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BCC Minutes 11/19/1991 Rl,[~j~. '.:V Naples, Florida, November 19, 199! i.[~,,~:-.. ,-.,,, ,, ,,,, ,,,,,,,,,.,,,,,,,,,,,,,, ,,,,.,: ,,,. ,,o.,.,, o,, ~ou~,, ~o,.,,..,,,,,.,,. ,,., I~ mAppeall and as the governing board(s) of such special districtl as I.'~'.i~herein, met on this date at g:00 A.M. in R~R SKSS~ON in Building '[~J./.~/ii~." of the Government Complex, East Naples, Florida, with the · ,,~?~:.i-.: d~"i:?'-'ii?:("' CHAIRMAN: Patricia Anne Goodnight · :{,,, VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan i~'i:?. ,,,,,.,, A. N...., .,r. !~:~::,'.-" '~,0',,~,,,,,.,, ,..,.. o. ,,,,.., ,,:,.,.,,, .,o,,,, ,,o,,,,:o.,,,,. ,.,n.,.,~. .~:;... i.~-~'Clerks~ Nell Dorrlll, County Manager~ Jennifer Pike, Assistant to the m:.~;>.,...~Cou~y Manager~ Ken Cu¥1er, ~ount¥ Attorne¥~ Oeorge Archibald, ~i:i?:::-Transportation Services Administrator~ Frank Brutt, Community I'~.J4;Development Services Admtntstrator~ and Deputy Byron Tomlinson $her~ff's Office. 000,.,~,.. Ot Page Novelbet I9, 1991 ~1~ ~t~ly, that the a~n~ ~ appr~ed with the ~tem ~8~1 - To ~nform the Board of the stud~ and ana~s~o ~o determine t~. bes~ COUr.. Of action to prov~d. Ex~ne= services for Collie= County - Added. (ae~este~ Item *~OA - Resolution of the Board of County Co~ss~oners the Rookery Bay C~L project - Added. (Redested Item ~10B - Discussion regarding acceptance of water faci- lities for Coral Isle project - Added. (Requested by Item *SA~ - Reco~endation that the Collier County Board of County Coatestoners uphold the interpretation of the Growth M~a~ement Plan regarding the minimum acreage of a Planned Unit Development within an Activity Center - Continued to tO APAC-Florida, Inc., for Santa Barbara Boulevard Roadside Ditch and Bikepath Improvements, pursuant to Oounty Bid No. 91-1~84 - "ov,d tO '8B6. (R,qu,,t,d by Staff.) Item ,8A3 - Appeal of the deterstnatton of a ~bltc Nuisance No. 91-07-09372 and 91-07-09373. 0~ers of record - Vincent P. and Carol Ocuto - Continued to 12/3/91. {Redested by Petitioner. ) Itel ~SA4 - Appeal of the determination of a ~bltc Nuisance - o. ~i~ ro~ a~rov~l o~ tho Cogent Agen~ L. no~ ~e= /ten November 19, 1991 Commissioner Saunders congratulated the following Collter County and presented their service awards: Robert L. McKellar, St., Traffic Operations - 15 years Anthony E. Gerbec, Facilities Management - 10 years Antonio Almodovar, Road and Bridge - 10 years Linda T. Swtsher, Ochopee - 5 years Bryan P. Milk, Project Planning - 5 years $ohn F. MadaJewskt, Project Review - 5 years lta tl'~ri ~*,,)~ 3. JO~:v!~ NCM&C'~ZN P~G&RDING THg P~GZSTRY Rg~ORT/CLAN PJ~$ PJLR~ - paopos coxczar r0 mti a aic Joseph [icMacktn, representing the owners of the Registry Resort in Pelican Bay. stated the Board~s action of extending utilities from Seagate to Clam Pass Park has necessitated certain agreements be ?~lmplemented between the County and the owners of the hotel. He said ;~:;'f!among the agreements is the completion of the Clam Pass Park facility. ~He reported the petitioner is requesting the County entertain three ~i irelated but Independent Items, the first of which concerns the con- .()Cession agreement. He recalled approximately seven years ago, the '!~iCounty and the Registry Resort entered Into a concession agreement ~.~htch allowed the Registry to manage the Clam Pass Park factltty by providing food and beverage service, maintaining the buildings and ~rovtdtng beach equipment rentals. If all options are exercised, he said, the concession agreement is due to expire on March 31, 1995, and petitioner Is requesting that it be extended for 10 years to ,;April. 1, 2005. ~e stated In exchange, the hotel will offer the County IIO0,000 contribution towards the extensfon of the utilities from Seagate to Clam Pass Park. In answer ~o Commissioner Rases, Mr. McMacktn replied the Registry approximately 996,000 in escrow with the County and is offering an [ddlttonal $100,000 towards the total estimated cost of $2?0,000 for [;,~he utilities. Mr. McMacktn continued, stating the second request is for approval :.the. concept for completion of the beach facility. He indicated the Resort is proposing an approximate $,000 square foot open deck with a Page 3 Ll~ltorage shed and the conversion of the existing storage shed to i a sial1 kitchen. He said the third request ks for approval by the !;~:~ 'Board to allow the Resort to sponsor banquets on the expanded deck, after hours on an event-by-event basis. Tncluded, he said, would be ~alcoholic beverage and food service to patrons of the hotel or local :'residents who would wish to arrange a banquet on the deck. ~:~ ' Charles Popper, Registry Resort Manager, lndlcated his strong belief that the petition is one that can be of material bensfAt to ~/"CollAer County, Its residents and visitors to Clam Pass Park, as well !],:i'as the Registry and Ate 600 employees and theAr famA1Aes. He men- rioned In an effort to solAcAt comments and crAtAcism about the propo- [:i!:'i,al, he has contacted the Seagate Property Owners AssociatAon, the '11'/~Pellcan Bay Property Owners Association Board, the Second DistrAct .'AesociatAon of Collier County, the Taxpayers ActAon Group, the tlzans Productivity CommAtree, the Naples Area Chamber of Commerce, EconomAc Development CouncA1, the Conservancy of CollAst County i('~'and the Parks and Recreation AdvAsory Board. He advised havAng received letters of support from the Seagate Property Owners 'Assocl&tAon and the Second District Association of CollAst County, ,!~'aaing that other groups cannot endorse . private venture because of :;;ith~lr charter, however, they have expressed no outright objection. In response to Co~lsstoner Saunders, Nr. Popper stated the Co~ty will receive 20~ of the gross revenues received from the lunch service /,'~'well as any f~cttons held in the evening, whether they be local or ~:resort ~=ctions, Coatsstoner Saunders indicated his presumption that Co~ty 11 have the ulttaate say as to ~hen an event may be scheduled and hours of the event. as ~ell as enaurtng that it ts controlled pro- ~d the area Is cleaned and restored to ira noreel conlitton. N~..Popper stated the Co~ty will be in 100~ control of all ache- let events. ~:.~ln ~s~e~ to Co~tastoner Volpa. Nr. Popper stated the Intent ~111 ',:'~":to have barbecue type functions on the deck ~htch may last until ...... Pa~e 4. November 19, 1991 -~';pectfled that no up l~ftar. wtll be allo.ed. ~e added that he fore- ~:~.lees very little use off the facility at night during the ~.because the Registry mainly caters to Florida groups during those I-~:::~'Wlnter, groups from the north .ould want an outdoor beach barbecue. t:~'[He mentioned all their competitors from the R~tz Carlton to the Marco ..::~Hllton are ~rrently holding those ~es of events. Co~ssloner Volpe uesttoned how residents of Co q 11~er County, who not registered ~ests at the Registry Resort, would be able to l..~a.cce~a ~he e~e~ ~ac~e, a~ o~e= ~a, pa=~ hou=, ,~ou~ ~he~ · . Mr. Popper replied the general public w~l~ be able to schedule .,v,n~. ,~ a, ~ ,,~ng ~,c.p~on. ~h~o~g~ ~, ~.g~,<~ ~, ~, con- I~f~.Reg~s~s w~n~ess ~o subsidize ~he cos~ of a Pa~k R~ge~ employed ~he Co~,/, She sa~d ~he g~ea~es~ numbe~ of complaints she has ~ece~ved have been f~om Coun~y residents ~ho do no~ fee~ ~he~ :comp~a~n~s wou~d be ade~a~e~y addressed by a Reg~s~y Resor~ Commissioner Shanahah inquired to what extent have the environmen- !.tel Impacts of the expansion to the sensitive dune areas been explored? Mr. Popper advised the deck area was previously totally cleared 'and now has purely secondary growth. He said there should be no ienvtronmental impact, adding that DER and DNR approval will be and all permits applied for before the expansion will take ~lace. Commissioner Shanahen asked if stipulat~d time periods for after- functions and prohibiting dancing are restrictions the will agree to, to which Mr. Popper responded in the ,affirmative, Page 5 November IO, 2091 ~'Coulssloner Saunders remarked the most Important commitment la that If at any point, tt is determined by the County that these func- .one are Inappropriate, Collier County has the exclusive, arbitrary '.to stop any future events. Hr. Popper agreed, reiterating that the events will be scheduled ~.!'on'a case-by-case basis and tf the Registry does not live up to the .rules and regulations, they accept the County~e right to end the ~ The following people spoke in favor of the petition, stating the )sacs and quiet of the neighbors will be protected; expansion of the :deck will be of economic benefit to the Registry, its employees and i~.Collter County; the hotel is cavalry minded and user frlendly~ the ~iRegtst~ is a good neighbor; the deck will be a positive feature tn attracting tourism and will provide additional space for beachgoats to their lunch; the proposed facility will generate additional Jobs Collier County; functions would be approved on an event-by-event [baste; the County will be receiving additional revenue from this facl- and outdoor functions will be monitored by security provided by Victor Browning, Director of Catering, Registry Resort Art Jacob, Chetr~an, Second District ~ssoclatton of Collier County John Eohan, Board of Directors, Registry Resort Bill Bowden, Tennis Director, Registry Resort Theresa Bayer, Credit Manager, Registry Resor~ Rtccardo Aversano, Manager of Laftte Restaurant Registry Resort Ed Longo, Supertntenden~ of Landscaping, Registry Resort Oscar Velez, Front Office Manager, Registry Resort N/no Allegretta, Sen/or Bell Captain, Registry Resort Elizabeth Carroll, Pelican Bay resident Suzanne Doff, Pelican Bay resident Paul Jantechek, Clam Pass Beach ~anager Wesley Ashby, Registry Resort employee J~m McMurphy, Pelican Bay resident J~ee Gelf~d, Assistant Cate=lng Manage=, Registry Resort La~ence Leventhel, North Naples resident Tom Gatlick, Pelican Ba~ =e~dent Jo~ Courtney, Director of Security, Re~lstry Jo~ Catchen-Dunne, Registry Resort employee ~e following people spoke against the petit ton for the following ~a~?i.:.;~'reasons: the adverse effects on wildlife; the increased noise level .:.~y, . November 19, 1991 ~'tO all adjacent property owners; adverse effects on property values; ~?~op~eltlon to selling alcoholic beverages at a Co~y park, which will :~[~:::~'set a precedent and make it difficult to refuse others from doing the ~.~',¥?~',.e~e~ the ~rrent concession operation Is discriminatory and approval of this petition will give the Registry Resort a monopoly; public pro- should ~ maged in keeping with the character of the neighborhood; ]~:j~i??:;i!::l the Registry has been a bad neighbor from day one; the unique preser- /iff il.i::yation o, nature will be sacrificed; there are not sufficient uttlt- ? '?,i:: ttes to accededate the dinin9 room; the residents of Collier I ;~,!:.' ".' ' t.~?~':~' do not wish to enter into a partnership with anyone on the b~ach~ ~:9'!~::~:. ,wildlife will be endangeredl the Registry Unit O~era are askln~ the f;S"-:, i:~)~,~ounty to ball then out of a bad business situation and return not,in9 I~.;~.: lon~ term; th~ County would be liable for law autos and therefore / ~?/:' there would be hidden costs since Insurance premiums would Increase; ]~:~:~';,: tr~. would be ru.bltng over the bridge late at night and it will ?[~,.~,-lmpoaatble to con~rol the noise of the party-goers; utility lines '?~?[J/[~;':,'~er the beach ~tll cost more than estimated; surroundin9 property [.i~i~ .~ra hav~ not suf~i~i~n~ ti~ to r~vt~ th~ proposal and ~onsult ~'::,'. ,.approv~d, this ~o~ld b~ on~ o~ th~ strangest conc~sslons ~v~r ~.~ ~ there ah~uld be no music Ro~ey Craighead (Tap~ ~) ~tl ~eller (Tape ~) ,;;.:. ~t~ve ~rtght (Tape ~) orte ~ard, President, 0tttzons Association of Bonita Beach Scot~ (Tape ~2) /Jack HarAed (Tape ~2) ~George Ry~ (Tape ~2) (Tape ~2) (Tape ~2) Bova (Tape ~2) ,e~ (Tape e2) (Tape ~2] :':;~a~[e~; Co~selman (Tape ~3) ;Wendy Rtgg (Tape #3) :Fred Tarrant, (Tape #3) !Chariotte/Westman (Tape #3) '(Tape #3) Andrews (Tape #3) Clerk Hoffman replaced Deputy Clerk Ouevtn at this tinssee ~!. Assistant County Attorney Weigel advised that the Commission may Page ? November 19, 1991 to direct staff to provide any Information with respect to any .-..particular elements that were discussed today or those that may not have been discussed. He noted that the legal requirements have been reviewed by the County Attorney's Office with respect to previous com- and agreements that are in place. Commissioner Hesse remarked that he believes the Registry is a fine organization and does a fine Job with the number of people it but noted that he has an overwhelming concern with regard to a precedent by allowing alcohol on the beach. moved, seconded by Commissioner Volpe to deny .the !regiStry ResortIs proposal. Commissioner Saunders explained that he feels that the com- ~!f~?'pettttveness of the hotel and the Issue of employment are irrelevant the subject proposal. He indicated that the real issue Is the fo~s on the t~es of facilities and the potential benefit to the com- o ~ [~.':[[~?.?.the fr~chlse fees; and Increased economic actlvlt~ In the co~unlt~. ~u~es~ed that the Co~ss~on cone~der an alternative ~ot~on. Coatsstoner Volpe co,ended Hr. Popper and the Registry ] i?/~,.ho~ever cttlng that he does not believe that the Issue as presented ] ~:i~.;:..de.ls with tourism, Jobs, or unemployment. He related that this t. a "!'.'public facility, noting that he has been trying to focus on the public 'benefit to be derived from same. He voiced concerns with regard to ~!~'~:..:.the event-by-event arr~ement that would take place at a public fac~- ]~$~].11ty at other than re~lar park hours since this relates to an ordt- ].. :~:~.n~ce of. general Co~ty wide application that prohibits those t~es of ]..~./::'activtttes, i.e. alcoholic beverages. He stated that increased rave- hues, as the result of the concession agreement, is the only benefit ~:!Commisstoner Shanahan Inquired as to the legal issues regarding nits, liability, Indemnification and the costs to the taxpayers. Page 8 November 19, 1991 ~/[::{;' With regard to lnde~lficatton ~d insurance aspects, Assistant ~]~,~Co~ty Attorney WeAgel advised that the proposal addresses suggested obligations that the Regt.try would take on for the expansion of the ',~f"faclltties. He a~ated that the document that would be drafted could provide for an iron clad tnde~tftcatton for the County, however notln~ that this does not mean that the Co~ty would not be subjected .to a law ~tt. He reported that as an underlyin~ o~er, the Co~ty is ~j~j[~/~:al~y~ subjected to being named in a law suit. He Indicated If the Co~ty ~s ~ongly named in the lawsuit, the ~nde~ftcat~on provU- elone, ~f drafted in such a ma~er, would provide for the Registry to provide for all l~t~at~on costs and for counsel on behalf of Col Co~ty, or the County would be subject to total reimbursement of the la~ ~tt ~d costs it may occur ~hether rightly or wrongly sued. .. Asstet~t County Attorney Heidel announced that the 1988 con- behalf of Collier County with re~ard to insurance and tnde~tflcatton !~X~'~,:~He advised that potent/a/ additional Insurance costs that the Count ~?;[,/Wou~d incur ~der it. o~ general tn.urance provision. for a change of use 1.. Issue that would be appropriate for Risk Management to ~,/~:';:~[~'~: In response to Co~*ss*oner Shanahan, County Manager Dorr*ll ~d this has been a break even proposition. ~e noted that this ser- ,v,ce ,. prov,ded by a County employee and the costs associated with ~;~4,jt::-the $1 parking fee is collected and controlled by the County. He November :10, 1991 ~i~:indtcated that ~he beach is o~ed b~ ~he Coun~ bu~ ~he County bears ~1::no costs associated w~th the beach side ~avllion and pods. 'remsrEed ~ha~ ~he u~ili~ costa are and ~lZZ be ~he hegel's reapon- ~--mAbiZi~M; coa~. as, socAa~ed ~i~h beach maAn~enance~ ~raah and removaZ are ~he RegAa~r~'s responsAbAlA~; beachsAde aecurA~, beachsAde concessions, ~d opera~ion o~ ~he grill are ~he respon- ',e~bl~lt~ of the concessionaire. the proposed third structure ~ould be the Oount~'. responsibility, : which Co~t~ Nanager DorriZ~ replied that the Count~ would be respon- '~:.:~':~:. slble flor repair and palnt~ng of the faclllt~ In addition to the ma~n- .'~-~..,~en~ce off the water lines and the electrical service. "~;:~?:~ :::~":' In ~e, to Coatestoner Volpe, ts.tstant County tttorne~ ~:?~ff~:i-;: ldvtsed that the ~rrent agreement does not provide for ~y extension beyond the two yea~ extension. He remarked that the apresmerit is sub- -;~:~:-.~ect to the Co~ty's ~rchastng Policy relative to competitive bidding ':~;~}i,;,-/~less the Coatssion .aires that particular provision. 0o~tsstoner Saunders asked ~hather Nr. Popper ~ouZd be amenabZe ,,~i,Y,' to assuming the refiponstbtltty for the maintenance and replacement ; ..the pc8 and deck facilities. ~r. Popper replied In the affirmative. ~0o~laatoner ~aunders ~esttoned ~hether Nr. Popper ~ould conalder a L??~.;,f::flve year extension beyond the renewal period ~hlch expires in 1995~ ':?~?:'~tn lieu of a 10 yemr extension. ~r. Popper affirmed that he concurs ;~j;;;~J ~tth a fftve year extension. ~/~:~::;~.., Coatseisner Volpe remarked that the third aspect of the proposal ~J~.~.:ta the AU0 s obligation to build the addlttonaZ third pod, regardZess t ~:;/.:o~ what happens today. ~r. Popper explained that ContsstoneF Volpe ::~;'??~1' correct, bu~ the third pod has never been truly identified. ,pointed out thnt the dra~tnga cal1 flor a bar, noting thnt is no~ ;.¢:a.":~:}S, N~'.Popper stated that subject to the 0ommisston~s approval, the ?"j~iat~ is plying to build, ,~ its enttre expense, the third pod. He indicated that originally the Registry was to put up 875,000 for Page 10 not only will the County have a wonderful facility, at no cost to the "~/?~[~][' - g t t plus the $ 5,000. He advised that this w~11 be a $500,000 Investment on the part of the Registry for the good of the community who will have significant benefits. :f~/~.~j% . Commissioner Volpe asked if tourism could be promoted without an ?j~'.event-by-event, after hours sale of alcoholic beverages. Mr. Popper ~rolated that the ~1tGhteot bit of new advantage will ~et the ud It Is very Important tha~ the Re9ta~ry a proposal be approved. ~ call for t~ ~stton, t~ ~tton failed 2/3. (C~tsstoners .~h~n~u, Seeders ~nd Goodnight opposed). Cosmdssloner Saunders norad, seconded by Co.mlsetonsr Shanahen to the Regtetry'e proposal in concept, with the following con- That the concession agreement he extended for a period of 5 T~at: appropriate reserves be set aside for replacement and re~eal of all the facilities seaward of the boardwalk, the pods, deck, and the macant of that renewal and replace- mwnt reserve fund would have to be determined using reaso- nable accounting methods for these types of facilities. The,.e would be an additional $100,000 contribution for the utilities and the Registry would pay all the costs for construction of the pod and the deck. Approval for an event-by-event basis for the use and sale of alcoholic beverages. The arrangenent will be at the sole discretion of Collier County and if it is determined that the e~ent-by-event approval is causing problens, I.e. excessive nots,e, etc., Mr. Popper will be notified of the cessation of the arrangement and any future bookings that he has that are reliant on the use of those facilities would be at his risk. The CounWwould receive 20~ of gross revenues, al~ of the revenues from the sale of food and alcoholic beverages at the pod and the deck area derived by the Registry. The Re~letry will Indemnify the County fully for any poten- tial liability in reference to the use of those factltttes~ the County will be named me an additional Insurer on all polices relative to potential liability from the use of those facilities; those policies will not be cancelled without at leut 30 days notice to the County Attorney's Office of the desired cancellation of any of those lnm~rance policies. The policies c~nnot be terminated without notice, and it will he I violation of the agreement if the County is not fully lr~eantfted. ~ov~r lg~ lggx Th~J hotel will provide the full cost for a p~rk ran~er. That p~'k r~r will b~ an e~l~ee of Collier C~ ~d the ~k r~r ~tll ~ ~bJect only to the direction of the C~ ~ger, ~d not ~bJect to the direction of the !~tmt~ Betel. ~e reason for this ~mttlon Is to pr~ldm m ~k r~Qer at that facility ~t tf Nr. ~rrtll deterlass t~t ~ had to use t~t ~rmon at ~y other location at ~y o~r tie, it ~tll ~ at Mr. ~rrtll's mole discretion, All costs, such as the tra~, In reference to the operation of th~e facilities will !~e borne by the Registry Betel for thc~m special events and the County will not participate in anyMy In the cost of providing transportation at those ct&l events. The ~lstry Betel will i~re that no one .possessing alcoho- lic b~v~ra~es will be able to leave the deck area with those alcoholic b~verages; this Is for sale and consumption on the d~ck of thm facilities. There ie ~reat concern for noise, safety, uintenance of the fmciltttmm of the p~rk and all of these types of factors will ho involved In approval of the events: specifically, there will ho no d~nctn~I no ~mpltftcation of music; no more than a trio in terms of enterSalient at any m~ent; compliance with all State, Federal and Count~ la~ concernin~ alcoholic b~vwr~ and environentel protection, including protection of the turtles. If there ts an ordinance or state 1~ that prohibits lights at certain ties of the year, the Ra9tst~y will be in compliance with those, and in partlouie, the County Soles Ordinance. Coeu~lestoner Volpe stated that the County has budgeted $175,000 ,,~hls year and presumably, what is being discussed t8 to take place in the current fiscal year. Be noted that he personally would prefer to ,'see the $175,000 spent elsewhere in the Parks and Recreation budget. Be questioned the petitioner's position with respect to underwriting .'..the entire cost of whatever to being proposed 8o that there would be .$175,000 available and budgeted this year to be used for soccer fields, little league fields, etc., rather than what is being discussed. ~j~ . Attorney McMacktn replied that he would not foreclose that, but is ?lmaware of what that cost is. He stated that he received a fax from Nilson, Miller, Barton & Peek, Inc. providing an estimate of what the bids would be and that number is $266,000 and of that, the Registry 'already has an escrow with the County of $100,000 which reduces the ~ost to $166,000. He remarked that he has offered, under Commissioner L~Saunders! motion to contribute an additional $100,000 which would Page 12 November 19, 1991 leave the balance at approximately $66,000. :' Commissioner Volpe suggested that whatever the costs may be, that they be entirely underwritten by the petitioner. Commissioner Volpe explained that the estimated cost presented for twater, electric, telephone construction and mitigation shows that the total cost to the County is $295,132.50. He noted that he Is looking l~.iat the $175,000 budgeted amount and Mr. McMackln is offering another $100,000 to~rard the construction of the electric for the ten year extension, presumably the five year extension would not change that. He related that he does not want to see in this fiscal year or the next fiscal year, these monies that have been budgeted for the expan- ~alon of the third pod at Clam Pass. He stated that he would like to !?]]'see that money spent someplace else. He reported that there are more · immediate needs for those monies, than what is being discussed. Attorney McMacktn advised that he does not have the authority to . agree to Commissioner Volpe's suggestion, but if It Is the desire of '..the Commission that approval of the petition be based on that as a condition precedent that those costs are paid, he will recommend same ' to his c/tent. Saunders a~ended his motion to reflect the above., ¢os~lssto~er Shanahen concurred with the a~end~ent. Commissioner Shanahen reminded the Commission that all of the per- tinant documents would have to come back in the form of an amended agreement and an amended ordinance as it relates to the alcohol provt- sion on the beach. '~. Upon c~/1 for the qvestlon the ~otion carried 3/2 (Co~llSiOners Volpe Hesse sed). ~eo, ~ff8= 1:45 P.M. - Reconvene: 2:45 P.M. at ~lch tim N~W ~ :~.C1~ ~io r~lac~ ~ Clerk Hoff~ os. Zt~ property. Planner ~teeks distributed a handout identifying the sub~ect Page 13 November 19, 1991 Richard Grant, Attorney for Dennis Lynch, explained the basic ;sue to be addressed today concerns Section 2.4.2 of the Zoning Resvaluation Ordinance, as it applies and as tt has been interpreted by the Growth Planning Department, for a piece of property owned by Mr. Lynch. He displayed a site plan and distributed copies of same. 'He referred to a letter forwarded to him from Mr. Weeks of the Growth '~Planntng Department dated August 19, 1991. He related the two basic ~."tssues he will address are: (1) whether Section 2.4.2 of the ZRO i::requtree that, in order to avail oneself of it, It is necessary to Install on the affected property Infrastructure or whether it is also necessary to construct buildings, and (2~ how and to what extent an outparcel, shown on the site plan, can be utilized. He related that Section 2.4.2 basically protects final site development plans and final subdivision master plans which were approved between the dates of January 1, 1988, and the effective date of the ZRO (Zoning '~.,Reevaluation Ordinance], adding that this property was approved tn ~.,.December of 1988 and, therefore, falls within this window. .D~strtbuttng a xerox copy of Section 2.4.2 of the ZRO (Zoning Resvaluation Ordinance) displaying yellow highlighting, he Interpreted 'same to mean that all which is required to be built on the subject -property is the Infrastructure. Referring to Section 2.4.2.1. of the ZRO (Zoning Resvaluation Ordinance), he reflected there is no Issue in instance regarding this section as construction did commence by 'i,11 the desioT~ated dates. He stated that reading the literal wording of .:the Ordinance and knowing what those terms mean and how they are ;'lapp/led leads him to the very clear conclusion that all which is :authorized by the site development plan Is what has to be constructed, namely, the Infrastructure and not buildings. Referring to Section 2.4.2.2 of the ZRO (Zoning Reevaluation Ordinance), he related that 'The construction" means that which was authorized by the final site development plan. Referring again to the letter dated August 19, 1991 from Planner Weeks, he pointed out the underlined sentence on page three of same. He stated the Board of County Commissioners should Page 14 · ': November 19, 1991 have received a memo from the Growth Planning Department dated ~iNovember 14th analyzing the positions taken by both Itself and the · : petitioner. He stated that page two of said memo (copy not provided ;for the record), verifies staff agrees that a final site development 'plan authorizes the construction of infrastructure, and not buildings. 71! He stated that, although the memo dated November 24th uses the word .".#project#, the relevant sections of the ZRO (Zoning Resvaluation Ordinance) use no such word. He expounded that "Intent" only becomes .? meaningful if there Is something about the language which is ambi- guous, uncertain or unclear. He made additional points reflecting why (.he believes the Ordinance only requires the construction of ~ 'infrastructure. Mr. Grant related that another issue he wishes to have reviewed ~=oncerns the treatment of the outparcel ::..~.,~,~. · He concluded that the owner Intended the outparcel to be available for development in the future. :? Referring again to Mr. Week's August 29th letter as well as the ji:.November 14th memo (copy not provided for the record) Mr Grant ?'etated that development of the outparcel will require some tFpe of a ':-::..,~ development plan, which is a substantial change and triggers the 4G~ intensity reductions called for. He argued the site development plan anticipated something being done on the outparcel. He related ~i~etaff seems to be agreeing that the parcel can be developed with wha- tever C-3 zoning will permit without any intensity reduction once the four buildings are built. He remarked this seems like an unne- ~ Cessary constraint that does not seem to be supported by the Future !..-;Land Use Element policy or by Section 2.4.2 of the ZRO (Zoning letion Ordinance). David Weeks of the Growth Planning Department commented that the :..~ ~1omt critical issue is that pertaining to Section 2.4.2 of the ZRO :~(Zoning Resvaluation Ordinance), i.e. whether this project has f~lfil~ed the requirements of same or whether additional construction is · ~e concurred that a literal reading of that section ... for construction of infrastructure alone to occur and then for Page 25 . November 19, 1991 site to be abandoned, although that definitely was not the intent when same was drafted. Be concluded the language of this Section does say "the construction authorized by the site development plan", ~nd the only construction literally authorized with that piece of paper, stamped and signed, is Infrastructure. He stated it does not allow for vertical construction to occur, yet same cannot occur ?without the approval. Secondly, regarding the Intent of the [[Ordinance, he stated that the subject property, with its infrastruc- ture installed, by definition In the Zoning Resvaluation Ordinance Is ~stlll unimproved property. He concluded it is not logical to have (i~this amount of construction occur, the property remain deemed .unimproved, and yet be safe or free from potential rezontng under the f' Zoning Resvaluation Program. He stated no other property has that status. In response to Commissioner Volpe, County Attorney Cuyler pointed [;' out the wording of Section 2.4.2.2 of the ZRO (Zoning Resvaluation .: Ordinance), stating that Mr. Grant contends his construction is complete because he has done the infrastructure, It can sit there "'forever, and he does not have to proceed any further, while staff~s :['(~posttton is that the Intent of the Board of County Commissioners the ZRO (Zoning Reevaluatton Ordinance) hearings was that this tYpe exemption will be granted but, if petitioner has met the time ['.['line for the site development plans, they are expected to continue ~n good faith to build their project. .) Co~tss~oner Sanders stated he is more persuaded to use the ~:l~t~ral reading of the ZRO (Zoning Resvaluation Ordinance). Dts~ss~on ensued regarding the number of properties which have exertions based on some type of Development Order. . fl Comfy Attorney Cuyler stated that, under the definition of i~r~ed property", the subject property would no~ be ~mproved. He he ~d staff have had a problea ~derstandtng how ~ exemp- could be read to allow the developer to move forward and, even at ~the present state of construction, if looked at originally under the · i PAG£ Page 16 .... ~'' Hovember 19, 1991 Zoning Resvaluation Ordinance (ZRO), it would be considered unimproved ~and rezoned. He etated petitioner has gone to a point in his construction claiming an exemption which would not even exempt him ~/ from zoning resvaluation under the original program. He concluded the /'way to read this is to say that the construction authorized by the ';~. final site d~velopment plan is Infrastructure, that is true, but, in fact, you cannot get your building permit without that site develop- ~[~ment plan and, therefore, in a real sense it also authorizes construc- t!on Just as a PUD (Planned Unit Development) may authorize a density of 200 units. In response to Commissioner Volpe, Mr. Weeks stated the Board of ~'~ ~ount¥ Commissioners, if it so chooses, can give one more time period .of' about ~2 weeks to commence vertical construction. County Attorney Cuyler Interjected he has no disagreement from a legal perspective. He pointed out construction of all four of the buildings is not required, only that construction is begun and com- mencad in good faith. ~%;~: In answer to Commissioner Saunders, Mr. Grant stated the real reason for the delay is because they did not believe it to be required. "Cc~/ee~on~r S~undare ~oved, that the Board of C~unt~ C~l~ fl~ the pro~r~ ~er h~ continued c~t~cti~ [')f'(;" ~~ th~ c~t~n~t~on of conet~ction in good fa~th~ /??~? ~r~cal c~t~ctton nee~ to co--rice relatively loon ~n or~r ~~ ~ ~tton. He redested a f~ndlng that the continuity of ): construction has not ceased in l~ght of the difficulties ~n obtaining '~clng ~d all the things ~h~ch have disrupted the construction over the last six or eight months. D~ecuseton ensued regarding the time required for commencement of :lcal construction. ~~e~ ~undere &~endedhie ~otion, and ~de~ ~e, to reflect that the ti~e period for vertical Pep 17 Noveml:~er 19, 1991 ~ton im twelve months from today's date. Mr. Weeks voiced concern regarding the twenty-three other property OWT~ers finding themselves in a similar circumstance as they have not been addressed at this point. He questioned whether staff should con- tlnue to take the position they have been taking. Commissioner Saunders referred to Section 2.4.2.2 of the ZRO (Zoning Resvaluation Ordinance) wherein it talks about continuance of construction in good faith. He suggested consideration must be given to existing market conditions when considering "good faith" He pro- posed staff must look at remaining projects on a case-by-case basts and determine whether they are proceeding in good faith. Upo~ call for the question, the motion carried unanimou~ly. Mr. Weeks stated it is required in the Zoning Ordinance pre- sently existing as part of the Unified Land Development Code that wanting to make a change such as development of an outparcel constitu- tes a substantial change to the site development plan and triggers an amendment to that SDP (site development plan) for purposes cf showing the proposed development. He comme~nted that Policy 5.1 of the Future Land Use Element triggers the requ:[rement for a certain percentage reductlon of intensity, i.e. in this case a 40% reduction ~n the intensity of development on the site. (kM~md~oner Shanahan ~ed, seconded ~ Conditioner Hasse ~d c~ ~l~ly, to appr~e the Interpretation of staff relative tO t~ 4~ ~le m~lylng in this case. lt~ ~~~ ~ SKLK~ON OF PRO~SSION~ KNG~KR~NG Fl~ TO PROVIDE ~SX~ ~GI~ING SERVICES FDR DESIGN ~ CONS~ucrIO]q SERVICES ~R ~ ~ C~ ~GION~ WASTEWATER ~EA~ PL~ ~SION - ~ ~1-~53 - CO~I~ED It m the consensus of the Board of County Commiss~oner,~ to con- tim this Item. WORKSHOP/HOMELESS PLAN - CONTINUED It ~ the con~ensus of the Board of County Commisstoner~J to con- ttnu~ this item. Item d~&l JOINT VENTURE TO CONSIDER AN EAGLE MANAGEMENT PLAN FOR THE ~ZON OF AN ENDANGERED S~ECLE~ (THE BALD EAGLE, NEST TEBRITORY Page 18 November 19, 1991 G~O--I~) ~ Rg~LRD TO TH~ CONSTRUCTION OF AUDUBON COUNTRY CLUB, PHASE X! - ~ A~RKEM~NT APPROVED; TO BE PLACED IN CHAIN OF TITLE FOR PUBLZ¢ !1OT~CE RE RESTRICTION APPLICABLE TO SECONDARY ZONE Community Development Services Administrator Brutt distributed a revised Executive Summary. Environmental Specialist Prynoski related this item had previously been continued based on a concern that the Florida Game and Fresh Water Fish Commission letter did not address single family construc- tion in the secondary protection zone, and Petitioner was re, solicit that information and return. She confirmed a copy of the letter from the Florida Game and Fresh Water Fish Commission as well as from William R. Cox are included in the revised packet. She reminded the Board of County Commissioners that other concerns included monitoring during the nesting season and safeguards within Deeds to notify affected units that they are in the eagle's secondary protection zone and that construction will be at their own risk. William R. Cox related events and results of the last two weeks' of negotiations with Florida Game and Fresh Water Fish Commission. He reported the contents of the letter from Florida Game and Fresh Water Fish Commission. Ms. Prynoski reported Mr. Lusk has some proposed changes to the language of stipulation #3 which would allow deletion of #7 and #8. Ms. Prynoski remarked that the lack of a definition between light and heavy construction has caused problems in the past. Referring to the third paragraph of ":he letter from Florida Game and Fresh Water Fish Commission, she read that portion highlighted in yellow. Co~issioner Saunders announced it has been clarified to his satisfaction by the Florida Game and Fresh Water Fish Commi~sion that single family homes can be constructed in the secondary zone during the nesting season as long as the complex monitoring program developed by staff is adhered to. He reiterated that should there be any nega- tive impact to the eagles during the nesting season in the secondary zone by virtue of construction of a single family home, then that construction will cease. He reminded everyone that there must be Page 19 November lg, 1991 notification to the County two weeks prior to the beginning of any construction of single family homes to permit establishment of the monitoring process. C4~eeht~ioner Saunders moved, ~econded by Commissioner Shanahah, to ~ th~ &udubon Country Club, Phase II, Eagle Management Plan with t!~ ~ldittonal stipulation that the Agreement be recorded, thus pl~cill~ tJ~ public on actual notice that these restrictions apply to con~tt-~ction in the secondary zone. Don Lusk reiterated he recommends revision to Recommendation #3 on page 2 of the revised Executive Summary so that it reads, "the Florida Galae and Fresh Water Fish Commission local wildlife biologist shall determine the official ending and beginninq of the bald eagle nesting season. Collier County Project Review Services - Environmental Staff, shall be officially notified in writinq of this determination. No construction activities, including clearing, may be commenced with the exception as determined in Stipulation #5. The Petitioner further a~rees that any construction occurring in the month of September can only be done if the'site is monitored on a daily basis by an ecoloqist approved by Florida Game and Fresh ~ater Fish Commission. The moni- tortn~ will be done for the express purpose of determtntnq 'the commen- cement of the nestinq season, at which time construction activity shall cease." Mr. Lusk suggested that Reconmendation #7 be deleted and that Reco~endation #8 be replaced with "The Petitioner agrees that these stipulations will be recorded." In response to Commissioner Saunders, Ms. Prynoski confirmed that staff is in agreement to the language proposed by Mr. Lusk :for Recommendation #3, the deletion of #7, and the language proposed for $8. Commissioner Volpe suggested the stipulations will be recorded along with the Plan which shows the seventeen sites that are within the secondary protection zone, to which Mr. Lusk voiced agrt~ement. Referring to page 3 of the Executive Summary, Mr. Lusk ]requested Page 20 November ~9, 199~ that 5b be changed to read, "An ecologist from Kevin L. Erwin Consulting Ecologist, Inc. or a successor ecologist approved by Florid& Game and Fresh Water Fish Commission and Collier Ccunty shall begin monitoring the bald eagle nest the first year of any single family construction. Monitoring ~hall be at least two times per week, for a minimum of two (2) consecutive hours beginning at or about s%L~rtse or ending at or about sunnier. Weekly reports of the moni- toring shall be forwarded to Project Review Services, Environmental Staff and the local office of Florida Game and Fresh Water Fish Gommtsston to confirm either that the eagle has or has not been disturbed. Both aforementioned agencies shall be notif]ed immediately of the eagle's disturbance. No single family construction shall proceed without obtaining permission in writing from Projec'~ Review Services, Collier County." In response to Commissioner Saunders, Ms. Prynoski indicated staff has no objection to the changes proposed. Color.toner Saunders m~ended his motion to include the language ch~x~g~ proposed by Mr. Lusk ~n the Agreement, and Commissioner $h~t~mh~n ,a~ended h~s second accordingly. Upon ¢mll for the question, the motion carried unanimou~,ly. ***NOTE: AGREEMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF 6/15/92'**** Fage 2] November lg, 1991 OF []I~IRONM~NTAL LANDS PROTECTION PROGRAM REFEREFDUM ON THE 1992 BALLOT - STAFF TO CONTINUE DEVELOPMENT OF ORDINANCE AND ~At~K ASAP FOR POSSIBLE SErf'EMBER REFERENDUM OR MAIL BALLOT Environmental Services Administrator Lorenz introduced this item. Commissioner Saunders interjected that he has received a request from the Children's Services Council to continue this item for two weeks. Mr. Lorenz responded that the Environmental Protection Technical Advisory Board voted to present this item today to allow placement on the referendum. Mr. Lorenz provided an overview of the program, includ.ing some of the issues raised in the previous discussion of this item. He explained that the map contained in the agenda packet was developed based upon a number of natural resource protection concerm~. He related that EPTAB (Environmental Policy Technical Advisor%, Board) has reviewed the acquisitions with regard to two types of purchase, I.e. purchase of property itself or of property use rights, to meet the environmental objectives at the least cost. He concluded this is a program without condemnation authority and is simply a willing seller premise. He stated the draft Ordinance included in the agenda packet addresses policy procedures of the acquisition program. In response to Commissioner Hasse, Mr. Lorenz stated a fifty million dollar bond issue is beinil recommended. Mr. Lorenz relayed EPTAB's (Environmental Policy Technical Advisory Board's) desire to continue to workshop with the public the maps and proposed Ordinance. In response to Commissioner Volpe, Mr. Lorenz confirmed there are sites appearing on the proposed acquisition list which are also con- tained on some of the existing lists. He concurred there is a need to avoid competing with state agencies in terms of duplication of effort in trying to acquire these sites. He added that the advantage to having these particular sites on those lists is for matching funds, as Page 22 November 19, 1991 state programs are looking for local matches. In r~sponse to Commissioner Hasse, Mr. Lorenz confirmed that the possibtll[t¥ exists for development of wetlands in Collier County and, therefor~, there is a need to identify which of the wezland systems provide for such a high degree of environmental value that purchase of the property or purchase of certain property use rights is the best means to protect them. In response to Commissioner Volpe, Commissioner Saunders stated that the urban line is not fixed in perpetuity and, thus, is subject to being moved. He concluded it is necessary to either acquire said lands now or face the spector of development. Regarding program costs, Mr. Lorenz confirmed an attempt was made to identify a number of fiscal impacts for the program other than ~Ust the bond issue to be retired by ad valorem taxes. He relayed staff's recommendation that the millage rate not exceed 1/4 mill in any given year. He stated there is a fiscal impact to tak.[ng these properties off the tax rolls. He reported the affect would be an increase in the aggregate millage rate of .03 mills, or an increase of 0.?~. Me confirmed that administrative costs of the prograf~ have been considered. He pointed out the addition of a potential fiscal impact of either a part time or contracted coordinator, concluding that the costs of services and annual administrative costs can range anywhere between $20,000-$40,000, and would be funded through the program itself. ~e proceeded to discuss other potential costs to the program. He etated the intent is for the County not to be involved in land management costs. Glenn Simpson, Chairman of Environmental Policy Technical Advisory Board (EPTAB), related his organization has been careful to address the issue of land management over the long term. He remarked there is ~o shortage of entities interested in land management, the .~uestion being which is the correct one for each parcel. He confirmed his organization has been very careful to insure they have the ability to select the correct entities for land management and securit!f on each }~age 23 November 19, 1991 of these parcels. Commissioner Shanahan pointed out there might be fees associated with a L~d Management Agreement preventing total eltminat:[on of land management expense. In response to Commissioner Hasse, Mr. Lorenz stated that the land m~nagement entitles would be managing the land at their expense as it ftt8 their objectives. In re.ply to Commissioner Saunders' inquiry regarding tke bottom paragrap[. on page 3 of the proposed Ordinance, second sentence from the bottom, Mr. Lorenz stated tha~ removal of exotic vegetation is an example cf initial restoration costs. In response to Commissioner Volpe, Mr. Simpson explained that a fee simple purchase is the first mechanism for protection of the areas. Re proposed that one possibility is utilization of the areas for mitigation banking. Discussion ensued regarding establishment of a transfer of deve- lopment rights program. Mr. L~renz explained that staff's recommendation is for the Board of Cotmty Commissioners to approve the placement of a ballot question on the March 10, 1992 referendum along the lines of the Resolution included in the Agenda packet. He recommended modification of the Resolution to include a ceiling on the ad valorem taxes, i.~. not to exceed 1/4 mill of ad valorem taxes. He related that it is also recommend,~d that the Board of County Commissioners adopt, by mid-$an~am¥, an enabling Ordinance establishing the procedures for thls particular program. Mr. Simpson proceeded to discuss the maps and identify what the actual nacural resource protection objectives are, as contained in the agenda package. '$ D~a~! Clerk Guevtn replaced D,~put¥ Clerk Farrts at this time '' Mr. Simpson indicated the intention of EPTAB to have the gnvirornme]ltal Lands Protection Program placed on the March, 1992, referendue while in the meantime, continue having public workshops. Page 24 November 19, 1991 In response to Commissioner Volpe, Mr. Simpson indicated it is not the intent for the County to exercise its powers of condemnation because to get to that point, the actual value for every dollar spent is tremendously diminished by attorney fees and the time expended. He said if the County can maintain a willing buyer-willing seller sce- nario, the environment will benefit from those dollars rather than other interests. Co~missioner Volpe communicated his concern with fast-tracking th~s program. He said the EPTAB will need to convince the Board of County Commissioners that the program is well thought out and all alternatives have been investigated. He said the Board has learned through past experience that if there is not a program of education that ~s meaningful, the public will not be receptive. Eric Draper, with the Nature Conservancy, reported his organiza- tion has protected approximately 450,000 acres of land in Florida. He explained the reason for making a decision this date is to proceed with the acquisition of lands that have been identified through the EPTAB process. He said by moving toward a ballot on this issue does not mean the lands are protected, rather that the County is setting a method for protection. Commissioner Volpe stated if property is on a list for future acq%l~eition, the ability to sell that piece of land will be limited. He said in fairness to the property owner, once the program is begun, the process for acquisition should begin as soon as possible. Mr. Draper agreed, adding there is much more competition this year for State funds to acquire lands on the CARL list. He indicated a question that will be asked is whether a local acquisition program is planned or in place. In response to Commissioner Volpe, Mr. Draper stated his belief that a meaningful education campaign can be accomplished with $25,000. Mr. Draper stated the analysis done by the Nature Conservancy leads him to believe that 57% of the voters of Collier County would support an Environmental Lands Protection Program at this point in Page 25 November 19, 1991 tine. He said if the Information Is fully explained to the public prior to a vote, that number could be considerably higher. Commissioner Saunders remarked that asking voters to approve 1/4 mill to pay for this program will result in an approximate 8% increase in property taxes. Mr. Draper disagreed, adding the County may have enough income stream from the growth rate to implement the program without increasing taxes. He predicted considerable support for paying a small increase in taxes for a discreet program. Commissioner Shanahan asked if including both the Children's Services Council and the Environmental Lands Protection Program on the same ballot will result in the defeat of both? Mr. Draper indicated in the negative, adding much research has been done on that question. The following people spoke in support of the proposal, stating many land management programs are eager to get involved in the manage- ment of lands once acquisition has taken place; development pressures are increasinG significantly, which will result in a decrea:~e of environmentally sensitive lands to be protected; Collier County has received over $6-mlllion in the belief that the County will match those funds; and the program involves not only envlronmenta3 protec- tion, but water recharge and stormwater management, which w:[11 be lost if lands are allowed to be developed: Gary Lytton, Administrator of Rookery Bay Joel Kuperberg, Executive Director, CREW Trust Mike Slayton, South Florida Water Management District Terry TraGesser, Southwest Florida Land Preservation 7rust The following people spoke in opposition to the proposal, stating the citizens of Collier County are opposed to any increase in taxes; the definition of wetlands differs between the federal government, the State and Collier County; many State agencies are involved in a dupli- city of ob~ectives; and the program should be thoroughly studied before being sent to the electorat,z: Fred Tarrant, Taxpayers Action Group Paul O'Neil Page 26 November 19, 1991 Co~mtssioner Goodnight indicated havinG received a letter from Bettie Gulacsik stating the support of the League of Women Voters for the proposal. (On file with the Clerk to the Board.) Commissioner Saunders suggested Staff be directed to review the proposed ordinance and clarify for the Board certain issues, i.e., costs associated with initial ecological restoration, flood control and fire protection concerns and possible acquisition of passive recreational lands as opposed to the acquisition of environmentally sensitive properties. He said the ordinance must be reviewed by the Gounty Attorney's Office and put in the appropriate form. He added the County Attorney's Office should also explore the transfer of deve- lopment rights. Commissioner Volpe agreed, adding that he would like tc see some indication f~om the citizens of the County, perhaps in the form of a petition, statinG they want this .issue on a referendum. Commissioner Hasse concurred that the issues as suggested by Commissioner Saunders need clarification before any decision by the Board is made. Co~misstoner Shanahan commented the Board asked Staff to fast track and bring back this program for the Board's consideration, which has been done. However, he said, he is not comfortable with whether an adequate amount of research has been done on how well this program would be received by the public. Commissioner Volpe suggested County Staff be directed to formulate a meaningful land acquisition and management program whether or not a referendum is successful. Coauaissioner Goodnight communicated the Board of County Commissioners has gone on record several times in support of the CREW project. She said to date, the Board has not honored its commitment of $10-million made three years a~lo to Lee County and the South Florida Water Management District for that project. Commissioner Saunders interjected that the Board made a commitment to put the issue on the ballot with the one cent local option sales Page 27 November 19, 1991 tax, which failed. He said all that can be done this date is for the Board to decide whether or not to give direction to Staff to include this s%lb~ect on the March referendum. Valerie Boyd, Chairman of the CREW Trust, recalled their original intent was for the Board to raise the monies to pay for the CREW pro- Ject in a similar manner as was done in Lee County. She said it has been realized that there is a latimer need in Collier County than just the CREW Trust, and they want to work to the overall benefit of the County. She stated they would like to see the CREW project funded in March, but not to the detriment of other lands. Col~aissioner Shanahan suggested that a program be brought back to the Board with two separate issues, the Environmental Lands Protection Progra~ and the CREW Trust project. He said if the Board is not in a position in March to include the entire program, the CREW Trust por- tion should be placed on the ballot. (~i~ner Saunders ~ved, seconded by Co~mtssioner Shanahan, to dt~-e~-~ Staff to continue working towards the March referen~/m date and to m~'~le · public hearing on the ordinance at which time a decision will ~ ~e for the entire program, the CREW Trust properties alone oF ~oth~z~ mt mll, to be put on the ballot in March, 1992. County Manager Dotrill advised the cut-off date for the March Presidential primary is January 2, 1992. He said because of the Christmas and New Year holidays, the Board's last meeting will be on December 17th and in order for the ordinance to be advertis~d pro- perly, it will need to be in the newspaper within the next three days. He advised the Board not to approve the ballot question prior to havfng an actual ordinance adopted on the subject. ~4~dsei~er $mnnders withdrew the motion. In answer to Commissioner Saunders, County Manager Dotrill gave his professional opinion that the subject should be explored[ more thoroughly and all questions answered in order to have a fair chance of being successful on a referendum. C~mmt~to~r Saunders moved, seconded by Commissioner Shanahan to Page 28 November 19, 1991 dirm~t Staff to continue development of the program, the Co'anty Att~a Office be involved in development of the ordinance, that thil ~m be brought back to the Board as soon as it has been put t~tlmew ~riately for either the September ballot or the ~ossibi- ltt~ o~ a mtl ballot prior to that. Commissioner Volpe suggested as part of the direction to Staff, that the Board be provided with all the lists that various properties appear on for acquisition, how the program will work with regard to properties both within and outside the City of Naples and more infor- mation on the 3,000 acres of Vanderbilt scrub being proposed for acquisition. 13p~n call for the question, the motion carried unantmoul~ly. CAR~II~AL PERMIT 91-§ RE PETITION C-91-§, OUR LADY OF GUADALUPE CHURCH RE(~~ A PERMIT TO CONDUCT THEIR ANNUAL CARNIVAL FROM NOVEMBER 27 TO DE~31BER 1~ 1991~ AT 219 SOUTH 9TH STREET~ IMMOKALEE - APPROVED Frank Brutt, Community Development Services Administrator, recom- mended that the Board approve Petition C-91-5, including wa~[ver of the Surety Bond. ~~t~ner $hanahmn moved, seconded by Commissioner Hasse and ~'mxTl~ ~i~ly, to approve Carnival Permit 91-§ for Petition ~-9~--~, ~ ~ of (hzadmlupe Church requestln~ a permit to conduct thet~ Al~lal Carnival from November 27 to December 1, 1991, at 21g atll 9t~ $t~t, Im~okalee. Page 29 November 19, 1991 z~ I~[~I(I~]~11~TION TO AWARD A CONTRACT FOR COUNTY-WIDE PUBLIC BIKEWAY PltO,I~C'I~ TO ~ LO~ BIDDER IN ACCORDANCE WITIt BID MO. 91-1785 - ~ TO 11/2S/91 P,,~CO~&TZON FOR APPROVAL OF GAC ROAD CONSTRUCTION IN ACCORDANCE ~ BID 91-1759 AND REPORT ON THE ESTABLISHMENT OF AN ASSESSMENT DISTRICT WITHIN THE GOLDEN GATE ESTATES FOR CONTINUATION OF GAC ROAD l~P~O%~[~[[T~ - CONTINUED TO 11/26/91 Xtm d~SB3 Iq~C(]SB~B3Jl)ATION TO ACCEPT THE LO~ST AND MOST RESPONSIVE BID FOR ~OLLZER Oo~!rTY BAREFOOT BEACH PRESERVE BATHHOUSE IMPROVEMENTS, AND TO AU~ZI AB~LRD OF A CONSTRUCTION CONTRACT TO VANDERBILT BAY C~ON, INC., PURSUANT TO BID NO. 91-1780 - CONTINUED TO ~TION TO APPROVE A CONTRACT AMeNDMeNT WITH SMALLY, W~LLFORD ~ ~ l~)R MINOR DESIGN REVISIONS AND RIGHT-OF-WAY SUPPORT · ~]~r~c~ To le~NALIZE REQUIREMENTS TOWARDS CONSTRUCTION OF $FESTCLOX AND CAIt~O~ ROAD~t CIE PROJECT NOS. 026 AND 035 - CONTINUED TO 11/26/91 P~TR~JkNT TO BOARD ACTION ON JANUARY 22, 1991, FOLLOW-UP I~TIONS ON CONTRACT DESIGN SERVICES FOR VANDERBILT DRIVE BY JOH][~O~ K~GI'I[KERING - CONTINUED TO 11/26/91 ~C~I~DATION TO AWARD A CONSTRUCTION CONTRACT TO APAC-FLORIDA, INC., FOR ~ANTA BARBARA BOULEVARD ROADSIDE DITCH AND BIKEPATH IMPROVEMENTS, PURSUANT TO COUNTY BID NO. 91-1784 - CONTINUED TO 11/26/91 Item ~8D2 AMJL~D OF CONTRACT FOR CONSTRUCTION OF WATER MAIN AND EFFLUENT MAINS ON ~00~ ROAD E]U~ENSION - BID #91-1789 - CONTINUED TO 11/26/91 Item ~D3 ~ OF COlTRACT FOR CONSTRUCTION OF WATER MAIN ON GULFSHORE DRIVe, V~ILT ~EA~H ROAD AND SIXTH STREET IN NAPLES PARK AREA - BID · 91-17~ - CONTINUED TO ~/26/9~ ]~~MkT/ON THAT THH BOARD OF COUNTY COMMISSIONERS AUTRORIZE THE OHA]~N TO mc1~l~ A ~ O~ER ~ER ~E ~ CO~ ~E ~~ s~IcEs ~ B~, s~z~, ~A~R a P~RS, ZNC., ~ ~ ~I~ OP ~ ~IRD ~0OR OF BUILDING H FOR $33,000 - ~ ~ ~/26/9~ CON~![T B~THE BOARD OF COUNTY COMMISSIONERS FOR NABORS, GIBLIN & NI~, P.A., TO PROVIDE TO COAST COMMUNITIES CORPORATION, LEGAL AND FI~CIAL CONSULTING SERVICES TO REVIEW AND ANALYZE, AND UPON ~UBS~.IFT BOARD APPROVAL, IMPLEMENT AND ASSIST IN FINANCING THE PROVISION OF LARGE SCALE DEVELOPMENT INFRASTRUCTURE THROUGH 0OOP"ERATION WITH LOCAL GOVERNMENT - CONTINUED TO 11/26/91 November 19, 1991 TO APPROVE AND EXECUTE A FRANCHISE FEE SETTLEMENT PALMER COMMUNICATIONSr INC. - CONTINUED TO 11/26/91 Ite~ R~CO~NDATION TO APPROVE THE TRANSFER OF PALMER COMMUNICATIONS INC(Y~PORATED CABLE TELEVISION FRANGHISES TO PALMER CABLE ASSOCIATES, A FLORIDa GEN~I~3kL PARTNERSHIP - CONTINUED TO 11/26/91 Clerk Hoffman replaced Deputy Clerk Suevin at this time APPHAL ~Y ROBERTO AND TRACY CALDERON RE ABATEMENT OF PUBLIC NUISANCE, ~ ~Z~OR LilieS, BLOCK 11, LOT 35 - ADMINISTRATIVE FEE WAIVED; OMWKR TO PAY $365 Community Development Services Administrator Brutt advised that this item is an appeal by Roberto and Tracy Calderon relative to a property that had violations of accumulated garbage and trash, noting that there was also a boat located on the property. Mr. Brutt stated that Mr. Calderon was notified of the violation in May, 1991 and the contractor was brought on site to remove the trash In Auglist, 1991. He indicated that an invoice in the amount of $465 ($365 for removal of the trash and $100 in administrative fees) were forwarded to the property owner and he is appealing same. Mr. Roberto Calderon explained that after he received notification of the violation, he contacted the owner of the boat and was told that he would remove the boat from his property. Co~missloner Volpe questioned whether Mr. Calderon allowed the owrter of the boat to store it on his property. Mr. Calderon stated that the boat was already on the property when he purchased same. Mr. Brutt advised that County Investigator Bolgar determined that the boat is owned by the nephew of the person whose lot is adjacent to Mr. Calderon's property. He noted that the person that owns the boat notified. Mr. Bolgar that he would remove it, however during the months of May through August the boat had not been removed and a contractor was hired to remove same. Commissioner Saunders asked why staff does not file a suit against the person who created the nuisance. Page 31 November 19, 1991 O~luton~r Saunders moved, to direct staff to file a claim ~il~t the owner of the boat. Motion died for lack of a second. Mr. Brutt announced that in addition to the violation of the boat, a considerable amount of trash needed to be removed from the property and the contractor has been paid $365. Oo~iuloner Shanahan moved, seconded by Co~tsstoner Vol~ ~d ~l~ 4/1 (C~tsstoner Sanders optsad), to waive the a~intstra- ti~ ~ of $1~ ~t the pro~rty ~er t~ rea~naible for the ~~e ~t of $365 for re~ving the trash. ~T ~ ~IC~ ~~ NOT TO ~C~ED $326,115 ~R ~ 1991-92 - Emergency Services Administrative Manager Griffin reported that staff conducted a study and analysis to determine the best course of action relative to providing medical examiner services for Collier County. Mr. Griffin explained that historically, Medical Examiner Services for Collier County have been provided through an annual contract with the Chief Medical Examiner for District Twenty. He noted that staff collected various data to determine the best long term course of action to provide the most efficient and cost effective means for medical examiner services in Collier County. He offered four options for the Commisston's consideration. 1. Remain as a contract agency as has been done historically, 2. Merge the Medical Examfner's agency Into a full County department. 3. Variations of Options 1 and 2 above. Mr. Griffin indicated that Emergency Services and Human Resources staff met with the Medical Examiner's staff to discuss the above identified options. He related that the Medical Examiner and staff of that office desire to remain as a total contract agency. He requested direction from the Commission for staff to negotiate a service contract with the interim Chief Medical Examiner in an amount not to exceed $326,115 (Option A in the Executive Summary) for Page 32 November 19, 1991 the c~rrent fiscal year. Commissioner Shanahan announced that he is in favor of Option A. In response to Commissioner Volpe, County Manager Dotrill explained that Florida Statutes requires that the County pay for costs associated with the District Medical Examiner. He noted that the Medical Examiner is patd by the County Commission, however, they are an arm of state government and fall under the Department of Law Enforcement in terms of their Jurisdiction and responslbi]ities. He remarked that the Office of Medical Examiner is a political appoint- ment of the Governor's Office. ~4~mtsstorAer Shanahah moved, seconded by Commissioner Hasse to ~ staff's Option A that the Medical Examiner's agency remain as a c~t~act ai~enc~ as has been done historically, and that staff nego- tia%~ a ,~mtract in an a~:mnt not to exceed $326,115. Finance Director Yonkosky advised the Commission that the Medical Examiner's Office is requesting a payment In advance. He explained that he wants to insure that authorization is being given to disburse those funds in advance of the services being provided as opposed to the way its been done in the past. He remarked that the Medical Exsminer's Office needs the funds in order to operate. County Manager Dotrill related that the agreement would be approved for one year, noting that he sees no problem with a one month advancement as long as the contract allows for a post audit evaluation of actual invoices and costs. The Commission concurred with the request for payment in advance. UpCm call for the question, the motion carried unanimously. Page 33 November 19, 1991 ~~I~ gl-78S, SUPPORTING & PRIORITY RANKING FOR ~ ROOKERY BAY County Manager Dotrill reported that the proposed resolution rela- tes to a meeting that was held this week with respect to local expression in support of Rookery Bay's position #19 on the CARL list. Mr. Gary Lytton requested adoption of the Resolution, voicinG local support from the Commission, He remarked if adopted, the Resolution will go before the Land Acquisition Advisory Council. ~mimiox~r $1~mnahmn ~oved, seconded by Co~misstonsr Saunders and ~t~d ml~ousl¥, to adopt Resolution 91-788. Page 34 November 19, 1991 ACCEPTANCE OF WATER FACILITIES FOR CORAL ISLES County Manager Dorrill announced that this item relates to the water acceptance agreement for the Manatee Shopping Center. He indi- cated that the executive summary (copy not provided to the Clerk's Office) meets with all the requirements, has been reviewed by the County Attorney's Office and staff is recommending approval. Co~a~llicrner Shanahah moved, seconded by Commissioner Hasse and cm_-T~ed unant~usly, to approve the acceptance of the water facilities for tl~ Coral Illel project. OR Book 1691 Pages 4 - 15 Page 35 November ]9, 199] ee. Commiaaloner Shanaban moved, seconded by 0outsstoner Hasse ~ c~u~l'ted nnant~ously, that the following items under the con- ~t ~4m ~ approved ~d/or adopted: ''' 8~ A~D ~R ~CAVATION PETIT NO. 59.317 "BRI~E L~E', ~~ IN SE~ION 2, ~SHIP 49 SO~H~ ~GE 25 EAST See Pages ~t~'J.~'B1 ~ to ~8B6 ~D~T ~]I~M~]IT INCREASING ~ ~ ~CE FOR ~ 123 IN ~OR ~ ~~ ~~ - IN ~ ~ OF $3~500 It~~$ ~ ~ IN~ING ~ ~ B~CE ~1~ ~ 123 - IN ~ ~~ ~4,237 Ztem#16D2 &~9~'E OF A PERMANENT UTILITY EASEMENT FOR THE EAST AND SOUTH NAPL~ SANITAR~ SEWER PROJECT Item #16D2 ACC~fAN~ OF A TERMINATION OF LEASE AGREEMENT 9.J~D RECORDATION ~ OF ~H ~DIFICATION OF LEGAL DESCRI~IONS FOR EXISTING ~, D~ ~ BILLS OF SALE RE PROVIDING S~R ~EA~ TO ~~ ~O~ CONdiTION D/B/A LA~ ,'.STATES lt~ ~16D3 ~~ OF ~ N~ICK OF ~OMISE TO PAY ~ AGRK~ TO ~K~ PA~ ~ ~ I~ACT ~KS ~R RONALD P. ~~ ~ PA~ICIA M. See Pages ~-- ~ ~~ 91-786 A~ORIZING ~E ACQUISITION OP ~S~S REQUIRED ~ ~ I~~TION OF ~ILI~ IMPROVES ALONG THE LIVINGSTON ROAD ~I~ ~~ PI~ RI~E ROAD A~ THE ~~RE SUBDIVISION ~ A~IZI~ ~ TO ~OCEED WITH ACTIVITIES REQUIRED TO EXPEDITE SAID ~ ACQUISITION SeePages It~ ~16D5 ~X~FT~ON OF TH~ NOTICE OF PROMISE TO PAY ~D AGRE~ TO PA~ OF S~ I~ACT ~ES FOR ASPEN-L~E ASSOCIATES LIMITED P~IP See Pages Item ~16D6 continued Indefinitely Page 36 November 19, 1991 AUTHORIZED TO EXECUTE WORK ORDER JEI-4 UNDER THE ANNUAL FOR PROFESSIONAL ENGINEERING SERVICES ~IITH JOHNSON ENGI]I]EI~RING RELATED TO THE DEVELOPMENT OF THE SI[ERIFF'S FIRING RANGE SeePages EIg~JJUTIO~[ OF & NEW SUBLEASE AGREEMENT BETWEEN COLLIER COUNTY, A PO~I~ZCJk~ ~IIBDIVISION OF THE STATE OF FLORIDA. J~t~D THE JAYCEES FiN~IIMkT/O~I OF )LJkPLES, INC., FOR TH~ SOLE PURPOSE OF A DROP-OFF ~OCAT~O[[~ RECYCLING TRAILERS AT NAPLES AIRPO[~ Its e164J2 See Pages · ][]L'UI~O][ OF A NEW LEASE AGREEMENT BETWEEN COLLIER C0URTY, A POLITICAL ~~ON OF THE STATE OF FLORIDA AND THE ClT~' OF NAPLES, AIRPORT A~, POE TNH CONTINUED USE OF PROPERTY NEEDED FOR A SOLID WASTE TRJk]I~F~ NTATION AT NAPLES AIRPORT See Pages Io'7- EXECUTION OF TWO ASSIGNMENT AND ASSUMPTION AGREEMENTS BETWEEN COLLIER ~ &lid THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR THE ASSI~ID~NT OF DRAINAGE RIGHTS AND ASSUMPTION OF MAINTENANCE ~IBILITIES FOR PORTIONS OF THE COCOHATCHEE CANAL IN FURTHERANCE OF THE TERM~ AND CONDITIONS CONTAINED IN THE COOPERATIVE AGREEMENT BK~E~N TH~ PARTIES DATED FEBRUARY 19~ 1991 See Pages Ite~ 91~R1 R~OLUT/ON 91-787 REQUESTING THE UNITED STATES CONGRESS TO AUTHORIZE TR~ ~ STATES ARMY CORPS OF ENGINEERS TO CONDUCT A SURVEY OF THE · HOR~ OF NJkPLK$ AND ADJACENT COLLIER COUNTY, FLORIDA, AND PREPARE A RA~'O~I~I&ISANCH REPORT IN THE INTEREST OF HURRICANE AND STORM DAMAGE ~I0~ A~D BEACH EROSION CONTROL Ttem ~16~2 See Pages AID IMI~O~ AGRKKMKNT mR NAPLES PRO~ION See Page:~ ~ iOll~)itlZl?IOl ~34 REFLECTING ILEVISED HOURLY RATE CODES FOR II17.J~W, I(II.I. llt, Blltlq)N AND PEER, INC.; WORK AUTHORIZATIONS FOR ~]I~I~I~RING ~EHVICE~ FOR PROJECTS UNIT 17, CONNE(.'TOR ROAD B, AND November 19, 1991 FLORIDA WATER MANAGEMENT DISTRICT WELLFIELD NATER USE 1984 TAX ROLL Date 270/271 11/13/91 285 11/14/9! 272/274 258/260 417/419 308/310 279/281 295/299 43/47 51/66 1991-20/1991-27 1985 TAX ROLL 1986 TAX ROLL 1987 TAX ROLL 1988 TAX ROLL 1989 TAX ROLL 1990 TAX ROLL 1991 TAX ROLL 11/13/91-11/14/91 ll/13191-11/14/91 ]1/13/91-11/14/91 /13/91-11/14/91 11/13/91--11/14/91 11/13/91-11/14/91 11/6/91-11/8/91 11/13/91-11/14/91 1991 TANGIBLE PERSONAL PROPE~:TY 11/6/91-11/13/91 ~][T~A ~A/N TIM~ FOR INMATE NOS. 64516, 63551, 71311 AND 50369 ltea#1623 SAT~'F&CTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER See Pages /37 MZ~J~N~S CORRESPONDENCE - F/LED AND/OR REFERRED The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: B ~00~'.: ~5 Page 38 November 19, 1991 3o Copy to BCC of letter dated November 1, 1991, to Mrs. Carol McGallum, Florida Department of Law Enforcement, Administrative Services Bureau, from Susan M. Usher, CPA, Senior Accountant, Collier County Clerk of the Circuit Court, re: submittal of quarterly report of activity within the Confiscated Property Trust Fund. Copy to John Yonkosky, and filed. Copy to BCC of letter dated November 6, 1991, to Mrs. Phyllis M. Jones, CPA, Coopers & Lybrand, from John A. Yonkosky, CPA, Collier County Finance Director, re: Solid Waste Franchise Audit. Filed. Memo dated October 29, 1991, to Potential Applicants--Elderly Nomeow~ner Rehabilitation Program, from Ronald Davis, Chief, Bureau of Housing, Department of Community Affairs, re: Questions asked at the Elderly Homeowner Rehabilitation Program Workshop. Copies to Neil Dotrill, Martha Skinner, Russell Shreeve, and filed. Letter dated November 4, 1991, to Chairman, BCC, from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 112042365, application for dredge and fill permit by Bayview Estates Club, Inc. Copies to Netl Dot;rill, Harry Huber, and filed. Minutes Received and Filed: ao Black Affairs Advisory Board Agenda for November 13, 1991, and Minutes of October 16, ~[991. Golden Gate Parkway Beautification Advisory Committee Minutes of September 10, 1991. Co Golden Gate Community Center Advisory Board 5leering Minutes of October 7, 1991. Big Cypress Basin Board of the So~th Florida Water Management District Agenda for November 15, 1991. Ochopee Fire Control District Advisory Board Minutes of October 7, 1991. Notice to Owner dated October 27, 1991, to BCC from Duralast Enterprises, Inc., under an order given by M. D. Hatwell Co., for lay-out and paint parking lines, deliver and install carstops (bumpers) at the East Naples Community Park. Copies to Steve Carnell, John Yonkosky, and filed. Notice to Owner dated October 27, 1991, to BCC from Duralast Enterprises, Inc., under an order given by M. D. Hatwell Co., for lay-out and paint parking lines, deliuer and install carstops (bumpers) and Signs (h/c) at the North Naples Co~uauntty Park. Copies to Steve Camell, John Yonkosky, and flied. Notice to Owner dated October 30, 1991, to Barry, Bette & Led Duke and BCC from Florida Irrigation Supply, under an order given by Xeriscape Water Systems, Inc., for pipe valves, fit- tings and controllers, for Collier County Library, Bid No. 90-1556. Copies to Steve Camell, John Yonkosky, and filed. Prelimina]?y Notice to Contractor dated November 1, 1991, to BCC from APAC-Florida, Inc., under an o~der given by M. D. Marwell, to prime, sand and pave with 1]{" S-3 Asphalt, at the Immokalee Community Center. Copies to Steve Camell, John Yonkosky, and filed. ~ 0~0~',~ ~ Page 39 November 19, 1991 AP~~T~ OF FUNDING FRO~ THE CONFISCATED TRUST FUND FOR COLLIER COq3Jrr~~'S OFFICE CRIM~ ~ION (IUIDE - IN THE AMOUNT OF A~P~P~t~ATX~ OF F~DING FRO~ TH~ CONFISCATED TRUST FUND FOR THE ~ (FF T~CHI[ICAL EQUIPMENT FOR THE COLLIER COUNTY SHERIFF'S ~J~ - 1'~ ~ ~ OF $26,200 EX"A"~X~ ~ JA~IIARY 1, 1992, TO MARCH 1, 1992, TO ALLOW ADDITIONAL TI~ T~ ADOPT & R~SOLUTION OF INTENT TO USE THE NON-AD VALOREM METHOD OF (i~J~ ~I~E~IAL ASSESSMKNTS TO FUND THE COUNTY'S STORMWATER See Pages /~ ~/ There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 7:10 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL Page 40