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BCC Minutes 06/14/1994 RNaples, Florida, June 14, 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 J. Matthews John C. Norris Michael J. Volpe Burr L. Saunders ALSO PRESENT: Marilyn Fernley, Sue Barbiretti and Ellie Hoffman, Deputy Clerks; Neil Dotrill, County Manager; Bill Hargett, Assistant to the County Manager; Ken Cuyler, County Attorney; David Weigel, Heidi Ashton and David Bryant, Assistant County Attorneys; Dick Clark, Acting Community Development Services Administrator; Wayne Arnold, Acting Site Plan Review Director; Bob Mulhere, Acting Current Planning Manager; Tom Olliff, Public Services Administrator; Greg Mthalic, Affordable Housing Director; George Archibald, Transportation Services Administrator; Mike Smykowski, Acting Budget Director; Ron Nino and Sam Saadeh, Project Planners; Deputy Rosa Hernandez-White, Collier County Sheriff's Office; and Sue Filson, Administrative Assistant to the Board. Page 1 June 14, 1994 Tape #1 AGENDA - APPROVED WITH CHANGES Co~maleeioner Saunders moved, eeconded by Commissioner Volpe and carried unanimously, to approve the agenda with the changes as detailed on the Agenda Change Sheet and the following additional 2. Item #16C2 - To remain on the Consent Agenda Item #10C - Update on Community Development Services Administrator position - Added. Item #14B - Status of the East Naples Community Redevelopment District - Added. 000" 09 Page 2 Item #2A CONSENT AGENDA - APPROVED AND/OR ADOPTED June 14, 1994 The mot/on for approval of the consent agenda is noted under Item #16. (2 0) Item #4A EMPLOYEE SERVICE AWARDS - PRESENTED Commissioner Saunders congratulated the following employees for service with Collier County Government: Russell Greet - 5 Years, Utilities Presented Doris Deeson - 10 Years, Probation Presented Ms. Deeson informed Commissioner Saunders that she has been with the County for a total of 21 years. (28s) Item #4B RECO~NITION OF JOHN ROULDSWORTH, COMMUNITY DEVELOPMENT SERVICES DIVISION, AS EMPLOYEE OF THE MONTH FOR JUNE 1994 - RECOGNIZED Commissioner Constantine congratulated and recognized John Houldsworth, Community Development Services Division, as employee of the month for June 1994. Mr. Houldsworth was presented with a plaque and a check in the amount of $50.00. (340) Item #4D1 PROCLAMATION DESIGNATING TUESDAY, JUNE 14, 1994 AS FLAG DAY IN COLLIER COUNTY AND THE WEEK OF JUNE 12, 1994 AS NATIONAL FLAG WEEK 1994 - ADOPTED Upon reading of the Proclamation, Commissioner Norris moved, seconded by Commissioner Saunders and carried unanimously, that the Proclamation designating Tuesday, June 14, 1994 as Flag Day in Collier Co%111t¥ and the week of June 12, 1994 as National Flag Week 1994 be adopted. Proclamation accepted by representatives of the United Womens Veterans, Army Nurse Corps, Naples Elks Club and Naples Knights Lions Club. Page June 14, 1994 FROCLAMATION DESIGNATIN~ JUNE 14, 1994 AS NAPLES HIGH SCHOOL GIRLS' FAST PITCH SOFTBALL DAY - ADOPTED Upon reading of the Proclamation, Commissioner Constantine moved, seconded by Commissioner Saunders and carried unanimously, that the Proclamation designating June 14, 1994 as Naples High School Girls* Fast Pitch Softball Day be adopted. Proclamation accepted by Head Coach Robert Iamurri, Assistant Coaches and members of the Naples High School Girls* Fast Pitch Softball Team. Page 4 (631) Xteu, #4D2b June 14, 1994 · PROCLAMATION DESIGNATING JUNE 14, 1994 AS BARRON COLLIER HIGH SCHOOL ~'!~ GIRLS' FAST PITCH SOFTBALL DAY - ADOPTED Upon reading of the Proclamation, Commissioner Volpe moved, seconded by Commissioner Matthews and carried unanimously, that the Proclamation designating June 14, 1994 as Barron Collier High School Girls' Fast Pitch Softball Day be adopted. Proclamation accepted by Head Coach John Palmitano, Assistant Coaches, Assistant Volunteer Coaches and members of the Barron CollAst High School Girls' Fast Pitch Softball team. Page June 14, 1994 (S05) PROCLAMATION DESIGNATING JUNE 14, 1994 AS ST. JOHN NEUMANN HIGH SCHOOL GIRLS~ FAST PITCH SOFTBALL DAY - ADOPTED Upon reading of the Proclamation, Commissioner Constantine moved, seconded by CommAssioner Norris and carried unanimously, that the Proclamation desi~nating June 14, 1994 as St. John Nettmann High School Girls' Fast Pitch Softball Day be adopted. Proclamation accepted by Head Coach Marisela Gutierrez, Assistant Coaches and members of the St. John Neumann High School Girls' Fast Pitch Softball team. Page 6 June 14, 1994 Item #4D3 PROOLAMATION DESI(]NATION THE MONTH OF JUN~ 19g& AS NATIONAL ROSE MONTH - ADOPTED Upon reading of the Proclamation, Commissioner Matthews moved, seconded by Couise~oner Volpe and carried unanimously, that the Procllmat~on dee~gnating the month of June 1994 as Nations1 Rose Month be adopted. Proclamation accepted by member and founders of the Naples Rose Society and the owner of Roseglen Gardens. Page 7 BUDGET AMENDMENTS 94-439 AND 94-449 - ADOPTED Acting Budget Director Mike Smykowski requested adoption of the two (2) routine Budget Amendments as shown in the Executive Summary. Commissioner Norris moved, seconded by Commissioner Saunders and carried unanimously, that Budget Amendments 94-439 and 94-449 be mdopted. Item #$ CLERK'$ REPORT - NO ACTION TAKEN Item #8A1 EMERGENCY DECLARED; EMERGENCY ORDINANCE 94-31 RE STATE HOUSING INITIATIVE PARTNERSHIP (SHIP), PROVIDING FOR TITLE AND CITATION AND PROVIDING FOR CREATING AND ADOPTION OF THE LOCAL AFFORDABLE HOUSING INCENTIVE PLAN - ADOPTED WITH CHANGE; RESOLUTION 94-418 APPROVING THE LOCAL AFFORDABLE HOUSIN~ INCENTIVE PLAN, AUTHORIZING NECESSARY CERTIFICATIONS AND AUTHORIZING THE SUBMISSION OF THE LOCAL AFFORDABLE HOUSING INCENTIVE PLAN TO THE FLORIDA STATE HOUSING FINANCE AGENCY FOR REVIEW AND APPROVAL - ADOPTED WITH CHANGE <. Greg Mihalic, Affordable Housing Director, stated that Staff is requesting adoption of an Emergency Ordinance because the County will lose SHIP funding if the Affordable Housing Incentive Plan is not sub- mitted to the State within the next week. Commissioner Saunders moved, seconded by Commissioner Volpe and carried unanimously, that an emergency be declared for purposes of adopting an ordinance. In response to Commissioner Constantine, Assistant County Manager Hatgert informed the Board that there are no public speakers on this item. Mr. Mihalic stated that the SHIP Advisory Committee is required by State Statute 420.9076 to review established policies and proce- dures and make recommendations to the Board of County Commissioners regarding specific initiatives to encourage or facilitate affordable housing. He ~ndicated that the Board of County Commiss~oners is not Page 8 June 14, 1994 required to take action on the recommendations at this tJme and changes per direction of the Board will be made and presented for adoption at a later date. Mr. Mihalic pointed out that the expediting of permits and the procedures and ordinances on the cost of affordable housing are two (2) areas which statutorally must be addressed by the Board but there is no time frame involved. Commissioner Matthews stated that she needs assurance that if approval is granted today that the Board is not arbitrarily accepting all the recommendations. Mr. Mihalio indicated that approval today is not accepting the recommendations. Commissioner Volpe stated that one (1) of the recommendations addresses reservation of infrastructure for very low income persons and there are no provisions in County ordinances addressing the issue. He indicated that he is not necessarily supportive of that reser- vation and would like to discuss the issue further before making any commitment. Gommissioner Volpe stated that he is not supportive of the reduc- tion in parking and setback requirements because the County has tried to keep affordable housing projects compatible with surrounding neighborhoods which will become more difficult if this type deviation is allowed. Mr. Mihalic explained that the deviations will be accomplished on an individual basis by variances and is only a recommendation by the SHIP Advisory Committee. Commissioner Volpe pointed out that the draft ordinance indicates that the Board is accepting the recommendations of the SHIP Advisory Committee and this needs to be clarified. Commissioner Matthews also questioned the reduction in parking and setback requirement recommendation because allowing elimination of striping of general parking areas over five (5) spaces may place liability on the County. Page 9 June 14, 1994 Mr. Mihalic reiterated that acceptance and submittal to the State of the plan does not mean that the commission agrees to the recommen- dations or that the recommendations will be implemented. In response to Commissioner Saunders, Heidi Ashton, Aesistant County Attorney, replied that the incentives are Just recommendations that the County will pursue in Implementing an affordable housing plan through future ordinances. County Attorney Cuyler pointed out that explanatory language can be included in the ordinance indicating that the purpose of adopting the ordinance is to satisfy submittal requirements of the State and the recommendations will not necessarily be implemented in the form presented. In response to Commfsstoner Volpe, Mr. Mihaltc stated that the County receives approximately $340,000 in SHIP funds presently and to continue to receive the funds, the County must submit the Initiatives. The following persons spoke on this item: Greg Lessard Jane Varner George Flagler Commissioner Saunders moved, seconded by Commissioner Matthews ~nd carried unanimously, that Emergency Ordinance 94-31 be adopted and entered into Ordinance Book No. 66 ~d that Resolution 94-418 be adopted, with additional language stating "Specific recommendations contained within the Plan are subject to approval by the Board of Count-F Commissioners after appropriate public hearings." to be inserted after the first sentence of Section 2 of the ordinance and in ' Section i of the resolution. Page lO June 14, 1994 REPORT ON THE RESULTS AND RECOMMENDATIONS OF THE COUNTY-WIDE TRAFFIC SIGNAL WARRANT STUDIES AND AUTHORIZE RECOMMENDED INTERSECTION IMPROVEMENTS - RECOMMENDED TRAFFIC SIGNALIZATION TO BE INCLUDED IN THE FY 9%-95 BUDGET PROCESS Transportation Services Administrator Archibald stated that this item is the annual report to the Board of County Commissioners on the analysis by Staff of over 36 intersections throughout Collier County. Mr. Archibald indicated that the studies were conducted to deter- mine the satisfaction of applicable Federal, State and County warrants for the installation of traffic signal systems and address primarily the side street volume of ~raffic, accidents, school crossings, and traffic delays. Mr. Archibald stated that three {3) categories of recommendations have been established with Section A representing a listing of inter- sections which qualify for some type of signal system. Mr. Archibald explained that at S.R. 90 {U.S. 41) and Guilford Road, a signal is included in the Florida Department of Transportation (FDOT) six (6) laning project scheduled for FY 98. He stated that as an interim measure, Staff recommends continued monitoring of the intersection and continued work with the FDOT for directional median control at a minimal cost of approximately $800. Mr. Archibald stated that Staff is recommending signal installa- tion at the intersection of S.R. 90 (U.S. 41) and Broward Street subject to FDOT participation .and/or funding agreement at a cost of approximately $100.000. He explained that this Intersection is the eastern thoroughfare through Naples Manor and the access for bus traf- fic between U.S. 41 and Lely High School. Mr. Archibald indicated that Staff is recommending school signal installation at G.R. 886 (Golden Gate Parkway) at 50th Street which will operate during school hours. Mr. Archibald stated that Staff is not recommending signal installations at the intersection of C.R. 896 (Pine Ridge Road) at Yahl Street but suggests directional median control restricting south- Page 11 June 14, 1994 bound left turn movements at a minimum cost of approximately $500. He pointed out that Shirley Street is west of the subject intersection with an existing signal and protected turning lane. Mr. Archibald explained that the intersection of O.R. 3! (Airport Road at C.R. 861 (Vanderbilt Beach Road) requires signal installation at a cost of $80,000. He stated that the intersection at Airport Road and Orange Blossom Road also warrants a s~gnal but Staff is not recom- mending installation at this time because Vanderbilt Beach Road will extend to U.S. 41 eventually which may create gaps at Orange Blossom and may reroute current collector road traffic at Orange Blossom in the future. Mr. Archibald stated that continued monitoring and stu- dies will be required at Orange Blossom after installation of the signal at Vanderbilt Beach Road. In response to Commissioner Matthews, Mr. Archibald stated that the distance between Vanderbilt Beach Road and Orange Blossom Road is approximately one (1) mile. Comm~ssioner Volpe indicated that a signal at Orange Blossom Road makes more sense because there is a full intersection at that location and only left or right turns are available at Vanderbilt Beach Road until connected with U.S. 41, which will be a number of years. Mr. Archibald explained that $80,000 will be spent for a very short impact on the road system if a signal is installed at Orange Blossom Road but the traffic count is increasing at Vanderbilt Beach Road and has the same accident count as occurs at Orange Blossom Road. In response to Commissioner Volpe, Mr. Archibald replied that the six (6) laning of Airport Road at the intersection of Orange Blossom Road is outside the five (5) year plan. Commissioner Volpe questioned why developer participation in the signaltzation at Vanderbilt Beach Road is an issue not being addressed now and whether Staff anticipates having traffic signals at both intersections at Vanderbilt Beach Road and Orange Blossom Road Airport Road? Mr. Archibald explained that the installation of the traffic Page 12 June 14, 1994 signal at Vanderbilt Beach Road will be undertaken in FY 94/95 if approved by the Board of County Commissioners and developer partici- pation will be addressed at the appropriate time. Mr. Archibald stated that hopefully traffic stgnals will not be necessary at both tntersectlons. He pointed out that traffic and accident counts indicate that a signal is needed most at Vanderbilt Beach Road. Mr. Archibald Indicated that signal installation is recommended at C.R. 896 (Pine Ridge Road) at S.R. 94 (I-75) and Staff is working on an agreement with the FDOT for the design work for the interchange but funding is not available in the State budget for FY 94-95. He explained that Staff is requesting that the FDOT complete the design and a two (2) party agreement be executed by the County and the State wherein the County will undertake the installation of the traffic signal as soon as possible, early 1995, and the FDOT will reimburse the County in late 1995. Mr. Archibald stated that the two (2) party agreement will be brought to the Board for approval after the design work is completed by the FDOT. He remarked that the estimated cost for the Pine Ridge Road and 1-75 signal installation is $1000000. Commissioner Matthews stated that Staff has listed the signal for Airport Road at the Naples Bath & Tennis Glub as recommended subject to funding from private parties, FDOT approval, and concurrent road activity. She questioned if the Naples Bath & Tennis Club is still willing to fund the traffic signal installation? Mr. Archibald stated that Staff expects the development community or property owners association to assist in funding. He indicated that all the Associations have been contacted and some have voiced opposition to assisting in the funding but the Board has a choice in those cases to proceed with the installation of a signal or create median access controls to eliminate the side street left turn and allow for the directional left from the main thoroughfare only. Mr. Archibald explained that Staff is proceeding with the concept of installing signals at locations along Airport Road as part of the six Page 13 June 14, 1994 (6) laning because the six laning will result in a small median area. Commissioner Norris pointed out that the signal at S.R. 90 (U.S. 41) at St. Andrews Boulevard was requested by the citizens in the area and questioned when installation might take place? Mr. Archibald explained that the the intersection at U.S. 41 and St. Andrews Boulevard does not meet warrants for signal installation but possible changes in traffic patterns may occur due to the new school access and the intersection will continue to be monitored. He indicated that a pattern should be established by the end of 1994 and the peak traffic information will be submitted to the FDOT in early 1995. In response to Commissioner Volpe, Mr. Archibald informed that the four (4) lantng of Rattlesnake Hammock Road will probably occur in 1997 and will dictate some change in the circulation patterns. He indicated that the Santa Barbara Boulevard at Green Boulevard will be a major Intersection but the only concern at this point is the south bound left. Mr. Archibald stated that the predominant movement on Green Boulevard will be a west bound right once the four (4) laning occurs which will not justify a signal. Mr. Archibald explained that a south bound left on Santa Barbara Boulevard is a concern of Staff and monitoring will continue at the intersection after construction. Mr. Archibald stated that Staff is requesting authorization to include the signal work as part of the FY 94-95 budget. Commissioner Matthews indicated that Staff is also requesting authorizing to enter into an interl0cal agreement with the FDOT for reimbursement of applicable costs. Mr. Archibald pointed out that Staff foresees the County cooperating with the City of Naples and the School Board in the installation of the school crossing at Pine Ridge Road, opposite Kensington Park, with the developer also sharing in the cost. He explained that the County should consider a 50/50 Joint funding with the School Board, approximately $30,000 per party involved, on the new school site located on the East Tamiami Trail with the School Board Page 14 June 14, 1994 constructing the entrance road and all relative roadwork. Commissioner Volpe questioned why a similar participation is not being recommended at Broward Street and U.S. 41 because the primary reason is to accommodate bus traffic to Lely High School? Mr. Archibald indicated that State funding may be available at that intersection and will be pursued prior to requesting local funding. Commissioner Matthews moved, seconded by Commissioner Saunders and carried unanimously, that Staff include the si~nal report in the FY 94-95 budget request and authorize the Administrator of Tran~portation Services to enter into an agreement with the FDOT for reimburse~ent of applicable costs. (2906) Item ,8C1 CONSIDERATION OF OPTIONS REGARDING THE EXPANSION OF THE EAST NAPLES BRANCH LIBRARY - STAFF TO NEGOTIATE WITH PROPERTY OWNERS OF ST. ANDREW~ SHOPPING CENTER FOR LEASE/OPTION AND/OR OUTRIGHT PURCHASE AND TO NEGOTIATE A PARKING AGREEMENT AS SOON AS POSSIBLE Tom Olliff, Public Services Administrator, stated that the Board of County Commissioners is requested to consider options for the expansion of the East Naples Branch Library. He indicated that six (6) library facilities exist in Collier County with two (2) having already been expanded and the new additional at the Collier North library scheduled to open June 20, 1994. Mr. Olliff stated that the Growth Management Plan outlines an improvement schedule for the remaining three (3) libraries as Marco Island, Immokalee and East Naples, respectively, but the schedule was based on date of original construction. Mr. Olliff explained that three (3) options are presented for consideration with Option #1 being internal expansion wherein existing space within the library, i.e. meeting rooms, public computer room, is converted into traditional library shelf space. He indicated that the children room will be relocated to the new space and the existing children room converted into additional adult shelf space, allowing for a 1,000 square foot expansion utilizing the existing building. Page 15 June 14, 1994 Mr. 011iff pointed out that only 37 parking spaces exist but overflow parking usually is only an issue when the meeting room is being utilized. Mr. 011iff stated that Option #2 is the purchase of a portion of the adjacent shopping center, St. Andrew's Square, which has between 12,000 and 14,000 square feet vacant and available for purchase or lease. He explained that the price for purchase is between $700,000 and $1,000,000 but funding is not available because the County borrowed against impact fees for a period of two and one half years to accelerate construction of the Golden Gate Estates branch library. Mr. Olliff stated that Option #3 is construction of a new branch at the County's Manarea Road site where two (2) schools are presently under construction. He indicated that the County plans to develop a Joint park in conjunction with the School Board athletic facilities on the adjacent 60 acres which the County owns. Mr. Olliff explained that the idea of a park/community center with a new library has been discussed wherein a number of public uses at one location would be available to the community. Mr. Olliff remarked that the Library Advisory Board reviewed the options and recommends that the Board of County Commissioners consider the combination of Options #1 and #3. Mr. Olliff explained that Option #2 is a good choice also but would require either finding a funding source or commit impact fees for an additional four to five (4-5) years. In response to Commissioner Matthews, Mr. Olliff stated that use statistics indicate that the East Naples branch library is number four (4) out of six (6) with the top three (3) most used libraries havinG already been expanded. Mr. Olliff explained that the Marco Island branch library was placed ahead of the East Naples branch due to structural problems which could be corrected during expansion and statistics indicate that the two (2) branches are very close in utilization. Page June 14, 1994 Commissioner Volpe suggested that Staff investigate a lease/option with the owners of St. Andrew's Shopping Center. He explained that his reservation with Option #3 is that most schools have libraries and rather than the County constructing a free standing library, the opportunity exists to working with the School Board to Joint venture a project with public access. Mr. Olliff stated that a Joint library project is being investi- gated in Everglades City in conjunction with the planned major school renovations. Mr. 011iff indicated that public opposition has been expressed to having to enter a school campus during school hours to access a public library. Commissioner Norris stated that construction costs at the Golden Gate Estate library is $100 per square foot with the land donated and considerable savings can be realized if the County can purchase a sec- tion of the adjacent vacant shopping center at a lesser square foot price. Tape Commissioner Saunders stated that he agrees with pursuing an agreement with the adjacent shopping center for space and pointed out that the Manatee Road location is too far away. He questioned why the Library Advisory Board recommended Option #3? Sydney Mellinger, Library Advisory Board, stated that the recom- mendation to utilize a combination of Option #1 and #3 was based on the dollars involved in Option #2. In response to Commissioner Saunders, Ms. Mellinger indicated that notwithstanding the money issue, any provision that will provide the necessary space, materials and staff for the residents of the com- munity should be moved on immediately. She expressed that expansion of the existing library is fine as long as the Board of County Commissioners can find a revenue source without obligating additional library impact fees. Commissioner Matthews indicated that a lease agreement for a Page l? June 14, 1994 couple of years with an option to purchase, along with the internal improvements to the existing site, would provide the library space needed while maintaining the existing meeting room. She stated that the Manatee Road property would be an excellent site for the next library as the south portion of the County grows. The following persons spoke on this item: Victor Bouse Sydney Mellinger William Proteet, Jr. Dudley Chism Ken Weiner Co~tssioner Norris moved, seconded by Commissioner Volpe to direct Staff to negotiate with the property owners of the St. Andrew's Square for a lease with option to purchase and outright purchase of space, to include a new parking agreement and to report back to the Board of County Commissioners as soon as possible. Commissioner Saunders requested that the Library Advisory Board be included in the negotiations. Oow=issioner Norris amended his motion and Commissioner Volpe amended his second to include the Library Advisory Board in the nego- tiation process. Upon call for the question, the motion carried unanimously. m.$ Recessed: 10:§0 A.M. - Reconvened: 11:05 A.M. at which time Deputy Clerk Barbiretti replaced Deputy Clerk Fernle¥ Item ~8C2 INTERLOCAL AGP~EENENT WITH THE CITY OF NAPLES TO FUND THE DESIGN AND ENGINEERING OF A PORTION OF THE GORDON RIVER GREENWAY PROJECT, AIrrI~ORIZE THE GRANT OF THESE FUNDS TITROUGH THE CITY OF NAPLES TO THE SOIrrHNEST FLORIDA LAND PRESERVATION TRUST TO MANAGE THE CONTRACT FOR THESE SERVICES - APPROVED Public Services Administrator Olliff recalled that at the last City/County meeting a presentation was made by the Southwest Florida Land Preservation Trust. He said that the direction at the conclusion of the meeting was that Staff was to work with the City and the Trust in an effort to develop an agreement that would provide funding for the design and engineering purposes of the Greenway Project. He reported that an agreement had been developed and distributed to the Board of County Commissioners. He said that the City and County will Page 18 June 14, 1994 provide an amount not to exceed $25,000.00 toward this project. He said that the Trust will prepare and distribute an RFP for architec- tural engineerinG services. He stated that once the proposals are received, the committee will review them. He stated that the City and County Staff's will then revlew the proposals and determine which ser- vices they can provide In-house so that they may be able to reduce their $25,000.00 cash contribution. He stated that the County contri- bution will be provided to the City because they have a mechanism where the City can let the Trust execute and manage the contract. Mr. Olliff sa~d that the agreement has been reviewed by the County Attorney. He requested that the County Attorney's office be authorized to make minor language changes that will not effect how the agreement functions. Public Services Administrator Olliff pointed out that none of the easements are in hand. He said that the Trust Indicates that they have verbal commitments from the majority of the property owners that they will provide the easements. He stated that there is a certain amount of risk involved because the easements are not in hand. Commissioner Volpe stated that he is supportive of this approach. He asked how the City of Naples was determined to be the lead agency in this project? He asked why the Trust was developinG and adver- tising the RFP? Mr. Olliff replied that the City is the entity that will process the payments because they have gone through a Grant type process before. He said that the RFP was structured that way because the County has certain statutory requirements that involve a longer lead time and advertising process. Attorney Kathleen Passtdomo, representing the Land Trust, stated that one of the values of the Trust developing the RFP is that they are providing the expertise at no cost to the County. Mr. Olliff stated that the RFP is basically completed and ready to be advertised. In response to Commissioner Volpe, Ms. Passidomo stated that the Page 19 June 14, 1994 contract for the actual work to be done will be between the Trust and the selected firm to avoid creating another entity between the City and the County and a third party. Ms. Passidomo stated that the Trust has verbal commitments from the property owners along the easement area. She confirmed that writ- ten agreements will be s~gned w~th the property owners before the contracts are s~gned. Co~miseloner Saunders moved, seconded by Commissioner Norris and carriedunanAmously, to approve the Interlocal Agreement. Page 20 June 14, 1994 Itn #8H1 CONSIDERATION REHEARING FOR MARCO ISLAND CABLE'S FRANCHISE APPLICATION - DENIED Jennifer Edwards, Assistant to the County Manager, stated that Colony Cablevision has met the County Ordinance time frame require- ments for requesting a reheating regarding the Marco Island Cable Franchise. She said that at the time of preparation of the Executive Summary there was no new information submitted by Colony or their attorney. She stated that she received information this morning from Colony's attorney. She reported that she reviewed the information and confirmed that no new information was provided. She stated that Staff recommends denial based upon the lack of new Information. In answer to Commissioner Norris, County Attorney Cuyler stated that if a reheating ts held and decided with the same conclusion, the petitioner would still have the opportunity to appeal to the court system. Attorney Dudley Goodlette, representing Colony Cablevision, stated that the franchise Ordinance requires a request for a reheating in order to preserve the right, as a party that was affected by the deci- sion, and this is a procedural step that must be pursued. He presented the Board with a written outline of his comments. In response to Commissioner Volpe, Assistant County Attorney Ashton replied that she reviewed the Information submitted by Colony and it appears that no additional factual or legal information was provided. Willtam Gaston, President of Marco Island Cable, stated that he had no comment at this time. Contsstoner Norris moved, seconded by Commissioner Volpe, not to re-hear the case for the Marco Island Cable Franchise application. Upon call for the question, the motion carried unanimously. (1092) Item #lOB I~ECON$IDERATION OF THE ISTEA ENHANCEMENT GRANT APPLICATION FOR THE · ~FERGLADES CORRIDOR - RECONSIDERATION TO BE HELD IN TWO WEEKS ,oo GC-O.,:: 63 Page 21 June 14, 1994 Commissioner Volpe stated that he has had discussions with representatives of Everglades City after the meeting of June ?, 1994, and is persuaded that the proposal is critical to the future of the community. He requested that the item be reconsidered by the Board. In response to Commissioner Constantine, Commissioner Volpe stated that Jeff Perry, Chief Transportation Planner, has contacted the State and was assured that the date would remain open. He said if the application is approved, there would be time to get the application in. Commissioner Constantine stated that although he believes this is an appropriate project, he is concerned about committing funds without knowing where the funds are coming from. Commissioner Volpe stated that in the past if a project is found to be worthwhile, the Board can be innovative in obtaining funds. He pointed out that in this instance, there is an opportunity to work on the funding in the next year. Commissioner Matthews stated that one of the items on today's agenda is in regard to a Budget Amendment where the Board Is moving eight million dollars out of the 93/94 budget into reserves. She suggested that the Board could find another $23,000.00 in the reser- ve fund. Commissioner Volpe commented that tn the discussions that have ensued, some open items have been addressed by the City of Everglades. Commissioner Saunders stated that not approving this project would be an Irresponsible act because of the 90% Federal funding. In response to Commissioner Saunders, County Attorney Cuyler stated that a motion may be made by anyone who voted in the majority, the motion must be seconded, and if approved with a majority, this item would be placed on the agenda in two weeks. He confirmed that he has discussed this with Mr. Perry and is assured that the State will wait the two weeks, and if at that time it is approved, the applica- tion will be appropriately submitted. Co~milsioner Volpe moved, seconded by Commissioner Matthews and Page 22 June 14, 1994 carried unanimously, that the Board reconsider the ISTEA Enhancement Grant Application for the Everglades Corridor Management Plan. Upon call for the question, the motion carried unanimously. Mr. Perry clarified that he will submit an unsigned application to the State for their review. He said that upon approval, a signed application will be Federal Expressed to the State. Commissioner Matthews referred to the Ordinance that will place this Item on the agenda for June 28, 1994. She asked if it would be possible to declare this item an emergency and amend the Ordinance so that tt can be heard more quickly? County Attorney Cuyler stated that option is available. He said with the option provided by Mr. Perry it seems that will be resolved. County Attorney Cuyler agreed to review the Reconsideration Ordinance and present suggestions to the Board. (1430} Item #8H2 BCC AUTHORIZED TO BECOME A CORPORATE MEMBER OF THE COLLIER COUNTY RURAL HEALTH NETWORK - APPROVED County Manager Dotrill stated that as part of the ~oint par- ticipation with other entities in Immokalee, there is a process or group that is termed Rural Health Network which includes Naples Community Hospital, Collier Health Services, Inc. and Collier County E.M.S. System as a pre-hospital provider. He explained that in order to be grant el~glble the Rural Health Network intends to form a not for profit corporation which will not have any assets but enable the County to apply for grant funding. In response to Commissioner Constantine, Mr. Dotrill replied that there will be no cost to the County. Edgardo Teniero, Executive Director of the Collier County Rural Health Network, confirmed that no funding commitments are being requested. Co~tsstoner Norris moved, seconded by Commissioner Volpa to authorize the Board of County Comm~ssioners to become a corporate member of the Collier County Rural Health Network. Page 23 June 34, 1994 In response to Commissioner Volpe, County Manager Dorrill stated that the Collier County E.M.S. Director will serve as the designated representative to the Collier County Rural Health Network. In response to Commissioner Volpe, Mr. Teniero confirmed that Naples Community Hospital, Isabel Collier Read Immokalee Health Park, Collier Health Services, the Collier County Public Health Unit and the Collier County Government will serve on the Board of Directors. Upon call for the question, the motion carried unanimously. (~0) Item #8H3 RHQUKST TO ~NTKR INTO NEGOTIATIONS WITH THE SHKRIFFtS DEPARTMENT RE UTILIZATION OF P~ISONER LABOR ON PROJEOTS IDENTIFIED BY THE BOO - STAFF DIRECTED TO ENTER INT0 NEGOTIATIONS County Manager Dorrill stated that Chapter 925 of Florida Statutes has been amended and in addition there are administrative rules as to how County Commissions can work and assign projects for those individuals that have been incarcerated. He said that this is not intended to replace or phase out existing County work staff, but rather to supplement existing work staff. He said that this will not detract from the Adopt-A-Road Program or Adopt-A-Park Program. Mr. Dotrill stated that labor would be provided for street cleaning, median maintenance, canal clearing, exotic tree removal at County parks and along drainage easements, light Janitorial/ground maintenance at County owned buildings or park sites. County Manager Dotrill stated that the majority of people in Jail are charged felons who are awaiting trial. He said that there is no mechanism to require those individuals to work on County work crews. He said that there is a mechanism to work misdemeanors who fall to bond out of Jail and people who are post trail and serving a year or year and one half at the County Jail. County Manager Dotrill asked if the Board is interested in pursuing negotiations with the Sheriff to define the cost to have armed supervision for expanded crews. Commissioner Saunders stated that after reading a letter from Page 24 June 14, 1994 Sheriff Hunter, violent offenders, sex offenders and drug offenders are not eligible for this program. Lt. Greg Smith, Acting Jail Administrator, stated that the Sheriff's Office agrees with Mr. Dorrill's request in principle, and noted there are problems that must be overcome. He said that the Statute states that no one can be compelled to work without their con- sent while they are awaiting trail, therefore, the number of the work- force will be limited to only those who are willing to participate ~n the program. Lt. Smith stated that the proposed program would not provide a reliable work force, however, the potential does exist to staff them. Commissioner Volpe asked whether this program would create work for the Sheriff's Office? Lt. Smith replied that the program will create work for the Sherlff's Office along with staff positions to facilitate the program. He stated that it must be determined if the benefit derived by the County will offset the cost to the Sheriff's Office. The following people spoke on the subject: Bob Krasowski Jane Varner John Keschl In response to comments made by Ms. Varner, Commissioner Norris reiterated that it is not the County government's function to provide ~obs. He said that the County government function is to provide ser- vices at the the most efficient cost possible. He said that this is not forced labor. Com~issioner Norris moved, seconded by Commissioner Saunders, to have Staff enter into negotiations with the Sheriff'e Department. Upon call for the question, the motion carried unanimously. (2424) CONSIDERATION OF ADVERTISEMENT AND PUBLIC HEARING OF A DRAFT ORDINANCE FROVIDINQ FOR REMOVAL OF THE COUNTY NAME FROM MOTOR VEHICLE LICENSE PLATES SOLD IN COLLIER COUNTY - ORDINANCE WILL NOT BE CONSIDERED Assistant County Attorney Weige! stated that the Tax Collector received a letter from Motor Vehicles, informing that legislation Page 25 June 14, 1994 has been enacted providing for removal of the county name from motor vehicle license plate and the inclusion of the words "Sunshine State". Commissioner Constantine asked the Board members tf is any interest in this Ordinance7 Commissioner Matthews asked what public benefit would be derived? Assistant County Attorney Weigel stated that the public benefit is discretionary. He pointed out that there would be no cost change. Commissioner Volpe stated that he has no interest in pursuing this matter. George Flagler spoke on the subject. Couissioner Volpe moved, seconded by Comm~ssioner Matthews, that the Board of County Commissioners not consider directing and adver- tising an Ordinance that would allow for the removal of Collier County from l~cense plates being sold within the County. Upon call for the question, the motion carried unanimously. Recessed: 12:00 P.M. - Reconvened: 1:20 P.M. (2S30) Item #9B RESOLUTION 94-419 RE NON-BINDING RESOLUTION ENCOURAGING THE PLAINTIFFS AND THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE FLORIDA DEPARTMENT OF NATURAL RESOURCES, NOW KNOWN AS THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, TO SETTLE THE MATTER OF JOSEPH L. ABBOTT, ET AL. V. DEPARTMENT OF NATURAL RESOURCES, ET AL., CASE NO. 88-3369-CA-01, AND JAM~S C. ABBEY, ET AL. V. DEPARTMENT OF NATURAL RESOURCES, ET AL., CASE NO. 92-296-CiV-FTM-25-D - ADOPTED Assistant County Attorney Bryant stated that th~s item deals with a non-binding resolution regarding the settlement of a lawsuit that the County is involved in, He sa~d that the pla~ntiff has requested that the Board execute th~s non-binding resolution encouraging the Florida Department of Transportation (FDOT) and Florida Department of Environmental Protection (FDEP) to enter into a resolution in the matter of Abbott and Abbey. He stated that a number of pla~ntiffs have sued the County claiming that their property had been taken by inverse condemnation. He reported that the plaintiff has aQreed that if the Board executed this resolution encouraging the parties to Page 26 June 14, 1994 settle at a fair price, they will dismiss the County out of the flooding count in both Abbott and Abbey. He said the County will still be in the lawsuit regarding the inverse lane. He stated that the County Attorney's office had attempted to have the plaintiff dismiss the County out of the entire lawsuit, but they refused. Assistant County Attorney Bryant stated that the County will forego the expense of acquiring experts in the area of flooding to defend the County regarding these claims. He said the County will no longer have exposure for the claim if a Jury trail is necessary. In response to Commissioner Matthews, Mr. Bryant replied that this action will further the settlement agreement by urging the parties to settle these issues so that the DEP can buy the remaining properties. Commissioner Matthews commented that southern Golden Gate Estates has been on the acquisition list since 1986. She stated that to date the State has only acquired 9,000 acres. County Attorney Cuyler pointed out that the Plaintiffs are requesting the Resolution, not the State agencies. Co~Bmioner VolDe moved, seconded by Co~ua~ssioner NorrAs and carried unanimously, that Resolution 94-419 be adopted, encouraging the Florida Department of Transportation and Florida Department of Environmental Protection to enter into a settlement agreement with the partAeB of Lawsuit Case Nos. 8-3369-CA-01 and 92-296-CIV-FT~-25-D. Page 27 June 14, 1994 Ztem ~ESOLUTION 94-420, ACCEPTING THE PROPOSED SETTLEMENT NEGOTIATED BETWEEN COUNSEL FOR THE PLAINTIFF AND THE COUNTY ATTORNEY'S OFFICE AND AUTHORIZING THE COUITTY ATTORNEY'S OFFICE TO EXECUTE THE SETTLEMENT AGREEMENT BETWEEN T~E PARTIES IN THE MATTER OF THE GLADES, INC. V. COLLIE~ COUNTY, CASE NO. 90-101-CIV-FTM-25-D AND THE GLADES, INC. V. JOHN WILVER, CASE NO. 92-106-CIV-FTM-15(D) - ADOPTED Assistant County Attorney Bryant stated that this is another settlement matter dealing with two older cases where the County and a former County employee were sued by the Glades, Inc. regarding a sign to be added to the Winterpark sign. He said that the County resisted the law suit, however, the Court of Appeals disagreed with that and found in favor of the Glades, Inc. He said that he evaluated the case regarding legal fees for both the County and the Plaintiff. He said that the County Attorney's Office met with counsel for the Plaintiff and they have agreed to dismiss their cases in return for $7,500.00 in attorney fees and the processing of their application for the sign. He said that the Plaintiff has spent over $20,000.00 in attorney fees. He said that the County would save a substantial amount of money. Assistant County Attorney Bryant stated that it is Staff's recom- mendation to approve the application, authorize the County Attorney's office to execute the settlement agreement with Plaintiff's Counsel and approve the $7,500.00 in Attorney fees. Con/sstoner Norris moved, seconded by Commissioner Volpe and carrie~ unanimously, that Staff recommendation be approved, thereby adopting Reaolution 94-420. 73' Page 28 June 14, 1994 '(2927) Itu#10A EXTRA GAIN TIME FOR INMATE NOS. 42738 AND 54526 - APPROVED Administrative Assistant to the Board Ft]son requested approval of Extra Gain Time for Inmate Nos. 42738 and 54526. Contestsnet Saunders moved, seconded by Couisstoner Matthews to approve the Extra Gain Time for Inmate Nos. 42?38 and 54526. Upon c&ll for the question, the motion carried 4/1 (Commtss~oner Constantine opposed). (2972) Itel #10C STATUS OF THE DEVELOPMENT SERVICES ADMINISTRATOR'S POSITION - RICHARD CLARK APPOINTED AS INTERIM COMMUNITY DEVELOPMENT SERVICES ADMINISTRATOR FOR 18 MONTHS AT WHICH TIME A FORMAL REVIEW WILL BE DONE County Manager Dotrill recalled that he had developed a screening committee consisting of representatives from the Development Services Advisory Board. He remarked on the addition of Ms. Chris Straton to the screening committee. He reported that the screening committee produced a short list of seven candidates and a short short list of five candidates, including two internal candidates: Mr. Clark, Acting Development Services Administrator and Mr. Nino, Planner. He said that the other candidates in the order of perceived ranking are Mr. Cautero, Community Development Administrator for Citrus County, Florida; a female candidate, Ms. Bernstein, who most recently was the Marion County Community Development Services Admin~strator; Mr. Gerilleo, from Portland, Oregon; and Mr. Hohl, who is a City Administrator in St. Petersburg, Florida. He said that the final can- didate is from Virginia. County Manager Dorrill stated that the top three, external can- didates will be invited to the interviews which are scheduled at the end of the month, and they are Mr. Cautero, Ms. Bernstein and either Mr. Hohl or Mr. Gerilleo. Mr. Dotrill stated that the committee has done a fine Job. He said if the interviews are held before the end of the month, the Board Page 29 June ]4, 1994 may have an opportunity to act before summer recess. In response to Commissioner Volpe, Mr. Dotrill confirmed that he will conduct the interviews with the assistance of the Advisory Board Committee. Commissioner Volpe asked how much is budgeted for the purposes of brfngtng in external applicants? County Manager Dotrill stated that there ks no specific amount budgeted. He said those costs are typically against the cost center for the position. County Manager Dotrill stated that the total cost could be several thousand dollars. In response to Commissioner Constantine, County Manager Dotrill stated that If a nomination is confirmed before June 28, 1994, a can- didate in that position would typically give 60 days notice. Mr. Dotrill stated that if a nomination is confirmed after the summer recess, the starting date for the position could be October l, 1994. In response to Commissioner Norris, Mr. Dotrill replied that the cost of bringing in the five candidates could cost upwards of $5,000.00. Commissioner Saunders remarked that there is an emergency situation that would require the Board to make a selection prior to the summer recess. Mr. Dotrill stated that ~t would be difficult to arrange for the interviews before the end of the month. Commissioner Constantine stated that he is concerned about the length of time that it would take to fill this position. He said that he has received countless letters and telephone calls from a mix of residents, developers and employees supporting Mr. Clark. He stated that he is concerned about employee morale and service to the public. County Manager Dotrill stated that Mr. Clark has done a fine 3ob. Me stated that because of a previous discussion regarding the ~ob description, he believes that Mr. Clark's strength is in management Page 30 June 14, 1994 and leadership abAltties. Commissioner Constantine commented that in the past lave years the County has had three people with Master Degrees An planning, but they dad not have management skills which was apparent in the way the department was run. Commissioner Constantine saAd that he would lake to see Mr. Clark placed into the positAon on an interim basis for 12 or 18 months at the end of whAch tame the Board could review his progress. County Manager DorrAll stated that an AnterAm appoAntment would be at the discretion of the Board of County CommAssAoners. He stated that he is not in a position to nominate anyone today. He saAd that he is involved in the selection process that ts typAcally done. CommAssioner Constantine stated that permanence should be established. Commissioner Norrts stated that he agrees with Commissioner Constantine, but suggested that Mr. Clark be appoAnted permanent Director with a probationary period. County Manager Dotrill stated that Mr. Clark As now Acting Director and his role As All-defined. He said that InterAm Director would be a full appointment. Commissioner Constantine suggested that the appointment be con- tingent upon having a formal revAew at the end the 18 month period. CommAssAoner Matthews commented that the Board has been An a for- mal process for months. She said that the Board has less than 21 days to see the process end wAth a recommendation from the County Manager. She saAd she would l~ke to see the process proceed on the normal course that has been established for a number of years. TaB #3 Commissioner Volpe stated that it would take four months to have someone start in the position and two months getting involved in the process. He suggested that it would be January 1, 1995, before the department would have a positive direction. Commissioner Saunders commented that there are two candidates from Page June 14, 1994 within the organization that are being considered. He stated that he agrees with Commissioner Matthews in that a process is in place. He said that the process should be followed. Commissioner Constantine stated that the process has been "up in the air" for six months. He questioned whether the Board wanted to wait another six months. He said that he does not feel it is appropriate to have the department "up in the air" for twelve months. Commissioner Matthews said it is appropriate to follow the pro- cess. Commissioner Volpe asked if telephone interviews had been done? County Manager Dotrill stated that the Selection Committee has done a fine ~ob. He said that telephone interviews have been done, and the next step would be on-site interviews. Commissioner Constantine asked what is necessary to change Mr. Clark from Acting to Interim7 County Attorney Cuyler stated that Mr. Dotrill would have to make the recommendation for the hiring of an Division Administrator. He said that the Board of County Commissioners would have to confirm that recommendation. He said that it is necessary for Mr. Dotrill to reach his conclusion, place it on the agenda and have the Board of County Commissioners confirm that conclusion. County Manager Dotrill requested direction. He said that if the Board desires that he pursue an Interim Appointment in lieu of nomi- natinG someone, he would like to know today before he begins inter- viewing all of the candidates. He reiterated that he is not in the position to nominate anyone today. Co~lssioner Constantine moved, seconded by Commissioner Norris, that Mr. Clark be appointed Interim Community Development Ad~ainistrator for · period of 18 months. In response to Commissioner Volpe, County Manager Dotrill stated that there is no opportunity to treat an Interim or Acting Administrator any differently. He pointed out that a decision will have to be made at the conclusion of that period of time and he will Page 32 June 14, 1994 have to nominate the permanent appointment of Mr. Clark or explain why it is necessary to look for other candidates. In response to Commissioner Volpe, Mr. Dotrill replied that if a person is serving in an acting capacity for a short period of time that person is eligible for a 10% ~ncrease of that person's existing salary. He said that if someone is acting on a ~ntertm or permanent basis the person would come up to the entry level salary grade or 10~ higher than the existing salary. The following people spoke on the subject: Chris Straton Doug McGilvra In response to Commissioner Constantine, County Attorney Cuyler stated that the County is not legally obligated to follow through and interview candidates once a position is advertised. Commissioner Norris stated that six months ago the Development Services Division had obvious problems that needed to be changed. He said that the Division is running well at this t~me. Commissioner Constantine clarified that the motion is to appoint Mr. Clark as Interim Development Services Administrator for 18 months with a formal review at the end of the 18 month period and the County Manager could make his recommendation for a permanent placement. He stated that the Board could request the County Manager to review the position at any time sooner than that. Commissioner Matthews stated that she cannot support the motion. She stated that there is a process in place. She stated that the Board should follow that process. She said that by entertaining a motfort as stated, the Board is interfering with the responsibility of the County Administrator. Commissioner Saunders agreed with Commissioner Matthews. He said that he hoped that his failure to support the motion is not an ind~ca- tion of a lack of confidence in Mr. Clark. He said that the process outlined by County Manager Dotrill is the appropriate process. In response to Commissioner Constantine, Mr. Dotrill pointed out that this is an interim appointment and not a permanent appointment. Page 33 June 14, 1994 He said that he cannot nominate Mr. Clark today. U~on cal! for the question, the motion carrted 3/2 (Commissioner Sannde~ and Comm~ssion Matthews opposed). (7~o) Item #12B1 ORDINANCE 94-32 RE PETITION PUD-82-6(2), DWIGHT NADEAU OF MCANLY, ASHER & ASSOCIATES REPRESENTING GRANITE DEVELOPMENT LTD., FOR THE PURPOSE OF AMENDING THE SABAL LAKES PUD ORDINANCE NUMBER 82-41 AS AMENDED TO EFFECTUATE A REDUCTION TO THE REQUIRED FRONT YARD SETBACK OF 25 FEET TO 20 FEET, AND TO MAKE CERTAIN OTHER REVISIONS TO THE ORDINANCE AS A FUNCTION OF ALIGNING REFERENCES TO THOSE CURRENTLY IN USE IN THE LAND DEVELOPMENT CODE - ADOPTED Legal notice having been published in the Naples Daily News on May 25, 1994, as evidenced by Afffdavit of Publfcation filed with the Clerk, public hearing was opened. Planner Nino stated that this item is an application for amending the Sabal Lakes PUD. He stated that one development standard is amended, namely the current PUD requires a 25 foot setback and the th~s amendment seeks to reduce the setback to 20 feet. He said that typically in closed one access PUD's, the normal right-of-way is 50 feet. He said that this is an older PUD and the County was not as flexible as it is at this time. He said that this PUD was platted w~th 60 foot rights-of-way and depths of 100 feet which limit the por- tion of the lot that can be developed. Mr. N~no reported that the Collier County Planning Comm~ssion (CCPO) agreed that the reduction of the front yard setback is not a significant amendment. Planner Nino stated that whenever a PUD is amended, Staff attempts to bring ~t up to date with appropriate references to the Land Development Code (LDC). Planner Nino reported that the strike throughs included in the revised PUD are Staff generated and have been reviewed by the County Attorney's Office. In response to Commissioner Constantine, Planner Nlno stated that he has received no letters of objection to the petition. In response to Commissioner Volpe, Dwight Nadeau, representing the Page 34 June 14, 2994 petitioner, replied that Unit 1 of Sabal Lake has been approved and preliminarily accepted by the County. Me said that the construction plans for Unit 2 have been approved and is under construction at this time. In response to Commissioner Volpe, Mr. Nadeau confirmed that the setback for Unit 1 is 25 feet. He said that Block A of Unit 1 was platted with 110 foot deep lots. He stated that the problem with Unit 1, Block B is that the lots are platted at 100 feet deep. He said that the new developer has a constraint on development standards. He said that if the request for the setback is approved there will be no inconsistency in the view of the units. Commissioner Constantine closed the public hearing. In response to Commissioner Matthews, Planner Nlno stated that the 5 foot setback and housekeeping items are the only changes to the petition. Cow~issioner Volpe moved, seconded by Commissioner Norris, and carried unanimously, to approve Petition PUD-82-6(2), thereby adopting Ordinance 94-32, and entered into Ordinance Book 66. (943) Item ~12Cl RESOLUTION 94-421 RE PETITION CCSL-94-4, MR. ROBERT T. GRACEY OF MANAgemENT ~Y ASSOCIATION, INC. REPRESENTING SUNSET BAY CONDOMINIUM ASSOCIATION, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW THE NETAINMENT OF FILL PLACED ON THE PROPERTY OF SUNSET BAY CONDOMINIUM - ADOPTED Legal notice having been published in the Naples Daily News on May 29, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Stephen Lenberger, Environmental Specialist, stated that this item is a request for a variance to retain fill placed on the property of Sunset Bay Condom~nium. He said that the Homeowner's Association received a Notice of Violation by County Staff and Staff advised them to come in and request a variance. He said that the variance is con- sistent with the Land Development Code and Growth Management Plan. In response to Commissioner Matthews, Mr. Lenberger replied that Page 35 · the fill is not the result of construction. June 14, 1994 He explained that the fill was purchased to help the soil erosion that resulted from storms. Commissioner Matthews stated that the Condominium replaced the dune that was lost due to a storm. She questioned why the County required them to spend additional money to petition the Board. Commissioner Constantine closed the public hearing. Commissioner Norris moved, seconded by Commissioner Matthews to approve Petition CCSL-94-4 and return the variance fees to the peti- tioner. County Manager Dotrill pointed out that this is a permitted acti- vity. He said that anything that requires a permit for work is sub- Ject to fines and after the fact variance. At the request of Commissioner Saunders, Commissioner Norris withdrew his motion. Co~miaalonmr Norris moved to approve Petition CCSL-94-4, seconded by Commissioner Saunders. Commissioner Volpe asked if the petitioner went forward with reme- dial work without going through the proper process? Mr. Lenberger explained that the petitioner received a permit from the Department of Natural Resources and did not realize that he had to apply for a variance from the County. Mr. Mulhere stated that Staff has begun to review this section of the Land Development Code in the hope of facilitating a more expedient process. Commissioner Matthews commented that the residents of Southwest Florida are concerned with storm damage. Mr. Mulhere agreed that the issue must be revisited. Upon call for the question, the motion carried unanimously, thereby mdopting Resolution 94-421. Commissioner Norris remarked that he was unaware that the peti- tioner proceeded with the work before applying for a variance. He said that he did not think that the fee should be waived under this Page 36 June 14, 1994 condition. Commissioner Matthews stated that she did not agree. She said that there should be a change in the LDC. She said that if it is after the fact the fine is double. Co~mi~lonar Matthews moved, seconded by Commissioner Volpe, to return the initial variance fee of $425.00 to the petitioner. Upon call for the question, the motion failed 2/3 (Commissioner Constantine, Commissioner Norris and Commissioner Saunders opposed). Page 37 June 14, 1994 Item #12C2 BUDGET AX~END~EET RESOLUTIONS 94-12/15 AND 94-18/19 RE AMENT)t~ETS TO THE ~I$CAL YEAR 1993-94 ADOPTED BUDGET - ADOPTED Legal notice having been published in the Naples Daily News on June 8, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Michael SmykowskI, Acting Management and Budget Director, stated that the Executive Summary contains a set of Resolutions that amend the adopted Collier County Budget. He said that budget amendments that increase the total appropriations of a fund over the annual budget as adopted, may be approved by resolution of the Board of County Commissioners. In response to Commissioner Norris, Mr. Smykowski confirmed that there are a total of 29 budget amendments and each has been approved individually through presentation. Commissioner Constantine closed the public hearing. Commissioner Norris moved, seconded by Commissioner Saunders and cmrrted %%nan~mousl¥, that Budget Amendment Resolutions 94-12/15 and 94-18/19 be &dopted. Page 38 June 14, 1994 (1331) Item #12C3 RESOLUTION 94-422 RE PETITION AV-93-018 TO VACATE THREE TWELVE FOOT DRAINAGE EASEMENTS ON TRACT B-1 AS DESCRIBED ON THE PLAT OF BRIARWOOD UNIT ONE --ADOPTED AS AMENDED Legal notice having been published in the Naples Daily News on May 29, 1994, and June 5, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Russell Muller, Transportation Engineer, descr/bed the location of the property. He said that the petitioner would llke to re-position build/ngs. He stated that the petitioner has replated and dedicated new easements to replace the three that are requested to be vacated today. He reported that he has received no letters of ob~ection. Commissioner Constantine closed the public hearing. Com~tssJoner Volpe moved, seconded by Comm/ss/oner Norris, to approve Petit/on AV-93-018. Mr. Muller advised that the County Attorney's Office would like to revise the resolution to include the Dover Park reference to avoid any future title problems. Commissioner Volpe moved to /nclude the rev/s/on, seconded by Upon call for the quest/on, the motion carried unanimously, thereb~ &dopttng Resolution 94-422 as amended. NOTE: RESOLUTION NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF 8/]?/94 Page 39 Ire. ,13A1 June 14, 1994 RESOLUTION 94-423 1~ PETITION OSP-94-I, MARTIN PINKEY OF AMERICAN ENGINEERING CONSULTANTS, INC., REPRESENTING RSR LIMITED PARTNERSHIP ASHLAND COLD STORAGE CO., REQUESTING APPROVAL OF OFF-SITE PARKING ON LOT 2, BLOCK 4, OLD MARCO VILLAGE - ADOPTED Legal notice having been published in the Naples Daily News on May 29, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Robert Mulhere, Acting Current Planning Manager, stated that this is a request for off-site parking. He stated that there is already an off-site parking approval on Lots 2, 3, 4, 5 and 6 which is adjacent to the subject Lot 1. Mr. Mulhere described the location of the property. He stated that Staff has reviewed the Petition and found that it complies with the Land Development Code. He said that the CCPC recommends approval of the petition. Mr. Mulhere presented the Board with a copy of the Agreement Sheet. In response to Commissioner Volpe, Mr. Mulhere stated that this petition would benefit O'Shea's and any other commercial business that may be located on the property. He said that this wt11 increase their parking by 38 spaces. In response to Commissioner Volpe, Mr. Mulhere replied that the Lot will be paved, striped and the landscaping buffer will be enhanced at the request of the CCPC. Martin Pinkhey, representing the petitioner, stated that valet parking is currently being operated during the season. He said that valet parking would be required to achieve the total number of parking spaces that are permitted. In response to Commissioner Volpe, Mr. Mulhere explained that the requirement states that the offsite lot be operated in conjunction with valet services. He stated that ~n the event that valet services are not operated the total amount of parking is reduced. Commissioner Constantine closed the public hearing. Co-missioner Norris moved, seconded by Commissioner Saunders and COO. , 95 Page 40 June 14, 1994 carrted tmani~ousl¥, that Petition 0SP-94-! be approved, thereb~ adopting Resolution 94-423. Page 41 (173o) Item #13A2 June 14, 1994 RESOLUTION 94-424 RE PETITION CU-93-13, FRED RATHGEBER, REPRESENTING NAPLES BRIDGE CENTER, INC., REQUESTING CONDITIONAL USE "2" OF THE ESTATES ZONING DISTRICT FOR THE EXPANSION OF A SOCIAL ORGANIZATION FOR PROPERTY LOCATED ON THE NORTH SIDE OF GOLDEN GATE PARKWAY APPROXIMATELY 1/2 MILE EASE OF 1-75, CONSISTING OF 2.5~ ACRES - ADOPTED WITH STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY Legal notice having been published in the Naples Daily News on May 29, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. At this time Commissioner Constantine swore in all persons that will be testifying on this item. Planner Nino stated that a petition for the Naples Bridge Center was heard previously and denied. He said that the petitioner is now requesting to expand the facility by 1,050 square feet. Me said that the extension is an addition to the existing building parallel to Golden Gate Parkway. He stated that this expansion does not require that the parking lot be enlarged. In response to Commissioner Constantine, Mr. Nino stated that this request alleviates the concern of the neighboring property owners. Planner Nino stated that he has received no letters of ob3ectton. He reported that the CCPC recommends approval. He stated that the resolution contains stipulations that deal with appropriate turning movements; provisions for 40 feet of dedication in the event of street widening; and a number of standard stipulat~ons that apply to rezoning petitions. In response to Commissioner Matthews, Mr. Nino stated that the location of the Bridge Center is not consistent with the Golden Gate Master Plan. He said that the Golden Gate Master Plan and the Growth Management Plan provide that existing facilities are vested and are allowed to expand with Board approval. In response Commissioner Constantine, Mr. Nino replied that if this was a new facility Staff would have to recommend denial. Commissioner Volpe referred to the next to last paragraph of Page 2 of the Executive Summary. He suggested that the word "tenant" be Page 42 June 14, 1994 changed to "occupant". County Attorney Cuyler stated that he will change the language. Kfm Kobza, representing the petitioner, stated that this project is consistent with the Growth Management Plan and the Land Development Code. He said that all the neighbors that had written letters of objection to the first petition have been contacted and each is in support of the modified petition. He stated that this is a minimal expansion. Mr. Kobza noted that Stipulation I has been modified and Stipulation J deleted. He stated that based upon the Staff Report the petitioner is willing to agree to Owner/Occupied usage. Commissioner Volpe asked what was the source of the potable water? · es Del~utY Clerk Hoffman replaced Deputy Clerk Barbtretti at this time *.e In response to Commissioner Volpe, Planner Nino stated that he is not aware of a potable water line in front of the subject property. He remarked that staff certainly would encourage connecting to a potable water supply if it is available. Commissioner Vo]pe stated that this issue needs to be addressed because there are other uses within this area that wall want to have the availability of potable water rather than well water. Mr. Fred Rathgeber, Naples Bridge Center President, stated that the facility has one well and another well is required due to fire regulations. He advised that the facility desires direct access to potable water when it becomes available. Mr. Rathgeber affirmed, with regard to the water issue, that the Bridge Center is willing to participate at the same level as agreed to by other conditional uses in the area. There were no other speakers. Commissioner Constantine closed the public hearing. Co~a~issAoner Norris moved, seconded by Commissioner Volpe and carried unanl~ly, to approve Petition CU-93-13, subject to the Planning Co~mission's stipulations and the additional stipulation with reg&rd to water hook up, thereby, adopting Resolution g4-424. Page ~3 June 14, 1994 (23t5) Ite~ #23A3 PETITION SV-94-1, CARL SMITH, III, REQUESTING A 20 FOOT VARIANCE FROM THE REQUIRED ~5 FOOT SETBACK FROM THE COUNTY RIGHT-OF-WAY TO 5 F~ET FOR AN ON-PREMISES GROUND SIGN FOR THE MARCO ISLAND CHEVRON LOCATED ON THE SOUTHN~ST CORNER OF N. COLLIER BOULEVARD AND ELKCAM CIRCLE - DENIED Legal notice having been published in the Naples Daily News on May 8, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Nino advised that this petitioner is requesting a ten foot variance for a ground sign that would otherwise require a 15 foot setback. Mr. Nino reported that the Planning Commission took this matter ~nder advisement and recommends denial of the petition. Commissioner Norris remarked that this sign has been in place since 1979 and was blown down by Hurricane Andrew. He indicated that the petitioner is required to go through this process to replace the sign. Commissioner Saunders stated that the ordinances relating to non- conforming uses indicate that the signs may not be replaced once they are totally destroyed or destroyed by more than 50% of their value. He explained that the reason for this is that over a period of time the non-conforming signs or those non-conforming uses will be elimi- nated. Mr. Carl Smith, Owner of Marco Island Chevron, cited that Signcraft installed the original sign in 1979 and replaced the sign that was destroyed by Hurricane Andrew. He advised that the sign did change somewhat in color, but was placed at the same location as it previously was erected. He noted that this is a 4' x 6' sign and is located approximately 24' from the edge of the road. Mr. Smith stated that the sign,. for the past 14 years, has served a purpose for the public good, noting that people identify with a car rental sign when they come to a resort island. Mr. Smith reported that his livelihood will be greatly affected if Page 44 the si~ cannot be replaced. June 14, 1994 In addition, he stated that he will have to lay off one of his employees due to the negative impact resulting from same. Mr. Smith advised that he provides in excess of $10,000 in surcharge taxes from the rental of these cars per year and $12,000 per year in County option taxes. Commissioner Constantine remarked that he believes the sign has been serving the heavy seasonal population on Marco Island for the past 15 years. He said that the sign has been a landmark and noted he is comfortable with the petition. Gommisstoner Saunders questioned whether there is any location on the site that the sign could be placed in order for it to be con- forming. Mr. Nino advised if the sign is moved back 15 feet, it would be on pavement. He explained that the ordinance permits one pole sign or two ground signs but does not permit a pole sign and a ground sign. He divulged that in either event, the maximum size is 100 square feet for a pole or ground sign, or 120 square feet for two ground signs. Commissioner Saunders pointed out that there are probably 50 signs located on Davis Boulevard that are too close to the pavement and they are non-conforming, however, over a period of time, they will even- tually be taken down. In response to Commissioner Saunders, County Attorney Cuyler stated that there is always the opportunity for someone to raise the argument that a variance has been granted because of the hardship that was explained to the Board but admitting that the legal requirements of the variance could not be met gives the potential for the next per- son to expect the same. Commissioner Volpe remarked that the petitioner has other oppor- tunities to display this particular activity on his property and granting this variance would allow the petitioner to have one more sign than someone else is allowed to have. In answer to Commissioner Volpe, Mr. Smith advised that Ghevron has restrictions about placing signs on their buildings. Page 45 June 14, 1994 County Attorney Cuyler called attention to Page 3 of the agenda package, listing the criteria for granting a variance. There were no other speakers. Commissioner Constantine closed the public hearing. Commissioner Matthews remarked that not only does the sign not meet the setback requirements, it does not meet the requirements of the sign ordinance. Cosu~tssioner Norris moved, seconded by Commissioner Constantine to approve Petition SV-94-1, which conforms to the criteria as outlined in the Executive Summary. Upon call for the question, the motion failed 2/3 (Commissioners Volpe, Saunders and Matthews opposed). Commissioner Matthews moved, seconded by Commissioner Volpe to deny Petition SV-94-1, for the reasons as set forth by staff and the fact that the sign is violatire of the Sign Ordinance. Upon call for the question, the motion carried 3/2 (Commissioners Norris and Constantine opposed}. Tape#4 Item ~13A5 RESOLUTION 94-425, RE PETITION V-94-?, DAVID S. WILKISON, OF WILKISON & ASSOCIATES, INC., REPRESENTING BONITA U-STORE-IT CORPORATION, REQUESTING A 45 FOOT VARIANCE FROM THE REQUIRED FRONT YARD OF 75 FEET TO SO FEET FOR TRACT 118, GOLDEN GATE ESTATES UNIT NO. SO, LOT I, GERMAN WOODS SUBDIVISION, CONSISTING OF 2.91+ ACRES - ADOPTED Legal nottce having been published in the Naples Dally News on May 8, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Project Planner Sam Saadeh stated that the petitioner is requesting a 45' variance from the required front yard of 75' to 30' He noted that the intent of this variance is to allow the petitioner to extend the building envelope by 45' Mr. Saadeh advised that the subject property contains a 47' right- of-way easement that starts at the Golden Gate Canal and runs north along the entire length of the property. He explained that this ease- ment does not continue to the adjacent property to the north. He indicated that this petition, if approved, will allow the petitioner Page 46 June 14, 1994 to maintain the same front yard setback from Santa Barbara Boulevard, as the adjacent property to the north. Mr. Saadeh reported that the Collier County Planning Commission reviewed this petition on May 5, 1994, and by a vote of 6/0 recom- mends approval. In response to Commissioner Vo]pe, Planner Saadeh advised that this property is located south of the Naples Christian Academy. Attorney Bruce Anderson, representing the Petitioner, provided a hand-out which graphically depicts the area of the requested variance. He indicated that this lot is the only property that is burdened with a 45' right-of-way easement which was granted in the early 1970's. Mr. Anderson advised that Ed Kant, of the County's Transportation Department, does not object to this variance request. He explained that this will allow a typical estates type home to be built on a typical estates size lot. There were no other speakers. Co~missioner Constantine closed the public hearing. Commissioner Norris moved, seconded by Commissioner Volpe and carried 4/0 (Comm~ssioner Saunders out), to approve Petition V-94-?, thereb]~ &dopting Resolution 94-425. Page 47 (190) Item BOARD OF COUNTY COMMISSIONERS~ COMMUNICATIONS June 14, 1994 Commissioner Matthews advised that she has reserved the Commission Board Room for June 23, 1994, at 6:00 P.M. for a meeting with the general public regarding the R~sk-A-Rask Program. She noted that she has received many phone calls relating to this program. With regard to the status of the East Naples Community Redevelopment District, Wayne Arnold, Acting Site Development Review Director, stated that he has created an outline, and noted that he intends to involve the Constitutional Officers as well as other County Divisions. Mr. Arnold remarked that it will be a large undertaking to perform the preliminary assessment. He indicated that he anticipates coming back before the Board within the next 60 days with the Gathered infor- mation. Commissioner Norris stated that he is desirous of moving forward with developing the public response. (340) Item #15 STAFF'S COMMUNICATIONS County Manager Dotrill stated that he received correspondence from the Florida Correctional Privatization Commission which is a private corporation that has been selected to site, design, build, own and operate correctional facilities for the State of Florida. He noted that this commission is seeking four additional prtvatization sites. County Manager Dotrill questioned whether the Board is desirous of communicating a preliminary expression of interest for a privately owned facility in Collier County to house 350 youthful offenders. County Manager Dotrill read excerpts from the letter. Commissioner Volpe suggested that the City of Everglades may be interested in this type of undertaking. Mr. George Flagler spoke with regard to this item. Page 48 June 14, 1994 The consensus of the Board was not to submit a preliminary expression of ~nterest in this regard. eae Co~uaissioner Saunders moved, seconded by Commissioner Volpe and carried nnmnimouel¥, that the following items under the consent agenda be aITproved and/or adopted: ''' Item #16A! - Deleted Item #16A2 RESOLUTION 94-403 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE NO. 307~3-1Sl, OWNER OF RECORD: LLOYD G. SHEEHAN See Pages, Item ~16A3 RECORDING OF THE FINAL PLAT OF "PALOMINO VILLAGE," ACCEPTANCE 0F THE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS AND ACCEPTANCE OF THE OFF-SITE DRAINAGE EASEMENTS - WITH TRE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY See Pages Item #26A4 ACCEPTANCE OF WATER AND SEWER FACILITIES FOR MAPLEWOOD, UNIT ONE - WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY NOTE: DOCUMENTS NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF 8/]7/94 Item #16A§ RESOLUTION 94-404 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "MAPLEWOOD, UNIT ONE" AND ACCEPTANCE OF THE IRREVOCABLE LETTER OF CREDIT FROM THE DEVELOPER FOR MAINTENANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR A MINIMUM OF ONE YEAR - WITH TRE STIPULATION AS LISTED IN THE EXECUTIVE SUMMARY See Pages /~ Item #16A6 ACCEPTANCE OF WATER AND SEWER FACILITIES FOR PELICAN MARSR, UNIT TWO - WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY Item #16A? RESOLUTION 94-405 AUTHORIZING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH, UNIT TWO, AND ACCEPTING THE MAINTENANCE BOND FROM THE DEVELOPER FOR MAINTENANCE OF THE ROADWAY, DRAINAGE WATER AND SE~TER IMPROVEMENTS FOR A MINIMUM OF ONE YEAR - WITH THE STIPULATION AS LISTED IN THE EXECUTIVE SUMMARY See Pages /J ~ RECORDING OF THE FINAL PLAT OF "PELICAN MARSH GOLF COURSE, PHASE ONE, ACCEPTANCE OF THE MAINTENANCE BOND AND MAINTENANCE AGREEMENT FOR 112 June 14, 1994 PRELININARY ACCEPTANCE OF STOR~4ATER HANAGEH~NT I~PROVEH~NTS Item #16A9 RESOLUTION 94-406 AUTHORIZING THE ACCEPTANCE OF GREY OAKS, UNIT FIVE, A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS GREY OAKS, UNIT THREE, ACCEPTANCE OF THE PERFORMANCE BOND AS SECURITY FOR COMPLETION OF THE SUBDIVISION IMPROVEMENTS AND ACCEPTANCE OF THE CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS - WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY See Pages //4~-- /~/~ Item #15A10& RESOLUTION 94-407 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE NO. 30930-009, RECORD OWNERS: NICK BAD~4I, WILLIAM F. HELMER AND JAMES See Pages f~/f --//~7 Item #16A10b RESOLUTION 94-408 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE NO. 30929-079, RECORD OWNER: JOHANNA M. PRINDIVILLE Item #16A10c RESOLUTION 94-409 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE NO. 30929-019, RECORD OWNER: DAVID A. ELDRIDGE See Pages /~-/--/~-.&2, Item #16AlOd RESOLUTION 94-410 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE NO. 30928-023, RECORD OWNER: SHOP & GO, INC. See Pages /~'~ --/~-~/ Item #16A10e RESOLUTION 94-411 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE NO. 30928-022, RECORD OWNER: JORGE L. GARCIA See Pages Item #16AlOf RESOLUTION 94-412 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE NO. 3092?-058, RECORD OWNERS: VITO A. DIPALMA, THERESA M. DIPALMA AND Page 50 DIPALMA Ju~e 34~ ~994 See Pages Itmm #16A10g RESOLUTION 94-413 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE NO. 30923-030, RECORD OI~N~R: RENE SANTOS See Pages /_~-~ Item #16A10h RESOLUTION 94-414 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE NO. 30§26-058, RECORD OWNER: MO1TROE GRAHAM AND DAISY BELL See Pages Item #16A10t RESOLUTION 94-415 PROVIDING FOR ASSESSMENT OF LIEN, FOR TNE COST OF TRE ABATEMENT OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE NO. 31007-032, RECORD OWNERS: JOSE MARTINEZ AND RICARDO MARTINEZ See Pages /{. ~-/~ ~-- Item #16B1 ALLOCATION OF $5,000 FOR STATE ROAD MEDIAN LANDSCAPE DESIGN ACTIVITIES BY NAPLESCAPE PER BOARD DISCUSSIONS OF EAST NAPLES IMPROVEMENTS Item #16B2 AWARD OF BID NO. 94-2211 TO LINDEN INDUSTRIAL MACHINERY COMPANY IN THE AMOUNT OF $118,200 FOR THE PURCHASE OF TWO (2) REPLACEMENT SINGLE DRUM VIBRATORY ROLLERS FOR THE ROAD AND BRIDGE SECTION Item #16B3 AWARD OF BID NO. g4-21g5 TO HARDEE MANUFACTURING COMPANY IN THE AMOUNT OF $28,990 FOR TWO (2} BRUSH CHIPPERS FOR THE ROAD AND BRIDGE SECTION item #16C1 AGREEMENT AUTHORIZING THE COLLIER COUNTY SCHOOL BOARD TO PROVIDE PREPARED FOOD FOR THE SUMMER FOOD SERVICE GRANT PROGRAM See Pages Item #16C2 AUTHCYRITY FOR CHAIRMAN TO SIGN A TRANSMITTAL LETTER AND PAY POSTAGE TO THE REPUBLIC OF THE UIO~AIN FOR A UNITED STATES FLAG Item ~16D1 See Pages Page 51 June 14, 1994 STIPULATED FINAL JUDGMENT RELATIVE TO EASEMENT ACQUISITION FOR THE GOLDEN GATE WELLFIELD EXPANSION IN THE AMOUNT OF $4,000 AND AN ADDITIONAL $3,700 TO BE DEPOSITED IN THE COURT REGISTRY Item #16D2 SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER IMPACT FEES FOR WARREN AND ANTOINETTE ANDERSON, BURANEDIN AND MIRSADA BILALI, DEBORAH A. BROMMELAND, RICHARD AND VICTORIA CARR, RICHARD AND LINDA CUNARD, JOSEPH AND PRISCILLA DECOIL, RANDALL AND LINDA KELLEY, ROBERT G. MILLER, JR., ROBERT AND MARION NORDSTROM, JERRY AND MILDRED SALTER, GLENDA SINGLETARY, MAUDE SWANSON, AND FLORENCE L. WHITE See Pages Item #16E1 LIMITED USE LICENSg AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AND THE AMATEUR RADIO ASSOCIATION OF SOUTRWEST FLORIDA FOR THE USE OF COUNTY-OWNED PROPERTY FROM SUNRISE ON JUNE 24, 1994 TO SUNSET ON JUNE 26, 1994, AND WAIVER OF THE TEMPORARY USE PERMIT FEE See Pages /~-/F~F Item #16E2 AWARD OF BID NO. 94-2210 TO FILE ONE IN THE AMOUNT OF $241,§53.99 FOR A STOCKLESS WAREHOUSE OF OFFICE SUPPLIES FOR COLLIER COUNTY Item ,16E3 - Deleted Item #16F1 LEASE AGReEMeNT BETWEEN RICHARD B. LANSDALE AND COLLIER COUNTY FOR THE CONTINUED USE OF OFFICE SPACE UTILIZED BY THE EMERGENCY MEDICAL SERVICES DEPARTMENT FOR HEADQUARTERS AND FOR OPERATION OF AN EMERGENCY MEDICAL SERVICES SUBSTATION IN THE ANNUAL AMOUNT OF $37,750 FROM JULY 24, 1994 TO JULY 23, 1995 See Pages ///~---/~ Item #16G1 AGREEMENT WITH THE SOUTH FLORIDA PRESERVATION TRUST FOR THE ACQUISITION OF PROPERTY TO SATISFY MITIGATION REQUIREMENTS WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN THE AMOUNT OF $360,000 See Pages Item #16H1 - Deleted I Item #16H2 CHANGE ORDER NO. TWO TO THE CONSTRUCTION CONTRACT WITH MITCRELL & STARK CONSTRUCTION COMPANY FOR THE MASTER PUMP STATION 3.17 AND U.S. 41 SOUTH FORCE MAIN CONSTRUCTION PROJECT IN THE AMOUNT OF $85,348, INC]~EASING THE CONTRACT AMOUNT TO $1,814,802.76, AND AUTHORIZATION FOR THE PROJECT MANAGER TO EXECUTE SAID CHANGE ORDER Page 52 See Pages Xtem #16H3 - Deleted June 14, 1994 Item #16H4 CHANGE ORDER NO. 2 TO CONTRACT NO. 94-2153, IRRIGATION IMPROVEMENTS IN PHASE III OF LELY GOLF ESTATES MEDIAN BEAUTIFICATION PROJECT IN THE AMOUNT OF $246, INCREASING THE CONTRACT AMOUNT TO $18,563 See Pages ~.r~-- .~O¢ Item #16H5 AWARD OF BID NO. 94-2212 TO APAC-FLORIDA, INC. IN THE AMOUNT OF $25,863.50 FOR TIGERTAIL PARK ENTRANCE TURNAROUND Item #16H6 WORK ORDER BSW-5 UNDER THE CURRENT ANNUAL PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL ARCHITECTURAL CONSULTANT DESIGN AND REVIEWS FOR THE BUILDING 'H," THIRD FLOOR, EXPANSION PROGRAM WITH BARANY, SCHMITT, WEAVER AND PARTNERS, INC. IN THE AMOUNT OF $6,400 See Pages Item TERMINATION OF ACCESS EASEMENT AT CONKLIN POINT AND GRANT OF NEW ACCESS EASEMENT TO REFLECT CURRENT ACCESS See Pages Item #1611 RESOLUTION 94-416 REAPPOINTING ROSEANN SAMSON, DAVID BITNER, HARRY CUNNINGHAM, ROBERT COKER, EARNEST MORRIS, J.C. SPANN AND D.A. ROBERTS AND APPOINTING THOMAS SNEDIKER TO THE SOUTHWEST FLORIDA PRIVATE INDUSTRY COUNCIL, INC. See Pages, ~/-~F- Item #16J MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was filed and or referred as presented by the Board of County Commissioners: Page 53 June 34, 1994 :' Item #16J! SATISFACTIONS OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Item ~16K1- REVENUE SHARING APPLICATION FOR FISCAL YEAR 1994-95 See Pages Item #16L1 I~ESOLUTION 94-417 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 199! SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT See Pages There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 3:25 P.M. ' ' DWI GI~T. YE. '~ BROCK, [C'LERK (;:~j~e.~e~. m~'nu%~~ apgroved by the Board on BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX or as corrected Page 54