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BCC Minutes 10/01/1991 R Naples, Florida, October 1, 1991 LET IT BE REMEMBERED, that the Board of County Commissioners in i~. and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special di~3tricts a~ .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 the ifollowing members present: ALSO PRESENT: CHAIRMAN: VICE-CHAIRMAN: Patricia Anne Goodnight Michael J. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders James C. Giles, Clerk; John Yonkosky, Finance ?A-Director: Annette Guevin, E/lie Hoffman and Debby Farris, Deputy Clerks; Neil Dotrill, County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler County Attorney; David Weigel and Dennis Cronin, Assistant County Attorneys; George Archibald Transportation :~ Services Administrator; Frank Brutt, Community Development Services Administrator; Jay Reardon, Emergency Services Administrator; John MadaJewskt, ProJec~ Review Services Manager; Bob Blanchard, Growth Planning Director; David Pettrow, Development Services Director; Martha Skinner, Social Services Director; Kim Polen, Environmental Specialist; Bob Lord, Planner; Sue Fllson, Administrative Assistant to the Board; and Deputy Byron Tomlinson Sherlff's Office ol Page October 1, 1991 AND CONSENT AGENDA - APPROVED WITH CHANGES CoBBlesloner Shanaban moved, seconded by Commissioner Hasse and carried unanimously, that the agenda and consent agenda be approv,sd with the following changes: Item #12D - Discussion regarding acquisition of Marco Utilities and Florida Cities Water Company - Added. (Requested by Commissioner Shanahah.) Item #16A4 - Recommendation to approve for recording the final plat of "Railhead Industrial Park" - Continued to 10/8/91. (Requested by the Petitioner.) Item #16B1 - Recommendation to accept two (2) Grant of Easements from the Country Club of Naples, Inc., to fulfill a requirement of SDP #89-113 - Continued to 10/15/91. (Requested by Commissioner Hasse.) Itsn'#aA 'CONSENT AGENDA - APPROVED AND/OR ADOPTED ~, The motion for approval of the Consent Agenda is noted under Item #16. tmm~3B iCLKRE*9 REPORT - APPROVED The motion for approval of the Clerk's Report is noted under Item OF REGULAR MEETING 0r 8/6/91, SPECIAL MEETING OF 8/7/91, ~RKSHOPS OF 8/8/91 AND 8/12/91 AND SPECIAL MEETING OF 8/12/9! - AS PRESKHTED Commissioner Shanaban moved, seconded by Commissioner Hasse and 'carried unanimously, to approve the Minutes of the Regular Meetin~ of 8/6/91, Special Meeting of 8/7/91, Workshops of 8/8/91 ~%d 8/12/91 and the Special Meeting of 8/12/91. ~SA .~E $~R%~K AWARDS - PRKSENTKD Commissioner Saunders presented services awards to the following Collier County employees: Ronald Hough - Road & Bridge/District 2 - 20 years ? Roger g. Baase - Parks and Recreation - 5 years Page 2 October l, 199! DESIGNATING OCTOBER 12-19, 1991, AS HISPANIC H~RITAG~ Upon reading and presenting the proclamation to Victor Valdez C~al~oner Saunders loved, seconded by Co~mleelonar Hesse carried ~ni~oully, that the Proclamation Deli~nating October 12-19, 1991, ~ Nilpanic Heritage Week be adopted. Page 3 P~OCLAMATION DESIGNATING THE MONTH OF OCTOBER, VIOLENCE AMA.RK]~SS MONTH - ADOPTED October ~, 199! 1991, AS DOI~STIC Upon reading and presenting the proclamation to Linda Winston, Commissioner Shan~han ~oved, seconded by Co~tesloner Saunders and 0cto~r, 1991, ~ ~aeo~tc Violence Awareness Month be adopted. Page 4 October I~"~IN RYAR R~COGNIZED AS EMPLOYEE OP T~E MONTH FOR OCTOBER~ ~I~9~ Co~issioner Volpe recognized Kevin Ryan, Utilities Services ~' '~ D~v~s~on, ae "Employee of the Month" for October, 1991. }Is e~pre~sed ~k~ congratulations and presented Mr. Ryan with a plaque and a $~0 catch award. 'ANNUAL REPORT OF TH]I COLLIER COUNTY FORESTER - ACCEPTED Chris Anderson presented the Annual Report of the Collier County ~ Forester, stating he looks forward to serving the people of Collier ,County for the next year. Commissioner Saunders moved, seconded by Co~-testoner Haese and ~ carried unanimous/y, to accept the Annual Report of the Collier County '3~, Forester. ~/qOIST FOa FUNDING BY DISTRICT EIGHT HEALTH COUNCIL, INC. - CONTINUED '9! Robert May, Executive Director of District Eight Health Council, ; Inc., explained his organization is a not-for-profit planning council for the seven County area from Sarasota through Collier County including the three in/and counties of Desoto, Glades and Hendry. He (:presented "An Action Plan for Regional Emergency Medical Services" and .~ a second report entitled "The Health of Southwest Florida", showing the six leading causes of death by race and sex experienced by the L ~seven-county district. He said the action plan was done through the cooperation of the seven county area along with a matching grant from the State. He noted Collier County contributed approximately $2,000 to the effort. He introduced Dr. John Udell, stating he is a qualified and recognized expert in the development of emel'genc¥ medi- cal services systems and programs. Dr. John Udell explained the scope and significance of the prevt- ~':'~i ous study to Collier County's emergency medical services activities. He mentioned the action plan included ad valorem taxes as a propos,-~d Page October l, 1991 of funding, however, to date, that source has not been enthu- isiastically endor.ed. Co~uaissioner Volpe questioned if Collier County has a designated trauma hospital? Dr. Udell replied the seven county area does not have any trauma designated hospitals. He said three hospitals handle the volume, but do not have the organized system of dealing with traumatically injured patients. Mr. May asked the Board to renew its commitment to the Health ~.~: Council in order to qualify for the follow-up match grant of $11,660. He said the pro rata share of Collier County will be $2,000, for which Council will include the trauma plan for Collier County to be sub- matted to the State EMS for approval. He said they will also be working very closely with the County's EMS Department on interlocal ": agreements that might further incorporate the seven county area into a regional plan that would have more flexibility to bring in outside g to deal with the problems. Me mentioned most of the other "~: County governments are willing to contribute a pro rata share of the !i i match funding. ~ '~.~, ~!;'~' Jay Reardon, Emergency Services Administrator, commented Collier y was asked to participate in this plan, which was basically a study on regtonalizatton and cooperative agreements with helicopter i.?~ trauma care. He said some of the closest counties to Collier do not have helicopter service to remove victims of illness and injury. He :stated he wholeheartedly endorsed the concept to investitjate whether reglonalizatlon is the answer. He mentioned since the original study completed, another Issue has evolved, namely the possibility of funding trauma care through an ad valorem millage dedicated to pay for ,;~. the unfunded trauma care not paid for in the hospital setting. He said Mr. May's position is to also assist In helicopter regionaltza- !'?~]-tton with a portion of such an ad valorem source. Commissioner Volpe commented Lee County has declined to par- tlctpate in this program because they do not see any particular public benefit to continued participation. He asked Mr. Reardon's oplnlon on Page 6 October 1, 1991 ,'~ee County has declined? JJ{%i~ Mr. Reardon reported his Department enjoys a very good working p with Lee County and the helicopter medivac service. He advised the original study was initiated based on regional helicopter emergency medical services, and Lee County was more than willing to participate. He gave his personal opinion that the two issues of regional helicopter service and unfunded trauma care should remain separate, although he cannot speak for why the Lee County Commission has chosen not to continue their participation in this program. '- Martha Skinner communicated her concern that very few people would be helped under This program. She said there are indigent cancer and i.i .AIDS patients as well as trauma patients, and Collier County does not have the funds to help them. Commissioner Hasse questioned if Collier County's helicopter costs mill be reduced by participation in a regional program? Mr. Reardon indicated there is an opportunity to maintain costs while improving service, which is why he is supporting the regionall- zatton concept. Mr. May remarked he is not asking the Board to buy into a funding rather to give the Health Council the funds to enable them 'to present the options and associated costs in order for the Board to [:/.decide what is best for Collier County. '' In answer to Commissioner Saunders, Mr. May replied Collier County !its being asked to contribute $2,000 that would qualify the Health for the matching grant for the next component of the study. li~ He said the State has already approved a grant of $23,500 if matching monies can be obtained from the seven counties. He noted the Health Council will provide one-half of the match with in-kind sexyices, and .many of the County governments have endorsed and made a commitment to fund a portion of the remaining $11,600 needed for the program. He mentioned Hendry, Gludes and Desoto Counties have given their commit- ~?:i.ilment while Charlotte and Sarasota Counties have Indicated they will. ':!~He explained Lee County has not been approached because of their 15 Page 7 October 1, 199! :request to wait until after October let. In response to Commissioner Volpe, Mr. May stated the District Eight Health Council, Inc., budget totals $203,000. Commissioner Volpe remarked he is not prepared to commit an add/- ttonal $2,000 for a study regarding unfunded trauma care without addi- tional input from Staff. Mr. Reardon advised there are two issues, unfunded health care for patients and the costs to hospitals associated with maintaining a trauma network. He said when a hospital is certified as a trauma certain skilled professional must be on standby 24-hours per day, which is very expensive. He agreed to provide the Board with add~tional information on those issues. Responding to Commissioner Shanahah, Mr. May advised the four acute care hospitals in Lee County have agreed to pay a portion of the funds if the Lee County Board of County Commissioners will not support the program. Co~m/eetoner Saunders moved, seconded by Co~missioner Volpe and c~l~rtmd ~l~lt~otlsly, to continue the request for funding of the District Eight Hemlth Council, Inc., until October 15, 1991. Frank Brutt, Community Development Services Administrator, explained this Subdivision Master Plan (SMP) was approved in June, 1990, and since the applicant has not proceeded in a timely manner to obtain the construction plans and p/at approval, Staff requests the Board approve action to have the SMP expire. He noted the construc- t/on plans and plat were submitted to Project Review Services on May ~.{~?:'20 1991 He said review was completed ~n June and additional infor- mation was requested of the applicant who has not responded. John MadaJewskt, ProJec't Review Services Manager, recalled the applicant requested and received Board approval in April, 1990, for ;~! two related Site Development Plans (SDP) prior to the SMP and platting Page 8 October l, 1991 process. He said this request was made to allow the petitioner the to apply for an exemption under zoning re-evaluation. He indicated Staff has put forth much effort on this project and has [ilrecetved no response from the petitioner. He mentioned Collier County is still owed approximately $66,000 plus Interest on a grant adml- ~.,nistered by the Transportation Department. In addition to the request to terminate the SMP, he asked the Board to cancel the two related SDP's due to lack of action on the part of the applicant. Co=,~tsstoner Saunders asked if the County Attorney's Office should take action regarding the outstanding $66,000? County Attorney Cuyler indicated he will proceed in taking appropriate act/on, however, being unsure of the applicant's financial status, there may be nothing ~o access. c~t~ ~i~1~, to allow S~-~0-1~ ~d ~h~ t~ r~lat.d SDP~ to a~r~ri~t. 1~1 action in r~f~r~nc~ to th. out=tudin~ $66,000 '~O~l CO~='ION SC~D~E ~OUGH ~ ~GLE ~STIN~ S~SON . ~) ~ ~ TO ~ GE~IN AUTO FACILI~ - S~JECT TO ~I~TIO~ Mr. Brutt commented this item is the result of a request from the Board regarding the desire of the Germain organization to continue ~!?construction during eagle nesting season. He said Staff was requested ilj:~to review and resolve two issues, the construction of a block wall rs. ~!~'}~ an earthen berm in the primary zone of the eagle nesting site, and to ~, determine what construction activity may take place during the ~ 1991-1992 nesting season of October 1 - May 15th. He indicated it was ~i' determined through correspondence with the U.S Department of Interior, Fish and Wildlife Service, that the two-foot wall was more beneficial than an earthen berm, therefore that issue has been !?? resolved. He noted the second issue related to the identification of ~,] types of construction equipment and/or techniques that may be used Page ~ October 1, 1991 g the eagle nesting season. He recalled the Getmain Ordinance !~i;~.specificaHl¥ states that all heavy equipment operation and other ~'~vities necessitating excessive noise shall be restricted to the non- i~~ 'nesting season, Hay ~5 - October 1st. He said Staff interprets that to mean construction activities may take place during the ~?'nesting season as long as those activities do not create excessive ii~!~ noise. He mentioned Staff reviewed information provided by the ii:ii;, Florida Game and Fresh Water Fish Commission which indicated the noise ii/level of the type of construction being planned will not be incon- e';. sistent with previously set guidelines. He said the Executive Summary !'~ contains three stipulations placed on the construction and Staff is ~; requesting two additional stipulations noted ~n the hand-out provided ~ to the Board. {Copy on file with the Clerk to the Board.) Bob Lord, Planning Services, explained the fourth stipulation is a 'i;. recommendation by Collier County which states if construction frightens the eagles, Getmain Auto Facility will stop the impacting construction until the Florida Game and Fresh Water Fish Commission ;~' finds a solution. He said the fifth stipulation states that the bald ~9 eagle nesting season will be determined by the Florida Game and Fresh Water Fish Commission in cooperation with Collier County Environmenta~ :. Staff and that the dates are a~proximate. Planner Lord addressed the remaining construction activities which :l';'ars in the secondary zone of the eagle nest. He said the petitioner indicates through his construction schedule and critical path chart, that during the 1991-1992 nesting season construction will continue in the form of exterior stucco, painting, curbing, paving, site lighting signs, sprinkler system and landscaping. He noted the concrete curbing and paving, which may be considered an impact, should be completed in late January or February. He added all construction and parking subgrade, including roofing, will be completed prior to the i nesting season, according to the construction schedule. }{e said .i~.according to the acoustical consultant, Dr. Robert Tanner, the noise .generated by the paving and concrete curb operation is much less than Page 10 '!' , October 1, 199! sound level limits established by County ordinance. He mentioned the noise generated by traffic on U.S. 41 at the site is more than ?.that which will be generated by those activities. Tape ~ Planner Lord stated in his opinion, the petitioner is doing all i}that is possible to satisfy the conditions of the Florida Game and !i.i'Fresh Water Fish Commission and still complete the project. He men- i'!? rioned Wiggins Lake, which is in the same secondary zone, is in the process of roofing their 12-unit building. He commented the eagles .hav~ been urbanized and are used to the noise and activities in the area. Commissioner Hasse asked if the eagles are nesting at the present time? Planner Lord stated they are present and flying to the nest, however, he is not aware if they are nesting at the moment. Commiss~oner Volpe commented the type of activity occurring at Wiggins Lake will not be taking place at the Getmain site. Planner Lord mentioned the petitioner may be doing some of those activities because they have introduced the new Lexus building. He ;~'satd they may need to do a roofing operation on that structure. Commissioner Volpe stated the construction schedule indicates that all roofing activity will be completed prior to the nesting season. Planner Lord stated the Lexus building is a small structure in the !i~'. extreme south corner of the property. He said the petitioner is attempting to do the construction with all consideration of the eagles setting steel with a forklift, which is very quiet, and setting the wood trusses by hand. He said the roofing operation will consist of pumping hot tar, which should not impact the eagles. He indicated not only can the eagles not see the site, there are many trees buffering ~ the sound. He said Dr. Tanner's report advised that from the nest, the sound would not be any more intense than the sound on U.S. 41 at mid-morning. . Planner Lord concluded that Staff is requesting the Board allow the construction schedule to continue, subject to the additional five Page 11 October 1, 1991 ~tlpulations which allow Staff to monitor the neet and stop construc- ~tton activities if necessary. i~" Attorney Bruce Anderson, representing Getmain Auto Facility, i'stated his client is in agreement with the additional Staff sttpula- 12tlons. He said the petitioner has retained the firm of Kevin L. Erwin i~iConsultin~ Ecologist, Inc., To propose a plan for the use of construc- ~tion equipment during the ne~3ttng season. He noted the Erwin plan has been approved by the Florida Game and Fresh Water Fish Commission and asked for the Board's concur=ence. Kevin Erwln, Consulting i~cologist, advised there is no previous stgnifica~nt background on th~se particular eagles other than the fact they seem to be tolerant to :~ome degree of human activity, given the location of the nesT. He said as the Getmains began negotiations for ~i~..the protection of the nest width Collier County Staff, his firm began ~-discussions with the Florida Game and Fresh Water Fish Commission and began monitoring the nest ea?lier during the year. He stated the Germaine were put on notice t:hat nesting could take place any time after August let. ]{e clarified the nesting season begins when the eagles are seen in the vicinity of the nest, not when they mate. He noted, having been informed t]y a Germain employee early in September that the eagles were in the .!~rea, his firm immediately began moni- toting the nest by having a biologist on site. He said the construc- tion operation at the Germai:~ facilities has been restricted significantly and tile Germai:~s have been fully cooperative. He advised the last of the heavy equipment was removed several days before being requested by th.~ Florida Game and Fresh Water Fish Commies/on. > In response to Commissioner Volpe, Mr. Erwin stated his firm has 'the authority to re¢~tre equipment to be removed and activities to cease through a contractual agreement with the Germaine. Commi~sioner Volpe questioned Mr. Erwtn if, in his professional opinion, these monitoring acl:ivities will prot~:ct the nesting of the bald ea~les? Page 12 October 1, 1991 ~'.'Mr. Brwin replied only as it pertains to the Germain site, i.however, there are many other activities in the area that have an ~ieffect on the eagles over which they have no control. He indicated belief that his firm can limit activities on the Germsin site eo .~as not to disturb the birds. He added it is Important to note the "lack of control elsewhere within the eagles" secondary zone could cause the birds to be unsucc~ssful during this breeding season. The following people spot,me in opposition to the continuation of ii;constructton activities duri;:lg the eagle nesting season for the followin~ reasons: the eagl,~,s are An ~he area and ~he PUD document clearly states construction ~ctivities ~ill cease during that continuation may constitute ~ taking of the ea~le nest and a loss of eagles in this area; the eagles are not urbanlzed and are disturbed the presence of humans ~00 y~rds away; correspondence is available, 'but not presented b%, the pet:[riCher or Staff, from re~latory agencies [declarin~ it the legal respo~.sibllity of the developer to insure the eagles do not abandon their ~es~; although the eagle ordinance : is not ~n place, ~he County (~.oee have the authority %o manage the ;.eagles' primary and secondar%~ zones through the Comprehensive ~lan, ~.Ob~ect~ve 7.~.4: ~'~ Rocky Farkas Chris ~traton Holly Sherwin gary Beardsley George Keller cohented th~s ~s the fourth time ~he Board has been asked to listen to this topic. He said taxpayers are disturbed wl~h '.the money and time being spen~ on these minor t~sues. e$ ~ Clerk Hoff~ replaced Deity Clerk Guevtn at thil time Commissioner Saunders ren~arked that he is confused by some of the factual information that has been presented. He referred to a le~/er from William R. Cox, signed k~y Linda Gonsales of Kevin L. Erwin Consulting Ecologis~, Inc., v~htch indica~es "...most, if not all, of the heavy e~tpment use will be completed before October ~, 1991. LAgh~ e~ipment and paving equipment are scheduled ~o be used during ,.[:= the nesting season (October ] to May 15)." He noted that the second Page 13 October 1, 199! [:!page of the letter states: "Paving equipment w111 be used sometime towards the middle of March or April, 1992." He pointed out that Don of the Florida Game and Fresh Water Fish Commission (FGFWFC) ~.responded to that letter which states: "...In my view, proceeding with that construction per the conditions and restrictions you tndt- i?Jcated would not be inconsistent with our prior consultory input in matter." He questioned whether the current plan is different from what is described by Mr. Cox in his letter. Mr. Erwin replied that the purpose of the May 21st letter was to i;,"with. He reported that there is an eagle management plan for a par- [j~.,~ticular area and the guidelines are very general. He explained that ~the construction schedule varies and certain things had to be elimi- :.?nated from the site and other types of equipment had to be utilized. He indicated that he is attempting to moderate the activity on the construction site so that it does not negatively impact the nesting {?,::pair of eagles. Commissioner Saunders stated that Mr. Germain is very willing to comply with all regulations, but questioned whether the FGFWFC signed off on what is being requested today. Mr. Erwin replied that there is no intention on his part to have ~.. FGFNFC authorize paving during the nesting season, noting that this refers back to the definition of "heavy equipment" and the generation of sound. He indicated that any piece of equipment that could be used and is quiet would probably be approved by the FGFWFC. He affirmed i)f.that there are certain times during the nesting season when those i~>ibirds are much more sensittv,~ to outside intrusions than others and therefore, it is important that the monitoring of same be continued. Gommissioner Saunders qu.~stioned what Mr. Getmain intends to do on the site from October /st thorough the end of the nesting season. Attorney Anderson advised that he understands that the paving is ':~not pro~ected to be until th~ time as referenced in the letter from '.:,. FGFWFC. He indicated that s~.ipulations require that anytime paving Page ! 4 October 1, 1991 ':~ is to be used, County Staff and the local biologist from the FGFWFC are to be contacted and receive their approval beforehand. Commissioner Volpe cited that he shares the same types of con- ,~.: fusion as expressed by Commissioner Saunders. He revealed that he did ~"~ not anticipate any heavy equipment operation since the vertical !construction and the parking sub grade including all roofing was to be ~completed prior to the nesting season, according to the construction ~/:schedule. He divulged that he assumed that all heavy equipment opera- ~ ' tion would be concluded prior to October 1st and between that date and jii. i..May 15th, the curbing and p~ving work would be operating in a gray area. He indicated that th~'ough letters from Messrs. Co~c and Erwin it the noise level from that particular activity that became re/e- rant. He revealed that he now understands that Mr. Getmain is :.(? requesting that certain roofing activities be allowed to take place. Mr. Anderson replied th~,t the roofing activity is to be hot tar. Commissioner Volpe repozted that the only study that has been pre- sented with respect to excessive noise is the report from Mr. Tanner and this report only speaks to curbing and paving but does not tden- ~: tif¥ these other types of activities. - Planner Lord declared that Mr. Getmain does not intend to Building #1, as referenced on the phasing plan, until 1992 noted that there is 800' of trees between this building and the eagles nest and staff feels there will be no impact by pumping hot tar .to the roof. ;: A discussion ensued with regard to the noise generated from the construction activity on the site. Planner Lord explained that the '.;no~se from the traffic on U.S. 41 is more excessive than any construc- ~/jltton activ*try which may take place on the project. He reported that .*the general contractor has committed to do everything in his power to ~,!.). manage that noise : Commissioner Volpe remarked that the analysis that was done did ]~;not contemplate the types of activities relating to the Lexus Page 1 § October 1, 1991 ialership and/or the body =~hop. He Indicated that there appears to i, be a change in the thrust of direction. Planner Lord advised theft the Lexus dealership is after-the-fact. He recalled that the Conunts~ton directed staff to determine the types of activities that could take place on this site, and noted that roofing is a part of future activities and the construction s~hedule. He explained that the equtpn=ent involved to lay the asphalt shingles in conjunction with the hot tar roofing, results in little noise which "in his view would not impact the birds. He reported that the defini- tion by DNR gives a broad overview of construction. He disclosed that a crane standing on the site that is visible to the eagles would Mr. Erwtn cautioned the Commission not to get hung up on the phrase "heavy equipment" Be suggested that when writing the orde- r.,. nance, that staff address the types of activities that could be ;".:i problematic for the b~rds, i.e. activities that generate excessive noise or activities that may be visible and could spook the birds. Gommissioner Saunders called attention to Ilene Adkison's defini- tion of "heavy and light construction" as taken from the City of Cape 'S: Coral's Wildlife Protection Ordinance. He pointed out that the definition of heavy equipment appears to be very satisfactory and reads as follows: "Heavy construction includes all construction actl- ies including but not limited to, blasting, paving, Jack-hammering, ~ use of pneumatic, electric, and internal combustion-driven tools or other equipment, earth-movin.g, excavation, well-drilling, lot clearing and grading, concrete work, =coring, framing, pile driving, seawall and dock construction, earth compaction, and other outdoor construc- tion and land alteration activities." Mr. Erwin replied that this definition is not satisfactory unless the Commission wishes to hav,~ a moratorium on all activities within a secondary zone of an eagle n,~st. He noted that this is the reason that it is important for everyone involved to work with the regulatory ~ agencies and staff to arrive at a definition of the types of activi- i. :' Page 16 October 1, 1991 ties that will not be acceptable for that particular pair of birds under those specific ctrcumf;tances that govern those birds. ': In answer to 0onuntsstoner Volpe, Mr. grwtn advised that there Is a j..-management plan for the site. He explained that when the plan was written the only available information was the nesting Information from the FGFWFC. He Indicated that the management plan was approved in 1988 for that nest in order for that specific parcel of property to be.properly planned. Commissioner Saunders asked Mr. Germaln to elaborate on the types ':~of activities that are anticipated to occur on his propE:rty over the next five months. Mr. Robert Getmain, St. advised that he would like to proceed with his project in an appropriate and responsible mann~:r. He stated that he hired the ecologist to monitor the nest and when he determined that some of the equipment was noisy, that function was stopped. He divulged that the body shop ~ill not be constructed until after the mating season since that building entails some noisy work. He indi- Cated that he desires to build the Lexus dealership as quickly as possible, noting that steel for that building is being erected with a fork lift and with individuals screwing down the beams. He explained !.,that no pneumatic tools will be used. He reported that the paving ill be done at the end of the project. Gomm%tsstoner Saunders questioned whether Mr. Germatn would be ame- nable to holding off on the paving until after the nesting season. Mr. Getmain stated that he is willing to defer the paving until clearance has been given that this activity would no longer cause any problem. He remarked that he is willing to cease operations imme- diately, upon oral notification from any State, Federal or Local agency, that the eagles were being negatively impacted. Mr. Getmain advised that he anticipates completion of the Lexus building within the next two weeks. In response to Commissioner Volpe, Mr. Getmain stated that he con- curs with the two additional stipulations as presented by staff. .' Page 17 October 1, 1991 ~er Saunders pointed out that Mr. Germsin has indicated that'the construction of the Lexus building may be completed within weeks and questioned whe'~her there is a time period during the day ':!i~when these activities would be less offensive to the birds. Mr. Erwin replied that presently, the birds are not on the nest, i'i~o~ing that if the type of activity on the Lexus building that is currently taking place continues in the same vain, he would not have a 'irecommendation that construction be shifted to any particular time of day since no noise is generated. :.. Mr. John Keschl stated that Mr. Germsin is willing to proceed with his project in a responsible manner and he should be given that right. ;Re noted that there currently is no eagle ordinance and suggested that ~!staff draft same. Co~imetoner Shanahen moved, seconded by Commissioner Hawse to approv~ the propo~ed construction schedule and activities during the 1991-g2 nesting eeuon, subject to Mr. Ger~ain~s commitment to proceed with caution; work with the l'ederal, State and Local Agencies and if an~ of those reeq)onsible parties determine that the birds are being disturbed, i~ediate action t:o be taken to cease and desist; no paving until a£ter the nesting; and the following additional stipulations: l~titioner shall notify, in writing, USFWS, F~I~FC end Collier County ProJl~ct Review Services Environmental Staff, two (2) weeks prior to the co~ence~ent of ~y activities ~ch as ~vtng, ~rbtng or other approved activities desi~at~ ~d deriliad as 'hea~ const~ctlon" ~ CC~. Notification shall include dates, tt~es (hours of operation), ~ of activity ~ e~ipment, location as it relates ~o the ~ld Eagle Nest, n~rs of e~ipment ~d the contact person res~nsible for su~,~tsing the 2e During the operatlor~ listed in #1, the petttionsr~s environ- ~ntal consultant st~11 ~onttor the Eagle's nest daily for a mlnimra~ of one (1) hour between the hours of seven o~clock A.M., and nine o~clock A.M., unless other hours are recomm- ended by FGFWFC. The consultant shall contact Project Review Services ~nvironmental Staff, daily to inform the~ of the construction activities and behavioral response of the Bald Eagles. l~ving, the use of ~ny light construction equipment and any ~roved 'heavy cons~tructton activities" (as defined by CCNRD) shall be limited to the days agreed to between the Petitioner and the Itoard of County Commissioners. During the nesting ateaeon, should the bald eagle behavior be -determined by either Collier County or Florida !~ae and Fresh Water Fish Contsston (FGFWFC) as representing a negative October 1, 1991 response to st~ult such u construction activities, all acti- vities other than light construct/on as defined by Collier County Rat-oral Resources Department shall cease until such ti~e that FG~C local wildlife biologist ~kes a deter- ~ination to continue activitie~ or cease activitie~ for the reminder of the ne,st/n~ season. 5. Within the bald eagle nesting season as defined by Collier County Ordinance No. 90-50, Florida Game and Fresh Water Fish Co,mission local wildlife biologist, in cooperation with Collier County ProJ~ct Review Services - Enviror~antal Staff, shall determine the beginning and official ending of the bald ea~le nesting seu=a. Planner Lord questioned whether Mr. Germsin would be able to obtain a C.O. if there is no paving. Commissioner Goodnight replied she believes that he would be allowed a temporary C.O. which would enable him to move Into his building. Environmental Specialist Polen advised that Project Review Services reviewed this propo~al relative to certain construction acti- vities based on Collier County's Natural Resources Division's defini- tion of heavy and light construction, however, the Lexus Building #1 was not reviewed. She indiciated that staff only reviewed what had been submitted in way of the construction schedule. She questioned whether the roofing for the Lexus building is being approved during nesting season. Commissioner Shanahan pointed out that based on Mr. Lord's state- ments, the noise that would he generated from Installing the hot tar roof would not disturb the birds, and therefore that building could be :completed. ii~!. Ms. Polen explained that the types of construction activities that ~.are looked at when dealing with nesting bald eagles are lateral construction and spactal changes. She remarked that noise is one con- sideration. She recalled that the Commission directed staff to work with the developer to define the types of activities that can take [i. place on the site during the nesting season. She noted that the County's Natural Resources Division submitted a definition, based on i!i:,-'itght and heavy construction, a report has been submitted by Dr. Tanner, Involving noise control and using certain types of equipment. She remarked that there is no way for staff to evaluate that type of Page 19 October 10 199! methodology on a noise repor'~. She divulged that Environmental Staff their recommendation ba~ed on the contents of the report and the '~ definition of the light and heavy construction equipment. ~';. Community Development Selfvices Administrator Brutt advised that the roofing activity will nol: Interfere with the noise factors and staff will monitor same. Commissioner Saunders recommended that Environmental Staff be involved with determining whether there is an impact on the birds. He ""'stated if they have a problem with the roofing, that activity will " cease pursuant to the agreem~nt that Mr. Getmain has signed. ;',:~ Upon call for the questicJn, the ~otton carried unanimously. ~ Oo~testoner H~sse moved, seconded by Commissioner Shanahen ~nd ~": carrt~unant~onsly, that staff be directed to determine the work %hat is bein~ done in the primary zone, i.e the Boy Scout Camp or ~n¥ o~her iilii: aev~lop~ent that could possibly l~pact the eagles nest; ~nd that staff ~ fo~rd with the Eagle Ordinance. Page 20 October 1, 1991 *$* Recess 12:35 P.14. - Raconvsned 12:50 P.H. Ite~ ~9&4 . ~ ~IC~TIO~ 0F ~ ~ ~ USE EL~ ED~SSIN~ ~ION OF A~I~ C~S USES B~0~ ~ ACTIVI~ CX~ BO~Y C~I~ TO ~0/S/9~ Commissioner Goodnight advised that the petitioner for this item has left the meeting due to a personal problem and requests a con- tinuation to October 8, 1991. C~m/~ioner Shanahan ~ed, seconded by Coliasioner S~unders and 4/0 (Cmtssioner H~se ~t of the r~a), to continue Ite~ ~ttl Octo~r 8, 1991. ~9AS ~ OF LIEN I~SOLUTION 91-549, RECORD OF 01~qER JEWELDINE PETERSON - Community Development Services Administrator Brutt stated that item is an appeal from the property owner with respect to an '!~! assessment of lien for the cost of th~ abatement of a public ,misance. · He announced that all processes and procedures relative to an investigation of a violation have been followed. Mr. Brutt advised that inspectors went out to this property on i~' 'three separate occasions, as indicated in the Executive Summary. He explained that proper notices were sent; the work was done to remove the violation; and the lien was filed and approved by the Commission ~'on, September 3, 1991. ::[' Commissioner Goodnight ~Aesttoned whether staff is certain that ~the owner did in fact receive notice. She pointed out that Page 5 of the Executive Summary indica=es that two notices were sent but returned to sender. i.i".i'~ Mr. Brutt reported that the property owner did communicate to the i:Cierk that she desired to appeal the violation, which indicates that she had knowledge of the fac*~. He divulged that Ms. Peterson's handwritten letter reflects '~he same return address as that where the notices were sent. ~ ' ~ Ms. Peterson was not present at the hearing. Page 21 · ~11. October 1, 1991 In answer to Co~isston,~,r Shanahan, Hr. Brutt replied that to the 'best of his knowledge there are no extenuating circumstances in this '{~ '.'. matter. ~ '~' ~~onel' S~unders ~d, seconded ~ Co~iss~on,~r Vo~ end /c~ ~~ly, to den~ the apda[ of L~en Reeo~utton 92-549. ~ ON ~ ~GI~ING ~ DEI P~ING ACTIVITIES ~ ~ DH~O~ AT ~ I~EE AIn,T - ST~ TO ~EED - ~ ~ S~ ~[~D ACTIVITIES Transportation Services Administrator Archibald explained that this Item is a report and r,zcommendation involving the Immokalee ~. Airport relating to efforts that have been underway to develop an 'industrial area within the airport for a series of different purposes. He recalled that in June, 1!i}91, the Commission approved a consulting service contract with the firm of Delta Associates to undertake the design of water, sewer and ]~oads to extend the infrastructure from ~" S.R. 29 to the Industrial P~rk within the Immokalee Airport site. He ~'announced that one reason to, pursue the design activity was to take '-advantage of over $! mtllio~ in grant funds to construct those tmpro- resents. Mr. Archibald divulged that one of the first efforts in this endeavor was an environmenthol audit of this area, since there were concerns with regard to wild. life habitat, i.e. scrub Jays and gopher iii~ tortoises. He indicated that the Preliminary Development Agreement (PDA) proposed to DCA has been held up pending the State receiving /' information relative to the environmental issues that are a part of the study. : Mr. Archibald advised that the environmental audit did confirm the i'extstence of at least three family groups of scrub Jays on the western perimeter of the ]mmokalee A~rport. In addition, he noted that the 'audit ~ncluded the mapping of 200+ acres of habitat identified as "being associated with the forage area of the scrub Jays. He stated ~,that ~t has been determined that there are material adverse impacts to 33 Page 22 October 1, 1991 ~:'Jextending and developing th,~, western po.~tton of the Airport and ',,.. ,? ':. ,. extending the Infrastructure roadway up to the 400 acre area. Mr. Archibald reported that staff has looked at various alter- natives to ~lttgate the adverse impacts as follows: relocating the entr~ce road on the west a~.de and re-routing it to access the 400 acres fro~ a different location; and analyzing a mitigation plan ~nd ',,'cOSt of same. He reve~led that staff has reviewed the ~ast side of airport where a smaller ~ndustrtal area of 35-5~ acres could be developed, and 1,600 feet o~' roadway could be extended directly north 'from CR-846. He Indicated lhat this would be a change in the scope of the project from 400 acres ~n size to a project that may range from ~35-55 acres, depending upon permitting conditions. ~r. Archibald stated that st~ff is recommending that a number of the activities be re-directed as follows: Withdraw the PDA in recognition that the scrub Jay impacts may reduce the total number of available acres for develop- ment and reconsider the amount of work involved. Disengage the desig~ activities involved with the road and the access from the western part of the Airport to the industrial site; and renegotiate a contract to extend the road on the east side of the site. Renegotiate DRI services with the consultant. Determine final environmental impacts and feasibility of constructing original west road alignment. Proceed with accele:~ated design/construct/on of 1,600 feet of roadway improvement~!~ and T-hanger, east alignment for approximately 35 act'es development potential (in-house). Proceed with tmplem,mtation of west road alignment as last course of action as mandated by final environmental direc- tives. Mr. Archibald advised th~Lt 1,600 feet would be constructed in lieu of 13,000 feet, and the cost of the design will decrease from $2§5,000 ~:j.' to $23,000 with most of same being in-house cost He announced that the cost of construction will decrease from $1.6 million to $287,000. He noted that staff will re-process grant applications to ensure that those grants stay active or re-apply for renewal so that monies will be avallable for the construction phase. . '. In response to Commission,st Hasse Mr. Archibald stated that the Page 23 October 1, 1991 ~%i~ustrtal area which Is to the north of the habitat area is the 400 acre industrial park which is part of the Master Plan, but this area i not interfere with the scrub Jays. He related that the problem is getting through the preserve area to treats the roadway. Commissioner Volpe cited that he has problems with proceeding for- ':!:iward with this project. He recalled that originally this was an .~? enterprise zone with certain tax Incentives and this was to be deve- loped to attract a major Industry to the Immokalee area. He noted that it does not appear that this will occur due to environmental con- cerns and other issues. He remarked that staff is presently being .'stretched very thin and ther,~ are other priorities, noting that the !!iexpenditure of $410,000 of in-house staff time for this project does not appear to be money well ~pent. He suggested that consideration be given to terminating the con~ract with the consultants and possibly tenegotists same at a later i:ime. He noted that all this seems to be ii~driven by taking advantage of $100,000 in grant monies to build T-Hangers at the Airport. Mr. Archibald called atttmtion to Page 4 of the Executive Summary. He pointed out that the road design and the extension of the utility '~ line is relatively simple. Ee indicated that these could be done tn- f-,:~. house fairly quickly. He advised that there is an old road alignment !.~: on the eastern side of the airport and the lots, drainage and some of ' the Improvements are already there, and therefore, this is not a situation of recreating the wheel. He announced that this is a very · ~?. small project from a design standpoint, and the real dollars will ~i~;!';result in less than $20,000. He explained that the T-Hangers have i'!' already been designed and bid and is not driving the proposed plan as ?iii! laid out. He reported that the most important element to be con- i~.i! sidered is that there is a drastic change In the scope of services ~nder the contract that currently exists, and the consultant has tndi- ?cared that the contract be postponed, terminated or renegotiated. He [osed that there may be something to salvage if this is to be pursued from the standpoint of a DRI. ooo ,, 35 Page 24 October l, 1991 Shanaham qu,~stioned whether the Economic Development C6uncil is still in support of thAs acttvAt¥, to which Mr. Archibald replied ¢omm/N~one~ Shanaban no~ed~ ~econded b~ Coma~one~ ~a~e and ~A~ ~A~I~, to appr~e ~hm six redArecked mc~AvA~Aem ~ ~':/..~TXOM ~ ACCE~ CO~D CO~UCTZOW O~ Tr~spor~a~on Services Adminls~ra~or Archibald explained ~h~s ~em ~s a close out repor~ on ~he A~rpor~ Road con~rac~ from Golden Ga~e Par~ay to Radio Road. He disclosed tha~ the repor~ ~/.-ou~nes ~he o~glnal con~ract ~n ~he amo~n~ off $2.2 m~]l~on and ~he /~[/.flnal con~rac~ amovnt ~s $~.6. He recalled ~ha~ ~here were a series ~'of~changes and more ~han $800,000 was u~lllty work which was done for C~ty of Naples. Mr. Archibald recessed tha~ ~he con~rac~ be clo~ed out and no~ed thaC there are f~na] supplem~ntal agreements which reduce the con,race ~ount. He no~ed ~ha~ Suppl~,men~al Agreemen~ ~4 reduces the con~rac~ amount ~n excess o~ $~18,000 for asphalt adJustmenk; Supplemental Agreeaen~ ~3 Is a reduction c,~ $9,000 for u~ll~ confllc~s ~ha~ were ) affected during ~he construction phase; and Supplemeatal Agreemen~ ~[[[>[.ls ~ ~ncrease oF $~2,~00 for restoration ac~lvlties relating to the u~y work. He a~vised ~ha,~ the final con~rac~ amoun~ ~s approxlma- l.SX over the original c'ontrac~, as awarded. ~;;; ~ C~oe~er Volpe noved, o~conded ~ Co~loelon~r Sha~ c~ ~l~ly, ~o apprc,ve Supplenental Agreeaents 3, 4 ~d 5 ~d ~,;. acc~t the c~leCe~ cono~ruc:~lon of A~or~-~ll~ng Road B~d No. 89-1492 ~ to au~r~ze the ~e~a~nage ~d f~nal pa~ent ~o S'rATXOW - zAvt*m To as ssw'r :xx xssxwa XWmtSST Z. D SCOSSn, e LSAS C SP&CI OR POSS~BLK CASH CONTRIBUTION AT LATER TIME ~' October 1, 199! ~,-'i '~ ' !' /'E~ergency Services Admlntstrator Reardon recalled that funds had !%been ~equested for participation with the Marco Island Fire and Rescue District for construct/on of an Emergency Services Facility housing as well as EMS services. He pointed out that this t~ype of act/- has taken place in Gold.!~n Gate and one facility is currently ~'under construction in East Nap/es. He indicated that additional fact- ~lities in Immokalee and North Naples are budgeted for next year. Hr. Reardon advised that through the budgetary proces~ funds were not approved for this complex. He explained that conversations with ,'[.the Fire Co.mission and Chte~ McDonald indicate that there is the opportunity for the County to consider by letter of Intent to par- ttctpate with them by cash contribution, future rent, or a combination · :'of both. · . Mr. Reardon related that currently, the EMS Medic 4 Unit Is to the ~arco Island Urgent Care Center and the vehicle Is kept outside the facility and is not under cover. He remarked that the crew on duty lives in an area comprised of 200 square feet, 24 hours per day. He noted tha'~ the facility that the Marco District is constructing would provide approximately 700 square feet of space for ~:N:.houstng crews as well as allowing an EMS Unit to be parked inside the facility. i~' Mr. Reardon noted that participation in this facility would pro- ?~'vide a long term need that would need to be addressed sooner or later, that could be satisfied at this time at a very reasonable expense '.,:to be negotiated and brought back to the Commission. He requested that the Commission forward a letter of Intent to the Marco Island Fire and Rescue District adv:[slng of the Count¥'s desire to par- -:(!,7[ Commissioner Shanahan renarked that this would only be a concep- tuaI approval at this time b~t no financial commitment would be made. Mr. Reardon affirmed thai: Commissioner Shanahah te correct, however, he Indicated that the Count¥'s cost for its portion of the facility would be $100,000. He explained that this excludes land · ' :37 .,:: Page 2 6 October 3, 3991 :;.'costs and professional service fees. He reported that this kind of dcash contribution could modify a reasonable rental payment for the balance of the other costs. Commissioner Saunders cited that today ts the first day of the new fiscal year and this facility is not in the budget. ~{e revealed :~ that he does not feel that the Commission should be In the position of .;/ dipping into reserves for this facility on the first day of the new "fiscal year. F~!*;i Mr. Reardon replied that the Intent does not bind the Commission to a cash contribution, noting that the facility could be Commissioner Saunders su!~gested that rather than forwarding a '."letter of intent, perhaps a letter should be forwarded indicatinG the Gounty's desire to discuss l~asing the space with a possible capital ?.i-contribution at some time in the future. Commissioner Shanahah Indicated that the facility may not be constructed during this fiscal year since there are.some late minute .'!!'debates relative to the prop~rty lines, etc. He noted that he does not believe that the factlit%, would be constructed until mid 1992, and it is unlikely that completion would take place during FY 9~/92. He ~.~' concurred that a letter should be forwarded to the District com- ~':~:;,. municatinG that the County does desire to discuss the possibilities as suggested by Gommissioner Sat~nders. ¢~A~A~ner Saunders ~d, seconde~ by Co~isstonsr Hesse and carri~ ~u~nA~u~l¥, to forward a letter to the Marco Is/and Fire and utilizing the ~mcs. Page 27 October 1, ~99! . R~*~I~iI~TZON TO ~ CO~L'RACT FOR BZD ~0. 9~-~755, NZ(Ig~NS PA~S !~INTI~I~3~ ~l~g, T0 ~ORZDR D~ & ~C~, INC. - CO~D TO Assistant to the County Manager Ol/tff recalled that staff pre- viously presented this pro~{~ct and requested that the Commission find the previous contractor, En~r~ Resources, Inc., in default of their contract. He potn'ted out that the ~ob was not completed within the ,[~!:wind~ of construc~ion. He noted that the Commission,did find that lctor iri default and the County Attorney's office is currently g with the surety. Mr. Olliff sta~ed that the Co~ission requested that staff pursue ca recove~ plan fo~ this pro~ect by gotn~ out to bid and comin~ back · to'the Board. Mr. Ol]iff advised that the funding for this project is to be 1/2 the Wiggins Pass Conservancy and the remaining monies are to be ~:t~en from ~nd 196 which is part of the 1 Mill Fund to be reimbursed, ?.~:should the Co~tssion vote favorably for the tourist development pro- posal. Mr. Olliff reported that the low bidder is Florida Dredge and Dock 'with a total base bid of $~87,O00. He affirmed tha~ the original for this project wa~ $204,000. He remarked that staff is ~din~ that Florida Dr,~dge and Dock be awarded the bid. He reported that the ~ermit window is through May, ~992. Co~isstoner Volpe disclosed that with the Conk~tn Point boat ramp betn~ located ~n the tmmedlal:e area of W~ggins Pass, it seems that the pro~ect should move fo~ard. ?... Mr. lnGe Johnstone, Director, Wiggins Pass Conservancy, advised ~that staff ~d the Conservancy have worked very hard and in close cooperation to bring the Wiggins Pass Maintenance Dredgtn~t to f~tton. He remarked that the Commission has voted favorably four times on various aspects of the dredging in the past ~3 months. He noted that over a dozen busin~sses depend on Wiggins Pass for income ]and there are thousands of dollars generated from local and tourists Page 28 October 1, 1991 He reported that the Pass has to be kept navigable, and noted It.the Conservancy has invested in excess of $35,000 over the past years for engineering studies, permits, etc. He affirmed that the Conservancy has $105,800 in escrow to pay the balance of its share ,of the dredging costs. Mrs. Emily Maggto objected to the award of the bid. She recalled ;'tha~ when the Commission decided not to lev~ the MSTU tax, there was 'to be a 50-50 arrangement, but noted this has not happened. She advised that the Wiggins Pas:~ Conservancy placed their money in an escrow account, conditioned on the completion of the project. She pointed out that the project failed and the Conservancy's money is ~' safe and sound in the bank. She remarked that she understands that the County has already spent $182,000 on this failed project and an additional $76,000 has been encumbered. She stated that it is unbe- lievable that the Commission proposes to do the same thing again under the same funding plan. She indicated that there has always been a fluctuation of 18" between the low water mark and the high water mark. She remarked that she has never seen any figures to substantiate that Wiggins Pass is dangerous, and questioned why warning signs have not been posted if in fact the P~]ss is dangerous. She reported that in 1989, she was advised by the Tax Collector that 11,000 boating registration renewals had beech processed and on the very same day she : called the Tallahassee office.~ of the Florida Marine Patrol and was Informed that County-wide, there was a total of 22 boating accidents in in/and waters. She reported that she received a print out for the three prior years and the statistics remained the same. She suggested that no dredging of Wiggins Pass be considered until the $258,000 that the County has already spent is returned from the Wiggins Pass Conservancy since this is th,~ir project; no dredging should be con- sidered until the Tourist Ds~elopment Tax money becomes available and an appropriate amount of mon,~y is directed to this project; and the current design of the dredging mhould be thrown out since it is struc- Page 29 October l, 199! ,tured to make Wiggins Pass :Lnto something it never was and was never intended to be. ': i Co~tulo~er Volpe ~oved, to award the contract for Bid #91-1765, In answer to Commissioner Shanahah, Assistant County Attorney M~a~ich reported that ther~ have been several phone discussions and ~Atten correspondence with the surety company $~nce con~rac~ default ~!:;:..was declared in May, 1991. He advised that last week he spoke with Larry Cook, representing Am~est Surety, and their position is that they have determined that there is a dispute in this case and they :il. wAll not do anything and will allow the County to sue the contractor or attempt to enter a settlement with him. He noted that in either case, the Surety would cover any excess that the contractor could not pay within the limits of the Performance Bond. He stated that he has been instructed by County Attorney Cuyler to contact the Surety in writing, advising that this response is unacceptable and not in compliance with the terms of the Performance Bond. In response to Commisaiomer Volpe, Attorney Manalich revealed that the Surety's investigation tz~dicates that Coastal Engineering's view of the situation that Energ~ Resources was at fault in completing the project is not correct, and partial blame lays elsewhere. Commissioner Shanahah vo:Lced concern about the design of the pro- i'Ject and the potential problems with the Surety Company, in addition to the financing set up. Commissioner Saunders remarked that there are many unknown fac- tors, i.e., whether there will be any tourist development taxes for the Pass dredging and maintenance, or whether the County will be able .7..~to collect anything from the Surety. He indicated that he would like to receive additional information from the dredging experts as to Whether the County is merely throwing money away or if the project needs to be redesi~Tned. '/ "~i:. Co~issioner Volpe remark,~d that the engineer previously etated that thtm is the appropriate design. He cited that his motion is October 1, 1991 the commitment theft the Commission has made four times in :.the past, but noted if there is an issue with regard to the engi- neering, he is prepared to w~.thdraw the motion. Mr. 011iff pointed out t~at the conflict between the County and the contractor related to weather conditions as to whether he would be ~able to perform the contract, rather than conflicts about the design. -~He remarked that $131,000 ha~ been paid to date for actual construc- tion and it probably will be very difficult and will take some time to resolve this situation in litigation. He announced that the per- ing window is limited and if construction does not begin between November and March the project will be shut down again for the fourth ,ear. He mentioned that the bid as received is $15,000 less than was estimated to do the Job. :,. Ca:l~ed~one~ Voll)e withdrew hia ~otion. (k~/~l~ Volpe ~ov~d, eeconded b~ Comlasioner Hawse and cmrri~dunmnlmou~l¥, to continue this item for one week at which time Coastal ~n~i~ring is to make presentations with re.pact to the ~OL~FTION~ 91-687/690, AUTHO:RIZING THE ACQUISITION OF PERPETUAL ROAD RI~HT-OF-4WAY, UTILITY, DRAINA!0E AND MAINTENANCE EAS~MENT~ WITHIN THE NAPLF~ P~OD~CTION PARK MUNICIPAL SERVICE TAXING AND BENEFIT UNIT - Assistant County At-zorney Cronin presented four Resolutions, authorizing the acquisition of perpetual road right-of-way, utility, drainage and maintenance easements within the Naples Production Park. He called attention to Page 2 of the Resolutions, the third "Whereas" which contains specific findtings of fact and noted that the review has considered alternate location~, environmental factors, long range i'planning, cost variables and safety and welfare considerations. ' (< Technical Services Managel? Huber stated that the purpose of the resolutions is to take the re::~atning easements that have not been i';[acquired to an order of takin!] for condemnation. He explained that ii~the estimated cost involved with acquiring the said easements is Page 31 October 1, 1991 :~/.approxt~al:el¥ $87,000. Shanaban ~o~d, ~econded by Cou:i~oner 1Iasee and that Rel~olut;[ons 91-687/690 be adopted. Page 32 October !, 1991 ' R~CO$~ND~TIO~ TO ACCEPT PETI?IONS FROM PROPERTY ~ IS)~IATIO)S ~ ~ ~ S~D~ISION TO C~TE RO~AY ~ D~INAGE ~ - Assistant to the County Manager Olllff advised that this item is a request from the Homeowners Associations within the Forest Lakes Subdivision to create a Roadway and Drainage MSTU for that area. He !' indicated that all the improvements within that subdivision have been built as private and have remained private in that development. He 'related that due to some drainage problems, the roadway is in a bad state of disrepair and the property owners have requested the creation of the MSTU. ~' Mr. Olltff pointed out one revision in the recommendation as reflected in the Executive Summary relating to the authorization for the advancement of funds. He revealed that he has been advised by the Finance Director and the County Attorney's Office that this is .,something that the County may not do since the exposure would be unprotected. He stated that he is recommending that staff be authorized to create the ordinance for the MSTU, advertt()e same, and upon adoption, utilize the line of credit or some other funding mech- an~sm to fund those improvements that are estimated to be $60,000. ~'~ The following persons spoke in favor of establishing an MSTU for the roadway and drainage improvements: Mr. Edward Hay w/photos .(~:,':~ Mr.; Rogger Somerville Mr. Victor Chainas i!;.i!:!:): Mr. Alan Mengel ~' Those persons speaking in favor of the MSTU cited the following: :L>(current problems with floodin(.; at depths of 1'-1.5'; deep pot holes are a hazard to emergency vehicles and school buses; the MSTU would provide a pump to keep %he water in ~he lake do~; and the concern of getting this problem solved hopefully will override the concern regarding the issues of fairness relative to the length of time a resident has had the benefit of the use of the road. Mr. William Oluck, resident of Woodshire Lakes, stated that if the Page 33 iS approved, he belteve~l that he would be taken advantage of he has only lived in his unit for the past 18 months and the :problems with Forest Lakes Boulevard has existed for 18 years. Mr. Jerry Sell, representing the Board of Directors of Emerald Greens, cited that this problem on the road has existed for 1§-18 years. He noted that this r¢,ad was never maintained, and therefore, his subdivision should not be taxed the full amount for these improve- ments. He advlsed that the residents of Emerald Greens use the Woodshire entrance which floods as badly as the other corner and it will not be long before this road deteriorates. *eeDeP~tFClerk Ferris replaced Deput~ Clerk Hoffman at this ';~11' Mr. John Lee of Community Development Corp. agreed with what is needed in the subject area b~lt expressed concern over the fact his i!!:~!i'l'firm has already spent in the, neighborhood of $700-$800 per unit for each of their complexes, which in turn was passed on to their custo- mers, and now find themselve~ asked to again pass on additional expen- ses. He reported his firm will gladly turn over the roadways as ~"ii'Woodshire Lane now forms a complete loop of the Forest Lakes ion .and will take some of the traffic load off the entrance through Forest Lakes Boulevard. He suggested that removal of the bumps will alleviate some of the drainage problem occurring on Woodshire Lane. Mr. Robert Shoeller stat,!:d that when he purchased a unit in Emerald Greens the sales pri,.~e reflected the cost of impacts and other f~s paid to the County. He commented that it is unequitable to be !]'i"taxed as part of a special a~.~sessment district at the same rate as those who have enjoyed the al.ea practically cost-free for the past y years. He maintained that less than l~ of the existing traffic comes from Woodshire Lane. ~i',~i.i'. Mr, Rogger Somerville referred to his letter written to Commissioner Volpe wherein he complained about the water management (copy not provided for the record). Additionally, he referred .~ the report of July 8, 199! written by Greg Robertson (copy not pro- Page 34 October l, 1991 for the record) wherein Mr. Robertson alleged that the majority complaints, both past and present, are associated with the fact the entrance road is in deplorable condition with the subgrade, base and surface course eroded and broken up with serious cracks and pot- holes. He relayed various options proposed in Mr. Robertson's report ...proffered for alleviation of the problems. '" Commissioner Volpe reflec:ted that the debate is not over the fact that something needs to be de.he, but rather a question of, in fairness and equity, how best to raise the funds to proceed. Commissioner Volpe questioned whether the Board of County Commissioners has the legal authority to create an MSTU without a petition, to which Assistant County Attorney We/gel answered in the affirmative and cited Section 125.01 as the authority for doing so. Commissioner Saunders requested that the representatives of the rs associations provide the Board of County Commissioners with evidence that a majority of the people in their areas want the MSTU shed. '~ . Regarding the comment of one of today's speakers that there was an ~intent for the County to take over some of the improvements considered under the proposed MSTU, Assistant County Attorney Weigel stated that !~:the Value proposed today is purely mere information of a $60,000 )ital improvement cost and is not to bring the roads to Collier ~;.County standards but rather to alleviate the problems that exist within the context of the roads as they are built presently. ~emdmt~ner Saunders mov,ed, seconded by Commissioner Volpe and 'CarTled umanim~u~l¥, to direct staff to prepare an Ordinance for heml, in~ to e~tablish time roadway and drainage M~TU and meet with ~ of the homeowner association representatives for the pur- pose of ~'~i~rin~ tnnovatt~ ways to distribute the cost of Xte~910A BAREFOOT B~ACH PARK (COLLIER) AND BONITA BEACH PARK (LEE) - APPRO¥~D .WITH COUNTY ATTORNEY DIRECTNn TO REPORT RE LELY DEVELOPMENT CORP. /.. Assistant County Attorney Manalich directed attention to Section 5 found on page 3 of the Interlocal Agreement commenting it was a speci- I O~P",f~ Page 35 October 1, 1991 !'direction of the Board o~ County Commissioners that it did not W~sh to lose its access rights to the existing Collier County parking ~' lot from the Collier County ~3ide of the park He reminded everyone of the access easement gained f=om the Lely Development Corporation. He ~!.reflected that the concern was over whether State authorities would permit the curve in the road given by the Department of Transportation. He verified that in formulating Section § he tried to ,preserve maximum flexibility for the County. He explained that the .i:~.,plan, as proposed under Sect.ion 5, is to connect the two parking lots to one contiguous lot and That, as a condition precedent to any such :-.:'.connection, Lee County shall obtain written authorization from Collier ~ty the connection. He rt~commended addition of one sentence pro- vtdtng that, "Collier County shall have sole, complete and unrestrict- "ed discretion to deny said w~:'itten authorization for connection of the ~/parking lots if Collier Coun%y determines that the connection shall, ~ tn any way, affect Collier Count¥~s access rights to its parking In answer to Commissione~ Hasse, Assistant County Attorney Manallch confirmed that Collier County~s access will remain as it is currently, i.e. off the existing access easement. County Manager Dorrlll r~layed the plan for a stoplight to be installed at the intersectio~ of Bonita Beach Road and Lely Barefoot "~. Beach Boulevard. He stated it is important to have a controlled location signalized a;~d protected to get out onto Bonita Beach <~<?Road. He verified that the concerns of residents of the area is that i{[/it will become a very busy i~tersection, especially if people from the Lee County parking lot are coming through to the Collier side to also gain access out onto Bonita Beach Road. He reported that a separate access point closer to the corner to the west was evaluated by an :,!engineer, whose preliminary report concluded that it might be too close to the signalized intersection and that the minimum distance '~between the separate access a,nd the apex of the curve could pose a safety hazard. He pointed out that parking spaces must be eliminated Page 9 6 October 10 1991 order to accomplish the ].~roposal, but that Lely Development Corp. iijhas indicated they will con~rey additional land to Collier County to make up for the lo~t parkin![ spaces. Referring to Section Sl:: of the Interlocal Agreement, Assistant y Attorney Manaltch stated that the original concept was to pro- · ,'vide for the bathrooms local:ed on the Lee County side to cross the conf~rmed that it ~s the ~udgment of the Legal Department that such a ]connection across county lines should not occur. He explained that more v~able alternative is for the bath=ooms to connec~ w~th a ~'force ma~n located on the Lee County s~de which serves the Bonita Beach Racket Club. He stated that the first sentence of the cal Agreement provides for the restroom facilities to be made available to users of the Collier County park under the same con- s as they are availabl~ to the users of the Lee Cour~ty Park. In response to Commissioner Volpe, Assistant County Attorney ?.:. Manalich stated the Statutes provide that, when there is a c=oss- county connection, there could conceivably be Pub~lc Service Com- mission re.larSon of the entire utility system unless said connec- tion ~s pursuit to an agree~ent pr~or to a date subsequent to the "'~ County~s agreement with the ~ontta Beach Racket Club. In response to Commissioner Vo/pe, Assistant Utllit~es %~etrator Bloetocher reiterated that it is the feeling of the Department that cross-county connections should be avoided at ~ th~s t~me, that potential .l~tigatton could Involve the ~bllc ~/~. Service Co~ss~on and could cause them to look d~fferently upon that ~l~ng. Assistant County Attorney Manal~ch verified ~t w~ll be necessary the Wastewater Agreement of ~988 to be amended and that, If the Bonita Beach Racket Club, Collier County and Lee County are In . ~. agreemen~ w~h such an amendm~nt, the In~er~ocal Ag=eement w~ll then ~allow the necessary steps to transpire. In response to Co~issioner Hasse, Mr. Bloetscher stated ~hat ~t Page October 1, 1991 ~ts".the intent to reduce the rate currently being charged the Bonita ~Beach Racquet Club so that they will be charged the same as everyone else. He confirmed that it Is the intent to charge Lee County as well. Assistant County Attorney Manaltch confirmed that the other topic ?'of'discussion with the Bonita Beach Racquet Club under the 1988 ~Agreement amendment is to limit it to two and one-half years and, should this limitation be unacceptable, Collier County will be in having them agree to removing themselves from the County hookup and attach to whatever Lee County facilities are !available. In response to Commissioner Hasse, Assistant Utilities i~!Admtnistrator Bloetncher reported that the Bonita Springs Water Company is in the process of installing a wastewater system similar to r County'e east and south system. He reflected that included in that proposal are force mains along Bonita Beach Road which would indeed pick up the Bonita Beach Racquet Club and everything else going 'around the corner. ~ In response to Commissioner Hasse's concern regarding the restroom facilities, Assistant County Attorney Manalich stated a sentence can be added clarifying that in all circumstances Collier County shall :.have acce~s to those restroom~. ..' Emily Maggio, representin!~ 7'he Little Hickory/Bonita Shores ~Homeowner~ Association, state,:! there are bathroom facilities already ~';on Bonita Beach utilized by e'.,eryone, including those in the Collier County Park. She reminded the Board of County Commissioners that she was present in 1988 representing the Association and objected to the connection of the Bonita Beach Racquet Club to the Collier County ,sewer. She questioned why Collier County would consider giving the !Bonita Beach Racquet Club a 25% reduction. She suggested that, if the ?'Bonita Beach Racquet Club is ~!~ntitled to a 25~ reduc~ion, The Little it; Hickory/Bonita Shores Homeown,~,rs Association might end up In a situation where the Utilities Department actually owes them money. Page 38 October 1, 1991 County Manager Dorrill r,.~ported there has been a subsequent law passed in the state that says if a county and Its utility system 9,o beyond their county line and into another county, it Is arguable that they might then be required =o fall under the regulation and Jurisdic- tion of the Florida Public Service Commission. He concluded there is .!~::a legal exposure that, in a ~.~orst case scenario, could result in Collier County being regulated by the Public Service Commission and .the $15,000 being paid by th,~ Bonita Beach Racquet Club is not worth '~the risk. He explained that Collier County has indicated it is ~.:'.wtlltng to absolve the Bonita Beach Racquet Club of the surcharge they :.pay monthly for a period of two and one-half years and then they will [3~be required to revert back to their normal contracted rate structure wastewater. = In answer to Commtsstone]. Saunders, County Manager Dorrtll verified that, under the exic~ttng agreement, Collier County is gtco'- . ~! required to provide the Bonita Beach Racquet Club with service fop a !i~'period of at least ten years or until such time that the Bonita Springs Water and Sewer Authority will have service available. .' Assistant County Attorne%~ Manalich interjected that is the subject of some degree of dispute between Collier County and the Bonita Beach i Racquet Club at this point. He concluded the issue has not been ]?iresolved due to a difference of opinion in interpreting the agreement. Commissioner Saunders expressed his belief that the County can ~.!keep the fees as they are currently and still get the connection, but added he does not know what the agreement says. In reply to Commissioner Volpe questioning whether septic systems have been considered as an alternative, Assistant County Attorney and Assistant Utilities Administrator Bloetscher confirmed that Lee County is not amenable to that suggestion. < County Manager Domrill stated that the only compromise discussed the County Attorney was to place additional language in the interlocal Agreement indicating that Collier County will attempt to Page 39 '.:, /'. October 1, 1991 et a Declaratory Judgment c,r relief from the Public Service Contsston to make an except/on so that Collier County does not .~eopardtze its utility system and then proceed accordingly to have the point of service be through Collier County~s side of the park. Assistant County Attorney Hanaltch stated the proposed plan 'is the i only practical solution under the circumstances. Emily Naggto stated she has knowledge that within eighteen months the Bonita Beach Racquet Club will be hooked up to the Lee County Regarding the connection of the beach park, Ms. Maggto related some of the background associated with same, concluding that the 600~ of beach and construction of the parking lot was not given to Collier Co%Lnt¥ b~ Lely Development Corp. but was a trade. She e~cpressed her belief that when Lely Develoj~ment Corp. gave the land to Collier County it represented an implied right of access to it. She read an ~t from staff~s report ~'egarding th'e Lely Barefoot Beach PUD, which was approved on Septem~:~er 27 ~77, and then proffered her conclusion that Lely Development Corp. never negotiated w~th the ~: County in good faith. She expressed her belief that Lely Development Corp. owes Collier County an access onto Lely Boulevard. · Marjorie F. Ward, Presld~nt of Citizens Association of Bonita 'Beach (GABB}, stated that while investigating what the boundaries of ,~:' the park are in lg86, she us~d her fingernail to remove the staple · : from the ledger card in the }{eal Property Office and found the origi- '[nal Deed to the beach dated in lg77, which had never been recorded. ~?She concluded this substantiates that there was never any intent that Lely was supposed to stay a I~ublic beach for the people. She pointed out that on September 24th, the Governor and Cabinet approved the :~. Bonita Beach/Lee County Permit allowing them to proceed with building, contingent upon the fact that a verbal agreement had been reached between Collier County and Lee County whereby Lee County was i:~idepending upon hooking up to the Collier County sewer system. She · suggested that Lee County might be more willing to sign the Interlocal Page 40 October l, 1991 ,Agreement if Collier County approved the access of the two parks being open to each other and closed only if Lely closes Lely Boulevard entrance at a later time. She suggested that, should Lely close the Boulevard entrance at any point in time, Collier County take it by eminent domain since the public has been using the entrance all David Ward, Vice-President of Citizens Association of Bonita Beach (CABB), stated he has a problem with Collier County attempting to :saddle Lee County with an extra tax that is currently being paid by ".he condominium a~sociatton as the result of an agreement entered Into in order to alleviate themselves of the problem they faced. He pre- dicted that the Bonita Springs water and sewer district will take the .. Bonita Beach Racquet Club away from Collier County. He stated that the Lely Development Corp. owes a stoplight and a left turn lane. Co~sstoner Volpe ~oved. seconded b~ Conimatoner Shan~han, to ~ ~ Interlocal A~nt. Co~ssioner Saunders qu~stioned whether Commissioner Volpe would consider ~ending hfs motion by directing staff to invest/gate what, 'if ~ything, ~s owed to Collier County by Lely Development Corp. ~l~t~r Vol~ ~nde~d his ~tton, with Co~iemioner S~~ ~(':( ~t~ his ~d, ;~..r~~ ~ tmstt~atton by staff relative to the Lely ~1o~nt In response to Mr. ManalJch, CommissiOner Volpe clarified that his /motion includes the additional language recommended for inclusion in Section Five of the Interlocal Agreement. llpon call for the questtan, motion carried unanimously. Page 41 October 1, 1991 Recess: 3:35 P.M. - Reconvened: 3:50 P.M. ''* BODGHT,I'3~I]~'~M~/T~ 91-378; 91-380/91-389; 91-393/91-395; 91-398 AND :;91-~0~./91-402 - ADOPTH~ Co~tt~tonez' ~se moved., eeconde~ b~ Co--i~elonsr $:h~ahan to ~]Opt Bridget ~:~m~tS 91-378; 91-380/91-389; 91-393/91-395; 91-398 91-400/91-402. Commissioner Volpe note~, adjustments have made because of reduced amounts received in library impact fees. He questioned how the i:/; County will finance construction of the Main Branch of the Library? ~::.. Finance Director Yonkosky explained the intention is if there are not enough Impact fees, to role the note over for one additional year or ask the Board for more of the one mill County-wide monies until there are sufficient impact fees accrued to make tile payment. He said final information is not yet available. ~ c~l! for the quest/on, the mot/on carried unantmoully. :"BUD~HT l~ R~SOL~ION 91-33 - Cc~e/ls/oner Hu~e moved, seconded by Commissioner S~mhan and cal'Tte4 unanimously, to adopt Budget Amendment Resolution 91-33. Page 42 October !, 1991 HI~"XAL DI~FJtICT NONCOMPLIANCE ~ ~ORIDA STA~8, ~R 189 - ~ ~/S~ DIS~I~ ~ LI~E RICKO~ SHO~S FI~ COBOL Finance Director Yonkoeky asked for Board direction regarding Special Districts in noncompliance with State Statutes. He explained Chapter 189 requires all independent Districts in the State to report "to their unit of local government and provide certain financial infor- mation. He said the Collier County Hellth Facilities Authority, Collier County Housing Finance Authority and the Collier County Industrial Development Authority were created by the Board of County · Commissioners some time ago and are in conflict with Chapter 189 which was passed in 1989. He indicated the Department of Community Affairs (DCA) is aware this is a problem in many counties around the State, ;~'~.<because those t~es of Special Districts are not structured in a way to have money to pay for audits and other types of information required. He advised the Immokalee Water/Sewer District has all the required information and will be reporting in the very near future. '.He said the Little Hickory Shores Fire Control District is no longer ,in existence, having merged with North Naples. He said one of the former Commissioners of that District has reported the information is boxed up and has been crated for some time, however, can be made -i'~-available if the Board wishes. He recommended the Board provide a ~i.,'~O?day extension for the Immokalee Water/Sewer District and Little Hickory Shores Fire Control District, and Staff will report back on their compliance via the Consent Agenda. He recommended the Board ,.,wait for one year before taking any action on the three remaining Districts in noncompliance. '. .Commissioner Shanahan asked if Little Hickory Shores Fire Control should be treated differently, since they have been con- soildated into the North Naples Fire District? Finance Director :," Yonkosky recommended the Board instruct him to get the information ;required by State Statute. Page 43 October 2, 1991 -;, Co~on~ Sha~ahan mo~,~d, macended 1~ Centsstoner Hasee, to .~!'provtde the I~okalee ~ater/l~e~er Dtstrtct and Little Hickory Shores Fir~ Cont~o1 District with & 30-d~¥ extension. Commissioner Volpe sugge~ted County Attorney Cu¥1er communicate ~. 'with DCA as to the inability of the three remaining districts to comply with the requirements of Chapter 189. ; Co~t~lm~r Sh~n~mn ~mded the ~ot~on, seconded by Co~mieeioner ~,-to ~l~ae direction t:o the County Attorney to co~ntcate with ._=;~ ~ ~! for the qu~etitm, the ~otton carried unant~c~ly. Itn,111 TWO BUDGET AMENDMENTS RECOGNIZING TOURIST DEVELOPMENT TAX REVENUES FOR FY 91 AND THE OFFSETTING APPI~OPRIATIONS - APPROVED Finance Director Yonkosky requested the Board adopt for Fiscal iYear 1991, a budget for the l:ourtst Development Taxes. He said this budget deals with the 3~ co~tsston that the Tax Collector keeps to offset his expenses in collee:ting the funds. He explained that according to Chapter 129 of ~:he State Statutes, disbursements cannot be made without a budget. Commissioner Volpe commented the budget amendment proposes the ..payment of 3~ or $87,000 to zhe Tax Collector to collect the tax, [!:~which is more than the $80,000 in Interest earned. He said that will ~:necessitate some of the Tourist Development Taxes collected being i;.'spent while there i~ a lawsuit pending. He asked what will happen if .;~ the lawsuit is successful? Assistant County Attomelt, Wilson indicated the Tax Collector will /:have to be paid from other funds, because the Board has a contractual ~!~:relattonshtp with M=. Carltort to provide those collection services. Co~d.eloner S~anahan ~;,ed, seconded by Commissioner Saunders and c~rrled~t~on~ly, to apprl:~e two budget a~end~ente recognizing Tour£~ !)ev~lop~ent T~x revenues for FY 91 and the offsetting Page 44 October !, 1991 Sue Filson, Adntnlstrattve Assistant, reported there is one vacancy on the Toul-ist Development Council, resulting from the resignation of Mr. Stan Brune. She stated that staff has no recommen- dation regarding selection of the individual to fill said vacancy. · Co~/ui~r Slmnahan ~oved, seconded by Comiesioner Saunders and ~i:;!i!: c=tN ~i~ly, to select Mr. Jo~ J. ~gher~ of the Hilton :Hotel to fill t~ ~c~ on the T~ri~t ~elo~ent C~cil, there~ ~!opti~l~solutton 91-691. Commissioner Goodnight distributed a document to the Board of County Commissioners (copy not provided for the record). She ged having mailed letters to all chambers and various organt- ; zattons, and stated that her aforementioned handout is a list of those responding to express Interest in serving on the Tourist Development Counc! 1. ~;~ In response to Commissioner Goodnight's inquiry regarding the necessity for a Resolution relating to the ad hoc committee in ~:~;. question, Assistant County Attorney Wetgel responded he does not ' believe a Resolution is required. He added that the County Attorney's Office will be happy to prepare a Resolution pertaining to all the appointments for each of these items. Commissioner Hasse expressed a desire to continue this Item until i.i:'the Board of County Commissioners has had a chance to review the material proffered. Commissioner Goodnight suggested that the Board of County COmmissioners review the material and make recommendations and that is direction to go In. Page 45 October 1, 1991 Sue Ftlson, Administrative Assistant, reported receiving twelve 'resumes from clt/zens interested in serving on the Historical/ Archaeological Preservation Board. She confirmed that the seven applicants Identified by an astertck in etaff's memorandum dated ['i' September 17, 1991 and found on page 2 of the agenda packet, repre- sent the recommendation of ~3taff. Commissioner Shanaban e'uggested consideration of Barbara Henderson Cawley tn the Law or Urban ?lanntng category due to her work, time and effort on the Ordinance and knowledge of same. Commissioner Goodnight concurred with Commissioner Shanahan's suggest/on for consideration of Ms..Cawle¥. Comm/utoner Shanaban ~:~ed, seconded b~ Co~taetoner Volpe and ca~rled un~nimou~l¥, to app~ove the appointment of Barbara Henderson C~leY0 Stuart #. Miller, W:L11t~m Hunter Lewls, John G. Bartault, Arthur R. Lee, Alfred T. Fe~berg, and ~ay W. Hepp to the Historical/ Archm~ol~tcal Pl-e~ervatlon ~oard, thereby adoptln~ Re~olutton 91-692. Page 46 Sue Ftlson, Administrative Assistant, reported a total of twenty- five resumes were received in response to the press release issued, o:~e being from Mr. William F. MacMaster, whose resume was submitted a~ter the deadline. She related that the City Manager forwarded correspondence reflecting that five additional applicants were ineli- g.[ble due to not being a res.~dent within the City limits. In response to Commtssio,*ter Volpe, Russell Shreeve, Housing and '..'.U~:ban Improvement Director, proffered credentials of both Deborah B. R:[ggin and Joel E. Whittenha.ll. ~,.,. Ms. Ftlson stated that the applicants being recommended by staff ,..~: to fill the vacant positions include: Dorothy J. Fitch, Stephen R. i Wheeler, Fred N. ~omas, Jr., Deborah B. Riggin, and John A. Steinwand. i ,' In response to Commissioners Goodnight and Shanahah, Ms. Ftlson confirmed her Information is that the City of Naples will appoint one . m~:mber from the City at Larg~., one from the Real Estate category, one !i~! fx'om the Developer category and one from the Legal category to fill tke remaining vacancies, said recommendations scheduled To be made tomorrow. Commissioner Volpe sugge~ted the Board of County Commissioners · should serlousl¥ consider appointing someone from the Development com- ~; nuntry. · Commissioner Goodnight pointed out that all six categories need to be filled. The following lndtvidual~ expressed support for Kenneth R. Hunt to be appointed to fill one of the vacancies on the Affordable Housing Co~lsston: Fred Tarrant, Jr. (Taxpayers Action Group) Lois Loeber (speaking for Taxpayers Action Group, her husband, and Individually) George F. Keller (Prestde~nt, Collier County Civic Federation) Jane Varner (T~payers Action Group) Frances C. Barsh (Taxpays. rs Action Group) Kenneth R. Hunt Page 47 ? October ~, 199! aRead a letter alleged to be from Jan Kerwin, President of the i.l. Taxpayers Action Group, in ~upport of Mr. Hunt (copy not provided for the record) ''Also recommended appointment of M. L. Olman, Alan D. Reynolds, Ns,no J. Spagna, and Roger C. Guartno. He stated that almost 43~ of the .f~iltes in Collier County have an income of less than $20,000. The reasons stated for ~,upport of Mr. Hunt include the following: His hard work and acttw~ interest as a member of the Taxpayers Action Group (TAG) related to the April Circle matter; he has per- sistently and continuously taken an active interest in "affordable ~(ihousing"; he is eminently q~alified; he is willing to put forth the time and effort to do a thorough Job; and he has been researching the 'affordable housing situation in Collier County for the past four years. Ed Schaefer suggested p¢.stponement of appointment to the Affordable Housing Commissicn in order to allow the Board of Coun=y Commissioners to devote grea~er thought to others who have applied and to allow more applications to be submitted from "Just plain folk". He stated~that the current applications include one from "a simple housewife that wants to serve this county". In response to Commissioner Volpe, Ms. Fllson confirmed that Mary Chadderdon submitted a lette~ of interest without additional backup. She pointed out that Ms. Chadderdon is a member of the Golden Gate Community Center Advisory Committee. Commissioner Saunders suggested each Commissioner pick a person to serve on the Affordable Housing Commission. It was the consensus to follow Commissioner Saunders' suggestion, the results of which are as follows: Commissioner Shanahah chose Kenneth R. Hunt; Commissioner Hasse chose Mary Chadderdon; Commissioner Goodnight chose Fred N. Thomas, Jr.; Commissioner Volpe :<]chose Alan D. Reynolds; and Commissioner Saunders chose Bryan L. Weber. Commissioner Saunders moved, seconded by Co~issioner Shanah~m and cmrr~ed unanimously, to approve the appointment of Kenneth R. Hunt, MaL-F Ch~dderdon, Fred N. Th¢,~a, Jr., Alan D. Reynolds and Bryan L. Page Octob~ 1, 1991 Commissioner Goodnight directed staff to contact the City of Naples to inform them of the selections made by the Board of County Commissioners. Page 49 October 1, 1991 DZS~ZQN ]~ ACCt~ZSITZON OF MARCO ISLAND UTILITIES AND }'I'~RID& CITIlS ~!t ~~ - REQUIRED ZNFOR~TZOW TO BE SUPPLIED MZTRI)! ONE Coamtsstoner Shanahan acknowledged requesting a brief discussion on the potential acquisition, through negotiation or eminent domain, of Marco Island Utilities. He commented that each member of the Board of County Commissioners received a draft from County Attorney Cuyler as to his recommendations (c~py not provided for the record). He requested that the Board of County Commissioners consider: directing County Attorney Cuyler and County Manager Dotrill to put together, for consideration .~nd possible approval, an acquisition team and 2) for him (Co~aisstoner Shanahah) to generate workshops for public support on Marco Island. Commissioner Saunders interjected that, regarding acquisition through negotiation or eminent domain, litigation wtll be forthcoming. He suggested that, instead o~ an add on to the agenda, this Item be included In next week's published agenda. Coutsstoner Volpe suggested there might be an opportunity In a public forum to have represer~tatlves of Southern States Ul:lltttes make a presentation to the Board ~f County Commissioners. Commissioner Goodnight pointed out that discussion involves not only the Marco Island Utilities but the Florida Cities Golden Gate Utility as well. She suggested that the Board of County Commissioners should seriously consider ac~$tsttton of both facilities, after having first investigated the cost to the users. She stated thai: the citi- zens of the area should have an opportunity to provide input regarding an acquisition. In response to Oommtssto~er Volpe ~tattng he feels staff has co)~rtsed a report relating to the cost of acquisitions, program, ere:., Coeuatssloner Goodnight confirmed that she has previously seen so)~e of the information she deems necessary for making a decision regarding acquisition. Page 50 ~-i ' October l, 199! Commissioner Shanahah reiterated that the input ls available, but added there is a need to have it authenticated. He stated there is a need to public workshop the areas that are going to be involved, and to have County Attorney Cuyler and County Manager Dotrill. detail what is required to assemble an auquisition team and the potential cost of sa~e. In response to Commissioner Goodnight'e inquiry as to whether the ne=essary information can be compiled in time for next week's Board of C~nt¥ Commissioners meeting, Commissioner Shanahah answered in the af:~irmattve. Zt~14 B~t~DOFCO~FFY CC~B4~Z~SZO~~ ~ICATIONS Commissioner Goodnight confirmed that one of the items which has been brought to her attention relates to the tower Ordinance. She stalted that, prior to approval of the Ordinance, there was discussion re[jarding agricultural ~and o~ 20 acres or more being able to have a tot~er of 280~ with a permitted use. She comme~ted the question has be4~n raised of whether the intent was for a provisional use to be on agricultural land cons/sting of less than 20 acres, and acknowledged that was indeed her intent. She added that anything over 20 acre~ do~s not have to come before the Board of County Commissioners. It was the consensus of the Board of County Commissioners tha~ Commissioner Goodntght's comments are correct. Commissioner Goodnight reported that October 8, 199! will be the first new agenda reflecting implemented changes in same. County Manager Dotrill confirmed that, as a result of: last week's discussion, there will be no advertised public hearings on either October 2nd or October 9th. Commissioner Shanahah pointed out, however, there is a 7:00 P.M. meeting at Lely High School regarding redistricting. · e. O~a~mmtoner Sh~n~ban ~oved, seconded b~ Commissioner Hasse ~MI =azTi~l unanimously, that the foll~lng ite~ ~der the con- e~t ~ ~ a~r~ ~d/or adopted: *'* Page 51 October 1, 1991 RKSOLUTION 91.-669 GRAJlTXI4G FXNAL ACCKPTANCK OF THE ROADWAY, DRAXHAGK, WATIRAIDSIIfiER ~ ARD RELEASXNG THE MAZNTKNANCE SECURITY FOR 'BOCA P&LNS' {FORMB~.,Y IOt'O#N AS #INDSOR PA~K) See Page. A~ Ite~el~A~ MATBI AiD SEWER F&CILIT~[$ &CCEPTKD [OR $AM~TOWN AT PELICAN BAY Accept the irrevocable letter of credit and personal bond as security for maintenance of the Infrastructure until the Board of County Commissioners grants final acceptance of all Improvements. Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County. See Pages ,/&~-- /~ -Xt~91&M ~o~tt~m~d to 10/8/91 RIJ~OLUI'IO~ 91-671GI~tlTTING PRELZMINARY ACCEPTANCE OF THE ROAD~AY, DI~II[~ AI[D ~AI~E]t i~PItOVEMKNT~ FOR THE FINAL PLAT OF 'MARCO SHOR~S ~T $0 ~OF~F COURSE' - ~ITH STIPULATIONS Accept the Performance Bond (posted with the Clerk) as security for maintenance of the Infrastructure until the Board of County Commissioners grants final acceptance of all improvements. 2e Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance. Preliminary acceptance of Improvements will not become effec- tive until water facilities have been conveyed to Collier County Water-Sewer District. That an approval letter from the Florida Department of Transportation be received approving work in the 951 right- of-way prior to issuance of any final Certificates of Occupancy. See Page /7/ 91-672 PROVIDING FOR ASSHSSMB31T OF LIKN FOR THE COST OF AIB&~OIp PUBLIC NUZSANCE ON LOT 14, BLOCK 348 OF MARCO BKACH UNIT See Pages 156 Page 52 October ], ]991 RI~OLUTION 91-673 PROVIDING FOR ASSKSS14~T OF LIEN FOR THE COST OF ]~B&TIMI~T O~ PUBLIC NUISANCK ON LOT 12, BLOCK F, NAPLKS VILLAS, ]~)RMI~LY !rOCK Cl~KE HARBOR, BONITA LUMBKR & SUPPLY CO., INC., C/O JJJDREW A. COLIAS Pages/ 01-674 FROVIDII~3 FOR ASSESSM~IFf OF LIEN FOR TKK COST OF OF FUBLXC NUXSANCE 0N LOT 27, BLOCK 208, OF MARCO BKACK UNIT ~ V. C~CCHIN ESTATE, MARY 3. CARSELL0, PERSONAL See Pages RESOLUT~OBJ 91-675 PROVIDING FOR ASSKSSM~FF OF LIKN FOR =ql~ COST OF AiITIMEBT OF PUBLXC I~ISANCE ON LOT 7, BLOCK 5, MAIN LIllE SUBDIVISION, ~HI C(BOJONTTY~TIONr C/O KRNI~T FRKKMAN~ SR. See Pages__~__~_~ J~SOLUTION 92-676 PROVIDING FOR ASSKSSMKNT OF LIEN FOR TH~ COST OF ~~ OF ~IC ~IS~ ON A P~CKL OF ~ IN SE~ION 9, ~~P 47 SO~, ~GK 29 ~ {C~I~CE S~ICES CASK NO. 9:1-05~5689}~ J. B. ~ ~ G~D~, ~. See ages l It:em$16A6f NUISANCE 0X LOT 117, PALMETTO DUNES GARDENS, LELY ]:t:e~ #l~A6g See Page. 91--678 PROVXDXNG FOR ASSESSMEnT OF LIEN FOR THE COST OF OF ~ZC ~S~E 0N ~ 27, B~ 4, N~RS !~OR RISOLUTIOF 91-679 PROFIDXNG ]~0R ASSESSMENT OF LXEN FOR TIFK COST 0Y AB&TB~T Off POBLXC WUXSANCK ON DOT 20, BLOCK 4, NAPLKS KX~XONf JC~JB]PI! J, LAURENf ._TRUSTEE, UNDER JOSEPH J. LAUREN TRUST__ SeePages__ RKSOLUTIOF91-680 PROVIDING ]PORASSKSSMKNT OF LIEN FOR T~ COST OF AB&TBB~MT OF PUBLIC NUISANCE O~ LOT 118, RIVER REACH SUBDIVISION, LKVY EORT IJrT~J~PRZ$~Sf INC. f ALVIJl H. LEVYr REGISTERED AGKnT See Pages / Ill 000. ,?i57 Page 53 October 1, 1991 RE~,,IFFZ~I 91"611 FROVZD'rNG FOR ~SS~'~S~!~IT OF LTKR FOR T]~ COST OF AB&T~I~IT O~ ~C ~~Z ON L~ 8, BL~ 125, ~IT 4, GOLD~ See Pages I~OT,,~'ZO~ 91-'682 FROVZDING FOR J~SE~S~RT OF LI~N FOR TH~ COST OF tl~A'l'~T ~ FUBLTC NUISANCI~ 0N LOT 11, BLOCK C, LTTTLE HICKORY · 1K~, UNIT NO. 1, THOt~.S J. PL~FT0 ESTATI~, CHRISTIR~ M. FAVA, RJ~,OLUTXON 91-683 FROVIDIRG FOR ~SKSS~ OF LIEN ~R T~ COST OF ~~ ~ ~XC ~I~ ON L~ 8, BL~K 7, IN C~ORtS ADDITION, ~ TA~, ~ DAVIS~ ~~ ~UG~S ~ ED~ ~L~ See Pages Zl:em ,l&lk6m ~Fr~I 91-~84 FROVIDING FOR ASSESSMENT OF LIEN ~R ~ COST OF ~~ ~ ~lC ~~ ON ~ 32, BL~ 184, ~ B~ ~T 7, ~ B, ~. ~ ~LLZ~ P. SHAU~~r ~GI~D Zt:em~16A7 ACCEPTED FOR K-MART ADDITION - WITH STIPULATION Bacteriological testing has met the County's requirements. Ztii See Pages Ztmu ~1~C1 ~'~ ~ ~ ~ ~2,8oo See P.ges o 0 Page 54 Oc~obe]~ l, 1991 a~J~~ OF A~mpoffJ~Y Oo~~iox ~r~ AS Pm~ 0~ ~ U.S. 42 II:ICUT~0~ OF THI SOVEREIGN SUBMERGED LAND EASEMK]FT FOR ~ IIOJOKALEE ROAD ~TSR MA~N PtOJ~"f THUS ALLOWING THE CROSSING OF T~iK COCOHATCHKE &~K!'TAICl OF Ogl (1) PB3qMANEFT UTILITY EASEMENT FROM THE SCHOOL DISTJ~ZcJ'f OF COLLI~KR COUJITY, BARRON COLLIKR HIGH SCHOOL, TO COLLIK]t See Pages ZEICUT~OF A IFKMLKASE AGRE~MKNT BK'fWKKN COLLIER COUNTY, A POLITICAL ~BDZVZSZOJ~ OF THX STATE OF FLORIDA, AND COLLIER DKVKLGFMKNT O3RPORATION, FOR ~ PURPOSE OF CONTINUING THE OPERATION OF THE C,~SOLIDIIASTKTRANSFKR STATION I'=eut~1611 ~FTABLZSIDI~IT OF DLAN]CKT PURCHASE ORDKRS FOR UAPLES AIRPORT AUTHORITY, ~)LLZIR COUIr2'Y S~ElqIFFoS OFFICE AND BKLL HELICOPTER, TKHTRON, AS SOLE ~]~/ltCl VI31DORS FOR THE COUNTY~ICO~ OPERATIONS ~tG~!TT~q~IA~ ~OBTRACT AMARDED TO M.R. FRIZZELL. INC., FOR SPECIFIED ~tOle~ll&L ~K~IC!~ ON TH~ I~LES OF CAPRI FIRE STATIOI ADDITION AT A MMP sml FEI o~ ~25,ooo ,, ~1~qFA'~II OF A F. Jk~MENT AGR~'~NT FOR TH~ ACQUISITION OF AN H&SEMIDIT L%r11~ ~ P~ 427 ~R ~ ~KS ~0~ION P~ M~ICZP~ ~~ T~ ~ B~T ~T (S~CI~ ASSKS~ DIStil} . EI~COT~OII OF All P,~SEMENT AGRHEM~IT FOR ~ ACQUISITION 0:F ~ ~S~ LI~ ~ P~L 502 ~R ~ N~ES ~ODU~XON P~ ~IClP~ ~~ T~I~ ~ B~IT ~IT {SPECIAL ASSES~ lt~16H3 I 000P'~q 159 Page 55 October 1, 1991 lrt,~m ~I~II~ZGN O~ ~1[/~"I11~ CO]~%~:T W/TR R B LAWN S~RVIC~S, linC., TO T,!$T ~ ~&2 B~AUTIIIC&TION M.S.T.U. - IN AN ANOUNT NOT TO ~XCUD ltm#lG~l C!:RTZFIC&TIS OF CORI~C~ION TO X~ TAX ROLLS AS PRKSKHTKD BY THK P~GPIRTYAPFRAX~'S 1989 TAX ROLL 274 9/17/91 282/283 1990 TAX ROLL 9/17/91 FOR II~iATE NO. 71113 The following miscellaneous correspondence ~as filed and/or referred to the various departments as Indicated below: Letter dated September 13, 1991, to Commissioner Goodnight from Ronald Davis, Chief, Bureau of Housing, Department of Community Affairs, re: Community Development Block Grant, Contract Number 90DB-49-09-21-01-H05. Copies to BCC, Nell Dotrill, Russell Shreeve, Frank Brutt, and filed. Letter to Florida LeaGue of Cities Member from William E. Sadowskt, Secretary, Department of Community Affairs, enclosing Policy Makers Affordable Housing Survey. Copies to Neil Dotrill, Russell Shreeve, Frank Brutt, and filed. Notice of Funding Availability, Notice of Public Workshop to be held on October 1~, ~99~, from the Department of Community Affairs, Elderly Homeowner Rehabilitation Program. Copies to Nell Dotrill, Russell Shreeve, Frank Brutt, and filed. Letter dated September 17, 1991, to Chairman, BCC, from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - ;~R, File No. 1120225?5. Original to Harry Huber, copy to Nell Dotrill, and filed. Dated September 6, 1991, from the Department of Environmental Regulation, Notice of Public Workshop and Notice of Proposed Rulemaking which appeared in the September 6, 1991, Florida Ad~inistrative Weekly. Copies to Nell Dotrill, Bill Lorenz, Frank Brutt, and flied. Letter dated September 18, 1991, to Chairman, BCC, from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 112022935. Original to Frank Brutt, copies to Nell Dorrt11, Bill Lorenz, and filed. 160 Page October l, 1991 9e 10. 11. 12. 13. 14. 15. 16. 17. Letter dated September 19, 1991, to Chairman, BCC, from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 112024595. Copies to Netl Dotrill, Harry Huber, and filed. Notice from Robert Williams, Secretary, Department of Health and Rehabilitatlve Services, of meeting on September 27, 1991, with community leaders and interested parties re: budget reductions and other BRS related matters. Copies to Nell Dotrill, Dr. Polkowski, and filed. From the Bureau of Coastal Engineering and Regulation, Division of Beaches and Shores, Department of Natural Resources, Approved Permit Number: 02845 CO, Dated September 12, 1991, for project located at 71 28th Street South. Copies to Neil Dotrill, Harry Huber, and filed. Copy of letter dated September 17, 1991, to D. Michael Spencer from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re: administrative approval of Permit Number: C0-224, Permittee Name: Alan H. Goldman. Copies to Nell Dotrill, Frank Brutt, Bill Lorenz, and filed. Letter dated September 17, 1991, to Collier County from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re: approval of Permit Number: CO-280 M1, Permittee: Westinghouse Communities of Naples, Inc. Copies to Nell Dotrill, Frank Brutt, Bill Lorenz, and flied. Copy to BCC of letter dated September 13, 1991, to Tax Collector Guy Carlton, from Darrell W. Smith, Administrator, Planning and Budgeting, Department of Reveuue, re: tentative amendments and changes to budget submitted for October 1, 1991, through September 30, 1992. Copies to Nell Dotrill, Mike McNees, and flied. Copy to Local Governments of Memorandum dated September 19, 1991, to Governor's Office of Planning and Budgeting, from Annette D. Phillips, Director, Office of Management and Budget, Department of Transportation, enclosing Proposed Budget Amendments/Work Program Amendments to the FY 91/92-95/96 Adopted Work Program. Original to George Archibald, copy flied. Motion for Continuance dated September 16, 1991, Division of Administrative Hearings, Case No. 91--2109GM, Department of Community Affairs and Matthies L. Tarl rs. Collier County. Copies to BCC, Ken Cuyler, and filed. Memorandum dated September 18, 1991, to Interested Parties, from Libby Reddick, Florida Housing Finance Agency, enclosing list of RTC Foreclosed Properties. Original to Russell Shreeve, copies to Nell Dorrtll, Frank Brutt, and flied. Letter dated September 17, 1991, to Commissioner Goodnight from Tax Collector Guy Carlton, enclosing copy of Tax 0ollector's recapitulation of the 1990 Tax Roll for Collier County. Filed. Letter dated September 16, 1991, to Board of County Commissioners from Albert M. Frierson, with the Law Offices of Henderson, Franklin, Starnee & Holt, P.A. re: Sara B. Duran va. Collier County Board of Commissioners, Claim No.: 259-86-25?9, D/A: 1/29/90. Copies to Nell Dotrill, Jeff Walker, Ken Cuyler, and flied. Page 57 18. October 1, 1991 19. 20. 21. 22. 23. Minutes received and filed: Collier County Homeless Advisory Committee Agenda for October 7, 1991 and Minutes of September 9, 1991. Golden Gate Parkway Beautiftcation Advisory Committee Agenda for September 10, 1991, and Minutes of August 27, 1991. Black Affairs Advisory Board Agenda for September 18, 1991, and Minutes of August 28, 1991. Port of the Islands Community Improvement District Board of Supervisors Minutes of June 20, July 3, and July 8, 1991. Notice to Owner dated September 11, 1991, to BCC from Ken Construction Co., under an order given by BBL/Quinn, for labor, equipment and material to construct parking area for expansion of the Main Public Library. Copies to Nell Dotrill, Steve Carne//, John Yonkosk¥, and filed. Notice to Owner dated September 19, 1991, to Cornerstone General Cont., Inc., and BCC, from Florida Irrigation Supply, Inc., under an order given by Cornerstone General Con., Inc., for pipe, fittings, controllers, heads and valves, for the North Naples Community Park. Copies to Nell Dorrlll, Steve Carne//, John Yonkosky, and filed. Notice to Owner dated September 18, 1991, to Collier County from Commercial Contracting Systems, Inc., under an order given by D. L. Porter Construction, Inc., to provide labor and material for the installation of metal stud framing, drywall and stucco at the East Naples Public Safety Facility, Station 21. Copies to Nell Dotrill, Steve Camell, John Yonkosky, and filed. Memorandum dated September 9, 1991, to Collier County from Deborah Coury, Financial Administrator, Bureau of Local Government Finance, Department of Banking and Finance, Office of the Comptroller, re: Pari-Mutual Verification. Copies to Nell Dotrill, John Yonkosky, and filed. Memorandum dated September 11, 1991, to BCC from Mary W. Morgan, Supervisor of Elections, re: Fire Control District Boundaries - Mall Ballot Election. Copies to Nell Dotrill, Jay Reardon, and filed. Page 58 October 1, lggl There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 4:55 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL . U,! ,~ · 3~qM~.~ C~ ~ GILES, CL~K '~ ..... ',~ as presented ~or as corrected PATR/~~HAIRMAN Page 59