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BCC Minutes 09/13/1988 R Naples, Florida, September 13, 1988 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, ~t on this date at 9:00 A.M. in REGULAR SESSION in Building .~ of the Covernment Complex, East Naples, Florida, with the following ~bers present: CHAIRMAN: Burt L. Saunders VICE-cHAIRMAN: Anne'Coodnight ALSO PRESENT: Arnold Lee Glass Max A. Hasse, Jr. John A. Piator James C. Giles, Clerk: John Yonkosky, Finance Director: Maureen Kenyon, Dalila Mendez, and Ellie Hoffman, Deputy Clerks: Neil Dorrill, County Manager: Ron McLemore, Assistant County Manager: Tom Olliff, Acting Community Development Administrator: Ken Cuyler, County Attorney: T08 Crandall, Utilities Administrator; George Archibald, Public Works Administrator; Steve Carnell, Purchasing Director: Dwight Nadeau, Philip Scheff, and Barbara Cacchione, Planners: Ken Baginski, Planning Services Manager: Joe Magri, Code Adainistration Director: Leo Ochs, Administrative Services Adainistrator: Kevin O'Donnell, Public Services Administrator; Sue Filson, Administrative Secretary to the Board: and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 80OK 117 I'.\t;r. 639 """"'-'" " --~._._. ,--_._..~,-----_.~.,.~.,....~~---_.--'~,..,,-_..~........, ..., .. or loor 117n~64B SEPTEMBER l3, 1988 Tape 11 Itea t3 AGEWDA AKD COØSEXT AGENDA - APPROVED WITH CRAØGES co.aissioner pi-tor aoved, seconded by commissioner Goodnight and carried unaniaously, that the agenda Þe approved with the following chanqes: 1. Addition of Item 5C - Proclamation designating National Library Card Sign-up Month. Item 8C request by R. P. Marron regarding zoning problems - Continued to 9/27/88 2. 3. Item l4Al moved to Item 9A2 re approving distribution of a request for proposal and establishing a selection committee and selection procedure for assistance in preparing land deve- lopment regulations consistent with the proposed Growth Management Act. Item l4Bll moved to Item 9B4 re report on the status of Sabel Palm Road Improvements. 4. 5. ~'::..,:"' 'I\El 1".","':!d tü ':~2 :-:> ð l'!as~ for 11 cellular tclepllc..ne for - .. _.' Itea I5A PROCLAKATIOø DECLAR7øG SEPTEKBER 19-23,1988, AS INDUSTRY APPRECIATION WBBIt - ADOPTED c088issioner Basse read and presented the proclamation declaring september 19-23,1988, as Industry Appreciation Week to Mr. Dudley Goodlette, Chairman of the Econoaic Developaent Council. eoaaissioner pistor aoved, seconded by Coamissioner Goodnight anð carried unaniaously, that the proclamation declaring september 19-23, 1988, as Industry Appreciation Week be adopted. Page 2 ;;> ! ". 1. ,- / I - - - . ~~..............._.._.._....._......,_..""........... ----",., '... 117tn648 SEPTEMBER 13,1988 Itea us PROCLAKATIOJI DZBIGlfATIICG SEPTEKBER, 1988, AS DTIODL LIBRARY CARD SICßI-VP JfOØ'1'B - ADOP'l'ED Co881ss1oner Saunders read and presented the proclamation designating Septeaber, 1988, as National Library Card Sign-up Month to Public Services Administrator, Kevin O'Donnell. CO8aissioner Saunders aoved, .econded by commissioner pistor and carried unani.~usly, that the proclaaation designating september, 1988, .. øational Library Card Sign-up Month be adopted. '.1' I' ! ¡t :~ t r f ;¡, f, tf. Page 3 ? ! '. 1. / , / / <,.........,-,--.-- SEPTEMBER l3, 1988 It- "Bl PETI~IO. a-88-1c, WILSOØ, MILLER, BARTOK, BOLL, , PEEK, IKC. REPRESEØTI.G COLLIER DEVELOPMEKT CORPORATIOØ 70R A REZONE 70R "HERiTAGE" IØ IMHOltALEE - CO!fTIWED '1'0 SEPTEKÐER 27, 1988 cosaissioner Pistor aoved, seconded by Commissioner Goodnight and carried unaniaously, that Petition R~88-1C be continued to september 27,1988. Itea "B2 " OItDI1QØCB 88-6 IlB PETITIO. Zo-87-UC, DR. JŒ1CO SPAcnfA, IlBPIlBSE'l'IfING DKPGROmms OJ' MERICA, I.C. AMEØDI.G OItDIlCAIfCB 82-2 IlB CAKPING CABINS - ADOPTED SUBJECT TO STIPULATIONS Legal notice having been published in the Naples Daily News on August 12, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider petition ZO-87-14C, ,-¡ 1«'1 b1 Dr. I~':'no S;:,,?:)~, r-:pres!:'~':.;!"Ig r.ampgrounås of ^merica, 1n-::. t(;.,.JE:::¡:"lf'~ an am~ndntcnt to uc..llnøol.:li! ..:¿-.:., Lne Col1l?rehensive Zoning Ordinance for the unincorporated area of Collier County, by amending Section 7.19 Travel Trailer - Recreational Vehicle Park Campground District, amending Section 7.19 b.3) permitted provisional uses and structures by adding provisional use (c) camping cabins, amending Sec- tion 7.l9 c. development standards by adding a new Section 12 (Development Standards for camping cabins), and amending Section 20 definitions of Ordinance 82-2 by adding a definition of a camping cabin. Planner Scheff stated that this request is to allow camping cabins to be established as provisional uses and structures subject to speci- Page 4 ;;> ~ " It ',~. I I / ,",,---"--"""'- - - - SEPTEMBER 13,1988 fic develo~nt standards as well as general development standards required by the TTRVC District, and also, to provide for the defini- tion of a camping cabin. He noted that this petition was previously 'heard by the CCPC on October 1, 1987, but at that time, the petitioner was proposing that camping cabins be allowed as principal uses and structures. He indicated that staff felt that the proposed request was not consistent with the intent of the TTRVC District which was to provide travel trailer lots and campsites, adding that this district is intended to accommodate temporary residency while camping, vaca- tioning or enjoying recreation. He indicated that the CCPC agreed with staff and denied the petition, adding that the CCPC also expressed concern over the actual use of the structures, that is, that they might become permanent living quarters for farm labor housing. lie indicated that the CCPC directed staff to review other counties and see how they handle this type of a use in a campground. He indicated that in conjunction with this .alter, the petitioner revised his application by proposing camping cabins be a permitted provisional use. He stated that the petitioner has provided a list of nine cities and counties in Florida which allow camping cabins as per- mitted uses, adding that some of the areas permit camping cabins as nonconforming uses and other areas permit them by interpretation in the various zone districts permitting recreational vehicles and out- door recreational facilities. He indicated that the CCPC held their public hearing on this matter on April 2l, 1988, and recommended Page 5 lOGIC 117 n'~ 651 --..-- '.. ..""... -.-.---...-.",- ..117rw.652 SEPTEMBER l3, 1988 approval subject to stipulations as contained in the executive summary dated Septe8ber 13, 1988. He noted that it is being recommended by Staff that the stipulation regarding the elevation of the floors for these cabins be deleted and the stipulation regarding the wind stagna- tion be deleted as they are covered' in the Collier County Builðing Code and the Southern Standard Building Code. Co88issioner Pistor questioned if a limit would be put on the a8OUnt of cabins that could be built and also questioned if there would be any control as to how long people would be able to stay at these facilities? Dr. Spagna, representing the Petitioner, stated that these cabins have been built throughout the United States at KOA's, adding that ~r, ~'~'1 ¿:;:'~'!1'1 fj"'" """~)ír,'j ,-: t'1~ r.OA in Collier County as th~y thought it Wa3 a pcrmL~t~d U5~ ll~e otner areas. He noted that they were cited for violating the code and they decided to file an applica- tion to include these camping cabins as a permitted use in this zoning district. He noted that the CCPC did not feel comfortable with this request and denied it, but indicated that it may be more appropriate as a provisional use. He noted that the Petitioner agreed to do a survey regarding this matter and it was noted that there are districts where these camping cabins are permitted as provisional uses throughout Florida as there are more limitations and restrictions that are put on provisional uses. He noted that these cabins have no cooking facilities, bathroom facilities, or water, adding that it is Page 6 1.' -- . ? . I . , , ) . /' - .: _co..... ......._,-,_..-,.....'..,.....-' SEPTEMBER 13,1988 simply bunk beds in an air-conditioned room. Planner Scheff indicated that the proposed ordinance has a limita- tion on the number of units allowed, noting that it is lOt of the total TTRVC lots not to exceed 20 camping cabins. Dr. Spagna showed a video that described what the cabins were like and the facilities that were available at various campgrounds throughout the United States and the network of the KOA. In answer to Commissioner Hasse, Dr. Spagna indicated that ROA has their own self-imposed two week time limit, noting, that these cabins are only to accommodate people during their vacation period. COø8issioner Saunders stated that Pargraph "M" could be added to the proposed ordinance to limit a persons stay to a maximum of two weeks. Mr. George Keller, President of the Collier County Civic Federation, stated that this proposed ordinance will apply to the whole county and he would suggest that the number of units be 5' of the total TTRVC lots not to exceed 10 camping cabins. He noted that he would also suggest that the restriction of a two week maximum stay be li.ited to once a calendar year. eo..issioner Pistor stated that SO8e people may visit for two weeks and then travel to Key West and on their way back stay for a couple acre days and he does not feel that a two week stay could be li.ited to once during a calendar year. Coa8issioner Saunders questioned what rationale the 10' figure was 1001( 117~".s.653 Page 7 "..", ..----,- --~"..," .......~--,-~ ~..,-_.....~-~-.,~,.........~,....... ....... ",-,.. ...............-.."..... IlK 117 w¿ 654 SEPTEMBER 13, 1988 based on, to which Planner Scheff stated that this is based on data that was provided by other camping areas. CO8ai.sioner pi.tor nove4, .econded by commissioner Goodnight and carried unaniaously, that the public hearing Þe closed. C088issioner Pistor aoved, seconded by commissioner Hasse and carried unaniaously, that tbe ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 31 with the deletion of It.. 12i and 12j as they are covered by county codes; with item 12Þ reaaining as it is and to add sub-paragraph X which would indicate that a person is allowed a aaxiaua stay of two weeks: ORDIDBCB 88-69 AN ORDINANCE AMENDING ORDINANCE 82-2, TIlE COMPREHENSIVE ZONING REGULATIOIIS FOR TilE UHINCORPORATFD AREA OF COLLIER COUNTY BY 1::;::!:DWC :ECTIO:: 7.19, TRAVEL TRAILER - RECREATIONAL VEHICLE PARK ,. ., '.""~ ,,~~- ._~, ,...',.. .,'~ .,...-_.,~_.-., .., 10 ~,"\ n~:".;rT"'"."r" PkOVISIONAL USES AND STRUCTURES BY ADDING PROVISIONAL USE (c) CAMPING CABINS, AMENDING SUBSECTION 7.19 c. DEVELOPMENT STANDARDS BY ADDING A NEW SUBSECTION 12) (DEVELOPMENT STANDARDS FOR CAMPING CABINS), AND AMENDING SECTION 20, DEFINITIONS OF ORDINANCE 82-2 BY ADDING A DEFINITION OF A CAMPING CABIN IN THE APPROPRIATE ALPHABETICAL ORDER, AND BY PROVIDING AN EFFECTIVE DATE. It.. 1683 PETI~IO. R-87-40C, Q. GRADY MZøoR' ASSOCIATES, REPRESEKTIKG WOODFIELD LADS PUTlŒRSHIP, LTD., RE A RBZOn J1tOX POI) TO POI) FOR WooDFIBLD LADS OK THB EAST SIDE OF C.R. 951, øoRTB OF U.S. 41 BAST - DBØIBD Legal notice having been published in the Naples Daily News on August 12, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-87-40C, filed by Q. Grady Minor and Associates, representing Woodfield Lakes Page 8 ;;> " -, , 1. " , ) . / - - - ./ -...-,.,,---- ,---- - - - SEPTEMBER 13, 1988 Partnership, Ltd., requesting a rezone from PUD to PUD known as Woodfield Lakes PUD for 451 multi-family dwelling units and community com.ercial uses, for property located on the east side of C.R. 951, 400 feet north of U.S. 41 East, consisting of 69.32 acres. Planner Scheff stated that this is a request to rezone from PUD to POD for Woodfield Lakes to include commercial uses. He indicated that lands to the north ar' ¿oned A-2 and A-2 .ST": lands to the east are zoned A-2; 1and~ _0 the south are zoned A-2, C-l "ST" and C-3 "ST": and lands t the west are zoned PUD, Le1y Resort. He stated that to the nc~th is an abandoned quarry filled with water: to the east, south and west are undeveloped woodlands; to the northeast is a fruit stand with an active farm field and to the northwest is a service station. He noted that Staff feels that there is a need for buffering along the perimeter of the project to protect the proposed development as well as the surrounding developments. He indicated that Staff recommends a landscape buffer around the entire perimeter of the site in accordance with Section 8.37 of Ordinance 82-2. He reported that the proposed project would be adequately served by transportation facilities as U.S. 41 is a divided four lane arterial and, in addition, the traffic i8Pact analysis indicates that C.R. 951 is scheduled to be upgraded fr08 two to four lanes by the end of 1991 from Rattlesnake Hammock to U.S.41. He indicated that Staff recommends that the commercial acreage associated with the project not be approved. He stated that Staff feels that the multi-family residential land use is an Page 9 aOOK 117 flit... 655 """.....,...................,........."......... ..---,..--.....-- .. 117w.!656 SEPTEMBER l3, 1988 appropriate land use and with the appropriate buffering, it is recom- mended that an additional 70 units be permitted to allow 8 total of 521 aulti-family residential units for this PUD. He stated that with regards to the present PUD zoning of the subject property, Staff reco..ends that Section VIII, DeveloPment Commitments, be applied to the present petition, which would be 1°' to 20' for affordable housing. He noted that Staff recommends approval subject to amendment of the PUD document and the PUD Master Plan. He reported that the CCPC recommended approval subject to there only being one access to C.R. 95l which will be aligned with the access point of Lely Resort POD; deleting stipulations z, ff, 99, and hh; subject to protecting the Marco Island public water supply from possible contaminants --~~:-at~1 b'l the d(!'!elop"'~:1t: not allowin9 automobile service sta- tions, convenience stores with gas pumps or other minor auto service uses unless and until the rock quarry pit which provides water to Marco Island is discontinued as a source of public potable water supply. He indicated that the CCPC felt taht the 5 acre commercial tract was appropriate and included language that would protect the Marco Island public potable water supply. He indicated that the CCPC also felt that the project was not appropriate for affordable housing units. He indicated that one person spoke in favor of the petition at the public hearing but also spoke with regards to the necessity of protecting the Marco Island water supply. dence has been received for this petition. He noted that no correspon- He indicated that the Page 10 ;;> ! " , 1. -' . ) , /' - - - ....---.".""...,...,..'-,--- ._--,.' - SEPTEMBER l3, 1988 petitioner is also requesting a separation between structures of 20 feet or l/2 the combined building heights if greater, rather than 30 feet, or 1/2 the combined building heights if greater, as stated in the Agreeaent Sheet. He noted that Staff has no objection to this request. He reported that the maximum height for multi-family struc- ture in Woodfield Lakes is 35 feet and other PUD's have been approved for a si.ilar separation between structures. He concluded by stating that staff is recommending approval of this petition subject to the CCPC's recommendations and the additional request of the petitioner. In answer to Commissioner Hasse, Planner Scheff stated that this project will have 6-1/2 units per acre. C088issioner Pistor stated that if these lakes are excavated, there could be some adverse effects on the Marco Island water supply which is a critical concern. CO8aissioner Saunders stated that this is a commercial node and the proposed growth management plan shows this area as being designated an activity center. Planner Cacchione stated that the existing comprehensive plan allows for a limited amount of commercial at this time, but staff feels that what is being proposed is not consistent with the plan and therefore, they are recommending that there be no commercial, but the Petitioner has asked that this petition be heard as he submitted it. In answer to Commissioner Saunders, Public Works Administrator Archibald stated that the traffic impact on this roadway will be mini- Page 11 .* 117"'.¡ß57 --. --"'--- ..1171J~658 SEPTEMBER l3, 1988 _1. In answer to Commissioner Saunders, Planner Scheff indicated that the 6-l/2 units per acre is net density and is consistent with other projects in the area. He noted that staff is recommending denial of the CO88ercial because there is enough commercial in the area. C088issioner Pistor questioned if there would be sufficient right- of-way for the four-laning of C.R. 9Sl in this area, to which Public Works Ad.inistrator Archibald indicated that the petitioner has agreed to donate 50 feet of right-of-way, in addition, to providing right- turn and left-turn lanes. He noted that signalization will be added in the future if warranted. C088issioner Saunders questioned if the language in the document is s~tisf~ctory to protect the Marco Island wat'!r supply, to which '--' .;:.¡,-~ ..._o,-"....jJ..,...- hw...~¡o: - _..._~. - --;.;. ",_y¡~.::d ..fí:lrmatively, adding that the Environmental Science and Pollution Control Department will be 8Onitoring the project. eo..issioner pistor stated that with two excavated lakes, it will draw surface water which could have a possible effect on the Marco Island water supply. Public Works Administrator Archibald stated that there are two concerns: one is the effect on the groundwater during construction and the other is to be sure that there are sufficient environmental controls after build-out occurs so that problems are not created in the future. He noted that there will be strict requirements on the Page 12 ;;> , .. , 1. / . / / - - - ....,--."..- SEPTEMBER l3, 1988 excavation permit in order to protect the quality and quantity of the water suppply, which will be discussed later in the meeting. He noted that dewatering will not be allowed and blasting will only be allowed under certain controls. Mr. Q. Grady Minor, representinç the Petitioner, gave a brief overview of the project and then referred to the commercial acreage, noting that the five acres falls within the community commercial node and the future comprehensive plan designates this area as an activity center which the commercial acreage is also completely in. He noted that they do not want the affordable housing stipulations because these units will be condos for sale and it is not appropriate to have rental housing mixed in. He noted that the project received 65 points under the point system and only 40 were necessary, adding that he also received a unanimous vote from the cePC for this project including the cO88ercial acreage and deleting the affordable housing. He noted that this project has been in the process for lO months and they have received approv~l from the Utility Division, the ESPCD, and the Water Management Department. He indicated that the SFWMD has given concep- tual approval for this project and the NRMD has walked the site and rec088ended approval of the project. He indicated that the EAC has also approved this project and the petitioner is in full agreement with all stipulatons. He noted that the lakes have to be put in because of a water management requirement and aesthetically, it makes the project look nicer. Page 13 aOOf: 11 Î N','. 659 ,".,-...,....-.--...",-- -,-,----",- }.. 117m.600 SEPTEMBER 13, 1988 Mr. Lloyd Horvath of Missimer' Associates, Inc. stated that his fir. set up guidelines for this project to insure the safety of the water supply. He noted that it was deterained that the depth of the excavation should not be deep enough-to interfere with saltwater and should not interfere with a confining vater. He noted that there also should be no dewatering. He noted that they did testing and their conclusion vas that as long as the excavation did not interfere with the confining layer and there was no dewatering, there would be no probleøs with the Marco Island water 8upply. Mr. Ira Evans, Secretary of Marco Island Taxpayers Association, stated that the main two concerns on Marco Island are the vater and thl'! tr~rr.jc. He not~1 th~t if this project is approved, he fe~ls that trot: Marco .1..J....¡,d IoI...."r :;'1.0/:'1"'" ,u.. "".. ............:;1 ",'ú,,~cL~d and he also feels that this project will take away from the pressure which is not ade- quate on Marco Island at this time. He stated that with only one access to this project, he feels that there is going to be a gridlock at the intersection of U.S. 41 and C.R. 951. Be indicated that he would recommend that this project not be approved until all concerns are resolved. Mr. George Keller, President of the Collier County Civic Federation, stated that he feels that there will be a traffic problem in this area and a bigger problem if the commercial area is allowed. He indicated that he also thinks that the density for this project should be lower and that no fill should be removed from the site. Page 14 ? ! " It ',~' , ) /. ,---"'-'- SEPTEMBER 13, 1988 Tape 12 Mrs. Charlotte Westman, representing the League of Women Voters, stated that she has concerns regarding the sewage di3posal, the potable water, and the removal of the fill from this project. She noted that she hopes that the BCC does not proceed too fast with this project. Mr. Garry Beyrent, representing Woodfield Lakes, stated that this PUD was originally approved with 451 units and he is not asking that the units be changed. He noted that the existing comprehensive plan designates this area as commercial which is why he has five acres set aside. He stated that the new comprehensive plan allows up to 20 acres of commercial. He indicated that the lake system is required as part of the water management system and with regards to the fill, he indicated that he has other projects where he could haul this fill to. He noted that the experts have concluded that there will be no threat to the Marco Island water supply. He stated that he has received approval from the all necessary agencies and has no problems with their regulations or restrictions. He noted that this is one of the few PUD's including the commercial and the multi-family that has received a unanimous vote of approval. He noted that the criteria for the affordable housing is $54,000 to $72,000 and the projects that he is currently doing are selling for $52,000 to $54,000, adding that he anticipates that this project will fall in the same category which also ~ts the FHA criteria. Page 15 aOf ( 117w.! 661 ,-< --<---<..<--- .. 117N.r. 662 SEPTEMBER l3, 1988 CO8ais.ioner Goodnigbt 8oved, seconded by commissioner Pfstor and carried unaniaously, that the public hearinq be closed. eo..unity Development Administrator Olliff stated that this is an existing POD and they are requesting 'the addition of the commercial acreage, adding that the depth of the lakes currently allowed ls to a negative of 6.9 feet and the original POD was to keep all fill on- site. Coømissioner Saunders stated that the two major changes are that the lakes will be dug to a depth of -23 feet as opposed to the existing -6.9 feet and that there will be five acres of commercial. Coaai..ioner Goodnight 8oved, seconðed by Commissioner Glass and c' "-.!.I::! uT\i..:t:.r"uDly, t:.,~!: ':hc !,~'!:IHc hoarinq b3 re"poned. Hr. Rafael '1'errero Ot H3CCO ls.l.allu UtllH..I.eS stated that he is concerned with this project and would like to be kept informed if this is approved as to how it is going to be monitored. He indicated that he is very concerned that this will affect the water quality for Marco Island residents. CO8aissioner Pis tor 8oved, seconded by Commissioner Goodnight and carried unaniaously, that the public hearinq be closed. Commissioner Glass stated that the executive summary indicates that there are 69.23 acres and in the document it states 74.37 acres and questioned which figure is correct, to which Planner Scheff stated that the total is 74.37 acres with 69.23 acres of residential and 5.05 acres of commercial, adding that the residential portion of the pro- ? ! '. Page 16 ~~. ,- , / / - - - ,-~,. -,.' .~-,---_..~-~-- ,-,,-------,- - SEPTEMBER 13, 1988 perty includes 2l acres of lakes. C~issioner Saunders questioned if from a regulatory standpoint in ter~ of .aking sure that the development does not impact the Marco Island water supply, is there any advantage to the County approving this petition over the existing POD, to which Community Development Ad8inistrator Olliff replied no, fr~ a regulatory standpoint. Co88issioner Saunders stated that he does not see any reason to approve this petition, adding that he goes along with Staff in regards to the comøercial and he feels that the depth of the lakes is also excessive. He noted that the -6.9 feet in the current POD is suf- ficient in terms of water aanagement and he is opposed to the petition for this reason. CO8aissioner pistor .oveð, seconded by Commissioner Basse that petition R-87-40C, b. denied. eomaissioner Goodnight stated that the petitioner is still going to be able to build their units and this area has already been allo- cated for a commercial node in the present plan, adding that in the plan that the County will be operating under in January, this area will be an activity center. She noted that they could come back in January and ask for a rezone to all commercial because it would be in the activity center. Co8aissioner Saunders stated that just because an area is designated as a commercial node or activity center does not mean that the entire node or activity center is appropriate for commercial, Page l7 .ooc 117 flY$. 66:J ._---,-,,---,-- ,-, ,--..-., , -^----.- -----...- ,--,. .00( 117,w. 664 SEPTEMBER l3, 1988 adding that the BCC still has to make that determination. that it is not automatic. He noted Co88unity Development Administrator Olliff stated that a peti- tioner still has to go through the r~zone process, adding that in the Staff report it was recommended that this commercial be denied because there is currently 480 acres of zoned commercial property in this node and the Plantec study called for a 20 year need of about 150 acres. He stated that there is three times greater zoned property in this node than there was a demonstrated need for, adding that it is not all developed but it is zoned. upon ca1l for the question, the aotion carried 4/1, (Commissioner Cooc1night opposed.) ,.,+"",' '~,..~"..-.,-', """'~,H"ttvhi~Þ tiae Deputy Clcr4 ä~4~~Z "~r~~ccå u~pu~y Clerk Kenyon ***** Page 18 ;;> ! '. 1, / . I / " " SEPTEMBER 13, 1988 It- "82 ~uATIoø TO APPROVZ A LBAS8 FOR TWO CELLDL7Jt TELEPHONES PROH CELLVLMI. on FOR THE STATE A'1'TOIUfEY'S OPFICB - APPROVED Coa8issioner Hasse asked if the leasing of the cellular telephones to be utilized by the State Attorney's Office was included in the budget? Mr. Bill Miller of the State Attorney's office responded that this itea was a recoverable budget expenditure under Communications Service as per House Bill 1023. Co8aissioner Gla.. aoved, seconded by Co..issioner Pistor and carried 4/0, (coaaissioner Goodnight not present) authorizing the le..iDq of two cellular telephones fro. Cellular One for the State Attorney's Office, Þe apprO'Yed. Responding to Comøissioner Hasse, Mr. Miller advised that the annual cost of the lease is $590.00 for each cellular telephone. IteJ:I f9B4 REPOItT OK 'l'1Œ STATIm OF BADAL PAUf ROAD IHPROVEHlrnTS - APPROVED In response to Commissioner Pistor, Public Works Administrator Archibald advised that Sabal Pal. Road is a typical County road which has received considerable i.prove.ents. Mr. Archibald indicated that the road serves a number of residential streets, commercial nurseries, agricultural operations, operations involving trucking, and hopefully, a future connection to the Golden Gate Estates area. He noted that Sea Con Industries has more than fulfilled their commitment to construct Sabal Palm Road to collector road standards. He reported Page 19 a:lo< 117"",,665 -------"""""-."'.""-.' .".,.. . ......-....-..----.-..--.....,-...-......,..."..-...........'..............,...",.,.'" 100( i17 I'S? 666 SEPTEMBER 13,1988 that substantial completion of a turn lane complex on C.R. 951 at the intersection of Sabal Palm Road has been constructed as an additional safety l8easure. He stated that improvements made to Sabal Palm Road will handle future traffic, and will benefit the County immensely, due to its widening from l8 feet to 24 feet, and the construction of a bikepath. Responding to Commissioner Hasse, Mr. Archibald advised that Sea Con Industries has met FDQT's design plans, and has utilized a coarser ~terial which will handle the heavier truck loads in the area. He noted that Sea Con Industries removed the subgrade adjacent to the road, and replaced it with a coarse 6 inch limerock base. He added that the quarry operator would be responsible for any repairs due to "~'-':ir:-:; >-'f'."';"'":, \..-.._..-~ .~- ~~"~~y ~,..~~;~- ~~-~c~-Ible for th~ asphalt overlay of the existing l8 foot wide road. Commissioner Glass noted that on May 17, 1988, the Board established standards to be adhered to by the aforementioned firm. added that he has visited the site and favorable improvements are He quite noticeable: the firm has indeed followed the standards set by the Board. Representing Highway Pavers, a local competitor, Attorney Don Pickworth stated that after reviewing Mr. Archibald's recommendations, SO8e questions have arisen. He referred to his recent communication to the Board informing them of their concerns about the general land uses in the area. He noted that pursuant to obtaining a provisional Page 20 ;;> , ~' . 1, / . I / - - - »-'-""-'-»'--'»~""--"---'-'" -,. , , ~,_.._-_.__._.... .~ ' . ., ~. i f ~, '" ~},'~, ," "; " t; :1"'$ ",', ~"; , , , :' ^' ~'. It >¡, ¡, '~~ SEPTEMBER 13, 1988 use and the subøitta1 of the application and documentation to the Board in 1985, the intensity of use for Sabal Palm Road was filed dif- ferently than presently projected. Inasmuch as the proposed intensity is greater, Mr. Pickworth su9gested that Staff and County Attorney Cuyler further review this .atter. Mr. Al Johnson representin9 Sea Con Industries, Inc., stated that his client has fully cO8plied with the County's requirements, and will voluntarily continue to aaintain and repair Sabal Palm Road. Attorney Gary Wilson representing Sea Con Industries, Inc., indi- cated that his client will continue to monitor truck traffic and pro- hibit unsafe drivers from gaining access to the quarry. Respondin9 to Commissioner Hasse, Mr. Archibald advised that as of late he has not been able to visit the area to observe truck traffic, etc., however, the County reserves the right to control situations occurring on the road. eo..issioner Saunders commented that if any problems occur on the road due to overweight trucks or speeders, the Board will be com- pelled to close the quarry's operation. Commissioner Goodnight noted that although Mr. Johnson has complied with the County's standards, she, too, would vote to close the operation if any hazardous con- ditions occur in the area. CO88issioner Goodnight aoved, .econded b7 comaissioner Pistor and carried unani.ously, that staff reC088endation to allow the con- tinuation of off-site removal of excavated .aterial, Þe approved. Page 21 lOCI( 117 1'It;! 667 i I ' SEPTEMBER 13, 191f8 ¿ '- ;/ , .~þ ....' . Itea 'B4 ORDIJIUCB 88-70, PETI'.rIO. Zo-88-3C, COKKtlMl'1'Y DEVBLOPMEln' DIVISIO1f REPRESZJITIJIG BOARD OJ' COUJftY COKKISSIODU, ItEQUESTI.Ø AØ AJŒJmJœKT TO ORDIDlfCE 82-2 - AI)OP'l'EJ) , Legal notice having been published in the Naples Daily News on August 12, 1988 as evidenced by A~fidavit of Publication filed with the Clerk, public hearing was opened to consider the enactment of a County Ordinance amending Ordinance 82-2 to add a new C-6, Commercial Professional Infill Zoning District. Planner Nadeau noted that the C-6, Commercial Professional Infill Zoning District request will provide an alternative to retail Commer- cial land uses, and will function as an appropriate transitional district between areas of higher and lower intensity no longer suitable for residential land uses. Mr. Nadeau indicated that the C-6 District aeets the intent of the current and the revised Comprehensive PIan. He also indicated that the proposed district is to permit land uses which will minimize pedestrian and vehicular traffic by controlling ingress and egress to C-6 zoned lands. He stated that as a result of two public workshops and a Planning Commission public hearing held on September 1, 1988, 8Odifications have been implemented to the draft ordinance. He stated that the Planning Commission suggested that a cap be placed on the amount of traffic a land use or land uses could generate in relation to surrounding roadways. Following the Planning Commission's direction, Staff provided the following language as part of the d~~elopment standards: 8O8C 117n'.f.671 Page 22 -,.._,.~,_...,,-,. '."""'.."'.".'H.""""'" , . ,.,..-..--...".".." - ,- J. 117 I'I-;r. 672 SEPTEMBER l3, 1988 .Any peraitted principal uses or structures when takén in com- bination, shall not generate in excess of ten percent of the annual average daily Level of S'!rvice "C" capacity on abutting streets. roads with frontage on more than one street, the roadway with the On ¡ largest capacity will be used for traffic counts". Mr. Nadeau reiterated that the C-6 will provide alternative, low intensity, commercial land use opportunities, with development stan- dards designed to achieve maximum compatibility with residential and coa.ercial land uses which may be adjacent or nearby C-6 zoned lands. Mr. Garry Beyrent, representing The Clades, Inc., referred to his recent letter to the Planning Staff confirming his changes to the C-6 District. Mr. Beyrent read changes to Page LU-l29, Commercial Crit~ria and to Item "C" of th~ revised Camp Plan. Commissioner Saunders, however, staled that since presently an ordinance not the CO8p Plan is being discussed, Mr. Beyrent's changes will be considered at a later date. Mr. Nadeau indicated that upon the State's comple- tion of its review of the Comp Plan, the public will have the oppor- tunity to recommend changes and ~ifications. Mr. Willis Kingsbury of Wilson, Hiller, Barton, SolI' Peek, Inc. co.pli8ented Staff and the Planning Commission for the diligent manner in which they modified and revised the Comp Plan. Co8ai.sioner pis tor .oved, seconded Þy Commissioner Basse and carried unanimously, that tbe public hearing be clo8ed. CO88issioner pistor moved, .econded by Commissioner Hass. and ,;. Pag. 23 - - - ,/ -"--------,- . I " -,', SBPTEJœER 1~ !t8e / , / ,,-1J carried unaniaously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 31 ORDIJlDCB JfO. 88-70 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ADDING A NEW ZONING DISTRICT ENTITLED THE C-6, COMMERCIAL PROFESSIONAL INFILL DISTRICT AS SECTION 7.24.1, AND AMENDING SECTION 7., SCHEDULE OF DISTRICT REGULATIONS, BY ADDING THE C-6 DISTRICT TO SECTION 7.2, DISTRICTS, AND AMENDING SECTION 7.3, DEFINITIONS OF GROUPINGS OF VARIOUS DISTRICTS, BY ADDING THE C-6 DISTRICT OF SUBSECTION 7.3(c), AND AMENDING SECTION 8.31, SIGNS, BY ADDING THE C-6 DISTRICT TO SUBSECTION 8.31.4) AND ~DING SECTION 8.40, INTEGRAL CARETAKER'S RESIDENCE IN COMMERCIAL AND INDUSTRIAL DISTRICTS, BY ADDING THE C-6 DISTRICT AND BY PROVIDING AN EFFECTIVE DATE. It. 'lel RBSOLO'1'7oø 88-208 PETITIO. AV-88-022, COLLIER DEVBLOPKBRT CORPORATION RBQDBS'1'XWQ A VACATIO. OF PORTIO.S OF TBB DOIDGE AIm UTILITY EABBlŒftS LOCATED O. '1'HB PLAT OF BAST DPLBS INDUSTRIAL PAJUt - ADO P'.nm Legal notice having been published in the Naples Daily News on August 28 and September 4, 1988 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider a petition to vacate the ten foot drainage and utility easements located on the plat of East Naples Industrial Park. Public Works Administrator Archibald advised that the request is to vacate rear lot easements on Lots 5 - 8 and side lot easements on Lots 19 - 23 located in the Collier Park of Commerce to allow the developer to construct over the easement lines. He indicated that Letters of No Objection have been received from all pertinent utility lOGIC 117"...... 61J Page 24 " "", ,.......,,----,,- .....,-"~,,.,..,,_.._-,- ---_..,-".,.",,--.,,-- ,~~-,"".,.."" ""W""""""""" -----, , JOII 117Mõ74 SEPTEMBER l3, 1988 cogpanies, therefore, Staff is rec~lng approval of the petition. CO8ai.sioner pistor aoved, secoaded by cO88!.sioner Goodnight and carried unaniaously, that the public hearing be closed. Co88i.sioner pistor aoved, seconded by commissioner Basse and carried unaniaously, that aesolution 88-208, Petition AV-88-022, Collier DeTel0p8ent Corporation, as petitioner, requesting vacation of porti0D8 of drainage and utility e--ut. located on the plat of East .apl.. Industrial Park, be adopted. Page 25 - - - '----'" - - - SEPTEXBBR 13,1988 It- UC2 PB'l'I'fi0Jl AV-aa-O15, CDXPAGD BDILI)EJt8, REQ11ZSTIXG VACATIOX OF A PORTlOJl OJ' TO DOIDGE BUEJŒJITS LOCATBD OX THE PLAT OF RIVIERA COLOJrY GOLI' BSTATES - TO BE COØTIJft7ED WITHIX 5 WEED Legal notice having been published in the Naples Daily News on August 28 and September 4, 1988 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider vacating portions of the drainage easements located in Riviera Colony Golf Estates. Public Works Administrator Archibald noted that the petitioner is proposing to vacate four easements within Tract "G" of the Riviera Colony Golf Estates, and replatting them. He noted that Staff has received Letters of No Objection fro. the utility companies, and Staff has no objection to the proposal, however, the resolution should not be recorded by the Clerk until such time as the platting of the prop~ty is approved and recorded, thus allowing for replacement of future eas~nts. Responding to Co..issioner Hasse, Mr. Archibald advised that the 25 foot drainage easement that runs around the perimeter of the plat has not as yet been subdivided. He noted that there is a ditch within the easement which the developer proposes to reconstruct, which will result in substantial drainage improvements to the area. Referring to a sketch on the wall, Mr. Grady Minor representing Chaapagne Builders, delineated the colored sections and pointed to th~ swale and the ditch proposed for reconstruction. Page 26 80. 117 tV.! 677 ----.-'.......'. IOCIIt 117 Wi. ñ1S SEPTEMBER l3, 1988 co..issioner Hasse asked the width of the canal and if the out- fall was satisfactory? Mr. Minor responded that the canal is 40 feet wide, however, since a portion of the Florida Power' Light easement still needs to be constructed, the outfall is presently not satisfac- tory. This construction would result in a positive outfall to the Lely Canal, he added. Hr. Archibald further explained that presently there is a rock layer of the old easement that needs to be removed, however, the water running to the west is advantageous as it would be directed to two other water management areas. Coa.issioner Pistor stated that vacation of the easements would result in increased drainage problems in the area. Mr. Minor, h~~~ver, indicated th~t with the exception of the rear lots, water fro. the propoaed proJect WOULd noL araln to toe proposed ditch, but to the golf course and to the south of the project. Mr. Minor pre- sented the Board with photos recently taken which indicate drainage patterns in the area, and added that vacating and constructing the ditch would not significantly change the drainage patterns in the area. Hr. Archibald expounded that the County would be benefitting 'from the construction of the proposed ditch as it would handle normal rain- fall events. Commissioner Saunders asked if the ditch would handle a 25-year storm event? Mr. Archibald responded that it would suf- ficiently handle a lO-year storm event. Page 27 ,/ ~ ' :;~, '" , / / - - - , , " ,....- ...., -"" ,.. _....,-".... ....-,....... SEPTEMBER 13,1988 Mr. Roger Smith referred to the Board meeting of July 26, 1988 pertaining to the subject matter where Staff and Mr. Minor were directed to include the residents of Riviera Colony Golf Estates in the planning of the proposed project. He indicated that the Board's direction was not effectuated, and residents have not been kept abreast of the plans. not contacted him. He also noted that until recently Mr. Minor had Due to Mr. Smith's remarks about Consent Agenda Items l4B9 and I~BIO, Commissioner Saunders requested that these items be moved to the Regular Agenda and requested a motion to that effect. Co88issioner Pistor 8OVe4, .econded by Coaai.sioner Glass and carried unaniaously, that Consent Agenda It..s l4B9 and l4B1O be included as part of the discussion of It.. 6C2. Mr. Smith provided the Board with copies of a 1981 study conducted by Bruce Green and Associates, Inc. He referred to the second and third page of the study and read its contents, and explained the colored sections of the sketch previously delineated by Mr. Minor. Although, larger culverts were installed to the drainage ditch to alleviate the water flow, Mr. Smith indicated that since the water turbulence is so intense, the drainage problem still exists, as the water flow is greater to the west than to the east side of the ditch. He noted that the perimeter drainage size does not sufficiently handle water flows in the area, and added that the study was conducted under flooding conditions, therefore, the calculations are accurate. Page 28 11* 117nr.r.679 '"""'..--- ~..,-,~._-- .f IOIC 117 par¿ 680 SEPTEMBER 13, 1988 Coaœissioner Saunders suggested that after the proposed improve- ments are initiated to the drainage system, and prove to be effective, the petitioner can reappear before the Board to request the vacation of the ease.ent, Mr. Minor did not have any objections to this recom- I8eOda tion. Mr. Stan Gedvillas stated that the drainage ditch in question is not properly aaintained, and therefore, does not adequately service the 8urrounding areas. Referring to the sketch, Mr. Oliver Cross asked who would be main- taining the east to west ditch? Mr. Archibald explained that this particular ditch has been efficiently .aintained by the County, thus alleviating the water flow being diverted from County Barn Road to the west instead of directly south. He noted that rainfall runoff con- .:, ,..'13 al'.,== ':.~~c 1r::!~~'):-:! ;"L" '- ,.,. "':!. In regard to Mr. Cross' concerns about the continual of main- tenance, Mr. Archibald stated that once the segment to the north is developed, the County will assume and be responsible for the main- tainance of the ditch. In response to Mr. Cross, Mr. Archibald advised that the State law establishes development standards, and the approval process from dif- ferent jurisdictional agencies deter.ine development factors. Co8øissioner Hasse stated that since the petitioner is merely planning to dig a ditch, and presently not proposing development, Com8issioner Saunders' suggestion should be implemented, however, if Page 29 / ~ / / - - - ",'."...,-.--.-..--.."..-- .. .. - SEPTEMBER 13,1988 the proposed ditch does not ~t the needs of the area, the issue can be readdressed at a later date. Mrs. Cindy Cross suggested that the determination of the ditch's effectiveness should be initiated during the rainy season. 'l ape U ...DepUty Clerk Boffaan replaced Deputy Clerk Mendes at this time... Mr. Archibald offered the following options for consideration which were discussed with the Developer and the neighboring homeowners dur ing the recess: 1. Allow the Developer to proceed with the vacation, but delete reference to the 2S' easement and the 40' easement, which would exclude the peri_iter easement and the portion which is 40' in width. With regards to the proposed plat, the perimeter easements will remain as they are. The Developer will construct the perimeter ditch to a better cross section, and when completed, bring back to the BCC for review. Mr. Archibald indicated that the Developer needs to vacate the 2. interior easements and obtain approval of the plat, so that he can construct. Therefore, he noted that he is recommending that the Board consider the vacation and the plat, with deletion of reference to the perimeter easement and the 40' easement on the southeast corner of the development. In answer to Commissioner Hasse, Mr. Archibald stated that the Developer will make improvements to the existing ditch, in terms of drainage. I. 117 WI. 681 Page 30 -..-,.----.. ".'" ,m""""_'-"""'-""- SEPTEMBER 13,1988 C~issioner Goodnight questioned what the distance will be from the canal to the rear of ~he five homes to be built? Mr. Gedvillas stated that there will be no construction on the five lots in question, until the problem with the drainage easement is resolved, adding that the homes will 'be constructed up to the 25' easesDent. CO88issioner Saunders noted his concern regarding approving the plat today, specifically, that if the Developer makes the improvements to the existing ditch, and it is later determined that it should be expanded from 25' to 40', that possibility is eliminated. Mr. Archibald replied affirmatively, adding that the property owners to the east and north would be required to provide the added riqht-of-way. CQ~BDi~~~. ~~~~~~ ~~v~~, ~woon~u~ ~- ~~~~~~OU8r Basse, not to approve the plat at this ti.e; request the Developer to aake the necessary drainage iaprov..ents, in cooperation with Staff; and that Petition AV-88-015, Agenda It.. 14 B9, Rec088endation to approve the final plat of Riviera Golf Estates, unit 4 (Companion to AV-88-015), and Agenda It.. 14 Bl0, Recoaaendation to qrant final acceptance of the roadway and drainage iaprov..ents in Riviera colony Golf Estates, unit 3, be brought back before the Board within five weeks. Hr. Michael Vranek, representing the property owners, stated that the closing on the land took place ten ~nths ago, adding that his engineers have been working with the County Engineers to ensure that Page 31 J ' JÞ / /' - - - .'. .,_._._.~. --------.-..-'.'.'----"" --..--......,...-»"- SEPTEMBER 13,1988 all County specifications have been met. He noted that all the deve- 10pgent work needs to be completed, so the homes that are not affected by the drainage easement problem could be sold. He indicated that he is willing to hold back the five lots that are affected. Hrs. Jackie Fleming, Cynthia Way resident, stated that she acknowledges that her home was built in a low area, but at the time, there was no way of knowing that the developments forthcoming around her property, would build from l2--20. higher than her property. UþoD call for the question, the aotion carried unanimously. It- tfc3 JŒBOLO'i"Zoø 88-209, PBTI'1'IO. AV-88-020, JAJœS CROWSO. RZgUESTIlfCil VACATIoø 07 SIDB BASBJŒJrrS oø LOTS 30 AØD 31, BLOCX 84, GOLen GATE 0JII'1' 3 - ADOPTED Legal notice having been published in the Naples Daily News on August 28, and September 4, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- sider vacation of the six foot side easements on Lots 30 , 31, Block 84, Colden Gate Unit 3, for the purpose of building across side lot lines in order to construct a fourplex. Public Works Administrator Archibald advised that subject property is located on 25th Place SW, one block south of Golden Gate Parkway, and one block west of Tropicana. He noted that the current zoning is RMF-12, and that vacating the sideyard easement will allow better órientation of the lot. Mr. Archibald indicated that Letters of No Objection have been Page 32 IDOC 1171'1~683 .' -'--"'~-"'"" .,..,,"..~---- -.---- . ,-... ............, ..,-..--.... ..-.--..----... , - 117rv.r.684 SEPTEMBER 13,1988 received fr~ the appropriate utilities companies, and that Staff has no objection to the vacation of subject easements. There were no speakers, either for or against this Petition. Co8aissioner pistor aoved, seconded by commissioner Goodnight anð carried unani8ously, tbat the Publio'hearinq be clo.ed. Co8aissioner Pi.tor 8oved, .econded by Commissioner Ooodni¡ht and carried UDaniJlousl7, that Petition AV-88-020 Þe approved, aDd that Resolution 88-209 be adopted. Page 33 .? ~ "1, , ;'.j/ . ' I . /' .. - - SEPTEMBER l3, 1988 .. USOLtJ'l'IOIf 88-210, PE'fITIOIf AV-88-01l, SBOWAKZ1tICA A'l'TRACTIO1fS, I-C. ; J1ZQUZS'l'IJIG VACA'fIOIf or 'fD rooT DRAIJlACJB AID) UTILITY ZASZJO1f'1' 01f LOTS 39-42 AØD 45-49 or PIøzLAKD ox '1'BB TRAIL - ADOPTED Legal notice having been published in the Naples Daily News on August 28, and September 4, 1988, as ~videnced by Affidavit of Publication filed with the Clerk, public hearing was opened to con- " sider the vacation of the ten foot utility and drainage easement ,t!, ,( located on the rear of Lots 39-42 and 45-49, of the plat of Pineland ~on - Troil. for ~. pur~. of ~ildln. oeroo. lot lin.. for 0 ~. Public Works Administrator Archibald noted that request is being .::a:::e a::~::C::I~:~ate the aobject Iota, to anable the ~tltloner ,~;,. E' to b',i Id ~r:r03!!1 th'! c-:nt"r of t~"~e lots. Hc stated that the location ~; , h J:::::::~: ~::::::~:::'=:~::::~:::~:;:::~::'- t and Staff has no objection to the subject request. There were no speakers either for, or against Petition AV-88-0l6. CO8aissioner pis tor aoved, seconded by coaaissioner GoodDi9h~ and carried unaniaously, that the public hearing be closed. cO88issioner pistor aoved, seconded by coamissioner Basse and carrie4 unaniaously, to approve Petition AV-88-016, and adopt ~ ".olutioD 88-210. Page 34 J 7> I , / - - - I: " ",'---_._~ _.-"~_w...._.,",..,,~...."'-'--,..,_.."'..," 117nu.688 SEPTEMBER 13, 1988 Itea 16C5 ORD%DJICB 88-71, COUIRXIJIG 'fBB CUA'1'IO. or THE LIBRAR'!: ADVISOR'!: BOAIU> AØD JŒLAftI) JO.ftE:RS - ADOP'ß1) Legal notice having been published in the Naples Daily News on . . August 24, 1988, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider an ordinance con- firaing the creation of the Library Advisory Board and related aatters. Public Services Adainistrator O'Donnell stated that the Library Advisory Board was created in 1957 with members appointed by the Governor of Florida, and subsequent changes in 1971, resulted in the Board of County Commissioners appointing members to the Advisory ~ ~!"~. H~ nryted that there is a perman~nt n~~oin9 ^dvisory Board that should be created by Ordinance, noting that the proposed Ordinance would create that particular body. Mr. Paul Hoffman stated that he cannot find any provision that requires subject ordinance. He noted that this is not a new Board: it has been in existence for thirty years. He urged the Commission to disapprove the ordinance, adding that if the ordinance is approved, it opens the door for the Advisory Board and the Library Director to change Library policy, without Board approval, specifically, that Section Seven of subject ordinance is redundant. He suggested that if the Commission feels that the proposed ordinance is necessary, and in the best interest of the citizens of Collier County, it should be Page 35 ~ . p I /. - - - ..-,_._,_.._,-,_._.,-'-.~_....,..~. .-"""""""""- - - - SEPTEMBER 13,1988 aoended to coaply with the requirements of Ordinance 86-4l. County Attorney Cuyler advised that the League of Women Voters lobbied the Board and provided a number of presentations to have the advisory boards regulated under an ordinance for purposes of re- evaluation of the membership, to ensure that other residents of the cO88Unity could get involved, if they so desired. He indicated that the proposed ordinance does not create the new board, but merely con- fir.. that Board. He stated that a review of the -Functions, Powers and Duties of the Library Advisory Board- are the same as those adhered to for the past twenty years. Attorney Cuyler called attention to the inconsistency of the language contained within Sections Two b) and Four a) of the proposed ordinance, advising that it is the Board's discretion as to their pre- ference. It was the consensus of the Board that the Advisory Board shall serve at the pleasure of the Board, and any member may be removed from office by a majority vote of the Board of County Commissioners. cO88issioner pistor 8OVed, seconded by commissioner Qoodniqht and carried unaniaously, to close the pUblic hearinq. CO8ai.sioner pistor 8OVed, seconded by C088issioner Basse and carried unani.ously, that the ordinance as nuabered and titled below be adopted and entered into Ordinance Book Ro. 31, with section 4 a) ..ended as follows: "Any .naber of the Library Advisory Board may be reaoved fro. office by a aajority vote of the Board of county CO8aissioners." íÕa~ 117nro! 689 Page 36 " .-.--..-.-..,-'.,-""'" i t.~. :,.¡ ¡ , i l ,~ ¡",' r.', I ~~ ., t J ..117nr.t600 SEPTEMBER 13,1988 ORDIJrA!fCE 88-71 AN ORDINANCE CONFIRMING THE CREATION OF THE LIBRARY ADVISORY BOARD; PROVIDING FOR APPOINTMENT AND COMPOSITION: SE'rl'ING FORTH THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS: PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE: PROVIDING FOR REIMBURSEMENT OF EXPENSES: SE'rl'ING FORTH THE DUTIES OF THE COUNTY LIBRARY DIRECTOR OR HIS DESIGNEE: PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFf..cTIVE DATE. It.. 17A1 PIrò~íTloø A-II-3, FILED BY DR. 1ŒIfO J. SPAGKA, REPUSEKTIlfG LAWRElfCE P. BABIK, APPZALI-G THE PLAØI.G/ZO_I.G DIRECTOR'S DECISIOlf TnT A BUILÐIØG PERKI'l' CU1fOT BB ISSDBD BECAUSB THE SAlf MARCO TTRV PARIt DOES JIO'l' COJI'1'1.I. AØ IlfTBlUfAL P1dUt S'l'UE'l' SYSTEM - PLAlfJIING/ZOlfIlfG DIRECTOR'S DECISIOIf OVER'l'tJJUŒJ) Legal notice having been published in the Naples Daily News on August 28, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an appeal to the ;,'~~.,int1/Zorin'1 Dir-'?ct"r ~ rl"~i!!lion t~"t ,.. "'1I!)dinl'1 permit cannot be issued because the project does not c08ply with Section 7.l9.c.9, requiring an internal park street system. Petitioner intends to pro- vide access to approximately 70 TTRV sites, located along the eastern portion of the property, from a sixty foot easement lying 30 feet on each side of the line common to Sections l7 and 18, lying north of U.S. Highway 4l (Tamiami Trail) in Township 51 South, Range 27 East. Mr. Olliff advised that the interpretation made by the Planning/Zoning Director, was that subject site plan does not contain an internal roadway system, as required in the Zoning Ordinance, under the TTRV Section. He indicated that there is an easement which runs Page 37 <! ' ~ I . / --,_.,-,,", - - - SEPTEMBER 13, 1988 along the eastern portion of Mr. Basik'. property; 30' of easement on Mr. Basik'. property, and 30' of easement owned by property owners east of his property. He noted that the 30' roadway on Mr. Basik's property serves as the roadway to the internal finger streets, and it is the decision of the planning/Zoning Director that this road, since it i. shared on the other side by those property owners, does not constitute an internal roadway syste8. County Attorney Cuyler replied that he presently concurs with Staff, however, he noted, if Mr. Basik obtains releases of easements fr08 the other parties, he could then do whatever he elects to do. Dr. Keno J. Spagna, representing Mr. Basik, advised that the access to subject lots will be c~ing from a collector street and since this is a TTRV facility, the lots will not be sold. He noted that if it bec08e8 necessary, at some point, to redo the streets, there will not be the concern of platted roads which have to be vacated. He stated that the intent is to have all the traffic circulated within the faci- lity, controlled through the roadway which Mr. Basik put in after receiving a grant fr08 the State Cha8ber of Commerce for this faci- lity, in hopes to encourage industrial development in the County. Because of the two lakes on the site to handle the water manage- 8Ønt, Dr. Spagna advised that the road cannot be relocated. Mr. Larry Basik, in answer to eo.øissioner Pistor, stated that Staff had suggested the vacation of the easement, but the other pro- party owners, with the exceptiQn of the owner of the farm to the lOOK 117 "'~ 691 Page 38 ---,-----""'" ".."..".",.,...-..",.."..-- 117PJŒ692 SEPTEMBER 13,1988 north, object to the vacation, in spite of the fact that he is intending to aake improvements to it. Co.aissioner Saunders indicated that he does not view the subject road as an internal street, adding that any principal which is applied to this particular piece of property.will be applied to another piece of property. Co88issioner Hasse stated that it appears that an attempt is being aade to put too .uch on this piece of property, and questioned why the roadway could not be constructed on the lake side of the properties? Mr. Basik noted that he is presently at half the density allowed on the property, and another 30 lots would be lost, adding that it would be econoøically unfeasible to have the road on the lake side. C~issioner Saunders noted that.cst subdivisions have one or two ,:,...: -:'.'- -- ~iì':"- - -~,-- -;"-.:-j..l '*¡; SOIlW other road- way systea, but subject site has 13 or 14 little streets that connect, and it is not an internal road. Co88issioner Glass stated that he does not concur with eo..issioner Saunders, noting that Victoria Park and Ccescent Lakes are siailar subdivisions. County Attorney Cuyler stated that if the Planning/Zoning Director's decision is overturned, the Board will be setting 8 prece- dent. Co8aissioner Saunders .oved, seconded by co..issioner Basse and carried unanimously, that the public hearing be closed. Page 39 ! . ~ ) , /' - - - m_"~_,'----- . ., --_..~ -.-.".-.--.. . .. .--.-.,..... .......~..._......__.............. .....,................"'......-- - - - S!PTEKBza 13,1988 CO88issioner pistor aoved, seconded by Commissioner Glass, to over- tUrD the PlanniDg/zonin9 Director's decision. (CO88issioners Basse and Saunders opposed). Motion carried 3/2 It- 1781 USOLU'1'IOJI 88-211, PE'lI'l"IOJI PU-87-1tC, DR. ~O J. SPAGNA, RBPRESE1fTIN(: KBYCOX, I»C., RZQUBSTI_G &X'1'ZØSIOM OW PROVISIONAL USB 8.10 (BSSEØTIAL SERVICE) I'OR COMMUlfICATIO- TOWZa WOR PROPERTY LOCA'l'BD OK THE EAST SIDE OW OIL GRAD. ROAD, AØD 3/4 XILII IfOR'1'JI OW C.R. 858 (OIL DLL ROAD) - ADO PTED Development Services Manager Baginski stated that subject Petitioner was granted a Provisional Use which allows a communication tower in the A-IMH District. He advised that request is being made for a one year extension of a Provisional Use that is to expire on 5ePte8ber l5, 1988. He noted that Staff has reviewed this request, feel it is reasonable, and are recommending approval for a one year extension of Petition PU-87-19C. CO8Dissioner pi-tor aoved, seconded by commissioner Goodnight and carried unaniaously, that Petition PU-87-19C be approved, and aesolution 88-211 be adopted. IOOC 117P1'Æ69'J Page 40 --,.",.--,-,-_.._,.......,' ,._.",-",.,--,- - - - )I . ! SEPTEMBER 13, ;9$8 </.' I~- 111. LEO1IAJU) WIS1f1EWSU REQUBS'l'I_a PZRKISSIoø TO PARJt A MO'rOR BOMB 011 BUILDIJIO LOr nILE BOMB IS UJlI)ER CO_STRUCTIOII - 110 ACTIOII Acting Community Development Administrator Olliff advised that Mr. Wisniewski had a building per.it which was terminated, due to the lack of building inspections within the required 6 month period. Building Director Magri stated that Mr. Wisniewski has reapplied for 8 new building per.it, but as of this date, it has not been issued. Mr. Olliff indicated that construction of the home is beyond the tie bea. stage, and the last inspection was for the foundation. He noted that before a new building per.it can be issued, there must be engineering verification that the work performed beyond the County's inspection was done according to Code. eo..issioner Goodnight stated that the Board took action a couple of years ago which prohibited occupancy in mobile homes or motor homes in Golden Gate Estates. Mr. Wisniewski replied that he is not living in the motor home, but he is using it as a construction trailer to store tools, and his generator. He stated that he previously had 8 bags of cement and lU8ber stolen from his lot, that were not secured. eo.øissioner Saunders questioned whether it was permissible for the 8Otor home to remain on the lot, since Mr. Wisniewski is not living in it? ,oat 117 r,r,t 697 Page 41 , ¡ .~ -...-- "~",.."~_._..,-,~""...._,,...., ".,...".. "..--.-."....-,..,--......- .. 117 rv.t 698 SEPTEMBER l3, 1988 County Attorney Cuyler noted that he will look into this, meet with Mr. Wisniewski, and advise accordingly. It was the consensus of the Board that no action be taken. It- I8B RZQUE8'1' BY D'fBftID DIDTALB Faa CHILD CARB C2Jd'." PB1U!I'l' - RZQUBST WITBDDn BY PB'1'ITIODR Mrs. Katherine DiNatale stated that she was to appear before the Board on July 26, 1988, for an appeal regarding a ruling on the POD of the Greentree Shopping Center to allow a Child Care Center. She advised that she subsequently withdrew her appeal, since the owner of Creentree would not sign the lease. She noted that she publicly would 1.'-'! to th-:!r.:-: the Ccll'Ullissioncrs, Mrs. Cacchion~, r-!r. Olliff, Mrs. \oIalker, and t.IJ'! BuilolnYI ,-vnlng ~1.ðU: tor a,u tnl.: cooperation they have given her during the past two months. Mrs. DiNata~e indicated that there is a great need for child care services in Collier County, and she will continue to pursue a location for her business. She stated that she feels the issue of Zoning relating to Child Care Centers needs to be more thoroughly addressed. C~issioner pistor suggested that Mrs. DiNatale look into the possibility of obtaining an unoccupied building on Airport Road that had previously been used as a Day Care Center. Mrs. DiNatale stated that she had already done so, and the building has already been sold. It.- tiC RZOUE8'1' BY a. P. MAIUtOlC REGARDIlCG ZOJrI.G PROBLEMS - CONTIlroBD TO SBP'1'ZKBBR 27,1988 Page 42 - - - ,.....,-.-"-..---...-.-'-..-.'...... ...",..",...,.""_..,_..,,.,....,.............. ...,..-......-.....-,-..-- / I . ; <if SEPTEMBER 13,1988 It- 19A1 RBSOLU'l'IOil 81-212, AJŒ1fJ)I-G RZSOLU'l'IOII 88-175 TO EXPAKD TXE GOwn GA'rB DS'1'EJt PLMI CITIZn 8'1'EBRIXG COKKITTZE TO RID MEXBERS - ADOPTED Acting eoøaunity Development Ad.inistrator Olliff noted that in July, 1988, Resolution 88-l75 was adopted, establishing a five member Citizen Steering Committee, to assist Staff in the development of a Master Plan for Golden Gate. He stated that nine persons have applied to serve on this comøittee, and Staff believes that nine people will offer a good .ix. Therefore, he indicated that Staff is recommending that Resolution 88-175 be amended, increasing the ae.bership from five to nine persons, with approval of the following: Carol Lamb Norman R. Hatcher David C. Ritchie Geneva Till Ja8eS N. Coletta, Jr. Frank R. Dellecave Bruce Dilges Phillip J. Gofrinda George Keller Mr. Dick Braun stated that he feels the persons to be appointed should be those who do not have a conflict of interest, or those who will benefit by financial gain. CO8aissioner pistor aoved, seconded by comaissioner Basse and carried unani.ously, that Resolution 88-175 be amended to increase the Golden Gate citizen steering C088ittee froa five to nine aeabers, approving the nine aeabers listed aboVe, thereby, adoptinq Resolution 88-212. Page 43 aDO( 117,ar,r. 6Ð9 ,", .-----.----- T ----",.,""""'-,-'~ ._-_.-"'"-~".,""".,"_.-"---' """",--- . . ~. .~ ""'.--.."'."-..,,.""."'.""- "" J¡ :{ !1:' 1. . ~, .to' ì ~' .. .fI I ,! " þ I SEPTEMBER l3, ~9'8 <f!' Itea 19A2 ~uA'1"Ioø '1'BA'r 'lBB BCC APPJtOVB DI8'1'RIBUTIO. OF JœQVES'r FOR PROPOSALS AJIt) ESTABLISB A Sr:I.2C'1'IOX COIIKITTEr: AØD PROCEDUU FOR ASSXsnJICE IX PRBPARI.G LA1m Dr:vBLOPMEJr'1" RBGDLATXOJIIS COJfSISTENT WITH 'lBB PROPOSr:D GRO1fTB KAlfAGEJŒ1IT PI.A1f - COJIITINDED FOR on WEEIt Acting Community Development Administrator Olliff stated that request is being made to distribute RFP's for consultants to assist Staff with the Land Development Regulations to be implemented in the Growth Manage8ent Plan by August, 1989. C~issioner Pistor stated that he is hesitant in approving this request, since a copy of RFP is not included in the agenda packet, noting that he feels this is a monumental step in the County's Growth Develop88nt and he believes the Board should review the proposals before they are distributed. Attorney Don Pickworth indicated that his feelings are much the sa.. as commissioner Pistor's. He stated that he believes the RFP's should be .ade available for comment, prior to the distribution. CO88issioner pistor aoved, seconded by Commissioner Hasse and carried unanimously, that this it.. be continued for one week. Tape ... ..... Recess: 3:00 P.M. - .econYened' 3:15 P.M. at Which tiae Deputy Clerk Kenyon replaced Deputy Clerk Bollman ----. Itea 1981 BXCAVA'rIO. PERMIT 59.309 WooDFIBLD LAKES, BAST SXDB OF C.R. '51 RORTH OF U.8. n (COMPANIO. TO REZOn R-87-40C) - APPROVED WITH STIPULATIONS Public Works Administrator Archibald stated that this is a com- panion petition to R-87-40C, Woodfield Lakes, which is an existing Page 44 1- 117 FIr.!. 701 'V .---.---... ,...,--- ,,-"-""- -~- .. 117 w.t 702 SEPTEMB~ l3, 1988 POD. He noted that this is an excavation permit and they originally requested that this be approved for -35 feet but he is recommending that it be changed to -6.5 feet which is a safe elevation for water quality and quantity. He noted that he is rec~nding that there be no fill rel8OVed frOl8 si te. He indicated that he is recommending approval based on the original POD in place and subject to the following stipulations: 1. Lake excavation shall be excavated to a elevation of -6.5 ft. ngvd .axiJIIUJD. 2. There will be no dewatering. 3. There will be no fill IIðterial realOVed frOl8 the site. 4. There will be no blasting allowed. ~,.........,~~.,,~,~ p.. ".' '~:.,.,'!r, ~~,':"'d t~.:::'. '".é! '1:-. ... ,.._.,...,.:~.- understands the stipulations and agrees to same. Mr. Rafael Terrero of Marco Island Utilities stated that based on the stipulations, he has no proble. with this excavation. CO88issioner Pistor aoved, .econded by cosaissioner Goodnight and carried unaniaously, that Excavation perait 59.309 Woodfield Lakes, be apprOTed subject to the above four referenced .tipulations, notiDq that if blasting is Deces.ary, the Petitioner will have to C08e back to tbe Board. Itea ItB2 RBSOLUTIoø 88-213 APPROVIIfG A SETTLEKEJI'r AGRZEXE1rT WITH IDUNBY BkuT~as FARM FOR TBB ACQUISITIO. OF RIGHT-OF-WAY FOR VANDBRBILT BEACH ROAD - ADOPTED Public Works Administrator Archibald stated that this item involves the right-of-way for Vanderbilt Beach Road, adding that this Page 4S - - - "..' ........."..-,....-..- ;I . I ~ i SEPTEMBER 13,1988 road is under construction but. prior to completing the plans, two .iles of right-of-way had to be acquired, noting that said right-of- vay vas owned by Harvey Brothers. He noted that 38 acres had to be purchased fr~ theø and in 1984, Staff tried to acquire this property. He indicated that Staff had to go through an Order of Taken hearing and in August, 1986, through a judgeøent in Circuit Court, the right- of -way vas obtained. He indicated that since 1986, Staff has been negotiating the value of the land as well as business damages for the iapact on the farming operation. He noted that this was an educa- tional process because it was found that the value of the property for business purposes exceeded the value of the property from a fee simple purpose. He noted that there was a difference of $200,000 between the County's value of the property and the owner's value of the property and in the last two years, Staff has been addressing the issue of access. He noted that he has been able to negotiate a settlement agree.ent based upon the owners accepting Staff's figures for damages and land values, but in turn, they will be provided with two accesses to the new road. He noted that their current access directly to C.R. 9Sl will be removed when the County completes the new segment of the roadway between 1-75 and C.R. 95l, adding that he is recommending that the Settlement Agreement that has been executed by both attorneys be approved and that the resolution prepared by the County Attorney be approved by the Board and the Chairaan be authorized to execute same. Co8aissioner pistor aoved, seconded by COmmissioner Goodnight and Page ,US aOG( 1171'1,....703 ". . ., - " .~ SZPTBXBZR 13,1988 carried UD.~t8ðUSly, that Resolution 88-213 approving the Settleaent Aqreeaent with Barvey Brothers ~ara for the acquisition of riqht-of- way for Vanderbilt Beach Road be adopted. Page 47 - - - , ~, ¡ r -'""'--' .._-"" - - - / . I SEPTEMBER l}¿ 19§8 It- US3 STAYF AUTBO1t1ZBD TO EØTER DGO'lIATI01f8 WITH DAP'1' COI(STRUCTIOI( II( om" TO OB"I'AI. A REDUCED CO8'1'. FOR TBB IŒW COURTHOUSE AKD ALL ASSOCIA'1'ED WORK AND BRII(G BACK TO TBB BCC Public Works Administrator Archibald stated that this item is a recoøøendation to authorize Staff to enter into negotiations with the single bidder for the Courthouse Building, adding that bids were opened for the Courthouse Expansion and the Public Services and Health Building and for the Courthouse Expansion and only one bid was received. He noted that in looking at the bid, there may be areas where Staff could approach the contractor and consider some cost saving alternatives prior to bringing back a recommendation to either cancel the bid and re-bid it or to go ahead and consider the contract. He noted that based on the purchasing policy, Staff cannot enter into negotiations until Board approval is received. He noted that what is being asked this day is to gain Board approval to talk directly with the one sole bidder, Kraft Construction, and find out what arrange- 8ents can be made relative to reducing the overall construction cost and then consider whether to re-bid or enter into a contract. In answer to Co..issioner Saunders, Public Works Administrator Archibald stated that the specifications were put together so that nU8erous contractors would bid on the job, but some advantages to this bid is the amount of commercial work that is going on in the area. noted that there are a number of jobs around the area and many of the large contractors are submitting proposals for them. He indicated Page 48 eoGe 117nr.r. 713 He t . f " '. . ~. ., -- 'Moo. ... . 111m714 SEPTEMBER 13, 1988 that the volume of work around this area is fairly large 'and another reason that some contractors did not bid is because this is a fairly CO8P1icated job in a fairly isolated location with all kinds of underground unknowns. He noted that this construction will also be right next to the location of the public meetings and the courtrooms, adding that there are a lot of built-in problems that the bidd~rs may have had. He noted that one bid that was received was from Kraft Construction and they have done a lot of work around the area and are a bidder that Staff would like to talk to. In answer to Commissioner Hasse, County Manager Dorrill stated that bids were opened on a multi-million dollar public health and public services building for which 4 or 5 bids were received from "'":.! cc,nt:::.-::tor.:; ~;c.:;¡ ou~-or-town. II,;! ~;tê':r'J ~hat the courtho~se bid had a lot of interest up un~il the lbat aoment, but it is a CO8plicated bid and ~ of the elements of the project will not occur for at least three years, adding that the final element is to renovate the old historic Building -A-. He noted that for a contrac- tor to give a bid on a job that will not occur for three years is an indication of a risk associated with the work. He noted that Kraft Construction is not the only contractor that does work for the County, adding that the two most recent contracts have been with Cornerstone Construction. He noted that Kraft Construction historically has more construction related lawsuits against the County than any other contractor. Page 49 - - - '. -..".,........-"',,'..............,..--- - - - / I SEPTEMBER l~ 19&8 county Attorney Cuyler stated that under the fiscal impact in the Executive SU88ary, it indicates that th~re may be additional funding in future fiscal years and this will have to be coordinated closely with Staff to be sure that there are appropriate contract provisions if this is going to be the case. County Manager Dorrill stated that he has asked Mr. Mike Hicktervine, who gives the County a lot of construction relat~d advice, to CO8e to Collier County to assist in the negotiation process and his only request is that at this point, it should be noted that the Board is only exploring the possibility of a negotiated contract and at some point, the foraal bid process may be waived but not at this time. He noted that Staff did go through the formal bid process and there had been 8Ultiple potential bidders, but by bid closing time, there was only one actual bidder. He noted that it is the intent of Staff to explore a negotiated price lower than what was received and have it brought back to the Board. Co8aissioner Glass aoved, seconded by Coamissioner pistor and carried unani.ously, that Staff be authorized to enter into nego- tiations with Kraft construction to try and reflect cost savings and brinq saae back to the Board and recognisinq the co..ents of County øanager Dorrill. It- I9Cl MUEXBJIT WITH THB BCC, THB CITY OJ' DPLBS AKD '.rBB PLORIDA DBPAR'l'JŒ1If'r OJ' nTVRAL RESOURCES REQUESTI_G $10,000 I- J'LORIDA BOATING IMPROVEMENT PROGMK PONDS POR '.rBB DOCTOR' S PASS' DREDGIlfG PROJECT - APPROVED Public Services Administrator O'Donnell stated that this item is to seek authorization to execute an agreement between the County, the '* 117"q715 Page SO . , :' ;. '.:' 'I ;. , "~ .' .~ -.. ,,-.-.---....-....-.... ,............-.".-.......-..- SEPTEMBER l3, 1988 City of Naples and the Florida DNR to use Florida Boating Improvement money to help defray the cost of the dredging of Doctor's Pass. He noted that in June of 1988, the City of Naples made a formal request to his office for reimbursement in the amount of $10,000 to help cover the cost of the dredging of the pass which amounted to $42,565.02. He stated that during the August, 1986 budget discussions, the Board indi-' cated a willingness to use the $10,000 for this project. He indicated that dredging of a Pass of a navigable waterway Is a fundable project by the Florida Boating Improvement Program, adding that this will pro- bably be the last time that Collier County would be able to use Florida Boating Improvement money with the City of Naples because the County ha3 allocated all of its funds for the next six years for the ru~' ; ,v, 'f pro ':; in lh'~ ('rowt1: Management Plan. He noted t.ha l since 1983, the County has author~zed use of $273,6l4 to the City of Naples for this particular waterway project. co.ai.sioner Basse aoved, seconded by Coamissioner pi.tor and carried unanaously, that the agre..ent with the Board, the city of _aple. and the Florida Depart.ent of .atural aesources requesting $10,000 in Florida Boating Iaprov..ent Prograa Funds for the Doctor'. PaS. Dre4qinq project be approved. Page 51 - - - "hO ....,,- --.,.,. ._.,._.~_..,_._,._- .. -- - ¿; I .. -" SEPTEMBER tíf; ;988 IUIi "D1 RBSOLtJ'rIOJI 88-214 AKD CWS-88-18 FOR coø8'1'ROCTIOX 07 '1'BB SOtJTJI CODØTY 1D.S'rØA'rBR. 'fRA!8SXISSIO- DI_S AKD JDUJ'rBR. POMP STATIOØS - ADOPTED. BID IJtREQ11I.ARITIES WAIVED AØD COIft'RACTS TElfTATIVELY AWARDED TO T. A. FORSBERG, IJlCI KITCHELL AØD STARK CO_STRUCTION CO., INC. AND DOUGLAS _. BIGGIøS, IXC. Utilities Engineering Director Temby stated that this item is for four South County Wastewater facility projects to be awarded ~o three contractors, adding that this is a tentative award which is required by EPA. He noted that the low bidder for Project 11 was T. A. Forsberg, Inc. of Florida in the amount of $4,984,485: Project 12 for the wastewater transmission mains was Mitchell & Stark Construction Co.pany, Inc. in the amount of $2,998,579.70; Project 13 for the wastewater trans.isaion ~in was Mitchell and Stark Construction eo.pany, Inc. in the amount of $1,778,699.83; and Project 14 for the ~ster pump stations was Douglas N. Higgins, Inc. of Ann Arbor, Michigan in the amount of $6,228,550. fIe noted that in the T. A. Forsberg bid there was one irregularity which was a clerical error and in the Douglas N. Higgins, Inc. bid, there was a $95,000 generator that was not called for in the bid, which reduced the bid by that a8OUOt. He noted that another irregularity that was noticed last week was on the Douglas N. Higgins bid, adding that they apparently do not have a State Contractors' License nor do they have a Collier County Contractor'. License. He noted that they are working on this matter to resolve it. He noted that thes~.re the lowest responsible bidders on all of these contracts. Page S2 lOOK 117 ,,'.r. 721 ¡ ~;-. '~ -,------~.<" "..'"","'.."'.--- 111 ws. 722 SEPTEMBER 13, 1988 Co88i..1oDu .18toJ.' 809'84, 88OO84e4 by CO88i..ioøeJ.' ..... aa4 carried UDaDi8ously, that the irregularities be waived and that joint .esolution 88-214/CWS-88-18 for construction of the South county Wastewater 'lransaission xains and Kaster Pu8p station. be adopted anð that contracts Þe tentatively awarded to the abOVe-referenced contrac- tors in the abOVe referenced aaounts. Page 53 - - _.~-_."._....,. ",--"",-'--'--""" .,.......,..,.....-.-.-- , , \.' f .r I', '~ »; ~ ~' >f- 1(- ~~ 100( 117m726 SEPTEMBER l3, 1988 It.. f9E1 USOurfIOJI 88-215 APPROVI-a BOARD PAY AØD cu.sSIFICATIoø ~ AND REf..A'.rEI) ADIIIJrISTRATIV!: G17IDZLtD8 PO. FI8CAL YEAR 1988-89 - ADOPTED eo..issioner Saunders stated that there is a budget hearing on Septeaber 22, 1988, ~nd he feels that it would be more appropriate to approve this after the final budget is approved. Ad.inistrative Services Administrator Ochs stated that this is a recom.endation to approve the 1988-89 pay and classification plan and related ad.inistrative guidelines governing its administration and illlplnaentation. He indicated that in February the Board engaged the services of Ralph Anderson' Associates to conduce a comprehensive a~~lysi3 ~nd review of th~ corn~cn5a~ion, performance, eppraisal and . -: -, ': : . : -.. ,'-. " _.,- L ." -, ~--""nr:nt::; of th~ ~'lli ., included an analysis of individual job evaluation questionnaires, a coøprehensive labor market salary and benefit survey, the application of a point factor job analysis system to all position classifications, and finally the development of a completely new performance appraisal systea. He noted that the final recommendations of the consultants were presented to the Board on August 22, 1988. He stated that the reoo88ended personnel management system would make performance the priaary determinate in all future compensation decisions, would establish competitive salary ranges for recruitment and retention of employees, would provide for internal pay and classification equity, and would also provide a system that is consistently and uniformly ? Page 54 ! ) , / - - - - - - SEPTEMBER 13, 1988 administered. He stated that for the coming fiscal year there ie a salary reserve budget ranging between 1.S\ and 9.5\ that has been established in each fund which is combined with estimated savings of 2\ fr~ attribution and would provide the necessary funds to implement the Board's pay plan and pay for performance system. He stated that based on this information, he is recommending that the Board avprove the resolution adopting the 1988-89 pay and classification plan and all corresponding implementation and administrative guidelines. In answer to Commissioner Hasse, Mr. Ochs stated that there has been no strong opposition to this plan, adding that most employees are pleased with the recommended system. eo..issioner Saunders stated that in Section 2, Pay for Performance, there is a satisfactory, very good, and e~cellent pay range increases from 2.5\ to 7.5\ and it indicates that each employee that receives that grading shall be eligible for the certain salary adjustments and questioned if this is in addition to general cost of living increases or are all salaries from this point forward going to be pay for performance increases? He questioned how much flexibility the Board has in controlling the budget? He stated that if lOOt of the employees receive an excellent rating, then the Board is locked into a 7.5' increase for all employees and the ability to control the budget is lost, adding that this gives him some concern. County Manager Dorrill stated that all increases will be on a pay for performance basis. He noted that he has expressed a concern to Page 55 aDD( 117 "\!i[ 727 ~_., , .".,.......~..........__.- - - .. 117n'".l.728 SEPTEMBER l3, 1988 rr ~,the manage8ent supervisory staff that this is a program that will be ~ I;, øonitored on a 8Onthly basis so that the system will not be abused. ~,<,H. .tat~ t~t M will ~t ~lerðte c~abtent acro..-the-board ;~excellent evaluations. He indicated that if there is abuse of the , ¡,:',~,,:SYste8' the reserve accounts would rún out of money four or five ~80nth8 into the fiscal year, adding that the ability for the. ;i CoIaRIission to control the syste8 is the amount that is put into reser- J: f Yes. He noted that the percentage of gross payroll was put there in 1". f,¡..order to i~lement the new pay plan and on the other hand, there would ~'be a pool of JDOney to apply an average tyPe increase. iI': ,.:. Coaaissioner Pistor stated that with this type of plan, there ~;8eems to ~ a ~:~.~er ~~ce~ta9~ of people that are excellent or very I, . . ~ i: -~'!;:!3""" <:n1 t.~,:> n'~:: "'=!:Jult i:-.. ~')rc and lesH Lclu~l cu~t LO L ~ b,SLu~. ioU r.OL...ú Lnat if have incentive to do better than average work, the County gets than average results. Co88issioner Saunders stated that if this plan says that they that at the end of the year, the County has to provide 7.5\ salary increase to everyone that has an excellent rating regardless of what the budget situation looks like, to which County Attorney Cuyler stated that the Board has control of ~: the dOCUJDents and if there is a problem, the documents can be changed, as it is now, the employee would be entitled to a 7.5\ increase if they are rated excellent. Page S6 ;;> ~ . / / - - .. SEPTEMBER l3, 1988 Mr. George Keller stated that he feels that the percentage should be decided each year by the Board because there may be a negative cost of living increase some year and the County should not be tied into something that they cannot afford. County Manager Dorrill stated that every year he will have to show the Board the rationale for putting this money into reserves, adding that he is not saying that this is what it will be every year from this date forward. He noted that in each subsequent year, he will have to c~ back and show the figures to the Board. eo..issioner Saunders stated that the minimum would be a 2.5\ per- centage increase or to the new entry level, whichever is greater and with employees with three or more years, there would be a 5\ increase or to the new entry level, whichever is greater, but in no case would they get more than a $2,500 salary adjustment. He questioned if this would be in addition to the 2.5\,5\ or 7.5\ for the pay-for- perfor8ðnce, to which County Manager Dorrill replied affirmatively. County Manager Dorrill stated that there are two costs associated with this plan: the first is to implement the pay plan which is to bring an employees salary up to a certain level and about 40\ of the employees will be getting some type of money as a result of this. He noted that the second cost associated is in the ability to move up the pay plan which is on the individuals anniversary date and is solely based on pay-tor-performance. He noted that the maximum amount that an individual employee could get would be l2.5\ if they have been with Page 57 .ou 117""1.729 .. .----.....-....' .. '""-,.-_, --,,----"- .. 117 w.t 730 SEPTEMBER l3, 1988 the County ~re than three years and if they were an outstanding Coun t y e8P loyee . Clerk Giles questioned the approximate percentage of salary increase it involves for Phase I of the plan before considering per- for.ance evaluations, to which County Manager Dorrill stated that as a result of the implementation of the Plan, the percentage would be about 3' or 3-l/2' on an average overall on October l, 1988, assuming that the average employee has been with the County for two years. Mr. Ochs stated that he feels that it is a little closer to 4-1/2' overall. County Manager Dorrill stated that this would mean that there is an average of 4-l/2 to 5' for the balance of the year for the . . " -'! 0;1 : ° eo-is:;¡.I.orj~r '-Ïu",.......~",.¡~ ....,~ - .0'-- .....1;: ...o.¡.;~~.i..L ~.; receiviuy Ißvney in order to implement this plan and now it appears that the eo..ission is not sure if this plan will be implemented now or after budget or at all. She stated that there was a workshop on this item and if there were problems, they should have been discussed at that tí8le . co..issioner Saunders stated that the Sheriff's budget is still tentative at this time and nothing will be final until September 22, 1988, adding that this is one of the problems he has with approving this plan this date. He stated that he wants to be sure that everyone is fairly paid and adequately compensated, but he has a problem with Page 58 ;7' , . .,1. , ~. '. / . ;" - - - .....,.,..-....-..-.---- SEPTEMBER 13,1988 approving this without knowing the dollar figures or prior to the final budget hearing. Co88issioner Pistor stated that it has been pointed out several ti... by County Manager Dorrill that there is sufficient money in the budget to 8e8t this program. He stated that he believes this plan would be good for all of the County employees. CO88i.sioner pistor aoved, .econded Þy commissioner Goodnight, that Resolution 88-215 adopting the 1988-89 pay and clas8ifioation plan and corresponding iapl..entation and a4ainistrative guideline. be adopted. County Manager Dorrill stated that if there is a concern about the budget, the effective date could be ~de October 1, 1988. Co88issioner Saunders stated that he thinks that it is understood and there is no question that the effective date would be October l, 1988. comaissioner Glass stated that the proposed resolution indicates ð date of September 24, 1988, which should be changed to October 1, 1988. Finance Director Yonkosky stated that September 24, 1988, is the beginning of a new pay period and if the pay increase is not tied to a pay period, it is going to mean a tremendous amount of extra work in order to iap1ement it. Clerk Giles stated that he would suggest that it be made effective for salary checks dated after October l, 1988. CO88i88ioner pistor amended his .otion to reflect Mr. Giles- com- Page 59 aDDIt 117 PI? 731 SEPTEMBER 13,1988 reqardiDq the effective date. Co881.81oner Saunders reiterated that the motion i. to approve the pay plan effective with the first pay check after October 1, 1988. ~ upon call for the question, the 8Otion carried 4/1, (CO8a18SiODer t .&UDders opposed). . . Page 60 ;;> ! . I . / - -- - " -,....-.."........,...- 7 m 752 SEPTEMBER 13, 1988 , Dt8CU8SIOJI AJrI) AC'l'Ioø REUTI-G TO lfORTB DPLZS WATER SUPPLY. 'CJœ'1'IFIC1.'1'B8 OF OCCDPAlfCY 1(0'1' TO BE ISSUBD FOR J.JfY POTElfTIAL WATER CU8'1'OKB1t8 FOR A8Y STRUCTDRB lfORTB OF PIn RIDGE ROAD AND WEST OF I-75 UJI'l'IL '1'DU 18 ADEQUATE FIU FLOW. COlfTRACT WITH LELY AUTHORIZED. , BDRQBJfC'Y J:)BCUJUm AJm lfORJOJ. BID PItOCBSS- WAIVBD A!fI) BOLE, MOIfTES , MSOCIA'1'B8 8ELBCTED FOR THE 10" WATER DIll AKD BOOSTER PUMP. Assistant County Manager McLemore stated that on August 18, 1988, ,l~taff 8et with the fire officials of Little Hickory/Bonita Shores Fire pøpart8ent and North Naples Fire control and Rescue District regarding nàdequate fire flows in the northwest corridor of Collier County. He nðicated that during this meeting, the fire officials requested that County take four actions; declare a building moratorium in the time as the fire flow~ are brought up to standards; t~ - ~~~~ wðt~r ~~~t~~ ¡~ornY~-~~.- ~re nø~~~3~r'l to 8b~te the they are related to pending development projects; that would delay the issuance of building permits new develop.ents until such ti~ as adequate fire flows are deter- .ined by a field test; and to begin enforceøent of Tables 400 and 600 f the Building Code ~n a single-family construction. t, He stated that result of this meeting, the County Manager organized a specIal force of staff to address the issues and provide hi. with a a result of this on August 30,1988, the task force Board, through the County Manager, to establish a public date to consider the issues that were brought up at lleeting. - - - ': '/ ¡ ... Ii €'. SEPTEMBER 13,1988 Utilities Adainistrator Crandall stated that in 1984 a Master Plan was started and it was completed in 1986, adding that the Master Plan's final approval was dated September, 1986, and showed that there was an urgency to take care of properties north of Pine Ridge Road. He noted that in advance of the final approval, Staff was authorized to proceed with a plant expansion for this area and with the water mains. Re indicated that the water plant that will serve this area was opened in August, 1984, and there nor.ally has to be a couple of years before it can be determined when a plan expansion will be.required. He indi- cated that he knew i.-ediately that a plant expansion would be required but staff waited a year to determine the size of the expan- sion. He stated that there has been extensive construction that has already taken place, adding that there is a 36 inch line installed on C.R. 951 that goes up to Vanderbilt Beach Road Extension and a 30 inch line on Vanderbilt Beach Road Extension to the Carica Road storage tank . He noted that the lines have been pressure tested and are currently being chlorinated, adding that he is anticipating that in about two weeks, this line will be turned on. He indicated that every custO8er that the County has north of pine Ridge Road receives water ,~r08 the County by way of thé County p~rchasing wholesale water from the City. He stated that he recognized several years ago that there - was inadequate pressure and through several meetings with the City officials, it has been determined th'at there is°)'\ot enough water to provide the County with the adequate pressures that are needed. He Page 62 lOOK 117 ,£~ 753 -. ..:0- SEPTEMBER l3, 1988 the plant expansion and the wel1field expansion was ,"authorized in Aprill986, for a total of approximately $7.5 million, J' ~".ðding that this is nearly completed and is effectively operational d;'~en though it has not been fully accepted by the Board. He stated ~that the 30 inch and the 36 inch water main to the north County were l.uthorized in 1987 and they will be turned on in a couple of weeks. f D Øe noted that this cost $4.9 .i1lion and in addition to this there tiwas about $.5 .illion of participation agreements with developers to ~ put improvements in prior to the County's ability to put them in. He "noted that the developers wanted them sooner than the County and, '$ ~therefore, they participated in the cost. He noted that this indica- Rið~e Road. positive action to correct the situation north He stated that althought arrl".ng~:nents are not ,. ':l'1o:-r..:;..t"",-"n t~e C~ric' r~1~ ~!~r~~~ tank, the are to tie a line into the lines that exist at the Cerci. Road which will allow hi. to by-pass the tank and feed direct fr08 the water treatment plant to everything north. He noted indications are that there will be adequate pressure to \W1901O8 Pass Road upon turning on the 30 inch line. He noted that .. there ace other projects that have been constructed and have not been , Ii accepted by the Board yet, adding that there are two sections: a l6 inr.h ~:water aain along U.S. 41 to Bentley Village and another section of a ~'; ~.16 inch line along U.S. 4l to the Audubon Country Club and over to '::. r; Vanderbilt Drive. "." He stated that both of these projects are in the Page 63 - - - ". -..."""......' .--..-...- /h ", ¡' SEPTEMBER 13, A9&D 4: . . ground and will be turned on within a matter of weeks, adding that once these lines are turned on, there will be adequate pressure to just north of Audubon Country Club. He noted that the section of line that feeds tely Barefoot Beach, Bonita Shores and Little Hickory Bay has not been resolved. In answer to Commissioner Pistor, Mr. Crandall stated that in order to serve the area north of Audubon Country Club, there will have to be a booster pump on the line, that is yet to be built. Mr. crandall stated that the capability of feeding 90 pounds out of the plant will be there, adding that currently it is feeding 78 psi. He stated that he expects to ..intain 76 pounds at the Carica Road storage tank, adding that it will get progressively less as you get away from the source. He stated that the Bentley line and the Audubon line were good faith participation agreements that the County had with developers. He stated that as far as the portion of this area, it is a two pheBe project; Phase One is the portion of the 16 inch 8ain that has already been designed by the Lely Barefoot Developers and Phase Two will be a portion of a parallellO inch main along Bonita Beach Road that has yet-to be designed. He noted that both projects together will take about 6 months, adding that there is about 4 months construction time for the 16 inch line and about 6 8Onths for design, permitting, and construction of the 10 inch line. eoø.issioner Saunders stated that this issue is pretty simple, adding that there is an on-going pr~~ect to prov~de fire flow and Page 64 .00t 117 nq'755 " ----.-.---,,--""'..'... MOO .f; "'. ",.... ..,-,...-"...._----- SEPTEMBER l3, 1988 water to certain areas of the County end it is going to take e certain period of ti~ to get that implemented and during the process of i8Ple.entetion, the Counly has to deal with the issuance of building per.its and Certificates of Occupancy. He stated that "CO's" should not be issued until fire flows are established for each structure and it is also his opinion that no building permits should be issued unless there is a written agreement with each recipient of the building per.it indicating that they understand that they may not get a .CO' for some period of time pending the completion of this project. County Attorney Cuyler stated that although a moratorium is not being discussed this date, the County is talking about some develop- .ents within which the Board has authority to withhold .CO's., adding th:~ he wou11 like 30~e ~~n~r~l in1ication of where those are and 11,. ". "r,! .,., ,.'~/ r>1:.".rt n"ø,,1,:-, ~," ...,,::--:r., th('ms'21'",s as to what the emergency situation is because some affirmative action will be taken. CO88Unity Development Administrator Olliff stated that the recom- .endation is two-fold: the Staff would like authorization to draw up language on this matter as quickly as possible and also that all building permits and .CO's" be withheld for all developments where there is currently development language that allows the Board to do this. After discussion, it was the consensus that the Board cease the i8suance of "CO'8" for any structure in this affected area that does Page 65 - - - -,-,~"-"""" ... / not have adequate fire flow, but to continue to . SEPTEMBER ~, l?8J ~. issue bui1dlñg permits with an agree.ent that the Developer realizes that there may not be a .CO' for an extended period of .time. Mrs. E8ily Maggio, Civic Chairman for the Bonita Shores, Little Hickory Shore Improvement Association, presented a resolution to the Board in support of the fire commissioners in trying to get this probl.. solved. 'rape '5 Hr. Sergio Montes, representing Bentley village and Audubon Country Club, stated that he is willing to wait a couple of weeks for the lines to be in service and at that time, there should be no reason to consider this area for a moratorium. Mr. Bruce Anderson, representing Audubon Country Club, stated that he is requesting that the Utilities Department be authorized to place the lines in service immediately aft.: the tests on the lines are done. CO88issioner pistor moved, seconded by comaissioner Goodnight and carried UD8Diaously, that the utilities Administrator be authorized to place the lines in service i..ediately upon adequate testing. Rev. Donald Dawson stated that a ~ratorium should be put on all of the north c~unty until the water pressure is adequate as it is not fair to the ~~ople of Bonita Shores. He noted that Audubon Country Club should n,t be given any building permits until there is adequate pressure to Bonita Shores. Page 66 aD OK 117 '.\G[ 757 n~___" -.----, "."",- -" ._.."--~,,-,,-~...__._~_.,_,_,,.m_. - "--~---,.'"-------""-,.,."'..".."'.."._,,.,-,.." .~ - - - fit7 PP. 758 SEPTEMBER l3, 1988 Utilities Ad8inistrator Crandall stated that this lióe is going to ,;ll1Prove the pressure beyond what it has been in these areas. . ~ Mr. John Agnelli, of Lely Development Corporation, stated he is ~prepared to give the County a check, but it is on the basis that ~ building per.its and site development approvals will continue, but ~.ro'.' will ~t, a~ that on ~ha1f of ~ly -.lo~nt ~'~ration. the is prepared to present a check for $400,000 based on these con- ~ .'ditions. Mr. Ken Rogers of North Naples Fire Control District stated that there has been a proble. in North Naples for 12 years and they are now i, finally going to g~t some results. He noted that this will definitely fire protection, but he does have a problem with these problems Wl~n 1~.~, - .~. .., w ...~...... ~..~... 10": hv¡.....:e tonal. th.lngs that Mr. Crandall has indicated. CO8a!ssioner Saunders 8OVed, seconded by comaissioner pistor, that all potential water custo.ers in the areas north of pine Ridge load and we.t of I-75 there will Þe no certificates of occupancy ~. i.sued for any .tructures until it is established that there is ade- existing county codes; that no building per- any properties within that area unless the petitioner agrees in writing to the stipulation that he is not guaranteed. certificate of occupancy until there is adequate fire .,., ~ flow for hi. particular structure; and that the county Attorney Þe Y" ;1'.' Page 67 "'...'--- // I" .. ;;. SEPTEJmER iff; ~988 directed to adYertise so that this aoratoriua is properly aired at a public hearing; and that the restrictions prohibiting the issuance of "OO's" in tbe POD's for this area where the Board has the authority, be enforced effective i..ediately. County Attorney Cuyler stated that within the PUD, the Board has the right to enforce the development commitments, adding that there are certain advertisement requirements for a moratorium which the Board does not aeet on this date, but will aeet in the future when the advertise.ent is done. eo..issioner Glass stated that 8Oratoriua is not a word that 8hould be used this date. Mr. Olliff indicated that other counties call it a temporary deferral of a Developaent Order. Cocmissioner Scundi!rs stated that if hi! u~~d the word moratorium, it shoul¿ be c~~~~~d to l~rn;or~r1 deferral of ~ De':clop~ent C=ècr. In answer to Mr. Montes, County Attorney Cuyler stated that this is not a moratorium in the sense of a regular moratorium as Audubon and the other developments have development commitments in the POD dOCU8ent that says that if there is not adequate pressure then the County will not issue "CO's", but the reverse of that is that as soon as the Utilities Department can be shown that there is adequate water pressure, then automatically without any further action by the Board, the developer will receive the 'CO'~~ CO8aissioner Saunders stated that Kr. CUyler's comments are the 100( 117 ,m 759 Paqe68 ¡ '. _.~", ,--,-,-~----"'_...'-"..,.,,_.~' ."..,'."" " .~ for RFP's on that project as part of this overall strategy. He SEPTEMBER 13,1988 Opon call for the question, the motion carried Assiatant County Manager McLemore stated that he needs authorization to have the Chairman execute the contract with Lely ì: ,~two links of these lines. Co881asiODer pistor aoved, seconded Þr Cøaai.sioner Basse and provide for their participation in the last I carried unaniaously, that tbe Cbairaan be authorized to execute the contract with Lely Developaent corporation. Mr. McLeaore stated that in the last meeting, the Board gave emergency powers for the County Manager to negotiate a construction , 1;' contract once this contract was executed and he will negotiate this f~diat;cly. H~ indfc",t"'ð that th"! C"'Jnt:y f.!1!r>I'."~r end th'é! ':.. S >.:" " ; , ';diñ~ ¡"t' tank and pumping station on u.s. 41 and also authorization to that he is asking that an agreement be authorized between the the County to hold the County and Utilities Department permits that are issued prior to a water system Co88issioner Saunders stated that this i. part of the agreement 'that the Board already authoriz~d Staff to acquire. Mr. McLemore stated that with regards to Tables 400 and 600 of the Code, this issue has been resolved with fire officials and he Page 69 - - - ".,_.,......_,,-- -.....",...,."........---.,,"...,..'..'..'-.-"... - - - SEPTEMBER l3, 1988 is r~in9 that the fire officials and starf get together and work up an advisory inforMation package that would be issued for those people that had built prior to the County implementing this code. He stated that he is requesting that Staff be directed to bring back in 30 days a revised policy relative to the timing and sequencing of issuing building permits and .CO's. in the development process which is based on the finding of policy that the use of .CO'.. i. a aajor regulatory control and is not what it was designed for and, therefore, a revised recommended policy should be brought back. CO88i.sioner Basse aove4, seconded Þy commissioner pi.tor and carried unaniaously, that statt be directed to bring back such a policy within 30 day.. County Attorney Cuyler stated that he will advertise the Board's consideration of a moratoriuø for everything north of Pine Ridge Road and at the time of the public hearing, if everything is hooked up, the Board will probably decrease that area to the Little Hickory/Barefoot Beach area. Utilities Administrator Crandall stated that he would like to have the nor88l selection process for engineers waived and allow hi. to use Hole, Montes' Associates. CO88issioner Glass aoved, seconded by Commissioner Bass. and carried unanimously, that an eaergenay be declared and the selection proces. tor engineers be waived and Bole, Montes' As.ociates be selected for the 10 inch main and the Booster pump. lODe 117 nr.r 761 Page 70 " 'd_---.-'~-"_."--""'" ' .,..,.-...-.....,-,--' 117~762 SEPTEMBER l3, 1988 Utilities Adainistrator Crandall stated that he will need authori- zation to aake the necessary transfer when he receives the check from Lely to put it into the proper accounts by way of ~he necessary budget alleOdllen ts . CØ88issioDer Basse aoved, .econded by coaaissioner pistor and carried unanlaously, that the Decessary budgetary transfers Þe authorised .. pr."iously approyed by the Board. Page 71 ;> . . I . ó" .' - - - " ....--.------ - - - 117 par.¡ 77 4 SEPTEMBER 13, 1988 88-385/388 - ADOPTED Co8ai.sioner pis tor aoved, seconded by Comaissioner Goodnight anð Jr. fcarrie4 UD.~f~ly, that Budget Aaendaents 88-385; 88-386; 88-387; ~&D4 88-388 be adopted. 1::~1:'...... _=0118 00-32 AlII> OO-u - _nEt> 4" Co8ai.sioner Ooo4night aoved, seconde4 by Comaissioner Basse and that Budget Aaendaent Resolutions 88-32 and 88-33 ? Page 72 - / / ."-"""_.,,_.._.._-"~_...- ,- I SEPTEMBER 1¿.t 1988 It- 111C2 IØI'fIAL Btn)GE'1' FOR THE PUBLIC RECORDS MODE1UfIZATION TRUST nnm FOR FIsor. BAR 1987-88 APPROVED AND LOU REPAYMEIfl' TO THE GElŒRAL nnm I!' THE ~ OF $134,000 AUTHORIZED Clerk Giles stated that thls is a request to reimburse the GeneraJ Fund $134,000 that was borrowed last November to provide for records aanage8ent for the Board of County Commissioners. CO88issioner pistor aoved, seconded by commissioner Basse and carried unaniaously, that the reiaburs..ent of $134,000 to the General rand be approved and the neces8ary Þudget amendment authorized. It- I12A 0K8 YEAR B%TEØSIO- OF TIMB FOR FILI_O OF PLAØS FOR COKSTRUCTIOK OF COJIDO/BO'fEL 8UI'l'ZS AT IfORTBWBS'1' COUBJt 01' VAlfDERBIL'1' BEACH ROAD AND V7.JII)ERBIL'1' DRIVB - APPROVBD CO88issioner pistor aoved, that a one year extension for filing of plans for this project be approved. County Attorney Cuyler stated that he would recommend that this extension for this development not be approved, adding that the last tiae this matter came before the Board, they were going to proceed i.-ediately with the project and nothing has been done. He noted that there are constant problems when older permits are extended. Coø.issioner Saunders stated that if this matter is denied, the petitioner would have to apply for a new permit. CO88issioner Basse seconded the .otion for one year. County Attorney Cuyler stated that he would recommend that if this is approved, that there be a stipulation that they will forfeit all Page 73 BOOK 117 rAr.{ Tn .! . . . . ".~~..__..._.,.,..._-_."._.,."-"....... I. 117 w.[ 778 SEPTEMBER l3, 1988 iøpact fees if they do not meet their commitment. would like to hear the p~titioner a9ree to this. He stated that he Attorney Donald Pickworth, representing the Petitioner, stated that the petitioner is not in:a position at the present time to apply for building per_its and he is simply requesting a one year extension. He stated that this project is a superior project and will have less iøpact on the surrounding neighborhood and less impact on traffic than other projects that could be built there. that this request is justified. He stated that he believes County Attorney Cuyler stated that the petitioner has not done what he indicated he would do. He noted that there is $400,000 in i.pact fees involved in this matter. CO8aissioner pi.tor withdrew his action. He stated that if this is approved, it should be stipulated that this is the last extension and the petitioner forfeits his $400,000 impact fees. CO8aissioner Basse aoved, seconded by coaaissioner Glass and carried 3/2, (Comaissioner Saunders and Pistor opposed), that the one year extension of ti.e for filing of plans for the construction of condo/botel suite. at the northwest corner of Vanderbilt Beach Road and Vanderbilt Drive be extended for one year. ..... c088i..ioner pistor .oved, .econded by co8missioner Has.e, and carried unaniaously, that the following items under the Consent Agenda be approved and/or adopted: It- 114Al - Moved to It.. UA2 Page 74 - - - ,>o,^",.."""'-' - - - /' I ;. SEPTEMBER 6, 1988 Itea 114B1 LZA8Z MU~T BETWBD TIm BCC AØD TIm FLORIDA DOT FOR COØTI1fUED USE OF 'I'D SBERII'J"S DEPAR'l'XBJI'1' COKKU1(ICATIONS TOWER SITE FOR on YEAR See Pages '11'3- 7[17 Itea 114B2 U8OLO'rIOIf 88-2U IlAKI_Ø TIm VICE CD%JUIAØ AS SIGnTORY FOR TJU: JOIIIT PAftICXnnoø MUEKZ1rl WITH TIm FOO'1' FOa Ftr1ft)IØG OF TIm S:IX LAD ~'~S TO AIRPORT-PDLL:IJIG ROAD BETWBEIf U.S. 41 AJfI) GOLDEIf GATE ~Y (C.R. 886) AXe REAFFIRKI_G RESOLUTION 88-186 ~U See Page :It- 114B3 R:BOOIDaDiDAt'Ioø '1'0 EXBCUTB Pt1ItCIIABB AGJtEEJŒØT FOR TBB ACQOISITIOll OF R%~-DY FOR TIm FOUR LAn BXPAJfSIOIf OF STATE ROAD 951 B.8:l:Iu:B- U.8. 41 U1) JmRCO ISLAJm (PARCEL 141, ROBERT E. SMITH, ET AL) See Pages ~ i'? - 79:1 Itea 114B4 JŒCO~uA'1'IOIf '1'0 EDCOTB PORC'JIABII AGRBEXEJrr FOR 'l'HE ACQUISITIOlf OF Ucmr-oF-DY FOR 'l'HE FOUR LAn EXPAJfSIOlf OF STATE ROAD 951 BETWBU 0.8.41 U1) MARCO ISLAJm (PARCEL 139, CAVI- HOLDI_GS, :INC.) See Pages "1'1.3 ". 7 9-5' It- 114B5 8ID .88-1302 AWARDED TO SL:IFB XATERIAL BAØDLIlfG, INC. FOR A I'RBIIB'rAJI'DI_G JŒZZAØIH :I- 'l'HE AMO1JII'1' OF $22,514 Legal notice having been published in the Naples Daily News on July 28, 1988, as evidenced by Affidavit of Publication filed with the ~lerk, bids were received until 2:30 P.M., August 10, 1988, for the installation and design of a freestanding mezzanine. 10or 117nr.r. T79 Page 75 ---.......-,,"..-'.-"--.""'.-.' - . ' t. SEPTEMBER l3, 1988 ,~ .i , ~"d. .,' ' " , ' )",COJrrUCr WI'1'II 8OtJ'1'JI FLORIDA WATER ~ DISTJlICT FOR FEASIBILITY , r.nJJ)Y azLA'l'DKI '1'0 CDIIJfZL IJI~V ~.t8 I. 'l'BZ COCOHATCHEE RIVER SYSTEØ WHICH WOVLD B~1U~:rI'l "1'1111 FOUR-LAJUJrG IXPRO9'lULI'óll'.IS OF THE IKMODLEE ROAD PROJECT AT A COS'%' OF $18,497.38 TO THE COU1f1'Y '7,9¿ ~ Rp-ò See Pages . 1: It.. tUB? J1 ~'PRBLIJI%Drf ACBP'nIfCB OF THB ROADWAY AKD DDIØAGE IMPROVEJŒKTS FOR ~ ORAJlGftRBB UJrI'r8 1 'rDU .. (PHASE lA, 216, and 4A) LE'l"l'ER OF CUDIT f .88-072701 ACCZPTED FOR KAIJITE1IAJfCB SECt1RITY I. THE AMODlf'r OF $225,000 AØD LB'1"1'ZR OF CREDIT '10'12 I. "1'1111 AMODlf'r OF "°0,000 TO BB RELEASED t' ; It.. 1148. PRBLIJa1QJtY ACCBPTAØCB OF THE ROADWAY AKD DRAINAGE IMPROVBJŒN'1'S FOR ...,'rO VIJØYAJU)8, DIT on AJII) TRACTS "F" AKD "It" EXCLUDIlfG THOSE: RELATED :'8fO DPA BLVD. AJn) StrBJECT TO AMBJfDllfG THB BXPlRATIOIf DATE OF EXISTING !>;8BCD1tI'1'Y DOC~ TO SEPTEMBER 13, 1989 114B9 - Action taken under It.. "C2 114810 - Action taken under It.. .'C2 to It.. "84 ,t.A1œ '1'JtAJ'J'ORD !ŒJfORIAL GARDnS CEiœ1:'ERY DEEDS KOS. 553 THROUGH 55' '.. t' See Pages J ¿) /, ~ t'.) ~ ~ It.. 114D1 i': t'~.','.'.,,',,8J.'1'I8J'AC'r%0JI OF AGRBEJœ1I'l' FOR PAnŒJr1' OF WATER SYSTEM DEVELOPKBK'l' CJIARGB8 OJI LO'l' 13, BLOCK 2, PALM SPJU:.GS ZSTA'l'BS DIT on f see Page YCJ5 . ~,]:= OF DZB1t1IOOD VXLLU, PDBB I,' - OK-SITE WATER "NO on-AT'"" E P:lCILITIZS SUBJECT TO STIPULAT: --, .,,_.'- -...,..", .,.........-.. .. ...-.----- - - - I' / I . SEPTEMBER if 1998 ~~. ~ater facilitico to øcrve Deerwood Villas cannot be ;:.~~ into service or water Meters set until the facilities ~.'l. ~n rebacterial1y cleared to the satisfaction of the '.;:.:'11 ties aperation3 l>cpartlllCnt. ~. 7~e :~al documents submitted are found to be legally suf- ~:.:ient b'l the County ^ttorney's office for acceptanc~f? ale. ~O ,1":.~~é},;).i-~!S3 c;" 1.;.)4/ =~ +:'4E1 - Moved to It.. tU2 ~ r--4 =~ *:'4B1 ~ ~ 70a XØKATES BOS. 48330,39"3,38'86,20832,44115,56725, 5":"247 r AJID 50379 :~ .:14][2 ~~()1(S OF LXElI FOR SERVICES OF '1'KZ PUBLIC DEFEØDER See Pages Sot, -Y/¥- , =~ .,.4B E:S~-.1WEOtJS CO¡UU:SPO1fI)ElICE FILED 1UID/OR REFERRED ~.~. ~ing no objection, the Chair directed that the following ==:~.~~ence be filed and/or referred to the various departments as :..:::.~;.:~-:.r.. :>elow: r;on-dated News Release frOll Area Agency on Aging of South ~.ntral Florida, declaring a public hearing on 09/07/88 at F~rt Hyers City Hall. xc: Neil Dorrill, Martha Skinner, and !iled. - .. :e:.~er dated 08/29/88 to eo..issioner Pistor fro. Rosa M. ~~r9an, Administrator, Programs for Community Development, F:~rida Department of c~nlty Affairs, announcing the ~;~lication cycle for the Florida Enterprise Zone Boundary :~.nges. xc: Neil Dorrill, Wanda Jones, and filed. :4:.~er dated 08/29/88 from Philip R. Edwards, Deputy Assistant Secretary, Florida DER, enclosing short form appli- :e:.ion 111539535 which involves dredge and fill activities in ~e:.ers of the State within. the limits of your jurisdiction. To:: :Jell Dorríl1, George Archibald, and filed. -. . ~. :.:.ter dated 08/31/88 fr08 Florida Department of Health and ~.~ebilitative Services, to Michelle P. Leal, Sheriff's Page 77 aoolt 117 '1';~ 781 . .' .! .. . I' ,....-.'"".-.......-....--....-"....... . .... ...............-'.- 111no.782 SEPTEMBER 13,1988 5. Depart~nt, copy to BCC with copy of finalized contract for Service of Process between their office, BCC and the Sheriff's Dept. for Fiscal Year 1988-89. xc: Neil Dorri1l, Ja~ Giles, and filed. Notice dated August 24,1988 from Terry M. Barrow, Licensing specialist, Bureau of Explosive and Fire Equipment, State of Florida, Depart.ent of Insurance and Treasurer, to the BCC regarding the 9/30/88 expiration of certificate of insurance. KC: Neil Dorrill: Sherri Rynders: and Filed. It.... There being no further business for the Good of the County, the .-eting was adjourned by Order of the Chair - Time: 5:15 P.M. BOARD OF COUNTY COt9IISSIONERS/ BOARD OF ZONING APPEALS/EX Of'f"ICIO GOVERNING BOARD(S} OF SPECIAL DISTRICTS UNDER ITS COHTR 0 L ~ BURT L. SAUNDERS, CHAIRMAN "~'.."", .. 1...- " ~~~ G~~~;èLErU( . , t~ , r ~ . "~ c/ 4f.i. :', ~.~ /1<: :, ~~. ~ 4../ . , .-- . o' :. : 'rhese .inute!t approved by the Board ..' '- '. a.eri:~en~~< ~ or as corrected "'# ,..~......' ,'" '., :.,.. .t,' 'I !I~"'.' o~~~ ..2.-~ /' ,?/ / Page 78 ., -"..._---~".._..,..,,---