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BCC Minutes 01/25/1994 R Naples, Florida, January 25, 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 i'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 ~GULAR SESSION in Building i~F". of the Government Complex, East Naples, Florida, with the ,~'following members present: PRESENT CHAIRMAN: VICE-CHAIRMAN: Timothy J. Constantine Betrye J. Matthews John C. Norris Michael J. Volpe Burr L. Saunders John Yonkosky, Finance Director; Sue Barbirett! and Marilyn Fernlay, Recording Secretaries; Nell Dorrtll, County Manager; Ken Cuyler, County Attorney; Heidi Ashton, Assistant County Attorney; Tom 011iff, Public Services Administrator; Leo Cobs, ~Admlnietratlvs Services Administrator; Tom Conracode, Office of · Capital Projects Management Director; Tom Whitecotton, Human Resources Director; Jeff Walker, Risk Management Director; Wayne Arnold, Chief of Planning and Engineering; Robert Mulhere, Current Planning Manager; · ~i'i~San~ra Taylor, Real Property Director; Michael Dowling, Real Property i SpeoAalist~ Mike McNees, Office of Management & Budget Dlrector~ Dick Clark, Acting Community Development Services Admtnistrator~ Ron Jamro, M~ssum Director; Ron NAno, Planner; Sue F//son, Administrative Assistant to the Board; and Deputy Dennis Huff, SherAff's Office. Page $anuar¥ 25, 1994 !.~" ¢onnieeloner Nettle moved, eeconded by Co~aleelone~ Volpe 'and. carriedunantaouel¥, to approve the agenda with the changee ae detailed on the Agenda Change Sheet. Page 2 - aL~:~RO~I:) ~M~D/OR M301~I~D 3anuary 25, 1994 "!. .....Th~ Betion for approval of the consent agenda is noted under Item Co~ioeloner Saunders moved, seconded by Coniealoner Norris and c~rrled unanimously, to approve the Minutes of the Regular Meeting of Januar~ 4, 1994, Special Meeting of Januar~ 5, 1994 and Regular Me~ting of Januar~ 11, 2994. (238) ~B~3Y~I SKRVXCE AMARDS - PRESENTED .:.-.~ Commissioner Constantine congratulated the following employees and presented their service awards: Herbert L. Luntz, Veterans Services, 10 years M~chael R. Newman, Utilities Water, 10 years Robert E. ~onee, Facilities Management, 5 years Robert A. Reader, Utilities Water, 5 years George M. Gulley, Facilities Management, 5 years - Not Presented '(2oo) .!~. ltea #4¢ PHOENIX AMARD PRESENTATION - PRESENTED .~.!'; Co~missloner Saunders stated that every 6 months the Board honors .i,the Emergency Medical Services (EMS) Staff for all their good work. :He noted that Collier County has the best EMS service in the State of Florida and possibly the Country. '?,~','~ ~'."Co~atseloner Saunders recognized that the Phoenix Award Is named :~&'f'ter ~ mythological bird that consumed Itself by fire and rose onewed i~:from the ashes. He pointed out that thio symbol has been adopted by the Collier County Department of Emergency Medical Service8 to ilrecogntze those paramedics who through their skill and knowledge euc- :essfully revived an Individual known to have suffered a cardiac ,.,'. ,' Page 3 January 25, 1994 · arres~ death. He Introduced Jorge Agutlera, EMS Field Resource and requested that he announce the names of the recipients: Monica Smith Christine Mul lenders Anita Russell John Katzenberger Alan Pitts Paul Wilson Mauresne Mathews Theresa Oftengram William Pepltnski Ann Hare Juan Ortega Mark Willis Steve Rockey Roger Jarvis Richard Bardell Walter Kopka Douglas Roberts Melitta Beakbane Kevin Potter Commissioner Saunders offered sincere appreciation and conGratula- · ':tiens from all the citizens of Collier County. PUBLXO.~AGENCXES OF COLLIER COUNT~ - R~COGNIZED ~ ..... Commissioner Matthews recalled that on January 11, 1994, the public safety agencies in Collier County pulled together to search for ,j*: almlssing 18 month old little Girl who had wandered away from home. :.*.'She announced that on behalf of the Board of County Commissioners she ~i?,,-~ ... wou~d like to present 'appreciation awards to the representatives of each of the public safety agencies involved in the rescue: Chief Don Peterson - Golden Gate Fire Control & Rescue District Firefighter Rtta Greenberg- Big Corkscrew Island Fire Control & Rescue District Supervisor Theresa Ortengren - Cell/st County Emergency Medical Services Chief Pilot Peter Bolton - Collier County EMS Helicopter, Mad- Flight 1 It. Bill etAess - Collier County Sherlff's OffAce Capt. Wayne Graham - Collier County Shsriff's Office Capt. Jim Sanders - Collier County Shertff's Office ..(sog) rteu- ~ 9&-153, 9&-162 AND 94-168 - ~D Commissioner Saunders moved, seconded by Commissioner Volpe to adopt Budget Amendments 94-153, 04-1e2 and 94-168. :,'.. Upo~ call for the question, the mot/on carried 4/0 (Con/esIoneF rrAo 'out). .!XNT~IM FINANCIAL INFORMATION AS OF DZC~MBER el, 2OOS - PRESENTED Page 4 January 25, 1994 .Finance Director Yonkosky reported that this Item is a ~Anterta financial report for the first three months of the year. Re .~:':stated that included in this report is a 3 Month Actual Budget Report for the General Fund, a 3 Month Actual Budget Report for the Unincorporated Area General Fund, a 3 Month Budget Actual Revenue Report for Impact Fees, a 3 Month Budget Actual Revenue Report for r. ocal Gas Taxes and Major Intergovernmental Revenues and a schedule of cash by fund as of 12/31/93. ~i"'- Mr. Yonkosky explained that the overdraft for the Operating Account depicted on page 12 is due to the fact that December 31or fell on a Friday and the State Board of Administration was closed, there- '.'![.fore, "the float" was taken advantage of and a number of debt service ~: .payments were due on January let, but the money was not transferred -down from Tailshesse until the following Monday. '3 ~', .~ Commissioner Volpe pointed out that the expenditures for the .Administrative Services and Public Services Division this year are An excess of what the expenditures were at the same time last year. He asked for an explanation. Budget Director McNees explained that Atems issued under the term contract, such as purchase orders, may be opened for a full years' worth of purchases, if An the first month a great deal of purchases are made, they would appear to be a large expenditure but would be a one time expense. ~y ~ Finance Director Yonkosky declared that under the governmental ,g structure, if a commitment is made to spend a certain ~u~ount of money, that money must be restricted. In response to Commissioner Volpe, Mr. Yonkosky replied that the difference in the amount of Other Transfers was due to fact that the Board collapsed a 1 mill Capital Fund Into the General Fund for tax purposes, therefore, large transfers out were necessary to the Capital Program. F/hence Director Yonkosky explained that the significant increase ~' An the Cable TV Franchise Fees budget and the modest increase An reve- Page 5 January 25, 199,1, has come about because most Cable TV Franchise contracts must their payments before March. He said ~ha~ ~i~hAm the ne~ ~ew a large increase will become apparent. Xn response to Mr. Volpe's question, Mr. ¥onkosk¥ confirmed that the $12.50 surcharge that has been established for our 800 MHz system will be reflected in a Trust Fund which is not shown on this report. "~He indicated the the Trust Fund is shown on the Annual Financial '-Statements. A~MKNT B~fWEEN COLLIER COUNTY AND TR~ NORTH NAPLES FXR~ '.CONTROL AND RHSCUE DXSTRICT FOR COUNTY OWNED PROPERTY LOCATED #ITHXN PELX~NBAT P.U.D. - APPROVED :..' Sandra Taylor, Real Property Director, reported that Staff is ]seeking direction concerning certain terms and conditions, specifi- the payment of rent. She announced that the Executive Summary includes a letter from Chief Jones objecting to any payment of rent · for the subject property. She reported that the District intends to i'construct at their own expense a three base station on a County owned ,In response to Commissioner Saunders, Ms. Taylor indicated that (~'the Golden Gate District is the only County owned District. She ·explained that the site was conveyed to the County and the County built the facility. (~Conlsstoner Volpe questioned why the County would want to gs by charging rent to an Independent F/re Control and Rescue : D/strict. .,; Me. Taylor replied that this is a policy decision the Board of '~ ~ty Commissioners has to make. Constantine commented that there is no cost to the to own the land and to charge rent to the District taxpayer 'would be unnecessary. Commissioner Saunders stated that it seems that the majority of the Board is opposed to charging rent. He suggested that the site be Page 6 ~d~&t.a nomin·l fee ·nnually, January 25, 1994 The following people spoke on the subject: Lind· Lawson Jim Jones Ns. Taylor revealed that if the Board chooses to charge · nominal fee,' Staff is recoeuaending that a provision be added to the Lease stating that the District complete the construction of its facility ~.. within · stipulated period of time to ensure that the property does ~ not ~remain .vacant. Com~issioner Norris st·ted that this is the first instance where County o~ns property that has not been donated to a Fire District with no fee. He reported that all the others have had some financial .:Involvement. He concluded that in the interest of consistency, some ,rent should be charged for this property. ;!]u .' 0omaAss~onsr Volpe ~oved, seconded by Commissioner Saunders, to i"dlrect Staff to prepare · Lease Agreement between Collier County ~nd the ~orth Naples Fire Control and Rescue District with · provision of · ,ln~u~ tsr~ of 30 years, with autouric renewal, at a rental fee of $1.00 ~nnually, ~nd that the building be constructed within t~o years. Upon call for the question, the ,etlon carried 4/1 (Coalsstoner ~ Norris opposed). ;.~...,,(` Nrs. Taylor Indicated that she would prepare the Lease Agreement return with same to the Board of County Co~u~tseioners. Page 7 ~anuary 25. 1994 (x42g) 94-32 RE SELECTED SECTIONS OF THE PERSONNEL RULES AND ~ltt~UL&TlO]rS -ADOPTED Tom Whitecotton, Human Resource Director, reported that thio Item ~is & continuation of an Item submitted on September 30, 1993 and !~December l, 1993. He commented that these are manor revisions. ~f'"~" Co~iaatonsr Volpe ~ovsd, to approve the revlslon~ o~ the '.:" Psrsonnel Rules ~nd Re~lat~one. In response to Co~tsstoner Matthews, Mr. ~ttecokton explained that the re~latlon ~That vacation accrual may be extended from 240 )360 hours when deteraimed to be in the bes~ Interest of the Co~yn, 'basically forma~zes ~be prac2~ce of an e~p~oyee who has no2 been able : ~o 2~e vacation ~n ~he course of ~he year. s~gn~ng an agree~en2 s~pu~a2es ~ha~ 2he employee wl~ ~ake a~ ~eas~ 80 hours during g year ~n order ~o decrease ~he vacation amo~, · ~,~ C~~r Con~t~ne ~econded the ~o2~on on the Co~ssloner Saunders remarked that he has previously discussed ],'~, the potential for personnel rules dealing with hearings for Department whose employeats are being terminated. He a~ounced [,-, that he has received information from the County Attorney regarding '-.th~s ~d confirmed that the ~ssue would be brought before the Board ~.eoon. .... .,.. ~ call for the ~elt~on, the aot~on carried '~~,~t~ng Resolution 94-32. Page 8 Jeff Walker, Risk Management Director, recalled that the Board '. directed Staff to consider retiree health Insurance premium payment alternatives. He reported that according to Florida Statute, the ~.-Board is required to offer group health insurance coverage to its ~['.retIrees at a cost not greater than the group rate, however the Board ~.i!:ls not required to contribute to this coverage. He confirmed that ~[there are currently 22 employees covered under the plan, 19 of those ~employees carry single coverage. Mr. Walker recommended the following options; continue the current policy of not contributing toward the cost of coverage, contribute [..toward single coverage, or Implement a single and spouse rate. He explained the fiscal impact of these options. Commissioner Matthews asked If a Medt-Gap policy could be provi- ded? ,(; , Mr. Walker contended that a true Medi-Gap policy only picks up the ,difference between allowable Medt-Care charges and what Medt-Care He said that the County policy coordinates with what Medi-Care He acknowledged that the State offers a Medl-Gap program and reported that retirees are directed to the State to get that policy if choose it. ~<'?iCo~AsaIoner Yelps ~oved, that the Board continue Its policy of not contributing toward the cost of coverage of health insurance for ~(,. retirees. Seconded b~ ComaIesioner Norris. Commissioner Constantine commented that he has no interest in changing the policy for those who have already retired. ..~. , Commissioner Matthews pointed out that the poss~bility of offering :'a single and spouse rate would save the retirees approximately $120.00 : per month. She encouraged the other members of the Board to make this :::i change. ? ....¢ouIssioner Yelps moved. to Include single and spouse rate into Page 9 1~, i~ot.ton m'~Xd~ tl~t m group rata [~?~¥ae~te6 .~tho~t an~ D~ob~ea. He riotea that the "';' 4etermAne4. 7,. Col~lll/oner Vol]~ moved, that the Board continue contributing toward the colt of the health Insurance of the CoGmty'a retirees and direct St&f£ to explore opportunities for better rates for spouse ae opposed to depondant rate for retirees only. Seconded by Comiasloner IorrAI. Commissioner Norris announced that he could not support the motion the policy is changed to cover current employees. ~,~i[ ~' Commissioner Natthews pointed out that the County pays :.!' coverage for its employees and the employee pays for family coverage at a rate of approximately $90.00 per month as opposed to. a retiree ~: ~,' I!i~!~ . paying $500.00 per month for family coverage. .. Co--l,sioner Norrta suggeeted that if tho Co.nty !}:!'!:;:.:' recommended that the Board not Implement . tiered rats at this time -':because , triple option policy has ~ust been Implemented. Commissioner Volpe clarified that his motion for single and spouse coverage Is for retirees only ~ith the stipulation that the Board I~?~ Could cons~de~ making ~he same available to cu~en~ employees ~n ~he !~,~-: ' . In ~esponse ~o Comm~es~one~ ~a~he~s. County A~to~ney Cuy~e~ con- ,... ~ call for ~he ~stAon~ the ~lon carried ,-~::::" ;': Page 10 January 25, 1994 Leo Ochs0 Administrative Services Administrator, stated that the Boars requested additional information on ~hl lease agreement. and ;~.'.::~'provldad a brief chronolo~ of events. notlng ~ha~ in 19aa ~he orlgl- na~ lease agreemen~ was s~gned and l~s~ed as one parce~ but ~nclude. bo~h Lo~ 1 and Lo~ 2. He ~a~ed ~ha~ ~he She~ff's Office cons~c~ed 'a fuel d~spens~ng fac~y on ~he p~ope~y ~h~ because bo~h ~o~s had been used fo~ ~he pas~ 10 yea~s ~ha~ ~he ~ease included bo~h lo~s. He reported tha~ In Au~a~ 1993. the Real Property Department was not~fted by the o~er that a portion of the facility encroached on Lo~ 1 and requested lease payments because they concluded that this resulted in a misunderstanding between the two .agencies. ' Crystal Klnzel, Finance Director for the Sherlff's Office, revealed that the Sherlff's Office did everything possible to see that the facility be constructed with proper approval and required permits. In response to Commissioner Constantine, Ms. Kinzel replied that the Sherlff's Office did not seek approval for using both lots at no additional charge because they were unaware that there were two addi- tional lots. Mr. Ochs confirmed that written communication confirms the per- mission from the owner. He reiterated that this Is an honest mtsun- g by the Sheriff's Office because both lots are depicted as i:~;,.r one parcel, therefore, the contractor had no reason to suspect that he could not construct the facility. Commissioner Constantine disagreed with the assumption that because one parcel is owned by one person that it is all applicable on /ease. · Ms. Kinzel announced that equal responsibility Ja shared between -'.~ths $herIff's Office and the Real Property Department. In response to Commissioner Norris, Mr. Ochs replied that the lease does not define the dimensions of Lots 1 and 2. He stated that it refers to Lot 2 but does not define the property lines. 70 Page .,!!!:: 3anuary 25. 1994 .'a Commissioner Saunders interjected that aside from the fact of who :.:is, responsible, the problem must be resolved. .Commissioner Volpe expressed concern regarding the fact that the [:.Shertff's Office has been using both lots for the past 10 years and the owner granted permission to construct a permanent facility on a 'part of the lot knowing that it will cost $36,000.00 to remove It. Ms. Kinzel clarified that the cost of removing and reconstructing ;"the facility would be $9,000.00. She confirmed that the Shertff'a ?/Office also feels that the property owner was aware that the facility encroaching on the other lot. '::~"' In response to Commissioner Volps, Heidi Ashton, Assistant County !i.'A~torne¥, stated that tt appears that although the Lessor has con- ii,.~'ientsd to the use of the other property for 10 years, If the Lessor ,~i decides that he wants to lease the vacant land to someone else, he can request rent from the County. ]j~lJ,, Me. Klnzel confirmed that for a total of $9,000.00 the tank can be I!~i~'~:-' removed and placed in another location. !~.-~.~:~j..'..~ In response to Commissioner Constantine, Ms, Ktnzel stated that ': the Sheriff's Office did not build the tank with the anticipation of moving It, but because of all that has transpired and the escalation clause, to pay $31,500.00 for that amount of space is most likely I~%?~'.:excasslve, She mentioned that there Is another facility in the same "~' a ' I~.~::~:0 . res that has potential for relocatton. She believes that the possible ac~tsltlon of this ffactltty should be pursued before the ' In r~spona~ to Coviastoner Norris, Mr. Ochs r~port~d this tsa , ne year lease ~ith a one year option. !,~'[/;~.~:;~ / .',~l.l~e, Norris .ovid to .xt.nd th. L... Agr....nt for on. '~ f~ ~t I ~d direct Staff to deaoltsh the retaining ~11 ~d r~ t~ t~ ~d ~gln to ~r~e a n~ location for the facility. Me. /lnzel agreed with the motion and stated t~ediately that to vacate the property would be Impossible. Manager Is facility '-,: Co~ty Dorrlll stated that there a on County Barn Road that could be used to store the Sherlff's vehicles. ';'-[i ' Commissioner Volpe announced that although this le a one year ~;~clese,; he Is not in favor of the escalation clause that Increases rent 5~ per year. C~lee~er Vol~ ~econded the sotIon on the floor. Michael Dowling, Real Property Specialist, advised the Board that ..~i~'~.~;::lt is his understanding that the property owner will not agree to a ~:~,~Leaae Agreement for only Lot 2. :f~)}[~j~'? ' Ns. Taylor announced that Staff recommends that the Lease '~[~[/~/:[[[:(;. ~Agree,ent be approved so that the Sherlff', Office will have ample tl~e to relocate. ~:~:~:f.::': In response to Coutssloner Constantine, Ms. Taylor replied that  ;'[(:;::'the total cost of the Lease t~reement for both Lots 1 and 2 would be $36,500.00, ~htch includes $5,000.00 per year for the fuel system. C~lsstoner Vol~ wlth~ his second ~d Coalssigner ~orrls t~ ~d a~r~ ~d exerts a Lease A~ee~nt with ~. ~oee a. Nos, XX, to all~ the 5~riff'a Office to re~An there for one ~ar ~d di~ Staf~ to ~e ~ altersstAve locatAon for both the garage .:. In response to Commissioner Saunders, County Manager Dotrill :~:f~:~;:~'replled that the possible use of the County Barn facility ,ust be eva- justed by the Shertff's Office. Co.iss,oner Saunders suggested ,ha, if the Lease were not approved, ~ eviction notice would give the Shertff~a Office 60 or 90 .~:':.a:days to move. I~:,!?. ~ ~ till for the ~sstlon, the lotion carried · ,~ " January 25, 1994 ~[i.<,,.~ ,.~ es RocHa: 10.-31 AM - Reconvened** 10..45 AM At this time Recording ~.,'~%,;.'~ :- ~t~ry Fernlay replaced Recording Secretary Barblrett! '~;"': ~~ R~ ~ ~GOTIATED S~l FOR ~64,545,000~ ~ION OF ' ~ ~~ CO~CT WI~ ~I~ ~, SH~SON, INC., ~ BRO~ & SOLS, IN~. AND WILLIAM R. HOUGH & CO., INC.: APPOINTMENT OF FIRST UNION AS ESCROW/PAYING AGENT; APPROVAL OF OFFICIAL STATEMENT AND ~XECUTION OF KSCROW DEPOSIT AGREEMENTS - ADOPTED Financial Advisor Marc Samet of Raymond James & Associates, Inc., stated that on January 4, 1994, the Board of County Commissioners District Bond Issues, I.e. Series 1985 which was to be done on a taxable basis to maximize savings, Series 1987 and Series 1991. '~!',%',':- Mr. Samet ~nformea ~ha~ due ~o restructuring techniques and favorable marke~ conditions, they were successful In completing pricing on Friday morning. January 21, 1994, resulting In an issue ' e of 545 Samet stated that the present value savings .$tz $64, ,000. Hr. ':~Q~::: .'as a result of these rates Is Just under $4.5 million or $8.4 million ] ::~T:.:":;,'ln gross dollars between no, and final maturity on July 1, 2021. ' Mr. S~et explained that the present value saving for the ?refunding is ?.7 percent which exceeds the target minimum of 5 per- P n 5 ~'?~!)- ' Mr. Samet Informed the Board that there were few Florida issues on t:~]~,'the market last week for comparative purposes. Hr. Samet stated that ~;:~.~tha State of Florida, Board of gduca~lon, Capital Outlay General 0bitgerman Issue was sold on a competitive basis two days prtor to the Co~ty', marke~ date and has a t~ exempt y~eld Just slightly higher · '~::~:'~/~,':.~th. the Collie, County Series ~994K Bonds. Mr. Samat explained that .,, . ,.. ':,,::.:':~:the ~ rating on a State Issue often trades slightly lower Interest :~?/~ rates th~ a locally Insured ~ ra~ed ~ssue. Mr. Samat ~tated ~ha~ January 25, 1994 enabled the underwriters to reprice between 5 and 10 basis points ~][~0~.~?,lo~r for each maturity other ~han the 1985 Issue. unde~r~ters d~scoun~ ~s $8.55 ~ross spread through $1,000. Mr. S~e~ explained tha~ the three (3) components are the takedo~ or sa~es co~ss~on at $6.30 management fee to the Sen~or Manager at $.90 ~d va=~ous expenses amounting ~o $1.35. Mr. S~et 8ta~ed that advertisements were placed in the Naples Daily News and Fort Myers News Press. '.'~'~/' ~, Mr. S~et exp~ained that the ~otal coo~ for Issuance As $200,000; Bond Co~sel Fee is approximately $1 per bond~ Financial Advisory fee Is approximately $.75 per bond= and miscellaneous costs equal approximately $13,000. In response to Co~/ss~oner Constantine, Mr. Saner ~nformed that ~,~ the $.25 per bond for structuring represents restructuring of the ~ Issue to fit ~he market Instead of waiting for ~he marke~ to fat the J~es ~d Associates, Inc. worked w~th Bond counse~ and the underwri- ters to develop a s~ructure enabling them to shorten the life of the : t~able 1985 Series refunding issue and wrap around the Series ~98~ [ ~d 1991 issues. Mr. Samet stated that the additional modeling pro- cesses went beyond its ant~cipated worth and he wanted to ac~owledge A~s worth rather than including it in the Managemen~ Fee. In response to Co~ssioner Saunders John Yonkosky, Finance ~.~:~ .. Director/Deputy Clerk, stated that he and Mr. MeNess of the Budget 'Office were involved An the negotiation of the fees and they feel the fees are reasonable. M~. Samet e~ated that ~he $6.30 ~akedown fee ~e typ~ca~ because .'t~e~s were negotiated for both the t~able Ser~es A bon~s and the ;~'~? ;' at the o~e t~me. t~,~:,~ ,; Mr. S~e~ 8ta~ed tha~ ~he Ne~ Preoen~ Value Savings ~n November, . ~99S w~e $2,S50,000, ~n December, 1993 $2,645,000 and ~n Janua=y, 1994 January 25, 1994 ,r. S,m.t .xpl.tn.d that .~:(~["~'~Cause the three series were refunded together and the transaction '~':~'"~::thak they wrapped around was structured, thus realtzln~ an additional $600,000 ~n presen~ value sav~n~s. ~. M~ke McNees, Bud~e~ Director, stated that the sav~n~s actually ~represent approximately $8 million less than the utility customers will pay In the next 20 years. m; "): Co~tssloner Volpe stated that the ability to successfully refl- :~:n~ce .these Issues indicates the financial soundness and efficiency of ':~:'~he Oo~ty'a ~tlltttes Department. ~tt~ :.~..Toa llbltn ol Nabors, ~tbltn ~,:;?[['Co=ty Coatsstoners will be functioning as the governing Board of the ?~.[Colller Couty Water/Sewer District if ta, ~oard proceeds with this Issue ~d adopts the Resolution. Mr. Gtbltn explained that the reso- [lutlon contains the actual terms of the bonds; i.e. Interest rates, redemption privileges, rights of registration, etc. Nr ~lblln stated that the clostn9 Is scheduled for February 15 and 16, 1994, north9 that on February 15 the documents will be executed and on February 16 the f~ds are wired from Smith Barney to the Collier County account. Mr. ~lblin explained that letters of representation will be sent to.the bond holders rather than bond certificates. Mr. Gtbltn stated that the letters act as notices that the person is a beneficial holder of a percentage of that particular bond. ~~i~r Norris ~oved, seconded by Co~lsstoner Sanders ~d C~ ~~1~, that Resolution C~ Nater/S~r District refudtn~ ~nds by negotiated sale for $[~,14~,~0~ ~tton of the contract with Salth Barney, Shearson, Inc., Ale lr~ & Sons, Inc. ~d Willie R. Hough & Co. a~~t of First Union as Escrow/Paying Agent l approval of S~ders ~oved, seconded ~ Coalsstoner Vol~ ~d authorize pa~ent of e~ndl~res ~d the January 25, 1994 REQUEST TO EVALUATE A NEW ARTIFICIAL REEF RESULTING FROM THE 'RENOVATIONOF ~ULF VIEW MIDDLE SCHOOL - STAFF TO PERFORM ECONOMIC ANALYSIS AND R~PORT FINDINGS TO THE BCC Commissioner Constantine stated that work will commence at Gulf View Middle School soon in conjunction with Collier County's imple- menting an artificial reef program. Commissioner Constantine informed that he asked Staff to complete a brief cost analysis and it appears that a more detailed study is required. Commissioner Constantine disclosed that the initial analysis indi- cates it will be more cost effective to clear the materials removed from Gulf View Middle School and barge them to create an artificial reef than to haul and dump them at the landfill. Commissioner Constantine stated that it will be to the benefit of everyone as well as saving money and eliminating more landfill. Commissioner Constantine requested that the Board authorize Staff to complete a more in-depth study/cost analysis and to work with the School Board to complete the project. Bill Lorenz, Environmental Services Administrator, stated that the economic analysis hinges on the use of the Grant which was received from the State. Mr. Lorenz informed that recently Collier County has been successful in securing a $25,000 grant which does not require matching funds. Mr. Lorenz explained that the current 1994 grant must be expended before June 30, 1994 which may not fit the time frame for demolition at Gulf View Middle School. Mr. Lorenz stated that Collier County could recommend to the State that the 1995 grant monies be uti- lized for the reef project if the school board is able to hold the materials. Commissioner Constantine stated that the construction and demoli- tion is scheduled as a stepped up process at the school so it may work into their calendar. Commissioner Volpe stated that the concept is excellent as the renovations are a Joint effort by the City of Naples and the Collier Page 17 January 25, 1994 County School Board. Commissioner Volpe explained that the cost of hauling and fees for landfill has most likely been factored into the cost of the work which could mean a reduction tn cost to the School Board or the City of Naples and Collier County will receive materials for the artificial reef. Commissioner Volpe questioned the level of participation by the County because the County will lose revenues at the landfill and it will cost taxpayers money for barging the materials to the reef site. Commissioner Constantine explained that a transfer could be made from the funds that come into the landfill into the artificial reef programs by budget amendment or morley could be requested directly from the school board but this needs to be discussed and decided by the Board in the future. Commissioner Constantine stated that he is requesting that the Board direct Staff to work with the school board to determine economic factors. County Manager Dotrill stated that Collier County may assume the responsibility for barging the materials but would be compensated through a combination of funds that would otherwise have been tipping · fees or through a State grant. Comuiesioner Volpe moved, seconded by Commissioner Norris and carried 4/0, (Commissioner Saunders out) to have Staff perform an eco- nomic analysis and report the findings to the Board of Cottnty Co~alee~onera. DISCUSSION REOARDIN6 COUNTY ATTO~EY'S CO~CT - CO~ISSIO~ ~~ TO ~80TIATE CO~GT WITH CO~ ATTO~Y ~D REPORT ~CK ON ~U~ 8, 1994 Commissioner Constantine stated that there were two (2) specific points covered when the County renegotiated the County Administrator's contract which were important: 1) a specific timeframe and 2) the severance package was lowered over a period of time. Commissioner Constantine explained that the County Attorney's contract should include similar provisions. 000 Page January 25, 1994 Commissioner Matthews stated that County Attorney Cuyler has the only open end contract existing. In response to Commissioner Volpe, Commissioner Matthews responded that Mr. Dorrill's contract addresses cost of living increases and salary caps which will also be addressed in negotiations with Mr. Cuyler. Commissioner Matthews stated that she will enter into negotiations with Mr. Ouyler regarding his contract and informed the Board that two (2) w~ek~ will be ~ufficient to complete negotiations. DISCUSSION ~GARDINS FRIENDS OF THE MUSEUM - CONTINUED TO FEBRUARY 1, 1994 Commissioner Constantine stated that he received a letter from Louis Rusttzky dated January 16, 1994 concerning current policies or lack thereof with the Friends of the Museum. Louis Rusitzky, resident, stated that he wrote the Board of County Commissioners in July, 1993 because he was distressed with the contract for use of the Museum grounds. Mr. Rusttzky stated that his extensive experience with museums indicates that most museums control the operations of the grounds and financial aspects. Mr. Rusitzky indicated that he has never received any com- munications from the Friends of the Museum even though he has been a member for a number of years. Mr. Rusitzky pointed out that recently he asked for a copy of the by-laws and found that notices of meetings, notices of elections in May, etc. were to be sent to all members. Mr. Rusitzky stated that further research indicated there are only 19 paid up members in an organization that is eight (8) years old. Mr. Rusitzky informed the Board that none of the officers or directors elected in May 1993 are members in good standing. Mr. Rusitzky stated that it is his conten- tion that everything that has been done since approximately 1989 is invalid. Mr. Rusitzky stated that at the January 13, 1994 meeting, the Treasurer did not provide a treasurer's report, he could not provide 3'59 Page 19 January 25, 1994 anything more than an estimate of the checking account balance nor an amount of funds that were unobligated. Mr. Rusitzky explained that the only information received since the last Indian Heritage Days is an estimate that 20,000 people attended; there was a fee of $3.00 for admittance of which $1.00 was to go to the Museum and $2.00 to the promoters of the Indian Days. Mr. Rusitzky stated that as of this date there ts still no official report as to the number who attended, how much was collected and no funds have been turned over to the Museum. Mr. Rusttzky Informed the Board that an auction was held for the benefit of the Museum but there ts no report of how much was raised or where the money is located. Mr. Rusltzky maintained that 1) there is no official relationship between the Collier County Board of County Commissioners and the Friends of the Collier County Museum but if this is a taxpayer financed County budgeted operation, there should be some direct rela- tionship, and 2) there is a total staff of four (4) at the Museum but the County has accepted properties from Immokalee to Everglades City. Mr. Rusitzky proposed that the Board of County Commissioners appoint an advisory board with people who have had some experience with museums. Mr. Rusitzky complimented Collier County on the Museum and stated it has fantastic possibilities. Mr. Rusitzky stated that the Museum grounds were to be brought back to their previous state after the Indian Days event according to the Agreement, but the grounds are in miserable shape. Mr. Rusttzky stated that there is an estimate of $7,000 to repair the grounds and the Museum received a bill for $2,800 for electrical work performed by County Staff which the Museum Director did not authorize. Mr. Rusttzk¥ stated that he ts not looking for accusations but for a better relationship between a group of people (i.e. advisory board) and the Board of County Commissioners. Mr. Rusttzky indicated that if the Friends of the Museum wish to continue and raise funds for the Page 20 January 25, 1994 museum, that is fine, but their past activities indicate they should not have the controls they have. Commissioner Constantine commented that the Friends of the Museum are independent and the Board has no authority over them but because of the issues relative to the responsibilities that have been bestowed upon them, in particular the Indians Days (bringing the Grounds to their original shape and money to be shared with the Museum), some kind of formal answer is warranted. County Manager Dotrill stated that there has been no agreements for accounting between Collier County and the Osceola Family; this was designated a responsibility of the Friends of the Museum. Mr. Dotrill expressed his surprise regardinG trouble with the directors and offi- cers of the Friends of the Museum not beinG in Good standinG. Mr. Dotrill stated that a proper accounting of fund distribution is needed. In response to Commissioner Norris, Mr. Dotrill stated that someone is posted at the entrance to Indian Days requestinG donations, explaining that it supports the event and performers, but he is not aware if ticket stubs are issued. Commissioner Saunders explained that ticket stubs were not issued but someone from the Friends of the Museum manned the Gate. Mr. Dotrill stated that ticket stubs should be required in order to account for the cash on hand. Mr. Dotrill stated that the County has a written contractual agreement between the Board of County Commissioners and the Osceola Family in which there are obligations on the part of the Friends of the Museum. Mr. Dotrill explained that the County is responsible for placing exterior outside security lightinG. In response to Commissioner Volpe, Mr. Dotrill explained that there was a master plan presented by the Friends of the Museum which was approved, but the County does not have a written agreement with the Friends of the Museum. Commissioner Volpe stated that the accounting for the Indian Days Page 21 January 25, 1994 event should come from the Osceola Family since the County has a contractual agreement with them. Mr. Dorrtll explained that the Friends of the Museum provided the 'operating manpower for the most recent event and will for the upcoming event. The following people spoke on this item. Charles Abbott Addison Miller Don Cahill Commissioner Saunders stated that the Agreement between the County and the 0sceola Family can be cancelled by either party upon 90 days written notice. Commissioner Saunders explained that the Agreement reads that the 0sceola Family shall return the property to its pre- festivities condition. Commissioner Constantine stated that the contract requires payment of $1,000 to the Board within seven (?) days of the Indian Days Festival. Ron Jamro, Museum Director, stated that the $1,000 payment was received. Mr. Jamro explained that the County's landscape service provider estimated that it will cost $7,548.00 to repair the area immediately behind the Museum and that does not include the area where the Indian village is located. Mr. Jamro stated that David Southall, volunteer biologist, and Naples Fertilizer looked at the property and collaberated the estimate for repairs to the grounds. Mr. Jamro stated that this does not include damage to trees and native Florida plants. Mr. Jamro informed the Board that he approached the Osceola Family at the last Friends of the Museum meeting regarding repair of the damages prior to the April event and both the Osceola's and the Friends indicated that it was the County's responsibility. Commissioner Constantine stated that Staff should pursue the issue because the County needs to reconsider the Agreement if the Osceola Family is not meeting their responsibility. Commissioner Constantine explained the Agreement is not for the good of the community if the County is losing in excess of $9,300. Page 22 January 25, 1994 Mr. Jamro stated that recently the Indian Days are the only fund raising events the Friends of the Museum participate in; membership has dwindled and the rodeo was cancelled. Mr. Jamro explained that these events are costing the Museum money. Mr. Jamro stated that there is no official agreement with the Friends but their Charter states that they are pledged to assist the Museum. Mr. Jamro informed that the Friends of the Museum are sche- duled to have elections in Early March and hopefully a new Board will participate more and work harmoniously with the Museum. Commissioner Volpe stated that it ts evident that the Indian Days events have outgrown the Museum grounds which results in damage, and the County needs to consider if the grounds should be utilized in this manner for any event. In response to County Attorney Cuy]er, Commissioner Volpe responded that no lawsuit should be instigated but the termination provisions of the contract need to be considered although there is not sufficient time to terminate the Agreement before the April event. Mr. 3amro stated that the Museum is ready to administer the Agreement to the letter during the April event and provide an estimate as to additional damage which may occur. Commissioner Saunders explained that there are two sides to every story and because the Friends of the Museum nor the Osceola's are represented at this meeting, no action should be taken at this time. Commissioner Saunders stated that both parties should be notified that termination of the contract is under consideration and will be addressed at the Board of County Commissioners meeting of February 1, 1994. Commissioner Constantine stated that there may not be a need next week to discuss termination of the contract if an agreement can be reached regarding the $7,500 due for damages to the grounds but the issue as to whether the Museum is an appropriate site for holding the events needs to be addressed. Mr. Jamro stated that he will notify all affected parties that this item will be discussed at the February 1 meeting. ,oo 000 3'63 Page 23 January 25, 1994 Item #12C1 Continued to February 8, 1994. Item 912C2 Continued to Februmry 8, 1994. Ite~ #~2C3 R~SOLUTION 94-33 RE PETITION AV 91-016 VACATING A 30 FOOT ROAD RIGHT-OF-WAY LOCATED ON THE EASTWARD EXTENSION OF WIGGINS PASS ROAD ADJACENT TO THE CONKLIN POINT PARK AND BOAT RAMP SITE ON VANDERBILT DRIVE, LYING IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST - ADOPTED Legal notice having been published in the Naples Daily News on January 9, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Volpe questioned why this parcel of land could not be used for additional parking for patrons of the Cocohatchee River Park? Commissioner Volpe stated that Collier County is always looking for additional parking space for boat trailers, boats, etc. Commissioner Volpe stated that the petitioner owns Wiggins Pass Marina and will be utilizing what is now Collier County owned land for parking for his paying customers. Russ Muller, Transportation Engineer I, stated that the owner of record was Lester M. Nogue and the petitioners obtained a Quitclaim Deed for the parcel. Mr. Muller explained that the 30'x130' parcel was originally left out of the legal description in January, 1956 and acceptance of the dedicated easement by Collier County is questionable. Commissioner Volpe stated that the property is adjacent to a County park and if the County retained some rights, the area could be utilized for ingress and/or egress to the park at some future date. Commissioner Volpe explained that Westinghouse was also interested in possibly a Joint entrance to their yacht facility utilizing this land. Derek Hodgin, agent for Wiggins Pass Marina, stated that the intended use of the right-of-way is for reconfiguration of the existing parking area and to accommodate future additional parking. Mr. Hodgin explained that the area will also include storm water management retention and landscaping. Mr. Hodgin stated that this petition was originally submitted in 1991 when the County engineering 364 Page 24 January 25, 1994 firm was in the design phases of the Conklin Point ramp facility and they have determined that this parcel will not be needed for that site. Tom Olliff, Public Service Administrator, stated that there is actually 60 feet of easement between where the County's Cocohatchee River Park ends and the Wiggins Pass Marina property begins. Mr. · / Olliff explained that the property that the County has been pursuing is the parcel 30 feet by approximately 600 feet directly north of the park which is planned for 25 to 30 boat parking spaces. Mr. Olliff informed the Board that the property Involved in this vacation would not meet Collier County's need now or in the future. Commissioner Constantine closed the public hearing. Co~miasionar Norris moved, seconded by Commissioner Saunders ~nd carrie~ unanimously, to approve Petition AV 91-016, thereby adopting Page 25 January 25, 1994 (33?3) Item #13A1 RESOLUTION 94-34 RE PETITION NUA-93-2 DEBI KAY LEE REPRESENTING GEORGE AND MICHAEL BRADY REQUESTING ALTERATIONS TO A NON-CONFORMING MOBILE HOME BY REPLACING THE MOBILE HOME WITH A LARGER MODULAR HOME ON PROPERTY LOCATED WITHIN THE BIG CYPRESS NATIONAL PRESERVE - ADOPTED Legal notice having been published in the Naples Daily News on January 9, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Constantine stated that the petitioners wish to replace a mobile home with a modular home which will increase their living area by 500 square feet. Commissioner Constantine explained that the modular home will be on a 2.21 acre parcel. Bob Mulhere, Current Planning Staff, stated that the petition has been reviewed by representatives of the Big Cypress Preserve and the Department of the Interior and they have no objection. Mr. Mulhere explained that the South Florida Water Management District has deter- mined that a modification permit is not required and the Health Department has determined that the changes to the septic system are achievable. Commissioner Constantine closed the public hearing. Comtesigner Saunders moved, seconded by Commissioner Norris and carried unmnimou~ly, to approve Petition NUA-93-2, thereby mdopttng Resolution 94-34. Page 26 $~nuar¥ 25, 199d ~SOLUTION 94-35 RK PETITION CU-93-17 DEBRA ALLEN GRESS OF PROGR~$SIV~ EN(]INEERING REPRESENTING ROY SCHAETZEL, REQUESTING CONDITIONAL USE "l" OF TH~ ESTATES ZONING DISTRICT FOR CHURCHES AND OTHER PLACES OF WORSHIP FOR TH~ PROPERTY LOCATED ON TH]~ SOUTH SIDE OF IMMOKALEE ROAD WEST OF OAKS BOULEVARD, CONSISTING OF FIVE (5) ACRES - ADOPTED Legal notice having been published in the Naples Daily News on January 9, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Ron Nlno, Current Planning Staff, stated that that the property is located adjacent to the Brentwood Activity Center PUD and ~eets cri- teria of the Golden Gate Master Plan which allows conditional uses in the transitional area. Mr. Nino stated that the Petition is con- sistent with the Growth Management Plan. Mr. Ntno explained the peti- t/on has been reviewed by the appropriate agencies and there are no objections. Mr. Nino explained that the Planning Commission unanimously approved the Petit/on subject to the stipulations as listed in the Resolution. Mr. Nino noted that the conditions include a number of buffers as required by the Land Development Code and engineering con- cerns have been addressed. Mr. N/no explained that the Petitioner has agreed to upgrade 24th Avenue NW to County standards. Mr. Ntno stated that no objections were received but the property owner immediately to the south indicated she dtd not want the driveway to the church in alignment with the driveway to her residence. Mr. Nino explained that the master plan represented in the Petition does not create a problem. In response to Commissioner Volpe, Mr. Nino informed the Board that the 2.7 acre tract immediately east of the subject property is owned by the church but is not included in this Petition because the criteria in the Golden Gate Master Plan limits that area to five (5) acres. Commissioner Volpe stated that having a PUD for this type of 000 370 Page 27 January 25, 1994 facility has been discussed because it is also the future site of a school. Debra Gress, Progressive Engineering, representing the Petitioner, explained that it will be a Sunday School only. In response to Commissioner Volpe, Mr. Ntno explained that the primary entrance and exit to the church w~11 be on Immokalee Road with 24th Avenue NW being the secondary exit. In response to Commissioner Matthews, Ms. Gress explained that that the 50 foot strip of land fronting Immoka]ee Road shall be donated to the County prior to the issuance of any building permit for the site in consideration for impact fee credits. Ms. Gress stated that Hole, Montes and Associates is currently working on plans for four-laning Immokalee Road because the church will be required to construct a turn lane into the site and eventually will be restricted to a right turn only in and out of the facility. Commissioner Constantine closed the public hearing. Ooutestoner Mmtthews moved, seconded by Commissioner Volps and carried unanimous/y, to approve Petition CU-93-17, thereby adopting Resolution 94-35. Page 28 January 25, 1994 RESOLUTION 94-36 1~ PETITION V-93-34 JOHN MILLER OF PRECISION FIBKRQLASS POOLS, INC., REPRESENTING WILLIAM AND RITA L. LOWS, REQUESTINQ AN 8.3 FOOT VARIANCE FROM THE REQUIRED NORTH FRONT YARD OF 25 FE~T TO 16.7 F~ET FOR PROPERTY LOCATED AT 120 WEST AVENUE, BONITA SHORES SUBDIVISION - ADOPTED Legal notice having been published in the Naples Daily News on January 9, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Wayne Arnold, Current Planning Staff, stated that this variance is being requested for construction of a pool and pool enclosure in the front yard of a corner lot. Mr. Arnold explained that Staff recom- mended to the Collier County Planning Commission and they approved a 4.3 foot variance to bring the accessory structure In line w~th simi- lar structures in the area. William Lowe, owner, stated that the 8.3 foot variance request was made to provide a 5.5 foot safe passage between the pool and the existing air conditioning unit and well pump. In response to Commissioner Matthews, Mr. Arnold stated that the drainage issue relates to the south portion of the property and the pool is proposed to be built on the north portion so there should be no bearing on water management. Mr. Arnold stated that he has been unable to locate a specific code requirement for separation between an air conditioning pad and a pool. Commissioner Constantine closed the public hearing. Oo~em~astoner Norris moved, seconded by Commissioner Volpa and carried unanimously, to approve Petition V-93-34 for a 4.3 foot var~c~, thereb~ adopting Reaolution 94-36. Page 29 January 25, 1994 .(23e) Item #13A4 ]~ESOLUTION 94-3? R~ PETITION 03P-93-2 TERRENCE L. KEPPLE OF BRUCE OKEEN AND ASSOCIATES, INC., REPRESENTING ROBERT AND LEONA BLIV~N AND DEBORAH AND PAUL ZAMPELL AS OWNERS OF THE SUBJECT PROPERTY, REQUESTING APPROVAL OF OFF-SITE PARKING ON LOT 5 AND THE EAST 1/2 OF LOT 6, BLOCK B, NAPLES GARDENS, IN SUPPORT OF THE CRAZY FLAMINGO RESTAURANT WHICN IS LOCATED ON THE SOUTHWEST CORNER OF AIRPORT ROAD AND CALDONIA AVENU~ - ADOPTED Legal notice having been published in the Naples Daily News on January 9, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Bob Mulhere, Current Planning Staff, stated that this is a request to construct 1! off-site parking spaces ad3acent to the existing Crazy Flamingo Restaurant. Mr. Mulhere explained that the restaurant does conform to the m/n/mum parking requirements but additional parking is needed to alleviate congestion in the ad3acent neighborhood. Mulhere stated that the proposed additional parking area is under contract for purchase by the owners of the restaurant. Mr. Mulhere stated that two additional stipulations were added to the Agreement Sheet by the Collier County Planning Commission: 1) that seating be limited to the current maximum of 64 seats and 2) that the existing fence between the business and the off-site parking lot be relocated to the ad3acent residential property and that the landscape buffer include a five foot (5') str~p of enhanced landscaping on the outside of the fence. Terrence Kepple of Bruce Green & Associates, representing the petitioners, stated that they are unable to guarantee upkeep of the additional landscaping because it will be located on the adjacent pro- perty owners parcel. Mr. Kepple stated that the current access to the parking area is approximately 20 feet east of the proposed location on Airport Road. Mr. Kepple explained that the driveway will be 20 feet closer to the residential area and wtl] increase the driveway width from 16 feet to 24 feet. Mr. Kepple stated that no additional lighting is planned for the parking area and the lighting will be directed away from the resi- Page 30 January 25, 1994 dential area as required by Code. Commiss~oner Constantine closed the public hearing. Co~leaioner Saunders moved, eeconded by Commieeioner Norrie and carried unani~cruel¥, to approve Petition O$P-93-2, thereby adopting Resolution 93-37. Page 31 (5=o) ' ~tem #13A5 January 25, 1994 PKTITION CU-93-16 WILLIAM L. MCDANIKL R~PRESENTING THE INDEPENDENT CHURCH OF GOD, REQUESTING CONDITIONAL USE "l# OF THE RMF-6 ZONING DISTRICT FOR A CHURCH ON PROPERTY LOCATKD AT 3709 GUILFORD ROAD, GUILFORD ACRES - CONTINUED TO FEBRUARY 1, 1994 Legal notice having been published In the Naples Daily News on December 26, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Wayne Arnold, Current Planning Staff, stated that this Petition was continued from January 11, 1994. Mr. Arnold explained this request is to construct a church on an existing single family home Mr. Arnold stated that the development will be done in two phases to convert the single family residence into a house of worship with a maximum of 120 parishioners. William McDantel, representing the Independent Church of God, stated that the church has met with Carl Nelson, Architect/Engineer, to develop a site plan for one way access for entry and exit. Mr. McDantel explained that all County Code requirements for parking and buffering have been met. Mr. McDaniel explained that the parking and landscape buffering will be phased as well as construction of the church. Mr. McDaniel stated that on the corner of U.S. 41 is a strip shopping center with The Independent Bible Church located south on Guilford Road and then the subject property. In response to Commissioner Volpe, Mr. McDantel explained that approximately 50 percent of the required landscape buffering 1s in place but requires some thinning. Mr. Arnold explained that the church will be required to show that adequate parking exists for Phase I which is accomplished without developing the balance of the site. John Rossetti spoke on this item. In response to Commissioner Constantine, Mr. Arnold stated that there has been no complaint re~-w~ere~'~4jainst the existing church 00 UUUP t[O Page 32 January 25, 1994 · for creating traffic problems on the residential street. Mr. Arnold explained that the intersection at Guilford Road and U.S. 4! does experience traffic problems but the church operates at off peak times and should not create any additional traffic problems. Mr. Arnold stated that one stipulation added to the Agreement is that should a future traffic signal be warranted at the U.S. 41 and Guilford Road intersection prior to State installation, the church shall be subject to a fair share payment of the cost based on a pro- rata determination of traffic generation. Mr. Arnold explained that the single family residence presently on the site is vacant but occasionally it is utilized for church meetings. Commissioner Saunders stated that his concern is this property is relatively small, in a residential community, and as we reduce the size of lots required for a church, thls parcel being Just one (1) acre, the Board sets a standard by which they will have to judge future petitions. Commissioner Saunders explained that the ability to evaluate the impact of such actions on a neighborhood must not be lost. County Attorney Cuyler stated that the burden of the applicant is to show their request meets the criteria of the Ordinance and then the burden shifts to the Board to show by competent, substantial evidence that the application does not meet standards and is adverse to public interest in order to Justify denial. Commissioner Saunders questioned ~f other churches exist ~n resi- dential areas on lots this small? Mr. Arnold explained that one acre could be considered as a small site but the applicant can accommodate his requirements and meet County Codes. Mr. Arnold stated that the parcel could be considered too small to reduce the ~mpacts on the adjacent property owners. Mr. Arnold informed the Board that inttlally Staff recommended denial of this petition to the Planning Commission based on land use compatibility. 000 Page 33 January 25, 1994 Mr. McDanfel stated that the Planning Commission overturned Staff'a recommendation based on the proximity of the strip shopping center on U.S. 41 and the ad3olntng existing church which has been there for 20 years. Mr. McDaniel explained that the church ts not opposed to hiring a Sheriff to assist in directing traffic at the intersection should it become necessary. In response to Commissioner Volpe, Mr. McDantel stated that the church is ready to make application for approval of the site develop- ment plan and is financially prepared to commence renovations upon receipt of the approval. Mr. McDaniel explained that the site will not serve as a parsonage for the pastor of the church. Commissioner Volpe stated that his concern is that this church will not be on a main thoroughfare but encroaches on a residential neighborhood. Mr. Cuyler explained that the County does not have a Code which prohibits encroachments Into residential neighborhoods. Commissioner Norris stated that we have the technical basis of compliance with the Land Development Code and the less technical basis of protection of public welfare. Mr. Cuyler informed the Board that the Courts would probably look to compliance with the Land Development Code. In response to Commissioner Norris, Mr. McDantel replied that church operating hours will be Sunday morning with occasional meetings after hours for the Board of Directors. Commissioner Constantine closed the public hearing. In response to Commissioner Volpe, Mr. Arnold replied that the Land Development Code amendment cycle will begin in July 1994. Mr. Arnold etated that the in-house modifications are presently being worked on per Board direction for the last cycle. Commissioner Saunders moved to approve Petition CU-93-16 due to lmck of ~fftctent ~vtdencs for dental. Seconded by Coatsstoner Cotintent lne, ¢' Page 34 January 25, 1994 Commissioner Volpe stated that traditionally churches have served communities and residential neighborhoods have grown up around the churches. Commissioner Volpe explained that he has reservations with this encroachment. Commissioner Volpe recommended that this matter be tabled until the next amendment cycle in July. Mr. McDaniel stated that there is a contractual commitment which parameters expire before July. part of the m~end~ent cycle of the Land Development Code, to evaluate the miterim for placement of conditional uses within residential naigh~rhood~. Seconded by Com~iseioner Matthews. Mr. McDanlel explained that to affect the livelihood of this church which has met the conditional use criteria established in the Code in order to amend the existing Code is unfair. Mr. Cuyler stated that there is nothing contained in the Code that indicates that a motion to table is a denial but a petitioner could win a case in court depending on the length of time because we have a due procedural process. Commissioner Matthews stated that she is looking for information on what churches within Collier County are located on one (1) acre sites and are not located on primary or secondary roads. C~teeioner Volpe amended his motion to table this item for a pert~ of 30 days for Staff to gather Information concerning existing criteria relating to conditional uses in general. Commissioner Saunders stated that he would support a motion to continue this Petition for the further evaluation by Staff concerning the impacts on this neighborhood. C~iesioner Volpe withdrew his motion. Mr. Arnold stated that the original Staff recommendation to the Collier County Planning Commission read "Given the site proximity to residentially utilized property, it is our opinion that a house of worship would be inappropriate and out of character with the surrounding development." Page 35 January 25, 1994 Co~Aseloner Saunders Loved to have Staff reeveluate the actual i~q~ct on thia neighborhood and to continua this Petition for 2! da~. Seconded by Co~miaatoner Volpa. In response to Commissioner Saunders, Mr. McDanlel stated that he was Informed after the last continuation that if the issue was con- tinued again that they would rescind the Agreement. Commissioner Saunders stated that Staff should not need three (3) weeks to complete their resvaluation and the Petition should only be continued until February 1, 1994 due to the contractual agreement of the church. Mr. McDaniel questioned what Staff is going to discover that they did not find during the past four (4) month process? Co~iaaloner Saunders ~manded his motion to have Staff report their f~ndings to the Board on February 1, 1994. Conisa~oner Volpe m~ended h~s second. U~on call for the vote, the Lotion carried 3/2 (Con~aeionera Norris and Constantine opposed). Commissioner Volpe stated that consideration should be given for Staff to evaluate conditional uses in general and churches in par- ticular as they encroach upon residential neighborhoods. Mr. Dorrtll stated that he was contacted recently by the Naples Ministerial Association due to difficulty in locating zoned property for churches. Mr. Dotrill informed the Board that they have created a committee who may wish to work with Staff on this subject. It was the consensus of the Board to d~rect Staff to evaluate the Land Development Code to assure that provisions for conditional uses are adequate to protect res~dentia! conusunlttes. (2?00) I~ESOLUTION 94-38 R~ PETITION GU-92-14 KATHRYN A. CORKELL OF WILSON & MOOlt~ ARCHITECTS, INC., REPRESENTING FIRST UNITED METHODIST CHURCH OF I~K~J~H, INC., REQUESTIN~ EXTENSION OF A CONDITIONAL USE FOR A CHURCH, ACCESSORY USES TO A CHURCH AND A CHILD CARE CENTER FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF ROBERTS AVEN~E AND NINTH STRENT IN i~K~KALEE - ADOPTED Bob Mulhere, Current Planning Staff, stated that this petition was approved by the Board of Zoning Appeals on February 23, 1993, to allow Page 36 January 25, 1994 .?. a church, accessory uses to a church and a child care center. Mr. :[~[' . . Mulhere explained that Kathryn Corkell of Wilson & Moore Architects, · representing First United Methodist Church of Immokalee, has requested '~'t'11 an extension of this conditional use. Mr. Mulhere informed the Board ~that the Petitioner received final Site Development Plan approval on January 5, 1994 and, therefore, is proceeding to move forward in good faith to obtain permits Mr Mulhere explained that construction will start as soon as permits have been issued. Commissioner Constantine closed the public hearing. Co~isotoner ¥olpe moved, seconded by Co~missionsr Matthew~ and carried unanimously, to extend Petition CU-92-14 for six (6) months, thereby adopting Resolution 94-38. Page 37 January 25, 1994 ::DISCUSSION R~GARDING MARCO ISLAND BEACH PARKING - COMMISSIONER VOLPE ;'. 'TO REPORT ON FEBRUARY 1, 1994 In response to Commissioner Norris, Commissioner Volpe informed that he would up-date the Board on the Marco Island Beach Parking issue at the next regular meeting of February 1, 1994. · '' Commissioner Matthews moved, seconded by Commissioner Volpe and carried unanimously, that the following items under the consent agenda be approved and/or adopted: ,re Item ~16A1 RESOLUTION 94-18 APPROVING THE INITIAL TERMS OF THE MEMBERS OF THE DEVELOPMENT SERVICES ADVISORY COMMITTEE Item ~16A2 CASHIER'S CHECK FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-101 "LEAWOOD LAKES SALES TRAILER" Item #16A3 ACCEPTANCE OF IRREVOCABLE LETTER OF CREDIT FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-61 "NAPLES RADIOLOGISTS" (ROSEMARY HEIGHTS ADDITION) Item #16A4 ACCEPTANCE OF IRREVOCABLE LETTER 0F CREDIT FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-?2 "WIGGINS BAY VILLAS" Item #16A5 ACCEPTANCE OF PERFORMANCE BOND FOR LANDSCAPING SECURITY FOR SITE DEVET. OPM~HT PL&N 93-34 "BAY COLONY TENNIS CENTER" Item ~16A6 ACCEPTANCE OF IRREVOCABLE LETTER OF CREDIT FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-16 "COLLIER'S RESERVE GUARDHOUSE" Item #16A? See Pages ACCEPTANCE OF PERFORMANCE BOND FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 91-140 "OAK HAVEN APARTMENTS" Page 38 January 25, 1994 CASHIER'S CHECK FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 90-190C "CLASSICS CLUBHOUSE PHASE II" Item ~16A9 CASHIER'S CHECK FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 91-31A "FRATERNAL ORDER OF EAGLES" Item #16A10 ACCEPTANCE OF IP~EVOCABLE LETTER OF CREDIT FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 92-147 "POINTE AT PELICAN BAY" ACCEPTANCE OF IRREVOCABLE LETTER OF CREDIT FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 92-63 "EDO OFFICE PARK (PARK NORTH)" See Page Item CASHIER'S CHECK FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-68 "FALCON GLEN VILLAS SALES TRAILER" Item ~16A13 CASHIER'S CHECK FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-88A "KENSINGTON PARK TENNIS COMPLEX" Item [16A14 CASHIERtS CHECK FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-71 "CHeCKERS/WAFFLE HOUSE" CASHIEr'S CHECK FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-50 "GOLDEN GATE AUTO REPAIR" CASHIER'S CHECK FOR ~RDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-? ~SILVER LAKES RECREATION SITE" Item #16A17 CASHIER'S CHECK FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 92-144 "BAY INN AT PELICAN BAY" Item #15A18 Page 39 January 25, 1994 CASHIER'S CHECK FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT pr. AN 92-135 "GREENBRIAR AT QUAIL II" :i~: · Item ,16A19 ~'~: 'CASHIER'S CHECK FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN ; 91-41A "CLARIDGE" Item #16A20 CASHIER'S CHECK FOR SEWEH FACILITIES ACCEPTANCE FOR COLLIER COUNTY PRODUCTION PARK, PHASE 3-A - WITH STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY RECORDED IN OR BOOK 1925 PAGES 2369 - 2371 " Item #16A21 *~*~ ACCEPTANCE OF PERFORMANCE BOND FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-61 "PELICAN BAY COMMUNITY PARK" Item .16A22 ACCEPTANCE OF PERFORMANCE BOND FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-56 "PELICAN MARSH TEMPORARY CLUBHOUSE" Item ~15A23 ACCEPTANCE OF PERFORMANCE BOND FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-64 "PELICAN MARSH MAINTENANCE FACILITY" Item #16A24 ACCEPTANCE OF PERFORMANCE BOND FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-109 "PELICAN MARSH MODEL SALES CENTER" Item #16A25 ACCEPTANCE OF PERFORMANCE FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-48 "PELICAN BAY NEIGHBORHOOD PARK" See Pa~es ~q-- ~--/ Item #16A26 EXCAVATION PERMIT NO. 59-496 "NAPLES LANDFILL" - WITH STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY Item 916A27 ****THIS IS DUPLICATION OF ITEM ~16A20'*** CASHIER'S CHECK FOR SEWER FACILITIES ACCEPTANCE FOR COLLIER COUNTY PRODUCTION PARK, PHASE 3A - WITH STIPULATION LISTED IN THE EXHCUTIVE SUMMARY January 25, 1994 !':' Itln #16A28 ' RESOLUTION 94-29 APPROVING RECORDING OF THE FINAL PLAT OF "COLLIER ,COUNTY PRODUCTION PARK, PHASE 3-A" AND ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS - WITH STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY Item #16A29 CASHIER'S CHECK FOR LANDSCAPING SECURITY FOR SITE DEVELOPMENT PLAN 93-119 "L'AMBIANCE SALES TRAILER" EXECUTION OF THE SOVEREIGN SUBMERGED LANDS EASEMENT AGREEMENT BETWEEN THE BOARDS OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (TIITF) AND COLLIER COUNTY FOR THE WINTERBERRY DRIVE BRIDGE OVER SMOKEHOUSE CREEK Item #16E1 See Pages. LEASE AGREBJkIENT BETWEEN MARCO ISLAND HOSPITAL, INC. AND COLLIER COUNTY FOR CONTINUED USE OF THE EMERGENCY MEDICAL TREATMENT ROOM AT THE MARCO ISLAND URGENT CARE CENTER Itel ~16E2 SUFFICIENCY OF BONDS OF COUNTY OFFICERS See Pages Item #16G1 - Withdrawn Item ~16G2 RECOi~[ENDATION TO REJECT BID RECEIVED FOR HERBICIDE SPRAY UNITS Item ,16G3 - This item has been deleted Item ,16G4 ADJUSTMENT OF WATER MANAGILM~NT CIP BUDGET (FUND 325) TO REFLECT REVISIONS IN CAPITAL PROGRAM AND CARRY FORWARD FROM PRIOR YEAR Item [16H1 CHANGE ORDER NO. 2 (FY 93/94) TO CONTRACT NO. 91-1779, BEACH CLEANING OPERATIONS ON MARCO ISLAND - AWARDED TO EDWARD J. HUEZEL CUSTOM HOMES IN TH~ AMOUNT OF $8,928.00 Item #16H2 Page STIPULATED FINAL JUDGEMENT RELATIVE TO EASEMENT ACQUISITION OF PARCELS NOS. 115 AND 202/312 IN THE NAPLES PRODUCTION PARK Item ,16J MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following m~scellaneous correspondence was f~led and or 'referred as presented by the Board of County Commissioners: Page 42 January 25, 1994 Item #l~J1 CERTIFICATES OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER 1993 TAX ROLL 137/138 12/28/93 141/145 01/07/94 - 01/19/94 1992 TANGIBLE PERSONAL PROPERTY No. Date 1992-162 01/03/94 1993 TANGIBLE PERSONAL PROPERTY Date 01/03/94 ol/13/9( EXTRA GAIN TIME FOR INMATE NOS. 5801§, 84811 AND 71804 Item ~1633 SATISFACTIONS OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Item #16L1 SeePages RESOLUTION 94-30 APPROVING SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN~ ARE SATISFIED IN FULL FOR THE 199! SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS See Pages 000 419 Page 43 January 25, 1994 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: f:45 P.M. BOARD OF COUNTY CO~ISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DIS~ICTS UNDER ITS CONTRO~ '~ or as corrected Page 44