BCC Minutes 08/09/1994 R Naples, Florida, August 9, 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: Betrye 3. Matthews
3ohn C. Norris
Michael J. Volpe
Burr L. Saunders
ALSO PRESENT: Marilyn Fernley, Sue Barbirettt and Ellie Hoffman,
Deputy Clerks; Nell Dotrill, County Manager; John Yonkosky, Assistant
to the County Manager; Ken Cuyler, County Attorney: Bill Lorenz,
Environmental Services Administrator: David Russell, Acting Solid
Waste Management Director; John Drury, Airport Authority Executive
Director; Fred Bloetscher, OCPM Project Manager; Wayne Arnold, Acting
Site Plan Review Director: Dick Clark, Interim Community Development
Services Administrator; Bob Mulhere, Acting Current Planning Manager;
Mike McNees, Acting Utilities Administrator; Mike Newman, Water
Director; Mike Smykowskl, Acting Budget Director; Steve Lenberger and
Barbara Burgeson, Environmental Specialists; Jerry Neal, OCPM
Engineering Project Manager; Chahram Badamtch]an, Planner; Deputy Rosa
Hernandez-White, Collier County Sheriff's Office: and Sue Filson,
Administrative Assistant to the Board.
01
Page i
'/"' August 9, 1994
Taim #1
(26)
Ztem #2
AGFJfDA - A~FP, OV~D WITH CHJ~NGES
Commissioner Saunders moved, seconded by Commissioner Matthews and
carried 4/0 (Commissioner Volpe out), to approve the agenda with the
ch&nges as detailed on the Agenda Change Sheet, and the following
additional tteas:
1. Item #8H4 and Item #8H5 - Regarding bond refinancing to be
heard at 10:30 AM.
2. Item #10D - Discussion on Marco Island Airport
Page 2
August 9, 1994
(108)
Item #2A
CON3ENT AGENDA - APPROVED AND/OR ADOPTED
The motion for approval of the consent agenda is noted under
Iten #16.
(109)
Item #3
MINUTES 09 THE REGULAR MEETING OF JUNE 28, 1994 - APPROVED
Commissioner Norris moved, seconded by Commissioner Matthews and
carried 4/0 (Commissioner Volpe out), to approve the Minutes of the
Regular Meeting of June 28, 1994.
(113)
Item #4A
BMPLOYEE SERVICE AWARDS - PRESENTED
Commissioner Norris congratulated the following employee for
service with Collier County Government:
Van Weeks - 5 Years, Uttltty Services Division Presented
(137)
Item #4B
RECOGNITION OF ROBERT STRINGER, COMMUNITY DEVELOPMENT SERVICES
DIVISION, AS EMPLOYEE OF THE MONTH FOR AUGUST 1994 - RECOGNIZED
Commissioner Constantine congratulated and recognized Robert
Stringer, Community Development Services Division, as employee of the
month for August 1994. Mr. Stringer was presented with a plaque and a
check In the amount of $50.00.
(193)
Item #40
L~ROCLAMATION DESIGNATING THE WEEK OF AUGUST 15-19, 1994 AS FLORIDA
$eATER AND POLLUTION CONTROL OPERATORS WEEK - ADOPTED
Upon reading of the Proclamation, Commissioner Matthews moved,
smeconded by Commissioner Norris and carried 4/0 (Commissioner Volpe
out), that the Proclmmatton designating the Week of August 15-19, 1994
am Florida Water and Pollution Control Operators Week be adopted.
Proclamation accepted by Timothy Hopper and Batty Ertckson,
Page 3
August 9, 1994
Collier County Staff, and Eric Nixon, Florida Water and Pollution
Control, Region VIII.
Page 4
'-"* August 9, 1994
Item
BUDGrE AMENDMENT 94-578 - ADOPTED
Acting Budget Director Mike Smykowski requested adoption
of one (1) routine Budget Amendment as shown in the Executive
Summary.
Commissioner Norris moved, seconded by Commissioner Saunders and
carried unanimously, that Budget Amendment 94-578 be adopted.
(283)
Item #6
CLERK'S REPORT - NO ACTION TAKEN
Commissioner Constantine stated that the Clerk's Report is for
informational purposes only.
Item #8D1 - Continued to August 16, 1994
(294)
Item #BG1
PAYMEF~ FOR ADDITIONAL COSTS FOR CONTRACT 94-2161 ENTITLED "IMMOKALEE
LA]TDFILL CELL 2, PHASE II, LEACHATE COLLECTION SYSTEM" - APPROVED
BIll Lorenz, Environmental Services Administrator, stated that
the contract for the Immokalee Landfill Cell 2 has been exceeded by
$82,237.23, increasing the contract amount from $348,664.84 to
$430,902.07, which represents a 24 percent increase.
Mr. Lorenz indicated that the added expense is for additional
fill material necessary to complete the Job because the original esti-
mate was under by approximately 9,000 tons.
Mr. Lorenz explained that the project was approved by the Florida
Department of Environmental Protection under the existing construction
permit which expires September 20, 1994 and the project was under a
time restraint, plus the rainy season created the potential for pro-
Ject delays. He stated that authorization was given to the contractor
to proceed with the work so that the request before the Board today is
for an after-the-fact approval.
In response to Commissioner Constantine, County Manager Dotrill
Page 5
August 9, 1994
stated that disciplinary action is being pursued but the field
engineer used reasonable Judgment in trying to complete a time
sensitive project. He indicated that the State rules in respect to
landfills is changing soon which will require construction activity on
cells after September 30, 1994 to meet the new double liner rules.
Mr. Dorrill stated that the engineer was procedurally wrong, an analy-
sis of the situation is underway and should indicate whether discipli-
nary action is required.
In response to Commissioner Volpe, Mr. Lorenz informed the Board
that an in-house engineer provided the incorrect estimate of the
amount of fill required and performed the design work.
Mr. Dotrill explained that the flawed estimate dealt with the
compaction and moisture content of the soil being placed on the bottom
of the cell and did not include fill necessary for the side slopes and
perimeter berm which also required covering.
Commissioner Matthews pointed out that a miscalculation by an
engineer of 24 percent is large.
Mr. Lorenz indicated that the factors in the shortfall of the
original estimate are:
1. There was a difference between the plan dimensions used to
estimate the job and the actual field dimensions. This job
consisted of adding a drainage system and sand fill material
to an existing cell constructed previously and used as a
retention pond. The prints for the construction of the cell
were used to estimate the Job.
2. The original estimate addressed the quantity required to
cover only the floor of the cell. The inside slopes and
perimeter berm also required covering. An estimated 2,600
tons were used for this project.
3. Factors for settlement, moisture content and compaction
should have been given more weight in the original estimate
calculations.
David Russell, Acting Solid Waste Management Director, stated
that the original prints from 1989 were utilized for the fill esti-
mates rather than obtaining an accurate, surveyed, as-built plan which
accounts for some of the difference. He explained that the cost of
the project could have doubled if the County had not completed the
project by September 20, 1994 and had to comply with the double liner
Page 6
August 9, 1994
rule.
Commissioner Saunders moved, seconded by Commissioner Norris and
carried unanimously, that payment in the amount of $46,372.0? for the
additional costs for Contract 94-2161, Immokalee Landfill Cell l,
Phase IX, Leachate Collection System, be approved.
(594)
Xtem #8D2
E~DGET AN~NDMENT RESQEUTION BAR-9&-26 FOR COUNTY WATER DISTRIEUTXON
DEPJLRTI(EWT - ADOPTED
Mike McNees, Acting Utilities Administrator, stated that Budget
Amendment Resolution BAR-94-26 is a housekeeping item but is on the
regular agenda because the amount of money involved is $125,000. He
explained that Staff is requesting the Board appropriate $83,000 in
excess meter tapping charges, which is available because of more meter
installations than predicted, to pay for the cost of the meters.
Mr. McNees requested that the Board also fund from Reserves
$2?,780 for expenses that the Water Distribution Section incurred
relative to the investigation and resolution of the sand problem in
the County well water main to the north plant.
Mr. McNees acknowledged the accomplishments of Phil Cramer and
Mark Nobles, Water Distribution Section, who found, diagnosed and
solved the problem of sand in the well water main.
Mr. McNees stated that an additional $15,000 from Reserves is
required to fund the Water Distribution Section for the remainder of
FY 93-94 which has a total budget of $1.7 million.
In response to Commissioner Norris, Mr. McNees informed that the
County can only spend the appropriated amount of money based on the
estimated amount of meter installations to be performed. He explained
that Board approval is required An order to increase the appropriation
and utilize the monies.
Commissioner Matthews questioned if the unanticipated meter
installations generated a large amount of overtime and whether the
fees charged are enough to cover the overtime required7
Page 7
August 9, 1994
Mike Newman, Water Director, stated that a significant amount of
overtime was involved in the unanticipated meter installations. He
explained that the fees charged are figured by the reviewing con-
sultant who compares the total cost to the County for installing the
meters to the number of meters installed without regard to whether the
installation occurs on straight time or overtime.
In response to Commissioner Matthews, Mr. McNees indicated that
growth has been close to that anticipated but this particular item
was not budgeted at the growth level used for other items.
Mr. McNees stated that an additional distribution crew would be
welcomed by Mr. Newman but the Board has not granted additional
staffing over the past few years during the budget process. He
pointed out that the County does recover the cost for meter installa-
tions on an average.
Mr. Dotrill stated that the Board may want to again give con-
sideration to additional staff for Water Distribution and a similar
overtime problem exists in Wastewater. He explained that an analysis
can be performed similar to that performed for EMS. Mr. Dotrill indi-
cated that budget analysts routinely review overtime in Utilities and
EMS because they are shift sensitive.
Commissioner Norris moved, seconded by Commissioner Volpe and
carried unanimously, that Budget Amendment Resolution BAR-94-26 be
adopted.
Commissioner Matthews expressed appreciation for a job well done
by the Water Treatment Plant personnel in solving the sand problem.
', Page 8
August 9, 1994
Item #8H1 - Deleted
(936)
Item #8H2
FIVE (5) YEAR AERONAUTICAL AIRPORT ENGINEERING AND DESIGN CONTRACT
BETWHEN TH~ COLLIER COUNTY AIRPORT AUTHORITY AND DUFRESNE-HENRY,
INC. - APPROVED WITH CHANGE
John Drury, Airport Authority Executive Director, stated that a
three (3) month selection process for the engineering and design team
to complete projects at the Immokalee and Everglades Airports has been
completed. He explained that the contract is consistent with other
engineering and design contracts awarded by the County. Mr. Drury
stated that the contract is for a five (5) year period with annual
renewals at the discretion of the County.
Mr. Drury explained that Federal Aviation Administration criteria
must be followed when selecting airport design teams to ensure that
Federal grants can be applied to all fees up to 90 percent. He indi-
cated that a short listing and then interview process were conducted
with the top three (3) firms ranked as indicated in the Executive
Summary.
Commissioner Volpe questioned if objective criteria exists by
which to measure the performance of the firm selected and, if not, why
not include a termination clause?
County Attorney Cuyler pointed out that a termination clause
exists within the Professional Services Agreement indicating the
contract can be terminated, without cause, upon seven (7) calendar
days written notice.
In response to Commissioner Volpe, Mr. Drury explained that at
the end of each year, the consultant will submit a new rate sheet with
hourly rates for each employee and subcontractor which is negotiated.
He indicated that Staff contacted Charlotte County Airport, Glades
Airport and the Department of Transportation to determine what airport
engineering firms in Southwest Florida are charging on an hourly rate
and found that rates proposed by Dufresne-Henry, Inc. are consistent
with the results of that survey.
Page 9
AugUst 9, 1994
Mr. Drury stated that in May 1994 the Board allocated $291,694
for designing and engineering of all the projects that are backed by
grants which only includes the Immokalee and Everglades Airports at
this time. He indicated that in FY 94-95 project inspection for the
Immokalee and Everglades Airports will be budgeted as well as design
and engineering for the Marco Island Airport.
Commissioner Matthews indicated that reference is made to
requiring the consultant to lease space in Collier Commerce Park and
questioned if the request is because of the location of the Airport
Authority Offices?
Mr. Drury answered in the affirmative and indicated that a team
approach is critical to the projects the first year.
Mr. Dotrill stated that excess space in the Utilities Offices
which is leased may become available and a sublet arrangement is being
investigated.
Commissioner Matthews moved, seconded by Commissioner Norris that
the five (5) year Aeronautical Airport Engineering and Design Contract
batwmen the Collier County Airport Authority and Dufresne-Eenry, Inc.
be approved.
Mr. Drury stated that Page 10 of the Agreement, Paragraph 4.1,
reads "Each renewal shall be for one (1) year, must be agreed upon..."
He indicated that "agreed upon" needs to be replaced with "approved"
and the paragraph further reads "...in writing by both parties..." He
stated that "both parties" needs to be replaced with "the Authority."
Mr. Drury pointed out that both changes have been recommended by the
County Attorney to make the renewal process completely at the CountW's
option.
Commissioner Matthews amended her motion and Commissioner Norris
aaended his second to the motion to include the language changes.
Upon call for the question, the motion carried S/0.
Page 10
August 9, 1994
(1356)
Item #8H7
TRAVEL REQUEST FOR THE CHAIRM/~N OF THE COLLIER COUNTY AIRPORT
AUthORITY TO ATTEND A MEETING AT THE HEADQUARTERS OF THE ECONOMIC
DEVELOPMENT ADMINISTRATION IN ATLANTA, GA, TO SECURE A $584,300
ECONOMIC DEVELOPMENT GRANT FOR IMMOKALEE REGIONAL AIRPORT - APPROVED
Commissioner Constantine indicated that this item is in the
amount of $350 for the chairman of the Airport Authority to attend a
meeting in Atlanta, GA, with the possibility of securing a $584,300
grant for the Immokalee Regional Airport.
Commissioner Saunders moved, seconded by Commissioner Matthews
and carried unanimously, that the travel request for the chairman of
the Collier County Airport Authority to attend a meeting in Atlanta,
GA, be approved.
(1375)
ltemt #8H3
CI[ANGE ORDER NO. THREE (3) TO THE NORTH COUNTY REGIONAL WASTEWATER
TREATMENT PLANT EXPANSION PROJECT WITH MILMIR CONSTRUCTION, INC., FOR
TEE INSTALLATION OF A FUEL DEPOT ON THE SOUTH SIDE OF THE ENTRANCE
ROAD INT0 THE PLANT PROPERTY FROM GOODLETTE ROAD - CONTINUED TO
AUGUST 16, 1994 MEETING
Fred Bloetscher, OCPM Senior Project Manager, stated that Change
Order No. Three to the North County Regional Wastewater Treatment
Plant Expansion Project contract with Mllmir Construction represents a
request from the Fleet Management Department and Utilities Division
for a fuel depot, consisting of two (2) 2,500 gallon tanks (one for
gasoline and one for diesel fuel), at the plant site. He indicated
that the Contractor has agreed to install the fuel depot at a cost of
$78,000 of which $13,630 will be paid by the Utilities Division.
Mr. Bloetscher mentioned that the fuel depot will be located on
the right (south) side of the entrance road to the plant off Goodlette
Road and no construction activity is taking place on that side during
the expansion project.
County Manager Dotrill stated that the system must be compatible
so that different accounts can be set up to supply fuel for the
Sheriff's Office, School Board, Fire District, etc.
Page 11
August 9, 1994
Mr. Bloetscher explained that the Fleet Management Department
supplied the design perimeters for the fuel depot.
In response to Commissioner Norris, Mr. Bloetscher replied that
the request was made for an additional fuel depot because of the
distance to travel to Barton Collier High School which is the nearest
fuel depot location and a fuel depot further north would be more
convenient.
Commissioner Norris pointed out that the trip to Barton Collier
High School is only six (6) miles and $80,000 is a large expenditure
just to save someone a six (6) mile trip.
Mr. Dotrill stated that the Sheriff's Office wanted to construct
a fuel facility in North Naples which brought about this request. He
~:xplatned that a Joint agreement exists with the City of Naples and
the School Board but access after-hours at the school facility is
questionable and the only other fueling facility is on County Barn
Road.
Commissioner Norris explained that before expendtng $80,000 for
two (2) fuel tanks, associated pumps, and a 300 foot road for access,
the cost should be shared by the Sherlff's Office and the School Board
if they are also going to utilize the facility.
Commissioner Volpe stated that the proposed fueling facility may
require relocation at a future date because of planned expansions in
the North portion of the County. He explained that if access to the
fuel depot located behind Barton Collier High School after hours is an
issue, certainly the Shertff's Office should be trusted with a key.
Commissioner Volpe recommended a better location for an additional
fuel depot may be Orange Blossom Drive due to the proximity of the
Capital Projects Office, Animal Control and the substation for
Transportation Services.
Commissioner Matthews pointed out that discussions have been held
regarding moving the County Barn Road facility and should the move
occur, the proximity of the new location regarding accessibility needs
to be investigated to meet the needs throughout the County.
Page 12
August 9, 1994
Mr. Dorrtll stated that a plan exists which will be provided. He
indicated that the North Naples Fire District has expressed interest
to acquire a portion of the proposed North County site.
Cosuaisaioner Volpe moved, seconded by Commissioner Norris and
carried unanimously, that the item be continued to the meeting of
August 16, 1994 to allow Staff to provide additional
infoxmtion/Justification to the Board.
Item #8H6 - Continued to August 16, 1994
(1721)
Item #10A
RESOLUTION 94-579 APPOINTING JA~E$ D. ALLEN, JR. TO THE BOARD OF
BUILDING ADJUSTMENTS AND APPEALS - ADOPTED
Administrative Assistant to the Board Filson stated that there is
one (1) opening on the Board of Building Ad3ustments and Appeals. She
indicated that two (2) resumes were received but only one (1)
applicant meets the minimum requirements for appointment, James D.
Allen, Jr.
Commissioner Matthews moved, seconded by Commissioner Volpe and
carried unanimously, that James D. Allen, Jr. be appointed to the
Board of Building Adjustments and Appeals, thereby adopting
Resolution 94-579.
Page 13
(1749)
Item #10B
EXTRA GAIN TIM~ - CONTINUED TO AUGUST 16, 1994
August 9, 1994
County Attorney Cuyler stated that a memorandum is forthcoming
from the County Attorney's Office regarding extra gain time.
Mr. Cuyler explained that three (3) inmates are eligible for
extra gain time but Rosalinda Martlnez has been released. He indi-
cated that the extra gain time for Howard Wade should be continued.
Commissioner Constantine pointed out that at times the release
date precedes the Board meeting. He questioned how that occurs and
why the extra gain time takes three to four {3-4) weeks after being
received in the Board office before appearing on the Agenda?
Mr. Cuyler stated that the information will be contained in his
memorandum but indicated that Ms. Martinez was probably released
without the extra gain time because the Board did not approve same.
Mr. Cuyler stated that the third inmate eligible for extra gain
time is Gregory Montgomery and Board action will affect his release
date.
Administrative Assistant to the Board Fi]son explained that the
extra gain time for the subject inmates on the Agenda have been con-
tinued for three (3) weeks which is why Ms. Martinez's release date
preceded the Board meeting. She indicated that she was unaware of the
delay in placing the extra gain time on the Agency after being
received in the Board office but will investigate the problem.
Commissioner Constantine stated that he prefers not granting
extra gain time until the memorandum is received from the County
Attorney's Office.
Commissioner Matthews moved, seconded by Commissioner Saunders
and Carried unanimously, that the extra gain time requests be con-
tinued to August 16, 1994.
(1890)
Item #1CC
DISCUSSION REGARDING EMPLOYEE OLYMPICS PICNIC - STAFF TO PRESENT PLAN
BEFORE =~r~ END OF AUGUST 1994
Page 14
August 9, 1994
Commissioner Constantine stated that the Board stopped holding a
Christmas Party for County employees years ago because of financial
implications. He explained that each year the Board struggles with
employee raises and suggested that a family day picnic at one of the
community parks would be good for morale and departmental spirit.
Commissioner Constantine indicated that the word Olympics was
used to encourage some competition between the departments whether in
the pool or the softball field. He stated that no cost should be
incurred if attendees paid $5.00 to cover the cost of hamburgers and
hot dogs.
County Manager Dorrtll stated that interest has been expressed
for holding a function similar to the one suggested and Norris Ijams,
Emergency Services Administrator, has agreed to form a panel of
employees to ascertain interest and formulate plans. He explained
that in the late 80's the Board underwrote a portion of the cost for
two {2) annual events, Summer Family Picnic and Christmas Dinner/Dance
but was discontinued four to five (4-5) years ago.
Commissioner Volpe stated that he supports the idea and explained
that the Christmas dinner/dance was discontinued when the Board was
requested to appropriate $6,000 of taxpayer monies to fund such an
event.
Mr. Dotrill stated that the employees are not requesting any type
subsidy just whether the Board is interested and would attend such an
event.
Commissioner Constantine suggested that Mr. Dotrill pursue the
issue for September or October.
Commissioner Saunders stated that he would not oppose minor
supplement by the Board for a family picnic event because employee
morale is important.
Mr. Dotrill pointed out that the law prohibits alcohol consump-
tion at community parks and the employees will be required to adhere
to same.
Mr. Dotrill stated that the plan will be presented to the Board
e ore the end of August.53
Page 15
August 9, 1994
Recessed: 10:05 A.M. - Reconvened: 10:30 A.M. at which time
Deputv Clerk Ba=btTettt replaced Deputy Clerk Fernley
(2163)
Item #10D
DISCUSSION ON MARCO ISLAND AIRPORT - AGREEMENT APPROVED IN CONCEPT,
STAFIP TO REVIEW AGREEMENT AND PRESENT FINDINGS AT SEPTEMBER 6, 1994
MEETING
Commissioner Constantine stated that he had discussions with a
number of State representatives last week. He thanked Virginia
Weatherell, Secretary of the Department of Environmental Protection
(DEP), who was extremely responsive to the problem. He said that they
developed an agreement that serves the purpose of the County and
State. He advised that the trade of the Marco Island property and the
Fahkahatchee Strand property will still take place.
Commissioner Constantine recalled that the agreement discussed
last week calls for no gates on Janes Scenic Drive. He said that the
road would be posted and closed from dusk to dawn and explained that
the residents that live in the area would be allowed access utilizing
a permit system. He said that the County will agree to increase
patrols in cooperation with the State Park Department. He stated that
the initial agreement would be for a period of two years and the
agreement would require the County to vacate the road to the State
with the following allowances; a two year period to set specific cri-
teria to measure the effectiveness of the patrols against poaching, a
bi-annual written updates from the Parks Department to check progress
and at the end of the two year period, the Board would review the
entire process in order to develop a long term agreement.
Commissioner Constantine stated that the County's main concern is
the public's right to use the road and the emergency vehicle use. He
said that this agreement addresses those concerns and is a fair
compromise.
Commissioner Saunders stated that Representative Mary Ellen
Hawkins has been involved in the negotiation process.
In response to Commissioner Volpe, Commissioner Constantine stated
Page 16
August 9, 1994
that the final agreement will be sent to the County Attorney for legal
review.
In response to Commissioner Volpe, Commissioner Constantine
replied that the vacation of the road would occur immediately.
Commissioner Constantine clarified that the Shertff's patrol would
supplement the State Park Service. He said that Lt. Cox of the
Sheriff's substation in the Everglades area had indicated to Assistant
County Attorney Wiegel, the Sheriff's Office does patrol the area pre-
sently.
Commissioner Matthews announced that she has serious concerns
regarding the vacation of this road. She said except for agreeing to
provide Sheriff's patrols, this agreement is no different than the one
that was discussed a year ago. She said that she cannot support the
vacation of this road. She said that she would prefer to see gates at
night instead of the vacation primarily because any agreement with the
State is an obligation on future Boards and future Legislators.
Commissioner Constantine stated that the agreement is different
than what was discussed last year. He said that the permitting pro-
cess promotes public use rather that the vacation discussed last year
which would have closed the road to the public. He said that there
will be criteria by which to measure so that the State cannot
arbitrarily close this road.
Commissioner Matthews argued that this agreement can be rescinded
at any time.
In response to Commissioner Saunders, Commissioner Constantine
stated that at the end of the two year period the agreement will be
measured against the criteria set forth and reeva]uated.
In response to Commissioner Norris, Commissioner Constantine
sl:ated that the only rayafter clause included in the agreement is that
should the County ever opt to use the airport site for other than the
airport, the property would revert back.
In response to Commissioner Volpe, County Attorney Cuyler
announced that one way or the other the property owners will have
55
Page 17
August 9, 1994
legal access to their property. He said that this agreement is
relinquishing the public's right in that roadway so it probably will
revert back to the fee owners but ultimately people will have legal
access.
Commissioner Constantine stated that the property owners have an
agreement with the Park Department now where they can access their own
property with a key.
Commissioner Matthews requested that County Attorney Cuyler look
at the probability of depreciated property values and offer alter-
natives.
The following people spoke on the subject:
Michael Petty A1 Perkins
George Barton
Tape #2
In answer to Commissioner Norris, Mr. Barton, Chairman of the
Airport Authority, said that he feels it would be almost impossible
for the State to close the airport for whatever reason because it is
part of the Florida airport system.
Commissioner Constantine stated that the County will be unable to
obtain funds from the grant system if the airport is no longer County
property. He said that one of the main concerns is the 5,000 foot
runway that is overgrown with mangroves. He said that the State will
certainly not correct that problem.
Commissioner Matthews asked why a long term lease is not being
considered?
John Drury, Airport Authority Executive Director, replied that one
State agency cannot give grants to another State agency. He said that
the County can not obtain any State grants unless the County owns the
airport.
Commissioner Constantine reiterated that the terms of the
agreement allows the residents complete access. He said that this is
not the agreement he would have crafted himself. He said that this a
compromise.
Page
August 9, 1994
Commissioner Matthews requested that the County Attorney investi-
gate that the permits will be available to all those who live around
the surrounding area.
Commissioner Constantine said that the intent is not to limit to
the Strand.
Commissioner Norris stated that he is concerned with the two year
review because if the criteria is too restrictive the State could take
control of the road. He said that the "trap" in this agreement could
be that increased monitoring could show more poaching than in the past.
Commissioner Constantine agreed that the criteria must be deve-
loped carefully.
Mr. Barton reminded the Board that this issue must be addressed by
September in order to meet the grant cycle.
Commission Saunders moved to agree in principle the terms of the
a~reement as outlined by the Chairman, direct Staff to work with the
~epa~tment of Environmental Protection to draft the appropriate
al~re~qsent and bring back for Board consideration and approval at the
September 6, 1994 meeting. Seconded by Commissioner Volpe.
Commissioner Volpe stated that the airport has been operating
under verbal agreement with the State. He requested that the
agreement absolve the County of any responsibility of the payment of a
10~ surcharge which is part of the ]nitlal agreement.
Upon call for the question, the motion carried 4/1 (Commissioner
Matthews opposed).
(531)
Item #8H4
RESOLUTION 94-580 RE ISSUANCE AND AWARD BY NEGOTIATED SALE OF
$30,6?5,000.00 COLLIER COUNTY CAPITAL IMPROVEMENT REVENUE REFUNDING
BONDS, SERIES 1994 TO REFUND THE SERIES 1986 CAPITAL IMPROVEMENT
REVENUE BONDS - ADOPTED
John Yonkosky, Assistant to the County Manager, stated that this
it{:m is a request to adopt a resolution to issue and award
$30,415,000.00 worth of current refunding bonds on a 1986 sales tax
issue. He said that the present value savings is $2,510,000.00, the
DUO-,., 5 7
Page 19
August 9, 1994
percentage of savings is 8.571%.
Marc Samet, Financial Advisor, presented the Board with pricing
books and explained the summary of financing. He said they anticipate
closing the issue on September 80 1994.
Mr. Samet explained that Section Two reviews the sources and uses
of funds. He said that the County had the issue insured with National
Bond Insurance.
Mr. Samet pointed out that Moody's rated the issue A-1 and
Standard & Poors rated the issue A-Mfnus. He said that both cited
the following factors for the rating; half cent sales tax is providing
approximately three and one half times the coverage to debt service,
the County's share of these revenues has been growing, the County's
historically strong financial operations, property tax millage remains
at a level that affords the County flexibility relative to the statu-
tory ten mtl cap, a strong local economy, steady tax base growth and
that the County debt burden is well below the median for County's of
comparable size.
bit. Samet revealed that the fourth column of the Debt Service
Schedule shows the yield on the bonds. He said that because the
County is taking the sav~ngs of two and one half million dollars over
the first few years shows as a no principle being paid in 1995 and
1996 but shows yields ranging from 4.35~ in 199l to 6.08~ in 2012.
Mr. Samet explained that the fifth column of the Summary Analysis
shows the annual difference tn savings.
Mr. Samet stated that the market conditions caused by the
unemployment report made a difficult market. He said that he was able
to reprtce yesterday's bond issue fn the serial maturities from 199~
to 2004 by points lower than what was originally on the scale on
Monday morning when the bond issue was approved.
Mr. Samet explained that the Underwriters Discount and Cost of
Issuance on page 6 of the Pricing Book. He said that the total gross
spread negotiated with the underwriters is $5.80 per 1,000. He said
that expenses are .~3¢, the remainder is takedown or commission which
Page 20
August 9, 1994
totals $5.07. He stated that total expenses come to $22,202.95 and
the total cost of issuance is $120,000.00.
Mr. Samet stated that the next section includes market condition
articles that reflect the market conditions at the end of last week.
Mr. Samet reported that the last section includes the bids
received from service proriders for escrow agents for printing the
official statement, escrow agent/registrar and paying agent and veri-
fication services.
In answer to Commissioner Volpe, Mr. Samet stated that closing on
this issue will occur in Tampa.
In response to Commissioner Volpe, Mr. Samet replied that effec-
tive interest costs include the interest rates at various maturities
and various costs of issuance and underwriter discounts.
Commissioner Volpe remarked that the County is taking the present
savings in the first few years and not making any debt service.
bit. Samet stated that the County had the option of level savings
over a period of time to the year 2012 or taking the savings in the
first few years. He said that by putting the savings up front gives
the County the opportunity to utilize the savings on other projects.
In response to Commissioner Volpe, Mr. Yonkosky stated that the
Board will not be required to budget for debt service in 1995 or 1996.
Commissioner Matthews stated that County Manager Dotrill has been
concerned regarding the operating costs for Capital Projects. She
said that the money that will be saved in this bond issue will amount
to approximately one million dollars a year for a few years. She
asked what the Board is setting itself up for in 1997 and 1998 with
regards to the budget when the amortization of the principal has to be
met?
County Manager Dotrill stated that he is trying to do long range
planning and anticipate the impact of the 3% cap and annual assessed
value adjustments.
Commissioner Matthews stated that this is not the first time the
County has taken the savings up front for short term use. She
Page 21
August 9, 1994
expressed concern about taking the savings and using the General Fund
in order to keep the millage down and setting up a future Board of
County Commissioners to deal with this. She suggested setting up a
reserve fund.
In response to Commissioner Norris, Mr. Yonkosky confirmed that if
the refinancing is not done the County will have to pay off the bonds
that are not being refunded.
Commissioner Norris said that each year on this bond schedule the
County will be paying less than if we do not reftnance. He said that
the budget impacts are less.
Mr. Yonkosky said that the way it is structured the County will
pay approximately the same amount of debt service but have the savings
available for the first few years.
Commissioner Matthews stated that she has no problems with the
reissue but she is concerned about future Boards dealing with these
deferrals.
Commissioner Volpe stated that the focus of the discussion is that
the Finance Committee and the Financial Advisor are making a recommen-
dation that we take the savings up front. He asked if there is an
alternative taking the savings up front for the first two years?
Mr. Samet stated that on a present value basis there is little
difference between taking the savings up front rather than over a
period of time. He said that the advantage of taking the savings up
front is the flexibility it gives the Board in applying them to other
projects.
Tom Giblin of Nabors, Giblin, Steffens & Nickarson, stated that
his firIn did not have all the information relating to pricing until
yesterday afternoon. He said that the resolution presented will be
the final action needed if the Board decides to proceed with the sale
of the bonds. He explained the different exhibits that are attached
to the resolution.
Co~aissioner Norris moved, seconded by Commissioner Saunders and
carried unanimously, to adopt the resolution authorizing issuance of
Page 22
August 9, 199&
the Capital Improvement Revenue bonds, thereby adopting Resolution
94-580.
Craig Hunter of William and Hough Company, stated that the
strength of the County's underlying rating helped the market con-
siderably.
Commissioner Saunders stated that it is his understanding that
compared to other Counties in Florida, Collier County has one of the
lowest debt ratios.
Mr. Yonkosky pointed out that in any type of refinancing, the
bonds are maturing at the same time.
Page 23
August 9, 1994
(1662)
Xtesa #8H5
RESOLUTION 94-581KE SUPPLEMENTAL ESCROW DEPOSIT AGREEMENT AND
SUBSTITUTION OF TREASURY SECURITY THAT PROVIDES GREATER SAVINGS TO
COLLIER COUNTY WATER-SEWER DISTRICTS REFUNDING OF SERIES OF 1987 AND
SERIES 1991 - ADOPTED WITH AMENDED LANGUAGE
John Yonkosky, Assistant to the County Manager, stated that this
item is a request that the Board adopt a resolution authorizing a
supplemental escrow deposit agreement for Series 1987 and 1991 Bond
issue. He said tl~at he will substitute a Treasury that matures on May
15, 1999, with a Treasury Security that matures on June 30, 1999. He
said that the savings will amount to $179,000.00. He requested that
the Board approve the resolution so that the escrow may be supple-
mented and the County Manager will have the authority to designate
when the security will be substituted.
Commissioner Saunders moved, seconded by Commissioner Volpe and
carried unanimously, to approve the Supplemental Escrow Deposit
Agreement, thereby adopting Resolution 94-581.
Tape #3
(259)
Later in the meeting, Mr. Yonkosky noted that the resolution only
identifies the Treasury STRIP. He said that there were seven or eight
small T-Notes that must also be sold. He said that the County
Attorney advised ti~at the Board must move to reconsider that issue.
Commissioner Norris moved, seconded by Commissioner Saunders and
carried unanimously, to reconsider the sale of the T-Notes.
Mr. Yonkosky stated that the language in line eight of the
title of the resolution should read "Certain Treasury Securities". He
said that the third "Whereas," will be amended to read "Whereas. the
District has determined to substitute a certain United States Treasury
obligation including one for the $27,282,000 United States Treasury
STRIP scheduled to mature on May 15, 1999 and on deposit pursuant to
the Escrow Deposit Agreement (the "Federal Security")" He stated
that the escrow agreement will be changed accordingly so it provides
that the County Manager or representative will be authorized to sell
Page 24
August 9, 1994
the seven or eight T-Notes.
Commissioner Norris moved, seconded by Commissioner Saunders and
carried unanimously, to amend the language as Mr. YonkoskW has
outlined.
Page 25
August 9, 1994
Item #12C1
RESOLUTION 94-582 RE PETITION CCSL-94-5, ROBERT T. GRACEY OF
MANAGEMENT BY ASSOCIATION, INC., REPRESENTING SANDCASTLE CONDOMINIUM
ASSOCIATION; REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE
TO E;LOW TR~ RETAINMENT OF FILL PLACED ON THE PROPERTY OF SANDCASTLE
C0NIX)I~INIUM - ADOPTED
Legal notice having been published in the Naples Dally News on
July 24, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Stephen Lenberger, Environmental Specialist, stated that this
petition is a request for a variance for the retainment of fill on the
grounds of Sandcastle Condomintum. He said that Staff recognizes the
Board's desire to improve the method in which this type of procedure
can be approved administratively. He stated that Staff is proposing
language for the next LDC amendment cycle.
Mr. Lenberger stated that the petttton is consistent with the Con-
servatton Coastal Management Element in the Growth Management Plan and
the Land Development Code.
In response to Commissioner Matthews. Barbara Burgeson.
Environmental Specialist, replied that a minor change is a distance
change where there would be less impact.
Commissioner Constantine closed the public hearing.
Commissioner Vo/pe moved, seconded by Commissioner Norris,
that Petition CCSL-94-5 be approved. Upon call for the question, the
motion carried 4/0 (Commissioner Saunders out) thereby adopting
Resolution 94-582.
271
Page 26
August 9, 1994
(x87o)
Item #12C2
PETITION CCSL-94-6, JERRY NEAL, OFFICE OF CAPITAL PROJECTS MANAGEMENT,
REPRESENTING COLLIER COUNTY BOARD OF COUNTY COMMISSIONS, REQUESTING A
VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW
CONSTRUCTION OF A WOODEN HANDICAPPED RAMP FOR BEACH ACCESS BETWEEN
LOTS 32 AND 33, BLOCK A, UNIT 1 OF CONNORS VANDERBILT BEACH ESTATES
CO~flNUED TO THE MEETING OF SEPTEMBER 13, 1994
Legal notice having been published in the Naples Daily News on
July 24, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Barbara Burgsson, Environmental Specialist, requested that
Petitions CCSL-94-6, CCSL-94-9 and CCSL-94-8 be discussed at this time
because they are similar petitions along Vanderbllt Beach for public
access.
Ms. Burgsson stated that all three petitions are consistent with
the Growth Management Plan stipulations with one exception which is
the variance that is the furthest south. She said that the additional
stipulation to that variance would allow for a boardwalk over exposed
tree roots.
In response to Commissioner Matthews, Ms. Burgsson stated that
Petition CCSL-94-6 is across from Bayview Avenue. She said that
Petition CCSL-94-9 is not across from any streets but is adjacent to
the Mansions Condominiums. She stated that Petition CCSL-94-8 is
adjacent to the LaScala Condominiums.
In response to Commissioner Volpe, Jerry Neal, Engineering Project
Manager, replied that the criteria in the American Disabilities Act is
for easy access to buildings. He said that there is no regulation
that applies to the beach. He stated that because this petition was
initiated by handicapped persons, the proposed ramp is planned for the
maximum steepness required by the handicapped rules.
In answer to Commissioner Volpe, Mr. Neal stated that the funds
were budgeted last year for beach access improvements. He said that
the funds originally came from the Regional Park impact fees.
The following people spoke on the subject:
Page 27
August 9, 1994
Thomas Bledsoe Werth Evelyn Lawmaster
Commissioner Constantine stated that he does not doubt that addi-
tional beach access is necessary. He said that public comment has
raised some legitimate questions that have not been answered. He
suggested that the petitions be continued so that Staff may provide
further information.
Commissioner Norris moved, seconded by Commissioner Saunders and
carried unanimously, that Petitions CCSL-94-6, CCSL-94-9 and CCSL-94-8
be continued to the meeting of September lS, 1994, so that Staff may
provide information to answer the questions that have been raised.
Commissioner Volpe advised that it will be necessary for the
County Attorney to advise the Board of its rights to improve these
access easements if the access easements run to the benefit of the
County.
Item #12C3
PETITION CCSL-94-9, JERRY NEAL, OFFICE OF CAPITAL PROJECT MANAGEMENT,
REFRESENTING COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, REQUESTING
A VARIANCE FROM TRE COASTAL CONSTRUCTION SETBACK LIME TO ALLOW
CONSTRUCTION OF A WOODEN HANDICAPPED RAMP FOR BEACH ACCESS ON LOT 1,
BLOCK A, UNIT 2, OF BAKER CARROLL POINT ON VANDERBILT BEACH IN SECTION
29, T48S, R25E - CONTINUED TO THE MEETING OF SEPTLImBER 13, 1994
Legal notice having been published in the Naples Daily News on
July 24, 1994, as evidenced by Affidavit of Publication filed with the
Cleric, public hearing was opened.
This item was heard in conjunction with Petition CCSL-94-6 and
CCSL-.94-8, see above.
Commissioner Norris moved, seconded by Commissioner Saunders and
carried unanimously, that Petitions CCSL-94-6, CCSL-94-9 and CCSL-94-8
be continued to the meeting of September 13, 1994, so that Staff may
provide information to answer the questions that have been raised.
Item 112C4
PETITION CCSL-94-8, JERRY NEAL, OFFICE OF CAPITAL PROJECTS MANAGEMENT,
REPRM:SMNTING COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, REQUESTING
A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW
CONStrUCTION OF A WOODEN HANDICAPPED RAMP FOR BEACH ACCESS BETWEEN
LOTS 20 AND 21, BLOCK A, UNIT 1 OF CONNORS VANDERBILT BEACH ESTATES IN
SECTION 29, T48S, RZSE - CONTINUED TO THE MEETING OF SEPTEMBER 13,
1994
275
Page 28
August 9, 1994
Legal notice having been published in the Naples Daily News on
July 24, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
This item was heard in conjunction with Petition CCSL-94-6 and
CCSL-94-9, see above.
Commissioner Norris moved, seconded by Commissioner Saunders and
carried unanimously, that Petitions CCSL-94-6, CCSL-94-9 and CCSL-94-8
be continued to the meeting of September 13, 1994, so that Staff may
provide information to answer the questions that have been raised.
(3137)
Item #12C5
ORDINJUICE 94-36 RE NODIFICATION OF ORDINANCE NO. 90-30 AS/J~NDED FOR
THE FURPOSE OF MAINTAINING SOLID WASTE COLLECTION OPTIONS FOR
MULTI-FAMILY COMMERCIAL ACCOUNTS - ADOPTED WITH AMENDED LANGUAGE
Legal notice having been published in the Naples Dally News on
July 21, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
David Russell, Acting Director, Solid Waste Management Department,
stated that this modification would allow approximately 4,000 commer-
cial units that receive curbside collection to continue to do so. He
said that the issue arose as a result of a Code Enforcement action.
He reported that a companion item to modify the Land Development Code
(LDC) which will require developers to have dumpsters if they are
building structures that exceed five units under one roof. He said
that when the development is turned over to an association they would
be able to opt for a curbside collection if they choose, provided
space is available outside their dwelling units.
Vic Tatak spoke on the subject.
Commissioner Constantine stated that it may be appropriate to
review the LDC to see what the minimum number of units is per
dumpster.
Mr. Russell stated that the LDC contains no parameters at the pre-
sent time.
OCO 276
Tape #3
Page 29
August 9, 1994
In response to Commissioner Volpe, Mr. Russell stated that as the
situation now exists a developer may request modifications to his site
development plan. He explained that this ordinance allows units that
now have curbslde collection to continue to have it.
Dick Clark, Interim Community Development Administrator, stated
that Staff agrees that the developer should be required to provide
dumpster service in the initial stages. He said that after malority
ownership has been established the residents can petition to have the
trash removal service.
Commissioner Saunders pointed out that the modifying language on
Page 3, Section C, needs to state that the sublect is site develop-
ment plans that have been approved on or before this date.
County Attorney Cuyler stated that this ordinance is designed to
cure both current and future problems. He agreed to amend the
language.
Commissioner Constantine closed the public hearing.
Commissioner Saunders moved, seconded by Commissioner Volpe, and
carried unanimously, to approve the modification to Ordinance No 90-30
as outlined in the Executive Summary with amended language to read
"wherein the site development plan (such plan having been approved
prior to August 9, 1994)", thereby adopting Ordinance 94-36 and
entere~ into Ordinance Book No. 67.
Commissioner Matthews stated that she and the County Manager have
had discussions with Mr. Kennedy of Waste Management, regarding
horticultural waste. She said that she thought there were two changes
to the solid waste program in order to get the horticultural program
on line by September 1, 1994. She asked when the second change will
be presented?
County Manager Dotrill replied that Mr. Kennedy has not yet pro-
posed a modification. He said that he will check with Mr. Kennedy.
Deputy Clerk Hoffman replaced Deputy Clerk Barbirettt at this time see
(380)
Item el2C6
PETITION SNR-94-3, GARY BROWN REPRESENTING NAPLES HIGH SCHOOL
REQUESTING STREET NAME CHANGE FROM GOLDEN GATE PARKWAY TO GOLDEN EAGLE
August 9, 1994
PARKWAY LOCATED BETWEEN U.S. 41 AND GOODLETTE-FRANK ROAD - PETITION
WITHDRAWN
Legal notice having been published in the Naples Daily News on
July 24, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Planner Badamtchlan stated that Gary Brown, Naples High School
Principal, is requesting that a small portion of Golden Gate Parkway
located between U.S. 41 and Goodlette-Frank Road be renamed to Golden
Eagle Parkway.
Mr. Badamtchtan advised that because Naples is a resort town,
renaming of a portion of the Parkway may create some confusion, there-
fore, staff recommends that the school be responsible for the cost of
directtonal signs estimated to be $1,500.
Mr. Gary Brown, stated that the school has a major construction
project currently taking place on Golden Gate Parkway. He indicated
that the school's address has historically been 22nd Avenue North
since the office and the front of the building is located on that
thoroughfare. He explained that the administrative offices will be
completed on August 15, 1994, and they are now located on Golden Gate
Parkway, therefore, the school's address will change.
Mr. Brown affirmed that the students, parents and staff came to
the conclusion that since Naples Htgh's mascot is the "Golden Eagles",
it would be appropriate for the school's address to be Golden Eagle
Parkway.
Mr. Brown reported that Pat Conholly, Manager of the Coast]and
Center Mall has been contacted and she supports the idea.
Mr. Brown indicated that the school would raise money to pay for
the signs, as recommended by staff and forever, in the future, Naples
High School, Golden Eagles wou]d be on Golden Eagle Parkway Just as
many other high schools in the Southwest Florida area are now on
streets named for the mascot of the school.
There were no other speakers.
Chairman Constantine closed the public hearing.
Page 31
August 9, 1994
Commissioner Constantine voiced concerns with regard to the
confusion that may result and also that this is a major corridor. He
remarked that there may be other alternatives. He noted that there is
a driveway leading to the school which could be appropriately named in
lieu of renaming Golden Gate Parkway.
Commissioner Constantine stated that this is a heavy visitor area
and would be very confusing to people trying to head to the Golden
Gate community.
Commissioner Saunders pointed out that people attempting to turn
onto Golden Gate Parkway from U.S. 41 would be confused with signage
stating "Golden Eagles Parkway to Golden Gate Parkway".
Mr. Brown questioned whether the Board of County Commissioners has
the authority to allow the school to name the circle in front of the
school as "Golden Eagle Circle"
Commissioner Constantine remarked that this is school property and
the School Board would have the authority to authorize the name of the
circle. He noted that this may be a vtab]e alternative.
Commissioner Volpe stated that he is comfortable with the circle
in front of the school being named "Golden Eagle Circle".
County Manager Dotrill advised that Mr. Brown may need to come
back to the Board in order for a resolution to be adopted.
Mr. Brown wlthd:cew his petition.
It was the consensus of the Board for staff to assist Naples High
School with respect to the post office issue of naming the circle in
front of the school.
(600)
Item #12C7
ORDINANCE 94-37 AMENDING ORDINANCE 81-42, AS AMENDED, RE OCCUPATIONAL
LICENSES: PROVIDING FOR AMENDMENT TO DUE DATES, DELINQUENT PENALTIES,
TRANSFER FEES AND APPLICATION REQUIREMENTS - ADOPTED
Legal notice having been published in the Naples Daily News on
July 21, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Assistant County Attorney Ashton stated that the purpose of this
279
Page 32
August 9, 1994
item concerns certain amendments that were made to Chapter 205,
Florida Statutes.
Ms. Ashton reported that the changes are being made to the ordi-
nance to reflect state law.
Ms. Ashton stated that F.S. allows a penalty of up to $250,
however, Tax Collector Guy Carlton is requesting that the penalty
reflect up to 25%, which is what is currently being charged. She
noted that the ordinance amendments provides that other penalties as
provided by law can also be assessed. She advised that to reflect
current practice, the penalty will remain at
There were no speakers.
Commissioner Constantine closed the public hearing.
Cosmtssioner Norris moved, seconded by Commissioner Volpe and
carried unanimously, that Ordinance 94-37 be adopted and entered into
Ordinxnce Book No. 67.
(653)
Item I13AI
RESOLdlION 94-583, RE PETITION V-94-11, JIN KURTZEBORN REPRESENTING
FOXFI~! COUNTRY CLUE, REQUESTING A 16 FOOT VARIANCE FRON THE REQUIRED
SETBACK OF 50 FEET TO 34 FEET TO ALLOW THE EXPANSION OF AN EXISTING
GOLF CJ~T STORAGE FACILITY - ADOPTED WITH STIPULATIONS AS ANENDED
Legal notice having been published in the Naples Daily News on
July 24, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Planner Badamtchian explained that this petitioner is requesting a
16 foot variance from the required setback of 50 feet to 34 feet. He
reported that the purpose of the variance is to allow the expansion of
an existing golf cart storage facility.
Mr. Badamtchian stated that the Collier County Planning Commission
reviewed this petition on July 21, 1994 and by a vote of 4/2 recom-
mended approval, subject to staff stipulations.
Mr. Badamtchian affirmed that he has received five letters of
objection from unit owners at Fox Hollow and one letter of approval
from the Fox Hollow Condominium Association.
Page 33
August 9, 1994
Mr. Jim Kurtzeborn, representing Foxfire Country Club, stated that
the property owners opposing the petition believe the cart barn will
not be expanded if the variance is denied, however, it is inevitable
that the facility needs to be expanded. He advised that there is an
alternate location where the facility can be expanded and this would
be much more detrimental to those property owners.
Planner Badamtchian advised that staff is recommending denial of
the petition since the expansion of the cart barn will block the view
of the unit owners of the first building.
Mr. Kurtzeborn referred to a displayed exhibit and pointed out the
location of the proposed expansion and its proximity to the adjacent
dwelling units.
Mr. Badamtchian cited that noise is the main concern. He reported
that the golf carts are washed early each morning and the proposed
expansion will be located even closer to the units which will add to
the impact. In addition, he remarked that these unit owners object to
looking at a large storage building every day.
In response to Commissioner Constantine, Mr. Kurtzeborn revealed
that the storage facility cannot be expanded on the north side of the
building since it is needed for staging of the golfers and the golf
carts.
Mr. Alex Rimandi, Foxfire General Manager, explained that origi-
nally the expansion was proposed for the west side of the building,
however. He noted that the Fox Hollow Condomlnlum was approached in
this regard and an agreement was reached for the expansion to be built
as currently proposed with the stipulation to soundproof the cart barn
with no venting and to provide shrubbery and trees.
County Attorney Cuyler reminded the Board that the findings for
approvlng the variance are outlined on Page 5 of the Executive
Summary.
Commissioner Saunders moved, seconded by Commissioner Matthews and
carried unanimously, to approve Petition V-94-11, on the basis that
expanding the cart barn to the west would be more detrimental to the
[;Off ,.:-.! 281
Page 34
August 9, 1994
condoatnlus dwellings than extending the facility to the south and
subject to the CC~C's stipulation for a 15' wide/andscape buffer, 6'
in height and 80X opaque; and that the facility be sound proofed with
no stir vents, thereby, adopting Resolution 94-583.
Page 35
August 9, 1994
(zo65)
Item #13A2
RESOLUTION 94-584 RE PETITION CU-94-6, TERRANCE L. KEPPLE OF BRUCE
GREEN & ASSOCIATES, INC., REPRESENTING TIMOTHY D. LUSK REQUESTING A
CONDITIONAL USE "17" OF THE "A" ZONING DISTRICT FOR A MINIATURE GOLF
COURSE AND CONDITIONAL USE "21" OF THE "A" ZONING DISTRICT FOR A
RETAIL PLANT NURSERY FOR PROPERTY LOCATED AT THE NORTHWEST
INTERSECTION OF PINE RIDGE ROAD AND LIVINGSTON ROAD, CONSISTING OF
APPROXIMATELY 13.73 ACRES - ADOPTED FOR CONDITIONAL USE FOR PLANT
NURSERY ONLY, SUBJECT TO STIPULATIONS AS AMENDED; CONDITIONAL USE FOR
MINIATURE GOLF COURSE DENIED
Legal notice having been published in the Naples Daily News on
July 24, 1994, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened.
Planner Mulhere stated that this item is a request for Conditional
Use "17" and "21" of the Agricultural District for a retail plant nur-
sery and a miniature golf course.
Mr. Mulhere noted that a significant portion of this property is
dedicated to a FPL easement leaving only 6.72 acres of developable
area. He indicated that the petitioner's master plan calls for an 18
hole miniature golf course; 6,000 square foot retail sales office;
2,400 square foot retail plant/shade house; 19,000 square foot outside
nursery display area; two 8,000 square foot equipment/wholesale
storage buildings; and two caretakers' residences.
Mr. Mulhere pointed out that reviewing staff only considered the
retail plant nursery since the miniature golf course is not a per-
mitted or conditional use within the Agricultural District and is not
consistent with the Comprehensive Plan.
Planner Mulhere advised that the Collier County Planning
Commission reviewed this petition on July 21, 1994 and unanimously
voted to recommend approval of the plant nursery and by a vote of 5/1
recommended denial of the miniature golf course request.
Mr. Mulhere stated that no one spoke ]n opposition of this peti-
tion, however, one letter from the Community School supporting this
petitioner has been received.
Mr. Mulhere explained that the Planning Commission's recommended
approval is subject to the Agreement Sheet contained In the Executive
Page 36
August 9, 1994
Summary and this would allow for access from Pine Ridge Road as well
as Livingston Road. He noted that staff is recommending the limita-
tion of only one access from Livingston Road.
Mr. Terrance Kepple, representing the Petitioner, advised that
there are two requests for Conditional Use: retail nursery and
miniature golf. He explained that he has reviewed the Agreement
Sheet, as amended by the CCPC, and concurs with same with the excep-
tion of Items "H" and "L".
Mr. Kepple called attention to Stipulation "H" requiring that the
master plan provide a maximum of two ingress/egress driveways to
Livingston Road and the southerly most driveway aligning with
Livingston Woods Lane. He advised that he has no problem aligning one
of the driveways to Livingston Woods Lane, but noted he is uncertain
as to whether the other driveway would be to the north or south, but
it wl]l be located in accordance with the County's Access Management
Policy.
Mr. Kepple remarked that Stipulation "L" states that the peti-
tioner shall revise the master plan to iljustrate the future use of
that area designated as miniature golf course. He remarked that at
the time the petition was submitted staff was uncertain as to whether
miniature golf fell within the conditional use classification,
however, golf courses and driving ranges are addressed as conditional
uses i:n the "A" Zoning District.
Mr. Kepple stated that the owner of the property plans to utilize
the miniature golf as a show case of the services and planting type
materials that would be provided on site as well as providing a
recreational facility. He advised that this will not be a putt-putt
golf range, but rather a true miniature golf course.
Mr. Kepple pointed out that a golf course w]]] generate 400-900
driving trips per d.ay and a golf driving range will generate approxi-
mately I00 trips per day. He noted that a miniature golf course will
produce 68-90 trips per day which is much less than a major 18 hole
golf course with clubhouse and related facilities.
Page 37
August 9, 1994
In response to Commissioner Constantine, Mr. Kepple stated that
natural turf will be used for the golf course.
Mr. Kepple reported that the petitioner has agreed that the
miniature golf course would only be open during the hours of operation
of the retail nursery.
In answer to Commissioner Volpe, County Attorney Cuyler advised
that he concurs with staff that the miniature golf course is not a
permitted conditional use within an Agricultural Zone.
Mr. Kepple stated that the petitioner is requesting two separate
conditional uses and noted if the miniature golf course is not
approved, there will be unused space on that property to be utilized
by another use.
A discussion ensued with regard to the access point on Pine Ridge
Road. In addition, Mr. Mulhere pointed out that there is a stipula-
tion on the Agreem~;nt sheet with regard to turn lanes that
Transportation Services deems to be necessary.
Mr. Kepple revealed that Transportation Services Engineer Kant
suggested that the entrance between Pine Ridge Road and Livingston
Road be approximately 270' north of Pine Ridge which would be about
halfway between Livingston Woods Drive and Pine Ridge Road.
In answer to Commissioner Volpe, Mr. Mulhere remarked that staff
originfilly recommended one caretaker's residence, however, the appli-
cant is requesting two caretakers' residences to accommodate both
uses. He indicated that the CCPC deemed that this is Agriculturally
zoned property and a single family home and a guest home would be per-
mitted, therefore, two caretakers' residences would be acceptable.
There were no other speakers.
Commissioner Constantine closed the public hearing.
Mr. Mulhere suggested 'that there be right ]n/right out on Pine
Ridge Road as far from the intersection of Pine Ridge Road and
Livingston as possible, in compliance with the access management plan.
Transportation Services Administrator Archibald reported that per-
mit requirements indicate that a turn lane be provided for any access
ooK
Page 38
August 9, 1994
to a four lane or greater facility and in this particular case, if the
petitioner complies with the access management plan and permit
requirements he will either provide a turn lane or will not be granted
permit access.
C~m/issioner Norris moved, seconded by Commissioner Volpe and
carried unanimously, to approve the Conditional Use for the retail
nuteel7 only, subject to staff's stipulations including one careta-
ker's residence, thereby, adopting Resolution 94-584; and that the
Conditional Use request for the miniature golf course be denied since
it is not consistent with the Growth Management Plan.
Pa~e 39
August 9, 1994
Item #13B1
RESOLUTION 94-585, RE PETITION CU-92-4, WILLIAM SENKEVICH OF
TEI~PUSTMCH, INC., REQUESTING EXTENSION OF A CONDITIONAL USE GRARTED ON
SEPTEMBER 8, 19920 FOR CONDITIONAL USE 5 (CjustER DEVELOPMI~NT) OF THE
LAND DEVMLOPMA1TT CODE - ADOPTED
Planner Mulhere announced that this is a request for a second
extension for Petition CU-92-4.
There were no speakers.
Commissioner Constantine closed the public hearing.
Commtsaioner Saunders moved, seconded by Commissioner Matthews and
carried unanimously, to approve Petition CU-92-4 and that Resolution
94-585 be adopted.
Page 40
AugUst 9, 1994
(2260)
Its% #14B
RgSOLUTION 94-586, CORRECTING THE TIME SET FOR PUBLIC HEARING AT THE
CLUB AT PELICAN BAY ON AUGUST 15, 1994 TO BE AT 5:05 P.M. - ADOPTED
County Attorney Cuyler stated that there will be a public hearing
on August 15, 1994 at The Club at Pelican Bay. He indicated that the
Board originally set the time for 6:00 P.M. and requested that the
time be changed to 5:05 P.M.
Commissioner Norris moved, seconded by Commissioner Matthews and
carz. ted unanimously, that the public hearing at The Club at Pelican
Bay on August 15, 1994, be held at 5:05 P.M., thereby adopting
Resolution 94-586.
Page 41
Au~l/st 9, 1994
(2325)
Item #14A~C
LDC Jd(ENDMEWTS - SCHEDULED FOR OCTOBER 12 AND 26, 1994 AT 5:05 P.M.;
AND Ja(E]IDMMNTS TO THE IMPACT FEE ORDINANCES SCHEDULED FOR SEPTEMBER
28, 1994 AT 5:05 P.M.
Administrative Assistant to the Board Filson stated that LDC
amendments will be heard on October 12 and 26, 1994 at 5:05 P.M.
Ms. Filson noted that Affordable Housing Director Mihaltc has
requested that the Amendments to the Impact Fee Ordinance be scheduled
for September 28, 1994, at 5:05 P.M., prior to the Final Budget
Hearing.
1~e Commission concurred that the LDC Amendments would be heard on
Octok~r 12 and 26, 1994, at 5:05 P.M. and the Amendments to the Impact
Fee Ordinances would be held on September 28, 1994 at 5:05 P.M.
(2384)
Item #ISA
DISCUSSION OF SPOT SURVEY REQUIREMENTS FOR MOBILE HOME PARKS -
AMENDMENTS TO THE LDC TO BE FORTHCOMING
County Manager Dotrill stated that the Land Development Code
requires that spot surveys be submitted to ensure that there are no
improper variances or encroachments into rear or sideyard setbacks for
new construction. He noted that there is a similar condition that
applies to mobile homes.
Mr. Dotrill cited recent problems experienced by a lady who
purchased a mobile home and attempted to have it installed in an old,
but platted mobile home subdivision in Copeland.
Mr. Dotrill remarked that staff is questioning whether or not
mobile homes should adhere to the same criteria as that required for
new construction and consider taking an affidavit or a site plan sub-
mitted by the dealer who would deliver and erect on that site a mobile
home. He noted that there is a hardship on people buying mobile homes
and expecting the dealer to take care of permitting and codes and then
being told that they are required to hire a land surveyor at a cost of
$300--$400 to survey the erection of a mobile home.
Page 42
August 9, 1994
Commissioner Matthews stated if an affidavit is accepted from a
mobile home distributor and there is an error, the County could go
back to that party and require that the mobile home be moved.
Mr. Dotrill indicated that staff will assist the lady in the
interim who experienced the problem, and noted that staff will initate
LDC Amendments to correct this problem.
s** Commissioner Saunders moved, seconded by Commissioner Matthews
and carried 4/0 (Commissioner Volpe out) that the following items
under the consent agenda be approved and/or adopted. $$$
Item ll6A1
RESOLUTION 94-572 AUTHORIZING FINAL ACCEPTANCE OF ROADWAY, DRAINAGE,
AND WATER IMPROVEMENTS FOR "GRANADA DRIVI~ EXTENSION"
Item
ACCEi~TI~C~ OF 1~ IRRE~rOCABLE ST~h~DBY LETTER OF CREDIT AS SEC~rRII~/FOR
[~C~ITION F[I~IT N0. ~9.4~1 ~S~PHIR~ I~S - trNIT
Item #16A3
See Page
ACCEPTANCE OF WATER AND SEWER FACILITIES FOR LELY RESORT, PHASE 11 -
WITH TR~ STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY
Item 816A4
ACCEN~ANCE OF WATER AND SEWER FACILITIES FOR STERLING OAKS, PHASE I -
WITH TH~ STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY
Item 116A5
RESOLUTION 94-573 AUTHORIZING PRELIMINARY ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS IN STERLING OAKS AND ACCEPTING
THE IRREVOCABLE LETTER OF CREDIT FROM THE D~VELOPER FOR MAINTENANCE OF
THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR A MINIMUM OF
OIFE YEAR AND ACCEPTING THE CONSTRUCTION AND MAINTENANCE AGREEq~ENT OF
SUBDIVISION IMPROVEMENTS - WITH THE STIPULATION AS LISTING IN THE
EXECUTIVE SUleeARY
See P, ge
Item t16A6
RESOLUTION 94-574 AUTHORIZING THE ACCEPTANCE OF WOOD DUCK TRAIL, A
REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS PELICAN
MARSB UNIT TWO AND PELICAN MARSH GOLF COURSE PHASE ONE
Item a~16A7
Page 43
August 9, 1994
RESOLUTION 94-575 ACKNOWLEDGING A LOT LINE ADJUSTMENT ON LOTS 1, 2 AND
3, BLOCK 24, A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS HIDEAWAY
BEACH K~TTRANCE PURSUANT TO SECTION 3.2.4.8 OF THE COLLIER COUNTY LAND
DEVELOPMEET CODE
Item #%6A8
See Pages
RECORDING OF THE FINAL PLAT OF "SOUTHPORT ON THE BAY UNIT 2AN - WITH
THE STIFULATION AS LISTING IN TEE EXECUTIVE SUMMARY
Item #16A9
ACCEPTANCE OF SEWER FACILITIES FOR TEE ESTATES AT WYNDEMERE - WITH THE
STIFULATION~ AS LISTED IN TEE EXECUTIVE SUMMARY
RECORDED IN OR BOOK 1993 PAGES 1732 - 1740
Item #16A10 - Deleted
Itea.#16A11
RESOLUTION 94-576 AUTHORIZING PRELIMINARY ACCEPTANCE OF THE ROADWAY
AND DRAINAGE IMPROVEMENTS IN GERMAN WOODS AND ACCEPTING THE CASH BOND
FROM THE DEVELOPER FOR MAINTENANCE OF THE ROADWAY AND DRAINAGE
IMPROVEMENTS FOR A MINIMUM OF ONE YEAR AND ACCEPTING THE CONSTRUCTION
AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO
RECORDING OF FLAT
Item #16A12
AWARD OF COlTTRACT TO AMF EXCAVATING, INC. IN THE AMOUNT OF 821,600 FOR
THE DISPOSAL OF LARGE BOULDERS LOCATED ON THE COLLIER COUNTY
AGRICULTURE AND FAIRGROUND SITE, WAIVER OF PURCHASING REQUIREMENTS FOR
BOULDER REMOVAL, APPROVAL OF BUDGET AMENDMENT IN THE AMOUNT OF $25,600
FR~ FUND 001 RESERVES AND AUTEORIZATION OF AM ADDITIONAL 85,000 FOR
LIffi~ROCK MATERIAL TO STABILIZE AREAS AT THE FAIRGROUND SITE WITH WORK
TO 13E CO~fi~LETED BY TEE ROAD AND BRIDGE DEPARTMENT
Iten 11681
ACCICPTANCE OF GAC ROAD IMPROVEMENTS PERFORMED UNDER BID NO. 93-2089,
ACCEPTANCE OF THE LIMEROCK ROAD IMPROVEMENT PRIORITY LISTING IN THE
GOLDEN GATE ESTATES FOR FY 94/95 AND ACCEPTANCE OF AN IMPLEMENTATION
PLAN
Item #1682
RESOLUTION 94-577 PROHIBITING THE OPERATION OF TRUCKS AND OTEER
COM~RCIAL VEHICLES HAVING A TOTAL VEHICULAR WEIGHT INCLUDING THE LOAD
IN F3~CESS OF ONE (1) TON FROM THROUGH MOVEMENTS ON ROAE~/AYS WITHIN THE
PINE RIDGE SUBDIVISION KNOWN AS EAST AVENUE, CARIBBEAN COURT, RIDGE
DRIVe, CB1TTER STREET, CAJEPUT DRIVE, MYRTLE ROAD, BANYON ROAD, SAN
PINE DRIVE, HICKORY ROAD AND CARICA ROAD
RESO.L~rrlON g4-578 FROHIBITING TEE OPERATION OF TRUCKS AND OTEER
CO~8~RCIAL VEHICLES HAVING A HATED LOAD CARRYING CAPACITY IN EXCESS OF
ONE (1) TON FRO~ THROUGH MOVEMENTS ON TRAIL DRIVE (ALSO KNOWN AS TRAIL
Page 44
August 9, 1994
TERRACE DRIVM) AS RECORDED IN THE PLAT OF TRIAL TERRACE (PLAT BOOK 2,
PAGE 94), C"/PRESS WOODS DRIVE AS RECORDED IN CYPRESS WOODS ESTATES
PLAT NO. 2 (FLAT BOOK 4, PAGE 30), MICHIGAN DRIVE AS RECORDED ON BAD
AXE SUBDIVISION PLAT (PLAT BOOK 4, PAGE 10), AND 14TH STREET NORTH
BETWME~ SOLAMA ROAD AND CYPRESS WOODS DRIVE
Item ~16E1
See Pages
REJE~'IOI OF FLEMT VEHICLES BID NO. 94-222 AND AUTHORIZATION TO RMBID
THE COMTRACT
Item 1'16G1
FURCHAS! OF 2,000 ADDITIONAL RECYCLING BINS FOR THE RESIDENTIAL
CURBSXDE RECYCLING PROGRAM FROM LEWIS SYSTEMS IN THeE AMOUNT OF 89,040
Item #16G2
B~ N~DI~Rz RECOGNIZING AND APPROPRIATING INTEREST EAY3~INGS IN
THE AMKM31T OF 845,000 TO BE REFUNDED TO THM FLORIDA DEPARTMENT OF
EMVIR(YlM~31TaL PROTECTION (FDEP) PER PETROLEUM CONTAMINATION CONTRACT
GC 205A
Item #16H1
INCREASE IN ANNUAL IRRIGATION COSTS FOR PINE RIDGE/VINEYARDS MEDIAN
BEAUTIFICATIOR PROJECT NO. 80700 IN THE AMOUNT OF $2,700
Item #16H2 - Deleted
Item 1'16H3
FINAL RA/TKING OF CONSULTANT TO PROVIDE PROFESSIONAL SERVICES RELATED
TO FIELD SURVEYS, AERIAL PHOTOGRAPHY, DATA COLLECTION, ~LRALYSIS,
REPORTS AND COASTAL GEOLOGIC AND ENGINEERING ASSESSMENTS CONTAINED IN
RFP 94-2219 FOR THE MARCO ISLAND BEACH RESTORATION PROJECT AND
AUTHORIZATION FOR STAFF TO NEGOTIATE A COITTRACT WITH THE NUMBER ONE
(1) RAIIXED FIRM
Item t163
MISCI~LXdkMBOU~ CORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence was filed and or
referred as presented by the Board of County Commissioners:
331
Page 45
August 9, 1994
Item~16J1
CE~TII?ICA115 OF CORRECTION TO ~ TAX ROLLS AS PRESEnTTED BY
~O~
1993 TANGIBLE PERSONAL PROPERI~f
NUmber Date
173 07/25/94
1993 I~ PROPERTY
Item #16K1
196 0?/26/94
BO~URD OF COUI~ CO~ISSIONERS TO SERVE AS THE LOCAL COORDINATING tYNIT
OF GOV~NT TO APPROVE A Gl~ APPLICATION IN THE ImuMO[TNT OF
82,225.97 FOR ~ STATE OF FLORIDA'S DEPARI~NT OF COMM~INITY AFFAIRS'
I~RGBiNL~ FEDEI~ LAW ENFORCEI~ ASSISTRa{CE GI~T, I{ICANE
~ ~SOCIATED BUDGET/eu~NI~lTT
See ages' Be7- a/ O
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 1:40 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
SPECIAL. UNDER ITS
CONTROL
T MO J. N TINE, CHAIRMAN
or as corrected
Page 46