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BCC Minutes 01/05/1993 R Naples, Florida, January 5, 1993 LET IT BE REMEMBERED, that the Board of County Commissioners in !i~.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 · ~heretn, met on this date at 9:00 A.M. In R~ULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the ¥~.followtng members present: ~¥~? '; CHAIRMAN: Burr L. Saunders VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe · Bettye J. Matthews "' : ALSO PRESENT: Dwight Brock, Clerk of Courts; John Yonkosky, ?J'i'.Flnance Director; Annette Guevin, Ellis Hoffman and Sue Carney, Deputy .: "Clerks; Neil Dorrill, County Manager; Ken Cuyler, County Attorney; .' Dave Weigel and MarJorie Student, Assistant County Attorneys; George ii!'.:'.. Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Tom Olllff, Public Services Administrator; Bill Lorenz, Environmental Services Admin~strator; Leo Ochs0 Administrative Services Administrator; Fred ~'~ Bloetscher, Assistant Utilities Administrator; Bob Blanchard, Growth · .Management Director; John Boldt, Water Management Director; Ken i..i~('~ Baginski, Planning Services Manager; Stan Lttsinger, Growth Management ,.~'-'.-"(:(Sect~on Chief; Ron Cook, Utilities Finance Director; Peter Comeau, ?','. Stormwater Utility Manager; Robert Wiley, Water Manage~-,ent Engineering .: Project Manager; Vlad Ryziw, Transportation Engineer Project Manager; Ed Kant, Transportation Senior Engineer; Jeff Perry, Bryan Milk and ~"! Philip Scheff Planners; Sue Filson, Administrative Assistant to the 'hBoard; and Deputy Byron Tomlinson, Sheriff's Office. Page January 5, :1993 ZN OF T~ CL~FX O, COURT8 Sudge Hugh Hayes swore tn D~ight E. Brock aa Clerk of Courts for County. :~LECTXO~ OF ~ ~I~ ~ VlC~ Upon the close of nominations, Co--teetoner Volpe norad, seconded Comm2ee2oner Saunders u Cha2rm~n of the Board of County Comm2ee2onere [. U~n the c~oee of nominations, Co. Isotoner Vol~ ~, ~con~ :/ C~~r Co~t~t~ne u V~ce C~~ of the ~ard of C~ for 1993. '(288) 9:10 A.I/. - Reconv~ned: 9:20 A.H. at wh/ch time Cc~.eton~r Volpe did not return to the mtlng. ... PI~F~E]TATZON OF PLAQUE FROM ~ BOARD OF COUNTY COU)IT~ ATTOI~I~Y~S OFFICE TO BRgNDA ~ILSON Commissioner Saunders presented a plaque to Brenda Wilson appreciation oF her work as an Assistant County Attorney for Coll2er ~..Count¥ and reco~tztng her election as a County Court Judge. :~ tJ, cma/ ch~ng~: Item #12B1 to be heard at 11:00 A.H. Page 2 January 5, ~993 The motion for approval of the consent agenda is noted under Item ~Ieelon~r Natthme~ moved, seconded by Commissioner Ssund~ra and carried 4/0 (Commissioner Volp~ out), to m~rove the Minutes of the ~~ ~t~ of ~cmm~r 15, 1992, ~ the S~c/al ~eti~ of 16, 1992. oeo ComLtmio~mr Volpm retu~nm~ to the mmmting at this {.(soo) ,.' ~ JUDZ ~, ~ILZTZES DI~SI0~, ~C~D ~ ~~ 0Y ~R 'J~, 1993 Commissioner Norris congratulated Judt Bodtne, Utilities Division, :,;:!', :~ on being selected Employee of the Month for January, 1993, and pre- eented her with a plaque in reco0nttton as well as a 850 cash award. presented their service awards: Commissioner Constantine congratulated the following employees and Larry W. Henry, Road and Bridge Joanne Beaird, Witness Management ":Susan D. Rossi, EMS '.:~Judtth M. P~lg, Compliance Services :.:Philip J. Scheff 3. Vanatta, Library {SSS) ~TION DESXSlATING JAIIIARY AS NEM Hi MONTH - ADOPTED - 15 years - 10 years - 5 years - 5 years - 5 years - 5 years - 5 years Upon reading and presenting the proclamation to Bill Silverstetn and Joe Rogers, Commissioner Matthews moved, seconded by Commissioner Page S ,l'enu~x*y f3, .xgg3 amd ~mzz.~od u2~unJ, mouoly, ~:o 8dop~: tho p:'oc.l, ml:.~on cle~:l, gnatlng !,,Tm mo IJew Homo Nonl:h, Senuer¥ ~, D~:~ZGN&TI'*NG :ARUANY 18-27, 1093, &~ T]~ ~ MARTIN E:I)I~JI~,, N~EE-ADOPTED .Upon reading and preeenting the proclamation to 3ohnn¥ Cannon, Com~t~ione~ Samndere ~, ~on~ bF Co~ls~/o~r Vol~ ~ c~l~~~ly, to ~pt t~ procl~tlon desisting J~ Page 5 ~i~~ c~lK ~ly, t~t ~t ~ff mOL~IOW 93-6 - Pa~e 6 January 5, 1993 ~(129) I"J:]ia~,lUDeaT ~ FOR ,ZSC~L TEAR 1992 - APPROVED ..: Finance Director Yonkosky presented seven final Budget Amendments '' as a housecleaning measure to balance out Fiscal Year 1992. · .... ~:?/ ~mtom~ Yelps ~md, seconded by Commissioner Xorrts and !}~":'i' oa~Tle~n/mously, to approv~ the tnulget ~ntm to allo~ for the pz~per cloe~ out of the 1992 fiscal FOI~N&~D AND RELATED APPROPRIATIONN IN FUND 253 - APPrOVeD !..!/ Finance Director Yonkosky communicated this item deals with the Euclid and Lake/and Avenue Special Assessment debt service fund. He explained when the budget was prepared for that fund, only an estimate could be made of how many people would pre-pay during the interest- ~;i/:free period. He noted this budget amendment recognizes apgroxtmately ~ii.i $215,000 received during the Interest-free period, which will be used to pay down the note and reduce the interest. Comm/sstoner Constantine moved, ~econded by Co~lsmton~ Nor~tl .~n~ ~ie~ u~anlmousl¥, to approve the b~vi~t m~end~rnt reco~ntzlr~ i!',(~T £ozlmrd iz~ tel&ted appropriations in hnd 255. -RZSOT~t'/0~ 93-3 ]D[TE]ml]Ia P~"r~TZON PU-87-22(c) ]K)R 90 D&YS - ADOPTED; PZTI'TZOII~ TO ~ &BB]tEV/Jl'ED &PP~ZC&TION ]PORX~ STL/T IY) PE]t~OI~N SHORT ~VX~O~IITAL ASSESSMENT AND BRING THIS ITeM BACK AS A PUBLIC Joseph Bonness, Jr., Trustee of the Willow Run Land Trust and ~reaident of Highway Pavers, Inc., explained the original Provisional (PU) for the ~peratton of both a concrete plant and an asphalt :'i%ilplant will expire on January 26th. He requested the Board extend ~;PU-87-22(c), to coincide with expiration of the Excavation Permit in i0'rder to allow these existing plants to continue operating. He noted the'four asphalt plants his firm has operated tn Collier County Page ? : ' January 5, 1993 ,g the past 2~ years, the Willow Run quarry is by far the best ,::lite due to its location. He said the plant is located in ths middle :" of a 330-acre quarry, and the project consists of eight acres at its / center. Be distributed a handout to the Board. (Copy not provided to ii:the Clerk to the Board.) In response to Commissioner Saunders, Frank Brutt, Community ?~.;.D. evelopment Services Administrator, stated the PU approved in 1988 encompassed 80-acres, however, this discussion reduces the size to .~eight acres. :...Mr. Bonnsss continued, stating to date there have been no [!:!:;Complaints filed against the operation of either plant. He added it :. .:'~s his belief th~tt most of the public are not even aware that two ':: plants exist bec~tuse they are located away from the highways and neighbors. He mentioned the asphalt for contracts with both the City of Naples and Collier County is being produced at this site. He tndt- :i'll:cited expiration of this PU will result in increased costs to Collier County for asphalt materials and will also be a disaster to over 60 local families who depend upon these operations for emplo~aent. He ,provided the Board with a document which he stated was a list of the i:~.{'inamea and addresses of employees· (Copy not provided to the Clerk to ..ii:~the Board.) He further stated original approval of this PU required 21 stipulations, however, 10 have been completed. He requested that '~:one stipulation be eliminated with regard to working only during .daylight hours, because of the current practice of the County that certain projects be built at night. In answer to Commissioner Saundere, Mr Bonness ind~cated the · second stipulation he wishes addressed is the need for a full review 'ii'at this point in time. /. ~ .-". Mr,. B~utt explained in 1988, the Board of County Commissioners i/aced a condition on approval of this PU requiring a review of the activities within five years· He reported Staff did so on January 4th and found no problems wlth the project. Responding to Commissioner Saunders, County Attorney Cuyler agreed Pa~e 8 January 5, 1993 that Staff may be directed to do a short review of the project and ::[schedule this item as a public hearing for a future meeting, however, ~he[.time clock for expiration of the PU has not been stopped Just ~becaUse Mr. Bonnees has applied for an extension. He suggested, Father, that the Board adopt a resolution to extend the five-year period for a specific amount of time. ..: Co~tsslonem Volpe co.untested his concern that the public be ~,'~llo~d sufficient input before this project ts granted the extension ~ca~ one, and S~aff has ~nd~ca~ed ~hey have no ob~ec~ons. ~ c~tl~ tlmt Staff ~ 90 ~e to ft~ ~y objection. Mr, Bo~ese passed out additional information to the Board. (Copy no~ provided to the Clerk to the Board.) Mr. Brutt co~tcated a re,est from Transportation Services ,fA~ntstrator Arch/bald that ~mpact fees be re-calculated based on ,.~_1993 rather than ~988. · Co~ss~oner Volpe d~sagreed with the motion, reiterating his con- cern for ade~a~e public input, to which Co~lss~oners Saunders ~d ~:~/Malthus concurred. " c~lH 4/1 (~ltsstoner Norris o~sH), to ~opt Re.lytton 93-3 ~~ ~-8V-22(c) for 90 ~; ~ttttoner to file abbr~iat~ this tt~ to ~ br~ht ~ck ~ m ~bllc ~l~. Pa~e 9 Jack Lane, President of Wilderness Country Club, explained a major problem has developed over the past five or six years with the · drainage system concerning all five Ccuntr¥ Clubs from Golden Gate Parkway, north to Pine Ridge Road. He said basements as well as the golf courses have been flooding, due to the need to clear channels in · the Gordon River Extension Basin area. He noted Staff is in agreement that there is a drainage problem, however, states there are no funds ! ~;-,- ;~[~: ..available to alleviate the situation. He concluded with a request i~from all five Country Clubs for the Board's assistance. Commissioner Volpe inquired who owns the drainwa¥ needing clearing to alleviate the flooding situation? Mr. Lane advised the drainways are owned by the various Country Clubs. Commissioner Volpe asked if the County has an easement on the drainwa¥ that should be maintained? Robert Wiley, Water Management Engineering Project Manager, explained in the subject area, the County has an easement only for a ;- very short distance coming south of Pine Ridge Road, and the remainder ::: is in private ownership. He mentioned Staff has discussed this matter ~",.. ' ' with the Country Clubs, who are very willing to work with the County i~., to obtain those easements. He mentioned one of the problems ts the :.ii"' condition of the property, stating It ts so overgrown, a person cannot physically walk ~hrough it without extreme difficulty. He advised that clearing will have to be done In order to survey the property .lines to know where to put the easement. In answer to Commissioner Saunders, Mr. Wiley Indicated to his k~owledge, there is no legal responsibility of the property owners to maintain that drainway. He recommended that the Board direct Staff to work with the property owners to coordinate the efforts needed to · -~, i '~ Sanuary 5, 1993 Solve 'the prOblem. ': &gain responding to Commissioner Saunders, Mr. Wiley advised an ':: ./astArte of $50,000 has been suggested to clear the three-~arter mile : :: area wtth h~d labor. He mentioned the possibility of utilizing T~eteee fro~ the Sheriff's Orifice or da~ labor for the ~ork. ~erln~ Co~tsstoner Norris, ~r. ~tle~ Indicated he le ~a~are of ~y State f~dtng available for the removal of Brazil/an Pepper on ';., private land. f?-'.'. :.'. Mr. L~e Indicated the Co,try Clubs are agreeable to payln~ 40~ of~.the·costs for this project. ~,.~.-. ~pond~ tn tho [~.,' County Manager Dorrtll communicated a consultant has been ~elected land a contract negotiated for the overall project, however, the Board Of County Commissioners made a decision at the first budget hearing to defer this project for FY93. He said the money from this project, )~.- approximately $400,000, was put into the Water Management operating .:fund in order to lower property taxes. The following people spoke regarding this Issue: Paul Frank Fred Tarrant Mike Slayton ".{". Commissioner Volpe suggested the Board direct Staff to work with · ....' the property owners toward acquisition of the necessary drainage ease- i...:i manta in this area, presumably without the expenditure of any public funds. Responding to Commissioner Volpe, Mr. Wiley communicated in order Staff to do any improvements within the Basin, knowing County !~f~mde would be expended, Staff must first obtain the easements. He i"~!.~reiterated the easements cannot be drawn at this point tn time because ".of the severe overgrowth tn the area. Page January 5, 1993 .i~' ''. County Manager Dorrtll suggested there is a public benefit In ;u..'resurrecttng the entire Basin project, He said the Board has the "Option of authorizing Staff to go forward with that project, or a por- tion thereof, in advance of the next fiscal year, tn order to identify a potential drainage easement. He commented Staff can return with a budget amendment from the Water Management reserves tn order to do surveying, however, he shares the reluctance previously stated in .improving private property unless the owners provide the money which ~'Can be matched with prison labor from the Sheriff's Office, '?) Commissioner Norris concurred with Mr. Dorrill, stating a group of private property owners has neglected a portion of their land to the point it Is no longer functional, and they now want the County to expend funds to correct the situation. Coati.loner Volpe ~oved, to direct Staff to work with the pro- perry o~ne~m within the Gordon River Basin in acquiring mase~ente, by gift or dedication, that would be required am part of the ~F~tmm ~j.;...withtn fJ~e ~ordon River ~in. -Commissioner Norris asked what will obtaining the easements entail ..on the part of the County? County Manager Dorrill communicated the land surveyor normally has the responsibility to do any land clearing. He said the survey has been contemplated being paid for as part of the preliminary engt- 'nSering phase of the Gordon River Drainage Basin project, for which ~'~!'fi'the Board has yet to appropriate funding. Commissioner Saunders stated that issue will be reviewed by the Board of County Commissioners. ~mtto~ seconded by Co~ieetoner ~orrte, Comtsstoner Volpe stated since the property owners are willing to fund up to 40~ of the total cost of this project, he Is looking for them to incur some of the costs for the survey work to Identify those :;~':..", ~ O&ll fOZ' the ~aeetlon, the ~otlon carried ~l~oul~. 11:00 A.M. - Reconv~ned: 11:12 A.M. Page 12 Legal notice having been published in the Naples Daily News on ~/~ii i November 18, 1992 as evidenced by Affidavit of Publication filed with · ' the Clerk, public hearing was opened ~*,-' . Planner Milk explained the petitioner ts requesting a rezone from "A" to PUD for property to be known as the White Lake Industrial Park. described the project's location and surrounding land uses. He )i'.'noted approximately one-half of the total acreage of 14¢.4 acres will .be dedicated to open space, conservation easements and a central lake, He reported the PUD proposes two industrial land use categories, :.. Groups 'A" and "B". Ne explained Group "A" uses are similar In tnten- ~:-~,: city to those permitted as a matter of right in the industrial land i~;;'J ~[use district of the Land Development Code (LDC). He referred to Group ; #B" uses as those similar in use and intensity to Conditional Uses of ~.i~ that same district of the LDC. He commented the PUD provides specific ,.!....development and locational criteria for each group. He reported Group .,i 'B" uses are permitted only in Tracts E, F and G, consisting of approximately one-half of the portion of the project to be developed. He noted the locational limitation was instituted in order to remove Group "B" uses to the greatest extent possible from their conti~uous -"*i.?(:'.'i" boundary with Cttygate. He mentioned on December 8, 1992, the pert- .' tioner requested a continuance until this date for the purpose of i[i/i~eeting with concerned citizens of the Golden Gate conununity and to /'~":?.. ~..:re-analyze the industrial uses. He advised during the re-analysis of land uses, the petitioner deleted uses representative of the manufac- ture of industrial organic chemicals, detergents, paints, plastic materials, explosives, ammunition and arms, and wholesale distribution .of petrole..~m and petroleum products. He mentioned the CGPC has recom- iii/"i mended approval of this petition by a vote of ?/1, subject to the ~,i.'ir., January 5, 1993 '"deletion of Items 8.C.b. and 8.C.d, on page 7 of the November 2, 1992, Staff Report, aa well as Item 8.G.b. of the sams report. However he Staff is recom~ending that deletion of those items be recon- !sldared by the Board. ¥~.~,i Com~lsalon~r Saunders asked if the complaints of the concerned ~.i!;~ citizens have been addressed? ~:.~i[/[.?.',' Planner Milk replied the thrust of the complaint Is having an asphalt plant on the subject property and where it would be located. ('He said if there is to be an asphalt plant on the property, the pro- posed location of Tract E ts the best location from a neighborhood ..standpoint, because It ts the largest tract with access onto Access ..'~ Road #l to the south. . ?. Commissioner Matthews questioned why the CCPC requested the Items ~noted above be deleted? ~ Planner Milk explained a lengthy discussion took place regarding a possible unfairness to this applicant concerning the tnterconnection with the Cttygate project as well as a perceived unfairness with :,ii,:~/ragard to the timeliness of a Site Development Plan review. Commissioner Matthews communicated many concerns expressed to her deal with noise, vibration and odor. Planner Milk noted during the continuance of this item, the applt- :~[:iii:~Cant has applied certain performance standards which can be monitored policed through County Staff. Alan Re,olds with Wilson, Miller, Barton ~ Peek, Inc., repre- ~[~[~[:~% sent~ng...~_.., the petitioner, recapped the Intent behind /his project, [?:'detailing what he described as a high ~al~ty, state-of-the-art industrial park. He remarked the project has been designed to provide full flexibility along the north property line to Interconnect with the Cltygate development. Providing the Board with a handout, he compared the Development and Performance Standards of this project to other developments tn the area. He added the project will provide 885 ''.Jobs, with 91~ of those in the traditional Industrial category rather ithan requiring high technology expertise. He next explained what the Page 1 · Sanuary 5, ~993 -!~ratXon of an asphalt and concrete batchtng plant entails, stating i~thXs land uae does not refine or manufacture any petroleum product, and cannot be characterized ss incompatible to other industrisl uses in the ares. He commented the developer has met with the objectors to the project and has tried very hard to alleviate their concerns. He concluded by stating this PUD has been reviewed by the EAB and CCPC as Well aa Staff, and has been supported by all. In response to Commissioner Norris, Planner Milk advised if this project is approved, all Group "B" land uses listed in Section III of 'the PUD doctuaent will be permitted without further Board approval. -'./.~ Commissioner Constantine questioned how many of the 885 Jobs will the asphalt plant create? Mr. ReTnolds regorted the asphalt plant Itself will have four '....full-time employees and will have the support personnel engaged in paving roads. Responding to Commissioner Constantine, Dennis Rosa, Vice :-v President of Operations for Harper Brothers, explained current ~..~' ' employees will be utilized. Answering Couissloner Constantine, Tony Creech with the peti- ~._,,' . tioner, explained the composition of liquid asphalt and that in transport, it is in its liquid form at 300' !.' ~'..;' Commissioner Volpe Inquired if the industrial land use study recently undertaken by Staff confirms the need for additional Industrial land use categories in Collier County? Bob Blanchard Growth Management Director, responded in the nega- tive. He said the study shows, given the acreage inventory, that Collier County has plenty of industrially zoned land. Hr. Reynolds remarked the subject property is considered part of :the inventory. Mr. Blanchard agreed, explaining all land zoned for Industrial use gnated in the Growth Management Plan for industrial use is '~tncluded tn the study. In response to Commissioner Constantine, Mr. Reynolds reported '%,. Page Y~i-;i?~' · Sanuary 5, i993 ,,., .... one-half of the inventory is in Immokalee. He said the other one-half is in the urban area. He noted the total County-wide acreage zoned ;!.~:' for Industrial use is 3,633 acres, of which 1,100 acres are currently ;i! ... developed. The following people spoke regarding this Item: Tom Henntng .:~ .,. Gary' Beyrent Jim Stewart ,,~. Responding to comments made by Mr. Beyrent, Transportation '.:Se'z-vices Administrator Archibald reported the current intersection on · :-'' C.R. 95! for the service road, which serves the landfill and proper- ties in Section 31, will ultimately serve this project. He com- municated Staff's concern involves the future aspects of the existing median opening if the interchange ts revised by the State. He said revisions to the Interchange will be necessary as the volume of traf- fAo.on 1-75 increases. Co~uatsstoner Matthews questioned if the service road will be able .to handle the increased traffic associated with the asphalt p/ant? ~¥ ' Transportation Services Administrator Archibald replied the ser- !/!iVtce road can handle the volume of traffic associated with this pro- :!'!:~' Jeer, however, Staff's concern is with the capacity of the intersection to handle the traffic generated from all the developments .-':.in the area. Co~tsstoner Volpe Indicated he would like the stipulations ~uggested for removal by the CCPC to remain in the PUD Document. Transportation Services Administrator Archibald recommended the following language be added to the PUD Document: "Should a capacity deficiency be determined to exist at the C.R. 951 and Access Road #l intersection, and should alternate access not exist through the ygate project as currently planned, the County reserves the right to control the level of development within the White Lake PUD so as ~:not to create a service level deficiency on C.R. 951, on Access Road or at the intersection of these two roadways." Page 16 January 5, 1993 Comtsstoner Volpe Inquired how would the County address the challenge identified by Mr. Beyrent without that stipulation? Transportation Services Administrator Archibald remarked the County would probably have to address the situation through each tndt- vtdual develop~ent as they go through the Site Development Plan pro- cess. / 'iNt. Reynolds noted the petitioner does not object to the sttpula- ttons that were suggested for removal by the CCPC. The following people spoke regarding this item: George Keller Bruce Anderson Bill Vines sos ,Jlic~Joeed: 12:47 P.M. ~ Reconvened: 2:05 P.M. it which time I~lm~yOle~k Hell,an replaced Deputy Clark Ouevtn see Mr. Reynolds addressed various concerns that have been raised. He cited that the noise level of the asphalt plant would be comparable to those of light Industrial uses. With regard to visual impacts, he explained that Tract E ts approximately 1,500 feet away from Landfill Road; there is 50' of existing vegetative buffer; 60' wide road ~ ~.i," right-of-way that t8 used predominantly by the Landfill; 20* landscape ¥"):;~ buffer; 800' of Intervening buildings with an additional 60* landscape f{:!~''' ' bufferl and 50' wide x 8' high berm with landscaping material with an ~..80~ opacity. Responding to the concern of whether an additional asphalt p/ant is needed, Mr. Reynolds reported that $3.3 million per year is spent on asphalt In Collier County. He Indicated that there are presently two vendors having asphalt plants in Collier County and there would be :,:.!,a definite benefit by the additional competition. i:,:-!ii~ Mr. Reynolds related that there ts adequate capacity at the inter- . ;lil,/isection of Landfill Road and C.R. 951 as long as remedial action is ,"'taken. !L.~- ' Mr. Reynolds affirmed that City Gate has intensive highway commer- uses that are not permitted on the project site since It will have more traditional industrial uses. With regard to outside storage, ~r. Reynolds advised that the PUD Page 17 ~: . 3anuary 5, 1993 I~,%~' :"~' · '~' ];:)z'ov,J. des that the outside storage of materials or merchandise xtruet be ':':"' l~reaned. Mr. Reynolte called attention to the arttcle In the Naples Dally ' .~;~. News pertaining to pollution and noted that the source of that infer- .:marion did not come from the Southwest Florida Regional Planning Council's Air Quality Study. In answer to Commissioner Constantine, Mr. Reynolds Indicated that !l" ;? .he does not believe that asphalt plants have any greater impacts than ~any other Industrial use. Comltssloner Volpe presented a letter of objection from Wallace L. Lewis, Jr., property owner of the 300~ acres immediately to the east and adjacent to the subject property. Mr. Reynolds advised that if the Board feels there ts Insufficient ~..tnformatton because of the nature of the asphalt plant, he would not i~!':obJect to the outside manufacturing type uses as conditional uses. There were no other speakers. O~lllillt~=~lrF NO~"la I~wl~, Ilcon~ ~ C~lseioneF Con. tactine ~ ~s-~Le~ v~nt~ously, to close the public he.ring. C~lsm~o~er Norris ~ov~, aecon~ by Co~iaetoner Plmtthe~s and c~zTl~ ~nt~ousl¥0 to approvw Petition PUD-92-8 with Oroup & Ueee only, e~b~ect to staff's stipulations, and that the performance etan- Community Development Services Administrator Brutt advised that this Item was heard before the Commission last year relative to a ::~'..:request for consideration that rather than the Impact fees being paid the time the building permit ts issued that they be collected at the time the Certificate of Occupancy (C.O.) ts Issued. Mr. Brutt revealed that staff has completed a thorough analysis ...... with regard to this request, and noted that some of the Information Page 18 January 5, 1993 that was presented previously Identified the benefits to the construc- ion industry. He stated that various alternatives have been 'reviewed, however, staff remains convinced that the impact fee method that is being used at the present time which is established by the Growth Management Plan, Adequate Pub/Ac Facilities Ordinance, as i~ amended, and Land Development Regulations are the most effective pro- cedures for the County. He reported that these regulations require that concurrency be established prior to the Issuance of the building .permit and this is significant since the County makes commitments and allocates capacity of the existing and planned facilities to the deve- lopment community and if those fees are not collected simultaneously 'with the issuance of the Certificate of Adequate Public Facility, the "pexmittee has no financial commitment to the development of the infrastructure. Mr. Brutt explained that this Item ia the result of a request that was made approximately six weeks ago by a representative of Butler '. ' Engineering made a presentation to the Commission and asked for con- ' aideration of the change. ii, i' · Mr. Brutt indicated that the lack of a commitment can cause '!adverse situations in several ways. lie noted that a person may ,reserve capacity of a facility for as little as $35-$50 and in that '. event, the delayed payment and acknowledgment of reservation of capa- i, city ~ay prevent someone else that ts active tn the construction and i] desires to move the project ahead in getting the C.C. In addition, he reaarked if the builder goes bankrupt, the county is placed in the i,;!:(, position of an unsecured creditor for the unpaid impact fees until the p~'oJect ts finished or it comes out of bankruptcy or whatever legal :'.'action is taken. Mr. Brutt stated that staff believes that the delay in paying Impact fees encourages speculation, specifically If the individual not have to put up the money. He advised that staff believes ....']"-.that the county should maintain its present process of collecting 'impact fees. Page I9 January 5, ~993 Mr. Brutt pointed out that information received from Finance Director Yonkosk¥, based on Fiscal Year 1992 Impact fee collections of ::~. $15.? million indicates if the fees were collected at C.O. rather than ~i'at the time of building permits at a 6.5~ interest earnings, the would be deprived of $250,000 in every six month period. Mr. Brutt called attention to the survey of 11 counties conducted i" by Butler Engineering. He reported that the larger counties, i.e. Broward, requires the payment of impact fees at the time of plat approval. He related that Sarasota County collects fire, sewer and ,water impact fees at the time of permit issuance and Pine/las County il):0nlY defers transportation impact fees. Mr. Brutt advised that staff is recommending that the present .method of collecting impact fees be retained, however, if the Commission As looking for an alternative, it is suggested that at the very least that there be receipt from an irrevocable letter of credit ~j~!i:.':issued by a financial institution of known stability. The following persons spoke with regard to this itera. ,'..( Bill Hoover w/survey , i:- .'George- Keller ilj Whit Ward County Manager Dorrtll remarked that this problem has very little do with the County Commission and a great deal to do with the institutions. He noted that it appears that the Initial bur- den should be on the building industry to go to the bankers and advise ~f'~ .": that six years ago the percentage of the total cost of a house in .?~-~,:, · terms of impact fees was 2X and the County Commission has now raised ~.-that to where out-of-pocket costs are 7~ of the project. Growth Management Director Lttsinger explained that the county Is required under the statutes to make a determination and commitment on public facilities prior to certain events, specifically, SDP, final plat or building permit, whichever comes first. He pointed out if the ..Commission has made a commitment in terms of Infrastructure which has specific cost but does not receive the financial input in return, Page 20 January 5, 1993 ere WOUld be a land rush on certificates in order to reserve cape- ,, ' He advised that an applicant willing to pay impact fees upfront would not be able to receive a certificate and proceed, since the available capacity would have been used up. Norris ~oved, seconded by Cow-iseioner Constantine ' ~d c~t~ledumml~ou~ly, to continue the present policy of collecting '.:,~l~Ot-~ at th~ tt~ of issuing lmlld~n~ per~tte. ]~Z~T~O~. t$-4, FETZTZON P~-90-14, NENO J. BPAGNA OF FLORIDA URBAN I~rBTTIqFFB, I!~., ~ EXT~ZON OF CONDITZOIAL USZ "6" OF TH~ "&" DZ~I~ICTFO~ I~W ~01~ MINISTRZZS CHURCH Community Development Services Administrator Brutt advised that this item ts a request for an extension of Conditional Use "6" of the ?;i "A" District for a church and church related facilities. He related i~ii!that the church Is located on the northeast corner of Santa Barbara ':::[:and Davis Boulevard. He noted that the first extension ~as received December 10, 199! at which time the church was considering selling the property on the south side of Davis Boulevard. · Mr. Brutt remarked that the site development plan was submitted to ~: · ~! ~- ~.' :i)~}:staff and preliminary approval was granted on February 27, 1992. He stated that final SDP approval may not be granted by the County ~"Without the Florida Department of Transportation providing approval '"With regard to ingress and egress and it is uncertain as to whether :',..,,~ · that approval w~ll be obtained in a timely manner relative to the drop-dead data of the provisional use. ~?,~:..i' Mr. Brutt stated that staff ts recommending approval of a one year 'extena!on. ::~,.'.~" .' c~t'~ted ~nt~ousl¥, to approv~ the extension of Petition PU-90-14, fo~ ~ T~U~, ~d that Resolution 93"4 be adopted. Page 21 January 5, 1993 J]'":."*&~D~T~T~TR&IN/NG & ~DUCATZON C~]FT~RFORTR~ RA~DZCJLPP~DA~D '.'. T~ ~C~ TO ~ LOCAL FURD~ TO ~UPPORT TH~ TIUM~PORTATZON DZ~MN~JIT&I~D (TD) PROG~J~ IN COLLIER COURTY - &PPROV~D Transportation Planner Perry explained that this item is a request for approval to authorize the Chairman to execute an agreement with . the Training & Education Center for the Handicapped. He indicated ~.;. :that the agreement provides for the County to contribute local funds !"i?': to the Transportation Disadvantaged Program. Mr. Perry announced that this is the continuation of a program il.i';[:'-that started two years ago, noting that it originally started as a local matching program where the State provided a certain amount of :. state grants and the local government was to provide a 20~ local i:,~.~i/'[match. He recalled that last year there was a fare box revenue that .,.was credited toward the County's local match, however, this year pro- './?['visions of the ordinance have been changed which reduces the amount of "the local match required. He revealed that the local match is now covered by the fare box collections. :.;:..'i: Mr. Perry reported that a glitch tn the formula for which the .state calculates the county"s grants has reduced the portion of the ,'trust fund grant and the county's contribution is necessary to make up ? the difference during this period of time. .,~.;. i;? Mr. Perry reported that during the past two years, the county has ~;..'' taken credit for the fare box revenues and there has been a carry-over that has accrued and that has been budgeted for this year to cover what is anticipated to be a one-t/me short fall. Mr. Perry requested approval of the contract covering the period October l, 1992 through June 30, 1993. ,.:.,. · C~mmt~mt~ Volpe moved, ~conded by Commissioner No~tm and · c~rr~e~m~tmml¥, to authorize the Chairman to execute the w/th T~C~ to provide funds for the Transportation .o, 000,- 48 Page 22 January 5, 1993 AM&RD& CONTRACT TO APAC-FLORIDA, INC. FOR WKSTCLOX ~m0XaLSZ PmtSV&Ff TO B~D ~0. 92-~800 - corr~nvXD To Transportation Services Administrator Arch/bald stated that this item involves a recommendation to award a construction contract for the Westclox Road project in Immokalee. He recalled that the bid was held on July 15, 1992, with Apac-Florida being the low ;.::;,~ Mr. Arch/bald explained that the two road segments are critical in ~i!. tying into a fast growing residential area in Immokalee, in addition to providing relief for a roadway (Lake Trafford Road) that has a '~:capacity problem. Mr. Archibald advised that APAC has provided a letter, allowing ;' ~hetr prices to hold for a period of 180 days. i:~:i . ' Mr. Archibald indicated one problem to be overcome is the right- :,';.of-way for the Carson Road element which was to be donated by a deve- ..!! "loper,. however, that developer has chosen not to provide that donation to the County itt this time. He related that there is severance damage !'.::'i,'sxposure for the County to consider condemnation action and staff has :)!'ii'deleted the Carson Road portion of the project from the contract. ~,;'" Mr. Archibald revealed that there is a scrub Jay habitat problem ';~'which needs to be resolved and staff is recommending thut the , Commission adopt a resolution, committing to satisfy a requirement of ~he Florida Game and Fresh Water Fish Commission providing for the i. :~ purchase of 6.23 acres of land to offset the impacts to the scrub Jay ]:/.'habitat. Mr. Archibald advised that staff is setting aside $75,000 to nego- tiate the purchase of land to meet that criteria and bring back any ~purchaee proposal for the Commission's consideration. ,~ ..... Mr. Archibald announced that staff is recommending that the reso- be considered as a step in resolving the issue to allow the Page 23 January 5, 1993 construction to proceed. Mr. Archibald Indicated that an agreement needs to be resolved i:;[between the Immokalee Water/Sewer District and the County. He ..!~Uggeated if an agreement can be final/zed that both the construction of the road and the utility work be done. He noted if the contract cannot be finalized, that authorization be given to proceed with the road construction work. He indicated that the utility has been bid out separately. Mr. Archibald stated that staff ts recommending that a contact be awarded contingent upon Carson Road being excluded, and the resolution 02 the utilities and the scrub Jay habitat which would allow the Westclox port/on of the contract to proceed. He related that this portion of the contract would be $395,578.14. Commissioner Volpe suggested that action on this item be delayed i: until staff has addressed the priorities of the road program. ~ "- ~t~atth~m~ ~oved, ~econdedbFCmtsatonsr Volpe ~nd Carried u~h~msly, that this ite~ be continued and brought beck to ~;~'. '. ~TIOl! TO AFFROVE STAFF'S SHORT LIST AND PRIORITIZED RANKING OF ~ALIFIED r~t~D~CAPE ARCHITECTURE CONSULTANTS RE I~EALE~ ROAD FOUR-LANIN~ I~OV~ BETNEEN U.S. 41 ~d 1-75 - STAFF TO PROCEED ~ITH PRELIMINARY DESIGN FOR I~OKALKK ROAD M~DIAN BEAUTIFICATION Transportation Services Adm~nistrator Archibald stated that staff has gone through the RFP process with regard to RFP-92-~977 for the !~?l~lrposes of getting a landscape architect on board to provide a landscape design for Immoka~ee Road between U.S. 4! and 1-75. He indicated that that corridor ~s considered to be a signature roadway. Mr. Archibald revealed that the Executive Summary depicts the fac- ~'~' t°rs considered and the Selection Committee's results. He announced that the top three firms are prioritized as follows: Smallwood & ASsociates, Wilson, Miller, Barton & Peek, Inc. and Design Studio West. He remarked that a budget of approximately $50,000 has been Page 24 ,,, January 5, 1993 <.established for the design work which Includes electrical, Irrigation ,~iand all landscaping from 1-75 to U.S. 41. ~. ,'i In response to Commissioner Norris, Mr. Archibald reported that the. county does not have a landscape architect on staff. Mr. Archibald indicated that the landscape architect not only will be providing the design, dealing with the types of p/ants, colors and growth factor, but also some of the maintenance factors. He noted 'il.that the ataintenance factors of the medians can become a very tmpor- tent factor and save the county the cost of the design tn less than two years by having the right plante in the correct location. County Manager Dorrill explained that staff could do the basic [i. design to include the actual irrigation system as & separate design. Commissioner Saunders read into the record a note from Mr. Jim McMurphy, supporting staff*s proposal to prepare the medians on Immokalee Road. .,; '. - ~ar~ls4 ~t~o~sl¥, that staff be dlr~tg to pr~ with t~ prell- TO ACC~PT D0~ BID PRXC~ PER BID B2-1gSl T~ ~ ~~ ~R ~ ~K OF AV~ A~ATI0~ ~~ ~ - ~ ~ 1/10/03 Transportation Services Administrator Archibald announced that the i'~, ':.backbone of the Marco Island Airport ts Its fueling operation, noting i:/that the fueling truck is quite old and provides service rot avgas and et fuel. .. Mr. Archibald advised that four bids were ..*ecelved on October 30, 1992. He indicated that the proposals were to submit bids for an ~Utright purchase or for a /ease-purchase arrangement over a period of .five years. '].i- ~ Mr. Archibald stated that staff ts presenting this Item for the ?"!'!?~i' ' ': Page 25 :.~' , ,, January 5, 1993 'to consider the outright purchase or the outright lease-purchase · .based upon the low bid or the best financial arrangement for the County. He revealed that staff is recommending the outright purchase. Hr. Archibald explained that the airport revenues'at this time of ,far exceed the expenditures and overall, during a 12 month run, net is anticipated to be $40,000+. Commissioner Constantine suggested that a third item to be con- ,.-, sidered is that of a vendor providing a truck at no cost, simply the County has contracted to purchase fuel from them over a period of time. M~. Archibald divulged that the three vendors for aviation fuel ~are: Phillips, BP and Chevron. He indicated that the County buys ~/from Chevron because of the purchase price, and noted if the fuel was ~.bOUght from Phillips or BP there would be the opportunity to work out ., ,:'i an· .. ,agTee~ent for them to provide a fuel truck, however, the county J~. ' would pay for this at the wrong side of the financial picture. He ~.!>.'reported that their fuel prices are higher. ~.: .. Com~issioner Constantine suggested that' Mr. Archibald review this ~:~i,,, option further ~nd look at the costs. Mr. Archibald stated that staff can put the numbers together, con- tact Phillips and BP and report back to the Commission. Co~ts~lo~er Volpe ~ved, seconded by C~isst~rner Constantine and ~sly, to continue this tte~ for two mk~ ~ staff to the third ~ti~; staff to pr~de ~ u~te on the ~ttat~ w~th r~d to the ~c~ of the ~co ~ 4:10 P.M. - ~~ 4:23 P.M. ese Environmental Services Administrator Lorenz advised that staff ts ,,/requesttn~ direction to proceed with Phase II of the Stormwater ~.:~ ., ~OOK ?~[ Page 26 January 5, 1993 '~i' Utility development and implementation. Referring to the Executive Summary, Mr. Lorenz explained where ~:t',.the County ia to date and the specific issues relating to the various tn Collier County. Mr. Lorenz called attention to a map, depicting the segments in Collier County that are inadequate under current conditions, noting that of the 1,022 structures 37~ are inadequate. Mr. Lorenz related that the Master Plan identified 253 remedial pro~ecta that would need to be undertaken in order for the County to have a system that would be acceptable with regard to stormwater mana- gement. Mr. Lorenz recalled that on March 19, 1991, the Board adopted a 'Stormwater Utility Ordinance which created the utility as a legal entity, allowed for the establishment of the utility fund, and pro- vided provisions for setting rates at a later date by resolution. Mr. Lorenz stated that a typical residential unit would pay $16-$24 per year. .~:~ Mr. Lorenz revealed that the Federal Government does not require the County to adopt a stormwater utility to actually do the Improve- ments, but a dedicated funding source is required. Mr. Lorenz e~31atned that the concept of funding stormwater uti- lity programs, using ad valorem taxes as a basis, can be argued not as eqllitable as charging people based upon the amount of run-off they contribute. He revealed that the major policy Issue is the question as to why the funding should be changed from ad valorem to a storm- water utility. He reported that the stormwater utility is based upon benefit unit concept and pro-rating the costs. Mr. Lorenz affirmed that discussions have been held with the Big :'Cypress Basin Board with regard to transferring to them some of the ~aJor canal systems maintenance. ...... · ~,Water Management Director Boldt stated that the Board has pre- y approved the amount of $324,000 for doing Phase II of the rate 59 .... Page 27 January 5, 1993 . He suggested that the expertise of In-house staff be used in ~t:hAs regard in lieu of utilizing outside consultants, with only an overview by outside legal and financial consultants to ensure that the county ie within the framework of the initial methodology that was set up. He noted that by not implementing this program until the Fall of 1994, a savings of $126,000 can be recognized The following persons spoke with regard to this item: :..~' Fred Tarrant Ron Hame! :..Russell Prtddy ~i:George Xeller '!.NAke's~ayton ?.j:Gle~n.stmpeon !~,.!~.. . "".)..Assistant County Attorney Weigel advised that Tax Co/lector Guy ~:~..... Carlton indicated that it would be very expensive to improve the soft- ~'-i" ware ~stem for this program, and that it would take from 1-2 years to i~lement sue. Commissioner Norris noted that the operation and maintenance is 'anticipated to be $1.9 million per year which would take .10 mill of ad valorem taxes County-wide. He suggested that the older areas of the County, i.e. Naples Park and various mobile home parks ~hould be done on a neighborhood taxing unit b~-is and separate the capital pro- !'::Jects from the operations and mainte .ance. He indicated that the Big Cypress Basin Board should be encouraged to become more involved with the. County. Commissioner Matthews concurred with Commissioner Norris' com- mente0 and cite(! that she is not in favor of the stormwater utility. She noted that mhe does not understand how this program would benefit the County, as a whole. Norris ~ov~d, ~econded bF Co--leaioner ~ld~lzT~ld~ti~l¥, that staff APPOINTING WARREN T~RP~LL UPSON AND KAT~ P~XLLIPS TO THE CI~ZZEINA~$ONYTASEFORCE FOR TH~ SMALL CITIES COll~IXTY "? '~ January .%, :1993 ~ Ad~lnistra-tive Assistant to the Board Fi/son stated that this item !.,~ ~,s a request to appoint two members to the Citizens Advisory Task Force for the .~mall Cities Community Development Block Grant Program. Mrs. Filsoll announced that a press release was Issued and resumes were received from three applicants. She revealed that staff is r'econendlng the appointment of Warren Terrell Upson, representing the i~'~ a~nority category, and Kate Phillips representing the comntt¥ at large category. c~l~ted~cm~ly, that Resolution 93-5 be adopted, &ppotnting ~ Te~Tel~ Upeon ~nd Kate Ph~llipm to the Citizens Advisory Taak Force fo~ t~e 8,~l! Cit~ea Co~mn~t7 Develol~ent Block Grant PTogr~. Page 29 18~0) January 5, 1993 Admtnistr~ltlve Assistant to the Board Ftlson explained that the · purpose of this item is a request to reappoint one member to a two i?~year term, appoint one member to a two year term and appoint one :.i'/jReaber to fulfil! the remainder of a vacant term on the 0chopee Fire ~. Control District Advtsor~ Committee. ~mmtsmlono~ Volpe moved, seconded by Commissioner Matthews and ~td-~eds~msly, to r~-appotnt #illin Pennsll, appoint ~,,'~/.:;~,,Ttf~ ~ ~ ~ to t~ Oc~ Ft~ C~trol District Page 30 .,4 ~ ~ ~ CO~BI/$~I:OIggl~~ January 5, 1993 ~ Comlastoner Volpe revealed that a communication was received from th® Greater Nap.les Ctvtc Association with regard to a request for the ~establAshment of an advisor~ board aa 'At relates to the cable ~.:~ . Co~/ss/oner Sanders re~ested that Co~t~ Attorney Cuyler for- .Ward a mens with respect to the status of the law in this regard. ~ ~1~ 4/0 (C~issl~er Vol~ ~t), t~t the foll~ing It~ ~U1 .,:'/3IIE~Iq~I~B ~P_JLIEI~BYLETTKR OF CI~DXT ACCEPTED AS SKC~RXTY B:I:CAVATZOJl IJ~:I~I/T )10. 59.459 "NAPLES NATZOIAL GOLF CLUB" See Pages PLAT OF "PORT OF TH~ XSLAW~ (Till GAYS) PHASE ~.L'Z~KTLATZOJlB AS LZSTID T)I ~ KX~CUTI~I ~ Page 31 January 5, 1993 : ...... FT91/9~ T/JLR ~1~) REPORT ON TH~ CERTIFICATES OF PUBLIC FACILITY ~... '~~ ~ OF ~ COLLT~R CO~ CO~CURI~C~ I~LI~~ ~ ~J~31T~NOS. I AND 2 ~THAPAC-~LORIIIA, IRC., FOR CON~FI~'TZO~ I~R~/~M~]IT~ TO AZRPORT-FULLING RO&D {COUNTY PRO3~CT NO. 66033) - ZNT]~ R~VZSND TOTAL CORTR&CT J~IOU]IT OF $1,511,069.?0 ~I~M~ SiX (FIN&L) TO TR~ CONSTRUCTION CO~fI~kCT M/TH D. FOR TH~ SOUTH COURTY I~GION&L ~&ST~T~tT~R ~F~LU~NT FAC/~/T~ - IN TH~ DE~D J~OURT OF $39,646.42 SEE PAGES 115 - 117 P~ge 32 January 5, 1993 ~ BRTWKK~ COLLZKR COUIITY, A POLITICAL S,'UBDZVZSZOJf OF lYF FLOR/Ih&, ~ COLLZ~R ~ItLT~ Sl3~CES, ZNC., FOR T]~ ~TI~ZZ&T/0~ OF A COU~fY~ ~fRUCTUR~ JtND P~0P~TY L~CAT~D ?j'?'il -: BZDS I:BCl/VID UNDKR BID 92-1923, REGARDING I MAZNTKNAWCE CONTRACT ~ ' I~k~FA ~T(~D&, M.D., R~CO~B~NDgD FOR &PPOZ~ TO SKRV~ Jt~ TH~ DT~TR/~T M~DZC&L ~~ FOR DIS~ZCT 20 '::' /01 .. See Page=:; T~ &FFROVAL OF PO~fA~ ~Xl~NDZ~ ZZI~'UR]t~D DURZ~ 'T~ ~ ~ SOLZD WASTI ZNFtYl~TZO~ - 99,519.01 FOR I~TJU~ See P.~ef / ~ ~ IIZ~ C:ORRESPOJlDKNCE - FILED AWD/OR REYKRRED The following mJscellaneoue correspondence was f/led and or referred as presented by the Board of County Conuntsstoners: G9 Page 33 /1992-82 1992 TANGZBLI PER~0NAL PROPERTY Date 12/21/92-12/23/92 ~Jt~AC~O~ OF r-Z~l' POR S~VIC~S OF ~1~ PUBLZC D~I~NDER See Page ~, /~) ~.~ There being no further business for the Good of the County, the :')i"meettng was adjourned by Order of the Chair - Time: 5:35 P.N, BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN ~.ae ]~ :es approved by the Board on J or as corrected Page 34