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BCC Minutes 02/16/1993 R Naples, Florida, February 16, 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 having conducted business herein, met on this date at 9:00 A.M. tn R~0ULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burr L. Saunders VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Bettye J. Matthews ALSO PRESENT: Annette Guevtn, Recording Secretary; Ellte Hoffman, Deputy Clerk; Nell Dorrill, County Manager; Ken Cuyler, County Attorney; Ramiro Manaltch, Tom Palmer and MarJorie Student, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Tom Olliff, Public Services Administrator; Bill Lorenz, Environmental Services Administrator; Mike Arnold, Utilities Administrator; Fred Bloetscher, Assistant Utilities Administrator; Tom Conrecode, Capital Projects Management Director; Dick Clark, Code Enforcement Director; Tim Clemons, Wastewater Director; John Boldt, Water Management Director; Barbara Cacchione, Bob Mulhere and Phil Scheff, Planners; Sue Ftlson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page Tal~ #! ~tem ~3 AGENDA - APPROVED WITH CHANGKS February 16, 1993 Coulestoner Constantine ~oved, seconded by Coutssloner Norris and carrted unanimously, to approve the agenda with the changes as detailed on the Agenda Change Sheet and with the following additional changeo ** l. Item #16H8 - Recommendation for authorization to retain an outside attorney for matters relating to the Sabal Palm Roadway M.S.T.U. project - Continued to 3/2/93. Item #14A - Discussion regarding cable television rate regu- lation - Added. 07 Page 2 (19o) CON~ENT AOENDA - APPROV~D AND/OR ADOPTED February 16, 1993 The motion for approval of the consent agenda is noted under Item #16. (22?) MINUTES OF THE R~0ULAR M~KTINQ OF FEBRUARY 2, 1993, AND SPECIAL MEETIIg OF FEBRUARY 3, 1993 - APPROVED Comiesioner Volpe moved, seconded b~ Conelastoner Norris and c~rried unani~ously, to approve the Minutes of the Regular Meeting of February 2, 1993, and Special Meeting of February 3, 1993. (239) Item EMPLOY~ SERVICE AMARDS - PRKSKNTKD Commissioner Constantine congratulated the following employees and presented their service awards: Daniel G. Wilcox - Transportation 5 years Donna Perkins - County Attorney's Office 20 years (300) Item ,SB PRO~L&M&TION DKSI~RATIN~ THE MONTH OF FEBRUARY AS FLORIDA ~RAPKFRUIT Upon reading and presenting the proclamation to John Mayfield of Florida Citrus Mutual, Co~iseloner Matthews ~oved, seconded b~ Coniselonsr Volpe and carried unanimous/y, that the PToclmtton designating the ~onth of February as Florida Grapefruit Month be adopted. Page 3 February 16, 1993 Item ~8A1 CARNIVAL I~K~MIT 93-! RE PETITION C-93-1, GOLDEN GATE CHAMBER OF CO~ERCI~ REQUESTING A PERMIT TO CONDUCT A CARNIVAL FROM F~BRUARY 25TH THROUGH FEBRUARY 28, 1993, ON PROPERTY LOCATED ADJACENT TO THE GOLDEN GATE CO~NITY CENTER ON GOLDEN GATE PARKWAY - APPROVED Frank Brutt, Community Development Services Administrator, pre- sented a petition from the Golden Gate Chamber of Commerce requesting a permit to conduct a carnival, better known as "Frontier Days", from February 25th through February 28, 2993. He said the Chamber has met all the requirements for the carnival permit, other than those pro- vided within their request for waiver of the surety bond for the clean-up of the site and the $200 fee. He concluded with a recommen- dation that the Board of County Commissioners approve this request. The following person spoke regarding this item: Chuck Stephan Coltsstoner Constantine moved, seconded by Coutseioner Matthew~ and c~rrted unanimously, to approve Carnival Permit 93-1 re Petition C-93-1 for ~Frontier Days" from Februar~ 25th through Febl-~ar¥ 28, 1993. Page 4 February 16, 1993 (53,) CARNIVAL PERMIT 93-2 R.E PETITION C-93-2, NOMXN'S COUNCIL OF REALTORS, REQUE~flNG A PERMIT TO CONDUCT A CARRIVAL FROM MARCH 5TH TH~0U~H MARCH 7, 1993, ON PROPERTY LOCATED AT THE INTERSECTION OF NORTH COLLIER BOULEVJLRD AND ~LKCAM CIRCLE, MA~CO ISLAND - APPROVED Mr. Brutt explained Petition C-93-2 is a request to permit a car- nival, to be known as "Old Time Country Fair", on Marco Island from March §th through March ?, 1993. He said the Women's Council of Realtors, the sponsor of the carnival, has met all the requirements of the procedures and have requested no waivers to any of the conditions. He concluded with Staff's recommendation for approval. Monte Lazarus, representing the Women's Council of Realtors, indi- cated he should have asked for a waiver of the $200 fee when sub- mitting the application to the County. He said all proceeds from this event will go to charity, and asked that the Board consider waiving the fee. In response to Commissioner Saunders, Mr. Brutt explained the fee has already been paid. Mr. Lazarus agreed to request a waiver for this event next year. Commisetcrner Norris moved, seconded by Co~issloner Volpe and carried ur~nimou~l¥, to a~r~e Ca~ival Per. It 93-2 re Petttton C-93-2 for the 'Old Time Co~t~ Fairs on ~co Isled fro~ ~rch 5th thr~gh ~ch 7, 1993. Page February 16, 1993 Item DISCUSSION OF TH~ TRANSFER OF DEVELOPMENT RIGHTS (TDR) - STAFF TO ADDKES$ TDR ISSUE ~OUOH Todd Tateo, Vice President of Horizons & Ventures, Inc., asked the Board to consider a Transfer of Development Rights (TDR] as a means to reconcile public interest and private property rights affected by zoning reevaluation. He said this request is an opportunity to pre- serve approximately 7-8 acres of mangrove wetlands. He explained the property is fully permitted for development of 34 residential units as the result of a settlement agreement between Deltona, the State, Collier County and environmental interest groups. He stated the proposed transfer has the support of the County's Natural Resources Director and Environmental Services, as well as The Conservancy. He noted the property he is proposing to transfer the units to is located north of the Marco Island Urgent Care Center at the center of Marco Island, consisting of 15 acres. He reported County Staff is recommending rezontng of this property from commercial/professional use to residential multi-family zoning, however, with a density of only three units per acre, which presents a severe financial hardship for the owners. He said the owners will be appealing Staff's determination, but in the meantime, he is asking that the Board look at the merits of protecting the original.piece of land by transferring the 34 residential units. Commissioner Saunders communicated the Board must have Staff eva- luate the proposal and, in conjunction with the County Attorney, make recommendations on what procedure must be followed. He concluded at this point, the Board can only accept the request of Mr. Tateo, ask Staff for an evaluation and have them to report back in terms of what procedure to follow if there is a desire to move forward with this request. Barbara Cacchtone, Long Range Planner, advised the way the ordi- nance is currently constructed, the subject property is not ST zoned, Page 6 February 16, 1993 and the receiving property is not one of the designated zoning districts. She said the ST section of the zoning ordinance has not been used in the past 11 year~, and allows only a very limited transfer of density. She specified it would only allow a transfer of one-half unit per acre and a very ltmtted increase in the receiving zDntng districts. In response to Commissioner Volpe, Ms. Cacchione said the peti- tioner has received a determination on his compatibility exception request, and Staff has recommended a density of three units per acre. She indicated her belief that the petitioner is intending to appeal that determination, and the Board will be hearing the issue in April during the zoning reevaluation process. She noted the TDR is a separate issue, and Staff is of the opinion that it has not been a very workable program in the past 11 years. In fact, she said, Staff believes there are revisions that may be made to that section of the ordinance. Addressing remarks made by Commissioners Saunders and Volpe, Ms. Cacchione stated Staff can prepare a report on the TDR issue in terms of both the zoning ordinance and the Growth Management Plan. The followlng person spoke regarding this item: Charlotte Westman It was the consensus that Staff will handle Mr. Tateo's request through the appeal he has filed for a compatibility exception. (1182) Ite~ ~12B1 ORDINANCI 93-9 R~ PUD-92-10, LIFE C&RE NANAGEM~'NT OF SW ~0RIDA, L.C., 0N ~ OF V~ILT B~CH R0~ ~UST, ~Q~STING A ~ZO~ ~ A ~ ~ ~ ~ISlON~ USg "K" FOR A TE~IS FACILI~ (N~ ~ CO~ITIO~ USE) TO PUD TO BE ~O~ AS ~ FO~A ~ ~R A ~I~ OF 60 ~TI-F~ILY ~ITS OR A ~I~ OF 120 C~ FACILI~ ~ITS FOR ~0P~ ~ ~OXI~TELY 600 ~ ~XI~L~ ~ MILES SO~ OF I~O~EE RO~ - ~ED Legal notice having been published in the Naples Daily News on January 21, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Page 7 February 16, 1993 Commissioner Saunders noted this public hearing was continued from the meeting of February 9th in order to obtain additional information concerning the ownership of the property. Planner Philip Scheff provided the Board with a list of the bene- ficiaries of the Vanderbilt Beach Road Trust, the current owner, as well as the officers of Life Care Management of Southwest Florida, L.C., who would like to purchase the property. In addition, he pointed out three recommended changes to the PUD Document, specif~- cally, to Subsections 4.4B, 4.4G and 4.4K. He stated the petitioner is requesting to rezone the property from Agriculture and CF to PUD, to allow for the development of either a mu/ti-family project or a care unit facility. He explained the multi-family project would per- m~t a maximum of 60 units at six units per acre, while the care unit would allow a maximum of 120 care facility units at a density of 12 units per acre. He mentioned both projects are suggested permitted uses in the PUD Document. He remarked the care unit being proposed is planned as a rehabilitation facility, specializing in daily therapy services for patients who have undergone principal treatment or surgery at a hospital. He concluded that Staff and all appropriate County agencies recommend approval of Petition PUD-92-10, subject to all conditions contained in the Staff Report dated January 25, i993, the PUD Document revised and updated on February 4, 1993, the County Attorney's changes which have been addressed and will be made if approved by the Board, and the three stipulations addressed on page 2 of the handout of February 12, 1993. In response to Commissioner Saunders, Planner Scheff indicated the petitioner has agreed to all the proposed changes and stipulations. He added the CCPC has reviewed this petition and recommended unanimous approval. Commissioner Constantine commented page 3 of the Executive Summary indicates the proposed project is planned to eventually interconnect with the future extension of Vanderbtlt Beach Road. He questioned how this proposal fits into the County's plan to have as few ingress/ Page 8 February 16, 1993 egress points as possible on major arterial roadways? Planner Scheff responded the petitioner is required to provide interconnections on all four sides as part of achieving the density for the proposed project. Commissioner Saunders suggested once Vanderbilt Beach Road is extended to the north, the Board along with the Transportation Division will make a determination as to what interconnections are ultimately permitted. Commissioner Volpe asked what the current access to this project will be, pending completion of Vanderbilt Beach Road? Planner Scheff answered access is currently available from Airport-Pulling Road onto Emerald Lakes Drive, turning to the north onto the new Tennis Court Lane and into the project. Commissioner Norris questioned who will ultimately make the deci- sion to construct either the 60 multi-family units or the 120 care facility units? Planner Scheff explained the purpose of a PUD Document ks to allow options. He said Staff feels that multi-family dwelling units and a care facility are both compatible types of uses. He noted if the care facility project fails, the petitioner will have the option to develop multi-family residential units. Commissioner Norris indicated his concern with this type of open- ended approval, to which Commissioner Volpe concurred. Tom Ktllen, representing the petitioner, noted the subject pro- perty ks located w~thin the only future activity center planned in Collier County. He said once it becomes an activity center, the den- sity for the multi-family project can be increased; therefore, if the proposed care facility is not built, the petitioner will be returning to the Board requesting an increase in the number of condominium units allowed. Commissioner Matthews communicated her agreement with Commissioner Norris' concern that the Board is being asked to approve two different proposals under one PUD Document. Page 9 February 16, 1993 Commissioner Constantine ~oved, seconded by Co~missionsr ~tatthe~ and carried tm~nt~ml¥o to close the ~bllc hearing. Conisstoner Saunders asked ~f it is permissible to approve one of the two proposed uses? Plier Scheff agreed that one of the two uses may be eliminated or made a Conditional Use, which would gSve the Board the opportunity to revisit this issue, should that use be requested. Cowry Attorney Cuyler encouraged the Board to make findings as to what dec~sions are made. c~rt~ ~i~ly, to a~r~e Petition ~92-10 for the 120 c~e facAli~ ~its, deleting the 60 ~lti-f~ily ~it ~e, ~bJect to the ~e ~d etA~latAons r~eeted ~ Staff, ~d that OrdAn~ce 93-9 ~ ~t~ ~d enter~ into Ordln~ce ~k No. 59. ~L~ION 93-50 ~ PETITION ~-92-15, ~CT B, INC., ~qUESTING CO~ITI~ ~E '~' OF ~E C-3 ZONING DIS~ICT ~R I~R MINIA~ ~LF ~ COIN-O~TED ~S~ D~ICES FOR ~0~ L~A~D AT 599 SO~ COLLI~ ~~, ~CO IS~ - ~ED S~CT TO Legal notice having been published in the Naples Daily News on January 24, 1993, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened. Commissioner Saunders noted this petition was also continued from the previous meeting for purposes of identifying ownership. Planner Bob Mulhere explained Petition CU-92-15 is a request for a Conditional Use in which the applicant is asking permission to create an indoor miniature golf facility with coin-operated amusements in the Mission San Marco Plaza on Marco Island. He noted the site is an existing shopping center, and the proposed use will not entail any actual construction. He said Staff has reviewed all pertinent cri- teria and is of the opinion that the proposed Conditional Use will not create any additional impacts on the neighborhood. He concluded Staff has received no correspondence in opposition to the request, and the Page 10 February 16, 1993 CCPC has recommended unanimous approval. Co~tssXonsr Volpe ~oved, seconded by Couteaioner Matthew~ ~nd carried un~ni~ou~ly, to close the pub/lc hearing. Comtes~onsr Norris ~oved, seconded by Cou~ee~oner Volpe and c~rrted unani~usly, to approve Petition CU-92-15, thereby adopting R~eolutton 93-50. February ~6, ~993 (28~) DISCU~SIO~ I~(IAI~DING OUTDOOR ~IPLIFIED NUSIC AT TH~ i~GISTR~ HOTEL - ~I']~F TO K~I~TH R~CO~ND&TIONS R~ AI~NDING ORDINANCE 90-17 County Manager Dorrill communicated although Mr. Grady Minor has requested discussion of the noise problems within the Seagate Subdivision, several other persons who live near Moby Rick's have registered to speak concerning the same situation. Mr. Grady Minor explained the Seagate Subdivision was constructed much earlier than the Registry Hotel, adding that his home is approxi- mately 800 feet south of the pool area of the Registry. He said the problems with noise and amplified music began almost immediately after the Registry opened for business during the winter season of 2987. He indicated although past efforts have been made for peaceful co- existence, the Registry's current position is that they have a busi- ness to run and are not exceeding the County noise ordinance. He stated the problem continues with amplified, outdoor music being played nearly every Saturday and Sunday afternoon, as well as occa- sions during evening hours. He remarked the Sheriff's Office has been very helpful by taking decibel readings, however, they are almost always below those called for in the noise ordinance. He commented if the noise is loud enough to be heard inside their homes with the win- dows closed and televisions on, there must be something wrong with the levels in the County's noise ordinance. He requested the Board revi- sit the noise ordinance through the public hearing process. He added if the County wishes to hire an acoustics expert, he is willing to contribute toward the cost and is willing to approach his neighbors for their assistance as well. The following people spoke regarding this item: Glenn Herriman Donald Ashe Cynthia Campbell Dudley Goodlette T~ ~2 George Keller A/ice Truitt Mary Tait Commissioner Constantine recalled when he was President of the Golden Gate Civic Association, he received ~any complaints regarding ~OOl( 000 P~,9[ 56 Page 12 February 16, 1993 the outdoor chickee huts and bars in the Golden Gate area. Referring to remarks made by Mr. Goodlette, he said he has no doubt that much effort and good intentions were put into the noise ordinance in 1990, but from the volume of complaints being received, it is obvious there lsa problem at the present time. Dick Clark, Code Enforcement Director, concurred that Staff has been receiving many complaints over a long period of time and from many areas, and the issue of amplified music is always the problem. From an enforcement standpoint, he said, it would be far easier and effective to enforce a prohibition against amplified music in open areas within certain feet of a residential area. In response to Commissioner Saunders, Mr. Clark stated he does not have a firm recommendation at this point regarding the distance and measurement method to be uttllzed, however, Staff will return to the Board with those recommendations if so directed. Commissioner Matthews reported the United States Department of Labor noise guide states that decibels are not the only criteria to be considered. She said the lower the frequency, the more irritating the noise is, the further it travels and it does not dissipate as fast, especially over open air. She agreed that the noise ordinance should be revisited. Commissioner Norris concurred, adding that amplified music from residences must be looked at as well. Responding to Commissioner Saunders, Mr. Clark indicated he may be able to provide recommendations in two weeks. It was the consensus that Staff will return with recommendations, in two weeks if possible, regarding amending Ordinance 90-17, the noise ordinance, on the issue of amplified music. (~ee) DI$~SSION U~IN~ ~ ~SION O~ ~ MST Commissioner Saunders asked Staff to provide a status report con- cerning their proposal and to address the safety concerns raised by Boo 57 age February 16, 1993 neighbors. Mike Arnold, Utilities Administrator, referred to the status report provided to the Board containing the key issues raised at a previous public hearing in April, 1991, by residents of the Lely com- munity, primarily regarding odor, health and safety, noise, lighting, chlorine transport and buffering. At that time, he said, the Board directed that all extraordinary steps be taken immediately on those concerns. He announced an odor control system has been installed along with specially fabricated covers placed over the headworks structure; berms have been restructured to increase the height con- sistent with approval from a citizens committee; and screens have been installed to cut down glare from the security and safety lighting at the plant. He called attention to concerns about the continuous sound of running water and slamming noises attributed to valves at the plant. He reported damping devices have been installed, eliminating the noise of the slamming valves, however, the sound of running water will always be present due to the nature of the plant. He mentioned residents have continued to voice concerns about the health and safety issues of the storage, use and transport of chlorine into the plant. He pointed out a health and safety audit, prepared by an outside, tndep,~ndent firm, addressed chlorine as well as the other various che- micals used on a routine basis throughout the plant. He advised the report found the plant in compliance with all applicable health and safety regulations and requirements. He stated another issue brought forth in 1991 was property devaluation. He recalled at that time, at least six lots had been devalued by the Property Appraiser for assessment purposes, and it is his understanding that additional pro- perties in the surrounding community have been similarly devalued. Responding to Commissioner Saunders, Mr. Arnold stated Staff is planning to bring before the Board at the last meeting in February or in early March, an update of the South County Sewer Master Plan, which will include new lines to be run, the timing and cost of those lines, and will also have a separate section addressing treatment plant Page February 16, 1993 expansion alternatives. He Informed the alternatives run from totally abandoning the present plant and writing off that investment, to leaving the first phase in place and relocating any future expansions elsewhere. He said there are very serious cost considerations involved with the alternatives, including the possibility of refunding some of the federal grants received and the Implications of not using some of the oversized facilities provided Intentionally for future expansions. He reported Staff's concern ts the severe tlme constraints due to Growth Management Plan dictates as well as some of the stipulations tn a recent agreement with the Department of Community Affairs (DCA) regarding levels of service. He said the County may need to reduce levels of service and look at the possibi- lity of building moratoriums if expansion ts not provided tn a timely fashion. He added the Department of Environmental Regulation (DER) may also assess considerable fines on the County as a result of not having met their deadlines. The following people spoke regarding this item: Chris Lombardo (With informational packet. Not provided to the Clerk to the Board.) speakers. James Ruble Dudley Chtsm Onnolee Rtcketts Paul Btllofattt Erwtn Gutzwlller Curtis Walker Also made presentation after public Harold Drugan Wtlmer Glock, Sr. Albert R. Atello Earl Kegg Carl Bombard Commissioner Volpe asked what ts being done to forewarn people coming into Collier County and making financial investments in real property, to let them know the future plans for delivery of these types of essential services7 Mr. Arnold stated the master planning documents that lay out a 20-year plan for water and wastewater treatment facilities are on file with the Clerk to the Board as well as the Utilities Division, and are available for any member of the public to read. Commissioner Volpe communicated a more comprehensive system ts needed to notify the general public regarding the future essential Page 15 February 16, 1993 services planned in any given area. Also in answer to Commissioner Volpe, Mr. Arnold responded when the odor control system was installed, the County also purchased moni- toring devices which are used on a daily basis. Commissioner Volpe asked if anything more can be done to control odors? Mr. Arnold replied in the affirmative, adding that considerable expense would be involved. He suggested the citizens designate a group of professional people to review the County's plans and provide their input. Commissioner Volpe called attention to the flooding of lots behind the berm. He asked what is being done to alleviate that problem? Mr. Arnold indicated Staff in Utilities, Transportation and Water Management are working together on a plan to put in additional inlets and pipelines out to the street. Commissioner Saunders remarked the Board has three main issues to consider, namely, potential expansion of the current facilities; addressing the existing problems; and whether the plant can be relo- cated. He said with regard to expansion, that option is not accep- table to him and will not receive his support, even if it means imposing a building moratorium because of a lack of sewage treatment fac/lit/es in a particular portion of the County. He added he does not believe there needs to be a public hearing on this matter. Responding to the health and safety concerns raised, he proposed the chlorine storage facility be moved away from the residential area, and the issue of its storage in an outside area must also be addressed. He also gave the opinion that enough has not been done to address the odor problems. He suggested the County hire an expert in odor control who is acceptable to a representative of the Lely community. In reference to plant relocation, he said, it may not be reasonable, practical or possible to do that, but the Board owes it to the resi- dents to at least analyze that possibility for costs. Commissioner Volpe concurred, however, in his opinion there must Page 16 February 16, 1993 be an advertised public debate on this issue as the result of the com- mitment previously made by the Board to the community at large. Commissioner Matthews reiterated her concern with the outside storage of chlorine and stated she is not convinced enough has been done to alleviate the odor problem. She noted with regard to a future public hearing on this matter, she agreed that al/ alternatives to the expansion or relocation of this plant must be aired before the general public. It was the consensus to direct Staff to move the chlorine facility as far away from residences as possible; obtain objective input to analyze the odor problem and include Attorneys PAres and Lombardo in the process; when appropriate, a public hearing is to be scheduled on the subject of expansion of the facility: and continue to address the berm problems. Commissioner Volpe suggested the representatives of the area not be limited to Attorneys Pires and Lombardo, and should Include repre- sentatives of other groups in the Lely area. Commissioner Norris asked that Staff also explore and analyze the possibility of abandoning the plant. Attorney Anthony Ptres requested Staff be directed to investigate whether the use of this property is invalid by virtue of a plant being on that land when it should not be. He suggested an analysis be done to find what approvals, if any, were given from the standpoint of zoning or land use approvals. *** l~m~%ut¥' Clerk Hoff~an replaced Deputy Clerk Guevln at this tim *** (~oo) KD CARLSON, NANAGKR CORKSCI~EW SWAMP SANCTUARY l~ ROAD NAMXS IN THK BIG CORF~CR~N ISLAND CO~WUNITY - SANCTUARY ROAD TO REMAIN NAMED AS IS Mr. Ed Carlson, South Florida Manager of the National Audubon Society and Manager of Corkscrew Swamp Sanctuary explained that this Issue involves road name changes in the Corkscrew Island Community. He cited that there are public safety issues involved in this regard, O00,a 61 Page 17 February 16, 1993 noting that he disagrees with the staff's plan of the road naming system. Mr. Carlson presented copies of two maps. He referred to the map of the Model Ranch and reported that this is an area of five square males subdivided into five acre tracts that had no improved access to those lots nor was any drainage provided. He indicated that each landowner holds a deed for his land and gives up a right-of-way ease- ment. He reported that these are not county roads and there ts no maintenance except by the residents of that community. Mr. Carlson stated that Immokalee Road and Sanctuary Road are the two main roads tn thls region. He noted that direction ts given to visitors to the Sanctuary to take Immokalee Road to Sanctuary Road. Mr. Carlson provided four photos, depicting the route from Immokalee Road into the Sanctuary. He remarked that the north/south leg of Sanctuary Road ts proposed to be named "Corkscrew Lane" and maps will be produced showing the north/south leg of Sanctuary Road as part of Corkscrew Lane which extends below Immokalee Road and that will be an intersection. He noted if drivers from Naples attempt to turn right on Corkscrew Lane they will be unable to do because that road does not connect directly with Immokalee Road, and they would need to stop on CR-846 and back-up and this would be a very dangerous situation. He related that there is a big public safety issue involved in this regard. Mr. Carlson remarked that there is no confusion about the location of Sanctuary Road, since it is a landmark. He divulged that the neighbors on Sanctuary Road do not want the name changed. He explained that the County's re-naming of the roads will result in taking an established road which was constructed according to state standards and has been named for 30 years, and re-naming it. He noted this will result tn confusion and will make it more difficult for people to find the sanctuary. He suggested that the addressing should be planned around the existence of Sanctuary Road. Community Development Services Administrator Brutt advised that Page 18 February 16, 1993 the Post Office contacted staff in 1991 and Indicated that they would like assistance in getting away from the use of C-i, C-2, C-3, C-4 and Mr. Carlson explained that approximately 10 years ago the Volunteer Fire Department decided to name the easements and they decided to utilize a system with letters and numbers. He concurred that this system is uncomprehensible and it did not work. He noted that the residents wholeheartedly supported the county's effort to re- name the "C" streets, however, it was never imagined that Sanctuary Road would be re-named. Mr. Brutt advised that 10+ notices were sent out and in excess of 60~ of those notified indicated that they did have difficulty uti- ltztng the "C" streets relative to location, mall, etc. l~e reported that a questionnaire was sent out and responses were received suggesting various names for the roads. With regard to the addresses, he stated that there were only four numerical numbers that needed to be changed. Mr. Brutt referred to a memo to Debb~e D'Oraz~o, 911 Coordinator, from staff, advlslng that Sanctuary Road presents other problems, noting that the progression of address numbers ls irregular, l.e. 7000's ~ncreasing northerly, to ll00's decreasing westerly, and leaves residents to the North and East ]n need of street names. Mr. Brutt pointed out that one possible solution may be to use Sanctuary Road as the north/south road off Immokalee Road and the east/west road would contlnue as Sanctuary. In answer to Commlsstoner Volpe, Mr. Brutt stated that staff pro- poses that Corkscrew Lane would be the north/south route as ~ndicated on the map and the east/west segment would be Sanctuary Road. Mr. Carlson advised that the National Audubon Soclety would be happy to slgn Sanctuary Road at their expense and malntaln same. Co~lsstoner Saunders stated if Sanctuary Road ls to remaln as it currently Is named, staff wlll need to come up wlth addttlonal names for the gr~d system. Page 19 February 16, Z993 ~ con~ of the Commisaton w~s that Sanctuary Road remain Nat~l Au~n Society. (~0) Ite~ ~DI ~ O~ ~ ~ ~ ~O~SSIONAL SERVICES A~~ ~R ~I~I~ S~ICES ~ ~ S~Y OF 0~ COBOL I~RO~S AT ~E CO~ ~ION~ NA~ ~~ P~ - ~O~D Assistant Utilities Administrator Bloetscher stated that this item ts a recommendation for approval under the standard County annual pro- fessional services agreement with Johnson Engineering for review of the hydrogen sulfide at the existing Water Treatment Plant located at C.R. 951 and 1-75. He advised that the plant has four (4) - 4MGD degaslfters on a 30 foot tower and they concentrate the hydrogen sulfide from that facility. Commissioner Constantine ~ovsd, seconded by Co~taalonsr Volpe to approv~ the work order to study odor control Improvements at the existing Regional Water Treatment Plan for engineering services. In response to Commissioner Norris, Mr. Bloetscher explained that the County has an annual contract with Johnson Engineering and they will work with Greeley & Hansen to do this work. Commissioner Matthews remarked that it appears the County ts moving toward the need for an Engineering Department since a variety of engineering concepts are being required and it Is expensive to con- tinue hiring outside consultants in this regard. Commissioner Volpe questioned whether staff interfaces with the City of Naples to see what their experience has been been. Mr. Bloetscher indicated that staff does communicate with the City and will continue to do so. Upon call for the question, the motion carried unanimously. Page 20 Februar~ 16, 1993 (193B) BUIMtr~ ~ TO ADJUST BUDGETED CARRY FORWARD TO AUDITED CARRY FONNA~D FOR ~ SEWER CAPITAL - APPROVED Assistant Utilities Administrator Bloetscher announced that the purpose of the budget amendment is to make adjustments tn the carry forward. He indicated that this results from the 1990/9! budget having a proposed bond Issue of $27 millton for various projects. He noted that unrealized revenues are not carried forward in succeeding budget years. Commissioner Matthews cited concerns that the budget amendment ts not being proposed internally by staff but rather by the auditors. Mr. Bloetscher explained that the auditors provide direction on exact dollar amounts however, those are unknown until the time of the budget cycle and staff is looking six months in advance since changes were made due to the split of the former Fund 410 which is now Fund 412 and 414. P..ommloato,ner Norris ~a~ved, seconded by Contssioner Saunders ~nd c~rled m~m~ly, to approve the budget uend~ent to adjust the budgeted carry forward to agree with the audited carry forward. (20?0) Item,~l RECO~iENDATION TO PHASE OUT 0AC TRUST FUND - CANALS (FUND 607), ~F~t MONIES TO GAC TRUST FUND - ROADS (FUND 606), DISPOSE OF EXISTING MECHANICAL WEED HARVESTER/TRANSPORT TRAILER AND PROVIDE REPLACEMENT FUNDING FOR AQUATIC PLANT CONTROL ACTIVITIES IN GOLDEN GATE CITY - APPROVED Water Management Director Boldt requested direction and approval for the disposition of funds and equipment presently provided tn the GAC Trust Fund. Mr. Boldt recalled in December, 1992, the Board directed staff to arrange for the monies in Fund 60? to be transferred to meet the urgent paving needs in Golden Gate Estates. He requested approval to effectuate the transfer to Transportation Department GAC Trust Fund. Mr. Boldt reported that the action as requested would result tn Page 21 February 16, 1993 the disposition of the weed harvester and Its operator; replacement of what is to be done in Golden Gate City for a plant control program; end the reimbursement of Fund 606 from Fund 110. Mr. Boldt advised that staff is recommending approval of the necessary budget amendments and the four points of action as referenced in the Executive Summary. In response to Commissioner Matthews, Mr. Boldt explained that in the Secondary System, the County maintains approximately 180-200 miles of canals and the Big Cypress Basin maintains 130 miles of canals. In answer to Commissioner Constantine, Mr. Boldt reported that Sonar SRP is a relatively new product which ts a slow-acting material and costs $900 per gallon. He noted that this material destroys the reproductive capabilities of the plant for several years. Mr. Chuck Stephan spoke with regard to thls item. Cm.~isstoner Norris moved, seconded by Co~mtssioner Matthews and carried unanimously, to approve ~he reco~endat~on of staff, as ~tatl~ tn t~ ~e~ttve ~. (2560) ~ ~~[O~ O~ ~ ~P~ O~ ~ ~ C0~ 0~ (~Y ~[~ ~) ~ ~AVO~ 0~ ~ ~[~ ~ ~ CO~S0~[DA~D ~O~S~ County Attorney Cuyler advised that this item ts the Board's con- sideration of an appeal of the Court Order relative to the con- solidated tourist tax case. He indicated that the court order is fairly short and does not go Into a lot of findings, but simply Grants the plaintiffs' Motion for Summary Judgment and denies the County's Cross-motion for Summary Judgment. He explained that the question before the Board ts whether an appeal of the Judgment of the court ts desired. County Attorney Cuyler reported that the Tourist Development Council unanimously recommends an appeal. In addition, he related that there is a strong likelihood that the State Association of Page 22 February 16, 1993 Counties will Join in as Friend of the Court and file a brief in this regard since this deals with curative legislation which other counties may have an interest in. County Attorney Cuyler stated that the county has maintained that the defect as found by the Second District Court of Appeal in going forward with the ordinance without a tourist plan from the prior Tourist Development Council is the procedural defect that can be cured by the legislature. County Attorney Cuyler indicated that the plaintiffs maintain that the county was without authority to have passed the ordinance, however the county's position is that there was the inherent authority to pass the tax under F.S. Chapter 125.0104 but that procedural defect was something that can be cured by the legislature. County Attorney Cuyler remarked that he is recommending the firm of Carlton, Fields to handle the appeal. He indicated that he has been advised that the appeal can be handled for approximately $25,000 or less. Commissioner Constantine related that it appears that there is a fairly good percentage likelihood that the Final Judgment can be over- turned particularly with the Florida Association of Counties filing a Friend of the Court brief. He noted that the risk of spending a small amount is worth the possibility of getting back $5.5 mi/l/on. He stated that he supports the recommendation of the County Attorney. Commissioner Volpe questioned whether an investigation was done as to the legality of the curative legislation passed by the Florida State Legislature, to which County Attorney Cuyler replied in the affirmative. In response to Commissioner Volpe, County Attorney Cuyler advised that there are no factual disputes, and noted that this is a legal issue. Commissioner Volpe stated that he does not believe he can support $25,000 being expended in this matter since supposedly the Legislative Delegation did their homework. Page 23 February 16, 1993 Commissioner Norris remarked that the voters of Collier County said they wanted this tax enacted and when there was a problem the State was approached and the state legislature passed a special act to cure this matter. Co~loner Norris moved, seconded by ~ ~iN 4/1 (~tslioner Vol~ o~sed), ~o ~e fo~d with the ~1 ~ t~t t~ fi~ of Carl~on, Fields ~ re~atned al reco~nded ~ ~ 93-0-1; 93-111; 93-142/1~8; 93-161/1~4 - ~D Commissioner Volpe called attention to Budget Amendment Request C-l, relative to the Clerk's Office performing the cashiering func- tions for Development Services and the Utilities Division. He questioned whether some positions would be eliminated and asked how this would be implemented in terms of the cashier's functions in those two offices. County Manager Dorrill explained that there are no new positions associated with this function. He indicated that there were pre- viously two cashiers: one worked for Utilities and one worked for Comm%uaity Development. Re noted that funds may be transferred from those divisions to the Clerk, who has not previously budgeted to have one of his cashiers there in that building. C(~mt~ionmr Norris moved, seconded t~f Com. tsstoner ¥olpe ~d carr/~ ~t~ly, that ~dget ~en~ents 93-C-1; 93-111; 93-142/158; ~ 93-161/164 ~ adopted. ~ ~ ~SOL~IONS 93-15/18 - Coum/aeloner Norris moved, seconded by Commissioner Volpo and c~rrted un~nimo~sl¥, that ~dget ben.ant Resolutions 93-15, 93-16, 93-17 ~ 93-18 ~ adopted. Page 24 BOARD OF COUNTY CO~BqlSSIONKRS' COMMUNICATION February 16, 1993 Commissioner Constantine reported that one item that has come to his attention repeatedly the past six weeks is that the policy for payment on solid waste pickup appears to be flawed. He noted that some people are forwarding their payments quarterly and if payment is received one day late the checks are returned and they are advised that they are required to pay for the entire year. He suggested that there should be a grace period or interest accrued, rather than returning the check. County Manager Dorrill indicated that there is a contractual agreement with the Tax Collector and if there is a mechanism to amend that agreement to allow late payments to be accepted with a late fee in the next quarterly payment it will be explored and suggestions pre- sented to the Commission. Tal~, #4 Commissioner Matthews stated that it was called to her attention that one of the missions assigned to the EPTAB committee was to report and recommend to the Board of County Commissioners specific ideas. She remarked that several environmental issues have come before the Board, however, there has not been a report from EPTAB. County Manager Dorrill explained that EPTAB was created to review and comment on Land Development Regulations and ordinances for environmental protection. He recalled that last week he was directed by the Commission to explore the possibility of of consolidating the EAB and EPTAB as well as any other advisory boards. Mrs. Charlotte Westman spoke with regard to EPTAB. Commissioner Saunders called attention to the Cable Television rate regulations. He advised that the federal agency involved with cable television will be promulgating rules and regulations involving local government. He cited that the Greater Naples Civic Association has requested that this item appear on the agenda to discuss the Page February 16, 1993 establishment of a committee to evaluate cable television rate regula- tion ~n advance of the regulations coming out. He suggested that this item be placed on next week's agenda. $$' Coll~sstoner Norris moved, seconded b~ Commtse~oneF ~atthews m~d cmt~ 5/0, that the foll~in~ tte~ ~der the consent a~enda ~ ~~ ~d/or adopted: ''' It~ ~1~1 WI~ ~ ~I~TIONS AS LIS~D IN ~ ~C~I~ S~ It~ FTIt~L PL&T 0~ ~STERLING 0A~S, UNIT ONg~ - ~ITH THE STIPUL&TIORS &S LISTED IN X~ EXECUTIV~ SUMMARY Itsn #16B1 PAyM~r)~T OF SIGN DAMAGE/REMOVAL/REPLACEMENT FOR S.R. 951 PARCEL 101 (REF~R~IUg CIRCUIT COURT CASE NO. 8?-308-CA-01-HDH) - IN THE AMOUNT OF $5,980 It~m#l~C1 HID ~93-1995 FOR ATHLETIC COURT RESURFACING AT VARIOUS COLLIER COUNTY PA]~ SI~ - AMARDED TO FRO SPORTS SURFACES IN THE AMOUNT OF $55,500 Item ~I~C2 continued to 2/23/93 BID ~93-2003 FOR FIRE SUPRESSION D~VICE SM~ ~ ~ STATIONS - AWNED TO ~LL ~ OF $2,600 Itel ~16D2 FORMAL BIDDING MAIVED AND CONVERT0 MAI~I~ACTURINO COMPANY, INC., AUIq~ORIZED ~O RE-BUILD SLUDGE HAULING TRAILER FOR $29,600 PLUS AN ESTINAT~D FReighT COST OF 82,400 Item ,16D3 · X~01;TION OF TH~ SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND A~RK~M~T TO EXTEND PAYMENT OF SEWER IMPACT F~ES FOR RUSY M. BELCHER, SUSAN J. BEORAFT, ELIZABETH AND JOSEPH MCNICHOLS, JR., STEFAN AND JULIE JOHA~SON, LUCAS MARTIN~Z, ANGEL AND SYLVIA TALAMANTES, GARY AND JULIE MITTO~K, JUDIT~ G. AYERS, AND THOMAS AND KAREN LEMIRK Item #16D4 See Pages ~"' /~ ~ Page 26 February 16, 1993 EXECUTION OF ~a~ NOTICE OF PROMISE TO PAY AND AGREEMENT TO K~T~ND PAYIEK~T OF ~E~KR IMPACT FEES FOR HITCHING POST CO-OP, INC., A FLORIDA CORPORATION, FO1R~ERLY KNOWN AS HITCHING POST HOMROWNERS ASSOCIATION, INC. Item ~16D5 EXECUTION OF THE NOTICE OF PROMISE TO PAY AND AGREEMENT TO ~T~ PA~ OF S~ I~A~ ~ES ~ Q~ I, INC., A ~ORIDA CO~TION See Pages - 117 ~CO'IION O! I~1 NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYM~IIT OF ~ IMPACT FEES FOR DONALD L. CHESSER AND $OYCH CHESSER, SeePages //if.- / 71 EI[~'~FTION OF T~ NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAFM~IIT OF ~ IMPACT FEES FOR HAST NAPLES BAPTIST CHURCH, INC., A FLORID& ~TION Items ~16E1 P~RCI~HE OF THE MOI~]LAR OFFICE PRESENTLY LEASED FROM WORK SPACE PLUS, A DIFI$ION OF ~N/~G ~D~ L~SING CO~TION, ~ICH IS ~ILI~ ~ ~ S~I~S O~ICE AT ~ CO~OUSE ~ IN I~EE - IN ~ ~ OP 82,500 Item RESOLDTION 93-48 AUTHORIZING THE EXECUTION OF PURCHASE AGREEMENTS FOR TH~ G.A.C. LAND SALES TRUST CONVEYED TO COLLIER COUNTY BY AVATAR PROPerTIeS, INC., (AGREEMENT DATED NOVEMBER 15, 1983), BY THE CHAIRMAN OF TH~ BOARD, FOR THE CURRENT CHAIRMAN'S TENURE ONLY See Pages I~3~)LOTION 93-49 A~0RIZIN~ D~ ~ ~ ~R D~D ~ NO. I TO THE CONTRACTUAL SERVICE A~EMENT WITH TH~ OCHOPEE FIR/ DISTRICT FOR FIP~ PROTECTION SERVICES WITHIN TH~ [TRINCORPORAT~D AREA~ OF COLLINR COUNTY Page 27 February ~6, 1993 APT~O~]~.TJkTION OF CARNY FORWARD FROM FISCAL YEAR 91/92 AND A~SOCIATED ~UDG~T ~ - IR THE AMOUNT OF $83,009 INCKEASH IN TH~ CONTRACT AMOUNT FOR WILSON, MILLER, BARTON ~ PEEK, INC., PON ADDITIONAL DESIGN SERVICES FOR THE VINEYARDS SO~C~ FIELDS - IN T~ Jkl~l~T OP ~3,000 Item #16N3 WORK OR~ER J~HM&-7 UNDER THE ANNUAL AGREEMENT (91-1712) WITH HOLE, WONTK$ & &$SOCIATHS FOR PROFESSIONAL ENGINEERING SKNVICES FOR THE COLLIER COUNT~ SPOR~S COMPLEX - IN THE AMOUNT OF $6,600 Item ~16H4 SIGNIR~ OF THE NATIONAL ASSOCIATION OF COUNTIES 1993 ACHIEVEMENT AMARI~ APPT, ICATION~ on File in Clerk's Office STIIRIL&TED FINAL 3ITDGMENT'RELATIVE TO EASEMENT ACQUISITION ON PARCEL NC. 166 T~)CATED IN THE PINE RIDGE INDUSTRIAL PARK M.S.T.U. - IN THE AMOUNT OF $6,600 Item ~16H6 ~]I~T,~ME~TAL AGREEMENT NO. · TO T~E CONSULTING LANDSCAPE ARCHITeCT SE/~FIC~ AGrEEMeNT WITH MCGEE & ASSOCIATES, INC., FOR THE LELY GOLF ESTAT~ BKAUTIF/CATION M.S.T.U. - IN THE AMOUNT OF $850 Ite'm ~16H7 CHANGE ORDER WITH MITCHELL & ST~ CONS~UCTION C0., IRC., TO ~OVIDK ~R ~ ~g OF ~DITIONAL ~TERIAL ~QUIRED TO ~ FIELD CO~ITIO~ ON ~ PI~ RI~E I~US~IAL P~ PRO~ - IN ~ ~ OP 850,~0 See Page /~ Item ,I~NI conttnue~ to 3/2/93 Item ~16N9 RKIM3Y0R~I~K~T TO THE SOOTH F~0RIDA WATA~ ~A~ DIS~I~ ~R COSTS ~~ ~ ~ OF ~IC~ ~TED DEBRIS IR ~ ~CINI~ Page 28 February 16, MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED 1993 The following miscellaneous correspondence was fl/ed and or referred as presented by the Board of County Commissioners: Page 29 February 16, 1993 CERTII~CAT~ OF CORRECTION ?0 Tl~ TAX ROLLS AS PR~S~"NT~D BY TE~ 1990 TAX ROLL ]1o. Date 326 01/29/93 1991 TAX ROLL 229 01/29/93 1991 TANGIBLE PERSONAL PROPERTY 1991-134 02/12/93 100/102, 104 1992 TAX ROLL 01/28/93-02/03/93 1992 TANGIBLE PERSONAL PROPERTY 1992-90/1992-94 02/08/93-02/09/93 SATI~ACTIO~ OF LI~ FOR SERVICNS OF See Pages There being no further business for the Good of the County, the meeting was ad3ourned by Order of the Chair - Time: 2:05 P.M. DWIGHT. E. BROCK, C'. K~.~ /.~'These minutes a~oved by the Board on · /~"__/.. ;; . BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL Page 30