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BCC Minutes 06/22/1993 R Naples, Florida, June 22, 1993 '~'T BZ REM]~M~ERED, that the Board of County Commissioners in the GOllnty of Collier, and also acting as the Board of Zoning ~d &s tbs governing board(s) of such special districts as :ed according to law and having conducted business this date at 9:00 A.M. in R~(3ULAR SZSSIO~ in Building Government Complex, East Naples, Florida, with the :members present: CHAIRMAN: Bprt L. Saunders ~-.PRKS KNT: VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Bettye J. Matthews John Yonkosky, Finance Director; Annette Guevin Recording Secretaries and Ellis Hoffman, Deputy Clerk; , Oo%%nty Manager; Ken Cuyler, County Attorney; Dave Ashton, Remits Manalich and Tom Palmer, Assistant County °'i (]eor~le Archibald, Transportation Services Administrator; Community Development Services Administrator; Tom Olliff, Adainlatrator; Tom Conrecode, Capital Projects Director: Mike McNees, Budget Director; Greg Mihalic, Hous~ng Director; Stan Litsinger, Growth Management Section Perry, Bryan Milk, Barbara Cacchione and David Weeks, lq~aa Muller, Transportation Engineer; Sue Ftlson, Assistant to the Board; Deputy Rosa White and Bill Equipment Manager, Sheriff's Office; and Jerry ~tmte' m Attorney. Page 1 June 22, 1993 ~t~nt~ne m~r~d, seconded b~ Co~ss~oner l~orr~s u~usl¥, to approve the agenda with the chan~,~m u ~ th~ A4~endm C~ Sheet and with the followtn~ ~lttonml '~em ,14A - Discussion regarding the Habitat Protection /Ord~nmnce - Added. June 22, 1993 ;Jl~:~ - aPI~,IOVED A~D/OR ADOPTED [on for approval of the consent agenda is noted under Item ~]tOI~NTAL ~ORESHOP AT THE CONSKRVANCY OF ~.PRIL 21, ~ING OF JUNE 1, 1993 - APPROVED ~tantlns moved, ~econded b~ Contssioner M~tthm ~t~,~l¥, to approve tho Minutes of tho Envt~omntal ~4~ ~ C~wv~nc~ of April 21, 1993, and Regular ~ting of Norris congratulated George Koopman with the ion Division and presented him with his five year service THE WEEK OF JUN~ 21-28, 1993, A~ ~ATEUR g and presenting the proclamation to Jordan Mash, Field ~e~nd~ioner Oon~tantinm moved, seconded by Conissioner m~ni~;umly, that the Procl~tlon de~i~ating the 21-241, 1993, ~ mt~r ~dio ~ek ~ adopted. Page 3 June 22, 1993 95-323; 93-326/329; 93-332; 93-335; 93-33'7/340 IIorrie aoved, ~conded by Co-alaeloner Consta~tine ~l~oo~ly, to a~pt Buret Aeendaents 93-323; 05-532; 93-335; 93-337/340 and 93-344/345. Om~T'~ ~]U~TH CAI, CUL&TION OF JtR~ZTRAGK REBATE DU~ TH~ l~~ OJ ~ ~~ ~~S ~ ~ $13,750,000 ~ ~ - ~~D ~ C~I~ TO SIGN LK~S TO ~;"~ ]~ ~S~ATI~S TO ~QUEST ~LIEF ~ ~E Director Yonkosky explained under the 1986 Arbitrage Board ~ust pay the Internal Revenue Service (IRS) the dil- l:he interest earned and the interest it pays for the Co~e;~cial Paper Program. He said the County elected to l~nalty rebate, which is 1.5 percent of the unspent the fourth payment. He reported according to his calcula- Coilier Co%lnt¥ is still ahead by electing to take this type of ~h~er, that will not be the case at the end of the next six- H(J referred to a draft letter to the IRS asking them to the fac~. that work could not proceed as scheduled because of Andrew, and asked that the Chairman sign the letter. He 000 co%lld be saved on this rebate if the IRS takes the impact into consideration. He indicated a letter from & Light very clearly states their work was delayed and were shifted to the Miami area. He suggested the Board also officials at the federal level to intervene and request t~ thtfJ r(~quest into consideration. to Commissioner Volpe, Finance Director Yonkosky ,~. $~-illllion tn remaining funds are encumbered, but not yet '.'~0 th~ delays. ion Services Administrator Archibald advised five major Page 4 June 22, 1993 &re ~nder way, and two that have been highly impacted are to Co~missioner Matthews, Finance Director Yonkosky said iall¥ indicated they will take the request into ~1~ ~, ~conded tm/ ¢o~,tsstoner ~atth~ and ~o ~r~ t~ f~th cal~latlon of ~~1 ~e ~tcm on the ~nt proc~ fr~ lam~ kmic~ ~ to Collier C~ty's ~lect~ for relief fr~ the ~1~ as the re~lt of ~ Act Page 5 ~'I~FOH~I, TION OH TI~ COLLIER COU~f~ KNTKP. PRISE FUND~ - .Director Yonkosky stated the enterprise funds are to ·¢:count for operations that are financed or operated in · imAlar to private business. He detailed several items con- within th(, a!;enda package and provided an explanation of the ~rif,e funds. Ma~thews suggested that a monthly write-off on reser- ~tablished %~lthin Emergency Services based on the monthly per- ~/that historically is billed for but not collected. She said NI~,, the amount will be more evenly distributed rather than eXtFe~e fluctuations. D~rec'tor Yonkosky agreed to establish a monthly write-off l'es(~rves rather than expenses, based on the known $4 ~ezcsnt per month in uncollected charges in Emergency · d~ncussion item, no action was taken. ORDI][ABCZ 93-33 AMENDING ORDINANCI 93-~9 REL&TIHG INITIATIVES PARTNERSHIP (SHIP) PRO(IRAM; AND comic3 ~ AD~XIXSTRA?ION AND CERTIFICATION OF Jt~SISTANC~ PRO(~RAM - ~D [Con~osioner Saunders stated this item must be considered an because Collier County must have this ordinance in place to '~blo to receive the $254,395 allocated for FY 93 through the ,~x~mt~tt~ moved0 meoon6ed b~ Couulootoner N~ttb~em , M~hmlic explained the State has re3ected the original plan ",i~lquosted certain amendments be made. He said eligibility for ~]lp&ct ~ees currently depends upon employment within Collier .. June 22, 1993 Re edvtaed the State believes that language to be discrtmina- to the disabled and elderly who may not be gainfully auld will not approve the use of SHIP funds for relief of i:~feee with that requirement° He said Staff is proceeding to a~ended impact fee ordinances to remove that language. M~h~lJc remarked Strategy #4, assistance to community-based ~&tlons, must be removed from the Housing Assistance Plan. He the State's earlier direction was to encourage community- ons. He said Strategy #5, federal or State match, :'~1~ Fe~oved ~ntil such time as the County receives the particular .~g funds. A% that time, he said, the Housing Assistance Plan t,~ Incorporate this strategy. He continued that #~, lan,] acquisition, must be modified to state that wil! begin within 12 months of closing on an acquired followin~; persons spoke regarding this item: Dorothy Fitch ~rence to comments made by Ms. Varner, Commissioner Saunders i~t Co%%nt~/ Attorney Cuyler evaluate whether the County can ~nm~e m~a:~nst non-citizens of the United States. ~t~ ~, ~co~ ~ Co~lmetoner Norris ~d i'~~2~, to clo~ t~ ~bltc he~tng. Vol~ ~, ~co~ed ~ Co~seloner Norris ~d ~~,1~, t~t Ordl~cm 93-33 ~ mdopt~ ~d en~mr~ into ~ ~,. 61. k. ls ~, ~co~ W Comlsston~r Vol~ ~ ~~~1~, to ~t ~lutton 93-251 ~1W the ~1 Page 7 June 22, 1993 !:T°m Olltff, Public Services Administrator, provided a recommen- that the Board execute an agreement between Collier County and :Ion of Unit Owners (AUO) of the Registry Hotel. He February, 1993, the County went out to bid for concession Clam Pass Park, and the sola proposal was submitted by the 'said after review, Staff felt the proposal was non-responsive Board directed further negotiations take place with the AUO, further extend the existing agreement until June 30, 1993. Olliff reported due to ongoing negotiations, the agreement tn ~.agendm package has been further amended. Referring to page 2 of , he maid, the County*s contribution toward the tram sar- Ben revised to consist of $40,000 for the first year, with being adjusted in subsequent years according to the change In tram usage over or under the previous year. He other minor changes within the proposed contract, on pages Constantine couented he Is not comfortable with an extension of this contract after five years. He said at the time, this should be opened up for bid. He also mentioned not a~ree with reducing the amount of concession fees paid ~'.ths.County from 20 to 10 percent. He said the tram service ts t° the hotel and not a burden, tn that it provides access :h they would not otherwise have. .O~ltff pointed out The Registry has stated they lose $150,000 'on,those services. ioner Constantine suggested tnstead of losing $150,000 per is providing a service to their guests and is an expenditure tn order to call themselves a Page 8 $~e 22, 1993 [esloner $.~undere added it ~ould be lnteresttnf to estimate ~t off t~ dollars The Reg~str~ Is saving b~ using a Count~ ~:~p~sed ~o ~lng The facility ~he~elves. .oner Vo~pe stated the Board ca~ot lose sighk of ~he ~ac~ ~s predo~n~t~y used by Collier Cowry residents .Olliff agr,~ed that 65-70 percent of tram users fall within '~°(the extension of this contract after five years. He also tha~ thirm ~I a Benefit to The hotel through the tr~ service. the ~rcenta~e off concession fees be ~ncreased to ~8 per- ~ co'nI~It~nt ~th other C~ concession a~ee~en~s. .3°Ie~h ~cHackln advised he has the authority to approve :not ~ve the author~t~ to a~prove the chan~es added b~ the oner $~aunder8 asked whether Attorney HcMacktn has the p't an extension of the existing agreement for another he ~ets with the AUO? ~torneyNcMac~cin responded tn the negative, addLng he may be able a'gre,~ment for ~ese than two weeks. ['.[mma~l¥, to extend the current ~gree~ent to ~ul¥ 15, eot to l~ ~~. ,~= 10:25 A.N. - ~~: 10:40 A.N. it ~lch t/I ,00, 49 Saunders indicated that Item's #8H1, #8H2 and #8H4 concurrently. 'Conracode, Capital Projects D/rector, noted that Staff racom- 1993 a~ 9:00 A.M. a~ the meeting date and t/me for the on the con~l~tton off the preltmtna~ assessment ro11~ ~cduct/on Park ~d the Pine Ridge lnduotrtal Park. ~atth~s advised that she would Be ~able to attend. Sa~dero ~ggested that the item could be heard after ~ard of Cowry Co~issioner'o meeting of July 20, 1993. Vo~pe asked if the assessment rol~o have changed from the adopt/on sT the preltminar~ assessment rolls? Mr;'C~recode replied that no ot~tfftcant change8 have been made. D~rector Yo~os~ recalled tha~ the Board extended the S~th c~nt~ heartng~ ~cau,e off the large amount of people e~cted. He advised that these t~o areas have the 60 ~d tn order to mer~e the t~ rolls th1, meeting ~t off to 3uly 27th. lls~ &.~l. ~ '~ly 20, 1993, t~re~ ~tlq Page 10 'This ~tex was heard tn conjunction with Item #8HI. Volpe moved, oeconded by Comm~mmlo~r Matthew~ and ~~ly, ~t ~ ~l~c b=l~ for t~ c~fimt~ of --t ~11 for t~ P~ R~ I~tr~al ~k Page June 22, 2993 Marc Samet, Collier County's Financial Advisor, explained that the~e' ~pecial assessment issues ars light industry/commercial com-' & negotiated sale is anticipated and recommend that if an ~rade rating is not achieved, a negotiated sale in the form placement to a limited number of accredited investors be thOrlzed. He reported that the county's finance committee racom- that William R. Huff and Alex Brown & Sons, Inc. be desi~nated the/underwriting, he added that in the instance that one o~ both do not receive an investment grade rating requiring private lt~-it is recommended that the Lead Manager be Alex Brown & but if one or both ara investment ~rade rated it suggested that R~"Huff larva in the capacity of Lead Manager. ~ Volpe moved, seconded by 'Comm~ooloner Norris ~1¥, that Stiff ts recommendation bo approved mm st&ted ~ ~ ~ ~ p2~e ha ~:)eces~ to obtain that Iteff proceed with the .la of the special uoeo~ment · z&ar~g J~m e~s TAX (BO~H SUPER MA~OaZTY ARS p~zR~mn~) TO BE ITEM~ TO BE DKLKTKD FROM THI COUNTY,S 5 YEAR ROAD PROJECTS WITH THI CITY OF NAPLES County Manager Hargett provided a brief introduction and "of ths County's five year road program. %LttStnger, ~rowth Management Chief, reviewed an outline of ive qualitative report (copy not provided to Clerk to the reveals the consensus of the Transportation Planning L~teinger reported on the concurrency requirement which .Tune 22, 1993 provide road improvements that are concurrent adopted /eve:Is of service the community has selected .tmelf, ~. ' Ltteln~er pointed out the various reasons for the ~rrent '~d r~ealed a n~Ber off ~setble solutions to the sales t~ which was defeated tn 1990, the doubling off ~c~[ fees tn 1992, and a c~t~ ~lde road Improvement dt~trtc~ ~htch ~ late~ ab~donded. He noted that the adopted ~olt~ t~ 1~ut~ revenue ~nds backed b~ covenant ~d appropriate ~ual debt ee~tce from le~all~ available non- reve~ue~ tn the co~tn~ f/sca/ ~ear. iht" [Ltt~tnGer ~tntatned that it ts the consensus of the Pl~ln~ Co~lttee tha~ not funding the /dent/f/ed mlnt~ ~eede In capital contraction has a number of concluded that the Board review and accept the list eC~e that will be presented and direct Staff to include the ,/et'of projects into the annual tnventor~ report on public facilities ,~annual Capital Improvement Element updated amendment, and ~lt;.~that the County Finance Coulttee Issue revenue or gas t~ Se~/ce~ A~tn/~trator Arch/bald reported on the e~ta '*llated tn the Staff report ~d their statue. ~e reviewed the ~C~ Tr~ortatton Plying Database Capac/ty ~alyete ~d /Capital ProJecte Report. He stated the need to t~e 0o~'8 network roa~ays and rese~e the ability to roa~y ~steR. McNees, Budget D/rector, described how the revenue from the ~ld ~ u~ed to alleviate the deftc/t on the schedule pro- Staff report by ~ndtng the .050 ~as t~. Sanders remarked that the objective ts not to adop~ gll t~ today, but to authorize the advertisement of an ordt- ~0'~t~t a ~bltc hearing could be held. 68' Page 13 ' F ' r 3une 22, 1993 er Constantine questioned whether two Livingston Road lets,' item 18 and 19, on the cost summary were concurrency drt- Chief Transportation Planner, replied that the two ROad projects could be considered a concurrency issue, in '.absenc® of these two improvements, other Improvements to meet con- currency would have to be made. to Commissioner Volpe, Mr. Perry confirmed that the issue is only at the intersection of Airport Road and Gat® parkway, as well as south back down to Radio Road and Boulevard. 'Co~tesioner Constantine cemented that because the general area ~urr°Undtng the intersection to not a point of origin nor a point of for a great nuaber of people, how will Improving this relieve other roads? ;-'Perry replied that Livingston Road provides an additional · roadway. CO~.tsftoner Volpe agreed with Commissioner Constantine, alleging Livingston Road provides no relief to any o~ the roadways. Se~lces A~ini~trator Archibald remarked that Livingston Road would relieve the congestion at the inter- of Golden Gate Parkway and Airport Road. /COmifsioner Constantine asserted that in a literal sense, these Projects were not concurrency driven. ~' "*';.Perry argued that they were, that the grade separation that deleted from the work schedule and replaced with these projects. r Volps stated that the slx-laning of Golden Gate lhould be a priority, and should be included In the 5 year Mr~ Perry detailed other projects on the Project Cost Summary and ~m~Wered The Board's questions regarding these projects. Manager Dorrtll Inquired if there is a way to distinguish existing roads for which there is a proven concurrency and OOO 69 .~ ~0~~,£ Page ! 4 Suns 22, 1993 r~ada that,lower future concurrency? Services Administrator Archibald stated that the illtarlc°unty Transportation Planning Database Capacity Analysis in the Staff report makes that distinction. ~r Saunders concluded that the list of projects provided .. i:~'- ":,. ifbllowtng people spoke on the subject: Fred; ,Tarrant Erltchman Dorothy Fitch Doektll Dudley Goodlette ~[Ross 0bley Sewell Corkran Cow'tssioner Saunders announced that the Board has two tasks, one ~t' the Staff report presented and then make a decision :o advertise the resolution and ordinance for a public hearing issue of the levy of the gas tax, and If It ts advertised the ordinance would provide for the levy of the tax with the · aJortty of the Board and/or call for a referendum. loner Constantine expressed his concern of whether or not a ~tax. Should be lev/ed and for how long without having a dollar '!o ~Ork with. O0~isaloner ¥olpe requested those existing deficiencies and those deficient tn the next 5 years be recognized ao that ~Can be planned. 'Assistant County Manager Hargett advised that although this can be 24 million dollar debt has been Incurred because of what has ,previously. ~o~miSsioner Matthews stated the concurrency problem should be aa it ts now. She noted that the 301' Budget should also be la'; so that road projects thai: ~ust meet concurrency can be possibly putting the gas tax Into effect that will meet only concurrency projects and then let the general public decide the ~-'and any additional road projects that ars not concurrency r Volpe Inquired if a tax were levied, either by super Page 15 '"~. 3une 22, 1993 or",'refsrendum, who would determine the amount of the tax? County Attorney Cuyler indicated that it ts permissible for the to determine the amount of the tax. ;~,, Hargett revealed that the t~ could ~ increased ~ually In CO~t~sstoner Const~ttne contended that a consensus ts needed of ~ro]ects on the cost a~ary that are appropriate and ~rlate so that a s~set ~y be established. C~tset~er Vol~ ~g9ested that the costs of the projects that SCheduled for const~ctton ~een 1993/94 ~d 1997/98 be iden- "~d'h~dled thr~h repa~ent of the Co~erclal Paper Program. ~.Co~tssioner Sanders asked what road ae~ents should be dropped Const~ttne replied that n~bera 9, 18, 19 ~d ~9 Volpe stated he would like to see what projects are deficient or will become deficient within the next five Norris ~uggeeted that Staff be directed to remove ~se :but~come back with the minimum that can be done and remain i~F,: de'fenetbls. Co. Isotoner Matthews noted the priority items 12, 13, 14 and 15, i*~aked,tf they were deleted would It cause a modeling problem? Mr. Archibald responded that It would not be a problem. ~M ~J~mml¥, that ltm g, 18, lg mM ig mlon~ with the .~ to rwduce to tl~ ~raat~t w~l:ent possible th~ for the next 5 Fear period to d~tar~/ne ho~ ~uch If tm will be needed. ,loner Saunders suggested a motion he made to determine If ordinance for a local opt/on gasoline tax up to .05¢ shall be and If os, should it be determined by super majority of 'BO~d.0f county Co~tssloners or referenda, adding that adver- 000 71 Suns 22, :1993 either ars possible. ¥olps pointed out that tbs ¢tt¥ of Naples baa not of the t~ would be used :Co~l~s~oner Const~tine asked what percentage of every dollar Ci~ of ~aples receive from the gas t~? Se~lces A~tnletrator Archibald responded that of ~tton ga~ t~ ~rrentl~ tn place, the City o~ Naples 18~, adding that the last audtt with the City of Naples was 1985. ~~1~, ~t Staff ~ dlr~t~ to ~rtt~ ~ ordt- ~t to ~l~ 336.025, Flor/~ Sta~t~, ~ 1~ a tu ~ to .05C l~al ~~ ~ ~ ~J~l~ of ~ ~d of C~ C~t~t~re with ~te ~ ~~M at a ~bllc ~ Cl~ of ~1~ ~ t~ ~. res~nse to Coulsstoner Saunders, Count~ Attorne~ that the resolu~1on does not address the manner in which ~ ~t into effect. ~~ 98-1511, ~ORIZIIG ~ CO~ ~a~ ~ g~ ~lll Saundere remarked that this is a routine tteu the County Hanager to approve certain agenda tte~s during period when the Board will not be meeting. ,00 O00P, 72 Page 17 22, ~993 73' Page 18 June 22, 1993 ~["// A~sistant County Attorney Manalich stated that the Board received .& ~e~o, under separate cover, Indicating the minutes from a meeting held' last year when the issue first came up relating to the State Attorney proc~ring some modular office furnishings. He remarked that die~ueelone were held and this matter became slightly more ~pl~cated because staff had to deal with the Issue of prosecution County Attorney Manalich advised that in Suly, 1992, )tar 92-300, Laws of Florida, became effective, and provide that its collected by the state attorney would be deposited Into the :ate attorney's ~rants and donations trust fund. He indicated that ,t0r, to July 1, 1992, it was unclear as to where those funds were to depOSited. County Attorney Nanaltch called attention to Page 3 of Executive Summary, reflecting the costs collected tn previous ,ye~re and how they were applied. He pointed out that the far right '-lists the total a~ounts collected, but were not used for state County Attorney Manaltch stated that the proposed 'affrenent would address the state attorney's budgetary needs, in addt- to having the prosecution costs prior to July 1, 1992, applied to get.. -Finance Director Yonkosky explained that the Intent of the la,reagent is to work out an equitable solution. He noted that the :Attorney's Office has allowed those prior expenditures to be expenses the county was statutortly responsible to :' them' ·olpe ~, s~cce~led by Coati.loner lo.rte ~ ~ ~t ~ ~ collate. Page 19 I}OJLIT&~ ~ COI~qY~TJKIT~, IIIC. ]t~ I~OIIT I~&RC0 P~ltl:IllQ LOT &ID .::Co""tsetoner Matthews stated that she is not cognizant of the cost appraisals. aPPraisal. She raised concerns with regard to the $4,500 cost of C,ount-y Attorney Cuyler advised that Kevtn Rendricks from the Real Department went through the R~P process and Coastal '1nesting Cormultanta was the lowest proposer. '~/latoner Matth~a re~rked that she 10 satisfied with the cost ~1~, to a~ t~ &~ral~l ~~t w/th .lag~hlg ~tlmtl, Inc. ~OOK Page 20 3une 22, ~-g93 .- Administrative Assistant to the Board Fi/son reported that this .item is · request to appoint one member to fulfill the remainder of a ,~..'~clnt'term'~. expiring on April 21, 1995, on the Forest Lakes Roadway rind Drainage M.S.T.U. Advisory Coutttee. ':.,. Ms. Fllson advtaed that ~h~ r~*~tv~ on~ r~,u~ fro~ ~h~rl~ O. ;~l'aP~lnt~en~ of ~r. Varney. ~:.~~ ~lF, t~t ~luti~ 93-254, ~lntl~ ~1~ O. ~OOK $9 ..',,,/ :;- -. Page 21 3'tree 22, .1.993 AdminAatrative Aasistant to the Board Filson explained that this request to appoint one ~ember to eerve a four year te~, e~lrlng Aunt 26, 199~, on the Marco Isled Beach Renourle~ent Advtso~ ~'Ooulttee. .V=~e 22, xgg3 Ad~inistrative Assistant to the Board Ftleon advised that the ,~::i.Contractors Licensing Board has three terms which will expire on June She indicated that all three members requested re- however, Paul Jackson has since withdrawn his applica- ; /, Ms. Ftlson stated that both applicants, Flaye Stansbury and Lionel ~sPerance are qualified for re-appointment. She noted that she has ~advertlaed for the third vacancy. ? 9:1. Page 23 Mr. Ralph Esposito explained that he has a closing in two days on ?e piece of property. He remarked that there is an easement on the .property. that needs to be vacated. Re noted that there is an 18" steel reinforced concrete pipe which runs between his property and the '.adjacent property. He revealed tn order to obtain normal financing, :this easement needs to be vacated in order to receive a clear title questioned how this could be accomplished tn a timely manner. ;~ :~ County Attorney Cuyler stated that Mr. Esposito can discuss th~s matter with Assistant County Attorney Ashton. He noted that in order to resolve this problem, the petitioner will need to present a peri- to vacate a portion of the drainage easement to the Board of , COunty Commissioners. :"T~e consensus of the Board was that AssLstant County Attorney Beet and discuss th~s ~ssue w~th Mr. Esposlto. ~ T9 ~ ~ AKIA OF ~TEI~LAD~ CITY AIRPORT ~ TI3~PO]~Z : P~E~II ~ 'FIITIVITI~S OVER ~ULT 4TH (?0TH AIIIVEISA~f 0F COLLI~ Co~aissIoner Matthews advised that she received a telephone call · fro~ Mr. Conway of the Everglades City Chamber of Commerce, with :(regard to the weekend festivities of July 2, 3 and 4th. ~:" ¢ow"ll$toner Matthews stated that tn the past, the grassy area of the'Everglades City Airport has been used for parking to accommodate large' crowds for various functions. She revealed that the Chamber ts reql/sSttng Permission to utilize this area, which will be well marked attended, for parking. County Manager Dorrill suggested that he be authorized to issue a ~Llm~ted Use Agreement for that County-owned property. He indicated .the Chamber will either have to poet bond or agree to cleanup Page 24 3une 22, 1993 ~ the.' property if there la trash, etc., and properly =ark the area. L~ ~ ~t, stt;lltl~ t~t t~ ~klq usa ~ p~rly Pa~e 25 Suns 22, ~993 Cou-isoloner Constantine remarked that the Executive Summary indi- cotes that 'the vendor for the portable and channel radios to the only one able to Beet the Shertff*o Office requirements.' He revealed that .after talking with various manufacturers, it: appears there are seven ~.;~;vsndors who could meet the requirements for this equipment, unless there is something extremely out of the ordinary. Communications Equipment Manager for the Sheriff ts Office McNult¥ explained tha~ Motorola equipment has always been purchased in the .- He advised that the Sheriff fa Office has ~ts own Baintenance which alleviates mixlnG~ parts from various Banufacturer'e radios. :,~;::.~..../ ~: Coniesioner Constantine questioned whether there has ever been a bAdding process for these radios, to which Mr. McNulty replied to ~he best of his know/edge there has not been a bidding process since Motorola has been the sole source for purchasing radio equipment Coniesioner Yelps questioned whether there is a basis in which to waive the formal competitive bidding process based upon the infor- mation provided b~ Mr. McNult¥. .. County Attorney CU¥1er stated that he believes everyone 'acknowledges thio is not a sole source provider, but noted if there is i.; a s~tuation requ~ring delivery of the radios fairly quickly, the Board could waive the formal bid process, based on an emergency con- oAderat ion. Mr. McNulty reported that the vehicles that will be using the mobAles have already been received. C~ls~io~e~ Ilatt~ Bored, seconded by Corn, Isotoner Const~ntin~ and ~TI~ ~aan~l¥, that the Sheriff ~ollo~ the noz~l bt~lng .-~,'e~p~.~'~m~t~ ~ ~.l,.tcit lt.l~e for the : '~,.; .... ~.:,~ ,' .. ,o0K 94 .. :.,'.. Page 2 6 'i' ~.:. '::/ · June 22, 2993 ;:~ Commissioner Saunders suggested if this creates a ~blic safety Problem, in te~ of needing the radios more ~ckly, tha~ Mr. McNulty :r to the ~ard next week ~d so advise. :~~ I~, ~ ~ 93-~, ~ ~U OF ~Y, ~ I · /~ ~ "A" ~ "~" ~ "~" ~ ~T D~~ ~ ~ ~I~ ~ : ~ ~, ~~ ~ ~ V~ILT ~ ~ RI~~Y Legal not/ce having been published In the Naples DaLly News on ~-:~,,Sune 3, 1993 as evidenced by Affidavit of Publication filed with the Imbltc heartng~,ms opened. ~'~Plm'mer Milk ~nnonnced that tht~ ~tltlon t~ ~ ~n~nt to th~ /ex~It~ng Wtlsh~re Lakes PUD Docent ~d Mater PI~ in order to add ..~ ~ acres of l~d to the proJec~ slte which w~ll ~ncrease the s~ze of original Wllshire Lakes PUD from 214 to 216 acres ~d increase the ~.of resldentlal ~ell~ng ~ts from 414 to 445. He ind~cated that the applicant wishes to use this opportunlty to repeal the ~[j:~Wllsh~re L~es PUD (R-89-34) ~d replace ~t with a new PUD Doc~ent ~.~d Master Plan. ~.'.~. M~lk ~ndlca~ed that originally, the petltloner~s ~n~ent ~Lght ~adeau has advised that the Increase ~n density should only Cont~late a re.est for addLn~ 32 additional unit8 to the POD, ::there., reducing the original r~est off 60 dwelling ~LtB ~ one- ~'half. He noted ~ha~ the additional 3~ dwelling units proposed, ~;:~.dlrected to the ~o acre site t~a~ ~s to be added. HLlk described the location of the ~o acres 8Its aa · ~fo~l~s: adjacent to the ~ltL-f~Ll~ tract in the ~ll8hlre L~es PUg 'and idJac~t ~o ~he VanderbLlt Beach ~oad Extension. ::.L;.:;*~r. KLlk advised that the gross project density for the proposed ~ent La 2.~ ~Lts per acre. He noted that the vehL~lar generated by ~he ~en~ent ~1~ not exceed 5~ off the Level of June 22, 1993 Service "C" volume and wi1! not lower the operating capacity of any r'OadWay segment. Mr. Milk remarked that the project access will be control/ed with a ~uard house ~d a se~r~ty office. ~:":~' ~ Mr. Milk stated that the Collier Cowry Pla~ng Co~oo~on {CCPC) heard th~o ~t~t~on on June 3, 1993, and reco~end approval, ~bJec~ [.z''to deleting Section 7.12 of the PUD Do~ent. Mr. ~ght Nadeau, representing the Petitioner, stated that there will ~ a total of 104 ~lts within the 8 acrs mult~-f~lly site ~';' . Mr. Nade~ re.fred that the CCPC chose to strike the o~age pro- ;' ~'v~s~ono fro~ the PUD Doc~ent Referring to a handout he e~la~ned that the left co~u~ represents the silage in effect at the t~me the ~ was approved-, the m~ddle col~ d~ ~d the e~age ~n the right col~ ~e what ~s ~ng proposed ~ the ~ppl~c~t. He c~ted after d~scuss~on w~th the petitioner, he '~s w~l~ng to ~e concessions to the s~age as depicted ~n the r~ght h~d col~ as follows: Four P=o~ect Identification S~s, SO Sq. F~. w~th a ~~ he~gh~ of 6~ S~age Internal to the Development to be <""6;~ ~ . Sq. Ft. w~th a ~~ height of 6~,- ~d ~o 30~ Internal Prelect Mr. Milk e~la~ned that staff con.rs with the pro.smd Internal pro~ect ~dent~f~cat~on s~s, however, the ~dent~f~cat~on s~s on the loca~ r~ghte-of~ay are · ~-etaff does not agree w~th same. ~',~ ;~ . Mr. Jo~ Bru~ger pointed out that this pro~ect has approximately ~/2 mile of frontage on V~derbilt Beach Road. He noted that he w~ted to add s~11 si~ identifications on two corners of the pro- ~re were no ~e~ers. ~l~tsSt~ ~ I~csd that th~ p~bllc he~tN is closed. Planner Ntlk requested that two motions be made: one for the Rezone and one for the amendment to the PUD. Page 28 3une 22, 1993 ~'~Co~dmto~e~ Const~nttn~ moved, m~-ond, ed bT' Commissioner ~re ;b ~ ~l~t r~latlm with t~ 31 ~ltt~l ~ttm. ~11mrJ.~ ~ ~- lz~-re~e In the 4enstty o£ 18 ~tte ~n4 that tbs stgn~ ~ to the provisions of th~ L~nd Development Code. (~4~) . Legal notice having been published in the Naples Dally News on .;.;.June 3, 1993, as evidenced by Affidavit of Publication flied with the "Clerk, public hearing was opened. ~Planner Meeks stated that the requested rezone is pursuant to the Zoning Re-evaluation Ordinance. He noted that the subject property ts C~rrently zoned C-1 and the proposed rezone would be to the RMF-12 .:~;trlct'.ith a density c.p o~ 6 ~its per aors. ~.i)iNr. Meeks described the zoning and development of the surrounding 'prOPerties, as depicted in the Executive Summary. He pointed out that the egenda,'lnadvertently omitted the cap of 6 units per acre, all required advertisements and public notices did correctly . sue' ~r..Weeks explained that a Compatibility Exception appeal was Page 29 .,;,..~,~ · ~une 22, 1993 denied on HaY 25, 1993, and included were findings of fact indicating tha~ the RMF-12 district with six unite per acre la consistent with the Growth Management Plan; ~e compatible w~th ~rr~nd~ng properties, '~ ~d re~lt ~n a lesser trafff~c ~mpact on ~rro~d~ng properties ;.f,:~ the ~st~ng C-1 zoning ~d l~kew~se the traffic ~mpact of the ~.pro~sed zoning district would not adversely ~mpact the ~rro~dtng pro~rty. · ' Plier ~eeks remarked that the Collier Cowry Planing Co~tss~on (CC~) rlv~ed th~s petition on ~une 3, 1993, and b~ a vote of 6/2, reco~ended approval. [::, ~. W~ stated that staff reco~ends approval of this petition, that the applicants are ~n ~ee.ent w~th the rezonlng of the ~b~ect properS, as proposed. He revealed that staff has received ~o telephone calls, ~th of which were informational only. '~ ~. AI~ Re~olds, Agen~ for the property o~ers a~sed tha~ he con~s w~th the =eco~endat~on of staff. ~ ~ There were no epea~ers. ~eedseleeer ~m~lerm stated that the public heari~ is closed. %?; ,. ~ A~ ~1~ ~lnt~ ~t t~t t~re ~ fl~ ~ .:':/', .vt~, ~t~ ~lt~ce with t~ Omb ~t tl~, ~ traffic i~p~ct.~hich should he tnoorporated into Co~t#ioaer Consta~tine Iovl~, leCOl~ild !~ ¢o~ailsione~ Iorril :m~d c~zTted mmnl~ousl¥, that l~tltion !-93-3 be approved, tZ~'ot'~at~ the pl~vtous findings, and that Ordinance 93-35 be e~pte~ ~ e~tered into Ordinance Book No. 61. ~ !~ ~ ~ 300* OF 1'.~ ZAJI~ TO ~ ~ TH~ EAST/WE~f PORTZOI OF /'Z~L~/'AZI. DltIVZ LOCATED IN THH ~IAZL NAL~ ~UBDM$ION - AIX~FT~D Legal notice having been published in the Naples Dally News on '/;~:.. June 6, 1993, aa evidenced by Affidavit of Publication filed with the ;;;, ? ,. "' 98 .,,; BOOK Page 30 · ;" 3'une 22, ~.993 .]~ubl~c hear:lng was ol~ened. ,~!.,t Coozmntt¥ Developaent Services A~nlstrator B~t explained that  he residents of ~all Walk ~bdivlston are re.coting a s~reet n~e ,'fc~ge. ~e reported that 1~ of the 1~ propert~ o~ers on the subject streets have sl~ed a petition, re~est~ng the change. He noted that staff ~s reco~endlng approval of the re~ested . .~re ~re no speakers. Page 3une 22, 1993 KE~O&~l'I~251, K~ PA'TITIONAV-93-O04 TO VACAT~ "'ll~TllilTT0~l~ (C09~ANION TO ZTEM;2SA2) -ADOPTED ~/- ~., :'i::*.,' Legal notice having been published in the Naples Daily News on -June 6, 1993, as evidenced by Affidavit of Publication filed with the public h..ing wa. ope.d. ;;]~.' CoUiseloner Saunders advised that this Item will be heard with Ires ~I6A2, ; ~:' Tr~sportatton Se~tces Dtvtston Engineer Huller tndtcate~ that petition ts a re,est to vacate ~atl Wes~ Unit One, Block D, ~atl West Unit One, Blocks E a F, ~d ~atl West Unit One. Hr. Muller pointed out that Item #16A2 is a request to approve the ;'.? final plat of Quail West Unit One, replat. Mr. Muller advised that Letters of No Objection have been received .,.from all pertinent utility companies, Homeowners' Association, 'Sheriff's Office, Fire Department, and Development Services. He indi- Cated that there will be no change tn land use, and staff is recom- Bending approval, based on the Letters of No Objection and the replacement easements provided on the rep/at. :'~ ~... There were no speakers. Co..dmto~e~ ~z~ ~ote4 that the public Co.~I~.t~ ~IOz'Tts .ovid, second, ed bY Co.~tssto~e~ Volpe ~;:k' =striCtly, to ~pprove P~tlttonAV-9S-O04, thereby ~opttn~ , oi 000 P, :102 This item was heard in conjunction with Item #12C2. c~r~M ~mmm/mem~l~, to ~ th~ recordln~ of th~ fLual plat of o. ,oo~ O00,',~d16 ~egal notice hav~ng been published in the Naples Daily News on 3' 1993, as evidenced by Affidavit of Publtcat~on fi/ed with the ~ Clerk, JT~blic hearing was opened. Count~ Attorney Cuyler advised that there have been no changes to the ordinance since the Board's last discussion of same. He related that there are some 1tams that will be removed from the ordinance. He called attention to Page 4 of the Ordinance reflecting a "bolded notes which references the matter of amending other ordinances. He indi- cated that that "note" would be removed since it ts merely an tnfor- Bational item. -i~',. Coua~ty Attorney Cu¥1er revealed that thJ8 version of the ordinance provtdeJ that the Airport Authority will be independent of the over- View and regulator~ authority of the County Manager. A d~ecuss~on ensued with re~ard to the Airport Authority operating t~nder the County Manager. Commissioner Constantine remarked that it ~uuld be an impossible situation for the Director to serve "two BastersM. Comuisstoner Volpe pointed out tn terms of good goverrunent and the chain of command, that the ~oard of County Commissioners should not be Involved in the day to day management of the airport. He suggested that the chain of command be through the Manager*s Office, Commissioner Volpe questioned whether the Authority would be sub- Ject to golng through the competitive bidding process. County ,,;?[~ Attorney Cuyler replied that he antlctpates that the Airport Authority ~.~ would be subject to the competitive bidding process, and noted that ~: their exact procedures will be defined tn their admtnlstratlve code which has to be presented to and approved by the Board. Commissioner Volpe stated that he would like to see the employees of the Airport Authority subject to the oame policies and procedurea Page 34 'k ~' * June 22, 1993 as all other ~gouernmenta! employees-. ', Comtssloner Constantine reported that he has had discussions with several of the various civic groups and organizations throughout the ',[County and they have expressed the desire to have the Airport .. Authority answering to the Board of County Commissioners. :j/ Commissioner Matthews remarked that the citizens of Immokalee ~;';;. iwould like to see the Authority exist tn order to promote industry. ;~W:;,~'~>'-~. She noted that there ts some concern in both directions as to whether ~[' the Authority should be under the Manager or the Board. !:. · Co,missioner Saunders reported that he tends to agree with con- j cema expressed by Commissioner Volpe. He called attention to Section Seven of the Ordinance, the last sentence of Sub-Paragraph 'A", "It is ~'~l[/'/intended that the day-to-day activities of the Authority and the Executive Director of the Authority shall not require prior approval of the Board.' He noted that he does not object to this language but suggested that the added language, "subject to Board of County Comissioners approval" be included in Sub-Paragraphs B1, B2, B?, BS, ' Co~tsStoner Saunders suggested that the appointment of the Executive Director in Section Ten be subject to approval by the Board '; of County Co~isstoners. Co.missioner Constantine remarked that the role of the Board of · County Co~tseionera ts not to oversee the day-to-day activities of the Airport Authority, however, by requiring the additional items to · . come before the Board, the Commission would be overseeing every minute ' !,i.'."'.,~ Comtsetoner Matthews suggested that within the creation of the ,~ Authority and the appointment of the Board, that the first task be to ':~:~ develop a business plan to Include the projected contracts and leases anticipated for the first ~8 to 24 months of operation, subject to approval by the Board of County Commissioners. County Manager Dorrtll remarked that the Authority would be under the ~urtsdictton of the County Commission and should be tn the County Page 35 Nan·get * · agency. June 22, 1993 He revealed that airports are Important but they are not aa t~portant as sose other things. Re indicated that he believes the Board can accomplish what it desires In addition to acco~rpltshtng the desires of the EDC. The following persons spoke with regards to this item: Dudley Goodlette, representing the EDC Fred Tho·as Scott Ca~eron Bill Neron John Betzler George Barton RalstghBsach ~lom~r ~ announce~ that th~ public l~e~rln~ ts cloo~d. c~'~l~~2y, to ~ the creation of the Airport Authority, ~o4o~t.t,n~ Ordinance 93-36 and entered into Ordinance Book : tl ~lt~ t~e i~lle~lng clmn~es: The Ex~cuttv~ Director sh~ll z~port to tt~ ~ II~a~r, ho~v~r, the #1~ttoa of the I~c~tt. Dt~tor will ~ ~-lt~H ~ t~ lt~rt Aut~rlW ~ t~ ~tsi~ ~ ~ ~ ~ of ~ ~tssl~rs; sectia li~t, al ~rk Dt~ ~ ~ t~t~tg ~tth or wit~t c~ ~ a ~J~tW of t~ ~~ ~, '~t~ into tntlrl~il ~~ts...nbJKt to ~1 by t~e ~ of C~nty con. lesion·rs; contracts with v~l~s of ~ors th~n $6,M e~' the lalimded threshold ~o~nt in the Purch~ing Policy Comr~ntty Development Services Administrator Brutt announced that this petitioner ts requesting an extension of its conditional use, ,ooK 000P, '-ll9 Page 36 ~.,:: ~un~ ~2~ ~993 noting that previous extensions have been granted. Re remarked that the church As experiencing difficulties An obtaining financing but staff has met with the developer, engineer and members of the congre- gation and At appears that they are moving ahead. Mr. Brutt stated that staff As recommending that a one year exten- sion be There were no epeakers. ~- ~-,~-_--:. Smmd~r~ ~dv~s~d that th~ public h~J~ /s clomed. Ommrlsmtoe~r Const--','.tAn~ moved, ~econd~d t:,y Comml~Aonw~ N~tth~ · ~d c~l't~ ~m~/mously, to gr~t tbe extension of PU-90-9, ~nd that ]~olutio~ ~-259 be adopted. '. Page 37 Co--tssioner Saunders remarked that this discussion ts with regard to a memo from County ~.ttorney Cu¥ler relating to a contact person with the Department of Community Affairs (DCA). Colmlssioner Matthews stated that she concurs with Mr. Cuyler's me~o recommending that one specific member of staff be desi~nated to keep tn touch with the DCA. She reported that she has communicated with the DCA on several occasions relating to various ~atters and there are any number of citizens from the community faxing messages to .'~ the DCA, indicating that Collier County is not doing something or /,~::. other J i:.i' Cow-tssioner Saunders remarked that he ts certain that the County ~. Manager is responsible tn making ~ure 'his staff ts communicating with County Manager Dorrlll advised that his staff will not be con- tatting DCA ~less it is coordinated through County Attorney Cuyler or Assistant County Attorney Student. (lO7S) , :.' ~' Count~z Manager Dorrill stated that Ms. Fern Aitchtson wishes to i'~:. address the Board with respect to a future workshop pertaining to beach renourtshment. [,// Ms. Fern Aitchtson respectfully requested that the Commission con- 'duct .t workshop with Mr. Parker who desires to make a presentation ~..... "i:.to.tncrea~e the Board's knowledge and viable options regarding the e~a~ wdb procebs, lowest cost to the tax]payers, a superior built beach and compatible sand quality. · Commissioner Saunders suggested that Ms. Altchtson ask Mr. Parker '~"- ' to send him a note tn this regard and the Item will be placed on the i!'.j agenda the next time the issue of beach renourishment is to be discussed on an advertised meeting date. Page 38 . '..! June 22. 1993 OmmLtoelcoer Constantine Bored, eeconded by Comt~one~ amd carr~ed 5/0, tha~ the roi:lowing ~teug under the con- .xt~'e~u~ he~d ~Ath Xt~ #12C2 . Cl3tT'I~ OF IFI:PO~TT ACCKPTKD AS S~u~kTT~f FgR KXCAVATTOM P~RM~T CASH Be~ID ACCB"FTI:D AS ALTKlq3~AT~ SECURITY FOR K:XC&V&TXOI FK:RM~? lO. g~LITZNG FR~ZNZIAI~f ACC~PTJL~C~ OF THI ltOADI~Y, ~ ~ F~rR TI~ /llAL FLAT OF "LELY WITH THI STZFULATZCFIIB AS LZSTKD Il THZ ~ See Page': 93-247 ~l~ ~~~ ~ ~ ~ ~~ ~R ~ ~ ~T OF ~~' See Page' WATI~ ]did ~ I',I~ILZTZKB ~ ~R L~Y ~S0~ "~ SZX' - ~ lllXll 1111 IIIIII FJbCI'LTT'~S ACCKPTED FOR MUSTAJI~ VILLAO - ~ ~r. nn~n~n T~T n1~ unnw ~? ~nFS !710 -.!72! Xt~ ~10 RECORDED IN OR BOOK 1847 PAGES 1696 - 1701 ~.. Pag.. 15'~--17¥ ~ Og~ BJUTXCl OF PRX:I~SE TO PAY AJ~D ]Lf3RK~2~ TO ~ P&YMEIT :A O~':~BI~I ~ ~ ~ ALLIOATO~ AUTO SALLY, 1'~3., A ~ See Pages ~C~ A~D ~ ~ ~l~Ff ROLL~ - 11' T3~ ANOUNT OF $15,000 ~ ~N ~ OF THEIR BODG~f - ZN ~ AMOUNT OF Page 40 ~T ~AL i~K~f~C~ZOWAGZ~f- RA?ZORAL ~ ~O!1 AT U.S. 4,1 - I ~ XIMATE ~ OF $70,000 SEE PAGES ~ ~ TO DATI O~ COFfRACT Jm. g2-2'98~ ~R C'~m'I'RUCTZO~ cam:LXm lq, ntT Bed~ LaaJ~"a r&czLrrr~; aJrD AZ~DZ'r'zcmAL $8,ooo CH&BeE ~ DZ~fRZCT_- ~ ~ ~OI~1~ OF $18,0OO SEE PACES .o~ 000 ~,~:]39 ""~'*" June 22, Z993 PLRKARBA ~A The foZlowing mLscellaneous correspondence was fLZed and or referred as presented by the Board of County Com~LssLoners: Page 42 June 22, 1993 Ite~16J1 CERTIFICATES OF C0KRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROI~ItTT APPRAISER ~' No. · 137, 145 Itw~ 916J2 1992 TAX ROLL 05/10/92-06/01/93 SATISFACTIONS OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER See Pages ~l ~ '" ~7 BUD(lET TRANSFER OF $22,000 WITHIN THE 301 CAPITAL FUND FROM THE RECORDS'~ SYSTEM PROJECT TO BUILDING IMPROVEMENTS IN BUILDING PROJECT Ite~ ~16E2 CONFISCATED TRUST FUNDS TO BE USED FOR TH~ SUPPORT OF A CRIME PREVEI~IONPROGRAM - IN THE AMOUNT OF $8,500 Ite~ #16E3 ~rved to ~llA Item #16K4 SATISFACTION OF LIEN DOCUMENTS FILED ON REAL PROPERTY FOR THE ABATEMENT OF PUBLIC NUISANCE FOR EMILE AND MICHELE ACHOUR ON UNIT BLOCK 2??, LOT 17, GOLDEN GATE, AND DANIEL B. AND BARBARA D. BROWN ON LOT 14, BLOCK 91, UNIT 3, GOLDEN GATE Item ~16L1 RESOLUTION 93-250 FOR THE CORR~CTIVE SATISFACTION OF LIEN FOR PROPERTY ONNED BY NARY J. & REYNALDO DORIA See Pages Item ,16L2 ~oved to ~gB ol33- .<. Page 43 June 22, 1993 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 4:55 P.M0 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~UNDERS, CHAIRMAN by the Board on or as corrected ,ooK 000 Page 44