morning, the City of Naples does
not have 12 million gallons of excess capacity on hand. He
acknowledged the City of Naples may have a designed capacity of 31
mill~on gallons, based on the Safe Drinking Water Act, but w.ill have a
need for every bit of that capacity in their existing servic(~ area by
the year 2000.
County Manager Dotrill Jnter~ected that, if the City of Naples is
now representing that they have excess capacity and are w~lllng to
sell wholesale treated water to Collier County cheaper than it can
build plant capacity in the future, from a business perspective it
would be silly not to do thaT.
Utilities Administrator Arnold stated his staff feels cez'tain
Page 20
November 5. 1991
that the additional capacity available in the City of Naplel., plant
will take a considerable amount of time, effort and additional
construction to make it available to the County's system. He stated
that, after checking the City of Naples' permitting capacities, in
place capacities, comprehensive plan and Its projections, staff feels
the City of Naples has a considerable amount of remaining service area
to serve and that the size of their plant was predicated on serving
that area, He pointed out That the Grey Oaks parcel Is in the Ctty's
service area and will reprenent a considerable demand on their system.
He predicted that an additional 6,000,000 gallons from the City of
Naples will not carry Collier County more than perhaps three or four
years. He reminded the Board of County Commissioners that bonds for
this pro3ect have already been sold.
County Manager Dotrill reiterated that if Collier County can delay
the 1994/95 water treatment plant expansion because the County can buy
wholesale treated water cheaper from the City of Naples then that is
what should be done as it will prevent another rate increase when it
is t~me to expand that water treatment plant.
Commissioner Shanaham pointed out that Collier County gave the
City of Naples back 1.3 mtl]lon gallons in capacity as of Monday.
Commtssloner Saunders suggested that if the County is going to
explore the possibility of buying wholesale treated water from the
City of Naples, it should be done prior to building Phase I.
Commissioner Volpe commented that It seems, in any event. that the
County needs the proposed water treatment plant, and Mr. Arn~)ld
concurred.
Discussion ensued regarding the pros and cons of putting the
County's proposed water treatment plant on hold based upon the possi-
bility that the City of Naples may have excess capacity available to
the County.
County Attorney Cuyler pointed out that the Board of (;ounty
Commissioners last week passed a County Water District Resolution that
provided for a number of things, one of which is a closing on the bond
Page 21
November 5, 1991
issue proposed to take place tomorrow and Thursday.
Charlotte Westman questioned why this discussion is taking place
at this time. She stated she wants to know the identify of those who
have raised this Issue at the last moment and asked why they are not
present to provide Input.
Co~/~ioner eaualders left the ~eeting at 12:59 P.M.
George Keller, President of Collier County Civic Federa':ion,
suggested it will do no good to delay this project for even a day.
Mr. Bloetscher explained there are waters with dlffel'ent chemical
compositions and proceeded to discuss the requirements fc)r m~txtng the
City of Naples water supply with the County's. He concluded that the
well field capacity is an issue to be considered as well as the fact
the City of Naples has historically had difficulty providing. water
outside Its current basic service area.
Commissioner Saunders returned to the meeting at 1:04 P.M. stating
he has spoken with Richard Woodruff, who In turn had spoken with the
Ctty's Utilities Director. He confirmed that, based on this com-
munication, he feels it beneficial to approve the award of the bid
today. He stated that the City of Naples does have some excess capa-
city; their well fields have a capacity of 42,000,000 gallons per day;
their plant design capacity is 32,000,000 gallons per day; they have a
permitted capacity of 17.4; and their average production .is approxima-
tely 17,000,000 gallons per day. He related that the City of Naples
can probably provide the County with 5,000,000-6,000,000 !tallone per
day fairly quickly and are desirous of the opportunity to consider
that during tile interim period of construction of the County's water
treatment plant.
Commissioner Saunders ~oved, seconded b~ Commissioner Hesse and
carried unant]~u~ly, to approve staffes reco~ndatione to award aid
· 91-1771 to great Monument Construction Co~pan¥ in the ~)unt of
$14,790,000; )mtve the Informalities in the low btdder'o bid sub-
~teeton ~ Identified in the lett,r of October 30, 1991 f~oa the
Purcha~ln~ Director; authorize th. design engineer and utilities dirt-
P~ge 22
staff to revte~ all the required documents of the
ltto~s Office prior ~o receiving the Chatrm's sl~atu~'e;
nt~rtze t~ Utilities A~intstrator to ts~e a Notice to Proceed to
c~t~actor u~n ~ev~ ~d accept~ce of ~he f~nal do~nts.
~D2
~ ~R ~ ~C~E OF ~ ~~ ~CH ~S ~QUZ~D FOR THE
Z~~TZO~ OF A S~ ~RCE ~ZN ~ ~ E~~ ~N
I~~ RO~ ~ILI~ I~O~S ~OJECT - ~PRO~D
Utilities Administrator Arnold reported this item, although origi-
nally included on the Consent Agenda, was moved to the regular agenda
to correct a date error in the easement document, the correct date
being March 31, 1992. He confirmed that the easements are being
~urchased from the property owner for the appraised amount of the pro-
perty.
Cmma~sstoner Shanahah ~oved, seconded by Conission~r Hasme and
cmxr~ed unanimously, to a~r~e the Easement A~eement.
Pa:le 23
November 5, 1991
~J~OLUT~ON 91-766, RE ADVERTISING OF ~IVE (5) ACRE PARC]IL 0]? CO~
~ ~~ ~AC~ TO ~E COLLIER C0~ ~DFILL IN ~]~E~ ~OR
County Manager Dorrill explained this item is a proposal to soli-
cit bids to lease a five (5) acre tract of land adJacen~ to the
Inunokalee Landfill to serve as an agricultural plastics recs'cling
facility. He related there is only one firm currently showing any
interest in the site. He confirmed that the County Attorney' has made
a ruling that proposals must be solicited.
In reply to Commissioner Volpe, County Manager Dotrill stated the
mariner in which this parcel is identified could not serve or be part
of the active landfill itself.
Frances Barsh raised questions, one regarding owner~hip of the
facility at the end of the lease, to which County Manger Dotrill
answered he will not have that answer until such time as he has nego-
tiated a lease.
Commissioner Saunders interjected that, regarding long t.~rm
leases, typically at the end of the lease the facility ~s pu:chased by
the County at fair market value.
Commissioner Volpe commented that, due to the potential of creating
hazardous waste, any proposal should include security to ~nsure proper
cleanup, monitoring, etc.
County Manager Dotrill stated such issues may come into t,lay
durin~ final negotiations. He explained that the vendor currently
interested in this proposal is concerned over the fact that lhe
existtng site is where the County has stockpiled approxlmate]y
2,000,000 pounds of agricultural plastic, and is requesting to be
absolved from any responsibility over the existing site.
~te~o~r Shanahah ~oved, seconded by Co~iseloner Hmsse ~nd
~l~ ~nl~ou~ly, to approve ~dvertieing of the five acre p~rcel of
Counter l~z~ for leaee and a finding that the htgheet and ~eet use of
· ald p~r~i is ~ a plastics recycling facility, thereby adopting
Re~,!=~t=a 91-766.
,~ ~CO~lr~r. 57 Pa,]e 24
November 5, 1991
ltem d~OH1
~O]~][ ORD~Iq~MBP-1 ]~ARDIN~ ~I~IN~ S~ICES FOR T~IS CO~T
X~~ AT COLL~ CO~ ~CQUET CL~ - APPRO~D
Office of Capital Projects Management D~rec~or Conrecode explained
this item relates to approval of a Work Order to provide for improve-
ments to tennis courts at the Collier County Racquet Club on Marco
Xsl~d. H~ stated ~he facility consists of five tennis courts, ~hree
of which are in need of ~mprovements, including the replacement of two
courts with clay and a third with an artificial cushion material, as
well am lighting of the entire facility. He related the design is
~dgeted in ~nd 001, Cost Center 156332, in the amount of $8,500.00,
wlth construction proposed to be funded out of the same account.
Co~lssioner Saunders stated he ts somewhat troubled with this
partl~lar facility and requested a report on the ultimate disposition
of s~e.
Co~t~stoner Shanahan countered that considerab~e ana]ysis by a
number of persons concluded that upgrade of the two courts and addi-
tional l~provements will result in a very profitable entity.
In reply to Commissioner Hasse, Mr. Conrecode reported that the
l~ghts ~1~ be metered, and the hourly charges and annual memberships
will increase at the time of completion of the improvements. He
reported tha~ without this facility there will be a level of service
standa'~d deficiency on Marco Island.
~ call for the ~estlon, ~tlon c~rted ~l~o~ly.
Page 25
November 5, 1991
$$~ ~ed: 1:20 P.M. - Reconvened: 1:30 P.M. at which tt~e
De.lmt~ Clerk ~uevtn replaced Deputy Clerk Farrim ***
DIllCU88ION OF TOURIST TAX LITIGATION ~ OPTIONS RELATING THERETO
Assistant County Attorney Wilson advised this Item was added to
the agenda to provide the Board with a report on legal options
regarding the Tourist Development Tax. She reported the Second
District Court of Appoels (DCA) overturned the Trial Court's decision
and found that the ordtnanc~ was invalid and improperly passed, there-
fore, the tax is illegal. She said the Board of County Commissioners
now has the option to pursue a request for reheating and clarifica-
tion, which must be filed b~! November 14th. Based on the content of
the Order, she said, there may be an argument the County can make
stressing additional points for the Court to reconsider. She added
there are also points of clarification the County Attorney's Office
would like to ask the Court to address. She mentioned if the Board
directs Staff to pursue the motion for reheating, the question of
whether to continue collecting the tax and for how long, needs to be
addressed. She recommended continuing collection of the tax up to the
date of the Final Order from the Court.
Go~untssioner Saunders asked if continuing to collect the tax will
put Ms. Wilson and the County at risk for not complying with the
ruling, in light of the pending Order?
Assistant County Attorney Wilson asked the Board to give the
County Attorney's Office the flexibility to make that decision. She
said one of the purposes of the clarification is that neither the
Order nor the State Statute give any direction regarding whether there
should be a refund and if so, what procedure should be taken.
Commissioner Saunders mentioned having received a phone call from
Joe Frent with the hotel Industry, who suggested in an effort to pro-
mote the best interests of the community, that the Board of County
Col~missioners meet with the plaintiffs to work out a compromise before
the Final Order. He indicated filing a motion for reheating will pro-
Page 26
:i
November 5, 1991
vide more time to work out the issues, and agreed with the suggestion
for a ms,sting be:ween the parties.
O~;,~issioner Goodnight reported having asked for a meeting several
months ago and was told they were not willing to negotiate unless
the baseball stadium issue was removed from the tax.
Assistant County Attorney Wilson stated she has not been
approached to work out a settlement. She requested the County
Attorney's Office be included in any negotiations, because of a con-
cern that there may be people who do not have the same interest as the
hotellets who may want to sue the County after a settlement is
reached with the hotel industry.
Co]amissioner Volpe supported filing for reheating. He said with
regard to the question of collecting the tax, however, the County has
received a decision from the Court saying the Ordinance is illegal.
He sta'~ed although the decision is not yet final, he is concerned with
continuing to collect the tax for any period of time. He also
cated concern with negotiating a settlement after the Court has ren-
dered a decision.
Col~missioner Shanahah gave the opinion that discussions with the
plaints[ifs would be to explore how the tax can be structured in a for-
mat to be presented to the population in a referendum, rather than
discus!~ing a settlement out of Court.
CoI~issioner Goodnight volunteered to meet with the plaintiffs, if
that i~ the consensus of the Board. She reiterated, however, that the
concern of the hotel industry wa~ the inclusion of baseball in the
tax, e~,en though the voters of Collier County supported the tourist
tax with one cent set aside for baseball and recreation.
Co]missioner Shanahah agreed with Commissioner Volpe that collec-
tion of the tax should not continue, and suggested that it be stopped
as of October 3~st.
County Attorney Cuyler advised if the motion for reheating
granted, there wtll be a period of time before the case goes before
the Secon~ DCA again, He said it is not the intent/on to collect the
Page 27
November 5, lg91
tax a'~ring that entire time, however, he needs a few days to make the
necessary arrangements with the Tax Collector's office to discontinue
the collection.
Assistant County Attorney Wilson added she would also like the
opportunity to inform the people collecting the tax of an across-the-
board definitive date.
Commissioner Shanahan Inquired what the County will be asking for
in its motion for clarification and reheating7
County Attorney Cuyler reported the Second DCA seems to tndlcate
there is no evidence in the record that the Board of County
Com~i~;sioners attempted to compel the Tourist Development Council to
supply a plan. He said that leads him to believe there is further
action the Board can take, however, it is not clear to what extent or
under what circumstances. He stated that is one point of clarifica-
tion they will be asking for. With regard to possible discussions
with the plaintiffs, he said since the Order of the Second DCA is not
final, it is his belief there is probably a mechanism in the legal
procea:s to do that.
Commissioner Saunders commented if there is an ability to meet
with the plaintiffs and work out a tourist development plan that is
acceptable and ultimately approved by the current Tourist Development
Council, it is his belief there is an opportunity to salvage some por-
tion of the tax. If that happens, he said, it would be a mistake to
terminate collection of those revenues until a settlement has been
determined.
Commissioner Hasse suggested that Commissioner Goodnight, as
Chairman, meet with the plaintiffs along with Assistant County
Attorney Wilson and in the meantime, the County should file for
reheating.
Tape e&
Co:mmlsstoner Shanahah communicated that as part of the motion for
clarification, the disposition of the montes on hand be addressed.
Commissioner Volpe asked that consideration be given to the posst-
Page 28
November 5, 1991
b~lity of pursuing remedial legislation with the legislative delega-
tion. He said the entire Issue is the Statute seems to be unclear.
He stated that may provide the vehicle that would allow the County to
keep 'the money collected.
Co~missioner Hasse asked where the Gount¥ went wrong7
ANststant Gounty Attorney Wilson replied there is no case law that
clearly addresses these issues. She said in her opinion, the County
did nothing wrong and this is a matter of interpretation of State
Statute.
George Keller suggested the Board appoint Commissioner Saunders to
meet with the plaintiffs.
Ann Brunet commented the minutes from the May 29, 1990, Board of
Col/nt¥ Co~missioners meeting at which the tourist tax referendum was
decided, list only four people in favor of the tourist tax, with the
rematnin~ speakers opposed. She said her purpose at this meeting is
to correct that information. She advised that Ann and David Bruner,
Molly I~agee, Ken Hunt and ~ett¥ Gulacsik all spoke in favor of the tax
rather than in opposition as reflected in the minutes. She reiterate~
her position during that meeting, stating when tourists are using the
recreational benefit of the beaches and constitute more than four-
fifths of the users, there cannot be an honest fair share tax for
beach ]~enouriehment and maintenance without a portion of it being paid
for by the bed tax.
Ch~lrlotte Westman commented if this issue is placed on another
ballot, it is her belief that it will be supported, including base-
ball, at a very high percentage.
Fr~nces Barsh suggested rather than stating 68% of the voters were
in favor of the tourist tax, that the proper wording should indicate
68~ of those voters who voted that day were in favor. She said the
tax was: actually passed by 3.76% of the registered voters of the
Gounty, given that only 26,000 out of 64,000 of those registered par-
tlcipated in that ballot, with 17,000 in favor.
Commissioner Volpe stated if all else fails, the Board should
Page 29
November 5, 1991
begin to put in motion the process for getting this item back to the
electorate at the earliest opportunity. He also suggested the Board
discuss ho~ that will be done, and whether or not to utilize the
current Tourist Development Council or appoint a new Council.
C~ml~i~n~r 8h~uahan ~oved that the ~tion for reheartng ~d
clelficatl~ ~ filed, to lnclude asking for direction on the
a~riate pro--re for sto~tng collection of the t~; con~rrent
dlm~mi~with the plaintiffs to ~ c~ired ~y Coviastoner G~lght
or ~ ~~; co~tder etating the neceesa~ ~ork for ~-
~tt~g t~ ~t T~lst ~elo~nt C~cll; e~tablish ~ ordt-
~ for a ~ T~i~t ~elo~nt Co~cll with the tn~ent of asking
for a pr~ to ~ ~t on a referen~ An ~arch; ~d co~tder reme-
dial l~ielatton at the State level.
Commissioner Goodnlght commented the current member~ of the
Tourist Development Council are well schooled on the tourist tax, and
asked if it will be necessary to impanel a new Council7
Co~issioner Saunders indicated tt may be necessary to reconsti-
tute them as the Collier County Tourlst Development Council.
Assistant County Attorney ~tlson advised the idea of having this
~tem on the ballot in the Presidential Primary on March 10, 1992, has
been ~nvestigated. She pointed out the drop dead date for the
Supervisor of Elections is January 7, 1992, when the ballot must be
set tc. go. She said before that can be accomplished, the current
Tourist Development Council must be removed and a subsequent ordinance
~st k,e publicized to reinstate the Councll, with a Re~;olution that
n~es those appointed to the new Council. She added the new Council
~st t:hen meet at least 60 days before consideration of the ordinance
which sets forth the plan, and that ordinance must be publicized for
30 days prior to consideration of its adoption.
C~utsstoner Shanahah asked if the decisions are made at this
meeting, will Staff be able to meet those timeframes7
A~ststant County Attorney Wilson reported the Board would have to
decla:fe an emergency and set the ordinance now for establishing the
Page 30
November §, 199!
new Your/st Development Council, because they must meet at least 60
days in advance of considering a plan.
Commissioner Saunders commented if that were done, the question
would arise that an ordinance that will ultimately be a taxing ordi-
nance would be adopted by emergency, which is not a good path to
embark on.
Commissioner Shanahan stated his intention is to have this issue
on the ballot in March. He said if it Is difficult to do, but not
tmpos:sible, that is the route he would like to take.
Commissioner Volpe asked if this is an Item that may be submitted
to the electorate using a mail ballot, to which Assistant County
Attorney Wilson responded in the affirmative. She cautioned that the
Supervisor of Elections has Indicated a special election for a speci-
fic purpose will cost approximately $1S0,000.
County Attorney Guylet suggested the Board direct Staff to look
more closely at the possibility of a mail ballot and return with
recommendations.
Co~utsaloner Shmnahan amended the motion to includs the above.
Commissioner Volpe suggested that Staff also provide the Board
with a source of funds to pay for the mall ballot.
Co~missioner Shanahah amended the motion to include the above.
Upo~ being ~econded by Commissioner Hamse, the ~otion carried una-
nimously.
BOARD OF COUNTY CO{~ISSIONERS' CO~/UNICATIONS
Commissioner Saunders asked for an update of the status of eva-
luating the consolidation of Staff functions.
County Manager Dotrill advised the Board will be receiving his
recommendations early in January, 1992.
Commissioner Volpe commented a recent newspaper article indicated
the anticipated shortfall in funds for the transportation network may
be si~;nificantly reduced because of a slow down in the g~owth rate
and, therefore, it may not be necessary to con~31der a County-wide road
Page 31
November 5, 1991
assessment district,
Commissioner Shanaban stated the probability of road impact fees
being Increased significantly, along with the possibility that some of
the roads in the five year plan may be extended Into the 10 or 15 year
plans, may restilt in the gap being narrowed con:stderably regarding
road needs.
Commissioner Volpe communicated he is prepsming a memorandum for
the Board to consider asking the legislature fo~ an increase in the
local option gas tax.
It was the consensus to discuss increasing the gas tax at a sub-
sequent meeting after having the opportunity to review the material
being prepared by Commissioner Volpe.
see Co~missioner Shanahen moved, seconded by Commissioner Hasse
an4 carried unanimously, that the following items nnder the con-
sent agenda be approved and/or adopted: **"
Its #16A1
IRREVOCABLE L~I~R OF CREDIT ACCEPTED AS SECURI]~ FOR E]iCAVATION
P~RMIT NO. 59.426 "COLLIER t$ RESKNIFE", LOCATED IN SECTION 22, TOWNSHIP
48 800THr RA.q~E 25 EAST
See Pages ~ ~" ~ ~
Its #16&2
WATER FACILITI[S ACCEPTED FOR RIVeRCHASE SHOPPIN~ CENTER, PHASE I -
JFITH ~P~ILATION$
The water facilities to serve the 9ro3eot cannot be placed
Into service and no Certificate of Occupancy shall be issued
until the Florida Department of Environmental Re,~ulatton fur-
nishes a letter approving the water distribution system for
service, and;
Bacteriological testing has met the Count¥'s requirements,
and;
The Fire Flow requirements of the project have been
satisfied, and the Fire District furnishes a letter accep-
ting the fire hydrant for ownership and maintenance, and;
4. Receipt of payment of water usage from Utilities for bac-
teriological testing.
See Pages 77-- F~
RECORDED IN OR BOOK 1684 PaK~s 1653 - 1667
Ite~ #16A3
PINAL PLAT OF "HIDDKN HARBOUR AT VICTORIA PARK" - WITH STIPULATIONS
That the final plat not be recorded until the required impro-
vements have been constructed and accepted or until approved
security Is received for the incompleted improvements and
that construction shall be completed within 36 months of the
date of this approval.
November 5, 1991
2. Authorize the Chairman to execute the Construction and
Maintenance Agreement.
3. That no building permits be Issued until the final plat is
recorded.
See Pages Z/' ~.~
CHAIRMA]JTO CERTIFY TO THE COMPLIANCE WITH HUD RKGULATIORS AND
lq~(~ IN THE COMPLETION OF THE "VOUCHER FOR PAYMENT OF ANNUAL
CONTRIBUTIONS AND 0PERATIN0 STATEMENT" FOR THE SECTION 8: EXISTING
CERTIFICATE, VOUCHER, AND MODERATE REHABILITATION HOUSI]IG ASSISTANCE
PRO6~qAMS
See Pages ~S"- //_~
Item ~16A5
IRREVOCABLE STANDBY LETTER OF CREDIT NO. LC870-01632! FOR HOME DEPOT,
U.S.&.~ TO ~CE IRRKVOCABLE STANDBY LETTER Olr CREDIT NO. 28590
III- !
See Pages
Item#16B1 moved to #8B2
Item e16B/ mov~t to #8B3
£te~e16D1
;RAILHEAD IEIKISTRIAL PART UTILITIES lIPSIZING AGRI£KMENT
Item 916D2 mov~i to ~8D2
l~lOI Or DK~ NO. 633; 642; 667/669; 674; f~79; ~ 688
1~ AT ~ ~~ ~ORIAL G~ENS
Item #16E2
I~OCAL MATCHING FUNDS OF $5,000 FOR ~g ~DK~L ~ETIRED SKNIOR
~~ ~ (~) G~ ~INIS~D BY T~ VOLU~KR CE~ER
I~R ~ 1991/92
moved to #8G1
!~IC~]TIONOF ¢O~I~tACT FOR PURCHASE ANDSALE WIT~ COLLIE~ DEV~LOPMENT
~I~!~TZON FOR THE CARNESTO~N TRA3SFKR'STATION :
Se. Pages /3/-
Item
~O~-UT~0~[ 91-75~ R~IMPAN~r. LING TH~ NAPLES PRODUCTION PARK M~&GEM~NT
¢~TTEE
Item #16H2
See Pages
November 5, 1991
~.~TION 91-759 ESTABLISHING THE TL~N$ OF OFFICE FOR HE!iBXRS OF THE
MARCO ISLAND BEACH RENOURISHM~NT ADVISORY CONMIYTEE
Ira d~16H3
GRANT ~ WITH THE FLORIDA DEPARTMENT OF NATURAL RKSOURCKS TO
FRNPJLR~ TR~ WIGGINS PASS INLET MANAGEMENT PLAN
See Pages
Ita~ ,16H4 moved to #8H1
C~TIFIC&T~ OF ¢ORR~CTIO~ TO TH~ TAX ROLLS AS [~$~NT~D BY TH~
p~OP~RT~PFR&IS~R'S OFFICH
1984 TAX ROLL
~o., Date
283 10125/91
1985 TAX ROLL
271 10125/91
1986 TAX ROLL
257 10/25/91
413, 415
305/305
277/278
292/293
23/27
:It~,/6J2
1987 TAX ROLL
1988 TAX ROLL
1989 TAX ROLL
1990 TAX ROLL
1991 TAX ROLL
;p~'l~ik GJk~N TIMII FOR INMATK NO. 33523
10125/91-10/28/91
10/25/91-10/28/91
10/25/91-10/28/91
10/25/91-10/28/91
10125/91-10/28/91
It~m#16J
I:tIZSC"~LLABBO~$ CORR~SPONDKNCE - FILED AND/OR REFg:RRED
The following miscellaneous correspondence was filed and/or
referred to the various departments as indicated below:
Page 34
10.
11.
November 5, 1991
Letter dated October 9, 1991, to BCC from Richard Gotden,
Forest Area Supervisor, Division of Forestry, Department of
Agriculture & Consumer Services, re: Fire Control activity
for fiscal year 1989-1990 for Collier County. Copies to Jay
Reardon, Neil Dotrill, and filed.
Letter dated October 23, 1991, to Commissioner Goodnight from
Lewis O. Burnside, Jr., Director, Division of Housing and
Community Development, Department of Community Affairs,
enclosing Certification of Completion for Final Closeout of:
County of Collier, Community Development Block Grant,
Contract Number 84LG-§3-O9-21-O1-H34. Copies to Neil
Dotrill, Frank Brutt, and filed.
Copy of letter dated October ?, 1991, to The Honorable Mary
Ellen Hawkins, Representative District 75, from William E.
Sadowski, Secretary, Department of Community Affairs, re:
Review of Florida's Growth Management System. Copies to Neil
Dotrill, Frank Brutt, and filed.
Memo dated October 1, 1991, to Recipients of Official List,
from William E. Sadowskt, Secretary, Eepartment of Community
Affairs, enclosing copy of the 199i Second Official List of
Special Districts. Copy to Nell Dorrtll, and filed.
Letter dated October 16, 1991, to Commissioner Goodnight from
Philip R. Edwards, Director of District Management, South
District, Department of Environmental Regulation, re:
Collier County - WRR; DER File No. 112015835. Original to
Frank Brutt, copy to Bill Lorenz, and filed.
Dated October 11, 1991, from the Department of Environmental
Reglllation, Notice of Public Meeting and Notice of Proposed
Rule=.aking. Copies to Frank Brutt, Bill Lorenz, and filed.
Letter to Chairman, BCC, dated October 22, 1991, from Jon M.
Iglehart, Environmental Specialist, South District,
Department of Environmental Regulation, re: Collier County -
WRR; File No. 112038185. Copies to Nell Dotrill, Harry
Huber, and filed.
Copy of Notice to Proceed dated Octobe; 16, 1991, to Donald
B. and Joanne M. Stoughton, from Tony D. McNeal, Engineer,
Bureau of Coastal Engineering and Regularfort, Division of
Beaches and Shores, Department of Natu:ral Resources, re:
Permit Number: C0-320. Copies to Frank Brutt, Bill Lorenz,
and filed.
Copy to BCC of letter dated October 18.. 1991, to Stan
Chrzanowskt, P.E., Coastal Engineering Consultants, Inc.,
from Tony D. McNeal, Engineer, Bureau of Coastal Engineering
and Regulation, Division of Beaches and Shores, Department of
Natural Resources, re: Notice to Procured, Permit Number:
C0-272 M1; Permittee Name: Barefoot B~ach Associates, Ltd.
Copies to Nell Dotrill, Frank Brutt, and filed.
Copy to BCC of letter dated October 16, 1991, to Brett D.
Moore, P.E., Rumiston and Moore Englnee.rs, from Tony D.
McNeal, Engineer, Bureau of Coastal Engineering and
Regulation, Division of Beaches and Shores, Department of
Natural Resources, re: l;ottce to Proceed, Permit Number:
C0-334; Permittee Name: H.W. and Patricia P. Shepard.
Copies to Netl Dotrill, Frank Brutt, and fined.
Agenda for the November 4, 1991, Meeting of the Florlda
Advisory Council on Intergover~,ental ~elattons (ACIR), and
October, 1991, ACIR Bulletin.
Page 35
12.
November 5, ~991
Memo from the Department of Health and Rehabllitattve
Services to Chairman, BCC, re: Notice of Availability -
Emergency Medical Services (EMS) Matching Grant Application.
Copies to Neil Dotrill, Dr. Polkowski, Jay Reardon, and
filed.
1S. Minutes Received and Filed:
Golden Gate Citizens Advisory Board Public Hearing on
August 26, 1991.
Agenda and Minutes of July 9, 1991, Immokalee Water &
Sewer District.
Minutes of October 1, 1991, Marco Island Beautification
Advisory Committee.
Be
Minutes of October 2, 1991, ?elican Bay MSTU/BU Advisory
Committee.
Agenda of October 23, 1991, and Minutes of September 25,
1991, for Collier County Parks and Recreation Advisory
Board.
Minutes of October 7, 14, and 16, 1991, for the
Environmental Policy Technical Advisory Board.
14.
Notice to Owner dated October 11, 1991, to BCC from Scott M.
Kirkwood, under an order given by M.D. Hatwell Excavation,
for form, place and finish concrete at the East Naples
Community Park. Copies to John Yonkosky, Steve Camell, and
f~led.
15.
Notice to Owner and Notice to Contractor dated October 17,
1991, to BCC from Southern Sand a Stone, Inc., under an order
given by Florida State Underground for limerock for Radio
Road Widening Phase I. Copies to John Yonkosky, Steve
Carnell, and filed.
16.
Notice to Owner dated October 22, 1991, to Collier County
from Krehltng Industries, Inc., under an order given by Scott
M. Kirkwood, for concrete and/or all other related building
materials for County Job: Pine Ridge Road, Teddy Bear
Museum. Copies to John Yonkosky, Stew~ Carnell, and filed.
Preliminary Notice to Owner dated October 23, 1991, to
Collier County from Metal Building Components, under an order
given by Sun Structural Steel (T32942), for metal building
components for the East Naples Fire & Rescue Facility.
Copies to John Yonkosky, Steve Camell, and flied.
lB.
Notice to Owner dated Octob~? 22, 1991, to Collier County
from Krehltng Industries, Inc., under an order given by Scott
M. Kirkwood, for concrete and/or all other related bui]dlng
materials for County Job: #91-1674 from Good]ette Frank Road
to Livingston on Pine Ridge Road. Copies to John Yonkosky,
Steve Camell, and filed.
19.
Notice to Owner and Notice to Contractc. r dated Cctober 23,
1991, to BCC from Better Roads Inc., under an order given by
Ken Construction Company, for prime, ccver and asphalt for
4,566 sy for the Collier County Library'. Copies to John
Yonkosky, Steve Camell, and filed.
20.
Notice to Owner dated October 22, 1991, to BCC from Florida
Irrigation Supply, Inc., under an order given by Quality
Industries & Irrigation, for pipe, fittings, controllers,
November 5, 1991
heads and valves for Bid #90-1658, the North Naples Community
Park. Copies to John Yonkosky, Fteve Carne/l, and filed.
21.
From the Florida Game and Fresh Water Fish Commission, dated
October 21, 1991, Permit for Taking of Gopher Tortoises and
Their Burrows, Permittee: Charles R. Faulkner, The Deltona
Corporation; Permit Number: COL - 1. Copies to Neil
Dorrtll, Bill Lorenz, Stuart Santos, and filed.
22.
Letter dated October 17, 1991, to John A. Yonkosky, County
Finance Director, from Gary L. Moyer, Manager, Port of the
Islands Community Improvement Dtstric't, providing schedule of
Board of Supervisors meetings for Fiscal Year 1992. Filed.
23.
Letter dated October 17, 1991, to Commissioner Goodnight from
Wayne E. Daltry, Executive Director, Southwest Florida
Regional Planning Council, re: "Toll[late Commercial Center"
Application for Development Approval, DRI #2-9091-113.
Copies to BCC, Frank Brutt, and filed.
24.
Letter dated October 24, 1991, to Commissioner Goodnight from
John A. Stanley, Compliance Officer, Collier County Tax
Collector's Office, re: Recommendation for Minimum Special
Assessment Bills. Filed.
25.
Letter dated October 18, 1991, to Comnissioner Goodnight from
Guy L. Carlton, Collier County Tax Collector, enclosing Forms
LGF 3 and LGF 8. Copies to Neil Dotrill, John Yonkosky, Mike
McNees, and filed.
· ATI~FACTION OF LI~N FOR RUISARC~ A.~tATEI'LENT ON PROPERTY OF OSCAR
ROMJkGU~RAt BLOCI~ 371~ LOT 31~ UNIT 11, MJI~CO IST~%ND
See Page /F~
SATISFACTION OF LI~N FOR NUISANCE ABATEMENT ON PROPERTY OF WILLIAM P.
FEN~ON, JR., LO~S 8 AND 9, BLOCK 13, NAPLES M~OR LA~_.S
See Page
SATISFACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF EARL N.
MILLEIt, LOT 5, BLOCK 343, UNIT ~0 OF MARCO BEACH SUBDIVISION
See Page / ~_~
S&TISFACTION OF LIEN FOR NUISANCE ABATEMENT ON PROPERTY OF MARY
~ST~)~ITO~ MA]tCO BEACH UNIT 6, BLOCK 235, LOT #4
See Page / .~/
SATI'FACTION 0, LIEN FOR NUISANCE ABATEMENT 0N PROPERTY OF GERHARD
DOEI~TER, R~GIST~tED AGENT FOR QUALITY CONSTRUCTION, LOT 22, BLOCK 138,
~LqltCO B~ACH UNIT FIVE
See Page
SATISFACTION OF LI~N FOR NUISANCE ABATEMENT ON PROPERTY OF EARL N.
MILL~, LOT 5, BLOCK $43, UNIT ~0 OF M~RC0 BEACH SUBDIVISION
( IN~1/89-2500 )
Item #16K2
SeePage /(~
ANTI-DRUG POSTER CALENDAR PROGRAM FOR COLLIER COUNTY MIDDLE SCHOOL
STUDENT~ $PONSOR~D BY THE COLLIER COUNTY SHERIF~'S OFFICE IN
75
Noyesbet 5, 1991
THE STATES ATTO~EY~$ OFFICE TO BE F~NDED BY $14,000
cx)!r:r'xscA'rAl~ TRUST FUND
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 2:45 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~'~approved by the Board on
PATRfCIA AN~E GOODNIGHT, ~AIRMAN
March 3, 1992
X
or as corrected
Page 38