BCC Minutes 08/08/1989 R Naples, Florida, August 8, 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 R~QUI~%R SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Burr L. Saunders
VICE-CHAIRMAN: Max A. Hasse, Jr.
Richard S. Shanahan
Michael J. Volpe
Anne Goodn~ght
ALSO PRESENT: Annaliese Kraft, and Ellis Hoffman, Deputy Clerks;
Nail Dorrill, County Manager; Ronald McLemore, Assistant County
Manager; Tom Olliff, Assistant to the County Manager; Kan Cuyler,
County Attorney; David Weigel, Assistant County Attorney, Kevin
O'Donnell, Public Services Administrator; George Archibald,
Transportation Services Administrator; Frank Brutt, Community
Development Administrator; Ken Baginskl, Planning Services Manager;
Ron Nlno, William Laverty, Philip Scheff, Patricia Sikowski, Planners,
Jeff Perry, Chief Planner Transportation, Bob Blanchard, Comprehensive
Planning Manager, Mike Arnold, Utilities Administrator; William
Lorenz, Environmental Services Administrator; David Pettrow,
Development Services D~rec~or; Nancy Israelson, Administrative
Assistant to the Board; and Deputies Tom Storrar and Sam Bass,
Sheriff's Office.
Page
AUGUST 8, 1989
Tape #1
IteR #3A
&~r~ - APP~0V~D #IT~ CHAMOIS
Commlsmioner Shanahmt ~oved, seconded by Contsotoner Hu~ ~d
carrt~ 5/0 that the agenda ~ approved with the roll.lng ch~ge8:
Item 9B2 Added - Recommendation to award contract to Better
Roads, Inc. to construct a bike path and sidewalk to the new
Golden Gate Terrace Elementary School.
Item 9Fl Added - Impact of closure of Collier County Health
Services' Immokalee Clinic.
Item 12B Added - Request for Special Board Meeting regarding
Administrative Hearing - Marco Island Beach Renourtshment.
Item 9B1 Continued - Authorization for Staff to negotiate a
Supplemental Agreement concerning Extension of Design
Services on Immokalee Road from 1-75 to C.R. 951.
5. Item 6B1 Continued - Collier County Sign Ordinance
Item 6B3 Continued - Petition R-89-1, Pelican Lake -
Ordinance amending Ordinance 82-2.
Item 6C2 Continued - Fire Code Ordinance adopting 1989
National Fire Protection Association Codes with amendments
for Collier County.
Item #gH1
RISOLUTION APPROVING FRANCHISE AGI~EMENT WITH TELESAT CABLEVISION,
INC. PURSUANT TO COUNTY ORDINANCE 88-90 - CONTINUED FOR 'A'~O NEEKS
Comisstoner Hesse moved, seconded by Conlsetoner Good.night and
carried unanimously, that Item 9R1, a Resolution approving a ~ranchttle
Agreement with Telesat Cablevteton, Inc. pursuant to County Ordtnancl)
88-90, ~ continued for t~
Item ~lA
SERVICE A.~, ROBERT LKSTER, P~S ~ ~C~TION 10 ~S - ~~D
Commissioner Saunders recognized Robert Lester, of Parks and
Recreation, for ten years of continuous service with Collier County
Government. He presented him with a certificate and a pin.
Item ,6B2
PETITION Z0-89-$ CO~UI~ITY DEVELOPMENT DIVISION REQUESTIN~ AN
~ TO THE COLLIER COUNTY ZONING ORDINANCE 82-2 AS AMENDED,
SECTION 20, DEMINITIONS AND SECTION 7.19 TRAVEL TRAILER-RECREATIONAL
VEHICLE PARK CAMPGROUND DISTRICT - TO BE READVERTISED
Planner Ntno reported that Staff met with the Association of TTRVC
Campgrounds and agreed to allow them the opportunity to review the
Page 2
AUGUST 8, 1~89
draft of the TTRVC regulations. He noted that these re~ulations were
mailed on 8/2/89 and in order to give them the opportunity to respond,
he requested the matter be continued.
A discussion followed about significant changes vs. minor changes
in the Ordinance and procedures to be followed.
Co-~ieeloner Shanahan ~oved, seconded by Commieeionar Ha~ee and
carried ~i~usly, that Petition ZO-89-5 ~ rea~er~A~ ~d con-
tinued.
Item t6C1
~SOL~XON NO. 89-199 ~VXRG ~~ ~GUAG~ ~ ~
~AG~ P~ ~ ~SOLUTXOR NO. 89-200 T~MX~XNG ~
Planner Laverty reported that the items to be discussed are clari-
fications of sections of the Growth Management Plan and the Future
Land Use Map, or other adopted sections of the Plan. He noted that
the first item on the agenda is a study of certain sections of land
for possible inclusion in the urban designated area, and that this
item was completed at the direction of the CCPC. He requested that
the Bcard of County Commissioners consider each individual item on
this agenda separately. He indicated that at the conclusion of the
hearing, Staff seeks a separate motion for the Resolution approving
transmittal of these documents to DCA.
Commissioner Saunders requested that public speakers listen for
the area being addressed.
Mr. Laverty tndlcated that after transmittal and tho review pro-
cess as allowed by Chapter 163, t:~ese amendments will be returned to
the CCPC and the Board of County Commissioners for approval in late
December or early January. He stated that the first item is the Urban
Boundary Study presented by Bob Blanchard, Comprehensive Planning
Manager for Community Development Services Division.
Mr. Blanchard reviewed Staff's report regarding the expansion of
the urban boundary in the area northeast of Immokalee Road. He indi-
cated that a map package had been supplied to the Board of County
Commissioners representing the displayed maps. He reported that the
Page
AUGUST 8, 1989
discussion will covc~ 3 areas: 1) brief background review: 2) outline
of the findings of the report and 3) presentation of Staff recommen-
dations. He noted that Ron Lee prepared the report, but he is on
vacation.
Mr. Blanchard pointed out that during the process of the Growth
Management Plan adoption, this issue was presented a number of times
and discussed in great detail. He stated that a request by a property
owner within the study area, Milton Hahn, requested expansion of the
urban boundary designation to the northeast, extending Immokalee Road
to include six square miles. He indicated that on December 12, 1988
the CCPC voted not to include the area in the urban area, and asked
Staff to review the requested expansion during the first review cycle
of the Plan amendments. He explained that the appropriateness of
including that area within the urban boundary and the effects of urba-
nization on existing conditions is included in Staff's report.
Mr. Blanchard explained that the first map represents an example
of primary data sources used in the Planning Department prepared by
the South Florida Water Management District, know17 as the Land Use
Land Cover data. He stated that the legend on the b:~ttom of the map
package indicates 20 percent of the area is deve3oped with low density
single family dwellings, 50 percent of the land is covered with
cypress indicating the wet nature of the property, and the majority of
the area is wetlands. He pointed out the area surrounded by low den-
sity residential development, the estates area to the east and
southeast, agriculturally designated land across from Immokalee Road
to the north, the Corkscrew Swamp area, the six square miles under
consideration, and the existing urban boundary approved by the Board
on January 10, 1989. He reported that existing PUD's to the west awe
developed at a low density and under 4 units per acre. He stated
that all zoning in the area is agricultural, and two overlays exist in
the northwest section; "ST" designating specific areas of environmen-
tal concern that need to be maintained during the development process,
and a mobile home overlay allowing mobile homes to be placed on agri-
AUGUST 8, 1989
cultural lots in add/t/on to single-family residences tn th~ 4 sec-
tions to the east. He pointed out, based on interpretation of aerial
photos and flyovers of the area, 40 to 50 dwelling units in the
eastern portion of the study area totalling 140 people living in the
area at present.
Mr. Blanchard explained that analysis of the wetlands covered
the soil, wetlands characteristics and potential for a wellfield to
the north of Immokalee Road. He stated that the soils in the area
consist of one classification, and indicate a severe limitation for
concentration of septic systems. He pointed out that a public system
or package plant will be required for development at higher densities.
Mr. Blanchard noted that vegetation existing in the area is ~ndi-
cative of wetlands and transitional wetlands, and the eastern portion
of the area is targeted as a potential critical ecological corridor.
He displayed maps on potential wellfields with the Capital Improvement
Elements, noting a water treatment plant and potential wellfield
planned for the north side of Immokalee Road. He pointed out the
boundaries on the map representing cones of influence and areas of
drawdown, which may impact water quality. He emphasized that there are
no water management control structures, except fo? a canal along ~he
south ~'order of the area, potable water is provided by private wells,
a sewer system is provided by individual septic tanks an] the
transportation system fronting on Immokalee road operates at Level of
Service "B" He reported that the County encourages natural water mana-
gement by leaving the wetlands intact and using them as part of the
water retention system. He explained that to promote the natural
systems, the County will undertake two County-wide water management stu-
dies addressing land use, resource management and flood protection.
He stated that a proposed wellfield to the north with a proposed water
treatment plant for potable water is planned, out no centralized
system for ~anttary sewers exists. He indicated that the County
encourages extension of the public system to newly developed areas.
He explained that the base density level of 4 units per acre was set
AUGUST 8, 19S9
in the Growth Management Plan, but a potential of 16 units per acre
exists. He pointed out that the range of 15,000 to 60,000 dwelling
units would overburden Immokalee Road. He reported that the urban
designation of 4 to 16 units per acre ts not compatible with the
existing surrounding land uses of the estates to the south and east,
an agricultural-rural area to the north, and emphasized that in the
west, the tendency ts low density planned unit developments. He noted
concern about urban sprawl, characterized by leapfrog development
resulting tn an unfavorable land use pattern and impact on public
facilities. He reported that as of April 1, 1988, there are 72,000
dwelling units In Collier County, and tn addition 135,000, approved
but unbuilt dwelling units, causing Staff to feel urban extension ts
extremely premature. He pointed out that zoning re-evaluation will
bring back into line the areas designated inconsistent with the Growth
Management Plan.
Mr. Blanchard noted the 9 major reasons staff recommends denial of
expansion of the urban area: 1) any redestgnatton of the study area
should be coordinated with the provision of adequate public facili-
ties, 2) potable water may be available in 1992 but neces6ar¥ sanitary
sewer and roadway facilities are not programmed for the area, 3)
watershed master plans should be developed to determine If urban uses
are appropriate, 4) subject area ts of environmental concern as shown
on the adopted Future Land Use Map, 5) urbanization may significantly
impact natural resources tn this area and adjoining areas as well, 6)
soil characteristics are not suitable or conducive to high con-
centration of septic systems, 7) portions of the study area are within
the wellfleld cones of influence, 8) designating the area urban will
promote urban sprawl and an undesirable land use pattern and 9) urban
designation is premature given the current supply of undeveloped land
still proposed. He noted Staff projects that housing needs are taken
care of through the year 2030 for this particular area. He emphasized
that the area should remain resident/al-agricultural, and the OCPC
supported Staff's recommendations on June 15, 1989 with a unallimous
Pa~e 6
AUGUST 8, 1989
vote of 6/0. He noted that 11 pieces of correspondence were received;
6 In favor of urbanization, 5 against and of the 6 in favor, 5 letters
were from out-of-county residents.
Mr. Milton Hahn stated that a mistake was made in 1984 when the
original urban boundary was set. He suggested that Section 29 tn the
Rock Road area, the east half of Section 29 and north half of Section
32 be omitted to accommodate the people in that area opposed to
changing the urban boundary. He reported that the one mile l~ne was
established by the Board of County Commissioners hastily to resolve
the unsettled problem of where to locate the urban boundary. A
discussion followed about the comments of a CCPC member. He concurred
with Staff's concern about sewer, but not about transportation and
pointed out other streets available in the area for circulation. He
did not concur with Staff's concern about water management and natural
resources in this area, and emphasized these problems exist county-
wide. He stated that an 'updated environmental report is needed. He
requested that the Board of County Commissioners include this area and
all issues pertaining to the Growth Management Plan, recommend appro-
val and forward to the State.
Mr. 3ames L. Swelgert stated that he recognized the rights of
absentee property owners, but there ts a distinction between people
who reside tn the area and vote in the County elections. He indicated
that he did a survey of landowners in the area at a meeting with 74
people attending, 58 were against the urban zoning, 2 were in favor of
it and 14 were undecided. He pointed out that Staff has studied this
issue and noted that they have no financial interest or hidden motiva-
tions. He emphasized that urban sprawl has occurred in Collier
County, and there ts no reason to compound mistakes already made by
including this area. He noted that he purchased land zoned for agri-
cultural purposes, and stated that if this land is included tn urban
zoning, rezontng will occur and push these owners out of their l~vel~-
hood and business. He concurred with Staff recommendations and
requested that the Board of County Commissioners deny this proposal.
P~a 7
AUGUST 8, 1989
Commissioner Goodnlght noted that the meeting of landowners
took place on July 10, 1989 and the undecided votes were tallied
before the meeting was held.
Mr. Buddy Smith, a property owner tn Section 36 of this 6 square
mile area, stated that the Board of County Commissioners should clear
up the misunderstanding that farms and agricultural processes do not
Go on in the urban areas. He noted that developers provide roadways
and multiple accesses to the properties when a rezone is requested,
and they also provide sewer and water facilities. He stated that
Vanderbilt Beach Road could be extended to these properties due to a
60 foot easement that i~ in place north of the Golden Gate Canal. He
reported that the 4,§00 acres taken out by the County with watershed
situations is wet with no drainage, but Vanderbilt Beach Road going to
Mr. Hahn's property and the adjacent property is dry. Be suggested
takinG 4,§00 acres from development to the 95! corridor and
replace that 4,§00 acres with the 6 sections less than $,§00 and much
better land.
Mr. Bob Gilman, purchaser of land in Section 29 and building a
home, said that he chose this location because of the zoninG. He pro-
vided literature to the Assistant County Manager regardinG farminG
(Exhibit "A" on file in office of Glerk of the Board) and emphasized
that he agreed with Staff's recommendations.
Commissioner Volpe questioned if re-establishing the urban boun-
dary to include an additional 4,000 acres would prevent someone from
coming in with a plan for a particular portion of 4,000 acres to peti-
tion for an amendment to the Comprehensive Plan in connection with a
rezoninG application if the property were adjacent7 Mr. Blanchard
responded that would be required if the density were to exceed that
which is permitted. Commissioner Volpe pointed out that it could be
done on an ad hoc basis if it fit within the time frame.
Comm~ssioner Shanahan questioned Mr. Blanchard about the following
points Mr. Hahn made: "Only area in the county treated this way"?
Mr. Blanchard replied this is not a fair statement, other areas have
AUGUST 8, 1989
had the urban boundary withdrawn, i.e. Collier Seminole Stat~ Park and
the urban area. "Doesn't make sense", Mr. Blanchard disagreed with
that. "An anomaly", Mr. Blanchard did not believe it was an anomaly.
"Inadvertently done in urgency and haste". Mr. Blanchard could not
comment as he was not here at that time, but checked with the Chairman
of the CCPC and it was not true. "Not good planning", Mr. Blanch&rd
disagreed and "Need updated environmental report, what we have is past
history", Mr. Blanchard responded that the Natural Resources Staff did
an analysis on aerial photographs and familiarity with the area, two
flew over, and it is a transitional wetland in some places, but the
area does register vegetation consistent with wetlands.
Commissioner Hasse questioned the maximum use Mr. Hahn would be
allowed? Mr. Blanchard responded that res/dent/al development is
limited to one home per five acres, the property is currently zoned
agricultural and is low density rural type environment.
Commissioner Goodnlght reported that, at a meeting held in July
1989, the people living in this area indicated that they do not want
this change. She pointed out that they purchased pToperty and built
homes with the understanding that the zoning would remain the same, as
well as the surrounding property. She emphasized that the Board of
County Commissioners should take a long hard look at adding the area
to the urban boundary where the zoning could be changed.
A discussion was held and the consensus was to leave the public
hearing open.
C~leeloner Goodnight ~:;ved, seconded by Com~ssionsr Shmnahan
and carried unanimously, that the urban boundary re.mtn the same.
Mr. Blanchard stated that 3 minor amendments to the Future Land
Use Map are recommended: l) add coastal beaches as part of
the area of environmental concern overlay, an Item Inadvertently
omitted when the Plan was adopted, 2) change of the map legend from
commercial activity center to mixed use because a misconception exists
that commercial activity centers can be developed entirely co~mercial
and this is not the intent, and 3) clarification and highlighting of
AUGUST 8, 1989
the coastal management area lying between the City of Naples and
Collier Seminole State Park south of Highway 4! to include an addi-
tional crosshatching, inclusion in the text of two paragraph~
describing the urban coastal fringe emphasizing an absolute ce/ling on
the number of development units proposed in that area of 4 units per
acre.
Barbara Henderson Cawle¥ of Wilson, Miller, Barton, Sol/ & Peek,
Inc., questioned the multi-use activity center concept? Mr. Blanchard
responded that the Future Land Use Element outlines criteria for
review of any commercial application, but it does not require residen-
tial development and simply states that they are mixed use activity
centers.
Atterne¥ George Varnadoe questioned if the urban coastal fringe
change specifying all vezones must be in the form of PUD's, which will
include Marco Island, is practical? Mr. Blanchard replied that that
could be removed. Commissioner Yelps stated it was a point well made.
Mr. Blanchard suggested that "must be" be changed to "recommended
to be In the form of PUD's"
Co~tesioner Shanahan ~oved, seconded by Co~aissioner .Hae~e and
carried unanimously, that coastal beaches be Included In the Future
Land Usa Map, the ~ap legend be changed from co~ercial mcttvtt-F
center to mixed use activity center, an urban coa~t&l frln~ section
be added with a change in the language to read: All rszonee are
recommended to be in the form of m Planned Unit Devmlol~ment.
Planner Sikowski stated that the majority of the Amendments to the
Traffic Circulation Element are updating and text and map corrections.
She reported that on Page 10 the existing traffic circulation map it
shows the adopted Levels of Service standards with changes reflecting
the new Levels of Service. She noted that in rural areas, S.R. 29 and
S.R. 82 have been changed from Level of Service "C" to Level of
Service "D", and that the Florida Department of Transportation has
created transitional urbanized area classifications including U.S. 41,
1-75, S.R. 84, changed from Level of Service "D" to "C". She indicated
Fags I0
AUGUST 8, 1989
that the displayed portion of S.R. 95! has been chan~ed from Level of
Service "E' to "D". She pointed out a new county Level of Service for
Bonita Beach Road at 150 percent of Level of Service "E" established to
avoid concurrency problems until an agreement between Lee and Collier
County Is reached to improve this roadway facility. She reported that
new Level of Service maxlmum volume tables adopted by the FDOT in
November, 1988 are included. She explained that these tables were
designed to use annual average dally volumes to determine peak seaso--
hal roadway conditions. She pointed out County roadways no longer
considered deficient by the new FDOT Level of Service levels:
Immokalee Hoad from U.S. 41 to Airport Road, Pine Rtdg~ Road from
41 to Goodlette-Frank Road, Pine Ridge Road from Shirley Street to
Airport Road, Golden Gate Parkway from Goodlette-Frank Road to Airport
Road, Airport Road from Radio Road to U.S. 41, U.S. 41 from the
north trail to S.R. 84, but U.S. 41 from Pine Ridge to Laurel Oak
Drive is considered deficient by the new Level of Service tables. She
explained that on Page 28, Table 3, the existing road inventory for
Collier County has been updated to show the 1988 annual average traf-
fic count for each roadway segment, new Levels of Service and roadway
capacities. She displayed the Capital Improvement Element map amended
to reflect the earlier version of the updated 5 year Improvement ele-
ment. She pointed out new roadways added and projects completed and
deleted from the element. In response to Commissioner Volpe she stated
that the north/souTh road, Camp Keyes, and the extension of Carson
Road have been added.
Transportation Services Administrator Archibald confirmed that in
the rural area 3 roadways have been on the County's 5 and 10 year road
plan with 2 roads added to the CIE. He explained that in the
Immokalee area, the extension of West Block and Carson Road have been
designed to take some of the traffic away from Lake Trafford Road and
address capacity needs in the Immokalee area. He pointed out that the
Camp Keyes Road between C.R. 846 and 858 is a future roadway providing
a shorter route between the rural area and Immokalee. I]% l'esponse to
Page 11
Commissioner Hasse, Mr. Archibald explained that Camp Keyes connects
C.R. 858 which goes through Orangetree and Golden Gate estat(~s con-
necting C.R. 846 and S.R. 29. He noted that road will provide a more
direct route and also serve the current farm and citrus areas as well
as future residential areas. In response to Commissioner Hasse, Mr.
Archibald explained that an agreement reached with the County requires
the property owners to provide right-of-way, undertake design, build
the roadway and drainage facilities up to and including the limerock
road base. He stated that when that construction is completed, the
County will put on a paved surface and provide maintenance for that
road. Commissioner Volpe questioned the authorized expenditure of
$250,00,, for that purpose? Mr. Archibald responded that it is being
added to the Capital Improvement Element to show the road within the
rural area, and to make the 5 and 10 year road plan consistent w~th
the roads identified in the Comprehensive Plan.
Growth Management Director Litsinger explained that the CIE goes
to the CCPC for public hearln~ on August 24, 1989 and to the Board of
County Commissioners on August 29, 1989 at which t~me this road will
be a part of the capital element the Board of County Commissioners
will be approving.
Commissioner Shanahan questioned how S.R. 951 from U.S. 41 to
Marco Island rated Level "E" iD 1987, by use of the 1988 traffic
count, is now brought to Level "D"? Ms. Slkowski responded that that
change is due to new standards adopted by the State in its new classi-
fication, transitlonary urbanized areas. He questioned how the County
went from Level "D" to "E" on S.R. 951 when it was in an "F" classifi-
cation?
Tape ~2
Transportation Chief Planner Perry explained that the standards set
are the minimum standards that must be maintained on the southern sec-
tion of S.R. 951. He noted that the State now sets "D" as a m~nimum
standard to be maintained, but the operating service level is still
"E" and will continue to get worse; and additionally, the State now
AUGUST 8, 1989
requires the County to adopt Level of Service "D" on this portion of
S.R. 951.
Commissioner Shanahan emphasized that nothing has changed, except
for the classification required by the State. Mr. Perry pointed ou't
that upon adoption of this Amendment, the road will be operating
beyond the acceptable Level of Service. In response to CommissioneF
Shanahan, Mr. Perry explained that in January a decision will have to
be made about S.R. 951, but noted that one saving grace is the new
category "backlog conditions" the State adopted which avoids an auto-
matic moratorium. He indicated that the County will not be put in the
positlen of changing the standard and immediately having to stop
issuance of building permits. He emphasized that the Board of County
Commissioners should consider that the State is asking Collier County
to try to maintain a higher level of service than they did last year.
In response to Commissioner Volpe, Mr. Perry responded that the County
can adopt a different standard if the County can 3ustify it. He
explained that Staff would be in a position to Justify keeping it at
the same standard the County adopted a year ago. Commissioner
Shanahan questioned if the County has the discretion to refuse to
accept "D" as the minimum Level of Service? Mr. Perry responded that
the Board of County Commissioners can direct Staff to leave the level
at "E" and write 3usttftcatton for that standard.
A lengthy discussion followed about changing Levels of Service
standards.
Commissioner Shanahan suggested that the Board of County
Commissioners consider directing Staff to make that change and leave
S.R. 951 at Level "E". Commissioner Volpe noted that there w~ll be
far reaching effects in a year or two, and Commissioner Shanahan
emphasized that the County will be in an untenable position if the
changes are not implemented.
Commissioner Volpe noted that U.S. 41 from Pine Ridge Road to
Laurel Oak Drive's Level-of-Service was changed. Mr. Perry reported
that the County is not changing the standard, but rather showing an
Page
AUGUST 8, 1989
existing deficiency.
eeeeeGonissioner Saunderl abeent from meetingeaSe"
In response to Commissioner Volpe, Ms. Sikowski replied that U.S.
41 from Lee County line south to Old 41, 1-75 to C.R. 951, S.R 84 from
County Barn Road to C.R. 951 will go from Level of Service "D" to "C".
She pointed out S.R. 82 and S.R. 29 on the displayed map will go from
Level of Service "C" to "D". Commissioner Volpe questioned existing
Level of Service on Davis Blvd. in the S.R. 84/County Barn area? Mr.
Perry replied that as a result of a 1988 analysis it has not been
looked at currently, the entire length to Santa Barbara was operating
at Level "B", and Santa Barbara to C.R. 951 was operating at Level
"A". He pointed out that the portion from Santa Barbara to C.R. 951
being changed is not the worst portion, but one part between County
Barn and Santa Barbara will be, and the County has plans to four-lane
that road this coming year.
Mr. Perry recommended that posturing the position of setting stan-
dards and Justification for the County has merit and may be the better
approach.
Commissioner Shanahan moved, seconded ~ Co~Issloner ~ight
~d c~ried 4/0 that Staff ~ directed to leave the Leal of Sl~tce
~d accept ~he reco~endatAons ~d ch~ges of Staff on all o~her
pro~als. (co~issioner Saunders absent).
Planner Laverty reported that there are two changes ~n the Capital
Improvement Element that are exactly the same as ~n the Transportation
Element. He noted that Bonita Beach Road will be changed from Level
of Service "E" to ~50 percent of "E" and the changes In the levels of
services An the transit]onized urbanized areas will be made as theW
were di:'ected ]n ~he Transportation Element.
In response to Commissioner Volpe, Mr. Laver~y replied that one
process ]sa formal e]ement process changing policies and adopted maps
or any other adopted port,on of the plan and the annual u~date of the
Capital Improvement Element ~or costs, revenue sources and financially
Page 14
AUGUST 8, 1989
feaslble changes. Mr. Lltstnger explained that the amendment being
reviewed and approved today would not be reflected tn the Capital
Improvements Element update and its cost. He stated that the CIE
update the Board of County Commissioners will review this month Is
based on the Level of Service standards appearing in the document
today.
Comiasloner Shanahan moved, seconded by Commissioner Goodnlght
~nd carried 4/0 that Staff'm reco~umendations for A~end~enta of the
Capital I~prov~nt Element ~ approved. (Co~tseloner
a~ent).
Mr. Laver~y reported that the changes for recreation and open
space encompasses only changes adopted on the maps. He stated that
all parks and open space facilities were sited to impact fee d/strict
maps. Commissioner Shanahan pointed out that existing public beach
boa~ ramps, access parks, etc. are all identified on the maps.
C~isaloner S~~ ~, ~econded ~ Co~taei~er Vol~ ~d
carrt~ 4/0, t~t Staff's reco~ndattons for ~n~nts for Recreation
~d ~n S~ce Ele~nts ~ appr~ed. (Coalsston. r Sanders
*~*~W Clerk Hoff~ replac~ N~W Clerk lraft at this
Growth Management Director Lttstnger explained that the proposed
amendment under General ~equlrements Is a revision to the time schedu-
les for review and adoption of future amendments to the Plan, and a
fl/lng fee Increase for proposed amendments. He stated that an annual
amendment process ts required by Chapter 163 F.S., and it provides for
a schedule of up to twelve months, but noted that the current schedule
la le-s than twelve months. He indicated that since adoption of the
Plan tn January, it has become evident that changes to the schedule
are necessary:
1. The current schedule places unnecessarily tight constraints
on Staff's time for review tn consideration of the complexity
of many of the amendments and their potential l~pact on Indi-
vidual landowners and the quality of life tn Collier County;
2. The current schedule is unrealistic as it applies to the
Capital Improvement Element Up-date since the cur=she sche-
dule calls for submission to the Department of Community
Affairs tn the middle of May. He advised that t~
Impossible to complete the CIE Up-date without ?avallellng
the annual budget process which ts coapleted on )uly 15;
Page 15
3. The original submission of the Growth Management Plan to DCA
on August 1, 1988, and its subsequent adoption on January 10,
1989, establishes these two dates as logical and practical
key dates for future annual amendment transmittal and adop-
tion.
Mr. Lltstnger indicated that the Commission had previously
requested that Staff fey.Jew the current filing fee as to whether or
not it should be adjusted to reflect the cost of review and amendment
process. He advised that: the CCPC has reviewed this amendment, and
they are recommending adoption.
Mr. Litsinger called attention to Page GR-41 of the proposed
amendment, Paragraph Bg, noting that this will most likely require
discussion since the intent to adopt an extraordinary vote as a
necessity to adopt Plan ~mendments is in question.
County Attorney Cuyler advised that he has reviewed Staff Reports,
Executive Summaries, Minutes, Transmittal Letters, and the adopting
Ordinance, noting that there has been quite a bit of confusion. He
indicated that he has determined that the Board of County
Commissioners did not haue the intent to, and did not adopt the amend-
ment process as part of the Growth Management Plan. He noted that as
a result of the Resolution, a 4/5's vote is required to amend the
Plan, but the question is whether the language in the Resolution was
adopted as part of the Comprehensive Plan. He advised that he has
determined that this language has not been adopted as part of the
Plan. He explained that in the index of the materials that were
distributed to the public, there is an asterisk by a heading which
includes this item, and indicates that it has been adopted, but that
is not wb:~t the Board adopted. He stated that this is not a rquired
item to be adopted, but Staff does not object to incorporating this
into the Comprehensive Plan, but the question then becomes whether
this should be adopted with a 3 vote requirement or a 4 vote require-
ment?
In answer to Commissioner Volpe, Mr. Lltsinger replied that Staff
is asking the Commission to approve changes to the ame~4~.lnt process,
but the issue as to whether or not this is an adopted portion of the
Page 16
Plan is another issue. He advised that the Plan must include an
amendment process, and :It is the position of the County Attorney that
this has not been adopted. He indicated that there is no requirement
that the amendment process be adopted, but only that it be ldentified
in the Plan.
Attorney George Varnadoe stated that the advertisement for the
adoption of the Comprehensive Plan stated that one of the items that
would be adopted was a Plan amendment process, and he is requesting
that the Board consider this. He advised that the Comprehensive Plan
as distributed to the public and DCA includes this, and has not been
"asterisked out". He noted that a super majority is required for
zoning changes in Collier County, and it seems inconceivable to him
that the Growth Management Plan can be changed with three votes, and
yet it takes four votes to implement the Plan. He indicated that the
Plan may be amended once a year as a matter of course, and one more
time a year, if the Board of County Commissioners feels it is
appropriate. He stated that the Statute allows for the Plan to be
amended as a matter of course twice a year, and he is suggesting that
the Commission preserve the right to amend the Plan twice a year, as
opposed to the once a year that is written into the amendment process.
Mrs. Cawley stated that if a DRI comes in, it needs a PUD amend-
ment, and a Comp Plan amendment, and there ks a triple charge for this
type of review which can be very expensive for some pro3ects. She
noted that there is exemption language relating to the time frame for
DRI's, and suggested that exemption language also b~ included for the
fees.
Planning Services Manager Baginski advised that under the current
Ordinance and fee schedule, there is a separate fee for a
Comprehensive Plan amendment, and a separate fee for DRI processing
and review, and also rezoning. He indicated that he does not ob3ect
to including language relating to the amendment of the Comprehensive
Plan being addressed within the DRI fee.
AUGUST 8, 1989
Include the language of the a~end~ent process in the 0o~p Plan, and to
also Include exe~rptton languag~ relating to
In answer to Commissioner Volpe, County Attorney Cuyler advised
that the amendment language ts not required by Statute to be adopted,
and procedurally, it ts easier to change the Plan without the adoption
of the lan~age.
C~t~loner H~se wtth~ ht~ ~econd ~d the ~tt~ di~.
C~t~lo~r Vol~ ~ed, second~ ~ Co~tsstoner S~ ~d
carrt~ ~i~sly, to close the ~bltc hearing on the ~~nts to
the Co~re~t~ PI~.
Co~lseloner Haese ~o~, seconded ~ Co~tsstoner Vol~ ~d
carrt~ u~l~aly, to approve the ~n~ents to the Co~rehe~i~
Pi~, ~ presented ~ Staff.
Cmtset~er Vol~ ~d, seconded ~ Co~tsstoner H~ee ~
c~rt~ 4/1 (Co~tssloner Sh~ op~eed), to adopt Resolution
89-199 ~dtng the Gr~h ~ge~nt PI~ ~ re~tng T~ ~n~nt
1~~, ~d Including the exertion l~ge r~ardtng DRI~e.
County Attorney Cuyler advised that a second public hearing
be held on these matters prior to January 10, 1990.
C~tsetoner Vol~ ~v~, eecond~ ~ Co~t.~eloner H~ ~d
c~rt~ ~t~sly, that Resolution 89-200 ~ adoptS, for the
tr~tttal of the Gr~h M~a~nt Pi~ ~en~nts to the
of C~t~ Affairs.
Page 18
AUGUST 8, 1989
**" Recess 11:15 A.M. - Reconvmnsd 11:30 P.M. ess
.es ¢onteeionsr Saundere left the meeting at this tt~ ss,
Its ~Cl
~SOL~ION 89-201, PITITION S~-89-9, J0~ S. ~ELL OF ~S~ ~
B~O~, INC., ~P~SE~ING LEON RIC~DS, ~ S~DIVISION ~ P~
~OV~ ~R I~ERI~ P~CE - A~D S~JKCT TO STI~TIO~
Legal notice having been published in the Naples Daily News on
July 2, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition SMP-89-~, flied
by John S. Kettell of Halstead and Bellhorn, Inc., representing Leon
Richard~. requesting Subdivision Master Plan approval for Imperial
Place, to be located on the south side of Imperial Golf Course
Boulevard, approximately 1/2 mile east of U.S. 41, tn Section 15,
Township 48 South, Range 25 East, containing 20.30 acres.
Planning Services Manager Bagtnski reported that the Petitioner
ts requesting a Subdivision Master Plan approval for Imperial Place
Subdivision. He advised that the lands to the north, east and west of
this project are Imperial West PUD. He Indicated that zoning to the
south is A-2 and A-2"ST", and is undeveloped. He noted that the
property ts bound on the east by a 100' FPL easement, and the proposed
use is for 60 lots on 20.3 acres. He advised that the property is
Tract "D" of the Imperial West PUD which allows for zero lot line
housing, and the gross density of the project will be 2.95 units per
acre.
Mr. Bagtnskl explained that as part of the review, the Subdivision
Master Plan was compared for consistency with the adopted PUD Master
Plan, and it was Identified that the proposed development include all
of Tract "D" and 4.7 acres of Tract "E". He noted that in addition,
there is a proposal to move the existing cul-de-sac and modify the
lake area. He indicated that Staff reviewed the SMP and found that
the overall number of units permitted within the subdivision will be
reduced from 78 units to 60 units and the roads and the lakes have not
bee:; :elocated more than 200' as allowed within the origCnal PUD docu-
ment. He stated that since a portion of Tract "E" wil? be used within
Page 19
AUGUST 8, 1989
this SMP, Staff is recommending that a fractionalization plan be sub-
mitted for Tract "E", to reduce the maximum number of units consistent
with the reduction of acreage: 6 unite per acre, 9 4.7 acres for a
total of 28 units, thereby, reducing the maximum allowed units in
Tract "E" to 86 units from 114 units. He noted that because the
layout of the road is in a different configuration, Staff ts recom-
mending that Tract "D" provide access to Tract "E" and identify the
commitment to provide access on the recorded plat. He stated that
with these stipulations Staff finds that the proposed changes are
minor.
Mr. Baginskt stated that a final issue to be reviewed is the
right-of-way dedication on Imperial Golf Course Boulevard. He advised
that there were two separate stipulations within two separate rezoning
petitions that addressed the dedication of right-of-way on this road,
noting that the second rezoning and stipulation stated that the pre-
sent right-of-way width shall remain at 60' He explained that since
the second stipulation came after the first stipulation, Staff feels
that there does not appear to be a requirement for additional right-
of-way dedication for future four-laning.
Mr. Bagtnskt reported that the CCPG recommends approval of this
SMP, with an additional condition that states:
The Petitioner shall pay a proportionate fair share of any traffic
signal that may be required at the intersection of Imperial Golf
Course Boulevard and U.S. 41.
Mr. Dwight Richardson, of the Imperial Golf Estates Homeowners
Association, stated that he appeared before the Collier County
Planning Commission on July 20, 1989, and raised a number of issues
regarding this project. He advised that subsequent to the CGPO
meeting, the petitioner contacted the homeowner associations in the
impacted area, and the issues of concern were addressed, and have been
mutually resolved. He provided a copy of his comments, dated August
8, 1989, to be included in the record (Exhibit "A" on iii9 in office
of Clerk of the Board). He noted that security arrangements, as
referred to as "Plan A" (the preferred plan), and "Plan B" have been
O("
Page 20
~UGU~ ~, 1989
worked out with the developer. He stated that he believes that this
project should be approved.
Mr. 3ohn Kettell, representing Mr. Leon Richards, stated that the
cul-de-sac design has been submitted for approval by the f~re depart-
ment, and a letter is on file with the site review which states that
this design is acceptable.
Commissioner Volpe noted that Mr. Richardson stated that
agreements have been reached with the developer regarding the security
gates and construction traffic, and questioned whether these could be
includei as stipulations for approval of the SMP7 Mr. Kettell replied
that he will submit a letter to Mr. Bagtnski regarding the construc-
tion entrance, but noted that neither his client nor the Homeowners
Association owns that road. He advised that Whispering Pines owns
that road, and their permission is necessary to do etthe. "Plan A" or
"Plan B" He indicated that he has agreed to design this road for the
Association at no cost to them, but he does not feel that this should
be included as a stipulation as per the site plan. He further noted
that construction vehicles will not be passing by the g~ardhouse, but
will Gain access to the site through the woods.
In answer to Commis~toner Volpe, Mr. Kettell advised that there ts
an existing 20' utility easement on the northern property line which
is the south easement l~[ne of Imperial Golf Course Boulevard, and that
20' can be dedicated so~e time in the future as a right-of-way.
Commissioner Shanahan questioned whether it would be of value to
include a st~pulation indicating that this developer ts willing to set
aside, if necessary, the additional 20' that he has available? Mr.
Kettell replied that if some time in the future the road becomes four-
laned, his client has the capability to deed the land for the ease-
ment, and provide his fair share of the cost of the improvements of
that road.
In answer to Assistant County Attorney WeiGel, Mr. Kettell stated
that the property will be own.~d by the developer and the easement
that is existinG on that land will transfer to him. He stated that
Page 21
AUGUST 8, 1989
this is a recorded utility easement with two force mains, and one of
the force mains will require relocation if the road is widened.
Mr. Baglnskt advised that Staff will add an additional stipulation
that will require the reservation of the 20' along the northern boun-
dary of this proposed project.
There were no other speakers.
C~isstoner Shmnmhan loved, seconded
and carried 4/0, (Co--isotoner Sanders absent) that the ~bl~c
C~os~o~r S~~ ~d, ascended
~ c~rt~ 4/0, (Co~issioner Sanders absent)
lesolutt~ ~S-101 ~ adoptS.
Pags 22
lt~ #12B
AUGUST 8, 1989
BOARD OF COUNTY COJt0~IISSIONKRS TO PARTICIPATE AS NKCKSSARY TO KXPKDITK
R~OLUTION OF PETITION THAT HAS BEEN FILED BY THE RESIDENTS OF
RATIONAL RKNOURISHMXNT
Commissioner Shanahan stated that since the meeting of last week
regarding the beach renourishment on Marco Island and the administra-
tive hearing, he has received several calls from local residents
voicing their concerns about the delay in beach nourishment of 9-12
months. He explained that there has been a great deal of time and
money spent to bring the program where it is now, and a number of com-
mitments have been made which implied that the hotels would have a new
beachfront. He indicated that he is hopeful that Staff and the
Advisory Committee can expedite the administrative hearing process so
that there will not be a long delay.
Mr. Frank Blanchard, Chairman of the Marco Island Beach
Renourishment Committee, explained that last week negotiations were
taking place for a position on the September 14th Governor's Oabinet
Meeting, wherein, it was believed that a permit would be received
since all of the stipulations of DER and DNR have been resolved. He
noted that last Tuesday, it was learned of the citizen requesting a
review. He stated that he has been advised that once the hearing exa-
miner is appointed, a 9-12 month process will begin, and he is
requesting that the Commission intervene and try to resolve differen-
ces in the point of view, prior to the time that a hearlng officer is
assigned. He suggested that a conference with the petitioner, DER,
DNR and the Advisory Committee may resolve the differences to an
alternate that is acceptable by all parties.
Tape ~3
Mr. Blanuhard stated that he is recommending that Tallahassee
Attorney Deborah Gessdorf, of the Fowler White firm, be engaged to
assist the County legal staff. He advised that she is familiar with
the Marco pro3ect, her office is in Tallahassee, and she had some of
her earlier training as part of the DER legal staff.
Commissioner Volpe indicated that the gentleman who filed the
Page 23
AUGUST 8, 1989
request for the administrative hearing stated that he is willing to
participate in a discussion, and questioned whether Mr. Blanchard's
committee has met with him? Mr. Blanchard replied that his group has
not met with Mr. Feldmann since last Tuesday, but his group has
discussed and agreed to convene a session with DER, the petitioner,
and themselves to look at the viable alternates.
After a lengthy discussion regarding the services of Attorney
Gessdorf, it was the consensus of the Commission that County Legal
Staff be designated as counsel in this matter.
C~tsaloner Volpe moved, seconded by Contsstoner Shmnahan and
carried 4/0, (Co--lseloner Saunders absent) that the Board of C~unt-F
Co~miaal~mers participate in whatever level is required in order to
obtain an expe4itious resolution of the petition that has been f~led
b~ th~ ~.e~idents of Rational Rsnourishment.
Xtal e?A1
~K$OL~TXON 89-202, PETITXON FDPO-89-5, JACK R. BO~K~, RONTO
DH"FE~O~ MA~CO, R~QU~$TING A 5.5 FEET REDUCTION FK~ TH~ F~OOD
I~ RATE MAP FOR HIDEAWAY BRACH, PHASE III OF ROYAL MA~CO POINT
Legal notice having been published in the Naples Daily News on
3uly 23, 1989, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition FDPO-89-5, filed
by 3ack R. Bowers, Ronto Developments Marco, representing Royal Marco
Developments, requesting a 5.§ foot reduction from the Flood Insurance
Rate Map (FIRM) 12.0 feet National Geodetic Vertical Datum (NGVD)
requirement to 6.5 feet, NGVD, in accordance with Ordinal.ce No. 87-80,
for property described as Government Lot 4 of Section § and part of
Government Lots 3 and 4 of Section 5 and part of Government Lots 3 and
4 of Section 6, Township 52 South, Range 26 East, Marco Island,
Florida. The petitioner desires to build a pool cabana in Phase 3 of
Marco Point Condominium.
Planner Saadeh stated that the petitioner is proposing to
construct a pool cabana at an elevation of 6.5 feet NGVD instead of 12
feet NGVD as required by the FDPO. He advised that the owner has been
Page 24
notified and has acknowledged by letter that the granting of this
variance may have a significant effect on the cost of obtaining flood
insurance. He indicated that Staff is recommending approval of sub-
Ject petition.
Mr. Jack Bowers of Ronto Developments explained that the variance
as requested for the =abana, is to house the restroom facilities at
the poolside.
Commissioner Volpe questioned the size of the facility, to which
Mr. Dowers replied that the size of the cabana building will be 20~ x
20'
Commissioner Volpe questioned what the construction standards are
for building in velocity zones? Mr. Bowers stated that the building
is engineered to meet all requirements, noting that this is a concrete
building which sits on pilings.
Commissioner Vo~pe indicate(] that it appears that in order to eli-
minate the requirement fo= the 100~ ramp, the petitioner is requesting
that the caban~ be built at ground level. Mr. Bowers replied aff~r-
mativel¥.
Commissioner Hasse questioned whether the building contains a
floor drain, to which Mr. Bowert~ affirmed that the facility does have
a floor drain.
Commissioner Volpe noted that he has concerns in terms of locating
this type of facility in a high hazard area.
Go~tae~on~r Shanahan moved, seconded by Commissioner GOO~l~g~t
~d c~rl~ 4/0, (Co~eeione= Sanders absent) to close ~he ~b~c
hearing.
Co~se~oner Sh~ moved, eecond~ ~ Co~aaloner Go~ght
~d c~rl~ 3/1 (Cmleoioner Vo/~ op~eed ~d
a~t), to a~r~ ~t~t~on ~PO-89-5,
AUGUST 8, 1989
RXC~.ARD E. BRAUN ~[ PROPOSED PROGRA~ I~OR ROAD I[~PROV~i~NT$ l~ T~E
GOLD~ GAT~ ESTAT~!~ SUBDIVISION - NO ACTION
Mr. Richard Braun, Director, Golden Gate Area Taxpayers
Association, stated that he has submitted documents relating to this
item from State, Federal and local public record.
Mr. Duane Billington of the Golden Gate Area Taxpayers Association
referred to a displayed chart which proposes to combine road trust
funds monies which have been slated for the paving of the roads in
Golden Gate with the canal fund ~onies, and $257,576 which the County
has received from the sale of spoil bank revenue. He advised that if
those funds are combined, the total amount will be over $1.7 million.
He indicated that he is asking the Gommission to consid(~r paving 38
miles of roadway at an estimated paving cost of $707,294, leaving the
fund balance at $1,044,382. He noted that the base prep~.~ation would
have to be done by County forces, or the above revenues would need to
be augmented by additional dollars, and the base preparation
contracted out.
Mr. Btlltngton advised that at the present time, there are 5 miles
of roads with 4 homes per mile density; 12 miles of roads with 3 homes
per mile density; :[3 miles of roads with 2 homes per mile density; and
11 miles with 1 ho~e per mile density. He explained that if the rate
of growth continue~ at 15%, it will be two years before any additional
paving would be performed, 4 years before the next paving would nee~
to be performed, and 6 years from now 13 miles would need to be paved.
He indicated that If the 38 miles were to be paved right now, and it
will take two more years before additional paving would be required,
the fund balance w.[ll grow to over $1,250,000.
Transportation Services Administrator Archibald stated that the
purpose of the road trust fund is to act as a "sinking fund" with the
idea of using the interest to make improvements. He indicated that he
does not believe that the Commission has made the decision to use the
Page 26
AUGUST 8, 1989
principal, although that is an option to be considered.
Commissioner Volpe stated that he recalls from prior discussions
that there is a difference of opinions regarding the spoil bank reve-
nue. Mr. Archibald replied that that there are currently no dollars
in any fund that r~present those dollars that may have been collected
years ago, adding ~hat there is no dollar amount which reflects what
the County has spet~t. He indicated that the position that he has
taken on this issue is that in looking at some of the costs and some
of the revenues over a ten year period, it appears that the costs
incurred by the County exceeded the revenues received from the deve-
loper. He advised that the amou,%t that the County came up with was
$100,000, and during that same time frame County inspectors were per-
forming certain functions to keep track of what the developer and
contractors were doing, and the County's General Fund ended up sub-
sidzing the costs for the inspection and monitoring services which
ranged in the amount of $8,O00-$10,000 per year, and over a ten year
period, that amount was comparable to what the County received.
Mr. Btlltngton stated that there is an agreement entered into bet-
ween Cull America $~nd Collier County on June 6, 19[?. He cited some
points in the agree~ment beginning with "Now, Therefore, the Parties
Agree as follows: all roads and streets shown on the plans of Golden
Gate Estates to be paved by Gulf s~,ouAd be constructed but not paved
until the expiration of two years so that upon acceptance by County
for maintenance the paving will be new." He pointed out that this
proves that Gulf was responsible for paving of the roads. He noted
that Item 2 citing: "Nothing herein contained herein contained shall
alter in any way any other agreement between the parties, including
security contracts, except as specifically mentioned herein, and Gulf
shall not be considered in default under any security agreement for
not having paved said roads and streets until the expiration of two
year term". He indicated that securities and performance bonds posted
would guarantee paving of these roads in the estates.
Page 27
Mr. Bllltngton reported that on October 4, 1977 Collier County
entered into another agreement and the roads had still not been paved.
He indicated that in the October 4 agreement, funds were provided to
handle the paving. He pointed out that County Minute Book 39, Page
33, although difficult to read, says: "The funds were being conveyed
to the County for capital Improvements and maintenance of roads and/or
canals in the Golden Gates Estates subdivision." He quoted Board
minutes dated August 1, 1978 whereby Fiscal Officer Hall asked speci-
fically if funds received for roads could be used for canals and the
funds received for canals could be used for roads, and received an
affirmative answer from the Commission and the County Attorney. He
pointed out that the funds were originally Interchangeable and when
the monies were originally conveyed they were put in one trust fund,
not segregated until a later date by an act of the Board of County
Commissioners. He noted that the agreement whereby the ~unds were
conveyed was entered into by the County and court appoint~0d receivers
of GAC Corporation, and the FTC is sensitive about how the funds are
utilized. He emphasized that they must be used tn Golden Gate Estates
and nowhere else. He indicated that the County loaned South Florida
Water Management wheat harvesters to use tn Lake Okeechobee and the
FTC reported to Collier County that was a violation of the use.
Mr. Billington stated that the funds were divided into 3 sections,
a dollar amount for the paving, initial maintenance and canal main-
tenance. He noted that the initial maintenance is usually a one year
porlod and that period expired in 1975. He suggested that the funds
should be used for the paving, and maintenance money should not be
charged against it. He pointed out that the County has been obligated
to maintain these roads since 1977, and if they have deteriorated so
that they cannot be paved, {he Board of County Commissioners may make
a policy decision favorable to the people in the area who have pa~d
taxes for 22 years on those properties, with minimal demand on County
services. He pointed out that the major portion of growth there has
been in the last 5 years.
Page 28
In response to Commissioner Hasse, Transportation Services
Administrator Archibald replied that the funds are shown in the budget
preparation used in Maintenance District 3 for the limerock roads in
the estates. He noted that north of the alley, there are 185 miles of
limerock roads, and the County is maintaining 95 mi/es. He reported
that the maintenance costs are under $300,000 for 90 miles of limerock
roads on an annual basis. A discussion followed about cost per mile
to maintain paved and unpaved roads.
Mr. Archibald indicated that paving substantial miles of roads
would reduce maintenance, keeping in mind that growth effects the
number of miles to be maintained. He reported that after improving
roadways, ten homes are built within a year, but for the next few
years no homes are built because the price of the property goes up
when roads are paved. He stated that from east of C.R. 9§1, there
are fewer paved roads.
A lengthy discussion followed about the cost of pavin~' the roads.
Mr. Billlngton displayed a diagram showing graphs in relation to
paving costs tn the past and future. Commissioner Hasse noted that
Staff will meet with various people to determine the monies available.
In response to Commissioner Volpe, Mr. Archibald replied that
interest rates were higher on the $1,000,000 principal and as the
interest rates drop the amount of money available for paving roads
lessens. Mr. Archibald pointed out that in the last 2 or 3 years the
County fell behind and needs to improve more roads In the Golden Gate
Estates and if these roads are not improved the maintenance will
increase. He reported that two sources of revenue are being con-
sidered: l) earned interest and 2) possible taxing district. A
discussion fo/lowed about the amount of money in the spoil bank
account. In response to Commissioner Volpe, Mr. Archibald reported
that no principal has been used from the trust fund. Commiss~oner
Hasse indicated that the taxpayers will have to make the decision to
use the principal to pave roads and understand that the interest will
be reduced. In response to Commissioner Shanahan, Mr. Archibald
Page 29
AUGUST 8, 1989
responded that during the early years of this program, building
ltmerock roads and using Road and Bridge employees to maintain them
was not Included tn the invoicing and the County absorbed some of the
operating cost. He emphasized that due to the fact tha= limerock and
aggregate used in asphalt comes from Collier County, the price is
stable for the material.
Commissioner Shanahan reported that this issue should be resolved
and Commissioner Volpe concurred, but pointed out different commit-
ments for funding may be necessary.
Mr. Bllltngton r~ad board minutes from July 11, 1978 wherein
Commissioner Wenzel stressed that the Board should adopt a policy
that future road work done in Golden Gate be based on the assessment
method and Commissioner Wtmer commented that this could not be done as
the County has accepted these roads for maintenance and ownership. He
noted that after the Resolution was passed, Commissioner ~tmer
dissented and stated that the agreement will come back to l~aunt the
Board of County Commissioners and the taxpayers in the future. He
reported that the Board of County Commissioners could make a policy
decision to augment the funds available and do something substantial
at this time to ensure future cost saving and a positive impact on the
community.
Commissioner Volpe complimented Mr. Bill~ngton on his presen-
tation. He questioned Assistant County Attorney Weigel if imple-
menting a special taxing district Is legal tn Golden Gate Estates?
Attorney Wetgel Indicated he would provide a review and report back to
the Board of County Commissioners.
In response to Commissioner Volpe, County Manager Dorrlll stated
he was under the Impression budgeting for 89/90 was covered three
weeks ago with the program the Board of County Commissioners accepted
and Staff would elaborate on the budget details at the budget
workshop. He pointed out that spending the principal to expand on 'the
paving seemed to be an indication of the Board of County Commissioners
and also Staff is to seek other ways to reimburse that fund. He
Page 30
AUGUST 8, 1989
explained that s.~ekfng other revenues from trust funds available
relative to canals and drainage needs can also be discussed.
Commissioner Hawse emphasized that the County Attorney and Staff
should meet to d~.scuss these issues. Commissioner Volpe suggested
that the report provided by the Taxpayer's Association can be analyzed
by Staff.
It was the consensus of the Board of County Commissioners that the
Staff and County Attorney meet to discuss the issues and the Tax-
payer's AssociatiDn report be analyzed by Staff.
Mr. Richard B?aun stated that he would like to discuss the
feelings of the G,)lden Gate and Golden Gate Estates people.
Commissioner Hass~? stated that full cooperation between the parties
has been provided today and his views can be given at a meeting with
Staff.
Item ~9A!
CLARIFICATION CONCERNING LAND PROPOSED FOR 162 HOTEL UNITS LOCATED AT
THE NORTHWEST CORNER OF VANDERBILT DRIVE AND VANDERBILT BEACH ROAD -
100 FOOT HEIGHT MAXIMUM, CONDO/HOTEL APPROACH, ACCESSORY USES -
PRELIMINARY SITE DEVELOPMENT PLAN MUST BE SUBMITTED PRIOR TO
NOVEMBER~, l g8%~R LOSE VESTED RIGHTS - APPROVED
Planner Scl~eff ~tdt~d ti,at Staff requests clarification for land
proposed for 162 units, formerly known as Connors Vanderbilt Beach
Project or the WtnJward Cove located on the northwest corner of
Vanderbilt Drive and Vanderbilt Beach Road. He passed out location
maps of the site (:oples not provided to Clerk to the Board). He
indicated that on November 3, 1987 the Board of County Commls%ioners
rec¢~nized the ves~ed hotel use of this project subject to spec~flc
conditions as noted ]n the Staff report. He reported that in 1988 the
Board of County Commissioners approved a one year extension for the
project based on 1')81 buildinG permits for 10 stories and the present
C-3 zoning for thi:~ district allows a maximum of 50 feet with provi-
sional use criteri~ allowing up to 100 feet. He explained that
currently more than one party has expressed an interest in this pro--
perry; the Sheraton Suite Resort includes a ballroom, boardroom and
entertainment room in addition to the components listed on the chart
Page
AUGUST 8, 1989
on Page 3 of staff's report and Orchid Island of Naples, a retirement
hotel including special care units, beauty/barber shop, convenience
store, arts and crafts room and library. He noted that three issues
need to be addressed: 1) height - the original permits wei?e approved
for 10 stories in 198! and a review of the minutes of the 1787/88
board meetings address the 10 story issue but the issue of vesting has
to be clarified; 2) accessory uses to a hotel - the previous plans
submitted in 1981 contain approved building permits for a specific
hotel, but the 2 proposed projects are new with additional accessory
uses and 3) application for a building permit - Items "d" and "e" on
Page 2 of the staff report show that the owner is required to prepare
and complete conf{l z-~]ct ~o~ i~]ans and ap[,]y for a new building permit
within one year of November 3, 1987 and in 1988 a one year extension
was granted. He noted that in March of 1989 a new site development
plan review process requiring more time was adopted.
Commissioner Coodnight noted that Orchid Island of Naples ~s far
superior to the Sheraton Suite Resort, but the Board of County
Commissioners went on record in support of vested use, and she feels
that the Sheraton Suite Resort should be allowed to pull their
building permit or be given a waiver to pull the building permit at
a later date. Ir] response to Commissioner Volpe, Commissioner
Goodnlght pointed that unless the building permit is obtained by
November i, 1989 the owner's right to such vested use shall ~xpire.
Planning Service~ M;~uGer Baginskl stated that the language "shall
apply for a building permit" is ambiguous and should be clarified by a
two step procedure. He explained that under the new procedure the
applicant must get staff approval for preliminary and constructic~%
drawings before he applies for his building permit. He suggested the
applicant submit appropriate preliminary documents showing good fa/th
before applying for the building permit.
In response to Commissioner Volpe, Mr. Baginskl replied that the
uses proposed are condo/hotel, such as The Registry, where rooms are
AUGUST 8, ]989
purchased fee simpl~ at~d used fo~' rental purposes and the concept pro-
posed by t~.lc applicant ix similar.
Mr. Peter 3. Takos stated that Anthony Musca ls the owner of the
property and has entered tn 'o an agreement to sell the property to
Orchid Island of Naples, Ray Smith of Bentley Village and Michael P.
3ones of 3ones and Francoeur. He pointed out that the permits are
valid for a ten-story structure with a restaurant on the top floor
and certain common areas for the hotel and its guests. He explained
that every set of plans addressed height of 100 feet and the concept
condo..']~otel was instrumental in the financing and marketing of the
property. He indicated that at one time the developer was going to
build 140,000 square feet of retail and office space with eight
restaurants and parking for 1,016 cars. He stated that in 1985
Collier County was floatin§ the bond Issue to serve the Vanderbilt
Beach and North Naples area and was not in a position to return the
$4OO,000 impact f~es. He reported that a compromise was reached and
the ow.,er agreed to drop 79 units on the front parcel and build 162
units. He emphasized that today the ~ses are no mo~e intense than
originally permitted. He assured the Board of County Commissioners
that Mr. Musca will not ask for an extension beyond November 3, 1989
for his building permit and explained that the facilities in Orchid
Island are for owners and will not be available to the public. He
pointed out that all amenitles are on the 10th floor and the con-
venlence store, b(.auty/barber shop etc. are all designed for the
elderly. He explained that the this will be a self contained environ-
ment for the elde~'ly and will fill a need, not create a demand.
Commissioner Volpe questioned if either proposal would require
entire acre size? Mt'. Takos replied that Parcels 1, 2, 3 and 4 are
being; purchased f¥om Mr. Musca totalling 5 acres. Commissioner Volpe
questioned the reason for difference ]n the number of square feet?
Mr. Scheff responded that irt 1981 the number of square feet was
measured by ruler and graph while the new proposals are based on what
the developer is ~,lanntng to do.
Page 33
AUGUST 8, 1989
Commissioner Volpe questioned ten stories accommodating 22~.000
square feet? Mr. Takos replied that the plan proposed is U-shaped
with 162 units and the first 2 levels will be covered parking. In
response to Commis~ioner Volpe, Mr. Takos replied that the building
height will be 100 feet.
Commissioner Shanahan questioned if the accessory needs would
apply to either the Sheraton or the Orchid Island proposals for
building height, condo/hotel concept, accessory uses and obtaining the
building permit by November 3, 1989, and is that what the Board of
County Commissioners is approving? Mr. Baginski replied "Yes, sir",
and stated that the proposals meet the criteria discussed. He empha-
sized that the 162 units pertain to the entire parcel. Mr. Takos
indicated that Mr. Musca is aware of that.
A discussion followed about the 2.9 acres that are not develo-
pable. County Attorney Cuyler explained that the property owners can
place their density where they choose to and leave the remaining acres
vacant.
Co-~tssioner Shanahan moved, seconded by Co,missioner ~oodntght
and carried 4/0, that the maximum number of ~tts for this proJec~ ts
162, the ~1~ building height ts 100 feet, the facility tm to ~
condo/hotel t~ with ~ccessory uses so descried tn the Stsff re~rt,
~d that the preltstnaU site developsent pl~ must ~ nbmtttsd
~ N~r 3, 1989, or they will lose their vested rightm.
(Coalmmtonmr S~i~rm ~bselit).
Item~l
BID ~8g-li~l TO ~I~ER RO~S INC. IN THE ~0~ O~ ~32,120,~0 ~R
~LIC ~ID~/BI~AY I~RO~S ~TINO TO ~ ~0~ ~TE
T~CE ELegY SCHOOL - AWNED
Legal notice having been published in the Naples Daily News on
July 19, 1989 as evidenced by Affidavit of Publication flied with the
Clerk, bids were received until 2:30 P.M., Wednesday, August 2, 1989,
to consider Bid #89-1452 for sidewalk improvements.
Transportation Services Administrator Archibald reported that this
is a recommendation to award a construction contract for the
bikeway/sidewalk in Golden Gate City concurrent with development of
Page 34
AUGUST 8, 1989
the site by the School Board for the new elementary school called
Golden Gate Terrace. He explained that the new school's children
will cross Golden Gate Parkway to 44th Street. He described the 4,700
feet of bikeway 5 feet in width located 3 f(~et from the paved roadway
itself, down the west side of 44th Street to 44th Terrace to the new
school and another segment from the Golden Gate Parkway south and
another segment from 32nd Street. He stated that the bikeway should
be completed as soon as possible in order to be ready for the start of
the school year. He indicated that Staff put out a bid package, plans
and specifications, and of the 3 bid proposals, the low bid was sub-
mitted by Better Roads, Inc. tn the amount of $32,220.50 which is
within 2 percent of Staff estimates. He explained that in order to
Get the bikeway underway and substantially completed by August 21,
openinG day of school, Staff is requestinG the Board o~ County
Commissioners for authorization to proceed with a construction
contract and Give a Not]ce to Proceed to the contractor before the
signed documents are received. He noted that Staff expressed concern
about insurance certificates. A discussion followed about liquidated
damages provisions and insurance certificates.
Assistant County Attorney WeiGel recommended the Notice to Proceed
not be approved prior to execution of the documents and all the liabi-
lity requirements of the contractor are in hand.
A discussion followed[ about the time factor and the document
requirements. Transportation Services Administrator Archibald
suggested if the County receives the insurance certificate then the
Notice to Proceed be issued. Commissioner Hasse and Commissioner
Shanahan expressed concern about the delay and school opening. Mr.
Archibald recommended approval of the contract and Notice to Proceed
be coordinated with the execution of all documents.
Cm~alesioner Shanahan moved, seconded by Co~tssion~r Goodn~ght
and c~,~ed 4/0, (Co~se~oner Saunders absent) that B~d #89-1452 b~
awarded to B~tter Roads, Inc. In ~he ~ of $32,220.50 for
s~lk/b~y ~r~n~s ~d ~he No~ce ~o Proc~ ~ c~d~t~
w~th ~ ~~on of ~11 .ne do~nts.
A~GUST 8, 2gsg
°eSe°Recess 2:30 P.M. Reconvuned 2:40 P.M.ee$oe
D~mty Clerk Hoffmen replaced Deputy Clqrk Kraft at thtt~ time.
Ita ~F1
REVIKM THII IMPACT OF THII CLOSURK OF COLLIKR HEALTH SKRVICKS8 II~OKALKK
CLINIC - STAFI~ TO SREK ASSISTA~CK/GUIDANCK FRON NAPLES CO~INITY
HOSPITIZL & COLLIER COUIT.[~f N~DICAL SOCIETY ,.qlqD R~PORT BAC~ TO BCC
Emergency Services Director Barton reported that Collier Health
Services advised Staff l:hat their Emergency Service Clinic will be
closing this Saturday. He Indicated that Staff has prepared a report
to the County Manager which reviews the history, considerations, and
Staff recommendations pertinent to the short and long term solutions
for the provisions of urgent non-emergency and emergency care. He
noted that the real impact is that the County's EMS Department expects
to see 25 to 30 additional patients In Inmokalee that the clinic will
not serve, and It will have to be decided as to whether these people
need emergency paramedic: ambulance treatment or If another route of
transportation should be taken. He advised that there is no public
transportation between lmmokalee and the hospitals. He stated that he
is requesting direction from the Commission, as to how the EMS Staff
should react next Mondalf when they begin to see these patients.
Dr. Larry Foreman, Assistant Medical Director, Collier Health
Services, stated that the emergency oltnlc sees between 25 and 30 per-
sons each day. He noted that the impact of the closing clinic will be
greater durinG tile next few months as the migrant population increases
in the Immokalee area.
Commissioner Shanahan questioned the amount of the annual cost to
keep the facility in operation? Mr. Barton stated that tn order to
keep the emergency services operating in Immokalee, the annual costs
for transportation, a paramedic, and a physician's assistant will be
$115,000.
Co'nmt,~stoner Hasse questioned whether the services that are pro-
vided ir Immokalee are funded through the County? Commissioner
Goodntght advised that the emergency services are funded through the
Federal Government, but there is a lease with Collier Health Services
Page 36
AUGUST 8, 1989
for the building that ts owned and maintained by the County.
Mr. Barton requested direction as to whether he should proceed to
present to the Commission a formal plan which would provide transpor-
tation, a paramedic and a physician's assistant to accommodate the
needs of these patients, or should another alternative be sought? He
advised that he does not believe that It is appropriate to locate and
operate out of the back of an ambulance in Immokalee to provide ser-
vice to these patients.
Commissioner Shanahan questioned whether the County should be con-
sidering an interim program to alleviate this situation until the
Collier County Medical Society and Naples Community Hospital provide a
Master Plan which will address this problem7
Mr. Barton indicated that he has met with Mr. Crohn from Naples
Community Hospital and representatives from the Medical Society, and
they are interested in consulting with the Commission on an informal
basis on a long-term solution two years down the road. H~ noted that
his only intent ts to attempt to sort through these patients in a
trailer behind the clinic, for two years, while that occurs.
Commissioner Goodntght stated that a couple of years ago a PUD
in Immokalee came before the Board for a planned emergency room and a
50 bed hospital, similar to the facility in North Naples, and this ts
the Intent of Naples Community Hospita2, ~ut this is two years down
the road. She noted that if the decision of the Commission is to
approve an interim program in the Immokalee area, she suggests that
this be done on a trial basis, and that an evaluation be done at the
end of ninety days to see if the County's dollars are being spent the
way they should be.
County Manager Dorrtll advised that the primary purpose of this
Item is to disclose to the Commission the closing of the facility,
noting "hat he is not in favor of the County going Into the emergency
room business or hiring additional staff, and the additional exposure
regarding insurance, etc. by treating people tn an emergency room type
situation. He indicated that long term, he believes that assistance
Page 37
AUGUST 8, 1989
or suggestions should be sought from Naples Community Hospital ·nd the
Collier County Medical Society, and there should be a subsequent
meeting with them to ascertain what guidance or assistance they can
provide for the immediate problem. He noted that for the time being,
he believes that the existing level of service in Immokalee should be
maintained, and supported on an emergency basis through overtime and
additional units, but he also feels that protocol should be looked at
as far as what circumstances should be c~nsidered for transporting
people to Naples. He explained that other than an expression of con-
cern and a request for assistance and suggestions from Naples
Community Hospital and the Collier County Medical Society, he needs no
other direction from the Commission other than an acknowledgment of
same, and the fact that the problems will be monitored and reported
back if Staff is to be overburdened.
Commissioner Volpe stated that he has concerns regarding the
abruptness of the decision to close the clinic, and questioned whether
there ts an opportunity to phase out the operation, rather than simply
closing the facility on August 12, 19897 Dr. Foreman replied that
the closing of the clinic was first publicized in May, and this item
was to be heard at the July 25, 1989 meeting, but was postponed until
today. Ne noted that the clinic is responsible for school physicals
for the children in Immokalee, and they also have an obligation for
pre-natal care. He stated that the federal program which was
designated to fund doctors through medical school, and they in turn
fulfilled an obligation in a manpower shortage area, has been discon-
tinued, and as of last year, Collier Health Services was no longer to
receiv~ those participants.
C~al~ioner Shanahan moved, seconded by Co~misslon~r Goodntght
and caxrl,~d 4/0 (Coanissioner S·unders ·bsent) th·t Staff seek
usi·t~n~,/guld&ncs from Naples Co~unl~¥ Hospital ~nd th~ Collier
County l~dtc·l Society ~nd provide · report to the Board regarding the
l~p~ct on pre-hospital care sy~te~ by ~.
AUGUST 8, 1989
FRE~'f&TION OF THE RESULTS OF THE ~ROU~D MATER NODKLIN~ STU.rYI'
~~ ~ ~/~ROSO~ - ~CC~D
Environmental Services Admin~str~tor Lorenz stated that the pur-
pose of this item is to present the Commission with the results of the
3-dimens~onal Ground Water Modeling Study. He noted that this study
will be very useful as planning and regulatory tools for the ground
water protection programs. He advised that the contract with
Hunter/HydroSoft requires that they develop the actual ground water
model for the County's use, traln Staff in the use of the model, and
prepare a final report. He introduced Dr. Voorhees and Mr. Mades cf
Hunter/HydroSoft, Inc.
Dr. Michael Voorhees o~ Hunter/HydroSoft, Inc., stated that he
and Mr. Mades will be presenting a slide presentation of the ground
water modeling study for wellhead protection. He noted that part of
this presentation has been recently presented to the Federal EPA
Region IV, as per their request.
Mr. Dean Mades, Senior Hydrologist with Hunter/HydroSoft, Inc.,
explained that the ~ellhead protection area refers to the surface and
subsurface areas surrounding a well through which contaminants are
l]kely to move toward and reach such a well. He ~nd~cated that the
protection area represents a three-dimensional region because water
moves both laterally and vertically. He referred to a slide which
lllustrated three geologic units: the water table a~ifer is the
upper most unit, the lower unit represents a primary production zone,
and the third unit which separates the water table from the lower zone
ts a confining unit. He advised that wellhead protection was recently
addressed at the Federal level through amendments ~o the Safe Drinking
Water ~ct, and states were provided with guidance and expected to
develop wellhead protected programs. He explained that the only
penalty for those states elect~ng not to establish such programs was
the loss of EPA grant funds.
Mr. Mades stated that the models are computer programs which have
Page 39
AUGUST 8, 1989
the physics of ground water flow and transport represented by mathema-
tical expressions. He noted that the objectives of the Collier County
study was to describe the capture zones of selected public wellfields,
and the approach that was used is consistent with USEPA guidance docu-
ments. He explained that the criteria selected for determining
wellhead protection areas was travel time, and the methods which were
selected to be used were numerical models. He advised that these
models are used by Water Management Districts in Florida, and a number
of universities, the research lab for USEPA. and a number of con-
sultants.
Mr. Mades called attention to a slide depicting the Zone of
Influence in which ground water is diverted towards the well. He
noted that the important factor is that the capture zone is different,
and changes the ground water level. He advised that much of what was
done would not have been possible, without the data base of Collier
County. He noted that there are 126 wells for which there were
aquifur properties describing the ability of water to flow through
these wells; 126 gauging stations provided historic information
regarding water levels and averaged same for a three year period, and
then the model reproduced those measured water levels. He explained
that there were shortcomings in data: i.e., the quantity of water
pumped for agricultural purposes. He indicated that this was esti-
mated through the modeling exercise, by asking how much water would
have to be pumped out of a particular geologic unit to cause the water
levels to drop down to the level that was observed during monitoring?
Dr. Voorhees reported that the model area included al3. of Collier
County, the western portion of Hendry County, and the southern portion
of Lee County. He noted that the model which was used was developed
by Hydrosoft, it is a three-dimensional model, it is has interactive
contour graphics, and it has access to another computer model which
allows the capture zones to be determined. He indicated that the
basis of of the study is to answer the question, where is all the
water coming from? He explained that portions of the 2,200 square
Page 40
AUGUST 8, 1989
mile model was broken out, to model each of the major wellflelds, i.e.
Coastal Ridge, East Golden Gate, and Collier County, and at that
point, transport simulation was done to see where the water is coming
from in given periods of time.
Dr. Voorhees stated that as far as the geologic structure in
Collier County, the major aquifer units include a water table aqn/lfer
which is underlined by a confining unit which is underlined by the
major producing unit in the County which is the Lower Tamiami Aquifer.
He added that in the northern portions of the study area, there is a
Sand Stone Aquifer which exists. He referred to a map which shows the
results of the model, for the Lower Tamiami Aquifer, and noted that
the flow is from north, northeast to southwest, to the Gulf of Mexico.
He noted that simulated water supply demand for 2005 will be
increased, and the calibrated model can predict what the water levels
might be.
Dr. Voorhees referred to a slide of the East Golden Gate Wellfield
Mode.[ Grid, noting that optimization codes are used to best match the
location of the wells with the grid points.
Tape ~5
Dr. Voorhees explained that the Capture Zone for Coastal Ridge has
a hydraulic barrier at the western portion between the wellfteld and
the Gulf of Mexico, otherwise there would be massive salt water intru-
sion, and there is significant movement to the east for the 20 year
travel time, noting that the pumps represent areas to the east where
there is a large amount of pumpage.
Dr. Voorhees stated that there were ten wellfields in the study,
ranging from Immokalee, North Naples, Pelican Bay, Goastal Ridge,
Avatar, Collier County, East Golden Gate, Port of the Islands, and
Everglades City. He advised that the major emphasis that was included
in the study was technology transfer to ensure that there is com-
patibiliy with the hardware and software.
Mr. Lorenz advised, in answer to Commissioner Volpe, that a
wellfield is made up of several well heads, and the modeling that has
Page 41
AUGUST 8, 1989
been done by HydroSoft can determine whether retaliating of a total
wellfield is being done. He noted that because the wellfte]d protec-
tion zones are so dependent upon the actual alignment of the
wellfields and the local hydrogeologic site characteristics, an
assumption was made in the modeling to use the South Florida Water
Managements District's consumptive use permit, and the model zones are
based upon that pumpage.
Mr. Lorenz explained that the information from this study will
provide the technical component for the development of the Ground
Water Protection Ordinance. He advised that Staff will be developing
workshops relating to the Wellfield Protection Ordinance, and further
information will then be distributed.
and carried 4/0 (Comisaioner Saundera absent) to accept the 8rcn~x~d
Water ~ellng Study prepared by Hunter/Hydroaoft.
SOLID ~ W~T~R PLA~NIN~ XFFORT TO BX COnTINUeD BY ST~ ~ I~
Assistant County Manager McLemore provided the Con,,ission with a
copy of the Solid Waste Management Report. He explained that in
January, 1989, the Solid Waste Study Task Force was created, and sub-
sequent to that, Camp, Dresser & McKee was contracted as the County's
So/id Waste Consultant. He indicated that August 22, 1989, at 2:00
P.M. has been set for a public hearing at which time a detailed pre-
sentation will be provided. He stated that Staff is recommending that
the Commission accept the project schedule, as outlined in the
Executive Summary to complete the process, and also that the services
of the Advisory Committee be continued through the full period of the
project.
Environmental Services Administrator Lorenz stated that the bottom
l~ne of the consultant's report is the recommendation of the landfill-
ba~ed integrated management disposal system, and the continued
reliance upon tbs existing sanitary landfill which is the basis for
Page 42
AUGUST 8, 1989
the disposal system. He Indicated that the consultant has re, commended
a landfill-based Integrated management d~sposal system consisting of:
Front-end Recycling Program
Class III Landfill for ~nert materials
Composting of Yard Trash and land clearing debris
Tire shredding operation
Continuing with the Landiftll option
Acqulsition of adjacent 300 acres
Mr. Lorenz Informed that by accepting the consultant's recommen-
dations, a Resource Recovery or Waste Energy facility would not be
used, and therefore, the companion recommendation is not to proceed
with the bond issue. He ind~cated that additional tasks are noted ~n
the schedule as contained in the Executive Summary.
Mr. Lorenz advised that the sludge disposal task is nearly
completed, noting that there is a preliminary report which is in the
process of being revised. He added that another very important aspect
of the Master Plan is the Collection S~stem Analysis (Task 15), and
Staff will be coming to the Commission In early October for direction
to proceed with a Mandatory Collection ordinance. He explained that
if Staff re=,-lves the direction to proceed, the ordinance will be
advertised for a public hearing, and the Consultant w%ll then prepare
a collection contract and bid documents will be advertised for open
bids by the middle of February, 1990 to select a firm to take care of
collections. He noted that in addition to this schedule, an implemen-
tation work plan wtll be developed, and presented to the Commission.
Commissioner Shanahan ~oved, seconded by Com-isstoner Goodntght
and cmrried 4/0 (Commissioner Saunders absent) that Staff be d~rected
to continue with the Master Planning effort and the activities of the
Sol~d N~te Ad~o~-f Committee, as outlined in the Kxecutiv~ ~.
JOI~T ~EETI~ B~ THH LHH COUNTY O09~IS$ION AND TH~ OOLLIER OOUNT~
O0~I~IO~ TO ~ HELD ON O~"~OBER ~2, ~98g, AT %0:00 A.M. AT THE BO~IT&
Cceem/sstoner Shanahan aoved, seconded by Commissioner Volpe and
carried 4/0 (Corm~ssioner Saund~rs absent), that October l~, iQ~9, at
10:00 &.#. be ~t&blished as the d~te and tie to hold the Joint
&U~lTST 8, 1989
m~tl~g b~t~n the Lee County CoBSleSiOn md the Collier
~ssi~, to ~ held at the ~ntta 5prin~ ~o~tW ~enter.
Ite~ ~llA2
B~ ~ 89-259/260 - ~D
C~t~t~er ~tght ~, seconded ~ Co~tssloner Vol~
cvrt~ 4/0 IC~lsstone]' Sanders absent), that ~d~t
1989; ~SSlO~ VO~[ ~0 S~ ~ ~A~ - ~
Administrative Assistant to the Board Israelson stated that this
Item is a request to appoint three members of the Board of County
Commissioners to serve on the Property Appraisal Adjustment Board, and
also that she be authorized to contact the School Board to request the
names of their representatives for the tentative hearing dates of
October 2, 4, and 6, 1989.
Co~mtlltoner Shmnahan ~d, seconded ~ Co~tlmtoner ~tght
~ curt~ 4/0 (Contsstoner Sanders absent), that
S~, Hu~, ~d G~dntGht ~ a~lnt~ to mm~ on thru ~r~
A~rat~l UJutent ~ar~ on OctoNr 2, 4, ud 6, 1~99,
C~l~i~r Vol~ to mm~ u ~ mltm~tm; A~inimtrmti~
to t~ hrd ler~lmon ~uthor2z~ to c~tmct Sch~l ~ud to
t~ i of t~ir repree~ti~.
~ ~1~ 4/0 (C~lssloner Sanders ahent, tht th foll~i~
Its ~r the Comnt A~n~ ~ a~r~d ~d/or adoptS:
Ito ~1~1
~OL~X~M 89-203 ~Ili P~LIMIM~Y ACCK~CK Ol RO~Y
~ ~ ~ FX~ P~T ~~ Or G~X~ ~ AT
~I~ ~Y - ~ ~I~TIO~
Accept the Maintenance Bond as security for maintenance of
the infrastructure until the Board of County Commissioners
grants final acceptance of all improvemellts.
Authorize the Chairman to execute the Maintenance
Agreement for Preliminary Acceptance and Resolution
authorizing preliminary acceptance·
See Pages
Page 44
AUGUST 8, 1989
Itu
R~OLtFE1011 59-204
l~t&l~M~, N&Y~R AID SEWER INFltO~ FOR
r.am pwa~E I - WIT~ STIPULATIONS
Accept the Maintenance/Contract Bond as security for main-
tenance of the infrastructure until the Board of County
Commissioners grants final acceptance of all improvements.
2 o
Authorize the Chairman to execute the Maintenance
Agreement for Preliminary Acceptance and Resolution
authorizing preliminary acceptance.
Preliminary acceptance of improvements will not become effec-
tive until water and sewer facilities have been conveyed to
Collier County Water-Sewer District.
See Pages
Itu ,14&3
ACCEF~ANCI OF SECURITY FOR EXCAVATIOH I~NIT NO. 59.364 DEAUVILL~
CLUB lOCATED IN SKCTION 17, TOMI~HIP §0 SOUTH, RANGE 26 EAST
Cash bond $21,000 - Receipt #17029
RESOLUT!Og e9-205 FINAL PLAT OF GRAS51q~ II AT WY]~DKMXR~ AID
PRKLIMIIIAJ~Y ACCKPTANCK OF ROADWAY, DRAINAGE, WATKR AND bKWKR
- WITH STIPULATIONS
Accept the irrevocable Letter of Credit as security for main-
tenance of the ~nfrastructure until the Board of County
Commissioners grants final acceptance of all improvements.
2 o
Authorize the recording of the final plat of Gras~mere II at
Wyndemere.
Authorize the Chairman to execute the Maintenance
Agreement for Preliminary Acceptance and Resolution
authorizing preliminary acceptance.
Preliminary acceptance of the improvements will not become
effective until water and sewer facilities have been conveyed
to Collier County Water-Sewer District.
Itu ,1411
BUDGrr INEIIBq31T IN ~ M~OUN~ OF 814,800.00 FOR GROUIFDS M&IIFTKILUICK
COlrTR&CTWITH R & B LaJ~ SKRVIC~ OF M&]tCO ISLAND
-Itu ,14K2
COUNTTAS$1T d~525 A ][KROX 4000 COPIER TO BK TAK~ TO LAIID~IT~ JL~D
DISlikED O~ AS SCRAP NAYERIAL
Itu ,14G1
BUIXIKT KMKIFDMKIT IN TH~ AMOUIIT OF $2,988.00 RKCOGNIZII~3 ~ OY
FUI~DS TO ~3LID MASTK KHT~qPRISK FUND FOR FEES MAIVKD DURII~3 LITTER
Pm~o 45
1986
No. 246
Dated 6/30/89
1988 TANGIBLE PERSONAL PROPERTY
~:~. 1988-125/128
Dmt~d T/26-28/89
1989
· o. 23T
Dat~ ?/19/89
It~ #14!
N/$ ~C"~r;T-"~ml~)~ CORP_~$PORD[]ICE - FILED AND/OR R~J~EP..R~D
The following miscellaneous correspondence was filed and/or
referred to the various departments as indicated below:
Memorandum dated 7/26/89 from Lewis M. Dennard, Acting State
Retirement Director to the Department of Administration RE
participation In the Optional Retirement Program for dually
employed IFAS employees (employed by the University of
Florida and a County Government). xc: Leo Ochs; Tom
Whttecotton, 3elf Walker, and filed. Filed.
Letter dated 7/26/89 from Charles L. Lester, Auditor General,
enclosing a copy of Report No. 11279, the District School
Board for fiscal year ended 3une 20, 1988. Filed.
Letter dated 6/23/89 from Paul R. Bradshaw, Director,
Division of Resource Planning and Management, Department of
Community Affairs, advising of growth management Inter-
national conference to be held in Orlando this year. xc:
Stan Lttsinger and filed.
Letter dated 7/25/89 from Charles E. Woods, President,
De]tona Utility Consultants, Inc. attaching notification
letter beinG mailed to all utility customers informing that
Southern States Utilities of ApoLka, FL and the utility
holding of Miami-based Deltona Corporation have been affi-
liated, xc: BCC; Nell Dorrlll, Mike Arnold and filed.
Copy of letter dated 7/24/89 to Haas Construction Company,
Inc. from Dick's Drywall, Inc. requesting copy of payment
and/or performance bond for the improvement to Collier County
Mosquito Control. xc: Mosquito Control District and filed.
Notice of Public Meeting of the Land Acquisition Advisory
Council In Tallahassee on August 4, 1989 (CARL) from DNR.
Nell Dorrtll and filed.
XC:
Letter dated 7/24/89 from Percy W. Malllson, Jr., Director,
Division of State Lands, DNR, ~ acqutsiilon of CARL Projects
through off-site mitigation. .'cc: BCC; Neil Dorrlll; Kevtn
O'Donnell, Bill Lorenz and filed.
Memorandum dated 6/23/89 to Michael K. Arnold, Utilities
Administrator, from Ronald F. Cook, CPA, Finance, attaching
Marco [{ater and Sewer District Interim Financial Statement
for the period ended May 31, 1989. xc: BCC, Lori Zalka and
filed.
Page 46
10.
11.
12.
13.
14.
15.
16.
17.
18.
AUGUST 8, 1989
Memorandum dated 6/19/89 to Leo Ochs, Administrative Services
Administrator from Honald F. Cook, CPA, Finance, attaching
Workers Compensation Insurance Preliminary Interim Financial
Statements for the period ended May 31, 1989. xc: BCC, Lori
Zalka and filed.
Memorandum dated 6/19/89 to George Barton, EMS Director, from
Ronald F. Cook, CPA, Finance, attaching EMS Interim Financial
Statements for the period ended May 31, 1989. xc: BCC, Lot!
Zalka and filed.
Memorandum dated 6/19/89 to Robert Fahey, Solid Waste
Director, from Ronald F. Cook, CPA, Finance, attached Solid
Waste Disposal Interim Financial Statement for the period
ended May 31, 1989. xc: BCC, Lori Zalka and filed.
Memorandum dated 6/19/89 to Dan Pucher, Fleet Management
Director, from Ronald F. Cook, CPA, Finance, attaching Fleet
Management/Motor Pool Interim Financial Statements for the
period ended May 31, 1989. xc: BCC, Lorl Zalka and filed.
Memorandum dated 7/17/89 to Robert Fahey, Solid Waste
Director, from Ronald F. Cook, CPA, Finance, regarding Solid
Waste Disposal Interim Financial Statements for the period
ended June 30, 1989. xc: BCC, Lori Zalka and filed.
Memorandum dated 7/17/89 to Dan Pucher, Fleet Management
Director, from Ronald F. Cook, CPA, Finance, regarding Fleet
Management/Motor Pool Interim Financial Statements for the
period ended June 30, 1989. xc: BCC, Loft Zalka and filed.
Memorandum dated 7/17/89 to Michael K. Arnold, Utilities
Administrator, from Ronald F. Cook, CPA, Finance, RE Goodland
Water District Interim Financial Statements for the period
ended June 30, 1989. xc: BCC, Lori Zalka and filed.
Memorandum dated 7/17/89 to Michael K. Arnold, Utilities
Administrator, from Ronald F. Cook, CPA, Finance, RE Marco
Water and Sewer District Interim Financial Statements for the
period ended June 30, 1989. xc: BCC, Lori Zalka and filed.
Memorandum dated 7/17/89 to George Barton, EMS Director from
Ronald F. Cook, CPA, Finance, RE EMS Interim Financial
Statements for the period ended June 30, 1989. xc: BCC,
Lori Zalka and filed.
Questionnaire received 7/25/89 from Florida House of
Representatives Committee on Children & Youth seeking infor-
mation on the priority placed on children's services at the
county level and requesting it be returned by 8/18/89. xc:
Neil Dorrlll, Kevin O'Donnell and filed.
19. Minutes received and filed:
20.
6/21/89 - Advisory Committee on the Homeless and 7/12/89
Agenda
B. 5/25/89 - Library Advisory Board
C. 8/3/89 - CCPC Agenda
8/9/89 - Marco Island Beautification Advisory Committee
Agenda
E. 7/20/89 - Collier County Fire Consolidation Study Group
Notice to Owner dated 7/20/89 from Florida Contractor Rental
advising equipment rental and supplies have been supplied for
Page 47
21.
22.
23.
24.
25.
26.
27.
28.
AUGUST 8, 1989
improvement of Collier County landfill under an order Given
by Vector Enterprises. xc: Bill Lorenz, Bob Fahey ~nd
filed.
Notice to Owner dated 7/21/89 from Seaboard Surety Company
advisinG that prestress concrete piling structures have been
furnished for the improvements of Collier County rehabilita-
tion services under an order Given by Ford Pile Foundations.
xc: Skip Camp, Tom Conrecode and filed.
Notice to Owner dated 7/27/89 from Naples Lumber & Supply
Company, Inc. advisinG that various buildinG matertal for the
improvement of Collier County Wastewater Control Building
under an order Given by Ford Pile Foundation. xc: Sktp
Camp, Tom Conrecode and filed.
Notice to Owner dated 7/20/89 from Sterling Prestress
advisinG that concrete pilinG for improvement to the Collier
County Health Building has been furnished under an order
Given by Ford Pile Foundation. xc: Skip Camp, Tom Conrecode
and filed.
Letter dated 7/25/89 from Robert E. Kallman, Executive
Director, President's Outer Continental Shelf LeastnG &
Development Task Force, acknowledging the County's letter
dated 6/26/89 RE otl drilling, xc: BCC, Nell Dorrtll, Bill
Lorenz and filed.
Letter dated 7/24/89 from Jeanne Hall, Deputy Director,
Resource Control Department, South Florida Water Management
District, enclosing staff report for application No.
890502-5, CR951 4-1aning (from 23rd Avenue S.W. to CR 846)
Collier County. xc: Neil Dorrfll, George Archibald, Bill
Lorenz and filed.
Letter dated 7/25/89 from Jeanne Hall, Deputy Director,
Resource Control Department, South Florida Water Management
District, enclosing District's Staff Report regard~nG
Application No. 890117-5, Naples Park Area Drainage Project,
Collier County, S28,29,32 a 22/T48S/R25E. xc: Nell Dorrtll,
George Archibald and filed.
Letter dated 7/26/89 from Jeanne Hall, Deputy Director,
Resource Control Department, South Florida Water Management
District, enclosing District's Staff Report RE: Application
No. 890525-2, North Naples Community Park, Collier County,
S26/T46S/R25E. xc: Nell Dorrtll, Kevin O'Donnell and filed.
Letter dated 7/26/89 from Steve Lamb, Director, Water Use
Division, President's Outer Continental Shelf Leasing &
Development Task Force, advisinG that agricultural water use
permit No. 11-00333-W will expire on October 15, 1989, and
enclosinG renewal material to be returned as soon as
possible, xc: Nell Dorrlll, Bill Lorenz and filed.
AUGUST 8, 1989
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 4:00 P.M.
,/AMES C.' ~ILES,~CLERK
~,,,/ ' ,
These minutes approved b~ the Board on
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
August 29, 1989
as presented X ~xx~x~~Hxxxx~xxxxx~,
with the exception of:
Item 9Al was approved by the Board on 9/19/89
Page 49