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BCC Minutes 02/09/1988 R - - - Naples, Florida, February 9, 1988 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special dlstrlcts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSIOB in Building MFM of the Government Center, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: Arnold Lee Class Bur, L. Saunders Max A. Hasse, Jr. John A. Plstor Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Ellie Hoffman and Maureen Kenyon, Deputy Clerks; Neil Dorr1l1, County Managcr: Tom Olliff, Assistant to the County Mðnager, Ken Cuyler, County Att~rney; Dave Weigel, Assistant County Attorney; Tom Crandall, Utilities Administrator; George Archibald, Public Works Ad.inistrator; Charles Gauthier, Chief Long Range Planner; Ann McKim, Planning/Zoning Director; Robert Duane and Philip Scheff, Planners; Doug Greenfield, EMS Director: Nancy Israelson, Administrative Assistant to the Board: and Deputy Chief Ray Barnett, Sheriff's Department. aOOK jljljLpA~t~{J~ Page 1 -"' '* 111 I'V.{ 404 FEBRUARY 9, 1988 'l'ap.'1 It- '3 AQEJlDA - APP11OVED AS SUBMITTED coaai..ioner Ha8se moved, seconded by Comaissioner Saunders and carried unani.ously, that the agenda be approved as submitted. It- 14 XIJn1'1'B8 OJ' JAXUARY 19, 1988. APP1WVED AS CORRECTED A!fD MIKtJTES OF JARUARY 26, 1988 APPROVED AS PRESEBTED coaaissioner Hasse moved, seconded by Commissioner Piator and carried unaniaously, that the minute. ot January 19, 1988 be changed troa 3/2 vote to 2/3 (comaissioner piator oppoa.d), Minute Book 111, Page 13, and tbe .inute. ot January 2',1988 be approved aa pre.ented. Itea '5 EXPLORE SERVICE AWARD - PRESEHTED eo..íssioner Glass presented an employee service award to Richard McCormick, Solid Waste Depal'tment, for ten years of service with Collier County government. xt- " ORDrKABCB 88-11 RB PETITIO" ZO-87-20C, CO~TY DEVELOPKBBT DIVISION REQUBSTI.G AJf AKEJrnKEJIT TO ORDIIfAlICE 82-2, 'l'1IE COMPREBDSIVE ZORING RBGULATIOKS TO PERMIT WHOLE8ALIRO, WAREBOU8IRO AND DI8TRIBUTIOø AS PBRMITTED PROVISIONAL USES - ADOPTED Legal notice having been published in the Naples Daily News on January 6, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZQ-87-20C, filed by the Community Development Department requesting an amendment Page 2 -,.".-- FEBRUARY 9, 1988 to Ordinance 82-2, the Comprehensive Zoning Regulations for the unincorporated Area of Collier County, Florida, to add a new subsec- tion to per.it wholesaling, warehousing and dls~rlbu~ion d~ P~(miL~~ù Provisional Uses. planner Duane stated that the proposed ordinance will amend Section 7.22, C-3, of the Commercial Intermediate District and Section 7.23, C-4 General Commercial District. He further stated that thls ordinance will clarify bakery shops as a permitted principal use in the C-3 District, however, not with the reference to wholesaling which was currently found in the Zoning Ordinance, and will also per- .it wholesaling and warehousing activities as a permitted provisional use in the C-4 District. eoaaissioner Goodnight moved, seconded by commissioner pistor and carried unaniaously, that tbe public hearing be closed. coaaissioner Goodnight aov1d, seconded by Coaai.8ioner pistor and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into ordinance BoOk Ro. 30: ORDIBUCB 88-11 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZQNINC REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY I FLORIDA BY AMENDING SECTION 7.22, C-3, COMMERCIAL INTERMEDIATE DISTRICT, AMENDING SUBSECTION 7.22.b.l)(b) TO CLARIFY BAKERY SHOPS AS A PERMITTED PRINCIPAL USE: AMENDING SECTION 7.23, C-4, COMMERCIAL GD~ERAL DISTRICT, AMENDING SUBSECTION 7.23.b.3), TO ADD A NEW SUBSECTION "m" TO PERMIT WHOLESALING, WAREHOUSING AND DISTRIBUTION AS PERMITTED PROVISIONAL USES: AND TO PROVIDE AN EFFECTIVE DATE. &DOK 111 "1'~ 405 Page 3 ,* l11'J(,t~O6 FEBRUARY 9, 1988 It- "C1 RE80LUTIOJl 88-38 RB PETITION AV-87-019, COASTAL ENGINEERING COJlSUL'fAJI'fS, IJIC. REQtTESTIRG THE BCC VACATE A!fD REØOUBCB PUBLIC IlCTERBST IR PORTION OF WEST CROn POIRTE BLVD. - ADOPTED Legal notice having been published in the Naples Daily News on January 24, 1988, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition AV-87-0l9, filed by Coastal Engineering Consultan~s, Inc., Agent for Crown pointe Developøent, Inc., for the purpose of retaining a portion of West Crown Pointe Boulevard as a private road, providing a higher degree of security and protect identity as well as better access/egress for individual units to be constructed and to retain certain utility ease- ments. Public works Administrator Archibald indicated that the Crown pointe project is located south of Davis Boulevard and east of Kings Lake Subdivision. He stated that the developers of subject parcel of land which will involve three different POD's, are requesting that a portion of the roadway that has been constructed, be vacated. He further stated that currently one mile of the road exists running south of Davis Boulevard, adding that the request is to vacate the southern half of that road to: Provide a secure õevelGpment site with gate control. Assure that multi-family units can be developed without access control required according to the County's standards. In answer to Commissioner Hasse, Mr. Archibald noted that vacating 1- 2. subject portion of the road will allow the developer to consider this as Page 4 ,-,.."..-, FEBRUARY 9, 1988 an internal roadway and provide a gated control, if necessary. He added that the roadway will still remain a drainage right-of-way for access to the lake and drainage structures, indicating that this is the first phase of the project which will encompass the entire peri- meter of the lake when it is completed. He stated that the County's .ain concern is to assure that the section to the north remains a public roadway and that it is connected to the subdivision which will be the following phase at Crown pointe. Hr. Joe Bonness, Jr., President, Lake Louise Inc., original deve- loper, seller and mortgage holder of subject property, stated that he has no objection to the petition, but added that Lake Louise Inc. has an obligation to complete the construction of the roads and utilities in Tracts -G-, "H", and "I-, further stating that in order to meet these obligations, hauling over the private road will be required. He sub8itted a copy of a recoraed easement, stating that he would like to see Lake Louise retain the easement until the project is completed, and the mortgage is paid in full in accordance with the original intent. County Attorney Cuyler indicated that if Hr. Bonness has property rights, he will have those irrespective of the proceedings today. Mr. Hark Woodbury, of ~oastal Equity Development Corporation, stated that his company is the builder of the Crown Pointe project, adding that he has no objection to the subject easement which Mr. Bonness presented, stating further that Mr. Bonness does need to aDaK 111 Pi'.! 407 Page 5 " ~ ~ tOO( lllw.t408 FEBRUARY 9, 1988 complete his obligation. In answer to Commissioncr Pistor, Mr. Archibald advised that the resolution that has b~en prepared is for the purpose of primarily vacating the public's interest, and in so doing, the County may be , benefitting by not getting into the middle of a problem which may occur down the road between the current property owner and another owner which JaaY have certain rights to, that road. Mr. Woodbury, in rcsponsc to Commissioner Hasse, stated that the proposed gate will not affect any public access through the loop con- necting Mr. Fritchey's property and the eastern development. He further stated that his company will be developing the entire 250+ units around the lake cO88i.siouer pistor moved, seconded by co..issioner Goodnight and carried unani.ously, that tbe public bearing be closed. coaaissioner Goodnight mov~d, seconded by Commissioner Saunders and carried unanimously, that Petition AV-87-019 be approved with recognition of validity of a recorðed easement whicb has been tiled as part ot record. Page 6 - - - "-"'-' '00( 111 "1,( 416 FEBRUARY 9, 1988 It- 160 ORDIDJICB 88-12 R.EGULATIRG BLABTIRG AJm 'l'HE USE 01' BXPLOSIVES III COLLIn count - ADOPTED Legal notice having been published in the Naples Daily News on January 21, 1988, as evidenced by Affidavit of Publication filed wlth the Clerk, public hearing was opened t~ consider an ordinance regu- lating blasting and the use of explosives in Collier County, Florida. Public Works Administrator Archibald stated that the revised ordi- nance will repeal Ordinances 73-11 and 82-94. He further stated that subject ordinance addresses a ~umber of issues above and beyond the existing ordinance, i.e.: requiring applicant to provide detailed inforaation as to the blasting activity: stipulations on insurance; stipulations on provision for bonding, if there is a need for that type of security; delegates responsibilities and authority to Staff in per.itting the blasting activities; monitoring of seismic blasting; increase of annual fee from $200 to $250; qualitative controls as to the effects of blasting, specifically the reduction of particle velo- city froø 1 to .75. He noted that the revisions are compatible with current State Law and also the laws which are enforced by the DNR relative to seismic blasting and monitoring. In response to Commissioner Hasse, Mr. Archibald indicated that the new ordinance states that Staff has the authority to require pre-inspection and insp~ction during blasting activity, if warranted. He further noted that in addition, a bond may be required to coyer any Page 7 ._"" "... FEBRUARY 9, 1988 adverse i~act which Staff may foresee. Staff Engineer Prince stated that restrictions limit blasting activity to occur between the hours of 8:00 A.M. and 5:00 P.M., no Sunday or holiday blasting may occur, and some Saturday blasting is prohibited. Mr. ThQtDas Hughes of Vibra-Tech Engineers stated he has no problem with the Ordinance as written. 'l' ape 12 Mr. Dudley Goodlette, Attorney with Cummings & Lockwood, repre- senting Florida Rock Industries, Inc., submitted for the record com- ments relating to the proposed blasting ordinance. He presented his co.-ents by section, noting th~t Section Two, Item 15 the word MVector- has been left out in the last sentence before the word "sum" and must be added for the term to have correct meaning. Mr. Archibald indicated that revisions in the proposed ordinance addresses every comment made by Attorney Goodlette, adding that the biggest concern is that of the public and private welfare relative to blasting operations in the urban area. He noted that the general requirements set forth in the ordinance allows Staff to make excep- tions and waive certain requirements for operations similar to that of the Sunniland Mipe which is in a remote location, further noting that not only can requirements applicable to the activity be waived, but also the particle velocity requirement can ~ waived. Commission~r Glass stated that his only concern was that of the Page 8 !OO( 111 PA',l 417 -"'-" 'OOt 111 ""';~ 418 FEBRUARY 9, 1988 appellant right, adding that people still have the right to appeal to the Board. Mr. Archibald noted that he is in agreement with the appellant's right, further noting that the ordinance gives ten days to consider a per.it and if a permit is denied, the applicant is advised that he has , recourse to appeal to the Board of County Commissioners. county Attorney Cuyler stated that he will make sure all items regarding appellant rights are applicable and will make necessary changes, adding that "Vector sum" is a typo and he will correct that. He further indicated that many of the comments presented by Mr. Goodlette have been discussed by staff and if they are written in a specific .anner in the ordinance, it is that St~ff, as a policy aatter, is recommending to the Bo~rd that it be written in a cer- tain way. He advised that he feels the ordinance will need to be amended in 6 to 8 months, noting that as things develop, Staff will went to adjust to one degree rr another. coaaissioner Hasse moved, seconded Þy comaissioner Goodniçht and carried unanimously, tbat tbe puÞlic hearing Þe closed. coaai..ioner Hasse moved to adopt Ordinance 88-12 and direct statt to review comments by Attorney Goodlette tor possible amendment ot the ordinance in the future. Motion died tor lack ot second. Following a discussion regarding continuing the proposed ordinance for one week, Commissioner pistor .ade a motion to this ettect which died for lack of second. Page 9 '-""""" FEBRUARY 9, 1988 CO88!ssioner Glass aoved, seconded by Comai..ioner Bas.e and c:rri=~ ~/l !~~i~~!~n.r Ð~.~nr OppO8~~}. th&~ th. ordinance as num- bered and titled below be adopted and entered into ordinance Book No. 30, with tbe county Attorney reviewing the appellant rights .0 that an applicant has the right to come before the Board with an appeal. ORDIIfMCB 88-12 AN ORDINANCE REGULATING BLASTING AND THE USE OF EXPLOSIVES IN COLLIER COUNTY, FLORIDA; PROVIDINC FOR INTENT AND PURPOSE; PROVIDING FOR DEfINITIONS: PROVIDING A PERMIT REQUIREMENT; PROVIDING EXEMPTIONS FROM PERMIT REQUIREMENTS; PROVIDINC PERMIT APPLICATION REQUIREMENTS AND CONDITIONS; PROVIDINC FOR OBLIGATION OF A USER TO UTILITIES; PROVIDINC FOR PERMIT APPLICATION REVIEW AND SETTING fORTH CRITERIA FOR APPROVAL, DELAY OR DENIAL OF A PERMIT AND APPEAL THEREOF; PROVIDING FOR ISSUANCE OF PERMIT; PROVIDINC LIMITATIONS AND CONDITIONS OF A PERMIT; PROVIDING FOR INSURANCE REQUIR~~ENTS: PROVIDING FOR FEES; PROVIDING FOR INFORMATION AND REQUIREMENTS DURING AND SUBSEQUENT TO GEOPHYSICAL SEISMIC BLASTING: PROVIDING RESTRICTIONS FOR THE USE AND HANDLING OF EXPLOSIVES: PROVIDING fOR THE SALE OR DISPOSAL, INVENTORY, THEFT OR ILLEGAL USE Of EXPLOSIVES; PROVIDINC FOR REVOCATION AND/OR SUSPENSION OF PEP~ITS: VESTING ADMINISTRATION AND ENFORCEMENT AtJTHOR ITY II. THE COUNTY ENGINEER; PROVIDING FOR PENALTIES; PROVIDING fOR EFFECT ON PREVIOUSLY ISSUED PERMITS: PROVIDING FOR REPEAL; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFfECTIVE DATE. County Manager Dorrill atated that he will prepare a point by point response to Mr. Goodlette's comments, adding that these will be incorporated into any amendments that the County Attorney feels necessary based on previous discussion and presentation. It- t.A CI'l'IZE8S FOR SENSIBLE MARCO BEACH IKPROVEKEKT REQUESTING COOBTY OOKKISSIOBBRS ARRANGE A PUBLIC MEBTING REGARDING THB COUNTY IIOUJUSØXElfT PLì\.R - APPROVED Mr. Stephen LeBrie, Program Chairman of Citizens for Sensible Marco Beach Improvement (CSMBI) stated that he would like to inform the Page 10 aoo( 111 mr 419 .._,_..., "..., '* 111,19'. 420 voters on Marco that they have several options. FEBRUARY 9, 1988 He noted that his advisory committee has informed the voters of two options: 1- 2. Vote for the bond issue on March 8th. If bond issue is not voted fo~, it will take ten years for the beach to be renourished 80 that the ad valorem tax can be built up over a sufficient period of time. Mr. LeBrie indicated that there are other options available and he is requesting that Staff who are well1nformed on the County Nourish8ent Plan present this inforaatlon to the Marco voters at 7:30 P.M. on February 16, 1988. In answer to Commissioner Saunders, County Manager Dorrill stated that Staff support will be available to provide necessary information for a presentation and he will request that the chairman of the advi- sory board participate on t~.eir behalf. 'l'ap. '3 Mr. Archibald noted that if the primary thrust of the request is to have soøeone appear before the CSMBI to discuss all available options to the Marco Island Residents, he can provide that, but if a preli.inary report is desired, it would not be prudent until such time that it is presented at ð public meeting in the Commission Chambers, which is scheduled a few weeks away. CO8ais.ioner Hasse moved, seconded by commissioner Saunders and carried unaniaou9ly, that Statt and tbe County Manager'. ottice be directed to provide basic information on how beach nourishment plans it '. Paq811 ~' .~ .. '" \t FEBRUARY 9,1988 are developed to the ~SMBI f~T the Me~ti~~ t~ ~ h~1ð on Vebruary 16- 1988 at Kackle Park at 7:30 P.M. C088issioner pistor stated that the same engineer who has done the work for the Marco Beach Renourishment Committee is the same engineer who is providing the study for the County. Mrs. Charlotte westman, resident of Marco Island, indicated that two areas of Marco Island Beach Renourishment which are in the County's preliminary report require additional information. She noted that Hideaway Beach renourishment area has been omitted, addlng that she was informed by the DNR that this is because Hideaway Beach is not on the Gulf, and the fact that the same engineering firm is involved concerns the CSMBI and they would like additional information before they vote on March 6, 1986. ..... RECESS: 10:10 A.M. - REOOBVERED: 10:20 A.M. ..... xt- "Al IJ:'rBRQOVERJIJJI'1'AL PLAJOIIRG AGRBEKmIT WITH THE CITY OF DPLES RE LAND USE AJID zaRING lit THE KBTROPOLITAB AREA - APPROVED Coaaissioner Saunders moved, seconded by Commis8ioner Goodnight and carried unanimously, tbat tbe Intergovernmental Planning Agreement with the city of Naple8 be approved. &00( 111 Pl",t 421 Page 12 FEBRUARY 9, 1988 It- f'A2 PBTI~I08 KP-87-11C, DO. ABD KABCY KIXCAID, REQUESTIBG A REDUCED SIDB YARD SETBACK IX LELY COUNTRY CLUB POD, - APPROVED Planner Philip Scheff stated that subject property is located to the northeast of U.S. 41 and south of Rattlesnake Hammock Road, adding that a single-family residence currently exists on the property (3l4 Torrey Pines Point). He advised that the petitioner is proposing to add a pool enclosure to the northwest corner of the residence. He stated further that Staff has notified (by mail) all abutting property owners and have received no letters of objection. Mrs. Nancy Kincaid, petitioner, presented a letter from her neigh- bar, Mr. John Yager who will De affected by the variance, stating that he has no objection to approval of subject petition. CO88i.sioner Saunders .oved; seconded by Comaissioner Goodnight and carried unani.ously, tbat Petition KP-87-11 be approved. It- UU PBT:t~IO. MP-87-12C, JOHB CONROY OF »ORTBGATE VILLAGB DBVELOPKEXT CORPORA~IOB, REQUESTING A 3 FOOT IftCREASE OF A WALL 1ft HOORIROS PARK BS'l'ATBS PUn - APPROVED Planner Scheff indicated that subject petitioner is requesting approval to construct a 9' high wall. He stated that subject property is located on the south side of Pine Ridge Road and east of Goodlette-Frank Road, Section 15, Township 49 South, Range 25E, stating further that one portion of the proposed wall runs for 581 feet along the western portion of the south side of Pine Ridge Road Page 13 aoo( ill-tr.t 427 aOO( 111 Pi"{ 428 FEBRUARY 9, 1988 while another portion of the wall runs for 690 feet along the eastern portion of the south side of Pine Ridge Road. He noted that since the Zoning Ordinance allows a maximum height of 6 feet for walls in resi- dential districts, the petitioner is requesting a height increase of 3 , feet. Mr. Scheff stated that the DOT reconstructed pine Ridge Road adja- cent to subject property, adding that ~uring the construction of Pine Ridge Road, 3 feet of fill was added to the right-of-way making the road and the sidewalks 3 feet higher than the adjacent land. He indi- cated that a higher wall is necessary to provide a visual buffer from the traveling public and a noise buffer from the adjacent roadway. CO88is.ioner pistor aoved, 8econded by Comais.ioner G004nigbt and carried unaniaously, that p&tition MP-87-12C be approved. It- 1981 AGRB~ WXTB KAPLE8 CAY KASTER ASSOCIATIOB, IBC. ACCESS TO SBAGATB DRXVB AXD GOLFSHORE BLVD. - DENIED Public Works Administrator Archibald stated that subject request by the developers of Naples Cay is to gain access for their develop- aent at Gulf Shore Boulevard North. He further stated that Staff has undertaken a study which consisted of: 1- 2. Looked at current traffic on the roadway network. Looked at what capacity of roadway network would be in terms of service levels (ranging from Level of Service MAM, which is free flow traffic to Level of Service "D" where there would be substantial delay). 3. Looked at different areas in the Naples Cay vicinity and pro- jected what the traffic will be at build-out (assuming that build-out will be in 5-10 years) Page 14 FEBRUARY 9, 1988 Mr. Archibald noted that the overall analysis indicated there are some problems in different areas as he referred to the exhibited case study. He stated that currently Case II shows 436 vehicles today, which are pri~arily from two condominium developmenta which exist and construction traffic from current activities in Naples Cay. He noted that the capacity of Seagate Drive at this location is thousands of cars per day rather than hundreds of cars, adding that current Service Level is very good, fa~ above Service Level "A". He stated that Point 2, to the east along Seagate Drive, consists of traffic from Naples Cay as well as the Seagate Subdivision, which is approximately 1,100 vehicles per day. Mr. Archibald indicated that Point 3 includes traffic from the hotel and the Clam Pass Parking area, which is 3,lOO+ vehicles per day. If ape It Mr. Archibald stated that Point 4 includes Crayton Road, south of the intersection which includes 5,700 cars per day, adding that the Level of Service on Crayton Road is a fairly good level of service, however, as the area grows, the Level of Service will be impacted. Point 5, as noted by Mr. Archibald, is the four-lane segment of Seagate Drive with the current traffic count being 8,700 cars per day. Mr. Archibald advised that the area of Park Shore Drive and Gulf Shore Boulevard comprises Points 6 and 7. He noted that the number of aoveaents on the existing four-lane urban section is Point 6. Point 7 Page l5 aoo( 1111'1r.£ 429 'GO( 111 I'V'¡ 430 FEBRUARY 9, 1988 is the traffic count at the Park Shore bridge on the west side. Mr. Archibald stated that as time goes on and traffic increases at Crayton Road and Seagate Drive, a traffic signal will be required for the intersection to function in a safe manner and to handle traffic J8Qvellents. Mr. Archibald noted that Case 13, Item 6 will increase traffic from l2,2S0 to 13,300 vehicles per day, adding that this is not a large amount for a four-lane intersection, but when considering the lnter- sec~ion at Park Shore Drive, a bottleneck will result at buildout. He further stated that this volume of traffic has to use the Park Shore tridge, and eventually there w:ll be a problem in capacity of the two- lane road, adding that the CQunty has a long term need to take a look at that bridge for expansion He further stated that Item 7, Case 13, reflects l4,OOO vehicles per day, which will result in some delays in using the Park Shore bridge. Mr. Bob Lockhart of Wilson, Miller, Barton, SoIl & Peek, Inc., displayed an aerial of the subject area and stated that it basically duplicates Mr. Archibald's traffic analysis. He stated that he is assisting the developer in submitting the applications, further 8tating that he is presenting the request for the driveway connections/right-of-way connections to both Seagate Drive and Gulf Shore Drive. He noted that clarification needs to be made, in that, the developer is looking Cor controlled access, noting that the Page 16 ""--'... FEBRUARY 9, 1988 request is for a controlled guard house mechanism that will limit ~hc i~;~~:: ~~~ ~~r~~~ t~ h~~h ~~j~~~nt neighborhoods for the residen- ces of Naples Cay only and for emergency vehicle access and any poten- tial needs for evacuation i~ the event of a hurrican~. Mr. Lockhart indicated that he feels the capacity for additional traffic is greater than what is indicated in the survey. He stated that Gulf Shore Blvd. is a straightforward north/south, with no major intersections, further stating this is not the case of Seagate Drive, which has a 90. turn at the point where it turns from east/west to north/south. He noted that this has a factor with regards to the speed to be obtained and the traffic to flow freely on that roadway systeta. He further noted that two factors which need to be brought out froa the standpoint of the options are: opening to Seagate only or to both Seagate and Culfshore. He stated that for an access only to Seagate, traffic will be increased to 155\; looking at the Seagate and Gulfshore connection, the impact on Seagate will be reduced to 65' increase from what it presently can accommodate, however, Gulfshore will only increase 8\. Mr. Lockhart stated that the design of the guard mechanism is pre- Bently under review and modif~cations are being made to accommodate the fire departments' largest vehicle for access around the intersec- tion. Mr. Lockhart indicated that the right-of-way request has a com- , panion to it which is for 25 parking spaces for beach access, noting aoo( lJl1 PAr,t 431 Page l7 1 ¡ ! , ¡ ¡ ! I 1 ! I ! '* 111 'v,( 432 FEBRUARY 9, 1988 that it is the desire of the developer to coordinate the access through the guarded mechanis~ at Gulfshore Boulevard, as well as Seagate, noting that this is to the benefit of the County since it will provide dual access to those 2S parking spaces and not restrict the access from one direction. He indicated that these 2S parking spaces will be combined with the existing parking spaces that are available at the end of Gulfshore Boulevard on the eastern side. The following persons spoke in opposition of the openlng of the north end of Gulshore Blvd. due to the generation of increased traffic which is already a problem, property devaluation, safety reasons, flooding during tropical storms would only allow one bridge (Harbour Drive), lf evacuation became n~cessary. 'l'aPe '5 Mr. Dave Bennett, Park Shore Association Mr. John Berlin, President, Culf Shore Condo. Assoc., submitted petitions from the Allegro, Esplanade Club, Gulfside, Horizon House, LaMer, Meridian Club, Monaco Beach Club, Park Plaza, Surfsedge, Terraces, The Savoy, Solamar, Park Shore Towers, Windsor Court Apartments, Westgate II, Lions Gate and Lausanne bearing 700 signatures in opposition Mr. Richard Baker, Lutgert Companies 'rape " Mrs. Genie Langschied, Gulfshore Boulevard Resident Mr. Mel Thierer The following persons spoke in favor of the opening of the north ~nd of Gulfshore Boulevard North: Mary Lou Houston, Mr. Frank G~rgiulo Mr. Leonard Colwell 'raPe t1 Mrs. Betty Murphy Mr. Robert Clark Page 18 FEBRUARY 9, 1988 A~~iAtAnt ~olJnty A~~nrnøy Wøigøl ~tA~Ø~ thAt thp County Attorney's cffice does not recommend as to the advisability of connectors or vehicular i.pacts, as was mentioned as part of the information that was brought to the Board's attention today, further stating that the County Attorney's office is not involved in the policy decision con- cerning the documents which are part of the package today. He noted that the County Attorney's office has been involved with the developer and Staff with the implementation of the obligations and respon- sibilities of those parties in the 1982 Stipulation and Order of Dismissal of the lawsuit between Naples Cay Development and Collier County. He further stated that the County Attorney's office assisted in the drafting and review of agreements as to legal sufficiency and format. County Manager Dorrill indicated that based on the fact as pre- sented by Staff, the option of a tie-in at Gulfshore Boulevard would see. to be compounded by problems associated with the bridge at Park Shore Drive at buildout. He further indicated that the bridge is the most expensive of all the options to rectify in years to come, adding that if the County can minimize the impact on the bridge now, the future County Commission will be spared from a great deal of expense and problem with trying to improve the capacity in performance of that bridge. He noted that a straight through shot with angled accessed as , opposed to perpendiculÐr access from Seagate Drive to Crayton Road is a subject whose time has come. He noted that he would suggest that Page 19 &OD( JL1l1lP1~t41~~ "-",,-,, ".."" HI< 111,....s. 434 FEBRUARY 9, 1988 the Board authorize Staff to explore some design alternatives to i~prove access to the Seagate Subdivision and not impact the bridge at Park Shore in the future at buildout. cO8aissioner Has.. aoved, seconded by Commissioner Goodnight and carried unaniaously, tbat tbe county Manager and staft be directed to ini- tiat. planning and action with tbe City for a direct connection ot seagate Drive to Crayton Road, thereby reducing the impact at tbe sec- tion where tbe Registry Hotel is involved, and also to include westinghouse for the Registry Hotel to bave an opening into Pelican Bay. In answer to Mr. Bennett, Commissioner Hasse stated that the Board is taking no action today regarding subject request. ... Recessed at 12:45 P.K. and reconvened at 2:00 P.K. with DepUty Clerk Kenyon replacing Deputy Clerk Hoff.an... 'l'ape ,. It- 9B2 BASBåBØTS WITHIN NAPLES CAY DEVELOPKEXT - COKTIKUED TO 3/1/88 Public Works Administrator Archibald stated that because of pre- vious decisions made this date, Staff is recommending that this item be withdrawn and revisited in the future. He noted that some redesign will be required and the developer may be able to indicate the time f ("aIDe. Mr. William Kreuser, representing Naples Cay Master Association, stated that there is a site plan that shows the location of the pro- P~8ed 25 parking spaces in the Executive Summary, noting that Parcel 8 was not a party to the lawsuit settlement in 1982 with Collier County. Page 20 - - - FEBRUARY 9, 1988 H~ noted that the parcel of land that is involved with the litigation is the balance of Naples Cay not including Parcel 8, adding that he is c3ught in a "Catch 22" situation where the court asked and required him to provide 25 public parking spaces with the MCO" of the first bJilding. He noted that there is documentation that Parcel 8 property W3S not required in the settlement to give access to those 25 public p!rking spaces by way of the 60 foot easement that currently gives a~cess to Village Raffelle, Seahouse and Seagate. He stated that he n~s 25 public parking spaces dedicated to the County in order to get t~eir MOO" for the building which should be completed by the end of A?ril. He noted that the complication that further arises is the location of those 25 public parking spaces, adding that they cannot be in the parcel 8 area because it was not an issue of the settlement. H~ noted that he is asking that this be worked out in order to meet t~e stipulation of the lawsuit by granting access and being able to g~t a MOO" without jeopardizing the lawsuit. Assistant County Attorn~y Weig~l stated that his office has con- c~rns based on the 1982 court stipulation for dismissal which resolved c~rtaín issues, but the parking lot continues to remain conceptual as O?posed to practical and built. He noted that Parcel 8 was not directly or indirectly addressed in the stipulation for dismissal, but a~ obligation was placed upon the developer to provide access to the p3rking spaces which was required. He noted that County Staff has been in negotiation for a long period of time on this matter only to Page 2l aoo( jljljlPA~t4l~~ '* 111 w.( 436 FEBRUARY 9, 1988 come before the Board of County Commissioners with another delay. He stated that he would like ð date certain for the continuation of this .atter. In answer to Commissioner pistor, County Attorney Cuyler stated that the map shows the intent of where 'the original parking spaces were to be placed, adding that the County had no objection to this, but the developer wanted to move the spaces to a more convenient place that would be closer to the beach access points. He stated that he had no problem with that except that this has b~en continued for 6 to 9 8Onths in order to resolve this, adding that he would like this con- tinued for no more than three weeks so that he can talk with the deve- loper to find out what is going to be done in order to make these çarking spaces availab!e. In answer to Commissioner Hasse, County Attorney Cuyler stated that prior to yesterday he had never heard any comment that Culf Shore Blvd. had anything to do with par~ing spaces, adding that there has been an allegation to this but he looked through the documentation and the actual settlement and as far as he can see it has nothing to do with Culf Shore Boulevard. He noted that there was no guarantee or pledge that Gulf Shore Boulevard would be opened up in conjunction with these parking spaces. He noted that the County is ready to accept 25 parking spaces in the area located in the backup material, but tho developer has now said that this property is not owned by the developer and he cannot put the parking spaces in there. He indicated Page 22 ,--,."..". FEBRUARY 9, 1988 that within three weeks, he should be able to determine if any of Mr. ~rchibald'~ work and any of the redesign will have any effect on that Ir,atter. In answer to Commissioner Hasse, Mr. Kreuser stated that the 1oca- lion of the 25 parking spaces was the result of about 1-1/2 years of work with three respective beachfront parcel owners, adding that they wanted the 25 parking spaces developed in a manner that would minimize the impact to those 3 parcel owners and would focus the pedestrian traffic from their cars to the beach access point which is the current beach access point on the northern edge of parkshore Unit 5. He noted ~hat the conflict IS that his documentation references access of guard gates and by not having Gulf Shore Blvd. access, they will have to rewrite the agreement. CO8ais8ioner Saunders moved, secon4ed by comaissioner pistor and carried unaniaously, that ttis it.. be continued to March 1, 1988, and that obtaining access easements also be investigated. It- "B3 PHASES II ABD III DEEDED BY AVATAR PROPERTY, INC. - ACCEPTED Public Works Administrator Archibald stated that this is to accept Phase II and Phase 111 deeds from Avatar Property in accordance with a Nov~ber 1983 agreement. He note~ that Avatar has agreed to transfer approximately 1,100 acres to Collier County, adding that Phase I has been previously accepted and consists of approximately 210 acres. stated that on January 22, 1988, the Golden ~ate Estates Citizens He Page 23 aDo,; 111 P.~£ 437 '001 111 ~ar.{ 438 FEBRUARY 9, 1988 Advisory Committee reviewed the matter and recommended that Phase II and Phase III deeds be accepted. He stated that Phase II consists of approximately 230 acres of property and Phase III is approximately l76 acres, adding that in both cases the ^dvisory Committee recom- mended approval of the recording ofthèse deeds and also that the deeds for Phase IV and Phase V be held ~ntil further investigation could be undertaken. He stated that $3,500 will be needed for the title insurance anå recording fees, adding that relative to the taxes on these properties, Phase I and Phase II were part of an exemption that ~as approved in late 1987. He noted that there are taxes that will have to be paid for the Phase III properties, but Staff will be c~ing back to the Board with a consideration to have these taxes exesapt. CO88!ssioner Saunders aoved, seconded by Comaissioner pistor and carried unani.ous1y, tbat tbe Board of County commissioners accept the deeds tor Phases II and III deeded by Avatar Property and to record saa.; that the cash payaent in lieu ot actual land transter tor unit 99, Tract 81 be accepted; and that stat! be authorized to purchase title insurance tor said properties. See Pages 464 - 481 Page 24 - -, ~.,~ FEBRUARY 9, 1988 It- 'tC1 BID 187-1204 FOR TYPE III MODULAR RESCUE AMBULANCE - AWARDED TO iROBTL1XE EMERGENCY VEHICLES 1M THE AKOUØT OF $53,922 Legal notice having been published in the Naples Daily News on tecember 18, 1987, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid 187-1204 for a Type III modular rescue a.bulance until 2:30 P.M., January 13, 1988. EMS Director Greenfield stated that this is for the purchase of a ~odular rescue ambulance from Frontline Emergency Vehicles of pinellas Fark. He stated that there have been concerns of the bid process and the response from the Clerk's office. He noted that the cost of the annual service contract and the 3 year warranty are relating to the same portion of what was the previous contract, adding that in this case, there was a 72 page document and approximately 65 pages are pre- pared at EMS and the rest is done by Purchasing where they add their general bid information and the final page for the bidder to reply to. He stated that in the previous bid specifications, hc looked at an alternative of having an extended !ervice contract because he had heard that these services were available. He noted that he had Fleet Management review those extended warranty programs and they determlned that they were not advantageous to the County because they required a phone contact and approval prior to doing the service and repairs. stated that it was fell that the dollars would not effectively be He recognized on that type of a contract. He n~ted that the service 'DOt 111 w.r 439 Page 25 '* 111,v,£440 FEBRUARY 9, 1988 contract requirement was removed from this particular bid, but when ~he Purchasing Department added their last two pages and sent it out, ~hey did not notice the one statement that said if there is an extended warranty contract to put the figure down. He indicated that the vendors noticed this and they offe(ed, but it is not part of the overall bid. He noted that in the overall bid, there is a $722.00 difference. county Manager Dorril1 stated that the there was a base bid and there was also an add alternate for an extended warranty, adding that it was evaluated on the present contract provided ARA and Staff is recO88ending awarding the bid to the lowest and most responsive bidder, which is Frontline with a savings of $722.00. He noted that he is not proposing that the extended warranty be purchased. Mr. Greenfield slated that one exception that Frontline made to the bid was holding the price for 120 days, adding that this has been ð critical element in the past because more than one vehicle at a time has been ordered, but in this case, there is only one vehicle and the time element is sufficient and the price is good. He stated thet delivery time is ð difference of 30 d~ys and he did not feel that this was critical. Co8aissioner Goodnigbt moved, seconded by Commissioner Saunders aDd carried unanimously, tbat Bid 187-1204 for the 'l'ype III Modular Rescue Aabulance be awarded to Frontline Emergency Vehicle. in the aaount ot $53,922. Page 26 FEBRUARY 9, 1988 It- f'D1 LO.G-1'BRK FIJlABCIBG OF THE MARCO SEWER PHASB II ASSESSKEBT DISTRICT: SKXTB BARJI'EY SELECTED AS t1BDER1fJlInR: STAJ'F TO IŒGOTIATE All AGRBEKENT WXTH WXLBOB, KILLER, BARTON, BOLL , PEE~, FOR PREPARATION OF THE gGInERS REPORT. EXTEUSIOIf OF THE CONSTRUCTION LOAX APPROVED FOR 6 KOKTBS AT 6.54\ WITH C'S BAMK IN THB AMOUNT OF $1,225,000 Utilities Administration Director McNees stated that this item is a number of recommendations associated with the long-term financing of ~he Marco Sewer Phase II Assessment District, adding that Phase II i.prove8ents have been constructed and Staff is in the process of ~otalin9 the assessment cost and are ready to seek financing for the as~essaent district that viii repay the construction of and finance ~he assessments. He stated that the recommendations have been :eviewed by Staff and the Finance Committee. He stated that the first rec~ndation is that the firm of Smith Barney be named as underwriter for this financing because they are already heavily involved with the Utilities Jivision and also involved with the Public Works Division in special assessment projects. He noted that the second recommendation is that the Utilities Division be allowed to negotiate an agreement with the design engineers and the construc- tion engineers for the project, Wi]son, Miller, Barton, SolI & Peek, Inc. for the preparation of the engineers report for the purpose of this financing and the third recommendation is that the extension of the remaining balance or the construction loan be approved for 6 8Onths with C&S Bank in the amount of Sl,225~OOO at 6.54\. Clerk Giles questioned how much Smith Barney will be charging for Page 27 ~OO( 111"...~ 441 --".'-" 111 ",.[ 4 42 FEBRUARY 9, 1988 this issue and questioned if they are charging at the same rate that they charged for the draw-down on the bi-moduls, to which County Manager Dorrill stated that his advise would be to obtain Smith Barney's services at the same rates and fees that they are presently I charging and if they are not prepared to do that, then other options ~eed to be evaluated. CO88issioner GoOdnigbt aoved, seconded by Commissioner pistor and carried unaniaously, that tbe long-tara tinancing ot ~be Marco Sewer Phase II Assessment District be approved: that Smith Barney be selected as the Underwriter: that start negotiate an agreement with wilson, Killer, Barton, Soll i Peek, Inc. tor tbe preparation of ~be engineers report and tbat tbe extension of tbe construction loan for 6 months at CiS Bank at 6.54% in the aaount of $1,225,000 be approved. I~- l1lA BO'DGE'!' MEJlDJŒJrr 88-119 - ADOPTED Coaaissioner Goodnight moved, seconded by Commissioner pistor and carried unanimously, that Budget Aaendaent 88-119 be adopted. ..... c088issioner Goodnight moved, seconded by Commissioner saunders, and carried unanimously, that tbe following items be approved and/or adopted under the Consent Agenda: It.- 114B1 RBSOLU'l'IC. 88-39 PROHIBITING THB OPERATION OF TROCXS ARD OTHBR OOIOIBACIA? VEHICLES I. EXCESS OF on TO. FROM THRO KOVBKE1l'l'S OR PALM D1lIVB AJID GLADES BOOLEVÞ.RD See Page ~47 Page 28 FEBRUARY 9, 1988 I'tea 11482 ~ -ra;....-roC ~~It:l\!. ~1'.P~~! ~'r!:RY ~~~!' !roKBEP.S 529 AIm 538 See Pages J.t4f' - J/.tJ. r It.. '14B3 DISCO~~.O. COPE LABB ASSESSKERT AND/OR TAXIRG DISTRICT AIm APPROVE IIITERIX ROAD KAIJrrE]lANCE BY COtnrrY OR A COST REIKBURSEJŒBT BASIS It- '14B4 coJlSftOC'fiOJl AND KAIIlTEJlMCE SECURITY TO ALLOW RECORDING 07 PLAT 07 MOOJI LAD, nIT I J xt- 114D1 ACCEPT'AIICE OF DAVIS BOULEVARD WATER IMP1WVEKE1I'r SPECIAL ASSESSMENT DIS~C7 SYSTEM AND AUTHORIZATION FOR CONNECTIONS I'fEJI '1402 RBSOLUTIO. 88-40 FIXING DATE, TIME AJID PLACE OF PUBLIC IŒARXllG 70R BLUE HERO. WATER SERVICE SPECI~L ASSESSMENT DISTRICT See Pages 1f50 - 451 I'rEJI 114D3 ~LU'l'IOB 88-41 7IXINO DATE, TIME AND PLACE or PUBLIC HEARIRO 7OR TRXBITY PLACE WATER SERVICE SPECIA~ ASSESSMENT DISTRICT See Pages 4s..~- 457 It.. 'UD4 AWARD BID TO BAlUŒTT BANK OF N~PLES IR THE MOUNT OF $173,000, SEVEN YBAR PXDD RATE AT '.98\, FOR TRIRITY PLACE A!fD BLOB HEROR SPECIAL ASSBSSKEBT DISTRICTS ITEJI'14DS ~PTA»CB OF RIVER.oeD EAST UNIT 3 - SEWER AND WATER J'ACILXTIZS See Pages O.R. Book 1327, Pages 520~525 It- IUD' Page 29 '°0( 111 Plr'l4. 43 ac. 111,v1. 444 FEBRUARY 9,1988 ACCEF1'AJICE OF 1rJ1IDEKERB - VILLA FLORESTA - PHASE I - WATER ABD SEWER FACILI'l'IES See Pages O.R. Book 1327. Paqes 526-541 It- f14J'l BUDvtf ~ua.t"'1' 70R J'tJLL TIn EXERGPCY PLAJOfIIIG nCJDnCIAII IB TBB EKBJtG1DICY KAllAOE~ DEPARTJŒ1II1' xt.. 11472 COLLID COtrJl"lY BAR ASSOCIATIOII TO USE TBB COKKISSION CBAKBERS FOR ~IIII.O CLASSES FOR LEGAL SECRETARIES' Itea '1401 CER'l'IJ'ICATES FOR CORRECTIOR TO THE TAX ROLLS 1987 TAX ROLL 285 2/22/88 xt.. 114G2 Ia'l'JtA cax. TIME FOR IKKATB )íù. 52294 xtea 11403 SA'l'IS~IOR OF LIEBS FOR PUBLIC DCFEWDER See Pages .4 t¿;.. 'ftJ It- 1140 IlIBCBLL&JŒOtJS CORRESPONDENCE FILED AHD/OR REFERRED There being no objection, the following correspondence was filed and/or referred to the various departments as indicated below: 1. Letter dated 01/19/88 from Woody Price, AICP, Director, Division of Resource Planning and Management, acknowledging receipt of final work products pursuant to Local Government Comprehensive Planning Assistance Program Contract and advising that the third payment should be received within 30 days. Referred to ßCC, Neil Dorrill, and David Pettrow. XC filed. Page 30 .' ^ ~ '~ ,~ 2. - _5. FEBRUARY 9, 1988 01/79/99 lpttpr from ~~~rlr~ M. Whi~mir~. Chief. Bureau of Public Safety Management, informing that the Bureau of Public Safety Management has been notified by the Bureau of Justice Assistance Dept. of Justice, that no federal appropriations have been made for the Justice Assistance Act Block Grant Program. Referred to Neil Dorrill, and Jim Giles. XC filed. 3. 2/02/88 Notice Received of 1988 Florida Wastewater Management Seainar sponsored by DER to be held 03/02/88 in Tallahassee, Center for Professional Development and Public Service. Referred to Neil Dorrill and Tom Crandall. XC filed. 4. 02/01/88 letter from Douglaa L. Fry, Environmental Manager, enclosing short form application (File No. 111445865), which involves dredge and fill activities. Referred to Neil Dorrill, Dave Pettrow, Dr. Proffitt, and George Archibald. Xc filed. Received 02/01/88 Public Notice advising that DNR, through the Public Beach Access Advisory Committee will conduct a public meeting concerning beach access on February 8, 1988 at 10tOO A.M. - 5:00 P.M. at DNR, in Tallahassee. Referred to Neil Dorrill, Dave Pettrow, and Dr. Proffitt. XC filed. 6. 01/25/88 letter from '~orge w. Percy, State Historic Preservation Officer, advising that Keewaydin Club has officially listed in the National Register of Historic as of 12/22/88. Referred to BCC, Neil Dorrill, Kevin O'Donnell, and Ron Jamro. XC filed. 01/25/88 letter from Geor~e W. Percy, State Historic Preservation Officer, advising that Naples Historic District has been officially listed in the National Register of Historic Places as of December 17, 1987. Referred to BCC, Neil Dorril1, Kevin O'Donnell, and Ron Jamro. XC filed. been Places 7. 8. 01/29/88 letter from Norman R. Hatcher, Jr., Golden Gate Fire Chief, advising that the second Wednesday of every month has been established Cor their regular meetings. XC filed. 01/29/88 Letter of Credit, No. CBF364000, from The Chase Manhattan Bank, N.A., for Moon Lake Development Company of Naples, Inc., for up to the amount pf $235,245. Original sent to Harry Huber, Engineering. XC filed. 9. 10. 01/29/88 Letter of Credit, No. CBF364001, from The Chase Manhattan Bank, N.A., for Moon Lake Development Company of Naples, Inc., [or up to $91,565. Original sent to Harry Huber, Engineering. XC filed. Page 3l aoo( 111"1"~ 445 .. l11w.r. 446 FEBRUARY 9, 1988 11. Minutes: A, 01/20/88 02/10/88 B. 01/07/88 02/04/88 C. 01/0S/88 l2. - CCPC Citizens Advisory Committee end Agenda & 01/2l/88 - CCPC and Agenda for Workshop with BCC - Marco Island Beautification Committee 01/27/88 Notice to Owner from Dan's Plumbing, Inc. advising that plumbing work has been done for the improvement of Collier County Jail under an order given by Collier County Government. Referred to Skip. Camp and Sherry Rynders. XC filed. ... ThPce being no further business for the Good of the County, the , 8eeting wes adjourned by Order of the Chair - Time: 2:30 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL !! t C2-.M ~ ~ ARNOLD LEE GLASS, CHAIRMAN ., """"" '. .' \. -) " ", ..' " """""v'. ""'")"""/~'" c', A~J'..t':~".."...",.", . J~ ~~~C¡I.LËS, k~~K : ., : ' ~ " : ~ : ~. ~, ~ ~ . . . -"'?'2.' . '-4-,. . /~ ~ '. ". £J.( . ,~. ,~:-';iß~~t,~~' approved by the Board on~¿;'.A_-L /5: /?// as pcese~~~~"" ~ or as corrected ,~ " Page 32