BCC Minutes 03/09/1993 R Naples, Florlda, March 9, 1993
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as th- Board of Zoninu
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted bus~ness
herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
fo/lowing members present:
CHAIRMAN: Burr L. Saunders
VICE-CHAIRMAN: Timothy J. Constantine
John C. Norris
Michael J. Volpe
Bettye J. Matthews
ALSO PRESENT: John Yonkosky, Finance Director; Ellie Hoffman,
Deputy Clerk; Annette Guevin and Sandy Hurley, Recording Secretaries;
Neil Dorrill, County Manager; Jennifer Edwards, Assistant to the
County Manager; Ken Cuyler, County Attorney; Ramiro Manalich,
Assistant County Attorney; George Archibald, Transportation Services
Administrator; Frank Brutt, Community Development Services
Administrator; Tom Olliff, Public Services Administrator; Bill Lorenz,
Environm~ntal Services Admin~strator; Leo Ochs, Adm~nistrative
Services Adm~nistrator; Fred Bloetscher, Assistant Utilities
Administrator; Bob B]anchard, Growth Management D~rector; Tom
Conrecode, Capital Pro3ects Management Director; Vlad Ryz~w, Engineer
Pro~ect Manager; Tom Kuck, Transportation Capital Pro3ects Manager;
Tom Whitecotton, Human Resources Director; Ken Baginski, Current
Planning Manager; Fran Stallings, Natural Resources Director; Robert
Lord, Planner; Sue Fi/son, Adm~nistrat~ve Assistant to the Board; and
Deputy Byron Tomlinson, Sheriff's Office.
Tape
AG~]ID& - APPROVED W/TH Clt&NGES
Commissioner Mstthevs moved, seconded by Com~Iss/oner Norris and
carried unanimously, to approve the agenda with the change8 aB
detailed on the Agenda Change Sheet and the additional following
chang~e:
1.
2.
Item SlOB - Discussion re Isle of Capri Road - Added.
Item #16G1 - Recommendation that the Board of County
Commissioners submit a subgrant application to the State of
Florida Department of Community Affairs to create a seagrass
atlas for Collier County - Moved to #8G2.
· Page 2
March 9, 1993
(222)
Itel ~3A
OONSENT AGENDA - APPROVED AND/OR ADOPTED
The motion for approval of the consent agenda ts noted under Item
#16.
(225)
MINUTES OF THE REGULAR MEETING OF FEBRUARY 23, 1993 - APPROVED
Commissioner Volpe Loved, seconded by Commissioner Norris and
carried unanimously, to approve the Minutes of the Regular Meeting of
Februar7 23, 1993.
(233)
EMPLOYEE SERVICE AWARDS - PRESENTED
Commissioner Matthews presented an Employee Service Award to James
Kerrigan of Facilities Management for five years of service with
Collier County Government.
Item
FIRST ANNUAL TOPS AWARD (THE OUTSTANDING PERFORMANCE IN CUSTOMER
SERVICE) - PRESENTED
Human Resources Director Whitecotton announced that the TOPS Award
is for outstanding performance and customer service and is a program
which was started in 1992 to recognize the department that has
demonstrated superior customer servt:e for the calendar year.
Mr. Whitecotton stated that an internal selection commAttee
reviewed the submissions for the 1992 award and selected the Pollution
Gontrol Department as the first recipient of the TOPS Award.
Commissioner Norris read the Proclamation which was accepted by
George Yllmaz.
Page 3
(387)
Item ~&l & ~6A2
March 9, 1993
93-181; 93-184/185; ~ 93-188/192 - ADO~gD
Finance Director ¥onkosky advised that there are eight budget
amendments requiring Board action. He recommended approval of the
eight budget amendments.
Conisetoner Norris moved, seconded by Commissioner Matthe~ and
carried unanimously, that Budget Amendments 93-181; 93-184/185 and
93-188/192 be adopted.
(407)
Item #6D
PAI94ENT OF TH~ FOURTH CALCULATION OF ARBITRAGE REBATE DUE THE INTERNAL
REV~NU~ SERVICE ON THE UNSPENT PROCEEDS FROM THE $4,400,000 SPECIAL
OBLIGATION REVENUE BONUS, SERIES 1990 - APPROVED
Finance Director Yonkosky explained that this 1rem is a request to
obtain Board approval for the final arbitrage payment from the
$4,400,000 Special Obligation Revenue Bonds, Series 1990 that was used
to build the new parking lot.
Mr. Yonkosky reported that the final payment is $189.O2. He
requested Board authorization to make that payment.
Commissioner Matthews moved, seconded by Commissioner Norrts and
carried unanimously, to approve the arbitrage rebate payment in the
mmotu%t of $189.02.
(460)
Item #8A1
COMMUNITY DEVELOPMENT SERVICES DIVISION PRESENTING ADDITIONAL
INFORMATION RE NONCONFORMING FLEA MARKET AT THE FLORIDA SPORTS PARK
(SWAMP BUGGY DAYS PUD) - 120 DAY EXTENSION GRANTED
Community Development Services Administrator Brutt recalled that
during a Code Enforcement action 120 days ago, staff noted that
electrical connections were made up to flea market type tents and
booth. He indicated that upon investigation, it has been determined
that that type of use is not permitted under the Planned Unit
Development. He reported that the Commission granted the Sports Park
120 days to continue their operation, during which time staff made an
Page 4
March 9, ~993
investigation as to whether a flea market could operate at that par-
ticular location.
Mr. Brutt advised that amendments to the Growth Management Plan
and the PUD would be required in order for the Sports Park to operate
the flea market. He announced that staff is recommending that the
Board of County Commissioners prohibit flea markets at the Florida
Sports Park (a/k/a Swamp Buggy Days PUD) Unless and until both the
Growth Management Plan and PUD amendment are approved authorizing such
USe.
In response to Commissioner Saunders, Mr. Brutt stated if there
were no violations of codes or ordinances and considering the loca-
tion, lack of congestion, and no interference with any residential
units, it appears the flea market would be a reasonable use to have at
the subject location.
Current Planning Manager Baginski affirmed that the current ordi-
nance allows the sale of used merchandise in the C-4 District, but
this is not allowed outside.
Mr. Mike Davis, representing Swamp Buggy, Inc., remarked that he
has met with staff several times during the past few months and
everyone agrees that the subject site is an idea/ location for a flea
market operation. He pointed out that the only option there is, is to
appeal to the Board of County Commissioners to find that the flea
market currently in operation is a compatible use to various other
uses at the park and is the sort of use that was ~ntended with the
uniqueness of the PUD.
County Attorney Cuyler advised that staff has spent 120 days
trying to find a legitimate argument in this regard, however, they
have been unable to find that the flea market is a recreational use.
He revealed that the analysis has been that flea markets are commer-
cia/ uses.
Commissioner Volpe expressed reservations relative to creating a
special exception to allow this type of activity to exist. He noted
that staff has done an analysis indicating that this is proh~bited
Page 5
under the PUD and the Growth Management Plan. He stated that he does
not want to grant another 120 day extension unless there is an on-
going process to solve this dilemma county-wide.
Gommissioner Saunders remarked that this site is designated as
Recreation/Open Space but it appears that this is one of the best
locations for a flea market when looking at the entire county. He
affirmed that since there is some conflict as to what is logical on
this site, that staff should attempt to come up with a resolution to
this matter so that the flea market can continue at the Florida Sports
Park. Re suggested that the 120 day period be extended for an addi-
tional 120 days and that Mr. Brutt and County Attorney Cuyler work
together to arrive at a solution to this problem.
Commissioner Constantine concurred with Commissioner Saunders'
remarks.
Commissioner Constantine moved, seconded by Commissioner Norris
and carried 4/1 (Com~tssioner Volpe opposed), that the F/or/da S~orts
Park be ~ranted an additional 120 day extension to operate the flea
market; staff to determine and report back on how to make the flea
market · legal use.
(~3~)
Zte· #SB1
FINAL DESIGN, PERMITTING, AND RIGHT-OF-WAY SERVICES FOR C.R. 951 FOUR
LANING IMPROVEMENTS - SUPPLEMENTAL AGREEMENT APPROVED WITH STAFF
REDUCING CONTRACT AMOUNT AS MUCH AS POSSIBLE
Transportation Services Administrator Archibald stated that this
item Involves a second segment of an on-going contract to contract the
design services for the northern portion of Isle of Capri Road (¢.R.
951). He advised that this contract involves six miles of roadway
from Golden Gate Parkway to Immokalee Road recognizing that the first
phase to Golden Gate Boulevard has been completed. He noted that the
last three miles extends from Golden Gate Boulevard to Immokalee Road.
Mr. Archibald reported that staff proposes a supplemental
agreement for the final phase of design services which involves
environmental permitting, right-of-way issues, support services and
Page 6
March 9, 1993
final plans and specifications.
Mr. Archibald pointed out that $197,376.84 is the cost of the
design services, and noted that $56,215 is a contingent item that can
be deleted or remain in the agreement until such time that staff
determines whether they prefer to do the work in-house or if it should
be continued as part of the contract services. He explained that the
net amount would be $141,16Z.64.
Mr. Archibald explained that approximately 50 feet of right-of-way
is needed along the west side of the corridor. He noted that this
road corridor is substantially undeveloped at this time and if right-
of-way is acquired and property purchased before this area is deve-
loped, there will be a large savings.
In response to Commissioner Matthews, Mr. Archibald advised that
the traffic station count north of Golden Gate Parkway on C.R. 951
revealed an increase of 23~ in one year.
Mr. Archibald requested that the Board direct staff to develop the
Supplemental Agreement and present same to the Commission for appro-
val.
Commissioner Norris questioned whether the costs could be cut back
by deferring signage, lighting and striping. Mr. Archibald replied in
the affirmative, calling attention to Page 2 of the Executive Summary,
and noting that a savings of $56,215 could be realized.
In answer to Commissioner Volpe, Mr. Archibald stated that when
the supplemental agreement is presented to the Board for approval,
staff will address minimizing any costs either in-house or by post-
poning any concurrency issues.
Con~ss~onsr Matthews moved, seconded by Commissioner Constantine
and carried unanimously, to approve the Supplemental Agreement, and
staff d~rected to reduce the contract amount as much as possible.
Page 7
March 9, 1993
Natural Resources Director Stallings requested authorization to
apply for a grant to fulfill certain objectives within the
Conservation and Coastal Zone Element of the Growth Management
Plan and to meet requirements under the Manatee Protection Plan.
Dr. Stallings advised that there is a moratorium on any new mari-
nas or expanded marinas that require facilities above and beyond one
boat slip per 100 feet of riparian shore line.
Dr. Stallings indicated that the proposed atlas will be a form of
communication in addition to being a good investment. He remarked
that the investment of $964 will result in a return of $9,918, and
netting $8,954.
Commissioner Volpe recalled that an analysis of the seagrasses has
already been accomplished, and questioned how the proposed atlas would
supplement that study. Dr. Stallings replied that the atlas is a
further refinement. He explained that when an applicant desires to do
some work, the at/as would identify the site of concern.
Commissioner Constantine stated that he is willing to take the
risks involved with DCA.
Com~tsmtoner Constantine moved, seconded by Commissioner Norris to
deny st&ff~s recluest and to remove from the budget the montes to fund
this
County Manager Dorrill advised that it should be recognized that
the Board will be taking a calculated risk. He pointed out that the
County will have a Manatee Protection Plan and it is anticipated that
this will be approved by DNR, the Governor and the Cabinet.
Charlotte Westman spoke with regard to this item.
Upon call for the question, the motion failed 2/3 (Com~isstoners
Volpe, Matthews and Saunders opposed).
Pa~e 8
March 9, 1993
Cmmlmstonsr Volpe aoved, seconded by Conuntsstoner Matthews and
carried 3/2 (Co~sstoners Norris and Constantine opposed), to approve
tho grant application to the Florida Department of Co~anlt¥ Affairs
to create a meagrass atlas for Collier County.
Page 9
March 9, 1993
R~ceoeed: 10:30 A.N. - Reconvened: 10:45 A.M. at which time
Recording Secretary Guevin replaced Deputy Clerk Hoff~n eee
Item ;8H1
RECOMMENDATION THAT THE BOARD CONSIDER A PROPOSAL FOR MEDIAN
BEAUTIFICATION ON PINE RIDGE ROAD IN FRONT OF THE VINEYARDS
DEVELOPMENT - CONTINUED TO 4/6/93
Tom Conrecode, Capital Projects Management Director, presented a
proposal from The Vineyards to provide median beautification on a por-
tion of Pine Ridge Road.
Commissioner Volpe questioned if Staff has explored any alter-
natives to the proposal?
Mr. Conrecode replied based on past experience with other pro-
Jects, i.e., Bayshore Drive, Golden Gate Parkway and the Immokalee
Beautification District, a precedent has been set through various
other projects.
Commissioner Volpe commented this is a good proposal, however, it
will be helpful for Staff to provide the Board with different alter-
natives for beautification in this area.
Commissioner Constantine mentioned the suggestion has been made
that the anticipated cost of $74,000 may be considerably reduced.
Mr. Conrecode agreed that perhaps the projected cost may be
reduced by $10,000.
Commissioner Constantine asked what is the criteria for deter-
mining where median beautification is placed?
Mr. Conrecode reported the Board decides which primary corridors
will be provided median beautification, however, in 90~ of the cases,
that does not occur until the project ts built out.
Commissioner Norris recalled the Board has stated until the short-
fall in road funds is addressed, median beautification projects will
be withheld. He asked if this request ts a deviation from that poli-
cy?
Transportation Services Administrator Archibald responded in the
affirmative. He added that Staff, in preparing for program budgeting,
Page 10
March 9, 1993
will be providing a section to address the extent to which landscaping
is being done and the extent to which it will be expanded in the
future, as well as all associated costs.
Responding to Commissioner Norris, Mr. Archibald indicated it has
always been a criteria that the curbing be in place to assure that the
cost of planting materials, irrigation and power are preserved. He
noted a concern on Pine Ridge Road is that duplicative costs may be
incurred at some point in time.
In answer to Commissioner Volpe, Mr. Archibald stated the corridor
management study provides guidance on how the master plans for each
corridor could be established.
Michel Saadeh, representing The Vineyards, explained this proposal
includes an offer to design, provide and install a landscaping system
in front of The Vineyards and on Pine Ridge Road. He said the timing
for this project is not directly correlated to what is taking place on
Pine Ridge Road at the moment, but ties into it. He suggested the
estimated cost of $74,000 may be reduced to approximately $60,000, and
The Vineyards may also be willing to handle the cost of maintenance
until this segment of roadway coincides with the County's master plan,
if that becomes an issue for approval.
County Manager Dorrill reported the County currently has only a
three-man crew that maintains all of the improved arterial medians,
and they are not in the position of taking on any additional work at
the present time.
The following people spoke regarding this item:
Doug McGilvra George Keller
Commissioner Volpe inquired if The Vineyards is wi/ling to
approach its homeowners and other commercial developments in the area
regarding the creation of an M.S.T.U. to pay the capital costs asso-
ciated with beautification of this segment of roadway?
Mr. Saadeh indicated he can do an informal poll of their residents
to see if there is interest in that suggestion, although they are
already paying the costs to landscape and maintain Vineyards
.. 000- ,: 27
Page 1 1
March 9, 1993
Boulevard.
Co~aissionsr Volpe moved, seconded by Commissioner Constantine and
carrte~ unanimously, that this Item be continued to the meeting of
April 6, 1993, to investigate the possibility of creating an M.S.T.U.
in the area and any other alternatives.
(82~)
Item
DISCUSSION RELATING TO THE APRIL CIRCLE APPELLATE DECISION AND THE
C0UNT~ATTOIq/~E~'S RECOMMENDATION TO ACCEPT A SETTLEMENT OFFER TO
FOREGO FURTHER APPEAL IN RETURN FOR A DISMISSAL AND RELEASE OF ALL
CLAIM~! B~ PLAINTIFFS - SETTLEMENT AGREEMENT APPROVED
County Attorney Cuyler referred to a letter addressed to him from
Robert Gebhardt with a proposed settlement on the pending litigation
between Florida Affordable Housing, Inc., and Collier County.
noted the County was not successful In its appeal to the Second
District Court of Appeal. He said in return for the County's not
seeking a rehearing or attempting to appeal th]s matter to the Supreme
Court of the State of Florida, Mr. Gebhardt is offering a dismissal of
the entire case, execution of releases as well as dismissal of the
case against the Taxpayers Action Group. He indicated ~t ts his
recommendation at this point that the Board resolve this case.
In response to Commissioner Saunders, County Attorney Cuyler
stated the monetary impact to the County will be the waiver of
$385,000 In impact fees.
Co~illtoner Volpe moved, to approve the settlement aDTeement.
The following people spoke regarding this Item:
Frances Barsh Fred Tarrant
County Attorney Cuyler mentioned that the attorney for the
County's insurance fund, Mr. Hootman, was correct when he stated the
County had a good argument to pursue this matter to the Second
District Court of Appeal, however the court d~d not see ~t that way.
He said the Board may pursue this case to the Supreme Court, but in
his opinion, will not be successful.
Commissioner Volpe recalled he was opposed to waiving the impact
Page 12
March 9, 1993
fees, however, the County has lost its argument and he does not see an
alternative to settling the matter.
In response to Commissioner Norris, Mr. Hootman communicated the
Leon County case was certified by the First District Court of Appeal
to the Supreme Gourt as a question of great public importance, and the
Second District Gourt of Appeal was notified of that. He indicated
Collier County could ffle a motion with the Second District Court of
Appeal, asking the Clerk to stay the mandate of that panel, pending a
decision by the Florida Supreme Court of whether it will take the Leon
County case as a matter of great public importance. He said tf Leon
County is successful, that decision would be an affirmation by the
Florida Supreme Court that the deadlines within Chapter 163.3215 of
Florida Statutes are not flexible and, therefore, Collier County
should also prevail.
Commissioner Volpe asked if Leon County is successful, whether
Florida Affordable Housing, Inc., would be agreeable to submit this
matter to an impartial arbitrator based on changes tn the law?
Attorney Robert Gebhardt, representing Florida Affordable Housing,
Inc., stated they are at the point where they want this matter
resolved without further delay. He asked the Board to remember they
are at risk that his client may go forward with a damage action, which
will not happen if the settlement agreement is approved this date.
The motion was seconded by Commissioner Constantine.
Commissioner Volpe questioned if the proposed agreement resolves
all outstanding issues, including any actions against individuals as
well as the Taxpayers Action Group, to which Mr. Gebhardt responded in
the affirmative.
Upon c&ll for the question, the motion carried 4/1 (Commissioner
Norris opposed).
NOTE: AGREEMENT NOT:RECEIVED IN CLERK TO BOARD OFFICE
Page 13
March 9, 1993
(2692)
RESOLUTION 93-93 F. NDORSING PURCHASE, BY THE STATE OF FLORIDA, OF
CERTAIN UNDEVELOP~D LANDS AND SUBNERGED BOTTOM LANDS ON AND ADJACENT
TO KEY ISLAND - ADOPTED
Commissioner Saunders communicated having received a letter from
John Steiger, the Natural Resources Manager for the City of Naples,
endorsing and recommending City Council approval of the purchase by
the State of Florida of' the Key Island property for incorporation into
the Rookery Bay Reserve. He noted the City Council will consider an
endorsing resolution at their regular meeting of March 17th or at the
Joint City/County Meeting on March loth.
Attorney George Vega, representing the owners of Key Island, urged
the Board to approve a resolution supporting the purchase of portions
of Key Island by the State of Florida.
Responding to Commissioner Norris, Mr. Vega stated the subject
property is on the CARL List and the owners are in agreement to its
sale to the State.
Commissioner Volpe questioned what impact will the sale of this
property to the State have on the public's right to use the beaches
within the unincorporated area of Collier County?
Gary Lytton, Manager of the Rookery Bay Reserve, responded the
State anticipates continuing to allow for traditional uses that are
compatible with the research reserve, which includes continuing access
to the beach areas.
The fo/lowing people spoke regarding this petition:
John Fitch George Willson
*** Co~tasioner Constantine left the meeting at this time. ***
Tape#3
Co~issioner Volpe moved, seconded by Commissioner Matthew~ and
carried $/1 (Commissioner Constantine out, Commissioner Norris
opposed), to adopt Resolution 93-93 endorsing the State's purchase of
certain lands on and adjacent to Key Island.
:30
Page 14
March 9, 1993
(100)
Item#12C1
RESOLUTION 93-94 RE PETITION AV-92-022, VACATING PORTIONS OF TWO
DRAINAGE EASEMENTS LOCATED ON THE PLAT OF QUAIL WEST UNIT ONE -
Legal notice having been published in the Naples Daily News on
February 21, and February 28, 1993, as evidenced by Affidavit of
Publication filed with the Clerk, public hearing was opened.
· e Cow-lsstoner Constantine returned to the meeting at thls tlme.
Transportation Services Administrator Archibald presented a
request to vacate portions of a drainage easement located in the plat
of Quail West Unit One. He said th~s petition is driven by the master
plan and permitting requirements that address changes the developer is
making to meet criteria of the State and the Army Corps of Engineers.
He noted having received the appropriate letters of no objection,
Staff recommends approval of Petition AV-92-022.
Commissioner Volpe moved, seconded by Cosmtsstoner Constant/ne and
carried unanimously0 to close the public hearlng.
Co~mtssioner Volpe moved, seconded by Commissioner Norris and
carried unantlousl¥, to approve Petition AV-92-022, thereby adopting
Resolution 93-94.
Page 15
March 9, 1993
Recording Secretary Hurley replaced Recording Secretary Guevln
at this tame. o.e
(239)
Item ~IOB
DXSCUSSZON REGARDING ISLE OF C&PRX ROAD - CONTINUED TO MARCH 16, 1993
Commissioner Constantine informed the Board the Postal Service
has advised all businesses located on C.R. 951, from Davis Boulevard
to Immokalee Road, that they will no longer deliver material that is
addressed to a C.R. 951 address. He noted 19 businesses located in
the area are supportive tn calling the route C.R. 95! rathe~ than Isle
of Capri Road. He questioned staff on procedures for a name change.
County Manager Dorrtll replied that staff has researched and
discovered a resolution was adopted in 1978, that named the section of
C.R. 951 from Davis Boulevard to Immokalee Road as Isle of Capri Road.
He said as long as it is not part of a subdivision the County Manager
can effectuate street name changes.
After further discussion a consensus was reached to return with
this Item to the Board for a public hearing to consider a name change
from Isle of Capri Road to County Road 951.
(448)
Itel #13A1
RESOLUTION 93-95, RE PETITION V-92-27 PREMIER COMMUNITIES OF FLORIDA,
INC. R~PRESENTING MR. STEVE SLAVIK REQUESTING A SIDEYARD VARIANCE OF
3'6" FOR A SCREEN ENCLOSURE OF AN EXISTING POOL AREA - ADOPTED
Legal notice having been published in the Naples Dally News on
February 21, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Project Planner Robert Lord approached the Board describing the
property located at 6869 Trail Boulevard, Naples, Florida. He noted
that the petitioner would like to enclose the pool area with a screen
cage, creating the need for the request of a 3'6" variance. He noted
the Growth Management Plan will not be affected by the variance and
staff recommends the Board of County Commissioners approve petition
V-92-27.
Page 16
March 9, 1993
Commissioner Constantine questioned the Analysis section of the
staff report, part C, noting that the denial was not based on the
screen enclosure, it was the two foot walk area around the pool. Mr.
Lord acknowledged that is correct.
The following person spoke regarding this item:
Francis Weber
Co~tsaloner Volpe moved, seconded by Co~mtssioner Norris and
c~rte4unantmoualy, to approve Petition V-92-27, thereby adopting
Raaolutton 93-95.
d0
Page 17
March 9, 1993
(630)
Itn #13B1
RESOLUTION 93-96, RE PETITION CU-92-12, MR. KEN WHEELOCK, REPRESENTING
NAPLES BAPTIST TEMPLE CHURCH, REQUESTING CONDITIONAL USE "1" IN THE
ESTATES ZONING DISTRICT FOR EXPANSION OF AN EXISTING CHURCH FACILITY -
ADOPTED
Legal notice having been published in the Naples Daily News on
February 21, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Project Planner Robert Lord approached the Board describing the
the conditional use for the expansion of the Naples Baptist Temple
Church located on 5860 18th Avenue N.W., Nap]es, Florida. He noted
the additional space is needed for Sunday school classrooms and a
multi-purpose room for business meetings, church gatherings or other
related activities. He said this project will meet or exceed all
relevant standards of the Land Development Code, noting that staff
recommended that the Collier County Planning Commission forward peti-
tion CU-92-12 to the the Board of County Commissioners with a recom-
mendation of approval.
Commissioner Matthews indicated stipulation C of the proposed
resolution requires a water supply for fire protection and questioned
if the Board is granting a conditional use that cannot be met7
The following persons spoke regarding this item:
Kevin Freelog
George Keller
In answer to Commissioner Matthews question, Mr. Lord replied
that in rural areas the fire prevention code allows the developer to
enlarge the well or provide an adequate water supply, adding that the
fire district will confirm this to staff before a permit is pulled.
Mr. Free]og noted that the church has made arrangements to
install a 10,000 gallon storage tank.
Co~misstoner Norris moved, seconded by Commissioner Matthews and
carried unanimously, to approve Petition CU-92-12, thereby adopting
Resolution 93-96.
,oo OOOp,0:44
Page 18
(1016)
Item #14
BOARD OF GOUNTY COMMISSIONERS' COMMUNICATIONS
March 9, 1993
Commissioner Saunders discussed the agenda of March 16, 1993, and
noted that an item will be added on the agenda reguarding reorganizing
the Board of County Commissioners meetings.
Discussion was held regarding a Board of County Commissioners
workshop to be held at the Conservancy.
Mr. Bob Krasowski spoke regarding the Conservancy discussion.
(142S)
STAFF COMMUNICATIONS
County Manager Dorrtll furnished the Board with a workshop
schedule (Copy of workshop schedule not provided to the Clerk of the
Board).
Commissioner Saunders advised that the rural subdivision stan-
dards and the Citizens Productivity Workshop date needs to be set. The
dat~ of March 22, 1993, was agreed upon by the Board.
Commissioner Saunders discussed a combined meeting with Lee
County Board of County Commissioners. It was decided that the meeting
was not a productive meeting.
County Manager Dorrill questioned the board on a memorandum indi-
cating the Board of County Commissioners has been invited to attend a
District Two Association annual meeting, and questioned the sunshine
implications of the meeting.
Commissioner Saunders indicated the Second District Association
will meet in North Naples, noting that the meeting is not a County
Commission meeting and board members are simply invited to appear and
make a presentation and answer questions individually.
Commissioner Voipe indicated the meeting is going to be properly
advertised in order to follow the Sunshine Law. He noted key members
of staff can attend on their own time and discuss items such as
budgeting and long range planning.
Page 19
March 9, 1993
Commissioner Saunders suggested all associations should design
meetings as informal, so the Board of County Commissioners and staff
are not compelled to attend.
''' Commissioner Volpe moved, seconded by Commissioner Matthews
and carried 5/0, that the following items under the consent
agenda be approved and/or adopted''~
Item #16A! - Deleted
Item #16A2 - Deleted
Item #16A3
SECURITY FOR T~NDSCAPING ACCEPTED FOR SITE DEVELOPMENT PLAN NO. 92-31
"WAL-MART NORTH"
See Pages //~ ' /j/
Item ,16A4
RESOLUTION 93-89 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE,
WATER, AND SEWER IMPROVEMENTS FOR "NAPA RIDGE UNIT TWO"
SeePage ~6
Item ,16A5
SECURITY FOR LANDSCAPING ACCEPTED FOR SITE DE%'ELOPMENT PLAN NO. 93-18
"GTH EVERGLADES CITY CELL SITE"
Item 916A6
ACCEPTANCE OF SECURITY FOR EXCAVATION PERMIT NO. 59.469 "ARBOR GLEN"
Item 916B1
RESOLUTION 93-90 PERMITTING THE UTILIZATION OF THE AIRSPACE ABOVE THE
IMMOKALEE AIRPORT
Item ~16D1
See Pages
CORRECTION TO THE EXECUTIVE SUMMARY RE A~TENDMENT NO. 3 TO AGREEMENT
WITH HOLE, MONTES AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES FOR
"SOUTH COUNTY REGIONAL WASTEWATER FACILITIES, PHASE I" - CORRECT TOTAL
CON~RACT AMOUNT $2,862,120
Item ~16D2
~ERGENCY DECLARED FOR PURPOSES OF ACQUIRING ENGINEERING SERVICES;
AM]~NDM~f NO. · TO THE AGREEMENT WITH HOLE, MONTES AND ASSOCIATES,
INC. FOR TH~ SOUTH COUNTY REGIONAL WASTEWATER FACILITIES
Item ,16D3
See Pages
Page 20
March 9, 1993
SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND
PAYMENT OF SEN~R IMPACT FEES FOR ROBERT BRETT, JR., JUDY BRIDEVAUX AND
ANDREW AND HELEN STEFANKO, H. WAYNE AND DEBRA BRYAN, WILLARD AND PEGGY
BURTON, KEITH AND LINDA CLAASSEN, ENETRO AND NORMA CUEVAS, JOSEPH AND
ANNA FOY, JOHN GIFFORD, LEONARD AND SANDRA HAWKINS, MARJORIE JENKINS,
BARBARA AND JESSE KOMORNY, TIMOTHY AND ROBIN 0RME, DAVID AND BETTY LOU
PFISTER, CHARLES AND SANDY ROWE, AND CATHERINE M. RUSSELL AND MICHAEL
D. RUSSELL
See Pages
70-
Item #16D4
SATISFACTIONS OF NOTICE TO PROMISE TO PAY AND AGREEMENT TO EXTEND
PAYMENT OF SEWER IMPACT FEES FOR JEAN L. BIEDRON, WILLIAM J. AND
FRANCESCA BOLGAR, EDWARD J. AND ANN BOOT, DENEY V. BROCK, KAREN
CARTER, JAMES M. AND DENISE E DESEAR, ALEXANDER S. AND DORTHEA R.
FLORCZYK, GERALD J. FOURNIE, LEANDRO N. GONZALEZ, TIMOTHY J. HORNING,
CARL AND ALICE KOTECKI, EVELYN MCENERY, GARY AND MELODY PICKEL, RUTH
REDFERN AND KENNETH AND JACQUELINE SKILLEN
See Pages ____~w /0~
Item ~16D5
CHANGE ORDER NO. 4 TO THE CONSTRUCTION CONTRACT WITH CARDINAL
CONTRACTORS, INC. FOR THE CARICA TANK PROJECT - IN THE AMOUNT OF
$75,676
See Pa es
Item ~16D6
RESOLUTION 93-91CWS93-1/MWS93-! RE AGREEMENT WITH FLORIDA DEPARTMENT
OF TRANSPORTATION FOR JOINT CONSTRUCTION OF UTILITY IMPROVEMENTS IN
CONJUNCTION WITH ROAD WIDENING OF S.R. 92
SeePages
Item ~16D7
WORK DIRECTIVES TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT
CONSTRUCTION CONTRACT WITH GREAT M01~GMENT CONSTRUCTION COMPANY
Item ~16E1 - Withdrawn
Item ~16K2
AUCTION SCHEDULED MARCH 20, 1993 FOR SALE OF ALL SURPLUS COUNTY-OWNED
PROPERTY
Item ~16E3
RESOLUTION 93-92 EXPENDITURE OF FUNDS FOR MA~CH OF DIMES "WALK
AMERICA" ACTIVITIES
SeePage /07
Item ~16F!
OCHOPEK FIRE CONTROL DISTRICT GRANT REQUEST APPROVED
BOOK (]00P~'~% 51 Page 21
March 9, 1993
SeePages ~ ' ~
Item ~16G1 - Moved To #8G2
Ite; ~16G2
BID #93-2004 AWARDED TO KELLEY NARINE AND SALVAGE, INC. $32.65/TON
FOR THE TRANSPORTATION OF MATERIAL FOR THE ARTIFICIAL REEF OEFSHORE OF
WIGGINS PASS, COLLIER COUNTY, FLORIDA
Item 916G3 - Withdrawn
Item ~16G4 - Wtth~awn
Item ~16G5 - Withdrawn
Item ~16G6 - W~thdrawn
Item ~16G?
STAFF TO REVISE BID SPECS AND RE-POST THE REQUEST FOR BID #93-1998,
REPAIR AND REHABILITATION FOR THE GORDON RIVER AMIL GATE WATER LEVEL
CONTROL STRUCTURE
Item ~16H1
SIGNATURE OF CERTIFICATE OF CORRECTION TO THE 1992 PELICAN BAY
SERVICES DIVISION NON-AD VALOREM ASSESSMENT ROLL
SeePage
Ires #16H2 - Continued To March 23, 1993
Item #16J
MISCELLANEOUS CORRF-SPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence was filed and/or
referred as presented by the Board of County Commissioners:
Page 22
March 9, 1993
Ite~ #1631
CERTIFICATE OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE
PROPERTY APPRAISER
1992 TAX ROLL
KO-. Date
110/112 2/18/93 - 2/22/93
1992 TANGIBLE PERSONAL PROPERTY
96
Item #1632
EXTRA (lain TINE FOR INMATE NO. 55822, 65528, and 37023
2/24/93
Item #16L1
QUITOLAIN DEED OF EASEMENT INTEREST TO TRIANGLE PROPERTIES SOUTHWEST,
INC.
See Pages
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 1:30 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVeRnING BOARD(S) OF
SPECIAL DI2~RICTS UNDER ITS~
ATTE~:
! T~se..mtnut~approved by the BoaPd on
as present6~' or as corrected
0{}0-'-.: 55
Page 23