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BCC Minutes 09/14/1993 R Naples, Florida, September 140 1993 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION tn Building "F" of the Government Complex, East Nap/es, Florida, with the following members present: CHAIRMAN: Burr L. Saunders VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Bettye J. Matthews ALSO PRESENT: John Yonkosky, Finance Director; Ellis Hoffman, Deputy Clerk; Annette Guevin, Recording Secretary; Netl Dorrtll, County Manager; Wi/l/am Hargett, Assistant County Manager; Ken Cuyler, County Attorney; MarJorte Student and Ramtro Manaltch, Assistant County Attorneys; Mike Arnold, Utilities Administrator; Frank Brutt, Community Development Services Administrator; Leo 0cbs, Administrative Services Administrator; Tom 011iff, Public Services Administrator; Fred Bloetscher, Assistant Utilities Administrator; David Pettrow, Long Range Planning Director; Tom Conrecode, Office of Capital Projects Management Director; Ed Kant, Transportation/Traffic Operations Engineer; Mike McNees, Management & Budget Director; Steve Carnell, Purchasing Director; Jeff Walker, Risk Management Director; Norris IJams, Emergency Services Administrator; Tom Whitecotton, Human Resources Director; Diane Flagg, Emergency Services Education Quality Control Manager; Philip Scheff, David Weeks, Ron Nine, Sam Saadeh and Ray Bellows, Planners; Sue Ftlson, Administrative Assistant to the Board; and Deputy Rosa White, Sheriff*s Office. Page T&po #1 (3?) /rem #3 September 14, 1993 AG~qDJk - APPROVKD WITH CHARGES Conies/snot Constant/ne moved, seconded by Con/eeloner Norris and carried unanlmouely, to approve the agenda with changes as detailed on the Agenda Change Sheet, and the following additional /teu: Item #16C1 moved to Item #8C1 - Recommend that the Board of County Commissioners approve a concept of constructing a boat ramp on property owned by the Ut/ltt¥ Department /n the Golden Gate Estates and that a publ/c meeting be held tn the Golden Gate Estates to determine the feas/bLltty of that location for the facility. Item #10G - Discuss/on re Town Hall Meet/ng dates Ln Immokalee - Added. Page 2 (:go) Xtem CONBI31T AQKNDA - APPROVED AND/OR ADOPTED September 14, 1993 The motion for approval of the consent agenda to noted under Item #16. (200) Xtem #8& PROCLAMATION DESIGNATING THE WEEK OF SKPTEMBKR 20 - 24, 1993 AS INDUSTRY APPRECIATION WEEK - ADOPTED Upon reading of the proclamation, ¢onalleloner Volpe moved, seconded by Comaissioner Matthews and carriad unanimously, that the Proclmtion deetgnattng the week of September 20 - 24, 1993 a8 InduetryAppreclat~on Week, be adopted. Mr. Gary Carlson, Economic Development Council Chairman accepted the Proclamation. Page 3 (~88) EMPLOYE~ SENVIC~ A~AWD PRESENTED TO ED MA~OII~E September 14, 1993 Commissioner Constantine congratulated Ed Maguire of Development Compliance for five years of service with Collier County Government and presented him with an Employee Service Award. (SOO) Item #882 MI~ LE~DS AND JOHN RENOSIS, ADMINISTRATIVE SERVICES DIVISION - I~CO~NIZ~D A~ EMPLOYEES OF TITg MONTH FOR SEPTEMBER, 1988 Commissioner Saunders stated that Mike Leeds and John Renoeie, of Administrative Services Division have been selected as Employees of the Month for September, 1993. He explained that both men have worked together as a team and produced extraordinary results. He noted that their efforts have saved the County over $60,000 by canceling the maintenance contracts with AT&T and performing the work themselves. In addition, he remarked that they have discovered economical ways of routing calls, especially toll calls and have terminated unnecessary circuits. Commissioner Saunders congratulated Mike and John for a Job well done and presented each with a plaque, and a check in the amount of $50 and a letter of appreciation. (SOS) Xte~A! BUDGKT ~S 93-473~ 477/479; 481/482; 488/486; 488; 492 AND 498 Finance Director Yonkosky requested adoption of the l! budget amendments in the Clerk's Report. He pointed out that two Budget Amendment Resolutions are shown, however, the budget amendments asso- ciation with same were inadvertently omitted from the agenda package. He advised that he is withdrawing the request for adoption of the two budget amendment resolutions which will come back to the Board on September 21, 1993. Comateeloner Matthews moved, eeconded by Commissioner NormAl ~ Page · carried unanimously, that Budget Amendments 93-473; 477/479; 482/482; 485/486; 488; 492 and 495 be adopted. (420) ZtemdIA2 BU~3~ ~S 93-436 AND 439 - A~OPTKD FAnance Director Yonkosk¥ recalled that the Board recently con- tinued two budget amendments. He noted that one budget amendment related to Community Development and the other to the Parks Budget. He announced that he has received communication from the Manager's staff regarding these matters and is satisfied with same. Commissioner Volpe moved, seconded by Comalaaloner Matthews and curled unanimously, that Budget Amendments 93-436 and 439 be adopted. (4S0) Item A~RKEMIIT WITH COOPERS AND LYBRAND FOR AUDITING AND ACCOUNTING ~CE~ FOR TH~ FISCAL YEARS ENDINQ SEPTEI~R 30, 1993 AND 1994 - Finance Director Yonkosky stated that this Item is a request for the Board to review and approve an agreement for auditing and accounting services for the Fiscal Years Ending September 30, 1993 and 1994. Mr, Yonkosky recalled on July 20, 1993, the Board accepted the ranking of the public accounting firms as presented by the Auditor Selection Committee. He Indicated that as part of that process, the Finance Director and the County Attorney were directed to negotiate a one year agreement with the option to extend the agreement for one year at the discretion of the Board. Finance Director Yonkosky explained that the subject agreement ts for a two year period with an exclusive unilateral right for the Board to cancel the contract at the end of the f~rst auditing year. Mr. Yonkosky reported that the County Attorneyta office has reviewed the agreement for form and legal sufficiency and Risk Management has made a review of same with regard to tho Inclusion of the necessary insurance requirements. Page 5 September 14, 1993 Finance Director Yonkosky advised that this contract locke in rates for auditor services throughout the one or two year period at the Board's discretion. Mr. Yonkosky stated that the fee represents a 6~ increase over last year. He indicated that the second year fee will be based on a CPA renewal. He noted that one reason for the increase is due to ser- vices provided last year which were not built into the fees, i.e. spe- cial reports for grants, however, an Increase was not requested. Finance Director Yonkosky reported that other counties have been polled with regard to negotiated audit fees as listed in the Executive Summary. Ms. Phylis Jones, of Coopers and Lybrand revealed that the fees of her firm include expenses. She stated that there would be nego- tiations with regard to whether a specific fee includes expenses for any special services that may be requested. Com~issioner Volpe cited that Coopers and Lybrand have been auditing for the County for the past six years and with a system in place things should move a little more quickly. He remarked that rather than a 6~ increase, he expected that there would be a reduction due to the start up costs. Ms. Jones stated that there are additional regulations that have to be complied with each year, resulting in an increase in audit time. She noted that these costs were absorbed last year rather than requesting an increase. In addition, she indicated there are other reports that are required which were not required six years ago. In response to Commissioner Volpe, Mr. Yonkosky remarked that this selection process was advertised but only two firms responded. He noted that several letters have been received from smaller firms that would like to be involved with ancillary services. In addition, he explained that Ms. Jones has assured the Auditor Selection Committee that she will use a review partner in Tampa or Miami and therefore, there would be a different look at some of the review processes. Colliaaloner Constantine loved, seconded by Colliasionlr Matthltel and car~L~ 4/~ (Conntsm/onar Volpe opposed), to al;~ove ~he Ag~oeslen~ wt~h C~re ~d Lybr~d for Auditing ~d Acc~ng Sea,cee for the Page ? September 14, 1993 (1015) R~SOLUTION 93-378 ~RANTINQ PRELIMINARY ACCEPTANCE OF TH~ ROAD~AY, DRAINA~, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "QUAZL WALE PHASE TNO' - ADOPTED WIT~ STIPULATIONS Community Development Services Administrator Brutt advised that Items #8A1 and #8A2 re/ate to Quail Walk, Phase Two and would normally be consent agenda Items. He indicated that staff has reviewed all the pertinent criteria and recommend approval relative to the preliminary acceptance of the roadway, drainage, water and sewer improvements for the final plat and the water and sewer facilities acceptance for Quail Walk, Phase Two. Commissioner Matthews stated that some of the residents are ready to move into Quail Walk Phase Two, but are unable to obtain their Certificates of Occupancy until approval ts granted for the subject items. Co~es~oner M~tthew~ ~oved, seconded bF Com~ee~oner Vol~ and carried unanimously, to ~rant prelta~nary acceptance of the ro&~w~y, drain&go, water and sewer t~provements for the £~n~l plat of Walk Ph~oo Two. Page 8 September 14, 1993 ACCEPTANCE OF MATER AND SEWER FACILITIZS FOR QUAIL NALK, PIZ~SE T~O - AFPROVEDNITH ~TIPULATIONS This item was heard tn conjunction with Agenda Item #8A1. Co-~ilalonar Matthews moved, leconded by Co-~t~ioner Volpe and c~rted un~ni~ously, to accept the ~ter ~d e~ fac~l~ttee for ~tl~ ~2~-- ~CO~ED IN 0R BOOK 1882 Pages 12 - 21 (~ogo) Item~Cl KSTA~S - ~ TO CO~UCT A ~LIC ~ING ~ ~ Public Services Administrator Olltff stated that this Item t8 a request for approval of the concept to build one of the two fresh water boat ramps as shown tn the Parks and Recreation Departmentts Five Year CIE Plan. Mr. Olllff explained that the Utilities Division owns property containing a raw water booster station, comprised of ? acres at the end of ?th Street S.W. Mr. Olltff suggested that public hearings be conducted to deter- mine If there Is Interest In locating a boat ramp In this area. In answer to Commissioner Volpe, Mr. Olliff remarked that staff looked at several sites, however, there ts a great public desire to have the boat ramp located into the Golden Gate Canal system. He noted that this site was attractive to staff since the County already owns the property. Assistant Utilities Administrator Bloetscher stated that this site is located at the end of ?th Street, S.W. and is the western botlndary of the APAC site. He indicated that there are currently approximately 25 homes on this street. Commissioner Volpe remarked that the area off Golden Gate Parkway near the K-Mart is being used by some people as a boat ramp and questioned whether staff has considered this site as a facility. Mr. Page 9 September 14, 1993 Olllff replied that he ts uncertain as to whether this site has been considered but will report back tn this regard. There were no speakers. Cslmmioner Matthe~ moved, seconded by Comleetoner Volpe ~nd carrledunant~ousl¥, t~t staff ~ d~rected to con.ct ~bl~c ~n~ conceding a pro~eed ~at r~ In Oolden Gate Estate~ ~d r~rt ~ck It~ ~D1 C0~ ~R CO~OC~/OR O~ ~IOR 0~ ~ ~OR~ CO~ ~GZO~ ~1~50~000 Utilities Administrator Arnold explained that this Item taa request to award the contract for construction of the expansion of the North County Waatewater Treatment Plant to Mllmir Construction In the ~ount of $14,350,O00. Mr. Arnold advised that six firms submitted btde for this project and noted that a bid protest has been received from the second low bidder. Mr. Arnold reported that a formal review has been conducted relative to the bid protest and it ts the opinion of the County Attorney that the irre~ularittee cited tn the protest could legally be waived by the Commission. He indicated that this opinion was com- municated to the protesting bidder, however, they have not responded back and the time to do so within the purchasing policy has expired. Mr. Arnold recommended that the Board waive the Irregularities and award the bid to Mt/mir Construction. In response to Commissioner Volpe, County Attorney Cuyler revealed that hie staff has spent many hours reviewing this matter and te com- fortable with the Board proceeding forward. Mr. Saade Chtbani spoke with regard to this Item. Comm/uloner Norris moved, seconded by Comlestoner Volpe carried unanimously, to waive the bid trregulartttem and that the bid be ~w~rded to Mtlmtr Construction tn the amount of $14,350,000. September (2S88) Xte~ ~D2 ~ NO. T~O TO TH~ PROI~SSXORAL SNRVZCES AGReemeNT IIXTR A]ID SAIIT~R, XNC. FOR ~XP&]ISXOR TO TH~ NORTH COUNTY R~GXOR&L NJLST&W&T~R TR~&~ FLART - APPROVED #XTH A ROT-TO-~XCEED JI~IOUIIT OF Assistant Utilities Administrator Bloetscher indicated that during the bidding process, several contractors advised that the 18 month bid time for completion of the project was not adequate in order to secure good bids and ~uarantee completion on time. Mr. Bloetscher stated that the bulk of the requested contract amendment relates to extending the on-site time of the engineer to 24 months on a time and material basis. Commissioner Volpe noted that additional services are required in add/t/on to extending the actual construction time. Mr. Bloetecher replied that the electrical system has been expanded. He indicated that a new grid chamber was needed and the contract is higher than what was anticipated. Mr. Sadde Ch/bani spoke with regard to this item. Mr. Bloetscher referred to Pages 9 and 10 of the Executive Summary, depicting the actual items that are being revised. He indi- cated that $217,937 is the not-to-exceed figure, based upon the work being done by Hazen & Sawyer, Inc. on a time and materials basis. Co~tlmtoner Norris ~oved, seconded b~ Commissioner htthl~l and carrted m~ni~ousl¥0 to approve A~endaent No. T~o to the Professional Services Agreement ~tth Hazen & Sa~sr, in the not-to-exceed lift. re o£ Page September 14, 1993 (2008) R~COI~ND&TIOR TO ~STABLISH GROUP H~T,'I"H ~LF-I~ISURARC~ PT.d~ FI~.~ZDM FOR F/~car. Y~LR 1994 - CORTIRU~D FOR 01~.~ TO ~D~kBLN ~T&FF TO FROV~DI FURTHXR ANALYSIS Administrative Services Administrator Ochs announced that the Tentative 1994 Budget for group medical benefits contains a $9.8 million appropriation to cover the projected cost of claims for the period beginning October 1, 1993 and ending September 30, 1994. He recalled that during the preliminary review of this budget the Board directed staff to look for ways to reduce this expenditure and report back with recommendations prior to the final budget adoption. Mr. Ochs stated that staff ts recommending that the Tentative FY 94 budget for claims payment be reduced by approximately $800,000. He reported that this would reduce the Board's premium contribution level from $241 per month to $222 per month for single coverage and from $518 per month to $471 per month for family coverage. Mr. Ochs explained that the recommended cost reductions would be obtained by changing various deductibles, co-payments and/or out of pocket expense /imitations, tn addition to reducing a number of speci- fic benefits tn the current benefit plan. He remarked that some reductions would be obtained by Increased contributions from employees for the cost of dependent coverage. Mr. Ochs related that tn addition to the plane design changes, staff ha~ been working to add a managed health care component to the benefit plan tn hopes of further reducing costs. He advised that managed care ts a plan under which an employer negotiates fee discounts from a group of providers tn exchange for guaranteeing those providers a certain volume of patients. He remarked that staff has received conceptual proposals from two firms to put these managed care programs tn place. Mr. Oche suggested that staff solicit some specific managed care proposals from the Interested providers during the next few months and present same to the Board prior to implementing a program on January Page 12 September 14, 1993 1, 1994. Commissioner Constantine stated that he strongly recommends pursuing the managed care effort. Commissioner Saundere remarked that last year employees received a $?80 payment in lieu of a raise and 3~ ts budgeted for this year. He indicated that the source of the $800,000 savings ia from the employees. He noted that the employees will be seeing their paychecks shrink significantly, considering inflation and the increase in medi- cal costs being passed on to them. He suggested that staff perform an analysis on the average employee as to the net affect of the take-home pay. In response to Commissioner Constantine, Mr. Oche reported that the county is shadowing what other group medical providers are doing in terms of looking at managed care alternatives. Mr. Oche stated that staff ts looking at plan design changes which would be imposed on all participants in the plan tn addition to giving employees the choice of three benefit levels, each with a different deductible, out-of-pocket expense limitation or co-payment level. In answer to Commissioner Volpe, Mr. Ochs advised that the School Board and the City of Naples are experiencing the same types of problems as those of the County. Commissioner Volpe suggested that staff explore with some of the larger employers within the County, I.e. Florida Power and Light, United Telephone and some of the banks, whether there is the potential to bring the governnent employees under one u~brella. Mr. Brad Eetes spoke with regard to this item. Tape ~2 Commissioner Matthews remarked that the plan includes single as well aa family coverage and questioned whether any thought has been given to coverage for two adults only. Mr. Ochs replied that this has been preliminarily considered and will be further explored during the coming plan year. He noted that 62~ of the claims have been coming from the employees rather than their dependents. Page September 14, 1993 Commissioner Matthews questioned whether staff has looked at Incen- tives to not use the plan, i.e. Wellness Programs, and monetary incen- tives for those who are well. Mr. Oche replied that staff did look at a Wellness component a few months ago, however, it did not meat with Board approval. Ha reported that staff ts looking at various ways to restructure a program of that type in addition to changing some of the current benefits to provide disincentives for people who ars impro- perly or overly utilizing the plan. Co~liseionsr Volpe ~oved, seconded by Comlislionlr Norrim ~ c~r~ed unanimously, to continue this ttea for one week tn orde~ for staff t~ pr~tde a ~rther ~alyele with re~d to ~ increue in the d~ctAble ~d ~ Ancre~e in the e~l~ee contrl~tion ~ th~ relate to ~ 3~ ~n~e~e of e~l~ee ese ~~: ~0:40 A.M. - Reconvened: XI:00 A.M. at ~ioh ~grdA~ Secret~ ~An replaced ~ Clerk Hoff~ ~SOL~ION 93-37S A~ORIZIN~ ISSU~CE OF SPECI~ ~SES~ ~ ~R ~ PI~ RI~E I~US~I~ P~ ~ N~LES PRODUCTION P~ ~'S ~ Finance Director Yonkosky requested the Board authorize the issuance of $17,335,000 in Special Assessment Bonds for the Pine Ridge Industrial Park and Naples production Park MSTBU's. Marc Samet, Collier County Financial Advisor, briefed the Board on the Pricing Book, which ts meant to be a summary of this financing. He noted the Effective Interest Cost (EIC) on this financing, which has a final maturing tn the year 2013, is 5.60 percent. He advised the paying agent, First Union National Bank, was selected as the result of competitive bids. Commissioner Volpe questioned if the proceeds from the sale of these bonds will serve to repay, the line of credit with SunBank, to which Mr. Samet responded in the affirmative. Attorney John Stokes with Nabors, Gtbltn & Ntckerson, bond counsel to the Board, asked the Board to adopt the authorizing resolution 60 Page September 14, 1993 setting out the terms of the transaction; and adopt the award resolu- tton along with the Bond Purchase Agreement and the Preliminary Official Statement sett/ng out the final terms and details. C~immioner Volpe moved, seconded by Commies/omar lorr/m and carried unamlmmu~ly, to adopt Resolution 93-3?3 authorizing the ie~u~mce of S~ecial Aeeeemnt Bond~ for the Fins Ridge lndu~tria! Park ~nd Naples l~roductlon Park NSTBU's. Co~imsioner Volpe moved, seconded by Co--temloner Norrim and carried unant~musly, to adopt Resolution 93-3?4 approving the award and tB~ Bond Purchase Agreement. Co~/~ioner Norris moved, seconded by Co~a/aaioner Matthe~ and carried unan~m~ly, to approve payment An the a~ount of 815,000 to the rat/ng agency, Standard & Foot's; $4,200 to First Union National Bank as the registrar/paying agent; ~nd $13,500 to Allied Printing Co~n~ for printing the Off/c/al State~ent and the bond~. Page 15 September 14~ 1993 (?¢6) REquEsT TO APPROVE CONSTRUCTION OF A HELICOPTER KA~ilARAIFD KXECUT~ A WORK ORDKR UNDKR THE AGREEMKNT FOR PROFESSIONAL SKNVXCES WXTH LATAVXSH D~SNKY & AS$OCXATES ARCHITECTS FOR DESX(IN O~ THE STRUCTURE - APPROVED XN THE AMOUNT OF 045,000 Diane Flagg, Education Quality Control Manager for Emergency Services, summarized the history of this item, which was continued from the previous regular meeting in order to explore any poasible hangar site alternatives. Responding to Commissioner Volpe, Commissioner Constantine reported there have been no new developments since the last meeting. Commissioner Volpe pointed out a lease for space at the Naples Airport has not yet been approved by the Board of County Commissioners. Ms. Flagg advised Staff has received a letter of commitment from the Naples Airport Authority for the south quadrant of the airport, and upon approval of the monies for design, Staff can begin nego- tiating the lease. Commissioner Volpe said he understands the importance of encum- bering the $45,000 tn State funds now or they will not be available next year; however, the County does not seem to be in a very good bargaining position with the Naples Airport Authority. Ms. Flagg explained the Airport Authority has provided an attach- ment to their letter of commitment, where they will agree to a 40-year lease term at 10 cents per square foot. She said that is substan- tially less than what the County is presently paying, which ts 63 cents per square foot. In answer to Commissioner Volpe, Ms. Flagg stated the Naples Airport Authority has given the County an additional 10 years to their normal lease term. She said at the end of the 40 years, the constructed improvements will be owned by the Authority, however, that can be discussed when the lease is brought back to the Board. Commissioner Constantine asked if the County receives the State 000,A 240 Page September 14o 1993 funds and does not proceed with the project at the Naples Airport, can those funds be returned to the State? Ms. Flagg reported the State does not require the funds to be returned, and they can be used for the same purpose at ~nothsr site. ~ui~ner VoZpe ~oved, seconded b~ Co~iesioner Norris ~nd carriedu~ni~u~Zy, to approve construction of a helicopter h~n~ and ~ath~rize the Chairman to execute · work order under the agTee~ent for profualonal ~ervices with Latavish Dian~F & Asaociate~ Architects for design of the structure, in the a~unt of $45,000. Page September 14, 1993 (1012) REC0~B~I:END&T'rON THAT THE BOARD APPROVE THE MAN&GERtS CAP?TAL PRO3~CTS CONSOLI*D&TZON PLAN - CONTINUED '1'0 9/21/93 Tom Conrecode, Capita/ Projects Director, presented the Board with an organizational chart of the proposed Capital Projects Consolidation Plan. He said this plan began tn December, 1992, with the goal to determine the most cost-effective approach for the County tn comp/sting capital projects. He indicated the plan takes into con- stderatton a total of 57 positions that were residing tn six different departments and forming them Into one Capital Projects organization with a staff of 46. He noted the plan eliminates eight existing posi- tions, creates two position upgrades and 14 position downgrades. Responding to Commissioner Constantine, Mr. Conrecoda stated the eight positions planned for elimination are currently vacant. Commissioner Matthews asked what ts the approved salary range for those eight positions? Mr. Conrecode Informed those positions range from $35,000 to $55,000. Commissioner Matthews commented those positions could be elimi- nated from the budget now because they are vacant, and the associated monies can be saved without this reorganization. Commissioner Constantine remarked he ts annoyed that thte plan ts worded to Indicate an annual savings of $320,000, which ia not true. Commissioner Volpe agreed, but suggested another Important point is whether this ts a better way of doing business. Mr. Conrecode referred to a chart explaining the fluctuations In workload and concluded the benefit of the new plan ts better manage- ment of the workload. County Manager Dorrtll stated the Board has intended to attempt consolidating functional areas with the rationale that there are pri- marily four different departments responsible to build capital Impro- vements. Increasingly, he said, he wants to be able to cross train Page 18 September 14, 1993 and utilize common positions for a variety of projects. He said tn has opinion, the most significant benefit is to be able to utilize all of the engineering talent within the County. He added they are also trying to eliminate or downgrade certain positions in administration rather than have four department engineering directors. Commissioner Constantine stated although he supports the concept, he will not support this plan until he has received a cost analysis and how that analysis has lead to this reorganization. Commissioner Volpe agreed. Commissioner Matthews asked that more information be provided on how this department will function and interact with the departments from which the engineers will be pulled who will have ultimate respon- sibility for managing and maintaining what the engineers do. She also requested to see a plan on how to retain the employees currently in the X4 positions proposed to be downgraded. County Manager Dorrill suggested this item be continued to allow him to return with the following information: a written Staffing plan by project; the difference between the private costs for the design versus the estimated costs; reconcile the minimum versus the maximum staffing plan; the difference between the dollar amount savings through position downgrades as proposed to the position eliminations or positions to be frozen; and the Impact on the annual budget. The following person spoke at this time: Rita Avalos Responding to County Manager Dorrill, MAke McNees reported a set of wholesale budget amendments will be necessary for this Issue for the new fiscal year. He said there ts not sufficient time for the types of changes that will be necessary to be built into the budget to be adopted on September 22. C~AuA~er Constantine m~ved, seconded by CommImmionerNattheses and ~ied u~ani~ov~ly, to continue this item to the ~ting of (S28o) Page 19 September 14, 1993 93-379 REAPPOI~ING V~ AU)~ MILL~ TO TH~ ~ARD OF ~3U~FI~NT~ANDAPFEALS-ADOPTED Page 20 September 14, 1993 RESOLUTION 9S-see ~tPPOINTING SCOTT W. MCGAUGHEY TO T~E PUBLIC VEHICL~ ADVI~ CO~ITTEE - ADOPTED ~ieei~ner Constantine ~oved, seconded by Couieeloner Volpe carriedu~ani~usly, to reappoint Scott W. NcGaugheF to the Public Vehicle Advisory Co~ittee, thereby adopting Resolution 93-380. Page 21 September 14, 1993 DZ~CU~BXOM REGARDXMO SEVEN MEMBER BOARD OF COUNTY ACT'rOM Commissioner Saunders asked the Board to consider a discussion on whether to begin the process of evaluating what the potential benefits would be, versus the negatives, of a seven member Board of County Commissioners. Commissioner Constantine communicated this subject was discussed at length last year by the Republican Executive Committee. He indi- cated the general opinion was that more government is not usually better government, and stated he does not believe it is a good idea. Commissioner Volpe suggested this topic be discussed during a strategic planning session of the Board. Tapm~3 Commissioner Matthews stated she te not in favor of a seven member Board of County Commissioners. She stated It is extremely probable that the two at-large commissioners would be elected from the urban area, creating a majority of the Board in one area. Commissioner Norris remarked there ts also the possibility of three Commissioners being elected from one District. He said he does not see the benefit and has several concerns. The fo/lowing people spoke regarding this item: George Keller Dorothy Fitch Commissioner Saunders stated he will not pursue this subject un/ess there is a desire to schedule a discussion during a strategic planning session. He agreed to meet with the County Manager to sche- dule a meeting for strategic planning. (420) Xtm~lOD DISCUSSION R~LRDING COUNTY COI~ISSXON MEETING SCII~DULZ - ZO ACTION Commissioner Saunders suggested the Board cons/der rev/sing the current meeting schedule to hear all administrative Items on Tuesday Page 22 September 14, 1993 and schedule the zoning items on Wednesday, and that the meetings take place either the first and third or second and fourth weeks of the month. He sa~d in that way, the Board is meeting the same number of times and the result will be a more efficient utilization of Staff time and would be more accommodating to the public. Commissioner Constantine agreed it is a good suggestion to address this subject, however, he does not agree with this proposal. Commissioner Volpe stated the Board has done a better Job in terms of controlling the agenda, however, there te room for Improvement. He suggested that presentations during the public hearings be limited to a specified time. Commissioner Norris agreed, adding the Governor and Cabinet l~mit presentations to 15 minutes. Commissioner Matthews recalled the Board discussed l~miting t~me for the public petitions earlier in the year and It was decided that a 10-minute time limit be set. She said that has never been acted upon, adding that two lmublic petitions heard at the last meeting lasted 2.5 hours. She also noted that many times, the petitioner Is followed by several public speakers as if the discussion is taking place during an advertised public hearing. County Manager Dorrill reported certain items have been brought up as public petitions several times, such as Lely Barefoot Beach four times, and four or five public petitions for the Pine Ridge traffic related issues. Commissioner Matthews asked if the topics of public petitions can be limited to being heard not more than once every six months or one year? County Attorney Cu¥1er reported after allowing the petitioner l0 minutes for his presentation, the Board may take a vote on whether or not to hear the item again. Commissioner Matthews commented that she likes Commissioner Saunders' idea of scheduling two meetings in one week, providing the agenda is received in sufficient time for proper review. Page 23 September 140 1993 Commissioner Norris agreed the concept may work, however, stated he is in favor of meeting every Tuesday and Wednesday. In response to Commissioner Saundere, County Manager Dorrill com- municated hie primary concern is waiting two weeks for the Board to hear some items which cannot wait. For example, he said, two sub- division utility acceptance matters were added to this agenda because they could not wait one week. Ne said that type of schedule will result in a long list of add-on items for the administrative meetings which puts Staff in a difficult position, because the public has not received prior notice of what will be discussed. No ~ctionwas taken on this item. (982) DI~OI~IO~ I~(IARDI]i DISCIPLINARY &CTIOI PROOEDURE$ - OONTINUED Commissioner Saundere stated he has recently reviewed the County's disciplinary procedures and for an entire list of exempt classifica- tions, mostly Department Directors and Administrators, those employees have no rights at all In terms of their employment. He said they are employed at will, which means they have no appeal process. He remarked the recent action with Robert Demareet has pointed to the fact that possibly, there are not enough due process rights for those exempt employees. He suggested the Board review those personnel poli- cies and enhance the right of employees to have some kind of an admi- nistrative hearing. He asked the Board to consider a workshop on this Issue. Commissioner Norris stated his hesitation to have the Board directly involved and that employees should look to their standard legal process if they feel their rights have been violated. Commissioner Saunders reminded Commissioner Norris that certain exempt employees have no rights because they are employed at will. He said Collier County has many very qualified employees who need some protection. Commissioner Volpe questioned what are the policies of other local ,oo 0(]0 256 Page 24 Septenber 14, 1993 government entities? County Manager Dorrill asserted in the 6.5 years he has been County Manager° three non-exempt employees have been requested for their resignations, and no one has been terminated. He said he ie against creating a civil service system because, although it creates rights that otherwise do not exist, emotional issues become political decisions when other factors come into play. He indicated he ts not opposed to providing the Board with additional information on various alternatives being used in other governments. It ~ th~ conmenmus to continue this Item for two or three ~k~. (1508) Zte~OF DI$CU~IO~tItDI~G NANAaEI~NT RECRUITI~q~T - NO &CTION Commissioner Saunders communicated as he was reviewing the Personnel Rules and giving thought to some issues raised by the action tn reference to Robert Demarest, he became concerned with whether there is sufficient equal opportunity for women and minorities tn senior management positions in Collier County. He referred to a list of the department heads and division administrators, stating of approximately 40 positions, three are fi/led with white females and the rest are fi/led with white males. (Copy not provided to the Clerk to the Board.) He suggested a quota system ie unacceptable to him, however, local government needs to be reflective of the population being represented. He commented the Board must be mindful of federal anti-discrimination laws and regulations, and needs to begin a dialo- gue on this issue. Commissioner Volpe asked if the issue of minority recruitment has been addressed? Tom Whitecotton, Human Resources Director, reported they have made great efforts in that area, but acknowledged not to the level where the County needs to be. He communicated to date this year, 16 percent of all hires have been minority employees. With regard to ~nternal promotions, he said, approximately 33 percent of all positions are Page 25 September 14, 1993 filled internally, and of that percentage, 33 percent are female. Co.missioner Matthews pointed out those promotions are not upper management positions, to which Mr. ~hitecotton agreed. Commissioner Saunders reiterated hie concern, stating if the Board does not take a serious look at this problem, someone else will. Commissioner Volpe agreed that the Board should tame a positive and proactive approach as part of recruitment that the protected classes have opportunities within the management of Collier County government. In response to Commissioner Constantine, County Manager Dorrtll stated of the upper management positions on the list he provided to Commissioner Saunders, very few have been vacant since 1987. Commissioner Saunders disagreed, describing a large number of those positions and naming the employees who have been hired Into them since 1987. County Manager Dorrill commented an important point to remember ts whether there are eligible female and minority applicants available at the time of recruitment. He stated overall, they have made outstanding progress. Commissioner Norris agreed that a critical point is no one knows if qualified people applied for those positions. He suggested tn the future that Information should be contained in the personnel file when either a hire or a promotion takes place. He said in that way, during future discussions, it can be said definitively why the positions were filled with a certain class of human being. Commissioner Matthews communicated that currently, County govern- ment is doing nothing to identify latent management potential. She stated it is her belief that the County, as an employer, is being the training ground for many people that private industry will eventually enjoy. Commissioner Constantine agreed with Commissioner Norris that a tracking mechanism should be established so that this type of Infor- mation ie available in the future. Page 26 September 14, 1993 County Manager Dorrtll suggested as a starting point, that he share with the Board the management Information being produced and some of the outreach activities being utilized by Mr. Whttecotton; and If that needs to be built upon, that this issue be discussed at another Board meeting. No ~cttonwas taken on this tte~. (2291) Item,lO~ DISCU~IO~ItE~JkRDING TOWN HALL MEETING DATES IN I~OKAL~ - TO B~ $CR~I~OZ~DO~ 1/6 OR 1/13/94 Commissioner Matthews communicated the Chamber of Commerce tn lmmokalee 18 interested in scheduling a Town Hall meeting and has offered either Sanuary 6 or January 13, 1994. It w~m the consensus that Cowmtestoner Natthews will schedule the ~tLng and infor~ the Board of County Coutsstonere. see Derpu~y Clerk Hoff~an replaced Recording Secretax-yGuevin at thtm time (2380) O]~IL1/Cl 03-62 JU(~3~)~N~S T0 ¢0LL]~'~ coo-]n~ CONS~C~]ON CODE $OCZITT OF Cl-t~L ~]IGI]r~:]~ STJ3/D~ (XSCl-?) TO C(31(I~¥ N]:TE STATE l~q~J:~N'[1 ]FOR E1R~R]CA3~ ~$]STANT CONS~OCT]ON - Legal notice having been published In the Naples Daily News on August 25, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Community Development Services Administrator Brutt announced that the Construction Code presented has gone through numerous hours of evaluation by the construction Industry. He called attention to two changes to the ordinance: Ordinance Title amended to include "...Construction methods for one and two family dwellings'...= and a change to Page 9 of the Ordinance, with regard to the thickness of exterior plywood or oriented strand board. Mr. Pat Corneltson, Florida Home Builders Code Committee Chairman, provided a brief overview of highlights of the Code changes as shown 259 Page 27 September 14, 1993 tn a elide presentation. Commissioner Volpe questioned whether the industry has concluded what the additional costs would be in terms of construction to comply with these standards. Mr. Corneltson replied that there would be a cost tncrease of approximately $4,000 on a $87,000 home. Mr. Corneltson explained that requirements for manufactured homes are covered by a separate State Statute, however, by the end of this year, they may be required to comply with the same ASCE-7 requirement. CommtssLoner Constantine remarked that a recent analys~s relative to mortgages that had been applied for tn Golden Gate for homes of $100,000 and less Indicates that 24.7~ of the people would have failed tn their effort to obtaLn a loan with a $1,500 addition. He cited that & $4,000 Increase would effectively put a number of people out of the ability to buy their own home. Mr. Whit Ward spoke with regard to this Item. Co,missioner Norris requested clarification relative to re-roofing a home. Mr. Cornel~son advised if part of a roof needed to be re-shingled, all the shingles would have to be replaced to meet the new require- ments. He noted ~f large sections of plywood needed replacement, all the plywood would need to be replaced to meet the current standards. There were no other speakers. Commissioner Volpe moved, seconded by Co~aiseloneF NOZTla ~ carried 4/1 (Co, missioner Constantine opposed), that Ordinance 93-62 be adopted wtth changes and entered Into Ordinance Book No. 63. ZtemeZ2BZ 0RDZXAII~3~ 93-~3 P~ I~ZTZON PITD-76-31(14), SUS&R II~'BZTdM&T"L~ OF ORD~ 77-18, AS A)~NDKD ~ PELZC&R BAY I:q:TD - ADOI:F2'ZD Legal not/ce having been published in the Naples Daily News on August 25, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Ntno stated that the purpose of this petition ia to Page 28 September 14, 1993 definitively describe in an amendment to the PUD Document, the commit- ments to be made by Westinghouse relative to the amount of land to be set aside for neighborhood park purposes and for the community park. Hr. Nine advised that the current Development Order required the dedication of 20 acres of land for neighborhood park purposes and 20 acres of land for com~unit¥ park purposes. He Indicated that the PUD Document states that certain Improvements are to be made in the neighborhood park areas, namely, provisions for a soccer/softball field. Nr. Nine remarked that no provisions were made in the current Development Order for improvements to the community park. He explained that this amendment Increases the amount of land to be allo- cated for neighborhood purposes from 20 acres to 39 acres. Additionally, this amendment defines a host of Improvements to the community park. Mr. Nine reported that the Collier County Planning Commission una- nimously recommends adoption of the amendment. Mr. Nine related that no communication, either for or against this petition has been received. Commissioner Volpe recalled that there ts a shortfall of approxi- mately $600,000 tn the Parks and Recreation Element which would have to be made up from General Fund monies tn order to meet the deficien- cies. He questioned whether some type of credit could be obtained for the improvements that are being made to reduce the deficiency. County Attorney Cuyler advised that hie office will look Into this matter. The following persons spoke with regard to this Item: Claire Hanson Bernon Young Jim McMurphy There were no other speakers. carr~edunan~ousl¥, that Ordinance 93-63 be adopted and entered O~d~c~ Book No. 63. Page 29 September 24, 2993 Tape PrfITIO~ P~D-O3-7, THOMAS K. KILLEN REPRESENTINO JAEOB AND BIROZTT~ HOF~FrFT~R, RE~UESTIN0 ~ZONINO APPROVAL FROM RSF-1 TO & 0N~ AND T~O FAMILT I~IDENTIAL PUD TO BE ~NOMN AS SUNSHINE VILLAOE, LOCATED ON AIIO~T-FOLLIN~ ROAD, SOUTH OF 0RANGE BLOSSOM DRIVE - CONTINUED Legal notice having been published in the Naples Daily News on August 25, 1993, as evidenced by Affidavit of Pub//cation filed with the Clerk, public hearing was opened. Planner Saadeh announced that this petitioner proposes to rezone the subject property from RSF-1 to PUD, to allow the construction of one and two family residential dwelling units with a clubhouse and related amenities oriented around a lake. He noted that the original submittal reflected 33 dwelling units to be constructed on a 6.15 acre parcel with a maximum overall density of 5.37 units per acre. Mr. Saadeh recalled that the Collier County Planning Commission reviewed thia petition on August 19, 1993 and by a vote of 4/3 recom- mended denial. He remarked that four persons spoke in opposition and one person spoke in favor of the proposed petition. Mr. Saadeh explained that staff received one letter of opposition from the residents on Yarberry Lane and Anthony Court. Mr. Saadeh pointed out that the original submittal of 5.3? dwelling units per acre was not, in staff's opinion, compatible with the surrounding area and did not qualify for residential tnfill. Mr. Saadeh revealed on August 30, 1993, the petitioner submitted a new PUD document reflecting a maximum density of 3 dwelling units per acre as opposed to the 6 dwelling units per acre, as originally sub- mitted. He noted that Current Planning staff has reviewed the revised PUD Document, however, the typical review process involves m number of staff but they have not seen the new proposal. In response to Commissioner Saunders, Planner Smadeh stated that the Planning Commission has not reviewed the new submittal. County Attorney Cuyler advised that his office has not made a legal review of the proposed document. Additionally, he remarked that Page 30 September 14, 1993 this petition needs to be reviewed by the Planning Commission. A discussion ensued as to whether further review by the Planning Commission is required since there is a reduction in density and whether this petition needs to be readverttsed. ~tnioner Constantine ~ov~d, seconded by ¢ouimmioner Norris nd cazT,J, ed un~nimly, that Petition PUD-93-7 be conttnue~ (46s) RKS0LUT/OJ[ 93-$~1, RE FFFITION &V-9:3-011, DON r. USK, &S &GENT r01q ONNER, 3id4~S E. CULLEY, REQUESTING VACATION OF A PORTION OF & FIVE FOOT I~tAINAG~ AND UTILITY EASEMENT LOCATED ON r. OT 8, BLOCE & OF THE FLAT OF &UIKIBON COUNTRY CLUB UNIT ONE - ADOPTED Legal notice having been published la the Naples Daily News on August 29, 1993, and September 5, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Transportation Services Administrator Archibald stated that this Item Is a request to consider the vacation of a portion of a five foot drainage and utility easement located on Lot 8, Block A of Audubon Country Club. He Indicated that the owner of record desires the vaca- tion of a sldeyard drainage easement for the purposes of allowing an existing wall to remain. Mr. Archibald advised that Letters of No Objection have been received from all pertinent utility companies. He Indicated that staff recommends approval of this request. Mr. Don Just, representing the petitioner, stated that the adja- cent property Is owned by Audubon of Naples which he also represents and they do not object to the requested vacation. There were no other speakers. Commissioner Saunders announced that the public hearing is closed. Commioolons~ Volpe ~oved, seconded by Commisstons~ Nor'FiB ~nd cm~Tte~nt~&m~l¥, to approve Petition AV-93-011 mmd that Resolution 93-381 be adopted. Page 31 September 14, 1993 (880) X~e~ d~A 2C2 R,KSOLUTZON 93-382, RK PETITION AV-93-008, P~ VACATZON OF A PORTION OF A 60 FOOT ROAD RZtlHT-0F-#AY P~D ~ ~CO A~ ~A ~~ OF ~ ~ ~A~ 0N ~ ~ED ~T 0F COLLI~ CZ~ - ~~ Legal notice having been published tn the Naples Daily News on August 29, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Transportation Services Administrator Archibald stated that this petition is a request to vacate a portion of a 60 foot right-of-way and a portion of a 20 foot alley way as part of the Collier City plat that occurred in 1927. He indicated that this t8 a vacation to clear title. He reported that the subject location ~s at the end of Palm Street and Ed~ngton Place, on Marco Island. Mr. Archibald advised that the appropriate Letters of No Objection have been received. Mr. Archibald revealed that staff is recommending approval of the requested vacation. There were no speakers. Commissioner Saunders closed the public hearing. Commimsioner Norris moved, seconded by Commissioner MatthM and carried unanimously, ~ha~ Petition AV-93-008 be approved, thereby ~dopt~n~Re~olution 93-382. 267 Page 32 September 24, ~993 I~SOLUTI~I~ 95-383, IrE PETITION AV-93-015, RE VACATZON OF & PORTZOM OF & TE~ FO~T D~AXNA~ EASEMEI~ LOCATED ON A PONTXON OF LOT 5, BLOCK OF TI~ FL~tT OF ~ARD~ UNIT ONE - ADOPTED Legal notice having been published tn the Naples Daily News on August 29, 1993, and September 5, 1993, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened. Transportation Services Administrator Archibald indicated that this item involves a single family lot in the Vineyards. He explained that the petitioner has a future building plan which would impact an easement line. He noted that the petitioner ts requesting that 2.5 feet of a l0 foot drainage easement be vacated to allow the t~lding foot print to occur without encroaching on the easement. Mr. Archibald affirmed that staff has received the appropriate Letters of No Objection. He noted that staff is recommending approval of this request. There were no speakers. Commissioner Saunders closed the public hearing. C~t~oner Natthew~ ~ove~, seconde~ by Co~sat~ne~ NozT~s ~nd carrie~/~m~l¥, to approve Petition AV-93-0~5 and that Re~olut~on es-sas ben. pred. Page SS September 14, 1993 (713) RESOLUTION 93-384, RE AV-93-003 TO VACATE DRAINAGE EA~MINTS AND LAI~ PARCEL DRAINASE EASEM~NT LOCATED ON A PORTION OF THE PLAT OF TOLLGATE Legal notice having been published in the Naples Dally News on August 29, 1993, and September 5, 1993, as evidenced by Affidavit of Publication fl/ed with the Clerk, public hearing was opened. Transportation Services Administrator Archibald explained that this Item is a request to vacate some drainage easements tn addition to a large drainage lake and relocate the drainage in accordance with approved permits from the South Florida Water Management District. Mr. Archibald stated that the location of the property ts at the Northeast corner of CR-95! and Davis Boulevard. Ne affirmed that the vacation would allow the lake to be filled tn, provide a better building plan for the vacant property and take advantage of the drainage system that has been approved In a subsequent phase. Mr. Archibald advised that the Transportation Division does not object to this request, and Letters of No Objection have been received from Project Review and the Property Owners Association. He noted that concerns have been expressed by an adjacent property owner. Commissioner Volpe noted that it appears that the vacation, if approved, would create another building lot within the Tollgate PUD. He questioned whether anyone has looked at the amount of commercial and Industrial square footage permitted within the Tollgate DRI and the impact that the vacation of the easement would have on overall building requirements or limitations within the DRI. Mr. Archibald advised that if the vacation ts approved, it would create land that could be developed or incorporated Into any of the adjacent four lots. With regards to changes tn the PUD from a commer- cial useage standpoint, he reported that no changes would result from this action on the existing PUD. He revealed if the PUD ts not being changed, the Intensity of rights would not be changed. Attorney Jeffrey Kannensohn stated that he represents Naples Super 000 , 278 Page 34 September i4, 1993 Eight Partnership, owner of Parcel Two which Is located immediately to the North of the lake parcel. He voiced his client's strong objection to the petitioner's request to vacate the lake parcel drainage ease- sent. Mr. Kannensohn explained in 1989 Naples Super Eight Partnership purchased from the developer, Parcel Two In the Tollgate PUD with the expressed purpose of furnishing a site for the construction of a 120 room Super Eight Motel. He advised that Parcel T~o had the most remote location from the main public access road but this negative factor was mitigated substantially by the fact that the lake parcel was to be dedicated to the County for drainage purposes. He Indicated that his client was lead to believe that the parcel would have assured visibility to the public roadway as well as substantial open space next to that parcel. see Cos~atsstoner Volpe left the room at this ti~a~ ''' Mr. Xannensohn stated that the requested vacation will result in a potential windfall to the developer. He requested denial of this peti- tion. Attorney Ltnda Brinkman, representing Tollgate Commercial Center, pointed out when the Super Eight Motel took title to the property, they took title to the recorded deed restrictions. She explained that the deed restrictions included a specific reservation on the part of the developer Indicating that he could relocate water retention areas and drainage easements without any Joinder from other property owners. There were no other speakers. Co~edeeloner Norris queatione~ whether the lake ha~ been filled in, to~tch Nr. ~rchibald replied that he b~lievea that It hal b~n. He indicated that a lot of site work has been done and Phase Three has been co~plsted relative to the drainage. In re~ponoe to Commissioner Saundere, Mr. Archibald stated that the e~ee~ent Is not necessary for drainage purposes and it is not nee~e~ £r~aan access standpoint. ~eelo~er Constantine loved, seconded bT' Commissioner Saunderl 279 3epte~be~ 24, 1993 and ca.rind 4/0 (Coca,earshot Volpe out), to approve Potition AV-93-003 on the basle that there is no l~pact on access o~ does not a~vemly affect ownership, and that Resolution 93-384 be adopted. ~00~ Page 36 September 24, 2993 (1638) Iq~SOLUT~OM ~3-385, RE PKTTTXON AV-93-024 TO VACATI A PORTION OF TllE FLAT Or LKLY RI~ORT PHASE ONE. COMPANION ITEM FINAL APPROVAL FOR NEC0J~D~Ng 01P THE FLAT OF CKLKSTK DRI~;K RKFLAT - ADOPTKD Legal notice having been published tn the Naples Daily News on Augvst 29, 2993, and September 5, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Transportation Services Administrator Archibald reported that this item Involves a replacement easement for a platted area being tn place. He noted that this ts a companion Item. Mr. Archibald advised that staff ts recommendAng approval of thAs request. There were no speakers. Coum~o~Aoner Norrim moved, seconded by CouuAsaAonerMatthew8 end ca.r'ri.ed 4/0 (COmmJ. lliOner Vo2];~ out), to approve P~titAon AV-93-024 amd that ]termolGl:~on 93-385 be adopted. Page 37 September 14, ~993 (1686) ORDT~ 93-64, R~FEALTNG AND REPLACING ORDINAJICE 82-91 AS &ME)FDHD BY ORDI]IAII~,'~K 89-26, RK A REVISED RIGHT-OF-MAY CONSTRUCTION STAIIDARDS HANDBOOK - ADOFTKD Legal notice having been published in the Naples Daily News on August 25, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Transportation Engineer Kant explained that the purpose of this Item is to repeal the Right-of-Way Ordinance. He Indicated that the proposed ordinance Involves all work within County rights-of-way and easements and is referred to as the County Right-of-Way Handbook. He noted that Item #12C7 ts a companion item relative to the fee sche- dule. Mr. Kant reported that Transportation Services Division has been Involved with the development of a capacity consatmption fee. He advised that this would be a fee which would represent delays to traf- fic, inconvenience to the general motoring public and loss of road capacity during construction. He Indicated that based on many discussions with staff and the County AttorneyS8 office, this fee has been discarded, for this revision, however, it will be brought up some time tn the future. Hr. Kant announced that incorporated into the ordinance are the following: elimination of the utility exemption; definitions that are more consistent with the Land Development Code; FDOT Standards; other State and National Standards; provisions for median landscapingl pro- visions of the Access Nanagement Policy; revised warrants for turn lanes; and permissible work hours to alleviate weekend complaints. · '' Commissioner Volpe returned at this tim ''' Mr. Kant stated that the Companion Resolution for the fees include three now categories: Jack-and-bore construction; open-cup construc- tion; and turn-lane or median construction. He noted that these types of construction have traditionally taken quite a blt of additional staff review and inspection time, He noted that these categories Page 38 September 14, 1993 never had a separate fee schedule and had been part of the 8100 permit application for right-of-way work. There were no speakers. Cosmlssioner Saunders announced that the public hearing is closed. C~tmion~ ~tthe~ ~ov~d, seconded ~ Co~immi~r No~is ~ c~i~ ~t~ly, to re~al ~d r~lace Ordl~ce 82-91 u ~ ~ ~~e O~2S ~d t~t Ordi~ce 93-64 ~ adopt~ ~ into ~/~ce ~k No. 63. Xt~X~7 RX~~Y - ~~ Legal notice having been published in the Naples Daily N~o on August 29, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Thio item was discussed in conjunction with Item #12C6. Oes~dmi~er $~unders announced that the public h~=tng lm clo~d. OommAeotonerMatthm moved, seconded by Contaeloner Norris and carried unaniBcmoly, to approve the per. it teem for work within the public right-of-way, and that Remolution 93-386 be adopted. h~ ~9 1993 #12¢9 0RD~ 98-65, ASSKSSTNG A $12,50 BURCHAROE fOR EACH MOVING TRAFFIC V~OL~TZON - Legal notice having been published in the Naples Dally News on August 25, 2993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. County Attorney Cuyler revealed that this Item relates to a Statutorily allowed surcharge for moving traffic violations. In answer to Conunissioner Constantine, County Attorney Cu¥1er advised that this surcharge is for whatever type of system the Board ultimately decides to fund, whether its a new system or a variation of the existing system. Mr. Sack Pointer spoke with regard to this item. Conuntsstoner Saunders announced that the public hearing Is closed. Comti~otoner Constantine loved, seconded by ContsliOner lor=tl ·nd c&rriedunant~ou~l¥, to approve the 022.50 Surcharge for each ~ovtngvlolation, and that Ordinance 93-65 b~ adopted ~nd entered Into Ord~c~ Book No. 63. ess Commissioner Conmtantine left the room at this tim see (2S~O) R~LUT~O~93-387, l~ PETITION RD-93-2, LYI~ SI~LL~0D~LLIN, l~f~l~ TED ~LqLL~OODtS STORE, INC., OFFICIALLY DKSI~TED~ R~ST0~L~C~Y SIGNIFICANT - ADOPTED Legal notice having been published in the Naples Daily News on August 29, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Planner Bellows reported that the Collier County Historic/Arch- aeological Preservation Board reviewed and considered Ted Smallwood's Store as a historically significant site and have forwarded this peti- tion to the Commission with a recommendation of approval. There were no speakers. Commissioner Saunders closed the public hearing. Page 40 Page 42 September 14, 1993 " ORD/KM~ 93-66 It~GULATING SWII~IlNG POOLS IN COLLIER COUJIT~ Legal not/ce having been published in the Naples Daily News on August 25, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Community Development Services Administrator Brutt advised that staff meets reffularly with the Col//er County Swimming Pool Association relative to the construction of swimming peele and swimming pool screens. He Indicated that the proposed ordinance is the result of those meetings. Mr. Brutt noted that the ordinance Includes modifications to the 1991 Edition of the Standard Swimming Pool Code published by the Southern Building Code Congress. He explained that staff is in con- currence with the recommendations as presented. In response to Commissioner Volpe, Mr. Brutt explained that the alarm system ts considered an optional Item. He pointed out that one particular alarm system ts activated the minute any wave action begins, i.e. if a child should fall into the water. He revealed because of the severe winds in Southwest Florida, alarm ~yatem8 would be going off day ~nd night and is therefore, an option to the indivi- dual. There were no speakers. Commissioner Saunders closed the public hearing. Co~/mloner Norris ~ov~d, seconded IT' ¢ontmslonerMatth~m and carried 4/0 (Commissioner Constant/ne out), that Ordinance 93-66 be adopted ~ entered Into Ordinance Book No. 63. *** Recessed= 3:55 P.M. - Reconvened= 4=05 P.#. at which time Recoz~tng Se~--retary Ouevin replaced Deput~ Clerk Hoffl&O2a, (29s,) R~SOLUTION 93-388 RE PETIT/ON CEX-045-SN/A, CLYDE C. QUINBT, TRUSTEE, APPEALING TR~ DENIAL OF A COMPATIBILITY ~XCEPTION APPT, ICATION FOR PROP~RTT LOCATED ON THE SOUTH SIDE OF DAVIS BOULEVARD AND 1,900 PEET WEST OF C.R. 951 - ADOPTED DENYING APPEAL AND STAFF TO REZON~ PR01~RTTN/TH CAP OF 10 D#ELLING UNITS PER ACRE ,o. 000 Page 42 September ~4, 1003 ~;i: of 11.5 to 12 dwelling un/to per acre. ,ooK 000 3'02 Legal not/ce having been published tn the Naples Daily News on August 29, 1993, as er/danced by Aff/dav/t of Publtcat/on f/led with the Clerk, public hear/ng was opened. Comm/sstoner Saunders noted the testtnony concerning Items #12C13, #12C14 and #12C15 w111 be heard /n conjunct/on with this item, Planner Dav/d Weeks explained these petitions are appeals to the determ/nat/on by the Growth Plann/ng D/rector that there ks no con- ststent zoning d/err/ct that can be placed on the subject properties that wcmld provide for uses that are compatible w/th the surrounding &rea. He stressed the first step tn these applications ks to deter- n/ne if there ks a zon/ng d/strict that to cons/stent w/th the Growth Management Plan and if that determ/nat/on ks made, the appeal would be dented and the property rezoned to that consistent district. If not, he said, the appeal would be approved and the zon/ng would remaln the same or be changed to some other /ncons/stent zon/ng dlstr/ct so long as it would not permit a density or /ntenstty of use exceeding the average density or /ntenstt¥ of use on surrounding properties. In answer to Comm/ss/oner Volpe, Planner Wee~s replied it t8 Staffes posit/on that the burden ks on the property owner to demonstrate that the conclusion art/red at by the Growth Planning D/rector to not supported by substant/al, competent er/dance or that the dec/a/on was made contrary to the er/dance. Planner Weeks continued, stat/ng all ~our sub~ect properties are /n the South Naples Plann/ng Commun/t¥. He said combined, they total sl/ghtl¥ more than 63.5 acres of commercla! zoning and 70 acres of multt-fam/l¥ zon/ng. He reported Staffes recommendat/on ks to deny the appeal, having found there ts a cons/stent zoning district that allow~ for compatible uses on the sub~ect propert/es with the surrounding areas. He said the specific recommendation ks to rezone the properties to a mu/ti-family dtstrtct w/th a density of 8even ~ntts per acre. He Indicated the property owners have requested that the commercial zontng be converted to the max/mum residential density Page 43 ~eptember ~, 1993 In response to Commissioner Saunders. Planner Weeks replied that Staff concurs with the petttloner"s request. Answering Commissioner Norris, Planner Weeks explained the peti- tioner has the ability through the conversion of commercial provision to convert the commercial areas to a maximum of 16 dwelling unite per acre, and combined with the seven units per acre for the residential portions, the result will be approximately 11.5 to 12 units per ·cre when spread over the entire properties. TIps ~ In answer to Commissioner Matthews, Planner Weeks stated the peti- tioner has revised his position and is now willing to settle for less than originally requested. Commissioner Norris asked if the petitioner ts willing to settle for 10 units per acre, spread over all the properties7 After lengthy discussion pertaining to the possibility of adding other parcels not proposed for downzontng and not Included tn this request, Attorney Bruce Anderson indicated the petitioner will agree to 10 units per acre and that the property involved will remain as presented at this hearing. r..,o~i~lm~er Norris ~:,ved, seconded by Co-.atestoner Volpe and C~Ti~ ~t~a~lF, to ·dopt Reeolutto~ 93-388 denying the ·ppeal and dlrectt~ Staff to initiate · rezone to · ~ulti-fnily zoning dist~t~t, ~tng seven units per acre for Petitions C~X-O45-SN/A, C~3[-04~-~1/A ~ C~3[-04?-SN/A; and ~warding m conversion of commercial zontl~ pr~vteton for all the co~mercial portion of the propez-ttee ~lp to 10 ~mlt. per acre. 303 Page 44 September 24, 1993 ~OI~FTIO~[ 93-39S ~ PETITION C~-046-SN/A, CLYDE ~~ ~~ ON ~ SO~ SIDE OF DA~S ~ ~ C.R. 952 - ~D D~NG ~~ ~ ST~ ~0~ ~ C~ OF 10 ~LLZNG ~ITS Legal notice having been published tn the Naples Daily News on August 29, 1993, aa evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Thio Item was heard tn conjunction with Item #12C12. Oe~t~ton~ Horrte ~oved, eecondedbyCos~iealone~Volpe and ~t~~ly, to ~opt Re~olutt~ 93-389 d~ng the dl~t~ St~f to initiate a rez~e to I ~ltt-f~lly z~ing die~tct, ~ ~ ~its ~r acre for Petttt~ ~ ~Lot~ for all the c~rc~al ~L~ of the ~rt/eo ~ to 10 uL~ ~ ~e. k 'ii. Page 45 September l~, Xgg3 Legal notice having been published tn the Naples Daily News on August 29, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. This item was heard in conjunction with Item #12C12. Co~ieeloner Norris ~oved, eeconded by Cc~atsstone~ Volpe ~nd c~i~~i~ly, to ~opt Reeolutt~ 93-390 denying the dl~lN St~f to Initiate a rez~e to a dt~t~, ~ding 8~n~its ~r acre for Petttt~ C~45-SN/A, ~-04~/A ~ ~-04T-SN/A; ~d ~rdlng z~i~ ~i~lon for all the co~rctal ~rtton of the pr~rtte~ up to 1O~ts ~r Page 46 September 24. 2093 ~OLUT/O~ 93-391 lt~ PETITION CEX-048-~R/A, CLYDE C. QUrEBT, ~, &PI~E~T,/~G ~ DK~/&L OF A CO~PATIBILIT~ EXCEPTION APPLICATIO~q:)R PROI~:R~T LOC&T~D SI T~E SOUT~ SIDE OF DAVIS BOULEVARD &~D 2 NILE ~ST OF C.R. 952 - ADOPTED D~IRG JLPPE&L; ARD STA~ TO REZORE PROPER/~E NIT]] C&P OF 10 D~LLING UNITS PER ACRE Lega! not/ce having been published tn the Naples Datly News on August 29, 1993, as evidenced by Affidavit of Publication f/led w/th the Clerk, public hearing was opened. Th/s item was heard in conjunct/on with Item #12C12. Comm/oolouo~ IOFFtS moved, seconded by Commleetone~ Vo2po c~ld~ly, to a~pt R~olutton 93-391 d~tng dl~~ Itdf to initiate a rez~e to a nltt-fntly di~i~, ~ding o~ ~its pr tore for Pttlti~ ~S-~/l, ~~/i ~ ~47-~/A; nd ~d/ng a c~ro/~ of c~rcial z~ ~oi~ for all the c~rc~al ~rtt~ of the to 10 ~t8 ~r 000 ,r, .308 Page 47 September 14, 1993 Legal not/ce having been published tn the Naples Daily News on August 29, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner David Weeks noted terms of agreement have been reached by the petitioner and Staff. He said Staff's initial recommendation was to deny the appeal and award the property a density of seven unite per acre because the entire parcel ts within a density band. He reported the property owner has requested the conversion of commercial provi- sion be utilized to achieve a slightly higher density. In this case, he said, the request will result tn 8.9 units per acre. He com- municated Staff has no objection, noting the end result ts the pro- posed zoning ts consistent with the Growth Management Plan and compatible with the surrounding area. Cosmt~io~er ~orria m:rved, oeconded by Co~tosioner Volpe m~d carz'te4~m~lmously, to adopt Resolution 93-392 denying the ~ppeal; And dtz~t/n~ Staff to rezone the property to tha RNF-12 zontn~ district with th~ current ·ultl-fa~tly port/on of the p~op~y to s~v~nunttm p~r acre and with the co~aerctal going to · conversion 1S units p~r ·cre, for an ~vera~ density on the anttra mira of d~lltn~untte p~r acre. 0{ 0 Page 48 September :14, :1993 (~12o) lt~OLUTION 03-393 RE PETITION CEX-038-GO/A, RICII~tD AARON, ~~ ~ ~NATION ~R D~I~ OF ~ C~ATIBILI~ ~Z~ ~~ ~ ~ C-1 ZONING DIS~ Legal notice having been published tn the Naples Daily News on August 29, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Weeks commvnlcated the property owners are requesting the existing C-2 zoning remain on the subject property, totaling 5 and one-half acres, which ts on the north side of Radio Road, adjacent to the Woodstde Lanes Bowling Alley. He said Staff has reached the deci- sion that the subject property could be rezoned to a consistent zoning district that would allow uses compatible with the surrounding area, and is recommending the property be rezoned to a multi-family district with a cap of seven units per acre. He acknowledged that through the conversion of commercial provision, a higher density could be achieved that would also be consistent with the Growth Hanagement Plan and Staff would not object to that higher density. Attorney Bruce Anderson, representing the petitioner, Indicated his client ts prepared to accept C-! zoning on this property. Responding to Commissioner Saunders, Planner Weeks stated C-1 zoning is not consistent with the Growth Management Plan. He detailed the surrounding area, concluding that multi-family zoning at seven unite per acre will not only be compatible, but will be consistent with the Growth Management Plan. Attorney Anderson noted the property owners representativea met with Transportation Staff and offered to dedicate right-of-way for the widening of Radio Road tn order to retain the existing zoning. He said they were advised that no additional right-of-way is needed on that aide of Radio Road. He reported the subject property consists of three platted blocks zoned C-2 commercial/convenience and lies at the convergence of arterial and collector roadways. He said the testimony Page 49 September 14, 1993 and exhibits will show the predominant land uses in the surrounding area are commercial in nature. He Indicated the general character of the surrounding area within 300 feet of the subject property is com- mercial of greater zoning intensity, C-3 and C-4 uses, than the ~ub- Ject property. He advised that a consistent district as recommended by Staff is not compatible with surrounding zoning and development. He noted Staff agrees that the existing zoning is compatible with the surrounding area. He referred to a report prepared by Mr. Richard Armalavage that concludes the property will be left with no minimum, beneficial, economically viable or marketable use tinder the downzontng proposed by Staff and, therefore, the recommended downzonlng would constitute a taking of property without Just compensation. Attorney Anderson asked the Board to recognize Alan Reynolds and Richard Armalavage as expert witnesses and that the exhibits contained the pre-hearing submittal be accepted into evidence. Commissioner Saunders acknowledged Messrs. Reynolds and Armalavage as expert witnesses and accepted the documents Into evidence. Co~tsstoner Volpe inquired if each individual 18,000 square foot lot could be developed commercially under current zoning, to which Attorney Anderson responded tn the affirmative. Attorney Anderson asked if the existing zoning is compatible with existing uses within 300 feet, to which Planner Weeks replied tn the affirmative. Attorney Anderson asked if the primary reason this property Is being proposed for downzoning is because it does not lie within an activity center where almost all new commercial zoning ia directed, to which Planner Weeks responded tn tho affirmative. Attorney Anderson asked if it is true that the Long Range Planning Staff has doubts about how well the activity center concept has worked, to which Planner Weeks agreed. Attorney Anderson asked why the nearest activity center, the Interchange activity center one-quarter mile away at 1-75, C.R. 951 and Davis Boulevard, was configured as it currently exists? 000 Page 50 September ~4, 1993 Planner Weeks Indicated it is his belief that decision was made to insure the inclusion of existing commercial zoning boundaries in the Interchange. In response to Attorney Anderson, Planner Weeks agreed that if the activity center was extended one mile to the west as was done to the north, the subject property would be Included in the activity center. He also admitted Collier County has not adopted a plan to amortize all existing commercial zoning outside activity centers. Coulostoner Saunders asked if C-1 zoning would be a fairly decent transition to the multi-family area behind thio property, to which Planner Weeks responded in the affirmative. Cemm/mlm~r ~orrta ~oved, seconded t~ Co~alooloner Cm~t~tlne · ~d c~r~t~du~amtmm~ly, to adopt Resolution 93-393 ~r~tin~ th~ ~ppe~l~ ~ndd/recttng Staff to rezone the property to the C-1 zoning dI~'rtct, Page 51 September 14, 1993 ('tOSO) BUDGETED VACANT POSITIONS Commissioner Constantine referred to the hiring freeze and ouggeeted that the Board remove from the budget thoee posttione that have been budgeted but not filled for a length of time, Ne noted 24 posit/one have been vacant for four months or more, ranging from October, 1990, until May, 1993. He said if a department has gone that long and operated efficiently without them, perhaps those positions are no longer necessary. County Manager Dorrtll communicated he ie not opposed to that action, but suggested there may be other positions within the organi- zation that are less important and currently filled, and asked for a few days to evaluate the situation. For example, he said, they have not been able to fill the Chief Plant Operator's position at the new North County Water Treatment Plant, possibly because the salary is too low; and there is a similar concern over the Solid Waste Director'a position which remains vacant. Commissioner Constantine proposed that a list be provided of the positions that have been vacant from May 15 or prior, with ~ustifica- tton for any exceptions to removing them from the budget. County Manager Dorrtll agreed to provide a list of those positions in advance of the final budget hearing on September 22. (2221) RKSOLDTION95-394 R~ PETITION CKX-026-GG/A, ROBKRT S, BARBER, TRUSTEE, AFFKALII~ THE D~NATION FOR DENIAL OF THE COMPATIBILITY EXCEPTION AFFLIC&TIOI~FOR PROPERTY LOCATED AT THE NORTHEAST CORI~ROFRADIO ROAD DIRKCTB~TO RFZONE PROPERTY TO C-1 Legal notice having been pub//shed in the Naples Dally News on August 29, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Weeks reported tn light of the decision made with regard to Petition CEX-03S-GG/A and assuming the applicant agrees, Staff has Page 52 September 24, 2993 no objection to thio property being rezoned to the C-1 zoning district. In response to Commissioner Saundere, P~anner Weeks stated the ~ubJect property ~e adjacent to the previously d~scussed property. c~rrid, u~mmly, to adopt Resolution 93-394 granting tho 8ndd~roct~ug Staff to rezone the propert~ to the C-1 zoning Page 53 September 14, 1993 (22~1) ~FLUTIO~ 93-395 [t~ F~TXTXON V-93-14, FI~I~CXS A. NUlqB~I~ F~FXNQ & FO~-F~FV~XI~ FRO~ TR~ lt~QUXR~D FRONT 360 ~AI~ FOOT ADDXTXOR TO ~ ~XXSTXNQ NOBXLK HOM~&T 105 ~tFL~ L~D-YACHT HARBOR - ~X)FTND Legal notice having been published in the Naples Daily News on August 29, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Planner Philip Scheff explained this Is a request for a four-foot variance in a mobile home zoning district. He reported the property o-drier desires to add onto an existing mobile home, however, the current front yard setback requirements result tn the need for a four- foot variance. He advised the Planning Commission reviewed this peti- tion on August 19 and recommended approval by unanimous vote, subject to the stipulations In the agreement sheet. In response to Commissioner Saunders, Planner Scheff reported Staff's recommendation to the Planning Commission was for approval. Commissioner Sounders stated the public hearing is closed. Coam/sstoner Volpe moved, seconded by Co,missioner Norris and carried 4/0 (Comalss/oner Constant/ne out), to approve Petition V-93-14 ~r~nt/ng a four-foot variance, thereby adopting Resolution 93~395. Page 54 September 14, 1993 ~ (2~?i) ':' I~OLUT~O~ 93-S9~ 1~ PETITI01qv-gs-16, ROBERT T. ~~, ~I~ 0F ~~ ~ S.M. ~ORIDA, INC., ~Q~ZNG A ~ ~ ~ ~ SZD~ Y~ OF 30 ~ ZN 0~ ~ ~ A ~ AT 121 ~6~ S~ N,E, - ~D Legal notice having been published tn the Naples Daily News on August 29, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Scheff explained this five-foot variance request ia necessary tn order for the single-family home presently under construction to remain as being constructed. He noted the property is located tn Golden Gate Estates and ts comprised of approximately 2.81 acres. He reported when the required spot survey was turned in, a setback encroachment was realized. He noted the house has been signi- ficantly constructed. He commented the petitioner states the proposed buyer of the house requested the natural vegetation be saved by placing the house In a natural clearing, however, that has resulted in the south sade of the house having a 99-foot setback while the north side ha8 a 2S-foot setback. He advised Staff reco~u~ended denial of this petition subject to the criteria in the zoning ordinance~ however, the Planning commission voted to approve the request by a vote of 5/2, subject to the stipulations tn the agreement sheet. Ha referred to a handout provided to the Board from the owners of the parcel Immediately to the north of the subject property. He said that parcel is presently undeveloped and they are Indicating they have no objection to the request. Robert Pearson, President of Suncoast Homes of S.W. Florida, Inc., explained he was out of the area for two weeks during which tame construction continued. He said the moment he returned and saw that the spot survey was due, construction was discontinued with one excep- tion. He commented the walls were up and windows were tn. He reported he asked for and received permission from Mr. Maguire with the County, recognizing their own potential for penalty, to put on the Page 55 September 14, 1993 roof and first coat of stucco to protect the home from weather con- dittons. Responding to Conunissioner Volpe, Nr. Pearson stated he has been in business for five years in Collier County and has never been involved in this type of situation. Commissioner Saunders stated the public hearing is closed. missioner ~atthews ~oved, seconded by Co~aiseloner maunders, to ~ NttttonV-93-16, Commissioner Norris communicated he is reluctant to allow this kind of variance. He sald bulldtng contractors should be aware of the setbacks. Re asked if there is any other remedy other than requiring the structure be torn do~n? Planner Scheff responded the petitioner would have to remove a significant portion of the house in order to meet the setback require- ments. Commissioner Volpe remarked the spot survey was instituted due to these types of difficult situations. Upon call for the question, the ~otton carried 4/0 {Commissioner ¢onstutin~ out), thereby adopting Resolution 93-396. In response to Commissioner Norris, Frank Brutt stated it Is inconceivable to him that a contractor cannot measure 30 feet and put the building In the right place. He said this situation ts the result of a rush to construct, and by the time they call for the first inspection, much money has already been invested. Be communicated contractors know that they should not start the vertical construction until after the spot survey. Commissioner Norris asked if there Is an opportunity to let it be known within the construction industry that the Board of County Commissioners will not be looking at these requests In a favorable manner? Mr. Brutt pointed out the amount of the fine ts not stopping the issue. He said the after-the-fact permit fee, which Is double the normal amount, ts currently $850. Page 56 September 14. 1993 Co~-issioner Saunders suggested Hr. Brutt return with a proposal to Increase the fees for an after-the-fact permit or variance. He co~mmtcated, however, the fact of the matter is that people will con- tinue doing this until the Board tells someone to tear down a house. County Attorney Cu¥1er suggested another alternative ie to amend the ordinance to state that no further construction goes forward until the spot survey Is approved by Staff. Mr. Pearson proposed another solution would be to require the spot survey aa part of the slab Inspection. Co~misstoner Saunders asked Mr. Brutt to consider that suggestion and come back with some alternatives to the present requirements. 000 Page 57 September 14, 1993 (~o¢o) RESOLOT3;ON 93-397 lq~ PETITION CU-92-2, CRAIG SMITH R~C~ING KXTKISIONOIP CONDITIONAL USES FOR SPORTS INSTRUCTIONAL SCHOOLS AND CAlif., AND SPORTING AND RECREATIONAL CAMPS FOR PROPERTY LOCATeD ON THK NORTH SIDe: OF PINK RID(]E ROAD - ADOPTED Planner Sam Saadeh reported the petitioner is requesting a one- year extension for conditional uses 19 and 20 of the 'A' zoning district to allow the construction of eight cabins, one counselor's residence and an owner's residence on property adjacent to the existing Naples Progressive Gymnastics Facility. He said the proposed cabins would house a maximum of 10 campers each and will be equipped with only toilets and sinks. He concluded with Staff's recommendation that the Board approve the extension of CU-92-2, subject to all Staff stipulations listed in the Agreement Sheet. Coamiesloner Saundera recalled the Board went through a very ttoner Is experiencing problems? Craig Smith, representing Naples Progressive Gymnastics, explained his concern8 with one of the stipulations of the original approval concerning tying in to the County's sewer system. County Attorney Cuyler reported the Board can only extend the con- dttional use at this time. Hs said no changes can be made because this Item has not been advertised. County Manager Dorrtll pointed out there 18 a substantial amount of conunerctal and residential activity now on the south side of Pine Ridge Road, and Staff can evaluate whether the stipulation ts still valid. Commt~io~er Norris moved, seconded by Commtmstone~ltatthew~ ~nd cez~iod4/O (Coumto~ioner Constantine out}, to approve ~nextenoton of Petitt~CU-~2-2 for one year, thereby adopting Resolution 93-397. Co~issioner Saunders suggested Mr. Smith work with Planner Saadeh to solve any problems he is experiencing. Page 58 September 24, 1993 Ck~a/~tm~r Forrla ~ed0 seconded by C~tmtt~ and carried unan~mmml¥, that the following the conaent mg~n~ ~ approved and/oF 8dopted~ Ztmu d~l~l ACCI:PT~ OF C&SHIKR*S CH~CK AS SKCURITY FOR LABDSCAPlqI~ FOR SITE ~ FL&BI Jla. SDP-92-54, PHASE X! "NAPLKS NATIONAL GOLF CLUB MA~ BqTIT~TI~ ]:tit #1SA2 ACC~I~AilIC~ O~ PKF. I~~ BOND FOR LANDSCAPIN~ FOR S~ D~O~ ZteRffl6&3 BODGKT~ TRANSFERRING 01,700 FROM OPERATING EXPKNSKS TO CAPITAL OqFTLAY 131FUND 113 FOR A HPLJ SKRIKS IV PRIFFKRFORTHK CI:TRRE~ ~ $~"fION OF TR~ SITE DEV~L0~ REVIEW D~P~ Zteu#lS&4 RKSOLUTXON 93-375, ACCKPTARCE OF FZRAL PT. AT OY SPZNNAKER POZNTE AT MXIIDSTARoWXTH STXPOLATZONS AS DETAILED ZRTIFE KXECOTXVE SOJ~(ARY RKS(TDUT/~Jl 03-376, ACCKPTANCE OF FIIAL PLAT 0r "CKLKSTE DRXVK - WXT~ STXPqJL&~ AS DKTAILKD XN THE See Page ~-~ ACCEPTANCE OF MATER FACILITIES FOR B~A ~, ~K III -~ ~CORD~D I~ 0R BOOK 1888 PAGES 1021 - 1040 It~ 91&AT See Page .~"~'~ lt~ ,16B1 - Continued to 9/21/93 ~ ~~ ~ ~ ~X~ ~ ~ JOE W. ~ ~'~ ~ OF CO~X~ C~ V. R.A.K., ~ ~ Page 59 September 14~ 1003 %ten #1~¢1 - Moved to Item #801 It~#1602 AUTNORIZATION TO APPLY FOR GRANT THROUGH GARRET COMMUFZT~ FOUNDATION TO HELP DEFRAY THE COST OF THE LATCH KEY COMMUNITY PROGRAM TO BE H~LD AT TH~ GOLDEN GAT~ COMMUNITY CENTER Item ffl6D1 ~/COMM~DATION TO ENTER INTO THREE COMMERCIAL/INDUSTRIAL LOAD CONTROL PRO.RAM A~REKM~NTS WITH FLORIDA POWER & LIGHT COMPANY Item #16D2 AUTHORIZATION TO INCREASE BID #92-1844 BY 810,000 TO UNIVERSAL WAST~ AND TRANSIT, INC. FOR HAZARDOUS WASTE DISPOSAL SERVICES Itel 916D3 SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND A~P. KEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER IMPACT FEES FOR FRANCIS AND THELMA BUOTE, ELAINE J. COWAN, THKLMA N. DASHER, JANETTE DICKERMAN, BRUCE AND JACQUELINK FIEGENBAUM, JOSEPH AND DEBORAH GRIFFITH, WILLIAM S. LITSIN~KR, JR., DENNIS AND THERESA MITCHELL, JESUIS AND VAYOLA EDMOND, JAMES AND REBECCA LKATHC0, THOMAS AND JANKLE SMITH AND DONALD H. HOD~ES Itel #16K1 RKCOJ~(XNDATION TO AWARD BID #93-2088 TO CROWTHER ROOFING AND SHEET METAL OF FLORIDA TO RE-ROOF BUILDING "G" AT THE COLLIER COUNTY MAIN GOVERNMENT COMPLEX Itel #16E2 A~RKEMENT TO SUBLEASE BETWEEN THE IMMOKALEE CHILD CARE CENTER, INC., AND THE TRAINING AND EDUCATIONAL CENTER FOR THE HANDICAPPED, INC. Itel #16E3 LIMITED USE LICENSE AGREEMENT BETWEEN COLLIKR COUNTY AND THE GOLDEN GATE AERIE 4028 FRATERNAL ORDER OF EAGLES, INC., AUTHORIZING THE USE OF COUNTY-OWIFKD PROPERTY FOR A FUND-RAISING EVENT - WITH A SET-UP DAT~ OF 9/17/93 AND A TEAR-DOWN DATE OF 9/20/93 Itel #16E4 ERCOIMKNDATION TO WAIVE THE FORMAL BID PROCESS AND AUTHORIZE THE PURCHASE OF ORIGINAL EQUIPMENT MANUFACTURER PARTS AND SERVICE MITH Page 60 J~I~8~I~AT'XOll TO IqLTECT BZD f~93-2095 FOR THE PORCHASE OF ~ T, UBRXCA.TXOg/IAtXlrTIfllMe~B CART BXD ~03-2001 FOR LOCESi~TH SKRVXCES - AI~q]~DKD TO HKRM'S LOCK & ICKY JUID SPKKDY ICKY, 131~. L.~LSKM31qI~MKIrT BKTWEEH COLLIER COUFfYAHD T~ CITY OF ~APLKSAXRPORT AUTHORITY FORTHKSOLE FURI~K OFMAZNTK~AH'CK, S'T*ORAGKAIDJT~ZGHTOF COLLeCtS HKLZCOFPfKRS - AHI~ALRKI~ ~HTHE~ 0F ~7~806.79 BID XlJlq~Bt~ITTWAI'VKDRR "IMMO~ ~LL AT STOCKADK ROAD-WATER LI'IIIZTIIJ'~OBrlPORIPIRK FROTKCTZON" BXD4~93-2094 C~S'I'Jt~OgOFNAFLKS I'NTKKAIq~UFF OF 037,745 STI'FU~TKD~ 3UIX3MKNT FOR THK ~OK PARCKL IN THE ~ DOMAIN 91-3691~1~, R0~ RX~F~AY, ~XNA~, ~LI~ ~ ST~~ FINAL ~ FOR TIIK FRKKLAHD PARCKL IN THK KMIHKHT DOMAIN CASK OF COLLXKR COUIFI*Y V. OKRALD FINKXS, KT' AL, CASK J~O. 91-3691-CA-O1-WLB, ROAD RIGHT-01J'-MAY, DRAINAGE, UTILITY A3ID MAIIrT'Kli&IOCK KASBMEFfS W~THIN NAPLK$ PROI~CTZON PARE RBC'~I~BSJ&T'XOg TO ADM~I~STRAT~Y AD.?UST THE NON-AD VALORIEM AS'S'I:SIOtISOt~ ~ NI:RCAHT~LK PLAZA (coJroo) A-1 TN THE JLq~c~S PAII~ RI~MB~ATTOll TO ADM~IIXSTRJtTI~FKLY ADJUST THB NON-AD VALOREM Felt THE IF~NK RID(lB ZIFDOSTRZAL PARK M.S.T.U. Page 61 September ~4, 1993 Xtmm ~lS6 I~I~RG'I31~CIZItlG~ ~ FOR BID NO. 92-1978, GOLD~I'G,I,T~ . ~ OF ~1,258.31 1993 The ffollo~tng mtecellaneoue correepondence was f/led and/or referred ae presented by the Board of County Commtsetonere: ooK 000 344 Page 62 September 14, 1993 C~TIiFICAT~S 0P COI~RECTION TO ~ TAX ROLLS AS PRESEFI~D BT TI~ Ptt0P~tT~ &Pt~A/~glteS OFFICE No. 152/153 1992 REAL PROPERT~ Dated 08/26 and 8/31/93 FOR ~O~ATK NOES. 50731 AND 83770 · IkTI~F&CTIONOFLI~ FOR SERVICES OF THE PUBLIC DEFENDER ~IkTI~F&CTIONOFLIEN DOCUMENTS FILED ON RE&L PROPERTY FOR See Page ~'~"/ There being no further business for the Good of the County, the meettng was adjourned by Order of the Chair - Time: 5:45 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL " ~** '?*' ~ BURT L. SAUNDERS, CHAIRMAN DWIGNT~E~* BRO, C~'. CLERK as p~ente4[,~%~ or as corrected . Page 63