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BCC Minutes 04/14/1992 R Naples, Florida, April 14, 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 ]aw and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION tn Building "F" of the Government Complex, East Naples, Florida, with the fo/lowing members present: CHAIRMAN: Michael J. Volpe VICE-CHAIRMAN: Richard S. Shanahan Patricta A. Goodntght Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: John Yonkosky, Finance Director; Kathy Meyers, Annette Guevtn, Debby Farris and Ellis Hoffman, Deputy Clerks; Nefl Dorrlll, County Manager; Ken Cuyler, County Attorney: George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Wi//tam Lorenz, Environmental Services Administrator; Sue Filson, Administrative Assistant to the Board: Jennifer Pike, Assistant to the County Ma~agur: Tom Olltff, Public Services Administrator: Tom Conrecode, Director of the Office of Capita/ Projects Management; Bob Blanchard, Orowth Planning Director; Bryan Milk, Project Planner; Russ Muller, Engineer; Mike McNees, Budget Director; David Wetgel and Richard Yovanovich, Assistant County Attorneys; Sam Saadeh, Bob Mulhere, and Ray Bellows, Project Planners; Fred Bloetscher, Assistant Utilities Administrator; Peter Comeau, Stormwater Utility Manager; Bob Fahey, Solid Waste Director; Ktmberly Polen, Environmental Specialist with Project Review Services and Deputy Byron Tomlinson, Sheriff's Office. 01 Page &G'g]ID& - &I:~'ROg~D MZ'I'~ CEARG~8 April 14, 1992 CL-~t~ ~tntnsl¥, that the agenda be al;proved u Indicated on the Ag~l~dm ~ Sheet and with the following change: 6. Item #7(A) re beach parking at Swallow Avenue and South Collier Blvd. - Continued to April 21, 1992, at the request of the County Attorney's office. 08 Page 2 001~13~ Jt~I~DA - APPROVED AND/OR ADOPTED April 14, 1992 ~ ~otion for epprov~! of the Con~ent Agenda ~a noted under Item Zte~ ~& ~ ~C~ ANARD~ - PP~SE~TXD Commissioner Saunders congratulated Mark W. Schlosser, Utilities :tO Page 3 Administration, and presented him with a five year Employee Service Award. FJt~TATIO~ BY RUSS MULLER REGARDING THE RESULTS OF TH~ WALEA~(ERICA Russ Muller, Engineer with Transportation/Pro3ect Management and Walkamerica Team Captain for Co/l/er County Government, presented the following results of the Walkamertca Event: 477 walkers registered, $15,700 was raised, Transportation Department raised the largest amount of money, Ramlro Manalich, Assistant County Attorney finished f~rst and won a trophy, and the final challenge to be met by the County Manager will be to don a turkey costume and stand at the corner of U.S. 41 and Airport Road on April 24, 1992 from 12:00 P.M. to l:00 P.M. ~ ~S e~-21~/~2-221 ~ ~2-22~ - ~ED C~sS~r Huse ~, seconded ~ Co~tssioner B~tght ~d =~r~ ~~1~, t~t Budget ~n~ents 92-216/g2-22~ ~d 92-22~ ~ ~t~. ~ ~ ~OL~ION 92-20 - ~D ~~~ ~se ~ed. seco~ed ~ Co~ss~oner G~ght ~d ~~ ~~ly, t~t ~dget ~n~nt Resolution 92-20 ~ April 14, 1992 IMPACT OF ARBITRAGE R~BATE R~GULATIONS ON THE $4,400,000 1990 SERIES BOND~ AND TH~ $13,750,000 COmmeRCIAL PAPER PROGRAM - APPROVAL OF PAYM]I~TS TO THE IRS John Yonkosky, Finance D/rector, reported that this item deals with a report of the Impact Fee Arbitrage Rebate Regulations on the $4,400,000 1990 Series Bond and the $13,750,000 Commercial Paper Program borrowing. He noted his objective is to obtain the Board's approval to submit a payment to the Internal Revenue Service of the arbitrage rebate that is due on both those bond issues. Mr. Yonkosky reported that the total due for the $4,400,000 1990 Series Bond is $4,299.55 plus Interest of $31.66 and is for a year's period, and the total due for the $13,750,O00 Commercial Paper Program is $11,613.82 and the interest is $160.88 for a six month payment. Mr. Yonkosky noted that the second calculation for the $13,750,000 is due this month, but is not calculated exactly yet. Mr. Yonkosky expressed that the recommendation is for approval to make those payments to the Internal Revenue Service. He pointed out that there may be some difference in the interest calculation of a few dollars. Commissioner Shanahan emphasized that this is good business. He recognized that the net difference between the two, is a net differen- tial earned by the County of $546,000. Transportation Services Administrator Archibald advised that the $13,750,000 represents the commercial paper loan and is designated for primarily four projects - Immokalee Road, Radio Road, portions of Airport Road and Pine Ridge Road, and when you include right-of-way, the four will exceed approximately 20 million dollars total. He noted that the contracts have not been awarded, and the County is going through a right-of-way acquisition process, and until al/ the parcels are acquired that are needed, those projects will be delayed. He stated that the saving grace as Mr. Yonkosky noted, ts that the ear- nings while the funds are not expended, exceed the delinquent charge. Page 4 April 14, 1992 C,~mt~J, one~ Sh~n~h~n ~oved, ~conded by Co,.-testoner l~ ~nd c~':l~l~ 4/1, (~tsaloner Vol~ o~eed), to a~r~e the ~ts to 1991 - ~ Mr. Yonkosky reviewed that recently the Board approved a Forward Purchase Agreement and that this is an Amendment to that Agreement that will allow or provide that Mitsui Taiyo Kobe Global Capital, Inc. wtll pay the County in case they miss a payment, and they will pay any &rbitrage rebate that the County would have to pay. He commented that it ts very unlikely that this is going to happen because of the interest rates. Mr. Yonkosky recognized that this Amendment has been reviewed by the Financial Advisor, the Bond Counsel, and the County Attorney's office, and the recommendation is for approval. ~~toner Shanahan moved, leconded by Coitlstonlr HUll and ~rTl~~t~l~, to approve the Amendment. 13' Apr1! 14, 1992 Item ~& - Continued one ~k :Item l~OL~flO~ 92-226, P~ PKTITION PU-89-18, JAMES A. DAVIS OF COASTAL ENGIII~E~ING CONS~FLTANTS, INC., P~EPRESENTING TKMPUST~CH, ~NC., ~Q~/NG ~lON OF CO~/TION~ USE '6' ~ '~' OF ~ CO~I~ F&CILZ~ DI~I~ 'CF' FOR A ~INA ~ ~IVATE YA~ CLUB ~R ~0~ ~A~ SO~ OF ~NITA B~CH R0~ ~OXI~LY O~ MILE ~ OF V~ILT DRIP, ~JAC~ T0 LI~LE HI~0~Y ~Y - ~ED Bryan Milk, Project Planner, explained that Petltion PU-89-18 was approved by the Board of Zoning Appeals to allow a marina and private yacht club on 2.14 acres and that this Conditional Use will expire June 19, 1992. He discussed that the Petitioner ts requesting an extension for the second time due to lengthy delays in the application and permit process from the Corps of Engineers, the DNR and the DER. He reported that approximately six months ago they had an Administrative Appeal due to the public concern tn and around the bay area, and as of December, 1991 the Appeal was dropped and the Petitioner Is now moving ahead with the permitting process. Mr. Milk noted that Staff ts recommending approval. Co~sstcrner Shanahan ~oved, seconded by Comlsstoner Saunders and carried u~ntmly, to approve the extension of the Conditional Ose, the~-m~F ~:vpi:in~ Re~olution 92-226. Page 6 April 14, lgg2 ADTI~IZATION TO $I~N LETTKR~ TO TH~ FT~OHIDA HOUSING FINANCK AGENCY IN ~ OF T~ WILD~OOD LAIZES AI~ORDABLE HOUSING THAT APPEARS KLIGIBLH TO~I~F~ LO~--INCO~ RENTAL HOUSING TAX CREDITS - POSTPONKD UNTIL CO~TI~3~f OF P&YI~NT IS OBTAINED Transportation Services Administrator Archibald reported that this item was continued from the April 7, 1992 meeting, concerning the arranging of postpayment for turn lane construction at the Wildwood Lakes Project as a condition for sending the letter of support to include affordable hOUSing within their PUD. Re reported that the developers have been contacted and there are some financing concerns, ~rld Staff is recommending that this item be delayed until a written Agreement is obtained, and financing is arranged. Frances Barsh expressed support for the delay in sending this "/ letter, until the developer commits to an Agreement for payment in '~ writing. ~t~ ~~ly, to ~ld ~ action on t~ letter for ~ ~til a fi~ co~lt~nt In ~itlng ts obtatn~ conceding the mo~o~ 02-227 A~ORIZZRG ACQOZSiTZOR OF A D~IRAGK ~~; ~SO~ 02-228 A~ORIZ/HG ACQO~SITZOH OY ~~ CORS~OCTIOR m~~ ~ ~so~oH 02-229 A~ORZZ~RG ACQOlSIT/OR Or RO~ ~~K OR COllATION, ~ICH ~ ~QUI~D FOR ~ CONS~UCTION OF ~S~RTATION I~O~S TO I~O~LKE ROAD - ~D Transportation Services Administrator Archibald reported that this item ~nvolves r~ght-of-way problems dealimg with the Immokalee Road Project extending from U.S. 41 eastward to 1-75. He noted speci- fically that the parcels in question are primarily between U.S. 41 and Ammedlately east of Airport Road. Mr. Archibald noted that the three resolutions reflect and conf~rm program needs and right-of-way requirements consistent with the four lane design and alternative designs and locations, as well as environ- mental factors, long range planning, cost variables, safety and Page 7 April 14, 1992 welfare considerations. Mr. Archibald discussed that the first resolution deals with a ten foot wide single drainage easement, parcel #806, the second resolution deals with several needed temporary construction easements at various locations primarily for access and drainage, parcels #706A, #?0SB, ~708, ~?09, ~713, and the third resolution deals with obtaining ease- ments for the road right-of-way and allows for provisions of utility drainage and maintenance, parcels #106, #107, #108, #109, #113, #121, #122, #130, #131, #135, #138, #139 and #140. Mr. Archibald noted for the record that part of the legal description for parcel #140 was not included in the Executive Summary, and he distributed a handout with the correct legal description. C~teeioner Sh~ ~oved, seconded by Contsstoner ltasse and c~ried'~r~i~ou~ly, to a~pt Resolution 92-22T authorizing the C~ssl~ S~ ~ed, second~ ~ Co~tmstoner ~ae ~d ~~ ~l~ly, to ~pt Resolution 92-228 aut~rtztng the ~tlttt~ of t~r~ correction e~e~nt~. ~l~ ~ly, to adopt ~solutton 92-229 authorizing the ~tti~ eT ~ rtght-of~, utility, drat~ge ~ ~tnt~ce Page 8 Aprt! 14, 1992 10:15 A.M. - Rmconvened: 10:30 A.M. at which time Clerk Farris replaced Deputy Clerk IteaJ~C1 (form~rrl¥ #16C1) ~ TO ESCROW AGRKKMX]FT BETWEEN COLLIER COUITI~/ A~D AUO OF THE ~EGI~ HiFI'EL AT PELICAN BAY (AUO) - APPRO%rED Public Services Administrator Olliff summarized the intent of this 1tom, as relating to the construction of the third pod at the Clam Pass Boardwalk, pointing out the fact that the County initially entered Into this Escrow Agreement with the AUO (Association of Unit Owners} in 1988, and there have been two subsequent Amendments to- date. He stated that, should the third pod not be constructed, the funds, i.e. $75,000 plus accrued interest, will belong to the County. He relayed staff's recommendation for an agreement extension until April of 1993. Assistant County Attorney Weigel explained there was an aggregate ~ of $1§0,000 placed in Escrow tendered to the County and which the County is holding and earning interest on, $75,000 of which was speci- fically earmarked to come to the ownership of the County if the pod was not built by a certain date, and an additional $75,000 which was specifically for the water and sewer construction. Commissioner Volpe questioned whether the $75,000 can be placed into the General Fund, and Assistant County Attorney Weigel answered in the affirmative. l~ublic Services Administrator Olliff revealed staff is tn the pro- cess of preparing a report based on the most recent action of the City of Naples in response to the County's request for a connection to their system. ComBtsstoner Saunders concluded it would be a mistake to /et the AU0 {A~eociatton of Unit Owners] out of the obligation to pay the total cost for construction of the pod. The fo/lowing persons spoke to the issue of the Amendment to the Escrow Agreement between Collier County and AUO (Association of Unit Owners) of the Registry Hotel at Pelican Bay (AUO): 000.: 86 Page 9 April 14, 1992 Barbara Boys F. Joseph McMacktn III, Attorney for Association of Unit Owners Bill Branan, Director of Environmental Protection for the Conservancy Gary L. Beardsley Pursuant to Commissioner Saunders' request, Mr. Beardsley pro- ceeded to briefly explain the concept of one structure per five acres of "fast land", i.e. the federal program which the State of Florida has adopted. Complying with Commissioner Volpe's request, Assistant County Attorney Weigel proceeded to brlefly summarize the provisions of the original Escrow Agreement. Conissioner Hasse Indicated he sees no need for the construction of a third pod. Co~iuloner (k~mtnight ~oved, seconded by Co~r~leeloner Sa~u~dere ~ =~.~l'ied 3/2 (Co~ieetoners Ha~ee ~uld Volpe opposed), to approve tl~e Thi~A~en~ent to the Escro~ A~Tee~ent between Collier County and tbs A~o~lation of Unit 0~ners (AUO] of the Registry Hotel at Pelican B~y, Xz~. eart~iz~ the Agreement to April 30, 1993. 000. . 87 Page 10 April 14, 1992 FROFE~$I~N~L S~ICF~ BETWEEN THE BeC AND DAVID M. ~RIFFITH & A~O~IATE~, LTD. TO FRO~IDE SERVICKS RELATIVE TO THE IMPLEMENTATION 0F TKE (~]~X~'$ STORMWATER ASSESSMENT PROGRAM AND ASSOCIATED BUDGET A~ - CONTINUED AT LEAST 30 DAYS Peter Comeau, Stormwater Utility Manager of the Water Management Department, explained the intent of the recommendation that the Board of County Commissioners approve the necessary budget amendments, authorize and direct the Chairman to execute the Professional Services Agreement, and authorize and direct the County Attorney and Water Management Department to engage specialized legal and consulting ser- vices to implement the Stormwater Utility Program. Commissioner Volpe remarked that property owners will pay some type of fee, and both County Manager Dorrtll and Mr. Comeau agreed. Mr. Comeau reported the proposed ranges are: Urban srea $18-$28; Estates area $19-$29; Northeast Collier and Immokalee ~14-$21; and Southeast Collier $12-$18. Co~missioner Shanahan expressed concern that test merging 3,000 accounts will suffice for proceeding with the ultimate 146,000 par- cels. In response to Commissioner Shanahan, Mr. Comeau confirmed that everybody who is on the roll would have to be notified that the assessment program is being implemented. He stated that, as federal ~u'~d stats lands are excluded, the actual amount of paying entities would be between 80,000-90,000 parcels. CoLlnty Manager Dorril] recommended against sending out any notices ~nt~l such time that the test roll had been run to determine whether or not the rolls can easily be merged, and Commissioner Shanahan con- cuffed. County Manager Dorrill stated the Board' of County Commissioners should authorize staff to execute those agreements today that are necessary, and bring back a revised fee schedule to only do the trial r%~n portion. He advised that the Federal Environmental Protection Agency has passed a series of new laws that will force the County, at Page 11 April 14, 1992 so~e point, to spend cspltal Improvement dollars to improve its drainage systems, Com~isatoner Saunders commented that staff has created enough doubt that it is necessary for him to see the new arrangement prior to supporting any agreements to proceed. ~/s~ieaer ~vnders ~ov~d, ~conded ~ Co~lssi~r S~, to aris ~is ire for a ~rt~ of ~t least 30 ~ys to all~ staff to ~tle ~i~ infomtion for presentation to t~ ~d of C~ The following persons spoke to the issue: George Keller Earl Marlin, President of East Naples Civic Association Fred Tarrant, member of TAG (T~payers Action Group of Collier County) ~ call for the ~estton, the motion carried ess ~ Cl~k Hoff~ r~laced ~ty Clerk F~rts at this DXmlM ~ ~0 ~VlW S~ ~S~ ~S III - ST~ TO XMXTIA~ D~X~ ~ ~ ~ FI~ DIS~I~S I~OL~D; ~IMG ~~ Assistant Utilities Administrator Bloetscher reported that Items #8D1 and #8D2 are companion items. He requested direction with regard to proceeding with gravity sewer systems on Marco Island. He provided a historical note with respect to the Installation of various districts to allow for sewer collection systems on the Island. Mr. Bloetacher stated that a plan was devised, whereby, as the districts passed the 50% development point, the County would initiate assessment districts and future Issuance of building permits would be ~uspended until the sewer pro3ect commenced. He reported that the first phase of construction was initiated in 1979 and phase two construction was initiated in 1982. Mr. Bloetscher advised that two of the assessment districts have reached the §0~ point, and three more districts are fairly close to reaching that point, therefore, it relevant that design be Initiated and begin working toward construction of the gravity sewer .systems. 000 . 91 Page 12 April 14, 1992 Mr. Bloetscher indicated that should the Commission decide to con- tinue forth with the contract, Item #8D2 relates to revisions to the professional services agreement with Wi/son, Miller, Barton & Peek, Inc. He disclosed that staff is not requesting funding at this time but if design is initiated for any of the five phases, funding alter- natives will be brought back to the Board. A discussion ensued with regard to the possible acquisition of Southern States Utilities (SSU). Mr. Bloetscher stated there ts the health, safety and welfare issue that must be balanced along with the Dotentlal acquisition of $$U. In response to Commissioner Volpe, Mr. Bloetscher remarked if the Com~lssion desires to continue the contract with Wilson Miller, that a revision to the contract be made so that it would be on a standardized schedule. He noted if the Board wishes for staff to pursue initiating design on the additional five phases, a contract amendment with the funding sources will be brought back at a later date. Commissioner Shanahan Indicated that he believes that there is an obligation to move forward since the waterways are being polluted. Mr. Bloetscher explained that there Is a 9+ month design schedule and the assessment roll and a few other things need to be completed. There were no speakers. O~almio~er Shanahan ~oved, seconded by Collssioner Saunders, t]~t ~f be instructed to initiate the design prc~rsm for the five dt~-ri~tm tnvolv~t ~nd bring back the funding mechanic. Commissioner Volpe stated that he would like to know the funding mechanisms in advance of moving forward. % ~mll for ~ question, the ,orion curled 4/1, (Com~tseioner Volp~ oppose). Item KXFX$IO~S TO PROFKSSlONAL SERVICES AGREEMENT FOR NARCO ISLAND SEWER ~~I[T DISTRICTS - APPR~ #ITH CHANOIS Assistant Utilities Administrator Bloetscher advised that the County Attorney's office has called attention to two additional I O~[)rl~[ 92 Page 13 April 14, 1992 changes within the Amended Professional Services Agreement: Page 1, Line 5, - the word "Island" should be stricken from "Marco Island Water and Sewer District"; Page 12, Item 2.14 - First line should read: "Prepare a tentative apportionment of costs and preliminary assessment roll..." Mrs. Frances Barsh requested that this item be deferred since the funding source has not been identified. Mr. Tom Peek of Wilson, Miller, Barton & Peek, Inc., stated that his firm has not been paid any money in the last five years but during that period of time, his company has continued to monitor the number of dwelling units that were being constructed in each of the sewer districts on Marco and to so advise when they were approaching the 50% ~ark. He explained that the consultant's agreement sets forth the method of engineering services to be provided to the County on a fair basis for fair compensation. C~l~s~ S~Lnahan moved, seconded by Co~isaio~er Rasse ~ ~S~ 4/1 (~~i~r Vol~ ~s~), to a~r~e t~ r~isi~ to ~t ~ t~ ~ ~tttonal c~es to brtn~ the a~nt Into c~f~ ~ith t~ ~rent st~rd profession1 se~tces ilO0 93 Page 14 April 14, 1992 R~TIOI TO CONSIDER AND ACCEPT EVALUATION OF ALTERNATIVES FOR THI TAIDliASTE COLLECTION PROGRAM - CURRENT PROGRAM TO BE CONTINUED S~ BY ALTERNATIVES ~1 AND ~3 Solid Waste Management Director Fahey affirmed on March 31, 1992, a status report was provided to the Commission to effect the state law requirements of the Solid Waste Management Act. He indicated that a variety of alternatives were included and staff was directed to bring back the costs associated with same. Mr. Fahey detailed the costs of Alternatives #1-4, as outlined in the Executive Summary. In response to Commissioner Volpe, Mr. Fahey reported that last Thursday, 3,461 customers of the Waste Management, Inc. (WMI), franchise area set out yard waste; 2,820 customers set out garbage on the yard waste only collection date; and 605 customers set out both yard waste and garbage. He noted there are 40,869 customers served by WMI. Commissioner Hasse remarked that he is of the understanding that 50% of the residents do not want their yard waste picked up. Mr. Douglas McGllvra and Mr. Charlie Andrews spoke with respect to this ~teu. Commissioner Shanahan remarked that he has had hundreds of telephone calls from taxpayers desiring additional horticultural pick up service. CheaaaJNLon~r Sh~nahan moved, seconded by Cm~ssloner Saunders and ca--TIed 4/1 (Commissioner Hio~e opposed), to continue the current 17ro~, I~le~ented by Alternatives $1 and Zt~ ~'12C,4 F~O~3~D&TION TO APPROVE & PROPOSKD STIPULATED SETTLEMENT IF~T~ I~ I~ltID& DKPARTMENT OF CO144[THITY AFF&IR$ TO RE$OT.VE ISSUES RE DC)C1EE~ ~O. 91-%-NOI-1101-(&)-(N), CASK #91-2109 GM - CONTINUED TO 4/22/92 Legal notice having been published in the Naples Daily News on March 30, 1992, as evidenced by Affidavit of Publication filed with 155 Page 15 April 14, 1992 the Clerk, public hearing was opened. County Attorney Cuyler advised the Commission to hear public input today, but noted that there are ten Items that are legalistic tn nature and this Item will be brought back and finalized next week. Growth Planning Director Blanchard indicated that the proposed Settlement Agreement will resolve issues between the State Department of Community Affairs (DCA) and Collier County pertaining to the plan amendments adopted in February, 1991. He advised on March 29, lggl, the County received notice from DCA that certain parts of the master plan and certain amendments were not consistent with Rule 9J-5 or in compliance with Chapter 163, F.S. Mr. Blanchard stated that County staff and the staff from DCA have been working toward an acceptable settlement agreement to avoid the need to go to hearing. He called attention to the agenda packet, con- tanning the proposed Settlement Agreement language on Page 6; Attachment "A", Statement of Intent, on Page 14: Exhibit "B", commitments to be undertaken by the County that would resolve the ~ssues presented by DCA, on Page 26. Mr. Blanchard detailed the changes to be made to the Golden Gate Master Plan, as reflected 'on Page 29 of the agenda packet. Mr. Blanchard provided for the record, a copy of a memorandum from DCA with respect to Policy 1.! pertaining to the Southern Golden Gate Estates area. T~ #4 Mr. Blanchard stated that staff Is recommending approval of the Settlement Agreement, as presented, with the possible exception of the notice requirements affecting the Southern Golden Gate Estates pro- party owners. Ms. Gayla Brett, representing the Bureau of Land Acquisition, Department of Natural Resources, advised that the Department does have a very active land acquisition program currently going on in Golden Gate Estates. She reported that there are 22,000 land owners in the Southern Estates and it is an extremely difficult Job to contact all 000. i56 Page 16 April ~4, 1992 these people. She explained that last year, the State purchased 2,574 acres in SGGE, 3,98! acres in Fakahatchee Strand and 1,654 acres tn the Big Cypress. She affirmed that contact has been made in 21 of the 64 units and the State will continue this aggressive approach in order to bring as much property as possible into state ownership. Ms. Brett announced that DNR supports the proposed stipulated settlement agreement, and indicated that the Department is notifying the people and feels that this should be sufficient. The following persons spoke with regard to this item: Mr. Gary Beardsley Mrs. Virginia Corkran Commissioner Volpe suggested that public not/ce could be recorded in the ~ublic records advising that there is a State acquisition program and future buyers should contact DNR or DCA. ~lsslon~,r Haome moved, seconded b~ Com~isatoner Shmnahan ~d c~t~ 4/0, (Cmtsst~er Sa~ers ~t) to continue the ~blic he~tng ~ti~ ~11 21, ~992. ''' ~: 3:20 P.~. - Reconveyed: 3:40 P.H. ~ Clerk G~tn r~laced ~ty Clerk Hoff~ ~ ~ ~-6 ~ ~F-5 TO BE ~ ~ "~YSHO~ ~ ESTA~S" ON ~ ~ ~ ~HO~ DRI~ ~ ~SON DRI~ - ~~ S~ TO Legal notice having been published In the Naples Daily News on March 26, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Plarmer Bellows presented Petition R-gl-ll requesting to subdivide the subject s~te, consisting of 33 acres, into 79 single-family lots. He said the pro~ect includes approximately e~ght acres of preserve area and a three-acre lake. He reported the petitioner ks proposing to develop a project that ts designed to meet the RSF-5 zoning district standards. Ne concluded Staff has deemed this pro3ect to be consistent with the Growth Management Plan and recommends approval, subject to the Collier County Planning Commission's stipulat~ons. 000. 157 Page April ~4, 1992 David Wllktson of Wllktson & Associates, representing the peti- tioner, agreed with the stipulations set forth by Staff. C<~llion~r H~e ~ov~d, me¢onded by Co~ims~oner Sh~ ~nd c~l~ 4/0 (Cmtsmi~er G~tght ~t), ~o close the ~bltc hea=tng. c~ 4/0 (Cm~.sioner G~Sght ~t), ~o approve Petition R-91-i~ ~bJ~t to t~ Itt~llttonl, there~ adopting Ordi~ce 92-19 ~ ~t~ ~ ~t~ce ~k No. 51. 158 Page 18 Apr~ 14, 1992 i~D-eg-ig(1), LIVINGSTON ROAD, LTD., REQUESTING A ZO~ CHANGE ~ ~E L[V~NGSTON RO~ C0~Y CL~ ~ IN 0~ USES IN ~L ~CTS ~IL D~~ C~CE$ ON I~E~ION OF ~ NOR~/SO~ ~SION ~R ~ ~ ~T/~sT C.R. e~0 - COnraD ~O Legal notice having been published in the Naples Daily News on March 26, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Bellows explained this amendment will allow the continued agricultural activities of grazing 30 head of cattle on the subject property until development commences, which cannot occur until legal access is provided. He reminded the Board that the proposed roadway has been delayed, but is planned for construction by 1994. He indi- cated similar language ts in other PUD's and the continuance of agri- cultural activities on the subject property is compatible with e%trrounding properties to the north, west and east. Commissioner Volpe commented this issue raises policy con- stderations, because ad valorem taxes are significantly reduced as the result of granting an agricultural exemption. ese O~l~l~ 4~modnight returned to the meeting at this time. Robert Duane of Hole, Montes & Associates, representing the peti- tioner, noted this Item is before the Board as the result of a zoning violation. He advised the property was agricultural for ~8 years, however, the petitioner was notified by the County of the need to amend the PUD Ordinance in order to continue the agricultural use of the site. He mentioned development would have been underway at this time were it not for the delays tn construction of Livingston Road. A lengthy discussion ensued regarding whether or not the community at large is subsidizing properties zoned PUD which are allowed an agricultural exemption until such time as development commences. Oe~m~l~e~r Ha~me ~oved, ~condmd by Commissioner S~ ~d =i~ ~~ly, to continue this item to the ~ettng of ~y 12, IHl, ~ s~ violatlou a~tmd ~ndiu~ fill resolution. 000 , 164 P~ge 19 April 14, 1992 92-20 RE PETITION PUD--91-14, BEAR CREEK OF NAPLES, LTD, ~~ A REZONI~G FROM "A' (R~ AGRIC~~) TO ~, ~R ~E ~A~ ON ~ ~ST SIDE OF AI~RT-~LING RO~, ~~Y 1~ ~LES NOR~ OF PI~ RI~E RO~ - ~D S~ TO ~ ~ ~ED ~ ~O~LE HOUSING AG~~ ~O~D ~ Legal notice having been published tn the Naples Daily News on March 26, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Saadeh explained the subject property is currently undeve- loped and designated Urban Residential in the FLUE of the Growth Management Plan. He said the overall potential density for the site is 14 units per acre, including the base density, subtractions for a traffic congestion area, and additions for both affordable housing and resident~al infill. He noted the compatibility study by Staff indica- tes the rezone is similar in density and design to the other multi- family dwellings in the surrounding area. He concluded Staff, along with the CCPC, has forwarded Petition PUD-91-14 to the Board of County Com~issioners with a recommendation for approval, subject to approval of the Affordable Housing Agreement for Bear Creek PUD. In response to Commissioner Volpe, Planner Saadeh stated the peti- t~oner has not requested any waiver of impact fees for the project. Attorney Michael Furen with Icard, Merrill, Cullis, Timm, Furen and Ginsberg, P.A., representing the petitioner, explained in detail the proposed project. Attorney Furen pointed out that the petit~oner has agreed to a request from o~mers of two single-family residences immediately to the west of the site, to provide a fence with a landscape buffer on both sAdes, immediately to the western boundary of the subject property. He added his client has also voluntarily agreed to remove existing Brazilian Pepper trees and install 1§-foot tall trees as an additional buffer along that boundary. JulAan Stokes, owner of Appraisal Research Corporation of Naples, Page 20 April 140 1992 provided a market study, prepared for the petitioner, of rental complexes in Collier County and their affect on single family values. He gave the opinion that rental complexes within the proximity have not had a negative influence on surrounding single-family homes. In response to a concern of Commissioner Volpe, Tom Mannausa, representing the petitioner, indicated a willingness to stipulate that the Affordable Housing Agreement not be a transferable document. The following people spoke regarding this item: Willie Anthony Orsey Anthony Anthony Pires, Jr. Bruce Anderson Donald Howe ~xa~i~io~er ]Xas~e ~oved, aeconded ~ C~ioner S~ ~d ~i~ ~~ly, to Cl~ the ~bltc he~l~. ~~t= ~se m, ~cm~d ~ Co~tssloner ~at~ht, to ~ htttta ~91-14 ~bJect to the addttto~l stt~lattons t~t ~ ~J~t ~ d~lo~ at 14 uits ~r acre; ree lets ~ ~latl~ of rl~t~f~ay r~tr~ for the six-luin~ of At~--NII~ ~ to ~ pr~td~; t~ entire project to ~~le hi~; ~ cmtmctta traffic on Y~r~ ~ or ~t~ ~; ~ ~t for tpct fe ~tvers; ~d proJ~t a~r~al Is ~1 te this a~ltcut. Attorney ~ren reminded the Board of two voluntary stipulations regarding the fencing and landscaping along the property line and the tot lot regardln9 a self-clostn9 9ate. ~ call for t~ ~stion, the ~tta carried ~~ ~tin~ Ordtmce 92-20 as entered into 0rdin~ce 51. ~~i~r ~t~ht ~ved, seconded ~ Co~lsstoner S~ ~ cmtg ~tmly, to ~r~e the Affor~ble H~tn~ A~nt ~~ ~ Cr~k of laples, LTD, ~ Collier C~ty, nbJect to the 166 Page 21 April 14, 1992 see ~.~-I1~: 5:40 P.N. - Recc~rv~ned: 5:45 P.H. at ~ch tt~e ~t~ Clerk ~rim replac~ ~ Clerk ~in ese Xt~eX~l ~ ~ ~L~O~S 92-13/19 TO ~ FISC~ ~ 1991-92 ~egal notice having been published in the Naples Daily News on April 8, 1992, as evidenced by Affidavit of Publication fi]ed with the Clerk, public hearing was opened. Finance Director Yonkosky briefly discussed Chapter 129, and con- farmed that all the Budget Amendments presented today have been pre- viously discussed and approved by the Board of County Commissioners during its regular meetings. ~ ~x-rie~ m~antmouly, to close the public hearing. Commissioner Saxu~ere moved, seconded by Co.missioner Shanahan and ~rted~ma~imly, to adopt Budget A~nd~aent Resolutions 92-13 thrma~b 92-19 for the Ylecal Year 1991-92 adopted budget. Page 22 April 14, 1992 ~[~,~T~O~ ~-230, RE FL'TITIOI CC$L-92-1, SAM~$ P. MARD REQUESTING COA~f~ C~TRI~CTION SETBACK LINE VARIANCE TO ALLO~ REMOVAL OF DEAD C~ ~ FltO~ TR~ COLLIER COUNTY CONSERVATION AREA ~ITHIN TH~ FELIC~ B~Y PUD - ~DOPTED WITH STIPULATIONS Legal notice having been published in the Naples Daily News on March 29, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Environmental Specialist Polen relayed staff's recommendation that the Australian Pine trees located along the opening of Clam Pass be removed or poisoned. She pointed out the concerns of staff, as set forth in the Executive Summary. In response to Commissioner Volpe, Ms. Polen stated that Westinghouse Communities of Naples, Inc. has volunteered the money to remove the prohibited exotics and dead cabbage palms. Oee~d~l~ ~aunders moved, seconded by Co~atsstoner Shanahan ~nd c~t~d~n~o~l¥, to clo~e the public hearing. (l~m~/mios~ ~nd~ra moved, eeconded by C~maisstonar Sheu~h~n, to ~ Petition CCSL-92-1 with all stipulations u recommended by st~[ ~, ~l/tlon~lly, directing staff to work out a plan for in~xt~ that Me~tinghousa Communities of Rap/es, Inc. complies with all the r~qu/rements of their Planned Unit Develol;~ent in terms of ~1 of th~ ~rottcs. In response to Commissioner Volpe, Ms. Polen stated that once the exotic species piles are removed, there is a good opportunity for native vegetation to move back in as there ts a seed source available. ~ call for the question, the motion car;.led unanimously, th~l~y a~o~ttnG R~solutton 92-230. Page 23 April 14, 1992 ~YIOff g2-231, RE PETITION 0SP-92-1, ISLAND BJ~X OF COLLIER L~T~, X~C., ~TING APPROVAL OF OFF-SITE PARKING ON PROPERTY ~C&I~D ~M~qCO HI~-a~DS ADDITION - ADOPTED WITH STIPULATIONS A~fD Legal notice having been published tn the Naples Dally News on March 29, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Mulhere explained the intent of the request by Petitioner for off-site parking. O~l~st~m~ Shanahan moved, seconded by Co--iastoner ~as~e and c~i~ ~m~l¥, to close the public he.ring. Attorney Neale confirmed that the Petitioner ts in agreement with all of the stipulations proposed by staff. He revealed there is one minor change to the site plan required due to the Lee County Electric Coop. agreeing to move their pole and electric box to the back of Petitioner's property, thus allowing the angle of the drive to be changed to Improve the safety aspect of the driveway. Co~mtssion~r Shanahan ~oved, seconded by Co,missioner Hasse and cm~rled~i~ou~ly, to close the ~ublic hearing. Os~ml~t~r Shanahan ~oved, seconded by Co~mtssioner $mund~rs and cmx~l~d~i~u~ly, to approve Petition OSP-92-1, thereby adopting Page 24 April 14, 1992 92-21 AI~]~DIRG ORDINANCE 88-28 B~f REVISING THE APPOINTMENT A~D~)~ZTZO~I OP THE MA~CO IS~JU~D BEAUTIFICATION AD~ISOK~ C09~ITT~ ~ TH~ JAFCEE$ AS A KE~SENTATIVE ORGANIZATION - ADOPTED Legal notice having been published in the Naples Daily News on March 26, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Volpe explained that the purpose of this item is to remove the Jaycees as a representative organization from the Marco Island Beautification Advisory Committee. ~/~tomer S~nnders ~oved, seconded by Commissioner Shanahan and ~.~-'T~e~ w~l~m~ly, to close the ~bltc he~tng. ~~1~ ~ ~, ~co~ ~ Co--taxi.er ~rs and ~~ ~I~IF, to a~r~e t~ ~en~nt to Ord/~ce 88-28, ~~ 9~-2S2, ~ ~C-92-1, GEORGE W. SHEP~D · SON, IRC. ~~ A ~~IRG USE ~GE IN A C-1DIS~I~ ~R ~OPERT~ ~&~ ~ PI~ RI~E ROAD - ~D W/REQ~ST T0 CL~ ~ SI~ LeGal notice having been published in the Naples Daily News on March 29, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Mulhere explained the purpose of the Petition and relayed staff's opinion that the proposed change will probably reduce traffic:. In response to Commissioner Volpe, George Shepherd, owner of the property, confirmed there is a cement batch plant located on the pro- ~erty as well as a cement mixer truck, the purpose of which is to pro- teot his right to again pour cement at that location. County Manager Dorrill suggested the Board of County Commissioners m~ght want to direct staff to investigate the possibilities of working out a resolution for protecting Mr. Shepard's rights while having him voluntarily remove and clean up the site of the old batch Page 25 April 14, 1992 I~ai~lo~wr Sh~nah~n ~oved, ~econded b~ Co~tsstoner H~e and carrlH~~l~, to clo~e the ~b~tc he.ring. C~mimi~a~q~ ~{~mnah~n moved, seconded by Co-missioner Hasee and ~tg~s~tmou~lI, to ipprov~ WUO-92-1, thereby adopttno Resolution ~-l{l, ~{~ile mki~ Nr. Shepard to clean up the site, ss r~lu. ted. Page 26 .Ztm#14 BO~LR~ O~ ~ CO~B~ZSSIOR~RS' C~ICA?ZORS April 14, ~992 Commissioner Shanahan relayed a request by residents in the area of the East Naples Park for the Parks and Recreation Department to build a bridge across the swale to enable them access to the park with greater ease. Consansus waa to direct staff to investigate the matter and bring back further information for consideration by the Board of County Co,missioners. Commissioner Goodntght requested that the second public hearing scheduled on May 6th be reschedu~ed to another night due to her being out of tow~ at that time. Commissioner Volpe suggested he and staff will review the matter and make a determination regarding rescheduling of the meeting. County Attorney Cuyle~ announced redtst~lctlng was a~pvoved by the Department of Just/ce. Re~ardtn~ Item ~6F1, County Manager Dorr~l] reported there was a t~ra~htcal error which should be corrected to reflect the admt- nts~rattve fee for the EMS impact fees for the Cl~y of Everglades eh~ld ~ 2.79~. Co~tsstoner Volge suggested, as part of staff's direction, that the C~ty's property at Airport Road and Orange Blossom Road ~rrent~y ~ng u~ed by Animal Control be reevaluated regarding utili- zation of the property w~th consideration being given to relocating ~1 Control to some other more approprSate area of the County. He ~ggested that a ~tter use of the property would be to use it as part of ~ ac~tsttlon program to acquire additional properties for beach access or ~arks. ~1~~t~1y, 91-110, ':C * · .ILIdgB~ S A ST- ZN THE JJ,IOUWT OF $2,500 April 14, 1992 See Pages *~IIT ~ FOR PJLRC~L 124 &ND C01qV~Y&RC~ FOR ACQUISITION OF ~IG~T-4~F-M&? TO ~ FOU~-LA~ I)~R~ UPON R&DIO ROAD ~UB3~'TTO ~f/I~FL&TIORS AS CONTAIHD IN 2 ~C'U'I'I~ SU]~kRY Xtn #1~B2 See Pages T$10 Zk~$11$rf ~ ltl~Ef-O~-41~? TO COF~TR~CT FOOR-Ut]I~ I~~ OPON I)~OTdkLEE ROJLD FO~ I~&~C~LS 138 ~ 139 ~UB,TECT TO STIPUL&TIORS AS CORT&III~D IN %tm I~1~! m~md to Item BI~ ~10~2 F~ I~I$OL PICNIC T~LBr. ZS IN /~ JU~OD~qT OF $8,$70 ~ TO ~ P&I~ & Ztm#lGDl CI~)I~I~I~I~IlO. I (lrINLT,) TO T~/ CONSTRUCTION CO)ITR~CT &~T&~M~I~'T~O~ CO~Jk~Y, INC. FOR TR~ II~O~kL~ RO&D EJ~T ~IG~,~T~E TRAirBI~SSlOR F&CILITIES CO]ITR&CT ltem#16D2 See Pa~es (FIN&L) TO THE CONSTRUCTION COIITR~CT STJkI~ CONSTRUCTION COI~RY, INC. FOR TEE C.R. 951 ~ISSION FACILITIES CONTRACT See Pages JM~I~M~ITTO~~31T~THE 3OARDOFCOU]ITYCOI~SSIONEI~ ~ PROVIDING FOR UTILIZITIO! OF TI]~ COLLIER Page 28 73 14, 1992 See Pages TMO IBTE:RLOCAL AGREEMENTS WITH THE CITY OF RAPLES &ND EVERGL&DE$ CITY FOR TH~ COTJ~FJL'FION OF EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES WITH THI R~.SPECTIFK MUNICIPALITIES BID ~910170S FOR & RADIO MAIHTENARCE AND REPAIR AWARDED TO MOTOROLA, 11~. ~ ~ ~ OF $7,4fl2 Item ~/~1 ~'APPRAX~LL&~MBSST WITH COASTAL ENGINEERING CONSULTANTS, INC. FOR RELATED TO THE PROPOSED PI]RCHASE OF VACANT LANDS IN TO~SISH/P 26, TO ALLOW FOR FUTUP.~ EXI~ANSION OF THK EXISTING [~:Ol~:l~ Y~:)C&I~D IH SECYION 25, TOWRSHIP 49 SOITI~, RARGE 26 EAST FOR POE~I~T~ T~JIDIrIT~, ~qEPJLNSION TO BE FURZE9 IH AN AMOONY HOT TO EXCEED ~40,OOO &ltD CLOSING COSTS NOT TO ~I:CEED $¢00 See Pages -3 0/-- /o Item #16N! STIIR2L&TED FILIAL ~ ~TI~ TO ~~ ACQUISITION 0N P~CKL ~ ~ ~ 95.1 IN ~ PI~ RI~E I~US~I~ P~ M.S.T.U. Item el~J ~I/~L~I~J~ COrReSPONDENCE - FILED MID/OR REFEAIR~D The following miscellaneous correspondence was filed as presented by the Board of County Commissioners. Page 29 April 14, 1992 ~TI~I~O~ OF LI~ FOR SERVICES Ol TI~ PUBLIC DEFENDer U~ ~ ~O~]~I~T~D TRUST FUI~DS TO PROCUI~ TECHNICAL EQUII~NT TO BE ~ FO~t ~ I]~TIGATIONS BY THE SI~ZRIF~S OFFICE - IN THE A/~OUITT OF $11,100 Ite~ ~I~K~ - Deleted. ~TI~F~'TION OF LI~ ~ R~aARDIN{; AB~TEl~rlrr OF NUISANCE Ite~ #16L1 ~ TO TI~ 1981 RESERVED PARKING AGREEHENT FOR SURF CLUB AT ~tltCO I~M~D ~ING PHASE TWO OF THE PROJECT There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 6:15 P.M. '~ ~- .-' .',',~:3> '.-~ ATT~;ST: ' .~ 7-/.' : ' ' =~ :c..a~s,. c~ >., ' ' '.;.,[2.." ,:: . ' ~$~.~tn~ke~ app?oved by the Board on a~ pr~n~ed '' /~ or as corrected BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL Page 30