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BCC Minutes 04/27/1993 R Naples, Florida, April 27, 1993 LET IT BE REMEMBERED, that the Board of county Commiss~oners ~n and for the County of Collier, and also 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 here~n, met on this date at 9:00 A.M. in REaULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: (Absent) CHAIRMAN: VICE-CHAIRMAN: (Absent) ALSO PRESENT: Burr L. Saunders Timothy J. Constantine John C. Norris Michael J. Volpe Bettye J. Matthews Dwight Brock, Clerk of Courts; John Yonkosky, Finance Director; Annette Guevin and Sandy Hurley, Recording Secretaries; Nell Dorrtll, County Manager; Ken Cuyler, County Attorney; Dave Weigel, Assistant County Attorney; Frank Brutt, Community Development Services Administrator; Tom Olliff, Public Services Administrator; Bill Lorenz, Environmental Services Administrator; Tom Conrecode, Capital Projects Management Director; Tom Whitecotton, Human Resources Director; Bob Demarest, Library Director; Ken Baginski, Current Planning Manager; Sandy Homeier, Golden Gate Community Center Supervisor; Klm Polen and Barbara Burgeson, Environmental Specialists; Philip Scheff, Planner; and Sue Fllson, AdmAntstrative Assistant to the Board. Page I April 27, 1993 · ComaAasAoners Saundere and Worrle absent aa reflected by 3/0 votes · ~tem #3 AG~qDA - APPROVED I~TH CHANGES Commissioner Yelps moved, seconded by Conisstoner NatthM and carried 3/0, to approve the agenda with the changes as detailed on the Agenda Change Sheet and with the following additional changes: Item #6D - Presentation of 1992 Collier County Comprehensive Annual Financial Report - Continued to 5/4/93. Item #12C2 - Petition SNR-93-1, Donald Duvall representing the Park Place West Homeowners Association requesting a street name change from Aristocrat Court North and Aristocrat Court South to Imperial Drive, which is located tn Park Place West Subdivision - Continued to 5/4/93. Item #8C2 - Request for an extension of the Clam Pass Escrow Agreement - Added. Page 2 (33o) Item#3& CON~ENT AGENDA - APPROV~D AND/OR ADOPTED April 27, 1993 The motion for approval of the consent agenda ts noted under Item #16. (327) MINUTES OF THE BUDGET WORKSHOP OF MARCH 31, 1993, AND REGUL&R M~ETIN~ OF APRIL 6, 1993 - APPROVED Commissioner Volpe moved, eeconded by Conissioner PatthM and c~ried 3/0, to approve the Minutes of the Budget Workshop of March 31, 1993, and Regular Meeting of April 6, 1993. (353) Item 95A1 ~0CLAMATION DESIGNATING M&Y 1, 1993, AS LOYALTY DAY - &DOPTED Upon readtng and presenting the proclamation to Chairman Etleen Remington of the Veterans of Foreign Wars, Conisetonsr Constantine ~oved, seconded by Conisstoner Volpe and carried 3/0, that the Proclmtton designating May 1, 1993, as Loyalty Day be adopted. Page 3 April 27, 1993 LUVS FON T~KPI'H HAVEN PROCLAMATION DESIGNATING APRIL 28, 1993, AS LET US VOL~ DAY - ADOPTED Upon reading and presenting the proclamation to Ruth Batcher and Ellen Old, Co~-iesioner Volpe ~oved, seconded by Couisstoner Const~ntine and carried 3/0, that the LW5 for Youth Haven ~oclmtlon deei~tlng April 28, 1993, as ~t Ua Vol~teer Day ~ Page 4 (s28) SERVICE AMARDS - PRESENTED April 27, 1993 Commissioner Matthews congratulated the following employees and presented their service awards: Barbara Pedone, County Manager's 0ff~ce - 10 years Glen Price, Aquatic Plant Control (not present) - 10 years (~6o) NALEAM~RICA PRESENTATIONS Tom Whttecotton, Human Resources Director, reviewed the results of the 1993 Walk America. He said the various agencies of Collier County Government participated in the event with 363 registered walkers and $11,652 tn contributions. He acknowledged the co-captains and other key players in the success of the event, and handed out trophies to the winners. (?28) FRESENTATION OF LIBRARY CARDS Bob Demarest, Library Director, introduced Sydney Mellanger, Chalrman of Library Advisory Board. Ms. Mellanger presented each member of the Board with a new library card and explained the new computerized card system. (940) PT~SE~TATION OF $6,000 CONTRIBUTION FROM THE FORD MOTOR COMPANY TO THE OOLDEN~ATE CO~NITY CENTER'S LATCH KEY PRO(~RAM Commissioner Constantine presented a check for $6,000 from the Ford Motor company to Sandy Homeler, Supervisor of the Golden Gate Communlty Center, to be used for the Latch Key Program. Ms. Homeier explained how the Latch Key Program began, and how it has expanded each year. She said the summer camp provides a /ow cost, safe and positive alternative to children being left home alone while their parents are at work. Page 5 April 27, 1993 BUDGr~ JI~I~ZlIX~]ITS 93-232/233; 93-235/237; 93-239/240; 93-242/243; 93-245A/245B; 93-246/2&?; AXD 93-249 T~ROUGE 93-253 - ADOPT~D CoBB/mm/oner Volpe moved, seconded by Co~-/ss/oner 141tthm ~nd c~ried 3/0, to &dopt Budget Amendmentm 93-232/233; 93-235/23?; 93-239/240; 93-242/243; 93-245A/245B~ 93-246/247; Ind 93-249 through 93-253. (204S) Zte~A3 BUDGr~ &NZZlZ]HENT R~SOLUTZONS 93-28 THROUG~ 93-30 - ADOPTED Comm/ss/one~ Volpe moved, seconded by Con/seLoner ~tth~m ~nd c~rLed 3/0, to &dopt Budget A~end~ent Resolutton~ 93-28 through 93-30. Page 6 April 27, 1993 (2086) IteB#S&l COI~4UN~TY DA'VELOPM~NT STAFF REQUE$?ING TO NAIVE THE FEE ASSOCIATED ~TH A IL~QU~T I~OR A VARTANCE FOR ESTAT~ ZONED PROPERTY LOCATED AT 101 15T1~ ~, S.N. - APPROVED Frank Brutt, Community Development Services Administrator, pre- sented a request from Staff to waive the fees for a variance request for construction of a model home in Golden Gate Estates. Referring to a diagram he provided to the Board, he explained during the course of reviewing this project, Staff determined that the west side yard set- back should be 10 percent of 75 feet, or 7.5 feet. He said this is an unusual situation, because 30 feet of the lot is actually a right-of- way easement, therefore, adding that footage would result in a total of 105 feet, necessitating a 10.5-foot side yard setback. He indi- cated the builder placed the foundation at eight feet from the west side line. At this time, he said, either a variance is needed or the contractor must be willing to move the footing and approximately three feet of block further to the street on the right hand side. He concluded he is acknowledging a Staff error and requesting the Board waive the fee associated with a variance request. Commissioner Kmtthm~e~ moved, seconded by Commissioner Volpm and carried 3/0, to waive the f~ ~d e~dite a variuce r~est ~e to the f~ t~t C~ Staff ~de ~ error. (12S1) ~ ~ S~ FACILITIES ACCE~C~ ~R B~HI~ ~S, ~IT Y - CO~~ TO ~Y 4, ~993 Commissioner Constantine noted that Items #8A2 and #8A3 are com- panion Items and will be heard together. He requested verification of when and how the hurricane requirements of the developer of Berkshire Lakes will be fulfilled. He recalled discussions concerning this pro- Ject tn November and December of 1992, resulted in the Boardts deci- sion that the original requirements of the PUD Document would remain tn effect. He noted the developer was required to construct a hurri- Page 7 April 27, 1993 cane shelter in concert with the development of Unit 7, and although there is not enough space in Unit 7, approximately 180 acres remain undeveloped within the entire development on which the shelter could be placed. He pointed out no paperwork has been started on the remaining acreage, yet approval for water and sewer facilities along with the recording of the final plat for Unit ? are being requested this date. Mr. Brutt explained he has received information from Staff that the developer must provide the hurricane shelter before the total pro- Ject ts finished, and there is a remaining parcel of land east of Santa Barbara Boulevard yet to be developed. He indicated during construction of that parcel, the developer plane to construct the necessary facilities. Commissioner Constantine communicated that although the original PUD may not have required construction of the shelter prior to final approval of Unit ?, discussions at both the November 24th and December l§, 1992, meetings specified that requirement. County Attorney Cuyler suggested this Item be continued for one week to allow him time to research the records. Brian Paul, representing the developer, remarked the final outcome of previous discussions required the developer to fulfil/ the original commitment of providing an 11,448 square foot hurricane shelter on the Berkshire Lakes PUD property. He said that requirement is not spe- cified for any location within the 1,200 acre project. He noted it is the intent of the developer to provide the shelter, but it ts not clearly tied to Unit 7. He asked the Board not to continue this item, due to the fact there are at least three builders waiting to start construction. Commissioner Constantine stated he would feel more comfortable if the County Attorney would review the previous discussion prior to the Board making a decision on this Item. C~/satoner Constantine ~oved, seconded by Con~ss~onsr Matth~ ~nd ¢~k~T~ed 3/0, tO continue this itel ul~ttl May 4, 1993. Page 8 April 27, 1993 REC0~I~DATION TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF 'BEKESHIRE LAKES UNIT S~EN' AND ~RANT PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAge, NITER AND SEWER IMPR0VEM~NTS - CONTINUED TO MAY 4, 199S This item was heard in conjunction with Item #8A2. Commissioner Constutine moved, secondad by Commissioner Matthew~ ·nd carried 3/0, to continue th~m lte~ ~tll ~y 4, 1993. (~=0) It~ ~C2 ~q~ ~R ~ ~SION OF ~ C~ P~S P~ ES~ A~ - D~I~ County Manager Dorrtll provided the Board with a letter from Attorney McMackin with Quarles & Brady, representing the Association of Unit Owners (AUO) of the Registry Hotel, requesting a sixty day extension of the Clam Pass Park Escrow Agreement. Tom Olliff, Public Services Administrator, also provided the Board with the most recent amendment to the Escrow Agreement, which was executed in February, 1992, and which extended the existing Escrow Agreement to April 30, 1993. He briefly described the history of the agreement which deals with the construction of a third pod at the County's boardwalk facility. He indicated having met with AUO repre- sentatives recently, at which time they were advised he is not in a position to recommend further extensions of the agreement unless spe- cifics about the third pod are detailed. He said AUO representatives agreed to put together a proposal for the third pod; however, because of recent management changes at the Registry Hotel, that has not yet been accomplished. In response to Commissioner Volpe, Mr. Olliff stated the operation of the concession at Clam Pass and the AUO's share of construction of utilities are covered under two separate agreements. Assistant County Attorney David Weigel agreed that the third pod, the Clam Pass concession and the utilities obligations are independent obligations. He said the subject Escrow Agreement does not actually Page 9 April 27, 1993 expire, but without an extension of paragraph 4, the County may act as owner of the $75,000 plus Interest which has been held in escrow in lieu of construction of a third pod. Commissioner Volpe questioned why the Board would want to continue the Escrow Agreement? Mr. Olliff stated the Board must determine if, in the interest of the County, there is a public benefit by whatever may be proposed for the third pod. He said it ts difficult for him to say whether or not there is a public benefit, because there are no definite plans at this point in time. Attorney Joseph McMackln, representing the AUO, explained their long-term goal is to have the Escrow Agreement pertaining to utilities extended for 12 months and the subject Escrow Agreement extended for 24 months. He said that will enable the AUO to determine, with utili- ties in place, what services are needed and what tIr~e of concession opportunities may be available. In the meantime, he said, they are requesting this 60-day extension to get reorganized and present a pro- posal for the third pod. Commissioner Matthews commented this agreement has been in place since 1988, and the Board has yet to see a plan for the third pod. Responding to Commissioner Matthews, Attorney McMacktn stated the AUO has not yet presented a proposal because they did not know what utilities ~ould be installed. For example, he said, if the County decides to leave the septic tank in place, an expanded lunch facility would not be compatible, because there would not be the necessary sewer capacity. He reported, if electricity is not Installed, refri- geration and ~lectric cooking'equipment would not be possible, thereby limiting the type of service. Commissioner Matthews inquired if those decisions have now been made? Mr. Olltff advised an agenda Item is now being prepared for the Board to authorize the engineering and permitting work associated with being able to run the utilities along the existing boardwalk. Page 10 April 27, 1993 However, he said, the utilities designs have always remained fairly consistent tn terms of what would be provided, namely, water, sewer, electricity and telephone. He said those plans have always been in place. Com~tutoner Volpe ~oved, seconded by Commissioner Matthm, not to ~ t~ Cl~ Pa~m Park Escr~ A~eement, the AUO ~v~ng to c~t~ct the third ~d on or ~fore April 30, 1993. Assistant County Attorney Wetgel clarified that the Board actuality ts doing nothing to the Escrow Agreement, and ts allowing the terms of said Agreement ~o operate. Commissioner Volpe communicated that Is the ~ntent of his motion. ~ call for the ~eetlon, the ~otton carried 3/0. e~ ~.~: 10:30 A.M. - Reconvened: 10:40 A.M. RecordA~ ~cre~ H~ley replaced Recording Secret~ Environmental Services Administrator, Bill Lorenz, stated the Corkscrew Regional Ecosystem Water (CREW) Trust is requesting a grant of $20,000 for the operations budget. He clarified tn the budget workshop the Board kept $20,000 in the new budget and ranked this as a discretionary item. The following people spoke regarding this Item: Chris Straton David Addison Ellen Ltndblad Fred Tarrant Commissioner Volpe questioned if Co/l/er County has a commitment in the Growth Management Plan or if there is an tnterlocal agreement with Lee County requiring funding of the CREW Trust? Mr. Lorenz replied that he is not aware of any written agreement, however the contribution that the CREW Trust has asked for from the Counties in 1991, is ten million dollars for land purchase. Commissioner Matthews indicated that she is in favor of funding $20,000 but has concerns as to why Collier County committed to the CREW Trust a few years ago and now will not fund the commitment. She Page April 27, 1993 said Collier County should do all that it can to help the CREW Trust establish litigation banking. In response to Commissioner Volpe, Mr. Mike Slayton from the South Florida Water Management District, (SFhTMD) replied that $82,500 was contributed tn 1992. He said the relationship between the SFWMD and CREW is connected through the Save Our Rivers program, adding that the District recognized the formulation of a trust and a partnership of local governments. He stated that basically the funding needed is too large for the District and the only way to make the project go forward ts by funding from the local governments. Commissioner Volpe questioned if the taxes of Collier County resi- dents support the SFWMD programs? Mr. Slayton stated the Save Our Rivers program is completed out of Preservation 2000 and documentary tax stamps. Commissioner Constantine stated he is uncomfortable with the policy of the County granting money to private entity when six million dollars In tax money ts going toward Water Management. Re said in the Pro~ected Annual Income for 92/93, it Indicates that the difference between the operations budget and the projected income will be made up by private grants or by readjusting the budget. He questioned if there ts room for adjustment in the budget. Commissioner Volpe stated he is not supportive of funding the CREW Trust operating budget at a level of $20,000 for 1992/1993. Co~/fsioner Volpe ~oved, seconded by Conisstoner Con~tantine, to di~a~prove the agreement between the Corkscrew Regional Ico~yste~ #ater~ Trn~t providing $20,000 for the 1992/1993 operating bl~dg~t. Commissioner Matthews indicated that she is committed to the acti- vity of the CREW Trust, noting the CREW Is trying to get the project moved onto the CARL List as high as tt can go so land acquisition will take place. She said $20,000 for funding toward that activity is money well spent. Opon calling for question, the motion carried 2/1 (Comteetoner Matthe~ opposed). Page 12 April 27, 1993 PA~ &I~CRKATION ADVISORY BOARD, LIBRARY ADVISOK~ BOARD, AND THE HISTO~Z~ ARCHAEOLOGICAL ADVISORY PRESERVATION BOARD CON~OLID&TION - DENIED Commissioner Constantine stated the mater/al given to the Board on the advisory Boards activities and attendance and future goals is not specific. County Manager Dorrill stated that there is no Ordinance per- taining to the activities and goals, nottng the Parks and Recreation Advisory Board's primary function is to review capital improvements that are under way and review matters regarding Parks and Recreation that will be brought before the Board of County Commissioners. He said this Board is a good example of an Advisory Board that does not have any direction from the County Commission. Commissioner Constantine indicated that he is not asking whether the Boards follow an Ordinance, but questioned what the Boards are doing as the executive summaries do not state their goals or accomplishments. Commissioner Volpe stated he is in favor of the functional con- solidation of some Advisory Boards, however the Parks & Recreation Advisory Board, the Library Advisory Board and the H~stortcal Archaeological Preservation Board has citizen input and their activi- ties are important. Commissioner Matthews stated she would like to see the future goals of the Advisory Boards, noting that the decision to be made is whether the Boards will be consolidated or discontinued. She noted on the Parks and Recreation Advisory Board summary, it indicates the Boards make their recommendation to the Board of County Commissioners, however she has not seen a recommendation to the Board. The following people spoke regarding this item: Sydney Mellinger ail Mueller Arthur Lee A.T. Felsberg Commissioner Constantine indicated that every Advisory Board will not fit together into a particular group, noting that he feels that Page 13 April 27, ~993 the Library Advisory Board, the Parks and Recreation Advisory Board and the Historical Archaeological Preservation Board should not be consolidated. County Manager Dorril! stated that Public Safety, Human Affairs, Natural Resources, Community Development, the Homeless Advisory Board, and the Information and Referral Task Force will be brought to the BCC for consideration of consolidation. Commissioner Matthews stated the three Boards discussed today do not fit together into a Cultural Board. Commiutoner Natthe~s moved, seconded by Commissioner Constantine and cax~ied 2/1 (Commissioner Volpe opposed), to not accept the reco.- Jndatlon to consolidate the Parks and Recreation Advisory Board, the Library Advisory Board and the Historical Archaeological Preservation Board into the Cultural Advisory Board. (2¢2.) Xt~ ~A DRAFTIXG AIgD ADVERTI$INO AN ANE~NT TO THE EXISTINQ ANINAL COh2~OL ORDXNANC~ NHICH ~ULD PROHIBIT, TO THE ~XTEITT POSSIBLE, TH~ DONATION OR SALE OF ~NAL$ ~RON ANY PUBLIC OR PRIVATE FACILITY TO ANY ENTITY FOR THE PURPOSE OF ANINAL TESTING - APPROVED Commissioner Constantine stated that he has received over $0 let- ters tn reference to this item. He said the County currently has a policy that no animals are to be released from the shelter to scien- tific laboratories for testing or research. He requested that the Ordinance be established prior to the development of the future University being built and indicated that he would like to give the County Attorney direction to create such an Ordinance. Commissioner Volpe said he ts in favor of amending the ordinance, but noted that Collier County has a standard operation policy for County personnel in terms of use of vehicles, and how agencies are operated and questioned if the policy that currently exist is embodied in a manual? He stated that provisions regarding animal testing could be done through a policy Instead of an ordinance. County Manager Dorrill stated that there is a separate County Page 14 April 27, 1993 Animal Control Ordinance but these provisions that are proposed are not specifically part of the Animal Contro! Ordinance which will need to be amended. Commissioner Constantine noted that he asked County Attorney Cuyler to research the control of existing pet stores that are not part of County Government so that they will not release the animals to the Laboratories or the University. The following people spoke regarding this item: Elizabeth Berg Glenna Moore Commissioner Matthews questioned if the policy or Ordinance requires a substantial deposit for the spay/neuter program? In answer to Commissioner Matthews, Mr. Tom 011iff, Administrator of Public Services, stated the spay/neuter average cost is $62.00. He noted that there is very little follow up on the spay/neuter comp/e- tion. Commissioner Matthews suggested that 100 percent of the spay/ neuter fee be placed on deposit in which the Veterinarian can bill Collier County and the County will know that the spay/neuter process was completed. 0o~tssioner Constantine ~e~, seconde~ by Co~tmsloner Natthe~ ~nd c~rt~ 3/0, to direct the County Attorney to research and ~tver- rise · public he.ring ~ndtng the Ant·al Control Ordinance to prohi- bit the sale or donation of ant·ale fro· puhltc or private facilities in Collier County for the purpose of ant·al testing and to further vpdate the Spa¥/[euter fee and any other areas of Interest. (SITS) Ite~ ~B R~OLUTION 93-171APPROVIIG THE CITY 0Y NAPLES COld, UNITY HOSPITAL REFUND11~ RH~NUE BONDS, SKRIKS 1993, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO ~ 9120,000,000 - ADOPTED County Attorney Cuyler called attention to the executive summary title, indicating that approval of the plan of refinancing will be deleted, and the attached resolution has been revised with the language removed. He cited section three of the Ordinance to the ,?-,7 Page 15 Aprt! 27, 1993 Board of County Commissioners. Senior Vice President of Naples Community Hospital, Mr. Edward Morton, stated that the Resolution does not contain any additional funding for new projects or new money, noting that this is simply an effort in analyzing the financial structure of Naples Community Hospital to take the existing debt and refinance it at a lower rate of interest. He said this refinancing should result in substantial savings to the Hospital. County Attorney Cuyler indicated the Bond Counsel reviewed this matter and the only change requested was in the Resolution deleting the provision that stated that the County ie approving the plan of refinancing. ~teetoner Volpe moved, seconded by Conleetonar Matthew~ and carrAed S/O, approving the refunding revenue bonds eertee 1993 An an aggregate a~ount not to exceed $120,000,000, thereby adopting Re~olutSon 93-171. Page 16 April 27, 1993 ¢3ss1) R.~OLUTZON 93-172/CM~ 93-2/)~3 93-2, INSTITUTING FORgCLOSUR~ &CTZOR ON *D~LI]IQU~RTM&'I"~R &ND/OR SEWER SPECI&L &$SgSSI~'NTS - &DOI:"I~D County Attorney Cuyler stated by adopting the Resolution this will direct the County Attorneys Office to institute foreclosure actions on delinquent water and/or sewer special assessments in accordance with Florida Statutes. Commissioner Constantine moved, seconded by Co~-lsstoner Matthews and c~i~d 3/0, to institute foreclosure action on delinquent water and/or ~r ~pecta! us/silents, thereby adopting Resolution 93-1T2/C~ 93-2/M~ 93-2. Page 17 April 27, 1993 (363¢) It~ ~PD REC0~ENDATION TO II~TI~I~ FOBC~0S~ ACTION ON THE 1991 DKLINQUENT PELICAN B~Y SPECIAL ASSESSMENTS - CONTINUED TO MAY 22, 2993 Commissioner Volpe stated that the executive summary indicates that there are 62 accounts that have an outstanding balance of $5.00 or less and it is being recommended that the total cost of $46.04 be absorbed in the Pelican Bay operating budget. He also said the executive summary indicates that there are 22 accounts on the 1991 Pelican Bay special assessment roll that are delinquent for a total amount of $1,521.92, however the fiscal impact states the estimated total costs for the foreclosure suits w~ll be approximately $6,000 to be paid from the Pelican Bay Operating Budget. He said he cannot support a motion for the County to spend $6,000 to collect $2,621.92 within Pelican Bay, noting that there must be a reasonable explanation as to why the assessments were not paid. County Attorney Cuyler stated that notices were sent out which normally the County does not do, noting that a break down can be pro- vided in the next Board of County Commissioners meeting. Commissfoner Matthews questioned if possibly elderly citizens are receiving bills and do not understand what they are for? She questioned if Collier County has a program for elderly citizens; whereby if bills are past due, a family member is notified? County Attorney Cuyler stated that he is not aware of such a program, however, he will contact the Pelican Bay Division Administrator, James Ward, who is familiar with the area and will advise him that the delinquent assessments need to be researched. Co.missioner Volpe ~oved, seconded b~ Co~missioner Constantine and carried 3/0, to continue this Item for two weeks for Staff to prepare a report on the unpaid ~pecial assessments. (349) Item elOA RESOn~TION 93-173 APPOINTING MEMBERS TO THE HISPANIC AFFAIRS ADVISORY 3'7 Page April 27, 1993 Administrative Assistant to the Board Fi/son indicated that there are three vacancies on this Board. She said after issuing a press release, she received two applications; one from Donald Price and one from Margie Nelson. She noted that staff does not wish to make a recommendation on the two applicants. Co~immioner Volpe ~oved, seconded by Co~lsstoner Natthew~ and carried S/O, to a~nt ~c=~ee ~ the t~ for ~tt~l appl~c~ts to fulfill the re~n~ng ~c~, t~ ~tt~ ~lutton 93-1~3. Page I9 April 27, 1993 Ztem#lO~ mourfiol 93-174 APPOINTING ONE MEMBER TO THE GOLDEN GATE PARENAY BEAUTIFICATION ADViSORY BOARD - ADOPTED Administrative Assistant to the Board Filson indicated that whoever the Board appoints to the Golden Gate Parkway Beautification Advisory Board will fulfill the vacancy representing precinct 627. She said one resume was received for this vacancy, noting that this term will expire on October 6, 1994. Commtwstoner Constant/ne ~oved, seconded by Co-~lsetoner Matth~ and c~rt~ 3/0, to a~tnt Catherine D. Farr~ for precinct 62T ~d to c~t/~ to ~rttse for the addttto~l vac~, thlrl~ ~pttng ~lutt~ 93-174. Page 20 April 27, 1993 eec ltece~ed: 12:30 P.M. - Reconvened: 1:25 P.M. aC which time Recording Secretar~ Ouevin replaced Recording 5ecret~ ~ Zt~12C1 O~I~E 93-20 EBT~LISBI~G ~ COLLZ~ CO~ DISA5~ ~CO~ T~K ~R~ - ~D ~ ~ED Legal notice having been published in the Naples Dally News on April 8, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Fra/~k Brutt, Community Development Services Administrator, explained the appointment of a Disaster Recovery Task Force is required as part of the Growth Management Plants Conservation and Coastal Management Element. He noted this ordinance establishes a task force made up of 26 members of the community, including County Staff, representatives from the City of Naples, the Sheriffms Office, numerous utilities companies and other various agencies within the County. He reported the purpose of this task force is to prepare for mitigation and activities that the community should undertake following a natural disaster. He said the group will prepare a program, whereby at the call of the Board of County Commissioners following such a disaster, the team will go into operation and be uti- lized by the Board to assist in reconstruction activities. Commissioner Volpe questioned why the School Board Is not repre- sented on the task force? Mr. Brutt agreed they should be Included and suggested that the Current Planning Services Manager be substituted for a representative from the School Board. Cooen/sstoner Volpe moved, seconded tr~ Coe-tsstoner Matthel~ and carried 3/0, to e~tabltsh the Disaster Recovery Task Force with the &bc~vl n~ted eub~tttutton, and that Ordinance 93-20 be adopted and ante~ed into Ordtn~nce Book No. 60. Item,12C3 RESOLUTION 93-175 RE PETITION CCSL-92-3, ELIZABETH JASON CORPORATION REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LIRE (CCSL) TO ALLOM THE CONSTRUCTION OF AN ACCESSORY DUNE CROSSOVER STRUCTIZRE FOR A PARCEL LOCATED ON MARCO ISLAND - ADOPTED April 27, 1993 Legal notice having been published in the Naples Daily News on April ll, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. KAm Polen, EnvAronmenta! Specialis~, explained the subject parcel is located on the west side of South Collier Boulevard, approximately two-tenths of a mile north of the intersection of South Collier Boulevard and Winterberry Drive. With regard to sate considerations, she said, Staff found as the result of foot traffic, a five-foot wade path that is devoid of vegetation has developed through the vegetative dune system. She advised the proposed location of the dune crossover is sited primarily where the least impacts would occur to the dune vegetation. She added any areas of the existing path that will not be utilized, will be recreated with the addition of appropriate supple- mental clean sand and planted with sea oats. She mentioned the pro- posed crossover is manor in nature and is consistent with the Growth Management Plan. She concluded Staff recommends approval of Petition CCSL-92-3, subject to the nine stipulat:ions listed in the resolution. Dan Or/ich, representing Elizabeth Jason Corporation, presented the Board with photographs and referred to diagrams, all of which depict other properties in the area with dune crossovers. He reiterated Staff's position that the request is consistent with the Growth Management Plan, and urged the Board to approve the variance. The following persons spoke regarding this item:' Karen Larson (with photographs) Ed VecchAo Commissioner Volpe asked for clarification if Ms. Larson is asking as a condition for approval of the variance, that a stipulation be added whereby the property owner would dedicate a three-foot walkway across the property to accommodate public access to the beach? Ms. Larson replied in the affirmative, adding she has a copy of Resolution 91-4§0 in which the Board added that same stipulation to a setback variance. Commissioner Volpe pointed out the subject property is privately owned, and is zoned for development of a 30-unit condominium complex. Page 22 April 27, 1993 He suggested whether or not the variance ts granted, the owner has the right to place a "No Trespassing" sign on the property, eliminating any public access. He said iff the variance is not approved, the native vegetation and dune restoration program will suffer as a result. Ms. Larson agreed, but observed that same point was considered by the Board when the stipulation was added to Resolution 91-450. She said this is an excellent opportunity for public access to the beach, considering how few areas exist, particularly on Marco Island. She also mentioned this area was one of the segments that County Staff suggested the Board consider for acquisition as a beach access area. Commissioner Constantine asked Mr. Orlich to provide a response to the request made by Ms. Larson. Mr. Orltch indicated the question of public beach access is not germane to any issues involved in this request. He said the only conditions the Board can impose are those that are reasonably related to the use being requested. He specified his request is for a private crossover, and he will not agree to providing the public access being requested by Ms. Larson. Commissioner Constantine inquired what is the Board's legal responsibility and authority concerning a property which has been in use by the public? CoLtnty Attorney Cuyler indicated the petitioner has the ability to agree with what is being requested; however, there has been no allega- tion that any private parties have acquired real property interest in the subject property, and absent that, there is no ability on the part of the Board of County Comm~ssioners to mandate either public or any other private access. Commissioner Volpe communicated although he has been a proponent of increasing and improving public beach access throughout Collier County, he does not believe this is the appropriate mechanism to impose that requirement on this property owner. Commissioner Constantine stated the public hearing is closed. Page 23 April 27, 1993 Commissioner Matthews questioned what circumstances were involved in the variance granted through Resolution 91-450 and the additional stipulation imposed by the Board? County Attorney Cuyler communicated he does not fecal! the speci- fics of that request, however, it is his belief that there was an agreement between the parties that the access would be a condition of approval by the Board. Ms. Polen referred to Policy 11.2.1 of the Conservation and Coastal Management Element which states, "existing access for the public to the beach shall be maintained by new development. New beachfront developments shall show on their site plans existing beach accessways, and the proposed developments shall continue that accessway, relocate it on the site or donate it to the County." County Attorney Cuyler advised that his office has always read that provision to mean existing, legal public access as opposed to someone wa/king on the property for three or four years. He said that may be physical access, but is not necessarily legal access. He suggested the access provided through Resolution 91-450 may either have been agreed to or was not disputed by the property owner. Ms. Larson indicated it is her belief that a legal right to the access was not established on that property. She suggested the Board decided the public access element could be used as additional strength and argument to provide for those people within the area. She noted neither the Land Development Code nor the Growth Management Plan has defined public access as only that which is legally supported by those kinds of elements which must be provided to a Court. Co~tuloner Volpe ~ov~d, seconded by Comaisetoner Constantine and CaXTied S/0, to approve Petition CCSL-92-3, thereby adopting P,~s~l~tl~ gS-175. Page 24 April 27° 1993 (1626) Ztem#12C4 Legal notice having been published In the Naples Dally News on April 11 and April 20, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Barbara Burgeson, Environmental Specialist, presented Petition CCSL-93-2, whlch ts a request to modify a previously approved Coastal Construction Setback Line (CCSL) variance. She explained the peti- tioner proposes to construct a pool and deck area; reduce the building footprint and move the building more landward of the approved loca- tion; construct an elevated boardwalk whlch varies slightly from the flrst approved boardwalk by allowing an access ramp for handicapped access; and deletion of the spa. She reported Staff recommends appro- val with the Stipulations 1 through 9 as listed in the Executive Summary, and Stipulation 10 changed to read, "Parking spaces 'not under the footprint of the buildings' and the driveway beyond the adopted CCSL (1974) shall be constructed of pervious material." Commissioner Volpe referred to Stipulation 11 in the original approved variance specifying the petitioner will provide a lO-foot wide public beach access easement to Collier County, and asked if this request will change that requirement? Ms. Burgeson advised thls is a request to modify the original CCSL, but not to replace it. Robert Duane of Hole, Montes & Associates, Inc., representing the petitioner, assured the Board that the developer will honor the com- mitment made concerning the easement. In answer to Commissioner Volpe, Mr. Duane stated the purpose of this petltion ls to enable the developer to construct a smaller building, further back from the water. He explained the project was redesigned after the original variance was approved. He noted the Page 25 April 2?, 1993 final site plans have been approved and permits from the Department of Natural Resources are in hand. Commissioner Constantine stated the public hearing ts closed. ~iuloner Volpe ~oved, seconded by Contssioner Matthe~ ud c~ S/O, to a~r~e Petition CCSL-93-2 with Sti~latio~ 1 thr~gh 9 ~ limt~ in the ~e~tive S~ ~d Stl~latlon 10 ~ ~nded Page 26 Apr/! 27, 1993 (1~16) RESOLUTION 93-177 ~E I~TITI0) PU-90-3, FLORIDA CITIES MATER COMPANY ~EQUE~FI~ EXTENSION OF CONDITIONAL USE FOR A WATER STORAGE TANK FOR FROFEI~FY LOCATED BETWEEN OldEN BOULEVARD AND ~STH AVENUE S.#o, OFI~XTE SUN~HIN~ BOULEI~ARD - ADOPTED Phi/ Scheff, Planner, presented Petition PU-90-3, a previously approved Conditional Use for a water storage tank in Golden Gate Estates. He said two extensions have been granted since the original petition was approved in May, 1990. He revealed a site visit made earlier this month found that no changes have occurred to the character of the area since last year. He explained this third exten- sion is being requested because of budgetary constraints. He concluded with Staffts recommendation to approve this request for a one-year extension of Petition PU-90-3. Commissioner Volpe questioned if this request remains consistent with the Golden Gate Kstates Master Plan, to which Planner Scheff replied in the affirmative. C~~oner Volpe ~ovmd, meconded by Conlmmioner Matthews and carried 3/0, to ~rant · one-year exten~ion to Petition PU-90-3, ther~%~f ~d~t~n~bolution 93-177. Page 27 (2~40) Ite~,l& BOARD OF COUNTY CO~IISSlON~RS~ CO~gI~ICITIONS April 27, 2993 Commissioner Matthews advised the Board that the Economic Development Council (EDC) has provided her with a copy of the results of an 18-month study regarding Everglades City and its economic deve- lopment. She indicated the EDC is planning to present the study on May 19th, and has requested that as many Commissioners attend the pre- sentation as possible. She noted there is a scheduling conflict due to the public hearing planned for that same date. County Manager Dorrtll agreed and Indicated he will discuss the situation with Commissioner Saunders upon his return. (2065) Item,IS · TAFF'S C09~iCATIONS County Manager DorrIll reported on the progress being made with the City of Everglades on revising the Fire and EMS Service Agreement. He indicated his hope that the situation will be resolved by the end of May, and that the payment will become up-to-date at that time. $$s Co~illioner Volpe Boved, seconded by Contesioner Matthews ·nd carrt~l S/O, that the roll,lng ite~ ~der the consent agenda ~ I~ ~d/or adopted: ~ee It~ ~16A1 ~SOL~ION g3-168 ACCE~IN~ I~OC~L~ L~R OF C~DIT AS SI~I~ ~ ~I~ ~I~N~Y ACCE~CE OF ~ RO~AY, D~INAGE, WA~R ~I~TION ~ LI~ IN ~ ~I~ S~ See Page ~ Item #l~A2 1~ BOND ACCEPTED AS SECURITY FOR LANDSCAPING FOR SIT~ D~ PLAN NO. 92-06 "WAL-MART SOUTH" Item RECOKDII~ OF T~E FII~JiL PLAT OF "CARLOS ONE SUBDIVISION' Item Page 28 April 27, 1993 NAT~t AIfD ~ FACILITIES ACCEPTED FOR DOLPHIN COVE - STIPOLAI~ONS ~ LI~D ~N ~ ~~S~Y RgCORDED IN OR BOOK/ ~PAGES ~T, It~ ~1~5 ~ ~o ~8A2 It~ ~M6 ~ ~o S8A3 L~ ~ LI~E A~~ B~ ~ ~C OF C0LLI~ CO~, ~ ~L 2~, 2993 ~OU~ ~Y 3, 2993 Ite~#lSD1 SATZSYACTIONB OF ~OTICE OF PROMISE TO PAY AND AGREEMENT TO KXTKJFD PAYMI31T OF EIWKR 13(PACT FEES FOR TIMOTHY J. A]~D SHARON H. BILLINGS SAMUEL I~HONAS AWl) ALICE M, RUSSO Item e16D2 See Pages ~/- ~ · TIP~L~T~D OI~D~ RELATIVE TO ATTORNEY FEES AND COST ASSOCIATED WITH TI~ ~ OF PARC~L~ 7 AND 8 IN ~ EAST AND SOUTH NAPLES SANITARY SENBt I~tOJECT - IN THE ANOUNT OF $24,264.40 Item e16D3 UTILITY ~ GRANTED FOR THE PURPOSE OF UNITED TELEPHONE C0#PANY AT TH~ ~T~ POINT HATER TANK SITE See Pages AM~NDg~T NU~B~It ~ TO THE PROFESSIONAL SERVICES AGREEMENT WITH HOLE, AND A~$OCIATES, INC., FOR T~E CARICA TANK DESIGN PROJECT See Pages Item~16E1 deleted Item #16E2 continued to 5/18/93 Item#16F1 ~ OF URD~T~L~DIHG BETMEE~ T]~ CIVIL AIR PA~0L ~ COLLI~ C~ ~R S~S ~ING TI~S OF ~RG~ Item Pl6H1 BID ~93--2030 FOR THE ANNUAL REPLANTING PROGRAM WITHIN PELICAN BAY - ANAI~]~D TO ~ZtLL~OD LANDSCAPING IN THE AMOUNT OF 810,350 AND TO ~REEN TNUN~ BUltS~tT IN I~E A~OU~T OF $5,900 ~,OOK [JOOP~',':t ~8 Page 29 April 27, 1993 ELECTRIC UTILITY EASEMEFF GRANTED TO FLORIDA POWER & LIGHT COMPANY ON REAL ~ OMI~D BY COLLIER COUNTY AS THE RESULT OF A RECIFROCAL ACCESS AND FIRE PROTECTION AGREEMENT BETWEEN COLLIER COUNTY AND I~L-I~tRT STORES, IRC. SeePages Item #16H3 BI;D #93-2027 FOR rl~IOKALKE MXDTAN BEAUTIFICATION, ~~TI~ ~ ~~ACK I~T~0N ~ - AW~KD TO ~&-~CI~ ~ PIPE, ~NC., IN ~ ~ 0F $21,985 93-169 ~~ZNO HOUSE HILL H.R. 1181 ~ ~ PA~-IN-L~ OF T~S ~R ~D~LY ~ ~0~ See Page.. /~ Item ~163 NISC~.&H~I)U~ CORR~SPORDENCE - ~ILED &RD/OR R~I~RI~D The following miscellaneous correspondence was filed and/or referred as presented by the Board of County Commissioners: Page 30 April 27~ 1993 CERTIFICAT~ OF COI~R~CTION TO THE TAX ROLLS AS PRESENTED BY 1992 TANGIBLE PERSCNAL PROPERTY · 0. Date 1992-116 04/12/93 Ita,16J2 EXTI~t ~IN TIM~ FOR INMATE NOS. 75315, 80556 AND 70126 Ite~#16J3 SATI~FACTIO~ OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER See Page' I0{ SATISFACTION OF LIEN DOCUMENTS FILKD ON REAL PROPERTY FOR THE ABAT~M~FF OF PUBLIC NUISANCE See Pages, /,~ ;~ - /~.~ Ite~ ~16L1 RESOLUTION 93-170 FOR THE SATISFACTIOR 0Y LI~S ~R CK~AIR ACCO~ ~T ~ PAID IN ~L ~ 1991 SOLID ~ COLLK~ION ~ DIS~S~ S~~ S~I~ ~SKS~ LI~ See Pages /~:, ,,~' '"* / ?/ There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 2:10 P.M. DWf~T..E, BROCK7 CLERK '-.~Th-.o .~ut...,proved by the Board as presented ~ or as corrected BOARD OF COUNTY CO~ISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN Page 31