BCC Minutes 02/23/1993 R Naples, Florida, February 23, 1993
LET IT BE REMEMBERED, that the Board of County Commissioners In
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and hav~ng conducted business
herein, met on this date at 9:00 A.M. in REGULAR SESSION tn Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Burr L. Saunders
VICE-CHAIRMAN: Tlmothy J. Constantine
John C. Norris
Michael J. Volpe
Bettye J. Matthews
ALSO PRESENT: Ellie Hoffman, Deputy Clerk; Annette Guevin,
Recording Secretary; John Yonkosky, Finance Dfrector; Nell Dorrtll,
County Manager, Jennifer Edwards, Asslstant to the County Manager;
Ken Cuyler, County Attorney; Richard Yovanovlch, Assistant County
Attorney; George Archibald, Transportation Services Admfntstrator;
Frank Brutt, Community Development Services AdmlnJstrat°r; Tom Olliff,
Public Services Administrator; Bill Lorenz, Environmental Services
Administrator; Fred Bloetscher, Assistant Utilities Administrator; Tom
Conrecode, Capital Projects Management Director; John Boldt, Water
Management Director; Fran Stalllngs, Natural Resources Dlrector; Bob
Fahey, Solid Waste Director; Keeth Ktpp, Solid Waste Recycling
Coordinator; Ed Kant, Transportation Trafflc Operations Engineer; Jeff
Perry, Chief Transportation Planner; Mike McNees, Management & Budget
Director; Chahran Badamtchian, Ray Bellows, Bob Mu/here and Phtl
Scheff, Planners; Sue Filson, Administrative Assistant to the Board;
and Lieutenant Byron Tomltnson, Sheriff's Office.
Page
Tap~ #~
(45)
'rtn #3
AGENDA - APPROVED WITH CHANGES
February 23, ~993
Commissioner Norris moved, seconded by Commissioner Matthews and
carried 4/0 (Commissioner Volpe not present), to approve the agenda
with the chan~a as detailed on the Agenda Change Sheet and with the
following additional changes:
Item #8Gl - Recommendation for BCC to consider approval of a
County sponsorship of Federal Emergency Watershed pro~ect to
remove debris and sediment from channel and boat basin in
Goodland area caused by Hurricane Andrew. (Agenda change
sheet reflects that this item is to be continued. This item
will be heard.}
Item #10H - Discussion of the parking lot plan for the
Government Complex - Added.
Item #10I - Discussion regarding the hearing officer concept
- Added.
Item #10J - Direction regarding an independent water/sewer
district - Added.
Item #10K - Discussion regarding the agenda setup - Added.
Item #14(1) - Issue regarding Lely Preserve - Added.
Item #14(2) - Neighborhood Park in Golden Gate - Added.
Page 2
CONSENT &G~NDA - APPROVED AND/OR ADOPTED
February 23, 1993
The motion for approval of the consent agenda is noted under Item
#16.
(49~)
MINUTES OF THE R~GULAR MEETING OF FEBRUARY 9, 1993 - APPROVED
Co~missloner Matthews moved, seconded by Co~missioner Norris and
carri,~d 4/0 (Co~aissioner Volpe out), to approve the Minutes of the
Regular Meeting of February 9, ~993.
· ** Commissioner Vo/pe arrived at this time '*'
(~05)
Itel ~SB1
PROCL~NATION DESIGNATING FEBRUARY 23, 24 ~ 25, 1993, AS FORG~ ~
NOT ~ IN COLLI~ CO~ - ~D
Upon reading of the proclamation by Commissioner Constantine,
Conisstoner Norris moved, seconded by Commissioner Matthews and
carried unanimously, that the Proclamation designating February 23, 24
and 25, 1993, as Forget Me Not Days in Collier County be adopted.
The proclamation was presented to representatives of the Disabled
American Veterans.
Page 3
~ebruary 23, 1993
(690)
~t~ ~5B2
PROCLJU~TZON D~ZG~'A?Z~G ~ WL'E~ OF FL'B~UAR~ 23-27, 1993,
I~CYCT.,ING WL'EX - ADOPTED
Upon reading of the proclamation, Commissioner Norris moved,
seconded b~ Co~tssioner Matthews and carried unanimously, that the
Proclmtion designating the week of February 21-27, 1993, as Curbside
Recycling ~eek be adopted.
Keeth Ktpp, Recycling Coordinator accepted the proclamation. Mr.
Ktpp presented the Commission with a Golden Can Award in recognition
of th~ collection of lO mil/ion aluminum cans.
Page 4
~ ~" CLKI~ ~ $ REPORT - ACCEPT]~D
February 23, 1993
Finance Director Yonkosky stated that there are no items on the
Clerk's Report requiring Board action. He requested acceptance of the
schedules as listed within the Clerk's Report.
Com~issioner Norris moved, seconded by Commissioner Volpe mhd
carried unanimously, to accept the Clerk's Report.
(82s)
Item ~10A
DISCUSSION RE ANNUAL ENVIRONMENTAL PUBLIC MEETINGS - MEETING SCHEDULED
FOR 4/21/93 AT 6:00 P.M. AT THE 00NSERVANOY AUDITORIUM
Commissioner Saunders revealed that the purpose of this item is to
discuss the scheduling of an annual environmental meeting. He advised
that several weeks ago he met with Dr. John F~tch, President of The
Conservancy, and discussed many of the environmental issues facing the
county and many of the different efforts going forward by various
environmental groups, as well as efforts by the County Commission. He
explained that the idea developed that perhaps on an annual or semi-
annual basis, an advertised public meeting could be held, dedicated
solely to the discussion of the environment and the County's natural
resources.
Dr. John Fitch stated that there are a number of issues of great
concern to the community. He reported that environmental concerns, as
they relate to the community's future are more than a special
interest.
Commissioner Volpe cited that he does not ob3ect to a symposium
for discussion purposes,.but noted he does not support an actual
public hearing of the Board of County Commissioners meeting with the
environmental community.
Commissioner Constantine voiced concurrence with Commissioner
Volpe's concern.
Commissioner Matthews indicated that she has a problem with the
Page 5
February 23, 1993
idea of a fully advertised Commission meeting. She remarked that she
does not oppose a workshop concept.
Commissioner Saunders expressed that an advertised workshop does
make more sense.
It was the consensus of the Commission to conduct an advertised
work. hop at The Conservancy on April 21, 1993, at 6:00 P.M.
(1¢26)
Item,lOG
LAND DEFELOPMENT REGULATION CHALLENGE - TO BE HEARD MARCH 2, 1993
Commissioner Volpe revealed that he requested that this item be
added to the agenda. He stated that County Attorney Cuyler has
advised that he will need one additional week to address the Board and
present an update as to what the challenge represents.
County Attorney Cuyler affirmed that he would like an additional
week to allow sufficient time to meet with Environmental staff in
order to provide the Commission with a comprehensive discussion and a
course of action in this regard.
Consensus of the Commission was that this item will be heard on
March 2, 1993.
(~?0)
Item,SB1
REPORT TO T~E BOARD ON THE STATUS OF TRAFFIC SIGNAL CONTROLS ON
AIRPORT-PULLING ROAD BETWEEN GOLDEN GATE PARKWAY AND PINE RIDGE ROAD -
OPTION #4 AS DETAILED IN THE EXECUTIVE SUMMARY APPROVED
Commissioner Saunders announced that after conferring with County
Attorney Cuyler, he has been advised that it would not be appropriate
for him to participate in the voting of this issue. He disclosed that
he has an interest in some properties within the Naples Bath and
Tennis Club and therefore, will abstain from voting on this item.
Transportation Services Administrator Archibald stated that this
item is a report on studies that staff has made at the intersections
of Airport Road and Naples Bath and Tennis, Ptnewoods and Poinciana.
He noted that this is a follow-up to dis~usslons of late December,
1992, in regards to whether or not ~he peak season of the year is such
Page 6
February 23, 1993
as to meet any of the warrant requirements set forth in federal docu-
ments, specifically, the Manual On Uniform Traffic Control Devices
(MUTCD).
Mr. Archibald indicated that staff has completed a prel]mlnary
review by undertaking traffic counts, including delay studies. In
addition, he noted that a review has been made with regard to the
types of accidents that have been occurring and whether those acci-
dents are correctable by the installation of a s~gnal.
Mr. Archibald explained that staff has concluded that the inter-
section of Afrport Road and Naples Bath and Tennis has a mtnlmal
amount of side street traffic. He cited that that trafflc does meet
the volume requirement based upon a reduction of 100% to 70% of the
factor in the MUTCD. He advised that this intersection does not meet
the safety requirements, and therefore, results in a condttlon where
cars are delayed but there is not an exhibited history of accidents
that would be correctable by the lnstallatton of a signal.
With regard to the intersection of Airport and Pinewoods/World
Tennis, the conditions are similar because of dealing with two side
streets the volumes are hlgher. He noted that thls Intersection meets
the volume requirement and the delay requirement, but does not exhibit
a safety problem. He remarked that from a County policy standpoint,
three major warrants are to be met before a signal is recommended,
however, th~s intersection does meet those major warrant requirements.
He affirmed that there are sufficient condlt~ons that would allow a
signal to be installed, but staff ~s recommending if this is to be
considered, that the impact of the thoroughfare (Airport Road) be con-
stdered. He revealed that this corridor ts currently handling tn
excess of 36,000 tr~ps per day and the Level of Servlce ranges from
"E" to "F", He stated that this lsa roadway deficiency that is being
addressed from a concurrency standpoint with construction anticipated
to be underway by 1994. ·
Mr. Archibald advised that master planning of this corridor has
been done as part of thfs study to determine long-term what kind of
Page ?
February 23, 1993
signals will be ultimately located between Golden Gate Parkway and
Pine Ridge Road.
Mr. Archibald announced that these locations are further compli-
cated and of further concern to staff due to the number of U-Turn
movements. He divulged that there are developments on the east side
of the roadway that do not have access to a median opening without
going north or south and those trips have to go to an intersection and
execute a U-Turn movement. He noted that the U-Turn is much safer if
there is a signal at that location. He related that staff ks looking
at conditions that will warrant a signal within two years.
Mr. Archibald presented a handout, titled "Florida Department of
Transportation Col/is/on Diagram", depicting the kinds of accidents
that have occurred elsewhere in the County. He pointed out that when
comparing this Collision Diagram with the diagram on Page 7 of the
agenda packet, it can be determined that the safety concerns are not
met at the intersections on Airport Road at this time.
Mr. Archibald stated that staff is recommending if the installa-
tion of a signal is to be considered at the sub3ect locations at this
time, that a system be in place that is interconnected and that a gap
be created which is presently missing on that road corridor. He
explained that there are not many opportunities for side street traf-
fic to gain access since there are minimal gaps and traffic volumes
are very high during most of the peak periods of the day.
Mr. Archibald reported that there are other locations in the
county that are much more important from a signal standpoint and
deserve attention relative to considering the installation of same.
Commissioners Constantine, Norris and Volpe concurred that it is
inconvenient for motorists to enter and exit these developments,
citing there is specific criteria to be'met and these intersections do
not meet the accident warrant, side street traffic volumes and signa-
lization will most likely lower capacity.
The following persons spoke with regard to this item:
George Walters
Alfred Meyers ,~ 0~ 16
Frank Wilson
Page 8
February 23, 1993
In response to Commlssfoner Volpe, Mr. Archibald explained that
staff has required the Grey Oaks project to line up with the northern
entrance to Poinciana in addition to providing a southbound left turn
lane and a northbound right turn lane. He indicated that Grey Oaks is
also required to pay a fair share of a signal system.
Mr. Archibald reported that the reason the Tfmberwood development
was not required to construct a southbound left turn lane is that they
did not meet the criteria in Ordinance 82-91 which was based upon
volume. He noted that subsequently, staff has met with different par-
ties of the Tlmberwood project with the idea of pursuing the south-
bound /eft turn lane which would be a substantial improvement.
Co~miuloner Constantine moved, seconded by Co~alesioner Norris
and carried S/1 (Con~seioner Matthews opposed and Conisstoner
Saund~rs &bsta~ned) to approve Option #4, as reflected in the
Page 9
February 23, 1993
Recess 10:30 A.M. - Reconvened 10:45 A.M.
(33~0)
It~#S&l
¢OI~ID~I~tTION OF A CONCUlt~NCY MANAGEMENT AGREEMENT - RESPONSIBILITIES
TO BE IITT~IGRATED WITH EXISTING INTERLOCAL PLANNING AGKEEMENT WITH THE
CITY OF ~LPLKS
MPO Coordinator Jeff Perry advised that during the development of
the Growth Management Plan, the City and the County included state-
mandated elements called "Intergovernmental Coordination". He
explained that pol~cles were included within those elements to create
Intergovernmental Agreements dealing with the Issues of setting the
Level of Service (LOS) Standards and concurrency management systems to
address transportation and other facilities. He noted that both the
City and County have adopted similar systems used to evaluate the
current standards of service as well as determining whether there are
any deficiencies.
Mr. Perry reported that even though the two systems are similar in
nature, it has become difficult to create a thlrd system to deal with
bi-Jurisdictional issues of roadways that cross the Clty/County line
or those that ran parallel with the City/County line. He advised that
staff has developed an agreement that set up the framework for deve-
loping a procedure for dealing with concurrency issues that may face
both the City and the County tn future years on roads that are
~mpacted by one or both Jurisdictions.
Mr. Perry stated that the Interlocal Agreement has been reviewed
by the City Council and County Commission during previous workshops
and has be,~n reviewed by legal staff, noting that the Gity of Naples
has signed off on the subject agreement.
Mr. Peltry announced that the Agreement will be administered by the
Metropolitan Planning Organization staff to determine whether there
are bi-Jurisdictional issues present and if so, to bring city and
county staff and their elected officials together in a Joint workshop
to decide whether steps should be taken to mitigate the problems on a
particular roadway and then each tndiv~dual Jurisdiction would ab~de
Page
February 23, 1993
by its o~% procedures and polices adopted in the respective
Concurrency Management Ordinances to affect resolution of the problem.
Mr. Perry addressed the three scenarios as reflected in the
Executive Summary. He pointed out that under the first two scenarios,
the neighboring 3urisdictton is brought into the process to determine
whether remedial action is necessary. He indicated that the actual
authority remains vested in the Jurisdiction as far as creating mora-
toriums or making certain improvements on the facilities.
Mr. Perry explained that there is no fiscal impact in this process
since existing procedures exist.
Tal~ ~2
Mr. Perry affirmed that staff feels that from a Growth Management
standpoint, this agreement furthers both the City and County
Comprehensive Plans. He requested approval of the Agreement, as pre-
sented.
Commissioner Norris questioned whether the proposed agreement
encompasses the same kinds of responsibilities that the MPO has or
whether these items could be integrated into their responsibilities.
Mr. Perry reported that the MPO can be asked by the City or the
County to mitigate any problems, however, there is the absence of
policy in the decision making process.
Commissioner Volpe remarked that he is in support of the existing
process through the MPO which identifies how the issues of concurrency
can be addressed and with the MPO presenting same to the Board of
County Commissioners or the City Council.
Commissioner Constantine pointed out the City and County conduct
quarterly 3oint meetings and if an extreme situation does arise, that
issue could be placed on the agenda at one of those meetings, but
noted he is uncertain as to whether additional obligations should be
created. She suggested that a slight expansion of the MPO's respon-
sibility may achieve the same thing.
Commis:sioner Saunders concurred that he does not feel that addi-
tional problems should be created, but he believed that staff's
Page
February 23, ~993
suggested approach would minimize any problems. He stated if the MPO
is constl'tuted for these types of responsibilities, he concurs with
Commissioner Norris' suggestion.
Mr. P,.'rry advised that Rule 935 requires these types of
agreements.
Commissioner Matthews related that it appears that the various
problems would be foreseen over a several month period. She noted
that since the City and County conduct quarterly Joint meetings she
does not see the 3usttffcation for adding another layer of government.
Commi~sioner Volpe remarked that everyone ts aware that there are
county roads within the Jurisdiction of the City of Naples, i.e.
Goodlette Frank Road and Golden Gate Parkway. Re questioned whether
the Board of County Commissioners ts consulted when the City of Naples
considers some of their growth management ~ssues or zoning decis~ons
as to the impact they would have on county roads.
Mr. Perry replied that there is an Interlocal Planning Agreement
where~n the City supplies the County with documents on all of their
rezones and the County does the same th~ng.
Commi~;sJoner Volpe suggested that the existing Interlocal Planning
Agreement be used to meet the requirements under the Growth Mana~e. ment
Plan.
Co~ai~s~oner Norris moved, seconded by Commiss~oner Constantine to
integrate the responsibilities with the existing Interlocal Planning
Agreement.
Mr. Perry stated that he will review the existing Agreement and
the policies and compare them to see if the requirements can be met
and report back to the Commission.
C~ia~ioner Norris a~ended his motion to direct staff to ascer-
tain w~mt~r the ex~st~ng Agreement will fulfill the requirements of
Rnls 9J5, and ~f not, that the appropriate amendments be made to
fnlfJll ea~. Coa~sstoner Constant/ne concurred with the ~endment
and n~on call for the question, the motion carried unanimously.
(~0)
]:tea #:13&1 s'~lO0t( I:~P3~ ~2
Page 12
February 23, 1993
PETITION V-92-29, REGIS ANDRES REQUESTING A 17'9.6" VARIANCE FROM THE
REQUIRED FRONT YARD SETBACK FOR PROPERTY LOCATED AT §73 COCO{~T
AVENU~S ~E:ST, GOODLAND ISLES - DENIED ON THE BASIS THAT THER~ IS NO
LAND RELATED HARDSHIP
Legal notfce having been published in the Naples Daily News on
February 7, 1993, as evidenced by Affidavit of Publication filed wfth
the Clerk, public hearing was opened.
Planner Mulhere presented Petition V-92-29, in which the applicant
~s requesting an after-the-fact variance of 17'-9.6" from the required
front yard of 25' tn the RSF-4 zoning district.
Mr. Mulhere explained that in 2991, the petit~oner solic~ted
quotes for the construction and installation of a boat dock with lift
and a boat house. He indicated that the contractor determined ~t
would be difficult to obtain a permit for the boat house and suggested
that the e:{ist~nG garage be expanded to accommodate storage of the
boat fac~l~[ty. He advised that the applicant was of the opinion that
the permit which was pulled to construct the dock facility and l~ft
would also allow the construction of the boat storage facility on the
upland porl:ion of his lot.
Mr. Mulhere advised that the addition was constructed and a Code
Compliance Investigator red-tagged the structure and fndfcated to the
applicant that he would have to obtain building permits o~ ~emove the
structure. He revealed that he met with the applicant who f~lled out
a variance applicatfon and is seeking a varfance from the encroachment
in o~der to obtain after-the-fact building permits.
Mr. Mu]here stated that staff has reviewed the circumstances
surrounding the application and ~s of the opinion that any hardship
that has be.en created, due to the applicant's actions, Is not the
result of a hardship associated with the ]and. Ne repo~ted that pur-
suant to the constraints of the Land Development Code, staff ~s
constrained to recommend~ng denial of the petition.
Mr. Mulhere cited that he has received four phone calls favor]ng
denial of the petition and one letter favoring denial of same. He
noted that he received two telephone calls from persons not ob3ect~ng
Page 23
February 23, 1993
to approval of this petition.
Mr. Doug Rankin, representing Mr. Andres, presented photos
depicting neighboring properties and the subject carport. He remarked
that the petitioner was advised by the contractor that he could not
construct a boat house behind his home, however, the Code, tn RSF-4
does permit it.
Mr. Rankin stated that the carport in question is required because
his client has a motor home and the Code requires that any major
recreational vehicles in the front yard must be in some type of struc-
ture, i.e. garage, carport, or in the back of the house.
Mr. Ranktn presented a drawing of the premises in question (copy
not provide.d to the Clerk's Office). He indicated that there is no
place for ~r. Andres to place his motor home in conformity with the
Codes, except under the carport. He noted that the sideyard setback
is only 7'-6", and is far too small to accommodate anything.
Mr. Ranktn indicated that within a block of the subject premises,
there are numerous motor homes and pickup/campers in neighboring front
yards or sitting in the right-of-way and these do not conform with the
Zoning Code.
Mr. Rankin requested that approval be granted for the extension to
protrude 8' beyond the neighboring residences. He reported that this
structure is well buffered by vegetation on one side and the applicant
has no problem providing similar buffering on the other side.
Mr. Rankin announced that he has a petition, signed by every resi-
dent, of West Coconut Avenue, with the exception of one resident. He
noted that almost every resident of the surrounding street has also
signed the petit/on.
Mr. Rankln remarked that Mr. Andres has done the best that he can
to make this a nice neighborhood, as contrary to the rest of the area.
A discussion ensued with regard to the outside storage of
recreational vehicles.
Commissioner Constantine commented that there are alternative pla-
ces in which the petitioner could store his motor home.
Page 14
February 23, 1993
There were no other speakers.
Co~issioner Norris moved, seconded by Commissioner Constantine to
close the public hearing.
Co~issioner Volpe moved, seconded by Commissioner Norris and
carrie~ un~ni~ously, to deny Petition V-92-29, based upon the ~alysis
of st~ t~at there la no l~d related hardship.
~C~ATION TO ~0~ FIN~ P~T 0F S~NSIN~TON P~, ~SE O~~ -
~C~IN~ O~ ~T ~0~D~ AG~ APPR0~D WITH
Transportation Services Administrator Archibald explained that
this item Involves the approval of the Kensington Park plat and con-
current approval of an Agreement for the Livingston Road right-of-way
dedication.
Mr. Arch/bald advised that the final plat is in order and includes
the securtt.ies for construction and maintenance. He reported that
action is requested to finalize an agreement which addresses the
acquisition of rights-of-way for the future Livingston Road to be
located south of Pine Ridge Road. He explained that the property tn
question is a segment of Pine Ridge Road approximately 3,960' in
length and a right-of-way width of 120' is desired.
Mr. Archibald indicated that the agreement is one in which the
land owner .is making a dedication of road right-of-way and proposing
the additional dedication of land for road/water management purposes,
He explained that the agreement will provide flexibility to the pro-
perty owner to combine this parcel with an adjacent parcel to be
acquired in the future and be able to consider these as one in the
same for the purposes of processing the PUD in accordance with current
Land Development Regulations and in so doinG take advantage of the
densft¥ that may have been placed on the 42.5 acre tract, referred to
as "Parcel A". In addition, he noted another provision in the
agreement relative to the transfer of future development rights would
pertaln to attempting the transfer to a parcel which is not adjacent
Page 15
February 23, 1993
to "Parcel A" with the recognition that it would be subject to a
future ordinance that would address the transfer of development
rights.
Mr. Archibald pointed out that revisions need to be made to the
agreement to assure that the County will not guarantee or vest any
specific density rights, nor identify any specific rights because the
subject matter would be applicable to some future land action and sub-
Ject to th.~ future ]and regulations ]n effect at the point in t~me
that th~s ,agreement may be used.
County Attorney Cuy]er advised that he presented these matters to
Mr. BruggeF who has ~ncorporated most of these into the agreement. He
requested that upon approval of the agreement, that he be g~ven the
d~scretlon to ensure that ~t is acceptable to he and Mr. Archibald.
In response to Commissioner Volpe, County Attorney Cuyler
explained .if the petitioner purchases the adjacent property and peti-
tions through the normal review process, he would be able to locate
his densttl! on the one parcel.
Mr. Archibald remarked that two different water management ~tems
are referenced with the Executive Summary: one relates to meeting the
effluent pond requirements pertain~ng to the Kensington Park PUD; and
the other provides that the applicant agrees if there are any surplus
lands, he t{ould make same available to the County for road water mana-
gement purposes. He c~ted that there is the potential to gain right-
of-way for road purposes ~n the form of an easement in addition to
obtaining easements that may be subordinate to the rights of FP&L and
easements that would allow the County to use some of this land for
meeting detention and retention requirements as part of the road
construction plans.
Mr. John Brugger remarked that under current development standards
~f he applied for a PUD on the subject property, he could be entitled
to 4 un,ts per acre, under the denslty rating system. He noted that
he has prepared a drawing indicating that ~68 un,ts could be built on
this property. He reported that the PUD was approved, subject to the
Page
February 23, 1993
dedication of the right-of-way for the road. He cited that by doing
this, there is no land left to be developed, noting that the Il acres
plus the adjoining water management land and the existing FP&L ease-
ment wipes out bui]dable property. He stated that he is happy to
dedicate the right-of-way easement, with the inclusion if the easement
is dedicated and the adjoining property is acquired, the density value
can be used in the overall PUD so that the value of the land is not
lost. He requested that the County review his parcel along with an
adloining parcel which will be acquired in the future, as part of the
PUD proces:3.
County Attorney Cuyler advised that the Agreement will be amended
to include additional language with regard to the future rules, as
they exist.
In response to Commissioner Norris, County Attorney Cuyler stated
there is a cap on the number of units, as allowed by the Comprehensive
Plan and subject to Board approval.
Mr. Brugger remarked that by dedicating the easement, he is giving
up his development rights on 42 acres of land. He requested that in
the future that he be allowed to count the 42 acres in an overall
development, subject to the existing County standards at that time.
Commissioner Saunders called attention to Pages 3 and 4 of the
Agreement. He noted that the language in Paragraph 3 is unclear.
County Attorney Cuyler indicated that it needs to be made clear
that this ].s a PUD and not a shift from a parcel to a parcel, but
instead a gross density of going through the normal process to see how
that density will be distributed.
Commissioner Saunders suggested that the last three lines of
Paragraph 3 be stricken.
Oo~iel~Aoner Volpe moved, seconded b~ Co~iaeioner Norris and
carried lzn~mimously, to approve the F~nal Plat of "Kensington Pa~k,
Phm~ ~' ~d staff d~rected to prepare the Agreement, as ~ended.
Page 17
February 23, 1993
(2540)
R~QU~ST TO SET A PUBLIC HEARINa FOR PETITION DOA-93-1, AN AMENDMENT TO
'THE PAREI~ND DEVELOPMENT ORDER" - HEARING DATE SET FOR JUNE 8, 1993
Commissioner Saunders announced that staff ls requesting that a
public hearing date be set for June 8, 1993, to determine if Petition
DOA-93-1 constitutes a Substantial Deviation to the Parkland
Development Order.
Con, mil:stoner Volpe moved, seconded by Commissioner Norris and
carried u~nimousl¥, that the public hearing relative to 'The Park/and
Develop~Lt Order' ~ set for J~e 8, ~993.
~SO~I~ 9S-~4A, ~C~ING ~ ~I~ OF LOU HOE~S~D TO ~
Commts~sloner Saunders advised that he wrote a letter to the
Collier County Economic Development Council and requested that they
make a recommendation for the appointment of a representative to the
Florida Economic Development Council.
Commis:sioner Saunders announced that the Economic Development
Council is recommending the appointment of Mr. Lou Moegsted to the
Florida Economic Development Council.
Cmis,sioner Constantine moved, seconded by Commissioner Norris
and cmrrie~ unanimously, that Resolution 93-74A, recommending the
e~q~ointm~t of Lon Hoegsted to the Florida Economic Development
Council, ~ adopted.
Page 18
February 23, 1993
(2626)
It~ ~IOD
RKSOLUTIU.~ 93-75, APPOINTIN5 ROSEMARIE D'HAEM AND VICKI WILLIAMS TO
THE MARL~O ISF, AND BEAUTIFICATION ADVISORY CO~ITTEE - ADOPTED
Administrative Assistant to the Board Filson stated that this item
is a request to appoint one member representing an at-large position
to a four year term, expiring on March 1, 1997, and confirm one
member recommended by the Marco Island Chamber of Commerce to fulfill
the remainder of a vacant term, expiring on March l, 1994.
Mrs. Filson advised that a letter was received from the president
of the Marco Island Chamber of Commerce recommending the appointment
of Vickt 14illfams to fulfill the remainder of the vacant term. She
indicated that a memorandum was received from staff, recommending the
appointment of Rosemarte J. D'Haem, representing the at-large posi-
t/on.
Comm~i~ioner Norris moved, seconded by Comm~ssioner Volpe and
carrted m~nimcflxol¥, that Resolution 93-75 be adopted, appointing
Rooemmx-~e D'Haem and Vicki Williams to the Marco Island Beautification
Page 19
February 23, 1993
(268~)
~tem ~12C2
ORDINANCE ~13-10, AN AMENDMENT TO ORDINANCE 92-89 TO CORRECT A
SCRIVENER'i; ERROR IN THE LEGAL DESCRIPTION FOR THE NEW HOPE MINISTRIES
REZON~ - ~FTED
Legal notice having been published in the Naples Daily News on
February 3, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Community Development Services Administrator Brutt advised that
the deed for this property was received in two parts at different
times and the legal description was not incorporated into the same
document. He requested that the modification, through a scrivener's
error agreement be approved.
Commiml:ioner Volpe moved, seconded by Commissioner Constantine and
carried unani~ou~ly, to close the public hearing.
Com~islioner Volpe moved, seconded by Commissioner Matthews and
carried unanimously, that Ordinance 93-10 be adopted and entered into
Ordinance Book No. 59.
='' Recessed: 12:00 P.M. - Reconvened: 12:50 P.M. at which time
Recording Secretary Guevin replaced Deputy Clerk Hoffman
(~?~0)
It~
REPORT ON THE IrROPOSED GOODLAND BOAT RAMP AND REQUEST FOR DIRECTION ON
BEGINNIN~ NEGOTIATIONS WITH I~RITIME VENTURE I TO PURCHASE AN
API~ROXIMATH THREE-ACRE TRACT OF LAND FOR BOAT ACCESS, PARKING AND
ACCESSORY FACILITIES - STAFF TO INVESTIGATE ALTERNATIVES
Tom Olltff, Public Services Administrator, presented a report
describing a series of locations for a possible boat ramp facility.
He pointed out one of the four Goodland sites already has zoning and
permlts in iplace, an approved site development plan, as well as a 1991
environmental audit. He noted a b~g advantage wlth that location is
the permitting, which is difficult to obtain, ~s already in place and
the price is very favorable compared to other options without permits.
Commlss~oner Volpe questioned if Staff has attempted to negotiate
with Evergl~ades City for an interlocal agreement, to which Mr. Olllff
replied in 'the negative, adding Staff will explore that possibility if
Page 20
February 23, 1993
directed.
Commiss:ioner Volpe also suggested Port of the Islands be
approached to consider a private lease option, emphasizing the need to
minimize capital expenditures.
Commiss~oner Constantine agreed, commenting that seven of the 11
necessary facilities are currently in place, wttha deadline of 1998
to acquire the remaining four sites.
Commlsstoner Norris referred to the site favored by Staff, stating
he is not comfortable with this kind of public/private partnership.
Commissioner Matthews concurred, adding the owners of that site
have not been able to develop the property, and she has a problem with
Collier County spending SI-million to make a prlvate venture workable.
The following people spoke regarding this item:
Bud Kornse
George Keller
Commlssioner Matthews inquired if the requirements of the Growth
Management Plan will be satisfied if Collier County leases privately
owned property for boat ramps7
County Attorney Cuyler advised that short-term leases would not be
acceptable, however, long-term leases may be a possibility depending
on the nature of the lease.
C~)~mt~;[oner Constantine moved, seconded by Co~tssAoner Norris
and carri~dunanA~ouely, to direct Staff not to pursue the Maritime
Venture I site; look at alternative sates, keeping in mind lower costs
and ~xt~um convenience for the boating public; look at updating the
1988 Boat L~undtng Study; investigate potential /easing of private land
and & possible interlocal agreement with Everglades City; and look
into the safety problems et the S.R. 95! public boat ra~p.
C~dSKI~'&T~! ~.~S~I~I(T AT NORTH COUNTY I~gG~ONAL NATgR TREA'rMKI~I' FLANT
$~T~ -- ~'TAI~K~COI~IM~ND&TIONS APPROVED
Fred Bloetscher, Assistant Utilities Administrator, commented this
item was added to the agenda due to a requirement of the Department of
Page
February 23, 1993
Environmental Regulation (DER) for the construction of water lines to
connect the raw water supply to the North County Regional Water
Treatment Plant. He explained DER has recently advised Staff,
contrary to previous communication, that they will require a conser-
vation easement be granted prior to the County beginning any construc-
tion work. He provided the Board with a copy of the deed and its
attachments, which he stated have been prepared by the County
Attorney's Office. (Copy not provided to the Clerk to the Board.) He
concluded once approved, Staff will deliver the appropriate documents
to DER no later than February 24th.
Cdm~mtsmioner Constantine moved, seconded by Com~teeloner Norris
and carried ux~nl~ously, to approve the conservation easement deed to
the State of Florida Department of Environmental Re~xllation on the
North County R~ional Water Treatment Plant site as per requirement of
the FD~ p~rmit for the access road to the plant.
Page 22
February 23, 3993
(2?9)
It~D2
,~AL OF CONTRACTS AND AMENDMENTS FOR ENGINEERING, 0N-SIT~
IN~FECTIONAND PROJECT COORDINATOR CONSULTING SERVICES AT TH~ NORTH
COUN~ REGIONAL #ATER TREATMENT PLANT - CONTINUED TO 3/2/93; TRAUNER
CON'JULTIN~ 5E/~TIC~S AUTHORIZED TO PROVIDE SERVICES IN INTERIM
Fred Bloetscher, Assistant Utilities Administrator, explained this
item is in response to a previous discussion by the Board regarding
the status of the North County Regional Water Treatment Plant. He
recalled outside counsel, as well as the County Attorney's Office,
Utilities Staff and the County Manager's Office, put forth the
suggestion of utilizing outside construction management/project coor-
dinator type of expertise in order to complete the project on time.
He reported there are also outstanding issues with Boyle Engineering,
including an amendment to their contract because of the additional
services being provided, and a time extension because the contractor
is taking longer than expected.
Commissioner Constantine commented this item was added to the
agenda and the Executive Summary and attachments are quite lengthy.
He said he has not had adequate time to review the materials.
Commissioner Saunders suggested this item be continued for one
week.
County Manager Dorrill communicated the intent is that the field
supervisor, through Trauner Consulting Services, be physically on site
as soon as possible. He asked the Board to issue an authorization for
Trauner Consulting to provide those servtces in the interim if this
item is continued for one week.
C~t~toner Mmtthew~ moved, seconded by Commissioner Volpe and
~99S, ~ ~er Con~lt~ng Se~ce. authorized to provide f~eld
~t~r ~tcel tn the interim.
(470)~
It~ ~13B1
~SO~I~ 93-76 ~ PETITION CU-92-14, FIRST ~ITED ~0DIST C~CH
OF I~~, INC., ~QUESTING CO~ITIONAL USES "2" ~ "4" OF ~
RSF-S Z~ DI~I~ ~R A C~CH, ACCESSORY USES TO A C~ ~ A
~ILD O~ g~ ~R ~OPER~ LOCATED AT THE NOR~ST CO~ OF
ROB~ ~ ~ N. NI~ S~ET - A~D WI~ ADDITION~
ZTIPULA?IO~
Februar~ 23, 1993
Legal notice having been published in the Naples Daily News on
February 7, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Philip Scheff, Planner, explained the petitioner, First United
Methodist Church of Immokalee, Inc., is requesting to build a new
sanctuary to the existing church to increase seating capacity from 100
to 220 seats. He said the plan is that the existing building will be
converted into a fellowship hall to be utilized for fellowship pur-
poses, educational classes and a child care center to accommodate
approximately 50 students and 10 staff members. He noted additional
parking will be added to conform with the Land Development Code's
requirement for parking. He concluded al/ County agencies have given
their of approval Petition CU-92-14, sub3ect to the conditions in the
Staff Report dated January 19, 1993, and the CCPC unanimously recom-
mended approval, subject to the removal of Stipulation "p" from the
Agreement Sheet. He explained the CCPC felt the stipulation is unne-
cessary since it is addressed in County ordinances.
In answer to Commissioner Saunders, Planner Scheff responded that
Staff agrees with the recommendation of the CCPG. He sa~d the
language wa~s originally included only as a reminder that road impact
fees must ~,lso be paid on the child care center.
Commissioner Volpe questioned if the child care center is planned
to be a commercial enterprise or limited to services required by the
congregation?
Planner Scheff explained there are no current plans for a child
care center, however, if the church wishes to establish one ~n the
future, they will not have to return to the Board with a separate
Conditional. Use (CU) request if this petition is approved this date.
He advised there will be a savings of $800 for the applicatlon fee by
combining both CU's lnto this one petition.
David Moore, representing the petitioner, reported if the child
Page 24
February 23, 1993
care center opens, it will be operated by the church, but will be open
to children from the public.
Lee Layne, representing the CCPG, clarified their request to
strike Stipulation "p". She said that language required the church to
pay the Impact fees for the child care center at the same time they
obtained the permit for the new sanctuary. She indicated the COPG
felt that was unfair, because they would not be starting the child
care until much later.
Con. is,stoner Constantine moved, seconded by Commissioner Norris
and carried unani~ousl¥, to close the public hearing.
Co~ia,lioner Constantine moved, seconded by Commissioner Norris
and ~'rted unanimously, to adopt Resolution 93-76 re: Petition
CU-92-14 ~lbJect to the Agreement Sheet, with the deletion of
Sttpul&tion "p", ~nd the following two additional stipulations: the
child cmre center to be operated only by the church; and the Impact
fee~ for the child care center to be paid at time of building permit
tasm~nc~ for the child care center and/or obtaining an occupational
lic~ for ~.
Page 25
February 23, 1993
R~COM~NDATION FOR THE BOARD TO CONSIDER APPROVAL OF COUNTY
SPON~ORSHI~ OF FEDERAL EMERGENCY WATERSHED PROJECT TO REMOVE DEBRIS
AND SEDIMenT FRO~ CHANNEL AND BOAT BASIN IN O00DLAND AREA CAUSED BY
HURRIOAN~ ANDREW - TO BE BROUGHT BACK IN TWO WEEKS
John Boldt, Water Management Director, asked the Board to make a
determination on whether the County wishes to act as the local sponsor
of a project to be performed by the United States Department of
Agriculture's Soil and Conservation Service (USDA-SCS) for the removal
of debris and sediment from a channel and boat basin located on the
east side of Goodland, caused in part by Nurricane Andrew. Me
referred to a cooperative agreement which he stated was provided to
the Board. (Copy not provided to the Clerk to the Board.) He
concluded with Staff's request that the Board approve County spon-
sorship for this dredging project, authorize Capital Projects
Management Staff to obtain all necessary permits, charge the Real
Property Management Department with providing all the rights-of-entry
forms to the County Attorney's office for certification and authorize
the Chairman to proceed with the cooperative agreement if the permits
do not exceed $500.
The following people spoke regarding this item:
Tony Polizos Barbara Stinson
~l~o~e~ Norris moved, seconded by Commissioner Saunders, to
a~ Stltff's recommendations. The Lotion failed 2/3 (Commissioners
Constantine,, Matthews and Volpe opposed).
Commissioner Volpe communicated he would like to find a way to
undertake this sponsorship while minimizing the cost for the community
as well as the assumptions for responsibility by the County.
Commissioner Saunders suggested Staff bring this item back in two
weeks with answers to questions raised regarding the costs to the com-
munity and the possibility of participation from the private sector.
Item ~1
DISCUSSION REGARDING THE GREATER NAPLES CIVIC ASSOCIATION/CABLE
AIIVI~ORY OOHMITTEE - EXISTING COMMITTEE ACKNOWLEDGED AND BOO TO
SOLICIT TH~'IR INPUT
February 23, 1993
Duke Hart, representing the Greater Naples Civic Association,
asked that a citizens committee be appointed to advise and assist in
the consideration of new federal communication rules, expected out
around April /st. He remarked the Greater Naples Civic Association
has been involved in cable problems for at least 12 years, and members
of the Cable Advisory Committee have already expended much time and
effort on behalf of the community. He mentioned that Jennifer
Edwards, Assistant to the County Manager, is a member of that commit-
tee. He r(~quested the Board recognize the existing committee.
Commts~ioner Saunders communicated there are two issues to con-
sider; one, whether or not to establish another citizens committee in
reference to cable television rate regulation and if so, should the
existing committee membership be accepted as the County committee.
Mr. Ha~'t reiterated that he is not askinG for an official capa-
city, Just recognition of their efforts and the valuable information
they will be able to supply the Board,
Com~lm~tolmer Volpe moved, seconde4 by Co~estoner Norris and
carried ~mlmtlcm~ly, to acknowledge the existing Greater Naples Civic
lasoctmtton/Cmble Advisory Contttee, and that the Board will solicit
their Input: on federal communication r~les and cable television rate
(26Ia)
AWARD R.F.P. ~92-~989 TO DESIGN STUDIOS WEST, INC., AND EXECUTE A
COIFI"RA~'T III TH~ AI~OUNT OF $269,000 FOR THE DESIGN OF THE VINEYARDS
C09~t~][ITY ['ARK - CONTINUED TO 3/2/93
Commtss:toner Volpe communicated he asked that this Item be removed
from the consent agenda because of questions about the cost of this
project, considering some work has already been done, as well as the
selection of a firm from Colorado rather than a local firm to design
the park.
Tom Conrecode, Director of Capital Projects Management, explained
a conceptu~tl plan of the entire site was shared with all firms wishing
to submit ~t proposal on this R.F.P., so they would have an Idea of the
Page 27
February 23, 1993
direction the County is heading on this project. With regard to the
selection of Design Studios West, Inc., he said, that corporation was
initiated in Denver, Colorado, with a local office in Sarasota. He
noted the%, have teamed with the local firm of Agnoli, Barber and
Brundage I;o do the civil engineering and permitting type work asso-
ciated with this project, which consists of approximately 40-50% of
the contract. He stated in Staff's opinion, their fee is very com-
petitive, being in the 8% range of the total project cost. He
explained his office tracks fees on a regular basis and other park
work has ranged from 9-11%. He added the scope of work w~thin the
contract is very detailed.
Commissioner Volpe reiterated his concern with the design cost.
He recalled when the Board was developing the community parks, the
design cost for all five parks was approximately $900,000.
Mr. Conrecode replied there were multiple phases to that contract
which was initiated in 1984, augmented in 1986 and again ]n 1989, and
which essentially captured all the costs associated with the first
five parks. He said the final figure is considerably more than
$900,000.
Commissioner Norris questioned what the total cost was for the
East Naples Community Park?
Mr. Conrecode advised the typical cost for each regional park is
$3.5-mtllion.
Commf~sioner Norris asked if the County is able to use the same
plans on succeeding parks since they are already paid for?
Mr. Conrecode indicated Staff can look into that possibility,
cautioning there may be copyright and liability issues associated with
using that particular architect's design.
C~i~Aoner Volpe moved, seconded by Com~issioner NorrAa and
carried ~z~ni~raely, to continue this item to March 2, 1993, and Staff
to wvalnmt:e re-using other park plane already paid for and determine
if ~itionml work can be done An-house.
Page 28
February 23, 1993
KECO~]~T~TION FOR AUTHORIZATION TO RETAIN TIM FERGUSON AS OUTSIDE
ATTO~"f FOR MATTERS RELATING TO THE SABAr. PALM ROADWAY M.S.T.U.
FROJ~CT - APPROVED
Commissioner Matthews inquired if the residents in the Sabal Palm
Roadway M.S.T.U. are in favor of Tim Ferguson being retained as the
outside counsel on this matter?
Tom Conrecode, Director of Capital Pro3ects Management, reported
Mr. Ferguson ts the attorney being recommended by those residents.
Co~missioner M~tthews moved, seconded by Commissioner Volpe and
cmrr~ =~~ly, that T~ Fer~son ~ retained as ~tside attorn~
for ~t~ relating to the Sabal Palm Roa~ay M.S.T.U.
County Attorney Cuyler clarified this is not a retainer situation,
explaining the authorization is for payment after services.
It~
DIS~SIOII U~IRO ~S' ~SPORTATIOR PROG~ -
Commissioner Saunders indicated the Board has been provtded a
memorandum from Tom Olllff, Public Services Administrator, concerning
this matter. (Copy not provided to the Clerk to the Board.)
Mr. Olllff advised the Veterans' Transportation Program is
designed to carry Collier County veterans to medical facilities tn
Miami and St. Petersburg. He reported receiving a request from the
Veterans Council, the group operating the Veterans' Transportation
Program, to relocate and break the contractual relationship with the
County. He added they would like to use the remainder of the unspent
funds which the Board originally granted them. He said Finance
Director Yonkosky has indicated that can be accomplished, however, a
reimbursement agreement is needed so that pre-audit functions can be
completed. He noted transferring the van will not be a problem,
because it was originally donated to the Veterans Council and can
simply be transferred back to them. He recalled when this program was
originally brought to the Board, it was the Council's long-term Inten-
tion to be a stand-alone organization, and they were simply looking
Page 29
February 23, 1993
for start-up funds and support from the County in terms of facilities
to begin the program.
Commissioner Saunders c]arif~ed the request ~s to transfer the van
back to the Veterans Council and for the ability to continue utilizinG
the money appropriated by the Board of County Commissioners for the
Transportation Program. He said approximately $10,000 remain ~n that
fund.
Bud Kornse, Chairman of the Collier County Veterans Council,
thanked the Board for their asslstance in starting this program. He
said they are now capable of being self-supporting and do not plan to
ask the County for any further assistance.
Co~ifllioner Volpe moved, seconded by Comm~ssioner Norris and
c~rrt~d m~mni~l¥, to approve the transfer of the van to the
Veterans (~ounc~l and d~rect Staff to prepare a reimbursement a~reelent
for t~e ~llance of the funds for the Transportation Program.
(3~30)
RESOLUTIO]! 93-?? APPOINTING FRANK BLANCHARD, JEFF BROWN, AUGUST ROCCO,
RICHARD L'/q3~N AND INGE JOHNSTONE TO THE CITY/COUNTY BEACH
RENO~RI~KNT ADVISORY COMMITTEE - ADOPTED
Sue F:[lson, Administrative Assistant to the Board, presented a
request to appoint five members to the City/County Beach Renourishment
Advisory Committee. She reported having received 11 resumes from ci-
tizens submitting their names for consideration of appointment.
C~tl~Aoner Constantine moved, seconded by Commissioner Norris
and cIr~'i~'d, unani~ously, to adopt Resolution 93-7? appointtn~ Frank
Blancha~d, Jeff Br~wn, August Rocco, Richard Lydon and Inge Johnstone
to the City/Counter Beach Renourishment Advisory Committee.
63'
Page 30
T~pe ~4
Itu ,15
STAFF'B C~UNICATIONS
February 23, 1993
County Manager Dorrill recalled Commissioner Saunders has
discussed with him receiving an update by the City/County Beach
Renourishment Advisory Committee at the Joint City/County Meeting on
March 10th.
Commissioner Saunders reported the Committee would like to make a
presentation to both groups concerning beach renourtshment tn general.
County Manager Dorrill advised he will make sure this matter
appears on the agenda for the Joint Meeting.
The following discussion took place at the end of the regular
agenda:
(213l)
Mlke Mc:Nees approached the Board with a request to establish a
schedule for program budgeting workshops.
It was the consensus that the Board will hold program budgeting
workshops at 9:00 A.M. on March 25, March 26 and March 31, 2993, and
that each meeting will be scheduled for six hours.
(133)
RF. SOLUTIOI 93-78 SUPPORTING HOUSE BILL 29 RELATINO TO THE LOCAL OPTION
GAS TAX - aDOPTED
Commissioner Constantine remarked State Representative Mary Ellen
Hawkins has introduced House Bill 29 to the Transportation
Subcommittee, which will attempt to allow for the addition of two
cents on the local option gas tax. He said because of the existing
shortfall in funds for road construction tn Collier County, he is
requesting the Board adopt a resolution supporting Ms. Hawkins' ini-
tiative.
Co.missioner Constantine moved, seconded by Coatssioner Volpe and
carrt~ unanimously, to adopt Resolution 93-78 ~upporttng House Bill
29 relating' to the Local Option Gas Tax,
Page 31
February 23, 1993
Item,lOg
DI$CU~SlOI[ OF TI~ PAR~IRG LOT PLAI~ FOR THg GOV~RNI~NT COMPLEX - NO
&CTIO~
Commissioner Saunders asked County Manager Dorrtll for an update
on a propo~:ed parking plan for the Government Complex.
County Manager Dorrtll reported an Employee Customer Service Task
Team is locking at making the parking and building orientation much
easier and more convenient for the public. He said they are looking
into developing and building, tn-house, directional signs as people
come in each of the main three entrances. He added County buildings
will be renamed for their primary or generic purposes, i.e., Building
"F" will become the Administration Building. He said there will also
be a Tax Building, an Assessment Building, a Courts Building, Health
and Community Services Building and a Sheriff's Department Building.
He indicated they are also proposing to color code the signs and color
code and stencil onto the sidewalks, directional arrows to the various
buildings. He added maps will also be available at the directional
signs. He reported another program is being developed that proposes
all curb side parking adjacent to or tn front of any of the Government
buildings will be reserved for the public only. He stated the
Constitutional Officers seem tn agreement with that suggestion, which
will require self enforcement. He concluded that he will report back
to the Constitutional Officers at their next meeting tn two to three
weeks with a parking plan.
This belng a discussion item, no action was required.
(446)
Item ,10I
DISCUSSION R~G~RDING THE HEARING OFFICER CONCEPT - NO ACTION
Commissioner Saunders communicated some of the zoning Issues the
Board is dealing with are creating conflicts. He said tn the past,
the Board has discussed developing a hearing officer concept to place
some of the more routine land use issues before a hearing examiner.
OOO a 87
Page 32
February 23, 1993
He asked if the County Attorney has given much thought to this idea?
County Attorney Cuyler replied he has researched this matter and
will be able to present a recommendation by the end of March after
meetfng with Development Services and the County Manager's represen-
tative.
Commlsstoner Saunders asked if this sub3ect ts something the Board
'may want to consider exploring further7
Commissioner Volpe indicated he has reservations with the concept.
As an example, he said, Lee County has a similar program which is
currently budgeted at $250,000 per year. He said these types of
programs tend to grow over time.
Commissioner Norris stated the Board of County Commissioners ts
charged with this responsibility and he ts wary of allowing someone
else to take that over. He suggested the land use items and zoning
appeals be heard on a specified day of the month as opposed to being
included in the regular weekly agenda.
Commts:sioner Matthews reported she ts tn favor of the idea because
of the ob3ectivtty that an independent, knowledgeable person will
bring to those types of hearings.
Commis,~loner Saunders mentioned the Board can also decide if there
are certain types of cases that would be best heard by a hearing
officer to see if the concept works. If it does, he said, the program
can be expanded to include other land use matters. He gave his sup-
port for moving forward to evaluate the concept.
Commissioner Constantine said he would like more details before
making a commitment. He proposed, rather than a hearing officer, that
the Board consider appointing a quasi-Judicial advisory board to hear
these matters.
The following person spoke regarding this item:
Lee Layne
Commissioner Saunders suggested County Attorney Cuyler provide the
Board with a list of the land use types of decisions the Board can ask
the Planning Commission to be the final arbiter on, with an appeal to
Page 33
February 23, 1993
the Board of County Commissioners.
This being a discussion item, no action was required.
(872)
Itn~lO$
D~$~$~! ~IN(t ~ INI)EP~ ~A~R/$~R DIS~I~ - NO A~ION
Commissioner Constantine reported he has been researching the sub-
Ject of an independent water/sewer district and ts in the process of
receiving information from other Florida Counties. He said he will
provide the Board with a report once his research is completed.
Commissioner Volpe stated he is opposed to delegating those types
of responsibilities for essential services to an independent
authority.
Commissioner Saunders agreed that locations of plants as well as
master plans for future utilities are the responsibilities of the
Board of County Commissioners, however, there may be l~ne item issues
that can be delegated.
This being a discussion item, no action was required.
Item llOX
DI$CU~SlO]! RE~%RDING THE AGENDA SETUP - NO ACTION
Commi~sioner Saunders indicated this item is in reference to a
letter the Board received from the League of Women Voters. He said
the League has raised a question concerning how to make the Board
meetings more efficient. He asked each of the Commissioners to con-
sider different ideas, such as having certain days of the month for
land use matters, setting a time certain for various types of peti-
tions and in general, how to structure the meeting to cover all the
items in the most efficient manner possible. He suggested this matter
be placed on the regular agenda at a meeting in the near future.
This being a discussion item, no action was required.
Item ,P12B1
ORDI~ 93-13. RK PETITION R-92-8, COMMONWEALTH MANAO~M~NT AND
DK37ELOPMKRT CORPORATION, REQUESTING A REZONE FROM "A~ AGRICULTURE TO
"C-4~ FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41, APPROXIMATKLY
1)~ MIL~ ,AST OF THE INTERSECTION WITH RATTLESNAKE HAMMOCK ROAD -
GO
Page 3 ·
ADOPT~D~ITH ADDITIONAL STIPULATION
February 23, ~993
Legal notice having been published in the Naples Daily News on
February 3, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Ray Bellows presented Petition R-92-8, a request to rezone
a 3-acre site from Agriculture to the C-4 zoning district to develop a
specialty retail center. Me said slnce the subject property ~s
bounded on two sides by approved commercial zoning, the site is eli-
gible for commercial zoning via the commercial under criteria provi-
sions of the Growth Management Plan; however, because the width of the
site exceeds 200 feet, it requires Board of County Commissioners
approval. He advised the criteria also requires the proposed use must
not exceed 5% of the ]eve/ of service "C" design capacity on U.S. 41,
and the t:~affic impact statement supplied by the petitioner indicates
compltanc~ with this provision. He noted all required County agencies
have reviewed the petit/on and have determined that no level of ser-
vice standards will be adversely affected, and appropriate mitigation
measures %~ill insure that the policies of the Growth Management Plan
are maintained. He concluded the CCPC has reviewed Petition R-92-8
and reco~lends approval, subject to Staff's stipulations.
Commissioner Volpe pointed out the a~enda package does not contain
a disclosure of ownership.
Planner Bellows provided the Board with the requested information.
(Copy not provided to the Clerk to the Board.)
In re~:ponse to Commissioner Volpe, Dwight Nadeau with McAnl¥ Asher
and Associates, representing the petitioner, stated the project cannot
include a convenience store with gas pumps or a high turnover s/t-down
restaurant.
Commissioner Volpe pointed out the Staff Report indicates those
specific uses may be developed.
Mr. Nadeau indicated they are not proposing a convenience store
and, in fact, the petitioner has had some interest in a high quality
70
Page 35
II
February 23, 1993
restaurant.
Co~tntoner Norris moved, seconded by Commissioner Matth~
carried ~ntmon~l¥, to close the ~bl~c heartn~.
C~ssi~er Norris ~oved, seconded ~ Co~tssioner Con~t~ttne,
to a~w Petition R-92-8.
Commissioner Matthews asked that the motion include an additional
stipulation prohibiting gas stations and fast food restaurants from
the permitted uses.
C~i~r Norris ~nded the motion to include the a~e st~-
lat~, s~ded ~ Co~ss~oner Constantine ~d carried
the~ a~tin~ Ordinate 93-11, as entered into OrdAn~ce ~ok No.
59.
It~ ~12Cl
~SO~IGN 93-79 ~DI~ING ~ ~SOL~ION 92-409 FOR SOLID WAS~
Legal notice having been published in the Naples Daily News on
February 7, 1993, as evidenced by Afftdavft of Publication filed with
the Clerk, public hearing was opened.
Bob Fahey, So/id Waste Director, presented a request to reduce
solid waste fees at two so/id waste facilities. He proposed to reduce
from $18 per ton to $13.50 per ton, the yard waste tipping fees at
both the Naples and Immokalee Landfills. In addition, he requested a
reduction at the Immokalee Landfill in the fee charged for larger
pieces of concrete and inert materials, from $4.00 per ton to no
charge, ir, the hope of getting more of that k~nd of mater~al, which
can then be used as fill for future lined cell construction.
~ta~ioner Constantine moved, seconded by Commissioner Norris
and cma~-Ae~x~u~i~usl¥, to close the public hearing.
Oo~s~to~er Constantine moved, seconded by Commissioner Norris
and C~XTie4 unmnA~ously, to adopt Resolution 9S-79 modif~ing Rate
Reso]ut~on~ 92-409 for solid waste fees and charges, to be effective
~ch 1, ~093.
Page 36
February 23, 1993
Itn ~13A2
RESOLUTION 93-80 RE PETITION V-92-28, JAN A. LOPATA REQUESTIN~ A
40-FOOT ¥'ARI~NC~ FROM THE REQUIRED FRONT YARD SETBACK FOR PROPERTY
LO~ATED ON T~ SOUTTI SIDE OF COCOHATCHEE BOULEVARD - ADOPTED SUBJECT
TO AGI~B~:~IT SHEET
Legal notice having been published in the Naples Daily News on
February ?, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Chahram Badamtchian presented a request from Mr. Jan
Lopata for a 40-foot variance from the required ?5-foot setback due to
the irregular shape of his lot. He reported the Land Development Code
(LDC) allows for a reduction ~n setbacks for non-conforming lots, but
does not provide for reductions in front yard setbacks tn the Golden
Gate Estates area, because most Estates lots are 660 feet deep. He
said since the subject property is zoned Estates, this request
requires approval by the Board of County Commissioners. He concluded
the CCPC has forwarded Petition V-92-28 to the Board with a unanimous
recommendation of approval.
Commissioner Norris.asked if approval of this petition will result
in the house being constructed in line with others in the
neighborhood, to which Planner Badamtchlan responded in the affir-
mative.
John Munzenrieder, representing Mr. Lopata, added the property
contains ~L 30-foot easement, and the County setbacks begin at the edge
of that easement. He said following those requirements will result in
setback of 105 feet from the edge of the property.
Oo.~tl~onsr Volpe ~ved, seconded by Commissioner Norris and
cmrr~e~ ux~n~ously, to close the ~bl~c hearing.
C~ts~sioner Vol~ moved, seconded by Co~tsstoner Matthe~ ~d
carrt~ ~t~sly, to approve Petition V-92-28 subject to the
AT~t Sh--t, there~ adopt~n~ Resolution 93-80.
Page 37
February 23, 1993
Ite~#14
BOARD OF C'O~NT~ CO~qlSSIONERS' COMMUNICATIONS
Commissioner Saunders stated he has recelved a great deal of com-
munication concerning the Lely Preserve. He asked the Board to con-
sider whether or not to put this discussion back on the agenda.
Commissioner Constantine suggested if the item is brought back
solely for the purpose of clarifying the intent of the Board's direc-
tion, he is in agreement; however, he is not interested in discussing
the entire issue again, to which Commissioners Norris and Volpe con-
curred.
Tom Olliff, Public Services Administrator, stated his
understanding of the motion was to incorporate the language proposed
by the attorney representing the Barefoot Beach Homeowners
Association into the management plan. He said that language has been
added in place of the access language; 'however, an issue remains
regarding the "and/or" language which indicates the Barefoot Beach
Homeowners Association can make a determination that their guard at
the gate should be authorized to make decisions about turning away
traffic.
It was the consensus that the motion clearly intended the park
ranger will be solely responsible for that function.
It was the concensus to remove the "and/or" language from page 4,
Section F, of the Land Use/Management Plan for the Lely Preserve.
Commissioner Matthews called attention to an item discussed at the
February 9th meeting concerning a recreational park in the Golden Gate
Estates area. She asked the Board to place that issue back on the
agenda for the March 2nd meeting, and that Staff provide the Board
with recommendations on smaller park facilities in that area.
It was the concensus that a discussion of park facilities in
Golden Gate Estates will be placed on the March 2nd agenda.
ese Co~aisaioner Norris ~oved, seconded by Commissioner Saunders
amd carried 4/0 (Cowmissioner Volpe out), that the following
ite~a~ under the consent agenda be approved and/or
adopted: s * '
Page 38
February 23, 1993
LAKK~ - ~[TH STIP~ILATIONS AS DETAILED IN THE EXECUTIVe-SUMMARY
P~ES0LUTIOI! 93-51, FINAL ACCEPTANCE OF ROADWAY, DRAINAGE, WATER AND
SE~E/~ IMP]~ FOR THE FINAL PLAT OF 'HERON POINT AT THE
See Page "~'i'" ~
Item t16A:!
HESOLUTIO]! 93-52 FINAL ACCEPTA~.CE OF ROADWAY, DRAINAGE, WATER AND
SEWER IMP]tOVEMENT~ FOR THE FINAL PLAT OF "LELY ISLAND ESTATES"
See Page 99
Item #16&4
FINAL PLA%~ OF 'GROVES ROAD" - WITH STIPULATIONS AS DETAILED IN THE
See Pages /6~--~ -- /d~
Item ,16A5
ACCEI~TAN~ OF SECURITY FOR EXCAVATION PERMIT NO.
POINT R.V. RESORT, PHASE ONE"
59.406 "PARADISE
Item
See P ge 3
!
EXCAVATION PERMIT R0. 59.462 - "SILVER LAKES" - WITH STIPULATIONS AS
DETAILED ;[lq THE EXECUTIVE SUMMARY
Item
RESOLUTION 93-53, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABAT~IqENT OF PUBLIC NUISANCE FOR LOT 32, CRAIG'S SUBDIVISION,
ANDNEW WO.TT~ZAK OWNER OF RECORD
See Pages
Ite~#16ATb - Withdrawn
Item ~16A'~c
RESOLUTIO]! 93-54, PROVIDING FOR ASSES~WENT OF LIEN, ~R ~n= COST OF
~ ~~ OF ~LIC ~IS~CE FOR ~L OF BLOCK 154, ~IT 5, GOLD~
GA~, ~]P ~ GO, INC.
See Pages
Page 39
February 23, 1993
It~ #16A7d
R~SOLUTION 93-55, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF FUBLIC NUISANCE FOR LOT 17, BLOCK I74, UNIT 5, GOLDEN
GAT~, SAR~ ROBERT~-SHARP
Item #16&'Te
See Pages /~" //b
RESOL~TI~! 93-56, PROVIDING FOR ASSESSMENT OF LIEN, FOR T~E COST OF
TH~ AB~T~ENT OF PUBLIC NUISANCE FOR THE S.W. CORNER OF THE S.W
QUARTER {:IN 1/4) OF THE NORTR~rEST QUARTER (NW 1/4} OF SECTION 4, IN
TOglN~HIP 47 SOUTH, RANGE 29 EAST, WILLIAM D. ROBERTS
See Pages l!l-, /13
Ite~ ~16A:~ f
RESOLUTIOn! 93-57, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
TH~ AB~TE~IENT OF ~LIC ~IS~CE ~R LOT 28, BLOCK M, KINGS L~ ~IT
See Pages / / ! IS'
Item ~16A1'~
RESOLUTION 93-58, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEmeNT OF P~/BLIC NUISANCE FOR LOT 7, BLOCK 135, GOLDEN GATE,
UNIT 4, Rr~*G'H R. ORTEGA AND EVELYN C. ORTEGA
See Pages
I17
RESOLUTION 93-59, PROVIDING FOR ASSESSMENT. OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE FOR LOT 21, BLOCK 239, GOLDEN GATE,
UNIT ?, JACOBO MEIS AND REGINA MEIS
See Pages ! /'~" //9
Item ,16A?!
RESOLUTION 93--60, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
TH~ AB~TE~IIT OF P~IBLIC NUISANCE FOR LOT 11, BLOCK 155, UNIT 5, PART
--~0~ I]ATE, MRS. D. R. KOSMINER
See Pages /~ ' /C~. /
Item ~16ATJ
RESOLUTION 93-61, PROVIDING FOR ASSESSI~L~TT OF LI~, ~R ~ COST 0F
~ ~~ OF ~LIC ~IS~CE ~R LOT 5, BLOCK J, ~INCI~A
VIL~, ~IT NO. 1, RI~JE J. KOLD~ ~D LENA L. KOLD~
See Pages
Item ~16A7]c
RESOLUTION 93-62, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEM]:NT OF ~BLIC ~IS~CE BE~I~ING AT A CONCR~E
87 ,o
Febr=ary 23, :1993
MAREI]I~ TH~ ~OOTHWEST CORNER OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF
SECTION 18, TONNS~IP 50 SOUTH, RANGE 26 EAST, KENT DEVELOPMF_~NT, INC.
Item
~OLUTI~! 93-63, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE A~&T~3IT OF PUBLIC NUISANCE FOR LOT 2:1, BLOCK 97, UNIT 3, GOLDEN
GATE E~TAt~E~, MARC D. JACOBSON, TRUSTEE OF TRUST B
Item #16A%!m
RESOLUTIO]! 93-64, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
I~E AB&TE~D~NT OF ~-uBLIC NUISANCE FOR LOTS :107 AND :109, PORT-AU-PRINCE,
J.D. HEI~RONAND CHARLENE HERRON
Item ,16ATn
See Pages
RESOLUTION 93-65, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
T]~ ABaTEmENT OF IMIBLIC NUISANCE FOR LOT 20, BLOCK 189, UNIT 6, GOLDEN
GATE, M. 3. HAMTON AND SHEILA B. HAMTON
See Pages
Item #16A7o
I~SOLUTION 93-66, PROVIDING FOR ASSESSMENT OF LIEN, FOR TIFE COST OF
THE ABATE~rT OF PUBLIC NUISANCE FOR LOT 18, BLOCK A, UNIT 1 OF
CONNOR'S V,~I~EI~BILT BEACH ESTATES, JULIUS FISKE, TRUSTEE
See Pages
Item #16AT]p
RESOLUTION 93-67, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEmeNT OF 1MIBLIC NUISANCE AT THE NORTHEAST CORNER OF THE WEST
380 FEET, OF TT~ EAST 1070 FEET OF THE NORTH HALF (N 1/2) OF TTIE
SOUTH]EAST (~UARTER (SE 1/4) OF TRE SOUTHI~AST QUARTER (SE :1/4) OF
SECTION 4, TCRJNSHIP 47 SOUTH, RANGE 29 EAST, DONALD P. ~ROADREAD AND
SOPHIE B. BROADHEAD
It~ ~16&Tq
RESOLUTION 93-68, PROVIDING FOR ASSESSMENT OF LIEN, FOR TRE COST OF
T~E A~&T~MI~NT OF PUBLIC NUISANCE FOR LOT 2, BLOCK 24, LELY GOLF
ESTATES, ~. ANDREWS EAST, BHADSTROM, INC.
It~ ·
RESOLUTION 93-~9, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
TH~ A~iT~I~T OF POBLIC NUISANCE FOR LOT 1:1, BLOCK I10, MARCO BEACH
Page
UNIT T~REE, JAMES W. ANCHANT
Februar~ 23, 1-993
See Pages
RESOLUTION 93-70, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE A~ATEM~NT OF PUBLIC NUISANCE FOR LOT 12, BLOCK D, BROOKSIDE UNIT
#2, MABEL )q. ALBRECHT AND VICTOR CHARLES ALBRECHT
RESOLI~TIUN 93-71, PROVIDING FOR ASSESSMENT OF LI~N, FOR THE COST OF
TH~ AB&T~3~lqT OF I~T~LIC NUISANCE FOR LOT 1, BLOCK 293 OF MARCO BE&CH
UNIT EIGHT, AJUAD ABOU-ASALI
Item ~16A?u
RESOLUTION 93-72, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
TT[E ABATEM]~NT OF FUBLIC NUISANCE ~R LOT 17, BLOCK 277, GOLD~ GATE,
~IT NO. 8, P~T I, ~ILE ACHO~ A~ MICHELE ACH0~
~AL AGREEMENTS NOS. 3 THRU 8 WITH APAC-FLORIDA, INC. FOR
CONSTRUrJ'TION IMPROVEMENTS TO AIRPORT-PULLING ROAD (COUNTY ROAD PROJECT
NO. 66033)
QUITCLAIM DK~D FOR RO~AY ~ D~INAGE EAS~ IN ACCO~CE ~
~ ~AGH IN ~ ~~ED ~RTION OF SE~ION 35, T~SHIP 48
See Page /'7~
Item 91~Cl - Delet~
Item #1~C2
~UDGET ~~ I~SING ~ 123 IN ~ ~O~ OF $4,554.05
Item ~16D1 - Deleted
Item #16D2
NOTIC~ OF ~ROMISK TO PAY AND AGREEMENT TO'EXTEND PAYMENT OF SI~4ER
IMPACT ~ FOR E. THOMAS WAINWRIGHT, SR., AND MARJORIE S. WAINWRIGHT
See Pages
Page 42
February 23, ~993
Ite~lSD3
SATISFACTI(~ OF NOTICE OF PROMISE TO PAY AND AGREEMenT TO EXTEND
PAYMenT OF S~ I~A~ ~ES ~R SUS~ J. BEC~, DE~ ~ S~
~, ~I~ ~E, RIC~ ~ BE~ MCCOY, J0~ ~ ~
~Y, D~L ~ ~NI~D MO~G0~RY, RIC~ RIVED, TIMO~ ~
~~ ~, MIC~L ~ G~I ~E~ILL A~ RUTH ~0~IDE
Item #16D4
NOTIC~ OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER
IMPACT F~ES FOR BARBARA MASON MOSCARDELLI
Item ,16D5
NOTIC~ OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER
IMPACT F~ES FOR FIRST ASSEMBLY OF GOD OF NAPLES, INC., A NON-PROFIT
CORPOI~ITION
Ita
SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND
PAFM~NT OF ~KWER I~PACT FEES FOR j=~KtA'Y AND SANDRA AHLQUIST, OSCAR
AND NILDA DI~LI~ON, GREG AND MARILYN HAMACHEK, ROBERT AND LINDA HOMEIER,
DOUGLAS AND K~LLEY EVANS. CAROLE AND MARK MATHY, MICHAEL MCCAIN, KEITH
AND ~ ~{~TKALOSKI, RICHARD AND SUSAN WHIDDEN, AND ELAINE YOUNG
Item
See Pages
RESOLUTION !)3-73, AUTHORIZING THE ~.x~CUTION OF A RIGHT OF WAY LICENSE
A~RE~I~ENT W~TH THE LEE COUNTY ELECTRIC COOPERATIVE, INC. FOR THE
PURPOSE OF CONSTRUCTING A SLOWER FORCE MAIN WHICH WILL SEHVICE THE
I ~S~OKALEE S~tOCKADE
See Pages ~/5---- c~C~'~
ACC~ A~I~I~NT BETWEEN WAL-MART STORES,
INC. AND COLLIER COUNTY
It~ ~16H4 -- ~ to #8H3
RH~OLt~TIO~ g~-?4 RECOg~[ENDING CHARLES RAY PALMER ANDMARYANN GARCIA
FOR APP~II~T~ENT~ TO THE BOARD OP COMMISSION~S OF THE I~IOKALEE WATER
AND~ DISTRICT
Page 43
February 23, 1993
SeePage ~~
Item ,163!
· XTR& G&T]I ?II~ FOR IRMAT~ NOS. 78180, 80950, ?62?7, 64209, 56260,
69229, 42269, 4761B, 29323, AND 6916B
Item ,163
MI$C*~LT~I~0U~J CORRESPONDENCE - FILED AND/OR R~FERR~D
The following mlscellaneous correspondence was flled and/or
referred as presented by the Board of County CommIssioners:
Page 44
February ~3, ~993
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 3:45 P.M.
/
.'i~' .',' AT~EST :' '? '
- .:, DWIGHT E;. BROCK.~ ~CLERK
,'~.~; %, ~. ~, '.. .~ '~ ,
hese mlnutes approved by the Board on
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
~OOK J~OOPA¢~c.., 95 Page 4,5