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BCC Minutes 06/25/1991 RNaples, Florida, June 25, 1991 LET IT BE REMEMBERED, that the Board of County Commissioners in ~and for the County of Collier, and also acting as the Board of Zoning )eals and as the governing board(s) of such special districts as created according to law and having conducted business met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the ,following members present: f: i%<'~ .'~ .. - C HA IRMA N: i'~"~ '!~" VICE-CHAIRMAN: .. ALSO PRESENT: Director; Annette Guevin, Ellte Hoffman, Wanda Arrtght and Debby ~:Farris, Deputy Clerks; Nell Dotrill, County Manager; Ron McLemore, Patricia Anne Goodnight Michael J. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders James C. Giles, Clerk; John Yonkosky, Finance County Manager; Jennifer Pike and Tom Olltff, Assistants to the Gounty Manager; Dave Weigel, Marjorie Student, Brenda Wilson and Richard Yovanovich, Assistant County Attorneys; Frank Brutt, Community talopment Services Administrator; Jay Reardon, Emergency Services 'Admini,:trator; Ken Bagtnskt, Planning Services Manager; Steve Carnell, Purchasing Director; Leo Ochs, Administrative Services Administrator; Shreeve, Housing and Urban Improvement Director; Mike McNees, Budget-Director; Fred Bloatschar, Assistant Utilities Administrator; Ron Cook, Utilities Finance Director; Bob Fahey, Solid Waste Director; '11'.Pat Hanifin, Data Processing/MIS Director; Murdo Smith, Parks & Recreation Manager; Tom Conracode, Office of Capital Projects Management Director; Sandra Taylor, Real Property Director; Heywood Boyce,~ Compliance Services Manager; Bryan Milk, Bob Mulhere, Bob Lord, Schell and Eric Young, Planners; Captain Mike Ryan, Shertff's Sue Filson, Administrative Assistant to the Board; and Deputies Larry Hargrove and Kevin Nelson, Sheriff's Office. · Page June 25, 1991 MZTH CHANGES Racom moved, emcondad by Coulaaloner Shanah~n and that the agenda be approved with the following Item #9H7 - Recommendation that the Collier County Commission authorize the County to retain the services of Young, Van Assenderp, Varnadoe and Benton, P.A., to defend the County in the case of an appeal of the Code Enforcement Board's deci- sion regarding the homeless shelter at the First Assembly of God Church - Added. (Requested by Staff.) Item #12D - Request Board to appoint a representative to serve with Interim planning group for HRS District S for a period of one year through June, 1992 - Added. (Requested by Commissioner Goodnight.) Item #16A15 - Recommendatlon to increase the contract sum for Bid #89-1459 - Moved to #9A2. (Requested by Commissioner Shanahen.) Item #16B4 - Recommendation to approve a Florida Department of Commerce Grant Application for road improvements related to the proposed Baseball Sports Park subject to stipulations - Moved to #9B2. (Requested by Board of County toutssigners.) Item #16D1 - Approval of Amendment No. 2 to the Effluent Irrigation Agreement with Royal Palm Country Club of Naples, Inc. - Moved to #9D4. (Requested by Staff.) 6e Item #16D2 - Recommendation to approve and execute the notice of promise to pay and agreement to extend payment of sewer impact fee between Windsor Park Properties 4 and Windsor Park Properties 5 and the BCC as the Governing Body of Collier County and as Ex-Offlcto the Governing Board of the Collier County Water-Sewer District - Moved to #9D5. (Requested by Staff.) Item #16D3 - Recommendation to approve and execute the notice of promise to pay and agreement to extend payment of sewer impact fee between Windsor Park Properties 4 and Windsor Park Properties 5 and the BCC of Collier County, Florida, as the Governing Body of Collier County and as Ex-Offtcio the Governing Board of the Collier County Water-Sewer District - Moved to #9D6. (Requested by Staff.) Item #16E2 - Recommendation to approve and execute a Limited Use License Agreement between Collier County and Island HatIns, Inc., approving the use of County-owned property for the purpose of off loading, final assembly and storage of pre-constructed boat docks - Moved to #9El. (Requested by Commissioner Shanahen.) item #16F4 - Recommendation to waive the County's formal com- petitive sealed bid process for the purchase of uniforms for the Emergency Medical Services Department on the basis of formal quotations - Moved to #9Fl. (Requested by Staff.) 10.... Item #16F5 - Recommendation to waive the competitive bid pro- cess and authorize the sole source expenditure of com- OOOPAI~[ ll Page 2 June 2S, 1991 munications repair and maintenance on emergency communications equipment for the County's Emergency Medical Services Department - Moved to #9F2. (Requested by Staff.) 11. Item #3A Item #16H4 - Recommendation to approve a Change Order pro- viding for additional services required for the continuation of the existing agreement for professional services related to construction of the Wiggins Pass Maintenance Dredging Project - Moved to #9H8. (Requested by Commissioner Volpa.) ~ONSKBT AGENDA - APPROVED AND/OR ADOPTED 1%~ ~otion for al~Fova! of the Consent Agenda to noted under Item ~'S/RKpORT - APPROVED ?:The~otlcn for approval of the Clerk's Report is noted under Item MINUTES OF THE REGULAR MEETING OF MAY 7r 1991 - APPROVED AS PRESENTED Comm/sstoner Hassa moved, seconded by Comml~sioner Shanahan and carried unanimously, to approve the Minutes of the Regular Meeting of "7, 1991. ! EMPLOYE~ SERVICK AWARDS - PRESENTED employees and presented their service awards: '(:<. Diane Flagg - EMS ~.. Tamara Buchan - Purchasing · "Josephine Johannes - Library/Nap/es -Melitta Beakbane - EMS Ann Saylot - Utilities/Admin. Commissioner Hasse congratulated the following Collier County 10 years 10 years 10 years 5 years 5 years Zt~B1 DESIGNATING JUNE 30, 1991, AS SAM 3. COLDINC DAY - Upon reading and presenting the proclamation to Sam Colding, ~(: Co~tosioner Saunders moved, seconded by Commissioner Shanahan and =a~-rAed unanimously, to adopt the proclamation designating June 30, , 'u Sam J. Colding Day. Sam Colding thanked the Board of County Commissioners and the people of Collier County for their support during his 30 years as Collier County's Property Appraiser. Page 3 June 25, 1991 ,~-~.C~I"I'~I~TE OF APPRECIATION PRESENTED TO FIRST LIEUTENANT BROOKS Commissioner Goodnight presented a Certificate of Appreciation to First Lieutenant Brooks Gruber for his efforts as part of Operations "Desert Shleld" and "Desert Storm". /, Lt. (~ruber thanked the Board and County residents on behalf of himself and all others from Collier County who fought in "Desert St6rm". He indicated his appreciation for the support they received which he said made it much easier to do their Jobs. Page 4 June 25, 1991 ORDI][A~CE 91-52 RE PETITION R-91-03, HASSAN KAMAL OF B.S.E. CONSULTANTS, INC., REPRESENTING CARUSCAN OF AMERICA, REQUESTING A REZONE FROM RM~-12 TO R~F-& FOR HIDDEN HARBOR AT VICTORIA PARK, LOCATED WITHIN VICTORIA PARK SUBDIVISION CONSISTING OF 8.76 ACRES - Legal notice having been published in the Naples Daily News on June 6, 1991 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-91-03, filed by Hassan Kamal of B.S.E. Consultants, Inc., representing Caruscan of America, requesting a fezone from RMF-12 to RSF-4 for Hidden Harbor at Park, located approximately one-half mile west of Airport-Pulling Road (CR 31), one mile south of Immokalee Road (CR 846), within Victoria Park Subdivision in Section 26, Township 48 South, Range 25 East, consisting of 8.76 acres. Planner Milk requested that discussion of Companion Petition SMP-91-4 be heard in conjunction with this item. He explained the site is presently zoned RMF-12 which allows a maximum of 105 dwe]ltng i'J' units, however, the existing zoning district is not consistent with the Growth Management Plan and is subject to zoning resvaluation. He .said the petitioner proposes to fezone the subject property to RSF-4 'develop a 20-1or single family subdivision on 8.76 acres, which converts to 2.28 units per gross acre. He noted this represents a reduction in density of approximately 80~ and is, therefore, con- sistent with the Growth Management Plan. He mentioned Victoria Park .>,,/ ~Subdivtston, zoned RSF-3, surrounds the subject property on the north, east.and west, while the south contains undeveloped A-2 property. He .:~' stated the GCPG reviewed this proposal on June 6, 1991, and voted una- .nimously to recommend approval. Co~l~seloner S~ moved, seconded by Commissioner Smunders and CmXT~ed unanimously, to close the public hearing. Commissioner Volpe commented the application for this request requires officers and principal shareholders to be listed, and that Information has not been provided to the Board. information be Included in the future. He asked that the Page 5 June 25, 1991 Comsuisatoner Shanaban moved, seconded by Commissioner Saunders and c~ ~t~1~, to approve Petition R-91-03, ~d that the ~l~ ~ m~ ~d titled ~1~ ~ adopted ~d entered Into ~k No. 44: O~IN~CE 91-52 AN ORDINANCE ~ENDING ORDINANCE NU~BE~ 8R-R THE ZONING REGULATIONS FOR THE UNINCORPORATED A~EA OF COLLIE~ COUNTY, FLORIDA BY A~ENDING THE OFFICIAL ZONIN6 ATLAS ~A~ CH~G[NG THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPE~TY LOCATED A~PROXI~AT~LY ONE-HALF ~ILE WEST OF AIRPORT-PULLING ~OAD (C.R. 31) AND APPROXI~ATEL~ ONE ~[LE SOUTH OF NAPLES-[~O~LEE ROAD (C.R. 846), IN SECTION R6, TOWNSHIP SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL0~IDA, F~O~ ~F-I~ TO RSF-4 FOR S[NGLE-FA~LY RESIDENTIAL USE; AND BY PROVID[NG AN EFFECTI~ DATE. C~T~, ~., RE~STING S~DIVISION ~STER PLAN AP~OVAL FOR '~ ~R AT V~ORIA P~K' FOR PROPER~ LOCATED APPROXI~TELY 0~--~ HILE ~ST OF A~R~RT-~LING ROAD (CR 31) ~ O~ ~ILE SO~ OF ~~ RO~ (~ 846), ~[N VICTORIA P~ SUBDiVISiON - ADOPTED Legal notice havtng been published in the Naples Daily News on t~'i..June 9, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-91-4, filed b~ Hassan Kamal of B.S.E. Consultants, Inc., requesting Subdivision Master plan approval for "Hidden Harbor at Victoria Park". Shanaban moved, seconded by Commissioner Saunders and F, to close the public hearing. Shanahah moved, seconded by Commissioner Hasse and .... c~rrt~tm~aimously, to approve Petttton. SMP-91-4 subject to thereby adopting Resolution 91-478. Page 6 Suns 25, 199! ,~1~ 91o83 ~ PETITION ~87-12(1), ROB~T H. ~I~ OF A~ON ~t.~.~,'.~S~IN~ A~ON CO~Y CL~, RKQ~STING A ~ZO~ Legal notice having been published in the Naples Da~]y News on 5~[f199~, as evidenced by Affldavlt of Publication filed with the Clerk, public hearing wa~ opened to consider Petition PUD-87-12(1), ~.f~led by Robert H. F/inn of Audubon Join~ Venture· representing Country Club, requesting a fezone from PUD to PUD known as Country Club for property located on the west side of U.S. 41, 'iextending westward across Vanderbilt Beach Drive to Little Hickory Bay ~n' Sections 5, ?, 8 and 9, Township 48 South, Range 25 East. ['~Commissioner Volpe remarked there was an advertisement during the )revious weekend An the business section of the Naples Daily News, .g these single-family lots for sale. He said he has many phone calls questioning whether the BCC had yet approved ~ithe fezone, and he was at a loss to explain to his constituents how that may have happened. He asked for a representative of this project ,lain how an ad can be placed offertn~ lots for sale before the has actually been approved. Starter, one of the principals of the Dolphin Cove Partnership, admitted they did place the ad in the newspaper because c~their.understanding that they have the right to take reservations fo~a contract pursuant to State laws. Convmfssioner Volpe warned that in the future, he will not look ly on those instances where the development community is advsr- ng property for sale before it has been rezoned. Assistant County Attorney We/gel concurred with Commissioner comments. He said it may not app-ar tha~ a law has actually · however, an impropriety is apparent in regard to an on the Board has yet to take. Saunders shared Commissioner Volpe's concern that it .embarrassing because of the appearance of a project being Page 7 June 25, 1991 ,~[approved without any real comment. However, he said, the Issue before ~' itha Board ts the appropriateness of the rezontng. ~Mr. Starter contended their Intent was only to make the Infor- mation available to prospective buyers. He said the developers have ~:.': met twice with the homeowners associations In the neighboring area ii.:iletttng them know well In advance of thetr plans. He said those asso- Ciations have provided a letter in support of the project. ~'; Commissioner Goodnight noted that Companion Petitions R-91-4 and SMP-91-? will be heard in conjunction with this item. " Planner Lord presented Petition PUD-87-12(1) requesting a rezone from PUD to PUD for the purposes of incorporating tile original PUD Document and all subsequent changes with this request to remove a 5.25 :'acre parcel of land in the northwest corner of the PUD and 20 units from the R-2 designated land uses, along with the access road that l~lns through the wildlife preserve. He said the proposed amendment is consistent with surrounding residential uses and the Collier County i.uGrowth Management Plan. He asserted there will be no relative change i:~i:'tn the number of residential units allowed, therefore, the density is in compliance. He added there will be no additional traffic impacts with this amendment. He reported removing the 5.25 acre )arcel and the conneoting road, along with the reduction of 20 units, constitutes the major changes. Its said these minor housekeeping '.-.'changes will not Impact the intent of the ortglnal PUD or the surrotu%ding properties. He concluded the CCPC held their public "hearing June 6, 19G1, and forwarded Petition PUD-87-12(1) to the Board of County Commissioners with a unanimous recommendation of approval. Planner Lord noted minor changes have been made to the PUD docu- that are not reflected in the material provided to the Board. He 'c-..,. said after a meeting between himself, Assistant County Attorney Student and the petitioner, four questions have been reso]ved. i~!i'In artswar to Commissioner Shanahah, Planner Lord explained ?:Sections $05.0? and 4.05 were modified to state the standards with the exception of setbacks to preserve areas, may be waived, however, Page June 25, 1991 :~tha:.height and minimum floor area must be maintained. He also men- a minor language change in Section 9. In response to Commissioner Volpe0 Planner Lord stated a bald eagle was discovered on the property, which necessitated some of the ~.' changes to the PUD. Planner Lord advised that Section 10 was also modified, adding a new paragraph. He concluded all these changes have been approved by ;~the'County Attorney. :;.Commissioner Volpe commented regarding the land use schedule, there appears to be a readjustment, increasing the acreage for single- family and decreasing acreage for villas. Planner Lord clarified <':those~two desiguations are being combined for a total which will never exceed 408 units. Commissioner Volpe asserted when this item was previously before Board, there was much discussion regarding preservation of a ~Jbuffer area that separates Audubon Country Club from Bonita Shores, Little Hickory. Robert Duane with Hole, Montes & Associates, advised this PUP .increases the buffer by 10 feet over the present ordinance. He men- ticned there have been no concerns expressed in the review of this petition pertaining to that issue. ~~ioner Saunders ~mved, seconded by Commissioner Volpe and :~: '-~aXTA~ uz~nt~ously, to close the public hearing. ':' C~l~1111seloz~r VOlp~ ~ed, seconded ~ Co~tsstoner Sanders and .;:..~l~.~i~lF, to appr~e Petition P~87-12(1), ~bJect to a L~ ~ ~nt, ~d that the Ordin~ce as n~rod ~d titled balmabe ~opted and entered into Ordinance Book No. 44: ORDINANCE 91-53 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8§05N, 8§05S, 8507N, 8508N AND 8509N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS AUDUBON COUNTRY CLUB PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF U.S. 41, EXTENDING WESTWARD ACROSS VANDERBILT BEACH DRIVE TO LITTLE HICKORY BAY, IN SECTIONS 5, ?, 8, AND 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 754.75 ACRES; BY REPEALING ORDINANCE NO. 87-7? WHICH ORIGINALLY ESTABLISHED THE AUDUBON COUNTRY CLUB PUD; AND BY PROVIDING AN EFFECTIVE DATE. June 25, 1991 ~' · 0~D~[~I tl-54 RE PETITION R-91-4, R~ED JARVI OF AGNOLT, BARBER & ' ~, ~., ~E~ING ~L~IN CO~ P~T~RSHIP, REQUESTING A ~ ~ ~ ~ ~F-3 ~R ~ SIN~E F~ILY LOTS FOR ~OP~ ~A~ AT ~ ~SE~ON OF ~ST A~E A~ 7~ STREET, CONSISTING O~ 5.~5 ~ES - ~D ~~ TO ~TITIO~R'S AGRE~ Legal notice having been published In the Naples Daily News on ~J~e'6, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-91-4, filed by Reed Jarvt of Agnolt, Barber & Brundage, Inc.., representing Dolphin Cove partnership, requesting a fezone from PUD to RSF-3 for 11 single family lots for property located at the fntersection of West Avenue .and ?th Street in Section 5, Township 48 South, Range 25 East, con- s~.tng of 5.25 acres. Planner Lord explained this 5.25 acre parcel is located within the Coasts! Management Zone, which allows a max/mum of three unit, per acre. He said the pro~ect will have a density of 2.! units per acre, t~etefora, ta ~n compliance w~th the FLUE ot the O~owth Management ' ~P]an.* Be noted the intent o~ the project is to provide ~ single · family residential lots, with water access to ~0 homes~tes. He stated the subject property is currently located within the Audubon Country ;PUD and ~s designated multi-family residential. He advised Staff has reviewed the subject petit/on for water management, engineering and utility concerns and have no objections, subject to stipulations !hourlined in the Agreement Sheet. He concluded the CCPC reviewed Petition R-9~-4 on June 6, 199~, and recommended unanimous approval, subject to Staff's stipulations. · In answer to Commissioner Volpe, Planner Lord Indicated a stipula- · 'ttonte ~ncluded in the Agreement Sheet for both this petition and the Subdivision Master Plan regarding a boat teafile manaG~m~nt plan. ~m/eetoner Shanahah ~oved, seconded by Com~issioner Hames, to . :,~.;iCommisstoner Volpe asked Planner Lord to highlight the requested variances to the County's subdivision regulations, Planner Lord advised the major variances are the street ~tdth pavement that will be Page 10 ', . , June 25, 1991 ;r~duced from the required 60 feet to a 40 foot right-of-way and Ldewalks may be waived. '/,Commissioner Hasse asked for the basis of waiving the sidewalk reqtl~rements. Planner Lord noted the right-of-way widths needed space for,utilities, as well as the fact that the street will be a cul-de- ~.~:sac~.wtth only 10 homes being served. · :>:.[';~ Commissioner Volpe questioned if construction traffic will access ,[,'the~site from west Avenue? ~Mlchae! Fernandez, representing the petitioner, responded they have no control over that issue, however, developers will be encouraged to limit construction traffic to c-.r~sJn s~,.~. rioned the ~1 homes will a~l be built by ~nd~vtdual homeowners, and not anticipated ~hey w~] be developed s~multaneously. Plier ~ord commented there are only two roads that realistically can eerve construction traffic, 7th Street and West Avenue. other roads ~n the area are conf~re~ so as to be too compl~ca~eO t~e const=u=t~on traffic to Mr. Fernandez c~a=~f~ed w~th regard to r~ght-o~-way w~dth =educ- ~on an~ s~dewa~k waivers, bo~h variances we=e ma~e ~n =es~onse to 'e~v~ro~ental concerns to reduce the amoun~ of Impervious area. ~ -~ ca~ for the ~ee~on, the ~t~on carr~e~ ~mously. C~s~r S~~ ~ed, seconded by Co~ss~oner Hasse ~o :~ NtJtt~ R-91-4 ~bJect to the Petitioner's A~eement, ~d ~.~ ~~ce ~ n~red ~d t~tled ~1~ ~ adopted ~d entered ~nto ~~ce ~k No. 44: ORDINANCE 91-54 AN ORDINANCE AMENDING ORDINANCE NUMBER B2-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFIGIAL ZONING ATLAS MAP NUMBER 8505N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT THE INTERSECTION OF WEST AVENUE AND 7TH STREET IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM PUD TO RSF-3 FOR ELEVEN (11) SINGLE-FAMILY LOTS; · PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY ~.~PROVIDING AN EFFECTIVE DATE. ;0~ 91--4T9 RE PETITION SMP-91-?, REED JARVI/STEVE BALL OF ~&~]KYLZ,-!~ & ~R~FRDAG~, INC., REPRESENTING DOLPHIN COV~ P~RT)IE$~Sl~IP, REQUE~TIN~ SUBDIVISION MASTER PLAN APPROVAL FOR DOLPHIN Page 11 3m'~e 25, ],991 /. ('. COV~ ,' :**. T,,OC&~ AT ~ ~;OtT'I'RT~ST CORRgR OF T~E TNTKRSKCTION OF Jk~D ~ STR.g~I'~ CORSTSTZHG OF 5.25 ACRgS - ADOPTgD SOB..,-gCT TO Legal notice hav/ng been published in the Naples Daily News on June 9, 1991 as evidenced by Affidavit of Publication ftled wtth the ~Clerk, public hearing was opened to conslder Petition SMP-91-7, flied by Reed 3arvt/Steve Ball of Agnolt, Barber & Brundage, Inc., repre- ~m~ntlng Dolphln Cove Partnership, requesting Subdivision Master Plan approval for Dolphin Cove. Discussion of Petition SMP-91-? is contained In Items #6B2 and Shanahah ~oved, ~econded by Co~l~toner H&~e and c~'r~dun~n~u~l¥, to close the ~bllc hearing. C~t~t~ S~~ ~, leconded ~ Co~tsstoner Hasse ~d ~t~~1~ly, to appr~ Petltton S~-91-T, ~bJect to the Mtt1~r~s [~~t there~ adopting Resolution 91-4T9. Page June 25, 1991 O!I:DI!IA!I~ 91-55 1~ PK~'ITION R-90-36, HARV[~ STRAUSS, P.~., OF ALPHA ~31~ZIFJ~Z~ OF LE~ COU]~'Y, INC., RKPRESNNTING JOHN D. $ASSY, TRUSTEE, R~F~$TI~G A RKZONE FROM A-2 TO PUD TO BE KNOWN AS SADDLEBROOK VILLAGE PUDFOR 438 AFFORDABLE HOUSING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OP THE INTERSECTION OF RADIO ROAD (C.R. 856) AND DAVIS BOULEVARD (S.R. 84), CON~ISTINO OF 33.79~ ACRES - ADOPTED SUBJECT TO AMENDED PUD DOCUMENT AND AFFORDABLE HOUSING AGREEMENT Legal notice having been published in the Naples Daily News on .June 6, 1991, as evidenced by Affidavit of Publication filed with the . Clerk, public hearing was opened to consider Petition R-90-36, filed ~'~ by Harvey Strauss, P.E., of Alpha Engineering of Lee County, Inc., if:.' representing John D. Jassy, Trustee, requesting a fezone from A-2 to i ': PUD to be known as Saddlebrook Village PUD for 438 affordable housing ";~: units, consisting of 33.79_.+ acres. i~:~. Commissioner Saunders noted that he needs to confer with the Attorney, because he may have a conflict of ~nterest. ~:.. Planner Schell explained this project is proposed for 438 affor- dable housing units, however, 70% of the project will be for market ,rate units. He said the formula allows this mtxture and is In confor- ~ mance with Ordinance 90-89, the Affordable Housing Density Bonus :! - Ordinance. · : -In answer to Commissioner Shanahen, Planner Schell responded of ~14~8 unAts, 132 will be for affordable housing of which 88 are planned for 2-bedroom units and 44 are planned for 3-bedroom units. Commissioner Volpe commented this project is proposed to develop 'at 13 ~nita per acre because it is w~thin a transition area, and in addition, Staff has recommended the developer be given an addltional six qlnits per acre. He said are the six additional units per acre an entitlement or is that recommendation based on an economic analysis to :m,~ke the project viable? Planner Schell replied based on the density bonus system, Staff felt the developer should be entitled' to the additional units due to location o~ the proposed project. Commissioner Volpe asserted the developer is already entftled addit~onal units per acre base~d on Page 13 June 25, 1991 '~'; ' : Planner Schell agreed, adding based on the Growth Management Plan, the parcel is allowed a base density of four unlto p,r acre. He said it iS located within one mile of an activity center, three addi- are allowed. .~'. ,,R~lssell Shreeve, Director of Housing and Urban Improvement, clarified that all density bonuses are subject to Board approval. He said _the six additional units are not an entitlement, that figure is i~_the '~axlmum allowed. ' Commissioner Volpe stated he Is looking to Staff to provide an analysis for this project that Justifies giving this petitioner an additional six units per acre for affordable housing when only 30% of the project is for affordable housing. Mr. Shreeve communicated he has not done an analysis on this par- ttcular project, rather, he looked at it from the standpoint of what ges of affordable housing are proposed and what density bonus ,~,".units can be given. ~,.,· . Planner Schell stressed that the FLUE of the Growth Management ~):.Plan allows an additional eight units per gross acre, and this deve- loper ~s asking for six. Commissioner Volpe remarked if the Board grants the density bonus credits to someone who is other than the ultimate developer, the i:,i~i:l'est!lttl~; cost to a subsequent purchaser is increased. He said it makes the land more valuable because more units can be built. He referred to the April Circle project and the problem of waiving impact fees to make the project economically viable. He noted the purpose of )!:>.i the'Ordinance is to provide a balanced project with market and affor- dable' housing units, and he wants to ensure that objective is ,1tshed. Goodlette with Gummings and Lockwood, representing the b<:~<~:'. , . !i: petitioner, stated the County is offering an incentive for this pro- Ject to become one that accommodates entry Jer, 1 housin~ and aff(,r- !~', dable housing, and there is no contemplation that impact fees of any -kind would be waived. He said there is absolutely no s~m~larity bet- Page 14 ,,,) ~ June 25, 1991 ,'.,ween this project and April Circle from that perspective. Commissioner Volpe suggested if Mr. Jassy does not happen to be [ the.ultimate developer of this project by selling it to someone else, could that person come in and ask for waivers of impact fees? Mr. Ooodlette reported this request is in compliance with current ordinances with respect to affordable housing and density bonus 'j::~eqUirements. He said the developer has complied with every existing ' regulation, adding the current requirements do not direct Staff to focus on the economic issues. .. Mr. Jassy commented there are people in the County who need affordable housing, and that is what he is trying to accomplish with this request. He said he does not envision returning to the Board to ask for waiver of impact fees, however if he does, approval of any such request would be in the hands of the Board. Commissioner Hasse commented the proposal indicates 438 affordable housing units, when 142 units will be built. He suggester ~!.~ (7!! is misleading. ,.[~,d.,, , [. · *:.: Commissioner Shanehen agreed the definition as written is not clear, however, it has been made clear during this discussion. Commissioner Saunders remarked when doing a low income project, i:i.,~he current wisdom is that there be a mixture of uses to eliminate the stt~na of a low income housing project. He said that tends to provide a better community. He also pointed out if the Board insisted the ,developer build all 438 units as affordable housing, the reality is ~'th~ pro~ect would never be built. He said it Is better to have some none at all. Commissioner Hasse concurred with Commissioner Saunders, however, :>reiterated that to state there will be 438 affordable housing units is misleading. :' · Commissioner Shanahen indicated that Commission~:r Hesse's point is .:, ' Commissioner Saunders asked if the petitioner is willing to Page 15 June 25, 1991 :61~4e lsnguage An the PUD Document to stipulate the project will not be subject to waiver of Impact fees, now or in the future. Mr. Jassy communicated he would rather reserve the right to come '?before the Board to present his case, if ~t becomes necessary. Planner Scheff advised the CCPC unanimously recommended approval of Petition R-90-36 at their April 4, 1991, public hearing, subject to $taff's.stlpulattons, and with the additional stipulation that one- bedroom affordable housing units will not be permitted for sale or rent for this PUD. He also noted Staff is requesting the language ]n Section 8.07A of the PUD Document be changed to coincide with Item b. for!the Agreement Sheet; specifically, "right and left" turn lanes will read "eastbound and westbound". In addition and per Board direction, .he said, Staff is recommending that RMF-12 development standards be i~s~":.for the entire project. He reported one letter of objection has been received concerning decreased property values and destruction of the quiet character of Palm Springs. He concluded with the recommen- iL>-dat~on that the Board of County Commissioners approve Petition R-g0-36 as amended and the Affordable Housing Agreement, subject to Staff's stipulations as amended. ~ln:answer to Commissioner Volpe, Planner Schell replied that development standards require all units to have a minimum of Davis Boulevard and not Radio Road? 750 square feet. Commissioner Volpe recalled there is no connection from Radio Road:d~rectl¥ to Davis Boulevard In the area of the subject site. Planner Scheff reported the petitioner has been asked by the County's Transportation Department to redesign the intersection to provtde direct access from Davis Boulevard. Commissioner Volpe asked if the primary entrance will be from Planner Schell indicated in the :>caffirmattve, adding that is subject to FDOT and County approval. He sald-~t ls likely that the current access w~11 be abandoned, because · the eastern access is a more direct path to the project and will pro- vide better traffic movement. Page ~ 6 · . June 25, 1991 ';'' In'response to Commissioner Volpe, Mr. Jassy Indicated all the units will be rental. Loeber with the Taxpayers Action Group, urged the Board to · sure if and when density bonuses are approved for this or any · project, that the bonus is approved for the actual developer of affor- ;~ dable housing. ~.'-~' ' Mr. Goodlette referred to the Affordable Housing Agreement, which <" Specifically states that, "The Developer may not assign, delegate or ~': otherwise transfer all or part of Its duties, obligations, or promises !,.i~under'.thts Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever." He concluded thls Agreement accommodates the concern expressed by Mr. Losbet. ,::~ Commissioner Volpe asked if Mr. Goodlette would have any objection to the Agreement being made more clear regarding transfer of the actual density bonus without the consent of the Commission, to which Mr. Goodlette indicated in the negative. Contmissioner Hasse inquired if there are any environmental problems associated with this project, such as the red cockaded wood- [jl ~.pecker? Planner Schell responded Environmental Staff has been working closely with the petitioner regarding the red cockaded woodpecker flight path. He said the flight path is located on the west and north sides of the project In areas designated as preserve area. He noted the project has over 30~ preservation. C~g~lls~on~r Shmnmhan moved, seconded by Co~mtssioner Hasse, to ~u~I~C hemx~ng. ,sstoner Saunders communicated that he has a personal rela- [~. tionship with Mr. Jassy and will not participate ~n the vote. [ [;: ~.~11 for the ~st~on, the mo~ton carried 4/0 (Co~ss~oner Co~tmmtoner $hmnml~mn moved, seconded by Com~issioner Hasse and 4/0 (Co~aissioner Saunders abstained), to approve Petition subject to the stipulations as amended, and thmt the Ordinance ooo.,,: 30 Page 17 3une 25, 1991 ~:,~-/mMNrfJ~ ~nd titled belo~ be adopted and entered into Ordtnamce ORD~N~CE 91-55 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COHPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, ~ORIDA BY AMENDING THE OFFiCiAL ZONING ATLAS MAP NUMBER 9634S; BY ~NGING THE ZONING C~ASSIF~CAT~ON OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UN[T PEVE[,OPMENT KNOWN AS SAPDLEBROOK VILLAGE PUD FOR AFFORDABLE HOUSING FOR PROPE~TY ~OCATED ON THE NORTH SIDE OF THE INTERSECTION OF RADIO ROAD (C.R. 856) AND DAVIS BOULEVARD {S.R. 84), ~OCATED IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA~ CONSISTING OF 33.79+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. ~la~e~ Schell ~e~ested the Board approve the A~fo~dable HoustnG Agreement and asked for clarification on the language proposed by !i::.Commisstoner Volpe. {'?::?~.; Gommissfoner Shanahan said in his opinion, the additional language is superfluous. Commissioner Volpe stated as long as his concern As understood, he -'?i:wlll approve the Agreement. :',:Ogl~l~io~r Shanahah ~, eeconded ~ Co~i=aioner Haa~e ~d ;* ~~ 4/0 {C~/m~l~er Sa~derm ab~ta/ned), to ~ppr~e the eg~u J. ng ~gree~nt. Page 18 "~"~:" June 25, 1991 st..{~'~ssed: 11:10 A.M. - Reconvened: 11:25 A.M. at which time D~m~F Clerk Hoffman replaced Deputy Clsrk Guevin eee C.O.~.~. ~~ ON HOUSIN~ - ~AG~R TO ~V~S~ ON 7/23/9~ O~ GR~ ~J~ ~ D~LI~S ~T ~ NOT BE~ ~T RE A~RDABLE HOUSI::G Commissioner Goodnight remarked that she feels that the County Manager and Messrs. Blanchard and Litsinger should look at the Housing Element of the Growth Management Plan and present to the Commission in August what Is needed to meet the deadlines with regard to Affordable ; Housing. She noted that there have been many questions with respect i>'i to the Affordable Housing Ordinance and density bonuses and suggested that perhaps workshops should be held with the Taxpayers Action Group and C.U.R.E. in order to move forward with the Housing Element. Commissioner Volpe explained that as a part of Commissioner Goodntght's direction, staff should consider an action plan to iden- tify a coalition of people from the private and public sector. He noted that there does not seem to be any networking as to what has been taking place. He suggested that this group could be comprised with a representative from C.U.R.E., members from the Taxpayers Action Group, representatives from the development and banking community, representatives from the agricultural and citrus industry, and someone [- from the Collier County Housing Authority. Commissioner Shanahah remarked that he believes there should be a housing search leader, taking into consideration Russell Shreeve's ~' .respons~bility but reporting directly to County Manager Dotrill, in putting together affordable housing units. Commissioner Saunders announced that C.U.R.E. has brought to the forefront the true tragic need for housing. He indicated that he feels that Mr. Shreeve should report directly to the County Commission ~,j' and that a more active role be taken in the committee. He suggested that a County Commissioner should work with the banking community to [i,," bring more readily available financing to affordable housing projects. noted that Commissioner Volpe's suggestion with regard to a commit- is fine, but a Commissioner should be involved with contacting the June 25, 1991 b'a~d~>to advise of the importance of this issue. He stated that he would be happy to participate in the coalition of the networking and L report through the committee to the Commt~sion. Commissioner Goodnight expressed that the agricultural industry not the biggest player in the affordable housing issue, noting that the Collier County Housing Authority provides for farm laborers. She ~.'.~emmrked that a representative from the Chamber's Housing Committee should be utilized so that the businesses using the peop]e that need affordable housing can be represented. Commissioner Goodnight related that until all th,~ ordinances in the Housing Element have been completed, she does not believe that the Commission will be able to move in the direction of Affordable i~)" Housing. She requested that the Manager work with staff to advise of .i~ the Goals and Objectives. of the Growth Management Plan deadlines that · have not been met, and listing priorities so that the private and public partnerships can be built. .' HUI Director $hreeve advised that the Joint City/County Affordable Housing Commission will be presented for adoption on July 23, 1991 and .. questioned whether this group would suffice as the committee as suggested by Commissioner Volpe. It. was,the consensus of the Board to utlllze the Joint City/County ~.' Affordable Housing Commission as the coalition of networking the issue of affordable housing. NEGOTIATED OFFERINGS COMPRISED OF SMITH BAKNEY, WILLIAM R. HOUGH, M~RRILL LYNCH & ALEX B~OWN - Assistant County Manager McLemore reported that on June 4, 1991, Commission authorized staff to solicit and evaluate proposals from investment banking firms interested in serving as members of the Count¥'s underwriting team. He related that 24 proposals were received and upon completion of the criteria reviewed in the Request ,for Proposals, the Finance Gommittee is recommending that the three highest ranked firms be approved for the team's composition. 58 Page 20 Mr. Marc Samet, of C & S Bank, serving as the County's Financial Advisor, stated that the committee reviewed 24 proposals consistent with the RFP's, and there was a consensus of the five best firms. He indicated that the team is recommending three firms, with the oppor- i . t~ntty for future deals to allow local firms to participate in a ~'selltng group so that the bonds will be in the hands of local Mr. Samet advised that the two top ranked firms are Smith Barney 'i~. and P~udential Securities. He noted that the most recent experience j~O[ William R. Hough would very satisfactorily compliment the other two Commissioner Volpe remarked that limiting the team to three firms ;:~ illmits the incentivehess and competitiveness and suggested that the team.be comprised of four or five teams. He expressed that the people who will be bearing the debt service are the users and in order to ensure the most competitive market and creative ideas it would be more advantageous to have the group expanded. !< Commissioner Goodnlght stated that she u;:q~:*~%tood that the Finance Committee would come back to the Oommtssion recommending at least three firms that would be the team during the next 2-3 years. She explained that she believed that each time bonding would be required, the Board would look at the three firms and utilize the best qualified i'fo~,tha~ particular issue. ~":'~N~o Smmet explained that having the three firms for negotiated offerings does not preclude the opportunity for the County to go out for competitive bids. In addition, he indicated that the Commission :;t has the opportunity to rev~sw the group members ~very 12 months to ensure that they are doing the very best ~ob. Commissioner 8hanshen ateted that he has no problem with the 3 :. flr~ teen unde~rtting approach but does have a problem with the fact that the third, fourth and fifth firms were almost too close to call. ~e questioned whether there is adequate local presence on the team, noting that a five firm team would be very competitive and would serve ~ ~:"i.' June 25, 1991 .~iat'the pleasure of the Board. He remarked that he had expected that there would be a three to five firm approach. He suggested that the Co~mlsalon approve the three firms as recommended but that a selling team be identified as a part of this group comprised of Alex Brown and Merrill Llmch. .:.:'Jl. Commissioner Saunders disclosed that the bond issue and the pricing and competitiveness of same will be determined by the Financial Advisor and it wall be his responsibility to go into the market on the day of pricing and will advise as to whether it is competitive and tf not, he will recommend that there not be a sale under those terms or conditions. He revealed that the Board can asslet that all firma that have offices An Collier County be given the i::'...opportuntty to sell bonds. lie suggested that the Commission approve ~:~ the recommendation of staff. In answer to Commissioner Shanahan, Mr. Samet replied that.he .likes the idea of a 3 member team with the opportunity to have a 0elllng group of local firms. He disclosed that this is a strong idea which may benefit the County and at the end of 12 months, he will be coming back to the Commission with the results as to how the team worked together and who sold what. Mr. Fred Tarrant, representing the Taxpayers Action Group of Collier County, cited that the team should be expanded and opened up to additional firms as recommended by Commissioner Volpa. Commissioner Hasse concurred that he would like to see the team expanded to at least five firms, ..... ,'C~aemt~lo~er Saund.vr~ moved, seconded by Coeatssloner Ooodntght to acc~the re~'o~endaticrn of the Finance ¢oanttt~ and that the local #11t~ ~ro~lp b~ utilized to the ~reatest extent possible. The motion fatl~ 2/3 (Commissioners Shanahen, Volpe and Hesse opposed). seconded by Co--tsstoner Shanaban and /1 |¢o~atssioner Saunders opposed) to approve a five member involvement b~nking team comprised of Smith Barney, Prudential Securities, #1111amR. Hough, Merrill Lynch and Alex Brown. Page 22 June 25, 1991 AUTHO~IZJiTION FOR STAFF TO PROCNED TO IMPLEMENT A NEGOTIATED PUBLIC ~I~ FO~ A NAT~R AND S~R UTILITY REVENUE BOND ISSUE TO FINANCE CAPITAL IMP~(;VEMENT~ - SMITH BARNEY, SENIOR MGR., PRUDENTIAL S~j~gltXTI~ & WILLIAM R. HOUGH CO-MANAGERS, AND ALEX BROWN AND MERRILL ~ ~ ..DKNTIFX~D AS PART OF THE SELLING TEAM i~, Assistant County Manager McLemore explained that this item relates ..,.' to a water and sewer utility revenue bond issue. He remarked that in conjunction with the team approved by the Board's action in the pre- vtou$ item, there would be one senior manager and four co-managers. He stated that staff is recommending that Smith Barney be the Sentor Manager for this issue. Commissioner Volpe stated that he understood that this issue would not be brought forward until the rate study for water and sewer was ~ted. ¥? MY'. McLemore indicated that it was the Commtsston's intent not to commit to a bond Issue In the final sense until the rate analysis Is completed. He revealed that the authorization requested in this Item 'is to allow staff to set the team and begin the paper work but no final actions will be taken until the Board returns from the summer ,recess. He advised that once the Commission authorizes staff to '<!~egin,"lt wlll take approxAmete~y 90 days before the financing would be accomplished. Commissioner Volpe disclosed that he As not persuaded by the 90 -day:tim® period. County Manager Dorrtll explained that costs are not incurred until such time that the bonds are actually sold. He noted that he concurs that the first bond should not be sold until the Commission buys into and adopts the rate that will pay off the new water plant. He related that looking at the potential shortage of water going Into next spring it Is crucial not to walt and do nothing until the rate increase Is · adopted and then spend 90 days to prepare the necessary paperwork to : take it to a potential sale. County Manager Dotrill announced that unless the total contract 6i Page 23 June 25, 1991 award price is encumbered, a contract may not be executed to commence construction. He reported that failure to have the bond sale ready to '~go to the market but to begin the construction as scheduled, interim financing would need to be incurred through a line of credit or the commercial paper program and every time this is done, additional costs are incurred. He noted that permanent financing should be in place at the time the Commission adopts the final rate increase in August. (k~l~ioner $hanahan~v~d, seconded by Commissioner Hasse and ~XTt~-4/1 (Cmissioner Volpe opposed), to authorize staff, bond c~m~el mz~ the Pinancial Advisor to proceed with work on the proposed fi~xM:ilM~uw~l! u appointing Smith Barney as the Senior Manager and Commissioner Saunders stated that it makes no sense to have five firms'involved In the one deal. He noted that the Co-Managers in this deal would be doing nothing. He suggested that the two top firms be %~/~ · selected to handle the deal. County Manager Dorrill noted that if there are too many chiefs in a deal, more money is spent than is necessary. He reported that the present issue is a $25 million utility issue. Commissioner Saunders asked Mr. Samet the number of co-managers he believes is appropriate for an issue of this size and complexity, to which he replied that his recommendation would be three with a selling group of local firms. Commissioner Saunders questioned whether it would b~. appropriate to take the three top listed firms utilizing Smith Barney as the Senior Manager and the second and third ranked firms acting as Co-Managers and using the remaining firms as part of the selling group. Mr. Samet stated that he has no problem with this suggestion. =1~ 4/1 (C~sst~er Vol~ o~sed), to appoint S~tth Bam~ as ~rs~ ~ il~ Br~ ~t Nerrtll L~ch ldsntlftsd as ~rt of 000 ,o:. 62 Page 24 June 25, 1991 · 88.~t~c~ 12:45 P.M. - Reconvened 1:35 P.M. at which time ~_:~.-D~putFClerk Arri~hi replaced Deputy Clerk Hoffman **' v.:'.O~D~.~O, 91-56, THE COLLIER COUNT~ BUILDING CONSTRUCTION Legal notice having been published in the Naples Daily News on May 2~ and June 1, 1991, as evidenced by Affidavit of Publication filed 'with the Clerk, public hearing was opened to consider the Collier County Building Construction Administrative Code. Plans Review Supervisor Ed Gehring informed that the subject ordi- nance is a comprehensive ordinance which encompasses the administra- tire sections of the five building codes used in Collier County. He advised that three building officials, the Collier County Builders and Contractors Association, and the local architect associations have been involved in putting the ordinance together. He recommended that the ordinance be adopted. ['. :..i .Commissioner Volpe questioned Jf his understanding of Item " 103.6.4.3 regarding noise control was that no construction work would be permitted on Sundays in Collier County? Mr. Gehrtng concurred that this is correct; however, that would not include road work. Gary Hayes, representing the American Subcontractors Associatfon's Local Naples Chapter, stated that they call objection to Section 101.4.4,~ Inspector Quallflcatlons. He stated the concern to be regarding the multiple qualifications of inspectors which would allow an electrical inspector to conduct an air condition inspection as well as a building inspector to do a plumbing inspection. He noted that this would circumvent the state guidelines for the amount of years required for a specific inspector. He questioned how one Individual will be able to stay abreast of the changes that occur in all the dif- ferent :industries and maintain the safety required through the inspec- 'ttons?. '' .In further elaborating on Commissioner Hasse's comments, ;~Development Compliance Supervisor Ed Magutre commented that in 1987-~988 a study was conducted regarding Inspections and how to peu- ..,,. 000. 83 Pa~e 25 June 25, 1991 them In a more efficient manner. He stated that the results of this study Indicated that four inspections could be accomplished in a dependable, efficient, and cost savings manner. He related that one Inspector conducting multiple inspections provides flexibility in the rapid growth that Collier County has found itself in over the past few years, allowing the inspection department to keep pace with the ~demand. He explained that each Inspector is qualified by on the ~ob training in three ~her ~,eld~ un,~e .... :~. -'~-~ ........... ~he lead inspec- tor and further examined with a written test administered by the !?ii~$outhern Building Code Conference fo~ one or two family structures. He'added that these qualified inspectors also have access at all times to the lead inspector who qualified them and the superintendent of lnspections to help them with any questions. He emphasized that the qllsltfied Inspectors will not be put into the field until the superin- tendent of inspections and the lead training inspector have confirmed that the employee can do the required inspections adequately. Mr. Magutre clarified that tf there ts a question regarding the quality of Inspection or an Interpretation of code for a pro3ect, the ~nspector can immediately request that the lead inspector come to the slte for a second optnion. In answer to Commissioner Shanahah, Mr. Maguire explained that all lead inspectors have been previous contractors om in supervisory posi- tions in their particular field for 10 years. He advised that those wo~klng under the lead tnspecto~ need at ]east five yea~s experience .ln' two of the trades but for electrical and plumbing 10 years are required. He argued against Mr. Hayes polnt regardlr, g the Florlda Statutes, by stating it has been indicated through a letter from the Department of Community Affairs that they recognize there Is a discre- pancy between the Florida Statutes and the codes that have been .- accepted, and the law will be rewritten because of the limited scope 'single and duplex family units which Include units of up to 2000 SCl-aare feet. Mr. Magutre asserted that the County does have five cer- tified Inspectors of the type in question, and added that they are Paoe ~6 .',~ :-working out very well with very few problems reported. Mr. Hayes emphasized that contractors and subcontractors are man- ~::dated by the State to malntatn a certain integrity and are not allowed .compromise; therefore, they do not feel the County should be allowed to either. Assistant County Attorney Wefgel responded to Commissioner Volpe's ?,:,. . ,:by relating that the ordinance as proposed is legally suf- ficient. In response to Mr. Hayes' alleged violation of State law, ~,: Co~tmissioner Volpe informed that legally there is a mechanism in place for backup to the certified inspector with a lead inspector who has the 10 ~ears of experience required. John Keschl stated that the County should be required to have a 'quellfled Inspector for each trade for the safety of the community. Mr. ~ehrtng clarified for Commissioner Shanaban that the proposed ordinance addresses only the building codes. He noted that permitting i:..!,...ts addressed through the ordinance; however, abandonment ts a separate iy~':-tssue unless the permitting time has expired. Mr. Gehrtng noted that the fee schedule will continue as It pro- sentl¥ ts until a new one is completed. Coeeet~loner Saunder~ ~ov~, seconded by Comuatesioner Shanahah and c~rrled~man~usl¥, that the public hearing be closed. Co~aAe~Aoner Shanahah moved, seconded b~ Commissioner Saunders and cal-w~gun~nt~u~l¥, that the Ordinance me numbered and titled below be m~ted and entered tnto Ordinance Book No. 44: OI~DINANCE 91-56 AN ORDINANCE ENACTING AND ESTABLISHING A BUILDING CONSTRUCTION ADMINISTRATIVE CODE FOR THE GAS, MECHANICAl., Pr,UMBING, ELECTRICAL, FIRE, SWIMMING POOL AND BUILDING CODES FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA;.PROVIDING FOR CONFLICT AND SEVERABILITY; P~OVIDING FOR AN EFFECTIVE DATE. u~:!..,PH~I"I~,V-91-?, ~ONALD ST~TTL~ REFRHSENTIN~ VAUGHN ~ HEIDI CLAY, ~~ A ~.~ ~ V~I~ ~ ~ REQUIRED 5.3 FOOT SIDE Y~D S~.~ 2.~ ~ ~R ~0~ LOCA~D AT 869 106~ A~ NOR~, ~ ~IB~ ~ LOT 10, REPLAT OF BLO~S 4 A~ 5, NAPLES PARK, ~T._.~, Z - D~KD Legal notlce havlng been published in the Naples Dally News on June 9, 1991, as evldenced by Affldav~t of Publication ffled with the Page 27 June 25, 1991 Clerk, public hearing was opened to consider Peri:ton V-91-7 filed by Ronald Startler representing Vaughn and Hefdt Clay, requesting a 1 foot, 11 Inch variance from the required 5 foot side yard setback to 3 feet, 1 Inch, in a RMF-6 Zone, for property located at ~69 ~06th Avenue North, further described as Lot 10, replat of blocks 4 and 6, ~!,...Neplee: Perk, Unit No. 1. -Planner Young etated that the petitioners are requesting a variance of 2.2 feet to the required 5.3 foot setback. He pointed out that the petition is after-the-fact. He explained that the subject encroachment Is an attached screened In porch on the side of the house. lie pointed out that on the owner builder buildlng permit issued to the petitioner, the required setbacks were Indicated; however, the unltcensed contractor the petitioner hired to do the work did not correctly follow the setback requirements indicated. Regarding Commissioner Hasse's comment, Mr. Young reported that the! Issue of the unlicensed contractor was :timed over to compliance services. Mr. Young explained that the CCPC recommended approval of the variance for the following reasons: 1. the adjoining lot to the encT0echment is currently vacant; and 2. there are already so many encroachment problems in Naples Park so one more makes no difference. Re advised that Planning Servlces recommended denial of the petition to the O0PC and continues to recommend dental of this petition. He pointed out that it is the responsibility of the pevmtt holder to en~ure that the requirements of the permit are met including the set- Mr. Young related that there was a misreading of the survey as to how wide the lot is; however, even with the misreading taken Into consideration there ts'stl]l a violation of 3.6 Inches. He added staff Is concerned that wtth the approval of this pert:Ion a prece- 'dance will be set which would indicate that by applying for an after- the-fact variance, all requirements of the building permit can be ~t~nored. · ' -'(' Mr. Young concurred with Commissioner Volpe in that if the sup- Page 28 June 25, 1991 ports for the screening w~re moved 2.2 feet back then there would be no violation because the concrete pad is not the structure. He empha- ii[~lzed-that the screening and supports are in violation not the roof overhang. ~:,. '. Ron $tettler, representing the petitioner, informed that shortly ii~".'after the petitioner bought the home in Naples Park in 1987 they constructed an S x 30 foot patio which was properly permitted. He explained that before the petitioner enclosed the patio, they went to i<.the~Count¥ and talked with Ms. Alvafez who told them that th.y were within the setback limits and that after someone checked the property the permit would be issued which it was. He pointed out that this is not a unique request for the Naples Park community and presented plc- tufas of this area to verify his statement. He noted that in regards '~. ~ - to fire safety the lot in question is accessible on three sides by a vehicle. He called attention to the Planning Commissions' findings to approve the petition in light of the fact that there is no fire safety ~:,i.,. hazard, there was a error on the part of County staff, and this : .:. request Is not unique for the community. He added that there are three letters of no objection in the file from neighbors. He concluded that the petitioner relied on the representation by the County which indicated that they were within the setback limits, therefore, the variance should be granted. The following persons spoke in opposition to the requested peti- tion: Lucy Veccta, Naples Park resident Anthony J. Maiale, Naples Park resident Vera Fitz-Gerald, Naples Park resident Redmond Jones, Naples Park resident The following reasons were expressed for denial of said petition: 'There is a concern regarding a fire hazard with the allowable setback '~?~./'"' and to grant lesser setback requirements would create more of a iI hazard by placing the roof tops closer together; a request to : reinstate the original setback limits of 7.5 feet is submitted; the i;~:: ,fire chief has indicated that with the smaller setbacks there is no Page 29 /(~.~. : ,.j $une 25, 1991 access to the side or back of the houses because a fire truck cannot dr~ve between the houses; the quality of standards for the community ~%. /is lowered by placing homes too close together and lowers the property value; it is felt that the error made of two feet is something very obvious which should have been noticed by the petitioner, however, they chose to ignore it and applied for a variance after-the-fact; concern that today's variances are tomorrow's problems; it is resented that the Planning Commission would make a statement to go ahead and grant the vatlance because Naples Park is a mess anyway. In response to Commissioner Hasse, Mr Young indicated that the permit was issued In February, 2990. Heidi Clay, the petitioner, emphasized that the enclosure viola- :rich was not done intentionally. Mr. Young responded to Commissioner Volpe by stating that during the spot survey was when the violation was noted, and added that in order to receive a certificate of occupancy either the structure must comply or a variance must be granted for the infraction. He reiterated that although there is the discrepancy of what the County told the petitioner, a variance would still have been required. Assistant County Attorney Weigel disclosed that the County ~;i. Commlsstoners are not obligated to grant a variance on the issue of substantial reliance. · :t:':.~-~?(~mm~~'Saux~ier~ ~ved, aeconded by Co~sstoner Shanahah ~d ~C3.~'~t~ ~IF, that the ~bl~c hearing ~ closed. ~ In response to a d~scuss~on regarding the error made by the County ]%~;~ staff worker, Ms. Alvafez, Mr. Young reported that she indicated in [~.~ ~ ~ting what the setbacks should be on the permit and what she may ~[ :have said is not kno~. ~~ S~ ~, seconded ~ Co~ss~one~ Vol~ ~d ~~ ~~1~, to de~ Petition V-91-7. ~~ ~. 91-5T ~ING O~IN~ 83-~6 ~ COLLI~ CO~ BO~ OF ~ ~ ~S - A~D ~ CHANGES June 25, 1991 ¥'i/... Legal notice having been published in the Naples Daily News on May 25 and June 1, I991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Collier County Ordinance No. 83-16, Collier County Board of Adjustment and Appeals. i. Plans Review Supervisor Gehrtng stated that not Included in the .Exec~ltive Summary is the information that the fees will be increased from $150 to $250, however, it is reflected ]n the proposed ordinance. ' He clarified that on page one of the proposed ordinance there should have been an indication that the words, "Building Code Compliance Director or the Public Safety Administrator," were to be struck through and this will be corrected in the ordinance. $hmnahan moved, seconded by Co~miasioner Saunders and that the public hearing be closed. Shanahan ..~ved, seconded by Com~isstonar Saunders and that the Ordinance as numbered and titled below, · ubJect to the revision, be adopted and entered into Ordinance Book No. 44: · 0RDINANCK 92-57 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 83-16, COLLIER COUNTY BOARD OF ADJUSTMENT AND APPEALS, AMENDING SECTION ONE ENTITLED PURPOSE; AMENDING SECTION TWO ENTITLED DEFINITIONS; AMENDING SECTION THREE ENTITLED APPEALS; PROVIDING FOR CONFLICT ~![ AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ~'' O~D~ NO. 92-58; 91-59; 91-60; 91-6I; 91-62; THg ~988 STANDARD BUILDS, FLUMBI!~, M~CHANICAL, AND GAS CODE WITH THE 1989, 1990 · ~ON~, AND TNE 1990 EDITION OF THE NATIONAL ELECTRIC CODE, Legal notice having been published in the Nap]es Daily News on May 25, and June 1, 1991, as evidenced by Affidavit of Publication filed ,~:~wlth,the Clerk, public hearing was opened to consider ordinances of 2988 Standard Building, Plumbing, Mechanical, and Gas Code with the 1989, 1990 Revisions, and the 1990 Edition of the National ..:.Electric Code. Plans Review Supervisor Gehrtng explained that the proposed ordf- Page 31 ~A£I'II~V~2A~S ONV ~Di'I~NOD ~O& ~NIQIAO~d :LL-6B '0~ ~VNIV~G 0£ ~NI£V~ ~'LI~ ~NIGN~V ~OI£V~SININGV 0£ SV '~ GNV '£'I'O'G'O'~ S2XIGN2~aV 9NIGO~ONI 'SNOISIA~ 066] GNV 686t H~IM '.NOI~IG~ 886r '2GO00NISl,~fl~ G~VGNV£S,. ~H~ ~NI£~OQV 6g-~6 :~O~MIClIIO I66[ '~ aun£ -oad ~o asodand aq% ao; 'eATa~ afDe~ pIe~ se tu4ou~ ~ou 'anuaAv ~os~oe£ s~ pa~eId Ae~-~o-~q~T~ p~oa ~oo; A~x¥s e ~o UOT~eOea ~UT~Sauba~ 'uo[aeaodaoo 5utpue~ ssaadlo ao~ %ua6e se 'aopeuaeA aDaoaD Aauao%%v Aq paIT~ g00-I6-AV uol~T~ad ~aPTsuoo o~ pauado se~ 5uTaeaq o~Iq~d '~aalO ~9-T6 ~0~ ONIGIAO~d :A£IqlBV~RA~S GNY £DI~&NOD ~O& DNIGIAO~ 'ON ~DNVNI~O DNI~V3~ :S~I~ ~0 NOI~Yq~W~SNI ~T'60S NOI~D~S A8 O2ON~NV ~H£~a~ SV ''DNI '~NOI&~N~&NI SS~DNOD ~QOO DNIO~I~ ONV 686I H£IM ',,NOI£IO~ 886T '~OOO SWO Q~ONY~S# ~H~ A8 .3GOD DNIG']ID~ A&NDOD ~I~qOO. ~H& DNI~N~MV 3DNVNI~O N~ Z9-;6 '~iYG 3Ai~O~ NV ~0~ ONIOIAO~ tA&I5ISY~A~S QNY &Ol~&~OO ~0~ O& DNI&V~ '9'g09 NOI~D~S~BS DNIOQV A8 Z09 NOI&D~$ DHIGN~V ~3~HVIID NllN~'ld 0& DNI&V~2~ g'60g NOI~D~S~BS DNIOO~ i~ 60g NOI£DHS ONION3HV :&oho ~'IBIX3q~ O& DNI~V'I~ I'gOg NOI&O~S DNI~N~HV A9 ,,3GOD DNIQ~IflB AJ.N~OO ~I~OJ# ~H~ DNION3~I~ ~DNYNIG~O N~ 09-T6 Z66T 'g& aun£ :.,,/,:: June 25, 1991 In response to Commissioner Hasse, Mr. Archibald stated that the proposed vacation only Impacts the Factory Bay project which will allow them to provide parking accordingly. George L. Varnadoe, representing Cypress Landing Corporation, pre- sented for the record the appralsal and letters of support from the '. Marco Island Taxpayers' Association, Marco Island Civic Association, ~tanley F. Harms, Jr. He Indicated on a display map the property '.' in question. .,Maurice Metcalf, President of the Marco Island Civic Association, voiced his strong support for the adoption of this resolution as well as the support from the Marco Island Civic Association. He commented that the Civic Association recommends that the vacated space be maxi- mized for parking and minimized for landscaping. Joseph Torres, attorney of record for O'Sheas' Restaurant, expressed his concern regarding the request that the vacated /and is ~i!i'-" maximized for parking and minimized for landscaping. He pointed out that the Factory Bay pro~ect Is In litigation presently regarding an Issue of parking; therefore, he suggested that the Board of County Commissioners table a decision on this petition until after the liti- gation is resolved in the courts, or If the decision is to adopt the resolution, all the landscaping that the County ordinance allows for ;~ should be provided. iii~.:In regards to Commissioner Hasse's concern, Mr. Archibald advised that staff found that the proposed vacation would not effect highway · safety. He added that the petitioner did provide a preliminary site planefor this site which did Include a landscape buffer. He suggested that a stipulation be added which would Include a site development planrequirement to maintain the buffer consistent with its surround- tngs ~ ~.~ Mr, Varnadoe noted that the petitioner intends to stay wtthln the requirements of the C-5 zoning. He remarked that this petition will have no Impact on the current litigation mentioned, but the granting of this petition will allow more parking for the public's interest. Page 35 June 25, 1991 He confirmed that the petitioner has agreed to pay the appraisal fee iof approximately $30,000 to the County as well as pay for the :. '. ~C0~Lintoner Saunders ~oved, seconded by Commissioner Shanaban and '.":CaZT~-:~~ly, that the public hearing be closed. Co~l/~toner Saunders ~rved, seconded by Coralsstoner Volpe and caaTt~lun~ni!lou~ly, that Petitlon AV-91-005 be approved, subject to all ~clpulation~ tncludlng the added stipulation maintaining the .l~qla~-ed-b~ff~T~n~, thereby adopting Resolution No. 91-480. June 25, 1991 3:40 P.M. - Reconv~ned 3:50 P.M. at which time DelmWClerk Ferris replaced Deputy Clerk Arrtght o,e Ira ~9G1 AGI~TNITH DAVID M. GRIFFITH AND ASSOCIATES, LTD. FOR PROFESSIONAL $ENV~CE~ TO PROVIDE A STORMWATER UTILITY SYSTEM RATE STUDY FOR COLLIER COUp. - AFPR~ FOR FIXED FEE AMOUNT OF $218~586 ,, Water Management Director Boldt Introduced Peter Coble, Storm Water Utiltty Manager, and Robert Sheets, Vice President of Davld M. Griffith & Associates, Ltd. ,!;~-.. ~ Mr. Boldt summarized the events transpiring since the Board of County Commissioners authorized negotiations to commence with David M. Griffith & Associates, Ltd. He explained that, upon adoption of the service charge rates which are anticipated in the summer and fall, a Phase II agreement will be prepared for the development of a master count file and distribution of the first stormwater utility service charge billing. He explained that the cost of the agreement at Issue today Is a fixed fee amount of $218,586, which Is presently budgeted in Fund 110. In answer to Commissioner Shanahen questioning the length of time the study will take, Mr. Boldt replied that will depend on how complex the Board of County Commissioners requires the study to be. He " explained there is an upcoming series of workshops on some of the ~ basic policy decisions needing to be made, decisions whtch will greatly affect the rate study. He predicted that the Phase I rate study will be completed around the first of the year, with master · count file development commencing in the spring, and bills possibly being mailed as early as spring or as late as fall. Commissioner Volpe questioned whether the fact that the City of /~'9' - Naples has put their stormwater utility on hold has any Impact upon 5:' ~any Interlocal agreement or anything Collier County is attempting to :., do in cooperation with them, to which Mr. Boldt answered in the nega- ~.::;' ttve. He added that the rate study'is completely separate from the unincorporated areas of the County. Commissioner Shanahah acknowledged that the Board of County 80 Page 37 ~:'? ~.. Suns 25, 1991 Commissioners is committed to the stormwater utility and that rates must be established. He expressed the hope that this can be done expeditiously with goals and objectives being set as to when the program is planned to be implemented. In answer to Commissioner Hasse, Mr. Boldt reported having several meetings with the City of Naples regarding mutual problems along the Gordon River. He stated the City of Naples is willing to cooperate. He expressed the need to address the specifics of what Is involved In each of the Jurisdictions and what the responsibilities are in order to complete the agreement for Board approval. In reply to Commissioner Volpe, Mr. Boldt stated that the rate study is a separate issue with detailed basin studies being ongoing and the point at which It relates to the City of Naples. Robert Sheets, Project Manager, proffered the credentials of David M. Griffith & Associates, Ltd. He expounded that his firm has prepared a specific calendar that is contingent on several circumstan- ces,.ione of which is a July 22nd start date. He added that there are predefined dates and time frames for spsctftc deltverables. He explained the rate structure to employ and the collection methodology preferred are among the issues needing the guidance of the Board of County Commissioners. He stated that there are some very stringent time frames which must be adhered to in order to meet notice require- mantle'and Issuances of first class notices if the non ad valorem assessment methodology is used. Mr. Boldt confirmed for Commissioner Volpe that the funds for the contract in question have already been allocated. In response to Commissioner Volpe, Mr. Boldt stated that we could expect to commence collection as early as next spring or as late as i;?.~..the.fall of 1992. r'::~ .~-~loner Shanahanmov~d, macondad by Commissioner Hasme and =~ed.~an~ou~l¥, to mlrprove the agreement with David M. Griffith Ltd., for a ftxmd fee amount of $218,586.00. Page 38 June 25, 1991 I~OLUTIO~ 91-481 RE PETITION AV 91-008, C. PERRY PEEPLES REQUESTING TO V&C&T~ A PORTION OF DRAINAGE/UTILITY EASEMENT LOCATED ON A PORTION OF T~ PLAT OF THE LODGINGS AT WYNDEMERE, SECTION OI~, DUE TO Legal notice having been published in the Naples Daily News on June 9, 1991 and June 16, 1991, as evidenced'by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider Petition AV 91-008, filed by C. Perry Peeples, Esquire, Agent for Owner, 93313 Ontario, Inc., requesting vacation of a portion of the fifteen foot (1§'} drainage/utility easement located on a portion Of the plat of the Lodgings at Wyndemere, Sect]on One, due to the encroachment of a screened enclosure and wood deck into said easement. Transportation Services Administrator Archibald summarized the circumstances of the Petition, including Identifying the location of the subject property. He explained that the easiest solution Is to vacate 3~' of an existing 15' easement, leaving approximately 11~' for the continued use for either utilities or drainage. He reported that letters of no objection have been received from utilities and appropriate associations. He related staff's recommendation of appro- val of Petition AV 91-008. ~.~', ~. '.; ?In reply to Commleslone~ Volpe, Assistant County Attorney Wetgel confirmed that the original Resolution included in the Ordinance has been approved. seconded by Co--tsstoner Hasse and ~ml-rt~mmlmo~sl¥, to close the Imbllc hearing. · ..Co~sdesion~r ~nanmhan ~oved, seconded by Co~Issioner Saunders ~.' :. ~md.~m-rtsd mumtmo~sl¥, to approv~ Petition AV 91-008, thereby Page 39 June 25, 1991 OHD~ 0~-63 AJrD ~ ~ RK UR~,ATION ~ ~:TIqDING FOR ~ ~mR~,TZ'R PtmPI~ S'YFr~4 M. $. ?. O. - ADOP'rgD Legal notice having been published in the Naples Daily News on June 6, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider creation and funding of the Hawksridge Stormwater Pumptng System H.S.T.U. Water Management Director Boldt reported that the developer is presently in the process of constructing the stormwater pumping system at his own cost and, upon completion, intends to turn the system over to Collier County. He stated there is a ttmlng problem as the reve- nues will not be available until FY 92/93 whfle the cost of the opera- tton for maintaining the pumping station for the remainder of the current FY 91/92 is estimated at $2,600 and all next year is estimated · at $5,500, for a total of $8,100. He explained that the developer ls required at this time to deposit funds In the amount of $8,100 as a condition for creation of the H,S.T.U. and prior to Issuance of any Certificates of Occupancy. He stated that the developer was present earlier but had to leave due to another appointment. He confirmed the developer's agreement that the $8,100 will be contributed no later than September 30, 1991. He reported that Assistant County Attorney Wetgel is comfortable with adding the stipulation determining a fixed date. He explained that the accompanying Budget Amendment reflects the initial funding of Fund 154 by the developer contribution of $8,100 to be made by September 30, 1991. He expounded that presently there is only one property involved in the M.S.T.U., said property being under the o~mershtp of Peninsula Improvement Corporation, which As actively involved In the construction of Hawksridge. He added that, as the project is built out, there will be property owners buying In and they will be notified in their purchase agreements that there Is an M.S.T.U. formed and they will be responsible for ongoing perpetual maintenance of the pumping station. He added that a pro- posed budget will be presented to the Board of County Commissioners Page 40 June 2§, 199! ~ annually for the operation and maintenance of the system. He stated '.. that presently it is planned for two pumps to be installed which have ~'_[: the capability of acting independently. In response to Commissioner Volpe, Mr. Boldt confirmed that there ~: is a similar pumping station for Victoria Park maintained by an (~: M.$.T.U. for Unit One which is identified as Fund 134. !i,: "(]~luloner $hanahan~oved, seconded by Commissioner Hasme and ':Co-~/s~toner Shanahan~e~, seconded by Commissioner Hesse, to ~.:. approv~ Tundtng for creating the Hawksridge Stor~eater Pumping M.S.ToU. · Commissioner Volpe pointed out'that the developer Is in agreement with the stipulation that payment of the $8,100 is due prior to September 30, 1991. ..,Cc~m/aatoner Shanahen amended the motion, seconded by Couleeloner Hesse, to reflect that payment of the $8,100 is due fro, ~1~= prior to S~t~r 30, 1991. call f~ the ~estton, the ~otton carried ~ ~tdp Stomter ~tn9 System M.S.T.U. ~ the accowtn~ ~d~t ~ent, there~ adopttn~ the u ~~ a tttl~ ~1~ ~d entered into Ordtmce ORDINANCE 91-63 AN ORDINANCE CREATING THE HAWKSRIDGE f;TORMWATER P[IMPING SYSTEM MUNICIPAL SERVICE TAXING UNIT; PROVIDING AUTHORITY; PROVIDING PURPOSE; DEFINING ITS BOUNDARIES; PROVIDING FOR ITS GOVERNING BOARD, POWERS AND DUTIES; PROVIDING ANNHAL ESTIMATES OF EXPENSES; TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION; CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. ... It~ ~¢11 ~j.i:.- BIII)~HT'~ IV~SOLUTION 91-23 THROUGH 91-27 AP~OVING ~~ ~ ~ ~C~ ~R 1990-91 ~D B~ - A~ED Legal notice having been published tn the Naples Daily News on June 19, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider amendments to fiscal yea~ Page 41 ' ?" June 25, 1991 1990-91 adopted budget. Finance Director ¥onkosky related that this item is an advertised public hearing process which is statutortly required tn order to amend ~j, the budget. He reported that this is a compilation of all the budget :i, amendments approved by the Board of County Commissioners during the last quarter, thereby Increasing the budget In total. CollLtselonl~ $~andere ~ved, seconded by Co~umtsstoner Shanahen ~ o~x~l~ ~i~ou~ly, to close the ~blic hearing. '~~l~lr S~derl ~d, seconded ~ Co~tsaioner Sh~ ~ ..... ~~l~~i~lly, to adopt ~dget ~n~ent Resolution 91-23 Page 42 Itn #6C12 RESOLUTION 91-482 P,~ PETITION CCSL-91-1, BRETT D. MOORE, P.E. OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING DR. AND MRS. STEPHEN THOMi:~ON, RXQU~STING A COASTAL CONSTRUCTION SETBACK LINE VARIANU~ FOR THE CONSTRUCTION OF A SWIMMING POOL, SPA AND PUBLIC DUNE W;tr. wOVER STRUCTURE, FENCING AND NATIVE LANDSCAPING ON T1TE BACKDUNE LOT 40, BLOCK A, RE-PLAT OF UNIT NO. 1, CONIFERS VANDERBILT BEACH ESTATE~ - ADOFTED Legal notice having been published in the Naples Daily News on $une' 9, 1991, as evidenced by Affidavit of Publtcat~on filed with the Clerk, public hearing was opened to consider Petition CCSL-gl-1, filed by Brett D. Moore of Coastal Engineering Consultants, Inc., for Dr. and Mrs. Stephen Thompson, requesting a coastal construction setback line variance for the construction of the above-mentioned improvements at the hereinabove identified location. Environmental Specialist Polen summarized the request of the Petitioner and identified the location of the sub3ect property. She explained that the proposed swimming pool, spa, and screened enclosure will extend approximately 23' seaward of the adopted CCSL line; that the proposed fence wtll extend ,pproxlm~]t,]y 47' r, eaward of adopted CCSL line; and the proposed dune walkover structure with enhancement of the dune system wJll extend app~oxJ~nate]¥ R8' from the CCSL line. She reported that the dune walkover structure w~11 be available to the public as it l~es within one of the four easements for public beach access as platted in Unit No. ! of Connets Vanderbilt Beach Estates. She relayed the three main considerations are con- telned in staff's Executive Summary dated June 25, 1991. She explained that staff recommends approval of Petition CCSL-91-1 subject to the stipulations also listed Jn the Executive Summary. Brett D. Moore, utilizing an aerial photograph tak,n approxima- tely 90 days ago, identified the location of the sub3ect property as well as the proposed ~mpFovements. ~e explained that, from working with the DNR staff, the proposed pool will me.t th, lr current In reply to Commissioner Volpe, Mr. Moore stated that the dedi- i~/~.~ cared public access is contained on the survey submitted to staff In answer to Commissioner Hesse, Ms. Polen stated there are three Page 43 "'~' i' June 25, 1991 out of the four signs that are posted. She s~]ggest~d that Collier ~'i,~. County might want to maintain the beach accesses as there is currently ~:'J;:.:~veget&tlon growing on them that Ja not desirable to walk on. She ' etated that the fourth access is between two condominiums which have no trespassing signs closely r~lated to the access Mr. Moore confirmed for Commissioner Volpe that it is the respon- sibility of the property owner to construct the dune walkover adding that, although no agreement has been worked out with Parks and :,' Recreation regarding maintaining same, he believes that the Thompeons are planning on maintaining the walkover. Commissioner Volpe suggested that a stipulation addressing the .: responsibility of the Petition to maintain the dune walkover on the i, public access easement which ie located on the Petitioner's property should be included. Pat Ptlcher stated that those living in the area are eager to ~C ' have Dr. Thompson build in the area and feel he will be an asset to .~f the community. She reported there are those who currently abuse the sea oats. She explained that there are catamarans present, one in ~. particular which has been present for months, ruining the sea oats. She disagreed that there is a need to improve the beach access walk- way. She indicated it is used all the time without problem. She reported that there is a sign Identifying the beach access as well as a large bike rack. ~{es~oner S~zndsrs ~d, seconded by Co~missioner Shanahah ~ ~i~ ~i~l~, to close the ~blic hearing. ~~{~er S~ders ~d, seconded ~ Coatssigner Hasse ~d ~{~ ~2~1~, to m~r~ ~tition CCSL-91-2 ~b]ect to the pro- ~'~2~2mti~ 12st~ ~ the a~eement sheet as ~1~ as the stt~- {~ti~'~t ~tit2~er shall ~intain the ~ach access t~ ~t~ Resolution 92-482. Page 44 June 25, 1991 ]I~SC~UTZOI[ 91-48~ R~ t~Z~IOR ~-92-9, 30S~P~ 3. ~0, R~Q~S~IRG A ~Z~,T~ V~~ IN R~-2 ZO~ DIS~I~ ~R ~0~ L~A~D AT 1345~ ~ ~E ~ ~ QUAIL ~E~ - ~~ Legal notice having been published In the Naples Daily News on J~e 9, 1991, as evidenced by Affidavit of ~bltcatton filed wtth the Clerk, ~bltc hearing was opened to consider Petition V-91-9, filed by Joseph J. Eveleno, retesting a 4' variance from the required 20' side yard setback in the RSF-2 zoning dlstrtct to 16' for property located at 13456 Pond Apple Drive West, Lot 3, Block M, Quail Creek Unit 4, tn Section 17, Township 48 South, Range ~6 East, Collier County. Planner Bob Mulhere reported that this is an after-the-fact varlanc~ r~quest to allow fo~ a clear and unencumbered title to the ~bJect property. He stated that on June 6, 1987, a Building Permit for this single family structure with screen enclosure was applied for, but the submitted plan did not indicate encroachment by the enclosure nor did the re~tred 21 day spot survey show the screened ericloire. He confirmed receipt of letters of support, including one from the Quail Creek Property ~ers Association, one from the con- ti~ous property o~er directly to the north, and one from Donald Stone, purchaser of this property. He relayed staff's opinion that the encroachment Is due to an error by the contractor, but added that the Petitioner has failed to demonstrate sufficient hardship to ~usttfy the granting of this variance. He acknowledged that the CCPC concurred with staf['s recommendation for denial. Commissioner Volpe stated he Is hard pressed to find any distinc- tion between this situation and the one in Naples Park. Joseph J. gveleno stated he was unaware of any encumbrances at the tlm~ he built his house. He said he was informed by his netghbor that there was a problem. ~:.Nr. ~lhere reconstructed the history of the permit issued for the single family structure, lanai, and pool. He reported, however, that the spot survey failed to show the lanai and pool and, there- fore, no encroachment was n6ttced until the home was sold and a survey 000 P, .129 Page 45 performed. June 25, 1991 Commissioner Volpe reiterated that the CCPC recommended denial a vote of 5/2. He added that in the instant case it appears someone ~made a mistake. 'Mr. Eveleno stated he does not feel it is Justified for him to pay for a mistake that someone else made. He commented that he paid the builder in good faith for deliverinG a product. Cmissi~er Sanders mo~d, seconded by Co~isstoner Sh~ ~d c~ ~i~ly, ~o close the ~blic hearing. -Cm~ssioner Sanders moved, seconded by Co~tssioner Goodnight, Co~tsstoner Shanahah expressed ht~ belief that there ference in this situation versus the previous Petition and pointed out the neighbors are in support of this Petition. ~O~on call for the question, the motion carried 4/1 (Commissioner Volp~ opl~sed), thereby adopting Resolution 91-483. Page 46 June 25, 1991 ORDINAR~E NO. 90-24 - PRESENTED &ND ACCEPTED WIT}{ CHANGF~ Community Development Services Administrator Brutt read the Executive Summary dated $une 25, 1991. He reported that Stan ..'Litsinger is the author of the report In question with assistance of all the county divisions. :Growth Management Director Litsinger reltereated the three spe- cifics being recommended: acceptance of the report as the FY91AUIR; that the Board of County Commissioners present a separate motion and vote on each facility type as to the recommendations and revenues indicated; that, after analysis and review, the Board of County Commissioners find that staff has made decisions that will result in adequate category A public facilities for the support of the develop- ment order Issuance until next year's AUIR in FY92. He referred to report page 4, Identifying it as a summary of all the projects iden- tified in this report as well as existing revenue sources based on past actions by the Board of County Commissioners through the previous !/~Ji~i':;" CIE and identified revenue sources available today. Commissioner Volpe questioned whether staff assumed any increase in impact fees based upon the study being done by the consultants, to which Mr. Litsinger replied an approximate 80~ increase over the current impact fees in FY91/92 and a conservative rate of growth of approximately 3~ in collections is being assumed in the roads portion analysis. -In response to Commissioner Volpe regarding the 1 Mill Capital Fund, Mr. Litsinger confirmed that th~ amount reflects the portion of the Fund that, based on prior actions by the Board of County Commissioners in the previous CIE or through the natural identified funding mechanism for particular pro~ects, is the portion needed to fund the projects in this plan. In answer to Commissioner Volpe, Mr. Litsinger verified that over the next five years the I Mill Fund will probably generate conset- Page 47 June 25, 1991 about eighty million dollars, eighteen million dollars, or 25~, of which will be allocated to tiE. .Commissioner Volpe questioned whether allocating 25~ now automa- tically frees up 755 of the non-Clg element that the Board of County Commissioners has not looked up. County Manager Dotrill verified that staff has been asked to look at a five year non-tiE capital Improvement program, and that the rele- vant workshop is scheduled for this coming Friday morning. In response to Commissioner Volpe,; County Manager Dotrill questioned what is involved with reserving the right to change the allocation amounts for that appropriation. Mr. Litsinger answered that areas where reconstderation of allo- cation of 1 Mill Fund to the ¢Ig can be Indicated. He added that the third ¢iE updated Amendment will be prepared based on the Board of County Commissionerst decision after reviewing this report. Commissioner Volpe commented that the last time an update of the CIE element of the Growth Management Plan took place the optional 1¢ infrastructure sales tax was left In. He reiterated that he voted against It at that time, yet when the update was done after the November election it was In there. He stated he wants to make sure that realistic funding sources are in place as part of the package. Commissioner Goodnight referred to page 47, Category B facili- ties, stating that durtng the budget process the Board of County Commissioners will be presented ways to get rid of the deficit In the five year plan during this fiscal year. She suggested it might take spending $80,000 to put someone In for the pretrial release programs. She stated that Collier County has a partlal pretrial release program presently but a full pretrial release program is lacking. Mr. Litsinger interjected that when arriving at the Jail portion of the report, part of the recommendations include review of where we are versus what we currently have in the CIE versus the report from the consultant group and some of the other things ~ust mentioned going forward. Page 48 June 25, 1991 Co~alesioner Goodnight verified that counties which have been aggressive in the pretrial release program which in turn has been suc- cessful in saving money as far as Jail space, etc. suggest that Collier County might need to look at a full pretrtal release program. Mr. Litsinger stated that can be part of the recommendation of the Board of County Commissioners as part of the process. In response to Commissioner Volpe, Mr. Litsinger verified that a county-wide road improvement assessment district has been identified as an existing revenue source. He stated that is the adopted policy ,as · revenue funding mechanism and, lacking the 7¢ sales tax for the roads deficit, that is what staff has to start with. In answer to Commissioner Volpe regarding whether the storm water utility fees assessment is an existing revenue source, Mr. Litsinger stated that the assessment portion of that is a proposal on the part of staff to not only allocate the portion of those projects to which you can attribute a direct benefit to certain properties, but also to reduce the Ampact of the utility rate. In reply to Commissioner Volpe, Mr. Litsinger confirmed that the storm water utility fees assessment Is existing as far as being available to the Board of County Commissioners legally and not being required to receive a voter referendum in order to apply It and have a financially feasible CIE. He reiterated that staff is merely pointing · It out as an alternative which can be addressed. Commissioner Volpe remarked that while It states existing revenue sources, some are, in fact, proposed. Mr. Litsinger agreed that it should say existing and proposed revenue sources. Commissioner Volpe reiterated staff's conclusion that there is one of two alternatives, one of which is that additional money needs to be raised and the alternative is to readdress the Growth Management Plan and ClE el.ment, revising It to rsfl.ct mor~ realistic obtainable goals. .Referring to page 6 of the report, he remarked that the infor- 00o , 137 Page 49 June 25, 1991 marion was compiled based on the existing conditions report provided by Mr. Perry and Mr. Archibald. He alluded to the foldout which is a .~>.... snapshot of the entire arterial and collector roads network as far as levels of service, existing deficiencies, potential deficiencies, required improvements and time frames for improvements In order to maintain concurrency and commitments, and the costs of these projects measured against the revenues found to be available. He ldentlfied attachment "C" which is the Collier County Ten Year Road Program bro- ken Into the two five year periods, stating it is from this attachment that staff has made its recommendations. ee De~ut~Clerk ~uevin replaced Deputy Clerk Farrim at this time Mr. Litsinger requested the Board affirm or give alternative direction for the County-wide road Improvement assessment district as the deficit funding source to maintain the financial feasibility of the FY 92-96 CIE as required by Rule 9J-5 of the Florida Administrative Code. Commissioner Volpe commented bonding of gas tax revenues has been discussed during Strategic Planning sessions, but is not mentioned In this report. County Manager Dotrill stated all available gas tax revenues have been pledged in support of the $13 million Interim financing plan, and there are no other current funds available beyond those that are :.:~alresd¥ committed. He advised when the $13-mllllon la paid off, the annual $2 million unobltgated gas tax revenues could be applied toward permanent bonds. In response to Commissioner Volpe, Transportation Services Administrator Archibald stated the projects that will be subject to payback from the State have been identified in the packet provided to the Board. He said those projections are based upon FDOT's current five and six year schedule of activities. He noted the basic concern is in order to meet the County's window to complete certain projects, the County must fortify the State's program with County dollars. He added even with some funds being p&ld back, the County will sttll be Page 50 ~:' ": ' ' ~ : Suns 25, 1991 expanding $15.7 million. Commissioner Shanahah asserted the shortfall of $61 mtlllon for County roads and $16 million for State roads will be funded by the County-wide road improvement assessment district, to which Mr. Litsinger agreed. Commissioner Volpe questioned when the extension of Livingston Road from Golden Gate Parkway to Pine Ridge Road will be completed? Mr. Archibald replied both segments of Livingston Road are included in the five-year program. He said those are considered parallel roadways that will take some of the capacity off Airport Road. He explained that some Intersections, I.e., Pine Ridge and Airport Roads, will have a capactty problem which will bring down service levels. He said an alternative to addressing that need is to have an alternate or parallel corridor to divert traffic to keep service levels acceptable. Commissioner Volpe fnquired what impact will that have with respect to the grade separation at Airport Road and Golden Gate Parkway? Mr. Archibald responded it moves that project beyond the five-year timeframe, which keeps the County in compliance from a road -',management standpoint. Commissioner Volpe asked what commitments have been made by the Grey Oaks DRI for Improving that Intersection? Mr. Archibald stated that development has made contributions In the form of $5 million In right-of-way. He said they are providing off-site improvements that will allow the County to proceed quickly with the stx-laning of Airport Road. Commissioner Volpe questioned if in Staff's opinion, there are no other alternatives to increasing impact fees and the County-wide spa- cial assessment district? Mr. Litsinger advised at this point in time, these are the only realistic alternatives available to the Board under the guidelines set out to measure financial feasibility. Conmisstoner Volpe commented that adjustments can be made to the levels of service on County roads. Mr. Litsinger agreed, however, that will entail amendments to the Growth Management Plan to take out 000., . i39 Page 51 June 25, 1991 some of the projects. I~e also mentioned the Board needs to take Into :': i'.' ~:.:~ consideration that Development Orders have been issued for the past 15 months that are dependent on the availability and timing of many of these projects. Commissioner Shanahan communicated that DCA and FDOT are studying level of service elements, both local and State-wide, as to how con- currency can be better approached w~th a differen~ set of standards. .% ' He said that may alleviate some of these problems. ~iss~ ~ ~d, seconded ~ Co~issioner H~se, ~d ~A~ 4/1 (C~issA~er S~ders op~sed), to direct Btaff to ~1~ ~ p~Je~s a~ing on the "Collier C~ Ten Year Road Ply=,: A~~t C, An the ~Ard ~ual CIE U~ate ~d ~ent to ~ t~itt~ to ~A tn Septemir, 1991; ~d afft~ the C~-wide " mtntain t~ ftmctal fealtbtlt~ of the ~ 92-96 CZE am r~tr~ -:.- Mr. ~l~aln~er nex~ preaen~ed Recreation ~acl~X~ea, aka~in~ million worth of improvements are currently planned in ~he wall resul~ in a surplus a~ ~he end o~ ~he f~ve-year period ::: :' approximately SiX-million. He said the planned revenue sources are : from Co,unity Park impact fees, State Boating Improvement ~nds, Gas .~]~.. T~es and One Mill Capital Revenue Fund, which was required to elim1- ~?:' hate existing deficiencies. He concluded Staff recommends that the ~]":' Board direct Staff to include the "Planned CIE FY 92-96" projects the Third Annual CIE Update and Amer, dm~nt.. In response ~o CommissAoner Shanaban, Mr. Litsinger explained ':~ %he facilities indicated An ~h1$ plan are built on schedule, thnre will be a capital faci]Aty surplus of $11-mi~]~on, because $6.3 million is committed tn One Mill Capital Revenue to eliminate the "" XnitAal deficiency, Ampact fee money will be the primary source of revenue. ~~A~ S~ ~, seconded ~ Co~AssAoner Hasse ~d ~A~'~i~ly, to include "Plied CXE ~ 92-96" projects An the Page 52 1991 ~'~~~¢I~ ~te ~ ~t to ~ ~ttted to DC& :in ...... Mr.~.*Lttstnger continued with the next facility, Community Park Land, nottn~ there will be a deficit at the end of the five-year plan. He eatd there are ~rrently two parks planned, with developer contr1- butSons and co~unAty park fees as the revenue sources. He asked the Board to include the "Planned CIE ~ 92-96" projects and add a nlnth Co=try Park of approximately 32 acres. In an~er to Commissioner Vo~pe, Mr. Lttstn~er Indicated the loca- tion of a ninth park wtll be ~etermtne~ based on population trends and demo~aphtc studies by the Parks and Recreation Department. Co~lsstoner Volpe questioned If the SO acres donated Orangetree are tnc~ude~ Jn the exJsttn~ Inventory of Da~k BIll Lavetry, Growth Management Planning, indicated that Inventory Mr...Lttetn~er advtsed Af that acreage ts added to the inventory, a ninth park w~11 not be required at this time In an~er to Commissioner Saunders, Mr. Lavetry replied the General location of Orangetree wtll be app~o~rtate for residents 1tvtn~ In the urban Estates area. =t~ =t~2y, to include the "Plied CIE ~ 92-96" ~ ~ t~ ~~ It Orbit=el to the existing lnvento~ of com- Mr. Litsinger reported ~hat with the inclusion of Delnor-Wfggtns S~ate Park in the Inventory, the County now has 604 acres of available Inventory. He noted this ts due to a recent fays=able ruling by DCA which allows the County to include State lands and parks In the regional parks Inventory. He said Staff recommends that future regional park Inventory be acquired with Impact fees. He mentioned there ts a need for a 200-acre regional park project Board d~rec~ Staff to ~nclude that pro~ect. Page 53 June 25, 1991 Commissioner Volpe asked why the ?,000 acres of land leased from the State has not been included in the inventory? Mr. Litsinger indi- cated Staff will further investigate that possibility and if per- missibis, will include those lands in the Third CIE Update to be brought to the Board during the Summer. ~ioner Shan~h~n ~ov~d, seconded by Commissioner Saunders and =~ra'A~~A~o~l~ly, to a~e Staff'e reco~ended action on the ~t~.~k ~ Oil ~te, incl~tng ~l~is to t~e cr~it for Mr. Litsinger noted the next facility types are Drainage Canals and Structures. He said current revenue sources are Identified as the Stormwater Utility, Bi9 Cypress Basin and developer contributions. He reported Staff is also recommending exploration of the possibility of including several projects as partially assessment funded, due to benefits deriving directly to certain properties. He concluded Staff recommends that the Board include the "Planned CIE FY 92-96" projects in the Third Annual CIE Update and Amendment, and further requested direction on the drainage assessment district concept. In response to Commissioner Volpe, John Boldt, Water Management Director, advised there are certain projects with regional aspects that lO0~ of stormwater utility fees should be used, however, the nor- mal type project that is multi-purpose for flood control, drainage, water quality protection and groundwater recharge, might be 30~ spe- cial assessment to 70~ utility fees. He said he will recommend the Naples Park type projects, which are basically for aesthetic reasons to enclose ditches, to be funded by 70~ special assessment and 30~ user fees. He reported Staff will bring more specific examples to the Board through the consultant, to give a better background on the philosophy. ~t~m~oolonez, Shanahmn moved, seconded by Commissioner Hasse and carrle~nnani~onsl¥, to approve Staff's recommendations on the Draiuag~ Canals ~nd Str~2ctures. Mr. Litsinger presented the Potable Water System, proposing that Page 54 June 25, 1991 all improvements planned in the next five year period be paid with system development fees or Impact fees. He asked the Board to direct Staff to include "Planned CIE FY 92-96" projects in the Third Annual CIE Update and Amendment. Co~mtssioner Volpe questioned if the requested action will impact upon the rate study to be done on August 14th? Fred Bloetscher, Assistant Utilities Administrator, responded Staff has planned all the CIE's in the first three years in the rate study. Co~m/utoner Slmanah~n~, seconded ~ Commissioner Hasse and cm~riedunan/mously, to direct Staff to Include "Planned CIE H 92-96" ~J~ ~ ~ ~rd a-~l CZE ~ate ~d hen~ent to ~ ~ttted .~ ~ ~ ~~, 1991. Mr. LitsinGer said the next facility type is Sewer Treatment and Collection System - North County. He said it is planned in the CIE for the Increase of two MGD, with the source of funding tdent~fted as system development fees. He asked the Board to direct Staff to include the "Pla~ed CIE ~ 92-96" in the Thtrd Annual Update and Amen~ent, and further redested that this project, kno~ as Project · 91~, be moved to ~ 93-94. Mr. Bloe~scher stated the packet should reflect Project ~91~ to be moved to ~ 92-93. Mr. Lttstn~er stated he will make that corre~tlon. ~~t~r S~~~, ~ec~ded ~ Co~tsstoner Huse c~1~ ~t~1~, To mppr~e Staff's reco~endatlone for the ~~t ~ Coll~tt~ ~tem - ~orth C~. Hr. Lttsln~er continued to the Sewer Treatment and Collection System - South County. Re said 4 MGD capacity Improvements are pla~ed for ~ 92 to FY 96, with system d~velopment fees as the source of funding. He Indicated Staff 1s recommendJn~ the Board include 'Plied CIE ~ 92-96" projects tn the Third Annual Update and Amen~ent, and further recommends that Project ~916 be increased from 4 MGD to 8 MGD. 'Co~tsstoner Volpe noted a commitment was made to Lely residents 000 , i43 Page 55 June 25, 1991 not to ~ncrease that facility until after a public hearing. He asked if this can be approved without that hearing having taken place? Mr. Bloetscher advised if Lely is not utilized, another site must be chosen. Mr. L~tsinger reported without the expansion to 8 MGD, a deficit ls not shown until the latter years of the decade. He said that deci- sion-can be deferred until the next AUIR. Comm~m~one~ $hmnmhmn moved, seconded by Commissioner Hasse and c~x'x'~.l;IX~:lxJ.~O~ly, to d~ct Staff to ~nclude "Planned. CIE ~ 92-96" Ir~oJl~-~ ia tl3~ ~ird m-ml CIE ~te ~d benbent to ~ to ~A 2n ~t~, ~992, deleting the increase ~n ~o~ect ~916 from 4 ~ to 8 ~ ~t22 the next AUIR. ~r. DitsInger stated th~ f~n~l 0ategotV A ~acll~tv tv~e is Haste, Hhlch lncI~de9 the ~0 vear ra~ land su~lV. He said 100 of a~ditional lan~ ~urchase J8 planne~ ad~ocnnt to tho ~andftIi. He stated this HIll be gald Htth landfill tlgging ~ees the ~JmarV funding source. He concIu~e~ $ta~ ~ecommends the ~trect Staff to Include the Indicated CI~ ~o~ect in the T~lr~ CI~ ~ate an~ Amendment, an~ f~rther ~ecommends the ~oar~ ~J~ect the ac~tsltton of additional acreage adjacent to the Na~les ~and~tll neede~ to eliminate ~ro~ected deficits Jn the latter ~ear9 o~ the 92-~6 CIE~ and that these ~ro~ect9 also be added to the ~hlrd C~ Update. In answer to Commissioner Hasse, Hr. Litsinger sa~d the Board pre- viously approved the addition of 300 ac~es. He ~epo~ted 50 ac~es were mc~md th~s yea~, and 100 ac~es a~s currently planned fo~ the next f~scal yea~. In ~esponse to Comm~ss~one~ Shanahan, Bob Fahey, Sol~d Waste D~recto~, advised the consultant w~11 p~ov~de the County w~th altec- native evaluations of d~ffe~en~ s~tes, and Staff w~11 ~etu~n w~th ~eco~endat~ons. In ~eply to Co~ss~one~ Volpe, M~. Fahey stated the ~n~t~al p~ece 0f ~d that was p~oposed fo~ acquisition was a 300 ac~e parcel. He Page 56 June 25, 1991 said smaller parcels can be acquired to the north, to assemble enough land to keep pace with the use on an annual basis. He asserted if lands are acquired to the north, it will be done Incrementally. Conditioner Saunderm I~rved, seconded by Co~mtssioner Shanaban and cmrri~ ~n~ni~o~sly, to direct Staff to Include "Planned CIE FY 92-96" projects in the Third Annual ClE Update and l~endaent to be submitted to DC& t~ September, 1991, mnd to direct the acquisition of additional acreage adjacent to the Naples Landfill needed to eliminate projected the latter lmar! of the FY 92-96 CIE, and that these pro- Jects be added to the third ClE Update and Amendment. Mr. Litsinger addressed the second Category A Solid Waste, the two year lined cell capacity at 1.55 tons per capita. He advtsed the current plan anticipates adding 4,667,000 tons of disposal capacity, to be financed with landfill tipping fees tn the FY 92-96 period. He recommended that these projects be added to the Third Annual CIE :Update and Amendment. Mr.: Fahey reported Collier County is under a new set of regula- ticns effective May of this year, that markedly increase the require- ments for the construction of lined cells. He said lined cell construction in the future will range two to three times over the current cost per acre. ' Commissioner Volpe questioned tf these recommendations anticipate landfill mining, recycling and the MRF concept, to reduce future needs? Mr. Fahey noted these projections are based on a worst case scenario. He said the current recycling efforts by Collier County still anticipate landfilling at 60-80~. ~o~tutone~ ~nanahan m~.'ed, seconded by Commissioner Saunders and ¢~rrted ~ma~tmly, to direct Staff to include "Plarm~d CIE FY 92-96' ~J~; in the Xlllrd Annul Up4mte ~nd Amendment to be submitted to ~ :~ :~m~~, 1991. Mr.. Litsinger presented the first facility type In Category B, County Jail. He said the CId. currently proposes 256 beds as part of the Phase I improvement, which Is a total facility Improvement cost of Page 57 Suns 25, 1991 $25-mtllton. He said the identified revenue source is a G.0.B. referendum, which is a back-up to the Sales Tax. He noted the five year deficit will also be a potential G.O.B. referendum. He advised potential alternatives are a Jail Impact fee or One Mill Capital Revenue Fund. He said Staff ie recommending that the Board give direction to include Project #400 as a 256-bed addition to the Third Annual CIE Update and Amendment, as recommended by Correc~iona~ Se~tce Group, Inc. He also redested Board policy direction on the addltion of a second Jail pro~ect 2n the ~ 92-96 period, and/or study of a possible LOS amendment in consideration of the Correction Se~lces Group report. ~~er S~ders ~, seconded ~ Co~t~stoner S~~ ~d ~~ ~ly, to a~r~e Staff~s reco~endations, w~th the ~~ ~t the additional Ja~l ~ace ~y ~ pr~n not see ~ Clerk Hof~ r~laced ~ Clerk ~evin at this ti~ ea~ Mr. Litsin~er stated that an additional 20,~00 square feet for Library BuAldin~s (Category B) are planned for the 92-~6 period and the source of f~dAng is the 1 Mill Capital Fund and Library Impact Fees. He advised that staff recommends that the Board direct staff to include "Planned CIE FY ~2-96" projects An the Third Annual Update and that future library expansion projects to eliminate developln~ defi- cits ~n the latter part of the decade not be added to the FY 92-96 CIE at this time. He reported that additional time will allow for s~te plying based on population trends and the accumulation of Impact fee receipts for future funding. He noted that this will also allow time for plus by the Golden Gate C~vlc Association to construct a lO,000 sq. ft. public library branch with proceeds from a legal settlement which may reduce future deficits. T~ ~ Co--ASSiGner Volpe ~estioned whether there is any poss~bAlity Through an interlocal a~reement with the School Board to take credit for the librar~es within the schools. Mr. LAtein~er replied that ore- June 25, 199! dtt may be taken if they have general public access. Commissioner Goodnight noted that the majority of the schools do not have general public access. She explained that she understands that in the near future there will be a proposal for the new to be constructed providing general public access. She indicated that she would like to see the Commission hold a Joint meeting with the School Board to coordinate their capita! improvements with those of the County. ~!~ ~u~one= Saunders ~d, seconded by Com~leelonar Shanahen and ~~ ~~ly, to accept etaff~s reco~endation ~d to ~ ~t ~ ~st~ ~ Co~ss~oner Goo~ght. ;%:... Hr. Lttatnger called attention to the Library look SLock. 2~ related that an additional net increase of 45,000 volumes ts anticS- j: pated for the next five year perrod to be covered by the CIE and funded by the ~ Mill Capital Revenue ~nd and Library Impact Fees. Mr. L[ts~nger stated that staff recommends that the Commission provide d~rect~on to include the ~dent~fJ{,d pro,acts Jn the Third Annual CIE Update ~d Amendment. " ~~1~ S~ m~d, second~ ~ Co~ss~oner S~ders ~ ~~ ~l~sly, to a~r~e staff's reco~endatlon ~d t~t st~ ~ t~ utilization of the School L~brar~e= ~d the Mr. Litsinger pointed out that an additional 15,000 sq. ft. J, planned for Government Buildings FY 92-96, noting that there will be a defJcJt of 66,28! Iq. ft. at the end of that five year period. He indicated that the revenue source for the Capital Government Buildings is the 1 Mill Capital Revenue Fund. Mr. Litsinger requested that the Commission direct Staff to include the ~dentffied project tn the Third CIE Updat'e and that th. pro,acted FY 95-96 deficit not be addressed in the Third CIE Opdate. He expressed that this will allow time for plann~n~ for funding of the 25,000 sq. ft. 3rd Floor of the Health Building and 23,000 sq. ft. on the 4th Floor of the Courthouse. He reported that the lead t~me to Page 59 June 2§, 1991 finish these projects does not require BCC commitment at this time for · ~ Commissioner Volpe questioned whether the $131.07 sq. ft. cost includes the land cost. Office of Capital Projects Management Director Conrecode replied that the $131.07 sq. ft. includes design, building, land acquisition and furnishing costs. In answer to Commissioner Volpe, Mr. Coor.¢:od. replied that Government Building CIE Projects utilize $.~3 - $.~8 of the tota!! M~11 dollar available. Mr. Litsinger stated that the project, as identified, is in the later year of 92/93 and the probable funding source of the 1 Mill Fund allows the latitude to change same at some time in the future. Co~iasioner Saunders moved, seconded by Commissioner Shanaban and carr%ed unanimously, to approve ataff*s recommendation. Mr. Litsinger advised that Emergency Medical Services consists of EMS Units, Equipment and a Garage Building. He reported that the source of revenue is the 1 Mill Capital R.-venue Fund. He explained that three units are planned in the FY 92/96 period and staff is requesting that consideration be given to the alternative revenue source of the EMS Impact Fee. He asked that staff be directed to include in the Third Annual CIE Update and Amendment the three EMS Stations identified and that future funding for EMS Units be provided from EMS Impact Fees. COII~t~:~ Saunder~ ~0~ed, seconded b~ towelsstoner Hasse and c~t-rted unanim~u~l¥, to approve staff's recommendation. Mr. Litsinger pointed out that the Dependent Fire Districts of Ochopee and Isle of Capri require no action by the Board at this time. Mr. Litsinger recommended that the Commts~ion find upon analysis, review and actions taken based on the FY 91AUIR that adequate Category "A" public facilities will be available, as defined by the Collier Concurrency Management System, to support development order ' issuance until presentation of the FY 92 AUIR within twelve months of this'date. Page 60 June 25, 1991 -:011~~r Sh~nah~n ~n~ed, seconded b~ Commissioner Haese ~d w~ll ~ ~lable, ~ def~n~ ~ The Collier Con~rren~ N~agemen~ ~, to ~~ d~v~lo~t order ~s~ce ~1 presentation t~ ~ ~2 ~UIR e~th~n ~1~ ~n~he of this date. · ~ee ~s 6:15 P.N. - Reckned 6:25 P.H. ~OL~ON 91-484 ~I~ING S~ ~S TO ~ B~ A~AIRS A~[nistratfve Ass~stan~ to the Board Fllson advised that l~em ~s a recommendation to appoln~ members to the B~ack Affairs Advisory Board. She d~sclosed ~hat a press release was issued and testes were received. She indicated tha~ a letter was received the N~CP recommending that the follow~n~ applicants be considered for appointment: Robert Walker Jr., Henry C. Trlb~le, Albert Lee, Clayton Hodge, W~ll~e B. Brlce, III, Jackelan D. Brown, and Larry D. Word. Mr. Fred ~omas, Member of the Executive Comm~tt~ of th~ thanked the Commission for moving expeditiously tn creating and mak]ng appointments to ~he Black Affairs Advisory Board. Mr. Gerald McKenzie, President of the Colller County NAACP, stated that he believes that the candldates, as endorsed, w~l] represent the County very well and will be a valuable resource to the Commission. He noted tha~ the members of the endorsed panel of the NAACP represent a large range of skills and backgrounds in Collier County. -~~.-~IF, to acc~t the reco~t~on of the N~CP ~t:~lut~ 9~-484, a~nt~ng Ro~rt Walker, Jr., H~ C. After action was taken on Item 12A, the following d~scusston and motion ensued. Mr. Gerald McKenzie stated that he believes that expanding the Page 61 June 25, 1991 Hispanic Affairs Advisory Board to nine members is a good approach and requested that the Black Affairs Advisory Board be expanded to nine members. He indicated that 11 resumes were submitted for con- siderat~on. · ~...'.ColamAssAoner Saunders suggested that the Comm~ssion commit to expanding both Advisory Boards to nine members and that the County Attorney draft the appropriate documents to effectuate same and that Mr. McKenzie submit two addit~onal names to be added at the next meeting. C~mm~m~ioner Smunder~ m~m~d, seconded b~ Co~missioner Shanaban and cmr~edunantmousl¥, to expand the Black Affairs Adv~sor~ Board to n~nemem~er~ ~nd that the Count~Attorne~ draft the appropriate amend- Ordinance regarding the number of membe=s. OO0.r, . 150 Page 62 KESOK. UTION 01-485 APPOINTIN8 NINE MEMBERS TO THE HISPANIC AFFAIRS BOARD - ADOPTED~ COUNTY ATTORNEY TO AMEND ORDINANCE RE Administrative Assistant to the Board Fllson stated that this item is a recommendation to appofnt members to the Hispanic Affairs Advloo=¥ ~o&rd. Sh~ r,por~ad that a prean rel~ wa~ lneu~d. uotl,g that she received one resume, however, the other resumes received were submitted by the Hispanic Chamber of Commerce and they recommend that seven members be appointed. She pointed out that last evening she received a taxed resume from Nelson Munoz. Mr. Victor Valdes, President of the ~tspanic Chamber of Commerce of Collier County, stated that he has no objection to the Commission accepting the resume from Mr. Munoz. Mr. Nelson Munoz, Treasurer of the Hispanic Chamber of Commerce, apologized for submitting the late resume. He lndicated that apparently there was a misunderstanding In January and February when the Hispanic Chamber trled to achieve better representation of Hlspanics serving on Collier County*s Advisory Committees. He explained that he submitted his resume at that time and understood that it would be used for any advisory committee for which Mr. Victor Valdes felt he would be qualified to serve on. Mr. Joseph Torres expressed concurrence of the Hispanic Chamber~s recommendation but urged the Commiss~on to accept the resume as ~ub- mitred by Mr. Munoz. "-? ':Commtsslonl~ Haaae noted that the }liepanic Chamber has recommended that e~ght members be appointed to the Hlspanlc Affairs Advisory Board. He suggested that the Commission appoint the eight members, accept the resume of Mr. Nelson Munoz and appolnt him as the ninth member so that there would be an "odd" number comprising the mem- bership of same and that the County Attorney amend the Ordinance regarding the number of members. Commtssloner Shanahah concurred with the suggestion of Commissioner Hasse. 000,, 152 Page 63 June 2§, 1991 seconded by Cmtssioner Shanahan and · carried m~ni~ously, to ecc~pt the reconendatlon of the Rtsp~lc ~. o~. ~r~, a~inting the foll~tng ~e~rs to the Hl~tc ' Mf~ ~t~ ~d: Zac R. Lucto, ~org~Perez-Avtla, ~at~e R. ~t~ ~t~io ~. ~rez-~itoa, AI~ Castro, Bem~do >'~ ~ 1. kltr~, Ilort~ ~tn~sz ~d adding Nelson ~oz ~d -.'. ~1~t~ 91--485 ~ adored; and that the County Attorney amend the ~ Ol'dln~ce ch~9ing the number of appointments to nine members. Page 64 June 25, 1991 ~ ~RA~'$ ARR~&~ REV~ - 2~ ~RCR~AS~ APPROV~D Commissioner Goodnight announced that the County Manager has had a tremendous amount of responsibilities and pressures in the County over the last year. She indicated that not only does he serve as County Manager, which is a 24 hour per day Job, but he has attended over 60 public meetings before and after hours during the last year. She indicated that Mr. Dorrlll's salary is reviewed annually and he has taken what has been offered to him, rather than asking for a raise. She explained that she mentioned to Mr. Dorri]! that he would be showing leadership by deferring any type of merit increase for this year. She advised that Mr. Dorrill has been elected as Florida Association of County Managers as President this year and has been recognized as one of the top Managers in the State. Commissioner Goodnight stated that a 4.5% cost of living increase would result in $55 per week. She remarked that she believes that this would be a good starting point to show the County that the Commission is serious about the dollars that are being spent. Mrs. Odilie Tarrant, read a letter to the Commission, from 3an D. Curran, President, Taxpayers' Action Group, objecting to increasing the salary of County Manager Dotrill. The letter cites that Mr. Dorrill's performance has not been sufficiently impressive to warrant any increase. '''l~m~t~F Clerk Ax~tght replaced DeI~ut¥ Clerk Hoffman at this time''' Lois Loeber, speaking on behalf of the Taxpayers' Action Group of Collier County, suggested that Jn revlewfng a proposed tncrease in pay for the County Manager, it appears that with his current ]eve] of com- pensation, lncludlng all the benefits, his salary is comparable to other positions. She pointed out that others employed in Collier County have not received cost of living increases during these dif- ficult economic times, even though they have performed their job excellently. She added that some companies have asked their employees to take a decrease in pay rather have to lay people ~,ff. Page 65 June 25, 1991 Jim McGrath referenced a letter he received from Commissioner Saunders, dated June 10, 1991, which Indicates the difficult economic situation the County Is currently In and what the Board of County Commissioners is doing to help the situation; and added that this was a refreshinG letter to receive. Dick Leebet, speaking on behalf of the Taxpayers' Action Group of Collier County, stated that tt is not felt that the County Manager has performed his Job in an adeq"uate or accountable manner. Fred Tarrant, speaking on behalf of the Taxpayers' Action Group of Collier County, concurred with the comments of Mr. Commissioner Shanahah pointed out that County Manager Derrill has maintained a collective bargaining, free environment at the County which has reduced turnover of employ,,s by 7%. He added that Courmty Manager Domrill has improved the County's overall cash position and net income/profit and enterprise account by 8.4% over last year. He noted that Mr. Derrill has contributed significantly to the good of the County. Commissioner Hasse commented that Mr. Derrill has accomplished many impressive Goals and objectives durinG the past year such as the $983,000 savings resultinG from the hirinG freeze. He spoke very favorable of the work performed by Mr. Commissioner Goodnight noted that the county attorney received &hl~ fiscal yea~ a ~ay-for-p~rformance ]ncreas~ a~md ~ecommended that the Board of County Commissioners be consistent on this issue. Commissioner Volpe related that County Manager Derrill ~s one of the f~nest CEO's that he has had the opportunity to work with. He pointed out, however, that the County Manager's position Js unique and does need to be reviewed separately. ~e suggested that the entire compensation package be reviewed before a percentage pay increase agreed upon for the County Manager. Commissioner Saunders cited that the Issue at hand Is not whether the County Manager has done a good or bad Job, but rather an eva- ]uation of the County Manager's po~ltion and the position the County 157 Page 66 finds itself in at present economically. June 25, 1991 He suggested that County Manager Dorrill consider foregoing a pay raise for the 1991-1992 budget year. He explained the reasons for this suggestion are that he feels the compensation package provided to the County Manager is in excess of the value of the position for a Collier County Manager and the message projected from the County Government should be that it ts going to be as frugal as possible. County Manager Dotrill explained some of his compensation package. He noted that he has worked herd as the County Manager and has enjoyed doing so; however, he argued that he should no! be l'eque~ted to forage, a pay raise that Is Justly deserved. Co~t·sionsr Saunders moved, seconded by Commissioner Shanahan and carried 3/2 (Com~isstoner Goodnight and Commissioner Hasse opposed), that · 2~ p~y raise be granted to the County Manager for this fiscal ** Deputy Clerk Guevtn replaced Deputy Clerk irrtght at this time ** ~SSIOI~R GOODl~IGRT APPOI!~I~D WITH MARTHA SKINNER AS ALTERNATE TO · ~R~][~I~ ~ I!~l~IN PI~tB~ING ~ROUP ~OR HRS DISTRICT 8 FOR A PERIOD OF O~l~E~kR THROUGH JUNE, 1992 Commissioner Goodnight communicated she has received a letter from HRS asking for a representative from Collier County at District 8 interim planning group meetings. She said this group will make recom- mendations for revisions concerning HRS District 8, and will be in effect until June, 1992. ~#toner Shanahas m~ved, seconded by Commissioner Volpe and carried 4/0 (Co-~taalonar Saunders out), to appoint Commissioner Goodliter with ~rtha Skinner as alternate to 8er~e with the Interim Plnm~ing. Group for HRS District 8 for a period of one year through Item ~ RE~TI01[THAT COLLIER COUNTY RETAIN THE SERVICES OF YOUNG, VAN ASSE~DEHP, VA~NADOE AND BENTON, P.A., TO DEFEND THE COUNTY, IN THE CASE OF AN AFI~EAL OF THE CODE ENFORCEMENT BOARD~S DECISION REGARDING THE HOMELESS SHELTER AT THE FIRST ASSEMBLY OF GOD CHURCH - APPROVED W~.TH NO KXl~VlI~S INCURRED UNTIL/UNLESS AN APPEAL IS FILED Page 67 ' , June 25, 1991 Tom Olliff, Assistant to the County Manager, presented a recommen- dation to authorize the County to retain the services of Young, Van Assenderp, Varnadoe and Benton, P.A., to represent the County in the case that the First Assembly of God Church appeals the Code Enforcement Board's (CEB) decision to either Circuit Court or Federal District Court. He said the CEB made its final decision during the past week, and the First Assembly of God Church homeless shelter was found guilty on four of five counts they were cited for, including Zoning Ordinance violations, as well as Building Code and Minimum Housing Code standards. He advised the County Attorney's Office was originally by ordinance, representing the CEB, but because of speci- fic direction provided by the Board of County Commissioners to the County Attorney's Office, they removed themselves from the case and could no longer represent either the CEB or County Staff. As a result of the probable appeal of this case, he said, Staff was advised of the need of a record at the CEB level to be relied upon, should the case get appealed. He reported Staff was required within a few days to obtain legal services and contacted several attorney firms with exper- tise ~n that area. He asserted Bruce Anderson with Young, Van Assenderp, Varnadoe and Benton, P.A., was chosen because of his fami- liarity with the County's zoning ordinances, and his experience as a previous County Attorney. He concluded with a request to authorize Staff to execute an agreement with that firm, should its services be necessary, and only in the case that it is appealed or goes to Federal Court. In answer to Commissioner Volpe, Hr. OllIff explained that Mr. Anderson was retained on an emergency basis because the County had no legal representation.during the CEB hearing. He said should an appeal occur within the next 30 day,, the County will he r,quired to prepare certain legal responses which the County Attorney's Office cannot do, because they are still unable to represent either Staff or the CEB. Assistant County Attorney Wilson clarified that the County Attorney's Office has always represented the CEB and not Staff, since Page 68 June 25, lg91 its inception. She said this particular situation is very unusual, in that a motion was filed by the Respondent asking that the CEB have the County Attorney's Office removed from this case because of a conflict. She said tn her opinion, the County Attorney's Office did not have an actual conflict, but State Statute is clear that they are required to : remove themselves from a situation if there ts even the appea~'ance of impropriety or representation on the incorrect side. C~1~.4/1 (Cmt~ioner Volpe optsod), to appoint B~ce ~ders~ of the rim of Y~, V~ ~s~nde~, Vamadoe ~d Benton, P.A. to rspre- smt ~ Co~W ~ the event that ~ a~al is filed, ~t that no ~ ~ tnar~ ~tll and unless mn mppeal Is mctumlly filed. It. ll2 C~ S~ ~R BID ;89-1459 WI~ ANCHOR ENGInERING FOR ~~ ~0~~ AT COLLIER VILLAGE PUD I~[D IN AN ~ NOT TO EXCEED $10,000 AND STAFF DIRECTED TO Frank Brutt, Community Development Services Administrator', said this is a request to increase the contract from $111,000 to $I21,000, relative to work done in Collier VillaGe in Immokalee. He stated during the activities for that pro3ect, Anchor Engineering informed Staff that, because of the difficulties takinG place in the management and staff in the Immokalee Water and Sewer District, they felt it was necessary for them to provide additional contract ~ervices for the supervision of water-sewer Installation and storm drainage. In addi- tion, he said, it was determined that more supervision was needed for the roadway, grading and swale construction of the pro3ects. He advised there were very tight time lines under the Community Development Block Grant to get the pro3ect completed or lose some of those funds. He concluded with the recommendation that the contract be increased in an amount not to exceed $10,000. >Com~ltssioner Shanahan commented, since the engineerinG firm approved the contractor bid, perhaps they should absorb some o~ all of the additional expense. Page 69 June 25, ~99~ Mr. Brutt stated Anchor Engineering based their fees on the fact that the Immokalee Water and Sewer D~strict was to have adequate and qualif~ed supervision for the inspections. In response to Commissioner Shanahah, Mr. Brutt sa~d his recommen- dat/on is to accept the factual Information and increase the contract with funding from the Community Development Block Grant and the Pocket of Poverty Grant. County Manager Dotrill suggested that Staff pursue reimbursement from the Immokalee Water and Sewer District. Lois Loeber with the Taxpayers' Action Group asked if there is a dollar amount limit for an ~tem to be placed on the consent agenda, to which Commissioner Saunders responded there is he, Mrs. Losbet asked the Board to consider placing a limit on those items approved through the consent agenda. She recommended with regard to this item, that the engineering firm or the company that bonded the contractors, be required to pay the additional $10,000. Mr. Brutt reported inspection of that utility was to have been done by Immokalee Water and Sewer Distr~ct, however, they lost the]r mana~erial staff and did not have the competent staff to do the inspections ~n a timely manner which needed to be done in order to keep the pro3ect moving. Commissioner Volpe asked ~f the County requested the engineering firm to do the on-site construction supervision, to which Mr. Brutt replied Staff agreed with Anchor EnGineer]ng's su§gest]on that, becaus~ they were on-site, they become the inspector for the project. Co~sm~oner ~mr~ahan moved, seconded by Commissioner Volpe and cmrr~e4 unanimously, to approve the ~ncresss ~n the contract sum for Bld~9-~459, and to pursue I~mokalee Water and Sewer Dtstrtct for Page 70 3une 25, 1991 LlCE$~J~ AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL T]~ $T&TE OF FLORID&, AND ISLAND NARINA, INCORPORATED, CORPOI~TION, APFROV~NG THE USE OF COUNTY-~D PROPERTY FOR OFF LOADING, F~N&L ASSI~rBLY AND STORAGE OF PRE-~,~ DOAT DOCKS - APFROVED IN THE AMOUNT OF Sandra Taylor, Real Property Director, presented a recommendation to approve and execute a Limited Use License Agreement between Collier County and Island Marina, Incorporated, approving the use of County- owned property known as the Conkltn site. She said Island Marina will use the Conklin site for approximately one month in exchange for ser- vices to include trash collection, clean up and mowing of the site. County Manager Dotrill explained a contractor is delivering a number of floating docks, and they need the ability to off load the docks from a trailer into the water. In return, he said, there ts an accumulation of old construction rubble and we.ds ~n the County site that he has offered to clean up and mow. Commissioner Shanahah asked why no fees are being charged for the use of public property by a profit making corporation? Commissioner Volpe asked If a value has been placed on the ser- vices to be performed In return for the use of that property? Ms. Taylor advised the fair market value for use of the Conkltn site, due to the nature of the use and the limited period of time, ts $10 and any other valuable consideration that can be negotiated. She said that information has been verified with two local appraisers. Pat Ptlcher with the Taxpayel's' Action Group and represent V&ndlrbl~t Beach Property Owners AssOciation, .t,~t,.,' fL,- Cm~nty purchased this piece of property for more than $2-m.illton with the Intent of giving North Naples a boat ramp. Since that has not yet occurred she questioned why the County is not receiving any remunera- tion from this profit making organization building next door? Don Pickworth, representing Island Marina, Incorporated, stated his client Is proposing to use County property for five days during a 30-day period because of on-going construction on the marina site. He said that will rosult In a convenience fo~' hi. cll.r~! while cle~nlnU Page 71 June 25, 399~ up the County site In return. Commissioner Volpe commented the only issue is whether the County is being paid fairly for use of public property. Murdo Smith, Acting Parks and Recreation Director, indicated the cost of cleaning and mowing the property would approximate $250-300. In response to Commissioner Volpe, Mr. Pickworth agreed to pay the County $1,000 for the use of the Conkiln site. Conunisstoner GoodniGht asked if Mr. Pickworth's client will also clean and mow the site, to which he agreed. Comm~tms~onm~ HUme ~v~d, meconded b~ Commissioner Saunders and cmx~'Aed ~~ly, to m~r~e m L~m~ed Use License A~eement in the ~T of $1,000 ~en CollieF Co~ ~d Isl~d Marina, Inco~rat~, m~r~tng the ~e of Co~W-~ed properW fo~ the ~r- ~ of off lo~dtng, ftnal ass~b~y ~d s~orag~ of pre-cons~c~ed ~t ~ ~ l~l~d ~rln~. Inco~ra~, ~o clean ~d ~ ~he ****NOTE: PETITIONERS DECIDED NOT USE THE PROPERTY AS PRL~;IOUSLY REQUESTED. AGREEMENT HAS BEEN RENDERED VOID**** Page 72 June 25, 1991 Ztmm--~B~l COUNTY PURCHASING PRACTZCgS - COUIfl~ MANAGER'S County Manager Dorrtll reported in his review of purchasing prac- tices, the Purchasing Department does a very good Job, however, In his opinion, some practices can be improved upon. He said after having personally reviewed over 1,000 field and full purchase orders, he has come to the conclusion that the current $500 limit needs to oe re- examined, although the average field purchase order for the past two years is $150. He noted the Intent behind fte]d purcha~- orders IB t'r~ limit the amount of clerical steps necessary to haw~ an efficient pro- cessing and check and balance system of County funds. He stated fuji purchase orders require two additional steps and there are some instances, i.e., routine travel, which should not have to incur those addit~onal steps. He suggested that field orders be limited to $300 and also recommended that field purchases be restricted to those most accountable from a management standpoint. He advised his third recom- mendation ks to maximize the extent to which the County has annual agreements in order to limit purchases to a single vendor at a pre- determined price. County Manager Dorr~11 stated the next Item is, from his perspec- t~vm,'the most Inflammatory. ~e said for items such as cellular telephones, refrigerators and fax machines which from the pub]~c's perception may not be absolutely necessary, he is proposing they be purchased only upon written approval of the County Manager, although he has found no abuse regarding discretionary purchases. County Manager Dorr~11 mentioned his final recommendation with regard to field purchases is to require an explanation on field purchase order forms of the need for the materials being purchased. County Manager Domrill continued, stating that special events is another area easily mtsportrayed in the med~a. He said special events range from Heritage Days and Indian Days at the County Museum to the Easter E~g Pageant and after school programs at County parks for latch 00o Page 73 June 25, 1991 key children. ~Ie stated when citizens read that party supplies, food and cakes are being purchased with public funds, there is always con- corn. He noted this may be a policy issue for the Board. He said Collier County for years has sponsored special events and received either partial or full reimbursement for many special event purchases. County Manager Dotrill also suggested that the Board review the extent to which employees in professional positions are entitled to memberships paid with County funds. Commissioner Shanahan recommended that professional dues paid by the County be limited to senior management personnel and those pro- fesslonal positions required to be licensed. County Manager Dorrfll admitted that in the area of plants and bottled water, the original intent has been exceeded. He said while the original intent of havtng plants in lobbies, foyers and entrances to buildings was good, the subsequent purchase or rental of plants · within offices exceeds the extent to which the public is benefited. He suggested those expenses be eliminated with the exception of plant maintenance contracts for publlc entrances and foyers. Commissioner Volpe suggested that County employees be utilized for plant maintenance. County Manager Dorr~ll continued that the same situation exists w~th regard to bottled water. He suggested there is no need for bottled water on every floor of each bufldtng, however, it is appropriate to continue that servtce at the County landfill since there Is no other source of potable water available. County Manager Dotrill next mentioned vehicular purchases. He ~aJd th~s is an area where the County has done an exceptional Job because Collier County Is paying on average the same cost in 1991 as was pald In 1988. ''' l)eput-/Clerk lloffman replaced Deputy Clerk ~uevin at this tim ''' County Manager Dotrill remarked that as opposed to having a one year bid, a series of three one year agreements are provlded for vehicle and fleet purchases. He Indicated that he belleves that the Page June 25, 1991 annual budgeted fleet purchases should be acknowledged by the Commission tn publtc session stnce these are approximately $250,000. He suggested that the annual purchase agreement be placed on a Board of County Commissioners agenda for discussion in open session. Commissioner Shanahen stated that he has heard many times that if there was one individual handling fleet purchases alone, it would pay for that salary several times over. Commissioner Volpe questioned why last year's management letter from the audftor did not address field purchase orders. Finance Director Yonkosky replied that purchases were bought in compliance with the Board's purchasing policy and therefore, there would be no need to address same for a lapse of the Board's control. County Manager Dotrill disclosed that there are two current vacan- cies in Purchasing as a result of the hiring freeze in an effort to save money in the General Fund. He explained that If the number of purchase orders are doubled or tripled and need to be processed by employees, he will need to evaluate whether the evaluation of purchase orders or the htrtng freeze are more Important, and perhaps addltlonal posit~ons, depending on the volume of work that needs to be done on a dally, weekly and annual basis. Mr. Dick Loeber stated that his impression of the term "field purchase" indicates a person out in the field that requires a couple of washers or a piece of pipe and not having to go back to home base to pick up these small Items. He remarked that large businesses have · a central purchasing department and the various departments routinely ~J.." requisition supplies. ~[~ County Manager Dotrill advised that the County does not have a large central supply department. He explained that Butldlng "W" is the warehouse comprised of less than 1,000 square feet and a very small inventory Is maintained. He noted that the County has a series of annual agreements and contracts for goods and services which can be delivered on a single day's notice. He stated that field purchase 000 175 Page 75 $un~ 25, 1991 ~1orders are issued for thlngs that are not maintained on County pro- i'. perry. ~:;[. Mr. Losbet suggested that the Commission consider changing the ~.:..:,-. ¢ounty's purchasing procedure and limit field purchases to $50 for those persons out in the field. " Commissioner Shanahah stated that field purchase orders have been ~;' a problem for every county in America from day one, noting that they are misused, abused and results in a situation that needs to be controlled. He declared that central purchaslng makes a lot of sense. Clerk Giles revealed that he believes that County Manager Porrtll's counter proposal to 1tmft field purchases to $300 is a Good balance. He disclosed that considering Inflation and administrative costs, field purchases are generally tn the $300-$500 range for VCR's and TV's, etc. Assistant County Manager McLemore pointed out that one reason governmental entlttes have moved toward annual contr~ct~ is due to pilferage problems in the warehouses. Mr. Fred Tarrant, speaking for the Taxpayers' Action Group remarked that 180+ people having open field orders As an invitation to waste and steal. Mr. JAm McGrath suggested that the County utllfze artificial plants in lieu of spending $11,500 for maintaining plants. In answer to Commissioner Volpe, Mr. Camell reported that a field purchase order is a decentralized mechanism for allowInG departments tO make purchases within their own internal control mechanisms. He explained that field purchase orders allow for the purchase of goods and services less than $500, however many of these services and goods are the product of the competition. Commissioner Goodnight stated that she would like to see Mr. Carnell provide back up material regarding field purchase orders at a regular Board meeting tn August or September so that the Commission could review policies and move forward with impllcatlng several of the things that the Manager has mentioned today. 000 176 Page 76 June 25, Saunders disclosed that he believes that the reason the auditors have never said anything about the field purchase arrangement Is because there has been no abuse in this regard. He stated that the Manager has offered five recommendations which would improve the process. ' C~IItSeioner Sim~ders moved, seconded by Co~lisstoner Shanaban ind cl~rte4 ~lntIOUll¥, that the Manager implement the five recommen- 4attoni, r~ort back to the Commission the manner in which the process ~S ~ t~htened up and limiting the people having access to same, i~:c~. ~nd z'e~ci~g thI limit to 8300. Mr, Camell advised that setting a $300 limit and using centra- ~.~' lized contracts will be adding administrative time to purchases bet- ween ,$300-$500 and additional costs will be required to control this. --COII"JIIW:-&~II)a ITemS, BUDGET ~ AND EM~RGKNCY ITEMS DURING THE ~"'~' ....IOI~I'IUlIlI~ I~CE~S - TO B~ JOINTLY APPROVED BY COUNTY MANAGER Alii) County Manager Dotrill revealed that there is a Consent AOenda Policy, adopted by the Board, for those items that cannot wait while ~..'.:thI"Co~lIslon Is on summer raceres. He point,d out that there are certain administrative and legal approvals that the County Commission allows the County Manager to authorize on behalf of the Board and upon return from summer recess, a list Is presented for the pertinent items, He indicated that a great deal of prudence Is used during that time since the Commission confirms after-the-fact approval. ~ii' ' County Manager Dotrill explained that there are some things that he is unable to do but this ts consistent with what the Board has done for the pamt ~ ~e.~:"~. .Commissioner Volpe suggested that perhaps it would be appropriate have:a member of the Board sign off Jointly on the various consent items,'- Mr,:Loeber suggested that the Chairman, Vice-Chairman, or In their absence, any other Board member sign off on these Items. COII~lI~O~Ir ~I~lhan moved, seconded by Commissioner Hasse and I 00o i77 Page 3une 25, 1991 carried 4/! (Coulaalonar Saunders opposed), to authoriza the County Manager to approve the consent agenda items Jointly with Commissioner &MEN~I~NT ~ N~ ~CLING RESO~CES C0~CT T0 INCLUDE ~ ~-~LE ~SE SE~GA~ ~ C0~U~ION/D~OLITION Solid Waste Management Director Fahey announced that thiu is a proposed amendment to a contract with a local firm to do recyclinG of construction dmmolltlon debris at the [,andfill. He recalled that 1988 Legislation established a 30~ recycling rate to be achieved by 1994 and in order to effect this goal, bids were received for the pro- cessing of three different materia]s at the Landfill: construction demolition debris, biomass and tires. He indlcat'ed that these bids were taken prior to the beginning of th]s fiscal year and con- sequently, prices were adjusted tn October to reflect the cost of the work that must be done. Mr. Fahey explained that the cost for tires increased from $18 to $66 per ton: biomass $6 to $18 per ton; and construction demolition debris (C&D) $18 to $22 per ton. He note(] that 86,356 tons of C&D have been assumed this year and immediately upon receipt at the Landfill, approximately lO~ of that material is d~rected for d~sposal into the lined cell since the material ~s no[ very recyc]ab]e. He ~ndlcated that the efforts to segregate the mater~a] results in three categories of waste: recyclable mater~a]; trash/non-recyclable: and processed wood. Mr. Fahey suggested that the expense for segregating the material to produce the separate wood pile and the trash which is non- recyclab/e be reimbursed to the vendor out of the monies that are received at the gate. He recommended that the contract be amended so that the contractor can receive the $4 dlff,rentla] fear his ~fforts to segregate the materials to allow for proper dlsposlt.[on and pro- cessln~. 3une :25, 1991 carried 4/0 (Commissioner Huse out of the room), to amend the Naples R~ources contract to Include an adjustment for non-recyclable refuse segregated fro~ constructlon/deeolltton debris. Pa~e 79 3une 25, 1991 _STAF~.:.D'J:~'"TED TO ~ O~IN~CKS RK~TI~ TO B~ A~ITIKS IN Assistant to the County Manager Olliff advised that this item is a !..,..request for policy direction regarding beach related ordinances. · ' Mr. Todd Herbs, Operator of the Food and Beverage Concession at Tigertall Beach, voiced support of am~,,n¢llng or¢]In;,ncf:s to allow a beverage cart service at Tigertall. He stated that he purchased a ~'golf.¢art and an ice machine at a cost of $7,000 only after being i~'~ ~ass%lred by the Parks & Recreation Department that the cart would be able.to operate. 1-?:' .' Mr.'Herbs advised that upon winning the bid, the County agreed to ': a sttpulatlon which specifically allows a beverage (:art service. He noted that the cart is used for other purposes aside from selling soft ~:.' drinks: ~ litter and debris is picked up daily from the beach; and ~.: transportation for the handicapped to get from the end of the board- walk to the water. ;;'.-*Mr; Herbs stated that there is a financial benefit to him and the County from every item sold off the golf cart, riotinG that the County receives 22.§~ of the gross dollar amount. He indicated that the cart has a definite promotional value for the concession since many visi- tors to the beach are unaware that the concession is there. He related that the cart does not harm the environment in any manner and the-top speed of same is 12 mph as opposed to ATV's on the beach. Mr. Herbs disclosed that the cart operated for several weeks until Compliance Services advised that it must cease and desist and i: . during that period, hundreds of comments were received in support of '~ · the cart, He stated that a previous concessionaire at Tigertail was ~,allowed.to operate a cart service under the Parks & Recreation permit endS the Queens Restaurant at the Marriott Hotel has been selling alco- ? hol from their cart for years with no bensf i% 1. o the County. ~. '. Mr. Herbs requested that the Commission direct staff to amend the [nent ordinances and to grant temporary pe~mlsston for the cart to Page 80 June 26, 1991 be operated until the matter has been ]eually resolved. ,/i. >~"Acting Parks and Recreation Director Smith revealed that the p~lor "i~- vendor did operate a cart on the beach. He noted that Mr. Herbs' contract does not specifically provide that he may utilize a Golf .raFt, .however, staff has no objections but County and State authoriza- tion must be granted through a permit. Because of the lateness of the day, it was the consensus of the "Commission to recess until 9:00 A.M June 26, at which time direction ~'~.:,~'wlll'be provided In this mabter. see Rece~aed: 9:45 P.M. - Reconvsned: 9:00 A.M., June 26, 1991 at which tt~e Deputy Clerk 0uevtn replaced Deputy Clerk Hoffman ... · Tape. ~1 ...' 'Commissioner Volpe asked If any recommendations have been received from the Parks and Recreation Advisory Board regarding amending the ordinance? · .Tom'Olliff Assistant to the County Manager, indicated in the negative because of the timing of this issue. He explained the three-County ordinances dealing with beach activities have conflicts .~%~*" between them. He said Staff is seeking policy direction with regard i to the ktnd~ of activities amonont thor,,~ r, rrll,,~,r,ce,~ th,~ Br,a~d ~anlrt and on what types of beaches. He noted a particular issue is allowing carts or vehicles on the beach either as part of the concessionaire on ~" Tigertall, or as part of some of the major hotels on Marco Island who i~wtsh~to serve drinks on the beach He stated the vehicle on the beach ?~*'ordtnance allows only for vehicles of an environmental or maintenance ~ature, therefore, there ~s r~o cuerent prr,uIsJor! fr,r' a p~mlt for vehicles to serve drinks to the public. He said the question before the Board is whether that Is an activity the Board wants to occur in i~:i,i! Collier County, whether to restrict that activil:y t'o public, public ' and commercial type of zoning beaches or all beaches. j.'ii?.~.Commissloner Shanahah commented that activity s~hou]d be i'estrlcted as much as possible. He said the use of carts should be tJ~] to a vendor, specifically to be allowed on beach property and controls 000.,, 184 Page 81 ' '. June 26, 1991 be placed in order to avoid an unhealthy situation for the '.beach. ~/'"~.'...Commtssloner Saunders que~tioned if an ord.tnance is adopted allowtrig that activity only on Collter County park areas, will the County Attorney's Office be able to draft language to avoid equal pro- .~eCtlOn arguments from hotels, to which Assistant County Attorney · t[Weigel responded in the affirmative. Commissioner VolDe asked ]f tb,ere ]~ ,~ uubllr; ~,~,~,! f~r' tl, l~ typ, of activity? Mr. Olltff replied that both hotels on Marco Island and [:;~h~/'conceesionaire at Tigertall Beach say it is the most popular beach activity. 'Commissioner Volpe suggested that there may be the need for this activity at Lely Barefoot Beach, whlch is three ml.les in length. Commissioner Hasse inquired if there is a restriction in place regarding alcoholic beverages on the beach beyond the high water mark? ,:"~.( ,Assistant County Attorney Weige] adv]~ed th, or~]y County re~trlc- tion is no alcohol is allowed in the park beach areas, but there is no general restriction. '~iiii..:~:Mr. Olliff reported no carts are delivering alcohol on County beaches. He said the two private hotels do so on thetr own private property. .::' ':: :" Commissioner Saunders moved, seconded by Commissioner Shanaban and carried unanimously, to direct Staff to prepare the amendment to the ordinance to permit the use of beverage carts on County park beaches onl¥;:.an~ the concessionaire at Tigertall Beach be given the oppor- tunlt~/.to operate a cart during the hours that Tigertail Beach is op~n'N ~ test perlod until the amendment ls brought before the Board. Commissioner Volpe suggested that Staff obtain input from the Parksand Recreation Advisory Board on this issue. BID N0.':91-1716 FOR AIRPORT-PULLING ROAD PHASE I MEDIAN LANDSCAPING IMPROVEMENTS - AWARDED TO SUNNYGROVE LANDSCAPING, INC., IN THE AMOUNT OF $110,99~.75, AND STAFF TO APPROACH AREA BUSINESSES FOR C0NTRIB~TIONS Transportation Services Administrator Archibald reported this item involves a proposed contract to undertake the landscap,n§ improvements 000 , , 185 June 26, 1991 to a segment of Airport Road. He said this portion of the contract is not funded through gas tax funds or impact fees, rather, it is funded through the County-wide one mill capital fund. He said based upon the low bid submitted by SunnyGrove Landscaping, Inc., Staff is recommen- ding that firm be awarded the contract, and also include a provision to allow Staff to take advantage of a bid alternate. He stated the bid package included some bid alternate items that Involve primarJly irrigation lines. He said the advantage is if Staff has the option to use different types of material, the cost may be r,duced, or larger conduits that would serve dual purposes. He advised the low base bid is $90,871.75, which represents the irrigation and landscaping for approximately 2,1OO feet of six maJoz' median areas. He noted the bid alternate in the amount of $20,125 addresses a series of optional conduits that can be considered. In answer to Oommissioner Volpe, Mr. Archibald agreed that part of the conduits are in place as part of the six-]aning design, howeveT, those that will bring in power were not provided for as part of the construction contract, because no damage or reconstruction occurred to the existing four lanes of Airport Road during the road project. Commissioner Volpe inquired if, under the Adopt-A-Road Program, ;iny of the businesses that have adopted that segment of Airport Road may be willing to contribute plant material? Transportation Services Administrator Archibald mentioned Staff is in the process of revising some of the requirements of the Adopt-A-Road Program. He said some of the deficiencies in that program involve State guide]ine requirements of only hauJnU ]~tter picked up roughly once per quarter. He advised Staff is establishing policies which are mo~e restrict~ve, and they can also ask that cants for the Adopt-A-Road program consider such improvements. In addition, he said, some of the adjacent property owners have been con- tacted. County Manager Dotrill sa~'d a letter can be sent to property owners along Alrport Road and advise them of this beautification pro- June 26, 1991 Ject and ask for their contributions. Commissioner Shanahen moved, seconded by Commissioner Hesse and carried unanimously, to award Bid No. 91-1716 to SunnyGrove Lancl~cmping, Inc., in.the amount of $110,996.75 and Staff directed to discuss potential contributions toward the project from area bus/- neesee mnd the Chamber of Commerce. Item ,9B2 FLORIDA DEPARTMENT OF COMMERCE GRANT APPLICATION FOR ROAD IMPROVEMENTS RELATED TO THK FROPOSED BASEBALL SPORTS PARK - APPROVED SUBJECT TO STIPULATIONS Mr. Archibald stated this item Involves notice received by County Manager Dotrill from the Department of Commerce that Collier County's proposed baseball complex may be ellgtb]~ for grout funds. He said Staff has drafted an application from Collier County to the Department of Commerce for ~hetr consideration regarding the access road to the proposed baseball sports park and the County recreational complex. He reported the application is the first step in the lengthy process of attemptinG to gain $1.75-mi]lion in State fundinG. He said one of the requirements is the creation of jobs as a result of the project, aud another Js that the County will alsr) be contr~but]r~g funds. He advised the County will be expendins funds fo~ des~n, permitting and acquiring rights-of-way fo~ the pro3ect. Commissioner Shanahan pointed out the number of new 3ohs to be created from this project, as shown on the application, ~s not realistic. He also questioned the per capita income shown on the appllc~tion. Mr. Archibald asserted the per capita figures were on a prior application that addressed the rural area of Collier County and will have to be revised. With regard to new jobs0 he ga|d tt ~s lmpr~rtant to realize that benefits to the community will accrue off-site, and Staff has attempted to outline the full-time jobs both on and off- site, and also tried to demonstrate to the Greatest degree p,]s~ible that this project is economically very important to the area. O~ssioner Shanahen moved, seconded by Oommissioner Masse and 000 , 187 Page 84 June 26, 199! carriedunanl~usl¥, to approve the Florida Department of Commerce Grant &Ppllcaiton and direct Staff to process the application subject to the noted stipulations. ***NOTE:APPLICATION NOT PROVIDED TO CLERX TO BOARD OFFICE*** 188 June 26, 1991 Item ,gD1 NOTICZ TO CONNECT TO EAST AND SOUTH NAPLES SEWER FACILITIES - APPROVED AND BUILDINO PERMIT FEE REDUCED TO ~30 Fred Bloetscher, Assistant Utilities Administrator, explained the County is now in the position to begin sending notices to res]dents to connect to the East and South Naples sewer facilities. He ~.td the seven-year firmantillO Is In place, and two contracts are substantially complete with large sections of the other three aisc ready. He pro- posed that Staff begin sending out 100-200 notices every 10 days for the next six months to keep the workload manageable. Mr. Bloetscher mentioned a related issue is previous discussion by the Board regarding a possible reduction ~n the plumbing inspection fee. He noted this pro3ect may put a strain on the plumbing inspec- tor, and Development $~rv~ces ~s requesting the addition of a tem- porary inspector to handle this project of 6,000 co~]~ct.]on~ in next six to nine months. Commissioner Volpe questioned if the County will provide a pre- approved list of people to do the connections7 County Manager Dotrill replied when the Marco Phase I and II sewers were tied in several years ago, the County provided a suggested list and apprnxlm~]te pric~s per llnea] foot. H,~ s~i,] that was done at the request of some of the civic organizations to protect against price gauging. He suggested for this pro3ect that, through the Contractors Association, the County solicit plumbers who would agree to make the installations at a set price per lineal foot ~n order that the public know what an expected cost will be. Heywood Boyce, Compliance Services Manager, indicated a ]~st has been prepared of State certified and Collier County competency card holders for master plumbers authorized to do th~ wo~. In re~por,~e to Comml~tu[,er Volp~, Mz', B,)yce indicated it may appropriate to consider a 10-20~ discount based on the volume of per- mits associated with this project, however, there is a cost associated with the temporary employee being requested. Page ~6 June 26, I991 Commissioner Shanahah commented the most complaints he has received have been about the inspection costs. He said people feel the County insists a licensed master plumber do the connections, and then charges for inspectinG that l~censed plumber. He repelfred there are many unhappy people who are having a difficult time meeting all these obligations and will be hard pressed to pay these costly. He indicated he wants to be fair and take ~nto consideration the economic condit~on of many people ~nvolved ~n this situation. Mr. Boyce advised that all licensed master plumbers do not always do the Job themselves. He referred to a portfon of the proposed letter to the homeowner which authorizes the owner to do the ma3or~tY of the p~pelfne, stating It Is very important when connecting to a utility system, to give that work the full,~ ]n~£,,~c[lon po~s[I)],. H~, added the fnspectton fee may be reduced to $30 from $42. ' Commissioner Hesse asked if the County will Inspect the septic system abandonment at the same time? Mr. Bo¥ce advised septic tank abandonment ks covered by State law through HRS, and Collier County Building Code does not cover that Inspection because it Is redundant to the State's requirement. In answer to Commissioner ~asse, Mr. Boyce replied that the State does not have the manpowe~ to do the inspections. He said after lengthy d~scuss]ons w~th HRS, their feelinG ]s that a septic tank dratnf~eld ~n operation is far more of a health hazard than one that has been abandoned. Commissionem Saunders mentioned the ~mpact fees for various struc- tures as stated fn the proposed lette~ are unclear. He also suggested the Introduction to the letter be made more friendly. Commissioner Volpe recommended that the buf]dln~ permit fee be reduced to $30, adding that homeowners should be advised of the ~educ- tion. Mr. Boyce ind~cated the servfce can be provided for $~0. Mr. Boyce next explained the need for an additional temporary employee to handle the on-site inspections. He said ~5 quality Page 87 Suns 26, 199I 'inspections can be done by one person each day, however, County :!..'.Anspectors have been sustaining 32 inspections per man per day for a period. He advised thts project will demand between 20 and :~, 40 inspectfons each day. :(',~.' i.¢onmtsstoner Shanahah asked what costs will be incurred to hire ~h~:~mmporary employee, to which Mr. Boyca replied that even at a reduced rate, $68,000 can be generated In this n{n.~ month period to cover the costs of salaries and other requirements, such as a rental ~'~:~.H~ estimated that a rnt.ir.d m.~ter plumb. v c,~n be hired k:Jto $20 per hour. Commissioner Saunders suggested the work be done in-house with extra help hired if necessary. Co~a~laaloner Volpe moved, seconded by Commissioner Saunders and cartled un~nl~ouely, to approve sending to homeowners notAces to con- 'nect(to:the last a~d South Naples sewer project, and that the bulldAng :~-?::' per~it.:,b~' reduced to 830. Xtu- ~9D$ co rrrNa CORPSe?tON APPRov n AS UTrr. W Srr. SOftWARe- Mr. Bloetscher explained the Productivity Committee has recom- mended that the Utility computer system, rather than maintaining a '~"i(.'...8tand-alone system, should merge with the Clerk's system. He said Staff has reviewed a number of software vendors ~n order to make the conversion from the current IBM System 38 to either the Clerk or ~;. County:Manager system. He conclud~,d with Sta£f'~ r,~,commendat Ion that Network Computing Corporation be selected as the preferred vendor to purchase approximately $60,000 In softwar... ~?..~ .Inanswer to Commissioner Volpe, Mr. B]oet'sch~.r r,p]led thin pllrchase is for software to convert the Utility system to the system betn{~ ut:ilized by the rest of thr~ County. Ron Cook, Utilities Finance Dfrector, said thls is a package already. developed that will take care of bllling, cash payment~ and · everything involved in operating a t;ttlltles syst,m. He a,]vJ~,ed that June 26, 1991 five packages were reviewed and were narrow.d ,]r)w[I [o tWO, which would have fulfilled the needs. He said the system proposed complete and all that ks necessary ]s to migrate [h,? flies f~om the IBM System 38 over to a Digital system. Commissioner Volpe questioned if it is premature to purchase this billing system for $60,000 when the County Js almost at a point where, within the next six months, there will be a utility fee and a blllJng mechanism? He asked if this software has the ability to pick up that aspect7 Pat Hanifin, Data Processtng/MIS Dir.ctor, .xr,]a~ned th[~ product has the ability %o provide services for Utility billing, stormwater franchise fees and any other utility typ~ fees. He said this applica- tion can handle as many as 99 services. Mr. Cook continued, stating this is Phase I of a two-phase pro- ~ect. He said Staff w~11 present another request for purchase of additional equipment for th~s software package to run on which will be housed on the computer in the Clerk's MIS Department. In response to Commtsslone~ VolDe, Mr. Cook sat(! that equ~pmen~ will cost approximately $140,000. Clerk Giles c¢~mmun]cat-¢1 the current Utl]it'¥ system has been outgrown, and the prelim~nary cost to upgrade ~t to a larger system will be $~75,000 Just for the hardware. In answer to Commissioner Shanahah, Mr. Cook advised when the budget was prepared for FY91, funds were included for this expen- diture, however, tt was requested that this request be removed and come back to th[~ Board at such time the Utlllty Department was runn~nG out of space on the IBM System 38. He noted the system ts currently at 5~ and the East and South Naples sewer project will cause a major Finance Director Yonkosky reported the funds are in the Utilities ~eserve for contingenc~es fund. Coll~ls~oner Sh~an moved, seconded by Commissioner Hesse and CaL~ed UnaLnl~.~usl~, to approve the select,on of Ne~o~k Comating Page 89 ,.Tuns 26, 1991 Corpox~tton u the Utility billing aoftware vendor in an amount not to &l~,[~]lI:~l~:~ NO. 2 TO THE EFFLUENT IRRIGATION AGREEMENT WITH ROYAL PALM COON"I'I~ CT, UB OF NAPT.,ES, INC. - APPROVED Mr. Bloetscher explained this item was removed from the consent agenda because, originally, the exhibits were not attached. He said a question has also arisen regarding reimbursement. Assistant County Attorney Richard Yovanovtch reported a question came Up whether it would be valid to provide services to a golf club and seek reimbursement from them. He said the purpose of this agreement is to relocate the tank site off the golf course. He Indi- cated he has contacted the golf club and worked out an arrangement that they will deposit the money in an interest bearing account with the County for the construction and engineering costs to relocate the Co~dssioner Volpe moved, seconded by Conuatsstoner Saunders and c~ri~d unanimously, to approve Amendment No. 2 to the Effluent Irrigation Agreement with Royal Palm Country Club of Naples, Inc. Page 90 June 26, 1991 Item~D~ NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER IMPACT FEE BETWEEN WINDSOR PARK PROPERTIES 4 AND WINDSOR PARK PROPERTIES 5 AND THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICI0 THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT - APPROVED Assistant County Attorney Yovanovich reported this item, along with Item #9D6 are basically the same issue. He said Windsor Park Limited Partnership approached the County to finance the impact fees for Southwinds Mobile Home Park on Radio Road. He advised having been contacted by Windsor Park, because the due on sale clause contained in the Count¥'s standard agreement would cause a hardship on the tenants if the partnership sold the park. He said they req.uested the clause be eliminated from this agreement. He reported, in lieu of omitting that clause, he recommended to them that the County provide a letter saying the due on sale clause will not be enforced provided the purchaser of the park agreed to be bound by the terms and conditions of the clause, in particular, that they would pass through the bene- fits of the additional financing to the tenants. He said they have agreed the letter will suffice. Commissioner Saunders moved, seconded by Commissioner Hasse and carried unanimously, to approve the Notice of Promise to Pay and A~reement to Extend Payment of Sewer Impact Fee between Windsor Park l~roperties 4 and Windsor Park Properties 5 and the Board of 0cunt¥ Page 91 June 26, 1991 NOTI~ OF P~OMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWI~R IMPACT F~E BETWEEN WINDSOR PARK PROPERTIES 4 AND WINDSOR PARK PROPERTIES 5 AND THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS T~E G(IVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTYWATER-SEWER DISTRICT - APPROVED Dlscusslon of this item was heard ~n conjunction with Item #9D5. Co~jssJcrnar Saunders moved, seconded by Commissioner Hasse and carried unanimonsly, to approve the notJce of Promise to Pay and A~raemnt to Extend Payment of Sewer Impact Fee between Windsor Park PTopertJes 4 and Windsor Park Properties 5 and the Board of County Commissioners. 00o 203 Page 92 3une 26, 1991 Item WAIVEI~ OF THE COUNTY'S FORMAL COMPETITIVE SEALED BID PROCESS FOR THE PUR~HASl OF UNIFORM~ FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT ON THE BASIS OF FORMAL QUOTATIONS - APPROVED IN AN AMOUNT NOT TO EXCEED s, 0o Jay Reardon, Emergency Servfces Administrator, requested that the Board increase the level of a purchase order for uniforms, from the current estimate of $6,400. John Keschl asked if Collier County companies were called for pri- Ces?, Mr. Reardon responded that he is not sure If Martin's Uniform Is a local buslness, however, Collier County ha~ b-,n d¢~ln~; buslnesm wit]. them for yea~s. Mr. Keachl suggested that local companies be 91yen an opportunity within the process of competition. In answer to County Manager Dotrill, Mr. Reardon replied Martin's Uniform provided the lowest quote. C~isstoner Sh~ moved, seconded by Co~isstoner Saunders ~d =~rl~ ~l~sly, to waive the County's formal competitive bid pro- case for the ~rchase of ~tformo for the Emergency Medical Services ~mr~t ~ the bas~s of for~l ~otat~ons ~ncreas~ng the curren~ ~c~. order to $8,500. WA~ 0F OO~ETITI~ BID ~OOESS FOR ~E SOLE SO~CE EXPEditE OF C~CATION$ ~AIR ~ ~I~CE ON ~GEN~ C0~ICATIONS EQUI~ FOR ~ COX'S ~RG~ ~DICAL SERVICES DEP~~ - A~ IN ~ ~0~ NOT TO EXCEED $12,000 A~ STAFF TO USE NAPLES ~ WAY ~I0 ~R ALL NQN.,~RGENCY/WA~ WORK for mobile hand-held pagers for Emergency Medical Services. He said advised that his department is required, under the Advanced Life Support Llcensure with the State, to maintain radios and have the capability so that no ambulance Is operating without a radio at any point in time. He added that most of the equipment assigned to opera- tional units is Motorola by design. He said the question then arises, who Is the authorized agent for the equipment? He said certainly Page 93 $une 26, 1991 Motorola is and local vendors are not. He mentioned phone quotes were ~.. received for these items from five local vendors asking to provide the ~ervice. 1{~ ~dvi~.d that Mntornl~ Ir~ th. merit .xl~onnlv., they are the only authorized agent, and they also provide 24-hour ser- ViCe. He A~ked that the ~p~ndlng limit b~ I.cr~a~d to Mot~'oln the sole source local authorized agent because of many radio break- downs. He asserted his department has not purchased new radios during i~' the past years because of budget cuts, therefore, have had to take spare radios and put them in units. Comm~ssioner Shanahah commented approval of this request will ' - increase the current purch&s~ order from $6,§00 to In answer to Commt~s]oner Shanahah, Mr. Reardon ~tate¢! if another vendor is selected who cannot provide 24-hour seuvic~ and they keep the unit for an extended p.riod of time because they do not have the ~-' schematics to fix the radio, the unit will be put out of service. .' Commissioner Hasse asked for the difference in price between :~ Motorola and the other local vendors? Mr. Reardon responded the Motorola rate is $75.50 per hour, ABC Electronics chose not to quote, Naples Two Way Radio is $45 per hour, Custom Communications is $65 per hour and Naples Communications is $45 per hour. ~ Commissioner Volpe asked if there is a serious problem with the equipment that requires this expenditure for the short period of remaining in this fiscal year? Mr. Reardon said they no longer have the back-up capability. He tnd~cated that some of the requested increas~ is owed to Motorola for units already repaired. ;'. Commissioner Shanahan communicated his doubt that the technicians '~ employed by Motorola are $30 per hour more qualified than those ~!' employed by Naples Two Way Radio. County Manager Dotrill recommended that Motorola continue to be used for warranty and emerGedicy work and explore doinG routine repair work with another vendor to see how that arrangement w~11 work out between now and the end of the fiscal year. Page 94 June 26, 3991 Comm/sstoner Shanaban moved, seconded by Co~mtestoner Haese, to utilize Naples T~o #&¥ Radio for all non-emergenc~ repair ~ork to they c~ pr~tde the se~tce at $45 rather t~ $75 ~r County Manager Dorrtll asked how the Sher]ff's Offfce handles th~s situation7 Deputy Kevin Nelson replied the Sheriff employs a radio technician who handles some of the work. County Manager Dotrill suggested that a possible Joint venture be arranged with the Shertff's Office. U3~on call for the quest/on, the motion carried unanimously. In response to John Keschl, Finance Director Yonkosky stated the full amount for a communications system contract was expended for radio and related equipment. He said no money was appropriated for purchase of a tower, which was intended to be a lease arrangement with Collier Corporation, however, that tower was never built. Commissioner Saunders moved, seconded by Commissioner Shanahah and c~L~rtedun~ntmousl¥, to waive the competitive bid process and ~athor~e the sole source expendttnzre of communications repair and m~tel~mnce on e~ergenc~ communications equipment for the Count¥'s E~rz~enc~!~edtcal Services DeparHment, tn an amount not to exceed $12 , 000 .'m:: STATU~ KEPORT ON TH~ COMPLETION OF FLOORS 5 AND 6 OF THE COURTHOUSE - Tom Conrecode, Office of Capital Projects Management Director, reported in August, 1990, the Board directed Staff to complete the Interior to the fifth and sixth floors of the Courthouse to accom- modate the Clerk of the Courts and Court related functions. He said construction was completed ahead of schedule and under budget in April, 1991. He noted the furniture ~nstallation was completed on June 14th and was accomplished at $206,000 under budget as a result of the new furniture contract. He mentioned the move, scheduled for July /st, includes the Clerk of the Courts, Jury Assembly, Court L]aison, Page 95 June 26, 1991 the official Court Reporter, Arbitration and Mediation Departments, Probation Department, Witness Management and the new Law Llbrary. Co~teetoner Shanaban moved, eeconded by Coulssioner Rasee and carrtedm~ni~ouely, to accept the status report on the completion of the fifth and sixth floors of the Courthouse. ~ ORDER PROVIDING FOR ADDITIONAL SERVICES NITH COASTAL · ~11II~ERIl~ CONSULTANTS. INC. REQUIRED FOR THE CONTINI/ATION O~ THE ~II~IN~ &OR~I~NT ~OR PRO~ESSIONAL SERVICES RELATED TO CONSTRUCTION O~ T]~ WIGGINS PASS I~AINT~TANCE DREDGING PRO~IECT - APPROVED IN THE ~ OF Commissioner Volpe asked why this contract is being doubled for the engineers to complete the project? Mr. Conrecode explained that Wlggtns Pass Conservancy paid for a portion of the design, which Is not Included as part of the County's $45,000 contract. He said $36,000 worth of engineering work was done and paid for separately by the Conservancy. He added that the origi- nal contract allowed for reimbursement of expenses if the work went beyond January 1, 1991. He said the work continued up to May 1st and $12,000 of the requested Increase is related to that work, with the remaining amount related to the re-lay out of the design. In response to Commissioner Volpe, Mr. Conrecode stated if the County wants to complete the work, the engineer must re-lay out the channel, calculate the sand volumes and put the bid documents together in order to go back out to biff. Commissioner Saunders asked how much this proJ-ct will cost If the County Is not successful against the surety, and where will the money come from? Mr. Conrecode replied the esttmate presented to the Board in May was that it would cost an additional $114,000 to re-do the project, which Staff has recommended be funded f~om Fund 19~, th~ one mill capital fund. He added there may be the possibility of obtaining funds through the Tourist Development Council. In answer to Commissioner Hesse, Mr. Conrecode said the contrac- tor, Energy Resources, Inc., was found In default. June 26, 1991 Co~lesioner Volpe moved, seconded by Cosmisstoner Shanahen and c~ried unanimously, to approve the change order provid~ng for addt- tion~l ~vlc~ related to construction of the Higgins Pass M~tnt~mcw Dredging Project in the nount of $52,466.30. ***NOTE: CHANGE ORDER NOT PROVIDED TO It~:.#llll · CLERK TO BOARD OFFICE*** C~ss~ner Shanahah moved, seconded by Commissioner Hesse and ¢ax~ied mtml¥, to adopt Budget Amendment 91-239. ~gRTIFICAT~ OF AC~HI~VEMEq~f AWARD FOR gXGELLENCE IN FINANCIAL REPORTIN~ - Clerk Giles Introduced Mr. Damon Adams, representing the Government F~nance Officers Associatlon of the United States and Canada. He noted Mr. Adams wfll p~esent Certificates of Excellence which are be~nG awarded for the third consecutive year. Mr. Adams Gave tribute to the expertise and high deG~ee of pro- fesslonal~sm of the F~nance Staff of the County, and presented the Dlstingutshed Budget Award Presentation and the Certificate of Achievement fo~ Excellence ~n Flnancial Recording to Chairman Goodnight. He followed with a presentation to Finance Dlrector Yonkosky for brlng]ng about recetpt of the Certificate of Achievement for Excellence fn Ffnancfal RecordinG. THE U~ OF CONFISCATED T~UST FUNDS TO I~IRCHASE INVESTIGATOR COMPUTER E~IIFMENT -- A~~ IN ~ ~0~ 0F $78,300 Mike Ryan, Captaln ~n charge of Detectfves with the Sher~ff's Office, asked for Board appFoval to move funds f~om the Conf]scated Trust ~nd to purchase computers and related software for detectives. He explained that tlme can be saved wlth lap-top computers in the fleld, because investigators w~11 be able to generate their reports In the field and money will also be saved without the need for clerical staff tO type the reports. He added the quality of the reports wllI be considerably better due to the ablltty of lap-top computers to pro- vlde lnformatlon concerning course~ of actlon for the on-scene detec- Page 97 June 26, 1991 rive to take. In response to Commissioner Shanahan, Captain Ryan indicated that although there are 100 people working in Investigations, the Sheriff is requesting only 25 lap-top computers to ensure the success of the system. Co~tutonsr Volpe moved, seconded by Commissioner Shanahah and cmxTtedunmntmousl¥, to a~rove the use of Confiscated T~ust F~nds to puxchmse Investigator computer equipment in the amount of $78,300. · ee.:Co~mtutoner Shanmhan moved, seconded by Commissioner Hasse mnd c~ted unanimously, that the following items under the con- ~ent'm~enda be alproved and/or adopted: ''' .THE FINAL FLAT OF "THE ESTATES OF MONTCLAIR PARK" - WITH STIPULATIONS That the final plat not be recorded until the required impro- vements have been constructed and accepted or until approved security is received for the tncompleted Improvements and that construction shall be completed within 36 months of the date of titis approval. Authorize the Chairman to execute the Construction and Maintenance Agreement. That no building permits be Issued until the final plat is recorded. See Page. Item ~16A2 RESOLUTION 91-472 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AIqD SEWER IMI~ROIFK~TENTS AND RELEASE OF THE MAINTENANCE SECURITY FOR "CRYSTAL LAKE RV RESORT PHASE ONE" See Page RESOLUTION 91-473 APPROVIN~ FOR RECORDING THE FINAL PLAT OF 'CO~;HATCKKK RIVER TRUST P.U.D." AND GRANTING PRELIMINARY ACCEPTANCE OF TH~ ROADWAY, DRAINAGE, WATER AND SEWER IMPROVKMKNTS - WITH Accept the Cash bond (posted with the Finance Director) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. Authorize th~ record.ing of tho ftna] plat of "Cocohatch,, River Trust P.U.D." Preliminary acceptance of the improvements will not become effective until water and sewer facilities have been conveyed to Collier County Water-Sewer District. Page 98 June 26, 1991 That the Developer shall post a bond or pay Transportation Services to ensure that the required street l~ght at the pro- Ject entrance will be Installed. See Page ~_~/ FINAL P~tT OF "AIRPORT ROAD Su~..D.!V.lS!0N" -.WIT~ STIPULATIONS That the final plat not be recorded unttl the required impro- vements have been constructed and accepted r)r until approved security Is received for the lncomp]eted Improvemet, rs and that construction shall be completed wtthln 36 months of the date of this approval· Authorize the Chairman to execute the Construction and Maintenance Agreement. That no building permits be issued until the final plat Is recorded. Prior to issuance of staff approval letter to applicant, the South Florfda Water Management District permlt ~nodlflcatJon approval shall be provided. FACILITIES ACCEPTED FOR LONGSHORE LAKES, PHASE III - WITN~TIPULAT!ON~ The water and sewer facilities to serve the project canm~t be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems into service, and; Bacterfological testing has met the County's requirements, and; The Fire Flow requirements of the pr~3ect have been satisfied, and the Fire District furnishes a letter acceptlng the fire hydrant for ownership and maintenance. See RESOLUTION 91-474 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF ~LON~RE LA.K~.~ UNIT THREE" - WITH STIPULATIONS Accept the irrevocable Letter of Credit and Surety Bond as security for maintenance of the ~nfrastructure until the Board of County Commlssfoners grants final acceptance of all Improvements. Authorize the Chairman to execute the Maintenance Agreement. Preliminary acc~ptanc~ of lmprov.me~[~ will not beeore. elf-c- tire until wate~ and sewer facllltles have been conveyed to Colller County Water-Sewe~ DlstP]ct. Page 99 June 26, 1991 :~,~'- #&T~lt F&C~L~TIKS ACCEPTED FOR B~RKSHIR~ C0~ONS, 1. The water facilities to serve the Into servfce and no Certlftcate of occupancy shall be issued until the Florida Department of Environmental ReOulation ntsh.~ a 1.tter ~pp~ovlng the w.t'er dl~t~lbutlon syatem for servtce. 2. Bacteriological testing has met the County's requirements. 3. The Fl~e Flow ~equt~ements of the project have been satisfied, and the Fire District furnishon a letter accepting the fire hydrant for ownership and maintenance. MAT~ ~ SKWER FACILITIES ACCEFTED FOR ~ASSY ~0DS AT BRETO~ P~, ~S~ ~l - ~ STZ~ATZO~S 1. The water and sewer facilities to placed into servtce and no Certiflcate of Occupancy shall be issued until th~ Florida Pepa~tm.nt ,)f Environmental Regulation furnishes a letter authorizing the placement these systems fnto servfce, and; 2. Bacteriological testlng has met the County's requirements, and; 3. The Fire Flow requirements of the project have been satisfled, and the Ffre District furnishes a letter acceptinG the ftre hydrant fo~ owne~ship and malntenance. OR Book ~ Pages RESO~ZOR 91-475 ~RG ~K~M~RARY ACCK~ARCE OF TRK ROA~AY, ~NA~E, MAWR A~ S~R IMPROdENTS FOR THE FINAL PLAT OF 'EMBASSY ~ODS GOLF ~ C0~Y CL~ AT BRETO~ PA~, P~SE 1. Accept the E~cro~ Agreement (posted with the Clerk) a~ security for maintenance of the infrastructure until the Board of Count~ Commissioners grant~ final acceptance o[ all lmprovements. P~eltmlnary acceptanae of ~mp~ovements will not become effec- tive untll wate~ ~nd sewe~ facilities have been conveyed Collier County Water-Sewer Dlstrict. See Page 8~7 ~ ~ ~T OF "~DI$O~ ~A~" APPenD FOR RECORDING - 1. Accept the t~revocable Lette~ of Credit and personal Bond as security to guarantee completion merits. 2. Authorize the Chairman to execute the Conr~tructfon and Maintenance Agreement. June ~6~ 1991 That no Certificates of Occupancy be granted untfl the re?'[red improvements have received preliminary acceptance. See Pages It~. #16&11. T~ F~RAL PT~AT...OF "WILSHIRH LAICES, PRASE....ONE" - WITH STIPULATIONS 2o That the final plat not be recorded until the required impro- vements have been constructed and accepted or until approved security is received for the incompleted improvements and that construction shall be completed within 3S months of the date of th], approval. Authorize the Chairman to execute the Construction and Maintenance Agreement. That no building permits be issued untll the final plat is recorded. See Pages., ,~' ~& ~ THE FINAL PLAT OF 'EMERALD LAKES AT BRIDGET LAKE UNIT FOUR' APPROVED FOR R~CORDING - WITH STIPULATIONS Accept the Surety Bond as security to guarantee completion of the subdivision improvements. Authorize the Chairman to execute the Construction and Maintenance Agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. Prior to plat recordation, a copy of the recorded temporary off-site drainage easements to accommodate the on-site drainage shall be provided to ProJ,~ct Review Services and referenced on the plat. See Pages ~TE~..FACILITIgS ACCEPTED FOR EDISON COMMUNI~ COLLEGE - WITH The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Departm,nt of Er~vJronmenta] ReGu]atJon furnishes a letter approving the water distrlbution system for service. Bacteriological testing has met the County's requirements. The Fire Flow requirements of the project have been sat~sfied, and the Fire District furnishes a letter acceptinG the fire hydrant for ownership and maintenance. mechanic prior to use. Approved test results of backflow device by State certified Pag,? $une 28, ~99~ LAKES UNIT SIX# - WITH STIPULATIONS That the final plat not be recorded until the required fmpro- vements have been constructed and accepted or unt]! approved security is received for the tncomp]eted improvements and that construction shall be completed within 36 months of the date of this approval. Authorize the Chairman to execute the Construction and Maintenance Agreement. That no building permits be issued until the final plat is recorded. A ~UITCLAIM DEED FOR PETITION AV 91-002, BUTLER ENGINEERING, INC., AS AGENT FOR ARTHUR CANADA & ASSOCIATES, INC., REQUESTING TH~ TERMINATION OF A PORTION OF THE UTILIT~ EASEMENT UNPLATTED, LOCATED IN SECTION 15, TOWN~HIP 40 SOUTh, RANGE 25 EAST AS RECORDED IN THE OFFICIAL RECORDS BOOK 932 ON PAGE II09 OF THE PUBLIC RECORDS OF COLLIER.COUNTY, FLORIDA It~16B2 See Pages 77- TRJtN~PORTATION SERVICES DIVISION TO PROCURE PROFESSIONAL ENGINEERING SERVICES TO FULFILL DESIGN, RIGHT-OF-WAY AND PERMITTING REQUIREMENTS FOR MULTI-LANING IMPROVEMENTS TO AIRPORT-PULLING ROAD (CIE NO. 039}, ~00D~'I'II-FRANK ROAD (CIE NO. 0~0}, PINE RIDGE ROAD (CIE NO. 041} AND VAND~qtBI~T BKACN ROAD (CIE NO. 042) ACCEPTAI~L'E AND RECORDATION OF THE FINAL ORDER ISSUED BY THE FLORIDA DEP~ OF NATURAL RESOURCES FOR A COASTAL CONSTRUCTION CONTROL LINE PERMIT RELATING TO PREVIOUSLY CONSTRUCTED PARKING LOT AND ROADWAY IMI~R~ AT THE COUNT~'S BAREFOOT BEACH PRESERVE PARK FACILITY, INCLUDING APPROVAL OF MINOR ADMINISTRATIVE FINE :~.'. Ite~.#16M moved to #9B2 I~**::. ~..~ REALLOCATIRG FURDS BY PRO3~CT W/THIN ROAD I~PACT ~.. DI~~ 5, 6, 7~ 8 ~ 9 (~,335, 336, 337, 338 ~ 339) 1t~8~6C1 ~ ~ T.E.C.H. TO ~O~DE ~DICAL ~SPORTATION ~R CLIE~S OF ~I~ ~ S~CES ~R S~IORS Item#16C2 RENEWAL AGREEMENT WITH AREA AGENCY ON AGING FOR CONTINUATION OF COMMIIRITT CARE FOR TH~ ELDERLY PROGRAM Page 102 AREA A~ENC~ ON A~IN6 FO~ CONTINUATION OF Zt~a.. #16D4 ~ NO. I TO THE PROFESSZORAL SERVICES AGREEMENT WITH ROLE, M~ ~t ASSOCIATES, INC., FOR GOLDEN GATE WELLFIELD EXPANSION - IN THE AMOUNT OF Iten#16D~ FACILITIES ACCEPTED FOR LAKESIDE OF NAPLES AT CITRUS ~--~ITRSTIPUT, ITIOR 1. The receipt of a Qu/t Clafm Deed from the City of Naples to the County. oR ook{ ,6 3 Pa es a/ -a RKL~3RT T~ THK BOARD OF ~0~ ~SS~O~S ~O~I~G ~ SA~K A~ It~.~6E2 ~d to .~l:deleted It~:.~ deleted IT~:~6F3 deleted It~ ~Y5 ~ to ~9F2 ~ ~ ~. ~-S WIH JO~0N ENGInERING, INC., ~ ~ ~ ~~ ~R CO~TING SE~CES FOR I~IAL ~ST/~RL DIT~ R~ATI~ ~0~ - IN ~ AMO~ 0F $~3,..893. WOl~:.I:YRDKR NO. JK-2 W/TH JOHNSON KNGINKKRING, INC., URDKR CURRKNT AN~ALCONTRACT FOR CONSULTING SERVICES FOR A FF. ASIBILITY DRAINAGE STUD~ ~]~..~MERA GOLF ESTATES UNIT IV - IN THE AMOUNT OF $9f900 June 26, 1991 I~SO~UTI0~ 91-476 RECRF.~TING THE AD H0C GROUND WATER PROT~CTION TE~CAL ~ISORY CONNITTEE AND REAPPOINTING JACK L. ABNEY, STEVE MF2tN~f ~L~NN SINI~SON AND JON C. STAIGER AS ITS MEMBERS See P.ges 7.7 THE K~.OT~i~ & ~CATION A~ WAS~ TIRE QUARTERLY G~ RRPORTS See Pages ~AFF ~O PRI~PARE AND IS~IIE A s~Q~ST ~ ~OPOSALS~ TO ~P~E A ~~ ~~I~/E~IRO~~ WATER ~AG~ BASIN PL~ FOR ~ ~ R~ ~ION BASIN, AP~I~ A SELECTION C0~IT~E ~R SHORT LI~ ~ ~S~ING CO~T~ ~ THE ~C~SING ~LI~ V~IED BY A~RIZI~ ~ SELE~ION CO~I~RE TO PROVIDE A ~D LISTING OF ~ ~TA~ It~.#lSH1 UTILITT EASEMENT FOR INSTA~ATION OF AN ELECTRICAL SERVICE LINE BY FLORIDA POWER AND LIGHT, IN~., TO PROVIDE ELECTRIC POWER TO THE Itea 916H2 postponed IKIIXtET-.~ IN T~E AMOUNT OF $12,000 TO COVER COSTS OF OPERATING .~ IN TH~ COURTYMANAGEReS BUDGET It~,91~114 ~ to ~9H8 ~AI~ A~R~N~NT FOR PROFESSIONAL SERVICES WITH THE JOINT ~ OF HDLZ, NONTES & ASSOCIATES, INC., AND WILSON, MILLER, BARTON & PEEK, IN~., FOR THE PINE RIDGE INDUSTRIAL PARK AREA IMPROVEMENT ASSE~SIq~r~ DISTRICT - IN THE ESTIMATHD AMOUNT OF $304~200 .. See Pages ~~ '~ RESOLDTION 91-477 PROVIDING P0R A MODIFICATION OF THE STIPULATION AGREEMENT OF T~E PROVISIONAL USE FOR POLYMER RESEARCH AND DEVELOP~ENT CORPORATION AT TN~ IMMORALEE AIRPORT PARK Itu 91631 CERTIFZCATES OF CORi~KCTION TO TH~ T&X ROLLS AS PRESKNT~D BY TT~ PROFK~FY J~PKAISER* S OFFICE 1988 TAX ROLL *~:-~--.~0. Date 298 6/20/91 Page 104 June 26, 1991 259/264 1990 TAX ROLL 61~2.191-6119191 1990 TANGIBLE PERSONAL PROPERTY 1990-106 6/21/91 Its ,16J MI$~OUS, CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspond.nce was filed and/or referred to the various departments as Indicated below: To BCC from Maxwell G. Battle, Jr., P.A., fax dated 6/11/91 re: Demand for Arbitration; Claimant: Coastal Marlne Construction, Inc.; Bid No. 90-1543, Marco Island Beach Nourishment Pro3ect, Breakwater and Groin Construction. Copies to Nell Dotrill, Ken Cuy]er, and ftled. Letter dated 6/6/91 to Chairperson, BCC, from Trudie D. Be]], Environmental Supervisor, Wetland Resource Regulation, Department of Environmental Regulation, re: application for dredge and fill activities; File No. 111979199, Wtggtns Pass Marino Co., Inc. Original to }larry H,{},er, c¢,py to N.$1 Dorrll/, ~rl,i fll,d. Letter dated 6/11/91 to Chairperson, BCC, from Trudle D. Bell, Environmental Supervisor, Wetland Resource Regulation, Department of Environmental Regulation, re: appltcatton for dredge and fill activities; File No. 111980239, Barron Collier Company. Original to Harry Huber, copy to Nell Dorrlll, and filed. Copy to BCC of letter dated 6/6/91 to Coastal Engineering Consultants, Inc., from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation Department of Natural Resources, re: After-the-Fact Permit Approval and Assessment of Admintstratfve Fine; Approval of Governo]- and Cabinet Permit: C0-308 ATFR CF; Permittee Name: Collier County Board of County Commissioners. Original to Harry Huber, copy to Nell Dorrtll, and flied, Memo dated 6/7/91 to BCC from Darrell W. Smith, Administrator, Planning and Budgeting, Department of Revenue, re: Property Appraiser's Budget Request for 1992-93. Copies to John ¥onkosky, Nell Dotrill, and flied. Letter dated 6/7/91 to Chairman Goodnight from Nelson A. Faerber, Jr., Chairman, The District School Board of Colller County, re: Distribution of Racetrack Funds. Copies to BCC, Nell Dotrill, John Yonkosky, and filed. Copy to BCC of letter dated 5/14/91 tr) Advan¢:r~d M~chanica] Syst. em~, Inc., from Joseph R. T, yn¢:h, Pr.sld~nt, Lynch Construction of Naples, Inc., re: Frank Mack]e Community Park. Copies to Nell Dotrill, Murdo Smtth, and filed. CCPC Agenda for 6/20/91. Filed. Golden Gate Parkway Beautiflc~tlon AdvJ,ory Committee Agenda for 6/11/91 and Minutes of .5/14/01. Filed. 10. Letter to Chairman Goodnight from Tamara D. Arnold, Director of Utilities, Naples Sewer Company, Inc., re: intent to file 11. 13. 14. 16. 17. 28. 19. 20. 21, 21, June 26, 1993 for a Rate Increase with the Florida Public Service Commission. Copy to Nell Dorrlll, and filed. Copy to BCC of Notice of Nonpayment dated 6/10/91, to H.D. Rutledge & Son, Inc., from B & I Contractors, Inc., for plumbing work at the Collier County Nealth Services Bul]din~. Copies to Nei] Dotrill, Steve Camell, John Yonkosky, and filed. Nottc, to Owner dat-d 6/5/91, to BCC from Bonita L]m~,~tone Trans, Inc., under an order Given by M D Hatwell Excavating, for materials, dump truck and equipment services for Dotrill, Steve Camoeli, John ¥onkosky, and filed. Preliminary Notice to Owner dated 6/30/91, to BCC from Computer Support Products, Inc., under an order Given by S. L. Page Corporation, for Liebert equipment for the Collier County Library, Central Avenue. Copies to Net] Dotrill, Steve Camell, John Yonkosky, and filed. Notice to Owner dated 5/31/91, to BCC from Snydergenes'a] Corporatlon, Commercial products Group, unde~ an o~der given by S. L. Page Corporation, for air conditioning equipment, Cop]es t'o ~;e]] Dorrt]], Si~v~ C~:n~' l, i~::r~ ?onkc~sky, and filed. 910532-SU; Orde~ No. ~4656; Issued: 6/~1/9~, re: Order acknowledging sale of W~l~demere Services, Inc., to County Utilities Division and closing docket. Cop]es to Dotrill, Fred Bloetscher, and filed. Before the Florida Public Service Commission, Docket No. 900984-WS; Order No. 24663; Issued: 6/6/91, re: Application of North Naples Utilities, Inc., for amendment of Certificates No. 46~-W and 398-S in Collte~ County, Florida (Quail West I). Copies to Netl Dotrill, F~ed Bloetscher, and filed. Notice of Hearing Before the Florida Public Service Commission, to All Investor-Owned Electric and Gas and All Other Int:erer~ted Persons; Tt~{u,~d: 6/7/91; Docket Nos. 91OOO1-EI, 910002-EG and 9:0003-GU. Copies to Netl Dorrtll, Fred Bloetscher, and filed. Dated 5/23/91, Amended Petit/on for Writ of Certiorari, Case No: 91-0695-CA, O'Sheas Restaurant vs. Board of County Commissioners. Filed. Dated 6/4/91, Petition for Writ of CertJorari, Case No: 91-1947, O'Sheas Restaurant rs. Board of County Commissioners. Filed. Dated 6/14/91, Notice of Hearing re: Case No. 91-1947-CA-OI-WLB, O'Sheas Restaurant rs. Board of County Commissioners. Copies to Nell Dotrill, Ken Cuyler, and filed. Letter dated ~O/I6/90, to Commissioner }{asse from John R. Wodraa~a, EKor'll! IV- nlr.~l,,r, ~,~tll~ rl,,t.l,l~ W~,I,~. Management D]str]ct's adopted F¥91 Budget. Filed. To BCC dated 6/6/91, from Harold Jones, United States Trustee, Southern Dtstrtct of New York, United States June 26, 3991 Bankruptcy Court, re: in Proceedings For A ReorganlzatJon Under Chapter 11; Case No. 91B 11625 (BRL), Jointly Administered. Filed. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair at 11:00 A.M. on June 26, 1991. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL PATRICIA ANNE GOODNIGHT, C~HAIRMAN ~: :f; ~ m~.~.l~tes-'appr.~.~ved by the Board on ent or as corrected