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BCC Minutes 05/15/1990 R:~Lffollowtng members present: Naples· Florida, May 15, 1990 LET IT BE REMEMBERED, that the Board of County Commissioners In he County of Collier and also acting as the Board of Zoni~ Appeals and as the governing board(e) of such special districts as been created according to /aw and having conducted business ~he~e~n'.met ~n this date at 9:00 A.M. in R~OULAR SlSSlOI in Building "F" cf the Government Complex, East Naples, Florida, with the ALSO PRESENT: CHAIRMAN: VICE-CHAIRMAN: Max A. Hesse, Jr. Michael J. Volpe Richard S. Shanahan Burr Anne Goodnight James C. Giles, Clerk; Sherry L. Keaton, Recording !Secre~aryi Harriet Beech and Ellis Hoffman, Deputy Clerks; Nell ~'Dorrfl1, County Manager; Ran McLemore, Assistant County Manager; Thomas Ol~tff, Assistant to'the County Manager; Ken Cuyler, County Attorney; Mar~orie Student, Assistant County Attorney; Ken Baginskt, g Services Manager; Ray Bellows, Philip Scheff and Ran N/no, ..~ :. s; Kevin O~Donnell, Public Service Administrator; Frank Bruit, Community Development Services Administrator; George Archibald, ..~ansportatlo~ Services Administrator; Leo Ochs, Administrative ~?;/'serVtces Administrator; William Lorenz· Environmental Services 'AdminiatFator; Harry Huber, Technical Services Supervisor- Don Hunter, Sheriff; Deputy Tom Starter, Sher~ff,s Office; Nartha Skinner, Social :Services Director; and Sue Ftlson, Administrative Assistant to the B°ard, -Page,~ ~'i '"'Com~iaalonar Volpe moved0 ~econded by Commissioner S~ndere and ~L~h ~ ~o~L~g c~: ;'~.,~; '~em 6B4 - Pe~i~n PDA-89-~3, ~r. 3ames E. Vensel of ~'... E. Vensel and Associates, representing ~ar~ Deve~opmen~ · ': Corporation, re~est~ng amendmen~ ~o Point Narco PUD ., ' - Continued to 5/22/90 (L~a~ed ~n error). :~:'~ 2. ~em 14H2 - Re~o~enda~on ~o rescind the award o~ a con~rac~ :,~:(~ ~o Basic ~a~er System, ~nc. for B~d No. 89-1513 - Continued ~o 5/22/90 (S~afff's request). 3. Its= lID - Presentation of ~he September 30 19$9~comprehen ~ ~.,~ . siva annual f~nanclal repor~ - Continued ~o 5/22/90 (F~n~ce (,-'...~.. : Director's 4. l~em 7A2 - Petition AW-90-i, ~ohn D. Lee off Ho~e, Non,es & ,., Associates, Inc., representing Dennis ~ullln~ - To be heard ,: a~ ~he beginning of the re~lar agenda. 5. ~tem ~4B5 - Reco~endat~on ~o approve and execute a shor~- farm lease agreemen~ between the Departmen~ of Natural Resources and Collier Co~y for interim operation of ~he Narco A]rpor~ - Norad To [~em 9B4. Item 12A - D~scusslon regarding drainage facilities In the Cro~ PoUnCe Developmen~ - Added on. Commissioner Hasse congratulated the following employee and pre- seated her with an Employee Service Award: Candlce F. Franco - Social Services - 15 years BT UIITED ~'fA'f'~ D~PAItTMI~ OF T~ ZiI'Z"~OI~ OF · Fred J. Fagergren, Superintendent of the Big Cypress National presented Sheriff Don Hunter with an Appreciation of mca Certificate on behalf of the Florida Panther Interagenc¥ i',Commtttee, Mr, gren also presented the following employees a cer- recognition for their exceptional performance in rasto~ing [Turner River; the ~trst reatoratt°n of a river system within the !ate:,of Florida: May 15, 1990 Larry Brown - Area Supervisor :Jim Rienken - Roads & Bridges Supervisor [.;.'Oeorge Archibald - Director Public Works Xtes ,Sc' COLLIER COUNI,~ EM~C~ ~XC~ SEI~S PARAN~DXCS A~D ~ ~ZDICA~ rscn~xcw~ ~w_~mXmm ~oa ~ ~x~-~vx~e s~ Mr. Arthur Kedrosk~ presented the following Collier Count~ Par~edics and Emergency Medical Technicians the Phoenix Award "rec0~A~ton for ~heir l~fe-saving skills: '..'./'....Dabble Swelgart -~-... Sos Mihalek "-..,Marie Antoinette india-Bayer .. Susan Lemay ',."Ricardo Carcia McDonald :f'[~Chery1 Wilson Frank Mtllot Walter Kopka John Poczynskt Sa~ Pools Frank Surlano Tom Maquire. Steven Donovan Richard D'Orazio ,Commissioner Hasse and James Reardon, Emergency Services nlotrator, congratulated and expressed their appreciation on of the County to all Emergenc~ Medical Services personnel Tlt~VXNO P.~COe~XZED WXT~ A ~X~CA~ O~ ~XATXO~ ' Co~AssAoner Hasse recognized and presented He. Norms TrevAno, a Services Departmen~ employee, with a Certificate of ,reclatlon for her life-saving efforts that saved a 2 year old life. Xt~'~SE Commissioner Hasse recognized and presented numerous employees -from the following departments who met and surpassed Job performance :and. safety expectations with SaFety Incentive Awards: Clerk of Courts Tax'Collector Attorney ,Iisi.Projects Development Appraiser ~tive Services Orowth Management ~COurt system 1 Services awards.presented awards presented award presented awarda awards "p~&e&nied awards'.preeOnted'~:~?! award presented awards presented awards:presented awards presented Page 3 Public Services Shertff t s Department ', Eae.rgency Services Services Nay ~5, 1990 ' 4 awards presented~ 15 awards presented 4 awards presented 4 awards presented f'RIqUZIqII~:FT~ BKTWKKN p-,A-/~o'o~oU~--T~-~MAZVKR OF SKPARATION v- ~'~ ~OP~ ~AT~ AT 5224 NO Legal no~tce having been published ~n the Naples Dally News on ;[[~2 April 8, 1990, as evidenced by Affidavit of ~bltcatton filed with the ~ Clerk, public hearing was opened to consider Petition AW-90-1, f/led [.b~ Dennis MullahS, Mulline Restaurant, represented by John D. Lee of Hole, Montes ~ Associates, Inc., requesting a waiver of separation requirements between p/aces serving alcoholic beverages and churches ,.for property located a~ 5224 North Tamtam~ Trail . Pla~er Mu/here s~a~ed the purpose of this petition is ~o reduce [.a(~the separation requ~remen~ between an establishment that sells a/coho- j:~lic beverages and ~he Seventh Day Adventte~ Church. , ~: · Mr. Mu/here e~a~ed the considerations from which such an appltca- /-~lon is to be evaluated a=e specifically identified In the Collier Zontn~ Ordinance 82-2. He ~nd~cated staff has reviewed the :'cr~te~-a and has concluded ~he conditions precedent to ~rant~n~ the waiver have been me~. Be e~a~ed when calcula~tn~ ~he distance for between places eervln~ alcoholic beverages, the calcula- ...:~.tlo~s are mede from e~ruo~ure to structure which in ~h~s case Is 460 -fee~ as ~ndlca~ed ~n ~he executive Mr. Mu/here Indicated ~ha~ the ordinance requires a separation from property ~o proper~y or lo~ ~o ~y 120 fee~, ~herefore ~he waiver that is being recessed .... ... y 380 feet which lea substantial d~fference. He apologized :f~'~he mlecal~la~on and s~a~ed tha~ staff ~e reco~endlng den~al of ~oner Sanders asked ~f the CCPC was aware of the greater Mr. ~lhere explained ~ha~'t~ was reviewed on a separation request for only 40 feet. He noted that the church owns pro~erty west ge Road and could oonotruotlaone~hlng ~n the futvra °n thet "#hich would bring them much closer to the establishment selling alcoholic beverages. 'Nr. Mulhere stated that hie calculations are baaed on separation ..~Y0f'etructure to structure which Ie 460 feet however, there ts still a.aeparatton of a 120 foot right-of-way at Pine Ridge Road He ~urther noted that requirements for vehicular traffic will stay the same, bUt the proximity for pedestrian traffic may change ~:..~ Commissioner Volpe questioned the nature of the operation for the variance has.been requested? '..: . Mr. Mulhere stated the variance being requested is for an '[e~tabltehment to which the majority of business will be food. He ~.'-~ noted the petitioner intends to put in pool tables and various ' . of games. He Indicated tha~ the petitioners Intent is for and drinking eatabllehaento He further stated the hours of ~operation, 1~:30 A.M. to 2:00 A.M., seven days per week, will not -change. He noted that beer, wine and spirits will be sold '-?,? Coaateetoner Volpe questioned the type of building ae we~l ,~'aa the square footage? '~footage. 'Commissioner Haaae questioned if the distance between properties ~Uj'.Mr, MuShers answered affirmatively stating the right-of-way is ~ ~lth 5 feet on either e~de of the right-of-way. Mr; $ohn Lee of Hole, Montes and Associates, Inc. representing Dennis Mulltne, stated the facts of this case have no~ changed and' &re.still located the same distance from the church aa they were the recommendation of denial by staff. He indicated that the i. buildings are still separated by the Pine Ridge Road right-of-way; to travel approximately ,ils by vehicle i, Order to Mulhere indicated the building ia currently being operated aa ~odge, le fairly large, but he does not know the square 1990' 'st .to any part of the church; and a post and rail fence abutting the Irt¥ adJ&csnt to Pine Ridge Road 'Inhibiting Pedestrian .traffic · there. Lee indicated that there ts confusion aa to the use of this '.'.'a lounge having a full range of liquor, beer and wine. He indicated [that. Mr, Mullins Is proposing to close the lounge and operate the ~ ~U/'~, ..' .,'. · Yaetaurant portion of this facility converting the lounge t° office 'use. He stated that Mr. Mulltne wants a family oriented restaurant does not want a nightclub. stated the facility is within an activity center and .currently zoned C-4o · Mrj Lee ~ndtcated the petitioner has attempted to meet with of this area to address ~heir concerns and to educate them r on the situation, but the neighbors declined to meet with the ~etAtloner. Lee stated that the Petition proposes to meet certain con- dittons~ limiting the establishment to Aeas than 49~ alcohol sales, no 'OutdoOr application of music, no live entertainment, removal of the existing elevated stage, a limited number of pool tables, elgnage at exits directing traffic to U.S. 41 and, therefore, ':'.'~ . ~ to the south and east of the project. ~/-.Com~ts~ioner Hesse Indicated that if the eetabAlehment is going ~f'~o serve liquor and have billiard tables, then this will not be ~tl~,a. reataurant. He suggested that a right turn be made out of ~ablishment, therefore, making the only entrance and exit at Lee stated that Mr. Nullins has Indicated that he would put ~ . . at the establishment indic&ting a right turn on/y, directing traffic.to U.S. 41, adding that the stgnage would be paid solely by .':,~'~J,' Lee noted the present establishment, known as the Moose Is currently serving liquor and has the capacity to hold up to ,. C ClO013 ~"':' ' Page 6 ~,. Ney 15, 1990 people at one tLne. He reported that the prop0sed"reetau'rant. only seat 200 people, which is a decline tn use of this facility. He stated that thle should warrant the Board's support. Com~tssioner Hasse questioned if the establishment will be taking :~.iover the Noose Lodge's present liquor license? · '.iNt. Lee responded negatively, noting the Noose Lodge is currently .~?the re-zoning process for a parcel adjacent to the activity center i~:~at Vanderbtlt Drive and Airport Road. He indicated that ,be, required to obtain a new liquor license for this. area. ' 'Co-missioner Volpe questioned the current capacity of the Noose Lodge in terms of the number of people that can be accommodated If there ts a banquet7 Nr~ Lee stated the Noose Lodge could accommodate approximately .1:250 patrons tn the restaurant and a large amount tn the lounge portion 'the facility, which Hr. Nul~lna la proposing to c~oee. ?.*:;:i' Commlsgtoner Volpe questioned the square footage of the facility :-as well as the square footage to be used for the restaurant. Nr. Lee stated the facility is approximately 13,000 square feet 8,?00 square feet wtll be used for the restaurant which includes the kitchen, restrooms and entrance foyer He noted the additional 5.~000 square feet will be used aa office space. Commissioner Vo~pe Indicated there are other accessory uses that :**' could be permitted for the additional 5,000 square feet. ~'"~" - ,Nr. Los noted that the zoning ordinance has certain parking .":.:requirements for restaurants and offices, 1/m/ting the amount of :lng on the site. He indicated the parking that ts proposed takes account the restaurant and the 5,000 square foot office, which ts :the maximum Intensity use for this project. [(:~: Commissioner Vol'ps stated the. establishment ts near a residential and tn an activity center, and the additional 5,000 square feet :~:wt~h the acquisition of additional parking could allow for expansion lounge. Nr0 Lee stated there ts no intent to acquire additional parking. Nay l~, ~oted the establLsl~nent Le ~Lm/ted geographXcall¥ as well as by the mont contract. i~["~Comntsetoner Saundere questioned ~he type of liquor license that ll~be applied for? ,Nr, Lee stated Nr Nul~tns w~l~ be applying for a restaUrant. ll~ens~ that will require the establishment to sell 51~ gross tn food. 'He.Indicated ~ha~ Nr. Null~ne could apply for a club license ~h~ch has ~ o restrictions, and still agree to 49~ l~quor sales. He noted ~(;.]~ulltns has agreed to the 49~ l~quor sales stipulation. ' Co-missioner Hasse questioned If the old Noose Lodge ks going to on site, and If ~he property has been leased or sold tn its entirety to Nr. ' Nr0 Lee sta~ed ~he old Noose Lodge has an area approximately 40 feet,~lde, the depth of the smaller portion of the lot, which was sold the Executive Development Council several years ago. He ~ndlcated l~ul~lne will no~ be purchasing tha~ pork~on of the lot. Co~ssloner Hasse questioned where ~he property ~ne Hr. Lee s~a~ed ~he proper~y l~ne falls 5 ~ee~ to the eastern por- tion of the existing o~d Hoose Lodge. Co~lssloner Hasse ~es~loned how one can access the back portion ~he~Proper~y? ~, ~ae ~ndtcated ~r. ~ulllne has a verbal easement through~th western entr~ce of the parcel. ~:'"~.Co~ss~one~ Sa~de~s ~ee~oned ~he~he~ ~h~s ~s ~ appropriate ,n fo~ a ~es~au~an~?. He a~eo ~es~oned ~he need fo~ ~ o~d~- -nance tha~ ~equ~ee a separation be~een a chu~ch/schoo~ and es~ab~s~en~ ~ha~ se~e a~coho~c beverages ~f ~he~e ~e on~y a ~20 ~ separation? ~,-.~n ~er to Co~leeloner Sanders, Mr ~ul~ere stated t~at there ~:.be: al~gatln~ c~rcuastancee, a natural or nanaade bo~dar~, which' allow the Planning Co--lesion to grant a waiver ~n situations they otherwise might not be allowed w~th a reduced d~st~ce Nay 15, 1990 ~i)i~:~..Nr. Nulhere Indicated the ordinance states the calculations ars ~. be made from property to property or lot to lot. He noted 120 feet 'Aa not a Substantial separation and the right-of-way alone is not a substantial enough separation between the two properties. Commissioner Saunders stated there ts basis and logic for the separation, and noted the proper dischssion should be in regards to '[':~i',approprIateness of an establishment that sells alcoholic beverages .within 120 feet of a church/school. :,Commissioner Volpe Indicated that this area is In an activity ~icenter and having a church adjacent to a restaurant could anticipate ~ usage. He stated the importance of the variance but noted the establishment is very close ~o a residential neighborhood that has .reseed concerns regarding traffic, hours of operation, and ~,,./. assurance of a restaurant operation as opposed to a lounge/nightclub. The following people spoke In favor of the proposed petition indicating the new restaurant shall be very similar to the existing 'use at this location; the lounge area will be discontinued and wall be ted to an office for real estate purposes; alcohol will still be as an accessor7 Item; revenues generated from food Items will be approximately 51~; s~Onage directing traffic to enter and exit the ;~!/propert¥ from U.S. 41 w~l! be erected; there w~ll be a limited n~mber ,.,;::,of billiard tables and video games; there will be no outdoor enter- ~.' ~ . ~tatnment; and the elevated stage will be removed: · [:,. ~r. Ken Meyhart /~? ,: The fo/lowing persons spoke tn opposition to the proposed noting that drivers departing from the restaurant will no ~er have ready access to U.S. 41 South, because that access point ,.has been eliminated and vehicles will be taking short cute through ~the residential areas which will mean Increased traffic and danger to ~ Children as these streets are not Illuminated: ,Mr. Norbert Meert Mrs. Margaret Mllkowskt Victoria Todd :.~?Mr. Oeorge Keller Mr. David Canthsr Mr. Don Olancy Mrs. Jo¥ce Hull Co~daeloner 8~ders ~oved, ~econded by Co~taaLo~er Bhanahan '" Co~lsstoner Saunders stated that ~he Board has to be very care- .iL' ful 5oncerntng actions ~en on variances. He indicated the Board ts :'deffln~ng the scope and setting a precedent around which, they are [~:/' wtl~tng to grant variances. He stated ~f ~he Board ~ere ~o start .granting variances to the separation ordinance, the only petition the ~"~ ~ard would be ~n a POSit/on to deny wou~d be one where the /school ts adjacent to the facility that sells alcoholic bayers- Commissioner Saunders stated that he Is convinced that the fac/- ~'ls very. close to the church, therefore, this ts not an appropriate ,~Petltton to approve. ,:'.'Commissioner Volpe noted that the concerns and Integrity of the resid.enttal neighborhood are understood, but a variance for beer and wine was granted to Long John Silver's as well as a variance to a small Chinese restaurant tn the Golden Gate area which is in very close proximity to the Naples Christian Academy. :-'?,;A..Coulsslonsr Volpe stated tha~ the Board Is looking fo~ protec- °%~n' from these t~e of activities for churches and schools. Co~lssloner Volpe Indicated that there Is a substantial barrier a~ .the present; there la a 4-lane divided highway with no vehicular ,':'aCcess from the property directly to the church, and within the five year program, this will become a 6-lane highway that will separate the rant further from the church. ~[ :',,., Co~isstoner Volpe stated the use of the reetaur~ Is causing because a pool hall conjures up a different type of image than restaur~t. '; '-~' Co,la.loner Volpe suggested tha~ the Board could cone/der addi- ,:,, , Stipulations; no live entertainment, limit the number of ~ables, signs dtrec~ln~ traffic to U.S. 41 and further limits- on the hours of operation. Co~lsstoner Volpe stated In addln9 these additional stlpula- - Nay 25, 1990 the Board may be able to err/ks a compromise between the reel- neighborhood and the establishment selling alcoholic · beverages. He further noted that this would preserve and protect the ~iJ,i~!'integritY of the residential neighborhood. ,Commissioner Saundere stated the parameter that ia being set Is a 4-lane highway, 120 feet, regardless of the location of the facility ~'.' near a ree/denttal community. He noted that this will be the para- ~:~-:, meter by which a court will Judge tf the Board denies a petition in the future. He stated that the Board is eroding the effect of the ,, ordinance that requires a separation of some distance between a faci- lity that sells alcoholic beverages and a church or school. Commissioner Hesse stated that there was mention of a license · i!? being granted to a small Chinese restaurant in the Golden Gate area. He noted that this restaurant has a very 1/mAted number of tables and 'no entertainment. He Indicated that this variance was granted eole/y ?,to let the owners stay An business. He stated that the Chinese ~:i~reetaurant As further away in distance from the church/school area ?* than the facility in quest/on Aa, therefore, it should have no bearing on this subject. Commissioner Goodnlght stated she ts tn agreement with Commissioner Saunders and Commissioner Volpe in regards to being con- with ordinances. ,~.,!.~ ,Commissioner Goodntght Indicated the problem with the ord/nance is the Noos~ Lodge was there before the church moved on the property, ~fors, the Noose Lodge is grandfathered In. She stated that nothing allowable will be able to move In afterwards because the ~church chose that piece of property next to the Noose Lodge. Co~1eeloner Ooodnlght noted the ord/nance should a~ate tha~ :-churchem cannot move In next door to a facility that Is a/ready alcoholic beverages. Co~lesloner Goodn/ght stated as far as the petition 1e con- [cerned, .there could be a compromise If the petitioner te wllllng to She suggested compromises as follows: reduction In hours of ~*i, Hay 15, 1990 ,..,,-. ; spirits not to be sold, only beer and w/ne; and.a family .restaurant only, with no pool tables or video ga~ee. She again .. ·noted that there could be a compromise if the petitioner Ie willing, - but If not, the Board has to be consistent with the ordinance and not 'allow the facility to function. -.. -· loner Goodntght indicated that what the petitioner ts pro- P~s.!ng could be harmful to the neighborhood and also to the church and Schools that surround the facility. . Co~u~tssloner Shanahan stated that the ordinance takes precedence ': over all the items mentioned and unless there is a serious compromise, he could not vote tn favor of this petition. ~ Mr. Lee stated that the petitioner has a fundamental problem with :t not serving liquor at this establishment, noting the tremendous mark up on liquor which Is part of the marketing strategy. He noted ;i[that the petitioner ts willing to limit the hours of operation to an opening time of 11:30 A.M. and a closing time of 1:00 A.M. He tndt- by opening at 11:30 A.M., this allows for a lunch crowd in a · '!Comfortable atmosphere. ;i'?-~".Co~lsetoner Volpe questioned the limited number of pool tables? -~*v Mr. Lee stated the number of pool tables will be limited to five, that this is not a large number tn comparison to what Is 'classified as a pool hall. · Mr. Lee'stated that Mr. Nulltne does not want to run a nightclub ~b~t wants to run a family oriented restaurant He noted Hr Nulltns ~reeently has a restaurant that operates well with a church adjacent to the facility and has no problems. · ;~:~ ' Commissioner Hasse questioned video games? .Hr. Lee stated that there will be table top video games, noting :';that~umerous other restaurants tn to~ operate such games. Ztam d~B2 ORDZiM31CI 90-35 RE PETZT/OI R-90-15, COLLZERCOU'~I'y TRANSPORTATION SERVICES &DM~IZSTRATZON, REQUESTING A REZONE FROH A-! I~ TO "Z" I)IDUiTRIAL FOR PROP~tTT LOCATED RORTHOF TI~ li~IOFJIZ,~AZRPORTAJID AT RORTRMEST CORWER OF TEE PROPOSED ~IO~OEALER INDUSTRIAL PARE ~UB3'KCT TO PKTITIOIFERtS AG~mqKiqT - ADOPTED Legal notice having been published in the Naples Daily News on :"~ April X9, 1990, as evidenced by Affidavit of Publication filed with th, Cl,rk. public hearing was op,ned to oonsider Petition R-90- 5. :':~..filed by Collier County Transportation Services Administration, & rezone from A-1MH to mX" Industrial for property located north of the Immokalee Airport and at northwest corner of the proposed :: lmmokalee Industrial Park Planner Ray Bellows explained the petition, saying it ~ae a ~['requeet for rezonlng of 60 acres of county-owned property Just north .the lmmoka~ee airport from A-1 NH to "In Industrial, in order %0 .,, ' include it in the proposed immokalee Industrial Park. He added that the proposed rezoning will complete the rezoning of property for the :. ' ial park. The petition, he continued, has been reviewed by all ~.~neceeeary agencies including Project Review Services and no objections :.:/:'.have been noted. Appropriate mitigation measures and stipulations (;:....: .been included and the request ~ consistent with the ~rowth ~?:~anagement Plan, Mr. Bellows stated. The Collier County Planning ' "'Commission (CCPC) held a public hearing on April ~9, ~990, and have ,fo~arded ~hie petition to the BCC with an unanimous recommendation of approval subject to staff's stipulations, he said. Coutseloner Vo~pe questioned whether staff had not planned to process this petition simultaneously ~lth a petition for the provl- alone! use of 60 acres for the Polycycle project. Mr. Bellows lndi- ';~.:'.'cated that the provisional use had to be continued until the ::i?envlronmental concerns were eddreeeed~ however those concerns have addressed and that petition will be heard on May 17, 1990 at the . .. Commission meeting. There were no epeakere. '.'~" ;.~c~A~'~l~l~, to clooe the ~blAc he~A~. ~t~, ~bJect to t~ ~et~t~o~r,e ~~nt ~ -nter~ Into AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 46-29-7 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT TNZ IMMOKALEE AIRPORT PROPOSED INDUSTRIAL PARK IN SECTION 26, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA FROM "A-IMH" AGRICULTURAL DISTRICT TO "I" INDUSTRIAL DIS- TRICT FOR A RECYCLING FACILITY; AND BY PROVIDING AN EFFECTIVE DATE. FOR AI~I~XTFltO~I~tFOIt~ALOFVgG~TATZO~AT TZ~tTAZL ~la~ _ APPROVED Kevln O"Donnell, Public Services Administrator, explained that this request ts to receive Board direction to'apply for vegetation removal at Tlgertatl Beach. He said there are two options available: [l) to go back to the 1983-84 vegetation line which would result In removal of about 373,000 square feet of vegetation or (2) cleaning semi-circular pockets of vegetation totaling flO,O00 square feet. A "separate permit for beach raking will be applied for to keep the area =~]~i~i<cls&r of regrowth vegetation, he continued, and the Parks and · Recreation advisory board has recommended the first alternative men- .~r.: .tioned. The cost of this alternative would be about $12,000 and the ~'?'seml-clrcular clearing would cost approximately $3,000, Mr. O~Donnell ~concluded. ~--. The current population using Ttgertatl Beach, he added, la roughly 1,000/da¥ people and a growth factor of 1,000 Ia expected. Commissioner Hesse asked tfa permit must be obtained from the State for this vegetation removal and Mr O'Donnsll replied afflr- ~at'lvely, saying State approval must be applied for. Co~aissioner · )'i~(ii, Haeee said he had walked the area and there was a heavy growth of sands~rs and weeds. Mr. O'Donnell said within the vegetation there ,,~.: Is some protected vegetation that may inadvertently be removed along with the unprotected species, thus the authorization to apply for m ~D~R permit Ie necessary ~[ ' Commissioner Volpe asked if this was an outgrowth of the Marco ?.u~ Island beach nourishment project and Mr. O'Donnell said this did not '~;~ -~. ' dSrectl¥, thSs Is the result of many complaints from the public regarding the overgrowth of vegetation at Tlgertat2 Beach. He said that the increased growth of vegetation on Sand Dollar Island has ?~changed the wave action and this has encouraged overgrowth. ~ ' eisner Hesse asked if this ts a result of sand being eroded from -:Ttgertall Beach and added to Sand Dollar Island? Mr O'Donnell smld i~'l~.~i:-,~%':':..'~::;~' ;-~ try with heavy use and [~4;~"~;'; going at that area. Nr. O'Doaell said th .[~;~,:}., . at tn 1983 some pl~tln - P n~ ltn~s, but hs also ~ants ~o provlts ~;!'~'~::~waterfron~ lot the public ~o use as ~ activity center. Co~leeloner ~:~>,;_~'.' Volps ~satton~d th~ cost of ~xt~ndin~ the d~s ~alkov~rs '.L~ "'~l~ln9 ~r~ don~ ~ro~ ~ h19~ ~at~r lln~ to a point 2~ s~W~r~ of the duns v~s~ation lln~, N~, 0~o~11 sat~ that would 'n~c~ssitat~ ~xt~ndln9 th~ d~ ~lkov~ra about 2~ f~t In order th~ public ~ov~ past th~ v~tatlon line, ~e contlnu~ his ~xplana- . r~ov~l of about 3~,000 s~ars ~st o~ ~ro~th. -... .~o~laslon~r Hass~ aal~ h~ do~s not ~1 th~ pocket r~oval Is an · pproprl~t~ ~ours~ o~ a~tlon ~ N~, O~Do~sll sxplatn~ staI~ f'" ~ryln~ to a~co~o~a~ ~nvl~o~ntal ~on~rns by not r~movln9 an ~ o~ vegetation. ~s sal~ ~h~t ~ls~sstons with t~s ~l~s Division ~d Parks ~d R~cr~tton Advisory Boards ~n~ourag~ .?.;' ~oln~ ba~ ~o ~hat staf~ calls 'the ~r~n line" tn order to r~stor~ . th~ b~a~h to wha~ 1~ ~as ~or~rly ~n ~ a~ t~ Bo~r~ ~n :~} th~ lln~ ~h~r~v~r It ~lsh~s In lnst~ctln~ sta~ to apply ~or ~!--/..'- vegetation removal permit, leaving the opportunity to do some mttl a ~ ~.~;;-.~'. g - ii.i":.'i, ::. N~, La~ry Bastk. Narco Isled resident, repreeented members of the ,.c, ,..oc,.,,o,. ,. ,,. ~~:, that ~ ~ormer purveyor ~t ~he be~ch used to rake the ba~ch w ~~:~;': discouraged growth Into the clel~ I~d area, but after that :~.~: ' ~dded, not to continue r~ing the beach, Other facilities along the shore r~e their beaches, he noted, and plant growth there ts '. controllet. Because of changed wave action, the d~es do no~ serve ~the s~s-pur~ee they once did and the Homeo~ers lssoct~tlon would ;,& · May 15, 1990 'llk~'to see the vegetation removed back to the original dune line. :.~,~.,.. Co-missioner Shanahan questioned how much square footage will be If staff clears back to the 1983 line? Mr. Harry Huber, Technical Services Supervisor, said that the densest vegetation has moved out to the "green line" and thus the :ion was made to remove that ~uch and do some mitigation farther back on the beach; to go bagk to the 1983 line would entail almost 500,000 square feet of vegetation removal. Mr, Frank Blanchard presented a letter from Mr. Buell ~ueller, a ~ember of the Parks and Recreation Advisory Board which indicated his .desire to see thio source of beach recreation restored for tho'use of the public. It t8 one of the last wide beaches in Southwest Florida and ho expressed the Idea that the County has an obligation to the people of the County to correct the error of cessation of beach-raking and restore the beach for public enjoyment. ;?,. Hr. ~ueller said the County must not allow this primary beach access to become grasslands. Hr. Blanchard continued, representing Southseas Condominiums Immediately adjacent to TAgertail Park, which consists of 1,265 units, saying the residents of this development are concerned over the deterioration of TlgertaI1 Beach. He reported* that only five years ago it was the model of a seashore park with large a~0unts of whats sand and now there is a large growth of weeds and sandspurs which are now seeding the beach in front of the Southeeas Condominiums. Hr. Blanchard said they hope the beach w/A1 be restored to active recreation back to the 1983 line and, fa/ling that, to the "green line." '~'' - Mrs. Helen Drummond of 596 Hsrnando Drive, said she laves on the corner near the beach and watches the children on the beach and takes her grandchildren there as well. She deplored the increasing loss of !':'open beach area, having first aeon it four years ago when At was in [~x~ollent'condltton. She asked if the Board realtzos how difficult it f.f. ls to control children's explorations on the beach and keep them out ~'*'of the sandepura and weeds. She commented that it As difficult and Page i~.'.:~..'~,lng, b*cau.e the ovsrgrowth uke, it tmpo,,lble to rel~ ~d ~~?n:o¥ the beach with the fa. Ii¥, and .he agrees with coments ,ads by ~. Mrs. Sally Baronzzi from M~grove Court on Marco ~;~?. ~.. ' Island presented ~,!~- photo~raph~ of the beach taken bF the Mar co Isled Eagle to 8how the ch~ges -hLch have taken place in this actLvLt~ area. About 8ix years ago, 8he recalled, the envlro~ : entilLste created ~ d~e arel and ~?~ ,' Planted sea oets, bul~t board,a~k8 and the user8 of the beach have respected that dune area over the years. About three year8 ago, ohs ~.[... ~, continued, the c~eaning and raking of the sand ortlo ~~-. Y P n of the beach ~~ ,e h,lted ~d the -seas grew to the point ,here /' could not .reach the trash cans. The trash cans were moved do~ toward the water ~[~fabout fift~ feet and soon visitors could not reach those for the ~;:~:' e~depurs, Mrs. 'Baronzzt said, ~d Joggers c~ot find room to r~. She said although she has been attending Park Board clear the beach of growth back to the 1983 line, and th - e semi circular clearing plan le no~ acceptable to the loca I residents. She added ~?..~er protected veget,tion Ii th-t le needed. g the end of the · xi,tin, boardwalks at the d~., restoration area. · ,' De. Fr~ Stallings, the Conservancy, stated they clearly reco ize ' ~ the need of beach visitors to have a pleaser, open area Continued, the cleartn ,lth the natural conditions and he feels that the reco~endat ton for i.~!'i.;':.'?alternatlve 2 sho~ t :i:::::: ':: :: :::: ::::'::::--' .o., co.,.,,,,. · i t d for clarification Of his state- ,h. co--,__, .,. ,o, rets,end clearln, back ,o the "green ;~':T~ltne?" Dr. 8tailings responded that the Conservancy did not reco~aend ~;'to Clear back to the green line, but to clear the first area, the red area, which is based upon a standard of 100 square feat per person. He said 'that will be more easily permitted by the DNR. Commissioner Hesse said he wee surprised by that statement, because the vegetation on tha~ beach l~ weeds growth and does not add to. the natural beauty of the enviro~ent. He feels that the board- ?~'walkl should be usable as they are, wlthouk additions being made f~(.~-'.[-. Dr. Stallings said their reco~endat~on ~ae based on providing users enough space for ~heir beach activities. He added tha~ parking t~ so lime,ed at present that there ~e no~ roo~ for ~ A.N. because the beach area ~s es ~ted there ts not enough ~pace , o la~ on the beach. ~e feels there should be ~ore claar .:: area provided use ~. Dr. Stallings said tha~ there are natural ch~ges going on beach ,nv~ronmen,, Co~,,loner Hesse Interjected that If the County can prolong the public use of th~s beach, ~t should be done because of Nr. K~m Kobz, Chairman of the Parks and Recreation Advisory Board, ea~d he ~s present at the re~eet of D~rector O'Do~ell to speak l{~Z?::-~...: board held two conducting beach walks by board members ~d experts ~nvolved, he said. involved In thio Issue--whether thio 'will remain an active beach site I~'::i~i::br whether .tt will become a pass,ye recreation fecAl,ry. 'In rev,swing ~~,a~.o cone,der couent, made and evidence presented concern,ng a .< 'C · '~" augge~ting a clearing project to the high mean watermark, not back to ' the 1983 line. He added that from an historical perepectAve, had. the ~ibe$Ch been raked from 1907, the beach would be free of grasses and '::: vegetation. ~'~ubatantisl leas of concessionaAre revenues due to the changes An the . :~ iril and, hi continued, thl¥ tr~ed to ~e~oh ~ compromise ~n Co~ssloner Hesse asked why the raking had been halted and~. . Kob= la~d that the Board never dAecovered why it had been stopped. ' 'Nr, OSDonnell said that there was never a formal stop-order, but a :..prevAoue member of the Natural Resources Department had ICtld a member An charge of the park ~atntenance section and asked them to refrain from rakAng and they accoemodated him. Thus, he said '.,..":~".." were cooperating w~th a request from the Natural Resources An allowAng the vegetation to proliferate, ~n addition to ~.....the change at Sand Dollar Island which affected the wave action at .TAgertaA! Beach. ' Nr. George Keller, representing Collier County Civic Federation, '~:sald that Tlgertail Beach is worth a great deal of money to icoUllty and fes~e the State should issue a permit to restore it for recreation and it should be taken back to the 1983 line. -'-.. Comuissloner Yelps agreed the vegetation should be releovad, but ~tli~#ork ~a unbudgsted and will amount to about $12,000 to clear back ('to the green line. l~ro O~Donnell said it wll~ be charged to the Parks .and Recreation operations, If approved. ConunAseloner Volpe asked ~f Co~lstoner Vo~pe asked if a "bed t~" could f~d this project? could not co~ent. "~' to d%~t etafZ to ~3~ to t~ F2o~ ~~t of la~al to t~ o~g~l lOO~ 2~ne~ ~~, ~f th~o ~ooNo a p~obl~ ~n Mr. ~llliam Lorenz commented on some o~ the concerns he and other staff have regarding the degree of clearin that . .. g will be permitted by the D~. From a permitting st~d~n~, he said, there may be problems An get~lng back to a ~hi~e sandy beach condition ~d It must be recognized that whale there are certain .eeda there, there also profected species An that general distribution. Xf a tokai r~Ang I~::i!'~::i- Mr. Lorenz explained that the whole coastal area ,a dyn, ic, and back and have a white, clean beach from the mean high water line clear back to the 1983 line, he noted. Again, staff attempted to balance the.recreational needs, using 100 square foot per person, ha said, which le the Florida standard, at 1000 people/day which Is the .mxi- Couissioner Saunders commented that if a beach area has not been raked for a period of years and weeds start growing, and suddenly there are protected species among the other growth, how, he asked, do what wa see today and five years past is not how the beach wil~ be fAYe years from today because of coastal processes. A large part of oastal regulations in the area are designed, he said, to ensure that those dynamic conditions occur naturally, that man does not interfere with them and thus cause greater degradation of our coastline. Xn this case, he continued, those species have grown up because they are naturally acclimated to that area, due to the fact that the area has changed, He pointed out on the map that when one looks at the · possibility of Sand Dollar Xsland folding back on itself on the beach, then another area might become the active dune line. Staff, he said, :~1 tr~ed to compromise between protecting the beach against future changes and making it active for people. Coutssioner Hesse interjected that if Sand Dollar ~sland folds !:i~:~...back on the beach and the beach becomes so w~de it cannot possibly be ':.:totally utilized for active recreation that is the time to let the I.~.'.~...~. greenery grow back; but not at present when the beach la needed for :~ -?-r,( · , . 15, 1990 '. i~¥''. "" Co.t..toner Vo,p...,d th. Co~t, ,. not armor lng the beach OF .oaethtng to affect the natural coastal p~ocea, that ,. t~,ng ~,;;, ~ ~lace, ed he concurs w~th Coutsa~onet ~asae~s statement. Legal notice having been published tn the Naples Daily Hews on April 19, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to conetder Petition R-89-28, filed by Hole, Montes & Associates representing Fred~'tck R. Paule¥, T~uetee, re rezone fro~ A-2 to PUD for O~C~ CO~FC~ &~d lnd~trtal uses for Brentwood PUD located on the south s/de of l~oka/ee Road East of Interstate Co~tsstoner Volpe stated he would refrain from voting on this Plier Ra~ond Bello.s explained that this petition Is to re.est · rezonlng of ~pproxtma~ely 18.6~ acres from A-2 to PUD to Illo~ for a . It Is located ~lthln the Urb~ Residential Area" ~d is also ~lthln M~agement P2an Map, a prefe~red 2ocat~on for such m~xed uae develo ment. M~ Mr. Robert ~ane of Hole, Montes and Associates, representing tt borders on the east on a canal; plans Include a T5 foot set-back for buildings and 25 foot buffers. Included In the plan are restrlc- ~on~ on loading and ~oad~ng veh~cle~, re~tr~ct~on~ on outside storage, ~d restricted hours of operation, he added, a~ ~ell ~s a ~arge Jeparat~on'on the southern border o f the propert~ o~ 800 feet ensue compatibility .~th ~y residential neighbors. ~ c~e befo~e the cc~c. Lrec~]~ fronting on Z~okalee ~oad. ~r. Duane replied there ~e a f: h~.petltloner, said there are no issues outst~dlng between staff :~d the petitioner on thle re~eet, but In she.er [ ,.'/~;t this development, ~htch to a business park. This ~tll prlaartl be {~<.:~;t,.comprloed of office uses with a~lllar/ uses for warehousing ~d who- ~'~:' He noted that this pl~ calla for exteno P pace and buffer~ ~d one-acre sate (out of the total la acres) at that location and At Is . ~i"open ,or C-4 retail u.s.. There we I~',~ ,/: .~,:; .' ,-;, re no speakers. ' ~ c~,.d ~lmly, to cio. tb ~lic ~ c~t~ 4/0 (Con/oolo~r Vol~ abstain), t~t t~ ord/~e i.~;;'.:::::"~ ~tored Into O,dl~ce ~k Io.38, 0 OF ...... · ....... u~U~TED AREA COLLIER COU~Y, FLORIDA BY ~E~IN~ THE OFFICIAL ZONING ATLAS ~p ~BER 48-26-9; BY CH~GING TH~ ZONIN~ CLASSI- FICATION OF THE H~REIN DESCRIBED REAL PROPERTY FOR PROPERTY LOCATED AT ~O~LEE ROAD (CR-846) AND I-~5 FOR RETAIL, OFFICE, CO~ERCIAL AND INDUSTRIAL USES, LOCATED IN THE SOUTHEAST QUAD~NT IN SECTION 30, T0~SHIP 48 SOUTH, ~GE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1~.67+ ACHES; AND BY PROVIDING ~ EFFECT~V E DATE. 000C1 O32 ~TXMO A ~ZO~ ~ A-2 TO ~ ~R 146 ~TX-ff~XLY HOUBXHO ~XT8 TO BE ~ ~ ~OT SXDI OF O~ U.S. ~ ~R ~ CLUB ~ fOR ~OP~ LYXMO OW (C.R, 887)~ MOR~ ~S, CO~XSTXIG Lega~ notice hav~ng been pub~Aohe~ An ~he Naples Dal~y New8 on April 19, 1990, as evidenced by A~fldavtt or ~bl~cat~on ~tled the Clerk, public hearing ~a8 opsned to consider Petition R-90-5 Harvey S~rau88 of Alpha Engineering o~ Lee Cowry,. Inc. , representing Jo~ D. ~assy, re rezone from A-2 to PUD for 246 muJt~-f~y affor- .dabl° houolng units for Arbor L~e Club POD for propert~ lying on the west sade o~ Old-U.S. 41 (C.R.. 887), North Naples, conmAotlng of 22.36 acreo. ~::....~ :~:~[ :~ ..... ': Pl~er PhAllp Schef~ explaAned that the propert~ con, late of ~developed Z~d. zoned A-2 with ecattered trees, wll:h adjacent l~do zoned A-2 ~d lnduotrAaA, ~d ~F-6 ~d the C~reso Head PUD to the ~eo~, He further orated the~ tho subject property ~8 located within 1~',?'/8~A~latlon nN" whAch was reco.ended to be deleted. Ho ~oted a ~':'J'~::~'~"'i~PUllt~On which wal added by oral f, 9tApulation "U" demcrAbem the mAxture of housAng for the proposed project, 20 percen~ for ~ow Income f~A.l~e~, or 50 un,t8 ~hen completed, no re~lred b~ U.S. Department o~ HouoAng ~d Urb~ Development for houoeholdo wZthln the Haple8 ~.Notro~l~an 8~o~c8~ Area, ~.,~f'.~ --~: . . MF, 8cheff oald tha~ Stipulation B' ~ao amended to add, "the develo~r ohou3d coordinate the o~zSng, location ~d method of ~heoe offf-o~te utAl~tleo fac~llt~eo MAth the Ut~l~t~eo DAv~o~on pr~or tO ,ubmSmmlon of conotructlon documento for thi. project," referred then to Stipulation "W", with I new mub-mection adde~ ' O00ClO0 ~'t.t:~ (' ,.:.' ~~~...~:, :- May {;.~!;r:'~[':lollowe,~...~_.:~ "The Arbor L~e Club project shall be operated In accordance project o~er ~d the Collier Co~ty Board of County Co~1881oners." {~)~:~;i-Aprll 19, 1990, and recommended approval by a vote of 6/1, subject to staff stipulations, after no public comments or correspondence were Affordable Houstn~ AGreement for tht~ petition and it ha~ been I ~:., ~. completed and reviewed by the County Attorney's office. He 8aid that ;?..':/the range of total adjusted household income for moderate income fmmi- I:~}~.. lies bas been changed from 81-.100 percent to 81-1.20 pa,cent and staff I-- I~.:),'t~t~.recommende that Stipulation "U" st this agreement be revised to ~.~'reflect that change, as well ae minor chan~es in language to have the .~.,. ~ . · ~?..PUD document and the Master Plan in agreement. I~,-~,,-[~? !"?" Commissioner ~aeee questioned If there tea sufficient water - l~,~.i,~:'..uppl¥ for tble development, to which Mr. 8chaff replied thio develop- !~.'~.-(-';',~ mint to subject to the Concurrency Management System under tho ~l~,'~f:':. Adequate Public ~actlitlee Ordinance and at the time o~ lite develop- I~:'~.' mint plan approval by staff ie subject to review for adequate water m~:",. :.. . Commteeloner Saundere eteted that Commleetoner Vo3pe ;~uet received. I~'{~/~/,~j an emergen.¥ telephone call due and aeked if it would be appropriate l~,.:.~..,:...,.:~ ;*~' eaJ. d the public hearing can remain open and the Board can return to i~'~.?:~, thte item later. ~.~: ,. Co~te.~oner Vo~pe asked ~f there Is a water ~lne servicing thL. ,o ,,o.,.,.,.. ,o ,,o,,,. 00(10037' ~-L:,..',,~:,.:':,.. '. ., .'... ;, ** Oommlmmlonml Voli)m qVeltlonet made .with the Utilities Department regarding financing these lines. ::~:{';i~:~.He then explained tha~ according to ProJec~ Revle~ Services Staff ~d Co~ty Utilities, the l~age An the ~tlpulatlon l~ appropriate: ~I~ Ippllc~t shall extend the force presently terainated at L~ark Estates .ob*l. Home Park up to the project ,ithin Old U.S. 41 right-of-way. The size and location shall be coordinated ,lth the Co~? Utilittss Division. Tie developer oII-slt~ utllitl~s facilities ~lth th~ ~tilltl~s Division prior to submission o~ construction do~ents for this project. Nr. Scheff said either the petitioner or a mutual agreement bet- ween ~he pe~l~loner ~d others that will be utilizing this line will l~[~'(~Y for the ilne,. ]~:.~-... ! Co,issloner Hesse ~es,loned if the ~ard gets involved in this ' ' ]~*..":-~tter at all ~d ~r. Sc~eff responded negatively adding t~at t~e onl~ ag~:::,.. ~.. ~,~}111 the cowry ~ould becoll tnvolvld 1~ II th~ petlttone~ wilts ~ttl the County constructs the water lines, bu~ that le not likely to occur In the near future. . : ..' .:..- . established for this PUD that en~ures that the development of this proJec~ shall be~in ,l~hln a certain n~ber of years, ae co,anted '~'?/th~ thsre Is ~no~her P~D in this ~rs~ ~hich ~ ~pprove~ several . years ego. ~d the o~er recently c~e before the Board saying tha~ the waterlines are not there, thus the development cannot proceed. Nr. Scheff said that this project is subject to concurrency require- ~:~:." manta but this petition is only for rezone of the property and ~ny i~,-~i:;'.othe~ l,sue will ~ ,ubS,ct to .lt. d.v, lop, ent pl~ .pprov,~. ,t.ff ! f~?~;L-'/: Commissioner Volpe in. ired why ~he agreement has no~ e~ been :~>{~;,sl~ed by the petitioner and Nr. Scheff said this agreemen~ contains l~age tha~ provides for moderate Income families up ~o 100 percen~ Inclusive of median adjusted urosa Income ~ha~ will be ch~ed to "110 percent." ~en the landaus chan~es have been completed, he · ssured the Board, the petitioner ~tll then st~n the agreement. :~ Nr. ~dley Goodle~te, ~l~h C~lngs and p~tttton~r, appeared b~fore ~h~ Board and said that lan~ag~ addressing an obligation ~o co~ence construction within a five-year c~l~ ~/0 that the ordl~ ~t~ ~b~ec~ to the Petitioner's t~nt ~d lml·tton b~ Included that constr~ctlon b~lln within · fiv~-y~ p~rtod ~d If tat r~qutre~nt ts not ~et, the ~tter b~ brought b~c~ b~fore the Board of County Co--laalonera fo~ review. ORDXWCE NO. 90-37 AN ORDINANCE AMENDING ORDXNANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 48-25-2~ BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS'ARBOR LA~E CLUB FOR AFFORDABLE HOUSING ON PROPERTY LOCATED ON THE WEST SIDE OF OLD U.S. 41(C.R. 887} APPROXIMATELY 660 F~ET DUE SOUTH OF THE NORTH SECTION LINE OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLOR- IDA, CONSISTING OF 22.36 ± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Page 27- - t ~ ~un ~u~] z~O~S, Cl~ ~O~CT ::~? thlt ~hJ. ~. a request ~o~ the Board to con~tde~ a :~ :': ag~eemen~ ~o ~he consulting engineering services con~ac~ w~h Ho~e, ~..~ ~-. ~on~es ~d Associates, Inc. fo~ add~ona~ P~ofess~ona~ services ~n /.~.,[ the amour off $126,703.44 for the ~orth NapleB Roadway HSTU Project (LivinGston Road) The roadwa~ project '~:/~: :::( Hole~ Hontea and Associates, 1nc, ~as selected to pe~fo~m comp~ahen- ~../.~-' plying, des/~ and permitting se~/ce8, he satd. ~e~ the ~?~'- few year~, ~. A~chtbald con~tnued, the services p~ovlded by this con- ~.~ I~]ng fJ~m have 'expanded f~om p~e~mJna~y p~a~]ng I.~?. :. poses, He sa~d ~oda? he ~J update ~he Board' l:.. ., proJec~ and ~111 also address some of the financing issues which may ; ~.[. : ~,'~, ar/aa, ~' ::' "::'~;:~[';~. ~cfi~ba~d a~a~e~ ~a~ o~ c.a. B4B a concrete box c~Ve~ had e.~a~ ~o cha~ I~:~.~ ? ~ ge to a b~tdge design. ~e said the lira ~i11 i 6:;",.~dded, coete to design ~ bridge with concrete piling. In an eatiaate ]~.:: . ~o~ o~ s~.~32.57. ~e noted ~he o~g~nal amo~ ~aa abou~ S~6.252. ~'~:,~::" .. . J~ ": ~e 8.id the pro~ect ~a. planned ~o~ c0nstructto ~%:. · n tn ~990 but there l:~.:'~ ' have been a aeries of environmental-related delays because of having t · ~o conduc~ env~o~en~a~ ~:):~': ~ P , ove~al~ time f~ame to Perform ~unctjona o~ ~oad~a~ !~: .... 'de.i~ wiii be delayed eigh~ to ~en .onthe. s~a~l ha..a~e J~ :":'" 'sis of the effects of such delay baaed u o ]4~,. . - p n ~age rates for future 'l~,:;'~.' activities, he no,ed, resulting In an I~. g Justment. i~;~[:*~.:.- ' Hr. Archibald said ~h/s has resulted in i~:: $63,806.98 which includes some sub-consultant work. ~ ,./,',~ · ~ ' ~;.:~..:,:: . r ,.~. . .'> . . Z~,:' '::.:' :': '. ' I~!. ;. He then addressed rtght-of-wa~, service ~"~f ,,4lc+ ......... s, recalling that the pro- order to update all the o~ermhlp encumbrances and provide · ''.eketches ~ecessar~, the consul~an~ has l~cur=ed ]~t;' ~ Staff hal determined some added costs. !~'~' that the increased fee · i1 ~e $32,896.46, he added. J~?~;... menJa~ pe~m~t~ng ~h~c~, he explained, has ~esu~ted ~n some de~a~s. be some env~onmen~a~ ~ev~e~e necessa~ a~d some additional Je~v~cea du~ng ~he pe~m~n~ Phase ~ be ~e~ed, ~hJch ~;~.: ~nC~ude s~ud~ee fo~ ]~P~C~s on vegeta~on. ~nd ]~pacts of ~es of web,and co~un~es -~n ~he ~oad co~do~. S~nce one web,and le~v]cee have been se~ a~ .~ 1 effect of all these chart-es ~ne contrac~ service amount from 8580,000 to 8709,961, and the dlf- .. . w ~e ay a March, ~99~, deadline for both er- mitring ~nd design, and entering the construct/ ..... d he ~t concerned ~ha~ ~-~ .... expending more . funds on a proJec~ deemed unacceptable. Perhaps, he · J~j~:~.con~lnued, the county should pause to determine ~f, ~n fact, it ~n e~c- W~th these permitting agencies. Mr. Arch/bald responded that the DER, Corps of ~ngtneers ~d the fede~a~ EPA have no~ ~u~ed ~ ~e an unacceptable a~men~, bu~ have suggested Ps,haps the~e ]ea bette~ one. environmentally speaking. Because, he sa~d. ~he a~gnmen~ ma~ have ~o chugs ~n ~he a~ea -/.~.....;: are reluctant to go beyond 35 percent plans without assurance that the '~-~? effort will not be made in the corridor which may undergo change. ~i~':""': Coulssloner Volpe ~estloned if Hr. Archibald ts satisfied that the additional expenditure of funds will be money well spent. f Archibald answered that It ts no~ only money ~ell spent, but the expenditure may eliminate the need for an Environmental Impact J;;~'~;':.'. Statement. He compared this Issue to the 951 pro~ect ~ust sout~ ¥/~,~',?~ U.8.' 41, In ~htch the EIS cost ~ore than the entire contract ~oun~ and stated that this adjustment Is a necessary step prior to final design and plans; a step, he added, long overdue. He ts · : ~e~estlng approval of these change orders now tn the expectation that Oo~tsstoner Volpe addressed financing concerns, st~ttng thmt In '~.~'- the budge~ for bond financing, design co.ts ~ere estimated at $625,000 and if this proposal ia accepted, the County will be $84,000 over the ;~ budgeted amoun=, and Inquired how tha~ wtll be addressed. Mr. Archibald said the issue not only deals with the design contract, but it has to deal ~lth right-of-way. He said staff re~dy to begin ~cqulrtng right-of-way thlt ~y re. Ire a dr~-do~ on the bonds, because, to date, the design ~ork has been done ~de~ ~nd 313, (Oas T~ ~nd) ~d he assumes the ~a~ortty of the design cost will be reimbursed fro~ the assessment district o~ from the bond funds tn Fund 313. ~e stated that not only dollars spent to da~e~ but dollars represented tn the remainder of the contract, Including the change orders ~111 occur In Fund 313 and not necessarily tmpac~ the bond montes nor cause ~he bond monies ~o be dra~ do~ at ;'~' ~he p~obles fs not necessarily ~lth the ~est~n contract 'he the proble~ ~tll be tn closln~ on some parcels that are relatively t' :e~enolve. If staff can work out the all.sent wtth the DER then they ~111 be able to determine If the original schedules/dates that ~ere set fo~ proJec~ comple~ton ~lthtn ~he bond co~ltmenta are still appropriate, he said, and then determine If it Is possible to dra~ C100§4 /:~2'~;:'J-'~ Hay 15, 1990 .-:~.,.~: down on the bonds at that time. At present, Mr. Archibald coaunented, *~'~ *:,the bonds continue to stand alone and staff does not ~teh to ; ,.;~... create a risk ~or the co~t~ until the~ are certain o~ the *~*/ ,~'. He said there are presen~l~ f~ds tn ~d 313 ~o subsidize the ~~::~,~-~-design and pooolbl~ subsidize the coot of eons neceooar~ rlght-of-~a~ ~:,. ~rchase. '-*~' ' ' Mr. Arch/bald 8u~arlzed tha~ ~ht8 t8 only one In a series ~-%-*,. :?f. ':"')' steps, bu~ th~8 step does not re. Ire drawing do~ on the bonds and , - the County does not have to be at r/ok however, the dela~ tn this ] ~'~j,"~ project ~111 involve some capitalized ln~ere8~ In the "out years, ' ,~{'..~:.belng late 1992 or 1993. ~ "?'~ ' Co~tsstoner Shanahan said he ts a~lous to see progress on this ' ii'; project and If this action Is essential, then perhaps there ts no ~.. alternative. Commissioner Hasee agreed, but said the onlF problem seems to be almost monthly increases In cost. Nr Archibald said he ~.f'*~g- ~ould like Input from Finance Director Yonkosky on the bond Issue. Hr. Yonkos~ said the first tn~erea~ payment ~111 be due April 1993, ~d the bonds are drawing interest now to offset the pa~ent of ln~eres~. Nr. Archibald Interposed If there Is no drawdo~, then the ~ : principal ~tll remain the same and the earned Interest ~tll o~fset the ~'. :'~< lnteres~ to be paid ou~. Hr. Yonkoaky added that the ~unds are tn a i '['- ~ar~eed investment contrac~ earning up to ?.01 percent Interest and : ..-~'-. this ~tll cover the debt service, but bond counsel ~tll have to deter- i'~:.~? , ~lne if thq actual funds are sufficient to cover debt service, Co~lsstoner Shanahan asked ~hen staff ~tll return ~lth Phase 2 _. ~d Phase 3, ~o which Hr. Archibald answered that staff Is holding up ~:~, ? desl~ ~d also holding up closing on some real estate until per- mitring by ~he environmental agencies Is resolved. ~e added it may t~e 90 to 120 days for that step. Co~tsstoner Shanahan questioned if the coat Increases are flr~, or will there be more changes and Nr. Archibald responded that In almos~ every instance they are related to work to be performed ,'. hour]~ ~age and are ~lrm In ~hat reapect. .,.. ~.:.. 31 hesitates to see t~o County commit too ~l~ along ~hero there lo rtek, NF, Ar0hiblld oeid the design phu0 must bo continued en~ ~unded ~' ~ There were no epeakere. '~ ?', . · . ........ .C ~ion~r Sh~ ~ovsd, ~coml~ I~ ~iooi~ Vol~ ~ '(,., . C~rl~ [/0, to aut~rlze ~ Pro,somAli ~ic~ ~ Hole, ~ntmm ~ ~clmtem, Inc. fo~ t~ Llvln~ton ~ ~ml~, rl~t-of- ~Y, ~ envlr~ntal ~nlttl~ ~ctl~ In t~ ~t of ~ ..~ ~nt So. 3 ~t~ rial rol~ of lgl ~flcttn~ :.'~.'. ~ t~ C~ itton~, ~ strongly ~ staff to proc~ tlMly In ~.. or~r to ~ Pr~emm on ~lm proJ~t. Page 32? Reconvonod&t 1~28 P,#. et uhlch t/meRecoFdln~Secretary RKSOLUTXOI 00-2~9, RE PETZTXOI AV 89-029, MAYA& F. ~, ~ ~ ~R NlC~ ~ ~OS~ ~ACCZ, ~Q~TZIG V~ATZOI ~R o~ DRIp) - ~KD S~CT TO STZ~TI0~S Legal notice having been published In the Naples Daily News on April 22, 1990, ao evidenced by Affldavl~ of ~bllcation filed with the Clerk, public hearing was opened to consider Petltlon AV-89-029, . f~led by Wafaa F. A8saad, agent for Michae~ ~d Joseph Procaccl, for '- the p~pose of converting Arbo~ Boulevard and ad~olning streaks - private roadways wl~h entry ~ard gates ~ the North end Soukh entran- .'j'~ ceway8 of Arbor Boulevard, In the Vineyards of Naples development. ~. Mr. George Archibald, Tr~o~rta~lon Services .. . orated the' public hearing 18 to re.eot vacation of public interest · '~' ~d roadways that have been platted ao part 0f Arbor Boulevard, within tract "R- and tract "K~ and Vineyards unit 1 development. ..~ ./~. Mr. Archibald referred to an e~lblt referencing Pine R~dge Road ~:.' at the very South end, VanderbllT Beach Road at the very North end ~d ,. four lanes of Vineyards Boulevard. He noted that Vineyards Boulevard : co.acts Pine R~dge Road and V~derb~lt Beach Road which pre,des for [~?E: all of' the through movements and ~ct~one as a ~Jor collector or ' . m~nor arterial. ' ~. A~chlbe]d stated the develope~ has a future roadway called Ar~r Boulevard which extends ~o the eastern edge of the development, extends northwsrd tying back ~o V~neyards Boulevard ~n ~d aro~d the pro~sed school el~e. He Indicated the Petitions= le re~esting vacate the publics rtght to those segments of roadways that currently have been platted and built, and are ~ubJect to development at thio time. Ne stated that staff went through an analysis to study the transportation impact, land use Impact, the need for connectors that are outlined on Fourth Street and Fifth Street Northwest as It ts .today and at bulldout. He noted an analysis of the con~ectlons ts to Page .;~,~.~be ~ade between the residential mrem to the east of the vineyards and .,.~?:i'.~along the Logan Boulevard corridor. He further noted that a study of the Vineyards development at buildout with the function of the road- ., ways and the function of the interconnections between Logan and Arbor i Boulevards will be made. .; Nr. Archibald indicated though a smal! segment of roadway is :. being looked at, the Implications of a decision being ~ade will be :~.f~ far-reaching and will address the resalnder of Arbor Boulevard as it · --' Is developed. :~ Mr. Archibald stated that it is obvious that the lando~mer is -.~ ]~etitioning to vacate the publics interest to provide security for the development and the com=unity. ¥~.. Mr. Archibald indicated that seven letters of no objection have .r.m been received from the homeowners In the.Arbor Boulevard mrea. He .,. stated the homeowners are In support of the vacation from the stand- point that the project develops into a secure co~munity. Hr. Archibald stated that the transportation tmpacts that have , been analyzed deal with a study of the area and future traffic move- "~-$:. manta between the north/south corridor of Logan and Arbor Boulevards '-,[- on a long and short term basle. He indicated that concerns regarding :.~. this aa'tter are the attraction of trips and the routes people taka ae ~.~. ~ell ms the economic benefAt and the cost associated with making these roadways from private to public. He indicated the analysis outlined some economic benefit in using Arbor Boulevard rather than ueing :- Logan Boulevard, Pine Ridge Road or Vanderbl3t Beach Road. Be further ~, noted that the same analysis in terms of dollars, represented a very ,~:.' small amount of getn because of the trip lengths for most of the par- cels on Logan Boulevard, to the school site or the co~aercial site, which wou~d be relatively the same. Nr. Arch'ibald stated that a cost differential of 10C per mile would be approximately one thousand to three thousand dollars at bulldout. He noted that the development was studied for the years 1990 to 2000 and the years 2000 to 2025. He further noted that the ccectooGu Page '34 ': b. I better opportunity to .ce .hat deve3op..long th. corridor, Ha ttlt.d that he could not Justify the reade remaining public. been no indication of objection to the roads becoming private. CosmJssioner Hasse stated that a letter of objection was received this morning at the County Hanager'a off,ce ~rom Hr. and Nre. Hal1. Conmtssloner Hesse stated that there ars two connections between Logan Boulevard and Fifth Avenue on the north and south side. He questioned If these connections will be closed? Hr. Archibald Indicated that the connections are more ~mportant for the Vineyards development rather than the development along Logan Boulevard. He stated that Logan Boulevard w~ll be extended to C.Ro 846 and tie Into Santa Barbara Boulevard down to US41. He noted that the conmunit¥ is willing to coma~t to the tnterconnsctlons. Cosmlssloner Hesse questioned how the roadways will connect If they are ultimately going to be closed at either end? Nr. Archibald stated that the developers are studying a gated co.unity, putting a gate at the south end o~ the Vineyards, at Vanderbtlt Beach Road and at a connection going Into Logan Boulevard. Hr. Archibald stated that the connections will be Important for both vehicular and pedestrian traffic. '.'i! ' Couiseloner Hasse questioned Af there is a need for a connection ::::~';; at the south end of Fourth Street allowing for lcceel to the co~mer- ) clal development? ,~i.i. Mr. Archibald stated that if the connection is made, this will' ..::L--.provtde for a small amount of traffic movement from Logan Boulevard to' the .::'::. · west and a large amount of traffic movement from the Vineyards back to -~j:-.:. Logan Boulevard. ~,. ]~r. Archibald Indicated that an allocation of 3,000 trips per day .::.- at buildout between Arbor Boulevard and Logan Boulevard wall be ~ade. ";.. '.~.. lie noted that the trips can be directed onto Arbor Boulevard and to Vineyards Boulevard which will benefit people living In the ~-statee area. Mr. Archibald stated that If the homeowners and developer pre- :' fer a gated, secured community and will provide for the interconnec- :- :- ttons between Pine Ridge Road and Vanderbtlt Beech Road, this will ...::-' nullify the transportation Ampacts. Commissioner Hesse stated that the roadway and configuration was ~.~ granted tn return for Oaks Boulevard being removed. Mr. Archibald referenced an exhibit map showing the areas that have been pla~ted and constructed to date. He noted that these areas are being petitioned for vacation at this time. He indicated that Arbor Boulevard extends north from the Vineyards and Silver Oaks Drive Is the first intersection and ~ontere¥ Drive including the adjoining · ,.~' ' roads, extends from the s~all collector route. He further Indicated ;. that these are the areas that have been platted and developed to date. Commissioner Volpe questioned if the areas that are being con- .... : eldered extend to either connector off Logan Boulevard or do they stop short of this? Nr. Archibald responded that they do stop short and the area that is being developed is to the south of either connector. Commissioner Volpe questioned if the closing or vacation of the ~. two connectors la being considered? .; ':~ ~' Hr. Archibald responded negatively and stated that the areas ~.~:'i" which are subject to the petition extend from the Vineyards, Including Nontere¥ Drive and surrounding streets, and Silver Oaks Drive which extends to the west from Arbor Boulevard. He noted that the road --remains south of the connection, therefore, the remainder could stall become a public roadway. '- C°mmissioner Hesse stated that there would be no south turn on Arbor Boulevard if a connection was closed and the roadway were extended to Fourth Avenue. Hr. Archibald indicated that Af the roads were to become private ;', ~,:.roadwaye, the petitioner would have the option to control the point o~ access, Co~mlealoner Yelps questioned If Logan Boulevard As going to ~':;~,~ become a ~aJor corridor? Nr. Archibald responded affirmatively, stating ~hat Logan Boulevard will connect to Santa Barbara Boulevard. He Indicated that approval is being requested for an appraisal of an advanced right-of- way acquisition. Co~ieeloner Volpe asked wha{ ie being proposed for the northern section of Logan Boulevard? Hr. Archibald stated according to the 25 year plan, Logan Boulevard will extend up to lsmokalee Road (C.R. 846) aa a 4-laned urban highway. Ha~aa F. ABased, General Manager of Vineyards Development Corporation and President of the Homeowners Association, stated that the purpose of the petition ia due to vandalism occurring in the Vineyards and abuse of the golf course and public areas. He noted that a meeting of the Homeowners Association and developers last October presented a majority control vote to apply and proceed with the subject petition. ~e further noted that there was approximately 50 or 60 voters in attendance and there was a control of approximately 1,4~0 developer votes. ~e indicated that after presentation of the ~['~.;'~:'&ppl~catlon, there were only 8 or ? decending votes counted, there- fore, a majority in favor of the petition was recorded. He further indicated that people who ara living outside the Vineyards development were also ~n favor of the petit~on. He noted that the &pplication was filed ~ast ~ovember and has been approved by all review agencies Including Planning~ Engineering, ?raneportatlon, Utllitle~, Department and the Fire Department. He presented petitions and let- · .~?. tare from numerous property owners in the Vineyards who ara in of the proposed vacation (copies on file in the C~erk to the Board Office}, ~r. Assaad stated that by granting permission for the roads to be converted fro~ pubIlc to private, the development will be secured and will require less maintenance and security from the County and possibly increase property values. Nr. Assaad noted that an architecture! firm planned and studied the location of a gate house. He stated that this will not eliminate the public access from Pine Ridge Road to Vanderbt~t Beach Road through Vineyards Boulevard. He further stated that Vineyards Boulevard ts a 4-1aned divided highway that will continue to be public and wl~l provide continulty for the c~r~lation eIeaent. Hr. Assaad stated that the two connections in the PUD ~e~lre- · ent-co,acting the VSneyards road syste~ to Log~ ~ulevard wi~ be resurfaced when the portlon of Arbor Boulevard that is developed is .COntl~ous in the same phase of development. He noted thlt a PUD ~endment has been ~i~ed and indicated that a meeting with the Co~ty P2~lng Staff w~ll determine If this wi~l have a signific~t impact on the project. Nr. Assaad stated that a cost evaluatAon of maInten~ce for the sectary system could not be deteraAned but the developer wall pa~ for ~?'?~'~ the capAtal e~ense~. Nr, Aseaad stated that any developer in the VSneyards that owns a ,~, multi-family tract of land can erect a gate on the development, citing ,%:. the Bellerlve development. He noted that on the eastern port,on of -J the Vlneymrde there la s~ngle fam21y homes and v~a., therefore, '~ ?.'. 1990 gates and security are not as equally available as tn Bell.rive. Mr. Assaad Indicated that when the two connections ars elimi- nated, a sidewalk fo}~. pedestrian use can be constructed extending to the end of the property line. ComaIsstoner Volpe stated At appears that a 5 foot sAd,walk on the south side of Vanderbilt Beach Road will be constructed If the .~.t Petition is granted. Hr. Assaad stated that this Ares wall be considered when the two -roads are ellmlna.~ed and noted tha~ the re~olutAon does not aen~lon .'~ old,elk. He further noted that conolderatAon of sAde~a~ke ~d/or emergency access gates will not presen~ a problea. Co~ss~oner Ha.se referenced the petition otat~ng that tho peti- tioner agreed to construct a V~derbtlt Beach Road from Vineyards Boulevard to the east property ~he VAn.yards. Hr. Archibald stated that staff lo studying a t,o sale radius NAthan the new school sate. He further stated that the School Board will re,Are children within th~a radius at the north end of Log~ Boulevard to walk or ride bicycles to the school, therefore, a sAd.walk ~ould be constructed as a concurren~ requlremen~ ~Ath the ~'-. School Board. Oo~lssloner Hesse indicated that since a school ~ ~he area An ~he very near future, a eAd~a~k should be cone~c~ed Hr. ArchLbaJd stated that the lchoo3 board has decLded to bus the children to school who lLve along Logan Boulevard, therefore, separate b~cyc3e Path Js not red,red at present. Nr. Aesaad remarked abou~ · reference being mede from an attorney Lndlcatlng concern ~Jth person, who 3~ve or have Ic~'~red Pro~rty on Vineyards Boulevard acc.es beyond the security or private road area. He explained that the attorney Is not opposing nor 8upporttng the aPP~tcatLon Mr. Aseaad co,anted that l~a¥ 15, lggo area will have access to the roads even if there Aa a Private gate. Commissioner Shanahan reaarked that the people who live tn the Vineyards at Bellerive expressed concern about declining property values. Mr. Aseaad responded saying that If the private roads were granted and made part of the Vineyards, then that part of the Vineyards wall accelerate at a higher rate of value than In other Parts of the development. He Indicated that this will not decrease any of the current or ex/sting property values that are outs/de the gate. Commissioner Hesse expressed concern about wa/ting for the School Board to decide If the children will or will not be bused to school. .,~ Mr. Arch/bald stated that Logan Boulevard Ae currently belng #1dened to 12 feet per lane An order to develop a bicycle path on the west side of Logan. Cmleoloner Valise asm~ed hie aeries to Iac/ude the sti~atioa that commencement of the sidewalk ffli1 be deters/sad by l~. Ax~h/bald. Coa~/eeioner Saunders ~econded the motion, ~h/ch carrAed u~anJ~ou~Zy. . Zt~ 1~02 B~DZVZSXON ~ ~ ~R A ~O~CT TZ~ID ~D~ 80~ ~BZLK HO~ P~, L~ATID O~ ~ ~T OZDE O~ 8.R. 901 ~O~ OF ~RT-AU-~Z~CE ~UL~, CONSZSTZ~G O~ 22.9 A~S ~ OR L~88 ~ 82 Legal notice have been published In the Naples Daily News on April 22, 1990, as evidenced by Affidavit of Publication flied w/th the Clerk, public hearing was opened to consider Petition SMP-90-1, flied by glaff's Inc., represented by Anchor Engineering, Inc., Glenn Caudlll, requesting Subdivision Master Plan approval for #oodlake South Mobile Home Subdivision, located on the East side of SR-951, approximately 600 feet South of Port-Au-Prince Boulevard, in Section .I5, Township 51 South, Range 26 East, Collier County. Florida, con- sisting of 22.9 acres. Ran N/no, Planning Services, stated that the Woodlake Subdivision .il surrounded on the east lido by mobile homel and Is zoned C-3 com- mercial. He further stated that across the street from the property the area is zoned C-3 agricultural, and south of tho property is the Marco Shores PUD, Mr. Nine Indicated that Initially the pet/t/on was cons/stent w/th the Growth Management Plan, but Il now one-half a dwelling unit greeter then what 1l al/o~ed in the zoning ordlnmlce. He stated that due to the inconsistency, the petitioner suggested an lnterconnector between the subject property end property to the north that would · institute an additional one unit per acre. Upon review, he stated that staff did not /nd/cate concern or Inconsistency with the policies of the Comprehensive Plan. He further stated that on April 19, 1990, the Planning Commission reviewed the petition and recommended denial by a 4/3 vote. He reported that there were no memblrl of the public who spoke In opposition to this petition. Mr. N/no stated that if the petition Is approved by the Board, then it should be approved subject to the condlttone on the Agreement Page 41 8heat. Nay JG, '1990 Mr. Eonald Hurt, President, Anchor Engineering, mentioned that the project ts 82 lots on 22.9 acres and Is consistent with the Growth Management Plan. He stated that the existing zoning allows ? units p~r acre but the proposed density for this project is 3.6 units per acre. Commissioner Volpe questioned If this project Is subject to zoning re-evaluation? Mr. Hurt responded affirmatively. He stated that there ts an existing mobile home subdivision on the east side of the property. He Indicated that by going through zoning evaluation, the criteria asks If the subject area Is consistent with the use of the adjacent pro- perty that has already been established. Mr. Hurt reported that the exhibit shows a system of canals which are really lakes because they do not connect to any other waterways. He ~ndicated that the lake in the center of the property will be used as the water management area, and the lakes on the outside of the ~ropert¥ will be used to enhance the area. Mr. Hurt stated that.a// the requirements of the Subdivision Master Plan have been met. He noted that the area has been dredged and =llled to the roadway elevation since the early Mr. Hurt mentioned that the Subdivision Master Plan ~! was sub- mitted in January, ~990, and was to be heard by the Board of Cour~ty Commissioners on Nay 8, 1990. He stated that the remedial ordinance was not in effect on that date, but If the petition was heard at that time, the petitioner would have been In compliance with the Growth Management Plan 3.IX. Mr. Hurt stated that the traffic impact to the area ~e not signi- ficant and is far less than the ~ designated level of service of average daily trips (adt). Mr. Hurt stated that the development of the property will take place slowly, having to go through engineering, ~ubaittal and assurance processes. 00 £[00 9 Page 42 .:.~.. Mr. Hurt indicated that the project could qualify for affordable ~'housing and stated that this would allow for an eight, point density increase. He noted that the petitioner has no intention of doing this because the Subdivision .Master Plan that has been proposed, is an excellent use of the property. Mr. Hurt stated that the owner would prefer the widening of $.R. 95! to be constructed prior to the certificate of occupancy, there- fore, eliminating the construction of left turn lanes on $.R. 951. He indicated that a time frame as to when this will take place is not known at this time. He further indicated that the approvals, stipula- tions, assurances, etc., for this project will also take a con- Nay 18, 1990'~ ' .: ~ etderable amount of time to obtain. Commissioner Hesse stated that due to the traffic impact on the area, the petitioner should delay construction until S.R. 951 becomes i-lamed. CoMteetoner $henahen questioned the areas vulnerability to · hurricanes. He stated that staff recommends that a hurricane shelter be constructed If the petition Is approved, and would suggest that this be a stipulation. Mr. Hurt stated that the petitioner Is in agreement with the pul&tlon. Commissioner Volpe stated that there would be a greater tapact than 5~ on $.R. 951 because the total Impact percentage of ~urroundlng developments equals more than 5~. Mr. Nlno Indicated that staff will recommend that the certificate of operation not be issued on new re-zones If a road Is operating ~J~(below Its level of service. Commissioner Volpe questioned why the recommendation was not made . the subject petition? Mr. Ntno ~ated that the staff report was generated before the ' Contsstoner Saunders questioned If the Board can follow the said recommendation or does the Comprehensive Plan have to be ~anded? Ha Page 40 May 15, 1990 indicated that a formal policy may need to be drafted. County Attorney Cuyler stated that if a condition of a develop- ment order is being approved, there will not be a problem with a for- ma1 policy, providing it is done consistently. Commissioner Saunders stated that this is an incredible change in policy that staff is adopting by way of a resolution. County Attorney Cuyler indicated that though this is a change in policy, it has been done on occasion pursuant to certain agreements on specific projects. Commissioner Saundere stated that the new policy could affect thousands of units within the County. He noted that if the policy is adopted in reference to the subject project, then the Board is bound to adopt it in reference to all other building permits and cer- tificates of occupancy that are being issued for the other 1§0,000 units that have already been approved. He indicated that he ia not in a position to adopt this policy for the subject petition until more information is revealed as to the overall implication to Collier County. County Attorney Cuyler stated that the policy is not binding for persons who are applying for building,permits for past projects but must be applied for all future projects. Commissioner Goodnight stated that the Board te studying a Subdivision Master Plan, not a re-zone. She noted that the Board ts looking at a project that has already been approved and the petitioner is now seeking approval of the Subdivision Master Plan. She further noted that if limitations are set on Subdivision Master Plan approvals for re-zones that have already been approved, then this would be the same as a moratorium, therefore, a moratorium ordinance would have to be made for the subject area. She stated that if a problem occurs with a road and the problem is not alleviated within a certain time frame, then a moratorium ordinance for this problem should be ini- tiated. Mr. N/no noted that there is a difference between~a~..fi~ Page 44, Nay 15, 1990 that affects everyone and a moratorium that affects new projects. He further noted that the Long-Range Growth Planning staff feels that policy 5.1 does allow the Board to approve this petition with the con- dition that'no building permits will be issued and the petition will not be bound by the 5~ level of service. Mr. Ken BaglnskI, Planning Services, stated that situations have .been found that were not contemplated within the Comprehensive Plan. He noted that requests for applications on re-zonings have been made that are fronting or using major access tn the development on roads that are one or two levels below service and do not meet or exceed the 5~ limit. He further noted that these projects are not addressed· within the Comprehensive Plan and the continuance of re-zoning does create problems that have not been accounted for. He stated that the words "staff policy" are Inaccurate because the staff is making recom- mendations based on considerations of significant Impacts with the transportation system during a review of the re-zoning requests. Commissioner Saunders stated that the §~ rule was presented to the Board by staff. He expressed concern for the methodology used to adopt the policy and Indicated that a debate or an analysis of the implications that would occur should be made. Commissioner Volpe stated that if a major policy decision is to be made, then the policy should be set by the Board and discussed in an open forum where all the different interests and concerns can be addressed publicly. Mr. Anthony Ptres, Jr. of Woodward & Woodward stated that the petition ts a Subdivision Master Plan, not a re-zone. He indicated that the §~ level of service on the roadway applies to re-zoning in the traffic circulation element of the Comprehensive Plan. He further indicated that any development order along any deficient roadway segment would have to be conditioned upon no Certificate of Occupancy being Issued until the roadway was brought up to the appropriate level of service. He noted that this would include any butldin~ permit along S.R. 951 and Marco Island. He Indicated that two weeks ago, Page 45 May 1§, 1990 the Board made a determination that funding would be available for certain state road segments that are deficient in order to avoid various public hearings with regard to imposing a moratorium or not being able to issue Certificates of Adequate Public Facilities for certain portions of S.R. 45, S.R. 90, U.S. 41, S.R. 84, S.R. 951. Commissioner Volpe stated that the petition is inconsistent with the Growth Management Plan. Mr. Plres noted that the language within the Comprehensive Plan states that if there is a project commitment for provision of inter- connection of roads within existing or future adjacent projects, one residential dwelling unit may be added. He indicated that the language allows the petitioner to make a project commitment, which he l~ doing, in order to obtain an additional unit. Commissioner Goodntght stated that she is in agreement with Commissioner Volpe as far as the project being inconsistent with the Growth Management Plan today, but stated that when the petition was first'advertised it was not inconsistent. She further stated that the Board must take some responsibility that today the petition may be inconsistent without the roadway, but last week it was consistent because the Growth Management Plan had not been ratified. County Attorney Cuyler cautioned the Board not to use this as a basis in making an approval. He noted that numerous petitions will be denied based on the fact that the Comprehensive Plan has been amended. Comai~atoner gh~n~han moved, seconded by carried unanimously, that the public hearing be closed. Co.missioner Shanahan ~oved, eecomded by Coaleatoner ~oodnl~ht and carried 3/2 (Co=-taeloner Volpe and Oo.~laatoner ~asse opposed), that Resolution 90-260 re~ardln~ Petition SNP-90-1 be &dop~ed ~tth contingencies that the roadway lnterconnectton be mmda and a hurrlcan~ co-recreational facility be constructed. .oe,£1oo83 May XS, zggo PITITXON A-90-2, GIORC~Z V~CIA RIPR~J~ITXNG R & L D~~ 0F ~O, ~XNXS~TI~ ~p~ OF ~ ~XN~/ZONXNG DX~OR'8 DICXSXON ~T O~WC~ 88-48 ~I~ O~XWC~ 84-4~ ~ ~OT ~~ ~ P~XT SITE P~P~T~O~ ~IOR TO 4-~IN~ 0F SR-951 ~C~ ~ ~ C~E OF A CO~CTOR FOR ~ CO~ OR STA~ ~5TX~ US~ OF ~ 5XT~ ~R STOOGE OF H~ K~UI~ D~XNG T~ ~DKNXN~ OF SR-951 - ~ ~PR0~D Legal notice having been published in the Naples Daily News on April 22, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition A-90-2, filed by George Vega of Vega, Brown, Stanley and Martin, P.A., repre- senting R & L Developments of Marco, appealing the Planning/Zoning Director's decision that Ordinance 88-48, which amended 84-47, was not intended to permit site preparation prior to the four-lanlng of SR-9§! except tn the case of a contractor for the coUnty or Stat,9 requesting to use the site for storage of heavy equipment during the widening of SR-951. Mr. Frank Brutt, CommUnity Development Services Administrator, stated that the ordinance in 1988 has been further researched relative to a particular project and as stated in the Executive Summary indicates that statements were made by the applicant and the applicant's representative and were referenced in a letter to the Isles of Capri Civic Association. Me indicated that these statements are highlighted in the staff report. He further indicated that the statements were identified during conversations with Mr. Nadeau, former County Planner, who stated that the Particulars of the project ~elates to no construction or use of the site until the 4-1antng of S.R. 951. Be indicated that the County could use the site for storage of equipment that would be used in the construction of 4-1aning $.R. 951. He referenced the Board of County Commissioners minutes of May 24, 1988, and stated that Commissioner Saunders questioned the same information. He noted that Mr. Will,am Hanley, President of Isles of Capri civic Association, stated the same information in the minutes of May 24, 1988, meeting as did Mr. James Vensel, architect for the project. May 15, 1990 Mr. Brutt stated that upon review of the available data, staff has determined that the ordinance does not permit the petitioner to clear and fill the site prior to the 4-1aning of S.R. 951. Mr. Brutt noted that the latest piece of correspondence that has been received relative to this petition was dated April 30, 1990, and was from Mr. William Hanley. He indicated that Mr. Hanley stated that if the Board of County Commissioners approved R & L's request to do the clearing, then it should not be used for vehicular storage unless approved by the Isles of Capri Civic Association and the Board of County Commissioners; secondly, that the property would be carefully maintained to ensure that i~ does not become a visual nuisance and also natural screening be developed to ensure appropriate environmen- tal conditions at the entry way to the Isles of Capri. Commissioner Volpe questioned the location of the property, to which Commissioner Shanahan stated that the property is located at the corner of $.R. 9§! and S.R. 9§2° which is the Isles of Gapr~ Road. Commissioner Hasse stated that after this area of land was filled in, the only use that it was to be used for is the storage of construction equipment in relation to the construction of S.R. 951. Mr. Brutt noted that the stipulations state that this particular site shall not be used or allowed to be cleared and filled except for the storage of construction equipment by the County or state contrac- tor in relation to the construction of $.R. 9§1. Commissioner Shanahan stated that in the FDOT five year plan, the southern section of S.R. 9§1 is to be completed. He noted that the petitioner had nothing to do with the collapse of the FDOT nor did the petitioner have anything to do with the MPC deciding to move the funding from the southern section to the northern section of $R-951. He further noted that the situation on the site at present has changed. Commissioner Volpe questioned if there was an amendment being sought to the PUD? Commissioner Volpe questioned if there is a current amendment for Page this PUD? Hay 15,: 1990, Mr. Brutt indicated that there is an application for a PDA on hold and ts subject to the decisions made by the Board for this peti- tion. Mr. George Vega, representing the petitioner, noted that the ordinance states "allowing site development prior to 4-1aning of S.R. 951" He stated that during time, the petitioner agreed to allow the County to use the site for vehtcle storage while 8.R. 951 ls under construction. Mr. Vega quoted a letter from former Commissioner Pictor which reads: "I have read the letters from the county staff indicating that site clearing and filling were permitted, but only this case was allowed to store construction equipment on site during the 4-1antng process. The offer to allow the storage of construction equipment on the site was an after-thought proposed by the petitioner in the event the County needed the space. It was never a precondition of c/earing and filling. Everyone was trying to get S.R. 951 4-1aned and this offer was a generous suggestion and hoped that it would help the County. As to the letter given to the Isles of Capri Girts Association, this letter was given by ~he petitioner under the cir- cumstances that existed at that time. The petitioner was advised 4-1aning of S.R. 951 was imminent and everyone thought that this was to be the case. De-mucking of the planned roadbed for the additional two lanes was scheduled to take place in July, 1988." Mr. Vega further quoted an article from a newspaper which stated: "Site work approved for a hotel. Marco Island, Collier County offi- cials agreed to let developers clear land for a 150 room hotel planned at S.R. 9§1. S.R. 951 is scheduled to be underway in August or September." County Attorney Cuyler quoted a previous motion made by Co~u~tsstoner Saunders that stated: "subject to the Incorporation, the changes in the letter received from R & L" He then quoted a letter from R & L that stated: "We are not requesting permission to under- Page '49 ' .... May 15, 1990 take construction on the site prior to 4-1aning of S.R. 9§1 which ts clo&rl¥ prohibited by the PUD document and Regional Planning Council development order and we are not requesting permission to do any c/earinG or filling on the site prior to the 4-1antnG of $.R. 9§1." He indicated that the purpose of the PUD ts to allow site work for the Placement of construction vehicles when S.R. 951 is constructed. He noted that the developer clearly indicated that he is not going to construct or do any site work with regard to construction of S.R. 951. Mr. Vega indicated that the petition is part of a DRI. He stated that this is the only piece of property that has been kept from building on S.R. 9§1. County Attorney Cuyler indicated that he does not oppose what the developer wants to do but stated that it should be done by a PUD amendment or by overruling the zoning director. Commissioner Saunders questioned Mr. Brutt as to the practical reason for objecting to site work prior to 4-lantng? Commissioner Saunders stated that if a motion to overrule the interpretation of the zoning director is sufficient, then he is pre- pared to do so based on Mr. Baglnskt's comments that there ts not any practical objection to site work being accomplished. Gounty Attorney Cu¥1er recommended that the Board not make PUD amendments by decisions made by staff. Commissioner Saunders stated that there is some ambiguity in the language of the ordinance. Oo~tamtoner Saundera ~ovmd, ~econded by Co~tamtoner ~nd c&friad &/! (Commissioner Hames opposed) to &~provm Petition &-90-2, and to per. it the sits ~ork to occur becmu~s of the and not because of a deetre to change the PUD and ia contingent u~on the recomndatlona and su~gestlon~ on buffmrtng that h~vo been pro- vl~ed by the Isles of Capri Civic As~oct&tlon. Item ~7A3 RESOLUTIOH 90-26! RK ~HTi?ION !~7A-90-~o CHARLES ~¢K, PROPKRTY OMBIRo RE~UKSTINO AN EXPANSION OF AN KXISTIHO HON-CONFORMIHO SXNOLK-rAMILY MOBILE HOME IN ORDKR TO ADD A CARPORT WITH A ROOF OVKR IT FOR PROPERTY LOCATED AT 1219 BALD KAOLK DRIVE, LOT 15, PORT MARCO, INC., MARCO !SZ~ND~ FLORIDA - ADO~TKD SUBJKCT TO STIPULATIONS Page 50 May 15, 1990 Legal notice having been published in the Naples Daily News on April 8, 1990, as evidenced by Affidavit of Pub//cation filed with the Clerk, public hearing was opened to consider Petition NUA-90-l,filed by Charles Luck, property owner, requesting an expansion of an existing non-conforming single-family mobile home in order to add a carport with a roof over it for property located at 1219 Bald Eagle Drive, Lot 1§, Port Marco, Inc., Marco Island, Florida. Mr. Bill Hoover, Planning Services, noted that this development consists of 16 lots made up of 2300-2400 square foot lots in a 0-4 and 0-5 zoning district, and the entire park has legal non-conforming structures with non-conforming setbacks on non-conforming lots. He said the petitioner requests permission to add an I1 foot-wide, 31 foot-long carport with a roof alongside an existing mobile home and cabana, and the petition meets the criteria for approval. The only problem staff found is that there must be a 10 foot separation between the proposed carport and the mobile home to the east, he continued, thus staff requests that the proposed carport be constructed of non- combustible mater/als in the stipulations. Mr. Hoover mentioned that the Planning Commission recommended approval of this Petition by a vote of 8/0. There were no speakers. and c~r/ed ~1~1y to clo8e the ~1c ~e~l~. Cmtse/o~r S~~ ~ved, eeco~ ~ Co~te~ton~r ~ c~rt~ 8/0 t~t Resolution 90-261 re Petition ~A-90-1 ~Ject to stt~latlons. P~ 81 Zt~ ~B2 Transportation Services Administrator Archibald explained that this is a recommendation for a resolution that will al/ow staff to do some right-of-way acquisition for road construction and improvements to County Road 846 (Immokalee Road) for that portion from Interstate 1-75 to County Road 951. He reported that the fiscal impact for pre- liminary right-of-way support activities such as title search and appraisal in fiscal year 1989/90 are estimated not to exceed $40,000 and will be paid from Fund 313. Further, he said, right-of-way land and easement purchases are estimated not to exceed $505,000, and will be paid from Fund 313 beginning in fiscal year 1990/91. Mr. Archibald said staff's recommendation is that the Board adopt the attached resolution authorizing the acquisition of land necessary for the construction of the road, utility, and drainage improvements to County Road 846 (Immokalee Road) from Interstate 75 to County Road 951. Co~mismtoner Saundera hayed, seconded by Co--missioner Goodni~ht, that Re~olution 90-262 authorizing the acquisition of l~nd~ required for ~ha construction of road, utility, and drainage i~ov~nta ~o County Road ~46 fro~ Interetata 75 to Count~ Road 95~ b~ Co~iseloner Volpe ~ked If th~s~a~ for fee acquisition a~on~ Z~aokalee Road? Nr. Archibald stated that this is for a fee acquisition, and the County has alloc&ted only $200,000 for the current ye&r for projects such aa thle, ~o expenditures will he mini- ~l but a start can be ~de on appraising some properties ~nd ~king offers. ¢oenlsstoner ~aase called for the motion, and It carried 5/0. · ,~ Page Nay 15,'1990 ZTeB~'~B3 Transportation Services Administrator Archibald said staff needs to obtain authorization from the Board of County Commissioners to acquire easements which may be req%lired for the construction of the road, utility and drainage improvements to County Road 846 (Immokalee Road) from Interstate 75 to County Road 951. The adoption of this resolution, he continued, will confirm that, once acquired, the right- of-way for this Project is accepted by Collier County for four-lane construction on Immokalee Road as stated above, maintenance of all improvements as required for public safety, and exercise of the County's police powers. Co"~i.sloner Smunders moved, seconded by Commtms/o~r Sh4tl~Aha~ ~ o~rL~ ~/0, t~ ~olutLon 90-~ea aut~r~s~ t~ ao~e~t~on of e~nto r~Lred for the coat--t/on of ro~, ut~lt~ ~ ~a~ L~r~e~nt8 to Co~ Road 846 from Interstate 75 to C~W ~ 951 adopted. Page 53 SHORT-TERM LLLSI AGREIMI3FT BFL'NZI:I THE DIP&RT141:HT AMD ~O~LZ~ ~O~]r2'Y FOX Z~Z~ OP~TIOM O~ TH~ MAP~O &Z/~O~L' - Transportation Services Administrator Archibald stated that this item is a recommendation to approve the wording in ~ lease to be sent to the Department of Natural Resources for the purpose of leasing the Marco Island airport for a period of 90 days. This is the third revi- sion, he noted, and he said that In the early part of this year a draft lease was sent to the DNR for the purpose of permanent /easing of that site long-term. That lease was signed by the DNR and sent back to the County to execute, Mr. Archibald continued, but staff felt that some of the provisions in that lease applied to a very long-term lease and did not apply to a short-term lease. The lease agreement was once again revised and was sent back to the DNR which agency made one revision to it with which staff agrees, he said, but in essence the County now has a lease that is fairly standard. However he noted that the rental clause indicates that should there be a net profit if the revenues exceed expenditures, and this money will not be invested in the airport facility, the net profit will be shared with the State. Mr. Archibald said that staff is recommending this latest revision of the lease with the net-profit clause. Commissioner Volpe stated that this is a 90-day agreement, and questioned when it would start and end since the County la a/ready 30 days into the lease, and it seems the term of the lease under discussion is month-to-month. He questioned if the County chose to do so, could it can be carried past the 90 days? Mr. Archibald said the origina1 lease agreement had the intent of a month-to-month lease with a limit. This lease is open-ended, he explained, from the standpoint that the DNR may take more than three months to make a decision; it is not intended to be a long-term lease, but rather a short-term lease. He further noted that the terms add,ess that short-term condition so if the DNR takes four months to go through certain processes, the wording of the lease may give them Page 54 Nay 15, 1990 .:. : ' Co~iesloner Volpe said he appreciated that rationale; however, the Board approached the matter as a 90 day commitment, short-term, and he ts not comfortable with the flexibility that now exists because It could result in more than a short-term lease. ¢onuntsstoner Shanahan commented that there have been two resolu- tions sponsored by two different Boards who asked for the authority to operate Marco Island airport on a thirty-year basis, not on a 90 day baals, so he said he has no problem with this concept. Co~tssloner Volpe said when he looked at proformas with the Transportation Services director, he did not see any profits under any scenario. The worse-case scenario presented to his, he continued, was a loss of $12,000 over a period of three months and now the County might lose more. · Nr. Archibald said staff's Intent ts not to extend this for a lengthy period of time, but they do want to give the DRR sufficient time to reach their decision. He noted that for the first thirty-day period the County has done better than break even and a report will be forthcoming shortly on this subject. Co~alsaloner Shanah~n ~ovsd, seconded by Co~tsslon~r VoI~ ~ mn t~ N~t~nt of la--al Rs~css ~ ~olller ~W for tnterts ~ratton of the ~co ii,rt. DOCUMENT NOT PROVIDED TO CLERK TO BOARD OFFICE FOR THE OFFICIAL RECORDS AS OF NOVEMBER 19, 1990. Page55 Mike Arnold, Utilities Administrator, said that slx of the nine Items under Item 9D are not tn the agenda packets because they are a standard contract format of about fifty pages in length for each one, or a total of 300 pages. However, he said the County Attorney,s office has expressed some concern that the agenda packets are not complete and tn the future staff will include the entire agreement for ;:;~i.':tach Item presented for approval He noted that today the attachments are tn the packets for each agreement which relate to the scope of services, dollar amounts associated with those, and other Items as applicable. Commissioner Saundere asked if the County Attorney has reviewed the engineering contracts for all slx Items and Mr. Arnold responded that he had done so. Commissioner Saunders then questioned if these were al/ previously approved by the Board and staff had been directed to negotiate and return today with the appropriate language, and Mr. Arnold said that Is correct. Co~iemtoner Saundare ~oved, seconded by c~rtad 8/0, to approve the ln~tnasrtn~ A~eemnt fo~ · ervlces with Hole, Montes and Asaoclatem, Inc. for the C~rtcm Ro~d Tank and Pu~p Station, to authorize the Chairman to execute the · ~ree~ent end to authorize funding for sa~e not to e~=eed $209,?00. Pag®!56 Hey 15, 1990 &~t~T FOR PROF~SSlO]M,r. ENGIH~ItI~G 8~IC~ ~ ~LI, Co~loo~o~r Sa~dero ~ved, oeco~d ~ Co~ooAoner c~r~ed 5/0, to a~rove the ~g~rt~ ~Mnt for ~tceo with ~o11, ~r ~d B~e, Inc. for ~ter t~r~nts on ~ulfshore Drive, Sixth Street, mlo~ with tie-In, to aut~rtze the C~l~ to e~te ~, ~ aut~rtze ~t~ ~t to exceed 8235,4~0. Page 57 1990 AIIRIIMIMT FOR PROrlSSXOMAL EMOXMEIP. XM0 SKRVXOIS MXTH HOLI, MOIITI~ AMD A~SOCX&TES, XMC. XM COM31YMCTXOM MXTH THE THRr~ DXNEMBXOMAL MODrr. ING OF TH~ GOLDI3I GATE MKLLFIELD AMD R~VIBION OF SOUTH FLORIDA MATER NJt]~G~ ~XSTRXCT PKRMXT8 - AP~V~D CouuAmmIonmr S&underm moved, meconded by CommImmZoner Sh~ And carried 5/0, to approve the Engineering A~reemmnt for profemmionml mervAcee MAth Hole, Montee m~d AmmocAmtee, Inc. An conJ~tnctAon MAth thm thrN dimmnmlonml modeling of the Golden Gmtm I~llfAmld mhd rmvt- mZon of South Flortdm Hater Nmnm~mmmnt Dlmtrlct Permltm, to mutbortzm th~ Chaizlan tO execute the &gre~nt ~ud to authorize funding not to · exceed $34,200. Page58 Nay ~5~ 1990 ~ FOR PROFISSIORAL ~]IQI]IT,~.ZIO SKRVIC~S NZ~ ~0~, "~'~ ~A~, ~eC. ~a ~ STAT~Oe 1.02 - ~ Utilities Administrator Arnold explained that Finance Director, points out that ~hese fees are on the high side for en~ineerJn~ serv~ce~ for this master p~p elation to be constructed ~he North Co~y Utilities District. He further explained this sta- tion w~ll be located In the viclni~y of Wiggins Pass Road ~d U.S. 41, but a specific site has not yet been determined and several sites are ~[" ~der consideration at this time. Therefore, he noted, there are fac- '.,~)' tore which are variable, such as several lines that converge in that ~. section, necessitatinQ some work to be done in routing lines aro~d ~d tying them in which will add to the price of the project. The $400,000 Cost for construction indicated ls from the Capital /:; Improvement Element (CIE), Mr. Arnold continued, but it may well ~o~t to about $600,000. This puts the $95,000 engineertn~ aDreement cost into the 16 percent range which is consistent with standard charges. Collssloner Saunders ~oved, seconded by Co~lsstoner Shanahanand carried 5/0, to approve the ~ngtneerln~ Agreesent for professions! services with Hole, Montes and A~ocietee, Inc. for 1~ St&tlon 1.02, to authorize the Ohatr~&u to execute ~ ~nd to authorize fundin~not to exceed $95,500. Page 59 Hay 15, 1990 FOR PROF~88ZO~&L ~Gl~lllG 8~lC~ ~ ~, 'Ml~, Co~tasloner Saundera moved, seconded b~ Conteston~r Sh~J~an ~ c&rrted 5/0, ~o approve the Fmglneerlng A~reemnt for profeestonal aery/cos w/th Wilson, Miller, B~rton ~nd Peek, Inc. for Rattle~z~ke-Ham~ock Road Water I~tn0 to ~uthor/ze the Ch~tr~n to m- cute ~, ~nd to authorize f~ndlnG not to ~rce~d $135,200. Page 60 Nay 15, 1990 &itRIIMB3IT FOR PROFESSIONAL ENi3IiNKIRII(3 ~RVZC~,.~ ~l~ HO~, ~ ~ ~lA~, INC. ~R I~ea~ RO~ ~ILI~ I~~~ - ~v~ ~tsstoner S~ders ~ved, s~con~ ~' Coalssio~r S~ a cvrl~ ~/0, to a~rove tls ~ln~ert~ ~~nt lot p~fsssl~l ~tces ~tth ~ole, Nontes ~d ~ctates, Inc. for I~hl~ ~ UttltW I~r~nts, to ~uthorlze t~ C~tm to e~te ~, ~ to eu~rtze ~lng not to exceed $153,000. Nay 15, 1990 M, mtowu; o~ Tax oe~,x~ s~T ~oa Tsz sou~ comrrt, ~o~ Hr. T~m C~emons, ~aste~ater Director, s~a~ed tha~ this ne~ faci- lity ts being constructed on ~he existing LelW Plan~ Site and will suppler the ex~st~ng Lely Glades and Foxfire sewage treatment pl~ts. Project construction ~or ~his facility is currently ahead of schedule ~d is par~ of the proJec~ tha~ was submitted to EPA, he said, the Pi~ of Operation re~ires ~ha~ the County notify the EPA of any ~mpendlng problems to hiring o~ s~aff at least sixty days prior to e~ar~-up. The item presented for approval is the operating budget and ~;;i)[,~he reco~endatlon to proceed w~th hiring an additional seven posi- ~lons needed, he concluded. There were no speakers. Co~ssioner Shanahan asked If this ~as proper]~ budgeted ~d reviewed by the proper s~aff? Yes, Hr. Clemons responded. Co~issioner Volpe questioned if this was Just for the period ~ttl the end of the fiscal year Mr Clemons said ~ha~ was correct. Co~iseloner Volpe ~hen asked if the s~ of $269,000 was t° cover the time from today until October 1 and Mr Clemons said no the budget , wo~ld go into effect on July 1 and would cover personnel services ~d operating budget for the last ~arter of the fiscal year. He added that the ~ual budget was in preparation and will be before the Board very soon: that budget will be An excess of 1 million dollars. Co~issione.r Volpe asked how this compares with analysis ~d estimates for an operating budget for this facility.. Mr. Clemons stated it was in line with other facil~ies. Co~tssioner Hasse asked if any of the perso~el will be transferred froa other areas. Mr. Clemons said there are ~6 positions a~ready budgeted for the South Service Area and the personnel for.those posi- tions will be transferred into the new pt~t along with the add!~ional seven included An the operating budge~ submitted for approval today. Co~Aeelo~r Sa~ra ~ved, second ~ Co~leai~r Vol~ to ~r~ t~ o~rattng ~get for ~ S~th C~W ~io~l ~~er ::'i~' ~eatn~nt l&clllt~, to ml~ro~e the staffing a~d authorize t~ ht~t~ Co~tsstoner Volpe ~esttoned when ~he positions will be p~sed into the plant. Mr. Clemens stated the h/ring will begin to f111 the .seven new positions on July 1, 1990, looking at a mtnt~ of thirty days to accomplish this. Commissioner Shanah~ questioned If the oeven positions were to be filled with new people, not budgeted pre- vtous to this t/me and Mr. Clemon~ said ~hat was correct. Co~tsstoner Hasse asked when ~he plan~ would be In operation. Eased on contrac~orVe estimates, Mr. Clemens responded, the pl~t Is sche- duled for a m~d-July s~art date, but Mr. Ciemons said mid or late Au~ot le probably closer to an accurate date asked if the seven new positions would come out of the 1989-90 budget ~d be re-budgeted for the 1990-91 fiscal year? Mr. Clemons said they would be included in the ~990-9~ budget, but the seven positions are not included in the 1989-90 budget because they have not been -authorized as yet. Mr. Clemons further explained that it is planned tu phase out the J'~ex~sting three plants and take the money budgeted foF their operation ' to f~d the start-up opera~ton of the new facility in this fiscal yea~. Mr. Dorr~ll said that in revlew of this item with staff, the n~ber of new employees has been reduced by two, the bare mlntm~ to meet the DER operating perm/t, and thls is the cheapest method com- pared w~th costs for contracting laboratory services. Mr. Clemons sa~d the new people w~ll be hired and trained fo~ at least a month pr/or to the plant becoming functional. Mr. Dorril] added that when the pl~t is functional, they will be doing punch lists and acceptance test items for the en~neers~ and while ~he~ are going through the training process, It is necessary that they be in the plant for a min~m~ of th~r~y days prior to start-up. Even though staff will be tr~sferred from other plants, M~. Dorr~ll further explained, ~here are m~y new processes unique to this plant including laboratory pro- 00 ( 0407 Pe~e '63 · i<cedures which require specialized training. Nay 15, 1990 Mr. Arnold explained that this is a 24-hour/day plant and it is a requirement of the several grants received that the staff be trained and ready to assume oPera- tion. The State must inspect the plant and review qualifications of staff. Coati.loner Haese called for the, vote on the ~otlon, and it 8/0. Ite~D8 [? . A~I~AL A~R~EMENTS WITH REAL PROPERTY A~%LysTS' INC. AND COASTAL ENGINeeRING FOR APPRAISAL SERVICES R~LATHD TO THE ACQUISITION OF PROPERTY FOR TH~ PROPOSED NORTH COUNTY R~GIONAL MATER TI~TM~ PLANT - STAFF TO SECUR~ BIDS FOR EXPANDED SCOPE OF SERVICES AND 1~ TO .THE BOARD OF COUNTY COMMISSION~]~S OH MAY 22~ 1990 Mr. Mike A~nold, 'Utilities Administrator, explained that the need is for two independent appraisal experts for this property acquisition for not only appraisal services but to serve as expert witnesses should that become necessary In case of future condemnation pro- ceedings. Staff received four responses to the request for quotes and Real Property Analysts, Inc. and Coastal Engineering were the two lowest, Mr. Arnold noted. He added that there is another issue which may complicate matters and that concerns access to Vanderbilt Beach Road. The 20-acre parcel which is under consideration is part of an accumulated 24'0 parcel and that 20-acre portion may, in fact, be the °nly access from the 240 parcel to Vanderbtlt Beach Road, he said. Because of these value factors, the appraisers feel there may be higher costs for their services and the County Appraiser concurs with that assessment, Mr. Arnold continued, so he is asking for approval of the agreements today with both appraisers with the opportunity for staff to adjust the costs based on the following: Real Property A~alysts'has raised the fee to $3,S00 and Coastal Engineering would lake to raise their fee to $5,000 to cover those factors that staff, the County Appraiser, the County Attorney.s office and Eminent Domain Cou~sei believe are appropriate. Commiesloner Volpe said he has a problem with that and Com~issioner Haese agreed, noting that staff should return to all four firms that Page 64 Nay 15, 1990 !submitted the four lowest bide, apprise them of the new factors and (''~tnvtte them to submit new bids. Mr. Arnold said there is a tight time-frame on construction of the '" new wsstewater treatment and this may create a problem. i!(.. Conmtsstoner Saunders asked if staff could secure new quotes from the four firms and return before the Board next week. Coutssioner Volpe suggested perhaps It would be sufficient'to have one independent appraisal firm and one county appraiser, but Mr. Arnold responded that it would be far better tf condemnation proceedings are entered into tn " the future to have two independent appraisers available to testify as expert witnesses and this is the reconmendatton of the Eminent Domain Counsel. Comtsslonsr Volpe ~oved, ~tatlo~ froa t~ fo~ l~st Zte~ ~D9 CO~T NI~ ~ CRON CO~TIO~ ~ ST0~ T~ - ~O~D Co~tsstoner Shanahan questioned Nr. Arnold as to why, if the Cowry received $9,500 for refurbishing the Cartca Station from the City of Naples, the cost o~ cleaning and upgrading ts now $22,000. ~r. Arnold said the $9,500 credit item associated with the payment made to the City for the palnttng of the tank's exterior did not address any Interior work to be done. ~r. Arnold said this work should proceed as soon as possible because blasting on a roadway near the waterline may affect the Integrity of the water main within the next )~?:?). two or three weeks. ~r. Arnold noted that operation, there will be no water Service for the northern part of the Co~ty. He therefore asks for authorization to waive the selection process and approve use of the standard agreement and execution of that by the Chairman of the Board. -' ~ c~rl~ 5/0, to authorize e~tton of a contract ~t~ t~ ~t~- I~y 15, 1990 dard ~gree~ent ~ud ~mtver of th~ ~elec. tton process for cle~u~ng o£ C~t*~c~ R~pu~ Storage T~nk by the Crom Corporation. Page 66 ~11~ ~B lSA-gO-XB? Am;) go-xgo - ApO~D Nay 15, 1990 'Co-missioner Saundera ~oved, ~econded b~ Co, missioner Sh~n~h~n and carried 5/0, that Budget Amendments 90-187 and 90-190 be adopted. Itel #12A CO011TY ATTOP~gY TO R~VI~ AIrD miami OFF 0~ DOCUMENTS R~GARDX~G DRAXIU~G~ FAOXLXTIU FOR CROM~ POZI~'~ E~ST DEV~LO~ A~D Glt~l TR~IB )~I~T PRXOR TO ISSUANCE OF C~RTXFXCAT~ OF OCCUPJ~CY Mr. Tom High, Vice-President of Davis Development Corporation, o~ner of the Cro~n Points East subdivision, stated that he has concerns regarding a flooding problem at Green Thumb Nursery as a result of construction activities on the Crown Pointe East property. He said it had been ordered in a Court Order that Crown Pointe East pay damages to Green Thumb Nursery and provide for the installation of an adequate drainage system. Mr. High informed the Commissioners that his company has constructed and repaired a swale which has been inspected by the engineers for Green Thumb Nursery and they acknowledge it is adequate to correct the problem. He added that they are modifying an easement in a manner that satisfies both Crown Points and Green Thumb Nursery. He added that completion of the agreement only awaits completion of the legal descriptions. He requested the Board grant authority to Mr. Tom Olliff and County Attorney Cuyler to complete ~he matter. Mr. Zelman, Attorney for Green Thumb Nursery said he supports Mr. Htgh's request. Coltssioner Saunders ~oved, ~econded by Co=~lsetoner Shanah~n, that County Attorney Cu¥1er ~nd Mr. Tom Olltff, Assistant to the County ~na~er, conftr~ that the Stipulation concerntn~ dral h~en ~ulfilled In the Cro~n Points ~a~t and Green ~ ~urmer~ mtter a~d if all is In order, sl~n off on the aatter prior to tm~nce of Certificates of Occupancy. Item JISA R~QU~.~T FOR ADDXTION OF SIXTEEN (16) DKPUTXKS A~ COURT BAXLXFF~ A~D COURTHOUSE SlCURXTY FOR TH~ JUDICIAL PROC~S DXVXSXO~ OF T~ COLLX~ COUNTY S]~RXFF'S O~FICE - SHERIFF TO R~TUI~ MAY 22, 1990 MIT~ FURTI~R I~FORMATION Sheriff Don Hunter appeared before the Board to seek an appropriation from the General Fund for the hiring of sixteen (16) Nay 15, 1990 Security. Upon completion of the new courthouse, he explained, Judge Hugh Hayes will request the assignment of full-time Deputies to main- rain security for the Judicial Building. Sheriff Hunter said this is necessary not only because of increased traffic and structure size, but also because a law enforcement officer can make an arrest for a violation of a County ordinance or a State statute. Sheriff Hunter explained that two surveys of the new facility had been requested of the U.S. Marshall's Court Protection Service, were conducted by Marshalls Dahl and Dagle, and state that a minimu~ of 26 law enforcement personnel are needed to staff the new building. He continued, the Marshalls have advised that a firm number of bailiffs needed cannot be determined prior to occupying the building for some time. They determined the number of 26 deputies based upon the ingress and egress points, Jury hearing rooms, courtrooms, holding cells, inmates on premises and other factors, he said. Sheriff Bunter noted that a three month lead-time is necessary for hiring, conducting clearances, drug testing, polygraph testing, and admission to the June session of the law enforcement academy. If this June date is missed, he advised, then the next class will be com- mencing in early October and the staf~ will be not be available to go on duty %~ntil January, 1991. Sheriff Hunter further said that there will be two shifts operating because there are often court cases con- tinulng until late at night. Be noted that prior to opening each day and closing each night, building security sweeps will be made. Be stated.that if absolutely necessary, two civilian positions could be used to save money. Commissioner Volpe asked if a security plan had been drawn up and the Sheriff said that it had not as there are many variable compcnents of the new building which are unknown. Commissioner Saunders said that although the Board is anxious to contain spending and the Commissioners have no expertise in security matters, the Board has Just approved new staffing for the water treat- Page 68 May 15, 1990 merit plant and he suggested that the new courthouse may also need staffing. Commissioner Goodnight asked if this is consistent with other courthouses of similar size and Sheriff Hunter responded affir- matively. Commissioner Hasse said it may be possible to use civilian bailiffs in some areas and cut down on the law enforcement positions, without Jeopardizing safety. Commissioner Volpe said he feels the matter should be continued until the May 22 meeting and Commissioner Hasse agreed. Co,missioner Sounders ~rved, ~econded by Co~ioo~oner S~n~han, to ~pprov~ the appropriation request 'for 16 1~ enforcement Commissioner Volpe stated he needed additional time for the Sheriff to educate the Commissioners before making a decision. Commissioner Hasse agreed more time would be beneficial. Conisatoner S&unders withdraws the ~otion. Commissioner Volpe asked for a draft security plan and the Sheriff said it would contain confidential information for the Commissioners' eyes only. Commissioner Volpe also asked for a cost comparison of private security versus law enforcement deputies. ***Cow-issloner Sounders left at thio tt~e (5:00 p.m.)e** Sheriff Hunter suggested that inmate labor may be used for vegeta- tion clearing at Tigertail Beach, since this qualifies as a public work detail to which some inmates are assigned on weekends. He noted that it might save 512,000 for the County in labor costs to clear the beach. *****Conm~uloner Goodntght moved, meconded by Comnioelonar ahanahmn, eu~d c~rried i/O, that the follo~ln~ items under the ¢omnt A~end~ be adopted and/or approved:***** Item #14A1 RESOLUTION 90-264 GRANTING PRELIMINARY ACCIPTANCE OF TH~ ROAD%rAY, DRAXI[A~I, NiTeR A~D SEWER IMPROVEMKI[TS FOR THE FINAL PLAT OF =BOCA PALMSt {FORMERLY I~IOWN AS WINDSOR PARK}" = NITH STIPULATIONS 1. Accept the Irrevocable Letter of Credit (posted) as securitY for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improve- ments. 2. Authorize the Chairman to execute the Maintenance~ Agreement for Preliminary Acceptance and Resolution authoriztno preli- minary acceptance.e**Previously approved By BCC on 000£10420 Page 69 May ~§, 1990 3. Preliminary acceptance of improvements will not become effec-' rive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. See Pages Item #14A2 CHAIRMAN TO EXECUTE SATISFACTION OF LIENS AGAINST PROPERTY OF G.W. AND ..MATTIE WILLIAMS MAIN LINE SUBDIVISION} See Page'__~. ~'--~, / Item #IDA3 CHAIRMAN TO EX~CUTE SATISFACTION OF LIENS AGAINST PROPERTY OF LILLIE BELL WARREN (MAIN LINE SUBDIVISION See Page ~_. ~"~--2. / Item #14A4 ]~ESOLUTION 90-265 GRARTING PRELIMINARY ACCEPTANCE OF TH~ ROAD~AY, DRAINAGE,' WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "AUDUBON ~OUNTRY CLUBt TRACT B" - WITH STIPULATIONS. Accept the Irrevocable Letter of Credit (posted) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. 2. Authorize the Chairman to execute the attached Maintenance {~ Agreement for Preliminary Acceptance and Resolution ?[~...,.. authorizing preliminary acceptance. ***Previously approved/accepted · by BCC on 10/10/89'** ].. 3. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to ? - Collier County Water-Sewer District. SECURITY ACCEPTED FOR EXCAVATION PERMIT NO. 59.382 "ARBOR TRACE" ~OCATFD IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST Item #14A6 FINAL PLAT OF "RIVIERA COLONY GOLF ESTATES, UNIT IV" - WITH STIPULATIONS That the final plat not be recorded until the required Improvements have been constructed and accepted or until approved security is received for the tncompleted im~rove- ~ents and that construction shall be completed within 36 months of the date of this approval. Authorize the Chairman to execute the Construction and Maintenance Agreement. 3e That no building permits be issued until the final plat recorded. ,....,.. f,/- 000( 0421 Pagm 70 1990 '~L'' 1. Authorize the recording of the Final Plat of ' "Collier Health Center.~ Item 91~B1 C~ ~ ~ ~ OF CO~ CO~ISSIO~ TO ~OCEKD WI~ CIE ~O~CT NO. 022 (~ENSION OF S~A ~ BL~.} Item #14B2 LIMITED USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY AND THK SOUTH FLORIDA SPORTS CAR ASSOCIATION, INCORPORATED, A FLORIDA CORPORATION, FOR AN AUTO CROSS AND LOW SPEED RALLY RACE AT I~D~OKALEE AIRPORT ON MAY 19~ 1990 Item #14B3 See Pages. PURCH&~E AGP~EEMEN/' FOR THE ACQUISITION OF RIGHT-OF-WAY FOR TH~ FOUR LAN~ EXPANSION OF CO~ RO~ 951 BE~ U.S. 41 ~ ~SN~ ~K RO~ {C.R. 864) (P~CEL NO. 8~ ~D BY HI~CH, ET ~) Item #14B4 INTKRAGENCY AGREEMENT BETWEEN TH~ HENDRY COKRECTIONAL INSTITUTION AND COLLIER COUNTY TO PROVIDH FOR USE OF INMATE LABOR IN PUBLIC WORKS PROJECTS IN COLLIER COUNTY Item ~14D1 ~t~IBINGTON VILLAGEr A CONDOMINIUM - WATER FACILITIES ACCEPTANC~ 1. The Florida Department of Environmental Regulation furnishes a letter approving the water distribution system for service and authorizing to place the sewer system into service. 2. Bacteriological testing has met the County's requirements. 3. The Fire Flow requirements of the project have been satisfied and the Fire District furnishes a letter ~cceptlng the fire hydrants for ownership and maintenance. OR Book J.b~Z~ Pages /~ F~-- /~PA Item ~14D2 COLONY {STHKPLE CHASE) IN KINGS ~ - WATER FACILITIES ACCKFTANC2 1. The Florida Department of Environmental Regulation furnishes a letter authorizing to place the sewer system into service and approving the water distribution system for service. Bacteriological testing has met the County's requirements. The Fire Flow requirements of the project have been satisfied. OR Book/~_~'~.~ Pages /69/D - {/J) ~/ Hay 15, 1990 'R~OLUTIOR 90-266 TO HOLD A PUBLIC HHARINO ON NAY 22, 1990, TO CONSIDER ANARDIN0 CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO PERSONAL TOUCH LIMOUSINE, INC., WILLIAM C. GARRISON D/B/A PREMIER TRANSPORTATION COMPANY, AND WILLI~ C. GARRISON D/B/A AFfHONY~S LIMOUSINE COMPANY see Hage: '7 BID 90-1549 FOR PURCHASE OF TWO TYPE III MODULAR I~ESCUE AMBULANCES - · AMARDED TO 'WHEELED COACH CORPORATION OF ORLANDO FLORIDA IN TH~ ~MOUNT 0F'$64~925 EACH "Item ~1401 HUDG~T AMEND~TT FOR $225,000.00 TO PRO¥IDE IqTRD$ FOR D&IL~ COVER NATERIAL FOR THE HAPLy8 LANDFILL OR TH~ BALANCE O~ FISCAL YEAR *~9B9-1990 ':'Item #14H1 AHCHOR ENGIII~KRING CONTRACT TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR ~ CHOKOLOS~E IS~ ~ICIP~ SERVICE T~ING ~IT ~ CO--CT ~OOTZATIONS T0 BE CONDUCTI9 Item ~4H2 - Continued ~o May 22, ~990 meeting. Item ~14H3 SUPPLEMIFfAL A~R~DilHT NO, 2 TO THE COI~SULTINO LAI(DSCAPE ~CHI~CT BRRVICE9 AG,~~ MITH A. GAlL BO0~ t ~SOClA~S fOR ~ SO~ COLLIER ~UL~ ~ IN ~ ~CO IS~ B~IFICATION M.S.T.U Item ~4H4 RESOLUTION 90-267 REQUESTING THE FLORIDA LEGISLATURE TO FULLY FUND AND .I.MPLKM~.NT THE 1987 FLORIDA BEACH ~-N-AG~-NT ACT see SUPPLEMENTAL AGRE~NT NO. 2 TO THE CONSULTING LANDSCAPE ARCHITECT SKRVICIS AGReEMeNT #ITH A. GAIL BOORMAN & ASSOCIATES FOR THE SOUTH ..BARFIELD DRIVE AREA IN THE MARCO ISr. A~D BEAUTIFICATION M.S.T.U. 1-../Z', _'7 Item #14H6 BID ~90=1556 FOR S0IL PURCHASE AND DELIVERY RELATED TO LANDSCAPING ~ROJ~CTS - A~ARDED TO HILLA~y PEAT CO. IN TH~ AMOoHT OF $61f722.90 Xtem #1411 -. 01RTIFXOATIS OF CORRECTION TO THE TAX ROLL AS PRESENTED BY PROPERTY .:. APPRAXSER*S OFFICE 1987 Tax Roll pate '00(1£10423 Page 72 May 15, 1990 396/398 260/263 1988 Tax Roll 1989 Tax Roll 4/17/9o- 4/~o/~o 4/17/90 - 5/2/90 165/166 168/203 122/124 4/6/90 3/27/90 - 5/2/90 1989 Tangible Personal Property ' ~I~ TI~ ~OR I~I~ATE ~0. 21436 Itu tl413 5/1/90 - 5/7/90 See Pages Itea#141 HI~O~,~L~r~ous'cO~$POI~I~C{ - FILED ~/OR ~~ The ~o2lowing miscellaneous correspondence was filled and/or referred to the various departments as listed below: 1. To Chairman, dated 4/30/90, from Patrick Kenney, Environmental Specialist, DER, re CC-WRR, File ~'s 111793945, 111793965, and 111793975. Copy to Nell Dorrtll, Bill Lorenz and Frank Brutt. To Chairman, dated 4/23/90, signed L.CJ Norris, Finance & Accounting Director II, Disbursement Control, HRS, re SLIAG Contract MF 919 - Site Visit Report. Copy to Netl DorrIll, Dr. Polkowskt and Mr. Yonkosky. To BCC, dated 5/1/90 from DNR, Request for Public Comment, File Number: C0-233, Applicant W.g. Williams. Copy to Nell Dorrtll, Frank Brutt, and Bill Lorenz. Dev. Order ~90-1, Respondent's Answer and Affirmative Defenses issued by BCC for the Regency Village of Naples Development of Regional Impact. Copy to Nell Dorrtll and Frank Brutt. B. Dev. Order #90-1, Pre-Trial Stipulation Issued by BCC for the Regency Village of Naples Development of Regional Impact. Copy to Nell Dorrtll and Frank Brutt. C. Dev. Order #90-1, Respondent Collier County's Pre-Trial Stipulation issued by BCC for Regency Village of Naples Development of Regional Impact. Case #APP-90-O16. Copy to Netl Dorrtll and Frank Brutt. Marco Fire Control District, Financial Statements with Auditor's Report for September 30, 1988 and 1989. Copies to Mr. Yonkosky. Minutes: Page 73 10. May ~§~ ~990 Collier County Information and Referral Blue Ribbon Task Force Committee. Agenda for 5/24/90 and M~nutee of 4/27/90. B. Collier County Planning Commission Minutes of 3/13/90. C. Golden Gate Parkway Beautification Advisory Committee Agenda of 5/8/90 and Minutes of 4/10/90. D. Marco Island Beautification Advisory Committee Minutes of 5/2/90 end corrected copy of 4/12/90. Notice to Owner: 'C. To BCC re Health/Public Services Building from Burke for Concrete Forming and Accessory Materials. Copy to Nell Dorrill, Steve Carnell and John Yonkosk¥. To BCC re Health/Public Service Building from Hu~hes Supply Inc., for Fire Sprinkler. Copy to Neil Dorrlll, Steve Carnell and John Yonkosky. To BCC and Better Roads, Inc. under an order given by Imperial Underground for Steel Pipe from Empire P~pe/Supply Co. Copy to Netl Dorrill, Steve Carnell and John Yonkosky. To BCC, order given by Douglas N. Higgans, Inc., to Horizontal Dewatering for South Area Wastewater Project for Installing sock drain for dewatertng. Copy to Neil Dorrill, Steve Carnell and Mr. Yonkosky. Letter to BCC, dated 5/1/90, from Benjamin C. Pratt, P.E., P.L.S., Assistant to the Director, Surface Water Management Divis~on, Fort Myers Area Office, South Florida Water Management District, re Notice of Intent to Construct Works Modification to Highway Permit and Stormwater Discharge for C.R. 951 - 4-Laning Project Phase I. Copy to Neil Dorrtll and George Archibald. Case #88-2173 CA 01, Judge Hugh D. Hayes, 20th Judicial Circuit Court, Tackmark, Ltd., vs. Terrence L. Fitzgerald, Mediator's Report of No Settlement. Copy to Ken Cuyler. Case #88-878-CIV-T-]TC, U.S. District Court, Middle District of Florida, Tampa Division, Leonard W. Yanke. vs. Polk County Board of County Commissioners. Copy to Ken Cuyler. 000C10425 Page 74 Nay 15, 1990 There'being no further'business for the Good of the Coullt¥, the meeting was adjourned by Order of the Chair - Time. -~'05 o.~,, BOARD OF., COU~T'i~f,~bN~'ISdZOI~i~i~,~ BOARD 0~ ZONtN~AP~L~'{,' "~ gvs f e CONTROL ', .~ - ATTEST: these minutes approved by the Board on "~.'. as presented J ., or as corrected o0 cB0426 Page 75