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BCC Minutes 07/26/1988 R Naples, Florida, July 26, 1988 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Colli!;:r, dnd also d(,.Li""" d.:> ..in:: ;::'VOL'; v.. ",v"~IIY -" Appeals and as the governing board{s) of such special districts as have been created according to law and having conducted business herein, met on thi. date at 9:00 A.M. in hEGULAR SESSION in Building HF- of the Government Complex, East Naples, Florida, with the following members present: VICE-CHAIRMAN: Anne ~~odnight John A. Pistor Arnold Lee Glass Max A. Hasse (Absent) CHAIRMAN: Burt L. Saunders ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Maureen Kenyon and Ellie Hoffman, Deputy Clerks; Neil Oorrill, County Managcr; Ron McLemorc, Assistant County Manager; Tom Olliff, nssistant to the County Manager; Ken Cuyler, County Attorney; Dave Weigel and Marjorie Student, Assistant County Attorneys; Jane Fitzpatrick, Growth Management Director; Harry Huber, Engineering Director; Philip Scheff, D~ve Weeks, and Dwight Nadeau, Planners; Charles Gauthier; Long-Range Planner; Tom Crandall, Utilities Administrator; Kevin O'Donnell, Public Services Administrator; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 ~Cù( 11n Fl'.r 301 .---- """'_" .. .. --~._.__.__.. - - - JULY 26, 1988 Tap. II It.. 13 1.G&JrDA - APPROV~O 'H'.1'I! \.:J1^"YfOþ comaissioner Pistor moved, seconded Þy Commissioner Glass and carried 4/0, that the agenda be approved with the t~llowing changes: 1. 2. 3. Item 6C5, re Petition SNR-88-1C - contin~ed to 8/23/88 Item 6B7, re Petition ZO-87-l4C - continued to 9/13/88 Item 7A5, re A-88-2 appeal of a child care center within the Greentre'~ PUD - Deleted at request of petic.ioner. Item 12A Added re issuance of temporary certificate of occu- pancy to Dennis Hamilton until he can apply for a variance. Item 14B2, excavation permit for Southwoods, con't. to 8/2/88 Item 14B7, re waiving competitive selection process for design of roadway, drainage, sewer and water service for. County's public b~ach et Lely Barefoot Beach - Deleted. Item 14B4 moved to 9B2 by Commissioner Pistor Item 14B6 moved to 9B3 by Commissioner Pistor Item 14BJO moved to 9B4 by Commissioner Pistor Item l4Cl moved to 9Cl by Commissioner Pistor Item l4Fl moved to 9Fl by Commissioner Pistor 4. 5. 6. 7. 8. 9. 10. 11. County Attorney Cuyler stated that for the record, there are a number of items that have been continued and are indicated on the agenda as such. commissioner Goodnight indicated that Commissioner Saunders would not Þe at this meeting because he was invited to a meeting at the home of Hr. 'Hrs. George Bush this evening and a Þriefing this morning with Hr. Dole. Item 14 HIftOTES OP JUNE 14, 1988 BCC REGULAR HEETING - APPROVED WITH CHANGE It was noted for the record that the vote on Item 1120 or the June 14, 1988, Board meeting was incorrect. The minutes should have reflected a 4/1 vote with Commissioner Saunders opposed instead of a &OO~ l1B p~'.! 309 Page 2 .,- ,..--.-.,..-..-......--.. IGG( 116 ~1'-! 3iO JULY 26, 1988 3/2 vote with Commissioner Hasse and Commissioner S3unders opposed. co..issioner Pistor moved, seconded by Commissioner Hasse and carried 4/0, that the minutes of June 14, 1988, regular meeting be approved with the change as indicated above. Ite. 151. PROCLAKATIOR RECOGNIZING EMPLOYEES IN WATER AND WASTEWATER DEPARTMENTS AND IIC PARTICULl.R MICHAEL R. NEWHAN, WATER MANAGEMEnT DIRECTOR, FOR DEDICATION AND HARD WORX CONSTRUCTING MANATEE PUHP FACILITY - ADOPTED Commissioner Glass read and presented the Proclamation to Michael Newman, Water Management Director for the Utilities Division. Mr. Newman thanked the Commissioners and indicated that this was a team effort and would not have been possible without Mr. Crandall's assistance. co..issioner Pistor moved, seconded by Commissioner Hasse and carried 4/0, that the Proclamation recognizing employees in Water and Wastewater Departments and in particular Michael R. Newman, Water Management Director, tor dedication and hard work constructing Manatee Pump Facility, Þ9 adopted. Page 3 - - - ........-.-.---. --. "". -.---.---.-..---...- . &j)û( 116'J~~312 JULY 26, 1988 Itea "A1 RESOLUTIOX 88-163 APPROVING THE PROPOSED GROWTH MAN~GEMENT PLAN FOR TRAHSXITTAL TO THE ST~TE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS FOR PRELIXINARY STATE REVIEW - ADOPTED AS AMENDED. CHAIRMAN TO EXECtTTE TRAHSMITTl To LP.TTER AND ADDITIONAL PUBLIC HEARINGS TO BE HELD PRIOR TO ADOPTION Legal notice having been published in the Napl~s Daily News on July 17, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consid2r the submittal of the pro- posed Growth Management Plan to the Statc of Florida, Department of Community Affairs, for preliminary State review, Growth Manag~ment Director Fitzpatrick stated that the purpose of this hearing is to approve the proposed Growth Management Plan for submittal to DCA in order for them to conduct their preliminary review for the Growth Management Act compliance. She noted that two transmi~:al reports have been presented to the Board; one is the spec i- fie language changes from the June IS meeting end the other is the changes that were made during the July 20 meeting. She noted that the Board also has a copy of the transmittal letter which must be signed by the Chairman, adding that this was revised to more accurately reflect the further direction of the July 20 meeting. She indicated that a resolution also needs to be adopted that will approve the transmitting of the plan to DCA, Commissioner Pistor stated that he has some concerns about the allocation of the corridors for the ro~ds, adding that he does not feel that the north-south road that is only about 300 feet from 1-75 Page 4 - - - JULY 26, 1988 is necessary and if it is left in the plan, it will maKe that land ðlmv!:It useless. He stated that the County cc~ld ~~ =~tj~~tc= t= having to make payment for the value of the land because of inverse condemnation and he does not feel that the County would want to pay for this land. Commissioner Glass slated that he feels that this particular road is also unnecez~a~y, adding that he voted against this in a previous hearing because 1-75 is going to be 8-laned and there will not be a need for an additional ~orth-south road that close to 1-75. County Attorney Cuyler stated that with regard to this matter and any others, the plan will be coming back to the Board to review, but because of the time limit for the initial submittal, he would recom- mend that this plan be submitted as is subject to the changes that were approved ùt the last hearing. He noted that the other items could ~ addressed when the plan comes bacK from DCA and then could be changed and submitted to DCA again. Mrs. Fitzp~trick stated that upon receipt of the comments from the DCA, the Board is required to hold additional public hearings. She noted that a m9tion is also needed this date to announce the intent to hold additional public hearings which would probably be sometime in November through the end ùf the year. Commissioner Pistor stated that if this road remains in the plan at this time and DCA approves it, it will be difficult to have it removed at a later date. aoO( l1fiw,I313 Page 5 ..........------. , .,.,-,-'--'-"."""..----"-" ._._.~._..__...- aoo( 11ôw.r.314 JULY 26, 1988 Comaissioner Hasse stated that the MPO was in favor of this road and the plan merely designates the area for a potential roadway, adding that it co~~d be removed from the plðn at a later date if it is dcterøined that it is not needed. Comaissioner Hasse .oved that the discussion of the north-south road be continued until November and the plan Þe suÞøitted to DCA in its present fora. Motion died for lack of second. CO8mi8sion~r pistor øoved, seconded by Commissioner Glass, that this aatter Þe discussed Þefore the plan is s~nt to DCA. County Att~rney Cuyler said that this road is already on the maps that will be 1!J'lbmi tted to DCA and they will know that the County hðS considered this roadway and has it in mind for the future, noting that he woul~ suggest that the plan be submitted as it is. Mrs. Fitzp~trick stated that the DCA will not be approving which road segments ~re where, adding that if there is infrastructures in the plan and the County finds through further analysis that it is not needed or it is needed in a different location, it can be changed without DCA approving or disapproving where the roadway is put, Upon call for the question, the vote was 2/2, (Commissioner Hass. and commissioner Goodnight opposed). Mr. William Vines stated that he wanted to speak on the specific road issue that was just voted on, adding that he made a very tech- nically l!Jupported argument against these road links in an area where other roads will serve, He stated that subsequent to the action that pagc 6 - - - '" ,--.---'" .._-_..._~ JULY 26, 1988 was taken, he has s~ert a considerable amount of lime analyzing the development pJ3ns that êre in process between Quail Creek and 1-75 and I~kalee Road and Lee Cvunty line to see how the arterials could be accollUllOðated. He noted that the most difficylt one is the north-south arterial because the property where this roaô would go through is only 1500 feet betw~en 1-75 right-of-way and Quail Creek, He stated that to run a major north-south public arterial through there limits this area for devel~pment to a substantial degree, He noted that usual Iy these roads go along section lines and do not harm the large proper- ties that they go by. fie noted that staff would 1 ike .Hter 1a I highway spacing of 2 mile intervals but in this case, 1-75 is less than a half mile away from the planned arterial Livingston Read Extension and within 200 feet, the plan indicates another arterial roadway. He stated lhat if the County is serious about acquiring this corridor, Staff should b~ directed to identify the specific location and then enter into negrytiations to acquire it so that the value of the right- of-way and the damage that it does to the narrow strip of development land that it g~es through can be determined. He stated that he feels that it would be more l~gical at this time to delete this road if the Bo~rd so desir~s rather than waiting for the plan to come back from OCA. He state~ that he feels that the change is warranted and the sooner, the be~ter. Attorney Bruce Anderson. stated that he is requesting a clari- fication on ac~ion that was taken last week at the night public Page 7 aOQ< 116rp 31,) --- ------"""'... ./ , IOOf; 116 Fl'.{ 316 JULY 26, 1988 hearing with regards to designating the intersection of Vanderbilt Beach Road and Airport Road a5 a future commercial activity center. tie stated that it was his understanding that the vote was to designate this intersection as a future activity center when Vanderbilt Beaçh Road was compj~ted from C.R, 95l to U,s. 41 and not until then, but at that time, it would automatically become an activity center and then the property <-owners would have to come in for a commercial rezoning- Commission~r Glass stated that he made the motion on this subject and his intention was that this would be a future activity center and at the time the road is completed, it will then become an activity center. He stated that he does not understand what the question is. Commissioner Pistor stated that it will not automatically be an activity center, adding that it is designated as a possible future activit - center and it would have to come before the Board for a zoning change at the time that Vanderbilt Beach Road is completed to U.S. 4l. Commissioner Goodnight stated that she understood that it would be classified as a future activity center when the road was completed and then the land owners could come in for a rezone of the property and it would then co~e before the Board. Acting Co~munity Development Administrator Olliff stated that what is proposed i~ that the language says that it is a proposed future location for ~n activity center, but it will have to come back to the Board to be d~signated as an activity center, He noted that if this is not to the agreement of the Board, the language will have to be Page 8 - ... ...... JULY 26, 1988 changed in the plan. Commission~r Glas3 stated that this was not the intent of the motion. He st~ted that his motion was that when this road is completed, it will be an 1ctivity center, and until that time, no com- mercia! zoning can occur there. Mr. Anderson stated that he felt that the motion was that the intersection of Airport-Pulling Road and Vãnderbilt Beach Road is designated as a future activity Center. Upon completion of Vanderbilt Beach Road fro~ State Road 951 to U.S. 41, this intersection shall automatically b~come an activity center. Commissioner Glass moveð, seconded by Commissioner Hasse and carried 4/0, that the language as read by Mr. Anðorson be used to clarity the motion on this matter. Mr. .~derson questioned if there is a change made later regarding the north-south road issue, will it ha~e to go back to DCA for review and approval, to whíçh County Attorney Cuyler stated that at this point, Staff intends to send all changes back to DCA because they want to make sure that all changes are approved as well, but this is one item that there should not be any concern about one way or the other. Mr. Anderson stated that his client is the affected property owner with regards to the property that will have this north-south road and questioned if a plan is brought in showing development in the corridor will it be con~istent or inconsistent with the Comprehensive Plan at Page 'J &OD.: 116 PAr.! 317 .. .."."'"-"-_._"".-~.._.__...-.. ; ,¡¡O( 116 H'J. 318 -, JULY 26, 1988 this time? County Attorney Cuyler stated tha~ his opinion is that if development is shown yithin the corridor, it will be inconsistent with the Comprehenaive Plan. Attorney ^nderson questioned if the specific corridor would have to be shown down the middle of the property, to which County Attorney Cuyler stated that the Comprehensive Plan shows generally, within limits, where the road is supposed to go. He noted that between the Transportation Department and the Developer, there is going to be a give and take ~nd realignments of roadways. Commissioner Glass moveð, seconded by Commissioner pistor and carried 4/0, that Resolution 88-163 approving the Growth KanageQent Plan ~o~ tran~mittal, as amenðed for clarification, Þe aðopted. Commissioner Pistor .oveð, seconded Þy Commissioner Hasse and carried 4/C, that the Chairman Þe directed to sign the transmittal letter to DCA pursuant to Rule 9J-11.004, F.A.C. Commissioner Glass moveð, seconðed by Commissioner Hasse and carried 4/0, that the Boarð announcos its intention to hold and aðver- tise at least one aðditional public bearing prior to adoption of the Growth Management Plan. Page 10 - - - - _...............,~........._... 100< 116 PI'~ 324 JULY 26, 1988 Ite1l1 UB2 ORDINANCE 88-60 RE PETITION R-88-3C, CRAIG SMITH, REZONE FROM A-2 TO "RO" FOR A SPO1'lTS FACILITY FOR PROPERTY ON THE NORTH BIDE OF PINE RIDGE ROAD - ADOP'lfD Legal notic~ having been published in the Naples Daily New3 on June 24, 1988, ~s evidenced by Affidavit of Publication filed with the Clerk, public h~aring was opened to consièer Petitio~ R-88-3C, filed by Craig Smith requesting a rezone from A-2 to RO (Recreation & Open Space) for a sp~rts facility for property located on the north side of Pine Ridge Roarl, approximately 1,000 feet west of Livingston Road in Section 12, Tow~ship 49 South, Range 25 East, ! 2.8 acres. Planner Nadeau stated that this request Is a companion to Item 781, which is Provisional Use 8B-8C. He noted that lands to the north are zon' :2 A-2 with a provisional use for a school; lands to the east are zoned A-2 PST-; lands to the south, across Pine Ridge Road, are zoned A-2 and A-2 -ST"; lands to the west are ¿oned A-2 with a provisional use for a school; and further west across the school access road lan~s are zoned PUD. He indicated that the majority or the surrounding lands with the exception of the Community School of Naples are undeveloped. He stated that Staff reviewed both requests; for the rezone ~nd for the provisional use, and have found them to be in compliance with the Comprehensive Plan based on the analysis con- tained in .4 of both staff reports. He noted that the rezone and the provisional use will allow the petitioner to construct and operate a dance and gymna~ium ryn the subject property for infants to adults and Page 11 - - - - .-....--........,.- "00"" JULY 26, 1988 will al~o provide physical education to a . Imber or private schools. He noted that the building will be an 18,000 square foot two-story structure and Statt I~ requIring outferlng on the western and eastern bounda~y ~o that any fu~ure development will be buffered from the activities on this site. He noted that all appropriate agencies revie~ed these p~tItions and have no objection to approval. He indi- cated that the CCPC held their public hearing and forwarded these petitions to th~ Board with a recommendation of approval subject to the stipulations. He noted that they also rec~mmcnd approval of the pro- visional use ba~ed on their findings of fact. lie stated that no public comment ~as made and no correspondence has been received for or against these p~titior 5 and, therefore, Staff is recommending approval subject to the ~tipulations contained in the staff report. co..issioner Glass moved, seconded by Commissioner pistor and carrieð 4/0, that the puþllc hearing be closed. co~.issioner Glass moved, seconðeð Þy Commissioner Pistor and carried 4/0, that the Orðinance as numbered and titled below Þe adopted suÞject to the Petitioner's Agreement and entered into Ordinance Book No. 31: ORDINANCE 88-60 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OfFICIAL ZONING ATLAS MAP NUMBER 49-25-l, BY CHANGING THE ZONING CLASSIFICATION OF TilE HEREIN DESCRIBED PROPERTY LC-CATED ON TilE NORTH SIDE OF PINE RIDGE ROAD, APPROXIMATU,y 1,000 fEET WEST Of LIVINGSTON ROAD IN SECTION 12, TOWNSHIP 4)1 SOUTH, RANGE 26 EAST, 2.855 ACRES, FROM A-2 TO RO; AND BY PROVIDIHG FOR AN EffECTIVE DATE. Page 12 tOOK 116 PJ'.~ 325 --- ._,-------""._,,'. ,.', ........"...","'",-""",-, ~ 116 FI'.: 326 JULY 26, 1988 Itea 17B1 REBOLOTIOK 88-~ RE PETITIOK PU-88-8C, CRAIG SMITH RE PROVISIONAL USE "0" OF T1{E "RO":ZOlfIKG DISTRICT FOR A SPORTS FACILITY FOR PROPERTY LOCATED OK THE !.oRTH SIDE OF PINE RIDGE ROAD - ADOPTED SUBJECT TO PETITIOKER'S AGReEMENT Commissioner Glass moved, seconded by Commissioner Pistor and carried 4/0, th~t Resolution 88-~4 re Petition PU-88-8C, be adopted subject to tho Petitioner's Agreement. Page 13 - - - JULY 26, 1988 Itea 16B6 ORDIKANCE 88-61 pæ PETITION R-87-30C, NENO J. SPAGNA, REPRESENTING LAWREBCE P. BABIK, REZONE FROK 1.-2 TO C-4 FOR PROPERTY ON THE NORTH SIDE OF U. S. 41 - 1\DOPTED BUDJECT TO rJ'.:'.:.':IT:I~~~~r.' ~ ::'.C~~:~~:~ Legal notice havin~ been published in the Naples Daily News on June 24, 1988, as ~videnced by Affidavit of Publication filed with the Clerk, public h£cring was opened to consider Petition R-87-30C, filed by Neno J. Spagna, representing Lawrence P. Basik, requesting a rezone from A-2 to C-4 and C-5 for property located on the north side of U.S. 41 approximately 3-1/2 miles southeast of S,R. 951 in Section 18, Township 51 South, Range 27 East, 8.24 acres. Planner Weeks stated that this is two sepLrate tracts of land; one is from A-2 to C-4 for 4.3 acres and the other is A-2 to C-5 for 3.91 acres for commercial uses permitted in those districts. He stated that this petition was previously heard by the Board on January 12, 1988, a,d a motion to deny the petition failed 2/3 and a motion to approve it failed 3/2; therefore, on February 2, 1988, the petitioner requested this item be reconsidered by the Board and in accordan~e with the Zoning Ordinance, the Board waived the 12 month time limit .~ directed Staff to advertise this petition again. He noted that lands to the north are ~oned -I" Industrial and TTRVC; lands to the east are zoned A-2; lands to the south, across U.S. 41 are zoned A-2; and lands to the west are zoned HIL- and -I" Industrial. He noted that lands to the north are utilized for a cement batch plant, borrow pits and the remaining lands are vacant and undeveloped; lands to the east are aGO( 11Ô".~j 3J3 Page 14 ..".....-.."'... ..._,~... .* l1ôf'~'~334 JULY 26, 1988 fallow agricultural fields; lands to the south, across U.S. 41, are active agricultural lands; and lands to the west are vacant and unde- veloped. He reported that the subject property is designated as Urban on the future Land Use Map and the parcels meet the minimum number of points required for a commercial rezone under the point rating system if central water and sewer are provided. He stated that the request to rezone the 8.24 acres will be analyzed on each parcel. He indi- cated that Parcel -^- is for 4.3 acres and a request from A-2 to C-4. He noted that the comprehensive plan allows for C-4 type uses to be located in community commercial nodes, but the proposed site is not within a designated community commercial node and, therefore, the C-4 zoning does not coMply with the comprehensive plan. He stated that Parcel BH is for 3.94 acres and a request to rezone to the C-5 district, adding that the Comprehensive Plan states that there are numerous small parcels of industrially zoned lands in the County which are not so designated on the future Lanå Use Map. He stated that Parcel -B- has access to U.S. 41 and is adjacent to existing industrial zoning on the north and -IL" zoning to the west. He reported that the traffic circulation pattern is internal and the infrastructure is pro- vided, therefore, an expansion of the Industrial zoning would be con- sidcred in compliance with the Plan. He noted that the C-5 Commercial/Industrial District has been interpreted to be perIni tted within the industrial land use designation and could be considered in compl í.~nce as well. He stated that in reviewing the standards of Page 15 - - - - - - JULY 26, 1988 Section 14.4 of the Zoning Ordinance, Staff feels that there is suf- ficient justification for the Staff's basis for denial. He stated that Staff and all apprcpriate County agencies reviewed this petition and with the exception of the planning staff, had no objection to its approval. He indicated that the CCPC held their public hearing and forwarded this petition to the Board with a recommendation of approval based on a 5/3 vote, subject to stipulations. He further noted that there was no public comment for or against this petition at the public hearing and no corr~spondence was received. He concluded by stating that the recommendation is the recommendation of the CCPC which is for approval subject to stipulations as contained in the Petitioner's Agreement. CO. ~ssioner Hasse moved, seconded by Commissioner Pistor and carried 4/0, that the public hearinq Þe closed. commissioner Hasse moved, seconded by Commissioner pistor and carried 4/0, that the Ordinance as numbered and titled below be adopted subject to the Petitioner's Agreement and entered into Ordinance Book No. 31: ORDINANCB 88-61 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 51-27-4 BY CHANGING THE ZONING CLASSIFICATION OF TIlE HEREIN DESCRIBED PROPERTY LOCATF.D ON TIlE NORTH SIDE OF U.S. 41 APPROXIMTELY 3-1/2 MILES SOUTHEAST OF S,R. 951 IN SECTION 18, TOWNslIIP 51 SOUTH, RANGE 27 EAST, 8.24 ACRES fROM A-2 TO C-4 AND C-5; AND BY PROVIDING FOR AN EFFECTIVE DATE. &OOK l1ô Pl<;r 335 Page 16 aGO« 116 f1'). 3"36 JULY 26, 1988 Itea 16B8 , t6C7 ORDINANCE 88-62 RE PETITION PDA-87-11C, CHARLES E. TURNER, REPRESEIf'l'ING WEST-:-"fGHOUSE COMMUNITIES OF NAPLES, INC., REQUESTInG AN AHENDKENT TO THE PELICAN BÞ.Y PUD TO PERKIT GOLF COURSES IN RESIDEnTIAL AREAS SUBJECT TO SITE PLAN APPROVÞ.L AnD DETERKINÞ.TIOK THAT NO SUBSTANTIAL DEVIATION EXISTS - ADOPTED Legal notice having been published in the Naples Daily News on June 24 and July 10, 1908, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PDA-87-1IC, filed by Charles E, Turner representing Westinghouse Communities of Naples, Inc., requesting an amendment to the Pelican Bay PUD to permit golf courses in residential areas subject to site plan approval and to determine if a substantial deviation exists. Planner Weeks stated that the objective of this petition is to amend tt ~ Pelican Bay PUD document by providing for additional uses and by clarifying parking requirements, specifically that all parking requirements not listed in the PUD document will be as listed in the Zoning Ordinance. H~ noted that the other amendment is to allow for golf courses, practíçe driving ranges and other customary accessory uses related t? golf courses to be permitted subject to site plan approval in any of the areas within the PUD that is designated resi- dential. He noted that Staff is recommending approval and the CCPC unanimously recommended approval. He noted that he received five "Let- t~rs of No Objection~ and one letter simply requesting additional information. He noted that there is also a companion item to this petition which is Itrm .6C7, and it needs a separate vote to determine if Pðge l7 - - -- --_.~-_.- JULY 26, 1988 a substantial deviation exists. lie noted that the Regional Planning Council as well as th~ Florida Department of Community ^ffairs has reviewed this proposed ðmcndment and has determined that it does not constitute a subst 1tial deviation and Staff's recommendation is also that it does not constitute a substantial deviation. c088issioner Pistor moved, seconded by Commissioner Hasse and carried 4/0, that the puþlic hearing be closed tor PDA-87-11C, and the co.panion substantial deviation. commissioner pis tor moved, seconded Þy Commissioner Hasse and carried 4/0, that the Ordinance as numbered an~ titled below be adopted subject to Petitioner's Agreement and entered into Ordinance Book No. 31 and that it Þe determined that no substantial deviation exists: ORDINANCE 88-62 AN ORDINANCE AMENDING ORDINANCE 77-18, THE PELICAN DAY PLANNED UNIT DEVELOPMENT ORDINANCE, BY ADDING GOLF COURSES, PRACTICE DRIVING RANGE AND OTHER CUSTOMARY ACCESSORY USES RELATED TO GOLF COURSES TO SECTION 4.03B,2; 503D.2; 6.038.2; 7,038.1 AND BY ADDING PARKING LANGUAGE FOR USES OTHER THAN DWELLING UNITS TO SECTIONS 4.04.07; 5.05.06; 6.04.06; 7,04.06; AND BY PROVIDING AN EFFECTIVE DATE. 100.: 116 PAr.! 337 Page: l8 '00( 116 'YJ. 340 JULY 26. 1988 Itea "Cl RESOLUTIOK 88-165 RE PETITION AV-88-013, COMMERCIAL DEVELOPMENT COMPANY, AS PETITIONER, RE VACATION OF THE SEVEN AND ONE HALF FOOT SIDE EASEMENT ON LOT 11, BLOCK 42, NAPLES PARK, UNIT 3, SO PETITIONER MAY BUILD ACROSS T~ERIOR SIDE LOT LINES - ADOPTED Legal notice having been published in the Naples Daily News on July 10 and July 17, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition AV-88-013, filed by Commercial Development Company, requesting vaca- tion of the seven and one half foot side easement on Lot II, Block 42, Naples Park, Unit 3, so petitioner may build a~ross interior side lot lí nes . Engineering Director Ituber stated that this petition is a request to vacate a 7-1/2' side easement in Naples Park so the petitioner may build a=ross interior lot lines. He stated that HLetters of No Objec- tion- have been received from all pertinent utility companies, and the Water Management Advisory Board has administratively approve this petition and the Engineering Department has determined that the ease- ment is not required for drainage purposes. He noted that it is being recommended th3t the Board of County Commissioners approve this peti- tion and authorize the execution and recording of the resolution. Commissioner pistor moved, seconded by Commissioner alass and carried 4/0, that the public hearing be closed. commissioner pistor moved, seconded Þy Commissioner Glass and carried 4/0, that Resolution 88-165 re Petition AV-88-013 be adopted, executed by the Chairman and recorded Þy the Clerk. Page 19 .. - - UQ( 116FJ:l342 JULY 26, 1988 It.. t6C2 RESOLOTIOK 88-166 RE PETITIOM AV-88-017, CLYDE C. QUINBY AND PATRICIA WILKISON, REPRESENTED BY WILLIAM MCANLY, REQUESTING VACATION OF THE 5' SIDE EASEMENTS ON -~T 73 OF QUAIL HOLLOW, SO PETITIONER HAY BUILD ACROSS INTERIOR SIDE LOT LINES - ADOPTED Legal notice having been published in the Naples Daily News on July 10 and July 17, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was cpened to consider petition AV-88-017, filed by William MeAnly, representing Clyde C. Quinby and Patricia Wilkison, requesting vacation of the five foot side easement on lot 73 of Quail Hollow, 50 petitioner may build across interior side lot lines. Engineering Director Huber stated that this is a request to vacate a five foot side easement in order for the petitioners to build across the int~~ior side lot lines, He stated that "Letters of No Objection" have been received from pertinent utility companies and it has been determined that the easement is not required for drainage purposes. He noted that staff is recommending approval of this petition and also requesting that the execution of the resolution by the Chairman and the recording of same by the Clerk. commissioner Glass moved, seconded by Commissioner pistor and carried 4/0, that the public hearing be closed. commissioner Glass moved, seconded Þy Commissioner pi.tor and carried 4/0, that Resolution 88-166 re Petition AV-88-017, be adopted, executed by the Chairman and recorded by the Clerk. Page 20 - - - -...-,--.--. . ~""'--'- _m__"-'---- . -.....,- ~¡W; 116 n',t 34.4 JULY 26, 1988 Itea "C3 RESOLUTION 88-1'7 RE PETlrION AV-88-014, GULF HARBOR JOINT VENTURE, REQUESTING VACATION OF THE PLAT OF LAGO MAR PARX SO PETITIONER MAY REPLAT - ADOPTED Legal notice having been published in the Naples Daily News on July 10 and July 17, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition Av-88-014 filed by Gulf Harbor Joint Venture, requesting vacation of the Plat of Lago Mar Park, so that petitioner may replat. En9ineering Director Huber stated that this request is so that the petitioner may replat, adding that -Letters of No ObjectionH have been received and all necessary agencies have recommended approval of this peti lion. He noted that Staff recommendation is that the vacation of the plat be approved and that the Chairman be authorized to execute and the Clerk to record same, Comaissioner Pistor moved, seconded Þy Commissioner Glass and carried 4/0, that the public hearinq be closed. commissioner pis tor moved, seconded by Commissioner Glass and carried 4/0, that Resolution 88-1'7 re Petition AV-88-014, be adopted and the Chairman be authorized to execute and the Clerk to record said resolution. Pðge 21 - - - UO( 116 f1'J. 34.6 JULY 26, 1988 Itelll .6C4 PETITIOB AV-8S-015, Q. GRADY MINOR AND ASSOCIATES, REPRESENTING CHAMPAGNE BOILDERL INC., REQOE&TING A VACATION OF A PORTION OF THE DRAIKAGE EASEMENTS LOC~TED ON THE PLAT OF RIVIERA COLONY GOLF ESTATES TRACT HAP SO PETITIONER KAY REPLAT - CONTINUED UNTIL PETITIONER COKES BAC~ WITH PLAT APPROVAL Legal notice having been published in the Naples Daily News on July 10 and July 17, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition Av-88-Cl=, filed by Q. Grady Minor and Associates, representing Champagne Builders, 'Inc. requesting a vacation of a portion of the drainage easements located on the plat of Riviera Colony Golf Estates Tract Map so petitioner may replat. Engineering Director Huber stated that this petition is to vacate a portio~ of certain drainðg~ easements on a tract map to eliminate conflicts with the proposed plat of Tract "0- on the subject tract map. He stated that he received -Letters of No Objection- from all pertinent utility companies; the Water Management Advisory Board administrati- vely approved the petition; ~ngineering Departm~nl has determined that the vacation of these easements will not effect the proper drainage of the area, and it is, therefore, recommended that the Board approve the vacation of the subject easements and execute and record the resolu- tion. In answer to Commissioner Hasse, Mr. Huber stated that these par- ticular drainage easements that exist on the tract are not serving any drainage purpose at this particular time. lie noted that when they Page 22 - - - . ~._, ,."","-'.""""" JULY 26, 1988 come back with the proposed plat, they will be putting drainage struc- tures in, but at the present time, they serve no purpose and are not providing drainage for the area. He stated that the proposed ease- ments to be vacated will be noted on the plat that has be~n submitted for approval. He .ot~d at the time of plat approval, the drainage of the proposed development will have to be accommodated. Commissioner Hasse questioned if there would be any type of hardship for the people on other lands in the area if these drainage easement 3 are blocked off, to which Mr. lIuber stated that the easc- ments will not be blocked off and nothing is being changed physically because there is no drainage facilities there at the present time. He noted that the proposed plat will have drainage structures that will dump into a drainage easement, then go to the FP&L easement and eventually down through Queens Park with the ability to go to U.S. 41. Commissioner Pistor stated that the whole purpose of asking for these amendments is so the area can be replatted and in replatting, new drainage areas will be put in. He stated that this is a matter of correcting what was originally started and hopefully improve the situation. Hr. Grady Minor, representing Champagne Builders, stated that when this area waS originally platted, there were three drainage casements that went from the golf course to the perimeter of the ~ubdivision, which includes a large perimeter drainage swale. lie stated that he proposes to vacate the three existing drainage easements which have no Page 23 )cO( 116~',!347 ._., ---..--.'-"'" . . ....._. ..--.---.---.-." ...._-_.__._--_._.._._--~._......, . &011( 116 Plr.t 348 JULY 26, 198B drainage structures in them and then come back with six drainage ease- ments with catch basins and pipes that will convey the water from the streets into the golf course areas and into the lakes. Be indicated that the perimeter drainage swale that exists was platted on the east line and is approximately 1,300 feet long, adding that for about 900 feet of the 1,300 reet, it is 25 feet wide and then at th~ south end it widens up to 40 feet wide. lie noted that his request is to vacate the westerly 15 feet of that 40 foot wide drainage easement on the peri- meter so that it would be a consistent 25 feet all the way through. He statr. i that also,' as part of the design plans that were approved by the Engineering Department, he proposes to reconstruct the swale to make it larger to be assured that there is the same hydrologic capa- city in the 25 feet wide strip as there was in the 40 foot strip. stated that the purpose of this request is to relocate these easements so th3t they line up with the development lot lines, Mr. Roger Smith, 5501 Cynthia Way, referred to a map that was done of the total area that was prepared by Bruce Green & Associates in 1981 and it was studied under flooded conditions. He stated that his house is adjacent to the drainage ditch and adjacent to the 40 foot easement that is being asked to be vacated. He indicated that on numerous occasions, this ditch has exceeded the bank. He referred to Page 2 of the study which was presented for the record, noting that it indicates that the water flowing into the perimeter drainage ditch along with the water from the surrounding area south which is Lake Page 24 - - - He --.,-.--......- ,"-----_.".,..., ,... ..,.. ...--..........-, - - - JULY 26, 1986 Champagne has caused flooding into the southern portion of the studied area which is his residential area. He noted that this area has always been the suoject of flooding in the past because the perimeter drainage ditch is not of sufficient size to handle the flow from County Barn Road, adding that this perimeter ditch was designed to flow from the northeast corner of Riviera Golf Estates to County Barn Road as a diversion ditch, He noted that it was originally designed to flow opposite of what it actually flows, adding that it was designed to flow south and then east, but when it was completed the natural flowing water went west. He noted that according to the County Engineer in 1981, this ditch was never approved nor was the development at the time that the ditch was dflg. He indicated that this has been an on-going battle of flooding. He noted that the study shows that the ditch is insufficient and also that any water south of his property drains onto his property. He stated that the lakes that the water is g~ing to go into are maintained at such a high level that during the rainy season these lakcs overflow the banks, adding that he does not feel that this drainage that is being proposed by Mr. Minor will work. He indicated that the easements that are going to be vacated have to be vacated in order for them to build a building there. He stated that the ditch will also have to be filled in to a certain degree to fit the building on this area. He noted that there are three models in this development; one model will not fit on any of these lots along the easement because it is too larg~; the second 608'; l1ôw~ 349 Page 25 '._0'-_- \00( 116 f1'.J. '350 JULY 26, 1988 model will be 6 inches from the allowed buildable front and rear setback; and the third model will be 18 inches from the setbacks. He noted that the water from 50\ of the lots will be running into this drainage ditch and in 1981 at the end of this study, it was noted that developers were trying to take care of the flooding prcblems, but they still ex' st. He noted that the aquatic growth in the ditches is a problem and has to be maintained by the County or the water will not flow and they will run over the banks. He noted that the proposed villas will be putting more water into this perimeter ditch that is already OVEr maximum capacity. He stated that the fill has been increased on the west side of these easements by 30 inches in height, adding that when the water exceeded the banks before, it went both ways, but in this case, he will be receiving 100\ of the water th~t is overflowing. He indicated that he was told that the water will go through the culvert systems, but in order for that to happen, there will have to be excavation of almost 2 feet in order for these culverts to work because of the existing grade of the ground and the existing inverts of the culverts. He indicated that he has a life savings invested as well as other people on his street and he does not feel that this drainage plan will be sufficient. In answer to Commissioner Hasse, Mr. Huber stated that it ini- tially flowed the wrong w~y but was corrected after the study was done. Hr. Smith stated that when the developer originally dug the ditch, Page 26 - - - -'-'. - - JULY 26, 1988 it was to flow toward County Barn Road, but when it was complete the water flowed to the we~t and the ditch has always been insufficient in size because the a"..,unt ')f water coming from County Darn Road was never taken into con3ider3tion. Mr. Huber stated that he believes the drainage calculations for this particular development will not adversely effect the existing drainage there. Mr. Minor stated that there is no intention of harming the area with drainage, adding that he is willing to get together with Mr. Huber, Hr. Boldt, and Mr. Smith to look at the weirs downstream that is beyond the scope of his project. He stated that what is being discusse~ in this petition is 15 feet of a 40 foot wide drainage ditch, adding that he is going to make the drainage ditch larger. noted that it will still have 25 feet of width and this was agreed He upon by the County. He stated that the overall drainage plan on this project has already been set and there is a master water management plan and all the finished floor elevations have already been establ ished. Commissioner Goodnight stated that she would like to see this easement approved and then direct Staff to work with Mr. Smith and Mr. Grady and come back with a full report to the Board as what is going to be done to the property and how it will improve the drainage. Mr. Huber stated that even with the vacation of these existing easements, there will be additional easements provided at the time of Page 27 ;; 11S~:..,35! 'QQ( 116 n'.t 352 JULY 26, 1988 plat approval and it should be thoroughly investigated before that plat approval takro place which has to come back for Board approval. Commissioner Pistor stated that it appears that part of the plan is to aód the drainage easements and cause the water to drain into the golf course away from the drainage ditch. Tape f2 Mes. Jackie Fleming, 5549 Cynthia Way, stated that shortly after she moved into her home, she had 18 inches of water in her backyard. She noted that after the study was done and presented to the County, the residents were finjlly given some relief, but it took 30 days for that water to go down. She stated that 3 times in the past 7 years that she has lived on this street, it has been unindated with wðter, which is not healthy. She noted the people that Ii ve on this street have their own water systems and septic tanks dnd there are problems when the water gets too high. She stated that if this developer is allowed to fill in 15 feet of this ditch, it is only going to create more problems for the area with regards to drainage. Commissioner Pistor stated thðt he would like to suggest that this item be continued until it is seen what positive effortz are going to be made to change the flow of water and correct the problems that seem to exist. He stated that these easements may be necessary and he would like to see this continued for a while. Mr. Hu~er stated that he would suggest that it be continued until the plat is brought in for approval. Page 28 - - - JULY 26, 1988 commissioner Pistor moved, seconded by Commissioner Hasse, that Pwtition AV-88-01~ Þe c~ntinued until the plat is Þrought in tor approval. In answer to Com~issíoner Hasse, Mr, Minor stated that the ditch is not physically in the legal easement as it meanders and it is more to the ~est than it should be, adding that the ditch is going to be put back in the 25 foot wide legal easement, He noted that the ditch will be made deeper and the side slopes will be done on a 3 to 1 slope. He noted that this has been approved by the Water Management Department, adding that the developers will actually be creatinJ a larger hydraulic capacity than what presently exists. He noted that the County will still maintain the slopes and the easement. Commissioner Glass stated that when this petition comes back, it should have the location of the water flows, the impact, and the changes. Mr. Minor stated that these matters will be integrated in the master plan of the area and these problems will be resolved so that the people in the area will be comfortable. . He noted that they have some big problems that the developer did not create, but he will be pleased to work with them. Mrs. Fleming stated that she was not notified of this hearing and would request that all the people on the street be notified, to which Mr. Huber stated that he would notify all the residents in the area. Page 29 lOOK 116 PA';{ 353 ---'._"._.~.-.-... ~QO( 116 FA';! 3"54 JULY 26, 1988 Upon call for the question, the motion carrieð 4/0. .** Rece..: 10:50 A.H. - Reconvened: 11:00 A.H. at which ti.e Deputy Clerk Hottman replaced Deputy Clerk ~enyon *** Itell "cs JOINT RESOLUTION ~:. 88-16S/HWS 88-4, MARCO W~TER AND SEWER DISTRICT PHASE II SEWER IMPROVEMENTS AND CONFIRMING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL - ADOPTED AS AMENDED Legal notice having been published in the Naples Daily News on July 10, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Marco Water and Sewer District Phase II Sewer Special Assessment "District, confirming the preliminary assessment roll as the final assessment roll. Utilities Administrator Crandall stated that request is being made to confirm the preliminary assessment roll for the Marco Water and Sewer District Phase II Sewer Special Assessment District, noting that a minor adjustment has been made to the Resolution that was brought before the Board last month, specifically that the total project cost was noted at Sl,747,731.86, with a front foot assessment of $32.0479, which has been changed to reflect the total project cost being Sl,790,656.42, resulting in a front foot assessment of $32.8350 per foot. Utilities Engineering Director Temby advised that there are 666 total properties involved in the assessment, noting that on April 15, 1986, ð public hearing was held, ordering construction of the pro- ject. He stated that the Marco Phase II Sewer Service Improvement Page 30 .. .. - "'~-'..."..._,............-.._-".._"","-,,~ -_..-,.. -..-. -"--""-""""-- .----.. JULY 26, 1988 District has been constructed and was pl~ced into service in ^rea HN" - March 10, 1987; ^rea "Ç- - May 12, 1987 and ^rea HOH - September 22, 1987. He indicated thal notices were sent to all property owners immedia~ely following acc~ptance, notifying them to connect to the sewer system, adding that they were given 90 days to do so. He noted that the methodology used in determining the front footage was the same as that used in the Marco Phase I project. Mr. Ferman Diaz, of Wilson, Miller, Barton, SoIl & Peek, Inc., explained the methodology in determining the assessable front footage. Mr. Sal Sciarrino, Montego Court resident, stated that he feels the method of assessment is not fair, noting that his front footage is assessed at $2,000 more than his next door neighbor. He added that he feels that the total project cost should be divided equally by the 666 benefiting properties. Mr. Chalres sahler, Meadowlark Court resident, replied that his objection to the assessment is much the same as that of the previous speaker. lie noted that all the frontage of the lots on his street are 100', acknowledging that his back line is somewhat ~onger, but that his use of the sewer will be the same as his neighbor's, therefore, he does not feel the method of assessment is fair. Mr. Crandall stated that the argument of one service to each lot is a legitimate one, but advised that the larger properties will be paying larger taxes. Commissioner Hasse noted that he feels a more equitable way to Page 31 !OO« 116 PAr,~ 3"55 ..----.---.--, , _._.~.,._c. ....'.---..-,---.-..-..-.....-,.-.-. '---,- agO( 116 F1';~ 356 JULY 26, 1988 calculate the assessment would be to consider the total number of units involved, the total project cost, number of sinks, basins, toilets, etc. Mr. Crandall ~ Jvi3ed that the per toilet use is reflected on the monthly billing, adding that the issue is whether front footage should be charged, or the average on some mid point on the lot. Commissioner Glass noted his concern being a lot with a frontage of 100', with 100' of pipe, and questioned the double burden as stated by the two property' owners? Mr. Crandall reviewed the tax roll, advis~ng that Mr. Sciarrino's neighbor's frontage is 80', adding that Mr. Sciarrino's frontage can- not be more than 120', noting that there may be a problem in the roll. Commissioner Glass suggested that all surrounding lots be reviewed and ver if ied. Mr. Crandall concurred, adding that this will be done. Commissioner Pistor stated that if the total project cost was divided by the 666 properties, the assessed amount per property would be quite low, in comparison to some of the higher assessments that have been calculated. He questioned where the lower asDessed proper- ties are located? Mr. Crandall replied that the vast majority of the assessments are in the $2,600 range, adding that there are lower assessments which comprise condominiums and lakefront commercial along the Highlands area. He noted that to equalize the assessments, would increase those properties dramatically. Pa~e 32 - - - ".---....,........ ....-.--,...--. ..-.--,.-..-. "'" -...--,...,,-...,---..--.----...... ..--... JULY 26, 1988 Mr. Sahler stated that two years ago when subject matter was brought up, he sent a letter to the Board of County Commisaioners, advising that he underst~od the effluent line difference in cost, regarding his lot, but he did not understand any other difference. Commissioner Pistor questioned the method in which commercial properties were assessed? Mr. Diaz replied that the commercial properties were assessed in the same manner as the rectangular lots. Co..J.sioner Glass moved, seconded Þy Commissioner Hasse and carried 4/0 to close the puþlic hearing. Comaissioner Glass moved, seconðed Þy Commissioner Hasse and carried 4/0, that joint Resolution No. 88-168/HWS 88-4, be adopted with the total project cost amended to reflect $1,790,656.42, resulting in a front toot assessment of $32.8350 per toot, and that Staff re-verity with any affected property owners that there is no ine- quity OD this system, as what was adopted two years ago. For the record, County Attorney Cuyler advised that for purposes of the Resolution, the Board of County Commissioners is acting in capacity as the governing board of the Marco Water and Sewer District. Page 33 tOOK 116 p~'.! 3'57 --..-....- IOOC 116 Fl'.1. 362 JULY 26, 1988 It.as 16C9 , 6CI0 DISTRI~;~ 1 , 2 - EAST AND SOUTH NAPLES SANITARY SEWER SYSTEM - TENTATrTE APPORTIONMENT OF COST OF ASSESSABLE IMPROVEMENTS FOR THE SPECIAL ASSESSMENT DISTRICT - CONTINUED TO AUGUST 30, 1988 Legal notice having been published in the Naples Daily News on July 7, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Districts I & 2 - East and South Naples Sanitary Sewer System - on tentative apportionment of cost of assessable improvements for the special assessment district. Vice-Chairman Goodnight noted for the record, that the Board of County Commissioners is acting in the capacity.as the governing board of the Collier County Water-Sewer District. Assistant Utilities Administrator Arnold stated that Items #6C9 and 16CIO will be heard concurrently, since today's public hearing is a continuation of that held on June 13, 1988. Hr. Arnold advised that Staff is anticipating that approximately $4.5 million will be received in grant monies, adding that it will not be finalized until an offer has been received from the State. County Attorney Cuyler stated for the record that the Board is being presented with four documents for approval. He advised that the pr~vioYs public hearing has been continued until today, adding that there is separate advertisement for properties to be included in the Special Assessment District. He advised that two of today's documents are for the purpose of amending the two original Resolutions which created this District, thus amending to includ~ the additional proper- Page 34 - - - . '" ".., ......."" ._, JULY 26, 1988 tles that were not previously incluåad in the district; the lasL LWQ documen'.~ are substitutes for the doc~ments contained in the agenda packet, which will confirm the original Resolutions as amended by the first two. He noted that the Board is in a continued public hearing, in addition to a nC'4 public hearing that has been appropriately adver- tised. With regard to previous Board direction, Mr. ^rnold noted that the Windstar Developm~nt and the Tennis Village at Windstar, School Board property, and County-owned property have been added to the assessment roll. Hr. Arnold indicated that the County owns the Windstar property and the plant, and leases same back to them for operation and main- tenance, noting that there are agreements to that effect. With regard to the School Board, Mr. Arnold noted that all school properties have been included, further advising that there are se'..eral parcels throughout the district that are single family lots. He stated that Staff feels that perhaps these could be marketed to indi- viduals for single family or commercial construction, and they should remain on the assessment roll. Tap. 13 Hr. Arnold stated that the East Naples Fire Control District - Station No.2 is on the roll, and does indeed, have an assessment for front footage. Relating to County-owned property, which is under control of the aoo( 116~r.1 363 Page 35 .'.....-- -'.'--'-'-',., aOOK 116 fl'~ 364 JULY 26, 1988 Board of County Commissioners, Mr. Arnol~ indicated that everything within the Distriçt has been included, adding that the Courthouse Complex is served by the City, noting that there are no current plans to chanJe the sewer routing and, therefore, request that the Courthouse not ~ assessed. He stated that the East Naples Community Park and a small neighborhood park in the Coconut Creek subdivision are County Parks and have bean added to the assessment roll. Mr. Arnold indicated that the treatment plant at Windstar has also ~en included, noting that this is owned by the County. He advised that the Windstar Agreement.states that this site will revert back to them when County connection is made. Mr. Arnold stated that numerous letters and phone calls have been received regarding deviations in the footage, parcels that have been subdivided since the assessment notices have been sent out, or pro- perty transfer. He indicated that Staff is requesting that they be directed to revi~w and make determinations regarding the documen- tation, and amend the assessment roll, adding if they cannot be resolved, to the satisfaction of the property owner, they will be brought back to the Board. With regard to deletions from the Assessment Roll, Mr. Arnold indicated that several property owners r~quested that they be deleted for various reasons, specifically Springwood Condominium, which has been approved for connec~íon to the Glades plant, therefore, Staff is recommending that they be deleted, based on service being currently Page 36 - - - JULY 26, 1988 -.._:,.....".. --------- Mr. Arnold noted that the City of Naples requested that their water storage tan~ site on shadowlawn be deleted from the project because ~hey do not have toilet facilities on site, and therefore, will ~d~e no be~efit from a sewer project. He stated that Staff questioned this, and feels that restroom facilities could be added, and thus, the City should remain in the assessment roll. Hr. Arnold stated that Gulf Gate Plaza had also requested deletion fro. the roll, noting that they have been a c~stomer of the City of Naples for 20 years, but Staff feels they should be tied into the existing County sewer lines that serve that project. He stated that he does not believe that Gulf Gate will object to being in the sewer district, but asked if they will be subject to impact fees? Hr. Arnold referred to the time payment of impact fees, noting that motion was made at the last public hearing to spread the payment of 10 years, adding that Staff reviewed previous approvals, and found that the longest period allowed for system development charges was 3 years. He questioned whether a precedent would be šet for long term financing of impact fees, if the 10 year time span is permitted? Hr. Arnold otated that inquiries have been made as to prepayment of impact fees, so that a specific rate is Hlocked in". He advised that Staff feels this should be granted, if paid in its entirety, but only on properties that are already developed. With regard to oroposed surcharges on all County Water/Sewer BOOK 116w~ 365 Page 37 --"""'-"-" -" aGO( 1161'1".r. 3B6 JULY 26, 1988 District ratepayers, Mr. Arnold indicated that one of the key concerns is the environmQntal benefit to all persons j~ the County, by removing health hazards. In addition, he noted that there are still people in North Naples that are paying assessments for sewer in that part of the County, noting that if a surcharge is put on their sewer bills to help subsidize ð project in the South County, there will be repercussions. Hr. Arnold referred to special assessments, noting that the intent is to allow th~ County to assess costs to developments, i.e. mobile home parks, multi-family condominiums, apartment complexes, etc. He advised that many of those are currently served by package plants, but once a County system is available, they should phase out their plant, and lie in to the County system. He further indicated that Staff feels those properties should be subject to the front footage assessment. Mr. Arnold stated that Attachment HD- of his handout, Summary of Possible Adjustments to reduce the Assessments, is a breakdown by assessment district. Hr. Bruce Anderson of Flamingo Drive, indicated that he feels the School Board, like others, should pay their fair share for sewer assessments, adding that neighboring property owners cannot be assessed additional costs for what the School Board doe~ not pay. He noted that the County is under no obligation to provide them service, adding if they refuse to pay, they should be allowed to operate their package plants. Page 38 - - - , -...".--...-.-" JULY 26, 1988 Countv Attornev Cuyler advised that he feels that the School Board should remain in the District. lie noted that untí! hc finds something that indicates otherwise the School Board docs have to agree, in order to be assessed; but, service docs not have to be provided, if they do not agree. School Board Attorney Siesky stated that the single-family lots that the School Board may still own, were acquired through settlements with developers, adding that the School Board should pay those assesslllCnts. He noted that with regard to the School Board property that is being used as a school facility, it is the School Board's position that it is entitled to service without payment of a fee for the following reasons: 1. A 1987 Impact Fee Agreement where the School Board and the County agreed that there would be no impact fees for subject properties, Pump station sites and casements were given in lieu of any and all sewer impact fees claimed, or which may be claimed. 2. Fairness Reason - The School Board has given pump station sites and easements, for the County Water Sewer District for all school properties to be serviced, with no charge to the County. All property owners in th~ area, benefited from this. Statute - 235,26 states that the School Board cannot be charg~d an impact fee, or service availability fee. In addi- tion, over the next 5 years, the School Board ~ill be entering into 5100 million in capita! improvements to house the students. 3. In answer to Commissioner Pistor, Mr. Arnold stated if the School Board is not aBBesse~, it is not appropriate to pass these costs on to the remaining owners in the assessment District, noting that it pro- Page 39 lOOK l1RNr.~3G7 aoc.: 116 f."~ 368 JULY 26, 1988 bably will be passed on t~ the ratepayers. Mr. John Brugger, representing Moorhead Manor Mobile Home Park, stated concern~ that all the property owners who will benefit from the sewer, pay proportionate charges, adding that the burden should be spread among everyone properly, and lessen the burden on the indivi- dual property owners. With regard to the impact fee issue, he indi- cated that a time payment would be beneficial to many of the low income property own~rs, but'disagrees with the upfront payment to Hlock inH the existing rate. Attorney Brugger referred to the Cricket Lake Apartments, noting that there are 180 units there, and impact fees will be approximately 5250,000. He stated that these apartments are affordable rentals, but the increase in the rents will be from $50-$100 per month, in order to finance the assessment. Mr. Donald Lusk, representing Canta Mar Apðrtments, a/k/a Tennis Village, noted that he has al~o been asked to represent Windstar. stated that he is requesting that today'S public hearing be continued until next week, so that proper responses can be given. He noted that the two subject developments were added to the assessment roll, advising that notices were received 2 weeks ago. He indicated that it was anticipated that these projects would not be a part of the assessment, noting that easements were given freely, therefore, he feels, additional time should be granted, to enable a full discussion. In answer to Commissioner Glass, County Attcrney Cuyler advised Page 40 - - - , --_.__.~_......,,--,- "._---,.. --'-'---~--'- .. He JULY 26, 19B8 ~hat if the BOð:d is inclined to continue this item, the public ~,::::::":.::-:; ..:11 ~1.", ......",ñ t-n hP c-.ontinued. Commissioner Pistor questioned if continuan~e will affect the grant money, ~hich is ant1cipated? Mr. Arnold replied that con- tinuance will not affect grant monies. CoDaissioDer Glass moved, seconded by Commissioner Pistor to con- tinue the public b~~ring until next week. County Manager Oorríll stated the agenda for upcoming Board ~etings already has several scheduled public hearings, including those that have been continued from earlier this morning. ^ discussion was held regarding appropriate continuance date, when all 5 Commissioners would be present. coaaissioner Glass amended his motion to continue this puþlic hearing to August 30,1988. Seconded by Commissioner Hasse. County Attorney Cuyler noted that the continuance will be for the public hearing which was continued for today, as well as the public hearing which was advertised for today, that Windstar was advised of. The aotion carried 4/0. ... Reces8: 1:10 P.M. - Reconvened: 2:is P.M. at which time Deputy Clerk Xenyon replaced Deputy Clerk Hottman *** It.. 171.1 RESOLUTION 88-169 RE PETITION CCCL-88-4C, AGNOLI, BARBER' BRUNDAGE, INC., REPRESENTING COMM'::NS fiR" ASSOCIATION, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION CONTROL LINE FOR PROPERTY LOCATED AT PARX SHORE, UNIT 2, COMMONS "R" - ADOPTED Legal notice having been published in the Naples Daily News on July lO, 1988, as evidenced by Affidavit of Publication filed with the Page 41 aOOK 116ff'.~ 369 .._-_._._,~ .--.. ._---~-_._-_._"."-_.__._._.._.._.... . --.-'-""""""'" 1001( 116 p¡r.{ 370 JULY 26, 1988 Clerk, public hearing was opened to consider Petition CCCL-88-4C, filed by AgnQli, Barber, and Brundage, Inc., representing Commons HR" Association, requesting a variance from the Coastal Construction Control Line for ~ '~perty located at Park Shore, Unit 2, Plat Book 8, Page 55, Collier County, Florida, Commons HR". Mr. Keith Edwards of the Natural Resources Management Department stated that this petition is to allow the construction of two elevated walkways, and limited sea grape trimming in order to allow beach access. He noted that the NRMD reviewed this petition and examined the site and recommends approval due to the sm~ll impact of the pro- ject. He noted that the trimming of the sea grape will be overseen by the NRMD and the DNR. He referred to the stipulations that are being recommend~d and noted that they will be includ~d in the resolution, if approved. CO88issioner Glass moved, seconded Þy Commissioner pistor and carried 4/0, that tbe puþlic hearing be closed. c088issioner Glass aoved, secondeð by Commissioner pistor and carried 4/0, that Resolution 88-169 re Petition CCCL-8S-4C, be adopted. Pa9~ 42 - - - ~Ot 116 n,;~ 378 JULY 26, 1988 Itea 171.2 RESOLUTIO~ 88-170 RE PETITION CCCL-88-8C, WILSON, HILLER, BARTON, BOLL , PEEX, I~C. REPRESENTING ARCHITECTURAL RESOURCES CORPORATION, REQUESTI~O A VARIANCE FROM THE COASTAL CONSTRUCTION CONTROL LINE TO PROVIDE BEACH ACCYQS FOR RESIDENTS OF A PROPOSED CONDOMINIUM (APOLLO) LOCATED OK SOUTH COLLIER BLVD. ON MARCO ISLAND - ADOPTED Legal notice having been published in the Naples Daily News on July 10, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hea~in9 was opened to consider Petition CCCL-88-8C, filed by Wilson, Mil~e~, Barton, Soll & Peek, Inc., representing Architectural Resources Corpo~ation, requesting a 30-foot variance from the Coastal Construction Control Line to allow for the construc- tion of c boardwalk to provide beach access for ~esidents of a pro- posed condominium located on South Collier Blvd., Marco Island. Ms. Andrea Stevens of the Natural Resources Management Department noted th3t the boardwalk will provide access to the beach for a pro- posed condominium on the west side of Collier Blvd. She noted that the total length of the boardwalk will be 40 feet, 30 feet of which will be located seaward of the Coastal Construction Control Line, noted that the dune system in the area is considerably eroded and only a 4 to 5 foot escarpment remains across the prope~ty. She indicated that there are several existing boardwalks along the beach similar in design and length to the proposed struc~ure and NRMD is recommending approval subject to the stipulations as contained in the proposed resolution. Coami8sioner Glass moved, seconded by commissioner Pistor and Page 43 .. - - -""'-'-."-""-'.. "-~--".__.~.., .....-------..---.,-."..,..-.-.-........,--.--- She .. - - JULY 26, 1988 carried 4/0, that the puþlic hearing Þe closed. CO88la.ioner pi. tor .oyed, seconded by Commissioner Haaae and carried 4/0, that Resolution 88-170 re Petition CCCL-88-8C, be adopted. Page 44 lOOK 116f'1~~ 379 .-- "-'. .-."-- ..- - - løøc 116,.!',{ JB2 Itea 17~3 JULY 26, 1988 RESOLUTIOK 88-171 RE PETITION CCCL-88-9C, WILSON, MILLER, BARTON, BOLL ' PEEl:, INC. REPRESENTING ARCHITECTURAL RESOURCES CORPORATION, REQUESTIKG A VARI'~CE FROM THE COASTAL CONSTRUCTION CONTROL LINE TO PROVIDE BEACH ACCE~S FOR RESIDENTS OF A PROPOSED CONDOMINIUM (THE FALLS LOCATED ON SOUTH COLLIER BLVD. OK MARCO ISLAND - ADOPTED Leg~l notice having been published in the Naples Daily News on July lO, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CCCL-88-9C, filed by Wilson, Miller, Barton, SolI & Peek, Inc. representing Architectural Resources Corporation, requesting a 34-foot variance from the Coastal Construction Control Line to allow for the construc- tion of ð boardwalk to provide beach access for residents of a pro- posed condominium located on South Collier Blvd., Marco Island. Ms. Andrea Stevens of the Natural Resources Management Department stated that this petition is the same as the previous petition except that this is for a 34 foot variance and will be located two lots north of the previous petition. She noted that the proposed condominium will be known as "The Falls" and the condominium in the previous peti- lion will be known as HApolloH. She noted that she recommends appro- val of this petition Subject to the stipulations contained in the proposed resolution. Com=issioner Hasse moved, seconded by Coamis.ioner pi.tor and carried 4/0, that the public hearing be closed. ComAissioner Pistor moved, seconded by Commissioner Hasse and carried 4/0, that Resolution 88-171 re Petition CCCL-88-9C be adopted. Page 45 .. - - JULY 26, 1988 It.. 17"4 PETITIO~ A-88-1 RE APPEAL OF THE PLANNING AND ZONING DIRECTOR'S DECISIOK THAT A P~C~l~_~NAL USE APPLICA~~Uft ~KU~£UVh£ ~D nvi hŸð¡~~D~~ WITHI. 'tJIE LELY S}\REFOO..' BEACH PUD - PLANNING AND ZONING DIRECTOR'S DECISIOn UPHELD Le9~ 1 notice h"'ving br:en published in the Naples Da ily News on July 10, 1988, as evidenced by Affidavit of Publication filed with the r.lerk, public hearing was opened to consider Petition A-88-1 re an appeal of the Planning and Zoning Director's Decision that a provi- sional use application procedure is not available within the Lely Barefoot Beach PUD. Acting Community Development Administrator Olliff stated that this request is to allow a boat dock without a permitted principle use on a lot within the Lely Barefoot Beach PUD. He noted that the petitioner is requesting that he be allowed to use a provisional use procedure that is not outlir-d in the PUD documents. He noted that there are other cpt ions that are available, such as a PUD amendment. He noted that the PUD documents are binding and if this should be approved, it would be setting a precedent for other developers. He stated that he is requesting that the Board uphold the Planning and Zoning Director's decision and agree that ð provisional use is'not provided for in the PUD and that the option available is for the property owner to apply for ð PUD amendment. He noted that the petitioners are Mr. & Mrs. Daniel George. C~~issioner Pistor stated that the Board would be making a big Page 46 aDOK 116 FAt;! 385 ¡a 116 n"~ 386 JULY 26, 1988 mistak~ by approving this petition. He noted that there is a problem that is being litigated on this very issue and if this was approved it would be causing the County further problems. Attorney Leo Salvatori, representing Mr. & Mrs. George, stated that h~ is aware v- t~e litigation that Commissioner Pistor is talking about, but they would still like to proceed with the matter. He noted that the George's own four lots in Lely Barefoot Beach Unit 1, adding that they have entered into a contract to purchase Lot 1 of Bayfront Gardens in order to put a boat dock there so that they can walk across the street from their residence to use the boat dock. He noted that in ord~r for the r,corgc' s to proceed wi th an a:;¡er,dment to the PUD document, it would be very costly and very time consuming for the George's to si~ply have a boat dock. He stated that under Section 7.2 of the z~ning ordinance, a PUD is one of the designated zoning districts and under the provisional use procedures under Article 13, it talks about provisional us~s in zoning districts. He stðted thðt he realizes that PUD's are a little different, but they are nothing more thðn a zoning designation. He stated that he is suggesting that the zoning ordinance allows for provisionðl uses in zoning districts and is requesting a simple use thðt has very little impact. Acting Community Development Administrator Olliff stated that the provisional use is not something that has been allowed in PUD's, adding that if this decision is overturned, then provisionðl use ðpplications could be used in all PUD's, and Staff is not recommending Page 47 - - - '-'~_.'-'-'"'" .._--_._--~---- ,. --....--...........---...-.------...... . JULY 26, 1988 that. coll2i..ioner Ha:;se move<l, ".(;~ll~"': :;'¡ =..=~.::.:::...:::-..:= ~~::.== ::.::~ carrie4 4/0, that the pu.Jllc hearing be closed. co~ission.r Hasse lIIo.,ed, seconded by collllllissioner Pistor and carried 4/0, that the Decision of the Planning and ~oning Director Þe upheld. It.. 17D2 REBOLOTIO. 88-172 RE PETITIO. PU-88-7C, KENO J. SPAGNA, REPRESENTING CEIITRAL CHURCH OF CHRIST, INC. REQUESTING PROVISIONAL USE "A" OF THE "E" ESTl'.T£S DISTRICT FOR A CHURCH ABD RELATED PERMITTED ACCESSORY USES O. PROPKRTY AT '!'HE KE CORll£R OF VANDERBILT BEACH ROAD EXTENSION AND OAJtB BLVD. - ADOPTED Planner Scheff stated that this is a provisional use request for a church ðnd related accessory uses on property located on the northeast corner of Vanderbilt Beach Road Extension and Oaks Blvd. which con- sists of 4.7 acres. He noted that lands to the north, east, and west are zoned Estates and lands to the south across Vanderbilt Beach Road Extension are zoned A-2 and further south is the Vineyards PUD. He noted that this request is in compliance with the Comprehensive Plan and this site appears to be an appropriate location for a church. He noted that the two lanes planned for Vanderbilt Beach Road are currently under construction and are also expected to be expanded to four lanes by 1999. He stated that to mitigate noise and glare impactg upon neighboring properties, Staff recommends a buffer be pro- vided on the north and east boundaries of the parcel. He noted that parking and security lights will be located to prevent glare upon Page 48 tOOl( 116 PI',! 387 ._.....~......__._.. -_. _.... .-.----. --------...- ..-..... aOOf: 11 Ô n? 388 JULY 26, 1988 neighboring properties. He stated that based upon the typically infrequent use of church facilities and with the recommended mitiga- tion ~ðsures, Staff has no objection to the request and recommends approvAl. He noted that the CCPC unanimously recommended approval of this r~quest, subject to amendment of the petitioner's agreement with the deletion of Item HSH and the modification of Item -LH to read that the developer shall provide left and right turn lanes at any ent~ance provided on Vanderbilt Beach Road Extension if required by the Engineering Department. He .noted that two people spoke against this request at the CCPC hearing regarding traffic, buffers, and the use of resideõtial properties for provisional uses. He noted that no correspondence has been received regarding this petition and Staff is reco~nding that this request be approved subject to the CCPC's reco~-,nda t ion. Dc. Heno Spagna, representing the Central Church of Christ, Inc. stated that he has reviewed the requirements of CCPC and Staff and there are no problems with any of the requirements. Hr. Alan Glazier, member of the Central Church of Christ, Inc. stðte~ that he'is requesting approval of this provisional use. stated that they looked for property in order to build a larger He building so that they could have classrooms. He noted that it was deter~ined that this would be a good location. Mr. Richard Braun, President of the Golden Gate Taxpayers Association, stated that they have been totally against provisional Page 49 "- - "-'_'_'d."_._-. - - JULY 26, 1988 uses lor years in Colden Gate and Golden Gate Estates. He stated that a master plan is needed for this area before anything is done. Co~issioner ~ star stated that this is the first church that the Board has looked at in a long time that has had sufficient land to take care of their requirements for the future. He noted that there will be sufficient buffering, parking, and it seems to be well planned. Co~issioner Hasse stated that there have not been any real complaints in opposition to this provisional use and, therefore, he feels that he cannot vote against this item. coe=issioner Pistor movea, .econded Þy Commissioner Glass ana carried 4/0, that Resolution 88-172 re Petition PU-88-7C, Þe adopted subject to the petitioner'. aqreement. 60( ( 116 ".(.~ 389 Page 50 -----......., - .. - JULY 26, 1988 It.. leA GEORGE VARXADOE REPRESEH'ING YOUTH HAVEN, INC. REQUESTING WAIVER OF ZONING rEES - PEES IN THl AMOUNT OF $3,444 WAIVED AND STAYF TO COKE BACK WITH A POLICY DURING BUDGET SESSIONS RE WAIVING FEES Attorney Bruce And~rson, of Young, VanAsscndcrp, Varnadoe, & Benton, representing Youth !laven, rnc" stated that he is requesting that some zoning and processing fees be waived for Youth Haven. noted that Youth Haven works with social service agencies in the He courts systems to provide shelter and care for the less fortunate youth of Colli~r County. He stated that they have recently filed an amendment to their PUD and to rezone property that is adjacent to the existing Youth Haven project and he is requesting waiver of the PUD amendment fee of $1,000; the PUD zoning fee of $2,194; and the Environmental Impact Statement application fee of $250 for a total of $3,444. He noted that it is important to recognize that Youth Haven perfor~~ a valuable community service that might otherwi&e be the financial responsibility of Collier County. Tape If Hr. Anderson noted that Youth Haven receives no funding whatsoever from Collier County. He said that there will be a new program of pre-school and day care for the children of unemployed parents that are going to school at the Vo-Tech Center or engaged in other job training programs. He noted that there will also be new 6-bed cot- tages to separate the ~ge groups and the children with bchavorial pat- terns from one another. He stated that he would appreciate these fees Page 5l aoOl( 116 W.I 3"97 ---.-.-.--.---. _... """""""'--' ~.......'.....' f' J. I. .1)0( 116 WI. 398 JULY 26, 1988 being waived. Mr. David Urick, Executive Director of Youth Haven, stated that the origin~l PUD was l~ acre3 and they are adding 9.7 acres to this site. He not~ that they will be able to spread the buildings out much nicer with pore of an open back yard feeling. c~issioner Glass moved, seconded Þy Commissioner Hasse, that the zoning fees in the amount of $3,444 Þe waived. Acting Community Development Administrator Olliff stated that there ðre a lot of good community minded and nJn-profit organizations in thi~ community that will be doing a lot of land related issues, and there is an associated staff cost for these matters. He stated that his rccomme~dation is that all non-profit groups pay the fees so that this is not established as a precedent. County Manager Oorrill stated that during the budget workshop pro- cess, the Board could quantify on an annual basis, the amount of peti- tions that are for a good valid community benefit and then transfer from the General Fund to the Community Development Fund d certain amount to support this type of activity. Co~missioner Goodnight questioned how much money is left from the 57,000 that was set aside, to which Public Services Administrator O'Donnell stated that he is estimating that out of the $7,000 discre- tionary money that the Board has, there would be a balance of about 53,000 this fiscal year. Co~issioner Goodnight stated that she would suggest that under Page 52 - - - "- - - JULY 26, 1988 the circumstances that the Board concur that this is something that is well wortn tne tlm~ ar.1 money ana waive the tees, adding that she would suggest that it b~ taken out of the money that is left based on what Mr. O'Donnell has irjicated. Upon call for the question, the motion carried 4/0. com=issioner Glass moved, seconded Þy Commissioner Pistor and carri.~ 4/0, that the Staff be instructed to Þring Þack a pOlicy during budqet sessions regardinq waiving tees. It.. 191.1 RESOLUTION 88-173 RE PETITION BTD-88-12C, SHELL WESTERN E , P, INC., REQUESTING PERMISSION FOR SEISMIC LINES THROUGH WETLANDS IN THE BIG CYPRESS ARE" OF CRITICAL STATE CONCERN - ADOPTED WITH STIPULATIO} S Mr. Keith Edwards of the Natural Resources Management Department stated that this is a request for about 40 miles of seismic lines throughout the wetlands in the Big Cypress Area of Critical State Concern, adding that this is the same area that Shell Western con- du~ted seismic testing in last year. He noted that this program is called the G-89 program and will act as an in-fill to last year's pr09ralll. He stated that the work will be conducted along three seisaic lines and shot point centers will be' located approximately every 150 feet with each shot point center consisting of 3 shot holes space about 30 feet apart. He noted that Shell has proposed changes in the type of equipment to be used from last year's work as last year the work was done during the dry season and this year it will be done in the wet season. He noted that they will use a small drill mounted Page 53 tOO'; 116N~.~ 399 .'--'-'--. 1001( 116 nr.s. 400 JULY 26,1988 on a chikazu vehicle which will weigh approximately 1,300 pounds and will heve a 1 to 1,4 psi pressure, He noted that this area is highly vegetated and highly sensitive and this small drill can be disassembled and hand carried into these areas to further limit the environmental degradation of these 5~nsitive areas. He noted that helicopters will be usPd to transport this material and their personnel into the seismic work areas. He stated with regards to this petition, Staff is concerned with the destruction of vegetation and routing of wetland soils and also the disruption of wildlife behavior due to increased human ~ctivity, vehicle traffic, and blasting, fie noted that the EAC and CCPC has reviewed this petition and recommends approval of this petition with the stipulations contained in the resolution. Mr. Tom Hubert, consultant for Shell Western, stated that they have the State rules that govern this activity and inspectors en all the drills as well as a DNR inspectùr that is involved. He noted that all explosives are handled under the guidelines of the State Fire Marshal and in addition, Shell has applied for and received permits for use of explosives under the County's new ordinance. He noted that the County's ordinance essentially tracks the State DNR and Fire Marshal rules. He noted that this is approximately a II month acti- vity north of the preserve. fie related that this is a regional progrð~ that Shell is conducting and if there ~s other interest, there may ~ more lines in the future. Mr. Richard Braun, President of Golden Gate Taxpayers As~ociation, Page S4 JULY 26, 1988 stated that the DNR made it very clear a year ago that there would be no oi~ exploration in this area and the only reason for seismic testing is for oil or gas. He noted that this will destroy vegetation and wildlife patterns. He stated that the explosives are very dangerous and this has been proven. He noted that DNR does not have enough staff to regulate and guide these people and this petition should be denied. C~issioner Goodnight questioned where the 6 square miles is locat~~, to which Mr. Edwards stated that this area is north of the preserve area and completely to the east (of S,R. 29. C~~issioner Goodnight stated that the committee that she served on did not discuss this area at all, adding that it was only the area south of Alligator Alley and west of s.R. 29 which is not the same area that is being discu~sed this date. Comai.sioner Glass moved, seconded Þy Commissioner Pistor and carried 3/1, (Commissioner Hasse opposed), that Resolution 88-173 re Petition STD-88-12C, Shell Western E , P, Inc., Þe adopted subject to stipulations. tOGe I1BfJ':! 401 Page 55 , :-" JULY 26, 1988 Itei1.l f9Bl BID 188-1269 FLEET OPERATIONS VEHICLES - AWARDED TO DAVE TOWELL CHEYSLER-PLYKOUTH, INC. IN THE AMOUNT OF $27,000 Legal notice having been published in the Naplcs Daily News on JunQ 17, 1988, as øvidenced by Affidavit of Publication filed with the Clerk, bids were received until 2:30 P.M., June 29, 1988. Harry Huber, County Engineer, stated that this is a recommendation to approve the award of Bid 188-1269 for three intermediate size auto- mo~iles that are required for use by additional inspectors added to thç staff for the ßuilding Code and Compliance Department. He stated lh~t bids were requested for new or low mileage used cars with a deli- very date not to exceed 30 days. He stated that bids were received frem three companies with a total of 7 options, adding that comparing th~ cost and mileage of the used cars versus the warranty provisions of the new cars, the recommendation for award was based upon the low bid for new cars. He stated that he is recommending that the bid be ~w3rded to Dave Towell Chrysler-Plymouth, Inc. in the amount of 527,000 for three four-door 1988 Plymouth Reliants at $9,000 each. commissioner Glass moved, seconded Þy Commissioner Pistor and c~rried 4/0, that Did 188-1269 for Fleet Operations'Vehicles Þe awarded to Dave Towell chrysler-Plymouth, Inc. in the amount of $27,000 tor three intermediate Plymouth Reliants. Itea f9B2 I!o"'I'ERIM ROAD IMPACT FEE PAYMENT AGRE~ENT WITH COLLIER DEVELOPMENT CORPORATION, DEVELOPER OF THE COURTHOUSE SHADOWS SHOPPING CENTER- ~ONTINUED TO AUGUST 16 AND DETAILS ON TRAFFIC ANALYSIS TO BE PRESENTED Page 56 am 116f'Ar,! 405 ,oaf; 116 Fifo{ 406 JULY 26, 1988 Commissioner Pis tor questioned why there is such a drastic dif- f~r~nce in the original impact fee amount and the final impact fee ð:!,,)'Jnt, to which Mr. Huber stated that Ordinance 85-55 governs the ro~d impact fee and under Section 4 of the computation of the fees, th~re are two options; the fee schedule that has been established can bp used or a traffic impact statement can be made thðt could determine that traffic generbtion is less than the fee schedule. He stðtcd that the Ordinance says that the impact stðtement shall be presented prior to the issuance of building permits, but in this Cðse, it is being ècfle after-the-fact,' which is probðbly more accurðte. Commissioner Pistor questioned if this is based on summer trðffic or peak hours or the average of both, to which Mr. Huber stated that hr does not know when the traffic count was actually conducted but it W~5 done on the same premise as the fee schedule. Hr. Huber stat~d that if a policy is going to be established r~9ðrdin9 this matter, it may require an amendment to the existing ordinance to allow for those provisions because the ordinance does not s~cifically allow this after-the-fact, even though after-the-fact c~uld produce more ðccurate figures. Clerk Giles stated that he is concerned that the ordinance is ~~ing by-passed, adding that if Staff has advised developers that they ç~n submit traffic impact statements after-the-fact, then the Board should chðnge its ordinance if this is going to be the policy. He 5~ated that he would like to know what benefit it is to the developer Page 57 - - - ~,,-----_._---_._.~~._--_._,-----~.. ..-..--.--"'-"""'" - - - JULY 26, 1988 to do it after-the-fact? ~G~nty Attorney Cuyler stated that if the developer pays the ini- tiðl ordinance schedule amount in the bcginning and he can then prove through a traffic impact statement later that it should not be that hi9h, then he could get a refund. County Attorney Cuyler stated that the ordinanca is valid and as (~r as Board direction with regard to other impact fees, they will be r~viewed and they may need some adjustments to the fees. Co~issioner Glass stated that he would like some answers as to wh~n this traffic count was taken prior to voting on this matter. Mr. Huber stated that these fees were paid based on general com- ~rcial and now they are doing a site specific traffic impact statc- m€~t which is permitted by the ordinance as an option for determining the fee. He stated that this is simply being done after-the-fact and there is no comparison as to what it would have been if they prepared the traffic impact statement prior to development. cO8aissioner Pistor moved that the interim road impact tee payaent agreement with Collier Development Corporation, developer of Courthouse Shadows Shopping Center, be approved. . Mòtion failed for lack of a second. commissioner Glass moved, seconded by Commissioner Hasse and carried 4/0, that this item be continued to August 16, 1988, and the d~tails regarding the traffic analysis statement be presented at that ti... aoo.; l1Ô~r.1 407 Page 58 _.,"...."~...__..-......-..._.-.. !~O( 11f) I'1r.r. 408 JULY 26, 1988 I!:.. UB3 P~SOLOTIOK 88-174 PROHIBITING THE OPERATION OF TRUCKS AND OTHER ~)KKERCIAL VEHICLES IN EXCESS OF ONE TON FROM THROUGH MOVEMENTS ON EGTEY AVENUE, BROOKSIDE DRIVE, PINE STREET, SHADOWLAWN DRIVE AND THE NORTHERLY EXTENSION OF LAKEWOOD DRIVE - ADOPTED Commissioner Pistor questioned what is meant by the northerly ~)':tension of Lakewood Blvd. and Shadowlawn Drive, to which Mr. Huber stated that this is from Davis Blvd. to Estey. Commissioner Pistor stated that it should also be specified that It be the northerly section of Shadowlawn Drive also, which would be f~om Davis Blvd. to ~stey, Hr. Huber stated that the resolution does not identify which ordi- n~nce the Sheriff is to enforce, adding that it is Ordinance 83-35 and it should be added in the resolution that, HBe it further resolved that ð copy of this resolution be forwarded to Sheriff Aubrey Rogers for p~oper enforcement of this prohibition under Ordinance 83-35.H Deputy Chief Barnett stated that this is always done by Ordinance ~~d now it is being done by Resolution and questioned if it is enfor- ~~able, to which County Attorney Cuyler stated that the implementing authority provides that the Board can pass a resolution. He noted that if there is any problem with adopting this by resolution, he will Infor. the Board of County Commissioners. Coaai8sioner Pi.tor aoveð, .econded by Commissioner ~aS8. and c~rrieð 4/0, that Resolution 88-174 be aðopted with the aðditional l~nquag. regarding Orðinance 83-35 and that shaðowlawn Drive be the northerly extension from Davis Blvd. to Estey Avenue. Page 51 - - - ~-~,-_.. . -'",."~,..--.'""'"'_...,.- -,_.- aøc~ 116 ~1"-! 410 JULY 26, 1988 Itea "D4 RECORDING OF THE FINAL PL7.TS OF ROYAL WOOD GOLF 1\ND COUNTRY CLUB, UNIT O~E AND ROYAL WooD GOLF AND COUNTRY CLUB, UNIT TWO - APPROVED WITH SECURITY AGREEKEW. IN THE AMOUNT OF $343,500 AND CHAIRMAN AUTHORIZED TO EXECUTE THE CONSTRUCTION AND MAINTENANCE AGREEMENT Commissioner Pistor stated that Finance Director Yonkosky had a question as to whether the Board should consider not permitting these plats to be record~d until construction is completed. Mr. Huber stat~d that when the plats for these two units were ðpproved by the Board, the specific wording was that the plat not be r~corded until the improvements were completed and accepted. He noted that in the past the County has always operated under the conditions that if security was provided for the remaining improvements that have t~ be constructed, then they would be allowed to record the plat. He 3tated that the main concern is that there is a conflict in the Sub- division Regulations; noting that at one place it says that the impro- ~~ments shall be completed 36 months from time of plat approval and in in other placc, it states 36 months from thc time of recording the plat. He stated that in this case, since the plats have already been npproved, he is not sure when the time starts. lie stated that he would propose that the 36 month time period be related tQ the specific time of plat approval which was March 1, 1988, for Unit One and April 12, 1988, for Unit Two, Hc noted that this would bring this matter into com~líance with the Subdivision Regulations. co..issioner pistor moveð, seconðeð by Commissioner Hasse and Page 60 - - - .-'--"""'.""""""""""- - - - JULY 26,1988 ~~~~i,~ ~!~. ~~.~ ~~. ~.~~~~tn~ n~ the final plats for Royal Wood Golf and Country Club, unit One and unit Two be approved with the security aqre..ent in the amount of $343,500 and the Chairman Þe authorized to execute the Construction and Maintenance Agreement. Page 6l aoo( 116 PJ-;~ 411 '°0< 116 f1r,{ 42ü JULY 26, 1988 Itea 19C1 CRAHGE ORDER IN 'l'JfE AHOUNT OF $1,664. 52 TO INTERNATIONAL SPORT SERVICES rOR TENN1d COURT RESURFACING UNDER BID 188-1252 TO INCLUDE THE BA8~ALL COURT ON THE SCHOOL SITE AT EVERGLADES CITY - APPROVED SUBJECT TO THE CLERXIS RECOMMENDATION REGARDING THE FUNDS Comøissioner Pistor stated that tennis court resurfacing is going on a basketball court which is on the school site in Everglades City and questioned if this is a County park or a County arrangement? Public Services Administrator O'Donnell stated that the facilities on the school properties are owned by the School, but the County has a joint use agreement with them for which the County is required to do the maintenance of them. He noted that the basketball courts are owned by the City of Everglades and they have traditionally asked us to handle this particular maintenance and to put out the bids on these. He stated that this is usually done when the County has courts that have to be resurfaced and at that time, Everglades City is included within the bid. He noted that the County is paying the entire bill, but the City of Everglades did provide the Public Services Division at Golden Gate Community Park with thre~ royal palm trees in exchange for doing the work this year. He noted that they did come up with an in- kind match even though they could not come up with monies and it was felt that this was an equitable arrangement. He noted that the basketball court was not included as part of the original bid because he thought that the tennis courts would exhaust the funds that were available, but when the bids came in there was enough money to cover Page 62 - - - - - - JULY 26, 1988 the addition of the basketball courts. LO_l~to.iV'I"'i ~j,o~.:> »"dl",'; ..¡,at Everglades Ci ty is providing recreational faci~_tics for a lot of the County residents in the area, that the County would normally have to be providing. Comaissioner Glass moved, seconded by Commissioner Pistor and carried 4/0, that the Change Order in the amount of $1,664.52 to International Sport Services for Þas~etball court at Everglades City under Bid 188-1252 be approved suÞject to the Finance Director's reco..endation that the funding come from the General Fund as opposed to the unincorporated area obligation. Public Services Administrator O'Donnell stated that he still has funds available in the General Fund to accomplish what is being recom- mended by the Finance Director. ..*. Recess: 3:40 P.M. - Reconveneð: 3:50 P.M. at which time Deputy Cler~ Hoffman replaced Deputy Cler~ ~enyon *.*. It.. "F1 AGREEJŒJrT BE'l'1fEEN BCC AND TilE GOLDEN GATE BUSINESS ASSOCIATION, INC., FOR HOLDING "FRONTIER DAYS" ON COUNTY PROPERTY - APPROVED AND $2,500 SURETY WAIVED Commissioner Pistor stated that the property to .be used for the Frontier Days activities is fenced in, adding that the surety bond is for clean up, and questioned whether it should be considered further? Commissioner Goodnight stated that in the past, the surety bond has been waived for the various organizations that have a good clean- up record. aDD': 116w.. 421 Page 63 .._,"--_u .00( 116,1'.[ 422 JULY 26, 1988 CO8aissioner Pistor moved, seconded Þy Commissioner Hasse and carried 4/0, to approve the Agreement between the Board and the Golden Gate. Business Association, Inc., for the use of County property for the purpose of bolding activities for "Frontier Days", and waive the $2,500 surety bond. Page 64 - - - aDo< 116 f1"£ 426 JULY 26, 1988 Item I11A2 BUDGET AMEXDKEMTS 88-341/342 AND 88-345/347 - ADOPTED cOIIIIissioner Glass moved, seconded by Commissioner Hasse and carried 4/0, that Budget Aaendments 88-341/342 and 88/345/347, be adopted. It.. niDI ADDITIOKAL YOXDIHG FOR CIRCUIT COURT NOH-OPERATING EXPENSES IN THE AMOUNT OF $60,000 - APPROVED Finance Director Yonkosky stated the Circuit Court non-operating expenses are very hard to control and budget. He advised that these expenditures have increased, over the budget amount, by $60,000, stated that request i~ being made to transfer $60,000 from the Reserve for Contingency. He noted that the amount of monies to be collected from fines and costs is in excess of $500,000. comaissioner pistor moved, seconded Þy Commissioner Glass and carried 4/0 to approve $60,000 in additional funding for Circuit Court non-operating expenses from the General Fund Reserve for contingency. In answer to Commissioner Glass, Clerk Giles noted that these are fees charged to the County for Circuit Court costs, i.e. filing fees, psychiatric exam fees, court appointed attorney's fees, witness fees, etc. He stated that next year's budget reflects higher costs of this nature, to be paid by the Board of County Commissioners. Iteml12A TEMPORARY CERTIFICATE OF OCCUPANCY ISSUED TO DENNIS HAMILTON, SUBJECT TO FILIHG OF VARIANCE - APPROVED Acting Community Development Administrator Olliff stated that Mr. Dennis Hamilton came before the Board previously, and requested chat Page 65 - - - He .<- ----'--'- . .....-..-- ,--------~-_.- --,_..~-_._.._""_..... .... ..,...-..--.---....... .,....- . . . . . JULY 26, 19S8 "'" Ué ",¡¡v..ed to construct a building while he filed for a variance. He advised that there has been a paper mix up, in that the variance has either been misplaced, or was never filed. lIe noted that construction has t"en completed, and request is being made for a tem- porary Certificate of Occupancy, subject to filing of the necessary paperwork for the variance. co..issioner Glass moved, seconded Þy Commissioner pistor and carried 4/0, that a temporary "C.O." Þe issued to Kr. Denni. Hamilton, subject to the filing of a variance. coaaissioner pistor moved, seconded by Commissioner Glass and carried 4/0, that the following item. under the Consent Agenda be approved and/or adopted: It.. 1141.1 RESOLUTION 88-175 CREATING A CITIZEK STEERING COMMITTEE TO ASSIST IN THE DEVELOPMENT OF A KASTER PLAN FOR GOLDEN GATE See Pa9~ pr,.- ,/-.3 '7 Itea 114B1 PROCESSING FEE WAIVED FOR A PROVISIONAL USE PETITION SUBKITTED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION BASED ON COMMUNITY BENEFITS It.. 114B2 EXCAVATION PERMIT NO. 59.228 - SOUTHWOODS - CONTINUED TO 8/2/88 It.. 114B3 PUBLIC HEARING TO BE HELD ON AUGUST 2, 1988, TO CONSIDER REVOKING CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY HELD BY ALWAYS DEPEXDABLE TRANSPORTATION, INC., ROYAL WINDSORLIKOUSINES AND DIAMOND LIKOUSINES, INC. Itea 114B4 moved to 19B2 It.. 114B5 aOOK 116 PA~! 427 Page 66 w,.. ~ . -_w_.,-.. .~.'"----,-,-~...,..-~..._...__.._-,..............._._. .. .-......-.....-.....-...,....... 100( 116 mE 428 JULY 26, 1988 CRAIRKAK AUTHORIZED TO EXECUTE SALES CONTRACT AND STATUTORY DEED; STAFF TO FOLLOW PROPER CLOSING PROCEDURES; AND CLERK TO RECORD ALL NECESSARY DOCUMENTS IN REFERENCE TO THE SALE OF PROPERTY IN GOLDEN G1\TE ESTATES See Pages f-.?;f? - J.j. 4/ It.. 114B6 moved to 9B3 Itea 114B7 - Deleted It- 114B8 TRAlCSPER OF PROPERTY BETWEEtf THE UTILI'l'T DISTRICT AND THE COUNTY ROAD FUND 1.T KARXET VALUE FOR VANDERBILT B!1.CH ROAD RIGHT-OF-WAY AND AGREEMENT TO DE PREPARED AND RETURNED TO THE BCC FOR CONSIDERATION Item 114B9 CRAIRKAB AUTHORIZED TO EXECUTE UTILITY EASEMENT AND DISTRIBUTION AGREEMENT WITH FLORIDA POWER ~ LIGHT COMPANY FOR UNDERGROUND ELECTRIC DISTRIBUTION FACILITIES AND UTILITY EASEMENTS See Pages DOCUMENT NOT RECEIVED IN CLERK TO BOARD OrrlC~ A~ Or AUGUST ll, 1988. Itea 114B10 moved to 19B4 Itea 114B11 CRAIRKAK AUTHORIZED TO EXECUTE PROFESSIONAL LAND SURVEYING SERVICES AGREEMENT RELATING TO THE PLANNED NORTHERLY EXTENSION OF SANTA BARBARA BLVD. BETWEEN GREEN CANAL AND LOGAN BLVD. AT JUNCTION 14TH AVE1WE SOUTHWEST, RFP '88-1250 IN THE AMOUNT OF $14,825.00 Legal notice having been published in the Naples Daily News on April 27, 1988, as evidenced by Affidavit of publication filed with the Clerk, Bids were opened at 5:00 P.M, on May 27, 1988. See Pages 44~-4Sì Itea f14C1 moved to 9C1 Itea f14C2 RESOLUTION 88-176 IN SUPPORT OF THE SOIL AND W1\TER CONSERVATION DISTRICT'S MOBILE IRRIGATION EVALUATION LAB ""iee Page. J./...58"' Page 67 - - .- It.. I14E1 JULY 26, 1988 CHAIRKAK TO SIGN A NEW AGREEMENT WITH ORAL HEALTH SERVICES OF FLORIDA, IKC. FOR DERTAL SERVICES FOR EMPLOYEES WHO OPT TO ENROLL See Pages Ite. 114F1 aoyed t' 19F1 It.. 114B1 ~ 6'1 - 1(:, ~ CERTIFICI.'1'E8 FOR CORRECTIOK TO THE TAX ROLL AS PRESENTED BY PROPERTY APPRAISER'S OFFICE 230 & 230", 238 Itea 14H2 1985 TAX ROLL 6/30/88 1986 TAX ROLL 7/1/88 EXTRA GAIK TIKE FOR INMATE KOS. 48431, 58579, 55517,51602, 54975, AND 28343 It.. 14B3 See Pages SATISFACTION OF LIENS RE PUBLIC DEFENDER Jj.~9 - ~ff" Itea 11411 ABATEKEBT OF ACCRUED INTEREST IN THE AMOUNT OF $1,714.20 ON THE AUTO RABCH ROAD PAVING SPECIAL ASSESSMENT TO PARCEL 147 (ACCOUNT 1908788, PROJECT 134290) It.. 14H MISCELLANEOUS CORRESPONDENCE AND/OR REFERRED There being no objection, the following correspondence was filed and/or referred to the various departments as indicated below: -,.~~_."..__. .-.,,- Page 68 aOOK 116 p~r.! 429 ,_..._.~_.-._. ,~ ..--..-----"'" ...... .. aOOK 116fl-.r.430 -~-",---"--"~-~,,~---,,,-,--- JULY 26, 1988 L Letter dated 07/15/88 fro~ Paul R. Bradshaw, Director, Division of Resource Planning and Management enclosing the corrected notice announcing proposed changes to Chapter 9J-ll, fL Administrative Code, Procedural Rule for Review of Local Government Comprehensive Plans and Amendments. Referred to Neil Dorrill, Tom Olliff, and Jane Fitzpatrick and filed. Notice of Workshop dated 07/14/88 to be held on July 25, 1988 at 9:00 a.m. to receive comments on the Department's proposed construction contracting rule. Referred to Neil Dorrill and Natural RLßources and filed. 2. 3. Letter dated 07/11/88 from Virginia A. Vail, Environmental Administrator, Division of Marine Resources, calling for application for the Artificial Reef Development Program. Referred to Neil Dorrill and Natural Resources and filed. 4. Quarterly Report dated 07/15/88 from Florida Department of Transportation, District One of FL Dept. of Transportation. Referred to BCC and to George Archibald and filed. Letter dated 07/13/88 from Robert L. Johnson, Director, Child Support Enfor~ement, attaching State of fL warrant totaling S163.00 for incentive payments for 2nd quarter FY 1987/88 child support collections. Referred to Joe Warren with check and filed. 5. 6. Minutes: 07/13/88 - Homeless Committee and 07/19/88 Agenda, 07/07/88 - CCPC and 07/21/88 Agenda. 7. Memorandum dated 07/07/88 from Roy Grissett, Bureau Chief, Collections and Services, regarding statutory changes, HTRIM", 1988 Legislative Session, Chapter 88-216, Laws of Florida, Effective date July l, 1988. Referred to Neil Dorrill and Lori Zalka and filed. 8. Letter dated 06/09/88 from Jim D. Shumake, P.A., Counsel for Donald Lester, regarding Lester v. Collier County Animal Control - Claim for damages. Referred to Neil Dorrill, Ken Cuyler and Sherry Rynders and filed. Memorandum dated 07/01/88 from Jim Chaplin, Man~ger, regarding announcement of Competition HUD-administered non- formula (Small Cities) rental rehabilitation program. Referred to Tom Olliff and Wanda Jones and filed. 9. Page 69 , . . . . - - - -.,-. , ._--,.,.,.,.__._.,_..~.""..,,_.._._.~._.".....~'_."'...,. JULY 26, 1988 10. Memorandum dated 07/11/88 from Peter N. Stowell, Director, Southeastern Area reqardinq Organization and Staffing. Referred to Jeff Perry and filed. Item 1901 WILBOR, KILLER, B~'TOrt, SOLL , PEEK, INC. TO PROVIDE PROFESSIONAL EKGUfEERING SERVICES FOR WATER FACILITIES AT CLAM PASS PARK AND 12" WATER FACILITIES AT SEAGATE DRIVE - U.S. 41 TO PELICAN BAY - APPROVED Utilities Operations Coordinator Laverty noted that the Staff Consultant Selection Committee evaluated 13 firms' Statements of Interest, and selected the following firms as the Hshort list" for the Board's consideration: L 2. 3. CH2M Hill Consoer, Townsend and Associates, Inc. Wilson, Miller, Barton, Soll & Peek, Inc. CR2K Bill Mr. Glenn Miller, Engineering Department Manager and Senior Design Project Manager, stated that his firm has recent experience in over 19 miles of watermain construction in Collier County. He noted the capa- bilitíes of his staff in Ft. Myers to handle the subject project. Mr. Wayne Welsh indicated that this is not a complicated project, adding that his firm's team approach will interact with ~ounty staff. He stated that the project is to be completed by January l, 1989, noting the importance of the proper permitting, to meet the time sche- dule. He explained the review process at 20\, 50\, and 80\-90', when the project is submitted to the County for their final review and approval, before the beginning construction phase. Mr. Miller elaborated on the drawbridge, noting that a dredge and Pag2 70 &00'; 116 PI':! 431 ,oot 116 fir.'. 432 JULY 26, 1988 fill permit will be required, and should be identified as a critical path element. He indicated that hiß firm has previously worked on Collier County Mðst~r Plans, and they can accurately coordinate with the present Plan. Coømissioner Pistor stated that the drawbridge situation is an unfortunate on~, adding that the permitting for the dredge and fill may take a long time, and questioned whether there could be a dual design? Hr. Hiller replied'that this is an option, and preliminary con- currence can be obtained from the permitting agencies, adding ~hat he understands that the bridge to date, has not been operated. In answer to Commissioner Hasse, Mr. Crandall noted that the line will be kept as small as possible, and a pressure of 60 lbs. will be maintained. Consoer, Townsend and Associates, Inc. Hr. Ed Key, Project Manager, introduced members of his team, Messrs. Paul Stoneseiffer and Armando Bravo. lie stated that his firm has been established for 70 years, adding that an office in Naples has been underway for 4 years, and has been involved in the water and wastewater facilities planning for the County, the desig~ and construction of the water treatment facility expansion, and the design contracts for the North and South County Wastewater Treatment facili- ties. Mr. Key referred to a display board, explaining the preliminary Page 71 - - - ~-"'-" - - - JULY 26, 1988 schedule of design activities from the receipt of authorization to proceed to the project bidding and construction. He stated that the design focus of this project is to blend in the pipe and its sup- porting structures, so that they fit in with the bridge structure, adding that they will be tentatively located beneath the walkway and support from the pier structure. He indicated that there are several alternatives to make the design compatible with the existing bridge, adding that there i~ the possibility of an aerial crossing at the drawbridge, which would serve as an entranceway to the beach, however this would require Corps of Engineer approval. In answer to Commissioner Hasse, Mr. Key stated that depending on fire requirements, the line would be either a 4H or 6H line. Mr. Paul Stoneseiffer indicated that he is leaning toward ð gazebo structure, with an aerial structure to maintain maximum use of the bridge. Tape 15 wilson, Killer, Barton, Boll' Peek, Inc. Mr. Bill Barton stated that, if his firm is s~lected, Mr. Tom Peck will be the Project Manager, He advised that this is ð small project, compared to some with which the Commission has entrussed his firm. lie noted that the key to this project is the location of 12" main, where it is located in the right-of-way, and the decision of how to best provide fire protection to Clam Pass Park. He j~dicated that even though some sidewall may have to be removed and replaced, he feels IOO( 116 Pl'.! 433 Page 72 "..-..^", _w ......^...." aooc 116 FI':[ 434 JULY 26, 1988 that the most economical location for the l2H main is on the north side, but that will take some additional study. With regard to service to the park, Mr. Barton stated that if it is decided that fire protection is important there, there are several approaches that can be considered, noting that his thoughts are to use a smaller line, i.e. 3-, since the domestic use in that area is very low. Hr. Barton noted that he has never been able to understand why the drawbridge is there, adding .that if a 6- or 8" main is used, a suba- quious crossing will be required. In answer to Commissioner Pistor, Mr. Barton indicated that if a full sprinkler system is required, the JH main probablV will not sup- port it, therefore, a 4- main will be required. In answer to Commissioner Hasse, Mr. Barton advised that Class C-200 PVC pipe will be used in the 12H main. Be noted that PVC is far more resistant to corrosion, and if a heavy wall pipe is used, it is extre.ely durable. *** At this time, the four Commissioners present completed the Consultant Selection Tabulation Form for Claim Pass Park and seagate Drive, RfP 188-1256, with the following results: Wilson, Miller, Barton, SolI & Peek, Inc. - II points Consoer, Town£end and Associates - 8 points CH2M Hill - 7 points Commissioner Pistor moved, soconded by Commissioner Hasse and carried 4/0 that the firm of Wilson, Miller, Barton, Boll' Peek, Page 73 - - - ", JULY 26,1988 In~. be approved as the final consultant for engineering services for claa Pass park and the water Main on Beagate Drive, and staff to nego- tiate a contract with said firm, to complete the project Þy January 1, 1989. *** There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 4:45 P.M. ." ."~.. ,~') eJìvfj~'", BOARD OF COUNTY COMMISSIONERS/ A'l'TE$'.è:.,;'" I'}-\. BOARD OF ZONING APPEALS/EX J~.~f; ,~}~ES" CL?~ OFFICIO GOVERNING BOARD{~) Of .. k-' r' e: SPECIAL DISTRICTS UNDER ITS -. { . -- CONTROL iJ;~' ':~ß' c . .f:."\~ ~ lL.. /J~ ~ .J- . <#OJ \, ANNE GOODNI6:T~RMAN These .inutes app,oved by the Boaed on ~~..r'?':;/?;:/ as presented ~ or as corrected ' Page 74 aoo( 116 fiC.! 4.35