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BCC Minutes 01/10/1989 R Naples, Florida, January 10, 1989 LET IT BE REMEMBERED. that the Board at County Co.-issioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) ot such special districts as have been created according to law and having conducted busine.s herein, aet on this date at 9:00 A.M. in RKOVL&R SasSI08 in Building .p. of the Governaent Comple~. East Naples, Florida, with the following aembers present: CHAIRMA1': Burt L. Saunders VICE-CHAIRMAK: Max A. Hasse, Jr. Richard S. Shanahan Michael J. Volpe Anne Goodnight ALSO PRESEIfT: Jaaes C. Giles, Cleric; John Yonkoslcy, 'inance Director; Dalila Mendez, Maureen Kenyon and Ellie Hoffman, Deputy Clerks; lIe il Dorro ill, County Manager; Ron McLemore, Assistant County Manager; Tom Olliff, Acting Community Development Director; ICen Cuyler, County Attorney; Tom Crandall, Utilities Administrator; George Archibald. Public Works Administrator; Mike McKees, Utilities 'inance Director; Harold Huber, Assistant Public Works Administrator; David Me.Ita, Project Planner; Dwight Kadeau, Planner; Jane Fitzpatrick; Growth Management Director; Ann McCoy, Landscape Architect; Nancy Israelson, Administrative Assistant to the Board; and Deputy Dave .Johnson, Sheriff's Department. Page 1 I ,- JANUARY 10, 1989 hpe ~ Iu. n ~ - ArrNoofY&U WZ'1'1l CIU8tnN11 Co8ai_loaer Goodnight ~, _ccmðed. by Co8a1ee..oner S~lIaD aDd carr led. UD8D.187ø.81 y, that the 8G8D4a be approved wl th t1Y~ tollO1riDg cb8Dgee: a. Request for public petition by Richard E. Braun re spoil bank &aterials - Continued to January 11, 1989. (This Hem does not appear on the Agenda inde~) b. Request tor public petition by Richard E. Braun re City of Naples Water Well. in Golden Gate Estates - Continued to January 11, 1989. (This item does not appear on the Agenda index) c. Item 14D3 - Sewer Facilities Agreement - Timberlake Club at Suaaerwood - Deleted. d. Item 14B3 - Reco..endation to approve and execute a lease agreement between the Board of County ColD8i8sioners and Ralph Crapse for a parcel of land located at the Immokalee Airport. - Continued to January 11, 1989. e. Item 14B4 - Recommendation to approve and execute a lease agreement between the Board ot County ColD8issioners and Jerry Hatfield and parcel of land located at the lmaokalee Airport - Continued to January 11, 1989. f. Item 14Al - Pocket of Poverty Grant - Correction to the sta- tute reference to be "Chapter 420.813", not Chaptttr 420.806(4). Xu... ft.UIU'li- OW D8CDI8D 13. 1 ,.. - A.PnOVED Co8ai_loner 1Ia8- ~. _cODdec1 by C0881eel00er Goodnight aDd carr led. vna.n ll1OU8 1 y, that the 81nut- ot Deceab8r 13. 1'" be ~¿ov.d - pr&88I1ted.. Xt- ftA IXPt.O1'D RftVIc. .uwtDS - PUSDnI) Co..is.ioner Saunders presented Employee Service Awards to the following employees: .John Capone Utilities Department !I year. Clyde McPry Road & Bridge Department 1!1 years Arturo Herrera Parks & Recreation Department 1!1 year. Xu. ft. I'8OCt.AIII.rI08 It8COØJIIZI.O .JAJIOUY U, 1'" AS -MAHrI. LU'rJID DJIO. .1Jt. DAY'" - ADOr6&U Co..i.sloner Shanahan read the proclamation recognizing January 1', 1'89.e "Hartin Luther King, Jr. Day". Since Hr. Caabridge was not Page 2 fl "'.-- -.-'--- JANUARY 10, 1989 pre.ant to accept the proclaaation, repreeentative. accepted the proclaaation on his behalf. c-t..100er Shao~_h-n ~. ~OD4ed by CO88is.Icmer Volpe aDd carr led. 1ZDIm.!W7Q81 y, that the Proclaaatlon recognizIng January 16, 1'1' - Martin Luther JtIn.g, .Jr. Day, be a40pted.. Page 3 q ------ u -- ,-- -,--- JANUARY 10. 1989 It- .ac PIIOCI.&JIArIOII D&SIGDTI.O .JAJIOUY 14, 1181 AS HABITAT roa 1IDKIJfI'I'1' DAY IJf COLLID \;\Nil 1: I - APOrT &U Coaaissioner Goodnight read a proclaaation designating January 1'. 1989 as Habitat for Huaanity Day in CollIer County, and ~ it. 8doIrt100, 8eCOD48d. by Co8a1_1oner p\a~han aDd carr led. unani8::ra81y. Hr. Dave Euting, Project DIrector for Habitat for Humanity Day of Iaaokalee, accepted the Proclamation. and pointed out that since 1988 volunteer. have jointly worked to start a new 3-bedroom home every 30 days, without the need to utilize government funds. Page 4 I( "".---.,- ,--.--, JAJroARY 10, 198¡ It- ...1 PSTIrI08 a-11-'3C, BOTLER E80IKEERI.G, I-C., R.EPR&SD"fI.O QUAIL MOODS ~&TD DEnLOPMZJIT CORPORATIO., IUQUE.STI.O & uzon J'ROM &-2 TO JtJØ-8 lOR 112 MULTI-FAMILY exITS - CO~I.uED TO .JA8UARY 2', 191¡ Co8aJs.lcmer 1Ia8- 8OVed, ~onded by Coaaissioner Sha"ahaft and carrled. unan1Mou8ly, that Petition R-11-43C be contlnued to January 2., 1.... It- ...2 oaJ)IJIAJIC& 81-1, U PETITIOW It-I'-UC, COJrLrl DD au:D, ItKPItDD'rIJIØ IrJI o-nno a. V. USOJt'1', I.C., UQO'&STI.O & UZOKE J'ROM &-2 TO PVD 'to B& ÐIO8 AS p.AJlI.DIn POIm It. V. DSOJt'1' - ADOP'RD Legal notice having been published in the Naples Daily News on December 10, 1988 as evidenced by Affidavit ot Publication filed with the Clerk, public hearing was opened to consider Petition R-88-1'C, requesting a rezone from A-2 to POD to be known as "Paradise Points R.V. Resort" for 383 R.Y. sites, recreational, conservation, and water aanageaent related elements for property located on the south side of Taaiaal Trail (0.5. 41), approximately 2.6 miles east of the intersec- tIon of O.S. U and S.R. 9!11, !l6.13 acres, Section 12, Township 51 South, Range 26 East. Planner Weeks advised that the subject rezone is to allow develop- aent of 383 TTRY lots, a ~4 acre clubhouse site, additio~.l recreation area, and retention lakes on 1 units per acre gross density. He .tated that to the north ot the property is a convenience store and vacant land; to the east is undeveloped land; to the south are farm tleld.; and to the west is Imperial Wilderness, an RV Parle. He indi- cated that the request is in compliance with the 1983 Comprehensive Plan a. indicated on the Staft report. He noted that the property Is wlthin the Urb~. Designated Area as delineated in the draft Future Land Use Map. He recommended approval of the project subject to sti- pulations, and noted that the Staff report e~pands on TTRY uses. He indicated that the Planning Commission held their public hearing on December 1!1, 1988 and torwarded the petition with a unanimous vote of denial. He stated that the CCPC expressed concerns about the .~age syst.m tie-in with Imperial Wilderness, the adjacent project. He Page ð Jg _",_"° ,'00" ........- ."'.. '" -- "'-'-"--' JANUARY 10, 1989 noted that 6 persons spoke in opposition due to the tie-in of the sewage system; concerns were expressed regarding schools and traffic iapacts and crime increase. He stated that tour letters and one peti- tion with 31 signatures have been received citing their opposition to the project. He stated that subsequent to the CCPC meeting. the peti- tioner met with Staff and propcsed ~o provide sewer facilities on a separate tract of land to service both the subject project and Imperial Wilderness RV Park. He noted that the petitioner is aware that a provisional use application must be filed and approved by the Board to initiate the aforementioned proposal. Responding to Commissioner Saunders, Mr. Weeks advised that the only discussion at the CCPC related to the sewage treatment plant, and Imperial Wilderness expressed concerns to the tie-in. In response to Coami8sioner Hasse, Mr. Weeks indicated that the petitioner felt it woul- be more economically feasible to locate the sewage treatment on the saae piece of property. He expounded that the petltioner will be required to comply with applicable standards for sewage treataent facil1 ties. He noted that the enforceaent of sewage treataent plants taIls under the jurisdiction of the Department of Environaental Regulation. hc....ever, the County is responsible for con- ducting inspections of the facilities. County Manager Dorrill advised that the Board has recently adopted a Code Enforcement Ordinance in creating a Board, for which Statf is in the process ot soliciting membership. Acting Co.-unity Developaent Administrator Olliff advised that Staff is not pursuing delegation ot an authority agreement with DER tor enforcement of sewage treatment plants. Mr. Meeks explained for Co..issioner 701pe that Staff hID. requlred a 60 toot right-ot-way, unless at the time of site development it 1. found that the petitioner's proposed 40 foot right-of-way is eut- t1cient. Mr. Conley, representing the petitioner, indicated that all per- tInent issues have been satisfactorily addressed. He contirmed Mr. Page 45 It{ _--_N"-- ~ ----, " , JANUARY 10, 1989 Weeks' state_nt about the locality of the sewage treat.ent plant on the existing location or at a 10 acre parcel of land at the southwest corner of the property. He stated that on Janu~ry 6, a meeting was held at the I"'perial Wilderness Clubhouse and an agreement was signed by the Paradise Resort developer, the Imperial Wilderness developer, and the As80ciation. binding the developers to secure certain problem. to locate the plant in the area and other ainor concessions. He 8tated that the agreeaent received a 2!10:1 vote. ColD8issioner Hasse asked abou t the !l00 foot air conditioning space to which Hr. Conley stated that the PUD docuaents allows for future t1exibility. He con- tiraed for Co..iss1oner Volpe that if a developer established a 8ini- 8U8 aaoun t for square footage for a park it would be to develop a haraonious park. He advised Coaaissioner Hasse that the current TTRV zoning does not define the terms ~per.anent~ or "teaporary". He further advised that the standards in the PUD document are more restrictive than the standards for TTRV zoning. Mr. Weeks stated that the draft to the TTRV zoning addresses a 500 foot aaxiaua and .ini.uas are not addressed. He noted that the TTRV district per.its .ore than park .odeI8. He stated that t:I'1e 8ix aonth residency is proposed, and reiterated that the building code must be ~08plied with. Responding to Co..issioner Hasse, County Attorney Cuyler advised that the criteria is set up in the ordinance for the PUD. Mr. Conley noted that in the TTRV rezoning density 1s allowed at 18 units per acre, however. the PUD li.itation is 1+ unit per acre. Mr. Charles Johnson, Director of the Imperial Wilderness Association, Inc., advised that the aeabers approve the zoning of the parcel of land. He confiraed that the Association had voted 250:1 to accept the document submitted. He adviseo1 that upon purchase of land in an RV Parle. a documel'1t i8 signed which limits the minimum size to 22 teet, and a180 li8its the aaount of people to the size and to the structure. Mr, 0 1li f f asked Hr. Conley if he would object to the inclU81on of Page 7 ¡{ --""...."",.-. ,0... --". ...-- .JAJroARY 10. 1989 language indicating a time fraae in the POD docuaent to be six 80nths? Mr. Conley advised that he was reluctant to set a time 11mitation prior to the approval of a dratt ordinance. He noted that the POD docuaent indicates that the structures may be permanent, however. their usage aay be temporary. He confirmed for Commissioner Volpe that the lots will be sold, and the leasing agreements have time 11mi- tatiorul of the units. Mr. Chester Dobeck, resident of Westwinds to the north of the sub- ject property, asked Hr. Conley, it the development of the property would aake it harder for the County to aanage the water and outfall in Hickory Bay? Hr. Conley responded that the property to the north of O.S. 41 will drain better. He noted that the developer will dedicate 6ð feet for a potential canal which will result in the water tra- veIling under U.S. 41. and draining in a westerly direction towards Hickory Bay. He stated that the water problem is not contemplated, as it will be channeled to the canal. Co_issioner Saunders explained for Mr. Dobeck that an Ordinance requires that runoff from a certain size storm must be stored on site. Hr. Dobeck suggested that further studies of the watershed be conducted. County Attorney Cuyler recommended that language be incorporated into the POD docuaent indicating that the petitioner would be applying for a provisional use within a certain period of tillle. and it not approved by the Board, the PUD will be ineffective. Co-issioner Saunders clarified that it the POD is approved. the Board is not bound to the approval of the provisional use. Mr. Conley concurred with Mr. CUyler's recoamendation, and noted that Mr. Weeks had explained that the 10 acre parcel would have to go through the rezoning process, and noted that the 10 acres are not owned by the petitioner. Hr. Cuyler indicated that he would be writing the language to be incorporated into the PUD document for Hr. Conley's review. Co..issioner Volpe suggested that the petition be continued until such ti88 as the provisional use is presented to the Board. Mr. Conley requested that the aforaentioned suggestion not be in1tiated, Page I III '""-"""'" " - -"- ,-- '-"-- JAJroARY 10, 1989 .. t~A provi.ional use process takes about six aonths. He .tated that he would not object to language indicating that construction would not be iaple.ent~d until th~ sewage treatment plant matter 18 settled. He noted that accordin~ to the agree.ent the property will not be deve- loped H the property does not go through the provisional use unle.. the s~ge treatment plant is relocated. He stated that once the rezone is approved. the petitioner can proceed to do the engineering, and the lake excavation plans. Responding to Co..i.sioner Goodnight, Mr. Cuyler clarified that within the POD docuaent the petitioner does not have the cl.i. that it is a legal development document that would entitle hi- t~ go forward without having the provisional use for the sewage treat.ent approved. Co..lssioner Saunders stated that Mr. Cuyler would be drafting the language to which Hr. Conley has agreed to, and noted that the peti- tioner would be proceeding at his own risK. Mrs. Charlotte Westaan, representing the League of Wo_en Voters of Collier County, asked for a definition of th~ tera "seasonal residency"? Hr. Weeks responded that "seasonal residency" .eans that residents would be .taying at th~ location for a short period of time. Mrs. Westaan indicated that as RV Parks are not peraanent residences, they .hould not be rented throughout the y~ar. Mr. Weeks noted that the Zoning Ordinance does not specifically provide for a time limlta- tion. Co8ai..loner Volpe aovttd, ~0Dð8d by CO88.1ss100er 1Iaa- and carr led. aD8Z1111OU81 y. that the public bearing be clO84td. County Attorney Cuyler advised Co..issloner Volpe that the deve- lopment would pay impact fees upon the issuance of the build-:ng permi t tor the individual units. Public Nark. Administrator Archibald explain~d that the PUD docu- ment doe. not address impact fees specifically. He noted that it can be initiated whereby the developer agrees to pay a fee based on the number of lots to be developed at the time the zoning takes place. Co..is.ioner Volpe su~gested that the aforementioned be included In Page 9 /'1 --.-.' .,,- ----- JAJlUARY 10, 1989 the POD docuaent. Mr. Archibald explained that as the lots are deve- loped they will require a per.it, at which time the i.pact fee will be paid. Hr. Conle? clarified for Coaaissioner Shanahan that some of the lots will have a unit placed on thea, however, others will be purchased by individuals who do not desire to place a permanent unit on the lot. He noted that if the lots generate an impact fee under the existing ordinance, the developer will indeed pay an impact fee. He asked that this particular development not be singled out for impact fees if the Impact Fee Ordinance does not address it. Mr. Cuyler concurred with the aforementioned stat~aent and noted that if there i. a loophole in the Ordinance then it has to be corrected. Tape n Co..issioner Saunders clarified that tenants who rent property e.g. in a hotel, RV Park, condominium etc., are not charged an impact fee. In response to Co..issioner Hasse, Utilities Adainistrator Crandall advised that a master water .eter will be installed based on the number of units, or individual meters will be installed for each unlt. ec-..1_1 ODe I' Ooodn 1 gh t ~, ~0DdeC1 by Co88.1..10D8r ScaDdera to ~10V. Petitlon R-I.-l'C, subject to the .tipulatlon of the provl- .10Dal U8e for the .-ge plant; that the sewage treat8ent plant will be off the property, and subject to the agr..-nt slgned by the r_i- deDta of Iaperlal Wl1derneas. Co..issioner Saunders asked Hr. Conley if he agreed with the aotion to which Mr. Conley advised that he concurred with the aotion and the stipulations. Co..issioner Hasse suggested that a jittle more tying down should be done on the petition. He noted that the RV Park will be owned by lndividuals that will be allowed to rent frequentl¡. He stated that there will not be enough control in the RV Park. Mr. Conley noted that the POD document is more restrictive than the current T~RVC Page 10 f - ~-". h"'._"..-. . ,-- JAKUARY 10, 19U zoning. Co..issioner Volpe asked Hr. Cuyler it the motion will assure t:le Board that the project will not be permitted to proceed until such ti.. as the services are available or provIded for? Mr. CUyler noted that 1t i. up to the Board to set a tiae period tor the petitioner to co.. back with a provisional use. He noted that the petitioner has no vested rights, no right to have the provisional use approved, and wIll lose all their rights if it is not approved. Coaaissioner Volpe noted that the Board has not given the petitioner a time fraae from which to work. Hr. Conley agreed with Mr. Cuyler's stateaent regarding the vested rights, and noted that he would be agreeable to a 30-day IJaltation to apply for the rezone. Co8ai-loner GoodnIght 888Dded her aoUon to include a 3o-day l1a1ta~ion to apply tor the rezone; CO88Issloner Satmðer. ~onded the ...." ""'nt; the aotion carried. 4/1, C088Is.ioner B.aa- oppoeeð; that the ordi~ as DUabered. and titled below be ad.op~ed aDd entered JDto Ordi~ Book 80. 34: ORDI:LUJCK 19-1 A!f ORDINANCE AMENDING ORDINANCE 82-2 THE COHPREHENSIVE ZONING REGULATIONS POR THE UKINCORPORATED AREA OF COLLIER C~ü!fTY. FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS HAP NUHBER !l1-26-1 BY CHA!fGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROH A-2 AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT K!f~1 AS PARADISE POINTE R.V. RESORT FOR 383 R.V. SITES, RECREATIONAL, CONSERVATION, AND WATER HANAG!HENT RELATED ELEMENTS, FOR PROPERTY LOCATED ON THE EAST SIDE OF TAMIAMI TRAIL (U.S. 41); APPROXIMATELY 2.6 MILES EAST OF THE INTERSECTION OF U.S. U AND S.R. 951, CONTAINING 56.13 ACRES, HORE OR LESS; LOCATED IN SECTION 12, TOWNSHIP !II SOUTH, RANGE 26 EAST; AND PROVIDING FOR AN EFFECTIVE DATE. In regard to Commissioner Volpe's concerns on whether the County can charge people who rent property an impact fee, Hr. Cuyler noted that it is covered by road impact fees and he would check to see it any park or library impact fees apply. ..... Jt.ec..s: 10:40 A.M. - Reconvened: 10:ðO A.M. at whlcb tl- Deputy Cl.rk huyoD replaced. Deputy Cl.rk Men4ez ..... It-..83 PTrIrIOW PDA-SI-6C BROCE GREEX. ASSOCIATES, IKC. IlEPUSDTI.O CAJU. M. .""¡;-. tJW8TIU UQOESTI.O .. M.ulWUUlT TO EASTRIDGE POD - COItfu.UAU TO .JAJIOUY 24, 118' Co..issioner Shanahan moved, seconded by Co.ml.sloner Ha.s. and carried unaniaously, that Petition PDA-88-6C be continued to .January Page 11 ,1 ","", -." ..'""-"',~- . ,--,~_. --- ..,~.- JAKUARY 10, 1989 2., 1989. It_.eel USOLU'rIOII 1t-8 U PETITIO. AV-II-o20, R. BJmC& UDDSOJI AS AGDT. R.8QOUflJlO VACATI08 or C.I.LI.B DEL RAY, A 100 roar RIOBT-or-tQY AS SJI(MII 08 rD Pt.AT or PALM SPRnos PLAZA. OJIIT .0. 1 - ADOPnD Legal notice having been published in the Naples Daily News on December 25, B88, and January 1, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider Petition AV-88-025, filed by R. Bruce Anderson as Agent, r~sting vacation of Calle Del Ray, a 100 foot right-of-way as shown on the plat of P~lm Springs Plaza, Unit No. 1 so petitioner aay consolidate property. Public Works Administrator Archibald stated that this is a request to vacate Calle Del Ray which is a public road located in Pal. Springs Plaza, Unit !fo.l, adding that the subdivision is north of Radio Road at the easterly end of the road adjacent to State Road 84. He indicated that the owners of the adjacent lots have petitioned to vacate the existing road which is approxiaately 600 feet east and west of Palm Springs Blvd. He noted that the area that is currently zoned coaaer- cial and has a series of øubdivided lots could be better clanned and utilized by the vacation of this road and the size of the area would aake it .asier for developers to plan their development. H., noted that Staff has no objection to the proposed vacation realizing that the vacation has a roadway width of 100 feet and represents approxi- aately 2.8 acres of public road that will be vacated and become coa- aercial property. He stated that there will be direct and indirect benefits to the existing land owners. He stated that the letters of no objection have been received from all the pertinent utilities. He stated that there is a correction to be .ade on the resolution, noting that it indicates a vacation of a 60 foot right-of-way and it is actually the vacation of a 100 foot right-of-way, adding that the length reaains the same and the westerly 30 feet will remain as an easeaent and will not be vacat~d. He stated that he is recommending approval and authorization for the Chairaan to execute the resolution. Page 12 ~() ",-."..",.,......, - JANUARY 10, 1989 In answer to Coaaissioner Shanahan, Hr. Archibald stated that there is a 30 foot easement that runs along the westerly boundary of the develop8ent as a whole and he wants to be sure that this easement stays intact. Co..issioner Volpe questioned how the 3 acres of property wl11 be used by the Petitioner, to which Hr. Archibald stated that at thi8 time there are a series of lots that range from approxiaately 100 feet in width to approximately 115 feet in depth and as a result of vacating this roadway, there will be one large parcel in which the current property owner c~n either subdivide it or develop it as one large parcel. He s':'!ted that the usable space and the ability to better plan will be made available to the developer by vacating thi8 roadway. Attorney Bruce Anderson indicated that he has reviewed the statf report and he has no objections and would be willing to answer any questions. Co8ai_lcmer tJ".om..Þ81" aaved, ~cmðed. by eo-J.s810D8r OOodDlght aDd carr led. unan.187ø.81 y, that: the public bearIng be clo88d. Utilities Administrator Crandall stated that he has í..alked with the Petitioner and his understanding is that they have agreed to pro- vide the necessary easements or rights-of-way In the n~ development for the utilities that will be required and questioned if this is accurate, to whio:h Hr. Anderson stated that he has agreed to thi8 and agrees to the stipulations put on this development. ~8810Der Sh"ft~h.n ~, _con4ed by Coaa1s.10D8r OOodDlght aDd carr led. anan I80U8 1 y, that R8eolution 89-6 re P8tltion AV-88-G26 be 8ðopt:ed wlt:h the change to the 100 foot rlght-of-way inst:aad of the 60 toot rlght-ot-way anc1 that there be an agI'..-nt wlth t:he Developer to b8v'8 8CC88S by an e-.....nt or rlght-of-way to _rvlc. the utl1ltl_, Page 13 $1 ,","'----"" --,-,- JANUARY 10, 1989 It_.-.c2 08DD1A8C8 1t-2/USOLOTIO. )8fS-It-l I.CR.L\SI.O 'nIB MARCO -TO AJrD ßRD DlanICT søø una - ADOPTKD Legal notice having been published in the Naples Daily News on Deceaber 20, '988, and the Harco Island Eagle on December 21, 1988, as evidenced by Affidavits at Publication tiled with the Clerk. public h.aring was opened to consider an increase in the Marco Water and Sewer District Sewer Rates. Mik. McKees, Utilities Finance Director. stated that this is a public hearing to consider increasing the user fees tor the sewer in the Marco Water and Sewer District. He stated that as part of the 1989 tiscal budget preparation, the utility staff prepared an analysis of the revenue requirements for the Harco Water/Sewer District. He stated that the operating expenses were established tor the year and that was divided by the number of connections on Harco including the ones that are projected for the year, and then divided by 12 which w111 give the 80nthly sewer rate. He stated that sewer was first charged in 1981 on Harco and in a residential home with two bathrooms, the rate was $11.25 per month at that time. He stated that there was an increase in 1983 to $13.00 a month and a !I' increase 1"', 198!1 which aade the 80nthly charge $13.65 and the rate has been stable since that tlae. He statetd that Start is now proposing an 11' increase which would aake a residential home with two bathrooms, $1!1.1!1 a month. Be stated that with regards to other utilities that serve Collier County, the County Water/Sewer District charges $16.~0 for the saae usage; Pelican Bay charges $13.82 which does n~t include effluent disposal which is extra; the City of Naples charges $16.40; Harco Island Utilities charges $13.23; and Florida Cities in Golden Gate charges 817.48. He stated that the rate is still within the range of coaparable cost in thet County, adding tha~ when State-wide surveys are coapared, this rate is at the 10" end of the average comparison. Be indicated that the actual ordinance that will implement these rates has been reviewed by the County Attorney's office and he is requesting Page 1. ~~ ,~«"'^'-'","" .. - .-."" ,,----.-- ---. JAJroARY 10, 1989 approval on this matter. Mr. Ira Evans, resiðent of Harco Island, stated that last July at the budget hearings, he raiseð a number of questions with regards to ite.. that ap;eared to be questionable in the budget that supposedly supported an 11' rate increase. He stated that subsequently there have been meetings with the utilities people but all the objections have been ignored. He referred to the rate analysis in the agenda packet, noting that the item of $4~,OOO represents a 30' increase over the actual expense recorðed for this item in 1981-88. He stated that this 30' was represented by a reserve for wage adjustments which was never aade and no expense was recorded, adding that there i. none budgeted. He noted that the approved 1988-89 buðget includes $42,000 in interest income which is not included as revenue in the rate analy- sis, adding that it incluðes an item of ~, revenue reserve which is nota legiti_te item of expense as this is a statutory requireaent related to budget prov1~ions anð has nothing to do with actual expenae. He noted that the Executive Sumaary indicates that the addi- tional expense of a rate consultant is not necessary, but in the following paragraph it says that the consultant found th~t the pro- posed increase was necessary. He stated that aside from the fabri- cated arithmetic that doe. not support any rate increase, the expense involved is significantly less than what is included in the rate ana- lysis. He stated that the rate structure itself penalizes and is dlscriminatory in that it is based on nu.bers of bathrooms. He noted that he lives alone in a 3 bathroom house and his next door neighbor has ~ occupants with two bathro08s, adð1ng that he has solð his house and it will be occupied by four people, but the rate will stay the saae. He stated that thert! is a disproportionate amount attached to each bathroom and the actual aaount paid is unrelated to rates approved by the Public Service Co..ission for Harco Utilities to pro- vlde the same identical service. He noted that it does not take a coaputer to demonstrate that those that are paying the County are paying significantly more tor the same identical service thar the PSC Page lð 'tq ----,-- --~- -~------ ~"" _.,-" " .----, " JAJroARY 10, 1989 would approve for Harco Utilities to charge. He stated that the current rate paid to th~ County is approximately $3~.OO per year more than what is paid to Harco Utiliti~s which mak~s a differ~nce of 2a and the proposed rate would increase this to $!l6.00 per year or a 35' increase, adding that the comparisons that the utilities staff 18 presenting is aeaningless because th~y do not actually show what the custoaer 1s paying. He indicated that rates approved by the PSC include provision for property taxes, income taxes, and a return on investaent, non~ of which would apply to the Harco Island Water and Sewer District system. He stated that it is hard to believe that the County's cost can justity the rates that are being proposed, adding that on behalf ot th~ ratepayers of Harco Water and Sewer DIstrict, he is requesting that this proposal for an unjustified rate increase be denied. He stated that they will support their request to the legislative delegation by asking that the Harco Water and Sewer District be excluded fro. the boundaries of the Collier County Water and Sewer District and to ext~nd the rates approved for Marco Utilities for the entire area serviced by the Marco Water and Sewer District. He stated that there is no justification tor this rate increase. Co..issioner Volpe stated that the only question that he has i8 with regards to the interest income, to which Hr. McNees stated that what is on the analysis relates only to operating expenditures, adding that there is also interest income that relates to the debt service budget that does not connect with the operating expense. County Manager Dorrill stated that there are two different budgets; one operating and one capital and then the associated debt and the revenue was applied through interest earnings as well as ..sessaent payments on the debt side of the equation. Clerk Giles stated that it is basically interest on the ....ssaents rather than on operating funds so it has to be used for debt service. Co..issioner Shanahan requested that Mr. McNees explain the dif- Page 18 Z5 -----,--,---, ---,~-,-"._-- ' .JANUARY 10, 1989 ferential in the Marco Island Utility cost and the proposed County cost. Mr. Mc...s stated that the County provides only collection service to the areas of Marco Island that the County serves, but the County is tied to an agreement to pay to treat the sewage which is the largest portion of the operating expenses. He stated that the areas that the Coun~ serves is only served because either Deltona is unwilling or unable to provide that service and for the County to do this, there are certain costs that are incurred. He noted that these costs have to be recovered and the only way that this money can be recovered is through the custo.ers. Co..issioner Shanahan stated that if there has not been a rate increase since 1985, on what basis is the County operating? Mr. McKees stated that tor the last 3 years, the County has operated approxiaately $20,000 in the red and this rate increa.e will raise approxiaately $20,000 which will bring the County to a break- .".D point. Mr. Evans stated that the accounting records show that the system has Dot been operating at a 108S for the last three years. He noted that the billing could be transferred to Harco Utilities which would eliainate a lot of duplication and expense. Co8ai.sl0D8r St>~han aoved, ~0Ddad by Co8a1..1oner Volpe aDd carried unanlaaaaly, that tba public hearlng be clo88d.. Co8ai..ioner Shaft.llhan aoved, that this requeat be approved for. public bearlng and _king that there be a coaplete review of this -tter taJdDg lDta c0D.81c1eratiOD Mr. Þana c~ts. Mr. McNees stated that what is being requested this date is that the public hearing be conducted which was just done and then at the coapletion of the public hearing, the ordinance be adopted. Co8ai_loner SÞ-uah8D wlthdrew hls aotiOD, noting that be ... not .-re that tba arcUnanc:e ... to be adopted. this date. ec-..1.sioner Goodnlght ~, ~0Ddad by CO881.s1oner Volpe aDd carrled. fo/l, (Co8a1..100er SÞ.aehCl oppoe8d.). tha t the ord1AaDe4I aDd hge 17 -1-{, -...---.,..----,., ,.",'. 3A8UAKr 10. 1... 888cll11t:ioa - ~red. aDd titled belOlr be 8do¡rted aDd 8Iltere4 J.J1to ~,- Book 110. ,.: OJU) I JUJrC1I: I t- 2 USOLU'rIOW MIfS-89-1 AN ORDINANCE AKD RESOLUTIOK AMENDING SECTION 5 OF COLLIER COUKTY ORDIIiANCE NO. 83-39/RESOLUTION NO. HWS-83-1 AS AMEKDED BY COLLIER COUKTY ORDIKANCE NO. 8!1-49/RESOLOTIOK NO. HWS-85-1 BY IKCREASING THE MO!fTHLY SEWER USER RATES WITHIN THE MARCO WATER AND SEWER DISTRICT AS FOLLOWS: RESIDEJrTIAL; SI.OLE-FAMILY RESIDENCES, MULTI-FAMILY RES I DDCES , APARTMEKT RESIDENCES, MOBILE BOME RESIDENCES; EACH OKE BATH LIVIKG UNIT 912.40 EACH ADDITIONAL BATH PER LIVIKG UKIT $ 2.7!1 IIO(-RESIDEKTIAL: HOTEL, MOTEL AND TRAILER REKTAL UK ITS; EACH UJ( I T $ 6.05 COMMERCIAL, OFFICE, INSTITUTIONAL, RECREATIOKAL AND INDUSTRIAL TOILET exITS (NOT TO INCLUDE IKDUSTRIAL WASTE) (INSTITUTIONAL SHALL IKCLUDE BUT NOT BE LIMITED TO CHURCHES, PROPERTY OWNERS ASSOCIATION FACILITIES, GOVERNMENT SERVICE FACILITIES, FIRE STATIONS AND SCHOOLS); EACH TOILET UJ(IT $22.00 COMMERCIAL AND COIK LAUKDRY WASHER UNITS; EACH MASHER UKIT $11.00 RESTAORAKT AND LOUKGE SEATING UKITS; EACH SEATIKG UKIT $ 1.90 PROVIDIKG FOR THE DELETIOK OF THE NON-PROFIT CLASSIFICATIOK AKD ADDING INSTITUTIONAL FACILITIES UNDER THE COMMERCIAL CLASSIFICATION; PROVIDIKG FOR THE REPEAL OF COLLIER COUNTY ORDIIIANCE NO. 8!1-49/RESOLUTION NO. HWS-8!1-1; PROVIDIKG FOR COKFLICT AND SEVERABILITY; PROVIDIKG AN EFFECTIVE DATE. Page 18 1.'1 --------,----", ""'. .- ,~, - --...-----""-,.,..'-'.-. ,-,- - --,-,-- JARUARY 10, 1989 Xu. .-ca oaDIJI.U8CZ "-3 CJ(UTUO 'I'D MARCO ISLAJID BUCIIJ"ROJIT Jt.:UOORISIDIEJI'I' ADn 8OKY CQIIIICI nu - ADO PnD . no An TO PJWCEEI) In TB BOJm I S SUZ Legal noti~e having been published in the Kaples Daily News on Deceaber 21, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance creating the Marco Island Beachfront Renourishaent Advisory Co..ittee. County Attorney Cuyler said that this ordinance was prepared at the request of the Board and is in the standard form for advisory boards and provides tor creation, appointment and composition, which is to represent the area within the Harco Island Beachfront Renourishaent Facilities HSTU as described in Ordinance 88-!l9. He indicated that this ordinance provides terms of office, re.oval from oft1ce and i. a standard tara. Coaai.sioner Saunders stated that be feels that 9 members is too large of a co..ittee and he would suggest that there be ~ .embers. Mr. Frank Blanchard of Harco Island stated that he agrees that 9 ..mber. is too aany .embers and !I members would be 8Uch .ore workable, adding that if there are only 5 .embers then the quorum ~~d teras would have to be adjusted to accoaaodate the change. He stated that Þe feels that this co..ittee will only be needed for a couple of years and questioned if designating so.eone to . four-year term means that the Board has to keep this co..ittee in existence tor four years? County Attorney Cuyler stated that this coaaittee serves at the pleasure of the Board and if they deter.ine that it is necessary to dis~lve the co..ittee, they can do so at their wish. He nott1 that he would suggest that the initial teras be two members for two years, ~ ...bers for three years, and one .e.ber for tour years, which is in Section 3 of the ordinance. Mr. Blanchard stated that he would also suggest that the Financial Advisor for the County should be instructed to start preparing the bonds for this matter. Co8ai_1oner ShaIuoh",n ~, ~ by Co8a1.s100er ~JftSgbt hge 18 3\ ----,.-' --- -- .JAJIOUY 10, 1... aDd carried. -- i -..1 y, that th8 pubUc beariDg be clo88d. ~i-l0D8r Sben4h41n aovec1, _con4eð by Co8a1_iooer OoodDlght aDd carr led. unan.187ø.81 y, that th8 Ordlnance - nuabered aDd tltled. below be 8dop1:ed. 8D4 mltered. into Ordlnance Book 110. U .1 th the .. 1:-+rehJ.p belDg changed. fr08 i 8811b8r. to & aeab8r. and the nec...ary ~ to the ordinance be corrected. - . r..v.l t of thl. change: ORDI:u.JrCE 89-3 AX ORDIKAKCE CREATING THE MARCO ISLAND BEACH FRONT REKOURISHMENT ADVISORY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTIKG FORTH THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROH OFFICE, FAILURE TO ATTEND HEETINGS; PROVIDING FOR OPPICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEHENT OF EXPEKSES; SETTING PORTH THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; SETTING FORTH THE DUTIES OF THE PUBLIC WORKS ADMI.ISTRATOR OR HIS DESIGNE~; PROVID!NG FOR REVIEW PROCESS; PROVIDING POR CONFLICT AKD SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Coaalssioner Saunders stat~d that the County Manager needs soae dlrection with regards to proceeding with the bond is~~e. ec-J_iooer 1Ia8- ~, ~0DdeC1 by CO88.1..iooer Sa1:mderm aDd carr led. ........ i -..1 y, that the Caanty Manager be directed. to pr.-nt ~ ~ to the Plnance Co8a1tt.. aDd procee4 wlth the bont 188a8. I~ nc.& C8J)IDKJ: ...4 AMDDIJrG ORD. 7&-lCS BY CB.UOI.O 'I"D DAD POK 'I"D a.8CrIC8 OW 'I"D ClU.IRMAJr AJß) VICE ClU.IRMAJr I'JtOII .OV&ICüA 1'0 .JAJIOAK1' - ~a.u WZ'1'1l S'ftJIVLArI08 Legal notice having been published in the Kaples Daily Kews on Deceaber 21, 1988, as evidenced by Affidavit ot Publication tlled with the Clerk, public hearing was opened to consider a proposed ordlnance aaending Ordinance 15-16 by changing the date for the election ot the Chalraan and Vice Chairaan from November to January. County Attorney Cuyler stated that this was a request by the Board ot County Co..issioners that 80ae period of tiae be allowed after the election before electing a Chairaan and V~ce ~hairman. He stated that an ls8Ue has been raised if a Chairaan is not re-elected or chooses not to run, adding that this i8 not specifically addre.sed in the ordinance but the Chair.an and Vice Chairman serve at the plea8Ure of the Board and an election could be held at that time it thl. were to Page 20 P' -,""".",- '" ..". ._-------"-' .",. 3AJroARY 10, 1989 occur. CO881ssioner Saunders stated that the Board directed that a state- aent be aade in the ordinance to clarify this aatter. County Attorney Cuyler stated that he would insert a sentence that would .tate that if the current Chairman is not re-elected, then an election would have to take place at that time. CO881s.ioner Volpe stated that he assuaed that a temporary Chairaan and Vice Chairman Mould be elected until the first meeting in .January at Which time a permanent Chairaan Mould be elected for the en8Ulng year. ~t-iODe1' Goodnight ~, ~onded by Co8alss100er S~h«t1 aDd carr ied. unan.187ø.81 y, that the public heariDg be clo8ed. Co8ai_lcmer Goodnight aoved, -cODdec1 by Co8ai.sloner Volpe aDd carr ied. ftftA'PI' 8OU81 y, that the Ordinance .. nuabered. aDd ti tIed. below be 8dapted. aDd ent.red. into Ordinance Book .0. 3. 8Ubject to there beiDg aD elec1:1on 111 IIcw88b8r for a Cbairaan or Vlce Cbairaan to _I'Ve 1IDt:11 ~ .J8I:I1:LIIrY election, if elther Cbalraan or Vice Cba.1raan 18 DOt ...t:ed.: ORDIJlAJlCE 8'-4 AX ORDIKANCE AMENDING ORDINANCE NO. 15-16 AS AMENDED BY ORDIKAXCE "°. 8!1-20, BY AMEKDING THE DATE FOR THE ELECTIOK OF THE CHAIRMAK ~ VICE-CHAIRMAK OF THE BOARD OF COUNTY COMMISSIONERS; REPEALIKG ORDIKAXCE RO. 8!1-20; PROVIDING FOR CONFLICT AKD SEVERABILITY; PROVIDIKG AN EFFECTIVE DATE. Xba .eca ..&¡;1.'%'.I.(8 811P-88-2, WZLLLUI C. IICULY I: ASSOCIAr&S RKPItUD'rIH AJI'fOJr 8¡;&.UIAA ~armQ 8t1BDmSIOW MI.S'fD PLAJI .A.PPROVAL I'OIl WZJrDSOa P.I.B - U"-".AU WZTJI 8'fIl'UL.&rIOJfS Legal notice having been published in the Naples Daily News on Deceaber 2!1, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-88-2, tl1eð by Milli.. C. MeAnly & Associates representing Anton Steiner requesting Subdivision Master Plan approval for Windsor Park. Assistant Public Works Administrator Huber stated that this is. request for Subdivision Master Plan approval for Windsor Park which i8 located on the east side of Airport Road, one-half mile south of Page 21 ~, ._",....,.. , - --- JANUARY 10, 1989 Iaaokalee Road and is bounded by Four Seasons, Unit Two, to the north and Crescent Lake Estates to the South. He stated that the property consists of ~6.!I acres and the developer proposes to develop it into a aaxillU8 of 1~0 lots as permitted by RSF-3 zoning which was approved by the Board on Deceaber 13, 1988. He indicated that the access will be by way of Curling Avenue in Four Seasons. He noted that the CCPC reviewed this petition and reco..ended approval subject to stipula- tions as contained in the E~ecutive Summary. He reported that Staft i. recoaaending approval subject to the agreement sheet and also addi- tlonal stipulations. He indicated that an additional stipulation i. that this approval would be subject to the Utility Heao dated July 18, 1988; would be subject to previous discussion on the clarification of the iapact fee.. He stated that in the impact fee ordinance it indi- cates that no rezoning, provisional use, site development plan, sub- divi.ion approval. etc. shall beco.e final until any applicable road iapact fees have been paid or an agreement of such fees has been approved, adding that he would suggest that a stipulation be made whereby an agreeaent ..ould be entered into to provide that impact fees be paid at the time of building permit application. CO88issioner Hasse questioned how much i8 charged for off-site re8OVal of fill that goes on the County road system, to which Public Marks Adainistrator Archibald stated that the fee is charged based on the excavation that will occur and the amount of aaterial that will be reaoved, adding that it is not known until the excavation peraitting proce.. is coapleted. He noted that there i8 no fixed tee that rela- tes to the amount of .aterial reaoved, adding that the fee is based. on the number of trips and the corresponding illlpact on lane mil..... Mr. George Mellen ot HcAnly & Associates representing the Petltioner, stated that the project i. self-explanatory but with regards to removal of fill, there are no plans to do thi., adding that there will be a balance cut in f ill with the lake and the bottom depth ot the lake will be adjusted in accordance with the excavation ordi- nance to provide the fill for the property. He indicated that they Page 22 jq - -", ,.--" ---------- JAlWARY 10, UBI have no intentions of being a coaaercial pit. He stated that he has no objection to the existing stipulations or the additional stipula- tionø. C-t-1oDer .~.h.8n ~, aecODð84 by Co8aiaal00er 1Ia8- aDd carried --.t8t'lQ81y, that the public hearlng be cloeed. C-t..loa.er ~"'.hen aoved, ~0DdeC1 by Co8a1aal0D8r Goodnight aDd carrled. ~t8nU81y, tha~ Pe~itlon SMP-18-2 be apprQ~.4 8Ubj~ to the h1:1t101D8T's Agr.._nt; the Dtili ty M8'8O dated. .July 18, 1181; aDd 8D 8g%..unt relatlve to the pay...nt of road lçact t... at the t188 of U. baJ..l4.1Dg pm-a.1 t application. Page 23 5' -"," ,,- -,_..""'.,,--,, . ,-----_._,-----_., .o. J'AJrUARY 10, 1989 X t88 MCe ITrIrI08 SllP-88-1, Q. GUDT KI.OR . ASSOCIA'lU REPDSDTIJIO OATU KILLS DIrVKLDPICD"r COMP.I.In' UQO&SrI.O SVBDIVISIOW IIASTD PLA.8 APPItOVAL row GL\TU KILLS - APPROVED StTB.1ECT TO STIPULATIOWS Legal notice having been published in the Naples Daily News on Deceaber 25, 1988, as evidenced by Affidavit of Publication filed wlth the Clerk, public hearing wa. opened to consider Petition SMP-88-3, tIled by Q. Grady Hinor & Associates representing Gates Hills Developaent Company reque.ting Subdivision Master Plan approval tor Gates Mills. AssIstant Public Works Adainistrator Huber stated that this is. request for Subdivision Master Plan approval for Gates Hille which is located north of laaokalee Road and west ot Willoughby Acres, adding that the construction will involve a westward extension of Wicklitfe Drlve in Willoughby Acres. He stated that the subject property is !I.03 acres and the developer is proposing to subdivide the parcel into 16 lots as permitted in the RSF-3 zoning. He stated that this peti- tion wae approved and reviewed by Staff and all agencies and subject to the stipulations that are included in the Petitioner's Agreeaent, Staff is recoaaending approval. He stated that he is also requesting the additIonal stipulation relative to the road i.pact tees. Co8aissioner Volpe questioned why Stipulation "I" i. in the agr---n t, to which Hr. Huber indicated that this docuaentation i8 usually something that is provided prior to final plat and construc- tlon plan approval. Mr. Mark Minor, representing Gate Mills Developaent Coapany, stated that the drainage that i. aentioned in Stipulation "I" will not be through Willoughby Acres, adding that it is going to the west through an easement to the canal that runs where Airport Road is to be extended. eo..Issioner Volpe questioned why the stipulatIon 18 li8ted in the Petltloner's Agreeaent, to which Mr. H1nor stated that the construc- tion plans that were submitted to the Engineering Department showed 8088 drainage going to Willoughby Acres but it has since been Page 2. I" .... ,. - .-,. .,.... ..-... .-...' ,..,.....--..,.-., ",'..-.. JAKUARY 10, 1989 correc~ed and i. no longer an issue. Mr. Huber que.tioned if Hr. Minor objects to leaving the s~ipula- tlon in the Agreement, to which he indicated that he has no objection to this or any of the stipulations. C'-t..10Dn' Goodnight ~, 8eCODISed by Coaa.1_100er IIa888 IIIId carrl8c1 wwnJ8O'Uly, that the public beariDg be clO88d. C'-t..1oaer GoodnJght aoved. ~on4ed by Co8a1aai0D8r Shan.beI aDd carr led. ftft8ft t -- 1 y, that SMP-II-3 be approved subject to the Pet1t10D8r'. Agr___nt aDd the added. .tipulation that there be en Ag%& t rel.tlve to the p8y88Dt ot road lçact t... at tbe t~ ot ba.1141Dg pera.1 t application. Page 2ð 1J1 ,,'..... -------..""."" JAJruARY 10, 1989 Xu. nc7 ra~~TI08 SMP-88-., LAJtJtY .. BROSS OW JnLSOJ(, MILLO. 8AJtTOJr, SOLL . PIZJt. x.c. -----&11""1"16 CLTD1I: C. QOIJIBY UQaU"lI6 SUBDIVXSIOW IUJn.'D FLAIl APnOV.&L J'OIt JnLLOlf IUS'1' - APPROVKJ) St1B.1BCT '1'0 STIPULATIon LeQal notice having been publish~d in th~ Naples Daily News on December 25, 1988, as evidenced by Affidavit of Publication filed with thAt Clerk, public hearing was opene~ to consider Petition SMP-88-4, tiled by Larry W. Bross of Hilson, Hiller, Barton, SoH & Peek, Inc., representing Clyde C. Quinby requestinQ Subdivision Master Plan appro- val for Willow West. Assistant Public Works Administrator Huber stated that Willow West i8 a ...~rd extension of Mentor Drive and Johnnycake Drive which currently e~ists in Willoughby Acres, adding that the project i8 1& .08 acres and will be developed with 48 lots as permitted by the existing RSF-3 zoning. He noted that this petition has been reviewed and approved by Staff and all other agencies and was also approved by the CCPC subject to the stipulations in the Petitioner's Agreement. Re stated that under Stipulation "A" ot the Agreeaent he would like to add the following: "Unless the Utility Division will not permit it, the sewer system will be constructed and connected to the Willoughby Acres exi8ting sewer system. Construction, de8ign, and conveyance 8U8t be in compliance with Collier County Ordinance 8f-16." He stated that the stipulation with regards to payment of the i.pact tees at the ti.. of buildinQ permit application should also be added. He stated that Statf recomaends approval subject to the stipulations and modlti- cations. Co..issioner Hasse questioned who will be putting in the puaping statlon, to which Utilities Administrator Crandall stated that the developer will be putting in the pumping f.tation, adding that if there is new development, the County requires that the developer put in the puap station. He stated that this pump station will be put in according to the Subdivision Regulations and the Utility Regulations. Mr. Feraan Diaz of Wilson, Miller, Barton, 5011 & Peek, ,:nc., representing the Petitioner, stated that he has no objections to the Page 25 S( """".- ." """--""-'""-' - -- .1AJroARY 10, 1989 aodificati0n8 or stipulati0n8 as indicated by Mr. Huber, adding that the developer will be providing a pu8p station in accordance with the recO884tndation8. C- i ... 1oaer GoodD 1 gh t: ~, ~0Dded by CoIIai.sl00er ~ÞCI aDd C8Z"1" 1ed. --- i 8nU81 y, that the public bearlag be clO88CS. C-i...iooer Goodnlght ~, ~0Dðeð by Co8ai..l00er 8~hct that 8111'-88-. be approved eubject: to the Peti tlouer' s Aqr-...ut aDd the abovw refer8'DC8d adðed. .tipa.lati0n8. eo..issioner Volpe questioned if Paragraphs "c" and "d" of the should be left in the agreeaent, to which Hr. Huber stated that he would recoaaend that these stipulations be left in just as a pre- cautionary measure. eo..issioner Hasse questioned if there is going to be a centra- 11zed sewer systea, why are septic systems being dis~~.sed, to which Utilities Administrator Crandall stated that this has been tully dlscue8ed with the Petitioner and they are expecting that a central &y8t.. will be built. He stated that the possible reason for this provision is that In the unlikely event the septic systems are an option, they would have to have a certain size lot before they would be allowed to install such septic systeas. Coaaissioner Volpe stated that it 1s possible and it is planned to connect to the existing sewage treatment facilities and he would recoaaend that Stipulations "c" and "d" be eliminated. Mr. Diaz stated that he does not have any problem with the eli81- nation of these two stipulations. Co8ai_loner Goodnlght 888D48<I her action to delete StipaJ.atl0D8 'c' aDd .d. of the Petl tloner '. Aqr--nt and CO88i.siooer 8))-""" .1' 1a.d hi. 88CODd. Upon call for the qua.tion. \:he aotlon carried. -i--...1Y, .. Page 21 t'" --".- m_- -----,--_._,- JAJroARY 10, 1989 Xu. HC8 ORDDI&8:& 8t-6 ~I.O UD UTABLISHI.O A G1WW'fJI ~ PLAIr !'OK COLLID ",^,";¡J - ADOrTAU Legal notice having been published in the Naples Daily Hews on January 4, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance enacting and establishing a Growth Manageaent Plan for Collier County. Acting Coaaunity Developaent Administrator Olliff thanked the varloue Staff and departments that worked on this plan as well as the public that showed interest in this subject. Gr~h Manageaent Director Fitzpatrick stated that this itea i8 a contlnuation of the public hearing of the January 4, 1989. She stated that the public hearing was properly advertJsed according to the requlreaents of Chapter 163 of the Florida Statutes. She stated that this plan is a culaination of over 2-1/2 years of work by Staff, the public, the advisory coaaittees, the Planning Coaaission, and the Board itselt. She stated that once adopted thJs plan must be imple- mented which calls for the construction of $236 million of infrastruc- ture over the next 6 years. She noted that the plan al80 calls for financial support where expansions are needed in order to implement the progr... co..itted to within the Growth Management Plan. She noted that it also calls for the developaent and adoption of ordinan- ces to assure that the goals, objectives and policies adopted this date wl11 become a reality. She reported that the Growth Management Plan that is adopted this date is not a finished product, adding that there will be continual refineaents to the goals, objectives and poli- cles a. well as revisions to the foraal amendment process. She stated that.. new studies are coapleted and new progr... impleaented, the Board will have better data and analysis with which to re-evaluate the exlsting policies and develop new policies. She stated that as the ...ter plans for Golden Gate and Iaaokalee are coapleted, they w111 be lntegrated into the Growth Management Plan through the aaendaent pro- cess. She noted that every year the Capital Improveaent Plan w111 be Page 28 fJ~ """"-... " -.-" '-"""-""-~- JAJruARY 10, 1989 re-evaluated and updated through the aaendaent process. She stated that.. part of the continuation hearing from January 4, 1989, there are two issues outstanding. She presented a reviøed copy of the Conservation Element based on action taken in the meeting of January 4. 1989 and also revised language of Policy 3.4 of the Traffic Clrculation Element which addresses the right-of-way acquisition for roada. She indicated that once these two ele.ents are completed along with the public coaaent, Staff is recoaaending that the Board adopt the ordlnance enacting and establishing the Growth Management Plan. eo..issioner Saunders stated that the Clerk has indicated in a me8O that the ordinance that is being considered this date was not properly advertised and questioned the status on this aatter, to which County Attorney Cuyler stated that Section 163.3184 of the Florida Statute., specifically Subsection 16 says that for the purposes of tranealtting or adopting a comprehensive plan or plan aaendment, the notice requirement in Chapter 12!1 and 166 are superseded by this sub- section. Be indicated that he reviewed the notice and it has been advertised appropriately. Acting Coaaunity Development Adainistrator Olliff stated that all the cbaDges that the Board voted on and approved at the January 4, 1'89, public hearing were incorporated into the Coastal and Conservation Element. He stated that on Page Cl-16, Objective 6.4, should read "non-wetland native habitat". He indicated that this is the only change he has to this element, adding that the other change be has is with regards to the Traffic Circulation Element, Policy 3.4, by adding a sentence which reads; "Exceptions to the right-of-way standard aay be considered when it can be demonstrated throu~h a traf- fic capacity analysis that the ..xiaua number of lanes at build-out will be less than the standard." County Attorney Cuyler stated that for the record. the DCA has aade certain types of coaments in the past when they have returned this aaterial to the County, adding that this set ot docuaents wl11 be going to them and it is expected that coaaentll will be coming back at Page 29 lI( p.," -., .'O" JAKUARY 10, 1989 whicb time the County will have to deal with theM. Dr. Kark Benedict, representing the Conservancy, stated that the Conservation and Coastal HanageMent EleMent is a significant iMprove- ment over tbe older plan, adding that it will require a diligent aaount of efforts to iMpleMent this, but it is a very good eleMent. Be referred to Page C1-11, Policy 6.46 that states where a project bas included open apace, recreational aaenities or preserve wetlands that meet or exceed the open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space satisfied to ..et the 2~~ native vegetation policy. He stated that he understands what it means is that the 2~~ native habitats will stl11 be preserved, but there will be additional open space requireMents that will meet the 60~ requireMent. Mr. Ollitf stated that Hr. Benedict's interpretation of this language is correct, in that, it it is a golf course type open space it does not count toward the 2!1~ non-native habitat. Dr. Benedict stated that his other co..ent is on Page CI-31 under Policy 11.3.1, and questioned if the undeveloped coastal barrier -V8t... Means those barrier i8lands that are classified or Meet the Federal standards, and does not apply to undeveloped lots on Vanderbilt Beach or areas such as Barefoot Beach or Pelican Bay that have already received County approval? Co..issioner Saunders stated that this was the intent that the Board expres.ed. c-t..l00er 1Ia8- ~. eecOD484 by C088i..loner Goodnight aDd carr led -- t --a.al y, that the public hearing be clO88d.. CO88is.ioner Volpe stated that at the January 4, 1989. meeting there was discussion regarding changing the August 1, 1989, àate to correspond with the legislation and quest~oned it this was done throughout the Plan? He stated that he noticed that it was done in the Conservation and Coastal Hanagement Element, indicating that the language reads .Pursuant to Chapter 163.3202 including any aaendaents, thereto." Page 30 Úll --.---,"--- -", .1 A.IfU ARY 10, 1989 Mrs. 'itzpatrick 8tated that Under Policy 1.1.2 of the Conservation and Coastal Hanagement Element, it indicates the exact language that has been used throughout the objectives and policies in the Plan. She stated that this will give the County the flexibility that is needed in case the Legislature does change the i.ple.entation date during their session. CO88issioner Volpe questioned if this fle~ib1lity 8hould be left with r89arde to concurrency aanage.ent. He stated that as the Plan presently stand., the County is required to adopt a concurrency aana- ge1lent system by August 1, 1989. He stated that he would like to leave this date at August 1, 1989, as this i. a prlority issue to hl.. Mrs. Fitzpatrick stated that it the i.ple.entation date i8 put off tor a perlod of ti.e, the Board ot County Co..1"ioners aay want to consider prioritizing the ordinances or programs which should be in place by a particular date in order to balance the workload required. County Attorney Cuyler stated that it is a question of whether this priority should be established by ordinance or si.ply by policy. Coaaissioner Saunders stated that the Board of County Co..iss1oners has expressed an interest in having this done as quickly .. possible, adding that it .ay be appropriate to leave the flexibi- lity ln the docuaent but have Statt understand that the Board wants to aove ahead on this issue. Mrs. Fitzpatrick stated that what she needs 18 a .otion adopting the ordlnance enacting the Growth Hanage.ent Plan which will go into effect upon receipt of notification fro. the Secretary of State that it has been put on file. Co..1ssioner Saunders stated that he feels that this docuaent will be the cornerstone for guiding growth in this coaaunity for ~ny year., adding that he feels that this plan will be a .odel tor other cO88UDitles to tallow. He congratulated staff and the citizens that worked on this plan. Tape n ""'-4_1ouer OoodDlght aovec1, seconded by Co8a1_100er 8h8ft_~. P8g8 31 111 ~..,--, - ,----, --.- --. .." J'UtJAJtT 10. lilt 8Dd carr led. ftft8ft i 8ðU81 y, that tbe OrdlD8DCe - IMUlll:r.red. aDd tl tle4 below be ~ed. aDd entered into Ordinance Book JIG, 34: ORDIJlUCE Ii-& AK ORDINAKCE EKACTIKG AKD ESTABLISHING A GROWTH MAKAGEMENT PLAN FOR COLLIER COUtfTY, FLORIDA PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AKD LAND DEVELOPMENT REGULATION ACT OF 1985 AJfD CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE, MINIMUM CRITERIA FOR REVIEW OF LOCAL GOVERNMENT COMPREHENSIVE PLAKS AKD DETERMIKATIOK OF COMPLIAKCE AND ~IICH CONTAIKS THE FOLLOWING ELEMEJfTS: AVIATION ELEMENT: CAPITAL IHPROVEMEKT ELEMENT; CONSERVATIOII AKD COASTAL MANAGEHENT ELEMENT~ FUTURE LAND USE ELEKEKT; HOUSING ELEMENT; IKTERGOVERNMENTAL COORDINATION ELENEKT; MASS TRAKSIT ELEMENT; PUBLIC FACILITIES ELEME!fT; RECREATION AND OPEK SPACE ELEMENT; TRAFFIC CIRCULATION ELEMERT; AND THE FOLLOWING APPEJfDICES: MONITORING AND EVALUATION PROCEDURES; PUBLIC PARTICIPATIOK PROCEDURES; PLAN AMENDMENT PROCESS: PLAN IKTERPRETATIONS PROCESS; REQUIRED MAPS SHOWIKO FUTURE CONDITIONS; PROVIDIKG THAT THE GROWTH HAKAGEMENT PLAK SET OUT HEREIN SHALL SUPERSEDE ANY AND ALL PREVIOUS COHPREHENSIVE PLANS APPLICABLE TO THE UtfIKCORPORATED AREA OF COLLIER COUNTY, FLORIDA; SEVERABILITY; AJfD PROVIDING AN EFFECTIVE DATE. ..D8paty Clerk Bottaan replaced Deputy Clerk Eenyon at 12:1& P.M... I U. .ec9 QltDTWA- ..-., COLLIn COUIITT 80081.0 CODE - ADOhAU In'1'1l .AIIu8-...¡8 Legal notice having been published in the Naples Daily News on Deceaber 21, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance e.tablishing a Housing Code within the unincorporated area of Collier Ccnm ty. 8ousing and Urban Improveaent Director Shreeve stated that the Or~b Management Plan calls for the establi8baent of a Collier County Standard Housing Code. He noted that the ordinance gives the County the authority to inspect houses to ensure that all people in Collier County reside in safe and sanitary conditions. Øe indicated that the ordlnance provides for one staff person, and an autoaobile, adding that tbe total i.pact cost is $33,334. Mr. Shreeve referred to the ordinance, Page 13, Section Six. and advised that the "blank" should be filled in with Contractors Llceneing and Code Enforcement Supervisor. Co..issioner Volpe questioned what the procedure will be to notify a property owner and to take the necessary step. to correct it, once a Î vt "" Page 32 i ';; ~ ,,' ~ . - .--.--' -" .--..",,-, -- .- " f ¡ i ~ , I JAJrnARY 10, an t .i~tlOD is ldentified that is a potential violatlon7 t ~ Mr. Shreeve advised that the owner of the property or person in í * i charge ot that property will be notified that the County will be t aaking an In~ction, and once the non-complIance of the unit has been J I det.rained, the person will be notified by certified aail of the " I things that need to be corrected within a certain aaount of ti8e before the complaint is presented to the Code Enforcement Review Board. i C088issioner Volpe indicated that there are certain instance. where the inspection officer will respond to co8Plaints, S08e of which aay be as minor as a stove element which is burned out, and he noted that thee. kinds of things will be putting a treaendous burden on Statt. Be indicated that possibly there should be a 8ethod to address tbe- kinds of ite.. that pos8es. no i..ediate danger. Acting CO88Unlty Developaent Administrator Olliff stated that the language in the ordinance does allow the County to determine what a violation aay be. and indicated that instances such as housekeeping types of issues, 1.e. broken stove elements, screens, etc. can be handled through a certlfled letter. C088issioner Shanahan stated concerns relating to the displaceaent '.sue. Be noted that there will be people who are diaplaced with no where to go. Mr. Shreeve advised that steps are being taken tor new hou.ing in laaokalee through the Pocket of Poverty prograa, Øe indicated that this is a sensitive proble8 that he hopes to be addressing in the very near tu ture. Coaalssioner Goodnight stated that one of the biggest proble.. in Colller County are structural fires. She indicated that the inspector will have to aake the decision as to whether a unit is hazardous to the occupants heal th, and if it i8, those person. will have to leave that unit, or the landlord will be required to bring the electriclty or whatever aay be in violation up to the Standard Code. Mr. Ollift noted that Father Birollo made a good suggestion at the Page 33 bit - - ,-,.. .,_.. r , , ~, ! JAJroARY 10, 1989 ì i public bearing regarding this lssue that the SU888r aonths versus the ¡ !. winter aonths be the appropriate time for these inspections, since ! aany of the occupants will have vacated the unit. at the end ot the r ! season. He advised that Staff is sensitive to this issue and they are : taking this into consideration, adding that they will be working with ¡ i the various non-profit housing agencies to create housing tor these , i people. Be indicated that there is a Displacement Policy within the ! Houslng Eleaent. ¡ ¡ I Mr. Shreeve advised that there are 189 unit. in Section 8 Housing ¡ \ ¡ that ls administered through his office. He noted that when someone ¡ bas been displaced because of government action, they take a priority ! ¡ over anyone else tor available units. I ! Attorney Ed Miller, representing Collier county Rental Property ¡ ; Association, stated that everyone is assusing that the proposed Code I . only concerns tenants and rental property. He advised that there is nothlng in the Code which limite it to that. He noted that the Code enco8p88ses every dwelling in the County. He stated that in order to I baYe an effective Housing Code it must be unaabiguous. He questioned t whether the hoaeowner will be required to rewire their existing hoaes j I .. the Codes are aaended over the years, or will they be in violation? t Be indicated that one inspector with one car cannot inspect all the i boaes within the County. He suggested that the proposed ordinance be ¡ t aaended to address homeowners, in order to reflect the County's needs I and requirements. He indicated that the intent of the ordinance is not what everyone believes it is, and suggested that it be reviewed furtber. eo..is.ioner Volpe questioned whether language could be &dded which would exempt owner occupied residen~es? County Attorney Cuyler advised that he has a problem with this. Be noted that it there are two houses sitting next to each other, which are both substandard, and one is rented, and the other is owned, there are identical health, safety and welfare considerations 10 ...log that there are miniaua standards for both ot the houses. Page 3. 1Þ ...-. .-,..--, . ,~ JAJruARY 10, 1989 Co8aiaaioner Ha.ae stated that his understanding of the ordlnance is that an inspection cannot be done on a privately owned ho.e, unless peralasion is given by the owner. County Attorney Cuyler stated that there is. specific provision whlcb allows a Code Enforce.ent Officer, if he 18 refused entry, and he belleves there is a potential violation, to go to a judge and obtain a warrant to enter those presises. Co8aissioner Saunder8 noted that Section 5, Page 1 of the ordl- nance clearly states this applies to owner occupant or lea.ed pre.l- .... County Attorney Cuyler stated that it is ant1clpated that rental unita, where the owner is not on the preaises, and doe. not have to suffer the less than ainiaua standards is the 81tuation that will coee up 8Ore often. Mr. Brad Estes stated that this ordinance lacks notice to landlord8, and the County needs to realize that they will get into the business of aanaging property, if there is not 8O8ething in the ordi- Dance which is an interim step. He suggested that it a "~nant believes that a violation exists, he should send a letter to the landlord, with a copy to the County if the landlord has not complied; or on non-life threatening circumstances, which the Houslng Official w111 deteraine, a letter w111 go to the landlord fro. the County advising that he has 10 days to co.ply. Mr. Estes referred to Section 6 1., Page 13 of the ordinance, and ; ~ suggested the tollowing language for: "Make such inspections, or take ' . other appropriate actions as aay be necessary to effectuate".... He ,; ! noted that this relieves the Zoning Supervisor of having to send an ! ~ investigator out for every coaplaint. r Co8alssioner Saunders stated that he feels Mr. Estes' euggestlon ! ¡ I' ls a good one. ' I Mr. Estes stated that he still does not understand what Electrical Code he has to coaply with. He indicated that under the curr,nt Code, he ls required to have certain spacing regarding the outlets. "- .~.~ 7':i i' ,'1' ~i~ Page 3ð 11 I,:; """, ,_.... . .-,"...,.- ""-" - JAJroARY 10, 1989 Mr. Shreeve advised that if an inspector finds an unsafe Code violation, the owner will have to upgrade to meet the Standard Code in force. Coaaissioner Saunders stated that the Codes are updated each year, and the house that was built in year one would still be in compliance with the code that was applicable at that time, even though there are changes each year. He stated that he feels this could be cleared up by bavlng language state "in compliance with the appropriate Code". County Attorney Cuyler stated that he is comfortable with that language, it it is the Board's desire, but added that Staff's thinking was that these basic kinds of things do not change that much in the code updates, and codes are changed tor reasons. There wer~ no other speakers. c-i..1cmer IIa88e 8OY8d. 8eCOD4ed by Co8a1..1cmer Smm.b4m aDd carried ftft8ftt8(l'Q81y. to cloee the publlc bearlng. c-t..-lcmer Oooc2night ~, ~0Dded by Co8ai..l00er Bh-~ aDd carrled. ftft8ftt8nU81y, that the ordiD8DCe - nua.bered. aDd tltled. be1c:llf be adopted. aDd entered 1nto OrdiD8DC. Book .0. 3., wltb the fol1c:11fiDg ...D4aent.: Contractor. Liceneing Supervisor to be inserted OQ b18Dk liDe in Sectlon 6; l~ In Sectlon 6 1., Make eucb ~t;10D8. or ta.1t8 other approprlate actlcm.e - ..., be nec-eary to .ff~ts..., aDd that the nec_aary budget aaend8ents be approved. ORDIJUJICK 89-6 AX ORDIKAKCE RELATING TO COLLIER COUNTY ESTABLISHING A COLLIER COUKTY HOUSING CODE WITHIN THE UNINCORPORATED AREA or COLLIER COUKTY, FLORIDA; PROVIDING FOR A TITLE; PROVIDING FOR PURPOSE AXD SCOPE; PROVIDING DEFINITIONS; PROVIDING FOR HOUSING STANDARDS AND REQUIRING COHPLIANCE THEREWITH; ESTABLISHING AND DESIGNATING A HOUSING OFFICIAL AND PROVIDING FOR POWERS AND DUTIES OF THE HOUSIKG OFFICIAL; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING NOTICE OF VIOLATIONS, PROCEDURES; PROVIDING ¡ FOR THE REPEAL OF COLLIER COUKTY ORDI~ANCE NO. 80-5; PROVIDING FOR PE8ALTIES; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR CO8FLICT AKD SEVERABILITY; AND PROVIDING AN EFFE£TIVE DATE. 88Depaty Clerk Boft.an was replaced. by Deputy Clerk Mende." ¡ Itea nltl ~08 11-7 U PnIrIOJI PO-17-22C, '!1IOMAS B. 1tUCJ:. RKPUSDTIH I[I~Y PAVDS. IJfC., UQUKSrI.O U D'rDSI08 or PKOVISIOIIAL oaK .0. ar TD A-2 ZOJrIlIO DIS'l'JUCT FOR A PORTeLl: ASPHALT Co.con PLAIIT - Page 3C5 11;- ,,--- , - -".-"'" .7AJroARY 10, 1989 Planner .adeau advised that the subject pe~lt10n i. to obtain a one year extension of the subject provisional US8, as indicated in petitioner'. letter dated Deceaber 13, 1988. He noted that the stipu- lations attached to the original provisional use are still applicable. He recoaaended approval of the petition subject to the stipulations. He confirmed for Co..issioner Shanahan that the provisional use has not been used during 1988 due to delay in the constru~tion of I-16. He noted that the property is located on the east 8ide of C.R. 951, in Sectlon 11, Township !lO South, Range 26 Ea.t. He advi.ed Co..issioner Volpe that the agreement is basically the ...., and the petitioner auet li.it the asphalt batch plant operation to daylight hours only. County Manager Dorrill advised that there were no speakers for the petltlon present; Mr. Nadeau noted that the petitioner was present earlier, but has since left. CO881ssioner Hasse asked if there were any traftic iapacts in the area to which Mr. Kad.au advised that there are no traffic i.pact. as yet. and noted that stipulations to that effect are contained in the original provisional use. c- t ..1 0Der 8 b.an. h 8Y1 aovec1, ~cmded by Co88188iooer Goodnigh~ 8Dd carr led. unan.187ø.81 y, tha~ R88011l~lon 8t-1, P8tltlon ~-11-22C. ~ K, E1a.ck, r."68eentlDg Blgb11ay Pav8r8, raqa88~ 1Dg a ooe year PZ1:-1cm b8884 on or1giDal st1pa.latl0D8, tor a portable aepbalt CODC;ret:a pJ.8Dt be 8dopt;ed.. Page 37 19 ..,"", """'-'"- . ,"-,-" '._, ~."... .JAJruARY 10, 1989 Xu. .-n2 usor.onC8 a..-a D ITrI'rIO. PU-87-28I8, BODO, B I IrES . 'f1IOMPSOJr, ...........-;¡; J.JIU 'rJtu'l1LK 1IJtOTIIDS, IK., UQOUTao PROVISIOWAL 0811: .8. 01' 'lD &-2 JIB DIsnICT I'OR DJtT1I MI.aG AD.JACDT TO CORXSCRJ:lf sucroART - ADO rl" -.u -- Planner Weeks advised that the petitioner has requested a provi- sional use to allow earth mining on 120 ~ acres located one mile north of IlI8Okslee Road, (C.R. 846), adjacent to CorsKcrew Sanctuary in Section 14, Township 47 South, Range 27 East, and is companion to Item 9Bl, Excavation Per.it #!l9.321. Mr. Weeks noted that lands to the north and east are zoned A-2 MH, Rural Agriculture with aobile hoae overlay; to the north and west are undeveloped landa and to the west is Corkscrew Sanctuary; to the east and north are undeveloped properties; to the east are scattered single residences and a horse farm with varying acreage; to the south and southwest are scattered residences and undeveloped land, most of which are dlvided into !I-acre tracts. He noted that access to the proper~ is froa III8Oka1ee Road, and will continue off a two-lane dirt road. Be noted that a variety of stipulations have been applied to the petition which include the upgrading of some of the roads in the area; existing two-lane road w111 have to be paved; left and right turn lanes on Iaaokalee Road at C.R. 849 (entrance to Corkscrew Swaap Sanctuary) w111 have to be provided; a before and atter water aoni- toring prograa to aonitor changes in the water levels IlUst be iaple- _nted; the construction of ponds for woodstorks and other wading b1rdm at the excavation .illUltaneous with the c;)nstruction of para- aeter _ales, as well as other stipulations must be complied with. He noted. that the petition i. in coapliance with the 1983 Comprehensive Plan and the adopted Growth Hanagement Plan. He noted that the area is designated as rural on the Future Land Use Map. He noted that three issues were reviewed by Staff which include environmental cone e rna, road impacts and traffic, and land use compatibility. He stated. that the stipulations have adequately addressed the afore_n- tioned concern., therefore, Staft recommends approval based on the Page 38 11 .-.. .. -- ... - -" """" - ,,-_. '.'- .0 " ,,- JAllUARY 10, 1989 stipulations outlined in the Agreement Sheet. He stated that the Planning Co..ission unanimously reco..ended denial at their meeting of November 11, 1988 based on the following: 1. The use is incompatible with surrounding area 2. The area 1s between Iaaokalee Road and Naples urban are.. and should reaain in rural use 3. It would be difficult to ensure the proper maintenance ot trucks entering and exiting the site 4. It would be difficult to ascertain the amount of fill to be hauled otf-site and at what point the site would be donated to the "ational Audubon Society. Mr. Weeks advised that eight persons spoke in opposition of the petition expressing siailar concerns as indicate4 in correspondence received. He noted that Staft has received four letters and 4 peti- tiona containing !l9 signatures e~pressing objections as follows: 1. Truck traffic will destroy the roads 2. Children will be endangered by the truck. 3. The pit operation may disrupt natural water flow 4. Trucks will generate dust and noise !I. Concerns about the stipulations being modified Mr. Meeks advised that the petitioner has notified hi. that they are in agreement with the stipulations and are not proposing any aodi- flcations. He noted that there is no physical iapact. Mr. Meeka contirmed tor Co..issioner Hasse that the property has in the past been used as a large potato farmtield. He advised Coaals.ioner Volpe that the depth ot the e~cavation will be down to 20 teet. Be stated that it is the petitioner's belief that the till wl11 be used within 10 miles of the site. CO88issioner Shanahan questioned if the 20 truckloads per day is exceeded would that require consent from the County and the Audubon Society? Mr. Meeks responded that in order for the petitioner to exceed the 20 trucks per day, additional monitoring and review would baYe to be implemented in the area. In r~gard to Co..issioner Shanahan question pertaining to Itea 9a, Engineering, of the Statf Report. Mr. Meeks clarified that the petitioner has assured that hi. intention is to excavate greater than 20 truckloads per day, however, ,. he would have to ascertain that no degradation wJl1 result to the ì Page 31 11 :::i< ~1; 1,1" '"" --'" "'. -- <-__-'0 '<"-'" , JAKUARY 10, 1989 area. Attorney David Budd, representing Troyer Brothers, Inc., advised , that Mr. Troyer, the President of Troyer Brothers, Hr. Stanley Hole, the Enqineer, Mr. Bob Duane, Land Planner, and Hr. Kevin Irwin, Ecologist, would be addressing each of the issues involved with the project, based on their expertise in the aatter. Hr. Budd stated that the petltioner concurs with Mr. Weer's statement and the stipulationa entered into will be coaplied with. Referring to the aap on the wmll, he described the subject property and the surrounding areas. To clarify Co..issioner Hasse's question about the land use, he stated that at the ti88 the petition was aade, the land was not planted tor the ....on, however, it is presently planted with potatoes. He con- firmed that the depth of the excavation will be 20 feet, which is the aaxiaua allowed. He noted that the mining will be "wet 8inlng" or -natural aining" , will not be a blasting operation, however, the sti- pulatlona allow blasting on site. He noted that the jurisdictional agencles have approved the petition, due to the 20 stipulations entered into. He noted that the concerns cited at the CCPC is taulty reasoning as the project is in coapliance with the Coaprehensive Plan, and the new Growth Manageaent Plan. He pointed out that the Excavation Ordinance requires an annual report be provided to the County on the aaount ot dirt being taken off site. He stated that the petitioner has agreed to deed the land to the Corkscrew Sanctuary. He stated that a 100 foot buffer will be placed around the wading pond ar.a, and the petitioner is in compliance with every County Ordinance and criteria. Mr. Stanley Hole, representing Troyer Brothers, Inc., advised that the subject property is operating under an existing South Flcrida Mater Management District perait which prcvides tor irrigation, a retention pond at the north end of the property, and a pump syste. to allow water to travel in a northerly direction. He stated that the ground elevation is about 18.!I, and the control elevation is 14.ð by j , peralt. He stated that the far.field is sprayed with insectlcides, ~ f < t , r .~ Page 40 ' r{ ,to ~ 'T' I 6- .-.-- JANUARY 10, 151851 and herbicides, according to regulations. He advised that has spoken to Mr. Ed Carlson of the Corkscrew Sanctuary. and the Sanctuary pre- ters an open water body with constructive wetlands ar~und it. He stated that the Sanctuar¡ prefers the aforementioned process because it wl11 eliainate the spraying conducted in the area. He stated that after di8cussing the buffer to be placed around the property with the Sanctuary, it was deter8ined that the setback would be placed within 50 teet. He advised that at one of the hearings, a property owner had stated that a !l0 foot buffer was not enough, theretore, the petitioner agreed to convey 100 feet for wetland area, and at the end of the pro- ject convey the property line to the National Audubon Society. He noted that the property owners agree with the setback. He noted that the detail. of the feeding areas will be worked out between Mr. Irwin and Mr. Carlson. He stated that it the 20 trucklcads can be exceeded without adverse illpacts to the water quality, the wildlife and other factors it will done. He described the area for Coaaissloner Hasse, and noted that the distance froll the property to Sanctuary Road is about halt a IIi Ie. ~8pOnding to Co..issioner Volpe, Hr. Budd advised that when the petltion was originally subaitted the Engineer had estiaated 10 truckload8 per day as a benchaark, however, the present stipulations ¿ndlcate that the aaxiaua e~cavation will be 20 truckloads per day, and lf exceeded, aonitoring will be initiated. He stated that the 63 years is aerely a benchaark estiaation. He advised that the ten 8ile radius i8 a good estiaate, and the trucks will not leave the County. Co..issioner Volpe read the following: "The petitioner estimates approxiaately 4 aillion cubic yards of aaterial will be excavated. The till aaterial is expected to be utilized within ten ailes of the excavation site. The petitioner's revised TIS indicates a aaxi.ua ot 20 trIp ends (one round trip equal. two trips ends) per day with each truck hauling 18 cubic, and the fill pit will be operating 312 day. per year and be in operation for 11 years". Hr. Budd advised that the , ator...ntloned 1. accurate. Page 41 ftD . --- .'.-' ,"._,,--, "...----. .7AJroARY 10, 1989 hpe .. Mr. Bole clarified that the amount of cubic yards is about 3 .illion cubic yards after the e~cavation. He not"d that it the peti- tioner operates !l0 truckloads a day the estimation is 10.5 years. Mr. Budd reiterated his previous statement regarding the stipula- tion that delineate the aaount of truckloads per day. Co_issioner Volpe DOted that the backup does not indicate that it the 20 truckloads per day is exceeded, the petitioner needs the approval of the County and Audubon. Mr. Weeks pointed out that Item "g" of the Agreement Sheet requires the County's consent, and Ite. "q" provides that the County can require the halting of the excavation. He noted that the petitioner will comply with all the stipulations. Mr. Budd advised that another stipulation i8 being added "whl1e ~ school is in session, we will not operate the trucks until 1:1!1 a.m." ~ f { Be DOted that the operation will run Monday - Friday, and the Excavation Ordinance indicates that the operation aust close at 6:00 p... In answer to Co..issioner Volpe, Mr. Budd advised that the project wl11 be developed in phases, and as part of Staff's 8tipulations, the operation will co..ence at the northwest corner. Mr. Kevin Irwin, Ecologist on the project, advised Commis8ioner B.... that he was not aware of any technical studies done on the wood8torke in regard to noise impacts. He related that woodstorks and other wading birds use the area for feeding. He indicated that the ..In concern should be in speeding vehicles, and should not be taking place in the area ot the mine. He noted that there i8 not g01ng to be a great degree of heavy equipment operation. Mr. Robert Duane, of Hole, Hontes and Associates, advised that the petltioner has agreed on .ore conditions than have ever been placed on a till pit operation. He noted that the conditions are designed to .iaplity the petition, not complicate it, and to protect the area. He stated that the petition complies with the Comprehensive Plan; the provlslonal use criteria; the criteria of the Excavation Ordinance and ~ Page 42 t' - """-,, "."- ""-", JANUARY 10, 1989 the crlteria of the Noise Ordinance. He stated that the petitioner bas to meet ~ general tests; a general test that speaks to the general welfare the petition has to the coamuni~, and the second test has to do with iapacts on adjoining properti~8. He noted that in regard to egress and ingress, the petitioner has agreed to all recom- . aendation. aade by the Traftic, Engineering and Transportation Plannlng Staff. He outlined the stipulations that the petitioner has agreed to coaply Mith, as previously stated by Mr. Budd. He stated that the aost iaportant criteria has to do with COmpatibility of the project. and have agreed at the request of adjoin1ng prop~rty owners to begin the excavation in the most remote area of the site. He stated that one property owner will be more affected than other pro- perty owners adjacent to the site. He clarified for Co..issioner a_se, that it is the pet i tioner' 5 intention to begin at the easterly direction, and continue from that point. He noted that the project is In coapliance and aeets all County standards. Responding to Co..issioner Volpe, Mr. Duane indicated that the petitioner has agreed to the review ot the project every ten years because he felt it would be appropriate. Co..is.ioner Volpe wondered if the re-review of the project Mas based on assuaptions, and perhaps the provisional use should re-reviewed in l~ss than ten years. Mr. Ed Carlson, Manager ot Corkscrew SMa.p Sanctuary, on behalf of the Kational Audubon Society, advised that the Natlonal Audubon has been involved in the provisional use application 8ince June, 1981. He stated that at the time they were given condition. to perform an environaental assessment of the project. He noted that they observed the potential i.pacts on water, wildlite and plant communitie., and their objective Mas not to determine land ase actlvities surrounding the Sanctuary. He stated that based on the input provided by the peti- tioner and the conditions agreed to, the Sanctuary does not feel that the project will have significant iapacts on the hYdrology coaaunities of the area. He provided the Board with a memorandum trom the County Engineer which states that the applicant anticipates 20 vehicles a day 'i-. Page 43 , tz, " --- ."," --.," 3AJruARY 10, 1989 and an average of 10. He stated that at the Planning Coaaission _etlng, the petition~r had indicated that truck traffic indeed would be increased. He noted that ecological .on1toring mayor may not fthow environmental impacts at high levels of excavation. He stated that the issue of how the increased traffic w11l affect property owners has not been addressed. Responding to Co..issioner Hasse, Hr. Carlson indicated that it is a long-term project, and noted that based on the conditions and the aonitoring to be initiated on the site, he cannot fabricate negative illp8cts. Mr. David Dorrance, resident of the Corkscrew area, stated that the zonlng should remain agricultural, and that be did not agree with the petlt1on. Mrs. Mary Jane Gay stated that she moved to the Corkscr~ area to enjoy the wildlife. and objected to the provi.lonal use. She stated that the operation will create noise and would be a nuisance to the area; would hinder persons visiting the Sanctuary; and Iaaokalee Road does not need any more traffic on it. She noted that the birds in the area Bust be protected. She stated that the area is the most beautiful area of Collier County and should be aalntained. Mr. Robert A. LeVine, of Frost & Jacobs, representing Messrs. Haywood and Monter, indicated that everyone that testified at the CCPC _etlng was against the petition, and the Commis.ion unanimously voted against the petition, due to the tact that a large pit is lnappropriate for the area. He stated that he objects to heavy equip- _nt, and truclta. Pointing to the pictures on the wall, Hr. LeVine stated that thoroughbred horses are raised in the area. He stated that the woodstorks and panthers will be endangered by the operation and the operation is inappropriate tor the area and for the County. Øe advIsed that Hr. Haywood will attest to the fact that the peti- tioner did not give everyone in the area notice. He noted that the truckloads have increased from 10 to 20 truckloade a day. He stated that the operation will destroy the quite nature of the area. He ".. Page 4. , q~ - "," JAKUARY 10, 1989 questloned if the operation will result in pollution problems, surface ..ter t lowe, groundwater pollution, and will the wildlite in the area be affected? He noted that the petitioner has not proven that he has a legal r1ght to use the road that 1s going to be accessed to the area. Be advised that Mr. Haywood and he have spent time searching tor the easeaents or ownership rights to the area. He noted that according to Florida Law "you have a right t~ use an easement to the extent that was contemplated at the time the easement was created". Be stated that there is no way that truck traffic was contemplated ten or twenty-years ago. He stated that at the CCPC meeting there was a 8l00phole8 of when the property would be dedicated to the Audubon Society. He coaaented that the pet it loner is not doing the operation for the benefit of the Audubon Society, or the County, but tor econo- 8ical reasons. He objected to the petition in an area between Corkscr- Swaap and Hessl's. Haywood and Honter's horse farms. Cowaissioner Hasse asked who owns the subject property to which Mr. Budd advised that Troyer Brothers, Inc. have owned the pro- perty since 1985. He advised that Troyer Brothers, Inc. bought the property to be used as a vegetable farm. He noted that the cor- poration had been approached by persons in the pit business who advised them the site was rich in fill. Mr. Freeman Haywood read three letters in opP""sition of the peti- tion from Messrs. Williallls, Frank, and Haue. He noted that the let- ters cite objections to the rezone, a lalce on site would be more appropriate, and the easements should not be utilized a. a roadway. Be indlcated that he has also written a letter in opposition of the project. He stated that he owns 680 acres next to the wetland area. Be referred to a report from the South Florida Water Management District which indicates that evaporation rate is ~1. 9. He noted that ..ter will be lost in the area. He pointed out that there are aany other till pits around. He provided the Board with a copy of a rural iapact fee in which the petitioner shows that they will be hauling 13 loade a day. He indicated that the impact fee is 3 cents per cubic Page 4ð q~ .-,. ,... ~ JAKUARY 10, 1989 yardil, and the County will be getting $10.83 a day in iapact fees, Me. Jean McCollom cited that the residents of the Corkscrew coa- aunity like the area "the way it is", She stated that the residents oppose any changes to be i.plesented. She noted that the operation will generate truck noise, and dust which will reduce property values. Mr. John J. ICeschl, on behalf of residents who signed a petition In opposition, .tated that at previous meetings it was indicated that when the pit i. coapletely dug out, the land will be donated to the Corkscrew Sanctuary in its entirety. He noted that at the last meeting he had asked if the land would still be donated by the petl- tioner iaaediately or would he hold off for eight to ten years, it the operation co..s to a standstill. He advised that the petitioner's attorney had advised that if sos.thing happens to the operation, the petitioner would want the land back and possibly have it rezoned for residential uses. He noted that the Planning Commission had done a reaarkable job and their reco..endation was for denial, and stated that the Board aust also do a reaarkable job. Mrs. Charlotte Westman, representing the League of Woaens' Voters, noted that the Executive Suaaary has specifically outlined all the condltions for the project. She read portions of Page. 1 and 11 which delineate the stipulations. She noted that Page 21 refers to the aonltoring of wells. She stated that the location is inconvenient tor a 81nlng operation, as it is in close proximity to the Audubon Society. She stated that there are other areas 1n the County that can be used as a fill operation. She noted that the operation's impacts on people, the wildlife, birds, the sensitivity of the wetland and wat.r system aust be taken into consideration. Co..issioner Goodnight asked how aany trucks are presently going In and out of the property? Hr. Troyer advised that the aaxiaua aaount of trucks tor the agricultural operation 1s 25 trucks. He advised that the property 1s irrigated through an open ditch. and 100 bp diesel engines are used, which sake a considerable amount of noise. Re contiraed for Co..i.sioner Volpe that the farming operation will Page 46 "'( . -, -. ---- JANUARY 10, 1989 ce.... CO88issioner Goodnight coamented that money 1s not one of the aain concerns for the pit operation. She stated that planting fruit trees on properties is just as harmful as a farming operation due to the chemicals used for spraying. She noted that the main issue involved is the impact the pit operation Kill have on the coamunity. 888Co8al..iooer Shanahan lett at tbls tl..888 Coaaissioner Volpe stated that he had a slight problem with the analysis that the farming operation Kould cease, and how the provi- sional use Kill impact the surrounding area. Mr. Budd reassured that once the mining activities co..ence, there will not be any farming done on the property. Me. Gay questioned who Kould be monitoring the pit operation to ascertain that all the stipulations and conditions are abided by? CO88issioner Goodnight noted that there is no Ordinance in the County that says that you cannot tara seven days a week. Me. McCollom noted that the residents do not object to the farming operation, but to the pit operation. Mr. Budd stated that experts have advised him that the pit opera- tion will be better tor the area. He noted that the people who sub- aitted opposition letters through Hr. Haywood do not live in the cO88Unity. He stated that Hr. Troyer has the right to petition for a provisional use, and noted that he is in compliance Kith all the requireaents. Mr. LeVine noted that Hr. Carlson had pointed out that inade- quacies have received various tests which are available. He stated , that all the people living in the area are unanimously in opposition of the operation, and the location is not appropriate. Coaaissioner Saunders asked if there w~s any place in the County where a fill pit can be placed without affecting the community? Mr. Weeks responded that earth mining excavation tor pits is allowed in both urban and rural designations of the Comprehensive Plan, which aoetly covers the western half of the County. He stated that ~ Page 47 .... ~ i~ .""'-" "'",- ... . -- JA!fUARY 10, 1989 Coaaissioner Goodnight's statement was accurate that the only district that per8its excavations is the A-2 District with a provisional use. He noted that existing burrow pits vary in their location. He noted that the operation will be in the rural area, however, there are more residents living in close proximity, than other petitions brought before the Board. He reaffirmed tor Co..issioner Saunders that it f would aake sense to have the project scaled down to the top halt of ~ the 125 acres, which would keep the noise away fro. the residents. t Mr. Hole indicated that as he is not a noise expert he could not . 1 properly respond to Co..issioner Saunders' question pertaining to I., ~ placing the operation on the top !l0 acres of the property. æ ~. Co..issioner Hasse co..ented that he fails to see how Troyer t Brothers would be hurt by maintaining the property as an agriculture operation. ( c.-- t .-lcmer ....- 8OV8d, seconded by eo..ls.ioner Volpe to deny ~ PetJt~ PO-81-21C. Co..i.sioner Volpe reiterated his previous suggestion that the provisional use should be re-reviewed in two to three years. He noted that during the re-review process the residents concerns, the environ- _ntal issues, and when the property would be deeded to the National Audubon Society would be determined. CO88issioner Hasse stated that the people and the enviroruaent should not be subjected any Bore than it presently is. rape ft Mr. Meeke pointed out that Public Works Administrator Archibald bas advised that there are some other burrow pits that could have a co.parable number of dwellings in close proximity. He indicated that the petitioner has the right to farm the property it he so desires. Co..issioner Volpe asked it it would be possible when the 8ining ... collpleted, to deed 2!1 acres to the Audubon Society? Mr. Budd responded that the property is to be deeded upon completion of the mining. He stated that the crop will be harvested, the land will be cleared and the tarming operation will cease by Hay 1, 1989. Page 48 r1 ... '" -"'" JANUARY 10, 1989 Vpca call for the q1Io8tIUon the vote W88 2/2, CO88l..1oner. --".. ""'" - aDd Goodnlght "'~lo""88d.. County Attorney CUyler e~plalned that the afore.entioned .eans that no action has been taken. He indicated that another motion can be taken, however, if no action is taken the provisional use would be denied through the course of time. ec-.1_100er Volpe aaved, _c0nd84 by C0881ssioner Goodnlght, to ~"v.- a..olatlon 19-1, Petltion PD-81-26C, Budd, Bines. 'fb.oa:peon. r.....a..nt1Dg Troyer 8roe, Inc. requ..ting Provisional Ose "B" of the A-2" D1atrl~ for earth aining wlth the following aodlficatlona to the ~_al Hit Sheet: Pw_-."b 8Y-, Provi.lcmal 0- to be re-revl8'W8d by the Board 1D b8o Y8U'8. 110 f1Zrtber faraJ.n9 upon C~Ce88Dt of the minlng acUvl tl- (Kay 1. 1"') Pb881Dg of the deeding of the property to Corkscrew S8Dc'tuary aDd tbe d8'V8l~t of the ~fer - part ot the f ir.t pb.a8e of the deedJ.Dg. Mr. Budd indicated that the petitioner agrees with the first two stipulations. He aslced Hessrs. Weeks, Hole, and Irwin it the stipula- tioD8 can be met, if the parcels are phased in 25 acre sections? Mr. Irwin advised that if the property is to be developed in phases, the conatruction of a 100 foot wide buffer should be part of the first phaae. Co..i.sioner Volpe noted that the Audubon Society has already agreed to the aforementioned. Hr. Hole noted that initial construc- tlon would be i.pleaented in the northwest area, and space must be left to get the trucks in and off the property. Mr. Irwin co_ented that a good reason for doing the aforementioned upfront would be to allow the berm and anything planted on the area to grow to its ..~ity as the mining process continues. After the aforementioned discussion, Hr. Budd stated that he did not have any proble.. with the stipulations. Øpcm call for the question, the aotlon carried 3/1, (C0881_100er ..... v.....,..ð, Co8alss100er ShC\-han not present). hge.. fS ._-, ,-, -.-,.... JAJIOARY 10, 1111 ...~... 4:00 p... - RecODVeD8d 4:16 p... - at whicb t~ Depa.ty Cl8'ñ E.euyoa rçl8C8d. Depaty Clfl'k Þlenðez." It- n83 JtUOLOT108 8.-2 U PKTI'rIOW PO-88-26C. AJlTBOIY P. PIRES .TR., WOODlf.AJtD . ~, ~_II.O cn1LFSIDK MAJtD1'I.O, IKC. R& PROVISIOJtU. OS8 -.- ar rBZ RSF-3 ZO8IRO DISTRICT FOR RECREATIOXAL FACILITIES FOR In.:.a:A&a - ADOPTED St7B.1ECT TO PKTITIOWD' S AGREDŒJn' . FIJrDI.G OJ' J'ACT ?lanner Weeks stated that the subject property is located on the south side of Iaaokalee Road, 1-3/4 miles east of 1-75, adding that tb18 ls the Myntree property that was rezoned by the Board in Deceaber along with a provi8ional use for a sewage treatment facility. He stated that the request is to approve a provisional use for a recreational facility, adding that Staff has no objection subject to stipulations which deal with compatibility, such as buffering require- menta. Be noted that the CCPC reviewed this petition and recoaaended approval subject to the stipulations. He indicated that there has been no correspondence or public co..ent and the use is consistent with the newly adopted Growth Hanagesent Plan, therefore, Staff reC08- aeD48 appr oval. Attorney Tony Pires, representing the Petitioner, stated that they have already signed the Petitioner's Agreement and agree with all sti- pulat10118. C-i.-1oaer 1Ia8- ~, ~cmded by Co8a1ssiooer Gooc!Dight aDd carried ./0. ( ec-J. - 1 ODe r tIhafta ....., OQ t ), that J.e«)1'Qt100 '1-. re "tlt10D PO-88-26C be adopted. subject to the Petitioner's Agr.._nt aDd 1:b8 J'hwtfng of J'act. ',' { .i , Page &0 100 - ,-,-,.,- - JAKUARY 10, 1989 It- nN D8OI.UTXOII 1...10 U PO-II-2OC BJWCB GUO I: ASSOCIATBS, I.C. ~...dJIG LU WZLLIAMS UQO'UTI.O PROVISIO.AL USE or nm MHRP DIS'B.ICT I'OR I. SDAGE TREAT'MEJIT PLAJIT lOR PROPERTY SOtrrd or nm BIßi.I!I' ~ POST MOBILE 8OME PAM - ADOPTED SUB.1ECT TO STIPtTLATIO.S AS I.R&IwIw UD rU'DI.O or rACT - n Planner Scheff stated that this is a request for provisional use 8.10B ot the MHRP District tor a sewage treatment plant for property located 1/2 mile south of East Tamiami Trail, 1200 feet west of Baretoot Williaas Road, south of the Hitching Post Hobile Home Park in Section 33, Township !l0 South, Range 26 East, consisting of approxiaa- tely 4.34 acres. He stated that lands to the north and east are zoned Mobile Boae Rental Park; lands to the west and south are zoned A-2; to the north is an existing mobile home rental park called the Hitching Post Mobile Ho.. Rental Park; to the east is undeveloped woodlands; to the south is an existing sewage treatment plant and to the west is undeveloped woodlands. He stated that staft has reviewed this request and determined it to be in compliance with the future land use eleaent or the Growth Manageaent Plan. He indicated that ~taff has no objec- tion to this petition subject to the stipulations contained in the staff report as aaended. He stated that the CCPC reviewed this request and based upon their Finding ot Pacts recommended approval ~ubject to the stipulations. He reported that there was no public co-nt for or against this petition at the public hearing and Start has received no correspondence regarding this petition, therefore, it Is the recoaaendation of Staff that this petition be approved. He indicated that it should be noted that the Petitioner is not in coapllance with three stipulations in the Agreement Sheet, which are 8G", 888, and "IC". He stated that Stipulation "G" deals with landscape buffering around the entire perimeter of the site and Staff bas no objection to the petitioner's request to delete the buffering around the south portion of the site because of the existing sewage treat-nt plant. He noted that Stipulation "H" deals with a 6 foot earth berm to be constructed around the settling ponds and Statf has DO objection to waiving this requirement at the Petitioner's request " Page 61 " }01 '.. JAJWARY 10, 1989 becauae the Petitioner is required to provide bera8 for the settling ponds as well as a fence in accordance with State regulations. He .tated that with regards to Stipulation "K", Staff has no objectlon to the Petitioner'. request of allowing a setback ot 50 feet around the north, e"t and west portions of the site and el18inating the setback on the southern side because ot the existing sewage treataent plant. CO8aissioner Hasse questioned it this parcel of land is a.sociated with the Bitching Post, to which Hr. Joe Boggs of Bruce Green & Associates, representing the Petitioner. stated that there is no .sso- ciation to the Hitching Post at all, adding that they are not coaaon owners. Co8ais81oner Volpe queotioned if this park i. not developed at thls tlae, how can the s~aqe treatment plant be de8igned and the capaci~ deterained, to which Hr. Boggs stated that the land i8 already zoned Mobile Home Rental Park which will allow appro~imately 2!10 units. He stated that in order to put a package plant on the slte to service the aobile hoae rental park, he has to get approval of this provisional use. He indicated that they have already submitted site development plans for this property. ec-..t_100er Ooodnlght ~, seconded. by Co8a.1ss1oner Bae- aDd carried. ./0, (Co8a.1_100er Sh8?\.8lt"an out), that Re8olutlon '.-10 re htit1oD PU-I8-2OC be 8dopted. 8Ubject to the st1palaU0D8 .. 888Dded aDd U. l'1DdiDg ot I'act. ,j Page 52 Jog ,,;,' '-", .. ,> ". I JANUARY 10, 1989 Iu. nM I PKrIrI08 PU-'1-17C, "ILSO., MI LLER , BARTOW, BOLL. .. PEU, IWC. ¡ It:I..f'kü - ;¡- I JIG IIAJtPD B1WTBERS, IXC. REQU1STIWO PROVISIOXAL USE or THZ I Uawa'lUAL DISTIICT roR U ASPHALT PLAJrr UD MATERIAL STORAGE O. TO JIOIt"I'DAST COIbI£a or COt8ŒRCIAL BLVD. IJrD PROGRESS AVDU!: - COIITIJroJ:D ; roa 1'DD IfD1i ! ! Planner Nadeau stated that this request is for Provisional Use "a" of the Industrial zone for an asphalt plant and material storage located on the northeast corner ot Commercial Blvd. and Progress Avenue in the Kaples Production Park, and consists of 1.54 acres. He stated that to the east of the subject property is a PUD n..ed Briarwood which permits 395 single family, 205 multi-family and 16 acres of coaaercial land uses on 210 acres. He noted that to the north is an industrial office building and a rooting company and all reaalnlng land. are undeveloped woodlands. He noted that the Petitioner had a aeeting with Staff and all appropriate review agencIes on September 22. 1988, and all the outstanding mitigatIve Issues were resolved regarding compatibility with surrounding proper- tIes as well as environmental concerns related to placing the fuel storage tanks and the asphalt tanks in impervious containment areas. He stated that th1a request is in compliance with the Co.~rehensive Plan and there are no outstanding issues at the present time. He DOted that the CCPC reviewed this petition and unanimously recommended approval. He indicated that four people spoke in opposition to the request at the CCPC hearing with concerns related to fallout fro. stack 8818sions daaaging vehicles nearby, emission of obnoxious odors froa the plant, as well a. heavy truck traffic impacting the road system in the industrial park. He noted that there were also tour letter. of objection received which state the same concerns, adding that a letter ot 8upport has been receIved from an automobile dealership located 450 feet fro. an existing Harper Brothers plant in Lee County which states that no fallout or obnoxious emissions or odors re8ulting trom the plant has ever been noticed. He indicated that Harper Brothers will b~ providing the highest tech-form of 88i.slon control which is a baghouse, adding that they will c~ntorm Page 63 Il' --- -,- ---, JANUARY 10, 1989 with DEA aonitoring as well as EPA e.ission controls. He stated that Staff recoaaendation is for approval. Co8aissioner Volpe questioned if access will be gained off Airport Road onto Herc~Antile Avenue and off Radio Road onto Commercial Blvd., to which Mr. Wadeau stated that Commercial Blvd. is not extended thro~gh to the site yet, adding that it ends at Enterprise Avenue. He stated that the Petitioner will be iJaproving that portion of Co...rcial Blvd. to the extent of the property. He noted that the Transportation Department has applied some mitigative .easur~s for iapacting those roads. Mr. Alan Reynolds of Wilson, Hiller, Barton, SoIl & Peek, Inc., stated th.t the project .ponsor is required to pave the road acce8S fro. the entrance into the project and along his frontage up to the point of connection with the existing pavement on Mercantile. He noted that the improvements that will connect Commercial and Indu8trial Blvd.. to Radio Road "ill be part of the MSTU that has been approved by the County and is in the process of review that "ill accoaplish area-wide paving, drainage, water and sewer improveJaents for the entire area. He stated that there were five stip~lations that were added by the Transportation Dep~rtaent and the Staff agrees with the Petitioner's analysis that the project "ill not create or excessI- vely Increase traftic congestion or otherwise affect public safety. He stated that with respect to the other plant that is in the area, it is . co~crete batch plant as opposed to an asphalt batch plant, noting that there is a significant difference between the two. He noted that there have been soae concerns voiced by some of the occupants in the production park concerning the emissions, adding that this is a rela- tively odor free and dust free process. He stated that this par- ticular plant is using the state of the art control techniques which is a baghouse and a cyclone which re.oves the particulates fro. the emlsslo~, adding that the s_e plant that is going to be constructed is already in existence in Fort Myers and has never been found to be in violation at any state standards. Page ~, , ,~ JANUARY 10, 1989 Coaai.sioner Has.e questioned it there will be any smoke coaing out of the stacks, to which Hr. Reynolds replied negatively, adding that the only ,hing that may be seen is water vapor. Coaai.sioner Volpe questioned the capacity of the plant, to which Mr. Reynolds stated that there would be approximately 26 truckloads per day under nor-l conditions. Mr. Gary BeaUJlOnt of Beauaont Land Development stated that he has a bu81ness located within 100 feet of the Pet1tioner's property, adding that hi. -in concern is ingress and egress to the property and the traffic iapacts on the roads. He questioned who is going to -in- tain Mercantile Avenue it 26 trucks are driven over it every day? He noted that he is also concerned with etfects to the surrounding pro- pertles, depreciation of surrounding properties, increase of noise, and odors. He stated that he also has concerns with regards to the contalnaent facilities, adding that on occasion they do leak. He stated that he would suggest that there be aon1toring as this project 18 located within 1,000 teet of a Golden Gate canal and if it did leak, there would be 36,000 gallons of fluid going into ti.e ground- water that would not be noticed without a monitoring system. Co..issioner Hasse questioned if this is an industrial area and the plant is an industrial use, why does the Petitioner have to have approval, to which Planner Kadeau stated that the use is an induBtr1al use but due to the intensity or the land use, further review has been deemed appropriate. He stated that the industrial zoning district is the 8Ost intensive zoning district that there is in Collier County. Co..issioner Hasse stated that the applicant should possibly f1nlsh off Coaaercial Blvd. and Mercantile Avenue to alleviate some of the traffic problems. Mr. Reynolds stated that the County should also give some atten- tion and priority to the implementation ot the HSTU, adding that the plane and specifications tor that project have been complete tor al80st two years and there has been no action taken. He statt:d that the taire8t way to implement improvements would be to implement the Page ðð IZO .- ._M,- JAJruARY 10, 1989 MSTtJ, adding that the Petitioner has co..itted to doing several things already. Co..is.ioner Hasse questioned it Herchantl1e is a dedicated County road or not, to which Planner Hadeau stated that the central portion ot the roadway has never been accepted by the County. County Manager Dorrill stated that the entir'! industrial sub- division was never built to County specifications and never conveyed and accepted by the County for perpetual maintenance. adding that there is an assessment project that is underway that will install streets, water, drainage, sewage, and street lighting and then they w111 be conveyed. but presently none of the public works tac l1i ties are under the County's responsibility. Mr. Dr- Clark, Hanager of Brisson Enterprise, stated that h1s coapany operated an asphalt plant on Progress Avenue and one of the r e 8.8OD8 that they relocated was because of the numerous complaints they were constantly receiving. He noted that his plant was constructed in 1980 and was in compliance with EPA regulations and complaint. were still received. He stated that these complaints "ill continue it this operation is allowed. County Manager Dorrill stated that his oft ic,"- received two complaints with regards to th.1s project in reference to the fallout and the d'.1.8t. Mr. Reynolds stated that at the CCPC hearing, there were 4 people that spoke against this project, adding that it was obvious that the people did not understand the operation. He noted that the Petitioner _de the offer to these people to tour the Harper Brothers facility in Port Myers to .ee the plant in operation and to determine for thea- ..lv- it there would still be .dverse impacts. He indicated that none of the people took the opportunity to do this and none of tho.. people are present this date to speak against the petition. Be 1ndlcated that the testimony of Brisson Enterprises as to how they operated their plant and whether or not it complied with the State law has no bearing whatsoever, as they are competitors of Harper Page 66 r~( - '".- ,,- È JANUARY 10, 1989 Bro~hers. He stated that he made an abbreviated presentation because it appeared that with the approval of every County Staff agency, it would not be necessary to go into an in-depth presentation, but he would like to offer this opportunity at this time to the Board. He stated that he has documented every issue that has been raised and the CCPC also addressed all these issues and concurred with the Petitioner on every count. Coaaissioner Saunders questioned it anyone from the County Staff has vi8ited the Harper Brothers plant in Fort Hyers, to which Planner .adeau stated that he has gone by the plant but has never visited it specifically. f CO88i.8ioner Saunders stated that he has a little discomfort with this petition and with what the operation will look like, adding that 'I he would like to ask that this petition be continued until Statf has had an opportunity to visit the Fort Myers plant and report back with regards to the traffic situation associated with the plant, the cleanlines.. and the emissions from the operation. Planner Kadeau stated that this is the only area in which an 88phalt plant can be located, and added that it was not mentioned but it baa been stated t~at water tan~ers with spray bars would water the aaterlal yard and stockpiles would not have a significant aaount of duet. Co..i.sioner Saunders stated that he understands that industrial are.. are the only areas where this type of plant can be built, but this i. not the only industrial area in Collier County. He sta,=ed that he has a concern as to whether this is the best location. Mr. Reynolds stated that the Petitioner will be more than happy to ofter to anyone a tour of the facility, adding that he has no problem with continuing this matter until Staff has seen the plant. He stated that he would request that this petition be continued to a date cer- tain. CO88issioner Volpe stated that it this matter is continued, he would al.o like to have further information with regard. to when the Page!l7 It1- - JAKUARY 10, 1989 laprov...nts in this industrial park will occur, Mr. Reynolds stated that all the necessary infrastructure to serve this proposal is in place or is going to be provided by the developer, adding that there is water available, sanitary sewage will be handled on site, the roads will be paved and brought up to the necessary stan- dards to connect to the existing paved accesses RO that there are no deficiencies. He stated that the MSTU has been sitting tor alaost two year. and there should not be two different sets of standards applied to this industrial park. C088i.sioner Saunders stated that the overriding issue in granting a provi.ional use is whether it is co.patible with the surrounding neighborhood. ec-1-100er ...- ~, -con4ed by C088issioner S.amðer. aDd carried. ./0, (~.sioner Shan""'n out), that Petition PO-II-17C be c:œrt .1.DIIII8d for three weeks. ... D8pJrty Clark Bof~A8D replaced Deputy Clerk Kenyon at this t18e ... It- nM aDOLU'n 08 1'-11, PO-88-16C, WILSO., MILLER, BARTO., SOLL . PEEl: , x.C. ----..x-lJrG WILLIAM BIGGS, REQVESTI.O PROVISIO.AL OSE FOk EARTH KDrDIØ FOR PROPERTY LOCATED e. TBZ .eRTB SIDE 01' 1-15 EAST or C.R. '51 - ADO h AU ----- Planner Scheff noted that the Petitioner is requesting Provisional O.e 8b" of the A-2 Zoning District to allow for the operation of earth 8ining. He indicated that lands to the north and east are zoned A-2; lande to the south, across 1-15, are zoned PUD and contain the Toll Gate eoaaercial Center (69.4 acres of commercial, industrial, and resldential tourist uses); land to the west, across C.R. 9!11 are zoned A-2. and paD - Ca 11 Industries (21.0~ acres planned for a con- doainlua aotel). He stated that lands to the north and east are unde- veloped ..oodland.; lands to the south, across I-75 contain a coa.anication. tower and vacant land; lands to the west, across C.R. 951 are undeveloped woodlands. Mr. Scheff advised that Staff has reviewed this petition, and find it to be in compliance with the Comprehensive Plan. He noted that Page 58 ,1,.1 --- : t ! I JAKUARY 10, 1989 I th18 petition 8Odifies a previously granted provisional use for the , subject property (PU-81-20C, approved by the Board of County I Co_issioners on January 12, 1982), and the proposed changes are as followa: 1. Permit an additional depth of 15 feet for the earth 8ining operation to allow a total depth of 35 feet. 2. Permit the off-site disposal and sale/distribution of aaterial (fill and/or liaerock) to the local County roadway system and development property uses. Mr. Scheff noted that because this petition complies with the cri- terla listed in the Zoning Ordinance, Staff has no objection to the reque.t and recoaaends approval. He indicated that the CCPC held their public hearing on Deceab~r 1, 1988, and based upon their Finding of Pacts, forwarded this petition to the Board of County Co-issioners with a recoaaendation of approval, subject to Staff's stipulation, and the clarification of Stipulation "K". He advised that Staff met with the petitioner, and Stipulation "K" has been amend~d as follows: E. Sheettlow across the site of off-site drainage shall be aain- tained and no dewatering shall be permitted unless approved by Collier County Project Review Services. Be noted that there were no speakers, either tor or a~ainst sub- ject petition, and no correspondence has be~n received. Co_issioner Hasse questioned what is north of the subject proper- tv and where the access to the property is located? Planner Scheff stated that lands to the north are undeveloped woodlands, and beyond that Is the future Citygate Park POD. Mr. Robert Lockhart ot Wilson, Hiller, Barton, Sol1 & Peek, Inc., .tated. that i-ediate access from the 140 acre borrow pit site is to the public access road that ties into C.R. 951. He noted that it awlngs west of the water plant. He noted that the stipulations within the approval are such that the current conditions ot the road are acceptable. However, he indicated that the ex~avation and hauling aay deteriorate that road, and the Petitioner has agreed that if repairs to the road are warranted, he will coordinate with the Public Works Dl91.ion tor overlaying the portion of the road that is accou~table to , Page 159 I~* ¡ t í JAKUARY 10, 1989 the bauUng. County Manager Dorrill advised that this pit as ~t exists, is in a 'I very undesiraÞ\e state, noting that the stipulations will renew the .ite to achieve the proper side slopes and road improve8ents that have languished for a number ot years. Public Works Administrator Archibald stated that as part ot the Excavation Permit, a bond in the a80unt ot $100.000 will be required to cover excavation and road maintenance. Coaaissioner Volpe questioned whether blastinç will be required? Mr. Lockhart replied aftiraatively, adding that borings have been obtained by the petitioner, and noted that the blasting will only be requlred tor the upper surface. ~i..laoer Goodnight 1IOVed, ~onded. by CO881..ioner Volpe aDd carried ./0 (~sslODer Shanah~ out) to approvw Petltion PO-II-l6C. I 8abject to the PeU Uooer'. Agreeaent Sbeet, thereby adopting I I 1t88o11rt1oa 1.-11. Page 60.. t fz, 1 ¡ JAJruARY 10, 1989 It- .u I aICDJtD 8D818 CO8a'ì"KUCTI08 UQt1&STI80 A Pt1D VARIUCE UGARDI80 TO lit DUM Y 8UCII SVBD m S I OW, KUCO ISLAJrD, - 80 ACTIOW 1 I ' Hr. Richard Si"s advised that the problp.1II on the lot that he is I i I petitioning 1~ due to erosion and an act of God, and sollie of the I square footage that is required for the issuance of a building permit, has been lost. He indicated that 10,000 square feet is the "iniaua I required in the PUD, adding that the actual square footage is now I 8,200 SF. He requested administrative reliet from the Board of County Co..issioners which will allow him to apply for the necessary permit, Be noted that there has been unanilllous approval by the Hideaway ! Association, and the Planning Department has also indicated a tavorable response. L I Mr. Olliff advised that the current stipulation is one which is retlecte~ in the PUD, adding that it will require an aaendment to the Pt1D to change it. He noted that the subject property i. on the Marco River, and the river is the cause of the erosion taking the property. He noted that Staff's recommendation is that the property owners tile for an aaendment to the PUD, to reduce the size of the lots. County Hanager Dorril1 stated that the history associ~ted to this, goes back a nuaber of years when the County imposed a moratorium Against those lots. He indicated that unfortunately. there is no ada1nistrative relief. He noted that there is a contractual obliga- tlon be~en the developer or owners of record and the County CØ881ssion related to lot size. He stated that this was done not only troa an aesthetic standpoint, but also recognizing that there is an erosion problelll. He advised that the relief will be to process a PUD aaend8ent, noting that the Natural Resources Hanagelllent Departaent will want to pay close attention to the erosion aspect. Mr. Sf.. stated that he understands what County Hanager Dorrill i8 ...,ing, but he has approached the Hideaway PUD Board, and they have UD&niaously stated that this variance will be looked upon favorably by them, but they do not feel that .1t is their responsibility to make the Page fSl 0' . lit ""-,, ,,_.'.. -. I j ; , J I ! JAKUARY 10, 1i89 PUD ...nd8ent. Co..i.sioner Saunders adv1ø~d that the Board ot County Co..issioners cannot grant Hr. Sills the rel1et that he i. seeking, and suggested that he get the Association to apply for an aaendaent to the PO D Docu.8e n t. ~ -- DO ac~ion taken on this it... It.......l DCAVAn08 PKDrIT 1rO. U.327, - 'fROTD BROTBDS PIT", LOCAnD on MIL. JIOR'1'JI OW IJ8ÐLU.D ROAD, 8O(JJrJ).D OW T'H8 WEST BY CORXSCRDf SWAMP .urn SOOT8 8T COIR:DCKD I~LA.ID ~ITY - ~~~J1B STIP'tJ'LATIOn ì Coaai.sioner Saunders advised th4t this is the Excavation Permit ! tor the Provisional Use that was granted earlier in today's meeting. ' ! Public Works Administrator Archibald stated that he needs to con- I tir. one it.. that was brought up earlier: the days of the week and the hours of operation. He noted that earlier Mr. Budd stated that the hauling would be restricted to Honday through Friday, and qae.tJoned whether he will agree to the .a.. day~ tor the excavation operatlon? Mr. Budd stated that he has no knowledge that the Petitioner will be excavating on the we~kends. ~-icmer Volpe aaved, seconded by Coaalssioner Goodnight 8D4 carrled. 3/1 (Co8aissloner Haa.. opposed and Coaai..loner S~aft.h~ out) I ~o ~&ov* Excavatlon Peralt .0 ð9.321, subject to all condltione.. ¡ caa~af"'" in the Provislonal D.., with the hours ot operation limited. to IIaad8y through rr i d.ay between t he hours 0 t 7: 1!1 A. M. and 6:00 P.M. ! I~- .,82 1tK8OLV'rIC8 11-12, ACDOM'LEOOUO .un DDOllSaO TIm PROPOSED I I ~ - ¡; a 8CDIJVLZD ro It 'fD I MMO U.LU A I RPO RT, Pt1JtSDUT TC 'fD r Tl88nrar - AIItPOIn' MASTD PLAJf - ADOPTED J Public Works Administrator Archibald stated that this item covers the resolution, acknowledging and endorsing the proposed illproveaents sch8d.uled tor the I..oxale. Airport. ¡ Co8ai_icmer Goodnight aoved, -conded by Co..lssloner Baa- aDd C8r1'18d ./0 to adop~ Resolution 89-12, acknowledging an4 en4ol'81a.g the > " P8ge 82 f ¡gg ',' i! :t' - ¡ I i ; 3~AKY 10, 1,.e i pl'"opalll u.,."",...__At. scheduled. for the laaokal.. Alrport located. 111 I 1'~1_, Wlorl48, pa.r8UC1t to the Iaaokal.. Airport Ma8ter Plan. f ! ! ! ¡ j I I t ! ¡ , , " " Page 83 , ,gt JANUARY 10, 1989 It.. "83 ~now TO APP'JWVE A STAn GRAn APPLICATIOR lOR 882,000 reR 'f1m CO.Suw\.-"'fIOW or A HAZARDOUS WASTE COLLKCTIO. CE1ITD TO BE LOCATED AT TU; """"U L&JrDFILL - APPROVED Public Works Adain1strator Archibald advised that the Naples Landfill is designated as a hazardous waste collection point. He noted ~hat the State has ..de . grant available to the County in the aaount of 562,000, and Staff is requesting approval of the submittal for these funds to construct a small storage area. C-t...1cmer Goodnight aoved, secondAtd by Co8a1ssioner Volpe and. carrl84 4/0 (~..loner S~.h.n out), to approve the State Grant Appl1catl00 111 the 88OU11t or 862,000 tor the constructlon of a 8.a%ardøa8 18881:8 Collection Center ':0 be located. at the County LIIDd.f111 . ****NOTE: NO DOCUMENT RECEIVED IN CLERK TO BOARD OFFICE AS OF APRIL 3, 1989**** ¡ ¡ ) ¡ ì L I i ¡ '. .. ., t Page 64 ¡gfl I t ,--,- JAJruARY 10, 1989 It... '11&. 8D4 11. ~rT ~.~~~. "-13/89, ~ 89-91 - ADOPTED eo.aJ._1OD8T Goodnight aoved., -conde4 by CO88i.sioner Ba8- end. carr 184 ./0 (Co8aissioner Shanahan out), that Budøet Aaen48ents 1.-83/". 8Dd 89/91 be adopted. It- '11D JUoon """""1" R.ISOLUTIO. 89-7 ADOrTlUJ c-'..l00.r Goodnight aoved., seconded by Coaaissioner Ba8- aDd t carried. 4/0 (Co8a!s.ioner S"""'.hen out), that Budget A8eDd8ent . I b8011lUoa 1t-7 be ac:Sopted.. ¡ : I I . . ." .r Page eo : j21 ,- - -" .1AKUARY 10, 1989 It- ~U APf'O.L..L_.Loa!RUPPOIJITfta..¡-S TO TO LIBRARY AI1VlSORY BOAJU> - COJrTIJIt1KD 1'0 1/17/" It was the consensus of the Coaaission to continue this item until .1anuary 11, 1989, when there will be a full Board present. It- .13A I ~ or DOOBLK-tfIDK TRAILER raft TO IJ8IIOULEZ slIDIrr's OlTIc. . SV8-STArIOW - ~.L.UAU TO 1/17/8t ! . County Manager Dorrill requested that this item be continued for t ! one week. He advised that there i. a potential zoning problem lf the ! trailer is left on the site permanently. He requested that he be ¡ given a week to explore this. I Deputy David Johnson of the Sheriff's Deparmtment requested that ¡ County Manager Dorrill coaaunicate those concerns to the Sheriff's Departaent. He noted that they would like to resolve this in a ao.t ' , expedient aanner, as there is a delay in paying the Contractor that 18 currently under lease. ec-1-100er Baa.e 1IO'V8<1, -con4ed by C0881ssioner S4n:mder. aDd carried ./0 (Coaa1s.ioner Shan.h~n aut), to continued It- 13A until I .J1IIœ8rT 11, nag. ... I The following it... ..re approved and/or adopted. under the Con8ent Ag8Dd.a by aotion of Co_issioner ø_-; seconded by Coaa188ioner ~fght aDd ce.rried 4/0 (Co8a1s.100er S~n.at¡.rm aut). It- .1Ul ~u.\TIOJr TO ADT'HORIZJ: THE COJrTRACT TO RECEIVE TO POCDr-oJ'- POvAAU GUn OJ' on MILLIO. DOLLARS/WITH ArùI;.IJIII.r;J!T See Pages 69..]). 1_-=-]2. 3 It- .UBl BID 1tO. la-1134, GOLDE. GAT!: PARDfAY MZDIAJf MAIJn'EXAJfCB raR l'Y l'18/ltl' AMARDED TO RB LANW SERVICES, I.C. IR T~E AMOUWT or 811,000 Legal notice having been published jn the Naplns Daily News on .oveabe r 9, 1988, as evidenced by Attidav~t of Publication tiled with the Clerk, bids were received until 2:30 P.H. on November 30, 1988 to consider Bid 188-133., Golden Gate Parkway Median Haintenance. Itea n..2 ~... A~ A.WD STATUTORY DEBD I. REJ'ZRDCE TO THE 8ALJI or fttOi'~:II Dr OOLJ:)D 0AT8 &S1'A'1'&S/OBOROK .. SKI.AS --, Page CSCS ,ft --,-- ,---- ----- "'.__0______---- ~ ~ JANUARY 10, 1989 See Pages h 9- ¡If, I ..1tJ . , It.. '1483 Cautinued to 1/17/89 It.. '14~ Continued to 1/11/89 It.. .148& - Continued to 1/11/89 It.. '14845 STA..l'I' TO A.DVDrISE, RECEIVE A.R EVAr.tJATIt "UQUEST FOR PROPOSALS- (UP'.) FOR COIIPI.ftIt ARCBlTECTt1R.AL AJrD DOIRnUO SERVICES FOR 'f'HE It:DOVATIOW OF I!M1ILDI.O B (OLD UALrH BUILDUO) --- It.. 'UB7 PROPOSALS TO ~RM PROnsSIOKAL SERVICU APPLICABLE TO COLLIn evv.u'S ICArD u.AGDŒJrT MASrD PLA.8; SELECTIOR COMMIrTU APPOIJrTED un TO UPORr no; RAJn:UO TO BOARD FO~ FUAL SE~EcrIO. Staff to report back with priority ranking within 90 days. Selection Co..ittee: County Manager or his designee Environmental Science Administrator Water Hanagement Director Growth Manageaent Statt Engineer It.. l-'Cl ¡ , corn.&cr WI'1'1I HRS FOR TIm OPERATIOK OF THE PUBLIC UALrB OJrIr J'OJt ! n: SCAL TUJt 11 88 / It See Pages ~ I I It.. '14Dl f I ACCItPrUCE or UrER AJm SDfER rACILITIES - ROYAL MOOD GOLF AJrD Cuv"nu' I' CLOB , 0Jr IT II Recorded in O.R. Book 1408, Pag~5 239-246 I I It.. .14D2 ¡ ACCItPrAJICE or urn AJrD SDfD rAr.ILITIES - COBBLES TOn AT ROYAL WOOD i GOLr AJrD CuvUJU CLUB, OJrIr II ¡ Recorded in O. R. Book 1408, Pages '41~~ t' It.. .1.D3 - Deleted I~ .1.E1 i 1tJESOLU'n08 110. 11-13, At1TBORIZX.O TO 1Ar&l8IJIrtJRB OF I'U1fDS roJt TO ; CYv,,¡; I CBlUSTXU DIDD/DAJfClt KOT TO DelED ,e. 000 ! See Pages 69- (!, / ! It.. .14E2 , ¡ ! BID 110. 88-1331 FOR RaUTIO PRIKTI.O SERVICES AWARDED TO !tAT LZPU J'OR í BID P1tOPOSAL '1 - 10 I. TO AMOOJrT or $13,1!1e.10; MOOU'S FIn PaIJI'l' '11A X. TIm AMOOXT or $2,000; A.R PRIKTIR' PLACE rOR IlB I. TO AMOOKT or U,8oo -------- Legal notice having been published in the Naples Daily News on ¡ ! Deceaber 2, 1988, as evidenced by Affidavit of Publication tiled with ¡ t , I Page 87 I ,to : t t JAKUARY 10, 1989 the Clerk, bids were received until 2:30 P.H. on Deceaber le. 1988, to c0D81ðer Bid '88-1339, Contract Printing. It- .".u CO8DI.C'r VIA ~ ORDER WITH EDISO. COIMOJIITY COLL&GK' S IDTI'l"tJ".B (Ø ",",----.&.aT TO PItOVIDJ: CDTIPIJro PUBLIC MAJrAGER THAI.I.O TO $v......~ AJID MAJlAODu.n PERSOJOŒL I Iu. .UB ¡ KI~..r....8"IOOS COIUlbPOJII,1ÞCB - PILBIJ AJfD/OR URRRZD ¡ I I There being no objection, the following correspondence was filed' and/or referred to the various departments as indicated below: 1. Florida Departaent of Community Affairs letter (no date) to Chairaan Saunders fro. Robert G. Nave, Chief Bureau of Local Planning re sending representat ive to 01/04/89 public h,!aring to adopt proposed Collier County Comprehensive Plan. R'!terred to Neil Dorrill, To. Olliff and filed. 2. Florida Public Service Commiesion Notice of Hearing, Docket f No. 881124-EI, re ~lorida Power and Light Company's Written I Protest issued 12/20/88. Piled. l 3. Florida Public Service Commission Application of West ~lorida ~ Katural Ga. Company for Rate Increase Ifi~ued 12/21/88 for I Dod:et No. 8112!1!1-GU. Filed. ¡ 4. Florida Public Service Commission Investigation into the ¡ Statewide Offering of Access to the Local Network for the t Purpose of Providing Information S~rviç('q Issued 12/21/88 ¡ for Docket No. 880423-TP. Filed. t I 5. Minutes received and filed: A. Ad Hoc Coaaittee for the Homeless Hinutes of 12/01/88 and Agenda for 01/04/89. B. Agenda for the Big Cypress Basin Board for 01/0e/89. C. Collier County Planning Commission Agenda for 01/0~/89 and Hinutes of 12/01/88. D. Marco Island Beautification Advisory Committee Agenda for 01/03/89 and Hinutes of 12/06/88. E. Pocket ot Poverty Committee Meeting Minutes of 12/16/88. 6. South Florida Water Hanagement District, Public Heetings scheduled to solicit COmments on Lake OKecchobee Swim Plan. Referred to acc, George Archibald, John Boldt and tiled. It- ""'1 CDi".II.I.CAD O. CORItBC'fIO. TO nm TAX ROLLS AS PRESEJITED lIT nm ~_. ~ APPItAI8U'S O"ICI 1988 Tangible Personal Property Ro. 1988-6!1 Dated: December 30, 1988 ... {. Page «S8 J fl -., -"".""'",,~ ¡ ¡ ¡ JANUARY 10, 1989 I , There being no further business for the Good of the County, the I , meeting was adjourned by Order of the Chair - ~;30 P.M. I ì ¡ BOARD OF COUNTY CO~ISSIOnRS f BOARD OF ZONIKG APPEALS/EX ¡ OFFICIO GOVERNING BOARD(S) or I SPECIAL DISTRICTS UKDER ITS ¡ CONTROL I ~ ! ~ : RT L. SAUNDERS, CHAIRMAK r A~: .1. :'~i" (J JANES C. GILES:,CLERX ". ,/ -& .: :,~ c- ~~; ,,~ ;~: :~ ¿J.e 'I' ~ The~~ m~~~t.';. approved by the Board on ?, /?ð',? a. presented ~ or as corrected I ¡ ! i t I f ¡ , ¡ I I i i t I ! Page 89 1ft- ""'.. , ".""