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BCC Minutes 09/12/1989 R Naples, Fl~rida, September 12, 1989 LET IT BE REMEMBERED, that the Board of County Commissioners in ~,d 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 SESSIO. in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burt L. Saunders VICE-CHAIRMAN: Max A. Hasse, Jr. Richard S. Shanahan Michael 3. Volpe Anne Goodnight ALSO PRESENT: James C. Giles, Clerk: 30hn Yonkosky, Finance Director; M~ureen Kenyon, Ellie 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 Att~rney: Mike Arnold, Utilitie~ Administrator; William Lorenz, Envj~onm~ntal Services Adminis~~ator; David Weeks, Planner; Kevin O'Donnell, Public Services Administrator; George Archibald, Transportation Services Administrator; Ken Baginski, Planning Services Manager; Frank Brutt, Community Development Administrator; Philli~ Scheff and Bob Blanchard, Planners; Sue Filson, Administrative Assistant to the Board; and Deputy Sam Bass, Sheriff's Office. --",.. SEPTEMBER 12, 1989 Tape 11 It.. 13 AGENDA - APPROVED WITH r~ANGES Co..i..ioner Shanahan aoved, .econded by Commi..ioner Goodnight an~ carried unanimously, that the agenda be approved with the following change.: 1. Item 5A Added - proclamation designating September 16, 1989 as Collier County Estuary Day and September 23, 1989, as Beach Cle"inup Day. 2 . Item 9Hl Added - Discussion regarding budget public hearing scheduled for September 13, 1989 - Relocation. 3. Item 12B Added - Resolution authorizing Department of Health and Rehabilitative Services to issue licenses for small home child care providers. 4. Item 4 Deleted - Minutes of August 15, 1989, have already been approved and accepted. 5. Item 6Bl moved to Item 6C2, Petition AV-89-014, Ede Mannik, Leopold and Raissa Haus, requesting vacation of side and rear drainage and utility easement on Lots 1-5, and Lake 3, Southwind Estates so petitioner can build across easements. 6. Item 14A3 moved to Item 9A2 - recommendation that the Board of County Commissioners adopt a resolution amending the boundary of the enterprise zene. 7. Item 14E3 moved to Item 9El re resolution for a drug free workplace. Comm.: ssioner SaundE'rs stated that with regards to relocating the budget public hearing, the location has been advertised and it would be inappropriate to change the location. Commissioner Shanahan stated that it has been indicated that there will be approximately 600 people in attendance and it would make a number of people unhappy if there is not room. He stated that he does not feel that anyone would be upset if the date and the location was changed. Commissioner Saunders stated that this can be added to the agenda but the County Attorney will havf! to check into the matter before the item is discussed. County Manager Dorrill ßtated that after this agenda was finalized there was a discussion at the Commissioners budget workshop to direct the Sheriff and the County Manager to propose some budget cuts, adding Page 2 OOf)30 ,.,..."_...,, .".-.- SEPTEMBER 12, 1989 that the minutes of that meeting have not been prepared but it being checked into at this point to determine if that meeting was officially continued or adjourned. He noted that he would report the status on this matter as soon as possible as to whether there te to be a budget workshop this date or not. Item ,4A & B MINUTES OF AUGUST 1~, 1989 MEETING DELETED AS THEY ~ PREVIOUSLY APPRO%'ED; MINUTES OF AUGUST 22, 1989, MEETING APPRO%'ED AS AND MINUTES OF AUGUST 8, 1989~ MEETING CONTINUED TO SZPTEMBER 19~ 1989 Conissioner Shanahan moved, seconded by Commissioner N&sse ~nd carried unanimously, that the minutes of August 15, 1989, Resting be deleted as they were previously approved; that the minutss of August 22, 1989, meeting be approved as presented; and that the minutes of August 8, 1989, meeting be continued to September 9, 1989. Commissioner Volpe stated that there was a change In the August 8, 1989, meeting and he would like this matter continued so that he can be sure that the minutes accurately reflect the change. Item PROCLAMATION DESIGNATING SEPTEMBER 16, 1989 AS COLLIER COUNTY ESTUARY DAY AND SEP'~EMBER 23r 1989 AS BEACH CLEANUP DAY - ADOPTED Upon reading of the proclamation, Commissioner Shaman Roved, seconded by Conissioner Hasse and carried unanimously, that the procla~ation designating September 16, 1989, as Collier County Eatu~ Day and SepteRber 23, 1989, as Beach Cleanup Day be adopted. Dr. Chris Tempke thanked everyone for their efforts tn this matter and Invited everyone to come to Rookery Bay for Collier County Estuary Day. He indicated that there will be a number of activities Including boat rides, canoe trips, slide programs and refreshments. He also invited everyone to attend the beach cleanup day on September 1989, which will be on Naples beaches and also at Rookery Bay which being coordinated through the Conservancy. Page 3 Item #6B3 O~DIff~CE 69-62 RE PETITION R-BS-4, ROBERT DH~ OF HOLE, MOlterS ~ ASflOCIATES REPRESENTING LAURENCE MULLINS REQUESTING A REZORE FROM A-2 TO PUD FOR PROPERTY AT THE NORTHEAST CORNER OF DAVIS BLVD. AND SANTA BARBARA BLVD. TO BE KNOWN AS SHOPPES AT SANTA BARBARA - ADOPTED SUBJECT TO PETITIONER'S AGREEMENT, THE PROJECT REVIEW SERVICES MEMO DATED 5/15/89, AND FOUR ADDITIONAL STIPULATIONS Legal notice having been published in the Naples Daily News on August 23, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-89-4 filed by Robert Duane of Hole, Montes and Associates, representing Laurence Mullins requesting a rezone from A-2 to PUD for property at the northeast corner of Davis Blvd. and Santa Barbara Blvd. tn Section 4, Township §0 South, Range 26 East, to be known as Shoppes at Santa Barbara and consisting of 18.! acres. Planner Weeks stated that the objective of this petition is to rezone the subject property from A-2 to PUD for Shoppes at Santa Barbara to allow for the site development of a shopping center and other uses allowed in the C-4 zoning district. He stated that the subject property is located at the northeast corner of Santa Barbara Blvd. and Davis Blvd., no~'ing that the site contains approximately 18 acres but 2 acres of the site will be donated to the County and the State for right-of-way. He stated that property to the north is zoned A-2 and contains orange groves; to the east and south across Davis Blvd. are zoned A-2 and contain undeveloped pine flatwoods; to the west across Santa Barbara Blvd. ~s Berskhire Lakes DRI; and at the corner of Santa Barbara Blvd. and Davis Blvd. is an 8 acre tract that ts permitted to be developed with commercial uses comparable to the C-4 zoning district. He indicated that the remaining area that ts across the street from the subject property ts developed with a golf course facility and multi-family residences. He indicated that southwest of the site ts the Falling Waters PUD. He stated that to the southeast of the property a provisional use was approved fo~ a pet cemetery, and there is an existing church. He indicated that the zoning is moving from Agriculture into the urban zonlng district. He Page 4 SEPTEMBER 12, 1989 indicated that in reviewing this project, Staff has determined that it is consistent with the Growth Management Plan, noting that the subject property is located within an activity center which allows for the more intense land uses, including commercial. He noted that an entirely commercial project is being proposed for this site and that the Comprehensive Plan states that the intent of the activity center Is for mixed use development and Staff's position is that this will be a mixed use development because there is zoning to allow for non-commercial uses. He indicated that adjacent to the subject property to the east, a petition has been submitted which calls for some commercial development on Davis Blvd. with residential develop- ment further to the north. He stated that with regards to the traffic impact, this project will not require any road improvements to be made becauRe even though this project wtll generate traffic that exceeds §~ of the adjacent roadways, the project's traffic will not drop the traffic.below the adopted level of service and, therefore, it does not have a significant impact upon the adjacent roadways. In answer to Commissioner Volpe, Transportation Services Administrator Archibald stated that Davis Blvd. will be four-laned tn this are~ with construct~.n starting approximately in November and completion ]n April of 1990. He stated that the schedule Is approxi- mately two months behind at this time. He noted that this is a Joint County, State, and developer project. Mr. Robert Duane of Hole, Montes & Associates, representing the Petitioner, stated that this is a quality project and it exceeds the requirements of the Comprehensive Plan. He noted that they were requested to dedicate 60 feet of right-of-way for the extension of the canal that is located along Davis Blvd. which they have no problem with at all. He noted that they were also requested to dedicate 40 feet of right-of-way along Santa Barbara Blvd. and they have also agreed to dedicate that for a total of 2.1 acres or approximately 10~ of the area of this project. He noted that this will be a 130,O00 Page 5 SEPTEMBER 12, 1989 square foot neighborhood shopping center, adding that there is one use in the C-§ zoning district that is being requested which is mini ware- houses and storage facilities. He Indicated that he is also requesting what are now provisional uses In the C-4 district which are hotels, child care centers, and car washes, adding that Staff has agreed to all of these as permitted uses In this zoning classification which is why they appear as principle permitted uses in the applica- tion. He stated that the building height Is 60 feet as opposed to a maximum of 100 feet that is allowed. He noted that the setbacks exceed the required setbacks of the C-4 zoning district. He reported that there are two outparcels and there will be three out buildings that are proposed to be less than §,000 square feet. He Indicated that the principle access to and from the center will be from Santa Barbara Blvd. and there is an existing median location, which means that there will be full turning movements. He noted that there will be another right-turn tn entrance on Santa Barbara and one entrance on Davis Blvd. He stated that there will be between 800-900 parking spa- ces, adding that he feels that the layout of the plan w111 be very convenient. He stated that this project is not mixed use tn nature, but it Is the most logical location In the entire activity center for retail use because neighborhood shopping centers typically have a site size between 12 and 16 acres and this site will be 16 acres. He indi- cated that he ts anticipating that this shopping center will generate about 11,000 trips per day, noting that about 5,000 of these will actually be new trips as opposed to those that ar~ proposed to be cap- tured from this project. He stated that if this project were zoned for mu/ti-family or 16 units per acre, it would support about 3~0 dwelling units, noting that this Is not a logical location for multi- family use because each unit generates in the range of 8 to 10 trips a day which would mean between 3,O00-4,000 trips per day. He noted that even though there will be 5,000 trips per day generated from the shopping center it will not be significantly more than the residential Page 6 SEPTEMBER 12, 1989 units because they would spread out during the course of the day. He noted that the environmental impacts of the project are minima/ because the land has already been cleared. He stated that with regards to compatibility, they have worked with the adjoining property owner to the east and he fully supports the project. He stated that the petitioner has complied with the spirit of the Comprehensive Plan and he supports the recommendation of the advi~ory ~oards and the Planning Stoff and is requesting approval. Commissioner Hasse stated that the four-laning of Davis Blvd. is not going to be completed until next year and until that time, this road will not be able to handle this project. He stated that he would think that this project may be complete and impacting Davis Blvd. before it is ready to handle the traffic. Mz. Duane stated that there is a mechanism in the Growth Management Plan that indicates that if the level of this roadway deteriorate~, the petitioner is unable to build the pro]ect. He stated that with regard to the fact that Davl~ Blvd. will be under construction in November, his client may not have any objections to not building the shopping center until that llnk of Davis Blvd. is actually put in place. He noted that building permits could be issued after Davis Blvd. is upgraded from County Barn Road to the intersec- tion of Santa Barbara Blvd. Commissioner Saunders questioned if Attorney Pickworth agrees with Mr. Duane's comment on behalf of his client, to which Mr. Pickworth stated that he would expect to be under construction by next April but not completed, adding that he would probably not be ready for a "CO" prior to completion of the road. Commissioner Shanahan questioned if this developer has contributed anything to the Davis Blvd. road construction, to which Transportation Services Administrator Archibald replied negatively, adding that he will be required to pay impact fees like any other developer. Commissioner Shanahan questioned if the developer would be willing Page 7 SEPTEMBER 12, 1989 to contribute his fair share toward the development of Davis Blvd., to which Mr. P~ckworth stated that he has d~scussed th~s with Mr. Archibald as to how they can arrive at some formula for a fair share contribution and he has outlined a proposal that is similar to what is used in DRI's. He stated that he has no problem in making their fair contr~bution if ~t helps the project along as his client recognizes the value of four-laming Davis Blvd. lie stated that h~s client would like to be able to pull building permits but he would agree that he would not request occupancy prior to the completion of Davis Blvd. Commissioner Saunders stated that there is a new ~mpact fee ordi- nance that will be adopted in the near future and some of those fees will double. He questioned if the new impact fee ordinance w~ll apply to the project, to which Mr. Pickworth stated that the new ordinance will increase the impact fees and when he comes In for building per- mits that new ordinance will apply. Comm~ssioner Saunders questioned if there is any problem w~th two conditions b~tng placed on this project; (l) the new Impact fee les would apply and (2) the fair share contribution for State Road 84 would be worked out with Mr. Archibald based on a formula used for DRI's, to which Mr. Pickw. rth indicated that there is no problem with these conditions. Comm~ssioner Volpe questioned If there ks an anchor tenant, to which Mr. Pickworth indicated that there is not an anchor tenant at the present tlme. Tape #2 Attorney Anthony ~ires, representing Power Corporation, owner and developer of Berkshire Lakes, stated that they have some concerns with regards to the scope and extent of the mitlgattng measures being taken by the petitioner and the property owner wlth regards to trafflc and roadway improvements ]n this area. He stated that there was a 60 foot right-of-way ~hat was acquired from Mr. Stallings in 1985 on the western boundary of this property. He noted that the County acquired Page 8 SEPTEMBER 12, 1989 almost 2,200 feet in length along Santa Barbara Blvd. from Mr. Stallings and paid approximately $41,000 at that time. He stated that thu petitioner proposes to provide an additional 40 feet which will give a total of 100 feet on the east side of Santa Barbara Blvd. to match up with the 100 feet on the west side of Santa Barbara Blvd. that was donated by Power Corporation. He stated that the concern that he has is that the CouDty expended funds of $41,000 and some of thls money ~hould be recouped from this petitioner as part of the application for mitigating the traffic Impact. He indicated that they should pay $20,000 back to the County as compensation, which would be appropriate and should be an additional stipulation for this project consideration. He Indicated that there were also two median openings put in by the County and he feels that it would be appropriate for the petitions= to pay for half of those cuts. He stated that he feels that it ts totally appropriate for the petitioner to pay his fair share In improving Davis Blvd. He noted that according to the Comprehensive Plan, It indicates that this project will have a significant impact on the local roadway network which provides Justification for the fair share contribution to the Davis Blvd. widening. Commissioner Shanahan questioned how much the median openings were, to which Transportation Services Administrator Archibald stated that this project only involves one median opening and the value of that opening Is between $10,000 and $15,000. He noted that the origi- nal purchase of right-of-way along Santa Barbara Blvd. was for 2,100 feet of frontage and cost approximately $41,000 but this project only involves 1,100 feet of that, therefore, approximately $20,000 would be the fair price for this frontage and a fair mitigation value would be $10,O00. In answer to Commtssloner Volpe, Mr. Duane stated that the access to the shopping center will line up with the median opening that is currently existing on Santa Barbara Blvd. Mr. George Keller, President of Collier County Civic Federation, Page 9 SEPTEMBER 12, 1989 stated that this shopping center looks good, but he feels that the County Is going overboard with shopping centers. Commissioner Saunders stated that Mr. Keller has made a good point which prompts him to vote in favor of this petttIor because activity centers have been set aside and this project Is in one of those acti- vity centers, noting that one of the Board's criteria has been to discourage commercial outside of activity centers and by approving this petition, it may discourage the other commercial areas on Davis Blvd. that are not in activity centers from being built. He stated that if this happens, there will be a lot of good that comes from this approval. Com~ieetoner Shanahan moved, seconded by Co-,-tseioner Qoodnight ~nd c~rled unanimously, that the public he,ring be closed. In answer to Commissioner Saunders, Mr. PIckworth indicated that he discussed the fair mitigation factors with Mr. Archibald, noting that his client has no problem with paying his fair share as long as everyone Is treated the same. There was a general discussion regarding the excessive standing water on Davis Blvd. and Transportation Services Administrator Archibal~t stated that ~;tth part of the four-lantng of Davis Blvd. there will be an ultimate outfall. Commissioner Volpe stated that he has concerns with regards to the many uses that are allowed tn a PUD and Planner Weeks stated that a way to resolve this matter would be to list what uses are allowed in the shopping center and then have a second list of free standing uses. Commissioner Volpe suggested that Mr. Weeks look into this matter. Commissioner Shanahan ~oved, seconded by Comlsstonar Hues0 that the Ordinance u nn~bered and titled below be adopted ~nd entered Into Ordtnanca Book No. 36 ~uh]ect to the Petitioner's Agraament ~nd the Pro~ect R~vtew Services Memo dated 5/15/89 as well as the following atlpulmttons: 1. That the Petitioner agrees to pay his impact fees under the new impact fee ordinance 2. That the Petitioner pays his fair share for improving Davis Blvd. Page 10 SEPTEMBER 12, 1989 3. That the Petitioner will pay his share for acquisition of the property and the median cuts along Santa Barbara Blvd. 4. That the Petitioner will not request any CO's until the sec- tion of roadway along Davis Blvd. between County Barn Road and Santa Barbara Blvd. ts completed. Mr. Ptckworth indicated that his client agrees to the above- referenced additional stipulations. ORDINANCE 89-62 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 50-26-2 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT, KNOWN AS THE SHOPPES AT SANTA BARBARA FOR RETAIL COMMERCIAL USES; FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF SANTA BARBARA BOULEVARD AND DAVIS BOULEVARD CONTAINING 18.! ACRES, MORE OR LESS, LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST; AND PROVIDING AN EFFECTIVE DATE. ***** Recess: 10:45 A.M. - Reconvened: 11:00 A.M. at which tim Deputy Clerk Hoff~an replaced Deputy Clerk Item #602 EISOLOTION ~9-223 RE PETITION AV-89-1&, EDE HANNII, LEOPOLD AND ~AISSA HAUS, VACATION OF SIDE AND PEAR DRAINAGE AND ~TILITY EASEMEF~ ON LOTS 1-5 AND LAKE 3, SOUTB]qIND ESTATES - ADOPTED Legal notice having been published tn the Naples Daily News on August 27, and September 3, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider Petition AV-89-14, filed by Ede Manntk, and Leopold and Raises Haus, requesting to vacate side/rear drainage easements and utility easement In order to build across the easements for a proposed Nursing Home. The drainage and utility easements located on the North, East and West side of Lots 1,2,3 and 4; and on the North and West side of Lot 5 and the drainage easement shown as Lake 3, all of the plat thereof, Southwtnds Estates. Transportation Services Administrator Archibald explained that this Item ts a request to vacate the side and rear drainage and uti- lity easements on Lots 1-5 and Lake 3 of the Southwtnds Estates plat. He indicated that the location of the vacation Is on the south side of Inunokalee Road, Immediately opposite the Palm River area. He advised that immediately to the north, between Southwinds Estates and Page SEPTEMBER 12, 1989 Immokalee Road, is an area that has been subject to a PUD approval (Surrey Place), which is a proposed nursing care facility. He stated that as a part of the undertaking of that development, there is a need to vacate certain existing easements, to enable the developer to gain site plan approval and obtain building permits. He reported that the developer is requesting the vacation which ts affecting the drainage system for ~outhwinds Estates, but in fact, all of the drainage will be handled on site and the outfall will be routed through the existing system of Southwinds. Mr. Archibald advised that the purpose of the vacation request ~s so that the developer's site plan can cover the entire area from this deve].~pment, north to Immokalee Road. He stated that Staff has reviewed this proposal, and find it is consistent with the PUD which was approved (Surrey P/ace); Letters of No Objection from the utili- ties have been received, but the County recently received a letter of objection from property owners, noting that there are five single- family lots that are being built upon, to the south of this develop- ment. H~ advised that a ~aJor concern as raised by the property owners is: to assure that any access to and from this development, involving the Joint access or a new street for Southwtnds Estates are undertaken by the developer. He advised that this concern has already been included as a provision tn the developer's site plan and construction p~ans. He noted that the developer is gaining his access from a new street. Mr. Archibald advised that another concern raised by the resi- dents is that the drainage be retained on site, and discharged elsewhere. He noted that the drainage system, as part of the site plan, involves t~ree lakes on the property, but the ultfmate outfall of this project ts consistent wtth the ultimate outfall of those lots as they currently exist. He advised that the design of the storm drain and retention systems indicate that there will not be a drainage constraint, and the majority of the generated runoff will be retained Page 12 SEPTEMBER 12, 1989 on site. In answer to Commissioner Volpe, Mr. Archibald explained that tf the vacations, as requested, are not approved, the developer will be required to make substantial changes to his site plans. He explained that currently, there is parking and some buildings located within the lots where the easements are being vacated. Mr. Jeff Nunner, of Hole, Montes & Associates, Inc., advised that the total amount of acreage at Southwinds was 37 acres, and since Surrey Place was split from Southwinds, Surrey Place encompasses about 10 acres. He confirmed that there are two separate drainage rete~i2ion systems. He indicated that at this time, the undeveloped property to the east is not proposed to be a part of this develop- ment. There were no speakers, either for or against this Petition. Co~isstoner Shanahan moved, seconded by Oouimmloner Ooo~night and carried unanimously, that the public hearing be closed. Commissioner Shanahan questioned whether Lakes 1 and 2 would pre- vent any excessive drainage problems from Lots 18, 19, 11, and 127 Mr. Archibald stated that he does not believe this would be the case, since th~se are extremely large single-family lots. Commissioner Volpe questioned whether the PUD is consistent with the new Comprehensive Plan? Planner Scheff advised that this was approved over a year ago, and was based on the Comprehensive Plan at that time. He stated that the closeness to the subject project and any proposed activity centers in the area will have relevance as to whether it is In compliance with the new Growth Management Plan. With regard to the Lot owners of 18, 19, 11, and 12, Commissioner Shanahan Indicated that they have requested that this vacation be con- ditioned upon receipt of all appropriate development approvals, and be specifically noted as not cause for future vested right claims. Mr. Archibald advised that if it ts the desire of the Commission, this may be part of the motion. He indicated that the lot owners first two Page 13 SEPTEMBER 12, 1989 concerns are addressed as part of Staff's review of the construction plans, and the third concern is addressed by the PUD approval. Co~/ssioner Shanahan ~oved, seconded by Comise~oner Goodn~ght to ~&rfov~ Petition AV-89-014, ~d t~t Resolution 89-223 ~ ~t~ ~b~ect ~o ~ ~ti~latton t~ ~hi~ ~ca~lon ~ conditi~ n~ receipt of all a~ropriate d~elo~nt appr~als, ~d u ~t c~ for fu~e ~sted right clai~. Commissioner Volpe stated that he has a problem with wha~ ts being proposed, noting that there is an approved PUD, and in the Intervening perio.'~ of time, a new Comprehensive Plan has been adopted, and ~he zoning re-evaluation program ts in the process of being developed. He stated that he ts uncomfortable since the subject property is not within an Activity Center, the PUD has been approved, and the vacation ts being requested later. He indicated that he does not feel that he has sufficient facts to support the request. Co~tsstoner Saunders questioned what options are available, since the project was approved a year ago, and before the most recent Comprehensive Plan was adopted? County Attorney Cuyler advised that If the developer requests building permits, and he can meet the requtrem6ats of ~he cur~en~ Growth Management Plan, he will receive his building permits. He noted that with regard to con~rrency, the project must be tn compliance with today's Growth Management Plan. He added that Development Orders that are consistent with current zoning, ~tll continue to be issued, until the amendment ts adopted tn April, 1990. U~ call for the ~stton, t~ ~tton carried 4/1 (C~selo~r Vol~ ~ed). Page 14 SEPTEMBER 12, 1989 It.. nA,l R1S0LOTIOR 8g-22., PETITIOK V-89-13, WILLIAM E. AND MARY ELLER STROBLE, R.E VARIUCE FROM THE REQUIRED REAR YARD SETBACX WOIt nOPERTY LOCATED OK THE SOUTH SIDE OP POREST BILLS BOULEVARD (AD3ACEKT TO THE 1OtST 01' LOT 18, BLOC1t 19. LELY GOLP ESTATES) - ADOPTED Legal notice having been published In the Naples Daily News on August 27, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-89-13, filed by William and Mary Ellen Stroble, requesting a 3 foot, 6 inch varia~lce from the required rear yard setback of 25 feet to 21 feet, 6 inches, in a Residential Single-Family-3 (RSF-3) zone for the property located on the south side of Forest Hills Boulevard (adjacent to the west of Lot 18, Block 19, Lely Golf Estates) in Section 20, Township 50 South, Range 26 East). Planner Scheff explained that this item is a request to allow an existing single-family residence under construction to remain at its present location. He stated that on June 21, 1989, the Petitioner began construction of a single-family home, and the encroachment was discovered during an inspection performed approximately halfway through c~nstruction of ~,~ house. He noted that the Petitioner claims that the encroachment resulted from the architect erroring from the 8urvey plan and producing thlo error on the site plan. He adv hed that a 21-day ~pot survey was not submitted to the County for this project, and completion of the house in its existing location is con- tingent upon obtaining the requested variance. Mr. Scheff reported that the Board of County Commissioners approved a rezoning petition for this property on October 11, 1988, and at that time, the land was rezoned from Golf Course District to the present RSF-3 zoning. He indicated that originally, the site was planned for a playground park, but was rejected by the community and subsequently sold to the petitioner. Mr. Scheff indicated that Project Review Services has no objec- tions to this petition, however, based upon the criteria contained in the Zoning Ordinance, the Planning Staff does not find that a land or Page 15 nnn..- SEPTEMBER 12, 1989 structure related hardship exists, therefore, Staff must recommend denial. He stated that the Collier County Planning Commission (CCPC) held their public hearing on August 17, 1989, and forwarded subject petition to the Board of Zoning Appeals with a recommendation of denial (5/0). He reported that five letters of support for this peti- tion have been received from neighboring property owners, however, at the CCPC hearing, a representative of the Poinsettia Corporation ¡owners of ~he neighboring Hibiscus Golf Club) spoke in opposition to this petition. Commissi~ner Shanahan questioned the extent of construction of the home that has taken place? Mr. Scheff advised that the slab was poured on June 23; and, a tie beam inspection was performed on 3une 29, and at that time, the permittee was advised that a variance was necessary. He explained that there is a 21 day time frame in which the applicant, if he desires to build, he does so at his own risk, and he must sub~it a spot-survey; the time began on June 23, 1989, (the date the slab was poured), and ended on July 14, 1989. Attorney Neil Gregory, representing the Petitioners, displayed as- built drawings of the hou~e, noting that if these are compared to the drawings submitted to the Building Department, there 1s a difference in the su~vey line which converges toward the house. He explained that this is a uniquely shaped lot, and the draftsman's error, resulted in a 3.5 foot encroachment. He advised that the house, as drawn, is too large for the lot. He advised that extensive changes are necessary to correct the problem: two bathrooms are located within the encroached area that would need to be taken out; there is a load bearing wall nhich would have to be removed; and, all the trusses would have to be reset, resulting In an approximate cost of $30,000. Commissioner Hasse questioned whether construction continued after the encroachment was discovered? Attorney Gregory advised that construction was stopped, once notified of the problem. He explained that the requirement to submit the spot survey within the 21 day time Page 16 O(}{).1G -...-"".----.-""'-- SEPTEMBER 12, 1989 frame was not technically complied with, since it was seen as a futile act because of conversations with Staff, and instead, the variance was applied far. Commissioner Volpe asked whether any attempt has been made to purchase additional property from the golf course? Mr. Gregory replied that an attempt has been made to purchase the needed addi- tional property from the owners of the Lely Hibiscus Golf Course, to Hlleviate t:,e problem, but they put a price tag of $75,000 on that stri¡:' of land. Attorney Gregory explained that the shape of the lot is peculiar, and special conditions did hot result from actions of the applicant, but rather from his draftsman. He indicated that the house contains 2,100 SF, noting that this is not a large home for the area, and to correct the problem at this stage, would be economically impossible. He submitt~d photos of the subject lot showing lake front on three sides of thu property, and noted that letters of support have been received from the adjoining property owners, with the exception of the owners of Lely Hibiscus Golf Course. In answer to Commissl?ner Volpe, Mr. Gregory advised that there is animosity between the ?etitioners and the Lely Hibiscus Golf Course, due to a past problem with the pumping of the lake water, thus resulting in the $75,000 figure for the additional land. Commissioner Shanahan questioned whether any effort has been made to settle the animosity between the parties? Mr. Gregory replied affirmatively, adding that his clients have offered to pay Lely Hibiscus for the additional property, based on a $50,000-$60,000 lot price, and computing the needed square footage, but Lely declined the offer, and indicated that they want $75,000 for the additional pro- perty. Six persons in the audience stood up, signifying support of Petition V-S9-13. Mr. Norbert Besenfelder, stated that he lives 6 houses down from Page 11 OOO.I? SEPTEMBER 12, 1989 the subject property. He indicated that Mr. and Mrs. Stroble had pnrchased an unsitely lot in the past and did a fine job of improving and landscaping that lot. He explained that they have recently purchased the lot in question, noting that the improvements in landscaping that will be made will be an asset to the area. He requested that the Commission approve the requested variance. Mr. William Bishop, greens superintendent at Lely Hibiscus, advised that the Poinsettia Corporation is objecting to the requested variance. He advised that he does not believe that there is any earth belonging to Poinsettia Corporation remaining in the subject area since heavy rains have wash~d it out. He noted that there is a 42' deep well across from the subject area, and pumping did take place with a gasoline pump, at 2,500 gallons per hour. He stated that the pump was noisy, and the Stroble's called the Health Department, and pumping was ceased. He indicated that the $75,000 figure was arrived at, from the standpoint of the cost of chemicals and lack of water during the dry season. He advised that there are wires for the electricity for irrigation th~t run through the subject property. Mr. '~yne Tacker, o~ ~14 Forest Hills Blvd., stated that he does not understand why ther~ has to be any animosity between the parties, and suggested that a good neighbor policy be practiced. Commissioner Hasse questioned whether the wiring for the electri- cal that runs through the property will be ca'. ~g a problem for the Stroble's? Mr. William Stroble stated that the wiring will create a problem if he decides to have a pool constructed. He explained that in May, 1988, he discovered three pipes running under his property, and called this to the attention of Mr. Bishop. He indicated that he sent a letter to Lely Hibiscus in May, 1988, requesting that the pipes be removed by September, 1988, however, to date, they still remain. There were no other speakers. CO88d..ioner Shanahan aoved, seconded by Coaaissloner Goodnlght Page 18 SEPTEMBD 12. 1181 and carried unan18ou8ly, that the public h.aring be cIo..d. CØ88dssioner Saunders aoved, .econded by co..issioner Goodnight and carried unanillOusly, to approve Petition V-eg-13, thereby adopting It.solution 81-226. Page 19 n"n~o -- - ,------- ,---_._,-- It.. nBl azso~ox 89-226, PETITIO. PC-88-~C, aRADY MIXOIt AID ASSOC., UP~ÞTIJIQ IItJBSC1DU.W AID usoe., RE &,Ju&JtSIOX OJ' PKOVIIIOJI USE J'OR UJn1IXInJIG I'O1t P1tOPERTY LO<:A'nD ox 11m EAST SIDE OJ' TAMIAMI TRAIL APP'JtOXDU.TELY 4-1/2 MIL~S SOUT1lEAST OF RATTLES.AXE !I.AMMOCX ROAD - - ADO PTZD Planner Weeks st~ted that a Provisional Use was approved one year ago, and the PetitioT,er 1s n~quefiting a one year extension of same. He advised that the applicant has indicated that he has recently obtained his (edcrisl and state permIts, and coJllmencement or the operation Hill not be possible, prior to the expiration. He noted that Staff is recommending approval ot the one year extension. C--t-.loner Goodn1ght aoved, seconded by Coaa1ss1oner Sh4n.~n and carried unaniaou.ly, that Petition PU-88-9C be approvwd, and that Jt.esolut:1oD 89-226 be adopted. Page 20 SEPTEMBER 12, 1989 It.. ftA. A'n'OJOIEY DOJULD A.. PICXWORTB REPUSEKTIKCJ WICJCJIKS PASS CLUB RE BOARD COltI'IKNATIO. 01' DEVELOPMEKT ItIGHTS - COKTIKUED TO 1/25/81 Commissioner Saunders stated that he and Attorney Pickworth had a discussion concerning this item this morning. He explained that he advised Mr. Pickworth, who contends that there has been an expenditure of funds to construct the three large 22 story buildin~s, that he would like to see documentation of same. He noted that Attorney Pickworth has agreed to provide this documentation to the Commission. Commissioner Saunders suggested that this item be continued until the documentary evidence has been submitted for review by the County Attorney. Attorney Pickworth stated that it will take a few days to get the invoices together, but he will present the evidence upon receipt of same. Commissioner Volpe questioned whether the issue is one of vested rights, or one of clarification of the actions taken by the Commission last year? Attorney Pickworth indicated that the original vested rights issue had to do with the expenditures made by the owner of the property ~or constructio~. and since it has been set forth in the petition that expenditures have been made, the documentary evidence has not been brought forward, and he believes that it is proper to submit the evidence. Commissioner Saunders stated that a year or two ago when this pro- ject was considered, th~re was no discussion about building heights, and now there is a discussion as to ~hether funds have been expended in reliance as to build certain size buildings. Mrs. Emily Maggio referred to thu agenda package, letter dated February 9, 1987, from Attorney Donald A. Pickworth to the Board of County Commissioners. She indicated that the petitioner has listed the investments made in the property, and one of the items which is claimed to be an improvement to the property and a credit toward deve- loping of same is $60,000 to $7~,OOO which was contributed to the Page 21 O()( )58 . ......~.........,,-_..- SEPTEMBER 12, 1989 dredging of Wiggins Pass. She stated that she believed that the $145,000 which was donated for the Pass was contributed by a band of non profit good samaritans that were interested in doing good works, and not in developing their own land. She noted that she does not see any evidence where the County is at fault or caused the delay. She indicated that there were 110 unusual or discriminatory fees. She stateJ that she does not understand why, at the time the developer's mortgagee sold the property, he did not extend those permits to pro- teet his own investments. She stated that no steps have been taken to maintain the property; the landscaping is overgrown and unkempt, no steps have been taken to protect the property from vandals, and the gatehouse is totally vandalized. She noted that there are 230 docks for 300 units, and she believed that there was a formula from DNR that the number of docks could be equal to 1/4 of the number of units. She stated that she does not believe that clarification is being requested, bolt rather another favor, or possibly a variance. Co~ss10n.r Shanah.n DOv.d, seconded by Co..1ss10ner Hasse and carried unani80usly, to continue this it.. until Sept.ab8r 26, liei. It.. .8B PHILIP L. LEE REPRESEKTlXG RIVIERA GOLP ESTATES RE SIDEMALES - ORE YDJt AAJ;AdIOK 01' SIDEWALE COHSTRUCTIOK APPKOVED, StlBJ'XC'1' TO JUNIEW AND .&.PPJtOVAL OP DOCtJME1fTATIOK BY COtnn'Y ATTORJIEY Mr. Dan Brundage, of Agnoli, Barber and Brundage, stated that he is representing Mr. Philip Lee, developer of Riviera Golf Estates. He advised that the project was originally owned by Elba Corporation, and as a condition to their final subdivision acceptance, they were required to post a bond for the remaining sidewalk construction tor the pr01ect for a period of one year. He noted that the one year pro- vision will expire on September 13, 1989. He explained that Mr. Lee has purchased the remaining 16 lots which will require sidewalk construction, and he is requesting a one year extension of the sidewalk conRtruction, and posting a new bond for the remaining sidewalks. He noted that due to the manner in which the mobile home Page 22 O()()59 SEPTEMBER 12, 1989 unIts are moved into the subdivision and installed on the lots, the probability of incumbent side~alk damage during that process is very high, and it has been a standard practice to move the unit onto the site, do the site improvements, and then construct the driveway and sidewalk. He advised that Mr. Lee is prepared to construct any remaining sidewalks at the end of the one year period that would not have been constructed at that time. Commissioner Volpe noted that the bond that has been posted was done so by Elba Construction. Mr. Brundage advised that the bond sub- mitted by Elba will need to be released, and another bond in Mr. Lee's name will need to be dedicated. County Attorney Cuyler stated that there is very little back up relating to this item, and he suggested that the petitioner meet with him so that he can become familiar with the situation, and then he will advise. Commissioner Saunders indicated that any motion to approve this item, should require that th~ County Attorney is satisfied with wha- tever documentation is provided. COII81..sloner Ooodn;gb.! aoved, .econded by Co.-la'.loner -- and carried 1JD8Diaously, to Jlpprove the one year extension of the 81dewalk, eubject to review and approval by the County Attorney. Ite. nc MATHIAS L. TARI REPRESEKTIRG TARI I S FRUIT TREBS RB LAJfD USB AJfD OJtDI~CB LAN - COBTIRUED TO 9/18/89 Mr. Mathias L. Tari, passed out documents to be included as part of the record: presentation dated September 12, 1989, with Exhibits "A" thru "L". County Attorney Cuyler advised that this is a situation where the County is alleging a zoning violation, and there will be litigation on this issue. He suggested that the Commission take no action on this item. Mr. Tari indicated that this is a pre-trial determination that is needed by the Board for the record, before any courts make a decision. Page 23 - .....---- SEPTEMBER 12, 1989 Commissioner Saunders stated that in order for the Commission to thoroughly review the inch thick package of material presented by Mr. Tari, he i- uggesting that this item be continued for one week. CO88!ssioner Saunders aoved, seconded by Co..issioner Volpe and carried unaniaaualy, that this ita. be continued until Septeaber 18, n81. It- HAl 1tES0LUTIOR eg-22G, SUPPORTIKG STATE LEGISLATIOK TO IKCltBASE ItEVEKUES I'OIt ftAR UD COUKTY TItAlfSPORTATIOK IMPltOVEMEnS AND ItESOLUTXOR eg-227. OPPOSIKG THE TRAKSPEIt OP STATE 1t0ADS TO THE COURTIES A1fD MUKICXPALITXES - ADOPTED MPO Coordinator Perry stated that this item involves two resolu- tions: The transfer of State Roads to the Cities and Counties 1 ) throughout the state, as a result of 1989 Legislation which directed the Florida Department of Transportation Commission to identify the functional classificôtion of all State roads and determine whether or not any or all of those roads sh011ld be turned over to local jurisdic- tions. He advised that the Florida Association of Counties and Staff have reviewed the proposals, and feel that there i~ not sufficient time for the FDOT Commiss~on to adequately identify whether these roads should be turned over, as well as the financial implications of turning over the roadways to local jurisdictions for control; there- fore, Staff is requesting that the appropriate resolution be adopted. Commissioner Shanahan affirmed that the two resolutions are: to support State Legislation to increase revenues for State and County transportation improvements; and, to oppose the transfer of State roads. With regard to the first resolution, supporting Sta~e Legisla.tion to increase revenues, Commissioner Shanahan explained that the Metropolitan Planning Organization Advisory Board has taken a definite position, by resolution to the Governor, to increase gasoline taxes by 10C (5C for the County and 5C for the State); increase licensing fees; increase car rental rates; increase new car registra- tion fees, all which will generate millions of dollars to support what is needed to partially support these roads. He questioned whether Page 2. (1n( 1~ f .,--...-....-........,..." -"-' SEPTEMBER 12, 1989 thi8 re80lution includes support ot the MPO Advisory Committee? Mr. Perry replied affirmatively, noting that the resolution specifically mentions the MPO Citizens Advisory Committee's support of that con- cept. Caaaissloner Sh.n.han aoved, seconded by Co..issloner Goodnight and carried unanl80U8ly, to adopt Itesolutions 89-226 and 8g-22~, and forward ~ to the Legislative delegatlon and the I'lorida Association of Countl-. Page 25 ",-.,..-..--..---,..,.-.. SEPTEMBER 12, 1989 ~OLUTION 89-228, AMENDING RESOLUTION 87-29, BY AMENDING THE BOUNDARY OF TH~ ~.anwl "ENTERPRISE ZONE~ - ADOPTED Assistant County Manager McLemore stated that the purpose of this item is to provide recommendations to the State to extend the "Enterprise Zone", prior to the September 15, 1989 deadline. He explained that this extension does not represent any increase in popu- lation, but simply ties in the balance of the airport property that is currently in the MafJter Planning which is designated for Industrial Zoning into the "Enterprise Zone". Tape #3 Mr. Glenn Simpson stated that he serves on the Immokalee Airport Advisory Board. He advised that the 8oard fully supports the proposed resolution since It will enhance the ability to bring in a diversity of Industry into the Immokalee area, which is greatly needed. Coiltsetoner Shanahan loved, seconded by Conieatoner ~-~se and carried unanimously, to adopt Resolution 89-228, mndtng the boun- darlee of the "Enterprise Zone'. In answer to ¢ommissi~ net Volpe, Mr. McLemore advised that acres will be added to the "Enterprise Zone". Page 26 SEPTEMBER 12, 1989 Itma~gB2 RESOLUTION 89-229, APFROVING STIPULATED FINAL ~S IN TH~ LITIOATION CASE OF COLLIER COUNTY VS. I~kROLD E. ERANTZ, ET AL, FOR PARL~_~q 118 ~ND 122 (RE SR 981)- ADOPTED Transportation Services Administrator Archlbal~ Indicated that this agenda item is a recommendation to adopt a resolution and Stipulated Final Judgments involving S.R. 951 parcel Nos. 118 and 122. Me advised that as a result of court directed mediation, the attorney representing these property owners, and the attorney representing Collier County negotiated a settlement for the purchase of approxima- tely 1.3 acres of property from Mr. and Mrs. Krantz, and .2 acres of property from Mr. Linsz and Mrs. Lardie. Re advised that the final settlement amount exceeds the amount of the initial deposit at order of taking, as a result of the value of updated appraisals. Mr. Archibald explained that the recommended settlement for Parcel 118, which ts located on the west side of SR 951, 3/4 miles south of Manatee Road, involves the purchase of 1.3 acres of land at $3.10/SF, which represents a medium price for land that is currently selling along the 951 corridor and the adjacent U.S. 41 corridor. He stated that the total settlement amount is $176,917. With regard to Parcel 122, which was owned by Mr. Linsz and Mrs. Lardte, Mr. Archibald informed that this is a relatively small parcel, and the take on this propel*ty Is a strip of land 80' wide x 100' long, or .2 acre, noting that the final settlement amount is $30,500. Mr. Archibald advised that If for some reason the above figures are not acceptable to the Commission, the alternative ts to follow through with a Jury trial, to settle these issues. He indicated that the value of land In this corridor ts Increasing, and these parcels presently have a C-4 ZoninG. In answer to Commissioner Shanahan, Mr. Archibald advised that the owners of Parcel 118 have requested that consideration be given for a future zoning request on their part, and Staff has agreed to make a recommendation in writing outlining what the negotiations involved, Page 27 SEPTEMBER 22, 1989 Indicating that Mr. and Mrs. Krantz did give consideration to a reduc- tion In the value of their property. He explained that Staff is recommending to the Commission, that should a rezone petition or development petition be submitted in the future, that some ty~e of consideration be given for the settlement that occurred at this time. He advised that there ts no guarantee, whatsoever, of future land use. County Attorney Cuyler advised that no assurances have been given, but there is an understanding that Staff will make an explanation to the Commission as to the history of the parcel. In answer to Commissioner Volpe, County Attorney Cuyler explained that Staff will explain to the Board the cooperation of the property owners during the course of events, rather than a rezoning recommen- dation of a specific type. He indicated that there ia no s~ecif~c condition that the Commission will grant a future rezone, based on what has taken place tn the past. Cc~tui~ner Shanahan~oved, aecondedb~ Co~/s.ioner Ha~e ~nd carr~d~l¥, to accept the recomndations o£ Staff, therab~ ~t.t. ng Re~olut~on 89-229. Page 28 S~PTEMBER 12, 1989 Clerk Kraft replaced Deputy Clerk Hoff~n at this ti~e 12:30 P.M.eeeSe Item #9D1 A~PROVAL OF CARICA ROAD WATER FACILITIES SETTLEMENT B~"~NEEN COLL~,ERCOUNT~ AND CIT~ OF NAPLES - APPrOVeD Commissioner Saunders stated that County Attorney Cuyler has indi- cated this settlement can be accepted in principle, but a written agreement signed off by him is necessary before it becomes f~nal. County Manager Dorril! reported that a brief presentation is in order, and that the Chairman be authorized to accept a Bill of Sale or wha- tever instrument is appropriate. Utilities Admin~strator Arnold stated that the item relates to a 1977 City of Naples, Collier County Water Service Agreement, as amended several times. He noted that one of the amendments addressed the Carica Road tank, owned and operated by the City of Naples, as part of their process of providing water to the north part of the County, and Staff has been moving ahead with projects allowing Collier County to take over that service. He explained that one provfston is for Collier County to take over the Carica Road tank, and in exchange provide replacement cost to the City of Naples so that they can construct another tank within the City limits. He reported that the City constructed a new tank off Goodlette Road on Solana Road, and after negotiating with them for the last several years to resolve the replacement process, have come to agreement at the cost of $2,067,049. He pointed out that interest costs have been accruing on the cost of the price of the land, facilities, etc., and the County Utillt~es Division has invested the money set aside for this replacement cost. Re indicated that the high rate of interest offset the cost. He noted that Staff recommends entering into a settlement with the City as pro- vtded for in the original City/County agreement. In response to Commissioner Hasse, Mr. Arnold reported that the language tn the original agreement was nebulous, and discussions with the Gity regarding construction costs and comparisons as to how much Page 29 · . SEPTEMBER 12, 1989 Collier County should reimburse them have been lengthy and detailed. He explained that their total cost for the project was $2,500,000 for the land acquisition, tank construction, etc. In response to Commissioner Hasse, Mr. Arnold stated the tank is 18 years old. Commissioner Volpe questioned if Collier County has had operational responsibilities of this tank during the negotiations? Mr. Arnold responded that the County has not. In response to Commissioner Volpe, Mr. Arno]d indicated that the City will turn over the facility, the § acre site, give the Collier County assurances that there is no existing bond indebtedness on the facilities and some related line work. He explained that all the water service area north of Pine Ridge Road will be turned over to Collier County. In response to Commissioner Voipe, Mr. Arnold replied that the tank has been inspected, but needs to be refinished which is being credited to Collier County. Mr. Arnold reported that the tank, despite Ate age, has structural integrity and will serve the purposes intended. In response to Commissioner Volpe, Mr. Arnold indicated that the life of the tank has 50 year structures. He stated that At is a concrete tank. County Manager Doff/il commented that this is a good deal for the County in view of the replacement tank value and the fact that the City spent $2,500,000 for only reimbursing them the figure contained in the executive summary, and emphasized that in addition to the tank, there are underground pipes that will allow Collier County to serve Pelican Bay. County Manager Dorrtll noted that Mr. Jones and he had reached an impasse in the negotiations and with the help of the Chairman and the Mayor, potential litigation was avoided. He stated that Staff recommends approval subject to a BAil of Sale, or whatever transfer document the County Attorney feels is appropriate. Co~u~on~F Sh~n~h~n ~ov~d, seconded b~ Commissioner Volp~ ~d carried ~ly, that the settlement with the Cit-F of Naples for the transfer/replacement of the Cartca Ro~d water facilttt~ be .Page SO SEPTEMBER 12, 1989 approved contingent upon the proper Bill of Sale or agreement necessary. Item #9E1 RESOLUTION 89-230 ESTABLISHING SECTION 18: DRUG FREE WORKPLACE IN THE PERSONNEL RULES AND REGULATIONS - ADOPTED Commissioner Saunders stated that everyone on the Board of County Commissioners is committed to do whatever can be done to help fight the problem of drugs, and doing our best to be part of the Bush solu- tion of the drug problem of the United States with this one small step. He urged approval of Resolution 89-230. . Commissioner Huse moved, seconded by Commissioner Shanahan and carried unanimously, that Resolution 89-230 establishing Section 18: a dru~ free workq~lace tn the Personnel Rules and Regulations be adopted. Pm~ 31 BXD #8g-X437 X~ JU~ KSTZMA'T'K~ ANOO"KT OF 838,896.00 If'OR A KAZARX)OOS M&STE AMIIESTY DAYS CO~CTXO~ BK AMARDKI:) TO GSX CKKMZCAL SKXqVZCES, Legal notice having been published in the Naples Daily News on July 19, 1989, as evidenced by Affidavit of Publication filed with the Glerk, bids were received until 2:00 P.M. on August 7, 1989 to consider Bid #89-14S~ for a hazardous waste amnesty days collection. Bob Fahey, Solid Waste Director, representing Environmental Services Division, reported that this is the 4th such contract collec- tion provided in the County since 1985, and the second this year. He indicated that the materials collected in 1985 amounted to 2§,000 pounds, in 1988 30,000 pounds was collected, and in March of this year 50,000 pounds of hazardous waste were collected. Ne reported that two bids were received, and as evidenced by the 5 items Staff reviewed, GSX is a better provider of service based on experience and other technical reguirements. Commissioner Volpe noted that Finance Director Yonkosky questioned the recommendation that a maximum of $60,000 be approved when ~'he other estimates were in the area of $35,000 and $38,0007 Mr. Fahey explained ~].at the actual cost of the DER operation in March of this year was in the neighborhood of $73,000 plus dollars for 50,000 pounds, a 3-day operation. He noted that the County is planning to have this as a 2-day operation, Friday and Saturday, and he does not expect that it will exceed the $60,0OO indi- cated. In response to Commissioner Volpe, Mr. Fahey reported that is the maximum amount of the cost based on the growing amount of the materials collected. He emphasized that the next program will be for 2 days, and the County does not expect to receive as much material as it did earlier this year, so the maximum estimated cost is $60,000. Commissioner Volpe commented that Mr. Fahey is anticipating the same amount of material because the time period will be 2 days instead of 3 and there is no increase expected in the amount of hazardous waste and the actual amount expended during the last program was $?3,000, not Page 32 SEPTEMBER 12, 1989 $38,000. Mr. Fahey concurred and noted that the State provided that program earlier this year and the County provided the site. Mr. Fahey reported That as awareness of a need to properly dispose of these materials grows in our community, the County ts continually experiencing an increase in the volume of materials received each time. C~/~ioner Shanahan ~=~n~, and eecon~d !~, Co~mm~oner ~, ~t Bid ~9-1437 for m ~d~ mte ~eoty ~ collection ~ ~~ to G~ C~tcal Se~tce~, Inc. Co~tsstoner Volpe questioned if the County pays on the bast8 of tonnage, and the price per ton GSX quoted ts less than the price per ton for Terra First, Inc.? Hr. Fahey replied that TFI totalled $24,962.00 for disposal and GSX totalled $24,948. In response to Co~tsstoner Volpe, ~r. Fahey explained that the reason the cost per container for GSX ts more ts because the container provided for the material t8 secured. He stated that GSX has more personnel and provide 10 people Instead of 6, and the other firm has not conducted an operation of this nature. He commented that a lack of Compensation insurance wa~ also a deciding [actor. ~ c~l for t~ ~estton, the ~tton c~rted ~tnly. lt~2 s0~ ~~ - ~o~ Solid Waste Director Fahey stated that Collier County has received 2 grants from the State of Florida, and the one dealing with The Glean Florida Commission Litter Grant ts a matching grant and the $20,000 received from the State was directed to be used in retaining a public relations firm. He reported that the $20,000 match money will be pro- vided by the Solid Waste Department and the City of Naples. He explained that Staff is asking to use The Conservancy to create the program for use in the schools. He pointed out that the Conservancy has a long history of cooperation in the school system and for that Page 33 SEPTEMBER 12, 1989 expenditure will produce a program for use In the schools, both public and private. He emphasized that the expenditure of these funds has to be completed by the end of this year. Commissioner Shanahan questioned the City of Naples' commitment for $2,850.? Mr. Fahey reported that a letter was received from the City of Naples dated July 10, 1989 from Mr. Walker, approved by Mr. Chaffee. H~ indicated that the Utilities Department, Solid Waste Division, will match the grant funds awarded by The Clean Florida Commission for the litter prevention program In the amount of $2,858. He emphasized that the funds tentatively will be allocated for public education to the City of Naples' rustdents. ~~ione= Shanahan ~oved, seconded by Co~/ssione~ Rasse, that Staff be ~uthortzed to contract with the School Board and The Conservancy to provide a Litter Prevention lducatton Profits a · sola · ourc~ pr~vlder, be approvwd. In response to Commissioner Volpe, Mr. Fahey noted that in the total grants from the State, a cooperative effort ts encouraged based on a per capita assessment, and the City of Naples shares 14.29~ of the gran:.s received f~cm the State and this ts reversed. He explained that the County is distributing 14.29~ of the $20,000 Collier County is putting up to cover their share of the program. He reported that the $20,000 is 100~ and the $2,800 ts 14.29~ of the $20,000 they will contribute to make up their matching share. Upon call for the question, the ~otion carried un~ni~ou~ly. Page 8~f~MB~lq, 12, 1989 Commissioner Saunders commented that the County Attorney has advised since the time and location were advertised on the tax noti- ces, the budget hearing location or time cannot be changed. Attorney Cuyler reported that the location of the second hearing can be changed, but the date is a problem because the other taxing authort- t~es cannot hold their hearings on the same day that Collier County does. Commissioner Shanahan commented that the Board of County Commissioners is making a major effort to have the public attend the hearing comfortably to hear the Board of County Commissioners and be heard by the Board of Cour-¥ Commissioners. County Manager Dorrill reported that last Wednesday concerning the resubmittal of budgets not to exceed 15~, both the Sheriff and he have prepared a list. He indicated that the Sheriff is available with pro- posals to be offered to the Board of County Commissioners direct/y, not through the budget staff. He stated that the information relating to who s~.ends what portion of the tax dollars is prepared. He expleined that he is contemplating running an ad in the newspaper explaining from total ad valorem taxes which part are attributable to the County Commission. He reported that running a display chart with information showing that total property taxies, i.e. 58~ of the total property tax bill ts attributable to the Collier County School Board; capital spending is 7~, independent districts are 7~, MSTU districts de=ermined by referendum are 4~ and only 31~ remains attributable to County taxes, and of that amount, 14~ is attributable to the County constitutional officers. He emphasized that he would like this type of information tn tomorrow morning's newspaper before the hearing tomorrow evening. Commissioner Shanahan requested the informat~on prepared relative to specific spending areas the Board of County Commissioners requested. Commissioner Saunders requested all lnfor- Page 35 ~. SEPTEMBER 12, 1989 marion that Is available from Mr. Dorrill be given to the Board of County Commissioners at this time. Attorhey Cuyler stated that budget workshops are meetings and require normal advertisement or notice to the public and the Board of County Commissioners can indicate at this time if they want to have a hearing at 2:00 P.M. Itw~ th~ con~n~u~ of the Board of County Co~isston~rs to hold th~ b~t ~rkshop at 1:30 P.M. this afternoon. C~stoner Volpe commented that television covirag~will afford taxp~l~rrs the opportunity to hear what transpires and att~n~ the C~..tyManag~r Dorrtll stated that itttona/ chairs will be pro- vt~edin the hallwaTs, together with close~ circuit television to accommodate the people. Itn ell Commissioner Ooodntght ~ved, seconded byCosmisston~r Sh~nlhan and carried unani~usly, that Budget ABendment 89-295 be ~dopted. BUDGET AM~NDKENTRESOLUTIf.N 89-24 - ADOPTED Commissioner Goodnight moved, seconded by Commissioner Hasse and car~led unant~n~ly, that Budget A~snd~nt Resolution 89-24 be ~topted. See Pa§e ~__~_L~ Item P~BqU~ST BY GOLDEN GAT~ CIVIC ~S~IATION, INC. ~ ~R ~ ~ C~ ~ DAY - Commissioner Rasse moved, seconded by Contsstonsr Shanahan and carrtt4unaataously, that the waiver of dusptng fees for Golden Oats clean up ~y, September 23, 1989 from 9:00 A.M. to 3:00 P.M. be ~SOL~TIO~ ea-2s! &OTH0~/ZIHe DEPAHTMENT OF ~ ~ ~~ITAT~ ~~ ~ IS~ LI~ES ~R ~ H~ CHILD C~ ~~S -- Attorney Cuyler indicated that this Is a request for HRS to do the licensing, and requested the sentence that "Collier County's only respon- Page 36 SEPTEMBER I2, 1989 siblltty Is to request HRS that no further obligation, financial or otherwise, be placed on Collier County" be added. He stated that a statutory resolution indicates this Resolution can be passed. C~/nioner Goodnight ~oved, seconded by ~t ~lnt~on 89-231 author~zfng the ~p~t~nt of i~ 'Colltsr C~W's only r~ibtltW ~ ~r, obltgtlon, ftmclal or othe~tse, ~ call for t~ ~stton, t~ ~tton ~ ST 2989 ~ OF &I~tT, Trlc &PP&R&TUS RgQUIRRD TO O~IT A ~~H ~R ~ ~ o~ ~~cs ~ ~c~ s~c~s o~ ~ co~ c~ ~~'S O~ca - ~~ Deputy Tom Smith, Bureau of Forensics and Technical Services of th~ Sheriff's Department, reported that this department handles all crime scene work and the crime laboratory. He noted that for the past 3 or 4 years, Collier County has had a chemist on Staff utilizing, through a lctnt mutual agreement, Lee County's crime laboratory for analyses. He explained that the Sheriff's Office would like to con- vert the wet laboratory at the Marco Island Substation into a forensics laboratory for his use, purchase equipment to ~ul~lll Its function ~d start a crime laboratory facility for the Sheriff's Office. In response to Commissioner Volpe, Mr. Smith replied that there ts no present agreement with the Florida Highway Patrol because they have no facilities. He explained that the only facilities available for Sheriff's Office use tn the State are the Federal Bureau of Investigation, The Florida Department of Law Enforcement and the mutual agreement with Lee County. He Indicated that Lee County's laboratory ts exceptionally small, and since they did not have a che- mist for .~ period of tt~e and Collier County had a chemist ,tth no laboratory, the arrangement worked out well. He reported that a che- mist has recently been hired for Lee County and thetr lab will return to full functtonabtltty. He pointed out that besides the laboratory being small, Collier County ts paying for travel time for Its chemist ba~k and forth to the laboratory, sometlmes more th~ once or twice a day. In response to Co~tsstoner Volpe, Mr. Smith replied that the only laboratory tn Collier County suitable for drug analysis ~ould be Diagnostics Services, Inc. associated with Naples Co,unity Hospital on a subcontracted basts. He explained that they are reluct~t to subcontract because of courtroom testimony Involved. In response to Co~tsstoner Volpe, Mr. Smith Indicated that the budget expenditures were converted to the Confiscated Trust Fund and there are no other Page 38 SEPTEMBER 12, ~989 personnel lasted for this laboratory. In response to Commissioner Hasse, Mr. Smith replied that the Marco Island substation is located An the old Deltona Building, which had a wet lab for environmental analysis at one time. He emphasized that conversion for the lab is minima/, approximately $20,000 for renovation. In response to Commissioner Shanahan, Mr. Smith reported that no other need wall be created other than providing a facility for Collier County's ch·mAst who will analyze all drugs for conviction purposes and analyzing seized drugs from undercover operations to assure that they are not tainted and can be used in reverse operations. Co~e~tsstoner Shanahan ~oved, aacon~ed b~ Co~/asto~er Ha~, that the purchase of the analF~tc apparatus required to outfit · labor·tofF for the Bureau of Forensics and Technical Serv~caa of the Collie= Cuu~ Sheriff's Office be approved. Co~J~ion~r Goodntght ~oved, seconded by Commissioner ~nd c~-rledun~n~ou~ly, that ~B~ Con~nt &gend~he ~opted ~nd/or Com~:.sstoner Shanahan requested that Item #14A2 relative to the agreement not being executed by the consultant for legal sufficiency be addressed by the County Attorney. Attorney Cuyler stated that ha~ been reviewed and signed. Upon call for the question, the motion carried un~n~ly. ltaa ~14&1 &CCEPT&NC~ O~PKRFO~tNC~ BOND ZR THE &MOUNT O~ $10,000.00 &S S~CU]tTT~ ~0R E]~,&~&~ZO~ PEI~MI~ ~0. 59.225 [~0DI~Z~D] ~O~WD& 3AEGER 1RID#~ Ita~ #14A2 &GKED~E~TWITH &NGIE BREWER AND ASSOCIATES IN ASSOCIATION NITH C&MP DKES$~ AND m, INC. IN THE &MOUNT OF $25,000.00 TO CO~D~I2~/T~D~OPME~r B~OCK GRANT Item 914~kS - MOFED to 9A2 Xt~ I~SOLUTION 89-232 APPROVING RECORDING OF FINAL PLAT OF SILMX~q~K)OD PARK A~D GRAIT F~LIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, NATER AND SEWB~ ~tOV~CK~rS IN TRACT &, FHASE I - SUBJXCT TO STIFULATIONS AND Accept the irrevocable Letter of Credit No. 909-89 as security for maintenance of the Infrastructure until the Board of County Commissioners grants final acceptance of all Improvements. Accept the Irrevocable Letter of Credit No. 910-89 as security to guarantee the completion of subdivision Improve- ments in Phase II, Authorize the recording of the final plat of "Shadowwood Park." Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance and Resolution authorizing preliminary acceptance. Authorize the Chairman to execute the Construction and Maintenance Agreement. Preliminary acceptance of the improvements will not become effective until water and sewer facilities have been conveyed to Collier County Water-Sewer District. That no Certtflcates of Occupancy be granted in Phase II until required improvements have received preliminary acceptance. SeePage lt~l#liJU~ EESOLUTX01 89-2~ PROVIDING FOR ASSESSMENT OF LIEN IN ORDER TO FUNDS ~EFENDED BY TR~ COUNTY TO ABATE PUBLIC NUISANCE ON LOT 15, BLOCK 156r GOLDEN GATE~ U~IT NO. 5, (SERGIO JIMINEZ) It# ~I&A6 FINAL PLAT APPROVAL OF EMKIL~LD LAKES PHASE IX-B SUBJECT TO STZP~TZON~ 2o Accept the irrevocable Letter of Credit as security to guarantee completion of the subdivision Improvements· Authorize the recording of the Final Plat of Emerald Lakes Phase Il-B, Authorize the Chairman to execute the construction and maintenance agreement. That no Certificates of Occupancy be granted until the required Improvements have received preliminary acceptance. That no construction shall begin until the approval from South Florida Water Management district is obtained for the lower road elevations. Page 40 SEPTEMBER 12, 1989 See Pages FLaT APPROVAL 0F EMXRALD LA~ES PHASE II-A SUBJECT TO Accept the irrevocable Letter of Credit as security to guarantee completion of the subdivision improvements. Authorize the recording of the Final Plat of Emerald Lakes Phase II-A. Authorize the Chairman to execute the conatructAon and maintenance agreement. That no Certificate of Occupancy be granted until the required improvements have received preliminary acceptance. That no construction shall begin until the approval from South Florida Water Management Districts is obtained for the lower road elevations. RESOLUTIUN 88-2S4 PROVIDTSe FON ASSESSM~Fr OF ~.IEN UN TRACT WH~ RKPLAT, (BERT POHLMANN) It~ #14A9 ItESOLUTXOI 89-235 PROVIDING FOR ASSESSMENT OF LIEN ON LOT 8, BLOCK .160, GO.LDEN ~ATK, UI~IT NO. 5, (ARTHUR M. & VIRGINIA C..CLAY) Item #14&/0 R~SOLUTIOIf 89-236 PROVIDING FOR ASSESSMKNT OF LIEN ON LOT 12, BF~)CK D, BROOKS~D.K UNIT #2, SUBDIVISION (MABEL .M. AND VICTOR CH~. ES ALBRKCHT See Pages ~__~u~' ~, A Item #14&l 1 I~ESOLUTIO~ 89-23? PROVIDING FOR ASSESSMENT OF LIEN ON LOT 12, BLOCK 234, UNIT ? PART - GOLDEN GATE, (PAULINE W. AND ARTHUR LEE MATSON} It.~#14il2 AKSOLUTION 89-238 PROVIDING FOR ASSESSMENT OF ~'IEN ON LOT 2, BLOCK 250, UNIT ?, PART - GOLDEN ~ATK, (FLORENCE AND GORDON O'CONNOR) Item#i4AlS RKSOLUTXON 89-239 PROVIDING FOR ASSKSSMKF~ OF LIEN ON LOT 7, BLOCK 203, ~OLDEN ~ATE, UNIT HO. 6, PART 1, (FRANCISCO AND A~OSTXIA GoFzALEZ! O0_l l Page SEPTEMBER 12, 1989 See Pages Item KESOL~TIOR 89-240 PROVIDING FOR ASSESSMENT OF LINE IN ORDER TO RECOVF~ FONDS 43, B~ 1; L~ 2, BL~ 3, N~ES ~N ~, ~SO - ~S 9 ~D 11, BL~ 10, ~ ~N ~, ACCO~ING T0 ~SOL~ION ~CO~ IN O~ICI~ ~CO~ ~OK 14, AT PAGE 614, OF ~ ~LIC ~C0~ OF CO~I~ CO~, ~~. ~~Y DES~IBED ~ LOTS 9 ~ 11BLO~ 9 N~ES ~N ~, (~ L. ~ ~A M. ~~) ~~~ CO~~ION A~~ CO~I~ IN ~H~ION ~ CO~*S ~ ~ OF STA~ RO~ 84 LAKE TKAFFORD MEMORIAL GARDENS CEMETERY DEEDS NOS. 601, 099r AB'D 566 097, Item #14K2 R~NEMAL OF BID #B87-1171 CONTRACT WITH NATIONAL LINEN SERVICE OF FORT MYERS FO~D~IIFORM RENTAL SERVICES AUTNORXZATXONFOR EI~ltGE]t~fI,[EDICAL SERVICES TO ~PII~DS FROM TH~ ~NEP~ ~ ItESKRVF~ ~O PITRD 490 PERSONAL S~XCES XM TRH AMOUI~ OF ~800.~0 Item#14G1 APPROVAL OF FBIIDORPJLNEING AND NEGOTIATION OF CONTRACT NITHMKDIAAND MAHEE~IN~ I~TBLIC HELATION~, INC. A~D IMAGERY~ISING, ILKS. FOR BID ILFP 89-1460 PIIBLIC R~LATION~ SERVICES FOR LITTER PI~EVENTION AND P. ECY~L~ EIKICATION Legal notice having been published tn the Naples Daily News on August 4, 1989, as evidenced by Affidavit of Publication filed with the Clerk. bids were received until 2:00 P.M. August 14, 1989, to con- :sider RFP 89-1460 for public relations services. lt~#14N1 CONTIIACT FOR ~ELY GOLF ESTATES MEDIAN MAINTENANCE DURING FY 89/90 (]~NEMAL OF BID NO. 87-1198) IN THE AMOUNT OF $9,597.00 - ANAIU)ED TO R-B T2kMN S~I~'ICKS~ INC. Item#14H2 co]rI~EACT FOH GOLDER GATE PARKWAY MEDIAN MAINTENANOE DU~TNI3 FY 89/90 (P~I~MAL OF BID NO. 86-1234} IN THE AMOUNT OF $19,822.00 -AN&~DEDTO R-B LI~SE~"~ZCES, II~C. Pa~e 42 Copy of letter dated 8/24/89 from William N. Laverty, Orowth Management Planner to Mr. Mike McDa~[,~i, DCA, enclosing a completed Land Development Regulation Survey in complying with Sectfon 163.3202. Flied. Letter dated 8/30/89 to BCC from Patrick Kenney, Environmental Specialist, DER re: Collier County - WRR File No. 111692595, River's Edge of Naples, Inc. enclosing short form application. xc: Nell Dorrlll (letter only), Bill Lorenz and filed. Notice of Public Workshop of the Technical Fact Finding Work Group, DER, dated 9/1/89. xc: Nell Dorrill, Bill Lorenz and filed. Draft of proposed revision of Rule 16-B-36-F.A.C., DNR, dated 9/1/89 governing the Florida Beach Management Program. xc: Bill Lorenz, Harry Huber, Nell Dorrtll and filed. Copy of letter received 8/31/89 to Mr. Bob Dlckerson, Pro~ect Manager Lely Development Corporation, from Kirby B. Green III, Director, Division of Beaches and Shores, DNR, re: Exemption Status of the Swimming Pool at Beach Garden J. Collier County Building Permit No. 89-1742, DNR File Number EXM CO-0064. xc: Bill Lorenz and filed. Copy of letter received 9/5/89 to Dr. B. Thomas Hutchinson from Kirby B. Green, Director Division of Beaches and Shores, DNR, re: Exemption status of the Single-Family Dwelling, Collier County Building Permit Number; 89-2274, DNR File No. EXM C0-0060. xc: Nell Dorrlll, Bill Lorenz and filed. Letter dated 8/28/89 to Douglas Hall, from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, DNR, re: approval of Administrative Modification permit No. DBS 86-145 CO M3, Permtttee Name, Harry J. Stchi, Trustee. xc: Nell Dorrtll, Bill Lorenz and filed. Letter dated 8/30/89 to BCC from Margaret Lynn Duggar, Asst. Secretary, Aging and Adult Services, HRS, enclosing a copy of Better O012,3 Page 43 SEPTEMBER 12, 1989 Living for Seniors Comprehensive Plan. xc: Nei! Dorrill, Bil! Lorenz, Kevln O'Donnell and filed. 9. Minutes received and filed: A. 8/17/89 Minutes for Collier County Planning Commission and Agenda for 9/7/89. 10. Notice to Owner dated 9/5/89 from Florida HI-Lift Corporation advising that they have furnished Aerial Lift Equipment for the Collier County Courthouse. xc: Tom Conrecode, Skip Camp and fi/ed. Notice ~o Owner from Precon Products advising that they have fur- ntshed the following described materials, labor, and/or aervtcea: Water Works and/or Sewer Supplies. xc: Tom Conrecode, Skip Camp and filed. 12. Letter dated 8/25/89 to Commissioner Saunders from Sheriff Don Hunter re: Sheriff's Office Space Requirements. xc: BCC and filed. 13. 9/5/89 Amendment to Service L.ist, Supreme Court Fla., Case No. 74, 574 re: Order on Prosecution of Criminal Appeals by the Tenth Judicial Circuit Public Defender. xc: Ken Cuyler, and filed. 14. Received 9/5/89, Petitioner Hillsborough County's Brief, Supreme Court Fla., Case No. 74,5?4. xc: Ken Cuyler and filed. 15. Received 9/6/89, Petitioner Manatee County's Jurisdictional Brief, Supreme Court Fla., xc: Ken Cuyler and filed. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: l:10 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPKALS/EX OFFICIO 00VERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN .'IAI~E.~ 'C. ~L~ES'~-CLERK · . , · . /" j j*' ', ~'The~ 'minutes approved by the Board on O0 ! Page 44