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BCC Minutes 02/12/1991 R Naples, Florida, February 12, 199! LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and al~o acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGUL/LR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Patricia Anne Goodnight VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahah Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: James C. Giles, Clerk: John Yonkosk¥, Finance Director; Annette Guevtn and Wanda Arrlght, Deputy Clerks; Nei~ Dotrill, County Manager; Ron McLemore, Assistant County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuy~er, County Attorney; David Welgel, Assistant County Attorney; Mike McNees, Management & Budget Director: George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Administrator; William Lorenz, Environmental Services Administrator; Mike Arnold, Utilities Administrator; Fred Bloetscher, Assistant Utilities Administrator; Ken Baglnskt, Planning Services Manager: John MadaJewskt, Project Review Services Manager; Ron Ntno, Bob Lord, Bryan Milk and Wayne Arnold, Planners; Sue Ftlson, Administrative Assistant to the Board; and Deputy Gary Young, Shertff's Office. ooo ol Page ~ ,: .Tape #! ::..: ' I'l:eu #3 A(]KIIDA - APPROVE~ M:I:TH CHAH(]:KS February 12, 1991 Contestonsr Shanahah moved, seconded by Couisstoner Hasse and c~rr~ed unanimously, that the agenda be approved with the following changes: 1. Item #9AS(a-m) - Recommendation to approve Resolutions for declaration of a common nuisance - Added. (Requested by Staff.) Item #10A - Recommendation to approve addendum to cooperative agreement between Florida Department of Agriculture and Consumer Services - Division of Forestry and Collier County, and Authorize Chairman to execute it on behalf of the Board - Added. (Requested by County Attorney.) Item #12B - Discussion of Middle East Leave Policies - Added. (Requested by Commissioner Saunders.) Item #7A! - Petition A-91-1, James H. Stesky representing Hubschman Associates, owners of Falling Waters PUD, requesting an administrative appeal of the Planning/Zoning Director's decision that their proposed public restaurant is not a permitted use - Continued to 2/26/91. (Requested by Staff.) Item #16B1 - Recommendation to approve 1) a Resolution ini- tiating the roadside improvements program; and 2) a Resolution approving preliminary plans-specifications-cost estimate-tentative assessment roll, and fixing date, time, place for a public hearing to consider an approving Resolu- tion for the Euclid and Lakeland Avenues roadside improve- ments municipal service benefit unit - Moved to become Companion to Item #6C§. (Requested by Staff.) Item #16B2 - Feasibility Report and recommendations on alter- nate access improvements between the Golden Gate Estates and the Naples urban area following completion of 1-75 - Moved to Item #gB2. (Requested by Board of County Commissioners.) Item #16F2 - Isle of Capri Fire and Rescue District Station renovation and expansion - Moved to Item #9F2. (Requested by County Attorney.) Item #16F4 - North Naples Emergency Services Complex update and request to revise existing plans and solicit proposal for construction - Moved to Item #9F3. (Requested by Staff.) Item #12A - Discussion regarding Naples Bay Days and Bay Management Organization - Requested to be heard at 11:00 A.M. 10. Item #6C5 - Public Hearing to consider adoption of a Resolution creating the Euclid and Lakeland Avenues Roadside Improvements Municipal Service Benefit Unit for future road- side drainage and bikepaths - To be heard as first advertised public hearing item along with Companion Item #16B1. (Requested by Commissioner Volpe.) Page 2 February 12, 199! CONSENT AOENDA - APPROVED AND/OR ADOPTED The ~otion for approval of the Consent Agenda is noted under Item ,16. CLB~K~S REPORT - APFROVED The motions for approval of the Clerk'e Report are noted under Item ,11A1, ,11A2 and ,liD. Item ,4 MINUTES OF THE WORKSHOP I~ETING OF DECEMBER 12, 1990, ~ETING OF DECKER 1Y~ 1990 - ~PRO~D AS Comteeisner Sh~ ~ved, seconded ~ Co~tse~oner c~rled ~~uely, that the Ntnutee of the ~orkshop Nesting of ~ce~r 12, 1990, ~d the S~ctal Nesting of ~cea~r a~r~ed u presented. ~te~ ~SA ~LO~E SERVICE AW~ - P~SE~D Commissioner Saunders presented a service award to the following Collier County employee: Ner¥ R. Anderson, Community Development/ Customer Services - l§ years PROCLAMATION DESIGNATIN~ THE WEEK OF FEBRUARY 17-23, 1991, AS ENGINEERS ~EK - ~.DOPTED Upon reading and presenting the proclamation to Tom Donegan, Co-~laeloner Shanahan moved, seconded by Commissioner Hues and carried unanimously, to adopt the Proclamation designating the Week of February 17-23, 1991, Is Engineers Week. Commissioner Shanahah read a list of engineers employed by Collier County, recognizing them for their contributions. Page 3 February 12, 1991 P~SOLUTION 91-155 CREATING THE EUCLID AND LAKELARD AVENUES ROADSIDE IMPRO%'~)f~NTS M13NICIPAL SERVICE BENEFIT UNIT FOR FUTURE ROADSIDE DRAINAGE AND BII(~PATHS - ADOPTED Legal notice having been published in the Naples Daily News on January 27, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a resolution creating the Euclid and Lakeland Avenues Roadside Improvements Municipal Service Benefit Unit (MSBU). Transportation Services Administrator Archibald presented a propo- sa~ for consideration of improvements for the Willoughby Acres area. He said the improvements involve construction of a storm drain system to service Euclid and Lakeland Avenues in the Willoughby Acres Subdivision, as well as construction of sidewalks down those two road- ways. He noted the Board is being requested to take action on three resolutions. He stated the first and most important resolution, will create the assessment district. He added the subsequent resolutions will address the design and cost of improvements. He called attention to the district boundaries which extend beyond the platted sub- division, explaining that areas to be developed adjacent to Willoughby Acres which will have primary access via Lakeland or Euclid Avenues, will benefit from the proposed improvements. Commissioner Shanahan questioned if it 'is within the County's pro- vince to appropriate $91,600 for this project, and if so, what is the source of funds? Mr. Archibald responded the dollar amount is Staff's estimate of two in-house items of work; 1) providing the fill for the site, which will be supplied from excavation the Road & Bridge Department is doing throughout the County; and 2) providing for design, permitting and administration of the construction contract. He mentioned both items will be in-kind services provided by County personnel and will not affect the budget. Jack Pointer, President of Willoughby Acres Property Owners Association, thanked the Board for addressing this matter and indi- cated the support of his group for the project. William Truptano, representing the owners of Willoughby Pines, Page 4 February 12, 1991 stated the owners in that area have paid close to $40,000 for their improved properties and do not wish to be assessed again for an access road to their homes which is in a different subdivision. He indicated he is not opposed to paying for the improvements on property he owns in Willoughby Acres, however, considers it unfair to pay that assessment on property he owns in Willoughby Pines. Mr. Archibald'responded that comparable costs have been ~ncurred by the property owners of both subdivisions for Improvements. He also expressed that Willoughby Pines will gain a considerable advantage because of the improvements made to Lakeland and Euclid Avenues. Jerry Brown, President of Turnbury Homeowners Association, stated Turnbury Subdivision was planned and implemented under the current Growth Management Plan ~ldeltnes which required the subdivision to have its own water management and drainage system. He said the sub- division was also required to ensure that drainage and water run-off could not impact on Willoughby Acres. He indicated this was accomplished at the additional cost per home of approximately $7,600. He added the current cost of permitting and impact fees per house total approximately $5,200. He pointed out that access to Turnbury from Lakeland Avenue is temporary because of the planned Livingston Road extension to take place in 1992. He advised that because of these facts, Turnbury owners are requesting not to be included in the assessment being proposed. Mr. Archibald concurred with the comments of Mr. Brown relative to the drainage system, however, pointed out that the primary access to Turnbury is from the affected roadways with no change planned in the immediate future. He suggested that the issue of assessing Turnbury Subdivision at the same amount as the other subdivisions will more appropriately be addressed at the public hearing currently scheduled for March 12th, at which time the specific assessments per parcel will be brought before the Board. Commissioner Volpe moved, seconded by Co~misalonsr Ha~ea and carried unanimously, to close the public hearing. Co~alsltoner Volpe moved, seconded by Commissioner $hanahan and Page Feb~ 12, 1991 carried unant~ouel¥, to adopt Reeolutton 91-155 creating the Euclid and Lakeland Avenues Roadside Improvemente Municipal Service Benefit Unit for future roadside drainage and bikepathe. Page 6 February 12, 1991 Item #6C5A - Coap~nion to #6C5 R~$OLUTIOR 91-156 INITIATING THE ROADSIDE iMPROVE~ENTS PROGRAN; AND RESOLUTION 91-157 APPROVING PRELININARY PL~S-SPECZFICATIONS-COST ESTZ~TE-TE~ATI~ ASSESS~ ROLL, ~ SCHEDULING A PUBLIC H~ING FOR ~CH 12, 1991, FOR CON8IDE~TZON OF ~ ~PROVZNG ~SOLUTION FOR ~g EUCLID ~ ~~ A~ES RO~SIDg I~RO~E~S ~ICIP~ SERVICE BENEFIT ~IT - ~PTKD Conteeloner Volpe ~oved, aecondad by Conleeloner Shanahah and carried un~ni~ousl¥, that Resolutions 91-156 and 91-157 regarding the Euclid and L~kel~nd Avenues Roadside I~provementa MSBU be adopted. Page February 12, 1991 Ite~ #6B2 ORDINANCE 91-16 RE PETITION R-90-23, GEORGE L. VARNADOE, OF YOUNG, VAN ASS~NDERP, VAR~ADOE & BENTON, P.A., REP~SENTING OFC OF NAPLES, INC., R~QUESTING A RKZONE FROM A-2MH TO GC FOR A GOLF COURSE AND ACCESSORY USES FOR PROPERTY LOCATED 1 MILE SOUTH OF IMMOKALEE ROAD (C.R. 846), AND 2 MILES EAST OF C.R. 951 - ADOPTED SUBJECT TO PETITIONERIS REVISED AGREEMENT SHEET Legal notice having been published in the Naples Daily News on December 26, 1990, as evidenced by Affidavit of Publication filed with the Glerk, public hearing was opened to consider Petition R-90-23, flied by George L. Varnadoe, of Young, Van Assenderp, Varnadoe & Benton, P.A., representing OFG of Naples, Inc. requesting an amendment to Ordinance 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, by changing the zoning classi- fication from A-2MH to GO for Olde Florida Golf Club, consisting of 552 + acres. Bryan Milk, Planning Services, recalled that on November 27, 1990, the Board of Gounty Commissioners continued this petition, subject to the applicant securing all necessary easements for the extension of Vanderbilt Beach Road from its terminus to the proposed proJect's west property line. He said it is Staff's understanding that all easements have been secured and, therefore, recommends approval of this petition subject to the revised Agreement Sheet. Gommtsstoner Hasse questioned if the extension of Vanderbilt Beach Road as provided by the petitioner will be a public or private road? Alan Reynolds, with Wilson, Miller, Barton & Peek, Inc., repre- senting the petitioner, responded that this question revolves around who will be responsible for maintaining the road. He said it is the current intent of the petitioner that the portion from the boundary of the urban rural designation back to the property will be private, because the petitioner will be obligated to maintain that roadway. George Keller, President of Collier County Civic Federation, indi- cated his concern with access over Golden Gate Estates roads to the subject property during construction. He suggested the petitioner be required to complete the extension of Vanderbilt Beach Road before construction is permitted. Page 8 February 12, 1991 Commissioner Volpe pointed out that construction traffic will be brought to the site from the proposed extension of Vanderbilt Beach Road. County Attorney Cuyler advised that the petitioner is not pro- posing any physical alternative access to the site, although there are other legal alternative accesses. Mike Arnold, Utilities Administrator, reported with regard to the County's water plant site in the area of this proposal, that initially an extension to Vanderbilt Beach Road was contemplated for access to the plant. He said after discussions with traffic analysts, the focus has been shifted to Webber Boulevard as the ideal access to the plant. Commissioner Shanaban moved, seconded by Commissioner Hasse and carried unanimously, to close the public hearing. Conissioner Shanaban moved, seconded by Commissioner Hasse and carried unanimously, that Petition R-90-23 be approved subject to the stipulations listed in the Petitioner's revised Agreement Sheet and that the Ordinance as numbered and titled below be adopted and entered Ants Ordinance Book No. 43: ORDINANCE 91-X6 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 MAP NUMBER 48-2?; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED TWO MILES EAST OF CR-9§! AND ONE MILE SOUTH OF IMMOKALEE ROAD (CR-846) IN SECTION 3!, TOWNSHIP 48 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA, FROM A-2MH TO GC FOR OLDE FLORIDA GOLF CLUB, CONSISTING OF §§2~ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Page 9 February 12, 1991 X~em#6B3 ORDINANCE 91-17 RE PETITION R-90-35, JAMES A. DAVIS OF COASTAL ENGINEERING CONSULTANTS REPRESENTING HOSPICE OF NAPLES, INC., REQUESTING A REZONE FROM A-2 WITH PROVISIONAL USE "b" FOR EARTH MINING TO RMF-6 FOR PROPERTY LOCATED ON THE SOUTH SIDE OF WHIPPOORWILL LANE, APPROXIMATELY 1,200 FEET SOUTH OF PINE RIDGE ROAD - ADOPTED SUBJECT TO PETITIONER'S AGREEMENT SHEET Legal notice having been published in the Naples Daily News on January 24, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-90-35, filed by James A. Davis of Coastal Engineering Consultants repre- senting Hospice of Naples, Inc., requesting an amendment to Ordinance 82-2 by changing the zoning classification from A-2 with Provisional Use "b" for earth mining to RMF-6 for property located on the south side of Whippoorwill Lane, approximately 1,200 feet south of Pine Ridge Road [CR 896) in Section 18, Township 49 South, Range 26 East, consisting of 5.82 acres. Wayne Arnold, Planning Services, noted a Companion Provisional Use item to this petition will be heard at the February 26th meeting. He said Staff is of the opinion that the subject site is an appropriate location for a hospice, because it is immediately adjacent to an acti- vity center boundary and Is surrounded by uses which can be compatible with a hospice. He advised the site Is within a density band which allows up to seven dwelling units per acre, and the requested action this date Is within that maximum. He mentioned the Growth Management Plan a/lows hospices to develop up to 26 units per acre anywhere within the urbantzed area, although this request proposes approxima- tely five units per acre and will act as a buffer to other properties from the commercial sites approved for development in the immediate area. He reported all agencies have reviewed and are in favor of approval with certain stipulations. Included in the stipulations, he said, is the requirement of the petitioner to upgrade Whippoorwill Lane to County standards from the Sutherland property, south to their entrance. He also mentioned they wtll be required to extend the 12-inch water line from Pine Ridge Road to their site for water ser- vice. He concluded Staff and all reviewing agencies recommend appro- Page 10 February ~2, 1991 val of Petition R-90-3§ subject to the Petitioner's Agreement Sheet. Jim Davis, representing Hospice of Naples, Inc., co~u~unicated that the petitioner has agreed to comply with all Staff stipulations. Mrs. Betty Butcher, a hospice volunteer, expressed the dire need for a hospice facility to care for the growing number of terminally ill patients in Collier County. She said the proposal will solve the tragic dilemma of those without care-givers in their home, by pro- riding a place of quiet dignity to them for their remaining time. Bruce Hayhoe advised the Board that concerns previously raised by neighbors with regard to landscape buffering, lake usage and possible noise generated by air conditioners, have all been addressed to the satisfaction of residents in the surrounding area. Couulasioner Shanahen moved, seconded by Commissioner Hawse end carried unanimously, to close the public hearing. Commissioner Shanahan moved, seconded by Commissioner Hasse and carried unanimously, that Petition R-90-35 be approved subject to the Petitioner's A~reement Sheet and that the Ordinance ae numbered and titled below be adopted end entered into Ordinance Book No. 43: ORDINANCE 91-17 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 MAP NUMBER 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON WHIPPOORWILL LANE, APPROXIMATELY 1,200 FEET SOUTH OF PINE RIDGE ROAD {CR-898) IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM A-2 TO RMF-6 FOR A HOSPICE; AND BY PROVIDING AN EFFECTIVE DATE. Page February 12, 199! ee$l~pu~ Clerk Hoffman replaced Deputy Clerk Guevin at thle ttae''' ltea #6B4 ORDINANCE 91-18, RE PETITION R-89-1, PELICAN LAKE PUD RECONSIDERATION LOCATED ON THE NORTH SIDE OF DAVIS BLVD. RESULTING FROM FAILUR~ TO TRANSMIT ACTION OF APPROVAL TO DCA FOR OFFICIAL ACKNOWLEDGMENT BY SECRETARY OF STATE - ADOPTED SUBJECT TO THE PUD DOCUMENT AS AMENDED Legal notice having been published in the Naples Daily News on January 24, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 82-2, the Comprehensive Zoning Regulations for the unincorporated area of Collier County, Florida, by amending the Official Zoning Atlas Map Number 50-26-3, by changing the zoning classification from "A-2" Agriculture to "PUD" Planned Unit Development known as Pelican Lake, located on the north side of Davis Boulevard approximately 1-1/2 miles east of Airport Pulling Road, con- raining 20.4 acres. Planner Nlno explained that this is an issue that was addressed one year ago. He reported that the Commission approved the Pelican Lakes PUD but confusion arose following that action due to the timellnese of the filing of an Interconnection between the subject property and the Moon Lake Development. He indicated that staff was under the impress/on that the PUD could not be forwarded to Tallahassee until that agreement was in hand. but this was an incorrect assumption. He noted that staff neglected to forward the PUD document to Tallahaseee and therefore, the Commtssion's action has no effect. Mr. Nino stated that the petit/on before the Commission today, te essentially the same. He pointed out that this project is located on the north side of Davis Boulevard, contiguous to the Moon Lake deve- lopment, and was approved under a scheme that allowed 80 units at 4 units per acre but conditioned upon an interconnection agreement with the developers of Moon Lake. He noted that if there was no ability to obtain that connection, the project wae approved for 60 units. He noted that in reviewing the document staff found areas that were not clearly worded and took the liberty of clarifying the language. He Page 12 February 12, 1991 related that in addition, staff added a sunset provision, which is policy today. He affirmed that the contents of the document have not changed other than improving the language, noting that the development requirements remain the same. He requested that the Commission reaf- firm the previous decision of approval including the conditions as mentioned. County Attorney Cuyler advised that this PUD went through the entire process and was approved by the Commission. He noted that in order for an ordinance to become effective, it must be signed by the Chairman and submitted to the Secretary of State. He explained that because of the delays regarding the interconnection, the developer did not submit the document within the appropriate period of time to Tallahassee. He explained that even though there was approval, there is no legal PUP Ordinance. He stated that the changes are insignifi- cant a~d are to the County's benefit, and recommended that the Board approve this document. In answer to Commissioner Volpe, County Attorney Cu¥1er remarked that since the document is basically the same he sees no reason that this petition should be re-submitted to the Collier County Planning Commission. In response to Commissioner Shanahah, Mr. Nino replied that there is no agreement in place regarding the interconnection. He stated that the petitioner fully understands that by absence of the agreement, the project is limited to 60 units. Mr. Nino called attention to Page 12, Section "V" of the PUP Document which reflects the sunset provision "Time Limits for Development to Proceed Following Approval, the Landowner(s) shall:.." He noted that the owner's agent has been provided with a copy of the revised document and agrees to same. Mr. Aubrey Wood, representing the property owner, stated that he has met with Planner Nino on several occasions and noted that he has no problem with the language in the document as revised. There were no speakers. Cow-iss~oner Shanahah aoved, seconded by Co~mlssioner H~ae and Page 13 12, 1991 carried unanimously, to close the public hearing. Co--teetoner Shanahen moved, seconded by Coulestoner Hesse and carried unanimously, that the Ordinance as ntmbered and titled belo~ be adopted ~ubJect to the PUD Doctment ae a~ended and entered Into Ordinance Book No. 43: ORDTNANCE 91-18 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 MAP NUMBER 50-26-3 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A-2" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PELICAN LAKE FOR A MULTI-FAMILY PROJECT; FOR PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD APPROXIMATELY 1-1/2 MILES EAST OF AIRPORT-PULLING ROAD(CR-31) CONTAINING 20.4 ACRES, MORE OR LESS, LOCATED IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. Item #12A LOA~ IN ~ AMOUNT OF $6,000 TO BAY MANAGEMENT ORGANIZATION FOR NAPLES BAY DAYS; STAFF TO DETERMINE SOURCE OF FUNDING - APPROVED Commissioner Saunders stated that the Bay Management Organization (BMO) met last week and several items were discussed that need to be addressed by the City of Naples and the Board of County Commissioners. He disclosed that one item of discussion was whether the County and the City are willing to loan funds to the BMO to offset the costs of the Naples Bay Day Program in April. He indicated that this would be e loan to be paid back by voluntary contributions and local businesses. He called attention to a question that was brought up regarding whether Tourist Development Taxes could be utilized to fund some of the ongoing operations of the BMO as it relates to the Naples Bay Days annual event, and suggested that the County Attorney investi- gate the legal aspects of same and report back to the Commission. Attorney Tom Grady advised that he is speaking on behalf of the Naples Area Chamber of Commerce and its sub-committee on the City/ County Bay Management Organization and the Naples Bay Day Week. Attorney Grady explained that Naples Bay Days wtll be a week long event in Naples to capture the attention of the residents in Collier County to inform the community of the benefits, problems and solutions associated with Naples Bay. He disclosed that this event will be similar to Miami's Biscayne Bay Days which includes concerts, environ- '45 Page 14 February 12, 1991 mental presentations, educational forums, and many fun family spon- sored activities. He indicated that the current goal of the committee working with the BMO for this event is to sponsor a series of educa- tional forums designed to be for those people who already have an interest in environmental issues that confront the Bay. Mr. Grady stated that a series of events will be held on a Saturday and Sunday and will be publicized to announce concerts at the band shell at Cambier Park, tours of Naples Bay and a bike feet. He indicated that it is anticipated that these events will be funded by corporate and individual sponsors. He reported that initial expenses are expected to be approximately $12,000-$1§,000 and a request has been submitted to the BMO for same. He noted that the actual disbur- sement of those funds has not been addressed. In answer to Commissioner Hasse, Attorney Grady replied that the BMO le funded 50~ by the City and §0~ by the County and assumes that that formula would apply to whatever funding is obtained. Commissioner Saunders remarked that it has been suggested that the County Commission provide half of the $12,000 and the City Council would provide the other half by the way of a loan to the BMO for the purpose of getting the Naples Bay Day program kicked off and there would be an extreme effort to raise those funds from private contribu- tors who are interested in supporting this program. He indicated that it is anticipated that all this money would be returned fairly q~ickly to the City and the County. Commissioner Saunders revealed that the Naples Bay Day program grew from his familiarity of the Biscayne Bay Days which is a two week long celebration that allows the people from Dads County and the East Coast the opportunity to clean up the Bay in addition to /earning about the ecology of the Bay and to place it at the level of impor- tance that it should be. He reported that the intent of the Naples Bay Days is to involve the community with cleaning up the Bay and to learn about its ecology and what can be done to reduce the quality of Naples Bay. He indicated that this is a fun program in addition to an educational program. He remarked that he believes that this will be a Page February 12, 1991 small investment and the return would be great. Commissioner Hasse questioned why the Chamber of Commerce is not sponsoring this program, to which Attorney Grady replied that the Chamber has been actively involved in Bay issues for several years and the BMO requested that it put together the manpower to accomplish this objective, and noted that the Chamber does not have sufficient funding to sponsor all its committees' activities especially one that is the size of this venture. Commissioner Saunders reiterated that this is not a Chamber event and reported that they have been extremely generous and gracious in assisting the BMO. In response to Commissioner Volpe, Mr. Grady stated that the plan is to hold this event In April of this year. He noted that the funds will be used to prepare and distribute fliers, promotional information and materials and sponsor the concert at the band shell in addition to the bike feet. Attorney Grady explained that the intent is to involve the local schools in providing input as to what they see may be the problems and solutions of Naples Bay. Commissioner Volpe questioned whether the Conservancy and the Audubon Society have been contacted for their participation in the program, to which Mr. Grady replied in the affirmative and noted that the Power Squadron, Coast Guard Auxiliary and the Marine Control will be contacted for their input or participation for sponsoring of the program. Commissioner Volpe remarked that Commissioner Saunders made men- tion that consideration is being given for using funds from the Bed Tax for this purpose. Commissioner Saunders indicated that a portion of the tax is to be set aside for arts festivals, etc. and believes that this program would fall into that category since it is an educa- tional event, and tourist related since it would benefit the Bay which is a major tourist attraction. He expressed that at this point, due to the litigation, the use of those funds for 1991 is not anticipated. in response to Commissioner Volpe, County Attorney Cuyler stated Page 16 February 12, 1991 that the BMO is composed of members from the Board of County Commissioners and the City Council and the Ordinance requires that ultimate contracts be approved by both entities. Commissioner Volpe divulged that the County and the City have already contributed $25,000 to the BMO and questioned wether any of those funds are available for this purpose. Mr. Grady replied that his understanding is that those funds are not available. Commissioner Saunders recalled that those funds cannot be used for the purpose of the Naples Bay Days. Attorney Grady etated that he feels that the BMO needs and should attempt to get additional community support for its functions since it will be needing more money in the future. Commissioner Volpe expressed that when the BMO was created, it was patterned after the MPO which deals with transportation issues and they should be able to sponsor some type of event to make the public aware of the communityta transportation needs. Commissioner Shanaham disclosed that the MP0*s actions are funded by the Florida Department of Transportation and they will be funding the County $67 million in the next five years. He related that the BMO has no funding source at this time. Comuisstonsr Saunders moved, seconded by Commiastoner Shanahan, to authorize a loan to the BMO in the amount of $6,000 for the of sponsoring the Naples ~y Days with the intent that these funds are to be paid back from revenues and contributions back to the Naples Bay Days and Staff to determine source of funding. Commissioner Hasse stated that the Bay has long been neglected and the time has come for the public to become aware of this problem. He indicated that he believes that this money will be well spent. Commissioner Volpe asked Attorney Grady if this same request will be made to the City Council. Mr. Grady replied that the City will be approached with the same request in the very near future. Upon call for the question, the motion carried 4/1 (Commissioner Volpe opposed). Item #6C2 PETITION PDA-89-16, BARBARA HENDERSON CAWLKY OF WILSON, MILLER, BARTON AND PEEK, INC., RKPRKSENTINa AMNON aOLAN, TRUSTEE FOR ORANGETREE 12, 1991 ASSOCIATES, REQUESTING AMENDMENTS TO THE ORANGETREE PUD - CONTINUED TO Assistant County Manager McLemore stated that staff, in conjunc- tion with the petitioner is requesting that this item be continued for two weeks to perfect the documents. Commissioner Shanaban ~oved, meconded by Commissioner Saunder~ and carried unanimously, to continue Petition PDA-89-16 for two weeks. Item #603 R~SOLUTION 91-158, RE PETITION SMP-90-27, CHRISTOPHER D. HAGEN OF HOLE MONTES AND ASSOC., INC., REPRESENTING QUAIL WEST, LTD., REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR QUAIL WEST LOCATED EAST OF INTERSTATE 75 AND SOUTH OF THE LEE COUNTY LINE - ADOPTED SUBJECT TO PZTITIONER'S AGREEMENT Legal notice having been published In the Naples Daily News on January 27, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-90-27, fl~ed by Christopher D. Hagen of Hole, Montes & Associates, Inc., representing Quail West, Ltd., requesting Subdivision Master Plan approval for Quail West located immediately east of Interstate 75, adjacent to the South Lee County Line consisting of §31~ acres. Planner Nino advised that th~s item is an application for sub- division master plan approval for the Quail West PUD. He noted that this project is located along the south boundary of Lee County east of 1-75. He revealed that the subdivision master plan was reviewed by all appropriate County Staff and it was determined that approval of the plan would not result in any ~nconststent action with the Growth Management Plan. He indicated that the CCPC reviewed this petition on January 17, 1991 and unanimously recommended approval. Mr. Nino pointed out the major issue of this subdivision master plan which was addressed at the time of the PUD: the requirement that the only way to gain access to this subdivision is through Lee County. He remarked that this issue was discussed at great lengths and the PUD document was approved with a provision that conditioned subsequent approvals of the subdivision master plan and an interlocal agreement. He noted that the CCPC felt that the intent of an interlocal agreement is acknowledgment on the part of Lee County officials that this deve- Page 18 February 12, 1991 lopment would be accessed through Lee County. He advised that staff has received letters from Lee County Transportation acknowledging the impacts of Quail West and requested cost sharing considerations regarding the installation of traffic lights along Bonita Beach Road and this is currently contained in the PUD document. Planner Nino stated that th~s development may not move forward unless it is accessed through Lee County and staff is o~ the opinion that the need for an ~nterlocal agreement should not be made a con- dition of the approval of the SMP. He explained that the PUD document contains a number of stipulations that address the concern that le implicit in an interlocal agreement, i.e. maintatn~ng Collier County's ability so that at anytime there is a problem with access to Quail West that a moratorium would place on the issuance of further develop- ment orders within that development. Mr. ~lno explained that at the time of the PUD approval, assuran- ces were received from all the emergency providers within Collier County that emergency services could be and would be provided to the Quail West Development. He pointed out that this Is a very low, upscale development with an 18 hole golf course. He requested that the Commission approve the Subdivision Master Plan with the revised stipulations in addition to those that are contained in the PUD Document. Co~mtssioner Hasse questioned whether Quail West would be sharing in the cost of traffic lights on Bonita Beach Road, to which Mr. Ntno replied in the affirmative. In answer to Commissioner Volpe, Planner Nlno stated that the PUD document contains a provision for a 100' right-of-way immediately con- tt~uous to 1-75 from Immokalee Road to Bonita Beach Road and noted that the arterial road should be in place by the year 2015. There were no speakers. Couisstoner Hasss moved° seconded by Commissioner Shanahah and ¢~rried u~lanl~ously, to close the public hearing. Co~missioner H~sse aoved, seconded by Commissioner Shanahah and carried unanimously, to approve Petition SMP-90-27, thereby adopting Resolution 91-158 subject to the Petitioner's Agreement Sheet. ~ OOOP~£ 50 Page 19 February 12, 1991 QUAIL WEST PUD 00LF COURSE PRELIMINARY WORE AUTHORIZATION - APPROVED SUBJECT TO STIPULATIONS AS AMENDED Project Review Services Manager MadaJewski stated that staff has been working very closely with this applicant who is requesting early work authorization. He noted that this project has been very well coordinated to this point. He advised that the proposed agreement wtll allow the golf course development to proceed prior to the actual recordation and finalizatton of the plat to allow commencement of work for water management and the lakes. Mr. MadaJewski called attention to the two stipulations as referenced in the Executive Summary. He explained that when the docu- ments and the agreement were submitted, he voiced his concern that the plat and document showed the development of residential and a clubhouse site which were incorporated into same, and he felt that this would cause everything in the development to be completed before the golf course could be used. He pointed out that based on this, the stipulations were included which dealt with Phase I of Quail West. He disclosed that after speaking with Mr. Bill Vines, he has learned that there may be the possibility to amend what Phase I will be and limit it to the golf course and its access and the residential portion of the project could be referred to as "Phase II" He explained that building permits within a project are not approved except where there are special conditions and noted that this PUD document does have a condition to allow three dry model units prior to plat approval. He requested that the language in the stipulations be amended as follows: 1. No building permits can be approved by the Development Services Department within any phase of the Quail West PUD prior to final subdivision construction document and plat approval and recordation. 2. The Quail West golf course cannot be placed in service or certif~cates of occupancy issued within any phase of the Quail West PUD until all of the required subdivision infrastructure, on-site, off-site and within Lee County, is completed, inspected and accepted by the Development Services Department and preliminary acceptance, as rquired by Collier County Ordinances 76-06, as amended and 88-76, as amended, is granted by the Board of County Commissioners. Mr. MadaJewski affirmed that Mr. Vines has indicated that in the future, there may be an amendment request to this agreement which 0oo 59 Page 20 February 12, 1991 would allow for the malntenance building and a pump station on the golf course which would be speclflc to enhance the growth of the grass on the golf course. Coutss~onsr Sh~nahan moved, seconded by Commissioner Hasse and carried unanimously, to approve the preliminary work authorization · ubJact to staff's stipulations as a~ended. 60 Page 21 February 12, 1991 Xte~ ~6C4 BUD~IT AMENIH~ENT RESOLUTIONS 91-9/91-12 APPROVING AMENDMENTS TO THE FISCAL YEAR 1990-91 ADOPTED BUDGET - ADOPTED Legal notice having been published in the Naples Daily News on February 6, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider amendments to Collier County'e Fiscal Year 1990-91 Adopted Budget. Finance Director Yonkosky reported that this item Is a public hearing as required by Chapter 129.06, Florida Statutes. He explained that any types of amendments to the officially adopted budget must be approved by the Board of County Commissioners in an advertised public hearing. Mr. Yonkosky advised that there are four Budget Amendment Resolutions, noting that all these items have been previously discussed and approved by the Commission. Mr. Yonkosky stated that the resolutions in the packet inadver- tently reflect a "roll call", noting that this is not required and corrected resolutions have been prepared and will be presented for execution. There were no speakers. Co~aissionsr Volpe moved, seconded by Commissioner Saunders and carried unanimously, to close the public hearing. Commissioner Shanahan moved, seconded by Commissioner Huse and carried unaniaouely, that Budget Amendment Resolutions 91-9/91-12 be adopted. Page 22 February 12, ~99~ Ite~ #6C6 ORDINANCE 91-19, PROVIDING FOR THE REGULATION OF AND REQUIRING SAFETY PERMITS FOR MULLET VESSELS DURING MULLET ROE SEASON - ADOPTED Legal notice having been published in the Naples Daily News on January 24, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance pro- viding for the regulation of and requiring safety permits for commer- cial mullet vessels during mullet roe season. Assistant County Attorney Wilson advised that the ordinance as prepared, will require those persons operating mullet boats in Collier County to obtain a safety permit. She stated that she understands from the mullet fishermen that particular kinds of boats are appropriate for mullet fishing in order to protect the health and safety of the citizens since a typical fishing boat without a sub-- bottom could cause problems to the fish that are allowed to lie in the bottom of the boat. She explained that the Florida Marine Patrol has the authority to conduct inspections of these boats. Assistant County Attorney Wilson reported that the ordinance reqn/tres that the fishermen present the appropriate licenses and veri- fication of a safety inspection to the Collier County Tax Collector and then a safety permit would be issued. She disclosed that the ordinance contains a provision for penalty of violating the ordinance which would result in a $500 fine. Commissioner Saunders called attention to Section Two of the Ordinance "...All safety permits issued for mullet roe season shall be issued in the month of September..." He noted that he understands the purpose of safety inspections and permits but questioned whether this is an effort to keep out of State or out of County fishermen from fishing in Collier County. In answer to Commissioner Saunders, Mrs. Wilson stated that when this request was first presented to the Commission, request was made that the permits be issued at a particular time and that these permits be obtained in person. She advised that after extensive research, she is of the opinion that the requirement to obtain a permit "in person" Page 23 February 12, 1991 is a restrain on the exercise of that trade in the County and would not be connected to public health, safety and welfare and should not be imposed. She indicated that she is comfortable with the September date as this would be an administrative convenience for Mr. Carltom's office for renewal of the permits each year since the mullet season begins in October and there would be no reason for an individual to obtain a permit after the season runs. Mr. Robert Johnson, President, Organized Fishermen of Florida, requested that the Commission adopt the safety ordinance. He noted that this ordinance will regulate the industry to ensure that the laws of Collier County are adhered to. He explained that the inspection will reouire that the vessels meet Coast Guard standards. T&~ ~3 Commissioner Saunders stated that the inspection requirement may be duplicating other regulations since the Marine Patrol and the Coast Guard already have the authority to stop and board any vessel at any time to conduct a safety inspection. He voiced concern that this is an effort to keep others from fishing in Collier County and questioned whether it is legally permitted to approve an ordinance, that on its face, appears to have one purpose. Assistant County Attorney Wilson affirmed that it is her opinion that the ordinance is legally sufficient and it does not indicate that the sole purpose is to prevent out of County individuals from fishing in Collier County. She reported that if the Commission determines that this ordinance has the public safety intent, it is sufficient. She explained that applications for permits may be applied for prior to September. Commissioner Hasse remarked that he feels that this ordinance ensures the safety of the vessels using the waterways in Collier County and will also benefit the residents. He indicated that he sees no harm in the ordinance due to the fact that anyone may apply for the safety permits. Commissioner Shanaham asked how the requirement for the additional safety inspection will be communicated to folks residing out of 72 Page 24 February 12, 1991 Collier County. Mr. Johnson stated that the newspapers will provide coverage, however, he noted that an individual who is in the business would check into the re~ulations of Collier County. Commissioner Shanahah announced that he is in favor of the purpose of the ordinance but in all fairness, the message should be known to those individuals who will be coming into the County to fish. Mrs. Wilson stated that the Coast Guard, Marine Patrol and the Sheriffts Office are aware of the ordinance and if adopted, they do have the discretion to take into consideration the newness of the regulation and how it may affect out of County fishermen. Commissioner Shanahah suggested that the Offshore Florida Fishermen publish the new regulation in their publication. Commissioner Volpe stated that he shares many of the same concerns expressed by Commissioner Saunders. He indicated that it seems that the focus is geared toward the safety of the people in the boat. He explained that he feels that the penalty is punitive. Commissioner Saunders reported that he sees no public safety pur- pose in this ordinance. He disclosed that he is sympathetic of the concerns of the Collier County fishermen, but he also has to react to what he believes the law is. He remarked that this is the type of ordinance that the State of Florida has specifically pre-empted local governments from adopting because they do not want every coastal County within the State to impose restrictions on the use in salt water areas. There were no other speakers. Conissioner Hasse moved, seconded~by Commissioner Saunders and carried unanimous/y, to close the public hearing. Commissioner Hasae moved, seconded by Commissioner Shanahan and carried 3/2 (Commissioners Volpe and Saunders opposed), that the Ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 43: 0RD~NANC~ 91-19 AN ORDINANCE PROVIDING FOR THE REGULATION OF AND REQUIRING SAFETY PERMITS FOR COMMERCIAL MULLET VESSELS DURING MULLET ROE SEASON; SETTING FORTH DEFINITIONS; PROVIDING FOR SAFETY PERMITS: SETTING Page 25 February 12, 1991 FORTH FEES; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. Item #7B1 RESOLUTION 91-159, RE PETITION PU-89-17, JOHN LEE OF HOLE, MONTES AND ASSOC., INC., REPRESENTING RON BOGGESS AND JOEY MOORE, REQUESTING EXTENSION OF PROVISIONAL USE OF THE INDUSTRIAL DISTRICT FOR A SALVAGE yARD f 3~ MILES EAST OF C.R. 951 ON THE NORTH SIDE OF U.S. 41 - ADOPTED Planner Lord advised that this item is a request to extend the Provisional Use for an auto salvage yard which was approved on February 2?, 1990. He noted that the Zoning Ordinance requires that such extensions be approved prior to the expiration date of the origi- nal provisional use request. He affirmed that staff is recommending approval of a one year extension. Mr. Robert Duane, of Hole, Montes and Associates, Inc., and repre- senting the petitioner, stated that applications have been made to DER and a preliminary site plan has been submitted to Collier County. He reported that the petitioner is working with Staff to rectify some illegal subdivision activity that occurred in this area prior to his client purchasing the property. Com~iseloner Saunders moved, seconded by Commissioner Shanahah, to approve the request for a one year extension for Petition PU-89-17. Commissioner Volpe remarked that he voted in the negative when this matter was initially presented to the Commission and noted that he does not support the extension of the Provisional Use. Upon call for the question, the motion failed 3/2 (Commissioners Volpe an~ Hmeae opposed). County Attorney Cuyler advised that both the original Provisional Use and extension of same requires a t/! vote. Mr. Duane advised that his client has spent in excess of $20,000 going through the permitting processes and has filed application with the Department of Environmental Regulation. In addition, he announced that the petitioner is providing infrastructure in a subdivision which was illegally subdivided in the absence of an approved subdivision master plan and he is in the process of designing and providing for a road to be constructed into this pro~ect. He reported that meetings with staff have been ongoing for the past 12 months and all the 74 Page 26 February 22, 299! required conditions have been met. He indicated that a tremendous hardship would be inflicted upon his client to have gone this far through the approval process and then to have everything taken away. He remarked that there is not a good basis at this point in time to go back to square one and require that the same plan be submitted to go through the entire process again. He requested that the Commission take these things in consideration and extend the request for the Provisional Use. Commissioner Hasse stated that he realizes that a great amount of money has been expended and explained that he desires to reconsider his vote. Co~isalonar Hasse moved, seconded by Co~iesioner Shanahah and carried unanimously, to reconsider the vote relating to Petition PU-89-17. Co~-aisaioner Saunders moved, seconded by Commissioner Shanahah and carried 4/1 (Co~iealoner Volpe opposed) to approve the one year extension of Provisional Use 89-17, thereby adopting Resolution 91-159. Page 27 February 12, 1991 IteR 8A FRED N. THOMAS, JR. REGARDING "D" SECTION FARM WORKER VILLAGE ADDRESSING - STAFF TO WORK WITH MR. THOMAS, EMS PERSONNEL AND THE IMMOKALEE FIRE CHIEF RE STREET NAMING AND NUMBERING AND RESOLVE SAM~ ADMINISTRATIVELY Community Development Services Administrator Brutt reported that this issue deals with an addressing situation in Immokalee. He indi- cated that during submittal of the application for building permits for an addition to the Farm Worker's Village, staff reviewed the addressing system in this project. He explained that it was concluded by members of the 91! Emergency Services, Fire Department and County Staff, that the addressing system in that project needs to be looked at in relation to the numbering system of the entire Immokalee com- munity. He affirmed that staff has arrived at a recommendation for a change in the addressing system in that project. Commissioner Goodnight stated that she has a concern with regard to the Letter from Mr. Thomas which requests a temporary waiver until the Commissioners of the Collier County Housing Authority have reached appropriate decisions as to what they feel are needed. Mr. Fred Thomas, Executive Director, Collier County Housing Authority, advised that the Farm Workers Village has three sections, "A", "B" and "C" comprised of 491 units, noting that the addressing system makes no logical sense to persons attempting to find someone in this development. He indicated that the units are numbered by bedroom size. Mr. Thomas affirmed that at the time of the development of the additional 80 units, 50 of which are to be an addition to Farm Worker's Village, and accessed by the "C" Section, County Staff advised that they wanted those streets to be "named". He indicated that he cited that it does not make sense to name only a portion of the project. Mr. Thomas indicated that he was informed that Staff is proposing to assign or re-name all the streets in Collier County so that there will be no duplication of any of the streets. He disclosed that staff proposes that the names of inventors, explorers, etc. be used for the Page 28 February 12, 1991 street names but noted that many of the people in the Village are Hispanic and Haitians, and are unable to pronounce or understand these names. In addition, he remarked that Staff's proposal is that the street names in the "A" Section begin with the letter "A"; "B" Section street names begin with the letter "B"; "C" Section street names begin with the letter "G"; and 'the "D" Section begin with the letter "D". He explained that he prefers that the first Section be named "Animal Circle" and the streets within to be in alphabetical order with the names of animals, running clockwise. Mr. David Borden stated that this is a section where people have been living since the 1960's. He reported that these are people who have established permanent addresses at that location and many have language barriers and problems dealing with the bureaucracy. He indi- cated that when the street naming system is changed it should be done only once and in a manner so that it will not be offensive to anyone that is affected. Customer Services Manager Magrt advised that one of the respon- sibilities of Gustomet Services is the assigning of addresses in Gollier Gount¥. He announced that before assigning new addresses to the Farm Worker's Village, he met with Mr. Thomas and advised of complaints that had been received from the Fire Department, EMS, and the 91! Coordinator because of the system of addressing in the Village. He recommended the re-addressing of the entire Farm Worker's Village. He reported that Staff proposes no changes in the Immokalee area since there are no problems with that grid system. Gommissioner Saunders questioned whether staff is proposing to eliminate the duplication of street names in Collier County, to which Mr. Brutt revealed that no statement has been made that all duplica- tion of street names in Gollier Gounty will be eliminated. Mr. Brutt stated that staff has provided a numbering system for the Farm Worker's Village and recommends approval of same. Commissioner Goodnight suggested that the Commissioners of the Gollier County Housing Authority re-name the streets in a manner that is sufficient to the emergency services providers in that area. Page 29 February 12, 1991 Ms. Deborah Rhyne, 911 Coordinator, revealed that she presented Mr. Thomas with the addressing scheme for Farm Worker's Village, but noted that these names were used specifically as an example. She described the intent of the ~cheme as follows: Alexander Gircle in the "A" Section; Bell Circle in the "B" Section. She indicated that the streets are named in alphabetical order around the circles. She reported that the house numbers were to be kept within four digits and there would be no duplication of same. She reported that today's request for a temporary hold on the "D" Section is something that she does not concur with since these people would be using incorrect addresses that would be difficult to find during times of emergency. She advised that she would be more than happy to work with Mr. Thomas in developing street names for his community. Ghief Nutley, Immokalee Fire Gontrol District, stated that there is no rhyme or reason to the addressing system in Farm Worker's Village. He explained that he met with Mr. Thomas three years ago to discuss this situation and was told that in time, he would learn the system. He noted that when his personnel are responding to a call in the Village, it is generally a life or death situation. He revealed that Mr. Thomas has had signs erected displaying "arrows" which point to the various sections and this does assist delivery people but does not fit the need of emergency services personnel. He indicated that he needs a better addressing system so that he can respond in a logi- cal way to any of these streets during an emergency situation. He suggested that a system be implemented so that when a call is received, his department can obtain two cross streets and then respond to the call. ConIsotoner Shanahah moved, seconded b~ Canisstoner Hesse, that Mr. Thom uet with Staff, Ei~ personnel, and the I~uaokalee Fire Chief to work out a conpatible street naming and numbering system and remolve same administratively. Emergency Services Administrator Reardon stated that there are problems in Farm Worker's Village and noted that the motion is appropriate. He indicated that in a larger dimension, the entire Page 30 February 12, 199! ¢otmty should be reviewed In the future. Upon cell for the question, the action carried u~antaou~l¥. **' Raceaaed: 1:10 P.H. - Rsconvened: 1:20 P.N. at which tt~e Deputy Clerk Arrtghl replaced Deputy Clerk Hoffman e,e Item #8B P~TITION SDP-90-102, LOT 6, BLOCK 184, ~RCO BEACH, UNIT ? - TO BE Community Development Administrator Brutt explained that the sub- Ject request is for reconsideration of SDP-90-102. He stated that the reason for the request is because a building plan was under review at the time of the previous hearing, but could not be approved under Policy 3.1.k; therefore, the building permit was not issued. He noted that Staff has not changed its position regarding the zoning on the subject property from C-3 to C-6. He added that C-6 is the appropriate zoning for this property. Linda Lawson, representing the property owner, stated that at the previous hearing a question was raised whether an application for a building plan could be accepted under the conditions of the property possibly being rezoned, and staff concurred that it could not. She pointed out that Planner Weeks after the said hearing requested that the processing of the requested permit be stopped. She informed that the request for reconsideration for a reheating is based on the fact that there was misinformation presented at the previous hearing. Commissioner Volpe pointed out that the applicant did not file an application for a rezoning re-evaluation exemption within the time allowed, but the Board heard the petition because the owner did not receive the notice to do so in a timely fashion. In response to Commissioner Shanahan, Ms. Lawson clarified that if the County had refused to accept the building permit application and processing had not started on it, she would not be requesting a reheating. Mr. Brutt reported that the application was accepted, but staff properly stopped processing, and no permit was issued. Commissioner Shanahah remarked that because of the issues involved Page 31 February 12, 1991 regarding the petitioner not receiving the original notice for flllng an exemption and the feeling of unfairness because of the acceptance of the application for a building permit and then have the processing stopped, he feels that Justification for a reheating is evident. In response to Commissioner Saunders, Ms. Lawson stated that she would like the property to be treated as exempt, and allow the peti- tioner time to file for the exemption which requires a site plan filed and a building permit. She reported that she could file the site plan immediately, but would need the time for the processing of the building permit. Co%~nty Attorney Cuyler emphasized that Mr. Weeks took the proper action in stopping the processing of the building permit. He pointed out that the property has already been rezoned, and questioned if the request was for a reheating on the fezone? Ms. Lawson concurred. Commissioner Volpe declared that he sees no Justification for a reheating to which Commissioner Hasse agreed. Commissioner Saunders and Commissioner Shanaban stated that they are willing to grant a reheating. Planner Weeks explained that the County is specifically prohibited from issuing a building permit according to Policy 3.1.k of the Future Land Use Element to any property that is subject to the zoning re- evaluation process. He noted that an application such as the sub3ect one will normally not be accepted; however, he pointed out that the system is not fool proof. He added that if the permit had been issued it would have been in violation of the County's Growth Management Plan. In response to Commissioner Hasse, Mr. Weeks stated that the pro- perry owner incurred the cost for the preparation of the building per- mtt; however, he specified the general contractor and the architecture for the project are familiar with the zoning re-evaluation program. Mr. Brutt stated that the fees are not collected until the permit is issued, but if any fee was collected, it will be returned. County Attorney Cuyler asserted that a motion for reconsideratlon for a reheating can be passed by a 3/2 vote; but in order to pass a Page 32 February 12, 1991 motion for rezoning, it will take a 4/1 vote. Commissioner $hanahan moved, seconded by Commissioner Saunders and c~r~led 3/2 (Co~atissioners Volpe and masse opposed), that the requeat fo= a rehe~ing regarding SDP-90-102 be approved. County Attorney Cuyler informed that the petition will need to be readvertised. Item~9A3A RESOLUTION 91-160, PROVIDING FOR A DECLARATION OF COMMON NUISANCE FOR LOT 9, BLOCK 1. PALM]~TTO PARK, OWNER 0F RECORD VICTORY CLARIDY - ADOPTED Dick Clark, Compliance Services. Code Enforcement Supervisor, stated that he is requesting thirteen resolutions declaring the accu- mulation of weeds, grass, and undergrowth as public nuisances on the properties identified in the subject resolutions. He informed that these accumulations have been investigated and are in violation of Ordinance 85-33 as amended, in that they are in excess of 18 inches in height and threaten and/or endanger public health, safety and welfare. He advised that the accumulations on the properties have been and are being utilized for concealment of individuals who commit criminal acts against passersby and citizens of Collier County, in addition to providing coverage for vermin infestation. He noted that the accumu- lation also obstruct the view of vehicular drivers and pedestrians which has caused accidents. He related that the criminal acts com- mitted on the subject properties include three homicides, several rapes and robberies. Mr. Clark informed that the intent of the subject resolutions are to advise the property owners that the properties have been declared public nuisances and require the removal of the growth. Conicsloner Hasse ~oved, seconded by Commissioner Shanaban and cm~ried unanimously, that Resolu~ion 91-160 regarding Cmee No. 91-02-01324 ~ adopted. Page 33 February 12, 199! XteR POA3B I~$OLUTION 91-161, PROVIDING FOR A DECLARATION OF COMMON NUISANCE FOR LOT 8, BLOCK 1, PALMETTO PARK, OWNER OF RECORD VICTORY CLARXDY - ADOPTED Commissioner Haeee moved, seconded by Commissioner Shanaban and c~rried un&nimously, that Reeolution 91-161 regarding Case No. 91-02-0~325 be adopted. Page Februar~ 12, 1991 Itss~&3C KESOLUTION 91-162, PROVIDING FOR A DECLARATION OF COMMON NUISANCE FOR SECTION 9, TOWNSHIP 47, I~NGE 29, PARCEL 51, OWNER OF I~ECORD CORP. ASSEMBLE OF GOD - ADOPTED Comiestoner Hasse aoved, seconded by Comtesloner Shanahan and carried unanimously, that Resolution 91-162 regarding Case No. 91-02-01322 be adopted. Page 35 · February 12, ~991 Ztem~A3D R~SOLUTION 91-163, PROVIDING FOR A DECLARATION OF COMMON NUISANCK FOR $HCTIO~ 9, TOWNSHIP 47, RANGE 29, PARCHL 52, OWNER OF RECORD CORP. ASSEMBLE OF GOD - ADOPTED Commteetoner Ha~ee ~oved, eeconded by Commiseloner Shanahah and carried unanimously, that Re~olutlon 91-163 regarding Ca~e No. 91-02-01321 be adopted. 90 Pa~e 36 February 12, 1991 %tem~OA3! RESOLUTION 91-164, PROVZDING FOR A DKCLARATZON OF COMMON NUISANCE FOR SKCTZON 4, TOWNSHIP 47, RANGZ 29, PARCKL 72, OMNKRS OF RECORD FLOYD CRKMS AND CANOVA MURRAY - ADOPT~D Comntoetoner Haeee moved, eeconded by Comnlooloner Shanahah and co~ried unanimouol¥, that Resolution 91-3.64 regarding Case No. 91-02-01329 be adopted. Page 37 February 12, 1991 Xtem RESOLUTION 91-165, PROVIDING FOR A DECLARATION OF COMMON NUISANCE FOR LOT 2, BLOCK E, IMMOEALEE HIOHLANDS, OWNER OF RECORD DEBOP~kH S. HEATH - ADOPTED Commiseloner Hasse ~oved, aeconded by Co~mtsaloner Shanaban and carried unanimously, that Re~olu~ton 91-165 regarding Cue No. 91-02-01332 ~ adopted. Page 38 February 12, 1991 RE$OLUTTON 91-166, PROVIDZNG FOR A DECLARATION OF CONNOR NUISANCE FOR LOT 3, BLOC~ E, INNOFu~-LEE HIGHLANDS, Of~l~R OF R~CORD $A~ E. HEATH - ADOPTED Comlsstoner Hasoe Boved, seconded by ComaIsotoner Shanahah and carried unanimously, that Resolution 91-166 regarding Caae No. 91-02-01334 b~ ~dopted. 98 Page 39 ;; ' FeBruary 12, 1991 Its~ ~9~3B RESOLUTION 91-167, PROVIDING FOR A DECLARATION OF COMMON NUISANCE FOR LOT 24, BLOCK C, IMMOKALEE HIGHLANDS, OWNERS OF RECORD CECIL R. HOWELLt JR. AND RITA P. HOWELL - ADOPTED Com~iosioner Haoee moved, seconded by Commissioner Shanahan and c~rr~edunan~ously, that Resolution 91-167 regarding Case No. 91-02-01319 be adopted. Page 40 February 12, ~991 Itea~g&3I RESOLUTION 91-168, PROVIDING FOR A DECLARATION OF COMMON NUISANCE FOR SECTION 4, TOWNSHIP 47, RANGE 29, PARCEL 8?, OWNER OF I~CORD PAU~ EANE TRUSTEE - ADOPTED Co~a~aaloner Euae moved, aeconded by Co~a~elioner Shanaban and carried unanimously, that Reaolutlon 91-168 reg&rd~ng Case No. 91-02-01328 be ~dopted. Page February 12, 1991 R~SOLUTION 91-169, PROVIDING FOR A DECLARATION OF CONON NUISANCE FOR LOT ?, BLOCK ?, NAPLES MANOR ANNEX, OWNER OF ~ECORD EVELYN G. PAPCKE - ADOPTED Co~ieeloner Hasae moved. seconded by Coulesioner S~an and c~rrted ~t~nlBously, that Reeolut~on 91-169 regarding Ca~e No. 91-02-01294 ~ adopted. Page 42 February 12, 199! R~$OLUTXON 91-~70, PROVXDING FOR A DECLARATION OF CO~ON NUISANCE FOR LOT 26t BAYVIL~ PARX, OWNER OF RECORD REX-O VALLEY CORP. - ADOPTED Coniss~oner Hawse Loved, seconded by Co~uaiss~oner Shanahah and carried unani~ou~l¥, that Reeolut~on 91-170 ~egard~ng Caee No. 91-02-01336 be adopted. Page 43 February 12, 199! Ite~a~9A3L RESOLUTION 91-171, PROVIDING FOR A DEC~RATION 0F COMMON NUISANCE FOR LOT 9, BLOCK 7, NAPLES MANOR EXTENSION, OWNER OF R~CORD MARGUERITE STARKEY - ADOPTED Co~alestoner Hasse moved, seconded by Co~uaissioner Shanahah and carried unanimously, that Resolution 91-171 regarding Case No. 91-02-01318 be adopted. Page 44 February 12, 299! 2t~ #9A3M R~SOLUTION 91-172, PROVIDING FOR A DICLARATZON OF COHNON NUISANCI FOR SECTION 9, TOWNSHIP 4?, RANG! 29, PARCEL 18, ~R OF R~CORD ST. 30HN MISSIONARY BAPTIST CHURCH - ADOPTID Comleetoner H&sse moved, seconded c~rrted unanimou~ly, that Resolution 91-172 regarding Case No. 91-02-01320 t~ adopted. Page 45 February 12, 1991 item ~9B1 NEGOTIATIONS FOR THE CONSULTANT FOR THE DESIGN OF IMMOKALEE AiI~PORT IMPROVEMENTS TO COMMENCE WITH DELTA ASSOCIATES AND DISCONTINUE WITH KIMLEY-HORN AND ASSOCIATE$~ INC. Transportation Services Administrator Archibald presented a status report on the selection process for the design of roads, utilities and submittal of a DRI statement for the Immokalee Airport. He explained that the Selection Committee reviewed the proposals from the four pre- ssletted consulting firms and ranked them #1 - Kimley-Horn and Associates, Inc.; #2 - Delta Associates; and #3 - CH2M Hill, Inc. He advised that Staff negotiated a contract based on the findings of the Selection Committee with Kimley-Horn and Associates, Inc. using a spe- cific dollar amount. He remarked that after the Selection Committee met a second time regarding the funding position for the subject pro- Ject, they recommended that Delta Associates be awarded the contract. He reported that because of this change, Staff wishes to communicate this to the Board and is asking for approval to proceed with nego- tiations with Delta Associates. He clarified that all negotiations with Kimley-Horn and Associates, Inc. would be discontinued. Mr. Archibald explained that Delta Associates did the original lay-out plan for the Immokalee Airport, and their partner for the sub- Ject project is a firm that has been doing the water and sewer design for the Immokalee area for over 15 years. Tape ~& In response to Commissioner Hasse, Mr. Archibald noted that because of the way the State Statute reads, the County is obligated to negotiate with the #1 firm and then decide whether they want to con- tinue to negotiate for a better price or terminate negotiations with the #! firm and proceed to the #2 firm. He advised that it is the recommendation of the Selection Committee to terminate negotiations with the #1 firm and proceed with the #2 firm. He explained that some of the reasoning behind going with the #2 firm is to take advantage of their previous knowledge of the area which may decrease the cost of the design fees. Mr. Archibald answered Commissioner Volpe by concurring that this Page 46 February 12, 1991 request is in addition to the $75,000 which is for the permit fee for the development plan submitted to the Region and DCA allowing for a lease for activity at the Immokalee Airport, and explained that approximately $19S0000 will be needed for consulting fees for the design services. He advised that the majority of the requested funds will be reimbursed by the Federal and State grants which have been applied for. He clarified that the request before the Board is not for funding, but for direction on whether to proceed with negotiations with the #1 firm or #2 firm: and added that the funding mentioned is to inform the Board of what the total planned costs will be. He advised that the funding for the project will brought before the Board as a separate item. Com~saloner Shanahen moved, seconded by Comissioner Hesse and cmxried unanimously, that direction be given to staff to co~ence contract fee negotiations with Delta Associates for infrmstl-uctu~e design services and DRI services, and rett~rn a negotiated contract for the Board's approval. In response to Assistant Gounty Attorney We/gel, Mr. Archibald concurred that the scope of the negotiations will remain similar to what has been negotiated with the #1 firm. Item ~9B2 FKASIBILITY REPORT AND RKCOMMKNDATIONS ON ALTERNATE A¢¢KSS IMPROVKMKNTS BETWKKN TEE ~OLDKN ~ATE ESTATES A~D THE NAPLES URBAH AREA FOLLOWIN~ COMPLETION OF 1-75 - CONTINUED FOR 30 DAYS Commissioner Goodnight pointed out that this item has been removed from the consent agenda due to the opposition to the feasibility report on alternate access improvements between the Golden Gate Estates and the Naples urban area following completion of 1-75. She stated that although there are several speakers present in opposition, the citizens that petitioned for this because they have access problems are not present and should be given an opportunity to present their side also. She, therefore, suggested that th~s item be con- tinued at this time. Commissioner Shanahen indicated that the speakers present should have the opportunity to voice their concerns at this meeting. February 12, 1991 Transportation Services Administrator Archibald summarized for the Board the action that has been taken by staff regarding this item. He pointed out that staff has reviewed the general accesses for the Estates as a whole which are outlined in the executive summary. He noted that an interchange at I-7§ and Everglades Boulevard would not be economically feasible because it would take over nine years to accomplish and would cost in excess of $6.8 million. He informed that there is good access from 1-75 going north. He specified that the majority of the roads investigated for connection are not logically feasible. He stated that there are two improvements that staff does recommend which are improvements to existing roads, namely 52nd Avenue and Miller Boulevard. Mr. Archibald informed that he has sent copies of staff's recom- mendations in the feasibility study to DNR, Environmental Services Division, Park Service Conservancy, and property owners in the Estates and has received a mixed response. He stated that in particular Mr. Maddox, representing a Coalition from the East Coast for the protec- tion of the panthers, wished to re/ate three concerns which are by connecting the roads and improving the road conditions more traffic will be attracted to the area and could impact the endangered species; assuring that the roadway maintenance and improvements are consistent with the comprehensive plan; and noting that the area proposed for improvements may become a watershed in the future. David Addison of The Conservancy, Inc. stated that the proposed improvement to extend Miller Boulevard will not provide a faster route for emergency vehicles as suggested. Other points Mr. Addison had opposing the improvement were regarding the flooding of the area in the rainy season which makes it totally inappropriate for development. He suggested that the Board make as much effort as possible in expe- diting the State to acquire the land in the proposed area. Michael Slayton of the Big Cypress Basin of South Florida Water Management District, noted that he received the feasibility study report on February 11, 1991 and would like to have enough time to review it properly. He explained that the effort on the part of staff 112 Page 48 February 12, 1991 to provide better access to the property owners and residents of southern Golden Gate Estates via Miller Road provides no additional convenience which can also be said regarding promoting better EMS and sheriff response time. He Informed that he will discuss alternative routes with staff after having the time to review the report. Larry Richardson, a biologist for the Florida Panther National Wildlife Refuge, commented that there are a number of biologist that concur with him in feeling that improving access in the south blocks of the Estates will slow down the process of State acquisition for this area. Kim Dryden, a biologist with the Office of Environmental Services of Florida Game and Fresh Water Fish Committee, questioned whether there is a provision in the Comprehensive Plan which prohibits access in the south blocks of the Estates. She inquired as to how many people are requestinG access and where they are located? She questioned that if these accesses are provided will the County also be providing for utilities. She suggested that there be a map provided indicating what DNR has purchased and how much is left to be purchased. Mr. Archibald stated that when the subject is brought back before the Board, he will try and address all the concerns and alternate accessing. He added that another issue of impo. ance is to be sure that the County is in compliance with the State's Comprehensive Plan which he will check. Coutseloner Volpe moved, seconded by Couissioner Haese and carried unanimously, to continue the Feasibility Report for the Golden Gate Estates area for 30 days. Item #9F1 ~ 90-1547, TH~ COMMUNICATIONS PAOlIAGE FOR MOBILE COMMUNICATIONS AND CO~ND POST, AWARDED TO NAPLES TWO WAY RADIO IN THE AMOUNT OF Emergency Services Administrator Reardon informed that when the the subject project was originally approved, the amount of $32§,000 was budgeted, and added that the cost has been reduced to $247,000. He stated that the information presented in the executive summary has Page 49 February 12, 1991 been agreed upon by all the involved agencies. However, he requested that because a letter of concurrence has not been received from the Sheriff, the recommendation in the executive summary be modified to state that the transfer of assets will commence after the letter of concurrence is received. He related that staff recommends award of the bid to Naples Two Way Radio in the amount of $59,716. In response to Commissioner Saunders, Mr. Reardon explained that initially because of the lack of cash in the budget to purchase the subject vehicle, there was a decision by the Board to consider a lease/purchase. Then in September, 1990, he continued, the Board of Gounty Gommissioners approved the purchase of the bus, directed staff to secure lease/purchase funding, and negotiate with the communication vendors. He pointed out that after analyzing both the the capabili- ties of the Sheriff's batmobile and the hostage negotiations vehicle, ~t was found that neither vehicle would be acceptable for command post purposes. Mr. Reardon pointed out that the current command post is in a library van which has 100,000 miles on it and a history of breaking down. He added that from a communications standpoint it is not ade- quate to meet the current needs of the community. He advised that the uses for the proposed vehicle are for any type of emergency that is expected to turn into a multi-day operation such as forest fires, hurricanes, hazardous materials incidences, aircraft incidences, con- taminants in the waterways, serving events such as the fair, etc. which require communications for the safety, health and welfare of the public. County Manager Dotrill affirmed that the existing command post is 26 years old, it is not reliable for use, the top speed of the vehicle is 35 mph, and has considerable engine and transmission problems. He reported that failure to approve the recommendations presented will mean there will be no command post in the county for use. Commissioner Hasse stated that he finds the proposed command post an asset to the community and a definite need. Commissioner Shanahah questioned if staff really feels the need Page 50 February 12, 1991 for the proposed vehicle. Mr. Reardon stated that he recommends the proposed vehicle very highly in order to prevent catastrophes which could have been avoided if this vehicle had been available. Mr. Reardon emphasized that the proposed vehicle does have a 20 year life expectancy. He noted that every opportunity will be made to utilize the vehicle as much as possible, and pointed out that there will be extensive training of the vehicle for the agencies that will be operating and working with it. Mr. Reardon answered Commissioner Shanahah that a thorough investigation has been made for an alternate vehicle, but what is being proposed is the best solution to the County's needs. Commissioner Volpe pointed out that the proposed vehicle will be a shared resource and questioned if there are any arrangements for agreements with outside agencies such as the fire districts, Lee County, City of Naples, etc. for utilization and a possible user fee being imposed. County Manager Dotrill noted that there is a six year old interlocal agreement between all counties which specifies the pro- cedures for reimbursement for help in the event of emergencies. Commissioner Shanahah suggested that this agreement be reviewed and updated. Commissioner Volpe commented that he would like to see more information regarding the interlocal agreement and other arrangements before approving this request. In response to Commissioner Saunders, Mr. Reardon indicated that Dads and Broward Counties have this type of vehicle. 0onisstoner Hasse moved, seconded by Commissioner Goodnight, to approve the award of P~FP 90-1547 to Naples Two Way Radio in the a~ount of $59,716, and the transfer of vehicle assets to cow-enos after the receipt of the letter of concurrence from the Sheriff. Commissioner Saunders stated that he does not feel that a good case has been made to Justify the cost of the proposed vehicle. Upon call for the question° the motion carried 3/2 (Co=~tssloners Volpe and Saunders opposed). Commissioner Shanahan requested that staff prepare a report for the Board providing answers and information regarding the questions r.i.ed. 000 1i5 Page 51 February 12, 1991 Itel #9~2 SOLICITATION OF RFP'S FOR THE RENOVATION AND EXPANSION OF ISLES OF CAPRI FIRE AND RESCUE DISTRICT STATION - APPROVED Emergency Services Administrator Reardon explained that the funding for the renovation and expansion of Isles of Capri Fire and Rescue District is designed at a .5 millage. He noted that the current budget reflects $82,500 available for this project expansion, and added that the 1992 budget will have approximately $112,000 available for capital needs. In regards to resources for funding for the project, Mr. Reardon advised that this will be brought back before the Board for a decision. Mr. Reardon commented that the selection of a professional service firm will be done according to Board policy as well as required State statute. Commissioner Volpe pointed out that the request is to waive all County controlled impact fees. Mr. Reardon replied that at this time staff is not requesting any waiver of impact fees, but may in the future request specific waivers. Co~miseloner Shanahan ~oved, seconded by Co~missioner H~see and carried unanimously, that approval be ~ranted for the mollcitation of RFP'e from architectural and professional service fir~s for the expam- sion and renovation of the Isles of Capri Fire and Rescue Dtstrlct Station. Item~9F3 NORTH NAPLES EMERGENCY SERVICES COMPLEX PLANS AND PROPOSALS FOR CONSTRUCTION - TABLED FOR 60 DAYS Emergency Services Administrator Reardon explained that again the mention of a request for waiver of impact fees is to advise the Gommission of what the plans Include; and once it is known what speci- fic waivers will be needed, it will be brought before the Board for a decision. Gommissioner Volpe commented that the location of this facility within the Pelican Bay area raises some concern because of the issue of incorporation. He noted that this has been discussed before and feels that there is no urgency in approving this plan at this time. ee 000 116 Page 52 February 12, 1991 Mr. Reardon advised that the County has paid for the design of the facility on the subject site. He pointed out that to move forward on soliciting bids for the project will not be a cost to the County. Commissioner Volpe noted that until there is a decision as to the appropriateness of the Pelican Bay location, approval should not be granted because of the added costs to revise the plans for another location. T&~ 95 Co~leetoner Volpe ~oved, eeconded by Co~atsstoner $aundere ~nd c~rted~~ly, t~t ~he North Naple~ E~r~en~ Se~tce~ Co, lax pl~ ~d bid pro~sa~s' ~olicftat~on ~ tabled for 60 ~ye. In response to Mr. Reardon, Commissioner Volpe requested that s~aff provide the Board with an analys~s of the appropriateness of the Pelican Bay location for the proposed EMS and Sheriff facility and the future North Naples Fire Control and Rescue District. He added that this should be analyzed in the context of the potential Incorporation of the G~ty of Pelican Bay. eee Recessed: S:20 P.M. - Reconvened: 3:25 P.M. at which t~ ~ty Clerk ~evln replaced ~ty Glerk ~r~hi ~'' Ite~ ~HI B~ET ~RT ~ING ~ 9~ FI~T QU~T~ ~E ~GEI~S - ACCE~D WITH MODIFIED ~GO~ATIONS ~ CO~ ~AGER TO ~ WITH ~DATE IN 90 DAYS County Manager Dotrill provided the Board with a report of FY 91 first quarter revenue receipts and a cost reduction program. He referred to an exhibit on display which compared receipts in the first quarter of this fiscal year to those in the same quarter of FY 90. He noted revenues have increased, however, this is due primarily to a higher amount of ad valorem taxes being collected as residents take advantage of discounts for earlier payment and a carry forward of $1-mtll~on over what was budgeted as a carry forward. He advised it wtll be imperative in the coming years to Increase the amount of cash carry forward in order to reserve money in contingency funds. He reported the Road & Bridge Department's operations and capital figures have been combined in order to show the various revenues for the com- Page 53 February 12, 1991 parable quarters. He pointed out an extremely large carry forward in Road & Bridge activity because of various projects which are not yet at the construction stage. He said Community Development is approxi- mately the same as the past year due largely to the decrease in building permit activity. He stated this area needs to be watched closely, because this division is run as though it were a private business and if revenues continue to decrease in the second and third quarters, steps will need to be taken to reduce costs in this fund. He suggested it may become necessary for employees in this fund to work 37-1/2 hours per week, rather than 40-hours. County Manager Dotrill referred to a comparison of General Fund employees in his agency, noting that there are fewer employees than in FY 90 as a result of the hiring freeze. Commissioner Saunders asked to be provided with the total number of employees budgeted for FY 90 and FY 91 in all departments of County Government reporting to the County Manager and the Board, as well as the actual number employed in 1991. County Manager Dotrill commented that the Parks & Recreation Department has five open entry-level positions, making it difficult to maintain the parks especially during this unusually wet winter. He also pointed out key work areas that are tracked in terms of perfor- mance and productivity. He used the example of the Purchasing Department which will soon be functioning with only eight employees although the number of contracts being processed has increased 65~. County Manager Dotrill indicated the hiring freeze as of January 31st, involves 60 positions not being filled with a savings of $346,534, which is a figure adjusted and reduced by the amount budgeted for attrition. He said projected savings, if this program continues, will incur an additional $704,359 in salary and fringe benefits alone. He said that number is based on maintaining 40-60 unf$11ed positions for the remainder of the fiscal year. County Manager Dorrill provided the following cost reduction recommendations. He suggested that he be allowed to continue to main- rain a selective hiring freeze between 40-60 positions; determine Page 54 February 12, 1991 additional reductions reporting for second/third cfuarter revenue estimates with a report to the Board; create a new cash carry forward reserve to anticipate necessary cash needs for F¥ 92 with a target of $1.5-1.8 million; and request other agency managers to determine pro- portionate cost reduction sharing. Commissioner Saunders commended County Manager Dorrill on his pre- sentation, stating it reflects the effort put forth by the County Manager to control spending. He suggested it may be appropriate to maintain an average of 50 unfilled positions with a report every 60 days on the savings involved, because the 40-60 figure will be dif- ficult to deal with as a g~ldeline. Co%Lnty Manager Dotrill indicated it will be easier to deal with increments of reporting every 90 days, because that will establish a quarterly critique. He also maintained it will be very difficult to pinpoint an exact number of vacancies, and a range of 40-60 will give him more latitude in dealing with the start up of two new sewer treat- ment plants as well as the growing morale problem due to the six vacant positions within the library system. Commissioner Saunders then suggested reducing the range to 45-55 vacant positions. Commissioner Shanahan questioned why a vehicle purchase selective freeze has been excluded for the next 90 days? County Manager Dotrill commented he covered only personnel related expenditures in his first recommendation. He said he believes any other conceivable expenditure is covered in his second recommendation, including operating, capital and contract items. He advised the majority of fleet vehicles for this fiscal year were purchased in October as part of a three-year fleet agreement. He stated that downsizing the fleet is being explored and mentioned that historically, the Board of County Commissioners has provided vehicles for certain State agencies. He reported Leo Ochs has been authorized to evaluate downsizing the fleet only for the size that was intended originally for County vehicles until the State can budget for their own. Commissioner Volpe indicated he would like the Board to consider a Page 55 February 12, 1991 similar analysis as it relates to other funds, specifically in regard to overall capital projects. He said there is a significant budget in that area which is user fee driven and projected shortfalls need to be identified. County Manager Derrill stated he is not projecting shortfalls in capital programs with the exception of the road related program, however, that information can be incorporated into his report at the end of the second quarter. Coramissioner Saunders communicated he has spoken with the Constitutional Officers and received the assurance they will do everything they can to cooperate in terms of reducing their personnel and equipment costs. He reported he will be happy to ask them for a report on specific savings. County Manager Derrill recalled that the Board previously asked him to provide the proposed budget and fiscal policy for the next year early, and he has committed to bringing that to the Board during the first week in March. He proposed inviting the Constitutional Officers for their input to the meeting at which the next fiscal budget policy is adopted. Commissioner Goodnight commented she will send a cover letter along with the information that County Manager Derrill will supply to the Constitutional Officers, inviting them to that meeting and request that they be prepared to discuss their proposed budgets at that time. Commissioner Shanaban moved, seconded by Commissioner Saunders and carried unanimously, to accept the report and the County Manager's recom~endatione as stated above with regard to the cost reduction program, with the adjustment of 45-55 positions to be held vacant. Xtem CHAIRMAN AUTHORIZED TO EXECUTE THE ADDENDUM TO THE COOPERATIVE AGREEMENT BETWKKN FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SKRVXCE$ - DIVISION OF FORESTRY AND COLLIER COUNTY Commissioner Hasae moved, seconded by Caniseisner Saunders and carried unanimously, that the Addendum to the Cooperative Agreement b~t~een Flortd~ Dep&rtmont of Agricul~ure and Consumer Services - Division of Forestry ~nd Collier County be approved and the Chairman authorized to execute it on behalf of the Board. :7¸ Item ~11A1 & #11A2 BUDGET &MENDN~S 91-90 THROUGH 91-92 - ADOPTED February 12, 1991 Conicstoner Hasse moved, seconded by Conteatoner Shm~h~n and carried un&ntmously, that ~dge~ ~en~ents 91-90 ~gh 91-92 ~ a~pted. ~SOL~ION 91-153 A~HORIZING A D~ NOT TO ~CEKD $1,300,000 ON ~ LI~ OF C~DIT ~ S~ B~, N.A., TO ~ T~ CONSTRUCTION OF T~E CO~I~ C~: NORTH N~LES~ I~O~LEE & E~T N~LES - ~D Finance Director Yonkosky explalned, in answer ~o Commissioner Volpe, that Staff monitors the line of credit to ensure that not more than $20-mtlllon 1e u~llzed a~ any one point in ~tme. He said the current llst of projects, Including this item and Item ~11D2, will ~o~al less than $15-mtllton. Coatestoner Huee ~ed, ~econded by Coatestoner S~ ~d c~rted ~tmo~ly, to adopt Resolution 91-153 authorizing a draw not to exceed $1,300,000 on the line of credit with S~ ~, N.A. to f~d the conet~ctton of t~ee Co~tty Centere: North Naplee, I~lee Page 57 February 12, 1991 Ztem #11D2 RESOLUTION 91-154 AUTHORIZING A DRAW NOT TO EXCEED $1,000,000 ON THE LINE OF CREDIT WITH SUN BANK, N.A., TO PARTIALLY FUND THE RENOVATIONS OF TH~ MAIN LIBRARY - ADOPTED Commissioner Shanah~n moved, seconded by Commissioner Hasse and carried unanimously, to adopt Resolution 91-154 authorizing a draw not to exceed $1,000,000 on the line of credit with Sun Bank, N.A. to par- tlall¥ fund the renovations of the Main Library. Page 58 February 12, 1991 COUNT~ MANAGERtS POLICY TO COMPENSATE EMPLOYEES FOR LOST PAY WHILE IN TH~ NIDDLE EAST ACCEPTED Commissioner Saunders mentioned that local governments around the State and the country are making accommodations to their employees called to active service in the Middle East. He inquired if Collier County has taken similar steps? County Manager Dotrill responded that pursuant to recent legisla- tion, he authorized an administrative policy to compensate the four employees who have exhausted the federal required payment obligation. He said he has authorized payment to those employees up to 90 days. He advised that five other employees are eligible to be called to active duty and he will inform the Board of any change in their eta- tus. Com~tssionsr Hasse moved, seconded by Commissioner Sh~nahan and carried unanimously, to uphold the County Manager's Policy to co.peri- .ate e~loyees for lost pay while in the Middle East. Item 913A BUDGET AMENDMENT FOR BUILDING "A" RENOVATIONS APPROVED IN THE AMOUNT OF $84~800 FOR TELEPHONE AND EQUIPMENT Deputy Gary Young, representing the Sheriff's Office, asked the Board to approve a budget amendment transferring $84,800 within Fund 301 from the heating project for Building "J" to the Building "A" pro- Ject for telephone and equipment required to occupy Building "A". Commissioner Saunders moved, seconded by Co~missioner Shanaban and carried unanimously, to approve the budget amendment transferring $84,800 within Fund 301 from the heating project for Building #J# to Building "A" project for telephone and s~uip~ent required to occupy Building 'A". BOARD OF OOUNTY COMMISSIONERSt COMMUNICATIONS Commissioner Volpe questioned the status of the Ad Hoc Committee reviewing the Unified Land Development Regu~ations? County Manager Dotrill replied the Gommittee has asked for a three-month extension of their appointed time in order to present a report. Page 59 February 12, 1991 Commissioner Saunders inquired what is taking place regarding the lawsuit and criminal charges involving the horses in possession of Mr. Lester? County Manager Dorrl11 responded a settlement is being pro- posed that may be on the agenda for the next meeting. Commissioner Shanahah asked for an update of the tourist develop- ment tax litigation? Commissioner Saunders communicated there have been two appeals, one of which has been dismissed in favor of the Co%u%ty. He advised that in talking with Assistant County Attorney Wilson, she has indicated her hope that the Appellate Court will do the same with the second appeal, however, does not expect oral argu- ments to be heard before the end of the year. In answer to Commissioner Volpe, County Manager Dotrill reported the Baltimore Orioles are expected to provide the County with an update within the next week. Commissioner Goodnight asked for direct/on from the Board regarding the groups who are meeting ~n the Boardroom and using the P.A. system, because there have been many instances when the system has been left damaged, requiring the Board of County Commissioners to pay for repairs. It was the consensus that Commissioner Goodnight will work with the County Manager's Office to prepare a list of instructions for use of the system to be located in the Boardroom which will also advise groups that any damage will be their responsibility. Commissioner Goodnight communicated having received an audit from the Auditor General regarding the Pocket of Poverty funds which indica- tes concerns of the Department of Community Affairs. She informed a meeting is planned for next week at which time the future of the program will be considered. It was the consensus that Commissioner Goodnight represent the Board of County Commissioners in Tallahassee in support of the Pocket of Poverty Program. s'$0ommisstoner Shanahan moved, seconded by Coulealoner S&undere ·nd carried unanimously, that the following lta~ under the Consent Agenda be approved and/or adopted:''$ Item #iSA1 SECURITY ACCEPTED FOR EXCAVATION PERMIT NO. 59.41S0 "LELY CLASSICS GOLF COURSE", LOCATED IN SECTION 22/2?, TO~qNSHIP 50 SOUTH, RANGE 26 000 ' i36 Page See Page February 12, 1991 Xt~a,16A2 deleted Item #16A3a RESOLUTION 91-140 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE ON LOT 2, BLOCK 10, NAPLES MANOR ANNEX, CHARLES C. AND MARGARET M. ALLEN, JR. see Pages Item #16A3b RESOLUTION 91-141 PROVIDING FOR ASSESSMENT OF LIEN FOR THE OOST OF ABATEMENT OF PUBLIO NUISANOE ON LOT 17, BLOCK 13~ OF MARCO B~ACH UNIT FIVEm ARTHUR APFEL Item #16A3c See Pages R~SOLUTION 91-142 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE ON LOT 14, BLOCK 421, OF MARCO BEACH UNIT 13f EDEN INVESTMENTS LIMITED item #16A3d See Pages RESOLUTION 91-143 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE ON LOT 24, BLOCK 21 OF MA~CO BEACH UNIT NO. 0NE~ JOEL AND LORI GAMEL Item ,16A3e HESOLUTION 91-144 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE'ON LOT 25, BLOCK 208 OF MARCO BEACH UNIT NO. SEVEN, JUAN B. SAGlIE, REGISTERED AGENT FOR GLOBAL MARKETING ENTERPRISES~ INC. Item ,16A3f See Pages RESOLUTION 91-145 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE ON LOT 34, BLOCK 254, OF MARCO BEACH UNIT NO. SIX~ GERT K.0. AND MAJ-GRET IRENE HORBKRGr C/0 KARL HORBKRG See Pages / ~3' /~--~ Item #16A3g RESOLUTION 91-146 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEMEFf OF PUBLIC NUISANCE ON LOTS 9 AND 10, BLOCK 4, AMENDED PLAT OF NAPLES MANOR EXTENSION, JOSEPH J. LAUREN, TRUSTEE, JOSEPH J. LAUREN TRUST Item #16A3h See Pages RESOLUTION 91-147 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE ON LOT 13, BLOCK 6, NAPLES MANOR LAKES, ROBERTO AND ALICIA RODRIQUEZ see Page. /~7- /.~ 137 Page /~ -. Febrtlar¥ 12, 1991 Item I~ESOLUTION 91-148 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE ON LOT 23 OF BLOCK ?82 REPLAT OF A PORTION OF MARCO BEACH UNIT ELEVEN, JOSE A. SALAVERRIA AND DORA BORJA DE SAnaVERRIA Item ,16A3J See Pages I~ESOLUTION 91-149 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEM~ITT OF PUBLIC NUISANCE ON LOT 14, BLOCK 64, UNIT 2 PART 2, GOLDEN GATE f DOUGLAS L. AND RHONDA L. SMUDER See Pages Item ,16A3k RESOLUTION 91-150 PROVIDING FOR ASSESSMENT OF LIEN FOR TH~ COST OF ABATEMENT OF PUBLIC NUISANCE ON LOT 15, BLOCK 64, PART 2 UNIT 2, GOLDEN GATEf DOUGLAS L. AND RHONDA L. SMUDER See Pages Item #16A31 RESOLUTION 91-151 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE ON LOT 4, BLOCK 406, Iw~tRCH BEACH UNIT 130 EMILIO ROLAND STILLO; GILDA STILL0, CUSTODIAN FOR MINORS: JOSEPH T. STILLO JR. AND FRANCESCA L. STILL0; PHILIP BRUNI, CUSTODIAN FOR MINORS: GUILIO BRUNI AND ANDREA BRUNI See Pages Item #16A3m RESOLUTION 91-152 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE ON LOT 5, BLOCK 54, OF NAPLES PARK SUBDIVISION UNIT NO. 4~ NOEL M. WILLIAMS See Pages /&, 7- /& Item ,16B1 ~oved to 6C5A Item,16B2 moved to 9B2 Item ,16C1 INCREASED GRANT MONIES ACCEPTED AND ADDITIONAL MATCH MONIES PROVIDED FOR COMMUNITY CARH FOR THE ELDERLY PROGRAM ADMINISTERED BY COLLIER COUITTY $__gRVICES FOR SENIORS See Pages Item ,16C2 continued to 2/19/91 Ite~ ,16C3 BID ,90-1658 FOR CONSTRUCTION OF THREE (3) COMMUNITY CENTERS LOCATED AT NORTH NAPLES COMMUNITY PARK, IMMOKALEE COMMUNITY PARK AND EAST NAPLES COMMUNITY PARK AWARDED TO CORNERSTONE GENERAL CONTRACTORS, INC.~ IN THE AMOUNT OF $1~331~029 Item ,16F1 STAFF TO RA~ISE EMS ORDINANCE 81-76 AND RESUBMIT THROUGH THE PUBLIC ~RING PROCESS Page 62 February 12, 1991 It~ #16F2 ~oved to 9F2 Item #16F3 STAFF TO RL'VIS~ 0RDIHANCE 78-49, ISLES OF CAPRI FIRE AND RESCUE DISTRICT AND RESUBMIT THROUGH THE PUBLIC HEARING PROCESS Itel ~16F4 moved to 9F3 Item #16F8 STAFF TO DEVELOP A DOCUMENT OF COOPERATIVE AGREEMENT AND O~D~SHIP BETWEEN COLLIER COUNTY GOVERNMENT AND THE EAST NAPLES FIRE AND RESCUE DISTRICT FOR THE EAST NAPLES EMERGENCY SERVICES COMPLEX FOR BOARD CONSIDKI~ATION Item #16G1 POST BUCELEY SCHUH & JEKNIGAN, INC. APPROVED AS ENGINEERING CONSULTANTS FOR LANDFILL DEVELOPMENT PER KFP #90-1651 AND CONTRACT NEGOTIATING TEAM AUTHORIZED Item J16H! CHANGE ORDERS 36, 37, & 38 FOR THE COURTHOUSE PROJECT APPROVED AND A NEW ~20,000 LIMIT AUTHORIZED FOR FUTURE CHANGE ORDERS Item ~1631 CERTIFICATES OF CORRECTION TO THE TAX ROLLS AS PKESENT~D BY THE PROPERTY APPRAISER 1990 TAX ROLL No. Date 188/190 1/29/91-1/31/91 1990-72/1990-73 Item ~1632 1990 TANGIBLE PERSONAL PROPERTY 2/01/9! EXTRA GAIN TIME FOR INMATE NOS. 28434, 51460, 59363, 16796, 56990, 51292 AED 25377 Item ~16J3 SATISFACTION OF LIEN FOR SERVICES 0F THE PUBLIC DEFENDER See Pages___ / 7/' /~? Item #16J MISCELLANEOUS CO~SPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: Letter dated 1/25/91 to BCC from Ursula Rampe, International Officer, The Citizens and Southern National Bank of Florida, re: ORS Letter of Credit SM-09936 for the a/c of Eagle Creek Properties, Inc., re: Subdivision Improvements, Revised ?/?/89, in the amount of US$31,236.07. Copies to Nell Dotrill, Stephanie Smith, and filed. Letter dated 1/19/91 to James C. Giles from Melvin F. Fuelling, 16124 Abnacki Lane, Ocqueoc, Michigan, re Euclid 0 0 , ?i39 Page 63 February 12, 1991 6e 10. and Lakeland Avenues Roadside Improvements Municipal Service Benefit Unit. Letter dated 1/16/91 to Clerk of the Circuit Court from Kevin E. Gibbons, 264 Mentor Drive, Naples, re Euclid and Lakeland Avenues Roadside Improvements Municipal Service Benefit Unit. Copy to Commissioner Hasse of memo dated 1/29/91 to Roger Evans, Business Manager, Collier County Public Health Unit, from Lena Price, Planning Manager, GSBG Grant Management Section, Division of Housing and Community Development, Department of Community Affairs, re: Contract #9058-06-09-21-01-040. Copies to Neil Dotrill, John Yonkosky, and filed. Letter dated 1/28/91 to Chairman, BCC, from Mark Schultz, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 111911665. Original to Walter Carter, copies to Neil Dorrill, and filed. Department of Environmental Regulation Notice of Intent to Issue a permit (AC 16-182508) to International Petroleum Specialties, Inc., to construct an 87.5 TPH mobile soil reme- diatton unit. Copies to Neil Dotrill, 8tll Lorenz, and filed. Memo dated 1/30/91 to Commissioner Goodnight from Jane Polkowskt, M.D.M.P.H., HRS-Publtc Health Unit Director, re: First Quarter Contract Management Report. Filed. DNR Approved Permit #02807C0, Application Date: 1/16/91, Jesse E. Amey, 1274 Apricot Avenue, Marco Island, for mecha- nized beach cleaning. Copies to Nell Dorrill, Harry Huber, Frank Brutt, Bill Lorenz, and filed. Letter dated 1/29/91 to Coastal Engineering Consultants from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re: Notice to Proceed, Modification Permit Number: DBS 88-208 CO M2, Permittee Name: Collier County Board of Commissioners. Copies to Neil Dotrill, Frank Brutt, Harry Huber, and filed. Minutes received and flied: A. Employee Advisory Committee minutes of 1/10/91. Golden Gate Estates Citizens Advisory Committee minutes of 12/14/90. Notices of Committee Meetings and Workshop, House of Representatives, Community Affairs: Full Committee and Subcommittees on Growth Management and Intergovernmental Relations. D. Library Advisory Board minutes of 12/6/90. Marco Island Beachfront Renourtshment Advisory Committee minutes of 12/5/90 - corrected copy. Marco Island Beautificatton Advisory Committee minutes of 12/4/90 - corrected copy, and agenda for 2/5/91. Marco Island Fire Control District Board of Fire Commissioners annual schedule of regular meetings. Ochopee Fire Control District Advisory Board minutes of 12/3/90. Corrected copy of second page to Parks and Recreation Advisory Board minutes of 11/28/90. February ~, 1991 Collier County Planning Commission agenda for 2/7/91 and minutes of 12/6/90. K. Water Management Advisory Board agenda for 2/13/91. 11. Notice to Owner dated 1/25/91 to Collier County from Carter & Vetplanck, Inc., under an order given by the BCC for aurora pumps 411-BF, spares, gauges and bolts for the raw water booster pump station at 800 Tery1 Road, Naples. Copies to Neil Dotrill, Steve Camel1, John Yonkosky, and filed. 12. Notice to Owner dated 1/25/91 to BCC from Hertz Equipment Rental Corporation under an order given by Elkins Industrial Contractors, for general equipment rental for the Corkscrew Waterplant in Estero. Copies to Neil Dotrill, Steve Camell, John Yonkosky, and filed. Item ~16K1 REPORT TO THE BOARD OF COUNTY COMMISSIONERS ON PROMPT PAYMENT ACT INTEREST PAYMENT IN THE AMOUNT OF $345.91 MADE BY THE COUNTY DURIXG FY 9O There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 4:45 P.M. · ,GILES,, .CLERK BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL These. minutes approved by the Board on as presented or as corrected 050 , 141 Page 65