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BCC Minutes 09/01/1992 R Naples, Florida, September 1, 1992 LET IT BE REMEMBERED, that the Board of County Commissioners tn and for the County of Collier, and also acting as the Board of Zoning Appeals and aa the governing board(s) of such special districts as have been created according to /aw and having conducted business herein, met on this date at 9:00 A.M. In RE(tULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the fo/lowing members present: CHAIRMAN VICE-CHAIRMAN Michael J. Volpe Richard S. Shanahan Burr L. Saunders Max A. Hasse, Jr. Patrtcta A. Goodntght ALSO PRESENT: James C. Gl/es, Clerk; John Yonkosky, Finance Director; Annette Guevin and Kathy Meyers, Deputy Clerks; Netl Dorrill, County Manager; Jennifer Edwards, Assistant to the County Manager; Ken Cuyler, County Attorney; David Wetgel, Dennis Cronin and Richard Yovanovtch, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; William Lorenz, Environmental Services Administrator; Tom Olliff, Public Services Administrator; Fred Bloetscher, Assistant Utilities Administrator; Sandra Taylor, Real Property Director; Tom Conrecode, Capital Projects Management Director; John Mada~ewskt, Pro~ect Review Services Manager; Bob Fahey, Solid Waste Director; Greg Mthalik, Affordable Housing Director; Russell Shreeve, RUI Director; Fran Stallings, Natural Resources Director; Jeff Perry, MPC Coordinator; Russ Muller, Transportation Pro~ect Management Engineer; David Weeks, Planner; Sue Ftlson, Administrative Assistant to the Board; Deputy Byron Tomlinson and Bailiff Tom Amey, Sheriff's Office. Page ..(~70) September 1, 1992 Co~lllloner Sb~uahan noved, leconded ~ Co~nloolonir Huee and cirr~edun~ntloul/¥, that the &gend~ tm approved w/th the changes II deti~ld on the Agend~ Chlnge Sheet. 09 Page 2 1992 Zte~#3J CONSENT AGENDA - APPROVED AND/OR ADOPTED T]~ motion for approval of the Content Agenda 10 noted under ItaR (183) Xtra4 MIIUT~ OF THE KEGUL~R MEETINGS OF AUGUST 11 AND AUGUST 18, 1992. AND SPECIAL MEETING OF AUGUST 19, 1992 - APPROV~D Comt/aa/oner Shanahan moved, eeconded t~ Com~/eoloner Huae and carrAed unanimously, to a~r~e the M/nurse of the Re~/~ bt/ngo of A~t 21 ~ &u~t 18, 1992, ~d the S~c/al ~ettng of Aunt 19, 1992, (232) Lewis Schulz, Veteran Service8 Director, updated the Board on the hurricane relief efforts being undertaken tn Collier County for the victims of Hurricane Andrew in Dads County. He commended the citizens of Collier County as well as the Sherlffts Department for their efforts. (4?5) JAN ~EIINETT, FU~LIC SEN~ICES DIVISION, RECOGNIZED AS EMPLOFE~ OF THZMOFt'N FOR BgPTEMBER, 1992 Commissioner Volpe congratulated Jan Bennett, Public Services Division, on being selected "Employee of the Month" for September, and presented her with a plaque tn recognition, as well as a $50 cash award. (~4e) BI~)GET J~NDME)IT~ 92-413/92-419; 92-421/92-422; 92-424/92-426; 92-429= 92-431/92-438; 92-441/92-442; 92-444 AND 92-446 - ADOPTED Comm/aeton~r Hume moved, seconded 1~ Conissioner Sl~han and carr/e~lunamimcm~ly, to adopt Budget Mndlentl 92-413/92-419; Page 3 September 1, 1992 92-421/92-422; 92-424/92-426; 92-42~; 92-431/92-438; 92-441/92-442; 92-444 ~ 92-446. Ftnance Director Yonkosky recalled that Budget Amendment 92-411 was continued from the meeting of August 18th due to a question of Commissioner Volpe. Fred Bloetscher, Assistant Utilities Administrator, explained Budget Amendment 92-411 ts an Item In the Water Departmentts Adminiatration Budget. He said they have been unable to replace a secretary who left at the beginning of the fiscal year, and have been utilizing several temporary people. (~46) ~ ~ F,~5OLITTZON$ 92-30 ~OOG~ 92-33 - ADO~'~ CO~llSsionar ~lsie iove~l, seconded by Contestoner Sbanahan and curled mmniml¥, to adopt Budge~ Alend~ent Resolutions 92-30 through s2-33. Page 4 September l, 1992 / ItaliA2 BUDG~T~ 92-411 - ADOPTED Co~ission~r S&unders ~oved, ,econded by Co--isaloner Shanahan and carriedun~ni~ousl¥, to adopt Budget A~end~ent 92-411. OF TR~ THIRD CAI~'~r_~TZON OF ARBITRAGE R~BATE DD~ TO TH~ ~ ~ S~R~ICE ON TR~ UISPENT PROCEEDS FROM TR~ $4,400,000 OBLIGATION ~ BONDS, SERIES 1990 - APPROV~D Finance Director Yonkosky requested permission from the Board to make a payment on the third calculation of arbitrage rebate due the Internal Revenue Service on the unspent proceeds from the $4,400,000 ;;']. Special Obligation Revenue Bonds, Series 1990. He explained these funds are associated with the parking lot on the Gargtulo property adjacent to the Government Complex. He said the first calculation rebate was approved by the Board in the amount of $550 and the second ,!].. was approved for $3,985. He concluded this request ts in the amount ',~" of $5,716 and Staff does not anticipate there wtll be any additional ~,)- rebate. . Commissioner Shanahan moved, seconded by Contsslonsr S&unders and c~led un~ni~ously, to approve p~y~en~ of the third calculation of :r: ~ uhitr~g~ rebate tn the a~ount of $5,716. lte~ ~i ~RUCE AI~YElqSON RE~ARDING SUBDIVISION CONSTRUCTION AND MAINTENANCE AGREemEnT FOR ROYAL PALM GOLF ESTATES, N/E/A, NAPLES SHORES - CONTI'~IIT~D TO SE~R 15, 1992 Attorney Bruce Anderson with Young, van Assenderp,. Varnadoe & Benton, P.A., Indicated his firm represents the Resolution Trust Corporation (RTC) which is a special agency of the federal government that has been set up to liquidate the assets of failed financial institutions. He said the RTC is the receiver for Horizon Savings Bank which holds a mortgage on 238 single family lots and two tracts of land which total approximately 24.5 acres fronting on S.S. 41 in a Page 5 September 1, 1992 developnent known as Naples Shores. He noted a golf course within the development is to be separately owned by another entity. He reported in June, 1991, the Board of County Commissioners approved a sub- division construction and maintenance agreement for that subdivision with the developer, Naples Shores. He said execution of the contract by the County was made contingent upon the Bankruptcy Court approving that developer's reorganization plan. He indicated that has never occurred, and it does not appear very likely that it will occur. He said the RTC is requesting the Board re-affirm its approval of the construction and maintenance agreement. In response to Commissioner Saunders, Project Review Services Manager John MadaJewski said re-affirming the previous agreement should be carefully looked at by the Board. Commissioner Volpe asked Attorney Anderson when approval ts expected from the Bankruptcy Court of Pine Coast Enterprises, Ltd.'e reorgantzat ton plan? Attorney Anderson replied that Is not expected to happen and the property will ultimately be sold. In answer to Commissioner Yelps, County Attorney Cuyler said the previous agreement ts no longer legally binding. He recommended the Board look at future proposals and require more security. Attorney Don Thomson with Young, van Assenderp, Varnadoe & Benton, P.A., clarified they are attempting, before the final sale at the bankruptcy hearing, to get an idea If the Board will be willing to consider re-affirming the agreement at some point in the future. Co~Liseloner Saunders moved, seconded by Commissioner Shanahan and carried unanimously, to continue this item to September 15th, to mllo~ tl~e for Staff and the petitioners to work out ter~s of an agreement. llsoo) lte~ ~ll I~It~SKNTATXON ON STAT~B OF PETITION SMP-90-13, SAN MARCO PARE - COIrI'XIII2~D TO ~l:v'l'~)l~glt 8, 1992 Mr. MadaJewski recalled In April, 1992, the Board directed Larry Basik and his attorney to work with the County regarding security September ~, 1992 doctuaents, which have not been produced. He stated the project is in bankruptcy and the documents the County sought to have executed will have no legal standing and will not set the County up to receive any of the ~onies owed by Hr. Baeik. He noted on August 18th, a certified letter was sent Mr. Basik advising him of this hearing, however, he haa not been heard from, nor ts he present. He requested Board direc- tion on whether to continue or take the action Initiated in October, 1991, which was to terminate the SMP and the site development plans. Referring to a letter attached to the Executive Summary from Attorney Douglas Snyder, representing Larry Basik, Commissioner Volpe commented Attorney Snyder has indicated there is enough equity in the pro,act for the County to collect the $4S,000 owed. Dennis Cronin, Assistant County Attorney, explained the fundamen- tal condition is whether the County wants to be in a non-recourse position and have only the property To rely upon for payment. At this point, he said, it ia the Board's decision whether to enter into a non-recourse type of agreement with no payments, leaving the County waiting for another two year period of time. Commissioner Saunders asked for a recommendation from Counsel. Mr. Cronin advised if the County terminates the project, there ts no likelihood of the monies owed being paid back. He said if the non-recourse mortgage is executed, then the County Is subject to the value of the property. County Attorney Cuyler suggested this Item be continued for one week tn order that Staff return with a definitive recommendation. Co~tmalone~ Saunders ~ov~, seconded by Commissioner Shanahan and carrled~n~ni~ou~ly, to continua thio item to Septeaber 8, 1992. see Co~Aaaloner Goo~night left the ~eettng at thio tiM. (isms} · UDG~T AME]gDI~NT INCREASING THE METROPOLITAN PLANNING O~GANXZATXON Frank Brutt, Community Development Services Administrator, pre- eented a request to increase the MPa Budget because new federal addt- Page 7 September 1, 1992 tiona! funding has provided the County with an Increase from 856,000 in planning money in the past year, to $226,000 available in the coming year. He said during discussion of the tentative budget, this request was presented and tentatively approved. He indicated the City of Naples will be contributing a local match for this position in the a~ount of $500, while the County's share will be $2,?46. He commented this position will greatly enhance the transportation planning activi- ties and the individual will be doing such things as the Build Out Study and other necessary parts of the MPO program. He concluded with Staff's recommendation to approve this increase In the MPO Budget. ~isston~r Sh~ ~oved, seconded by Comteatoner Hesse and c~"ried 4/0 (Cmamisaloner Goo~nlght out), to approve the Budget A~end~ent lncrsuing the MPO~s 1992-93 grant Pro~ru, ~ O~ ~l~~r- iLIZ)CATION OY ASS~SS)~I~S ;OR ~ [~[IC~XD AIID T~tq~JJ~ AVENU~ ~BU AND RECOtk~ENDATION OF B~ET ~ ~OV~ ~R P~ OF C~ COSTS - ST~ ~C~ATIONS ~0~D Transportation Services Administrator Archibald presented a report and recommendation on the final allocation of assessments for the Euclid and Lakeland Avenues MSBU. He said this is a follow-up and confirmation to action taken by the Board of County Commissioners on August 4th, tn finalizing the resolution and the assessment roll for the project. He briefed the Board on how Staff handled each platted subdivision within the subject section, and provided a summary of the final assessment. sss Co~lssioner ~dnt~ht returned to the meting at this tim..es Commissioner Volpe mentioned having accepted service of process this date on a lawsuit that was commenced In connection with this pro- Ject. He asked if Staff has had the opportunity to evaluate the Issue? Transportation Services Administrator Archibald stated he has not seen any written information on the basis of the suit, therefore, he cannot provide the Board with a recommendation. He noted it is his Page 8 September 1, 1992 understanding that the parcels subject to the suit are planning to gain their access to the Palm River development rather than to Euclid and Lake/and Avenues. He said although that may be their intent, ttntil such time aa they show that they do not have access to Lakeland and Euclid Avenues, Staff ts not in a position to recommend any change to the assessment roll aa previously approved. In response to Commissioner Saunders, Assistant County Attorney David Weigel stated this Item ts Informational to the Board, to acknowledge and confirm that Mr. Archibald has correctly interpreted the direction of the Board given on August 4th. He said this is not part of the public hearing process which ended on August 4th, rather ts lately of ass/stance to the public and the Board. The following people spoke regarding this Item: Douglas A. Wood Bill Trupiano Jack Pointer Ltnda Lawson Commissioner Saunders questioned whether the Board, tn making the final decision, treated platted properties differently than unplatted properties? Transportation Services Administrator Archibald responded tn the affirmative. He said part of the discussions Involved recognizing the significance of the expense incurred by the Improved properties out- side the original plat that had gone through the platting and develop- lent process. He indicated the Boardts direction was to give consideration to those developments that did occur and where proper- ties were unimproved and no platting or development had occurred, the same consideration was not to be given. C~Ltmmto~er Volpe ~oved, seconded by Commissioner Goodntght ~nd ~le~ani~onsl¥, to conflr~ that the actions taken accurately reflect the dtre=tton of the Board cf County Commissioners at the c~nclmmt~n of the public hearing on August 4th; and approving a budget ~t transferring $29,480.04 to the M~BU aa the Countyts shaa-e of the ~~ts. Page 9 September 1, 1992 see ]recessed: 10:35 A.H. - Reconvened: 10:50 A.H. e,, *$* Commissioner Goodntght did not retmm fro= the break. *** (x80) ~ECOIIII:ID&TIONTO GRANT AN P.I~EMENT TO SOUTHAMPTOR DEVELOPMENT CORPOIATIOI, & FLORZD& CORPORATIOR - APPROVED Sandra Taylor, Real Property Management Director, presented a recommendation to grant an easement to the Southampton Development Corporation for purposes of allowing the developer to utilize County- owned property as an expanded berm area. She noted the grant of ease- ment provides for a reverter clause should the property cease to be used for the specific purpose as stated in the easement document. She mentioned all closing costs will be paid by the developer. She concluded Staff is requesting that the Board of County Commissioners authorize the sale of the easement at $47,880, which is based on an in-house market analysis for the 50-foot strip of land, authorize the Chairman to execute the document and al/ow Staff to close the transac- tion. Ce~mm/~lo~, Smun~era move~, ~onded by Co,~lssioner Shmnahan and ClXTIId 4/0 (Cm/lstonlr Goodnlght out), to approve the gr~nt of In e~t t= S<mthampton Develolment Corporation, ~ub~ect to the con- dttt~ e~ ~ by Staff. Page 10 September l, 1992 see (k~ieelon~r Ooodnight returned to the meting at this tl~e. (2so) Zte~23B1 PETITI01[ CU-92-2, ~IG ~I~ ~q~STING CO~ITION~ USES 19 ~ 20 OF ~ mA= ~ DIS~I~ ~R S~RTS INS~U~ION~ S~LS ~ C~ S~ING ~ ~TION~ C~ ~R ~OP~ LOCA~D ON ~ NOR~ SIDE Legal notice having been published in the Naples Daily News on August 13, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Sam Saadeh presented Petition CU-92-2, explaining the petitioner proposes to obtain Conditional Uses 19 and 20 of the "A" Zoning District. He said the subject property is an addition to the existing Progressive Gymnastics facility located on the north side of Pine Ridge Road. He Indicated approval of this petition will allow the petitioner to build eight cabins, one counselor's residence and an owner's residence. Ne advised the owner proposes to expand the existing 2.8 acre facility by adding these proposed uses on the adja- cent three-acre site to the east to comply with the "A" Zoning District minimum standard for a five-acre lot area. He noted this petition ts consistent with the Future Land Use Element of the Growth Management Plan, all appropriate County agencies have recommended their approval sub~ect to the stipulations listed in the Agreement Sheet and Staff has not received any letters or phone calls against this proposal. He concluded on July 2nd the CCPC recommended approval by a vote of 7/1, and Staff's recommendation Is for approval of Petition CU-92-2 subject to all stipulations in the Agreement Sheet. In response to Comslssioner Volpe, Planner Saadeh reported the cabins will not have kitchen facilities or showers. Craig Smith explained the cabins will be used as sleeping quarters by g y l masts and coaches from all over the country who will be training in his facility. He said the owner's residence will be for his own use and will not be rented. A lengthy discussion ensued with regard to the number of guests to Page il September 1, 1992 be accommodated, the length of their stay at the facility, water and sewer issues and the catering of food. Commts~Io~4~ ~ee moved, secondad by Commissioner Volpe and c~rTled tu~mt~ousl¥, to continue this Itel to Septem~r 15, 1992, tn or~ ~t t~ ~tttt~r prairie tM ~ard ~tth ~ddltioul tnfor- sti~ ~iq t~ concs~ noted ~. (2480) ~ ~~TIONS aO~D Transportation Services Administrator Archibald updated the Board on the status of Staff efforts to do planning and design of an industrial park at the Immokalee Airport, and provided a recommen- dation on specific actions on processing the proposed development through the County Development Services Division. He reported the plans have had to be revised from a 300-acre Industrial development at the north end of the airport, to an approximate 3S-acre development at the southeast corner of the property. He indicated the development ts proposed to include 12 lots, ranging tn size from two acres to approximately 4.5 acres. He said Staff has completed preliminary design and environmental permitting at the federal and State levels, and is ready to pursue permitting at the County level. He mentioned part of the request this date is to ask the Board to consider a metho- dology of allo~ing Staff to make its submittals to Development Services and process the construction plans while delaying the per- sitting fees, recognizing that the project has both a public benefit and purpose. He said Staff Is also requesting to undertake the platting of the properties concurrent with site development work and to waive the security requirements. He added direction Is being requested for the Development Services Division to authorize the pro- ceasing and approval of the project from a PSP. He assured the Board that platting will ultimately be returned to the Board for execution and am part of the review process. He further requested Board appro- Page 12 September ~, ~992 va! for a letter to amend the existing federal grant to extend the · ~eframe. In response to CommJse/oner Volpe, Mr. Archibald indicated approximately 12 pages of back-up material regarding cost allocations and project schedules should have been attached to the Executive Summary. He agreed to provide Board members with copies. (Copy not provided to the Clerk to the Board.) Responding to Commissioner Volpe, Mr. Archibald advised the com- panies originally indicating interest in leasing the properties remain Interested. Co~mtssioner Volpe asked for a cost estimate of what is now being proposed? Mr. Archibald stated approximately $950,000 In design, permitting, infrastructure and water management costs are anticipated in conjunc- tion with this project. He advised that grant funds totaling $?00,000 will ~bsidize that cost. Answering Commissioner Shanahan, Mr. Archibald reported Staff anticipates /easing the sites by the third quarter of 1993. C4~/ltoner ~oodnlght ~ovsd, secondsdbyCom-lsstoner ~nd CeXTLedvnant~ousl¥, to approve Staff recommendations u noted Page 13 September 1, 1992 (2044) ~T'&O~ TO REVIEN& CONTROL SUI~FEY OF MILLE~ BOULEVARD ~TEIISZOI~r/~EE3~ U.S. 41 AND MILLE~ BOULEVARD IN TH~ GOLDEN GATE EflT&'L']ES - COrJrfIllUKDTO S~Klq 25, 2992 Transportation Services Administrator Archibald explained tn February, 1991, the Board directed Staff to undertake minimal Improve- ments to Miller Boulevard Extension for emergency services access. He said a control survey has now been completed which provides the background Information as to where the road embankment ts, and Staff ts attempting to obtain a waiver from the environmental permitting agencies tf the County confines Its work to filling of the existing Foad embankment. He concluded by asking the Board to recognize the control survey and the supporting data Indicating the roadway has been tn place for 20 years or more, and approve Staff to proceed with asking for a permit waiver from State and federal agencies to under- take minimal Improvements to the roadway for emergency vehicular accee~, The following people spoke regarding this item: Bill Branan Sidney Haddock (presented packet) Tape ~ Susan Davis Jaime A. Doubek Catherine Deem Virginia B. Corkran Chris Straton Commissioner Goodnlght suggested this Item be continued because the Fire Commissioners and Emergency Services people as well as the residents who requested this project are not tn attendance. She said in all fairness, those people should be notified of this discussion. COmLimioner Goodnlght ~oved, seconded by Coutestoner bsa, to cont~ this ltn to September 1S, 1992. Commissioner Saunders commented that he has become persuaded that the County should not be working on this roadway. ~ all for thm qumstton, the notion cmrrted unanimously. ess ~ st 12:30 P.N. - Reconvaned at 1:20 P.H. at which time Deputy Clerk Neyers replaced Deputy Clerk Guevin. Itm ~ID1 Page 14 September 1, 1992 ~TILZTIE~ BZLL P&YM~NT MODZFZC&TZON - ZNT~RZM POLZCY APPROFED Fred Bloetscher, Assistant Utilities Administrator, referred to the details of the Executive Sumnary regarding this Item. He explained that Staff is recommending that the Board set a policy to relax the restrictions for turning off water for nonpayment. Mr. Bloetscher summarized that Staff recommends the approval of the ~nter~m poll~ for the next ninety days to allow a 60 day pa~ent period for the ~stomer'e utility b~lls, rather than 30 days. ~l~ 4/0 (C~i~t~er Go~ight ~t), to a~r~e t~ tntert~ ~li~ f~ t~ n~ 90 ~ to ~11~ · 60 ~y ~nt ~rt~ for ~t~ utill~ bill~, rather t~ the 30 ~y ~rtod. (g2g) Mr. Bloetscher referred to the details of the Executive Summary regarding this item. He reported that water restrictions are no longer necessary on Marco Island. ~IM ~~lF, to lift the nter restrtctlo~ u r~~M ~ Staff, ~~ ~tln9 Re.olutt~ 92-461. (10~0) APTltO~ar. OF TH~ ~TIPULATED FINAL JUDG~ RELATIVE TO ~EM~lqT ]M~SIT"iON OF PARCEL NUMBER~ 3.4& AND 3.45 IN TH~ EAST A~D SOIFTH Mr. Bloetscher explained that previously there was a typographical error in the 'Considerations" portion of the Executive Summary, and noted that the correct amount is $28,450. Co~m/~loner Smunders moved, seconded by Coulaatoner Shmnahan ~nd c~zTle~m/mmJ~onsl¥, to approve the stipulated Final Sud~nt. (lloo) · TAFF AOTIK~.Z2:~D TO BEGIN DEtFELOPT~KNT OF ORDINANCES, LDC AMENIIMKIFfS &~DI~tO~,~ TO IMPLEMENT TH~ COASTAL ZONE MANAGEMENT PLAN Willies Lorenz, Environmental Services Administrator, explained that this item ts the result of the Board's approval of the Coastal Zone Management Plan. He referred to the details of the Executive S~I7 concerning this Item. Mr. Lorenz noted that as the ordinances and amendments are deve- loped, Staff will present technical memorandum which will detail the regulatton's purpose, Its cost, and other requirements. He added that any amendments to the Land Development Code will first have to be pre- sented to the Planning Commission and Then to the Board. Co~/ssloner Shm3mh~n ~oved, seconded by Contssloner Saundera ~nd cma-rted~n~nt~ously, to authorize Staff to begin development of Ordtn~noee, LDC Amendments and Programs to t~plement the Coastal Zone ~ags~t Plan. (130o) DISCOBSXOSI, OIP ORDIKA.qCK CODIFICATIOR ~tOJECT - STAJ'F AUTHORIZED TO B3rTII /llTOt~ JF~GOTI&TIOJP3 M/TH )rUNICIPAL CODE CORPORATION Assistant County Attorney Weigel referred to the details of the Executive Summary concerning this item. He explained that a code book for ordinances is needed for Collier County. Mr. Weigel summarized that Staff recommends the Board authorize Page 16 September 1, 1992 contract negotiations with ~untctpal Code Corporation. ~M ~~1~, to aut~r~ze Staff to ~ter Into c~tract ne~- t~ati~ ~th ~c~l C~ Co--ration to c~fy Collier C~W's 1~, ~ ~ ~i~c~. (1678) ~~ ~. 02°465 ~~XWO D~ M. ~KZ ~ ~ ~ ~ Sue Fileon0 Administrative Assistant, recognized that Diane M. Gonzalez was the only applicant that represents the field of history, and that Staff recommends her to fill the vacancy. Ms. Fllson explained that she has another opening on this coutt- tee and will add Charles $. Dauray to the other resumes she has received, at the request of Commissioner Volpe. Comm:tmmionmz* Shmnmhmn io~md, uconded by Commieelonmr Smundere and cer~lod ~Lunimousl¥, to appoint DIune M. Gonzalez to the ltsto~t~a//Archeeologtcml Preservation Board, thereby ~doptlng ReeolutteeJo. 92°465. . SOO~ P~ 17 September 1, 1992 xram#lOB KESOLUTZON IO. 92-466 REAPPOINTING I~NNETR RUTTER ARD APPOINTING IUZ~XGIiB~JI~HJ3ID 30HNBETZLERTO SI:RVE ON THE XMHOK&LEEAIRPORT Ms. Fllaon reported that Staff recommends the appointment of Raleigh Beach and John Betzler, and the reappointment of Kenneth Rutter. Commlsetone~ Smunderm ,ov~d, seconded by Commissioner Goodntght m~d ~mlTlodununlmo~asl¥, to reappoint Kenneth Ruttar and appoint P~letgh Beech mhd John Betzler to serve on the Imnokalee Airport &dvtsm~y Boe~d, thez~l~F adopting Resolution No. 92-466. Page 18 92-467 APIK)X~XNG ~~:XTIZ]I~ CC]I~MZSSZON - Ms. Ftlson referred to the details of the Executive Summary and reported that Stafff recommends that Ntchae! Holmes be appointed. Coem/mmton~r ~mnahanmoved, ~condedt~Commtaltoner Saundera ~ c~t~ ~tnly, to a~lnt Michel HolMo to oe~ ~ tb Aff~lo ~t~ C~lmolon, there~ adopting Reoo/utt~ No. 92-467. Page 19 1992 (2o~6) 92-468 R~tPI~OINTING ~&C[ THO~I~ON ~D ROBERT TO~LZ TO BOARD Ol BUILDING ~D~USTN~NTS ~D A~P~LS - RoBert Towle. ~~ ~ly, to rea~int ~ack ~n ~ ~rt T~le to ~tq ~lutt~ Io. 92-468. Plge 20 1992 Commissioner Volpe referred to a package containing documents that had been distributed to each Board member (copy not provided to the Clerk to the Board). Fred Tarrant spoke concerning this item. Commissioner Saunders expressed his concern that this Agreement was approved for legal sufficiency and action was taken, when the agreement had not been approved by the Board. County Attorney Cuyler explained that in dealing with Mr. McLemore, Mr. Cuyler had perceived that the Board did give authority, concerning this matter. County Manager Dorrill stated that he had reviewed his files and noted that the Board specifically approved in August, 1990, an Executive Summar~ that authorized the County Manager to negotiate an agreement with Dr. David Williams, Economist, to develop a thirty year economic forecast. He added that at that time the Board was advised that Marc Samet would be retained as the County's financial advisor. Mr. Dorrlll discussed that at that time, the emphasis was to move the project through negotiations and to report to the Board with a completed contract and a completed development agreement, which never occurred. In response to Commissioner Saunders, John Yonkosky, Finance Director, Dr. Williams fee was $4,000, which was under the $6,500 approval limit for staff members working under County Manager Dorrill. He ~ndicated that the financial advieorts contract is structured under two different methods, and if the Board were to direct Staff to pursue the ~ssuance of bonds, the f~nancial advisor would be paid on an hourly basis upon the successful sale of those bonds. Commissioner Saunders related that County funds will not be expended for this project; it will be totally tourist development tax funds and revenues. Page 21 September 1, 1992 Collissioner Volpe expressed that all of this should have been brought back to the Boa~d of County Commissioners fo~ approval. Co~y A~o~ney C~y~eF advised ~ha~ SCA had no~h~ng C~y*o cho~ce of consultant8 and ~ha~ ~he~F on~y ob~ga~on was pay the Co~y. Con~ss~oneF Vo~pe ~ev~ewed ~ha~ ~h~8 Agreemen~ con~emp~a~es Fe~m- ~roement from tourist ta dollars, and was never authorized bV the ~ard of County Co~issAoners. ~e advised that the legal ~estAon t~t the Co~ty Attorney's Office wall have to address Ae le~all~ banding and enforceable agaAnet the County. Co~iesioner Volpe expressed hA~ opAnAon that the Board of County Co~A~sAoners As An any wa~ oblA~ated ~der th~s Agreement. C~ty Attorney Cuyler advised that it is up to the developer, at this point, if he wants to pursue this matter. (844) ~~ 02-62, U ~ITIOx ~84-28 (1), ~IX00~IXUCE NO. 9~-202, ~ ~I~ CO~ ~ D~~ CODE, ~T ~~ ~ ~ MICKLI ~, ~R A MI~D USE C~ Legal notice having been published tn the Naples Daily News on August 13, 1992, as evidenced by Affidavit of Publication filed with the Clerk, ~ublic hearing was opened. David Weeks, Senior Planner, referred to the details of the Executive Summary regarding this Petition. He noted this rezone peti- tion does not result in a lessening of the density or change in the uses for the pro~ect. Mr. Weeks noted that several changes will be made in the PUD docu- ment with respect to the maximum number of units being changed from 60 to 17, and delete certain references to affordable housing. Comm~tNione~ S~re Boved, seconded by Comliletoner Sh~n~hml and =~r~m~m~m~imo=mly, to clo~ the ~blic he~ing. ~~t~r S~rs ~, secon~d ~ Coutssto~r ~se ~d Plg~ 22 Septeaber 1, 1992 Legal notice havLng been published Ln the Naples DaLly News on August 13, I992, as evidenced by Affidavit of Publication filed with the Clerk, pub/Lc hearLng was opened. Mr. Weeks explained that this item lea ordinance correcting three legal descriptions and an improperly referenced zoning map. cm~rled mtmntmoumly, to close the public hearing. Oo~dmmloner Shmnah~n moved, ~econde4 b7 Cosmtsstoner ll~mme and cm~rJ~i ~/mouml¥, to adopt Ordinance No. 92-63, amending legal de~crAptAon~ ~nd a zon/ng map u proposed by Staff, ~nd that Ordinance 92-~S be ent~Ted into Ord/nance Book No. 54. (1102) ORD~ NO. 92-64 AMENDING ORDINANCE 86-6? AS AMENDED BY ORDINANC~ 11-80 ~ET, ATED TO MATER AND SENHlt S~CE PROVIDED COLLIER COUFI~ BY i~L~U~A~I~ METER TAPPING C~ARGES, OTNER SERVICE CHARGES AND SECURITY DEPO~I"I~; ~TABLI~HING RETAIL IRRIGATION/EFFLUENT USAGE CHARGES; INCRKA~ S~M~R ~ECURITY DEPOSITS; INCREASING THE REINSTATEMENT ~, DgCKE&~ING THE REINSTALLATION CHARGE AND ELIMINATING THE CHJLR~ FOR ~STABLISHING ACCOUNT RECORDS; ESTABLISHING A METER RE-READ CHAItG~; AND /NCKEASING THE GALLONAGK CHARGE FOR FIRE HYDRANT SERVICE - Legal not/ce havLng been pub//shed tn the Naples DaLly News on July 30, 1992, ae evLdenced by AfftdavLt of Publication filed wLth the Clerk, public hearLng was opened. Mr. Bloetscher reported that the proposed ordinance amends the Water and Sewer Service Ordinance which establishes miscellaneous set- v/ce charges. Page 23 September 1, 1992 Co~lasioner Volpe questioned page 3 of the proposed ordinance and referred to the statement: 'All golf course or similar bulk sales shall be billed at the mtnlsm~ utilization per month under their respective effluent contract, plus 80.13/1000 gallon8 over that allotment when applic~ble.' Cow~isstoner Volpe suggested that the last portion of the sentence should b~ deleted where It states: '... over that allotment when applicable.' Nfo Bloetscher agreed to make that change. ~tr. Bloetscher confirmed that water and sewer rates will not be raised. C~J~ ~~17, to c]o~ the ~lLc he~L~. ~~l~r ~ ~ed, ~ded ~ Cmtsstoner Hu~ ~d c~l~ ~t~ly, to a~e t~ ~~nt to Ordlmce ~o. 86-67 with t~ ~ c~ge, ~d t~ Ordtmce No. 92-64 ~ ~opted ~d ~~ ~ ~~ ~k ~o. 54. ~*~ ~ ~ ~ ~SSZ~e ~ZCAT10~ Coutssloner Shanahan mentioned that the County Attorney's Office should be directed to amend the School Impact Fee Ordinance to be con- ststent with the increase tn Road Impact Fees, and to present It to the Board at the next meeting. Comsisaioner Volpe requested an update on the Law Enforcement Iapact Fees from the County Attorney's Office. County Attorney Cuyler reported that he will provide a written updated Litigation Report, in response to Commissioner Goodntght's request. County Manager Dorrtll presented a Solid Waste Report and Indi- cated the following expenditures: Page 24 September 10 1992 1. Tree Removal in a number of canals, primarily Henderson and Haldeman Creek - $9,000 2. Special Sunday Solid Waste Collection An the unincorporated areas - $25,200 Mr. Dorrill discussed that he is investigating the rental of a tree grinder, which would cost approximately $33,600 for one week. Mr. Dorrill noted that Barbara Bush will be tn Collier County on September 2, 1992 and Commissioner Shanahan asserted that the Public Hearing for that evening will not be lengthy. see C~duloner Sh~nahan~oved, seconded by Cozmtes~oner ~ ~ c~r~ted 5/0, that the following Ltsu under the Con- ~t ~ be ~pp~v~d and/or adopted: CN~I:~I'I CE~r~FIC&TIONOF COI~LI~ICE WITH H~DREGULATIONS IN See Page ~;~ ~ I~E~OLUTION 92-446 KE ~ZMIN~ ACne. CE OF ~ RO~Y, D~INAGE, ~ ~ ~ ~~ ~R ~ FIN~ ~T OF "~0 SHO~S ~IT See Page. Z~;~ 92-44? RE RECORDING OF FINAL PLAT OF "~ARASOTA RANCH -- WITH ~TIFULATION~ AS D~AIL~ IN ~ ~I~ ~ See Page , ACC~FTA~I OF KqINTE~ANCH BOND ~~Z~ ~ ~R ~ FIN~ ~T OF "HIDD~ ~~ AT Sep~embe~ 1. 1992 92-448 ~1~ rIII&L &CC~PT~ OF TH~ R0&I~AY. ITR&ZR&G~. #AT~R ~ FOR TH~ ~ZN&L PL&T OF =PT, M~fATZOll UNIT T~O= Itu ~l~&~ ]~,IFT/~ 02-449, P~OV/DTNQ FOR A~SISS~NT OF LZ~, ~R ~ ~ OF ~ ~~ ~ ~IC ~IS~ OR L~ 14, B~ 45, GO~ ~, ~ ~. 2, ~ ~Z, ~lO ~V~Z ~ B~CA ~V~Z, ~ OF Itu ~SOLUTZO~I 92-450, PROVIDING FOR &~SKSS]~I~T OF Ll~lq, FOR TH~ COST OF T~ a~aT~NT OY FUNLIC NUIS&]~C~ ON LOT 5, BLOC~ 220 OF I~tRCO B~&CH UNIT ~3~, N/C'~OT.J~ DAVID DAGNOI~, O~q~R OF ~CORD · ~1'IG~192--451, FROV~DING FOR&SS~IIT OF LIAR, FOR TH~ C0~T OF T]~ ~ OF F~BLIC NUIS~LRCg ON LOT 32, ~ 3o FF~N&~D 3ULII L. FR&N~, O~RZRS OF I~CORD See Pages /o/ I~T~I 92--452, FROVIDZNG FOR J~$15SI~NT OY LI~N, FOR T~ COif OF T~ J~&T~T OF I~F~LZC NUZSJL~C~ ON I~OI~RTY B~ZNG & PORTION OF ~'~CT~O~9, I'I)I~I'~BZ~ 47 SOOT'fl, RANG~ 29 FAST, 3AN~S AND CLARA HAE ~M)~]I, ~ OF lt~CORD See Pages ~T,~fZON 92-453, PROVIDING FOR J~SES~RT OF LI~R, FOR TH~ COST OF T~ J~&T~NT OF FUBLIC RUIS&NCE ON LOT 14 J~D LOT 15, BLOC~ 32 OF I~k]~CO B~JkC~ ~I/T ONe, I~f~R-SCRUFJ~I CONSTRUCTION, INC., OMI~R OF I~D, M&~MOOD&RD, P~GIS/'ZI~D AG~RT 92--454, FI~FT/D/I~ FOR Jt~S~SS~NT OF LZ~, ~R ~ COST OF ~ ~ ~IC ~lS~ ON ~T 20,:,BL~ 1, SO~ ~~E See Pages / Oq'~ //0 September 1, 1992 J~SOT, A/T~OII 92-455, PROVIDING FOR ASSESSMENT OF LIKN, FOR TI~ COST OF THE AB&TIMIHTOFI~BLIC JlUZSANCK ON LOT 6, BLOCK 244, OFMARCO BEACH, UJl/T 6, 3OHII~3q3GA~S, OM1FKR OF RECORD See Pages Item ~J. 6&Sh RI:BOLUT/OI~ ~',~-4f56, FROVZDING FOR ASSESSMKJlT 0Y LI~KR, FOR THE COST OF TI~ ~ OF FUBLZC JlUISA.WCH ON LOTS THIRTEEN AND FOURTKKR (13 & 14) 13l BLOCE **B" OF 3'OYCK PARK SUBDIVISION, O. L. AND LUCITE E. See Pages / /,~'"' //~ R~4::~L~Og 92-4~, PRO~DZRG FOR ASS~S:~]I~ O~ ~Z~R, FOR ~ COST O~ THI ABAT~I3fT O~ PUBLZC JIUZSAJ~CH O~ A PORTION 0r SECTZ0~ 3, TOMWSHIP 47 SOUTI, JLUMI 29 KAST, DAVID NARD, ~R., CWJFER Or RECORD See Page. / /q" /g~O See Page / lt~ ~1~&10 ~,O1~0~1 ~2-461. i~ Y1]IAL PL&T 0~ ~$]~ERRA AT ~0~]1~ - W/TH See Pages Item#lO1 moved to #8B3 XtmmeZ6B~ dmlmtmd ltmm~/6B3 Page 27 September 1, 1992 Jl~sOg~T TO ~ OBI II~SULT~ AJFD RKCCMtiKJlD&TIORS OF ~ ~ ~Dg Xt'e~ ~'1SB4 JI:K~OLUT/MI l~-462, P~ KXTKI~ZON FOR UP TO ~ YEARS OF KXPKJrDZTURK OIP IRIJlD8 F~ CKRTA/N ~ IN FORMKR IMPACT FXI: DISTRICT 10 See Page /..~J Tte~ #16B6 13[ECUTZOI O~ ~ ~R P~CgL 12T · 129 ~ &C~~ 0F ~~'~ ~Z~F~ ~ CO~~ ~-~ I~~ ~ ~I0 ~ (~ATZON ~0~ ~0. 65031) See P.ge. !._~/-/$?- lte~ ~16B7 AMERDI~3rT (Y~ FOqTR PARTY TRARSPORTAT/ON rIRAJ~CIRG STUDY AGR~q~]IT TO RXALL~.&TI FUI~DS BrI~KKN CORSULTAJlTS FOR TR~ PURPOSg OF lq&KING fINAL PATM~II'l'BAIDCLOfll'G z:'t;~Cl~K O~ ~IL"~FI~OSI OF ~ ~ &JID K&3KMIDIT TN FAVOR OF SOOTH~ ST&TI:B UT/LIqI~I~ FOR THI PL&CKIa31T 0r & #ATKR I~&NS)~SSTO]I ~ IN 13El:CUT/OM OF WO'I'~Cl OF PROM/SK TO PAY J~ID A~ TO ~ PAYKKJFT ,o~, fiO0~,~ 53' """" '" See Page8 B:X~OI OJ) JlOT~Cl OF PROM]:S'Ie TO PAT AND AGRKKI(KXT 'FO KXTE]ID PAYMKNT Or~ ~ 3:NPAGT FKIS FOR S~I]~,~f A. NC)ODS - II(PACT rKK ~ OF $7,140.00 B:I]X:UT'ZMIOF]IOT~CIOFPROMZSK TO PAY AIDAGRZEMZH~ TO 13[TI31DPATMI:r~ OJ~SBIIER~FII:S FOR B&KffABAS AJFDKJI~KO T~C~"~, HGSBJL]rDAlfl:)KZFZ - ZJ~ACTJl~JiNOq~ITOY 87,840.00 See Page, //'--"~' ~'' /'5'9 ~ O~ ~SZ ~ PAT ~ A~ ~ ~ PA~ ~ ~3,920.00 See Pages IGC- 17_,q ACGIPTABGI OF ~OIVITAIGE FOR DRA~XAC3E CANAL AS RKqUXRKD TO SAT:I:SJ'Y SDP 00-41, ']P~MIIXl~ IIZ~IMAT PATROL STATION IJZTK See Pages Zte~ KXICUT/~ OF L/M/TED USE LTCKNSK AGR~(~NT BE/WE]EH COLLZKR COUFfY, A POL/'T~C&L SUBD/VZSTON OF THE STAT~ OF FLORIDA, AND CO)OIERCIJLL CLKA]I UP see P.ge. Iff~- 1 ,5' 1'tell i~J. 611 :. SOLISOUII~CIORDKRFORFLORZDAPOWKRAHD LZGliT TO IXSTALL ~~CAL SERI'I~ LZNE TO TH~ GOLDKN GATE COPIIUNITT PARE &q~AT3:CFJ~'~L'T. TTT- IN TH'AANOONT OF 88.259 I~00, fl~OP'(;[ 54 Page 29 September 1, 1992 STZPUL~T~D FZIrAL JUI;X~MB3IT RELATZVE TO EASKMXHT AC(~U~STTIOI~ ON PARCEL T'KE PZJFK RXD(JE Z~J~.STRXAL PARE N.$.T.U. SEE PAGES -' ~ STZFULATI3) FZIAL JUDGMXHT~TZVE TO THE KASEMKIrfACqUI$ITIOI~OF PARCEL I~MBKR 104.1&/627A AS A ROAD RIGHT OF #AY, DRAZNAGE, UTILZTY A]rDMLTNt?B3ZI]J~ EASKMXJTf LOCATED IN THK NAPLES PRODUCTION PAR~ N.S.T.U. sEE PAGES ltem~16H4 CJLJlJI~ ORDKR lOo 2 TO COJlTRACT NO. 9~-Z786, L~LY GOLF ACCI1PfAiICI iFF ~ (2) GRAFf~ Or ~ TO PROVIDE ACCESS TO TH~ WATER DZrI1ZI:BOTI:O~ A]ID ~TER CGLLKCTI011 SYSTKM WZTHZJI' FKLZCA~ BAY RI:SOLOTZOII 92-463, RKCOGNZZZNG ADDZTZONAL R.KVKIIUK DURZNG FY 91/92 IN 'rHlocz, ganr~taz, ~ (ool) saDarf *** NOTE; There will not Be a resolution for this as it is not required**** 3:tem ~1618 deleted C~BJI~E OJII:~BRBK). 2 TO COJlTRACT NO. 91-1756, GOLDEN GATE PARICMAY BEAUTrFZCATZ01I N.S.T.U. - ZR ~ JNO~iT O~ S2 160.00 SEE PAGES~ ' CH&]I~ 0g~DKR BIO. 2 TO COFfR&CT ilO. 91-1757, MARCO ZSLAND BKAUTZFZCATZOg #.S.T.U. - 1~l TH~ o OF .00  5,473 BATZSFACT~0SI OF LZKJl I~R SK3qVZCK~ Or THE FUBLIC DKFB3qDKR Page 30 September 1, 1992 F~t~FO~T~E~leT OF STEV~NS & LATTO~, ITC. The following miscellaneous correspondence ~as filed as presented by the Board of County Comatsstoners: 7!/ Page 31 September 1, 1992 ~ ~F FOI~I&L BXD FROC~$ &lid &UT31ORXZ&TION OF S~r]:C~ FOR ~ FORMAL BID PR(X~KSS AH*D AOTHORTZATIOR Or SKR171C~S FOR THK OIP R'/GH 13KI~ITY F*rLK STORAG~ KQUIPMKJFT FOR SHKRIIPF*S OFI~CK ·here being no further business for the Good of the County, the meettngwao adjourned by Order of the Chair - Time: 3:45 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL HICHAEL ~1~ VOL~E, CHAIm,~A~ mo preoented approved t~f the Board on [°~"""~" or as corrected Page 32