BCC Minutes 09/27/1994 RNaples, Florida, September 27, 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 REGULtR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Timothy J. Constantine
VICE-CHAIRMAN: Betrye J. Matthews
John C. Norris
Michael J. Volpe
Burr L. Saunders
ALSO PRESENT: Martlyn Fernley, Ellie Hoffman and Sue Barbirettt,
Deputy Clerks; Nell Dorrtll, County Manager; Ken Cuyler, County
Attorney; David Weigel and Marjorie Student, Assistant County
Attorneys; George Archibald, Transportation Services Administrator;
Stan Litsinger, Growth Management Chief; Mike Smykowski, Acting Budget
Director; Sam Saadeh, Ron Ntno and Ray Bellows, Planners; Bill Lorenz,
Environmental Services Administrator; Tom Olllff, Public Services
Administrator; John Drury, Airport Authority Executive Director; Tim
Clem~ns, Wastewater Director; Dennis Huff, Collier County Sheriff's
Office; and Sue Filson, Administrative Assistant to the Board.
Page 1
September 17, 1994
Tape #1
(32)
Item #2
AGENDA - APPROVED WITH CHAMGES
Commissioner Norris moved, seconded by Commissioner Volpe and
carried unanimously, to approve the agenda with the changes as
detailed on the Agenda Change Sheet, and the following additional
items:
1.
Item #14A Added - Ftshermen's Association regarding a resolu-
tion passed by Pasco County
Item #14B Added - Update on the Glades utilities issue·
Item #8G1 - Recommendation to enter into negotiation with
Waste Management pursuant to RFP #94-2227 for landfill opera-
tions and site opttmtzation continued to meeting of
October 4, 1994.
Item #16K3 - Regarding lease agreement between James R. Noe
and Collier County to continue the operation of a maintenance
garage and fueling facility moved to Item #11A.
Item #16C2 - Regarding authorization for the Parks and
Recreation Department to pursue a design contract to
construct athletic facilities at certain middle school sites
moved to Item #8C1
Page 2
September 2V, 1994
(200)
Item #2A
CONSENT AGFaiDA - APPROVED AND/OR ADOPTED WITH CHANGES
The motion for approval of the consent agenda ts noted under
Item #16.
(201)
Item #2B
APPROVAL O~ CLERK tS REPORT - NO ACTION TAKEN
(21v)
Item #4A1
PROCLAMATION DESIGNATING THURSDAY, SEPTEMBER 29, 1994 AS LAW
ENFORCEMENT APPRECIATION DAY - ADOPTED
Upon reading of the Proclamation, Commissioner Constantine moved,
seconded by Commissioner Norris and carried unanimously, that the
Proclamation designating Thursday, September 29, 1994 as Law
Enforcement Appreciation Day be adopted.
Assistant State Attorney Jerry Brock accepted the Proclamation.
Page 3
September 2~, 1994
(287)
Item #4A2
PROCLAMATION DESIGNATING TUESDAY, SEPTEMBER 27, 1994 AS TRUE HEROES
DAY IN COLLIER COUNTY - ADOPTED
Upon reading of the Proclamation, Commissioner Matthews moved,
seconded by Commissioner Volpe and carried unanimously, that the
Proclamation designating Tuesday, September 27, 1994 as True Heroes
Day in Collier County be adopted.
Dr. Lee Bush, Vice President of the Juvenile Justice Council,
accepted the Proclamation.
Page 4
(4~¢)
Item #4B
EMPLOYZl SERVICE AWARD - NOT PRESENT
September 27, 1994
Commissioner Norris congratulated the following employee for
service with Collier County Government:
Gracilla Galvan - 5 Years, Courts and Related Not Present
(474)
Item #5
BUDGET AKENDMB1rTS 94-639 AND 94-574 - ADOPTED
Acting Budget Director Mike Smykowskt requested adoption of two
(2) routine Budget Amendments as shown in the Executive
Summary.
...... C~ ~sstoner Norris moved, seconded by Commissioner Volpe and
carried unanimously, that Budget Amendments 94-639 and 94-674 be
adopted.
(670)
Item #6
CLERE'S REPORT - NO ACTION TAKEN
(493)
Item #8A1
ONE TIME TRANSFER OF $2,200,500 FROM THE COMMUNITY DEVELOPMENT
SERVICES FUND TO THE COUNTY-WIDE GENERAL FUND TO ABSOLVE THE COLLIER
DEVELOPMENT AND BUILDING INDUSTRY FROM FUTURE DEBT SERVICE AND RENTAL
OBLIGATIONS ASSOCIATED WITH THE CONSTRUCTION OF THE COMMUNITY
DEVELOPMENT SERVICES BUILDING - APPROVED; STAFF TO EVALUATE A POSSIBLE
REDUCTION IN FEE SCHEDULES
Stan Litsinger, Growth Management Chief, stated that this budget
amendment represents a one time transfer of $2,127,100 from the
Community Development Fund to the General Fund to eliminate the deve-
lopment communtty's responsibility of future debt service for the
construction cost of the Community Development Services Building. He
explained that the monies were raised by the downsizing of the
Development Services DIvision and related budget savings, and by uti-
lizing available reserves. Mr. Litsinger stated that sufficient
reserves will remain in the Community Development fund after this
Page 5
September 27, 1994
transfer to support revenue flow should there be a slowing of same.
Commissioner Matthews questioned if the fees being charged for
permits, inspections, etc. generated the reserves and, if so, when
will a reduction in fees be effected?
Mr. Litsinger indicated that fees charged did generate reserves
and discussions have been held with the Manager and Development
Services Advisory Committee regarding fee reductions wherein an
agreement was reached to take a 12 month period to review revenue flow
into the Community Development Services Fund and Reserves. He pointed
out that this Enterprise Fund is most susceptible to the business
cycle but if within the next budget year the Division continues to
cover operating costs plus accumulate reserves, a fee structure review
will be initiated.
In response to Commissioner Matthews, Mr. Litsinger replied that
the monies are being transferred to the General Fund Reserves because
the debt service payments are made out of that fund by appropriation
each year.
Commissioner Matthews stated that she has a problem with such a
large amount of money being moved into the General Fund where it could
get lost somewhere with the other hundred million dollars. She indi-
cated that the funds could better serve enhancement of services to the
taxpayers and the development community.
Mr. Litsinger explained that a decision was made by the Advisory
Committee that sufficient funds remained after the transfer to address
other needs such as service enhancement.
Commissioner Constantine questioned if the ad valorem tax rate
would be reduced if an extra $2 million were found in Reserves?
County Manager Dotrill answered negatively and indicated that the
issue was discussed as part of budget approval.
Commissioner Matthews stated that when the downsizing of
Development Services occurred, it was estimated that the layoffs would
generate savings of approximately $1 million per year yet the budge-
tary affect was not felt until March 1994, only one half year, and $2
Page 6
September 27, 1994
million in savings has been realized.
Mr. Litsinger explained that part of the savings being identified
is $800,000 in carry forward from the appropriated budget due to the
restructuring and consolidation of the Division.
Mr. Dotrill indicated that the tentative budget has been prepared
with the transfer to the General Fund to dissolve that portion of the
mortgage contributable to Community Development, i.e. no on-going rent
or associated debt.
Commissioner Saunders pointed out that within the next 12 months,
a decision will be made as to whether fees should be reduced.
Mr. Litsinger stated that the Advisory Committee was guaranteed
that the fee structure will be scrutinized closely for a possible
reduction based on the $200,000 saving from rental payment obligations
effected by this action and reduced operating costs.
Commissioner Saunders indicated that the 12 month period will be
necessary because some operating expenses will probably rise.
Commissioner Matthews stated that she is concerned for an
equitable fee structure for permits.
Commissioner Saunders moved to approve payment to the General
Fund of 82,200,500 from the Comity Development Services Fund to
absolve the future debt service and rental obligations for
22,000 square feet of the building associated with the construction of
the Community Development Services facility and that during the next
12 month period an evaluation for an equitable fee schedule be
pursued. Seconded by Commissioner Norris.
In response to Commissioner Volpe, Mr. Litsinger explained that
should the building be sold, 22,000 square feet of the new location
will be reserved for Community Development Services; however,
Community Development Services will still be obligated to pay their
share of utilities and other associated costs of the building Just the
rental of the square footage is relieved.
Commissioner Volpe pointed out that the amount being paid
translates into capitalized rent over a period of years but he is con-
Page 7
September 27, 1994
cerned about doing that in a building the County does not own.
Mr. Litsinger stated that the issue was discussed with the
Advisory Committee as well as the possibility of capital appreciation
so the guarantee of office space at another location was seen as an
acceptable alternative.
In response to Commissioner Matthews, Mr. Litsinger informed that
the budget refers to debt service but technically it has never been
debt service but a transfer to the General Fund equivalent to that was
needed to make the debt service as in the case of the other 45 percent
which is transferred from the other occupants of the building to the
General Fund.
Upon call for the question, the motion carried unanimously.
In response to Commissioner Saunders, Mr. Litsinger clarified
that the correct figure is $2,200,500 and not the $2,127,100 which
appeared on the agenda.
(1040)
Item #8B1
STATUS AND ALTERNATIVES OF WALL INSTALLATION ALONG PINE RIDGE ROAD FOR
THE BENEFIT OF THH FOREST LAKES/TURTLE LAKES FRONTAGE - STAFF TO WORK
WITH PROPERTY OWNERS ON LANDSCAPE BUFFER WITH DONATED MATERIALS AND
WITH NAPLESCAPE ON DESIGN; PROVIDE COST ESTIMATE TO PROPERTY OWNERS
REGARDING WALL
Transportation Services Administrator Archibald stated that this
item is a report on the Pine Ridge wall issue proposed between the
entrance to Forest Lakes at Forest Lakes Boulevard and Woodshire Lane.
He explained that per Board direction, Staff addressed three (3)
issues, i.e. background, wall design and wall financing.
Mr. Archibald stated that Staff investigated the background rela-
tive to whether the Ordinance 91-101 allowing for the development of
the adjacent shopping center, the Falls of Naples, required commit-
ments beyond buffers within their property and Staff has concluded
that off-site improvements were confined to access, utility and traf-
fic signal improvements. He pointed out that the Ordinance required
only one (1) off-site improvement which was to provide a fair share
for a traffic signal to be located south of the Shopping Center.
Page 8
September 27, 1994
Mr. Archibald indicated that the second issue, wall design, was
addressed relative to design, location and cost. He mentioned that
Staff designed the wall to be located on the south side and within the
right-of-way of Pine Ridge Road, north of the existing Australian
Pines abutting fairways at Forest Lakes. Mr. Archibald explained that
the wall is proposed to be eight feet (8') in height with a unit price
of $35 per running foot which represents a total cost of approximately
$86,000 and will run a distance of 2,450 feet.
Mr. Archibald stated that wall financing was analyzed and three
(3) methods of funding are proposed: taxing district; assessment
district; or contributions made by the owners. He pointed out that
Staff does not recommend an assessment district because the cost of
establishing same would exceed the cost of improvements; a taxing
district is possible but this would require a high millage rate over a
number of years to produce the dollars necessary. Mr. Archibald indi-
cated that the owners are considering paying monies as part of their
Association dues based on benefit derived to finance the wall.
Commissioner Volpe questioned if a landscape buffer on the north
side of the proposed wall has been addressed?
Mr. Archibald answered negative but informed that the wall will
be textured and the limited space between the wall and curb line could
prohibit placement of landscaping.
Commissioner Volpe voiced objection to seeing a concrete wall
running along Pine Ridge and questioned whether a landscape buffer
could address the question of noise as well as aesthetics?
Mr. Archibald indicated that Staff felt the proposed wall is pri-
marily an aesthetic improvement and the existing Australian Pines do
not function as a buffer from the standpoint of aesthetic, sound and
air quality. He pointed out that the residents are in the process of
discussing whether they want the wall and are willing to incur the
cost.
John Brown spoke on this item.
Mr. Archibald stated that the Crossings PUD and the Carillon PUD
Page 9
September 27, 1994
have a provision for the developer to pay 25 percent each for the cost
of slgnalizatton located south of the projects to be utilized by
Naples Bath & Tennis Club and was necessitated by the need to Inter-
connect a series of signal systems to work effectively. He explained
that the County is seeking the remaining 50 percent of the cost for
stgnaltzatton from Naples Bath & Tennis Club.
Mr. Brown requested an interpretation of the motion relative to
this item at the August 2, 1994 meeting; a reassessment of the
decreasing in valuation of properties at Buildings 499 and 501; con-
sideration be given to installing a landscape buffer for visual
blockage of traffic on Pine Ridge Road; and a breakdown of associated
County charges per year for the Property Appraiser, Tax Collector
Services, Clerk of Courts, etc. to present to the property owners as
to the cost associated with construction of the wall.
Mr. Archibald indicated that Staff is willing to continue to work
with the property owners relative to the landscape buffer to determine
what the cost will be, if sufficient land exists to support same and
subsidizing the improvements and future maintenance.
In response to Commissioner Constantine, Mr. Archibald stated
that Staff can prepare the information for presentation to the Board
in four to six (4-6) weeks.
Commissioner Matthews concurred with Commissioner Volpe's concern
relative to the placement of a concrete wall along Pine Ridge Road.
Commissioner Volpe pointed out that the item has been under
discussion for at least four (4) years and the issue appears to be who
will absorb the cost for construction of the wall. He explained that
nothing was embodied in the motion on August 2, 1994 that required
either the owners or the developers of the Crossing or Carillon
Shopping Centers to construct the wall. Commissioner Volpe suggested
that focus be directed to the landscape buffer and seek donation of
m~ertals working with Collier Nap/escape and/or unit owners.
Commissioner Volpe moved, seconded by Commissioner Matthews, that
Staff explore · mechanism for the establishment of a landscape buffer
Page 10
September 27, 1994
in the County right-of-way through the use of donated materials,
workin~ with the property owners as well as Collier Naplescape rela-
tive to design.
Commissioner Matthews questioned how much opaqueness to the
landscape buffer will be required to eliminate noise?
Mr. Archibald explained that developers are required to meet a
80 percent requirement for visual landscape buffers which would pro-
vide some noise buffering. He pointed out that a golf course exists
between the roadway and the impacted units which creates some buf-
fering and is why aesthetics is Staff's concern.
Commissioner Volpe pointed out that road noise is not the only
audio concern due to the industrial park located directly across Pine
Ridge Road from Forest Lakes.
Commissioner Volpe amended his motion to include direction for
Staff to provide Mr. Brown figures relative to the cost of
constructing the wall, including financing and associated County
costs. Commissioner Matthews amended her second.
Mr. Dotrill pointed out that the amount of County right-of-way on
the south side of Pine Ridge Road is very limited, probably less than
five feet (5'), and already contains street light poles and a utility
easement; immediately abutting is the Forest Lakes' chain link fence
lined with Australian Pine trees. He indicated that conveyance of
additional right-of-way may be required in order to effect a legiti-
mate landscape buffer.
Commissioner Volpe stated that the property owners should
cooperate if additional land is necessary to install the landscape
buffer.
Mr. Dotrill stated that realistically speaking, a proposal was
received three (3) years ago for improving the streets within this
community which were never built to County standards or conveyed to
the Board of County Commissioners, but consensus within the community
to tax themselves through an improvement district to bring the
streets, water management and drainage to County standards has never
Page 11
September 27, 1994
been forthcoming. He explained that the mechanism is In place for the
property owners to complete this project with their own money or
through the taxing dtstrlct but they have not been willing to do so.
Upon call for the question, the motion carried unanimously.
(2110)
Item #8B2
~AL TRAFFIC CONTROL HEASURES FOR REDUCTION OF CUT-THROUGH TRAFFIC
WITHIN TH~ PI1T~ RIDGE SUBDIVISION - CURB AND ~EDIAN CONSTRUCTION TO BE
EXPEDITED AND "NO U-TURN" SIGNS TO BE INSTALLED
Transportation Services Admfntstrator Archibald stated that thts
Item addresses both internal and external traffic control measures
relative to cut-through traffic within the Pine Ridge Subdivision. He
explained that at the September 6, 1994 meeting, discussions were held
regarding provisions within the Growth Management Plan for intercon-
nections between arterial road systems and local road systems.
Mr. Archibald indicated that one (1) external control option is a
wall within the right-of-way of Goodlette-Frank Road to restrict the
intersection at North Carlca Road by establishing right turns in and
out only. He explained that Staff recommends external controls to
keep traffic out of the residential area.
In response to Commissioner Volpe, Mr. Archibald informed that
the road directly across from North Cartca Road Is a private service
entrance for a Florida Power & Light substation and the access point
for the storage tank.
In response to Commfssioner Matthews, Mr. Archibald explained
that a series of different control at different locations in the form
of divefrets, blocking of certain movements, and berms but these
efforts have not been successful.
Commissioner Matthews questions how far north of North Carlca
Road will the proposed curb and back-filled median run because
according to the drawing included in the Executive Summary, the median
appears not to extend far enough north to eliminate motorists from
completing u-turns?
Mr. Archibald stated that the proposed curb and median has been
Page 12
September 27, 1994
designed to consume the turn lane currently in place which will
establish some degree of safety between the travel lanes and the
buffer wall wherever the island is terminated. He explained that no
matter how far north the median extends, motorists will attempt to
execute u-turns if desired.
Commissioner Matthews stated that the Board may wish to have the
curb and median extend far enough north to limit the turning radius to
making u-turns difficult or impossible to execute.
The following persons spoke on this item:
John McGutre
Sally Barker
Eric Baker
Commissioner Matthews questioned what the plans are for Hickory
Road once Vanderbtlt Beach Road is extended from U.S. 41 to Airport
Road?
Mr. Archibald informed that the current plan is to terminate
Hickory Road at the intersection with Cassena Road so that no connec-
tion will exist to the new Vanderbilt Beach Road to Pine Ridge Road.
He explained that Staff felt that the intersection is best suited for
a right turn only and not extend Hickory Road west of Caseena Road.
In response to Commissioner Matthews, Mr. Archibald replied that
the only access being considered for Summerplace is the existing
alleyway referred to as Pelican Ridge Drive and Pelican Ridge Drive is
being considered for either dtrectional control, building of a cul-de-
sac or leave as a connection to Vanderbtlt Beach Road near U.S. 41.
Commissioner Volpe stated that he thought direction had been
given to County engineers to begin design of the intersection of
Vanderbilt Beach Road and Hickory Road east of U.S. 41.
Mr. Archibald stated that the alignment design has been finalized
for the intersection of Vanderbi/t Beach Road and Hickory Road but
the connections between Summerplace or Hickory Road have not been
finalized.
Commissioner Volpe indicated that the Hickory Road issue may be
addressed within the next year.
22.1
Page 13
September 27, 1994
Mr. Archibald explained that the Hickory Road issue may take
longer than a year to address but for safety reasons, Staff does not
believe traffic should be controlled on Hickory Road in the vicinity
of Cassena Road but rather traffic eliminated; alternatives have been
too costly to implement or are unsafe.
Commissioner Volpe questioned whether Tupelo Road extends to
Trail Boulevard?
Mr. Archibald answered negatively.
Commissioner Constantine stated that 4,000 to 5,000 cars per day
travel Hickory Road and probably the trips per day will be halved by
installing the curb and median but once the Vanderbtlt Beach Road
extension is completed, in approximately two (2} years, the traffic
problem should be alleviated.
Commissioner Saunders questioned whether the potential exists for
expediting construction of the Vanderbtlt Beach Road extension from
U.S. 41 to the Goodlette Road extension?
Mr. Archibald explained that the permitting agencies are
requiring the County to show what is going to occur to Vanderbilt
Beach Road at build-out as well as the affects of Goodlette-Frank Road
at build-out which requires numerous environmental studies and has
hindered progress on the project. He indicated that plans are to
construct the section from U.S. 41 to Goodlette Road first, Just as
soon as permits are obtained.
In response to Commissioner Saunders, Mr. Archibald mentioned
that at both the State and Federal levels, the permitting agencies
would accept a phasing permit but not a phasing approval; they will
allow the County to phase permit mitigation with what is constructed
but will not issue a permit for Just one segment.
In response to Commissioner Volpe, Mr. Archibald stated that
whatever is erected must be semi-permanent and in l~eu of concrete
walls, Staff is recommending a stand-on curb back-filled with earth
and berm to make the median identifiable and to discourage misuse. He
acknowledged that whatever efforts have been made in Pine Ridge to
Page
September 27, 1994
deter traffic has been abused and the same will probably occur to the
proposed curb and median.
Commissioner Volpe questioned the affect of traffic on Center
Street if the proposed traffic control measures are approved?
Mr. Archibald explained that a certain degree of cut-through
traffic has always existed at between 500 and 1,000 trips a day and
those numbers will most likely increase because a number of people
will use Center Street to bypass the controls.
Tape ,2
Commissioner Norris questioned how long a timeframe can be
expected before the curb and median is functional?
Mr. Archibald indicated that the curb and median will probably be
functional in early 1995 as the paperwork for the financing will take
approximately 60 days to complete.
Commissioner Norris stated that he was in hope that something
could be done before the winter season arrived.
In response to Commissioner Constantine, Mr. Archibald explained
that the process will take that amount of time because a new fiscal
year is Just beginning, funds must be identified, project accounts
must be established and budget amendments will be necessitated. He
indicated that a number of agenda items will be presented to the Board
Just on the financing alone.
Commissioner Matthews stated that with $6 million in reserves,
the $11,000 appears to be available to address the financing issue.
Mr. Dotrill stated that the Board can authorize Staff to expedite
the project and approach the subcontractor installing the slip form
curb on the Airport Road stx-laning project to ascertain If they are
available to perform the additional work in conjunction with the
Airport Road project which could save the County money and at the
same time accelerate the Pine Ridge project.
Mr. Dotrill mentioned that residents of the Villages of Monterey
will probably protest this action but the project can probably be
completed within 60 days as long as there are no other diversions;
Page 15
September 27, 1994
however, approval of a budget amendment and a supplemental agreement
for the concrete curb work will be necessary.
Commissioner Constantine explained that the median can positively
impact the neighborhood by bringing down the number of vehicles even
though the proposal is not a perfect solution. He requested that
Staff place a priority on the project.
In response to Mr. Dotrill, Mr. Archibald replied that the amount
of curbing to be installed is approximately S00 feet north and
300 feet south of North Carica Road.
Commissioner Matthews questioned if the placement of the median
is in compliance with the Growth Management Plan and will this action
negatively affect the level of service on Good]errs-Frank Road?
Commissioner Volpe pointed out that Staff was recently given
direction to effect a change in the Growth Management Plan to address
this type issue.
Mr. Archibald stated that the level of service on Goodlette-Frank
Road will not be negatively affected by the placement of the median.
Commissioner Saunders questioned what will prohibit motorists
from making u-turns in order to utilize North Car/ca Road? He
explained that motorists attempting a u-turn can create a traffic
blockage on Goodlette-Frank Road.
Mr. Archibald stated that the curb and median will force a u-turn
further north at a location where a u-turn cannot be executed and
still remain on the pavement. He acknowledged that there will be
motorists who will attempt a u-turn no matter what.
Commissioner Constantine stated that by placing a bump on the
curb at the end will make a u-turn more difficult but short of curbing
all the way to Immokalee Road, someone is going to attempt a u-turn.
Commissioner Matthews reiterated that she is in favor of
extending the median further north eo that the turning radius makes it
impossible to execute a u-turn and remain on the road.
Commissioner Matthews moved, seconded by Commissioner Volpe and
carried &/2 (Commissioner Saunders opposed), that Staff expedite the
Pa~e 26
September 27, 1994
curb and back-filled median and no u-turn signs to be posted within
the median to notify motorists that they are subject to ticketing and
will be violating the law by such a maneuver.
ass Recessed: 10:45 A.N. - Reconvened 11:10 A.M. at which time
Delft~ Clerk Hoffman replaced Deputy Clerk Fernley me,
(328)
ltem#GC1
AUTHORIZATION THAT THE PARKS AND RECREATION DEPARTMENT PURSUE A DESIGN
COIFIq~CT TO CONSTRUCT ATHLETIC FACILITIES AT CERTAIN MIDDLE SCHOOL
SITES IN COLLIER COUNTY - APPROVED
Commissioner Constantine stated that he is pleased to see staff
working with Collier County schools to take advantage of using their
facilities. He questioned whether there is an agreement or an
understanding with regard to after school programs which may prohibit
the County from utilizing these facilities.
Public Services Administrator Olliff advised that there is an
agreement which staff is in the process of reviewing for possible
amendments as the result of the Big Cypress School issue. He noted
that the existing agreement allows the County to use the facilities
after hours at no cost and the School Board can use the parks facili-
ties at no cost.
Mr. Olliff explained that the school has first priority use for
after hours. He noted that review of the agreement will ensure that
the County is not making an investment for facilities it may be
precluded from using sufficiently.
Commissioner Constantine moved, seconded by Commissioner Volpe and
carried unanimously, that the Parks and Recreation Department develop
a professional services contract for the improvements to the athletic
facilities at the middle school sites as listed An the Executive
Summary.
(395)
Item #8D1
STIPULATION FOR SETTLEMENT AND RELEASE WITH COMMONWEALTH REAL ESTATE
GROUP RE THE LIFT STATION AT THE BERMUDA GREENS DMVELOFMMNT LOCATED
WITHIN THE IMPERIAL GOLF ESTATES PUD - APPROVMD
Commissioner Volpe announced that the attorney of record for this
item is the law firm he will be Joining after October 1, 1994. He
Page 17
September ~7, 1994
noted that he will abstain from voting on this matter.
Utilities Wastewater Director Clemons advised that this item is a
Stipulation for Settlement and Release with the Commonwealth Real
Estate Group.
Mr. Clemons stated that in 1990 the developer for Bermuda Greens
Development located within the Imperial Golf Estates PUD had an analy-
sis done on the existing lift station which revealed that the capacity
was not sufficient to continue adding new growth. He reported that as
a condition of receiving Certificates of Occupancy, the Commonwealth
Group was required to replace that lift station with a larger faci-
lity.
Mr. Clemons explained that the cost of the new lift station was
$47,249. He indicated that in actuality, the Bermuda Greens
Development generates approximately 12% of the flow passing through
that station.
Mr. Clemons cited that the Commonwealth Real Estate Group has
filed a complaint in the Circuit Court, seeking reimbursement for 88~
of the cost of the lift station. He noted that it is the opinion of
the County Attorney's Office that it would be in the County's best
interest to enter into the stipulation and reimburse Commonwealth the
sum of $41,579.12.
County Manager Dotrill pointed out that the original Imperial Golf
Estates Units 1 and 2 were approved prior to the 1970's and there are
currently Units 3, 4 and 5 and extends approximately one mile to the
east of where the original PUD was contemplated. He noted that the
lift stations were based on a density and design of 1978 or 1979. He
reported that the final approved size of Imperial is probably twice as
large as originally perceived.
Commissioner Matthews questioned whether staff can be directed to
assess any new developments that may be comin~ on line in this PUD to
pay their proportionate percentage as well.
County Attorney Cuyler replied that his office is presently
reviewing this issue and will advise the Board in this regard in the
Page
September 27, 1994
very near future.
Commissioner Matthews stated that the original lift station was
installed for use by "x" number of people and because of the new
construction on line there is now the need for an upgrade.
Commissioner Norris moved, seconded by Commissioner Constantine to
approve the "Stipulation for Settlement and Release" and authorize the
necessary budget amendments.
Commissioner Matthews remarked that she does not believe it is
fair for the rate payere to absorb the costs of the original 15~ or
17~, and noted that proper planning should have projected growth.
Upon call for the question, the motion carried S/1 (Commissioner
~atthew~ opposed and Commissioner Volpe abstained).
Pa~e 19
September 2?, 1994
Item ~A
CONSIDERATION OF PROPOSED AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST FUND, THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, AND COLLIER COUNTY, RE CONVEYANCE OF THE
MARCO ISLAND AIRPORT TO THE COUNTY IN EXCHANGE FOR CONVEYANCE OF 1,920
ACRES OF L/LND IN THE FAKARATCHEE STRAND STATE PRESERVE - CONCEPT OF
AGREEMIKNT APPROVED WITH CHANGES; STAFF TO PREPARE ADVERTISEMENT FOR
PUBLIC HEARING RE VACATION OF JANES SCENIC DRIVE
Assistant County Attorney Weigel advised that staff has been
working with the Department of Environmental Protection concerning the
negotiation of an agreement to provide for the exchange of real pro-
perty owned by the State, the Marco Island Airport, and the conveyance
of 1,920 acres of County property to the State.
Mr. Weigel called attention to the agreement, as included in the
Executive Summary. He indicated that the County owns its right-of-way
interests in Janes Scenic Drive, pursuant to a 1960 deed received from
the J. C. Turner Company. He noted that a 1961 Special Act addresses
the Janes Scenic Drive property as a County park, giving the County
full legislative powers to regulate, restrict and police the park.
Mr. Weigel pointed out that two County Ordinances specific to
Janes Scenic Park Drive prohibit camping in the park and the transpor-
tation and possession of guns. He remarked that the size of the park
is the same as the deed of right-of-way conveyed to the County, which
is 50' on each side of a specific line.
Mr. Weigel stated that the agreement is the result of discussions
between the County Attorney's staff, the Department of Environmental
Protection, Commissioner Constantine and Secretary Wetherell. He
indicated that an agreement has been reached between the parties, with
the exception of a few issues. He revealed that the conveyance of the
County's 1,920 acres and the conveyance to the County of the Marco
Island Airport would occur concurrently upon the vacation of the
County's interests in the Janes Scenic Drive right-of-way. He noted
that upon vacation, the Drive would no longer be a County Road, and
noted this would be a park road. He affirmed that there would be a
requirement for the County to provide signage posting the road as
Page 20
September 27, 1994
closed from dusk to dawn. He remarked that this signage would be for
placement on those parts of 3anes Scenic Drive that are not vacated
because there is a tall on both sides of the park area that would be
vacated that is still a County road.
Nr. Wetgel announced that there is a requirement, based on the
agreement, for DEP and the County to provide separate criteria con-
cerning the permit for motorists that are required to use Janes Scenic
Drive during the night.
Assistant County Attorney Wetgel advised for a period of 24 months
after the vacation, the PEP will provide the County with periodic
reports every six months regarding its thoughts, ideas and con-
siderations of the County~s obligations of record keeping, parrcling
and posting. He revealed after two years of the agreement, the DEP
and the County would endeavor to enter into such further long term
agreement which would look toward both Interests as determined at that
time. He Indicated if there is disagreement between the parties, the
Governor and Cabinet would have the ultimate decision making capabi-
lity of any future restrictions or changes concerning the utilization
of the road that would be vacated within the park property.
Mr. Wetgel stated that one outstanding Issue is the indem-
nification regarding the Marco AIrport property. He noted that the
Countyts draft Includes an indemnification provision for environmental
contamination which may or may not exist on the site. He pointed out
that this is keyed to the time frame prior to the County ~omtng Into
possession and administration of the Marco Island Airport property
Itself. He reported that discussions are ongotng in this regard.
Assistant County Attorney Wetgel suggested if the Board desires to
pursue the agreement that staff be directed to move forward with the
advertisement for a vacation hearing on the road right-of-way of 3anes
Scenic Drive. He Indicated that the Sheflirts Office may need to be
Involved to the extent of record keeping regarding patrol and incident
reports on Janes Scenic Drive.
Mr. Albert Gregory, representing the Department of Environmental
Page 21
September 27, 1994
Protection, (DEP) stated that the proposed agreement is the product of
more than two years of hard work and negotiations between the DEP and
the County.
Mr. Gregory advised that a copy of a letter has been faxed to each
Commissioner suggesting modifications to the draft agreement. He
explained that he believes the title to the airport should be conveyed
at the same time the vacation occurs. He noted that this will avoid
placlng unwanted restrictions on the title to the airport. He urged
the Board's favorable consideration in this regard.
Mr. Gregory stated that he does not disagree with the indem-
nification issue. He pointed out that the County and DEP concur that
the State should be responsible for its actions at the airport and the
County should be responsible for its actions at the airport.
Mr. Gregory cited the only difference with the draft is the fact
that DEP's attorneys have language they desire to be used, but noted
there is no difference of opinion.
County Attorney Cuyler announced that the agreement contains a
provision requiring a public hearing with regard to the closing of the
road.
Mr. George Barton, Collier County Aviation Authority Chairman,
urged the Commission to vote in favor of the agreement. He explained
that grant monies could be lost if the decision is delayed for another
week or two.
Commissioner Matthews stated that she will not support the vaca-
tion of Janes Scenic Drive. She remarked that everything within the
agreement is tied to that vacation and not the conveyance of property.
She remarked that she believed the purpose was to trade three sections
of land with a value of approximately $2.2 million for an airport with
a value of approximately 82.5 million. She indicated that the value
of the vacation would be approximately 8250,000 - $300,000.
Commissioner Matthews noted that 6A of the Agreement addresses the
maintenance and repair of Janee Scenic Drive, subject to budgetary
appropriations from the Florida Legislature. She explained if for
Page 22
September 27, 1994
some reason the DEP falls to Include maintenance and repair of this
road in its budget, this work will not be done.
Commissioner Matthews called attention to 6B and 7A of the
Agreement relating to a permit to use the road from dusk to dawn, and
refers to residents who reside "near" Janes Scenic Drive. She
questioned whether there is a determination as to what this means.
Commissioner Matthews pointed out that the same section of the
agreement talks about those who "are required" to travel through the
Strand, noting there is nothing in the agreement that dictates the
meaning of that term.
Commissioner Matthews questioned what authorizes the private land
owners, who must use this road to access their own private roads, to
obtain a dusk-to-dawn permit which the DEP has the sole authority to
revoke. She cited that she sees no protection for the private pro-
perty owners.
Mr. Gregory acknowledged that the DEP has no right to limit access
of the people owning private property within the Fakahatchee Strand
State Preserve. He concurred that Janes Scenic Drive Is the only
legal access and there is a workable arrangement. He noted that there
needs to be a differentiation between the people parked on Janee
Scenic Drive illegally and people who are parked on Janes Scenic Drive
as access into their property. He Indicated that he believes this can
be worked out as one of the details of the permit system.
In answer to Commissioner Matthews, Mr. Gregory explained that the
extensions, as referenced in the agreement would be by mutual
agreement of the County and the Department.
Commissioner Matthews suggested that the following language be
added to the agreement: "If such an extension is requested it would
not be unreasonably withheld". Mr. Gregory replied that he does not
object to adding the language to the agreement.
In response to Commissioner Constantine, Assistant County Attorney
Weigel advised that "restriction" is a rather indefinite word, and
noted "restriction" can be full encompassing Including "closure".
Page 23
September 27, 1994
Commissioner Saunders referred to the Agreement, Page 7, noting
that it appears there is only one category of Janes Scenic Drive
userst who are guaranteed perpetual access and that is the property
owners in that area. He remarked that the agreement provides if there
are to be further restrictions proposed by DEP, a public hearing needs
to be held with regard to the proposed restrictions and if the County
Commission and DEP agree with same, they become effective. He cited
if the County Commission and DEP do not agree, DEP has the power to
take the proposed restrictions to the Governor and Cabinet sitting as
the Board of Trustees of the Internal Improvement Trust Fund for
action which is final. He noted there can be no assurance from the
Board of County Commissioners that that access will be available.
Commissioner Saunders stated that the Board needs to understand if
action is taken to move forward and make the trade of property, DEP
may come back in the future and say they have evidence that there are
endangered species that are being impacted by the people driving
through the area, and therefore, the road will be closed permanently
to everyone except the owners.
Commissioner Constantine remarked that action cannot legally be
taken on the vacation for several weeks, noting that the grant cycle
date will not be met. He remarked that there are other options and if
concurrence cannot be reached, other avenues should be pursued.
Commissioner Saunders questioned whether the Board could continue
to negotiate with DEP to work out a scenario in which a transfer could
occur without having to wait for the legislative session, to which Mr.
Gregory replied in the affirmative.
Commissioner Volpe affirmed that the primary concern is for the
residents along Janes Scenic Drive. He reported that some type of
direction needs to be given to staff and DEP should be advised as to
the desires of the Commission.
Commissioner Constantine stated that there is no guarantee that In
the future the Governor and Cabinet will not close the road. Mr.
Gregory replied that any future decision to further restrict the
Page 24
September 27, 1994
public use of Janes Scenic Drive should be a public hearing with full
disclosure and full information. He indicated thai he believes the
Board of Trustees can be relied upon as a very objective decision
maker.
Commissioner Volpe questioned whether consideration could be given
to the grant of an easement and the County vacating its interest in
the road right-of-way and the Department giving the County back a
public easement. Mr. Gregory replied if this becomes a condition of
the County's willingness to move forward, it could be considered.
Commissioner Norris questioned whether the Department would accept
cash in lieu of Janes Scenic Drive. Mr. Gregory indicated that he
does not believe this has ever been discussed.
Mr. Gtl Erlichman spoke with regard to this item.
Commissioner Constantine noted that it appears the Board is uncom-
fortable with this agreement. He remarked that a determination needs
to be made as to a preferred route and some direction should be given.
Commissioner Constantine recalled previous discussions relating to
the posted road closure at night and indications to increase patrol.
Mr. Gregory divulged if nightly patrols are conducted and the per-
mitting system is in place, Janes Scenic Drive will be very unattrac-
tive to people who are out there to conduct illegal activity.
In answer to Commissioner Matthews, Mr. Gregory replied that since
July l, 1994, the Department's law enforcement staff has state wide
police powers.
Commissioner Constantine remarked that there could be an intera-
gency agreement between the Sheriff's Office and the County for an
officer to provide additional patrol in this area.
Commissioner Matthews suggested that the ultimate responsibility
and record keeping would be at the Department's discretion if the road
is not vacated.
Tape#3
Commissioner Saunders remarked that the Board could provide the
funding for that position with a penalty provision in the agreement
Page 25
September 27, 1994
indicating If that funding Is terminated, the road reverts to the
State.
Commissioner Volpe stated that the County has been operating on
the DEP's property without a written agreement for four years in addi-
tion to collecting all receipts from the operation of the airport. He
recalled that the last lease required the County to pay DEP 10~ of the
receipts collected.
Commissioner Matthews remarked that there are now more acceptable
issues on the table. She pointed out if there Is ever a solution to
the Miller Boulevard Extension problem and the Everglades Boulevard
access to 1-75, many of the concerns related to Janes Scenic Drive may
dtsslpate.
Commissioner Constantine cited that he Is not certain he favors
funding $40,000 per year to have a person drive back and forth all
night on a ten mile stretch of road, and suggested that perhaps there
could be a shared cost.
Mr. Gregory explained that the Department's law enforcement staff
is only authorized to do law enforcement work, noting they are basi-
cally police officers. He cited if the County is willing to fund the
position, that person would provide an on-site presence on the road-
way during the night.
Cos~testoner Volpe moved, to approve the concept of the agreement
that has been presented and staff directed to address the concerns as
identified during the public debate with regard to the final arbiter
of the decision as to further restrictions being placed upon Janee
Scenic Drive being reserved to the Board of County Commissioners of
Collier County or that they have to have concurrence prior to any
further restrictions being imposed.
Commissioner Volpe called attention to the last paragraph of Page
6 of the new draft agreement Indicating that DEP would forward their
recommendation to the Board of Trustee of the Internal Improvement
Trust Fund and they would have the ultimate say of what further
restrictions would be imposed. He suggested that there be a mechanism
Page 26
September 27, 1994
requiring concurrence of the Board of County Commissioners of Collier
Co~tnty.
Commissioner Saunders suggested that the motion include the
following amendments: a proviso stating that it is not the intent of
DEP to close Janes Scenic Drive during the day; additional language
reflecting the most compelling reasons for going to the Governor and
the Cabinet.
Colliestoner Volpe amended the motion to include a provision as
part of the k'nereas clause as it relates to the intention of the par-
ties that this facility will not be closed to public access during
daylight hcurs and that the provision of the a~reement that sets forth
the circumstances under which the DEP would bring the matter of
further restrictions to the Board of Trustees of the Internal
Iapx~v, nat Trust Fund would be only in the most compelling of
reasons; ?C of the a~reement include a second tiered permit relative
to irrevocable access for the property owners~ and staff to bring back
the aOTeement in one week.
Commissioner Matthews stated that she cannot support the vacation
of the road, noting there are other options.
Commissioner Saunders seconded the motion which carried 4/1
(Commissioner Matthews opposed).
Co.mtssioner Volpe moved, seconded by Cos~aissioner Constantine and
carried 4/1 (Commissioner Matthews opposed), that staff be directed to
prepare the necessary advertising for the public hearing regarding the
vacatAon of Janes Scenic Drive.
eee Recessed: l:O0 P.M. - Reconvened: 2:00 P.M. at which time Deputy
Clerk Barbiretti replaced Deputy Clerk Hoffman eaa
(808)
Itam#lOA
RESOLIrrXON 94-699 REAPPOINTING JANE POLKOWSKI, APPOINTING RICHARD
KLAAS, JOHN J. AGNELLI AND PANELA COX TO THE COLLIER COUNTY HEALTH
FACILITIES AUTHORITY - ADOPTED
Administrative Assistant to the Board Fllson explained that this
Authority is one that submits applicants to be confirmed by the Board.
Page 27
September 27, 1994
Commissioner Constantine announced that there are four positions
and four applicants.
Cmissioner Saunders moved to reappoint Jane Polkowski and
appoint Richard Klaas, John J. Agnelli and Pamela Cox. Seconded by
Commissioner Norris.
Upon call for the question, the motion carried 3/0 (Commissioner
Matthe and Commissioner Volpe out), thereby adopting Resolution
94-699.
Page 28
September 27, 1994
(837)
Item #lOB
RESOLUTION 94-700 REAPPOINTING 1fRED M. THONIS, 31t., APPOINTING JINE A.
HORTON ~ RANDY E. MERRILL TO THE A~FORDABLE HOUSING COMMISSION -
~LDOPT~D
Commissioner Saunders suggested appointing Randy Merrill to the
affordable Housing Commission because he is an attorney with the State
Attorney's office and there is no attorney on the Commission.
Commissioner Saunders moved to reappoint Fred Thomas and
appoint Jane Horton and Randy Merrill to the Affordable Housing
Commission. Seconded by Commissioner Norris.
Upon call for the question, the motion carried unanimously,
thereby adopting Resolution 94-700.
Page 29
September 27, 1994
(es~)
Itma elOC
RESOLUTION 94-701 REAPPOINTING VINCENT CRISCOULI, APPOINTING JAMES T.
ESCH, RODDEY N. BROWN AND EDWARD HUEGEL TO THE ISLE OF CAPRI FIRE
CONTROL DISTRICT ADVISORY COMMITTEE - ADOPTED
Administrative Assistant to the Board Fllson stated that there are
four vacancies and four recommendations. She explained that there are
five applicants.
Ms. Ftlson pointed out that some of the terms do not expire until
December 31, 1994, but due to an Insufficient amount of members they
cannot form a quorum. She requested that the Board confirm on this
date the term expiring on December 31, 1994 by reappointing Vincent
Crtscoult to a two year term.
Commissioner Norris moved to reappoint Vincent Crtscoult and
appoint James T. Esch, Roddy M. Brown and Edward Huegel to the Isle
of Caprl Fire Control District Advisory Committee from this date
to December 31, 1994 and a full two year period thereafter. Seconded
by Commissioner maunders.
Upon call for the question, the motion carried unanimously,
thereby adopting Resolution 94-701.
Page 30
September 27, 1994
(927)
Item #IOD
RESOLUTION 94-702 REAPPOINTING ROBERT J. WEYERS AND APPOINTING ELLERY
J. LE PAIN TO THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE
Commissioner Norris moved to reappoint Robert J. Weyers and
appoint Ellsty J. Le Pain to the Lely Golf Estates Beauttftcation
Advisory Committee. Seconded b~ Commissioner Saunders.
Upon call for the question, the motion carried unanimously,
thereby ~pt~ng Resolution 94-702.
Page 31
September 27, 1994
Item #10E
RESOLUTION 94-703 APPOINTING MARY HERBERT CHENERY, DAVID J. DRIAPSA
AND LORA JEAN YOUNG TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION
Administrative Assistant to the Board Ftlson stated that there are
three vacancies for three year terms. She said that she has received
six applications.
Commissioner Norris moved, seconded by Commissioner Saunders, to
approve the recommendation of Mary Herbert Chenery, David J. Driapsa
and Lora Jean Young to the Historical/Archaeological Preservation
Board.
Upon call for the question, the motion carried unanimously,
thereby adopting Resolution 94-703.
Page 32
September 27, 1994
(957)
Ite~#lO~
~SOL~ION 94-704 ~I~ING JO~ COOLEWE TO ~E H0~LESS ~VISORY
COMMITTEE-ADOPTED
Administrative Assistant to the Board Ftlson announced that there
has been one resignation on this committee. She stated that she
received two applications. She stated that the Homeless Advisory
Committee is recommending John Cooledge to fill the remainder of the
vacant term which will expire on May 15, 1996.
Commissioner Matthews moved, seconded by Commissioner Saunders to
appoint John Cooledge to the Homeless Advisory Committee.
Upon call for the question, the motion carried unanimous/y,
thereby adopting Resolution 94-704.
Page 33
September 27, 1994
(983)
Item ella
RENEW LEASE AGREEMENT DATED JANUARY 25, 1994, BETWEEN JAMES R. NOE AND
COLLIER COUNTY TO CONTINUE THE OPERATION OF A MAINTENANCE GARAGE AND
FUELING FACILITY UTILIZED BY THE SHERIFF'S OFFICE OR DIRECT STAFF TO
AMEND THE CURRENT LEASE AGREEMENT TO PROVIDE FOR AN OPTION FOR EARLY
TERMINATION - STAFF RECOMMENDATION APPROVMD
Commissioner Constantine recalled that previous discussion had
been held on the lease of the maintenance and fueling facility used by
the Sheriff's Office.
Crystal Kinzell, Finance Director of the Sheriff's Office, con-
fimed that other facilities have been considered. She said that three
potential sites had been identified ranging from $400,000.00 to
$750,000.00 in purchase price. She said that she believes that a
facility will be located but some of the facilities are occupied by
current tenants therefore, they are unable to negotiate a move from
the current facility in time for the expiration of the current lease.
She said that the Sheriff's Office is requesting that the Trustee of
the existing property agree to a month to month lease. She reported
that if the Trustee does not agree to a month to month lease the
Sheriff's Office would be obligated for a year.
County Manager Dotrill remarked that he thought that the Sheriff
had agreed to explore the possibility of a Joint site that the BCC
might develop in the event that the County Barn facility is relocated.
Ms. Kinzell confirmed that the Sheriff's Office will work with the
Board on any future plans.
Commissioner Constantine moved to approve Staff's recommendation
of a month-to-month lease. Seconded by Commissioner Matthews.
Upon call for the question, the motion carried unanimously.
(1081}
PUBLIC C~ - PHIL MANHARDT RE SUBDIVISION PLAT - CONCEPT APPROV1D,
STAFF DIRECTED TO PREPARE FORMAL AOENDA ITEM
Phil Manhardt explained that he is about to begin construction on
a single family residence. He requested that the Board allow him to
begin construction before a subdivision plat is approved. He said
Page 34
September 27, 1994
that the property that was divided belongs to his father and he was
unsure of the procedure that should be taken. He said that he had
heard that the Board has made exceptions before. He stated that he is
willing to agree to a stipulation that a Certificate of Occupancy (CO)
will not be issued until the plat is recorded.
In response to Commissioner Constantine, County Attorney Cuyler
advised that this item is being heard under Public Comment.
Wayne Arnold, Acting Site Plan Review Director, explained that Mr.
Manhardt acquired, through his family, a portion of three lots in
Golden Gate Estates. He stated that there is a recorded access ease-
ment, however at the time of the sale of the property and today it is
legally considered a subdivison. He said it is a timing issue for Mr.
Manhardt and his family. He stated that Mr. Manhardt has submitted
the necessary plat information but it has not been reviewed by Staff.
In response to Commissioner Saunders, Mr. Arnold replied that he
does not foresee any difficulties in plat approval. He remarked that
if Staff were to approve construction prior to the plat because
ownership is in the family there does not seem to be a problem gaining
access to the parcel. He said that should ownership change between
this plat approval, the next owner might have a problem with access to
the property.
Commissioner Saunders stated that in that event a CO would not be
issued.
Commissioner Saunders stated that in the past the Board has tried
to assist citizens if they have specific problems and it appears that
approval is a formality. He commented that Mr. Manhardt is willing to
bear the risk of not obtaining a CO.
Co~aisstoner Saunders moved to direct Staff to Issue the Buildtng
Permit with the provision that no Certificate of Occupancy wtll be
issued unless the building goes through the formal platting procedure;
if for moss reason the plat is not approved a Certificate of Occupancy
will not be issued. Seconded by Commissioner Volpe.
In response to Commissioner Constantine, County Attorney Cuyler
Page 35
September 27, 1994
stated that he cannot tell the Board that there is a Code provision
that provides for the intent of the motion.
Commissioner Matthews suggested that this issue be discussed as a
formal agenda item.
County Manager Dorrill suggested that the issue be added on the
Consent Agenda with a Resolution that Mr. Manhardt wishes to proceed.
Commissioner maunders stated that he will amend the motion,
seconded by Cmissioner Volpe.
Commissioner Saunders moved to approve the item in concept for it
to be brcn/~ht back before the Board at the meeting of October 4, 1994.
Seconded by Ccauaissioner Volpe.
Upon call for the question, the motion carried 5/0.
(1315)
Item #12C1
RESOLUTION 94-705 RE PETITION CCSL-94-13, DOROTHEA P. ZYSKO OF WILSON,
MILLER, BARTON AND PEEK, INC. REPRESENTING NB HOTEL LIMITED REQUESTING
A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW
CONSTRUCTION OF A SWIMMING POOL, ASSOCIATED TERRACE AND CABANA AND TO
ADD PARKING AT THE SOUTHERN PROPERTY LINE AT LA PLAYA BEACH AND
RACQUET INN - ADOPTED
Legal notice having been published in the Naples Daily News on
September 11, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Barbara Burgeson, Environmental Specialist II, stated that the
petitioner wishes to do some remodeling construction, reconstruction
and new construction in order to open a new facility. She said that
the petition is in compliance with County codes. She stated that
Staff recommends approval with the stipulations stated in the
Executive Summary.
Commissioner Constantine closed the public hearing.
Commissioner maunders moved, seconded by Commiseloner Matthews and
carriedunantsoualy, that Petition CCSL-9&-13 be approved, thereby
adopting Resolution 94-705.
Page 36
September 27, 1994
Ztne12C2
RESOLUTION 94-706 RE PETITION HD-94-1, LILLIAN R. WOOTEN AND GENE
WOOTEN REQUESTING THE BCC TO OFFICIALLY DESIGNATE THE OCHOPEE POST
OFFICE AS HISTORICALLY SIGNIFICANT SITE WHICH IS LOCATED ON THE SOUTH
SIDE OF U.S. 41, APPROXINATELY 1,000 FEET EAST OF CALIYIeXLL ROAD -
ADOPTED: STAFF DIRECTED TO HELP IN PROCURING FUNDS FOR CERENONIES
Legal notice having been published in the Naples Dally News on
September 11, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Planner Bellows stated that the objective of this petition is to
officially designate the Ochopee Post Office as a locally historic
structure by virtue of its' unique size and the important role it
played in the establishment of Ochopee. He explained that the struc-
ture first served as a storage shed for one of the tomato farming
operations. He reported that the shed was pressed into service as a
post office in 1953 when fire destroyed the first post office. He
said that as a result the shed became the smallest official post
office in the United States. He stated that the
Historic/Archaeological Preservation Board voted to approve the
Ochopee Post Office as a historic structure because it meets the cri-
teria listed in Section 2.2.25.5.1 of the Land Development Code for
historic sites.
In response to Commissioner Constantine, Mr. Bellows replied that
a positive aspect, if approved, is that it will protect the structure
from future development and allow possible Federal grant funds.
Commissioner Norris asked if the desi~nation could be removed in
the future?
Mr. Bellows replied that this is Just a local destination.
Arthur Lee, Historic/Archaeological Preservation Board, stated
that another positive aspect ]s recognizing the importance of the com-
munity. He said that the Historic/Archaeological Preservation Board
wishes to have a ceremony celebrating the designation, if approved,
and also Rosemary Cemetery. He requested that the Board help in
acquiring funding for these events.
Page 37
September 27, 1994
Commissioner Constantine closed the public hearing.
Commissioner Matthews moved, seconded by Commissioner Norris and
carried unanimously, that the Ochopee Post Office be designated as a
local historically significant site, thereby adopting Resolution
94-706.
Commissioner Matthews moved to direct Staff to see if funds are
available for invitations and postage.
In response to Commissioner Constantine, Mr. Lee replied that the
invitations and postage would total approximately $200.00.
County Manager Dotrill stated that if necessary a budget resolu-
tion could be prepared to comply with the Clerk of Courts arrangement
for similar events.
Commissioner maunders asked if this is typically done?
County Manager Dotrill replied that in ribbon cutting ceremonies
the contractor is usually responsible. He suggested the possibility
of help from the Friends of the Museum.
In response to Commissioner Volpe, Mr. Dotrill confirmed that the
Ochopee Post Office is a privately owned facility.
Commissioner Vo]pe remarked that Mr. Wooten may be able to assist
in funding the ceremony.
Commissioner Norris commented that the point is attempting to use
public funds to support a private organization.
Commissioner Matthews explained that the intent of the motion is
to direct Staff to pursue the procuring of funds.
Mr. Lee apologized for the consternation. He offered to pay for
the costs.
Commissioner Constantine directed Staff to investigate the
possibility of procuring private funds.
Page 38
September 27, 1995
Item #12C3
RESOLUTION 94-707 RE RATE RESOLUTION TO MODIFY THE RESIDENTIAL SOLID
WAST~ SPECIAL ASSESSMENT AND COMMERCIAL WASTE COLLECTION FEES -
Legal notice having been published in the Naples Daily News on
September 11, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
William Lorenz, Environmental Services Administrator, explained
that this is the annual solid waste rate resolution which has two
changes; residential and commercial rates. He stated that there are
three items in the residential rates that are driving the change. He
said one is the annual increase for the collection, another is monies
that the Property Appraiser has requested in association with costs
for preparing assessment role. He said that the third component is
that the amount of material that a residential unit is generating
has decreased. He reported that when the $25.00 per ton tipping fee
is applied it decreases the disposal costs for the residential unit.
Mr. Lorenz explained that the Commercial Rate increase is on the
Consumer Price Increase (CPI) for the collection side of the rate.
In response to Commissioner Saunders, Mr. Lorenz replied that
if Staff were directed to enter into negotiations with Waste
Management, Inc., the tipping fee would decrease. He said that based
upon that information Staff feels comfortable that this is a realistic
rate.
Commissioner Constantine closed the public hearing.
Commissioner Saunders moved to approve the rate resolution,
seconded by Commissioner Matthews.
Upon call for the question, the motion carried unanimously,
thereb.f adopting Resolution 94-707.
Page 39
September 27, 1994
(1918)
Item #12C&
RESOLUTION 94-708 RE PETITION AV-94-017, JOHN GENEVRINO AS AGENT FOR
OWNER, U. S. CAPITAL DEVELOPMENT, INC., REQUESTING VACATION OF A
PORTION OF A SEVEN AND ORE HALF FOOT DRAINAGE EAS~NT LOCATED ON A
PORTION OF LOT 46 - ADOPTED WITH CHANGE
Legal notice having been published in the Naples Daily News on
September 11, 1994 and September 18, 1994, as evidenced by Affidavit
of Publication filed with the Clerk, public hearing was opened.
Russ Mullet, Transportation Engineer, stated that this petition is
a request for a vacation to allow for the existing building
encroaching into the easement. He said that a model home was built
prior to the recording of the plat. He stated that the plat dedicated
a 7.5 foot drainage easement. He said that ProJect Review Services
has looked at the construction plan and is confident that the
remaining 6 feet, in addition to the 7.5 feet would be sufficient to
maintain it. He stated that he received no letters of objection.
He pointed out that the owner listed on the resolution needs to be
changed to St. James Homes of Maplewood, Inc.
Mr. Mullet stated that Staff recommends approval with the change
to the resolution.
In response to Commissioner Norris, John Genevrino with Action
Surveys, replied that the home was constructed in April, 1994.
In answer to Commissioner Norris, Mr. Genevrino confirmed that it
was the responsibility of his firm to accurately survey the site. He
explained that due to circumstances that prevailed prior to construc-
tion based on the boundary description that was provided by his client
no mention was made of an easement. He said that the building was
placed on the center of the parcel.
Commissioner Matthews asked if a ~pot survey was done?
Mr. Mullet replied that the house was constructed prior to the
plat being recorded. He explained that the home was sold by Means and
Bounds rather than a legal description. He said that drainage was
dedicated by the plat.
Page 40
September 27, 1994
Commissioner Matthews asked what the result would be if the vaca-
tion is not granted?
Commissioner Volpe replied that if the vacation is not granted the
property will not be able to be sold due to the encroachment.
Mr. Mullet reported that if the vacation is not granted the peti-
tioner would have to remove a foot and a half of the building in order
to sell the property.
Commissioner Constantine closed the public hearing.
Cos~sisstoner Volpe moved to approve Petition AV-94-017 with direc-
tion to Staff to insure that this situation does not occur in the
future. Seconded by Commissioner Norris.
Upon call for the question, the motion carried 4/1 (Commissioner
~4atth~ws opposed).
Page 41
September 27, 1994
(2236)
Ztem #12C5
ORDI1TANCE ESTABLISHING THE COLLIER COUNI"f WATER-SEWER DISTRICT
AUTHORITY - NO ACTION
Legal notice having been published in the Naples Daily News on
August 31, 1994, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
County Attorney Cuyler suggested that Item #12C6 can be heard
together with this item since they are related.
Mr. Cuyler noted that this item has been before the Board for
discussion purposes. He confirmed that Staff has worked with the
Economic Development Counsel (EDC) to draft a document, included in
the Executive Summary, which creates the Collier County Water-Sewer
District Authority which is referred to in the Ordinance as "The
Authority creates an Executive Director position which reports to the
Authority as opposed to the County Administrator". He said that the
Board will make the initial appointment of the Executive Director. He
stated that thereafter the Executive Director is appointed by the
Authority and confirmed, including compensation, by the District Board
which is the Board of County Commissioners. He said that this Board
retains control of the rate, bonded indebtedness and location of new,
major facilities along with expansion to existing facilities. He
reported that the remainder of the Board's authority under the Special
Act are given to this operational administrative board that is being
created by this Ordinance. He noted that the members are appointed by
the District Board within 60 days after adoption of the Ordinance. He
said that the authority will prepare a budget and present it to the
District Board. He said that the District Board has the authority to
approve the budget or modify it. He stated that the Executive
Director can be terminated with or without cause by a majority vote of
the membership of the Authority. He stated that page 9 of the
Executive Summary provides the Executive Dlrector's responsibilities.
In response to Commissioner Matthews, County Attorney Cuyler
Page 42
September 27, 1994
replied that the Board of County Commissioners would sit in two
separate capacities for two separate legal entities; Collie~ County
general government and the Collier County Water-Sewer District.
County Manager Dotrill said that no one denies the current
operating effectiveness of the Utilities Division. He stressed that
this is an important decision. He said that he will establish what
the Utility Division is and where they stand at the close of 1994. He
stated that he hoped to clarify who will protect the public's interest
and where accountability will be. He said that he will try to
establish if the County is operating in the context of current State
Statutes.
Mr. Dotrill reported that the Utility Division has become the most
powerful unit of County government under the Board of County
Commissioners. He said over the last five years the Utility Division
is showing net profit of almost $5.5 million each year. He said that
profit is currently being returned to a variety of reserves to pri-
marily fund capital improvements and to use cash from available pro-
fits as opposed to increasing the County's bonded indebtedness. He
stated that in order to protect the public's interest the Board of
County Commissioners and its' administration need to continue to be
directly involved in this system. He said that Water Management
DIstricts have become very controversial because of the lack of direct
accountability. He said that the current legal opinion does not seem
to resolve the concerns that he has. He said that Chapter 125 in its
purpose says "that it is the legislative intent of this Chapter that
it is necessary to authorize a form of County administration that best
assures an adequate and efficient provision of services to the citi-
zens in this State and that provides for coordinated administration of
all County Departments." He said that it also provides "each
County to which this part applies shall appoint a County administrator
who shall be the administrative head of County and shall be respon-
sible for the administration of all departments of County government,
whether those departments of County government under the Board of
Page 43
September 27, 1994
George Keller
Harold Hall
Dorothy Fitch
Bob Sommer
Keyin Coleman
County Commissioners has the authority to control pursuant to the
general laws pursuant to this act or other applicable legislation".
He said that in this case it would be the latter of those three "other
applicable legislations" He indicated that though we have a Special
Act which created the Water Sewer District it is ultimately the Board
of County Commissioners who control the Special Act, this particular
Act or other general laws of Florida. He reported that Columbia
County has neither a County Manager nor County Administrator. He said
they have not adopted a local Ordinance or complied with State
Statute. He said that they have a County Coordinator which still
allows the Board members to contact heads for the purpose of giving
direction. He stated that this poses a great deal of problems.
The following people spoke on the subject:
Dr. Fay Btles
Bill Barton
Gilbert Erlichman
Brad Estes
Commissioner Matthews referred to the amended copy of the
Ordinance that was presented by Mr. Barton of the EDC. (Copy not pro-
vided to Clerk). She commented that the last sentence of page 5 does
not provide what to do in the first year regarding the five year
Master Plan and update.
County Attorney Cuyler stated that he anticipates it to work is
the County has a Utility Master Plan which within one year of the
effective date of the Ordinance, the Authority shall prepare for con-
sideration and approval by the District Board a five-year master plan.
Mr. Barton explained that if this Authority is created within one
year the existing five year Master Plan will be updated and presented
to the Board. He said that whether or not there was a full or partial
year, the second Plan the Board would receive would be in April of
1996.
Commissioner Saunders remarked, in reference to comments made by
Mr. Estes, that the Board has received past criticism for having too
many advisory boards. He explained that the Board of County
Page 44
September 27, 1994
Commissioners does not have the time to investigate each issue that it
must address. He said it is better to have the input from a group of
citizens. He said that he suggested this advisory board but did not
intend to create an Executive Director and a new layer of government.
He explained that his intent was to create a board of experts that
could focus on Utility issues which would give the Board of County
Commissioners more time to focus on long range planning and other
major issues. He said that there was no intention of eliminating the
County Manager or Division Administrator. He said his intention was
to create a mechanism to focus on the day to day operational aspects
of Utilities in a more efficient manner, free up the Board of County
Commissioners for long range planning and possibly save the County
from some of the operational problems. He said he wanted the Board of
County Commissioners to retain all Jurisdiction over rates, plant
siting and things of that nature. He said that this Ordinance has
gotten completely out of proportion to what was originally proposed.
He said that he is opposed to the creation of an Executive Director.
Commissioner Volpe shared Commissioner Saunders' concerns.
Commissioner Norris stated that on one hand it appears that the
Utility Division is financially operating well, on the other hand it
is hard to dispute that there are problems involved in that aspect.
He said that there have been larger problems in the past such as the
North Naples Water Plant contract dispute, the information system
problems, the Glades lease which went unnoticed and unrenewed and
siting of the Lely Sewer Plant. He said that the problems need to be
identified so that appropriate solutions may be proposed. He said
that he believes that the County Manager could begin a nationwide
search, if necessary, for an experienced Director for the Utilities
Division and direct that person to see that the Utilities Division
operates the way the Board of County Commissioners wants it to. He
said that he shares the concern regarding the isolation between the
citizens and the Board of County Commissioners through the Utility
Authority as proposed. He said that he cannot support this Ordinance.
Page 45
September 27, 1994
Commissioner Constantine stated that the Board has encountered
many problems with the Utilities Division. He said that he does not
want to see any additional layers of government. He stated that the
proposed Ordinance is unacceptable. He indicated that the County
Manager should be given the opportunity to correct the present
problems.
Commissioner Constantine closed the public hearing.
Commissioner Saunders stated that because there is no support for
the Ordinance there is no point in taking a vote on this item or Item
#12C6.
Item #12C6
ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 93-72, THE COLLIER
COUNTY ADMINISTRATOR ORDINANCE - NO ACTION
Legal notice having been published in the Naples Daily News on
August 31, 1994, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
This item was heard in conjunction with Item #12C5.
see Recess: 3:55 PM - Reconvened: 4:05 PM At this time,
DepUty Clerk Fernle~ replaced ~l:ruty Clerk Barbtrettt ~ee
(1443)
Item #13A1
CONSIDERATION OF A RESOLUTION AMENDING RESOLUTION 94-533 RE PETITION
CU-94-1 FOR A SEWAGE TREATMENT PLANT CONDITIONAL USE IN THE RSF-3
ZONING DISTRICT FOR PROPERTY LOCATED IN GOLDEN GATE, TO CORRECT A
SCRIVENER'S ERROR IN STIPULATION NUMBER 5 REGARDING THE UTILIZATION OF
SCRUBBERS FOR ODOR CONTROL - TABLED TO MEETING OF OCTOBER 4, 1994
Legal notice having been published in the Naples Dally News on
September 11, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Commissioner Constantine stated that the proposed resolution
substantially changes the original resolution because the deleted por-
tion of Stipulation Number 5 reads "...or other odor control mechanism
which functions as well as or better than a scrubber..." which was an
attempt to assure that the odor problem is corrected, i.e. if the
scrubber did not eliminate the odor, then another mechanism would be
Page 46
September 27, 1994
required. He explained that by changing that phrase, the scrubber
becomes the only mechanism to correct the problem and if the odors are
not eliminated, there is no recourse.
Commissioner Constantine pointed out that the added last sentence
reads "For purposes of this paragraph, best available technology is
defined as the utilization of a scrubber..." which may not be true in
a few years.
In response to Commissioner Volpe, Commissioner Constantine
replied that he feels the proposed change to the original resolution
Is not a scrtvener's error.
Ron Ntno, Planner, stated that Stipulation Number 5, as worded,
does not represent what the minutes reflect which precipitated the
County Attorney's Office review of the original resolution and the
conclusion that a scrtvener's error occurred and needs correcting.
County Attorney Cuyler explained that a scrtvener's error is not
intended to change text but to change the intent and the Board of
County Commissioners needs to determine what was intended and what was
said. He indicated that the minutes can be provided for Board review
should they be required to make a determination. Mr. Cuyler Indicated
that Assistant County Attorney Student reviewed and made a deter-
mination in this matter because an objection was raised by the peti-
tioner.
Commissioner Norris stated that the original resolution correctly
indicates the intent of the Board.
Mr. Cuyler explained that the options before the Board are: 1) do
nothing and Resolution 94-533 will remain in place; 2) adopt the pro-
posed resolution; or 3) continue the item for further research.
Cheryl Lister, Florida Cities Water Company, distributed excerpts
from the transcript taking during the public hearing. She pointed out
that the amendment to the resolution does accurately reflect the
ruling made by the Board on July 26, 1994.
Commissioner Constantine explained that he is uncomfortable
accepting Just an excerpt from the minutes and prefers seeing the
Page
September 27, 1994
entire transcript.
Ms. Lister indicated that the entire transcript Is available but
she did not bring copies.
Commissioner Constantine questioned the reasons why Florida
Cities Water Company would want to restrict the method of odor control
to Just scrubbers?
Ms. Llster replied that the scrubber is the best available tech-
nology presently but expensive so Florida Cities Water Company does
not want to install scrubbers now and then have to constantly make
changes to keep up with latest technology.
Commissioner Norris stated that the original resolution does not
require Florida Cities Water Company to effect changes each time a
more efficient technology is available if that Is their concern.
Mr. Cuyler explained that Resolution 94-533 addresses Installa-
tion but is not as restrictive as Ms. Ltster Implied.
Commissioner Constantine indicated that when he voted in favor of
Resolution 94-533 the understanding was to hold the private utility to
the same rules for odor control under which the County utilities
operate, i.e. correct the odor problems affecting the neighborhood.
Ms. Ltster stated she certainly did not mean to imply that
Florida Cities Water Company would only attempt to control the odor by
Installing the scrubbers and then do nothing thereafter if the problem
is not solved. She explained that an odor problem is not anticipated
after installing the scrubbers but the Board will be back tracking if
the change is not effected in the resolution because it does not
accurately reflect the ruling and an appeal may be pursued if the
scrtvener's error is not corrected.
Commissioner Constantine stated that to pursue an appeal is cer'-
tatnly Florida Cities Water Company's prerogative.
Commissioner Constantine closed the public hearing.
Cos~isstoner Norris moved, seconded by Commissioner Constantine,
that the wording of Resolution 94-533 accurately addresses the intent
of the Board at the public hearing and that the scrtvener's error
Pmg~, 48
September 27, 1994
resolution not be adopted.
Commissioner Saunders indicated that he cannot support the motion
due to the excerpt from the transcript on Page 65 which quotes me as
saying "I think the language that the attorney for the petitioner had
suggested is probably more appropriate. Best available technology
could mean almost anything. I think he's indicated that we use the
scrubber technology and install it pursuant to the manufacturer's
requirements."
Commissioner Constantine stated he cannot determine anything
today with only ten percent (10%) of the transcript available.
Commissioner Volpe explained that Page 70 of the transcript
quotes Mr. Nino as saying "One last issue if I may, Mr. Chairman. The
best available technology will be worked into condition number 5, and
the wording will be left to Florida Power and -- "with Mr. Buhr
correcting Mr. Nino by stating "Cities" and Mr. Cuyler responded He's
already defined on the record, and I believe the board acknowledged
that the --." He indicated that he has difficulty voting on the
motion without seeing the entire transcript first.
In response to Commissioner Matthews, Ms. Student explained that
the finding that a scrivener's error existed by the County Attorney's
Office is based on her listening to the audio tape.
In response to Commissioner Volpe, Ms. Student informed that the
original resolution was prepared by Mr. Nino and she prepared the pro-
posed scrivener's error resolution.
Commiselomer Matthews moved, seconded by Commissioner Saunders
and carried unanimausly, that this item be tabled for one week.
Commissioner Volpe requested that the original Stipulation
Number 5 be included in the agenda package next week.
(2028)
Item #leA2
RESOLUTION 94-709 RE PETITION V-94-13, RICHARD P. HENDERLONG,
REFRJSEMTING REINHOLD AND ERIKA SCHMIEDING REQUESTING A TWENTY FOOT
(20') VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF THIRTY FEET
(30') AND MNTY FOOT (20') VARIANCE FROM THE REQUIRED FRONT YARD
SETBACK OF FIFTY MET (50'} FOR PROPERTY LOCATED AT 183 EUGENA DRIVE,
FURTHER DESCRIBED AS LOT 4, BLOCK L, PINE RIDGE EXTENSION - ADOPTED
WITH ELIMINATION OF LIGHT STIPULATION
Page 49
September 27, 1994
Legal notice having been published in the Naples Daily News on
September 11, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Ron Nino, Planner, stated that this variance is being requested
to facilitate the placement of a tennis court. He indicated that two
(2) letters of objection were received but one has been withdrawn
which leave only one objector whose property is not contiguous to the
subject property.
Mr. Nlno explained that the Planning Commission recommends appro-
val of the variance by a 5/3 vote with the conditions that the
landscape plan delineating a buffer around the tennis court be imple-
mented, a six foot (6') wooden fence be constructed along the east
property line, and no artificial lighting be allowed.
Commissioner Saunders pointed out that two (2) letters of objec-
tion exist from Mr. Miner and Mr. and Mrs. Larson.
Mr. Ntno indicated that neither of the two (2) letters of objec-
tions are from contiguous property owners.
Richard Henderlong, representing Reinhold and Ertka Schmieding,
stated that this request for a variance will provide safe passage
between the principal residence which is under construction and the
tennis court and to preserve two (2) mature pine trees. He pointed
out that this variance is similar to tennis courts in the subdivision
and is compatible with the neighborhood.
Mr. Henderlong mentioned that 16 tennis courts exist in the
neighborhood of which 14 courts do not conform to the setback require-
ments and ll have minimum setbacks of ten feet (lO') or less. Mr.
Henderlong distributed information confirming his fi~tres.
Mr. Henderlong explained that the County does not issue tennis
court permits but regulate them in terms of setbacks and some tennis
courts are not included in the house plans when submitted for permits.
He indicated that tennis courts are discovered sometimes upon inspec-
tion by the Property Appraiser and then they are included in the
records. Mr. Henderlong stated that Mr. and Mrs. Schmieding are
Page 50
September 27, 1994
attempting to be straight forward and complete the process properly.
Mr. Henderlong mentioned that the tennis court at 63 Eugena Drive
is lighted and requested that the Board allow his clients to Install
lighting for their tennis court. He distributed Information on the
lighting proposed to be installed which demonstrates that no light
spillage will occur on the adjacent property. Mr. Henderlong pointed
out that the same proposed lighting is installed at Quail West,
Kensington and Pelican Landing and due to the unique optical design,
glare and side lights have been eliminated as well as annoying spill
light which can be objectionable to nearby residents. He explained
that the design has passed city ordinances with respect to light
pollution as light spt/lage is eliminated.
Mr. Henderlong indicated that meetings were held with the adJa-
cent property owners and no objections were received to the proposed
tennis court. He explained that the Larson property is not adjacent
and Mr. Miner does not appear on the list of property owners within
the 300 foot radius requiring notification of this request; he was not
aware that Mr. Miner had voiced an objection until now.
Mr. Henderlong pointed out that a property owner can mount a
flood lamp on the back of their residence which will spill over onto
adjacent property more than the proposed lighting for the tennis
court.
Mr. Henderlong explained that Mr. and Mrs. Schmiedtng will comply
with the landscape and fence stipulations to this variance but request
that they be allowed to light the tennis court.
Commissioner Matthews closed the public hearing.
Commissioner Saunders moved, seconded by Commissioner Volpe and
carried 4/1 (CommissIoner Norris opposed), that Petition V-94-1S be
approved with the elimination of the light stllmlatton, thereby
adopting Resolution 94-709.
Page
September 27, 1994
(2740)
Item#lSa3
RESOLUTION 94-710 RE PETITION CU-94-7, DAVID S. WILEISON, REPRESENTING
JAMES P. LENNAITE, REQUESTING CONDITIONAL USE 5 OF THE RSF-5 ZONING
DISTRICT TO ALLOW FOR CjustER HOUSING FOR PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF THOMASSON DRIVE AND BAYSHORE DRIVE - ADOPTED
Legal notice having been published in the Naples Dally News on
September 11, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Ray Bellows, Planner, stated that Petition CU-94-7 is a request
to allow 101 single family cjustered dwelling units. He explained
that in 1992, the Planning Commission approved a preliminary sub-
division plat (PSP-91-18) to develop the property into 79 single
family lots conforming with the RSF-5 development standards; however,
due to changing market conditions, the cjuster housing is more
appropriate for this area.
Mr. Bellows Indicated that the subject property is located within
the Urban Coastal Fringe Subdistrict which has a cap of three (3)
units per acre. He mentioned that this requested is at a density of
2.9 units per acres which is compatible with the Growth Management
Plan.
In response to Commissioner Matthews, Commissioner Volpe replied
that the conditional use is where the homes appear on the lot and no
fezone was involved.
Mr. Bellows explained that the lot sizes are being reduced which
is why the conditional use is being requested.
Dave Wilklson, representing James P. Lennane, stated that the
Land Development Code allows for shrinking lots sizes and cjustering
of units but the conditional use process must be utilized.
In response to Commissioner Norris, Mr. Wtlktson explained that
the Justification for the requested increase in units is to make the
project economically feasible. He indicated that the same amount of
preserve area has been maintained and have not altered the site plan
that was approved with the 79 lots.
8C0, -,- 89
Page 52
September 27, 1994
Commissioner Constantine stated that the increase in the number
of units is small and still below the three (S) units per acre
allowed.
Commissioner Constantine closed the public hearing.
Commissioner Norris moved, seconded by Commissioner Saunders and
carried unanimously, that Petition CU-94-7 be approved, thereby
adopting Resolution 94-710.
Page 53
September 27, 1994
(3075)
It~#13A4
R~SOLUTION 9&-711 R~ PETITION CU-94-12, TERRANCE KEPPLE OF BRUCE GREEN
AND ASSOCIATES, INC., REPRESENTING ST. MONICA'S EPISCOPAL CHURCH,
REQUESTING CONDITIONAL USE "1" OF THE ESTATES (E) ZONING DISTRICT FOR
CHURCHES AND OTHER PLACES OF WORSHIP, FOR THE PROPERTY LOCATED ON THE
SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY ONE HALF MILE EAST OF OAKS
BOULEVARD, CONSISTING OF FIVE (5) ACRES - ADOPTED
Legal notice having been published in the Naples Daily News on
September 11, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Sam Saadeh, Planner, stated that the proposed conditional use is
to allow for an expansion of 200 seats to the already approved 300
seat church with the first phase almost completely built out.
Commissioner Constantine closed the public hearing.
Commissioner Volpe questioned whether sufficient parking is
available to accommodate the additional 200 seats?
Mr. Saadeh informed the Board that part of the expansion is to
add additional parking to accommodate 500 parishioners. He explained
that this conditional use is adding the 200 seats to the existing con-
ditional use, a maintenance building, cookout facility and caretakers
residence. He indicated that accessory facilities were allowed
in the first conditional use granted in 1991.
Commissioner Saunders moved, seconded by Commissioner Norris and
carried unanimously, that Petition CU-9&-12 be approved, thereby
adopting Resolution 94-711.
Page 54
September 27, 1994
(3~94)
Item#13A5
RESOLUTION 94-712 RE PETITION V-94-12, TIMOTHY L. CLEMONS OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, REQUESTING A 5.4 FOOT VARIANCE
FROM THE REQUIRED 30 FOOT SIDE YARD SETBACK TO 24.6 FEET AND A
12.1 FOOT VARIANCE FROM THE REQUIRED 50 FOOT REAR SETBACK TO 37.9 FEET
FOR PROPERTY LOCATED SOUTH OF ST. ANDREWS BOULEVARD ON WARREN STREET,
FUROR DESCRIBED AS LOT 25 - ADOPTED
Legal notice having been published in the Naples Daily News on
September 11, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Ray Bellows, Planner, stated that the petitioner is requesting
the side and rear yard variances for an existing effluent irrigation
tank.
Commissioner Constantine closed the public hearing.
Commissioner Norris stated that concern has been voiced by the
neighbors by the Lely plant that this piece of property will allow
expansion of the site and any motion should include a prohibition of
expansion of this sewer plant into the area.
Tim Clemons, Wastewater Director, stated that there is no room on
the subject site for expansion and any proposed work at the site will
require approval by the Board prior to commencement.
County Attorney Cuyler informed that this variance request is due
to a storage tank encroachment.
County Manager Dotrill explained that that storage tank was moved
at the request of the Board in order to effectuate a larger landscape
berm between the plant and the residences.
Mr. Clemons indicated that the County moved the tank as far away
from the homes as possible but got five feet (5') too close to the
golf course maintenance shed which now needs correcting.
Commissioner Constantine explained that this action makes place-
ment of the storage tank legal and In no way acquires more land or has
anything to do with expansion of the plant.
Cosmissioner Norris moved, seconded by Commissioner Matthews and
carrie~ ~raa~l~l~,, tO accept Staff's findings as outlined in the
Page 55
September 27, 1994
~xecuttve S~aaary, prohibit use of the land for future expansion and
that Petition V-94-12 be approved, thereby adopting Resolution 94-712.
Page 56
September 27, 1994
(3449)
ltem i13A6
RESOLUTION 94-713 RE PETITION CU-94-8, ARTHUR C. QUINNELLo
REPRESKNTING PETE ANDERSON, REQUESTING CONDITIONAL USE "4m OF THE
"C-4" ZONING DISTRICT FOR BOAT DEALERS (NEW AND USED) FOR PROPERTY
LOCATED ON THE NORTH SIDE OF TAHIANI TRAIL (U.S. 41) CONSISTING OF
1.04+ ACRES - ADOPTED
Legal notice having been published in the Naples Daily News on
September 11, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Sam Saadeh, Planner, stated this conditional use will allow the
petitioner to operate a boat sales yard for new and used boats. He
informed that the subject property is currently vacant and is the
former Bob Taylor's used car lot site. Mr. Saadeh indicated that the
existing 28'x40' structure will be renovated and a parking lot will be
restrtped; no additional structures will be built.
Mr. Saadeh informed the Board that the Collier County Planning
Commission reviewed and approved this petition subject to the stipula-
tions incorporated into the resolution of adoption.
Commissioner Volpe questioned if there is a limit on the number
of used and new boats that can be displayed in the parking area?
Mr. Saadeh indicated that a limitation has not been placed on the
number of boats displayed.
County Manager Dotrill stated that the number of parking spaces
required relative to the square footage of the building will limit the
number of boats displayed.
Mr. Saadeh explained that the petitioner will have to comply with
the parking ratio of the Land Development Code.
In response to Commissioner Volpe, Mr. Saadeh informed that
whether there will be repair activities on-site is not part of the
petit/on but traditionally some repairs are performed on-site. He
indicated that the resolution contains a stipulation restricting any
repair work performed at the location to the back of the lot.
Commissioner Volpe questioned what this type activity may have on
ingress and egress to that corridor of U.S. 417
Page 57
September 27, 1994
Mr. Saadeh indicated that the petitioner must obtain approval
for access from the Florida Department of Transportation (FDOT) which
is included as a stipulation in the resolution and must donate right-
of-way. He stated that Staff was concerned with this access issue
because presently there are three (3) access points.
Art Quinnell, representing Peter Anderson, stated that he met
with FDOT on September 26, 1994 and only two (2) approaches will be
allowed, one way in and one way out, thereby eliminating left turns by
east bound traffic on U.S. 41.
Mr. Quinnell explained that there will not be many boats on
display and repairs are only performed on boats incidental to sales.
Commissioner Norris stated that a noise problem is usually asso-
ciated with running of motors.
Mr. Quinnell explained that there is running of motors but is
minor because they must be run with fresh water in that area which
limits the length of time the motors can run.
In response to Commissioner Constantine, Mr. Saadeh replied that
this request is similar to the operation of boat sales facility near
Enterprise Avenue and Airport Road.
Mr. Quinnell informed that Suncoast Marine, who is the owner of
this tract, exists on Enterprise Avenue approximately 200 to 300 feet
off Airport Road.
Commissioner Volpe voiced concern with aesthetics in that area.
Mr. Saadeh stated that aesthetics is addressed in that the
existing building is an eyesore which will be eliminated and
landscaping is being added per Code.
In response to Commissioner Volpe, Mr. Quinnell replied that a
chain link fence will be installed but back from the road approxima-
tely in line with the face of the building. He indicated that with
the in and out approach system which was designed per FDOT standards,
an island of trees and shrubbery can be placed between the building
Page 58
September 27, 1994
Commissioner Constantine closed the public hearing.
Comstsstcmer Saunders moved, seconded by Commissioner Norris and
carried unanimously, that Petition CU-94-8 be approved, thereby
adopttn~ Resolution 94-713.
Page 59
September 27, 1994
Item #14A
FISHERNEN'S ASSOCIATION REGARDING A RESOLUTION PASSED BY PASCO
COUNTY - RESOLUTION TO BE CONSIDERED AT OCTOBER 25, X99& MEETING
Commissioner Constantine informed the Board that he has scheduled
a resolution for consideration by the Board for the October 25, 1994
meeting regarding commercial fishing in Collier County.
Commissioner Norris stated that the Board should not get involved
in the commercial fishing issue.
Commissioner Constantine stated that some action for or against
should be taken.
Commissioner Volpe indicated that he is not opposed to discussing
a resolution on commercial fishing but the issues of casino gambling,
tax cap amendment and other constitutional amendments to appear on the
ballot in November should also be addressed if the intent is to
express the will of the Board and give citizens direction. He
questioned why net fishing should take priority over other crucial
legislation?
Commissioner Constantine explained that this constitutional
amendment impacts 13 counties, including Collier County, which repre-
sents a significant economic impact to the community.
Commissioner Matthews pointed out that this legislation will
affect the significant fishing industry of East Nap]es, Goodland, and
Everglades City.
(286)
Item #14B
UPDATE ON THE GLADES UTILITIES ISSUE - COUNTY TO FILE APPEAL AFTER
ORDER IS SIGNED BY COURT; STAFF PURSUING ALTERNATE SITES
Commissioner Matthews requested an update on the Glades utilities
issue.
County Attorney Cuyler stated that the complaint includes a Count
For InJectment and Inverse Condemnation. He indicated that the
County requested a jury trial who found in favor of Mr. Hubschman but
the Court has not issued an Order and the County is prepared to file a
Page 60
September 27, 1994
Notice of Appeal upon signing of same.
Mr. Cuyler explained that if the County is not successful upon
Appeal then the Inverse Condemnation claim dates back to last summer
when the property owners first requested that the County vacate the
property due to failure to appropriately renew the agreement.
Commissioner Constantine Indicated that Mr. Hubschman and he have
discussed a number of different options such as the County purchasing
land at Santa Barbara Boulevard but some initial cost up front is
involved and would not be a permanent home because the property is an
activity center. He stated that talks are continuing.
Tim Clemons, Wastewater Director, stated that Staff contacted the
Department of Environmental Protection (DEP) regarding the County
vacating the Glades site, what the requirements would be and if the
ponds at the sewer plant itself could be utilized in lieu of the
Glades site. He informed that the ponds at the plant are permitted as
reject storage and that the Davis Boulevard ponds could be utilized
but like size ponds will be required as replacement somewhere without
infringing on the reject storage at the plant.
Mr. Cuyler stated that an Appeal could take six (6) months so the
County has at least that long to look for alternate sites should the
Appeal not be in the County's favor.
Commissioner Volpe stated that Staff needs to effect a plan of
act/on for alternatives in case the County should lose the Appeal.
see Commissioner Norris moved, seconded by Commissioner Volpe and
carried unanimously that the followtn~ Items under the consent agenda
be a~Fxov~d and/or adopted.
Item
RESOLUTION 94-696 AUTHORIZIN6 FINAL ACOEPTANCE OF THE ROADWAY,
DRAINAGe, WATER AND SEWER IMPROVEMENTS IN THE OLD GROVES ROAD, RELEASE
OF TH~ !~AINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SgWER IMPROVEMENTS
THAT AR~ NOT REQUIRED TO BE MAINTAINED BY THE HO~EO~NERS ASSOCIATION
See Pages 1,
Item
ACCEPTANCE OP WATER FACILITIES FOR MARQUESA, A/E/A LOBLOLLY BEND -
WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY
s,, P,g,, 3
Page
September 27, 1994
Item #16A3
RESOLUTION 94-697 AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY
DRAINAGE, WATER AND SEWER IMPROVEMENTS IN QUAIL WEST UNIT ONE,
BLOCIS D, E AND F, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING
THE MAIITrENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND
SEWER IMPROv~au~xS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE
EOMEOMNERS~SOCIATION
Item eZ6A4
RESOLUTION 94-698 PROVIDING FOR ASSESSWENT OF LIEN FOR THE COST OF THE
ABATEMENT OF FUBLIC NUISANCE, COMPLIANCE SERVICES CASE N0. 20714-082,
RECORD OWNER: FETRUS P. LAP
See p,ge,
Item #16A5
FINAL FLAT OF "FALCON RIDGE" - WITH THE STIPULATIONS AS LISTED IN THE
EX~CUTIVB SUMMARY
See Pages
/ ,3 /-3 7
Item/16B1
EXFENDITURES AND ~S WITHIN MSTD FUND 102 AS APPLICABLE TO THE
PUBLIC PETITION OF NITA ON AUGUST 16, 1994 - WITH THE STIPULATIONS AS
LISTED IN THE EXECUTIVE SUW~IARY
Item 11682
BID leo. 94-2272 AWARDED TO RAEeS GREENSCAPES IN THE ANNUAL AMOUNT OF
$20,558.58 FOR WEDIAN AND SELECTED PUBLIC AREA GROUNDS MAINTENANCE FOR
THE LELY GOLF ESTATES BEAUTIFICATION M.S.T.U.
Item #16C1
APPLICATION FOR FY 1995 LIBRARY OPERATING GRANT (STATE AID TO
LIBRARIES) ADMINISTERED BY THE STATE LIBRARY OF FLORIDA
Item #16C2 - Moved to Item
Item #16C3
ACCEPTANCE OF A SPECIAL WARRANTY DEED AND BILL OF SALE BY AND BETWEEN
WCN COWI~UNITIES, INC. AND COLLIER COUNTY CONVEYING THE PROPERTY AND
IMFROVEMEITfS KNOWN AS PELICAN BAY COMMUNITY PARK
Item#16D1
BUDGET J%,~. .... x IN THE AMOUNT OF 890,000 FOR THE SOUTH COUNTY
REGIOIALWaSTBWATER TREATMENT FACILITY
Page 62
September 27, 1994
Item#16D2
BUDGET AMENEe(KNT IN THE AMOUNT OF 849,000 FOR THE MARCO WATER-SEWER
DISTRICT
Item #16D3
ADDENDUM NO. 2 TO THE AGREEMENT FOR DELIVERY AND USE OF TREATED
WASTEWATER ElrFLUEET FOR SPRAY IRRIGATION WITH WINDSTAR CLUB, INC.
Item t16D4
See Pages
BID leO. 94-2257 AWARDED TO COLLIER ELECTRIC COMPANY, E.B. SIMMONDS
ELBCTRICAL AITD PHELPS ELECTRIC, IN THAT ORDER, IN AN ESTIMATED ANNUAL
AMOUNT OF 850,000, FOR ON-CALL EMERGENCY ELECTRICAL REPAIRS
Item #16D5
ROTICE OF FROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER
IMPACT FEES FOR ALETHEA YACHT CHARTERS, INC., A DELAWARE CORPORATION
Item
SATISFACTIONS OF CLAIM OF LIENS FOR RAK ENTERPRISES
153 -
Item #16D7
SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND
PAYMENT OF WATER AND/OR SEWER IMPACT FEES FOR ADG DEVELOPMENT GROUP,
PAUL AND ANNA ANEROM AND FRANCIS AND HELEN FOX, CARLOS AND VKRONICA
ARREAGA, MARIA BENDUNE, JAMES AND MARGARET CARPENTER, RAYMOND F.
ERICF~SOR, JORDAN AND PATRICIA JOHNSON, WILLIAM MCDANIEL, SR. AND
WILLIAM MCDANIKL, JR., ROBERT AND VEDA MCKELLAR, RICHARD AND BOBBI
MITCHELL, LISBETH AND EVANDER MOORE, WILLIAM AND NORHA PATTERSON, JON
AND KIN RAY, RUEY AND PAULA SALVI, MARIE H. SMALLWOOD, WESLEY AND ERMA
SMITH, CARLTON AND BARBARA TEMBY, ARTHUR AND VIRGINIA WOODY, AND
CHARLIB WYCH~
Item e16D8
E-~,R~mx NDMBER 4 TO STATE REVOLVING LOAN FUND AGREEMENT FOR EAST AND
SOUTB NAPLES SEWER PROJECT REVISING TOTAL LOAN AMOUNT TO
814,292,640.63 INCLUDING CAPITALIZED INTEREST AND REVISING THE ANNUAL
DENT S*I~rV'ICE PAYMENT TO 81,060,598.53
Item 816D9
CLAIMS OF LIEN FOR THE ENFORCEMENT OF THE NOTICE TO CONNECT TO COLLIER
COUFTY SEWER FACILITIES AND NOTICE OF IMPACT FEE STATEMENT FOR THE
HAST AND SOUTH NAPLES SANITARY SEWER PROJECT
September 27, 1994
Item #16DlO
TWO BUDGET ~~a~S IN TEE AMOUNTS OF 830,000 AND 8100,000 IN
FUNDS 408 AND 414 TO PROPERTY ACCOUNT FOR REFUNDS OF PRIOR YEAR
Item e16E1
BID NO. 94-2270 AWARDED TO ENVIRONMENTAL CARE, INC. IN THE AMOUNT OF
8103,296 FOR GROUNDS MAINTENANCE SERVICES AT THE MAIN GOVERNM~qTr
CENTER
Item #16E2
SECOND AMENDMENT TO AGREEMENT AND THIRD AMENDMENT TO AGREEMENT
PROVIDING FOR AN EXTENSION TO COMPLETE THE SHERIFF'S OFFICE
MULTIPURPOSE TRAINING FACILITY
Item #16E3
BID NO. 94-2214 FOUR ANNUAL AGREEMENTS FOR TITLE COMMITMENTS WITH
TROPICAL TITLE INSURANCE AGENCY, INC., MIDWEST TITLE GUARA/TTEE COMPANY
OF FLORIDA, INC., STEWART TITLE OF FORT MYERS, INC., (DBA STEWART
FIDELITY TITLE COMPANY), AND ISLAND TITLE GUARANTY AGENCY, INC. (DBA
ISLAND TITLE)
Item #I6F1
TWO TOWER LEASE AGREEMENTS IN TEE AMOUNT OF 83,600 AND 3,300 ANNUAL
RENTS BETW~ENPALMER COMMUNICATIONS, INC., RADIO STATION WNOG AND
COLLIER COUNTY FOR THE CONTINUED USE OF A RADIO TOWER LOCATED AT
WHITa~ ROAD, BAST NAPLES
Item 116G1
CHANGE ORDER NO. 3 TO THE ORIGINAL AGREEMENT WITH LAW ENVIRONMENTAL,
INC. FOR ENGINEERING/ENVIRONMENTAL WORK IN WATER MANAGEMENT DISTRICT
NO. 6 (LELY AND LELY MANOR BASINS) IN THE AMOUNT OF $2,089.43
INCREASING THE TOTAL CONTRACT AMOUNT TO $199,546.43
See Pages
Item
CONTRACT RENEWAL WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(FOEP) TO CONTINU~ TO PERFORM PETROLEUM STORAGE FACILITY ASSESSMENTS
WXTEXN THE COUNI'~ IN RETURN FOR FUNDING NOT TO EXCEED 8130,036
Item#16H1
See Pages
126
Page 64
September 27, 1994
CHAII(ZM ORDER NO. 5 (FINAL) TO THE CONSTRUCTION CONTRACT WITH STEVENS &
LAYTON, INC. FOR THE EAST GOLDEN GATE WELLFIELD EXPANSION CONTRACT 2
PROJECT AND AUTHORIZING PROJECT MANAGER TO EXECUTE SAID CHANGE ORDER
IN THE AMOUNT OF $59,551.90 INCREASING THE TOTAL CONTRACT AMOUNT TO
$2,473,962.90
Item#16H2
SUFPLMMKITAL AGRs~R~ NO. 4 WITH KIMLEY-HORN AND ASSOCIATES, INC.,
FOR FINAL D~SIGlt SERVICES FOR GOLDEN GATE PARKWAY SIX LANING
IMPROV~aiS (JUNCTION OF GOODLETTE-FRAJTEROAD TO C.R. 31), COUNTY CIE
PROJECT NO. 005, IN THE AMOUNT OF 87,050 INCREASING TITM TOTAL CONTRACT
AMOUFE' TO 8423,737.68
Item #16H3
CONSTRUCTION COIlTRACT, BID NO. 94-2274, AWARDED TO BETTER ROADS, INC.,
IN TMB I~!Oumi OF 878,433 FOR AARON LUTZ PARK IMPROVEMENTS
Item l16J
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence was filed and/or
referred as presented by the Board of County Commissioners:
Page 65
September 27, 1994
Item el6J1
SATISF&CTIOll OF LIB FOR SMRVICES OF TFIM PUBLIC DEFENDMR
See e.gesF -3//
It~ #16K1
EXECUTE SATISFACTION OF LIEN DOCUMENTS
See Pages 3/~ ' ~/~
Item #16K2
BUDGET AMEMDMIqlT IN THE AMOUNT OF 8329,000 TRANSFERRING FUNDS WITHIN
THE SMmM~IFF'S BUDGET FROM THE LAW ENFORCEMENT PORTION TO THE
CORRM~TIOMB PORTION
Item #16K3 mevm~ to #11A
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 5:30 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
TI C NTINE
or as corrected
, CHAIRMAN
Page 66