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BCC Minutes 11/23/1993 R Naples, Florida, November 23, 1993 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been crested 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: Burr L. Saunders VICE-CHAIRMAN: Timothy J. Constantine ~ohn C. Norris Michael ~. Volpe Betrye ~. Matthews ALSO PRESENT: John Yonkosky, Finance DIrector; Sue Barbtretti, Recording Secretary; Ellis Horfman, Deputy Clerk; Nell Dorrill, County Manager; Willtam Hargett, Assistant County Manager; Ken Cuyler, County Attorney; Heidt Aston, Assistant County Attorney; George Archibald, ~ Transportation Services Administrator; Ed Kant, Transportation Senior Engineer; Tom Conrecode, OCPH Director; Mike NcNees, Budget Director; $andra Taylor, Real Property Director; Leo Ochs, Administrative ~!. Services Administrator; Ron Ntno, Sam Saadeh, and Wayne Arnold, Planners; and Sue Filson, Administrative Assistant to the Board. Page November 23, 1993 COillilT ~rCO~NISSIONIRNO!tRIB !t~ ~ ~ITI~~ ~ ~ ~ ~SH~ FISH C~ZSSlOM Commissioner Norris stated that the Board of County Commissioners authorized him to represent their position on the critical wildlife area to the Florida Game and Fresh Water Fish Commission (FG&FWFC). He explained that it was his assumption that he should prepare background information and a position statement which would be for- warded to the FG&FWFC. He admitted that he forwarded this information before all the members of the Board had the opportunity to review and comment on the contents. He advised that this was not an attempt to avoid Board members input, but a lapse in thoughtfulness on his part. Commissioner Norris announced that he recognizes the Board of County Commissioners concerns and apologizes for any inconvenience or discomfort his efforts may have caused. In response to Commissioner Volpe, Commissioner Norris replied that under the direction and suggestion of Commissioner $aunders, he softened the Board of County Commissioners' position in a more cooperative spirit. ';~ Item d~ ...l:.. Coealeeloner Volpe saved, seconded by Comsissioner Norris and carried unanimously, to approved the agenda with the changes as detailed an the ~genda Change Sheet .* Page 2 November 23, 1993 The motion for approval of the consent agenda is noted under Item ,' {ssx) Its, ADOLFO gOIIZMZ~, ~¢lrt.,O'~!,l OF T~I NONTN FOR lO~lll~l~ 1993 Commissioner Constantine presented a plaque and $50.00 check to ~ Adolfo Gonzalez, Office o~ Capital Projects, as employee of the month · for November, 1993. ~.- (373) /tmae4l (: ....INFLOTII 8DVIC~ ANARDS - l~/szrrxD Commissioner Harthews presented the Service Awards to the ~.~- following Collier County employees: Commissioner Nichael 3. Volpe, 5 years . (294) ZteS#4C PIOCTANITI01 DISIglaTING DICI)elSt 1, 1993, AS WORLD AID8 ~ - ~E UINm feeding the pr~clmtlon, Cosaissioner Volpe ~ ~~i~r Norris ~ carrl~ ~l~ly, t~t t~ ~l~tl~ ~~r 1, 1993 ~ ~rld AIDS Page 3 93-601 &]rD 93-602 November 23, 2993 Commissioner Natthe moved, seconded by Commissioner Norris and CaNTied ~nsnisously, that Budget Amendments 93-601 and 93-602 be adopted. (46T) ltet led ll~sJ, l~, ~ ON ~ 11,000,000 PREVIOUSLY Dr, SXGNATID ]'OR ~ ~ lAID PU!tCKAS/J TO BI PUT Irr0 G~'ZXAL/UND Finance Director Yonkosky explained that the original $2,000,000 was transferred into fiscal 1993 and .hen the request for the CREW Trust cue before the Board, the approval was denied. He announced that in the budget process for 1994, the Board approved transferring the $1,000,000 back to the General Fund, but the interest was overlooked. Commissioner Volpe asked whether it was possible to transfer these funds into the funds for Affordable Housing? Finance Director Yonkosky replied that it is possible as the Interest Is now in Fund 325, (Water Nanagement Fund), In reserve. Commissioner Saunders stated that the $1,000,000 was collected county-wide. Commissioner Volpe agreed that to be consistent the Interest should go Into the County-WIde General Fund. Commissioner Volpe moved, seconded by Cosmlssioner Norris and carriedgnanimously, that the interest earnings on the funds that ware beld in Fgnd 328 be transferred to the County-Nide General Fund. (867) Cottismiom~ Volpe moved, ~econded by Commissioner Matthews and carrled~ntnisously, that Budget Amendment 94-59 be adopted. (887) Ztem~BBl RI~OLUTZOM 93-842 !t~ TIUtMBFX~ OF TIll MARCO AIRPORT FROM BTAT!I LIJDS TO C~XXa COUFrT IN ACCORDAMCB WItS BTATI NOUSi BILL NO. 1881 - ADOFrlD. NiSOLUTXOM g3-843 !t~ ADVISING Tff~ LIGXSLATXVa DBLIGATION TNAT TIll November 23, 1993 OB~X6&TXOII9 Off lOUSE BZLL 1851 fiVE BKI3I lilt - AXX)PTBD Transportation Services Administrator Archibald explained that this petition deals with the transfer of the Marco Airport from state lands to Collier County in an effort to develop a land swap. He stated that in 1993, the legislative session processed House Bill 1851, which provides conditions to transfer properties. Mr. Archibald summarized the conditions noting that the first is for the county to transfer the ownership of 3 square miles in the Fakehatches Strand to the state, and the other is to close ~anes Scenic Drive to the general public. Transportation Services Administrator Archibald announced that staff has prepared two items to consider the transfer and control of the roadway. He noted that the first item is to implement an opera- tion where Janes Scenic Drive would remain open during daylight hours and the gate would be closed at night. He reported that if the Department of Natural Resources decides to lock the gate, keys will be issued for property owners in the Fakahatchee Strand. He indicated that the intent of the state is to define the boundaries of the state park. Nr. Archibald noted that at some future point in time, the State slay ask the County to officially vacate the roadway. He confirmed that if the County vacates the public's right to the roadway, the vacation resolution would include language that would ldenttfy the right of the property owners in the Fakahatchee Strand and adjoining properties to use Janes Scenic Drive. Mr. Archibatld reported that staff recommends that the Board con- eider allocating control of the roadway to the State and provide for the vacation of the roadway in the future upon request to the DNR. Nr. Petty, Operations Manager of the Fakahatchee Strand State Preserve, related that people with historical use and property owners would have a right to accessibility to the roadway with the use of keys, along with emergency services. Page November 23, 1993 In response to Commissioner Constantine, Nr. Petty replied that s locked gate would deter people who do not have historical use and slow down illegal activities such as poaching. Commissioner Constantine remarked on the importance of the Narco Island Airport, but questioned how this procedure can proceed without detersent to those who have a right to be out there. Commissioner Saunders asked Transportation Services Administrator Archibald what would the State'e position be if the County refused this Mr. Archibald replied that representatives in State Lands are following the Intent of the House BIll and they feel part of the intent is to close 3anes Scenic Drive to the general public. He Indi- cated that if there is no provision to vacate the public's right to that roadway, they would not feel comfortable with the land transfer and would not proceed with it. Commissioner Saunders stated that if that is correct, the remedy would be to go to the State Legislature and change the House Bill. Mr. Archibald confirmed that there are three alternatives, follow the House Bill, make a counter offer and see If the Governor and Cabinet would consider It, or let this House Bill lapse end propose a :revised House Blll In 1994. In response to Commissioner Constantine, County Nanager Dorrlll replied that the deadline for BIll amendments was last week, noting that this same issue was debated and ultimately amended for the pre- ceding legislative session, but was not passed because it did not have 'the provision. Cossleelonor Matthews pointed out that the road ts seventy years old and stated that she does not believe it would be fair for the Board to arbitrarily agree with the State that it should be closed. She noted that 3anes Scenic Drlve is the only access/egress from the south blocks south of Interstate Commissioner Norris announced that he would like some assurance aceage to the road tn the future. He suggested a conditional accep- Page 6 November 23, 1993 i tanca of this agreement and forwarding to the State comments that the Board agrees in principal with the exception of the closure of lanes Scenic Drive. Coastseisner Constantine agreed that a compromise would be accep- table, but the most important issue is that the property owners in the area have access. Commissioner Saundsrs commented that the road could be closed to the general public but kept open to property owners in the vicinity. Commissioner Saunders contended that if the Board complies with the provisions in House Bill 1851, the County would control that mccesm. C(Semlssloner Constantine moved to accept the tam of !!Puss ZlSl. not Including the vacation and the other issues sngg~ted in the Y' resolstion. The following people spoke on the subject: Midge Lessor ~ulte Vltet VIola Vliet A1 Perkins David Cuthbertson Vlnce Doerr BIll Neron Celeste Nillie Hall Joe Walls Chrtsttna VIist Nettle Phillips Clifford Fort Robert Boyer Donald Myers Wayne SenMine Mary Billte Larkins Commissioner Constantine suggested that language be eliminated Item #3 of the proposed resolution. Coantsstoner Saunders agreed but proposed language stating "by ;. simply posting a sign' be added. Comalasts,st Constantine amended the sotIon on the floor. that the language in Item #3 of the proposed resolution remd 'b~ December ,/ 1993, b~ sAs~ll, pmstlng a signs, seconded by Cointails.st lietrim. ~,"' County Attorney Guylet reminded the Board that there Is a fevertar :~*' on the deed for the Airport. He suggested that the sign say 'closed ~ to the general public trillion. Commissioner Matthews suggested that the sign say "closed to the general public/local traffic only". In response to Commissioner Matthews, County Attorney Cuyler Page 7 November 23, 1993 '~eplied that local traffic is generally regarded am that generated by whatever area is in question. Conunissioner Matthews stated that she did not want the gates to be shut and locked and that she did not want to vacate the right-of-way. U~ea call fox* the question, the motion carried 8/0, thersb~ edo~Lt~g~lution 93-242. _ t:ssssdz llzgO A.M. - ~sconvensdz llz35 A.M. at which t~ae De~mt~Clerk~offaan replaced Recording SecretarW Sarbix~tti Commissioner Constantine suggested that Transportation Services Administrator Archibald contact the legislative delegation to amend '.- the obligations of House Bill 1851. i..' Commissioner Matthews suggested in follow-up with Commissioner Constantine's direction to Transportation Services Administrator Archibald to work with the Legislative Delegation relative to House Bill No. 1851, that a resolution be adopted. C~ssisst~ner Natthaws moved, seconded by Commissioner Constantine and carFled~naaimously, that Resolution 93-543 be adopted. Page 8 November 23, 1993 ,-(AaSO) , Item fqM COITIiIUiICl OF T~I PItlSI31T AVIATION FUILING CONTIULCT BITWIll ClZVRON 1113. LID TIIIIJLRCO ISLAND AIRFORT ON ANONTH-TO Ilamxm lA218 FOR AVIATIOI/IZrILS MID OTIIR PITROLIIMPRODt3CT8 - AFeltOVID Commissioner Matthews remarked that she requested that this item be removed from the consent agenda to advise the Airport Authority in advance that the Board wi]l not be arbitrarily approving items on the consent agenda. She noted that this is a month-to-month agreement. Cosscl. smloaez, Matthews moved, seconded by CosatemAoner Constantine and carried m~anisously, to waive the formal bid process and approve the reae.~l of the Chevron USA, Inc. contract to supply aviation fuels and i ~etrelegs products to the liarco Island Airport. (1678) IUEIN~T IX CIFIILATIOFI AID NAIITZIANCI OF TEl LLI:Z TIIAFFOItD C:IMITIRY - NII3FrIIIITATU~ QOOWITNTI[I IICIPTZOIlOF 8T~FPZNG UP IIAIITIIAIC~ FOX Tel ~ OF 1112 FISC&L YIAR 2 STAFF TO RKFEit TO F!tODUCTIVITY COIIQTTII~ ITLFF TO COITR&CTllI11 FT. lr/1]ts VAULT CO. Real Property Director Taylor stated that this item is a report to the Board on the current operations and maintenance of the Lake Trafford Cemetery. She explained that the Executive Summary includes the following options: improve the overall appearance for the 20 acre facility; responsiveness to requests for opening and closing grave sates for the indigent; and on-site management of the cemetery. Ms. Taylor remarked that staff is requesting direction for the future operation and maintenance of the cemetery. She noted that staff Is recommending Interim maintenance through the end of this fiscal year and proposing a RFP for a less expensive method, i.e. someone located on mate to do maintenance and be available for the indigent families and other purchasers of lots. She reported that the number one complaint is that there is no one on sate to locate graves. Celaissioaer C~nstantAne loved, 8econdedbyCosaAssione~ Nattheses and CaXTted"' I :USly, to follow starfee recommendation to maintain status quo, with the exception of stepping up maintenance for the November 23, 1993 ,.remainder of this fiscal year and refer to the Productivity Committee and that staff contract with Ft. Myers Vault Company for indigent burials. (1840) POST/Mr2 IIlzINDXTU!tIS FOR NAILING THE 1994 80LID WASTE NKWSLITlIIt AND YL~D ~ COLL/CTXON SCHEDULE FOX ALL MANDATORY SOLID MASTE CU~TONIXS - APPAv~ IN ANAMOUNT NOT-TO-EXCEED 810,000 Commissioner Matthews remarked that 810,000 is proposed for mailing out the 1994 Solid Waste newsletter and the yard waste magne- tic collection schedule. She questioned whether this mailing could be included with the Tax Collector's bills that will be going out within the next two weeks. Environmental Services Administrator Lorenz explained that last year there were difficulties with enclosing these materials with the ball. He reported that many errors were made since this As done manually. He indicated that the cost of the separate mailing will not cost more than last year's mailing because a third class bulk postage rate will be used. Solid Waste Finance Supervisor Teresa Riesen revealed that the ~.' cost for last year's mailing was $9,500, noting that the additional mailing wAIl not result in increased postage costs and will be more efficient. Commissioner Yelps moved, seconded by Commissioner Saundsrs ~nd carried 4/1 (Commissioner Natthaws opposed), to approve postage expen- ditures for sailing the 1994 Solid Waste newsletter andyard mrs collection schedule An an amount not-to-exceed 210,000. (2223) P~TIOE OF FINANCE CO~e~ITTEI TO AFPOINT WILLIAM R. HOUGX & CO. &AlZX ~ I SONS AS CO-MANAGING UNDKRI~ITZRS ON TIll RKFUNDING(S) OF UTILITY 2YS~N DKBT AND AUTHORIZING THE RKFINANCING OF THK BONDS - Office of Management & Budget Director McNees recalled that on October 5, 1993, the Board authorized staff to proceed with Smith Page lO November 23, 3993 Barney Shearson, as senior managing underwriter, to develop a plan of refunding of the Utility debt. Re noted that the applicable documen- tation has been prepared. Mr. McNees advised that the Finance Committee is recommending the appointment of two co-managers, am reflected in the Executive Summary, to assist ~n the issuance of the Utility debt. Commissioner Saunders questioned whether the same team will be together for the third bond issue that may be refunded in the near future. Mr. McNeee replied in the affirmative. In response to Commissloner Matthews, Mr. McNees explained that the Finance Committee anticipates that the contract with the new Financial Advisor should be in place by April 1, 1994. He indicated if there are further refunding opportunities the existing team and Financial Advisor will proceed with same but any new structure would not be presented until the new Financial Advisor is on board. Cc imml~ner Constantine ~md, seconded b~ ~lsaloner Norris and c,~rrled 4/0 (Commissioner Volpe out), to appoint William R. Eough · Co. end Alex Iro~n · None as co-managing underwriters on the x~i~nding(s) of Utility System debt and authorize the refinancing of the beads. ( 2468 ) RXC~e~Z~TION TN~T T~I BO~L~D CONBXDD A VINIYJL~DS DIVI~O~ COXI~et&TI~ NtOPOS~L FOR L&NDSC~ NialI~N D~t~ ON PII~ ~IDGX RO~D - Ml~s~ ~ND COUrff ATTO~ZY TO F~EP~ C0rrJtaCT ~ND NtlN~ XMrl Mr. Michel Seadab, representing the Vineyards Development Corporation, discussed the median beautificatton along Pine Ridge Road. Re announced that he proposes to landscape approximately 50,500 square feet of medians with an overall 2,370 linear feet for the eatA- nted cost of $180,400. Itr. 8aadeh stated that these costs will be paid by the VIneyards Development Corporation and would benefit the Vineyards residents as well ae the neighboring residents from the Golden Gate and PIne Ridge Page November 23, 1993 'ireas Mr. Saadeh referred to his letter dated November l, 1993, as con- rained in the agenda packet, reflecting two maintenance options. He reported that the basic maintenance package that the County currently has with other projects, is 51¢ per square foot, or $25#400 annually for the subject project. He indicated that the Vineyards standard caliber maintenance costs approximately 85C per square foot. Nr. Saadeh explained if the standard cost for maintenance is charged and those costs fixed for a 10 year period, the CountW's cost would be 8254,000. He revealed if maintenance is charged based on the comts of sub-contracting those services, the cost to the County over a ten year period would be 6430,000 with no inflation. He remarked that factoring in a 5~ increase annually, that figure would increase to emil,000 at the end of ten years. Mr. Saadeh stated that he proposes to fund the project and provide the capital improvements, having a long term maintenance commitment for a ten year period and charge the County the minimum maintenance cost of $25,400 per year. He revealed that this would result in an overall savings to the County of $287,000 over a ten year period. Commissioner Volpe remarked that there are other medians throughout the County which are very lovely, noting that he believes these standards are quite acceptable. In response to Commissioner Norris, Mr. Saadeh reported that the County would not disburse any funds until all the improvements are in place. Commissioner Volpe stated that he is uncomfortable with advancing 2250,000 for work to be performed nine years from today. Mr. George ~eller spoke with regard to this item. CosmicsiGnal' Constantine moved, seconded b~ ComBineloner ~atthews to ',p,~.~ the proposal for Landscape Median Improvements on Pine Ridge Reed from Vinmymrds Development Corporation. In answer to Commissioner Saunders, Transportation Services Administrator Archibald reported that past experiences for median Page 12 November 23, 1993 beautlftcatlon costs have ranged from $.75 - $1.25 per square foot. "':*He indicated that Mr. Saadehes price of approximately 8.50 per square foot is a very good price. Commissioner Saunders pointed out that when looking at the costs of past experiences, as mentioned by Mr. Archibald, the County may have exposure to as much as $63,000 per year. Mr. Saadeh advised that the project will commence at this time and continue for ten years. Upon call for the question, the motion carried 4/1 (Commissioner Yelps 6itn~s~). Commfssioner Saundsrs suggested that County Attorney Cuyler pre- pare the appropriate contract documents and bring hack under the con- sent sgenda, (240) ~;.'. vs. COZ~lll comet BOiXD 0F C~mZSSlOIIXS, CASZ N0. 92-244-CIV-!TN-2S (D) County Attorney Cuyler advised that this item is a recommendation for the Board to approve a Settlement Agreement and Release with regard to the case of Nanuel Rodriguez, ~r., vs. Collier County Board of Commissioners. Re reported that the Executive Summary ts self- explanatory, and involves a number of employment claims. '~' ~'lll21~f Coaltantt~e BOVed, 8ecoi3dedbyCollBlss~oller NorFie and carried unanimously, to approve the Settlement ~d~e;. KAt and Release in the case of Manuel Rodrlguez, ~r. re. Collier Co~ntyBoard of Coesaleelonex~, in the amo~nt of 62,600. Page 13 .: Item November 23, 1993 !td.~a~ ~ ~/1~ OY BIINS YOR KI, ULZN2 ROCI MID !tOCX ~1 IOR VA]IDSlIr~T Sr~M~ ROAD IXTi3SZON - STAFF TO UTZr, ZZI BZDDING !'!tOC~8 Office of Capital Projects Senior Project Manager Bloatschar announced that this item relates to hauling of rock for the construc- tion of Vanderbllt Beach Road Extension from C.R. 951 east to the North County Regional Water Treatment Plant. Mr. Bloatschar stated that the County's Road and Bridge Department will construct this road. He noted that the amount of rock required for this project Is approximately 1/3 of the total yearly supply. Be noted that Transportation Services does not haul this rock to the site :!. and noted that staff has obtained quotes for same. Mr. Bloatschar requested that the formal bidding process be waived for the rock hauling. In response to Commissioner Volpe, Mr. Bloatschar explained that he is requesting approval of a purchase order for 22,000 tons of rock An the amount of $79,000 and a separate purchase order for the rock to be hauled to the site for approximately $36,000. Mr. Bloatschef advised that the cost of the road was not included in the bid for the Water Treatment Plant, nor in the bad for the water lines to the plant since staff anticipated that the pavement would be damaged significantly and the road would need to be re-worked. Commissioner Volpe questioned whether there is an emergency that would require the waiving of the competitive bidding process. Mr. Bloatschar stated that there is no emergency. Ccealeliox~lr Matthews moved, seconded by Commissioner Norris lad carried 'mini :msly, that staff be directed to utilize the competitive biddizelA~csss. .. (6e4) DIIx3UIIZ(NIOFDIItICTION TO ~ COUNT~ATTORNIrONTKI 20OTIINA!tCO IIICIPIIZZII LOT INIII31T D011Ai1 Ci21 - COOIIISSIONIR VOLPK TO ~ WXTIIAt, sEd~m) P~ AID RI2~RT BACI: ZNTWONKKEH~ COIIIISSIOIIR A1"rOllll'~ OPINION MiD ~lP0rr BACI[ lIT W Olt Z INS Page November 23, 1993 County Attorney Guylet stated that this item is a filed law suit to condemn the parking lot parcel at the Point Marco PUD. He indi- cated that he would like to confirm the direction, with the Board's understanding, that monies will be expended and the property will be condemned for fair market value. County Attorney Guylet advised that the essessed value of the parking lot is $637,725 and the appraisal received reflects a value of 8770,000. The following persons spoke with regard to this item: George Cares {w/handout) George Keller David Brunet Attorney Kramer A discussion ensued with regard to obtaining an opinion from the Attorney General relative to the legality of the ordinance approving the zoning change and the public benefit by freeing up parking spaces. In response to Commissioner Volpe, County Attorney Cuyler stated that he has not raised any objections to the appraisal that has been done, and noted that At would be appropriate, if the Board is so inclined, to obtain a second appraisal. Conuaissioner Volpe recalled that as part of the process involving TDC dollars, opportunities were being explored to reimburse the Marco Island MSTU for the 23.5 million that was expended An the renourish- sent project. Commissioner Saunders remarked that there is a desire on part of the membership of the TDC to have some form of reimbursement. Commissioner Constantine indicated that it appears that the majority of the Board believe the public would benefit by having addi- tional parking. He noted that when looking at the expenses for the eminent domain proceedings in addition to paying the costs for the opposing side, this could be a 21.5 million parking lot. He advised that he does not view this as cost effective. He recalled an offer of approximately one year ago, whereby the parcel would be given to the Caunty and the County would make the improvements. He remarked Page 15 November 23, ~993 'that the develope~ ham recently indicated a willingness to revisit that offer and questioned whether consideration should be given to ~:: same, .~- Commissioner Saunders explained that he met with the developer a few months ago and suggested that the County acquire title to the lot ;: and the developer continue to make the improvements that he had pre- viously committed to make If the Narco Island Civic Association had acquired the lot. He advised that the developer Is not interested in Collier County having this lot for the general public. Commissioner Norris stated that there is the possibility that the County may be paying twice for the lot because of NICAts interest. Commissioner Constantine suggested if the majority of the Board does not believe 6550,000 is to much to improve the lot, rather than pursuing the eminent domain process, that the County Nanager or a member of the Board sit down with the developer or his attorney to .~ possibly reach a compromise. Commissioner Saundere explained that that would not eliminate NICA in their ability to require the County to go through some court action since they arguing that they have some vested rights. Commissioner Volpe stated that he is willing to talk with Nr. Antaramian and Hessre. Kramer and Brunet to explore all available options. Comldillonez' Constantine moved, seconded by Commissioner Itatthews Ind CaXTled 4/1 (Colmimsloner Norris opposed), that Comimmionsr Yelps be autb~lzwd to met with the affected parties to explore all available opportunities and report back in two weeks; and that Ccmm~swim~T airthem be authorized to meet with County attorney Cu~leFladllr. Xruner with refard to developing a list of questions to be fOs~, ~ to the Attorney ~eneral to obtatn an opinion end report . (2820) ~f.' DZ~~I ~l TRAFFIC COFr~0L NIAIUItlS AT TIll C0XNIR OF l;ilOFltwe ~ AND ~ le0aD II T~I AXle OF ~ AND SAM'8 8BOPPIIN ~ ~C ~ Page November 23, 1993 Commissioner Volpe advised that on behalf of the Board, he met with Transportation Services Administrator Archibald and his staff, and a number of the affected merchants and property owners of the various developments that surround the Immokalee Road project. He reported that concerns have been expressed relative to safe access to Greentree Shopping Center, Palm River, Willoughby Acres and Airport Road. Transportation Services Administrator Archibald explained that the Executive Summary addresses the concerns as mentioned by Commissioner Volpo. Be advised that staff is recommending that an arrangement be worked out with the Sheriff's Office for deputies to provide good access at the two access points for the Greentree Shopping Center for · period of time up to 17 days. He noted that the contractor is attempting to complete the paving and the work in and around the shopping center. Commissioner Volpe moved, seconded by Commissioner Matthew· mad carrted zznmnimausly, that Transportation Services Administrator Archibald be authorized to contract with the County Sheriffs· Office for officers to provide access traffic control as outlined in the ZxmcutlveSsmssrymad contract with the Imsokales Road contractor to pravJds mdiitlonal barricades for access channelixation at the ext_ t..sa 2bol~ingCentsr. see m'~sv~s~= ~zJ5 P.N. - Reconva~ed: 2=15 P.N. at ~htch time ~ Secretary Barbirsttt replaced Deputy Clerk Soft'sex see (solo) !tZlOZ, lrf~OI 1~-~44 ItS F2TZTIOI AV-93-007 VACATING k 30 FOOT ROAD !tIG!'T-OF-IIIT aJt~ IXtAlXAXJZ ZASIMEMT LOCATI'D ON A PARCEL OF LAND L!'ZNG I!~ICTI01X4, x~,.XauIP 48 SOUTH, !t&XGI 25 lAST - ADOIsTZD Commtsstone.r Saunders announced that Item #8A1 will be heard in ,;. conjunction with Item #12C1. :. Legal notice having been published in the Naples Dally News on ~j. October 24, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearlng was opened. Page 17 November 23, 1993 Transportation Services Administrator Archibald stated that the intent of this petition is to vacate and extinguish a 30 foot road right-of-way and drainage easement to allow the petitioner to relocate the road to accommodate the plat of Carlton Yard. He reported that Staff has received no letters of objection and noted that the peti- ... tion is consistent with the final plat of Carlton Yards, and there- fore, Staff recommends approval. Commissioner $aunders closed the public hearing. Ccsaissi~ner Constantine moved, seconded by Cmtssioner ~[ Ilattl~sws Ind carried unanimously, that Petition &V-gS-O07 be epproved, i~..... tVx,.l~) Ide~ttng Itssolution 93-244, Page 18 November 23, 1993 ~ Jlaloner Constantine Roved, ~econded by Comslasloner Matthews and caxTted k .- i _ualy, to approve the final plat of "Carlton Tarde". ~oo~ 000~- 38 Page X9 November 23, 1993 S3-1l !~ PITZ~ZON PUD-..86-9(2), NIl.. NIC1MJL FIXN&NDEZ 0~ AGMOLI, ~AMD BRUMII&GI, INC., REPRISINTINQ TBI DOVI POXIra Di'VZLOIqiIMT COItPO!tATIOM, lqIQUISTING A IrEZONING FROM PUD TO Iq]DIINIC!! WILL JLSOxAV~AS THE DOVE POINTX PUD DOCUNENT AND NAST~ PLANWlIILX ~rrArXIX~ANI1XD I~SZDENTZAL DEVILOPMKNT STRATKGY/C)R PROPIRTr LOC&IID ON TKX 80UT~ 8ZDI OF Z)IIOIALEE ROAD AND APFROXI~ATI~Y ONE NILE W~T 0P CR-961 - ~DOPTED Legal notice having been published In the Naples Dally News on November 3, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Planner Ray Bellows explained that the purpose of this petition ls to amend the extstlng Dove Points PUD to reduce the maximum number of dwelling units from 700 to 450, thereby reducing the project density. Commissioner Saunders closed the public hearing. C Sllim~S~ Constantine moved, seconded by Cosaimlioner Morris snd~mTtduinly, that Petition PUD-86-9(2) be approved, th~.wt) Idel~lagOrdinsnce 93-68 as antered tnto Ordinance~ook 64. (3632) ITI:SOLIZTXON 93-646 ltl PKTZTZOM V-93-25, DZMMZ8 ~. DAVIS !tKQOT. STZMG A 2.5 FOOT&.VTIX-T!II-FACTVARZANCI FItONTE!t REQUIRED BIDI Y&XD S2TSACZ OF 7.8 F21TTO 6 !III'TFORTI!I FROPZRTYAT 560 25THSTlt!~TM.M., GOLDZN Legal notice having been published In the Naples Daily News on November 7, i993, as evidenced by Affidavit of Publication filed wlth the Clerk, pub/lc hearing was opened. Frank Brutt, Community Development Services Administrator, explained that this petltion is a request for an after-the-fact side yard setback variance. Mr. Brutt stated that the CCPC recommended approval of this peti- tion with the incorporation of the stipulations. Commissioner Saunders closed the public bearing. ~M JXlieaST Volpe movwd, seconded by Co~sismioner Stattbe~s and ctrrid~msaism~ly, that Petition V-93-25 be approved, thereby sdoptingNesolution 93-646, Page 20 November 23 # 1993 (oas) FBTITIOM V-tO-27, pAUL DOI3q3t REQUESTING k VARIANCE TO SBCTZ0~ 2.6.14 gUEST JJOq3tl RZXdkTIVI TO 8IZI REL&TIONSHIP TO PRINCIPAL RXSIDINCK, AND & 26,2 J~OT VARIANCE PRose THE REAR YARD REQUZRKNZNT F0N PROPu~qTY DKSCItXBKD ]kS SOLDIN GATI KST&11S, UNIT N0. 194, TRACT 17, 820 - 23RD ~ S.W. - COFL~M1]ZD TO DZCB)TBIX 7, 1993 Legal notlce having been published in the Naples Daily News on November 7, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Ron Nlno explained that the petitioner Is a paraplegtc with two residences on hie property, but one of the residences is in excess of the 40% rule for the maximum size of guest houses. Nr. Sins informed the Board that the petitioner would like to add an addition onto the residence closest to the rear of the property, in order to construct a therapeutic rehebilitation room. Nr. Nino announced that the CCPC recommends approval of the peti- tion. Commissioner Natthews pointed out a discrepancy in the addresses and expressed concern as to whether the proper building permits are being presented. Commissioner Nat~hews revealed that according to the map provided, there are three structures on the property. Nr. Nino remarked that the inspectors sent to survey the property reported that one of the structures is a tool shed. Nr. Sins divulged that the petitioner agrees to the stipulation recommended t~ the CCPC which would limit the house closet to the street as the .quest residence to function in accordance with the Guest House regulations of the LDC. The following people spoke on the subject: Vtlma Ctrincione George Keller Nancy Bisbee Elaine M. Gilmore Commissioner Saunders closed the public hearing. Nr, Nino reminded the Board that the petitioner did not build any of the structures as they were existing when he bought the property. Page November 23, 1993 Commissioner Volpe revealed that according to the staff report, the current owner did at some point construct something on the pro- perty without a building permit. He asked what that was? Mr. Nine responded that there was a semblance of a structure on the property which had been demolished, and the petitioner began to construct a room but was cited and advised that he would need a variance. CoamiSsioner Constantine moved that Petition V-93-27 be denied. In response to commissioner Saunders, County Attorney Cuyler answered that the Board could grant one portion of the petition and not grant the additional setback request. CoalLisoloner Constantine amended his motion and moved that the request for the 26.2 foot variance from the rear yard requirement be desled, while granting approval of an after-the-fact variance for ezisting conditions. Commissioner Norris seconded the motion. Commissioner Volpe asked If the guest house and the general resi- dence have been identified. Planner Nine replied that the petitioner has indicated that the structure closest to the rear of the property is his principal pro- perty and the building tn front is the guest house. Commissioner Matthews announced that she has concerns with this entire application, and said she believes that there are a great deal more structures on this lot that require building permits. Commissioner Norris suggested that Staff be directed to inspect the property. Ccmstssion~r Constantine withdrew his motion and Commissioner NorrAm witbdre~ this second. ~_ Swignet Natthm moved, seconded by Commissioner Volpe and cazTM~mmise~sly, that Petition V-93-27 be continued to the meeting of rr.:: -ix T, XggS. IIF~TIOII 1iVD-92-7, THGN&2 I. KILLI3I, OF THOMAS B. KILLKNARCHITHCT, ~1~~ 31~OB ~ B~IDgZTT2 N0xS,&z,s~, R.EQUISTZNG RIZONZIG LwI~tOV~I~FIeONI~S~Z~tL SINGL~ FANILYTO & 0N~ AND TWO FANILY 1~2I~ PUD TO B~ INN M 20FSNIN~ VILLAGE 07 TH~ ~ SlDI OF Xovesbe: 23, :99a Ts-~alz rAIl - COFfINDID TO DSCINBK~ 21, 1993 Legal notice having been published in the Naples Daily News on ~.:. ~.: because she would like to see more definitive work done on the November 3, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Sam Saadeh revealed that on September 14, 1993, the Board of County Commissioners reviewed this petition and since that time, the petitioner has decreased the density from 5.37 units to 3 units per acre which now makes this project consistent with the Growth Nanagement Plan. Nr. $aadeh informed the Board that he has received one letter from a neighbor agreeing to the rezone based on the conditions. He reported that the CCPC recommended unanimous approval of the petition subject to stipulations. Nr. Saadeh noted that one person spoke in opposition of the peti- tion at the CCPC meeting. In response to Commissioner Natthews, Mr. Saadeh noted that the opposing neighbor is concerned about the drainage in the area. Thomas Killen, representing the petitioner, gave a brief history of the project and described its location. He stated that the peti- tioner is doing everything possible to fit Into the community. The following people spoke on the subject: Rhonda ~. Yarberry Orste Anthony Gene Cox Commissioner Saunders closed the public hearing. In response to Commissioner Volpe, Nr. Saadeh replied that both the Environmental Advisory Board and the Collier County Planning Commission both found that the drainage issue complies with the requirements o! the Growth Hanagement Plan. Commissioner Volpe moved, seconded by Commissioner Norris to ~v-o~,a Petition PTJD-93-7. Commissioner Natthews stated that she could not support the motion Page 23 drainage issue throughout the area. November 23, 1993 Commissioner Constantine agreed with Commissioner Matthews, reiterating that questions do exist regarding the drainage problems in the area. Commissioner Saunders told Mr. Killen that 4 votes would be required to approve this petition. He asked Mr. Killen whether he would like to continue this item so that he could gather more lnfor- sat ion? Mr. Klllen stated that although this project will not make the drainage problems any worse, he would not mind continuing this item. Commissioner Volpe moved to table his motion to December 21, 1993, to allow the petitioner end affected property owners to work on a suitable solution to the drainage problems. Seconded b~ Commissioner Natthe~s end carried ~nanisously. (2404) ![I~2OZ, TiTIOI 13-546 n FrI'ITIOII V-93-26, ~ BOULZEMI O:F CLOVI~ L.LIt, F COI.2&~4~.,xxOII its~t.s~lsisxlMg !l~lSSk CkPPTTTZ REQUESTING A 2.8 FOOT VM~LMICl FROII ~ I~QUII~ZD 30 FOOT SIDE ~'M~D TO 27.2 I'EZT FOR PROPZRTY LOCaTID AT 1.720 1.TTN ST!t~ZT S.ll. - kDOPTZD Legal notlce having been published In the Naples Dally News on November 7, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearlng was opened. Plsn~er Arnold explained the request and noted that the CCPC recommended approval of thls petition. Commissioner Matthews asked if there ls anything that limits the Board of County Commissioners from making the fees for an after-the- fact variance, but prior to Certificate of Occupancy, a great deal more expensive than twice the variance fee? County Manager Dorrt/1 replied that there is nothing to prevent the fee from ~ing higher than it currently is. Commissioner Matthews announced that 8850.00 is apparently not enough to cause the construction to cease long enough to insure that the building is properly sited. Commissioner Saunders suggested that the variances be heard, and ,oo OOO ,o d9 Page 24 November 23, 1993 before the agenda is finished, consideration for a fee increase will be evaluated. George Keller spoke on the subject. Commissioner Saunders closed the public hearing. Ommissi~asr Volps s~vsd, secondsd by Cossisslonsr Ssundsrs that l~tAtisa V-eS-22 ha qq~rov~i. U~on call for the q~estion, tha motion ~risd 4/1 {O~missionsr Norris ol~ossd), thereby adopting Rssolution Page 25 November 23, 1993 I~I2,OI,TF'Z'ZOI g3-847 ~tl PZTZ~Z0XV-93-24, RZCI!ARD MID DOROTFf ~ Ai;(lvse~x_.& & 4.67 FOOT VJ~ZA.11Cl FROIITllX R2QUZRID 20 FOOT !tF.M~YA.W.D FORASIIINK[IG POOL AND SCXK~ EIICLOSURI U !rEQUIRED IN ~ FOREST ~ FUD ~ Pl~0PxrrY LOCATID AT 1616 FOREST LAKXS BOUT, IV/,.W.D - ADOPTID Legal notice having been published in the Naples Daily News on November 7, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Arnold explained that the petitioners are seeking a variance for an accessory type structure which is required by Forest Lakes PUD. Planner Arnold announced that he has received no letters of objec- tion and noted that the CCPC recommends approval. In response to Commissioner Volpe, Mr. Arnold confirmed that the County granted a screen enclosure permit which occurs concurrently or prior to the issuance of a pool permit. Mr. Crawford explained that the contractor did have the permit for the cage, but not for the pool and proceeded with the excavation, but since that time they have backfilled the hole. Commissioner Saunders closed the public hearing. C.ssalesioner Volpe moved, seconded by Cosmiceisner Norris and ctrrtedmxsaisously, that Petition V-93-24 be approved, thereby 8doptingRes~lution 93-547. Page 26 November 23, 1993 Legal notice having been published In the Naples Dally News on November 7, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Planner Nine announced that the petitioner wishes to add to the hack of the restaurant. He explained that the addition is necessary because the restaurant staff presently washes out equipment outside the building which has caused problems to the abutting property owners. Nr. Nine reported that the CCPC recommends approval of this peti- tion with conditions on the Agreement Sheet. Commissioner Saunders closed the public hearing. O~ tealeast Constantine saved, seconded by Cmisetoner Volpe and carFist, "i :d-ly, that Petition V-93-29 be approved, thereby 8do~tiellss~lnticm 93-548. Page 27 November 23, 1993 .~.~.;..' IRI2OLgTIOI 93-649 ~ ~ZTZON ~-93-12, g~ C. qgI~ Legal notice having been published in the Naples Dally News on November 7, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. In response to Commissioner Volpe, Planner Arnold replied that the way this property is situated for the Narina, which was granted a loan from the County for hurricane reconstruction, it is separated by a group of condomintums, and the subject property is located north of the condominiume. He explained that there Is a contract pending on a long term lease for this property by the owner of the Narina to uti- lize this property for a boat sales dealership. Planner Arnold reported that the CCPC recommended approval of this ;~.~ ,**.. petition with a 6/2 vote. In answer to Commissioner Norris, Planner Arnold explained that some members of the CCPC were concerned that this operation will cause i i ,-! ,/ ~-.. ~.~: :.' dances and boat sales/storage facilities do not blend together. · · .:~::.v Tips 12 -~:,;...~ . Nr. Locker remarked that the property ts zoned C-4, not restden- . ,. tlal. ..... In response to Commissioner Norris, Nr. Locker confirmed that !:].. boats will not be operated in any way and agreed to stipulate that ~!;-i boats are for display only. .~.: 7. Commissioner Saunders closed the public hearing. a great deal of noise and that above ground storage racks will be unsightly for residents across from the property. Joseph Locker, representing the petitioner, confirmed that his client does operate a marina on property that is not adjacent to this property. Commissioner Natthaws reiterated the Boardes position that reel- Page 28 November 23, 1993 ,~, tssioner Volpe eoved, seconded by Comateeloner Norris to .vJ~,o,a l~etitlon CU-93-12 with all stipulations Including the addi- tional ettlmlation that boats will not be operated, except for perledicro~tine engine maintenance. Upea call fo~ the question, the notion carried 4/1 (Conalestoner Oct_t- tine~=ssd). Page 29 November 23, 1993 IOJIJ:D OF ~ CClIIZSSZONI!t9s COIIIVlIZCA~ZON~ Commissioner Matthews inquired at what point In the construction process is it discovered that structures are not where they are intended to be? She suggested that a variance fee be set at s sum greater than the average cost of demolition. Frank Brutt, Community Development Administrator, remarked that this subject had been discussed previously. Nr. Brutt agreed to provide the Board with a recommendation in two weeks for a financial penalty ~or those who violate construction. County Attorney Cuyler agreed with the need for financial penalties and agreed to work with staff on developing penalties. County Manager Dorrtll suggested reviewing the variances granted tn the last 12 months, and mentioned that staff may require three weeks to report back to the Board. Commissioner Matthews suggested possible review of offending 'contractors by the Contractor's Licensing Board. Mr. Srutt agreed to work with the County lttorneyes office and report back to the Board in three weeks. Administrative Assistant to the Board Ftlson reported that Colony Cablevision has agreed to broadcast the Advisory Board positions and a~reed to broadcast a monthly connnuntty update with one of the Commissioners announcing the vacancies. Commissioner $aunders directed Ms. Fileon to schedule the Commissioners on a rotating basis. County Mar~ager Dorrtll announced that his Staff is evaluating the Cossruntty Access Channel which will be available in 3anuary. County Manager Dorrtll gave a brief overview of the strategic planning meeting. see Cosmimmlone~ Volpe moved, seconded by CosmtsstoneP Matthews sad CsxTled 2/0, that the followIn2 its nndaP the Consent &~enda be .%=,o,,a.llnd/gn-ldopted~ see ZtlllZl&l ~ lq~lkT OF s2iN:)ONBILL COVI' - IIIT!I 2TIPUL&TIONS LI2TID I~ TNI ka~Cu,xVl ~ See Pages November 23, 1993 mT21F&~Ir~TI~2 ~ HONI DIPOT ~ - WITH STIPULATIONS LISTID IN NOTE:DOCUHENTS NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF 1/18/9~ ]{~0M 93-831 R~CORDZNG ~ FIMAL PLAT 0F "KATII LAN]" - WITH See Page'. ltms~l~lt4 -Moved to Item flAX ZtmmfiSJ~ !tZS~UTIOI 93-539 (3~ANTXNG FXNA~ ACCEPTANCE OF THI ROADMAY, D!tAIMAGI, eEATZX/dlDSB~It ~ ~R "~~Y XN~" -~ See Page ltem elnl - Seved to Item #8B3 II~FBIIAZIIUALBIDMUM~IR 93-1996 "21~ FA~8, L~, ~~~ ~m ~~ ~ 1993/94 ~ I~SX ~ QU~XTI~ LX~ ~~ ~- ~ ~ OF 030,000.00 Ires #I~Cl AGII:BleZIT BETMaIN COLLIER COUNTY AND THE SCHOOL BOARD OF COLLIIR COumxx F011 TMZ I~!IIK)2I OF FROVIDIMG USI OF SCHOOL BUSES TO TIUJeSPOlrf PJIJIXS AMD I[IClIXtTIOM FROG1U~ PAXTICIPANT8 FROM AUGUST 8, 1993 UNTIL A~ 21, 1~4 ltem elGD1 A~/m, OvmJUID sasCuam ~ 8ATISFACTIOM 0F NOTICI OF PRONZSI TO PAT AND At~tglMglTTOgX'TI~DPABtglT OF 8ZMER IMPACT !rg~8 FORDAVIDIJfi) MARY · ~AI"Tr, Mlff MID FATHZCIA BENEDICT, CALlfrO ~.ND !1~C18 Br~o, N~IDI ~!~, V/~Csm, ~ LC)RZI PANIPINTO. AND MARK PHILLIPS ],ll~]rl) MO. 12-2116 TO AC!L{8 · SO)IS ]'OR PLUNBING RENOVATZOMWORK AT '"fO ~ JavL 11'Iq{1 AMO~ OF $21,240 ltes ele~ ami, m,,.,,m A FZ]tFr &NBIZ]IZNT TO A431t&INZYr AND A SlC011D AN~MINIZirr TO ,l~ !mEOV'XDX]IO ~)lt AN ]ZTgNSXOM TO COKPLgT] THa S~][]tlff*S OF!rXCH MUL~I,d~DIm TRAINIMG FACZLITT ,o. OOO ,,..: 7UP.g. ,I See Page',' November 23, 1993 sas,~amNI'IelQ:IMXlTTO~ANDOpZi~TI ~ llIeOIALI~URGINTCAItl CLINIC ~~~ 30, 1994 See Page. 16~-- Deleted /~/-/oz ~" Itemlie -Noved to Item #8H3 TO ll~s!Ieq~CliIII Ol~21tNO. i TO CONTNACT FO. g3-1ggg, LMIDSC&F2MID rRILTIIrlOF ~ FOR P!iASI X OFT!r2 XIIIOKkI~IINIDXMI IIIUTIFI28TZC:I"!slO,TICT liTEl &IIOUNTOF $18,454.76 See Pages IINrITIQIIL~ IIZQQTZON OF 2280,000 OF PItIOR PILlCAN BAY ~ DIITIICT IlIT21~ I~IXiGBIINT 21~CIAL ltSSZ~SNINT BONDS IIZJCI~TatII~ COIXISPONDKNCI - FILZD MID/OR REFER!tED The following miscellaneous correspondence was flied and or -, SO Page 32 Novembmr 23, 1993 There being no further business for the Good of the Gouty, seering ~s adjourned by Order of the Chair - T~me: 4:20 P.M. ,r the BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPKALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN Page 33