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BCC Minutes 10/20/1992 R Naples, Florida, October 20, 1992 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULA~ SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael J. Volpe VICE-CHAIRMAN: Richard S. Shanahan Burr L. Saunders Max A. Hasse, Jr. Patricla A. Goodnlght ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Ellie Hoffman, Kathy Meyers and Annette Guevin, Deputy Clerks; Nell Dorrlll, County Manager; Guy Carlton, Tax Collector: Jennifer Edwards, Assistant to the County Manager; Ken Cuy]er, County Attorney; MarJorie Student and Brenda Wilson, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Tom Olliff, Public Services Administrator; Bill Lorenz, Environmental Services Administrator; 3ohn Boldt, Water Management Director; Dave Pettrow, Development Services Director; Tom Conrecode, Office of Capital Projects Management Director; Robert Wiley, Engineer Project Manager; Steve Carnell, Purchasing Director; Bob Blanchard, Growth Planning Director; Vlad Ryziw, Engineer Project Manager: Tom Kuck, Transportation Capital Projects Manager: Ron Nino and David Weeks, Planners; Sue Filson, Administrative Assistant to the Board; and Deputy Acey Edgemon, Sheriff's Office. Page Tape (~o) APPROVED WZTH CHANGES October 20, 1992 Comm~oaSone~ Shanahan moved, aeconded by Con~as~oneF Hesse end carried unanimously, that the agenda be approved with the changes as datal~ed on the Agenda Change Sheet and the add~tiona! change mo ref~ct~d Item #16B2 - Moved to #8B2 - Recommendation to approve and execute a Supplemental Agreement for L~vingston Road MSTU Environmental Services pursuant to prior BCC actions; CIE Project No. 021. Page 2 APPROVED AND/OR ADOPTED October 20, 1992 The ~otAon for approve! of the Coneent Agenda ie noted under (162) N2]IUTE~ OF T]~ R,tGULAR I(EET2Ng OF OCTOBER 6, 1992 ARD SPEC2AL MEETING OF OCTOBER ?, 1992 - APPROVED Coaatlaloaer Shanahan ~oved, seconded by Commiee/onar Hume ~d c~1~ ~Lnsly, that Minutes of the Re~/~ M~tt~ of 0cto~r 6, ~992 ~ t~ 8~ctal Meeting of 0cto~r 7, 1992, ~ approv~ u pre- BentS. lt~ tSA Commissioner Shanahan congratulated the following employees and presented their Service Awards: Keith E. Magero, 5 years, Util]t]es/Water Operations Cheryl G. Godfrey, 5 years, ParRs and Recreation Xtel (21s) t~ROC'~..ANATXOX DXSXOXATIN~ OCTOBER 29-23, 2992, AS HISFAX[C HgH[TAO~ ~ ZX CO~Z~R COU1rTY - ADOPT]CD Upon reading of the proclamation, Commissioner Hume moved, lecon~ed by Commissioner Shanahan and carried unanimously, that the P~ocl~tion daeignating October 19-23, 1992, as Hispanic Heritage M~ek ~n Collier County, be adopted. Mr. Frank Rodrlguez, President of the Latin American Business and Professlonal Association accepted the proclamation. Page 3 October 20, 1992 PRESENTATION OF UNUSED FUNDS TO ~ BO~ ~ ~ C~TON, T~ CO~~ - ~ IN ~ ~O~ OF $2,98~,~64.~0 ACCE~D Tax Collector, Guy Car/ton presented the Commission with a check the amount of $1,987,764.70 which represents unused funds. (4~?) ~UDd2~'~ ,t~,I~]IDI,(:~JIT~ 92-~33 ~ 93-2 - Co~,aisaAoner Shanahan moved, seconded by Com~Assioner H&sse and carrAe~ unanimously, that Budget A~endments 92-533 and 93-1 be Adopted. Zte~ ~&5 & ~6A6 FAnance Director Yonkosk¥ requested that the Commission adopt Budget Amendment Resolutions BAR-92-36 and BAR-93-]. He called atten- tion to BAR-92-36, and advised that Budget Amendment 92-530 in the amount of $80,728 has not yet been presented to the Commission, but was inadvertently included in the resolution. Cc~mils~oner Shanahan ~oved, seconded by Co~a~ssioner Ha~ee ~d carrl~ ~l~ly, that ~dget ~en~ent Resolutio~ ~-92-36, ~ ~d ~-93-X ~ adopted. Page 4 October 20, 1992 It~ ~6D (~e) STATUS OF SPECIAL DISTRICTS' COMPLIANCE WITH FLORIDA STATUTES RE AUDITS AND REPORTS UNDER CHAPTER 189 REQUIREMENTS - REPORT ACCEPTED; THIRTY DAY EXTENSIONS GRANTED TO CHILDRENS' SERVICES COUNCIL AND BIG CORKSCREW ISLAND FIRE & RESCUE DISTRICT Finance Director Yonkosky presented the Annual Report of the Status of Special Districts' Compliance with Florida Statutes, Chapter 189 Requirements. He referred to the Executive Summary, reflecting the matrix of the items required to be presented to the Clerk to the Board. Mr. Yonkosky indicated that as of last week, two entities are not in compliance. He advised that the Childrens' Services Council has not had an audit and a management letter is required for all indepen- dent special districts. He announced that they have requested a 30 day extension. Mr. Yonkosky pointed out that the Big Corkscrew Island Fire & Rescue District is not in compliance, however, a letter was faxed reql/esting a 30 day extension. Mr. Yonkosky stated that he is recommending that the 30 day exten- sion be granted to the two entitles, as requested. He explained that he will report back at a later date on the consent agenda when the required items are received. , C~i~eloner Shanmhan moved, seconded by Comm~seioner Hmsee and cmrri~ &/O (C~Aealoner Sanndere out of the room), to accept the report, m~ ~reeented and that a 30 day extension be ~ranted to the ChAldrene' Services Council and the BAg Corkscrew Is/and FAre & Rescue DSetr$ct. (~60) WILLIAM G. CRONE REPRESENTING NAPLES COMMUNITY HOSPITAL, RE IMPACT FEE FOR TH~ P~OPOSED IMMOKALEB HOSPITAL - STAFF TO RE-CALCULATE ROAD IMPACT FEZB AND BRING BACK ON 10/27/92 Attorney George Vega, representing Naples Community Hospital (NCH), announced that an Urgent Care Center is proposed for Immokalee, Page 5 October 20, 1992 however, the impact fees are tremendous. Mr. Vega indicated that NCH is a public hospital and public hospi- tals do not have to pay impact fees. In addition, he explained that the services that NCH provides to the community far exceeds in dollars the amount of the impact fee to be paid. He requested an exemption from the impact fees. In response to Oommissioner Volpe, County Attorney Cu¥1er advised that the EMS Ordinance contains a provision which allows tax-exempt facilities, providing a county-wide benefit An terms of health care and meeting other criteria to be exempt from that impact fee. Mr. Edward Morton stated that the impact fee computation is $60,000 for the ambulance and $227,000 for roads. Oommissioner Saunders indicated that NCH is saving road trips by providing these facilities as opposed to creating new road trips by driving to the main hospital on 4th Avenue North and suggested that staff explore the computation of the road impact fees. Transportation Services Administrator Archibald explained the manner by which road impact fees were calculated for the hospital: $2,589 per 1,000 square feet. He reported that this is based on a trip rate per 1,000 square feet of 16.8 and trip length of five miles. He revealed that this is an appropriate figure for the urban area, but this may not be an appropriate figure for the Immokalee area. He stated that staff could look at site specific data for the clinic and compute for that specific location. Mr. Vega remarked that he would be amenable to continuinG this item until next week so that a complete package for consideration could be presented to the Commission. Commissioner Saunders ~oved, seconded by Comtastoner Hesse to conti~ this ttm~m to 10/27/92; staff to re-calculate the road Impact fee ~nd that m determination be made relative to the credits that may be mil&bls for emergency medical services. The following persons spoke with regard to this item: Mr. Dudley Goodlette Mr. Fred Tarrant _ Mr. William Crone BOOK ~OP'~' 1~ Page 6 October 20, ~992 Upon c&l! for the question, the motion carried 4/0 (Courmiasioner Sa~m~eFm out of the room). %tam ~7B (~3~0) J~HOSROM MC)A~I RKPRESKNTING GFK CONDOMINIUMS REQUESTING BUILDING PERMIT EXTENSION - NINE MONTH EXTENSION GRANTED Mr. Khosrow Moaveni stated that he is requesting a nine month extension for a building permit with regard to GFK Condominiums, due to the death of the architect involved with the project. Development Services Director Pettrow advised that the Chief Building Official has review this request and has no objection with respect to granting the nine month extension of the building permtt, Commissioner Shanahan moved, seconded by Couiemioner Hames and carried unani~asl¥, that a nine ~onth extension of the building per- mit for GFK Condo~iniu~s be granted. (2,03) CARNIVAL PERMIT 92-3 RE PETITION C-92-3 FOR ST. ELIZABETH SETON CATHOLIC CHURCH TO CO~DUCT A CA~IVAL FROM NOV~mER 31 THROOOH Planner Nine announced that this is a request from Reverend Joseph Spinelli for a carnival permit for St. Elizabeth Satan Catholic Church to conduct its annual carnival from November 11 through November 15, 1992. He stated that all pertinent procedures have been met in this regard. Conditioner Shanahan ~oved, seconded by Co-~os~onar ~oodn~ght · ~d C~ZTtedun~ni~msl¥, that C~i Pe~t 92-3 ~ ~t~ to St. ~~ ~t~ Clt~l~c Ch~ch. Page 7 October 20, 1992 RECO~H~]~DATZON TO APPROVE RESOLUTION TO ESTABLISH FINAL PAYMENT TO TH~ CONTRACTOR AND ENOINEER FOE CONSTRUCTION IN COLLIER VILLAOE IN IMMOF~LKE - CONTINUED TO 10/27/92 County Manager Dorrill stated that this item was inadvertently left off the agenda index, but noted that it is requested to continue this item until 10/27/92. Commissioner Hasse ~oved, aeconded by Commissioner maunders and carried unanimously, that this item be continued to 10/27/92. Item ,8B1 (1480) REPORT ON PROJECT STATUS AND Fu~uING OPTIONS OF TH~ LELY HIGH SCHOOL ENTRANCE ROAD PROJECT - STAFF TO REPORT BACK RE DEFERRAL OF OTHER PROJECTS; IDE~TIF~ FUNDING SOURCE; COMMISSIONER SHANAHAN TO MEET WITH SCHOOL BOARD; AND STAFF TO DISCUSS WITH DEVELOPER REIMBURSEMENT AT INFLATED COSTS Transportation Services Administrator Archibald presented an exhi- bit of an alternative plan to reconsider the roadway leading from St. Andrews Blvd. to Lely High School. Mr. Archibald explained that the Naples Manor area has been growing and is approaching build-out. He indicated that the streets in this area do not meet current county standards of roadway widths of 24' He noted that these roadways are between 18' and 20'. He reported that at the same time, Lely High School is developing, provi- des an important service, and generates a good deal of traffic. Mr. Archibald advised that an expansion of the school is proposed which would provide for an additional 600 students. Cai/lng attention to the exhibit, Mr. Archibald stated that the trips on U.S. 41 from the east and the west are using Broward Street to gain access to the high school. He reported that traffic from the north is traveling south down St. Andrews Boulevard. He revealed that all these vehicles including buses are funneling through the ~treets in Naples Manor.to gain access to the high school. He advised that the school and the subdivision would be better suited if the Lely High School access was from the proposed roads in the Lely development. Page 8 October 20, 1992 Mr, Archibald advised that the first Page of the Exhibit proposes the concept of connecting an entrance road to Lely, as it was origi- nally proposed from the north and only building what is outlined in "red". He pointed out that the construction as outlined in "green" would be deleted. Mr. Archibald indicated that there would be an east/west segment of roadway consisting of approximately 3,400' and a north/south segment comprised of approximately 2,000' He reported that the cost of this project is anticipated to be $900,000. Mr. Archibald suggested if the Comm~ssion desires to consider the concept as outlined, that staff be directed to look at the construc- tion costs from the vantage point of constructing the roadway in-house or to construct same by contract, Commissioner Saunders suggested that since the developer would be reimbursing the county in 1999 for the cost of constructing the road- way, that the reimbursement be based at a rate of what the cost would be to build that road in 1999. Mr. Archibald stated if the desire of the Board is to proceed with this project, other transportation projects would need to be deferred in order to come up with the $450,000 which is the county's share of this project. The following persons spoke with regard to this Item: Judith Morrtson Mtchelle Lugo Ron Webster George Keller Chris Peter CoBLileioner Shmnahan moved, seconded by Commissioner $&unders and carried unanimously, to move ahead with the project; identify the fun- ding; etmff discuss with the developer the dollars to be reimbursed at inflated costa; and that Coaisstonsr Shanahan meet with the School Board to finalize the agreement. ese Recess 10:55 A.M. - Reconvened 11:10 A.M. asa lte~ ~H1 (710) BID ~92-1948 I~R THE e0LDEN GATE CON~fl~NXTY PARX AQUATXC FACXLXTY - AWARDED TO NELLER POOLS; STAFF TO EVALUATE AND REPORT FACE RE ADDING Pmge 9 Octobe~ 20, 1992 SPT&SE POOL Office of Capital Projects Management Director Conrecode stated that this project was advertised in July, 1992, and bids were received from six different contractors. In addition, he Indicated that one Informal protest has been received from a local pool builder. Mr. Conrecode announced that Waller Pools is the apparent low bidder, however, at the September 22, 1992 meeting, the Commission directed staff to negotiate with the low bidder and come back with a project that ts within the budget. Re noted that staff is recom- mending that the bid be awarded to Waller Pools for the negotiated amount of $1,335,~79. He revealed that changes that have been made include the elimination of the plunge pool with slide, reduction in landscaping, and changes to the support facility, In answer to Commissioner Hasse, Mr. Conrecode stated that the cost to include the plunge pool and slide is $186,000. Commissioner Volpe noted an $80,000 shortfall and questioned the source of funding for same. Mr. Conrecode replied that Fund 306 Reserve Fund would be used for this purpose. In response to Commissioner Volpe, Public Services Administrator Olliff Indicated that operational costs are anticipated to be $300,000 annually. The followIng persons spoke with regard to this Item: Karen Davldson Joan Gamso Betty Vlllanl Mary Dteken Myra Shapiro Bob Bennett Tom Henning Commissioner Hasse questioned whether there would be a problem adding the splash pool in the future, to which Mr. Olltff replied that this could be done, but it would be a little more difficult after the slab has been poured and later broken out. Coutsstoner Goodntght suggested that Regional Park Impact Fees be used for the splash pool and slide. She remarked that the splash pool Page 10 October 20~ 1992 has been very successful tn Cape Coral. Commissioner Volpe revealed that he feels this ]s an important facility, but noted he is struggling w~th priorities due to the econo- mlc conditions. Commissioner Hasse stated that construction costs will Increase each year and believes the county should move forward with the pro- Ject. Commissioner Saunders explained that pools have been ~dentifted as & legitimate need Jn the Comprehensive Plan since 1989. ~taalonmr Saundars loved, seconded b~ Comaiaeloner Huse and carried 4/1 (Co~aleatoner Volpe opposed), to approve the award of Bid · 92-1948 to W~ller Pools; staff to evaluate modifying the award to ~ncludm the ~pl&eh pool In the amount of $186,000 and report back to the Coa~lmeton; staff to advise the contractor of same. ,t-. ,,~, s~ ~AG~S- Iq._,~- R~C(I~ND&TZON TO EXECUTE SUPPLEI~F~TAL AGREEMENT FOR LIVINQSTON ROAD M~T~ ~II~OlM~IITI~ SERVICES PURSUANT TO PR%OR BCC ACT%ON - I~VIOOS AI~FItOV&~ OF COIITR~CT EXPK~DITURKS R~AFFIRNED; RI:PORT ON BO]ID~ TO BE ~OU~T ~ ON 10/27/92 Transportation Services Administrator Archibald revealed that this Item involves .the Livingston Road project and ~s an overview with a Supplemental Agreement for environmental permitting activities that have been subject to prior Board agenda items. Mr. Archibald noted that the two prior activities have been con- solidated ~nto one supplemental agreement, based upon the total dollar amount of $98,474. He explained that this includes $24,000 tn con- tingent studies. He Indicated that the first phase of the work has been completed. Finance Director Yonkosky advised that the Finance Committee has prepared a status report and noted that the Board has three alter- natives. Mr. Yonkosky reported that the side issues deal w~th what should be done with the existing bond issue. Page October 20, 1992 Commissioner Volpe recalled that staff was to come back with a report this fall and a decision was to be made with regard to collapsing the bonds, refinance, or doing something else. Mr. Yonkosky stated that It was anticipated that the report would be presented in November, however this was tied to the fact that permits would be obtained, but At appears that those permits will not be received by November. Mr. Yonkosky divulged that decisions need to be made with respect to dealing with the existing bond issue. He noted that every month of delay, results tn an additional $30,000 of commitment based on figures of the difference of what is owed on the bonds and what is earned at SBA. Commissioner Volpe indicated that he is hesitant to move forward with the agreement today, since there may be members of the public from the affected area desiring to speak on this issue. Ne suggested that this item be placed on next week's agenda. Co~lmmioner Volpe ~r~ed, seconded by Co~iaaionar Shanahan and carrt~dunani~u~ly, to raaffir~ previous approval of & contract exp~ndiTure for Livingston Road in the a~ount of $98,4?4, and that thim ttn be brought back on 10/27/92. Page 12 October 20, ~992 ess D~t~ Clerk ~eyere replaced Deputy Clerk Hoffatan at this (2ese) Stem ~20& CO]~XDDJtTION OF ACQUISITION OF DR[DGINQ ZQUIPI~NT - STJ~F DIRZCT~D TO ~VAL~T~ ACqOlS~TXO~ Of D~D~II~ ~qUIF~NT #XTll CITY Commissioner Saunders reviewed that he attended a City Council Workshop and also a Save The Bays Meeting which discussed and reco~nized the potential for Collier County and the City of Naples to acquire dredging equipment that would be useful for a variety of purposes. Co~aiaaloner Saunders requested that the Board direct Staff to work with the City Manager and other interested parties and determine what type of equipment is avaSlable on the market, the operational costs for the equipment, the potential mission that could be developed for the equipment and what savings could be realized by the taxpayers. He noted that other communities north of Collier County own their own equipment and have been successful in saving money. County Manager Dorrill reviewed that the West Coast Inland Navigational District, a special taxing distract that was created by the Legislature and includes every county on the west coast south of Tampa Bay with the exception of Collier, is comprising an evaluation for inlet dredging. Commissioner Goodnlght questioned whether the equipment would be ,-~ %ltilized on a continuous basis. Commissioner Saunders responded that the new equipment is extre- mely flexible and would be easily put to use twelve months out of the year. Commissioner Saunders ~oved, seconded by Co=~teatoner Shanahan and carried unani~oual¥, to direct Staff to Nork with the City )tanager and d~.loD in evaluation regarding the acquisition of dredging equlplent. Stem d~G1 ~X~'~/'L'ZOII OF PURU'"~%SX A(JR~)~:~N'L' AND CONY~YANCZ FROM HR. AND MRS. ,~. JO]INSOII FOR B:X~ANS:ZON OF ~ L~T.y BRANC~ CANAL - APPROVED John Boldt, Water Management Director, presented an up-to-date review on the County's progress in securing drainage easements for the October 20, 1992 expansion of the Lely Canal. Mr. Boldt distributed a map denoting parcels already acquired and parcels under consideration and noted that parcel 13 ts under con- sideration for purchase tn the amount of $1,029. Tape ~3 Mr. Boldt mentioned that the current po/icy for funding Capital Pro,acts is by special assessment districts that are initiated by a petition of fifty percent plus one, and that this will involve approximately 30,000 property owners in this area, requiring signa- tures of approximately 15,001 property owners. Mr. Boldt summarized that Staff recommends acceptance of the par- cel. Oo~iasAoner Shanahan moved, seconded by Commissioner Hasse and carried 4/0 (Co~issioner Saunders absent}, to approve the lm~rchase agreement with Mr. and Mrs. Johnson for parcel 13. Page 14 October 20, 1992 · P, AS~ AGREEMENT FOR ACCEPTANCE AND CONVEYANCE OF PARCEL ~2.3 FOR THE ~'w1~AN~ION OF THE LELY BRANCH CANAL - APPROVED Mr. Boldt noted that parcel 2.3 is under consideration for purchase tn the amount of $34,421. COlliUtoner Shanahan loved, eeconded by Co~ltestoner Haase and carried 4/0 (Co~ltss~oner Saundere abeent), to approve the purchase eue~ent &g~eelent for parcel 2.3 for the expansion of the Lely Branch Clnll. Page October 20. 1992 (2~2) RKC~&TION TO RKTAIN MILLKR & HOLBROOEX TO RKVIEM THE TRANSFKR APPLICATION SUBMITTKD BY PALMKR CABLKVIS[ON - DEN[KD; ANALYSIS OF TRANSIP'KR~CATION TO BK COMPLKTKD ~NT~RNALLY Jennifer Edwards, Assistant to the County Manager, reviewed that the Board authorized an internal transfer of Palmer Gablevision's franchise, and subsequently Palmer Cablevision has decided to sell their cable system. Mrs. Edwards noted that presently Palmer Cablevision is requesting that the County nullify the December transfer and approve the transfer of the franchises to Colony Cablevision of Florida. She confirmed that an application package has been received but no application fee has been received, and that accordinG to the Ordinance is to be an amount not to exceed $10,000 and should offset the cost of the eva- luat~on of the application. Com~ils~oner Saundere returned at this time. Mrs. Edwards summarized that the County Manager is requesting that the Board authorize retaining the firm Miller and Holbrooke to eva- luate the appl~cation with special regard to Golony's experience as well as finances, and their past work history with Collier County. Dudley Goodlette with Cummings and Lockwood spoke to this item. He spec~fied that this is simply a request for transfer and not a renewal. Co~m~nion~r Shanahan ~oved, seconded ~ Contso~oner S~er8 ~d c~F~ The Tr~fem m~l~ca~on ~n~eF~lly ~d ~ To ~ c~ged ~o corem the cos~o. Cowry Manager Dorrlll ~nd~ca~ed that the review w~ll be completed ~d ~e~u~ned ~o ~he Boa~d within thirty days. (0~2) ~I~-~O~Z~D S~L~ ~ ~O~IDA ~O~L~ HOUSINg, INC., ~. ~~ ~. LI~IN~ER, ~., ~T ~. - BO~ ~ P~I~I~ CO~D NOT County Attorney Cuyler reviewed the history of the April Circle Project. - Page ! 6 October 20, 1992 Robert Gebhardt, representing Florida Affordable Housing, spe- cified that the offer of settlement can bring an end to the troubling litigation at no cost to the taxpayer. He distributed a copy of Judge Blackwell's ruling to the Board (copy not provided to the Clerk to the Board). He related that his client's position is strengthened by Judge Blackwell's findings, but would rather end the litigation and avoid the appeal costs and permit the affordable housing to be built. The following people spoke to this item: George Keller Frances Barsh Douglas McGtlvra ese Jteceol~.d mt 1:30 P.M. - Reconvened mt [:4fl P.M. Mr. Gebhardt discussed that as a condition of the final settlement a dismissal of the lawsuit will be filed, because in his opinion the court has vindicated his client. He clarified that his client does not agree to deferral of the impact fees. Alternatively, he suggested that he submit a subordinated mortgage to the County, which would constitute a payment into the impact fee funds and be reduced over a period of years. Discussion regarding the amount of the impact fee waiver ensued. Tape ,4 Tom Hinters spoke to this item. Mr. Heutman spoke to this item. He discussed that the lawsuit filed by the Plaintiff can be divided into two parts: 1. A challenge to the rescinding resolution and a claim that the rescinding resolution is not consistent with the County's Growth Management Plan; 2.. It alleges that the County is equitably estopped from rescinding the waiver because Florida Affordable Housing acted in reasonable reliance in initially getting the waiver. He reviewed that Judge Blackwel! has ruled on the first part and that the County has a strong position on appeal. Commissioner Volpe stated that the parties are not able to reach a compromise at this time. Xteu ~gl DXS~XON ~RDING STATUS RELATING TO THE HEUTMAKER APPEAL - NO -87 <::. [~OOIt PI~[ Page 17 October 20, 1992 County Attorney Cuyler reviewed that this appeal ts an eminent domain case dealing with the water treatment plant. Mr. Cuyler advised the Board that the County should proceed with the appeal and that he wtll inform them of its progress. (?g?) X~ou~IOB lq~3L~TXON liS. 92-564 REAPPOINTING RICHARD LYDOR AND GARY M&STRO ARD APPO]31TXIM WILLXJLM 5TKKI( AS MKiqBKRS TO THK PUBLIC VEHICLE ADVISORY COI~(ZTT]~ - JLDOPTKD Sue Ftlson, Administrative Assistant to the Board, reported that terms for three members to the Pub]lc Vehicle Advisory Committee have expired and Staff recommends the reappotntment of Richard Lydon and Gary Mastro and the appointment of William Steen. Commissioner Ruse moved, eeconded by Coutsstoner Shanahan and c~rrted unanl~x~uely, to adopt Reoolutlon No. 92-564 ap~tnttng Wllllu St~ ~ ~lntlng Richard Lydon ~d Ga~ ~stro to the ~bltc Vehicle ~t~ Co~tttee. ]~a~ 18 October 20, 1992 "',: ~VALUATION OF THE COUNTY ATTORNEY ACCEPTED; COUNTY ATTORNEY TO RECEIVE 2~ ~ SLT, JU~ INCREASE Commissioner Volpe stated his observations of the County Attorney, noting that his concerns or criticisms of the County Attorney are in terms of being proactive and not participating tn the Strategic Planning process, and that he did not exceed his expectations. Commissioner Goodn~ght expressed that the County Attorney's Office does a decent Job and meets her expectations. Commissioner Shanahan recognized that he has received complaints relative to timely response from the County Attorney's Off~ce to tndi- v/duals in the community and that the County Attorney's Office meets his expectations. Commissioner Saunders acknowledged that he rated Mr. Cuyler as exceeding expectations in the area of leadership and staff develop- ment. He deemed that the County Attorney should take a more aggressive approach in anticipating future legal issues. The following people spoke to this item: George Keller Dick Braun Commissioner Volpe moved, seconded Imf Commissioner llasse and cmrri~dun~ntmously, to accept the evaluation ~d approve m sala~ The Board discussed a proposed fact sheet that reviews questions and answers concerning the straw ballot question on Baseball developed by the Tourist Development Council (copy not provided to the Clerk to <?'.. th. Bo.rd). Regarding distribution, Commissioner Saunders verified that the );~:... fact aheet te to be made avatlabl~ to the public at · m~ettn~, to ~11 media representattvo~, tn response to phone .." Page 19 October 20, 1992 !('i. inquiries, and was not intended to be mailed out to all homes. (22061 Ztel~ #IOE Com~issioner Volpe suggested that it be published in the Naples Daily News. Commissioner Saunders suggested that copies be made available in all public buildings, i.e. libraries, public facilities and the Tax Collector's Office. Charlotte Westman spoke to this item. Con.listener Shanahan ~oved, seconded by Cootsstoner Hasse and carried unanimously, to accept the pro~s~ fact sheet regarding the str~ ~llot ~estton on ~eball. FACT S~FT RE~.RDING THE TWO PERCENT TOURIST DEVELOPMENT TAX - ACCEPTED WITH ADDITIONAL LANGUAGE Commissioner Saunders recommended that within the Tourist Development Council recommendations (copy not provided to the Clerk to the Board) the following language ts to be added In parentheses regarding what the tax revenue can be used for: "By super majority vote, the County Commission has the legal authority to amend the Spending Plan." Brenda Wilson, Assistant County Attorney, concurred with the addi- i!:,.~ .tton of this language. Charlotte Westman spoke to this item. Fred Tarrant spoke to this item. Co~tseionsr Shanahan ~ovsd, seconded by Coutsstoner Saunders and carried u~ant~ousl¥, to accept the Tourist ~velopaent Couctl's reco~n~tio~ relative ~o the 2~ T~ with the ~ended l~age to ~3 u C~tmltoner Sanders ~ggested, ~d that the foll~tng ~estton ~d ~r ~ ~ded: "Will ~ additto~l rev~ues ~ necesa~ to co. lets a co~- wide ~h r~ts~nt project?" "There ia a possibility that additional revenues to coaplete a count'F-wide beach renourishaent project may be required depending upon the scope of the project, the beach renourish~ent technology utilized and the construction period of the project." Page 20 October 20, 1992 -Xteme12BX 'ORDINAIC~ 92-78 RE PETITION PUD-92-6, WILBUR M. CH~ISTIANSKN, J~., AND ~ L. DANCA, TRUSTEES OF WILSON, MILLER, BARTON AND PEEK, INC. FROFIT ~HARING PLAN AND TRUST, REQUESTING A REZON~ FROM HSF-! TO PUD FOE SOUTH~DODS, A RECREATIONAL VEHICLE PARK/CAMPGROUND WITH A SUPPLeMeNTArY CO~B~ERCIAL MINING OPERATION, LOCATED AT THE NORTHEAST QUADRJ~IT OF S.R. 951 WITH CHAMPIONSHIP DRIVE (NO~ MARRIOTT CLUB DRIVE) - ADOPTKD NITH CHANGES Legal notice having been published in the Naples Daily News on September 23, lgg2, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Ron Nine presented Petition PUD-92-6, a request for PUD rezoning from the current RSF-! classification, to permit 400 TTRVC type lots and a commercial earth mining activity. He said the pro- pe~t¥ consists of approximately lO! acres located on the east side of S.R. 951, immediately south of Silver Lakes and contiguous to Championship Drive, which has recently been renamed Marriott Club Drive. He reported Staff believes that general]y, this proposed deve- lopment is completely consistent with the Future Land Use Element (FLUE); however, there is one area of disagreement regarding deter- m~nation of the density. He explained prior to the current Land Development Code (LDC), the FLUE indicated the density provided in Ordinance 82-2, the former Zoning Ordinance, was the density to be applied to TTRVC's, which was 12 dwelling units per acre. When the new LDC was adopted, he said, it became the policy to include in every d~str~ct the caveat that, irrespective of the density otherwise per- mitred by the zoning district, the density rating system in the FLUE would apply. He said that has created a contradiction between what the LDC permits and the density rating system. He noted although the LDC was amended during the previous week to remove any reference to the density rating system, that amendment is not officially active at this point ~n time. In response to Commissioner Volpe, Planner Nine stated the deve- lopment ~s proposed for 3.9 unite per acre. County Attorney Cuyler advised the amended LDC has not yet been Page 22 October 20, 1992 transmitted to Tallahassee. He suggested if approved, that the Board make this ordinance effective November 5th. Planner Nino continued, referring to the earth mining activity. He said Staff is satisfied that the language in this PUD Document pro- vides for the sunsetting provision to apply equally to the earth mining activity and preparation of the land for the TTRVC sites. He concluded the CGPC unanimously recommended approval of Petition PUD-92-6. In Staff's opinion, he advised, the PUD fully complies with the customary standards and includes all stipulat~ons recommended by Staff during the review process. Oommissioner Volpe asked if hurricane evacuation has been addressed in the PUD Document, to which Planner Nino responded in the negative. He said PUD Documents do not contain provisions concerning hurricane evacuation. In response to Comm~ssloner Volpe, Planner Nino explained prior to the Board's action in the previous week, Staff's posit/on was that the 3.9 dwelling units were inconsistent w~th the density rating system, which would establish a density of 3 units per acre. Attorney George Varnadoe, representing the petitioner, described the project as 101.3 acres with 400 RV sites and a density of 3.9 units per acre, designed around a 34.9 acre lake. He sa~d the lake will yield more fill than will be needed on site, therefore, they are requesting a commercial excavation permit. He noted both proposed uses are consistent with the Comprehensive Plan. He stated the pro- perry is within the Deltona Settlement Agreement development area and the suitability of the land for development has been addressed and approved previously. RespondinG to Oommissioner Shanahan, Attorney Varnadoe said an agreement has been made part of the PUD whereby before the petitioner can develop more than 150 units, they must pay a proportionate share to improve Championship Drive from their site to S.R. 951. Commissioner Shanahan inquired if the additional traffic generated from the earth mining operation and the RV sites will ultimately 93 Page 22 October 20, 1992 require a traffic signal in that location? · Attorney Varnadoe replied this project in of itself will not result in that requirement, however, there is a provision in the agreement for a proportionate share of payment for signalization if necessary. Alan Reynolds with Wilson, Miller, Barton & Peek, Inc., explained the petitioner's proposed water management system and iljustrated the increased landscape buffering being proposed, through an exhibit he provided to the Board. The following person spoke regarding this item: George Keller Responding to an earlier question of Commissioner Volpe, Attorney Varnadoe reported they have met with Ken Pineau, the County's Emergency Services Director, to work on a hurricane evacuation plan. ~: ~ He said Mr. Pineau requested, and the petitioner has agreed, that residents will be required to evacuate, because the property will be developed for RV's and not permanent type residences. Co~t~mioner Goodntght moved, seconded by Commissioner Rases and carried m~ni~ousl¥, to close the public hearing. Comm/sstoner Goodnight moved, seconded by Co~miesioner Hasse and that Petition PUD-92-6 be approved subject to the CCPC'm re~nd~tions; the exhibit showing the landscape buffering to be reduced ~nd included as part of the PUD Document; that approval of this petition be effective November 5, 1992; and that Ordinance 92-78 ~.,' be ~k~rt~d and entered into Ordinance Book No. 57. · .,j.,.. (.~70) It~ ~12B2 ORDINANC~ 92-79 RE PETITION PUD-92-5, STERLING OAKS JOINT VENTURE, It~(~U~TINg i REZONE FROM RMF-6 AND PUD TO PUD FOR THE PROPERTY LOCATED · OUTH OF THE COUNTY LINE BETWEEN U.S. 41 AND OLD U.S. 41 - ADOPTED NITH CJLI~SKS ~" . Legal notice having been published tn the Naples Daily News on }!i~.. September 24, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Page 23 October 20, 1992 Planner Ntno noted the proposed Sterling Oaks Venture PUD, for- merly known as Cypress Head, includes 46 acres not in the original PUD. He explained the original project was proposed to be developed with 740 dwelling units on 200 acres, or 3.77 dwelling units'per acre. He said the proposal before the Board this date is for a maximum of 738 dwelling units on 246 acres, for a maximum overall density of 3 %1nits per acre. He added the proposal is consistent with the FLUE. He advised the CCPC recommended approval, however, since the CCPG meeting, Staff has identified an inconsistency with the LDC which remains an area of disagreement with the petitioner. He explained the current PUD allows a model home on the property until all blocks are sold, while the LDC now provides for a sales facility for two years and thereafter, an extension is needed which requires Board approval. He advised it is Staff's position that this project should remain con- sistent with the provisions of the LDC. He concluded that Staff believes the design of this development is well managed, with 91 acres of open space which is nearly 50% of the total property. Gommissloner Volpe asked if the developer is making a donation of approximately $54,000 towards the CREW Land Trust? Stefan Johansson, representing the petitioner, said that issue has been resolved. He explained that was an alternative if they could not put together a mitigation proposal that would eliminate excessive development into the wetlands area. Commissioner Volpe noted that language is still a requirement within the PUD Document. Pa~ Mc'Kie with Gummings & Lockwood, representing the petitioner, clarified that was a last resort method of mitigation. She reported the petitioner has now satisfied the South Florida Water Management District that the mitigation can take place on site. Commissioner Volpe asked that the industrial parcel be identified. Planner Nino said a two-acre industrial tract fronts on Old U.S. 41 for which the high-tech clean industry standards have been applied, as required by the FLUE. Page 24 October 20, 1992 Referring to the sales center issue, Ms. Mc'Kie commented the LDC allows the sales center to remain on sate for three years before returning to the Board of County Commissioners for Conditional Use approval. She said they are requesting the Board allow them to extend it for the 1Ale of the project, because the PUD Document only allows for original ~ales of lots or properties An the project, and resales are prohibited. She stated At would be more efficient for this to be approved now, rather than returning time and again for an extension, because they are projectinG build out to take approximately 10 years. She pointed out the sales center is proposed to be seGreGated from the majority of the residential area, and the intent of the LDC is to pro- tect the residential areas from having commercial activity An their neighborhoods. Commissioner Volpe communicated many projects are being phased in over a number of years which are all being held to th]s requirement, m_nd he ks unaware of any provision in the LDC that allows for a waiver. He added his concern with the ability of the County to moni- tor the sales center, to ensure that only original sales and no resa- ~es take place. Commissioner Saunders asked if there is any mechanism to permit a variance from the extension7 Planner NAno stated if the Board approves the sales center for the duration of the build out, that automatically becomes the rule. A lengthy d~acusslon ensued with regard to the ~ssuas surrounding the sales center requirements. Ms. Mc'Kie subsequently agreed that the petitioner w~ll ab~de by the requirements of the LDC. C~lltllionar Goo~night moved, seconded b~Z Colllllionlr Raise Izod carried m~A~l¥, to close the ~bltc hearing. Co~A~l~er Good~tght ~oved, seconded by Co--tssloner Hesse ~d ca~A~ ~t~ly, tha~ Petition ~92-5 ~ approved ~bJect to the ~ ~~to~ with the exception of the ~dal h~ ~d nale~ fact~ ~tch ~t comply wlth the L~, ~d ~hat Ordt~ce 92-79 ~ ~~ ~ ~te~ in~o Ordtn~ce ~k No. 57. October 20, 1992 OI~DIi~H 92-80, THE COLLIER COUNTY CODE ENFORCEMENT ORDINANCE BOARD'S 0RDINA~ - ADOPTED Legal notice having been published in the Naples Daily News on September 17, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Assistant County Attorney Brenda Wilson explained this ordinance is being presented for re-adoption, because it was mistakenly placed in the LDC and should be removed and adopted as a separate ordinance. She referred to page 9, Section Il of the ordinance, under Penalties, stating the amount of the fine has been amended from $250 per day to $500 per day in order to conform with the revised State Statute. Otherwise, she said, it is the same ordinance. C~mtuloner Hmsse moved, seconded by Cow-iesioner Saunders and cmrriedunani~ously, to close the public hearing. ~,e~iuloner llmsse moved, seconded by Co,missioner Shanahan and C~XTiedllXl~ni~O~x~l¥, to adopt Ordinance 92-80 as the Collier County Code Enforcm~ent Ordinance Board's Ordinance, and that it be entered into 0rdtnmnce Book No. 57. e85 Co~issioner Goodnight left at this ties. ets (2630) ~TAFFCOt~KINICATIONS County Manager Dorrill reminded the Board of its intent to set additional dates for Strategic Planning. It was the consensus that the Board will meet in Strategic Planning Session on October 30th for approximately two hours. $$8 Co~mtsstoner $hanahan ~oved, seconded by Co~missioner Hesse ~ ~mx-rimd ~n~ntml¥, that the foll~ing tte~ ~der the ~t ~ ~ appr~ed ~d/or adopted: ''* l~~E ~T~ ~R O~ CREDIT &CCE~ED A5 S~C~I~ ~OR ~CAVATZON ~IT NO. ~9.462 "SIL~R LAKE~" Item ~16A2 See Pages Page October 20, 1992 KESOLOTION 92-559 AUTHORIZING THE CHAIRMAN TO EXECUTE A JOINT PARTICIPATION A~ (JPA) WITH THE FLORIDA DEPARTMENT OF TRA31~POI~ATION FOR THE 1992-1993 BICYCLE PEDESTRIAN GRANT S.e Pages F-- 3 It~ ~16A3 RESOLOTION 92-560 ~OVING FOR ~C0~ING ~E FINAL P~T 0F "ED~ II' See Page /~ / I~SO~OTION 92-561 ~0VING ~R ~C0~ING ~ FIH~ P~T OF "ROY~ ~ ~ II" It.~ ~16A5 EXCAVATION PERMIT NO. 59.457 - "KENSIN~TON PARK" - WITH THE STIPOLATIONS AS LISTED IN THE EXECUTIVE SUMMARY Itc. ~6A6 RESOLOTION 92-562 8]tAMPING FINAL ACCEPTANCE OF AND RELEASING THE MAINTH3EAN~E SECURITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS FOR "TOLL~AT~ COHME~CIAL CENTER, PHASE TWO" See Page Itu ~ATE~ FACILITIES AND FIRE H~DRANT ACCEPTED FOR N~LKS NATION~ GOLF ~ -- ~ ~ ~I~TIONS Itu ~16A8 /. EXCAVATION P~MIT NO. 59.228 - "SOUTHWOODS' - WITH THE STIPULATIONS AS ~/ ' * LISTED IN'THE EXECUTIVE SUMMARY Item~16A9 I~ECORDIIG OF THE FINAL PLAT OF "GREY OAKS UNIT THREE" - wITH THE STIPOLATIONS AS LISTED IN THE EXECUTIVE SUMMARY See Pages Ite~ ,16B1 AGI~E~I~EIIT TO TERMINATE LEASE BETWEEN COLLIER COUNTY, A POLITICAL SllBDlr~ISION OF TB~ STATE OF FLORIDA AND ED ~LLIMOI~E FOR A T-SHELTER SPAC~ AT H~RGLADES AIRPORT, THAT SETS FORTE THE TEI~MS AND CONDITIONS FOR ~ CANC~?~LATION OF THAT CERTAIN LEASE, DATED MAY 14, 1991 SeePages Page 27 October 20, 1992 ':i~ Zte~ ~16B2 ~oved to #8B2 i/ ' ~ COI~TRUCTION OF ~ 1~91-1991CO~-~IDS ~LIC BI--AY ;~' ~O~ BID ~1-1785 ACCEDED; SUPPL~~ AG~~S NO. 1 ~ NO. 2 ~ IN ~ ~O~ OF ~31,080.39; ~ FINAL PA~ ~L~SED TO ~AC-~ORIDA, INC., IN ~ ~0~ OF $15,131.56 Ite~#16D1 See Pages NOTE: DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF 12/22/92'****** TRANSPIRE OF CASHIER OPERATIONS FROM THE UTILITIES AND DEVELOPMENT ~KRV~/C~ DIVISIONS TO THE CLERK'S OFFICE ~ NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HOLE, MONTES AND A~OCIATES, INC., FOR THE GOLDEN GATE WELLFIELD EXPANSION - IN THE AttEST OF $52,200 Item~16D~ NOPE ORDER UNDER THE CURRENT ANNUAL PROFESSIONAL SERVICES AGREEMENT WITH WILSON, MILLER, BARTON AND PEEK, INC., FOR PROFESSIONAL ENGI]IEB~II~G SERVICES FOR THE DESIGN OF CHLORINE ENCLOSURES AT GOODLA~D, PELICAN BAY AND MANATEE ROAD WATER FACILITIES - IN THE AMOUNT OF $28,000 See Pages !.~ -- /~ Ite~16D4 HORE ORDB]t UNDER THE CURRENT ANNUAL PROFESSIONAL SERVICES AGREEMENT NITH WILSON, MILLER, BARTON AND PEEK, INC., FOR PROFESSIONAL ENGINEERING, DESIGN, PERMITTING AND CONSTRUCTION CONTRACT ADMIMISTRATION FOR P~ETHOFITTING EXISTING PUMP STATION IN THE SOUTH SEWER S~]t~ICZ AREA WITH TELEMETRY - IN THE AMOUNT OF $47,500 See Pages /~ & -- /~q P~/S~ TO PAY AND AGREEMENT TO EXTEND PAYMERT OF SEWER FOR EH~/N B. REYNOLDS, SR., AND KATHY M. REFROLDS, EUSB&RD See Pages /~0 -- /& ~ NOTIC~ OP PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER IMPACT ~ FOR GUISEPPE LODUCA Itm#16D7 See Pages I&~.-/~ ~ Page 28 Octobe~ 20, 1992 NOTII~;O~ P~I:g~I/~E TO PAY AND AGRK~MKRT TO EXTEND PAYMENT OF SEWER IMP&~T ~ FOR ANDR~N#. EWIRG /?/ Itwm PORCH&SE O~ N~:~AJET 840 ZNKJET PLOTTER FROM SPEEDY BLUgFRINTIRG - IR ~ ~ O~ $9,500 SALE OF A ~U~ G~NERATOR TO THE EAST NAPLES FIR~ DISTRICT ~ ~ ~1,505.55 Item ~16F1 N~NORA]ID~ OF ORD~TARDIRG BE/WEEN MONROE COUNTY AND COLLIER COUNTY FOR ~EN~ HELICOPTER TRANSPORTATION OF CRITICALLY ILL OR IN3ITRED V~ IN ~rRoE COUNTY ~!i' ~m=~m~ ov ~mc~.s~ ~ sAL~ FO. ~oP~ LOCATED ~ SEC~I0~ 2~, t" TON~t~P 40 S4~TTN, RANGE 26 EAST, FOR EXPANSION OF THE NAPLES LANDFILL - IN T~ ~ OF $20,500 PLUS CLOSING COSTS NOT TO E~CEED $200 See Pages /7 Ite~ #16G2 ~NEMA~ OF A S~ICE AGREEMENT WITH REGFILES, INC., FOR DEPARTMENT OF EN~I~MN~TAL H~ULATION FILES -IN THE AMOUNT OF $2560 Item ffl~G3 COLLIER COU~T~ NATURAL RESOURCES DEPARTMENT F/Y 92/93 BUDGET TO BE AMENDED TO I~CREASE THE CARRY FORWARD FUNDS TO. PURCHASE A 14 FOOT ALUMINUM BOAT AND REPLACE THE 22 FOOT AQUASPORT BOAT - IN THE AMOUNT OF 86,000 CO~I~M~T~ TO AACTION NURSERY PROJECT~, INC., AS A SOLE SOURCE ~ TO PltOVlDE GRADE "AU ~UCALYPTUS MULCH FOR MEDIAN LANDSCAPE I~ AND ~INTENANCE DURING FY 92/93 - IN T~E AMOUNT OF $92,07~ Page 29 October 20, 1992 ~ O~DER UNDER THK ANNUAL MATERIAL TESTING SERVICES &GT~EMENT, RFP 92-2888, WlT~ LAW ENGINEEaING, INC., ~R A ~lS~ I~SXON S~ OF ~ ~ S~CKS BUILDING - IN ~ ~ OF 0~3,450 lte~ e1915 BUDGET AMEND~ENT RECOGNIZING REAPPRO~RIATION OF ~ ~ ~ ~~ ~ ~ FISHING ~O~ - IN ~ ~O~ OF $27,405 M~'~.~]~F~ COItlq~PONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was fi/ed and/or referred as presented by the Board of County Commiss~oners: Page 30 October 20, 1992 ~ A ~ OF ~ L~AT~D ~ZN ~ CO~ ~GZON~ WA~ ~S~ - There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 4:40 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTB~9'~, M ~HA h J. VOL~, /~AIRMAN as presented res approved by the Board on or as corrected TO Page 31