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BCC Minutes 07/21/1992 R Naples, Florida, July 21, 1992 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. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael 3. Volpe VICE-CHAIRMAN: Richard S. Shanahan Burr L. Saunders Max A. Hasse, Jr. Patricia A. Goodnight ALSO PRESENT: John Yonkosky, Finance Director; Annette Guevin, Kathy Meyers and Debby Farris, Deputy Clerks; Nell Dorrill, County Manager; Jennifer Edwards, Assistant to the County Manager; David Welgel, Richard Yovanovtch, Brenda Wilson, Marjorie ~tudent and Martha Howell, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Mike Arnold, Utilities Administrator; Mike McNees, Budget Director; John Madajewski, Project Review Services Manager; Dave Pettrow, Development Services Director; Ron Cook, Utilities Finance Director; Ken Pineau, Emergency Management Director; Steve Carnell, Purchasing Director; Steve Brtnkman, Parks & Recreation Director; Bob Blanchard, Growth Planning Director; Dick Clark, Code Enforcement Supervisor; Peter Bolton, Chief Helicopter Pilot, Emergency Services; Bill Griffin, Emergency Services Administrative Manager; Diane Flagg, Education Quality Control Manager, Emergency Services; Vlad Ryziw, Transportation Engineering Project Manager; Russ Muller, Transportation Engineer; Jeff Perry, Barbara Cacchione, Bryan Milk, Sam Saadeh, Chahram Badamtchian, Bob Mulhere and Philip Scheff, Planners; Sue Filson, Administrative Assistant to the Board; and Deputy Jim Waller, Sheriff's Office. Page 21, 1992 (~70) AGENDA - APPROVED WITH CHANGES ¢o--~teetoner Shanahan moved, eeconded by Commtsetoner Hasse and carried 5/0, that the agenda be approved with the changee ae detailed on the Agenda Change Sheet and with the following additional changee: 1. Item #16A8 - Recommeudation to approve for recording the final plat of "Pelican Bay Unit Seventeen" - Moved to #8A5. 2. Item #16C2 - Recommendation that the Board of County Commissioners enter into an Agreement for joint utilization of facilities with the YMCA of Collier County, Inc., for a trial period of one (1) year - Moved to #8C1. Page 2 (~s?s) Item CONSENT AGENDA - APPROVED AND/OR ADOPTED July 21, 1992 ~ ~otton for approval of the Consent Agenda ts noted under Item 916. (611) MINUTES O[ TH~ BOARD OF 00UNTY COMMISSIONERS' MEETINGS FROM APRIL 7, 1Qgi THROUGH JUN~ 11, 1992 - APPROVED Commissioner Saunders moved, seconded by Commissioner Hasse and cmrried unanimously, to approve the Minutes of the Regular and Budget Meetings of April 7, 1992, Special Meetings of April 8 and April 13, 1992, Regular Meeting of April 14, 1992, Special Meeting of April 16, 1992, Regular Meeting of April 21, 1992, Special and Budget Meetings of April 22, 1992, Regular Meetings of April 28 and May 5, 1992, Budget Meeting of May 5, 1992, Special Meeting of May 6, 1992, Regular Meeting of May 12, 1992, Workshop and Special Meeting of May 13, 1992, Regulmr Meeting of May 19, 1992, Special Meeting of May 20, 1992, Regular Meetings of May 26 and June 2, 1992, Special Meeting of June 3, 1992, Regular Meeting of June 9, 1992, and Budget Meetings of June · - 10 ~ June 11, 1992. ;" ' Item ~& ?*:ji.~,.. PROCLAMATION DESIGNATING SUNDAY, JULY 26, 1992, AS YOUTH HAVEN SUNDAY Upon reading and presenting the Proclamation to Tom Owens, Commissioner Shanahan moved, seconded by Commissioner Hase~ and carried unanimously, to adopt the Proclamation designating Sunday, July 26, 1992, as Youth Haven Sunday. Page 3 3uly 21, 1992 (?6?) PROCLAMATION DESIGNATING THE WEEKS OF JULY 26 - AUGUST 1, 1992, AND SEPTEMBER 20-26, 1992, AS VOTER REGISTRATION WEEKS - ADOPTED Upon reading and presenting the Proclamation to Mary Morgan, Cowmilsioner Saunders moved, seconded by Commissioner Shanahan and carried unanimously, to adopt the Proclamation designating the weeks of July 26 - August 1, 1992, and September 20-26, 1992, as Voter Registration Weeks. Page 4 July 21, 1992 EMI~LO~f~E SERif ICE AWARDS - PRESENTED Commissioner Goodnight congratulated the following Collier County employees and presented their service awards: U/piano M. Bonilia, Water Management/Aquatic Plant Sidney Cody, Road and Bridge James R. Thomas, Parks and Recreation Joseph M. Chirico, Road and Bridge Patrick 3. Webb, Facilities Management Willie A. Bullard, Traffic O~rations Harry Alkire, Solid Waste Department A1Compton, Compliance Services Item PRESENTATION OF PHOENIX AWA~LDS - 20 years - 15 years - 15 years - 10 years - 5 years - 5 years - 5 years - 5 years Bill Stalker, a Collier County employee and victim of cardiac arrest, related his experience in having been successfully resusci- tated by Emergency Services Staff. He thanked those who were per- sonally involved in his care, and presented Phoenix Awards to the following Collier County paramedics who have been successfully involved in resuscitation efforts: Jay Bridenthal Bob Ltcata Kevln Potter Glen Alderfer Jeff Gallagher John Poczynski Bill Brlstow Jackie Loy Glen Alderfer Frank Mtllot Monica Smith Nelson Mesa Debra Sweigart Nancy Coco Paul Weber Bill Peplinskl John Katzenberger Cheryl Wilson Steve Epright Martha Ginter Dave Joseph Diane Flagg, Education Quality Control Manager for Emergency Services, presented Certificates of Appreciation to two lay people, Bill Norman and Deputy Dust, both of whom performed CPR on victims who ultimately recovered. BUD(lET AMEND~IENT8 92-325, 92-327/92-330, 92-333, 92-336, 92-338/92-363, 92-355/92-356, 92-359/92-360, 92-362/92-363 AR'D 92-366 C~tlstoner Hasae moved, seconded by Commissioner Shanahan and c~rl~ %u%an~mously, that Budget ~endments 92-325, 92-327/92-330, 3uly 21, 1992 92-333, 92-336, 92-338/92-353, 92-355/92-356, 92-359/92-360, 92-362/92-363 and 92-366 be &dopted. (595) Item #6&3 BODGET &ME~D~[ENT RESOLV?IOR 92-24 - ADOPTED Comatsstoner Hasse ~oved, seconded by Commissioner Shanahan and c&rrie~ u~nimously, that Budget Amendment Resolution 92-24 be adopted. ,oo~ 000,~. 19 Page 6 July 21, 1992 (x61o) RESOLUTION 92-390 APPROVING THE FORM OF TB~ PRELIMINARY OFFICIAL STATIMKIT OF THE COLLIER COUN~ CAPITAL IMPROVEMENT REFUNDING REVENUE BO~TD~, SERIES 1992 - ADOPTED Mark Samet, Financial Advisor to Collier County, noted the purpose of this resolution is to approve the form of the Preliminary Official Statement (POS) of the Collier County Capital Improvement Refunding Revenue Bonds, Series 1992, prior to its being shown to investors, which is a requirement of the Securities and Exchange Act. He said it is his recommendation to proceed with the issue only when a minimum net present value savings of 5% can be achieved. He reported RFP's have been sent out for municipal bond insurers for escrow agent, registrar/paying agent, verification agent and printer. Com~tmmtoner Saunders moved, seconded by Co~tsstoner Shanahan and carried unanimously, to adopt Resolution 92-390 approving the form of the Preliminary Official Statement of the Collier County Capital Ilpr~wnt Refunding Revenue Bonds, Series 1992, authorize the Clerk of Courts to certify to the finality of the POS and authorize the Chail~mln to execute four copies of the Certificate. Page 7 July 21, 1992 PLACEIiENT OF A R~FERENDUM ON THE NOVEMBER 10, 1992, GENERAL ELECTION BALLOT FOR THE ISLES OF CAPRI MUNICIPAL RESCUE AND FIRE SERVICES TAXING DISTRICT TO OBTAIN TAXPAYER APPROVAL TO FINANCE THE EXPANSION AND RENOVATION OF THE EXISTING FIRE STATION - APPROVED County Manager Dorrill explained this is a request by the Citizens Advisory Board for the Isles of Capri Volunteer Fire Department for Board permission to schedule a referendum during the November general election in order to propose a question to pay for the cost to expand and remodel the historical fire station at the Isles of Capri. Bill Grlffin, Emergency Services Administrative Manager, recalled three years ago, the Board of County Commissioners approved an increase in the millage for the Isles of Capri taxing district for the sole purpose of building a capital reserve fund for projects of this nature. He noted approximately $80,000 has accrued in the capital reserve account to initiate this expansion project. He said the referendum will ask taxpayers for permission for long-term use of that money to finance the remaining balance. Chris Mtddlebrook, Volunteer Chief of the Isles of Capri, com- mented the Isles of Capri Civic Association is in agreement with this request. Co~mimsio~er Shanahan moved, seconded by Contssioner Saunders and c~l-Fied ~i~ousl¥, to approve the placement of a referendlzm on the November 10, 1992, general election ballot for the Isles of Capri Municipal Rescue and Fire Services Taxing District to obtain taxpayer approval to finance the expansion and renovation of the existing fire station. (2105) Item ~12C3 RESOLUTION 92-391/CWS 92-23 PERTAINING TO DISTRICT 5 - FAST AND SOUTH NAPLES SANITARY SEWER PROJECT, CONFIRMING THE PRELIMINARY &SSESSMENT ROLL AS THE FIN&L ASSESSMENT ROLL, AND ADOPTING SAM~ AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION - ADOPTED Legal notice having been published in the Naples Dally News on June 30, 1992, as evidenced by Affidavit of Publication flied with the Page 8 July 21, 1992 Clerk, public hearing was opened. Mike Arnold, Utilities Administrator, recalled the initial hearings regarding District 5 of the East and South Naples Sanitary Sewer Project brought forth challenges to the methodology utilized, which prompted Staff to change from the front footage and per pump station assessment to one based on straight acreage. He provided the Board with a cost summary for the construction and ancillary costs for the entire assessable amount in District 5. (Copy not provided to the Clerk to the Board.) He mentioned the cost summary also reflects all credits applied, which results in a 23% reduction of the total assessable amount. Mike Kennedy with Wilson, Miller, Barton & Peek, Inc., explained the change in methodology for District 5. He said an acreage basis is used because of the special nature of the district. He pointed out Parcels 6 and 16 are undeveloped and did not receive the benefit of a pump station during construction, therefore, have only been assessed on an acreage basis for the force main system. He explained the pump stations for Parcels 6 and 16 must be constructed by the developers. The following people spoke regarding this item: William Tilbrook Tm~e ~2 Mary Jane Romeo Pauline R. Riemer John T. Diamandis David W. Rynders Contosioner Hasse moved, seconded by Commissioner Shanahan and carried unani~ousl¥, to close the public hearing. Co~tssioner Volpe moved, seconded by Commissioner Saunders and carried un&ni~ousl¥, to adopt Resolution 92-391/CWS 92-23 pertaining to District 5 - East and South Naples Sanitary Sewer Project, con- firming the preliminary assessment roll as the final assessment roll, ~ ~ting e~ as the non-ad valorem assessment roll for purposes of utiltzin~ the uniform method of collection. Page 9 July 21, 1992 $'$ Recessed: 10:55 A.M. - Reconvened: 11:10 A.M. $'' (~0) Itu~Tl P~flTION ~IPPORTING TH~ NORTHWARD EXTENSION OF LIVINGSTON ROAD FROM IM~~ ROAD - NO ACTION Jack. Pointer presented 15 letters to the Board from various groups in support of the northward extension of Livingston Road from Immokalee Road. He explained the importance of the proposed corridor to the entire community and urged the Board to commence construction on the roadway as soon as possible. Commissioner Volpe thanked Mr. Pointer for his presentation. No action was required on this item. Ite~ ~TB COUNT~ ATTORNEY'S OFFICE DIRECTED TO MEET WITH THE STATE'S ATTORNEY RE~ARDING EXCEPTIONS TO THE STATUTE OF LIMITATIONS CONCERNING THE DIAN~ CABADA SITUATION Attorney Richard Sparkman, representing Diane Cabada, communicated his dissatisfaction with the Staff's initiatives to date concerning the construction by Elaine and Frederick Nystrom of Diane Cabada's home, which is experiencing major structural problems. He reminded the Board of the direction given to Staff at the February 18, 1992, Board of County Commissioners meeting to pursue injunctive relief in civil court to prohibit further violations of County ordinances; amend ordinances to prevent this type of situation from occurring; and that the Cabada house to be brought up to code and be repaired properly as quickly as possible. He said to his knowledge, none of the above direct'ives have been completed. He contended that Compliance Services has sympathized with unlicensed contractors, attempted to compromise with uhltcensed contractors and have catered to unlicensed contrac- tors. He concluded by asking the Board of County Commissioners to enforce the law, prosecute the law violators and direct Compliance Services to obey the direction given on February 18, 1992. Dick Clark, Compliance Services Supervisor, refuted Mr. Sparkman's 000, : 7,5 Page lO July 21, 1992 charges. He said Collier County has one of the most aggressive enfor- cement agencies in the State of Florida and ts recognized as such throughout the State. He reported the State Attorney's Office has reviewed the charges of Mr. Sparkman and has stated the statute of limitations has expired. He also noted this case is scheduled before the Code Enforcement Board (CEB) on July 30th, and Staff is very con- fident they will prevail before the CEB with the voluminous evidence that has been gathered. Commissioner Saunders asked what knowledge does the County Attorney's Office have with regard to exceptions to the statute of /imitations? Assistant County Attorney Richard Yovanovich explained there is a one-year statute of limitations for misdemeanors. He indicated having spoken with Mike Cart in the State Attorney's Office early in this process, who advised that the statute of limitations had expired. Mr. Sparkman reported there is a three-year exception to the sta- tute of limitations having to do with continuing type matters. Commissioner Saunders requested Mr. Yovanovich to contact the State Attorney's Office and ask that the statute be reviewed for possible initiation of criminal action. Assistant County Attorney Yovanovtch stated he will approach the State's Attorney and suggested that Mr. Sparkman be present at any discussions. It was the consensus that Assistant County Attorney Yovanovich will meet with the State's Attorney on this matter. (2000) Ita~C DISCUSSION OF I~ROCESS REGARDING VESTED RIGHTS DETERMINATION FOR ANCHOR REeF CONDOMINIUM - NO ACTION REQUIRED Attorney Anthony Pires, representing John Geyer, gave the opinion that Anchor Reef Condominium was given a vested right on the height of its building and the adjacent property, Caxambas Tower was not given notice of the public hearing. Page 11 July 21, 1992 John Geyer explained his concern that the determination for vested rights has allowed a variance without a proper hearinG. He suggested the rules be changed to be more equitable in the future. Assistant County Attorney Martha Howell mentioned an amendment to the Unified Land Development Code (ULDC) now being considered will notify affected property owners of a hearing for vested rights, but if the vested right is stipulated to by the County Attorney's Office, Development Services and the applicant, there is no hearing, there- fore, no notice will be provided. Commissioner Saunders suggested that Attorney Pires address the proposed amendment at the public hearing to consider the ULDC amend- ments scheduled for the next evening, July 22nd. No action was required on this item. (2~?0) Item ~&2 RESOLUTION 92-392 APPROVING FOR RECORDING THE FINAL PLAT OF "MYSTIG ~" - ADOFTED WITH TEE STIPULATION AS NOTED IN TEE EXECUTIVE Commissioner Volpe advised he will abstain from the vote on this item due to a conflict of interest on his part. Frank Brutt, Community Development Services Administrator, men- tloned this item would normally appear on the consent agenda, but was pulled specifically due to Commissioner Volpe's conflict of interest. He concluded Staff recommends approval for the recording of the final plat of "Mystic Greens". Comisstoner Saunders moved, seconded by Conissioner Shanahan and cmrried 4/0 (Commissioner Volpe abstained), to adopt Resolution 92-392 mpproving for recording thc final plat of "Mystic Greens". 77 Page 12 July 21 1992 INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES TO PERFORM CONTRACTOR LICENSING ISSUANCE AND LICENSED/UNLICENSED CONTRACTOR COMPLAINT AND CASE MANAGEMENT WITHIN THE CITY'S JURISDICTION AS ITS AGENT - APPROVED WITH CHANGES Dick Clark presented an interlocal agreement between Collier County and the City of Naples which has been revised due to concerns expressed by the Board on what may have been perceived as a profit center. He explained it was intended that Compliance Services handle the licensing of contractors for the City, however, the fees being proposed would have exceeded those currently being retained by the County. He indicated the newly proposed agreement will provide licensing coverage within both the City and the County for a total cost of $87, rather than the separate fees now being charged, which total $155. Missy McKlm with the City of Naples, indicated the City is very pleased with the new tnterlocal agreement. Assistant County Attorney Brenda Wilson informed the Board of a change suggested by the City Council that the City be noticed of changes in the County's ordinance and if they do not agree, the City may be removed from the agreement. She suggested language be added to Section VII of the agreement to address that concern. Com~ieetoner Saunders moved, seconded by Couisstoner Shanahan, to a~rove the interlocal agreement with the City of Naples with the chax~ge~ u ~uggeeted above and authorize the Chairman to sign the agr~nt. In response to Commissioner Volpe, Ms. Wilson stated she will also add a 60-day provision to allow the County to withdraw from the agreement. She cautioned, however, that the ordinance has been speci- fically amended to tailor itself to this particular situation and Staff would need more extensive notice before it could be changed. Commissioner Saunders stated his motion does not include a 60-day termination provision. Page 13 July 21, 1992 In response to Commissioner Saunders, Ms. Wilson stated Section IX of the document makes the aGreemer~t subject to annual review. After discussion, it was noted that the Board of County Commissioners does not have an interlocal agreement in their packets which includes Section IX. (Copy also not provided to the Clerk to the Board.) Tape #3 In response to Commissioner Volpe, Ms. Wilson reviewed the changes being proposed to the interlocal agreement. ¢ommtsmloner Saunders restated the motion, seconded by Conissioner Shanahan, to approve the interlocal agreement to ~nclude all chants reconended by Staff and the addition of Section IX. Upton c&ll for the question, the motion carried 3/2 (Conissioners Volpe and Hassm opposed). Page 14 July 21, 1992 (2¢~) It~ ~8A4 ~d~SOLUTION 92-393 ENDORSING THE NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION'S 1992 MEMBERSHIP REAPPORTIONMENT PLAN - ADOPTED Jeff Perry, MPO Coordinator, presented a request for a new seven member panel on the Metropolitan Planning Organization (MPO) due to the change in boundaries recently adopted by the MPO. He noted the City Council voted unanimously to support membership on the MPO to consist of five Board of County Commissioners and two City Council members. Commissioner Goodnight suggested a representative from Everglades City be appointed to the Citizens' Advisory Committee to the MPO and that the Mayor of Everglades City be asked to submit a letter endorsing the new plan. A lengthy discussion ensued with regard to whether or not there is disproportionate representation for the City of Naples, due to its population size and the fact that the District 2 County Commissioner represents the City. Commissioner Goodntght proposed that the Everglades City Council be asked for their approval of the District 5 County Commissioner as their representative. O~imetoner Saunders moved, seconded by Co~issioner Shanahan and carrie4 $/2 (Co-~isstoners Volpe and Goodnight opposed), to adopt Re~lnt~n 92-393 endorsing the Naples MPO's 1992 Reapportion~ent M~b~hip Plan which provides for the MPO membership to include two alb~rm of th~ Naples City Council and five County Commissioners. Page 3uly 21, 1992 RECORDIi~ OF TH~ FINAL PLAT OF "PELICAN BAY UNIT SEVENTEEN" - APPROVED WITH ~TIP~LATIONS Commissioner Volpe reported this item was removed from the consent agenda due to a concern of a constituent with what impact the platting of this tract may have on discussions regarding the North Naples Park. John MadaJewskt, Project Review Services Manager, explained there appears to be old information given to Commissioner Volpe specifically dealing with Exhibit "3" to the Pelican Bay PUD. He said the document provided was from the original PUD Ordinance 77-18, which has been amended a number of times. He reported the most current document con- tains an Exhibit "J" which was revised in May, 1989, and the roadway in question was an added, revised roadway at that time. He noted the plat before the Board is strictly for the right-of-way and the construction of that road to link the north end of Pelican Bay Boulevard to Vanderbilt Beach Road. He mentioned it also provides a full means of access to the new EMS site to be built adjacent to the Library and in no way is linked to the Unit 18 plat, which is on hold until the issues of the park site have been resolved. Attorney Bob McLure (phonetic), representing Westinghouse Communities- in response to a concern of Commissioner Volpe, stated he delivered a proposed, revised deed to Assistant County Attorney ,Cronin's office, however, he is on vacation and the issue has yet to be resolved. Commissioner Volpe inquired if the reverter clause has been removed from the deed, to which Attorney McLure responded in the nega- tive. He said that is the only remaining issue. ~i~i~mr Shanahan moved, seconded by Comnissioner Goodnight ~ carr~ unanimously, to approve for recording the final plat of 'Pelican Ba~ ~n~t Seventeen". Page 16 3u]y 2~, ~992 *** D~pu%~ Clerk Meyers replaced Deputy Clerk Guevin at this ti~e - 1:00 P.M. (~5~) Item BID ~02-1893 AMA]~DED TO HARPER BROTHERS, INC. FOR JOINT RADIO ROAD FOUR-LAMING IMPROVEMENTS AND WATER MAIN FACILITIES - IN THE AMOUlqT OF $2,5~5,556.?? Vladimir Ryziw, Engineering Project Manager, reported that the Radio Road project is approximately 2.] miles in length east of Airport Road and will include construction of a four lane divided highway with a 40 foot wide median, highway lighting and minor irriga- tion work. He noted that the bid included construction of water main facilities. Mr. Ryziw noted that Staff received bid proposals and summarized that Staff recommends the bid for this project be awarded to Harper Bros., Inc., the lowest bidder in the amount of $2,585,556.77, and to have the Board authorize the Utilities Division to transfer funds in the amount of $3,833.82 to the Transportation Services Division for assistance of design activities and bid items. Commissioner Shanahan moved, seconded by Commissioner Hasse and cma-tied unanimou~l¥, to award bid 92-1893 for the construction contract to Harper Brothers, Inc., in the amount of 82,585,556.77. (~03S) Item~C1 AG~H~rf FOR JOINT UTILIZATION OF FACILITIES BKTWEEN COLLIER COUI~TY P~ A~D ~CR~ATION A~D T~E YMCA - CONTINUED T~IRTY DAYS Steven Brinkman, Parks and Recreation Director, reported that Staff recommends the approval of this Agreement which is for a trial period of one year to allow the County and the YMCA to share facili- ties. Commissioner Volpe expressed that Veterans Park Js currently being well utillzed and believed that this Agreement would negatively impact upon the communities' use. Commissioner Volpe moved, seconded by Commissioner Saunders and carried uxxanimousl¥, to continue this item for thirty days to enable Staff to provide further input and analysis. B00~ 000PAS[ 98 Page 17 Jnl¥ 2~, 1992 (282~). BUDgeT ~ APPROVED INCREASING THE PERSONAL SERVICES BUDGET FOR COST ~ 001-121120, AUTOMATED INFORMATION SYSTEMS - IN THE AMOUNT OF 84,500 Steven Carnell, Purchasing Director, reported that Staff recom- mends approval of the Budget Amendment in the amount of $4,500, which is pursuant to anticipated salary and benefit costs for the two employees. Doug McGllvra spoke to th].s item. John Yonkosky, Finance Director, reported that there is currently $110,O00 that the Board will have to approve in Budget Amendments for personal services so that they do not result in a deficit. Mr. Yonkosky recommended that in personal services where there Is a surplus, to utilize the overage to cover a deficit in another department. C~ai~ioner Saunders moved, seconded by Commissioner Shanahan and c&rriedunmnt~ousl¥, to approve the Budget Amendment in the a~ount of $4,500 to increase personal services in the 001-121120 cost center. **" Receseed st 1:45 P.M. - Reconvened at 2:35 P.M. Tape #4 (SO) BID ~2-1857 AWARDED TO AMERICAN EUROCOPTER CORPORATION FOR THE PURCHA~Z OF A H~LICOPTER IN AN AMOUNT NOT TO EXCEED $95?,289 Peter Bolton, Chief Helicopter Pilot for Emergency Services, referred to the details of the Executive Summary regarding this item. He noted that included in the bid is a trade-in dollar amount for the present helicopter, and American Eurocopter has found a buyer and requires greater maintenance cost each year, as well as more fre- quent down time. Mr. Bolton noted that the leasing costs for three months are lower Page 18 :/ii willing to pay $500,000 and that delivery must take place on or before '~.-', August 18, 1992. Mr. Bolton reported that the current helicopter is 11 years old July 21, 1992 than average because the Company wants to encourage the County to buy the helicopter. Mark London spoke to this item. Diane Flagg, Educational Quality Control Manager for Emergency Services, reported that in recent negotiations with Metro-Dads, she has obtained a verbal agreement that they will provide primary response to the Keyes. Concerning pilot training for the new helicopter, Mr. Bolton reported that the factory will provide a maintenance traininG course for the pilots and the mechanics free of charge, and the County's only expense will be travel to Dallas and accommodations. Coam~ssioner Hasee moved, seconded by Commissioner Goodnight and carried unanimously, to award Bid ~92-1867 to American Eurocopter Corporation in an amount not to exceed $957,289 for the purchase of a ne~ helicopter, and approve the sale of the County's current heli- copter mhd approve the lease of an interim helicopter. BID ~92-1696 AMARDED TO METRO AVIATION, INC. FOR EMS HELICOPTER CO~P~TION - IN AN AMOUNT NOT TO EXCEED $381,082 Mr. Bolton reported that bid invitations were sent out and 8 have been received. He noted that he made site visits to the bidders to allow for comparison. Mr. Bolton explained that a helicopter is taken from a factory to a completion center to save money, and that by following this proce- dure the County should save in excess of $162,000. Mr. Bolton noted that Staff recommends Bid #92-1896 be awarded to Metro Aviation, Inc. in an amount not to exceed $381,082. Cmieeioner Hasse moved, seconded by Commissioner Goodn~ght and carried unanimously, to award Bid #92-1896 to Metro Aviation, Inc. in mn ~aount not to exceed $381,082. BID ~2-~79 AMARDED TO PARAVION TECHNOLOGY, INC. FOR THE PURCHASE OF ON~ ~ICOPTE~ ~K)V~R/TRANSPORTER - IN AN AMOUNT NOT TO EXCEED $8,703.96 I~OOX O00P',~"r-100 Page 19 July 21, J992 Mr. Bolton reported that bid invitations were sent to 14 vendors. He explained that this equipment is used to move the helicopter from a hangar to a ramp and back to the hangar. Mr. Bolton noted that Paravion's bid was $316.23 higher than the other bidder. Mr. Bolton mentioned that the bidders were also required to submit 3 references, and that Paravion's references spoke highly of their unit, and Tug-A-Lug's did not. Mr. Bo/ton summarized that Staff recommends that Bid #92-1879 be awarded to Paravton Technology, Inc. C.o~m~aa~onmr Hmsse ~oved, seconded by Co,,~tsstoner Goodnlght and clx'r~l,d u~nt~ou~l¥, to award Bid ,92-1879 to Paravton Technology tn an ~t n~t to exc~d $8,~03.96. (~940) Zt~12B2 ~ITION R-92-2, DR. ~NO SPAGNA OF ~ORIDA ~B~ INSTI~E, INC., ~~ING ~NITA U-STO~-IT CORPO~TION, ~Q~STING ~ZO~ ~OV~ ~ E~A~S (E) TO CO~RCIAL CO~NIENCE (C-2) FOR ~ PROPER~ LOCA~D ON THE NORTHEAST CO~ER OF E~RGLADES BOULEV~ ~ GOLDEN GA~ ~EV~ - DENIED; GOLDEN GATE ~STER PL~ TO BE ~ED Legal notice having been published in the Naples Daily News on July 1, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. ~*{('* Sam Saadeh, Project Planner, referred to the details of the :" Executive Summary regarding this Petition. r~-., Mr. Saadeh summarized that Staff has reviewed this Petition for consistency with al/ the elements of the Growth Management Plan and has determined that it is consistent with those elements subject to the conditions for approval. ,~, Mr. Saadeh noted that to conform with the minimum dimensional .k'.~:~:. standards of the C-2 zoning district and with the consistency require- ments and criteria of the Golden Gate Master Plan Staff recommends that only 2.09 acres of the proposed 4.34 acres be rezoned to commer- · clal and that the balance, which is 2~{ acres, should maintain its Estates zoning. Page 20 July 21, 1992 Mr. Saadeh reported that Staff received 57 letters of opposition and 6 letters in favor of the proposed Petition. Mr. Saadeh summarized that Staff recommends that the Board approve Petition R-92-2 subject to the sttpu]atlons listed tn the revised Agreement Sheet. He noted that the Agreement Sheet has been revised to Include one additional stipulation, which reads: "The Petitioner shall comply with the Groundwater Protection Ordinance, Ordinance No. 91-103, because the site is within the East Golden Gate Wellfield Zone." Dr. Neno Spagna reviewed the history of the parcel. He noted that the Petitioner is in agreement with all of Staff's requirements and stipulations. The following people spoke to this Petition: Don Loy Norman Taylor Martha Vassoler Meltssa Foster Claire Holecko Jim Gebble Tony Deblasio Chuck Stephan Richard Faust, owner of the subject property, deemed that there ts only a small organized group that is against the rezontng, and not hundreds of people. He noted that this development would create Jobs and money for the people who build it as well as permanent jobs for the future staff. C~tsstoner Shanahan moved, seconded by Co.~tsstoner Goodntght mad c~ried unmni~ously, to close the public hea~tng. Ma~Jorle Student, Assistant County Attorney, ~nformed the Board that within the Land Development Code there are a number of criteria that the Board should consider in determining whether or not to approve or deny this rezoning. She added that compatibility, effects on nelghbortng properties, and conslstency w~th the Comprehensive Plan are examples of those criteria. ~iee~er Volpe ~ved, seconded ~ Co~isstoner ~o~lght md ~~ ~~ly, to deny Petition R-92-2 ~d to direct Staff to ~aft ~ ~~nt to the Golden 8ate Master PI~ to el~minmte nei~h- ~r~ cen~ers within the central ~rtlon of the Estates. 000 102 July 21, 1992 e,. l~ty Clerk Ferric replaced Deputy Clerk Neyers at this time Item ~12BI ORDI~E 92-46, ~ PETITION R-92-3, MAJOR J. WHISNANT AND JEANNE WHI~I~NT, CHARLES B. PLUMMER, JR. AND WESALINE A. PLUMMEH, KENNETH J. BLOCKER AND BARBARA J. BLOCKER, AND THOMAS D. LYNN AND IRIS R. LYNN, R~QUESTINO A R~ZONE FROM RSF-3 TO C-4 FOR PROPERTY LOCATED ON THE WEST SIDE OF S.R. 29 AND SOUTH OF LAKE TRAFFORD ROAD - ADOPTED WITH REVISED STIPULATIONS Legal notice having been published in the Naples Daily News on July 1, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Saadeh communicated the intent of the Petitioners for a rezone of the 10.12 acre parcel from RSF-3 to C-4 zoning, identified the location of the subject property and reported the zoning of surrounding properties. He confirmed that, if approved, the rezone Petition will be consistent with the Immokalee area Master Plan based on the stipulations contained in the Agreement Sheet, but also pointed out that one of the stipulations was recommended for deletion and was subsequently deleted. In response to Commissioner Volpe, Planner Saadeh explained why staff is now in agreement with CCPC (Collier County Planning Commission) regarding access to the subject site. Dr. Neno 3. Spagna confirmed that the Petitioners concur with all requirements proposed by staff. Planner Cacchione answered questions regarding the Immokalee Master Plan, the subsequent criteria placed on same, and its relevance to the subject property. C~m~imsioner Ooodnight moved, seconded by Commissioner Shanahan an~ ¢~a-ried unanimously, to close the public hearing. C~missioner Goodnlght moved, seconded by Commissioner Hesse and c~rried nnmni~oumly, to approve Petition R-92-3, subject to the reviewed stipulations in the A~reement Sheet, thereby adopting O~t~M~nce 92-46, ms entered in Ordinance Book 54. Page 22 (2394) Item ~H1 July 21, 1992 TENTATIVE MII/.tGl RATES WITH COUNTY-WIDE RATE AT 4.0584 MILLS AND H~ARI~ DATES S~T FOR 9/9/92 AND 9/23/92 AT 5:05 P.M. FOR ADOPTION OF ~ PI$CAL YEAR 1992-93 BUDGET - APPROVED Budget Director McNees revealed that, pursuant to the changes made to the millage rates during the Budget Workshop, the following millage rates have developed: the total county-wide rate is 4.0584 mil/s, representing a 2.5% tax decrease for Fiscal Year 1993; the unincor- porated area rate ts .7380 mills, representing a .6~6 decrease; and the aggregate millage rate being 4.7456, representing an aggregate tax decrease of 2.4~. He explained that Pages A-5 and A-6 attached to the Executive Summary reflect all remaining millages such as the lighting districts and special improvement districts. He communicated the pro- cess for preparation of Tentative Millage Notices under the Florida Truth and Millage Act distributed to taxpayers no later than August 24th. He proposed that the two required Public Hearings be scheduled · for September 9, 1992 and September 23, 1992, at 5:05 P.M. In response to Commissioner Shanahan, Budget Director McNees disclosed that once these millage rates have been adopted they can be decreased without further notification to the taxpayers, but that an increase can take place only after further notification. Oo~tmetoner Smundere moved, eeconded by Com~tseloner Shanahan and ¢~x'Ft~d lx~ni~ouel¥, to approve the tentative millage rates and eche- dule the public hearings for September g, 1992 and September 23, 1992 mt 5:05 P.M. ( 2S~3 ) :"~:'--,AG~ND~ ITEM~ APPROVED BY THE COORTY MANAGER DURING THE BOARD' S ABSENCE 1) C~CEMENT OF RFP ACTIONS FOR DESIGN/BUILD SERVICES FOR PINE RIDGE ROAD MEDIAN LANDSCAPING IMPROVEMENTS (U.S. 41 TO C.R. 31); AUTHORIZATION TO STAFF TO RANK RESPONDENTS AND PROCEED WITH FINAL CONTRACT EXECUTION AND IMPLEMENTATION; AND DIRECTION TO STAFF TO PROCESS A SUPPLEMENTAL AGREEMENT WITH BETTER ROADS, INC. PURSUANT TO ROAD BID NO. 92-1891 (CIE NO. 014); 2} WAIVER OF FORMAL COMPETITIVE BID PROCESS AND PURCHASE OF TWO HYDRAULIC TRUCK CONVEYERS FOR ROAD MAINTENANCE; 3) CORRECTION OF SCRIVENER'S ERROR ON SUPPLEMENTAL AGREEMENT NO. 6 OF C.R. 951 FOUR-LAMING IMPROVEMENTS, CIE PROJECT NO. 37; Page 23 July 21, 1992 4) &~THORIZATION FOR TRANSPORTATION SERVICES DIVISION TO PROCURE P~OFHS$IONAL ENGINEERING SERVICES TO FULFILL PLANNING, DESIGN, RI~HT-OP-WAY, AND PERMITTING REQUIREMENTS FOR MULTI-LANING IMPelS TO EXISTING AIRPORT-PULLING ROAD (C.R. 896 TO VA~DERBILT BEACH ROAD), TO THE PLANNED LIVINGSTON ROAD CORRIDOR (C.R. 846 TO C.R. 856), AND TO EXISTING BALD EAGLE DRIVE (C.R. 92 TO EHRET LAND); 5) APPROVAL AND EXECUTION OF REIMBURSABLE CONSTRUCTION AGREEMENT WITH RADIO ROAD JOINT VENTURE, A FLORIDA JOINT PARTNERSHIP, FOR ACCESS IMPROVEMENTS IN CONJUNCTION WITH THE PENDING FOUR-LANING IMPROVEMENTS TO RADIO ROAD (BID NO. 92-1893); 6) ENGINEERING STATUS REPORT AND RECOMME]~DATION FOR PRELIMINARY DESIGN APPROVAL FOR THE BONITA BEACH ROAD PHASE II PROJECT; ?) E-911 EQUIPMENT INSTALLATION AGREEMENT WITH UNITED TELEPHONE ¢O~PAN~ OF FLORIDA County Manager Dorrill explained there is an Executive Summary for each of the items he approved during the Board of County Commissioners' absence. Frances Barsh, on behalf of Mr. Bob Summers, spoke to the issue of the Pine Ridge Median Landscaping Improvements, hereinabove referred to as Item #1, and County Manager Dorri]l as we]/ as Transportation Services Administrator Archibald proceeded to explain the process which prompts the design/build services during this fiscal year. In response to Commissioner Volpe, Assistant County Attorney Weigel concluded monies from the impact fees cannot be loaned to Fund 301. County Manager Dorrill interjected that his plan does not include the staff recommendation to approve a Budget Amendment to move any money. Commissioner Volpe questioned whether the Board of County Comn~issioners should establish a policy decision regarding the lump sum fixed price incentive fee referred to in reference to the Livingston Road Corridor, and Transportation Services Administrator Archibald responded that staff was merely providing advance infor- mation on one way staff can negotiate consulting service contracts based upon certain criteria that may be to the County's economic Page 24 July 21, 1992 advantage. Co~issionmr Shanahan moved, seconded by Co~atsmioner ~oodnight, end c~rted unanimously, to approve those ttm~ previously approved by the County Manager during the Board recess period. Item ~g& Assistant County Attorney Student stated the question regarding the County's concurrency management system does not apply to roads, and referred to her detailed background in the form of a Memorandum (copy not provided for the record) giving an update which included DCA's recommendation to the Secretary of the Department that the Hearing Officer's Recommended Order be adopted. She concluded that this development impacts the County's concurrency management system as well as those in other communities. She stated the purpose of this update is to discuss whether or not the Board of County Commissioners want to advise the legislators, i.e. Representative Hawkins and Senator Dudley, of developments thus far. Tape ~ Following brief discussion, it was the cort~enma/e to write to Representative Hawkins ~nd Senator Dudley advising them of the d~ve- lop. ants th~ f~. (ol~) ~L~ION 92-39~, ~I~ING C~OLKE ~ ~ST TO ~ GOLD~ ~ C~I~ ~ ~VISO~ C~I~H - ~D Sue Ftlson, Admlnistrattve Assistant to the Board, explained this item addresses the need to appoint one member to serve on the Golden Gate Community Center Advisory Committee necessitated by a resigna- tion. She communicated two resumes were received and that Carolee Ann Mast is recommended for appointment to the term due to expire on December 31, 1992, if appointed. Page 25 July 21, 1992 ~i#toae~ Hasee moved, seconded b~ Co-missioner Shanmhan and cmx~ted ~ntmov~l¥, to appr~e the ap~tntmen~ of Carolee ~ ~st ~o the ~ld~ Gate Co~tty Center Advisory Co~lttee, there~ adopting ResolQtt~ 92-394. Page 26 3uly 21, 1992 (02gl)- Xt~OB JON~ 8, ~'~2 ~ OF THE TDC AND DIRECTION TO ADVERTISE ORDINANCE FOR P~IBLIC ~A~tING; PLACEI~ENT OF 2~ LEVY QUESTION ON NOVEMBER BALLOT; STRAN ~ Q~L"~TION ON NOVEMBER BALLOT WITH RFP'S BACK BY 9/15 AND IF NO S~ItIOUS ~ TO PULL STRAW BALLOT QUESTION; REJECTION OF ORIOLES PROPOSAL - APPRO~F~D Commissioner Volpe explained that the plan of the TDC (Tourist Development Council) and Ordinance presented to the Board of County Commissioners provides that, if the plan is approved by the elec- torate, the collection process will begin two months later and generate approximately $300,000.00 per month in revenues. He reminded everyone of his previous motion to approve the plan as presented by the TDC and direction to staff for advertisement of the Ordinance, seconded by Commissioner Saunders, which was subsequently tabled and is presented at this time. He confirmed the motion also proposes a referendum regarding the $.02. Discussion ensued regarding placement of this item on the September or October ballot with the issue of baseball on the November ballot, and the reasons why those suggestions are not a possibility. The following persons spoke to this issue: Frank Blanchard Fred Tarrant Frances C. Barsh Gary Carlson A brief discussion transpired regarding the private sector advancing money to Collier County with some sort of tacit understanding that those monies would be reimbursed to the private sector. In response to Commissioner Shanahan, Commissioner Volpe stated that, based upon the best legal advice available from bond counsel and others, the Marco Island bonded indebtedness can be addressed with the 2% levy. Co~uissioner Volpe moved, seconded by Commissioner S&unders and c~a'ri~ ~a~m~imousl¥, to accept and approve the June 8th plan of the TDC (To~rimt D~velopment Council) and direct staff to advertise the Ord~m~x~c~ which embodies the plan. Page 27 3u1¥ 21, 1992 ],. commitment. Commissioner Saunders moved, seconded by Commissioner Shanahan and carried unani~ou~ly, to place the 2~ levy on the November ballot. Following brief discussion regarding preparation of RFP's (Request For Proposal) for baseball and after questions directed to Ron McLemore and Bryan Weber, Commissioner Shanahan moved to send out an RFP (Request for Proposal) to baseball for consideration. Co. missioner ~o~tntght seconded the motion contingent upon ~aend- ~nt to plmce the straw ballot question on the ballot, have the RFP's back by Septomber lSth and, If no response ts received which is accep- table, direct the Sul~ervtsor of Elections to tear off that section from the b~llot, at which time Co.missioner Shanahan a~ended his ~ott~n ~ccordtn~ly. The following persons spoke to the issue of the motion currently on the floor: Fred Tarrant 3erry Brown Upon c&ll for the question, the motion carried 4/1 (Commissioner Volpe oppo~d). Connetsmioner Shanahan moved, seconded by Commissioner Hasse and carried unaniml¥, to reject the original RFP submitted by the Baltimore Orioles tn 1990. Assistant County Attorney Wilson stated she also was unaware that there was any money to be reimbursed, and expressed concern that actions do not further complicate the $5,000,000, the pending lawsuit, what may be collected in the future and that there not be any other ?:20 P.M. - Reconvened: 7:30 P.M. RI~OLUTION 92-395, RECOI~4ENDINO APPOINTMENT OF PAUL MIDNEY AND CHARLES PALMB~ TO THE I~O~OKALEE WATER AND SEWER DISTRICT Commissioner Goodnight stated staff has confirmed that the indivi- duals submitting application for appointment to the Immokalee Water Page 28 July 21, 1992 and Sewer District have met the required criteria. C~/mX(~mer ~odnight moved, seconded by Com~issioner Hmsme and ~XTied ~m~nim~u~l¥, to recommend Paul M~dne¥ and Charles Palmer to t~ ~~r for c~nsideration of appointment to the I~okalee Water ~ ~r D~etr~ct. In response to Commissioner Volpe, Commissioner Goodntght con- firmed she is not satisfied with the process as to how these indivi- duals were solicited. Page 29 1992 (oa94) Ite~#12B3 P~TITION P~D--84-28(1), ORDINANCE AMENDING ORDINANCE 91-102, BY AMENDI~ THE OFFICIAL ZONING ATLAS MAP NUMBER 0629N, CHANGING THE ZONING CLASSIFICATION OF PROPERTY KNOWN AS MICELI PUD LOCATED ON THE SOITTB SIDE OF U.S. 41 EAST AND NORTH OF RAINTREE LANE - CONTINUED TO AUGUST lS, 1992 It ~ the con~ensus to continue this item to the meeting of &pt 11, 1992. (0iN) CO~IVB ORDINANCE AMENDING ~ LEGAL DESCRIPTION OR ZONING ATLAS NUMBB~ UP Pi~OPERTIES LOCATED WITHIN THE EAST NAPLES PLANNING COg~SIIITY, CEII"YRAL NAPLES PLANNING COMMUNITY, AND WITHIN THE ROYAL FAKA~ILT~M PLANNING COMMUNITY AND LISTED AS NUMBER 8 ON EXHIBIT "A" TO ORDINANC~ 91-$8, THAT REZONED CERTAIN PARCELS PURSUANT TO OBJECTIVE ! AND R~LATED POLICIES AND POLICY 3.1.K OF THE FUTURE LAND USE ELEMENT, AND THE FUTUR~ LAND USE MAP OF THE GROWTH MANAGEMENT PLAN - CONTINUED TO AUGUST 18, 1992 It ~ t~ consensus to continue this item to the meeting of 1992. (0894) Item #12C2 P~TITION AV-92-003 TO VACATE RIGHT-OF-WAY, UTILITY AND DRAINAGE · ~%SENENT LOCATED ON LAND LYING IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EaST AS R~CORDED IN OFFICIAL RECORD BOOK 454, PAGE 219, OF THE PUBLIC R~CORDS OF COLLIER COUNTY - CONTINUED TO AUGUST 18, 1992 It ~ th~ consensus to continue this Item to the ~eetlng of &~t 11, 1992. (096S) PETITION C11-92-1, FLORIDA CELLU~ RSA, LTD. P~, ~Q~STING CO~ITION ~ ~ ~~ L~A~D ON SO~ SIDE OF S~Y L~ ~ ~ST ,OF R~ ~ -- ~I~D TO AU~ST 4, 1992 It was the consensus to continue this item to the meeting of Aunt 4, 1992. (096S) Ite~lSB4 PETITION CU-92-6, FAITH LUTHERAN CHURCH OF NAPLES REQUESTING UONDITIONLL USE FOR A CHILD CARE CENTER FOR PROPERTY LOCATED WITHIN TH~ NOK*I]TKAST QUADRANT OF GOODLETTE-FRANK ROAD AND SOLANA ROAD - CONTINUED TO AUGUST 4, 1992 It was the consensus to continue this item to the meeting of August 4, 1992. 000, :I16 Page 30 July 21, 1992 (O~T2)- xtn ORDI~KNCZ 92-47, Al(ENDING ORDINANCE 91-102 PURSUANT TO PETITION PUD-~-23(1}, ~KANOE OF ZONING CLASSIFICATION FROM PUD TO PUD FOR PROP~"F~ KNO~N AS LAUREN PINES PUD, LOCATED OW THE SOUTH SIDE OF RADIO ROAD &ND ~A~T OF AIRPORT-PULLING - ADOPTED WITH CHA~GES Legal notice having been published in the Naples Daily News on June 3, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Cacchione summarized the intent of the Petition for rezone brought about as a result of the zoning reevaluation program. She relayed staff's recommendation to rezone the property from 144 units to 83 units, a reduction in density from 6.9 units per acre to 4 units per acre. She distributed a map iljustrating the surrounding dell- sities of the properties in the nearby area, and advised that the changes to the PUD document are noted on page 2 of the Executive Summary, with one additional change which is to delete the PUD Master Plan as the Subdivision Master Plan, page 16 of the Agenda packet, Item "C" She conveyed the recommendations of the CCPC (Collier County Planning Commission) to leave the density at 6.9 units per acre based on compatibility and found that the project should be intercon- nected with the project to the East, Leawood Lakes, and that it should be developed as one project. She divulged that, should the Board of County Commissioners agree with the recommendations of the CCPC, page 37 of the PUD document needs to be reinstated. She explained this project was allowed to go to 6.9 units per acre if it paid $25,000.00 payment in lieu of land for a park and this should stay intact if the 6.9 units per acre are approved, as that is a condition of the original approval. Pam Hanlon, represent]ng the property owner, explained it has been the owner's intention to develop the Lauren Pines and Leawood Lakes as one property, and requested the density be left at the current 6.9 density for'the subject property. Ron Freedman confirmed the intent is to develop both parcels as Page 31 July 21, 1992 one parcel and one development. Commissioner Volpe pointed out that development of the two parcels as one unit requires a new PUD document that encompasses both proper- ties. Colissionsr Shanmhan moved, seconded by Couissioner Hmsse and c~rrted unanimously, to close the ~bltc hearing. Co~mtoner Vol~ ~ved, seconded by Co~tseioner Hasse ~d c~r~ ~~ly, to approve Pe~t~tton PU-86-23(1), ~r~T to staff's reco~ndmtlo~ for ~%=en Pines, r~ucl~ the ~~ from 6.9 ~ts to 4 ~s ~r acre, ~here~ adopting Ord~ce 9Z-47, enter~ ~n Ordl~ce ~k 54. Planner Cacchione requested clarification of whether the motion includes the changes to the PUD Ordinance as she had outlined them, and Co~iss~oner Volpe answered in the afflrmatlve. 0~I~E 92-48, ~ TO O~I~CE 91-102, ~ PETITION ~-S6(~), ~E IN ZONIN~ C~SSIFICATION ~R C~TON ~S ~ A M~ USE GO~L~, ~R ~OP~ L~ATED ON ~ NOR~ SIDE I~KE RO~ ~ ~ST OF 1-75 - ~PRO~D WI~ STI~TION~ Legal notice having been published in the Naples Daily News on June 3, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Referring to page 4 of the agenda package, Growth Planning Director Blanchard identified the location of the subject property and summarized the intent of the Petition. He advised that the changes recommended by staff in this rezone are outlined on pages 1 and 2 of the agenda package, and include adding Section 6.5m on page 35 of the agenda package in the PUD document which addresses the possible extension of Piper Boulevard and modification of the "statement of Compliance" in the PUD document to explain how this PUD is now con- sistent with the Growth Management Plan. He explained that, although the recommended changes include deletion of the fractionalizatton language, further review of the PUD document revealed an extended Page 32 July 21, 1992 number of references to this language and, therefore, rather than deleting the language on pages 14 and 15 of the agenda package staff is recomm~ending adding a paragraph allowing that in cases of a conflict between the fractional]zation process and the new Unified Land Development Code (ULDC) requirements, the ULDC provisions will take precedence. He relayed staff's recommendation to modify Section 2,12 of the PUD to provide that off-site removal of fill is limited only to the extent now permitted by the current Land Development regu- lations. He stated the remaininG changes are cosmetic. Bryan Weber confirmed Petitioner's only objection to staff's ~ecommendattons is in regard to limitations on excavation removal. Project Review Services Manager Madajewski advised staff's recom- mendation regarding the excavation is additional language to read, "to the extent permitted by the Excavation Regulations". Mr. Weber stated he has no problem with the suggested language for 6.5m. C~m~se~r Shanahan moved, seconded by Com~tssioner Hume and carr~ ~an~ou~l¥, to close the public hearing. ~ss~oner Shanahan moved, seconded by Commissioner Hasse and cmrr~ u~mni~sl¥, to approve Petition PUD-87-36(1) with staff's reco~ndations regarding fracttonalization and excavation, thereby ~opt~n~ Ordinance 92-48, as entered in Ordinance Book 54. ORDINA~C~ 92-49, AMENDING ORDINANCE 91-102 TO CO--CT SCRIVHNER~S · 1~O~ (;N Z~ING ATLAS MAP NUMBER 0502S, REFERRING TO ZONING DISTRICTS OF C-4 ~ ~-5 ~ICH SHOULD CORRECTLY STATE ONLY C-5 ON PROPERTY LO'ATteST TH~ $OIITB~EST COR]~ER OF THE INTERSECTION OF ESTEY AVENUE AND AIrPORT-PULLING ROAD - ADOPTED Legal notice having been published in the Naples Daily News on July 1, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. C~mt~to~em ~oodnight moved, seconded by Commissioner Hames and ¢~rri~d u~nt~sl¥, to close the public hearing. C,~/ssioner Goodnight moved, seconded by Commissioner Hasse and 000 . 119 Page 33 July 21, 1992 CL'TtN ~t~ly, to amend Ordinance 91-102 for the scrtvener's error of C-4 to C-5, thereby adopting Ordinance 92-49, as entered tn Ordtm Book 54. (2313) Iq~SOL~TXOI[ 92-396, RE PKTITION NUC-92-2, CHANGE FROM ONE NON-OOJIFOiqMINQ USH TO ANOTHER NON-CONFORMING USE OF TH~ SAME CHARACTER (ART ST~;DIO AND ~ALLKRY) IN CON/ACSC-ST ZONING DISTRICT LOCATKD AT 53990 HAST TAMIAMI TRAIL, IN THE BIG CYPRESS PRESERVE - ADOPTED WITH STIPULATIONS Planner Mulhere explained the intent of the Petition to allow for an art studio and gallery for display of art related to the environs of South Florida specifically. He distributed pictures of the subject site. He reported that, as the existing parking is all within the U.S. 41 right-of-way, Mr. Butcher is in the process of attempting to acquire an agreement from the FDOT (Federal Department of Transportation), adding that Mr. Butcher has also made provisions to add the six required parking spaces, including a handicap parking space, on his own property. He relayed staff's recommendation for approval. Clyde Butcher displayed examples of his artwork. Commissioner Shenahan moved, seconded by Oonissioner ~tnight and c~rrt~d unanimously, to close the p~bltc hearing. ~tssioner Shanahan moved, seconded by Conisstoner Hesse and ¢&~ried unmntmousl¥, to approve Petition NU0-92-2, thereby adopting Rosolutton 92-396. Page 34 3uly 21, 1992 (26?O) PETITION V-92-14, HAL LAMBERT, W S REALTY, INC., REQUESTING A VARIANCE FOR l~ltOl~RT"f LOCATED IN THE WINDSTAR PUD - CONTINUED TO AUGUST 4, Legal notice having been published in the Naples Daily News on July 5, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Badamtchian summarized the intent of the Petition which includes staff's recommendation for denial of this Petition while CCPC's (Collier County Planning Commission) recommendation is for approval sub3ect to stipulations. James Davis, Coastal Engineering Consultants, Inc., distributed-an Executive Summary. C4~/~ioner Smunders moved, seconded by Co~tssloner Goodnight, to cloe~ the public hearing, but the question was never called. In light of the need to provide a Letter of No 0b3ection and other ~eqnlM docu~mentation, Petitioner requested a continuance to August 4, 1992. (SS?O) BOARD OP CO~N~"~ COg~ISSION]~RS' COg~UNICATIONS Commissioner Shanahan requested that County Manager Dorrill place on next week's agenda a hearing regarding the Transportation Impact Fee Ordinance due to the implementation date. He stated that he made the motion originally to collect the Impact Fee at CO but, when coun- sel said that cannot be done, it was then decided, pursuant to his understanding, any applications in hand would be accepted and pro- cessed. He explained staff has a different Interpretation that applications which have been processed should be grandfathered. He suggested there should also be a requirement that they be picked up within two weeks after completion to eliminate the possibility of applications just "sitting there" County Manager Dorrill stated staff will provide the actual motion 000, o 121 Page 35 July 21, 1992 and report the status of the permlts next week. Commissioner Volpe announced that County Manager Dorrlll's eva- luation has been completed, will be circulated amongst the Board of County Commissioners and placed on the agenda for next week. ~ =mrrJed 5/0, that the following Items under the ¢oneent a~enda ~ ~ ~nd/or adopted: ''' It~m,16A1 WAT~ FACILITI~ ACCEPTED FOR TRA'¥IGN~ AT THE VII~YARD$, PHASE II - ~FITH TH~ ~TIPULATIONS AS NOTED IN THE EXECUTIVE SUMMARY Reoo~a in OR Book '~4 PaKes 1058 - 1070 Ite~m ~A2 R~SOLUTION 92-S78 R~LEASING THE MAINTENANCE SECURITY AND GRANTING FINAL ACCEPTANCE OF THE "ROADt4AY, DRAINAGE, WATER AND SEWER IMFROIF~I~]rI~ FOR TH~ FINAL PLAT OF "EVENINGSTAR CAY AT PORT OF THE ISLAND~" See Page: ~X~I(~ 92-3?9 RELHASIN~ THE MAINTENANCE SECURITY AND Flq~AL AOC~PT~E OF ~ "ROADWAY, DRAINAGE, WATER AND SEWER 1~ OF TH~ FINAL PLAT OF "VILLAGES OF MONTEREY AT WOODBRIDGE, UNIT Item ~1~A4 See Page CA~HI~'~ ~ ACCEPTED AS SECURITY FOR LANDSCAPING FOR SITE IIEFEE&)~ PlJ~N NO. 90-253A, "MACIAS AND SONS", LOCATED IN SECTION 3~, TO%~[~I~IP 49 SOUTH, RANGE 25 EAST It~16A5 FINAL PLAT OF 'RIV~ROHAS~ SHOPPINO CENTER, FIRST ADDITION~ - WITH THE STIPUL~TION~ AS NOTED IN THE EXECUTIVE SUMMARY Item ~l~A6 See Pages 92-380 RELEASING THE MAINTENANCE SECURITY AND SRANTING A(~PTAN~ OF THE ROADWAY, DRAINAGE, WATER AND SEWER I~ FO~ T"~E FINAL PLAT OF "A SUBDIVISION OF TRACT B, AUDUBON CO0'IITIlT'C'~O'~, UNIT OIFE See Page It~ R~SOLUTIO~ 92-3~1 ~PROVING FOR ~CO~ING ~E FINAL P~T OF "~D ~ ~ ~ING P~LIMIN~Y ACCE~CE OF TH~ RO~AY, Page 36 July 21, 1992 D~AINA~, ~ATER AND SEWER IMPROVEMENTS - WITH THE STIPULATIONS AS NOTED II TH~ ~XECUTIVE SUMMARY Ite~ #16A8 ~ove~ to ~8A5 Ite~.l~A9 CASHX~I~'$ OH~CE ACCEPTED AS SEC~I~ FOR ~SC~ING ~R SITE D~ ~ NO. 92-0~, "IS~ B~ ~LO~E P~ING LOT~, ~A~ IN SE~IONS 7 ~ 8, T~SHIP 52 SO.H, ~GE 26 ~ST ~ATE]~ FA~ILITIZ$ ACCEPTED FOR COMMUNITY CONGREGATIONAL CHURCH - WITH T~ ~TII~TIO~ AS NOTHD I~N THE EXECUTIVE SUMMARY Item ~16All FINAL PLAT OF 'CRYSTAL LAKE RV RESORT, PHASE THREE" - WITH THE STIP~LATION$ AS NOTED IN THE EXECUTIVE SUMMARY See Pages /~./i~__.~ ' /~ q Item #16A12 C~I~TZFTCAT~ OF DEPOSIT ACCEDED AS SEC~I~ ~R ~CAVATION PE~IT NO. 59.439, "~ CA~ (AT ~RT OF THE IS~DS, P~SE II)" Item ~'16A13 See Page /SO RESOLUTION 92-382 RELEASING THE MAINTENANCE SECURITIES AND GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER I~ FOR TN~ FINAL PLATS OF "RIVERWOOD EAST UNIT 4, PHASES II AID III' See Page:_ /~/ l~Or~TION 92-383 PROVIDING FOR THE ASSI~ OF PERSONS AIITHORIZED TO ~ ~ I~ROJ~OT ACCOUNTS AND MAKE FINANCIAL DHA~S FOR THE CASH AND ~eEME]~T INFORMATION SYSTEM OF THE RENTAL REHABILITATION PROGRAM See Pages.__ Item ~1&A15 RE~OLIFTION 92-3S4 APPROVING FOR RECORDING THE FINAL PLAT OF "O~O~ ~ AT THE VINEYARDS" - WITH THE STIPULATIONS AS NOTED IN TH~ ~ECI~TIV~ See Page Item ~16A16 R~SOL~TION 92-385 APPROVING FOR RECORDING THE FINAL PLAT OF "ISLE ~ &T P~LICAN B&¥" - WITH THE STIPULATIONS AS NOTED IN THE July 21, 1992 Iteu#16Bl mCTflOF O! DOFATION AGREEMENT AND ACCEPTANCE OF CONVEYANCE FOR ACQUISITION OF RIGHT-OF-WAY TO CONSTRUCT FOUR-LANE IMPROVEMENTS UPON IIOJOKALKE ROAD (C.I.E. PROJECT NO. 006) AND TO SATISFY ORDINANCE 89-08 See Pages Ite~ ,16B2 continued to 7/28/92 ACCEPTANCE OF CONVEYANCE OF A WARRANTY DEED GRANTED BY SUT~iER GLEN OF I~, LTD, FOR ROAD RIGHT-OF-WAY ALONG LAKE TRAFFORD ROAD Itea #I~Cl CO~TII[UATIOF OF S~RVICES FOR SENIORS CONTRACT BETWEEN COLLIER COUNTY AND CO~[UNITY TRANSPORTATION (T.E.C.H.) See Pages Ite~.l~C2 ~ to #8C1 A(tR~T BETNHEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF NATURAL R~OURCES ~R USE OF ~ORIDA ~ATING I~RO~ ~~ ~ ~ ~ ~O~ ~ AS CO~IN ~I~ BOAT ~CH P~ See Pages Item #16D1 withdrawn Item #16D2 BID d~2-1886 FOR GKNKRATOR AND BREAKER MAINTENANCE AND REPAIR - AMARIF~D TO IM~RICAN GENERATOR AND PUMP, INC., IN THE AMOUNT OF $2S,%92.08 Item ,16D3 CH~WO~ ORDSa FO. 2 TO THE CONSTRUCTION CONTRACT WITH D. N. HIGGINS, IFC., FO~ TH~ I~OKALEE ROAD WATER, SEWER AND EFFLUENT PROJECT AND UTILXTIU AD~INI~FRATOR TO EXECUTE SAID ORDER - IN THE AMOUNT OF $108,0S0.66 It# ~1il)4 ~CUTIO~[ OF NOTICR OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF ~ i~PACT FEES FOR JOHN C. JOHNSON AND WILLIAM H. JOHNSON Page 38 July 21, 1992 See Pages Item #16D5 EXECtTTION OP NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF ~ II.ACT FEES FOR OWEN R. LESTER See Pages ~O&"'" ~O9 ~XECUTIOM OF )IOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF ~ I~PACT FEES FOR JOH]~ F. BAILIE AND WILLIAM C. ENGEL SeePages_ ~ION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF ~ IMPACT FEES FOR MAYNARD W. AND CHRISTY W. SCHRYVER, HUSBAND AND ~FE AND LESLIE E. AND DORIS K. TURNER, HUSBAND AND WIFE See Pages ~ I~-- 2/7 .Item ~1~D8 EXECUTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SE~lt II, PACT FHES FOR NAPLES CANTA MAR, LTD., A FLORIDA LIMITED P~IP BY ITS ENTITY GENERAL PARTNER, NAPLES BAY VIEW, INC., A FLORIDA CORPORATION, ON BEHALF OF THE PARTNERSHIP Item ,161~ See Pages EXECIFEIOM OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF ~ I~PACT FEES FOR NAPLES CANTA MAR, LTD., A FLORIDA LIMITED PARTNERSHIP BY ITS ENTITY GENERAL PARTNER, NAPLES BAY VIEW, INC., A FLORID& CORPORATION, ON BEHALF OF THE PARTNERSHIP See Pages ~2~-C~'~ Item ~I~DIO ~][ECUT/ON OF ~IOTXCE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF ~ IMPACT FEES FOR FOR T.A.F.S. PARTNERSHIP See Pages Item ~OM OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF S~lt I~PACT FEES FOR JOHN GIFFORD · Item ~I~D12 ~XEC~I~OB OF NOTICg OF PRAISE TO PAY ~D AG~~ TO ~ PA~ ' OF ~ I~A~ ~S ~R FOR PAUL J. ~0~ Page 39 3u1¥ 21, 1992 Item ~16D13 EXECUTION OF NOTICE OF PI~O~ISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF ~ IMPACT FEES FOR THO#AS AND DIANNA GURDECI, HUSBAND AND MIFE See Pages Item ~X~CUTION OF NOTICE OF PRO#ISE TO PAY AND AGI~EEMENT TO EXTEND PAYMENT OF ~ IMPACT FEES FOR JUAN OVIEDO, TRUSTEE Item #16D15 See Pages EXECUTION OF NOTICE OF PROI~ISE TO PAY AND AGRE~)~]~T TO EXTEND PAFMENT OF SEM~I~ IMPACT FEES FOR CHARLES R. ~LLE~ ~OLUTION 92-367 JLPFROVING THH EXPENDITURE OF FUNDS FOR AN EMPLOYK~ N~COGN/TION ACTI¥IT~ See Page Ire! 916E3 ~ov~d to #SE1 K~OL~TION 92-3~/C~1~ 92-24 STANDARDIZING CON~TRUCTION $~ICES AGKEEME~T AND CONTRACT DOCUM~]ITS FOR USE IN COUFI~ PROJ~CTS See Pages / Item ~16F1 ~ ~A~ OP ~O~IDA D~~ OF C~I~ ~AI~ ~ ~ ~C~ OF ~G~ C~ICATIONS WI~IN 2 CO~ See Pages ~-d~ ?J" O~ ~/ Item ~16F2 CHAIRMAN TO SIGN AN EMS MATCHING GRANT APPLICATION ~OOK O00'PA~£"~6 Page 40 July 21, ~992 See Pages ~ Item #16r3 continued to 8/4/92 Item #16H1 BID ~92-1904 FOR THE CONSTRUCTION OF THE THIRD PAI~ING LOT AT B&R. EFOOT BEACH FI~SI~K~ - AMARDED TO BETTER ROADS, INC., IN TH~ AMOUNT OF $35,695 Item #16H2 CARRY FORMARD I~COGNIZED FROM FY 90/91 FOR FUND 152, LELY GOLF B~AUTZFIC&TION M.S.T.U. Item #16H3 ~ FORNARD K~COGNIZED FROM FY 90/91 FOR FUND 131, MARCO ISLAND BEAUTIFICATION H.S.T.U. Item #16H4 CO)ISTRUCTIOI l~q~)4l]lT WITH MID--CONTI]I~IT ELECTRIC, IRC., FOR THE INSTALLATION OF FOOTBALL/SOCCER YIELD LIGHTING AT EAST NAPLES AND VNTE]U~*S C09B4UNITY PARKS - IN THE AMOUNT OF $97,400 BID 992-1899 TO PROVIDE LOCAL MATER AND WASTEMATER AXALYTICAL SERVICES - &MJLRD~ TO DAVIS ANALYTICAL LAB IR THE AMOUNT OF $9,920 Itlm ~16H8 BID ~92-1901 FOR ADDITIOX~ UID RENOVATIONS TO TH~ I)440KALE~ AIl~OR! PARE AMPHITHEATER - AM~ TO LO~E CONS~UCTION, INC., IN ~ ~ OF $38,448 Item 916H7 SUBSTITUTION BY T.A. FORSBERG0 INC. OF FLORIDA, OF THE PKRFORM&NCE AND PAYMIIFT BOJ~D FOR CONTRA¢? NO. 91-1791, HAPLES PRODUCTION PARK M.S.T. & B.U. - ~ TH~ AMOUNT OF $3,881,186.58 Item #16H8 moved to #8H3 Item #1631 C~TIFICATES OF COlleCTION TO TH~ TAX ROLLS AS PRESENTED BY PROP~K~I~ JkPT~AISER~S OFFICE ~o. 3990-126 1990 TANGIBLE PHRSONAL PROPERTY D~te 06/29/92 - 06/29/92 Page 41 1991 TAX ROLL July 21, 1992 202/2~2 1991-106/1991-114 06/22/92 1991 TANGIBLE PERSONAL PROPERTY 06/23/92-07/9/92 ' 'IJL'I'R~ ~l TII~ lqJR II~IAT~ NOS. 5710&, 65384, 29849, 66072, 37625 AND 65?80 '' Ite~#1%J3 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER It~ II~Ji ~TI~ACTION OF CIVIL JUDGMENT LIENS See Page It~ ,163 MZS~US CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was filed as presented by the Board of County Commissioners with the following additions: Affordable Housing Commission Discussion of 6/4/92 and Agenda of 6/18/92. Notice to Owner dated 6/26/92 to BCC from Bonita Limestone Trans, Inc., under an order given by Florida State Underground, Inc., for materials, dump truck and equipment services for the Livingston Road water main. Copies to Steve Carnell, John Yonkosky, and filed. Page 42 July 21, 1992 · Its OONFX~ATHD TR~T FUNDS TO ~OVIDE DRUG ~USE EDUCATION ~INIl~ (~.s o~cz) - ~ ~ ~ o~ Ss,5oo BID PRO~$ NAIVED FOR PURCHASE OF SURVEILLANCE CAMERAS AND ~O~r~'~R~ ~ ADVANCED TECHNOLOGIES CORP. (SHI~RIFF'S OFFICE) - IN THE Of $29,083 Item ~16L1 IKIPLICAT~ ORIGINAL OF THE AMEKD~ENT TO LICENSE AGREEMENT BETNEEN S~NI~ ~ RAILWAY, L.P., AND COLLIER COUNTY ~ A DUPLICATE ORIGI~L OP TR~ AGRH~MENT OF UNDERTAKING BETWEEN COMMERCIAL DEVELI)P~KNT COMPANY AND COLLIER COUNTY See Pages There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 8:30 P.M. <, ',.,;!~ .: ~ '.. . .:,..,,....', >-.- ).', ': .... ' "'" ' ';" "'" '~~ ""~ ' ' '-- ~These..,inute. appFoved by the Board on ~,~. : as pr~ented or as corrected BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS ....'-~ ~CONTRO~, I I . .:- ... -.. ,/. " ~':' ; ~ '~ CHAIRMAN "- Page 43