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BCC Minutes 09/28/1993 R Naples, Florida, September 28, 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: Butt L. Saunders VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Betrye J. Matthewu ALSO PRESENT: John Yonkosky, Finance Director: Ellis Hoffman, Deputy Clerk: Sue Carney, Recording Secretary: Neil Dorr~ll, County Manager: Ken Cuyler, County Attorney: David Weigel, Richard Yovanovich, Heidt Ashton and MarJorie Student, Assistant County Attorneys; George Archibald, Transportation Services Administrator: Frank Brutt, Community Development Services Administrator: Leo Ochs, Administrative Services Administrator: Tom Whitecotton, Human Resources Director: Bill Lorenz, Environmental Services Administrator: John MadaJewski, Project Plan Review Manager~ Mike McNees, Budget Director: Ed Kant, Transportation Senior Engineer; Greg Mihalic, Affordable Housing Director; Michael Smykowski, Senior Budget Analyst: Barbara Cacchione, Chief Planner, Chahram Badamtchian, Bryan Milk, Wayne Arnold, Pam Lows, Phi/Scheff, Planners: Sue Ftlson, Administrative Assistant to the Board: and Deputy Byron Tomlinson, Sheriff's Office. Page I I i I ~ ! -: September 28, 1993 Cmiseioner Constantine ~oved, seconded by Co--issioner Norris and carried unanimously, to approve the agenda with changes as detailed on the Agenda Change Sheet, and the following additional ~tea: Item IOK - Request from the Shertff's Department that the Chairman send a letter to the Division of Communications - Added. Page 2 (17o) Ztem #3& CONSKNT AGE]IDA - APPROVED AND/OR ADOPTED September 28, 1993 The motion for approval of the consent agenda ts noted under Item #16, (178) lttl 12&l FROCLaMATION DwSI~NATING THE W~EE OF OCTOBER 3, 1993, AS FROJECT SAF~ Upon reading of the proclamation, Commissioner Matthew~ moved, seconded b~ Commissioner Norrls and carried unanimously, that the Froclmtion desi~natlng the week of October 3, 1993, as Project Safe Place Week, be adopted. Thomas J. Bamrick, ED.M., Regional Director of the Lutheran Ministries of Florida, Southwest Region, accepted the Proclamation. Page 3 September 28, 1993 (250) Ztem#S&2 PROCLAMATION DXSIGNATING T!~ WXEE OF OCTOBER 3-10, 1993, AS COLLIER COU~FTYARCHA~OLO~ICALWEEK - ADOPTED Upon reading of the proclamation, Commissioner Constantine moved, seconded b~ Commissioner Norris and carried unanimous/y, that the Proclamation des~nating the w~ek of October 3-10, 1993, as Collier Count7 Archaeological Week, be adopted. Arthur Lee accepted the Proclamation for Wayne House, President of the Southwest Archaeological Society. Pa~e 4 September 28, 1993 (32~) Zte~eBA3 PROCLaNATION DISIGNATING WEDNESDAy, SEPTEMBER 29, 1993 A3 LAW EIIFORC .ssx AFFRICIATION DAY - ADOFrED ' Upon reading the reading of the Proclamation, Commissioner Volpe moved, seconded by Commiss~oner Norris and carried unanimously, that the Proclmtion designating Wednesday, Septeaber 29, 1993, as Law Enforcement APpreciation Day be adopted. Sheriff Don Hunter accepted the Proclamation. Page (3gg) IMPLOYKX SEXVICE AWARD - PRESENTED September 28, ~993 Commissioner Norris presented the Service Award to the following Collier County employee: Cheryl A. Wilson-Watson, 5 years, E.M.S. (413) Item HA1 and #6A2 B~IXTAKI311(XNT8 93-436, 93-439, 93-506/508, 93-5%1/514, 93-5%6/517 Commissioner Volpe moved, seconded by Commissioner Matthews and carried unanimously, that Budget Amendments 93-436, 93-439, 93-506/508, 93-511/514, 93-516/517 be adopted. (425) Item HA3 ~ a~-I~'x RXSOLUTION 93-45 - ADOPTED Comaissioner Norris moved, seconded by Commissioner Volpe and carried unanimously, that Budget Amendment Resolution 93-45 be adopted. Page 6 September 28, 1993 Ztem HD FINANCIAL INFORMATION ON TEl COLLIER COUNTY INTERFRISK FUNDS - Finance Director Yonkosky reported that there was no unusual information provided within this monthly report. Mr. Yonkosky pointed out that the actual total amount expended for the Enterprise Funds is less than the amount budgeted. (490) Item INTERIM FINANCIAL INFORMATION AS OF 8-3~-93 - PRESENTED Finance Director Yonkosky announced that this information is presented to the Board on a monthly basis. Mr. Yonkosky revealed that for the period ended as of August 31, 1993, the Impact Fees/Community Development Service Charges are 13% under the amount budgeted for this year. Commissioner Volpe remarked that Law Enforcement Impact Fees were budgeted and the County did not collect them because an Ordinance to collect them has not been adopted, therefore, the Impact Fee figures are not accurately represented. (650) Xtsl~D1 ~IP FRO(IMAM FOR QUALIFYING RESIDENTIAL PROPERTIES WITH THE FAST AND s(Mrrl~ NAPLX~ SANITARY SEWER PROJECT - STAFF TO DEVELOP FMOPOSALS AND MITURN IN FIV2 W~EFa Assistant County Attorney Yovanovtch recalled that the Board directed Staff to research the possibility of implementing a hardship policy to assist property owners who have financial difficulty due to the special assessment being collected on the tax bill. Mr. Yovanovtch reported that his office, along with the Utilities Division and the Affordable Housing Division have researched what policies are currently implemented throughout the State and possible ramifications if the Board were to adopt such a policy. Mr. Yovanovtch revealed that in Manares County the Board annually Page ! I September ~8, 1993 appropriates a certain amount of money to pay the assessments on behalf of the property owners that qualify under the hardship program, he added that in Manares County if your Income level is below the poverty line, you would qualify for the hardship program. Mr. Yovanovtch noted that Lee County has a hardship program which defers the assessment until the property is transferred to another oml. er. Assistant County Attorney Yovanovtch stated that the fiscal Impact would be Immediate if the grant option were Implemented, under the deferral approach, the funds would not be necessary until cash flows dictated that a contribution would have to be made, adding that If the deferral appreach is adopted, it would be necessary to obtain the consent of the Insurers bond counsel, although bond counsel does not anticipate a problem. Commissioner Norris announced that he prefers the deferral option, but feels that a sliding scale regarding income level should be imple- mented. Commissioner Volpe suggested that a hardship program be devised to be similar to the impact fee waiver program, so that all residents Of Naples will be included, not Just those In East and South Naples. Commissioner Matthews noted that special assessments tend to enhance the value of the property, therefore would only entertain a deferral program. Assistant County Attorney Yovanovtch Indicated that Staff would recommend a deferral program with an annual application. Commissioner Matthews suggested that Staff prepare a list of areas that would qualify for a hardship program, and those that the bond Insurers would not allow. Commissioner Saunders agreed that the deferral program would be his preference, and that the program should address all sections of Naples. Commissioner Constantine concurred that a deferral program would be preferable. Page S | ~ September 28, 1993 Commissioner Volpe remarked that a funding mechanism will have to be identified for these defertale, possibly a percentage of the balan- ces in the water and sewer Enterprise funds each year could be allo- cated. The following people spoke on the subject: Vicki Vaughn Roy Smith George Keller James Lennane Commissioner Saunders directed Staff to meet with both Ms. Vaughn and Mr. Smith concerning the offer made by the Contractor~s Association to participate in the lowering of costs for the connection of the sewer lines. Commissioner Volpe moved, seconded by Commissioner Norris and caTrig unanimously, to reschedu/e this Issue for five weeks so that Staff can develop an action plan to present to the Board. (1993) ItemSell RISOLUTION 93-415 RE 1994 FISCAL YEAR PAY AND CLASSIFICATION PLAN - Commissioner Constantine commented that in recent weeks a number of personnel policies have been discussed, perhaps a workshop could be scheduled so that a comprehensive review of personnel policy could be done. County Manager Dotrill mentioned that one of the projects that the Collier County Productivity Committee is currently working on involves the Human Resource policies and procedures, adding that the Board may wish to review their findings. Administrative Services Administrator Ochs revealed that Staff recommends a 3~ base wage increase be awarded to all eligible employees that were on the Board's payroll prior to the start of the current fiscal year effective October 1, 1993, and that a 3~ base wage Increase be awarded to all eligible employees that have been hired during the current fiscal on their employment anniversary date. In response to Commissioner Saunders, County Manager Dorrlll replied that this plan is consistent with the other constitutional Page 9 September 28, 1993 officers, except the Sheriff's Department. Commissioner Constantine questioned the maximum salary proposed for the Executive Director of the Airport Authority in Range 140, he suggested that the Range of 134 might be more appropriate. Tom Whitecotton, Human Resources Director, explained that the pay grade was established by surveying other executive director salaries in the City of Naples and Lee County and considering the scope of responsibility. Com~issioner Constantine stated that he was not satisfied that the survey was a fair comparison because commercial as well as general aviation is involved. Commissioner Volpe agreed that the salary was too high due to the fact that the Airport Authority budget is yet unknown as is the number of employees under his direction. Administrative Services Administrator Ochs called attention to the Board's decision to move the mall center function from the Clerk of Courts budget to the Board of County Commtssion's budget, citing that two mailroom employees have been employed for several years, and requested that the two employees retain their seniority and pay Increase eligibility. George Keller spoke on the subject. Cceatsmioner Constantine moved, seconded b~ Commissioner Norris and carried unanimously, that the 1994 FIscal Year Pay and Classification Plan be approved, changing the Range for the Executive Director for the Airport Authority to Range 134, and waiving the ell- gibilit7 specifications for the two nilroom employees, thereb~ adoptin~l~solution 93-415. Page 10 September 28, 1993 (2956) Item e812 RXSOLOTIO!I 93-416 R~ REVISE SXLXCTED SICTIONS OF ';nK PERSONNEL RULIS AND REGULATIONS - ADOPTED A short discussion was held on the sick leave accrual policy, which will be discussed at the proposed workshop meeting. Tape #2 Comatesioner Norris moved, seconded by Coamisaioner Volpe and carried unanimously, to approve the revised selected sections of Personnel Rules and Regulations, thereby adopting Resolution 93-416. Commissioner Saunders remarked that the remainder of changes will be discussed at the workshop meeting tentatively scheduled to be held on November 3, 1993. Page September 28, 1993 Deputy Clerk Hoffaan replaced Recording Secretary Carney at this time e$s (60) Item lSHI CONTRACT AGRKKNENT FOR TOURIST DEVELOPMENT TAX FUNDING WITH BVL FUND, INC. - Av~0VKD Senior Budget Analyst Mike Smykowski stated that on August 18, 1993, the Tourist Development Council reviewed a proposal submitted for funding in Category C for a Senior Pro bowling event. He advised that this was approved in the amount of $23,375. Mr. Smykowski recalled that on September 7, 1993, the Board reviewed and approved this proposal. He requested approval of the contract agreement with the BVL Fund, Inc. Commissioner Norris loved, seconded by Commissioner Volpe alld carried unanimously, to approve the contract with the BVL Fund, Inc. for 823,3?6 land authorize the necessaz7 budget amendments. Page 12 September 28, 1993 (135) Item RESOLUTION 93-417 ACCEPTING THE CLBRE'S REPORT ON COSTS ASSOCIATED WITH ASSISSM/~eT PROCESSING AND COLLBCTION FOR ANNUAL BILLS WITHIN CERTAIN SF2CIAL ASSESSMENT DISTRICTS THAT ARE 85.00 OR LESS - ADOPTED Finance Director Yonkosky stated that the proposed resolution will allow all special assessments other than those that appear on the ad valorem tax bill to be written off. He noted that this includes prin- cipal and interest. Mr. Yonkosky remarked that the Executive Summary Includes Exhibit "A", which should become a part of the resolution. He noted that this report Identifies the accumulation of costs associated with the collection of a special assessment. Mr. Yonkosky Indicated that the handout as provided lists each special assessment district that has been approved and is in existence except those that appear on the tax bill which Include the East and South County, Naples Production Park, Pine Ridge Industrial Park, Euclid and Lakeland Avenues and the Pelican Bay Services Special Assessment DIstrict. Calling attention to the last three Special Assessments on the handout, Mr. Yonkosky report the following: Solid Waste Collection Disposal Series 60000 Is the mandatory trash collections for 1991; Solid Waste Collection Series 61000 Is for 1992; and the Series 62000 is the 1992 quarterly special assessment which came Into existence due to a change in the ordinance allowing persons to pay quarterly. Mr. Yonkosky explained as of September 27, 1993, the total assessments having principal balances are $309.56 and Interest in the amount of 848.17 with the total of $358.15 to be paid by the depart- ments that are responsible for the development and processing of these assessments. Cosalsetoner Norris moved, seconded by Coutsstoner Constantine and carried unanimously, to accept the Clerk's Report on costs asso- ciatedwith assessment processing and collection and further establish the policy that all special assessment annual bills within certain 145 Page 13 September 28, 1993 special assessment districts that are 85.00 or less will be paId by ths Department rssponsibls for ths project and that Resolution 93-417 be adopted. (. 146 Page 14 September 28, 1993 (2.o) Item llOk RESOLUTION 93-418 APPOINTING JOSPEH P, YOUNG AND CONFIRMING APPOINTMENTS OF MARVIN CECIL, CHRIS NIND, TOM SMITH AND ROGER EVANS TO THE KMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE - ADOPTED Administrative Assistant to the Board Fllson reported that this item is a request to appoint one member representing District I to serve a 3 year term on the Emergency Medical Services Advisory Committee. Ms. Filson stated that there is also a vacancy for District 5, however, no resumes were received and this will be readvertieed. Ms. Filson advised that staff is recommending the appointment of Joseph P. Young. Additionally, she requested that the Board confirm the recommendations for appointment from the various agencies as listed in the Executive Summary. Cotaiseloner Volpe moved, seconded by Commissioner Norris and carried unanimously, that Resolution 93-418 be adopted appointing Joseph P. Young and confirming the appointments of Marvin Cecil, Chris Nlnd, Tem Smith and Roger Evans to the Emergency Medical Services Advisory Committee. Page 15 September 28, 1993 (292) Item #10B !tXSOLUTION 93-419 R~-APPOINTING BAKBARA CAh'L~Y AND ARTHUR L~X TO TH~ HlrrORICJkL/JLRCIIAXOLOGICAL PI~SF~VATION BO/d~D - ADOPTED Administrative Assistant to the Board Filson stated that this item is a request to appoint two members to the Historical/Archaeological Preservation Board to serve 3 year terms. She noted that she received resumes from three Interested citizens. Ms. Fllson revealed that staff is recommending the re-appointment of Barbara Cawlay and Arthur Lee. Commissioner Harthews moved, seconded by Commissioner Volpe and carried unanimously, that Resolution 93-419 be adopted re-appointing Barbara Cawis,/and Arthur Lee to the Historical/Archaeological Preservation Board. Page 16 September 28, 1993 (31o) Item #10C RESOLUTION 93-420 RE-APPOINTING MIKE DAVIS AND STEPHEN MEANS AXD APPOINTING DORO~n~,a ZYSKO TO THE KNVIRONNKNTAL POLICY TECHNICAL ADVISORY CO$~ITTEE - ADOPTED Administrative Assistant to the Board Fllson reported that this item ls a request to appoint three members to serve four year terms on the Environmental Policy Technical Advisory Committee. She related that a press release was issued and resumes were recelved from five interested citizens. Ms. Ftlson announced that she received a telephone call from Karen Bishop, requesting that her application be withdrawn. Ms. Fllson advised that staff is recommending the re-appointment of Mike Davis and Stephen Means and the appointment of Dr. Jon Staiger. Commissioner Constantine voiced concern with regard to the appointment of Dr. Statger since he is employed by the City of Naples. He cited that he is uncomfortable with a Clty employee serving on a committee that is involved in making recommendations as to what the Countyts policy should be. Commissioner Norris and Commissioner Matthews concurred with Commissioner Constantjusts concern in this regard. Commissioner Matthews moved, seconded by Commissioner Volpe and carried unanimously, that Resolution 93-420 be adopted re-appointing Mike Devis end Stephen Means and appointing Dorothea Zysko to the Xnvtr~xm~ntal P~llc7 Technical Advisor7 Committee. 158 Page 17 September 28, 1993 (4o5) Item#lOP RISOLOTIO!I 93-421 KE-APPOIRTING FRID R. THO!4AS, 3R. TO TH~ COLLIgR COUNTY PTAIIING COIITISSION COUnty Attorney Cuyler recalled that he was asked to review whether there is a legal conflict with regard to the re-appointment of Hr. Thomas to the Collier County Planning Commission. He advised that he has reviewed the Section 8 Housing System and spoken with Affordable Housing Director Hthaltc. He revealed that he has deter- mined there is not a general conflict, however, there may be a voting conflict from time to time. Co~atsstoner Katthews moved, seconded by Conlssioner Constantine and carried unanimously, to re-appoint Fred N. Thomas, 3r. to the Collier County Plannlng Commission and that Resolution 93-421 be adopted. Page September 28, 1993 Zts~#101 DISCUSSION R~ IMPLEMENTATION OF THE PRODUCTIVITY REPORT PRESENTED TO THE BOARD IN MAY, 1993 - UPDATE TO BE PROVIDED ON 10/12/93 Commissioner Matthews requested general discussion with regard to the Productivity Commtttee's Report of May, 1993. She recalled that she was fairly impressed with many of their ideas and questioned whether any other recommendations will be forthcoming. County Manager Dotrill stated that Budget Director Mike McNees will compile a brief summary of the committees ideas that have been adopted, or those that are outstanding and those that no action has been taken on. He suggested that this information be presented to the Board on October 12, 1993. Commissioner Saunders requested that an update be provided with regard to the issue of the establishment of an Independent Water/Sewer Authority. In addition, he suggested input relative to some of the day-to-day zoning issues, i.e. vacation of easements, to be heard by the Planning Commission or some other entity. County Attorney Cuyler stated there is a case pending at the State Supreme Court level that may have an impact as to how land use items should be handled. He revealed that he will provide information in 2-3 weeks relative to information on the hearing officer. (750) Iris llOF DISCUSSION RE PROPOSED NORTH ROAD A,v~ORDABLE HOUSING PROIECT - TO BE BROUGNT B&Cl ON 10/5/93; DCA T0 BE ADVISED OF COUNTY'S DESIRE RE RIGHT TO colesHirr ~ CITY TO BH ENCOUR~GED TO PARTICIPATE IN DISCUSSION NEXT Attorney Ktm Kobza stated that he is representing a number of the North Road Property Owners, including the North Creek Campground, Dr. Mogelvang and his family, and the Waterfront Condominium Association. Mr. Kobza advised that on August 4, 1993, the City Council adopted an amendment to their Comprehensive Plan by which it proposes to annex 12 acres of the County's property located across the road from the City of Naples Municipal Airport. He noted that the purpose of the Page 19 September 28, 1993 proposed annexation is to provide for the construction of 160 units of affordable housing at the density of 15 units per acre. He announced that the concerned citizens object to the land use decision being pro- posed by the City. Attorney Kobza remarked that the annexation procedure is being used to circumvent the Countyts Comprehensive Plan which provides a maximum base density on that location of four units per acre. He revealed that the land owner and the broker/developer are using this annexation procedure to avoid application of the County's Plan and going to the City by the technicality of re-drawing the boundary to achieve a density of 15 units per acre. Mr. Kobza advised that this density is very inappropriate for this site. He reported that the property next door has one single-family home on 12 acres of land; property to the west (Waterfront Condominiums) contains six units per acre; property to the east has eight single-family homesites; and the Rock Creek Campground serves as a buffer. Mr. Kobza explained that North Road is a local road comprised of a width of 18', with no bicycle paths, no pedestrian walkways and no lighting. He remarked that Transportation Services Administrator Archibald stated in a July, 1993, memo to the Board, that it will cost in excess of $150,000 with minimum lane widening and the construction of necessary pedestrian paths. He noted that the City does not intend to provide for funding of those types of improvements other than Installing a sidewalk In front of the proposed site only. Mr. Kobza pointed out that school children will be walking down North Road in the dark In the morning with unfamiliar drivers from the Naples Municipal Airport. He Indicated this will be creating an unsafe condition. With regard to police and fire safety, Mr. Kobza stated that the City proposes to provide fire protection to this area from the air- port. He revealed that the airport has two fire trucks, both of which are designed to fight chemical type fires. He divulged under federal 163 Page 20 September 28, ~993 regulations, one of the trucks has to be on the airport property at all times. He related that these trucks do not have the capability to act as pumpere, adding that the biggest truck has two small 1-1/2" hoses to pump the water it carries on the truck. Attorney Kobza reported that there are many comprehensive plan issues, noting that he has prepared 26 pages of objections to the pro- posed Comprehensive Plan Amendment. He remarked that the comprehen- sive planning process provides a special roll for the County to play in consideration of the amendment and the annexation as proposed by the City. Be advised that under Rule 93-11, the County is encouraged to submit its comments to DCA for consideration in the initial review of the proposed plan. He requested that the Board communicate its objections to the proposed annexation and reasons for same to DCA. Mr. Kobza ~tated that he has conversations with Tim Canon of DCA and has been informed that a decision will be made by October 1993, as to whether the Department will review the City of Naples pro- posed amendments. In addition, he remarked that a comment from the County will be strongly taken Into consideration. Commissioner Constantine Indicated that this is a time-sensitive Issue and requested that the Board review the City's Plan as filed with DCA and reserve the right to comment on the issue. Commissioner Volpe cited that he has no problem with communicating that the County is reserving the right to comment, however, the Board has not heard the City's side of this issue. He indicated that it would be appropriate to allow for an Invitation If the City of Naples has a position for the Board to consider. Assistant County Attorney Student advised that she would like to discuss this issue further with Attorney Kobza. Mr. Rick Miller spoke with regard to this Issue. Commissioner Constantine moved, seconded by Commissioner Norris and carried unanimously, to alert DCA that the County is reserving the right to file objections before October 11, 1993; that the County Attorney be directed to review the City's Plan; and that the City be Page 21 September 28, 1993 encourmgmd to pmrttctpate in the dAscussion of this Asmue on October 5, 1993. (1585) Item #lOG DISCUSSION RE HAZARDOUS WASTE SURCHARGZ 0N OCCUPATIONAL LICXNSES - STAFF TO COME BACK WITHIN 8 WEZES WITH SUGOESTIONS TO ADDRESS CONCERNS Commissioner Volpe stated if the Board is contemplating a reimbur- sement mechanism, it is Tax Collector Carlton who is responsible for collecting the fees. He indicated that perhaps the Board should begin thinking about setting up an escrow account. Environmental Services Administrator Lorenz reported that staff is currently drafting a policy to exempt individual businesses if they have been incorrectly categortzed. Mr. Lorenz remarked that another component is if the Board is to make a finding that the real estate industry should not receive veri- fication visits, staff would approach the State to ensure they agree with that determination. Mr. Lorenz stated that this program is set up to surcharge busi- ness to provide the resources to do the verification visit itself. He remarked that there will be businesses that do not generate and are no longer potential generators. He recalled that the system in place was that they would not be exempt from the initial fee because it was pro- riding the ability to do the verification visits. He noted that these businesses would be taken off the list for subsequent years. He remarked if the Board desires to reimburse these non-generators, the budget impacts of same would need to be reviewed. In response to Commissioner Norris, Mr. Lorenz advised that this is a State mandate requiring that counties verify the potential generators of hazardous waste. He cited if the Board chooses not to participate in the program, there would be the risk of being in non- compliance with the State requirement. Commissioner Volpe stated that he feels that Collier County should be a participating county in the small generators of hazardous waste. Page 22 September 28, 1993 He recalled that the Board was sensitive to the amount that could be charged and reduced that amount. He remarked that there should be a way to Identify who are not the generators without trying to Justify the $28.50 charge which is the cost for administering the program. Mr. Lorenz Indicated that staff will need to work with the State to develop something they would agree to. He noted that staff would still need to do verification visits for the program. Mr. Lorenz explained that Individual business that have been Incorrectly classified can obtain a waiver by completing a certain form. Mr. Lorenz stated that the program, as designed, fits the State's requirement, however, staff is attempting to modify that design and tailor it to Collier County. He noted that 11,000 businesses have been surcharged. Commissioner Volpe pointed out that a reimbursement program may be difficult to administer, noting that refunding may not be possible, but suggested that there could be a credit applied toward the next year's occupational license. Mr. BIll Norman spoke with regard to this item. It was the consensus of the Board that staff come back within eight weeks with suggested alternatives to address the concerns of the hazardous waste surcharge. (2570) Item elO~ DISCUSSION RI STATE DEPARTMINT OF AGRICULTURE, BUREAU OF FLANT AND APIARY IN~FECTIONS - MANAGER TO DETERMINE ku~n~R THE LEASE CAN BX ~TOANOTHER LOCATION Commissioner Volpe stated that he has recently become aware that the State Department of Agriculture, Bureau of Plant and Apiary Inspections office is located on the 4th Floor of Building "F". Commissioner Volpe stated that there seems to be a real premium on office space around the Government Center. He noted that It does not make sense for this office to be located on the 4th Floor of Building F, and suggested a more appropriate location, I.e. the Agricultural ,oo 000 Page 23 September 28, 1993 Center in Immokalee. He advised that this would free-up office space for Collier County employees. County Manager Dorrill stated that he will determine whether the lease can be transferred to a more appropriate location. (2695) Ztem#XOX BOAT DOCES ON BARRIER ISLANDS - TO Bl DISCUSSED AS PART OF THE LDC AhJ~.a~AS ON 11/3/93 Commissioner Volpe recalled that under the existing Land Development Code regulations, a boat dock may not be built unless there is a primary residence. He noted that the Coastal Element of the Growth Management Plan discourages building on barrier is/ands. He questioned the mechanism for those people having boat docks that are destroyed on barrier islands and desire to replace or upgrade them. Commissioner Saunders stated that the Land Development Code Amendments will be heard on November 3rd and suggested that this item be placed on the agenda and discussed at that time. Natural Resources Director Fran Stallings explained that the recently passed LDC does not address private boat docks, but rather that there shall not be commercial marinas on off shore barrier is/ands. It was the consensus of the Board that this item be properly noticed and discussed at the public hearing on November 3, 1993. (2810) ltem/lO3 RECONSXDERATIOI OF DIEECTXON RE SAND DOLLAR ISLAND - COMMISSIONER NORRIS TO K~PORT BACK ON 10/5/93 RE OUTCOME OF MELTING IN TALLAHASSEI Commissioner Volpe called attention to correspondence received from Nancy Payton, representing EPTAB. He remarked that on 9/21/93 the Board authorized certain actions to occur at the State level with regard to Sand Dollar Island. Commissioner Volpe stated that the Environmental Advisory Board met on September 27, 1993, and they feel that they and the public have 167 Page 24 September 28, 1993 not been accorded the proper opportunity to address that Issue. Commissioner Saunders pointed out that Ms. Payton's letter Indica- tes the desire of the Board is to eliminate the restriction on human access to what was formerly Sand Dollar Island, however, this is not correct. He related that the instruction to Commissioner Norris is that whatever boundaries are drawn by the Florida Game & Fresh Water Fish Commission (FGFWFC) should not impede unnecessarily on the public beach, especially the renourlshed beach which is not a part of Sand Dollar Island or the peninsula that it has formed. Ms. Nancy Payton requested that the Department of Natural Resources comment as to whether extending the boundaries would be a positive step. Commissioner Saunders remarked that the meeting in Tallahassee is scheduled for Thursday, September 30, 1993. Ms. Payton stated that she understands that a final determination would not be made at that time and suggested that the Board schedule a public hearing on October 12, 1993 with regard to the extended boundaries of Sand Dollar Island. Commissioner Norris cited that the function of EPTAB le to deal with broad policy issues specifically, Land Development Codes and Growth Management issues and not localized issues. Ms. Payton stated that EPTAB is merely asking for reconstderatton of a decision that was made on September 21, 1993. She noted that there are people, on both sides, that are concerned about this Issue and it is appropriate that everyone be given the opportunity to voice those concerns. Commissioner Saundere advised that Commissioner Norris has been authorized to carry the message to the FGFWFC that the Board is con- cerned about impeding public access to a very important public beach that has been renourtshed. He suggested that Commissioner Norris report back on October 5, 1993, the outcome of the meeting in Tallahassee. He revealed that Ms. Payton would have the opportunity to discuss the merits of same at that time. The Board concurred with Commissioner Saunders~ suggestion for Commissioner Norris to report back on this matter on October 5, 1993. Page 25 September 28, 1993 (3340) Item #1OK REQUEST FR0t~ SHERIFF'S OFFICE THAT CHAIRMAN SEND LETTER TO DIVISION OF COeeNUNICATIORS RE THE 800 MHZ - LETTER TO BE FORWARDED ON BCC STATIONERY Commissioner Saunders advised that he has provided to the Board a copy of a letter prepared by Sheriff Don Hunter to Mr. Kourosh Bastani, of the Division of Communications concerning their assisting with the review of the 800MHz communication needs. Commissioner Constantine stated that he has no objection to the letter, however, there has been confusion with the FCC as to who le the lead agency and suggested that the letter be forwarded on Board of County Commissioners~ stationery rather than stationery from the Sheriffts Office. The consensus of the Board was that the letter as drafted by Sheriff Hunter is acceptable and that it be forwarded to the Division of Communications on the Boards# stationery. see Re~=uee~l: 12:15 P.M. - Reconvened: 1:10 P.M. at which time Recording Secretary Camew replaced Deputy Clerk Eoffman see Tape #3 (lo) Item #I2B1 ORDI~ 93-87 RE PETITION R-93-5, LONG RANGE PLANNING DEPARTMENT REQUESTING A RIZORE FROM RMF-5 TO RSF-3 FOR PROPERTY LOCATED IN SECTION 16, TOee]eSNIP 50 SOUTH, RANGE 26 EAST (U1TRECORDED PARKERS HA~IeOCKSUBDrVISION} - ADOPTED Legal notice having been published in the Naples Dally News on September 9, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Lows explained that this petition requests a fezone for one parcel of land that was inadvertently omitted from a fezone that included 16 surrounding parcels which the Board approved in May, 1993. In response to Commissioner Constantine, Ms. Lows replied that she has not had any correspondence with the owner of the property. Commissioner Saunders closed the public hearing. John Norris moved, seconded by Commissioner Volpe and carried una- Page 26 September 28, 1993 nisously0 to approve Petition R-93-5, thereby adopting Ordinance 93-67, end entered into Ordinance Book No. 63. F2TITI(~ PUD-29'-7, DR. !~'NO J. SPIGNA OF FLORIDA URBAN INSTITUTE, INC., ~IN3 ~IRRETT F. X. BIYRINTAND TIRYL B~flt~NT, RI(IUISTING a REZONE FI~Ne sE' ESTATES TO PUD TO BE KNOWNAS TEOPICANA INTERCHANGE PLAZa ~ FOR CO~e~ERCIAL USES FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF 1-75 AND PINE RIDGE ROAD - DENIED Legal notice having been published In the Naples Daily News on September 9, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Scheff gave the location of the property and a description of surrounding land uses. Mr. Scheff stated that Staff and all county agencies have reviewed this petition and recommended approval subject to stipulations. Planner Scheff revealed that the Collier County Planning Commission (CCPC) reviewed this petition and recommended approval sub- Ject to Staff stipulations, including the inclusion of gas stations and auto/home supply stores, the revision of Stipulation "0" to incor- porate the revised language relative to access, the clarification of the issue of legal access into the subject property from Pine Ridge Road. He acknowledged that the CCPC also added the following stipulations: any lights installed on the property must be shielded from adjoining properties, no outside loudspeakers may be installed on the property and a 20 foot landscaped buffer to be provided on the northern perimeter must include a masonry opaque wall. Planner Scheff announced that 14 people spoke in opposition to this petition at the CCPC meeting citing the following concerns: sta- tus of the proposed access to the property, ground/water/air pollution, possible attraction of transients, effects of light and noise, increased traffic and the effects on property values. Planner Scheff added that subsequent to the CCPC hearing Staff recommends that truck stops not be permitted within this PUD as an additional stipulation. ,oo,, 000 i 70 Page 27 September 28, 1993 Mr. Scheff concluded that Staff recommends approval of Petition PUD-89-7. In answer to Commissioner Constantine, Mr. Scheff explained that if no access is stipulated in the PUD document, the PUD document would have to be amended if access was requested In the future. In response to Commissioner Volpe, Planner Scheff replied that an Interstate Activity Center is similar to a genera/Activity Center, allowing the same types of uses, however, these uses will be often- rated to the interstate traveling public. Commissioner Vo/pe asked if a septic system for this property is consistent with the Growth Management Plan? Barbara Cacchtone, Chief Planner, replied that a septic system is not Inconsistent with the Growth Management Plan, the Growth Management Plan addresses putting sewerage treatment plants outside the urban area, it does not address septic systems within the urban areas. In response to Commissioner Saunders, Planner Scheff clarified that although a bank, gas station and fast-food restaurant are proposed for the site, theoretically, any of the uses listed in the PUD document could be constructed. Commissioner Norris pointed out that the access road seemed very close to the exit ramp of 1-75. Edward Kant, Transportation Services Division, provided a color coded map of the area depicting access roads and two median openings on Pine Ridge Road. He stated that based on Florida Department of Transportation (FDOT) requirements and county access management policy, Staff believes that the easterly median opening will be removed with the 6-/antng of Pine RIdge Road, leaving only one median opening at Whippoorwill Road, which would be the only reasonable access to the property at this time. Mr. Kant reported that ultimately, as developments come before the Board for approval, the east/west access road be developed. He concluded that he strongly recommends no access to Livingston Woods Road. Page ~8 September 28, 1993 Commissioner Volpe stated that since this intersection is a "signature intersection" into Collier County, parcelling out property into small sections with these types of constraints may not be appropriate, adding that he does not see how any of the proposed uses for the property would benefit interstate travelers. Dr. Neno Spagna, representing the petitioner, challenged Commissioner Vo/pefs comment by stating that nothing in the Growth Management Plan that states that an Interstate Activity Center should be restricted to Interstate use exclusively. Dr. Spagna stressed that the petitioner has done everything possible to fulfill the compatibility aspect in the area, and they have provided for buffers, no access from the north and agreed to have the truck stop removed from the permitted uses. Dr. Spagna gave a brief summary of the history of the Growth Management Plan, citing that this area has always been intended for an Interstate Activity Center. Gax7 Beyrent, property owner, presented a letter from Charles Gauthier, and noted that Mr. Gauthier developed the Growth Management Plan at the very start. Mr. Beyrent stated that Mr. Gauthier advised him to develop a design plan that would accommodate all the adjacent property owners. Mr. Beyrent noted that the project has been in the planning stages for five years. Mr. Beyrent emphasized that the Comprehensive Plan, adopted in 1979, etatee that the three interchanges "shall be designed to meet the needs of the long distance traveler". He suggested that having a gas station at this interchange would prevent travelers from entering into town, causing more traffic congestion. Mr. Beyrent presented a projected schedule from FDOT that states the number of gas stations necessary at the Interchange by the year 2000 is 4,90. The following people spoke on the subject: Joe Bonness Peter Savage Don Falls John G. Vega Deborah Savage Barbara Rudnicki -.. 000 172 Page 29 Ken Con_n. or Bob Stetkewicz Stephanie Bryant Tape #4 Bob Riley Gary Hoffbauer September 28, 1993 Mr. Beyrent reiterated that all requirements of the FDOT have been met, and mentioned that the CCPC recommended approval. He briefly reviewed the restrictions for gas stations to alleviate any concerns regarding ground pollution. Commissioner Saunders closed the public hearing. Commissioner Norris aired several concerns regarding this project, one of which is access, another concern te the request for blanket approval of the PUD without knowing exactly what uses will be part of the project. Commissioner Norris moved, seconded by Commissioner Mattheses to deny Petition FUD-S9-7. Commissioner Constantine voiced his concern regarding the com- patibility aspect. Commissioner Volpe pointed out that there Is no Management Access Plan developed as of this date, He added that some sort of uniform development for the quadrants of the gateway to Collier County be developed. Commissioner Saunders stated that he would support the motion, declaring the subject of septic versus sewer or on-site treatment is critical, as well as the other Issues that have been raised. ~p~n call for the question, the motion to deny carrted nnant- mons17. (295) ltem ll2B3 ORDIIAIIU"'~ 93-68 RI PBTITION R-93-?, ROB~RT L. DOAIr~ 0F HOLE, MONTES & ASSOCIATIS, INC., It~PRES~NTINS PORT OF THE ISLANDS, INC., REQUESTINS A REZ01I FROM RSF-3 TO RSF-4, FOR PROPERTY LOCATED WITHIN PORT OF THE ISLANDS -ADOPTED Legal notice having been published In the Naples Dally News on September 9, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Saunders commented that it is his understanding that 000 173 Page 30 September 28, 1993 this petition is not a request to increase the density, the fezone is requested to adjust lot lines. Planner Milk stated that the request is to change the existing zoning from RSF-3 to RSF-4 in order to reduce the front yard require- ment from 30 feet to 25 feet for additional flexibility in siting single family houses on the lots. Commissioner Saunders closed the public hearing. Commissioner Norris moved, Seconded by Commissioner Volpe and carried unanimously, to approve Petition R-93-7, thereby adopting Ordinance g3-6S, as entered in Ordinance Book 63. (403) lte~ e12C1 RXSOLUTZON 93-422 M PXTITION CCSL-93-6, COLLIER COUNT~ BOARD OF COUFETCGe[IiSSION~RS REQUESTING A COASTAL CONSTRUCTION S~I~&C]( LINE VARI/~eCB TO ALLaDee PARKING LOT IMPROVEMENTS AT THE TIGERTAIL BEACH COUNT[ PA~K - ADOPTED Legal notice having been published in the Naples Dally News on September 12, 1993 as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Fred Retschl, Project Plan Review, requested a Coastal Construction Setback Line Variance at Tigertall Beach so that improve- ments to the parking lot may be done. He stated that the petition Is consistent with the Growth Management Plan and the Land Development Code, therefore Staff recommends approval of Petition CCSL-93-6. Commissioner Saunders closed the public hearing. Cmsetastoner Norris moved, seconded by Commissioner Constantine and carTied uzxantsously, to alan)rove Petition CCSL-93-6, thereby adoptineNtesolution 93-422. Page September 28, 1993 Item,12C2 RESOLUTION 93-423 1~ RAT~ RESOLUTION INCREASING THX RESIDENTIAL SOLID WAST[ 21~CIAL ASSESSMENT AND CONMERCIAL NASTK COLLXCTION FENS - ADOPTIDWITNOUT REDUCTION OF TIPPING F~XS FOR CONSTRUCTION/DEMOLITION Legal notice having been published in the Naples Daily News on September 12, 1993 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. David Russell, Solid Waste Management Department, described the main modifications to the rate resolution which is the annual assessment for mandatory garbage collection being increased by 83.63. Commissioner Constantine asked what impact the reduction of tipping fees for construction/demolition waste will have on revenues? Mr. Russell replied that approximately 60,000 tons of material multiplied by 85.00 per ton would amount to $300,000.00. Commissioner Constantine asked what impact the increase in resi- dential waste fees will be? Mr. Russell explained that the increase amount would be multiplied by approximately 46,000 residents. He added that the increase is related to the agreement with the franchtse's that after a 3 year freeze there would be an automatic consumer price Increase adjust- ment. In response to Commissioner Volpe, Mr. Russell confirmed that the language in the agreement states that there "shall be an annual adjustment", and there ts no negotiation that takes place, because there is a specific formula that is followed that precisely tracks how the increase is calculated. Commissioner Volpe asked if it were possible to reduce the admi- nistrative costs? Mr. Russell responded that some efficiency may be gained by having the whole billing function reside under the County Manager's agencies. County Manager Dotrill etated that it has been discussed, but that a budget proposal has not yet been developed. Page 32 September 28, 1993 Bob Krasowski spoke on the subject. In response to Mr. Krasowski'$ comments, Mr. Russell announced that a tipping fee surcharge may be developed. Commissioner Saunders stated that if the rate structure is going to be redeveloped in the near future, he would rather leave the tipping fee as it Commissioner Saunders closed the public hearing. Coealesioner Norris moved, seconded by Commissioner Volpe, to approve the increase in the residential solid waste special asses ~rt, but not approv~ the commercial waste collection fee ins or the reduction of tipping fees for construction/demolition waste. Assistant County Attorney Weigel requested clarification of the motion. He asked if the motion is to approve the staff recommendation for the residential solid waste special assessment and commercial waste collection fees except for staff's requested change of the reduction of the tipping fee for construction/demolition waste. Commissioner Saunders stated there would be no reduction in the construction/demolition waste tipping fee. Upon call for the question, the motion carried 4/1 (Commissioner Constantine opposed), thereby adopting Resolution 93-423. Page 33 September 28, 1993 (879) ltra ll2C4 ORDIIIMICB 83-69 RX TIrE COLLIER COUNTY COMMUNITY DgVELOPMENT BLOCK GltlalT sCOmdl|lC DZVZLOPMERT PROGRAM INCOME DISPOSITION ORDINANCE - Legal notice having been published in the Naples Daily News on September 9, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Russell Shreeve, Housing and Urban Improvement, commented that this Ordinance was primarily written by the Florida Department of Community Affairs (DCA). He explained that the County received a block grant through DCA, known as the Community Development Block Grant, and the proceeds from the Grant were loaned to a local business to repair damage caused by Hurricane Andrew. He indicated that this Ordinance stipulates how the proceeds of the loan be used to establish a revolving loan fund to provide additional capital to the community. Commissioner Saunders closed the public hearing. Co~aileloner Volpe moved, seconded by Commissioner Norris and carrted unamimously, to approve the Collier County Community Develogment Block Grant Economic Develolment Income Disposition Ordtnlnce. thereby adopting Ordinance 93-69, as entered in Ordinance Book 63. (955) Item t12C5 RESOLUTION 93-424 RE PETITION AV-92-013, JOHNSON ENGINEERING, INC. AS AGENT FOR OIINZR, BEACH SELF SERVE, INC., REQUESTING VACATION OF A FORTION OF A 7.5 FOOT PUBLIC UTILITY EASEMgNT LOCATED ON A PORTION OF LOT ll, BLOCK 72 OF THE FLAT OF NAPLES PARK UNIT NO. 5 - ADOFrED Legal notlee having been published In the Naples Daily News on September 12 and September 19, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Transportation Services Administrator Archibald described the location of the property and noted the reason for the petition is to allow the development across the property line, for the purpose of expanding a car wash from 3 bays to 8 bays. He mentioned that the 000 , ,185 Page 34 September 28, 1993 proposed vacation will be followed by a dedication easement for uti- lity purposes. Mr. Archibald reported that he has received no letters of objec- tion from any utility companies. Mr. Archibald announced that Staff has no objections and recom- mends approval. Commissioner Volpe remarked on the issue of noise because this property abutts a residential community. Mireya Louviere, Johnson Engineering, Inc., replied that Lot 12 is the only lot that abutts the property zoned residential, but the pump room will not be located there, it will located on Lot 8, as there will also be additional buffering to cut down on the noise. Commissioner Saunders closed the public hearing. Ccesiesioner Norris moved, seconded by Commissioner Constantine to approve Petition AV-92-013. In response to Commissioner Saunders, Mr. Archibald reported that all surrounding property owners within 300 feet are required to be notified. Upon call for the question, the motion carried unanimously, thereby mdopting Resolution 93-424. 000 , , 'i86 Page 35 September 28, 1993 (~240) Item tli~8 ORDE 93-70 RE ORDINANCE CONSENTING TO THE EXERCISE OF SPECIAL POW~ ~ELATING TO PARKS AND RECREATION AND SECURITY FOR THE DOV~ POINT~ CClB.uw1TY DEVELOPMENT DISTRICT - ADOPTED Legal notice having been published in the Naples Daily News on September 9, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Volpe announced that he would abstain from voting due to a possible conflict of interest. Tom Conrecode, Office of Capital Projects, explained that this petition is requesting special powers relating to Parks and Recreation and for Security, adding that the statute requires them to request after the district is adopted any special powers. He advised that this is for the golf course. Commissioner Saunders closed the public hearing. Commissioner Matthews asked if the golf course portion is going to be separately bonded from the infrastructure for the homes? Bruce Anderson, representing the petitioner, replied that the pro- perty owners are not going to be accessed for the golf course, but in order for the CDD to provide any assistance for the golf course it must have these Parks and Recreation Powers. Commissioner Norris moved, seconded by Commissioner Matthews, to approve the ordinance consenting to special powers relating to Parks and ~screation and securit7 for the Dove Points Comity Development District. Commissioner Constantine atated that he could not support the motion, because he voted against the CDD. Upon call for the question, the motion carried 3/I (Commissioner Constantine opposed and Commissioner Volpe abstained), thereby sadopting Ordinance 93-70, as antered in Ordinance Book 63. Page 36 September 28, 1993 Deputy Clerk Hoffman replaced Recording Secretary Carne~ at this time (1395) Item #12C7 ORDII4131CI 93-71 R~FFJLtlNG ORDINANCE 84-44, AS AMENDED, COt~B~ONLY !tXx~ TOAS THB COUNTY MANAGER ORDINANCE - ADOPTED Legal notice having been published in the Naples Daily News on August 18, 1993, as evidenced by Affidavit of Pub//cat/on filed with the Clerk, public hearing was opened. Commissioner Saunders advised that Agenda Item #12C7 is an ordi- nance to repeal Ordinance 84-44, the County Manager Ordinance and Agenda Item #12C8 is an ordinance to adopt the County Administration Law of 1974, Part III of Chapter 125, Florida Statutes. He suggested that the public hearing be conducted with both items being heard together and the action of same by separate vote. The following persons spoke with regard to Items #12C7 and #12C8: Scott Smith Bettie Gulacsik Charles Purdy Dorothy Fitch w/handout Bill Barton Bill Neron Bob Krasowski Commissioner Saunders stated that the public hearing is closed. Commissioner Norris explained that he concurs with Mr. Neron"s comments, in that, the Board of County Commissioners is to set broad policy and to have that policy carried out by the County Manager. remarked that he does not believe the Board of County Commissioners should be in the position of managing. Commissioner Norris noted that he desires to see the 14 day "cooling off period" language inserted back into the ordinance. Commissioner Saunders reported that he believes by making modifi- cations to the new proposed ordinance, which Incorporates part of Chapter 125 would be obtaining the best for everyone. He pointed out that the entire paragraph of the language suggested by the League of Women Voters should be inserted into the new ordinance if the current ordinance is repealed. He referred to the language beginning with: "No County Commissioner shall direct or request the appointment of any 193' Page 37 September 28, 1993 person..." Commissioner Saunders indicated that language could be included with regards to the 14 dav cooling off period, as suggested by Commissioner Norris. Commissioner Saunders called attention to the proposed ordinance, Sub Part "K" and suggested that the language reading "and all depart- ment heads" be deleted. Commissioner Matthews remarked that language relating to the Director of the Airport Authority should also be included in the ordi- nance. In addition, she suggested if language is to be included re]a- rive to the "cooling off period", the language contained should also include discipline as well as termination of the County Manager. Cc.missioner Volpe moved, seconded b~ Commissioner Matthew. and carried~nantmously, to repeal Ordinance 84-4&, as amended, in its erntiret~, thereb7 adopting Ordinance 93-71 and entered into Ordinance Assistant County Attorney Weigel pointed out that the language in Subsection "K" of the proposed ordinance with regard to "Department Heads" ls the language contained in the County Administrator Statute. Item el2C8 ORDINaNCI 93-72 ADOPTING THE COUII~ADMINISTRATION LAW OF 1974, PART III OF ~ 125, FLORIDA STATI:FI~S (1991) - ADOPTED WITH CHANGES Legal notice having been published in the Naples Daily News on September 9, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. This item was discussed in conjunction with Item 12C7. Ccea/es~oner Saunderm moved, seconded by Commissioner Volpe to adopt Ordinance 93-72, the County Administration Law of 1974, Part III of _f~%~{~r 125, Florida Statutes, and entered into Ordinance Book No. 63 with the following changes: Page 4, Subsection "ks delete "all departseat beads" and add "a~proval of the Executive Director of the Airports; adding the non-interference language as follows: "No County Comaleelo~er shall direct or request the appointment of any person to Page 38 September 28, 1993 or his removal from office by the County Administrator or by any of hie ~inates or in any manner take port in the appointment or removal of officers or employees in the administrative services of the county except as provided by this ordinance. The Board of County Cce~seim and its members shall deal with administrative eervtces 8olely tbrvugh th~ County Adaintstrator and neither the Board nor any member thereof shall interfere In the performance of the duties of any subordinate of the County Administrator either publlcly or privately except far ~ of ir~Zuiry and information": and the additional lang~mgwwith regard to the 14 day cooling off period for disciplining and firZ~ of the County Panapt. Tape t5 A discussion ensued with regard to 3/5's vote of the entire mem- bership of the Commission. Commissioner Saunders clarified that there must be three members of the Board voting in the affirmative to ter- minate or discipline the County Manager, however, it is not necessary for all five members of the Board to be present. Commissioner Volpe remarked that effeotive with the adoption of the ordina~ce, there will be a 'County Administrator" as opposed to a "County Manager". He pointed out that Section One of the Ordinance, Title and Citation, provides for the perpetuation of the County Manager and should be amended to reflect "henceforth, he is the County Administrator consistent with the law". C4mmlaiesioaer [~mundere accepted the amendment to the motion. County Manager Dotrill commented on the term "County Manager". He advised that the distinction between having a strong County Manager form of government as opposed to a County Coordinator or County Administrator is fairly important. He noted that the section of the statute is called the County Administration section of the Florida Statutes and "County Manager" and "County Administrator" are used interchangeably. He revealed that his preference is "County Manager". Upon call for the question, the motion carried unanimously. Commissioner Saunders remarked that within the next several weeks ,oo 000 , , 195 Page 39 September 28, i993 he will be bringing to the County Commission, an appeal process for the exempt employees who currently do not have an appeal process. He explained that under the new Ordinance the Manager is permitted to discipline and dismiss employees, subject to Personnel Rules adopted by the Commission. see Recess 4:15 P.N. - Reconvened 4:30 P.N. ees Cosualssloner Saunders did not return to the ~eettng after the recess see (325) Item elJ&l RESOLUTION 93-425, RE PETITION V-93-19, WILLIAN VINES AND SHAIINON No~/,r, ItitAISK~xlNG ROBKRT HARDY AND A.N. PAPINEAU, REQUESTING A 6 FOOT FxxDVCxlO!l FRON THE WIDTH OF THE REQUIRI~D 10 FOOT LANDSCAPE BUFFER ADJACENT TO TOLLHOUSE DRIVE AND A 10 FOOT REDUCTION FROM THE W~DTH OF THE REQOIItED 20 :FOOT FRONT LANDSCAPE BUFFBR ADJACENT TO S.R. 84 AND C.R. 921 - ADOFrED Legal notice having been published in the Naples Daily News on September 12, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Milk announced that the petitioner is requesting a 6 foot reduction from the width of the required 10 foot landscape buffer adjacent to Tollhouse Drive and a 10 foot reduction from the width of the required 20 foot front landscape buffer adjacent to SR-84 and CR-951. He noted that the subject property is located within an Interchange Activity Center and is the site of the Tollgate PUD. Mr. Milk stated that the applicant has received a preliminary site development plan on the subject one acre site for a proposed Waffle House and Checkers Restaurant. He indicated that the proposed variance would improve the parking arrangement to rid the compact spa- ces and enlarge the regular spaces for ease of ingress/egress; provide a more viable green space internal to the site resulting in a more pedestrian user friendly area; and provide a better epacial arrange- ment between the buildings and the drive aisles. Mr. Milk advised that by reason of lack of a hardship, staff recommends denial of this petition. He reported that the Planning Commission unanimously recommends approval of the request. , oo, Page 40 September 28, i993 Commissioner Constantine questioned the amount of space between the subject property and the Old SR-84 roadway, to which Mr. Milk replied there is 28' from the edge of the pavement to the buffer and 103' from the edge of the pavement of CR-951 to the property. Mr. William Vines referred to two exhibits depicting the typical green apace separating external public roadways and internal develop- ment achieved by the Land Development Code {LDC) and a larger separa- tion which will occur if the variance is granted. He revealed there is extraordinary right-of-way width at this location. Mr. Vines explained that the Tollgate Development Plan and zoning was granted prior to the time the LDC was modified, requiring the greater landscape buffer. He cited that the plat was recorded prior to the time of the greater landscape buffer requirement. In response to Commissioner Volpe, Mr. Vines reported that there will be 10' from the edge of the pavement on-site, to the property line but there is an additional 98' to the CR-951 travelway. Mr. Vines stated that all landscape requirements of the LDC will be complied with. With regard to additional planrings within the 1-75 right-of-way strip and the CR-951 unpaved edged, he remarked he sees no problem, however, approval to do so would have to be obtained from the roadway owners. There were no speakers. Commissioner Constantine announced that the public hearing is closed. Coessimmioner Norris moved, seconded by Commissioner Matthews and carried 4/0 (Cmiseioner Saunders out), to approve Petition V-93-19, thereby adopting Resolution 93-425. Mr. Vines revealed that he will commit to some very definitive offsite landscaping and will communicate same in a letter to the Board. Page 41 September 28, 1993 (691) ZtemelaA2 RESOLUTION 93-426, RE PETITION V-93-20, BOB THINNES 0r Q. GRADY NINOR AND aeSOC., REPRESKNTING ALFONSO OLIVOS, REQUESTING A 5 FOOT VARIANCE FRON T~E REqOIRKD 10 FOOT LANDSCAPE BUFFER FOR I>ROPERTY LOCATED ON THE FORTI~ SlDl OF IO1ST AVENUE NORTH - ADOFTKD SUBJECT TO STIPULATION CONTAINED IN THE AGREENE/rr SHEET Legal notice having been published in the Naples Daily News on September 12, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Arnold stated that this item is a request for a 5' reduc- tion of a landscape buffer for C-3 zoned property on 101st Avenue North in Naples Park. He advised that this is also a non-conforming 50' wide lot for which the owner proposes to build a 1,000 square foot medical office which requires five parking spaces. He noted that the lot will not accommodate the five parking spaces and still meet the minimum 10' wide buffer requirements within the Code. Mr. Arnold indicated that staff has reviewed this proposal and recommends approval. Mr. Arnold reported that the Planning Commission recommends appro- val, subject to the stipulation that all landscaping normally required be installed within the reduced buffer area. Mr. Robert Thinnes, representing the petitioner, stated that this property is zoned C-3. He noted that properties to the north and west are also zoned C-3 and there are no residential properties abutting the subject lot. The~e were no speakers. Commissioner Constantine stated that the public hearing is closed. Cematselener Norris eoved, seconded by Commissioner Volpe and carried 4/0 (Cosalasioner Saundsrs out), to approve Petition V-93-20 and that Nee~lution 93-426 be adopted, subject to the stipulation con- taine4 in the bars; ~t Sheet. Page 42 September 28, 1993 (820) xs~rrloll 92-427, RE FETITION V-93-17, MARGARET OOLIAN REQUESTING a I3.4 POOr VI~IAICB FROM THE IIXST SIDE YARD OF 30 FEET TO 16.6 FEET IN ORDEII TO COmixxuCT A GARAGE/PUMP HOUSE FOR PROPERTY LOCATED AT 3730 leTEIVtXU~ I.W., ~OLDEN ~ATE ESTATES - ADOPTED Legal notice having been published in the Naples Daily News on September 12, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Scheff announced that this petition is a request for a 13.4t variance from the required west side yard of 30' to 16.6~ in order to construct a garage/pump house. He noted that this property is comprised of 2.27 acres and includes a single-family home. Mr. Scheff explained that the nature of this request is that pre- sently there exists a 35' x 25' concrete pad which contains the complete water system for the house and grounds. He remarked that the petitioner desires to construct a garage/pump house over the slab. Mr. Scheff reported that the Planning Commission reviewed this petition and recommends approval, subject to the stipulations incor- porated into the agreement sheet. Mr. Scheff announced that two letters have been received in favor of this petition indicating that the proposed structure would be an asset to the neighborhood and denial of the variance would impose a financial hardship on the petitioner. He revealed that one letter of opposition has been received from the property owner adjacent to the west, citing aesthetic concerns. In response to Commissioner Norris, Planner Scheff advised if a structure is less than S0" off the ground it does not need to meet the setback requirements, however, if it is 30" or greater in height, it is determined to be a structure and needs to meet the setback require- ments. He revealed at the time of construction of the concrete pad and the complete water system, the Code required a width of 10~ of the lot. He stated that the lot is 150' wide, therefore, the setback would have been 15' at the time of construction of the slab. He 000 207 Page 43 I September 28, ~993 remarked that the Code has subsequently been changed requiring a 30' setback and thus, the request for the reduction of 13.4'. Commissioner Volpe suggested that perhaps some additional buf- fering could be placed between the subject property and the adjacent property to the west. Hrs. Margaret Golian provided photos of the concrete slab and the water system. She remarked that the proposed structure will be more pleasing to look at than the exposed pipes protruding from the ground. There were no speakers. Commissioner Constantine ar~nounced that the public hearing closed. C~atssioner Volpe moved, seconded b~ Coweissioner ~tthm ~d c~l~ ~/0 (~i~i~er S~ders ~t), to appr~ ~tition V-93-1~, ~ ~t ~luti~ 93-427 000 Page 44 September 28, 1993 I tern el RESOLOTIOI 93-428, RE PETITION V-93-I8, NOZL A. 3. SILANG, COl~x~LLllt, WAIOeIITON BIITIRPRISIS COI~P., R~QUESTING A 2.5 FOOT VARIA31CI FRCll TH~ REQUIRED RF~R YARD OF 15 FEIT TO 12.5 FEFr FOR FROIYIRT~ LOG&TED &T 4761 0BERAR COURT, CORINTHIAN GARDENS AT WORLD Tg]IIlII CENTER - ADOPTED Legal notice having been published In the Naples Daily News on September 12, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Planner Ntno advised that this petitioner seeks to obtain a 2.5~ variance from the required rear yard of 15~ He noted that this variance only applies to a small portion of the corner of the rear yard requirement. Mr. Ntno remarked that the Planning Commission considered this request at their public hearing on September 2, 1993 and unanimously recommended approval. He reported that no objections were voiced ver- bally or in writing with regard to the grantlng of this variance. Commissioner Volpe noted that the real property abuts a body of water and no residences would be affected. There were no speakers. Commissioner Constantine closed the public hearing. Cgmmuleeloner Norris moved, seconded by Commissioner Volpe and carried 4/0 (Comalsstoner Saunders out), to approve Petition V-93-18, thereby adopting Resolution 93-428. Page 45 September 28, 1993 (s28o) R~SOLUTION 93-429, RE PETITION AN-93-2, ROBERT D. BUONPANE OF NUNZIO'S PIZZERIa RE(~UESTING A 215 FOOT WAIVER FRON TEE MININUN REQUIRED SEPARATION OF 500 FEET BETWEEN PLACES SERVING ALCOHOLIC BEVERAGES AND A DAY CaPE CKNTER FOR A RESTAURANT LOCATED AT 4843 GOLDEN GATE PARKWAY RESULTrNG IN A 255 FOOT SEPARATION DISTANCE - ADOPTED Legal notice having been published in the Naples Daily News on September 12, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Badamtchian explained that this item is a request by Nunzio~s Pizzeria to obtain a 215 foot waiver from the minimum required separation of 500 feet between places serving alcoholic beverages and a day care center. Mr. Badamtchian advised that this establishment has been doing business in Golden Gate City for the past 15 years, noting that an occasional glass of wine is served with meals. He indicated that a few months ago, this business telscared to a unit in the Winn-Dixte Shopping Center across the street from its original location. He reported that this location is 285t from a child care center which is across a four-/aned highway. In response to Commissioner Constantine, Planner Badamtchian stated that it is 285~ from the rear door of the restaurant to the child care center. He noted that the walking distance from the front door of the restaurant to the child care center is 5S0f. Mr. Badmmtchian revealed that staff recommends approval of this petition. There were no speakers. Commissioner Constantine closed the public hearing. Comatssioner Matthews moved, seconded by Commissioner Volpe end carried 4/0 (Commissioner Ssunders out), to approve Petition AW-93-2, and that Reeoluttou 93-429 be adopted. ,o0, 000 218 Page 46 September 28, 1993 RE~OLUTION 93-430, RE P~TITION CU-93-11, DAVID S. WILKISON OF WILKISON aGeD a2~3C., INC., REPRESENTING MIKE PAPPAS REQUESTING CONDITIONAL USE IN TMI R~eAL AGRICULTURAL ZONING DISTRICT FOR A GOLF DRMNG RANGE FOR FROFKITFT LOCATED AT THE I]TrERSECTION OF S.R. 951 AND MARRIOT CLUE DRIV~ (ClKaNPIONBHIP DRIVE], CONSISTING OF 13.4 ACRES - ADOPTED Legal notice having been published in the Naples Dally News on September 12, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Milk reported that this petitioner is requesting a Conditional Use of the Agricultural Zoning DIstrict for a golf driving range. He noted that the subject property is 13.4 acres In stze and part of a 40 acre parcel at the southeast intersection of Marriot Club Drive and S.R. 951. Mr. Milk announced that this site is heavily vegetated. He Indi- cated that Immediately to the north is the Southwoods PUD which is currently being cleared to be used as a borrow pit and proposed to be a TTRVC park. Mr. Milk revealed that the peti~ioner desires to build a 2,400 square foot clubhouse, chipping area, putting green and driving range. He advised that there is ample water/sewer availability and parking. Mr. Milk divulged staff concerns with regard to the placement of the tee area and its applicability to the right-of-way to SR-951 and the proposed 50' net. Mr. Milk advised that the Planning Commission and staff recommend approval of this petition. Mr. David Wtlktson, representing the petitioner, addressed con- cerns expressed by Commissioner Volpe with regard to the Irrigation for the project. He divulged that Irrigation will be provided through a ground water well permitted through the South Florida Water Management DIstrict. Mr. Wtlktson stated that he concurs with staff's stipulations. There were no speakers. Commissioner Constantine closed the public hearing. 000 , 221 Page 47 September 28, 1993 Cmmisstoner Norris moved, seconded by Commissioner Natthews and carried 4/0 (Ccsatsetoner 8aunders out), to approve Petition CU-93-I1 smd thst ~eselution 93-430 be adopted, subject to staff's stipula- (:1631) Itwm ~O&RDOFCOOFI'fCOI!IISSIONZ]~t CONNUNICATION5 September 28, I993 Commissioner Volpe requested that the Board's agenda for the meeting of October 5, 1993, Include a discussion relating to the architectural ffaideltnes for the Interstate Activity Centers. see Cox~issioner Constantine moved, seconded by Commissioner Norris and carried 5/0, that the following items under the con- sent mgwnda be approved and/or adopted: Itllt16&l WATZlt F&CILITIZ~ ACCEPTANCE FOR WINDSONG APAR~S A/X/A APRIL CIRCLI -- WIT~ STI!q~ATION8 AS LISTED IN TR1 BX~CUTIV~ SUI~UtRY R~aORD~D TN OR ROOK 1R74 PAGES 1081 - 1095 ]tZSOZ~O!I 13--4~0 R] ~IX~r, PT, It~ O~ "R~Pr_J~T O~ lST&tll glZt IO, 35" -WItqi StZlq3IdtTZORS Item See Page lt~SOLIrflO!l 93-411 9/ Pt/LINIRARYACCEPTARCE OF TH~ ROAI~&Y, DIUkINAGE, WATER MID SZMXR r!(FROvzRzRzS FOR TH~ FINAL PLAT OF "PADISOR !(RADOWS" -WITN STIIqILATIONS Item ;1614 See Page IIATZR &lID SEWER FACILITIES ACCEPTANCE FOR NADISON ~ - WITH STIPULATIONS JLS LISTHD IN THE BX~CUTIVE SUNNARY R~CORD~D TN ~ R5~ I~RR PA~KR l~&l , Item #16B1 RESOLUTION 93-412 RE/~PFROVAL ON CONVEYANCE OF WATER NANAGENI'NT ~ TO TH~ SOUTH FLORIDA WATERMANAGENENT DISTRICT AND AUTHORIZING ~ CHAIRNAN 0~ THE BOARD O~ COUNTY CONNISSIONERS TO KXZCUTETNEW~TERNANAGENX'NT EASEI~ Item 111C1 See Pages AGRIIIIIFf Xxsx~.az, Tat BOARD OF COUNTY CONNISSlOWERS AND COOL COI~21IIQII, ZIG. FOR Tl~ OPERATION OF T!~ ]!XRZFOOT B~ACR COUNTY PAItK Item e16C2 AUT~ORIZB APPROVAL TO APPL~' FOR k GRANT THROUGH THE COI~e~YNITY FOUNDATION TO RELP DEFRAY THE COST OF TH~ LATCH KEY COI~I~JNITY PROGRAN ,o., DO0 231 Page 49 September 28, 1993 TO BZ ~ZLD AT TI~ GOLDEN GAT~ COt~2qUNITY CEqTKR Item e12C3 RIVIEN AND AU'I"BQRIZ] ~ PROGRAM AFFROPRIATIONS AND THE 1993-94 CONTItAC~ ~ TI~ STATE OF FLORIDA DEPARTMENT OF HEALTH AND X.~IL.BlIZ~A~r'~E SERVICES "ee Pages a73 AFFROVI B3LTII3IDIN6 AND ~Ji~NDING ~nx TRAININO CO~rRACT WITH QO~LTEC qUav-XTY S~V~I:CX2 FOR PURPOSES OF KalIfrAINING QOALITY IMPR~ Item el6D1 See Pages AND EXECUTE THE NOTICE OF FROMISE TO PAY AND AGREEMFNT TO EXTEND PATM~FTOF SEWER IMPACT FEES FOR BUG~NIUSZ AND EAZIMIERA Item #leZl AFFRQV~ THE FINAL PHASE OF REMEDIAL CLEANING RVAC SYSTEM~ IT SELECTED COUFr~B~ILDlqIGV XNTRE ANOUNT OF ~60,124.00 Item ~ ArD I. Am~UAJa. All AMENIBIENT TO LIMITED USE LICENSE AGR~EM~IFr C~TdLIER C~NTY AND WASTE MANAGEMENT INC. OF FLORIDA AT TH~ See Page Item AUTHQRIZB C!!AI~MAN TO EXECUTE AN APPRAISAL AGREEMENT WITH ~nB'~n R. DEVOn, WAI, FOR THE APPRAISAL 0F A DRAINAGE EASEMENT REQUIRED FOR TH~ LELY BaeaSCH CANAL SYSTEM See Pages ~a ~ ° J-'~ ~ LF, II,T2 AGY .& B~ ~ CI~ OF N~LIS AI~RT A~ORI~ ~ CO~ ~ ~R ~ CO~I~ USE OF ~0~ ~EDED ~R A SOLID e~ ~~ ~ATION See Pages ~ '~,~'*- -.7 Ires CIVIl RE~OLUTIQN 93--413 APTROVING AND ACCEPTING AN EASENENT FRON IqgJFSPOrfATIOR, INC. AND AUTHORIZING TI~ CHAIRNAN TO EXECUTE 000 2'32 September 28, 1993 PORClIIIOFFIR/COITRACT FOR THE EASENENT AT CR846 AND EUSTIS AVENUE See Pages ~ ~Z ~'~ J ~ ~ RKNIIe4t~ 0l CONT!taCT NO. 91-1757 FOR NARCO ISLAND HEDZAN NAINTENANCI DORIIGFr93/94 aND FY 94/95 It~ e!~3 /te~._.~L Or COlT!riOT NO. 91-1756 FOR GOLDEN GATE PARKWAY MEDIAN NAI~ DOltll~ ~ 93/94 ~ ~ 94/95 k2~ W* OF CONTRaCT FO. 91-1786 FOR LELV GOLF ESTATES NEDIAN N~X~ '~l ~ ~ 93/94 ~ ~ 94/95 l~Li'rlOI ~3....414 M RECOg~ATZON TO THE GOVERNOR OF MR. 3AM~S g. WILLYuMrO!t!~-IPPOxRx,zNx TO THE BOARD OIl' COMMISSIONERS OF'r~HE ~Ie.S'ERAND SENEXDISTRICT See Page. It~e!13 NISCIIJ41F~O~S COIU~SPONDENCZ - FILED AND/OR REFERRED The following miscellaneous correspondence was filed and/or referred as presented by the Board of County Commissioners: ,o 000 233 Page 51 September 28, 1993 SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC DEFERDER Item 11511 &CCKPTMICI OF SUBGRaNT AWARD FOR TR/CAREER CRININAL AP~ION AND ~RG~I,,~aAIOI PRO3ECT GRANT 194-C$-12-09-21-01-056 IN THE ANOUNT OF 2170o522.00 AID aPPROVE ~ RELATED BUDGET See Page. ,~ '~'7' ~>/'/:: ~UxlON OF A QUITCLAIN DERD R~ THE PALN RIVER ESTATES, INC. CANAL RIGlIT-OF-RaY aND AUTHORIZATION FOR REAL PROPERTY DEPARTHENT TO DELIVER FOR RECORDING Item #12L2 See Pages NAM Imxsas,~x ON TWO ACCOUNTS WITHIN THE RIGGS ROAD PAVING DISTRICT There being no further business for the Good of the County, the meeting ,as adjourned by Order of the Chair -Tlme: 5:10 P.M. BOARD OF COUNTY CONI~ISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS .; CONTROL ~.~:~ .:. ~ .:.~, ,~!~u 0~ UNDERS, CHAIRMAN -. :, .- .." ~'~., , .. ~ ;,2~,.~ ". . ,"~.~: .~'t':.' 'q~ ~ese ,minutes a~roved by the Board on Page 52