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BCC Minutes 07/31/1990 R Naples, Florida, July 31, 1990 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of'Golller, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created accordinG to law and having conducted business herein, met on this date at 9:00 A.M. in R~GULAR SZS$ION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Burr L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Annette Guevln, Harriet Beech, and Ellle Hoffman, Deputy Clerks; Netl Dorrill, County Manager; Thomas Olllff, Assistant to the County Manager; Ken Cuyler, County Attorney; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Administrator; Ken Baglnski, Planning Services Manager; Bob Blanchard, Growth Planning Director; Ron Nlno, Sam Saadeh, Dob Lord, Bob Mulhere, Bill Hoover, Bill Laverty, Planners; Sue Fllson, Administrative Assistant to 6he Board; Crystal Blankenship, Sheriff's Office and Deputies Tom Storrar and Scott Barnett, Sheriff's Office. Page July 3~, 1990 AG~D& A]~D CONS~T A~EI~DA - ~O~D NI~ Co~teetoner S~ ~ed, second ~ Co~lsetoner Vol~ ~ c~ried ~t~y, t~t t~ ~en~ ~ con~en~ agen~ ~ a~r~ed with the roll.lng ch~ges: 1. Item 12C - Request for donation from ~he Greater Naples Babe Ruth Pro,ram - Added (request that this be heard at be9tnntn~ of meeting). 2. Item 14D3 moved to Item 9D1 - Cartca Tank Water Line Construction License Agreement (re~ested by the County Attorney). 3. Item 14H3 moved to Item 9H2 - Sugary of Tentative Millage Rates (requested by the Sheriff's Office). 4. Item 7A5 - Continuation of July 25, 1990, Public Hearing - Growth Management Plan Amendments - Added. Go~lssloner Hasse requested the continuation of Item ?B2 - Petition PU-88-12C, Shelter for Abused Women of Collier County, Inc. He indicated within the minutes of last year's meetln~ ~t states this request is to be heard at a re~lar Board of County Co~tssloners meeting after July 31, 1990. He read from a letter written by Debble Crocker, a nel~hbor to the Shelter for Abused Women, in which she sta- ted neither she nor hel' attorney received written or verbal notifica- tion that this Issue would be before ~he Board this date. Commissioner Saunders commented it seems they did have notice since the letter from Ms. Grocket's attorney ts dated July 24, 1990. After lengthy discussion, it was decided that Item 7B2 will remain on the agenda. Mr. Dorrlll reported receivinG a request from the petitioner to continue for two weeks Item 6B2 - Petition PDA-90-4, Westinghouse Co~uni~les of Naples, Inc., requesting an amendment to the Pelican Bay PUD. Attorney Donald Ptc~orth, representing the petitioner, explained additional concerns have arisen since the standards and conditions for this amendment were a~reed upon by Gounty staff and the petitioner. It was the consensus that since this item has been advertised, Page 2 July 31, 1990 will remain on the agenda and if issues develop during discussion, it will be brought back in two weeks. _EMPLOYEE SERVICE ARARDS - PRESENTED Commissioner Hasse presented Employee Service Awards to the following three employees: Item ~B Victor E. Albarracin - Solid Waste - 5 years William A. Spencer - Project Review - 15 years Jose C. Mcgee - Road and Bridge - § years CHECK PRESENTATION BY THE PALM RIVER PROPERTY A~SOCIATION FOR A TRAFFIC SI~AL AT THE INTERSECTION OF I~tOKALEE ROAD AND PALM RIVER BLVD. - ACCEPTED Mr. Ed Erpeldlng, President of the Palm River Homeowners Association, stated it is his honor to present to the Board of County Commissioners checks totalling $22,000 in private sector funding for a traffic signal at the intersection of Immokalee Road and Palm River Boulevard. He thanked the following for their contributions: Ptper's Point Condominium for $11,000; Independence Court of Naples for $6,393; River Oaks Homeowners Association for $2,357; Palm River Country Club for $2,000 and Naples Dinner Theatre for $250. On behalf of the Palm River Homeowners Association, he thanked the Board of County Commissioners for recognizing and acting to correct a very serious traffic hazard. He expressed appreciation to Commissioner Volpe and Transportation Services Administrator Archibald for their help In this matter. Commissioner Hasse thanked Mr. Erpeldtng and accepted the checks on behalf of the Board of County Commissioners. Item ~12C I~SOLUTION 90-396 R~ DONATION TO THE GP~ATER NAPLES BABE RUTH PRO(tRAM - ADOPTED Mr. Paul Cammuso, Assistant Coach of the Babe Ruth All-Star Team, informed his team is the current representative of the State of Florida and this is the first time Naples has been in this position. He said expenses to travel to the regional tournament in Morrtstown, Page 3 July 31, 1990 Tennessee are more than $§,000. He indicated they have raised $4,100 toward expenses to date and are now asking Collier County for some assistance with the remaining $900. He explained if the team wins at the regional level, expenses are paid to attend the World Series in Louisiana. In answer to Commissioner Hasse, County Manager Dorrill replied $300 remains tn discretionary funds which could be used for this pur- pose. Commissioner Hasse stated the next budget will discontinue much of this type of donation but since $300 is available, he believes that is a reasonable amount to give to the Babe Ruth Program. Co~issionsr Shanahan ~oved, seconded by Co~missioner Goodntght and carried unanimously, to appropriate $300 for the Babe Ruth Pro~ra~, thereby adopting Resolution 90-396. Page 4 July 31, 1990 Item #6B1 ORDINANCE 90-61R~ PETITION ZO-90-10, COMMUNITY DEV~LOPM~NT DIVISION R~QUESTING AN ORDINANCE AMENDING ORDINANCE 82-2, BY AMENDING SECTION 8, SUPPLEMENTARY DISTRICT R~GULATIONS, SUBSECTION 8.25, OFF-STRKET ~ARKING RKGARDING HOUSES OF WORSHIP- ADOPTKD Legal notice having been published in the Naples Daily News on July 12, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition Z0-90-10, filed by Community Development Division requesting an amendment to Ordinance 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County by amending Section 8, Supplementary District Regulations, Subsection 8.23, Off-Street Parking: required amounts, to provide a petition process for reducing the required parking for houses of worship through the Board of Zoning Appeals in conjunction with an application for a Building Permit or a Site Development Plan, for a reduction in required parking spaces. Planner Hoover stated the purpose of the petition is to offer the possibility of reducing parking requirements for churches to a minimum of one parking space to four seats in the sanctuary. He advised the reduction will only be allowed where a significant hardship exists and where the applicant can demonstrate that a parking plan Is being pro- vided to keep vehicles from infringing on neighboring properties as well as providing adequate access for emergency vehicles. He said staff's recommendation to the CCPC was to allow the reduction only for existing churches. He reported the CCPC amended the petition to allow for all churches which was then approved unanimously (8/0) by that com]nittee. He indicated their reason was to include the Haitian First Assembly of God tn Immokalee. Commissioner Volpe said he is not in favor of allowing special exceptions for new churches from the recently established requ]rPments of 3 parking spaces for every 7 seats. ~'~uss~on of Th~s ~ssue, several members of the Board of County Commissioners indicated they wanted staff to consider being more Page 5 July 31, 1990 liberal with churches and this is staff's answer to that. Commissioner Volpe recalled the discussion concerning existing churches experiencing growth in their congregations and the exception today includes new churches. Planner Hoover stated the ccPC recommendation will make it much more difficult for new churches to demonstrate significant hardship than ex/sting churches. Commissioner Saunders informed he believes new and existing churches should be treated the same, not with two sets of require- ments. In answer to Commissioner Hasse, Planner Hoover replied original requirements were 1 space for 2 seats which was recently amended to allow 3 spaces for 7 seats. He said this petition will allow review in cases where churches are surrounded, for example, by commercial property. He advised currently there is no shared parking plan which would allow a church and an adjacent commercial property to share parking spaces. Commissioner Shanahan reported he is the sponsor of this amendment which was initiated by all the churches on Marco Island. He indicated most churches feel their problem was not addressed when parking requirements were changed from i for 2 to 3 for ?. He said this action includes enough stipulations in the amendment to the ordinance that will allow a fair opportunity for everyone. He concluded his sponsorship is for existlng churches. Planner Hoover aired a possible revision of "significant hardship" for existing churches and an "extreme hardship" for new churches. Commissioner Goodnight stated the Immokalee Master Plan approves bringing up one of the districts to a better standard. She said there are some churches in that area now and more will want to come into that district. She concluded she supports the CCPC recommendation which will allow more flexibility for staff and the Board to look at individual circumstances. Commissioner Volpe indicated he prefers to see the standards left Page 6 July 31, 1990 In place and have staff continue to pursue a shared parking plan which will address Commissioner Goodnight~s concerns In Immokalee. Planning Services Manager Bagtnskt informed the ability to apply for a variance request is being proposed under the new development regulations in the changes being proposed to the zoning ordinance. He said the variance request can be expanded to include parking. Commissioner Volpe asked if the proposed amendments in the land development regulations will provide relief in unique situations where parking requirements cannot be met? Mr. Baglnski replled traditionally variances are based on /den- ttftcattons by the applicant of extreme hardship cases not created by the applicant. He said when staff drafted this amendment, they recognized the difficulties on existing churches and the recommen- dations were made in that direction. Commissioner Hasse questioned will a new church be creating Its own hardship? M~. Bagtnskt replied that is a difficulty staff will need to face because it will be hard to identify a hardship on a proposed structure rather than an existing facility. Commissioner Saunders stated Florida /aw requires variance mecha- nisms for setbacks and parking, and staff is attemptinG to bring Collier County codes into compliance with acceptable standards. He commented Collier County has an excellent staff who will do a good Job in making sure there really is a hardship when a request is received for a variance from the 3 for 7 parking requirement. He reiterated there is no need for two sets of standards. In answer to Commissioner Volpe, Planner Hoover replied the shared parking land development regulation is expected in approximately slx months. ¢onlssloner Saunters ~ov~t, seconded by Contsstoner Shanahan and curled unanimously, that the public hs~rtn~ be closed. Co~lsstoner $&unders ~oved, seconded by Co--'tsstoner Sh~ to approve the l~/~s u recommended by the CCI~C. Motion failed S/2 July 31, 1990 (Com~lsetonere Volpe and Hawse oppoeed.) Comaisetonar Savnders ~oved, ~econ~d ~ Co~teetoner Vol~ ~d c~r/~ ~l~ly, to appr~e the l~ge ae recovered ~ staff ~d t~ the Ordtn~ce aa n~red ~d titled ~1~ ~ adopted ~d entered into Ordi~ce ~k No. 39: ORDINANCE 90-61 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 8, SUPPLEMENTARY DISTRICT REGULATIONS, SUBSECTION 8.23, OFF-STREET PARKING: REQUIRED AMOUNTS, TO PROVIDE A PETITION PROCESS FOR REDUCING THE REQUIRED PARKING FOR HOUSES OF WORSHIP THROUGH THE BOARD OF ZONING APPEALS IN CONJUNCTION WITH AN APPLICATION FOR A BUILDING PERMIT OR A SITE DEVELOPMENT PLAN, FOR A REDUCTION IN REQUIRED PARKING SPACES; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. Item ~6B2 PETITION PDA-90-4, DONALD A. PI~RTH REFRESENTING WESTINGHOUSE COMMUNITIES OF NAPLES, INC., R~QUESTING AR AM~ TO THE PELICAN BAY PUD DOCUMENT BY AMENDING SECTION 7.03C REGARDING TENTS AS AN ACCESSORY USE TO HOTELS AND MOTELS - CONTINUED TO 6/21/90 Legal notice having been published in the Naples Daily News on July 12, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PDA-90-4, filed by Asbell, Haines, Doyle and Plckworth requesting an amendment to Ordinance 77-18, as amended, which established the Pelican Bay Planned Unit Development by amending the following section of the original Planned Unit Development Documents: Section VII, Group 4, Subsection 7.03, uses permitted, Paragraph C - permitted accessory uses and structures, by adding tents as a permitted accessory use to hotels and motels in those areas designated as Group N on the Planned Unit Development site plan. Planner N/no stated this request will provide for temporary or less than permanent status for a tent as an accessory and ancillary use to hotels. He said this amendment will allow tents for a period of up to 3 years only in conjunction with hotels within the Pelican Bay PUD district. He indicated this ordinance contains a significant number of conditions that will need to be met prior to permitting a tent, which include adequate buffering and distancing from residential Page 8 July 31, 1990 properties. He said there are also provisions regulating the amount of noise which can be emitted from the tent. Since being reviewed by the GCPO, he said, a number of concerns have been raised that staff feels should be included In the amendment. He advised these concerns are tents which should be a minimum size; tents which should be sub- Ject to impact fees, with a credit toward a permanent structure if built within the 3 year timeframe; and hurricane vulnerability which should be addressed with tents being able to withstand certain wtndloads. He added the CCPC recommended approval of this petition (5/0) without having an opportunity to address these issues. He concluded staff recommendation is to approve the CCPG recommendation with an amendment to include the three Issues addressed above. Planner Ntno advised the notification fe~ of $5 per household which totals $13,000 has not yet been received from the petitioner. He further noted that, upon review by the Office of the County Attorney, It was suggested to delete the noise parameters Included tn the proposal. He said there may be a possibility of conflict between the proposal and the County's noise ordinance. In answer to Commissioner Hasse, Planning Services Manager Baginskt replied that letters of objection have been received from 26 Individuals and 4 condominium associations, and letters of approval were received from 4 individuals and the Pelican Bay Properties Association. Commissioner Saunders commented ordinances have been adopted regu- lating the use of tents and this proposal will Imply that Pelican Bay and hotels are exempt. He asked the County Attorney if this petition is approved, will other areas in the County have a valid argument to also permit tents for up to 3 years? County Attorney Guyler answered in the affirmative and added this might especially apply to hotels and motels outside this PUD. Commissioner Volpe agreed with Commissioner Saunders' concerns and stated his own relative to hurricane vulnerability, i.e., flood- proofing, meeting requirements for minimum flood elevations and taking Page 9 July 31, 1990 down tents tn the event of a hurricane watch or warning. He said there are more Issues being raised which need to be addressed in addi- tion to those presented by staff. Attorney Donald Ptckworth, representing the Ritz-Car/ton, explained when this matter originally came before the Board last fall, discussion resulted in the parties being directed to resolve the situation. He said after reviewing various factors, it was concluded there are large areas within the regulatory structure that do not deal with structures such as the tent at the Ritz-Carlton and the best way of resolving this issue for both Collier County and the property owner is to propose an amendment which covers tents on hotel properties. He said because the Ritz-Carlton is within the Pelican Bay PUD it is necessary for this specific regulatory change to apply to that PUD and not to the general zoning ordinance. He advised the current amendment to the general zoning ordinance regarding tents does not address tent properties within any PUD. He said County staff has included provi- sions making this a much more stringent standard than is applied to the general zoning ordinance. Tape ~2 Mr. Richard Ford, resident of Serendipity, spoke against the peti- tion. He reported the Registry Resort Hotel, immediately adjacent to Serendipity, has erected a tent several times which has been less than §0 feet from their property line. He indicated the tent has been a nuisance to Serendipity owners because of noise emitting from it and also due to the fact there is minimal landscape screening. Mr. Plckworth addressed the issue of the mailed notice fee. He stated there is nothing in the zoning ordinance regarding mailing notice to individual owners in the case of u PDA. He said there is a section in that ordinance requiring mailed notice to property owners within 300 feet of the property lines of the land for which the zoning is sought. County Attorney Cuyler reported several issues remain unresolved which need to be addressed by his office and County staff. Page July 31, 1990 Commissioner Saundere ~n~d, seconded by Contssloner Sht~n ~d c~rled 3/2, [C~lsstoners Vol~ a H~se o~sed} to contln~ Petition PD~ 90-4 ~ttl tuft 21, 1990. es, ~ Clerk ~ch replaced ~ Clerk ~ln at this tt~ Item ~B2 PETITION PU-88-12C, SHELTER FOR ABUSED ~ OF COLLIER COUNTY, INC. - CO~mREH~NSIVE REPORT RE OPerATIONS ACCEPTED AND PROVISIONAL USE TO ~ECOM~ P~R~ANENT Planner Arnold stated that the purpose of this item is to review the comprehensive report on the operations of the Shelter For Abused Women of Collier County, Inc. He noted that on October 11, 1988, the Provisional Use was approved with the stipulation that a comprehensive report would be prepared one year after this approval, noting that the report was submitted on October 17, 1989, after being in operation 3-1/2 to 4 months. He Indicated that at the time, the Commission stipulated that an additional comprehensive report would be presented on this date. Mr. Arnold affirmed that he has visited the site, and found no violations with regard to the original Resolution or Zoning Ordinance. He reported that after discussions with 0ode Compliance Services, he was informed that no violations have been reported; and the Sheriff,s Office indicates that no complaints have been registered. He stated that based on this Information, Staff is recommending that the Provisional Use be allowed to continue its operation. Dr. Neno Spagna, representing the Shelter For Abused Women of Collier County, Inc., stated that all conditions, as set forth in two separate hearings, have been set forth. He requested that this acti- vity be permitted on a permanent basis. He indicated that the Shelter has established the need for this type of facility tn the community, and it has been very helpful to many people since it began In July, 1989. He reported that the shelter has not caused any excessive problems to the Sheriff,s Office or the neighborhood. He asked that the Provisional Use be changed from the temporary permitted use to a permanent use as provided by ordinance. Page 11 (. July 31, 1990 Ms. Llnda Beckwith, President, Board of Directors for the Shelter, stated that there have been no incidents or problems in the neigh- borhood caused by the Shelter's existence for the past year. She reported that in the one year of operation, the Shelter has assisted 140 women and their 139 children with over 3,200 nights of sheltering a]Td provided in excess of 2,000 hours of counseling. She advised that of the 7,000 help line calls that have been received, 700 have been immediate cr~ses calls which have been answered by Staff and trained volunteers. She reported that the volunteers have donated 4,200 hours of service. Ms. Beckwith stated that discussions have been held with represen- tatives of the neighborhood and all issues of concern have been addressed and clarified. She related that many of the neighbors suggestions have been implemented. She advised that the Shelter has been a good neighbor and will continue to do so. She requested that the Shelter be granted a permanent Provisional Use for the operation of a safe home. Attorney John Passidomo, representing the Shelter for Abused Women of Collier County, Inc., responded to Commissioner Shanahan with respect to registered complaints. He noted that records from the Sheriff's Office reflect that there have been significantly less reports than when the facility was used as an apartment complex. He revealed that in the 18 months prior to occupancy by the Shelter, there were 8 incidents which ranged from disturbances to domestic mat- ters to misdemeanors, but no incidences of this soft have been reported at the shelter in their one year of occupancy. Commissioner Volpe questioned the status of the pending lawsuit, to which Attorney Passidomo replied that in April, Judge Blackwell heard the oral arguments and held in favor of the Shelter. In answer to Commissioner Volpe, Ms. Beckwith advised that grant monies have been received from several agencies for next year. Commissioner Saunders ~oved, eecortd~d b~ Conniestoner Shanahan and carried unmn~ousl¥, to accept the report of the Shelter For Abused Wo~en, mhd recognize the Pemence of PU-SS-lZC. July 31, 1990 Item ~B3 ORDINAIICE 90-62 RE PETITION Z0-90-13, C09B~UNITY DEVELOPMENT DIVISION, AMENDING TH~ CO~[PRKHENSIVE ZONING REGULATIONS BY ALL0~ING RECRRATIONAL VEHICLES AS PERMITTED USES IN TH~ MOBILE HOME SUBDIVISION DISTRICT - ADOPTHD WITH CONCERNS FOR DISASTER SAFETY Legal notice having been published in the Naples Daily News on July 12, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-90-13/Community Development Division, requesting an ordinance amending Ordinance 82-2, Section 7.17, Mobile Home Subdivision, Sub- section b.1), Principle Uses and Structures and adding paragraph (c) allowing Recreational Vehicles as permitted Principal Use. Planner Mulhere advised that the proposed amendment will allow recreational vehicles as defined in the TTRVC District as a permitted principal use in those mobile home subdivisions zoned MHTT prior to October 14, 1974, provided the TTRVC Section does not exceed the boun- daries indicated on the approved master plan for the park. Ne noted that in addition, this amendment would allow recreational vehicles as a permitted principal use in these mobile home rental parks with an approved TTRVC Section, or which obtained a Provisional Use to permit such prior to January 11, 1982. Mr. Mulhere stated that Staff has reviewed the effects of the current Zoning Ordinance prohibiting the placement of recreational vehicles within the mobile home subdivision and mobile home rental park districts and has determined that while this is appropriate for all new parks and subdivisions, it creates an undue hardship for those parks previously approved to contain mobile home and travel trailer sites, and for those individual owners of lots within a previously approved TTRVC Section of a parcel currently zoned MHSD. Mr. Mulhere explained that questionnaires were mailed to 42 mobile home parks/subdivisions, and 26 responses have been received indi- cating that there are approximately 900 individual recreational vehicle/travel trailer sites and 10 parks and subdivisions which would be affected by this ordinance. 20 Page 13 July 31, 1990 Mr. Mulhere reported that a Master Development Plan approved by the County will clearly delineate that section of the park/subdivision approved for travel trailer/recreational vehicles as well as indivi- dual lot configurations. He noted that this amendment will not permit an increase in the area approved for TTRV use, nor will it allow the housing or storage of TTRV's in excess of the number permitted by the approved Master Plan. Mr. Mulhere advised that the Collier County Planning Commission conditionally approved this petition with a 5-0 vote. In answer to Commissioner Volpe, Mr. Mu/here advised that this amendment would hot allow for any new mobile home parks or mobile home subdivisions to have areas with RV's or travel trailers. Mr. Mulhere explained that it is suggested that at the time of an evacuation warning, the people who are occupying RV's would be the first to evacuate. He noted that because these are not permanent structures, they are permitted within the coastal high hazard area. Commissioner Volpe stated that he feels that there are serious safety concerns and rather than al/owing these to proliferate, con- sideration should be given to bring them back under control. Commissioner Hasse indicated that many people enjoy these types of recreational facilities, and since they are mobile they can travel to points of safety with their entire unit in the event of a warning to evacuate. Dr. Neno Spagna commended Staff and the Commission for recognizing the problems within the ZoninG Ordinance and in their attempts of working very diligently to arrive at a solution to correct these problems. Commissioner Volpe noted that there is a Policy in the Growth Management Plan that states that the population is to be directed away from the coastal high hazard area. Mr. Mulhere advised that he has delineated between the number of the parks that are located within the high hazard area or in other areas, but he believes that ~he number is approximately 50~. Page 14 July 3i, 1990 There were no other speakers. Co~ls~oner Shanahan ~d, seconded by Co~i~sioner Volpe and carried unanimously, that the public hearing be closed. Commissioner Shanmhmn ~oved, seconded by Commissioner Goodntght and carried unanimously, to conditionally approve Petition Z0-90-13, with the concern that the safety In the coutal high h~zard area needs to be addressed, and that the Ordinance as numbered and titled below be ~lopted and entered Into Ordinance Book No. 39: ORDINANCE 90-62 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY AMENDING SECTION 7.17, MOBILE HOME SUBDIVISION, SUBSECTION B. 1), PRINCIPAL USES AND STRUCTURES, BY ADDING PARAGRAPH (C), ALLOWING RECREATIONAL VEHICLES AS PERMITTED PRINCIPAL USE IN THE MOBILE HOME SUBDIVISION DISTRICT FOR THOSE PARKS WITH AN APPROVED TTRVC SECTION PRIOR TO OCTOBER 14, 1974; AMENDING SECTION 7.18, MOBILE HOME RENTAL PARK, SUBSECTION B.1) BY ADDING PARAGRAPHS AND (C) ALLOWING RECREATIONAL VEHICLES AS PERMITTED PRINCIPAL (B) USES IN THE MOBILE HOME RENTAL PARK FOR THOSE PARKS WITH AN APPROVED TTRVC SECTION PRIOR TO OCTOBER 14, 1974, WITH A PROVISIONAL USE TO PERMIT RECREATIONAL VEHICLES AND TRAVEL TRAILERS APPROVED PRIOR TO JANUARY 11, 1982: BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. IteR ,6B4 ORDIHA~CE 90-63, ~ PETITION Z0-90-14, COI,~RTNITY DH%r~LOPMENT DIVISION, AMKNDINO ORDINANCE 89-89, TO CORRECT SCRIVE]FER,S ERROR R~ TH~ TTRVC ~ISTRICT - ADOPTED Legal notice having been published In the Naples Dally News on July 12, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-90-14/Communlty Development Division requesting an ordinance amending Ordinance 89-89, to correct scrlvener's error to Section 7.19, Subsection 7.19h, Compliance by deleting reference to seven (7) months with respect to register maintenance and to replace same with on a permanent basis. Mr. Jeff Dane, resident of Imperial Wilderness, recalled that a resolution with respect to an amendment suggesting that TTRVC owners could reside in their units for 7 months and vacate same for 5 months was unanimously defeated. He indicated that when Ordinance 89-89 was adopted the ? month/5 month clause was to be deleted, but the language Page 15 July 31, 1990 erroneously remained in the ordinance. He stated that the amendment suggests that the ?month/5 month clause be deleted, and that the description of a motor home which is redundant, be removed. Mr. Dane called attention to the language relative to the park register which was not to be included in the ordinance, and requested that this be deleted. Commissioner Volpe stated that he recalls that each individual park owner was to maintain a register to ensure that there would be no residents living in the parks on a permanent basis and this would also be a source of review for the Code Enforcement officers. Commissioner Saunders indicated that his recollection is the same as Gommtssloner Volpe's, in that the register would continue to be maintained, but the arbitrary ? month clause would be eliminated. Mr. Dane stated that the word "non-permanent- is nebulous, and he does not understand how this can be enforced. Commissioner Hasse stated that permanent is considered 365 days per year, but anything less than that is "non-permanent- Commissioner Shanahan related that he recalls that the 7/5 clause was deleted, "non-permanent- was inserted, and there was to be the record keeping of a register on the basis of the fact that occupancy was to be "non-permanent,,. Planner N/no stated that he believes that the wording is correct, as proposed, noting that "non-permanent/permanent,, is addressed in another section of the ordinance. Mr. Cliff Vernen, Imperial Wilderness resident, Indicated that he has received a fee simple title with no reference to TTRVC. He explained that the Constitution of the United States guarantees per- manent use of fee simple title with no deed restrictions. He related that $2,500 per acre in taxes is paid to the County, and there are 546 units in Imperial Wilderness which is an adult community, therefore the school system is not impacted. He stated that if these restric- tions are to be enforced, they must be passed on to every condominium owner in the County. Page 16 July 31, 1990 Commissioner Saunders advised that there are many fee simple pro- perties within Collier County where people may not reside, i.e. Com- mercial Districts. He stated that perhaps the entire ordinance needs to be re-visited. County Attorney Cuyler remarked that originally Staff came to the Commission and indicated that it would be easier to enforce the ordi- nance with a set period of time, but 50-?§ people were present at the hearing on that date and requested that a specific time period not be used, even though many of the people were not permanent residents. He advised that the Commission determined that a specific time period would not be included in the ordinance, and that it would be his responsibility along with the appropriate Staff to enforce it. He commented that the issue today is to correct the ordinance to correct what Staff understands the Commission,s prior action to be. There were no other speakers. ¢oulsslonsr Shmnahan moved, seconded by Coutsstoner S&undsrs and carried unanimously, that the public hearing be closed. Co~isstoner Shanahan moved, seconded by Oo~tsslonsr S&unders and carried unanimously, that the Ordinance ms nusbered and titled below be adopted end entered Into Ordinance Book No. 39: ORDINANCE 90-63 *--~ ~m¢m~ ~ULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO CORRECT SCRIVENER'S ERRORS BY AMENDING SECTION 7, TTRVC - TRAVEL TRAILER - RECREATIONAL VEHICLE PARK CAMPGROUND DISTRICT, SECTION 7.19 H, COMPLIANCE, BY DELETING THE REFERENCE TO "SEVEN MONTHS" WITH REGARD TO MAINTENANCE OF AN OCCUPANCY REGISTER AND REPLACING IT WITH THE TERM "PERMANENT". AMENDING SECTION 20, DEFINITIONS, DELETING THE DUPLICATE DEFIni- TION FOR THE TERM "MOTOR HOME", PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. Item #6C1 ORDINANCE 90-64 CRHATING AN INDEPENDENT SPECIAL TAXING DISTRICT RK CHILDREN'S SERVICES COUNCIL - ADOPTID Legal notice having been published in the Naples Daily News on July 12, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance concerning the provision of Children,s Support Services throughout Collier Page 17 July 31, 1990 County; creating a County-wide Special Taxing District; and providing for a governing body to be known as the Children,s Services Council of Collier County. Assistant County Attorney Wilson stated that this item relates to the proposed ordinance creating a taxing district and allowing for the creation of the Children's Services Council to govern that district. She related that the contents of the ordinance has been discussed at prior meetings before the Commission. In answer to Commissioner Volpe, Assistant County Attorney Wilson advised that the ordinance allows for the creation of the Council which is comprised of 5 members that are automatically on the board by positions that they hold, and 5 members will be appointed by the Governor from a list of 15 persons that the County Commission is to select. She related that the Council will make a needs determination and come before the Commission with an assessment of same in addition to suggesting the options for funding. She explained that the ordi- nance allows a mechanism for levying ad valorem taxes, however, it ts left to the Council as to whether this is the appropriate option or if there are other options, i.e. private funding, which would meet the needs as presented. Commissioner Volpe indicated that he has reservations with respect to the establishment of an independent taxing authority without the electorate having the opportunity to vote on same. He stated that it appears that the taxinG authority would have the right to levy ad valorem taxes up to 1/2 mill, and the budget, once established, shall not be subject to change or modification by the Commission. He advised that he is not prepared to delegate that authority to an inde- pendent agency which is not accountable to the electorate. Commissioner Hasse concurred with Commissioner Volpe's remarks, and noted that he does not believe that any committee should be given carte blanche rights to levy any taxes on Collier County. He indi- cated that it is important to address the needs of the community. Commissioner Saunders stated that the committee will be required Page 18 July 31, 1990 to submit a report to the Commission and a referendum will be set, if it is the desire of the Board. He explained that the committee that is interested in establishing a tax must then sell it to the com- munity, and the voters will have the opportunity to decide the issue. Commissioner Goodnight related that there are several Counties within the State that have a Children's Services Council and they have been very successful. She indicated that she has no problem with the electorate having the opportunity to decide whether they want the millage, and having an independent committee that will present a report to the Commission with the assessment of needs, noting that she feels that the Commission needs to move forward. Commissioner Shanahan explained that he believes that there is the need for a Children's Council, and if the voters endorse same, he feels secure that the people who will direct the program will be responsible. In answer to Commissioner Hasse, Assistant County Attorney Wilson explained that the Council would submit a budget to the Commission, but the ordinance and the Statutes does not permit the Board to change that budget. She stated that the Council does have the ability to receive gifts and donations. Tape ~3 Assistant County Attorney Wilson stated that she has added language to the ordinance that ts not from the Statutes, to clarify that the Commission's intention is that the question relative to the referendum will be determined prior to going to the electorate. Commissioner Shanahan remarked that there is a well defined list of services that the Council will provide which is an incentive that the electorate needs and is confident that whatever the vote may be, will be supported by the Commission. Assistant County Attorney Wilson called attention to Page 5 of the ordinance, with regard to the levying of ad valorem taxes noting that language is included which says: "... Such referendum shall be called only upon the authority and pursuant to the direction of the Board of Page 19 July 31, 1990 County Commissioners by resolution.,, She reported that the same langl~age is included on Page 6 of the ordinance relative to "Referendum Requirement". She stated that if the ordinance is adopted today, the Commission will be requested to approve the list of names to be submitted to the Governor for appointments to the Council. County Attorney Cuyler advised that he ~s comfortable, assuming that Mr. Goodlette represents on the record, that his group understands and concurs with the language with respect to the Board's ability to control whether this item is to be placed on the ballot. Attorney Dudley Goodlette, speaking as a private citizen and on behalf of the Naples Alliance for Children, stated that the commitment that this group has to the children of the community deserves the Commission's recognition. He pointed out that the ordinance embodies totally, the action which was taken by the Board on May 29, 1990 rela- tive to the Children's Services Council. He indicated that the needs analysis will be undertaken by the Council as soon as it is appointed. He encouraged the Commission to adopt the ordinance in its present form. Commissioner Volpe questioned the earliest time that the referen- dum will be able to be placed on the ballot, assuming that the needs assessment will be completed before the first of the year. County Attorney Cuyler replied that the Board has the discretion to set the time as desired, if the Board is willing to have a special election. Attorney Goodlette stated that there is an alternative to the Board of County Commissioners in lieu of having a special election until the next general election. Attorney Goodlette stated that he has submitted a list of persons who have filled out the Governor's application form, and suggested that his name be removed, thereby leaving 15 names. He requested that the Commission formally approve the list, assuming that the ordinance passes. There were no other speakers. Conditioner Sm~ers moved, seconded by Co~m~ssionmr Shanahan and Pmgm 20 JUly 3Z, Z990 carried unani~ou~ly, that the public h~aring be closed. Co~-iealoner 8aunders ~oved, seconded by Co~-ieeioner Goodnight and carried 3/2, (Co~aiseionmrs Volpe and Huse opposed) that the ordi- nance am nu~dmered and titled helms bm adopted, with the understanding that the scheduling, if there is to be a referendum, will be at the discretion of the County Com~lselon, once the report ia prepared and accepted, and entered into Ordinance Book No. 39: ORDINANCE 90-64 AN ORDINANCE CONCERNING THE PROVISION OF CHILDREN'S SUPPORT SERVICES THROUGHOUT COLLIER COUNTY; CREATING A COUNTYWIDE SPECIAL DISTRICT; PROVIDING FOR A GOVERNING BODY TO BE XNOWN AS THE CHILDREN'S SERVICES COUNCIL OF COLLIER COUNTY; PROVIDING FOR THE MEMBERSHIP AND DUTIES OF THE COUNCIL; PROVIDING FINANCIAL REQUIREMENTS AND BUDGET PROCEDURES; PROVIDING FOR AUTHORIZATION OF THE LEVY OF AD VALOREM TAXES NOT TO EXCEED ONE-HALF MILL, SUBJECT TO A REFERENDUM; SETTING FORTH A REFERENDUM REQUIREMENT; PROVIDING FOR FILING WITH THE SECRETARY OF STATE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Co~iseloner Shanahan ~oved, seconded by Co~ieeloner Saunders and carried unanimously, that the following list of 1§ harem, after deleting ~r. Goodlette, be approved for m~b~ittal to the Governor: Bernice Harper Lavern Gaynor John Agnellt Edwin Putzell, Jr. John Passidomo Jeanne Brooker Victoria Ho Mary Ellen ZumFelde Richard Mapes Alma Cambridge Gale Scott Diane Gonzalez Edward Ferguson Frederick Voss Wendell Rollason Item #602 RESOLUTION 90-397 RE PETITION SMP-90-8, NENO J. SPA~NA OF FLORIDA URBAN INSTITUTE, INC., REPRESENTING BONITA-U-STORE-IT CORPORATION, REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR GKRMA~ WOODS LOCATED ON SANTA BJd~BARA BOULEVARD, ONE-HALF MILE SOUTH OF GOLDEN GATE PARKWAY - ADOPTED SUBJECT TO STIPULATIONS Legal notice having been published in the Naples Daily News on July 15, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition $MP-90-8, filed by Dr. Neno Spa~na, Florida Urban Institute, Inc., representing Bonita-U-Store-It Corporation, Inc., requesting Subdivision Master Plan approval for German Woods for property located on Tract ]18, Golden Gate Estates, Unit 30. Planner Lord reported that the Petitioner is requesting Page 2.1. July 31, 1990 Subdivision Master Plan approval for the German Woods subdivision located on the West side of Santa Barbara Boulevard, approximately 1/2 mile South of Golden Gate Parkway. He affirmed that the peti- tioner proposes to subdivide the 9.6 acres into 4 single family lots. Mr. Lord indicated that lands to the north are currently vacant with Estates Zoning; scattered residences in the RFM-12 Zoning District are located to the East and across Santa Barbara Boulevard; Berkshire Lakes PUD is located to the South and across the East/West canal; and the West is currently vacant with Estates Zoning. He explained that Staff has no objections to this petition, subject to the stipulations in the Staff Report. He advised that the CCPC reviewed this request on July 5, 1990, and forwarded same to the Board of County Commissioners with a unanimous recommendation for con- ditfona/ approval, subject to Staff's stipulations. Mr. Lord stated that there has been no public comment for or against this request, and no correspondence has been received. He noted that Staff is recommending approval, subject to the recommen- dation of the CCPC and the required stipulations. Oommtssioner Volpe voiced concern with regard to public safety, noting that the private access road appears to be a long cul-de-sac, and questioned whether there is adequate turn-around for emergency vehicles. Mr. Lord replied that the private access road will ultima- tely service the 4 lots, adding that the access easement will be 30' wide with a 20' road. He reported that the access easement is approximately 800' and will be a part of the subdivision exceptions. Commissioner Volpe stated that there have been problems with regard to variances to the cul-de-sac regulations relating to safety. Mr. Lord explained that the 30' access easement would be adjacent to another 30' access easement to the north, thereby creating a 60' roadway at a later date, and at that time a cul-de-sac would be installed. Dr. Neno Spagna, representing the Petitioner, stated that he has reviewed all requirements and concurs with same. He related that the petitioner has donated additional right-of-way on Santa Barbara Page 22 July 31, 1990 Boulevard for whatever use the County deems appropriate. In answer to Commissioner Volpe, Dr. Spagna reported that the easement runs al/ the way through to the next street, and there would be no reason to request a cul-de-sac. He indicated that this petition has been reviewed and approved by the Fire District. There were no speakers. Coa~leatoner Goodn~ght ~ovmd, maconda~ by Co,~iaaloner Shanahan and carried unaniaou~l¥, to close the public hearing. Golieelo~r ShanAhan ~oved, seconded by Colissioner Goodnight and carried unani~ou~l¥, to approve Petition S~P-90-8, thereby adopting Resolution 90-397, mzbJact to Staff's Page 23 V July 31, 1990 aec Deput~ Clerk Hoffman replaced Deput~ Clerk Beech at thle time l~em ~TA1 RE$OLUTZON 90-398 EX PKTZTZON AN-90-2, ~(RS. SUZAHNK D. LA~IKR OF G[LLK~, P[LON ~ RZC~, P.A., ~P~S~ZNG ~YSVZLLK S~OODS, ~NC., ~QUKSTING ~AI~R OF SKP~TION FOR "LONG JO~ SIL~'S" ~STA~ ON PI~ RI~E RO~ - ~KD WITH STIPU~TION Legal notice having been published ~n ~he Naples Daily News on July 15, 1990, as evidenced by Affidavit of ~blication filed with the Clerk, public hearing was opened to consider Petition AW-90-2, filed by Suzanne D. Lanier, Gillette, Pilon and Richman, P.A., representing Maysville Sea Foods, Inc., D/B/A Long John Silver's re~esting waiver of separation retirements between an establishment which sells alco- holic beverages for cons~ption on premises and a church. Pla~er Saadeh reported that the Petitioner Is re~esting a 500 foot waiver of the required 500 foot separation between establishments serving alcohol/c beverages and churches. He indicated that the sub- Ject property Js zoned C-4 wlth an existing "Long John Silver's- restaurant; property to the North is zoned C-4 and contaAns the Beacon Bowl where alcoholic beverage sales are permitted; property to the East lsa 250' wade lake with RSF-1 zoning across the lake which con- tarns a church and church school; property to the South and across Pine Ridge Road is zoned C-4 and contains Sand Dollars Imports and Truck Center; and property to the West ~s zoned C-4 wlth a 7-11 Convenience Store where alcoholic beverage sales are permitted. Mr. Saadeh stated that the two properties are separated by a 250'+ wide lake. He reported that the restaurant does not have any outs/de- activities or seating areas and the hours of operation are until 10:00 P.M. on weekends. He advised that over 51~ of their sales are derived from food. He explained that over the past three years, the total sales from alcoholic beverages at the East Naples location was only X.98~. Mr. Saadeh indicated that the Collier County Plannlng Commission reviewed this Petition on July 19, 1990, and unanimously recommended approval 5/0, subject to Staff stipulations. He remarked that there Page 24 July 31, 1990 was no public comment either for or against this petition, nor has any correspondence been received. He affirmed that Staff recommends approval of this Petition, as recommended by the CCPC, subject to the stipulations as reflected in the Agreement Sheet. Attorney Frank Kowalskt, representing Maysville Seafoods, Inc., stated that there is a natural manmade division (lake) between the subject property and the church. He noted that under the enabling legislation as provided by ordinance, he is seeking a variance for his client. Mr. John Brandon, Long John Silver's Area Supervisor, advised that he has been with his present employer for ten years, and noted that during that time, there has never been a problem with alcoholic beverage sales. He indicated that less than 2% of the total sales are derived from the sale of alcohol. Commissioner Saunders stated that if this waiver is granted, he assumes that the permission to sell alcoholic beverages would be unt- clue only to the operator of the subject business, but if someone else acquired that building, the waiver would not apply. County Attorney Cuyler affirmed Commissioner Saunders, comment, but noted that if someone presented the same circumstances, the Commission,s ability to deny the request may be less. Commissioner Saunders advised that he is familiar with the opera- tions of Long John Silver's and has no problem with this request, but if the business is sold and someone else assumes same, he would like to have the opportunity to evaluate a new petition for the sale of alcoholic beverages. County Attorney Guy/er revealed that the best time to make sure that this happens, is at the time a new petitioner comes tn for a zoning check-off for a consumption on premises permit and Staff is aware that these are presented to the Commission for approval. There were no other speakers. Cow~tsstoner Shanahmn moved, seconded by Collssioner Goodnlght and carried 4/0, (Colissioner Volpe not present) to close the public 31, 1990 Coutaatonar Sh~z~h~n m~vmd, seconded by Co--missioner Goodntght and carried 4/0, (Coutaalonar Volp~ not present), to approve Petition AW-J0-2, ~d that Resolution 90-398 b~ adopted subject to Staff stipu- lations, ~ that the approval of th~ w&lver does not travel with the property. Pao~ 26 July 31, 1990 P~TITION ¥-90-?, M~. ARTHUR TUCKER ~0~ Y~ 8ET~ ~R ~rs Legal notice having been published tn the Naples Daily News on July 15, 1990, as evidenced by Affidavit of ~bltcatton filed with ~he Clerk, public hearing was opened ~o cons/der Petition V-90-7, filed Arthur Tucker of Consoer, Townsend ~ Associates, Inc., representing Ron Flanagan, =e~estlng a 10 foo~ variance from the requl=ed front yard setback of 25 feet To 15 feet tn a MHSD zone for Lots A, B and C, (Lo~s 1, 2 and 3}, Riverwood East/Unit No. Planner Saadeh stated tha~ this is a companion item to Petition V-90-8, and his presentation will include both petitions. Mr. Saadeh advised that the Petitioner is requesting a 10' varl~ce from the required front yard setback of 25' to 1~' for Lots 1, 2, a 3 and ~4, 55, ~ 56, Rtverwood Estates. He stated that the subject prope=ty is zoned MHSD {Mobile Home Subdivision District); property to the north across Henderson Creek Is zoned MHSD and develo- ped; property to the east ts zoned MHRP {mobile home rental park) and developed: and properties to the south and west are zoned MHSD and developed. Mr. Saadeh explained that Lots 1, 2, ~ 3 are part of Rtverwood East, Unit 3 and a=e platted lots, and Lots ~4, 5~, a ~6 are designated as Tract A for future development on the Master Development Plan and have not been platted. He indicated that these petitions were initiated when Dredge and Fill permits were issued by the Corps of Engineers. He repo=ted that the permits were conditional upon the petitioner receiving approval for the fr:~nt yard setback of 10'. Planner Saadeh expressed that related County Agencies have reviewed the petitions and have reco~ended denial. He stated that the Collier County Planning Commission reviewed the petitions on July 19, 1990, and ~anlmously recommended denial (~/0). He mentioned that there was no public cogent, but Staff has received 8 letters and 2 phone calls from neighbors reco~endtng denial. He affirmed that Page 27 July 31, 1990 Staff is recommending denial of Petition V-90-? and companion Petition V-90-8, as recommended by the CCPC. Mr. Gary Beardsley, of Tropical Consultants, provided an infor- mational packet (copy not provided to the Clerk's Office), with regard to the sub3ect property. He advised that the petitioner has been granted a permit from DER with a 25' setback, and noted that when the Corps was doing its review, notice was sent to various agencies for their comments, i.e. The U.S. Fish and Game, Regional Planning Council, etc. He indicated that at the same time those agencies were sending their comments to the Corps in early 1990, President Bush directed environmental Protection agencies to develop a memorandum of agreement with the Corps which said their was to be a striving of no net loss of wetlands on a pro3ect' He affirmed that the applicant was caught in the middle of the memorandum of agreement, noting that the application had 1/10 acre of impact. He related that the comments from the various agencies suggested a setback from 25' to 15' Mr. Beardsley reported that meetings were held with Staff, and various options were discussed in order to pull the lots out of the wetlands. He expressed that the Corps indicated that they would Issue a permit reflecting 15' setbacks, but if the applicant was not granted the variance, they would still issue the permit. He advised that the applicant already has assurance that he will be obtaining the necessary permits, and this is a benefit for the County to obtain an additional 10' from these lots. Community Development Services Administrator Brutt stated that Mr. Beardsley has taken the presumptive statement that the Federal Government is governing the subdivision regulations and setbacks of Collier County, and noting that what the Corps does in this matter is irrelevant. He noted that there is no basis for a variance due to the fact that the subdivision is designed in a manner that the lot size is inadequate. He related that even though permits have been issued f~om the Corps, certain factors must be met before building permits may be issued. Page 28 July 31, 1990 In answer to Co~atssloner Volpe, Mr. Beardsley advised that there are two parcels, and one may be in question, since it has not been platted. He affirmed that approval of the variance request would save 10' of wetlands along the backside of the lots. Commissioner Saunders stated that the issue ts whether or not the variance should be granted to protect the wetlands, noting that he is uncertain as to whether the wetlands are worth the effort. Mr. Saadeh indicated that the Corps approval is contingent upon the County granting the variance. Mr. Arthur Tucker stated that he has had discussions with the Corps of Engineers who suggested that he apply for the variance. He affirmed that he has been issued a permit from the Corps. Mr. Beardsley indicated that there are 4 commenting agencies that have said that these are prime wetlands, and has forced his c/tent to go from 1/10 of an acre to §/lO0's of an acre of Impact since they are In the Henderson Creek Drainage Basin which goes Into Rookery Bay and Into the Coastal Estuartne System. Commissioner Saunders noted that the Environmental Staff opposed the granting of the request, and questioned if it is their belief that the property owner will not be able to build anything on the pro- perty if the variance is denied. Mr. Saadeh rep/ted that if the County does not grant approval, the Corps will not give approval to encroach on the wetlands, and therefore, the property will not be buildable. Mr. Beardsley advised that there are § lots in Tract A, noting that 2 of which have been set aside in preservation, noting that one lot is entirely upland, and it can be built with no setback variance request. He indicated that the issue that ts being questioned ts actually 2 of the 8 lots. Planner Saadeh explained that it is Staff's opinion, that if pro- per planning had been given to the Subdivision Master Plan, there would have been no encroachment on the wetlands. There were no other speakers. '44 Page 29 July 31, 1990 Co~'iesioner Shanahan ~oved, seconded by Co~'ieeloner Shanahan and carried unani~m~ly, to close the public hearing. Commissioner Shanahan ~oved, seconded by Co~atssioner Saunders and carried unanlmly, to deny Petition V-90-? in accordance with th~ reco~ndattona of Staff and the Collier County Planning Co~'tsslon. Item ,?A3 PETITION V-90-8, ARTHUR TUOI[KR OF CONSOER, T(N~NSEND & ASSOC., INC., REPRESENTING RON FLA~A~AN, P~QUESTING A 10 FOOT VARIANCE FROM TH~ FRONT YARD SETBACK FOR PROPOSED LOTS 54, 55 AND 56 RIVEI~OOD ESTATES - DENIED , Legal notice having been published in the Naples Dally News on July 15, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-90-8, filed by Arthur Tucker of Consoer, Townsend & Assoc., Inc., representing Ron Flanagan, requesting a 10 foot variance from the required front yard setback of 25 feet to 15 feet in a MHSD zone for Lots 54, 55 and 56, Rtverwood Estates. The discussion for this item was held in conjunction with com- pan/on Petition V-90-7, as noted above. Commissioner Saunders moved, seconded by Commissioner Shanahan and carried ur~nt~crusly, that the public heering be closed. Commissioner Shanahan moved, seconded by Commissioner Saunders and carried unanimously, to deny Petition V-90-8 in accordance with the reco~aendatione of Staff and the Collier County Planning Commission. Tape ,4 Item ,?A4 PETITION V-90-9, MR. LAgIRENCE ~ATTI, SR., R~QUESTING A VARIANCE FROM THE REQUIRED REAR YARD SETBACK FOR PROPERTY LOCATED AT 105 CEDAR CREST ~0URT, LOT 65, TANGLEWOOD II, LELY COUNTRY CLUB - DENIED Legal notice having been published in the Naples Dally News on July 15, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-90-9, filed by Lawrence Gatt/, Sr., requesting a 9-1/2 foot variance from the required rear yard setback of 10 feet to 6 Inches in the Lely Country Club PUD, Lot 65, Tanglewood II. Planner Saadeh advised that the Petitioner ts requesting a 9-1/2 Page 30 July 31, 1990 foot variance from the required rear yard setback of 10 feet, so that he may construct a rectangular pool enclosure. Re reported that the subject property is currently zoned PUD (Lely Country Club) and is an interior lot, properties to the north, east and west are zoned PUD for single family residential dwellings; and the property to the south is zoned PUD, contains a lake and the Lely Country Club Golf Course. Mr. Saadeh explained that the Petitioner provided Staff with 3 letters of no objection from adjacent neighbors. He related that Staff has met with one neighbor who voiced opposition to the petition. He indicated that the Collier County Planning Commission reviewed the petition on July 19, 1990, and unanimously recommended denial (§/0). He stated that there were no public comments, either for or against the petit/on at the public hearing. Planner Saadeh reported that Staff recommends denial of Petition V-90-9, as recommended by the Collier County Planning Commission. In answer to Commissioner Volpe, Mr. Saadeh advised that the pool has been constructed but the enclosure has not been built. He indi- cated that the enclosure could be constructed with revisions to the destgl~, but it would not be a perfect rectangle, as desired by the petitioner. Mr. James Phtlbrick, representing the Petitioner, stated that as Planner Saadeh has explained, the reason for the variance request is to alleviate an angle in the pool cage. He indicated that from the outside looking in, the aesthetics would be much more pleasing to see a rectangular pool cage. He advised that all of the neighbors in the immediate area have agreed that this would not cause a problem. He reported that this area is a utility easement, and the pertinent uti- lities have abandoned same for useage. He related that the lot is pie shaped with a 60' frontage but there is 150' in the rear. Commissioner Volpe stated that unfortunately the Commission has to make certain findings with regard to unique hardships, and the analy- sis that has been performed by Staff indicates that there is not a land or structure related hardship. He indicated that he does not see Page 31 July 31, 1990 any basis to grant the variance. There were no other speakers. Commissioner Volpe ~oved, seconded by Co-missioner Shanahan and carried unanimously, that the public hearing be closed. Commissioner Volpe moved, seconded by Commissioner Shanahan and carried unanimously, that Petition V-90-9 be denied, based u~on the findings that have been ~ade by the CCPC and the recommendations of Staff. Item AMENDMENTS TO POLICY 5.! AND THE RURAL INDUSTRIAL DISTRICT - APPROVED AS AMENDED. RESOLUTION 90-399 APPROVING THE PROPOSED GROWTH _MANAGEMENT PLAN AMENDMENTS FOR TRANSMITTAL TO DCA - ADOPTED Planner Laverty advised that this public hearing is a continuation from the hearing of July 25, 1990. He reported that there will be an additional public hearing in January, 1991, to consider adoption of all the amendments that the Commission has approved for transmittal to DCA. Mr. Laverty recalled that at the July 2§th hearing, the Commission approved for transmittal to DCA a boundary change relative to the City of Naples on the Future Land Use Map and the Future Land Use Map Series. He indicated that this will be carried forward through the rest of the Plan Elements to make them consistent with the Future Land Use Element Map and the Future Land Use Map Series. Growth Planning Director Blanchard stated that his memo dated 3uly 30, 1990, reflects the recommended language with regard to amendments to Policy §.1 and and the Rural Industrial District of the Future Land Use Element which were continued from the public hearing on July 25, 1990. Mr. Blanchard reported that Policy 5.1 as it is currently adopted in the Growth Management Plan continues to allow inconsistent projects to develop even though suggested changes to the Development Orders are approved by the Commission. He related that Staff believes that the current language is inconsistent with Policy 31K as it was amended to the Stipulated Settlement Agreement which states very clearly that "No Page 32 July 31, 1990 Inconsistent Development 0rders will be Issued." He noted that Staff recognizes the need to provide an alternative to the "all or nothing', scenario for projects that are already approved. He indicated that all the Policies within the Plan should contain provisions so that if there ts the opportunity during a change application to the Development Order, the project can move tn the direction of con- sistency with the Growth Management Plan. Mr. Blanchard remarked that the proposed language, as outlined on the first and second pages of his memo, continues to permit certain changes to existing inconsistent Development Orders but these changes are related to those Projects that have gone through parts of the Zoning Re-Evaluation process. He advised that Staff is proposing that changes be permitted for pro3ects that have received a compatibility exception or an exemption which does not contain a specific deadline for commencement of construction. He noted that the proposed language does not Include the review categories that have deadlines for commen- cement of construction or continuation of construction. Mr. Blanchard stated that exemptions that have deadlines should not be considered since they are based on specific Development Orders. He noted that the exemptions are allowed for building permits, sub- division master plans, final plats and site development plans. He remarked that changes to those Development Orders represent changes to what the pro3ect entailed when it was exempt, and a requested change could indicate that the project would not go forward under the approved Development Order. Mr. Blanchard Indicated that in the months preceding the adoption of the Zoning Re-Evaluation Ordinance there was a rush tn obtaining approval of site development plans, and he suspects that some of those were rushed with the anticipation that once they received exemptions they would be able to make a change to make the pro3ect more viable and enhance it for some type of development to occur. He remarked that by allowing changes that encourage the development of projects suggests that they should go ahead and develop inconsistent with the Page 33 July 31, 1990 Plan, when in fact they may be able to meet the deadlines under their current approved Development Order. With regard to vested rights, Mr. Blanchard affirmed that deter- minations will be made by a hearing officer on specific projects that have been authorized by the County and also the extent of developer commitments to that project. He stated that changes to Development Orders that are protected by positive determinations of vested rights represents changes to the data that was used by the hearing officer in making recommendations for a final order. He noted that under Policy 5.1, it would be possible for Staff to change that approval to something different than what was acted on by the hearing officer. He indicated that as discussed with the exemption provision, it is entirely possible that under the ex/sting approved Development Order, development that is inconsistent with the Plan, may not proceed. Mr. Blanchard advised that in addition to those two points, an additional change is recommended to remove the language that allows changes to Development Orders that retain the equivalent density and intensity of use. He affirmed that the new language would require an actual reduction in density and intensity to move toward consistency with the Plan. He remarked that Staff is proposing that any permitted changes that do occur under Policy 5.1 should include a provision that the intensity of development should move significantly in the direc- tion of compatibility with the Growth Management Plan: a 20~ reduc- tion in intensity or density is the appropriate test to meet the term "significant',. In answer to Gommissioner Volpe, Mr. Blanchard advised that the phrase that states "equal to or less than" relates to new zoning requests that will be presented to the Collier County Planning Commission and the Board of County Commissioners. Attorney George Varnadoe stated that the problem with the proposed language of Policy 5.1 is that there will be impacts to ongoing pro- Jects since it does not address improved properties. He indicated that i.e. if changes were desired in Pelican Bay that may reduce the Page 34 July 31, 1990 density in any amount, there is no mechanism in this Policy to do, nor is there any mechanism to make changes unless the project is brought into total compliance. Attorney Varnadoe called attention to the exemptions from the Zoning Re-Evaluation Ordinance for those projects that may not be amended. He stated that when a project is underway tn 3 to § years, and reasonable changes are desired, there is nothing in the Policy to allow these changes. With regard to the 20% criteria, Mr. Varnadoe stated that the City adopted a similar Policy which allows developments that are improved to make changes in the Development Order as long as there is a reduc- tion toward the Growth Management Plan, but the proposed language would not allow this. In answer to Commissioner Saunders, Mr. Blanchard stated that Staff's proposed language addresses a percentage of the entirety of the project. Attorney Varnadoe presented a copy of proposed language changes. He suggested that an "either or test" be used with a meaningful reduc- tion in intensity or density because large projects with a 5% or 10~ reduction would be a great amount. He stated that there will be times when the County would benefit from a change in Development Orders that may or may not reduce the density of a project, but there may be other substantial benefits. He indicated that there should be the ability for the Commission to have the flexibility to allow these projects that have been exempt for one reason or another, from having to be in straight compliance with the Growth Management Plan, and allow them to go forward to make reasonable changes that will bring them Into compliance with the Plan. Attorney Varnadoe called attention to Paragraph I (b) of his language, noting that he feels that the Policy should include a provi- sion for projects that receive an exemption from the Zoning Re-Evaluation Ordinance that require construction to commence, but to make certain that construct/on is moving forward before any changes Page 35 July 31, 1990 are allowed. Mr. Varnadoe stated that Paragraph 2 is the same as recommended by Staff. Mr. Varnadoe pointed out that Paragraph 3 is the change that constitutes a meaningful reduction in the density or intensity or results in other meaningful benefits to the County. Attorney Varnadoe advised that Paragraph 4 gives the Commission the discretion as to how much intensity/density is required to look at the compatibility with other Goals, Objectives and Policies of the Growth Management Plan. Mr. Blanchard reminded the Commission that if it is desired to go with the concept of other meaningful benefits, Policy 8.1 relates spe- cifically to the Future Land Use Element which deals with the types of land uses and the intensity of development that is planned for the future of the community and not to the entire Growth Management Plan. He stated that he is hesitant to include "meaningful benefits". Mr. Blanchard stated that with regard to Mr. Varnadoe's first two points, they are actually both improved properties. He recalled that at the public hearing on July 25th, discussions were held with regard to Policy 5.9 and the language was amended to change "developed" to "improved" and also that "properties which do not conform to the Future Land Use Element but are improved or found to have vested zoning rights shall be deemed consistent with the Future Land Use Element" He noted that Staff was given direction by the Commission to address "improved property" in terms of conformity and non- conformity, and he is suggesting that it is appropriate to deal with improved property under Policy 5.9 when Staff comes back to the Board. Commissioner Shanahan questioned whether Staff has a problem with the language remaining as is, in order to afford the improved property owner the opportunity that Mr. Varnadoe is suggesting. Mr. Blanchard replied that the issue still remains as to whether it is proper to include the language or to delete it. He noted that the Commission has the option of a second amendment cycle during the year. He Indi- Page 36 July 31, 1990 cared that in his opinion, it is better not to include the language, but in the meantime obtain direction from the Board, and then insert the appropriate language. Commissioner Saunders asked if it would be acceptable to approve Staff's recommendation for Policy §.1, changing the second sentence to read: "However, any change to an existing Development Order for unimproved or improved property, whether residential, commercial or industrial...,, and modifying (3) on the fo/lowing page with the defi- nition of "significant" as follows: "significant" shall mean a reduc- tion in density or intensity equal to or greater than 50% of the inconsistency. County Attorney Cuyler advised that "unimproved property" cannot be included in the language. Commissioner Saunders called attention to "significant,, in terms of the reduction in intensity or density equal to a percentage of the inconsistency, and asked Mr. Blanchard what he recommends as the desired amount of percentage? Mr. Blanchard responded that §0% would be an acceptable amount. Attorney George Varnadoe stated that he believes that all aspects of development should be addressed in Policy §.1. He cited that Policy 5.9 indicates that if improved, the property may be developed out to the extent of the lot. Commissioner Volpe mentioned that the planned and improved dwelling units or the PUP's are being exempt due to the dedication of a right-of-way or some other dedication with no time lines and any time in the future they can be amended and allowed to proceed incon- sistently with the Growth Management Plan. Attorney Varnadoe replied that the properties that are not included in Policy 5.1 are those that have time lines included, and they are not allowed to make any changes in the future unless they are totally consistent with the Growth Management Plan. Mr. Blanchard revealed that once exemptions are granted, and the time line is met, the definition of the test of commencement of Page July 31, 1990 construction is met, but the exemptions that Mr. Varnadoe is suggesting, falls into the same concerns that he has with improved properties. County Attorney Cuyler stated that those types of exemptions are really two part exemptions: the criteria for the exemptions is met; and then additional things must be done in order to maintain that exemption. He explained that the County has no assurances that those things will happen, and therefore, it is acknowledged that the deve- loper will commence construction in good faith when in fact he may never do that. Commissioner Hasse questioned whether Mr. Blanchard concurs with Attorney Varnadoe's suggestions? Mr. Blanchard indicated that he does concur with Mr. Varnadoe's language with the exception of the issue of "improved properties" and Item l(b} relating to the inclusion of add/- tlonal exemptions. Attorney George Varnadoe stated that if Policy §.1 is adopted, there is a certain segment of the populous that is allowed to develop but has no ability to make reasonable changes to the property and he believes that this is a fatal flaw in the Growth Management Plan. He indicated that if inconsistencies in a Development Order are to be addressed, they should be handled in one Policy rather than scattering same throughout the Growth Management Plan. Mr. Varnadoe pointed out that because Briarwood does not receive an exemption for the road dedication since it is not a time deadline project, reasonable changes could not be made to this project unless it was totally consistent with the Future Land Use Element. Attorney Donald Pick-worth voiced concerns with regard to the ina- bility for property deemed "improved" to make changes, in addition to the exemption language. He cited that the Wiggins Pass project has changed its original site plan to a 226 unit development and instead of 3 high rise buildings, it now has 8 or 9 lower buildings with the "RT" Zoning District guidelines. He indicated that in the meantime, the County announced that it had acquired the land across the waterway 53' Page 38 July 31, 1990 and would build a boat ramp. He stated that he has concerns relative to some of the units being very closely placed to a County park, and he is interested in the ability to make some shifts in the site plan. He related that because this project is a 2.4 exemption which requires start of construction and continuing in good faith, the Policy pre- vents him from doing this. Attorney Bruce Anderson indicated that as a matter of equity, a person who has started construction on his pro3ect should be more entitled to change his building plans than someone who has done nothing at all. County Attorney Guyler advised that Staff is not intending to address these examples of ongoing pro3ects, but there are hundreds of other examples which are very complex and should not be addressed in this Policy, and they should all be comprehensively done at the same time. Attorney Anderson stated that he concurs with County Attorney Cuyler, but unfortunately, he believes that the Commission is taking a piece meal approach. He mentioned that the Settlement Agreement which was entered into with DCA is under challenge and one of the challenges is based on the Policy which is being discussed. He noted that the Commission is in litigation with the citizens group from the City of Naples, and even if the Board is inclined to change or delete the Po/icy, today is not the day to do so. He suggested that the Commission wait until December to make any changes and work out a settlement with the people who are ob3ecting to the Comp Plan. County Attorney Cuyler advised that his position is that the Oommisston does, in all cases, what it feels to be appropriate and the considerations as mentioned by Attorney Anderson are not part of the considerations that are being dealt with today. Attorney Dudley Goodlette remarked that he has clients with improved properties that need protection from the proposed ordinance. He revealed that this is a complex issue noting that this Policy was very seriously debated in 1987 at the Citizens Advisory Committee Page 39 JUly 31, 1990 level and also by the CCPC. He indicated that he endorses the com- ments that have been made. He stated that he feels that County Attorney Cuyler's proposal which was forwarded to the Commission is an improvement, but the comments which were forwarded back to Mr. Cuyler by Attorney Varnadoe is a further improvement, and he encourages the adoption of same. He explained that there needs to be a vehicle to permit improved property to change, and he sees no reason for not per- mitring the 2.4.1 and 2.4.2 exemptions to make changes providing that the termination or exemption is not extended by virtue of anything that is done today. He stated that the language in (1) (b) as pro- vided by Mr. Varnadoe accomplishes this. He noted that if people are going to be forced to build out those projects on which they have SMP's, or building permits in accordance with their terms and not per- mit them to improve those by reducing the intensity or density they will build those projects. He indicated that he does not believe that the Growth Management Act mandates that those projects are not to proceed. Commissioner Volpe questioned why the exemptions under 2.4.1 and 2.4.2 are not being addressed? Mr. Blanchard stated that in his nion, these exemptions are based on very specific Development Orders, and the changes to those Development Orders basically changes the cri- teria that Staff has used to grant those exemptions. He noted that there is no guarantee that a project will build, based on a Development Order. He indicated that when SDP's and final plats are received, those projects meet all County Codes and in the County's view, it is a "good project". He advised that by making changes to the approved Development Order it may enhance what the developer can do with the project, but by approving those changes, development is being encouraged to continue inconsistent with the Plan, and could be removing the opportunity that the Commission has to direct development into consistency with the Growth Management Plan. Commissioner Volpe noted that Attorney Goodlette expressed that by not allowing flexibility, a project may be built out that could be Page 40 July 31, lgg0 a better project than the one that was approved during the rush. County Attorney Cuyler stated that Staff will be back before the Commission with regard to those projects that are going to be built out over the course of 3-10 years and the exemptions relating to same. Commissioner Shanahan stated that it is obvious that there is an impasse with respect to Staff and the development community. He indicated that everyone concurs that there must be a way to address the problems in relationship to the "improved properties,,. County Attorney Cuyler advised that he ts willing to accept the language for Policy §.1 (3) as follows: The Board of County Commissioners finds that the change constitutes a meaningful reduction in the density or intensity permitted by that development order, or results in other meaningful benefits to the County. Commissioner Saunders moved, seconded by Commissioner ¥olpe and carried unanimously, to approve Policy ~.1 u recomnded by Staff, Including the chmng~ ms outlined by County tttorne¥ Cu¥1er; and Stmff to expedite a comprehensive approach to the "Improved property" problem. Growth Planning Director recalled that at the meeting on July 25, 1990, there were discussions relative to the appropriateness of adding language to address the industrial type of land uses in the Rural District of the County. He stated that he ts recommending that no language be included pertaining to that issue, but rather to stay with the original proposal of Staff to change the access definitions on collector and local roads that do not go through predominantly resi- dential areas for three basic reasons. He indicated that there was an error on his part since he assumed that uses were to be located adja- cent to existing industrial type uses, and that there was a reason for the probable resources in the rural earth mining area. He noted that there was an admitted attempt to amend the Plan for one specific pro- perty and one specific property owner who would not be using the resources of the adjacent mining site. Therefore, he advised that this changes his philosophy as to whether this type of amendment is Page 41 July 31, 1990 appropriate for the entire rural area. He indicated that con- sideration of the proposed language is really more appropriate as a formal amendment application and would give Staff the additional time to conduct a more thorough analysis. He stated that the amendment process is always open on an annual basis to anyone in the County, and is more appropriate in this case. He noted that he ts recommending that the language remain as proposed by Staff originally with the one change which was agreed to relative to clartftcatlon of the language for otl and gas exploration and production as underlined in his memo. ¢o"~iaalonar Shanahan moved, meconded by Co~missioner maunders and carried unanimously, to approve the amended language aa presented. Conlasloner Volpe ~oved, seconded by Comtssloner S~und~r~ and carried umant~u~l¥, to close the public he.ring on th~ ~nd~ente to the Growth ~nt Plan. Commissioner Shanahan moved, meconded by Co-~imaloner Saundera and carried un&nimou~ly, that Resolution 90-399 approving the proposed Growth ~anag~ment Plan A~endmentm for tra-qitt&l to the Department of Co~nit~ Affairs be adopted. Page 42 July 3!, 1990 Deputy Clerk Quevin repl&ced Deputy Clerk Hoffman at thte time e,. I~$OLUTION 90-400 l~ PU-90-10, H & D CO~ICATION$, LINIT~D PARTN~I~HIp, I~QU~STING A PROVISIONAL USE FOR A CO~I~NICATION TOWER A~D ~IALL ZQUII~IENT BUILDING ON WHITAXER ROAD F.~T OF COUNTY BARN ~OAD - ADOPTZD ' Planner Arnold referred to PU-90-10, H & D Communications, Limited Partnership, which is a request for a Provisional Use per Section 8.10.b within RMF-6 zoning district for a communication tower and small equipment building, located on Whitaker Road, 5/8 mile east of County Barn Road, Section 17, Township 50 South, Range 26 East. He stated the 9-1/2 acre site has a 313 foot existing communication tower and this PU is requesting an additional 393 foot tower. Ne said the property is surrounded by vacant RMF-6 zoned lands to the east and to the west. To the north, he informed, is Estate-zoned property with scattered residential homes. He said the Youth Haven PUD is to the south and across Whitaker Road. Ne explained the tower is proposed to be constructed at least 300 feet from all property lines and is designed to collapse upon itself in the event of heavy winds. He stated the site is heavily wooded and the retention of native vegeta- tion outside the development envelope should provide sufficient buf- fering for future development in the surrounding area. He concluded staff and the CCPC recommend Petition PU-90-10 for approval subject to the stipulations in the agreement sheet. Commissioner Volpe asked if the service can be accomplished by increasing the height of the existing tower? Mr. John Norman, assisting Ms. Mary TydinGs, agent for H R D Communications replied the existing tower was built with a shrinking base top and it is almost physically impossible to remove the shrunken top to increase the height. He added the existing tower will not sup- port the added weight, nor will it meet current buildinG codes for windload. In answer to Commissioner Volpe, Mr. Norman replied there will be Page 43 July 31, 1990 2 radio stations and several communication centers on the site. He said both the existing tower and the new one will be needed to accom- modate that plan. Co,missioner S~ ~oved, seconded by Co~aissioner Goodnight and carried 4/0 (Co~aissloner Sa~nders not present) to &pprovs Petition PU-90-10, thereb~ adopting Resolution 90-400. Page 44 July 31, 1990 *** Comiesiomer Sa~xu~ers arrived at this Ite~ #12B COST CO~A~OL A~D PRODUCTIVITY IMlmROVE~E~T ~RT OF ~ CITIES' PRODUCTIVI~ C~I~KE - ACCEDED ~ ~HOP TO BE ~LD 8/22/90 Co~tsstoner Sanders thanked the Co~tttee for their tremendous endeavor and stated he appreciates the support of the County Manager for these efforts taken to increase productivity and save taxpayer dollars. He indicated he is looking forward to a workshop on the suggestions of the Co~ittee and also would like to make this an on- going review. Mr. Ross Obley, Chairman of the Cost Control and Productivity Improvement Co~ittee, th~ked the County M~aGer and his staff for their cooperation and co--ended Coopers and Lybrand for their ~der- takings which were performed without a fee. He stated the Co~Attee ~s re~estinG a workshop be established where each subco~ttee can review reco~endations and respond to ~esttons. He said the Oo~lttee ts further requesting a feedback session be established approximately 90 days after the workshop to review accomplishments and d~spos~tton of the recommendations. He ~nd~cated there are about reco~endations ~n the entire project. He said there should be an ongoing cost or productivAty review by taxpayers and suGGested appointments for 3 years with 3 of 9 people changing every year. He sta~ed all County government should be included not only Gouty Manager staff. He reported a further recommendation Is to extend the use of volunteers for real work not only for consultation. He advised other suGGestions are establishing a utility authority and a board of zonfnG appeals. He stated Cowry f~ds should not be applied toward charity and social programs, but toward meetin~ ~rowth m~aGement and other capital infrastructure needs. Finally, he said there are substantial effic~ency and cost reduction opportunities available by more centralization of the 5 separate data processinG centers within ~he County. Co~imsioner Sm~derm ~ed, seconded ~ Co~lsmio~r Page 45 July 31, 1990 c~'rted un~ntmov~ly, to accept th~ Coot control ~d Productivity Zmpro~lm~nt Committee Report and conduct a work~hop on August 22, 1990, at 9:00 A.M. Page 46 July 31, 1990 Item EVEROLADES NATIONAL PARK BOAT TOURSt INC. ,SION TO BE REPLACED Attorney George Vega, representing Everglades National Park Boat Tours, Inc., explained for more than 30 years a sign advertising Everglades National Park Boat Tours has been on the northeast corner of S.R. 29 and U.S. 41. He stated the sign has recently been cut down by vandals and as a result is now non-conforming. County Manager Dorrlll reported staff recommends the sign be replaced as long it is in the same vicinity and the landowner has given his permission, however, there is no provision for staff to administratively approve the request. Co-missioner Shanahan ~oved, seconded by Conlssioner Goodnlght · nd carried unanimously, to allow the sign to be replaced. Item ~8B RESOLUTION ~90-40! CREATING THE LELY COP~UNITY DEVELOPMENT DISTRICT PURSUANT TO F.S. 190 - ADOPTED WITH CONDITIONS Mr. John Agnelli, President of Lely Community Development District, presented a petition for the creation of the Lely Community Development District pursuant to F.S. 190. He stated the property ts located at the northwest corner of C.R. 951 and U.S. 41. Attorney Kenza Van Assenderp, representing Lely Community Development District, explained Florida Statute (F.S.) 190 contains an opportunity for the Board of County Commissioners by resolution to state approval or disapproval of a Community Development District (CDD) or to take no action. He said within F.S. 190 is a Pre-emption Provision, Section 190.004(3), which states that all laws, rules, regulations, ordinances and other special districts, i.e., Collier County Water/Sewer District, apply to the use of the land on which the 190 district would be established for Lely. He stated also contained in that provision is the duty of the Board of County Commissioners not to do anything inconsistent with all laws that apply. In introducing the special powers of this district, he said, it further states that the district board of supervisors shall exercise their powers subject Page 47 July 31, 1990 to all laws, etc. He said this means although the district is tech- nically independent as a special purpose local government, County laws will govern the use of the land. He indicated the benefits to Collier County by creation of the Lely CDD include elimination of problems currently being experienced with homeowners associations; elimination of proliferation of a variety of municipal service taxing units or municipal service benefit units; and an opportunity of partnership between the CDD and Collier County in growth management and con- currency management impacts. He informed a report of the CDD's every- day detailed implementation plans will be sent to the Board of County Commissioners and the Department of Community Affairs and, under the CDD accountability law, Collier County will then have the opportunity to decide whether or not to use and rely on the systems and facilities in the County's capital improvements element. He said another benefit is residents of Lely CDD will pay taxes to the School Board and the County. He stated based upon experience, there is a high propensity of enhanced property values w/thin a CDD which can result in increased revenue for the County. He also said individual property owners will address concerns to the management of Lely and not the Board of County Commissioners regarding taxes and assessments on the CDD. He said under F.S. 190, a Community Development D/strict is the best tool against incorporation of the urban service areas. Assistant County Attorney Lawson reported this is a policy deci- sion embodied in the general law of the State of Florida and the Board's decision will be as advisors to the Governor and his Cabinet. He said in making that decision, the crucial aspect is the creation of an independent special district will divest the County of control for the delivery and management of certain infrastructure related items, i.e., roads, water/sewer, providing it is not inconsistent with the Board's special act, water management, bridges and culverts and the maintenance of roadways. He stated the real issue is whether the benefits being implied by the petitioner are significant. He indi- cated staff's position is the benefits, although available, are not as Page 48 July 31, 1990 significant because they may be pre-existing conditions that need to be met. He referred to discussion regarding Pelican Bay and informed some similarities are important to consider, such as when future control is turned over to the residents of the CDD. He said staff has discussed with the developer the alternative of creating an MSBU ini- tially, then an MSTU to continue management of the facilities with the Board of County Commissioners providing it with dedicated counsel and contract administration. He stated those people would work with the developer but have their allegiance to the Board of County Commissioners. He reported the petitioner has rejected that proposal because they seek control on a long-term basis, or until control is turned over to residents within that newly created government. He added any special taxes or special assessments levied by an indepen- dent district will appear on the tax bills sent to all County resi- dents. He continued the final issue ts creation of CDD's in the urban area. He said if the petition is approved, the question arises whether this will cause a proliferation of small municipalities or a series of CDD's. He concluded staff is not making a recommendation for or against Communi'ty Development Districts, but is ready to assist the Board in either direction. Commissioner Saunders noted three municipal services that would be under the control of the district: water, sewer and Irrigation. He stated, if approved, he would like a statement on the record that water and sewer will be Collier County facilities and Gollier County customers, and in the event the County in the future wants to provide irrigation services, irrigation customers and facilities will be turned over to Collier Gounty upon request and at no cost to the Gounty. Attorney Van Assenderp stated water and sewer powers belong to Gollier County. He added that irrigation power is available to the ODD, not as a utility but under its water management and control power, however, the petitioner agrees to that stipulation. Commissioner Volpe commented the acknowledgments made by the Page 49 July 31, 1990 petitioner should be in the form of an interlocal agreement between the developer and the Board of County Gommtssloners. Mr. Agnellt indicated he is willing to sign such an tnterlocal agreement, to be done as the first order of business by the District. Assistant County Attorney Lawson recommended if the inclination is to approve the petition, the Board should make a supportinG resolution based upon a memorialization of that issue now before the mandatory hearing on September 19, 1990. He said the Commissioners should fully recognize that such an agreement is not legally enforceable but rather is a memoriallzation of the representations by Lely to obtain the sup- port of the Board. He referred to the request by Commissioner Saunders that irrigation services be conveyed to the County upon its request for nominal consideration. He informed for the record nominal consideration means $10.00. Commissioner GoodniGht stated the Development Order, DRI and PUD have all been signed by the Department of Community Affairs, the Regional Planning Council, Lely Development and the Board of County Gommissioners agreeing water and sewer will be part of Collier County Water-Sewer District. She asked if the Development Order would pre- cede the ODD and if so, would that take care of the issue of irriga- tion? Assistant County Attorney Lawson explained the reason for being so specific is Lely is a landowner and is not a government, therefore, is not able to make an agreement in this meeting. He said Mr. Agnelli is stating as the representative of the primary constituent that he will cause this government as its first substantive act, to adopt an interlocal agreement with Collier County. He stated this is the fra- mework of that agreement so there is harmonious interplay between the Water-Sewer District, the County and the CDD. He advised once it is turned over to the residents, there is no guarantee it will continue to be harmonious, but hopefully this will set the track for it. Assistant Gounty Attorney Lawson listed points of emphasis which the petitioner consented to include in a formal agreement. Page §0 July 31, 1990 Co~mlselon~r Saundsre moved, secon~d by ¢olisstoner Volpe and carried unanimously, to express support of the creation of the Lely Co~tty Melopmsnt District pursuant to P.S. 190, thereby R~eolution 90-401 with the condition that mn a~eement is sattsfsc- torily prepared to the County Attorney; this ttea to b~ brcm4lht back as a regular &~endm ttea at least one week prior to the mandatory a~mintstrative hearln~ on September 19, 1990; and the a~ree~ent to include the stipulations consented to in this meetin~ and ltst~t Lely Development Corporation agrees, as the controlling constituent in the future ODD, to cause the CDD government as Its first substantive act to enter into an tnterlocal agreement with Collier County and the Collier County Water-Sewer District which: Confirms the Acknowledgments in Exhibit 7 of the Petition; Specifically acknowledges that the special act creating the Collier County Water-Sewer District and all amend- ments thereto, the Collier County Utilities Standards and Procedures Ordinance, the Collier County Subdivision Regulations, all as amended and their successors in function are "governmental planning, environmental and land development regulation" and will be so recognized in light of any future analysis of Section 190.004(3), Florida Statutes; That all entitles, whether public or private including the CDD, shall and will be obligated to convey, in accordance with standard County procedures, all water and sewer facilities to the County and its Water-Sewer District without cost to the County or the Water-Sewer District, and that any such facilities will not serve as security for any form of financing or bond indebtedness; That the provisions of Section Ig0.046, Florida Statutes, will and shall have no affect concerning the transfer of water and sewer facilities, in accordance with standard County procedures, to the County and its Water-Sewer District; E0 That the special act creating the Collier County Water-Sewer District, Collier County Utilities Standards and Procedures Ordinance, and Collier County's Land Development Regulations, all as amended and their suc- cessors in function, will and shall control over the provisions of Chapter 190, Florida Statutes; and whe- never there is the potential that any of the County's statutes, ordinances or regulations conflict with the provisions of Chapter 190, that the parties will take actions to harmonize the statutes and regulations tn a way that it is advantageous to the concept of providing regional water, sewer, irrigation, and stormwater mana- gement services and facilities by County or the County's Water-Sewer District. Fo That if irrigation or dual water facilities are imple- mented within the CDD, the facilities and operation Page 51 July 31, 1990 thereof will be conveyed to the County for its Water-Sewer District for the nominal consideration of $10.00 at such time as the County so requests and embarks upon and is able to provide irrigation services to individual residential and non-residential proper- ties. The Petitioner will notify all third party purchasers of land so they are aware of the agreements made today and the tnterlocal agreement in the future. Tape Commissioner Saunders communicated his desire to reserve the right of the Board of County Commissioners to appoint a member to the Board of Supervisors of the Lely Co~munity Development District. General discussion of this subject ensued with no action taken. County Attorney Cuyler recognized Assistant County Attorney Mark Lawson before the Board for his tremendous efforts on this project. This item was brought back to the BCC on September 11, 1990, at which time a resolution was adopted, therefore, there will be no resolution for this date. Page 52 July 31, 1990 Item ~gD1 GARIGA TANK MATE~ LINE CONSTRUCTION TEMPORARY LICENSE A~]~EMENT - APPROVED Fred Bloetscher, Assistant Utilities Administrator, explained current access to the Carica Tank site is not in the path of construc- tion and this temporary license will provide permission to complete construction of the project. He ~ndicated t~tle problems with the easement will be resolved by the Barton Gollier Group within the next two weeks. Co~aiss~oner Shanahan ~oved, saconded by Co~s~oner Goo~n~ght and c&rr~ad unaniBously, ~o authorize the Chairman to execute the license an~ easement. Page 53 July 31, 1990 se, Depu%'~ Clerk Beech replaced Deput~ Clerk ~u~vin at this tim *'' Item #PH1 CON~AOT WITH QUALTEC, INC. FOR QUALITY IMPROVEMENT PROCESS - APPrOVeD Quality Improvement Coordinator Gotham advised that Qualtec, Inc., is the quality services subsidiary of FP&L Group. He reported that there are 11 Jurisdictions in Florida that have a comprehensive quality improvement process in the public sector. He indicated that Palm Beach, Pinellas, Sarasota and Volusia Counties are contractors with Qualtec and have in place the FPL process that Staff is recom- mending. Mr. Gorham stated that Purchasing Director Carnell went through various professional services to determine which programs are available, and found that the FP&L program is extremely unique. He indicated that the Giran Institute, Philip Crosby Co., QCI International and FP&L are all marketing quality improvement pro- cesses, but many of these fell short. He explained that because of the low cost of the FP&L program, its focus on several theories and techniques, and its adaptability to Collier County's organization, Staff found this to be a totally unique program. Mr. Gotham explained that Qualtec, Inc. will provide al/ of the information, training, tools, planning and the necessary development for the process, and will assist in the development of a long term implementation plan. He stated that the process will be set up in four phases, noting that the first phase, Investigation and Planning, is fairly complete. He indicated that the second phase is Systems Structure and Development which will be followed by orientation and training, and then quality improvement teams deployment will begin. He related that it is desired that a pilot program be set up to make any necessary adjustments in the process, before the program is opened up to all divisions. Mr. Gotham stated that the contract is basically a material licensing agreement which permits Collier County to use the program materials for §0 years. He pointed out that the second portion of the Page §4 July 31, 1990 contract is for 2 years of services at fixed prices. He indicated that Staff is recommending approval of the contract in the amount of $4,600 for developmental work for the current fiscal year; and appropriations in the amount of $44,100 are required for FY 90-91 for the training of the County Manager's Staff, Management Office Directors, and the Division Administrators who will then train 20 team leaders and 10 team facilitators will set up lead teams. He noted that during the second year of the contract, County personnel will be trained to take over the instruction and management of the program. Commissioner Saunders explained that this may be an excellent program, but unfortunately, there will be upcoming budget problems within the next 2 weeks, and he does not feel that the County can com- mit to fund this program until determination is made on the budget cuts that will need to be sustained. He indicated that he does not believe that this is the appropriate time to consider this program, since the Commission has taken the position that the budget will be cut substantially. Commissioner Volpe remarked that he has reservations about com- mitting to this expenditure in the 1990-91 budget. He recalled that during the budget workshops, Staff reduced their travel budgets in a trade-off effort to be able to obtain this type of in service training, which over the long term, will be cost efficient and will result in cost savings. Co~missioner Shanahan suggested that considerations be given to the program, noting that the time has come to find ways to improve the productivity of every County employee. He indicated that he fully understands the budget constraints, but believes that this is the best place to spend the money. Commissioner Goodnight stated that this item was not "red tagged" during the budget workshops, and the Commission seemed to concur that this program should be left in the budget. She explained that the point is, that there is a budget crunch, and the intent is to save money and that employees become more productive. She revealed that Page 55 July 31, 1990 she believes that the $44,100 is certainly a good investment to bring additional money into the County by saving it in the future. Commissioner Hasse related that he feels that the money that will be spent for this program will return itself many times over in the very near future, and will teach the employees economy and the proper use of their time and energies. County Manager Dorrill reminded the Commission that this will be the only training focus for next year, noting that the Citizens Productivity Committee reviewed the program and recommend same as part of their report to the Commission. Commissioner Volpe indicated that he provided County Manager Dorrill with the General Motors Employee Suggestion Plan which is a spin off of the subject program. County Manager Dorrill stated that this has been discussed, and there is an excellent opportunity, as part of this program, to incorporate an incentive program that is con- tained in the GM model. Contssioner Shanahan ~oved, seconded b~ Co~missioner Goodnl~ht ~nd carried 4/1, (Conisstoner Saundsrs opposed), to waive the petttive selection process, ~nd authorize a contract for quality l~rovssent process training and ~aterial licsnsurs with Qualtec, Inc. Page 56 Item ~9H2 iUI~t~RY OF TENTATIVH MILLAGE RATES - APPROVED July 31, 1990 Budget and Management Director McNees advised that on July 24, 1990, the Commission took action that the General Fund and the MSTD General Fund increases over the rollback tax rate be capped at 14%. He recalled that the millage numbers were calculated at that time, but he informed the Commission that they may not bs exactly precise. He indicated that after a review of the budget si~readsheets, it was determined that the actual MSTD General Fund increase was only 5.4~, and Staff did not believe that the Board's direction was to increase this to 14%. He related that in order for the proper millage to be legally adopted, this item is being presented so that the correct millage may be adopted rather than arbitrarily increasing it to i4%. In addition, he stated that the millage for two small Lighting Districts which are new this year, were calculated in the aggregate tax rate, but were inadvertently omitted from the detail, and they have been added so that they may be adopted. Sheriff's Office Finance Director Blankenship, stated that she requested that this item be removed from the consent agenda and discussed on the regular agenda. She explained that she has reviewed the Sheriff's budget and has identified areas which will result in compromises in order for the budget to be cut. She indicated that there are some MSTD funds which may need to be pulled from the General Fund, and the 5.4~ cap would not allow the transfer or adjustment for some of the other items. She called attention to the fact that by limiting the General Fund to 14%, only those funds as identified on Page 35 of the tentative budget can be cut, and these are primarily Emergency Services, EMS, Parks and Recreation, Museum, and the Sheriff's Office, as well as the Board and County Manager's Administrative Offices. She requested that the Commission reconsider capping at something higher than the 14~ which would give the Sheriff some leeway to work further with the County Manager. Commissioner Saunders stated that when discussions were held with Page 57 July 31, 1990 regard to the tentative millage last week, he voted against the cap which was imposed since he believed that the budget hearings needed to be held prior to making the arbitrary ceiling which was imposed. He indicated that this is the last opportunity to consider the cap on the increase in the General Fund, and would give the Commission some flexibility. In answer to Commissioner Volpe, Mrs. Blankenship stated that she is recommending a 20% cap, which would allow some flexibility. Oommisstoner Saunders indicated that once the tentative millage is set, the cap is set on the number of dollars that can be received from ad valorem taxes from the Sheriff's Office and other services. He remarked that if the cap is set too low, the Sheriff needs to be told to cut back in the level of service or the County Manager's budget will need to be raided to prevent the layoff of road patrol officers. County Manager Dorrtll stated that he is hopeful that the Sheriff will work with him to apply some of the same techniques that his agency did to reduce the numbers in force for administrative and non- essential people, and cut back on out of Gounty travel, the number of vehicles that the deputies take home, and the number of training programs. He related that for the Commission to indicate that the General Fund will be set at a 14~ revenue increase over the preceding year, and then raise it to 20~ the following week, sends a wrong signal. Mrs. Blankenshtp advised that last year, over $90,000 was saved by decertifying positions, and filling those positions with non-certified officers. Commiee~oner Shanahan moved, seconded by Com--ieeloner Ooodnight and cm~ried unaniBonsly, that the Tenta~ive Millage ~tms, ~~t to the ~d of Co~ Co~iss~oners direction of July 24, 1990, ~ Page 58 2u1¥ 3~, 1990 SKTTLEMENT AND R~LEASE AGREEMENT RE LITIGATION CASK OF SUB~AY OF MARCO ISLAND~ INC., V. BOARD OF COUNT~ COMMISSIONERS - APPROVED County Attorney Cuyler advised that this item relates to a lawsuit which is in progress, and he is recommending that the Gommission enter into a Settlement and Release Agreement in the matter of Subway of Marco Island, Inc., v. Board of County Commissioners. He indicated that this situation began in 1987, wherein Subway applied for a building permit for renovations which was granted and a Certificate of Occupany was issued. He stated that when an Occupational License was applied for at a later date, it was determined that there was insuf- ficient parking and the License was denied, and the lawsuit ensued. Gounty Attorney Cuyler requested that the subject agreement be entered into by the Board of County Commissioners. In answer to Commissioner Shanahan, County Attorney Cuyler advised that the agreement runs only to the Plaintiff, and expires when that lease expires. Co~misstoner Shanahan ~oved, ~econded by Conlsstoner Volpe and carried unant~ousl¥, to approve the Settlement and Release Agreement ~n the matter known as Subway of Marco Island, Inc. v. Board of County Conlss~oners. Page 59 July 31, 1990 Item #11A2 BUDGET AMENI~E~T$ 90-263/264 - ADOPTED Commissioner Sbmnahmn mo~ed, second, ed t~ Commissioner Vol$~ carried v~.ntmo'~sly, that B~Get Amenc%mente 90-263/264 be Item ~11A3 BUDGET AM~Di~f R~SOLUTION 90-23 - &DOPT~D Commissioner Shanahan moved, seconded by Commissioner Volpe and carried unanimously, that Budget Amendment Resolution 90-23 be adopted. Page 60 ~uly 3~ 1990 COOFER~S & LYBRAIqD SE.L~CTED AS PUBLIC ACCOUNTING FIRM FOR COLLIER COUNTY FOR 2 Y~kRS~ WITH OPTION FOR 1 'FEAR [~N~'~IAL - APPROVED Clerk Giles stated that the County's auditing contract with Coopers & Lybrand has expired. He advised that a request for propo- sals for auditing services was advertised on June 10, 1990. He explained that Florida Statutes require that an Auditor Selection Committee be formed to review the qualifications of the firms sub- mitting proposals. Clerk Giles reported that the Auditor Selection Committee comprised of each constitutional officer, and Commissioner Volpe, reviewed factors as prescribed in the Statutes, i.e. experience, willingness to meet time requirements, location, workloads, etc. He noted that each firm was ranked, based on those factors: Coopers & Lybrand was first; Peat Marwick is second; Ernst & Young is third; and Deloitte & Touche is fourth. He pointed out that 3 of the members ranked Coopers & Lybrand first, and 3 of the members ranked Peat Marwick first, and the Committee is recommending that the Commission accept or amend the ranking of the public accounting firms and authorize the Finance Director and the County Attorney to negotiate a ! year contract, with an option for the County to renew for each of 2 additional years, with the first ranked firm for future presentation to and approval by the Board of County Commissioners. In answer to Commissioner Goodnight, Mr. Giles advised that it was the belief of the Committee that the contract should be for a 1 year period, so that the work of the auditors could be evaluated with a recommendation to the Board each year as whether the contract should be renewed for an additional year. Commissioner Volpe stated that 4 very capable firms made presen- tations, and the first two firms were very close in their rankings. He noted that typically, the top 3 firms submit their presentations to the Commission. Clerk Giles stated that in the past, the firms were submitted Page 61 July 31, ~990 unranked to the Board, but this presents a problem, in that the selec- tion committee reads the proposals of each of the firms, and inter- views each of them individually. He indicated that the committee felt it was unfair to come to the Commission, without presenting the results of their work, and then leaving the final determination up to the Board during a meeting. He explained that the Commission has the discretion to accept or change the rankings of the committee. In answer to Commissioner Volpe, Glerk Giles stated that he believes that both of the top ranked firms are very good CPA firms, noting that he felt that Peat Marwick was more qualified with the people that they had assigned to Gollier County, but he also has had a very good working relationship with Coopers & Lybrand. Commissioner Saunders ~oved, ~econded b~ Commissioner Goodntght to direct Staff to negotiate a contract with Coopers & Lybrand for a 3 year contract. Clerk Giles stated that the Committee has recommended a i year contract with an option to renew for each of the 2 additional years. Commissioner Saunders amended his motion to authorize Staff to negotiate a 2 year contract with Coopers & Lybrand, with the option to renew for 1 year. Commissioner Goodnight accepted the amendment. Commissioner Volpe reported that one of the things that was deter- mined during the interview process was that in order to maintain the integrity and independence, it is best to periodically change the auditors, even though they are qualified, noting that Coopers & Lybrand has had a contract with the Co%'.nty for the past 3 years. Commissioner Goodnight declared that she feels that Coopers & Lybrand has done an excellent Job in working for the Board of County Commissioners, and suggested that they be put on notice that at the end of the three years, the Commission will be seeking another firm. Upon call for the question, the motion carried unani~ly. Item #/lA ~ESOLUTIOH 90-402 APPOINTING ZA~ MAYO GLODICH, EDWARD 0AT, S, D~NXSE COL~AA~, ~ULIA LOHGWELL A~D DORCA~ HO#AA~D TO THE CITXZ~HS ADVISORY TASX FORCE FOR THE SMALL GXTIES CO~4UNITY DEVELOPMENT BLOCX GRART Page 62 July 31, 1990 Administrative Assistant to the Board of County Commissioners Filson stated that the Gittzens Advisory Task Force was established on July 24, 1990. She indicated that this item is a request for appoint- ments to that committee. Co~ieelon~r Sh~z~b~n ]l~OVed, seconded ~ Co~io~ G~~ a~intl~ ~ ~yo Gl~ch, E~rd Oates, ~n~ Coles, Julia ~11 ~ ~rcu H~d to the Citize~ ~t~ T~k Force For ~ SMll Cities Co~iW ~lo~t Block ~r~t ~~, t~, ~op~lng ~lution 90-402. P&ge 63 $U1¥ 31, 1990 Item ~13A TR&~SFER OF $39,000 FROM GE]I*~RAL ~ RESK*RV~S FOR L~.A~E P&Y/vl]~*NT8 ~OR THE SHKRIF]'*$ OleleZCE - APPROVED Sheriff's Office Finance Director Blankenship stated that the Commission previously approved these leases, but the budgetary funds need to be allocated for a budget amendment. Co~atestoner Shanahan moved, seconded by Contsetoner Saundera and c~rried unanimously, to approve the budget amendment providing funds for pmyments on existing leuea. Item #13B TRANSFER OF $5,000 FOR PURCHASE OF E-911 SYST]~ EQUIPMENT FOR DATABASE UPDATE AND R~CORD ~EPING FOR THE SHERIFF'S OFFICE - APPROVED Commissioner Shanahan moved, seconded by Commissioner Saunders and c~rrled unanimously, to a~rove the ~et ~~nt providing ~ for the ~c~ of E-911S~tea ~l~n~ for ~tm~ ~te ~d ~cord ~ln~. Item I130 ~O~CT O~~ ZNC~ AG~~ ~ ~ ~U 0F P~LIC ~ ~G~ - ~O~D Commissioner Shanahan moved, seconded by Co~testoner Volpe and c~rrted unanimously, to approve the Project Generated incom Agreemnt from the Bureau of Public Safety Management. [] 0P ,, 177 Page 64 July 31, ~990 Conteetoner Goodntght ~oved, seconded by Contsetoner Volp~ and carried unanimously, that the following tteu under the Consent A~enda be approved and or adopted: 0** Item #14A1 FINAL PLAT OF "EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONe" - APPROVED WITH STIPULATIONS Accept the Construction/Maintenance/Escrow Agreement as security to guaranteed ccmpletion of the Subdivision improvements. Authorize the recording of the final plat of "Embassy Woods Golf and Country Club at Breton Park, Phase One". 3o Authorize the Chairman to execute the Construction/Maintenance/Escrow Agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. That minor technical aspects on the plat be resolved to the satisfaction of the County Project Review Services prior to plat recording. Item ,14A2 FINAL PLAT OF "SAPPHIRE LAKESr UNIT 0N~" - WITH STIPULATIONS That the final plat not be recorded until the required impro- vements have been constructed and accepted or until approved security is received for the incompleted improvements 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. That no building permits be issued until the final plat is recorded. Item 914A3 CO[~INITY DEVELOPMENT BLOCK GRANT '90DB-49-O9-21-01-H05 FUNDS IN THE AMOUNT OF $400,848.82 TO BE USKD FOR BID 90-1540, COLLIER VILLAGE PUD INFRASTRUCTURE Item 914A4 THIRD AMENDMENT TO THE C0RTRACT BETWEEN ICARD, MERRILL, CULLXS, Tim, FUREN & GINSBURG, P.A. AND COLLIER COUNTY IN THE AMOUNT OF $56,070 FOR ADDITIONAL WORE RE ZONING REEVALUATION AND ADEQUATE PUBLIC FACILITIES Op. DINANCES Item ~14B1 LIMITED USE LICENSE AQREEM~NT BETWEEN COLLIER COUNTY AND THH SOUTH FLORIDA SPORTS CAR ASSOCIATION, INC. 0 FOR TH~ USE OF THE IMMOKALEE AIRPORT ON AUGUST 11 a 12r 1990 FOR AUTO CROSS ~ LO~ SPEED RACES Page 65 31, 1990 Item #1LB2 ACCEPTANCE OF COMPLETED SIDEMALK IMPROVEMENTS AT SIX LOCATIONS AND FINAL PAYMENT TO BETTER ROADS~ INC. Item ~14B3 COMPETITIVE BIDDING PROCEDURE WAIVED; C0]~fRACT TO INSlTUFOR~ SOUTHEAST, INC., FOR STORM DRAIN REPAIRS ON MARCO ISLAND IN AN AMOUNT NOT TO EXCEED $38~000 See Pages NOTEc Document not receiYedin Clerk to Board or,ice. Item #1401 CONTRACT WITH HItS FOR PROVISION OF FUNDS FROM THE STATE LEGALIZED ALIEN ASSISTANCE GRANT IN TH~ AMOUNT OF $35r413 See Pages ~ ~ ~" ~ Item #14D1 Deleted Ite! ~14D2 Deleted Item 914D3 Moved to 9D1 Item ~14E1 BID ~90-1524 FOR PRINTING AND PROCESSING SERVICES FOR COLLIER COUNTY QUARTERLY REPORT - REJECTED Item #14E2 RESOLUTION 90-403 ESTABLISHING THE CO*~T~NICATIONS MANAGER PAY PLAN TITLE Item #14E3 See Pages STATUTORY DEED GRANTING AVATAR PROPERTIES INC. A 2.73 ACRE PARCEL IN UNIT NO. 42 AND ACCEPTANCE OF SPECIAL WARRANTY DEED AND REVERTER DISCHARGE & RELEASE FROM AVATAR PROPERTIES GRANTING COLLIER COUNTY A 2.98 ACRE PARCEL IN UNIT NO. 172 Item #14E4 See Pages LEASE AGREEMENT BETI4EEN COLLIER COUNTY AND MARSTEN/THG MODULAR LEASING CORPORATION FOR CONTINUED USE OF A TRAILER FOR THE SHERIFF tS OFFICE PHYSICAL FITNESS CENTER IN THE AMOUNT OF $?,800 Item ~14F1 MEMORANDUM OF UNDERSTANDING BKTMKKN THE OCHOPKE FIRE CONTROL DISTRICT AND THE NATIONAL PARE SERVICE See Pages AUTHORIZATION FOR NEGOTIATIONS FOR CONTRACTS TO PROVIDE RECYCLING/VOLUME REDUCTION SERVICES OF WASTE MATERIALS AT THE NAPLES LANDFILL WITH N.R. ASSOCIATES AND TIREGON PURSUANT TO RFP 90-1545 July 31, 1990 Item ~14G2 ACCEPTANCE OF EASEMENT FROM MR. LAktRENCE BATIK FOR CANAL WIDENING AND MAINTenAnCE ALONG TH~ NORTHEP, N BOUNDARY OF U.S. 41 FOR ~ SAN MARCO PARK PROJECT See Pages Item ,14H1 AUTHORIZATION FOR ACQUISITION OF A TAll ANTICIPATION NOTE IN THE AMOUNT OF 817,000 TO PROVIDE FOR COMPLETION OF LANDSCAPING IMPROVEMENTS IN THE LELY GOLF ESTATES BEAUTIFICATION MSTU DURING FY 90/91 Item ,14H2 P~ECORDING OF PLAT OF TH~ ~ROSION CONTROL LINE FOR ~ MARCO ISLAND BEACH NOURISHMENT PROJECT Item ~14H3 Moved to 9H2 Item #14J1 C~RTIFICATES OF CORP~ECTION TO THE TAX ROLLS 1989 TANGIBLE PERSOHAL PROPERTY No's. 142 - 144 Dated 07/19/90 Item ~14J2 EETRA GAIN TIM~ FOR INMATE NO'S. 15085, 53001, 50131, 44749, 57104, 66616r 33796~ 40555~ 60064~ 53663, ~7073r 61387 AND 64800 Item #14J3 SATISFACTION OF LIKNS FOR SKRVICES PROVIDKD BY TIiX PUBLIC DKFKNDKR Item #14K1 SATISFACTION OF LIKNS FOR ABATEMENTS OF NUISANCE FOR ED%lARD J. PELC AND LAVAERDA L. PELC, GOLDEN GATE UNIT 7, BLOCK 240, LOT 36; DANIEL CHOMERKAU-LAMOTTE AND RENKE CHOMEREAU-LAMOTTE, MARCO BEACH UNIT 2, BLOCK 64, LOT 17; DANIEL CHOM~REAU-LAMOTTE AND RENEE CHOMER~AU-I~%MOTTE, MARCO BEACH UNIT 2, BLOCK 64, LOT 17; LLOYD K. MYERS AND MARJORIE M. MYERS, MARCO BEACH UNIT 10, BLOCK 326, LOT 3; EDWARD K. SABA AND RENE J. SABAe NAPLES MANOR ANNEXe BLOCK 9, LOT 20 See Pages --~3 -- ~~ Item #14J MISCELLAneOUS CORR~SPONUENCE - FILED AND/OR REFERP~ED The following miscellaneous correspondence was flied and/or referred to the various departments as indicated below: CC to Chairman Hasse of a letter dated 6/21/90 from Russell L. Shreeve, Jr., to Mr. Michael W. Mitchell, Assisted Housing Management Branch U.S. Department of Housing and Urban Development, re revised Administrative Plan for the Section 8 Certificate and Voucher Programs. xc: Filed. 2 0 Letter dated 7/17/90 to Chairman from Mann G. Davis, Acting Chief, Planning Division, Department of the Army Corps of Page 67 1 lO. ll. 12. 13. Engineers, re feasibility of developing a model of the South Central Florida Hydrologic Ecosystem. xc: Fi2ed. D[r~etor, ~lanta Regional Oen~um Center, Bureau o~ the Census. xc: ~/maps to Tom ~Dan~el ~nO ~d, Undated letter to Eleoted and Appointed Ot lclale and ~nterosted Citizens ~rom Thomas O, ?~lham~ Socret~r¥~ Department o~ OommuniW A~airs, re assisting local govern- ments with the cost of preparing or revising a comprehensive land development code. xc: Nell Dorrill, Frank Brutt, Stan Litsinger and filed. Letter dated July 5, 1990, to Chairman Hasse, from Robert O. DCA, re Contract #90-CA-20-09-~1-01-§09. xc: Neil Dorrill, Start Lttsinger and filed. Memo dated 7/16/90 to Interested Parties from Don W. Berryhill P.E., Chief, Bureau of Local Government Wastewater Financial Assistance, DER, re SRF Intended Use Plan Meeting. xc: Neil Dorrill, Frank Brutt, Bill Lorenz and filed. Memo dated 7/11/90 to Florida Board of County Commissioners Chairman, from Gloria Woods, Health Services and Facilities Consultant, Emergency Medical Services, Department of Health and Rehabilitative Services, re EMS County Grant Expenditure Report. xc: Neil Dorrill, Jay Reardon and filed. Letter dated 7/13/90 to Potential Participant from O. Oreg Brock, Ph.D, Environmental Administrator, Land Acquisition Planning, DNR, extending invitation for local governments to attend informal meeting 7/27/90 in Wakulla Springs Conference Center. xc: Neil Dorrill, Bill Lorenz, Frank Brutt and filed. Memo dated 7/16/90 to Interested Parties from Don Gerteisen, Chief, Bureau of Local Recreation Services, Division of Recreation and Parks, DNR, re Request for Public Comment - Revisions to the Florida Recreation Development Assistance Program/Land and Water Conservation Fund Program. xc: Nell Dorrtll, Kevin O'Donnell and filed. Memo dated 7/12/90 to Interested Parties from Don Gerteisen, Chief, Bureau of Local Recreation Services, Division of Recreation and Parks, re Request for Public Comment - Revisions to the Florida Recreation Development Assistance Program/Land and Water Conservation Fund Program. xc: Nell Dorrill, Frank Brutt, Bill Lorenz, Kevin O'Donnell and filed. Letter dated ?/9/90 to BCC from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, DNR, re File #C0-266, Applicant: Sun Bank of Lee County, Trustee/Checker Oil Company. xc: Neil Dorrtll, Frank Brutt, Bill Lorenz and filed. Copy of letter to BCC addressed to Sam Colding, Property Appraiser, dated 7/10/90, re review of budget request for the operation of the Appraiser's office, xc: BCC, Mike McNees and filed. Minutes Received and Filed: Golden Gate Parkway Beautification agenda for 8/14/90 and minutes of 6/12/90. Page 68 3uly 31, 1990 Homeless Advisory Committee agenda of 7/18/90 and minu- tes of 6/13/90. Marco Island Beautification Advisory Committee minutes of 7/10/90. Metropolitan Planning Organization agenda for 7/5/90. Parks and Recreation Notice of Cancellation for the 7/17/90 meeting. F. Water Management Advisory Board agenda for 7/11/90. 14. Notice of Public Hearing from the Land Acquisition Advisory Council, inviting interested parties to a meeting 7/20/90 in Tallahassee. xc: Neil Dorrill, Frank Brutt, Bill Lorenz and filed. 15. Notice to Owner dated 7/17/90 for Collier County Project #560, from Olsen Precast, Inc., advising that they have fur- nished services or materials under an order given by T & S Utilities, Inc. xc: Neil Dorrill, Steve Carnell, John Yonkosky and fi/ed. 16. Notice to Owner undated, re County Road 951 - 4 Lane Project #§60, from Tarmac of Florida, Inc., advising that they have furnished concrete and other related materials under an order given by Vaughn Coy General Contractor, Inc. xc: Nell Dorrtll, Steve Carnell, John Yonkosk¥ and filed. 17. Notice to Owner dated 7/10/90 re Government Center Water and Sewer Improvement, Phase I, from E/lie K. Phelps Co., Inc., advising that they have furnished lift station equipment, pumps, covers and control panels, under an order given by Rocket Industries. xc: Neil Dorrill, Steve Carnell, John Yonkosky and filed. 18. 19. Notice to Owner dated 7/18/90 re Naples Transit Site/Land Clearing Project, from Florida Contractor Rental a Sales, Inc., advising that they have furnished equipment rental and supplies, under an order given by Basic Water Systems. xc: Neil Dorrill, Steve Carnell, John Yonkosky and filed. Notice of Commission Service Hearings to All Parties and All Other Interested Persons, from the Florida Public Service Commission, re Docket #891239-TL, issued 7/13/90. xc: Neil Dorrill and filed. 20. Public Service Commission Application for rate increase, re Southern States Utilities, Inc., Deltona Utilities, Inc., United Florida Utilities Corp., docket #900329-WS, filed 7/13/90. xc: Neil Dorrill, Mark Lawson, Mike Arnold and filed. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 6:00 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL Page 69 .: ~eee ,approved by the Board on ~'~"~Z~"/ or as corrected July 31, 1990 Page 70