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BCC Minutes 10/18/1994 RNaples, Florida, October 18, 1994 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Timothy J. Constantine VICE-CHAIRMAN: Bettye J. Matthews John C. Norris Michael J. Volpe Burr L. Saunders ALSO PRESENT: Marilyn Fernley, Ellte Hoffman and Sue Barbiretti, Deputy Clerks; Neil Dotrill, County Manager; Bill Hargett, Assistant County Manager; Ken Cuyler, County Attorney; David Weigel, David Bryant and Heidi Ashton, Assistant County Attorneys; Mike Smykowski, Acting Budget Director; Bryan Milk, Planner; Tom Olliff, Public Services Administrator; Wayne Arnold, Acting Site Development Review Director; Robert Mulhere, Acting Current Planning Manager; Tom Conrecode, Office of Capital Projects Management Director; Mike McNees, Acting Utilities Administrator; John Boldt, Water Management Director; Deputy Paul Canady, Collier County Sheriff's Office; and Sue Filson, Administrative Assistant to the Board. Page 1 '[ape #1 Item #2 AGENDA - APPROVED WITH CHANGES October 18, 1994 Commissioner Matthews moved, seconded by Commissioner Norris and carried unanimously, to approve the agenda with the changes as detailed on the Agenda Change Sheet, and the following additional item: 1. Item #8A3 - Dedication of the Water Service of Market Place at Pelican Bay, shown on Agenda Change Sheet as add on Item #lOG. Page 2 October 18, 1994 (78) Item #2A CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES The motion for approval of the consent agenda is noted under Item #16. (as) Item #4A1 PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 17-21, 1994 AS IMMUNIZE FOR HEALTHY LIVES BLUE RIBBON WEEK - ADOPTED Upon reading of the Proclamation, Commissioner Mat#hews moved, seconded by Commissioner Volpe and carried unanimously, that the Proclamation designating the week of October 17-21, 1994 as Immunize for Healthy Lives Blue Ribbon Week be adopted. Proclamation accepted by Cindy Whetsell, RN, Immunization Coordinator at the Collier County Public Health Unit. 10 Page 3 October 18, 1994 (298) Item #4A2 PROCLAHATION DESIGNATING THE HEEK OF OCTOBER 17-22, 1994 AS HISPANIC HERITAGE WEEK IN COLLIER COUNTY - ADOPTED Upon reading of the Proclamation, Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously, that the Proclamation designating the week of October 17-22, 1994 as Hispanic Heritage Week in Collier County be adopted. Proclamation accepted by Yvette Saco, Assistant Vice President of Barnett Bank and President Elect of the Latin American Business and Professional Association. Page 4 October 18, 1994 (4~o) Item #4A3 PROCLAMATION DESIGNATING SATURDAY, OCTOBER 22, 1994 AS COLLIER COUNTY PEPPER BUSTER DAY - ADOPTED Upon reading of the Proclamation, Commissioner Volpe moved, seconded by Commissioner Norris and carried unanimously, that the Proclamation designating Saturday, October 22, 1994 as Collier County Pepper Buster Day be adopted. Proclamation accepted by Liz Langston, Environmental Specialist, Rookery Bay National Estuarine Research Reserve. Page 5 October 18, 1994 (553) Item #481 RECOGNITION OF JOHN D'AMICO, ADMINISTRATIVE SERVICES DIVISION, AS EMPLOYEE OF THE MONTH FOR OCTOBER 1994 - RECOGNIZED Commissioner Constantine congratulated and recognized John D'Amico, Administrative Services Division, as employee of the month for October 1994. Mr. D'Amico was presented with a plaque and a check in the amount of $50.00. (620) Item #4B2 EI~PLOYEE SERVICE AWARDS - PRESENTED Commissioner Saunders congratulated the following employees for their service with Collier County Government: Irving Baez - 5 Years, Road and Bridge Presented Dale Bergenback - 5 Years, Road and Bridge Presented (645) Item #4C PRESENTATION BY THE TAX COLLECTOR - BOARD PRESENTED CHECK IN THE AMOUNT OF $2.1 MILLION Guy Carlton, Tax Collector, presente~ a check in the amount of $2.1 million to the Board of County CoL;mis:-~ioners. (699) Item #5 BUDGET AMENDMENTS 94-717/722 AND 94-725/726 - ADOPTED Acting Budget Director Mike Smykowski requested adopt]on of eight (8) routine Budget Amendments as shown in the Executive Summary. Commissioner Matthews moved, seconded by Commissioner Volpe and carried unanimously, that Budget Amendments 94-717/722 and 94-725/726 be adopted. (720) Item #6 CLERK'S REPORT - NO ACTION TAKEN (723) Item #7A PATRICK H. NEALE REPRESENTING MARCO LAKE DRIVE/LAKEFRONT COMMERCIAL CONDOMINIUM/LE REFUGE RESTAURANT REGARDING PARKING - STAFF TO PRESENT PARKING SOLUTION ALTERNATIVES IN 60 DAYS; BUILDING PERMIT AND ZONING CERTIFICATE TO BE ISSUED October 18, 1994 Patrick H. Neale, Attorney at Law, stated that the purpose of this public petition is to request Board direction to Staff to issue a zoning certificate and building permit for construction of a restaurant at units owned by his client, Pierre St. Denis, at the Lakefront Commercial Condominium. He indicated that the problem con- cerning Staff is the overall parking situation on Marco Lake Drive. Mr. Neale explained that the Lakefront Commercial Condominium is located in the Marco Highlands Subdivision which was recorded in 1957 and the Lakefront Commercial Condominium was developed by the deve- loper of Marco Highlands in 1972 with the condomintum documents recorded on January 12, 1973. Mr. Neale mentioned that a lease was executed for parking across the street prior to the recordation of the condominium documents and was part of the required parking for the condominium complex. Mr. Neale stated that the original parking was granted as parallel parking but for the past 21 years people have parked head in which means half of the parking ]s on the County right-of-way. He pointed out that the parking lease was challenged but was deemed valid by Collier County Circuit Court in 1990. Mr. Neale indicated that parking became an issue when his client requested a building permit to construct an 80 seat restaurant which would require 40 parking spaces which are under Lakefront Commercial Condominium control. He stated that a conflict resulted because use of the parking has been granted at least three (3) other times to businesses without Lakefront Commercial Condomintum consent and was previously represented to County Staff as being under control of other land owners. Mr. Neale stated that the second request is that the Board direct Staff to begin evaluating the overall process of creating a parking area or district in the Marco Lake Drive area to permit traditionally uses to go forward. He pointed out that his client is willing to cooperate in the effort to assure that everyone has the ability to operate their businesses and function while he retains his rights to Page 7 October 18, 1994 the use of the parking for his business. Mr. Neale indicated that if a parking district is created where the approved parking spaces currently exist, Lakefront Commercial Condominium will be providing better accommodations. Commissioner Saunders pointed out that Staff is in agreement with the petition and questioned if an evaluation has been performed? Bob Mulhere, Acting Current Planning Manager, stated that Staff evaluated time petitioner's request but have not formulated the best methodology to legitimize the parking. He pointed out that options include creating a Central Parking District, leasing or through a right-of-way permit, allowing parking within the right-of-way. Mr. Mulhere indicated that currently no striping, parking curbs or landscaping exist in the subject area and recommended pedestrian crossing markings also. He mentioned that Lakefront Commercial Condominium has the right to the parking but agree to utilize the ten foot (10') strip which was designed as parallel parking as landscaping and the County would make improvements to the right-of-way to be uti- lized for parking, thereby allowing everyone to utilize the 65 to 70 parking spaces that would be created rather than having only the authorized 25 parallel spaces. Mr. Mulhere stated that Staff can come back to the Board with an agreement amongst all of the property owners on how the parking will be created, improved and maintained and Staff would then not have a problem with approving the zoning certificate at this time. Commissioner Norris stated that the subject parking area is located behind the building and is not a heavily traveled street; the only people utilizing the road will be patrons of the complex. Mr. Mulhere explained that one (1) existing restaurant utilizes the parking and some distribution of use~ that will not exceed the provided parking will be required because of the proposed second restaurant; If more restaurants are planned for the complex, suf- ficient parking will not exist. He indicated that the problem can be addressed by document relative to hours of operation and/or a mix of Page 8 October 18, 1994 uses. In response to Commissioner Saunders, Mr. Mulhere informed that Staff will need 60 to 90 days to formalize plans for the parking remedy, especially if a parking district is created. In response to Commissioner Constantine, Mr. Mulhere indicated that Staff is comfortable that Mr. Neale's request can be met except Staff will need to ascertain what the other uses in the building are in order to establish parking requirements. Mr. Neale pointed out that his client owns 75 percent of the units in the building and is willing to change the condominium rules to require any other uses other than the restaurants to terminate at 5:00 P.M. In response to Commissioner Volpe, Mr. Mulhere explained that the ten foot (10') strip is under a 99 year lease to Lakefront Commercial Condomtnium and the County's involvement is in the 60 foot wide right-of-way which is where the head in parking is occurring. Commissioner Saunders moved, seconded by Commissioner Matthews, that Staff expeditiously evaluate and formulate a solution to the parking issue and present those findings to the Board within 60 days. Mr. Neale requested that Staff also be directed to issue the zoning certificate to allow his client to proceed with construction of the restaurant. Commissioner Saunders amended his motion to include that Staff issue the building permit and zoning certificate. County Attorney Cuyler stated that Mr. Nea]e acknowledges that if the parking issue is not remedied, the Certificate of Occupancy will not be issued. Mr. Neale indicated that that is not his understanding because his client has a legal right to 40 available spaces. Mr. Cuyler pointed out that he has no problem as long as only the 40 parking spaces are needed. Commissioner Saunders explained that in making the motion it was his understanding that adequate parking for the use intended existed Page 9 October 18, 1994 and Mr. Neale will have to address the problem if that is not true. Commissioner Matthews amended the second. Upon call for the question, the motion carried unanimously. (1257) Item #7B TYLER DAY, PRESIDENT OF THE MONTEREY CLUB, REGARDING MEDIAN CONSTRUCTION ON GOODLETTE-FRANK ROAD - STAFF TO EXPEDITE PERMITTING FOR VANDERBILT BEACH ROAD FROM U.S. 41 TO GOODLETTE-FRANK ROAD AND A PUBLIC HEARING IS TO BE HELD ON NOVEMBER 1, 1994 Tyler Day, a resident of the Villages of Monterey, stated that the purpose of this petition is to request that a public hearing be held for reconsideration of the Board decision to construct a median on Goodlette-Frank Road at the North Carlca Road intersection. He indicated that the Board's decision on September 27, 1994 was an Issue of major public concern and the public in general was not aware that a decision was going to be made. Mr. Day mentioned that he had not realized until he started a petition how many residents were opposed to the median and who feel that the median will adversely affect the public at large. He explained that an opportunity is needed for the public to bring all aspects of the issue before the Board. Mr. Day stated that the petition is on behalf of the North Naples Citizens Traffic Group which consists of residents from North Naples communities who oppose the median and members include residents from within the community of Pine Ridge. Mr. Day explained that the main concern in opposing the median is safety because drivers are forced to execute u-turns on Goodlette- Frank Road, emergency services ingress and egress is impeded and for- ces those services to execute dangerous turns, traffic will pile-up south of Center Street where no left turfi lane exists on Goodlette-Frank Road and creates a potentially dangerous obstacle on a narrow road. Mr. Day stated that the median is a breach of the 1981 contract with the original developers of Goodlette-Frank Road, now represented by Monterey, the Crossings and Emerald Lakes, to provide westerly Page lO October 18, 1994 access on existing roads. Mr. Day indicated that restriction of access will result with installation of the median to residents on both the east and west side of U.S. 41 as well as the residents within Pine Ridge. Mr. Day stated that adverse traffic redtrection will result with the restriction of access to North Car/ca Road because of the increase in traffic on other roads within Pine Ridge that are less capable of coping. Mr. Day indicated that the denial of use of public roads is pre- judicial and discriminatory when applied to one community that is influential and den]ed to others with more realistic safety needs. He stated that the communities bordering on Granada Boulevard, Solana Road and Ohio Road have a greater need for restriction of traffic if this were a County policy. Mr. Day explained that construction of the median is misuse of taxpayer money because it incurs both capital expenditures at approxi- mately $11,500 and future unbudgeted maintenance expenses. Mr. Day mentioned that an independent Lee County traffic con- sultant reviewed the traffic situation tn 1993 and found that both Hickory Road and Cartca Road are capable of handling traffic well in excess of 5,000 vehic]es per day and road improvements have occurred since then. He stated that traffic is being channels to Hickory Road from within Pine Ridge due to the barricades constructed and pointed out that Hickory Road, Carlca Road, Ridge Street and Center Street are as wide or wider than other more heavily traveled roads outside of Pine Ridge. Mr. Day stated that Pine Ridge is not small and compact but runs approximately three (3) miles north to south and to isolate this com- munity would be impractical and contrary to public policy. Mr. Day indicated that since the roads in Pine Ridge were opened to cut through traff{c ]n 1993, no accidents have been reported on the less than one (1) mile long section of Hickory Road and North Carlca Road. He explained that the Hickory Road design ts exceptional for Page 11 October 18, 1994 the width of the road, homes mostly on one (1} side, a footpath and bicycle path stretching the whole length of the road with a berm approximately 20 feet wide separating the path from the road. Mr. Day stated that alleged speeding problems cannot be solved by imposing an obvious and greater safety risk of a median. Mr. Day indicated that neighborhood integrity is important but it is doubtful whether neighborhood integrity is affected by traffic on Hickory Road or on North Carica Road which are peripheral roads on the northern perimeter of the community; however, when the concept of neighborhood integrity is applied to one (1) neighborhood alone, Pine Ridge, but not to others such as Countryside, Foxfire, Moorings, Park Shore, etc. it is unsupportable. Mr. Day stated that community interest is an important factor and it is overwhelming against the median because only approxima- tely 20 households will benefit from construction of the median while the adversely affected are a majority of North Naples residents. Mr. Day concluded that those affected by the threat of traffic safety include the whole motoring public and the recommendation of the Board was made without a consensus of the North Naples and virtually all Pine Ridge residents. He indicated that any attempt to resolve the traffic issue within Pine Ridge should take into account the impact that the barricades at Center Road and South Carlca Road now have on traffic flow within the community as well as the impact of the future change upon the neighborhoods. Commissioner Constantine clarified that the purpose of the peti- tion is to have a public hearing on the traffic issue in Pine Ridge and not the issue of the median itself. The following people spoke on this item: Sally Barker Arnold Dehart Gene PJstery George Keller Richard Graham-Yooll Commissioner Saunders stated that the ultimate solution to the problem is completion of the Vanderbilt Beach Road segment between U.S. 41 and Good]ette-Frank Road but Staff indicated that environmen- Page 12 October 18, 1994 tal permitting will not allow the County to pursue the project in segments but must be addressed as a whole from U.S. 41 to Airport Road. He suggested that Staff approach the permitting agencies and request the environmental permits so that the County can construct the road from U.S. 41 to Goodlette-Frank Road with the understanding that Collier County cannot utilize the fact as justification for obtaining environmental permits for subsequent segments. Transportation Services Administrator Archibald advised that Staff would like to accomplish that request but the Corps of Engineers since 1991 has indicated that they would require the County to show any impacts of the entire development of both Vanderbtlt Beach Road and Goodlette-Frank Road before issuing environmental permits. He suggested that Staff contact the South Florida Water Management District and the Corps of Engineers to ascertain if they wtl] allow special conditions to allow a two lane intermediate road. Mr. Archibald explained that Staff does not recommend proceeding with Just two laning but at the same time Staff will supply the Board with a status report on the negotiations for permits to address how to expe- dite the permitting activity for the entire corridor versus the per- mitttng of Just one segment. Commissioner Saunders moved, seconded by Commissioner Norris and carried unanimously, that Staff take whatever measures are necessary to expedite permitting for Vanderbilt Beach Road from U.S. 41 to Goodlette-Frank Road and to keep the Board informed as to nego- tiations. Commissioner Vo]pe pointed out that the median construction did appear as a regular agenda item and alternatives for solving the issue were presented by Staff with a thorough debate ensuing. He acknowledged that the proposed solutions were probably not available to the Pine Ridge Traffic Committee and recommended that a public hearing be held. Commissioner Norris indicated that the Board did have a public hearing and cannot continue to hear the same Issues multiple times Page 13 October 18, 1994 because it is not conducive to efficient government. Commissioner Matthews indicated that she was under the impress]on the last time the issue was heard that the presentation was a consen- sus of the residents in the area and not simply within Pine Ridge. She explained that all people affected should have an opportunity to present their side and a public hearing should be held. Commissioner Saunders stated that a complete hearing of the issue may not have taken place on September 27, 1994 allowing for as much public input as possible and supports the idea of having a public hearing. Commissioner Matthews recommended that representatives from all groups involved in the issue meet and try to resolve the issue amongst themselves, ]f possible, because it ]s difficult for the Board to make a decision on a solution that everyone will be happy with. Commissioner Volpe moved, seconded by Commissioner Norris and carried unanimously, that a public hearing be held on November 1, 1994. (2729) Item #7C FRED N. THOMAS, JR., EXECUTIVE DIRECTOR OF THE COLLIER COUNTY HOUSING AUTHORITY, REGARDING WAIVER OF DEVELOPMENT AND IMPACT FEES - PREVIOUSLY EXEMPTED FROM IMPACT FEES BY ORDINANCE; DEVELOPMENT FEES WAIVED; STAFF TO IDENTIFY FUNDING SOURCES Attorney George Varnadoe stated that in the advertised agenda this item implies that this is a request for waiver of impact fees but publicly owned residential housing is exempt from impact fees by ordinance. County Attorney Cuy]er acknowledged that discussions have been held with Mr. Varnadoe and the impact fees are waived by previous ordinance. In response to Commissioner Vo]pe, Mr. Varnadoe explained that a waiver is being requested for rezoning fees, Environmental Impact Study fees, Site Development Plan fees, etc. in addition to building permit fees. Fred Thomas, Executive Director of the Collier County Housing Page October 18, 1994 Authority, stated that the Housing Authority is embarking on a $4.9 million project to construct 80 units of farm labor housing on land in Immokalee donated by the Barton Collier Group as part of their Grey Oaks Development of Regional Impact process. Mr. Thomas indicated that private/public partnerships are necessary to receive high ranking grants from the Federal government and the Housing Authority is seeking a little over $3.5 million in grant funds and a $1 million loan for this project. He explained that support has been shown by the private sector with the donation of land and the Authority would like to show public support in order to make the grant application more appropriate for approval. Mr. Thomas stated that the estimated total for the requested waived fees is $38,000. Mr. Thomas indicated that clearance for the project has been received from the Department of Game and Fish but some environmental review is necessary and requested Staff assistance in order not to waste funds on consultant fees. Commissioner Norris moved and seconded by Commissioner Saunders that development fees be waived and Staff assist with the environmen- tal review. Wayne Arnold, Acting Site Development Review Director, stated that the fee waiver request affects the Enterprise funded activity and would not provide the funding necessary to provide the resources for Staff to perform the reviews. He recommended that a transfer be made from another tax fund to pay the development fees. Commissioner Norris amended his motion to include that Staff pro- vide a list of proposed funding sources. Commissioner Saunders amended his second. Upon call for the question, the motion carried unanimously. (3055) Item #TD LOIS WMRNMR REPRESENTING CORVETTES GO MADD REQUESTING A WAIVER OF SPECIAL EVENT PERMIT FEE - WAIVER OF EVENT PERMIT FEE APPROVED AND STAFF TO IDENTIFY FUNDING SOURCES Lois Werner, representing Corvettes Go MADD, stated that on November 6, 1994 an event will be held at Sam's Club parking lot for October 18, 1994 the benefit of Mothers Against Drunk Drivers (MADD) and requested a waiver of the $75.00 special event permit fee for this non-profit organization. Commissioner Constantine stated that the County in the past has assisted with fund raisers by waiving the special event permit fee and finding other funding sources. Bill Hargett, Assistant County Manager, indicated that an alter- nate funding source can be found to pay the fee for the organization. Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously, that the special event permit fee be waived and an alternate funding source be identified by Staff. s$s Recess 10:30 A.M. - Reconvened at 10:50 A.M. at which time Deputy Clerk Hoffman replaced Deputy Clerk Fernley *s* (3130) Item 18A2 RESOLUTION 94-737, RATIFYING AND APPROVING THE EXPENDITURE OF COUNTY FUNDS FOR 1994 COLLIER COUNTY WELL DRILLING SEMINAR AND FINDING AND DECLARING THAT SAID EXPENDITURES ARE AUTHORIZED AS SERVING A VALID PUBLIC PURPOSE - ADOPTED Assistant County Manager Hargett stated that staff recently held a Well Drilling Seminar and refreshments were provided to accommodate the people from out of town. He requested Board approval for expenses incurred in the amount of $61.78. Commissioner Norris moved, seconded by Commissioner Saunders and carried 4/0 (Commissioner Volpe out), to approve the expenditure in the amount of $61.78, thereby, adopting Resolution Commissioner Matthews suggested that there be a token amount included in the authorization for future seminars, to alleviate staff coming to the Board for approval. Acting Community Development Services Administrator Clark stated that the Board may dealre to make a ruling for instances when there a public gathering or [~ublic lr,,lnlng sef~sJon. Commissioner Constantine requested that Mr. HarEerr draft a policy in this regard to be presented to the Board at an upcoming meeting. ,,o.,, I]1]0,,..., 26 Page 16 October 18, 1994 (~274) Ite~ #8A3 DEDICATION OF THE WATER SERVICE OF ~RKET PLACE AT PELICAN BAY - APPROVED SUBJECT TO LEGAL REVIEW BY THE COUNTY ATTORNEY'S OFFICE Acting Site Development Review Director Arnold advised that this item is something that normally would appear on the consent agenda for the acceptance of the water system to serve the Market Place project at Pelican Bay. He revealed that this system is operational and has been inspected by County staff. Commissioner Saunders moved, seconded by Commissioner Norris and carried unanimously, to approve the dedication of the water service of Market Place at Pelican Bay, subject to review by the County Attorney's Office. (3330) Item #8B1 RECOMMENDATION TO CONSIDER THREE DISTRICT BOUNDARIES FOR THE COUNTY BARN ROADSIDE DRAINAGE IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT (MSTU) - APPROVED Transportation Services Administrator Archibald stated that this agenda item relates to creating district boundaries whereby staff would prepare ordinances for future consideration by the Board as part of funding and solving financial problems involved with providing an improved outfall for the County Barn area and include same in the four laning of County Barn Road. He pointed out that staff has prepared a map outlining three specific areas of benefit. Mr. Archibald remarked that staff has identified three district boundaries where there will be benefits and as part of the effort to go through the public hearing and ordinance procedures, he suggested Board review and approval of the boundaries prior to advertising. Mr. Archibald advised that the first district fronts the County Barn Road corridor and extends to the east; the second district extends to the west along the County Barn Road corridor; and the third district is north of Davis Boulevard but does provide benefits as the result of the water having an outfall to the south. Mr. Archibald recommended that an ordinance be created for each Page 17 October 18, 1994 district boundary and that a tax be created and assessed in the future to fund the one million dol]ar project. He exp]ained that the ordi- nances would be created this year and during the budget process for FY 95/96, the Board would review the millage rate to be applied over a one year time frame or up to a five year time frame to allocate the benefit to be derived to those specific districts. Tape #2 In answer to Commissioner Volpe, Mr. Archibald reported that there are different levels of benefit with regard to drainage improvements and it is not appropriate to create one County-wide district but to identify by district boundary a more direct benefit and relate that benefit to an assessment or taxation. He revealed that staff is recommending that the taxation premise be followed and create benefit areas and tax those areas in the future, based upon their ability to pay, benefits derived and in consideration of the capital cost. Commissioner Volpe cited reservations with respect to moving for- ward. He recalled that it has been the policy of the Board, with regard to the creation of MSTU's that it would only be done by accepting those very extraordinary circumstances, based upon a peti- tion, signed by 50% +1 of the people within the proposed area. Mr. Archibald pointed out that studies have been made and a number of parties have approached the Board on a number of occasions requesting these boundaries, noting this does not relinquish the public hearing process. Commissioner Saunders stated that he does not object to approving the recommendation of staff as long as it is understood that there will be adequate notice in addition to the public hearing process. Commissioner Saunders moved, seconded by Commissioner Norris and carried 4/1 (Commissioner Volpe opposed), to approved the recommen- dation of staff. (255) Item #8C1 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS REVIEW THE ANNUAL CONTRACT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND RERABILITATIVE SERVICES (HRS) AHD COLLIER COUNTY AND DETERMINE THE CONTRACT LANGUAGE RE INDEMNIFICATION OF THE COUNTY - CONTRACT APPROVED WITH LANGUAGE RECOMMENDED BY COUNTY ATTORNEY'S OFFICE; ATTORNEY Octobe~ 18, GENERAL'S OPINION TO BE SOUGHT AND IF LANGUAGE IS NOT LEGAL, AGREEMENT TO BE BROUGHT BACK Public Services Administrator Olltff advised that this item is a recommendation for Board review and approval of a contract between the State's Health and Rehabllitative Services Department and Collier County. He reported that annually, the County provides funding for the local Health Department with an agreement that outlines the ser- vices to be provided. He pointed out that the agreement recognizes the amount of funding provided by the State so that the Board and public have an awareness of the total services provided by the Hea]th Department. Mr. Olliff explained that the County's contribution under this contract is $899,200 which is an increase from last year's contract of $42,100. He noted that the increase ts the result of a Tuberculosis Surveillance Program that was approved as part of the program budgeting process. Mr. Olliff stated that in addition to the cash contribution, the County provides office space in Building "H" and in Immokalee. He revealed that the County's contribution has been valued at $610,100 and according to the contract, the total contribution from the County to the Public Health Unit for the coming fiscal year is $1,5OO,000. Mr. Olliff called attention to the Indemnification and hold harmless language which needs to resolved. He noted that the County Attorney's Office Is recommending the proposed language as reflected at the bottom of Page ] and the top of Page 2 of the Executive Summary. He requested Board approval of the contract, with the language as recommended by legal staff. Attorney Eugenfe Rehak, District Legal Counsel for HRS, voiced concerns with regard to the language recommended by the County Attorney's Office. She reported that the second paragraph of the language is problematic, noting that the Department is willing to come forward and pay for its own negligent acts. She stated that the problem is the indemnification issue. Page 19 October 18, 1994 Ms. Rehak announced that the Department of Insurance interprets Section 768.28, Florida Statutes, as prohibiting the Department from indemnifying the County for its negligence. She reported that the statement of coverage from the Department of Insurance states that any type of liability that is assumed by the insurer (HRS) under any contract or agreement will be excluded. Ms. Rehak indicated that she considers the Public Health Unit to be a very worthy effort to be Jointly funded by both the State and the County and suggested that the contract not be delayed. She remarked that at this point, HRS cannot unllatera]]y change the interpretation of the Department of Insurance or seek other insurance. Assistant County Attorney Bryant concurred that he and Ms. Rehak do not agree with the interpretation of Section 17 of FS 768.28. He remarked the language says the County cannot require HRS to indemnify the County for its negligence. He remarked that the County is not asking HRS to indemnify the County for its negligence, but rather that HRS hold the County harmless for HRS' negligence. Mr. Bryant pointed out that the people working for HRS that per- form medical tasks have their own separate sovereign immunity. He noted that the case law is very clear, in that, the agency is who is sued and served for that lawsuit. He revealed if the County provides money to the agency and they are the final arbiter of the decision making, the county is liable. Ms. Rehak cited that she does not disagree with Mr. Bryant, noting that by law, if HRS does perform a negligent act, it will come forward and be responsible for same. She noted that the issue is truly the indemnification. Commissioner Saunders stated that the County Attorney is of the opinion that th~ cor~Ir~,;t wnul,] t,,' l~g~] with th,f however, Ms. R,~hak is sayir~9 h,~r cjient will not sign the contract because in the opinion of the Department, it is not legal. He affirmed there appears to be an impasse. He questioned whether the Public Health Unit would be without funding from the County if the Page 20 October ~8, 3994 County Commission does not sign the contract with the indemnification language. Roger Evans, Public Health Unit Business Manager, advised if the Board elects not to sign the contract, it places the County Finance Department in difficulty with processing any monthly draws to HRS. He reported that the Health Unit would continue to work from Reserves until such time when operations would be no Ionget possible. In answer to Commissioner Constantine, Mr. Evans stated the poten- tial exist that the Department may challenge the issue and attempt to arrive at a negotiated solution. Commissioner Saunders related that he presumes HRS would sign the contract if a request is made for an opinion from the Attorney General with regard to an interpretat]on of the language and the opinion indi- cates the language to be legal, however, if the Attorney General interprets that the language is not legal, the County would not require same. Ms. Rehak remarked that she believes it would take at least 30-45 days before an opinion could be obtained from the Attorney General. Ms. Rehak revealed that she takes the position, based on conver- sations with the insurance company, that the statement of coverage excludes anything to expand the ]]ability by contract. Mr. Bryant pointed out that the Board of County Commissioners has no medical malpractice coverage which is another reason for the addi- tional language from the agency. Commissioner Saunders stated that this issue needs to be resolved and if there is a legal term in the contract, HRS is likely to sign same, however, if the term in the contract is not legal, the County should not require it. He suggested that the pro rata funding be pro- vided for the 45 days it wi]] take for the issue to be resolved. Commissioner Constantine recommended that the Board approve the contract, including the language suggested by the County Attorney's Office, subject to obtaining an opinion from the Attorney General and if it is determined that the language is not legal, the contract would Page 21 October 18, 1994 be amended and brought back to the Board. Commissioner Volpe stated if there is an impasse, the Commission should reduce the amount of the funding otherwise payable to secure the necessary insurance to protect the County's potential liability. Commissioner Saunders moved, to approve the contract with HRS with the deletion of the language in Paragraph two of the executive sum- mary and an additional paragraph be added stating: "MRS and Collier County will petit/on immediately, an opinion from the Attorney General concerning the legality of including the language contained on Page two into the contract; the County to provide pro rata funding in the · interim; and staff to take the necessary steps to adequately protect the County, in the event the language is not permitted to be included. Motion failed for lack of a second. Commissioner Constantine moved, seconded by Commissioner Norris and carried 4/1 (Commissioner maunders opposed) to approve the contract with the language recommended by the County Attorney's Office and that an opinion be sought from the Attorney General; HRS to fund from Reserves in the interim; and if the language is legal, the County iS protected; and if it is determined that the language is not legal, the Board will address the issue of the cost to obtain adequate insurance and the impact on the Health Department. (1403) Item #SH1 SUPPLEMENTAL AGREEMENT TO CONTRACT 94-2176 WITH BETTER ROADS, INC. FOR TRE FROPOSED ADDITIONAL IMPROVEMENTS TO AIRPORT-PULLING ROAD (C.R. AT TEE INTERSECTION WITH PINE RIDGE ROAD (C.R.896) - APPROVED IN THE AMOUNT OF $685,176.63 Office of Capital Projects Management Director Conrecode explained that this item is the second phase of a two phased six lanlng project along Airport Road from Golden Gate Parkway to Pine Ridge Road. He noted that thls l~c]u,],.,~ the intersection improvements from 3/10 mile south of Pine Ridge Road to Cougar Drive. Mr. Conrecode stated that staff is recommending that the Board consider this work as an amendment to the agreement with the contrac- tor who is doing the six Janlag since the work can be substantially Page 22 October 18, 1994 completed prior to the tourist season. He indicated that because of the nature of the bid and the unit pricing provided, the County is receiving an excellent price on this element of the work. Mr. Conrecode requested that the Board take exception to the Purchasing Policy and approve the Supplemental Agreement with Better Roads, Inc. In response to Commissioner Volpe, County Attorney Cuy]er announced that he is comfortable with staff's recommendation, as outlined on Page 2 of the Executive Summary. Commissioner Volpe moved, seconded by Commissioner Norris and · carried 4/0 (Commissioner Saunders out), to approve the Supplemental Agreement to Contract No. 94-2176 with Better Roads, Inc., in accor- dance with staff's recommendation. Page 23 October 18, 1994 (1555) Item #8H2 SUPPLEMENTAL AGREEMENT NO. 1 WITH CH2M HILL FOR ENGINEERING DESIGN SERVICES RELATING TO THE PROPOSED IMPROVEMENT TO PINE RIDGE ROAD, C.R. 896, BETWEEN AIRPORT-PULLING ROAD, C.R. 31 AND LOGAN BLVD. - APPROVED Office of Capital Projects Management Director Conrecode recalled that in April, 1994, staff presented an item to the Board with regard to the design of the six laning of Pine Ridge Road from Airport Road to 1-75. He noted that staff was directed to consider an additional 3/4 mile east to Logan Boulevard and this item represents the Supplemental Agreement with the designers to move forward with that phase of the work. Commissioner Norris moved, seconded by Commissioner Matthews and carried 4/0 (Commissioner Saunders out), to approve the Supplemental Agreement with CH2M Hill, as recommended by staff. Page 24 October 18, 1994 {1see) Item #8~3 AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT WITH HOLE, MONTES & ASSOCIATES, INC. FOR MODIFICATIONS AND IMPROVEMENTS TO THE SOUTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT - APPROVED Office of Capital Projects Management Director Conrecode stated that in February and March, 1994, staff presented the Board with a contract from Ho]e, Montes& Associates, Inc., for the design of al] the work associated with the expansion of the sewer service to the South portion of the County. He indicated that this included reme- dtatlon of the problems at the current South Plant site; consideration of deep well; and consideration of expansion at that site or an alter- nate site. Mr. Conrecode reported that the Board directed staff to proceed with four elements of work which was concluded in August, 1994 and staff is now requesting an amendment to the base contract which provi- des for a number of phases of work: enclose the irrigation pumping facility; convert to the ltquid bleach disinfectant system; address the effluent disposal through deep well injection; and complete an Effluent Master Plan associated with the permitting. In answer to Commissioner Vo]pe, Mr. Conrecode stated that the cost of the work completed to date is $250,000 and the work under con- sideration is $939,000. Commissioner Norris questloned the dollar amount associated with the deep well injection, to which Mr. Conrecede replied approximately $582,000. Commissioner Norris voiced concern with regard to moving forward with deep well injection for effluent. Commissioner Volpe questioned whether the design to expand the North County Wastewater Treatment Plant Includes a deep well injec- tion system. Mr. Tom Taylor of Hole, Montes & Associates, stated that the ongotng construction phase of that work does not include a deep well. He noted that he believes a deep well will be required In the very Page 25 October 18, 1994 near future. Commissioner Matthews related concerns with respect to deep well injection. She indicated that she understood that noise, odor and chlorine problems would be resolved, noting that she has not heard anything that definitively affirms that this has been accomplished. She remarked that the Board told the residents in the area that the plant will not be expanded until those problems have been solved. Mr. Taylor stated that the answers to correct those problems are at hand. He pointed out that the requested contract amendment is the next step to implement the correct]ve actions. He indicated that the deep well is another side issue which has not been in the forefront. He noted that during the summer, staff has had difficulty in disposing of effluent on a daily basis. In response to Commissioner Constantine, Mr. Conrecode explained that the conditional use is required in order to do the change in disinfection and the noise abatement. Commissioner Norris moved, seconded by Commissioner Volpe and carried unanimously, to approve the items requested by staff, with the exception of the deep well injection program; and County Manager Dorrtll directed to bring back alternatives on November 22, 1994. Page 26 October 18, 1994 (2410) Item #9A RESOLUTION 94-738, RE THE BOARD ASSIGNING AND QUIT CLAIMING ITS LIEN RIGHTS FOR WATER AND SEWER SERVICES AGAINST PROPERTY LOCATED AT 60 FOUNTAIN CIRCLE, NAPLES, FLORIDA - ADOPTED County Attorney Cuyler explained that Attorney Robert Hines repre- sents a client who moved into a residential unit that had an existing water bill. He advised that the petitioner has no objection paying the bill, but is requesting an assignment of the lien. Mr. Cuyler stated that he ]s comfortable with the proposed resolu- tion. Assistant County Attorney Ashton reported that the resolution con- tains the following conditions: 1. The Board makes no representation as to the priority lien status as to the Board's authority to assign the lien and as to the validity of the lien itself. 2. The Board will assign and quitclaim its rights, if any. 3. The person who is assigned the lien shall pay for any attor- ney's fees and costs incurred by the County in connection with action to enforce or foreclose the lien. Commissioner Norris moved, seconded by Commissioner Matthews and carried 4/0 (Commissioner Saunders out), that Resolution 94-738 be adopted. Page 27 (2520) Item N~GOTIATED SETTLEMENT BETWEEN THE UNITED STATES OF AMERICA AND COLLIER COUNTY IN THE MATTER OF CASE NO. 93-289-CIV-FTM-24 - ADOPTED Assistant County Attorney Bryant recalled that this item was discussed and approved in concept at the meeting of October 11, 1994 and is being presented at this time for formal approval. Commissioner Norris moved, seconded by Commissioner Volpe and carried 4/0 (Commissioner Saunders out), to approve the negotiated settlement between the United States of America and Collier County in the matter of Case No. 93-289-CIV-FTM-24. (2570) Item #9C DISCUSSION OF ISSUES RELATED TO LOCAL BID PREFERENCES ON PUBLICLY BID PROJECTS - NO DESIRE BY THE BOARD TO PURSUE LOCAL BID PREFERENCES County Attorney Cuy]er explained that the purpose of this item ]s to generate a discussion with regard to whether the Board is interested in a local bid preference. He indicated that the basic concept is to set a percentage and credit a local contractor with that percentage. He advised that Lee County has an ordinance providing for a 3% local bid preference. Commissioner Constantine stated that the current policy indicates if two identical bids are submitted, the preference goes to the local bidder. He remarked that he believes this is more than adequate and it does not make any sense to spend more money. Commissioner Norris concurred. Commissioner Volpe noted that he agrees with Commissioner Constantine's comments. He pointed out that his concern with regard to a 3% local bid preference on a $2 million or $3 million contract is a significant amount of money. Commissioner Saunders stated that he does not disagree with the concept of not wanting to spend more money, but noted that frequently a contractor from out of state will bid on a project, low balling the bid with the intent of immediately beginning the change order process Page 28 October 18, 1994 and immediately preparing a file for litigation purposes. He related if there are good quality local contractors, there will be some reluc- tance to engage in that type of activity. He indicated that the con- cern is whether there is a procedure that may save the County money in the long run by eliminating those types of unforeseen costs. Commissioner Matthews revealed that she prefers a system where businesses that do low balling can be be identified In the pre quali- fication process. Mr. George Keller spoke with regard to this item. The consensus of the Board was not to pursue local bid preferences on publicly bid pro3ects. {3250) Item #10A EXTRA GAIN TIME FOR INMATE NUMBERS 37236 AND 35815 - APPROVED Commissioner Norris moved, seconded by Commissioner Matthews and carried 4/1 (Commissioner Constantine opposed), to authorize extra gain time for Inmate Numbers 37236 and 35815. 74 Page 29 October 18, 1994 (3276) Item Sl0B AMENDED REQUEST FOR EXTRA GAIN TIME FOR INMATE NO. 58258 - DENIED Commissioner Norris moved, seconded by Commissioner Constantine and carried unanimously, to deny the request for Extra Gain Time for Inmate No. 58258. Page 30 October 18, 1994 (3340) Ztem #10C RESOLUTION 94-739 APPOINTING DALAS DISNEY AND ROBERT DUANE TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE - ADOPTED Administrative Assistant to the Board Fflson stated that this item is a request to appoint two members to fi]] the remainder of terms which were vacated by Pamela Mac'Kie and 3oyceanna Rautio. She announced that the Development Services Advisory Committee unanimously recommends the appointments of Da]as D. Disney and Robert L. Duane. Commissioner Matthews moved, seconded by Commissioner Constantine and carried 4/1 (Commissioner Volpe opposed), that Resolution 94-739, appointing Dalas Disney and Robert Duane to the Development Services Advisory Committee be adopted. Page 31 October 18, 1994 (3500) Item #ZOD RESOLUTION 94-740 APPOINTING FREDERICK C. GARTZ TO THE COLLIER COUNTY PLANNING COMMISSION - ADOPTED Commissioner Norris moved, seconded by Commissioner Volpe and carried unanimously, that Resolution 94-740 appointing Frederick C. Gartz to the Collier County Planning Commission be adopted. Page 32 October 18, 1994 (3525) Item #IOE REQUEST FOR BOARD DIRECTION RE THE UTILITIES ISSUES AT BOYNE SOUTH FROSECT - STAFF TO WORK WITH PETITIONER AND REPORT BACK TO THE BCC Attorney Anthony Pires, Jr., representing Boyne USA South, Inc., stated that his client is the owner of a project located east of CR-951 and U.S. 41. In addition, he reported that his client owns the golf course situated in that location and there are 328 platted single family sites. Mr. Pires advised that there are approximately ten homes in the single family area and two other houses are under construction. Tape #3 Mr. Ptres explained that staff's position is that the water, sewer, roadway and drainage facilities have not been fully accepted by the County, however, preliminary acceptance was granted in 1985. Mr. Pires stated that water is provided by a County line along U.S. 41. He noted that a trailer park which ls outside the project is connected to the potable water line. Mr. Pires remarked that the Resolution Trust Corporation (RTC) is currently the owner of 235 of the 328 single family homesites. With regard to the issue of the water/sewer lines, he indicated that there are no meters located at the houses within the Royal Palm Golf Estates project nor the clubhouse, but there are meters at the trailer park. Mr. Pires pointed out that the problem is that the County will not accept the facilities until the water, sewer, roads and drainage are brought up to today's standards. He advlsed that in order to bring the water and sewer lines up to current standards, the approximate cost is $800,000. He explained if the water and sewer lines could be brought up to functionally operational standards and meet leakage, pressure, quality and quantity standards, the cost would be $226,000. Mr. Plres stated that there are various questions as to who owns the lines. He revealed that based upon his review of documentation, it appears that RTC does not own those lines and as a result, since his client is in the process of contracting to buy single family Page 33 October 18, 1994 sites, they would not own those lines. He advised that he is willing to work with the County to ascertain ownership; work on a program to upgrade those lines to the o]}erationa] level for quality, leakage and pressure; and work on conveying those systems to the County for acceptance. Mr. Pjres revealed that the key issue is the dollars involved in making this a better system versus brtnging in a brand new system which would be an expensive proposition. Acting Utilities Administrator McNees reported that staff has been working diligently with Mr. Pires to find a means or mechanism to allow his client to construct and do the things they need to do. He noted that staff has made a number of suggestions relating to what needs to be accomplished. Mr. McNees advised that because of the history, bankruptcy and substandard condition of that water system, Mr. Plres is requesting permission to construct a system that is not to current County stan- dards and convey that system to the County Water Sewer District for ownership and maintenance responsibility. He remarked that any other subdivision or property owner would be required to construct and dedi- cate a system that meets County standards. Mr. McNees stated that the property owners have been advised that staff will work with them to accept portions of the system, deal with certain parts of the property, and whatever is possible to resolve this issue. He pointed out that staff cannot recommend that due to a financial hardship, prior bankruptcy or because the system was constructed in 1976 that a precedent be set by allowing that system to be brought up to a functional standard that does not meet the legal standard. Mr. Pires remarked that the trailer park has meters which are read by the County but the residents do not have meters within Royal Palm Golf Estates. Mr. McN,.,~ Pxpl,ll/i,~d that t|l~r¢~ Js a mechanism ]n p];mct~ for the developer to do whatever is necessary internally. Commissioner Norris mentioned that the other water/sewer rate Page 34 October 18, 1994 payers need to be protected. He reiterated that in order for the system to be accepted, current code requirements must be met, and suggested that Mr. Pires continue to work with staff. Commissioner Saunders remarked if the facilities were built in 1976 and people were connected to that system and receiving service, it appears that the 1976 standards should apply to this development. Mr. McNees replied that the reason the County Water/Sewer DIstrict has never owned this system is because the standards never met the stan- dards in existence. Commissioner Constantine stated that it appears that sufficient information is not available to make a decision and suggested that Attorney Pires continue to work with staff and that this issue be brought back to the Board. It was the consensus of the Commission for staff to continue to work with Mr. Pires and that this item be brought back to the Board. (645) Item UPDATE OR TIlE MOMELESS TEMPORARY MOUSING TASK FORCE - STAFF TO WORK WITE TASK FORCE IN DEVELOPING NEW ORDINANCES Commissioner Norris announced that the purpose of this discussion is to clarify any misconceptions and to advise of what the Homeless Temporary Housing Task Force has been doing. He indicated that the committee has been working for several months on the Issue of dealing with the homeless. Commissioner Norris stated that the committee ts comprised of local business people, service proriders, a member from St. Matthew's House Board of Directors, a representative from the Immokalee Friendship House and two attorneys. Commissioner Norris reported that there is nothing available in the area to accommodate the homeless, resulting in those persons living on the streets or camping on private property. He explained that the key is to be able to provide for the homeless through a mechanism for the Sheriff's Office to offer these people the optlon of being escorted to a location and getting them off the streets and prt- Page 35 October 18, 1994 vate property. Commissioner Norris cited that the Sheriff's Office has had problems with trespassing laws, noting that the property must be posted "No Trespassing" and the property owner must give the Sheriff the authority to remove people from the property. He revealed that this is a very cumbersome process since the offending party can simply walk across the property lines and the entire process is thwarted and has to start over. Commissioner Norris reported that the committee has searched many localities and municipalities across the country to determine what these areas are doing to address the homeless situation. He advised that Orlando is the model for the United States and much knowledge has been acquired from that community. Attorney Patrick Neale stated that he has been working with Commissioner Norris and the committee to attempt to address the home- less situation in Collier County. **s At this time Deputy Clerk Barblrettt replaced Deputy Clerk Hoffman Mr. Neale reported that his group is looking to develop an Ordinance or amend current Ordinances that will allow the County to develop a No Camping Ordinance which will allow the Sheriff's Department to limit the ability of people to stay on private property. He said that his group will review the Open Container Ordinance which will allow the Sheriff's Office to address people who are consumln9 alcoholic beverages in public. He said that the other area that other organizations requested be addressed is the limitation on panhandling. He stated that another stron9 recommendation Is that this needs to be a private organization. He requested that the Committee be allowed to work with the County Attorney's office in drafting ordinances modeled after those that have been found to work elsewhere. Commissioner Constantine remarked that he had recently toured the facility jrl Orlando. H, said ~hat it is an ]mpreMs|ve and comprehen- sive facility. He said that they have an on site school to meet the education needs of homeless children. He said that they provide medi- Page 36 October 18, 1994 cal care and food. He reported that the facility houses as many as 700 people. Commissioner Norris announced that former Sheriff Aubrey Rogers, representing the Sheriff's Office, is in attendance. He said that Mr. Rogers will represent the Sheriff's Office on this committee. He said the Mr. Rogers input would be valuable. Commissioner Norris requested Board authorization to direct the County Attorney's Office to help draft ordinances for Board recommen- dation. He pointed out that without a workable ordinance as a method to remove the homeless from private property there is no reason to pursue this issue. In response to Commissioner Volpe, Commissioner Norris confirmed that the committee will provide a written report for Board con- sideration. Commissioner Constantine announced that it is the consensus of the Board to direct the County Attorney's Office to work with the commit- tee in an effort to develop ordinances. Commissioner Norris thanked the Board and promised to keep them informed. (1287) " Item #1281 ORDINANCE 94-56 RE PETITION PUD-94-2, ALAN D. REYNOLDS, AICP, OF WILSON, MILLER, BARTON AND PEEK, INC., REPRESENTING AJS REALTY GROUP, INC., REQUESTING A REZONE FROM "A", "RMF-12", "C-3" AND "I" TO "PUD" TO BE KNOWN AS WESTPORT COMMERCE CENTER - ADOPTED WITH STIPULATIONS Legal notice having been published in the Naples Daily News on September 22, 1994 and September 29, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Bryan Milk stated that this petition is a request for a rezone from A, RMF-12, C-3 and I to PUD to be known as the Westport Commerce Center. He described the location of the property. He said that the property is 97 acres in size and is currently undeveloped. He said that the petitioner is proposing a mixed use development of commercial, industrial and accommodation for hotel/motel land uses. He explained that the proposed industrial land use district is Page 37 October 18, 1994 approximately 31.5 acres jn size and proposes approximately 4,500 square feet of leasable area for rent. He stated that the commercial district is approximately 25.7 acres and proposes 255,000 square feet of leasable floor area. He said that the accommodations area is approximately 6 acres in size and will provide 150 hotel/motel rooms. He stated that the petitioner will provide 30% open space on site, including a reserve of 16 acres, lakes of 11 acres, right-of-ways of 6 acres and the remainder of the perimeter boundary is buffer, landscaping and fencing in accordance with the Land Development Code. He described the surrounding land uses. He confirmed that the peti- tioner has provided a land use, commercial and traffic study. He said that this criteria meets all the requirements of the Growth Management Plan. He indicated the Collier County Planning Commission unanimously approved this petition. He reported that Staff recommends approval. Commissioner Constantine asked if light industrial use includes the classification of asphalt plants? Alan Reynolds, representing the petitioner, replied that it did not. Commissioner Volpe asked how the land uses listed here compare with the new business park designation that is being considered as an amendment to the Land Development Code? Mr. Milk replied that it was very similar. Commissioner Volpe asked Mr. Milk to address the transportation issues. Commissioner Vo]pe commented that he is having difficulty in determining the differences in many of the uses. Mr. Milk said that the uses are similar. He explained that was done to keep the business park atmosphere. He stated that you will not find retail Referring to the transportation issues, Mr. Milk stated that currently S.R. 84 is a two lane collector roadway operating at Level of Service B. He said that C.R. 951 is a two lane arterial roadway operating at Level of Service D. He said that this project exceeds Page 38 October 18, 1994 the 5~ Level of Service C design capacity but with the improvements currently being planned for S.R. 84 and C.R. 951 the next five years and will operate at Level of Service B or greater. Alan Reynolds of Wilson, Miller, Barton and Peek, Inc., announced that the petitioner has worked very closely with Staff for a long period of time. He said that this project has an opportunity to construct a first class business park/retail center in a mix of uses that work well together. Using a sketch, Mr. Reynolds described how the buildings are planned to be situated. He pointed out that the development sites are amenit]zed. He stated that 88~ of the per]meter of the project is either reserve areas, lakes or roadways that are buffered. Commissioner Norris remarked that there is the potential of putting an automotive repair shop next to resident]a~ property. Mr. Reynolds confirmed that was possible. Commissioner Norris stated that it seems that this is one of the uses that conflicts with residential areas. He asked if the peti- tioner would be willing to delete that use from both the commercial and industrial districts? Mr. Reynolds said that he would suggest deleting it from the industrial district because that is the only place that it would abut common properties. In response to Commissioner Norris, Mr. Reynolds agreed to delete the use from the industrial district. Commissioner Norris remarked that the 1.5 acres on S.R. 84 references only automobile parking. He asked what that usage would be7 Mr. Milk replied that it would allow for two uses; a parking lot for onsite/offsite customer parking. He explained that someone could acquire two lots construct a building on one lot and an adjacent lot could provide parking for ~hat bul]d|ng. Commissioner Norris stated that the industrial district requires a maximum height of 50 feet and commercial district requires 35 feet. Page 39 October 38, 1994 He asked if the petitioner wou]d be willing to limit the maximum height in the industrial district to 35 feet7 Mr. Reynolds suggested a compromise. He stated that a greater restriction on the properties that abut the perimeters. He suggested a 3 to 1 ratio which would allow the 50 feet but would restrict buildings that would be over 35 feet to no closer than 150 feet from the perimeter. He said that is three times what the Land Development Code currently requires. He said that he be]i~ves that would preclude any taller building in proximity to an adjoining use. Commissioner Norris said your reluctance to delete the height requirement gives the indication that there are 50 foot buildings being planned. Mr. Reynolds replied that It a possibi]]ty on some of the sites. He said that if the he]ght is restricted the potential for architec- tural detailing Js eliminated. Commissioner Matthews asked what membership organizations are planned to abut residential properties? Planner Milk replied thai: membership organizations are private clubs such as an Elks Club. He said that hea]th clubs are anticipated in this project. Mr. Milk stated that 8611, which is a membership organization, business associations; Better Business Bureau, Board of Trade, Business Associations, Chambers of Commerce and Contractor's Associations. In response to Commissioner Norris, Mr. Milk confirmed that the use would be other than civic and social. In response to Commissioner Matthews, Mr. Milk indicated that 863~ would be collective bargaining units, labor organizations, labor unions and trade unions. Commissioner Matthews remarked that she has visited labor union establishments where they held partles and social functions. Mr. Milk stated that the concept Js not "bottle clubs" Mr. Reynolds reported that this is not the intent. He said that Page 40 October 18, 1994 the types of uses Mr. Milk referred to are appropriate. Commissioner Matthews also questioned fabricated metal products in the industrial area. Mr. Reynolds stated that the fabricated metal use would entail metal that was manufactured off-site and fabricating it for architec- tural wall systems and metal building application. He said they would all be required to be within closed buildings. He emphasized that explosives would not be allowed. In response to Commissioner Volpe, Mr. Reynolds replied that bet- ween 230,000 to 240,000 square feet of retail/commercial can be acco- mmodated on that site. He said that page 3.] of the PUD Document refers to the total amount of square footage. He pointed out that there is a maximum of 255,000 square feet allowed for the entire pro- ject. In response to Commissioner Volpe, Mr. Reynolds stated that the commercial parcel that was retained along Davis Boulevard has been incorporated into this PUD. He said that parcels were retained to the west at the intersection of Radio Road and Davis Boulevard. He said that none of these parcels are of a size that can accommodate a com- munity shopping center. Commissioner Vo]pe expressed concern regarding a communication tower. He stated that he feels this use is inappropriate in this area. Mr. Reynolds indicated that there are significant restrictions in the Land Development Code as far as the height and allowability. Mr. Milk reported that the Communication Tower Ordinance states that if a tower is developed at 185 feet or below, a site would be required to accommodate two and one half times the tower height away from a residenttally zoned area. He said that ]f the tower is above ]85 feet a conditional use process would be required. Commissioner Volpe remarked that communication towers are for the accommodation of the cellular industry and public safety. He said that has been addressed so he does not see a downside to eliminating Page 4] October 18, 1994 the use. Mr. Reynolds said that he would agree if it were a free standing use. He said that the petitioner would want to retain the ability for businesses to have small communication towers that would facilitate their organization. Mr. Milk stated that in any district there are provisions for roof top mounted towers and antennas. Mr. Reynolds agreed to eliminate it from the PUD. Commissioner Constantine closed the public hearing. Commissioner Norris moved to approve Petition PUD-94-2 with the stipulation to delete automotive repair service and parking from Zone C, Light Industrial District, delete communication tower~ and to limit building heights to 50 feet with a 3 to I ratio setback from residen- tial a~eas. Commissioner Matthews suggested deleting Section 8631. Commissioner Norris agreed to amend his motion. Seconded by Commissioner Saunders. Mr. Reynolds asked for clarification of the motion. He asked if the deletion of the automobile service facilities was from the industrial district and did not include Just the parking use? Commissioner Norris answered in the affirmative. He explained that the parking would be as described by Mr. Milk discussed which will be purely on a separate parcel for the use of a building. Upon call for the question, the motion carried unanimously, thereby adopting Ordinance No. 94-56 and entered into Ordinance Book No. 68. (2853) Item #14 POPULATION PATTERN ANALYSIS - TO BE ADDRESSED AS AGENDA ITEM AT BCC MEETINO Commissioner Vo/pe stated that he recently spoke to Mary Morgan, Supervisor of Elections. He said that she indicated that she has seen growth in various commission districts. He said that there is an opportunity every two years to re-evaluate the existing districts Page 42 October 18, 1994 lines. He stated that Ms. Morgan has indicated that she would like the Board to consider the process of re-evaluating population pat- terns. Administrative Assistant to the Board Filson stated that this will be discussed at an upcoming Board of County Commissioners meeting. Commissioner Constantine stated that it may be possible to get the School Board districts and Commission districts identical. mmm Commissioner Matthews moved, seconded by Commissioner Norris and carried unanimously that the following items under the consent agenda be approved and/or adopted. ee. Item #16A1 RESOLUTION 94-735 GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN HORR'S ISLAND, A/K/A KEY MARCO, AND ACCEPTING THE CONSTRUCTION AND MAINTENANCE AGREE1~ENT FOR COMITY DEVELOPMENT DISTRICTS FROM THE DEVELOPER FOR MAINTENANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR A MINIMUM OF ONE YEAR Item 816A2 See Pages__~ · ACCEPTANCE OF WATER FACILITIES FOR HORR'S ISLAND, A/K/A KEY MARCO - · WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY Item #16B1 SITE SPECIFIC ROAD IMPACT FEE CALCULATION IN THE AMOUNT OF $13,585 FOR THE REDLANDS CHRISTIAN MIGRANT ASSOCIATION WITH RESPECT TO BUILDING PERMIT N0.94-2943 Item #16C1 AGREEMENT FOR THE 1994-95 FUNDING CONTRIBUTION TO COLLIER AIDS RESEARCH AND EDUCATIONAL SERVICES, INC. (CARES} IN THE NOT TO EXCEED AMOUNT OF 85,000 See Pages- i#. t Item #16C2 AGREEMENT FOR THE 1994-95 FUNDING CONTRIBUTION TO THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. IN THE NOT TO EXCEED AMOUNT OF 8710,400 Item 816C3 AGREEMENT FOR THE 1994-95 FUNDING CONTRIBUTION TO PROJECT HELP, INC. IN THE NOT TO EXCEED AMOUNT OF $5,000 rJ(]O-., 90 Page 4 3 October 18, 1994 Item 116C4 AGREEMENT FOR THE 1994-95 FUNDING CONTRIBUTION TO ST. MATTHEW'S HOUSE IN THE NOT TO EXCEED AMOUNT OF $5,000 tl,4' Item #16C5 AGREEMENT FOR 1994-95 FUNDING CONTRIBUTION TO TOTAL EMPLOYMENT ASSISTANCE MANAGEMENT (TEAM) IN THE NOT TO EXCEED AMOUNT OF $5,000 Item #16C6 AGREEMENT FOR 1994-95 FUNDING CONTRIBUTION TO THE TRAINING AND EDUCATIONAL CENTER FOR THE HANDICAPPED (TECH) IN THE NOT TO EXCEED AMOUNT OF $5,000 Pag -s let* -t t Item #16C7 AGREEMENT FOR 1994-95 FUNDING CONTRIBUTION TO HOSPICE OF NAPLES, INC. IN THE NOT TO EXCEED AMOUNT OF $5,000 Item #16C8 AGREEMENT FOR 1994-95 FUNDING CONTRIBUTION TO SHELTER FOR ABUSED WOMEN OF COLLIER COUNTY, INC. IN THE NOT TO EXCEED AMOUNT OF 85,000 Item #16C9 AGREMNT FOR 1994-95 FUNDING CONTRIBUTION TO TRI-COU]TTY SENIOR SERVICES AND AUTHORIZE THE CHAIRMAN TO SIGN THE MATCHING COMMITMENT DOCUMENTATION FOR THE APPROVED $5,000 COUNTY CONTRIBUTION Item 816C10 AGREEMENT FOR THE 1994-95 FUNDING CONTRIBUTION TO COLLIER SOIL AND WATER CONSERVATION DISTRICT IN THE NOT TO EXCEED AMOUNT OF $17,300 Item #16Cll AGRE!~F34T FOR THE 1994-95 FUNDING CONTRIBUTION TO IMMOKALEE FRIENDSHIP HOUSE, INC. IN THE NOT TO EXCEED AMOUNT OF 85,000 Item #1~C12 ,o, rICO,,.., 9i Page 44 October 18, 1994 ACCEPTANCE OF THE ANNUAL REPORT SUBMITTED BY COUNTY FORESTER, MR. CHRIS ANDERSON See Pages Not received in Clerk to Board Office as of 2/6/95 Item #16C13 CARRY FORWARD BUDGET AMENDMEIIT FOR RESTORATION OF THE HISTORIC EVERGLADES CITY LAUNDRY BUILDING IN THE AMOUNT OF $44,501 Item #16D1 CLAIM OF LIEN FOR THE ENFORCEMENT OF THE NOTICE TO CONNECT TO COLLIER COUNTY SEWER FACILITIES AND NOTICE OF IMPACT FEE STATEMENT FOR THE EAST AND SOUTH NAPLES SANITARY SEWER PROJECT Item #16D2 BUDGET AMENDMENTS TO RECORD TRANSFER OF STATE REVOLVING LOAN PROCEEDS FROM COUNTY WATER-SEWER DEBT SERVICE FUND TO COUNTY SEWER CAPITAL FUND Item #16F1 RESOLUTION 94-736 AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING EMERGENCY MANAGEMENT PROGRAM ENHANCEMENTS See Pages Item #16G1 GRANT AGREEMENTS FOR SOLID WASTE RECYCLING AND EDUCATION IN THE AMOUNT OF $278,676 AND WASTE TIRE SOLID WASTE IN THE AMOUNT OF $132,673 See Pages Not received in Clerk to Board Office as of 2/6/95 Item #16H1 BID 194-2261 AWARDED TO CURRY CONTROLS, INC. IN THE AMOUNT OF $238,099 FOR lIPGRADES TO THE EXISTING TELEMETRY SYSTEM FOR THE WELLFIELD CONTROL TO ALLOW BOTH WATER TREATMENT PLANTS ACCESS AND TO BETTER CONTROL FLOWS TO BOTH FACILITIES AND REDUCE WEAR ON THE WELLS AND BOOSTER STATION Item W16H2 - Deleted 'Item #16H3 - Deleted Item 816H4 - EASEIiENT AGREEMI~NT FOR ACCEPTANCE AND CONVEYANCE OF RIGHT-OF-WAY LAND INTERESTS NECESSARY FOR FOUR-LANING IMPROVEMENTS TO BONITA BEACH ROAD EXPANSION, OffiCE OF CAPITAL PROJECTS MANAGEMENT PROJECT NO. 60021, PARCEL 29, IN THE AMOUNT OF $52,800 PLUS RECORDING COSTS See Pages Not received in Clerk to Board Office as of 2/6/95 Item #16H5 ,oo OOO:,':'- 92 Page 45 October 18, 1994 REAPFROPRIATION OF TOURIST DEVELOPMENT TAX FUNDING FOR THE GULFCOAST BOWLING COUNCIL, INC. AND THE COLLIER COUNTY TOURISM COMMITTEE FOR FISCAL YEAR 1995 IN THE AMOUNT OF $39,500 AND $251,900, RESPECTIVELY Item e16H6 - Deleted Item #16H7 BUDGET AMENDMENTS RECOGNIZING PROJECTED CARRY FORWARD FOR THE CLAM PASS PARK PROJECTS IN THE AMOUNT OF $554,500 Item #16H8 FINAL JUDGMENT FOR ADDITIONAL COMPENSATION TO THE OWNER OF PARCELS 118 AND T-231, RADIO ROAD PHASE I IN THE AMOUNT OF $52,205 WITH DISBURSEMENT OF FUNDS TO THE COURT REGISTRY ON OR BEFORE OCTOBER 25, 1994 Item #16H9 BUDGET AMENDMENTS RECOGNIZING PROJECTED CARRY FORWARD FOR PROJECTS IN FUND 345, FUND 361, FUND 367 AND FUND 368 IN THE TOTAL AMOUNT OF $601,201 Item #16HlO CONSTRUCTION AGREEMENT WITH BEAR'S PAW COUNTRY CLUB, INC. FOR ACCESS IMPROVB~[M3TTS CONCURRENTLY WITH PENDING GOLDEN GATE PARKWAY SIX LANDING IMPROVEMENTS, BETWEEN GOODLETTE-FRANK ROAD AND C.R. 31, ClE NO. 05 Item e16J MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was filed and/or referred as presented by the Board of County Commissioners: Page 46 October 18, 1994 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 1:45 P.M. ATTEST:"' ~' ,- · DWIGHT E. BROCK~"CLERK Th~se minutes approved by the Board on as presented.. ~""" BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL STRICTS UNDER ITS CONT T , CHAIRMAN or as corrected Page 47