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BCC Minutes 04/25/1989 R Naples, Florida, April 215, 1989 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida. with the following members present: CHAIRMAN: Burt L. Saunders VICE-CHAIRMAN: Max A. Hasse. Jr. Richard S. Shanahan Michael J. Volpe Anne Goodnight ALSO PRESENT: James C. Giles. Clerk; John Yonkosky, Finance Director; Ellie Hoffman and Maureen Kenyon, Deputy Clerks; Neil Dorrill, County Manager; Ron McLemore, Assistant County Manager; Tom Olliff. Assistant to the County Manager; Ken Cuyler, County Attorney; David Weigel, Assistant County Attorney; Kevin O'Donnell, Public Services Administrator; Martha Skinner, Social Services Director; Bi 11 Lorenz, Environmental Services Administrator; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Mike Arnold, Utilities Administrator; Kenneth Baginski, Planning Services Manager; Jeff Perry, Chief Transportation Planner; Bob Lord, David Weeks and Ron Nino, Planners; Nancy Israelson, Administrative Assistant to the Board; Don Hunter, Sheriff; and Deputy Sam Bass, Sheriff's Office. I Page 1 ---. '--"""-""_."'.0.""" _0- APRIL 25, 1989 Tape #1 Ite. #3 AGENDA - APPROVED WITH CHANGES Commissioner Shanahan moved. seconded by Commissioner Vol,a and carried ./0 (Commissioner Saunders not present), that the agenda be approved with the tollowing changes: a. Ite. 8(A) - Public Petition - Lem Pennell. representing Plantation Island Property Owners' Association requesting sidewalk along Plantation Parkway. Continued to May 9th Meeting (Petitioner's request). b. Item 9(A)(1) - Discussion ot options for local tinancing ot improvements to S.R. 951 trom U.S. .1 to the Marco Island Bridge - Request this item be heard tirst. c. Item 9(A) (3) - Request to reconsider PU-88-28C. Anthony & Diana Gualarj) - Adult Care Living Facility - Added. d. Item 1.D. - Erinwood at the Vineyards - Water Facilities acceptance. Moved to Item 9(D)(1) Item #" MINUTES OF APRIL ". 1989 MEETING - APPROVED Commissioner Shanahan moved. seconded by Commissioner Volpe and carried "/0 (Commissioner Saunders not present), to approve the minu- tes ot April ". 1989, as presented. Item #9A1 OPTIONS FOR LOCAL FINANCING OF IMPROVEMENTS TO S.R. 951 FROM U.S. 41 TO THE MARCO ISLAND BRIDGE - STAFF TO PREPARE TULLING PLAN INCORPORATING 7' GAS TAX AND IMPACT FEES TO SUPPORT BONDING ISSUE AND BRING BACK TO THE COMMISSION --.- .-- Chief Transportation Planner Perry stated that this item is a con- tinuation of discussion concerning local opt ion funding for improve- ments to S.R. 951. He indicated that three weeks ago Staff went to Marco Island and presented the issue of locally funding S.R. 951 with several options: toll road, ad valorem taxes, gas taxes, etc. He noted that there was a great deal of discussion regarding the need for a referendum to allow the voters and residents to be able to choose whether or not they were in favor of the toll. He advised that it is not possible to hold a referendum at an edrly do'lte, o'Idding that it will take approximately 150 days for preparation since this could not be a mail ballot. He reported that another alternative which was 1 Page 2 " ..".... -.....-. ----, .-...,...........- . APRIL 25, 1989 discussed was the possibility of a mall-out survey, noting that this option will cost between $3,000-$5,000. He indicated that another option is to use the County's Annual Opinion Survey which is a sta- tistically valid sample survey of the entire County with specific questions added to address the Marco Island area and the toll question. He stated that Staff is suggesting to wait until the opi- nion poll information is released, at which time the Commission could determine whether to pursue a referendum, a mail-out survey, or take somf'. other course of action. CIJ&'i8.1ssioner Saunders arrived at 9:15 A.M. The following perso~s spoke in favor of the tolling option: Mr. Monte Lazarus Mrs. Susan Hedley Mrs. Marianne Lazarus Mr. Leonard Llewellyn The following persons spoke in favor of improvements to S.R. 951, but opposed the toll ing opt ion; Mr. Michael Hughes Mr. George Keller Mr. Ira Evans Mrs. Charlotte Westman Mr. Robert Stiers Those speakers in favor of improvements to S.R. 951 suggested the following alternatives in Ii eu 0 f tolling: increase impact fees; County-wide tax; increase gas tax; ad valorem taxes; delay action until results of the County opinion poll have been received; The following persons spoke against the tolling option: Mrs. Nancy Parker (suggested a vote by registered resident voters) Mrs. Ruth Edens Mr. Bill Hanley (w/193 survey forms) Mrs. Ann Bruner Mr. Arthur Gore Tape #2 This ltea was c~ntinued atter the recess. Commissioner Saunders stated that based upon what has been said today, the discussions at the town hall meetings and discussions at previous Commission Meetings, he believe5 that it is time to make decisions to move ahead. He suggested that consideration be given to g Page 3 _'..0..""..-...-...,..,. ..." ..- ' 0___'__-_..'__'0"'. "'-."_0"_"'- APRIL 25, 1989 take additional steps to determine the feelings of the majority of the people in the affected area. He noted that a referendum is too far off, and costly. He stated that he is suggesting that a mail-out sur- vey be sent to all registered voters and property owners in the affected ~reð.: Marco Island, Isles of Capr i, Goodland, Marco Shores, Port-Au-Price, the Manatee area, and all the way up to U.S. 41. He . further suggested that the results of the County's public opinion poll be obtained, and then a decision can be made as to whether or not to toll. Commissioner Saunders indicated that the Commission's primary responsibility is to solve a dangerous problem. He advised that he has spoken with Transportation Services Administrator Archibald regarding the percentage of gas tax revenues that are received from Marco Island. He reported ~hat approximately 7% of the County's gas tax revenues are received from Marco Island. He noted that those funds could be Jirected to the four-laning of S.R. 951 without impacting the rest of the County-wide road program. He indicated that under current levels of impact fees, the County is projected to recei'...e $320,000 a year in road impact fees from the area that is affected by S.R. 951. He stated that he feels that the 7% gas t a:< and those impact fees could be dedicated to paying off the bunds that are supported by a toll, and over a period of 8-.:0 years, the bond issue could be paid off. He noted that the cost of the road will be spread between the tolls, visitors and tourists. He indicated that there is one distinction between this road and every other road in the County: this is a State Road, the County has been counting on the State to bu i 1 d it, and there is a Five Year Road Program that does not include the four-laning of S.R. 951. He noted that if Davis Boulevard is four-laned, he believes there is justification at that point to also consider tolling. He stated that he feels that consideration should be given to combining the revenue sources, and placing a toll on S.R. 951, if the Commission is convinced that it should be four-laned. Commissioner Volpe advised that he concurs with Commissioner Page 4 C1 -..------.-- APRL 25, 1989 Saunders' suggestions. He questioned what the maximum amoun' of funds are that the County will have to raise? Mr. Perry advised that $12 million will be required for improvements to the northern portion, excluding the bridge. Commissioner Hasse stated that part of the problem is the bridge, and he believes that the widening of the bridge should also be con- sidered. Mr. Archibald advised that if the bond or bond debt service is to be subsidized with a combination of tolls and other revenues, impact fees will be approximately $325,000 per year and 7% of the gas tax allocated for new construction is estimated to be $250,000, for a total of $575,000. Commissioner Saunders suggested that a toll system be set up to sufficiently payoff the debt ser-.,ice on the bond is!"ue, and the bond issue be structured so that each year the outstanding bonds can be paid off with toll revenues and approximately $600,000 in additional bonds <.:an be paid off from the other sources. He noted that the length of time that the toll is on the road will be shortened. Commissioner Shanahan moved, seconded by Commissioner Volpe and carried unanimously, that Start be directed to prepare a tolling plan tor S.R. 951. incorporating the l' gas tax, and impact tees that will be generated trom the use ot S.R. 951 to support the bondlng issue to move ahead with the tour-Ianing ot S.R. 951, and that under a separate package, improvements to the bridge be considered. and bring back to the Board as soon as possible. Ite. #I5A PROCLAMATION DESIGNATING MAY 1, 1989 AS "COLLIER COUNTY RECYCLES :;TART-UP DAY" - ADOPTED Upon reading of the proclamation, Commissioner Saunders moved, seconded by Commissioner Volpe and carried unanimously, to designate May 1, 1989 as "Collier County Recycles Start-Up Day". Mr. Kim Egelseer thanked the Commission for the opportunity to provide the County with the program. He indicated that he is proud to I () Page 5 ---- ,.----. ----" --- ----"'-"'"'"--'---. ..,.. . ~. APRIL 25, 1989 be involved with recycling from the standpoint of waste reduction and energy conservation. lie indicated that the program will encompass 5,000 homes in seven different neighborhoods in Collier County. He noted that the kick-off event will be held on Thursday, at Pine Ridge Middle Schoo 1. Commissioner Saunders presented Mr. Egelseer with the proclama- tion, and a bundle of newspapers to start off the program. It Page 6 _.'.._,--",", ,"""'."" , ,--.- - -- APRIL 25, 1989 ... RI!ces8 11:10 A.M. - 11:2ð A.M. ... Ite. .12C RESOLUTION 89-104, AUTHORIZING LETTER OF INTENT RAQUESTING CONSIDERATION TO RECEIVE GRANT FUNDS FROM THE ROBERT WOOD JOHNSON ~()~A'I'.~9!' FOR A DRUG AND ALCOHOL ~!!.USE PROG~ - Sher if f Don Hunter announced that today the Sheriff's Office has officially cut ~-¡er the Enhanced 911 System. He noted that his office will be able to determine the telephone number and location of all callers, except those that are non-published. He noted that this wi 11 enhance arrivals at the scene much quicker. Sher if f Hunter advised that his office has become aware of the possibility of a grant award from the Robert Wood Johnson Foundation for drug abuse prevention and treatment. He noted that grant awards for the f lrst year will be $100,000 for planning purposes, as would be the second year's award, adding that subsequent years for implemen- tation purposes may be as much as $3 million. He stated that this grant wi 11 bring together the various groups in Collier County that are attempting to do something about drug abuse, and the prevention and treatment. He requested that the Commission permit the Sheriff's Office to submit a Letter of Intent for Collier County to be con- sidered for a grant application. He stated that he has met with Finance Director Yonkosky and was advised that there are no legal problems in accepting the appropriations, should the County be awarded the grant. CO..i8sionl!r Volpe aoved, sl!conded by Commissioner Hasse and carried unaniaously. that Resolution 89-104 be adopted. Page 7 /3 ,.,.,.,_.._.~",~.." -....-.... "--'----' ~ -, ._,---_._~.._-,-_..._.._---.._,_._----, -.-.__._-,~_._- APRIL 25, 1989 ... Deputy Clerk ~enyon replaced Deputy Clerk Hottaan at this tiae ... Itea .9H1 SCHEDULED 1989 REVIEW REPORTS FROM CITIZENS ADVISORY TAS~ FORCE, COLLIER COUNTY PLANNING COMMISSION, GOLDEN GATE PARKWAY BEAUTIFICATION ADVISORY COMMITTEE, AND COLLIER COUNTY CODE ENFORCEMENT BOARD - ~Ç_C~~.ED ~".- --------~ ~ -~- --'-'-~'- -'--- -'-._, -'--.- --------- --- Mr. Fred Thomas, representing the CoIl ier County Planning Commission, stated that a w:itten report was presented to the Board with regards to the status of the Collier County Planning Commission. He noted that the members are pleased to serve the Board and hope that their input helps to make decisions. He indicated that he is available for questions. The Board thanked him and the Planning Commission for their efforts and time involved. Mr. James Melchore, Chairman of the Golden Gate Parkway Beautification Advisory Committee, read his repor t, copy of which is appended, and was available for any questions. Commissioner Hasse thanked Mr. Melchore for the fine job that has been done over the past few years, adding that he is glad to see this area looking better. Assistant to the County Manager ~lliff stated that the Citizen's Advisory Task Force is required by Statute to provide public par- ticipation in grant appllcations. He indicated that the County has not received a grant for over two years, but they are high on the funding list this year, therefore, there wil 1 be a lot of activity for this task force in the near f11 ture. Assistant to the County Manager Olliff stated that the Marco ¡sland Code Enforcement Board was disbanned at the creation of the Collier County Code Enforcement Board and, therefore, there is no sta- tus report, but at the next rotation cycle in four years, there will be a report on the Collier County Code Enforcement Board. Co..issioner Hasse moved, seconded by Commissioner Shanahan and carried unaniaously, that the reports trom the above reterenced advi- sory boards be accepted. Page 8 }1 ---'~'---- '------'--""""-""""."'.'--00-. APRIL 25, 1989 It.. #6B1 & #6B2 PETITIONS DOA-88-3C AND PDA-8B-9C, VENSEL & ASSOCIATES, INC. REPRESKHTING DELTONA CORPORATION RE AN AMENDMENT TO THE MARCO SHORES DEVELOPER ORDER AND PUD - CONTINUED TO MA~ 9, 1989 Planner Weeks indicated that the petitioner is requesting a con- tinuance of these petitions in light of the discussions regarding S.H. 951. He stated that there is not a need for readvertising if this is continued for two weeks. Co..issioner Hasse moved, seconded by Commissioner Shanahan and carried unaniaously, that Petitions DOA-88-3C and PDA-88-9C be con- tinued to May 9, 1989. Ite. #6B3 ORDINANCE 89-25 RE PETITION R-88-2"C AND PDA-8B-13C, ERICICSEN CORP., REPRESEKTING RADNOR/LAKESIDE CORP. REQUESTING REZONE FROM A-2 AND POD TO PUD AND AN AMENDMENT TO THE CITRUS GARDENS POD BY AMENDING THE POD MASTER PLAN FOR PROPERTY ON THE EAST SIDE OF AIRPORT ROAD NORTH OF PINE RIDGE ROAD.-=:. ADQ.PT~P._~g~J~CT_]O PETITIONER I S AGREEMENT Legal notice having been published in the Naples Daily News on ApI' 11 6, ¡989, as evidenced by Affidavit of Publication f 11ed with the Clerk, public hearing was opened to consider Petition R-88-24 and PDA-88-13C filed by Ericksen Corporation. representing Radnor/Lakeside Corporation, requesting a rezone from A-2 and PUD to PUD for 20 mul tj- family dwelling units on property located on the eastern side of Citrus Gardens PUD, on Airport Road, approximately 1-1/2 miles north of Pine Ridge Road (C.R. 896) in Section 1, Township 49 South, Ran¡¡e 25 East, consisting of 5 acres and requesting an amendment to the Citrus Gardens PUD by amending the PUD Master Plan, by modifying the legal description, by incorporating additional property, by amending the land use summary, by increasing the density by 20 multi-fa~ily dwelling units, increasing the density of Tracts C, D, 5< E. by adding a guard house, and changing the loop road from a public road to a pri- vate road. Planner Lord indicated that the project site is in a growing resi- dential area and js consistent and in harmony with the approved resi- dential developments. He stated that the proposed project is a natural infilling of the area to the east. He noted that the CCPC Page 9 JI r ,.. --....---,-,. ,.- --""-'-""""""""~""'.'-""'-'--'-' APRIL 25, 1989 reviewed this petition and recommended approval subject to the stipu- lations contained in the Petitioner's Agreement. He stated that no one spoke for or against this petition at the CCPC hearing and no correspondence has been received. He noted that the recommendation or Staff is for approval subject to the Petitioner's Agreement. Commissioner Volpe stated that the on-site treatment plant is suf- ficient to handle only 376 units and the developer cannot go forward with the additional 20 units until County facilities are available to the site, and questioned when that will take place? Mr. Robert Grabner, representing Erick$en Corporation, stated that there is a stipulation that indica~es that the 20 addi tional units will not be built until there is a County system that the project can tie into. Commissioner Volpe indicated that if this project cannot tie into a County system for an estimated 5 years, he does not feel that he should vote in favor of this petition at this time. Mr. Grabner stated that in the event the petitioner is ready to move forward with the addit ional 20 units and the County does not have the service available, there is the possibility that the petitioner would be willing to pay for certain improvements in order to hook into the County system. Utilities Administrator Arnold stated that sewer service will be available in this area within the time frame that the petitioner needs. Mr. Gary Butler of Butler Engineering, stated that the sewage treatment plant for the project is existing and the additional units cannot be built at this time because the plant has to be dismantled "irst as that is where the 20 units will be built. He noted that with the additional units, the projected build out is 4 or 5 years. In answer to Commissioner Hasse, Mr. Butler stated that the impro- vements will be on the eastern section of the property and the loop road will allow for the connection of the project to the east. :ie stated that they will comply with all buffer requirements. Co..issloner Shanahan moved, seconded by Comaissioner Goodnight Page 10 ð~ --- --"-- ," ,-, "'-""-.-..."""-- - --'---' APRIL 2ð, 1989 and carried 11I1animously, that the public hearing be closed. C08l8issioner Shanahan aoved, seconded by Commissioner Goodnight and carried ¿/l, (Co..issioner Volpe opposed), that the Ordinance as nuabered and titled below be adopted subject to the Petitioner's Agre..ent and entered into Ordinance Book No. 35: ORDINANCE 89-25 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 49-25-1 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 RURAL AGRICULTURAL AND PUD PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CITRUS GARDENS FOR 20 MULTI-FAMILY DWELLING UNITS; FOR PROPERTY LOCATED ON THE EAST SIDE OF AIRPORT ROAD, APPROXIMATELY 1 1/2 MILES NORTH OF PINE RIDGE ROAD (CR-896) IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, CONTAINING 98.6 ACRES, MORE OR LESS, AND AMENDING PUD ORDINANCE NUMBER 86-33, WHICH ESTABLJSHED THE CITRJS GARDENS PLANNED UNIT DEVELOPMENT DY AMENDING ACREAGE ON COVER PAGE, AMENDING LIST OF EXHIBITS BY ADDING EXHIBIT A-I, AMEDNING SECT::ON I, STATEMENT OF COMPLIANCE AND SHORT TITLE, AMENDING SECTION II PROPERTY OWNERSHIP AND LEGAL DESCRIPTION, SUBSECTION 2.01 PROPERTY OWn:RSHIP AND 2.02 LEGAL DESCRIPTION, AMENDING SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION, SUBSECTION 3.06 PROJECT DENSITY, SUBSECTION 3.11 LAND USE SUMMARY, AMENDING SECTION IV LAND USE REGULATIONS, SUBSECTION 4.03 PERMITTED USES AND STRUCTURES, AMENDING SECTION V GENERAL DEVELOPMENT COMMITMENTS, SUBSECTION 5.02 PUD MASTER DEVELOPMENT PLAN, SUBSECTION 5.03 TRANSPORTATION AND TRAFFIC IMPACT; AND PROVIDInG AN EFFECTIVE DATE. Page 11 d~ '.'_0 .-... _.~.._,_.._--,- -.-.- '-""."".""'" . "---.. APRIL 25, 1989 Ite. -GCl RESOLUTION 89-105 RE PETITION AV-89-005, ICIM P. ICOBZA AGENT FOR GKRMAIN PROPERTIES OF COLUMBUS, INC. REQUESTING VACATION OF THE TEN rOOT EASEMENT IN BLOCIC 1, SUNNY TRAIL HEIGHTS - ADOPTED Legal notice having been published in the Naples Daily News on Apri 1 9 and Apr 11 16, 1989, as evidenced by Affidavit of Publication f lled with the Clerk, public hearing was opened to consider Petition AV-89-005 ~11ed by Kim P. Kobza as agent for Germain Properties of Columbus, Inc., requesting vacation of the ten foot easement in Block 1, Sunny Trail Heights, so petitioner may build across interior lot lines. Transportation Services Administrator Archibald stated that this request is for a vacation of a 10 foot easement east of U.S. 41 in the North Naples area. He stated that this is a platted subdivision and there is a 10 foot easement that runs south from Wiggins Pass Road which was provided for the purpose of gaining access to a number of off-site parcels. He indicated that the properties in question are zoned C-4 and Staff has reviewed the request and has no problem with it, adding that Letters of No Objection have been received from all pertinent utility companies. He indicated that Staff is recommending approval. Co..issioner Hasse moved, seconded by Commissioner Shanahan and carried unani.ously, that the public hearing be closed. Coaæissioner Shanahan moved, seconded by Commissioner Goodnight and carried unanimously, that Resolution 89-105 be adopted. Page 12 J1 ""---- . "---' ---- "".. ,~" -," " ------.,---------.-."-.,,-.,,.. ------ APRIL 215, 1989 Itea .6C2 RESOLUTIOM B9-106 RE PETITION SMP-B8-13, AGNOLI, BARBER & BRUNDAGE, INC., REPRESENTING GULFS IDE MARKETING, REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR WYH'l'REE LOCAT1".D ON THE SOUTH SIDE OF IMMOXALEE ROAD - ADOPTED -, Legal notice having been published in the Naples Daily News on April 9, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-88-13, f !led by Agnol i, Barber & Brundage, Inc. representing Gulfside Marketing, requesting subdivision master plan approval for Wyntree located on the south side of Imlnokalee Road, two miles east of I-75 in Section 28, Township 48 South. Range 26 East. Planner Nino stated that this subdivision has 165 single family lots on the south side of Immokalee Road and is two miles east of the I-75 interchange. He stated that all reviewing agencies have no objection to this subdivision master plan approval subject to the sti- pulations contained in the Executive Summary. He stated that one of the stipulations is that a private utility will be serving Wyntree in conjunction with Quail Creek which will be assumed by the County in the future. He indicated that the CCPC reviewed thi s pet it ion on April 6, 1989, and recommended approval subject to the stipulations. Tape .3 Utilities Administrator Arnold stated that North Naples will have the capacity to serve this project, but that burden lies ~ith the developer. Commissioner Volpe stated that he does not understand how a pro- ject can be approved not knowing for sure if there will be capacity to serve the area. He noted that this is &omething the Board shnuld know prior to approving any projects. Commissioner Séunders state1 that if the master plan is approved, the developer cannot get a building permit until there is sufficient water and sewer to the property. He stated that there are a lot of projects that are approved but the construction does not immediately begin on them. He noted that if someone else hooked up to the system Page 13 ~q ".-..-.- .,' ,...".-- ..".--.., ".,-- ~ ---...-.,-..,..,."..,""""""".""...",,, APRIL 25. 1989 tomorrow, the service may not be available at the time that this developer wants to hook up and. therefore. the burden of capacity lies with the developer. Planner Nino stated that the approval process for a subdivision master plan approval is a two-phase process and this is the prelimi- nary approval stage. He noted that at the time of final approva 1, the utilities must be available. Co..issioner Volpe 8oved. 8econded by Commissioner Shanahan and carried unani.ously, that the public hearing be closed. CO..i8sioner Volpe moved, seconded by Commissioner Shanahan and carried unaniaously, that Resolution 89-105 be adopted 8ubject to the Petitioner's Agreeaent. Page 14 JO .--.,--.."""""""'. "~ --....-""' ..,-...,..-.""'-.,. APRIL 25, 1989 It.. .8C3 ORDIKAKCE 89-28 AMENDING COLLIER COUNTY ORDINANCE 82-91, PUBLIC RIGHTS-OF-WAY CONSTRUCTION, ADDING TO DEFINITIONS AND REVISING THE DELEGATION OF ADMIN!STRATIVE AUTHORITY - ADOPTED Legal notice having been published in the Naples Daily News on Apr il 6, 1989, as evidenced by Affièavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance amending Collier County Ordinance 82-91, Public Rights-of-Way Construction, adding to definitions and revising the delegation of administrative authority. Project Review Serv~ces Manager Madajewski stated that this ordi- nance simply transfers authority from the Public Works Department to Development Services, adding that this is for the public rights-of-way construction ordinance and the permitting process that goes with it. He noted that this work was handled by the Engineering Department that was incorporated into the staff of the Development Services Department and the administrative authority also needs to be transferred. Co..issioner Shanahan moved, seconded by Commissioner Goodnight and carr fed unanil8Ousl y, that the public hearing be closed. Co..issioner Shanahan moved, sec~nded by Commissioner Goodnight and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 35: ORDINANCE 89-26 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 82-91, BY ADDING TO THE DEFINITIONS UNDER SECTION TWO; REVISING SECTIONS THREE AND FOUR WHICH REVISES THE DELEGATIONS OF ADMINISTRATIVE AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. :te. #6C4 RESOLUTION BAR-89-13 AND BAR-89-1" APPROVING AMENDMENTS TO THE FISCAL 1988-89 ADOPTED BU~ET - ADOPTED Legal notice having been published in the Naples Daily News on April 23, 1989. as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider approving amendments to the Fiscal Year 1988-89 adopted budget. Finance Director Yonkosky indicated that these resolutions are Page 15 1/' -,,- ...",.- ""-.-."-" "'-, APRIL 25, 1989 required to amend the adopted budget and they have been legally adver- tised. He noted that most of these items have been previously approved by the Board and he is recommending approval of the resolu- tions which will bring the County into compliance with statutory requirements that will bring the budget in line. Co..issioner Goodnight moved, seconded by Commissioner Shanahan and carried unani.ously, that the public hearing be closed. CO..i8sioner Goodnight aoved, seconded by Commissioner Shanahan and carried unaniaously, that Resolution BAR-89-13 and Resolution BAR-~g-1. approving amendments to the Fiscal Year 1988-89 adopted budget be adopted. Page 16 It, ---.^,.^,,^ '" . ".,,--.,.-...- APRIL 215, 1989 It.. #7&1 RESOL~lION 89-107 RE PETITION FDPO-89-2 BY ARAM MAGARIAN REQUESTING APPROVAL OF A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE ON PROPERTY DESCRIBED AS 2237 RIVER REACH BOULEVARD - ADOPTED Legal notice having been published in the Naples Daily News on April 9, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition FDPO-89-2 f 1led by Aram Magarian requesting approval of a variance from the minimum base flood elevation required by the Flood Damage Prevention Ordinance on property described as 2237 River Reach Boulevard, (Lot 78, River Reach Subdivision). Planner Saadeh stat~d that this is a variance request to allow n single-family home to be constructed at an elevation of 7.7' instead of 8 feet as required by the Flood Damage Prevention Ordinance. He noted that the applicant incorrectly indicated 7 feet and 8 feet was required which is 2.3 inches difference. He noted that the incorrect figure was approved by the Building Department which is why there is a request for a variance. He noted that granting this variance will not result in increased heights or conflict with local laws or ordinances. He stated that the applicant has been notified that there may be a big difference in the cost of his flood insurance. He indicated that Staff is recommending approval of the variance. In answer to Commissioner Shanahan, Mr. Saadeh stated that the owner has acknowledged that granting of this variance may have a significant effect on his insurance, but he has no resource on the County. Co..issioner Shanahan moved. seconded by Co..i~sioner Goodnight and carried unani.ously, that the public hearing be closed. Co..issioner Shanahan moved, seconded by Commissioner Goodnight and carried unaniaously, that Resolution 89-107 re Petition FDPO-89-2 be adopted. Page 17 Ie¡ " - .. -" ,~. . "-'" "...,~, .,.---....., "....... APRIL 25, 1989 Ite. #1Bl RESOLUTION 89-108 RE PETITION PU-89-2, WILSON, MILLER, BARTON, SOLL & PItE."t, IIIC., REPRESENTING CHARLES AND LUANNE HENDERSON FOR A PROVISIONAL USE AS ALLOWED BY SECTION 1.9B.3."t" (PET CEM1!:TERY) OF THI!t A-2 DISTRICT - ADOPTED Planner Nino stated that the requested provisional use would allow for a pet cemetery on Davis Blvd., 600 feet east of the intersection of Davis Blvd. and Santa Barbara Blvd. He indicated that there are a number of things happening in this area, noting that there are appli- cations in for a commercial development across the street and a pro- posed PUD west of the 5ite and there will be a commercial development on the corner of the Countryside PUD. He noted that currently the land in the area is vacant and this petition is in concurrence with the Growth Management Plan. He noted that the property in question is part of an activity center which is mixed use. He noted that all reviewing agencies have recommended approval of this provisional use and Staff is also recommending approval. Commissioner Saunders questioned if there are requirements with regards to disturbing a pet cemetery if it is no longer in operation, to which Planner Nino indica:ed that the petitioner will discuss this matter. Commissioner Volpe questioned if this type of operation i~ appropriate for an activity center, to which Planner Nino stated that anything can be built in an activity center, including a single-family home. Mr. Alan Reynolds of Wilson, Mi ller, Barton, Sol1 & Peek, Inc., stated that there are no outstanding issues on the staff report and the provision'll use is recommended for approval. He noted that the landscape architect for this provisional use has had 30 years experience in landscaping cemeteries and has designed 25 pet ceme- teries. He noted that it will take about 20 years before this project is completely filled in terms of burials. He noted that the International Association of Pet Cemeteries requires certain standards that will be adhered to in order to receive certification for this ,£J Page 18 ..-..O^"'... '-'"" APRIL 25, 1989 cemetery. He noted that one of the requirements is a system for on- going maintenance which is provided in the form of a trust. He noted that a percentage of the burial cost will go into the trust and there will be a yearly maintenance fee from those that contract for a burial site in the cemetery. He noted that the provisions are made so that if an owner decides not to continue the maintenance fee, there is a way to take care of the cemetery. Commissioner Saunders questioned if there are restrictions about digging up a pet cemetery, noting that there is always the possibility that the owners could abandon the property, to which Mr. Reynolds stated that if new owners purchased the property and there were pets in the cemetery that had not met contractual requirements, they could be cremated. Commissioner Volpe indicated that he spoke with the attorney for the petitioner and there may be deed restrictions that would restrict the use of this property for a pet cemetery, adding that also compliance with the International Association of Pet Cemeteries is voluntary as the cemetery does not have to be certified. Mr. Reynolds indicated that this pet cemetery will be certified by the Association. In answer to Commissioner Shanahan, Mr. Reynolds stated that it is projected that there will be between 100 and 300 burials per y~ar which would take 20 years to completely fill the cemetery. He noted that the burials would st;¡rt in the front and then work toward the back and come up the other side. He indicated that the closest pet cemetery is in Lee County. Mr. Reynolds stated that the only environmental concerns was with regards to tree clearing, but there are no concerns with regards to environmental heal t!1. He noted that there will be no embalming done at this cemetery. He noted that the caskets would be fiberglass or wood and would be lined. Mr. Matthew Loiacano stated that he owns the property around the cemetery and cemeteries are not permitted in this zoning district. He f{ Page 19 -..-.,---". ---. --'.""'.0 --,._-"-~",."-,_..,,..,,, ,. ou". APRIL 25, 1989 noted that this is a major State road and a commercial area, adding that there is a higher and better use for this land. Commissioner Volpe stated that with regards to the deed restric- tion, it is not a stipulation that has been imposed by the Statt, adding that this is an open issue. He noted that there is always the possibility that this use should cease and at that point, the owners would have to go in and remove the pets. but if people have continued to pay the annual maintenance fee, he does not understand how the use of that property is limited because there is not a deed restriction limiting it. He stated that this should be included in the petition. He indicated that he feels that it would be appropriate to indicate for the record that the use of this cemetery is for domestic pets only. He stated that there may be a higher and better use of this property, but that is a decision that needs to be made by the peti- tioner. He noted that this is an unregulated industry in the State, but he thinks that U'.e issue of on-going maintenance for this cemetery should be add~essed. Commissioner Saunders stated that if this petition is approved, there could be a stipulation that there be a perpetual use agreement satisfactory to the County Attorney to be sure that the public interest is protected in terms of maintenance of the cemetery. Mr. Reynolds stated that the deed restriction is not a stipulation but is something that they planned on doing and the subject of having this approved by the County Attorney would be something that the Petitioner would be amenable to. Co..i..ioner Goodnight moved, seconded by Co8l8issioner Volpe and carried unani.oualy, that Resolution 89-108 be adopted. Ite. .9A2 See Pages -3 ~L-=-dJ () COMMISSION AGREES IN CONC~PT WITH THE CITY/COUNTY HALSTATT DRI AGREEMEJrT AND STAFF TO COME BACK IN TWO WEEKS WITH LEVEL OF REVIEW THAT IS APPROPRIATE FOR THE PROJECT County Attorney Cuyler stated that this is an item that was placed on the agenda and Staff is going to discuss the advertising require- ment as the Board cannot approve the agreement this date, but it has "./ 2>!; Page 20 ---.""" "---,,,.0'... . ""'--""'-..,-. --.- APRIL 25, 1989 been advertised for two weeks from today. County Manager Dorrill stated that in talking with the City Manager, they want to protect certain City interests in evaluating this project. He noted that they only have interest in the 350 acres that is west of Airport Rc'i:'.. He stated that the issues that are outstanding warrant some discussion. He noted that one of the issues is future amendments to the PUD and subsequent changes to that portion of the DRI. as well as some concerns over site development plan appro- valr,¡ and the issuance of inspections concerning building permits. He stated that the future amendments bear some discussion, but the Board's interest in reviewing the site development plan approvals can be accomplished through the submission of a site development plan in conjunction with the PUD application. He stated that the issue of building permits is an issue that is least important. He stated that the County will have the final decision, adding that the City has a desire to review these changes and will voice their opinions. Commissioner Saunders stated that if the County is going to take any part of the review responsibility, then the County should take what Staff feels is pertinent, adding that this should be a Staff decision. He noted that he wi 11 support the Staff on this matter. County Manager Dorrill stated that his recommendation is that the Board should be concerned about the initial rezoning and PUD r~lated approvals as well as subsequent amendments. He stated that what Staff is trying to achieve is a single governmental body being responsible for an overall community plan. Commissioner Saunders stated that in two weeks he would recommend that the agreemf>.nt state what has to be reviewed by the County or what the compromise will be between the County and the City. He stated that what the developer needs to know, is if the concept is acceptable. He stated that he feels that the concept is acceptable and it makes sense for the County to review this. Commissioner Jolpe stated that he has reviewed the agreement with the City and the developer and it appears that the City has provided ,5'(, Page 21 ""-"""-'--"'"""'.""""'-""- --.'-.-....--.--..-------" .._-,--- APRIL 25, 1989 that if there is any conf llct between the standards in the County anG the standards in the City, the County standards will apply and it a160 appears that the City hoped to be able to retain the right to issue all the building permits. Assistant to the County Manager Olliff stated that this will also include subdivision master plan approval processes and anything that wi 11 allow tree clearing and actual construction to occur. He noted that this will be included in what the City had intended under the development agreement. Attorney George Varnadoe representing the Petitioner, stated that the original idea was the petitioner's, when it became apparent that the property would be annexed one way or the other, adding that they wanted the project to be looked at as a total project from a planning point of view as far as issuing a Development Order and the PUD docu- ment. He stated that his agreement with the City does that but no further, adding that what is being requested is that the County actually do the zoning, issue the PUD document, and the Development Order and then the petitioner's intent was that after this was done, the appropriate parties would assume jurisdiction over the property withir. their jurisdictions with regards to administerial functions. He noted that the PUD document wou]~ control discrepancies and the entire project. He stated that as far as the County looking ë.'t the site development plan for the entire project, he has no problem with that. He indicated that the City has taken the position that develo:;>- ment permits, building inspections, etc. should be controlled by them within the part of the project that is in the City. He noted that he has no objection to the site development review ueing added to the County's agreement, but Staff and Petitioner need guidance as to whether the control will stop there and the City will pick up the administerial functions for their part of the project. Commissioner Saunders questioned if it would be any problem if the Board simply states that they agree with the concept that the County will be doing some level of review, but as far as the administerial ¿;1 Page 22 '.. ,.--,-"..."....-... ...-........-""....-..,,-"--. .--.. . . APRIL 25, 1989 functions, the Board will go along with what Staff recommends in two weeks, to which Mr. Varnadoe stated that he would work with Staff on this matter. Commissioner Volpe stated that everyone is looking at the same thing, adding that he does not have any problem with the administerial functions. but as far as the approval process, there should be a single entity that is following the plan through the site development process. Co~ssioner Saunders moved, seconded by Commissioner Shanahan, that the Co..ission agrees with the concept tor the Halstatt DRI pro- ject and Statt will come back in two weeks with regards to the level ot review that is appropriate. Commissioner Saunders questioned Community Development Administrator McKim, City of Naples, as to whether this motion would present any problem to the City Council, to which Mrs. McKim stated that the City Council has only approved the County issuing the PUD, Zoning, and Development Order for the DRI and any further review that the County wants beyond thi~ point will have to go to City Council. Commissioner Volpe questioned if Staff decides to take the review process to another 1 eve l, woula it be inconsistent with the develop- ment agreement between the Developer and the City, to which Mrs. McKim replied affirmatively. Upon call tor the question, the aotion carried unani.ously. ... Recess: 1:30 P.M. - Reconvened: 1:"5 P.M. at which ti.e Deputy Clerk Hottaan replaced Deputy Clerk ~enyon ... Ite. ftA3 REQUEST TO RECOHSIDER PU-88-28C, ANTHONY & DIANA GUALARIO - ADULT COHGREGArE LIVIHG ~AC~LITY - NO ACTION County Manager Dorrill stated that he spoke with Mr. Gualario this morning and he indi~dted that he would not be present since there will not be a public hearing. Mr. Dorrill noted that there is a letter from Mr. Gualarl0 in the agenda package rega~ding his Provisional Use petition for an Adult Congregate Care Living Facility which was denied. He indicated that 51 Page 23 - . . , -. '~---'--"-""'--'-'._-""'."" .".,., ---_0.- ~ APRIL 215, 1989 Mr. Gualario expresses concerns that he was not able to fully identify and respond to some of the criticisms ë'lnd issues which were raised and he has provided backup from his perspective. He advised that Mr. Gualario understands that the only action to be considered today is whether or not the Commission is willing, based on the testimony pro- vided or any additional information. to rehear the petition. County Attorney Cuyler stated that the request is made under the Reconsideration Ordinance. He noted that the Petitioner filed his request within the appropriate 15 days. He indicated that any Board member who voted with the majority. may move for reconsideration of the petition. He noted that if this is so done, and it is seconded and passed, the petition will be readvertised and reconsidered. He advised that it will take affirmative action by the Board in order to move forward. Commissioner Saunders advised that the Petitioner is prepared to file suit in Federal District Court, noting that there is a pending lawsuit. Mr. George Keller stated that this petition was presented, reviewed, and denied at the public hearing in March. He indicated that he does not believe that the C("Immission should be put in a posi- tion to have to defend itself every time it makes a decision. Po'! suggested that the request to reconsider this petition be denied. Commissioner Volpe stated that the request for reconsideration is to review new evidence that has not been considered, or something that was overlooked in the process. He indicated that the Commission is not being asked to re-review something that has already been done. He noted that Mr. Gualario has advised, as per his letter dated April 20, 1989 (as é'ppended) , that Chief Jones resides in the subject area, and therefore his comments should be tempered and there should not be too much emphasis placed on the fact that he is the Fire Chief of the North Naples Fire Control District. Commissioner Hasse indicated that under the position that the Fire Chief holds in that area, he has the responsibility to speak to that ..{9 Page 24 ,,' . .. ~..~.._-" ---." --.....",-.. .".,,------ ~ APRIL 25, 1989 issue. Commissioner Goodnight stated that regardless of whether Chief Jones lives in the subject area, or does not live in the area, does not change her mind. "0 action was taken on this item tor reconsideration. Ite. flC1 BID #89-1380, GOLDEN GATE COMMUNITY PARK PHASE 1 PART 2 - BASEBALL FIELD - AWARDED TO MID-CONTINENT ELECTRIC IN THE AMOUNT or $391,6"".55 PLUS 10' CONTINGENCY, TOTALLING $430,644.55 Legal notice having been published in the Naples Daily News on March 12, 1989, as evidenced by Affidavit of Publication filed with the Clerk, bids were received until 2:30 P.M. on March 29, 1989, to consider Bid #89-1380 - Golden Gate Community Park Phase 1 Part 2 - Baseball Field (Rebid of Bid #88-13150). Public Services Administrator O'Donnell stated that request is being made to award a bid for the construction of a lighted baseball field at Golden Gate Community Park. He advised that Invitations to Bid were sent to 25 vendors. Mr. O'Donnell noted that this is a rebid, adding that on February 7, 1989, the Board rejected Bid 88-1350 because the construction costs exceeded the amount budgeted. He indicated that prior to the rebid, the Parks and Recreation Department, Compliance Services, and the Consulting Engineers revised the specifications to try to brin!J the project closer to the allocated budget. He noted the following: change concrete dugouts to chain link fence; lower l.lght pole height from 90' to 70 " and relocation of the electrical feeder lines. He advised that these changes resulted in a cost savings of apprQximately $150,000. Mr. O'Donnell stated that the low bid was received from Mid Continent Electric, Inc. in the amount of $419,766.55. which was $73,000 higher than the $346,500 budgeted for this project. He noted that the Consulting Engineer and the Parks and Recreation Department reviewed the base bid and are recommending that Mid-Continent be awarded the contract with the the deletion of items totaling $28,272. &0 Page 25 .---- "--, --.---..,.-..----..--..---- -. APRIL 215, 1989 He indicated that the items to be deleted are: stabilize subgrade for parking lot, curbing, landscaping, drinking fountains, and additional parking lot lighting. He noted that it is recommended that a 10' Contingency be included for this project. He advised that the contract amount is $391,494.55, plus the contingency of $39,150 . $430,644.55 to be paid out of the 1988/89 budget. In answer to Commissioner Hasse, Mr. O'Donnell stated that the work tor the curbing, landscaping, and drinking fountains will be provided by Parks and Recreation Staff at a later time. ec-l_loner --.e 8Oved, .econded by Co-l..ioner 8haY\8.ban and carried unanl80ualy, t~,t Bid #89-1380 be awarded to Mid Continent IUectrlc, Inc. in the aaount ot 8391,844.&&, and that a 1°' ContiDg8DCY be ..tabll8hed tor a total ot 8430,844.&&. Mr. O'Donnell stated that it is anticipated that the time to complete construction will be 150 days, and the park will be ready for use by the public in the fall. It- nDl AOC8PI'A8C8 0.- WArn rACILITIU, DllIWOOD AT TO VIJrKY.u.D8 - APPROVKD WITII trrlPULATIOD County Attorney Cuyler stated that he requested that this item be removed from the consent agenda and placed on the regular agenda. He noted that the Executive Summary contains one stipulation relating to easement provisions. He indlcated that an additional stipulation should b. included as follows: Approval is subject to receipt and approval by the County Attorney of the mortgagee's release with 20 days. Co8a1_loner Goodnlght 8OV8d, .econded by Co_i..loner Shanahan and carrled unanl80ualy, to accept the reco...ndatlone ot Statt, including tbe 8ddltional .tipulatlon .. noted by Coun~ Attorney CUyler. See Pages ~~/7~~ It- n02 IIovwd tn8 14D3 o.-u 7' 7/13/?ý ACCKPrA8CK or WATD AIm aDD rACILITIKS, ULLDI'lK , PJlASK I, AT TO VIIlnA1tÐ8 - APPItOV'JD WITH STIPULATIO. County Attorney Cuyler advised that his office has been working with the Developer of the project to work out mutual problems. He vI Page 26 --.-..,.-.-,..."., ",..,..-. . - ,- -.,-,,--- APRIL 25, 1989 stated that it was intended that the acceptance include both the water and sewer fac 11 it ies. He indicated that his office has reviewed the documents and has found them to be appropriate. He advised that the recommendation should be to accept both the water and sewer facili- tielò. Co_iaaioner Shanahan .oved, seconded by Co..issioner Goodnight and carried unani.ously, to accept the water and sewer tacilities tor Bellerive, Phase I, at the Vineyards, as recommended by St.tt. Commissioner Volpe questioned whether the legal issue regarding Bayfront Gardens at Lely Barefoot Beach and the South Florida Water Management District has been resolved as to how the tests will be per- tormed for those facilities? Utilities Administrator Arnold replied that the issue has not yet been resolved. He noted that the Emergency Ordinance which was adopted earlier this year is in conflict with the present water restrictions. He indicated that Staff is in the process of revising the ordinance which will reduce the fire flow testing to once or twice a month during the water restriction period. He noted that Staff will present these revisions to the Commission in the very near future. Commissioner Volpe reported that there are homes in the Lely Barefoot Beach area that are ready for C.O. 's, but because of ti...e reduction in pressure, cannot be tested for fire flow standards, and therefore no C.O. 's can be issued. County Attorney Cuyler advised that everything is in the process of being resolved and Staff is waiting for sign off by South Florida Water Management District and the Fire Chiefs, adding that the paper work work will be forthcoming very shortly. . Tape #. See Pages ~-,1.¿1'J--.Ó ¡¿ ß~ I If 39 It.. #10A ý~~;)';;'J- ¡),;< 3S RESOLUTION 89-109/CWS-89-9/MWS-89-2/GWD-89-1. FORECLOSURE ACTION ON THE DELINQUEKT MATER AND/OR SEWER SPECIAL ASSESSMENTS - ADOPTED County Attorney Cuyler stated that the Executive Summary regarding this item is self explanatory. He indicated that the Governing Board of the water and sewer districts has to direct its attorney not later {¡tr Page 27 -- " . ---.--'.'-'-""'.. APRIL 25, 1989 than 30 days after the annual assessment installments are due and payable, to institute foreclosure actions on the delinquent water and/or sewer special assessment liens. He reported that the u t llity special assessment districts annual installments were delinquent on April 1, 1989. Co..iaaioner Shanahan moved, seconded by Commissioner Haaae to adopt Resolution 89-109/CWS-89-9/MWS-89-2/GWD-89-1. Commissioner Volpe questioned whether there is any explanation as to why more than half of the delinquent assessments occur on Marco? County Attorney Cuyler indicated that many of these assessments will more than likely be paid off, and they will not go to foreclosure. Commissioner Volpe questioned if there is a problem in the collection procedures? Commissioner Shanahan stated that he hopes this is not a misunderstanding or a lack of receipt of mai 1, and indicated that it appears that something is wrong. He indicated that this should be checked out before foreclosures are started. Clerk Giles stated that many of the property owners are from out of state, and 11' there have been change of addresses, they may not have received their notices. Upon call tor the question, the motion carried unanl.ously. Page {/1 28 . '""--"""",,,,"" APRIL 25, 1989 Item .10B RECOMMEll'DATIOHS RE NAPLES GO-CART TRACK - TRACK OWNERS TO MODIFY AND TEST FOR TNO NE.EXS: P.A. SYSTEM, LIGHTING AND PARKING; STAn" TO PROVIDE REPORT TO BCC ArrER MODIFICATIONS HAVE BEEN TESTED County Attorney Cuyler reported that this item wa~ presented two weeks ago and was continued in order to work out some of the problems. He advised that Staff contacted the owners of the track to see what they were willing to do to resolve the problems, as outlined in Mr. Clark's memo dated April 25, 1989. He stated that his office, as directed by the Commission, has looked into ordinances statewide regarding the regulation of go-cart tracks. He advised that there is almost nothing within the State on this issue, adding that there is only one ordinance which regulates activity and there is zoning cri- teria relating to uses. Compliance Services Supervisor Clark stated that he was asked to investigate this complaint. He noted that he contacted Mrs. Julie Johnson of Treetops Drive who complained of excessive noise and lights of the go-cart operation. He indicated that he made visits to the site and spoke with the owners, Mr. and Mrs. Zaino. He advised that there seems to be a consensus that the lights do intrude upon the complaintant's residence, as well as the noise problem from the P.A. system. He reported that he has recommended that the volume of the P.A. system be substantially lowered, and turned off after 8: 30 P. M. , and that the spot lights be adjusted to focus elsewhere. He indicated that the owners have stated that they will change the direction of the spotlight, and they will replace the P.A. system with one that is less offensive, and discontinue its use after 8:30 P.M.. He suggested that the owners be given a two week time period to make the recommend~d changes, with a review of that situation by Staff at that time. Mr. Clark advised that with regard to the noise, the Sheriff's Office went to the subject scene and found that the decibel level did exceed the allowable 60 decibels. Commissioner Hasse stated that he has visited the site, and the noise is very offensive. He noted that the parking lot appears to be {p& Page 29 -- T~~ T ~ -,-,-,---" . """"--_"_T"'._._,-- ,..."'" ~ .. ,. APRIL 25, 1989 too small to accommodate the number of people who are using the faci- lity. Mr. Clark reported that on the two nights that he made visits to the site, there were no parking problems, however, he noted that there was an instance where two cars were parked on neighboring lawns approaching the driveway, an.] ::>:: r" the owner was advised of this situation, he announced this on the P.A. and the vehicles were moved. Commissioner Shanahan stated that at the last meeting, the hours of operation was an issue, as well as the noise factor. Mr. Clark noted that Mrs. Johnson indicated that if the P.A. system is turned off at 8:30 P.M. this will alleviate her concerns of the noise problem. Attorney Kathleen Passidomo, representing Naples Go-Cart Center, Inc., stated that three days before the track was to open, several of the neighbors complained to the County and requested a meeting. She noted that the neighbors voiced two concerns: 1. Was the track properly approved? 2. Safety issues Attorney Passidomo advised that Mr. Olliff held a meeting with the neighbors on February 13, 1989, and the owners agreed to pay for speed bumps on Treetops Drive in order to ~~ low down traffic. She noted that they also agreed to pay 1/3 of the cost of a fence to be installed along Treetops Drive, but the neighbors have not acted on this offer as yet. She stated that the track opened on March 14, 1989, and shortly after that, Mr. and Mrs. Zaino were contacted by Mrs. Johnson. With regard to the decibel reading conducted by the' Sheriff's Office, Mrs. Passidomo noted that when the Zaino's were advised that the level exceeded the allowable 60 decibels by 8, they purchased a cover for the area where the cars take off. She indicated that there have been no readings taken since that time. She reported that in working with Mr. Clark and Mrs. Johnson, the owners have agreed to redirect the spotlights, and an electrician has been contacted and a shield will be placed over the lights. She advised that the speakers [,7 Page 30 ._,-,.-._,--"",""""., ,0_- .-~ APRIL 25, 1989 for the sound system will be replaced by high qu~lity speakers, and the volume will be lowereù. She noted that the P.A. system is not used for wild music, but merely to announce the park rules to operate the Ci!:.rts in a safe manner. She requested that Mr. and Mrs. Zaino be permitted to make the changes as previously stated, and see if the problems can be resolved. She advised that the Zaino's are interested in working with their neighbors. Mrs. Passidomo stated that the owners have obtained 521 signatures on a petition from customers of the Naples Go-Cart Center who are requested that the hours remain the same or be extended. She advised that those that signed the petition range in age from 10-75, and four persons are adult residents of the Treetops. Commissioner Hasse complimented Mrs. Passidomo on her efforts to mediate some of the problems. He noted that this is a step in the right direction. Commissioner Volpe stated that the Sheriff's Office should have a follow up check to ensure that the modifications to the sound system are not exceeding the decibel level. Mr. Clark indicated that the Sheriff's Office has been requested to check this out. Mrs. Camille Zaino, Owner of the Naples Go-Cart Track, stated that with regard to the noise level, her employees were using whistles, but when they learned they were violating the noise ordinance, the whistles were discontinued. She advised that at the time the track was constructed, the Zoning Department required 20 parking spaces, but she and her husband elected to have 41 parking spaces installed. She noted that she is making arrangements to have her employees park their cars in another area to allow for additional parking for her custo- mers. It was the consensus of the Commission that Mr. and Mrs. Zaino be given a two week time period to test the necessary modifications to the P.A. system, lighting and parking; Staff to ensure that they are not in violation of the noise ordinance; Staff to provide written report to the Commission after modifications have been tested. Page 31 vi ",..~."-"...",......"".."","", APRIL 25, 1989 It~.. I: PIta; i' ,',H'TIM. R!:CYcqJrG~GRAM AGR!:ZJtŒJrT - APPROVED ~~. ~r~sowski st~ted that h~ feels th~t the progr~m for çoll..c": ~5 a good start, but he regret!; ~,:'.1t it is so limited to .'\i a only r~ '~:jal. He noted th~t this progr~m doe5 not deal with the ~~:ur ~", 'C1:0rs of Waste. He indic~t..d that he hopes that com- i"";:; '~:"'T!. will be gi"'en the opportunity to respond in ]990. A'",." ,: County Attorn'!'y Weigel stat,=,'j thiit competitive bidding ~~d co~=h~~~~l pickup were not included within t~e 5,000 unit pilot progrð= ~h~~~se this is brought together under Section 403.706 Statu~e~ ~\~ch provides for curbside pickup. He noted that there are require~h:,:~ to negotiate with on-board fr~nchigeees for a permanent ¡Jrogrd~ :, ':"',:'.;uent to the pilot program, Co..:,; ,'; j on@r Shan.ah.an lIOVed, seconðed by Co_i..ioner Haase, to approve t:.~ Pilot Reaidential Recycling Progr.. Agr.."nt. Cle~~ :~le~ questioned why it Wð5 necessary to purChase curbside Contalne~', ~rrJ. Waste Manallelllent. Inc, inst..;¡d ')f ~ "'endor? Attc..~:"'i George '¡arnad'"fo" r"pre!",r,:lr.g h'cI'.;te /1<inagement, Inc., stated :~~: ~y buying In volume nationwide. his client is able to !"t..:;. :,"""~ prices. Upon call tor the question, the action carried UDani80U81y. " Page 32 ~I ~;'"-:--:,. ' - "--... "'---'-- APRIL 25, 1989 Ite. #11 BUDG~ AMEBDMEKTS 89-163 and 89-166 ADOPTED Finance Director Yonkosky stated that there are three budget amendments on the Clerk's Report today: one regarding matters pre- viously discussed, and two regarding matters not previously discussed. He requested that Budget Amendment 89-167 not be approved today, since it requires further review and he will bring this item back before the Commission at a later date. Co..i.sioner Goodnight moved, .econded by Commis.ioner H...e and carried unani80usly, that Budget Amendments 89-163 and 89-166 be adopted. Commissioner Volpe referred to the Tabulation of Contracts and Documents, Interlocal Agreement with the City of Naples re Beach Renourishment. He questioned whether there was any significance as to why this contract is over two months past due? Mr. Yonkosky stated that he will be providing the Commission with another detailed review of the outstanding items next week with Staff's comments as to why these items are outstanding. Assistant County Manager McLemore stated that he will check into this and advise. Ite. #12A COMMISSIOKER VOLPE TO REPRESENT BOARD OF COUNTY COMMISSIOHKRS OR THE HOISE ABATEMENT COMMITTEE (NAPLES MUNICIPAL AIRPORT) - APPROVED Commissioner Saunders stated that the Naples Municipal Airport Authority is requesting representation from the Board of County Commissioners to serve on the Noise Abatement Committee. Co..1..ioner Shanahan moved, seconded by Commissioner Goodnight and carried unanimously, that Commissioner Volpe be appointed to repre.ent the Board ot County Commissioners on the Noise Abate.ent Co..ltt_. Coaa1..ioner Shanahan lett the meeting at 3:05 P.M. It.. #12B STATE LEGISLA1'UU' S INDIGENT HEALTH CARE BILL - SUPPORT SDATB BILL 255: OPPOSE HOUSE BILL 807 Commissioner Goodnight stated that Senate Bill 255 states that the Legislature will increase the funding for pregnant women and intants, ,/1 Page 33 """"'---"'-'.-..., ".....,- -- APRIL 25, 1989 and it will increase the poverty level to 133%. She indicated that she feels that the Commission should support this Bill, noting that Public Health Unit Director Dr. Polkowski requested assistance from the Board regarding pregnancies in Collier County. Commissioner Goodnight indicated that the other Bill that she was concerned about was the Criminal Justice Bill. She advised that she does not have a problem with what they are doing, but the problem is the way it is being set up. She noted that the Committee will have the power to tax and regulate tax. She indicated that the members of the committee will be appointed, but they are not under the election process. She advised t'"tat under this Bill, the Board of County Commissioners can not do anything about their budgets, and therefore, she believes that the Commission should oppose this Bill. Co..i..loner GoodnIght .oved, seconded by Co..is.ioner Volpe and carried 4/0 (CO..i8sioner Shanahan not present), to 8upport Senate Bill 2:55. Co..i..ioner Goodnight aoved, seconded by Col8l8i.sioner Saunders and carried 4/0 (Co..issloner Shanahan not present) to opposed House Bill 101 .ince it takes away local governaental rule and gives it to appointee. who have no recall to the electorate. ... Coaai..ioner Goodnight aoved, seconded by Co..i.sloner Ha..e and carried 4/0 (Co..i.sloner Shanahan not present), that the follow- ing ite.. under the Consent Agenda be approved and/or adopted: Ite. #14.\1 KECORDIRG OF FIRAL PLAT OF WILLOW WEST - WITH STIPULATIONS Approval of the final plat of Willow West with the following sti- pulations: 1. Accept the Letter of Credit as security to guarantee comple- tion of the Subdivision improvements. 2. Authorize the recording of the final plat of Willow West. 3. Authorize the Chairman to execute the Construction and Maintenance Agreement. See Pages ~'3q- B. / - B.. ~ It.. #14.\2 RESOLOTIOK 89-110, AUTHORIZING PRELIMINARY ACCEPTANCE OF THE ROADWAY ARC DRAIKAGE IMPROVEMENTS IN VILLAGES OF MONTEREY AT WOODBRIDGE UHIT I ARC II - WITH STIPULATIONS Page 34 11 .""0 _. -, -'-"'.----'.-"-'--""'--.-"""" --.., _0.__'_"_"""- APRIL 215, 1989 Preliminary acceptance of the roadway, drainage, water and sewer improvements for Villilges ol' ;-'~(;¡¡terey at Woodbridge Unit I and II with the following stipulations: 1. Authorize the Chairman to execute the Maintenance and Escrow Agreement for Villages of Monterey at Woodbridge Unit I and II. 2. Authorize the Chairman to execute the resolution authorizing preliminary acceptance. 3. 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 3Cf-c, I - C.S Ite. #14A3 RESOLUTIO~ 89-111, DESIGNATING CERTIFIED CONTRACTOR LICENSING IKVESTIGATORS PURSUANT TO CHAPTER 81-364, LAWS OP FLORIDA, AND COUNTY ORDINDCES ~OS. 82-20 AND 85-34 See Pages .39- 7J. / - fl .;).. It.. #14Cl OKE-TIME EXCEPTION TO THE INTERVIEW EXPENSE REIMBURSEMENT EXPENSES FOR THE ~INALISTS paR THE AGRICULTURE DIRECTOR POSITION It.. #UDl ACCEPTDCE OP SOMERSET AT WIHDSTAR - SEWER PACILITIES See Pages O. R. Book 1436, Pages 297 314 Ite. #14D2 BAYPROKT GARDENS, LELY BAREFOOT BEACH - TRACT I WATER AND SEWER FACILITIES ACCEPTANCE - WITH STIPULATIONS Acceptance of the water and sewer facilities for Bayfront Gardens, Lely Barefoot Beach - Tract I, with the following stipulations: 1. The Fire Flow requirements of the project have been satistied and the Fire District furnishes a letter accepting the fire hydrants for ownership and maintenance. 2. Bacteriological testing has met the County's requirements. See Page s lS;k}..c-<.A/Y1U-~ ~ ~ CI..At..-- '7 II ~ I 'ii, Ite. #14D3 - Moved to Item 9D2 Ite. #14D4 - Moved to Item .9D1 It.. #14D:5 GOODLETTE-FRANX ROAD EXTENSION SEWAGE FORCE MAIN PACILITIES ACCEPTDCE See Pages O. R. Book 1436 Pa¡jes 290-296 It.. .14D6 VILLAGES OP MOBTEREY - UNITS I AND II SEWER PACILITIES ACCEPTDCE - WITH STIPULATION 19 Page 35 """",--,-,,-",.~.,,-,.....~, - - . .._-"...~,.".--,-,.. ,-,. APRIL 215, 1989 Acceptance of the sewer facilities for this project with the following stipulation: The newly installed sewer force main along Goodlette-Frank Road extension from Orange Blossom Drive, North to the NOl'th County Regional Wastewater Treatment Plant being accepted by the Board. See Pages O. R. Book 1436, Pages 280 - 289 It.. .14D1 TALL OAXS o~ KAPLES - SEWER FACILITIES AGREEMENT See Pages .3C¡-E', I -£.3 It.. .141U LEASE AGREEME1fT BETWEEN BOB AND PAX DEVELOPMENT, INC. AJfD THE BOARD OF COUWTY COMMISSIOKS WHICH PROVIDES FOR VETERAN SERVICES' COIn'ItroED OSE OF SUITE 103 OF ~_~ILCAR COMPLEX FOR THE ANNUAL AHOUIn' OF $10~ See Pages .3ft - F. / - f".L/- .. / Ite. #1411 CERTIFICATES OF CORRECTION PRESENTED BY PROPERTY APPRAISER 1988 No's. 1988-100-103 Dated 04/11 - 04/14/89 It.. #14I2 EXTRA GAIK TIME FOR INMATE NOS. 68008, 34175, 37653, 38443, 69109, 4901ð. 56334, AlfD 59825 It.. .1413 SATIS~ACTIOKS OF !.IJtKS RE PUBLIC DEFENDER See Pages ~ 9- 11 I - ~"f It.. #141 MISCELLAXEOUS CORRESPOHD~NCE FILED AND/OR REFERRED The following correspondence was filed and/or referred as indi- cated below: 1. 04/17/89 Survey of Expenditure and Employment for Civil and Criminal Justice Activities of Local Governments (Second Request), from the Bureau of the Census. Referred to Np.il Dorrill and Sheriff Don Hunter with original and filed. 2. 04/06/89 letter from Kenneth K. Humiston, P. E., Coastal Engineering Consultants, Inc., re DER File 111460389 Collier County, CEC File No. 88.001, concerning the 21 conditions listed in the Intent to Issue a permit for the Marco Island Beach Renourishment project. xc: Neil Dorrill, Harry Huber and f lled. 3. 04/11/89 letter from Lewis O. Burnside, Jr., Director, Division of Housing and Community Development, Department of Community Affairs, enclosing a copy of the Grant Application Kit for Florida's Narcotics Control Assistance Program (NARCAP). Filed. Page 36 '?D .. _.._, ,---, ,...."...",...." --.- ~'-' ~ APRIL 25, 1989 4. 04/03/89 letter from Virgil L. Choate, Correctional Officer Inspector II, Department of Corrections, attaching Inspection Report for the Collier County Stockade dated March 29, 1989. Referred to Neil Dorr ill and filed. 5. 04/03/89 letter from Virgil L. Choate, Correctio~al Officer Inspector II, Department of Corrections, attaching Inspection Report for the Collier County Jail dated March 29, 1989. Referred to Neil Dorrill and filed. 6. 04/07/89 Department of E~vironmental Regulations No~ic~ of Public Workshop to be held April 18, 1989 in Tallah~ssee re Domestic Wastewater Treatment Plant Monitoring. Rel.'erl'ed to Neil Dorrill, Mike Arnold, and filed. 7. 04/14/89 Department of Environmental Regulations Notice of Public Meeting of Environme~tal Regulation Commission to be held on April 25 at 1:30 P.M. and April 26 a~d 27 at 9:00 A.M., at DER Tallahassee. Referred to Neil Dorrill, Bill Lorenz, and f i :,ed. 8. 04/07/89 letter from Tony D. McNeal, Engineer, Department of Natural Resources, re final permit authorization, Permit No. CO-183, Somerset Corporation of Marco. Referred to Neil Dorr ill, Harry Huber, and filed. 9. 03/J.7/89 letter to DNR from Kenneth K. Humiston, P.E., Coastal Engineering Consultants, Inc., re CEC File No. 88.067, Collier County Beach Nourishment Projects Environmental Assessment. Referred to BCC and filed. 10. 03/31/89 memorandum to Michael K. Ar~old, Acting Utilities Director, from Ronald F. Cook, CPA, re County Water-Sewer District Preliminary Interim Financial Statements for the period ended February 28, 1989. Referred to BCC, Lori lalka, and filed. 11. 03/31/89 memorandum to Rob~~t Fahey, Solid Waste Director, from Ronald F. Cook, CPA, re Solid Waste Disposal Preliminary Interim Financial Statements for the period ended February 28, 1989. Referred to BCC, Lori Zalka, and filed. 12. 03/31/89 memorandum to Leo Ochs, Administrative Services Administrator, from Ronald F. Cook, CPA, re Workers Compensation Insurance Preliminary Interim Financial Statements for the period ended February 28, 1989. Referred to BCC, Lori lalka, and filed. 13. 03/31/89 memorandum to George Barto~, EMS Director, from Ronald F. Cook, CPA, re EMS Preliminary Interim Financial Statements for the period ended February 28, 1989. Referred to BCC, Lori Zalka, and filed. 14. 03/31/89 memorandum to Dan Pucher, Fleet Management Director, from Rona1J F. Cook, CPA, re Fleet Management/Motor Pool Preliminary Interim Financial Statements for the period ended February 28, 1989. Referred to BCC, Lori Zalka and filed. 15. 04/10/89 letter from Delores G. Dry, District Administrator, HRS, re an increase in general reve~ue funds in the amount of $15,695 for the School Health Services Program for contract year 1988-89. Referred to Neil Dorrill, Jim Giles, and f 11 ed. 16. 04/12/89 letter from Michael D'Agostino of Miller, Hodges, Kagan, and Chai t, re James F. Smith v. Collier County BCC Claim No. 415 78 2701, D/^: 05/06/85. Referred to BCC, Leo Ochs (Risk Management), and filed. g'1 Page 37 ,.--.,..-,..---,.- ,- APRIL 25, 1989 17. Minutes received and tiled: A. 03/21/89 - Immokalee Lighting & Beautitication Advisory Committee and 04/18/89. B. Agenda and Minutes tor the Golden Gate Estates Advisory Committee Meeting as tollows: 11/12/89, 12/04/87, 01/08/88, 01/22/88, 03/04/88. 04/08/88, 05/05/88, 06/03/88. 06/17/88, 07/15/88, 08/03/88, 09/16/88, 10/14/88, 11/17/88, 12/16/88, 01/27/89, 02/24/89, 04/07/89. Reterred to BCC and filed. C. 04/20/89 - Parks & Recreation Advisory Board D. 03/16/89 - CCPC and 04/20/89 Agenda E. 03/30/89 - Fire Consolidation Study Group and 04/13/89 Agenda. 18. 04/13/89 Notice to Owner trom Firm-Prestressed Syetems Industries ad"ising that they have turnished and installed prestressed concrete tor Collier County Health and Service Building under and order given by Carlson Corp/Southeast. Reterred to Neil Dorrill, Skip Camp, and tiled. 19. 04/12/89 Copy ot Notice to Owner (Better Roade, Inc.) from Ewell Industries, Inc., advising that they have turnished reinforced concrete pipe and related materials tor drainage tor East Naples Community Park under an order given by Florida State Underground. Referred to Neil Dorrill, Skip Camp, and filed. 20. 04/10/89 Twentieth Judicial Circuit Court Order Allowing Withdrawal of funds re Case No. 88-2870-CA-01-TB, Collier County, FL., a political subdivision of the State ot Florida, Plaintiff, vs. Texland Properties Corp., et al, Defendants. Reterred to Ken Cuyler and filed. 21. 04/10/89 Twentieth Judicial Circuit Court Order Allowing Withdrawal of funds, Case No. 88-2870-CA-OI-TB, Collier County, FL., a political subdivision of the State ot Florida, Plainti:.:'f, vs. Texland Properties Corp., et aI, Detendants. R~terred to Ken Cuyler and tiled. 22. 04/17/89 Answer ot Detendant Florida State Bank formerly known as Holiday Bank, Case No. 89-0642-CA-Ol, re James H. Elkins, etc., PlaintHt, v. Equity-Sound Development Group, etc., et al., Defendants. Referred to Ken Cuyler and tiled. fit- Page 38 -'-"'-"--" "-_...,,,~._- '--"'-m_...-...._m".._.",,--,.. -"._--- , T -- .. APRIL 26, 1989 ... There being no !urther bu8iness tor the Good ot the County, the meeting was adjourned by Order of the Chair - Time: BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(3) OF SPECIAL DISTRICTS UNDIR ITS CONTROL ~ CHAIRMAN RT L. SAUNDERS, ATTIST: .7AM!S C. GILES, CLERK ;;;1" ~;'.' -~-~~~ O.C-.. . ~Th.8e minutes~ved by the Board on ~7 'f.? /y/",?' as presentad or as corrected , Page 39 f'.! .w ..--- ----.-,- .. ..