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BCC Minutes 11/14/1989 R Naples, Florida, November 14, 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 I~GULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: Burr L. Saunders Max A. Hasse, Jr. Richard S. Shanahan Michael J. Volpe Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Maureen Kenyon, Ellis Hoffman and Annaliese Kraft, Deputy Clerks; Neil Dorrill, County Manager; Ron McLemore, Assistant County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, County Attorney; Kevtn O'Donnell, Public Services Administrator; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Administrator; William Lorenz, Environmental Services Administrator; Ray Bellows, Bryan Milk, Bob Lord, and Ron Nino, Planners; Dave Pettrow, Development Services Director; Ken Baginski, Planning Services Manager; Sue Fllson, Administrative Assistant to the Board; and Deputy Byron C. Tomlinson, Sheriff's Office. Page November 14, 1989 Tape Itu CONSENT AGENDA - APPROVED WITH CHANGES Contootoner Shanahan moved, seconded by Conlooloner hoe and c~rried unanimously, that the Agenda and the Consent Agenda be approved with the following changes: Item 6CI re Petition AV-89-022 to vacate rights-of-way within Foxflre to be heard at the beginning of the meeting. Item 8D re request from SCA Realty Group for letter of support of Sail Program application - Withdrawn Item 9D1 ~e an emergency ordinance establishing water restric- tions and local enforcement with the Marco Island Water System - Added Item 12B re waiving Immokalee Landfill tipping fees for the special community cleanup drive the weekend of November 18 and 19, 1989 - Added (Commissioner Goodntght) Item 14G1 re an agreement with Sea Con Industries, Inc. related to fill materials at the Naples Landfill - Continued to November 21, 1989. Item 6C6 re Pet. AV-89-021 re Audubon Joint Venture requesting vacation of certain easements for Lots 1-5 and other lots tn Tract "K" of the Audubon Country Club - Withdrawn Item 8C Public Petition re John Hooley - Withdrawn Item 6D Presentation by Klm Porter regarding the March of Dimes - Added Item ,51 EMPLOYEE SERVICE AWARD P~$KNTKD TO STEPHEN NAGY, UTILITIES DEPT. Commissioner Saunders presented a five year service award to Stephen Nagy of the Utilities Department. Item PROCLAF. qTION DESIGNATING THE WEEK OF NOVEMBKR 12 THROUGH NOVEMBER 25, 1989, AS M~DIATION AND ARBITRATION WEEK - ADOPTED Upon reading of the proclamation, Coulsstoner Volpe moved, seconded by Contsstoner Shanahan and carried unanimously, that the procl~tton deet~nating the w~ek of November 12 through November 25, 1989, u Mediation and Arbitration Week, be adopted. Page 2 November 14, 1989 Itmm PROCLAMATION DKSZO~ATINO FZSCAL YEAR 1989/90 AS THE YEAR OF THE ~VIRONKKNT IN COLLIER COUNTY - ,ADOPTED Upon reading the proclamation and presenting same to Environmental Services Administrator Lorenz, Comtteeloner Goodntght moved, seconded by Couutsetoner Shanahan and carried unanimously, that the proclm- tion designating rtscal Year 1989/90 as the Year of the Knvtromaont in Collier County, be adopted. Environmental Services Administrator Lorenz thanked the Board for their support, aCtding that the Comprehensive Plan has a very ambitious con- servatton and protection program flor Staffff to complete He stated that he to looking at creating a 10 year plan for 1900 as the start of the decade of the environment and 18 asking that the BCC also support this plan. Commissioner Saunders stated that as in the past, he will receive this support. ~age 3 November A4, 1989 INVITATION BY THE MARCH OF DIMES TO THE GOURMET CHEF'S AUCTION Ms. Kim Porter stated that she would lake to invite the Commissioners to the March of Dimes' first annual Gourmet Chef's Auction that wall be held November 27, 1989, at the Registry Resort. She stated that Sheriff Hunter is also offering a dining package thai will be auctioned off. Itea #5C1 RESOLUTION 89-355 RE PETITION AV-89-022, GALE MAPES, AGENT FOR FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, INC. REQUESTING VACATION OF ALL PUBLIC INTEREST IN THE PLATTED RIGHTS-OF-WAY FOR FOW~IRE UNITS 1, 2 AND 3 SO PETITIONER CAN CONTROL INGRESS-EGRESS WITH!~ FOXFIRE - ADOPTED SUBJECT TO CHANGES AND EFFECTIVE DATE OF SEPTKMBER 1, 1990 Legal notice having been published in the Naples Daily News on October 29, 1989, and November 5, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider Petition AV-89-O22, filed by Gale Mapes, as agent for Foxfire Community Association of Collier County, Inc., requesting vacation of all public interest in the platted rights-of-way, as shown on the plats of Foxfire Units 1, 2, and 3 so petitioner may control ingress- egress within Foxfire. Transportation Services Administrator Archibald stated that this is to consider a request by the Foxfire Community Association for vacation of public streets within the Foxfire development, adding that the public streets include portions of Kings Way, Foxfire Lane, Foxtail Court, Foxhound Drive, Foxhunt Way, and Fox Den Circle. He indicated that the location of the Foxfire development is approxima- tely half-way between Airport Road and Santa Barbara Blvd. and located between Radio Road on the north and Davis Blvd. on the south. He stated that the zoning is PUD and currently there is approximately 2-1/4 miles of public roadways within the development that are the subject of a petition to vacate. He indicated that the reason for this request is to convert the public roads to private roads which would make the Foxfire community a self-contained com- Page 4 November 14, 1989 munlty with control/ed access to and through the community. He noted that in evaluating the petition that has been submitted, Staff has received th~ standard "Letters of No Objections" with conditions from most of the utilities involved. He stated that almost all the uti/i- ties that responded specified the condition that should v~tcation of the streets be considered for approval, it would have to be subject to their continued right of access to the utilities that exist within the subdivision itself. He stated that with this condition being part of the vacation, Staff then analyzed the public benefit aupect and the public right of access which are the two main issues. He stated that with regards to the public benefit, there is a benefit to the public from the standpoint of converting public roads to private roads, adding that this benefit, although limited, means a reduction in overall maintenance responsibility for the County. He stated that in terms of dollars, it would be a cost of approximately $2,§00 per mile per year in maintenance costs. He indicated that there is a/so some detriment as there was a need to analyze the traffic and determine whether the traffic using the roads within the Foxfire development were being used as local roadways or whether they were functioning as minor collector roads and handling traffic generated by the development as well as traffic generated outside the development. He stated that the fin- dings Indicated that approximately §0~ of the traffic that is using Kings Way within the Foxftre development is gaining access to areas to the north or the south by using this road as a collector road, adding that as a result, this roadway is extremely important in serving a collector road function tn addition to a public road access for pro- perties outside Foxfire. He stated that for this reason and based upon the traffic studies that have been performed, Staff has concluded that Kings Way within Foxftre is currently serving an important public purpose in allowing for the movement of traffic through this area. He stated that Staff is recommending that the Board deny this petition baaed upon the fact that Kings Way functions as a collector road and Page 5 plays an important role for circulation in that part of Collier County. In answer to Commissioner Saunders, Transportation Services Administrator Archibald said that the volume of traffic on Kings Way in August was approximately 3,000 vehicles per day and 1,500 of those trips were identified as being through trips. He stated that until another important collector route is provided between Radio Road and Davis Blvd., he would suggest that the public benefit of access through the development outweighs the public benefit of reduced main- tenance costs and impacts on the properties within th~ Foxfire deve- lopment. Commissioner Hasse questioned if a collector road is generally designed through a residential area, to which Mr. Archibald stated that from a design standpoint, he would prefer a straight through alignment for a collector road, but most of the roads tn the County are not straight as they enter parts of developments, noting that a good example ts Lakewood Blvd. Commissioner Volpe questioned if this road was designed for the purpose that it is serving at the present time? Mr. Archibald stated that the original intent of the development was not to handle a lot of through traffic. Ne stated that from a roadway standpoint, the road has the capacity to handle the traffic that is on it and has a lot of reserve capacity. He indicated that Kings Way does have the capacity to function as a minor collector road and the volumes that are on the roadway now and will be on the roadway in the near future can be handled safely by Kings Way. Ne indicated that the level of service "C" will remain on that roadway even with more traffic, adding that he does not believe that the level of service will drop in the next few years because of increased traffic. Commissioner Saunders questioned when the improvements to Airport Road going north from Davis Blvd. to Golden Gate Parkway will be completed, to which Mr. Archibald stated that they will not be tnI- Page 6 November 14, 1989 ttated from a design standpoint until 1990 which places the permitting and construction Into 1991 or 1992. He Indicated that it would be two to three years before Airport Road could possibly handle the added traffic from the Radio Road corridor. Commissioner Saunders questioned when the Davis Blvd. improvements going westward from Kings Way to Airport Road would be done? Mr. Archibald atatgd that these improvements are In the State's five year plan tn the year 1994 to start construction. Commissioner Saunders questioned if the County has ~ny improve- ments plans for the Radio Road/Airport Road intersection over the next year or two, prior to the completion of stx-lantng Airport Road? Mr. Archibald stated that there are two Improvements that will be undertaken; one tn early 1990 that will be the six-lantng of Airport Road from Radio Road north to Golden Gate Parkway and in the latter part of 1990, ~he four-lantng of Radio Road will be initiated. Commissioner Saunders questioned if once the Improvements to Radio Road and Airport Road Intersection are completed will it be able to handle the additional traffic? Mr. Archibald stated that the Improve- ments on Airport Road in 1990 will be from Radio Road north, which will be a benefit to the north-bound movements. He noted that the Increased traffic would not affect the level of service at this Inter- section to any great degree. Commissioner Saunders stated that based on Mr. Archibald's state- mento, it appears that the impact on Radio Road or Airport Road will not be significant and the impact on Santa Barbara Blvd. or Davis Blvd. would not be significant. In answer to Commissioner Shanahan, Mr. Archibald stated that when communities are closed off, the through movement of vehicles is affected as well as pedestrians and bikers. Commissioner Shanahan questioned if this petition was approved, would other communities in the general area petition the Board for the same thing, to which Mr. Archibald stated that he would expect a Page 7 November 14, 1989 problem with other communities asking for the same thing if this peti- tion is approved. , In answor to Commissioner Shanahan, Mr. Archibald stated that the speed limit is 30 miles per hour and it is a "No Passing" zone. Me noted that a truck limit has been placed on the roadway; also that the Sheriff's Departmcnt has had active enforcement along this corridor. Commissioner Volpe questioned if there will not be an affect on the surrounding corridors, why is Staff recommending that these roads not be made into private roads, to which Mr. Archibald stated that the small volume of traffic will not affect the levels of service to any great degree, but he does have a concern whether or not those vehicles would go to that intersection or whether they would go through other residential areas and create a condition that may be more severe from a travel and safety standpoint than what currently exists on Kings Way through Foxfire. He stated that an examp], would be if the traffic used Donna Street through the Coconut Creek development. Commissioner Shanahan questioned when an alternate connector route would be available, to which Mr. Archibald stated that the alternate connector would be the extension of Livingston Road and that pro3ect is not identified in the five year time frame, adding that it would be closer to the ten year time frame before that roadway becomes a reality. Commissioner Volpe stated that this could set a precedent and questioned how much of a concern this is to Staff at this particular point in time, to which Mr. Archibald stated that it is an important and critical concern, adding that to vacate public roads in subdivisions is more complicated than it appears. He stated that at the time the roadways are vacated, they do not belong to the homeowners association, adding that they would become the property and the right of the adjacent property owners and they would have to go through a lengthy process of deeding the road back to the entities Page 8 November 14, 1989 ,,ith regards to the utilities and the operation and maintenance. Commissioner Volpe stated that as part of this propof,~l, those arrangements have already been made, noting that the association would have control of these roads. Mr. Archibald stated that the arrangements have not been made regarding documents that will be required by each and every property owner along that roadway that would have to be executed to re-create the access needed for the utilities and to address the issues of main- tenance and operation. Mr. Mapes, representing the Foxftre Community Association, pre- sented a 6-page presentation to the Board, noting that he would like this entered into the record: however, it was not presented to the Clerk of the Board office. He noted that the traffic study that was performed by Mr. Archibald was done in August, which is the lowest traffic volume time of the year. He noted that if the study was done at this time, there would be a substantial difference. He indicated that construction traffic and overweight traffic is a constant problem and the average speed through Foxfire is about 35 to 40 miles per hour. He noted that there are 140 golf cart owners within Foxfire and they have to drive on that road to get to the golf course; also the Foxftre Maintenance Department has to travel this roadway twice a year with agricultural equipment which is very slow traveling. He noted that if anyone wants to use the swimming pool they have to cross the street from the parking lot to get to the pool. He noted that during August, Foxfire has only about 320 permanent residents, but during this time of the year, there are more like 3,000 people that will be residing there until Easter. He noted that the Sheriff's Department has issued about 60 traffic violations and only two of them did not take place on Kings Way. He stated that if by granting this petition it sets a precedent, he feels that it is a good precedent because if these roads were closed to the public, the property values would increase and so would the taxes which would mean an increase tn reve- Page 9 November 14, 1989 nues to the County. He stated that this would reduce the County's expense as there would not be any further maintenance re~ired by the County. He noted that they feel that the traffic that ~ cutting through Foxfire should be using Santa Barbara Blvd. and A~rport Road, not a small 60 foot wide road going through Foxfire that Is only 1.2 miles long with seven curves in it. Commissiooer Hasse questioned if all the residents have agreed to accept the maintenance cost and the expenses involved with repairing the streets, to which Mr. Mapes replied affirmatively. Mr. Mapes stated that in February a special meeting was called and the vote was 6 to ! in favor of a one time assessment, not to exceed $300.00 per unit. He stated that there will be a monthly maintenance fee not to exceed $25.00 per month to maintain the assets once Foxflre is guard-gated and fenced in. He stated that there was a 720 member vote and 618 were affirmative, adding that they have a clear understanding that if the vacation is approved, Foxfire will be totally responsible for maintaining the streets. He noted that part of the monthly maintenance fee will be put into an interest bearing account so that the funds will be available !0 years from now when the roads need to be resurfaced at Foxfire's expense. In answer to Commissioner Shanahan, Mr. Mapes stated that ini- tially Moon Lake was opposed to this petition, but they have since reached an agreement whereby Moon Lake will be build, at their expense, an automated gate at the road connecting Moon Lake to Foxftre and Foxfire will control the mechanical devices and distribute them to the residents that would be entitled to use that gate. He stated that they have a similar agreement with Mr. Conroy who owns the five acre parcel to the west. In answer to Gommissioner Volpe, Mr. Mapes stated that there are 925 units in the association which is a mandatory homeowner's asso- ciation. Mr. Roland Warren, resident of 95 Ocean Blvd., Wind3ammer Village, Page 10 November 14, 1989 presented two petitions from Windjammer Village and Naples Estates with a total of 295 signatures opposing closing Kings Way Road, citing the fact that this is a public road, it will cause traffic disruption and inconvenience as well as a safety problem. Mr. Les Warner, resident of Foxfire, stated that he is requesting that these roads be vacated due to the safety factor involving children. He indicated that if this sets a precedent, it would be a good one. Mr. Edward Cornell, resident of Foxfire, stated t~at he is against this petition because if there is a guardhouse, each car will have to stop to be checked and the traffic will back up. He stated that there ia only room enough for about five cars to back up at the gatehouse before the traffic starts backing up onto Davis Blvd. which will create a hazardous situation. He noted that once permission te given to do this, it cannot be retracted. Mr. James Hetser, resident of Foxfire, stated that Kings Way was not intended to be a major or minor collector road and if this peti- tion is granted, Foxfire Community will completely cooperate with the County in all aspects. He stated that they are asking for a safe com- munity as the Developer originally intended. Mr. Lawrence Tobe, President of Foxfire Community, stated that he is in favor of the petition as he has concern with regard to the safety of the people in the area. He noted that there are children in the area, there are Joggers, bikers, and people Just trying to walk the sidewalks at night. Mr. Bob Colvin stated that with regards to transferring the title in case of privatization of the roads will be no problem as the ownership of all the common property is vested in 925 deeds. He indi- cated that there is no ownership by the Foxfire Community Association of the common elements, adding that this is owned by each individual housin~ unit and the taxes are paid the same way. He indicated that there will be no problem with regards to the title of these roads. Page 11 November 14, 1989 Ms. Erie Jones stated that she is favor of this petition because of the safety factor, adding that she would like a gatehouse in order to cut down on crime and increase the protection. Mr. John Bodem resident of Fox Haven, stated that there is a major problem with the way people drive on these roads and they would like to have these roads made private, noting that there would be a savings to the County with regards to the maintenance of the roads, but it would also be a big savings to the Sheriff's Department if they do not have to patrol this area all the time. Mr. Jack Conroy indicated that he and his wife own the five acres of property to the west of Foxfire, and they have agreed to cooperate with Foxfire in the privatization of the roads. He stated that Kings Way is not the kind of collector or arterial that people need to get from Point "A" to Point "B" efficiently and safer. He noted that the road should be private and the County should proceed aggressively with a road program to create arterials. Mr. Meredith Smith stated that he is in favor of this petition for the well being of the community in order to have a safer more peaceful and more serene community. Co~iaaloner Shanahan ~oved, seconded b~ Comissioner Haaae ~nd carried unani~ousl¥, that the ~blic hearing ~ clomed. Transportation Services Administrator Arch/bald stated that this petition was processed as vacating a plat under Statu~e ~7~ and if the Board does take action relative to vacating this, it would be recom- mended that only the public road rights be vacated under Statute ~9. He stated that under Statute 339, it Is possible for the County to vacate the public road right and leave intact the right of all the utilit~es to gain access to their facilities within Foxf~re. He noted that there w~ll be a need to revise the resolution if the Board con- s~ders approving the resolution to vacate. County Attorney Cuyler stated that there are two statutes under which the Board can vacate or abandon its r~ghts; one ~s 3~6.09 which Page 12 November 14, 1989 deals only with rights-of-way and the other is the vacation of a plat which must be by the owners and all of the owners within ,.ne plat, which ts not available under these circumstances. He stated that the advertisement for both of the Statutes ts Identical, which ts two weeks prior to a public hearing and then the public hearing is to be held. He stated that tbs Statute number of 177 was In the advertisement, but the two are sub~tantially the same and in his opinion, they serve the same purpose. In answer to Commissioner Hasse, County Attorney Cuyler stated that Statute 336.09 ts the only route that ts available to the Board, noting that under the platting statute, If the Board vacates a plat, it appears that all the Interest Is vacated tn whatever portion o~ the p/at is vacated, but under Statute 336.09, the Board can discontinue or abandon or vacate any interest that is deemed appropriate. He stated that this petition ts only for the right-of-way and If the Board ts going to take this action they will need to disclaim any right of the general public to travel on the right-of-way and disclaim maintenance of the roadway as well as maintenance of the drainage. He Indicated that the Board needs to retain rights currently held by the County to access County or District property and to install, construct and maintain utilities and other County or District properties or facilities. He stated that the Board should also retain any right currently held by private utilities to access, install, construct and maintain their utilities. In answer to Commissioner Shanahan, Mr. Archibald stated that the Intent of the development of Foxftre in the beginning was based upon the Idea of continuing a local road network from Radio Road to Davis Blvd. and then south to either U.S. 41 or Rattlesnake Hammock Road. In answer to Commissioner Volpe, Mr. Archibald stated the Comprehensive Plan has some verbiage that indicates that arterial spacing should be on two mile Intervals and collector road spacing should be on one mile intervals. He Indicated that there ts a need Page 13 November 14, 1989 for both arterial and collector roadways. Commissioner Volpe stated that according to the memo that is in the agenda packet, one of the findings that should be made is that the vacation would not be detrimental to the general public and questioned if this is a specific finding that needs to be made7 Mr. Cuyler stated that it is not a finding under Statute 336.09 but he would strongly suggest that this finding be made. Commissioner Hasse stated that he has a concern that a precedent might be set by doing this, but he also feels that each and every petition must be Judged by it's own merits. He stated that this is a collector roadway but a collector roadway that has 7 curves in it is not the best use for the general public. He indicated that with Santa Barbara Blvd. there is sufficient capacity to handle the north/south traffic. He stated that he can understand the concerns of the resi- dents. Commissioner Saunders questioned if the residents have any objec- tion to the road being vacated in June, 1990, in order to make the improvements to the Radio Road and Airport Road intersection prior to vacating the roadways, to which Mr. Mapes stated that they would be wi/ling to cooperate with the Commission if their request is approved. Commissioner Seunders questioned if there would be any problem with the Joggers, bikers or walkers to go through the guardhouse into Foxftre, to which Mr. Mapes stated that the plan is not to impede legitimate ingress and egress. He stated that he would not have a problem with these people going through Foxflre. ComLismionar Haose moved, seconded by Commissioner Saunderm, tl~t Remolution 89-355 re Petition 89-022 be adopted, with ~n effective data of Juno 1, 1990, and that the vacation is pursuant to Chapter 336 Section .09 of the Florida Sta%-~tes which would be vacating the road right-of-way, leaving in tact the public and private utili%~ intereat in serving the community and that the Foxfire Homeowners Aoaociation Bake provimions for l~dmetriano and btcyclistm to traverme the neigh- Page 14 Xovub~r 14,, 1969 borhoo~ an~ abandon or discontinue the public's right in v~htcle traf- fic on th~ roadw~/. Commissioner Volpe stated that this ts all predicated upon working out the agreements with Mr. Conroy and Moon Lake as well as other con- ditions and stipulations. County Attorney Cuyler stated that he will Include language which will indicate t'xat the County will be retaining all rights currently held by the County to access County or District property and to install, construct and maintain utilities and other County or District property for facilities and the Board would also retain all rights held by private utilities to access, install, construct and maintain utilities. He stated that he would also incorporate Into the resolu- tion that there would be no prohibition on emergency vehicles. He stated that what ts being released Is the general public's ability to travel on the roadways and the maintenance of the roadways, maintenance of drainage, etc. In answer to Commissioner Volpe, Commissioner Saunders stated that the Homeowner's Association has indicated that they will be taking over the responsibilities of transferring the maintenance respon- sibility from the property owners to the Association. He indicated that whatever documents that need to be prepared should be sent to Mr. Cuyler tn order for him to be sure that they are legally sufficient from the County's respect. He stated that the representative of the Association has indicated in the affirmative that he would send these legal documents to the County Attorney's office. Commissioner Shanahan stated that he is concerned about the prtva- ttzation going into effect June 1, 1990, if the roads have not been Improved, adding that he is concerned if the roads wtll be improved by that time. Transportation Services Administrator Archibald stated that he feels that construction will be far enough along by June 1, 1990, not to create a constraint to traffic on Radio Road or Airport Road from a Page 15 November 14, 1989 capacity standpoint. Coun'ty Attorney Cuyler stated that after the County passes the resolution, the County will be out of the process and it will then be between the private property owners and the Association with a current implied easement to travel on the road or a private easement as opposed to a general public easement. He noted that t?~e County Attorneyts office does not have to look at any of the documents. Mr. Bob Colvtn stated that the Homeownerts Association is prepared to accept the date of September 1, 1990, if It is more realistic. Cc~m/setoner Hu~e amended hie motion to change the effective from June 1, 1990, to Septalber 1, 1990, and Comm~eeloner Saundere ·mended hte ~econd. County Manager Dorrtll stated that he would like the Commission to acknowledge that when public assets are being given away, there is llothtng to ltmlt the Lakewood, Glades, Winter Park or Kings Lake com- munities from asking for the same type of treatment for the same reasons. He noted that there are other a]ternatives, adding that they will not make the residents totally happy, but if the traffic and speed related impacts are the primary concern, then the Lakewood community ks more affected than other areas. He stated that he is concerned about giving away public assets. Commissioner Saunders stated that the issue of this being a prece- dent has been talked about, adding that a precedent exists when a governing body deems a precedent to be in existence. He stated that there ts sufficient circumstances surrounding this particular petition to distinguish it from other petitions and it will be a case-by-case evaluation. He stated that he drives Kings Way quite a bit but he does not like drtvtr~g the road at night because it is difficult to see the way the lamps on the side of the road are, adding that he feels that this road ts entirely different than others. He stated that this ts not setting a precedent as far a5 he ts concerned. Upon call for the question, the motion carried unanimously. Page 16 November 14, 1989 Reclee: 10:55 A.M. - Reconvened: 11:10 A.M. at which tim Deputy Clerk Hoff~an replaced Deputy Clerk Ken~on ,ese, Item #6B2 ORDINANCE 89-74, PETITION R-89-5, JAMES DAVIS OF COASTAL ENGINEERING, INC., I~X~S~ING NAPLES RADIOLOGISTS REQUESTING REZON~ FROM A-2 TO PUD FOR SOUTHWEST PROFESSIONJ~ PARK - ADOI~rED PER PETITIONER'S Legal notice having been published in the Naples ~atly News on October 25, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-89-5, Naples Radiologists represented by Jim Davis of Coastal Engineering, Inc., requesting zoning classification from A-2 to PUD known as Southwest Professional Health Park, for property located on the south side of Immokalee Road (CR-846) approximately one miles east of Tamiami Trail (U.S. 41), containing 18.5 acres, more or less, located in Section 26, Township 48 South, Range 25 East, Collier County, Florida. Planner Nino explained that the proposed uses are of a mixed nature consisting of medically related facilities and housing of a special purpose for elderly and health care type of unite. He explained that this use is specifically provided for in the Growth Management Plan, and noted that an exception is made for the introduc- tion of health care facilities that typically would be permitted in an Activity Center, when the land is located within 1/4 mile of an existing major health care facility. He indicated that this site is so situated, and complies with the Land Use Element of the Growth Management Plan. Mr. N/no advised that the pertinent review agencies have reviewed the plan, and have indicated that this application would not consti- tute a problem on any level of service, with one exception: traffic. He stated that because of the traffic concern, Staff has stipulated that a phased development would be allowed which would not impose a lower level of service burden on Immokalee Road, until such time that Immokalee Road is four-laned. Page November 14, 1989 Mr. Nlno indicated that the Collier County Planning Co~.~tsston reviewed this application on October 19, 1989, and unanimourly endorsed same. He noted that no members of the public spoke in oppo- sition to this project. He stated that Staff is recommending approval of this petition, subject to Staff's stipulations. He explained that Staff believed ghat all of the stipulations had been ir~corporated into the PUD document, but upon further review, he discovered that some of the stipulations had been omitted, particularly those relating to transportation. He commented that if this petition is approved, he is suggesting that the motion reflect that the PUD document be further consolidated to include the omitted stipulations. Mr. Nino stated that the petitioner contacted Staff and indicated that he has a problem with the only two stipulations that Staff believed was outstanding, fo/lowing the CCPC meeting. He called attention to the Agreement Sheet, Item "A", and noted that the peti- tioner feels that the existing wording is of the nature which on1¥ permits 1,560 average daily traffic movements, irrespective of the four-laning of Immokalee Road, and they urged that an additional sen- tence be added. He stated that Staff has drafted an additional sen- tence which maintains the intent of the stipulation and does no injury to the public interest issue, and therefore, Staff is recom- mending the amended agreement sheet together with the transportation stipulations which were omitted from the consolidation of the PUD documents. Mr. James Davis, of Coastal Engineering, Inc., representing the petitioner, stated that the subject site contains 18.§ acres, and is adjacent to Immokaiee Road. He indicated that the land immediately to the west is zoned industrial, and part of the land is developed and is the location of the North County Waste Water Treatment Plant. He noted that directly to the south of the project is the site of the North County Community Park, and land immediately to the east is currently zoned agricultural, and is the location of the Green Heron Page 18 November ~4, lgsg landscape business. Mr. Davis advised that the project is intended to be complimentary to the existing medical facility, and the uses will be those of medi- cal offices and medical clinics. He informed that the Adult Congregate Living Facility portion of the PUD will be located in the southern portion of the parcel. He stated that the pe~:itioner agrees to the modifications as proposed. Commissioner Volpe questioned the density of the development within the PUD? Mr. Davis called attention to the PUD document, and noted that Tract ! contains 7.2 acres and allows a maximum square footage of 78,410 SF; Tract 2 contains 3.7 acres, allows a maximum of 40,2g0 SF; Tract 3 contains 1.§ acres and allows a total of 16,9g0 SF; Tract 4 contains 2.5 and allows 28,310 SF, and noted that the total project will not exceed 164,000 SF. There were no speakers. Co~issioner H~ase ~oved, seconded by Commissioner Volpe ud carried unantmly, to close the public hearing. Comtssioner Hasse ~oved, seconded by Co~uaissloner Shanahan and carried unanimously, that the Ordinance as numbered and titled below be adopted, ~ubJsct to the Petitionsr~s A~reement, as aended, and entered into Ordinance Book No. 37. ORDINANCE 89-74 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 48-26-7 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A-2" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SOUTHWEST PROFeSSiONAL HEALTH PARK; FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (CR-846) APPROXIMATELY ONE MILE EAST OF TAMIAMI TRAIL (U.S. 41} CONTAINING 18.5 ACRES, MORE OR LESS, LOCATED IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. Page 19 November 14, 1989 ORDINANCE 89-?8, PETITION Z0-89-27, AMENDING ORD. 82-2, SECTION 6, TO FRO~IDE FOR THE ALTERATION, EXPANSION OR ~PLACEMENT OF CERTAIN NON-~ONFORMING SINGLE-FAMILY IYNELLINGS, DUPLEXES OR MOBILE HOM~S - Legal notice having been published in the Naples Daily News on October 25, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Collier County Ordinance 82-2, The Comprehensive Zoning Regulations for the unincorporated area of Collier County, Florida, amending Section 6. Planning Services Manager Baginski explained that Petition Z0-89-27 is a request to amend sections of Ordinance 82-2, to allow for the alteration, expansion, or replacement of certain non- conforming sing/e-family dwellings, duplexes, or mobile homes. Mr. Baginski stated that the Collier County Planning Commission reviewed the proposed amendment during the November 2, 1989 meeting, and are recommending approval. He informed that the CCPC made one minor revision to the verbiage of the required vote, that "approval by the Board of Zoning Appeals shall require a 4 to ! majority vote", rather than "a majority vote of those members of the Board of Zoning Appeals present and voting." Mr. Baginski informed that there was one speaker at the CCPC hearing with input of affirmative comments relating to the proposed amendment. He stated that Staff is recommending approval of Petition Z0-89-27, subject to the recommendation of the CCPC. Mr. Harold Vann, President of Port Marco Associates, a 16 unit mobile home park, stated that his group supports the proposed amend- ment. He indicated that he would like to have the opportunity to discuss the procedures involved, subsequent to the Commission's vote. Commissioner Saunders stated that assuming that the amendment will be approved, he suggested that Mr. Vann meet with Staff regarding his questions on procedures. Mr. George Keller, President, Collier County Civic Federation, Page 20 November 14, 1989 indicated that the present Zoning Ordinance does not exempt lots of 1.25 acres in Golden Gate Estates. He noted that he reads the pro- posed amendment as 1.25 acres lots in Golden Gate Estates are non- conforming lots, and are subject to al/ requirements. Ne advised that at the time of the public hearing tn 1982 relating to Ordinance 82-2, he had suggested that the ordinance contain an exclus]o:l for the 1.26 acres lots, and it was agreed that would happen. He noted that he feels that the plotted 1/25 acres lots in Golden Gate Estates should be exempt from this ordinance. There were no other speakers. Co~nieeloner Shanahan aoved, seconded by Conmteetoner Saundere and carried unanimou~ly, to close the public hearing. County Attorney Cuyler advised that the ordinance addresses non- conforming uses and structures, as opposed to a non-conforming lot. He explained that the Golden Gate Estates residential houses are con- forming uses and structures. Mr. Baginski explained that the changes and recommendations in the ordinance specifically refer to non-conforming dwelling units, and no mention is made relative to the non-conforming lot situation. Comieeioner Shanahan ~oved, seconded by Comieetoner Goodnight and carried unani~ousl¥0 that the Ordinance as numbered and titled bel~ be adopted and entered Into Ordinance Book No. 3?: ORDINANCE 89-?§ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; AMENDING SECTION 6, NON-CONFORMING LOTS, NON-CONFORMING USES OF LAND OR WATER, NON-CONFORMING STRUCTURES, NON-CONFORMING USES OF STRUCTURES AND PREMISES, AND NON-CONFORMING CHARACTERISTICS OF USES, BY AMENDING SUBSECTION 6.1(b)., DECLARATION, TC PROVIDE EXCEPTIONS FOR CERTAIN NON-CONFORMING USES; BY AMENDING SUBSECTION 6.3(a)., ENLARGEMENT, INCREASE, INTENSIFICATION, ALTERATION, TO PROVIDE EXCEPTIONS FOR CERTAIN NON-CONFORMING USES: BY ADDING NEW SUBSECTION 6.10(d)., ALTERATION, EXPANSION, AND REPLACEMENT OF NON-CONFORMING SINGLE FAMILY DWELLINGS, DUPLEXES OR MOBILE HOMES TO PROVIDE STANDARDS AND CRITERIA FOR THE GRANTING OF CERTAIN EXEMPTED NON-CONFORMING USES BY THE BOARD OF ZONING APPEALS; BY AMENDING SECTION 11, BOARD OF ZONING APPEALS, POWERS, DUTIES AND PROCEDURES, SUBSECTION ll.l(c), SPECIAL AUTHORITY OF BOARD OF ZONING APPEALS IN RELATION TO CERTAIN NON-CONFORMING USES, TO ADD A NEW SUBSECTION AUTHORIZING THE BOARD OF ZONING APPEALS TO CONSIDER, AFTER CONSIDERATION AND RECOMMENDATION BY THE COLLIER COUNTY PLANNING COMMISSION, PETITIONS FOR THE ALTERATION, EXPANSION OR REPLACEMENT Page 21 November 14, J989 OF NON-CONFORMING SINGLE FAMILY DWELLINGS, DUPLEXES OR MOBILE HOMES; PROVIDING FOR CONFLICT AND SEVERABILITY. AND PROVIDING AN EFFECTIVE DATE. ' Zte~ ~6B5 0RDI]tA~CK 89-78 PKTITION R-89-16, WILLIAM R. VIJ~KS REPRESENTING SA3FD EASTLE CONSTRUCTION OF NAPLES, INC., REQUESTING REZONE FROM A-2 TO PUD FOR "APRIL CIRCLE" FOR X20 MULTI-DWELLING UNITS - ADOPT~D SUBJKCT TO .Rxv'~sw~ &nD ~~ ny COUWTT ATTORNEY Legal notice having been published in the Naples Daily News on October 25, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-89-16, William Vines & Associates, representing Sand Kastle Construction of Naples, Inc. 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 48-26-9 by changing the zoning classification from A-2 to "PUD" known as "April Circle" for 120 multi-family dwelling units; for property located on the southeast corner of Immokalee Road and the future Livingston Road, containing 9.347 acres, more or less, located in Section 30, Township 48 South, Range 26 East, Collier County, Florida. Planner Nino informed that this petition is a request for a rezone from A-2 to PUD to facilitate construction of low and entry level income housing as encouraged by the Housing Element of the Growth Management Plan. Ne advised that the site is comprised of 9.7 acres of property, and the project density is 120 units of housing which ia less than the 16 units per acre as permitted by the multi-family entry level housing provisions of the Zoning Code. He indicated that all Pertinent reviewing agencies have looked at the matter of the level of service in terms of water, sewer, utilities, and transportation, and they have all indicated that this development would not adversely impact those levels of service. Mr. Nino explained that a number of mitigation measures have been made in the application, noting the dedication of an additional 50' of right-of-way for Immokalee Road and a portion of Livingston Road. Page 22 November 14, 1989 Mr. Nlno stated that the Collier County Planning Commission reviewed this petition on October 19, 1989, and unanimously recom- mended approval. He reported that there were no speakers to this p~tition at that hearing. Mr. Nino indicated that all at~pulations have been incorporated into the PUD dccuments. He called attention to an additional stipula- tion, which wa~ added by the CCPC, that requires 20' of landscaping, in addition to the 50' of right-of-way. He indicated that the applicant is opposed to that stipulation, and Staff believes that this stipul&tion is a ponderous burden on the developer. He explained that there is a 5% buffering requirement between any vehicular right-of-way or parking lot. Mr. Nino stated that Staff is recommending approval of the PUD document, with all stipulations having been consolidated therein. Commissionur Hasse questioned whether Staff is not requiring the additional 20' of buffering? Mr. Nino replied that this is not a pro- vision of the ordinance, and it demands more of this petitioner than is required under the normal zoning procedures. Commissioner Volpe noted that Staff is looking for ~uidance from the County Attorney's office to ensure the legal commitment concerning the fact that these housing units will be rented at established rates commensurate with the Federal Regulations for Low and Moderate Income Rental Housing costs. He questioned whether that guarantee exists? Mr. Nino stated that the agreement is currently in the County Attorney's office for fine-tuning. He indicated that approval is contingent upon consummation of that agreement. Mr. Ntno explained that the agreement provides for a 30% commit- ment of the housing stock within the development to rental ranges that meet the tsst. He noted that not only will 30% of the units meet the test, but the rental rates for the entire development m~ets that test. Mr. William Vines, representing Sand Kastle Construction, advised Page 23 November 14, 1989 that the agreement which is currently in the County Attorney's office, was prepared by the Director of Housing and Urban Improvement, and has been agreed to by the petitioner. With regard to the additional landscape strip, as suggested by the CCPC, Mr. Vines indicated that he feels this stipulation is inappropriate. He stated that if the landscaping requirement along major roads is to be increased, he feels that this should be done by ordinance, and made applicable generally, rather than selecting one petitioner to do so. He noted that the additional 20' will be subtracting 20' from the central portion of the project, that is open space, and of which the 120 units will be clustered. Commissioner Shanahan questioned whether the petitioner is correct in his statement that requiring that only he provide an additional 20' of buffering is not the correct way to go? Mr. Nino replied that he believes the appropriate vehicle would be to instruct Staff to come back with an ordinance amendment which would achieve the opportunity for greater landscaping. County Attorney Cuyler advised that his office received the draft agreement from Mr. Shreeve's office yesterday. Mrs. Charlotte Westman, representing the League of Women Voters of Collier County, stated that the League has been a long term supporter of this type of housing. She noted that the League has concerns relating to rentals that are termed "Low Income and Moderate Income", and questioned how long the procedure will take with regard to the petitioner and the Attorney's office? She voiced further concerns regarding the length of time these housing units will remain "/ow income or moderate Income", noting that when the agreement between the owner and the Department of Housing and Urban Improvement has been terminated, the April Circle project may be utilized for conventional multi-family rentals and/or the multi-family structures may be con- verted to multi-family condominiums, and the individual dwelling units may be sold. Page 24 November 14, 1989 Commissioner Volpe stated that an integral part of this pet/t/on is knowing what the commitment is, as to what the Income levels will be, and what the term of the commitment will be. He Indicated that he feels if the Commission proceeds with approval of the agreement at this time, the negotiating ability ts lost. There were Do other speakers. Cos~ieeton~z Shanah~n ~oved, seconded by Co,missioner Huse, cl~ t~ ~blLc hearing. In answer to Commissioner Hasse, Mr. V~nee advised that ~here will be ~ on-site rental agent, and noted that the agreement provfdee that the m~nimum term for the life of this pro~ect as a rent control fac~- lity is 15 years; and the rental rates are set forth for the initial occupants and are tied to annual changes in RUD's average median ~ncome ~n call for the ~ee~on, the ~tton carried Co~sei~er Vol~ ~ed, seconded ~ Co~ss~oner S~ ~d c~t~ ~i~sl~, ~o a~r~e Petition R-89-~6, w~th the condit~on t~t t~ ~~nt ~n the Co~ ~d the ~elo~r ~ within the ~ter~ of 15 ~, as de~cri~d ~ Mr. Vines, ~d ~t the Ordt~ ~ n~r~ ~d tttl~ ~1~ ~ adopted ~d entered Into ~dt~ce ~k ~o. 37: O~IN~E 89-76 AN ORDINANCE ~ENDING COLLIE~ COUNTY ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIOHS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS ~P ~BER 48-26-9 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN D~SCRIBKD REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOP[4ENT KNO~ AS "APRIL CIRCLE" FOR ~20 MULTI-FAMILY DWELLING UNITS; FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF I~OKALEE ROAD AND THE FUTURE LIVINGSTON ROAD CONTAINING 9.347 ACRES, MORE OR LESS, LOCATED IN S~CTION 30, TO.SHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNt, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. Co~ss~oner Saunders noted that it ~s the consensus of the Co~ss~on that Staff be directed to come back with an ordinance amendment dealing w~h buffering and screening. Page 25 November 14, I989 ORDIIM~[CH 89-?? ADOPTINO THE 'STANDARD PLUMBING CODE, 1988 EDITION NI]~HT~ ~909 RE¥I$IONS - ADOPTED Legal no~tce h~vtng been published in the Emplse Daily News on October 14, 21, ia, and November 4, 1989, es evidenced by &fftdavtt of Publication ftle~ with the Clerk, public hearing was op, ned to con- st~er ~n ordinance ~e~dtng the 'Collier County Plu~b&ng Code' by ~$opttn~ the '$~n~ard Plumbing Code, 1988 Edition with the 1989 revisions'. The~ew~re no speakers. Com~tsstorsr H~mse moved, seconded by Commissioner Ooointght ~r~ carrtod un~nlmly, that the public hearing be closed. Commissioner Hasse moved, seconded by Co~-tsstonsr Oocalntght and carried unanimously, that the Ordinance u numbered and tttlld below be ~$opte~ ~nd entered into Or¢tnance Book No. 3?: ORDINANCE 89-?? AN ORDINANCE AMENDING THE "COLLIER COUNTY BUILDING CODE" BY ADOPTING THE "STANDARD PLUMBING CODE, 1988 EDITION WITH THE 1989 REVISIONS", INCLUDING APPENDIXES A, B, C, D, G, I, J, AND K AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., AS FURTHER AMENDED BY THIS ORDINANCE; AMENDING SECTION 105 RELATING TO THE BOARD OF ADJUSTMENT AND APPEALS: AMENDING SECTION 1209.3 RELATING TO LOCATION OF SHUTOFF VALVE IN LIVING UNITS: AMENDING APPENDIX A; AMENDING SECTION A103.8.? RELATING TO DRAINAGE AND VENT TESTS; AMENDING SECTION A103.8.9 RELATING TO BUILDING SEWER; DELETING SECTION A105.4 IN ITS ENTIRETY; AMENDING SECTION Al0? RELATING TO VIOLATIONS AND PENALTIES; REPEALING ORDINANCES 86-51 AND 87-22: PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING FOR Ail EFFECTIVE DATE. Item ORDINANCE 89-?8, ADOPTING THE 1988 "STANDARD GAS CODE WITH 1989 REVISIONS' - ADOPTED ' Legal notice having been published In the Naples Dally News on October 14, 21, 28, and November 4, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider an ordinance adopting the "Standard Gas Code, 1988 Edition, with lg8g revisions. There were no speakers. Co~/mloner Shanahan moved, meconded by Co~-issloner aoodntgbt 1~ 26 November 14, :2989 and carried unaniBously, to close the public hearing. Commissioner Goodnight moved, seconded by Commissioner Shanahan and carried unanimously, that the Ordinance as numbered and titled belo~ be adopted and entered into Ordinance Book No. 37: ORDINANCE 89-78 AN ORDINANCE ENACTING ONE PART OF THE "COLLIER COUNTY BUILDING CODE" BY ADOPTING THE "STANDARD GAS CODE, 1988 EDITION, WITH 1989 REVISIONS, INCLUDING APPENDIX A AND APPENDIX B, AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., AS FURTHER AMENDED BY THIS ORDINANCE; CHAPTER ! ADMINISTRATION, AMENDING SECTION 105 RELATING TO THE BOARD OF ADJUSTMENTS AND APPEALS; AMENDING CHAPTER 3 GAS PIPING INSTALLATIONS; AMENDING 306 PIPING MATERIALS AND WORKMANSHIP BY AMENDING SECTION 306.6 RELATING TO PIPE COATING; AMENDING SECTION 309 TO CREATE SUBSEC- TION 309.15 RELATING TO PROTECTION AGAINST PHYSICAL DAMAGE TO PIPING; AMENDING APPENDIX A TO SUPPLEMENTAL ADMINISTRATIVE PROVI- SIONS; AMENDING SECTION A103.7 RELATING TO FEES; DELETING SECTION A105.4 IN ITS ENTIRETY; AMENDING SECTION Al07 RELATING TO VIOLA- TIONS AND PENALTIES; REPEALING ORDINANCE 86-52 AND 87-24; PRO- VIDING FOR CONFLICT AND SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE. 0RDIHANCE 89-79 ADOPTING THE "STANDARD MECHANICAL CODE, 1988 KDITION WITH TI~ 1989 REVISIONS' - ADOPTED Legal notice having been published in the Naples Daily News on October 14, 21, 28, and November 4, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider an ordinance adopting the "Standard Mechanical Code, 1988 Edition with the 1989 revisions". There were no speakers. Co~/8sioner Shanahan ~oved, seconded by CoMiseloner Hasee and CaXTAedun~m~musl¥, to close the public hearing. Co~/ssioner Shanahan ~oved, seconded by C~aissioner Goodnight ~nd carried unanimously, that the Ordinance as numbered ~nd titled belo~ be adopted and entsred into Ordinance Book No. 3?: ORDINANCE 89-?9 AN ORDINANCE AMENDING THE "COLLIER COUNTY BUILDING CODE" BY ADOPTING THE "STANDARD MECHANICAL CODE, 1988 EDITION WITH THE 1989 REVISIONS", INCLUDING APPENDIX "A" AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., AS FURTHER AMENDED BY THIS ORDINANCE; AMENDING CHAPTER I ADMINISTRATION, SECTION 105 RELATING TO THE BOARD OF ADJUSTMENTS AND APPEALS; AMENDING SUBSECTION 308.9.1 RELATING TO CLOTHES DRYER EXHAUSTS; AMENDING SECTION 404.1 RELATING TO CONDENSING UNITS, FOUNDATION SUPPORTS, AND TIE-DOWNS; AMENDING SECTION 504 BY ADDING SUBSECTION 504.10 RELATING TO FIBER-GLASS DUCT BOARD SYSTEMS; AMENDING SECTION 505.1 Page 27 November 14, ~989 RELATING TO FLEXIBLE DUCT; DUCT CLEARANCES, BY ADDING SUBSECTION 508.2.1 RELATING TO CLEARANCE OF PLENUM CHAMBERS; AMENDING SECTION 603 CONDENSATE DRAIN PIPING BY ADDING SUBSECTION 603.3 RELATING TO INSULATION OF CONDENSATE DRAIN PIPING; AMENDING APPENDIX "A" SUPPLEMENTAL ADMINISTRATIVE PROVISIONS; AMENDING SECTION A103.7.1 RELATING TO FEES; DELETING SECTION A105.4 RELATING TO THE BOARD OF ADJUSTMENTS AND APPEALS IN ITS ENTIRETY; AMENDING SECTION Al07 RELATING TO VIOLATIONS AND PENALTIES; REPEALING ORDINANCES 86-50 AND 87-23; PROVIDING FOR CONFLICT AND SEVERANCE; F'ROVIDING FOR AN EFFECTIVE DATE. RESOLUTION 89-356 RE PETITION V-89-15, LARRY R. ANDRHW~ REQUESTING A l0 FOOT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF SO FRZT TO 20 FEET AT 413 RID~z DRIVE - ADOPTED Legal notice having been published in the Naples Daily News on October 8, 1989, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened to consider Petition V-89-15, fi/ed by Larry and Patricta Andrews, requesting a 10 foot side yard variance from the required side yard setback of 30 feet to 20 feet to allow an existing garage to remain at its present location, described as: Lot 33, Block L, Pine Ridge Extension, as recorded on the plat thereof, found in Plat Book 3, Page 51, of the Public Records of Collier County, Florida. (413 Ridge Drive) Planner Milk advised that the subject property is zoned RSF-1 and allows a single-family residence as a permitted principal use. Mr. Milk reported that in January, 1986, the Petitioner filed for a building permit to enlarge his house, noting that the purpose of construction was to add a bedroom, recreation room and garage. He indicated that the permit was approved with front and rear yard set- backs of 50' and aide yard setbacks of 30' Mr. Milk stated that in 1989, the petitioner submitted building plans for a single family room addition to his residence. He informed that a Customer Service Representative reviewing the plans, noted that the northern side yard setback was in violation of the required 30' side yard setback; and would not accept Mr. Andrews' building plans. Mrs. Patrtcia Andrews advised that she and her husband decided to extend the garage after receiving their building permit. She indi- Page 28 November 14, 1989 cared that they had relied on a verbal okay from the Building Department, and were informed that as long the setbacks were not violated, this would be permissible. She explained that there are discrepancies tn the site plans, and noted that she and her husband were complying with the Pine Ridge Deed Restrictions of 20', and were unaware that the County had an overriding setback of 30'. She noted that this slt='~tion came about as the result of a desire to build a guest house on the subject property, and when the architect drew the plans with same 20' setback and they were submitted to the County, they were so advised that the setback was 30'. Mr. Milk stated that the Pine Ridge Architectural Control Committee received and approved the Andrews' butldtng plans as they existed. Mr. Milk indicated that the Collier County Planning Commission held their public hearing on October 5, 1989, and recommend approval of the subject variance request. There were no other speakers Cc~iuloner Shanahan ~ov~d, seconded by Comissioner Goodnight and carried un~mt~ously, to close the public hearing. t'4~/uloner ~oodnight ~, seconded b~, Co~tsmioner Shanahan ~nd ~rTledm~ni~m~ly, that Petition V-89-15 be approved, ~nd that Page 29 November 1~, ~989 RESOLUTION 89-357 RE PETITIOM V-89-14, GARY DEAN OF OUTDOOR RESORTS OF CHOKOLO~REE, INC., REQUESTING A FOUR FOOT VARIANCE FRO~ THE REQUIRED $ID~YARD $1~T BACK OF FIVE FEET FOR PROPERTY LOCATED AT O~rDOOR RESORT~ ON CHOKOLOSE~E ISLAND - ADOPTED Legal notice having been published in the Naples Daily News on October 29, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-89-14, filed by Gary Dean of Outdoor R~sorts of Chokoloskee, Inc., requesting a 4 foot variance from the required side yard setback of 5 feet to ! look, for an existing mobile sales office, in a TTRVC zone, for pro- pert~ describod as: all that lot, tract or parcel of land situated, lying and being in Section 31, Township §9 South, Range 30 East, Collier County, Florida. (Outdoor Resorts of Chokoloskee) Planner Bellows informed that the subject property is located on the east side of SR-29, approximately 2§0' north of Snook Alley in Chokoloskee. He advised that the applicant is seeking a 4' variance from the required sideyard setback of 5' in order to allow the con- tinued use of a temporary sales and administrative office for his TTRVC sites. Mr. ~ellows advised that the applicant intends to remove the building when sales are complete, and replace it with a smaller building. Mr. Bellows reported that the Collier County Planning Commission has stipulated that the sales office be removed or relocated to a con- forming location by the end of six months after the granting of the variance, rather than waiting for the completion of sales. There were no speakers. C~sm~on~r Shanahan ~ov~d, mmconded by Co~miesionmr Hues ~nd carried ~i~ou~ly, to close the Irabltc hearing. Co~iuloner Goodntght ~oved, seconded b~ Co,missioner Shanahan · nd C~Tied ~i~O=~1¥, tO approve Petition V-89-14, ~nd adopt Page 30 November 14, 1989 Item ~7B1 lt~SOLUTION 89-358 RE PETITION PU-89-14, MARK LAMOUREAUX, P.E., ~ING NILLIAM F. AND PEARL D. WHITE, REQUESTING PROVISIONAL USE 'Ia OF THE C-4 ZONING DISTRICT FOR A MOTEL (ALLOW ADDITION TO AN EXI~TIN~ ~OTEL} FOR PROPERTY LOCATED ON THE SOUTH SIDE OF RATTLESNAKE ~ ROAD (11238 TAMIAMI TRAIL EAST) - ADOPTED, PER PETITIONER'S A~ Planner Lo~.d stated that the petitioner requests approval for a ten unit motel '~ddition, in the C-4 Zoning District. He advised that surrounding zoning and land uses are as follows: land to the north and across U.S. 41 is C-4, with a motel use; land to the east is a small commercial plaza also zoned C-4; to the south is RSF-4 zoning; and land to the west is undeveloped and zoned C-4. Mr. Lord indicated that the Comprehensive Plan states that existing zoning in effect when the plan was adopted is in compliances with the Comp Plan. He noted that the requested use is allowed as a provisional use under the C-4 District. He reported that Staff has determined that this provisional use is in compliance with the Comprehensive Plan. He explained that all outstanding issues have been resolved and the applicant is in agreement with all staff recom- mendations and stipulations. Mr. Lord advised that the Planning Staff recommends approval of this petition, subject to all stipulations as contained in the Agreement Sheet. He noted that the Collier County Planning Commission held their public hearing on November 2, 1989, and forwarded subject petition to the Board with a recommendation of unanimous approval, subject to staff's stipulations. He informed that there were no speakers either for or against this petition, and no correspondence has been received. Commissioner Volpe noted that the ingress/egress to U.S. 41 does not currently meet FDOT standards, and questioned whether this will be a problem? Mr. Mark Lamoureux, representing the petitioners, stated that Mr. and Mrs. White will be required to fill out FDOT permit forms, and if ['age 31 November 34, 1989 any improvements are required either by the County or FDOT, those details will be worked out as a condition for approval. Colieeloner Goodnight ~oved, eeconded by CoMtssioner Shanahan ·nd c&rried unani~ously, to approve Petition PU-89-14, ~nd that Resolution 89-358 be adopted, ~ubJect to the Petitioner's A~ree~ent. P~ge 32 November 14, 1989 ~E I~VIS R~I'RISENTING SI(~CRAFT RE COLLIER COUNTY SIGN ORDINANCE - ~IAI~F TO ltt~$IT ISSUE OF 4' REQUIREMENT, I~>RE WITH HR. DAVIS AND COME B~CK TO BCCW'ZTN ALTK~N&TIVES Mr. Mike Davis of SignCraft, and representing the newly formed Collier County Sign Association, provided copies of proposed changes to the Collier County Sign Ordinance. Mr. Davis zoiced concerns relating to Wall or Mansard Signs, Item (a) of the newly adopted ordinance. He indicated that there appears to be discrepancies in the interpretation of this section of the ordi- nance. He stated that if the 4I maximum height limitation remains in the ordinance, there is still a problem with a lot of the larger signs, i.e. Wal-Mart, Publix, etc., being in violation. He explained that if the 2§0I square feet maximum remains in the ordinance, it seems capricious to have the 4' height limitation of a sign that large. Planning Services Manager Bagtnski stated that he has had conver- sations with Mr. Davis and the Attorney,s office, and noted that he recommended the 4' limitation since he felt this was reasonable, but noted that an amendment is being drafted which addresses various glitches which have arisen since the adoption of the SI~n Ordinance. Commissioner Saunders requested that Mr. Baginskt include the pro- posed change as presented by Mr. Davis, to be discussed at the time the amendments are presented to the Commission. Commissioner Volpe questioned when the proposed amendments will be presented to the Board? Development Services Director Pettrow stated that he has a completed amendment package, with the exception of the proposed change as suggested by Mr. Davis. He informed that he will work with the Customer Service Agent Supervisor during the coming week to incorporate the additional change, advertise the amendments, present to the Collier County Planning Commission, and then present same to the Commission. Mr. Davis advised that at the present time he has 12 sold Jobs Page 33 November 14, 1989 for which he cannot obtain permits because of this discrepancy. Commissioner Saunders stated that the ordinance cannot be changed today, but noted that the Commission can direct Staff to come back with amendments and include Mr. Davis' proposed amendment, as quickly as possible. Commissionor Volpe suggested that Staff revisit the issue of the 4' requirement, work with Mr. Davis and his Association to come up with alternatives and proposals, and bring back to the Board as soon as possible. It m the con~n~ of the Commission tl~mt the direction to Staff, be that ~m ~st~ ~ Co~tsstoner Vol~. ~OL~XON 89-359, ~~ C. PASSI~ ~P~S~ING ~DR[CH Attorney Ka~h~een Passidomo, representing ~oodrich Marina Inc., advised that on April 25, 1989, her client purchased a piece property that was kno~ a. Rose's Boat Norks. She stated ~hat this was ~ operating marina and dock yard, located on Ba~iew Drive, off of Bayshore Drive. Attorney Pa.sidomo exp~ained tha~ when her client contracted to purchase the property, he was Informed by Mr. Rose ~hat all of the property was zoned co~ercia~, but after the c~osing, he discovered that a portion of the property was zoned RSF-4. Mrs. Passidomo .~a~ed that she is requesting that a correc~ion be made to the Rezone Resolution, R-220-C, of 1968. She stated khak 1968, severa~ property o~ers along Ba~iew Drive fi~ed.~everal pet~- ~ions ~o the County, re~esting a change of their properties. She no,ed ~ha~ ~he zoning at that ~ime was residential, and the property o~ers desired ~o have ~heir proper~ies zoned co~ercial. She informed tha~ Frank A~ity, one of ~he petitioners, was ~hen the o~er of the property which was ultima~ely purchased by her client. She indicated that Mr. Ami~'s petition contained a legal description his property, ~d ~hat same legal description was used when he deeded Page 34 November 14, 1989 the property to Mr. Elton Townsend, when Mr. Elton Townsend deeded it to Mr. Rose, and when Mr. Rose deeded it to her client. Attorney Passldomo advised that the County attempted to con- solidate all of the petitions into one, and all of the petitions reflected a portion of Lot 42, Naples Grove and Truck Co. Little Farms. Mr. William Johnson, of W. J. Johnson & Associates, stated that normally, a platted lot has a boundary that ts coincident with the boundary of a right-of-way, but in this case Lot 42 has an east boun- dary that is coincident with the center line. He indicated that he believes that the sum of the frontages were taken, and were inadver- tently offset and described from the boundary of Lot 42, overlooking the fact that an additional 50' had to be added tn to make that correction. He advised that this is exactly what the offset is in the District boundary. Planning Services Manager Baginski explained that it is impossible to determine what happened a number of years ago, but noted that the information as provided by Mrs. Passidomo appears to be a good argu- ment that this could have happened. Commissioner Hasse questioned whether the property had been sur- veyed, and if so, was the 50' reflected on the west side? Mr. Johnson advised that the boundary survey did not address zoning, noting that it was at a later time that the discrepancy with the zoning came to the surface. Co~issioner Saunders stated that he believes that this is a scri- vener', error, and it should be corrected. ~ssioner Shanahan ~oved, seconded by Cow~issioner Saunders and carried u~ni~ou~l¥, that & Scrivener's error has occurre~t, and the 50' strip should ~ been and is commercial, and that Re~olutton Page 35 November 14, 1989 CJLRN~VLL FEI~IT 89-8 RE PETITION C-89-?, REV. I$llt BIROLLO, S.C., OF OUR LLDY OF GUJLDALUPE CATHOLIC CHURCH, REQUESTING A PER~IT TO CONDUCT & CLR]~V&L ON CHURC~ GROUNDS IN I)~K~KALEE ON NOVE)tBER 22 - 26, 1989 - Coe~t~iontr Goodnight loved, seconded b~ Coet..ioner ShJ~ll~n Ind c~rriedun~.a~ly, to approve Carnival Per. it 89-8, for Our Lady of GuldLl~pe Calholic Church, for their ~nra~l carnival to be beld ~ 22nd ~ ~ovwlber 26, 1989. Page 36 November 14, 1989 EMeRGeNCY D~CL3.RED; ORDIRANC~ ~9-B0 AND RESO~UT~OR Assistant Utilities Administrator Bloetscher stated that last week a letter was received from Marco I~land Ut~litiee, citing water problem~ on Marco Island, and requested relief from the Co~ssion. Mr. Bloetscher stated that the proposed ordinance t~ basically the same as ~he County's current ordinance which conforms wi~h the South Florida Water Management D/strict. He advised that the proposed resolution, will bring the restrictions into effect. ~1~ 4/0 (C~t~toner ~l~t ~t Mr. Dave Denny, General Manager of Marco Island U~ilttles, informed that the utility has been experiencing a very high demand on their wa~er system. He advised that they have already passed the peak of last year during the height of the season. He noted that last Friday, on November ~0, 1989, 7,800,000 gallons were pumped. He $~aTed that ~he demand that is put on the rock pit increases the chloride level, which ts a concern to all. Co~tssioner Volpe questioned what ts attributed to the increased demand? Mr. Denny replied from ~rrtgatlon and the populatlon. Co~tsstoner Shanahan noted that part of the increase is most likely due to ~he fac~ that there was not any significant amount of rain tn September or October, and the people are returnlng to the Island earlier, and tn greater quantities. He stated tha~ his concern Is whether everything ts being done to provide ads,ate water. He indicated that a revlston tn ~he hours of irrigation As suggested rather th~ from 4 A.M. until 8 A.M. to 10:00 P.M. until 2:00 A.M., ~d from 2:00 A.M. un~tl 6:00 A.M. in three zones, twice a week. He advised that he has spoken to Sheriff Hunter, and he work out an enforcement plan that serves notice and then fane to any Page 37 November 14, 1989 violators. He indicated that citizens are being asked to report alleged violations, and Deltona/Topeka is urged to look at monthly bills for unusual consumption. Commissioner Volpe stated that he agrees with what is being pro- posed for Marco Island, but he is suggesting that Staff look at other areas within the County to see if an emergency exists In other com- munities, and take appropriate action of same. Commissioner Shanahan called attention to the letter from the Marco Island Civic Association, Inc., supporting the position, and noted that they feel that the revision in the hours of irrigation is no guarantee that greater pressure will be provided. Mrs. Westman stated that she attended MICA's meeting last week, and heard of Topeka's plans for the future water system. She advised that she has been experiencing continual pressure problems. She indi- cated that the highrises have boosters, and some homes have boosters to obtain better pressure. She said that she believes that the system leaks, noting that the water from the main sources is not getting to where it is supposed to be since it dissipates along the way. She suggested that the people with new homes and new lawns not be per- mitted to water at any time they wish for 30 days. She indicated that she has good faith in Topeka. With regard to Mrs. Westman's concern relating to leaks in the system, Mr. Denny stated that unaccounted water year to date is approximately 5.9%, and noted that anything under 10% is excellent. Commissioner Shanahan stated that he suggests that the emergency demands an investigation of all of the possibilities of supply, pro- riding greater pressure, finding alternate sources, if available, and to develop additional supply since the supply will suffer during the coming months. County Manager Dorrtll stated that Commissioner Shanahan requested that he create an anonymous hotltne that people could call and report violations, and to limit the use of water on County-owned and main- Page 38 November 14, 1989 rained facilities on the Island, and to consider the use of Code Enforcement 0fftcers to supplement the Sheriff's enforcement. Ne noted that he will be evaluating and recommending these matters to the Commission, tn accordance with Commissioner Shanahan's request. There were no other speakers. Commissioner Shanahan moved, seconded by Cow~tsstoner Saundsrs and carried unani~ousl¥, to close the public he·ring. County Attorney Cuyler outlined the steps of action that the Commission needs to take. He noted that Page 2 of the Emergency Ord!nance lists Landscape Irrigation In Phase I, Phase II, Phase III, and Phase IV, and there is a Variance Procedure In Section Three. He informed that this has been set up for the Commission to consider the enactment of the Emergency Ordinance, and a Declaration that Phase II be declared in effect. He stated that the Resolution is pursuant to Section Three of the Ordinance, and the purpose ts to declare and approve a variance from the Phase II regulations which are set out tn the ordinance, and to have the regulations tn accordance with Page 2 of 2 of Attachment "A". Co~iulonsr Shana/lan ~ovsd, seconded by Co.,~tmetoner Goodntght and carried unanimously, that the Ordinance as numbered and titled below be adopted ~nd entered Into Ordinance Book 3?: ORDINANCE 89-80 AN EMERGENCY ORDINANCE ESTABLISHING REGULATIONS GOVERNING THE USE OF THE MARCO ISLAND WATER SYSTEM FOR LAWN SPRINKLING UNDER EMERGENCY CONDITIONS, ON MARCO ISLAND; AUTHORIZING THE COUNTY MANAGER TO ~MPLEMENT SAID REGULATIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR BOARD APPROVAL; PROVIDING FOR APPROVAL TO RESCIND SAID REGULATIONS; PROVIDING FOR A VARIANCE PROCEDURE; PROVIDING FOR CONFLICT AND SEVERABILITY; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. Cosmm/s·ioner Shanmhan ~oved, seconded by Commissioner ~odntght mx~S married unants~onsly, to declare · Phase II Restriction perlc~ on P.~rc-~ Island. Co~iasioner Shanahan ~oved, seconded by Cow-isstoner Hesse and carried unanimously, to adopt Resolution 89-360, approving and ~nttn~·vartance to Pm· II water restrictions governing the use of 1~ 39 November 24, 1989 potable w~ter f~ lawn ~prinkling on Marco Island. It was the consensus of the Commission that Staff look at the entire County to determine whether some type of variance procedure may be in order, similar to what has been considered to be appropriate for Marco Xsland, and report back to the Board tn two weeks. Page 40 November 14, ~989 Clark Kraft replaced D~puty Clerk Hoff~an RESOLUTIO~ 89-361 APPROVING AND ENDORSING THE INTERLOCAL AGREEMENT B~ ~'~ CITY OF NAPLES AND COLLIER COUNTY FORMING THE BAY I~KNAG~,~I' OR~KNIZATION FOR THE HAINTENANCE, REHABiLITATiON AND RESTORATION OF ~_PLKS BAY - ADOPTED Znvtronmental Services Administrator Lorenz advised that Staff ts requesting that the Board of County Commissioners adopt a resolution approving and endorsing an Interlocal Agreement between the City of Naples and Collier County to establish a Bay Management Organization (BMO). He stated that on May 30, 1989 the Board of County Commissioners adopted a resolution approving and endorsing the concept of a bay management organization, and directed Staff to coordinate with the Naples Bay Task Force and The City of Naples to establish that organization. He noted that the Interlocal Agreement specifies that the BMO be composed of 3 members each from The Naples City Council and 3 members from the Board of County Commissioners. He explained that the administrative costs, estimated to be $50,000, will be shared actually by Collier County and The City of Naples, $25,000 each. He reported that the BMO will also include a single standing committee for representatives from Collier County and The City of Naples and other organizations. He advised that Staff requests appro- val of the resolution giving the Chairman authority to sign the Interlocal Agreement. In response to Commissioner Volpe, Finance Director Yonkosky stated that the $25,000 administrative cost has not been budgeted, but would come from reserve contingencies. ~~io~er Volpe moved, meconded by Co~imsioner Shanahan ~ carried n~ani~ously, that Resolution 89-361 approving and ~ndoraing the Interlocal ~t between The City of Naples and Collier County for the formation of the Bay Mana~t Or~lntzatton, be ~pted. Pag~ 41 Nov~nb~r 14, &Glt~[~Ff ~Ilql COASTAL ENGI~ERING CONSULTANTS, INC. PROVIDING ~R ~ ~ D~-WION OF I~ST ~OVI$ION ~asstoner Shanahan ~oved, seconded by Comtsstoner Goodnlght ~d c~l-ri~d~m~nis~sl¥, tlat th~ Igre~nt with Coastal ~ngineertng Consmlt~nts, Inc. for engineering services on the P~rco Island B~&¢h lte~tor~tlon Project be approved. County Attorney Cuyler stated that an interest provision tn the lgr¢~ement is being removed. Page 42 November 14, 1989 AGRE~I~rf ~S~ COASTAL ENOI~ERING CONSULTANTS, INC. PROVIDING FROF~$$IOHAL SERVICES FOR THE COLLIER COUNTY BEACH NOURISHMENT PROGRA~ - APPROVED ~UBJ~CT TO DELETION OF INTEREST PROVISION Commi~sioner Volpe questioned the funding mechanism for this par- ticular contract? Technical Services Supervisor Huber advised that in order to receive the grant of $225,000, the subject of Item 9H2, the County must enter into a contract with DNR, and the $100,000 balance is ~ubJect to the Interlocal Agreement with The City of Naples. County Manager Dorrill reported that he met with the City Manager, and a ch~tnge in the wording relating to the City of Naples' right to approv~ change orders, has been agreed upon. He noted that parking meter receipts and court fines are running 2§~ ahead of the revenues collected last year, and Collier County did not have to make its second payment into that fund. Ne advised that he has asked the City Manager for an accounting of the City of Naples Beach Maintenance Parking Fund, and if that accounting shows the revenue to be as far ahead as last year, he will recommend that the city Beach Maintenance Parking Fund be the source of city revenue, because it is made up of beach parking f,~es and associated parking fines. In response to Commissioner Volpe, Mr. Huber explained that $300,000 is for services received and will be for the contract relating to the performance of the environmental and sand source study required by the State. He pointed out that $225,000 is 75~ of the $300,000 and the local sponsor has to come up with the match of $75,000. He noted that $100,000 will come from the Interlocal Agreement. ~ ¢~ZTt~ ll~an~oxl~ly, that the contract with Coutal Engineering Conm~/t~ntm, Inc. providing profmmeiona~ engineering mervicem fo= the Collier C~u~ty Beach N~urish~ent Pro~ra~ be a~rproved. Mr. Huber advised that the agreement is subject to deletion of the interest clause. () f)113 Page 43 November 14, 1989 Itm#12 ~ NXTH THK FLORIDA DEPARTMNNT OF NATURAL R~SOURCKS FOR OF TR~ COLLIER COUNTY KNVIRONMKNTAL AND SAND SOURCE STUDY ~aetoner Goo~niilht moved, eeconded by Coutsetoner S~ · 1~ c~rled ~n~ntml¥, t~t the i~e~t with the Flort~ ~~t of Nat=al Res=cea for ~rfo~ce of the Collier ~l~tal ~d S~ S~ce st~ ~ a~r~ed. November :14, 1989 lt~ DISCUSSION I~GARDING TH~ P~LICAN BAY IMPROV~I~]~ DISTRICT D .~a~3&TION - NO &CTION Assistant County Manager McLemore advised that per the Board of County Commissioners' direction, Staff has prepared a resolution which would affect the agreement between Pelican Bay and Collier County relative to the PBID succession issue. He noted that Staff has tried to communicate with Senator Dudley's office at least § times to acqattre some acknowledgment that he ts tn agreement with the County's proposal and will not introduce legislation amending the current legislation. He stated that at this point tn time he had not spoken with Senator Dudley, but that he had talked with his aide on two occa- sions. He explained that the resolution prepared by Staff ls con- tingent upon acknowledgment by Senator Dudley and a dilemma exists relative to the action Staff plans to take today. He pointed out that the County has a firm acknowledgment from Representative Mary Ellen Hawkins endorsing the action taken, and she is pleased with the attempts to wo''~ this out at a local level. He stated that Staff needs some direction from the Board of County Commissioners and coun- sel as to how to proceed. A discussion followed about contacting Senator Dudley. Mr. Russ Mudge, Pelican Bay, advised that Jim Ward, Assistant Distrlct Manager, PBID, is meeting with Mr. Dorr~ll and their attor- ney, Mr. McMackin is on his way. He stated that letters were sent to both Senator Dudley and Representative Hawkins, and the resolution of PBID has been g~ven to the Collier County Utilities Group. He indicated that PBID has done everything that they sa~d that they would do at last Tuesday's meeting. He noted that after PBID's attorney has had a chance to study the resolution, there are some suggested changes. He explained that the County should be in a position to move ahead, after Attorney McMackin has arrived to'be apprised of the results of Jim Ward's discussion with Mr. Dorrill. Comm~ssioner Saunders emphasized Page 45 November 14, 1989 that ,'he concern of the Board of County Commissioners is that Senator Dudley and Representative Hawkins do not submit special legislation. Mr. Mudge stated that PBID has agreed to that. Commissioner Saunders stated that, as far as he is concerned, the Board of County Commissioners has an agreement with PBID. Mr. Mudge indicated that PBID will live up to their part of the agreement. Co~s~intonsr Sau~dsrs stated that this itsa needs no for~l Charlotte Westman, League of Women Voters, stated that she had a copy of the draft of the resolution and drew attention to Page 2 at the bottom where it indicates that the Collier County Managerts Office has received an acknowledgment prior to this resolution being passed from Senator Fred Dudley and State Representative Mary Ellen Hawkins. She questioned that the resolution states the County has received acknowledgment from Senator Dudley? Commissioner Saunders replied that there is a communication problem that can be resolved. He advised that ~.' . McLemore will be in touch with Senator Dudley and can relay that the PBID Board representative has Indicated their desire that he not proceed with the legislation. s In response to Mr. Dorrtll, Commissioner Saunders suggested that a copy of the Resolution and letter be faxed and/or Federal Expressed to Senator Dudley and Representative Mary Ellen Hawkins. s Discussed after the Consent Agenda approval. Page 46 November 14, 1989 ~t~~ ~R~TIO~ l~ Tl~ ~OARD O~ ~0~ O~IO~ ~DI~O I~ O~IO~ ~ ~ L~ O~ION X~S~U~ S~ZS T~ XN COLLX~ CO~ O~ Co~tssioner Saunders advised that ~his Is an issue of whether or no~ ~he ~h cen~ loca~ option sales tax should be p~aced on ~he ba~ot on Februar~ 6, 1990, and ~s not an ~ssue of whether or not ~t should be placed on the ballot at some future t~me. He stated that the Board of County Commissioners does not have to take any formal ac~lon. It was the consensus of the Board of County Co~tss~oners that no action be taken. Itmlll Commissioner Goodnight moved, seconded by Commissioner Hasse and carried unanimonsly, that Budget Amendments 90-26 through 90-31, be adopted. Item #12A COU]~l~ &TTOI~'$ ANNUAL INCREASE - ?.5~ APPROVED County Attorney Cuyler advised that he is requesting an annual increase of ?.§~. Co~tuloner Goodnight ~d, ~econded by Conilsioner and =arrted~ly, that Count~, Attorney ~ler's ml ~1~ ~~ ~ ~ ~ I~KE ~FILL TIPPING Commissioner Goodnight advised that permission had not been given for the landfill to be used at a community cleanup. She explained that this is a cleanup of the rights-of-ways by high school students and different organizations. She suggested that only those vehicles allocated to haul the garbage be allowed to use the County dump at no charge. Page 47 November 14, 1989 Co~imaloner Goodnight moved, seconded by Couteatoner Shanahan and carried unanimously, that the Immokalee Landfill tipping fees for the special co~mrunity cleanup drive the weekend of November 18 & 19, 1989 be waived and only those vehicles allocated to haul the garba~ie be allo~eed to uae the County dump at no charge. Coniealoner Goodnight moved, ascended b~ Co~mieeioner Haaae and carried una~imoual¥, that the following iteu under the Conaent Agenda be approved and/or adopted: Item ,14A1 RESOLUTION 89-362 DESIGNATING JOHN R. CONTI, THOMAS F. BARTOE, ANTHONY B. SILVIA, ROBERT C. THURSTON, WILLIAM EATON, WILLIAM BOLGER, WILLIAM B. SMITH, JR. AND RICHARD R. CLARK AS CERTIFIED ZONING INVESTIGATORS IN ACCORDANCE WITH ORDINANCE ACCEPTANCE OF PERFORMANCE BOND IN THE AMOUNT OF $16,573.00 AS SECURITY TO GUARAIITEE COMPLETION OF THE TURN LANE IMPROVEMENTS FOR SDP NO. 89-27 'FAITH LU~TIERAN CHURCH" ItII ,14B1 RESOLUTION 89-363 CONFIRMING AND APPROVING THE ASSESSMENT OF ATTORNEY'S FEES IN THE S.R. 951 CIRCUIT COURT CASES INVOLVING PARCELS 108, 110, 111, 118, 122, 123, 124, 136 AND 137 (RICHARD SIGLER - HAROLD E. Kt!ANTZ) Item ,14B2 ACCEPTANCE OF COMPLETED CONSTRUCTION OF PHASE I OF LELY BAREFOOT BEACH PARK IMPROVEMENTS AS COMPLETED BY BETTER ROADS, INC. UNDER BID · 88-1345 AND TO AUTHORIZE RELEASE OF FINAL PAYMENT IN AMOUNT OF $310,703.60. ItII ,14C1 APPROVAL OF GRANT CONTRACT WITH THE AREA AGENCY ON AGING, BUDGET FOR EXPENDITURE OF SAID FUNDS AND VENDOR CONTRACT FOR ALZHEIMER~S DISEASE INITIATIVE GRANT PROGRAM IN THE AMOUNT OF $20,750.00 WITH SOUTHWEST CENTER FOR INDEPENDENT LIVING t INC. ItII ,14D1 RESOLUTION 89-364 ENCOURAGING THE SHERIFF OF COLLIER COUNTY TO INCREASE ENFORCEMENT OF WATER RESTRICTIONS Page 48 November 14, 1989 It~ #14D2 PROF~SSIONAL HYDROGEOLOGICAL FEES FOR ADMINISTRATIVE REARING PROCESS RELATIVE TO GOLDEN GATE WELLYIELD PERMITS WITH MISSIMER & ASSOCIATES, IRC. IN AN AMOUNT NOT TO FICEED $10f000.00 Item #14E1 R~SOLUTION 89-365 AMENDING SECTION ?-? PERSONNEL RULES AND REGULATIONS Item #14E2 RESOLUTION 89-368 ESTABLISHING THE PROJECT MANAGER AND SENIOR PROJECT MANAgeR POSITION TITLES Item ,14E3 APPROVAL AND EXECUTION OF A LIMITED USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY AND THE GOLDEN GATE ROTARY CLUB APPROVING THE USE OF COUN~ PROPERTY FOR CHRISTMAS TREE SALES APPROVAL AND EXECUTION OF A LIMITED USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY AND CORVETTES OF NAPLES, INC., PROVIDING FOR USE OF A PORTION OF IMMOKALEE AIRPORT ON NOVEMBER 19, 1989 FOR A RALLY Item #14F1 APPROVAL OF BLANKET PURCHASE ORDER WITH FLORIDA AUTOMATED ENERGY SY~T~M~, IN AN AMOUI~T NOT TO EXCEED $14,000.00 FOR THE PURCHASE OF ~ BY EME~GENC~ MEDICAL SERVICES Item #14G1 EXTENSION OF AGREEMENT WITH SEA CON INDUSTRIES, INC. - CONTINUED TO ~1/21/89 Item #1411 RESOLUTION 89-367 RE-APPOINTING JOHN T. CONROY & EUGENE BRISSON TO THE HOUSING FINANCE AUTHORITY Item #1412 See Page ~_~ a-- ~e / RESOLUTION 89-368 APPOINTING MARGARET A. MORGAN AS REPRESKNTATIVE FROM THE MARCO ISLAND WOMEN'S CLUB TO MARCO ISLAND BEAUTIFICATION ADVISORY CO~ITTEE It~#1413 Page 49 Novel'blr 14, 1989 RESOLUTION 89-369 KE-APPOINTIN0 MRS. ZAN MAYO OLODICH, EGON HILL, EDWARD J. OATES, REV. CLAYTON HODGE AND DENISE COLEMAN TO THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT CITIZENS ADVISORY TASK FORCE FOR A PERIOD OF NINETY DAYS See Ztem #1431 CERTIFICATES FOR CORRECTION AS PRESENTED BY THE PROPERTY APFRAISER~$ 0F~Ic~ 246, 246, 249 001-009 1988 TAX ROLL 1989 ~AX ROLL 10/30 - 20/31/89 10/25 - 10/31/89 ~989 TANGIBLE PKRSONAL PROPERTY 1989-26, 26, 27 10/25/89 1989-38, 39, 40 11/2 - 11/6/89 Item #1432 EXTRA GAIN TIME FOR INMATES NOS. 48465, 60965, 53984, 58479, 50475, 8950 60620 41078 61863 22003 AND 51653 Item #14J3 SATISFACTION OY LIENS FOR SERVICES OF THE PUBLIC DEFENDERS Item ,14J See Pages ~~7' MISCELLANEOUS CORRESPONDENCE - FILED OR REFERRED The following miscellaneous correspondence was fi/ed and/or referred to the various departments as indicated below: Memorandum dated 10/18/89 to Board of County Commissioners from James C. Giles, Clerk of Circuit Court, enclosing Statement of Revenue, Expenditures, and Changes in Fund Balances, Budget and Actual, advising that his office has remitted for deposit to the Board's General Fund a check in amount of $371,946.31. xc: BCC, Netl Dorrill, Bill Lorenz, and filed. Copy of letter dated 10/31/89 to Collier County Department of Transportation, cio George Archibald, P.E., from Mr. John M. Bossart, Environmental Administrator, Wetland Resource Regulation, DER, re: response to pre-application meeting held in regard to discussion of Wetland Resource permitting issues for the proposed North Naples MSTU Roadway. xc: Neil Dorrlll, Frank Brutt and filed. Letter dated 10/30/89 faxed to Hon. Burr L. Saunders, from Tom Gardner, Executive Director, DNR, inviting Commissioners and County Staff to attend a meeting in Tallahassee to clarify recent cabinet directives regarding Manatee protection, xc: BCC, Neil Dorrill, Bill Lorenz and filed. 4. Copy of Letter dated 10/31/89 to Mr. and ~:rs. Charles Fortgang, from ~irby B. Green, III, Director, Division of $mache~ and Page 50 November 14, 1989 Shores, DNR, re: Exemption Status of the Single-Family Dwelling and Swimming Pool, City of Naples Building Permit No. 1444 (for Dwelling only) DNR File No. EXM C0-0014. xc: Nell Dorrill, Bill Lorenz, Frank Bruit, and filed. Copy of letter dated 10/31/89 to Kurtz Homes, Inc. from Kirby B. Green, III, Director, Division of Beaches and Shores, DNR, re: Exemption Status of the Ligrestt $~ngle-Family Dwelling, DNR File No. EXM C0-003, City of Naples Building Permit No. 1443. xc: Nell Dorrill, Bill Lorenz, Frank Bruit and filed. Letter dated 11/3/89 to Hon. Arnold Lee Glass, former BCC Chairman, from Gerald G. Lott, P.E., District Traffic Operations Engineer, FDOT, Re: Notification of Changes in Traffic Regulations. xc: Nell Dorrtll, George Archibald and filed. Minutes: 11/07/89 Agenda for Marco Island Beautification Advisory Committee Bo 10/02/89 Collier County 4-H Foundation Minutes. 10/19/89 Minutes of Collier County Fire Consolidation Study Groups, 11/16/89 and 11/2/89 Agenda. 09/29/89 Minutes of Golden Gate Estates Citizens Advisory Committee. Notice to O%~er dated 11/03/89 from Hughes Supply, Inc. under order given by Dan's Plumbing, Inc. advising they have furnished services and or materials for improvement of Health and Public Services B.~lding. xc: Neil Dorrill, Skip Camp, and filed. Letter dated 11/1/89 to Commissioner Max A. Hasse, Commissioner Burr L. Saunders, Commissioner Richard Shanahan from Senator Fred R. Dudley, re: County Dispute with Pelican Bay Improvement District. xc: Mark Lawson, and filed. Letter dated 10/31/89 to Commissioner Burr Saunders from Sheriff Don Hunter, enclosing Collier County Sheriff's Office Check #8909466 in the amount of $189,062.84 resulting from cost savings. xc: Netl Dorrtll, Joe Narren (original), Mike McNees and filed. 10. Letter dated 11/03/89 to Board of County Commissioners from Steve Lamb, Director, Water Use Division, Resource Control Department, SFWMD, re: Renewal of Water Use Permit No. 11-00333-W. xc: Neil Dorrill, Mike Arnold, John Boldt and filed. 11. Order dated 10/31/89, Supreme Court of Florida, Tenth Judicial Circuit, re: Prosecution of Criminal Appeals by Th~ Tenth Judicial Circuit Public Defender. Case No. ?4,580. Filed. 12. Order dated 10/26/89, Circuit Court of Twentieth Judicial Circuit Order in and and for Collier County Florida, Civil Division in re: Civil Non-Jury Trials for the two-week trial period commencing November 28, 1989. xc: Hugh D. Hayes, Circuit Court, Ken Cuyler, and filed. 13. Letter received 11/03/89 from the United States Department of Commerce, Bureau of the Census, enclosing a Pre-census Local Review Listing from Director, Atlanta Regional Census Center Bureau of Census. xc: Tom McDaniel, and fi/ed. ?age 51 November 14, 1989 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 1:35 p.m. ATTEST: JAMES C. GILES, CLERK · ~.~ .' ' Th~se minutes approved by the Board on ,,. ~ .. ,ms,.:i..$resent~d or as corrected BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN Page 52