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BCC Minutes 12/18/1990 R Naples, Florida, December 18, 1990 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning "i Appeals and as the governing board(s) of such special districts as ~ have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN VICE-CHAIRMAN Max A. Hasse, Jr. Michael J. Volpe Richard S. Shanahan Burr L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Ellis Hoffman, Wanda Arrighi and Annette Guevln, Deputy Clerks; Neil Dorrlll, County Manager; Ron McLemore, Assistant County Manager; Tom Olliff, Assistant to the County Manager; Ken ¢:uyler, y Attorney; Ramiro Manalich and Brenda Wilson, Assistant County ~: :,,Attorneys; George Archibald, Transportation Services Administrator; ~{:Frank Brutt, Community Development Services Administrator; Tom Conrecode, Office of Capital Projects Management Director; Ken Baginskt, Planning Services Manager; Ray Bellows, Barbara Cacchione, Bill Laverty, Robert Lord, Bryan Milk, Bob Mulhere, Ron N/no, Sam Saadeh, and Phillip Scheff Planners; Jay Reardon, Emergency Services :~. Administrator; Sue Fllson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page December 18, 1990 Co~tseloner Shanahan moved, seconded by Commissioner (3oodntght cml-~ied ul3mnimously, that the agenda and consent agent! be with the followin~ changes: Item #5D - Proclamation - Frances Pew Hayes Day - Added Item #6C5A - Adoption of a resolution ordering and calling a referendum election to be held on April 23, 1991 in the Vanderbtlt Beach Area Beautification Municipal Se]:vice Taxing Unit. (Companion to Item 6C5) - Added (Requested by Staff). ' 11. Item #6C6A - Adoption of a resolution ordering and calling a referendum election be held on April 23, 1991 in the Vanderbilt Beach Area Street Lighting Municipal Service Taxing Unit. (Companion to Item 6C6) - Added (Requested by Staff). Item #9A3 - Water and Sewer Facilities Acceptance for 951 Commerce Center - Added. (Requested by Staff). Item #9A4 - Discussion to set public hearing dates for Growth Management Plan Amendments - Added. (Requested by Staff). Item #9A5 - Recommendation to approve the final plant of Wyntree - Added. (Requested by Petitioner). Item #6C7 - Public Hearing to consider adoption of an ordi- nance amending Ordinance No. 81-94, as amended, for the Pine Ridge Industrial Park Municipal Service Taxing and Benefit Unit. - Continued to 1/15/91. (Requested by Staff). Item #14B5 - Status Report on the Consultant Selection Process for the Immokalee Airport Improvements, including a recommendation to approve negotiated fees for road and uti- lity design services by Klmley-Horn & Assoc., Inc. - Continued. (Requested by Staff). Item #14C5 - Recommendation to have the Board approve the attached budget amendment transferring funds within Fund 345 and Fund 362. - Continued. (Requested by Staff). Item #14F1 - Request Board to authorize Chairman to sign Area Fire Department Interlocal Agreements for continuation of the Semi-Automatic Defibrillator Program - Continued. (Requested by Staff). Item #14H5 Moved to 9H8 - Recommendation to award a contract to provide eucalyptus mulch for landscape maintenance during FY 90/91. (Renewal of Bid No. 88-1333). (Requested by Commissioner Saunders). Item #14E3 Moved to 9E2 - Recommendation to approve budget amendment re-allocating funds for 800 MHZ Radio System. (Requested by Commissioner Volpe). Item #10A - Recommendation that the Board consider whether Collier County should enact an ordinance re sexually oriented businesses - To Be'heard at 1~:00 A.M. (Requested by County Attorney). Page 2 December ~8, 1990 ~;' MI $ OF OCTOBER 30 1990 WORKSHOP - APPROVED AS PRESENTED Co~ieatoner Shanahan ~oved, eeconded b~ Commissioner Saundere and carried unantaouely, to approve the Minutes of the October 30, 1990 ~ork~hop, a~ presented. Xte~ #SA PRO~%MATION RECOGNIZING JAN BR~NNETT, EXTENSION HOME ECONOMICS AGENT, FOR ~ NINNING ENTRY IN THE IMPACT 2000 COMPETITION BY THE UNITED STATES DEPARTMENT OF AGRICULTURE -__A~PTED Upon reading of the proclamation, Commissioner Goodntght moved, .S¢cmd~d by Commissioner Volpe ~nd carried unanimously that the Proclamation reco~ntztn9 Jan B~nnstt, ~xtenston Home Economics A~ent, ~o~ b~r ~tnntn~ entry In the Impact 2000 Coap~tltton by th~ United States Department of Agriculture, be adopted. Page 3 ~!:.D~:q.,O~'EE SERVICE AWARDS - PReSENTeD Commissioner Hasse presented service awards to the following Collier County employees: :?' . James A. Eliopoulos - Road and Bridge - 5 Years :~" Judith S. Jaeger - Public Affairs 5 Years Alamar Adorns - Customer Service Agent - 5 years (Not Present) Nancy L. Steele - Uttl./Wastewater Admin. - 5 years (Not Present) ):: Ite~ _E~. Q~NU~ MEDICAL SERVICES "PHOENIX AWARDS" - PRES~'SD Commissioner Hasse stated that Collier County is fortunate to have its experienced EMS group. He reported the following situation which ~ recently took place: At 5 A.M the paramedics responded to the home of a gentleman who was experiencing severe shortness of breath and ?.:life support treatment began, but suddenly the man died He explained that the paramedics administered rapid defibrillation and cardiac medications, arriving at the hospital 20 minutes later with man awake and oriented. He advised that the man who lived through ithis experience and was successfully revived is Mr Ralph Craig who will present the Phoenix Awards to the paramedics. Mr. Ralph Craig presented Phoenix Awards to the following: Gary Leshlnsky Eric Watson Cheryl Wilson Anne Hare Theryl Hamilton Jeff Page Melita Beakbane Steve Rockey Walter Kopka Sandra Renne' ;~' ' Thomas White The following paramedics also received Phoenix Awards but were not )resent: .. . :-Erin Summers Monica Smith (' ..Fra/lk Surtano Doug Cameron ~ R~cky Garcia Xte~ #SD F~'~,AMATION D~$I(~NATING DRCEMBER 18, 1990 AS "FRANCES ]-'EW HAYES DAY" Upon reading of the proclamation by Commissioner Hasse, r Volpe ~oved, seconded by Commissioner Saunders and unanX~ousl¥, that the Proclamation designating ~cember 18, Page 4 Decembol. 18, ~1990 :X~O mm "l~rm~cem Pew H&¥mo DaY'~ i~e &dop~ed. Ms. Karen Bartlett accepted ~he proclamation on behal~ o~ Mrs. Hayes. She advised that Mrs. Hayes is busy putting the final touches on her Teddy Bear Museum, and has extended an invitation for everyone to visit the museum, free of charge, for the next six months. '15 Page December 18, [990 ~: ' ORDINAN~ 90-106, R~ PETITION PDA-90-8, BARBARA HENDERSON CAWL~Y OF · ';': ~LSON, MILLER, ~TON & PEEK, INC., REP~SE~ING ROY~ ~CO D~O~S, ~Q~STING ~~S TO HID~WAY B~CH PUD LOCATED IN ~:,' ~ NOR~ST CO~ OF ~CO IS~ BE~EN BIG ~CO PASS ~ [~[. COLLI~ BAY - ~PTED SUB--CT TO ~E RECOrdATIONS OF ~E CCPC Legal notice having been published in the Naples Dally News on :, November 29, 1990, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened to consider Petition PDA-90-8, Me. Barbara Henderson Cawley of Wilson, Miller, Barton a Peek, Inc., representing Royal Marco Developments Inc requesting amendments to the Hideaway Beach PUD. Planer Lord stated that the petitioner is ~equesttn9 mod/fica- .~. tions to the Hideaway Beach PUD to include two family or duplex dwelling units; to change the spacing between principal and accessory ,'~ s~ructures, and to allow screen enclosures to be set back the same diet,ce as accessory structures. }" Mr. Lord advised that the current PUD allows a mid-rise, ?-story condominium building with attendant parking. He noted that the ;'}~.~amen~ent would broaden the potential uses on the site to permit low- .~+.rtse duplex units. He indicated that the amendment includes lan~age to chugs the setbacks between the /ow-rise buildings to 30' instead ~.of the 60~ now required for the mid-rise structures. ~ Plier Lord reported that the site ts currently vacant land within the Hideaway Beach Planned Unit Development. He p]~ovlded the ' fo/lowing surrounding land use and zoning: to the north, east and ;~[%~,~w~st are the open waters of the Big Marco Pass and Collie]. Bay; two seven story buildings a~e located to the south, and one seven story ~',,bulldtng Is located immediately to the east. Co~tssioner Vol~e noted that there is a potential tn the reduc- -tton of density from 139 units to 30 dwellln9 units. ,'.~ Mr. Lord stated that the proposed amendment ts consistent with the ~surro~dtnG land uses and the Growth Management Plan He related that '/there will be no additional traffic impacts associated with the amend- ~'/ment. He Indicated that staff ts of the opinion that the requested ' 000 17 Pag. , Decembe~ ~8, ~990 changes will not impact the intent of the original PUD or the j e~lrroundtng properties. He explained that all conditions and develop- 3unt regulations in the original PUD document shall be in effect with irespect to this request. ' ~ Planner Lord remarked that the Collier County Planning Commission held their public hearing on November 15 1990, and forwarded a recom- i~endation of conditional approval. He requested that the Commission ..~-.approve this petition, subject to the CCPC's recommendations. ,,.'. In answer to Commissioner Volpe, Mr. Lord stated that the project is an existing PUD and is determined to be vested as per the Growth Plan. Ms. Barbara Henderson Cawley, representing Royal Marco Development ~J advised that this site is a portion of the overall Hideaway Beach PUD. . .She noted that it is the last piece of Royal Marco Point to be de~e- .~loped. She noted that the infrastructure is in place and will accom- imodate the units. ._ Commissioner Shanahan questioned what the maximum dens:[ty would be for the low-rise units, to which Ms. Cawley rep/led that she believes there would be no more than 30 units. There were no other speakers. .Co~isalonar Shanahan ~oved, seconded by Commissioner ~loodntght ~ cal-rSed unani~ly, to close the public hearing. Comissioner Shanahan ~oved, seconded by Commissioner Goodn~ght :...and carried unanimously, that the Ordinance a~ numbered and tit/ed ':belo~ be adopted, ~ub~ect to the CCPC~s reco~endatione and entered ·nto Ordinance Book No. 41: ORDINANCE 90-106 AN ORDINANCE AMENDING ORDINANCE NUMBER 80-81, ~S AMENDED, WHICH ESTABLISHED THE HIDEAWAY BEACH PLANNED UNIT DEVELOPMENT, AS PREVIOUSLY AMENDED BY ORDINANCE NUMBER 84-67 AN9 ORDINANCE NUMBER 89-29; AMENDING SECTION V, GROUP 2 - MULTI-FAMILY RESIDENCE, SUBSECTION 5.03, USES PERMITTED, TO INCLUDE TWO FAMILY DWELLING OR DUPLEX AND TO CHANGE REFERENCE IN PARAGRAPH 5.03 B.2 FROM ZONING ORDINANCE TO SIGN ORDINANCE; BY AMENDING SUBSECTION 5.04.02C, MINIMUM SETBACKS, TO PROVIDE FOR A MINIMUM 30 FOOT DISTANCE BETWEEN PRINCIPAL STRUCTURES IF BOTH PRINCIPAL STRUCTURES ARE 40 FEET OR LESS IN HEIGHT OR A MINIMUM OF ~5 FEET BETWEEN ACCESSORY STRUCTURES WHICH DO NOT EXCEED 20 FEET IN HEIGHT, OR A MINIMUM DISTANCE BETWEEN PRINCIPLE STRUCTURES OF 40 FEET OR LESS IN HEIGHT MAY BE CONSTRUCTED 20 FEET APART PROVIDED THE FOLLOWING 000P~,6£ l~ Pa~e 7 December !8, 1990 CRITERIA ARE MET AT THE AREA WHERE THEY ARE TWENTY (20) FEET APART; BY ADDING SUBSECTION 5.04.02 (F} TO ALLOW SCREEN ENCLOSUREf; TO FOLLOW THE SAME SETBACK AS OTHER ACCESSORY STRUCTURES; BY ADDING COLLIER COUNTY PLANNING COMMISSION RECOMMENDATIONS; AND BY PROVIDING AN EFFECTIVE DATE. }'age 8 Xtmm ~B3 ~ecember 18, 1990 I[IZILMCE 90-~07, RE PET~0N R-90-21, NE~O $. SPAGNA OF ~ORIDA URBAX ~TUT~, INC., ~S~NG ~E S~VAT~ON ~ ~-6 ~ C-5 TO ~ FOR PROPER~ LOCATED WITHIN ~E ~O~ST QU~ OF ~ AI~ORT-~LING ROAD (CR 3~) A~ ESTEY I~E~ION, ~SO ~O~ ~ P~T OF LOT 137, NAPLES GRO~ ~ TRUCK CO.*S LI~E F~S NO. 2 - ~ED S~CT TO CO~ITIONS Legal notice hav~ng been published In the Naples Daily News on '~ November 29, 1990 as evidenced by Affidavit of Publication filed with Clerk, public hearing was opened to consider Petition R-90-21/Dr. J. Spagna, Florida Urban Institute Inc , representing the [ Salvation Army, requesting a rezone from ~F-6 and C-5 to PUD for :property located w/thin the southwest ~adrant of the Airport-Pulling (C.R. 31) and Estey Avenue intersection. Plier Scheff advised that the petitioner is requesting a rezone of the subject property to permit the development of a co~unity ser- vices center. He ~ndtcated that this property consists of 5.78 acres, ~d noted that existtn~ land uses are currently undeveloped land with yacht duplex with ~F-6 and C-5 zoning. He noted that s:urround~ng ,,,land uses include: to the north across Estey Avenue, undeveloped woodlands, single-family residential and m~xed multi-residential with ~,~F-6 zoning; to the west are single family residential developments with ~F-4 and a small piece of ~F-6 zoning. He advised that proper- ties to the south are comprised of C-5 zoning and include Collier ~o~ty's Medical Services building, a V~ building, and auto body ~eho~s w~th mixed heavy commercial uses. He reported that to the east of the property and ac=oss Airport-Pulling Road ts C-5 zoning with a mix.re of hea~ co~ercial, auto body shops, auto sales, patio fur- niture sales and a shopping center under construction. Mr. Scheff explained that the proposed project is to be developed ~n two phases depending upon the moneta=y ability of the Salvation ~]~. He ~eported that the first priority will include a famlly ser- cente~ with multi-residential housing of 20 units. He indicated ~.,.that this housing would be provided on a temporary basis for families during crises. He noted that this will not be a center for homeless Page 9 ;,:~ , Decembe~ 18, 1990 ~le, He revealed that also included in Phase I would be a thrift :' which would provide income for running the facility, ~, Mr. Scheff disclosed that Phase 2 would be a community servlces building including adult and child care centers, a gymnasium, possibly ::-"& swimming pool and other recreational activities, and a family oriented chapel. He advised that this project with the exception of :,the thrift store, is found to be in compliance with the Growth gement Plan. He indicated that the Thrift Store must correspond .with the commercial under the criteria in the Growth Mana!~ement Plan. He noted that although the facility is planned for 1~,000 SF, the ~. ~amO%Lnt of square footage would place more than 10% of the average · y trips upon Estey Avenue if access to the project via Airport Road were closed. He reported that the facility may not have access :~ Airport Road if a southbound right turn lane cannot be developed. L~e Indicated that the thrift store would be accessed immediately by ~ort Road and there is only 100' of frontage. He announced that ~i.%he property owner would be required to enter into an easement type of i~contract with the northern property owner to ensure the southbound ,~i~ht turn lane construction. Mr. Scheff detailed that the following options be considered: 1. Continue th~s petition until something is resolved between the northern property owner and the petitioner r~gardtng enough property to access Airport-Pulling. 2. Reduce the size of the Thrift Store to an acceptable level of square footage that would place less than 10% of the average dally trips on Estey Avenue. 3. Eliminate the Thrift Store from the proposed project. ~'~ Mr. Scheff advised that Staff and the appropriate agencies that have reviewed this pet~tion, have no ob3ections to same, sub3ect to stipulations in the Agreement Sheet. He indicated their subsequent ~Ko the GGPC meeting, some of the transportation stipulations have been and accepted by the petitioner and incorporated ~nto the PUD document. He noted that the CCPC ts recommending approval (8/1) of $',':thts petition He stated that two persons spoke to thls ;.etitlon at CCPC and cited concerns relating to the buffering of the property Paqe 10 December 18, 1990 and one person objected to the location of the property. He reported that the petitioner has agreed to mitigate with regard to the buf- ;~,;i feting issue and satisfies the concerns of the property owner who objected to the buffering. 0ommiesioner Shanahan stated that it appears that the thrift store generate approximately 85% of the traffic, but without it it is questionable as to whether this can be a successful entity. ~i Dr. Neno Spagna, representing the Salvation Army, advised that his ~ client has been working very diligently to resolve this issue. He indicated that a dedication or an easement will be provided to the !.County and noted that he is in the process of completing the paper- work. He related that the project engineer has been working with ~?ranaportatlon Director, Walt Carter, to finalize the design and sub- .mit the required papers. i~ Dr. Spagna advised that his client has agreed to comply with all the requirements of the review agencies and requested that the ':'~'Com~iesion approve this project subject to the completion of the necessary paperwork within a reasonable length of time. Mr. Dale Steinberg stated that his property is where the turning needs to be placed, and he sees no reason why this should not Qh&ppen. He revealed that the use of the property that he currently will not be a permanent use in the future, and noted that it is i;,...~i'difficult to determine the type of turning lanes that will be needed to serve a future development. He indicated that he has been working 2: Mr. Carter and it appears that when the turning lane is i.~n~talled it should be put in to serve the future use. He stated ~'~.~that it is anticipated that the turning lane should be installed 'f~rther to the north to encompass the curb cuts that are needed for ~the Salvation Army, as well as those that are needed for his property, ~J~d would result in better traffic control since there will be better ~.tack~ng control. Transportation Services Administrator Archibald advised that both y owners are making attempts to have a turn lane that meets Page 11 December 18, 1990 ,!:all the safety requirements and also having a turn lane which would serve both parcels. He explained that if this could be worked out, both property owners would participate in building one turn lane complex which would serve both parcels. He noted that the turn lane complex would begin south of the intersection at Estey Avenue and the taper would be 190' in length with a storage distance of 150' He stated that this would provide safe access and good futu~.e access to the corner parcel. . In answer to Commissioner Volpe Mr Archibald explained that the 3 accesses on Airport Road would be reduced to 1 or 2, Commissioner Saunders stated that he believes that it ts appropriate to proceed with approval, but with the condition that the i~turning lane situation be resolved prior to the issuance of building -permits for the thrift store. ~i~i Captain Jeffrey Kent of the Salvation Army, revealed that the approval with the conditions would help tremendously. H~ stated that the Salvation Army is currently wrapping up a large campaign and he is confident that there are people in the community who are anxious to ~'donate monies, subject to approval of the PUD. He indicated that he sees no problem in working with Mr. Steinberg with regard to the issue ,i of the turn lane. He advised that the proposed facility is very much .~eeded, and noted that the center is for crisis intervention, but is not for long term housing for the homeless. Mr. John Hobart, Project Architect, stated that the project was very eloquently presented. He provided a brief overview of the pro- ~ect, noting that the structures will be residential in design, and the Phase 1 building for the family center and administration will be single-story structure. He reported that the thrift store will be t larger to accommodate the need for what is being sold there. ,'He indicated that he believes the design of the project will fit very well into this community. Mr. Phil Wood stated that he does volunteer work for the Salvation '~ii:Army. He disclosed that during Phase l, the counselors will be on 24 ~ Page ! 2 December 18, 1990 to work with the families tn crisis He advised that the thrift existence and the size of the structure is critical. He revealed that the majority of the work for this project is being done i,~: on a voluntary basis: architectural, engineering, contractors and 'il.subcontractors. He requested that the Commission approve this peri- , subject to the condition regarding the turn lane, as suggested. Mr. George Keller, President Collier County Civic Federation, !disclosed that he feels that this is a very good project and ever~thing is pretty well set. He reported that since the thrift !!~.store will be open at least 5 days per week, he does not feel that ,there will be a great traffic problem He urged the Commlission to approve this request. There were no other speakers. Ce~ts~Ao~r Shanahan moved, seconded by Commiselonez. Seunders and ~'CmXTAed unanimously, to close the public hearing. Co~m/s~loner Saunders moved, seconded by Commissioner Goodnight :i!?;.am~ carried unanimously, that the Ordinance as numbered and titled .:~. ~lO~e be &d~ted subject to the conditions of the Staff and the CCP~ the a(l~t~onal condition that the Thrift Store is not to be ¢~t~t~ until the problems regardtnu the turntn~ lane on Atr~ort ~ ~e re~olved, and entered Into Ordinance Book No. 41: ORDINANCE 90-107 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 50-25-1; BY CHANGING THE ZONING CLASSIFICATIONS OF THE HEREIN DESCRIBED REAL PROPERTY FROM RMF-6 AND C-5 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE SALVATION ARMY PUD FOR A COMMUNITY SERVICES CENTER LOCATED WITHIN THE SOUTHWEST QUADRANT OF THE AIRPORT-PULLiNG ROAD (C.R. 31) AND ESTE¥ AVENUE INTERSECTION, IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.78 ACRES MORE OR LESS. AND BY PROVIDING AN EFFECTIVE DATE. ' ' 90-108, RE PETITION R-90-32, KIM P. KOBZA OF LIEBERFARB, ~!~I~, /OBZA & HAGA~%/~, CHARTERED, REPRESENTING WAYNE CURTIS ASHLEY, '~E~T~]~ A REZON~ FROM C-4 AND KMF-~2 TO PUD TO BE KNOWN AS ASHLEY'S ' ~fF-~/C~ STATION-GOLDEN GATE PUD, LOCATED ON THE SOUTH SIDLE OF GOLDEN · ~TE PARENAy AND NORTH SIDE OF 2§TH PLACE S.W. - ~TAFF STIPULATIONS AS AMENDED ADOPTED SUBJECT TO Legal notice having been published in the Naples Daily News on November 29, 1990, as evidenced by Affidavit of Publication filed with December 18, 1990 ~the Clerk, public hearing was opened to consider Petition R-g0-32/Ktm Kobza of Lleberfarb, Tretser, Kobza, Letgh and Hagaman, Chartered representing W. Curtis Ashley, requestinG a rezone from C-4 and RMF-12 to "PUD" Planed Unit Development known as Ashley's Service Station-Golden Gate, located on the south side Golden Ga~e Parkway, the west side of 4?th Street S.W. and the north side of 2§th Place S.W., consistinG of .99 acres. Planner Bellows stated that the objective of this petition ls to irezone the subject property from G-4 and RMF-12 to PUD to allow a gasoline service station with an auto repair Garage and convenience 'store facility. He noted that this site is located within the Golden Gate Activity Center. Mr. Bellows advised that the surrounding land uses include the i'iMin/l-Dixie, the Collier County Fire Station, the Library, and the ,, Golden Gate Community Center. He noted that there is strip (;-4 com- ?' mercial to the west of the site and RMF-12 and RMF-6 zoning to the ~outh and east of the site. Mr. Bellows remarked that the maln consideration for this project : is to avoid strip commercial development and noted that ~he proposed ~.~PUD Is designed to incorporate the RMF-12 lots to the south of the ?~ alley which provide for a deeper corner lot and Improved traffic '~ 'circulation. ',~ .... In answer to Co~lssloner Hasse, Mr Bellows stated that right In and out will be allowed Into the alley. ~,'3,-? Planer Bellows advised that this petition has been reviewed by ~i~:'<'all pertinent agencies and it has been determined that no level of se~tces will be adversely affected. He explained that it ts staff's n'¥opinton that this petition is consistent with the currently adopted Gmowth M~agement Plan and recommends approval of same. ,~:;. ,}. ~a~' In ~swer to Commissioner Hasse, Mr. Bellows ~eplled that the con- V venfence store will encompass a 40' x 45' area and the service bay be ~0' x 30' Commissioner Volpe noted this proposal ts consistent with the Page 14 December 18, 1990 '.~current Growth Management Plan, but will not be consistent with the ;[ Golden Gate Master Plan. Planner Bellows replied in the affirmative, {~! and noted that the new Golden Gate Master Plan will reduce the size of the Activity Center to follow along the alley rather than along the i, istreet, and the RMF-12 lots will not be included within the Activity · '~: Center. Pl~e~ Cacchione stated ~hat the property is approved under the :j~rr~nt Pi~, but will be inconsistent with the Master Plan and there- ~ ~ore, will be subject to re-evaluation. She noted that ~hfs will be ~h~ ~irst situation of a property that is inconsistent with the pro- ~ed Master Plan. Commissioner Volpe stated that this property is directly across from Sunshine Boulevard with a school crossing area and questioned ~h{i what safeguards have been taken for the school age children that will be crossing in the area. Mr. Bellows expressed that there is a sidewalk on the north side of 4?th Street S.W. Commissioner Volpe <~i:.~ug~ested that the petltioner construct a sidewalk along the eastern side of the property on 47th Street S.W. Attorney Kim Kobza, representing the petitioner, reported that he pleased to be presenting a positive project and one which Golden can be proud of. He explained that the plans as prepared, will {..~create a signature intersection for that area of Golden Gate Parkway. ~,.:~:He indicated that the proposed useage along the Parkway will be dein- ~!~'tenstfied and strip development will be eliminated by acquiring the back two lots away from the Parkway. He noted that current develop- ment patterns along the Parkway are RMF-12 duplex type zoning that ;,..,backs up to strip commercial. He stated that in order to resolve and th~s pattern, the petitioner has acquired the back two lots and the co~mercial development will be spread over 270' of depth from the y back to the next parallel road. He noted that this allows the required amount of buffering around the site to be doubled. He ]/~elated that the petitioner has attempted to be very sensitive to the '~once~ns of the community and has addressed the Chamber. December 18, 1990 Mr. Kobza advised that at the CCPC hearing, a concern was raised ~.~'that this site not become a used car lot or place for storing and ?."'parking vehicles overnight He stated that the PUD Document does not ~.i~ allow the sale of vehicles and prohibits the storage of vehicles. He indicated that the only vehicles that will be parked on the site over- n~ght, will be those that are to be repaired the following day and are i!':. being dropped off after the station is closed. He pointed out that [il the service station will provide minor repairs, all of which will be done under cover in the service bays. Mr. Kobza advised that the petitioner agrees to the addition of a stipulation indicating that he will provide sidewalks as desired by ~v-the Commission. He explained that the west side of 47th Street S.W. ~a¥ not be the best location for the sidewalks. He noted 'Chat a 'better location may be on the east side of 47th Street S.W, which ,!i(~would be a continuation of the existing sidewalks from the east side i°f Sunshine Boulevard. ~'!~ii. In answer to Commissioner Volpe, Mr. Kobza stated that there will ,'. be right turn only into the station and right turn only on,:o Golden Ga'~e Parkway. He indicated that the petitioner ]s obligated, under .the PUD, to provide deacceleration lanes from the west to the east to ,~.the access easement. 'In response to Commissioner Hasse, Mr. Archibald advised that staff there would be a conflict between the right turn movements i'ii ithat are exiting out of the proposed development and those movements that would be making an eastbound right turn onto the local street, ~ii~i~.and therefore, does not recommend that a turn lane be constructed. Mr. Archibald stated that it appears that it would be appropriate ,for sidewalks to be constructed on the east side of 47th Street S.W. ;"Since this would be consistent with the County's Plan for routing of school children. He explained that it is questionable whether a [k would be needed on the west side of 47th Street S.W., but /"noted that he will be happy to look into this sttuatJon. Page 16 December 18, 1990 Mr. Bill Edixon, of Edixon Engineering, stated that the pro3ect ~ ~ has been designed in a very safety conscious manner so that the alley ~: ~co~ld not continue through to 4?th Street S W. Ms. Kathleen Kelly, read a letter on behalf of her mother Lois Kelly, who ow~s a duplex on the east side of 4?th Street S.W., directly across from the proposed pro3ect She stated that she objects to this petition, as it offers an opportunity to invade a res~dential area. She noted that the business duplicates others that ,~.:.'~ are within a mile. She cited that the children going to and from school will constantly be dodging a constant flow of automobiles from the service station. She suggested that Mr. Ashley look into an area more appropriate for th~s type of operation, i.e., C.R. 951. She requested that the petition be denied. Mr. George Keller advised that it was not the intention of the Golden Gate Maste£ Plan Committee to expand the commez'cial any further ~than ~t presently is. He noted that there are currently 3 or 4 gas ;ns along Golden Gate Parkway. He concurred that Golden Gate !-does need a good auto repair service, but he does not believe that location is appropriate. There were no other speakers. Cm~t~toner Shmnmhan moved, seconded ~ C~sstone~ G~tght ~~er Vol~ ~ed, seconded ~ Co~lsstone~ S~~ mnd C~r~ ~t~ly, that the Ordln~ce as n~red ~d titl~ ~1~ ~ ~~ ~bJ~t to Staff's sti~lations, ~d the addltlo~l con- ditio~ ~t th~ ~tlttoner ~ re~ired to const~ct a s~de~lk along t~ e~t side of 47th S~reet S.W., that the ~t~ttoner ~rk w~th s~aff ~u.~t~ to the r~i~ l~rovements for the ~ng l~es ~n~o the ~atton, ~d the pr~teton for the dedication of ~ t~ ~t e~de of 47th Street S.W. ~d entered into Ordi~ce OP,.DINAIqC~ 90-108 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL. ZONING ATLAS MAP NUMBER 49-26-6; December 18,~1990 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM C-4 AND RMF-12 to "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ASHLEY'S SERVICE STATION - GOLDEN GATE, FOR GAS SERVICE, LOCATED ON THE SOUTH SIDE OF GOLDEN GATE PARKWAY (C.R. 886), ON THE WEST SIDE OF 47TH STREET S.W. AND ON THE NORTH SIDE OF 25TH PLACE S.W., IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF .99 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. cam Receamed: 10:45 A.M. - Reconvened: 11:00 A.M. at which t~e Deputy Clerk Arrighi replaced Deputy Clerk Hoff~mn It~ ~TAPT DI~CTED TO PREPARE AN ORDINANCE IMPOSING TIM~, PLACE AND MANNER .R~TRICTIONS ON ADULT SEXUALLY ORIENTED BUSINESSES Assistant County Attorney Manalich stated that this item is for the Board's consideration and direction to the Office of the County Attorney regarding proceeding with regulation of adult sexually : oriented materials in Collier County. He noted that the Board has received from two groups requesting legislation governing adult ~!'~qsexually oriented businesses and obscenity. He mentioned that at the i'.:;' direction of the Board, a report regarding this matter was submitted to the Board on November 19, 1990. For clarification, Mr. Manalich ::. ex~latned that obscenity is legally defined as illegal and may be pro- htbtted; however, under the zoning concept this ordinance refers to material that would be sexually oriented but does not meet the legal i~- definition of obscene and, therefore, not prohibited He advised that the Courts have ruled that sexually, oriented material can be sub- .~ect to reasonable time, place, and manner restrictions if the Board .of County Commissioners finds that this mater/a/ would have negative ieecondary effects on the surrounding community. He pointed out that ?tn no way would this type of zoning ordinance legitimize or permit any ~:: kind of obscene materials which are considered illegal Assistant County Attorney Manallch commented that it is at the ..Board of County Commissioners, discretion whether or not they wlsh to engage in a definition of a community standard of obscenity, however, the County Attorney's position is that it would be unwise and legally not advisable to become involved in this. He added that the ¥'s office recommends the option of the zoning approach to 30 Page 1 8 December 18, 1990 i~exually oriented materials which would allow the Board to establish a/7 ordinance to restrict these types of materials. !~r Attorney Manalich stated that it is requested of the Board that direction be given to the County Attorney's office regarding whether i~ or not they wish to engage in regulation in this entire field, and direction regarding their desire to be involved in any type of com- munity standard definition, or if they do wish to regulate do they wt~h to do so with time, place, and manner restrictions. He noted ~. that the County Attorney's office and the Planning Department will work together regarding the Board's decision for an ordinance. He reminded the Board that they will need to hear studies and evidence indicating whether adult sexually oriented materials have a negative i~;i secondary effect on the community before an ordinance can be tmple- ~'~.mented. He noted that the Board can rely on studies conducted in ~other communities regarding the same subject matter. Commissioner Volpe questioned if the Board would be able to regu- late business establishments where the major portion of their business ~ deals with the sale or rental of sexually oriented material? Attorney ,~_:/:Manalich stated that the regulation would deal with establishments "~'~where their principle or regular business purpose is for these types of sales or rentals. Attorney Mana]tch added that businer~ses could be evaluated as to whether their principle business purpose is the ti. handling of sexually oriented material by their stock and trade or net :.)rofit, however, the courts have not specified a percentaffe of busi- ~.ness transactions. In response to Commissioner Volpe, Attorney Manalich informed that the County Attorney's office recommends the proposed ordinance to be a ~%..comprehensive one in order to deal with future establishments. County Attorney Cuyler pointed out that recommendations from the Attorney's office will be made after the ~nitial decision as to how the Board wants to proceed; and emphasized that this is an extremely ~lex area in that there is no well defined definition ~md the ,~Co~rte have been dealing with this issue on a community by community Page 19 December 18, 1990 fs which means that many questions now will have to be handled as part of the research of the ordinance and answered at a later time. Commissioner Shanahan declared that he is not interested in ?!~deftning obscenity and pointed out that Florida Statutes, Chapter 847 does define it. County Attorney Cuyler confirmed that the recommen- dation of his office is to not get involved with the definition. Commissioner Saunders affirmed that a comprehensive ordinance ~:regxllating sexually oriented material by time, manner, and place should be developed; and that the Board not involve itself with a [tton of obscenity. The following people spoke in favor of a comprehensive ordinance being developed imposing restrictions on adult sexually oriented bust- Barbara Hattemer Tom Maloney, President of Morality In Media The following reasons were given for developing said ordinance: many counties throughout the country and State have adopted ordinances ?.i ~uch as the one being proposed and when challenged have been found to be constitutionally sound; there is a need to regulate the sexually :oriented material that is not considered obscene and, therefore, can- not be legally banned; a problem of this nature needs to be stopped !;:%:i before it even starts; and locations selling sexually oriented i~uterlal are found to be breeding areas for crime. The following people spoke unfavorably of a comprehensive ordi- l%allce being developed imposing restrictions on adult sexually oriented businesses: Richard Loeber George Keller, Collier County Civic Federation ~ The following reasons were given for not developing said ordtnan- : lack of such a problem of this nature in the community; dif- ficulty in defining, administering and enforcing such an ordinance; allowing an area to display, rent and sell adult sexually oriented -material would turn a small or non-existent problem into a very big one; ~estrlctive zoning would be permissive zoning; this is an issue Page 20 December 18, 1990 t~mt should be handled by the Sheriff and the courts; and moral issues be legislated. ~r. C°m"'issioner Saunders clarified that if this type of ordinance !~,'were adopted, these types of businesses would be dispersed and not tn general area. He also noted that these types of businesses should r,~ be regulated in advance of becoming a problem. In response to Commissioner Volpe, Commissioner Saunders commented that it is not vacant land which can be used for commercial purposes that is the concern, but sites which already exist where these types !ili of -lnesses could be located. County Attorney Cuyler ,dded that actlvity centers should be considered for regulation and dispersement · so one center does not result in having five or six or more of these ~ types of businesses. Attorney Manalich pointed out that activity cen- · i~ters also provide distance requirements from churches, schools, or private residences. Attorney Manalich clarified that obscene material is prohibited ii,~'%d can be banned; however, this material which is being considered ,regulation is not obscene but is pornographic which has a sexually ~ii~'~ oriented content but ks not classified as obscene. He pointed out · that this material that is not considered obscene has proven to cause :~?? decline in property value, increased crime, and general blighting of ~. neighborhoods when concentrated in areas of a community but cannot be ba~med; therefore it is necessary to regulate the time, place and man, er to which it will restricted. He added that the advertising of such establishments can also be restricted, ii~:~, County Attorney Cuyler explained to the Board that this has not ~been nor is it intended to be a public hearing on a determination of iWhether the Board is going to adopt th~s ordinance or not; but rather request to provide direction from the Board if it is their wish to %go forward w~th a draft of this type of ordinance; and then the pro- 'Posed ordinance would be brought back for a public hearing. ,~.,:, Attorney Manaltch stated that a determination needs to be made by the Board whether they wish to engage in regulation of se)~ally Page 21 December 18, 1990 oriented materials either under an approach deallng with definitions ~.of contemporary community standards or under a zoning type approach. He advised that if the determination is to proceed wlth a zoning ordl- nallce, guidance is needed from the Board as to whether this should be a comprehensive regulation to cover all potential adult uses or only the uses present at this time. He added that direction f'rom the Board is also re~ested as to whether to disperse the distance restriction .~een ~ch business or concentrate them He commented that the "s office reco~ends that these businesses not be con- ~ centrated. The last requested dfrection from Board, he noted, is that the Attorney's offlce work with the Planning Department so that coor- dination is made reGardinG the comprehensfve land use laws. ~~i~r S~ders ~d sec~d~ ~ Co~tssioner Vol~ ~d c~ri~ ~i~ly, t~t Staff ~ directed to prepare ~ ordi~ce ~ich will pr~ide redouble ti~ place, ~d ~er re~trictions on ~t ~mlly oriented ~slnesses, that this be a comprehensive ord~- ~ ~rl~ ~ ~en~li~ tn reference to these ~sinesses, that ~ w~ll ~t ~ a ~oupin~ of These ~stneeses ~d thmt Staff ~rk ~ ~ PI~i~ staff to bring back the ordin~ce in due course. In response to Commissioner Hasse, Attorney Manalich read the ~legal description of obscene as "the dominant theme of the material ,~.~ t~en as a whole, appeals to the prurient interest, which is a shame- ~j.'~ful and morbid interest in sex; the material is patently offens.fve ~cause it affronts contemporary community standards relating to }~>~>'description or representation of se~a/ matters; and the material is ~"utterly without redeemin~ social value. In ~er to Co~issioner Volpe, Mr. Manallch confirmed that this ordin~ce would also include the re~lation of the types of entertain- ment that is provided In establishments that sell alcoholic beverages He noted that "bottle clubs" are not specifically addressed in the ice, but there is a State law regulating "bottle clubs." Co~issioner Shanahan ~estioned as to how long it would take to 34 Page 22 December 18, 1990 the ordinance prepared and readied for the Board. County Cuyler responded that they will plan to have it ready In days. I~UTXON NO. 90-621R~ PETITION AV-90-026, REQUESTING VACATION OF A I~IONOF TH~ FI'V~ FOOT UTILITY AND DRAINAGE EASEMENT LOCATED IN LOT 26 OF THE PLAT OF CORPORATE SQUARE - ADOPTED Legal notice havinG been published tn the Naples Daily News on November 29, 1990, December 9 and 16, 1990, as evidenced by Affidavits of Pllblicatlon filed with the Clerk, public hearinG was opened to con- sider Petition AV-90-026, filed by Edixon Engineering, Inc as agent for owners, James and Rosemary Reidmiller, requesting a vacation of a -i portion of the five foot drainage and utility easement on lot 26, lCorporate Square, for the the purpose of building an office/warehouse g. Transportation Services Administrator Archibald informed that Corporate Square is a subdivision/industrial park located on Radio ' Road and to the Immediate east of Industrial Boulevard. He advised that this is a request to vacate one of a series of easements on Lot 26 which is an Industrial zoned lot with different easements on all ~!~. sfdes of the lot. He explained that the applicant would like to place building on the north portion of the property, but in order to do so i~[a five foot utility easement needs to be vacated on one s~tde of the y. He noted that the appropriate letters of no objection have been received from the utilities. He added that the property ts :ik.,,vacant with the parcel to the north developed and a parking facility adjacent to where the building would be located. He commented that : property is not subject to a zoning re-evaluation and staff recom- mends adoption of the prepared resolution. Commissioner Volpe questioned if there is any public benefit to this vacation? Mr. Archibald responded that other than having more :aping available there ts no other public benefit, and pointed that this is an industrial park. County Attorney Cuyler commented 35 Page 23 December 18 1990 there Is no requirement for public benefit for this petition. Bill Edtxon, representtn9 James and Rosemary Retdmtl]er, Informed that details for this petition have been worked out with staff. Cc~mi~ion~r Shanahan ~oved, seconded by Coatsstoner Volpe and c~rrild 4/0 (¢o~sLtsstoner Saunders not in room), that the public gk~d~i~n~r S~anahan ~ov~d, seconded by Commissioner Volp~ and c~r~ 4/0 (Co~Alstoner Saundere not tn roo~), to appr0~ P~tition ..A~-~O-O2G, th~by adopting Relolutton No. 90-621. 36 Paoe 24 December 18, 1990 · ~O~UTXO~ NO. 90-622 RE PETITION AV-90-027, LIEBERFARB, ~EISER, KOBZA, LEI~I~, AND ~~ ~ A~ FOR ~ WA~ C. AS~I~, ~ VACATI~ OF ~L ~LIC I~ST IN A PORTION OF A ~ ~ ON ~ ~T OF GOLDEN GATE ~IT 3, FOR ~E P~POSE OF CO~~ A SE~ICE STATION DRI~AY - Legal notice having been published in the Naples Daily News on December 16 and 17, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to constdel. Petition AV-90-027, filed by Lteberfarb, Treiser, Kobza, Leigh and Hagaman, as agent for the owner, Wayne C. Ashley, requesting to vacate renounce and disclaim the rights of the County and Public to the above described alley, for the purpose of constructing a service station drtvew~y. Petitioner is granting a replacement fngress-egl.ess ease- Transportation Services Administrator Archibald stated that this is a companion item to Petition R-90-32 which was heard earl/er this date. He informed that the property is located on Golden Parkway and backs up to 25th Place with 4?th Street S.W. on its <' eastern perimeter. He explained that the vacation is necessary "because the placement of the proposed building is to be a distance .from the road and, therefore, would encroach close to the alley. He ~ advised the petitioner is proposing to dedicate another part of their property for a new alley way which will be connected from th~ Par~ay to the ex~stlng alley behind the properties to the west. ~~r G~ght ~ed, seconded ~ Co~ss~oner S~ ~ ~i~ 4/0 (Cmtsstoner Sanders not in room), t~t the ~bl~c ~*~1~ 4/0 (~sstoner Sauders not tn r~a), t~t Petttlon AV-~T be a~r~, there~ adoptlng Reeolutlon No. 90-622. ;39 Page 25 December 18, 1990 RE~OE~FI~ON lO. 90-623 R~ PETITION SMP-90-10, ROBERT E. FURLONG OF MILLER, BARTON & PEEK, INC., REPTtESENTING 0RANGETREE ASSOCIATION, REQUESTING SUBDIVISION MASTER PLAN APPROVAL OF ORANGETRET. "B" FOR FROP~q~rY LOCATED ON THE EAST SIDE OF SR 846, IMMOKALEE S(~ OF OIL ~LL RO~.D AND NORTH OF ~h%-NDALL BOULEVARD - ;LDOI~D ~TI .P~TLATION$ Legal notice having been published in the Naples Daily News on December 2, 1990, as evidenced by Affidavit of Publication flied with ithe Clerk, public hearing was opened to consider Petition SMP-90-10, filed by Robert Furlong of Wilson Miller, Barton, and Peek, Inc., representing Orangetree Association, requesting Subdivision Master ~ii!' Plan approval of Orangetree Phase "B", located on the east side of SR 846 and the north side of Randall Boulevard, South of Oil Well Road, in Section 23, Township 48 South, Range 27 East. Planner Lord stated that the sub3ect SMP consists of Phase lB witt 216 single family lots having a minimum of 7200 square foot lot size; .~ Phase 2B with 271 single family lots having a minimum of 9000 square foot lot size; and Tracts A & B which are reserved for future resi- ' ./identtal development. He added that there are also four lakes totaling ]~57.8 acres; an 8 acre motel site; and 27 acres of open space and landscape buffer area. He informed that all main roads throughout the ;'~bd~vision will have an eighty foot right-of-way and all secondary and cul-de-sac streets will have a sixty foot right-of-way. He noted il;that all roads will be public. Mr. Lord pointed out that the Orangetree PUD is the subject of a legal settlement agreement dated January 27 1986 He explained that a specific provision was made w/thin the Future Land Use element of the GMP to acknowledge the vested status of the Orangetree PUD for uses specified in that certain PUD by settlement. He stated that this application is merely a SMP request and does nothing to change the ~boundartes, uses, densities or development standards thereof. He ~related that this request is therefore deemed to be consistent with :~.the Future Land Use Element of the Growth Management Plan. He added itthat the "vested status" of the Orangetree PUD supersedes any other Page 26 of LOS consistency. ~Mr. Lord Informed that Review Services has reviewed the subject ~petition and has no objection to the approval of the petition subject to the stipulations found on the agreement sheet. He advised that th~.~ !.~. proposed land plan, as requested, contains the necessary requirements '? for the PUD as to lot size, road right-of-way, and infrastructure spe-- ciftcatlon. He cited that no negative correspondence was received regarding the subject petition. He specified that the CCPC forwarded this petition with a recommendation of approval subject to the reement sheet; and therefore staff recommends conditional approval said petition. ~.tonez- Saundsrs returned to the ~eeting. In response to Commissioner Volpe, Mr. Lord stated that there is no concurrency issue involved with this petition. ~m~uA~ner ~dnight ~, seceded ~ Co~As~ioner S~ ' ~ ~i~ ~~1~, t~t the ~blic hearing ~ cloud. ~~i~er G~ight ~, seconded ~ Co~iesioner Sh~ ~ ~i~ ~i~ly, t~t Petition S~-~O-IO ~ a~r~md ~bJect to ~ mttpulation, listed on the a~ent sheet, there~ adopting · " ~lut~ ~-~23. 49 Page 2 7 December 18, 1990 ~t~a ~4 R~I,I]~IO~[ !1[O. 90-614 R~ I~TITIOI S~-90-30, TODD ~ I~ OI ~ I~, INC., ~q~STING S~DI~SlON ~R ~ ~~ ~R =~ CA~ ~SE 2' ~R ~OP~ LOCA~D ~HII PORT .... Legal notice having been published tn the Naples Dally News on (~' ~cember 2, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-90-30, flied by Todd T. ~rrell, P.E., Consulting Engineer, representing Port of the Islands, Inc., requesting Subdivision Master Plan approval for ~f: the Cays, Phase 2 at Port of the Islands, for property located in the ,.' east 1/2 of Section 9, To~shlp 52 South, Range 28 East, east of the . Fats-Union Canal and South of U.S. 41 containing 71 4 acres Y . Pla~er Hl~k stated that the petitioner ts proposing to subdivide this parcel into two commercial C-4 trac~s one RHF-16 tract and one ~;'~': RSF-3 tract. He advised that the petitioner plans a 92 lo'~ single lastly subdivision within the RSF-3 tract with access from U.S. 41, ~d ~bllc water and sewer to be provided by the project. , Mr. Milk noted that the petitioner is recasting variances to the ~Colller Cowry subdivision radiations Section 16, Requirements for ~ ~<Sldewalks on Local Stmeets; Section 17F, Street Right-of-Way Width Re~irements; and Section 17G Street Pavement Widths. He reported ~'],that Staff reco~ends that sidewalks be placed on one side of all ~/ea~t/west cul-de-sac streets; and recommends approval of the variance to Section 17F and 17G, sub3ect to all Staff stipulations. Mr Mt]k co~ented that at the CCPC December 6 1990, meeting there were changes made to the Agreement Sheet. He noted one of the ~,~;.chan~es as number 4 and explained that the c~fterla of Ordinance 82-91 ~tes a 180 foot distance retirement from entrance roads, and 's position Is to keep the 180 foot distance requirement tn the }.o~din~ce rather than only 90 feet as approved by the CCPC. He disclosed that re~iring only 90 feet would limit Staff's ability ~p~ior to the review of the site development plan to adequately address ~hm traffic concerns ~d safety Issues; therefore, Staff ts racom- 59 Page 28 December 18, 1990 mending, with the Petitioner's concurrence, that lan~uag.~ be incor- porated into ~he stipulation which will eliminate the gO foot ~eqnairement and necessitate an engineer to provide a traffic state- lent indicating the requirements and safety involved for the access ~,ths firet C-4 tract. Mr. Milk -~.nformed that the change to number 11 and the ellminat~on of number 23 ¢,n the agreement is agreeable to both Staff and the peti- ~i tioner. In response to Commissioner Volpe, Mr. Milk stated that ~ stipulation 23 was resolved by the Water Management Advisory Board. M~. Milk advised that the CCPC recommended approval of the subject ~-/~ petition by a vote of 5/4- therefore, staff recommends approval of ~'~'~ Respondln~ to Comm~ssioner Shanahan's question, Mr. Milk explained i,~i!~', that the reason for the CCPC's vote was due to a discussion regarding Staff not wanting to commit to a 90 foot access requl~'ement for this site before the actual review of the site development plan. He ~.. ~olnted out that this petition deals with the master plan and not the · .ii site development plan. Mr. Milk clarified that there is only one access that was approved by the DOT from U.S. 41 for the entire tract. Todd Turrell, representing Port of the Islands, Inc., explained i'~'~hat stipulation number 4 would be chan~ed to delete the last sentence add the sentence "Access distance requirements from U.S. 41 into ithe commercial tracts on Cays Drive may be reduced by the Project Review Serv]ce,~ staff and shall be based on the detailed traffic ana- lysts prepared by a Professional engineer at the time of construction plan process." He added that this proposed language is acceptable to ~he Staff and the petitioner, and noted if this language had been ;~.~ava~lable at the CCPC there would have been no issue. He affirmed that there ls no st~pulation requirlng the sidewalks. Mr. Turrell stated that there is an issue he would like to point to prevent a problem in the future with the project. He noted '~that there is a questionable area at the back of the tract where there . . December 18, 1990 .are wetlands which is being reviewed with the Corps of Engineers and the Department of Environmental Regulation to resolve the Jurisdic- tional questions. He explained that in the 1960's, GAC created a ?~,"spotl-berm to facilitate filling the remaining wetlands; however, the wmtlands were not filled. He informed that the State and Federal aHencies would like to have the spoil-berm removed, and as part of a ].permitting effort the petitioner would like to create two lots tn that area. He pointed out that the problem ts that there ts a requirement i.!/'to provids a cul-de-sac for these two lots; and the petitioner requests that a stipulation be provided to eliminate the cul-de-sac with the provision that satisfactory traffic and fire protection ~i~'~iinformation be provided to staff thereby allowing a private entrance ~! .for the two lots. He informed that if a private entrance is allowed , and incorporated into the deed restrictions, it would be a stabilized area of the lots where fire equipment would be able to turn around. He clarified that the petitioner would be required to remove the rm as part of the permitting requirements. In response to Commissioner Shanahan, Mr. Mllk stated that Staff i%'wii1 not support a reduction to road right-of-way or the cul-de-sac ?'.elimination at this point tn tlme, and Ken Baglnski of Planning '~ii~i Services concurred with this statement. ~' Mr. Turrell commented that he will handle this issue at a later ,time. C~issiomer Shanahan moved, seconded b~ Co--lsstone~: Goodntght :.~ 'mhd c&l-rted uz~nt~ously, that the ~bltc hearing be closod. }~:';J'~~t~ ~~ly, t~t Petition ~-90-30 ~ m~roved, nb3ect ~~~ ltl~lltl~ thlrs~ 14opttng Resolution No 90-624 "::~:" ' Page 30 C;~I:D~ NO. 90-109, CI~EAT~NG TH~ VAI~DKP. BILT BFu%CH AR~JL ]~%3YTll~C,tT~O~ ~CIP~ S~ T~NG ~[T - ~D Legal notice having been published in the Naples Dally News on Novembem 29 1990 as evidenced by Affidavit of ~blicatton filed with [...'..' the Clerk, public hea~lnG was opened to conslde~ an ordinance c~eatlng '~the V~derbllt Beach A~ea Beautlflcation Munic]pal Service Un~t, filed by Vande~b]lt Beach P~ope~ty O~ers Association. Tom Con~ecode of the Off~ce of Capital Projects ManaGement stated .~{ .< that the pl~nG co~ittee of the Vanderbtlt Beach P~opemty Owners Associat~on has determined that there ts a need to ~mprow~ the ~>:],~ a~a~ce and provide proper planning of landscaping and other ]mp~o- ~[~' -vements within the ~oad might-of-way indicated on the map provided [?.. ~e added that a beaut~ffcation t~tng district is beinG ~equested as /the me~s to accomplish these needs which the proposed ordinance would '/~crea~e. He explained ~ha~ a ~ax le~ no~ ~o exceed 1/~ mill for the ftr8~ three years and 1/4 mill thereafter is proposed to provide funds ~j~[ ' fo~ the Unit and noted that c~eat~on of th~s Unlt would be subject ~./ approval of the proposed tax levy by a majority vote tn a referendum scheduled fo~ April ~3, 1991. He related that Staff recommends appro- 6f this Taxln~ Unit. MF. Conrecode reported that as a companion Item to the proposed ~ce, the~e ~s a proposed resolution orderin~ and calling a ~e~e~end~ election to be held on April 23, 1991 in the Vanderb~lt Beach A~ea Beautlflcatton Municipal Service Taxln~ Unit. He explained ~ ~hat the tax le~ ts subject to approval of the majority of vote which ~[[.[~.~s ~e~red in the said o~dinance by adoption of this companion reso- ~' lut~on. He ~nfoFmed that funds ~n the amount of $5,000 must be ; ~.~Fece~ved by the Supervisor of Elections within 30 days of adoption of ~::[~h~s Fesolut~on to cove~ the costs of ~he elect~on which w~]l be done '~:~'by ~l-ou~ ballot. He recommended that the Board adopt ~he proposed :.~ Fesolut~on ordering and calling a ~eferendum elect~on to be held .~.~he V~deFbllt Beach Area Beautification M.S.T.U., subject to the Page 31 December 18, 1990 County Attorney's final approval. In response to Commissioner Volpe, Mr. Conrecode noted that only ;. registered voters would be allowed to vote. Kim Kobza of Lieberfarb, Treiser, Kobza Leigh, and Hagaman ?~, advised that he has prepared an M.S.T.U. proposal summary which outlt- .nee the exact costs based upon the current assessed valuation which is :~approxtmately $300 million for the district. He explained that 1/2 mill will generate approximately $200,000 of revenue in the first ~ years. Mr. Kobza stated that a questionnaire was used to survey the com- iiii~ I~%Lrlity as to their feelings on the upcoming referendum and a number of meetings were held with the community regarding this matter He noted that the Vanderbtlt Beach Property Owners Association has authorized ?,; some preliminary renderings and design work to begin taking into con- eideration the site constraints that exist around the perimeter of the ':area. In response to Commissioner Volpe, Mr. F, obza specified that , :~:~... andscaptng and lighting would be only for the perimeter areas of the i:~:'Dtstrict and not the interior streets }{e added that there are plans :'for bus stops for the children. He indicated on the renderings where the landscaping would be along Blue Bill Drive, Gulf Shore Dive, 'Vanderbilt Beach Road, and Vanderbtlt Drive He noted two alter- natives on Vanderbtlt Drive with one being basically the same design with current conditions maintained and the other would eliminate the <,' sidewalk creating an sight foot edging. He reported that they are ~<~i working with the County regarding a County project which would repave Glllf Shore Drive and provide a sidewalk along the west side with the staying; on the east side. He added that the landscaping along ~lf'$hors Drive would be within the M.S.T.U. project' and lighting ,~otlld be provided on both sides of the street. In regards to :,~::...lZa~derbllt Beach Road he indicated that the wetlands along there would ~;!, .be impacted, and in the area of the parking spaces by the beach '::~th~ sidewalk would be widened to eight feet as well as additional .71 Page 32 December 1~, ~990 along the road consistent to the surrounding areas. He that Blue Drive would be the lesser of the prt¢)rtttes within !?,the District Mr. Kobza affirmed that the $5/000 covering the costs of the elec- tion will.be secured within 30 days. The following people spoke in favor of the proposed ordinance: Charlotte Westman, League of Women Voters Georgt: Keller, Collier County Civic Federation Art Jacob, President of Vanderbtlt Beach Property Owners Herbert W. Brandt, Jr., resident of Vanderbilt 5each area Jean Lydon, resident of Vanderbtlt Beach area Mary Wtegold, resident of Vanderbtlt Beach area The following reasons were given to adopt this ordinance: not )'nly will it beautify the area, but it will also provide for the y of the perimeter areas and important to keep the property in condition. ".The fo/lowing people spoke against the proposed ordinance: ~ Grace W. Blackmore, resident on Vanderbilt Beach Road The following reasons were given not to adopt this ordinance: the lack of the ability to voice their opinion via a petition ~.which requires §1~ of the property owners agreeing to such an ordl- nance in order to proceed with it; this should have been voted on in general elections; there should be more public hearings regarding .%{~this and there are other alternatives less expensive than this. (~lll/t~i~ner Volpe moved, leconded b~ Co""issloner S~nahan and ~.~:(':.~x%-te~l ~mlni~mu~l¥, t~t the ~bl~c hearing ~ closed. ~s~er Vol~ m~, s~onded ~ Co~tsstoner S~~ ~d titl~t ~1o~ adopted and entered into Ordinance Book No. 41: I:! Xte~ ~CSA ORDINANCE 90-109 AN ORDINANCE CREATING THE VANDERBILT BEACH AREA BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING AUTHORITY; DEFINING ITS BOUNDARIES; PROVIDING FOR ITS GOVERNING BOARD, POWERS AND DUTIES; PROVIDING FOR ITS PURPOSE; PROVIDING FOR AN ADVISORY COMMITTEE, DUTIES AND RESPONSIBILITIES; PROVIDING FOR ITS FUNDING AND LEVY OF TAXES; PROVIDING FOR A MILLAGE REFERENDUM ELECTION; PROVIDING FOR CONSTRUCTION; CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Page 33 ~' ' December 18, 1990 R~fION NO. 90-625 0RDERI~(~ AND C~I~ ~ ~~ ~I0~ ~ ~ ~ ~IL ~3, 199I IN ~ V~ILT B~ ~ B~~CATI~ ~P~ ~~ T~ING ~IT C~I~ TO O~IN~CE NO. 90-109 Discussion regarding subject resolution was discussed with com- ;.ipanion Ordinance 90-109. ;:' ~i~ Volpe ~d, ~econ~ed by Co~isstoner S~ ~d ~i~ ~ly, t~t the ~ltc ~in~ ~ close. ~~i~ Vol~ ~ed, eeconded ~ Coutsstoner S~ ~d ~t~ ~~ly, t~t Resolution No. 90-625 calling for the .-. referendua election be adopted as reviewed and approved ~rK the County i:&~',e Office. .73 Page 34 December 18, 1990 ~ NO. 90-110 CREATING THE VANDERBILT BEACH AREA STREET ~I~ ~I~ICIPAL SERVICE TAXIWe UNIT - ADOPTED Legal notice having been published in the Naples Daily News on 29, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance creating the Vanderbilt Beach Area Street Lighting Municipal Service Taxing Unit. I~' C~mcl~mt~r Vol~e mov~, seconded t~ Commissioner Shamahan CaZTledunam/m~nsl¥, that the publlc hearing be closed. Commissioner Volpe moved, seconded b~ Commissioner Sh~ahan and crmxTle4 unanimously, that the Ordinance ae number and titled below be m~opte~ and entered into Ord/nance Book No. 41: ORDINANCE 90-110 AN ORDINANCE CREATING THE VANDERBILT BEACH AREA STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING AUTHORITY; DEFINING ITS BOUNDARIES; PROVIDING FOR ITS GOVERNING BOARD, POWERS AND DUTIES; PROVIDING FOR ITS PURPOSE; PROVIDING FOR AN ADVISORY COMMITTEE; PROVIDING FOR ITS FUNDING AND LEVY OF TAXES; PROVIDING FOR A MILLAGE REFERENDUM ELECTION; PROVIDING ~r~ FOR CONSTRUCTION; CONFLICT AND SEVERABILITY; PROVIDING AN · EFFECTIVE DATE. · ~O~ NO. 90-626 ORDERING AND CALLING A REFERENDUM ELECTION TO BE +=.-H][LD~APItIL 23, 1991 IN THE VANDERBILT BEACH AREA STREET LIGHTING !'~ NUlg~CIPAL ~KRVICE TAXING UNIT - ADOPTED Co~s~toner Volpe moved, seconded by Co~uaisstoner Shanahan and carried ux~ani~ou~l¥, t~t the ~bllc hearing ~ closed. '~~t~r Vol~ ~, seconded ~ Co~tsstoner S~ ~d ~~ ~~ly, t~t ~solut~on No. 90-626 call~ for a referen- ~ el~ton ~ ~t~ a revt~d ~d appr~ed ~ the r'~ 'Office. 77 Paue 35 December 18, 1990 I~OZ~TI~ ~O. 90-627 RE PETITION FDPO-90-6, JAMES T. MURPHY, l~ A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVAT£ON AS ~ B~f FLOOD DAMA(~E PREVENTION ORDINANCE 87-80 ON FROPERTY DE~(~I~D AS BLOCK 47t LOT 7t UNIT 2~ MARCO BEACH - ADOPTED Legal notice having been published in the Naples Daily News on December 2, 1990, as evidenced by Affidavit of Publication filed with ~ the Clerk, public hearing was opened to consider Petition FDPO-90-6, field by James T. Murphy, Continental Construction representing Glen '%~R. Johnson, requesting a variance from the Minimum Base [Flood Elevation required by Ordinance No. 87-80. Planner Mulhere stated that the petitioner is requesting a .31 foot reduction from the Minimum Base Flood Elevation for property located at 358 Polynesia Court, further described as Block 47, Lot 7, Unit 2, Marco Beach. He added that the subject property is located in an older established neighborhood with the surrounding properties at the similar elevation of the subject property. He noted that the petitioner desires to renovate the existing home and add 311 square .~,]feet of ~;ara~;e space. He advised that the estimated cost of the reno- ~s approximately $200,000. He explained that the problem lies with the Flood Damage Prevention Ordinance which requires that if the cost of additions, repairs, or renovations exceed the estimated value of the property by 50%, then the entire structure nust be brought up to the minimum base flood level. He pointed ()ut that the flood level requirement is 10 feet, but the subject property is at 9.~9 thus the request of a .31 foot variance. Mr. Mulhere indicated that all reviewing agencies hawe recommended approval of the subject petition subject to the conditions noted in the proposed resolution. He stated that Staff has deternined that the i/~)et~tioner has provided sufficient Justification for the granting of i?':th~s variance, and added that raising the existing structure .31 feet ~would not significantly reduce the risk of damage due to a flood. He that the granting of this variance will not result in ~d flood heights, additional threats to public safety, extraor- ~'.' ~ December 18, 1990 ~.din~ry ptlbltc expense create nuisances, cause fraud on or vic- timizatton of the public, or conflict with existing local laws or s, therefore, Planning; Services recommends adoption of the proposed resolution. Page 37 ,,~- December 18, 1990 ee~ ~%~ed: 1:00 P.M. - Reconvtned: 1:35 P.M. at which time Delmi-FClerk ~evin r~laced ~ty Clerk Arrtllhi *.* · P~"I~ITION PU-90--20, P~IL LEE (TRUSTEE) REPRESENTING GRACE BIBLE CHURCH, ~ & PRUF~$IONAL USE "a" OF TH~ "E' ESTATES ZONING DISTRICT ~ ~ R~_~T~D FACILITY - DENIED Sam Saadeh, Planning Services, presented Petition PU-90-20, requesting a Provisional Use (PU) for a church related facility for .Grace Bible Church for property located on the southeast corner of Golden Gate Parkway and 66th Street SW. He said the petitioner Is proposing an extension to an existing church to allow an existing structure to the east to be used as a rectory. He stated the peti- tioner is also proposing to include passive uses, i.e., water reten- tion, septic tank drainfield and parking in the southern portion of the site. He reported the subject property is zoned Estates with an '.? existing single family home to the north and across Golden Gate · Parkway, Estates property with a single fam{ly home to the east and ,::~ south, and Estates property with a PU for church and church related facilities to the west. He informed this petition is inconsistent iwith the proposed Golden Gate Master Plan, however is in compliance with the current Growth Management Plan. He mentioned Staff has received one letter from neighbors to the north who are not in favor i., of this request. He said all agencies have reviewed this petition and ,. have recommended approval subject to the stipulations in the Agreement !, Sheet. He concluded the CCPC has unanimously recommended conditional ~:J: approval of Petition PU-90-20, subject to Staff's stipulations. Dan Brundage, member of Grace Bible Church, stated the church had an opportunity to purchase ad3acent property to the east and felt it in their interest to do so. He advised that the intent of this is to provide a residence for a Minister of Youth the Church to have on Staff in the near future. He stated it was felt that the entire PU should be rezoned to have a unified zoning use for the property and at the same time, recent efforts have beglln regarding expansion of the existing church facilities. He said the existing Page 38 December 18, 1990 !~! 8~nc~-uary has a capacity of approximately 600 people, however, part of that space has been used for offices. He indicated the plan is to :'re~ove those offices and build a structure located to the south of the ...sanctuary sometime tn the future. He stated if the church were ,~: allowed the capability of using the rear portion of the subject parcel !..~: ~o the east for passive uees such as parking, septic tank dratnfteld i and/or retention facilities, much more flexibility would be possible in the design of the proposed expansions :~'~:[? Commissioner Hasse commented that the residence can be used as i~;propoeed without changing the zoning. Mr. Brundage agreed, but added they would also like the use for septic tank retention facilities and parking to allow for future ~' expansion, as well as using the property to collateraltze loans whlch ~ would be looked upon more favorably if the proper zonings are in place for the entire site. Commissioner Volpe stated if this petition is viewed based on the existing Growth Management Plan, it is consistent, however, the soon .,,;..to be adopted Golden Gate Master Plan will render it ]ncon~tstent. County Attorney Cuyler reported that from a legal perspective, the ../.Board of County Commissioners is operating under the Comprehensive %~Plan currently in place. 'i '~- Planner Saadeh added that this petition would be subject to zoning mluatton after adoption of the Golden Gate Master Plan. In answer to Commisstoner.Hasse, County Manager Dorr~ll explained the petitioner needs to be able to expand the existing drainfteld for the septic system for the church and also the stormwater retention ~i~.i;.factlity for the church onto this adjoining property in order to uti- i?ltze the balance of the church site, which is immediately to the west of the house. George Keller, President of the Collier County Civic Federation, if, since the church purchased this property, ~t is exempt tax. es? · County Attorney Cuyler reported that whether or not this petition O00,, 87 Page 39 December 18, 1990 'is approved, if the church owns the property and it is used for church purposes, they are entitled to an exemption. ~r. Kelle~ stated there are five churches and four other non- :,~,'profit organizations in that area that are currently tax exempt. He said that many years ago, the Board of County Commissioners made a decision not to allow additional PU's on Golden Gate Parkway. He stated extending PU's on that parkway is not good zoning and even-- tually, much valuable property on Golden Gate Parkway will become tax ~t when tile other churches also begin requesting exten:~ions to their PU's. Dorothy Johnson stated that she lives directly across 'the street from the church property. She reported that she never opposed the five acre tract for the Grace Bible Church, however, she 1~3 very much i:, An opposition to an additional two and one half acres and a single family home taken off the tax rolls for this PU. She said removing this property from the tax rolls is unfair to County taxpayers who :3~ already absorb the taxes for all churches. She added that she Js even more opposed to the expansion of this PU She explained that on ii?~January 17, 1984, a moratorium was placed on Golden Gate Parkway ' because of the abuse of PU's :F.~ . She stated that on January ~7, 1986, the morator~un was l~fted because the Golden Gate Master Plan was completed, ho%~ever, that Plan has not been adopted. She said the · moratorium was to expire or be repealed upon adoption of a Golden Gate ~ Naster Plan and since that has not been accomplished, it should still ;:,: legally exlst. She asked the Board to remember that the zoning laws ,p/ace priorities on residents. Mr. Brundage stated that the proposed zoning will cause no impact Mrs. Johnson's property which is across a four-laned divided high- i:!,-way, He mentioned that the neighbors immediately adjacent to the sub- !i~ Ject property have no objection. He added that this is a proposal for passive uses and is in the rear of the property. Oommissloner Volpe stated the Board is considering revisions to current ordinances that would allow for shared and off-site parking Page 40 December 18, ~990 %where there is common ownership. He indicated his concern with the !.necessity for expanding the PU since the parking issue can be addressed under those revisions, and the house can be used as a rec- tory as it is currently zoned. ~,;:, County Attorney Cuyler communicated if an accessory use i.e. the ~!ildrainfield for the church, is carried over onto another lot, that lot I~Ist have the appropriate use. , , ¢k~Amioa~r Saunders ~r~ed, seconded ~ Co--insider S~ to ~ ~ttta E-90-20 limtt~ to ~sive aes only, such u nter ~t~i~, ~ic t~ drainfield ~d ~rkin~ facilities on the =~ ~rtta of the In ~er to Co~lssloner Volge' Planning Services Nanager inskt replied that the proposed revisions to the parking ordinance ; ~uld allo~ off-site parking If 1} it ts directly adjacent under the ;~.s~ ~erahtg; 2) it ts not physically adjacent to the subject pro- ~rty but Is ~nder the same o~ershlp and has zoning that ~ould allo~ that particular use; and 3) conditional use or a PU ts approved by the ~;~'~ard of County Commissioners to allo~ ~hat use. He said since the Proper~y is zoned restdentfal a PU or conditional use ~:~ re~lred to allo~ parking on that site. ~'-?~' ~11 for the ~estton, t~ ~tton fatlea 3/1 ~ ~ 90-8 RE FETITION 0-90-8, COLLIER COUNTY AGRICULTURAL FAIR & ~ITION, INC., REQUESTING A ~I~ (9) DAY PERMIT TO CONDUCT T~I~IR A~I~IAL COUNTY FAIR FROM JANUARY 11 THROUGH JANUARY 19, 1991, ON ~ ~I~NITY USE SITE WITHIN ORANGETREE PUD - APPROVED Phil Scheff, Planning Services, presented Petition C-90-8, stating ~':'- the Fair is a non-profit corporation and is an arm of the Board of County Commissioners and the County. He said this is an annual event. He mentioned the only outstanding issues are the requests for waiver ~f the Surety Bond, Carnival Fee and Occupational License Fee. He that Staff recommends the Board approve Petition C-90-8 sub- lect to consideration of the waivers. Page 41 December 18, 1990 ', In aulswer to Commissioner Hasse, Planner Scheff stated the Board has approved waiver of these fees for the prior two years. Commissioner Goodnight mentioned that State law provides that designated County Fairs do not pay Occupational License Fees. ~~ioner ~tnt~ht ~oved, seconded by Co~tssion~r Shanahan ~ c~A~i~d ~ly, that Carnival Perltt 90-8 re Petition C-90-8 a~q~d, ~]ect to the watvers for the Surety Bond, Carnival Fee ~O~pettonal License Fee. Page 42 ~M,¢embeF 18, 1990 1987 I]~TIJ~qINATIO~ OF I~~I~ D~IATION ~LD ~R ~ ISLE OF Ron Nino, Planning Services, reported the correct title for the ~I Executive Summary should read "Isle of Capri Commercial Tract Review il of Previous Determination as to Substantial/Insubstantial Nature of ~DOA/PDA Petition". Ne explained that on June 23 1987, the Board of { Ccnant¥ Commissioners considered a petition to amend the Marco Shores · .-PUD document and Development Order (DO) with respect to the Isle of Capri commercial tract, located on S.R. 951. He said both of those doc%t~ents prohibited development of that tract until S.R. 951 is four- laned. He said the records show that the Board at that time chose to determine it was not a substantial deviation, but denied the actual amendments to the PUD document and the DO; therefore, the action to call the DO an insubstantial change had no effect He stated the issue before the Board this date is a re-application of essentially the same petition to remove the conditions tn the PUD document and the DO that prohibit the property from being developed until S.R. 951 is illin" four-lar~ed. He advised that th~s Board requested S~aff to bring back ~estion of whether or not the decision of 1987 should stand as the ~n~bstantial ruling for Petitions DOA-89-1 and PDA-89-1. He ~{[ re,fred Staff suggests that the conditions that prevailed in 1987 a~e .~bst~tially different than those of 1990 because specific pFov]sions in the Comprehensive Plan now state if the improvement is in the Capital Improvement Element (CIE), there Is no basis for imposing a [~..~.moratorium on the property. In fact, he said, in the past several ';%months, a number of petitions have been approved on S.R. 951 based on that p=ev~sion. He indicated ~t is Staff's opinion that tn dealing ~wlth today's environment, the pettt~on is of an insubstantial nature. Ho sa~d whether or not the decision of 1987 should stand is a polfcy to ~ addressed by the Board. Go~iss~oner Volpe co~ented for clarif~cation that Staff is not Page 43 ~:~ - December ~8, 1990 the Board to make a decision under current conditions as to whether what is beinG proposed is a substantial or insubstantial deviation. He said Staff is asking if th~s Board agrees that the 1987 decision is binding upon the Board, therefore, there is no decision to ~, make. P/anne= N/no indicated that is correct. Commissioner Volpe inquired what the change was in 19877 Planner N/no stated in 1987, the Board decided not to permit any further development along S.R. 951. He said that decision affected a i~ ~batantial amount of land in the Marco Shores PUD that was authorized u'" a large number of housing units. He stated that a decision of a ~oratortum had far more significance than simply dealing with the Isle ~:of Capri commercial tract. He added that in 1987, there were no pro- s, as there are in today's environment through the Growth ~Mal%agement Plan, to allow development alonG S.R. 951 if improvements are in the five-year CIE. Commissioner Shanahan commented that if this Board upholds the t. 1987 decision, it will not preclude the Department of Community [Affairs (DCA) or the Southwest Florida Regional Planning Council (SWFRPC) from challenginG that decision. Planner N/no agreed, adding that the 1987 record suggests that, had the Board amended the DO, would have been an appeal because of adverse opinions from DCA SWFRPC at that time. In answer to Commissioner Hasse, Planner N/no explained that what has.changed is there is now a legal basis for granting the amendment. ~.:: Commissioner Shanahan pointed out if the Board of County ~:Commiasioners upholds the determination of insubstantial deviation, this petition goes back to the CCPC for their Judgment as to whether or not ~he DO or the PDA should be amended. ~ County Attorney Cuyler remarked if the Board determines this should be heard at a substantial deviation hearing, the petitioner ~ not be able to challenge that and be successful. On the other hand, he said, if the Board determines that the circumstances are substantially the same as those in 1987 and there is no reason to re- December 18, 1990 :~valuate that decision, he believes that determination could be '~pheld. He added if the DCA chooses to challenge the DO amendment, they will have the ability to do so and the developer will be the one at risk In this project. Ce~dmi~r ~u~ders ~, meco~ ~ CouAmeAo~r S~ to ~-~ 1987 ~te~t~tton of tm~t~tlal deviation. Co~tsstoner Volpe ~estloned tf the only Issue tn 1987 was r~gard to the four-lenin9 of S.~. 9517 ~es Vensel, Planner for ~arco Shores, stated ~he 1987 petition Included a re~es~ for a change In use from a shopptn9 center to 'a 150-room hotel. He sald the resulting traffic as presented at ~hat tiae was approximately 502 of what was ortgtnallY planned. He ~eported since that time, 2,644 residential units have been eliminated fr~ future traffic on that road by the land being deeded to the State of Florida. He said additionally, Deltona reduced the density of Un.ii: from 9,110 to 7,000 units. In response to Commissioner Volpe, Mr. Vensel stated the current i, plan is to develop the site as a hotel. t!:: Upem'call for the question, the motion carrte~ unanimously. 'I¥:'It~12 ~ov~d frcrm ~14~3 Bqll)~rf ~ RE-ALLOCATING FUNDS FOR 800 MHZ RADIO SYSTEM FROM .FT, 90 ~O FT 91BUDftET - APPROVED IN THE AMOUNT OF ~375,718 Leo Ochs, Administrative Services Division Administrator, stated this request will allocate and transfer funds from Fund 301 reserves Into the Fund 30! operating budget in the Communications Cost Center said this will provide for the balance of payments to Everglades ~ Communications, Inc., upon receipt of the County's 800 MHZ admtn- i~ iatrattve radio communication system. ~:' Comnisstoner Volpe questioned if the equipment has been ordered and if so, where ts it and when will it be installed? Mr. Ochs reported the equipment was ordered in June, 1990, and ~dalfver7 is expectsd tn three weeks at which time it will be installed a 60-day period. He said it is expected to be operational by Page 45 December 18, 1990 February, 1991. He explained this will provide the administrative communication system for the County's Parks & Recreation, Utilities, Public Services and all other administrative departments of il .Co~xrlty government. He added a draft tower lease agreement will be the Board in January for a tower site, to be known as Bonita II. In answer to Commissioner Volpe Mr. Ochs responded that the ~ystem was not designed for public safety use, however, can be inter- !~faced with those agencies, including the Sheriff's Office, if they care to pursue thai idea. C~l~oner Shanahmn moved, seconded b~ Commissioner Smunders and '.~..~~Zli~a~l¥, to ap~rov~ the B~d~et A~end~ent re-allocating f~x~ ~ F~ 90 to FY 9! for the 800 MHZ Radio System in the a~ount ~"' ~ ~ GAC LAND TRUST AND THE SHERIFF WHIC~ PROVIDE FOR . T~ ~ ~ CO~NT~ OWNED PROPERT~ AND CONSTRUCTION OF IMPROVEMENTS .' FO~ A ~FATII~IRPO~ TRAINING FACILITY FOR SKERIFF,S OFFICE; AGREEMENT i. OF SAL~ AND ~I~UHASE AND ~ TO LEASE A~REEMENT TO BE EXECUTED ~' UP~]~ ~AL OF A PROVISIONAL USE OF THE COUNTY-~D SITE; AND NAi~FE~ ~ AN~ AND ALL FEES ASSOCIATED WITH OBTAINING A PROVISIONAL Sandra Taylor, Real Property Management Director, stated this is a recommendation to approve and execute two separate agreements to pro- for the leasing of County-owned property acquired through the 1983 GAC Land Trust Agreement, and construction of improvements for a ~ltipurpose training facility funded with proceeds derived from the isale of the Estates properties. She said Staff is requesting all items ~e approved as recommended in order to expedite the initiation 'of the PU application process. Ir ;'~swer to Comm~ssioner Hasse, Ms. Taylor responded that this is .{part of the regular agreement whereby sales of that property are to be used for this type of facility, and letters of no objection have been by Avatar Properties, Inc. Commissioner Volpe commented the Land Trust has a condition to ng this improvement requiring that this facility be open to the ~ 000PA~r 126 Page 46 December 18, 1990 Ms. Taylor Indicated there ls an tnlttal two-year period devoted !j solely to the Sheriff's Office for purposes of improvinG the property, mhd the facility will be open to the public pursuant to a separate ~['"iagreement which will be brought back to the Board after that two-year period. Gonlssloner Volpe remarked that since this a recreational type :' fa¢tltty which is available to the public he hopes the County can take credit for It in the Growth Management Plan. The following people spoke against this item, siting the facility will be built in a res~dential area causing danger to inhabitants from the rifle range; noise pollution; property values will decrease; and e.,thetr understanding that the land trust was established for the exclu- ~i~tve benefit of Golden Gate Estates citizens for parks, libraries, ': L~nda }~ttttnger Helmut Hlttinger :~.Dtck Bra%u% George Keller County Attorney Cuyler clarified for the Board that the agreement ~.'/!L'idoes not limit benefits to Golden Gate Estates citizens He said it ", does require that any facilities either be built on the land that Avatar donated to the County, or that the monies derived from the sale ?,of those lands be used to construct facilities in the Golden Gate Estates a~ea. He reported that in more cases than not, the direct benefit will accrue to Golden Gate Estates residents, however, there ts no prohibition for other County residents from using any faclli- ,:i'~ .tles. }{e related the agreement speclfica]ly states that the land · shall be used only to provide governmental facilities for existing and f~t~re residents of Collier Gounty, with all capital Improvements to :~e' ph~ically located within the geographical boundary of the area as Golden Gate Estates. In answer to Commissioner Volpe, Ms. Taylor replied that ','everything within this Executive Summary is contingent upon approval the PU, which will be presented to the Board within the next two or Page 47 December 18, 1990 ~, three months. She also stated that the Sheriff's Office has estimated ii.~.that the $100,000 belnG requested from the land trust will cover all proposed improvements to the property. 'ii'. Deputy Byron Tomltnson reported that he personally investigated ~ locations within Golden Gate Estates, and this was the most appropriate area for the facility. County Attorney Cuyler mentioned that he does not want to leave ~the l~rpression that this will not tn large part be a recreational facility for Golden Gate Estates residents. He said it will be tn Golden Gate Estates and, because of the proximity, 3ust as ii'with a park or another capital improvement, those residents will receive a substantial beneflt. He added the Board hal; always agreed ~wtth the recommendations of the Citizens Advisory Committee and will be responsive to those citizens If this ts approved. ~m~i~ Goodntght ~, seconded by Co~tssioner cax~te~ unanimously, to approve the agreements which provide for -time let~g of County-owned property and constr~ction of t~prove~ents ~:'~ a ns~lttp~-po~e training facility for the Sheriff's Office; a~e~ent of sale and purchase an4 amendment to lease mtm~ n~on approval of a Provisional Use of the County-owned site; !~;~'a~y a x at all fees associated with obtaining a Provtst~l Use to Pa~e 48 December 18, 1990 ~ ~ F&CTLTTI~ FOR 95I ~CE CENTER - ACCEPTED ~TH Frank Brutt, Community Development Services Administrator, explained the ob]ect of this request is for the Board of County C°m~sissioners, Ex-Officio the Governing Board of the County Water-Sewer District, to accept the newly constructed water and sewer :...fa¢ilXties to serve the 951 Commerce Center and authorize the recor- !<~-.dation of the appropriate legal document. Oomm~t~oner Shanahan ~oved, eeconded b~ Co~i~sioner an~ car~ie~ ~z~nal¥, that the water and sewer factlitie~ for 951 i~:~.;.Cc~m~'~'w Center be accepted with the following stipull~ions: 1. The Florida Department of Environmental Regulatlon furnishes a letter placing the sewer system Into service, and; 2. The Florida Department of Environmental Regulation furnishes a letter approving the water distribution system for service and the bacteriological testing has met the County's require- ments, and; The Fire District furnishes a letter accepting ownership and maintenance of fire hydrants and the fire flow requirements are satisfied, and; 4. The Plat Book and page number information for the recorded plat is incorporated in the legal documents. · .:.'Itu ~ Recorded in OR Book 1621 Pa~es 305 - 313 l,~ar, zt~ HEAR.TBtJS I"OR t3ROW'FH ~a~ ~ ~ ~ BE ~ oN ~23/9~ AT 8:05 P.N. ~ 2/5/91 AT 5:05 P.M. Plier BII] Laverty explained that a report was received on ~r 13th from DCA regarding the Growth Management Plan amendments ~.~baltted In Au~st 1990 He said the County now has 60 days from 'ec~lpt of the report to adopt those amendments. He advised that the ;/:' hearings must be held at night, and suggested the first hearing held on January 22nd at 5:05 p.M. ' : Tom Olltff, Asstst~t to the County Manager, mentioned that ~2nd ts a public hearing date, and the re~lar agenda for that ~tll be lengthy. ~outs~ton~r Goodntght suggested January 29rd at 5:05 P.M. as the ~blic hearing date. Page 49 December 1~, 1990 '~Planner Lavert¥ indicated that the first and second public gs must be held two weeks apart. He proposed the second meeting! be held on February §th at 5:05 P.M. Planner Lavert¥ communicated that the County has recently received. [i/a letter from DCA indicating that what the County has called its ~date to the CIE, DCA considers an amendment. He said, therefore, ithe CIE will be attached as an amendment to these public hearings. C~mmtNi~r Shanahan moved, seconded by So~missioner Goodnioht % ~~ed unanimously, that public hearings for the Growth ~~ Pi~ Amendments be held ~n January 23rd and Februax7 5th at 'P~N.~ .' OF "]~F~FI'R~" - APPROVED WITH STIPIrLATIO~ Mr. Brutt presented a recommendation to approve the final plat of "Wyntree" with stipulations. He called attention to a ch&nge in Sti- pulation #3, and an additional stipulation as noted below, that ~tion approval not be granted until the construction drawings been accepted. Commissioner Volpe questioned if concurrency requirements for this Pr°~ect. have been waived, therefore, impact fees will not be paid up front7 County Attorney Cuyler explained that as opposed to paying impact fees and obtaining certificates that process can be postponed but ultimately the fees need to be paid to pull building permits. Commissioner Volpe asked if there is a provision in the sales contract to notify people who buy a lot that they may not be able to iXy~%ll a b,lilding permit if there is a problem with concurrency7 Attorney Anthony Pires, Jr. representing the developer, explained ~:"..that the plat is not being recorded. He said the developer is going i~thro~;h the process of obtaining the final plat approval executing ii%'the ~afntenance agreement to allow for completion of the improvements ~uad ~ubsequent postlng of a bond for 10% of the value, prior to lng the final plat. He reported the sales contracts are not yet Page 50 December 18, 1990 ed with regards to concurrency waiver and release. He stated ~the developer does not wish to pay the impact fees at this time, and ,this is an option he is allowed. Commissioner Volpe indicated his concern with large developers i'.iaskfng for final plat approval with no protection for the end user. g:He recommended that the Board consider taking action in these instan- ces to require the developer to include in the sales contract, f, : kx!owledge to the end user of the fact that the lots are being sold without a certificate of public facilities and they may not be able to J~<)):-&ttorney Pires asked that Stipulation #6 be revised to state: .,:!/"The applicant/owner will satisfy the South Florida Water Management .~u'~.Dtstrtct as to his requirements for construction of the entrance 'road.~ He stated that a permit is not required for the turn lanes Nr. 'Brutt commented that the developer should not commence any construction for that road until he receives the drainage approval :~from the South Florida Water ~anagement District (SFWMD) and it has :~-been found acceptable to the County's Transportation Services ~.::>.. Division. He said both parties, not only the SI~D, should be !<:i'involved in the acceptance of this issue. Attorney Pires stated the language as indicated by Mr · Brutt will acceptable to his client. :':, . ~lmntmmml¥, to approv~ tM final plat of '~ntr~- with the 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 except sales trailers and construc- tion trailers be Issued until the final plat is recorded. That the Concurrency Waiver and Release be reviewed and approved by the County Attorney's Office prior to construc- ti. on plan approval. Prior to construction of the off-site entrance road and turn lane improvements on Immokalee Road, the construction plans, Page 51 December 18, 1990 Including drainage facilities, shall be approved by Project Review Services and Transportation Services, if applicable. A South Florida Water Management District permit and accep- tance by Transportation Services shall be obtained prior to the commencement of construction of the entrance road. Project Review Services will not issue construction approval for any of the project until the construction drawings have been accepted. Page 52 December 18, 1990 County Manager Dorrill stated this item has direct bearing regarding discussion of the hirinG freeze to be heard during this meeting, because it requests authority to hire contract employees. Commissioner Volpe asked how many positions are beinG requested, to which Mr. Dorrill replied with full implementation there will be ~ i. thirteen. He said these would be temporary contract employees hired ' for a project-specific road segment whose contract would cease to upon completion, unless there is a subsequent series of project ~,',. work. ~. -~ Commissioner Saunders questioned what the funding source will be? 'Mr. Dorrill responded it will include primarily impact fees, as well </~. as special assessment funds and/or bond proceeds for which a special Col~r~ty-wide road assessment will take place, or existinG gas taxes, depending on which source of funding is being proposed, and for which · of the approximately 50 road projects in the adopted Growth Management Plan. Commissioner Saunders commented that County-wide special i"il. assessqment district has not yet been established and it would be iml~rudent to consider that as a funding source. He said impact fees ~nd gas taxes are two revenue sources that are of prime concern at the i!~oment, because there may not be the funds originally anticipated in two areas in FY 91. County Manager Dorrill communicated that as a result of the need to accelerate the County's road construction process and the Board's agreement to build and be responsible for the State road network, Collier County now has §0 road projects in the adopted Growth Management Plan, as opposed to only 15 projects two or three years a~;o. ~{e said all of these projects need to be completed in the next five years. He stated because of the complexity road construction it i/is taking three and one half years to get a project prepared before co~struction even begins, and nearly five years to complete a project. Page 5 3 December 18, 1990 , reported Transportation Services currently has only four project ~tneers to handle a work load that has been increased by 300~. ~-~: County Manager Dorrill suggested that immediate attention be paid ~.. to developing a project management section within the Transportation Division to handle the 300~ increase in road projects that are in many instances already falling behind. He also recommended developing improved procurement procedures by involving the Citizens Productivity Go~umittee for their input on cutting back the extreme amount of time it is taking to get from initial inception to actual construction. County Manager Dorrill concluded his proposal by stating the need for a director, four engineer/project manager positions and one en~;ineer~ng technician position, as well as one or two secretarial s. He said the alternative would be to revisit a moratorium and/or lower the level of service on County roads by putting off some i'of the road projects. C,~mmissioner Saunders asserted that the Board may need to establish pr/or/ties and possibly postpone a number of projects ~!~.because in reality, the funding is not in place for al/ 50 projects. He said until that funding is in place, it would be foolhardy to hire people to build those projects. '~ ' Commissioner Shanahan stated that the deficiencies in State and CouJlty roads have been identified many times. He agreed that they should ~-_ dealt with incrementally and also that the Board cannot ~anticipate approval of an additional tax. He declared, however, that Board made a unanimous commitment to develop a County-w/de spe- olal assessment to pay for the roads and that obligation needs to be seed. He said he has no problem with re-establishing priorities, ..i~b%lt this entire issue needs to be addressed and resolved. Commissioner Saunders agreed that the commitment was made to lish a County-wide special assessment district, and he will not ~'vote to hire contract employees until that is established. / C~t~oner $hmnahan ~md, seconded b~ Commissioner Goodn~ght : ,: Dmcm~mr 18, 1990 . u~l~lmma~ly, to accept the GI~ ~~t '~. ~~ oT ~ ~c~tton to htr~ c~tract ~1~ ~./: ~~ ~ C~ ~~ to r~ In J~ w/th ~IC~ ~~S ~IFICA~ 0F ~LIC CO~I~ ~ '~ ~ ~IOD 0F ~99~-~992 - ~~D Commt~mtoner Smundars moved, seconded ~t~ ~1~, t~t the 0~t~ ~ ~thortzed to mt~ the ~.. ~ ~tcal ~lcle Certificate of ~bltc Con~ntence '~l~t~ for ~ ~rt~ of ~991-1992. Page 55 December 18, 1990 $~RVIC~ C~RTIFICAT~ OF ~LIC C0~I~C~ 1991-1992 - ~0~D Ce~salon~r Smundere ~ov~cl, eeconded by Conis~t~ner $hanahmn and ~t~ ~lces Cer~iftcate of ~blic Conv~tence ~d for ~ ~rl~ of 1991-1992. Page 56 December 18, 1990 ~ Cl~rk ~offm~n ~eplmcm~ Deputy Clerk ~uevin at this time PEELE WORK AUTHORIZATION NO. ~33 TO PREPARE AN ~ ~ ~R ~ ~LIC~ ~y I~O~ Assistant County ManaGer McLemore explained that this Item was 'continued from last week's meeting, as requested by the County Attorney. He noted that a request is being made for authorization to ~,~%Pr~ceed with the master planning of the Pelican Bay Water/Sewer ~.District. He affirmed that the documents are substantially completed and to the satisfaction of County Attorney Cuyler. In answer to Commissioner Shanahan, Mr. McLemore advised that this project ts funded through the Pelican Bay Improvement District. Assistant County Manager McLemore reported that Wilson, Mtller Barton & Peek ts the District's engineer and through the years, they ilhave developed the knowledge of that system. He remarked that from an ~ efficiency standpoint it is best to continue with the firm that :ands the system. (;mm~LiWio~mr Sl~mz~mhan moved, seconded by Commissioner Goo4ni~ht · m~lml¥, to mpprov~ Work Authorization Io. 33 for [ila, ltller, B~rton i Peek to prepare an update to the uttltty ~asrter plan for the Pelican Bay Inprovement District. County Attorney Cuyler noted for the record that the action as ts approved by the Board, as the Commission succeeding to the principal functions of the Pelican Bay Improvement Dlstrtct. Page 57 December 18, 1990 APPO~ TO ~ COLLIER COUNTY TOURIST Cltlltt~,~ POl'l'~, A. ~. ffit"~Ol~, S?AN BRI~II~o ROSS AND DAVID HIGHMARK; RICHARD LYDON & CONNI~ Assistant County Manager McLemore stated that this item is a request for the Commission to appoint members to the Collier County :! To~lrist Development Council. He noted that the Executive Summary lists those persons who have submitted resumes. Mr. McLemore pointed out that the Board will need to determine :'whether the Chairman of the Commission or a designee wi]] serve on th~: cotln¢il. It was the consensus of the Commission that the newly Chairman will represent the Board of County Commissioners. ::'~ Mr. McLemore advised that the City of Naples will appoint their ;representative at their next meeting. .+ ' The Commission affirmed the recommended appointment of Robert 'Robinson to represent the City of Everglades. Assistant County Manager McLemore requested that the Commission &ppoi~t three owner/operators of motels, hotels, recreational vehicle !:! parks or other tourist accommodations and three non-owner/operators. Commissioner Volpe recommended A. M. Cherone, John Ayres and Start Bruns as the owner/operator members. Co~'lssioner Shanahan recommended Stan Bruns, t,. M. Cherone and Popper as the owner/operator members. Ce~i~io~= Shanahan moved, seconded by Commissioner Goodn.t. ght carried ~ly, to appoint Stan Bruns, A. M. Cherone and ~le~ Popper mm ~lmers representing the Owner/Operators of Tourist Commissioner Saunders recommended the appointments of David Bradock and Connie Moody to represent the Non-Owner/Operators. Commissioner Volpe recommended David Highmark, Richard Lydon and Nancy Schuster. '~ Co~missioner Hasse recommended the appointments of Ross Obley, Schuster and Richard Lydon. P~ge 58 December 18, 1990 .Commissioner Goodnight indicated that Zac R. Lucio has submitted a res~e for consideration and noted that the Commission previously Dressed to the Hispanic Chamber of Commerce that members from the )a~tc community would be involved with the various advisory boards but no applications for consideration had been received. Commissioner Saunders stated that he has received 50 letters in support of Connie Moody and urged the Commission to appoint her. Mr. Victor Valdes, representing the Hispanic Chamber of Commerce, stated that Hispanic people are needed to be involved with the com- mu/airy affairs of Collier County. He indicated that the Hispanic Chamber of Commerce supports the appointment of Zac Lucio to the Tourist Development Council. >~"~ Mrs. Gale Scott, President, Fine Arts Society, called attention to ithe many letters, petitions and telephone calls received by the Co~mission, recommending Connie Moody to the Tourist Development Council. · She remarked that she feels very strongly that an arts oriented person should serve on the Council since a certain portion of 'the funds are designated for arts and cultural events. Attorney John Cardt]lo, Vice President, Fine Arts Society, recom- mended the appointment of Connie Moody to the Council. He stated that Ms. Mot'dy has extensive arts related experience including grants deve- lopment and cultural development of tourism. Commissioner Shanahan recommended the appointments of Nancy Schuster, David Highmark and Ross Obley. C,,4~t.~-sion~r Volpe ~:m?ed, seconded by Commissioner Soodni~ht and ''~i~ ~~ly, to a~tnt N~ Schuter, Koss Obl~ ~d ~:~~ ~ t~ N~-~er/~rators, with Rtc~rd L~on ~d ~~ ~ Alte~tee~o~~d that Resolution 90-628 ~ ~opted. ~ ~ 4:30 P.M. ''Rec~e~ 4:40 P.M. APPLY FOR A PRELIMINARY DEV~LO~ Off R~GIONAL IHPACTWITH DCA FOR ~ · x~ozrm~s ~. tax ~o~ 0y s?5,ooo FOR Assistant County Manager McLemore explained that the objective of this Item is to acquire authorization for staff to apply for a prell- December 18, 1990 mtriary Development Agreement and Development of Regional Impact with the Department of Community Affairs for development of the industrial and commercial areas of the Immokalee Airport. He indicated that staff I8 presently negotiating with seven different entitles and It is anticipated that at least two leases will be presented to the Conlsston within 30 days. Mr. McLemore advised that there are no costs associated with the ar¥ Development Agreement (PDA) application, however, there is ~all obligation of fees relative to the DRI process for an estimated $35,000- $75,000. M~'. McT. emore explained that staff's participation will be maxi- sized in the DRI process to minimize the costs. He noted that there will also be costs relating to englneerlng services which will be pre- sented to the Commission on January 8, 1991. Clerk Giles remarked that if government property is used ctally, It may affect the exempt status. County Attorney Cu¥1er con- curl'sd, noting that the governmental status and tax exemption may be lost. In answer to Commissioner Volpe, County Attorney Cuyler advised that wi~,~n this type of property ts rented and the tax exempt status is lost, the lessee is required to pay the taxes on same. Mr. Victor Valdes, representing the Hispanic Chamber of Commerce, ~volced support of the development of the commercial and industrial ~{tacreage at the Immokalee Airport. He indicated that this development ~:~.;wtll Increase ~ob opportunities and the economy in Immokalee and will decrease the need for public aid tn this community. Ms. Beth Rice, representing the Economic Development Council of Collier Gounty, read a letter from Mr. Ross Obley, recommending that the Co~.~t~ston approve the initiation of the DRI process for the deve- lopment of the Immokalee Airport and its industrial park, and offering ilithe commitment of the EDC to follow through and help the County market i~ these facilities as they become available for use. ~d~to~ St~ a~o~ed, ~ecoz~ed b~ Conissfonmr Soo~night · 000 , 155 ad,~r~i~d ~i~o~sl¥, to ~thorize staff to a~ly f~ a ~elimt~ ~~t ~t with ~i for t~ I~lee it~rt~ ~pply for ~ ~l~t of ~t~1 I~t etth ~i; ~d the e~ndt~e of up to . I~SOI~TI01~-~0-629 COI~J~NTING TO THE EXERCISE OF ANY JURISDICTION OR ;":'.IN~t ~T I~ DI~CT BOARD OF TH~ COLLIER COUNTY WATER-$~ DISTRICT Assistant County Manager McLemore explained that the objective of i!,iL this Item is for the Board of County Commissioners, as the commission * sllcceedinG to the principal functions of the Pelican Bay Improvement ~i'~'Dtstrict, to resolve and execute a resolution for the purposes of pro- g an express written consent to the Collier County Water-Sewer ict as having all right and authority to exercise any Jurisdfc- <,'tion or power over properties located within the boundaries of the Pelican Bay Improvement District. .-~. Nr. McLemore explained that the actions taken by the resolution 1 effectuate the ability of the Collier County Water-Sewer District ;:to take actions within the Pelican Bay Improvement District. Mr. Russ l~:~dge, member of the Board of Supervisors of the Pelican 1~¥ Improvement District, stated that he question, the proposed reso- lution since it appears to be a matter of legislation by agreement and the County Commission is both of the parties. He noted that this is the County's flrst step to dissolve the PBID in merging the water- ~er activities in the best interest of Pelican Bay. He cited }ddtsa~'eement that this ts In the best interest of Pelican Bay since monthly bills will be increased over 57% and this does not take into account, a possible County rate Increase next year. He indicated that ~not only will Pelican Bay customers be paying higher rates, but Collier County will be taking over assets in excess of $25 million '..which have been provided by the Pelican Bay customers and developers lWitho%lt any contribution of County funds. He suggested that the Co~mission carefully consider the consequences of a reversal of Judge PaGe 61 December 18, 1990 iBlack~ell's ruling by the Second District Court of Appeals Mr. Bernon Young, Vice-President Pelican Bay Property Owners Association, stated that the timing on this item may be inappropriate, a/~d requested that the Commission refrain from taking any action untfl the discussion for Item 9H6 has been heard. Assistant County Attorney Lawson advised that the resolution pro- !:~vides that before the District Board of the Collier County Water-Sewer District can exercise it Jurisdictions and powers in that portion of the District that encompasses the PBID, there needs to be a written consent of approval. He indicated that State Legislation has already given the Commission the authority to deal with this locally and :'.recommended that the Resolution be adopted. Item 9H6 was heard prior to taking any action on Item 9H5. Ck~ut~stoner Shanahan moved, seconded by Co~-isstoner Goodnlght !.t,'~ ~x~ted~tmousl¥, that Resolution 90-629 be adopted. Page 62 December 18, 1990 D~'w-~l~D; ORDINANC~ 90-111, CRF, ATING TH~ PZLIC~ BAY · ~'V~ TAXING ~ B~I~FIT UNXT - ADOPTED ~ AKKNDZD County Manager Dorrfll explained that this is an emergency ordi- ~ nance public hearing to create the Dependent Pelican Bay Municipal ilService Taxing and Benefit Unit. He noted that this is being proposed as afl emer~jency measure since the legislation must be adopted prior to i?~Jar~uar~ l, ~991, in order for the Property Appraiser to certify the .~ rolls in the event that either ad valorem taxes or special ~<; asses~ents are levied within the Pelican Bay community. Cowry M~ager Dorrtll advised that the basic mechanisms are iden- ~t~cal to the current PBID w~th one exception. He noted that ~ between the Foundation at Pelican Bay ~ndicate that there ~s ~ ~nterest to have extra police protection. He affirmed that the T~n~ D~str~ct would allow for extraordinary law enfor- cement protection under contract between the Board of County ~Co~ss.ioners and the Sheriff if this is one of the Municipal Service its that are desired. He reported that the mechanism for ~ the Co~ission on those Benefits is a proposed Dependent Adv~so~ Board. He stated that this District will cease to ex~st upon eff~ctive date of any successful incorporation drive within the ~'.:co~nity. He related that the Commission may p~ck and choose both ad :'~.valorem t~es and special assessments for any of the services con- ~. ~atned on the advice of the Advisory Council. C~ty Attorney Cuyler advised that a 4/5's vote of the Commission ~s r~fred tn order to declare the emergency on the basis as outlined C~ty Manager Dorrill. He Sndicated that a 4/5's vote ts not to adopt the ordinance. .: Mr. Bernon Young, Vice-President, Pelican Bay Property O~ers, stated that by handling this as an emergency ordinance, will open up a 's Box". He noted that if people are to be taxed under a [~ic~pal T~fng program, It should go to a referendum. He ~ndlcated .t~t he ~s surprised that the Co~lssion has the power to create a ~., Page 63 December 18, 1990 pal aervice t~x in Pelican Bay without the vote of the people. /.Be related that when build out occurs, there will come a point when the actual costs currently being assessed on an acreage basis would be equal to what the ad valorem tax would be. He stated that this is an existing District and there are already several MST's within Pelican Bay. He noted that what the Commission is try]n9 to do is not com- 'l~atible with what is intended for.the future government of Pelican 'Bay. He indicated that there is no urgency and suggested that this i issue be conducted on a hearing basis. Mr. Graeme Hunter, Director, Pelican Bay Foundation, related that 'there is no emergency. He noted that there is a contract for $ec~lrity and additional security from the Sheriff's Office by other arrarlgements which runs through May, 1991. He cited that there is no need for a taxing district since $250,000 has been allocated for spe- cial security at Pelican Bay. Mr. Russ Mudge stated that the Pelican Bay Foundation pays for .~'sec~r~t~. through an annual charge to every residential unit owner of 210 per unit, noting that n~w owners pay an initiation fee of $1,000 ~which goes to the capital funding. He cited that there is no y but the proposed ordinance transfers th~~ remaining PBID 'ful%ctions, other than water and sewer to the Municipal Taxing and Unit. He provided examples of the differences between sments and ad valorem rates and expressed that there w~ll be substantial increases, noting that this is upsetting to the people of i?~.Pelican Bay. He requested that the Commission reconsider this matter allow a good discussion in this re~ard. !" In answer to Commissioner Volpe, County Attorney Cuyler advised J~that~i.. even at some later point, if the Board is to fund this unit, it iW0mld take further action to do so, and this could be done through ~u~sessments rather than ad valorem taxes -County Manager Dorrlll explained that the emergency nature of this ~s that the Board will be unable to do anything relative to a 000 160 Page 64 December 18, 1990 District unless the District is legislatively created by Commissioner Saunders affirmed that the primary objection is the that there will not be adequate public hearings relating to ~sessing properties in 199! if that becomes necessary. He suggested that a condition of approval' indicate that before any tax is levied p~uant to the ordinance that there be one or two public hearings to be held in Pelican Bay. ,, Mr. Young stated that his preference is that the Commission obtain the information from the public hearing prior to making any decision. ' Assistant County Attorney Lawson suggested that appropriate mem- bers of the business community, the prime developer and persons from the property owners association serve on the nine member advisory com- Co~/nioner Shanahan moved, seconded by Commissioner aoodnight ,,amt CmzTled 4/1 (Co-missioner Volpe opposed), that based on the svt- ~' ~ a,~ nb~ttted by Staff, the~e Is cause to declare an emergency '"~: ~amd to'condu~t a public hearing in reference to the ordinance Colmm~satoTtmr Shanahmn moved, seconded by Commissioner Goodni~ht t'~d'~xT~d ~i~ou~l¥, that the Ordinance as num, bered and titled ,~i:-belo~be ~doptmd, and a~ended to reflect thmt a nine member advisory ~ m p~rt of same, and that prior to consideration by the ~Ion to exercise any taxing powers under the MSTU that there ;",~,!!~be &ppx~;plyiatm uewspaper notification and that a public hearing be ~d at Pelican Bay for the purpose of receiving input from the &~l~rybomxd and the residents, and entered into Ordinance Book No. ORDINANCE 90-11I AN EMERGENCY ORDINANCE CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; SETTING FORTH THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR SUPERCESSION, REPEAL AND CONSOLIDATION OF PRIOR ORDINANCES RELATING TO STREET LIGHTING; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CONSTRUCTION; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. time a ~otton was ~mde with re~ard to Item 9H5. O00 , , lBi Page December 18, 1990 BID~90--O13 TO FtFRNISH MODIFICATIONS TO TH~ DIGESTER OF PELICAN BAY ~v. ~ DI~"I~RICT'S WASTEWATERTREATMENT PLANT - AWARDED TO ~ ~ ~I~ELL & ~TAI~K IN THE AMOUNT OF $270,918.40 Mr. James Ward, Assistant District Manager, Pelican Bay ,rovement District, stated that this item is a request for con- ion to award the bid for modifications to the digester which part of the PBID's wastewater treatment plant. He reported that two bids were received, noting that. the low bid was submitted from & Stark Construction in the amount of $270,918.40, and recom-- ~ended the award of same. ~~r Shanahan ~v~d, seconded by Conissioner Volpe m~d S/O, to ~d Bid ~0-013 to Mitchell & Stark Coutnction in ~ of 8270,9~8.40. Due to the lateness of the day, it was the consensus of the i~Com~lission to continue this item until 1/8/91. I~E~F'.~ON 90-~$0, I~--~kPPOINTING RICHARD JANDR0, RONALD PRITCHARD AND Administrative Assistant to the Board Filson stated that a press i~'release was issued with regard to the expiration of the terms of three of the Isles of Capri Fire District Advisory Committee but no ~[ resumes were received. She advised that the three members have i ex'pressed a desire to be reappointed to the committee. ~t~toner ~m~nder~ ~oved, seconded by Co~issioner S~ ~d December 18, 1990 :[.]~ESOLIITI~ 90-631, APPOINTING WILLIAM L. PENNKLL & REAPPOINTING LOIS :i· '(31XI3[ T~ TH~ ~ FIRE CONTROL DISTRICT ADVISORY C0JOIITTKK - ~ioner Shanahan moved, seconded by Commissioner Ssunders and '::' curried:3/0, to 8ppoint #illin L. Pennell and reappoint Lois Green to ;;ii~ t~e ~ It~e Control District A~visory Coatttee and that ~)-~3! be adopted. Page 67 December 18, 1990 DTSCUB~OB[ lq~ RF. SOLUT~ON ESTABLTSH~G A ~NO P~IMG ZOO' IN It was the consensus of the Co~lssion to continue Item 12D to It was the consensus of the Co~ission to continue Item 12E to It was the consensus of the Commission to continue Item 12F to 1/~/91. !'IKIJBJ~L O~ BZD 11'0. 88-1333 TO PROVIDE KU~ALYPTUS MULCH FOR LA]qDSC~ ~~ DURlq%~ lmf 90/9Z - AW~ TO ~CTION ~S~ IN ~ ~ Commissioner Saunders explained that he requested that this item be removed from the consent agenda and placed on the re~ular agenda istnce there was an article in the Naples Daily News indicating that County already had the material and there was no need to purchase '., Assistant to the County Manager Olliff advised that mulch material currently being produced at the Landfill through biomass and ~shreddtng processes and is being used in testing .tn the County's main- t rained landscaped areas. He explained that the Beautification Districts opted not to use this material since it is not quality rolled mulch material. '.~:;'C~l~Loner Shanahan moved, seconded by Couissioner Saunder8 and S/O, to ~d the contract for eucalyptus ~ulch material to ~er~ Product~, Inc., tn the ~umount of $46,211.50. ~&~ TO ME~T WIT~ SHERIFF TO DETERMINE ADVERTISIN8 DATE RE ~. P~:J~LZC ~ TO COI~JIDER AN ORDINANCE CREATIN~ THE COMBAT AUTOttOBILK · Assistant County Attorney Weigel advised that the draft ordinance · , as contafned In the agenda package has not been reviewed by the County ~ 000P~[166 Page 68 December 18, 1990 "s Office and that proper advertising time should be taken into consideration. the Co~ntyAttorn~/ ~t with the Sheriff to deter- · n-m~geopri&ta date to a~rtt~ for a ~blic he~tng. ~*~TION FO~ AFPROVAL OF AGREEMEF~ BETWEEN THE BOARD AND TEE ~P.I'FF'g 0FFIC~ FOR GROUND~ MAINTENANCE - CONTINUED TO 1/8/91 !'i: It was the consensus of the Commission to contlnue Item 13B to "' ~ $** ' Ce~tutoner Shanahan moved, seconded by Coamiestoner ' Saunters and carried 3/0, that the following items under the consent agenda be approved and/or adopted: "Ira tl4Al "~.i'~'L"]I~T~ OF SEClIEITY FOE EXCAVATION PEILMIT NO. 59.402 'WOODSTON~' ."- See Page ~ON ~{)--632, AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY, See Page /7F : lte~ ~4&4 Accept the Maintenance Bond as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. Preliminary acceptance of improvements will not become effective until water and facilities have been conveyed to Collier County Water-Sewer District. See Pages / 79-- /Fl FOR EXCAVATION PERMIT NO. 59.368 "ISLAND See Page:: /F~ · ~.~{~i':F][N~I~ p~l~T OF "I~)OD~JTONE" - WITH STIP~ILATIONS 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 lncompleted improvements and " 000 i67 · ~,.. Page 69 December 18, 1990 that construction shall be completed within 36 months of the date of this approval. Chairman to execute the Construction and Maintenance Agreement. That no building permits be issued until the final plat is recorded. __I~?_OL_~TXON 90-634 APPOINTING SUSAN USHER & JOHN YONKOSKY AS PERSONS TO ~U~__iK~NFt;N~S AND RUSSELL SHREEVE & JEANICE HIGHTOWER TO SET UP P~J~,A~'~I~ R~ RENTAL R~NA~ILITATION PROGRAM DO&-90-? ~ TO TH~ 'LELY RESORT COMMUNITY' DEVELOPMENT ,IC HEARIB~ S~T FOR JANUARY 8, 1991 OF "NA~E~RIDGE UNIT ONE" - 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. 4. That the MSTU for the stormwater pump station be established ~,;. prior to preliminary acceptance of the subdivision improve- ~ '.:' men t 8. See Pages _ /q~ -/ F~ 0~' "L~RINT~AW ~%RDKNS AT WORLD TENNIS CK1TTER" - WITH 1.4A10 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. See Pages Page 70 December 18, 1990 COUrTS, TAt CENTER~ PHASE TWO' · ~OL~TI~ 90-635, PROVIDING FOR ASSESSMENT OF LIEN FOR TH~ COST OF :.&B&T~I~IT ~ P~BLIC NUISAN~ RE COMFLIANCE SENVICES CASE NO. : 90--O~-01S18, ~LOCE 39 LOT~ 29 -32, 0~TRK~S OF RECORD RALPH W. TAYLOR, ' N. JEAN TAF~Ra AND KEIT~ I. TAYLOR See Pages ]~ESOE~T'Z0~ 90-6S6, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF "'AB&T~ENTOFP~IBLIC NUISANCE RE COMPLIANCE SERVICES CASE NO. 90-05-02185, LOT 5, BLOCK 8, NAPLES MANOR LAKES, OWNERS OF RECORD T~OMA~ SA~ZALONE AND LORRAINE SANZALONE · See Pages ~//-- ~/~ ., Item .l~kl lc *'~O~l~ION 90-637, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF '*" ~ OF P~BLIC NUISANCE RE COMPLIANCE SENVICES CASE N0. 90--0~2, ~ 40, BLOCK 206, MARCO BEACH UNIT SEVEN, OWNERS OF ~tECO~D JOH~ W. SAJ~WICH AND GAR~ P. SAJEWICH See Pages ~/J -- ~ /~ 90-~S8, PROVIDIN(~ FOR ~SES~ OF LI~ ~R ~ COST OF ~IC ~S~ ~ C~I~ ~~S C~ N0. ~ 32, S3, ~ 34, B~ ?, N~ES ~OR ~ION, ~;fr':~ ~~ 90--639, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ~.'! "AB&T~NT O~ ~IC ~IS~ ~ C~I~CE S~VICES CASE NO. ~: "~5-01086, ~ 43, BLO~ 74, GOLD~ GA~, ~IT 2, ~ 0F ~C0~ :~ ~ R. ~~, ~GIST~D AGE~ ~R ~EY'S V~I~ STORE, INC. ~~ ~640, ~DING ~R ~SES~ 0F LIEN FOR ~ COST 0F ~*'~'~~ ~ ~IC ~IS~ ~ C~I~ S~I~S CA~ NO. ~~262~, ~ 10 OF BL~ ~A~ IN ~ ~~ S~DIVISION, ~S See Pages ~-~41, PROVIDING FO~ ASSESSMENT OF LIEN FOR TH~ COST OF .OF P~TBLICNI~ISANCE RE COMPLIANCE SENVICES CASE NO. ,*LOT 17, BLOCK 13, OF NAPLES MANOR ADDITION, OI~RER OF ~-~i/AM D. COLLIN~ III, TRUSTEE ITF FLORIDA SUNBELT I~RTGAGE 000 Page December 18, 1990 90--642, PROVIDING FOR ASSES51~ENT OF LI~ ~R ~ COST 0F ~~2~29, ~ 2, BL~ 4, N~ES ~OR ~DITION, ~ OF ~C0~ ~ ~ ~AIDA D~ 90-643, PROVIDING FOR ASSESSMENT OF LIEN FOR TH~- COST OF OP PUBLIC NUISANCE RE COMFLIANCE SENVICES CASE NO. ' ~0--0~727, LOT 4, BLOCE 141, GOLDEN ~AT~, UNIT 4, ~ OF ~C0~ See Pages J~' ~aA See Pages 90-645, FROVIDING FOR ASSESSmEnT OF LIEN FOR ~ COSY OF OF I~SLIC NUISANCE R~ COMPLIANCE SaW, VICES CASE NO. ~O-0~O2S52, LOT 1, BLOCK 12, AMENDED PLAT OF NAPLES MANOR EXTENSION OM~.OFN~C~::~D DAVID DELP ' See Pages I~FEI~ 90-648, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF AB~X~TOFPtr~LIC NUISANCE ~ C~I~CE S~CES C~ ~. ~2~81, ~ 16, BL~ 9, N~ES ~0R ~X, ~RS 0F ~C0~ ~ ~ ~ ~ ~SITA ~DEZ - See Pages ~~~ ~~____ ~:~']~:SO~TIGN *0-647, PROVIDIN~ FOR ASS~SS'M~]~' OF LI~ ~R ~ C~ 0F ., ~ ~IC ~S~ ~ C~I~ S~S CA~ NO. ~2925, ~ 29, BL~ 218 ~CO B~ ~T S~, ~ OF ~ ~I~ ~ R~ P.E.V. B.V. ~US~E See Pages 90--648, PROVIDING FOR ASSRS~RT OF LIEN FOR ~ CO~ 0F ~~665,. ~ 5, BL~ 418, ~CO B~ ~IT N0. ~I~, ~S S~VA~ CA~LI ~ ROS~ CASTELLI ~14&11o See Pages ffi 000 170 Pa~ 72 990 I~IB~KsUT~OgJOO--649, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF OF P~BLICNUISANCK RE COMPLIANCE SENVICES CASE NO. 90--03--00148, LOTS 6 AND 7, BLOC~ 13, NAPLES MANOR LAKES, OWNERS OF I~:X~D~ CACEI~.~ AND NOE CACER~S I~KSOLUTION 90--650, PROVIDING FOR ASS~SSMRNT OF LIKN FOR TH~ COST OF ': AB&T~iI~Ff OF PUBLIC NUISANCE RE COMPLIANCE S~I~F~CE$ CASK NO. ,''' 90-OJ-O2692, LOT 26, BLOCK 231, UNIT ?, GOLDKN GATE, OWNER OF RECORD CHAKLES B. BOLTON 1tim f~lq See Pages ..RI~LOT~0N ~0-651, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF ';~:[.~-iBA,eBisrf OF P~SLIC NUI$AFY~ RE C0MI%IANC! SERVICES CASK NO. '. ~2148, T~3T 2, BLOCK 68, MARCO BEACH UNIT 2, OWNER OF RECORD ~?~~ 90-652, PROVIDING FOR ~SKS~ 0F LI~ ~R ~ CO~ OF ',:/.-~.~~ ~ ~IC ~S~ ~ C~I~ S~CES CASE NO. :."~462, ~ 13, ~ 4, IN ED~ P~, ~ OF RECO~ PA~ LEE PRELIMINARY ACCEPTANCE OF THE KOADWAY, DRAINAGE, IMPROVK3qI~TTS FOR TIFK FINAL PLAT OF '951 CO~qERCK Accept the irrevocable letter of credit (posted with the Clerk) as security for maintenance of the infrastructure until the Board of County Commissioners grants final accep- tance of all improvements. Authorize the Chairman to execute the Resolution authorizing preliminary acceptance. 3. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to ..'.!. Collier County Water-Sewer District. [.: See Page. z~ and OR Book 1~21 Pages 305 -'.~!~ ~ to 9B1 ~~ A~H~NT BETWEE~ COLLIE~ COUNT~ AND TH~ SO~TH ~ CAH ASSOCIATION, INC., ~NICH PROVIDES ~ THE U~E OF A ~-i~' P~T~ OT TH~ ~ AIN/~ ON JANUANY 6, ~991 AND JANUANY ~, " ~__~lf FOR AN A~T~O CROSS AND LOM SPEED RALLY RACE O00P , 171 Page 73 See Pages December 18, 1990 AGREEMENT WITH NEOPOLITAN ENTERPRISES CO. ~ ~ R~ C~ ~CI~ ~ IN 000 TASK FOR~ FOR TH~ HOMELESS FOR EIGHT PAREIN~ !~A~E~E~T BEI"WE~ _I~DERSON, YOUNG & CO. INC. ~ CO~I~ ~ ~ ~~~OO ~ .COLLIE~ SPORTS OFFICIALS ASSOCIATION FOR PROVIDING OFFICIALS FOR COUNTY SPONSO~D ACTIVITIE~ SeePages .... '-"~~wr TO Laasz a~ B~ T~ BOARD 0F See Pages ~ ~ ~ZLT ~ CO~~ ~., r~C., AT BLO~ 'D=, CO~ See Pages FO~I,~ AN ~ FACI_____~LITIE$ AT WYNTREE ESTATES See Pages Page 74 ? '.."OF ~FFFIC~ ~PACE AT T~E VILLA~ FALLS AT NAPLES ON A MONTH TO MONTH See Pages TO ~ A~]~H~MENT BET~'EEN WAYNE K. HESS0N, CPA, AND THE ~ OF ~ CO~fISSIONERS FOR THE SHERIFF'S OFFICE SPECIAL OF~,~T"/ON~ DMSION'S CONTINUED USE OF OFFICE SPACE AT THE VILLAGE FALLS AT NAPLES ON A MONTH TO MONTH BASIS See Pages ~ ~N~UAL CONTRACT ~ ~I~ S~~ ~ G0~, ~, ~R ~ATION 0F ~ ~~ ~I~'S ~ ~ OF $23,150 See Pages ~- ~ ~'.4F1 Cont ~ SeePages TO OBTAIN APFRAISALS RE ACQUISITION OF DRAIHA~ AND ~ ~ITNIN SECTION~ 3 AND 10, TOWN~HIP 49 $OIFTH, ~AN~E TH~ PIN~ HIDG~ INDUSTRIAL PAPd~ MUNICIPAL SENVICE TAXING UNIT k 'L~tF~ TO JANUAR~ 31, 1991 AND AUTHORIZATION TO RELEASE TO ~ ~'/TH ~ORA/MC~AH~"f/L~ ASSOCIATES IN ~ L~ HKAD~AI~I'~]~ ~ITION ~ ~D~ING See Pages to. ~8 ~~FOH CO~/~ECTION TO T~ TAX ROLLS AS PRESEFI'ED BY THE ::';, :: .' ! 988 '$. 282/294 000 ! 73' Dated 12/03/90 Page 75 December 18, 1990 ~?. i R0'S. 242/254 !989 Dated 12/03/90 *:~NO::**~ .122 '.:NO"s. 127/136 "RO. 138 N0's. 50/54 1990 Dated 11/30/90 Dated 12/03/8 12/05/90 Dated 12/11/90 TANGIBL~ P~SONAL PROPERTT Dated 12/07/90 - 12/11/90 The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: Letter dated 12/08/90 to Chairman Hasse from James C. Giles, Clerk of Courts, re 1990-91 Ad Valorem Taxation Report. xc: Budget and filed. 3e ¢i-;' 4. Memo dated 12/05/90 to Al/ Local Governments, Eligible Entities, Migrant and Seasonal Farmworker Organizations and Other Interested Parties from Lewis O. Burnside Jr., Director Division of Housing and Community Development, Department of Community Affalrs,- re Notice of Funding Ava/lability - Community Services Block Grant Local Goven-nment Share Cycle. xc: Russell Shreeve, Neil Dorrill and filed. Letter dated 12/06/90 to Chairman Hasse from Robert G. Nave, Director Division of Resource Planning and Management, Department of Community Affairs, re petition filed by 'Citizens Political Committee, Inc., and James K. Kessler. xc: Neil Dorrill, Bob Blanchard and filed. Letter dated 12/04/90 to Chairman, Collier County Board of County Commissioners from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re Collier County - WRR File No. 111897455. xc: Nell Dorrill Bill Lorenz, Frank Brutt and filed. ' Letter date 12/06/90 to Chairman, Collier County Board of County Commissioners from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re Collier County - WRR File No. 1118989335. xc: Neil Dorrill, Harry Huber, Frank Brutt and filed. Letter dated 12/05/90 to Commissioner Shanahan from Don W. Berryhill, P.E., Chief, Bureau of Local Government Wastewater Financial Assistance, Department of Environmental Regulation, enclosing 1990 Wastewater User Charge Survey. xc: Nell Dorrill, Mike Arnold, Frank Brutt and filed. Letter dated 12/06/90 to Chairman, Collier County Board of County Commissioners from Jon M. Iglehart, Environmental Specialist, Department of Environmental Regulation, re Collier County - W-RR File No. 111898205. xc: Neil Dorrfll Frank Brutt, Bill Lorenz and filed. ' 11. 12. 13. 14. 15. December 18, 1990 Letter dated 12/07/90 to Chairman Hasse from Robert L. Patton, Controller, Collier County Tax Collector's Office, re dfstri-- bution of Current Ad Valorem Tax to the BCC after Tax Collector's commissions, xc: Filed. Minutes Received and Filed: Golden Gate Parkway Beautification agenda for 12/11/90 and minutes of 11/14/90. Florida Transportation Commission agenda for 12/13/90. Information and Referral Blue Ribbon Task Force Committee agenda for 11/29/90. Marco Island Beautification Committee agenda for 12/4/90. Financial Statements dated 9/30/89 for the North Naples Fire Control and Rescue District, prepared by Wentzel, Berry, Bartlett & Swope, P.A. xc: Filed. Notice to Customers dated 11/30/90 of Approval of Interim Rates for the Southern States Utility Services, Inc., with the Florida Public Service Commission. xc: Mike Arnold and filed. Letter dated 12/03/90 to Collier County Board of County Commissioners and Department of Insurance State of Florida, from Attorney Bruce L. Scheiner, representing Charles Russ, D/A: 11/16/90. xc: Ken Cuyler Nell Dorrtll Jeff Walker and fi/ed. ' ' News Release dated 11/30/90 from Patti Nicholas, Office of Communications, South Florida Water Management District, re New Permit Application Fees to take effec'c in January, 1991. xc: Nell Dorrtll, John Boldt and filed. News Release dated 11/30/90 from Patti Nicholas, Office of Communications, South Florida Water Management District, re New Permit Application Fees to take effect in January, 1991 XC: Mike Arnold and filed. ' Memo dated 11/29/90 to LEPC Members from John L. Gibbons, Southwest Florida Regional Planning Council, re Everglades City & Daniels Food 304 Violations Cases. xc: Mike Arnold and filed. OOO 175 Page December 18, 1990 There being no further bus,ness for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:50 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF ' :4: '~: SPECIAL DISTRICTS UNDER ITS CONTROL ~pproved by the Board on or as corrected 000 176 Page 78