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BCC Minutes 08/13/1991 R Naples, Florida, August 13, 1991 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REQULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Patricia Anne Goodnight VICE-GHAIRMAN: Michael 3. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: John Yonkosky, Finance Director; Annette Guevin, Wanda Arrighi and Ellis Hoffman, Deputy Clerks; Neil Dotrill, County Manager; Tom Olltff, Assistant to the County Manager; Ken Cuyler, County Attorney; Marjorie Student, Richard Yovanovtch and Dennis Cronin, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Administrator; William Lorenz, Environmental Services Administrator; Martha Skinner, Social Services Director; Sandra Taylor, Real Property Director; Ron Nlno, Bryan Milk and Ray Bellows, Planners; Sue Filson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page 1 August 13, 1991 Co~alamionmr Haeee moved, emcondad by CoolssiGner Shanahen and carried unmnimouely, that the agenda be approved with the following Item #6C8 - Petition AV-91-004, Lockhart Engineering, Inc., as agent for owner, Glendevon Development, requesting vaca- tion of Lots 29-36 and Outlot #2 located on a portion of the plat of Glendevon at Wyndemere as recorded in Plat Book 16, Pages 18-19 of the Public Records of Collier County, Florida - Continued to 8/27/91. (Requested by Staff.) Item #3A CONSENT AGENDA - APPROVED AND/OR ADOPTED motion for approval of the Consent Agenda is noted under Item dJ16. Item 93B CLERK'S KEPORT - APPROVED The motion~ for approval of the Clerk'e Report are noted under Item #11A. PT~ES~]~TATION OF TH~ 199! NACO ACHIEVeMeNT AW~tRDS Commissioner Shanahan presented the following Collier County employees with the National Association of Counties 1991 Achievement Awards: Jan R. Bennett Agriculture Heyward Boyce Development Services Ronald Cook Utilities - Finance Stephanie Bryan Sheriff's Office (along with John Daly, Naples Police Department) Michael Newman Glenn Price Bill Griffin accepting for Jay Reardon Jim Burch Jim Thomas Raymond Smith Fred Bloetscher Utilities - Water Operations Water Management Emergency Services Natural Resources Parks and Recreation Pollution Control Utilities Engineering EM~Z S~IC~ AMARDS - PI~ES~"RTZD Commissioner Hasse congratulated the following Collier County employees and presented their service awards: Page 2 August 13, 1991 Harold Huber, Capital Projects Donald Olson, Road and Bridge, Dist. 2 10 years 10 years 0RDINAN~E 91-74 AMENDING COLLIER COUNTY ORDINANCE NO. 80-47, THK 00LLI~I~ COUNTX PARKING ORDINANCE, BY REVISING SECTION SIX ENTITLED PUBLIC PARKING SPACES FOR CERTAIN HANDICAPPED PERSONS AND R~VISING SECTION SEVEN ENTITLED PENALTIES - ADOPTED AS AMKNDKD Legal notice having been published in the Naples Daily News on July 25, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider'an ordinance amending Collier County Ordinance No. 80-47, the Collier County Parking Ordinance by revising Sections Six and Seven. Assistant County Attorney Richard Yovanovich presented an amend- ment to the current parking ordinance which will increase the fine for illegally parking in handicapped parking spaces from the current $25 to $250. He said all other parking violations will be increased from $5 to $10. He noted incorporated in the ordinance is a provision that one-third of the fines collected for parking illegally in a han- dicapped space will go toward defraying costs of administration of the handicapped provisions, and the remaining two-thirds will go towards improving accessibility, equal opportunity and public awareness related to the handicapped community. Mr. Yovanovich called attention to a sentence on page 3 of the Ordinance, paragraph (1), which begins, "The fines collected pursuant to this provision..." He asked that it be amended to state, "The fines collected for violating Section Six of this Ordinance..." He further requested that subparagraph (a) be changed to read, "One-third to be used to defray expenses for administration." Commissioner Hasse commented standing signs should be used rather than painting the pavement, which wears out and becomes illegible. He added the amount of the fine should be included on the sign as a further deterrent from illegally using handicapped spaces. County Manager Dotrill mentioned in order to be in compliance with the ordinance, a metal, free-standing sign is required in addition to the regular pavement markings or curb stop. He said the current ordi- Page 3 August 13, 1991 rimrice does not require the cost of the fine be affixed on the face of the st~n, adding it will be a burden on property owners if they are required to replace them. Commissioner Shanahen supported the position of Commissioner Hesse and suggested that any new signs be required to state the amount of the fine. Patrick Stern with the Wheel Chair Commission, displayed an example of a handicapped sign which includes notice of the $250 fine. He agreed that showing the amount of the fine is much more of a deterrent than simply stating a handicapped sticker is required. He said most of the spaces in the City of Naples have these signs now. He also addressed the allocation of funds derived from fines to the awareness program. He said today's technology allows handicapped per- sons to drive their own vehicles from wheelchairs, however, the parking spaces do not allow enough room to accommodate those vehicles. He said a car may be legally parked in the next space while at the same time d/sallowing a handicapped person from entering or exiting his specially equipped vehicle. He said many spaces currently provide 12 feet while 15 feet is needed. He also communicated other cities and counties in the country have established programs that educate volunteers to take pictures of vehicles parked illegally, which are then forwarded to the proper authorities to issue tickets. C~tseioner Saunders moved, seconded by Oouiseloner Shanahen and c~rried unanimou~l¥, to close the public hearing. C~tssioner Saunders moved, seconded by Commissioner Shanahen and c~'Tied un&nimousl¥, to approve the ordinance mmending Ordinance 90-4? with the ch&nges requested by Staff and with the requirement for fnture signs to include notice of the $250 fine, thereby adopting the Ordin~nce u nu~hered and titled below and entered into Ordinance Book No. 45: ORDINANCE 91-74 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 80-47 BY REVISING SECTION SIX ENTITLED PUBLIC PARKING SPACES FOR CERTAIN HANDICAPPED PERSONS; REVISING SECTION SEVEN ENTITLED PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. Page 4 August 13, 1991 It~m~01 !~OLUTIO~ 91-517 PROVIDIN~ DIT~MINATIO~ THAT P~TITIOI~ FUD-84-30(4) AND DOA-01-4, ~ TO THH VIN~YARD~ OF NAPLES PUD AND DRI, DO NOT CONNTITUT~ A SUBSTANTIAL DEVIATION - ADOPTED Legal notice having been published in the Naples Daily News on July 28, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to determine if Petitions PUD-84-30(4) and DOA-91-4, amendment to the Vineyards of Naples PUD and DRI, constitute a substantial deviation. Planner Milk communicated Staff is requesting the Board of County Commissioners to determine if PUD-84-30(4) and DOA-91-4 amendment to the Vineyards of Naples PUD and DRI constitute a substantial d~vtation. He reported the Vineyards of Naples is a 1,925 acre PUD, approved in May, 1985, which allows 460,000 square feet of commercial, 3,071 residential single-family units and 3,907 multi-family units. He noted the petitioner is proposing an amendment to the PUD document and the Master Plan as well as the Development Order. He explained the principle change is the addition of 140,000 square feet of commer- cial area to the commercial land use designation, increasing the maxi- milm square footage from 460,000 to 600,000 square feet and adding a 12C-room hotel/motel. In response to Commissioner Hasse, Planner Milk concurred that the residential area will be reduced. He said with regard to traffic impacts, a traffic analysis was done which compared existing develop- ment with what was originally proposed and what is being currently planned. He mentioned several analyses were done not only to identify the reduction in traffic, but the reduction in essential services for water, sewer and schools. He concluded Staff, the Regional Planning Council and the Department of Gommunity Affairs have reviewed all documents and recommend there is no substantial deviation. In fact, he said, there is a reduction in impacts to the overall development based on the addition of 140,000 square feet and a 120-room hotel with the reduction of 1,300 dwelling units. Planner Milk indicated the petitioner is also asking to eliminate Page 5 August 13, 1991 two existing access points, §th Avenue NW and 4th Avenue SW, from Arbor Boulevard onto Logan Boulevard. He explained the Vineyards com- mitted to redesigning their two mile roadway from Pine Ridge Road north to Vanderbilt Beach Road, however, they now want to make Arbor Boulevard a private roadway. He said Staff is in agreement with the request. Commissioner Volpe communicated his concern with eliminating the roadways which would have provided an additional north/south corridor between Pine Ridge Road and Vanderbilt Beach Road in the ori- Ginal proposal. He related the commitment was made to accommodate residents in the adjacent Estates area so they would have access to Pine Ridge Road and Vanderbilt Beach Road. Planner Milk explained Vineyards Boulevard and Logan Boulevard are approximately one mile apart and in Staff's opinion, there is no need for a third north/south corridor in that area. In addition, he said, Logan Boulevard is proposed to be four-laned in the future. Commissioner Hasse asked if emergency vehicles will have adequate access to the Vineyards7 Planner Milk replied emergency services will ultimately have access to the entire site from Napa Boulevard and Vineyards Boulevard. Oommissioner Volpe recalled that a portion of Arbor Boulevard was vacated in the past year, not the entire length. He said the issue then was whether vacation of the entire roadway would be a substantial deviation. Michael Saadeh, representing the petitioner, explained the portion of Arbor Boulevard that has been vacated to date was the portion that was constructed at the time. He said the balance could not be vacated because it was not constructed and the petitioner had a commitment to construct the two connectors. He agreed with Staff that the ideal solution is to vacate the two connectors, remove the obligation from the PUD Document and construct the remainder of Arbor Boulevard as a private roadway. Barbara Gawle¥ with Wilson, Miller, Barton & Peek, Inc., repre- Page 6 August 13, 199~ senting the petitioner, communicated the issue of substantial deviation deals w~th traffic. She said the analysis included the two deletions of those access points, and the traffic impacts associated with those two deletions were factored into the entire substantial deviation analysis to determine that the traffic impacts were less. Planner Milk continued, stating the petitioner would also like to add 4.76 acres to the total proJect's commercial land use acreage. He said those acres reverted to the Vineyards project by way of Collier Gounty Resolution 90-338 when they were not needed for the 1-75 interchang~ right-of-way. He said the PUD Master Plan is currently 1,925.4 acres in size and the addition of the 4.76 acres would increase the project to 1,930.16 acres. In conclusion, he said, based on the criteria set forth in Florida Statute, it is Staff's recommen- dation that these amendments do not constitute a substantial deviation. Jim Zilltgen, resident of the V~neyards, communicated his support for the proposed amendments. Commissioner Volpe indicated as part of the previous commitment, the developer agreed to improve 4th Avenue SW and 5th Avenue NW. He asked if the developer now feels any obligation to improve those road- ways? Mr. Saadeh noted 5th Avenue NW has been paved by the developer and in his opinion, the developer would have no objection to paving 4th Avenue SW. ~··~_~__~ S~ ~oved, seconded by Co~uaissioner Hmmse and c~_-~ied u~nte~u~l~, to close the public he·ring. Cee~imeA~ner Shmnahan moved, seconded by Commisaloner H·sse and ¢mXTi~ ~ni~u~l¥, to determine that Petitions PUD--84-30(4) ~nd DOA-91-4 ~ not ¢onstitute · substantial deviation, thereby adopting Page 7 :.... Aug~lst 13, 1991 ORDII~B~ 91-75 !~ P~TITION NO. FUD-84-30(4), (CONP~NION TO PKTITION ~-~1--4), ~ ~~ON C~, OF WILSON, MILLER, ~TON ~ ~, I~., ~S~ING ~ VI~S D~LO~ CO~TION, ~~I~ A ~ ~IT D~LO~ ~~ TO ~E VI~S OF ~ ~ ~R ~0~ LOCA~D BE~ AI~RT-~LIN~ RO~ (C.R. 31) ~ ~ ~ ~TATE8, NOR~ OF PI~ RI~E ROAD (C.R. 896) ~ SO~H OF V~ILT B~ RO~ (C.R. 862), CONSISTING OF 1,925.4 A~S - Legal notice having been published in the Naples Daily News on July 25, 1991, as evidenced by Affidavit of Publication filed with the Glerk, public hearing was opened to consider Petition No. PUD-84-30(4), (Gompanton to Petition DOA-91-4), filed by Barbara Henderson Cawle¥, of Wilson, Miller, Barton & Peek, Inc., representing the Vineyards Development Corporation, requesting a Planned Unit Development amendment to the Vineyards of Naples PUD. Planner Milk presente~ Petition PUD-84-30(4), companion to Petition DOA-91-4. He said both petitions have exactly the same language incorporated into the PUD Document. He noted as presented in the insubstantial deviation determination, the Vineyards ls asking for an additional 140,000 square feet of commercial and a hotel/motel use while reducing the number of residential dwelling units from 6,978 by 1,370 for a total of 5,608 units. He mentioned this will result in a reduction of 954 units from the currently approved 3,071 single family units, of which 103 are built at this time. He said multi- family units will be reduced from 3,907 to 3,491 units, adding that 264 units are in existence this date. He stated the PUD Document is being amended to incorporate the R-1 and R-2 land use classifications Into the Residential category, to establish a Village Square Center adjacent to the Vineyards Middle School, to provide minimum rights-of- way for public and private roads and to reflect the necessary regula- tory standards applicable to today's governing ordinance. Also, he said, the PUD Document is being amended to eliminate the CIC Interchange Commercial District and replace it with the Commercial District. Me explained this is now an approved activity center by virtue of the Growth Management Plan, therefore, the developer will Page 8 August 13, 1991 be allowed to have the flexibility to encourage numerous commercial uses to satisfy both the Vineyards and the traveling public. Planner Milk provided the Board with additional language changes dealing with polling places. (Copy on file with the Clerk to the Board.) He requested the language be added as Section 207 in the PUD Document. Planner Milk also requested Section 2.05 B) be changed to read, "Site Development Plan approval may be used to identify the specific development standards from the Collier County Zoning Ordinance in effect at the time building permits are sought for any uses that do not clearly fall within the general standards of this document." He then referred to Section 4.02 B)3), to be amended to state, "All deve- lopment standards shall be in accordance with the Collier County Zoning Regulations in effect at the time which building permits are requested unless otherwise specified herein." Planner Milk continued with proposed language changes to Sections 8.02 D)2), General Development Commitments; 6.02 A)3), Golf Course; 3.03 A)4), Residential; and 5.02 A(3), Commercial/Retail. (Copy on file with the Clerk to the Board.) Mary Morgan, Supervisor of Elections, communicated her concern with regard to the proposed language dealing with polling places. She indicated her understanding that the developer was to ensure, when property was sold to churches, that the churches would agree to be utilized as polling places. She stated that language has not been mentioned in the proposed amendments. Pam Mac'Kie with Cummings and Lockwood, representing the peti- tioner, commented that a PUD is a public record and as such, the com- mitment of common areas to be used as polling places ensures that Ms. Morgan's rights are protected in that regard. She also mentioned the proposed language is derived from the County's model PUD. Ms. Morgan reiterated her concern that churches be required to provide space for polling areas in the future should the need arise from within the Vineyards development, but not limited to that pro- Page 9 August 13, 1991 Commissioner Volpe agreed with Ms. Morgan's concern and asked if additional language may be Inserted to make sure adequate polling areas are available? Ms. Mac'Kle reported the Village Square section of the PUD Is designed for those kind of community center activities. Commissioner Shanahen questioned if the language being considered in the Unified Land Development Code (ULDC) includes further protec- tion for future polling places7 Planner Nino stated the PUD section of the proposed ULDC includes a requirement for polling places. He said the Board can direct Staff to improve the language to address the specific concerns of Ms. Morgan. ~teeloner Shanahen ~ov~d, macondad by Co~atmstonar Hasme ~d c~tg ~l~ly, to close the ~bltc hearing. ~tsslo~r S~u ~v~d, seconded ~ Coalsstoner Has~, to a~r~ Ntition ~-84-30(4) with the ch~es as reco~nded by Staff ~ with t~ c~tt~nt of the develo~r to t~rove 4th Avenue SW to C~ mt~~ in conJ~ction with the Improvement of Ar~r County Manager Dorril~ requested the Board provide Ms. Morgan with ~ opportunity to review the Development Order before it is finalized, with respect to polling places. Co~isslonem Shanahan commented the intent is to have a satisfac- tory arrangement between the Vineyards and Ms. Morgan. Ms. Mac'Kte stated that can be accomplished by amending the PUD to add the lan~age as proposed by Staff. ~ =mll fo~ the ~mt~on, the ~t~on t~ ~t~ the Or4~ce ~ n~red O~I~CK 91-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 85-15, WHICH ESTABLISHED THE VINEYARDS OF NAPLES PUD, AS AMENDED, BY AMENDING THE TITLE PAGE; BY AMENDING THE INDEX TO DELETE CERTAIN SECTIONS: BY Page 10 August 13, 1991 AMENDING THE LIST OF EXHIBITS TO IDENTIFY THE TWO MASTER DEVELOPMENT PLANS; BY AMENDING THE STATEMENT OF COMPLIANCE TO REFLECT THE INCREASE IN TOTAL ACREAGE FROM 1,925.4 TO 1,930.16 ACRES, TO DELETE THE RATING POINTS REQUIREMENT AND TO ADD THE PROJECT'S DESIGNATION AS BEING LOCATED IN PART OF AN INTERSTATE ACTIVITY CENTER; BY AMENDING SECTION I, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION, TO CORRECT ERRORS IN THE PREVIOUS LEGAL DESCRIPTION, TO REFLECT AN INCREASE IN THE TOTAL ACREAGE, TO INCLUDE THE LEGAL DESCRIPTION OF THE ADDITIONAL 4.76 ACRE PARCEL AND TO REFLECT THE CORRECT OWNERSHIP OF THE PROPERTY; BY AMENDING SECTION II, PROJECT DEVELOPMENT, TO REPLACE OBSOLEYE LANGUAGE WITH CURRENT ZONING CODE REFERENCES, TO REQUIRE SITE DEVELOPMENT PLAN APPROVAL FOR CERTAIN USES, TO CLARIFY THE OPEN SPACE REQUIREMENT, TO DELETE CONCEPTUAL/SITE PLAN APPROVAL, TO DELETE THE ALLOWANCE OF AUTOMATIC SITE DEVELOPMENT PLAN APPROVAL, TO DECREASE THE OVERALL NUMBER OF RESIDENTIAL DWELLING UNITS ON THE LAND USE SCHEDULE, TO COMBINE THE R-1 AND R-2 DESIGNATIONS INTO A NEW R DESIGNATION, TO COMBINE THE CR AND CIC DESIGNATIONS INTO A NEW CR DESIGNATION, TO INCREASE COMMERCIAL SQUARE FOOTAGE BY 140,000 SQUARE FEET, TO ADD A 120-ROOM HOTEL/MOTEL USE, TO UPDATE THE APPROXIMATE ACREAGES OF E, VS, P, MAJOR RIGHTS-OF-WAY AND PUBLIC SERVICE USES, TO INCREASE THE TOTAL ACREAGE TO REFLECT THE ADDITION OF 4.76 ACRES, TO DECREASE THE TOTAL NUMBER OF RESIDENTIAL UNITS AND TO DECREASE THE TOTAL NUMBER OF DWELLING UNITS PER GROSS ACRE, TO ELIMINATE SUBSECTION 2.08 AND TO TRANSFER THAT INFORMATION TO SUBSECTION 3.02, TO CORRECT SCRIVENER'S ERRORS IN THE DEVELOPMENT REGULATIONS APPLICABLE TO CHURCHES, TO ELIMINATE SUBSECTION 2.10 AND TO TRANSFER THOSE USES TO SECTIONS III, IV, V, VI AND VII OF THE PUD DOCUMENT AS APPROPRIATE, TO CORRECT SCRIVENER'S ERRORS WITHIN THE SIGNAGE SUBSECTION, TO ADD A SUBSECTION FOR COMMERCIAL SIGNAGE EAST OF 1-75, TO ADD A REQUIREMENT FOR POLLING PLACES, AND TO ELIMINATE SUBSECTION 2.11.04, COMPARABLE TABLE; BY AMENDING SECTION III, SINGLE-FAMILY RESIDENTIAL, TO CHANGE THE NAME OF THAT SECTION TO RESIDENTIAL, TO ADD LANGUAGE DEFINING THE R DESIGNATION ON THE MASTER LAND USE PLAN, TO ADD LANGUAGE CLARIFYING THE TYPES OF USES PERMITTED IN THE DISTRICT, TO MODIFY DEVELOPMENT REGULATIONS FOR PERMITTED USES WITHIN THE R DISTRICT AND TO MODIFY THE REQUIREMENTS FOR OFF-STREET PARKING; BY DELETING SECTION IV, MULTI-FAMILY RESIDENTIAL IN ITS ENTIRETY AND MERGING THAT SECTION WITH SECTION III, RESIDENTIAL, AND TO RENUMBER THE SUBSEQUENT SECTIONS AND SUBSECTIONS OF THE ORDINANCE ACCORDINGLY; BY AMENDING FORMER SECTION V (NOW SECTION IV), VILLAGE SQUARE TO ADD DAY CARE CENTERS AS A PERMITTED USE, TO REQUIRE THAT DEVELOPMENT STANDARDS NOT OTHERWISE PROVIDED MUST COMPLY WITH COLLIER COUNTY ZONING REGULATIONS, TO PROVIDE FOR SETBACKS FROM EXTERNAL RIGHTS-OF-WAY, TO INCREASE THE MAXIMUM HEIGHT OF STRUCTURES FROM 45 TO 60 FEET; BY AMENDING FORMER SECTION VI (NOW SECTION V), COMMERCIAL, TO ELIMINATE THE DISTINCTION BETWEEN COMMERCIAL RETAIL AND INTERCHANGE COMMERCIAL, TO ADD CERTAIN PERMITTED PRINCIPAL USES, TO ADD SPECIFIC DEVELOPMENT REGULATIONS FOR COMMERCIAL USES, TO INCREASE THE MAXIMUM COMMERCIAL SQUARE FOOTAGE FROM 460,000 TO 600,000 SQUARE FEET, TO ADD A 120 ROOM HOTEL/MOTEL USE, TO DELETE THE INTERCHANGE COMMERCIAL AND PROPERTY REGULATIONS SUBSECTIONS AND TO MERGE CERTAIN STANDARDS PERTAINING TO THOSE SUBSECTIONS WITH SUBSECTION 5.03; BY AMENDING SECTION VII (NOW SECTION VI), GOLF COURSE, TO ADD COMMERCIAL EXCAVATION AS A PERMITTED USE AND RESTROOM FACILITIES AS AN ACCESSORY USE; BY AMENDING SECTION VIII (NOW SECTION VII), RECREATION AND OPEN SPACE/PARK, TO ELIMINATE CERTAIN DEVELOPMENT REGULATIONS; BY AMENDING SECTION IX (NOW SECTION VIII), GENERAL DEVELOPMENT COMMITMENTS, TO MODIFY REQUIREMENTS FOR CERTAIN ROAD IMPROVEMENTS, TO MODIFY REGULATIONS REGARDING EXCAVATION, TO ADD A REQUIREMENT OF AN ACCESS EASEMENT TO A WATER MANAGEMENT CONTROL STRUCTURE, AND TO ADD CLARIFICATION LANGUAGE RELATING TO EXCEPTIONS FROM THE SUBDIVISION REGULATIONS AND PROJECT ACCESS POINTS; AND BY PROVIDING FOR AN EFFECTIVE DATE. Page 1 1 August 13, 1991 ~O~UTI~ 91-511 AND DENTJ~OP~HNT ORDER 91-6 ~ ~TITION ~A-91-4, (~~ ~ ~ITION ~84-30(4), ~ ~E~ON CA~, OF ~, ~, ~N ~ ~, INC., ~P~S~ING ~ VI~S D~ CO~TION, ~Q~STIN~ ~5-2, D~~ OF ~GION~ I~A~, ~ AS ~ VI~S OF N~, ~R ~O~ LOCATED B~EN AIR~RT-P~LING RO~ (C.R. 31} ~ ~&D~ ~ ESTATES, NOR~ OF PI~ RI~E ROAD (C.R. 896) ~ SO~ 0F V~ILT B~CH ROAD (C.R. 862) - A~ED AS Legal notice having been published in the Naples Daily News on July 28, 1991, as evidenced by Affidavit of ~blication filed with the Clerk, public hearing was opened to consider Petition DOA-91-4, (Companion to Petition PUD-84-30(4), filed by Barbara Henderson Cawley of Wilson, Miller, Barton ~ Peek, Inc., representing the Vineyards Development Corporation, retesting an amendment to Development Order 85-2, Development of Regional Impact, known as the Vineyards of Naples. Discussion of Petition DOA-91-4 was heard ~n conjunction with Petition PUD-84-30 (4) . c~=t~ ~t~, to close the ~bltc he~lnG. c~ri~ ~~ly, to a~rove Petition ~A-91-4, ~bJect to the c~ ~ w~th =~mrd to Petition PUD-84-SO(4), there~ mdopt~n~ ~eolut~on 9~-518 ~d ~velopment Order 91-6. Page 12 August 13, 1991 CORAL ~ FLAN APPROV~D FOR THE 9.58 ACRE COLLIER COUNTY ~ CAMIN~ EXFAI~ION AND 8T~ A~0RZZED TO PR~EED ~ZTH ~, ~~I~ ~ CO~U~ION OF ~SE I ~R P~ZNG LOT Tom Conrecode, Office of Capital Projects Management Director, presented options for the Board to consider regarding a conceptual master plan for the 9.58 acre campus expansion. He recalled the Board reviewed a proposal in May, 1991, which included initial parking lot construction in anticipation of additional administration buildings and water management, and which suggested the sale of two out-parcels along U.S. 41 as a potential source of construction funding in the future. He said at that tlme, the Friends of the Museum presented the Board with another alternative which included expansion of the Museum property. He indicated as a result, Staff was directed to work with the Friends of the Museum in an attempt to develop a workable option for both parties. He reported a Joint proposal was subsequently deve- loped which accommodates the proposed expansion of the Museum site, allows for centrally located parking expansion, provides entrance along U.S. 41 and future administrative building sites. He said the County will dedicate 2.005 acres of property to the Museum expansion under this plan, which also requires an additional 0.9 acre along U.S. 41 to be set aside for stormwater retention. He advised Staff is recommending a fast-tracked program for design, permitting and construction of the parking Improvements. He noted the fiscal impact is approximately $565,000, and will cover the basics for parking, lighting and landscaping. He added the site plan which accompanies this proposal includes dedication of property with approximate value of $802,000 to the Museum expansion. He said another cost of $360,000 is associated with the relocation of water management. He concluded Staff is requesting direction from the Board regarding the conceptual plan and development of the campus expansion property, as well as directing Staff to proceed with the design, permitting and construc- tion associated with the Phase I improvements. Page 13 August ~3, 1991 In response to Commissioner Volpe, Mr. Conrecode stated Phase I includes on-grade parking rather than a parking garage. Gommissioner Volpe noted his reservations because it is not cost effective to build an on-grade parking lot with landscaping, etc., which will then be torn up in a few years in order to start building vertically. He recalled discussing the possibility of construction of the first phase as the bottom level with fill material rather than actually pavinG the area. Mr. Conrecode commented a number of alternatives have been investigated including the completion of the parking facility design and placing the foundation at the time of placing the on-grade impro- vements. In every case, he said, the cost has been prohibitive to doing anything other than a simple, low grade quality asphalt. In answer to Commissioner Volpe, Mr. Conrecode indicated Staff anticipates the next level of parking will be requested in the next four to six years. He said all stormwater drainage, road alignments and paving improvements are part of the long range plan. He said the portion of this expenditure that will not be usable for the next phase is part of the parkinG area that will be cut through to put in a foun- dation, which encompasses approximately 20% of this proposal. Commissioner Volpe commented on whether it may be more appropriate to consider an off-site location for the Museum rather than dedication of close to $1-millton of property. Commissioner Saunders inquired how far into the future will the Gounty be served with the land available if the Museum project is approved? County Manager Dorrill stated at the rate of current pro3ected growth and anticipating construction of an additional tower building in the next lO years, there is further space adjacent to the Jail expansion for some type of facility. He estimated with approval of this plan, the remaining land is adequate for 20 years. Commissioner Hasse asserted the Museum needs additional space immediately. He said enhancinG the Museum is one of the finest things Page 14 August 13, 1991 the Board can do for the community which will also improve the atmosphere of the County Government complex. Commissioner Shanahan stated Le is in favor of expanding the Museum, however, agreed with the practical approach of Commissioner Volpe in terms of planninG for the future. Chris Lombardo with the Friends of the Museum, stated if the opportunity ever arises to move the Museum to an even better location, the Friends of the Museum will consider an alternative, however, at the current time they are unaware of any such opportunities. He asked the Board to look at the immediate future of the Museum. He provided the Board with a summary of the proposed site development plan and listed various minor and major elements of the expansion, which will include an amphitheater to accommodate close to 2,000 people, IncludinG seating for 500. He indicated he is sensitive to the con- cern with regard to location, however, the Museum provides a vital benefit to Collier County. He suggested there will be no better place to tell the history of Collier County than at the County seat. Don Cahtll, architect, commented on the plan being presented by the Friends of the Museum. He said the green areas the Museum now provides on the Government campus will be even more important when more buildings are constructed. He said in the lonG term, the Museum will have branch campuses of its own in strategic areas of the County, however, it is appropriate that these elements be situated in the Government Complex. Commissioner Volpe remarked the area identified as the proposed .65 acre lake is at the proposed intersection of U.S. 41, which is a commercial piece of property. He mentioned previous discussion of the Board with regard to the economic value of that parcel of land which could be used to defray some of the costs associated with these impro- vements. He pointed out that any opportunity to utilize that valuable piece of property will be lost by agreeing to the Museum's water retention plan. In response to Commissioner Hasse, Mr. Conrecode stated the propo- Page 15 August 13, 1991 sal is to have the current signalized exit of Walmart become a signa- lized intersection. With regard to the value of property being yielded to the M;useum for expansion, Mr. Cahtll calculated the cost at $260,000 rather than $1-mtllton. Tina 0sceola presented a letter from the Chairman of the Seminole Tribe of Florida in support of the Collier County Museum. (Copy on file with the Clerk to the Board.) She stated the commitment of her family and the Seminole Tribe to the expansion of the Collier County Museum. Lodge McKee, Director of the Friends of the Museum and the Collier County Historical Society, supported a commitment on the part of the County to the Museum site. He stated having the Museum within the County Complex is a very appropriate mix of land uses and will provide transitional areas between the most intense portion of the complex and the abutting residential area. Tom Olliff, Assistant to the County Manager, noted an issue for the Board's consideration is the possibility of the County Complex becoming a Development of Regional Impact (DRI). He said one of the advantages of this proposal is the green space factor when going through the DRI process. Secondly, he said, the costs associated with this project are lost opportunity type costs rs. out-of-pocket expen- ses. He said the decision to approve this proposal will not affect the budget, rather it will affect the opportunity costs that are lost that may force the County to look at other expansion possibilities, i.e., building on to existing one-story buildings. Commissioner Saunders indicated Commissioner Volpe's concerns regarding the best use of property are well taken, however, it is evi- dent that the land available will be sufficient for the next 20 years, even with the Museum expansion. Co~dssioner $a~uSmrs ~ov~d, seconded by Co.-.tssionsr Hases, to mpp~-~ve the conceptuml plan mnd direct Staff to proceed with design, per~itttng mnd construction of Phase I. I OOOP,~[ 9~ Page August 15, 1991 Commissioner Volpe indicated he has been pursuaded by the discussion that has taken place. He questioned if the available $56§,000 will be sufficient for all costs of the water management system, road improvements and the on-grade parking facility? County Manager Dotrill responded those monies will cover the costs for the realigned entrance road, 500 additional surface level parkin9 spaces and the associated landscapin9 and retention required for those spaces. lipon call for the question, the ~otton carried 5/0. ess ~ed: 11:30 A.M. - Reconv~ned: 11:40 A.M. at which time Deputy Clerk Arrtghi replaced Deputy Clerk ~uevtn Item ~liC Real Property Director Taylor advised that the Golden Gate Estates Citizens Advisory Committee has been meeting monthly since July, 1990 to consider the YMCA project and provide for a recreational facility in Golden Gate Estates. She added that the YMCA Development Committee has been meeting since January, 1991, on a monthly basis to discuss the specific site selection of which several sites were reviewed. She noted that on April 9, 1991 staff was authorized by the Board of County Commissioners to research available sites and proceed with an amendment process for the Golden Gate area Master Plan. She informed that a letter of no objection from Avatar Properties, Inc. dated March 1, 1991, was submitted for the record. She commented that several newspaper accounts have been written regarding the different site locations for the YMCA. She reported that members of the YMCA pre- sented information on the proposed YMCA in April, 1991, to the Golden Gate Civic Association; in May, 1991, to the Golden Gate Chamber of Commerce; and in June, 1991, to the Golden Gate Rotary Club; however, the exact site location was not disclosed due to the difficulties foreseen in negotiating with several property owners to accumulate a 20 acre site given the GAC Land Trust limited funds. She related that on July 2S, 1991, the Board of County Commissioners approved the 99 Page 17 August 13, 1991 agreement of sale and purchase for the Combs parcel. Commissioner Hasse expressed his concern regarding the purchase of the Combs property for the YMCA slte. He explained that a map depicting the property locations considered for the YMCA site should have been made available ~o the Commission before actual selection was made. Commissioner Volpe concurred with Commissioner Hasse and added that he thought that the agreement for purchase of the Combs property was contingent on a provisional use request to be brought back before the Board for the actual YMCA site. In response to Commissioner Saunders, Assistant County Attorney Cronin advised that the agreement as approved with the added language regarding the environmental evaluation on July 23, 1991 by the Board of County Commissioners has been executed. He noted that the environ- mental evaluation is currently being processed. He related that the agreement states that closing will be within 60 days of execution and there is a liquidated damages provision in the contract which states that 5% of the purchase price will be paid by the County. Commissioner Shanahah commented that there is question whether the Combs property fronts on C.R. 951 providing for access from C.R. 951. Mr. Cronin indicated on a display map where the property is located which shows that it does front C.R. 951; however, the map reveals that a substantial portion of the land fronts other streets in the area. Commissioner Hasse asserted that this location was not related clearly to the Board or the people of area at the July 23, 1991, hearing. Ms. Taylor clarified that the subject site is four, five acre tracts with 10 acres abutting C.R. 951, 5 acres abutting First Avenue, North, and § acres abutting First Avenue, South. She described the parcel as in a "T" shape. County Manager Dotrill added that the map depicting the subject parcel was included in the July 23, 1991, agenda packet. Commissioner Volpe reiterated the comments made that the exact Page 18 August 13, 1991 site location for the YMCA was not revealed due to difficulties in negotiating a purchase price for 20 acres which makes it apparent that the people directly effected were not made aware of the decision to Identify this site for the YMCA facility. Commissioner Hasse expressed his desire to have this issue reheard and continued that he questions whether the County can commit to use the GAC funds for this purchase. County Attorney Cuyler responded that as stated at a previous hearinG on this subject the YMCA will need to work with the County to meet the requirements for the use of funds from the GAC Trust. Commissioner GoodniGht conveyed that a 1990 survey conducted in the Golden Gate Estates area indicated that the money from the GAC Trust Fund should be used for recreational facilities which was related to the Golden Gate Advisory Land Trust Committee. After discussions with the schools and Parks and Recreation Department, she remarked, the decision was made to approach the YMCA to operate a recreational facility in the Golden Gate Estates area. She emphasized that the proposal has always been that the property would be owned by the County with the buildings built to County specifications and leased to the YMCA. She pointed out that this project has been care- fully planned, and a reheating of this issue should be addressed at the time of the Golden Gate Master Plan Amendment hearing. After much discussion regarding the appropriate time to reheat this Issue, it was the consensus of the Board to hear the views of the citizens present regardinG this issue. $$* ltlcllled: 12:20 P.N. - Rmconvsnsd: 12:25 P.N. Mr. Louis Erickson stated that as an attorney he has been asked by the citizens of Golden Gate to research the legal issues in regards to the Avatar funds. He admitted that language contained in the Agreement relating to the Avatar funds which identifies the use of these funds is vague. However, he pointed out that a letter from the Executive Vice President, General Council of Avatar Properties, dated Page 19 August 13, 1991 January 28, 1991 to the County's Real Property Director states the YMCA organization is a non-profit organization, therefore, does not meet the intent and/or strict interpretation of the requirements of the Agreement. He acknowledged that Avatar followed with another letter of no objection per the request of the County. Mr. Jim Colletta stated that as Chairman of the Golden Gate Master Plan Steering Committee it has been emphasized that the major concern of the citizens of Golden Gate was provisional use which they understand their Master Plan is to control. He added that the GAC Trust money was intended for the citizens with no charge associated with the purpose for which it is used such as a park that is open to the general public and has no restriction as to the income of a family. In response to Commissioner Hasse regarding what the land could be used for that is located directly adjacent to the property proposed for the YMCA facility, Mr. Colletta alleged that residential use is not suitable. Commissioner Volpe questioned if the Golden Gate Master Plan amendment as proposed regarding this issue is to seek provisional use for the subject parcel7 Ms. Cacchlone explained that the amendment is to include certain language in the Master Plan to allow a community recreational facility which could be either public or non-profit to be located within Golden Gate based on specific criteria, and if the facility met the criteria then the process of a conditional use or rezoning to PUD would need to be completed. She Identified that the specific criteria to be met include that the property would have to be a minimum of 10 acres and a maximum of 35 acres, located on a arterial or collector roadway, be compatible with the surrounding area, and have the appropriate landscaping consistent with the area. Mr. Mark Strain, Vice Chairman of the Golden Gate Estates Citizen Advisory Board, commented that there are three choices that can be made regarding the proposed property which include selling the pro- perty, trying to obtain the provisional use required for the YMCA 000 102 Page 20 August 13, 1991 facility, or relinquishing the property to its current owner and pay the penalty cost. He acknowledged that the YMCA facility is something that has been discussed and planned for Golden Gate for some time; however, this particular location was not communicated to the public as the designated site for the YMCA. He continued with a prepared statement which indicated that the GAC Trust money is to be used for governmental facilities only within the geographical boundary of Golden Gate Estates, and pointed out that the YMOA is not a governmen- tal facility. He also noted that the proposed location of the YMCA is in opposition to the Golden Gate Master Plan, and if the funds can be Justified for this use, then the facility should be located in a designated activity center where it will be allowed. Ms. Lee Mast, speaking as a resident of Golden Gate Estates and for her neighbors, stated that she does not feel that the residents surrounding the proposed site location should be submitted to having a facility of this type located next to them, and added that this faci- lity should be limited to those permitted areas. Commissioner Goodnight requested that the citizens from Golden Gate Estmtes present that are in opposition to the proposed location for the YMCA facility raise their hands to which they complied. Mr. Ray Miller, President of the Operating Board of the YMCA, informed that the site selection for the YMCA has been in progress for some time, and added that one difficulty the Committee has had is finding properties that are contiguous. He cited that the proposed site has the required 20 acres, was offered for sale below the appraised value, has an existing traffic signal at C.R. 951 and Golden Gate Boulevard, and the bike paths are already in place along this property. He emphasized that the YMCA will be an operating entity only, not the land owner. He noted that the YMCA ts embarking on a new fundraising campaign, and it presently does not know whether to include this site in it. He affirmed that the "Y" is receptive to working with the County in negotiating an acceptable agreement with the GAC Trust. Page 21 August 13, 19gl In response to Commissioner Volpe, County Attorney Cuyler stated that if the YMCA enters into an agreement with the County and the "Y" basically provides a facility similar to a governmental recreation function, there should be no legal problems; however, he pointed out that at this time this agreement has not been established. He added that the County can also go to Court and obtain a declaratory Judgment if that is needed. Commissioner Goodnight interjected that she has just been informed that Mr. Combs is willing to allow the County to forfeit the contract with no penalty imposed. Commissioner Saunders suggested that staff be advised to proceed with the process of acquiring the sub]ect site for the location of the YMCA, and bring it back before the Board for a public hearing addressing the issues raised. County Attorney Guylet concurred, and added that if no action is taken today the County will have two weeks to talk to Mr. Combs regarding the contract. Ms. Taylor affirmed that she will negotiate with Mr. Combs during the next two weeks. O~mm~mion~r ~se moved, seconded by Contssioner Volpe mnd c~x~t~ 4/1 (Commissioner Saunders o~sed), ~o reconsider ~he pro- ~ site l~atim for the ~A in ~ ~ks ~d ~ing this ~iate t~ sale contract for this site with Mr. Com~. O~~ 91-?6, ~IDING ~R INC~SED ~ ~ FILING ~ES TO ~ ~ ~IATION ~ ~I~TION SERVICES ~ ~I~ ~ O~IN~CE NOS. 87-91 ~ 90-34 - ~D Legal notice having been published in the Naples Daily News on July 25, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Ordinance 91-76 providing for increased and new filing fees to support County Mediation and Arbitration Services and repealing Collier County Ordinance Nos. 87-91 and 90-34. Assistant County Attorney Manalich informed that the proposed Page 22 August ~3, ~991 ordinance would set forth new and increased filing fees to support the County mediation program which is used extensively by the County. Mr. Manaltch commented that the Executive Summary provides a brief history of this issue. He noted that the previous two County ordinan- ces set forth a $2.00 charge for County Court Civil filing and a $2.00 charge for Circuit Court Civil filing to support family mediation as well as Court order mediation and arbitration services. He informed that the new law by State Statutes enables the local governing body to enact a $45.00 filing fee on petitions to modify Final 3udgment of Dissolution with the fee charge being used to support the family mediation program. He added that additionally the $2.00 charge for County Court and Circuit Court can be increased to $§.00 per the State Statutes. He concluded that the proposed ordinance incorporates the changes of including a $45.00 filing fee for petitions to modify Final Judgment of Dissolution and the increase to $5.00 for filing fees. Mr. Manalich pointed out that there are two changes in the pro- posed ordinance from what was advertised which are that the term accounts be used in place of funds or trust funds for the charges collected; and that if the new legislation is enacted, $1.00 of the $5.00 fee will be applied toward the Office of the State Courts Administrator. He advised that this funding source for the mediation and arbitration services can be retroactive to October, 1990,,because this is when the new law was made available. In response to Commissioner Volpe, Mediator Gardino stated that no direct proposals were submitted for discussion during the budget workshops in regards to this funding resource. Mr. Manalich declared that according to the Finance Director fees have in the past been put into a general revenue account. Finance Director Yonkosky interjected that presently the revenue resource for this funding is budgeted at $10,000 and with the new ordinance it will increase to $25,000. Page 23 August 13, 1991 Attorney Van Arsdale, of Asbell, Hains, Doyle, and Pickworth who is also a member of and speaking for the Family Law section of the Collier County Bar Association, stated that they are very much in favor of the proposed ordinance. She advised that the proposed ordi- nance will enable the program to continue to the benefit of the people of the community. She explained that before a case goes to Court it is referred to a mediator who many times resolves the issue without having to bring it before a Judge and also saves the individuals involved a considerable amount of money. In response to a concern expressed by Commissioner Hasse, Mr. Yonkosky stated that the proposed ordinance will not increase any expenditures for the County, but rather it provides new revenues to offset the existing expenses for this program. Attorney Thompson of the firm Boardman, Thompson and Smith expressed his support for the proposed ordinance. ~i~i~r Shanahah moved, seconded by Commissioner Volpe and cmrrl~ 4/0 (Cmtssto~r Sanders not present), to close the ~bltc ~l~l~I S~ ~, ~cond~ ~ Co~lssio~r Vol~ ~d ~lg i/O (~isst~r S~rs not preeent), that the ~dtmce ~ ~ titlg ~1~ ~ mdopt~ ~ ~nd~ ~d entered into ~~ ~k No. 45: O~IN~Cl 91-76 AN ORDINANCE DECLARING CIRCUIT AND COUNTY COURT-0RDER~D ~EDIATION AS ~ELL AS ARBITRATION SERVICES TO B~ A PUBLIC NE~D; PROVIDING FOR THE ~ANNER OF RAISING FUNDS; P~OV/DING FOR THE ESTABLISHHENT OF A SPECIAL COLLIER COUNTY F~ILY ~EDlATION ACCOUNT TO B~ ADMINISTERED BY THE CLERK OF THE COUNTY/CIRCUIT COURT; PROVIDING FOR THE ESTABLISHmeNT 0F A SPECIAL COLLIER COUNTY COURT-ORDERED HEDIATION/ARBITRATI0N ACCOUNT TO BE ADNINIST~RED BY THE CLERK OF THE COUNTY/CIRCUIT COURT; PROVIDING FOR ONE DOLLAR ($1.00) OF ~ACH SERVICE CHARGE COLLECTED UNDER THIS ORDINANCE TO B~ FORWARDED TO THE STATE COURTS ADHINISTRATOR PURSUANT TO SECTION 44.108 (4), FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR R~PEAL OF COLLIER COUNTY ORDINANCE NOS. 87-91 AND 90-34; AND PROVIDING AN EFFECTIV~ DAT~. lt~ PaID ~ ~ Office of Capital Projects Management Director Conrecode informed that this item is a recommendation relative to access improvements on ml 000 , 108 Page August 13, 1991 the $abal Palm Road extension MSTU. He noted that on January 26, 1988, the Board of County Commissioners entered into an Agreement for Professional Services with Wilson, Miller, Barton & Peek, Inc. to per- form a feasibility study for roadway and drainage improvements within the Sabal Palm Road Extension, MSTU. He continued that on August 21, 1990, the Board of County Commissioners directed that the feasibility study be suspended and that an investigation be conducted to establish a reasonable access program for current residents. He commented that the Executive Summary provides the number of residences within the MSTU boundary. He pointed out on the display map the area being con- sidered for access improvements which is the first 3-1/4 miles. He advised that staff developed three options for improvements in this MSTU. He related that the first option is to do nothing with the exception of routine base course maintenance; however, this will not provide any necessary drainage across the roadway. He reported that option two involves improving the road consistent with the plans pre- pared by Wilson, Miller, Barton & Peek, Inc. which is estimated to cost approximately $1,8000000 per mile. He disclosed that in working with the South Florida Water Management District the third option was developed which considers building several "fords" to provide for the historical runoff and will not require any additional right-of-way. He specified that this third option will also provide for additional stabilized subgrade and an eighteen foot wide paved surface. He added that mitigation is not anticipated with the third option as it is required by the second option. He pointed out that although it will be required to obtain a permit from the South Florida Water Management District (SFWMD), staff has received positive indications that the conceptual plan will be approved. He advised that it is not certain at this time whether the Florida Department of Environmental Regulations or the Army Corps of Engineers would claim 3urisdlction; but if they do claim Jurisdiction, he added, their requirements would be similar to SFWMD. He informed that staff recommends implementing option three. He related that all costs associated with the design Page 25 August 13, 1991 and construction of the proposed improvements shall be paid by special assessment against the benefited property owners. He noted that these improvements are consistent with the comprehensive plan. He recom- mended that if option three is approved, staff proceed with the first mile only within the MSTU. In response to Commissioner Hasss, Assistant to the County Manager Olliff explained that after analyzing the number of housing units within the first three miles it was found that the majority of them exist within the first mile, therefore, staff recommended to proceed with one mile instead of the 3-1/4 miles as noted in the Executive Summary. Commissioner Shanahan conveyed that he feels that a 3-1/4 mile improvement should be considered to which Commissioner Goodnight con- curred. Responding to Commissioner Volpe's question, Mr. Conrecode informed that the total cost of the 3-1/4 miles will be approximately $872,586.00. The following people spoke in favor of completing 3-1/4 miles of improvements on Sabal Palm Road: $oe Townsend Andy Campbell Don Myers ~enneth J. Sleeth Elton E. Townsend Rick Jaeger Jim McTague ThE following reasons were cited for proceeding with 3-1/4 miles of improvements on Sabal Palm Road: The landowners of the subject area compromised with staff agreed to the 3-1/4 miles of improvements and do not feel it is right to have the number of miles changed at the last minute; it is not possible to obtain a loan from a bank to build a house on property along an unimproved road; the road is used by and is beneficial to County agencies; the landowners within the Sabal Palm Road Extension MSTU should be allowed to improve the road since they are paying for It; the road is in desperate need of repair and the Page 26 August 13, 1991 people of this area are willing to pay to have it repaired in order to have sufficient access to their property; It Is an Injustice to the other landowners in this area to l'epatr the road for only one mile; better access is needed In the case of fires; it Is not cost efficient to build one mile and then later do the rest; with a more acceptable drainage system, less environmental problems may occur; and the pro- petty owners cannot develop the land agriculturally without an accep- table road. In response to Commissioner $hanahan0 Mr. Conrecode reiterated that the reason staff suggested only paving the one mile is because after an analysis of the area it was found that within the first mile, six property owners benefit from the improvement, however, for the next two miles there are no residential units and the next 1/4 mile provides for three additional residences. He explained that staff concluded it was not cost effective to pave beyond the one mile. He added that this analysis and recommendation was made based on direc- tion staff received from the Board of County Commissioners in August, 1990. County Manager Dotrill responded to Commissioner Volpe's question by advising that $abal Palm Road is not in the County's long range plan because it is outside the current urban development line. Mr. Joe Townsend volunteered that the property owners along Sabal Palm Road are willing to pay for the County's staff time and main- tensrice for the road. Commissioner Volpe asserted that it appears that the MSTU should be re-analyzed to ensure that the people who are contributing to the MSTU are actually benefiting from it. He added that with the obvious difficulties presented in obtaining permits to build the road, it does not seem feasible 'to proceed with the project. C~mi~loner Huoe ~oved, seconded by Cow~iaaioner Shanahah and carried 3/1 (Commissioner Volpe opposed and Couulsetoner Saunders not present), to approve option number three as specified in the executive gummmFy p~ovldtng for 3-1/4 miles of road Improvement with staff tim mnd mmlntenmnce for the road to be pmtd for by the M~TU. 000.~1~9 ~age 27 August 13, 1991 $** II~memmed: 2:10 P.M. - Reconvwned: 3:50 P.M. at which ttme D~mty Clerk Hof~ replac~ ~ Clerk ~rtghl *** 0~~ 91-77 ~IN~ ~ B~ ~AIR8 ~VISORY ~ - ~~ Legal notice having been published in the Naples Dally News on July 25 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Gollier County Ordinance 91-38 establishing the Black Affairs Advisory Board. County Manager Dotrill stated this amendment is a result of the Commission being asked to add members to the Black Affairs and Hispanic Affairs Advisory Boards. Administrative Assistant to the Board Ftlson recalled that the Commission already named two additional members to the Black Affairs Advisory Board. There were no speakers. Ce~e~tmio~er ~ae ~vwd, seconded !~/ Co~aleeloner S~~ ~d ~t~ 4/0 ( C~~on~r 8~der~ ~), ~o clo~e ~he ~bl~c hearing. c~i~ 4/0 (Cmt~z~oner Sa~der~ ~t), that the Ordtmce as ~~ ~ tttl~ ~lw ~ adopt~ ~d enter~ into Ordtmce ~ok No. 45: O~IN~CE 91-71 AN ORDINANCE ANENDING COLLIER COUNTY ORDINANCE NO. 91-38 ESTABLISHING THE BLACK AFFAIRS ADVISORY BOARD BY A~ENDING SECTION ~0 TO INCREASE THE NUMBER OF ~ENBERS FRO~ SEVEN TO NINE ~E~BERS; REVISING SECTION THREE TO INCLUDE THE TER~S OF OFFICE FOR NINE NENBERS; REVISING SECTION FIVE WHICH ESTABLISHES THE NUMBER OF NERBERS FOR A qUORUm; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING AN EFFECTIVE DAT~. Legal notice having been published in the Naples Daily News on July 25, 1991, as evidenced by Affidavlt of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Gollier County Ordinance No. 91-37 establishing the Hispanic Affairs Page 28 August 13, 1991 Advisory Board. There were no speakers. Ce~lall~lo~tr Volp~ loved, seconded by Co--tsetoner Shanahen and ctrriel 4/0 (Coastsstoner Saunders out), to close the public hearing. Ce~sl#io~er Shanahen ~:~v~d. seconded by Co,~tesloner Ruse and c~t~i~d 4/0 ((k~tsston~r 51undere out), tat the Ordin~nce es nu~- bered emi titled belo~ be adopted and entered into Ordlnamce Book No. 46: ORDIN&NCI 91-78 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 91-37 ESTABLISHING THE HISPANIC AFFAIRS ADVISORY BOARD BY AMENDING SECTION TWO TO INCREASE THE NUMBER OF MEMBERS FROM SEVEN TO NINE MEMBERS; REVISING SECTION THREE TO INCLUDE THE TERMS OF OFFICE FOR NINE MEMBERS; REVISING SECTION FIVE WHICH ESTABLISHES THE NUMBER OF MEMBERS FOR A QUORUM; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Itm ~C2 ORD~ 91-79, PROVIDING FOR A TENPORARY HILLAGE INCREA5! ~ NAIL B&LLOT /N TR] L~,LT GOLF 15T&TE8 BEAUTIFICATION NUNICIPAL SERVICE TJ~IN UNIT - J~)OFTED Legal notice having been published in the Naples Daily News on July 23, 1991, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened to consider an ordinance amending Collier County Ordinance No. 87-100, as amended, which created the Lely Golf Estates Beauttftcation Municipal Service Taxing Unit. Office of Capital Projects Management Director Conrecode requested that this Item and Item #6C3 be presented together since they are an either/or option with regard to the Lely Golf Estates Beautlftcatton Municipal Service Taxing Unit. Mr. Conrecode remarked that this is a public hearing to consider the adoption of an ordinance providing for a temporary millage increase through a referendum or Board action relating to the Lely Golf Estates Beautiftcatton MSTU. Mr. Conrecode stated that on June 11, 1991, authorization was requested from the Commission to advertise a public hearing to con- sider an Increase in the maximum allowable tax levy for the Lely MSTU, noting that the Board directed staff to come back with the two Page 29 August 13, 1991 options. Mr. Conrecode advised that revenue in the amount of $54,600 is generated by the current one mill rate and the proposed millage increase would provide additional revenue in the amount of $109,200 on an annual basis for three years which would result in a total addi- tional revenue of $327,600 based upon the stipulated duration of the millage increase. He announced that staff is recommending that the Board adopt the ordinance, amending Collier County Ordinance 87-100, as amended, providing for a temporary millage increase and referendum election in the Lely Golf Estates Beautification MSTU. Com~issioner Shanaban remarked that everyone in the Lely Golf Estates area is not in support of this issue, however, indicating that a number of people involved with the Beauttfication Committee do support same. He reported that he has received three calls this date, within an hour, from persons protesting this approach and desiring the referendum approach. Mr. Arthur Pearson stated that the average home in Lely is approximately $1§0,000 and the cost per each property owner would be $300 per year for a three year period which would complete the project in 2.33 years, otherwise, it would take 46 years staying with the pre- sent term. Mr. Conrecode explained that the first three medians are completed and it is proposed that medians 4 through 22 be completed over the next 2.33 years. Attorney John Hooley, member of the Lely Civic Association Board, spoke in favor of the assessment, with mixed feelings. He indicated that he will be paying approximately $600 over the three period. He noted that he believes that he has an obligation to the people in Lely and those who have been paying assessments up until this time, and requested that the Commission approve the additional assessment for the three year period. In response to Commissioner Hasse, Attorney Hooley replied that he feels that the residents have a right to a referendum but the cost of Page 30 August 13, 1991 sa~e ~ay be counter productive. Mr. Conrecode explained that it is estimated that the cost for a mail ballot would be $5,000. Attorney Hooley indicated that there has been an assessment that portions of Lely have received benefit from same, but other portions of Lely are not covered by the beautification. Mr. Robert Jehring remarked that in 1987, the residents of Lely voted in 1/4 mill, in 1988 the Commission raised this to I mill and now a request is being made to increase the assessment to 3 mills. He indicated that the residents should be allowed to vote on this issue. Mr. Pearson advised that newsletters and briefings have been sent to every resident in Lely Golf Estates. He indicated that 2 mills is being reqn/ested but insisted that a grandfather clause of a three year maximum be included and at the end of that time, the millage be reduced to ! mill. He stated that it is anticipated that there will be an 85~ water consumption reduction when the project is completed. Commissioner Shanahan questioned the length of time involved to go with a mail ballot, to which Mr. Conrecode replied that he antici- pates it would take about two months but would need to be discussed with Supervisor of Elections Morgan. Commissioner Hasse advised that he is not comfortable with assessing the residents of Lely Golf Estates, without providing them the opportttnity to express their desires in this regard. Commissioner Volpe indicated that he is in favor of submitting the guestion to the electorate to determine the will of the majority. Technical Services Supervisor Huber explained that Supervisor of Elections Morgan needs a 120 day minimum prior to the actual mailing out of the ballot and the $5,000 needs to be received upfront. He offered another option of placing this issue on the primary election next spring and the cost would be much less than $§,000. Commissioner Shanahan indicated that he is reluctant, without some form of a straw vote or ballot to take action on this issue. He explained that if there could be a mail ballot with S1~ in support of Page 31 August 13, 1991 increasing the millage, it would be easy to vote in favor of same. Commissioner Volpe cited that he is in favor of the mall ballot. There were no other speakers. Co~lulo~r Shanahah moved, saconded by 0o--tseto~ax. carried I/0 (Coaaieeioner Saunders out), to close the public hearing. Commiuion~r Shanaban ~vad, seconded by Commissioner Volp~ and carried 4/0, to movo ahead with a mail ballot as quickly am possible and that th~ MSTU pay for sa~, and that the Ordinance u nmabered and titled below be adopted and entered into Ordinance Book No. 45: ORDIIANCK 91-79 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 87-100, AS AMENDED, WHICH CREATED THE LELY GOLF ESTATES BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT BY AMENDING SECTION ONE TO INCREASE THE MILLAGE TO THREE MILLS; AMENDING SECTION TWO TO INCREASE THE MILLAGE TO THREE MILLS FOR THREE (3) YEARS AND THEN ONE (1) MILL THEREAFTER; PROVIDING FOR REFERENDUM ELECTION WITHIN THE DISTRICT: PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. CO~SXI~RATXO~ OF AN ORDINANCW PROVIDING FOR A T~NPORARY MILLAOI XIIUI~.II~ X![ TRr~ L~LY GOLF ~BTAT~ B~AUTIFICATION MU!IIOIPAL TAX/IIG OIlIT - D~X~D Legal notice having been published in the Naples Daily News on July 23, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearinG was opened to consider an ordinance amendinG Collier County Ordinance 87-1OO, as amended, which created the Lely Golf Estates Beautification Municipal Service TaxinG Unit, by amendin Section One, to increase the millage to three mills; and amendinG Section Two to increase the millaGe to three mills. This item was discussed tn conjunction with Item #6C2 above. {Nl~al~lo~r S~z~ moved, seconded by Co~atsstoner Rases and cmted i/0 (~t~toner Sanders ~t), to close the ~bltc hearing. ~~i~r Vol~ ~, seco~ed ~ C~teetoner S~ ~d cmlg 4/0 (mtsst~r Smd~rs ~t), to deny the ordlmce pr~ vtdt~ f~ i t~r~ mtlla~e increase in the Lely ~olf [states Page 32 Au~t 13~ ~99! ~ ~ ~ I~tOP'B::RTY LOC&TED AT 311 BOSTON AtFEJI~T~, LOTS 12 &ND 1~ f.111111*! ~'~IDMSlOI, IIl~l~..;~l - &DOI~l~'D GRARTIRG & 12.5 I~)OT v,Mt.tMeq Legal notice having been published in the Naples Daily News on July 28, 1991, as evidenced by Affidavit of Publication filed by the Clerk, public hearing was opened to consider Petition V-91-8, filed by Santos N. Osornio, requesting a 25 foot variance from the required 25 foot front yard setback to 0 feet, in a C-4 Zone, for property located at 311 Boston Avenue, Immokalee Florida. Community Development Services Administrator Brutt advised that this item is a request for a 25 foot variance of a non-conforming structure which has been in existence for approximately 45 years. He indicated that the petitioner proposes to improve the building as a boarding house for m/grant labor activities and noted that he has changed his request from a 25 foot variance to a 12.5 foot variance. Mr. Brutt provided a copy of a plot plan of the sub3ect site. He related that during the hearing before the Planning Commission, the petitioner reduced his variance request to 12.5 feet. He reported that the Planning Commission recommends approval of the reduced variance request and staff concurs with same. Mr. Brutt stated that this particular building is located in the Central Business of Immokalee where there has been a change in the parking requirements. He explained that even with the addition of the building, the parking requirements would be met. Attorney Ken Thompson, representing the Petitioner, advised that the bar will be removed and the building will be utilized as a migrant labor camp to be regulated under County Codes and Federal rules and regulations. He indicated that there is a fenced in area and the building will be concrete block with one main entryway. He reported that an office will be constructed to control the inflow of people coming into the building. He noted that his client provides addi- tional overflow capacity for the local churches by providing beds for migrant workers. There were no other speakers. AUQ~ISt 13, 1991 {~eal#lo~er S!~nahan ~oved, seconded b~ Co~ataetoner R~sse and c~i~ 4/0 (Cmt~toner Sanders ~t), to close the ~bltc hearing. ~lssi~r S~~ ~ed, seconded ~ Coatsstoner a~tght to · ~ Ntltt~ V-91-8, ~tlng a li.5 foot v~rlmce, ~s reco~nded ~ t~ ~11ier ~W Plying Co~tssion, ~d that Re~lutton 91-519 Co~tsstoner Volpe cited that he cannot support the motion. H~ noted that he has not been motivated to see that there is a unique hardship In this regard. Coutsstoner Goodnight announced that this is an area located in the southern portion of Immokalee and mtgran~ farm labor housing is something that has to be a part of an agricultural community. She related that it is far better for these people to spend $5 or $6 per night for a bed rather than sleeping in the palmettos. She noted that only men will be housed in th~s facility and it will provide an opport~ity for them to have a place to sleep at night while they are working in Immokalee during the season. Oo~tss~oner Shanahan remarked that he feels that this building will enh~ce the area and will take additional people off the streets. ~ ~11 for the ~stton, the ~tton carried 3/1 (Co~tsmtoner Page 34 August 13, 1991 ~ ~:~I~'1~I'~NY'l~, 1'~C., I~.~PR~B~:IITI!~ GOLDEN GA/'~ NOO~K Y.,Ol~ 1654 Community Development Services Administrator Brutt advised that on August 28, 1990, the Commission approved a Provisional Use for the Golden Gate Moose Lodge which will expire on the 28th of this month. He related that the Petitioner is experiencing financial difficulties and is req~esttng an extension of this Provisional Use. He stated that staff is recommending that a one year extension be granted. Commlutone~ ~mm moved, ~ccmd~d by Co~te~/oner S~ ~d ~t~ 4/0 (~tmetoner S~derm ~t}, to a~rove the r~eet for ~ ~t~ of ~tttt~ ~-89-24, ~d that Re~olutlon 9~-520 ~ Page 35 August 13, 1991 !~YLUT~ON 91-B21, AMENDING THE ESTABLISHED GROWTH MARAGEMENT PL&N AI~ID~T ~ - ADOPTED Community Development Services Administrator Brutt explained that this item is a recommendation to adopt a Resolution amending the established Growth Management Plan Amendment process. He revealed that previously, the Plan amendments were transmitted to the Department of Community Affairs (DCA) at one time of the year and the Capital Improvement Program was transmitted at another time of the year. He reported that DCA has advised that when the Capital Improvement is updated, that it be submitted along with the Plan amendments at the same time. He noted that this will move the process up by a two month period and a savings of $1,400 would be realized. C~mtml~ Vo11:~ ~oved, seconded by Co,~tsstonsr $h~nal~n ~d c~ri~ 4/0 (Cmtset~er 8~ders ~t), to adopt Resolution 91-521. Page 36 August 13, 1991 P~BLX(~ !IIdLXBIS TO BE H~LD ON SKPTKMBIR 25, 1991, AT 9:00 A.M., TO TffJJffEBE~T ~O01 ~ROWTH MAIIA~KMKIFT PLAN AMKBI~KIF~S TO DCA Community Development Services Administrator Brutt explained that Chapter 163.F.S. and the Growth Management Plan require that there be an annual cycle to amend the amendments to the Plan. He reported that the Planning Commission has set a public hearing for September 5, 1991 and requested that the Board set a public hearing date for September 25, 1991. Oolmioelonor $hmn~h&n Bored, seconded by Contsstoner Huse and ~r~td i/O (CormInterior $1und~rs out), to set September 25, 1991, at 0:00 A.N. H tb public hearing dmte to consider proposed &mendBents to tho 1091 Growth Mmn~geuent Plan iB~ndnents. Its~l ]I~f~T~OM TO ~ A COM~ULTING ~NGIHNRING SKRVICES i~ Engineering Project Manager Ryztw, requested approval to enter Into a contract with Agnolt, Barber & Brundage, Inc. for design and permitting of four-laning improvements to Illth Avenue (Vanderbilt Drive to U.S. 41), relative to CIE Project No. 001. He explained that staff has negotiated a lump sum price of $229,997 with the subject firm. Mr. Ryziw advised that the contract is based on 432 calendar days, and relates to roadway, drainage and pavement marking design, reimbursable expenses, permitting, highway lighting system, 30~ preli- minary phase of the project, and the cost for subconsultants. In answer to Commissioner Volpe, Mr. Ryztw indicated that this roadway is currently operating at Level of Service (LOS) "C" which equates to a little less than 7,500 vehlcles per day travelinG on this roadway. He noted that the targeted construction date is 1995 but the AUIR references a date of 1998. Gommieeloner Volpe remarked that the County is hard pressed for Page 37 August 13, 1991 dollars and ultimately, $3 million is required for this project. He suggested that staff look at prioritizing these dollars which possibly should be spent someplace else. Mr. Ryztw stated that the dally traffic counts on this roadway will increase due to the land growth and in order to Justify construc- tion of the project based on the current LOS standards, 4,000 addi- tional vehicles per day will be added during the next five years which would warrant construction of this highway from a Growth Management standpoint. He explained that the adequate lead time that is needed to acquire the rights-of-way is a matter that is very critical. He reported that the current dollars for right-of-way could be expended based on current market values. In addition, he related that environ- mental permitting associated with transportation projects many times exceeds the design period by two or three times. Transportation Services Administrator Archibald explalnWd that ?.6~ of the total project is allocated for design. He divulged that not only is there a lot to be gained dollar wise in being able to acquire right-of-way in advance, but there is not sufficient money in a project like this to assemble enough dollars to undertake a construction project. He remarked that if the $230,000 is taken from this project it would not be a sufficient amount of money to push ahead another prioritized project. He indicated that the monies collected from impact fees must be used within a certain District. He noted that the projects that are funded for construction in this par- ticular District include Immokalee Road and Goodlefts-Frank Road. He affirmed that those two projects are funded from Fund 399 which is the loan that is being drawn down. He stated that these two projects will not be affected by allocating money to design the subject project. 0o~misetoner Shanahah noted that Initially, $320,000 had been allocated for the design of this project. He stated that he recogni- zes the need to complete the design work early enough to complete a project. Co~miasioner Volpe indicated that in many instances there are con- Page 38 August 13, 1991 currency problems but there is no currency problem with respect to this project. County Manager Dotrill stated that the "Shanahah Report" which is the status of the assessment and impact fee analysis will be presented to the Comalesion on September 3rd. He explained that the Board may wish to continue this item for three or four weeks until the Commission has had the opportunity to review the recommendations with respect to increased impact fees and assessment proposals. Commissioner Volpe remarked that he would be more comfortable if all the funding has been committed by the Commission. He suggested continuing this Item until after presentation of the status of the assessment and impact fee analysis. ~~ 4/~ (~k~m~to~er ~nd~ out), to continu~ th~. tt~ until ~ 10, 1001. ~ 01-BS~/~-91-3, AUTHORIZIN8 THE &~'~UISZTION BY GIFT, IqJBH~BSIORCOBrD~JSLILTION OF TIMPORARY OOWSTR~ION KASIMKNTS AND PBIPKTUaL UT17,FTY IASIMIBTS RE~RED !~R THE OOLDEN GATE WELLFIELD Assistant Utilities Administrator Bloetscher stated that this item is a request for the adoption of a resolution authorizing staff to l~arsue the acquisition and condemnation of easements in the Golden Gate Estates area for the Golden Gate Wellfield expansion. ~~ 4/0 (~~t~r ~~ ~t), to adopt ~oluti~ 01-6tt/~l-O. Page 3 9 Auf~ust 13, ~991 County Manager Dotrill explained that for the first time in a number of years, there has been a decrease within the General Fund as it relates to the 1/2 cent of the 5th cent of the State Sales Tax. He indicated that overall retail spendinG in Collier County was down. He reported that the recession has had an affect on County revenues and it is estimated that those revenues will be down $2.13 million. He announced that if this is going to be an established trend, he may need to come back to the Commission in September and suggest that further reductions be made within the General Fund for next ¥ear's budget. County Manager Dotrill advised that the situation in the Transportation and Community Development Departments appear to be essentially the same. He revealed that through the close of business the past week, the hiring freeze has saved $1,280,?74, noting that 62 positions have been held in a frozen state. County Manager Dotrill requested authorization to take that money, by budget amendment, and place it back in restrictive reserve accounts to increase the carry forward when the new fiscal year begins on October let. In summary, Mr. Dotrill reported that the Budget Office continues to track the Capital side of the impact fee funds but aside from the Library Construction Program, there are no impact fee funds that appear to be problematic relating to the budgets that were previously s~bmitted. He suggested that a closer review of the 1 Mill Capital ~nd be made since there may be an opportunity to defer various pro- ~ects as a means of producing ad valorem taxes for next year. County Manager Dotrill suggested that the hiring freeze remain in effect through the end of this fiscal year and reevaluate same at that time. Commissioner Shanaban noted that Finance Director Yonkosky has 000 , 173,age ,0 August 13, 1991 taken the position that the Manager is under estimating the shortfall by several million dollars. County Manager Dartill replied that Mr. Yankssky is questioning the shortfalls within the impact fee categories. He indicated that he would be happy to discuss this issue with Mr. Yankssky. Commissioner Volpe voiced support of the hiring freeze. He remarked that the Manager mentioned that the property tax burden may be able to be reduced by deferring certain projects under the 1 Mill Capital Improvement Levy. He recalled that during discussions of the AUIR, 90~ of the i Mill Capital Improvement Levy was allocated for Non CIE projects. He questioned whether the projects to be deferred fall under the Non CIE category and if the savings from same could be used for Operating Expenses within the General Fund. County Manager Dartill replied that this could be done, but an advertised public hearing would need to held but suggested that an alternative would be to use this as a tax relief going into the next year. He noted that this would be a last ditch proposal if there were to be a real slide in sales tax receipts. County Manager Dartill announced that cutting back on the street lighting activities have not been positive. He indicated that 3/4 of everything that is done from an operating budget standpoint is "people oriented" and the main way to save money is through salaries and the associated benefits. Finance Director Yankssky stated that he believes that his projec- tion of the 10 month revenue is approximately $200,000-$300,000 higher titan the Budget africa's projections. c~rr~e4 4/0 (Co.~tssioner Saunders out) to approve the Third Quarter, 1991 ~ !~rt, u per the I~r's reco~endatlon~ to continue ~ hlrW Fr~; ~uthorlzation to cow b~ck in aid-Septe~ber to con- oide~ F~z-the~ ~ed~ctione, if neceeeaz~ and authorization to n BOD~HTAI~]I~[~ 92-262; 92-294; 92-297/302; 92-303; 92-305/306 AND 01-s1 /a14 -ADOPTED Page 4~ August 13, 199! 91-~/~1~ 01-~3~ 91-305/306 ~d 01-312/314. Im~lD 0r 18 ,000 Finance Director Yonkosky repasted the Board approve a Budpet Amendment north9 $184,000 out o~ 9eneral fund reserves Into Circuit Court Costs due to unusual expenditures this year. He explained the State will no lonper reimburse the County ~or witness costs and there have been ~han~es in Statutes ~hlch require the Board to pay for expenditures It has not paid for in the past. He reco~ended approval of the transfer of funds. Co~tsstoner Volpe questioned if there may be an opportunity to recapture the costs by increasing filth9 fees? Finance Director Yo~o8~ responded filth9 fees are ~enerally determined by State Statute, however, as chanpes are made in those requirements, Staff will brtn~ then before the Board as appropriate. In response to Co~tsstoner Volpe, Finance Director Yonkosky orated 100~ of the fines collected are used to defray these expenses. He indicated the Clerk's Office, in ~onJun~tton ~tth the County Attorney's O~ftce, is takin9 a very a~presstve approach tn the tlon of imposed fines. He mentioned ~here is a current bid out for court appointed attorneys to perform some services rather than the present system of Judpes appointIn9 outside attorneys. He said this may help reduce the ~osts In that area. ~~i~r ~ers ~, ~co~ed ~ ConIsotoner Haooe ~d c~i~~i~ly, to ~pt the ~dgot ~nbnt lncre~lng ~ ~~ tn Cost Cantor 421190 in tho ~t of 0184,000. Finance Director Yonkosky recalled in 198~, the Board of County Co~tsstoners approved a $200,000 loan from ~nd 301 to ~nd 159, the Page 42 August 13, 1991 Marco Island Beach Renourishment District, with the intent that they could use those monies to start the engineering services on beach renourishment. He said this was approved with the understanding that ad valorem taxes would be levied and Fund 301 would be repaid with interest. He noted at the same time the Board decided, in order to avoid the implication of dual taxation, to reimburse Marco Island for a pro rata share of all the money that was spent in Fund 301 that dealt with renourtshment outside Marco Island. He stated the intent was for the Board to approve a portion of the funds to go to that District on an annual basis. He said due to an oversight in this pro- cess0 the Marco Island Beach Renourishment District was reimbursed twice for $27,200. He concluded this request is for Board approval to take $27,200 out of Fund 159 and return it to Fund 30! with accrued interest. tnt~t ~ ~ 159 to Fund SO1 in the m~unt of $31,300. ~ ~ ~I~ ~ISO~ ~ - ~D Administrative Assistant to the Board Ftlson stated that this Item is a request to appoint two additional members to the Black Affairs Advtso~ Board. She advtsed that the NAACP is recommending the appointments of Herb Cambridge and Clauderrs Gillings. ~l/~ Illl~ to the Black Page 43 August 13, 1991 {I~{~{FTI0{{ g1-5~4 ltEVI$INO lq~ RE$OLUTIOI CRE&TIIG TR~ ~'11ITECTURItL ~TIYI~T~CTCITIiZ~r{ 1~ {[OC {~{"I$0RT CO{,~I~ MID ItESOLUTIOR 91-5~g 1~0~ S~I~NN~NBER$ YO SAN~ - ADOPTED Administrative Assistant to the Board Fileon remarked that this Item is a request to adopt a Resolution amending Resolution 91-382, creating the Architectural Overlay District Citizens Ad Hoc Advisory Committee and appointing seven members to the committee. Committoner R~ee moved, seconded by Commissioner Sh~ ~umd c~t~ 4/0 (C~lssioner 9a~ders ~t), t~t Re~olutlon 91-524, ~ ~id 4/0 (~tni~r ~~ ~t), tht ~a Nllg~, Brtu ~ ~ Till h ~int~ u mh~ to the Archlt~al ~rlly Dt~l~ Cttts~ ~ !oc l~t~ C~ltte, there~ ~d~ttn~ Page 44 August 13, 1991 County Manager Dorrlll reported that he has had conversations with representatives from the Polymer Plastic Recycling Company relative to eelling County land adjacent to the Landfill· He indicated that Polymer has expressed an interest to enter into a lease agreement in order to remove 1/2 million pounds of agricultural plastic at the Landfill. M mlsi~l~slF, that the following tt~n~er the con- ~t ~1~ aplrroved ~n~/or adopted: 91-812 ~U~NTING P'R~LIMINARY ACCEPTANCE OF T~ ROADMAT, AND $~M~ ~ FOR THE F/NAL PL&T OF SOUND' - W/TH STIFOT. ATION~ Accept the three Irrevocable Letters of Credit and three Personal Bonds as security for maintenance of the infrastruc- ture until the Board of County Commissioners grants final acceptance of all improvements. Authorize the chairman to execute the Maintenance Agreement for Preliminary Acceptance. 3e Preliminary acceptance of improvements will not become effec- tive until sewer facilities have been conveyed to Collier County Water-Sewer District. See Pages /~q" ~0 ~ FINAL PLAT OF mQUAIL NEST UNIT ONE' - WITH Accept the Irrevocable Letter of Credit as security to ~uarantee completion of subdivision Improvements. Authorize the recording of the Final Plat of "Quail West Unit One". Authorize the Chairman to execute the Construction and Maintenance Agreement. That no Certificates of Occupancy be granted until the required Improvements have received preliminary acceptance. !~O~0~ 91-61S APPltOVZNO FOR R~CORDZN~ TR~ FINAL PLAT OF "QUAIL ~ FL&Y~t, FNItS~ T~O' ~ GRMTIZN~ PP.~LZ#INART ACCIPTANCE OF THE ROAD~Y~ D~AINA~ WATER AND B~ER I~PltOV~M~ITF~ - WITH ~TIPULATION~ Accept the Maintenance Bond as security for maintenance of the Infrastructure until the Board of County Commissioners grants final acceptance of all Improvements. August 13, 1991 2. Authorize the recording of the final plat of "~uatl Creek Plaza, Phase Two". 3. Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance. 4. Preliminary acceptance of the improvements will not become effective until water and sewer facilitJee have been conveyed to Collter County Water-Sewer District. 13CZCUT~ON C~ ~ ~ A~ ~ A~~ OF COerCE ~R RI~~Y ~S~I~ ~S~ ~ ~ D~I~ 0F C.I.E. ~0~ NO. PAREIll LIAIK WITH THE TASlC Iq:)RCl !q:lR THE HOI~LESS fOR I:IOHT (8) P~ SPACES Iq2R ST, MATTHEM*S HOI~E See Page8 O~3/' O~ ,.~ .-~ Iteu#lSD1 ~ OIP 1~0 (2) PKIIItIJIKIIT UTILITY KASEIqEIITS rROH SU!IIKRPLACE ~ Jt~OCZATZOM, ZM~., JLIm BMERALD WOODS CO]IDGI~IrlUIq ASSOO~TZOI, I]IC. , Zt~ ~Pl 6DI ACCEPT~ OY&UTILITY ~ AI~D A TEMPORARY COW~ION AS PART OFT HI SOOT~ COUIrI'Y RI9IOIL~#ASTEt~TER FACILITIES UTlWe, ITY IA~BiKIrT A~PTID FOR Till PZME RID(J! ROll) NATER FACILITIES FOR THE COLLIKR COUITI*Y HAZARDOUS MATERIAL RESPOW~K see Page ~'~ FOR THE COLLZI:R COUNTY fLOOD UAR~ZW~ PROeRA. See Page Xtmm !q~tT!l ArrXI~CIAL ~ PROGRJlIIOFCOLLZ!IR COUNTY - ZW ~ ~ OF Page 46 August 13, 199! BUD~T~ ~IZXM~ ~ IN FUMD 473 FOR !e~tMD&TORY SOLID W&ST~ 90~T.~g1~O~ - IWTS~ ~ O, ~20,000 ~ OF I~'TI~LIlI~ & EDO~ATIOM GIUkMT FU~D~ FRO~ C&PITAL EIKI~8~ TO O~t&~ ~ - IN TR~ AMOUNT OF ~ O~ BIDDXM~ FROC~ AMD L&MDFILL ~ ~ ~ ~TI~0~OFAG~MTItJtCT~T~ ItODRIGU~Z, INC., TO ~/T~&T/G~I~ !~JkT~D TO VEG~TATIOW R~VJkL AT TIGERTAIL B~IkC!I - IMT!I~ JkMOOIIT OF ~OLIFT~OF 91-616 R~tPPOl~ITXNG NIC~A~L AMD C.C. RED HOLL&MD TO TI~E DX~TiilCT II~iEf !lll~l~ COU)ICIL 1990 TJ~IGXBLZ iv~I~OIZIkL FROI~qqTY ~ · Dmt! 1990-116 7131/9! ~e following miscellaneous correspondence was flied and/or referred to the various departments as Indicated below: 1. Letter dated July 26, 1991, to Maxell G. Battle, Jr., Esq., ~d BCC, from Znes Delgado, Supervisor, Case Admlnt~tratton, ~er~can Arb~tratton Association, re: settlement off 31-110-0251-91-ID, Coastal Marine Construction, Inc., and Collier County. Copies ~o Netl Dotrill, Nell Cuyler, and f/led. 2. ~ual Financial Report of I~okalee Fire Control D~strtct for Ft~cal Year Ended September 30, 1990. F/led. 3. Dated July 29, 1991, to Collter County Court House from Collier County Utilities Division, Notice to connect to Collier County Sewer Facilities. Copies to Nell Dotrill, Ken Cuyler, and filed. 4. Letter dated Au~st 2, 1991, to Co~tsstoner Goodnight from ~111tam E. Sadow~kl, Chairman, State Emergency Response Co~lsston for Hazardous Materials, Department of Co--unity Affairs, re: appointment ae member of the Local Emergency August 13, 1991 10. 11. 12. 13. 14. 15. Planning Co~mittee. Copies to Jay Reardon, Nell Dorrill, Bill Lorenz, and filed. Copy to Comatssioner Goodnight of letter dated August 1, 1991, to Eileen Arsenault, President, Collier County Audubon Society, from Robert G. Nave, Director, Division of Resource Planning and Management, Department of Community Affairs, in response to concerns regarding her challenge against Collier County for failure to adopt land development regulations. Letter dated July 19, 1991, to Commissioner Goodnight from Lewis O. Burnside, Jr., Director, Division of Housing and Community Development, Department of Community Affairs, re: Grant Award Agreement #90DB-49-OP-21-O1-H05. Copy to Nell Dotrill, and flied. Letter to Chairman, BCC, from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re: Collier County - WRR, File No. 111998505. Copies to Nell Dotrill, Harry Hub,r, and filed. Copy to BCC of letter dated July 22, 1991, to Brett D. Moore, P.E., Humtston and Moore Engineers, from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re: Notice to Proceed Withheld, Approval of Governor and Cabinet Permit: CO-290; Permittee's Name: Pamaba Aklengesellschaft and the City of Naples. Copies to Nell Dorrtll, Frank Brutt, Harry Hub,r, and filed. Letter dated July 29, 1991, to BCC from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Department of Natural Resources, re: Request for Public Comment; File Number: C0-320; Applicant: Donald B. and Joanne M. Stoughton. Copies to Nell Dotrill, Frank Brutt, Bill Lorenz, and filed. Letter dated Jul~ 25, 1991, to Commissioner Goodnight from Alzo J. Reddick, Chairman, Committee on Tourism, Hospitality & Economic Development, Florida House of Representatives, re: enclosed survey to track Florida's four tourism-related taxes. Copies to Ron McLemore, BCC, and flied. Letter dated 7/23/91, to Collier County Clerk of the Circuit Court, from James P. Ward, Assistant District Manager, Lely Comaunity Development District, enclosing Proposed Operating Budget for the Period 10/1/91 through 9/30/92 re Lely Community Development District. Filed. Letter dated August 5, 1991, to Commissioner Goodnight from Louis S. Erickson, Golden Gate Legal Center, re: his clients concerns' regarding the proposed YNCA to be built tn Golden Gate Estates. Copy to Ken Cuyler, and filed. Copy to BCC of letter dated July 30, 1991, to Lynn S. Brawlerr, Department of Revenue, from Guy L. Carlton, Collier County Tax Collector, enclosing proposed budget for the Collier County Tax Collector's office for October 1, 1991 through September 30, 1992. Copies to Budget, Nell Dorrill, and filed. Schedule of Meetings 1991/92 for the Immokalee Fire Control Board. Filed. Dated July 26, 1991, from Debra McQuatg, Bookkeeper, lmmokalee Fire Control District, notice that J.C. Nutley, Fire Chief, ts a Registered Agent. Flied. 000,',o 186Page 48 August 13, 1991 16. 17. 18. 19. Proposed Budget for 1990-1991 for the Immokalee Fire Control District. Filed. Immokalee Fire Control District General Purpose Financial Statements and Auditor's Report, September 30, 1990. Filed. Environmental Policy Technical Advisory Board Minutes of July 8, 1991. Filed. Notice to Owner dated July 31, 1991, to Collier County School Board from Ferguson Underground under an order given by Florida State Underground, for materials/services for Tommte Barfield Elementary School. Copies to Nell Dorrtll, Steve Camel1, John Yonkosky, and filed. 20. Notice to Owner dated August 2, 1991, to Collier County from NAMASCO under an order given by Suncoast Industries, for structural steel for Collier County Library HQ/Addttton. Copies to Nell Dotrill, Steve Camell, John Yonkosky, and filed. 21. Notice to Owner dated May ?, 1991, to BCC from Arc/Tech Fence Systems d/b/a Buccaneer Fence Inc., under an order given by N. Cole Development Corp. for installation of fencing and related materials, for Collier Village Immokalee Florida "PUD Infrastructure Project". Copies to Nell Dorrtll, Steve Camell, John Yonkosky, and filed. 22. Notice of Hearing before the Florida Public Service Commission, to All Investor-Owned Electric and Gas Utilities and All Other Interested Persons; Docket No. 910001-ET, Docket No. 910002-EG; Docket No. 910003-GU; Issued: 8/2/91. Copy to Mike Arnold, and filed. 23. Copy of letter dated July 25, 1991, to Department of Corrections, Inspector Virgil Choate, from Don Hunter, Sheriff, Collier County, responding to the 1st Annual Follow-Up Inspection conducted on 6/5/91. Filed. 24. Letter dated June 17, 1991, to Dear Public official, from Elizabeth D. Ross, Attorney, Office of Counsel, South Florida Water Management District re: Water Shortage for portions of Lee and Collier Counties declared on June 14, 1991. Filed. 25. Letter dated July 19, 1991, to Clerk James C. Giles, from Sidney H. Totbit, Director of Administrative and Support Services, Office of the Auditor General, State of Florida, enclosing copy of Audit Report No. 11689, re: District School Board - Collier County, for fiscal year ended June 30, 1990. Filed. 26. Copy to Commissioner Goodnight of letter dated July 29, 1991, to The Honorable William L. Blackwell, Judge of the Circuit Court, Collier County Government Complex, from G. Donald Thomson with Young, Van Assenderp, Varnadoe and Benton, P.A., re: O'Shea's Restaurant rs. Board of County Commissioners Collier County; Case No.: 91-1947-CA-O1-WLB. Copy to Nell Dotrill, and flied. 000 , i87 Page 49 August 13, 1991 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:00 P.M. ATTEST: JA~ C. 'OILZS, 'Cf~RK as presented. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPBALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL PA~RfCi~ -ANNE GOODNIGHT,~JCHAIRMAN ~p~d by the Board on ~ or as corrected Page 50