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BCC Minutes 12/12/1989 R Naples, Florida, December 12, 1989 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and hav~ng 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, w~th the fo/lowing members present: CHAIRMAN: VICE-CHAIRMAN: Burr L. Saunders Max A. Hasse, Jr. R~chard S. Shanahan Michael J. Volpe Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosk¥, Finance Director; Maureen Kenyon and Ellis Hoffman, Deputy Clerks; Neil Dorrill, County Manager; Ron McLemore, Assistant County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, County Attprne¥; Kevtn OtDonnell, Pu'~11c Services Administrator; George ~ ~nibald, Transportation Services Administrator; Frank Brutt, C~t~munity Development Administrator; Jeff Perry, MPO Director; Mike Arnold, Utilitles Administrator; Jim Butch, Chief Environmental Specialist; Bob Lord, Planner; Sue Filson, Administrative Assistant to the Board; and Deputy Sam Bass, Sheriff's Office. Page December 12, 1989 TaI~ #1 AGENDA A~D CONSENT AGENDA - APPROVED NITH CHANGES Comitsioner Shanahan m~ed, seconded ~ Co~sstoner Goo~igh~ ~ c~l~ ~i~ly, a~r~ with 1. It~ 12A r~rding reconsideration of Petition AV-89-022, 2. It~ ~4E4 reg~d~ng B~d 89-~490 - ~ OF ~~ ~TIN~ OF OCTOB~ ~~ ~ ~S~D Coma~sgloner Huee moved, seconded b~ Couulesioner Shanahxn ~d c~ri~ ~i~ly, t~t the atnutes of the re~lar ~etin~ of 0~obr 31, 1989, ~d X~m~r 7, 1989, ~ a~r~ed ~ preo~tH. ~ OF ~ ~ ~S~ED TO DA~ B~~ Co~tsstoner Saunders read a letter and presented '~.me to Da~ Breheney, Employee of the Year. He thanked her for ~r efforts with the Utility Department throughout the year and presented he~' with a pla~e and indicated that there would be a $250.00 cash award ~n her next paycheck. ~D~ ~C~ITION OF S~ ~SS, SHERIFF'S O~ICE~ ON HIS Commissioner Saunders reco~nized Sam Bass and his R0-1/R years with Collier County and his 36 years in law enforcement and con~ratu- lated him on his future retirement. It~ ~OL~IO~ S~-Sgl ~SCI~ING ~SOL~ION 89-355 ~ PETITION AV-Sg-022, ~ ~, ~R ~I~ CO~I~ ASSOCIATION OF COLLI~ CO~, I~C. R~ VACATION OF ~D RIG. S-OF-WAY WI~IN ~I~ - ~D Legal notice having been published in the Naples Daily News on D~cember 3, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to reconsider Petition AV-89-022 filed by Gale Mapes, for Foxfire Community Association of Collier Page 2 December 12, 1989 County, Inc. requesting vacation of platted rtghts-c,f-way within Foxftre. Comm~ssioner Saunders stated that this Item w~,s considered several weeks ago and was approved, but about two weeks ago, the Board of County Commissioners voted to reconsider this mattel.. He stated that the Commission is very familiar with the matter and asked that there be a designated spokesman from each side of the Mr. Dudley Goodlette of Cummings and Lockwood, representing Foxfire, stated that he would like to speak last but would like to have Mr. Heiser, Ms. Jones, and Mr. Mapes spea~ at this time. Mr. James Heiser, President of the Board of Directors of Foxfire, stated that for safety reasons, Kings Way should remain closed and returned to the Foxfire residents, noting that it was never designed or intended as a throughway or a shortcut between Radio Road and Davis Blvd. He stated that the position and vote of the BCC of four weeks ago was accurate and he would request that it remain Mrs. Erie Jones indicated that the vote should re, ,in aa it was four weeks ago and the editorials and articles tha~' ~ppear in the newspapers should not influence the Commission. Mr. George Keller, President of the Collier County Civic Federation, stated that he is representing five civic associat~ons and al/ of them are against closing Kings Way. He noted that these roads as well as water and sewer facilities have to meet the County stan- dards and they should not be made into private roads. Mr. William Taylor, resident of Naples Mobile Estates, sta~ed that he is representing ~78 homeowners of Naples Mobile Estates who are ags. inst closing this road as it will put all the traffic onto Radio Road and Santa Barbara Blvd. which will not be able to handle it. Mr. Sam Aldea of 84 Pacific Way, stated that he does not want this r,~ad to become a private road as it was intended to be a public ~horoughfare from Davis Blvd. to Radio Road when it was approved in No,ember of ~981. Dacember 12, 1989 Mr. George Zeis stated that he is opposed to closing Kings Way, adding that it should remain open to the public because if it does not, other subdivisions will be asking for the same thing and this will be setting a precedent if it is made private. Mr. Roland Warren of Windjammer Village presented 2 petitions to the BCC opposing the closing of Kings Way. Ne noted that Kings Way is a collector road that is needed in this County to kt~ep the traffic off the already heavily traveled roads. He stated that '~his development is impacting the county's traffic problems and those roads must be left public so that the traffic is not going to impact other roads to the extent that they will create problems. He noted that when this developer received his approval for the subdivision, it was indicated that this would be a public collector road and he may not have been able to obtain that approval, if it was to be a private road. Mr. Gale Mapes, representing Foxfire, stated that he ~rc~s with the decision that was made on November 14, 1989, and t'.~ road should remain in a private status. He noted that there ~s a'~ increase in traffic ~n Foxfire based on the recent study that was prepared by Mr. Archibald. He indicated that the study now shows that there is over 3,000 vehicles that are passing through Foxfire instead of the origi- nal survey that showed 1,500 vehicles. He indicated that the majority of these vehicles are speeding through Foxfire. He stated that this road was not designed to handle the traffic that is now usin~ the road. He indicated that U.S. Homes paid for the road and the resi- dents of Foxfire have paid for the street lighting district within Foxfire and they are simply asking that the BCC sustain the vote of November 14, 1989, in order for the residents to keep what they purchased. He stated that there was no taxpayers' money that went l~to this development. He stated that he hopes that the Commission makes their decision based on the facts that have been presented to them. Mr. Dudley Goodlette stated that he discussed Mr. Archibald's Page 4 December 12, 1989 report with him and he feels that there are four important issues; the uniqueness of the Foxfire community; the issue of whether or not a precedent is being established; the issue of public safety; and the issue that has been alluded to with regard to the ~,ublic pressure. He indicated that there are 925 owners within the Foxftre community and all those members are membera of a mandatory homeowners association. He noted that all the members know what is going on and support this matter and are also aware of the cost involved to them and the savings to the taxpayers by doing this. Ne reported that all the roads in the Foxfire development were paid for by the 925 owners in Foxfire through their purchase from U.S. Homes, noting that no County money was used to construct any of the improvements in Foxfire. He stated that vacating the roadway is a return of an asset paid for by the Foxfire residents. He indicated that the association pays to maintain all the private roads in the development and if the County Commission allows its decision to stand, future expenses of the County for ma~nt~:Aance of Kings Way will be limited and the Foxfire residents ,..11 bear those expenses. He stated that the residents have committe2 over $500,000 to the construction cost associated with the road vacation and no public funds will be expended. Ne indicated that the Chairman indi- cated at the last public hearing that no precedent is being set. He noted that according to Chapter 336 of the Florida Statutes, the County Commission may vacate a public road when it is in the public interest if certain consents are obtained, which has been done. He indicated that there are letters from neighboring property owners, utility departments, Sheriff's department, cablevlsion, etc. that have no objection to this. He noted that on November 14, 1989, it was a unanimous decision that these streets should be vacated, noting that nothing has changed and the decision should be sustained as being in t:.e public interest. He Indicated that with regards to safety, there ere over 3,000 cars each day that are using Kings Way as a short cut th~?ough Foxfire which is not designed for this use. He indicated that Page 5 December 12, 1989 in November, 1981, the BCC approved the plat of Foxflre and it was determined at that time that Kings Way was not intended to be a substitute for a major collector, noting that it was intended that Livingston Road would be the ,%aJor collector which would be on the westerly boundary of Foxfire. He atated that he i~ requesting that the BCC not rescind their previous action and that the BCC not allow public pressure to reverse their decision. County Manager Dorrtll stated that a written statement was received from Col. John Beebe that indicated that he is opposed to the closlng of Kings Way. He stated that the statement Indicates that there are problems with golf carts in other areas and not Just Foxfire, noting that golf cart paths could be built. He stated that the statement also indicates that Sheriff Hunter's new traffic unit could be designated on a full-time basis to residential areas. Mr. George Keller stated that closing Kings Way is D ~ the answer as it will be setting a precedent. He noted that whe,. this develop- ment was developed, it was done the same as any other- development. He noted that the County paid Foxfire over $800,000 for the potable sewer plant. He indicated that this development is not unique compared to any other development in this County. He stated that there should be speed limits in the area that are compatible and they should be enforced. Mr. Goodlette stated that he believes that Mr. Keller is wrong regarding the $800,000 and Foxfire is unique because of the way the association was developed. He indicated that if other communities have the ability to garner the support of their association, then they should be heard by the Board of County Commissioners. He stated that h~cause of the structure of policies, procedures and Statutes, no pre- cedent ts being set, noting that the precedent has been established tn th,~ procedure that has been adopted. Co~/amtoner Volpe moved, seconded by Co.missioner Hames ~nd carried unanimously, that the public hearing be closed. Page 6 December 12, 1989 Transportation Services Administrator Archibald ~tated that his report contains the pros and cons of making Kings Way pub/Ac or pri- vate. He Indicated that the original approval of Kfngs Way in Foxftre was never a planned arterial, but it was planned as a collector road and it functions as a collector now to handle the traffic tn Foxfire as well as traffic outside Foxftre along the Radio Road and Davis Blvd. corridor. He stated that with regards to levels of service, indicates that a two-lane collector road with a Level of Service "D" would be able to handle 11,000 or more vehicles per hour which would be a lot of traffic and would reflect congestion. He noted that Kings Way has a high Level of Service "B", noting that the roadway is not a safety problem. He stated that if these roads become private, there is not an alternate access readily available for the people that are currently using it, which means that those people would have to travel a much longer distance to get to their destination. He sta~d that with regards to the speed, it has been determined that ~,.e avex. age speed ts 34 miles per hour through Foxfire. He indt¢'ated that 50 to 60~ of the traffic is obeying the speed limit. In answer to Commissioner Shanahan, Mr. Archibald stated that Kings Way was intended to be used as a long-term minor collector. Commissioner Shanahan questioned if there would be an alternative route in less than 10 years, to which Mr. Archibald stated that he does not have much hope for that because of the funding constraints. Commissioner Shanahan stated that if there ~s a major problem with safety that should be addressed through the Sheriff's department, and questioned if there ~s a big safety problem tn Foxftre, to which Mr. Archibald stated that this corridor does not exhibit safety concerns. Commissioner Hasse stated that he has reviewed this matter over a';'d over and he is concerned that a precedent will be set by al/owing this road to be private. He orated that this road was approved as a collector road in 1981 and if the road had not been designated as a co]lector road, it may not have been approved. Page ? December 12, 1989 Commissioner Saunders questioned if any action has been taken since the November 14, 1989, meeting with regards to contracts or pro- ceeding with the vacation, to which Mr. Goodlette ~tated that contracts have been prepared but none have been ent~.red into at this time. He noted that assessments have been sent out to the unit o~ers. Mr. Goodlette stated that on November 14, 1989, a decision was made with regards to the public safety issues and those issues ere still worth bearing in mind. He noted that with r,-'gards to the co/lector road, it can be stopped at Radio Road instead of it pro- ceeding northward because if it does go further north, it will stop at the Golden Gate canal because a bridge will never be put across that canal. He noted that the minutes of November, 1981, have been taken out of context, adding that this was not intended to be an arterial or collector road. Commissioner Hasse stated that these minutes were a;,~roved by the Comm~ssion at that time and the roadway was to be s '.cllector road. Commissioner Volpe stated that the original DRI might be helpful as to.what was originally intended. Commissioner Saunders stated that if there is no action taken on this matter, then the action of November 14, 1989, would stand. T~pe ~2 Commissioner llasse ~oved, meconded !~ Comltestoner Shanahan and carried 3/2, (C~tB~/oner G~/ght ~d Co--Isotoner S~der~ o~), t~t R~olut/on 89-391 ~e~c/nd~ng ResolutLon 89-355 ~e ~tJ. tt~ AV-89-022 ~ adopted. Commissioner Goodnight stated that she does not see that the opening of Livingston Road is going to be a viable solution within the t~me frame that it should take place, adding that this is why she voted against the motion. Commissioner Saunders stated that this means that the original P~,Tttion AV-89-022 is denied and the road will remain public. Page 8 December 12, 1989 ***** Recess: 10:40 A.H. - Reconvened: 10:50 A.N. at which ti~e Deputy Clerk Hoff~an replaced Deputy Clerk Kenyon Item ~TB1 RESOLUTION 89-392, PETITION PU-89-15, ROBERT A. I~ERS~EEN REPRESENTING GTE NOBILNET INCORPORATED, REOUESTING A PROVISIONAL USE FOR CONNUNICATION TO~ERS FOR PROPER~ LOCATED SOUTH OF ~LIGATOR ~L~, ~ST OF 8.R. 29 - ~ED Planner Saadeh tnfformed that this petition ts a request for Provisional Use "b' of Section 8.10 (Essential Services) ~o construct a 183 foot antenna supporting structure on which a 14 foot stick ' antenna will be mounted to a maximum height of ~29 feet on property containing approximately 10.~4 acres. Mr. Saadeh advised that the present zoning o~ this property ts A-l; lands surrounding the subject trac~ are zoned A-l; 1~edlate1y to the north, a small weekend cabin; to the east, a Lee County Electrical Cooperative easement and SR-29 road right-of-way; and to the south and west ts vacant property. Mr. Saadeh stated that one comment has been recetv..~ from the Department of Natural Resources, against the pet~ti~.t,. He noted that the petition has been reviewed and approved by the required agencies, subject to the stipulatlons as contained tn the Agreement Sheet. He indicated that the Collier County Planning Commission held their public hearing on November 16, 1989, and forwarded this petition to the Board with a unanimous recommendation of approval, subject to Staff's stipulations. In answer to Comm~ssioner Volpe, Mr. Saadeh reported that even- tually, the DNR proposes to purchase all the property In the subject area. Commissioner Shanahan advised that he spoke with the represen- tatives from the DNR last evening, and they told him to disregard all cc. rrespondence, since they had obtained some misinformation, and as as they are concerned, they will be an interested listener at today's hearing. Mr. Charles DuTots, Preserve Biologist at Fakahatchee Strand State Page 9 December 12, 1989 Preserve, stated that the subject area is part of the State Area of Critical Concern, and has also been identified as black bear and panther habitat, as well as over 30 species of rare endangered plants and animals. He Indicated that he was asked to observe at today's meeting, but he does want to Impress upon the Commission what it may be leaving for the future of the County by allowing ~hts Intrusion into a natural system. Mr. Robert A. Kersteen, representing GTE Mobilnet Incorporated, advised that the Fakahatchee Strand is one mile west of S.R. 29, and Is basically west of the subject property. Me remarked that during the search of the subject area, which began well over a year ago, a tower was discovered at the northwest corner of S.R. 29 and Alligator Alley, and was then owned by the Collier Company, but has since been sold to the DOT. Me noted that the DOT plans to relocate that tower one mile west of its present location, and duplicate it. ~,, indicated that the Sheriff's Office presently has an antenna on +-'.at tower. Mr. Kersteen revealed that he called the Governm~'s Office last week, and offered the State space on his firm's tower, at no cost, and space in their building for radio equipment, at no cost, provided they do not take the usability of the tower away from them. He indicated that the tower ts mainly for the call box system which will be installed on Alligator Alley. He reported that every effort has been Made to cooperate with the State. Mr. Kersteen stated that the area ts not pristine, and noted that a DOT borrow pit, a ranger's house, a couple of other homes tn the western half of the section, and a weekend cabin are located within close proximity to the subject site. Me informed that a recent building permit was issued to allow the development of a dog kennel, 6~0' north of the subject property, which required a driveway. M~ noted that access to the subject property would be via a new dri- veway, 660' south of the present new driveway. He divulged that tn 1~8, DOT issued a driveway permit to allow another driveway. He Page 10 December 12, ~989 questioned why, if DOT planned to purchase that property in the near future, would they have issued the driveway permit, since it ~ncreased the value of the property for them to procure at a later date? Mr. Kersteen advised that -ince 1982, DNR has be~.n trying to obtain the property from the present owners, for a donation, or for the sum of $450/acre. He indicated that DNR does not have the right of eminent domain, unless it is specifically given by an act of the Legislature. Mr. Kersteen explained that his firm is proposing to develop a 10.24 acres site with 4~ coverage. Me reported that the remaining of the site will kept in its virgin state. Me indicated that he believes that everything possible has been done to gain approval from all County and State agencies, and he is hopeful, that ~n January, 1990, the Florida Cabinet w~ll rescind a resolution which they adopted last August. In answer to Commissioner Volpe, Mr. Kersteen exple;;led thst the resolution states that the DOT will be given $600/mo%,tn ko pursue the purchase of all privately owned lands within the Fakahatchee Strand area. Mr. Kersteen stated that because of signal strength, the site can- not be moved to the north, south, east or west. Me advised that a few months ago Governor Martinez selected his f~rm's cellular system to oe the State of Florida Emergency Cellular System, and noted that the State's two emergency vans are equipped with his cellular radio system, and tn the case of an emergency, ~.e. hurricane, those vans could be sent to a specific area and be used as emergency com- munications. Commissioner Masse questioned the rationale behind the DNR's , 9position to this site? Mr. DuTois advised that the concerns of Distr~ct Manager Robert Dye were that of the on-going efforts by State and Federal agencies to acquire lands within the Big Cypress Swamp ~veas, construction of a communication would seriously impinge upon Page December 12, 1989 FDOT efforts to purchase all privately owned lands within 5 miles of the intersection of Alligator Alley and S.R. 29; the area ts ~den- tified as a key acquisition parcel not ~ust for the panther, but also for water supply, the scenic beauty and integrity of the area, and mainta~ning something for the future. Co~isaloner Shanahan ~ovad, aecondad by Co~misntoner Goodntght, to approve Petition PU-89-15, thereby adopting Ree~lution 89-392. Mr. George Keller, President, Collier County C~v~c Federation, noted that not too long ago the Comm~ssion directed the County Attorney to work up an ordinance calling for a 4/1 vote for Provisional Uses that are Rezones, and requested that the Commission adhere to that ruling for this ~tem. Commissioner Volpe questioned what other approvals are in hand, at present? Mr. Kersteen replied that he has obtained prel~m~'.,sTy FAA approval which ind~cates that the 299t tower meets all ~AA require- ments. He informed that he has touched base with D£',, and they have ind~cated that they will not oppose this issue if the Florida Game and Fresh Water Fish Commission does not oppose. Comm~ssioner Goodn~ght reported that she received a phone ca1! late yesterday afternoon, advising of letters of support from some of the agriculturists in Immokalee that farm in the area of S.R. 29, and they desire to use this service. She ~ndicated that she forgot to p~ck up those letters, but w~ll do so, and copy to the Board members. Upon call for the question, the ~otion carried Page 12 December 12, 1989 It~ #?B2 ~ESOLUTION 89-393, PETITION PU-88-150, ANTHONY J. PI~ES, JR., I~EPR~$~NTING GULFSIDE ~TING, INC., E~ENSION OF ~ROVISION~ USE "B~ OF S~CTION 8.10~ OF ~ RSF-3 DIS~ICT (~.KE =STATES) - ~ED Plann~n~ Services Manager Bag~nsk~ ex~a~ned ~hat thee ~tem, Petition PU-88-15C and the ~ollow~ng ~tem, PU-88-26C are two Provisional Us~s which are related to a previously approved single- family development. Co~ss~oner Saundere stated that the discussion for bo~h Items w~ll be heard at t~s same wime, w~th separate votes to follow. Mr. Baglnski indicated that both of ~he Provisional Uses relate to the Wyntree Development: one ~s for a recreational facility, including a clubhouse, tennis courts and other recreational facili- ties; and the o~her ts for a sewage treatment plant, fie advised that the ~rov~slonal Uses are due ~o expire on December 20, ~g89 ~n4 January 10, 1990, respectively. ~e ~nformed that the s~plIcamt has re~ested an extension of one year for both Prov~g~or.,~l Uses, and Staff Is reco~endlng approval of same. C~es~r S~ moved, seconded ~ Co~l~s~oner Go~ght ~ =~ ~~ly, ~o appr~ the extension of Petition ~-8S-~5C, ~d t~t Resolution 89-393 ~ adopted. PaO~ ~3 1989 ~FI~S~NT/NG GULFS/DZ )4AR]~T/NG, INC., ZXT~NSlOR O~ ~OVIS/ON&L US~ 'B' OF TH~ ~$~-3 DISTRICT The presentation of this item was included with the presentation of Petition PU-88-1§C, as noted above. Co~taa/onar Sl~L~ahan moved, eeconded by Conta~toner Goodn/ght and ¢~r/ed u~r~/mously, to approve the exteneton ~f Pet/t/on FU-88-26C, and that Reaolutton 89-394 be adopt*ed. Page 14 December 12, 1989 ~0 ~ ~_~ o~ ~/27/QO, 2/~3/90, ~ 3/24/90 - APP~O~ Commissioner Saunders questioned whether Staff had any problem with waiving the fees for upcoming events to be sponsored by the Art League of Marco Island? County Attorney Cuyler stated that this has been done on prior occasions, but urged the Commission to direct Staff to develop written policies for these waivers since there are no specific policies. Conissioner Sh~%ahan ~ved, seconded ~ Co~issioner Goo~ight ~ c~ri~ ~i~sly, to waive the ~it fees for upcoming ~or~ ~ the ~ ~a~e of ~rco Isled, to ~ he~d on ~/2~/90, 2/23/90, ~d 3/24/90. ~O~ R. G~O, ~US~E, ~ BUILDING OF A BOAT ~CK, SO~f~ORT ON ~ ~Y, LOT 31, LELY B~FOOT B~CH - PETITIO~R TO ~ET ~i~ ST~ ~ N~ IN ~I~ TO ~OCEED Mr. Anthony Gargano stated that he is petitfor!ng '.he Commission to obtain permission to construct a boat dock on his property, located at Lely Barefoot Beach. He advised that there are presently 5-10 boat docks tn the area of his lot which were constructed by the developer without homes being constructed. He indicated that he understands the concerns of the Commission of people docking their boats without having a constructed dwelling, or of living on a boat at the dock, but noted that he is willing to put up a bond to ensure that this will not occur. Co~issioner Saunders asked County Attorney Cuyler what, if anything, the Commission can consider doing on a petition of this :,~ure? County Attorney Cuyler stated that his recommendation is that the Board not consider or approve this request. He advised of litigation that has taken place within the past two years on this same issue. Commissioner Saunders questioned whether Planning Services Manager Baginski has met with Mr. Gargano? Mr. Baginski stated that he has Page December 12, 1989 not persot~ally met with the p~tltioner. Commissioner Saunders suggested that Mr. Oargar~o meet with Mr. Baginski or a member of his Staff, to discuss his situation and the manner in which he should proceed in order to comply with all ordinan- ces. Ite~gB1 RESOLUTION 89-3~5, APPROVING SETTLEMENT AGREEMENT II~ THE LITIGATION CASE OF COLLIER COUNTY VS. ROBERT C. MALT FOR PARCEL 101 (S.R. 951) - Transportation Services Administrator Archibald explained that this item deals with Parcel 101, and noted that the parent tract is an 80 acre parcel located along the west side of S.R. 9§1, and 3/4 of a mile south of the intersection of S.R. 951 and Manatee Road. He indicated that the parcel contains 3,126 feet of frontage on S.R. 9§1, and reported that a strip with that frontage and a depth of 83~ has been acquired f~om the owner via an Order of Taking. He a,~!~ed that the County controls the frontage parcel which is neces~',ry fo~- the S.R. 95! four-laning, but noted that after the O~er (~f Taking, there were a series of meetings to include a negotiated settlement agreement that had been considered by both parties. Mr. Archibald stated that the Agreement before the Commission has been executed, but still requires Board review and approval, subject to a series of conditions, as a part thereof. He indicated that the Stipulation allows for an increase in value on a per acre basis. He stated that the County is acquiring 6 acres of property out of a par- cel which is 80 acres in size. Mr. Archibald informed that the original unit price was $4,400 per acre, but the owner of the property has countered with a figure of ~7,000 per unit, and his assumption is that he can build 3 units per ~cre on that property. He stated that Staff has worked out an agreement with the owner which increases the payment by $17,000, and gives him the opportunity in a period of 36 months to process the appropriate land use changes, site development plans, and see if he Page 16 D~cember 12, 1989 can come up with a plan for his parcel at the density of 3 units per acre, or the density currently allowed by the Comprehensive Plan. He explained that if the owner can, in fact, come up with that approval within 36 months, the Stipulation as proposed wou~d be the final Stipulation, acceptable to all parties. He indicaced that if both parties cannot come to terms on a site development, consideration will be taken on taking the position of the eminent domain case to a Jury trial. In answer to Commissioner Volpe, Mr. Archib~Id advised that there is a clause in the Agreement that if an impasse is reached, both par- ties will rely on the outcome of a Jury trial to determine whether the final value to be paid for the property is more or less than what has been settled in this particular Agreement. Commissioner Volpe questioned whether there are Juriedictio:,al wetlands on this parcel? Mr. Archibald replied affirma* .rely, and explained that a large portion of the property will c~:~e under a stringent review by State and Federal permitting agel~cies. Commissioner Volpe stated that there is the potential for locking the County into something that it may not be comfortable with, and noted that he has reservations about the Agreement. Commissioner Hasse noted that there is the possibility that a substantial amount of the land cannot be built upon, due to the fact that it may be sensitive land, and he questioned whether this means that one concentrated development will be placed in one area? Mr. Archibald stated that that is t~pically what is done on the east side of S.R. 9§1, and noted that there is a mobile home development in that area that has concentrated its units within the upland portion of the ~rmperty that they own. Mr. Archibald indicated that the Agreement clearly states that if either party has concerns, and an impasse is reached, there is no overwhelming responsibility or pressure on the County to process the application for approval. Page December 12, 1989 County Attorney Cuyler advised that a TDR gene~:ally comes into effect when a Transfer of Development Rights goes from one parcel to another removed parcel, and noted that even today, with or without this Agreement, the owner could come in with a Planned Unit Development document and allocate certain portions of their density within their entire tract. Commissioner Shanahan voiced concerns about a ]6 month agreement which may preclude the County from acquiring ~he right-of-way which could delay building the road, and would not allow the County to be project ready in case there is some new found money from new gas taxes, permit fees, user fees, etc. He indicated that he believes the County should go to court now and take the risk of the increased costs, etc. instead of waiting 3 years. He noted that he is dis~.~- pointed that this issue cannot be settled. Mr. Archibald stated that Staff has taken step on~ whizh is the Order Of Taking, and received a favorable Judgment He reported that the property that is needed for S.R. 9§! is, in fact, in the County's hands at this moment, noting that the right-of-way for this parcel has been cleared and is in Collier County's name. Co~/sei~ner Shanahan moved, seconded by Con~saloner Goodnfght and carried 3/2 (Commissioners Volpe and Hasse opposed), to approve tho Settlement Agreement and that Resolution 89-395 be ~dopted. Page 18 December 12, 1989 Commissioner Husa ~oved, saconded by Co--isa, toner Shanah~n ~nd c~t~ ~t~ly, to a~r~e the addtttoM1 staff of a ~ofes. l~l Ltbr~t~ at the Oold~ Gate Brach ~d n ~rt-tt~o Clark at t~ Collt~ I~ Br~h Libra. lt~ ~D1 N&~ ~ILI~ S~IC~ AG~~ B~N ~ G~D~ HATER DI5~ICT ~ ~ITI~ ~ l, INC. (~ GOOD~ ~IRA) - ~O~D ~ Utilities Administrator Arnold stated that Staff has negotiated an agreement with Maritime Venture I, Inc. that provides certain key pro- visions allowing them to tie into the Goodland system. He advised that the Goodland Marina will donate approximately $85,000 to the District, which is a contribution based on the prior asses~ept for the Goodland Water District. He explained that the Mar.,,;a is also required to bear all the costs of connection, constr'~ction of those connections, and related fees. He indicated that the agreement con- tains a provision for the Farmers Home Administration, which origi- nally provided funding for the construction of this system, to also review and approve the agreement, if they deem necessary to do so. Mr. Arnold reported that a real benefit to the District is the ccntribution of the $85,000 which will be placed in a R and R account, and will be used for future needs and improvements and will have a positive effect on future rates. He indicated that another benefit will be the additional usage on the system which will allow more of the water in the storage tank to be turned over. He noted that during :h~ off-season, the usage on that system is so /ow that the disinfec- tant in the tank needs monitoring and adjustment. He advised that the rates which will be charged to the marina, are consistent with the rate ordinance that is in effect for the Goodland users, and will pro- fit the District approximately $415 per month. He reported that Staff is recommending approval of the agreement. Page 19 December 12, 1989 County Attorney Cuyler called attention to two items that are not in the agree=ent, and need to be added: A signatu~'e block indicating approval by the Marco Water Sewer District, and a "~?,ereae" clause indicating that this facility does lie outside of the Goodland District and the Marco Water Sewer District. Commissioner Hasse questioned the alternatives that the marina has if this agreement is not approved? Mr. Arnold advised that there are three options of providing water service to the: marina: service from the Goodland system, service from the Marco Island Utility, or the marina would provid~ their own small water treatment plant on-site. Commissioner Shanahan questioned whether Mr. Arnold is convinced that Marco Island Utilities has adequate supply to provide the addi- tional usage for the marina? Mr. Arnold stated that there have been pressure and volume problems on Marco, but noted that those problems have not translated to Goodland. He indicated that proble-.L have not affected Goodland primarily because of the existence r a l'arge storage tank in the Goodland system. He advised tis! the demand on Goodland is 60,000-70,000 gallons per day, duri;~g the off-season, and approximately 100,000 gallons per day during the height of the season. In answer to Commissioner Shanahan, Mr. Arnold reported that the ultimate demand of the marina will be approximately 15,000 gallons per day, and noted that its initial use will be 5,000 gallons per day for the boat slips. He indicated that the capability of the system is 250,000 gallons per day. Attorney Richard Aaron, representing Maritime Venture I, Inc., informed that the marina is part of the Marco Shores PUD, which con- tains language that states: The County Water-Sewer District, through its Regional Water System, shall be the sole provider of water to those portions of the development lying within the non-franchised areas. He noted that the marina is not technically within the Goodland District, the Marco Island PSC franchise area, nor the Marco Water-Sewer District. He pointed out that there is a water line which Page 20 December 12, 1989 runs in front of the marina property, a substantial amount of dollars will be contributed, and the marina will be an additional user. He indicated that all of these things are positives, and there are very few negatives relating to hook-up. Commissioner Shanahan stated that there are recyclable oppor- tunities for marinas0 car washes, etc., and noted his concern of 15,000 gallons of potable water per day, or 450,000 gallons per month being used to wash and clean boats. He questioned whether con- siderations have been given to the recyclable technology? Attorney Aaron replied that the petitioners will use whatever technology is available. In addition, he noted that xericscape landscaping will be utilized. The following persons spoke in opposition to the Good/and Marina hooking up to tbs District's system: Mr. Bud Kornse Mrs. Charlotte Westman Mr. George Keller Mr. Carl Edens T~pe ~- Reasons of opposition were stated as follows: concerns of the ove:all picture of the marina; current problems of water pressure and capacity; there ts still butldable land available on Goodland, and consideration should be given as to what will happen in the future~ the plans of the marina were not presented to the residents of Goodland tn the proper perspective; the marina will require more usage during the day than households require; the citizens of Goodland paid $.135 per square foot some years ago, but today's costs should be reviewed; if one marina Is allowed to hook into the system, other marinas will want to do the same; the contribution of $85,000 should go back to the original users who paid $.135 SF; and there will be a tremendous amount of sewage that must be disposed of. Mr. Arnold explained that he views the marina's connection to the District as having positive effects on the financial situation. He Indicated that reviews have been conducted by professional engineers, Page 21 ~ecember 12, 1989 and they are comfortable that there will be no adverse affects regarding pressure and volume, and therefore, he ha~ the assurance to recommend approval of the agreement. Co~m/smim~e= Shanahan ~oved, seconded by CouJssioner Volpe, to Di~rA=~ ~ ~riti~ V~e X, Inc., with ~en~nte ~ A~Acat~ ~ ~ ~W Att~, ~d cmtin~t u~n the tn~st~tt~ ~d A~le- ~tati~ of a r~lin~ ~tem relatAn~ to ~mat ~hin~. Co~lssioner Ssunders ques~ioned whether the intent of Co~issioner Shanahan's mo~on ~s tha~ the Petitioner wall have to come back to the Commission to receive final approval, once he has indicated ~ ability to use a recycling technique? Co~ieeloner Shanahan stated that the Petitioner does not have to come hack to the Board, but he does desire ~hat he provide Mr. Arnold with ~m~u type of ~ arrangement which reduces the potable water usage ~. the recycling method. ~ ~1~ for t~ ~estion, the ~Aon c~rAed ~i~l~. Of',t;55 Page 22 December 12, 1989 Recess: 12:40 P.M. - Reconvened: 12:45 I'.M. at whLch time Deputy Clerk Kenyon replaced Deputy Clerk Hoffman eess$ Xtn #gG1 RESOLUTION 89-396 ACCEPTING A PROPOSAL BY THE STATE OF ~.,ORXDA, DEPJ~ OF NATURAL P~ESOURCES, AS A~ INTERIM MAKATEE PROTECTION PLAN - ADOPTED Chief Environmental Specialist Burch stated tha~ on October 24, 1989, the Governor and Cabinet approved a recommendation by the State Department of Natural Resources to develop a state-wide boating safety and manatee protection rule. He stated that at that time, the Cabinet revised the DNR proposal to allow the affected counties a choice of a couple of options in the protection plan; one iea 300 foot slow epeed zone around all shorelines which would produce a 7 or 8 mile restric- tion within 300 feet of all shorelines exclusive of marked naviga- tional channels which would maintain a 30 mile per hour speed limit; the second option would be a 30 mile per hour speed limit t:* ~l o[ft- cially designated navigational channels and a 20 mile p,~* hour speed limit in al/ other County waters; and the third op~irt, is to petition the State for site specific areas to be excluded from the petition or for more restrictive areas. He indicated that he does not have any data at this time to support a proposal for site specific speed limit exemptions and therefore, his recommendation ts to go with Option Two which is to adopt the 20 mile per hour, 30 mile per hour speed limit for manatee protection that has been proposed by the State and to use this as an interim manatee protection plan until a comprehensive plan is developed. Commissioner Volpe questioned if this resolution would be effec- ti=e in the City of Naples also, to which Mr. Butch stated that this · ~e,~olution will include all political entities within the County. Commissioner Saunders stated that the resolution provides that this would affect the City of Naples, but questioned if it is enfor- ceable, to which County Attorney Cuyler stated that he believes that this would be enforceable within the City of Naples based on the legislation. Page 23 D,.,cember ~.2, 1989 Commissioner Shanahan questioned if a plan has been adopted that identifies the recreational areas that are to be excluded from this particular resolution, to which Mr. Butch indicated that there are no provisions in this resolution for such excluaion~ and he is not pre- pared at this time to make any specific recommendations with regards to recreational areas. In answer to Commissioner Shanahan, Administra~ive Assistant to the Board Fi/son stated that in order to water ski, a speed of approximately 28 miles per hour is needed and there should be areas set aside for this. She noted that she typically water skis at the tip of Keewaydtn Island along with numerous other people. Mr. Butch indicated that if the areas are identified, they can be proposed for exemption In the resolution and sent to the State. Commissioner Volpe stated that Staff does not have sufficient data base to make these recommendations and this resolution is intended to be done on an interim basis, adding that ms..os another approach should be taken. Commissioner Goodnight stated that this rebolut,on has to be in effect by December 26, 1989, or the State will let the County know what has to be done. She stated that in Brevard County there are areas designated for certain types of recreational activities. She noted that Collier County has not had a chance to do this because it was not until the end of October that DNR started talking about this matter. Commissioner Volpe stated that this resolution states that wha- · ~ver is in the beach water, safety, and vessel control ordinance will be exempt from this ordinance. County Attorney Cuyler stated that the reason that this matter is referenced ts because there is an idle speed zone and this resolution talks about certain speed limits and he did not want any conflict bet- ween the County's requirement and the State requirements. He stated that he wants to be sure that the ordinance prevails. He noted that Page 24 Dt~cember 12, 1989 recreational and non-recreational areas can be set ~side and he will take the position that the County still has those rec::eational areas. Commissioner Shanahan stated that the areas that are for recreational activities should be set aside In tht~ resolution. County Manager Dorrill stated that if it was stated in the resolu- tion, the area would be w/thin 1,000 feet of the southern end of Keewaydin Island to Little Marco. Mr. Butch stated that this would be the Hurricane Pass area, adding that Dollar Bay area In also commonly used. Mr. A1Bruggemeyer, resident of Marco Island, stated that they are in favor of the resolution as they are trying to protect the manatees. He noted that Capt. Breeden has been doing extensive research on the locations of the manatees and he will continue to work on this in order to protect the manatees. Dr. Fran Stallings of the Conservancy stated that hr supports the resolution in order to protect the manatees. He indJ.;ated that this is an interim step and there would have to be areas spt aside for recreational areas. He stated that when this is done, there should be a group of people working on this that know where the manatees are and where the best recreational areas are located. Dr. Kris Thoemke of DNR referred to a map indicating the location of the manatees, the mortalities, the collisions, and the pre-natal births of the manatees. He stated that there have been 18 manatees that have died in Collier County to date which Is the second highest County in the State. He stated that he is in favor of the resolution until a permanent manatee protection plan can be developed. He stated that the recreational areas should not be in the area where manatees are located. Commissioner Hasse questioned when this matter would be re- addressed if this resolution is adopted this date, to which County Manager Dorrill stated that the County has an obligation to do a mana- tee protection plan by May, 1990. Page 25 D~cember 12, 1989 Mr. Butch stated that this resolution will go Into effect by May, 1990 as a state law, but the County will have to have their manatee protection plan done by the summer of 1991. Commissioner Saunders stated that Option Two ¢~uld be approved and then staff could be directed to come back with recreational areas that should be exempt. Mr. Butch stated that from the discussion, he will work on exempting the area east of Keewaydtn island. Commissioner Shanahan stated that the area from around the mouth of Frederick's Bay Into Barfleld Bay should be designated as a "No Wake" area. Commissioner Goodnight stated that the Regional Planning Council has also offered to help with the manatee plans. She indicated that another area that needs to be looked at Is Port of the Isis.da and the Ten Thousand Islands. ~smioner Has~e ~oved, seconded b~ Coentsalon,.r Shanah~n and carrled unani~ously, that Resolution 89-396 establi~hing the 30 nile--20 mile per hour speed limit which is Option i be adopted, and Staff be directed to cone back with · recouaendation on areas to be eoce~t x~cognizing that leewaydtn area Is an ·re· that should be exempt u w~11 u the 'No Wake" zone from Frederick'm Pus to Barfteld B~u w~ll u Port of the Island~ and the Ten Thol~4nd Iel&n~s. *** This Resolution was not presented to the Clerk to the Board Office due to further action taken on December 19, 1989, and a new Resolution being adopted. See minutes of December 19 1989, Resolution 89-416. ' Page 26 ~ecember 1~, ~989 R~$OLUTION 89-39? JtPPROVING A PROPOSED SPECIAL A~F PROVIDING FOR RZm~LATION O~ JU~ RE~O~RI~ i L~CE]~SE FOR THE USE OF ~I~ nF:S IN THX ~ALTW&TER~ OF COL~IIER COUNTY~ FLORIDA - ADOPTED Commissioner Goodnight stated that last year during the legisla- tive delegation meeting, there was a group of people from Marco Island that asked that mullet fishermen not be allowed inside the canals. She stated that the local fishermen indicated that they were not the ones creating problems, but It was the outside fishermen that were giving the local fishermen the bad name. She stated that she was asked to draw up a resolution to ask the legislative delegation for a special act. Commissioner Shanahan stated that he understands that there is new legislation and an ordinance with regards to time limits and questioned if this ts accurate, to which Assistant County S~ornuy Wilson stated that there is new legislation that probe'-Its ~ullet fishing from sunrise on Saturday through sunset on %l~]da¥. She stated that the legislation went into effect on October 19, 1989. Commissioner Shanahan stated that there is an organization forminG in Collier County that will be self-policing commercial fishinG in the area. Co~t~t~ ~dntght ~ov~d, oeconded by Contee/one~ Vo~pe and c~rriedm~m/~ov~l¥, that Reeolu~ion 89-397 mpprovlng a propooed ~ ciml ~t provid~ng for regulation of and requiring m license foF the m of gill net~ in the ealtwatero of Collier CounW, Florida, be Page 27 December 12, 1989 BuD~rf ~ 90-43 THROUGH 90-48 AND 90-52 AND 90-53 - ADOPTED Commissioner Hasse moved, seconded by CommissJ. oner Saunders and carried vnanimousl¥, that Budget Amendments 90-43 'through 90-48 and 90-52 and 90-53 be adopted. lt~#ll&3 ~ ~ RE$OLUTZON 90-3 - ADOPTED Co~aimmioner Ha~ee ~oved, seconded by Coniseloner Smunderm and carried unani~ou~l¥, that Budget A~nd~ent Rmmolution 90-3 b~ adopted. Page 28 ~ecem~er 12, 1989 RESOLUTION 89-398 APPROVING A CONTRACT BETWEEN THE BCC AND UNITED ~R CO~IP&~T Ol I~LORIDA FOR TI~ IHPO$ITION ARI) COLLECTION Ol A LOC&L OFTION ~ I~R E]~ARCED '911m TELEI~RORE SERVICE ARD EQUII~[E]T~ - County Manager Dorrtl! stated that this ts a continuing agreement as it relates to '911' service. ~ c~,'rted una, ntmo~ml¥o that Re~olutton 89-39~ ~pp~tng · c~t~ct ~ ~ ~ ~ ~tt~ Tel~e Co~ of Elor/~ for t~ l~- attim ~ coll~t~ of a local ~tton f~ ~or e~c~ '91X' ~~ ~tce ~ ~1~t ~ ~ted. Page 29 D~cember 12, 1989 Xt~ ~14&1 RESOLUTION 89-399 PIt0VIDIN0 FOR ASSE$SNENT OF LIEN IN ORD~ TO I~¢OVER FUND~ EXFENDED TO ~BATE PUBLIC NUXSANCE ON LOT 12, BLOCK D, BR00~XDE URI? #2 (PULBEf, M. AND VICTOR CHARLES ItBRECH~) Item #14&2 Et$OLo'rION 89-400 PIt0VZDIN(I FOR ASSES$1~NT 0! LIEN IN ORDER TO RECOVER FUND~ ~[FE~D~D I',0 ABAT~ PUBLIC NUISANCE ON LOT 15, BLOC~ 195, GOLDEN (lATE UIFI'T 6 (CKLKSTK & N~RX CARLKSINO) NISOLOTION 89-401 PROVIDING FOR ASSE$$1~"JIT 0F LIEN IN ORDER TO R~CO%'~R FUIID~ ~E~D~D TO AB~T~ PUBLIC NUISANCE ON LOT 15, BLOCK 195, GOLDEN GA'I'~ Ur~T 6 {~ & I,~R! CARLESZNO) See Pages Xtra #1444 mOLUTION 89-402 FltOVIDING FOR ASSE$gEIIT 0! LIEN Z'-. ORD~ TO RECOVER FUNDS KZFKIDKD 1'.0 ABATE PUBLIC HUISANCK ON LOT 21, B','-O~ 142, GOT, DEN GATK UFZT ¢ (CKLKSTK & MKRI CAJ~t~SZNO) R.~SOLUTZON 89-403 PROVIDING FOR USESSMIIIT O! L!FA IN OIU)IR TO RECOVII~ ~ ~XP~rD[D I"O &B&T~ PUBLZC NUISANCE ~ LO/' ~, BLOCX 145, GOLDEN ~ATE mrx? · (~ & ~xax CARLESXRD) Ira #14~6 I~$OLUTIOM 89-404 FItOVIDING FOR USES~IEIT O! LIEN IN ORDER TO RECOVER FUND~ ~ TO ~ItTE FUBLIC NUISANCK ON LOT 21, BLOC[ 142, GOLDEN ]~MITIO~ 89--405 PROVIDING I~OR Ji3SES$1qlNT OF LIEN IN ORDER TO RECOVER FUND~ ~ 1'.0 ABAT~ PUBLIC NUI$&NCE ON LOT 8, BLOC[ 2, NAPLES T~IN See Pages~ E~OLUT'ZON 89-406 FROVIDING FOR ASSESSMEHT 0Y LIEN IN ORDER TO RECOV~R FUID~ K][FB31DKD TO ABATE PuuLZC NUISANCE ON LOT 41, BLOCK 254, MARCO W~T 6 (RlffHW. GALLO) Page 30 Decembe~ 12, 1989 RE~OLUTION 89-407 PttOVIDING FOR ASSESSMENT OF LIEN IN ORDER TO RECOVER FUBI~ EXFEIrDED TO ABATE PUBLIC NUISANCE ON LOT 8, ,~LOCK E, TRAIL rrmu~r (Damrr ~m ~ a. nomm. ) It~ ~ III'D~RD TO TE I~IBLIC II'IS&NC! ON LOT 21, BLOCK 97, GOLDEN GATE UNIT 8 (N~C D. JACOBS0Nf TRUSTEE) Item ~14All ~ K~$OLUTION 89-409 FROVIDING FOR ASSESSMNITf OF LIEI~. IN 0~ ~ ~C~ ~ ~ ~ ~ ~Lrc ~rs~ oN LOT 3, BLO~ 389, ~CO lt~'OL~TIOll 89-410 [~tO~IDING FOR ASSKS~(~IT OF LIF_N IN OFaDER TO RECOVER ~ EXl~E~DED TO ABATE l~IBnIc NUISANCE ON LOT 8, BLOCK 194, GOLDEN GATE UNIT 6 {ANGEL M. AND ISIS M. MO~-INA] See Pages Ztu#l~13 RESOLUTI~ 89-411 PROVIDING FOR ASSESSMENT OF LIEN IN ORDER TO RECOVER FUNI~ EXl~DED TO ABATE PUBLIC NUISANCE ON LOT 1, BLOCK 280, GOLDEN GATE UNIT 8, PART 2 (OSCAR AND F-tT~LEEN PATiN0) 89-412 PROVIDING FOR ASSESSMENT OF LIEN IN 0~ TO ~C~ ~ ~ ~ ~LIC ~IS~ 0N LOT 4, BL~ 246 GOLD~ (L~L A. TI~OV) ' UTI01~ 89~_413 PROVIDING FOR ASSESSMENT OF LIEN IN ORDER TO RECOVER g~-~gNDED TO ABATE PUULIC NUISANCE ON LOT 3, BLOCK 83, GOLDEN TE m~T 8 (~ :. SULL~AN} See Pages ~)LSOLOTI011 89-414 ~VIDIN$ FOR ASSESSMENT OF LIEN IN ORDER TO RECOVER FUND~ ~ ~ ~ ~LIC ~IS~CE ON LOT 41, BLO~ 371 ~CO B~ ~ 11 (A~IO DE ~SUS GO~KS See Pages ~~ Page 31 December 12, 1989 FINAL PLAT APT~I~AL OF "CRT~TAL ~ R.V. R~SORT, I~HASE ONE" S~BJ-~CT TO Accept the Irrevocable Letter of Credit a~ security to guarantee completion of the Subdivision improvements. Authorize the recording of the final plat of "Crystal Lake R.V. Resort Phase One". Authorize the Chairman to execute the Construction and Maintenance Agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. Item ~14A1~ RB~OLUTIOII 89-425 AUTHORIZING PRELIMINARY ACCEPTAF,,CE OF THE ROADWAY, DR&II&GE, WATER ~ S~ ~~ ~R ~ FIR~ ~T OF '~D ~ AT ~~ ~ ~T ~A; L~S 7-2~" See Pages ~&- ~, / LI~'~t0CEHOAD I]Q~tOV~IT PRIORITIES IN THE GOLDEN ~ATE E$'T&TES Zt~m~14C! AC~EPTJLI~'~ OF HAT~I~AND SEWER FACILITIES FOR~LL~$T SUBJ~ TO 1. The Florida Department of Environmental Regulation furnishes a letter authorizIng to place the sewer system Into service and approving the water distribution system for service. 2. The Fire District furnishes a letter accepting the fire hydrants for ownership and maintenance. 3. Bacteriological testing has met the County's requirements. Recorded tn OR Book Pages It~,14D2 ***Documents not received in ~lerk to Board office as 2/5/90*** ACCEI"'T~ OF HATER SEWER FACILITIES FOR BENTLEY VILLAGE/U.$ 41 WATER Recorded tn o. Book Xt~ ~J.4D3 h~ 52 Dece~be~ 12, 1989 ACCEPTAI~"E 0FNATERAND SEWER FACILITIES FOR EM~RAI~D (~ T ~ ~ 26) ~~ ~ ~I~TION 1. Bacteriological testing has met the County's re~treaents. Recorded t, 0R Book /~/ ACCEFTAI~ OF RATER FACTLITIES FOR B~I~, ~[ II, XT ~ 1. Bacteriological testing has met the County's retirements. EXEC~TIO]I OF DEEDS NOS. 610, 611, 612 AND 81~ FOR BURI)~ --~.Y~ ~T LAKE DHL*~H 19, 1989 ~ET FOR A PUBLIC HEARING TO CO~3IDER RNVOKING CEI~TIFX~AT~ OF INY~LIC CO~~ ~ ~SI~ ~ J~S ~ ~ D/B/A ~ ~~ATION, N~S T~ S~, ~ 19, 1989 SIT FOR A PUBLIC HEARING TO CONSIDER AWARDIII~ CERTIFICATE~ OF PUBLIC CONVENIENC~ AND NECESSITY TO GERHARD SIELING IND~ TRANSPORTATION, NAPLES TAXI, INC., COLLIER LIMO INC.t lEND ~DgI'ARn EVERSOLE, D/B/A FIRST CLASS TAXI I SERVICE SAL~ OF 3.47 ACRE~ OF SURPLUS COURT~ LAND ON PRICE STRE~'f AWARDED TO MR. NICRDLAS SMIR~OVf SR. IN TH~ ANOUNT OF ~31f249.98 .z,./. zz.. CERTIFICATES OF CORItECTIORAS PRESEIrI~D BY THE FROPERTYAPTRAISER,S 250-252 1988 TAX ROLL 79-99 1989 TAX ROLL 12/2! - 11/30/89 11/22 - 12/1/89 1989 TANGIBLE PERSONAL PROPERTY Page 33 December 12, 1989 1989-79/1989-87 11/28 .- 11/30/89 ~:~I'I~AG&.T~T/)~ ]q3R Z]INAI"~ R0~. &~62941, A~45915, 59310 62952, ~4726o A~41353; A]ID J~58855 ' &Emr~mur. gx3,nrz~s ~OR COURTROO~ SZCURITY CO',~RACT 87-1164 .N~l~'~:O~ CO~__~DE~CZ - FZLgD &RD/OR RE~RED There being no objection, the Chair directed that the follow/ng miscellaneous correspondence be referred and/or ftled. 1. 11/21/89 letter to Honorable Burr L. ~aunders from Robert G, Nave, Chief, Bureau of Local Planning, DCA, thanktn~ him f~ submitting copies of proposed comprehensive plan amendments. Referred to Nell Dorrill, Frank Brutt, Start Liteinger and filed. 12/1/89 memorandum to All Local Governmentc ':~m ~,ewts O. Burnside, Jr., Director, Division of gousj-.? a~d Community Development, DCA, re: Notice of FundinC A',-/labtltty .. Community Services Block Grant. Referred to !ietl Dorrlll, Frank Brutt, Russell Shreeve and filed. 11/27/89 letter to Chairman, Collier Co~.nty Board of Commissioners from Patrick Kenney, Environmental Specialist, DER, enclosing short form application, File No. 111729635 Involving dredge and fill activities. Referred to Nell Dorrlll, Frank Brutt, William Lorenz and filed. 11/27/89 letter to Chairperson, Board of County Commissioners from Jena Swindle, Environmental Specialist, Wetland Resource Regulation, DER, enclosing short form application, File No. 11-173024-9, Immokalee Road Partnership, Involving dredge and fill activities. Referred to Nell Dorrtll (letter only), Frank Brutt, William Lorenz and ftled. 11/22/89 Notice from DER of Proposed Rulemaklng, Docket No. 89-57R, Rule No. 17-312.040(6), Rule Title: Jurisdictional Declaratory Statements. Referred to Netl Dorrtll, Frank Brutt, William Lorenz and flied. 11/30/89 letter to Commissioner Burr L. Saunders, Chairman, Board of County Commissioners from Dr. Jane Polkowskt, HRS, submitting final Contract Management RepOrt for the October 1, 1988 to September 30, 1989 contract year. Referred to Finance and flied. 7. Minutes: Bo 11/09/89 Library Advisory Board, with attached Librarian's Report. 12/12/89 Agenda, 11/14/89 minutes for Golden Gate Parkway Beautification Advisory Committee. 12/07/89 Agenda, I0/19/89 and 11/16/89 minutes for Collier County Planning Commission. Page 34 10. 12. 13. 14. December 12, 1989 Amended Motion to Intervene by SWFRPC, Collier Development Corporation, Petitioner, vs. City of Naples, Florida, Respondent, Case No. 89-29. Referred to Ken Cu¥1er, Frank Brutt and filed. 9. Notice to Owner A. 11/21/89 Notice to Collier County Board of Commissioners from Ajax Paving Industries, Inc. u:tder an order given by Mtlmir Construction advising Lhat they have furnished Asphalt Materials, Equipment, Trucking and Labor for the North Regional Waatewater Job *2488, Immokalee Road. R~ferred to Net1Dorrlll, Skip Camp and filed. B. 11/$0/89 Notice to Collier County Board of Commissioners from Florida Misc. Steel Products, Inc. under an order given by Mtlmir Construction, advising that they have furnished materials to the Collier County North Regional WWTP, Immokalee Road. Referred to Neil Dorrlll, Skip Camp and fi/ed. Copy of 11/20/89 memorandum to Fire Consolidation Study Group from Deputy Chief Ken Rodgers, North Naples F~re Control and Rescue D/strict re: Rebuttal to the D~velopment Servic~ Narrative of October 17, 1989. Re£=rred to BCC ,:,,, fi/sd. 11/30/89 Franchise Fee Audit for Palmer Cabi~vi~l~n, prepared by Carmen Fatica, CPA, Director of Inter~=l .~ud~t Reforred to BCC and filed. ' 11/14/89 Florida Sales Tax Validated Tax ~cetpt Data for September 1989, Monthly Statistics. Referred to Joe Warren, Finance and fl/ed. 11/30/89 letter to Commissioner Burr L. Saunders from Don Hunter, Sheriff, Collier County, re: Fiscal Year 1988-1989 and enclosing Financial Statements. Referred to Budget and filed. 11/28/89 letter to Commissioner Burr L. Saundere from Connie Mack, U.S. Senate, attaching communication from Mr. Joseph A. Long re: Utilities Division. Referred to Nell Dorrtll Ken Cu¥1er, Mike Arnold and fl/ed. ' Page 35 December 12, 1989 ~nME~',. C .. [~ILE$ :' CLERK There being no further business for the good of the County, the meeting was adjourned by Order of the Chair - Time: 1:35 P.M. BOARD OF COUNTY r'OMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL as presented BU~T L. SAb]~DEI{S, CHAIRMAN ,roved by the Board on~.. ~. /~.~ or as corrected 67-' Page 36