BCC Minutes 10/18/1994 RNaples, Florida, October 18, 1994
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: Timothy J. Constantine
VICE-CHAIRMAN: Bettye J. Matthews
John C. Norris
Michael J. Volpe
Burr L. Saunders
ALSO PRESENT: Marilyn Fernley, Ellte Hoffman and Sue Barbiretti,
Deputy Clerks; Neil Dotrill, County Manager; Bill Hargett, Assistant
County Manager; Ken Cuyler, County Attorney; David Weigel, David
Bryant and Heidi Ashton, Assistant County Attorneys; Mike Smykowski,
Acting Budget Director; Bryan Milk, Planner; Tom Olliff, Public
Services Administrator; Wayne Arnold, Acting Site Development Review
Director; Robert Mulhere, Acting Current Planning Manager; Tom
Conrecode, Office of Capital Projects Management Director; Mike
McNees, Acting Utilities Administrator; John Boldt, Water Management
Director; Deputy Paul Canady, Collier County Sheriff's Office; and Sue
Filson, Administrative Assistant to the Board.
Page 1
'[ape #1
Item #2
AGENDA - APPROVED WITH CHANGES
October 18, 1994
Commissioner Matthews moved, seconded by Commissioner Norris and
carried unanimously, to approve the agenda with the changes as
detailed on the Agenda Change Sheet, and the following additional
item:
1. Item #8A3 - Dedication of the Water Service of Market Place
at Pelican Bay, shown on Agenda Change Sheet as add on
Item #lOG.
Page 2
October 18, 1994
(78)
Item #2A
CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES
The motion for approval of the consent agenda is noted under
Item #16.
(as)
Item #4A1
PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 17-21, 1994 AS IMMUNIZE
FOR HEALTHY LIVES BLUE RIBBON WEEK - ADOPTED
Upon reading of the Proclamation, Commissioner Mat#hews moved,
seconded by Commissioner Volpe and carried unanimously, that the
Proclamation designating the week of October 17-21, 1994 as Immunize
for Healthy Lives Blue Ribbon Week be adopted.
Proclamation accepted by Cindy Whetsell, RN, Immunization
Coordinator at the Collier County Public Health Unit.
10
Page 3
October 18, 1994
(298)
Item #4A2
PROCLAHATION DESIGNATING THE HEEK OF OCTOBER 17-22, 1994 AS HISPANIC
HERITAGE WEEK IN COLLIER COUNTY - ADOPTED
Upon reading of the Proclamation, Commissioner Norris moved,
seconded by Commissioner Matthews and carried unanimously, that the
Proclamation designating the week of October 17-22, 1994 as Hispanic
Heritage Week in Collier County be adopted.
Proclamation accepted by Yvette Saco, Assistant Vice President of
Barnett Bank and President Elect of the Latin American Business and
Professional Association.
Page 4
October 18, 1994
(4~o)
Item #4A3
PROCLAMATION DESIGNATING SATURDAY, OCTOBER 22, 1994 AS COLLIER COUNTY
PEPPER BUSTER DAY - ADOPTED
Upon reading of the Proclamation, Commissioner Volpe moved,
seconded by Commissioner Norris and carried unanimously, that the
Proclamation designating Saturday, October 22, 1994 as Collier County
Pepper Buster Day be adopted.
Proclamation accepted by Liz Langston, Environmental Specialist,
Rookery Bay National Estuarine Research Reserve.
Page 5
October 18, 1994
(553)
Item #481
RECOGNITION OF JOHN D'AMICO, ADMINISTRATIVE SERVICES DIVISION, AS
EMPLOYEE OF THE MONTH FOR OCTOBER 1994 - RECOGNIZED
Commissioner Constantine congratulated and recognized John
D'Amico, Administrative Services Division, as employee of the month
for October 1994. Mr. D'Amico was presented with a plaque and a check
in the amount of $50.00.
(620)
Item #4B2
EI~PLOYEE SERVICE AWARDS - PRESENTED
Commissioner Saunders congratulated the following employees for
their service with Collier County Government:
Irving Baez - 5 Years, Road and Bridge Presented
Dale Bergenback - 5 Years, Road and Bridge Presented
(645)
Item #4C
PRESENTATION BY THE TAX COLLECTOR - BOARD PRESENTED CHECK IN THE
AMOUNT OF $2.1 MILLION
Guy Carlton, Tax Collector, presente~ a check in the amount of
$2.1 million to the Board of County CoL;mis:-~ioners.
(699)
Item #5
BUDGET AMENDMENTS 94-717/722 AND 94-725/726 - ADOPTED
Acting Budget Director Mike Smykowski requested adopt]on of eight
(8) routine Budget Amendments as shown in the Executive Summary.
Commissioner Matthews moved, seconded by Commissioner Volpe and
carried unanimously, that Budget Amendments 94-717/722 and 94-725/726
be adopted.
(720)
Item #6
CLERK'S REPORT - NO ACTION TAKEN
(723)
Item #7A
PATRICK H. NEALE REPRESENTING MARCO LAKE DRIVE/LAKEFRONT COMMERCIAL
CONDOMINIUM/LE REFUGE RESTAURANT REGARDING PARKING - STAFF TO PRESENT
PARKING SOLUTION ALTERNATIVES IN 60 DAYS; BUILDING PERMIT AND ZONING
CERTIFICATE TO BE ISSUED
October 18, 1994
Patrick H. Neale, Attorney at Law, stated that the purpose of
this public petition is to request Board direction to Staff to issue a
zoning certificate and building permit for construction of a
restaurant at units owned by his client, Pierre St. Denis, at the
Lakefront Commercial Condominium. He indicated that the problem con-
cerning Staff is the overall parking situation on Marco Lake Drive.
Mr. Neale explained that the Lakefront Commercial Condominium is
located in the Marco Highlands Subdivision which was recorded in 1957
and the Lakefront Commercial Condominium was developed by the deve-
loper of Marco Highlands in 1972 with the condomintum documents
recorded on January 12, 1973. Mr. Neale mentioned that a lease was
executed for parking across the street prior to the recordation of the
condominium documents and was part of the required parking for the
condominium complex.
Mr. Neale stated that the original parking was granted as
parallel parking but for the past 21 years people have parked head in
which means half of the parking ]s on the County right-of-way. He
pointed out that the parking lease was challenged but was deemed valid
by Collier County Circuit Court in 1990.
Mr. Neale indicated that parking became an issue when his client
requested a building permit to construct an 80 seat restaurant which
would require 40 parking spaces which are under Lakefront Commercial
Condominium control. He stated that a conflict resulted because use
of the parking has been granted at least three (3) other times to
businesses without Lakefront Commercial Condomintum consent and was
previously represented to County Staff as being under control of other
land owners.
Mr. Neale stated that the second request is that the Board direct
Staff to begin evaluating the overall process of creating a parking
area or district in the Marco Lake Drive area to permit traditionally
uses to go forward. He pointed out that his client is willing to
cooperate in the effort to assure that everyone has the ability to
operate their businesses and function while he retains his rights to
Page 7
October 18, 1994
the use of the parking for his business.
Mr. Neale indicated that if a parking district is created where
the approved parking spaces currently exist, Lakefront Commercial
Condominium will be providing better accommodations.
Commissioner Saunders pointed out that Staff is in agreement with
the petition and questioned if an evaluation has been performed?
Bob Mulhere, Acting Current Planning Manager, stated that Staff
evaluated time petitioner's request but have not formulated the best
methodology to legitimize the parking. He pointed out that options
include creating a Central Parking District, leasing or through a
right-of-way permit, allowing parking within the right-of-way.
Mr. Mulhere indicated that currently no striping, parking curbs
or landscaping exist in the subject area and recommended pedestrian
crossing markings also. He mentioned that Lakefront Commercial
Condominium has the right to the parking but agree to utilize the ten
foot (10') strip which was designed as parallel parking as landscaping
and the County would make improvements to the right-of-way to be uti-
lized for parking, thereby allowing everyone to utilize the 65 to 70
parking spaces that would be created rather than having only the
authorized 25 parallel spaces.
Mr. Mulhere stated that Staff can come back to the Board with an
agreement amongst all of the property owners on how the parking will
be created, improved and maintained and Staff would then not have a
problem with approving the zoning certificate at this time.
Commissioner Norris stated that the subject parking area is
located behind the building and is not a heavily traveled street; the
only people utilizing the road will be patrons of the complex.
Mr. Mulhere explained that one (1) existing restaurant utilizes
the parking and some distribution of use~ that will not exceed the
provided parking will be required because of the proposed second
restaurant; If more restaurants are planned for the complex, suf-
ficient parking will not exist. He indicated that the problem can be
addressed by document relative to hours of operation and/or a mix of
Page 8
October 18, 1994
uses.
In response to Commissioner Saunders, Mr. Mulhere informed that
Staff will need 60 to 90 days to formalize plans for the parking
remedy, especially if a parking district is created.
In response to Commissioner Constantine, Mr. Mulhere indicated
that Staff is comfortable that Mr. Neale's request can be met except
Staff will need to ascertain what the other uses in the building are
in order to establish parking requirements.
Mr. Neale pointed out that his client owns 75 percent of the
units in the building and is willing to change the condominium rules
to require any other uses other than the restaurants to terminate at
5:00 P.M.
In response to Commissioner Volpe, Mr. Mulhere explained that
the ten foot (10') strip is under a 99 year lease to Lakefront
Commercial Condomtnium and the County's involvement is in the 60 foot
wide right-of-way which is where the head in parking is occurring.
Commissioner Saunders moved, seconded by Commissioner Matthews,
that Staff expeditiously evaluate and formulate a solution to the
parking issue and present those findings to the Board within 60 days.
Mr. Neale requested that Staff also be directed to issue the
zoning certificate to allow his client to proceed with construction of
the restaurant.
Commissioner Saunders amended his motion to include that Staff
issue the building permit and zoning certificate.
County Attorney Cuyler stated that Mr. Nea]e acknowledges that
if the parking issue is not remedied, the Certificate of Occupancy
will not be issued.
Mr. Neale indicated that that is not his understanding because
his client has a legal right to 40 available spaces.
Mr. Cuyler pointed out that he has no problem as long as only the
40 parking spaces are needed.
Commissioner Saunders explained that in making the motion it was
his understanding that adequate parking for the use intended existed
Page 9
October 18, 1994
and Mr. Neale will have to address the problem if that is not true.
Commissioner Matthews amended the second.
Upon call for the question, the motion carried unanimously.
(1257)
Item #7B
TYLER DAY, PRESIDENT OF THE MONTEREY CLUB, REGARDING MEDIAN
CONSTRUCTION ON GOODLETTE-FRANK ROAD - STAFF TO EXPEDITE PERMITTING
FOR VANDERBILT BEACH ROAD FROM U.S. 41 TO GOODLETTE-FRANK ROAD AND A
PUBLIC HEARING IS TO BE HELD ON NOVEMBER 1, 1994
Tyler Day, a resident of the Villages of Monterey, stated that
the purpose of this petition is to request that a public hearing be
held for reconsideration of the Board decision to construct a median
on Goodlette-Frank Road at the North Carlca Road intersection. He
indicated that the Board's decision on September 27, 1994 was an Issue
of major public concern and the public in general was not aware that a
decision was going to be made.
Mr. Day mentioned that he had not realized until he started a
petition how many residents were opposed to the median and who feel
that the median will adversely affect the public at large. He
explained that an opportunity is needed for the public to bring all
aspects of the issue before the Board.
Mr. Day stated that the petition is on behalf of the North Naples
Citizens Traffic Group which consists of residents from North Naples
communities who oppose the median and members include residents from
within the community of Pine Ridge.
Mr. Day explained that the main concern in opposing the median is
safety because drivers are forced to execute u-turns on Goodlette-
Frank Road, emergency services ingress and egress is impeded and for-
ces those services to execute dangerous turns, traffic will pile-up
south of Center Street where no left turfi lane exists on
Goodlette-Frank Road and creates a potentially dangerous obstacle on a
narrow road.
Mr. Day stated that the median is a breach of the 1981 contract
with the original developers of Goodlette-Frank Road, now represented
by Monterey, the Crossings and Emerald Lakes, to provide westerly
Page lO
October 18, 1994
access on existing roads.
Mr. Day indicated that restriction of access will result with
installation of the median to residents on both the east and west side
of U.S. 41 as well as the residents within Pine Ridge.
Mr. Day stated that adverse traffic redtrection will result with
the restriction of access to North Car/ca Road because of the increase
in traffic on other roads within Pine Ridge that are less capable of
coping.
Mr. Day indicated that the denial of use of public roads is pre-
judicial and discriminatory when applied to one community that is
influential and den]ed to others with more realistic safety needs. He
stated that the communities bordering on Granada Boulevard, Solana
Road and Ohio Road have a greater need for restriction of traffic if
this were a County policy.
Mr. Day explained that construction of the median is misuse of
taxpayer money because it incurs both capital expenditures at approxi-
mately $11,500 and future unbudgeted maintenance expenses.
Mr. Day mentioned that an independent Lee County traffic con-
sultant reviewed the traffic situation tn 1993 and found that both
Hickory Road and Cartca Road are capable of handling traffic well in
excess of 5,000 vehic]es per day and road improvements have occurred
since then. He stated that traffic is being channels to Hickory Road
from within Pine Ridge due to the barricades constructed and pointed
out that Hickory Road, Carlca Road, Ridge Street and Center Street are
as wide or wider than other more heavily traveled roads outside of
Pine Ridge.
Mr. Day stated that Pine Ridge is not small and compact but runs
approximately three (3) miles north to south and to isolate this com-
munity would be impractical and contrary to public policy.
Mr. Day indicated that since the roads in Pine Ridge were opened
to cut through traff{c ]n 1993, no accidents have been reported on the
less than one (1) mile long section of Hickory Road and North Carlca
Road. He explained that the Hickory Road design ts exceptional for
Page 11
October 18, 1994
the width of the road, homes mostly on one (1} side, a footpath and
bicycle path stretching the whole length of the road with a berm
approximately 20 feet wide separating the path from the road.
Mr. Day stated that alleged speeding problems cannot be solved by
imposing an obvious and greater safety risk of a median.
Mr. Day indicated that neighborhood integrity is important but it
is doubtful whether neighborhood integrity is affected by traffic on
Hickory Road or on North Carica Road which are peripheral roads on
the northern perimeter of the community; however, when the concept of
neighborhood integrity is applied to one (1) neighborhood alone, Pine
Ridge, but not to others such as Countryside, Foxfire, Moorings, Park
Shore, etc. it is unsupportable.
Mr. Day stated that community interest is an important factor
and it is overwhelming against the median because only approxima-
tely 20 households will benefit from construction of the median while
the adversely affected are a majority of North Naples residents.
Mr. Day concluded that those affected by the threat of traffic
safety include the whole motoring public and the recommendation of the
Board was made without a consensus of the North Naples and virtually
all Pine Ridge residents. He indicated that any attempt to resolve
the traffic issue within Pine Ridge should take into account the
impact that the barricades at Center Road and South Carlca Road now
have on traffic flow within the community as well as the impact of the
future change upon the neighborhoods.
Commissioner Constantine clarified that the purpose of the peti-
tion is to have a public hearing on the traffic issue in Pine Ridge
and not the issue of the median itself.
The following people spoke on this item:
Sally Barker Arnold Dehart
Gene PJstery George Keller
Richard Graham-Yooll
Commissioner Saunders stated that the ultimate solution to the
problem is completion of the Vanderbilt Beach Road segment between
U.S. 41 and Good]ette-Frank Road but Staff indicated that environmen-
Page 12
October 18, 1994
tal permitting will not allow the County to pursue the project in
segments but must be addressed as a whole from U.S. 41 to Airport
Road. He suggested that Staff approach the permitting agencies and
request the environmental permits so that the County can construct the
road from U.S. 41 to Goodlette-Frank Road with the understanding that
Collier County cannot utilize the fact as justification for obtaining
environmental permits for subsequent segments.
Transportation Services Administrator Archibald advised that
Staff would like to accomplish that request but the Corps of Engineers
since 1991 has indicated that they would require the County to show
any impacts of the entire development of both Vanderbtlt Beach Road
and Goodlette-Frank Road before issuing environmental permits. He
suggested that Staff contact the South Florida Water Management
District and the Corps of Engineers to ascertain if they wtl] allow
special conditions to allow a two lane intermediate road. Mr.
Archibald explained that Staff does not recommend proceeding with Just
two laning but at the same time Staff will supply the Board with a
status report on the negotiations for permits to address how to expe-
dite the permitting activity for the entire corridor versus the per-
mitttng of Just one segment.
Commissioner Saunders moved, seconded by Commissioner Norris and
carried unanimously, that Staff take whatever measures are necessary
to expedite permitting for Vanderbilt Beach Road from U.S. 41 to
Goodlette-Frank Road and to keep the Board informed as to nego-
tiations.
Commissioner Vo]pe pointed out that the median construction did
appear as a regular agenda item and alternatives for solving the issue
were presented by Staff with a thorough debate ensuing. He
acknowledged that the proposed solutions were probably not available
to the Pine Ridge Traffic Committee and recommended that a public
hearing be held.
Commissioner Norris indicated that the Board did have a public
hearing and cannot continue to hear the same Issues multiple times
Page 13
October 18, 1994
because it is not conducive to efficient government.
Commissioner Matthews indicated that she was under the impress]on
the last time the issue was heard that the presentation was a consen-
sus of the residents in the area and not simply within Pine Ridge.
She explained that all people affected should have an opportunity to
present their side and a public hearing should be held.
Commissioner Saunders stated that a complete hearing of the issue
may not have taken place on September 27, 1994 allowing for as much
public input as possible and supports the idea of having a public
hearing.
Commissioner Matthews recommended that representatives from all
groups involved in the issue meet and try to resolve the issue amongst
themselves, ]f possible, because it ]s difficult for the Board to make
a decision on a solution that everyone will be happy with.
Commissioner Volpe moved, seconded by Commissioner Norris and
carried unanimously, that a public hearing be held on November 1,
1994.
(2729)
Item #7C
FRED N. THOMAS, JR., EXECUTIVE DIRECTOR OF THE COLLIER COUNTY HOUSING
AUTHORITY, REGARDING WAIVER OF DEVELOPMENT AND IMPACT FEES -
PREVIOUSLY EXEMPTED FROM IMPACT FEES BY ORDINANCE; DEVELOPMENT FEES
WAIVED; STAFF TO IDENTIFY FUNDING SOURCES
Attorney George Varnadoe stated that in the advertised agenda
this item implies that this is a request for waiver of impact fees
but publicly owned residential housing is exempt from impact fees by
ordinance.
County Attorney Cuy]er acknowledged that discussions have been
held with Mr. Varnadoe and the impact fees are waived by previous
ordinance.
In response to Commissioner Vo]pe, Mr. Varnadoe explained that a
waiver is being requested for rezoning fees, Environmental Impact
Study fees, Site Development Plan fees, etc. in addition to building
permit fees.
Fred Thomas, Executive Director of the Collier County Housing
Page
October 18, 1994
Authority, stated that the Housing Authority is embarking on a $4.9
million project to construct 80 units of farm labor housing on land in
Immokalee donated by the Barton Collier Group as part of their Grey
Oaks Development of Regional Impact process.
Mr. Thomas indicated that private/public partnerships are
necessary to receive high ranking grants from the Federal government
and the Housing Authority is seeking a little over $3.5 million in
grant funds and a $1 million loan for this project. He explained that
support has been shown by the private sector with the donation of land
and the Authority would like to show public support in order to make
the grant application more appropriate for approval.
Mr. Thomas stated that the estimated total for the requested
waived fees is $38,000.
Mr. Thomas indicated that clearance for the project has been
received from the Department of Game and Fish but some environmental
review is necessary and requested Staff assistance in order not to
waste funds on consultant fees.
Commissioner Norris moved and seconded by Commissioner Saunders
that development fees be waived and Staff assist with the environmen-
tal review.
Wayne Arnold, Acting Site Development Review Director, stated
that the fee waiver request affects the Enterprise funded activity and
would not provide the funding necessary to provide the resources for
Staff to perform the reviews. He recommended that a transfer be made
from another tax fund to pay the development fees.
Commissioner Norris amended his motion to include that Staff pro-
vide a list of proposed funding sources. Commissioner Saunders
amended his second.
Upon call for the question, the motion carried unanimously.
(3055)
Item #TD
LOIS WMRNMR REPRESENTING CORVETTES GO MADD REQUESTING A WAIVER OF
SPECIAL EVENT PERMIT FEE - WAIVER OF EVENT PERMIT FEE APPROVED AND
STAFF TO IDENTIFY FUNDING SOURCES
Lois Werner, representing Corvettes Go MADD, stated that on
November 6, 1994 an event will be held at Sam's Club parking lot for
October 18, 1994
the benefit of Mothers Against Drunk Drivers (MADD) and requested a
waiver of the $75.00 special event permit fee for this non-profit
organization.
Commissioner Constantine stated that the County in the past has
assisted with fund raisers by waiving the special event permit fee and
finding other funding sources.
Bill Hargett, Assistant County Manager, indicated that an alter-
nate funding source can be found to pay the fee for the organization.
Commissioner Norris moved, seconded by Commissioner Matthews and
carried unanimously, that the special event permit fee be waived and
an alternate funding source be identified by Staff.
s$s Recess 10:30 A.M. - Reconvened at 10:50 A.M. at which time
Deputy Clerk Hoffman replaced Deputy Clerk Fernley *s*
(3130)
Item 18A2
RESOLUTION 94-737, RATIFYING AND APPROVING THE EXPENDITURE OF COUNTY
FUNDS FOR 1994 COLLIER COUNTY WELL DRILLING SEMINAR AND FINDING AND
DECLARING THAT SAID EXPENDITURES ARE AUTHORIZED AS SERVING A VALID
PUBLIC PURPOSE - ADOPTED
Assistant County Manager Hargett stated that staff recently held a
Well Drilling Seminar and refreshments were provided to accommodate
the people from out of town. He requested Board approval for expenses
incurred in the amount of $61.78.
Commissioner Norris moved, seconded by Commissioner Saunders and
carried 4/0 (Commissioner Volpe out), to approve the expenditure in
the amount of $61.78, thereby, adopting Resolution
Commissioner Matthews suggested that there be a token amount
included in the authorization for future seminars, to alleviate staff
coming to the Board for approval.
Acting Community Development Services Administrator Clark stated
that the Board may dealre to make a ruling for instances when there
a public gathering or [~ublic lr,,lnlng sef~sJon.
Commissioner Constantine requested that Mr. HarEerr draft a
policy in this regard to be presented to the Board at an upcoming
meeting.
,,o.,, I]1]0,,..., 26
Page 16
October 18, 1994
(~274)
Ite~ #8A3
DEDICATION OF THE WATER SERVICE OF ~RKET PLACE AT PELICAN BAY -
APPROVED SUBJECT TO LEGAL REVIEW BY THE COUNTY ATTORNEY'S OFFICE
Acting Site Development Review Director Arnold advised that this
item is something that normally would appear on the consent agenda for
the acceptance of the water system to serve the Market Place project
at Pelican Bay. He revealed that this system is operational and has
been inspected by County staff.
Commissioner Saunders moved, seconded by Commissioner Norris and
carried unanimously, to approve the dedication of the water service of
Market Place at Pelican Bay, subject to review by the County
Attorney's Office.
(3330)
Item #8B1
RECOMMENDATION TO CONSIDER THREE DISTRICT BOUNDARIES FOR THE COUNTY
BARN ROADSIDE DRAINAGE IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT
(MSTU) - APPROVED
Transportation Services Administrator Archibald stated that this
agenda item relates to creating district boundaries whereby staff
would prepare ordinances for future consideration by the Board as part
of funding and solving financial problems involved with providing an
improved outfall for the County Barn area and include same in the four
laning of County Barn Road. He pointed out that staff has prepared a
map outlining three specific areas of benefit.
Mr. Archibald remarked that staff has identified three district
boundaries where there will be benefits and as part of the effort to
go through the public hearing and ordinance procedures, he suggested
Board review and approval of the boundaries prior to advertising.
Mr. Archibald advised that the first district fronts the County
Barn Road corridor and extends to the east; the second district
extends to the west along the County Barn Road corridor; and the third
district is north of Davis Boulevard but does provide benefits as the
result of the water having an outfall to the south.
Mr. Archibald recommended that an ordinance be created for each
Page 17
October 18, 1994
district boundary and that a tax be created and assessed in the future
to fund the one million dol]ar project. He exp]ained that the ordi-
nances would be created this year and during the budget process for FY
95/96, the Board would review the millage rate to be applied over a
one year time frame or up to a five year time frame to allocate the
benefit to be derived to those specific districts.
Tape #2
In answer to Commissioner Volpe, Mr. Archibald reported that there
are different levels of benefit with regard to drainage improvements
and it is not appropriate to create one County-wide district but to
identify by district boundary a more direct benefit and relate that
benefit to an assessment or taxation. He revealed that staff is
recommending that the taxation premise be followed and create benefit
areas and tax those areas in the future, based upon their ability to
pay, benefits derived and in consideration of the capital cost.
Commissioner Volpe cited reservations with respect to moving for-
ward. He recalled that it has been the policy of the Board, with
regard to the creation of MSTU's that it would only be done by
accepting those very extraordinary circumstances, based upon a peti-
tion, signed by 50% +1 of the people within the proposed area.
Mr. Archibald pointed out that studies have been made and a number
of parties have approached the Board on a number of occasions
requesting these boundaries, noting this does not relinquish the
public hearing process.
Commissioner Saunders stated that he does not object to approving
the recommendation of staff as long as it is understood that there
will be adequate notice in addition to the public hearing process.
Commissioner Saunders moved, seconded by Commissioner Norris and
carried 4/1 (Commissioner Volpe opposed), to approved the recommen-
dation of staff.
(255)
Item #8C1
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS REVIEW THE
ANNUAL CONTRACT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND
RERABILITATIVE SERVICES (HRS) AHD COLLIER COUNTY AND DETERMINE THE
CONTRACT LANGUAGE RE INDEMNIFICATION OF THE COUNTY - CONTRACT APPROVED
WITH LANGUAGE RECOMMENDED BY COUNTY ATTORNEY'S OFFICE; ATTORNEY
Octobe~ 18,
GENERAL'S OPINION TO BE SOUGHT AND IF LANGUAGE IS NOT LEGAL, AGREEMENT
TO BE BROUGHT BACK
Public Services Administrator Olltff advised that this item is a
recommendation for Board review and approval of a contract between the
State's Health and Rehabllitative Services Department and Collier
County. He reported that annually, the County provides funding for
the local Health Department with an agreement that outlines the ser-
vices to be provided. He pointed out that the agreement recognizes
the amount of funding provided by the State so that the Board and
public have an awareness of the total services provided by the Hea]th
Department.
Mr. Olliff explained that the County's contribution under this
contract is $899,200 which is an increase from last year's contract of
$42,100. He noted that the increase ts the result of a Tuberculosis
Surveillance Program that was approved as part of the program
budgeting process.
Mr. Olliff stated that in addition to the cash contribution, the
County provides office space in Building "H" and in Immokalee. He
revealed that the County's contribution has been valued at $610,100
and according to the contract, the total contribution from the County
to the Public Health Unit for the coming fiscal year is $1,5OO,000.
Mr. Olliff called attention to the Indemnification and hold
harmless language which needs to resolved. He noted that the County
Attorney's Office Is recommending the proposed language as reflected
at the bottom of Page ] and the top of Page 2 of the Executive
Summary. He requested Board approval of the contract, with the
language as recommended by legal staff.
Attorney Eugenfe Rehak, District Legal Counsel for HRS, voiced
concerns with regard to the language recommended by the County
Attorney's Office. She reported that the second paragraph of the
language is problematic, noting that the Department is willing to come
forward and pay for its own negligent acts. She stated that the
problem is the indemnification issue.
Page 19
October 18, 1994
Ms. Rehak announced that the Department of Insurance interprets
Section 768.28, Florida Statutes, as prohibiting the Department from
indemnifying the County for its negligence. She reported that the
statement of coverage from the Department of Insurance states that any
type of liability that is assumed by the insurer (HRS) under any
contract or agreement will be excluded.
Ms. Rehak indicated that she considers the Public Health Unit to
be a very worthy effort to be Jointly funded by both the State and the
County and suggested that the contract not be delayed. She remarked
that at this point, HRS cannot unllatera]]y change the interpretation
of the Department of Insurance or seek other insurance.
Assistant County Attorney Bryant concurred that he and Ms. Rehak
do not agree with the interpretation of Section 17 of FS 768.28. He
remarked the language says the County cannot require HRS to indemnify
the County for its negligence. He remarked that the County is not
asking HRS to indemnify the County for its negligence, but rather that
HRS hold the County harmless for HRS' negligence.
Mr. Bryant pointed out that the people working for HRS that per-
form medical tasks have their own separate sovereign immunity. He
noted that the case law is very clear, in that, the agency is who is
sued and served for that lawsuit. He revealed if the County provides
money to the agency and they are the final arbiter of the decision
making, the county is liable.
Ms. Rehak cited that she does not disagree with Mr. Bryant, noting
that by law, if HRS does perform a negligent act, it will come forward
and be responsible for same. She noted that the issue is truly the
indemnification.
Commissioner Saunders stated that the County Attorney is of the
opinion that th~ cor~Ir~,;t wnul,] t,,' l~g~] with th,f
however, Ms. R,~hak is sayir~9 h,~r cjient will not sign the contract
because in the opinion of the Department, it is not legal. He
affirmed there appears to be an impasse. He questioned whether the
Public Health Unit would be without funding from the County if the
Page 20
October ~8, 3994
County Commission does not sign the contract with the indemnification
language.
Roger Evans, Public Health Unit Business Manager, advised if the
Board elects not to sign the contract, it places the County Finance
Department in difficulty with processing any monthly draws to HRS. He
reported that the Health Unit would continue to work from Reserves
until such time when operations would be no Ionget possible.
In answer to Commissioner Constantine, Mr. Evans stated the poten-
tial exist that the Department may challenge the issue and attempt to
arrive at a negotiated solution.
Commissioner Saunders related that he presumes HRS would sign the
contract if a request is made for an opinion from the Attorney General
with regard to an interpretat]on of the language and the opinion indi-
cates the language to be legal, however, if the Attorney General
interprets that the language is not legal, the County would not
require same.
Ms. Rehak remarked that she believes it would take at least 30-45
days before an opinion could be obtained from the Attorney General.
Ms. Rehak revealed that she takes the position, based on conver-
sations with the insurance company, that the statement of coverage
excludes anything to expand the ]]ability by contract.
Mr. Bryant pointed out that the Board of County Commissioners has
no medical malpractice coverage which is another reason for the addi-
tional language from the agency.
Commissioner Saunders stated that this issue needs to be resolved
and if there is a legal term in the contract, HRS is likely to sign
same, however, if the term in the contract is not legal, the County
should not require it. He suggested that the pro rata funding be pro-
vided for the 45 days it wi]] take for the issue to be resolved.
Commissioner Constantine recommended that the Board approve the
contract, including the language suggested by the County Attorney's
Office, subject to obtaining an opinion from the Attorney General and
if it is determined that the language is not legal, the contract would
Page 21
October 18, 1994
be amended and brought back to the Board.
Commissioner Volpe stated if there is an impasse, the Commission
should reduce the amount of the funding otherwise payable to secure
the necessary insurance to protect the County's potential liability.
Commissioner Saunders moved, to approve the contract with HRS with
the deletion of the language in Paragraph two of the executive sum-
mary and an additional paragraph be added stating: "MRS and Collier
County will petit/on immediately, an opinion from the Attorney General
concerning the legality of including the language contained on Page
two into the contract; the County to provide pro rata funding in the
· interim; and staff to take the necessary steps to adequately protect
the County, in the event the language is not permitted to be included.
Motion failed for lack of a second.
Commissioner Constantine moved, seconded by Commissioner Norris
and carried 4/1 (Commissioner maunders opposed) to approve the
contract with the language recommended by the County Attorney's Office
and that an opinion be sought from the Attorney General; HRS to fund
from Reserves in the interim; and if the language is legal, the County
iS protected; and if it is determined that the language is not legal,
the Board will address the issue of the cost to obtain adequate
insurance and the impact on the Health Department.
(1403)
Item #SH1
SUPPLEMENTAL AGREEMENT TO CONTRACT 94-2176 WITH BETTER ROADS, INC. FOR
TRE FROPOSED ADDITIONAL IMPROVEMENTS TO AIRPORT-PULLING ROAD (C.R.
AT TEE INTERSECTION WITH PINE RIDGE ROAD (C.R.896) - APPROVED IN THE
AMOUNT OF $685,176.63
Office of Capital Projects Management Director Conrecode explained
that this item is the second phase of a two phased six lanlng project
along Airport Road from Golden Gate Parkway to Pine Ridge Road. He
noted that thls l~c]u,],.,~ the intersection improvements from 3/10 mile
south of Pine Ridge Road to Cougar Drive.
Mr. Conrecode stated that staff is recommending that the Board
consider this work as an amendment to the agreement with the contrac-
tor who is doing the six Janlag since the work can be substantially
Page 22
October 18, 1994
completed prior to the tourist season. He indicated that because of
the nature of the bid and the unit pricing provided, the County is
receiving an excellent price on this element of the work.
Mr. Conrecode requested that the Board take exception to the
Purchasing Policy and approve the Supplemental Agreement with Better
Roads, Inc.
In response to Commissioner Volpe, County Attorney Cuy]er
announced that he is comfortable with staff's recommendation, as
outlined on Page 2 of the Executive Summary.
Commissioner Volpe moved, seconded by Commissioner Norris and
· carried 4/0 (Commissioner Saunders out), to approve the Supplemental
Agreement to Contract No. 94-2176 with Better Roads, Inc., in accor-
dance with staff's recommendation.
Page 23
October 18, 1994
(1555)
Item #8H2
SUPPLEMENTAL AGREEMENT NO. 1 WITH CH2M HILL FOR ENGINEERING DESIGN
SERVICES RELATING TO THE PROPOSED IMPROVEMENT TO PINE RIDGE ROAD,
C.R. 896, BETWEEN AIRPORT-PULLING ROAD, C.R. 31 AND LOGAN BLVD. -
APPROVED
Office of Capital Projects Management Director Conrecode recalled
that in April, 1994, staff presented an item to the Board with regard
to the design of the six laning of Pine Ridge Road from Airport Road
to 1-75. He noted that staff was directed to consider an additional
3/4 mile east to Logan Boulevard and this item represents the
Supplemental Agreement with the designers to move forward with that
phase of the work.
Commissioner Norris moved, seconded by Commissioner Matthews and
carried 4/0 (Commissioner Saunders out), to approve the Supplemental
Agreement with CH2M Hill, as recommended by staff.
Page 24
October 18, 1994
{1see)
Item #8~3
AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT WITH HOLE, MONTES &
ASSOCIATES, INC. FOR MODIFICATIONS AND IMPROVEMENTS TO THE SOUTH
COUNTY REGIONAL WASTEWATER TREATMENT PLANT - APPROVED
Office of Capital Projects Management Director Conrecode stated
that in February and March, 1994, staff presented the Board with a
contract from Ho]e, Montes& Associates, Inc., for the design of al]
the work associated with the expansion of the sewer service to the
South portion of the County. He indicated that this included reme-
dtatlon of the problems at the current South Plant site; consideration
of deep well; and consideration of expansion at that site or an alter-
nate site.
Mr. Conrecode reported that the Board directed staff to proceed
with four elements of work which was concluded in August, 1994 and
staff is now requesting an amendment to the base contract which provi-
des for a number of phases of work: enclose the irrigation pumping
facility; convert to the ltquid bleach disinfectant system; address
the effluent disposal through deep well injection; and complete an
Effluent Master Plan associated with the permitting.
In answer to Commissioner Vo]pe, Mr. Conrecode stated that the
cost of the work completed to date is $250,000 and the work under con-
sideration is $939,000.
Commissioner Norris questloned the dollar amount associated with
the deep well injection, to which Mr. Conrecede replied approximately
$582,000.
Commissioner Norris voiced concern with regard to moving forward
with deep well injection for effluent.
Commissioner Volpe questioned whether the design to expand the
North County Wastewater Treatment Plant Includes a deep well injec-
tion system.
Mr. Tom Taylor of Hole, Montes & Associates, stated that the
ongotng construction phase of that work does not include a deep well.
He noted that he believes a deep well will be required In the very
Page 25
October 18, 1994
near future.
Commissioner Matthews related concerns with respect to deep well
injection. She indicated that she understood that noise, odor and
chlorine problems would be resolved, noting that she has not heard
anything that definitively affirms that this has been accomplished.
She remarked that the Board told the residents in the area that the
plant will not be expanded until those problems have been solved.
Mr. Taylor stated that the answers to correct those problems are
at hand. He pointed out that the requested contract amendment is the
next step to implement the correct]ve actions. He indicated that the
deep well is another side issue which has not been in the forefront.
He noted that during the summer, staff has had difficulty in disposing
of effluent on a daily basis.
In response to Commissioner Constantine, Mr. Conrecode explained
that the conditional use is required in order to do the change in
disinfection and the noise abatement.
Commissioner Norris moved, seconded by Commissioner Volpe and
carried unanimously, to approve the items requested by staff, with the
exception of the deep well injection program; and County Manager
Dorrtll directed to bring back alternatives on November 22, 1994.
Page 26
October 18, 1994
(2410)
Item #9A
RESOLUTION 94-738, RE THE BOARD ASSIGNING AND QUIT CLAIMING ITS LIEN
RIGHTS FOR WATER AND SEWER SERVICES AGAINST PROPERTY LOCATED AT 60
FOUNTAIN CIRCLE, NAPLES, FLORIDA - ADOPTED
County Attorney Cuyler explained that Attorney Robert Hines repre-
sents a client who moved into a residential unit that had an existing
water bill. He advised that the petitioner has no objection paying
the bill, but is requesting an assignment of the lien.
Mr. Cuyler stated that he ]s comfortable with the proposed resolu-
tion.
Assistant County Attorney Ashton reported that the resolution con-
tains the following conditions:
1. The Board makes no representation as to the priority lien
status as to the Board's authority to assign the lien and as
to the validity of the lien itself.
2. The Board will assign and quitclaim its rights, if any.
3. The person who is assigned the lien shall pay for any attor-
ney's fees and costs incurred by the County in connection
with action to enforce or foreclose the lien.
Commissioner Norris moved, seconded by Commissioner Matthews and
carried 4/0 (Commissioner Saunders out), that Resolution 94-738 be
adopted.
Page 27
(2520)
Item
N~GOTIATED SETTLEMENT BETWEEN THE UNITED STATES OF AMERICA AND COLLIER
COUNTY IN THE MATTER OF CASE NO. 93-289-CIV-FTM-24 - ADOPTED
Assistant County Attorney Bryant recalled that this item was
discussed and approved in concept at the meeting of October 11, 1994
and is being presented at this time for formal approval.
Commissioner Norris moved, seconded by Commissioner Volpe and
carried 4/0 (Commissioner Saunders out), to approve the negotiated
settlement between the United States of America and Collier County in
the matter of Case No. 93-289-CIV-FTM-24.
(2570)
Item #9C
DISCUSSION OF ISSUES RELATED TO LOCAL BID PREFERENCES ON PUBLICLY BID
PROJECTS - NO DESIRE BY THE BOARD TO PURSUE LOCAL BID PREFERENCES
County Attorney Cuy]er explained that the purpose of this item ]s
to generate a discussion with regard to whether the Board is
interested in a local bid preference. He indicated that the basic
concept is to set a percentage and credit a local contractor with that
percentage. He advised that Lee County has an ordinance providing for
a 3% local bid preference.
Commissioner Constantine stated that the current policy indicates
if two identical bids are submitted, the preference goes to the local
bidder. He remarked that he believes this is more than adequate and
it does not make any sense to spend more money. Commissioner Norris
concurred.
Commissioner Volpe noted that he agrees with Commissioner
Constantine's comments. He pointed out that his concern with regard
to a 3% local bid preference on a $2 million or $3 million contract is
a significant amount of money.
Commissioner Saunders stated that he does not disagree with the
concept of not wanting to spend more money, but noted that frequently
a contractor from out of state will bid on a project, low balling the
bid with the intent of immediately beginning the change order process
Page 28
October 18, 1994
and immediately preparing a file for litigation purposes. He related
if there are good quality local contractors, there will be some reluc-
tance to engage in that type of activity. He indicated that the con-
cern is whether there is a procedure that may save the County money in
the long run by eliminating those types of unforeseen costs.
Commissioner Matthews revealed that she prefers a system where
businesses that do low balling can be be identified In the pre quali-
fication process.
Mr. George Keller spoke with regard to this item.
The consensus of the Board was not to pursue local bid preferences
on publicly bid pro3ects.
{3250)
Item #10A
EXTRA GAIN TIME FOR INMATE NUMBERS 37236 AND 35815 - APPROVED
Commissioner Norris moved, seconded by Commissioner Matthews and
carried 4/1 (Commissioner Constantine opposed), to authorize extra
gain time for Inmate Numbers 37236 and 35815.
74
Page 29
October 18, 1994
(3276)
Item Sl0B
AMENDED REQUEST FOR EXTRA GAIN TIME FOR INMATE NO. 58258 - DENIED
Commissioner Norris moved, seconded by Commissioner Constantine
and carried unanimously, to deny the request for Extra Gain Time for
Inmate No. 58258.
Page 30
October 18, 1994
(3340)
Ztem #10C
RESOLUTION 94-739 APPOINTING DALAS DISNEY AND ROBERT DUANE TO THE
DEVELOPMENT SERVICES ADVISORY COMMITTEE - ADOPTED
Administrative Assistant to the Board Fflson stated that this item
is a request to appoint two members to fi]] the remainder of terms
which were vacated by Pamela Mac'Kie and 3oyceanna Rautio. She
announced that the Development Services Advisory Committee unanimously
recommends the appointments of Da]as D. Disney and Robert L. Duane.
Commissioner Matthews moved, seconded by Commissioner Constantine
and carried 4/1 (Commissioner Volpe opposed), that Resolution 94-739,
appointing Dalas Disney and Robert Duane to the Development Services
Advisory Committee be adopted.
Page 31
October 18, 1994
(3500)
Item #ZOD
RESOLUTION 94-740 APPOINTING FREDERICK C. GARTZ TO THE COLLIER COUNTY
PLANNING COMMISSION - ADOPTED
Commissioner Norris moved, seconded by Commissioner Volpe and
carried unanimously, that Resolution 94-740 appointing Frederick C.
Gartz to the Collier County Planning Commission be adopted.
Page 32
October 18, 1994
(3525)
Item #IOE
REQUEST FOR BOARD DIRECTION RE THE UTILITIES ISSUES AT BOYNE SOUTH
FROSECT - STAFF TO WORK WITH PETITIONER AND REPORT BACK TO THE BCC
Attorney Anthony Pires, Jr., representing Boyne USA South, Inc.,
stated that his client is the owner of a project located east of
CR-951 and U.S. 41. In addition, he reported that his client owns the
golf course situated in that location and there are 328 platted single
family sites.
Mr. Pires advised that there are approximately ten homes in the
single family area and two other houses are under construction.
Tape #3
Mr. Ptres explained that staff's position is that the water,
sewer, roadway and drainage facilities have not been fully accepted by
the County, however, preliminary acceptance was granted in 1985.
Mr. Pires stated that water is provided by a County line along
U.S. 41. He noted that a trailer park which ls outside the project is
connected to the potable water line.
Mr. Pires remarked that the Resolution Trust Corporation (RTC) is
currently the owner of 235 of the 328 single family homesites. With
regard to the issue of the water/sewer lines, he indicated that there
are no meters located at the houses within the Royal Palm Golf Estates
project nor the clubhouse, but there are meters at the trailer park.
Mr. Pires pointed out that the problem is that the County will not
accept the facilities until the water, sewer, roads and drainage are
brought up to today's standards. He advlsed that in order to bring
the water and sewer lines up to current standards, the approximate
cost is $800,000. He explained if the water and sewer lines could be
brought up to functionally operational standards and meet leakage,
pressure, quality and quantity standards, the cost would be $226,000.
Mr. Plres stated that there are various questions as to who owns
the lines. He revealed that based upon his review of documentation,
it appears that RTC does not own those lines and as a result, since
his client is in the process of contracting to buy single family
Page 33
October 18, 1994
sites, they would not own those lines. He advised that he is willing
to work with the County to ascertain ownership; work on a program to
upgrade those lines to the o]}erationa] level for quality, leakage
and pressure; and work on conveying those systems to the County for
acceptance.
Mr. Pjres revealed that the key issue is the dollars involved in
making this a better system versus brtnging in a brand new system
which would be an expensive proposition.
Acting Utilities Administrator McNees reported that staff has been
working diligently with Mr. Pires to find a means or mechanism to
allow his client to construct and do the things they need to do. He
noted that staff has made a number of suggestions relating to what
needs to be accomplished.
Mr. McNees advised that because of the history, bankruptcy and
substandard condition of that water system, Mr. Plres is requesting
permission to construct a system that is not to current County stan-
dards and convey that system to the County Water Sewer District for
ownership and maintenance responsibility. He remarked that any other
subdivision or property owner would be required to construct and dedi-
cate a system that meets County standards.
Mr. McNees stated that the property owners have been advised that
staff will work with them to accept portions of the system, deal with
certain parts of the property, and whatever is possible to resolve
this issue. He pointed out that staff cannot recommend that due to a
financial hardship, prior bankruptcy or because the system was
constructed in 1976 that a precedent be set by allowing that system to
be brought up to a functional standard that does not meet the legal
standard.
Mr. Pires remarked that the trailer park has meters which are read
by the County but the residents do not have meters within Royal Palm
Golf Estates. Mr. McN,.,~ Pxpl,ll/i,~d that t|l~r¢~ Js a mechanism ]n p];mct~
for the developer to do whatever is necessary internally.
Commissioner Norris mentioned that the other water/sewer rate
Page 34
October 18, 1994
payers need to be protected. He reiterated that in order for the
system to be accepted, current code requirements must be met, and
suggested that Mr. Pires continue to work with staff.
Commissioner Saunders remarked if the facilities were built in
1976 and people were connected to that system and receiving service,
it appears that the 1976 standards should apply to this development.
Mr. McNees replied that the reason the County Water/Sewer DIstrict has
never owned this system is because the standards never met the stan-
dards in existence.
Commissioner Constantine stated that it appears that sufficient
information is not available to make a decision and suggested that
Attorney Pires continue to work with staff and that this issue be
brought back to the Board.
It was the consensus of the Commission for staff to continue to
work with Mr. Pires and that this item be brought back to the Board.
(645)
Item
UPDATE OR TIlE MOMELESS TEMPORARY MOUSING TASK FORCE - STAFF TO WORK
WITE TASK FORCE IN DEVELOPING NEW ORDINANCES
Commissioner Norris announced that the purpose of this discussion
is to clarify any misconceptions and to advise of what the Homeless
Temporary Housing Task Force has been doing. He indicated that the
committee has been working for several months on the Issue of dealing
with the homeless.
Commissioner Norris stated that the committee ts comprised of
local business people, service proriders, a member from St. Matthew's
House Board of Directors, a representative from the Immokalee
Friendship House and two attorneys.
Commissioner Norris reported that there is nothing available in
the area to accommodate the homeless, resulting in those persons
living on the streets or camping on private property. He explained
that the key is to be able to provide for the homeless through a
mechanism for the Sheriff's Office to offer these people the optlon of
being escorted to a location and getting them off the streets and prt-
Page 35
October 18, 1994
vate property.
Commissioner Norris cited that the Sheriff's Office has had
problems with trespassing laws, noting that the property must be
posted "No Trespassing" and the property owner must give the Sheriff
the authority to remove people from the property. He revealed that
this is a very cumbersome process since the offending party can simply
walk across the property lines and the entire process is thwarted and
has to start over.
Commissioner Norris reported that the committee has searched many
localities and municipalities across the country to determine what
these areas are doing to address the homeless situation. He advised
that Orlando is the model for the United States and much knowledge has
been acquired from that community.
Attorney Patrick Neale stated that he has been working with
Commissioner Norris and the committee to attempt to address the home-
less situation in Collier County.
**s At this time Deputy Clerk Barblrettt replaced Deputy Clerk
Hoffman
Mr. Neale reported that his group is looking to develop an
Ordinance or amend current Ordinances that will allow the County to
develop a No Camping Ordinance which will allow the Sheriff's
Department to limit the ability of people to stay on private property.
He said that his group will review the Open Container Ordinance which
will allow the Sheriff's Office to address people who are consumln9
alcoholic beverages in public. He said that the other area that other
organizations requested be addressed is the limitation on panhandling.
He stated that another stron9 recommendation Is that this needs to be
a private organization. He requested that the Committee be allowed to
work with the County Attorney's office in drafting ordinances modeled
after those that have been found to work elsewhere.
Commissioner Constantine remarked that he had recently toured the
facility jrl Orlando. H, said ~hat it is an ]mpreMs|ve and comprehen-
sive facility. He said that they have an on site school to meet the
education needs of homeless children. He said that they provide medi-
Page 36
October 18, 1994
cal care and food. He reported that the facility houses as many as
700 people.
Commissioner Norris announced that former Sheriff Aubrey Rogers,
representing the Sheriff's Office, is in attendance. He said that Mr.
Rogers will represent the Sheriff's Office on this committee. He said
the Mr. Rogers input would be valuable.
Commissioner Norris requested Board authorization to direct the
County Attorney's Office to help draft ordinances for Board recommen-
dation. He pointed out that without a workable ordinance as a method
to remove the homeless from private property there is no reason to
pursue this issue.
In response to Commissioner Volpe, Commissioner Norris confirmed
that the committee will provide a written report for Board con-
sideration.
Commissioner Constantine announced that it is the consensus of the
Board to direct the County Attorney's Office to work with the commit-
tee in an effort to develop ordinances.
Commissioner Norris thanked the Board and promised to keep them
informed.
(1287)
" Item #1281
ORDINANCE 94-56 RE PETITION PUD-94-2, ALAN D. REYNOLDS, AICP, OF
WILSON, MILLER, BARTON AND PEEK, INC., REPRESENTING AJS REALTY GROUP,
INC., REQUESTING A REZONE FROM "A", "RMF-12", "C-3" AND "I" TO "PUD"
TO BE KNOWN AS WESTPORT COMMERCE CENTER - ADOPTED WITH STIPULATIONS
Legal notice having been published in the Naples Daily News on
September 22, 1994 and September 29, 1994, as evidenced by Affidavit
of Publication filed with the Clerk, public hearing was opened.
Planner Bryan Milk stated that this petition is a request for a
rezone from A, RMF-12, C-3 and I to PUD to be known as the Westport
Commerce Center. He described the location of the property. He said
that the property is 97 acres in size and is currently undeveloped.
He said that the petitioner is proposing a mixed use development of
commercial, industrial and accommodation for hotel/motel land uses.
He explained that the proposed industrial land use district is
Page 37
October 18, 1994
approximately 31.5 acres jn size and proposes approximately 4,500
square feet of leasable area for rent. He stated that the commercial
district is approximately 25.7 acres and proposes 255,000 square feet
of leasable floor area. He said that the accommodations area is
approximately 6 acres in size and will provide 150 hotel/motel rooms.
He stated that the petitioner will provide 30% open space on site,
including a reserve of 16 acres, lakes of 11 acres, right-of-ways of 6
acres and the remainder of the perimeter boundary is buffer,
landscaping and fencing in accordance with the Land Development Code.
He described the surrounding land uses. He confirmed that the peti-
tioner has provided a land use, commercial and traffic study. He said
that this criteria meets all the requirements of the Growth Management
Plan. He indicated the Collier County Planning Commission unanimously
approved this petition. He reported that Staff recommends approval.
Commissioner Constantine asked if light industrial use includes the
classification of asphalt plants?
Alan Reynolds, representing the petitioner, replied that it did
not.
Commissioner Volpe asked how the land uses listed here compare
with the new business park designation that is being considered as an
amendment to the Land Development Code?
Mr. Milk replied that it was very similar.
Commissioner Volpe asked Mr. Milk to address the transportation
issues.
Commissioner Vo]pe commented that he is having difficulty in
determining the differences in many of the uses.
Mr. Milk said that the uses are similar. He explained that was
done to keep the business park atmosphere. He stated that you will
not find retail
Referring to the transportation issues, Mr. Milk stated that
currently S.R. 84 is a two lane collector roadway operating at Level
of Service B. He said that C.R. 951 is a two lane arterial roadway
operating at Level of Service D. He said that this project exceeds
Page 38
October 18, 1994
the 5~ Level of Service C design capacity but with the improvements
currently being planned for S.R. 84 and C.R. 951
the next five years and will operate at Level of Service B or greater.
Alan Reynolds of Wilson, Miller, Barton and Peek, Inc., announced
that the petitioner has worked very closely with Staff for a long
period of time. He said that this project has an opportunity to
construct a first class business park/retail center in a mix of uses
that work well together.
Using a sketch, Mr. Reynolds described how the buildings are
planned to be situated. He pointed out that the development sites are
amenit]zed. He stated that 88~ of the per]meter of the project is
either reserve areas, lakes or roadways that are buffered.
Commissioner Norris remarked that there is the potential of
putting an automotive repair shop next to resident]a~ property.
Mr. Reynolds confirmed that was possible.
Commissioner Norris stated that it seems that this is one of the
uses that conflicts with residential areas. He asked if the peti-
tioner would be willing to delete that use from both the commercial
and industrial districts?
Mr. Reynolds said that he would suggest deleting it from the
industrial district because that is the only place that it would abut
common properties.
In response to Commissioner Norris, Mr. Reynolds agreed to delete
the use from the industrial district.
Commissioner Norris remarked that the 1.5 acres on S.R. 84
references only automobile parking. He asked what that usage would
be7
Mr. Milk replied that it would allow for two uses; a parking lot
for onsite/offsite customer parking. He explained that someone could
acquire two lots construct a building on one lot and an adjacent lot
could provide parking for ~hat bul]d|ng.
Commissioner Norris stated that the industrial district requires a
maximum height of 50 feet and commercial district requires 35 feet.
Page 39
October 38, 1994
He asked if the petitioner wou]d be willing to limit the maximum
height in the industrial district to 35 feet7
Mr. Reynolds suggested a compromise. He stated that a greater
restriction on the properties that abut the perimeters. He suggested
a 3 to 1 ratio which would allow the 50 feet but would restrict
buildings that would be over 35 feet to no closer than 150 feet from
the perimeter. He said that is three times what the Land Development
Code currently requires. He said that he be]i~ves that would preclude
any taller building in proximity to an adjoining use.
Commissioner Norris said your reluctance to delete the height
requirement gives the indication that there are 50 foot buildings
being planned.
Mr. Reynolds replied that It a possibi]]ty on some of the sites.
He said that if the he]ght is restricted the potential for architec-
tural detailing Js eliminated.
Commissioner Matthews asked what membership organizations are
planned to abut residential properties?
Planner Milk replied thai: membership organizations are private
clubs such as an Elks Club. He said that hea]th clubs are anticipated
in this project.
Mr. Milk stated that 8611, which is a membership organization,
business associations; Better Business Bureau, Board of Trade,
Business Associations, Chambers of Commerce and Contractor's
Associations.
In response to Commissioner Norris, Mr. Milk confirmed that the
use would be other than civic and social.
In response to Commissioner Matthews, Mr. Milk indicated that 863~
would be collective bargaining units, labor organizations, labor
unions and trade unions.
Commissioner Matthews remarked that she has visited labor union
establishments where they held partles and social functions.
Mr. Milk stated that the concept Js not "bottle clubs"
Mr. Reynolds reported that this is not the intent. He said that
Page 40
October 18, 1994
the types of uses Mr. Milk referred to are appropriate.
Commissioner Matthews also questioned fabricated metal products in
the industrial area.
Mr. Reynolds stated that the fabricated metal use would entail
metal that was manufactured off-site and fabricating it for architec-
tural wall systems and metal building application. He said they would
all be required to be within closed buildings. He emphasized that
explosives would not be allowed.
In response to Commissioner Volpe, Mr. Reynolds replied that bet-
ween 230,000 to 240,000 square feet of retail/commercial can be acco-
mmodated on that site. He said that page 3.] of the PUD Document
refers to the total amount of square footage. He pointed out that
there is a maximum of 255,000 square feet allowed for the entire pro-
ject.
In response to Commissioner Volpe, Mr. Reynolds stated that the
commercial parcel that was retained along Davis Boulevard has been
incorporated into this PUD. He said that parcels were retained to the
west at the intersection of Radio Road and Davis Boulevard. He said
that none of these parcels are of a size that can accommodate a com-
munity shopping center.
Commissioner Vo]pe expressed concern regarding a communication
tower. He stated that he feels this use is inappropriate in this
area.
Mr. Reynolds indicated that there are significant restrictions in
the Land Development Code as far as the height and allowability.
Mr. Milk reported that the Communication Tower Ordinance states
that if a tower is developed at 185 feet or below, a site would be
required to accommodate two and one half times the tower height away
from a residenttally zoned area. He said that ]f the tower is above
]85 feet a conditional use process would be required.
Commissioner Volpe remarked that communication towers are for the
accommodation of the cellular industry and public safety. He said
that has been addressed so he does not see a downside to eliminating
Page 4]
October 18, 1994
the use.
Mr. Reynolds said that he would agree if it were a free standing
use. He said that the petitioner would want to retain the ability for
businesses to have small communication towers that would facilitate
their organization.
Mr. Milk stated that in any district there are provisions for roof
top mounted towers and antennas.
Mr. Reynolds agreed to eliminate it from the PUD.
Commissioner Constantine closed the public hearing.
Commissioner Norris moved to approve Petition PUD-94-2 with the
stipulation to delete automotive repair service and parking from Zone
C, Light Industrial District, delete communication tower~ and to limit
building heights to 50 feet with a 3 to I ratio setback from residen-
tial a~eas.
Commissioner Matthews suggested deleting Section 8631.
Commissioner Norris agreed to amend his motion.
Seconded by Commissioner Saunders.
Mr. Reynolds asked for clarification of the motion. He asked if
the deletion of the automobile service facilities was from the
industrial district and did not include Just the parking use?
Commissioner Norris answered in the affirmative. He explained
that the parking would be as described by Mr. Milk discussed which
will be purely on a separate parcel for the use of a building.
Upon call for the question, the motion carried unanimously,
thereby adopting Ordinance No. 94-56 and entered into Ordinance Book
No. 68.
(2853)
Item #14
POPULATION PATTERN ANALYSIS - TO BE ADDRESSED AS AGENDA ITEM AT BCC
MEETINO
Commissioner Vo/pe stated that he recently spoke to Mary Morgan,
Supervisor of Elections. He said that she indicated that she has seen
growth in various commission districts. He said that there is an
opportunity every two years to re-evaluate the existing districts
Page 42
October 18, 1994
lines. He stated that Ms. Morgan has indicated that she would like
the Board to consider the process of re-evaluating population pat-
terns.
Administrative Assistant to the Board Filson stated that this will
be discussed at an upcoming Board of County Commissioners meeting.
Commissioner Constantine stated that it may be possible to get the
School Board districts and Commission districts identical.
mmm Commissioner Matthews moved, seconded by Commissioner Norris and
carried unanimously that the following items under the consent agenda
be approved and/or adopted. ee.
Item #16A1
RESOLUTION 94-735 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS IN HORR'S ISLAND, A/K/A KEY
MARCO, AND ACCEPTING THE CONSTRUCTION AND MAINTENANCE AGREE1~ENT FOR
COMITY DEVELOPMENT DISTRICTS FROM THE DEVELOPER FOR MAINTENANCE OF
THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR A MINIMUM OF
ONE YEAR
Item 816A2
See Pages__~
· ACCEPTANCE OF WATER FACILITIES FOR HORR'S ISLAND, A/K/A KEY MARCO -
· WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY
Item #16B1
SITE SPECIFIC ROAD IMPACT FEE CALCULATION IN THE AMOUNT OF $13,585 FOR
THE REDLANDS CHRISTIAN MIGRANT ASSOCIATION WITH RESPECT TO BUILDING
PERMIT N0.94-2943
Item #16C1
AGREEMENT FOR THE 1994-95 FUNDING CONTRIBUTION TO COLLIER AIDS
RESEARCH AND EDUCATIONAL SERVICES, INC. (CARES} IN THE NOT TO EXCEED
AMOUNT OF 85,000
See Pages- i#. t
Item #16C2
AGREEMENT FOR THE 1994-95 FUNDING CONTRIBUTION TO THE DAVID LAWRENCE
MENTAL HEALTH CENTER, INC. IN THE NOT TO EXCEED AMOUNT OF 8710,400
Item 816C3
AGREEMENT FOR THE 1994-95 FUNDING CONTRIBUTION TO PROJECT HELP, INC.
IN THE NOT TO EXCEED AMOUNT OF $5,000
rJ(]O-., 90
Page 4 3
October 18, 1994
Item 116C4
AGREEMENT FOR THE 1994-95 FUNDING CONTRIBUTION TO ST. MATTHEW'S HOUSE
IN THE NOT TO EXCEED AMOUNT OF $5,000
tl,4'
Item #16C5
AGREEMENT FOR 1994-95 FUNDING CONTRIBUTION TO TOTAL EMPLOYMENT
ASSISTANCE MANAGEMENT (TEAM) IN THE NOT TO EXCEED AMOUNT OF $5,000
Item #16C6
AGREEMENT FOR 1994-95 FUNDING CONTRIBUTION TO THE TRAINING AND
EDUCATIONAL CENTER FOR THE HANDICAPPED (TECH) IN THE NOT TO EXCEED
AMOUNT OF $5,000
Pag -s let* -t t
Item #16C7
AGREEMENT FOR 1994-95 FUNDING CONTRIBUTION TO HOSPICE OF NAPLES, INC.
IN THE NOT TO EXCEED AMOUNT OF $5,000
Item #16C8
AGREEMENT FOR 1994-95 FUNDING CONTRIBUTION TO SHELTER FOR ABUSED WOMEN
OF COLLIER COUNTY, INC. IN THE NOT TO EXCEED AMOUNT OF 85,000
Item #16C9
AGREMNT FOR 1994-95 FUNDING CONTRIBUTION TO TRI-COU]TTY SENIOR
SERVICES AND AUTHORIZE THE CHAIRMAN TO SIGN THE MATCHING COMMITMENT
DOCUMENTATION FOR THE APPROVED $5,000 COUNTY CONTRIBUTION
Item 816C10
AGREEMENT FOR THE 1994-95 FUNDING CONTRIBUTION TO COLLIER SOIL AND
WATER CONSERVATION DISTRICT IN THE NOT TO EXCEED AMOUNT OF $17,300
Item #16Cll
AGRE!~F34T FOR THE 1994-95 FUNDING CONTRIBUTION TO IMMOKALEE FRIENDSHIP
HOUSE, INC. IN THE NOT TO EXCEED AMOUNT OF 85,000
Item #1~C12
,o, rICO,,.., 9i
Page 44
October 18, 1994
ACCEPTANCE OF THE ANNUAL REPORT SUBMITTED BY COUNTY FORESTER, MR.
CHRIS ANDERSON
See Pages Not received in Clerk to Board Office as of 2/6/95
Item #16C13
CARRY FORWARD BUDGET AMENDMEIIT FOR RESTORATION OF THE HISTORIC
EVERGLADES CITY LAUNDRY BUILDING IN THE AMOUNT OF $44,501
Item #16D1
CLAIM OF LIEN FOR THE ENFORCEMENT OF THE NOTICE TO CONNECT TO COLLIER
COUNTY SEWER FACILITIES AND NOTICE OF IMPACT FEE STATEMENT FOR THE
EAST AND SOUTH NAPLES SANITARY SEWER PROJECT
Item #16D2
BUDGET AMENDMENTS TO RECORD TRANSFER OF STATE REVOLVING LOAN PROCEEDS
FROM COUNTY WATER-SEWER DEBT SERVICE FUND TO COUNTY SEWER CAPITAL FUND
Item #16F1
RESOLUTION 94-736 AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
COLLIER COUNTY REGARDING EMERGENCY MANAGEMENT PROGRAM ENHANCEMENTS
See Pages
Item #16G1
GRANT AGREEMENTS FOR SOLID WASTE RECYCLING AND EDUCATION IN THE AMOUNT
OF $278,676 AND WASTE TIRE SOLID WASTE IN THE AMOUNT OF $132,673
See Pages Not received in Clerk to Board Office as of 2/6/95
Item #16H1
BID 194-2261 AWARDED TO CURRY CONTROLS, INC. IN THE AMOUNT OF $238,099
FOR lIPGRADES TO THE EXISTING TELEMETRY SYSTEM FOR THE WELLFIELD
CONTROL TO ALLOW BOTH WATER TREATMENT PLANTS ACCESS AND TO BETTER
CONTROL FLOWS TO BOTH FACILITIES AND REDUCE WEAR ON THE WELLS AND
BOOSTER STATION
Item W16H2 - Deleted
'Item #16H3 - Deleted
Item 816H4 -
EASEIiENT AGREEMI~NT FOR ACCEPTANCE AND CONVEYANCE OF RIGHT-OF-WAY LAND
INTERESTS NECESSARY FOR FOUR-LANING IMPROVEMENTS TO BONITA BEACH ROAD
EXPANSION, OffiCE OF CAPITAL PROJECTS MANAGEMENT PROJECT NO. 60021,
PARCEL 29, IN THE AMOUNT OF $52,800 PLUS RECORDING COSTS
See Pages Not received in Clerk to Board Office as of 2/6/95
Item #16H5
,oo OOO:,':'- 92
Page 45
October 18, 1994
REAPFROPRIATION OF TOURIST DEVELOPMENT TAX FUNDING FOR THE GULFCOAST
BOWLING COUNCIL, INC. AND THE COLLIER COUNTY TOURISM COMMITTEE FOR
FISCAL YEAR 1995 IN THE AMOUNT OF $39,500 AND $251,900, RESPECTIVELY
Item e16H6 - Deleted
Item #16H7
BUDGET AMENDMENTS RECOGNIZING PROJECTED CARRY FORWARD FOR THE CLAM
PASS PARK PROJECTS IN THE AMOUNT OF $554,500
Item #16H8
FINAL JUDGMENT FOR ADDITIONAL COMPENSATION TO THE OWNER OF
PARCELS 118 AND T-231, RADIO ROAD PHASE I IN THE AMOUNT OF $52,205
WITH DISBURSEMENT OF FUNDS TO THE COURT REGISTRY ON OR BEFORE
OCTOBER 25, 1994
Item #16H9
BUDGET AMENDMENTS RECOGNIZING PROJECTED CARRY FORWARD FOR PROJECTS IN
FUND 345, FUND 361, FUND 367 AND FUND 368 IN THE TOTAL AMOUNT OF
$601,201
Item #16HlO
CONSTRUCTION AGREEMENT WITH BEAR'S PAW COUNTRY CLUB, INC. FOR ACCESS
IMPROVB~[M3TTS CONCURRENTLY WITH PENDING GOLDEN GATE PARKWAY SIX LANDING
IMPROVEMENTS, BETWEEN GOODLETTE-FRANK ROAD AND C.R. 31, ClE NO. 05
Item e16J
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence was filed and/or
referred as presented by the Board of County Commissioners:
Page 46
October 18, 1994
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 1:45 P.M.
ATTEST:"' ~' ,- ·
DWIGHT E. BROCK~"CLERK
Th~se minutes approved by the Board on
as presented.. ~"""
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL STRICTS UNDER ITS
CONT
T , CHAIRMAN
or as corrected
Page 47