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BCC Minutes 04/26/1994 RNaples, Florida, April 16, 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 RE(fULAR 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 PRESENTs Marilyn Fernle¥, Sue Barbirettt and Ellis Hoffman, Deputy Clerks; Nell Dorrtll, County Manager; John Yonkosky and Jennifer Edwards, Assistants to the County Manager; David Weigel, Heidi Ashton and Ramitc Manalich, Assistant County Attorneys; Tom Conrecode, Office of Capital Projects Management Director; Dick Clark, Acting Community Development Services Administrator; George Archibald, Transportation Services Administrator; Bob Mulhere, Acting Current Planning Manager; Mike Smykowski, Acting Budget Director; Tom Olliff, Public Services Administrator; Bill Lorenz, Environmental Services Administrator; Leo Cobs, Administrative Services Administrator; Ed Kant, Transportation/Traffic Operations Senior Engineer; Steve Camell, Purchasing Director; Tim Clemons, Wastewater Director; Russ Muller, Transportation Engineer I; Barbara Cacchtone, Chief of Long Range Planning; Ron Nino, Senior Project Planner; David Weeks, Senior Planner; Ray Bellows and Sam Saadeh, Project Planners; Deputy Rosa Hernandez-White, Collier County Sheriff's Office; and Sue Filson, Administrative Assistant to the Board. Page April 26, 1994 Tape #1 Item #2 AGENDA - APPROVED W/TH CHANGES Co~ateetoner Norrie ~oved, ~econded by Conteetoner Volpe and carried unan/nouoly, to approve the agenda with the changma u detailed on the Agenda Change Sheet, and the following additional item: Item #16K2 - Audits, Reports and Management Letter as required by Auditor General Rule X0.§58 - Continued to meeting of May 3, 1994 and to be placed on the regular agenda. Item ~2A CON~ZXT AGENDA - APPROVED AND/ORADOFTED April 26, 1994 The motion for approval of the consent agenda is noted under Item ~16. (200) Item MINUTES OF THE SPECIAL MEETING OF MARCH 30, 1994, I~E~ULARMEETING OF APRIL 5, 1994, BUDGET W~RKSHOP OF APRIL 6, 1994 AND JOINT CITY/COUNTY M~ETING OF APRIL 8, 1994 - APPROVED Co~mieetoner Saunders moved, seconded b~ Commissioner Norris and carried unanimously, to approve the Minutes of the Special Nesting Narch 30, 1994, Regular Nesting of April S, 1994, Budget Workshop of April 6, 1994 and the Joint City/County Nesting of April 8, 1994. (211) Item EMFLOYEE SERVICE J~ARD$ - PRESENTED Commissioner Matthews congratulated the following employees for service with Collier County Government: Donna L. Holm - 5 Years, Uttltttes/Aministratton Presented Robert P. Richman - § Years, Facilities Management Presented Jack Randolph - 5 Years, Facilities Management Presented (2(?) Item ~4B1 PROCLAMATION DESIGNATING TUESDAY, APRIL 26, 1994, AS BAI~t0N COLLIER HIgH SCHOOL NR~STLING TEAM DAY - ADOPTED Upon reading the proclamation, Copiestoner Constantine moved, seconded b~ Commissioner Saunders and carried unanimously, t~t t~ proclamation designating Tuesday, April 26, 1994, u Barron Collier High School ~restltng Tea~ Day be adopted. Proclamation accepted by the Barron Collier High School Wrestling Team and coaches. Page 3 April 26, 1994 (3~0) FROCLAJ~TZOX D~ZG~ATZNG T]~ ~g~OFAPRZL 24-30, 1994, AS COLLZ~R CO~ ~ VZ~' ~ - ~~ Upon reading the proclamation, Coniaeloner Saunders .econded b~ Conl.mIoner NorrAm and carried unaniaou~l¥, that the proclazmtlon demignating the week of April 24-30, 2994, a~ Collier County Crime V/ct/u' Week be adopted. Proclamation accepted by 3oanne Baird and Linda Nineton. Page 4 April 26, 1994 (414) Zte~ #4~3 PROCLAMATION DISIGNATZNO FRIDAY, APRIL 29, 1994, A~ NATIONAL ARBOR D&Y AND OBSI~VED ON TUISD&Y, APRIL 26, 1994 IN COLLIER COUNTY - ADOFTED Upon reading the proclamation, Coim/ss/oner ~,ttll~e~ Iloved, seconded by ConLsslonsr Volps and carr/sd unant~ouslT, t~t ~ procl~tton desl~tln~ Frt~y, April 29, 1994, as Natto~l ~r Day ~d obse~d on ~es~T, April 26, 1994, in Collier C~ be a~pted. Proclamation accepted by Joanne Smallwood and representatives of Oulf Shore Rotary and Friends of the Collier County Muse~. Page 5 April 26, 1994 Zt~ #4B4 P~OCLAMATION DEZIGNATINa THE REEK OF APRIL 25-29, 1994, PROFESSIONAL SECRETARIES WEEK - ADOPTED Upon reading the proclamation, Couissioner Norris ~&rv~d, seconded by Comissioner Matthew~ and carried unani~ousl¥, that the proclama- tion designating the week of April 25-29, 1994, as Professional Secretaries Week be adopted. Proclamation accepted by Denise Larson. Page 6 April 26, 1994 (?og) Item #5 ~ ~$ 94-325, 94-330, 94-332, 94-335, 94-346 JL]ri) 94-349 - Acting Budget Director Mike Smykowski requested adoption of the six (6) routine Budget Amendments as shown in the Executive Summary. Com~tesioner Saunders mc~ed, seconded Ir~ Co~atsstonsr Volpe and ClL~rtsd X~mO~Sl¥, t~ ~t ~n~t~ 94-325, 94-330, 94-332, 94-336, 94-346 ~ 94-349 ~ m~o~l~. (727) CL~'S ~ORT - ~ TO ACC~~ CO~ FIN~IZIN~ FOR DESI~ S~ICES FOR ~ SO~ CO~ ~GION~ W~A~ ~~ FACILI~ Commissioner Matthews questioned why the contract for design ser- vices for the South County Regional Wastewater Treatment Facility is over two (2) months past due? County Manager Dotrill stated that a contract negotiation dispute over professional liability was resolved approximately ten (lO) days ago and the contract is in final review by the County Attorney's Office for legal sufficiency. Commiss~oner Constantine requested that the County Attorney's Office give the contract review top pr~ority. Item #SA1 - To be heard with Itel #12C3 (840) ALTERNATIVE ACTIONS FOR THE COUNTY IN CONTINUINa OR DI$C~TINUINa THE NORTH NAPLES ROADWAY MSTU (LIVINGSTON ROAD PROJECT} - ~TAFF TO INVESTIGATE POSSIBILITY OF CREATIN~ A SPECIAL ASSESSMENT DISTRICT Transportation Services Administrator Archibald stated that the Livingston Road Municipal Service Taxing Unit (MSTU) was established in 1985 for the purposes of planning, design, perm~tting and r~ght-of- way acquisition and ultimately the construction of Livingston Road from Immokalee Road to Lee County and an east/west segment of roadway. Mr. Archibald indicated that over 3,000 acres were ~ncluded in the Page 7 April 26, 1994 MSTU in 1985 with the majority being undeveloped. He pointed out that there are a number of approved developments within the MSTU but only an 80 acre parcel known as Whispering Pines has been developed. Mr. Archibald stated that Whispering Pines is located immediately east of Imperial Golf Estates and was developed as a single family unit with approximately 145 lots without access to Livingston Road. He Indi- cated that the Development Order allows 50 percent build-out prior to the Livingston Road Improvements being in-place. Mr. Archibald stated that the two Issues presented today are: (1) the developed 80 acres represents much larger property values than comparable size land within the MSTU; and (2) the development controls placed on Whispering Pines (also referred to as Imperial Golf Estates Phase V). He explained that the property owners feel they are being taxed and paying an Inappropriate share of the MSTU because out of the 3,O00 acres, the Whispering Pines development is only 80 acres which is only three percent (3%) of the total land but they are paying about a 2§ percent share of the current flat millage rate. Mr. Archibald explained that the Whispering Pines project was developed with Planned Unit Development (PUD) controls which limited the extent of development without completion of the Livingston Road project. Hr. Archibald stated that Staff has prepared five (5) alternatives in consideration of the issues raised by the Whispering Pines property owners and are as follows: 1. Make no change in the MSTU as originally created in 1985 and con- tinue to consider utilization of the MSTU for subsidizing project planning, design and permitting cost with ad valorem tax. The MSTU, through future assessments, would remain to subsidize site specific benefiting construction improvements. 2. Collapse the entire MSTU and wholly discontinue any additional MSTU subsidy or prior costs. Modify the boundary of the MSTU to eliminate Imperial Oolf Phase V and only consider taxation of unimproved property and agricultural property In the future. Modify the boundary of the MSTU to create two MSTU~s0 one for an area to the north and one for an area to the south with con- tinuation of taxation against benefiting owners. The two MSTU~e may both encourage developer commitments and also segmented road construction by developers. Page 8 April 26, 1994 5. Maintain the MSTU, but consider the allocation of future taxation within the boundary at varying millage rates to more precisely reflect the benefit to be derived by the applicable property and/or the fair share of the cost incurred to date for engineering and permitting activities. Separate subdistricts would be required by ordinance to implement taxation of different rates. Mr. Archibald stated that option 5 will require a series of ordi- nances to allow the taxation to continue in lieu of an assessment and to allow the taxation at different rates to reflect benefits derived. Mr. Archibald pointed out that in 1988 the Board approved the planning, some design and right-of-way acquisition for the project because the majority of the costs would be reimbursed by the MSTU. He indicated that three (3) tax levies have produced approximately $2~0,000. Mr. Archibald stated that the Livingston Road project is not funded but Staff is proceeding with finalizing the environmental permit. Commissioner Volpe pointed out that the project cost in 1985 was estimated at $6 million but the current cost for the improvements is $~? million. He indicated that another public hearing is necessary to establish if the people involved in the MSTU are still supportive. Mr. Archibald explained that a public hearing would be most appropriate upon completion of the environmental permitting process. In response to Commissioner Volpe, Mr. Archibald replied that ordinances will be required for all five (5) options presented requ~ring advert~eing and scheduling of a public hearing. He explained that the construction of Livingston Road from Immokalee Road to Lee County is not in the County five (5) year work program and should not present a concurrency problem. Commissioner Volpe stated that plans are underway to have the east/west corridor completed by private developers. Mr. Archibald stated that once the environmental permits are obtained, the developers will move forward to participate in construc- tion of the east/west corridor. Commissioner Volpe stated that Livingston Road is a major Page 9 April 26, 1994 north/south corridor and should be constructed whether or not a MSTU exists. He pointed out that it will be difficult to lev~ assessments after a cost benefit analysis is completed. The following persons spoke on this item: Dudley Goodlette Herbert Oehlers Paul Toppins William Teuber K.C. Wise George Keller Jay Smith In response to Commissioner Matthews, Mr. Archibald informed the Board that it will be approximately five to ten (5-10) years before the road system becomes overburdened sufficiently for the segment of Livingston Road from Immokalee Road to Lee County to become a con- currency item. In response to Commissioner Volpe, Mr. Archibald stated that the six (6) laning of 1-75 between exits 17 and 18 most likely will not occur within ten (10) years. Copiestoner Volpe ~ov~d to direct Staff to draft the necessary ordinances to ~odify the boundary lines of the existing NSTU to create separate M~TU segregating the east/w~et and north/south corridor, thereby allowlng the propert-~ owners In I~pertal Golf Estates Phase V, Whle~ertng Plnee, durtng the publlc hearing process to present whether the~ should or should not be included in the MSTU, and Staff to Ani- tAate an mnd~ent to the FUD for Whispering Pines to rel/eve develop- ment restraints, Commissioner Norris questioned whether the Board can remove the agricultural exemption granted the PUD? Assistant Attorney Wetgel stated that it w111 be difficult to remove the zoning without showing a change of circumstances or use of the property. Commissioner Norris pointed out that when an application is made for a PUD, the property owner should have already decided the use of the property and once the PUD is granted, the property owners should not be allowed an agricultural exemption for taxation purposes. Commissioner Saunders etated that the problem with establishing Page 10 April 26, 1994 Special Assessment Districts (SAD) is lack of computer space in the Tax Collector's Office but an upgrade to the system will allow this MSTU to be established as a SAD and recognize the actual benefit that the various properties will receive from the roadway. Assistant Attorney Weigel pointed out that the MSTO is based on ad valorem taxation and general benefit to the property owners and makes excluding property difficult wherein the SAD will allow a more appropriate assessment of property. Commissioner Saunders stated that an agricultural exemption is a moot point if a SAD is established. He indicated that he supports Commissioner Volpe's motion but he would rather Staff explore the possibility of creating a SAD and that the upgrading of the Tax Collector's computer capability be expedited to allow SAD's to be entered. Comtesloner Volpe a~ended his motion to reflect that Staff ehould explore the possibility of creating a SAD as a preferred alternative ·nd then to draft ordinances creating two (2) separate MSTU'e by adjusting the boundaries if a SAD is not feasible. Seconded by Comaieeloner Saunders. Upon call for the question, the motion carried unani~ousl¥. · ** Recessed: 10:30 A.M. - Reconvened: 10:40 A.M. at which tt~e Deputy Clerk Barbtretti replaced Deputy Clerk FernlwF *** IteB #1C1 BCC DETERMINED NO INTEKEST IN PUXSUING GRANTS FOR HOMELESS FROCIRAM SUPPORT OR IN SENDING MEMBERS OF THE HOMELESS ADVISONY C01~4ITTEE TO AN ~ABLE HOUSING MANAGEMENT EDUCATION PROC3~JLM - AFFROVED Public Services Administrator Olliff stated that the Board needs to determine whether or not they are interested in pursuing these types of grants because they require a great deal of data and analy- sis. He said that most of these grants are applied for by pro- feestonal grant writers. He reported that the Committee wanted to try the application process themselves because they are volunteers and wanted to determine the difficulty of doing it themselves or find a Page April 26, 1994 professional who would be willing to do it on a return for the grant received. In response to Commissioner Constantine, Mr. Olltff reported that at this time there are no plans for any grant funds because no notice of what funding is available has been distributed as yet. He advised that any grant application would come back before the Board for review. Commissioner Constantine expressed concern regarding specific programs that funds could be applied to. In response to Commissioner Constantine's comment, Commissioner Norris stated that a program is being formulated at this point. Commissioner Volpe asked if there is an opportunity for a private, nonprofit §01C3 to apply for grants? Mr. Olliff stated that in most cases a local government entity or a 501C3 t~pe corporation applies for them. Commissioner Volpe stated that although as a community we bear in part the responsibility of those less fortunate, he would prefer to see 501C3 organizations pursue this endeavor because they are in the business of trying to address these needs. Stanley Olds spoke on the subject. Commissioner Volpe reiterated that the responsibility for pursuing these types of grants should rest with those private, not for profit organizations. He encouraged the Board to support those efforts. Costsstoner Volpe a~ved that the Board of Count7 not authorize ~e~bers of the XoHless Advisory Board to pur~ue this seminar program. In reference to the motion, Commissioner Saunders asked if Commissioner Volpe would be amenable to Staff participating in this grant application seminar? Commissioner Volpe stated that he is not convinced of the need for Staff to participate. County Manager Derrill remarked that this tyl~e workshop is not specifically budgeted for. Page 12 April 26, 1994 Co~/eetoner Constantine seconded the ~otion on the floor, the ~otion carried 3/2 (Cow~ieeloner Saunders and o~eed). Co~lsstoner $aunder~ remarked tha~ Collier County doe~ have homeless population ~d the ~ssue must be addressed. (3~) Zt~ g8C2 I~IM A~~ ~ COOL CON~SSIONS INC. ~X C~ ~AT ~ FACILITIES, ~ 94-21~1 ~~ TO CO~ESSIO~ FOR ~AT ~ CONCESSION ~ ~ DI~D TO ~0TIA~ ~ A~ FOR CONCESSION S~ICES FOR ~ ~ C~S COCO~T~E BOAT ~ FACILITIES - ~0~ Public Services Administrator Olliff stated that Staff had been directed to develop an interim agreement to provide concession ser- vices at the Caxambas Boat Launch facility. He provided the Board with a copy of the 90 day agreement and explained that the con- cessionatre will be able to continue to provide fuel services and will pick up the additional services as soon as the appropriate supplier contracts can be obtained. Mr. Olltff explained that the second direction for Staff was to negotiate a longer term agreement for both boat launch facilities. Mr. Olliff announced that Staff recommends the approval of the interim agreement and the award of RFP 94-2171 to Cool Concessions. In response to Commissioner Volpe, Mr. 011iff explained that in addition to the boat ramp operation at the Cocohatches River Park, the concessionaire will sell bait and snack Items. Commissioner Volpe ~ov~d to approv~ the 90 with Cool Concessions, Inc. for the operation of Caxa~bas Boat L~unch Facility and the Cocohatches Boat Launch Facility, seconded by Co~leeloner Norris. Upon call for the question, the ~otlon carried nnaniml¥. Page 13 April 26, 1994 (303) Z~ #8A1 RESOLUTION 94-294 DETEKMINING THAT REVISIONS TO T~E COLLIER TRACT 22 DKV~LOI'M:~IT OI~:~tDO~.S NOT C0~ISTZTUT~ & SUBSTJUITZAL DKVZ&TZON REQUIRING FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW - ADOPTED County Manager Derrill stated that this item can be heard with Item #12C3. Planner Ron Nine stated that this amendment to Collier Tract 22 DRI Development Order is not of any significant substance in the opinion of Staff. He said it involves the construction of 150' of dock space along and adjacent to the Country Club at the Collier Tract 22 Reserve. Re said the Department of Environmental Protection questioned whether or not the Development Order permitted the dock? Mr. Nine stated that Staff believes that the dock was covered in the PUP Document which permits the construction of docks. Mr. Nine explained that this item results in the inquiry of DEP and the insistence of the Regional Planning Council that a notice of change to the Deve]opment Order is required. Planner Nine stated that a notice has been received by the Southwest Florida Regional Planning Council indicating that this change is insubstantial in nature. He added that the Collier County Planning Commission (CCPC) unanimously agreed that the change should be made as suggested by the Development Order. He pointed out that the CCPC does not rule on matters of insubstantial change. Mr. Nine stated that Staff recommends that the Board determine that the amendment is insubstantial in accordance with the proposed resolution and to implement the CCPC's recommendation that the Development Order be changed as prescribed in the Development Order Resolution amendment. In response to Commissioner Norris, Mr. Nine confirmed that the Regional Planning Council considers this an insubstantial change. In response to Commissioner Volpe, Mr. Nine replied that the waterway to limited to the use of pontoon boats. Cliff Barksdale, Vice President of Collier Development Page 14 April 26, 1994 Corporation, clarified that the dock will only accouodate members of the Club and res/dents of Collier's Reserve. In response to Commissioner Volpe, Mr. Barksdale stated that he does not foresee more than four boats utilizing the dock as a mooring facility at one time. Commissioner Saunders ~oved, seconded by Co~/sston~r Norris and carried unan/mousl¥, that this is not · substantial deviation, thereby adopting Resolution 94-294. Page 15 April 26, 1994 I'l:8m ff12C3 P~$OLUTIO~ 94-295/D~FEL01~NT ORDER 94-1 F~ I~TITION DO&-94-2, CI~I~FRD B&I~D~, ]t~FI~$~I~TI~G TR~ COLLI~]~ DL~.O~ C01~PO~TION FOR &l[ &N~NDI~NT TO TR~ COLLIER TINCT 22 D~V~LOP~I~qT OF R~GION&L INFACT D~LOP~T ORD~ - Legal notice having been published in the Naples Daily News on April 10, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. This item was heard in conjunction with Item #8A1 above. Commissioner Constantine closed the public hearing. Commissioner Saunders moved, seconded by Coltsstoner Volp~ and carrted ur~nt~ousl¥0 t~t Petition DO&-94-2 t~ approved thereby adoptt~ F~solutton 94-295/Development Order 94-1. Page 16 April 26, lgg4 (s5o) BID ~94-2155 FORMOBILE CATCH AND NI~HVELOCITY CO~BINATIUN ~ENER CLEANER - AWARDED TO STEELE CENTER INC. IN THE AMOUNT OF $183,902 Tim Clemons, Wastewater Director, explained that this bid is a request for a high pressure cleaning vehicle for the County's sanitary sewer system and lift stations. He said that the original vehicle which was purchased in 1986 has been used by Fleet Management and Utilities. He said that Staff of both divisions have concluded that further repairs to the existing vehicle would be a waste of money. Mr. Clemons said that Staff determined that replacement of the vehicle would be the best course to take and proceeded to bid for a replacement vehicle. He explained that initially there were two bid- ders but the low bidder has withdrawn. He said that Staff had budgeted $§0,000.00 to repair the existing vehicle. He stated that Staff recommend~ that the initial $50,000.00, along with a transfer from Reserves, be used to fund the purchase of the new vehicle. Mr. Clemons announced that Staff recommends that the Board award Bid #94-2156 to Steele Truck Center, Inc. and approve the necessary budget amendments. In response to Commissioner Volpe, Mr. Clemons replied that a second vehicle was purchased two years ago. In answer to Commissioner Volpc, Mr. Clemons explained that $50,000.00 was originally budgeted for the repair of the vehicle, but the vendor actually estimated the repairs to coQt $85,000.00 rather than $50,000.00. Coa~issioner Saunders ~ved, seconded b~ Co~/ssioner Norris and c~rrted unani~ously, to approve Staff reco~ndation. ( go) TEI~MINATION OF CON~.~ACT 92-1895 ~IT~ NA%'NE EVANS AUCTION CO. AND STAFF AUTH01~IZED TO FILE A CLAIM WITH THE CONTl%ACT SURETY - APPROVED; STAFF AUT~0RIZED TO PURSUE LEGAL ACTION Steve Camell, Purchasing Director, stated Staff is requesting the termination of Contract 92-1895 with Wayne Evans Auction Company. He Page 17 April 26, 1994 explained that the reason for this request pertains to an auction held on January 8, 1994, conducted by the the auctioneer at which time he sold a number of items on behalf of the Board of County Commissioners, the City of Naples and the Collier County Sheriff~s Office. He said that the contract called for the auctioneer to conduct the sale, collect the proceeds and remit the net proceeds to the respective agencies within 15 days of the event. He stated that the auctioneer was late in remitting payment to all agencies and that the Shertffts Office has not received any payment as of this date. Mr. Camel1 requested the authority to terminate the contract so that the next step in the process may be achieved, which is to invoke the Surety Company in obtaining the money. Commissioner Saunders remarked that it is his understanding that the auctioneer is holding approximately $80,000.00 and the maximum claim in reference to the vehicle is approximately $2,000.00. He stated that It seems reasonable for the Board to provide the authorization to terminate the contract. Con/setoner Saunders moved to authorize Staff to terminate the aGTee~ent and file a claim with the bon~ln~ co~pan¥ in texgas of that collection. Assistant County Attorney ManalIch suggested that the Board also authorize any appropriate legal action regarding this conduct. Co~temloner Saunders ~nded his ~otlon to include pursuing appropriate legal action. Co~-teeloner Norris seconded the ~otton. Upon call for the question, the ~ottcn curled ~/0, REVISION Ol THE CLA~S SPECIIIOATION~ IOl TH~ UTILITIIS SEI~VICES ADMINI~IqtAT01 AND CO~(UNITY DEVELOPMENT ADMINISTRATON CLASSIFICATIONS - UTILITIIS SERVICES ADg~INISTRATON CONTINUED PENDINO ACTION OF UTILITY AUTH01ITY; CiTY DEVELOPMENT AI~INISTRAT01 CONTINUED Leo 0chs, Administrative Services Administrator, stated that this item Is a recommendation from Staff to revise the class specifications Page 18 April 26, 1994 for the Utilities Services Administrator and Community Development Administrator. He said that Staff recommends that the experience, training and education requirements be modified, specifically that prior experience be Increased from 6 to 10 years in both areas, that the formal education requirements be relaxed to provide for equivalent of a Bachelor's Degree, that a Master's Degree be pre- ferred but not required as part of the formal class specification, and that the current class specification for the Utilities Administrator require registration as a certified Civil Engineer. He stated that Staff suggests that the requirement be made a preferred requirement. Commissioner Matthews stated that because the Board is in the pro- cess of considering a Utilities Authority she is not sure tf any changes should be made at this time. County Manager Dotrill explained that the notices of position were approved and published in professional ~ournals in advance of the possible Authority Ordinance. He said that the positions have been advertised for approximately two months and 150 resumes have been received for the Community Development Administrator and approximately half that amount for the Utilities position. He stated that a commit- tee will be formed from the Advisory Board to prepare a short list for the Community Development Administrator. He confirmed that he will not take action on the Utilities position at this time. In response to Commissioner Constanttne's comment, Mr. Dotrill agreed that the requirements should have been changed before they were advertised. In response to Commissioner Saunders, Mr. Ochs confirmed that there are a total of seven divisions, the other five divisions require the equivalent of a Master's Degree. Commissioner Saunders commented that it would be inappropriate to reduce the educational requirements of these two divisions to less than the other five. He stated that he is opposed to changing the classifications. County Manager Dotrill stated that he is not opposed to the Page 19 April 26, 1994 requirement of a Bachelor's Degree, but in lieu of Graduate education or a Master's Degree, an equivalent amount of experience would be accepted. Commissioner Constantine agreed with Commissioner Saunders and stated that consistency must be upheld in the seven divisions. He pointed out that it is difficult to find people with a Maeter's Degree in the Engineering, Public Works, Utilities and Transportation fields. Mr. Ochs confirmed that the Job posting did require a Bachelor's Degree. In response to Commissioner Saunders, Mr. Ochs replied that a Master's Degree is required for the five other divisions. Commissioner Constantine stated that the requirements must remain consistent throughout the seven dirtslone. He suggested that the item be continued for one week so that Staff may investigate this item further. Commissioner Volpe asked if there is the opportunity within the existing Job classifications for these two positions to allow for flexibility without changing the descriptions that are presented to the Board. Mr. Dotrill stated that he is unsure. He said that is why he wanted the Board to change or clarify the Master's requirements or the licensed Engineering requirements for Community Development or Utilities. He pointed out that he can only nominate people based on qualifications and the interview as the Board will confirm the nomina- tion. Cow~tsstoner Constantine -n~ounced that the consensus of the Board tm that the Utilities A~tntstrato= will not be m~tremmet until the Uttllttem Authority has been set&bltshed and that the Con. unity Development A~tntstrmtor will be oonttnusd for one w~ek so that Stmff s~y Investigate the requirements further. FOLLOW UP TO T]IE GLADES PUBLIC PETITION FOR ESTABLIS]~ING ITS OWN MULTI-FAMILY ~C~¢LING PROGRAM - CONTINUED TO MAY Page 20 April 26, 1994 Bill Lorenz, Environmental Services Administrator, stated that this is a follow up to a public petit/on regarding the Glades wanting to establish their own multi-family recycling program. Me said that in the interim Staff has received a letter from Waste Management stating their intention to abide by the terms of the original bid that would allow Waste Management the rights to the revenues from all the multi-family units that exist in Collier County. Mr. Lorenz stated that the Board must decide whether to abide by the bid award or allow an exempt/on to allow the Glades to haul their own solid waste which would require the Board to be responsible for absorbing the revenues and supplementing Waste Management for the expense. Michael Hessel, representing the Glades, stated that Waste Management has agreed to use a smaller container for curbside pickup, He stated that the Glades has always handled their waste. He said that it is the position of the Glades that consideration for their efforts be given as they have been in the past. He stated that the Glades has a unique system that will benefit the entire County. He inquired about the economic impact to Waste Management if the Glades proposes to deliver to Waste Management the recyclable goods. Commissioner Volpe stated that he has a problem with creating an exception which would create a problem with the negotiated agreement. Michael Kennedy, President of Waste Management of Collier County, stated that the revenues from the materials covers only 10% of the collection. He emphasized that he cannot accept the materials from the Glades because he has a private facility that only handles materials that Waste Management collects and hauls. Mr. Kennedy stated that even if the contract for the Glades were to be renegotiated, Waste Management would have to be compensated due to the costs that have already been incurred. Commissioner Constantine asked for clarification of language in the executive summary which states "County may be liable"? Assistant County Attorney Weigel replied that there is certainly Page 21 April 26, 1994 the potential for liability. In response to Commissioner Norris, Mr. Kennedy replied that it would not be possible for Waste Management to accept material from the Glades. Mr. Kennedy announced that an option for the Glades would be to have Waste Management provide a separate container for collection that could be hauled away. Mr. Hesse/ stated that the Glades greatest concern is to minimize cost. Coa~teelon~r Col~tl~lttne announced that it iS the co~oJ Of t~ ~d to conttn~ thlm Item for o~ ~ek. (22 0) Item ~89~ ~~ OF ~ ~U~IFI~ TO $~IT ~AT~ ~OL~IES ~R SOLID W~ DIS~S~ - ~IRO~~ ~C~TION S~C~, INC. (~), ~ C~IES (~), MOD~ ~IN~, INC. (~I) ~IMINA~D~ ~O~S~S TO BE AC~ ~ ~I~ OF ~~ Bill Lorenz, Solid Waste Management Department, stated that the purpose of this tt~:m is to present the qualifications of the firms that responded to the RFP for alternative Technologies for solid waste disposal. Mr. Lorenz pointed out that the Board should consider four major points; the degree of public Involvement, the ability of the County to meet State mandates for recycling, the location and the timing of the process. Mr. Lorenz asked the Board if they wished to optimize the landfill site or move to a new site? Commissioner Saunders stated that the Board does not wish to expand the acreage of the landfill. He stated that maximizing the life of the facility is in the best interest of the County. Mr, Lorenz explained that a clean MRF (Materials Recovery Facility) allows public participation and has the opportunity to increase the amount of recyclable materials. In response to Commissioner Constantine, Mr. Lorenz replied that Page 22 April 26, 1994 the markets for dirty MRF are not as good and the return for recycling is not as good. In response to Commissioner Constantine, Mr. Lorenz explained the cost of collection and transport of recyclable materials by using a dirty MRF. Commissioner Constantine pointed out that another advantage of a dirty MRF is 100~ participation because all the waste stream is cap- tured. Commissioner Matthews stated that using a dirty MRF would remove the thought process in the end and use of the consumer to reduce the waste stream in general. Commissioner Constantine agreed, but pointed out that State man- dates must be met as to what percentage of waste stream is being recycled. Commissioner Saunders stated that the point of the Request for Qualifications [R~Q) is to narrow the scope of firms. David Russel/, Acting Solid Waste Management Director, reviewed the firms recommended to be eliminated and reasons for same as listed In the Executive Summary. Tape ~3 Cantostoner Norris ~ovad, seconded by ContamloneF Saunders m%d carried unanl~usly, that Environmental Reclmtion SeFvtce8, Mo~I~A Recycling, Inc. and Radar Companies be eliminated at this tim and proposals be accepted free Bedminster Btoconv~rston Corporation, Chambers Wute Systsu of Florida, Inc., FCR, Inc., PWT Masts Solutions, Resource Recovery Syeteu, Inc., Waste Management, Inc. of Florida (NMI) and Waste Recovery Systems. In response to Commissioner Volpe, Mr. Russell replied that Staff will begin to develop an RFP for Board approval immediately. (072) Item ~iHI RESOLUTION 94-296 AUTI~ORIZIN~ THE EXECUTION OF A NOTE WHE]t~%S $12,150,000 OF TKE TAX EXEMPT COMMERCIAL PAPER LOAN OF 813,750,000 WILL BE ROLLED FON UP TO FIVE YEARS - ADOPTED; STAFF DIRECTED TO EXPLORE THE ELIMINATION OF FIXED ]rATES 63 Page 23 April 26, 1994 John Yonkosky, Assistant to the County Manager, explained that the Board authorized borrowing $13,?§0,000.00 through the tax exempt Com- mercial Paper Loan Program to begin construction on 10 transportation projects. He said that the loan is due on April 29, 1994. In response to Commissioner Volpe, Mr. Yonkosky replied that $22 million remains on the $28 million Line of Credit with SunBank. He explained that the open end of the L~ne of Credit has expired. Mr. Yonkosky stated that the reason for using the commercial paper Loan Program is that it has been averaging In response to Commissioner Volpe, Mr. Yonkosky stated that the Line of Credit cannot be eliminated because all that is outstanding on it is fixed. He said that there are presently three fixed notes over a term of five years. In response to Commies~oner Saunders, Mr. Yonkosky explained that the fixed rates vary from 4.68~ to ~. Colmtsstoner Saunders moved, seconded by Comlissionlr Norris to approve Staff reco~u~endatton and direct Staff to explore the nation of the fixed rate notes. In response to Commissioner Volpe, Mr. ¥onkoek¥ stated that there are two elements in the Line of Credit, a variable rate and an option to take a fixed rate. Mr. Yonkosky suggested that the Board authorize this roll at the current rate and direct Staff to develop an analys~s on reactivating the Line of Credit and a fixed rate. Co~a/ssioner Saunders agreed to a~end his ~otton to include the conv~r~ion of a portion of the Line of Credit to a fixed note. Upon call for the question, the ~otton carried 5/0, thereby · dopting Resolution 94-296. Mr. Yonkosky requested that the Board move to declare that ten transportation projects are substantially completed. Cow-issioner Saunders ~oved, seconded by and carried unanimously, to dec/are that the ten transportation projects are ~ub~tanttallF co~pl.t.d. ~00K O80~A~£ 6~ Page 24 April 26, 1994 S~KM~FTAL A~ FOR I~NAL DESIGN A]fD PE~RMZTTI~3 $EI~ZCKS FOR VARDKABZLT BEACH ROJ~D F0~R-LJLRIRG 1MFROVEMEF~S - APPROVED Tom Conrecode, OCPM Director, stated that the contract attached to the Executive Summary would accomplish final design, permitting and all services associated with the ultimate six-lane design from U.S. 41 to C.R. 31. Co~mtomtoner Norris moved, seconded by Co~m/motoner Volp~ to approve the Sulrple~ental AGreement for final design and per~ltttn~ services. In response to Commissioner Hatthews, Hr. Conrecode replied that Westinghouse is sharing the cost of a number of activities with the County. Upon call for the question, the not/on carried unanimously. Pa~e 20 April 2~, 1994 (3~9) RESOLUTION 94-297, CWS 94-4, ~ 94-3 AND (DID 94-2 RE INSTITUTION OF FORECL0~ ACTION ON DELINQUENT MATERAND/OR SENER Sl~ECIAL ASSESSMenTS - ADOPTED AssLstant County Attorney Weige! explained that State Statute requires that the County can proceed to enforce the liens for foreclo- sure no later than 30 days after the annual assessments become delinquent. Co~teetoner Volpe ~oved, eeconded by Comtseloner Matthew~ and carried un~nimly, to ~dopt th~ attached R~solutlon pursu&nt to Section 153.73 (ll)(f), thereby adopting Resolution 94-297, CWS 94-4, MI~ 94-3 ~nd ~ 94-2. ,oo 000. , 195 Page 26 April 26, 1994 DZ~IF~ZON I~ &IlII~Y~TZ01 0Y I~LZCJLll BAY - ~CC TO COFfZIIU~ ][~FTR&L Commissioner Saunders explained that the Naples City Council has asked what position the Board of County Commissioners will take In reference to annexation or incorporation of Pelican Bay. Commissioner Saunders stated that he advised the City Council that the Board of County Commissioners has traditionally taken a neutral position and taken the position to provide objective information. He stated that he told the City Council that would still be the posi- tion of the Board in reference to the Incorporation effort of Pelican Bay. He reported that the City Council wishes the Board to reaffirm that position of neutrality. · Commissioner Constantine stated that the citizens of Pelican Bay should make their own choice. He suggested that the Board take an aggressive standpoint In showln~ what services do extst. Commissioner Volpe asked the position of the City Council? Commissioner Saunders stated that the City Council has not articu- lated their position as of yet. George Keller spoke on the subject. Commissioner Saunders commented that it is important for the Board to ~ake a public statement of neutrality so that Staff will be aware of the Board's position. ~ommtssioner Smun~mrm moved, seconded by Commissioner MatthewJ that tb ~oard of County Commissioners continue its' stated position in the past, that when residents desire incorporation or ~nnexatton, it is m utter for them to decide aztd that the Board of Couxlty Commissionarm will provide objective Information. Commissioner Volpe remarked that although he does not object to the motion, he resents the fact that the Board is being asked to publicly declare neutrality when the principle players have not pre- sented their position. Upon c&11 for the question, the mot/on carried unanimou~l¥. 198 Page 27 April 26, 1994 STAFF BULLF~ - STAFF DII~CT~ TO COFT~ U$IN~ 2]~D ZNT~ Al~INI~fl~tTlO~ BUILDINO Coutsstoner Constantine commented that he had previously discussed with the County Manager the possibility of providing space for Staff to work while waiting to petition the Board of County Commissioners on Tuesdays. County Manager Derrill stated that the suggestion was implemented on the 2nd Floor of the Administration Building across the hall from the Transportation Department. He suggested that Staff be reminded to bring other work to do while waiting. Mr. Derrill stated that a rule he enforces for Division Administrators is that they should anticipate questions that may come up on other items that would pertain to them. Ztem~10C DX~CO~XC;il Rgx:r~g/~ PROGR&~ IE~J~ X~&~ZO~ CO~ - PX~ ~~ T0 B~G~ ~Y 9, 1994 Commissioner Constantine announced that he has discussed with Rob Hainsworth of the International College the possibility of establishing an intern program. He said that this is a opportunity to have more detailed information available to the Board members at no expense. Sues Hedge of the international College, stated that the College has an extensive information research center. He explained that the Paralegal/Legal Assistant program has an internship requirement that could be used to the County's benefit at no expense. Co~ias~oner Volpe stated that it is an excellent idea. Mr. Hedge stated that the next semester begins on May 9, 1994 and six students will be assigned to th~ program. Commissioner Constantine stated that written information will be provided before the pro3ect begins. County Manager Derrill remarked that he would be happy to help Page 28 April 26, Z994 with an orientation session. Comm/~tonmr Conmtmnttnm announced that It t~ the conmenmum of the ~ to proceeai with the pilot pro~rsm. (g2s) mOLOTXOM 9&-298 BrflE~M T~ BCC AND SFlqXIIT/UMXT~D TELEPHOM~ COMPANY OF FLOKXD& FO~ COMTXMUXM~ THE EXISTING ~-91! S/"3TEM - ADOPTED Deborah D'Orazlo, 911 Coordinator, confirmed that this agreement the same as last year's except that It is less costly by .01¢. Commlmmionmr Saunders moved, mmcondmd b~ Commissionmr Mitthews and C.~-ri~d ~/mousl¥, to approve th~ resolution, thereby ~loptln~ !immolation 94-298. Page 29 April 26, 1994 Ricees 1:00 P.M. - Riconvlned 1:35 P.M. Clerk HoffBan replaced EMput~ Clerk B&rblrett! (g80) I~UtCO ZSI,U~D C&BLE. IRC.'$ CaWLE F~Z~CHZ$S &PPLICA?IOI - &PPROVED ~U~YgCT TO CO~DZTZO~ lq~PO~ED BY $TAFT Legal notice having been published in the Naples Daily News on February 25, March 4 and March 11, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was continued from April 5. 1994. Assistant to the County Manager Edwards stated that this Item was continued from the meeting of April 5, 1994 and noted that the recom- mendation of the County Managerts Office remains the same. Ms. Edwards recommended approval of the cable franchise applica- tion, conditioned on the following: 1. A personal guaranty to be signed by the applicant, his wife and W. S. Gaston, Inc. 2. The term of the franchise is three years, ending in June, 1997. 3. The applicant Is to submit the proper documentation with regard to the placement of his facilities, t.e. aerial or underground. Me. Edwards recalled that the Board previously voiced concerns wlth regard to the potential disruption of rtghts-of-way~ experience of the applicant; technical quality of the proposed plan for opera- tlon; and the cherry picking issue. Attorney Tim Lay of Miller and Holbrooke addressed the four con- cerns as mentioned by Ms. Edwards. With regard to the disruption to existing users of rights-of-way, Mr. Lay advised that there has been no evidence of significant disrup- tion tn this regard. He reported that based upon this conclusion, a request was made for Transportation Services Administrator Archibald to review thls Issue and he has Indicated that he sees no problem in the area with the interference of rights-of-way as a result of granting the second franchise. Referring to the experience of the applicant in constructing and Page 30 April 26, 3994 operating a cable television system, Mr. Lay stated that the appli- cants have been involved in sate/lite master antenna TV systems which gives them some experience in the programming and program contract side of the business, however, because of the lack of a track record, the recommendation contains provisions for additional financial security for the County. Attorney Lay spoke to the technical quality and completeness of the proposed plan for operation. He stated that while the proposed plan is not a model and is not perfect, it is more forthcoming and complete than most applications. He remarked that the benefits of competition should be weighed versus the potential disruption to rights-of-way users and property owners. He noted that the best check relating to the technical quality and performance of the system is that the financial protections as contained in the proposed draft agreement and the guaranty agreement provide very powerful Incentives for the applicant to perform. He remarked if Marco Island Cable does not provide adequate service in the view of the subscribers, they will subscribe to Colony. He revealed that Colamy's competition will enhance incentives. With regard to the concern of "cherry picking" or "cream skimming", Mr. Lay explained that head to head competition In the cable industry is not very common. He indicated that he is unaware of anyone applying and seeking a franchise to serve an area comparable to the Incumbent cable operator. Mr. Lay stated that he believes there is one legitimate cherry picking concern and for that reason there are provisions in the draft franchise design to prevent same. He advised if an applicant proposes to provide service to only multiple dwelling units and no single family homes, there would be no chance that the benefits of com- petition In the multiple dwelling units would spill over to the single family homes. He pointed out that it Is for this reason, that the franchise agreement requires service to a small number of single family homes on Marco Island. Page 31 April 26, 1994 Attorney Lay stated that he Is not suggesting that there le any guarantee that competition will prevail or be sustained and tt Is not known where Narco Island Cable will be in two years. He pointed out that this Is the reason for the additional financial protection and the short term of the franchise. In response to Commissioner Saunders, Mr. Lay advised that the franchise cannot be transferred for three years. He explained that the ordinance addresses both transfer of the franchise and transfer of control of the franchlsee. Commissioner Volpe remarked that he does not understand how granting the franchise will promote competition. He Indicated that It appears there will be new companies trying to enter the market place where there are already established cable companies. He noted that most of these start up companies will presumably be under-capitalized and there is the requirement that the customers be served. Mr. Lay explained that one thing this application will do is to give the people on Marco Island the choice of two different cable operators. He pointed out that it is possible that Marco Island Cable may not succeed and the county's Interest should be to ensure there are adequate financial protections and adequate safeguards and reme- dies, If that happens. Attorney Lay remarked if Marco Is/and Cable's franchise applica- tion is not granted, there will be zero competition. Commissioner Constantine stated if other small franchises start up within the next several years, it appears that this would encourage competition county-wide. Mr. Lay concurred. The following persons spoke with regard to this item: Martin Firestone Joyce Teethe' Dudley Goodietie Ken ~uchs Terry Btenstock In response to Commissioner Saunders, Assistant County Attorney Ashton advised that she concurs with the recommendation for approval, subject to the three conditions as outlined by Me. Edwards. Page 32 April 26, 1994 T~ #4 Co~tu~on~r $a~z~ders ~ov~d, to approv~ Marco Isl~ Cable, Inc.*~ In ~er to Co~l~loner Constantine, Attorney Lay reported that the application does meet the standards, a~ required. In addition, he ind~ca~ed that F.S. as we~l a8 the ordinance, red,res tha~ the Board ~e a finding wikhln 30 days of ~he vote. He no~ed that neither the Statutes nor the ordinance ~tates that the applicant mu~t receive an A+ grade on each of the issues. Co~issioner Norris pointed out that currently Harco Island Cable is co~peting ~d whether or not the franchise Is granted, ~hey can continue to compete and expand their competition. He revealed that ~he Count~ is charged to promote effective competSklon. He noted ~s no~ effective competit~on, but ~t ~ cherry picking. He suggested that the ordin~ce should be amended to re~tre that future applica- tions include a ~arger ~intmum area for any ~tart up company. C~el~r ~orrie ~co~d t~ Mr. Lay spoke to the issue of Federal Law. He ca/led attention to the renewal provision of the Cable Act. He noted If Marco Isl~d Cable does not comply with the substantial terms of its franchise within the next three years, renewal can be denied. In addition, he advised that the ~992 Cable Act has been amended and it specifically prohibits an~ county or city from unreasonably refusing to issue an additional competl~lve second franchise. In response to Co~lssioner Volpe, Mr. Lay advised that the findings will be made based on The evidence presented in the app~ica- ~on, statements submitted by Colony and staff's reco~endatlon. ~ss$~r Norris wlt~h~s ~cond. ~se~o~r ~tth~ second t~ ~t~on ~ ~n call fo~ t~ ~et~on, t~ ~tlon c~r~ed 3/2 (Co~i~elo~r Norris ~d Vol~ o~eed). Apr~ 26~ 1994 coo Recemo 2:45 P.M. - Roconvened 2:55 P.M. Legal notice havtng been published in the Naples Daily News on April 10, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Environmental Specialist Barbara Burgsson stated that this item Is a request to construct a wooden retaining wall and backfill with clean fll! to protect an existing swtutng pool and deck. She noted that this property has experienced considerable problems, resulting from the storms of March, 1993 and the fall of 1993. Me. Burgsson advised that the proposed construction is consistent with the variance conditions of the Land Development Code and the Conservation and Coastal Management Element of the Growth Management Plan. She Indicated that staff recommends approval, subject to the stipulations contained in the Executive Summary. There were no speakers. Ccmm/aotoner Conotanttne clooed the public CoBm/oelon~r Volp~ .~v.d, oecondod by Contaolonor lotrio and carFled 4/0 (Commleeloner S&under8 out), to approve CC$L-94-1, thereby adopting Reeolutlon 94-299, pulatlono. Page 34 April 26, 1994 (478) ~ A~D DZSCI~SZON OY t~qJ3POS~D &ccgs$ 14,A,X,~ ~ /'OR LI, CR ~ m AC'I'ZVZ/~ ~ - PROPOSAT, A~rzcOl/ZD trz/'/! C~A~O~S Legal notice having been published in the Naples Daily News on April 10, 1994, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Planner Weeks stated that staff is seeking direction to amend the Land Development Code and Growth Management Plan regarding Access Management Plans (A~P). Nr. Weeks explained that Policy 4.4 of the Future Land Use Element of the Growth Management Plan requires that AIdP be prepared for each of the County's 21 Activity Centers. He pointed out that Included In the Executive Summary is the first draft of those Plans. Mr. Weeks auggeared that the Growth Management Plan be amended to delete the requirement that the AMP be Incorporated Into the Growth Management Plan and place them in the Land Development Code (LDC). He noted that Plan amendments may occur once a year and LDC amendments may occur twice per year. Mr. Weeks Indicated that the Collier County Planning Commission unanimously recommends approval of the amendments. Barbara Cawley spoke with regard to this Item. In response to Coutsstoner Volpe, Chief of Long Range Planning Cacchtone explained that the Access Control Policy requires that Activity Centers have their own AMP. She remarked that the Future Land Use Element requires that they be Included In the Growth Management Plan. She remarked that it is more appropriate to include the AMP in the Land Development Code because everything submitted for development is revlewed to meet the criteria of the LDC. Mr. Weeks recalled that the Planning Commission stressed that there be flexibility to allow minor modifications to occur without amending the AMP and secondly, to make it easier to amend the AMP. Commissioner Constantine closed the public hearing. Page 35 April 26, 1994 Legal notice having been published In the Naples Daily News on April 10 and 17, 1994, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Transportation Services Engineer Muller advised that this item is a request that the Board consider the va;ation of a 12' drainage ease- ment on Lots 15 and 16 in Sabal Lakes Unit 1. Mr, Muller explained that the easement has an 18" reinforced concrete pipe which runs from the street to a lake at the rear of the lots. He noted that several encroachments over the easement have been discovered and these Include a house, pool, pool deck and concrete slab. He Indicated that the purpose of the vacation is to address these encroachments. Mr. Muller etated that Letters of no Objection have been received from Project Plan Review with concerns and the Homeowner's Association. He pointed out that the Homeownerts Association does not object, subject to the conditions of a drafted maintenance agreement. Mr. Muller remarked that one of the petitioners is desirous of vacating more than staff is recommending and therefore, two resolu- tions have been prepared for the Boardts consideration. In response to Commissioner Constantine, Mr. Muller explained that the deck attached to the pool and the proposed wall to be constructed at the end of the deck fall directly on the property line. Page 36 April ]6, 1994 Mr. Muller stated that the Homeowner's Association is the respon- sible party for maintenance and the County would maintain the easement only under emergency situations. Commissioner Volpe questioned how the encroachments occurred. Mr. Muller explained that he believes the builder was trying to save money and did not hire a surveyor and began to lay out the buildings at one end and when he got to Lot 15 he was encroaching with the house and there ~ay have been a blatant disregard for the easements. Commissioner Norris questioned whether there is a mechanism for the owner to post a bond if in the future the need arises to dismantle the pool and deck. Mr. Muller replied that this certainly is an option, and noted this has been previously discussed with Mr. Espostto, the owner of the property where the pool encroaches. Mr. Ralph Esposlto stated that his pool deck encroaches Into the easement and 8" of the north end of the pool encroaches Into the pro- posed easement vacation. He revealed that he seeks to have the addi- tional 8" vacated In order to obtain normal financing and title insurance. In response to Commissioner Norris, Mr. Esposito reported that he does not concur with the Maintenance Agreement since the pipe between the two dwellings is a benefit to the entire neighborhood. He remarked that he does not believe he should be solely responsible for digging up and replacing or repairing the pipe. Commissioner Constantine questioned whether the costs over and above the pool and pool deck could be addressed separately. Transportation Services Administrator Archibald explained that staff could estimate what the differential cost is and this could be the point of the security. He revealed that this will be thousands of dollars to protect the interest of the public and the county from being at risk. In answer to Commissioner Norris, Mr. Archibald stated that the encroachments on Lot 15 can be solved by vacating 2' of the easement. Commissioner Volpe indicated that Mr. Esposito is seeking conyen- Page 37 April 26, 1994 tlonal financing and as long ae there is an encroachment in a drainage easement, the bank will not loan him any money. The following persons spoke with regard to this 1tam: Linda Brtnlcman, representing the Sabal Lake Homeownerts Assoc. John Mueller Greg Wardberg Commissioner Norris questioned whether the Homeownerts Association would concur, if In the event Mr. Espostto indemnifies the Association from any extraordinary costs over and above the costs to do the repairs on the drainage. Me. Brinkman etated that the Homeowners' Association concurs with an tndemn~ftcatlon and a hold harmless from any damage not caused by negligence. A discussion ensued with regard to continuing the public hearing with regard to Lot 16 to provide an opportunity for the three parties to resolve their differences In this matter. 0om~/utoner Const~nttne clo~ed the hearing with regard to ,18. Commiesloner Volpe ~oved, msconded by Coulmmloner Norrim and carried 4/0 (Ccmm/mstoner $aunderm out), to approve Petition AV-92-011, with re~rd to Lot ,15, Sahe! Lake, Unit 1, thereby ~optln~ Re~olutlon 94-300. Com~Lmstoner Volpe moved, ~conded by Co--tsm/oner No~L~ c~rted 4/0 (C~lsslo~r Sa~rs out}, to contln~ t~ disceton rela~ to ~t 16 to ~ 10, 1994. Page 38 April 26, 1994 (2o4i) Lega! notice having been published in the Naples Dally News on April 10, 1994, as evidenced by Affidavit of Publication filed with the Clerk, a public hearing was opened. Ray Bellowa, Planner, stated that the petitioner is requeattng a 7.5 foot variance from the required 15 foot aide yard setback as spe- cified in Section 2.6.21.5 of the Collier County Land Development Code, to install meeting pilings at each end of the proposed boat dock facility. Mr. Bellowe indicated that the ettete located on the west side of Collier Court approximately 900 feet north of South Collier Boulevard. Mr. Bellows explained that the petitioner is conatructtng a new 22 unit condominium with 22 boat slips and wishes to install meeting pilings at each end to support a future boat lift which cannot be accomplished without the requested variance. Mr. Bellows etated that this is a conforming lot of record and no special land hardships exist but a similar variance was granted for the Island Cove Marina, the property to the south of the subject site. He pointed out that several developments in the immediate area have similar variances or less. Mr. Bellows explained that the Collier County Planning Commission recommended approval by a vote of ?/0 sub- Ject to the stipulation shown in Exhibits A and B of the resolution. Mr. Bellows stated that one (1) letter of opposition was received. Commissioner Constantine closed the public hearing. In response to Commissioner Norris, Mr. Bellows explained that the properties on either side of the subject site have ?.5 foot setbacks which was a consideration when the Planning Commission recommended approval. ,00 0@0 214 Page 39 1994 oppooed) to approve Petition V-04-¢, thetoby adop~ng Rooo3u~on 04-302. Page 40 April 26, 1994 (2~44) RESO~,0TZON 94-302 RE FrfZTZONV-94-5, I~ZLLZE BATTLE OF ~-~-~ ~ ~ SIX Z~ (4'6") V~I~C~ ~ ~ ~Z~D Y~ S~ OT ~5 ~ TO ~ ~ SIX 20, 21, 22 ~ 23, BLO~ 40, ~ ~ S~DIVISION, I~~, ~RI~, CO~I~ZXG OF ~0XZ~Y 13,068 SQU~ STZ~TZON Legal notice having been published in the Naples Daily News on April 10, 1994, as evidenced by Affidavit of Publication filed with the Clerk, a public hearing was opened. Sam Saadeh, Planner, stated that the petitioner is recr~esting an after-the-fact four foot six Inch (4'6") variance to the required side yard setback of 15 feet. Mr. Saadeh explained that the single family home is currently under construction. He stated that the petitioner submitted a plot plan to the Building Department that did not depict the appropriate required setbacks. Mr. Saadeh Indicated that the Customer Service Agent, after consulting with the Planning Department, pointed out the deficiencies and the petitioner changed the setbacks and initialed the plot plan indicating compliance with the development standards and Building Permit #93-14765 was Issued. He pointed out that the plot plan originally submitted to the Building Department did not match the spot survey of the lot. Mr. $aadeh stated that the requested variance will allow comple- tion of a single family home on an odd shaped lot that fronts three (3) streets which requires front yard setbacks on three (3) sides, thereby limiting the buildable area. Mr. Saadeh indicated that due to FIdHA design requirements, a smaller single family residence cannot be built within the confines of the required front yard setbacks. He explained that approval of this petition is recommended since the majority of the structure was built prior to error detection and the other circumstances mentioned. Mr. Saadeh explained that the after-the-fact variance foe of 8850 Page 41 April 26, 1994 was deferred by Staff at the petitioners request until the Board determines whether the fee should be waived. Mr. Saadeh stated that the Collier County Planning Commission revtewsd the petition on April ?, 1994 and by a vote of 7/0 recom- mended approval of the petition and waiver of the fee. In response to Commissioner Matthews, Bob Mulhere, Acting Current Planning Manager, stated that the fee was deferred because of con- fusion on the part of both Staff and the contractor. Mr. Mulhere explained that the Customer Service Agent originally required setbacks which were less than 15 feet but upon resubmtttal, the Planning Department Informed the Building Department of the correct setbacks. He indicated that the contractor made the changes to the plot plan but only changed three (3) sides, not four (4), and the contractor con- tends that Staff neglected to Inform him that the fourth side needed changing also. Mr. Mulhere explained that there Is space on the face of a Building Permit for the required setbacks to be filled in but was neglected on this particular permit. In response to Commissioner Volpe, Mr. Saadeh explained that no further construction has occurred since the error was discovered but the vertical walls and roof are In place. Mr. Mulhere stated that from the time the building permit issued and the spot survey is completed, which is usually ten days, a significant amount of construction can be completed. Commissioner Volpe pointed out that it is very difficult not to grant a variance when a significant amount of construction has been completed and the problem needs to be addressed by Staff. In response to Commissioner Constantine, Mr. Mulhere stated that the applicant was made aware of the proper setbacks but a variance would have been required anyway because of the odd shaped site. Commissioner Volpe stated that only a portion of the after-the- fact variance fee should be waived. Commissioner Norris stated that the County needs to change the 222 Page 42 April 26, 1994 mechanism for checking spot surveys before a considerable amount of construction is completed. Com~lssioner Conatanttne cloaed the public hearing. Co~a~s~n~r ~tt]~ew~ ~v~d, uconded b~ Co~~r Vol~ ~ c~ried 4/0 (C~t~ioner ~a~r~ ~t) t~t Petition V-94-5 ~ a~r~, t~re~ ~t~ ~solution 94-302, o~ ~lf of t~ a~ter- t~-fac: fee ~ ~d ~ t~t t~ contractor, ~11~e kttle, ~ tenable for ~nt of ~. c~r~ed 4/0 (Cm~se~o~r 8a~r~ ~t) t~t Staff ~ d3rected to pre- ~t to t~ ~d t~ ~t o~r~W ~ co~t~t~on for t~ ~t ~ to oc~. 000-, 223 Page 43 April 26, 1994 (3~87) ~ OY C~ C~88Z~'8 C~C&TXO~ Commissioner Norris inquired as to whether the Com~unit¥ Park building located in the Vineyards will have a metal or shingle roof. County Manager Dotrill /nformed the Board that the contract was awarded with a standard shingle roof but that a Change Order can be negotiated for a metal roof and will increase the contract amount by approximately $?,O00. Commissioner Norrta pointed out that low maintenance and a 30 year life expectancy are worth the extra expense. It w the con~ of th~ Board that ¢ounty l~z~G~r Dotrill negotiate · Ch~n~e Order to th~ contract for · mmt&l roof. T&~e ,5 Commissioner Saunders etated that the City of Naples has requested that the County consider sharing the expenses for events that are of County-wide benefit. County Manager Dorrtl! stated that there are three (3) events that the City would like the County to assist with, l.e, the Taste of Collier, 4th of July fireworks display and the main Swamp Buggy Parade. Mr. Dorrlll stated that an Interlocal agreement to address the particular issues should be drafted to assure that the County obtains the most cost effective proposal such as utilizing the Shertff*s Office on-duty Community Service Aides in lieu of a Naples Police Officer on overtime for a special assignment. Commissioner Constantine indicated that the County hosts eventa that benefit the City and sharing the costs of capital projects is more desirable than keeping track of the cost of each little event. He pointed out that members of the Shertff's Office have been present at the 4th of July fireworks display in the past. Commissioner Volpe pointed out that the Taste of Collier is not a City sponsored event but is presented by the hotels and restaurants. Page 44 Apr/] 26, 1994 It ~lo tho conoensus of the Board to participate with tho City in · o. Commiutoner Nortie moved, eeconded by Commioatone~ Volpe and C&TT~odmM~iBouol¥, that the following ~temo under the conoent agenda be mppm-ovid az~d/or adopted: ''° Zt~16&1 See Page ItlSOLUTZON 94-287 &UTKORZZZNG FZMAL ACCKI'TAMCK OF /*KOSE ROSY, DRAXIEA~, WATKR AID $L'I~R ~ IN IVELZCAM BAY UNZT TWI:LV~ (B/~TDGESTOIg COURT), RZT,,LtSE OF 'F~ MAzIrfKMAMCE SECURITY, AID ACC~FTZN~ ~ KAZrII3U~C~ RESPORSZBZLZTY FOR TH~ ROADWAY, DRAINAGE, #ATN~ A~D SgM~3~ ZMi'R~ T~&T ARg lOT P~UIRL'D TO B~ I~lk/rfAIZl~D BY T~ ~O~OMN~N~ &~SOC/ATZOR See Page Ztem#16&3 RESOLUTION 94-288 A~'HONZZZNG FINAL ACCKFTANU~ 01 THOS~ ROADWAY DRAZNAaK, MAT'KRARD SEWER ZMPROVKMKITS ZN DIZRALD L&KES AT BRZDGET LAEEUIZT 5, I='HASES 3-&AND S-B, RELLI. Sg OF TH:K MAZITKIAICE ~CURZTY, AID ACCKFTZNG THE MAZITI31AIC~ JLr~I"'OIS/BZBZTY FOR THE ROADWAY, DRAZIAaE, RATKlq AID SEMER ZMI'R0~ THAT ARE ROT REQUZRED TO BE MAIITAII'KD B'Y THE HOJ(EOWRERS A$SOCZATZON See Page c~ J/ Ztem ~16A4 RISOF, UTXOM 94-289 FROVZDXN(J FOR JI~SI$SM~FT o1 LZ~I', FOR THE COST OF ~ &B&TIMI3rf OF FUBLZC MUZSJLMCK, COMPLZ&MCI SERVZCKS C&SZ IO. $0525-067, KECORD OWRI3q: MAURZC~ TR,EMBL&Y See Pages J~....~-' o~_~ Ztwm#16A5 RESOLUTZOM 94-290 FROVZDZRG FOR &,SSESSMZ]rT 01 LZKM, FOR THI COST OF TH~AJ&TEMI31T OF FUBLZC MUXSAMC~, COMln'LZAMCK $KRV/CE$ I0. $0529-0?4, K~COED oM~r~R: $0EANNA M. FRZNDIVZLL~ See Page. R~SOLUTZOR 94-291Z'ROVZDZNG FOR ASSESSMg~f OF LZEN, FOR TH~ COST OF T~ A~A/IM~NT OF PUBLIC NUISANCE, COMPLIANCN SERVICN$ CASN NO. 30707-021, RECORD OWII:R: RUTH &]iN MUT.,L&RKY Page 45 April 26, 1994 Zteme16A7 See Pages RI~OLOT/ON 94-292 PROVIDING FOR ASSESSMI3FT OY ~-IKI, FOR THI COST OF THE ABATIMEIT OF PUBLIC IUZSANCE, COMPLIANCE S13~VICES CASE NO. S0202-012, ~ eMbER: COLLI~ ~I&L DEFELOPMEIT CORP. Item e16C1 See Pages BXD NO. 94-2171 AM&RDED TO&CCU~AT~ TENNX8 C00~/~8 OF BOCA~J~TON, FT~TD& XNT~ &MOUNT OF 827,200.35 FOR ATHLETIC COORT I~ESlTR~ACXNG AT VARIOUB COLLIER COUNTY PARK SITES )lOTICE OF PROM/BE TO PAT AND AGREEMENT TO EXTEND PATMKIrT OF M&TERJUrD SEWER Z~A~ ms ~R I~ RITA ~Z~ Item ~16D2 Ztem ,16E! - M~ved to Item ~8E2 Item ,16~1 M/D-YEAR &~a'~S~3~3ITS TO PIi~ RID(JE IIrD~BTR/&L PJLRJC M.8.T.U. B~FDG~T, ~ 140, AN 13rCREASE 13r THI AMO~J~ OF 82,000 Item #1602 FUND X41, AN INCREASE IN THE AMOUNT OF 8700 M/D-FBA~&D31~STME)ITS TO ~&CTORIA PA~EDR&INACE M.$.T.U. 134, A DECRE&SB OF 810,300 TRAVEL KI&~]EST FOR OZORCE BARRON, CH~TIOLU~ OF THI COLLIER COUNTY AIRPORT AUTHOItTTY, TO ATTEND THI 'AIRPORT BOARD MIXBERS AND COJOfIS$IOJFglqS SESSION" MOIqESNOP AS WELL AS OTHER AIRPORT MORESHOPS AT OO0 22G ~ 46 AprA3 26, ~g94 TKE AIIUAL AMIIICA~AS$OCIATZ0X 0F AIRPORT I:XICUTIVES COIFKRK]~ AB'D KXPOSI'TZON, SEATTLe, ~, MAY 28-18, 1994 Item#1611 RESOLUTZON 94-293 KECOJOIENDIIrG THAT THE GOVERNOR AFPO~ OF JEINIFI:RK. r, OCEXRBTTO THE BOARD 01COJMISSZOI'KRS THE ~WATERAID SEWKRDZSTRZCT See Pages c:~_~ ~tem~163 The following mtacellaneoue correspondence was filed and or referred as presented by the Board of County Commissioners: 000-,:227 Page 47 April 26, 1994 Item ~1~E1 I~g OF CONFISCATED TRUFf FUND~ IN T~ ~ OF $6,000 TO PURCHASE ~FECIALIZED ~"~ZCES TO ASSIST IN AN ON-GOING NARCOTICS INVE~fIGATION BYTeCOLLIeR COUFI~ SHE~IFF'S OFFICE Item e16E2 - Continued to Meettn~ of May 3, 1994 on ReGular Agenda There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 4:20 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL~II~T. RICTS UNDER ITS CON,~ · ~eee '~Jnutes approved by the Board on as presented or as corrected Page 48