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BCC Minutes 10/24/1989 R Naples, Florida, October 24, 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 having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION ]n Building "F" of th~ Govirnment Complex, East Naples, Florida, with the following members present: VICE-CHAIRMAN: ABSENT: Max A. Hasse, Jr. Richard S. Shanahan Michael J. Volpe Anne Goodnight Burr L. Saunders ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Maureen Kenyon, Annaliese Kraft, and Ellie Hoffman, Deputy Clerks; Neil Dorrill, County Manager; Ron McLemore, Assistant County Manager; Brian MacKenzie, Assistant to the County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, Co,~nty Attorney; George Archibald, Public Works Administrator; Kevtn O'Fonnell, Public Services Administrator; William Lorenz, Environmental Services Administrator; Frank Brutt, Community Development Administrator; Ken Baginski, Planning Services Manager; Bob Blanchard, Comprehensive Planning Manager; David Weeks, Ron Lee, Bob Lord, and Ron Nino, Planners; Dick Clark, Contractors Licensing Code Enforcement Supervisor; Leo Ochs, Admin~strative Services Administrator; Sue Fi'son, Administrative Assistant to the Board; and Deputies Sam Bass -nd Tom Storrar, Sheriff's Office. Page October 24, 1989 Ztu ~3 AGENDA - APPROVED WITH CHANGES Commissioner Shanahan moved, seconded by Commissioner Volpe and carried 4/0, that the Agenda be approved with the fol/metng changes: 1. Item 7Al, Petition V-89-15 continued to 11/14/89 2. Item 6B4, Petition R-87-28C continued to 11/7/89 3. Item 7B2, Petition PU-89-11 continued to 11/7/89 4. Item 14G! moved to Item 9Gl re grant proposal submission to the DNR for the artificial reef program 5. Item 9A2, Petition C-89-5, Deleted. 6. Item 4B re discussion of emergency legislative hearing re Pelican Bay Improvement District - Added 7. Item 9B2 re agreement with Vineyards Development Corporation for street lighting in the Vineyards Unit 3 companion Item to 6C4 - Added ' 8. Item 12C re discussion of fairgrounds rezontng. Goodntght) - Added (Commissioner 9. Item 14C2 moved to Item 9C1 re contract for Shelter for Abused Women. 10. Item 14C~ moved to Item 9C2 re resolution requesting lease managemen~ of the Barefoot Beach preserve property 11. Item 12D re dlscusslon White Paper regarding moratorium of State Roads - Added 12. Item 6B1 re Petition DRI-88-1C, continued to 11/14/89 Item #4A MINUTES OF REGULAR BCC ~r~TING OF SEPTEMBER 26, 1989 - APPROVED Contsetoner Shanahan moved, seconded by ¢oufsstoner Volpe and carried 4/0, that the minutes of the Regular BCC meeting of September 25, 2989, be approved. Ite~ #4B EHERGENCY LEGISLATIVE HEARING TO BE HELD AT CITY HALL THIS DATE ~RE~ARDING PELICAN BAY IMPROVE~WT DISTRICT County Manager Dorrtll stated that this item is with regards to an eme=gency meeting of the Collier County legislative delegation that is being held this morning at 10 A.M. at City Hall to consider some pro- posed changes in the legislation that created the Pelican Bay Page 2 October 24, 1989 Improvement District. He indicated that he will be attending the meeting to represent the aCC and their rights primarily as they effect the regional provision of the water and sewer services and to discuss with the legislative delegation whether a bonafide emergency exists that could Jeopardize the County's plans and investments in a regional utilities system, adding that while he may be representing the BCC he will not bind the BCC to any particular agreement. ORDINANCE 89-70 !I~ PETITION R-89-1! GLENN E. CAI;DILL OF ANCHOR ~GIiI~EEING RKPI%ESENTING S~B~Y ASSOCIA~S ~Q~STINO A ~ZO~ ~ A-2 TO ~ FOR SINGLE F~ILY ~SIDENCES ~ A GOLF ~ CO~ ~ O~ ~ ~ST S[OZ OF C.~. ~ ~0~ OF ~ZS~ ~OCE aO~ TO aZ ~ ~ C~A ~ SOL OOLF ~ CO~Y CL~ - ~D ~~ TO P~ITIO~'S A~ Legal notice having been published tn the Naples Daily News on October 5, 1989, aa evidenced by Affidavit of ~blication fi/ed with the Clerk, pub~lc hearing was opened to conslder Petltion E-89-11 f~led by Glenn E. Caud~ll of Anchor Eng~neerlng, representing Shrewsbury Associates, requesting a rezone from A-2 to PUD for s~ngle family residences not to exceed 650 dwelllng un,ts and a golf course ~d related facilities to be kno~ as Casa Del Sol Golf and County Club for property located on the west e~de of CR-951, 3/4 m~le north of Rattlesnake Ha~ock Road ~n Section 15, To~shtp 50 South, Range 26 East, consisting of 240 acres. ~lanner Lord stated that Petition SHP-89-15 ts also a companion petition which ~s a Subdivision Master P/an approval. He ~nd~cated that the ob~ective of th~s project is to permi~ the development of a m~m of 650 a~ngle family lots, noting ~hat the proper~y, when completed, w~ll consist of 30 acres of golf course, 37 acres of lakes, 9 acres of wetland and 30 acres of conservation area, which would l~ave a bal~ce of 134 acres of homeettes, clubhouse, amenities, sewer ~reatnent plant facilities and roads. He stated that land to the west te the develop~ng Shado~ood PUD, also kno~ as Wing South Air Park; /~ds to the north, east and south are currently undeveloped A-2 zoning. He noted that the sub~ect property ts located within the Page 3 October 24, 1989 coastal urban area and the density rating system would allow ? units per acre; however, this project shall have a density not to exceed 2.7 units per acre. He indicated that the proposed rezoning is deemed to be consistent with the Growth Management Plan, adding that the CCPC held their public hearing and forwarded this petition to the BCC with a recommendation of approval subject to staff stipulations. He stated that no one spoke for or against this petition and no correspondence has been received. He indicated that Staff has reviewed this petition and found the Subdivision Master Plan in compliance with the sub- division regulations and Staff is satisfied that all the concerns relative to the development of this land have been addressed and appropriate stipulations have been drafted to require compliance with the County standards, development requirements, and consistency with the Growth Management Plan. He stated that CCPC also reviewed SMP-89-15 and recommended approval of this petition. He stated that there are no objections to this request. Attorney George Varnadoe, representing the Petitioner, stated that water is available to the site and sewer will be provided by the treatment plant unless the County's system is available by build-out of this project. Mr. Varnadoe stated that there will be a 30 foot emergency access point only and it will not be open to the public. He indicated that the access to this project will be from C.R. toting that the fire department has approved of this. In answer to Commissioner Shanahan, Mr. Varnadoe stated that there is a provision that indicates that the Petitioner cannot exceed a certain number of units until C.R. 951 is four-laned, which was at the request of the transportation staff. He noted that a traffic ana- lysis will have to be done after a certain number of units are built. He noted that the County asked the petitioner for 25 feet of right-of- way on the west side of C.R. 951 which the petitioner has agreed to, noting that the petitioner will also provide the turn lanes and the deceleration and acceleration lanes on C.R. 951. He indicated that Page 4 October 24, 1989 the petitioner will also be providing the Intersection improvements and the median cut when It la four-laned. Commissioner Volpe questioned If there Is any provision for access to the west, to which Mr. Varnadoe stated that It would not be possible because of the runway at Wing South Air Park. In answer to Commissioner Volpe, Planner Lord stated that the transportation comments tn the PUD documents indicates that prior to the 280th building permit, the developer shall provide a transpor- tation Impact study to analyze compliance with the County's con- currency management system. Mr. Varnadoe stated that this Is a fairly low density project, noting that there will be open space with a lot of amenities. Commissioner Volpe questioned when the determination would be made aa to what types of homes would be built and whether manufactured homes would be placed on the project, to which Hr. Varnadoe stated that the determination would be made at the time of marketing. Commissioner Volpe stated that he has reservations with regards to manufactured housing, to which Mr. Varnadoe stated that manufactured housing ts built In components and set up on the site, adding that garages and lanals will be built to these homes and there will be no difference In appearance between this type of home and a conventional built home. He stated that the issue ts the zoning to single family ~-stdencea and not the type of single family residence that would be built on the site. Commissioner Volpe questioned if there are immediate plans to begin on this project, to which Mr. Varnadoe Indicated that it will take approximately 18 months before construction could begin because of the various permits that are required. Mr. George Keller, representing the Collier County Civic Federation, stated that manufactured he,es are built tn the factory and come to the site in sections. He stated that ~hen they are built together they look like regular homes. He Indicated that he does not Page 5 October 24, 1989 lika the name of the project. Mr. Vtnce Barra stated that a manufactured home has two different types of concepts, nottng that one ts a modular concept of various pieces that are built at the factory and put together on site and the other ts the complete unit that ts brought in two sections and put together on site. He Indicated that he has done a lot of research on the matter and they are not sure which t~pe of home they prefer. He noted that a garage and lane! will be built to the units and they will look like conventional homes because they will be secured to the ground and will have a footer. Commissioner Volpe stated that he feels that it is important to understand what flextbiltttes there are under this PUD document. He atated that he ~a concerned aa to how title to the property will be conveyed and questioned if it ia the intent to transfer title to these lots to the end user, to which Mr. Varnadoe stated that this ts the Intent but there ts nothing in the PUD that would prevent the deve- loper from building units and /easing them out. He stated that th~a has nothing to do with a land use decision, noting that this would be controlling what someone does with their own home. He noted that the use Ia what the BCC Ia to consider and the form of ownership or the use of that property ia what the private market decides. ~.ommteeton~r Shanahan moved, seconded b~ Co~teetor~ Goodntght ~'~d c~T~ed 4/0, t~ the ~bl~c hearing ~ closed. Cmtsstoner S~~ ~ed, ~co~ ~ Co~teetoner Goo~lght ~ c~1~ 4/0, t~t the Ordtn~ce as n~red ~d titled ~1~ ~ ~t~ ~ ~ter~ into Ordtmce ~ok 36 ~b~ect to the ~tttt~r~e ORDINANCE 89-?0 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 50-26-5 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAl, PROPERTY FROM "A-2" TO "PUD" PLANNED UNIT DEVELOPMENT FOR SINGLE FAMILY RESIDENCES (NOT TO EXCEED 650 DWELLING UNITS), GOLF COURSE AND RELATED FACILITIES TO BE KNOWN AS CASA DEL SOL GOLF AND COUNTRY CLUB FOR PROPERTY LOCATED ON THE WEST SIDE OF CR-951 AND 3/4 MILE NORTH OF RATTLESNAKE HAMMOCK ROAD IN SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 240 ACRES~ AND PROVIDING AN EFFECTIVE DATE. Page 6 October 24, 1989 RESOLUTION 89-293 RI Prl*ZTZON aMP-89-15 GLEN CAUDZLL OF ANCHOR 11~313rKI3qZNG RKPltKSI3FTZNG SHREWSBURY A$SOCZATKS RK SUBDZVZSZON MASTER _.PLA~APPROVAL FOR C__A$_A DEL SOL GOLf AND COUBTRY CLUB - ADO~ Legal notice having been published In the Naples Dally News on October 8, 1989, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened to consider Petition SMP-89-15 filed by Olen Caudtll of Anchor Engineering representing Shrewsbury Associates requesting Subdivision Master Plan approval for Casa Del Sol Golf and Country Club, companion item to Petition R-89-11. Commissioner Shanehen ~md, seconded by Conisstone~ Goodntght end co. rr~ed 4/0, that the public hearing be cIosed. CoB~issionor Shmnah&n ~oved, seconded by Contsstoner Ooodntght 8ild csrTted 4/0, that Resolution 89-293 re Petition ~NP-SO-la bo Page 7 October 24. 1989 · TAYF DIRECTED TO DEVELOP A PRO~RA~ TO ~0~CT ~ HISTORICAL ~O~IC~ ~SO~Cl$ I~I~ ~SUIN~ STA~ ~ ~ ~ TO Mr. Ka~h Materhouse, Preslden~ off Southwest F~or~da Archaeolog~ca~ Society, stated that the purpose of th~s ma~ter have an ordlnat, ce developed to protect the archaeological deposits Collier County. He read from various reports that he had prepared and presented to the BCC as part of the record. He noted that their pri- mary reco~endat~ons are that re~lattons encompass land actions of various types to afford m~imum protection and not be confined ~or developments; tha~ the County archaeological survey be completed ~d .e~e be provided to keep ~ up ~o date; and that provisions be Bade for professional participation ~n the re~latory process. He noted that they are w~tng ~o assist ~he County ~n whatever means are Comprehensive Planning Manager B~anchard eta*~d that preparation of the land developmen~ red,at,on was started to address th~e con- cern, no~ng tha~ based on a number of issues the original ordinance was w~thdra~. He noted tha~ add~ona~ research has been done s~nce then and the only t~me restriction ~e Au~st ~, 1990, which ~s ~he deadline tha~ i8 outlined ~n the Conservation Coastal Nanagemen~ K~emen~. He sta~ed tha~ ~f the BCC ~8 ~n favor of pursuing a ~reater program to Address h~stor~cal and archaeological resourc~ ~n this Cowry, the program should be coordinated through public v'ces but w~th the ~nvolvemen~ of the Growth Planning Department, Long-R~ge Planning, and Developmen~ Services as well as the natural reoources people. He noted ~hat there has never been any d~rect~on from the BCC w~th regards ~o what priority to place on th~s particular ~esue. He ~nd~cated that his reco~endatton to the Board ~s to pre- pare ~ ordinance ~d develop a work program tha~ ~ould meet the deadlines ~n the Growth Management Plan and work w~th the Society ~d the Archaeological Society and bring same back to the BCC. Page 8 October 24, lgsg Commissioner Shanahan stated that he would support a program that would Involve the Archaeological Society that could be brought back to the SCC. Commissioner Ooodntght stated that she feels that if there are grants available, they should be explored. Mr. BI·richard stated that the Inventory needs to be completed and grant monies would help with this Inventory. Mr. Arthur Lee Indicated that Lee County has a comprehensive ordi- nance In effect which does not Interfere with development. He indi- cated that there have been only 12 Instances where a review had to be conducted on development sites and they took only a few days to co·plete. He noted that if something ts found on the property, there Is a provision in the Growth Management Plan for adjusting setbacks or a relaxation of green space requirements. He Indicated that there are trade-offs to compensate for archaeological fines. Co~i··ioner Sh~n~han ~ov~d, ·econded by Commissioner Goodntght ·nd c~ried 4/0, that the Staff be dtrectet to develop · progru to prote~t the htmtortc·l and archaeological resources of Collisr County, including pv~-'~ning mt·to grants; that Staff work with the A~ch~eological ~nd listortcal Society ~nd then return to the BCC with =~id~. O.~DXNANC~ 89-71 RE PI~TITION PDA-89-X1, WILLIAM R. VINES OF VINES & ASSOCIATES, INC. REPRESENTING MOBIL OIL CORPORATION REQUESTING ~ TO THE QUAIL 2 PUD ORDINANCE 82-68 BY CLARIFYING COMMERCI.tL US~S AND FURTHER DEFINING USES THAT ARE PERMITTED IN CONJUNCTION Win! AN AUTOMOBILE SENVICE STATION FOR PROPERTY ON THE NORTH SIDE OF !MMOEALEE ROAD - ADOPTED SUBJECT TO PETITIONER'S AGREEMENT Legal notice having been published tn the Naples Daily News on October 5, 1989, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened to consider Petition PDA-89-1! filed by William R. Vines of Vines & Associates, Inc. representing Mobile 0tl Corporation requesting amendments to the Quail 2 PUD Ordinance 82-68 by clarifying the commercial uses that are to apply to the Quail II PUD commercial area and to further define uses that are Page 9 October 24, 1989 permitted tn conjunction with an automobile service station for pro- perty located on the north aide of Inmokalee Road, approximately one nile east of 1-75, Section 20, Township 48 South, Range 25 East, Collier County, Florida. Planner Nlno stated that this deals with a proposed amendment to the commercial part of the Quail II PUD area, attempting to define the commercial activities that would be permitted within thio commercial section. He noted that the commercial area ts located approximately 3,000 lineal feet from the 1-75 Intersection. He Indicated that this co-mercia1 ia for the entirety of the 30 acres but there is a specific concern for the most southeasterly corner of the area. He noted that the original PUD document indicated commercial tn genera/ as the per- matted uses without specifying what they were, adding that it suggested that the C-3 uses would be used aa a guide but that left administrative discretion that could be a problem. He noted that the Petitioner Is Interested tn building an automobt2= service station together with a car wash component and was advised that the car wash component would not be permitted. He indicated that he feels that the PUD document ta very liberal and it could be argued that this petition has no real foundation. Re noted that the Petitioner ham indicated that the uses of C-3 ts what ts intended for this area. He 8~ated that Staff would determine that there Is consistency with the Growth Management Plan because a more compatible set of land uses ts being created. He Indicated that the CCPC endorsed this petition, ntttng that there was considerable objection to the amending of this PUD document. Commissioner Haaae questioned If there were would be a greater impact if the car wash was allowed tn conjunction with the automobile service station, to which Planner Nlno stated that a car wash would not add to the Intensity of u~es for this site. He stated that there are other commercial uses that could be put on this site that would have a greater Impact, like a bowling alley. Page 10 October 24, 1989 Nr. Vines of Vines & AJsociates, Inc., stated that he flied this application at the request of Staff which grows out of a PUD document that was approved by the Board of County Commissioners tn 1982. He stated that the degree of specttlvlty at that time was not nearly as great as it is now, adding that the language of that document citing that commercial ,ieee are permitted and the C-3 regulations shall be used as a guide left more for administrative Interpretation than Staff was comfortable with. He stated that he was requested to bring the language more in line with the current requirements which Is why he ts before the BCC at this time. He referred to the property on an overhead map, Indicating the location of the property and the entrance to the automobile service station. ·nd c~ted i/O, that the public hearing he closed. C4~e~issioner Sh~n~han ~oved, seconded by Contsaloner Goodnight ·nd c~rted 4/0, that the Ordinance mm nu~hermd and titled below be ~ted m~ entered into Ordinance Book 3e subject to the Petlttonertm ORDIN&NCI e9-71 AN ORDINANCE ANENDING ORDINANCE 82-68, AS AHENDED BY ORDINANCE 83-52, CLARIFYING THE COI~ERCIAL USES THAT ARE TO APPLY TO THE QUAIL 2 PUD CO~4ERCIAL AREA AND TO FURTHER DEFINE ~HAT USES ARE TO BE PERldITTED IN CONJUNCTION WITH AN AUTOMOBILE SERVICE STATION FOR PROPERTY LOCATED ON THE NORTH SIDE OF I~OKALEE ROAD, APPROXIMATELY ONE MILE EAST OF 1-75, SECTION 20, TOI4NSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. Page October 24, 1989 BUi~ET~ RESOLUTIONS 89-26; 89-27: 89-28; A~D 90-01 APPROVING ~ TO T~ fiSCAL YE~F~ 1988-S9 A~D 1989-90 ADOPTED BUIXrI~S - Legal notice having been published in the Naples Daily News on October 19, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider amending fiscal years 1988-89 and 19b~-90 adopted budgets. Finance Director Yonkosky stated that this is an advertised public hearing and is a method of formally amending the budget for fiscal year 1988-89 and the first formal amendment for fiscal year 1989-90. He stated that Chapter 129.0§ require8 the BCC to amend its budget in certain circumstances through an advertised public hearing. He stated that any time that carry for~ard te amended or tnterfund transfers are increased or the total appropriations of the fund are increased, Chapter 129.05 requires that the budget be formally amended In an advertised public hearing. He noted that all the budget amendments have been brought before the BCC In the last quarter. He stated that the first budget amendment resolution for fiscal year 1989-90 Is for an Internal service fund for the self-Insurance concept so that money that is budgeted In each Individual appropriation unit can be transferred to establish a reserve. He stated that It Is a relatively large amount of money and Is required to be brought before the BCC. Ce~tuloner Goodntght ~ved, seconded by Coulmalonmr Sh~ · ~d c~r~ied 4/0, th.it the public he&ring he clowed. Co~asion~r Goodnight ~r~ed, seconded by Co~taatoner Sh~nah~n ~nd c~r~led 4/0, that Budget A~end~ent Re~olutton~ 89-26; $9-27; 89-28 · nd SO-Ol be ~dopted. Page 12 October 24, 1989 1~OL~1'];01 89-294 R~ P~I'XTZON AV-89-015, ~CHOR ~NGX~/RG A V~O~ OY D~X~A~ ~~ ON LOTS e ~ ~ oy Legal notice hav/ng been published In the Hap/es Daily News on October 8 and October 15, 1989, as evldenced by Afl/davit ~bllcatlon filed with the Clerk, public hearing was opened to con- · lder Pet/tlon AV-~9-OI~ f1~ed by Anchor Englneer~ng re~esttng vaca- tlon of drainage easoments on Lore 6 and 7 of the p~at o~ the Vineyards, Tract "F", so petltAoner can better utilize property. Tr~sportatton Se~tces Administrator Archibald stated that this Aocatlon As An the centra~ part of the V/neyards development and was ortg/nally platted as a tract map and was repIatted as Unit now ~rrently a part o~ a rep2at 1nto s/ngle-famtly 1ots kno~ as Sonoma L~es. He 1ndtcated that this vacation As to vacate a drainage eaeement that affects Lot 33 o~ Sonoma Lakes PUD whlch ~ould th]~ lo~ to be properly developed ~or a s/ngle-~am11~ home. He 1nd1- cared that thls also /nvolves the relocation of a storm draln plpe that would be done as part of the PUD development. He stated that the petttlon has been revlewed by a11 necessary agencies and As part of a developing PUD. He 1ndlcated that he t~ reco~endtng approva1 this resolutton wtth a change tn the Xst paragraph to include addi- tional 1an~age ~htch makes re~erence to the ortglna1 plat and the rep2at. Cm/m~t~r 8~ ~ed, meconded ~ Co~As~toner ~ ~1~ 4/0, t~t the ~b1/c hearlng ~ clomed. ~iM 4/0, ~t ~Iutloa 89-294 ~ a~pt~ ~bJ~t to a c~ An Page 13 October 24, 1981~ RESOLUTION e9'-295 R~ FETITION AV-89-019, WILLIAM C. MCANLY, ~ VACATION OF A PORTION OF TH~ UTILITY EASEMENT ON LOT ~BLOCE '2', K~T PJkR~REPLAT - ADOPTED Legal notice having beon published in ~he Naples Daily News on October 8, 1989 and October 1§, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- s/der Peri,lot, AV-89-019, filed by William C. McAnl¥, requesting vaca- tion of a portion of'the utility easement on Lot 29, Block "2", Regent Park Rep/at. Transportation Services Administrator Archibald stated that this 1rem was submitted by Mr. McAnl¥ for the owners of Lot 29, Block 2, of Regent Park as replatted. Ne stated that the location of Regent Park is Just south of Immokalee Road and north of the Four Seasons Subdivision. He stated that the area has been platted Into single- family lots and this vacation addresses a single-family lot that ts located on a cul-de-sac and as a result of that location, it ie not a normal rectangular lot and there were problems of laying out the house and the pool, adding that the pool has an encroachment into the drainage easement of five feet. He stated that to resolve the problem, the owner and the developer have considered vacating a corresponding portion of the drainage easement w/th the effect of re-establishing the setback. He stated that this procedure is accep- table. He stated that letters of no objection have been received from the app"oprtate agencies and Staff ts recommending approval. Commissioner Volpe questioned if the pool deck encroaches Into a uttllty easement, is there anV problem with that utility easement, to which Mr. Dwight Nadeau, repre=~enttng the Petitioner, stated that there are no utilities in the utility easement. He sta~d that the developer placed a portion of the pool deck into the utility easement, noting that the property boundary has been modified by the developer to accommodate the setback area and the drainage retention area will Page 14 October 24, 1989 be conveyed to the property owners association and there will be no adverse lapact on the property owners tn the area. He noted that the adjacent property owners have no objections. He stated that Jn ~he subdivision code there was a requirement for a 10 foot rear yard uti- lity easement for FPL, but they are no longer using those rear ease- aente and are u~lng the ones tn the front of the properties. Transportation Services Administrator Archibald stated that this Is to vacate a part of an easement and supplementing it by the transfer of property as part of the drainage easement under the control of the developers or homeowners associations. Ce~ahtw~ione~ ~x~nlght ~ov~d, seconded by Commissioner Volp~ amd c~l'l~d 4/0, that th~ public hearing be closed. C~i~ion~r S~mhan~oved, ~econded by Cmmiaelon~r Volp~ ~nd ~t~ 4/0, t~t ~olutt~ 89-295 Page 15 October 24, 1989 O1~~ 19-72 ~TZN~ A STI[~ LI(~]~I'ING DISTI~ZCT IN ~ Legal notice having been published In the Naples Daily News on October 3, 1989, as evidenced by Affidavit of ~bllcatton flied with the Clerk, public h~artng was opened to consider the creation of a street ltghttn.-district tn the Vineyards, Unit 3, Subdivision. Tr~sportatton Services Administrator Archibald stated that the Co~ty tries to create t~lng districts prior to the end of the calen- ,:a~ year so tha~ if it ts necessary it can be included tn the upcoming year as part of the budget process. He stated that this Is a recom- mendation of staff to create a special taxing district for the purpose of street lighting for the Vineyards, Unit 3. He noted that FPaL and reco~ended the Installation of approximately 40 street lights which will cost over $8,500 per year. He stated that if the BCC approves this district tn accordance with the Subdivision Re~lattons, the District would be created and tn mid 1990 the budgeting would be done for it ~d the f~ds would be received tn early 1991 and the street lights would be installed tn early 1991. He stated that he Is recom- mending tha~ the District be created, adding that Item 9B2 ts a com- p~ton Item which ts an agreement between the developer and the Cowry, noting that the agreement would like to go ahead and Incur the cost to operate the lights and have them tn place until f~ds are availabl,~ in the District. Co~tssloner Volpe stated that this agreement means that the Cowry will reimburse the developer from a special t~tng unit and ~esttoned if there are any safeguards, to which County Attorney ~yler stated that the develope~, only gets reimbursed once the are collected. Tr~sportatton Se~tces Administrator Archibald ata~.i that there is no reimbursement to the Developer for the period from which the lights are installed to the period ending September 30, 1990, adding that ~y e~ense incurred from the time the lights are installed until Page 16 October 24, 1989 the and of the fiscal year would have to be paid up front by the Developer. He stated that the County would invoice the Developer ahead of time and get monthly payments ahead of the County's invoicing to be ~urs that there is money available and the only advance payment would occur from October, 1990, only if a budget is created and reve- nues are available. He noted that if the budget is created, the reve- nues will be received by the County during the months of December, Janual~f and Februax~, which means that the funds will be in-house for t;te operating costs from October of ~990 through the remainder of that year for the following ~2 month period. He stated that the cost of ~nsta[[Ing and operating the lights and then they charge the Cowry a cost for the lights, the lines, the ~nstallat~on, and the ~ =t~ 4/0, t~t ths ~bltc h~ut~ ~ cloud. C~t~t~r S~ ~d, s~c~ded ~ Coatsst~r Vol~ ~i~ 4/0, t~t t~ ~dimce as m~red ~d t~tl~ ~~ ~ ~te~ ~nto Ord~mce ~ok 36: O~I~CE 89-T2 AN ORDINANCE CREATING THE VINEYARDS UNIT 3 STREET LIGHTING ~NICIPAL SERVICE T~ING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR P~POSE AND POURS: PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND T~TION ~TE; PROVIDING FOR T~ ASSESSMENT AND COLLECTION; FROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. A~ ~ ~ ~~S D~O~ CO~TION ~R ~l~ 4/0, t~t ~ ~~t w~th t~ Vin~ Page 17 October 24, 1989 eases Re~gc 20:45 A.M. - Reconv~ned: 11:00 A.M. at which ti~e De~ut~ Clerk lraft replaced DepuW Clerk Xenyon O~~ 8~73, ~TXRG ~ RInD ~BILE H~ P~ S~ LX~ ~C~P~ ~~ T~I~; ~;T - ~eg8l no~ice havln~ ~een published In the ~aples Daily Hews on October 3, 19~9 as evidenced by Aff~dav~ o~ ~bltcatton ~A~ed with the C1~rk, public hearing was opened to consider an Ordinance creating the Rtve~ood Hobtle Home Park S~reet Lighting ~unActpal Se~tce T~1ng Unit; providing the boundaries of the unit; des/~atlng the governing body of the unit; providing for purpose and powers; pro- vldAng for ~nual estimates of expenses and t~atlon rate; prov/d/ng for t~ assessment ~d col/ectton; providing for construction and an effect/ye date. Tr~sportatton Servlces Admlnlstrator Archibald advised that Rtve~od Hobtle Home Park 1~ a subdivision located on Henderson Creek on the east side o~ S.R. 951; ~tth 5 platted un,ts that have been completed and In accordance with Subdivision Re~lattons and Staff reco~ends a street llgh~tng d/strict be created. He noted that the pl~ submitted by Florida Power ~ Light recommends tnstallat/on 18 street lights at a cost of approxlmately $200.00 per month. indicated tha~ S~aff ts asking the Board of County Co~tsstoners approve the Ordinance, ~hlch has been reviewed by the County Attorney's Office for creation of a street lighting HSTU for the foll~1ng ~At~ o~ Rtve~ood: Unit 1, Unit ~ Addition, Un/t 2, R1ve~ood Eas~ and Rlverwood East - Unit 2. He reported that the ~tts are incorporated into the HSTU and this creates a distract that ma~ be considered for funding An the upcomlng year. Co~tsstoner Volpe ~estloned iff some oF the Independent llghtlng dlstrtcts are being brought into the Collier County EA~',~tlng District? Hr. Archlbald replied tn the afftrmatlve, and e~lalned ~hat the Cowry creates the dlstric~ and Implements ~he ~treet ltghtlng Impro- vements ~d when the millage ra~e and assessment levels out to a fixed Page 18 October 24, 1989 a~ount within 10~ of the amount of the countywide district, the new or older subdivision are brought to the Board of County Commissioners for consideration of incorporation into the County-wide district. Coe~tmton~r Volp~ ~e~d, seconded ~ ~d c~rt~ 4/0, t~t ~~i~r ~h~ ~, seceded ~ Co.tsmloner Vol~ OF ~ ~T; D~TIN~ ~ ~~N~ BODY OF ~ ~IT= ~D~ ~ ~NS~ON ~ ~ ~~ ~~~ C~TI~ OF N~L~Z, INC. ~Q~TIN~ ~ ~C~ON Legal notice having been published in the Naples Da~ly News on October 8, ~989 as evidenced by Affidavit o~ ~bllcatlon ~lled the Clerk, public hearing was opened to consider Petition SDV-89-2, flied by Linde Lawson representing ~estinghouse Co~unltiea o~ Naples, Inc., re.eating ~ exception from the Subdivision Ordln~ce ~6-6, aa ~ended, flor the following described property: The Str~d portion o~ Bay Colony, U~lt 8, Tract A, Pellc~ Bay, as recorded ~n Plat Book ~5, Pages 2~-29, off the ~blic Records of Collier County, ~lorlda. Ron N~no, Planner, advised ~hat Petition SDV-89-2 re~ests excep- t~on~ ~rom the provisions o~ the County Subdivision Repletions Ord~n~ce, which provides ~or the granting oT except~cs~., to t~e adv~tage of that opportunity applTing to an area o~ ~-.~ to be called The Str~d Ba~ Colony ~n Pelican Bay. He reported that report has good Illustrations indicating the location, and pointed out ~he ~ocat~on on the lethe displayed map. He stated that Bay Colony Page 19 October 24, 1989 ~oad stands ~outh of the Ritz-Carlton Hotel between the Gulf of Mexico and the large conservation area running throughout the Pelican Bay Master Plan. He explained that the sliver of land is created by vir- tue of the conservation area and Coastal Construction Control Line. He noted t~tat the PUD was approved in that manner leaving a relatively narrow band of ~d between the Gulf and conservation area located immediately south of the Ritz-Car/ton Hotel and a high-rise apartment building under construction referenced as The Contessa. Mr. Nlno stated that these exceptions have been reviewed by Pro~ect Review Services and have not met with any objections, ~ub~ect to stipulation. He emphasized that the key issue is the ma~or excep- tion for a reduced right-of-way from 60 feet to 24 feet and reduction in the required pavement from 24 feet to 20 feet. He pointed out that physically inspecting the area would show the constraints in place, .aking this request acceptable. He noted that he had walked the 2,600 lineal feet and found there is no other solution. He reported that this area ts zoned for a much higher density than 20 single-family houses that will result from approval of this petition. He explained that it is a Group 4 housing area which allows substantially higher density. He stated that the North Naples Fire Control District has reviewed the plans and consented to approval. In response to Commissioner Volpe, Mr. Nino explained that there is a later letter of approval from the North Naples Fire Control District, subject to satisfying their turn-around requirements. Mr. Nino indicated that at the CCPC .eating it was noted that the exceptions the Board ia reviewing are, tn fact, physlc~llly tn place. In response to Comm~ssioner Volpe, Mr. Nino explained that the road ia 20 feet~ with 18 feet of pavement plus 2 feet r'~ Geoweb, a hard form of pervious hard surfacing on either side, L't%uested and approved b~ the Fire Control District. Ne stated that the CCPC unani- mously endorsed granting of the exceptions, and there was no opposition. Page 20 October 24, 1989 In response to Commissioner Hasae, Hr. Ntno explained that the PUD document requires a lot area of 2,600 square feet per dwelling unit and the lots comply with that requirement, and he noted that the depths are approximately 64 to 65 feet, configured by the 1/mite placed on tl~e Coastal Construction Control Line. Mr. Nlno reported that the land that will support a sing/e-family residence almost the mama size of the re31dence and under normal condtttona there would be Lore land available under fee simple ownership of the house. He noted that density wise and with the perception of the land, the house land is a rather small parcel. A discussion followed about the depth of the lots. In response to Commissioner Nasse, Mr. Ntno stated that the petitioner is allowed zero lot lines and can build on the Coastal Construction Control Line. In response to Commissioner Nasse, Mr. Nino advised that The Contessa, a high-rise building tn the same environment, occupies with its required parking 100~ of its site. Commissioner Volpe questioned the safety Issue? Mr. Nino stated that the Deputy Chief of the North Naples Fire Department must give approval to the ultimate plan, but noted that the Improvements are already physically tn place, and have been constructed to the speci- fications requested b~ the Fire Chief. Attorney George Varnadoe of Young, Van Assenderp, et. al, repre- senting the petitioner Indicated that rather than Include the stipula- tions of the North Naples Fire Deputy Chief tn the agreement, the plan approved by the Fire Chief, be attached. Attorney Varnadoe stated tkat the exceptions are to permit the development of a narrow part of land south of the Ritz-Carlton Hotel. He provided a detailed description of the area on the d/splayed diagrams. In response to Commissioner Nasse, Attorney Varnadoe reported that the petitioner agreed with the State of 7~grtda not to allow any permanent structures west of the Coastal Cona'cuction Control Line, and the house will have a large backyard. In response to Commissioner Volpe, Attorney Varnadoe indicated that he assumed the Page 21 October 24, 1989 holies will orient views facing the Gulf of Hexico. Attorney Varnadoe stated that the lots are large, and there will be 20 single-family homes with a private road and privacy gate on the north, past The Contessa; 3 common areas, pursuant to an agreement with DNR, limited to dune crossovers and accessory structures, gazebos, and areas, but no permanent structures. He noted that there will simply be a Hay of getting to the beach. In response to Commissioner Hasse, he pointed out the location of the privacy gate and the road. Attorney Varnadoe explained that the area to the east of the road tm going to be a conservation area and noted that the stream of the Cl~ua Bay Ketuartne mangrove system ts wetlands and part of the reasons for exceptions to the road right-of-way width is to be able to pre- eez-ve that and narrow the amount of pavement. He advised that on the east side ts a "retaining wall" that goes down and L's under the road providing stability and not getting into demucking the mangrove, wetlands area. He pointed out that the construction ts very expen- sive, but there Is lees impact on the ecology of the area. He stated and described the exceptions: the length of the cul-de-sac of approxi- mately 2,600 feet, with environmental constraints making it Impossible to do anything other than a cul-de-sac; a stipulation reflected on the construction drawings that, in addition to the turn-around, the Fire Department required a pull-in for emergency vehicles to make the turn q~tckly and satisfactorily; the length of the cul-de-sac is a tradeoff between the environmental constraints and trespassing Into the wetlands; the street rtght-o£-tray width reduced from 60 feet to 24 feet with 18 feet of pavement and 2 feet of stabilized Geoweb for emergency vehtcles~ water management being handled on the side through a french drain t~e operation with the road sloped, the drainage going west and percolating Into the sand~ provision for roa~=. ~omucked l0 feet away from the pavement causing intrusion to the wetlands area by the use of a retaining wall; street g~ade with al~ drainage going from west to east, rather than being crowned tn the middle, and the uti/t- Page 22 October 24, 1989 ties are under the street. He pointed out that the area Is a narrow right-of-way, but by going with special designed construction features, a safe and workable design la achieved. In response to Commissioner Volpe, County Attorney Cuyler Indi- cated that he will Insert the appropriate language referencing the site plan the ~orth Naples Fire Department signed off on. In respo1~se to Commissioner Volpe, Attorney Varnadoe pointed out the boardwalk and the beach facilities at the north end of Pelican Bay. Attorney Varnadoe reported that there Is no provision for beach sccess In this area to the public beach. He explained that the Pelican Bay PUD approved In 1977, provided access to the south, a 26 acre park and some parking off Seagate and 3 acres at the north end with parking. In response to Commissioner Volpe, Attorney Varnadoe replied that the dune walkovers are private and for the property O~Tlers. Cm~/Nlon~r Ooo~ntght ~oved, seconded by Comatsstoner Volpe and c~led 4/0, ttmt th~ public hearing tm cloNd. Comat~ton~r Shanahan ~oved, seconded by Co,missioner Goodntght · ~d c~rrted 4/0, that Resolution 89-296, re Petition 8DV-89-2, tm adopted subject to Staff and CCPC stipulations, and appropriate 1~ From the County&ttornoy referencin9 the requirements of the Ilorth~apl~ Flr~ Department tmcoee part of the site plan. Pag~ 23 October 24, 19~9 KI:SOLUT/OI 89-297, PETI?ION v-89-16, DAVID MCET, J~,%TH RKFAKSKNTXN(3 MANOR KELT, TBCARI, X]K:./JMZRTCJmA or NAPLES, REqOXSTXN~ A Vt,~TJUIC~ FOR PROPIRTT LOCATED AT TI~ S(:~2THKKN C(:IRNER Or LAEEMOOD BOOLKVARD AND BOCA Legal notice having been published tn the Naples Daily News on October 8, 19S9 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-89-16, fi/ed by Manor Healthcare, Inc./Americana of Naples represented by David McElrath of Monaco, Cardtllo & Ketth, P.A., requesting a 40 foot variance from the required (southeast) side yard setback of 50 feet, when abutting residentially zoned property, to lO feet, tn a 0-3 zone, for property located at the southern corner of Lakewood Boulevard and Boca Ctega Drive tn Section 13, Township §O South, Range 25 East, David Weeks, Planner, advised that the petitioner requests a set- back variance for commercial structures located adjacent tc residen- tial zoning of 50 feet down to 10 feet to allow a building addition. He reported that there Is an existing healthcare facility located on the site which has a setback of 15 feet from the residential zoning boundary. He explained that in 1981 a building permit was applied for and issued for the existing facility. He noted that the zoning was GRC, which did not have the 50 foot setback requirement. He reported that the setback requirement was 1~ feet from the residential zoning district and that Is where the building ts located. He explained that this is a corner lot with 2 front yards and 2 side yards and the sub- Ject yard ts one of the side yards. He advised that the Site Development Plan was approved tn January, 1988 for b,~t]dtng additions to the existing facility and one of those additions sh..ws a setback at the ~ubJect side yard of 10 feet. He noted that chat site plan was approved tn error by Staff and reported that the required setback in today's Zoning Ordinance for the subject property zoned C-S is 50 feet (~()()64 Page 24 October 24, 1989 for co~-erci&l structures from a residential zoning boundary. He explained that Staff was not aware of the error and issued the SDP and tn June, 1988 when the applicant came in to request revisions, the error was discovered. He 8tared that the applicant was notified and advised that he would have to apply for a setback variance before Staff could appreve the modification to that Site Development Plan. He noted that zn July, 1989, the applicant met with Staff to resolve tile Issue and in August a variance application was submitted. He explained that Staff recommended approval of the variance petition, but not of the requested setback variance of 10 feet which is in accordance with the erroneously approved Site Plan. He stated that Staff recommended a setback variance be approved down to 35 feet, in line with the existing structure on the site. He noted that the CCPC reviewed the petition on October 5, 1989 and recommended approval of the setback variance as requested, a l0 foot setback. He indicated that Staff also recommended a landscape buffer be provided between the subject structure and the residential property line and noted that a wall or fence surrounds the residential property adjacent to the sub- Ject property. Commissioner Volpe questioned opposition from people in the resi- dential area regarding the size of the setback? Mr. Weeks explained that the variance Staff recommended would allow the applicant to construct the addition at the exlsting setback. In response to Commissioner Volpe's question tbout Staff's recommendation of a 15 foot setback, Mr. ~eeks reported that modifications to the building plan would have to be made and their approval processed by State agen- cies. David McElrath and Ms. Carolyn Worrell, representing Manor Healthcare, passed o~t an aerial photo and letters (on ;ils in Clerk of Board Office). Mr. McElrath advised that the design structure for nursing facilities have requirements that must be met through HRS. He noted that the site plan was approved by Missy McKlm, previous Page 25 October 24, 1989 Planning/Zoning Director. He reported that a nursing home, although tn a C-3 zone, is residential in character. He pointed out on the displayed ~ap the boundary and C-3 and RMF-6 zoning, noting that this building was an allowable structure and the zoning was changed after it was built. He explained that the area adjacent zoned for residen- tial ~ulti-fami]H is used and always has been used by the Lakewood Homeownerte Association as a boat and R.V. storage area. He noted that the area is paved, has a 6 foot masonry fence surrounding it and is not suitable, nor intended to be, for a residence. He stated that the aerial photograph shows that the area is paved. He reported that the &ddition on the nursing home will not increase the number of beds, but rather the physical space. He explained that the boat storage yard next door is commercial in character, the C-3 zoning permits a 5 foot side yard wetback, and the applicant is asking for a lO foot set- back due to the addition of the existing building. He pointed out that the walls, electric, water are all in place and tn accordance w~th HRS regulations, a 5 foot extenuJon is required. He stated that the only question is the 10 foot easement is for overhead utility l~nes and the proposed addition will not affect that easement. He emphasized that all vegetation will remain. In response to Commissioner Volpe, Mr. McElrath indicated that the addition is approximately 5,600 square feet in the 3 areas. He noted that there are 2 letters from Lhe Lakewood Homeowner's Association stating that Americana has beel~ and continues to be a good neighbor and they have no problem with the proposed expansion. He explained that 2 letters of objection had been submitted, one dealing with a 50 foot setback, but the writer is unaware that the existing building is there, and the second letter refers to some sheds, {~hlch are not on A~ertcana'e property. Ms. Carolyn Worre/1, Development Manager for the Project, stated that the design of the nursing home when it opened in ~98! had 3 resi- dents to a room, which is no~ practical. She explained that the addi- Page 26 October 24, 1989 tion was started to allow more common area and space for the residents. She reported that the best possible design together with approval from HRS for square footage of the rooms, distance from the nttrses station to the rooms, etc. took a great deal of time. She pointed out that all of the space is required space mandated b~ HRS. She advised that with commercial at the front, the nursing facility was a kind of Lmffer for the residential units. She pointed out that the lot ia a common area for the Lakewood Homeowner's Association and would n~ver be built on. ~ ~ied 4/0, that the public hearing b~ clo~ed. Commt~on~r Goodntght moved, ~conded by Co~m~msione~ t~lt Igeeolutl~ B9-297, re Petltto~ V-89-16, be Ictopte~ ~Ject to CCl~sttp~l~tto~. Commtssior~r Volp~ questtor~d the agreement sheet CCPC which provides for a 35 foot reduction in the setback? concurred and stated that the Resolution provides for a 10 foot aet- back, what is being requested by the applicant. He explained that the agreement sheet has not been st~ned by the applicant and Is not binding. ~g~/l for th. ~tton, th~ motion c~-rt~d Ocl:oblz, 24, '1989 B~an H~k, P~anner advised ~a~ P~t~on PU-89-~2, ~. L. L. Ha~p~on representing ~e F~=s~ Ha~an Bap~s~ H~ss~on, prov~s~ona~ us~ "a' of ~he Estates zoning d~s~r~ct for a 400 Church and re~a~ed ~ac~t~es for proper~y ~ocated on ~he north s~de of Cr~ Road, 2,000 fee~ eas~ of County Ba~n Road containing 4.98 acres. He noted that lands to the north, east, south and west are ~rren~ly zoned Estates and lands are sem~-developed e~ngle-fam~ly res~dent~a~ housing. He explained ~ha~ Staff has documented that approximately 50~ of the southern half of the proposed 4.98 acre ch~ch s~te ~s ~ up~and p~ne and p=a~r~e grassland. He reported that the northern 50~ of the s~te ~s a v~ab~e and pr~steen wetland, l~m~t~ng development ~o the southern half of the s~te. He noted ~hat the CCPC held a public hearing September 2~, ~989 and fo~arded Petition PU-89-~2 to the Board of Zoning Appea~s w~th a reco~endat~on of den~al, 7/0. He ~nd~ca~ed that S~aff has concluded that the pro- posed church and related facilities is no~ an appropriate land use due to the following: a) proposed church and related factlit~ee are located w~th~n a rura~ residentially zoned estate neighborhood; b) ~he acces~ to the s~te ~s via an u~t~mp=oved roadway, c) traffic volumes and no,se levels will be Increased to the adjacent property d) epprox~ely 50~ of the situ ~e unbu~ldab~e due to environmental constraints ~d e) the southern 2.5 acres of the s~te is not large enough ~o develop a church and related facilities for 400 people. In response to Commissioner ~olpe, Mr. M~k stated that the only development that currently exists ~e County Barn Road %'~acent ~d north of Crews Road, and Island P~ne Gardens, a PUb ~pproved fo~ 80 condo.~n~um ~ts ~ocated eou~h of Crews Road extending 1,200 feet to the east ~d approximately ~,000 feet from the proposed church e~te. Mr. M~lk e~la~ned that the P~ne Island Gardens PUD has been Page 28 October 24, 1989 approved evsn though the road was not, but noted that the PUD is being reviewed b~ Pro~ect Review Servkces as a Skte Deveiopment Plan, and Staff has etkpulated that the Island P~ne Gardens improve 1,200 feet of the roadway to concur wkth County deskgn constructkon charac- terist~cs. In response to Commkssioner Vo]pe~s question about Staff's ob~actkon to t~.: unkmproved road regardkng thks petitkon, Mr. Mklk reported that the Skte Development Plan has not been approved and is going through the process today. . In response to Commissioner Hasse, Mr. Milk reported that Staff has conskdered the land use issue, road access and over development ko.uss pertaknkng to the skte. Mr. Hampton displayed detailed diagrams showkng certkfLed eleva- tions of the ground. He stated that the property lines are certkfied by Wi/son, Mi]l,~r, Barton, Soll& Peek, Inc., and a survey was done by La~r #. ~vers, Inc. He reported tha~ a study made by Keith Edwards, Environment Spec~alist, Planning Support, kndkcated that the area ks 8o thkck wkth trees and underbrush, the south half of the property ks the only area that can be used for any development. He noted that the petitioner wishes to use the south half of the development and will save all vegetatkon for a recreational area. He stated that some of the land ks referred to as pra~rke land, but kt ks hk8 opknkon that prairie land ks grassy land w~tA occaskonal trees. He poknted out up~allda a~d elevatkons of the land on the displayed dkagram and the propose~ location of the church. In response to Commksskoner ¥olpe, Mr. Hampton rep]ked that the church is presently conducting it~ services on U.S. 4~ East. He advkaed that the congregatkon has a membershkp of 300, wkth ~ or kO Sunday School classes, and requkre a karger place. He ddvksed that the congregatkon has emkgrated from a Haktkan Island, ~o~ are English 8peaking, and some aru U.S. Cktkzens. In response to CommkseLoner Vamps, Mr. Hampton replked that he dkd not know kf the facklity where they are presently conductkng servkces k8 owned by the church. He Page 29 October 24, 1989 stated that the proposed building for the church Is approximately ?,000 square feet: with 3,000 square feet for the other building to be used for 12 or 13 Sunday School classes. He explained that the building will be strong enough to withstand any occasional storms, and In case of an emergency they will have a place to go to. He reported that the ortglr,i1 cost was $500,000 but the plans have been revised and the cost has been reduced to $350,000. In response to Co-missioner Volpe, Mr. Hampton replied that the petitioner had purchased this property, but he had objected to their buying It until they had obtained their provisional use. A discussion followed about the correct piece of property they purchased. Mr. Hampton explained that he bad gone through the stipulations, and noted that the County requested 2,O00 feet of pavement be built to County specifications and maintained. He emphasized that ts extremely expensive for a 5 acre parcel. except this one, can be met. parking spaces can be met. He advised that all the requirements, He stated that the requirements of George Keller, President, Collier County Civic Federation, expressed concern about putting a church with 400 people on an unimproved road and questioned if the petitioner realizes that If the County requires that the road be Improved, the assessment may be as ~uch aa $45.00 to $50.00 per running foot. He emphasized that provi- sional use is to be for the benefit of the people tn the surrounding area, and the County will have to sharpen up its provisional use requirements. Commissioner Hasse replied that the County Is tn the process of doing that at this time. Mr. Keller advised that special exceptions provide for special cases, and to lump everything under provisional use Is not acceptable. He advised that the ~..,~d follow Staff and the CCPC's recommendations to deny this petttic:, until the road ts Improved. ~mm~tmto~ Volp~ m~v~d, seccmd~d by Commtsmtor~r Shanah~n m~d ~ SO Octobe~ 24, 1989 carTied 4/0, that ba~edupon th~ CCPC*s reco~ndation f~ t~t ~t~ ~t~ ~ of ~ c~ch ~n the Est~te~~ de~~ ~ ~t ~ ~ ~ ~ ~m to the m~te, Petit$~ ~-0~12 ~ ~i~. ~ T~ ~ ~LLI~ CO~ - CO~Z~D ~ g~ ~ 1989 Co~ss~one~ Vo]pe sta~ed that he though~ ~t m~ght be appropriate to continue th~s ~tem ~o next week due ~o ~he fact ~hat Chairman Sa~de~s, an active membe~ of the Tourist Development Council, ~s absent today. He ~epo~ted that he had reviewed the m~nu~es of the Tou~s~ Deve~opmen~ Counc~ and ~n~u~ f~om Chairman Sa~de~s would be helpful. Co~ss~one~ Shanahan emphasized ~ha~ many people have wa~ted ove~ 3 hours to hea~ ~h~s ~tem and to te]~ ~he~ now that a de~ay ~s being re~ested, ~s ,~n~a~r. Cou~ss~one~ Vo~pe apologized fo~ the ~nconven~ence, ~d noted tha~ he d~d not realize the meeting wen~ th~s fa~ ~uto the agenda. Co~ss~one~ ~asse repl~ed tha~ he wou~d be w~3~ng ~o continue the mat~e~, Co~ss~one~ Goodn~gh~ s~a~ed ~hat ~t d~d not matte~ to her, one ~ay o~ ~he o~her, and Co~lss~one~ Shan~ e~has~zed tha~ he was not ~n ag~eeaen~ ~o the continuance. Co~ss~one~ Goodn~ght no~ed ~aat she ~ have ~o be ~n Ta~ahassee next week and would ]~ke to continue the mat~e~ fo~ 2 wee~s. c~i~ 3/1 ~t ~ utter ~ court.ed ~tl N~r 7, 1989. (~~ ~ ~s~). ~Atto~ ~ler a~18~ that the item c~ L~ mch~l~ to ~ ~ et 11:~ A.M., N~r 7, 1989. ~ ~ ~ZC ~ITION - ~~ USK OF ~ ~ yfl ~~~ ~ - ST~ TO S~ A ~SSIBLK LONG ~ SOL.ION, ~ ~ ~AY ~ ~R ~ ~S - CO~I~CK TO W~~ 7r 1989 ~ooeph Frenl, Jr., Regional Vice ~resident for the Ritz-Carlton Hotel Company and General Manager of the Ritz-Carlton Hotel, ~aple., Page 31 October 24, 1989 advised that a request for an extension of'their temporary permit for the use o~ a tent is being sought until the Pelican Bay PUD is amended to allow such a structure. Commissioner Hasse questioned how long the tent has been up, and Mr. Freni replied that it has been up and down since 1987. He reported that the tent has been up for the past 2-1/2 weeks and prior to that in June of this year had been up for 4 months. COluliasione) Volpe questioned if the temporary structure ia located on the north parking lot? Mr. Freni replied in the affir- ~attve. Commissioner Volpe questioned the parking requirements, and Mr. Ken Bagtnski, Planning Services Manager, reported that he was ttnable to lake a statement because he was unaware what the request would be. He stated that he was under the impression that the existing tent had been up longer than 2-1/2 weeks, and a notice of violation was issued 3 or 4 weeks ago. Re noted that he has been in communication with Mr. Giovanni of the Ritz-Carlton Hotel and discussed options available. Mr. Baginski explained that the only solution he could offer was to apply for the temporary two week per- mit, which was issued and should expire Thursday or Friday of this week. He noted that one possible alternative to use of this temporary structure for long term use, would be an amendment to the PUD, c~ting the type of use and structure with a definitive time period with establish~ent of whatever criteria and restrictions are necessary. In response to Commissioner Hasse, Mr. Baginski replied that the tent meets the definition of a structure within the Zoning Ordinance, and explained that the tent has air conditioning, a solid foundation, electric, and a floor. Mr. Baginski replied that a tent is not a per- lanent structure, but as defined under the Zoning Ordinance, it ~s defined as a structure. In response to Commissioner Volpe, Mr. Baginski stat~ That Staff ~s not considering an amendment to the DRI, and explaiDed that Staff would adjust or make that determination when the application comes in aa to what the structure will be used for. Page 32 October 24, 1989 ¢oulasioxier Volpe questioned the time period to amend the PUD? Mr. baglnski reported that it would take at least 3 to 4 months. Mr. Fr~al stated that he stands ready to do whatever Staff advises tn or,l~r to have the structure appropriately accepted. He Indicated that he is asking that the str~ctvre be left up until such time as the matter can be ~rmanently resolved. Commissioner Volpe expressed con- cez'a about the parking space Issue and safety Issue. Mr. Bagtnskl explained that under the Issuance of a temporary permit, requirements fo: ~tre retardant materials, natural or normal electrical Inspections and parking requirements are addressed, and noted that those Inspections would be part of the review under any amendment suggested. In response to Cosmissioner Hasse, ~r. Baginskt advised that a provision und~ the Ordinance allo~s temporary structures a permit for a per~od of ~o weeks, once within any six month period of time or twice a ye~. He reported that he did not know how it stayed for · months, b~t noted that a8 soon as the violation was discovered, it was red- t~e~. ¢onlsstoner Shanahan questioned granting temporar~ use and fast tracking the application for amendment to the PUD? Mr. Bag~nsk! replied that there are minimum requirements for the PUD ~n terms of adYert~sing, legal posting of :he property, notification to property owners, and going through the CCPC. He indicated that the mtn~mu~ t~me period would be at least 2 months, If the application were sub- mitred today, and the process could be shortened from the 3 to 4 month normal time period. ¢o~tsstoner Hasse questioned the possibility of other people putting up tents. County Attorney Cuyler stated that he knows the Board of County Commissioners wants to accommodate the ~tttoner, but rather than grant and extend the t~mporary use today, h~. does not know if the Ordinance allows extensions. He Indicated that he has no problem with fast-tracking of the PUD, but would like time to confer with [tr. Baginski about the temporary use. In response to Page 33 October 24, 1989 Commissioner Shanahan0 Attorney Cuyler stated that Community Development Services wtl! not grant the permit tn succession, only for one two week period tn six months. Commissioner Haase commented that many th~ngs must be considered, I.e. serving of alcoholic beverages in the tent, and the fact that grunting permission for the Ritz-Carlton Hotel could set a precedent for other people seeking tent permits. Attorney Cuyler concurred, and Indicated that it ts important that Development Services take an rial look at the PUD application amendment for their determination, and not build false hope~ for the Ritz-Carlton. In response to Commissioner Haase, Mr. Frent replied that it takes about 4 days to take the tent down and put it up, but In emergency conditions it can be done in less than 24 hours. Commisaloner Shanahan suggested delaying the removal of the tent and extending the temporary permit for two weeks until Staff and County Attorney Cuyler can meet and research the problem. Commissioner Hasse concurred, but reported that the tent should not be used for that period of time. Mr. Freni stated that he opened the hotel and ts proud of It. He noted that many things have been accomplished by the Ritz-Carlton Hotel tn the community and State that are extraordinary, I.e. 850 employees work full time, are not laid off, and 700 of them reside in Collier County. He Indicated that if he had been directed by the County to do whatever was necer]sary to allow the tent tn 1987, he would have complied with the requirements. He emphasized that he tn the middle of his season and has made commitments to Lely, Barton Collier, Immokalee and Naples High School for their proms. He Indi- cated that he has also made six commitments to local people for fund raising activities. He requested that his bus,ness ~f e~ployees not be penalized, and emphasized that if someone else wanfs to rent a tent l~ke his for $25,000 per month and use It, a revised Ordinance should cover that use. A discuas~on followed about granting the extension. Page 34 October 24, 1989 County Attorney Cuyler stated that there are two options: grant the request or continue it for one week, which he suggested. Commissioner Haase suggested continuance for two weeks, but noted that some decision will be made in two weeks. Commissioner Hasse commented t~hat if the Board had known 3 years ago about this issue, that would h~ve been a better time to resolve this. Commissioner Volpe questioned, in view of the cost, erecting a permanent structure? Freni explained that the tent is used as a back-up to a beach party or pool party, which are casually oriented theme parties. He indicated that putting these events in the ballroom conflicted with the theme parties. He noted that in inclement weather, the parties can be held in the tent, blending the theme and decorations. He reported that an outgrowth of that is that organizations now look at a tent environment as a fourth choice. Commissioner Volpe commented that there may not be a long term solution to this issue. Mr. Freni indicated that If, ultimately, a decision is made to go to a permanent structure, he will accept that decision, but he is merely asking for time now and not disrupt his business in season. Mr. Freni emphasized that he has worked hard to develop a good corporate image of the Hotel, and he is willing to work with Staff to determine the proper course. Mr. George Keller, President, Collier County Civic Federation, stated that these people are not asking for a temporary permit, they have had the tent up for a long period of time because their bookings are such they cannot be satisfied in their facilities. He indicated that if the Board sets a precedent by allowing the tent to be kept up, other organizations will want the same. He emphasized that ordinances cannot be changed to satisfy one person, and if the tent burns down and children are killed, the County will have a real ~:., ;:lem. He noted that the hotel should be paying fines of $250 per day like any other Individual would have to pay because the tent is 51legal. Commissioner Volpe stated that Mr. Keller's points are well made, but stated that this is a continuance for two weeks, and the Board Page 35 October 24, 1989 will take a good hard look at what comes back. Mr. Keller replied that the PUD should not be changed to allow tents because there will be tents all over the County. He stated that no real estate tax is being paid for the income that is being generated. Commissioner Volpe stated that in this instance the revenues generated from overflow are factored in b% Mr. Co/ding to the assessed valuation of the Ritz-Car/ton. Commissioner Goodntght concurred, and noted that assessment of commercial property is done on income. Commissioner Masse stated that this matter will be continued for two weeks. County Attorney Cuyler indicated that Staff will develop the facts and decide whether a long or short term solution can be accom- modated. Commissioner Shanahan stated that in the interim the Board is giving approval for the use of the tent for the next 2 weeks. ese D~p~t~ Clerk Hoff~an replaced Deputy Clerk Kraft at this time PENMXT Sg-! ~ VIRGINIA MOOALE TO APPLY FOR AN OCCUPATIONAL LICENSE TO P~ACTIC~ AST~0EO~Y - APPROVED Finance Director Yonkosky advised that Ms. McCall has applied and followed the requirements of Ordinance 81-42 by providing a recent photograph, letter of good moral character, proof of residency, and application. Me indicated that the Clerk's Office has pursued a cri- minal history evaluation by requesting that the Sheriff's Office review the local criminal hist,~ry. Me stated that the reco~mendation is that the Commission consider the application for permit, and if approved, Ms. McCall can obtain an Occupational L~cense from the Tax Collector. Commissioner Volpe questioned where the astrology .;t~vlty takes place? Ms. McCall stated that she does computer repozts in her home. She noted that she does not have clients coming to her residence, since she has a post office box, and the reports are mailed. In answer to Commissioner Volpe, Planning Services Manager Baginski explained that if the business is conducted in the residence this wou~ld be a home occupation. Me noted that in numerous situations Page October 24, 1989 where people have mail coming to their home, and there are no visitors or cars parked, there is a business with no impact. Commissioner Vo!pe stated that he does not have a problem with the request, noting that if this ts a phone order business it is one thing, but if someone wants to have his stars read and goes to Ms. Mc'Call's home, he questions whether Golden Gate Estates or any other residential ar~ ~ is the appropriate location for commercial activity. Ms. McCall advised that she does not intend on providing consultations in her home. County Attorney Cuyler called attention to the fact that there can be no traffic impact, no deliveries, no clients, or anything that the average person on the street would view as being different from any other residential house. He advised that if the business is to be conducted through the mail, it falls in line with home occupation. C4~t~ion~r Shanahan ~ov~d, seconded by Coutssioner Goodntght ~ ~tN 4/0, to a~ t~ ~tt for the practice of ~trol~, Page 37 October 24, 1989 Itss~&l CA.~FI'VaL I~,[IT [9-6 RX PETITION C-89-6, ST. ELIZABETH SETON CATHOLIC C~URC~ FEI~flT TO CONI~CT ANNUAL FESTIVAL ON CHURCH GROUND~ NOVE~BKR 8, 9, 10, 11, AND 12, 1989 - APPROVED Planner Ntno stated that this petition ts a request to grant a peT:mit to St. Elizabeth Seton Catholic Church for their Annual Festi- val to be held on the church grounds on November 8, 9, 10, 11, and 12, 1989. He advts~.J that all requirements of the carnival permit proce- dures have been met. He indicated that Staff recommends approval of the permit. Commismion~r Shanahmn moved, seconded by Commissioner Goodnight ~nd carried 4/0, to grant the permit to St. Elizabeth Seton Catholic Church for the lnn~mtl Festival. P&~ 38 October 24, 2980 ~SO~I~I0~ 89-298, JJq~D~9 PO~ICY/I~OC~D0~ ~0~ ~ ~A~ HA~&O~r~q? Community Development Services Administrator Brutt explained that this item is a request that the Commission accept the amended Policy/Procedure for the Water Management Advisory Board (WMAB). He stated that Sta3f is recommending a method by which smaller projects can be reviewed in-house, and if the applicant's engineering of the criteria is met, the petition can be handled as a consent agenda item at the Staff review level and then brought to the WMAB. He reported that the WMAB concurs with the recommendation of Staff. County Attorney Cuyler advised that if this Policy/Procedure is accepted, it will be done by resolution. to mcat t~ ~~t~on of Staff, the~e~, adopting ~olut~ 8~29~. Commissioner Volpe questtone~ whether the ~AB may be c~nsoltdated with the Envlronmental Advisory ~ouncil7 Environmental Services Adm~ntstrato~ Lorenz stated that one of the ~e~irements ~n the Comp Plan Is to create a Natural Resources Technical Advlso~y Committee. He advised that he ~s currently developlng a proposal to be submitted to the Co~ssion, which will merge the two advisory committees togethe~, and look to them to develop a policy advisory board fo~ the purpose of all of the environmental p~oGrams, focus on rule develop- ment and policy analysis, and to get them out of the routine normal petition ~eview and development p~ocedu~es. ~ call f~ t~ ~stton, the ~tton c~rled 4/u Page 39 October 24, 1989 DRI-89--1, T~IK N~T&TT PARTNERSHIP PUBLIC H~ING S~T ~0R JAI~UARY 23, 1990 Planner Nino reported that the Southwest Flor/da Regional Planning Council has advised that the documents that have been submitted for the Halstatt Application for Development Approval contains sufficient information, an~ therefore, as required by Florida Statutes, a public hearing is to %a~e place within sixty days advanced advertised notice. He indicated that the Executive Summary contains a recommended date of December 19, 1989 for the public hearing, but noted that this date is inappropriate, since it does not meet the sixty day time frame. He explained that a more appropriate date, recognizing the fact that this petition will be presented to the Planning Commission, would be January 23, 1990, and therefore, Staff is requesting that the Commisslon set the public hearing for that date. Commissioner Volpe stated t[~at the City of Naples has not yet approved the Agreement with res~ect to the Halstatt project. He questioned the current status of the Agreement? Community Development Servlces Administrator Brutt advised that he will follow through on the status of ~he Agreement. Co~teeloner Shanahan moved, seconded by Cow~tssioner Volpe and carried 4/0, t]~t the Development of Regional I~pact public hearing for DRI-89-1C, The Halstatt Partnership, be set for Jmnuar7 23, 1990. Item#~B! STAFF TO COI~ENCE WITH CONSULTANT SELECTION PHASE FOR IllTH AVENUE AND VANDERBILT DRIVE; APPROVAL OF CONTINUED USE OF THE LETTER OF INTEREST PROPOSAL METHOD, AND GEORGE ARCHIBALD, WALTER CARTER, ~%RRY HUBER, STEVE CARN~.n AND VLADIMIR RYZIW APPROVED AS CONSULTanT SELECTION COMMITTEE MEMBERS Transportation Services Administrator Archibald ~t~ted that this item is a request to obtain Board approval to advertlse for proposals for the design of lllth Avenue between Vanderbilt Drive and U.S. 41, and Vanderbtlt Drive from lllth to Bonita Beach Road. He advised that the design and permitting of these projects takes between 4-6 years, and Staff is requesting that a consultant come on board to begin the Page 40 October 24, 1989 design phase to make ready for construction at some future point in time. He explained that it is important that the designs identify rights-of-way. In answer to Commissioner Volpe, Mr. Archibald advised that with r,~spect to the Five Year Work Program, illth Avenue has been iden- tified for construction as priority #16, and priority #20 for Vanderbilt Drf.~e. He noted that current funding does not provide suf- ficient dollars to construct these projects within the five year time frame. Mr. Archibald affirmed that only the design dollars are being con- sidered and they are available from impact fees. He stated thai 2he process to obtain a consultant will take from 1-2 years, noting that if the RFP is approved today, the consultants will not be brought back before the Commission until leto 1990. There were no speakers. C~iesione~ S~ moved, seconded by Co,missioner Goodntght and cax-rted 4/0, to accept Staff's reco,,.,endations: 1) Staff muthurtzed to commm, nce with the connltant selection phase for Illth &v~me mmi Ymnd~rbtlt Drive; l) approve the continued use of the Letter of Interest proposal method; and 3} Consultant Selection C~mmtttee ms~bers of Oeor~ Archibald, Walter Carter, Harry Ruber, St~v~C. mxm~ll & ¥1~dtmtr Ryztw, approved. Item~l COIFI~]~ FOR TI~ 1989-90 FUNDING CONTRIBUTION TO SH~LTIIR FOR ABU~KD W~i~{{ OI (~OLLI~R COUN/~, INC. IN TH~ AMOUI~ OF $19,914 .- APPROVED WITH Public Services Administrator O'Donnell stated tD;.~ this item is a request to obtain Board approval of the contract for f~,~dlng for the Shelter for Abused Women of Collier County, Inc. He reported that this is one of eight contract agencies that the Count'y currently funds, noting that the amount ts $19,914. He explained that the contract has been reviewed and approved by the Count,! Attorney's Office, and has been signed by the Shelter for Abus,~d Women. Page 41 October 24, 1989 Commissioner Hasse stated that a letter and a petition were received on October 23, 1989, opposing the Shelter, and advising that the residents of Mtnorca, Ptneland and Pelton Avenue could not take another day off from work to attend the meeting, since they have a b.tll tn the amount of $8,000 to be paid for their atto~ney's fee. He reported that a similar letter was received from another party on Flamingo Drive. Commissioner Goodntght indicated that this is one of the items that was addressed during the budget hearings, and the Commission pledged their support to the Shelter. She noted that she concurs with the neighbors, and understands their situation. She stated that she believes that next year during the budget hearing process, the Commission can decide against additional funding until after the Provisional Use for the Shelter ts heard In July. She stated that she feels that the Board obligated itself during the budget process, and this is merely an approval of that contract. Mr. O'Donnell noted that the funds are to be used for operational expenses associated with the Shelter. Commissioner Volpe indicated that he believes that the Commission should honor the commitment which was made during the budget process, but noted that this particular entity is very well funded, and they have the community support. He stated that there may be some other agencies that need the support of the County to get themselves to the point where the community will become more Involved and then the Board can step aside. Clerk Giles noted that some of the various agenci~ contribute to the Shelter for Abused Women, and commented that the C utty is not requiring an audit or a review of how they are spending their money since this is not contained in the contract. He advised that there is no assurance that structural improvements will not be made unless there is a specific stipulation because they receive other funding that they could use for improvements. Page 42 October 24, 1989 Mr. O'Donnell stated that Section "M" of the contract specifies that the agency shall submit payroll records and documentation of other operational expenditures as approved by the County on a quar- terly basis of the funds that are reimbursed. Clerk Giles explained that the fallacy is that the County may be reimbursing exp~iises that are already paid for by another organiza- tion, since an audit is not required in the contract. He noted that the County should not be auditing the agency's records, but it should be the expense of the agency to hire an independent CPA for audit or review of their records. He stated that an audit is more compre'-.en- sire than a review, and noted that in some of the smaller organizations, because of the e):pense, a review may be sufftci,~nt. Commissioner Hasse stated that it is difficult for him to vote for something like this, since the ~ounty is causing the expenses of the neighbors who are complaining about the Shelter. Assistant County Manager McLemore questioned what is being audited in this situation, the disbursements from the County to the agency, or the agency? Clerk Giles replied that an audit of the agency, and during the audit that they confirm that the purposes of the agency are fulfilled. He noted, I.e., that if the agency pays an electric bill and the give copy of same to the County for reimbursement, how does the County know that a copy of the bill has not been given to the United Way or some other organization7 Commissioner Volpe asked Mr. Giles what he ts recommending? Mr. Giles stated that the contract should provide for an indupendent audit or review of the agency, to be submitted to the Boar~ ;,'nually. He noted that he believes that all of these contracts sh~ld contain that provision. In answer to Commissioner Shanahan, Mr. Giles re~lted that there is nothing wrong with a review by an Independent CPA. Mr. George Keller, President of the Collier County Civic Federation, indicated that he concurs with Commissioner Volpe, tn that Page 43 October 24, 1989 the representative from the Shelter stated that she had her budget set for next year. He remarked that possibly she was including this $19,000 in her budget, but noted that these agencies are charitable organizations, and their expenses should not be unloaded on the County. He stated that this is not fair to the taxpayers, and suggested that a r,ew policy be set up for next year, whereas, chari- table organizations are not a part of government. Mrs. Charlotte Westman, representing the League of Women Voters of Collier County, stated that last week when the discussion took place relating to the Shelter, the Commission agreed that there i. a need for this service. She noted that nowhere within the document is there any reference made to the location. She indicated that she believes that Clerk Giles' recommendation for an audit or review is a Good request, and she does not believe that anyone connected with the Shelter would object. She indicated that she feels that the contract, with the inclusion of Mr. Giles' suggestion, merits the approval of the Board. She noted that the location is not a part of this item, and indicated that time may prove that to be otherwise. Commissioner Hasse explained that he supports some type of support for a Shelter for Abused Women, but not in the present location. He indicated that the service of the Shelter is being charged to all of the taxpayers of Collier County. He stated that he concurs with Mr. Keller's comment relating to other worthwhile organizations that do not receive the support of the County. Commissioner Goodntght concurred with Mrs. Westman, adding that the contract was approved in concept during the budget t,,arings. Comm/msion~r Shanahan moved, ~econded by ~ ~t~ 4/0, to a~m the contract, ~bJect to ~ d~re~f~ of C1~t1~. Coutsstone~ Volpe questioned whethe~ Mr. O'Donne]l ts p~esently updating applications of these types f~om the vartou~s contract aGen- c/es? M~. O'Donnell informed that this past year, Page 44 October 24, 1989 $150,000 in requests which were above and beyond what the Commission had authorized in allocations. He stated that the vast majority of the contract agencies do not require audit reports, and questioned whether the Commission desires that he pursue that formal audits be do.ne for those particular agencies as well? Commission~,. Shanahan stated that he does not believe that one single agency should be singled out for auditing, since it is not fair. He indicated that he thinks there should be a policy. Clerk Giles suggested that the Commission may wish to consid, ~' directing Mr. O'Donnell to work with the Finance Department as to whether a review or an audit is required. He noted that thresholds may want to be considered where an audit is required, if it is .t large operation, or if it is a smaller operation, a review may be required, since it is very expensive to have an audit. Mr. O'Donnell advised that the David Lawrence Mental Health Center is required to have an audit since they are funded in excess of $600,000, but all the other contract agencies, excluding the Health Unit, have a total funding allocation of $168,000. He noted that when the revised format was instituted two years ago, the agencies were not required to go through a formal audit due to the costs involved, but they would submit a financial year-end report. He stated that if this is to be changed, he will be happy to so advise the agencies. Clerk Giles indicated that he feels that it is very important for a review by a CPA for all of the agencies. Commissioner Volpe stated that Mr. Giles' office is the County's financta/ director, and suggested that he propose som,. guidelines and polices and present same to the Commission with his recommendations. Mr. Giles replied that he will be glad to provide, this to the Board. Page 45 RKSOT-~TTION 69--299, REQUESTING LEASE MANAGEMENT OF BAREFOOT BEACH PRE~ PROPERT~ - ADOPTED Tape #4 Public Services Administrator O'Donnell stated that this item is a recommendation to adopt a resolution, requesting lease management of Lely Barefoot B=uch Preserve. He explained that this is 5,000 feet of State-owned property immediately adjacent to the 3,100 feet of beachfront that the County owns. He advised that Staff has had discussions with the State regarding the master planning in a preserve area by putting in observation d~cks, canoe launch areas, and hiking trails. He reported that the Fl{~rida Department of Natural Resot'rces has indicated that they are in f ~vor of the proposal, but before they enter into a long-term lease agreement for the County to manage the 5,000 feet of beachfront, they are requesting that the Commission adopt a resolution referencing the Agreement. He noted that Staff is very optimistic in acquiring the management of that facility. In answer to Commissioner Shanahan, Mr. O'Donnell reported that it will be the County's responsibility to pay for any facilities that will be put in, contingent upon approval by the State. He stated that the intent is to keep this area as a small recreational ~acility and maintaining the preserve concept, as opposed to putting in tennis courts or shuffleboard courts. Mr. O'Donnell advised that Staff is working with the State with regard to public access, but noted that presently: persons may enter through the Lely Development into the County's parking area, and con- tinue walking to the 8,100 feet of public beach. Commissioner Volpe questioned what the benefit .s by Collier County taking over the operation and management o~ this beach? Mr. O'Donnell replied that the property is presently sitting vacant, and Staff believes that the County could develop and enh~nce it as a public park facility, extend the parking, and allow the public to have access to 8,100 feet of beachfront. Page 46 October 24, 1989 Mrs. Charlotte Westman, representing the League of Women Voters of Collier County, stated that the League supports this type of proposal. Mr. George Keller, President of the Collier County Civic Federation, commended Mr. O'Donnell for the work he has done on this proposal. He indicated that the only problem he has, ts that of the gatehouse on the Lcly property, and questioned w~ether the public .ill run into difficulties since they are not a resident of the Lely Development? Mr. O'Donnell advised that the park area is presen'~ly closed since the County does not have the crossovers built over tke dunes, but noted that once it ]s ,~pen, the public will not have dif- ficulties getting into the park since the gatehouse attendant will pass out cards to those desiring to park in the County's lot, at no charge, and once capacity to the lot has been reached, vehicle access to the park will be cut off. C~io~ Sb~ moved, seconded by Co~missioner Goodn~ght ~d ~ 4/0, to ~d~t Resolution 89-299, r~esting Le~e ~t of t~ ~f~t ~ach Prese~ Proart. Page 47 October 24, 1989 It##gll BIDS #89-1453 ROLL CARPETING, AND 89-1454 TILE CARPETING - AWARDED TO PlAH, O~,,ANY CARPETS FOR A TWO YEAR CONTRACT ON AN AS NEEDED BASIS Legal notice having been published in the Naples Dally News on July 21, 1989, as evidenced by Affidavit of Publication flied with the Clerk, bids were received until 2:30 P.M., on August 4, 1989, to con- sider Bid #89-1~,93, Roll Carpeting and Bid #89-1454, Tile Carpeting. Administrative Services Administrator 0chs stated that this t' ,m is a recommendation to award a two year contract for the purchase and installation of carpet tile and roll carpet to Mahogany Carpets of Dalton, Ga., for new construction and renovation projects. Mr. Ochs advised that ten bids were received for the roll car- peting, and nine bids were received for the carpet tiles. He reported that Mahogany Carpets was the lowest responsive bidder for speckled instal]ed carpet tile at $20.65/yard, and $9.55/yard for their broadloom product. He noted that based on current contract pri- ces for tile goods, this bid price represents a reduction of approxi- mately 26%. He explained that Staff expects to incur costs for carpet purchase and installations of approximately $355,000 over the two year term of the proposed contract. He indicated that funding for the purchase and Installation of carpet will come from each individual project's cost center. ~r. Ochs stated that Staff is recommending the award of Bids 89-1453 and 89-1454 to Mahogany Carpets for a two year contract to furnish ~ua install roll carpet and tile carpet on an as needed basis. Commissioner Nasse noted that the cost per yard was more expensive in 1988 than it is in 1989. Department of Facilities Management Director Camp advised that the reason the cost is less, is due to the fact that specifications have been opened up to bring tn additional products. He noted that pre- viously, there were only three major companies bidding on a brand name or equivalent, and now the specs are more of a generic nature and more competitive. Page 48 October 24, 1989 In answer to Commissioner Shanahan, Mr. Camp explained that the speckled tile allows one carpet tile for the entire complex, and noted that it does not show wear patterns. c~t~ 4/0, to ~rd Bid ~89-1453 ~d Bid ~89-1454 to N~y C~ts f~ a ~ ~v ~tr~ct, on ~ u ~ ~is. Its ~1 ~~ ~ ~~ ~ ~PLICATION TO HI ~ORIDA D~~ O~ NA~ ~~ ~R ~IFICI~ REEF ~OG~ - S~a~ TO 1'~ ~ Environmental Services Administrator Lorenz noted that this Item was removed from the Consent AGenda since the appllcatlon has not been signed for legal sufficiency by the County Attorney's office. He called attention to Part B, Section 3 of the Project Application, and explained that "Natural Resources Department" should be replaced wt~h "Collier County Board of County Commissioners". Mr. Lorenz requested that the Chairman execute the grant applica- tion, subject to review by the County Attorney. C~mtssio~er Shanahan ~ov~d, seconded by Co.missioner Goodnight an~ c~rrt~ 4/0, that the Chairman execute the ~rant ~ppltcation, as re~is~d, s~bJ~t to revte~ by the County Attorney fi¢ie~-F. Page 49 October 24, 1989 Ztem~ #11&1 & 11A2 B~DG~T~~NTS 89--3??/3?8; &RD 90-2/6 - ADOPTED Comm/sst~r Goodntght moved, meconded I~ Co~tmmtoner Shan~hatn ~ c~t~ 4/0, t~t ~t ~n~ntm 89-377/378 ~d 90-2/6 It~J11A3 ~ ~~ ~OL~ZOR 90-2 - ~D Commtnton~r Goodnt~ht moved, seconded by Commissioner Shar.~han and carried t/O, that ~t t~endmmt Resolution 90-2 b~ ~Iopted. Page 50 October 24° ~989 It~ ~12R ]~E~OT~TIOM B9-300 APPOINTING FRED VlDZES TO THE WATE~ H&JlAG~K)I~ carried 4/0, that Reeolutton 89-300 appointing Fred Vtdz.~ to the Page 51 October 24, 1989 Item #12C DI$CI~$ION RKGARDING FAIR GROUNDS RKZONING - STAFF DIREC-£ED TO BEGIN Commissioner Goodnight advised that she received a memorandum from Planning Services Manager Bagtnskt on July 3, 1989, stating that he recommends that the Commission direct Planning Staff to begin amend- ment proceedings for a rezone of the 30.96 acres of property acq.7tred by Collier Cou%~ty for use by the Fair Board. Cmtsstoner Goodntght moved, seconded by Commissioner Shara, han ~ c.m~rle4 4/0. thmt Staff be directed to begin mn~nt pro- Commissioner Goodntght moved, seconded by Coutsstoner Sl~mnmi~n ar~ carried ¢10, that the following tte~s under Consent Agenda be approved and or adopted: eese. Item#leA1 BUD~I~T AIqXNDM~I~ IN TH~ AMOUNT OF $100,000 TO COVER SERVICES RENDERED ~ ICAaD., ~Z~m!L~, CULLIS, TIM~, FUR~N AWD SINSBGRS, P.a. S~RVIClS Item #14A2 RESOLUTION 89-301, PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FIINDS EXPENDED B~ THE COUNTY TO ABAT~ PUFLIC NUISANCE ON LOT 17, BLOCK 207, OF MA~CO BEAC~ UNIT SE~EN (MARION AND BARBARA KOZiOL) It~m~14A3 ~TAFF TO SOLICIT REQUESTS FOR PROPOSALS FROM PROFES~;IONAL LAND ~IRVE~I~ CO~PANI~ FOR SERVICES REQUIRED BY COUNTY DIVISIONS AND A~rHO~IZATION ~ THE CREATION OF A SELECTION CO~I?TEE FROM COUNTY Ita JlIl4 Illll~ 1~!? OF "I~IRIAL PI. ICl SIIBDIVISION" - WITH S'~IPULAYION~ The final plat of "Imperial Place Subdivision" to be approved, subject to the following stipulations: That the final plat not be recorded until the required impro- vements have been constructed and accepted or until approved security ts 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 52 October 24, ~989 Tte~ .14A5 RIlO[~IOI 89-303, PROVIPlNG FOR A$$ESSMEF~ OF LIEN TO P~COVER FUNDS ~XPEIID~D ~Y TH~ COUNTY TO ABATE PUBLIC NUISANCE ON LOT 17, BLOCK 64, MA~CO B~ACH UNIT TWO (DANIEL CHONI~REAU-LAMOTTE AND RENEE CHO~KREAU - Itss#lii$ R~SOLUTION 89-304, PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER I~INDS ~3[PEIID~D ~ ~ CO~ TO ~TE ~LIC ~IS~CE ON LOT 9, BL~ 110, ~T 3~ ~ GATE (~OLD Itu#14A7 RESOLUTION 89-305, PROVIDIMG FOR ASSESSMENT OF LIEN TO RECOVER FUNDS EXl~END~D BY TIFK COUNTY TO ABATE I~IBLIC NUISANCE ON LOT 15, BLOCK 2, UNIT 1, PART 2, GOLDEN GATE (ED~i'RD J. AND LAVERDA L. PELC) It.s #ltl8 RE$OI~3TION 89-306, PROVIDING FOR ASSESSMENT OF LI~N TO RECOVER FUNDS ~ ~Y ~ COUNTY TO ABATE PUBLIC NUISANCE ON LOT~ ,412, OF THE WI~ACI~S SUBDMSION, SEC. 24, T-28-S, R-25E (ADOLF AND ~m) Itu~14A9 RESOLUTION 89-307, PROVIDING FOR ASSESSMENT OF LIEN TO. RECOVER FUNDS EXIrE]iDED BY THE COUNTY TO ABATE PUBLIC NUISANCE ON ~('3: i~, BLOCK 319, MARCO BBACE, UNIT NO. 13 (RICHARD W. FIELD} Ite~ #liA10 ACCEFTAIIC~ OF SECURITY FOR EXCAVATION PERMIT NO. 5~.]55 IMPERIAL W~ST TRACT 'D' I~tKE, REVISED (A.K.A. IMPERIAL PLACE), LOCATK£? IN SECTION 1§~ TONNSHIP 48~ RANGE 25 EAST Itu ,14All See Pages RE~K)L~TION 89--308, PROVIDING FOR ASSESSM~ITT OF LIEN TO RECOVER FUNDS zxP,Z~D BY THE courm, TO ~ ~LrC ~s~cE ON nOT ~l, BL~ 26, ~ a~ ~IT 9~._ (S~VATORE C. S~I, ~US~E) lte~,14A12 RESOLUTION 89-309, PROVIDING FOR ASSESSMENT OF LIEN TO RECOVER FUNDS ~ BY TR~ COUNTY TO ABATE PUBLIC NUISANCE ON THll EAST 30 FHNT OF LOT 9, BLOCK 243, ~OLDEN GATE, UNIT NO. ? (Z.J. EUROFF~tI[ INVK~, See Pages Page 53 October 24, 1989 It~ ~14A13 RI.~OLUTION 89-310, PROVIDING FOR A$$E$Sq~INT OF LIEN TO RECOVER FUNDS EI[FEiI~ID ~Y TH~ CO~l"f TO ABATE I~;BLIC NUISANCE ON LOT 8, BLOCK 4, MARCO SIAC~ UF~T NU. 0W~ (V~RA WALLNZR) Itwm-#14B1 AG'CEi~AIICH OF GII~LETED COIP~I'RUCTION OF THE PUBLIC SIDEWALK PROJ~.~f G~HAII~ilIITO EXECUT~ FLORIDA DEPARTMENT OF COMMERCE GRANT APPLICATION FOR~0AD I~ AT THE II~0KALEE AIRPORT Item~14B3 BID S9-1463 FOR COURTY-WIDE SIDEWALK IMPROVEMENTS AWARDED TO BETT~R ROAD~ INC. IN TH~ &MOUNT OF $165~498.26 Legal notice having been published in the Naples Dally News on September 24, 1989, as evidenced by Affidavit of Publication flied with the Clerk, bids were received lnttl 2:30 P.M., on October 11, 1989, to consider Bid #89-1463, Collier County Project No. 69082: Public Sidewalk Improvements in Immokalee, Naples, EasC Naples, North Naples, Golden Gate, Marco Island, and Everglades City. It~-Jl~C1 TRAIINFI~ OF $2,992 PRON RISE1V,'I FOR CONTINGENCIES FO~ PAYMENT FOR G'0~ITRI~I~P~ENT FOR U~I BY DKP~ OF SOCIAL S~%~CES Ite~ ~14C2 ~ to Ite~ #9C1 It~m--~14~ ~ to It~ #9C2 It~14D1 ACCEPTANCE OF WATER AND SEWER FACILITIES FOR CRANBROOK COLONY AT ROYAL WOOD GOLF AND C~IIITRY CLUB~ UNIT THR~E - SUB3ECT TO STIPULATIONS The Utilities Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, accept the water and sewer facilities for Cranbrook Condominiums at Royal Wood Golf and Country Club, Unit Three, with the following stipulations: Page 54 October 24, 1989 The Florida Department of Environmental Re~ulation furnishes a letter approving the water distribution system for service and the bacteriological testing has met the County's require- ments. That the legal documents are found to be sufficient and approved by the County Attorney. Recorded in OR Book ;.~Z , Pages--~-6~ '~/& Item ,14D2 A(~-~FTAi~r~ OF WAT['R AKD S~,'ER FACILITIES FOR ~ - ii _ L..~ ROYAL WOOD ~OLF A~D ~ CLUB, UNIT THR~E - SUBJECT TO STIPULATIOn{__ The Utilities Administrator i'ecommends that the Board of County Commissioners, Ex-Officio the Go~,erning Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Royal Wood Golf and Country Club, Unit Three, with stipulations as follows: 1. 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. 2. The Florida Department of Environmental Regulation furnishes a letter authorizing to place the sewer system into service. 3. That the legal documents ' re found to be ~ufftcient and approved by the County Attorney. See Pages~~'~~" t~KCN3SE OF ONE B&CKHOE FRO~ FORD NEW HOLLAND, INC., TUCKER, GEORGIA, l~l~AIfT TO STAT~ CONTR&CT #760-960-110, IN THE AMOI~RT OP ~29,958 DEED ~'S 602, 603, 604, 605, 606, 60?, 608, & 609 FO~: I,~RIAL AT LAKE TRAFFORD MEMORIAL GARDENS AND AGREEMENT FOR DEED ~0'! HOLIDA~ $CHKIKIL~ ~ OBSERVANCE OF THE CHRISTMAS HOLIDAY~ CHANGED TO MOnDay, ~ 25, AND, TUESDAY, DECEMBER 26, 1989 LEASE ~ FOR TOWER SPACE RENTAL BETWEEN H & D COPg~UNICATION~ LIMITKD PAHTNKR~HIP AND THE COLLIER COUNTY BOARD OF COUNTY CO~II~I01[~R~ FOl~ TH~ ANNUAL AMOUNT OF $~,520, TO B~ PAID IN ~Al~i'Z~y II~Tar-r~qzrr3 OF $!,3so (EMS) See Pages ~. ~./ - 0. /~ Itl~ #14el M~v~d to Item~14H1 P~ 55 ~(~.t. 27 Octob~ 24, 2989 APPLICATi'ON FOR LOCAL GOV~RN~I~qTr LAND DEVELOPMENT REGUL&TION assIs'rm ~mms, ~r~ ST~r~ TO com, r,s-rg A C0Wn~CT FOR Sg~VIC~S FOR BID 89--1468, ]~ETILIZER FOR BEAUTIFICATIOR H.S.T.U. MAI~I'ENA~CE ~'~'0 Ple..O~ FERTILIZER COMPANY IN THK AMOUNT OF ~3r569.~1 Legal notice having been published in the Naples Daily News on September 3, 1989, as evidenced by Affidavit of Publication fil.gd with the Clerk, bids were received until 2:30 P.M., on September 20, 1989, to consider Bid 89-1468, Fertilizer Purchase and Delivery for Beautification M.S.T.U. Maintenance. R~SOLUTION 89-311, APPOIRTING FReDeRICK GLOEC10~ER, ~0X W. Y0~G, ~OR~ ~L~, JIM ~~, ~N B~, WILLI~ V. ~~, ~ HO~, J. ~L~ G~DL~, EGON HILL, ~ ~OLD ~L TO ~ L~ O~ION S~ES T~ ~H~ ~ISO~ COSINE See Page Item#1411 I~ESOLOTIOR 89-312, APPOIRTIRG E. JEANETTE KELLER TO .TI~E GOLDEN GATE P~Y BEAUTIFICATION ADVISORY C.~ITTEK FOR A FOUR ~'EAR TERM See Page Ita.14J1 EXTJ~ G&ZIr TZ'*ME FOR /']IP.A'f'K NOS. 42979, 58401, 45044, 2479~, 55505, 62325, 59441, 55975, 61981r 64209r 43950, AH'D 64132 Itn J14J2 SATIS~PACTION OF LIEN FOR SERVICES OF THE PUBLIC See Page Itu#14J MISCKLLABI'OUS CORRKSPO~KNCK - FILED AND/OR REFKRRED The following miscellaneous correspondence was flied and/or referred to the various departments as indicated below: Copy of letter dated 10/13/89 to W. David Key, Jr., Johnson Engineering, Inc., from Priscilla A. Tr~gg, Project Manager, Department of the Army, re permit application submitted on behalf of Collier County Board of County Commissioners con- cernlng a roadside canal along C.R. 951. Application #89IPP-20768. xc: Neil Dorrtll, George Archibald, and Filed. 10/05/89 letter to Commissioner Burr Saunder-, from Robert A. Butte~orth, Attorney General, advising of regulations which Page 56 October 24, 1989 concern with Government Agencies doing business with private entities, xc: Neil Dorrtll, Steve Carnell, Leo 0chs, and Filed. 10/06/89 State of Florida, Division of Administrative Hearings re cases: The Conservancy, Inc. vs. Collier Development Corp. and State of Florida Department of Environmental Regulation, Case No. 88-6212; The Sierra Club, vs. Collier Development Corp. and State of F]orlda Department of Envi~'onmental Regulation, Case No. 88-6215; The Conser~ancy, Inc. and Florida Audubon Society, vs. Collier Development Corp. and State of Florida Department of Enviro::mental Regulation, Case No. 89-4159; Citizens To Preserve Naples Bay, Inc., vs. Collier Development Corp. and State of Florida DepartJ~ent of Environmental Regulation, Case No. 89-4407; Department of Community Affairs, vs. Collier County Board of County Commissioners, Case No. 89-1841DRI, 89-6. xc: Nail Dorril2, Bill Lorenz, Frank Brutt, and Filed. 10. 10/13/89 Florida Department of Environmental Regulation Notice of Public Workshop on Rule No's: 17-670.200, 17-670.600, 17-670.610, 17-670.620, 17-670.630, and 17-670.640. xc: Nell Dorrtll, Frank Brutt, Bill Lorenz, and Filed. 10/13/89 letter to Chairman, Board of County Commissioners from Patrtck Kenny, Environmental Specialist, Florida Department of Environmental Regulation, re: Collier County - WRR, File No. 111710875, Woodrtch Marina III, Inc., enclosing short form application w¥1ch involves dredge and fill activi- ties. xc: Nell Dorrtll, (letter), Frank Brutt, Bill Lorenz, and Filed. 10/25/89 Notice of Public Meeting from Department of Natural Resources, re Land Acqul~ttton Advisory Council. xc: Nell Dorrtll, Bill Lorenz, and Filed. 10/11/89 letter from Tony D. McNeal, Engtn~,:~.. Bureau of Coastal Engineering and Regulation, Departmal:[ of Natural Resources, to Board of County Commissioners re: File CO-220, advising of consideration for construction control line per- mit for Larry Warner, on behalf of Patricia E. Thompson. xc: Nail Dorrill, Bill Lorenz, and Fi]ed. 10/11/89 letter from Virgil L. Choate, Correctional Officer inspector II, Florida Department of Corructi¢,~.s, to Sheriff Don Hunter and Chairman Burt Saunders, Bc. ard of County Commissioners, re: Inspect/on Report dated September 27, 1989, attaching a summary of the recent inspection of Collier County Jail tn Naples, Florida. xc: Nell Dorrtll and Filed. 10/11/89 letter from Virgil L. Choate, Correctional Officer Inspector II, Florida Department of Corrections, to Sheriff Don Hunter and Chairman Burr Saunders, Board of County Commissioners, re: Inspection Report dated September 28, 1989, attaching a summary of the recent inspection of Collier County Stockade in Immokalee, Florida. xc: Nell Dorrill, and Filed. 10/10/89 letter to Stephen M. Fain, Director of Finance, Collier County Public Schools, from John A. Yonkosky, Finance Director, enclosing County remittance of $23,924 which repre- sents the District School Board's distributive share of the 1988-89 Federal Payments-in-Lieu of Taxes ~P.I.L.T.). xc: Filed. ~(~129 Page 57 October 24, 1989 11. 12. 10/10/89 letter to Board of County Commtsstoner,~ and the Department of Insurance, State of Florida, from Jeffrey R. Garvln, Garvln & Trtpp, re: Claimants: 3ean W. Turman and Lester G. Turman, Automobile Accident of 9/18/89. xc: Neil Dorrlll, Ken Cuyler, Risk Management, and Filed. 10/10/89 letter from Chief Norman R. Hatcher, Jr., Golden Gate Fire Control & Rescue District, to Division of Ad Valorem Tax "Trim Compliance", enclosing copies of documents pertalIxing to budget adoption by the Golden Gate Fire Control and R,~scue District. xc: Jennifer Pike, John Yonkosky BCC, and Filed. 13. Minutes Received and Filed: 14. 10/04/89 Marco Island Beachfront Renourishment Advisory Committee 09/21/89 Collier County Planning Commission, and 10/19/89 Agenda 10/12/89 Notice of Claim from William D. Keith, Monaco, Cardillo & Keith, P.A. representing William Csogi vs. Board of County Commissioners claiming that Mr. Csogi was seriously injured by employee of Collier County. xc: Ken Cuyler Risk Management, and Filed. 15. 10/12/89 Notice to Owner from Raybro Electric Supplies, Inc., under and order given by Leitner Electric Supply, advising that they have provided eJectrlcal materials and or fixtures for the Collier County Health and Public Services Building. xc: Neil Dorrill, Skip Camp, and Filed. 16. 10/9/89 letter from Charles W. Pemble, P.E., Surface Water Management Division, South Florida Water Management District, re: Regzllatton Department Application Mo. ~90906-2, Project: Airport-Pulling Road Six Laning Improvement.,. xc: Neil Dorrill, George Archibald, and Filed. **$ lf.~a"e~l 2:10 P.M. - Recon'v~n. ed 2:20 P.~. -*- DISCUSSION OF El') PAPER WORKSHOP - NO ACTION Assistant to the County Manager Olllff stated th.it an optional workshop ~.as been scheduled to provide the Commission with the oppor- tunity to realize that the Growth Management Plan has forced a certain number of decisions, and staff desires to provide the result of those decisions to date, and what upcoming decisions will be presented to the Commission between now and April through September, 1990 which will have consequences in each case. He explained that some of the decisions relating to the CIE and Stipulated Settlement Agreement have major consequences tn terms of transportation issues and forcing the County to provide a funding mechanism or to limit the development that Page 58 October 24, 1989 impacts those areas. Commissioner Volpe noted that apparently, staff perceives that there was an oversight in the language of the Settlement Agreement, specifically, that the County did not include a requirement for roads. Mr. Olliff replied affirmatively, and called attention to the underlined language on Page 1 of the "white paper". He tndicatea that staff feels that since it was the intention to include the lan~age relating to roads, it would be .ore advantageous to take care of the inclusion now, as opposed to the confusing affects of not including it. Commissioner Shanahan questioned whether staff is recommending that the Agreement be amended to include State Roads and the 1¢ Sales Tax Option as the mechanism for paying the $47 million worth of roads? Mr. Olllff replied affirmatively. Mr. Olliff called attention to Page 2, A, "The first decision facing the Board will be whether or not to adopt the Comprehensive Plan Amendment required by the Stipulated SettlemeNt Agreement", and noted that the language of the Plan will be amended '.o reflect what everyone assumed was to be ~n the Agreement. Mr. Olltff referred to the White Paper, Page 2, B, "The second decision will be whether the Board wants to proceed with a sales tax referendum", noting that there are two decisions: the Board can decide to hold a referendum, or not to have a referendum. He indi- cated that should the Commission decide to hold a ~'eferendum, the question is then that of timing, noting that there are two scheduled elections, or another option of holding a special election, which is very costly. Mr. O//iff stated that the language of the Plan amendment takes effect on April 1st, and the County then becomes obligated to improve the State roads. He noted that a February referendum will allow the results of a Sales Tax Election to be known, prior to April 1st, and this will give the Commission the ability to say whether or not they Page 59 October 24, 1989 wish to continue issuing Development Orders in those State Road Corridors. Commissioner Volpe questioned whether there ts any reason to pur- sue an Interlocal Agreement with the City of Naples relating to U.S. 417 Mr. Ollt~f ~tated that there is reason to pursue an Agreement with not only the City of Naples, but Lee County as well. He n'ted that during tl.(~ Joint meeting with Lee County, a discussion took place relating to other Governmental Agencies which impact the transpor- tation system. Commissioner Volpe suggested the need for a cooperative effort from the City of Naples if they are impacting the State roads. Transportation Services Administrator Archibald advised that County Attorney Cuyler has included a special section in the new Impact Fee Ordinance addressing this, but noted that the only con- veyance the County presently has, is to work with the City in deve- loping an Interlocal Agreement so that they collect impact fees and then make a commitment to use those fees for certain roadway improve- ments. Mr. McLemore Indicated that in the absence of a %ales tax revenue resource by reliance on a decision of the Commtsstom ~o allow develop- ment to take place and the compelling need to meet the obligation for the required improvements, and without approval o~ the sales tax, the County could be placed in a position where they have no other ability other th~n property taxes; or the other issue is ~.hat o~ a moratorium. Commissioner Volpe stated that he disagrees with Mr. McLemore that the only other source of revenue would be that of property taxes. He Indicated that he believes there is the ability within the Capital Improvement to prevent a moratorium. He explained that other than the alternatives that have been discussed, he feels that staff should consider the possibility of a 1 mill Capital Improvement Levy. He noted that sales tax, under a certain scenario, will not be the answer to this issue. Page 60 October 24, 1989 Co~missloner Shanahan explained that there are a lot of people who think the County is currently spending too much money, and they cannot understand wh~,, with a $267 million budget, that a sales tax and bed tax are now being considered. He noted that there is going to have to be real Justification of the CIE and the 1¢ sales tax, etc. Mr. McLemore stated that revenues cannot be generated to implement the Growth Manaf~ement Plan wittout some degree of sales tax involved. He explained that in the very near future, decisions will have to be made on the issuance of buildinG permits, and staff will be advising of the impacts of those decisions. He indicated that those decisions may compel the Co~u~ission to an action that would otherwise not be made. Mr. Olliff stated that the option of a September referendum wo'~ld force the Commission to make some sort of a decision tn April. He advised the the issuance of Development Orders commits the County to provide the improvements by some revenue source. ***D~puty Clerk Km~F~n replaced Deput~f Clerk Hoffman at this tim *** Assistant to the County Manager Olltff stated %hat if the Board decides not to hold a referendum, they will be faced with a decision in April whether to continue issuing development OF,.l~,'~ and be com- mitted or to stop issuing development orders by some sort of a deve- lopment restriction. Commlsstoner Shanahan stated that the Board can process a plan amendmen% to remove the State roads from the Capi*al ia, provement Element and questioned what this would accomplish, to which Mr. Olliff stated that this removes the Board commitment from the plan, but a moratorium would have to be put into effect until the plan amendment was done. Commiss~oner Volpe questioned why the Comprehensive Plan did not have to be amended when the Capital Improvement Element was updated, to which Mr. Olliff stated that it is done this way by the Statute so that it is easy to put Capital Improvements in but very difficult to Page 61 October 24, 1989 take them out. Mr. Olliff stated that the Board can also decide not to place a moratorium on ,State road corridors which basically commits the County to do the improvt, ment on that roadway. He stated that the point of this option is that if the salef~ tax fails and this is not the revenue to be used, then the County is forced to look at what revenues w'~.l be available to dc, these improvements because the County has committed themselves. Mr. Olliff stated that staff has prepared a recommendation tha~ would allow the County to meet the level of service standards that are adopted by the community and would allow concurrency to be maintained on the Capital Improvements whether they are State or local. He stated that, therefore, staff is recommending that the Board hold a referendum for a one cent sales tax in February and that the State roads be funded and improved with three qualifiers; that Transportation funds are not provided by the State for those segments, that the State road segments do not meet the concurrency test; and that the Board establish some sort of agreement so that the monies that come to Collier County for state road tmprovemen%~ continue to come to Collier County for state road improvements. Commissioner Hasse questioned how much Collier County' receives from the State, to which Mr. Olliff replied that Collier County has been historically /ow in receiving dollars from Ta!l~lha~see in terms of dollars sent to Tallahassee by Collier County. Commissioner Volpe questioned if the Board should wait to see what happens in the next legislative session, to which Mr. Olliff stated that he would not recommend a delay because in order for this issue to be brought to the voters in February or April, the deadline is November. He stated that if the February election is not held and Tallahassee does not come through, then the Board has lost one of their options. He indicated that if April arrives and a building per- mit is issued on Davis Boulevard, then that means Collier County has Page 62 October 24, 1989 to improve Davis Boulevard even though it is a State road. There was a general discussion regarding the DRI's on Davis Boulevard and the developers commitment of four-laning that road. Mr. Olliff indicated that their dollars have to be ~n a budgeted program to meet the concurrency management plan, adding that by the developers simply indicating that they are going to improve the .oad does not meet concurrency. He noted that the only way this could be done is through an agreement that would state that the developers are going to give the County the money and then the County could budget that amount each year. Commissioner Volpe stated that ~n order to maintain concurrency the County could go ahead and as~ the developers for their fair share. Mr. Olliff stated that the developers do not have any obligation to give the County money up front unless there is some type of agreement that would indicate such. Commissioner Volpe questioned if these types of agreements are being pursued, to which Mr. Olliff replied negatively, adding that he is not going to pursue ~n agreement with the developers until he has direction from the Boar,~ and the Board has decided that they do not want to do anything with te%'ms of other funding ~ources. Assistant County Manager McLemore stated that the funding mechan- ism is the impact fees for those developments and lo do anything else would re~fre some type of unilateral policy. County Attorney Cuyler stated that it is impol, tant ~o find out who has what obligations and what assistance it will be for the County, but the general issue ts that in April there will have to be decisions made and at that time, it will be known as to what the sales tax will do for the County. Commissioner Volpe stated that the developers are probably thinking about their alternatives and are probably trying to work out some type of a fallback system, adding that he feels that this is a cooperative effort. Page 63 October 24, 1989 Mr. McLemore stated that the developers may be doing this, but that is not something that can be put into the plan because it has to be a public policy. · 8.s. Oom~emioner Shanahan left the ~ting at thie ti~e 8''~ Mr. Olliff stated that ther,~ is a discussion in the white paper about a moratorium and it cannot be placed for an indefinite pellod of time and it is not a solution. He noted that development cannot be stopped without having a plan for improvement. Commissioner Hasse questioned what happens if the referendum fails and the County continues to issue building permits, to which Mr. Olliff stated that he understands that the County would be subject to a challenge. Commissioner Volpe stated that he feels that there are other alternatives and he is asking that the Staff explore these other alternatives and be a little more creative. MPO Director Perry stated that in almost all the DRI's where there is fair share contribution language, it specifica]!y says that the obligation becomes due when the p~oJect starts puttt:,g traffic on the road and the rcad drops below an acceptable level of ~-!'vtce. He stated that where there is no development activity going on at this time, there is no obligation to pay anything at this time. He noted that some of the developers are coming in with checkw so that they do not get caught in a situation where they cannot develol., adding that Berkshire Lakes ts a developer that is participatiug in the Joint County, State and developer project on Davis Blvd., adding that they are meeting their obligation. Mr. McLemore stated that there are no public policies in existence that would direct the revenue to the public treasurer, and therefore, the County cannot project or rely on such revenue. Mr. Perry stated that most of the developments are not in a posi- tion where they are being forced to contribute their 'fair share because they are not ready to proceed at this time. Page 64 October 24, 1989 Commissioner Volpe questioned if the County takes care of the State roads that are in the Capital Improvement Element and receives money back frc~ the State later on, where will Collier County spend that money on St~,te roads withiI~ the County? Mr. Olliff stated that it does not have to be spent on State roads, noting it is simply a reimbursement of monies spent on State roads. Mr. McLemo~.'e stated that if sales tax is the way in which those public improvements are made on State roads, that revenue source is sunsetted. Mr. Perry stated that there is an assurance from the State that the normal stream of revenue will not be reduced because the County spends their money on State Roads, adding that there Is a State Law that says that the State will reimburse the County over a five year period if there is an agreement for those roads that are funded within the five year program. He noted that anything that is beyond the five year program there is no agreement for, but the State has stated that they will not penalize the County for using their ow~. money. Assistant County Manager McLemore stated that the option of a moratoriu~ is not really as big an option as it appea~:,. County Attorney Cuyler stated that he does not feel that it is an option, adding that the County is now dealing with ~ statutory mora- torium but says that Development Orders will not be is..~t~ed unless the County is concurrent. He stated that it is not th.., normal type of moratorium. He stated that his concern is the DRI versus the NON-DRI and the people that are going to get caught in the middle. Commissioner Volpe stated that all the DRI's were pIanned for and they got factored into the system early on and the five years is planned based on something that may never happen with some of these DRI's. He noted that they are the ones that will cause the problems. Commissioner Volpe stated that he would like Staff to pursue the DRI's and see what type of commitments there are as well as possibly Page 65 October 24, 1989 pursuing the sales tax or impact fees agreements and also working with the City of N~.ples. Assistant County Manager McLemore stated that communities all over the country vote to tax themselves to maintain a quality of life that they desire regardless of a mandated Growth Management Plan, that the majority of the Capital Improvements in the first five years will bring deficit conditions up to standards. Commissioner Volpe stated that this Commission will not allo~ the quality of life An Collier County to deteriorate, adding that the Board has an obligation to explore the alternatives and to manage growth. Assistant County Manager McLemore stated that he is indicating that people might be walling to improve the condition as it exists without a mandate. Commissioner Volpe stated that people want to know how all of this will benefit them and that is what they have to be told. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time. 3:40 P.M. BOARD OF COUN[~Y COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVE~I{ING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST: ' __JAMES C. 6ILES,L_~LERK ' ~These mlnUte~pro~d by the Board on as presented ~ or as corrected Page 66