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BCC Minutes 03/02/1993 R Naples, Florida, March 2, 1993 LET IT BE REMEMBERED, that the Board of County Commissioners tn and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special distr~cts 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 following members present: CHAIRMAN: Burr L. Saunders VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Bettye J. Matthews ALSO PRESENT: Dwight Brock, Clerk of Courts; John Yonkosky, Finance Director; Annette Guevin and Sandy Hurley, Recording Secretaries; E/lie Hoffman, Deputy Clerk; Neil Dorrlll, County Manager; Jennifer Edwards, Assistant to the County Manager; Ken Cuyler, County Attorney; Dave Weigel and Richard Yovanovich, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Tom Olliff, Public Services Administrator; B~ll Lorenz, Environmental Services Administrator; Leo Ochs, Administrative Services Administrator; Fred Bloetscher, Assistant Utilities Administrator; Bob Blanchard, Growth Management Director; Tom Conrecode, Capital Projects Management Director; Sandra Taylor, Real Property Director; Mike McNees, Budget Director; Steve Carnell, Purchasing Director; Ed Gehr~ng, Building Review and Permitting Director; Ed Maguire, Development Compliance Supervisor; Stan Litsinger, Growth Management Section Chief; Kev~n Hendrioks, Real Property Review Appraiser; Michael Dowling, Real Property Specialist; Ray Bellows and Philip Scheff, Planners: Sue F~lson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. 01' Page Narch 2, 1993 Tal~ #1 (2S3) Item #3 AGENDA - APPROVED Coma~eeLoner Norris moved, seconded by Co--lseLoner Hatth~ ·nd c~rr~ed unantlously, to approve the agenda w~th the changee ae detailed on the Agenda Change Sheet. ~oo~ f. JO0~,~,,~ 0'7 Page 2 ¢258) Item ;3A CONSENT AOENDA - APl)ROVED AND/OR ADOPTED March 2, 1993 The mot~on for approval of the consent agenda ~s noted under Item #16. (265) Item #4 MINUTES OF THE REOULAR MEETING OF FEBRUARY 16, 2993, AND SPECIAL MEETING OH FEBRUARY 17, 1993 - APPROVED Commialioner Volpe moved, seconded by Commissioner Norris and carried unani~ou~ly, to approve the Minutes of the Regular Meeting of February 16, 1993, and Special Meeting of February 17, 1993. Item EMPLOYEE SERVICg AWARDS - PRESENTED Commissioner Volpe congratulated the following employees and presented their service awards: Thomas Conrecode, Capital Projects Gary Arnold, Emergency Management Michael Smykowsk~, Budget & Management (331) Item - 5 years - 5 years - 5 years LINDA LINDSAY, ADMINISTRATIVE SERVICES DIVISION, RECOGNIZED AS EMPLOYE~ OF TH~ MONTH FOR MARCH, 1993 Commissioner Saunders congratulated Ltnda Lindsay on being selected Employee of the Month for March, 1993, presenting her w~th a $50 cash award and a plaque in recognition. (446) Item ~al&2 BUDGET AMENDMENTS 9~-165/167~ 93-169/172; ~3-174/17S AND 93-I80 - Coltseloner Va/ps moved, seconded by Commissioner Matthews and carried unanimously, to adopt Budget Amendments 93-165/167; 93-169/172; 93-174/178 and 93-180. ((~6) Ztm~l~6A3 BUDGET ~ RESOLUTIONS 93-19 THROUGH 93-21 - ADOPTED March 2, 1993 Co~ssionsr Volpe moved, seconded by Commissioner Matthe~t~ ~nd carried unanimonsl¥, to adopt Budget Amendment Resolutions 93-19 through 93-21. .~oo~ 000~- I0 Page 4 March 2, 1993 ItsR ~6D APPOINTMENY OF THE COUNTY'S EXTERNAL AUDITORS TO PERFORM FINANCIAL AUDITS OF THE SOLID WASTE COLLECTION SERVICE CONTRACTORS - APPROVED Finance Director Yonkosky recalled when the M.S.B.U's were established in 1990 for mandatory solid waste collection, the Board entered into two contracts with solid waste service providers. He said both contracts, with Immokalee Disposal Company and Waste Management, Inc., of Florida, call for a complete audit on an annual basis of their solid waste activities within Collier County. He men- rioted when Staff brought their recommendation to the Board for complete audits for 1991, along with the recommendation to appoint the County's external auditors to perform those audits, the Board opted to go with a limited scope audit. He asked the Board to appoint the County's external auditors to perform complete audits for 1992 in order to insure that Staff has adequate information available should there be future requests by the service providers to modify their contracts. He noted the cost for both complete audits will be approximately $45,000, and the funds are budgeted in the Solid Waste Department. In response to Commissioner Matthews, Phyllis Jones with Coopers & Lybrand, indicated the audits should be completed within 90 days. Com~tssionsr Volpe moved, seconded by Commissioner Matthews c~rried unanimously, to appoint Coopers & Lybrand to perform complete audits of the solid waste collection service contractors. ~tsm #~OD DISCUSSION REGARDING SELECTION OF EXTERNAL AUDITORS OF COLLIER COUNTY - O0~ISSIONER MATTHEW~ TO REPRESENT THE BOARD ON SELECTION COMMITTEE Responding to Commissioner Saunders, Commissioner Matthews agreed to represent the Board on the Auditor Selection Committee. Commissioner Norris asked for an explanation of a performance audit versus a financial audit. Phyllis Jones with Coopers & Lybrand, stated over the past several Page 5 March 2, 1993 weeks, representatives of her firm have visited a few departments under the Board of County Commissioners, and have met with members of ~he Utilities and Community Development Divisions. She Indicated ~heir major goal was to find out a little more tn-depth what their processes are for the purposes of doing a performance review. She remarked the general work plan they follow In doing a performance review ts to Identify the major processes tn each department, establishing a new customer tn Utilities or submission of a building [:ermtt request in Community Development, and watch~ng that process go from beginning to end. She stated they will then review the processes for inefficiencies, duplicative work, non-value added work, work per- formed by level of Staff that ts inappropriate and potential mis- staffing, over-staffing and under-staffing. She commented they will also review other departments that Impact the efficiency of the sub- ject department, to see if any changes w/thin those departments may be affected to Improve the efficiency of the division as a whole. She concluded their overall goal ts to determine ways to improve efficien- cies for the public. Ms. Jones affirmed Commissioner Saunders' comments that no money is being requested at this time, and Coopers & Lybrand will return w~th recommendations, Including their associated costs. County Manager Dorrtll suggested Coopers & Lybrand work through the Productivity Committee, because they are also working on the same two divisions, namely Community Development and Utilities. This being a discussion Item, no action was required. DISCUSSION OF COUNTY PARK STATUS IN GOLDEN GATE ESTATES - BOARD COMMITTED TO DEVELOPING PARK SITE IN GOLDEN GATE ESTATES IMMEDIATELY; STAFF TO R~"fURN WITH PLAN AND MULTIPLE SITE ALTERNATIVES IN 28 DAYS Tom Olllff, Public Services Administrator, referred to a map which he said iljustrates the rural Golden Gate Estates Planning Community. He noted most of the population ts centered around Golden Gate Boulevard and C.R. 951. Me recalled a survey on the preferred use of Page 6 March 2, ~993 ,,vatar funds was sent to approximately 5,000 residents, of which over 700 responses were received. He reported the number one response was %hat the funds be used for recreational fac/l/ties in the Golden Gate Boulevard/Wilson Boulevard area. As a result, he said, Staff has attempted to find between 25 and 40 acres of land, which is a tradi- tional amount of acreage for a County park; however, the largest tract ~va~lable in the preferred area is 13.03 acres. He remarked s~nce reporting the s~tuat~on at the February 9th Board of County Comm~ssioners meeting, Staff has been directed to accelerate develop- ment of the 56-acre s~te on Immokalee Road ~n lieu of acquiring the 13-acre slte. He concluded if one park is to be built, that would be the preferred site'; and if two park sites are selected, there should oe one located in the Golden Gate Boulevard/Wilson Boulevard area and she 56-acre site. He referred to the map to indicate locations to be considered if three or four park sites are to be developed. Commissioner Matthews communicated she would like to direct Staff to look at three or four smaller, neighborhood sites. She referred to a memo she prepared for the Board in which she compiled a preliminary cost estimate at a much reduced price from the originally anticipated cost, if the County becomes its own general contractor. The following people spoke regarding this item: Debts Phi/lips L~sa Hudson Kim Ellis Carol Engel Dawn Platt Matthew Hudson Sandra Anton Becky Weaver Jack,s Roop Denny Conley Everett Grant Ttna Clawson George Keller (Tape #2) Timothy Ferguson Chuck Stephan Angels McCormick Jean Warner John Cunnion Max Hasse Janet Mellersten Comm~ssioner Oonatant~ne commented the concept of a neighborhood park ~s very feasible, however, he is concerned with problems multiple sites will cause regarding staffing and programming. Commissioner Norris stated the argument about driving three miles go the 56-acre s~te does not persuade h~m, because other County s~tes are at least that d~stance away from most residents. He added if Page March 2, 1993 three or four sites are approved for the Golden Gate Estates area, he assumes that proposal will be in lieu of developing the 56-acre site. Commissioner Volpe remarked the concept of several sites seems driven by the lack of larger tracts being available in the Golden Gate Estates area. He suggested the Board has the power of eminent domain, and he would consider 'using that avenue in order to explore a 25-acre site. Gommissioner Saunders agreed with Mr. Ferguson that there are definitional and Growth Management Plan problems with the method which parks are currently defined. He also agreed the situation can be rectified very easily by directing Staff to look into amending the definition of parks in the Growth Management Plan, if the Board agrees the concept of regional and community parks has changed. Comm~slioner Constantine moved, seconded by Commissioner Matthews and carr~f~ unanimously, that the Board is committed to developing a ~urk in. Golden Gate Estates as an immediate priority; direct Staff to determine the appropriate definition adjustments as necessary; and Staff to bring hack recommendations regarding multiple sites and pro- posed years for development in 28 days. · '' Recessed: 11:25 A.M. - Reconvened: 11:40 A.M. at which t~me Recording Secretary Hurley rep/aced Recording Secretary Guevin (1974) Item STAFF TO KVALUATE AND EXPLORE ALTERNATIVES REGARDING DRAINAGE PROBLEM ON ORANGE BLOSSOM DRIVE, YARBERRY LANE AND ANTHONY COURT AND TO RETURN TO THE BOARD OF COUNTY COMMISSIONERS IN 30 DAYS Mr. Eugene Cox approached the Board on behalf of the petition regarding the drainage problem in the Orange Blossom Drive, Yarberry Lane and Anthony Court area. He stated the main problem is the pre- development of the area that has restricted the drainage which historically used to flow. He indicated the development of the Crossing's, the Industrial Park and Arbour Walk have elevations of one foot to two foot above the land which have created drainage and floodlng problems in the area. He added the Crossing's placed a § Page 8 March 2, 1993 foot wide berm around the eastern boundary which closed the drainage to the west, and the Industrial Park and Arbour Walk closed the drainage to the south. He stated since the development has been completed, he is experiencing a great deal of flooding in the Orange Blossom Drive, Yarberry Lane and Anthony Court area. Ms. Rhonda Yarberry addressed the Board noting that her property line runs parallel with the access road to the apartments. She indicated when it is raining the water runs along the curb and the road where Yarberry Lane intersects, and flows on to her property. She said her well is under water and she is concerned with the bac- teria elements. She indicated 70 percent of her property is under water which creates an island effect during the rain season from June through October. She advised the Board should put a stop to the Bear Creek development proposal and have Owl Hammock Nursery stop the watering onto her property. She expressed other suggestions such as to open new drainage ditches along Yarberry Lane and Orange Blossom Drive. Westley Leon approached the Board and stated his property is 90 percent under water during the raining season, due to the development of the area. Transportation Services Administrator Archibald furnished the Board with a map of the area, (Copy not provided to the Glerk of the Board). He said staff recommends going ahead with the Bear Creek pro- Ject, adding he is in contact with the developer of Bear Creek and is attempting to obtain drainage easements. He noted the water level gets to an unexceptable high level before it reaches a point where it begins to run to an outfall; notinG the only outfall would be to get the water to Airport Road through the cross drains under Airport Road and then to the canal. He stated that this is the only alternative that staff can see as viable with regards to cost. Commissioner Norris asked Mr. Archibald if it is the intent of staff to install a drain at the border between Bear Creek and Arbour Walk, to which he replied in the affirmative. He said he believes Page 9 March 2, 1993 there ts concern of the owners and staff will work out a direct con- nection or route the water to AJrport Road. Mr. Archibald stated that Staff has not conducted a study of the area but the buildJng of projects throughout the years has caused drainage problems. In answer to Commissioner Vo]pe, Mr. Archibald said there is a positive outfall between the Crossing and the waters of the Gordon River. Commissioner Volpe stated if the flow goes to the east there is a number of locations along Airport Road where pumps have been Installed to pump the water to the canal. In answer to Commissioner Volpe, Mr. Archibald stated that there is an easement on the southern boundary of Bear Creek for drainage purposes. CommtssJoner Matthews asked Jf Arbour Walk is causing the problem should they be asked to help fix the problem, and further questioned tf there are any stipulations in the planning stage that requires ele- vations and water flow direction. Mr. Archibald replied that staff looks at a project and uses the elevations that are provided for the project. Commissioner Saunders stated that staff should be given direction to evaluate and explore alternatives to solve the drainage problems In this area and return to the Board of County CommJssioners tn 30 days. (3245} Item MR. CLIFFO}~D FORT REGARDING AN EXTENSION FOR A BUILDING PERMIT - P~RMIT R~I~;STATED FOR APPLICABLK Mr. Clifford Fort stated that his permit was forced into expira- tion prior to the land use plan that was adopted by the Commission. He advised the Board that he was issued a residential building permit and he ts ~ntltled to electricity and all the land uses that existed prior to changes. He questioned if he has legal ingress to h~s resi- Page 10 March 2, 1993 dence. He replied that it will be difficult to be on a generator for the next 20 years, until the Department of Natural Resources (DNR) decides what they will do with the property, and when they will buy lt. He indicated that he is hoping the Board will reinstate his per- mit, pending the determination of what land use he has. Mr. Frank Brutt, Community Development Services Administrator, advised the Board the petitioner pulled his building permit in January, 1992. He sa~d in July, 3992, Mr. Fort asked for a 90 day extension which was granted. He said the extension expired in October and Mr. Fort did not come back for another 90 day extension. He indi- cated the building code requires the petitioner to request a second extension before the expiration of the first extension. He noted the code states that if good cause has been shown for the suspension, delay or abandonment of the project, the contractor may be allowed to renew his permit, providing he pays the appropriate fees. He said in a conversation with George Archlbald and staff, it was indicated that there ~s no need to request the increase in the transportation fee, however, staff does not have authority to waive the school impact fee, which is approximately $1700.00. Commissioner Norris questioned the original issue date of the building permit, to which Mr. Brutt stated it was issued ~n January, 1992, and at the end of slx month'~ there was a request for a 90 day extension. In answer to Commissioner Norris, Mr. Fort said at the time the permit was issued there were no problems, adding that the legal description and the easements appeared to be in order. In response to Commissioner Saunder~, Assist~.~t County Attorney Wetgel replied that the school impact fee ordinance ~'as passed in 1992, but the Board does not have a way to waive the impact fee. Commissioner Volpe questioned if the Board has legal authority to reinstate a building permit that has already expired7 Assistant County Attorney Weigel noted that if the Board finds that good cause has been shown for the suspension, delay or abandon- 20 Page March 2, 1993 ment of a project, the contractor shall be allowed to continue the project under the ortginal permit, subject to the extension of filing fees. Commtssloner Volpe moved to waive the appl~cation fee for the new building permit and based on staff's recommendation issue a credit on the transportation impact fee. Commissioner Saunders questioned if the Board can make a finding based on the circumstances of this particular case as to whether his rights in terms of the development of the single family home can be fixed as of January, 1992, as well as the impact fees that were in effect at the time. Assistant County Attorney Wefgel replied that it ts not Mr. Fort's faul'~ that he has not been able to proceed with his project. Com~ts,ltoner Saunders asked if Commissioner Volpe would withdraw his motion, to which Commissioner Volpe agreed. Commissioner Saunders moved, seconded by Commissioner Norris, and carried 4/1, (Commissioner Volpe opposed) to reinstate the existing building permit for 12 months with January, 1992, impact fees being applicable. (364) Item CLARIFICATION OF ACTION OF JANUARY 2S, 199~, BOARD OF COLLIER COUNTY COMMISSIONERS MEETING REGARDING THE PINE RIDGE BERM - BERM TO REMAIN IN PLACE Commissioner Saunders stated he has received phone calls con- cernlng the removal of the berm on Center Street. He stated hls intention was that the berm would remain in place and that Mr. Archibald would monitor traffic with regard to action the Board took on January 26, 1993. County Manager Dorrtll noted that the minutes of that meeting were not clear. Commissioner Matthews Indicated that she thought the County would open Center Street and examine the traffic and install traffic devi- ces. Commissioner Constantine stated that he thought the County was Page 12 March 2, 1993 going to remove the barricade and install traffic control devices such as stop signs, speed bumps, and as a last resort, a berm. Transportation Services Administrator Archibald said staff will proceed with a traffic study and within a 60 day period will deliver the study to the Board. The following person spoke regarding this item: Michelle Jones After further discussion, ~t was the consensus of the Board that the Center Street berm remain ~n place. J'' Deputy Clerk Hoffman replaced Recording Secretary Hurley ''' (~2o) Item ,8A1 RECOMMENDATION TO REVIEW AND APPROVE A PROPOSED ORDINANCE AS TO RE-ESTABLISHING THE CITIZENS ADVISORY COMMITTEE FOR THE GROWTH MANAGEMENT PLAN FOR REVIEWING ADOPTED LEVEL OF SERVICE STANDARDS FOR PUBLIC FACILITIES - COMMITTEE NOT TO BE RE-ESTABLISHED Stan Litsinger, Growth Management Chief, recalled that in the past, the Board expressed a desire to re-establish the Collier County. Planning Commission Citizens Advisory Committee (CAC) on an ad hoc basis to review adopted Level of Service Standards. Mr. Lttstnger stated that the proposed ordinance, as drafted, pro- vides for a 13 member committee. He remarked that upon approval from the Commission, the ordinance will be advertised in the Naples Daily News to seek resumes from interested applicants. Mr. Litsfnger indicated that it is proposed that the CAC make their recommendations to the Board of County Commissioners through the Planning Commission by July 1, 1993, so that if any of those recommen- dations are found appropriate they will be incorporated into the amendment cycle that will be forthcoming in September or October, 1993. In response to Commissioner Volpe, Mr, Lttsinger advised that the original Levels of Service were established by the original CAC during the preparation of the Growth Management Plan. Commissioner Volpe mentioned that the Board recently adjusted the Page 13 March 2, 1993 Levels of Service with respect to Libraries and Solid Waste. He suggested :If Transportation is the key issue, a task force could look at whether the Levels of Service are realistic since thelr is a signi- ficant shortfall. He indicated that he is uncertain whether the ordi- nance, as drafted, would enable the County to get where it wants to go. Fred Tarrant spoke with regard to this item. Brad Estes left the meeting but his comments were read by the Manager Commissioner Volpe stated that he is not supportive of reconsti- tuting the committee. He indicated that he is willing to wait until FY 93/94 to re-evaluate the Levels of Service. Commissioner Constantine explained that he is not pleased about resurrecting another committee, but cited concerns relating to the major shortfall, and voiced support of re-establishing the committee. CommtsE~loner Matthews concurred with Commissioner Vo]pe's remarks. Commissioner Norris commented that it will be an extended period of time before all the information is received. He indicated that he is certain that many of the ma3or civic organizations would be willing to provide their input relative to the Levels of Service, and there- fore, is not supportive of re-establishing the committee. Commissioner Saunders remarked that the citizens committee that worked on the Comprehensive Plan did so for about two years and spent thousands of hours developing the Levels of Service which were adopted by the County Commission, as presented. He noted that he believes it would be appropriate to reconstitute the committee to evaluate the Levels of Service. Commissioner Volpe moved, seconded by Commissioner Matthews and c&rrled 3/2 (Co~tssioners Constantine and Saunders opposed), that the C~ttzens Advisory Committee not be reconstituted. (~3~0) Item ~8A2 RESOLUTION 93-86, REVISED BUILDING PERMIT FEE SCHEDULE - ADOPTED WITH CHAN~ES Community Development. Services Administrator Brutt advised that this item is a recommendation to adopt a revised building permit fee schedule. Mr. Brutt explained the intent of the schedule. March 2, 1993 He noted that the first part refers to the creation of a "Convenience Permit" for those activities in which no plans are checked by staff prior to the time the action takes place, i.e. re-roofing or screen replacement. He reported that there are approximately 5,000-6,000 activities that can be dealt with through the "Convenience Permit". He indicated that this system allows a builder to purchase a book of I0 coupons for $300 for that specific activity. Mr. Brutt advised that one part of the coupon would be posted on the 3ob site and one portion of the coupon would be returned when the inspection is desired. He noted that a tremendous amount of time and effort can be saved from the contractor's using this type of "Convenience Permit". Mr. Brutt pointed out that the second part of the fee schedule relates to penalties for those who do not pick up building permits and then go out and do the work. He cited that a survey of other com- munities reveals that Collier County's penalties are quite low. Mr. Brutt presented a handout reflecting changes to Pages 9 and 10 of the Executive Summary. He explained that staff proposes a fine of four times the amount, if a person fails to obtain a building permit. He indicated if the application fee is less than $500, the penalty would be four times that amount. Mr. Brutt called attention to his handout, Item "T". He reported if there is a $400 permit fee and that permit is not obtained, the fine would be $1,600; however, if the cost of a permit is $600 and it is not obtained, the fee would be doubled ($1,200). Mr. Brutt remarked that quite frequently the building permit applicant, the owner/contractor, will change the sub-contractors on a particular 3ob and this requires a considerable amount of paperwork on the part of staff. He suggested that a fee of $42 be charged for this paperwork. Mr. Brutt announced that these items have been presented to the Page March 2, 1993 CBIA, Sub--Contractors Association and the County Attorney's office. He advise(] that staff is recommending approval of the revised fee schedule. George Keller spoke with regard to this item. Commissioner Saunders suggested if the cost of a permit is less than $500 and that permit is not obtained prior to starting work, that the penalty be $1,000, and if the cost of the permit is more than $500, than the amount of the fine would be doubled. Co~itlsioner Norris moved, seconded by Commissioner Constantine to approve the revised Building Permit Fee Schedule with a minimum penalty of $I,000 and the doubling of all permit fees. Upon call for the question, the motion failed 2/3 (Commissioners Volpe, Matthews and Saunders c,pposed). Co~amissioner Volpe moved, seconded by Commissioner Norris and carried ~u3animously, to approve the Revlsed Building Permit Fee Schedule, ms presented, with the amendment that a maximum penalty of $1,000 be charged for all permits under $500, thereby adopting Resol~tion 93-86. Page 16 March 2, 1993 Item ~8A4 ACCEPTANC]I OF WATER FACILITIES FOR VERANDAS AT TIGER ISLAND ESTATES - APPROVED :]UBJECT TO STIPULATIONS Community Development Services Administrator Brutt stated that this item and Item #8A5 were originally on next week's consent agenda and have been reviewed by staff. Mr. Brutt indicated that staff is recommending approval of both items, subject to the stipulations as detailed in the Executive Summary. Co~illsioner Volpe moved, seconded by Commissioner Norris and carried %u~mnimously, to approve the water facilities for Verandas at Tiger Island Estates, subject to the stipulations as referenced in the Executive Sn~mary. RECORDED IN OR BOOK 1822 Pages 1109 - 1123 (2900) RESOLUTIO;; 93-87, GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "THE VERANDAS ;it TIGER ISLAND, UNIT ONE" - ADOPTED, SUBJECT TO STIPULATIONS Community Development Services Administrator Brutt announced that this item is a recommendation to grant preliminary acceptance of the roadway, drainage, water and sewer improvements for the final plat of "The Verandas at Tiger Island, Unit One". Commi~rsioner Volpe moved, seconded by Comm~issioner Matthews and carried unanimously, to accept the roadway, drainage, water and sewer improvements in "The Verandas at Tiger Island, Unit One" and that Resoluttor~ 93-87 be adopted, subject to staff's stipulations. Page 17 March 2, 1993 Item #8C1 CONCESSION SERVICES AT CLAM PASS PARK - STAFF TO RENEGOTIATE WITH ASSOCIATION OF UNIT OWNERS OF THE REGISTRY RESORT OF NAPLES, INC.; EXISTING AGREEMENT EXTENDED FOR 90 DAYS Public Services Administrator Ollfff stated that this item is a request for direction with regard to RFP 93-2002 relating to the con- cession at Clam Pass Beach Park. He indicated that the County had recently bid the concession after the current concessionaire chose not to extend the current agreement for an additional two years. Mr. Olliff reported that staff's bid package included tram ser- vice, food and equipment sales and maintenance costs. He explained that 14 bi,~ packages were sent out and one proposal was received which included several exceptions to the RFP, however, staff did not feel they could recommend that the Board consider accepting that proposal. Mr. Ol.[iff explained that the Executive Summary outlines an option for the Board's consideration. He Indicated that this option recommends that the sole proposal be rejected; that the County provide tram service /n-house. He noted that the tram service along with food and equtpm~:nt sales does not provide an opportunity for a regular con- cessionair~.· to be able to provide all those services and make enough in revenues to turn a profit. Mr. Ol]ltff stated that should the Board desire to re-bid in order to have coi~petitive proposals, staff is recommending that the tram service expense be deleted and re-bid the food and equipment sales separately. He provided a handout for this option, which is an addi- tional $75 ,.000. Mr. Ol:[fff called attention to a second option, presented by the AUO which closely resembles the current contract with the con- cessionatre with the exception of removal of the concession fees that are paid to the County. He remarked that the additional cost to the County to provide this service ts $30,000. The following persons spoke with regard to this item: Emily ~laggl o Chris E;traton (also provided comments from Barbara Bova) George Keller Page 18 ~arch 2, 1993 Charles Popper F. Joseph McMackin III A discussion ensued with regard to the cost of operating the tram service. Commissioner Saunders remarked that the AUO is willing to accept a $100,000 loss in order to have some quality assurance of the opera- tlon, and noted there is a $45,000 difference. In answer to Commissioner Volpe, Mr. Ollfff reported that the AUO submitted a bill to the County for a leased generator that was pro- riding interim electricity. He indicated that the County currently has a lease agreement to provide generator services at the park. Commissioner Saunders indicated if there is a reduction from 20~ to 10~ of the gross take from the Registry, the net loss to Collier County would be $25,000 and the AUO would have a net loss of $125,000. He suggested that Attorney McMacktn talk with the AUO and see if there is a way to split the difference. Commissioner Volpe stated that he is troubled by the $100,000 bill for unpaid electrical costs submitted by the Registry. He related that he would like to see some type of compromise reached. Commissioner Saunders remarked that this is a separate issue from the Concession Agreement and suggested that the two issues be handled separately. Co~issioner Constantine moved, seconded by Commissioner Volpe that staff be directed to pursue Option #2, with the stipulation that the AUO discuss splitting the $45,000 difference and the potential reduction in the a~otlnt of gross the Cowry t~es. Commissioner Norris requested clarification of the motion. Commissioner Saunders explained the intent of the motion to be that the tram will remain a Registry Resort operation and staff will meet with the representatives of the AUO to determine the amount of the concession percentage and come back to the Board with a package. Co~ss.ioner Const~tine ~ended h~s motlon to include a 90 day Page 19 March 2, 1993 extension of the existing agreement for purposes of worklng out the details of the proposal and at the end of the 90 days if there ~s no resolution, the County will take over the service. Commissioner Volpe accepted th,e ~ndment with the exception of taking over the service. Upon call for the question, the motion carried unanimously. (235) ..._ Item #8D1 CONTRACTS ~FD AMENDMENTS FOR ENGINEERING, 0N-SITE INSPECTION AND PROJECT CO0[~DINATOR CONSULTING SERVICES AT THE NORTH COUNTY REGIONAL WATER TREA~NT PLANT - APPROVED Assistant Utilities Administrator Bloetscher advised that the Executive Summary provides a brief history of the status of the North County Regional Water Treatment Plant. He indicated that an eva- luation by staff reveals that the project is approximately 150 days late from the initial contract completion date. Mr. Bloetscher reported that on February 9, 1993, the Board directed staff to bring back a series of agreements or amendments to agreements to have a person on-site, utilizing Trauner Consulting Services to provide day to day coordination of the project. In addi- tion, he indicated the necessity of an outside organization for a third-party review of the situat~on with regard to future litigation. Mr. Bloetscher pointed out that there is a contract amendment from Boyle Engineering. Mr. Bloetscher recommended that the Commission approve two contract amendments and a new contract with MGT, Inc. He announced that staff ].s confident that there will not be a problem meeting the season's necessity. Co~issioner Volpe moved, seconded by Commissioner Norris and carried unanimously, to approve the recommendation of staff, as outlined in the Executive Summary. Page 20 March 2, ~993 Item RECOg~ENDATION TO AWARD BID NO. 92-1980 RE ANNUAL AND RENEWABLE CONTRACTS WITH PROFESSIONAL SERVICE PROVIDERS - FAILED Real Property Review Appraiser Kevin Hendrfcks explained that because capital improvements need to be in place in order to meet con- currency requirements to avoid moratoriums and recognizing that per- mfttfng is becoming increasingly difficult and can change where to locate capital improvements, places the acquisition of the real pro- perty, once the location is determined, in a bind. Doug McGilvra spoke with regard to this item. Mr. Hendricks pointed out that a contractor will be required to submit the total number of hours anticipated per task, prior to authorizing that firm to go to work. C~m~issioner Norris moved, seconded by Commissioner Saunders to accept staff's recommendation to approve the award of contracts to the various firu, as outlined in the Executive Summary. Commissioner Volpe noted that Coastal Engineering Consultants are pre-qualified as airport consultants as well as title abstracters, citing that he ts uncertain as to why a sub-consultant would be uti- lized. Commissioner Matthews voiced concern with regard to other com- panies on the list that have bid under a sub-contractor relationship with companies from outside Collier County. Purchasing Director Carnell reported that there are six c]asst- ftcatlons of services from which proposals were solicited. He affirmed that these types of services are not subject to the com- petitive negotiation act. He indicated that the list of the sub- consultants depicts the lowest qualified bidders by each category. Upon call for the question, the motion failed 2/3 (Commiss~oners Volpe, Constantine and Matthews opposed). (8~0) Item ,8G1 RECO~NDATION TO ADOPT A RESOLUTION ESTABLISHING THE WIGGINS PASS ADVISORY BOARD - ADVISORY BOARD NOT TO BE ESTABLISHED '40 Page 21 March 2, 1993 Environmental Services Administrator Lorenz advised that this item is a recommendation for the Board's approval for the creation of the Wiggins Pass Advisory Committee. Mr. Lorenz indicated that a Policy within the Coastal Zone Management Plan was to create the Wiggins Pass Advisory Committee to guide the development of the Wiggins Pass Inlet Management Plan. He recalled that there has been quite a bit of controversy with regard to diverse views of how the Pass should be dredged and maintained. Mr. Lorenz announced that this would be an ad hoc committee with membership criteria identified on Page 6 of the Executive Summary. Mr. Lorenz called attention to Section Seven of the proposed Resolution which should be modified as follows: "Any Committee member shall be automatically removed if he or she is absent from more than one half of the scheduled and advertised meetings during the life of the Committee..." He stated that this language would conform with the current Advisory Board Ordinance. Commissioner Volpe remarked that there is a specific advisory com- mittee to Wiggins Pass and questioned whether there should be one committee to look at the entire coast line and advise staff to same. The following persons spoke with regard to this item: Emily Magglo Inge Johnstone Chris STraton Mr. Lorenz stated that the proposed committee would look more spe- cifically to the Inlet Management Plan, Co,,~isaioner Matthews moved, seconded by Commissioner Norris and carried uxum/~tmously, not to establish the Wiggins Pass Advisory Couittee. Item tSH1 REPORT ON R/U/ENUES THROUGH THE FIRST QUARTER OF FISCAL YEAR 1993 - NO ACTION Office of Management & Budget Director McNees presented the report on the revenues through the first quarter of Fiscal 1993. Page 22 March 2, 1993 Mr. McNees potnted out that the numbers in the far left hand column of the report represents actual in the bank collections through December 31st0 He noted that this number is compared to what was budgeted for the first quarter and projected as to what is ant~cipated to be received in the full fiscal year and then a variance number is given. Mr. McNees stated that there are serious variances in each of the impact fees, noting that there was a rush in building permits at the end of the year. He indicated that staff will be monitoring this situation, however, there ts nothing of particular alarm. Mr. McNees remarked that staff will present another report in three months and advise if any major correct~ons need to be made. No action ts recfutred on thls item. Item ~8H2 RECONSIDERATION OF RFP ,92-1989 RE DESIGN OF THE VINEYARDS COMMUNITY PARK - AWARDED TO DESIGN STUDIOS WEST, INC. Office of Capital Projects Management Director Conrecode recalled that this item was discuSsed on February 3, 3993, at which tJme the Commission directed a review of two specific considerations wlth regard to the contract. Mr. Conrecode reported that the first item of conslderatJon ~s the re-use of an existing community center design. He noted that there have been three substantial code changes which will require additional re-design. He reported that the previous designer was contacted and the re-use fee would be $8,000. He indicated that there will be a net savings of $2,000 for the re-use of the facility. Mr. Conrecode explained that $2,000 savlngs would be worth modifying the design and having a new conceptual design for the Vineyards Community Park. He cited that this would create a facility, more amenable to park staff use and would present a facility that would tie in the architectural design with the existing school slte. Co~mlssioner Constantine moved, seconded by Commissioner Matthews Page 23 March 2, 1993 and carried unanimously, to award RFP #92-~989 to DesiGn StudJo~ West, Inc. Page 24 March 2, 1993 Recess 3:20 P.M. - Reconvened 3:38 P.M. Item #gA E~COMM~NDATION TO REVIEW AND ACCEPT CONSTRUCTION AND OPERATION COMMITMF2TI'S BY THE LANDOWNER RE SOUTH MARCO BEACH PARKING LOT - COMMISSIO~ER NORRIS TO MEET WITH VARIOUS ASSOCIATIONS AND REPORT BACK WITH ALTEP~ATIVE PROPOSAL County Attorney Cuyler advised that the eminent domain case with regard to this item has been filed, answers have been filed and the case is on-going. He indicated that the landowner has submitted a list of proposals, as outlined on Page 4 of the Executive Summary. County Attorney Cuyler detailed the general provisions contained in the landowner's stipulation outline. County Attorney Cuyler indicated that the purpose of th.is item is to obtain public input and that the Board make a determination as to whether there would be a basis for settlement between the parties. Commissioner Norris stated that the cost to develop the parking lot as proposed would be $752,812 and $293,000 for the Ttgertail Expansion. In addition, he remarked that the County would assume the responsibility of operation at $88,300 per year. He indicated that 150 parking spaces would be converted from semi-public use to full public use, citing that this may not be the best use of taxpayers dollars. Public Services Administrator Ollfff explained that the $752,812 figure includes the parking lot, guard house, restroom facility, exterior wall and upscale landscaping. In response to Commissioner Constantine, Mr. Olltff reported that there is a $200,000 difference between the initial construction costs and actual operating costs without the additional stipulations. The following persons spoke with regard to th~s item: 3an Haduck George Carse David Bruner George Keller Charlotte Westman Harry Cowin Frederick Kramer Frank Blanchard ~00~ ~?~£ ~ Leslie Liabo Smith Thompson Page 25 March 2, 1993 Tape ,S Commissioner Volpe remarked that the developer still has tftle and is not looking for compensation of the land. Commissioner Norris explained that the developer in this case has already received some benefit from the Collier County taxpayers in the additional stories of his building. He cited that it is the Collier County ta:Kpayer who deserves to have this beach parking lot. He stated that the developer has agreed to develop this parking lot and deed it to the Marco Island Civic Association. He asked Mr. Cowfn if MICA would be willin§ to allow any citizen of Collier County to uti- lize this parking lot at any time. Mr. Cowfn replied that he is unable to provide an answer but noted that he will talk to the MICA Board and suggest that the members be polled. Commissioner Saunders suggested that Commissioner Norris be designated to negotiate on behalf of the Board of County Commissioners to resolve this matter. Co~i~lsioner Volpe moved, seconded by'Co~missioner Norris and carried ~mnimously, not to accept the stipulated outline as presented by the l~%d owner; and Commissioner Norris designated to meet with the various A~sociations on Marco Island and come back with an alternate proposal to be considered in 30 days. (1534) Item #IOA RESOLUTION 93-88, APPOINTING LEONARD WATCHOWSKI TO THE PUBLIC VEHICLE ADVISORY COMMITTEE - ADOPTED Administrative Assistant to the Board Fllson stated that this item is a request to appoint one member to fulfill the remainder of a vacant term on the Public Vehicle Advisory Committee which will expire on September 2, 1993. She reported that she received one resume from Leonard Watchowskt. Co~Ri~ioner Constantine moved, seconded by Commissioner Matthews and carried unanimously, that Resolution 93-88 be adopted, appo~nting Leonard Watchow~ki to the Public Vehicle Advisory Committee. Page 26 Hatch 2, [993 (15~o) Ite~ LAND DEVELOPMENT REGULATION CHALLENGE - COUNTY ATTORNEY TO RESPOND TO LETTER FROM DCA Commissioner Volpe remarked that the County has been threatened by a lawsuit from DCA and staff indicated that they needed an additional week to properly prepare and advise the Board in this regard. Environmental Services Administrator Lorenz announced that in June, 1992, staff was directed to implement the Coastal Zone Plan, subject to coming back to the Board in September and advise what ordi- nances and regulations would be developed to implement the Plan. He indicated that staff has submitted several of the regulations to the County Attorney's office in addition to the Habitat Protection Ordinance which will move toward meeting the requirements of the Plan. Mr. Lorenz stated that the review by the County Attorney's office should be completed and documentation presented to the Planning Commission by the end of April. Commissioner Volpe questioned whether the County Attorney's office will be responding to the letter from DCA. County Attorney Cuyler advised that he wtll be responding to the letter from DCA. (17~) Item #12B! PETITION I~D-90-26, MRS. ROBIN CARVER OF WILSON, MILLER, BARTON AND PEEK, REPreSENTING MR. HANK MORELISSE, JR., DYNABEL PARTNERSHIP REQUESTING A REZONE FROM "A" AGRICULTURE AND "A-ST" TO "PUD" FOR PROPERTY LOCATED ON THE NORTH SIDE OF THE FUTURE C.R. 860, APPROXIMATELY 5,000 FEET EAST OF OLD U.S. 41 - CONTINUED TO 3/23/93 Legal notice having been published in the Naples Daily News on February 3, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Bellows presented Petition PUD-90-26, and noted that the petitioners are requesting a rezone from Agriculture to PUD to develop a low-denslty community, incorporating 390 residential dwelling units. He indicated that the total project area consists of 190 acres. He Page 27 March 2, 1993 announced that a compatibility study conducted by staff indicates that the rezoning to PUD provides dwelling units with similar development standards to the other exist.lng or zoned residential developments Jn the area. Mr. Bellows stated that the site is designated Urban Residential which allows for a base density of 4 dwelling units per acre, however, this project is within traffic congestion zone which reduces the den- sity by one unit. He noted that the project does not provide an interconnect with adjacent properties and therefore, loses another dwelling unit per acre, resulting in two dwelling units per acre. Mr. Bellows announced that since the petitioner proposes two units per acre, this rezone is consistent with the Growth Management Plan. He affirmed that the petition has been reviewed by all required County agencies and they have determined that no Level of Service would be adversely affected. Mr. Bellows explained that staff's review of the Traffic Impact Statement indicates that the project will generate approximately 3,081 trips per day and this exceeds 5~ of LOS "C" volume of the proposed C.R. 860 design volume and would not lower the adopted LOS "D" stan- dard. Mr. Bellows provided a handout depicting revisions to the Transportation Stipulations (copy not provided to the Clerk's Office). Mr. Be/lows indicated that the Planning Commission unanimously recommends approval of this petition. He cited that objections have been voiced by the adjacent property owner to the north, requesting that access be provided. He advised that additional access may be obtained from the north, west and the current C.R. 860 along the western edge of the project. Commissioner Volpe remarked that he has concerns relative to this project. Ke noted that there is currently no legal access to this property and there is no immediate plan for funding. Mrs. Robin Carver of Wilson, Miller, Barton & Peek, Inc. reported that this is a low density, high quality project. Page 28 Commissioner Volpe questioned whether the applicant would be willing to make a firm commitment to provide the access. Mr. Alan Reynolds reported that the timing of the project and the road is important because until the road is in place, the project can- not be built. "s$ Rl~cording Secretary Guevin replaced Deputy Clerk Hoffman at this time *** Mr. Reynolds continued, stating both Livingston Road and C.R. 860 are within the County's five-year transportation plan even though there have been discussions regarding deferral of those projects. In addition, he said, the Livingston Road project has recently been approved by the MPO as one of the most important road links in the County. Referring to a map, he said there is a substantial amount of development in this area of Collier County, as well as a substantial amount of approved development in the same area. He remarked the Growth Management Plan has already allocated density to the Dynabel PUD and other properties for the purpose of forecasting future needs for utilities, parks and roads. Therefore, he said, the Growth Management Plan assumes these properties will be developed, which is why the M.S.T.U. program includes planned extensions to utility lines and treatment plants. He mentioned that in fact, the planned density of the subject request is only two-thirds of what was assumed to be developed on the site. Mr. Reynolds pointed out that Staff is presently spending time, effort and money pursuing the permitting for the Livingston Road corridor. He said the petitioner recognizes there is a funding issue with the M.$.T.U. and the proposed stipulations clearly indicate one of the likely scenarios will be this developer, along with the other property owners in the area, may be able to take on the construction of a part of that road segment as a private initiative. Responding to Commissioner Volpe, Mr. Reynolds indicated Staff has made significant progress in resolving the environmental issues which predominantly relate to the north/south link. He said it is his Page 29 March 2, 1993 understanding that very little permitting would be required for the east/west link. The following person spoke regarding this item: John Bruger (indicated having provided the Board with informatlon which was not given to the Clerk to the Board) Tape ~6 Attorney John Passidomo, representing the petitioner, addressed comments made by Mr. Bruger. He stated during the past two and one half years that this matter has been pending, there has been no question of access. He said no claim has ever been made that there is a legal means of access across the Dynabe] property. He said if there is a legitimate claim, he welcomes the opportunity to continue this item to clarify the issue, however, the timing of this matter being brought out indicates someone is perhaps not dealing in good faith. Com~tN~oner Constantine moved, seconded by Commissioner Matthews and cmrrted unanimously, to continue this item to March 23, 1993 for additional 2~evtew by the County Attorney's Office. · '' Coimtsstoner Constantine moved, seconded by Commissioner Matthew~ and carried 5/0, that the following items under the con- sent agenda be approved and/or adopted: Item ,16Al IRREVOCABLE STANDBY LETTER OF CREDIT ACCEPTED AS SECURITY FOR EXCAVATION PERMIT NO. 59.331 "NORTH NAPLES COMMUNITY HOSPITAL" See Page' ~ Item ,16A2 RECORDING OF THE FINAL PLAT OF "PUMP STATION 3.16" Item #16A3 SETF~R FACILITIES ACCEPTED FOR LONE OAK FORCE MAIN - WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY OR Book ~ Pagesj~_~_~~ RECORDING OF THE FINAL PLAT OF "THE POINTE OF PELICAN BAY" Item #16A5 WATER AND SEWER FACILITIES ACCEPTED FOR TIGER ISLAND ESTATES (CUL-DE-SAC) - WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY Page 30 March 2, 1993 Item ~6A6 RESOLUTION 93-81 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "TIGER ISLAND ESTATES" - WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY See Page. Item O16A7 RESOLUTION 93-82 RELEASING THE MAINTENANCE SECURITY AND GRANTING FINAL ACCKFTANCE OF T1TE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR "MIRADA ON THE GREENS" See Page ~'~ Item #16A8 WATER AND SEWER FACILITIES ACCEPTED FOR EMERALD LAKES, UNIT 5, PHASE III B & ¢ - WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY SeePages oR Book / RESOLUTION 93-83 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, W&T~et AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "EMERALD LAKES AT BRIDGET LAKE, UNIT 5, PHASE 3-B" - WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY Item ,16C1 See Pages.~ ' RESOLUTION 93-84 AMENDING RESOLUTION 92-552 (THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS RENTAL AND FEE POLICY), BY AMENDING SPECIFIED FEES AT THE COLLIER COUNTY RACQUET CLUB See Pages Item #16D1 continued to 3/9/93 Item #16D2 continued to 3/9/93 Item ~16D3 CHANGE ORDER NO. 2 TO THE CONSTRUCTION CONTRACT WITH STEVENS & LAYTON, INC., FOR T~E GOLDEN GATE WELLFIELD EXPANSION CONTRACT NUMBER 2 - IN THE AMOUNT OF $229,456.19 See Pages Item ~16E1 ~oved to #8E1 Item #16F1 Page 31 Narch 2, Z993 COM'P~Z'ITIV~ BID PROCESS WAIVED &ND SOLE SOURCE PURCRASE OF ZOLH M'EDICAT.., CAP..DI&C NONITOR/DEFIBRILLATORS AND RELATED EQUIPMZ~ &UI"~ORZZ~D FROM PI:P/SIO-CONA'~OH - IN THE AMOUNT OF 849,972 Item ~16G1 RESOLUTION 93-85 AUTHORIZING THE ACQUISITION OF PERMANENT DRAINAGE EASEMENTS ]~ GIFT IN SUPPORT OF THE PROPOSED IMPROVEMENTS TO THE DESOTO BOULEVARD DRAINAGE CANAL See Pages Item #163 MISCELL&REOU$ CORRESPONDENCE - FILED AND/OR REFER~ED The following miscellaneous correspondence was filed and or referred as presented by the Board of County Commissioners: Page 32 March 2, 1993 Itel ~16J1 CERTIFICATES OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROP~RT~ APPRAISER NO. 105/107 1992-95 Item ~1632 1992 TAX ROLL Date 02/11/93-02/17/93 1992 TANGIBLE PERSONAL PROPERTY 02/19/93 SATISFAC~fIONS OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER See pages Item ,16K1 INSTALLATION OF ABOVE GROUND FUEL TANKS AT THE GOLDEN GATE AND IMMOKALEE.,SUBST/TIONS - IN ~g ~0~ OF $59,000 There being no further bustness for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:50 P.M. .: .:. , ~ ,-'..-c~;'. DWIGHT 'E :',BR0C~, *~ERK  The'~ '~%s' ~pprO~ed by the Board on a es r as corrected BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN Page 33