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BCC Minutes 08/04/1992 R Naples, Florida, August 4, 1992 . LET IT BE REMEMBERED, that the Board of County Commissioners in 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 hmve been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building ,"F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael J. Volpe VICE-CHAIRMAN: Richard S. Shanahan ALSO PRESENT: Burr L. Saunders Max A. Hasse, Jr. Patricia A. Goodnight Giles, Clerk of Courts; John Yonkosky, Finance Director; Ellie Hoffman, Annett~ Guevin and Debby Farris Deputy Clerks; Neil Dorrill, County Manager; James Fitzek, Management Intern; "Ken Cuyler, County Attorney; Marjorie Student, David Weigel, Ram/to &nalioh, Dennis Crontn and Rich Yovanovich, Assistant County 'At.torneys; Frank Brutt, Community Development Services Administrator; ?..'~'David Pettrow, Development Services Director; George Archibald, .Transportation Services Administrator; Ladd Ryziw, Transportation ~ProJect Manager; Fred Bloetscher, Assistant Utilities Administrator; /-~.' Tom Olliff, Public Services Administrator; Bob Fahey, Solid Waste Director; Bob Blanchard, Growth Planning Director; Stan Litsinger, Growth Management Director; Bill Laverty, Ron Nino, Chahran Badamtchian, Sam Saadeh and Eric Young, Planners; Bill Griffin, .Emergency Services Administrative Manager; Sue Filson, Administrative ASsistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page 1 Au~st 4, 1992 -.&PPROVEDWITH CHANGES Commissioner Hesse moved, seconded by Contsstoner Shanahan and ~rt~ ~tn~n'tmousl¥, that the agenda be approved with the changes Id on the J~en~a Change Sheet. Page 2 A~E~DA - APPROVED AND/OR ADOPTED August &, 1992 The ~otton for approval of the Consent Agenda is noted under Item Commissioner Shan~han ~oved, seconded by Couissioner $aunders and unanimously, to approve the minutes of the Regular Meeting of 21, 1992 ~d the S~ctal Meeting of July 22, 1992. SERVICE AWARD - PRESENTED ,~,.commtssioner Volpe presented and Employee Service Awards to the ~ employees: '~.Audte C. Snyder of Road and Bridge - 15 years Andrew J. Getch of Road Construction - 5 years, t ~. Commissioner Volpe acknowledged Thomas W. Mitchell (not present), Ochopee Fire Control for 15 years of service. DESlGNATINO AUGUST 1-?, 1992, AS FLORIDA BREASTF RDING "~':~UPon reading of the proclamation, Couissioner Shanahan ~ved, .b~ Commissioner Hasss and carried unanimously, that the designating the week of August 1-?, 1992, as Florida Neek be adopted. Kathleen Turtle of the Le Leche League of Marco Island )ted:the Proclamation. Page 3 .) August 4, 1992 ':~-i[)' /. C~lhtlalo~r Halsa ~oved, seconded by Commissioner Goodnlght ~nd .":i< Cl~lld un~nl~ouel¥, that Budget ~en~ent. 92-387/388 ~d 92-392 ~ -.'/~.. ad~t~. FINA~~ ROLL RE EUCLID AND LAKELAND AVENUES ROADSIDE .~. --- ' - - NONICIPAL SERVICE BENEFIT UNIT - ADOPTED kITH CHANGES Legal notice having been published tn the Naples Dally News on ..¥ ' July 7, 1992, as evidenced by Affidavit of Publication filed with the -..- Clerk, public hearing was continued from July 28, 1992. Transportation Services Administrator Archibald indicated that .,.. - .this project ts one in which the County is undertaking Improvements to ' two entrance roadways serving developments within Section 24, Township -~%~: 48, Range 25, noting that the Preliminary Assessment Roll has pre- <'.:]g,Li'9iously been reviewed and staff has recommended p~oposed changes as ,-,. detailed in a handout reflecting the final construction costs and the ~?': allocation of units within those properties included in the district ~:.:-:,.. Mr. Archibald recalled issues that were d~scussed at the last ::>~?;"::~eettng involving the resolution and providing for the appropriate '?:~//,fln~ctng documentation. He indicated that Companion Item 8H3 will ~:':', ..address the bonds and will be heard later tn the meeting. :~,..v .. Mr. A~chtbald presented a color coded handout denoting the areas >~.:,.dtscussed by speakers at the last meeting. ,: eec ~eem 20:30 A.M. - Reconvened 10:40 A.M. . ~,., The fo~owing persons spoke with respect to this item: '~.:' ;.~ ' Hr, Jsck Pointer :"}~~~, 'Sharon Condon .¥~ ~:~'Mr ~ ~dley Goodlet te :,. ~.?~r.' Ross McIntosh Page 4 :.3 August 4, 1992 Ms. Jud! Mr'. Joseph McQutllan Mr. Bill Truptano M~'. William Kemnitzer Mr. B~ll Jones ~. Bath Nelson Mr. Ken Walton Consensus of the Co~lsslon was that the assessment roll be to reflect a reduction from 5 equivalent dwelling un,ts to one Mr. Archibald advised tha~ staf~ recommends a reduction to 1 .,~.~tva[ent d~[[tng ~n~t fo~ Parcels 56 and 56.1. ~ere were no other speakers. =~t~ ~l~ly, to close the ~blic hearing. Mr. Archibald explained that he has computed the number of equiva- /lent dwelling units within the platted subdivisions. He indicated ,[.~<:t.that the total cost was $790,765.73 with 1,0~7 equivalent dwelling .~nits for a ~lt cost of $777.55. He remarked if consideration is g~ven to the platted eubdivie~on lots at 50~ that are outside the ~a~ as desolated, there would be a reduction in the number off e~va/ent dwelling units by 108 which results in a unit assessment of 7',;:~:;~'~$86?.06 for the people In Willoughby Acres and a unit assessment of that amo~t for the people In the platted areas outside that boun- In response to Co~tss~oner Saunders, Mr. Archibald stated that per~od of time tn which the assessments have to ~e pa~d ts ~-1/2 ~:,;:%-.~eare based upon the financing documents. In ~swer to Commissioner Volpe, Hr. Archibald lndtcated that the C=ty ha~ defrayed some of the costs to date which include: sub- :~?,~:,,"~d~z~ng the cost of certain materials; initial design, re-design and .~.:'~:e~ro~ental permttt~n~ were done tn-house; and the costs for ,~[',~tall~ng the drains at the south end of the project, total approx~- ~tely 050,000. He remarked that there may be additional funds from "~.~..'~hich additional subsidies may be considered, i.e. ~h~ cost of the Page 5 -) August 4, 1992 ik.paths. ~!."?: In response to Commissioner Shanahan, Finance Director Yonkosk¥ ~.~..l(~vised that 5.94~ is the interest rate that the County will pay to ~[th~' line of credit carrier and those that will be assessed would pay ~.~ ~nterest =ate of 6.94~. Mr. Archibald stated by reducing the platted parcels by one-ha/f, will be 912 equivalent dwelling units. He noted that 206 units paying 1/2 unit each. ~~t~ S~rs ~, seconded ~ Co~lssloner G~ight to ~t~ ~tstr~tor ~chl~ld; pro~rttes within t~ ~ ~rallel kllhg nit ~d those pro.tries ~tstde the ~ lines .tthtn district will be assessed at 8433.53 per equivalent ~?:?'-:' ~llllllng mitt. thereby adopting Resolution 92-408 with the Iplrgop~iate changes. ,~i:, Mr. Archibald announced that the undeveloped properties would be ::~:...essed at whatever ,he~r dwelling unit allocation was. :~:'?~:' Co~lsstoner 5aunders suggested that, if during the budget pro- :..::.~..~!~:,~ cess,~li}.-,,, it is determined that there are available funds for the bike- paths, the assessments for everyone would be reduced . . Cowry N~ager Dorrtll pointed out if the Commission does consider ':?.::~::~:~:~e eu~eotlon relative to bikepat~e, the Board's policy would need to :".~?~'~ c~ged~,~; a~ce the Cou~tv has never b~tlt btkepaths tn residential Irsss other than for p~rposes of getting children to a school. 6 ; .... , wage August 4, 1992 FrflTlOIA-92-2, FI~DZRZCK J. ~I:~LRDS I~PI~SENTZNG T]~ ~ SOCIETY OF COLLZ~ CO011'l'Y, l~qO~STIXG AX ADI4ZNZSTRATZV~ ~ OF T~ ~ ~TICr, S DIRECTOR'S D~CISION 1~ PET CRENATORZUM IN II~STVZ~FT.,JIZ.q - DNVZLO~ SERVICES DIRECTOR'S D~CISION UPHELD Legal notice having been published in the Naples Daily News on July 12, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Development Services Director Pettrow explained that this matter concerns an administrative appeal of his interpretation and decision with regard to the Humane Society of Collier County. Mr. Pettrow advised that in March, 1992, the Humane Society would it be a normally associated permitted use under that PUD. Indicated that the PUD's commercial development regulations of Ordinance 83-45, specifies a variety of uses, as reflected tn &ttacl'~ent "B" contained tn the Executive Summary. He pointed out approached staff with a request for assurances of the uses that could be utilized tn the Westview Plaza PUD, located to the East of the Elk's Club and Regency Autohaus. Mr. Pettrow referred to the Humane Society's Attachment "A", advising of the contemplated purchase of the parcel in the Westview Plaza and inquiring as to whether a pet cemetery/mausoleum, thrift store, and veterinary clinic with inside kenneling would be allowable uses. He explained that staff communicated that they had no problem with these uses, however, during subsequent discussions represen- tatives from the Humane Society requested that an accessory use, i.e. pet crematorium be included. Mr. Pettrow revealed that in reviewing formal approvals under the PUD it was concluded that the crematorium ts not a permitted use nor He that there ts no mention of a crematory. He stated that a crematory tsa specific use by itself, and therefore, it is concluded that this would not be a permissible use and only by amending the PUD would the Humane Society be allowed to have the attempt to put a crematory for ' ' Page Y August 4, 1992 pets in the PUD. Mr. Pettrow indicated that staff does not object to the request i:?.~'for the crematory, but there is no provision for same under the PUD. The following persons spoke with regard to this Item: Mr. Fred Edwards Ns. D~bb¥ Cully Mrs. Linda Helms De~mt~ Clerk ~uevin replaced Deputy Clerk Hoff~an at thio tim The following people spoke regarding this item: Linde Helms Berrie Gulacstk Stephany Cart Frederick J. Edwards Pat Pilcher C~mmionmr Smundsre ~ved, seconded b~ Commissioner Sh~n~han ~nd cmrrimdunmnimouml¥, to close the public hearing. Commimmioner Hames moved, seconded by Commissioner Ooodnlght and carrimdun~nimoumly, to uphold the Development Services Director's ~lmion that m p~t crs~atoriu~ is not an allowable accessory use in th~ ~t~t~ Plus PUD 83-45. se. R~cee~ed: 1:30 P.M. - Rsconvensd: 2:25 P.M. (siT0) OR~I~[I~[~ O2-~OAM~MDXWO THE GROWTH MANAGEMENT PLAN TO IMPLEMENT THE · TI~T~D ~ A(~REEMENT BETWEEN COLLIER COUNTY AND TH~ FLORXDA DEPIL~Ti~I[T OF GOt~t~II~TY AFFAIRS - ADOPTED Legal notice having been published in the Naples Daily News on July 22, 1992, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Bob Blanchard, Growth Planning Director, explained approval of this item will adopt amendments to the Growth Management Plan that will Implement the Stipulated Settlement Agreement effectuated with the Department of Community Affairs (DCA) in April, 1992. The following people spoke regarding this item: Mathias L. Tari Tapm~4 Donald Segreto Assistant County Attorney Student refuted Messrs. Tari and Segreto's contentions that the entire Golden Gate Estates area is an Page 8 August 4, 1992 Area of Critical State Concern (ACSC). She pointed out DCA has signed the Stipulated Settlement Agreement, which makes clear it is the aouthern Golden Gate Estates area that is subject to the procedures 8et forth in the remedial amendment. She added with regard to com- ~nt~ ~ that th~ ~nttr~t~ of Collier Count~ t~ ~n hOSe, ~h~ ha~ B~n ~uthort~d b~ ~ representative of the Dopart~ent of ~atural .R~8oa~8 to 8t~t~ for the r~cord that the entire Count~ t~ not an ACSC. ~ealoner Saundere moved, meconded by Co~mtaeioner Goodnight ~ C~X~ ~u~ani~l¥, to clo~e the ~blic he~ing. ~~ ~~ly, that Ordt~ce 92-50 ~ adopt~ ~d entered into Book No. 54, approving a~endmente to the Growth Management Plan te ~leme~t the Stipulated Settlement A~reement between Collier Cou~ I~d DCA, and authorizing the Chairman to sign th~ letter tremmltth~ the ~m~nd~wnta to DCA. Xtma~O2 ~ATXON ON A JOINT VENTURE WITH THE BIG CYPRESS BA~XN BOARD K~%RDll[~A~FE~ ~TORAGE AND RECOVERY PROGRAM FOR CANAL RUNOFF - ltEPO~T A~PTED; DXSCUSSXON TABLED TO RECEIVE ADDITIONAL INFORMATION Fred Bloetscher, Assistant Utilities Administrator, communicated the Utilities Division, Ho]e, Montes & Associates, the Big Cypress Basin Board and Missimer & Associates have researched ideas to utilize the canal runoff of the Golden Gate Canal into Naples Bay. He advised the Big C~ress Basin Board has estimated that between ~00 and 500 million gallons per day are discharged from the canal into the Gulf. ~e provided the comparison that one week's worth of 500 million gallons per day is the utilization of water for the entire Collier Co~tnt¥ Water-Sewer District for one year. He Indicated Staff and the consultants are proposing to investigate withdrawing water from the Golden Gate Canal and after minor treatment, injecting it into an aquifer storage and recovery system to create a huge underground Page August 4, 1992 storage system. He advised the Big Cypress Basin Board has agreed to give the County $400,000 towards exploratory work in this area. Commissioner Volpe questioned if the $400,000 must be reimbursed tf the County does not proceed with this program7 Mike Slayton, Administrator of the Big Cypress Basin, explained the 8400,000 is seed money to encourage the County to follow through with the complete project. He said the funding covers the initial test wells and demonstration, which as far as they are concerned, is the complete project. He said after the test wells are completed, if it is found that the County does not have the requisite geology or it is discovered the project is not economically feasible, no reimbur- ssment of funds is necessary because that ts outside the scope of work covered in the contract. Commissioner Volpe inquired if this type of project has been suc- cessfully completed in any other community in the State of Florida? Tom Missimer with Mlssimer & Associates, replied this type of program for irrigation is being looked at throughout the State. He added aquifer storage and recovery for potable water ts a proven tech- nique in several areas. Tom Taylor with Hole, Montes & Associates, explained a packet of information from his firm which he indicated was given to the Board. In response to Commissioner Shanahan, Mr. Taylor concurred it is their estimate that to expand the program for the eventual storage of 30 million gallons will cost $19-millton. Commissioner Saunders proposed the language of the contract be clarified regarding what point in the Joint venture that the Big Cypress Basin Board does not intend to seek reimbursement. In answer to Commissioner Volpe, Mr. Bloetscher indicated $750,000 is allocated in the Utilities Division budget to look at the potential for using canal water for irrigation purposes. Commissioner Volpe mentioned the possibility of private par- ticipation In the costs associated with this program since the private Page 10 August 4, 1992 sector will be the primary beneficiaries. Mr. Taylor noted there may be interest from Westinghouse Communities to participate in this study. The following person spoke regarding this item: Fred Tarrant Cc~tut~r maunders ~oved, seconded by Co---tssIoner Shanah~n and ~T~dUl~nt~OU~l¥, to accept the re~rt ~d the concept tn th~e d~mt~ tabl~ for 90 ~ys to all~ Staff to mt wtth the ~t~te ~tor to l~tt~te s~rlng costs; ~d all~ ti~ for the ~ ~ ~tw the e~ct~ tnterta rs~rt on the ~at~ Road pro- (&8o) ~~ Oa-51 ~ EITIOI ~82-26(1), GA~, INC., ~INO Legal notice having been published In the Naples Dally News on July 9, 1992, as evidenced by Affidavit of Publication filed with the Clerk, p~bltc hearing was opened. Planner Nine explained the object of Petition PUD-82-26(1) is to replace the existing Village Place PUD and master plan with a new PUD Document and master plan in order to reduce the density from 406 to 290 dwelling units. He said the new master plan will also eliminate the planned internal access road and Instead, the developer will dedi- cate 67.5 feet for the future extension of C.R. 860 along the southern boundary of the project. Chris Dane with Coastal Engineering Consultants, Inc., repre- 8enttng the petitioner, asked the Board to approve Petition i.i'!.i(. PUD-82-26(1), which he satd will bring the proposed development into .:. compliance with the Growth Management Plan. Commissioner Sanndere moved, seconded by Commissioner Shana~an and :' cazwte~vnantnouel¥, to close the public hearing. Commissioner Saundere moved, seconded by Commissioner Shanahan and car~i~dunaninouel¥, to approve Petition PUD-82-26(1) subject to the Page ll Augtmt 4, 1992 FUD ik~s~e~t, ~nd that Ordinance 92-51 be adopted and entered ~nto ~ ~s~k ~oo 54. (~?0)~ Xtm~/~31 ]I~F/O~ 12-409 ~DZ~NG ~ ~SOL~ION NO. 91-662 ~R SOLID ~ Legal notice having been published ~n the Naples Daily News on July 19, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. David Russell, Solid Waste Superintendent, explained approval of this resolution will modify the rate for disposal of tires to $85 from $66 per ton. He also requested the payment for large implement tires be changed from a per tire rate to a per pound rate in order to cover the expensive processing costs. He noted an addition to the yard waste program will set up fees for prescription services with the franchisees for those people wishing additional yard waste pick-up on a weekly basis. He indicated Alternative #! will provide punch cards at the transfer stations for those who wish to bring yard debris to those locations as a supplement to the once monthly residential pick- up. He stated the last item provides a charge to replace recycling bins misplaced or lost by consumers. Commissioner Shanahan communicated people continue to be unhappy with the horticultural pick-up program, and asked when changes will be finalized? Bob Fahey, Solid Waste Director, responded that he anticipates rettlrning to the Board with an Executive Summary on that subject before the end of August. In response to Oommisstoner Volpe, Mr. Fahey indicated exemption of Collier County from the mandatory horticultural program may still be a poss~bility during the Fall Legislative Session. Commissioner Goodntght suggested the Board present a resolution to the Legislative Delegation to support the exemption. Ot:J~m~o~ton~ Shmnmhmn ~oved, seconded by Commissioner GoodnAght Pmge 12 1992 c~l~llu~nl~ou~l¥, to clo~e the public heartng. C~lmton~r Shanahan ~oved, seconded l~ff Co~atsstoner Saund~rs and ~t~ll~xl~n~nl~l¥, to adopt Resolution 92-409 modtf~fftng Rate 91-662 for Solid W&ste Fees and Charges. Page 13 -) ) August 4, 1992 IRF~,~O ~ARX]~ D&T~ FOR ADOPTION OF THH 1991 STANDARD ~ ~ ~SS I~ATZON~, INC. - S~D~D 8, Legal notice having been published in the Naples Daily News on July 17 and July 24, 1992, as evidenced by Affidavit of Publication f/led w/th the Clerk, public hearing was opened. Frank Brutt, Community Development Services Administrator, asked the Board to establish a public hearing date for adoption of the 1991 Standard Building, Plumbing, Mechanical and Gas Code as published by the Southern Building Code Congress International, Inc., and to deter- e/ne if it ts necessary for Collier County to adopt more restrictive measures by amending the Standard Codes. Ne explained Staff Is recom- mend/ng September 8th be established for the public hearing. Ooge~ooloner Seunders moved, seconded by Contmsloner Shanahan end c~rrldun~x~tmou~ly, to close the public hearing. ~~l~r maunders moved, seconded by Comm/eetoner Shanahmn end CmXTt~m:l~i~r~ly, that September 8, 1992, be established u the HKHOFdUTIOI 92-410 DKLKTING THE PROCKDURK FOR INTERPRETATIONS IN THE ~ FEd~~~S SECTION OF TH~ GR0%JTH MANAGEMENT PLAN, TO BK ~.JbCEDNITH THE PROCED~TR~ FOR INTERFRKTATIONS AS OUTLINED IN THE COF-F-X~R CO~]IT~ LAND DEVELOPMENT CODE - ADOPTED Legal notice having been published tn the Naples Daily News on July 12, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Barbara Cacchione explained procedures for Interpretation were adopted as part of a resolution that went along with the Comprehens/ve Plan et its adoption tn January, 1989. She said Interpretation procedures were placed in the Unified Land Development Code (ULDC) when it was adopted as well. She noted Staff Is asking to replace the procedures in the Comprehensive Plan with those in the Page 14 August 4, 1992 'ULDC. She reported the CCPC has unanimously recommended approval. She mentioned one speaker at the CCPC public hearing recommended a tame frame be put into the request for interpretations of 45 days, which wa8 also discussed at the Board's ULDC hearing on July 21st. She advised the 45 day limit to turn around a~ interpretation will be included in the Code. She concluded with a request that the Board approve the procedures in Division 1.6 of the ULDC and place them into the Comprehensive Plan by resolution. OommAf~ioner Ooodntght moved, seconded by Coniealoner bas and caz~ledunanimouoly, to close the public hearing. ~ioner Shanahan moved, seconded by Conieeloner Hames and caz~lodunantmouoly, to adopt Resolution 92-410 as recommended by St~f. August 4, 1992 92-411 AMENDING RESOLUTION 92-265, THE ESTABLISHMENT OF FORT HI COLLIER COUNTY LAND DEVELOPMENT CODE, TO ADD FEES FOR INTKIPHrTATIONS OFT HE ~ROMTHMANAGKMENT PLAN - ADOPTED Legal notice having been published in the Naples Daily News on July 12, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Cacchtone communicated this item is related to Item #12C3, al~d ia simply a schedule to establish the same $100 fee for Growth Management Plan interpretations as is in place for ULDC interpreta- tions. She said this will offset costs for Staff time in research that may be necessary, certified mailing fees and advertising if there is an appeal. Com~ootoneF Smmders moved, seconded by Coniaeloner Goodnight end o~zTted un~niBouoly, to close the public he&ring. Commlmmioner b~e moved, seconded by Commissioner Shanmhmn and o~l~xut~msly, to adopt Resolution 02-411 mndtng l%meolution 92-268, ~ mmt~lt~h~ent of fees for the Collier Count~ Land Dev~l~t Code, to ~dd fees for interpretations of the Growth ~mm~s~mt Plan. .%? - Page 16 August 4, 1992 Legal notice having been published in the Naples Daily News on July 5, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Chahram Badamtchian presented this request from Blair Foley of Coastal Engineering Consultants, Inc., representing W.S. Realt"F, Inc., for a 22 foot variance from the required front yard of 30 feet to eight feet in the Windstar PUD in order to build carports. He noted the CCPC has recommended approval by a vote of 6/3, however, Staff is recommending denial. M~chael Stephen, representing W.S. Realty, Inc., explained his client has acquired the Wlndstar PUD in its entirety. He said in taking over the project, they had no prior input into the Compass Point tract, which is where the variance is being requested. He indi- cated the project received a Certificate of Occupancy in February, 1991, and not one unit has been sold, resulting tn an economic hardship. He mentioned prospective purchasers have indicated they would buy units in the project if carports are provided. Me commented there are six specific mit~gating circumstances. Me advised there ~s no frontage on any public right-of-way; the current owner had no control over the project design; all other sites in Windstar have either carports or garages; Staff concurs that the variance is the ain~mu~ necessary to allow the carports; other variances for carports have been approved in similar zoning areas in Collier County; and Staff agrees that the project is not injurious to the neighborhood or the public welfare. He added Collier County Utilities Division has indicated through a written agreement that they have no problem with the overhanging encroachment into the utility easement. He concluded w~th a request that the Board concur with the CCPC recommendation of a~proval for Petition V-92-14. Page 17 August 4, ~992 In response to Commissioner Shanahan, Planner Badamtchian stated Staff disagrees with approval, because only Phase I of six phases of the project has been built, and the petitioner is requesting a variance for Phase VI. He said there is no land related hardship, and with a slight design change, the petitioner could accommodate the car- ports without a variance. Mr. Stephen explained of the 72 carports to be constructed, 20 require a variance. He said 10 carports will be in Phase I, and the remaining 10 spaces are within all remaining phases. He also men- tioned allowing the variance will bring this project into consistency with the remainder of Windstar. Oem~im~ez. goodnight moved, seconded by Commissioner Saunderl m~ ~mx~AedtmmnJmmouml¥, to close the public hearing. (~mmimmmr llmmmm moved, seconded by Commissioner Goodnight mnd ~m~Ttm~ ~zlM~I¥, to adopt Resolution 92-412 approving Petition V-92o14. Page 18 August 4, 1992 Zt~l~lk4 IqIBOr, IFTIGII 02-410 R~ PKTZTION FDPO-92-3, NAPLES LAIID YACHT KARBOR, /'J~., J~ A VARIANCE FROM THK MINIMUM BASK FLOOD IT, KVATZOI OR LOT fl&"B, IAPLES LAID YACHT HARBOR MOBILK HOME CONIX~IIIUM - ADOPTED Legal notice having been published in the Naples Daily News on July 12, 1992, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened. Planner Eric Young explained this variance of 1.6 feet is being re(Itlested from the minimum base flood elevation of nine feet in order to replace a mobile home. In this instance, he said, Staff supports the variance, because it meets the criteria specified in the Flood Damage Protection Ordinance. He also indicated that wind damage to the surrounding mobile homes from a storm event will be much less if the structure is replaced consistent with those on neighboring lots. C, omm~to~e~ Ha~se moved, seconded by Contsstoner S~ ~d ~1~ ~~ly, to clo~ the ~bltc hearing. ~ut~ bsa md, seconded W Contssloner S~ nd ~lMmmly, to adopt Resolution 92-413 mppr~lng Petition Page 19 August 4, ~992 sss ltece~l~d: 4:50 P.N. - Reconvened: 5:00 P.N. ,se (teOS) ~t~8~]ITATIO~ OF TI~ COUNTY'S FIFTH ~ ~LE~O~ S~ OF ~Z~ ~ IN FZ~ COLLIER CO~ C~ZSSZON DIS~Z~S - It was the consensus to continue this item to a future meeting. (1888) FJI~ITAT~O~ OF TH~ FY92 ANNUAL UPDATE AND ZRVERTORY REPORT ON PUBLIC FJl~/;Y~ (AITJ:R) - COFfXNUED TO AUGUST Il, 1992 It was the consensus to continue this item to August 11, 1992. (1oeo) J~]~,UTI~ 0S-414 AFPROVXNG FOR R~CORDING THE FINAL PLAT OF ~ZC~ ~LU~OO~E" - ADOPTED WITH TH~ STIPULATION AS NOTED IN THE Commissioner Yelps noted he has a conflict of interest with this item and will be abstaining from the vote. Mr. Brutt recommended that the Board approve for recording the final plat of "The Classics Clubhouse". Comm/~ton~r S~unders Bayed, seconded ~ Contsatone~ S~ ~d c~t~ 4/0 (~tooto~r Vol~ abstainS), to adopt Resolution 92-414 ~~ faf r~ordtq the fill plat of N~e Cluolcs Clubh~' w1~ ~ ~t~att~ u not~ ~n the ~e~ttve ~W. Page 20 August 4, 1992 ~Z FETZTZON v-g2-16, COLLZ~ COUNTY NATER-8~ ll:lqO~T~l~ A REAR YAKD SETBACK VARZANCE FOR FROPI~fY LOCATED ROAD, ADJACENT TO THE EAST SZDE OF TH~ PROPOS~eD (~ODLFFI~-~ ROAD - ADOI'T~D Legal notice having been published in the Naples Daily News on July 5, 1992, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened. Commissioner Volpe noted Companion Item #13B2 regarding Petition ~U-92-7 will be heard in conjunction with this item. Planner Ron Nino presented Petitions V-92-16 and CU-92-7, both related to expansion of the County's utility system. He said the nature of the expansion requires that future chlorine basin tanks be located 20 feet from the east property line rather than 35 feet, which is required in industrial zor~ing districts. He indicated both issues are consistent with Growth Management Plan requirements and have been reviewed by all agencies. He said conditions have been attached to tn~ure that all consistency relationships are met. He noted the CCPC has unanimously endorsed both petitions and no public opposition has been voiced. In response to Commissioner Volpe, Mr. Bloetscher said he is con- fident that approval of the variance will not create any additional safet~ hazards or increased risks to any persons using the adjacent Veterans Community Park. Robert Duane with Hole, Montes & Associates, representing the petitioner, concurred with Mr. Bloetscher's opinion. G(~ldlltoner $1underl ~oved, seconded by Comiealoner Hesse ~nd clzTte~lnllo~llF, to close the public hearing. Golldleloner S~nmdere ~oved, seconded by Co~-ieetoner Goodnight ~ c~zTAe~ un~niliouilF, to idopt Resolution 92-415 approving Petition V-92-16. Page 21 August 4, 1992 (2020) 92-52 R~ P~TITZON CU-92-?, COLLIER COUNTY #AT~R-S~I~R DIST~CTI~YJ~TZ]~] CONDITIONAL USX FOR A S~AGE TR~~ FLINT FOR FRO~~TZD SOUTH OF ZKEJtLXX ROLD, AD$&C~NT TO TH~ ~L~T SZDE OF I~YlK)SZD ~CT~]i~ZON OF GOODL~TT~-~ ROAD - ADO~ SUBJECT TO Legal notice having been published in the Naples Daily News on July 1, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. This Item was heard in conjunction with Item #13A2, Petition V-92-16. ~atmI~ ~e~mders ~oved, seconded by Co.--tsetoner Hmse and ~~ ~ly, to clo~ the ~bltc he~tn~. ~~l~r ~derl v~, ~ded ~ Coutsstoner ~ight d ~t~ ~~ly, to a~r~e Petition ~-92-? nbJect to the ~t ~t, ud t~t Ordtmce 92-52 ~ adopted ud entered Into ~~ ~k ~o. 54. Page 22 August 4, 1992 92-418 RE I:rKTZTZON V-92-17, NAPLES MARBLK COMPAIIY, INC., A FJtOfFf YARD SETBACK VARZANCK AT 3963 PROGRESS AVENUE - Legal notice having been published in the Naples Daily News on $u1¥ 12, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Young explained the petitioner is seeking a 15 foot variance from the required front yard of 50 feet for the Naples Marble Company, Inc., at 3963 Progress Avenue. He indicated the petitioner wishes to expand the existing showroom, however Staff cannot find any special circumstances to a~]ow the variance. He reported the desired e~anston may still occur by changing the proposed design. He concluded the CCPC fo~arded Petition V-92-17 ~o the Board with a recouendation for denial by a vote of 4/3. Attorney John Hooley, representing the petitioner, gave a history of the Naples Marble Company, and explained the proposed expansion through a series of drawings. He disagreed with Staff ts opinion for redesi~tng the expansion, and noted photographs depict there are many other properties in the Naples Industrial Park that encroach into the FeVered setback. He added the 15-foot variance is for a limited frontage of 47 feet ~n length. Co~issloner Sh~ahan co~ented this variance ts consistent with the area ~d previous variances that have been granted. He indicated he will support the variance with the condition that the petitioner donate the easement being re~ested by Collier County for right-of-way for the future widening of Progress Avenue. In res~nse to County Attorney Cuyler, Attorney Hooley assured the Board that the petitioner will donate the appropriate easement. ~1~ S~ ~, sec~d~ ~ Conios~oner H~oe ~d ~td Hlnly, to clon the ~b31c bearing. ~t~r S~ ~, oecol ~ Coniosioner be nd ~t~ ~t~ly, to a~r~e Petition v-92-17, there~ adopting Page 23 August 4, 3992 (OS?O) B~D(3Z'T~ /~SOLUTIONS 92-25 TI~OUGH 92-29 JI,.14~NDING TH~ FISCAL ~ 1~'~1-9~ ADOFTI:DBUDGF'L' - ADOPTED Legal notice having been published in the Naples Daily News on July 22, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Finance Director Yonkosky explained this item deals with Chapter 129.06 of the Florida Statutes which states whenever the Board amends its adopted budget, any subsequent amendments that ~ncrease the budget in total m%tst be approved by the Board of County Commissioners at an advertised public hearing. He noted the procedure followed in Collier County is that the Board adopt at the end of every quarter, a resolu- tion that takes into effect the budget amendments passed by the Board d%trtng the previous quarter. He reported there are five budget amend- ment resolutions in the packet, however, one has not been previously discussed. He advised an additional $2,900 in community contributions have been received for the Latch Key Program, which has been made a part of this item tn order to utilize the additional funds. O~lm~et' S~undera ~, ~econd~ ~ Co~t~stoner S~ ~d ~~ ~ZF, to cloee the ~bZtc hemr/ng. ~t~ ~rm ~, ~cond~ ~ Coutesto~r S~ ~d ~~ ~~1~, to Id~t ~dget ~n~t Re~oluttonB 92-25 Page 24 August 4, 1992 92-417 AUTIlORZZING TI~ S~COND AI~NDATORY LZI~ OF CI~DZT SUN ~ ZN ORD~ TO ACCBPT ~XTNI'ISZON OF ITS ~ - Finance Director Yonkosky presented a request for authorization of the Second Amendatory Line of Credit Agreement with Sun Bank in order to accept the extension of its terms. He noted approval of this item will authorize the Chairman to sign the amended Line of Credit Agreement and the commitment letter from Sun Bank. He noted two dif- ferences in this agreement from the current one. He said it extends the %lse of the line of credit for up to 36 months, and it increases the dollar amount of the line of credit from $20-mi]lion to $25-millton. He referred to Exhibit "A" which adds several items, i.e., Sabal Palm Road for SI-million, Marco Sewer Phase III for $6,850,000 and $174,000 for the Isles of Capri Mun~cipal Rescue and Fire Se~tces referendum. He advised these items are pending future Board action, bu~ are included in the Line of Credit A~reement should they be approved by the Board. In response ~o Co~issioner Volpe, Finance Director Yonkosky s~mTed this would normally go ~hrough the RFP process, however, the ~aFd authorized ~he extension of the line of credit a~ a meeting earlier in the year. Co~ssioner Vo]pe inqulred who made the determinations ~o add ~he ~h~ee projects ~o ~he line of credit? Fin~ce Director Yonkosky replied the Division Adm~nistrators were polled ~o determine if there are any upcoming projects that could use ~he benefit of ~he line of credit for interim financing, however, the Board w~ll m~e the f~nal determination. Co~lss~oner Volpe voiced his concern with expanding ~he line of credit for projects yet to be publicly debated. ~1~ 4/1 (~teel~er Vol~ o~e~), to adopt Re~lutton 92-417 ~~ ~ rem of the Lt~ of Cr~tt A~nt ~d aut~rtze the Pa~e 25 August 4, 1992 ~~ tO sign the ~econd A~endatory r. ine of Credit Ag~ee~nt .lth Page 26 I Au~st 4, 1992 (s¢~) 02-410 AOI'~0RXZXNG ZSSUAXCE OF A ROTE TO SKCOR~ R,~PAYI,~IlT O~PADI~A~R&'Ow3LXDA,RD ~AV'BR0'ES ROADSXDK IHPR~ I,I~BU ("WT~AL~ZB') - ADOI~I~D Comm/~toner S~unders moved, seconded by Comtssioner Sh~n~tmn, to ~t ~lut/~ 92-428 authortz/ng t8~ce of a note to 8e~e ~t of a ~ for ~clld ~d ~e~d Avenues Roa~tde X~tl ~ (~t~1~ Acre8"). Cou/sstoner Volpe no~ed ~his item As a $900,000 draw on the 2ine of credit. He in. ired if that amount will be reduced? FAn. ce Director Yonkos~ indicated in the affirmative, reporting the fi~ costs wtl~ be $790,765.73 with an interest rate ~o Sun Bank fixed at 5.94~ for three and one-half years. ~ ~1 for t~ ~tt~, the ~tion c~rted .) Page 27 August 4, 1992 OI~D~ 02-8~ ~ I:v~f/TZON CU-92-1, FLOR/DA CELLULAR RSA, LTD. PAR° ~ & C~g~D/'TZONAL U~ FOR A CO~Bq'URICATIOR TOM'R, FOR FROI:~IL'TY LOC~I~ O~TI~ ~OUT~ SID~ OF SHADY ~ AFFROXII~TKLY 1,000 ~ EAST OIPI~I~3~II~NkDo COI~X:~I'IRG OF F~ A~S - ~D 8~ ~ A~~ Legal notice having been published in the Naples Daily News on July 2, 2992, as evidenced by Affidavit of Publication filed with the Clerk, public heaving was opened. Planner Sam Saadeh presented Petition CU-92-! requesting a Conditional Use pursuant to Subsection 2 of Section 2.6.9 (Essential Services) of the "A" Zoning District for a 280-foot communications towe~. He said the petitioner proposes to build a self-supporting co~m~tnications tower, a 12 by 26 foot electronic equipment room and imp~ovemsnts to the existing road. He noted the subject property is located approximately 1,000 feet east of Rock Road on the north side of Shady Lane. He said the property is surrounded by undeveloped "A" zoning to the north and south, undeveloped Estates zoning to the east and "A" zoning to the west with an existing single-family home. He ~epovted the petition is consistent with the Future Land Use Element of the Growth Management Plan and the Communications Tower Ordinance. He advised Staff received one letter of opposition to the petition. He concluded the CCPC has unanimously recommended approval. Col~tl~toner S~undere ~, seconded ~ Co~tlll~m~ 8~ ~d ~l~ ut~2y, to close the ~bl2c hearing. ~t~1~ 8~r~ ~ed, seconded ~ Co~tsstoner 5~ ~d ~l~ ~t~ly, to a~r~e Petition CU-92-~ ~bJect to the ~t S~t, tMre~ adopting Ord~n~ce 92-53 ~ ente~ ~nto ~~ bk Io. 54. Page 28 August 4, 1992 ,(4es) OI~ZNAIIC~ 02°54 R~ F~TITION CU-92-6, FAITH LUTHERAN CHURCH OF NAPLES, FLOILTDA, /IC., RBC~Y~STZNG CONDITIONAL USE FOR ACCESSORY USES TO & Cl~31t~EAIED CONDITIONAL USE FOR A CHILD CARE CENTER LOCATHD WITHIN THE IIORTEBJ~T Q~ADIULIIT OF GOODLETT~-~ ROAD AND SOLANA ROAD - ADOPTED ~TO~ SHEET Legal notice having been published tn the Naples Dally News on July l, 1992, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Planner Ntno presented Petition CU-92-6 to facilitate the expan- sion of an existing church on Goodlette-Frank Road. He said the expansion involves a facility to serve as a day care center, admi- nistration buildings and a fellowship hall. He stated the proposal Is consistent with the Growth Management Plan and all reviews have Indi- cated consistency with the various affected Elements of the Growth Nanagement Plan. He concluded the CCPC and Staff have recommended approval. Cosmisstoner S~undere ~oved, seconded by Coatsetoner ShlnAhln and o~Lr~led ~tmousl¥, to close the public hearing. Coamimtoner Siundere Bored, seconded by Comisstoner Shinihan and clz~ied~l~tmoG~l¥, to approve Petition CU-92-6 subject to the Jbgr14~at Sleet, thereby adopting Ordinance 92-54 as entered into ~ B~ok ioo 54. _9 Paoe ~9 August 4, 1992 -(840) J~3LUTXO~ O~-41O APPOINTING ANNA I. RODRIGUEZ AND YOIdd~l)A DUSTIN TO ~ OM THI HI~PAIFIC AI~AIRS ADVISORY COt~ITTKE - ADOPTED Sue Filson, Administrative Assistant to the Board, presented a request to appoint two members to serve on the Hispanic Affairs Advisory Committee due to two resignations. She reported four resumes have been received, however, one applicant is not an elector and can- not be reached by telephone. Commissioner Volpe suggested the Board consider consolidating minority groups into one advisory board. Commissioner Hasse suggested the advisory boards be solicited for their input into that recommendation. Commissioner Volpe agreed to communicate with the Black Affairs and Hispanic Affairs Advisory Committees for their comments on con- solidating the groups. Ommmul~t~e~ ~unders moved, seconded by Co~issioner Shana2~n ~nd CeZTA~d~I¥, to adopt Resolution 92-419 appointing Anna I. Rod~tgue~ mhd Yolanda Dustin to the Hispanic Affairs Advisory Coumt~. August 4, 1992 ese Deputy Clerk Farrls replace4 Deputy Clerk Guevln It this tl~e AI[I~IA~f~E~ATXO~ OF COUNTY MANAOER - COST-OF-LXVINO XNOREaSZ WITH Commissioner Volpe referred to the self evaluation previously completed by County Manager Dorrtll, copy not provided for the record, wherein he critiques his performance over the last year as well as Identifies goals and objectives to be pursued during the ensuing year. He concluded that, pursuant to the individual evaluations completed by the Board of County Commissioners, copies not provided for the record, the genera/ overall evaluation of County Manager Dorrtll reveals he has done a good Job during the last year. Brief discussion ensued regarding the individual evaluations and subsequent Identified areas suggested for improvement by County Manager Dorrill. Commissioner Volpe suggested substituting an automobile allowance for the provision of a vehicle to County Manager Dorrill and, following brief discussion, it was the consensus that County Manager Dorrill should develop a proposal addressing the vehicle issue for future presentation to the Board of County Commissioners. Brief discussion ensued regarding professional travel expenses provided County Manager Dorrtll. The following persons spoke to the issue of a salary increase for the County Manager: Scott D. Lepore Fred Tarrant Subsequent discussion included Commissioner Saunders' suggestion to restrict County Manager Dorrtll's salary increase to last year's level, i.e. a 2~ increase, and Commissioner Shanahan's suggestion of a cost-of-living adjustment with a cap of 4~. Xn response to Commissioner Shanahan, County Manager Dorrlll con- firmed that the Department of Labor Standard for the Miami Index Is the Cost-of-Living standard which has been utilized by the County, August 4, 1992 adding that it was approved this year at 4~. Commissioner Volpe stated 2~ is the maximum increase that he could consider for an increase tn the County Manager's salary. Co~m~uto~e~ Ha~me ~oved, ~econded ~ Co~tle~oner Goo~ght ~d g~~t ~ t~ C~W ~r's salau consistent with the cost-of- ltv~ kt wt~ a ~p of Cootsetoner Goodnight pointed ou~ that .5~ ts earmarked for retirement as mandated by the State. In response to County Manager Dorrtll's Inquiry regarding whether the increase ts to be retroactive to his anniversary date of May 27th, tt ~s the consensus that current policy provides that (o2~s) ~~ ~ ~IOX 9.5, I~ B OF O~IX~C~ 91-44 ~ ~~T ~~ ~ ~ D~~ 0F ~ ~ ~T ~ ~ ~ ~ ~ ; DI~I0~ ~ 8T~ - In response to Commissioner Goodntght, Transportation Services Administrator Archibald confirmed staff's belief ts that postponement of this item might tn turn cause delay of the award of the contract for both Westclox and Carson Roads. He proceeded to explain this Item is a request of the Board of County Commissioners to make an Interpre- tation based upon a stipulation in the Arrowhead PUD document, speci- fically Ordinance 91-44, and briefly summarized staff's actions to-date regarding this matter. Commissioner Volpe Interjected bls understanding of the issue at hand is the question of commitment made for right-of-way and removal of certain improvements therein, the cost of which is to be borne by the property owner, pursuant to staff's recommendations. Commissioner Goodn/ght couuntcated her recollection of the ~tter ts that there was to be a donation of the right-of-way by the property owner for the road which, tn turn, would help improve the owner's property, and Transportation Services Administrator Archibald . Page 32 August 4, 1992 confir~ed she ia correct as staff not only made that request and the Petitioner not only agreed to It, but it was recognized all along that the roadway would be critical to the property owner's development and consideration would be given to applying impact fee credits to the $30,000.00 value of the right-of-way. Nr. Archibald explained the developer now indicates the value of so~e cow pens and sheds on that right-of-way is approximately $150,000.00 and, additionally, the developer wants to be paid his attorney fees. In response to Commissioner Volpe, County Attorney Cuyler advised staffee opinion ia that the property owner ts to provide a clear right-of-way. Transportation Services Administrator Archibald revealed staff's recommendation, should the deve!oper"s response to the County's propo- sal be negative, Includes eliminating the Carson Road project from the Countyts list and proceeding as quickly as possible with the Westclox pro~ect. ~mto~e~ Shanah~n ~ov~, seconded by Co~a~iasioner Saw,riders, to ~ F~tion 'A' from staff, i.e. if the Board concurs wtt]~ ~ that ~cle~r Fo~d right of way,' without the Count~ being ~J~ to ~t costa and s~verance damages was lntende4[, th~n a opeactfic tJ.~e fr~e is requeated by the Board of CountF C,o~l~e~F~ for co~pli~nce by the developers. Commissioner Goodnight stated she does not want to delay the Carson Road expansion, and Transportation Services Administrator Archibald explained it Is hopeful the Westclox extension will address the problem at Carson and Lake Trafford. Transportation Services Administrator Archibald agreed the Carson extension ts very important but added the exposure to the County represents more dollars than the construction costs of the road itself. Transportation Services Administrator Archibald indicated staff needs approximately thirty days to address this problem and to proceed ,oo, fl00 , 116 Page 33 August 4, 1992 with the contract bids. Following brief discussion and upon call for tha question, the ~ott~ ~i~d unanimously. (07O0) X~ma ~8B4 ~[~"qFT~OIIOF EqFRC~LSI A~ ~R ~ AC~UXSXTXON 0F P~ 10g 0X ~ ~ (~~ ~. 66041} - ~~D AT COST OF 85.00 Sq. ~. This item was discussed in conjunction with Item #8B§. Transportation Services Administrator Archibald explained an appraisal was done in 1991 by an appraiser representing Collier County, with a more current appraisal done by an appraiser repre- senting the owner, the latter reflecting higher values. He explained an agreement was negotiated based upon an updated value of $5.00 per ~quare foot. C~e~lmtooo~ ~hanahan moved, seconded by Conntsatone~ SiGnde~a ao~'~i~s~niee~sl¥, to al~rove the mcqutmitlon of Parcel 109 on Page 34 August 4, 1992 El[:~fl;~,~~ ~ FOR THE &CqUISlTIO~ OF ~ARCEL 107 ON ~ ~ (P~ ~O. ~6041) - APPROV~ AT COST OF $5.00 Sq. FT. This item was discussed tn conjunction with Item #8B4. ~eetener Shanahan moved, seconded by Co~ieetoner S~under~ Page 35 August 4, Z992 (o?~) 13~CU"~OIIOF ~l A~ FOR THE ACQUISITION OF PARCEL 106 ON lOAD (FI~OJECT NO. 66041) - PARCEL 106A AT & CO~T OF 87.50 AID PAICEL 106B &T & COST OF 840,000 PER ACI~ AFFROV~D Transportation Services Administrator Archibald explained this item also includes the right-of-way for Immokalee Road on the south side extending all the way from U.S. 41 to the North/South extension of the Pine Ridge outfall canal. He pointed out staff initially pro- ceeded to obtain a fee simple ownership to the road right-of-way and an easement for the drainage needs, but ultimately negotiated for purchase of a fee simple of the entire right-of-way to be used for both road and drainage purposes. He explained the parcel has been broken up Into two segments with one segment falling within the acti- vity center and, thus, having a higher unit price than for the parcel outside the center. He concluded that the $7.§0 per square foot price negotiated for Parcel 106A is a very acceptable figure for that por- tion of the right-of-way within the activity center and that the nego- tiated price for Parcel 106B of $40,000 per acre is also acceptable. Brief discussion ensued regarding the possibility for dedication of theme parcels from the developer, Barren Collier Companies. Douglas L. HcGllvra spoke to this issue. ~l~l~ Shan~han ~ov~d, seconded bF Comtesioner S~mdere ~ ~~ ~t~3F, to a~r~ the ~c~ of Parcel lO6& at a ~ ~ $?.~ ~ ~ t~t ~d t~ ~c~e of P~ce/ 106e at a Page 36 August 4, 1992 I:~II'~II~I:N~O~-Z,aJI~ ~ OPOR ZI~IOKAI,~ ROAD (C.Z.K. PRO3ECT ~10. OO~, 11tA~I~l~OItTATZON PRO3~CT RO. 66041) - APlqtOVED Transportation Services Administrator Archibald explained this item deals with the corner parcel at the intersection of Immokalee Road and Airport Road being acquired tn easement rather than tn fee. He confirmed the negotiated settlement price of $148,900.00 tS below the appr&lsed value, and that the agreement places the responsibility on the property owner for relocation of certain improvements such as the large sign. ~mtm~ ~undero ~oved, seconded by Coutsstonsr Ooodntght ~ ~l~l~lmo~l¥, to approv~ the acquisition ~nd appm~prtate Page 37 August 4, 2992 (1170) I~ESO~I~0~ 02-420 RI USER FEES FOR AMBULANCE SERVICE PROVIDED BY CO~I~H ~OONT~ DEPARII~F/ OF EM~t~ENC~ MEDICAL SERVICES PORSUANT TO CO~3~R COOJlTY ORDTNAB'CE 91-46 - ADOI:Pl'KD Emergency Services Administrative Maaager Gr~ff~n briefly sum- ~arized the previous actions of the Board of County Commiss~oners directing staff to ~mp]ement an EMS user fee, and communicated there have been problems associated w~th the two tiered user fee structure subsequently ~mplemented. He proceeded to review the proposed changes to the fee structure which include a reauction tn the base rate to $280.00; an increase ~n the m~leage charge to $4.00 per mile by ground ~n County; and an increase ~n the routine non-emergency base rate to $150.00. In response to Commies~oner Sha~ahan, Mr. GrJff~n stated that the average EMS bill will be $350.00. Brief discuss~on regarding receipt of a request for a CertJfJcate of Convenience by the City of Naples concluded w~th the suggestion that staff communicate the new EMS fees to the C~ty of Naples. Coumdmionew Shanahan moved, seconded by ¢om~lssioner Seunders 8ndc~ewledun~nimouoly, to approve staff's rscomamem(~tion, thereby. edogt~~lutioa 92-420. Page 38 August 4, 1992 CO~TIEg~G~ CO~qt&~f AND ~]PPLEME~TAL AGREEMENTS FOR TR~ EUCLXD AIID ~ ~ ROJLDSZD~ IMP~OV~NT~ MURZCXPAL SERVICE AND BENEFIT UNTT, PUI~U&NT TO COUF~ BZD NO. 91-1701 - APPROVED IN TR~ AMOUNT OF $708, ~0.79 Transportation Services Administrator Archibald explained this item is strictly a close out of the contract and summary of the total cost as well as a break do~n of all the Supplemental ~greements. He proceeded to Identify the contract change which allows for the use of & aeries of concrete pipes in lieu of the previous corrugated metal' pipe. Brief discussion ensued wherein concern was expressed for the work performed which Included bike paths that have subsequently washed out and grates which appeared to have been improperly set, and which concluded with Transportation Services Administrator Archibald acknowledging he is satisfied that the contractor has performed the 3ob for which he was contracted to do. Ck:~eei~we Volpe moved, seconded by Commissioner Goodnight and c~r~i~d 4/0 (Commissioner Saundara not present), to grant final appro- val smd athorlze payment of the construction contract and Bupplemental ~ta in the revised contract amount &r']o 179 Page 39 August '4, 1992 (lO4O) RIV'~SXOSI TO THI TRAIiSPORTATXON IMPACT FEle KFTKCT'rVE DATE - STAFF ~ TO PJIIFAR~ KMBltG'KNCY ORDIJI'A]I'CK FOR AUGUST 22, 1992 BCC County Attorney Cuyler explained this is a request that the Board of County Commissioners consider on next Tuesday's regular agenda an emergency Ordinance that deals with the Transportation Impact Fee Ordinance passed a little over ninety days ago. He diwlged that the request is for August 14th to be an application cut-off date, i.e. any IpplicatIon received prior to that date will be processed under the old fees as opposed to the new fees. Community Development Services Administrator Brutt recited figures for building applications processed in the recent months. John Lee expanded on the request for the emergency Ordinance and ~uboequent cut-off date. O~mmts~ion~rSlmsnahanmorved., seconded byConisstoner Haooeand c~tod 4/0 (CoB~tssioner Saunders not present), to direct staff ~ ~nO~dlnanceA~nd~nt for presentation at tho August 11, 1992 mt~ of t~e Board of CounW Co---tsstoners. County Attorney Cu¥1er explained that, at staff's request, the Florida Association of Counties has considered assisting the County in the situation with the Department of Community Affairs regarding the concurrency issue, recommended Order, the five year window, etc. and has co~municated that, upon receipt of a formal request from the Board of County Commissioners, they will involve themselves. Following brief discussion, it was the consensus that Commissioner Gooctnight communicate via telephone the County's Interest In the Florida Association of Counties pursuit of the matter. (2228) lOJ~OffOOUfft~ OONNX$SXONER~t COEE~JNXCATXON~ Page 40 August 4, 1992 Xn response to Commissioner Volpe's inquiry, County Nanager Dorrill confirmed his intent is to mai1 the RFP for baseball no later than [rtday to allow approximately thirty days for proposals to be Bade and Included on the agenda for the September 15th meeting of the Board of County Commissioners. Commissioner Volpe questioned the date of the advertised public hearing regarding the Ordinance for the Tourist Development Plan and County Attorney Cu¥1er Indicated he ts uncertain of the advertised date at this time. ese ~Nio~e~ ~mm~ov~d, a~conded by Coatastoner Shanahan · m~ g~l~dun~nlmmml¥, that the following ite~sunder the ~t ~g~m~be ~ and/or adopted: **' ~ OF ~ FACILITIF~ FOR SAPPRIRE LA~EB, PHASI X-C - NXTR ~l~lq~lt~OIl~ D~TAZLED ZN11~ ~XECUTXVE SUPN~t~Y OR Book Xtem ~l~&~ Deleted lt~ ~/~&~ Pages NOTE: DOCUMENTS NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF DECEMBER 21, 1992 R:KBOZIJTZG81 02-4.01 AOTHORXZXNQ ACCEPTANCE OF GOLDK]I GATR ESTATES UNZT 3.98 TRACT 82 RIPT, A.T A POITTXON OF A PR.KVXOUSLY RECORDED PT.,AT KNOWN' AS ~ ~T~ ~TAI~ U~T NO. 195 scs Page Xt~#l~lk4 SeePage ~~ ~2--4~0 AUT~ORXZXIIG ~PT~K OF LOT i, BLOC~ =G= R~P~tT SeePage ~/~ R:I~OLU'fZOJl 92-404 AOTHORXZXNG ACCKPTJLNCK OF GOLDKR GAT~ KS'TAT'KS OlFJ:T 25 TRACT 21 RIFT, AT A PORTXONOF A PRXVZ~LY KECORDKD PLAT KNCR~AB ~SATII:BTATI:S UN/T 25 Page 41 992 SeePage ~/~ II:~Oe.,~TZ~ll ~-40~ AUT~ORZZZNG PIt~LrI~NARY ACCEFTAIICE OF RO~J~tltT, DII~I:~I~, II&T~t & ~ I'I~R~ IN I~:SSZON VZLLAG~ UIlZT ON~ ~ ~ ~I~'VOC~E ~ OF CREDIT FROM TH~ DEVELOPER 92-406 AUTHORZZZRG TI~ ACCEPT~C~e OF 25 $~:~.,ZT A PORTZON 0~' I~V~T R~'OItD~D PLAT ~ AS GOLDEN GAT~ ESTATES UI~T NO. 20 Xt~ ~.SB2 ~ WZTI ATOUB · A.SSOCZATES, ZI~C. KK PARCKL 140 AND ACCKPTJLIICK O~ ~ OIP ltZGHT-OF-WAT TO COII~FR~CTZOJl FOUR-LANK ZMPROV~MB3IT~ TO R&DZO JWAD (TRArSPORTATZOX PROJECT RO. 65031) See Pages =,~ - ~,~ Zt~ #19D1 ~ /OR C011STRUC~XON OF Z~gg RO~/~-g51 ~R~ ~X~ ~, B~ ~* 92-1907 - ~D TO 8~S & ~0~, Z~., ~ ~ ~ 9426,264.55 O0~IA~'FF0~~XO~ OF THENORTll COU~fY I~GXORALMAST~MAT~ ~ ffZAIIT C~E:LORX~ COgTACT BJWZll ~XPA~3ZO~, BXD NO. 92-1915 - AIIIUI~DTONZT011~ & ~TARX COZrBTRUCTXON CO., ZRC., XRTI[BJU~OZET OF CONTJtACT J~3R PROIPI~SZONAL SKRVZCKS A~ rOR THB DKSZG3I Or PlASTER PUMP rr&T3:OIr ~.I? AID ACCOMPAB3~NG rORCK MAZN - A#ARDKD TO GRKKLY & HAISlIIIrS/lllRS ZNTHEMAXZlq~IM~O~rT OF $228,445 COMTBAL'*T IJ~3R PRI:FIPS~SZ~ SK/qVZCKS A~ FOR THE DKSIG~ Or MASTER PUMP rrlTzog 0.20 - AWARDED TO WZLSON, MZLLER, BAR/~N & PEKK, ZWI:. ZN THI AMgU~T OY $02oSOO ~ ~ BO. ·8 (FILIAL) TO TI~ CONSTRUCTZON CONTRACT WZTll D.N.. w'rOQ'~l~, ZNtJ. FOR T]~ ~ ROAD MAT'lrR, $~R AND OTI'LFT'ZB:B I]~t~OV~Jq~ENTS - IN T'HK AMOUNT OF $21,500 BZD · 9~-1917, rOR OOLDKII GATK WKLLrZKY.,D MATKRZALS - A#ARDKD TO ~ ~ZS~S IN THE ~ 0r 0113,337.20 PAY A~DA~ TO KXTKRD PAYMKJIT Or SKMKR ZI~AOTI~II'O~AZJUIP. BOLTOR IR~rzc~ O!~ isRGMZBI TO PAY AIFD AGRK~eENT TO KXTKRD PAYMB31T or 91EWB:R ~MPAITT ~ lqm Er, ORA L. BISHOP Zt~ IIO~ZC~ OJ~ lt~I:JMZ~I TO PAY AND A(JRKD~FF TO KXTKJ~ P&YMI31T Or SKWKR NOTZ~ O~ PROMZSE TO PAY AIFD AGREEMENT TO EXTKIFD PAYMKNT or SKWKR See Pages Page 43 August 4, 1992 ; Zt~ A~I~IORIZATIOI TO ~CT A ~RTION OF BID NO. 92-1931 - ~L~ ~RTION OF B~ (~ ~SION ~ D~A~ING) ~C~D; ST~ TO ~-BID It~ ~16DlS ~C~~ OY A~~ WI~ MIlL PROCACCI, 30SEPH PR~&CCI, ~CI ~0~ S~E~ CO~TION, VI~S D~LO~ CO~TION ~ ~~S ~I~I~, INC., TO CONS~UCTION A ~RTION OP ~ ~SSION ~ IN ACCO~CE ~ ~ NOR~ CO~ S~ B~ ~ TO ~O~IA~ ~ ~I~CE S~VICES ~S ~T It~ ~16E2 B~D ~2-18~ ~R ON C~L ~E~C~ ~PA~RS AT CO~ ~AT~0~ ~ ~ V~S ~E~IC~ FIM AS DETAILED IN ~ ~I~ Zt~ e1~1 ~ ~ ~ ~ ~ CMI~ P~ SO~L FIELD - ~ L~ ~~ION OF N~ES, INC. It~ e1612 ~ ~ ~R ~SKS ~D TO CO~1~ D~O~ ~:'~'~ '~, ~](TP, A GAIN TIME FOR INMATE NO. 74135 M~E~ COIq/q~SPOHT)K]ICE - FILED AND/OR The following miscellaneous correspondence was filed as presented by the Board of County Commissioners. Page 44 ) August 4, 1992 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 8:15 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS ~i~,m~\ approv.d by the Board on or as corrected aa presented Page 45