Loading...
BCC Minutes 05/11/1993 R Naples, F/or/da, May Il, 1~93 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 in Building "F" of the Government Complex, East Naples, Florida, with the fo/lowing 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; Ellie Hoffman, Deputy Clerk; Annette Guevin and Sue Carney, Recording Secre~arles; Neil Dorrill, County Manager; Jennifer Edwards, Assistant to the County Manager; Ken Cuyler, County Attorney; David Weigel and Richard Yovanovich, Assistant County Attorneys; Frank Brutt, Community Development Services Administrator; George Archibald, Transportation Services Administrator; Tom Olliff, Public Services Adm~nistrator; Tom Conrecode, Office of Capital Pro3ects Management Director; Mike Arnold, Utilities Administrator; Fred Bloetscher, Assistant Utilities Administrator; John Mada~ewski, Pro~ect Plan Review Manager; Tim Glemons, Wastewater Director; Mike McNees, Office of Management & Budget Director; Joe Magrl, Building Review and Permit Plans Supervisor; Ed Kant, Tran~3portation/Traffic Operations Engineer; Barbara Cacchione, Wayne Arnold, Jeff Perry, Philip Scheff, Robert Lord and Ray Bellows, Planners; Sue Fi/son, Administrative Assistant to the Board; and Byron Tomltnson, Sheriff's Office. Page 1993 Tape (48) APPROVED WITH CHANGES CoamL~eIoner Volpe ~oved, seconded by Co,missioner Norris and carried unant~ou~l¥, to approve the agenda with the changes as detailed on the Agenda Change Sheet. Page 2 (2oa) Item #3A C0]ISKIT A(IKNDA - APPROVED AND/OR ADOPTED Nay 11, 1993 The motion for approval of the consent agenda is noted under Item #16. (215) NINIIT~$ OF THE R~TI~AR KEITIN~ OF APRIL 13, 1993 AND BUDGET WORKSHOP OF APRIL ~3, 1993 - ~O~D Cossloeto~ar Volpe ~ov~d, seconded by Co--tasioner ~t~tthews end C~Lrrt~<l ~t~ly, to appr~e the ~tnutes of the Reeler ~sting of April 13, 1993 ~d the Budget Workshop of April 13, 1993. (22~) It~A ~~TION D~SI~ATIN~ SA~AY, ~Y 15, 1993 ~ "AT YO~ S~ICK, Upon reading of the proclamation, Coalsetoner Matthews ~oved, seconded by Commissioner Constantine ~nd carried unlntmously, that the Proclmtton designating Saturday, N~y 15, 1993, as "At Your Service, 0overnBent Day" ~ ~opted. County Manager Dorrtll accepted the proclamation on behalf of Collier County's 1,900 employees. Page 3 Hay 11, 1993 Commissioner Constantine congratulated the following employees and presented their Service Awards: Eduardo Carballea (not-present), 5 years, Transportation Services Leroy Martel, l0 years, Community Development Jeffory Perry, 20 years, Community Development (3SS) ltn#SC EI(PLOY~ OF TH~ NO)[TH FOR MAY, 1993, DAVID SANOHEZ, OF TRANSPORTATION · ~RVZCE~ - RECOGII'IZED Commissioner Saunders recognized David Sanchez of Transportation Services as Employee of the Month for May, 1993. Commissioner Saunders congratulated and presented Mr. Sanchez wtth a letter of recognition, Exceptional Performance Plaque and a $50 cash award. (41~) ltem~D PR0,C'Z, dt,I~T'ZO~ Dg,~ZGN&TZNG MAY 16-22, 1993, AS ]~ATZON&L PUBLIC Upon reading of the proclamation, Commissioner Volpe moved, eecolm~ed bl, Commissioner Matthewe and carried un~untmously, that the Proclmtlon deetG'nattng M~y 16-22, 1993, ~ Nattoul ~bllc NorB W~k ~ adoptS. Ed Kant, Transportation/Traffic Operations Engineer accepted the Proclamation. Page 4 May 11, 1993 I~tE~E~TATION B~ ~E~ EDWARDS, REFUGE DIP~ECTOR, U.S. FISH & WILDLIFE S~V~C~ - ~ SHARING CHECK IN TH~ AMOUNT OF $58,755 PRESE]T~ED Mr. Ken Edwards, Refuge Manager, for Florida Panther National Wildlife Refuge presented the Commission with the County's annual revenue sharing check in the amount of $58,755. Mr. Edwards briefed the Board on the U.S. Fish & W~ldlife Services and the Florida Panther National Wildlife Refuge. In conclusion, Mr. Edwards urged the Commission to reconsider an earlier decision and provide monetary support for the CREW Pro~ect. Page 5 Ztelt ~6&l ~ 93-262/263 - ~DOPT~D May 11, 1993 Finance Director Yonkosky explained that there are two Budget Amendments on the Clerk's Report and requested adoption of same. Co~ieeloner ~atthew~ ~oved, eeconded by Co~aleeloner ~orrtl and carried unanimously, That Budget ~n~n~s 93-262/263 ~ adopted. (680) lt~ ~B DI~5~ION ~ SO~ ~CO B~CH P~INO LOT - CO~ A~O~ TO County Attorney Cuyler provided copies of a previous Executive Summary, dated February 22, 1993, a Stipulation Proposal for settle- ment of the eminent domain case that has been flied with regard to the South Beach parking lot, and a memorandum from Public Services Administrator 011iff, discussing some of the costs. County Attorney Cuyler recalled that the developer's prevtous offer was re~ected. He reported that the developer has inquired as to whether the Board would be interested in a settlement on the basis of construction and operation commitments as opposed to monetary payment. He requested direction from the Board, and asked whether he should proceed with the condemnation process. County Attorney Cuyler stated that the property is assessed at slightly under $600,000. He noted that the appraisal community Indicated that fair market appraisals usually are 15~-30% above assessed value. County Attorney Cuyler explained that another issue is MICA's allegation that they own the property and the developer does not. In response to Commissioner Norris, County Attorney Cuyler stated that a full blown trial would result in low six figure legal fees. Commissioner Matthews remarked that she would like to see the PUD amended in favor of the County. Commissioner Saunders recalled that several months ago he Page 6 May 11, 1993 suggested eminent domain action and amending the PUD. County Attorney Cuyler indicated that this could be done, but voiced concerns relative to the liability since the developer may file suit for inverse condemnation. Commissioner Volpe remarked if the PUD is amended, MICA will be operating a public facility, but voiced concerns since only a certain segment of the community will be able to park there. County Attorney Cuyler outlined the original Settlement proposal which reflects a total cost of $752,800, or $500,000 if the County does the work. Commissioner Volpe suggested that discussions relative to a settlement be held with the property owner while proceeding with emi- nent domain and amendments to the PUD. Commissioner Norris remarked if the PUD is amended and the pro- perty is taken from owner, the County will be in court and the pro- perky owner will be awarded what is Justifiably his. He noted he does not believe the County will acquire this property at a reasonable price. He suggested proceeding with eminent domain but cited opposi- tion to amending the PUD. Commissioner Constantine stated that amending the PUD would not take the property from the owner, it merely will make a change in the MICA section. The following persons spoke with regard to this item: Emily Maggio George Keller George Carse Mar3orie Ward Commissioner Saunders revealed that amending the PUD for the sole purpose of ownership will force the developer and MICA to pursue legal rights and suggested proceeding in this regard. Commissioners Volpe and Matthews voiced support of Commissioner Saunders' recommendation. In response to Commissioner Matthews, County Attorney Cuyler advised that the current status of the beach access is that the County Page 7 May 11, 1993 has ownership but there is a reverter that goes back to the developer. He reported that the reverter has been included in the eminent domain proceedings. He pointed out that the PUD does not address It, but the developer stated on record that at the time he deeded the property to MICA pursuant to the PUD provision, he would release that reverter. Co. missioner Volpe ~oved, seconded by Co~missioner Matthews Ed carrl~ 4/1 (Co~lesloner Norris op~aed), that the Co~ty Atto~ ~ dlr~ted to proc~d with the ml~-t~e ealnent do. in proceedings ~n =efer~ce to the ~l~ay access ~d staff to in~tlate ~n~nte to t~ ~ ~o ~t~ the ~ard of C~ty Co~ss~onere ae ~er of the ~k~ faculty. (2400) lt~ DIS~SI~/DI~I~ CONC~IN~ ST~ P~TICIPATION AT ~LIC WCO INC~TI~ ~INGS - ST~ ~Y A~ TO ~OVIDE FA~ Commissioner Norris advised that the Marco Incorporation battle is proceeding once again. He stated tn the past, the County has received a measure of criticism by having staff participate in campaign rallies for one side or the other and giving the appearance that County Government is taking a side tn this regard. He indicated that this seems highly inappropriate. He suggested that the Commission provide direction to the Manager that staff not participate in these one-sided forums to be held on Marco Island in the upcoming weeks. Commissioner Matthews remarked that the League of Women Voters will be conducting an Informational forum and not a pro and con debate as originally proposed. She cited no objection to staff providing information based on the questions asked. Commissioner Volpe explained that he believes staff should be available to provide factual Information. Commissioner Saunders concurred, noting as long as the information provided by staff ts objective. The ~ of the Board was that staff My attend the w~th re. rd to the Incorporation of Marco Island to provide factual ~nfor~ation. Page 8 May 11, 1993 (278o) Its ~A1 REQUEST TO AUTNORZZE STAFF TO ADVERTISE A PUBLIC HEARING RE TO COZ. LZEI~ CO.ITT CONSTRUCTION OI~,DINANCE N0. 92-70, APPENDIX HUKRICAN~ ]~UrREM~NTS - PUBLIC HEARING TO BI ADVERTISED FOR 7/27/93 Community Development Services Administrator Brutt stated that this Item is a request to authorize staff to draft and advertise for public hearing, amendments to the County's Construction Ordinance No. 92-70, Appendix "J" relative to hurricane requirements. Mr. Brutt recommended that the public hearing be conducted on July 27, 1993. There were no speakers. C~lasloner Volpe ~oved, seconded by Conlsstoner Norris ~nd carried unanimously, that staff be authorized to draft and advertise for public hearing a~end~ents to Collier County Construction Ordinance No. 92-70, lppendtx 'J" Hurricane Requirements to be held on July 27, 1993. (2895) RECO~M~I~DATION TO ~X~CUT~ NEW LAND USE PERi, IT TO THE UNITED STATES G~ Ft~R TH~ USE OF LAND AT THE I)~10F. ALEE AIRPORT - APPROVED Transportation Services Administrator Archibald advised that this Item deals with a lease agreement with the United States Government for use of the Immokalee Airport. He explained that the lease ts a renewal of a long term agreement and would allow the Air Force to make use of an eight acre portion of the airport for communication training. Mr. Archibald stated that the terms of the agreement reflect a five year renewal, a 30 day termination clause, provisions for alter- nate sites along with provisions for use. In response to Commissioner Matthews, Mr. Archibald reported that the subject site is located in the northwest quadrant of the Airport and there should be no conflict with the Industrial Park or Airport Authority's proposed plans. ,oo, llO0,,o: 20 Page 9 ~ay 11, 1993 Co~le~tone~ l~tth~ ~oved, meconded by Co~mi~ion~r Volpe ~nd c~ri~ ~t~ly, to a~r~e ~d exe~e the ~d Uoe Pe~lt to the ~it~ 8tat~ O~~t for ~d at the l~ee Ai~rt for con- mlcatt~ traini~ ~ratlons. Page 10 May ~1, 1993 e,, I~-'~md= 10:20 A.N. - Reconvenad= 10=35 A.N. at which ~cordtng Secretary Guevin replaced Deputy Clerk Hoff~an ese (3080) KES0LUTION 93-201LO~KRING SPEED 0l I~OKALEE ROAD BFA'WEENU.S. 41 AND &IKPO~T ROAD FRO~ 45 MPH TO 35 MPH DU~ING THE REMAINDE~ OF THE I~OEAL~ ROAD FOU~ ~ CONST~UCTION - ADOPTED= AND STAFF TO INVeSTIgATE E~TABLISHING "WOKK ZOFES" TO ENHANCE FINES Transportation Services Administrator Archibald presented a Staff request to reduce the speed limit on Immokalee Road from 45 to 35 miles per hour from U.S. 41 to Airport Road during the construction period for that segment of roadway, which will be roughly six months. He said the driving force behind this recommendation is safety, because of the location of some of the construction work in relation to the construction traffic and through traffic coming off 1-75 tra- veling at a high rate of speed. Commissioner Matthews communicated in other states, highway construction areas are designated as "construction zones" or "work zones". She said the "work zone" signs state that all fines are doubled. She asked if Collier County has the same authority? County Attorney Cuyler indicated that authority may have a Statutory basis in other States, and he has never seen anything in the laws of Florida that addresses double fines. Responding to Commissioner Saunders, County Attorney Cuyler agreed to investigate whether counties have the ability to impose fines that are not imposed under State law. Commissioner Matthews concurred, pointing out that Collier County has many hundreds of lane miles to construct in the near future, and signs indicating that all fines will be doubled for speeding may catch the attention of motorists who may not otherwise adhere to the speed limits. O~tutoner Matthew~ ~oved, seconded by Co,missioner Norris an~ carrie~ ~~ly, to adopt ~esolution 93-201 lowering the ~peed on I~kalee ~d between U.S. 41 and Airport Road frol 45 to 35 llles per ~ ~t~ tbs re~tndsr of the I~okalee Road four lane crating 'work zonss' on highways to enhance fines. Page 12 May 11, 1993 (3347) RECO~B~DATION FOR BOARD APPROVAL OF WORK PERFORMED UNDER BID · 91-1759; LIMEROCE ROAD IMPROVEMENT PRIORITY LISTING IN GOLDEN OAT~ ESTATES; Aa'DAll IMPR~ PLAN - APPROVED Transportation Services Administrator Archibald explained this report gives the Board an overview of the work completed during 1992 and early in 1993. He reported it also outlines the procedure followed to prioritize the projects for the upcoming year, whereby Staff looks at roadways of one mile links within units of Golden Gate Estates. He specified part of the recommendation is a cut-off at 10 homes per roadway, recognizing that each home produces approximately 10 trips. Re noted a recommendation has Just been received from Mr. Stephan to reduce that requirement to streets with at least nine homes. He advised that Staff can provide a listing, go through the design, specifications and bidding, and then bring back recommen- dations based on the final bid costs received. He pointed out if the bid costs are low, additional projects may be accomplished than are Indicated in the report. Responding to Commissioner Matthews, Transportation Services Administrator Archibald stated both limerock maintenance and paving of roads are being accomplished. He said the base work ts being completed in Golden Gate Estates, particularly on roadways running off Everglades and Wilson Boulevards, and then is being followed by the paving work. He reported the $40,000 per lane mile noted in the Executive Summary includes the cost of building up the road bed in preparation for paving, as well as the cost of asphalting the roads. Also in answer to Commissioner Matthews, Transportation Services Administrator Archibald responded Staff's intention is to pave the roads listed in the Executive Summary and with Board approval, add five roadways containing homes, which will expand the existing list of 13 to 18 roads. He said after the bid costs are known, Staff will bring the list back to the Board of County Commissioners for a final Page 13 May 11, 1993 decision on how many roads can be done with the monies in hand. ~o~tseto~er M~tth~ ~oved, seconded ~ Coatsslo~r Coat.tine, to ~ t~ ~rk ~rfo~ ~der Bid ~91-1759, the lt~rock r~d l~r~t ~tortW listing ~d the t~r~e~nt pl~. In response to Commissioner Volpe, Coutssloner ~tth~ uended t~ ~ti~, ~i ~ Co~tsstoner Constmttns ~d c~rlsd ~l- ~ly, to ~ tM ~dttton of five roa~ ~tth nt~ h~s to the list. T~ ~ ~~TI0X ~R ~OV~ O~ RO~ I~O~S TO X~ RO~ ~ E~~ C~ COST - D~IED Transportation Services Administrator Archibald Indicated this item Involves a request from residents of Acremaker and Woodcrest Roads. He said they are asktng that the County consider doing some work on those two roadways, which are not County-maintained. He reported Staff has developed estimates for some activities and ts now asking the Board for authorization to do a very limited amount of maintenance work, subject to a series of conditions. He said those conditions include recognition that there is a dedication, although it ts not County-accepted; that any work done would be on a pre-payment basis; that there ts an indication of certain unit costs that Would be applied to the activities; that some of the work has already been undertaken by the residents, but there may be other work that the County can do on a supplemental basts, subject to the conditions and stipulations outlined in the agenda package. Commissioner Matthews communicated she has talked with the resi- dents along these roadways, who have been able to obtain a great deal of donated machinery and labor, and so far have been able to do the rolling and grading themselves. She said they do not need the $12,000 listed In the agenda package; rather, they need rock to stabilize the roadway. She asked if the County has a source of Inexpensive rock? Page 14 May 11, 1993 Transportation Services Administrator Archibald replied in the negative. He said the County previously had a contract to obtain rock from spoil pi/es in the Golden Gate Estates area, however, all that material has been used. He indicated the material the County does have is not suitable for the addition of base material for these road- ways. He added Staff is in the process of looking at other spoil locations for County projects and if material is found that is suitable, Staff can communicate with these residents to advise them of the costs of that material and let them decide if they want to take advantage of that source. Commissioner Saunders communicated his concern about the County setting a precedent of expending funds on private roads. Transportation Services Administrator Archibald agreed with that concern, which he stated is the reason, for the amount of stipulations being requested by Staff. He said this type of service has been per- formed once in the past, when there has been a health related concern. In this area, he said, they have a concern in Just getting to their homes during the peak of the rainy season. Commissioner Norris agreed with Commissioner Saunders' concern with Collier County supplying rock to private parties. Commissioner Matthews explained the citizens in this area have been under several feet of water every summer for the past several years. She reiterated that they are only looking for a way to stabi- lize the considerable amount of work they have a/ready done them- selves. She said she is not opposed to these people being able to purchase rock from the County, if and when a suitable source is found. Cc~/setoner ~tt%~ ~oved, Isconded by Commissioner Constantine, to ~th~rr~e Staff to perform work for the residents of Woodcre~t Ro~d ~nd Acre~k~T ~ anb~ect to the cond~tions, controls and print of c~e, u ovtl~ in the agenda package. The motion failed 2/3 (Co~tu~onerm Volpe, Norris and Saundere OlrpOsed). (s3o) Ita~DZ ~ATION OF SOUTH COUNTY {LELY) REOIONAL WASTEWATER TREATMENT FACILITY EXPAN~IONALTERNATIV~S - STAFF TO PURSUE OPTION ,~ INCLUDIN~ DO~E AND CHLORINE F&CILITY RELOCATION 1993 Legal notice having been published in the Naples Daily News on May 12, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. County Manager Dorrill exhibited a slide presentation depicting the service area, existing structures and proposed expansion of the South County Regional Wastewater Treatment Facility. Commissioner Constantine asked whether the fact that Commissioner Norris lives in the Lely area would be a conflict of interest in this matter? County Attorney Cuyler explained Commissioner Norris' residence is located on the other side of the Lely development with no access to St. Andrews Boulevard. He said in his opinion, the suggestion of a conflict is too speculative in this case to be a conflict of interest for voting purposes. He noted, however, a Statutory provision does provide for a voluntary abstention under circumstances where there could possibly be a conflict of interest. Commissioner Matthews questioned if the calculations for expanding off site have been reduced by the resale value of the existing site if it is abandoned? County Manager Dorrtll advised if the existing plant is abandoned, a fixed cost has been calculated on an "as is, where is" basis for its value, including the percolation ponds. He noted a salvage value was attached and applied as a credit only to the other three alternatives. Conversely, he said, an additional $2-millfon for odor control was added to the estimates to remain at the existing site which will not be found in the calculations of the other two sites. He said that figure is associated with *totally enclosing in a dome structure the oxidation ditch. He noted $500,000 has also been added to relocate the chlorine containment area to the south end of the site near the administration building. He indicated none of those costs are in the other options because they do not apply. Page 16 May 11, 1993 Responding to Commfsstoner Matthews, County Manager Dorrtll stated if the existing site ts utilized for expansion, the associated rate Increase will be $37 per year, compared to an average increase of $85 if an alternate location is chosen and a new plant constructed. stressed those increases are calculated on a County-wide basis, and would be paid by each of the approximate 40,000 sewer customers. ~{owever, he p61nted out, there ts no interconnect facility between the South County system and the North County system, and a legal argument can be made that the County would be subject to challenge if rates are raised County-wide when there is a demonstrated benefit only to the South County area. He communicated the South County service area is 55 percent of the total County utility system and a rate increase associated with an alternate location and paid only by residents in the South County area will be close to 60 percent, or $166 per year for a typical residence. Commissioner Norris questioned what affect will the proposed odor control system have on the existing facility in terms of operating costs? Fred Bloetscher, Assistant Utilities Administrator, responded by 1997, operating costs are projected to increase by approximately $~00,000, Including odor control costs. Mike Arnold, Utilities Administrator revealed that approximately $100,000 per year is currently spent at the Lely plant for the on-site odor control system. He said, therefore, if the size of the plant is doubled, he projects that particular operating cost to increase to $200,000. He noted off-site odor control costs are significantly higher than at the plant site, and those expenditures have been fac- tored into the other alternatives. Commissioner Norris inquired what the expected life span is for the existing aeration ditch? County Attorney Cuyler cautioned the Board regarding pending liti- gation dealing with that subject matter. County Manager Dorrill reported an analysis has been done and is Page 17 May 1I, 1993 in the public records. In answer to Commissioner Norris, Mike Kennedy with Wilson, Miller, Barton & Peek, Inc., stated no additional or larger piping will be necessary to expand the existing facility up to 24 million gallons per day. Commissioner Constantlne asked if placing a dome at the Lely plant is anticipated to correct both the noise and odor problems, to which County Manager Dorrtll responded in the affirmative. Commissioner Constantine referred to projections made earlier that a 16 million gallon per day wastewater treatment facility will be ade- quate until the year 2015. County Manager Dorrtll stated even if the Golden Gate area custo- mers are brought into the South County service area, it is his belief that a plant of that size will suffice until at least the year 2015. In response to Commissioner Saunders, County Manager Dorrill reported the plant will be expanded from eight to 16 million gallons per day in 1996. Commissioner Saunders questioned when the plant ts expanded, will the odor and notes problems be reduced or doubled? Dave Refling with Malcolm Plrnte, advised that the problems are not cha~ged at all, because an additional aeratlon tank ts not being built. He said if the modifications being discussed are made to the current system to provide odor control, there will be less problems than presently occur. Commlssioner Saunders inquired what impact will the $2-mlllton dome over the oxidation facility have on the current problems? Mr. Refltng indicated given the improvements being discussed, the problems will be reduced, even with the expansion to 16 mtll~on gallons per day. The fo/lowing people spoke regarding this item: Chris Lombardo Tape ~S Anthony Ptres Bob Bothwell Wtlmer Glock George Keller James Ruble Dawn Davey County Manager Dorrlll advised the Board that his recommendation is to ex~and the existing facility, not to exceed 16 mi/lion gallons May 11, 1993 per day. He noted that act/on will necessitate rezontng of the property in 1994 or 1995. Tom Peek with Wilson, Miller, Barton & Peek, Inc., clarified for the record that neither Wilson, Hiller, Barton & Peek, Inc., ~colm P~rnie nor Hole, Montes ~ Associates were involved tn any way tn the dest~ or ~y part of the current cond~tion of the ex~sting plant. Coun'~y Manager Dorrlll stated the design company w~th which the County is involved in litigation is Consoer, To.send and Associates of Nashville, Tennessee. Cowry Attorne~ Cuyler co~unicated any expanslon of the current facility from eight to 16 million gallons per day w~ll re~ire a Conditional Use, which will require a super majority approval. In an~er to Commissioner Saunders, County Manager Dorrlll stated he does not believe the population ~n the South County service area will ever ~ustify a sewage treatment plant large enough to acco~odate 32 million ~allons per day. He said the 16 million gallon per day capacity will be sufficient for the next 20 to 95 years. He indicated not only is that well beyond the plannin~ and forecasting period for this site, but the treatment technologies for 20 to 25 years from now are ~kno~. The following person spoke regarding th~s item: John Dantonio Co~issioner Constantine suggested ~f constructing the dome nates the odor and noise problems and the chlorine storage facility relocated, all the concerns will have been eliminated at considerably less cost than relocating the entire plant. ~%~~ C~t~t~ne ~, seconded ~ Co~tsstone~ Vol~, to d~r~ Staff ~o ~e ~tion ~1 to e~d the existing factlt~, tncl~ ~~tton of m ~ sincere for mddttto~l odor ~d Commissioner Norris commented that as the County grows, a larger property will be needed. He said the Board should begin the process now of moving the plant to a more suitable site. He concluded the Page 19 May existing plant ie in an inappropriate location in a residential neigh- borhood and the human element is one of the most important Issues. Commissioner. Matthews stated she is in support of the motion. She agreed that the expansion is the most economic option and ts in the common good of the County as a whole. The following person spoke at this time: Chris Lombardo Commissioner Saunders indicated he will not support the motion, because he would llke more evaluation in terms of what the needs will be In the future. He suggested the charts referred to by Staff are Inconsistent with comments made by County Manager Dorrill. The following person spoke at this time: James Ruble Upon call for the question, the ~otion carried 3/2 (Commissioners NOZT/I la~ ~u~dere opposed). $$* R~ed= 1=00 P.M. - l~econvened= 1=50 P.M. at ~ich ~~ ~t~ C~ replaced Recording Secreta~ ~in ~C~~ ~ ~DIFICATI0~ TO ~ ~ OF S~ICE ~R 2992 ~ ~ ~ 2993 IN ACCO~CK ~ ~ ~ ~ ~ JOB ~~ P~P A~ ~ ~0~D ~ ~ SO--ST ~0RIDA ~IVA~ I~ O~IL, S~I~ DELI~Y ~ S20 - ~O~D John Tippins of the Southwest Florida Private Industry Council explained that they operate the Job Training Program in Collier, Charlotte, Hendry and Glades counties. He explained that although the Board approved a Plan of Service for 1992 and 1993 on March 24, 1992, Congress has since passed a /aw creating certain amendments. As a result of this /aw, substantial changes are required, he stated. Mr. Tippins recalled that under an Interlocal Agreement of 1983 between the four counties, Collier County was designated as the lead Board to perform functions required under the /aw. County Attorney Cuyler confirmed that he reviewed the modification package and was satisfied. P..,~mm/smto~e~ ~orria ~ov~, secon~e~ by Commissioner ~tt~ ~ Pa~e 20 ~ 11, 1993 ca.t'~edunam~u~l¥, (Coua~estoner Constantine ou~) to ~pprove the A gro~eent of the Hod~f~ca~one to the P~an of Service for P~an Yea~. 1992 ~ 1993. Page 21 ~ay 11, ~993 (~g?~) Legal notice having been published in the Naples Dally News on April ~-§, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Dr. Neno Spagna, representing the petitioner, stated that the petition has been reviewed and approved by all County agencies and reported that the petitioner agrees with all the stipulations. In response to Commissioner Matthews, County Attorney Cuyler declared that without some research he is unsure as to whether the stipulations deleted by the Collier County Planning Commission are required by other County ordinances, but feels it would be advan- tageous that they be reinstated. Co.missioner Saunders that the public hearing is closed. Commissioner M~tthm,~ ~oved, seconded by Comisetoner Norris, to approv~ P~tttton cu-g2-1? with all stipulations Including those · eletg by the Collier County Planning Comieeton, thereby adopttng Resolution gS-lgO. Mr. John Keschl request that this item be continued until later in the meeting before it Is actually vote on due to the fact that there are people from the public coming to speak on this Item. Tape ~4 (2al) Later In the meeting when this Item was brought back, Planner Scheff reported that Staff recommends approval with all stipulations. Coulssloner Ssundsrs re-op~n~d tbs public bearing. The following person spoke regarding this Item: John Keschl Commissioner Saunders declared that this item will be heard again at 3:30 P.M. the public speakers that still have not arrived. T~pe ~ (6~6) At approximately 3:30 P.M. Commissioner Saunders re-opened the pub/lc hearing again. Page 2 2 Hay 11, 1993 The following people spoke regarding this item: Chester Dobeck John Keschl Rev. Abede-NJonassiant Commissioner Saunders closed the public hearing. Upon call for the question, the ~otlon carried unantml¥. Page 23 May 11, 1993 (228~) RECtlIIEIDATION TO REFIEW THE FUNCTIONAL CONSOLIDATION OF THE ~uWAN AFFAII~ AI]~I~H~ BOARDS - BLACK AND ~ISPANIO BOARDS TO REMAIN AS IS; BCe TO AI3F]$~ UISIKED CONSOLIDATION OF ~ BOARDS County Manager Dorrill reported that after his review of different Advisory Boards he is deferring to the Board's direction that these Advisory Boards be classified by function type. The following people spoke regarding this item: George Keller Victor Va/des Public Services Administrator 011iff confirmed that the Information & Referral Blue Ribbon Task Force was created for a period of one year. He mentioned that part of the functlon of this Task Force is to work with the library on their computerization, but due to the fact that the central library was relocating they ceased to meet. He said the Task Force then approached the Board and was granted by Resolution an extension of 6 months so that their task could be completed. Commissioner Saunders suggested that the Information & Referral Blue Ribbon Task Force be allowed to finish their task and then expire by law in October 1993. Public Services Administrator Olltff reviewed the projects of the Homeless Advisory Board and the Homeless Coalition. A discussion was held regarding the possib~lity of consolidating the Homeless Advisory Board with the Affordable Housing Commiss~on. Commissioner Saunders remarked that that decision could not be made without information on that advisory board. Commissioner Norris informed the Board that Mr. Tribble, Chairman of the Black Affairs Advisory Board, contacted him requesting that no action be taken for six months, so that a current project could be completed. Commissioner Norris indicated that Mr. Tribble would have no objection to consolidation after that point. Commissioner Matthews noted that she has been contacted by Ms. Riddle of the Hispanic Affairs Advisory Board who is also working on Page 24 May 11, 1993 a project that must be presented to the Board this summer. Commissioner Saunders stated that it is the consensus of the Board that the Hispanic Affairs Advisory Board and the Black Affairs Advisory Board remain separate at this time and be reviewed in six months, and in the meantime the Board will review the list of Advisory Boards in an effort to group them so that County Manager Dorrill will have a better understanding of what type of groupings would be accep- table. (sses) ~ OF ~ ~ ~RC~ LI~ILI~ INS~ CO~ C~ ~ ~ ~O~D IN $~~ B~T Jeff Walker, Risk Management Director, described the objective and reason for this recommendation. He recommended that the Board approve the purchase of liability insurance to protect the County against Federal claims, noting that such insurance could be purchased from the Hunt Insurance Group, Inc. for a cost of $13,393.00 along with a fee of $1,300.00 to be paid to the County's insurance broker for procuring this insurance. In response to Commissioner Constantine, Mr. Walker reported that this policy's retention would be $10,000.00 per claim. Commissioner Volpe inquired as to whether this expense should be incurred in the Sheriff's budget rather than the County's budget. Crystal Kinzel, Financial Director of the Sheriff's Department, clarified that this policy is not through the Florida Sheriff's Se/f- insurance Fund. Co~iISLoner Constantine ~v~d, seconded by Co~LssLoner Matthews, ~ c~rrted unantmly, to a~r~e this rec~n~tion with the ttrs=tton t~t the cost ~ ~r~ed ~der the Sheriff's ~d~t at th~ ~r~l~te tt~. It~H2 (4es) DIS~Z~ OF LI~ I~ B~ ~HOP DA~S Page 25 May 11, 1993 #1¢~--,.1 ~cNee~, Budget Director, requeated that dates be cho~n for the Budget Workshop preferably some time in the 3rd or 4th weeks of June, noting that approximately 16 hours would be necessary. After a general discussion, the consensus for the Line Item Budget Workshop dates were Monday, June 14; Wednesday, June 16; and Monday, June 21, 1993, beginning 8:30 A.M. (607) Item# 13&4 ~ &. ~ZQ~Z, ~Q~STIRG A FI~ FOOT V~1~C~ ~ ~ ~~ ~ ~ OF S~-FI~ ~ TO SI~ ~ ~R ~0~ ~A~ AT 2496 1~ A~ NO--T, GOLDEN ~A~ ESTA~S - ~D Legal notice having been published In the Naples Dally News on April 11, 1993, as evidenced by Affidavit of Publication filed with the Clerk, the public hearing was opened. Robert Mulhere, Current Planning, described the location of the area and explained that the applicant applied for a building permit which indicated a setback of 85 feet from the edge of the easement to the edge of the structure. Mr. Mulhere stated that before the foun- dation was poured the owner requested that the structure be moved for- ward in order to preserve trees at the rear of the property, this was done and the result of a spot survey revealed that the structure was now 60 feet from the easement. Mr. Mulhere noted that according to the Land Development Code, it requires that setbacks be measured from the edge of the easement and not the property line. In response to Mr. Norris, Mr. Mulhere replied that only the foun- dation and stem wall have been constructed and stated the contractor did not understand that setbacks could not be measured from the edge of the property line. Mr. Anthony D! Sarro, General Contractor, explained that he has built several structures in the area that have setbacks within 45 feet and did not see a problem with the owners request. He stated that the setback was measured from the middle of the road and he did not realize the problem until the spot survey was done. Page 26 Commissioner Volpe asked why the Collier County Planning Commission recommended denial. Planner Mulhere replied that the Collier County Planning Commission stated that there was no hardship directly associated with the property itself or any unique landscaping, therefore, they voted for denial. Commissioner Saunders declared the public hearing closed. Om~smion~r Volp~ inquired about the cost incurred by the o~ner to this point, and Mr. Di Sarro advised that the owner has spent $10,000.00 to $12,000.00. Co~ission Volpe ~ovad, seconded by Co, missioner Norris, to deny PetittonV-93-4. Upon call for the question, the ~otlon failed 2/3, (Commissioners Constantine, Ssu~ders and l~tthe~ opposed). Comm/utonsr ~atthe~e~ moved, seconded 1~ Commissioner Sau~ders0 to &ppr~vw l~etttton V-93-4. Commissioner Saunders conunented that a hardship to a petitioner ts not legal Juattfftcatton for a variance, adding that it ia his opinion that a Board be created so that these types of decisions could be made on a purely legal basis. Dpo~a c~/1 for the question, the motion carried 4/1, {Commissioner Norris ~) tl~reby adopting Resolution 93-191. Page 27 Hay 11, 1993 It~ HA RI~OLUTIOI 93-192 DIRECTING TH~ COU~rI'Y ATTORlq~Y~S 0FFIC~ TO INSTI~ FOI~,,CT.,O'~IFR~ ACTION OR ~ ~991DKLZRQUL'WT I~L~CA,R BAY $1'~CIAL A~SE~'I:~:IIT~ IN ACCORDA.RC~ NITH COLLIER COURTY 0RDIRARC~ NO. 88-23 &RD AUTHORIZZ~IG Ting PAYN~'RT OF ~ ACCOURT5 #ITH A BALARC~ O~ $5.00 OR L~$$ ~ ~ I~EL~CAR B&Y OPERATING FUND. County Attorney Cuyler cited that this resolution was brought before the Board a few weeks ago and was continued due to certain questions which were raised at that time. County Attorney Cuyler informed the Board that the questions have been answered on the Execu- tive Summary as to the location of the delinquent assessments, noting that the majority were Registry Hotel Condos. Commissioner Volpe asked the length of the liens if foreclosure ts not pursued. County Attorney Cuyler replied that liens would not expire for lO years, that there were bond covenants that relate to Pelican Bay that require that foreclosure actions be met. Comdutoner Volpe moved, aeconded by Contsetoner Constantine and carried unantmouml¥, that Resolution 93-192 directing the County Attorn~ftm off/ce to purmue foreclosure action on delinquent Pelican B~ ap~cial ume~ments be adopted. Page 28 Hay 11, 1993 KESOL~I~/ON 93-193 DIRECTING THE COUNTY ATTORNEY'S OFFICE TO FILE FO~ FROCEEDINGS AGAINST THE PROPERTIES AND OWNERS OF CERTAIN THAT AR~ DELINQUENT IN PAYING THEIR PAVING ASSK$SM~TTS AND A~Z~ THE CHAIRMAN TO EXECUTE CERTAIN HARDSHIP AGREEMENT~ FOR THE DELIN(I~IENT FAVIN~ ASSKSSMENTS- ADOPTED County Attorney Cuyler explained the purpose of the resolution and requested the authority to proceed on this matter. In response to Commissioner Volpe, County Attorney Cuyler acknowledged that approximately $10,000.00 in legal fees would be required to file and serve the foreclosure suits. Co.missioner Yelps moved, seconded by Co. missioner Matthews and c~.--~tedun~ntmou~ly, that Resolution 93-193 directing the Count~ &tto~e offtc~ to file foreclo~'are proceedinge agatnet the proper- ties m3~ c~mers of certain parcels that are delinquent In p~¥tng their pavin~ ~ments be adopted and that the Chairman be authorized to Page 29 Hay 11, 1993 (2os3) Itel. l'22Bl ORDIX&.WCE 93-21 lqZ P~FD-90-26, MRS. ROBIN CARVER OF WILSON, HILLER, B&R'I'O~AXD FL'ID[, REPRESENTING MR. P~IP, ~Q~IRG A ~Z0~ ~ ~A~ A~I~~ ~ ~A-ST~ T0 ~ ~ ~T D~LO~ TO BE ~O~ ~A~ ON ~ NOR~ SIDE OF ~~Y 5,000 ~ ~ST OF OLD US-41 - ~ED Legal notice having been published In the Naples Dally News on April 8, 1993 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Saunders recalled that this item was heard previously and was continued due to a legal question and questioned County Attorney Cuyler as to whether it is appropriate that the Item be heard at this time. County Attorney Cuyler responded that thts petition could be heard at this time, that the discrepancy regarding the a/legation that Old US-4! was a State road has been resolved due to correspondence from the State alleging that Old US-41 ts not a State road and ts not considered to be part of the State Transportation System. In response to Commissioner Volpe, Transportation Services Administrator Archibald reviewed the provisions which were added to the stipulations recognizing the need to tie the development to Livingston Road which is to be developed within 10 years. Planner Bellows explained that as in all rezones, some t~rpe of consistenc~ with the Growth Management Plan is required. Commissioner Volpe inquired whether a temporary construction access would need to be developed if the project is approved. Mr. Archibald responded that it ts Staff's intention to duplicate the same conditions in this PUD as in the PUD which is adjacent to it, and that some Interim access may be developed that would be acceptable for the development of the site, but not acceptable for the sale of units. Commissioner Norris noted that the Agricultural Use be limited for a short pertod of time. Page 30 ~a¥ 11, 1993 Alan Reynolds of Wilson, Miller, Barton & Peek, representing the petitioner, verified that the Agricultural Use could be eliminated from the PUD and would be acceptable. Mr. Re~nolds cited that the project IS a privately funded ini- tiative to an MITU, and emphasized that that is why it is not found in the County's 5 year plan and stressed that this is an Important road- way pro~ect, and mentioned that the Army Corp of Engineers agrees. In response to Commissioner Volpe, Mr. Archibald confirmed that the Quail West PUD requires that another North/South roadway will be built between Immokalee and Bonita Beach Road. Mr. Reynolds commented that the construction of the Dynabel pro- ~ect ts prohibited until CR-860 is in place or the Board has a security for CR-860 tn place. He concluded by stating that it is vir- tually Impossible to proceed based on the Land Development Code requirements and the conditions of this PUD. A discussion was held on the access road to be used as a construc- tion road. Mr. Reynolds indicated that during the construction stage, access would be available through the County's 'right-of-way on the East/West corridor of Livingston Road, but an agreement must be made between the County and the Railroad at a cost of $250,000.00. The following people spoke regarding this Item: John Brugger John Stahlman John Passtdomo of Frost and Jacobs, representing Dynabel Investments Partnership, maintains that the petitioner purchased the property in 1988 and received a Title Policy which states that there are no easements or roads shown that would encumber the land, noting the property is landlocked and there is nothing tn the rezone which will effect the landlocking. He confirmed that Dynabel never agreed to provide access across its property as part of the MSTU. T~pe ~ & di~ion was held on the issuance of building perRits mhd Oertiftc~te~ of Occupancy. Transportation Services A~mtntstrator Archibald tnforBed the Board Pm~ 31 1993 that this p~rcml has legal access to n public right-of-way which tm tn pl&ce In the h~nds of the County but hu no road, water or Coati,toner S~u~dsrs closed the public hearing. Co~dsston~r Norris ~ov~d, seconded by Contsstonsr Sau~dsrs and carried u~nlml¥, that Ordtmce 93-21 re PUD-90-26, Dyn~b~l PUD, he ~pt~d ~nd ~ntered Into Ordlr~nce Book No. 26 with the following stipulations: no ~tcultural uss; no model hones to be built without ~ccs~ ~-o~d; no constr~ctton activity to occu~ until an maui~ with th~ County for construction access; ~nd before ~ry activity t~ pl~c~ ~n Identifiable funding source w111 be mecured to bulld t~pro~s~ imbltc ~ccess to this land. (I0S4) Ita,liB2 ORDI]E~II~'~ 93-22 R~ PETITION R-93-1, LONG RANGE PLANNING DZP~ RgQU~TI~G & REZOH I~RO~ RNa-6 TO RSF-3 ~OR PROPERTY LOC&TED JLPPROIg~I&TI~T 450 I~ET NORTH OF RATTLESNAI~E ~ ROAD - JLDOPTED Legal notice having been published tn the Naples Dally News on April 8, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Planner Lows described the location of the property and the pur- pose of the raciest. Commissioner Saunders closed the public hearing. Co~mt~ioner Iorrts md,. seconded by Coutssloner Constantine ~nd c~rrtedurl~ntmously, that Ordtr~nce 93-22 re Petit/on R-93-1 be a~rt~d ~ ~tersd Into Ordinance Book No. 60. · '' Deput~ Clerk Hoffm~n replaced Recording Secretary Carney at this tine I~'/ITIO~ PUD-Si-9, NIR~'Y& LOUVIERE OF JONSON HGI~IIG, INC., NIC~~, ~ ~ D. NIC~ER, ~QU~STING A ~ZO~ ~ A, A-ST ~ ~-1 ~ ~ TO B~ ~ ~ I~~E RO~ C~R ~ L~A~D 0N ~ ~ 5IDS OF I~EE RO~ (C.R. 846) ~ ~T 0F &I~-~ING RO~ (C.R. 31) - C0~I~D T0 5/25/93 Legal notice having been published in the Naples Daily News on April 8, 1993, as evidenced by Affidavit of Publication flied with the f11 0 , . 150 Page 32 ~ay 11, 1993 Clerk, public hearing was opened. Planner Scheff advised that the Petitioner is requesting a rezone from Agriculture, Agriculture-ST and RSF-! to PUD to be known as Immokalee Road Center PUD. He noted that this project is for planned commercial uses for property located on the South side of Immokalee Road, approximately 660' East of Airport-Pulling Road and consists of 11.05 acres. Mr. Scheff stated that the proposed PUD would allow a commercial center consisting of a retail tract, two out parcels and a maximum of X18,150 square feet of commercial land uses. He detailed the surrounding land uses and zoning, as reflected in the Staff Report. Mr. Scheff indicated that the proposed PUD would be a commercial center containing C-4 general commercial types of land uses similar to those uses provided in the Land Development Code. In addition, he reported that the project would include required parking, and a 2.5 acre cypress preserve restoration area. Mr. Scheff explained that traffic in the area will be improved by the four laning of Immokalee Road and the Level of Service would be #C" or better at the time of build-out of the project. Mr. Scheff affirmed that staff has reviewed this petition and recommends approval. He announced that the Planning Commission reviewed this petition and unanimously recommend approval, subject to staff's stipulations and legal review. Mr. Scheff called attention to the latest PUD document, dated May ?, 1993, and noted revisions to same. He pointed out that subsequent to the Planning Commission meeting, it was dec~ded that auto and home supply stores, Standard Industrial Classification Manual (SIC) Group 5531 would be added back into the PUD document since this As a general commerciai type of use and considered to be appropriate for the PUD. Mr. Scheff cited an additional revision with regard to the maximum height being limited to 50' instead of lO0', as suggested in the ori- ginal PUD document. He affirmed that the petitioner has agreed to both revisions. Page 33 Hay 11, ~993 Mr. Scheff announced that one telephone call and one letter has been received in opposition to this petition for the following reasons: abundance of presently existing commercial development; timing of new commercial development; and deterioration of the quality of life. Mr. Scheff requested that the Commission approve this petition, subject to the CCPC's recommendation and the two additional revisions as mentioned above. Mr. Carl Barraco of Johnson Engineering, representing the Petitioner, stated that the entire project is located within an Activity Center, noting there is C-4 zoning on one side (Sam's Club}, C-4 zoning (water management lake for Sam's Club} to the south, C-2 to the east and a four laned roadway and canal to the north. Commissioner Norris voiced concerns with regard to the 10' buf- fering on the south side of the project and the uses that were pre- viously deleted. Mr. Scheff revealed that the intent was to eliminate the outside storage of large vehicles. Responding to Commissioner Volpe, Mr. Scheff advised that a caretaker's residence is a typical accessory use to the C-4 category. Mr. Barraco announced that the petitioner does not object to deleting the caretaker's residence from the accessory uses. Mr. Jerry Brown, representing the Citizens Against Residential Erosion (CARE}, spoke with regard to this item and requested that the petition be deferred to allow input from the residents in the area. There were no other speakers. Commissioner Saunders announced that the public hearing is closed. Mr. Barraco stated that there will be a dedication of 50' of right-of-way north of the parcel and an agreement has been reached with Transportation Services for a median opening and auxiliary lanes of right turn in and left turn in, noting there is proper access off Immokalee Road. In addition, he reported there As a cross easement agreement in place with Sam's Club to provide for traffic flow between the two projects. Page 34 May 11, 1993 Commissioner Volpe remarked that there is a mixed use within this Activity Center and this is one of the stffnature corridors Into the community. He noted that a 20' buffer will be provided between the dedicated right-of-way and the proposed out parcel. He recalled that in certain PUD's along U.S. 41, a 75' buffer has been required in order to provide a softening effect from the signs and buildings. Mr. Barraco explained that the 20' buffer is in accordance with current ordinances, and pointed out that the owners have already dedi- cated 50' of right-of-way. Discussions ensued with respect to the maximum gross square footage of the total project and the buffer along Immokalee Road. Mr. Barraco advised that 118,000 square feet is the total gross figure. In addition, he agreed to a 30t buffer along Immokalee Road. Oammimia~r ~onst~nttne moved, seconded by Commissioner Norris to approve l~tition 1~1D-92-9, snb~ect to stiffel stipulations, inclaxling the ~/tto~a! ~tttons u follow~: No caretaker's restdence~ out parcel b~tldiz~ to be a mintn of 1,000 square feet~ mtnin of · 30' b~ffer on I~okalee Road; adding ~uto and ho~e s~pply stores; li~ttt~M~ the ~axi= height to 50~; and the southern buffer to be 20'. Commissioner Volpe questioned whether the petitioner would be willing to eliminate gasoline service stations from the permitted uses. Mr. Barraco stated that he concurs with the recommendation to delete gasoline service stations from the permitted uses. ~mionew Constantine ~ended the ·otton to delete woltne · =¢~ the Commissioner Volpe remarked that there are 45 different uses in the PUD and not simply retail/commercial. He indicated that it appears this is a straight rezone to C-4. County Attorney Cuyler advised that tn the future, direction could be given to staff to reduce the number of uses In the PUD or have a mechanism for further review at a later date. Page 35 May Il, 1993 Commissioner Matthews voiced concern with regard to the 118,000 square feet of commercial, and the appearance of another strip mall. Upe~ call for the question, the ~otion failed 3/2 (Co~iesioner Volpe ~md~nionsr Matthews opposed}. Commissioner Norris suggested that in the future, staff should make clear to the petitioners that the Commission wants to know the concept of what is intended for the property, since blanket approvals will not be given to commercial property. Commissioner Matthews concurred, noting that she is not comfor- table with the long laundry list of permissible uses. Commissioner Volpe suggested that the uses be aggregated into retail/commercial, office/commercial, etc. Attorney Kevin Coleman of Cummings and Lockwood, representing the property owners, stated that if the desire of the Commission is to defer some of the uses to a conditional use process, he would be happy to work with staff and come back to the Board Instead of going back through the Planning Commission and starting over. C~x~i~immer Constantine ~ovad, seconded by Commissioner IorTis and =arried~nanimousl¥, to continue this itam for two w~eks, to allow the p~titio~er to work with staff and delete the uses that are not appr~prt&te. OltDI~&~l~1 93-23, 1~ PETITION PUD 81-8(2), JANES DAVIS OF COAST~LL, INC. I~I'Z]I~ A ~ FRON PUD TO PUD KNONN AS THE WINDST~R PUD - ~LDOPT~D~FB3~CT TO STIPUL~TIONS Legal notice having been published tn the Naples Dally News on April 22, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Saunders stated that in essence, this item is a down- zone, reducing the number of units from 749 to 549 and Increasing the type of dwelling uses including duplexes. Commissioner Volpe questioned the ownership of the properties. Planner Lord related that he has been advised by Scott Price, the 000 164 Page 36 Nay ll, 1993 Windstar Attorney that the East Sound Realty is in control of the Southpoint PUD and the Harrtngton South PUD. He reported that the Wlndstar PUD and the Bayfront parcel are owned by WS Realty, Inc. There were no speakers. ~tll~oner Smunders announced that the public hearing ie clooed. Co~B~ogtone~ Volpe ~ed, seconded ~ Cmtsstoner Coat.tine c~1~ i/O (~illt~er NO~tl ~t), to a~r~e Petitt~ ~81-8(2) ~t ~ce 93-23 ~ ~ted, n~Ject to .taff'. eti~latiu ~~ ~to ~din~ce ~k No. 60. (4IS) ~ ~~I~ ~~I~ A CO~T~ CONS~U~ION ~~ LI~ V~ ~ P~ FACILITIES AT ~ V~ILT B~ C~ F~ ~ ~ ~ ~I~TION Legal notice having been pub//shed tn the Naples Daily News on April 25, 1993, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened. Commissioner Saunders staled that this is a County petition to construct a bathhouse and associated walkways at the Vanderbilt Beach County Park. There were no speakers. Comm/~ton~r Saunders declared that the public hearing Is closed. COll~toner Volpe ~ed, meconded ~ Contssloner Morrtl ~d ~t~ ~~ly, to a~r~ ~ttt~m ~L-93-3, there~ adoring Page 37 ~ay ilo ~993 (~o~) Legal notlce having been published in the Naples Daily News on April 25, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Bellows reported that the petitioner is requesting that the Board of county Commissioners officially designate Weaver's Station as a historically significant site. Mr. Bellows explained that the property owner has been notified by certified mail of this hearing, and return receipt has been received, however, he has not contacted staff. In answer to Commissioner Matthews, Mr. Bellows explained that this property is zoned Conservation and designation as a historically significant site would provide the criteria as to what the property o~ner could do with the structures on site and would provide the opportunity to apply for federal and state funds for historic rehabi- litation. Commissioner Matthews stated that she would be more comfortable if the property owner would have contacted staff. Community Development Services Administrator Brutt indicated that there are restrictions as well as benefits to the owner. He noted that by doing certain things to his building, he may acquire funds from public groups and the Federal Government. He remarked that the Commission would be able to make certain mitigation agreements with respect to density, zoning and building. Mr. Brutt related that the property owner has requested approval via the Environmental Advisory Board (EAB) to raise the structure. He reported that the EAB questioned the historical value of the building and have asked for an agreement from the Commission to site the struc- ture. Page 38 ~ay ll, 1~93 In response to Commissioner Volpe, Mr. Brutt indicated that he has spoken with the property owner, James Billie, and he appeared to be quite interested in having his property desiglaated as a historical site. Mr. Brutt suggested that staff meet with the property owner to further discuss this matter and report back to the Commission. C~i~ioner Constantine ~oved, seconded by Cow~tssloner Matthe~ ~ ~l~~i~ously, that Petition HD-P3-1 be continued for two (T12) Legal notice having been published in the Naples Daily News on April 2S, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Finance Director Yonkosky reported that this Item Is a recommen- dation for the Board to adopt resolutions relative to budget amend- ments increasing the total appropriations of various funds. He advised that it is requtred by State law that the budget amendments be adopted via resolutions after an advertised public hearing. Mr. Yonkosky stated the the subject budget amendments have been previously acted upon by the Board. There were no speakers. ~Sio~e~ ~nderm mtated that the public hearing is closed. Ck:~i~lo~r Voll:~ ~oved, meconded by Commissioner Norrt. and c~t-ri~dm~nt~msly, that Budget A~rnd~ent Resolutions 93-24/2? be Page 39 Hay 11, 1993 (~2) R~f~O~ 93-195, R~ P~TITION V-93-5, BOB THINNE$ OF q. (~%IY~MINOR & VJ~T.M~ FROM/~g REQUIRED 30 ~ ~ 18.8 ~ I~R PR01~ERT~LOCAT~D &T 6~O ~CL~0~t~ RO~LD - ADOPTED SUB3ECT TO I~TITIORER'5 &~ Legal notice having been published in the Naples Dally News on April 11, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Saunders communicated that thfs is a request for a variance to permit an extsttng boathouse/garage to remain as currently constructed. He noted that the Planning Commission unanimously recom- mends approval of thts request. Planner Wayne Arnold explained that when this building was constructed it did meet the required setbacks, however, the Code has changed. He advised that the applicant is trying to sell this pro- perty and a title search revealed there is an encroachment 1nfo the setback. There were no speakers. Ck~lmtoner Volpe ~ved, seconded by Cmtssioner Sa~der~ and c~i~d un~~l¥, that P~tttton V-93-5 b~ appr~ed, ~ubJect to the Nttti~r's ~t, there~ adopting Resolution 93-195. Page 40 Hay 11, 1993 (~00) R~OLUTION 93-196, RE PETITION V-93-3, LICIA t.. BERMUDEZ REPRESENTING NICOmI~ ~. ~ REQUESTING A 12.2 FOOT VARIANCE FRO~ THE REQOIRED YARD ABUTTIN~ A RESIDENTIAL ZONE OF 25 FEET AND A 4.9 FOOT VARIANCE FRO~ THH R~N~IRED 15 FOOT SIDE YARD IN ORDER TO ALLOW USE OF AN KXISTIN~ STR~'FURE FOR COMMERCIAL PURPOSES FOR FROPERT~ LOCATED AT 2867 ~&I~HNTT AVENUE, W~ISPERING PINES SUBDIVISION - ADOPTED SUBJECT TO Legal notice having been published tn the Naples Dally News on April 11, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Saunders remarked that this item is a similar situation to the previous Item, with the exception that this is for a commercial use. Commissioner Volpe noted that the petitioner desires the variance so that he can use the existing building for a nursery, however, the property is zoned C-4. He cited if the variance is granted, the peti- tioner could use the property for any C-4 use, and noted he is uncom- fortable tn this regard. He remarked he would not oppose the variance being granted for an existing type of use, i.e. garden/variety store. County Attorney Cuyler advised that this restriction could be imposed with agreement of the Petitioner. Ms. Llcia Bermudez, representing the Petitioner, stated that she does not object to the restriction that the variance be limited to retail garden sales only. There were no other speakers. ~t~i~ S~unders announced that the public he~tng is closed. (k~ts~i~ Volpe morsel, ~onde~ by Commissioner Matthew~, to ~ l~tttton V-93-3, and that Resolution 93-196 be adopted nbJect to the ~tipulattons as a~ended. In response to Commissioner Norris, Planner Arnold stated that the current zoning of the subject property is C-4, and abutted by RMF-6 Residential to the rear of the parcel. Opon call for the question, the ~otton carried i/0 (Co~misatonar Volpe out of the roo~). Page 41 Nay 11, 1993 Legal notice having been published in the Naples Daily News on April 25, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Saunders advised that this item ts a request for a similar variance to reconstruct a carport over nine parking spaces, which was demolished during Hurricane Andrew. Planner Arnold stated that a 20' setback was previously required, but the Code has changed and now requires a 35' setback. Mr. William Jones related that the carport will be re-constructed as it was, prior to Hurricane Andrew. There were no other speakers. ~~to~ ~unders stated that the ~ubltc hearing is close~. Comm/~toner Constantine moved, seconded by an4 C~XTte4 4/0 (Cmtsstone= Vo]~ ~t of the rooB), to ~tttt~ ~-93-6, ~ that Resolution 93-~97 ~ adopted ~b~ect to Page 42 May 11, 1993 (1130) ~$-'190, l~ PETITION FDPO-92-6, ~DNARD HILLSTROM OF ~D~ARD A~"~IT~CT, INC., REQU~STINa A VARIANC~ FRO~ TH~ MINIMUM BASE FLOOD~ATION FO~ PROPERTY LOCATED ON BLUEBILL AVENUE, NORTH OF GIILF TRACT &AND B, BAKER-CARROLL POINT - ADOPTED SUBJECT TO Legal notice having been published In the Naples Dally News on April 25, 1993, as evidenced by Affidavit of Publication flled with the Clerk, public hearing was opened. Planner Scheff Indicated that this petition Is a request for approval of a 6 foot variance from the minimum required flood eleva- tion of 13 feet to 7 feet for a poolstde pavilion and restrooms. He explained that construction will commence tn conjunction with the building of Gulf Breeze Condominium, located on Bluebtll Avenue, East of Wiggins Pass State Park. Mr. Scheff reported that the subject property is comprised of 6.2 acres and the surrounding land uses are other condominiums. Planner Scheff revealed that this petition has been reviewed by all pertinent agencies and staff recommends approval, subject to the stipulations contained in the Petttioner~s Agreement. There were no speakers. Oesmi~i~ S~unders stated that the public hearing ts closed. C~maimto~er Matthews ~oved, seconded by Coatssioner S~undera and carried 4/0 (C~iesioner Volpe out of the roo~), to approve Petition FDPO-e2-~, m~b~ect to the Petitioner's Agreement, and that Resolution 93-100 be mSc,~ed. Page 43 Hay 11, 1993 DISCUSSION OF TOIFRISM ORANT PROORAM AND B~ R~O~ZS~ ~ PASS ~ITI~ ~ BI D~OP~D ~ SOLICI~ ~O~S~; ~ ~ Commissioner Saunders stated that the Tourist Development Council (TDC) ts ready to begin the process of soliciting proposals for the two different programs. In answer to Commissioner Matthews, Commissioner Saunders explained that the purpose of the 60% of the Tourist Development Tax was for beach maintenance, beach renourtshment, and pass dredging and maintenance. County Attorney Cuyler advised that there is a proposed agreement for advertising and promotion and a separate agreement for activities which promote tourism. He remarked that he will deliver the two agreements to the TDC for review and then come back to the Board if they approve same. Commissioner Volpe remarked that references to Collier County in the agreements should also include "Florida". Mr. Bill Neron spoke with regard to this Item. In response to Commissioner Volpe, Commissioner Saunders explained that the Intent ts to have May and June as application and review dates, but noted these dates may need to be changed to the fall. He remarked that the Commission would have to direct the TDC as when to begin soliciting responses to Requests for Proposals. Commissioner Saunders Indicated that work relating to the beach pro~ects would be presented to the City/County Beach Advisory Committee and then to the TDC. Commissioner Volpe reported that he would like to see the budget for the TDC established when the new fiscal year begins. ~Mte~e~ Constantine ~oved, seconded by Co~tm,tone~ ~n~=~-~t~m~nimly, to approve the two pro,tm; that the ~pproprt~tm doc~z~ent&tton be develope~ ~eces~arF to ~oltott Pmge 44 ~nd that th~ T~ur~st Development Council .be given the flextblllW to Co~issioner Saunders advised ~hat there ~s some anticipation that the Harco Isled Bond Issue will be re-pa~d or reimbursed ~n some Itu ~ ~~ 93-2~ ~INO RI~ B~ ~ ~ GOLD~ ~ KSTA~S CI~ ~~ ~~K - ~D~ ~ ~SOL~ION 93-200 ~~ ~ ~ P~T ~ ~~ ~ON - ~~ Administrative Assistant to the Board Filson revealed that this item is a request to appoint one member to the Golden Gate Estates Citizens Advisory Committee. She explained that this term is as the result of the resignation of Edward C. Ferrtnger. Ms. FJlson stated that a press release was issued and three appli- cants submitted resumes. She ~ndJcated that the Advisory Board is recommending the appointment of Dawn Dekker Plat to fulfill the remainder of the vacant term. Commissioner Matthews announced that there were problems at the last meeting of the Golden Gate Estates Citizens Advisory Committee. She called attention to an article in the Golden Gate Gazette, indi- cating that County staff was abused at this meeting. She divulged that upon listening to the audio tape of that meeting, she agrees that statements were made that should have not been made tn the presence of staff. Commissioner Matthews recommended that the person making the accu- sations and behaving in a manner that is not becoming to someone representing Collier County, be removed from the Committee. She explained that that person is Dick Braun. Commissioner Constantine divulged that he concurs with Commissioner Matthews' recommendation, and noted that he likewise listened to the tape and Mr. Braun's comments were savage attacks on staff. .... Commissioner Volpe remarked that the correspondence he received indicates Mr. Braun may have been inebriated at the time the comments Page 45 Hay 11, 1993 were made and suggestions have been made to have a policy stating that members should not be permitted to attend a meeting in a mind-altered state. CommUNist Norrim noved, seconded by Co~miss/oner N~tthe~ and c~A~ ~~ly, to r~ Riced Br~ fron the ~old~ Gate ~mta~ Cit~ ~imou Cmittee, there~ ad.ting Resolution ~~i~ ~tth~ ~, meconded ~ Co--AssAyer C~t~tlne ~ ~~ ~i~ly, to a~nt ~ ~er Platt ~ ~tth~ ~ te ~ ~1~ ~ate Emtat~ CltJz~e A~Amow Cmitt~, there~ 000 196 Page 46 May 11, 1993 ¢227o) DI~'~]~IO~ ~ OF SOLID WASTE ORDINANCE - STAFI~ TO BRIEF TIIE Commissioner Constantine remarked that some of the condominium associations are currently paying single family rates but receive com- mercial type service. He indicated this could save varying degrees of money, by having a commercial rate. Commissioner Constantine announced that he has received affir- mative responses by telephone from the condominium associations and two responses in writing. The consensus of the Commission was that staff brief this issue and come back with recommendations tn two weeks. (244o) lteJt~10D DISCl~ION~ RJt~I?&? PROTECTION ORDINANC~ MKXTING S~ FOR WKDJFKSI~Y, MAY 19, 1993 - M~KTING TO CORVKNK AND THKNBK COWTINUKD County Manager Dorrtll advised that notification has been received of a ma3or reception and program on May 19th at Everglades City, spon- sored by the Economic Development Council (EDC). He revealed that 250 written Invitations have been sent out. Mr. Dorrtll stated that the EDC is requesting that the first public hearing relative to the Habitat Protection Ordinance be con- tinued to enable the Commission to attend the meeting and reception at Everglades City. Mr. Bill Neron spoke with regard to this item. County Attorney Cuyler advised that the first public hearing may be continued up to five weeks, and the second public hearing needs to be approximately two weeks after the first hearing. The ~ of the Comtsslon wis to convene the meeting on May 19, 1~3 ~nd~nno~nce that it to hetng continued. (2840) BO&WDOFC~VJrTTC(~gilSSIORKRSt C0P~U~ICATION~ Discussions ensued with regard to the Noise Ordinance being placed on the agenda for review. Page 47 Hay 11, 1993 Commissioner Matthews stated that it appears that there ts the need for a separate hearing officer to deal with vartous land Issues. County Attorney Cu¥ler stated that staff has done an analysis as to the matters that should be heard by the Planning Commission. He explained that the Comm~ssion may desire a hearing officer process for appea~s to the Board of County Commissioners and a f~nal ~dec~s~on by the Board of County Commissioners. cee ~A~A~r ~tth~ ~ed, eeconded ~ C~A~sA~er ~ c~A~ ~A~sl~, t~t the foll~ng ~t~ ~der ~ ~t a~ ~ a~r~ ~d/or adoptS: It~ ~1 A~~ OF ~I~ ~R ~CAVATION ~IT NO. 59.462, 'SIL~ See Pages . ..C~(~...~'- Item ACCEPTANC~ OF ~ FACILITIES TIE-IN ~R ~lS VIL~GE AT ~T~ A~/A ~O~ ~ - ~ 8TI~TION ~ NOTE: Doc~ent not received as of July 19j 1993 See Pages Ita#l&l~ ACCEPTA~ OF NATER FACILITIES FOR VINEYARDS SALES AND ADMINISTRATION B~lw~Di~ - NITN ~TIFULATIONS AS DETAILED IN THE EXECUTIVE SUg~IARY See Pages NOTE: Document not received as of July 19, 1993 Item 9I~BI - Nov~ to Item lt~ ~G~ -- ~ to Ite~ #8B2 X~ ~16~ - ~ to Item ~8B3 Zt~ ~I~ - ~ to It~ ~8B4 I1~11~:~ TO CONTRACT BID I~91-1758 BETWEEN INTERIN HEALTHCARE AND OOLLID ~ SER~ICKS FOR SENIORS - IN THE AMOUNT OF $20,000 I~ TO CONTRACT BID ~90-1667 BETWEEN QUEEN FOR A DAY AND COLLIER CO~F]~fT~CH~ FOR SENIORS - IN THE AMOUNT OF $17,748 00,] 99 Page Hay 11, 1993 Iten#16D4 See Pages MORE DIRECTIVE UNDER THE CURRENT AJ~qOAL PROFKSSIONAL SKRVICES AGRKBIqENT W~TH NOT, K, MONTES AND ASSOCIATES, INC. RE KNGINKERING SB3~V~CES FOR REPAIRS MADE TO TH~ REGIONAL WATER TRKATMK]FF PLANT S&TISTAL'FIOSrB OF IIOTICK OF PROMISE TO PAY AND A~ TO EXTEND P&TNBJIT OF S~IIKR IMPACT FEES FOR GKORGK AND ALIOIA POOLE, LEE AND See Pages c~ / ~" ~/ Item 918E1 -- MOVed tO Item ~8K3 Item ~1681 M/D-YEAR ~~ TO WA~ ~AG~ 0~TING B~ (Fo~ 1~o) Itu tlflll REJECTION O, BID d~92-1962 FOR FERTILIZER AND FUNGICIDE PURCHASE FOR THK PKLICAII'KIkY SKRVICK$ DIVISION Item~16H2 MOREOSEDERUNDKR THE ANNUAL A~ FOR PROFESSIONAL ENGINEERING SEEV~CI~ M/TH ARCHITECTURAL ~'TI,K>P.~, INC. RE THE I~0KALKK ADMIIrIBTRATI0~*AND COURTS BUILDING - IN THE AMOUNT OF $42,500 Item ~1~!3 - I~let~d Item ,1a4 BODe~Y ~ I~JlIZING ADDITIONAL REVENUE FOR FUND 152, LELY (M~,F EBTATI~ BEAUTIFICATION M.S.T.O. Item d~6~S - Deleted Page 49 ADDITIONAL SENVICI~S OF CONSTRUCTION OF ~S ~I] ~ SEEPAGE ~ff R~~TION TO CHANGE ORDINANCE 89-11 TO BE CONSISTENT WITH S'fATE I~UL~T~0~ FOrfeiTeR SAFETY AND VESSEL CONTROL BID ~3-'2025 FOlt EXTERIOR WATERPROOFING/REPAIRS TO BUILDING A~t&.I~DTO PI~E~VATION S~tVICES IN TIFE AMOUNT OF 834,452 Ite~#l~J 14'ZSC~&~S CORRESPONDENCE - FILED AND/OR REFERRED The following m~scellaneous correspondence was fLled and/or referred as presented by the Board of County Commissioners: Page 50 May 11, 1993 Item #I631 CEI~TIFICATES OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY TH~ PROPEI~I"~APPRAISERtS OFFICE 1987 TANGIBLE PERSONAL PROPERTY No. 150 Dated 4/20/93 1988 TANGIBLE PERSONAL PROPERTY No. 144 Dated 4/20/93 1992 TANGIBLE PERSONAL PROPERTY Nors. 120/136 Dated 4/21/93 - 5/10/93 1991 REAL PROPERTY No. 234 Dated 5/6/93 1992 REAL PROPERTY Nots. 133/136 Dated 4/27/93 - 5/6/93 Item ,15J2 SATISFA~TIO~ OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Item #16K1 FORMAL SEALED BID PROCESS WAIVED; AUTHORIZATION OF PURCHASE AND INSTAF~T~ATION OF ULTRAVIOLET GERMICIDAL AIR DISINFECTION FIXTURES FOR THE JAIL MEDICAL EXAMINATION ROOM, JAIL MEDICAL DAY ROOM AND JAIL MEDICAL HOLDING CELL Item #16K2 BUIXIET AMENDMENT RHCOGNIZING FISCAL YEAR 1991/92 CARRY FORWARD IN THE I~AM ~NFORCEMENT TRUST FUND (608)- IN THE AMOUNT OF $8,664 Item #16K3 BUDGET ~NT RECOGNIZING FISCAL YEAR 199,/92 CARRY FORWARD FOR THE E91, ENHANCEMENT FUND 199 - IN THE AMOUNT OF $16,297 Item *16K& SERVIC~ A(IREEM~NT BETWEEN BI MONITORING CORPORATION AND THE COLLIER COUN~ PROBATION DEPARTMENT TO OPERATE THE "PROFILE" PHONE SUPERVISION SYSTEM FOR LOW RISK PROBATIONERS May ~ ~993 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 6:50 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL .- ,.'~, ~' ~ U ;,' :'<i~ · ., .. (,.. - . u/, . ~,.,' ~, ~'.,', ~'..,"i . . ,-. ~., , ~.~ v. ,. BURT L, SAUNDERS, CHA~AN ATT~: DWI~T E'~.' BRO~ ;,{: Q~K~ ~ as presented or as corrected 208 Page 52