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BCC Minutes 12/21/1993 R Naples, Florida, December 21, 1993 LET IT BE REMEMBERED, that the Board of County Commissioners In and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. 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 John C. Norris Michael J. Volpe Betrye J. Matthews ALSO PRESENT: John Yonkosky, Finance Directoz'; Sue Barbirettt, Recording Secretary; Ellie Hoffman, Deputy Clerk; Nell Dotrill, County Manager; Ken Cuyler, County Attorney; Dave Welgel, Heidi Ashton, Martha Howell and Richard Yovanovtch, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Dick Clark, Acting Community Development Services Administrator; Tom Olliff, Public Servicez] Administrator; Mike Arnold, Utilities Administrator; Ken Ptneau, Emergency Management Director; John MadaJewskt, Project Plan Review Manager; Tom Conrecode, OCPM Manager; Mike McNees, Budget Director; Vlad Ryziw, Transportation Engineer Project Manager; Russell Shreeve, Housing Program Analyst; David Russell, Acting Solid Waste DIrector; Tom Whitecotton, Human Resource Director; Ken Baginski, Current Planning Manager; Steve Brinkman, Parks and Recreation Directoz'; Ron Nlno, Planner and Sue Ftlson, Administrative Assistant to the Board. Page 1 December 21, 1993 (14a) Ztsm #2 &G:ENDA - APPROVED ~ITH CHAB0t~S Couissionmmr Norris moved, seconded by Couisstoner Consta~ntine m~d carried u~mAmously, to approve the agenda with the chaLnges as detailed on the Agenda Change Sheet: · ':7 '. Page 2 -m December 21, 1993 (15o) Itsm CONSENT AOENDA - APPROVED AND/OR ADOPTED The motion for approval of the consent agenda is noted under Item #16. (160) Item #4B EMPLOYEE SERVICE AWARD - PRESENTED Commissioner Volpe presented the Service Award to the following Collier County employee: Patricia A. Hall, 10 years, Social Services (182) Item #5A BUDGET AMENDMENTS 94-81, 94-84, g4-Sl, 94-89, g4-93 AND 94-gg - ADOPTED Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously, that Budget Amendments 94-81, 94-84, 94-81, 94-89, 94-93 and 94-99 be adopted. Item #6D PAYMENT OF THE FIFTH CALCULATION OF ARBITRAGE REBATE DUE TO THE INTERNAL REVERu~ SERVICE ON THE UNSPENT PROCEEDS FROM THE $13,750,000 CO~ERCIAL PAPER PROGRAM - APPROVED Finance Director Yonkosky stated that this item is a request for payment of the Fifth Calculation of Arbitrage Rebate on the unspent proceeds from the $13,750,000 Commercial Paper Program. He explained that at the last request the Board approved a written request to the I.R.S. to obtain a reduction on the rebate but no action has been taken to date. Finance Director Yonkosky announced that after the sixth and final calculation he will request a conversion back to the five year arbitrage rule. Commissionerr Norris moved, seconded by Commissioner Constantine to approve the payment of the Fifth Calculation of Arbitrage Rebate. In response to Commissioner Volpe, Finance Director Yonkosky 12 Page 3 December 21, 1993 replied that as of this morning $2,300,000 has not been spent and interest earned is approximately $1,S00,000. Finance Director Yonkosky revealed that the Transportation Department and Finance Department will attempt to have a resolution adopted which will amend the programs covered under this project and try to spend the remaining funds before the next calculation. Upon call for the question, the motion carried unanimously. (366) Item CAPTAIN EDWARD DAY RE INNOVATIV~ PERSONNEL MANAGEMENT CONCEPT - STAFF DIRECTED TO COIlDUCT A STUDY AND REPORT BACK TO THE BCC Captain Day reported that Mr. Keller was t11, therefore, he would present this petition. Captain Day disclosed that this personnel concept could save Collier County $50,000,000 in the next five years and much more in the out years. Captain Day explained that this plan proposes to fill management positions with retired executives. He advised that implementation of this concept will require thorough study and requested authority to conduct a three to four week study to measure the application of this concept to government and develop a plan of implementation with par- ticipation from Staff. Commissioner Saunders remarked the concept is extraordinary in the amount of savings proposed. In response to Commissioner Volpe, Captain Day responded that Collier County has a wealth of retired executive personnel who become interested in government. He explained that the new social security tax coupled with increased medical costs provide the need for addi- tional income for retirees. He indicated that his proposal will allow retirees to work four to six months of the year without having to compromise their social security. Captain Day acknowledged that no one would be demoted or fired, but positions would be replaced as attrition occurs. Page 4 December 21, 1993 The following people spoke on the sub3ect: James Kramer Dr. Fay Biles County Manager Dotrill remarked that the concept holds a great deal of promise. He pointed out that further study ts necessary to determine what spectrum of the pay plan would be best suited for the concept. He that the proposed savings apply to total County employment and would include all Constitutional Officers. Commissioner Norris noted that a wealth of talent is not being utilized in Collier County. Commissioner Volpe commented that he is supportive of the concept and study. He revealed that although the concept must be explored, the opportunity for mobility for the young profesetonals within our community must be provided. County Manager Dotrill expressed his concern regarding the retired volunteers that presently work in the County. He stated that he wants to promote absolute volunteerism. Commissioner Norris moved, e.econded by Commissioner Volpe to direct Staff to assist Captain Day in his study and return to the Board of County Commissioners with the results. Commissioner Matthews remarked that safeguarding continuity imperative. Upon call for the question, the motion carried unantaously. (1166) Item CAROLTR &ND ROBERT ATKINS RE LIEN ON HARC0 ISLAND LOT - WITHD1UkWN County Manager Dotrill announced that this item has been resolved. (1175) Item #TD GARY HAlrgS l~/BACEIrf, OW ORDINANCE - NO ACTION Gary Hayes, representing the Collier County Plumbing and Mechanical Contractors Association and American Subcontractors Association, announced that he would like to introduce an ordinance He presented that will protect our drinking water from contamination. 000 14 Page 5 December 21, 1993 the backflow ordinance and letters of endorsement to the Board. Mr. Hayes announced that this ordinance has been approved by the State Department of Environmental Protection, endorsed by the Naples City Utilities Division and is currently being reviewed by the Florida Cities Water and Marco Island Utilities Department. In answer to Commissioner Volpe, Mike Arnold, Utilities Administrator, replied that Q+ Team has been working on this ordi- nance for 18 months. He confirmed that Staff will present this ordi- nance to the Board in late January. (1475) Item JOHN F. HOOLEY, REPRESENTING VEGA, BROWN, STANLEY, MARTIN a ZELMAN RE EAST NAPLES CIVIC ASSOCIATION/BEAUTIFICATION COMMITTEE - CONSENSUS TO DIRECT STAFF TO WORK WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION John Hooley, representing the East Naples Civic Association, stated that the Florida Department of Transportation (FDOT) has plans to improve U.S. 41 East and C.R. 84. He commented that the Beautification Committee would like to have the medians landscaped but realize that the expense is too great to petition the Board to pursue this presently, however, they are requesting that the Board consider working with FDOT to have the utilities and sleeving installed in the medians so that future landscaping plans may be implemented. Transportation Services Administrator Archibald announced that Staff can proceed with the preparation of a two-party agreement with the FDOT and Collier County. He indicated that from the timing stand- point the expenditure according to the FDOT timetable will not be necessary until 1995. In response to Commissioner Constantine, Mr. Archibald replied that the cost for sleeving may approach $32,400, which will be a substantial saving if it is done during the construction phase in 1995/1996. Commissioner Constantine asked what is the funding policy? Mr. Archibald responded that one of the policy issues regarding different road classifications and funding sources that would lmple- Page 6 December 21, 1993 merit median landscaping is an agenda Item that Staff will present to the Board in the early part of 1994. Commissioner Volpe noted that there is precedent as part of the expansion of the transportation links on the North Trail and AIrport Road. He indicated that anticipation of a beauttficatton program makes sense from a planning perspective and it is cost effective. It was the consensus of the Board of County Commissioners to direct Staff to work with the Florida Department of Transportation in anticipation of median beautlftcation. Commissioner Norris stated that he is fully supportive of the direction to Staff. (1831) Item Sea2 RESOLUTION 93-612 ESTABLISHING COLLIER COUNTY'S HISTORIC AND ARCHAEOLOGICAL FRESERVATION BOARD AS A FLORIDA CERTIFIED LOCAL GO~NT - ADOPTED Planner Ray Bellows announced that the Historic and Archaeological Preservation Board is required to be a Florida Certified Local Government in order to review and make nomination proposals to the National Register of historic places. He noted that other benefits include the ability to receive grants toward preservation programs and State assistance in archaeological projects. Commissioner Constantine inquired if there would be any respon- sibility that would come along with these designations? Mr. Bellows replied that this request would not adopt any controls or changes. In response to Commissioner Volpe, Mr. Bellows replied that the Preservation Board presents the nomination to the Board of County Commissioners for final recommendation. Arthur Lee, Chairman of the Collier County Historic and Archaeological Preservation Board, confirmed that the Board of County Commissioners approves the request to become the Certified Local Government. Comll~lstoner Constantine moved, seconded by Commissioner Mitthews Page 7 Decsaber 21, 1993 and carried unanimously, that the HIstoric and Archaeological Preservation Boa,rd is required to be a Florida Certified Local Governsent, thereby adopting Resolution 93-612. Page 8 '1 December 21, 1993 (2OOO) Item #8A3 APFROVAL OF TH~ FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY & COLLIER COUNTY CONCERNED CITIZENS, INC. Russell Shreeve, Housing Program Analyst, presented the changes to the agreement and explained that several years ago the County received a grant and awarded $300,000 to the Collier County Concerned Citizens, Inc., to build an adult congregate care living facility in Immokalee. He indicated that this was done and after a year it was determined that the residents of Immokalee did not wish to live there under the conditions established by Collier County Concerned Citizens. He reported that Hospice of Naples has taken over the operation of the facility. Mr. Shreeve concluded that the amendment reflects these changes. Commissioner Volpe moved, seconded by Commissioner Norris and carried unanimously, that the First Amendment to the Agreement between Collier County and Collier County Concerned Citizens, Inc. be approved. Page 9 December 21, 1993 (2162) Xte, REPORT ON PII[~ RIDGE SUBDIVISION TRAFFIC CONDITIONS AND RECO~[~JNDATIONJ OF TH~ PINE RIDGE TRAFFIC COMMITTEE, CITIZENS FOR A SAF~ N~IUn~ORHOOD AND STAFF - VANDERBILT BEACH ROAD FaYtENSION EAST TO TAKE PRIORITY OVER VANDERBILT BEACH ROAD EXTENSION WEST, STAFF TO FACILITAT~ FRIORITY CHANGE, INTERIM "TRAFFIC CALMING" PROCEDURES TO BE INVESTIGATED ,k Transportation Services Administrator Archibald reported that this agenda item reviews the recommendations for traffic control conditions within the Pine Ridge Subdivision. The following people spoke on the subject: Sandra Reich Anthony Plres Paul Stetnmetz, Jr. Tmpe #2 Tyler Day Cliff Schneider Dave Wagner John Swanson Gene Plstort Terri Tragesser Larry McKinney Sally Barker Bill Yag Arnold Dehart Richard Graham-Yooll Stephen Wodltnger Chrts Straton Vera Fitz-Gerald Transportation Services Administrator Archibald announced that Staff and the community has looked at three different measures and advised the Board on Staff's recommendation on each. Mr. Archibald noted that the first deals with the re-establishment of the barricad,:s. He informed the Board that the intersection of Goodlette Frank Road and North Cartca Road was bullt to serve the Pine Ridge Subdivision, although cut-thru traffic does exist the residents of the subdivision also use the intersection, therefore Staff does not recommend the use of barricades at this time. Transportation Services Administrator Archibald stated that the second measure deals with internal traffic control. He indicated that various traffic controls have been investigated and Staff concluded that rather than solve the traffic problems the controls would Just move the problems from one street to another. Mr. Archibald concluded that the only measure that Staff feels is in need of further review is whether it is practical to consider access controls that would reduce the amount of traffic that would be attracted for cut-thru purposes. Page 10 December 21, 1993 Commissioner Matthews asked if a local road is ideally no more than 1,000 cars per day, why is Vanderbllt Beach Road Extension not from U. S. 41 to Goodlette-Frank Road on the Capital Improvement Element as a concurrency item? Commissioner Saunders suggested that one of the reasons that the extension is not a concurrency driven road is that it is a non- existing road. He requested that Mr. Archibald confirm that reason. Mr. Archibald replied that the Vanderbilt Beach Road extension has always been on the County's work plan. He stated that if there is not a concurrency condition to the north and south it is not concurrency driven. Commissioner Volpe concluded that there is a problem with traffic volume and speed. He stated that this issue comes close to violating the Growth Management Plan which discourages cut-thru traffic. Commissioner Volpe announced that he could not support Staff's recommendation for further study. Commissioner Constantine suggested that a solution may involve enforcing traffic regulations. Commissioner Saunders, referring to a statement made by Mr. Day, announced that the context in which he voted to remove the barricades was that the Vanderbllt Beach Road extension between U.S. 41 and Goodlette-Frank Road would be completed in a timely fashion. Commissioner Saunders concluded that the solution is simply to complete the Vanderbtlt Beach Road extension. Commissioner Saunders remarked that he has conferred with the engineers concerning the design work that has been done for the Vanderbilt Beach Road extension west from U. S. 41 to the Gulf of Mexico and those design plans could be shelved for a year or two. He suggested that Vanderbilt Beach Road extension east is of critical importance to the transportation network and urged the Board to sup- port changing the priorities in the Capital Improvement Element whereby Vanderbilt Beach Road extension east moves ahead of Vanderbilt Beach Road extension west. ,oo 0e0 168 Page December 21, 1993 Commissioner Saunders mentioned that Ms. Straton's suggestion regarding "traffic calming" methods should be considered for the interim period to solve the immediate problems. Commissioner Norris revealed that he supports the suggestion. Mr. Archibald reported that Staff will present an agenda item that recommends that Vanderbllt Beach Road extension west of U. S. 41 be kept in the work plan because a great deal of activity occurring in that area will create a concurrency problem. Commissioner Volpe commented that the ultimate solution is the extension of Vanderbilt Beach Road. He asked if there were any interim types of measures that could help to reduce the magnitude of traffic volume? Mr. Archibald replied that Staff feels that internal traffic control measures will reduce the cut-thru traffic. Ccemiseloner Volpe moved to re-establish the barricades at North CaTice Ro~d as the County works toward the Vanderbilt Beach Road extension. Commissioner Volpe withdrew his motion. ~ieeloner Volpe moved to direct Staff to explore what opportunities as'F exist, without a large expenditure, to help design the intersection of North Carica Road and Goodlette-Frank Road with the recommendations made this date which would accomodate the resi- dents of Pine Ridge and the community. Motion died for lack of a second. Commissioner Constantine commented that on January 26, 1993, Staff was directed to remove the barricades and have a short test period to determine what internal measures were necessary. Transportation Services Administrator Archibald replied that some internal measures were tested for less than 24 hours because they were not respected. ~lseloner Ssunders moved that the Vanderbilt Beach Road exten- sion to the east take priority over the Vanderbllt Beach Road exten- sion to the west; that Staff be directed to facilitate the priority Page 12 December 21, 1993 change immediately and that in the interim "traffic calming" tech- niques be investigated. Seconded by Commissioner Volpe. Commissioner Constantine commented that he will support the motion but does not agree that the Capital Improvement Element should be changed at this time. Upon call for the question, the motion carried unanimously. eta l:)~1~utY Clerk Hoffman replaced Recording Secretary Barbiretti Tape e3 Item EXCAVATION PERMIT N0. 69.490 "VALENCIA AT ORANGETHEE - LAKX BOUNDED ON THE NORTH BY OIL WELL ROAD, ON THE EAST BY THE GOLDEN GATE CANAL, ON TH~ SOUTH BYRANDALL BLVD. AND ON THE WEST BY IMMOKALEE ROAD - APFROVEDWITH STIPULATIONS AS AMENDED Project Review Services Manager MadaJewski stated that this item is a commercial excavation permit in the Orangetree Subdivision. He indicated that the applicant proposes to excavate 594,000 cubic yards of material from the site. Mr. Jeff Davidson of Wilson, Miller, Barton & Peek, Inc., advised that the lake will be approximately 43 acres. He noted that the exca- vation is proposed to be completed in approximately two years. Mr. MadaJewskt noted if the operation ceases for a period of 60 days, the applicants will need to shape and stabilize the stockpiled material until such time the operation can be resumed. Commissioner Matthews voiced concerns with regard to 52,000 cubic yards of material being kept on the site and questioned whether there is a provision for temporary fencing. Mr. MadaJewski pointed out that Stipulation #9-C requires a 4 foot high fence if stockpiling exceeds 4 feet in height. Mr. Davidson stated that the area in question is approximately 3/4 of a mile from the residential area in Orangetree and is currently fenced. Mr. MadaJewski remarked that the language in Stipulation #9 could be clarified to indicate that the stockpiled material of 62,000 yards to be retained on site ie to be mandatorlly fenced in. Page 13 December 21, 1993 Commissioner Matthews suggested that Stipulation #9 be amended to reflect that at anytime the stockpile reaches 4 feet in height, a four foot high fence shall be provided. Mr. Davidson concurred with the amendment. Cosaleeloner Norris moved, seconded by Commissioner Constantine and carried unanimously, to approve the issuance of Excavation Permit No. 59.490, subject to staff's stipulations, as amended. (198) Item #8C1 REPORT ON THE PROPOSED LOCATIONS FOR A FRESIiWATER BOAT LAUNCH FACILITY IN TH~ ~OLDEN GATE AREA - STAFF TO PURSUE 5rE STREET SITE AND 39TH ST. SITE FOR AM APPROPRIATE PRICE; POLICY TO BE ESTABLISHED RE BOAT TRAFFIC AND SIZE AND LEGAL STAFF TO RgVIEW ISSUES Rg LOADING AND UNLOADING INTO FRESH WATER AND ENVIRONMENTAL ISSUES Public Services Administrator Olliff presented a handout depicting the freshwater boat ramp location options within the Golden Gate Golden and Gate Estates areas. He described the size, location and cost of the seven sites. Mr. 011iff advised that staff is recommending the 5th Street S.W. property which is owned by Apac-F/orida, Inc., as the primary boat ramp location. He indicated that this site is accessed by 5th Street and there is a bridge over the canal. He advised that staff would like to pursue a three acre boat ramp facility which would give boaters access to an eight mile canal area. A discussion ensued with regard to the various sites. Commissioner Constantine noted that the School Board owns the 39th Street S.W. location and they prefer to sell the entire 20 acre parcel at $9,000 per acre. He indicated he does not believe there is an overwhelming demand for the 20 acre site and suggested there may be room for negotiating same. He remarked that the 39th Street S.W. and 5th Street S.W. locations are appropriate sites for the facility. Commissioner Vo/pe indicated that as part of the overall con- sideration, there should be a policy in place relative to the size of boats that could be launched. He stated that this could have a signi- ficant impact on the residents within the City of Golden Gate and the 171 Page 14 December 21, 1993 Estates area, Commissioner maunders explained that the water quality issue should be evaluated, noting that perhaps Environmental Services Administrator Lorenz should be involved in this regard. Mr. A1 Perkins spoke with regard to this item. Coesetsstoner Constantine moved, seconded by Commissioner !~tthews and carried unanimously, that staff be directed to pursue the 5th St. S.W. and 39th St. S.W. sites and come up with a more appropriate pri- ce; establish a policy on boat traffic and size; that the legal staff be directed to look at the appropriate issues with regard to loading and unloading into fresh water; and that the water quallty and environmental issues be explored. (955) Item eSgl REC~TION TO APPROVE THE APPOINTMENT OF THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR= ESTABLISH THE FY 1994 OPERATING BUDGZT AND AUTHORIZE THE CREATION OF A SECRETARIAL SUPPORT POSITION - NO ACTION; STAFF TO COME BACK 1/4/94 Human Resources Director Whitecotton recalled that on December 14, 1993, he was directed by the Board to contact the three applicants, as recommended by the Airport Authority. He advised that he spoke with each applicant, but has not been successful in negotiating an agreement or Job offer with any of the candidates. Mr. Whitecotton reported that Mr. Soltdy declined the position on December 17, 1993; Mr. Kartbo has accepted a position with an engi- neering firm from New York; and Mr. Sokol also declined the position. Mr. Whitecotton stated that he contacted the Airport Authority and a special meeting will be held on December 28, 1993, to develop a plan of action of alternatives and suggested that the plan be presented to the Board on January 4, 1994. No action was taken on this item. The Board concurred to have the plan presented on January 4, 1994. (1025) Item #SF1 AGRHXMXNT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WILLIAM T. HIGGS, FRESIDE~T OF COAST COMMUNITIXS CORPORATION, WHICH SP=CIFIES ACTIONS TO BE RECOGNIZED AS FULL COMPLIANCE AND MITIGATION OF THE Page 15 December 2X, i993 HURRICINI EVACUATION REQUI~S OF DEVELOPMENT ORDER 83-1 AND THE HURRICANE EVACUATION MEASURES OF THE BERKSHIRE LAKES I'UD - DEVELOPER'S PLAN AI'~I~OVED WITH MODIFICATIONS Emergency Management Director Pineau reported that Coast Communities Corporation has entered into an agreement with Naples Christian Academy for offsite mitigation relative to a hurricane shelter. He explained that shutters would be installed on the doors and windows in addition to an emergency generator hook-up. He advised that off-site mitigation is contrary to the Board's direction of May 4, 19930 which directed staff to look at on-site mitigation. Mr. Ptneau stated that the off-site mitigation would have a far greater value to the residents of Berkshire Lakes and Collier County in general since it would provide an additional 700 shelter spaces and be built at a higher level than the existing shelters in Berkshire Lakes and would be usable up to a category 4 hurricane. He noted there would be a much greater use on a continuing basis to use this shelter for tropical storms and minor category I storms. Mr. Plneau affirmed that the on-site mitigation would be used only by the residents of Berkshire Lakes. Mr. Pineau revealed that the Southwest Florida Regional Planning Council (SWFRPC} ie supportive of the off-site mitigation. Commissioner Constantine recalled that last year the Board clearly gave direction that the hurricane shelter was to be on-site. Commissioner Volpe remarked that staff has explored an alternative to the direction that was provided. He stated that Mr. Trescott, of SWFRPC artended the last meeting and attempted to educate the Board as to the merits of actually providing on-site hurricane shelters in these types o[ communities, but they are are not recommending these types of shelters whether they are on-site or off-site. He noted that having four separate buildings with 3,000 square feet does not seem to be the solution. Commissioner Saunders questioned the staffing of the shelters. Mr. Ptneau advised that the shelters are manned by a combination of Page 16 December 21, 1993 principals of the various schools and shelter managers who are trained by the Red Cross. Commissioner Norris requested clarification relative to Items #2 and #3 of the developer's plan. Mr. Tom Peek, representing Coast Communities Corporation, explained that the facility would be provided prior to the issuance of the last certificate of occupancy in Parcel D. Commissioner Norris remarked that if the last unit is not sold, the developer would not be required to provide the facility. He noted that #3 specifies ..."prior to the final certificate of occupany issued for Parcel E residences or within four years, whichever is the earliest." Mr. Peek stated he believes the four year time frame could be applicable in both structures. Mr. Peek remarked that a review was made of on-site space comprised of three locations with combined space which would meet the required 1],400 square feet. He reported after reviewing this option and learning that the SWFRPC and the State Emergency Management Departments desire consolidated shelter spaces, other available alter- natives were considered. He explained that Naples Christian ACademy is located 800' outside the bounds of Berkshire Lakes but within easy access for the residents, noting an investigation was conducted and it was determined that there was approximately 14,000 square feet of space which would meet the Red Cross Shelter requirements as well as the Emergency Management Shelter requirements. He noted that this proposal was suggested to Mr. Pineau as an alternative and he indi- cated that it could comply. Mr. Peek advised that the State has, within DRI's, accepted miti- gation in lieu of on-site space or other mitigation in lieu of space to meet the hurricane evacuation requirements. He affirmed that only 12% of the total structures within Berkshire Lakes would be subject to evacuation. The following persons spoke with regard to this item: Page 17 December 21, 1993 Dr. Loren Wenzel, Headmaster of Naples Christian Academy Sandra Morganstein w/petition Randy Ayala Commissioner Saunders questioned whether the total amount of money the developer would be spending in reference to making the improve- ments to the Christian Academy would be equivalent to the amount that would be required to develop the on-site shelters. Mr. Peek replied that he believes the amount would be slightly more than the amount that would be required for the proposed clubhouses at Berkshire Lakes. He indicated that the off-site impro- vements would cost approximately $25,000 more than changes to the pro- posed and anticipated club facilities. Commissioner Constantine questioned the cost of retrofitring the Naples Christian Academy. Mr. Brtan Paul, of Coast Communities Corporation, advised that the Academy has agreed to provide the school facilities on a perpetual basis and in return, the developer will provide $70,000 which includes the cost to retrofit the building to shelter standards. In response to Commissioner Saunders, Mr. Paul revealed that the dollar outlay would be the same as the per square foot cost to add to the three facilities on-site. He indicated that approximately $10,000 of the 870,000 would go toward the retrofitring of the Academy. Comm~ssioner Constantine remarked that if only $10,000 is going toward the hurricane shelter needs, he is uncertain that the people of Berkshire are getting a fair shake. Commissioner Saunders stated If it was going to cost the developer $70,000 - $80,000 to provide the shelters on-site, the same amount of money should be going toward the hurricane evacuation shelter program off-site. Commissioner Norris noted that the facilities at the Christian Academy will accommodate 700 people and the demand from Berkshire will be 537. He questioned whether the residents of Berkshire would be assured of having a slot at the shelter since it will be open to the Page 18 December 21, 1993 public. Mr. Ptneau replied that 700 shelter spaces would be provided, however, there ~qould be no assurance that the Berkshire residents will be accommodated. Commissioner Constantine stated that this is not a county wide Issue, but rather a Berkshire issue. He indicated that the developer has to be held to his promise to those residents. Commissioner Constantine remarked that the PUD demonstrated that a hurricane shelter would be provided on site and a year ago, an attempt to mitigate that for a generator and cots failed. He recalled that the Board voted to require the developer to fulfill his ortglnal commitment of 11,448 square feet of space. Mr. Thomas Maloney, representing Coast Communities Corporation, advised that when consideration was given to the Naples Christian Academy it was done on behalf of the Berkshire Lakes residents. Commissioner Volpe moved, seconded by Commissioner Constantine and carried 4/1 (Commissioner Sattnders opposed), to accept the developerss plan as ~utlln~d in the December 14, 1993 letter, wttb the modifica- tion relatin~ to Structure #2 that the construction of the hurricane shelters on site be tied to the issuance of the building permit or within four ye&rs, whichever event occurs first, and deleting the second Paragraph of Item #2. SEE PACES 408 - 410 FOR LETTER (3000) Item IBGI DII~ECTION FROM THE BOARD RE POTElrrlAL REVISION OF TIPPING FEE FOR CON51~UCTION/D[]~OLITION HASTE - TIPPING FEES REDUCED FEON 825 to 820 PER TON Acting Solid Waste Management Director Russell stated that this item addresses reconstderatton of the construction/demolition tipping fee at the Naples Landfill. He advised that the current rate is $25 per ton and staff is requesting that the fee be reduced to $20 per ton based on the reduction in the C/D recycling contract. Commissioner Constantine remarked that this is a user fee, and if the County's costs have decreased, this certainly should be passed on Page 19 December 21, 1993 to the people doing the tipping. Cosaisstoner Constantine moved, seconded by Commissioner Norris to approve staff's recommendation. The following persons spoke with regard to this item: Doug McGtlvra Robert Schubrtng Treyor Tibstra Whir Ward Upon call for the question, the motion carried unanimously. (3465) ltem eel~l FINAL ALIGNMENT FOR VANDKRBILT BEACH ROAD FOUR LANING IMPROVEMENTS B~ U.S. &l AND AIRPORT-PULLING ROAD, CIE PROJECT NO. 023 - Office of Capital Projects Management Project Manager Ryziw explained that this item is a status report of the engineering and environmental services performed by Westinghouse Communities of Naples, Inc., pursuant to a two-party agreement dated January 12, 1993. He requested Board approval of the final alignment for Vanderbtlt Beach Road, as proposed. Tape #4 Addressing concerns expressed by Commissioner Constantine, County Manager Dotrill stated that this Vanderbilt Beach roadway has a large area of Jurisdictional wetlands that will need to be disband and there will be significant costs involved as well as off-site mitiga- tion. The following persons spoke with regard to this item: Bob Sommer Sewell Corkran Mr. Ryziw advised that the agreement with Westinghouse sets forth six conditions that the developer is responsible to undertake: alter- native road alignment studies; construction and right-of-way cost estimates; environmental studies; preparation and submittal of environmental permit applications; stormwater management designs and permitting; and the development of mitigation programs for the ulti- mate build out of Vanderbilt Beach Road. Page December 21, 1993 Mr. Ryztw explained that the developer's obligations have been completed. He affirmed that staff has been reviewing and monitoring the developer's activities and there have been various communications with the environmental agencies and with the community through workshops. Mr. Ryztw requested Board approval of Alignment #1 as shown in the Executive Summary and that staff be directed to continue activities in the preliminary engineering, right-of-way and environmental per- mitting stages as provided in the January 12, 1993 Agreement with Westinghouse; and to pursue the final design, final permitting and final mitigation plans based on Alignment #1. In response to Commissioner Volpe, Mr. Ryziw advised that the cost difference between Alignment #1 and Alignment #2 is approximately $419,000 which will be absorbed by the developer, as per the Agreement. ~teelomer Norris moved, seconded by Commissioner Volpe and cs~r]e4 unanimously, to approve staffts recommendations. (471} Irelie el2 REQUEST THAT TB~ BCC R~VI~ TH~ EXISTIN~ COUNTY PETTY CASB POliCY WIT~ RZGARD TO RZIMBURSEMEMT OF EXPENSES FOR THE COUNTY MANAGER'S OFFICE - POLIC~ AND ~UIDELIMES FOR MANAGER'S OffiCE TO BE THE SAM~ AS THOSE FOR OTHER FETTY CaSH FUNDS County Manager Dotrill recalled that he was directed by the Board to bring back for review the current County Petty Cash Fund Policy. He explained that any money for coffee in his office, comes from his salary. County Manager Dotrill stated that the Board recently participated in a working lunch at the Utilities Division and the employees paid for the lunch. He indicated on rare occasion, there is a Justifiable expense for something of this nature. Commissioner Matthews remarked that Ordinance 87-5 provides for meals, etc. during workshops and in-service training sessions. Caealeatoner Volpe moved, seconded by Commissioner Constantine not Page 21 December 21, 1993 to establish any kind of petty cash ~oltcy for the Manager's Office, since there is no Justification, based on what has been presented. Upon call for the question, the action failed 2/3 (Commissioners Morris, Matthews and Saunders opposed). Cstsstoner Volpe moved, seconded by Commissioner Norris and carried 4/1 (Commissioner Constantine opposed), that the sue petty cash poltc7 be applied to the Manager's Office as that of all the other 54 petiF cash funds that exist within Collier County Government. see !~sed: 2:45 P.M. - Reconvened: 3:00 P.M. at which time Recording Secretary Barbtrettt replaced Deputy Clerk Hoffman (744) Item USE OF COI~FISC&TED T~UST FUIVD8 TO PURCHASE A SPEED MONITORING &IU/ENF~S R&DAJ TR&ILER (SKA/T) AND COHFUTZR - APFROVXD Deputy Darryl Addison explained that this radar trailer would alleviate the use of additional personnel in order to monitor traffic speed. Commissioner Morris moved, seconded by Commissioner Matthews and carrled unanimously, to approve Staff recoaueendatlon on this 1tea. (785) ltea d~H3 DRAINA6'2 BASEMENT FROM ABBEY ON THE LAKE I, INC. WHICH WILL ALLOW THE STORMWAT~RMANaGEMEIrr DEPARTMENT THE AUTHORITY TO CONSTRUCT AND MAIEYAIN & DRAINAGE OCTFALL TO DIRECT THE FLOW OF STORMWATER FROM THE ROYAL COV~ II SUBDIVISION - ACCEPTED Tom Conreccde, Office of Capital Projects Management Director, indicated that this item will correct a drainage problem that exists in a portion of the subdivision. He reported that the recording cost is $10.50 with no other obligation from the County until the time that all easements are obtained. C~test~ner Volpe moved, seconded by Commissioner Matthews and carried In~antacmsly, that the drainage easement be accepted and authorize Staff to record sue. 000 179 Page 22 (848) Ttma e:lOA December 21, 1993 RXSOLUTIOI 93-613 RE FDOT 5 YEAR WORK PLAN AMXNDNEIITS - ADOPTED Commissioner Volpe stated that the MP0 was advised at the last meeting that the Florida Department of Transportation had revised their 5 year work plan and the result of this revision may have signi- ficant impact upon the community. Jeff Perry, Chief Transportation Director, reported that the issues must be kept in perspective, noting that three projects have been deferred for approximately two years and four projects are changing substantially in cost. He pointed out that two critical items deal with U.S. 41 North. He disclosed that one item is the segment of U.S. 41 from Myrtle Road to Immokalee Road which is being deferred from 1995 to 1998 and from a concurrency standpoint it is operating at 80~ saturation, therefore, that deferral should not create a concurrency problem. He revealed that the second item is Immokalee Road north to Wiggins Pass Road and it is being deferred from 1997 to 2000 and is operating at a similar level. He confirmed that the cost of both items will increase substantially. Commissioner Volpe questioned the Justification of moving these items out of the 5 year window? Mr. Archibald explained that some environmental rules are changing which affect road type and design. Transportation Services Administrator Archibald stated that at this time Staff recommends that the County wait and see what the State proposes and not pursue funding at the County level. Jeff Perry, Chief Transportation Planner, remarked that the issues must be kept in perspective of the entire work program. He stated that funding is the basic problem. Mr. Perry recommended that the Board of County Commissioners and the Metropolitan Planning Organization express their displeasure with an increase in the cost of the projects. He suggested that the Board direct Staff to work with the FDOT in an effort to lower the cost. BOOK Page 23 December 21, 1993 Sewell Corkran Hark J, Gillis JustVna Ford Chrts Straton Bill Neron In response to Commissioner Constantine, Commissioner Volpe replied that the comment period would end on December 27, 1993. ~tsstoner Volpe moved, seconded by Commissioner Constantine and carried unanimously, to direct Staff to draft a letter and resolution to the Flortda Department of Transportation stating the concerns of the Board of C~u~ty Commissioners as they relate to changes to the 5 year work program, in particular; the addition of the right-of-way compcx~ent, the ~verall increase in cost, the desire for Staff to work with the FDOT to see if the cost amy be reduced, objecting to the removal of the ee~senta of U.S. 41 from Myrtle Road to Immokalee Road and Imsokalee Road to Old U.S. 41, and delay of the Golden Gate Parkway/Interstate 75 interchange, thereby adopting Resolution 93-613. 183 Page 24 December 21, 1993 (2088) IteaelOB BUILDI!St FIRMIT R~QUIREMENTS FOR PROPOSED RADIO TOWER TO BX LOCATED ON OIL WILL ROAD - BUILDING PERMIT ~GCTENDED FOR 60 DAYS Commissioner Saunders stated that he had placed this Item on the agenda because of a Staff interpretation that needs to be evaluated. Ed Gehring, Building Review and Permit Director, explained that in June 1993, Jack Spies, General Manager of WNPL, requested a building permit extension. He stated that the Board granted that extension with the stipulation that a construction schedule must be provided within 30 days. He indicated that 29 days later, he received a letter that appeared to be a schedule of negotiations. He confirmed that in late November he received a call requesting the status of the exten- sion. He reported that he Informed the caller that Mr. Spies had not complied with the wishes of Board and that the building permit exten- sion had expired. In response to Commissioner Saunders, County Attorney Cuyler replied that if the Board finds that the letter presented is a plan or construction schedule and could be deemed sufficient, it would be legitimate. Commissioner Constantine announced that he did not feel that the letter met the intent of what was required. Commissioner Volpe concurred. He asked who the owner of the site was? Jack Pointer spoke on the subject. In answer to Commissioner Volpe, Bob Blanchard, Site Development Review Director, responded that the Conditional Use is still valid as long as the building permit is valid. Thomas Walsh commented that the necessary capital for the project could not be met and as a result no construction schedule could be provided. Commissioner Saunders indicated that the stipulation imposed has not been imposed on any other building permit extension. Page 25 December 21, 1993 In response to Commissioner Volpe, Mr. Walsh explained that he has been in negotiations with Collier Enterprises to purchase the pro- perty. Commissioner Saunders remarked Jf the extension is not granted, another conditional use hearing will be required and added that this tower is a potential benefit to the 800 MHz system. Dick Clark, Acting Community Development Administrator, suggested that the building permit could be extended with the requirement that within 60 days assurance must be provided from Collier Enterprises along with any safeguards necessary to meet the Board's concerns. Commissioner Saunders moved, seconded by Commissioner Constantine and carried unanimously, that the building permit be extended for 60 daWs and within the 60 day period the construction schedule and per- mission from the property owners must be presented to the Board of County Commissioners. (3231) lte~ 110C PROPO~2D I~:~OLUTION TO INPL~IFr IN INPROVID ZX~CUTIV~ SU~I~LRY AND FXSCAL INPACT STATEMENT FOR PROPOSED RESOLUTIONS AND ORDINANCE OF l R~GULAI~Y NATURE - STAX~ TO IMPLEMENT FISCAL STATEMENT INTO EXECUTIVE suleqArr Commissioner Matthews indicated that the proposed resolution could create a method by which Staff would know what various regulations will cost, who they will impact, what the implementation will cost and what department or agency will be responsible for implementation and enforcement, as well as how many employees may be necessary to do the implementation and enforcement. Commissioner Constantine agreed with this resolution. Commission. st Matthews moved, seconded by Commissioner Constantine to adopt the new executive summary and fiscal impact statement. Upon call for the question, the motion carried 4/0 (Commissioner Norris out ). In response to County Attorney Cuy]er, Commissioner Saunders clarified that although a resolution was included in the executive summary it would not be necessary. ,oo, 0 30 . 187 Page 26 December 21, 1993 (S454) Item e12B1 ORDINARCE 93-92 RE PETITION PUD-93-7, THOMAS E. KILLEN, OF THOMAS E. KILLDARCHITJCT, REPRESENTING JAKOBAND BRIDGITTE EOFSTETTER, REQU~STI!~3 REZONING APPROVAL FROM RESIDENTIAL SINGLE FAMILY - 1 (RSF-1} TO A ONE (1) AND TWO (2) FAMILY RESIDENTIAL FUD TO BE KNOWN SUNSHINE VILLAGE - ADOPTED WITH STIPULATIONS Legal notice having been published in the Naples Dally News on November 3, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Tmpe#5 Tom Ktllen, representing the petitioner, presented a signed docu- ment for an easement through Bear Creek PUD and a letter that confirms agreements with neighboring property owners and the County. Mr. Ktllen explained the drainage problem and the proposed solu- tion. The follo~dng people spoke on the subject: Olsle Anthony Gene Cox In reference to comments made by Mr. Anthony, it was the consensus of the Board to Include the agreement letter in the PUD document. Commlsstoner Saunders closed the public hearing. Commissioner Volpe moved, seconded by Commissioner Norris and carried unanil~nasly, that Petition PUD-93-? be approved subject to stipulations ~md the incorporation of the agreement letter into the PUD document, thereby adopting Ordinance 93-92, as entered into Ordinance Book: 64. (239) Itele12C1 R~SOL~TIOI 93-~11 RE PETITION HD-93-3, LIRDA LINDSAY, REAL PROPERTY SPECIALIST, AB~ NOR JAMRO, MUSB~M DIRECTOR, REFRESKNTING ROSEMARY C exiT, ~E~WJE~TINe OFFICIAL DESIGNATION OF ROSEMARY C~ZKY AS HISTOriCALLY NIeNIFICANT - ADOPTED Legal notice having been published in the Naples Dally News on December 5, 1993, ae evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. In responses to Commissioner Constantine, Planner Bellows etated Page December 21, 1993 that the annual maintenance fee would be $3,000.00. In response to Commissioner Constantine, County Manager Dotrill explained that the perpetual maintenance fee will be budgeted as a museum cost center and will be incorporated as part of the prlvatlzed ground maintenance contracts. Commissioner Constantine announced that this is an ideal oppor- tunity to highlight the past. Arthur R. Lee spoke on the subject. Commissioner Saunders closed the public hearing. Commissioner Norris asked what long term impact this petition will have on the property? Com~tesioner Constantine moved, seconded by Commissioner Norris that Pwtitton HD-93-3 be approved. Commissioner Saunders stated that until the Board votes to move the cemetery it will remain where it is. Commissioner Volpe pointed out that there is an urban interchange planned for Pine Ridge Road and U.S. 41 possibly in 10 years. ~ cmll for the question, the motion carried unanimously, thareb~ adopting Resolution 93-614. Page 28 December 21, 1993 (4o6) Item #12C2 ORDINAI~ 93-93 RE ORDINANCE AMENDING ORDINANCE NUMBER 93-44, TO CORRECT A SCl~IVEI~ERS ERROR RELATIVE TO THE LEGAL DESCRIPTION WHICH DESCRIBES TH~ PROPERTY KNOWN AS QUAIL WEST PHASES I AND II - ADOPTED Legal notice having been published in the Naples Dally News on December 2, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Constantine announced that he would abstain for voting due to a conflict of interest. Commissioner Saunders closed the public hearing. Cceaisstoner Volpe moved, seconded b3F Commissioner Matthews and carried 4/0 (Ccemtasioner Constantine abstained), that Ordinance 93-93 amendix~ Ordinance Number 93-44, be adopted and entered into Ordinance Book 64. 193 Page 29 December 21, 1993 ORDINMICI 93-~4 AMENDING COLLIER COUNTY ORDINANCE N0.72-1, AS M .... ., BY iLDDIIN EXISTING ANDNEW STREET LIGHTING DISTRICTS INT0 THX COLLID COUNTY LIGHTING DISTRICT - ADOPTED WITH CHANGES Legal notice having been published in the Naples Dally News on December 2, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Transportation Services Administrator Archibald reported that this petition is a public hearing to consider amending Ordinance 72-1 by consolidating over 30 existing lighting districts into the Collier County Lighting District. He remarked that this petition not only consolidates the street lighting districts with some exception but also adds four new street lighting districts to include Berkshire Lakes Unit 7, Queens Park at Lago Verde, Phase 3 and 4, Royal Wood Golf and Country Club Unit 3 and a segment of Section 35, Township 49 South, Range 25 East. Commissioner Matthews revealed that she has received phone calls from residents of Turnbury. Transportation Services Administrator Archibald announced that Turnbury is being excluded from being rolled in because they are not being taxed and they have voiced opposition to overhead street lighting. Mr. Archibald remarked that one of Staff"s recommendations is to try to address the processing problem of new subdivisions by requiring new developments to include street lighting as a concurrent infrastructure requirement. Commissioner Volpe stated that he supports the consolidation. He asked if it were possible to lnclude Marco Island in the consolidation? Mr. Archibald confirmed that the Marco Island lighting district is being included. in the consolidation this date. Commissioner Saunders closed the publlc hearing. Cossieeloner NorTie moved, seconded by Commissioner Volpe that 196 Page 30 Decsaber 21, 1993 Ordinance 93-94 amending Collier County Ordinance No. 72-1, with the exclusion of Turnbury subdivision be adopted and entered into Ordinance Book 64. Upon call for the question, the sotIon carried unantaoualy. (720) COl; xl RZROS~IAJt~Cb~Ii~,i,t~ County Manager Dorrill announced that in October, the Board approved improvements for the cemetery. He commented that certain contracts are already in place for some of the improvements. Commissioner Saunders suggested working with Mr. Lee to insure that the contracts do not violate the historical preservation of the cemetery. Commissioner Volpe stated that he cannot support sprinkler systems and sod on what has now become a historical site. County Manager Dotrill reported that what is at the site presently has only been there for seven years. Commissioner Volpe suggested that the County Manager present a report to the Board as to what can be done and what the alternatives are. It was the consensus of the Board to d~rect the County Manager to present a report to the Board of County Commissioners. (849) ItemaXiAl RESOLUTION 93-616 lie PETITION V-93-27, PAUL DOERR REQUESTING A vARIaIcI TO sxcrloN 2.6.14 GUEST HOUSE RELATIVE TO SIZE RELATIONSHIP TO PRI!IClPALR~SIDENCE AND A 26.2 FOOT VARIANCE FRON THE REAR YARD REQU1R_ Jxmx FOR PROPERTY DESCRIBED AS GOLDEN GATES ESTATES, 820 23RD STREBTS.W.-ADOPT~D Legal notice havlng 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 Nino announced that this petition had been previously discussed and continued to this meeting so that Staff could present additional information. 197 -,: . . weN... · W,w~ w,. ff WmW....w......__ ....... . ...... Page December 21, 1993 Mr. Nino explained that this petition is a request for two varian- ces, one to the 40I rule and one to the rear yard requirement. He indicated that the addition to the guest house would cause it to be the same size as the principal structure. He said that the effect of the addition is to reduce the rear yard an additional 10 feet to 48.5 feet instead of the current 58.5 feet which is already beyond the 75 foot rear yard requirement. Mr. Nino indicated that the Collier County Planning Commission (CCPC) recommended approval. In response to Commissioner Volpe, Mr. Ntno clarified that the variances being requested are to waive the 40~ requirement of guest house to principal structure and to vary the rear yard requirement from 75 feet to 48.5 feet. He urged the Board to adopt the stipula- tions imposed by the CCPC. Attorney Timothy W. Ferguson, representing the petitioner, revealed that when the petitioner purchased the property he had no Idea that any problems with the property existed. He stated that the petitioner is handicapped and that the addition was constructed for therapeutic reasons and when the petitioner found that the gentleman who was constructing the addition did not have a license or the proper permits, he terminated his contract Immediately. The following people spoke on the subject: Nancy Bisbee Vilma N. Clrlnctone Acting Community Development Administrator Clark explained that there is a venus that can be pursued if the original builder is still in the area. Commissioner Saunders closed the public hearing. Commissioner Norris inquired if there is a mechanism, rather than granting variances, to force the correction of the Items in question at the next sale of the property? County Attorney Guylet commented that a temporary variance does not exist but a petitioner may stipulate to something on the record and make that a condition of approval. 198 Page 32 December 21, 1993 Commissioner Volpe stated that he is satisfied that there is a land related hardship in this case. C~saissloner Volpe soved, seconded by Coulssloner Constantine to appx~ve l~tltton V-93-2~ to ~t the ~o varl~ces r~est~, nbJect to t~ stt~lstt~ t~sed ~ the CC~. ~ c~l for the ~estton, the [tton carried 5/0, there~ i~l~ ~luti~ 93-616. ~oo,~ 000 ,'~-~ 199 Page 33 December 21, 1993 (1772) Item/13&2 RESOLUTION 93-617 RE PETITION V-93-33, JOHN HOULDSWORTH REQUESTING A VAI~IAIICI TO THE FRONT YARD REQUIREMENT FOR ONE STREET FRONTAGE OF A CORRs~ LOT OF SIX FEET FOR PROPERTY DESCRIBED AS LOT 838, PALM RIVER ESTATES - ADOPTED Legal notice having been published in the Naples Daily News on December 5 and 12, 1993, as evidenced by Afftdavft of Publication filed with the Clerk, public hearing was opened. Planner Ntno explained that this petition is a request to grant a variance for the front yard setback for a house that was built in 1979. He noted that the variance requirement was discovered as a result of a ttt~e search. Commtsston,r Saunders closed the public hearing. Coastsst:net Norris moved, seconded b~ Commissioner Volpe and carried unanimously, that Petition V-93-33 be approved, thereb~ adoptin~ !~eeolntion 93-617. ,oo OOO 205 Page 34 December 21, 1993 (2823) Item l'3,3&3 RESOLUTION 93-618 RE PETITION CU-93-14, DON SHANDS FRON THE OFFICE OF CAPITAL FROJIC~'S MANAGEMENT, REPRESENTING COLLIER COUNTY BOARD OF COUNTY COIeq"ISSIONERS, REQUESTING CONDITIONAL USE 2.6.9.2 OF THE ESSENTIAL SEFVICES SECTION FOR GOVERNMENTAL FACILITIES IN RESIDKITIAL ARILAS, FOR THE PROPERTY LOCATED AT 508 NORTH 9TH STREET, BOUNDED BY GLADES STREET, WASHINGTON STREET, ESCAMBIA STREET AND I!eeOKALHE DRIVE IN SECTION 33, T46S, R29E - ADOPTED Legal notice having been published in the Naples Daily News on December 5, 8 and 12, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public heating was opened. Planner Saadeh announced that approval of this conditional use will allow the petitioner to expand an existing recreational park by expanding an existing structure, build an equipment building, two pools, expand the parking lot and propose a future football field and racquetball court. In response to Commissioner Constantine, Planner Saadeh revealed that there are no ob3ections to this petition and that the CCPC recom- mended unanimous approval. Commissioner Saunders closed the public hearing. COII~IIiO1MIT Constantine moved, seconded b~ Commissioner Matthews to et~n~vvePet~ttonCO-93-14. Opon call for the question, the aotlon cartled unanimous/y, thereby aaoptlngReeolutlon 93-618. .oo 000 209 II Page 35 December 21, 1993 (2864) Item WI3B1 R~SOLUTION 93-619 RE PETITION PU-90-14, HEN0 3. SPAGNA OF FLORIDA URBAN INBTITUTE, INC., RKFRESENTING NEW HOPE NIHISTRIKS, EKQUESTING EXTENSION OF CONDITIONAL USE w6' OF THE "A' DISTRICT FOR CHURCHES AND OTHER FLACES OF WORSHIP, FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD, IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST - ADOPTED Planner Saadeh explained that this petttlon is a standard exten- sion of a conditional use. Commissioner Saunders closed the public hearing. ~estol~er Constantine moved, seconded by Commissioner Norris and carried unanimously, that Petition FU-90-14 be approved, thereb~ ~2optlngReeolutton 93-619. ,oo, 218 Page 36 December 21, 1993 !t!~OLOTXO!IS3-620 RE RESOLUTION APPROVING A BILL AKENDING CHA~ 71-409, ~ OF FIZ}RIDA BY DESIGNATING AND NANING COUNTY ROAD 851 RUN]i~ IORTNFItONSTATE ROAD 90 (US 41) TO COUIrrYROAD 846 (I!~!OKALEK ROAD) AI a00DLII"II-FFLINI~ ROAD - ADOPTED Assistant County Attorney Wetgel related that although the Board approved a resolution concerning the repeal of old special acts, at the legislative delegation it was suggested that rather than appeal Chapter 71-409 It be amended to conform to what the County had done for Goodlette-Frank Road. In response to Commissioner Volpe, Mr. Welge] replied that the old law designated two names for Goodlette-Frank Road. Comais, loner Constantine moved, seconded by Coals,loner Volpe and carried unanimously, that Resolution 93-620 approvtng a BIll amending Chapter 71-40} be adopted. Pa~e 37 December 21, 1993 (1988) Item egB PRESENTATION TO THE BOARD OF A SECOND SETTLEMENT OFFXR PROPOSED BY PLAINTIFF'S COUNSEL IN THE FRENI/BISHOP/GRIFFITR CONSOLIDATED TOURIST TAX CASES - NO ACTION County Attorney Guylet that the second settlement offer is pre- sented In the executive summary which is basically that the County retain a 30~ split of the fund, with the remainder to go to costs, fees and claims of plaintiffs. County Attorney Cuyler announced that the appeal will be heard on January 5, 1994. Commissioner Constantine suggested that a settlement offer be accepted. Commissioner Volpe stated that the Board committed to move ahead with the appeal. In response to Commissioner Norris, County Attorney Cuyler replied that Carlton Fields has been briefed and will argue the case. Attorney TImothy Parry, representing Harter, Secrest & Emery, reported that cases that are settled at 50/50 are cases where the facts are in dispute or where the law is unsettled. see DepntW Clerk Hoffman replaced Recording Secretary Barbiretti at this time Mr. Parry explained that he believes the County's case is worth 30~ of the fund, and noted anything above that is not consistent with the state law in this case. County Attorney Cuyler advised that he indicated that a 50-50 split would be acceptable to the Board. No action was taken on this Item. (2740) BOARD OF COUNTY CONMXSSXOITER'S CONMUNICATIONS - PLAYGROUNDS AS AN ACCESSOK"FUSE TO FAST FOOD RESTAURANTS - STAFF TO REVIEW APPROFRIATKNESS AND REPORT BACK A discussion ensued with regard to playground areas as accessory uses to Fast Food Restaurants. Commissioner Volpe remarked that there 000 244 Page 38 December 21, ~993 is one such facility on East Tamlaml Trail and there are opportunities for this t~pe of accessory use to exist in C-2, C-3 and C-4 districts. Commissioner Volpe suggested that staff look into the issue of the appropriateness of this type of an accessory use. The consensus of the Board was that Current Planning Manager Baginski review and report back on this issue. (3110} lies ~14C DISCUSSION It] RULES OF PROCEDURE FOR THE BOARD OF COUFTY CO~MISSIOIrERS - COUNTY ATTORNEY TO R~VIRW AND REPORT BACK Commissioner Volpe advised that a number of ordinances dating back to 1975 relate to the Rules of Procedure for the Board of County Commissioners. He revealed he is uncertain as to why these procedures are included in ordinances. He suggested making the Board's rules of procedure current. Commissioner Volpe provided a copy of Alachua County's General Rules & Procedures for the Board's review. It was the consensus of the Board for County Attorney Cuyler to review and report back on same. {3251) DISC~SIONI~ C~I~MAN"S O~a3IN~CI - NO ACTION Commissioner Volpe revealed that it takes a period of time to become comfortable in the position of Chairman of the Board of County Commissioners. He suggested that consideration be given to the appropriateness of a two year term for the Chair. Commissioner Volpe stated that the process for selection of the Chairman can be very awkward and suggested drawing lots. Commissioner Saunders remarked that he believes there is a real benefit in rotating the Chairmanship every year. No Action was taken on thls Item. ewe Ceesateelener Volpe moved. seconded by Commissioner Norris and carried 8/O, that the following Items under the consent agenda be mpprovedmzzd/or adopted: Pa~w 39 December 2Z, 1993 RESOLUTION 93-566 RE FINAL ACCEPTANCE OF THE ROADWAY AND DRAINAGE IMPR1)v .W~xS FOR "GLENDEVON REFLAT AT WY1(DEMERK" - WITH STIPULATIONS LISTED ZN THE EXECUTIVE SUIe~tRY Item 116A2 R~SOLUTZON e3-567 P,Z LOT LZNa ADJUSTMENT OF SITES 22 AND 23, A PORTION OF A PItlVIOO5%T RECORDED PLAT IOW0WN AS PELICAN BAY UNIT TEN - WITH STIPULATIONS LISTED IN THE EXECUTIVE SUMMARY ItO #16A4 RISOLUTIOM 93-568 RI RECORDIN6 THE FINAL P~T 0F wLAUREL RI~Ew - WI~ 8TI~TI~ LIS~D IX ~E ~E~I~ Item 116A5 RX~SOLUTIOM 93-569 RE FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND ~ IMPROV~d~BRIS FOR "MARCO SHORES, UNIT ONE" - WITH STZt-va~aTZ0WS LISTHD IN THE EXECUTIVE SUMMARY Pages RESOLUTION 93-670 RE RESUBDIVISION OF A PORTION OF TRACTS 69 AND 72, A PORTION O~ A PI~EVIOUSLT RECORDED PLAT KNOWN AS GOLDEN GATE ESTATES UNIT leO. 97 IeXCORD~D IN PLAT BOOK 7, PAGES 95 AND 96 - WITH STIFULITIONS LISTED IN THE EirE~IVE ~ See Pages Item cleaT& RESOLUTION 93-671 RE COMPLIANCE SERVICES CASE NO. 3033~-042, ~C0~ i - E~I~!~=~ CO~U~ION C0., INC. Item #16ATB RESOLUTION 93-572 RE COMPLIANCE SERVICES CASE NO. ~ -- WILKINBON-MEFIq~RT CONSTRUCTION CO., INC. 30331-046, RECORD .o. Page 40 Xtem lllaTC RESOLUTION 93-573 RE COMPLIANCE SERVICES CASE NO. December 21o 1993 30413-008, RECORD RESOLUTION 93-574 RE COMPLIANCE SERVICES CASE NO. 30422-064, RECORD OI4NKR- JOAN T. CRAIG Item #lSA7E RESOLUTIOI 93-515 RE COMPLIANCE SERVICES CASE NO. 30422-071, RECORD OWNER - ZBIGNIEWAND DOIRILA N. TOMSZAY ItlmlltlT! !IIIOM1TION 91-576 !I1 COMPLIANCE SERVICES CASE NO. 30422-08S, RECORD ONIII--CiIILII D. WILLIAMS s,e P.ges o~ Z~- a f s Itm~elll~e RESOIsUTION 93-5~ RE COMPLIANCE SERVICES CASE NO, 30504-009, RECORD OilNil - C!I!ILIi L. AND CAROL V. IRA!ITOI se, Pag,s a F~- a ~ RESOLUTION 93-578 RE COMPLIANCE SERVICES CASE NO. 30426-111, RECORD Item llt&ll See Pages RESOLUTION 93-579 RE COMPLIANCE SERVICES CASE NO. 30510-023, RECORD Pages PJ~OLUTION 93-580 RE COMPLIANCE SERVICES CASE NO. 30514-009, RECORD OWNER-- ROBBAr C. ARMBRUSTER AND MARGARET E. ARMBRUSTER RF3OLUTION 93-581 RE COMPLIANCE SERVICES CASE NO. 30331-041, RECORD OWNEll-WILKINSON II=~ERZ CONSTRUCTION CO., INC. Page 41 December 21, 1993 Item ,I~ATL RESOI,UTZON 9~-582 KE COMPLIANCE SERVICES CASE NO. 30330-127, RECORD OMIEI -- WILIIISON I.~rr=Kx CONSTRUCTION CO., INC. Item elM~W RESO~UrlOll 93-583 RE CONFLIANCE SERVICES CASE NO. 30330-089, RECORD OWNER -- EDWARD K. AND ESTER G. PURKEY - ee Pa e. JgS-_ OO Item elii131 RESOLUTION 9S-584 RE CO!wfPLIANCE SERVICES CASE N0. 30223-001, RECORD i -- FBLXX R. MUSFaT, IT UX Item #16a70 RESOLUTION 93-515 RE COMPLIANC~t SERVICES CASE N0. 30623-036, RECORD ~ - AVAN J. PITEN Item 41617P RESOLUTZON 03-586 RE CONPLIANCE SERVICES CASE NO. 30628-017, RECORD See Pages Item ellATQ RESOLTFTIOI 93-587 RE CONFLIANCE SER~rICES CASE NO. 30330-128, RECORD OWllEE -- WILKZlrSOl I~xrEa~l CONSTRUCTION C0., INC. Item llIA7R RESOLUTION 93-588 RE COMPLIANCE SERVICES CASE NO. OWNER - PLATIIfUM COAST FINANCIAL CORPORATION see Pa,,s - n>- Ires i~Z~OT, UTIO!I 93-589 RE CONPLIANCE SIRVICES CASE NO. Item ~Flta7~ 30602-003, RECORD 30603-006, RECORD Pap 42 !e/sor, xrrlol 13-59o oMlrl3t - !tlC!IiRD F. !~CCU~LOUI3~ See Pages Item el6&70 December 21, 1993 30603-043, R~CORD !~30LOTION 93-591 1~/ COffi~LIARCE S~rlCES CASE NO. 30604-005, !tSCORD CqQIg~ -- STKVKN J. MILLER Item elS&TV 93-592 RE CO!~FLIANCE SERVICES CASE N0. 0MIgR - F!!ILT, IP L. LEE, See Pages INC. 317- 30607-011, RECORD RgSOT~;ITXO!I IHt$ RE CONI~IJ~C~g SgRVICES C~E NO. 30607-012, MC0~ ~O~I~ f3--~94 ~ C~Z~ S~ICIS C~I RO. 30608-106, ~CO~ i- ~ 3. ~0 ~SOL~I~ 95-~95 ~ C~LI~CX 5X~IC~8 CASX N0. 306~1-080, ~C0~ ~ -- ~ ~. ~LLI~ ~~ 9~--5~ U C~I~CE S~ICES CASE R0. 30622-061, UCO~ i- ~ E~LDING CO, ~ll f~2fT ~ C~I~ S~IC~S C~ NO. 30622-063, ~CO~ ~- .ll;lrl'"OI IDZT, DING See Pages Item ellATB - Withdrawn Item elti~CC - Withdrawn Ztem #12&?DD Page 43 December 21, 1993 93-598 ~/COI~=LIARCE $gl~rZCES CASE RO. 30629-075, UCO~ RESOLUTION 93-599 P,E CO!~PLIANCE SERVICES CASE N0. 30629--073, RECORD OMSgl - ]tO~X/~ C. AND NARGARrr E. ARN3RUSTER Pages .~.~/- Item #1SATIT R/SOLUTZOR 93-600 RE CO!eEPT. ZARCE SERVICES CASE ROo 30629-044, RECORD ~ - ROBERT C. JUID I~U~GARgT AR:I~ROSTER see Pages ,;]. =J _~ - Zte~ #16&TGG R~SOT-OTIOR 93-501 RE COHPT. TAitCE SERVICES CASE NO. 30529-0/3, RECORD (:)NiliC~ - ROBOt1' C. JUID KILRGARET LR:KBR~STER Ite~ ei l&7~ll !~SOT, OTZOI 93-602 R~ COHPtT&/ICE SgRVTCES CAS]~ NO. 39625-050, RECORD OMIgR- ~gl/:TO F. Tte~ e16&7ZZ RESOLUTION 93-603 RE CO!~PLIANCE SERVICES CASE NO. 30628-015, RECORD OMIt21 -- WILLIE ~ POST~LL ]:tel 116A733 RESOT-UTION 93-60& RE CO!~:PT. IANCE SERVICES CASE N0. 30625-041~ J~CORD OWRgR - VZNCKRT ~. OC13TO, CAR0r- A. OCUTO~ ARD EIIk~ER/,Y A. OCI:T~O Ztel !t/SOLUTION 93-605 iV/COHIaT. IARCE SERVICES C&SE R0.30621-053~ OMlrgl~ - PAUL D, hUf-rl~ See Pages lte~ e16Jk7T-~ RE~Or,~rlON 9~-606 RE COI~PLIANCE SERVICES CASE NO. 30604-052, RECORD OeSIgR -- D&LI !. ST~INB~RT, rr ux oo. 000 250 Page 44 December 21, 1993 Item R~SOLUTION 93-607 RE COMPLIANCE SERVICES CASE N0. 90604-006, RECORD OWNER - STEVEN J. MILLER See Pages Item #16ATNN RESOLUTION 93-608 RE COMPLIANCE SERVICES CASE NO. 30527-002, RECORD OWNER - JOSEF HEINZ OBERT See Pages Item #16A700 RESOLUTION 93-609 RE COMPLIANCE SERVICES CASE NO. 30503-044, RECORD OWNER - DONALD M., JR., AND DONNA M. ROBERTS Item #16A7FP RESOLUTION 93-610 RE COMPLIANCE SERVICES CASE NO. 30428-019, OWNER - PAUL E. GEYER, ET UX RECORD See Pages ~-~'3 - 3~ Item #16A8 SEWER FACILITIES ACCEPTANCE FOR KENSINGTON PARE, PHASE ONE - WITH STIPULATION LISTED IN THE EXECUTIVE SUMMARY RECORDED IN OR BOOK 19)2 PAGES lA75 1483 Item #16A9 RESOLUTION 93-611 RE PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "KENSINGTON PARK PHASE ONE" - WITH STIPULATIONS LISTED IN THE EXECUTIVE SUMMARY Item #16B1 CONSENT ORDER AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) Item #16D1 BID #93-2109 FOR GENERATOR MAINTENANCE AND REPAIR - AWAFa)ED TO AA GENERATOR AND PUMP REPAIR Item #16D2 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMXlTr OF SEWER IMPACT FEES FOR JAMES AND NANCY HAHN, EDDIE AND Page 45 December 21, 1993 ~ 2t'Fle, A, ROBKIT AND MARGARET JIMXRSON, AND ROBKRT R. MICKIKL HZP~RBI~IMIIIT OF THREE (3) ADDIYIONAL ~ AMBULANCE-q UIIDER BID 93-2083 Item l~ T!I ~kOre~t/CAS~ALTY INSURANCE IMPREST ACCOUITE FR011 85,000 TO 820,000 Item I16E3 DECTSLRI kS SURPLUS AND AUTHORIZE k SALE OF ALL SURPLUS COUWTY OWNED PROPERTY · ztem APPROVAL OF I CERTIFICAT~ OF PUBLIC CONVENIENCE AND NBCESSITY FOR THE YEAR 1994 FOR THH COLEIER COUNTY DEPARTMENT OF EMXRGENCY MXDICAL Item #1~F2 ~an OF ~ CIRTIFICATH OF PUBLIC C0NV~NIENCE AND NECESSITY FOR THH TWaR 19e~ !~ TI~ W~STERN GATF~AY VOLUNTEER AMBULANCZ SERVICE, INC. Item I1~2 ~eleted Item#16H3 AFFROVB WORK ORDER UNDER THE CURRENT ANNUAL PROFESSIONAL SERVICES A~R' ~1 FOR PROFESSIONAL ENGINEERING DESIGN, PERMITTING AND CONSTRUCTION CONTRACT ADMINISTRATION FOR TELEMETHY UPGRADXS AT THE RAW WATER BOOSTB~ - WITH HOLE, MONTES & ASSOC. IN THE AMOUNT OF 849,500.00 Item ,oo. OOO 252 Pa~e 46 December 2X, 1993 BIDS ~ !!IULING ROCK AND ROCK PURCHASE FOR VANDERBILT BEACH ROAD EXTENIION - ANIRDED TO SWIFTLINE TRUCKING, INC. & SOUTHERN SAND AND Iteael$3 r~SCKLL&IIOUI CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was flied and/or referred as presented by the Board of County Commissioners: Page 47 December 21, 1993 SaTISF~'~fIONOFLIKNFOR See Page~. Itfi~16Xl ~ ~m~v~ ~ICLE ~R USE BY ltem#1612 AGR' ~x WITB ~NCOAST SCHOOLS FEDERAL CREDIT UNION FOR THE IN~TALLATIOBAND OPERATION OF AN AUTOMATED TELLER MACHINE (ATM) Ite~ #I~LI EXTENSION B/tON JANUARY I TO MARCH I TO ALLOW ADDITIONAL TIME TO ADOPT A RE~OLUTION Or INTENT TO USE THE NON-AD VALOREM METHOD OF COLLECTING SFECIAL aSSESSNBFl~ FOR THE PELICAN BAY Mq3NICIPAL SERVICES TAXING AND BENEFIT UNIT See Pages There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - TAme: 5:35 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN 256 Page 48