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BCC Minutes 08/09/1994 R Naples, Florida, August 9, 1994 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created accordinG to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Timothy J. Constantine VICE-CHAIRMAN: Betrye 3. Matthews 3ohn C. Norris Michael J. Volpe Burr L. Saunders ALSO PRESENT: Marilyn Fernley, Sue Barbirettt and Ellie Hoffman, Deputy Clerks; Nell Dotrill, County Manager; John Yonkosky, Assistant to the County Manager; Ken Cuyler, County Attorney: Bill Lorenz, Environmental Services Administrator: David Russell, Acting Solid Waste Management Director; John Drury, Airport Authority Executive Director; Fred Bloetscher, OCPM Project Manager; Wayne Arnold, Acting Site Plan Review Director: Dick Clark, Interim Community Development Services Administrator; Bob Mulhere, Acting Current Planning Manager; Mike McNees, Acting Utilities Administrator; Mike Newman, Water Director; Mike Smykowskl, Acting Budget Director; Steve Lenberger and Barbara Burgeson, Environmental Specialists; Jerry Neal, OCPM Engineering Project Manager; Chahram Badamtch]an, Planner; Deputy Rosa Hernandez-White, Collier County Sheriff's Office: and Sue Filson, Administrative Assistant to the Board. 01 Page i '/"' August 9, 1994 Taim #1 (26) Ztem #2 AGFJfDA - A~FP, OV~D WITH CHJ~NGES Commissioner Saunders moved, seconded by Commissioner Matthews and carried 4/0 (Commissioner Volpe out), to approve the agenda with the ch&nges as detailed on the Agenda Change Sheet, and the following additional tteas: 1. Item #8H4 and Item #8H5 - Regarding bond refinancing to be heard at 10:30 AM. 2. Item #10D - Discussion on Marco Island Airport Page 2 August 9, 1994 (108) Item #2A CON3ENT AGENDA - APPROVED AND/OR ADOPTED The motion for approval of the consent agenda is noted under Iten #16. (109) Item #3 MINUTES 09 THE REGULAR MEETING OF JUNE 28, 1994 - APPROVED Commissioner Norris moved, seconded by Commissioner Matthews and carried 4/0 (Commissioner Volpe out), to approve the Minutes of the Regular Meeting of June 28, 1994. (113) Item #4A BMPLOYEE SERVICE AWARDS - PRESENTED Commissioner Norris congratulated the following employee for service with Collier County Government: Van Weeks - 5 Years, Uttltty Services Division Presented (137) Item #4B RECOGNITION OF ROBERT STRINGER, COMMUNITY DEVELOPMENT SERVICES DIVISION, AS EMPLOYEE OF THE MONTH FOR AUGUST 1994 - RECOGNIZED Commissioner Constantine congratulated and recognized Robert Stringer, Community Development Services Division, as employee of the month for August 1994. Mr. Stringer was presented with a plaque and a check In the amount of $50.00. (193) Item #40 L~ROCLAMATION DESIGNATING THE WEEK OF AUGUST 15-19, 1994 AS FLORIDA $eATER AND POLLUTION CONTROL OPERATORS WEEK - ADOPTED Upon reading of the Proclamation, Commissioner Matthews moved, smeconded by Commissioner Norris and carried 4/0 (Commissioner Volpe out), that the Proclmmatton designating the Week of August 15-19, 1994 am Florida Water and Pollution Control Operators Week be adopted. Proclamation accepted by Timothy Hopper and Batty Ertckson, Page 3 August 9, 1994 Collier County Staff, and Eric Nixon, Florida Water and Pollution Control, Region VIII. Page 4 '-"* August 9, 1994 Item BUDGrE AMENDMENT 94-578 - ADOPTED Acting Budget Director Mike Smykowski requested adoption of one (1) routine Budget Amendment as shown in the Executive Summary. Commissioner Norris moved, seconded by Commissioner Saunders and carried unanimously, that Budget Amendment 94-578 be adopted. (283) Item #6 CLERK'S REPORT - NO ACTION TAKEN Commissioner Constantine stated that the Clerk's Report is for informational purposes only. Item #8D1 - Continued to August 16, 1994 (294) Item #BG1 PAYMEF~ FOR ADDITIONAL COSTS FOR CONTRACT 94-2161 ENTITLED "IMMOKALEE LA]TDFILL CELL 2, PHASE II, LEACHATE COLLECTION SYSTEM" - APPROVED BIll Lorenz, Environmental Services Administrator, stated that the contract for the Immokalee Landfill Cell 2 has been exceeded by $82,237.23, increasing the contract amount from $348,664.84 to $430,902.07, which represents a 24 percent increase. Mr. Lorenz indicated that the added expense is for additional fill material necessary to complete the Job because the original esti- mate was under by approximately 9,000 tons. Mr. Lorenz explained that the project was approved by the Florida Department of Environmental Protection under the existing construction permit which expires September 20, 1994 and the project was under a time restraint, plus the rainy season created the potential for pro- Ject delays. He stated that authorization was given to the contractor to proceed with the work so that the request before the Board today is for an after-the-fact approval. In response to Commissioner Constantine, County Manager Dotrill Page 5 August 9, 1994 stated that disciplinary action is being pursued but the field engineer used reasonable Judgment in trying to complete a time sensitive project. He indicated that the State rules in respect to landfills is changing soon which will require construction activity on cells after September 30, 1994 to meet the new double liner rules. Mr. Dorrill stated that the engineer was procedurally wrong, an analy- sis of the situation is underway and should indicate whether discipli- nary action is required. In response to Commissioner Volpe, Mr. Lorenz informed the Board that an in-house engineer provided the incorrect estimate of the amount of fill required and performed the design work. Mr. Dotrill explained that the flawed estimate dealt with the compaction and moisture content of the soil being placed on the bottom of the cell and did not include fill necessary for the side slopes and perimeter berm which also required covering. Commissioner Matthews pointed out that a miscalculation by an engineer of 24 percent is large. Mr. Lorenz indicated that the factors in the shortfall of the original estimate are: 1. There was a difference between the plan dimensions used to estimate the job and the actual field dimensions. This job consisted of adding a drainage system and sand fill material to an existing cell constructed previously and used as a retention pond. The prints for the construction of the cell were used to estimate the Job. 2. The original estimate addressed the quantity required to cover only the floor of the cell. The inside slopes and perimeter berm also required covering. An estimated 2,600 tons were used for this project. 3. Factors for settlement, moisture content and compaction should have been given more weight in the original estimate calculations. David Russell, Acting Solid Waste Management Director, stated that the original prints from 1989 were utilized for the fill esti- mates rather than obtaining an accurate, surveyed, as-built plan which accounts for some of the difference. He explained that the cost of the project could have doubled if the County had not completed the project by September 20, 1994 and had to comply with the double liner Page 6 August 9, 1994 rule. Commissioner Saunders moved, seconded by Commissioner Norris and carried unanimously, that payment in the amount of $46,372.0? for the additional costs for Contract 94-2161, Immokalee Landfill Cell l, Phase IX, Leachate Collection System, be approved. (594) Xtem #8D2 E~DGET AN~NDMENT RESQEUTION BAR-9&-26 FOR COUNTY WATER DISTRIEUTXON DEPJLRTI(EWT - ADOPTED Mike McNees, Acting Utilities Administrator, stated that Budget Amendment Resolution BAR-94-26 is a housekeeping item but is on the regular agenda because the amount of money involved is $125,000. He explained that Staff is requesting the Board appropriate $83,000 in excess meter tapping charges, which is available because of more meter installations than predicted, to pay for the cost of the meters. Mr. McNees requested that the Board also fund from Reserves $2?,780 for expenses that the Water Distribution Section incurred relative to the investigation and resolution of the sand problem in the County well water main to the north plant. Mr. McNees acknowledged the accomplishments of Phil Cramer and Mark Nobles, Water Distribution Section, who found, diagnosed and solved the problem of sand in the well water main. Mr. McNees stated that an additional $15,000 from Reserves is required to fund the Water Distribution Section for the remainder of FY 93-94 which has a total budget of $1.7 million. In response to Commissioner Norris, Mr. McNees informed that the County can only spend the appropriated amount of money based on the estimated amount of meter installations to be performed. He explained that Board approval is required An order to increase the appropriation and utilize the monies. Commissioner Matthews questioned if the unanticipated meter installations generated a large amount of overtime and whether the fees charged are enough to cover the overtime required7 Page 7 August 9, 1994 Mike Newman, Water Director, stated that a significant amount of overtime was involved in the unanticipated meter installations. He explained that the fees charged are figured by the reviewing con- sultant who compares the total cost to the County for installing the meters to the number of meters installed without regard to whether the installation occurs on straight time or overtime. In response to Commissioner Matthews, Mr. McNees indicated that growth has been close to that anticipated but this particular item was not budgeted at the growth level used for other items. Mr. McNees stated that an additional distribution crew would be welcomed by Mr. Newman but the Board has not granted additional staffing over the past few years during the budget process. He pointed out that the County does recover the cost for meter installa- tions on an average. Mr. Dotrill stated that the Board may want to again give con- sideration to additional staff for Water Distribution and a similar overtime problem exists in Wastewater. He explained that an analysis can be performed similar to that performed for EMS. Mr. Dotrill indi- cated that budget analysts routinely review overtime in Utilities and EMS because they are shift sensitive. Commissioner Norris moved, seconded by Commissioner Volpe and carried unanimously, that Budget Amendment Resolution BAR-94-26 be adopted. Commissioner Matthews expressed appreciation for a job well done by the Water Treatment Plant personnel in solving the sand problem. ', Page 8 August 9, 1994 Item #8H1 - Deleted (936) Item #8H2 FIVE (5) YEAR AERONAUTICAL AIRPORT ENGINEERING AND DESIGN CONTRACT BETWHEN TH~ COLLIER COUNTY AIRPORT AUTHORITY AND DUFRESNE-HENRY, INC. - APPROVED WITH CHANGE John Drury, Airport Authority Executive Director, stated that a three (3) month selection process for the engineering and design team to complete projects at the Immokalee and Everglades Airports has been completed. He explained that the contract is consistent with other engineering and design contracts awarded by the County. Mr. Drury stated that the contract is for a five (5) year period with annual renewals at the discretion of the County. Mr. Drury explained that Federal Aviation Administration criteria must be followed when selecting airport design teams to ensure that Federal grants can be applied to all fees up to 90 percent. He indi- cated that a short listing and then interview process were conducted with the top three (3) firms ranked as indicated in the Executive Summary. Commissioner Volpe questioned if objective criteria exists by which to measure the performance of the firm selected and, if not, why not include a termination clause? County Attorney Cuyler pointed out that a termination clause exists within the Professional Services Agreement indicating the contract can be terminated, without cause, upon seven (7) calendar days written notice. In response to Commissioner Volpe, Mr. Drury explained that at the end of each year, the consultant will submit a new rate sheet with hourly rates for each employee and subcontractor which is negotiated. He indicated that Staff contacted Charlotte County Airport, Glades Airport and the Department of Transportation to determine what airport engineering firms in Southwest Florida are charging on an hourly rate and found that rates proposed by Dufresne-Henry, Inc. are consistent with the results of that survey. Page 9 AugUst 9, 1994 Mr. Drury stated that in May 1994 the Board allocated $291,694 for designing and engineering of all the projects that are backed by grants which only includes the Immokalee and Everglades Airports at this time. He indicated that in FY 94-95 project inspection for the Immokalee and Everglades Airports will be budgeted as well as design and engineering for the Marco Island Airport. Commissioner Matthews indicated that reference is made to requiring the consultant to lease space in Collier Commerce Park and questioned if the request is because of the location of the Airport Authority Offices? Mr. Drury answered in the affirmative and indicated that a team approach is critical to the projects the first year. Mr. Dotrill stated that excess space in the Utilities Offices which is leased may become available and a sublet arrangement is being investigated. Commissioner Matthews moved, seconded by Commissioner Norris that the five (5) year Aeronautical Airport Engineering and Design Contract batwmen the Collier County Airport Authority and Dufresne-Eenry, Inc. be approved. Mr. Drury stated that Page 10 of the Agreement, Paragraph 4.1, reads "Each renewal shall be for one (1) year, must be agreed upon..." He indicated that "agreed upon" needs to be replaced with "approved" and the paragraph further reads "...in writing by both parties..." He stated that "both parties" needs to be replaced with "the Authority." Mr. Drury pointed out that both changes have been recommended by the County Attorney to make the renewal process completely at the CountW's option. Commissioner Matthews amended her motion and Commissioner Norris aaended his second to the motion to include the language changes. Upon call for the question, the motion carried S/0. Page 10 August 9, 1994 (1356) Item #8H7 TRAVEL REQUEST FOR THE CHAIRM/~N OF THE COLLIER COUNTY AIRPORT AUthORITY TO ATTEND A MEETING AT THE HEADQUARTERS OF THE ECONOMIC DEVELOPMENT ADMINISTRATION IN ATLANTA, GA, TO SECURE A $584,300 ECONOMIC DEVELOPMENT GRANT FOR IMMOKALEE REGIONAL AIRPORT - APPROVED Commissioner Constantine indicated that this item is in the amount of $350 for the chairman of the Airport Authority to attend a meeting in Atlanta, GA, with the possibility of securing a $584,300 grant for the Immokalee Regional Airport. Commissioner Saunders moved, seconded by Commissioner Matthews and carried unanimously, that the travel request for the chairman of the Collier County Airport Authority to attend a meeting in Atlanta, GA, be approved. (1375) ltemt #8H3 CI[ANGE ORDER NO. THREE (3) TO THE NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT EXPANSION PROJECT WITH MILMIR CONSTRUCTION, INC., FOR TEE INSTALLATION OF A FUEL DEPOT ON THE SOUTH SIDE OF THE ENTRANCE ROAD INT0 THE PLANT PROPERTY FROM GOODLETTE ROAD - CONTINUED TO AUGUST 16, 1994 MEETING Fred Bloetscher, OCPM Senior Project Manager, stated that Change Order No. Three to the North County Regional Wastewater Treatment Plant Expansion Project contract with Mllmir Construction represents a request from the Fleet Management Department and Utilities Division for a fuel depot, consisting of two (2) 2,500 gallon tanks (one for gasoline and one for diesel fuel), at the plant site. He indicated that the Contractor has agreed to install the fuel depot at a cost of $78,000 of which $13,630 will be paid by the Utilities Division. Mr. Bloetscher mentioned that the fuel depot will be located on the right (south) side of the entrance road to the plant off Goodlette Road and no construction activity is taking place on that side during the expansion project. County Manager Dotrill stated that the system must be compatible so that different accounts can be set up to supply fuel for the Sheriff's Office, School Board, Fire District, etc. Page 11 August 9, 1994 Mr. Bloetscher explained that the Fleet Management Department supplied the design perimeters for the fuel depot. In response to Commissioner Norris, Mr. Bloetscher replied that the request was made for an additional fuel depot because of the distance to travel to Barton Collier High School which is the nearest fuel depot location and a fuel depot further north would be more convenient. Commissioner Norris pointed out that the trip to Barton Collier High School is only six (6) miles and $80,000 is a large expenditure just to save someone a six (6) mile trip. Mr. Dotrill stated that the Sheriff's Office wanted to construct a fuel facility in North Naples which brought about this request. He ~:xplatned that a Joint agreement exists with the City of Naples and the School Board but access after-hours at the school facility is questionable and the only other fueling facility is on County Barn Road. Commissioner Norris explained that before expendtng $80,000 for two (2) fuel tanks, associated pumps, and a 300 foot road for access, the cost should be shared by the Sherlff's Office and the School Board if they are also going to utilize the facility. Commissioner Volpe stated that the proposed fueling facility may require relocation at a future date because of planned expansions in the North portion of the County. He explained that if access to the fuel depot located behind Barton Collier High School after hours is an issue, certainly the Shertff's Office should be trusted with a key. Commissioner Volpe recommended a better location for an additional fuel depot may be Orange Blossom Drive due to the proximity of the Capital Projects Office, Animal Control and the substation for Transportation Services. Commissioner Matthews pointed out that discussions have been held regarding moving the County Barn Road facility and should the move occur, the proximity of the new location regarding accessibility needs to be investigated to meet the needs throughout the County. Page 12 August 9, 1994 Mr. Dorrtll stated that a plan exists which will be provided. He indicated that the North Naples Fire District has expressed interest to acquire a portion of the proposed North County site. Cosuaisaioner Volpe moved, seconded by Commissioner Norris and carried unanimously, that the item be continued to the meeting of August 16, 1994 to allow Staff to provide additional infoxmtion/Justification to the Board. Item #8H6 - Continued to August 16, 1994 (1721) Item #10A RESOLUTION 94-579 APPOINTING JA~E$ D. ALLEN, JR. TO THE BOARD OF BUILDING ADJUSTMENTS AND APPEALS - ADOPTED Administrative Assistant to the Board Filson stated that there is one (1) opening on the Board of Building Ad3ustments and Appeals. She indicated that two (2) resumes were received but only one (1) applicant meets the minimum requirements for appointment, James D. Allen, Jr. Commissioner Matthews moved, seconded by Commissioner Volpe and carried unanimously, that James D. Allen, Jr. be appointed to the Board of Building Adjustments and Appeals, thereby adopting Resolution 94-579. Page 13 (1749) Item #10B EXTRA GAIN TIM~ - CONTINUED TO AUGUST 16, 1994 August 9, 1994 County Attorney Cuyler stated that a memorandum is forthcoming from the County Attorney's Office regarding extra gain time. Mr. Cuyler explained that three (3) inmates are eligible for extra gain time but Rosalinda Martlnez has been released. He indi- cated that the extra gain time for Howard Wade should be continued. Commissioner Constantine pointed out that at times the release date precedes the Board meeting. He questioned how that occurs and why the extra gain time takes three to four {3-4) weeks after being received in the Board office before appearing on the Agenda? Mr. Cuyler stated that the information will be contained in his memorandum but indicated that Ms. Martinez was probably released without the extra gain time because the Board did not approve same. Mr. Cuyler stated that the third inmate eligible for extra gain time is Gregory Montgomery and Board action will affect his release date. Administrative Assistant to the Board Fi]son explained that the extra gain time for the subject inmates on the Agenda have been con- tinued for three (3) weeks which is why Ms. Martinez's release date preceded the Board meeting. She indicated that she was unaware of the delay in placing the extra gain time on the Agency after being received in the Board office but will investigate the problem. Commissioner Constantine stated that he prefers not granting extra gain time until the memorandum is received from the County Attorney's Office. Commissioner Matthews moved, seconded by Commissioner Saunders and Carried unanimously, that the extra gain time requests be con- tinued to August 16, 1994. (1890) Item #1CC DISCUSSION REGARDING EMPLOYEE OLYMPICS PICNIC - STAFF TO PRESENT PLAN BEFORE =~r~ END OF AUGUST 1994 Page 14 August 9, 1994 Commissioner Constantine stated that the Board stopped holding a Christmas Party for County employees years ago because of financial implications. He explained that each year the Board struggles with employee raises and suggested that a family day picnic at one of the community parks would be good for morale and departmental spirit. Commissioner Constantine indicated that the word Olympics was used to encourage some competition between the departments whether in the pool or the softball field. He stated that no cost should be incurred if attendees paid $5.00 to cover the cost of hamburgers and hot dogs. County Manager Dorrtll stated that interest has been expressed for holding a function similar to the one suggested and Norris Ijams, Emergency Services Administrator, has agreed to form a panel of employees to ascertain interest and formulate plans. He explained that in the late 80's the Board underwrote a portion of the cost for two {2) annual events, Summer Family Picnic and Christmas Dinner/Dance but was discontinued four to five (4-5) years ago. Commissioner Volpe stated that he supports the idea and explained that the Christmas dinner/dance was discontinued when the Board was requested to appropriate $6,000 of taxpayer monies to fund such an event. Mr. Dotrill stated that the employees are not requesting any type subsidy just whether the Board is interested and would attend such an event. Commissioner Constantine suggested that Mr. Dotrill pursue the issue for September or October. Commissioner Saunders stated that he would not oppose minor supplement by the Board for a family picnic event because employee morale is important. Mr. Dotrill pointed out that the law prohibits alcohol consump- tion at community parks and the employees will be required to adhere to same. Mr. Dotrill stated that the plan will be presented to the Board e ore the end of August.53 Page 15 August 9, 1994 Recessed: 10:05 A.M. - Reconvened: 10:30 A.M. at which time Deputv Clerk Ba=btTettt replaced Deputy Clerk Fernley (2163) Item #10D DISCUSSION ON MARCO ISLAND AIRPORT - AGREEMENT APPROVED IN CONCEPT, STAFIP TO REVIEW AGREEMENT AND PRESENT FINDINGS AT SEPTEMBER 6, 1994 MEETING Commissioner Constantine stated that he had discussions with a number of State representatives last week. He thanked Virginia Weatherell, Secretary of the Department of Environmental Protection (DEP), who was extremely responsive to the problem. He said that they developed an agreement that serves the purpose of the County and State. He advised that the trade of the Marco Island property and the Fahkahatchee Strand property will still take place. Commissioner Constantine recalled that the agreement discussed last week calls for no gates on Janes Scenic Drive. He said that the road would be posted and closed from dusk to dawn and explained that the residents that live in the area would be allowed access utilizing a permit system. He said that the County will agree to increase patrols in cooperation with the State Park Department. He stated that the initial agreement would be for a period of two years and the agreement would require the County to vacate the road to the State with the following allowances; a two year period to set specific cri- teria to measure the effectiveness of the patrols against poaching, a bi-annual written updates from the Parks Department to check progress and at the end of the two year period, the Board would review the entire process in order to develop a long term agreement. Commissioner Constantine stated that the County's main concern is the public's right to use the road and the emergency vehicle use. He said that this agreement addresses those concerns and is a fair compromise. Commissioner Saunders stated that Representative Mary Ellen Hawkins has been involved in the negotiation process. In response to Commissioner Volpe, Commissioner Constantine stated Page 16 August 9, 1994 that the final agreement will be sent to the County Attorney for legal review. In response to Commissioner Volpe, Commissioner Constantine replied that the vacation of the road would occur immediately. Commissioner Constantine clarified that the Shertff's patrol would supplement the State Park Service. He said that Lt. Cox of the Sheriff's substation in the Everglades area had indicated to Assistant County Attorney Wiegel, the Sheriff's Office does patrol the area pre- sently. Commissioner Matthews announced that she has serious concerns regarding the vacation of this road. She said except for agreeing to provide Sheriff's patrols, this agreement is no different than the one that was discussed a year ago. She said that she cannot support the vacation of this road. She said that she would prefer to see gates at night instead of the vacation primarily because any agreement with the State is an obligation on future Boards and future Legislators. Commissioner Constantine stated that the agreement is different than what was discussed last year. He said that the permitting pro- cess promotes public use rather that the vacation discussed last year which would have closed the road to the public. He said that there will be criteria by which to measure so that the State cannot arbitrarily close this road. Commissioner Matthews argued that this agreement can be rescinded at any time. In response to Commissioner Saunders, Commissioner Constantine stated that at the end of the two year period the agreement will be measured against the criteria set forth and reeva]uated. In response to Commissioner Norris, Commissioner Constantine sl:ated that the only rayafter clause included in the agreement is that should the County ever opt to use the airport site for other than the airport, the property would revert back. In response to Commissioner Volpe, County Attorney Cuyler announced that one way or the other the property owners will have 55 Page 17 August 9, 1994 legal access to their property. He said that this agreement is relinquishing the public's right in that roadway so it probably will revert back to the fee owners but ultimately people will have legal access. Commissioner Constantine stated that the property owners have an agreement with the Park Department now where they can access their own property with a key. Commissioner Matthews requested that County Attorney Cuyler look at the probability of depreciated property values and offer alter- natives. The following people spoke on the subject: Michael Petty A1 Perkins George Barton Tape #2 In answer to Commissioner Norris, Mr. Barton, Chairman of the Airport Authority, said that he feels it would be almost impossible for the State to close the airport for whatever reason because it is part of the Florida airport system. Commissioner Constantine stated that the County will be unable to obtain funds from the grant system if the airport is no longer County property. He said that one of the main concerns is the 5,000 foot runway that is overgrown with mangroves. He said that the State will certainly not correct that problem. Commissioner Matthews asked why a long term lease is not being considered? John Drury, Airport Authority Executive Director, replied that one State agency cannot give grants to another State agency. He said that the County can not obtain any State grants unless the County owns the airport. Commissioner Constantine reiterated that the terms of the agreement allows the residents complete access. He said that this is not the agreement he would have crafted himself. He said that this a compromise. Page August 9, 1994 Commissioner Matthews requested that the County Attorney investi- gate that the permits will be available to all those who live around the surrounding area. Commissioner Constantine said that the intent is not to limit to the Strand. Commissioner Norris stated that he is concerned with the two year review because if the criteria is too restrictive the State could take control of the road. He said that the "trap" in this agreement could be that increased monitoring could show more poaching than in the past. Commissioner Constantine agreed that the criteria must be deve- loped carefully. Mr. Barton reminded the Board that this issue must be addressed by September in order to meet the grant cycle. Commission Saunders moved to agree in principle the terms of the a~reement as outlined by the Chairman, direct Staff to work with the ~epa~tment of Environmental Protection to draft the appropriate al~re~qsent and bring back for Board consideration and approval at the September 6, 1994 meeting. Seconded by Commissioner Volpe. Commissioner Volpe stated that the airport has been operating under verbal agreement with the State. He requested that the agreement absolve the County of any responsibility of the payment of a 10~ surcharge which is part of the ]nitlal agreement. Upon call for the question, the motion carried 4/1 (Commissioner Matthews opposed). (531) Item #8H4 RESOLUTION 94-580 RE ISSUANCE AND AWARD BY NEGOTIATED SALE OF $30,6?5,000.00 COLLIER COUNTY CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS, SERIES 1994 TO REFUND THE SERIES 1986 CAPITAL IMPROVEMENT REVENUE BONDS - ADOPTED John Yonkosky, Assistant to the County Manager, stated that this it{:m is a request to adopt a resolution to issue and award $30,415,000.00 worth of current refunding bonds on a 1986 sales tax issue. He said that the present value savings is $2,510,000.00, the DUO-,., 5 7 Page 19 August 9, 1994 percentage of savings is 8.571%. Marc Samet, Financial Advisor, presented the Board with pricing books and explained the summary of financing. He said they anticipate closing the issue on September 80 1994. Mr. Samet explained that Section Two reviews the sources and uses of funds. He said that the County had the issue insured with National Bond Insurance. Mr. Samet pointed out that Moody's rated the issue A-1 and Standard & Poors rated the issue A-Mfnus. He said that both cited the following factors for the rating; half cent sales tax is providing approximately three and one half times the coverage to debt service, the County's share of these revenues has been growing, the County's historically strong financial operations, property tax millage remains at a level that affords the County flexibility relative to the statu- tory ten mtl cap, a strong local economy, steady tax base growth and that the County debt burden is well below the median for County's of comparable size. bit. Samet revealed that the fourth column of the Debt Service Schedule shows the yield on the bonds. He said that because the County is taking the sav~ngs of two and one half million dollars over the first few years shows as a no principle being paid in 1995 and 1996 but shows yields ranging from 4.35~ in 199l to 6.08~ in 2012. Mr. Samet explained that the fifth column of the Summary Analysis shows the annual difference tn savings. Mr. Samet stated that the market conditions caused by the unemployment report made a difficult market. He said that he was able to reprtce yesterday's bond issue fn the serial maturities from 199~ to 2004 by points lower than what was originally on the scale on Monday morning when the bond issue was approved. Mr. Samet explained that the Underwriters Discount and Cost of Issuance on page 6 of the Pricing Book. He said that the total gross spread negotiated with the underwriters is $5.80 per 1,000. He said that expenses are .~3¢, the remainder is takedown or commission which Page 20 August 9, 1994 totals $5.07. He stated that total expenses come to $22,202.95 and the total cost of issuance is $120,000.00. Mr. Samet stated that the next section includes market condition articles that reflect the market conditions at the end of last week. Mr. Samet reported that the last section includes the bids received from service proriders for escrow agents for printing the official statement, escrow agent/registrar and paying agent and veri- fication services. In answer to Commissioner Volpe, Mr. Samet stated that closing on this issue will occur in Tampa. In response to Commissioner Volpe, Mr. Samet replied that effec- tive interest costs include the interest rates at various maturities and various costs of issuance and underwriter discounts. Commissioner Volpe remarked that the County is taking the present savings in the first few years and not making any debt service. bit. Samet stated that the County had the option of level savings over a period of time to the year 2012 or taking the savings in the first few years. He said that by putting the savings up front gives the County the opportunity to utilize the savings on other projects. In response to Commissioner Volpe, Mr. Yonkosky stated that the Board will not be required to budget for debt service in 1995 or 1996. Commissioner Matthews stated that County Manager Dotrill has been concerned regarding the operating costs for Capital Projects. She said that the money that will be saved in this bond issue will amount to approximately one million dollars a year for a few years. She asked what the Board is setting itself up for in 1997 and 1998 with regards to the budget when the amortization of the principal has to be met? County Manager Dotrill stated that he is trying to do long range planning and anticipate the impact of the 3% cap and annual assessed value adjustments. Commissioner Matthews stated that this is not the first time the County has taken the savings up front for short term use. She Page 21 August 9, 1994 expressed concern about taking the savings and using the General Fund in order to keep the millage down and setting up a future Board of County Commissioners to deal with this. She suggested setting up a reserve fund. In response to Commissioner Norris, Mr. Yonkosky confirmed that if the refinancing is not done the County will have to pay off the bonds that are not being refunded. Commissioner Norris said that each year on this bond schedule the County will be paying less than if we do not reftnance. He said that the budget impacts are less. Mr. Yonkosky said that the way it is structured the County will pay approximately the same amount of debt service but have the savings available for the first few years. Commissioner Matthews stated that she has no problems with the reissue but she is concerned about future Boards dealing with these deferrals. Commissioner Volpe stated that the focus of the discussion is that the Finance Committee and the Financial Advisor are making a recommen- dation that we take the savings up front. He asked if there is an alternative taking the savings up front for the first two years? Mr. Samet stated that on a present value basis there is little difference between taking the savings up front rather than over a period of time. He said that the advantage of taking the savings up front is the flexibility it gives the Board in applying them to other projects. Tom Giblin of Nabors, Giblin, Steffens & Nickarson, stated that his firIn did not have all the information relating to pricing until yesterday afternoon. He said that the resolution presented will be the final action needed if the Board decides to proceed with the sale of the bonds. He explained the different exhibits that are attached to the resolution. Co~aissioner Norris moved, seconded by Commissioner Saunders and carried unanimously, to adopt the resolution authorizing issuance of Page 22 August 9, 199& the Capital Improvement Revenue bonds, thereby adopting Resolution 94-580. Craig Hunter of William and Hough Company, stated that the strength of the County's underlying rating helped the market con- siderably. Commissioner Saunders stated that it is his understanding that compared to other Counties in Florida, Collier County has one of the lowest debt ratios. Mr. Yonkosky pointed out that in any type of refinancing, the bonds are maturing at the same time. Page 23 August 9, 1994 (1662) Xtesa #8H5 RESOLUTION 94-581KE SUPPLEMENTAL ESCROW DEPOSIT AGREEMENT AND SUBSTITUTION OF TREASURY SECURITY THAT PROVIDES GREATER SAVINGS TO COLLIER COUNTY WATER-SEWER DISTRICTS REFUNDING OF SERIES OF 1987 AND SERIES 1991 - ADOPTED WITH AMENDED LANGUAGE John Yonkosky, Assistant to the County Manager, stated that this item is a request that the Board adopt a resolution authorizing a supplemental escrow deposit agreement for Series 1987 and 1991 Bond issue. He said tl~at he will substitute a Treasury that matures on May 15, 1999, with a Treasury Security that matures on June 30, 1999. He said that the savings will amount to $179,000.00. He requested that the Board approve the resolution so that the escrow may be supple- mented and the County Manager will have the authority to designate when the security will be substituted. Commissioner Saunders moved, seconded by Commissioner Volpe and carried unanimously, to approve the Supplemental Escrow Deposit Agreement, thereby adopting Resolution 94-581. Tape #3 (259) Later in the meeting, Mr. Yonkosky noted that the resolution only identifies the Treasury STRIP. He said that there were seven or eight small T-Notes that must also be sold. He said that the County Attorney advised ti~at the Board must move to reconsider that issue. Commissioner Norris moved, seconded by Commissioner Saunders and carried unanimously, to reconsider the sale of the T-Notes. Mr. Yonkosky stated that the language in line eight of the title of the resolution should read "Certain Treasury Securities". He said that the third "Whereas," will be amended to read "Whereas. the District has determined to substitute a certain United States Treasury obligation including one for the $27,282,000 United States Treasury STRIP scheduled to mature on May 15, 1999 and on deposit pursuant to the Escrow Deposit Agreement (the "Federal Security")" He stated that the escrow agreement will be changed accordingly so it provides that the County Manager or representative will be authorized to sell Page 24 August 9, 1994 the seven or eight T-Notes. Commissioner Norris moved, seconded by Commissioner Saunders and carried unanimously, to amend the language as Mr. YonkoskW has outlined. Page 25 August 9, 1994 Item #12C1 RESOLUTION 94-582 RE PETITION CCSL-94-5, ROBERT T. GRACEY OF MANAGEMENT BY ASSOCIATION, INC., REPRESENTING SANDCASTLE CONDOMINIUM ASSOCIATION; REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO E;LOW TR~ RETAINMENT OF FILL PLACED ON THE PROPERTY OF SANDCASTLE C0NIX)I~INIUM - ADOPTED Legal notice having been published in the Naples Dally News on July 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Stephen Lenberger, Environmental Specialist, stated that this petition is a request for a variance for the retainment of fill on the grounds of Sandcastle Condomintum. He said that Staff recognizes the Board's desire to improve the method in which this type of procedure can be approved administratively. He stated that Staff is proposing language for the next LDC amendment cycle. Mr. Lenberger stated that the petttton is consistent with the Con- servatton Coastal Management Element in the Growth Management Plan and the Land Development Code. In response to Commissioner Matthews. Barbara Burgeson. Environmental Specialist, replied that a minor change is a distance change where there would be less impact. Commissioner Constantine closed the public hearing. Commissioner Vo/pe moved, seconded by Commissioner Norris, that Petition CCSL-94-5 be approved. Upon call for the question, the motion carried 4/0 (Commissioner Saunders out) thereby adopting Resolution 94-582. 271 Page 26 August 9, 1994 (x87o) Item #12C2 PETITION CCSL-94-6, JERRY NEAL, OFFICE OF CAPITAL PROJECTS MANAGEMENT, REPRESENTING COLLIER COUNTY BOARD OF COUNTY COMMISSIONS, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW CONSTRUCTION OF A WOODEN HANDICAPPED RAMP FOR BEACH ACCESS BETWEEN LOTS 32 AND 33, BLOCK A, UNIT 1 OF CONNORS VANDERBILT BEACH ESTATES CO~flNUED TO THE MEETING OF SEPTEMBER 13, 1994 Legal notice having been published in the Naples Daily News on July 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Barbara Burgsson, Environmental Specialist, requested that Petitions CCSL-94-6, CCSL-94-9 and CCSL-94-8 be discussed at this time because they are similar petitions along Vanderbllt Beach for public access. Ms. Burgsson stated that all three petitions are consistent with the Growth Management Plan stipulations with one exception which is the variance that is the furthest south. She said that the additional stipulation to that variance would allow for a boardwalk over exposed tree roots. In response to Commissioner Matthews, Ms. Burgsson stated that Petition CCSL-94-6 is across from Bayview Avenue. She said that Petition CCSL-94-9 is not across from any streets but is adjacent to the Mansions Condominiums. She stated that Petition CCSL-94-8 is adjacent to the LaScala Condominiums. In response to Commissioner Volpe, Jerry Neal, Engineering Project Manager, replied that the criteria in the American Disabilities Act is for easy access to buildings. He said that there is no regulation that applies to the beach. He stated that because this petition was initiated by handicapped persons, the proposed ramp is planned for the maximum steepness required by the handicapped rules. In answer to Commissioner Volpe, Mr. Neal stated that the funds were budgeted last year for beach access improvements. He said that the funds originally came from the Regional Park impact fees. The following people spoke on the subject: Page 27 August 9, 1994 Thomas Bledsoe Werth Evelyn Lawmaster Commissioner Constantine stated that he does not doubt that addi- tional beach access is necessary. He said that public comment has raised some legitimate questions that have not been answered. He suggested that the petitions be continued so that Staff may provide further information. Commissioner Norris moved, seconded by Commissioner Saunders and carried unanimously, that Petitions CCSL-94-6, CCSL-94-9 and CCSL-94-8 be continued to the meeting of September lS, 1994, so that Staff may provide information to answer the questions that have been raised. Commissioner Volpe advised that it will be necessary for the County Attorney to advise the Board of its rights to improve these access easements if the access easements run to the benefit of the County. Item #12C3 PETITION CCSL-94-9, JERRY NEAL, OFFICE OF CAPITAL PROJECT MANAGEMENT, REFRESENTING COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, REQUESTING A VARIANCE FROM TRE COASTAL CONSTRUCTION SETBACK LIME TO ALLOW CONSTRUCTION OF A WOODEN HANDICAPPED RAMP FOR BEACH ACCESS ON LOT 1, BLOCK A, UNIT 2, OF BAKER CARROLL POINT ON VANDERBILT BEACH IN SECTION 29, T48S, R25E - CONTINUED TO THE MEETING OF SEPTLImBER 13, 1994 Legal notice having been published in the Naples Daily News on July 24, 1994, as evidenced by Affidavit of Publication filed with the Cleric, public hearing was opened. This item was heard in conjunction with Petition CCSL-94-6 and CCSL-.94-8, see above. Commissioner Norris moved, seconded by Commissioner Saunders and carried unanimously, that Petitions CCSL-94-6, CCSL-94-9 and CCSL-94-8 be continued to the meeting of September 13, 1994, so that Staff may provide information to answer the questions that have been raised. Item 112C4 PETITION CCSL-94-8, JERRY NEAL, OFFICE OF CAPITAL PROJECTS MANAGEMENT, REPRM:SMNTING COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW CONStrUCTION OF A WOODEN HANDICAPPED RAMP FOR BEACH ACCESS BETWEEN LOTS 20 AND 21, BLOCK A, UNIT 1 OF CONNORS VANDERBILT BEACH ESTATES IN SECTION 29, T48S, RZSE - CONTINUED TO THE MEETING OF SEPTEMBER 13, 1994 275 Page 28 August 9, 1994 Legal notice having been published in the Naples Daily News on July 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. This item was heard in conjunction with Petition CCSL-94-6 and CCSL-94-9, see above. Commissioner Norris moved, seconded by Commissioner Saunders and carried unanimously, that Petitions CCSL-94-6, CCSL-94-9 and CCSL-94-8 be continued to the meeting of September 13, 1994, so that Staff may provide information to answer the questions that have been raised. (3137) Item #12C5 ORDINJUICE 94-36 RE NODIFICATION OF ORDINANCE NO. 90-30 AS/J~NDED FOR THE FURPOSE OF MAINTAINING SOLID WASTE COLLECTION OPTIONS FOR MULTI-FAMILY COMMERCIAL ACCOUNTS - ADOPTED WITH AMENDED LANGUAGE Legal notice having been published in the Naples Dally News on July 21, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. David Russell, Acting Director, Solid Waste Management Department, stated that this modification would allow approximately 4,000 commer- cial units that receive curbside collection to continue to do so. He said that the issue arose as a result of a Code Enforcement action. He reported that a companion item to modify the Land Development Code (LDC) which will require developers to have dumpsters if they are building structures that exceed five units under one roof. He said that when the development is turned over to an association they would be able to opt for a curbside collection if they choose, provided space is available outside their dwelling units. Vic Tatak spoke on the subject. Commissioner Constantine stated that it may be appropriate to review the LDC to see what the minimum number of units is per dumpster. Mr. Russell stated that the LDC contains no parameters at the pre- sent time. OCO 276 Tape #3 Page 29 August 9, 1994 In response to Commissioner Volpe, Mr. Russell stated that as the situation now exists a developer may request modifications to his site development plan. He explained that this ordinance allows units that now have curbslde collection to continue to have it. Dick Clark, Interim Community Development Administrator, stated that Staff agrees that the developer should be required to provide dumpster service in the initial stages. He said that after malority ownership has been established the residents can petition to have the trash removal service. Commissioner Saunders pointed out that the modifying language on Page 3, Section C, needs to state that the sublect is site develop- ment plans that have been approved on or before this date. County Attorney Cuyler stated that this ordinance is designed to cure both current and future problems. He agreed to amend the language. Commissioner Constantine closed the public hearing. Commissioner Saunders moved, seconded by Commissioner Volpe, and carried unanimously, to approve the modification to Ordinance No 90-30 as outlined in the Executive Summary with amended language to read "wherein the site development plan (such plan having been approved prior to August 9, 1994)", thereby adopting Ordinance 94-36 and entere~ into Ordinance Book No. 67. Commissioner Matthews stated that she and the County Manager have had discussions with Mr. Kennedy of Waste Management, regarding horticultural waste. She said that she thought there were two changes to the solid waste program in order to get the horticultural program on line by September 1, 1994. She asked when the second change will be presented? County Manager Dotrill replied that Mr. Kennedy has not yet pro- posed a modification. He said that he will check with Mr. Kennedy. Deputy Clerk Hoffman replaced Deputy Clerk Barbirettt at this time see (380) Item el2C6 PETITION SNR-94-3, GARY BROWN REPRESENTING NAPLES HIGH SCHOOL REQUESTING STREET NAME CHANGE FROM GOLDEN GATE PARKWAY TO GOLDEN EAGLE August 9, 1994 PARKWAY LOCATED BETWEEN U.S. 41 AND GOODLETTE-FRANK ROAD - PETITION WITHDRAWN Legal notice having been published in the Naples Daily News on July 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Badamtchlan stated that Gary Brown, Naples High School Principal, is requesting that a small portion of Golden Gate Parkway located between U.S. 41 and Goodlette-Frank Road be renamed to Golden Eagle Parkway. Mr. Badamtchtan advised that because Naples is a resort town, renaming of a portion of the Parkway may create some confusion, there- fore, staff recommends that the school be responsible for the cost of directtonal signs estimated to be $1,500. Mr. Gary Brown, stated that the school has a major construction project currently taking place on Golden Gate Parkway. He indicated that the school's address has historically been 22nd Avenue North since the office and the front of the building is located on that thoroughfare. He explained that the administrative offices will be completed on August 15, 1994, and they are now located on Golden Gate Parkway, therefore, the school's address will change. Mr. Brown affirmed that the students, parents and staff came to the conclusion that since Naples Htgh's mascot is the "Golden Eagles", it would be appropriate for the school's address to be Golden Eagle Parkway. Mr. Brown reported that Pat Conholly, Manager of the Coast]and Center Mall has been contacted and she supports the idea. Mr. Brown indicated that the school would raise money to pay for the signs, as recommended by staff and forever, in the future, Naples High School, Golden Eagles wou]d be on Golden Eagle Parkway Just as many other high schools in the Southwest Florida area are now on streets named for the mascot of the school. There were no other speakers. Chairman Constantine closed the public hearing. Page 31 August 9, 1994 Commissioner Constantine voiced concerns with regard to the confusion that may result and also that this is a major corridor. He remarked that there may be other alternatives. He noted that there is a driveway leading to the school which could be appropriately named in lieu of renaming Golden Gate Parkway. Commissioner Constantine stated that this is a heavy visitor area and would be very confusing to people trying to head to the Golden Gate community. Commissioner Saunders pointed out that people attempting to turn onto Golden Gate Parkway from U.S. 41 would be confused with signage stating "Golden Eagles Parkway to Golden Gate Parkway". Mr. Brown questioned whether the Board of County Commissioners has the authority to allow the school to name the circle in front of the school as "Golden Eagle Circle" Commissioner Constantine remarked that this is school property and the School Board would have the authority to authorize the name of the circle. He noted that this may be a vtab]e alternative. Commissioner Volpe stated that he is comfortable with the circle in front of the school being named "Golden Eagle Circle". County Manager Dotrill advised that Mr. Brown may need to come back to the Board in order for a resolution to be adopted. Mr. Brown wlthd:cew his petition. It was the consensus of the Board for staff to assist Naples High School with respect to the post office issue of naming the circle in front of the school. (600) Item #12C7 ORDINANCE 94-37 AMENDING ORDINANCE 81-42, AS AMENDED, RE OCCUPATIONAL LICENSES: PROVIDING FOR AMENDMENT TO DUE DATES, DELINQUENT PENALTIES, TRANSFER FEES AND APPLICATION REQUIREMENTS - ADOPTED Legal notice having been published in the Naples Daily News on July 21, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Assistant County Attorney Ashton stated that the purpose of this 279 Page 32 August 9, 1994 item concerns certain amendments that were made to Chapter 205, Florida Statutes. Ms. Ashton reported that the changes are being made to the ordi- nance to reflect state law. Ms. Ashton stated that F.S. allows a penalty of up to $250, however, Tax Collector Guy Carlton is requesting that the penalty reflect up to 25%, which is what is currently being charged. She noted that the ordinance amendments provides that other penalties as provided by law can also be assessed. She advised that to reflect current practice, the penalty will remain at There were no speakers. Commissioner Constantine closed the public hearing. Cosmtssioner Norris moved, seconded by Commissioner Volpe and carried unanimously, that Ordinance 94-37 be adopted and entered into Ordinxnce Book No. 67. (653) Item I13AI RESOLdlION 94-583, RE PETITION V-94-11, JIN KURTZEBORN REPRESENTING FOXFI~! COUNTRY CLUE, REQUESTING A 16 FOOT VARIANCE FRON THE REQUIRED SETBACK OF 50 FEET TO 34 FEET TO ALLOW THE EXPANSION OF AN EXISTING GOLF CJ~T STORAGE FACILITY - ADOPTED WITH STIPULATIONS AS ANENDED Legal notice having been published in the Naples Daily News on July 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Badamtchian explained that this petitioner is requesting a 16 foot variance from the required setback of 50 feet to 34 feet. He reported that the purpose of the variance is to allow the expansion of an existing golf cart storage facility. Mr. Badamtchian stated that the Collier County Planning Commission reviewed this petition on July 21, 1994 and by a vote of 4/2 recom- mended approval, subject to staff stipulations. Mr. Badamtchian affirmed that he has received five letters of objection from unit owners at Fox Hollow and one letter of approval from the Fox Hollow Condominium Association. Page 33 August 9, 1994 Mr. Jim Kurtzeborn, representing Foxfire Country Club, stated that the property owners opposing the petition believe the cart barn will not be expanded if the variance is denied, however, it is inevitable that the facility needs to be expanded. He advised that there is an alternate location where the facility can be expanded and this would be much more detrimental to those property owners. Planner Badamtchian advised that staff is recommending denial of the petition since the expansion of the cart barn will block the view of the unit owners of the first building. Mr. Kurtzeborn referred to a displayed exhibit and pointed out the location of the proposed expansion and its proximity to the adjacent dwelling units. Mr. Badamtchian cited that noise is the main concern. He reported that the golf carts are washed early each morning and the proposed expansion will be located even closer to the units which will add to the impact. In addition, he remarked that these unit owners object to looking at a large storage building every day. In response to Commissioner Constantine, Mr. Kurtzeborn revealed that the storage facility cannot be expanded on the north side of the building since it is needed for staging of the golfers and the golf carts. Mr. Alex Rimandi, Foxfire General Manager, explained that origi- nally the expansion was proposed for the west side of the building, however. He noted that the Fox Hollow Condomlnlum was approached in this regard and an agreement was reached for the expansion to be built as currently proposed with the stipulation to soundproof the cart barn with no venting and to provide shrubbery and trees. County Attorney Cuyler reminded the Board that the findings for approvlng the variance are outlined on Page 5 of the Executive Summary. Commissioner Saunders moved, seconded by Commissioner Matthews and carried unanimously, to approve Petition V-94-11, on the basis that expanding the cart barn to the west would be more detrimental to the [;Off ,.:-.! 281 Page 34 August 9, 1994 condoatnlus dwellings than extending the facility to the south and subject to the CC~C's stipulation for a 15' wide/andscape buffer, 6' in height and 80X opaque; and that the facility be sound proofed with no stir vents, thereby, adopting Resolution 94-583. Page 35 August 9, 1994 (zo65) Item #13A2 RESOLUTION 94-584 RE PETITION CU-94-6, TERRANCE L. KEPPLE OF BRUCE GREEN & ASSOCIATES, INC., REPRESENTING TIMOTHY D. LUSK REQUESTING A CONDITIONAL USE "17" OF THE "A" ZONING DISTRICT FOR A MINIATURE GOLF COURSE AND CONDITIONAL USE "21" OF THE "A" ZONING DISTRICT FOR A RETAIL PLANT NURSERY FOR PROPERTY LOCATED AT THE NORTHWEST INTERSECTION OF PINE RIDGE ROAD AND LIVINGSTON ROAD, CONSISTING OF APPROXIMATELY 13.73 ACRES - ADOPTED FOR CONDITIONAL USE FOR PLANT NURSERY ONLY, SUBJECT TO STIPULATIONS AS AMENDED; CONDITIONAL USE FOR MINIATURE GOLF COURSE DENIED Legal notice having been published in the Naples Daily News on July 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Mulhere stated that this item is a request for Conditional Use "17" and "21" of the Agricultural District for a retail plant nur- sery and a miniature golf course. Mr. Mulhere noted that a significant portion of this property is dedicated to a FPL easement leaving only 6.72 acres of developable area. He indicated that the petitioner's master plan calls for an 18 hole miniature golf course; 6,000 square foot retail sales office; 2,400 square foot retail plant/shade house; 19,000 square foot outside nursery display area; two 8,000 square foot equipment/wholesale storage buildings; and two caretakers' residences. Mr. Mulhere pointed out that reviewing staff only considered the retail plant nursery since the miniature golf course is not a per- mitted or conditional use within the Agricultural District and is not consistent with the Comprehensive Plan. Planner Mulhere advised that the Collier County Planning Commission reviewed this petition on July 21, 1994 and unanimously voted to recommend approval of the plant nursery and by a vote of 5/1 recommended denial of the miniature golf course request. Mr. Mulhere stated that no one spoke ]n opposition of this peti- tion, however, one letter from the Community School supporting this petitioner has been received. Mr. Mulhere explained that the Planning Commission's recommended approval is subject to the Agreement Sheet contained In the Executive Page 36 August 9, 1994 Summary and this would allow for access from Pine Ridge Road as well as Livingston Road. He noted that staff is recommending the limita- tion of only one access from Livingston Road. Mr. Terrance Kepple, representing the Petitioner, advised that there are two requests for Conditional Use: retail nursery and miniature golf. He explained that he has reviewed the Agreement Sheet, as amended by the CCPC, and concurs with same with the excep- tion of Items "H" and "L". Mr. Kepple called attention to Stipulation "H" requiring that the master plan provide a maximum of two ingress/egress driveways to Livingston Road and the southerly most driveway aligning with Livingston Woods Lane. He advised that he has no problem aligning one of the driveways to Livingston Woods Lane, but noted he is uncertain as to whether the other driveway would be to the north or south, but it wl]l be located in accordance with the County's Access Management Policy. Mr. Kepple remarked that Stipulation "L" states that the peti- tioner shall revise the master plan to iljustrate the future use of that area designated as miniature golf course. He remarked that at the time the petition was submitted staff was uncertain as to whether miniature golf fell within the conditional use classification, however, golf courses and driving ranges are addressed as conditional uses i:n the "A" Zoning District. Mr. Kepple stated that the owner of the property plans to utilize the miniature golf as a show case of the services and planting type materials that would be provided on site as well as providing a recreational facility. He advised that this will not be a putt-putt golf range, but rather a true miniature golf course. Mr. Kepple pointed out that a golf course w]]] generate 400-900 driving trips per d.ay and a golf driving range will generate approxi- mately I00 trips per day. He noted that a miniature golf course will produce 68-90 trips per day which is much less than a major 18 hole golf course with clubhouse and related facilities. Page 37 August 9, 1994 In response to Commissioner Constantine, Mr. Kepple stated that natural turf will be used for the golf course. Mr. Kepple reported that the petitioner has agreed that the miniature golf course would only be open during the hours of operation of the retail nursery. In answer to Commissioner Volpe, County Attorney Cuyler advised that he concurs with staff that the miniature golf course is not a permitted conditional use within an Agricultural Zone. Mr. Kepple stated that the petitioner is requesting two separate conditional uses and noted if the miniature golf course is not approved, there will be unused space on that property to be utilized by another use. A discussion ensued with regard to the access point on Pine Ridge Road. In addition, Mr. Mulhere pointed out that there is a stipula- tion on the Agreem~;nt sheet with regard to turn lanes that Transportation Services deems to be necessary. Mr. Kepple revealed that Transportation Services Engineer Kant suggested that the entrance between Pine Ridge Road and Livingston Road be approximately 270' north of Pine Ridge which would be about halfway between Livingston Woods Drive and Pine Ridge Road. In answer to Commissioner Volpe, Mr. Mulhere remarked that staff originfilly recommended one caretaker's residence, however, the appli- cant is requesting two caretakers' residences to accommodate both uses. He indicated that the CCPC deemed that this is Agriculturally zoned property and a single family home and a guest home would be per- mitted, therefore, two caretakers' residences would be acceptable. There were no other speakers. Commissioner Constantine closed the public hearing. Mr. Mulhere suggested 'that there be right ]n/right out on Pine Ridge Road as far from the intersection of Pine Ridge Road and Livingston as possible, in compliance with the access management plan. Transportation Services Administrator Archibald reported that per- mit requirements indicate that a turn lane be provided for any access ooK Page 38 August 9, 1994 to a four lane or greater facility and in this particular case, if the petitioner complies with the access management plan and permit requirements he will either provide a turn lane or will not be granted permit access. C~m/issioner Norris moved, seconded by Commissioner Volpe and carried unanimously, to approve the Conditional Use for the retail nuteel7 only, subject to staff's stipulations including one careta- ker's residence, thereby, adopting Resolution 94-584; and that the Conditional Use request for the miniature golf course be denied since it is not consistent with the Growth Management Plan. Pa~e 39 August 9, 1994 Item #13B1 RESOLUTION 94-585, RE PETITION CU-92-4, WILLIAM SENKEVICH OF TEI~PUSTMCH, INC., REQUESTING EXTENSION OF A CONDITIONAL USE GRARTED ON SEPTEMBER 8, 19920 FOR CONDITIONAL USE 5 (CjustER DEVELOPMI~NT) OF THE LAND DEVMLOPMA1TT CODE - ADOPTED Planner Mulhere announced that this is a request for a second extension for Petition CU-92-4. There were no speakers. Commissioner Constantine closed the public hearing. Commtsaioner Saunders moved, seconded by Commissioner Matthews and carried unanimously, to approve Petition CU-92-4 and that Resolution 94-585 be adopted. Page 40 AugUst 9, 1994 (2260) Its% #14B RgSOLUTION 94-586, CORRECTING THE TIME SET FOR PUBLIC HEARING AT THE CLUB AT PELICAN BAY ON AUGUST 15, 1994 TO BE AT 5:05 P.M. - ADOPTED County Attorney Cuyler stated that there will be a public hearing on August 15, 1994 at The Club at Pelican Bay. He indicated that the Board originally set the time for 6:00 P.M. and requested that the time be changed to 5:05 P.M. Commissioner Norris moved, seconded by Commissioner Matthews and carz. ted unanimously, that the public hearing at The Club at Pelican Bay on August 15, 1994, be held at 5:05 P.M., thereby adopting Resolution 94-586. Page 41 Au~l/st 9, 1994 (2325) Item #14A~C LDC Jd(ENDMEWTS - SCHEDULED FOR OCTOBER 12 AND 26, 1994 AT 5:05 P.M.; AND Ja(E]IDMMNTS TO THE IMPACT FEE ORDINANCES SCHEDULED FOR SEPTEMBER 28, 1994 AT 5:05 P.M. Administrative Assistant to the Board Filson stated that LDC amendments will be heard on October 12 and 26, 1994 at 5:05 P.M. Ms. Filson noted that Affordable Housing Director Mihaltc has requested that the Amendments to the Impact Fee Ordinance be scheduled for September 28, 1994, at 5:05 P.M., prior to the Final Budget Hearing. 1~e Commission concurred that the LDC Amendments would be heard on Octok~r 12 and 26, 1994, at 5:05 P.M. and the Amendments to the Impact Fee Ordinances would be held on September 28, 1994 at 5:05 P.M. (2384) Item #ISA DISCUSSION OF SPOT SURVEY REQUIREMENTS FOR MOBILE HOME PARKS - AMENDMENTS TO THE LDC TO BE FORTHCOMING County Manager Dotrill stated that the Land Development Code requires that spot surveys be submitted to ensure that there are no improper variances or encroachments into rear or sideyard setbacks for new construction. He noted that there is a similar condition that applies to mobile homes. Mr. Dotrill cited recent problems experienced by a lady who purchased a mobile home and attempted to have it installed in an old, but platted mobile home subdivision in Copeland. Mr. Dotrill remarked that staff is questioning whether or not mobile homes should adhere to the same criteria as that required for new construction and consider taking an affidavit or a site plan sub- mitted by the dealer who would deliver and erect on that site a mobile home. He noted that there is a hardship on people buying mobile homes and expecting the dealer to take care of permitting and codes and then being told that they are required to hire a land surveyor at a cost of $300--$400 to survey the erection of a mobile home. Page 42 August 9, 1994 Commissioner Matthews stated if an affidavit is accepted from a mobile home distributor and there is an error, the County could go back to that party and require that the mobile home be moved. Mr. Dotrill indicated that staff will assist the lady in the interim who experienced the problem, and noted that staff will initate LDC Amendments to correct this problem. s** Commissioner Saunders moved, seconded by Commissioner Matthews and carried 4/0 (Commissioner Volpe out) that the following items under the consent agenda be approved and/or adopted. $$$ Item ll6A1 RESOLUTION 94-572 AUTHORIZING FINAL ACCEPTANCE OF ROADWAY, DRAINAGE, AND WATER IMPROVEMENTS FOR "GRANADA DRIVI~ EXTENSION" Item ACCEi~TI~C~ OF 1~ IRRE~rOCABLE ST~h~DBY LETTER OF CREDIT AS SEC~rRII~/FOR [~C~ITION F[I~IT N0. ~9.4~1 ~S~PHIR~ I~S - trNIT Item #16A3 See Page ACCEPTANCE OF WATER AND SEWER FACILITIES FOR LELY RESORT, PHASE 11 - WITH TR~ STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY Item 816A4 ACCEN~ANCE OF WATER AND SEWER FACILITIES FOR STERLING OAKS, PHASE I - WITH TH~ STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY Item 116A5 RESOLUTION 94-573 AUTHORIZING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN STERLING OAKS AND ACCEPTING THE IRREVOCABLE LETTER OF CREDIT FROM THE D~VELOPER FOR MAINTENANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR A MINIMUM OF OIFE YEAR AND ACCEPTING THE CONSTRUCTION AND MAINTENANCE AGREEq~ENT OF SUBDIVISION IMPROVEMENTS - WITH THE STIPULATION AS LISTING IN THE EXECUTIVE SUleeARY See P, ge Item t16A6 RESOLUTION 94-574 AUTHORIZING THE ACCEPTANCE OF WOOD DUCK TRAIL, A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS PELICAN MARSB UNIT TWO AND PELICAN MARSH GOLF COURSE PHASE ONE Item a~16A7 Page 43 August 9, 1994 RESOLUTION 94-575 ACKNOWLEDGING A LOT LINE ADJUSTMENT ON LOTS 1, 2 AND 3, BLOCK 24, A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS HIDEAWAY BEACH K~TTRANCE PURSUANT TO SECTION 3.2.4.8 OF THE COLLIER COUNTY LAND DEVELOPMEET CODE Item #%6A8 See Pages RECORDING OF THE FINAL PLAT OF "SOUTHPORT ON THE BAY UNIT 2AN - WITH THE STIFULATION AS LISTING IN TEE EXECUTIVE SUMMARY Item #16A9 ACCEPTANCE OF SEWER FACILITIES FOR TEE ESTATES AT WYNDEMERE - WITH THE STIFULATION~ AS LISTED IN TEE EXECUTIVE SUMMARY RECORDED IN OR BOOK 1993 PAGES 1732 - 1740 Item #16A10 - Deleted Itea.#16A11 RESOLUTION 94-576 AUTHORIZING PRELIMINARY ACCEPTANCE OF THE ROADWAY AND DRAINAGE IMPROVEMENTS IN GERMAN WOODS AND ACCEPTING THE CASH BOND FROM THE DEVELOPER FOR MAINTENANCE OF THE ROADWAY AND DRAINAGE IMPROVEMENTS FOR A MINIMUM OF ONE YEAR AND ACCEPTING THE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF FLAT Item #16A12 AWARD OF COlTTRACT TO AMF EXCAVATING, INC. IN THE AMOUNT OF 821,600 FOR THE DISPOSAL OF LARGE BOULDERS LOCATED ON THE COLLIER COUNTY AGRICULTURE AND FAIRGROUND SITE, WAIVER OF PURCHASING REQUIREMENTS FOR BOULDER REMOVAL, APPROVAL OF BUDGET AMENDMENT IN THE AMOUNT OF $25,600 FR~ FUND 001 RESERVES AND AUTEORIZATION OF AM ADDITIONAL 85,000 FOR LIffi~ROCK MATERIAL TO STABILIZE AREAS AT THE FAIRGROUND SITE WITH WORK TO 13E CO~fi~LETED BY TEE ROAD AND BRIDGE DEPARTMENT Iten 11681 ACCICPTANCE OF GAC ROAD IMPROVEMENTS PERFORMED UNDER BID NO. 93-2089, ACCEPTANCE OF THE LIMEROCK ROAD IMPROVEMENT PRIORITY LISTING IN THE GOLDEN GATE ESTATES FOR FY 94/95 AND ACCEPTANCE OF AN IMPLEMENTATION PLAN Item #1682 RESOLUTION 94-577 PROHIBITING THE OPERATION OF TRUCKS AND OTEER COM~RCIAL VEHICLES HAVING A TOTAL VEHICULAR WEIGHT INCLUDING THE LOAD IN F3~CESS OF ONE (1) TON FROM THROUGH MOVEMENTS ON ROAE~/AYS WITHIN THE PINE RIDGE SUBDIVISION KNOWN AS EAST AVENUE, CARIBBEAN COURT, RIDGE DRIVe, CB1TTER STREET, CAJEPUT DRIVE, MYRTLE ROAD, BANYON ROAD, SAN PINE DRIVE, HICKORY ROAD AND CARICA ROAD RESO.L~rrlON g4-578 FROHIBITING TEE OPERATION OF TRUCKS AND OTEER CO~8~RCIAL VEHICLES HAVING A HATED LOAD CARRYING CAPACITY IN EXCESS OF ONE (1) TON FRO~ THROUGH MOVEMENTS ON TRAIL DRIVE (ALSO KNOWN AS TRAIL Page 44 August 9, 1994 TERRACE DRIVM) AS RECORDED IN THE PLAT OF TRIAL TERRACE (PLAT BOOK 2, PAGE 94), C"/PRESS WOODS DRIVE AS RECORDED IN CYPRESS WOODS ESTATES PLAT NO. 2 (FLAT BOOK 4, PAGE 30), MICHIGAN DRIVE AS RECORDED ON BAD AXE SUBDIVISION PLAT (PLAT BOOK 4, PAGE 10), AND 14TH STREET NORTH BETWME~ SOLAMA ROAD AND CYPRESS WOODS DRIVE Item ~16E1 See Pages REJE~'IOI OF FLEMT VEHICLES BID NO. 94-222 AND AUTHORIZATION TO RMBID THE COMTRACT Item 1'16G1 FURCHAS! OF 2,000 ADDITIONAL RECYCLING BINS FOR THE RESIDENTIAL CURBSXDE RECYCLING PROGRAM FROM LEWIS SYSTEMS IN THeE AMOUNT OF 89,040 Item #16G2 B~ N~DI~Rz RECOGNIZING AND APPROPRIATING INTEREST EAY3~INGS IN THE AMKM31T OF 845,000 TO BE REFUNDED TO THM FLORIDA DEPARTMENT OF EMVIR(YlM~31TaL PROTECTION (FDEP) PER PETROLEUM CONTAMINATION CONTRACT GC 205A Item #16H1 INCREASE IN ANNUAL IRRIGATION COSTS FOR PINE RIDGE/VINEYARDS MEDIAN BEAUTIFICATIOR PROJECT NO. 80700 IN THE AMOUNT OF $2,700 Item #16H2 - Deleted Item 1'16H3 FINAL RA/TKING OF CONSULTANT TO PROVIDE PROFESSIONAL SERVICES RELATED TO FIELD SURVEYS, AERIAL PHOTOGRAPHY, DATA COLLECTION, ~LRALYSIS, REPORTS AND COASTAL GEOLOGIC AND ENGINEERING ASSESSMENTS CONTAINED IN RFP 94-2219 FOR THE MARCO ISLAND BEACH RESTORATION PROJECT AND AUTHORIZATION FOR STAFF TO NEGOTIATE A COITTRACT WITH THE NUMBER ONE (1) RAIIXED FIRM Item t163 MISCI~LXdkMBOU~ CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was filed and or referred as presented by the Board of County Commissioners: 331 Page 45 August 9, 1994 Item~16J1 CE~TII?ICA115 OF CORRECTION TO ~ TAX ROLLS AS PRESEnTTED BY ~O~ 1993 TANGIBLE PERSONAL PROPERI~f NUmber Date 173 07/25/94 1993 I~ PROPERTY Item #16K1 196 0?/26/94 BO~URD OF COUI~ CO~ISSIONERS TO SERVE AS THE LOCAL COORDINATING tYNIT OF GOV~NT TO APPROVE A Gl~ APPLICATION IN THE ImuMO[TNT OF 82,225.97 FOR ~ STATE OF FLORIDA'S DEPARI~NT OF COMM~INITY AFFAIRS' I~RGBiNL~ FEDEI~ LAW ENFORCEI~ ASSISTRa{CE GI~T, I{ICANE ~ ~SOCIATED BUDGET/eu~NI~lTT See ages' Be7- a/ O There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 1:40 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX SPECIAL. UNDER ITS CONTROL T MO J. N TINE, CHAIRMAN or as corrected Page 46