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BCC Minutes 02/23/1993 R Naples, Florida, February 23, 1993 LET IT BE REMEMBERED, that the Board of County Commissioners In and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and hav~ng conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION tn Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burr L. Saunders VICE-CHAIRMAN: Tlmothy J. Constantine John C. Norris Michael J. Volpe Bettye J. Matthews ALSO PRESENT: Ellie Hoffman, Deputy Clerk; Annette Guevin, Recording Secretary; John Yonkosky, Finance Dfrector; Nell Dorrtll, County Manager, Jennifer Edwards, Asslstant to the County Manager; Ken Cuyler, County Attorney; Richard Yovanovlch, Assistant County Attorney; George Archibald, Transportation Services Admfntstrator; Frank Brutt, Community Development Services AdmlnJstrat°r; Tom Olliff, Public Services Administrator; Bill Lorenz, Environmental Services Administrator; Fred Bloetscher, Assistant Utilities Administrator; Tom Conrecode, Capital Projects Management Director; John Boldt, Water Management Director; Fran Stalllngs, Natural Resources Dlrector; Bob Fahey, Solid Waste Director; Keeth Ktpp, Solid Waste Recycling Coordinator; Ed Kant, Transportation Trafflc Operations Engineer; Jeff Perry, Chief Transportation Planner; Mike McNees, Management & Budget Director; Chahran Badamtchian, Ray Bellows, Bob Mu/here and Phtl Scheff, Planners; Sue Filson, Administrative Assistant to the Board; and Lieutenant Byron Tomltnson, Sheriff's Office. Page Tap~ #~ (45) 'rtn #3 AGENDA - APPROVED WITH CHANGES February 23, ~993 Commissioner Norris moved, seconded by Commissioner Matthews and carried 4/0 (Commissioner Volpe not present), to approve the agenda with the chan~a as detailed on the Agenda Change Sheet and with the following additional changes: Item #8Gl - Recommendation for BCC to consider approval of a County sponsorship of Federal Emergency Watershed pro~ect to remove debris and sediment from channel and boat basin in Goodland area caused by Hurricane Andrew. (Agenda change sheet reflects that this item is to be continued. This item will be heard.} Item #10H - Discussion of the parking lot plan for the Government Complex - Added. Item #10I - Discussion regarding the hearing officer concept - Added. Item #10J - Direction regarding an independent water/sewer district - Added. Item #10K - Discussion regarding the agenda setup - Added. Item #14(1) - Issue regarding Lely Preserve - Added. Item #14(2) - Neighborhood Park in Golden Gate - Added. Page 2 CONSENT &G~NDA - APPROVED AND/OR ADOPTED February 23, 1993 The motion for approval of the consent agenda is noted under Item #16. (49~) MINUTES OF THE R~GULAR MEETING OF FEBRUARY 9, 1993 - APPROVED Co~missloner Matthews moved, seconded by Co~missioner Norris and carri,~d 4/0 (Co~aissioner Volpe out), to approve the Minutes of the Regular Meeting of February 9, ~993. · ** Commissioner Vo/pe arrived at this time '*' (~05) Itel ~SB1 PROCL~NATION DESIGNATING FEBRUARY 23, 24 ~ 25, 1993, AS FORG~ ~ NOT ~ IN COLLI~ CO~ - ~D Upon reading of the proclamation by Commissioner Constantine, Conisstoner Norris moved, seconded by Commissioner Matthews and carried unanimously, that the Proclamation designating February 23, 24 and 25, 1993, as Forget Me Not Days in Collier County be adopted. The proclamation was presented to representatives of the Disabled American Veterans. Page 3 ~ebruary 23, 1993 (690) ~t~ ~5B2 PROCLJU~TZON D~ZG~'A?Z~G ~ WL'E~ OF FL'B~UAR~ 23-27, 1993, I~CYCT.,ING WL'EX - ADOPTED Upon reading of the proclamation, Commissioner Norris moved, seconded b~ Co~tssioner Matthews and carried unanimously, that the Proclmtion designating the week of February 21-27, 1993, as Curbside Recycling ~eek be adopted. Keeth Ktpp, Recycling Coordinator accepted the proclamation. Mr. Ktpp presented the Commission with a Golden Can Award in recognition of th~ collection of lO mil/ion aluminum cans. Page 4 ~ ~" CLKI~ ~ $ REPORT - ACCEPT]~D February 23, 1993 Finance Director Yonkosky stated that there are no items on the Clerk's Report requiring Board action. He requested acceptance of the schedules as listed within the Clerk's Report. Com~issioner Norris moved, seconded by Commissioner Volpe mhd carried unanimously, to accept the Clerk's Report. (82s) Item ~10A DISCUSSION RE ANNUAL ENVIRONMENTAL PUBLIC MEETINGS - MEETING SCHEDULED FOR 4/21/93 AT 6:00 P.M. AT THE 00NSERVANOY AUDITORIUM Commissioner Saunders revealed that the purpose of this item is to discuss the scheduling of an annual environmental meeting. He advised that several weeks ago he met with Dr. John F~tch, President of The Conservancy, and discussed many of the environmental issues facing the county and many of the different efforts going forward by various environmental groups, as well as efforts by the County Commission. He explained that the idea developed that perhaps on an annual or semi- annual basis, an advertised public meeting could be held, dedicated solely to the discussion of the environment and the County's natural resources. Dr. John Fitch stated that there are a number of issues of great concern to the community. He reported that environmental concerns, as they relate to the community's future are more than a special interest. Commissioner Volpe cited that he does not ob3ect to a symposium for discussion purposes,.but noted he does not support an actual public hearing of the Board of County Commissioners meeting with the environmental community. Commissioner Constantine voiced concurrence with Commissioner Volpe's concern. Commissioner Matthews indicated that she has a problem with the Page 5 February 23, 1993 idea of a fully advertised Commission meeting. She remarked that she does not oppose a workshop concept. Commissioner Saunders expressed that an advertised workshop does make more sense. It was the consensus of the Commission to conduct an advertised work. hop at The Conservancy on April 21, 1993, at 6:00 P.M. (1¢26) Item,lOG LAND DEFELOPMENT REGULATION CHALLENGE - TO BE HEARD MARCH 2, 1993 Commissioner Volpe revealed that he requested that this item be added to the agenda. He stated that County Attorney Cuyler has advised that he will need one additional week to address the Board and present an update as to what the challenge represents. County Attorney Cuyler affirmed that he would like an additional week to allow sufficient time to meet with Environmental staff in order to provide the Commission with a comprehensive discussion and a course of action in this regard. Consensus of the Commission was that this item will be heard on March 2, 1993. (~?0) Item,SB1 REPORT TO T~E BOARD ON THE STATUS OF TRAFFIC SIGNAL CONTROLS ON AIRPORT-PULLING ROAD BETWEEN GOLDEN GATE PARKWAY AND PINE RIDGE ROAD - OPTION #4 AS DETAILED IN THE EXECUTIVE SUMMARY APPROVED Commissioner Saunders announced that after conferring with County Attorney Cuyler, he has been advised that it would not be appropriate for him to participate in the voting of this issue. He disclosed that he has an interest in some properties within the Naples Bath and Tennis Club and therefore, will abstain from voting on this item. Transportation Services Administrator Archibald stated that this item is a report on studies that staff has made at the intersections of Airport Road and Naples Bath and Tennis, Ptnewoods and Poinciana. He noted that this is a follow-up to dis~usslons of late December, 1992, in regards to whether or not ~he peak season of the year is such Page 6 February 23, 1993 as to meet any of the warrant requirements set forth in federal docu- ments, specifically, the Manual On Uniform Traffic Control Devices (MUTCD). Mr. Archibald indicated that staff has completed a prel]mlnary review by undertaking traffic counts, including delay studies. In addition, he noted that a review has been made with regard to the types of accidents that have been occurring and whether those acci- dents are correctable by the installation of a s~gnal. Mr. Archibald explained that staff has concluded that the inter- section of Afrport Road and Naples Bath and Tennis has a mtnlmal amount of side street traffic. He cited that that trafflc does meet the volume requirement based upon a reduction of 100% to 70% of the factor in the MUTCD. He advised that this intersection does not meet the safety requirements, and therefore, results in a condttlon where cars are delayed but there is not an exhibited history of accidents that would be correctable by the lnstallatton of a signal. With regard to the intersection of Airport and Pinewoods/World Tennis, the conditions are similar because of dealing with two side streets the volumes are hlgher. He noted that thls Intersection meets the volume requirement and the delay requirement, but does not exhibit a safety problem. He remarked that from a County policy standpoint, three major warrants are to be met before a signal is recommended, however, th~s intersection does meet those major warrant requirements. He affirmed that there are sufficient condlt~ons that would allow a signal to be installed, but staff ~s recommending if this is to be considered, that the impact of the thoroughfare (Airport Road) be con- stdered. He revealed that this corridor ts currently handling tn excess of 36,000 tr~ps per day and the Level of Servlce ranges from "E" to "F", He stated that this lsa roadway deficiency that is being addressed from a concurrency standpoint with construction anticipated to be underway by 1994. · Mr. Archibald advised that master planning of this corridor has been done as part of thfs study to determine long-term what kind of Page ? February 23, 1993 signals will be ultimately located between Golden Gate Parkway and Pine Ridge Road. Mr. Archibald announced that these locations are further compli- cated and of further concern to staff due to the number of U-Turn movements. He divulged that there are developments on the east side of the roadway that do not have access to a median opening without going north or south and those trips have to go to an intersection and execute a U-Turn movement. He noted that the U-Turn is much safer if there is a signal at that location. He related that staff ks looking at conditions that will warrant a signal within two years. Mr. Archibald presented a handout, titled "Florida Department of Transportation Col/is/on Diagram", depicting the kinds of accidents that have occurred elsewhere in the County. He pointed out that when comparing this Collision Diagram with the diagram on Page 7 of the agenda packet, it can be determined that the safety concerns are not met at the intersections on Airport Road at this time. Mr. Archibald stated that staff is recommending if the installa- tion of a signal is to be considered at the sub3ect locations at this time, that a system be in place that is interconnected and that a gap be created which is presently missing on that road corridor. He explained that there are not many opportunities for side street traf- fic to gain access since there are minimal gaps and traffic volumes are very high during most of the peak periods of the day. Mr. Archibald reported that there are other locations in the county that are much more important from a signal standpoint and deserve attention relative to considering the installation of same. Commissioners Constantine, Norris and Volpe concurred that it is inconvenient for motorists to enter and exit these developments, citing there is specific criteria to be'met and these intersections do not meet the accident warrant, side street traffic volumes and signa- lization will most likely lower capacity. The following persons spoke with regard to this item: George Walters Alfred Meyers ,~ 0~ 16 Frank Wilson Page 8 February 23, 1993 In response to Commlssfoner Volpe, Mr. Archibald explained that staff has required the Grey Oaks project to line up with the northern entrance to Poinciana in addition to providing a southbound left turn lane and a northbound right turn lane. He indicated that Grey Oaks is also required to pay a fair share of a signal system. Mr. Archibald reported that the reason the Tfmberwood development was not required to construct a southbound left turn lane is that they did not meet the criteria in Ordinance 82-91 which was based upon volume. He noted that subsequently, staff has met with different par- ties of the Tlmberwood project with the idea of pursuing the south- bound /eft turn lane which would be a substantial improvement. Co~miuloner Constantine moved, seconded by Co~alesioner Norris and carried S/1 (Con~seioner Matthews opposed and Conisstoner Saund~rs &bsta~ned) to approve Option #4, as reflected in the Page 9 February 23, 1993 Recess 10:30 A.M. - Reconvened 10:45 A.M. (33~0) It~#S&l ¢OI~ID~I~tTION OF A CONCUlt~NCY MANAGEMENT AGREEMENT - RESPONSIBILITIES TO BE IITT~IGRATED WITH EXISTING INTERLOCAL PLANNING AGKEEMENT WITH THE CITY OF ~LPLKS MPO Coordinator Jeff Perry advised that during the development of the Growth Management Plan, the City and the County included state- mandated elements called "Intergovernmental Coordination". He explained that pol~cles were included within those elements to create Intergovernmental Agreements dealing with the Issues of setting the Level of Service (LOS) Standards and concurrency management systems to address transportation and other facilities. He noted that both the City and County have adopted similar systems used to evaluate the current standards of service as well as determining whether there are any deficiencies. Mr. Perry reported that even though the two systems are similar in nature, it has become difficult to create a thlrd system to deal with bi-Jurisdictional issues of roadways that cross the Clty/County line or those that ran parallel with the City/County line. He advised that staff has developed an agreement that set up the framework for deve- loping a procedure for dealing with concurrency issues that may face both the City and the County tn future years on roads that are ~mpacted by one or both Jurisdictions. Mr. Perry stated that the Interlocal Agreement has been reviewed by the City Council and County Commission during previous workshops and has be,~n reviewed by legal staff, noting that the Gity of Naples has signed off on the subject agreement. Mr. Peltry announced that the Agreement will be administered by the Metropolitan Planning Organization staff to determine whether there are bi-Jurisdictional issues present and if so, to bring city and county staff and their elected officials together in a Joint workshop to decide whether steps should be taken to mitigate the problems on a particular roadway and then each tndiv~dual Jurisdiction would ab~de Page February 23, 1993 by its o~% procedures and polices adopted in the respective Concurrency Management Ordinances to affect resolution of the problem. Mr. Perry addressed the three scenarios as reflected in the Executive Summary. He pointed out that under the first two scenarios, the neighboring 3urisdictton is brought into the process to determine whether remedial action is necessary. He indicated that the actual authority remains vested in the Jurisdiction as far as creating mora- toriums or making certain improvements on the facilities. Mr. Perry explained that there is no fiscal impact in this process since existing procedures exist. Tal~ ~2 Mr. Perry affirmed that staff feels that from a Growth Management standpoint, this agreement furthers both the City and County Comprehensive Plans. He requested approval of the Agreement, as pre- sented. Commissioner Norris questioned whether the proposed agreement encompasses the same kinds of responsibilities that the MPO has or whether these items could be integrated into their responsibilities. Mr. Perry reported that the MPO can be asked by the City or the County to mitigate any problems, however, there is the absence of policy in the decision making process. Commissioner Volpe remarked that he is in support of the existing process through the MPO which identifies how the issues of concurrency can be addressed and with the MPO presenting same to the Board of County Commissioners or the City Council. Commissioner Constantine pointed out the City and County conduct quarterly 3oint meetings and if an extreme situation does arise, that issue could be placed on the agenda at one of those meetings, but noted he is uncertain as to whether additional obligations should be created. She suggested that a slight expansion of the MPO's respon- sibility may achieve the same thing. Commis:sioner Saunders concurred that he does not feel that addi- tional problems should be created, but he believed that staff's Page February 23, ~993 suggested approach would minimize any problems. He stated if the MPO is constl'tuted for these types of responsibilities, he concurs with Commissioner Norris' suggestion. Mr. P,.'rry advised that Rule 935 requires these types of agreements. Commissioner Matthews related that it appears that the various problems would be foreseen over a several month period. She noted that since the City and County conduct quarterly Joint meetings she does not see the 3usttffcation for adding another layer of government. Commi~sioner Volpe remarked that everyone ts aware that there are county roads within the Jurisdiction of the City of Naples, i.e. Goodlette Frank Road and Golden Gate Parkway. Re questioned whether the Board of County Commissioners ts consulted when the City of Naples considers some of their growth management ~ssues or zoning decis~ons as to the impact they would have on county roads. Mr. Perry replied that there is an Interlocal Planning Agreement where~n the City supplies the County with documents on all of their rezones and the County does the same th~ng. Commi~;sJoner Volpe suggested that the existing Interlocal Planning Agreement be used to meet the requirements under the Growth Mana~e. ment Plan. Co~ai~s~oner Norris moved, seconded by Commiss~oner Constantine to integrate the responsibilities with the existing Interlocal Planning Agreement. Mr. Perry stated that he will review the existing Agreement and the policies and compare them to see if the requirements can be met and report back to the Commission. C~ia~ioner Norris a~ended his motion to direct staff to ascer- tain w~mt~r the ex~st~ng Agreement will fulfill the requirements of Rnls 9J5, and ~f not, that the appropriate amendments be made to fnlfJll ea~. Coa~sstoner Constant/ne concurred with the ~endment and n~on call for the question, the motion carried unanimously. (~0) ]:tea #:13&1 s'~lO0t( I:~P3~ ~2 Page 12 February 23, 1993 PETITION V-92-29, REGIS ANDRES REQUESTING A 17'9.6" VARIANCE FROM THE REQUIRED FRONT YARD SETBACK FOR PROPERTY LOCATED AT §73 COCO{~T AVENU~S ~E:ST, GOODLAND ISLES - DENIED ON THE BASIS THAT THER~ IS NO LAND RELATED HARDSHIP Legal notfce having been published in the Naples Daily News on February 7, 1993, as evidenced by Affidavit of Publication filed wfth the Clerk, public hearing was opened. Planner Mulhere presented Petition V-92-29, in which the applicant ~s requesting an after-the-fact variance of 17'-9.6" from the required front yard of 25' tn the RSF-4 zoning district. Mr. Mulhere explained that in 2991, the petit~oner solic~ted quotes for the construction and installation of a boat dock with lift and a boat house. He indicated that the contractor determined ~t would be difficult to obtain a permit for the boat house and suggested that the e:{ist~nG garage be expanded to accommodate storage of the boat fac~l~[ty. He advised that the applicant was of the opinion that the permit which was pulled to construct the dock facility and l~ft would also allow the construction of the boat storage facility on the upland porl:ion of his lot. Mr. Mulhere advised that the addition was constructed and a Code Compliance Investigator red-tagged the structure and fndfcated to the applicant that he would have to obtain building permits o~ ~emove the structure. He revealed that he met with the applicant who f~lled out a variance applicatfon and is seeking a varfance from the encroachment in o~der to obtain after-the-fact building permits. Mr. Mu]here stated that staff has reviewed the circumstances surrounding the application and ~s of the opinion that any hardship that has be.en created, due to the applicant's actions, Is not the result of a hardship associated with the ]and. Ne repo~ted that pur- suant to the constraints of the Land Development Code, staff ~s constrained to recommend~ng denial of the petition. Mr. Mulhere cited that he has received four phone calls favor]ng denial of the petition and one letter favoring denial of same. He noted that he received two telephone calls from persons not ob3ect~ng Page 23 February 23, 1993 to approval of this petition. Mr. Doug Rankin, representing Mr. Andres, presented photos depicting neighboring properties and the subject carport. He remarked that the petitioner was advised by the contractor that he could not construct a boat house behind his home, however, the Code, tn RSF-4 does permit it. Mr. Rankin stated that the carport in question is required because his client has a motor home and the Code requires that any major recreational vehicles in the front yard must be in some type of struc- ture, i.e. garage, carport, or in the back of the house. Mr. Ranktn presented a drawing of the premises in question (copy not provide.d to the Clerk's Office). He indicated that there is no place for ~r. Andres to place his motor home in conformity with the Codes, except under the carport. He noted that the sideyard setback is only 7'-6", and is far too small to accommodate anything. Mr. Ranktn indicated that within a block of the subject premises, there are numerous motor homes and pickup/campers in neighboring front yards or sitting in the right-of-way and these do not conform with the Zoning Code. Mr. Rankin requested that approval be granted for the extension to protrude 8' beyond the neighboring residences. He reported that this structure is well buffered by vegetation on one side and the applicant has no problem providing similar buffering on the other side. Mr. Rankin announced that he has a petition, signed by every resi- dent, of West Coconut Avenue, with the exception of one resident. He noted that almost every resident of the surrounding street has also signed the petit/on. Mr. Rankln remarked that Mr. Andres has done the best that he can to make this a nice neighborhood, as contrary to the rest of the area. A discussion ensued with regard to the outside storage of recreational vehicles. Commissioner Constantine commented that there are alternative pla- ces in which the petitioner could store his motor home. Page 14 February 23, 1993 There were no other speakers. Co~issioner Norris moved, seconded by Commissioner Constantine to close the public hearing. Co~issioner Volpe moved, seconded by Commissioner Norris and carrie~ un~ni~ously, to deny Petition V-92-29, based upon the ~alysis of st~ t~at there la no l~d related hardship. ~C~ATION TO ~0~ FIN~ P~T 0F S~NSIN~TON P~, ~SE O~~ - ~C~IN~ O~ ~T ~0~D~ AG~ APPR0~D WITH Transportation Services Administrator Archibald explained that this item Involves the approval of the Kensington Park plat and con- current approval of an Agreement for the Livingston Road right-of-way dedication. Mr. Arch/bald advised that the final plat is in order and includes the securtt.ies for construction and maintenance. He reported that action is requested to finalize an agreement which addresses the acquisition of rights-of-way for the future Livingston Road to be located south of Pine Ridge Road. He explained that the property tn question is a segment of Pine Ridge Road approximately 3,960' in length and a right-of-way width of 120' is desired. Mr. Archibald indicated that the agreement is one in which the land owner .is making a dedication of road right-of-way and proposing the additional dedication of land for road/water management purposes, He explained that the agreement will provide flexibility to the pro- perty owner to combine this parcel with an adjacent parcel to be acquired in the future and be able to consider these as one in the same for the purposes of processing the PUD in accordance with current Land Development Regulations and in so doinG take advantage of the densft¥ that may have been placed on the 42.5 acre tract, referred to as "Parcel A". In addition, he noted another provision in the agreement relative to the transfer of future development rights would pertaln to attempting the transfer to a parcel which is not adjacent Page 15 February 23, 1993 to "Parcel A" with the recognition that it would be subject to a future ordinance that would address the transfer of development rights. Mr. Archibald pointed out that revisions need to be made to the agreement to assure that the County will not guarantee or vest any specific density rights, nor identify any specific rights because the subject matter would be applicable to some future land action and sub- Ject to th.~ future ]and regulations ]n effect at the point in t~me that th~s ,agreement may be used. County Attorney Cuy]er advised that he presented these matters to Mr. BruggeF who has ~ncorporated most of these into the agreement. He requested that upon approval of the agreement, that he be g~ven the d~scretlon to ensure that ~t is acceptable to he and Mr. Archibald. In response to Commissioner Volpe, County Attorney Cuyler explained .if the petitioner purchases the adjacent property and peti- tions through the normal review process, he would be able to locate his densttl! on the one parcel. Mr. Archibald remarked that two different water management ~tems are referenced with the Executive Summary: one relates to meeting the effluent pond requirements pertain~ng to the Kensington Park PUD; and the other provides that the applicant agrees if there are any surplus lands, he t{ould make same available to the County for road water mana- gement purposes. He c~ted that there is the potential to gain right- of-way for road purposes ~n the form of an easement in addition to obtaining easements that may be subordinate to the rights of FP&L and easements that would allow the County to use some of this land for meeting detention and retention requirements as part of the road construction plans. Mr. John Brugger remarked that under current development standards ~f he applied for a PUD on the subject property, he could be entitled to 4 un,ts per acre, under the denslty rating system. He noted that he has prepared a drawing indicating that ~68 un,ts could be built on this property. He reported that the PUD was approved, subject to the Page February 23, 1993 dedication of the right-of-way for the road. He cited that by doing this, there is no land left to be developed, noting that the Il acres plus the adjoining water management land and the existing FP&L ease- ment wipes out bui]dable property. He stated that he is happy to dedicate the right-of-way easement, with the inclusion if the easement is dedicated and the adjoining property is acquired, the density value can be used in the overall PUD so that the value of the land is not lost. He requested that the County review his parcel along with an adloining parcel which will be acquired in the future, as part of the PUD proces:3. County Attorney Cuyler advised that the Agreement will be amended to include additional language with regard to the future rules, as they exist. In response to Commissioner Norris, County Attorney Cuyler stated there is a cap on the number of units, as allowed by the Comprehensive Plan and subject to Board approval. Mr. Brugger remarked that by dedicating the easement, he is giving up his development rights on 42 acres of land. He requested that in the future that he be allowed to count the 42 acres in an overall development, subject to the existing County standards at that time. Commissioner Saunders called attention to Pages 3 and 4 of the Agreement. He noted that the language in Paragraph 3 is unclear. County Attorney Cuyler indicated that it needs to be made clear that this ].s a PUD and not a shift from a parcel to a parcel, but instead a gross density of going through the normal process to see how that density will be distributed. Commissioner Saunders suggested that the last three lines of Paragraph 3 be stricken. Oo~iel~Aoner Volpe moved, seconded b~ Co~iaeioner Norris and carried lzn~mimously, to approve the F~nal Plat of "Kensington Pa~k, Phm~ ~' ~d staff d~rected to prepare the Agreement, as ~ended. Page 17 February 23, 1993 (2540) R~QU~ST TO SET A PUBLIC HEARINa FOR PETITION DOA-93-1, AN AMENDMENT TO 'THE PAREI~ND DEVELOPMENT ORDER" - HEARING DATE SET FOR JUNE 8, 1993 Commissioner Saunders announced that staff ls requesting that a public hearing date be set for June 8, 1993, to determine if Petition DOA-93-1 constitutes a Substantial Deviation to the Parkland Development Order. Con, mil:stoner Volpe moved, seconded by Commissioner Norris and carried u~nimousl¥, that the public hearing relative to 'The Park/and Develop~Lt Order' ~ set for J~e 8, ~993. ~SO~I~ 9S-~4A, ~C~ING ~ ~I~ OF LOU HOE~S~D TO ~ Commts~sloner Saunders advised that he wrote a letter to the Collier County Economic Development Council and requested that they make a recommendation for the appointment of a representative to the Florida Economic Development Council. Commis:sioner Saunders announced that the Economic Development Council is recommending the appointment of Mr. Lou Moegsted to the Florida Economic Development Council. Cmis,sioner Constantine moved, seconded by Commissioner Norris and cmrrie~ unanimously, that Resolution 93-74A, recommending the e~q~ointm~t of Lon Hoegsted to the Florida Economic Development Council, ~ adopted. Page 18 February 23, 1993 (2626) It~ ~IOD RKSOLUTIU.~ 93-75, APPOINTIN5 ROSEMARIE D'HAEM AND VICKI WILLIAMS TO THE MARL~O ISF, AND BEAUTIFICATION ADVISORY CO~ITTEE - ADOPTED Administrative Assistant to the Board Filson stated that this item is a request to appoint one member representing an at-large position to a four year term, expiring on March 1, 1997, and confirm one member recommended by the Marco Island Chamber of Commerce to fulfill the remainder of a vacant term, expiring on March l, 1994. Mrs. Filson advised that a letter was received from the president of the Marco Island Chamber of Commerce recommending the appointment of Vickt 14illfams to fulfill the remainder of the vacant term. She indicated that a memorandum was received from staff, recommending the appointment of Rosemarte J. D'Haem, representing the at-large posi- t/on. Comm~i~ioner Norris moved, seconded by Comm~ssioner Volpe and carrted m~nimcflxol¥, that Resolution 93-75 be adopted, appointing Rooemmx-~e D'Haem and Vicki Williams to the Marco Island Beautification Page 19 February 23, 1993 (268~) ~tem ~12C2 ORDINANCE ~13-10, AN AMENDMENT TO ORDINANCE 92-89 TO CORRECT A SCRIVENER'i; ERROR IN THE LEGAL DESCRIPTION FOR THE NEW HOPE MINISTRIES REZON~ - ~FTED 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. Community Development Services Administrator Brutt advised that the deed for this property was received in two parts at different times and the legal description was not incorporated into the same document. He requested that the modification, through a scrivener's error agreement be approved. Commiml:ioner Volpe moved, seconded by Commissioner Constantine and carried unani~ou~ly, to close the public hearing. Com~islioner Volpe moved, seconded by Commissioner Matthews and carried unanimously, that Ordinance 93-10 be adopted and entered into Ordinance Book No. 59. ='' Recessed: 12:00 P.M. - Reconvened: 12:50 P.M. at which time Recording Secretary Guevin replaced Deputy Clerk Hoffman (~?~0) It~ REPORT ON THE IrROPOSED GOODLAND BOAT RAMP AND REQUEST FOR DIRECTION ON BEGINNIN~ NEGOTIATIONS WITH I~RITIME VENTURE I TO PURCHASE AN API~ROXIMATH THREE-ACRE TRACT OF LAND FOR BOAT ACCESS, PARKING AND ACCESSORY FACILITIES - STAFF TO INVESTIGATE ALTERNATIVES Tom Olltff, Public Services Administrator, presented a report describing a series of locations for a possible boat ramp facility. He pointed out one of the four Goodland sites already has zoning and permlts in iplace, an approved site development plan, as well as a 1991 environmental audit. He noted a b~g advantage wlth that location is the permitting, which is difficult to obtain, ~s already in place and the price is very favorable compared to other options without permits. Commlss~oner Volpe questioned if Staff has attempted to negotiate with Evergl~ades City for an interlocal agreement, to which Mr. Olllff replied in 'the negative, adding Staff will explore that possibility if Page 20 February 23, 1993 directed. Commiss:ioner Volpe also suggested Port of the Islands be approached to consider a private lease option, emphasizing the need to minimize capital expenditures. Commiss~oner Constantine agreed, commenting that seven of the 11 necessary facilities are currently in place, wttha deadline of 1998 to acquire the remaining four sites. Commlsstoner Norris referred to the site favored by Staff, stating he is not comfortable with this kind of public/private partnership. Commissioner Matthews concurred, adding the owners of that site have not been able to develop the property, and she has a problem with Collier County spending SI-million to make a prlvate venture workable. The following people spoke regarding this item: Bud Kornse George Keller Commlssioner Matthews inquired if the requirements of the Growth Management Plan will be satisfied if Collier County leases privately owned property for boat ramps7 County Attorney Cuyler advised that short-term leases would not be acceptable, however, long-term leases may be a possibility depending on the nature of the lease. C~)~mt~;[oner Constantine moved, seconded by Co~tssAoner Norris and carri~dunanA~ouely, to direct Staff not to pursue the Maritime Venture I site; look at alternative sates, keeping in mind lower costs and ~xt~um convenience for the boating public; look at updating the 1988 Boat L~undtng Study; investigate potential /easing of private land and & possible interlocal agreement with Everglades City; and look into the safety problems et the S.R. 95! public boat ra~p. C~dSKI~'&T~! ~.~S~I~I(T AT NORTH COUNTY I~gG~ONAL NATgR TREA'rMKI~I' FLANT $~T~ -- ~'TAI~K~COI~IM~ND&TIONS APPROVED Fred Bloetscher, Assistant Utilities Administrator, commented this item was added to the agenda due to a requirement of the Department of Page February 23, 1993 Environmental Regulation (DER) for the construction of water lines to connect the raw water supply to the North County Regional Water Treatment Plant. He explained DER has recently advised Staff, contrary to previous communication, that they will require a conser- vation easement be granted prior to the County beginning any construc- tion work. He provided the Board with a copy of the deed and its attachments, which he stated have been prepared by the County Attorney's Office. (Copy not provided to the Clerk to the Board.) He concluded once approved, Staff will deliver the appropriate documents to DER no later than February 24th. Cdm~mtsmioner Constantine moved, seconded by Com~teeloner Norris and carried ux~nl~ously, to approve the conservation easement deed to the State of Florida Department of Environmental Re~xllation on the North County R~ional Water Treatment Plant site as per requirement of the FD~ p~rmit for the access road to the plant. Page 22 February 23, 3993 (2?9) It~D2 ,~AL OF CONTRACTS AND AMENDMENTS FOR ENGINEERING, 0N-SIT~ IN~FECTIONAND PROJECT COORDINATOR CONSULTING SERVICES AT TH~ NORTH COUN~ REGIONAL #ATER TREATMENT PLANT - CONTINUED TO 3/2/93; TRAUNER CON'JULTIN~ 5E/~TIC~S AUTHORIZED TO PROVIDE SERVICES IN INTERIM Fred Bloetscher, Assistant Utilities Administrator, explained this item is in response to a previous discussion by the Board regarding the status of the North County Regional Water Treatment Plant. He recalled outside counsel, as well as the County Attorney's Office, Utilities Staff and the County Manager's Office, put forth the suggestion of utilizing outside construction management/project coor- dinator type of expertise in order to complete the project on time. He reported there are also outstanding issues with Boyle Engineering, including an amendment to their contract because of the additional services being provided, and a time extension because the contractor is taking longer than expected. Commissioner Constantine commented this item was added to the agenda and the Executive Summary and attachments are quite lengthy. He said he has not had adequate time to review the materials. Commissioner Saunders suggested this item be continued for one week. County Manager Dorrill communicated the intent is that the field supervisor, through Trauner Consulting Services, be physically on site as soon as possible. He asked the Board to issue an authorization for Trauner Consulting to provide those servtces in the interim if this item is continued for one week. C~t~toner Mmtthew~ moved, seconded by Commissioner Volpe and ~99S, ~ ~er Con~lt~ng Se~ce. authorized to provide f~eld ~t~r ~tcel tn the interim. (470)~ It~ ~13B1 ~SO~I~ 93-76 ~ PETITION CU-92-14, FIRST ~ITED ~0DIST C~CH OF I~~, INC., ~QUESTING CO~ITIONAL USES "2" ~ "4" OF ~ RSF-S Z~ DI~I~ ~R A C~CH, ACCESSORY USES TO A C~ ~ A ~ILD O~ g~ ~R ~OPER~ LOCATED AT THE NOR~ST CO~ OF ROB~ ~ ~ N. NI~ S~ET - A~D WI~ ADDITION~ ZTIPULA?IO~ Februar~ 23, 1993 Legal notice having been published in the Naples Daily News on February 7, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Philip Scheff, Planner, explained the petitioner, First United Methodist Church of Immokalee, Inc., is requesting to build a new sanctuary to the existing church to increase seating capacity from 100 to 220 seats. He said the plan is that the existing building will be converted into a fellowship hall to be utilized for fellowship pur- poses, educational classes and a child care center to accommodate approximately 50 students and 10 staff members. He noted additional parking will be added to conform with the Land Development Code's requirement for parking. He concluded al/ County agencies have given their of approval Petition CU-92-14, sub3ect to the conditions in the Staff Report dated January 19, 1993, and the CCPC unanimously recom- mended approval, subject to the removal of Stipulation "p" from the Agreement Sheet. He explained the CCPC felt the stipulation is unne- cessary since it is addressed in County ordinances. In answer to Commissioner Saunders, Planner Scheff responded that Staff agrees with the recommendation of the CCPG. He sa~d the language wa~s originally included only as a reminder that road impact fees must ~,lso be paid on the child care center. Commissioner Volpe questioned if the child care center is planned to be a commercial enterprise or limited to services required by the congregation? Planner Scheff explained there are no current plans for a child care center, however, if the church wishes to establish one ~n the future, they will not have to return to the Board with a separate Conditional. Use (CU) request if this petition is approved this date. He advised there will be a savings of $800 for the applicatlon fee by combining both CU's lnto this one petition. David Moore, representing the petitioner, reported if the child Page 24 February 23, 1993 care center opens, it will be operated by the church, but will be open to children from the public. Lee Layne, representing the CCPG, clarified their request to strike Stipulation "p". She said that language required the church to pay the Impact fees for the child care center at the same time they obtained the permit for the new sanctuary. She indicated the COPG felt that was unfair, because they would not be starting the child care until much later. Con. is,stoner Constantine moved, seconded by Commissioner Norris and carried unani~ousl¥, to close the public hearing. Co~ia,lioner Constantine moved, seconded by Commissioner Norris and ~'rted unanimously, to adopt Resolution 93-76 re: Petition CU-92-14 ~lbJect to the Agreement Sheet, with the deletion of Sttpul&tion "p", ~nd the following two additional stipulations: the child cmre center to be operated only by the church; and the Impact fee~ for the child care center to be paid at time of building permit tasm~nc~ for the child care center and/or obtaining an occupational lic~ for ~. Page 25 February 23, 1993 R~COM~NDATION FOR THE BOARD TO CONSIDER APPROVAL OF COUNTY SPON~ORSHI~ OF FEDERAL EMERGENCY WATERSHED PROJECT TO REMOVE DEBRIS AND SEDIMenT FRO~ CHANNEL AND BOAT BASIN IN O00DLAND AREA CAUSED BY HURRIOAN~ ANDREW - TO BE BROUGHT BACK IN TWO WEEKS John Boldt, Water Management Director, asked the Board to make a determination on whether the County wishes to act as the local sponsor of a project to be performed by the United States Department of Agriculture's Soil and Conservation Service (USDA-SCS) for the removal of debris and sediment from a channel and boat basin located on the east side of Goodland, caused in part by Nurricane Andrew. Me referred to a cooperative agreement which he stated was provided to the Board. (Copy not provided to the Clerk to the Board.) He concluded with Staff's request that the Board approve County spon- sorship for this dredging project, authorize Capital Projects Management Staff to obtain all necessary permits, charge the Real Property Management Department with providing all the rights-of-entry forms to the County Attorney's office for certification and authorize the Chairman to proceed with the cooperative agreement if the permits do not exceed $500. The following people spoke regarding this item: Tony Polizos Barbara Stinson ~l~o~e~ Norris moved, seconded by Commissioner Saunders, to a~ Stltff's recommendations. The Lotion failed 2/3 (Commissioners Constantine,, Matthews and Volpe opposed). Commissioner Volpe communicated he would like to find a way to undertake this sponsorship while minimizing the cost for the community as well as the assumptions for responsibility by the County. Commissioner Saunders suggested Staff bring this item back in two weeks with answers to questions raised regarding the costs to the com- munity and the possibility of participation from the private sector. Item ~1 DISCUSSION REGARDING THE GREATER NAPLES CIVIC ASSOCIATION/CABLE AIIVI~ORY OOHMITTEE - EXISTING COMMITTEE ACKNOWLEDGED AND BOO TO SOLICIT TH~'IR INPUT February 23, 1993 Duke Hart, representing the Greater Naples Civic Association, asked that a citizens committee be appointed to advise and assist in the consideration of new federal communication rules, expected out around April /st. He remarked the Greater Naples Civic Association has been involved in cable problems for at least 12 years, and members of the Cable Advisory Committee have already expended much time and effort on behalf of the community. He mentioned that Jennifer Edwards, Assistant to the County Manager, is a member of that commit- tee. He r(~quested the Board recognize the existing committee. Commts~ioner Saunders communicated there are two issues to con- sider; one, whether or not to establish another citizens committee in reference to cable television rate regulation and if so, should the existing committee membership be accepted as the County committee. Mr. Ha~'t reiterated that he is not askinG for an official capa- city, Just recognition of their efforts and the valuable information they will be able to supply the Board, Com~lm~tolmer Volpe moved, seconde4 by Co~estoner Norris and carried ~mlmtlcm~ly, to acknowledge the existing Greater Naples Civic lasoctmtton/Cmble Advisory Contttee, and that the Board will solicit their Input: on federal communication r~les and cable television rate (26Ia) AWARD R.F.P. ~92-~989 TO DESIGN STUDIOS WEST, INC., AND EXECUTE A COIFI"RA~'T III TH~ AI~OUNT OF $269,000 FOR THE DESIGN OF THE VINEYARDS C09~t~][ITY ['ARK - CONTINUED TO 3/2/93 Commtss:toner Volpe communicated he asked that this Item be removed from the consent agenda because of questions about the cost of this project, considering some work has already been done, as well as the selection of a firm from Colorado rather than a local firm to design the park. Tom Conrecode, Director of Capital Projects Management, explained a conceptu~tl plan of the entire site was shared with all firms wishing to submit ~t proposal on this R.F.P., so they would have an Idea of the Page 27 February 23, 1993 direction the County is heading on this project. With regard to the selection of Design Studios West, Inc., he said, that corporation was initiated in Denver, Colorado, with a local office in Sarasota. He noted the%, have teamed with the local firm of Agnoli, Barber and Brundage I;o do the civil engineering and permitting type work asso- ciated with this project, which consists of approximately 40-50% of the contract. He stated in Staff's opinion, their fee is very com- petitive, being in the 8% range of the total project cost. He explained his office tracks fees on a regular basis and other park work has ranged from 9-11%. He added the scope of work w~thin the contract is very detailed. Commissioner Volpe reiterated his concern with the design cost. He recalled when the Board was developing the community parks, the design cost for all five parks was approximately $900,000. Mr. Conrecode replied there were multiple phases to that contract which was initiated in 1984, augmented in 1986 and again ]n 1989, and which essentially captured all the costs associated with the first five parks. He said the final figure is considerably more than $900,000. Commissioner Norris questioned what the total cost was for the East Naples Community Park? Mr. Conrecode advised the typical cost for each regional park is $3.5-mtllion. Commf~sioner Norris asked if the County is able to use the same plans on succeeding parks since they are already paid for? Mr. Conrecode indicated Staff can look into that possibility, cautioning there may be copyright and liability issues associated with using that particular architect's design. C~i~Aoner Volpe moved, seconded by Com~issioner NorrAa and carried ~z~ni~raely, to continue this item to March 2, 1993, and Staff to wvalnmt:e re-using other park plane already paid for and determine if ~itionml work can be done An-house. Page 28 February 23, 1993 KECO~]~T~TION FOR AUTHORIZATION TO RETAIN TIM FERGUSON AS OUTSIDE ATTO~"f FOR MATTERS RELATING TO THE SABAr. PALM ROADWAY M.S.T.U. FROJ~CT - APPROVED Commissioner Matthews inquired if the residents in the Sabal Palm Roadway M.S.T.U. are in favor of Tim Ferguson being retained as the outside counsel on this matter? Tom Conrecode, Director of Capital Pro3ects Management, reported Mr. Ferguson ts the attorney being recommended by those residents. Co~missioner M~tthews moved, seconded by Commissioner Volpe and cmrr~ =~~ly, that T~ Fer~son ~ retained as ~tside attorn~ for ~t~ relating to the Sabal Palm Roa~ay M.S.T.U. County Attorney Cuyler clarified this is not a retainer situation, explaining the authorization is for payment after services. It~ DIS~SIOII U~IRO ~S' ~SPORTATIOR PROG~ - Commissioner Saunders indicated the Board has been provtded a memorandum from Tom Olllff, Public Services Administrator, concerning this matter. (Copy not provided to the Clerk to the Board.) Mr. Olllff advised the Veterans' Transportation Program is designed to carry Collier County veterans to medical facilities tn Miami and St. Petersburg. He reported receiving a request from the Veterans Council, the group operating the Veterans' Transportation Program, to relocate and break the contractual relationship with the County. He added they would like to use the remainder of the unspent funds which the Board originally granted them. He said Finance Director Yonkosky has indicated that can be accomplished, however, a reimbursement agreement is needed so that pre-audit functions can be completed. He noted transferring the van will not be a problem, because it was originally donated to the Veterans Council and can simply be transferred back to them. He recalled when this program was originally brought to the Board, it was the Council's long-term Inten- tion to be a stand-alone organization, and they were simply looking Page 29 February 23, 1993 for start-up funds and support from the County in terms of facilities to begin the program. Commissioner Saunders c]arif~ed the request ~s to transfer the van back to the Veterans Council and for the ability to continue utilizinG the money appropriated by the Board of County Commissioners for the Transportation Program. He said approximately $10,000 remain ~n that fund. Bud Kornse, Chairman of the Collier County Veterans Council, thanked the Board for their asslstance in starting this program. He said they are now capable of being self-supporting and do not plan to ask the County for any further assistance. Co~ifllioner Volpe moved, seconded by Comm~ssioner Norris and c~rrt~d m~mni~l¥, to approve the transfer of the van to the Veterans (~ounc~l and d~rect Staff to prepare a reimbursement a~reelent for t~e ~llance of the funds for the Transportation Program. (3~30) RESOLUTIO]! 93-?? APPOINTING FRANK BLANCHARD, JEFF BROWN, AUGUST ROCCO, RICHARD L'/q3~N AND INGE JOHNSTONE TO THE CITY/COUNTY BEACH RENO~RI~KNT ADVISORY COMMITTEE - ADOPTED Sue F:[lson, Administrative Assistant to the Board, presented a request to appoint five members to the City/County Beach Renourishment Advisory Committee. She reported having received 11 resumes from ci- tizens submitting their names for consideration of appointment. C~tl~Aoner Constantine moved, seconded by Commissioner Norris and cIr~'i~'d, unani~ously, to adopt Resolution 93-7? appointtn~ Frank Blancha~d, Jeff Br~wn, August Rocco, Richard Lydon and Inge Johnstone to the City/Counter Beach Renourishment Advisory Committee. 63' Page 30 T~pe ~4 Itu ,15 STAFF'B C~UNICATIONS February 23, 1993 County Manager Dorrill recalled Commissioner Saunders has discussed with him receiving an update by the City/County Beach Renourishment Advisory Committee at the Joint City/County Meeting on March 10th. Commissioner Saunders reported the Committee would like to make a presentation to both groups concerning beach renourtshment tn general. County Manager Dorrill advised he will make sure this matter appears on the agenda for the Joint Meeting. The following discussion took place at the end of the regular agenda: (213l) Mlke Mc:Nees approached the Board with a request to establish a schedule for program budgeting workshops. It was the consensus that the Board will hold program budgeting workshops at 9:00 A.M. on March 25, March 26 and March 31, 2993, and that each meeting will be scheduled for six hours. (133) RF. SOLUTIOI 93-78 SUPPORTING HOUSE BILL 29 RELATINO TO THE LOCAL OPTION GAS TAX - aDOPTED Commissioner Constantine remarked State Representative Mary Ellen Hawkins has introduced House Bill 29 to the Transportation Subcommittee, which will attempt to allow for the addition of two cents on the local option gas tax. He said because of the existing shortfall in funds for road construction tn Collier County, he is requesting the Board adopt a resolution supporting Ms. Hawkins' ini- tiative. Co.missioner Constantine moved, seconded by Coatssioner Volpe and carrt~ unanimously, to adopt Resolution 93-78 ~upporttng House Bill 29 relating' to the Local Option Gas Tax, Page 31 February 23, 1993 Item,lOg DI$CU~SlOI[ OF TI~ PAR~IRG LOT PLAI~ FOR THg GOV~RNI~NT COMPLEX - NO &CTIO~ Commissioner Saunders asked County Manager Dorrtll for an update on a propo~:ed parking plan for the Government Complex. County Manager Dorrtll reported an Employee Customer Service Task Team is locking at making the parking and building orientation much easier and more convenient for the public. He said they are looking into developing and building, tn-house, directional signs as people come in each of the main three entrances. He added County buildings will be renamed for their primary or generic purposes, i.e., Building "F" will become the Administration Building. He said there will also be a Tax Building, an Assessment Building, a Courts Building, Health and Community Services Building and a Sheriff's Department Building. He indicated they are also proposing to color code the signs and color code and stencil onto the sidewalks, directional arrows to the various buildings. He added maps will also be available at the directional signs. He reported another program is being developed that proposes all curb side parking adjacent to or tn front of any of the Government buildings will be reserved for the public only. He stated the Constitutional Officers seem tn agreement with that suggestion, which will require self enforcement. He concluded that he will report back to the Constitutional Officers at their next meeting tn two to three weeks with a parking plan. This belng a discussion item, no action was required. (446) Item ,10I DISCUSSION R~G~RDING THE HEARING OFFICER CONCEPT - NO ACTION Commissioner Saunders communicated some of the zoning Issues the Board is dealing with are creating conflicts. He said tn the past, the Board has discussed developing a hearing officer concept to place some of the more routine land use issues before a hearing examiner. OOO a 87 Page 32 February 23, 1993 He asked if the County Attorney has given much thought to this idea? County Attorney Cuyler replied he has researched this matter and will be able to present a recommendation by the end of March after meetfng with Development Services and the County Manager's represen- tative. Commlsstoner Saunders asked if this sub3ect ts something the Board 'may want to consider exploring further7 Commissioner Volpe indicated he has reservations with the concept. As an example, he said, Lee County has a similar program which is currently budgeted at $250,000 per year. He said these types of programs tend to grow over time. Commissioner Norris stated the Board of County Commissioners ts charged with this responsibility and he ts wary of allowing someone else to take that over. He suggested the land use items and zoning appeals be heard on a specified day of the month as opposed to being included in the regular weekly agenda. Commts:sioner Matthews reported she ts tn favor of the idea because of the ob3ectivtty that an independent, knowledgeable person will bring to those types of hearings. Commis,~loner Saunders mentioned the Board can also decide if there are certain types of cases that would be best heard by a hearing officer to see if the concept works. If it does, he said, the program can be expanded to include other land use matters. He gave his sup- port for moving forward to evaluate the concept. Commissioner Constantine said he would like more details before making a commitment. He proposed, rather than a hearing officer, that the Board consider appointing a quasi-Judicial advisory board to hear these matters. The following person spoke regarding this item: Lee Layne Commissioner Saunders suggested County Attorney Cuyler provide the Board with a list of the land use types of decisions the Board can ask the Planning Commission to be the final arbiter on, with an appeal to Page 33 February 23, 1993 the Board of County Commissioners. This being a discussion item, no action was required. (872) Itn~lO$ D~$~$~! ~IN(t ~ INI)EP~ ~A~R/$~R DIS~I~ - NO A~ION Commissioner Constantine reported he has been researching the sub- Ject of an independent water/sewer district and ts in the process of receiving information from other Florida Counties. He said he will provide the Board with a report once his research is completed. Commissioner Volpe stated he is opposed to delegating those types of responsibilities for essential services to an independent authority. Commissioner Saunders agreed that locations of plants as well as master plans for future utilities are the responsibilities of the Board of County Commissioners, however, there may be l~ne item issues that can be delegated. This being a discussion item, no action was required. Item llOX DI$CU~SlO]! RE~%RDING THE AGENDA SETUP - NO ACTION Commi~sioner Saunders indicated this item is in reference to a letter the Board received from the League of Women Voters. He said the League has raised a question concerning how to make the Board meetings more efficient. He asked each of the Commissioners to con- sider different ideas, such as having certain days of the month for land use matters, setting a time certain for various types of peti- tions and in general, how to structure the meeting to cover all the items in the most efficient manner possible. He suggested this matter be placed on the regular agenda at a meeting in the near future. This being a discussion item, no action was required. Item ,P12B1 ORDI~ 93-13. RK PETITION R-92-8, COMMONWEALTH MANAO~M~NT AND DK37ELOPMKRT CORPORATION, REQUESTING A REZONE FROM "A~ AGRICULTURE TO "C-4~ FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41, APPROXIMATKLY 1)~ MIL~ ,AST OF THE INTERSECTION WITH RATTLESNAKE HAMMOCK ROAD - GO Page 3 · ADOPT~D~ITH ADDITIONAL STIPULATION February 23, ~993 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 Ray Bellows presented Petition R-92-8, a request to rezone a 3-acre site from Agriculture to the C-4 zoning district to develop a specialty retail center. Me said slnce the subject property ~s bounded on two sides by approved commercial zoning, the site is eli- gible for commercial zoning via the commercial under criteria provi- sions of the Growth Management Plan; however, because the width of the site exceeds 200 feet, it requires Board of County Commissioners approval. He advised the criteria also requires the proposed use must not exceed 5% of the ]eve/ of service "C" design capacity on U.S. 41, and the t:~affic impact statement supplied by the petitioner indicates compltanc~ with this provision. He noted all required County agencies have reviewed the petit/on and have determined that no level of ser- vice standards will be adversely affected, and appropriate mitigation measures %~ill insure that the policies of the Growth Management Plan are maintained. He concluded the CCPC has reviewed Petition R-92-8 and reco~lends approval, subject to Staff's stipulations. Commissioner Volpe pointed out the a~enda package does not contain a disclosure of ownership. Planner Bellows provided the Board with the requested information. (Copy not provided to the Clerk to the Board.) In re~:ponse to Commissioner Volpe, Dwight Nadeau with McAnl¥ Asher and Associates, representing the petitioner, stated the project cannot include a convenience store with gas pumps or a high turnover s/t-down restaurant. Commissioner Volpe pointed out the Staff Report indicates those specific uses may be developed. Mr. Nadeau indicated they are not proposing a convenience store and, in fact, the petitioner has had some interest in a high quality 70 Page 35 II February 23, 1993 restaurant. Co~tntoner Norris moved, seconded by Commissioner Matth~ carried ~ntmon~l¥, to close the ~bl~c heartn~. C~ssi~er Norris ~oved, seconded ~ Co~tssioner Con~t~ttne, to a~w Petition R-92-8. Commissioner Matthews asked that the motion include an additional stipulation prohibiting gas stations and fast food restaurants from the permitted uses. C~i~r Norris ~nded the motion to include the a~e st~- lat~, s~ded ~ Co~ss~oner Constantine ~d carried the~ a~tin~ Ordinate 93-11, as entered into OrdAn~ce ~ok No. 59. It~ ~12Cl ~SO~IGN 93-79 ~DI~ING ~ ~SOL~ION 92-409 FOR SOLID WAS~ Legal notice having been published in the Naples Daily News on February 7, 1993, as evidenced by Afftdavft of Publication filed with the Clerk, public hearing was opened. Bob Fahey, So/id Waste Director, presented a request to reduce solid waste fees at two so/id waste facilities. He proposed to reduce from $18 per ton to $13.50 per ton, the yard waste tipping fees at both the Naples and Immokalee Landfills. In addition, he requested a reduction at the Immokalee Landfill in the fee charged for larger pieces of concrete and inert materials, from $4.00 per ton to no charge, ir, the hope of getting more of that k~nd of mater~al, which can then be used as fill for future lined cell construction. ~ta~ioner Constantine moved, seconded by Commissioner Norris and cma~-Ae~x~u~i~usl¥, to close the public hearing. Oo~s~to~er Constantine moved, seconded by Commissioner Norris and C~XTie4 unmnA~ously, to adopt Resolution 9S-79 modif~ing Rate Reso]ut~on~ 92-409 for solid waste fees and charges, to be effective ~ch 1, ~093. Page 36 February 23, 1993 Itn ~13A2 RESOLUTION 93-80 RE PETITION V-92-28, JAN A. LOPATA REQUESTIN~ A 40-FOOT ¥'ARI~NC~ FROM THE REQUIRED FRONT YARD SETBACK FOR PROPERTY LO~ATED ON T~ SOUTTI SIDE OF COCOHATCHEE BOULEVARD - ADOPTED SUBJECT TO AGI~B~:~IT SHEET Legal notice having been published in the Naples Daily News on February ?, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Chahram Badamtchian presented a request from Mr. Jan Lopata for a 40-foot variance from the required ?5-foot setback due to the irregular shape of his lot. He reported the Land Development Code (LDC) allows for a reduction ~n setbacks for non-conforming lots, but does not provide for reductions in front yard setbacks tn the Golden Gate Estates area, because most Estates lots are 660 feet deep. He said since the subject property is zoned Estates, this request requires approval by the Board of County Commissioners. He concluded the CCPC has forwarded Petition V-92-28 to the Board with a unanimous recommendation of approval. Commissioner Norris.asked if approval of this petition will result in the house being constructed in line with others in the neighborhood, to which Planner Badamtchlan responded in the affir- mative. John Munzenrieder, representing Mr. Lopata, added the property contains ~L 30-foot easement, and the County setbacks begin at the edge of that easement. He said following those requirements will result in setback of 105 feet from the edge of the property. Oo.~tl~onsr Volpe ~ved, seconded by Commissioner Norris and cmrr~e~ ux~n~ously, to close the ~bl~c hearing. C~ts~sioner Vol~ moved, seconded by Co~tsstoner Matthe~ ~d carrt~ ~t~sly, to approve Petition V-92-28 subject to the AT~t Sh--t, there~ adopt~n~ Resolution 93-80. Page 37 February 23, 1993 Ite~#14 BOARD OF C'O~NT~ CO~qlSSIONERS' COMMUNICATIONS Commissioner Saunders stated he has recelved a great deal of com- munication concerning the Lely Preserve. He asked the Board to con- sider whether or not to put this discussion back on the agenda. Commissioner Constantine suggested if the item is brought back solely for the purpose of clarifying the intent of the Board's direc- tion, he is in agreement; however, he is not interested in discussing the entire issue again, to which Commissioners Norris and Volpe con- curred. Tom Olliff, Public Services Administrator, stated his understanding of the motion was to incorporate the language proposed by the attorney representing the Barefoot Beach Homeowners Association into the management plan. He said that language has been added in place of the access language; 'however, an issue remains regarding the "and/or" language which indicates the Barefoot Beach Homeowners Association can make a determination that their guard at the gate should be authorized to make decisions about turning away traffic. It was the consensus that the motion clearly intended the park ranger will be solely responsible for that function. It was the concensus to remove the "and/or" language from page 4, Section F, of the Land Use/Management Plan for the Lely Preserve. Commissioner Matthews called attention to an item discussed at the February 9th meeting concerning a recreational park in the Golden Gate Estates area. She asked the Board to place that issue back on the agenda for the March 2nd meeting, and that Staff provide the Board with recommendations on smaller park facilities in that area. It was the concensus that a discussion of park facilities in Golden Gate Estates will be placed on the March 2nd agenda. ese Co~aisaioner Norris ~oved, seconded by Commissioner Saunders amd carried 4/0 (Cowmissioner Volpe out), that the following ite~a~ under the consent agenda be approved and/or adopted: s * ' Page 38 February 23, 1993 LAKK~ - ~[TH STIP~ILATIONS AS DETAILED IN THE EXECUTIVe-SUMMARY P~ES0LUTIOI! 93-51, FINAL ACCEPTANCE OF ROADWAY, DRAINAGE, WATER AND SE~E/~ IMP]~ FOR THE FINAL PLAT OF 'HERON POINT AT THE See Page "~'i'" ~ Item t16A:! HESOLUTIO]! 93-52 FINAL ACCEPTA~.CE OF ROADWAY, DRAINAGE, WATER AND SEWER IMP]tOVEMENT~ FOR THE FINAL PLAT OF "LELY ISLAND ESTATES" See Page 99 Item #16&4 FINAL PLA%~ OF 'GROVES ROAD" - WITH STIPULATIONS AS DETAILED IN THE See Pages /6~--~ -- /d~ Item ,16A5 ACCEI~TAN~ OF SECURITY FOR EXCAVATION PERMIT NO. POINT R.V. RESORT, PHASE ONE" 59.406 "PARADISE Item See P ge 3 ! EXCAVATION PERMIT R0. 59.462 - "SILVER LAKES" - WITH STIPULATIONS AS DETAILED ;[lq THE EXECUTIVE SUMMARY Item RESOLUTION 93-53, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABAT~IqENT OF PUBLIC NUISANCE FOR LOT 32, CRAIG'S SUBDIVISION, ANDNEW WO.TT~ZAK OWNER OF RECORD See Pages Ite~#16ATb - Withdrawn Item ~16A'~c RESOLUTIO]! 93-54, PROVIDING FOR ASSES~WENT OF LIEN, ~R ~n= COST OF ~ ~~ OF ~LIC ~IS~CE FOR ~L OF BLOCK 154, ~IT 5, GOLD~ GA~, ~]P ~ GO, INC. See Pages Page 39 February 23, 1993 It~ #16A7d R~SOLUTION 93-55, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF FUBLIC NUISANCE FOR LOT 17, BLOCK I74, UNIT 5, GOLDEN GAT~, SAR~ ROBERT~-SHARP Item #16&'Te See Pages /~" //b RESOL~TI~! 93-56, PROVIDING FOR ASSESSMENT OF LIEN, FOR T~E COST OF TH~ AB~T~ENT OF PUBLIC NUISANCE FOR THE S.W. CORNER OF THE S.W QUARTER {:IN 1/4) OF THE NORTR~rEST QUARTER (NW 1/4} OF SECTION 4, IN TOglN~HIP 47 SOUTH, RANGE 29 EAST, WILLIAM D. ROBERTS See Pages l!l-, /13 Ite~ ~16A:~ f RESOLUTIOn! 93-57, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF TH~ AB~TE~IENT OF ~LIC ~IS~CE ~R LOT 28, BLOCK M, KINGS L~ ~IT See Pages / / ! IS' Item ~16A1'~ RESOLUTION 93-58, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEmeNT OF P~/BLIC NUISANCE FOR LOT 7, BLOCK 135, GOLDEN GATE, UNIT 4, Rr~*G'H R. ORTEGA AND EVELYN C. ORTEGA See Pages I17 RESOLUTION 93-59, PROVIDING FOR ASSESSMENT. OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE FOR LOT 21, BLOCK 239, GOLDEN GATE, UNIT ?, JACOBO MEIS AND REGINA MEIS See Pages ! /'~" //9 Item ,16A?! RESOLUTION 93--60, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF TH~ AB~TE~IIT OF P~IBLIC NUISANCE FOR LOT 11, BLOCK 155, UNIT 5, PART --~0~ I]ATE, MRS. D. R. KOSMINER See Pages /~ ' /C~. / Item ~16ATJ RESOLUTION 93-61, PROVIDING FOR ASSESSI~L~TT OF LI~, ~R ~ COST 0F ~ ~~ OF ~LIC ~IS~CE ~R LOT 5, BLOCK J, ~INCI~A VIL~, ~IT NO. 1, RI~JE J. KOLD~ ~D LENA L. KOLD~ See Pages Item ~16A7]c RESOLUTION 93-62, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEM]:NT OF ~BLIC ~IS~CE BE~I~ING AT A CONCR~E 87 ,o Febr=ary 23, :1993 MAREI]I~ TH~ ~OOTHWEST CORNER OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 18, TONNS~IP 50 SOUTH, RANGE 26 EAST, KENT DEVELOPMF_~NT, INC. Item ~OLUTI~! 93-63, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE A~&T~3IT OF PUBLIC NUISANCE FOR LOT 2:1, BLOCK 97, UNIT 3, GOLDEN GATE E~TAt~E~, MARC D. JACOBSON, TRUSTEE OF TRUST B Item #16A%!m RESOLUTIO]! 93-64, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF I~E AB&TE~D~NT OF ~-uBLIC NUISANCE FOR LOTS :107 AND :109, PORT-AU-PRINCE, J.D. HEI~RONAND CHARLENE HERRON Item ,16ATn See Pages RESOLUTION 93-65, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF T]~ ABaTEmENT OF IMIBLIC NUISANCE FOR LOT 20, BLOCK 189, UNIT 6, GOLDEN GATE, M. 3. HAMTON AND SHEILA B. HAMTON See Pages Item #16A7o I~SOLUTION 93-66, PROVIDING FOR ASSESSMENT OF LIEN, FOR TIFE COST OF THE ABATE~rT OF PUBLIC NUISANCE FOR LOT 18, BLOCK A, UNIT 1 OF CONNOR'S V,~I~EI~BILT BEACH ESTATES, JULIUS FISKE, TRUSTEE See Pages Item #16AT]p RESOLUTION 93-67, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEmeNT OF 1MIBLIC NUISANCE AT THE NORTHEAST CORNER OF THE WEST 380 FEET, OF TT~ EAST 1070 FEET OF THE NORTH HALF (N 1/2) OF TTIE SOUTH]EAST (~UARTER (SE 1/4) OF TRE SOUTHI~AST QUARTER (SE :1/4) OF SECTION 4, TCRJNSHIP 47 SOUTH, RANGE 29 EAST, DONALD P. ~ROADREAD AND SOPHIE B. BROADHEAD It~ ~16&Tq RESOLUTION 93-68, PROVIDING FOR ASSESSMENT OF LIEN, FOR TRE COST OF T~E A~&T~MI~NT OF PUBLIC NUISANCE FOR LOT 2, BLOCK 24, LELY GOLF ESTATES, ~. ANDREWS EAST, BHADSTROM, INC. It~ · RESOLUTION 93-~9, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF TH~ A~iT~I~T OF POBLIC NUISANCE FOR LOT 1:1, BLOCK I10, MARCO BEACH Page UNIT T~REE, JAMES W. ANCHANT Februar~ 23, 1-993 See Pages RESOLUTION 93-70, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE A~ATEM~NT OF PUBLIC NUISANCE FOR LOT 12, BLOCK D, BROOKSIDE UNIT #2, MABEL )q. ALBRECHT AND VICTOR CHARLES ALBRECHT RESOLI~TIUN 93-71, PROVIDING FOR ASSESSMENT OF LI~N, FOR THE COST OF TH~ AB&T~3~lqT OF I~T~LIC NUISANCE FOR LOT 1, BLOCK 293 OF MARCO BE&CH UNIT EIGHT, AJUAD ABOU-ASALI Item ~16A?u RESOLUTION 93-72, PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF TT[E ABATEM]~NT OF FUBLIC NUISANCE ~R LOT 17, BLOCK 277, GOLD~ GATE, ~IT NO. 8, P~T I, ~ILE ACHO~ A~ MICHELE ACH0~ ~AL AGREEMENTS NOS. 3 THRU 8 WITH APAC-FLORIDA, INC. FOR CONSTRUrJ'TION IMPROVEMENTS TO AIRPORT-PULLING ROAD (COUNTY ROAD PROJECT NO. 66033) QUITCLAIM DK~D FOR RO~AY ~ D~INAGE EAS~ IN ACCO~CE ~ ~ ~AGH IN ~ ~~ED ~RTION OF SE~ION 35, T~SHIP 48 See Page /'7~ Item 91~Cl - Delet~ Item #1~C2 ~UDGET ~~ I~SING ~ 123 IN ~ ~O~ OF $4,554.05 Item ~16D1 - Deleted Item #16D2 NOTIC~ OF ~ROMISK TO PAY AND AGREEMENT TO'EXTEND PAYMENT OF SI~4ER IMPACT ~ FOR E. THOMAS WAINWRIGHT, SR., AND MARJORIE S. WAINWRIGHT See Pages Page 42 February 23, ~993 Ite~lSD3 SATISFACTI(~ OF NOTICE OF PROMISE TO PAY AND AGREEMenT TO EXTEND PAYMenT OF S~ I~A~ ~ES ~R SUS~ J. BEC~, DE~ ~ S~ ~, ~I~ ~E, RIC~ ~ BE~ MCCOY, J0~ ~ ~ ~Y, D~L ~ ~NI~D MO~G0~RY, RIC~ RIVED, TIMO~ ~ ~~ ~, MIC~L ~ G~I ~E~ILL A~ RUTH ~0~IDE Item #16D4 NOTIC~ OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER IMPACT F~ES FOR BARBARA MASON MOSCARDELLI Item ,16D5 NOTIC~ OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER IMPACT F~ES FOR FIRST ASSEMBLY OF GOD OF NAPLES, INC., A NON-PROFIT CORPOI~ITION Ita SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAFM~NT OF ~KWER I~PACT FEES FOR j=~KtA'Y AND SANDRA AHLQUIST, OSCAR AND NILDA DI~LI~ON, GREG AND MARILYN HAMACHEK, ROBERT AND LINDA HOMEIER, DOUGLAS AND K~LLEY EVANS. CAROLE AND MARK MATHY, MICHAEL MCCAIN, KEITH AND ~ ~{~TKALOSKI, RICHARD AND SUSAN WHIDDEN, AND ELAINE YOUNG Item See Pages RESOLUTION !)3-73, AUTHORIZING THE ~.x~CUTION OF A RIGHT OF WAY LICENSE A~RE~I~ENT W~TH THE LEE COUNTY ELECTRIC COOPERATIVE, INC. FOR THE PURPOSE OF CONSTRUCTING A SLOWER FORCE MAIN WHICH WILL SEHVICE THE I ~S~OKALEE S~tOCKADE See Pages ~/5---- c~C~'~ ACC~ A~I~I~NT BETWEEN WAL-MART STORES, INC. AND COLLIER COUNTY It~ ~16H4 -- ~ to #8H3 RH~OLt~TIO~ g~-?4 RECOg~[ENDING CHARLES RAY PALMER ANDMARYANN GARCIA FOR APP~II~T~ENT~ TO THE BOARD OP COMMISSION~S OF THE I~IOKALEE WATER AND~ DISTRICT Page 43 February 23, 1993 SeePage ~~ Item ,163! · XTR& G&T]I ?II~ FOR IRMAT~ NOS. 78180, 80950, ?62?7, 64209, 56260, 69229, 42269, 4761B, 29323, AND 6916B Item ,163 MI$C*~LT~I~0U~J CORRESPONDENCE - FILED AND/OR R~FERR~D The following mlscellaneous correspondence was flled and/or referred as presented by the Board of County CommIssioners: Page 44 February ~3, ~993 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 3:45 P.M. / .'i~' .',' AT~EST :' '? ' - .:, DWIGHT E;. BROCK.~ ~CLERK ,'~.~; %, ~. ~, '.. .~ '~ , hese mlnutes approved by the Board on as presented~ or as corrected BOARD OF COUNTY CO~ISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN ~OOK J~OOPA¢~c.., 95 Page 4,5