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BCC Minutes 07/28/1987 R - - - Naples, Florida, July 28, 1987 LET IT BE REI'1Er-1I3ERED, that the Board of County Commissioners in and for the County o( Collier, and also acting as the Board o( Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "f" of the Government Center, East Naplcs, florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Arnold Lee Glass John A. Pistor Burt L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Beverly Kuetcr and Virginia Magri, Deputy Clerks; Neil Dorrill, County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, County Attorney; Tom Crandall, Utilities Administrator; George Archibald, Public works Administrator; Kevin O'Donnell, Public Services Administrator; Ann McKim, Planning/Zoning Director; Robert Duane, Planner; Leo Ochs, Administrative Serviccs Administrator; Nancy Israelson, Administrative Assistant to the ßoard; and Deputy Chief Ray Barnett, Sheriff's Department. öuG~ 105 W.' Gil .-......... Page 1 -_...__."'.,,"'-"''''..,.....''."~. __..""______"~"""...,,"'.'".~',,""_,~''''''"'.,,,;,,,.,,'''''''",..~"_...._,O>o"'''~'' 1\ ~Gú~ 105 W., 616 JULY 28, 1987 Tape #1 Item #3 ~GEND~ AND CONSENT AGENDA - APPROVED WITH CHANGES commissioner Saunders moved, seconded by Corrumissioner Goodnight and carried unanimously, that the agenda and consent agenda be approved with the following changes: Item #9fl Review of options regarding funding request by ColJier County Economic Development Council - to be heard at 11:00 a.m. Itcm #111133 Repcal of Resolution 86-112 which created a Technical Advisory Committee for Master Plan of Immokalee Airport - Deleted Item #14Gl Recording of agreement for deeds for prearranged burial lots at Lake Trafford Memorial Gardens - moved to Item #1486 Item # lt1G2 Execution of deeds for burial lots at Lake Trafford Memorial Gardens - moved to Item #14B7 Item #5A EMPLOYEE SERVICE AWARD - PRESENTED Chairman Hasse presented Employee Service Award to the following employees: William Wagner Emergency Management 5 yr:s. Item #6Bl ORDINANCE 87-55, PETITION R-86-30C, CONLEY & BAKER REPRESENTING WHISPERING PINES, INC., REQUESTING ~ REZONE FROM A-2 TO RSF-3 - ADOPTED WITH STIPULATIONS Legal notice having been published in the Naples Daily News on June 26, 1987 as evidenced by Affidavit of Publication filed with the Page 2 - .. - - - - JULY 28, 1987 Clerk, public hearing was opened to consider an amendment to the Comprehensive Zoning Regulations by changing the zoning classification of property located approximately 1 mile north of Immokalee Road, just eðst of Imperial Golf Estates. Planner Duane stated that this petition is a continuation of a request previously heard by the Board for a rezone allowing 150 dwelling units on property which consists of approximately 82 acres. He said that lands to the north, east and south are undeveloped and lands to the west contain a lake, golf course, and single-family dwelling units. Mr. Duane advised that the CCPC recommended denial on this peti- tion and the unresolved issue was access to the development. He stated that since that time the petitioner has met with the Imperial Golf Homeowners Association and they have reached an agreement. He stated that the Board needs to determine whether the petitioner will be required to dedicate land to extend Airport Road. He said that Public Works Administrator Archibald will discuss the merits of vacating the right-of-way and diverting the capacity of Airport Road and adding additional lanes to Livingston Road. Mr. Duane stated that the petition is in compliance with the Comprehensive Plan and the petitioner has agreed to all Staff stipula- tions with the added stipulation that no more than one-half of the 150 dwelling units proposed will be constructed prior to the completion of Livingston Road. Page 3 tOú'~ 105 fVr 61 '7 - .."'....,_,,"'___"'·_,,_,...,'_4';..,O,~~_"";.;.,',........, ""'.." "'.-"".- toú~ lOS F~(·\ 61ß JULY 28, 1987 In answer to COI1I~,issioner Glass, Mr. Duane stated that Stipulation "x" is no longer being required by the Fire Department, since access through Imperial has been resolved. Attorney Frank Jlaker, representing Whispering Pines, Inc. stated that the emergeGcy access on Eastwood Drive in Palm River will no longer be neccssðry becðusc they will have a new fire station near Livingston Road and that access will be sufficient. He stated that they have met with the Imperial Golf Estates Homeowners Association and reached an access agreement. He stated that in the agreement the petitioner has agreed to ccrtain conditions. lie outlined those con- ditions as: 1) heavy cquipment will use an alternate route and 2) access through Imperial Golf Estates will not be used until Livingston Road is in place. Mr. Baker stated that many people feel that Airport Road should not be extended. Hc said that if Airport Road were to be extended straight north it will go through a very sensitive existing cypress head and permits will be difficult to obtain. lie stated that Livingston Roaà will turn and pick up the corner of the petitioner's property and will be within ~ mile of the Airport Road extension. In answer to Chairman IJasse, Mr. l3aker stated they have sevcral options on the acccss [or heavy equipment. He said that one option is to seek approval to go through Quail Crossing and the other is to use the current utility eascment systems. He noted that once the heavy equipment is in place it will remain on the property. He also noted Page 4 - - - "...,~.."..,,--_...".,.>_.,--- --'-''-''---'--'''--' _._._-.. .._..~ - - - JULY 28, 1987 that any private right-of-way which is not approved, wi 11 not be used. Commissioner Pistor asked Mr. ßakar if it may be possible to work out something with the developer and the County to gct Livingston Road started immediately. lie said they could then use Livingston Road for the heavy equipment and no one would be inconvenienced. Mr. Baker stated that it is not his money, however, if some sort of a rebate could be worked out for the front end money, they may be able to work out something to gct Livingston Roed star 2d. Mr. Jack Jenkins, President of the Palm l<lver Homeowners Association, sta~cd thcy are concerned aoout hc~vy equipment and construction traffic being routed on Cypress Way East through Palm River. He stated that in ordcr to use Quail Crossing, it is necessary to enter Palm River. lie pointed out that no truck traffic is allowed on the bridge in Palm Rivcr at thc prcsent time. Chairman Hasse stated that it appears that the petitioner will either be disturbing the rcsidents of Palm Rivcr or Imperial Golf Estates and he is not happy with either solution. Mr. Lloyd Shechan, petitioner, stated that they have an agreement with the Palm River Golf Course Association to access through the pro- perty containing their maintenance building. Mr. Jenkins stated that they are speaking about two different pieces of property. He said the property in question docs not contain the golf course maintenance building. Tape .2 ~Gú~ 105 "V' 619 Page 5 ,,,,~__,,_,,,,,__ Io"",,,,~,,,_,_,,_,,,,,,,,,,,,,_~__""'"""""''"""";;',,.,",_.""".."",.....'"""'"-"','~._".,"'''"---~^'"..._~.,.-'''... ..,-.. ."._..,...."...._,......,_.,""......~,-"""..~~- ~OOiÍ 105 r~ .: 620 JULY 28, 1987 In answcr to Commissioner Glass, Mr. Archibald stated that the limits on truck traffic on the Palm River ßridge on Immokalee Road were imposed due to the approaches. lie stated that a few trucks over a period of time will not affect the bridge, however, if there were going to be a lot of hauling, it would negatively affect the bridge. Mr. Baker cxplained that the initial heavy equipment will remain on their property and the only other traffic will be workers going to and from work. lIe staled that if the day to day working traffic is allowed to access through Palm River to Quail Crossing, they will agree to take the heavy equipment in through the Florida Power & Light easement off Immokalce Road. Mr. Jenkins stated they don't object to rcgular day to day traf- fic, as long as the heavy equipment will not be taken through Palm River. He inquired as to wha: type of road will be put in through Quail Crossing, stating their objection to a dirt road. Mr. Archibald stated that a permit is required for the road which will exit Cypress Way East and the County will have control over what is used. In answer to Commissioner Glass, Mr. Archibald stated that Livin~ston Road will be important in the short term as well as the long term. lie said that in the future there is the possibility of this road being 11-laned and possibly 6-laned. lie stated the problems associated with extending Airport Road are that permits will be very difficult to obtain and it is also not practical. He outlined the Page 6 - - - """",,,,,__~___,,",__,,,,,___,_",,_,,,,,,,_,,,,.._,v,,,,,,;,,,,,,,,,,·.",,·.,,,,__,_..",.~_,..".. - - - JULY 28, 1987 area on a map showing that the extension of Airport Road would be in very close proximity to Livingston Road. Mr. Archibald stated that it is preferable to extend Airport Road just a little and curve it to tie into Livingston Road. He said, if more northern routes are needed in 30 years, Goodlette-Frank Road could be extended north of Immokalee Road. lie stated that the distant goals can still be met without the extension to Airport Road. In answer to Commissioner Pistor, Mr. Archibald also stated that there are also houses along the section lines involved with extending Air por t Road. Mr. Archibald then recommended that the Board consider the addi- tional lanes to Livingston Road. Mr. Edward Malone, representing the Imperial Golf Estates lIomeowners Association, stated that after several meetings with the petitioner, the Association has voted, by a margin of over 70%, in favor of the agreement. commissioner Glass moved, seconded by commissioner Goodnight and carried unanimously, that the public hearing be closed. Tape #3 Commissioner Glas~ moved, seconded by commissioner Pistor and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 27 with the following stipulations: 1. All staff stipulations Page 7 &ùú', 105 r!.' 621 ____'_I"""''''''__"".."'·..,'''"''-'-''"'''"..,.,··,,,"··''"''''...·...,-·~'''·,·,·"~,."",,,,,,,.~,,-.. ~¡,ú~ 105 r:',r 622 JULY 28, 1987 2. lIeavy equipment be brought to the property through the F.P.& L easement. 3. Day to day traffic using cypress Way, East be limited to 5 tons. 4. A right-of-way for Airport Road is not to be levied against this developer. 5. It is requested that the petitioner meet with staff to expe- dite the construction of Livingston Road. ORDINANCE NO. 87-55 AN ORDINANCE AMENDING ORDINANCE 82-2 THE CmlPREIWNSIVE ZONING REGULATIONS FOR THE U~:INCOI<POHATED AREA or COLLIER COUNTY, FLORIDA, BY NIr-:NDING THE OfFICIAL ZONING ATLAS MAP NUMBER ~8-25-6 BY CIIANGING TilE ZONING CLASSIFICATION Of TilE IIEIŒ IN Dr:SCR I BED PROPERTY LOCATED APPROX IMATELY I 1'1 I LI': NOlnll OF IMMOKALEE IWAD, JUST EAST OF IHPP.I<IAL GOLF ESTATES, SOUTII 1/2 Of TilE SOUTHWEST 1/4 01" SI':CTION 13, 'l'OWNSI1IP ~8 SOUTII, RANGE 25 EAST, + 82 ACRES, fROM A-2 TO I<SF-3 FOR 150 DvœLLIÑG UNITS; AND BY PROVIDING FOR AN E[,"F¡;;CTIVJ~ DATE. See pages' ¿, 7 ~ - Cø ð'1 Item #6B2 ORDINANCE 87-56, PETITION R-87-5C, YOUNG, VAN ASSENDERP, VARNADOE ~ND BENTON, P.A., REPRESENTING PORT OF THE ISLANDS, INC., REQUESTING ~ REZONE FROM C-4 TO RMF-16 FOR MULTI-FAMILY UNITS - ADOPTED Legal notice h~ving becn published in the Naples Daily Ncws on June 26, 1987, as evidenced by Affidavit of publication filed with the Clerk, public hearing w¿s opened to consider an amendment to the Comprehensive Zoning Regulations by changing the zoning classification of property located on the east side of Newport Drive approximately 1,500 feet south of U. S. 111. Planner Duane stated that this request to rezone a .55 acre tract Page 8 - - - __ _.. 1*1 . 'n'llt. .,..__ _ Iti ~ ~ "",".~.."",.____",..,_."",_,..",,,,--,,,__.,,,__.,,.,,,'h"~',""'#"".'<;'^""-""" "~"_""'"O."'"·;''''' ~._~,_ .. .. .. JULY 28, 1987 to allow the development of the site with a maximum of 9 multi-family units. He stated that the petition is in compliance with the Comprehensive Plan and has received a recommendation of approval from both Staff and the CCPC. He said the petitioner has agreed with all Staff stipulations and there are no outstanding issues. In answer to Chairm3n Hasse, Mr. Duane stated that the maximum height of the zoning classification is 100 ft. Attorney George Varnadoe, representing the petitioner, stated that two and three-story buildings are being proposed. He stated that the change being requested allows for a greater height, however, the .55 acres will be used to buffer the C-4 zoning. commissioner pis tor moved, seconded by commissioner Goodnight and carried unanimously, that the public hearing be closed. commissioner Goodnight moved, seconded by commissioner pistor and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 27. ORDINANCE NO. 87-56 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIOA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 52-28-2 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIßED PROPERTY LOCATED ON THE EAST SIDE OF NEWPORT DRIVE, APPROXIMATELY 1500 FEET SOUTH OF U.S. 41, (PORT OF THE ISLANDS) IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, + .556 ACRES FROM C-4 TO RMF-16 FOR MULTI-FAMILY UÑITS; AND BY PROVIDING FOR AN EFFECTIVE DATE. Pagc 9 ~Gú~ 105 P),r.í 623 ~ù¡¡~ 105 r~··.r 626 JULY 28, 1987 Item ~6D3 ORDINANCE 07-57, PETITION R-07-6C, ~RK L~MOUREUX, REPRESENTING MARIO AND NICK LAGRASTA, REQUESTING ~ REZONE FROM RSF-l TO PUD TO DE KNOWN AS VANDERDILT VILLAS - ADOPTED WITH STIPULATIONS Lcgal notice having been published in the Naples Daily News on June 26, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an amendment to the Comprehensive Zoning Regulations by changing the zoning classification of property from RSF-l to "PUD" known as Vanderbilt Villas. Planner Duane stated that the subject property is on the east side of Vanderbilt Drive approximately ],800 ft. north of the intersection of Illth Avenue, North and Vanderbilt Drive. He said the property consists of 11.9 acr~s and is proposed for 79 dwelling units. He noted that the lands to the north, east and west are undeveloped; to the south are undeveloped with a provisional use for a cemetery; with the existing cemetery further to the south. Mr. Duane stated that the request is in compliance with the Comprehensive Plan and Staff is recommending approval. He noted that the CCPC recommended denial of the petition stating concerns about inadequate separation, distance and density of the multi-family por- tion of the project. Mr. Duane advised that the proposed project has a gross density of 6.5 dwelling units pcr acre, however, approximately 54 units would be in the front portion of the project in three-story buildings. He stated that the front portion of the proposed project results in a 1'ilge 10 ~ ~ 1 ---, ___'"'^'..."."..,."....,......"_w_,.,__...._....·""··_".""·t """._-~,,-".__..--~--_.._''''''''....,_..~ ~ - - JULY 28, 1987 density of 16 units pcr acrc, which is much highcr than surrounding projects. Mr. Duane statcd that adjaccnt propcrty owncrs cxprcssed some con- cern at the CCPC hcaring that the lots wcrc not wide cnough. IIc stated the PUD calls for lot widths of 70 ft. and the speakcr felt the lots should be 80 ft. to uphold the integrity of the area. lie stated that this issue has not been resolved. He also stated that Staff ori- ginally requested access to the adjoining parcels, however, the adjoining property owner did not want the project to have access to his property. Mr. Duane stated that because of the changes made to the PUD, the Board may wish to send the petitioner back to the CCPC for their con- sideration, however, the petitioner would like the Board to act on the request today. Commissioners pistor and Saunders expressed concern about lot widths of only 70 ft. Commissioner Saunders stated his feeling that the multi-family portion of the project could not stand alone when considering the density of the project. *** RECESS AT 10:25 A.M. RECONVENED AT 10:35 A.M. *** Mr. Duane stated that thc Staff requirement to provide access to adjoining properties is no longer necessary and the petitioner has agreed to all other stipulations Mr. Mark Lamoureux, representing the petitioner, outlincd the pro- perty on an aerial map showing Naples park Elementary School and Page 11 BOOK 105w'627 ""'-''''~'"''''''''''q''''''~'''''''' ~.-~-- ----.--- .,-, - ':~~~ 105 r.\'.! ß28 JULY 28, 1987 stating that the Collicr Devclopment Corporation owns the balance of the surrounding propcrty. Hc stated the propcrty is currently a golf driving range. He statcd that through various mcetings the petitioner has agreed to all Staff stipulations. lie said the petitioner also agrees to make the lots 00 ft. wide which will reduce the single- family units from 25 to 22 units. Tape 114 Mr. Richard Henderlong, Collier Development Corporation, and Mr. Paul Muenzer, Collicr County School Board, requested clarification that no access will bc provided to adjoining properties. Mr. Duane assured them that the stipulation for access had been deleted. In answer to Chairman Hasse, Utilities Administrator Crandall stated that there is water but it is questionable as to whether the plant can handle more and it is a very poor situation. He stated they are in the process of running larger mains to this area, however, how much this will help will be determined after the lines are connected. Mr. Lamoureux statcd that water was thcir main concern also. He stated that it will be a residential neighborhood and their criteria was adequate firc flow. He stated the minimum water flow required is 750 GPM at 20 PSI at the most remote point. He submitted a letter from the North Naples Fire Control & Rescue District stating they per- formed flow tests on the two hydrants involved with the following results: lllth Avenue, N. & 7th Avenue, N. 834 GPM and 32 PSI Page 12 - .. - _~",:_"",·~"''''''''1''''__'·····"''''''''O'''''.";''''''''''""_-'''''_'__'''''''"""".-..,.;;..,~,-"""""..."",;,..,.,,,,.....,"~~,--,,.-,~.,=';'''''',~~'" - - - JULY 28, 1987 12945 Vanderbilt Drive = 795 GPM and 20 PSI Commissioner Glass stated that the idea is to ensure a new deve- lopment does not rcduce the fire flow. Mr. Crandall stated that tests taken at this time of ycar do not reflect the problems of the winter dry season. Chairman Hasse stated that he does not want new developments put in at the expense of those rcsidents already living in the area. commissioner Glass !loved, seconded by commissioner Saunders and carried unanimously, that tho public hearing be closed. commissioner Saunders moved, seconded by commissioner Glass and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into ordinance Book No. 27 with the following stipulations: 1. No certificates of Or.cupancy are to be issued until there is an adequate water supply in the area (March, 1988) 2. single-FamilY lots are to be 80 ft. wide. ORDINANCE NO. 87-57 AN ORDINANCE Ar-1ENDING ORDINANCE 82-2, TIlE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, f[.QRI[1A, BY AMENDING THE ?ONmG AT[,AS MAP NUMBER 118-25-5 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN . DESCRIBED REAL PROPERTY FROM RSF-l TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS VANDERBILT VILLAS FOR A MAXIMUM NUMBER Of 76 DWELLING UNITS (22 SINGLE-FAMILY - 54 MULTI-FAMILY) FOR PROPERTY LOCATED ON TIlE EAST SIDE OF VANDERBILT DRIVE, APPROXIr-1ATELY 1800 fEeT NORTH Of TIIC INTERSECTION OF IllTH AVENUE, NORTH AND VANDERBILT DRIve IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, 11.974 ACRES; AND PROVIDING AN EFFECTIVE DATE. Page 13 aOOK 105 w.r G29 ,. -...-,.,....... ""'_'~""'~"","-".,.,_._,..~".._".",~>-",-- - - - JULY 28, 1987 Item #6B4 ORDINANCE 87-58, PETITION PDA-B7-7C, COASTAL ENGINEERIHG CONSULTANTS, INC., REPRESENTING WHISPERING PINES, INC., REQUESTING AN AMENDMENT TO IMPERIAL WEST PUD - ADOPTED Legal notice having been published in the Naples Daily News on June 26, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an amendment to the Imperial West PUD to COlrect a scrivener's error in the legal description. Planner Duane stated that this request is to amend the previou:;ly approved PUD Document of Imperial West to introduce two additional permitted uses for zero lot line and group housing units and to reduce setback from 25 ft. to 0 ft. along the west side of the F.P. & L. easement. He said the petitioner has amended his request to reflect Staff and CCPC recommendations. Mr. Duane advised that the eepe also recommended that the peti- tioner be exempt from the Subdivision Regulation requiring clearing of the entire road right-of-way for the purpose of preserving vegetation. In answer to Chairman Hasse, Mr. Duane stated that these are the only two changes being made and the other requests for setback variations have been withdrawn. commissioner Saunders moved, seconded by commissioner Glass and carried unanimously, that the public hearing be closeð. comm~ssioner Saunders moved, seconðed by commissioner pistor and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 27. Page 14 aDOK 105 PI'.; 631 "...."_""~_".."_,."..,,..""'.,"""'.,...,..,_"'~.'""""""i_. .... ___.m"._~~_".,.""_"___",, ~Oú~ 105 r~r,\ 632 JULY 28, )987 ORDINANCE NO. 87-58 AN ORDINANCF. Ar-ICNDING AND CORRECTING ORDINANCE 82-80 WHICH ESTABL1SHF.D THE IMPERIAL WEST PUD, BY AMENDING SECTION I TO COHHECT A SCRIVENER'S ERROR IN THE LEGAL DESC~IrTI0N, SECTION 3.4 - USES PERMITTED AND SECTION 3.5.2 - MINIMUM YARDS; AND BY PROVIDING AN EFFECTIVE DATE. See Page to J7 d., ... RECESS ~T 10:55 A.M. RECONVENED AT 11:00 A.M. ... Item #9F1 FUNDING REQUEST BY COLLIER COUNTY ECONOMIC DEVELOPMENT COUNCIL ~ CONTINUED TO AUGUST 18, 1987 Assistant to the County Manager Olliff stated that the Economic Development Council has functioned within the County since 1975 with the objective of attracting businesses which are compatible with the nature of the area and clean industry to provide stable annual econo- mic activity to help minimize the "off-season" business slump in Collier County. Mr. Olliff stated that EDC is making a two phase request to establish a long-term funding mechanism through the increase to Occupational Licensing fees and a request for interim two year funding of $150,000 until the increased Occupational Licensing fees can be collected. Mr. Olliff stated Staff has outlined the following options for the Board's consideration: 1. No funding. Simply deny the request and force the EDC to be self-suppor ting. 2. Creation of a County Department with same funding. He said that in some counties the EDC function is handled within the county's organization. He said the negatives to this option Page 15 - - - ._-"'" - - - JULY 2B, 19B7 are having another County department and the loss of con- fidentiality necessary to EDC. 3. Partial or full funding of their request through a minimal type contract. He said the negative to this option is the lack of County control and the lack of incentive to increase their membership and dues revenues. 4. Partially fund their request and establish a very strict and stringent contract to make them responsible to the County. Mr. Olliff advised that the State is allowing an increase of up to 50% in occupational License Fees which would result in an annual reve- nue of ~ $150,000. He stated that this money is allowed to be targeted to purposes such as EDC. He stated that Staff recommends that the County fund 535,000 of the 575,000 for the coming year and the EDC obtain a tax anticipation note for the balance. Mr. Olliff stated that this decision is strictly a policy decision and the options are being presented for consideration only. In answer to Chairman Hasse, Mr. Olliff stated the County has contributed $20,000 each year for the past two years to EDC. Mr. Jack Humphrey, EDC, stated that EDC is not broke. He said that more dollars are needed for effective competitive advertising and Industrial Revenue Bonds are no longer a funding source. Mr. Humphrey displayed a chart of EDC revenue sources and projected budgets for the coming years. Tape '5 Mr. Robert Wallace, president of EDC, presented a slide presen- tation on the history of the EDC, economic factors, employment projec- Page 16 ~QQ~ 105 p~r., 633 m~ 105 r~'.' 634 JULY 28, 1987 tions, companies brought into the area by EDC, and membership analyses. lie requested the Board to increase their contribution to $150,000 by increasing the Occupational License fees stating that Collier County must compete with other counties to provide stability in month-to-month employment levels. Mr. Humphrey advised that EDC also assists current businesses within the County. Chairman Hasse stated that EDC's record is exceptional and great in-roads have been made. He stated his feeling that the County has prospered by EDC efforts and he would like them to continue as a pri- vate organization. In answer to Chairman Hasse, County Attorney Cuyler stated there is specific statutory authorization for the increase in Occupational License Fees and the money generated can be given to a private enter- pise, such as EDC. Commissioner pistor stated that the idea of raising the Occupational License Fees has been under discussion for several years. He stated the reason this wasn't done before is because the Chamber of Commerce requested the Board to wait. He stated his feeling that the whole fee schedule should be rcviewed and revised since some busi- nesses are paying too much while others are not paying enough. Tape #6 Mr. Rex Ashley, Naples Area Chamber of Commerce, read a resolution supporting the efforts of EDC and their programs. He stated that the Page 17 - - - - - - JULY 28, 1987 Chamber of Commerce feels that everyone in Collicr County benefits from this organization and it should be supported from the widest possible tax base. Mr. william Snelling, Ms. Mary Ann Summy, Mr. Gary Carlson, Mr. Edwin Porter and Mr. Jim McGrath stated that while they are in favor of EDC and the job they arc doing, they do not feel that the organiza- tion should be fundcd by the County. They stated that Collier County will continue to grow with or without the EDC and they feel the busi- ness community should support the organization. Mr. Dick Bottoff , Mr. Tony Maran, Ms. Val Austin, Mr. Jeff Fridkin, Mr. Dudley Goodlette, and Mr. Bill Barton stated there is a difference between growth and the quality of growth. They stated that the EDC is working to insure that Collier County growth is compatible with the nature of the area and this function is extremely important. They stated that using occupational License Fees is the best way for the business community to support quality business growth in Collier County. They requested the Board to approvc EDC's request. Mr. J. Sandy Scatena urged the Board to choose the no funding option presented to them. He said the County already contributes $20,000 per year with no accountability and the County and city pay Trustee Dues of $1,000 per year. He stated his feeling that if the County needs to raise the occupational License Fees, the extra money should go to the County. Also, that the County cannot justify cutting County departmental budgets, such as the Sheriff, and then give money ~OQ~ 105 w.t 635 Page 18 ~_....,.,-_..,.,,~,_. ~Oú~ 105 rÂ'.[ 636 JULY 28, 1987 to a private organization. Tape t7 Mr. Grant Smith, r-1r. Thomas Garlick and Mr. Robert McMichael stated they were cach rccruited and assisted in relocating to Collier County through thc dircct cfforts of thc EDC. Thcy stated this is a vital function which must continue and that the EDC is totally dif- ferent than any othcr typc of private organization because the bene- fits are returncd to thc County. Mr. Mike Watkins, Collier County Hotel/Motel Association, read a letter supporting this issue and strongly recommending that the Board use the Occupational License Fces to support EDC. He stated they encourage retention of EDC's autonomous Board of Directors. He stated they do not eagerly accept an increase in occupational License Fees, but support the measure, providing 85% of the increased revenues go to EDC and 15% goes to the County. Mr. Russ wimer, self-employed businessman, stated that he is very much in support of EDC, however, it was set up to be self-supporting. He stated that this is not the first time EDC has come to the County for money. lie statcd his feeling that the County should make no financial contribution at this time, but rather work with EDC to rede- fine their goals and hclp them to move forward on a self-supporting basis. In answer to Commissioner pistor, Mr. Ashley stated that the Chamber of Commercc did help review the Occupational License fee sche- Page 19 - - - "we_'"'' _..,..,..,,,.,.,,,,,.,.,,--,...,._-,,,>,- .. .. .. JULY 2B, 1987 dule and the outcome was that the County's schedule was outdated and inequitable, however, there was no great demand to change the sche- dule. Clerk Giles stated that EDC is not here bccausc of a decline of membership dues, but because there was a discontinuation of Industry Revenue Bonds. Hc statcd that a law was passcd to specifically pay for this type of activity, however, the Board must decide what type of benefit this service is to the County. He suggested that if the Board wishes to "look at funding, they consider matching the dollars the organization generates. He stated that in this way they have a measuring point of the service being provided. Commissioners Saunders and Pistor agreed with Mr. Giles' suggestion, stating this will insure the continuing support of the business community. In answer to Commissioner Saunders, Mr. Olliff stated that the Tax Collector could not implement this fee until 1988 and then the money must be placed in escrow for a period of one year. Tape #8 Also in answer to Commissioner Saunders, Mr. Cuyler stated he believes there could be a sunset clause in the Ordinance, however, he stated he would like to research this question. Commissioner Glass stateL that Mr. Wimer's suggestion has a great deal of merit and he would like to make certain that the EDC and the County have the same philosophy on the role of EDC. ðOO~ JL()~rA~rf)~r¡ Page 20 ~OOK 105 r:.'.: 638 JULY 28, 1987 Commissioner Glass moved, seconded Þy Commissioner Goodnight and carried unanimously, that commiasioner pistor, county Manager's staff, county Attorney's Staff, Clerk Giles' staff, and previous commission members who worked with EDC meet with EDC Staff to review philosophies and goals and report back to the commission on August 18, 1987. ... RECESS AT 12:55 P.M. RECONVENED ~T 2:00 P.M. ... Deputy Clerk Magri replaced Deputy Clerk Kueter Item #6B5 ORDINANCE 87-59 RE PETITION R-87-3C, COAGTAL ENGINEERING, RE REZONE FROM A-2 TO C-3 "ST" FOR PROPERTY AT N.E. CORNER OF C.R. 951 & US 41 - ADOPTED Legal notice having been published in the Naples Daily News on June 26, 1987 as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider an amendment to the comprehensive zoning Hegulations by changing the zoning classifica- tion of prop0rty located at the northeast corner of U. S. 41 and C.R. 951 from A-2 to C-3 "ST". Planner Robert Duane said that this request is to accommodate a restaurant and bank in a C-3 zone consisting of approximately four acres. He noted that the three other corners of the intersection are currently zoned commercial. He said that the recommendötions from the Planning Staff is for approval. Also, the cepe has recommended approval subject to the stipulation that if the property is used for other than a bank and restaurant that they have the right to review the site plan. lie noted that the petitioner has agreed to all of the Page 21 - .. - ,,,,,.,,>_.,,.,"_..",--'~'."'>'- '111,..---.... - .. ... JULY 28, 1987 stipulations in the Staff Report. Commissioner Pistor noted that Public Works Administrator Archibald has plans in the future to six-lane 951 to U.S. 11 and said that he wants to be sure that there is enough space in the right-of- way to put in the other two lanes. Mr. Archibald said that they are making provisions for 15 feet for future expansion. commissioner Pistor moved, seconded by Commissioner Goodnight, to close the public hearing. Motion carried 5/0. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimou~ly, the Petition R-87-3C be approved with the stipulations as noted above and that Ordinance No. 87-50 as numbered and titled below be adopted and entered into Ordinance Book 127: ORDINANCE NO. 87-59 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 NUMOER 51-26-2 BY CHANGING THE ZONING CLASSI- FICATION OF TIll:: HEREIN DESCRIBED PROPERTY LOCATED AT NORTHEAST CORNER OF U.S. 41 AND C.R. 951, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, + 11.02 ACRES, FROM A-2 TO C-3 "ST"; AND BY PROVIDING FOR AN EFFECTIVE DATE. Item #6Cl CREATION OF GRIFFIN ROAD PAVING ASSESSMENT DISTRICT - CONTINUED TO AUGUST 25, 1987 Legal notice having been published in the Naples Daily News on July 7, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the creation of a paving ~oo~ 105 r~r.¡ 639 Page 22 ------_._~,,--- "__O_~_""'_'__"_'___'_'''''''' _ ----"-_..'""...-~-~,-, m~ 105r:'.! 640 JULY 28, 1987 aSSessment district to b0 known as Griffin Road Paving Assessment District. Public Works Administrator Archibald said that Griffin Road is an unimproved lim~rock road, south of U.S. ~l, west of Barefoot Williams Road, consisting of 2860 lineal feet. He noted that the project has a lengthy background, the pctition having bC0.n submitted in 1980 and staff directed to addrcss a number of problems. He said that in the intervening years som~ of those problems wcre addressed, such as trying to find outfall for drainage on the road, providing right-of- way, completing design for a 25-year flood and, as a result, have computed their esLimate based upon current estimated total cost of improving Griffin Road to current County standards. He said that in 1980 the cost was estimated to be $lOO,OOO or $l8.100 per front foot. Because of elevation and road construction, he said the current estimate is $190,000 and $35.CO per front foot. He said that the Board should consider today if the owners want to proceed with the project, or at least the next phase to complete the design and obtain proposals. Commissioner Pistor noted that the foundation of the road is essentially there and asked if it could be improved with a surface, such as a couple of inchcs of asphalt? Mr. Archibald said thc the road needs a lot of fill to bring it up to the acceptable grade, but the biggest cost of the project lies in the private driveways, i.e pipe, drainage, slopcs. Page 23 - - - --""",'~"...,,",-,",- ~"'-';'--"'--"--..,._,,,. ~---''".- ".",,,,~,"q~,.,,~..,,.,~,,,,~--,,,,,,.-_-,,-.._--..__....._,.,,,,,.," '·';··-~,.'H"·"~__,,,··_.",;«.,·_,·,,,..,.,",,O ~.-",,-"'---,,-=," - .. - JULY 28, 1987 Mr. Archibald noted that he has received two letters, one from Mr. Quaintance, and one from Mr. & Mrs. Ashworth, objecting to the cost. Mr. Dan Goodacre said he is favor of the road, but is concerned with the cost, noting that the estimate has increased 45\ in 3 years. He said that the Road Department has been working on this project for 6-7 years and his total assessment will be $22,000 and the cost of his land was not much more than that. He asked for a compromise. He said that he went to a private contractor and his estimate for doing the road was one-half of the County's estimate. Mr. Goodacre asked if the Board could lengthen the payback period, and if the road district is created, is it irrevocable? Mr. Archibald said that the resolution creating the district could be revoked, and it is possible to ride along until the demand for the road increases. Tape #9 Commissioner Pistor advised Mr. Good~re that one of the reasons it was as held up was because the County could not obtain the right- of-way. Replying to Chairman Hasse regarding the width, Mr. Archibald said that they have a right-of-way problem that he feels they can overcome~ Also, he said the first two parcels that front Barefoot Williams Road have been exempted because they have direct access to that road. County Manager Dorrill pointed out that they have never had more than about 60% of the affected property owners willing to proceed Page 24 ~OOK 105 W.[ 641 .............----..,,<'-. -" ..-.~ r ·---""..~",."...,..~,_,_...~'_.;M"~_ ~OQK 105 pÂr., G42 JULY 28, 1987 with the project. Mr. Dorrill said that as an alternative they could create a taxing district and perform the maintenance on a limerock road, but that would not do anything for the drainage problem. Mr. Ronald ßutt, Griffin Road resident, said that the road does improve the property but he is upset with the cost. Mrs. Dorothy Thorton, Griffin Road resident, said that if they scrape the road and do nothing with the ditches it will not do any good. Mr. Dick Braun noted that there are two road contractors in Collier County and sugg8sted that before the Board let anymore bids out for roads that they solici t bids and get more competition. Mr. Dorrill pointed out that one year ago there were three firms and one has been acquired by one of the three, leaving two firms, and that until such time as other firms can see enough work in Collier County they will not set up business here. He said that all road related work is advertised. Commissioner Glass moved for a 30 day continuance in order for residents to meet with the Public Works Department and to corne back with an agreed upon position. Commissioner Saunders seconded the motion which carried 5/0. Item #6C2 RESOLUTION 87-166 RE PETl.TION SNR-87-4C CHANGING OAKS BOULEVARD SOUTH TO NAPA BOULEV~RD IN THE VINEYARDS - ADOPTED Legal notice having been published in the Naples Daily News on July 12, 1987 as evidenced by Affidavit of Publication filed with the Page 25 - - - ,.-.r_, ..'.'.'"......'.'''''''-.-,.,-......''''' "·"""",,,>··_~,,,",;o'____""'"h'''''''"'_''''>''''' - - - JULY 28, 1987 Clerk, public hearing was opened to considcr a street name changc from Oaks Boulcvard South to Napa Boulevard. Planning/Zoning Director McKim said the Vineyards Development Company is requesting the name change from Oaks Boulev~rd South to Napa Boulevard, which runs north and south between lOth Avenue, ~.W. and the proposed Vineyards Boulevard. She noted that there will still be an Oaks Boulevard which will continue north of Vanderbilt Beach Road. Commissioner Saunder.s moved, seconded by commissioner pistor and carried unanimously, to close the public hearinq. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that Resolution 87-166 changinq Oaks Boulevard South to Napa Boulevard be adopted. Page 26 ~OOK 105 w,l643' ~. ~~'-~'-'-"-"'.,."""-"",,, ... - .. - JULY 28, 1987' Item '6C3 ORDINANCE 87-60 REPEALING ORDINANCE 76-11 AND PREVENTING USE OF PUBLIC STREETS/PLACES AS COMMERCIAL LOCATIONS - ADOPTED Legal notice having been published in the Naples Daily News on July 9, 1987 as cvidcncnd by Affidavit of Publication filed with the Clerk, public hearing was opened to consider repealing Ordinance 76-11 which regulated the sale of goods from public places. Public Works Administrator Archibald said that the current ordi- nance prevents streets and other public properties from being used for commercial use. He said that the ordinance has been revised as to what can be done within public rights-of-way, public property, libraries, parks, etc. He said that the proposed ordinance addresses those factors and outlines exemptions, which include placement of newsracks in rights-of-way, which is subject to another ordinance, exempts taxis, busses and fran~hised vehicles. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously that the public hearing be closed. commissioner Pistor moved, seconded by Commiss~oner Goodnight and carried 5/0, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book 127: ORDINANCE NO. 87-60 AN ORDINANCE REPEALING ORDINANCE NO. 76-ll WHICH REGULATED THE SALE OF GOODS FROM PUBLIC PLACES; PROVIDING FOR DEFINITIONS; PREVENTING THE USE OF PUBLIC AREAS AS COMMERCIAL LOCATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING ENFORCEMENT RESPONSIBILITY; PROVIDING FOR PENALTIES, CONFLICT, SEVERABILITY, REPEAL, AND EfFECTIVE DATE. Page 27 ðOû~ 105 p~~~ 645 ._"'._.-...."'-,-,._--_.._--"'...._..,'~ ,···"'~~~··...,"·-"..---~"-___""."..·.x",'..b'....".·~,'",.,,.,,...,~,,"'..__,^,.......,,'~_., toO', 105 p~r.¡ 64G JULY 28, 1987 Item 16C4 RESOLUTION 87-167 RE PETITION CCCL-87-2C FOR VARIANCE OF COAST~L CONSTRUCTION CONTROL LINE FOR A DUNE ZONE WALKOVER ~ND RELATED WORK AT HIDEAWAY BEACH DEVELOPMENT, MARCO ISLAND - ADOPTED Legal notice having been published in the Naples Daily News on July 12, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to considcr a request from the Hideaway Beach Association, Inc. for a variance from the Coastal Construction Control Lil1e for construction of a dune zone walkover, property boundary fence, removal of Australian Pines, and dune restoration. Kate Muldoon, Natural Resources Management Department, said that staff recommends approval of the petition with the stipulations as outlined in the Executive Summary. She said that the walkover will be back 30' from the mean high water line and will not hinder the passage of traffic on the beach. Commissioner Pistor moved to olosed the public hearing, seconded by Commissioner Saunders and carried S/O. Commissioner Pistor moved for the adoption of Resolution 87-167, granting a variance from the Coastal Construction Control Line for a dune zone walkover, proparty boundary fence, removal of Australian pines and dune restoration. Commissioner Goodnight seconded the motion which carried 5/0. Page 28 - - - - .. - JULY 28, 1987 Item '9Al SHORT LIST OF CONSULTANTS FOR ~ STUDY OF COMMERCIAL LAND USE ~ND ~PPROVAL OF PROCEDURE FOR FINAL SELECTION - APPROVED Planner Charles Gauthier said that the allocation of commcrcial land is a critical factor and noted that on June 2, 1987 the Board authorized distribution of a Request for Proposals for a study of commercial land use needs. He said that the recommendation for such a study was made by staff to assist in the redevelopment of the Collier County Comprehensive Plan in accord with the Growth Management Act; to assist in the resolution of certain commercial zoning issues and the moratorium on application of the c0mmercial calculation formula for planned unit developments per Ordinance 87-51; and to respond to ~he heightened interest in urban design resulting from the April 1987 report of the Regional/Urban Design Team. Tape ,UO Mr. Gauthier said that the staff selection committee reviewed the proposals using a set of nine criteria and recommended that the unrònked firms of Adley ^ssociates, Inc.; Economics Research Associates in conjunction with Wallace, Roberts and Todd; and Plantec Corporation make verbal presentations to the Planning Committee and the Collier County Planning Commission and that it then be brought to the Board to approve ranking and begin negotiations. He requested approval of the un ranked short list and the selection procedure as outlined in the Executive Summary. ~OQK 105 PAC., 649 Page 29 -....----. ~oo~ 105 PAt.[ &>0 JULY 28, 1987 Commissioner Pis tor moved, seconded by Commissioner Goodnight and carried 5/0 that the short list and selection procedure be approved. Item #9B1 BID NO. 87-1129 AWARDED TO T~I~I FORD FOR 2 VEHICLES, $19,710. Legal notice having been published in the Naples Daily News on June 29, 1987 as evidenced by Affidavit of Publication filed with the Clerk, sealed bids for intermediate and compact four door sedans were opened at 2:30 p.m. on July 15, 1987. Item #9B2 BID NO. 87-1110 AWARDED TO BETTER RO~DB, INC. IN ~OUNT OF $220,000 FOR BIKEW~Y CONSTRUCTION. PRIORITY LIST ~PPROVED. Legal notice having been published in the Naples Daily News on May 28, 1987 as evidenced by Affidavit of Publication filed with the Clerk, sealed bids for bikeway construction were opened at 2:30 p.m. on June 10, 1987. Public Works Administrato. Archibald said that staff prepared spe- cifications for 20 bikepaths and bid out the total amount of work ~nd at this point in time they are considering awarding, based upon low bid, the first 13 priorities., Commissioner Pistor questioned if all of the bikepaths in one area could be done at the same time so that it would be less expensive? Mr. Archibald suggested that they be a little cautious and that he would rather go ahead and award the bid for the ones that they have the money for. He noted that the bids are on a per job basis. Page 30 - - - . _'."""Ô__"",,,,,, . '~"-....,,,.~'-"'-"_...._--~..,"'~,,._"'""'.~.,"" ~"~,""."""..,."....~,.",-",",."",,"",,,-,,, - .. - JULY 28, 1987 Commissioner Pistor moved to award Bid No. 87-1110 to Better Roads, Inc. in the amount of $220,000 for the first 13 priorities. Commissioner Goodnight seconded the motion. Mr. ~rchibald advised that the remaining money would be used for signing and striping. Commissioner Hasse said that if they can, some could be taken out of sequence. Motion carried 5/0. Item f9C1 PARKS AND RECREATION FACILITIES AND OUTDOOR ~REAS RENTAL POLICY _ CONTINUED TO AUGUST .., '.987 Public Services Administrator Kevin O'Donnell asked for approval of the Parks and Recreation Facilities and Outdoor Areas Rental Policy. He said that appropriate permit changes will be made to allow for the sales tax. Commissioner Pistor said that the County has built many buildings that will be used for various meetings that Come under Class I and Class II and questioned the insurance requirements. He said that he does not recall Golden Gate Community Center carrying that much insurance and he does not believe that the various civic associations carry that much insurance. He said it is questionable and he cannot approve it. Mr. O'Donnell said that the County Commission has already adopted rules for the Golden Gate Center. County Attorney Cuyler asked for a two week continuance. Commissioner Pistor moved to continue this item tor one week, ~Oû~ .105 p~Gr ô51 Page 31 , '''''.~'''''''''''''_"-,,,,,,,~,,,,.....,...",,,-, MOK 105 FF.r 652 JULY 28, 1987 seconded by Commissioner Goodnight. Commissioner Pistor said that if they are talking about recreational things they do need the insurance but if it is just a meeting, they do not need it. Mr. Tom Kalbfus, President of the Marco Island Taxpayers Association, said lhal his remarks are also endorsed by the Marco Island Civic Association. He said that organizations that are chari- table and not for profit and civic and governmental in nature, are going to meet some place else. He said that he believes the Parks Dept. should carry insurance which would COver meetings. He said that hotels and churches and other areas where meetings are held do not require the insurance and recommended that the provision for insurance be removed from the policy. Motion carried 5/0. Item #9Dl ~UTnORIZÄTION FOR BEÄCH & TENNIS CLUB IN LEE COUNTY TO CONNECT TO COLLIER COUNTY SEWER SERVICE - DENIED Mr. Tom Crandall, Utilities Administrator, said that he was approached a couple of months ago by Mr. Snyder of the Beach & Tennis Club, which is located in Lee County, to provide sewer service from the Collier County sewer plant. He said that he asked them to get permission of Lee County Commission before he presented it to the Board. He said that they did receive Lee County's resolution and he asked the County Attorney to prepare a similar resolution for the Board. He noted that this is a policy decision. Page 32 - - - - .. - JULY 28, 1987 Commissioner Pis tor expressed the opinion that the Board should cooperate with Lee County and give approval [or the connection. Mr. Crandall said that the County has thc capacity but the lines, etc. would have to be worked out. David Leigh, Attorney for the Beach & Tennis Club said that it is located on the borderline of Lee and Collier County and Little Hickory Bay and Estero Bay, both of which arc protected waters under DER regulations. He said that sewage flowed into Little Hickory Bay and the DER got involve~ and a citation was issued to the operator in May, 1986 to clean up so that there would not be any flow into the bay. He said that various improvements were made in an attempt to correct the problem. He said that the DER has now filed a lawsuit in Lee County asking for compliance with the effluent rules and that there be no discharge to the surface watcrs except with their prior consent. He said that lawsuit is still pending. He said that they are looking to stop the water that can be contaminated from flowing into the bay. He said it is an impervious area and difficult to build a plant in the area that will do the job. Mr. Leigh said that they appeared before the Collier County Environmental Advisory Council and they recommended approval of their request. To indicate the seriousness of the matter, Mr. Leigh said that the Beach & Tennis Club is willing to pay the $350,000 system development charge fee to the County system and stop pOllution, and that does not include the hookup. ðOOK 105 PV,¡ 653' Page 33 ---~-......, ~OO( 105 W.¡ 654 JULY 28, 1987 Mr. Tom Riddle was registcred to speak but was not present when called. Mr. Jim Spade of Spade Engineering, said that they had a meeting with DER two weeks ago and there nre no problems at this time and he does not feel, personally, that they cannot handle the flow. He said that they own the package plant and it can handle all of the effluent; they have rcnovated the plant; fixed the leak which was creating problems; and ~lso fixed the bank which was torn down and used for a jogging path. He said that DER has inspected the plant and it meets their criteria. County Manager Dorrill said that it is his understanding Mr. Spade has an independently owned but unregulated package plant and that the Beach & Tennis Club is petitioning the Board to'get on their plant and off the the package system. County Attorney Cuyler questioned who the DER has filed suit against and asked the status of the suit. Mr. Spade said suit was filed against him and that the suit has been dismissed. Mr. Leigh said that as of last Thursday the lawsuit was still going and DER was asking for a permanent injunction regarding operation of the plant. Mr. Crandall said that he received a call from the DER a couple of weeks ago and that they arc concerned about the long-term operation of the plant and asked if it would be going before the Board for their consideration and they felt it should be. Mr. Leigh said that a total water flow July through August is Page 34 - - - - JULY 28, 1987 450,000 to 615,000 gallons and peak flows, January through March, is up to 1,550,000 gallons, more than double and sometimes triple and that is the problem. He said that DER still considers this very serious and they have dealt with it for a year and a half and water is still going into the bay. He said that they would not hook up to the County if Mr. Spade's plant was doing the job. Commissioner Pistor asked if the Board could adopt the resolution and if there is a real reason to go ahead with this and the Beach & Tennis Club is willing to spend the money and the County will let them hook up, would there be engineering involved? Mr. Crandall replied affirmatively. Commissioner Saunders asked Mr. Crandall if they are getting involved with some contractual things and if they should provide ser- vice out~idc of the County and, if so, where do they draw the line? Mr. Crandall said that it is very unusual to provide service outside of County boundaries, but it is a policy decision and if the Board decides that it should be done they will work out the agreements and bring them back to the Board. Commissioner Saunders asked how it will effect the ability to pro- vide service to residents in North Naples and Mr. Crandall said that they have the capacity and it will not create an immediate problem. Commissioner Hasse questioned what happens two years from now if the County cannot handle the flow from Lee County and Mr. Crandall said that he did not know. ~OQ~ 105 PAC" 655 Page 35 ~_.,,,,----.- ..'..--.''''".........._'''._ ~ ""M ,,,,,.,_",,,,,_,,,'W_.~"_.~......,,,,,,., ~oaK 105 r,\'.f 656 JULY 28, 1987 Commissioner Saunders questioned if this would cause legal problems? Assistant County Attorney Anderson said that the Board could be l0aving themselves open to attack by those pcrsons that have paid impact fees and have not been allowed to connect to the County facili- ties. Aside from the DER, Mr. Anderson asked that Mr. Spade advise of any other lawsuits. Mr. Spade said that when they removed the bank to make a jogging path the overflow went over the jogging path and that started the litigation. Commissioner Saunders said that the policy decision of providing service across County lines concerns him, as does Mr. Anderson's legal concerns and the on-going litigation. Commissioner Saunders moved to deny the petition. Commissioner Pis tor asked that it be continued and determined if they can or can- not do it. Mr. Anderson said that they can enter into an interlocal agreement with an adjoining county, but his concern comes in with the fact that they have Collier County citizens waiting in line that have paid Collier County impact fees. Mr. Leigh said that he hates to see the matter hinge on a conjec- tual thing and be turncd down. He said that pollution to the bay is the main issue and it will directly affect Collier County waterways. Commissioner Hasse asked what they do if they find out later that they cannot handle the Beach & Tennis Club and Mr. Leigh said that he thought that their $350,000 impact fee was to be used to increase Page 36 - ",-.._,..".","".",..~....,.",--<,,,,~...... - - - JULY 28, 1987 the plant. commissioner Saunders said he is concerned with the policy ðeci- sion to proviðe service beyond their borders and renewed his motion to ðeny. commission Glass seconded the motion. Mr. John Keschl said that it seems that the petitioner was satisfied with Mr. Spade's work and whatevcr action the Board takes is going to have some reflection later on. He said that he is disturbcd that the County may grant this petition and he does not belicve that the County should start taking sewage from Lee County and it needs to be studicd. The motion carried 4/1, commissioner pistor opposed. ... RECESS AT 3:42 P.M. RECONVENED AT 3:50 P.M. ... Deputy Clerk Kueter replaced Deputy Clerk Magri Item I9El TENTATIVE MILLAGE ~TES AND DATES FOR PUBLIC HE~RINGS - APPROVED Budget Director Zalka explained that it is necessary for the Board to establish tentative millage rates for taxes so they may be sent to all homeowners. She stated the next step is workshops and public hearings,when the Board can make any changes to the millage rates with the exception of an increase over what is set today. She advised that the tentative rates being proposed will fund all current and expanded requests of the County Manager, the Courts, and the Constitutional Officers; the first year of the Capital Improvement Element of the Growth Management Plan; and a reserve for future capital outlay of 6 Pagc 37 ~Oú~ 105 p~r,; 55'? ,>..,"_..".<..._-""---"'...._"'"_.._...'"-'"""",.....,-'. ..~.~,--,","~.,.",,-~-,._",...,", , -~ ~oo~ 105 PI.(.¡ f>58 JULY 28, 1987 million dollars, which will make the remaining 4 years of the Growth Management Plan financially feasible. She advised that the capital reserves are included in the Countywide tax rates and in the Unincor- porated area tax rates. Ms. Zalka stated there are a total of 54 tax rates. She outlined the following proposed rates: countywide Unincorporated Aggrcgate 4.69 mills .70 mills 5.26 mills 10.5% 45.0% 21.0% increase increase increase Ms. Zalka noted therc is a change to the Ochopee Fire Control District millage rate in the backup. She stated Staff is proposing a change from 2 mills to 4 'mills to enable the Western Gateway Ambulance Company to go from volunteers to 4 paid employees. Commissioner pistor moved, seconded by commissioner Saunders and carried unanimously, that the following tentative millage tax rates be established: Countywide - 4.69 mills; Unincorporated - .70 mills; and Aggregate - 5.26 mills. commissioner pistor moved, seconded by commissioner Goodnight and carried unanimously, that public hearings on the millage tax rates be scheduled for september 9, 1987 and september 21, 1987 at 7:00 p.m. Item #9F2 REVIEW OF REPORT ON IMPACT FEES - STAFF DIRECTED TO HOLD PUBLIC WORKSHOPS AND D~FT ORDINANCES ON IMPACT FEES BY THE END OF NOVEMBER Growth Management Coordinator Fitzpatrick stated that this report is in response to the Board's request to study impact fees, and advised Page 38 - .. - - - - JULY 28, 1987 that Growth Management Legislation is encouraging impact fees. She stated that the Collier County Planning Commission Citizen's Advisory Committee is recommending level of service standards to the Collier County Planning Commission and the price tag associated with this growth management is 85 million dollars. She stated that all of these costs could be funded through impact fees. Commissioner Saunders stated trat this item was placed on the agenda at his request and he would like to give some direction to staff today. Mr. Gary Carlaon, President, Collier County Builders & Contractors Association, stated that they support growth management. He stated they have worked hard to get the new services sales tax to filter down to the County and will continue to do so. Tape 112 Mr. Bill Jones, Collier County Builders & Contractors Association, stated that everyone knows services cost money. He stated that the money which is needed now is for a shortage of existing services. He inquired as to whether future citizens of Collier County should have to pay for the citizens that are already here? He requested the Board to use impact fee~ wisely and with a lot of thought. He said that if used improperly there will be problems. He offered the services of the Association during the budget process, stating the members have a lot of resources which the County could use. Mr. Ed Smith, Executive Director of the Builders & Contractors Page 39 ~ODK 105 p~(.r 65.9 . ..... .__,,,.__n"'''H .. ,>0__. .._".,_ ,.......... >...,~.._,,, ....,~'"~"_~.,,.,,'" ~"·"M_ &OO~ 105 mE 660 JULY 28, 1987 Association, reminded the Board that they supported increased building permit fees and contractors licensing fees. He stated that the construction industry already pays impact fees of approximately $20,000,000 which are higher than any other County; the licensing fees already contribute $2,000,000 to County revenue; and that one industry should not have to bear the burden of paying for all services. Commissioner Saunders stated that Mr. Jones is correct and impact fees are a thing of the future for all of Florida and the contr~ctors expertise should be utilized when developing the impact fees. He stated that it is time for the Commission to make a decision on impact fees. He said he feels that the County does not have the luxury of sitting back and waiting to see what happens. commissioner Saunders moved, seconðed by commissioner pistor and carried unanimously, that Staff be ðirecteð to conðuct public workshops anð ðraft ordinancea with a range of impact fees for new growth in Parks , Recreation, Libraries, ~dministrative Builðings , Offices, and Solid Waste facilities; anð report back to the Boarð by the end of November, 1987. Commissioner Saunders advised County Attorney Cuyler to advise the Board if he needs any outside help in drafting these ordinances. Mr. Cuyler stated they may need the help since this area is very detailed. Item f9F3 SELECTED STAFFING OF THE COUNTY MANAGER AGENCY - APPROVED County Manager Dorrill stated that he needs Board approval for certain selected staffing within the County Manager Agency. He noted - - - Page 40 - - - JULY 28, 1987 that this information was previously provided to the Board and the changes are as follows: 1. Add one position - Information Clerk to staff a complaint and information dcsk in the lobby of Building "F". 2. To refill existing, but unbudgeted positions - Emcrgency Serviccs Administrator, previously the Public Safety Administrator. 3. Two reclassifications: Communications Coordinator to Department Dircctor of Public Affairs and Deputy Assistant to the County Manager to Assistant to the County Manager. Mr. Dorrill stated there are other items indicated in the Executive Summary which do not require Board approval. commissioner pistor moved, seconded by commissioner Goodnight and carried 4/0 (commissioner Saunders absent), that reorganization and staffing of the county Manager ~gency be approved. Item #9F4 RESOLUTION 87-169, PURCHASE OF GIFTS FOR THE FLORIDA ASSOCIATION OF COUNTIES CONFERENCE SPONSORED BY COLLIER COUNTY - ADOPTED commissioner Goodnight moved, seconded by commissioner pistor and carried 4/0 (commissioner Saunders absent), that Resolution 87-169 authorizing the purchase of Cloth Snapped portfolios, imprinted with the collier county Emblem in a quantity sufficient for distribution to all attendees of the 1987 Florida Association of counties Conference, be adopted. aDOK 105 PA~[ 661 Page 41 -"'._,......._",..,,,"'-,-,.,............._-,_."',,,,..."'-".., - .. - JULY 28, 1987 Item .11~ BUDGET AMENDMENTS 87-369 and 87-381/386 - ~DOPTED commissioner pistor moved, seconded by Commissioner Goodnight and carried 4/0 (Commissioner Saunders absent), that Budget Amendments 87-369 and 87-381/386, be adopted. Item #11C BUDGET AMENDMENT RESOLUTION 87-037 - ~DOPTED Commissioner Goodnight moved, ,seconded by commissioner Glass and carried 4/1 (Commissioner Saunders absent), that BAR 87-037 be adopted. Page 42 ~OOK 105 PAr,! 663 ......... ''''''~-'''';~';'''H''''''_~_,,,,,,,,~ .. .. - Item tllD JULY 28, 1987 REQUEST TO ADVERTISE ~ PROPOSED INVESTMENT ORDINANCE FOR FUTURE ~DOPTION - APPROVED Finance Director Yonkosky stated that in 1981 the Board authorized the Clerk to invest surplus funds of the BCC and the Local Government Surplus Funds Trust Fund. He said that in 1983 the State Legislature broadened the scope of the investment of the County's funds by passing a law allowing Counties to adopt an ordinance to broaden their invest- ment opportunities. Mr. Yonkosky advised that the Treasurer of the State of Florida issued an investment guide for cities and counties. He said that after reviewing the guide it is felt that if the Board adopts such an ordinance the investment opportunities and returns will be enhanced. Mr. Yonkosky recommended that the Board authorize the Clerk to meet with the County Attorney to advertise an investment ordinance and develop a set of policies for approval at a later date. Commissioner Goodnight moved, seconded by Commissioner Pistor and carried 4/0 (Commissioner Saunders absent), that the Clerk and the County ~ttorney be authorized to advertise an investment ordinance and develop a set of policies for adoption at a later date. Item IllE REQUEST TO DESTROY ORIGINAL BOARD OF COUNTY COMMISSION RECORDS AS ~PPROVED BY DEPT. OF STATE - ~PPROVED Finance Director Yonkosky stated this request has been approved by the Department of State, Division of Archives, History and Records ðODK 105 PÂ':¡ 665 Page 43 . -..- .,--~ &OO~ 105 m( GGB JULY 28, 1987 Management. He stated that all original records to be destroyed are available on microfilm. Tape #13 Commissioner Goodnight moved, seconded by Commissioner Pistor and carried 4/0 (Commissioner Saunders absent), that original records or the Board of County Commissioners be destroyed in accordance with the approval by the Department or state, Division or Archives, History and Records Management. Page 44 - - - --""'--...-- ......i....._.....~,__.._~..._ " ~Oú~ 105 PV.! 672 JULY 28, 1987 Item .121\ CONTRIDUTION REQUEST FROM GREATER N1\PLES LITTLE LE1\GUE ~ND SENIOR LEAGUE GIRLS SOFTBALL - ~PPROVED commissioner Pistor moved, seconded by Commissioner Goodnight and carried 4/0 (commissioner Saunders absent), that the Board finds the request from the Greater Naples Little League and senior League Girls softball to be for a public purpose and their request for a contribu- tion in the amount of $500 is approved. Item '13A REQUEST FOR TRANSFER OF FUNDS TO THE BUDGET OF COURT REPORTER - ~PPROVED IN THE ~OUNT OF $30,000 County Manager Dorrill stated that the Court Reporter has advised there is a shortfall in the budget of $30,000 prior to the end of the year. He stated that his position on court related activities, since they do not work for or directly under the County Manager, is that for purposes of coordination the Court Administrator, Mr. Charles Bell, has the same type of authority as any other agency. In answer to Commissioner Glass, Clerk Giles advised that Judges, the State Attorney, probation, Court Reporters, and court-related activities do not fall under the jurisdiction of the Clerk. He stated that next year's budget request for the Court Reporter does not seem sufficient either since they have spent $126,000 this year and are requesting $122,000 next year. Budget Director Zalka stated that the Court Administrator does not have much control over these expenses. She stated they are controlled Page 45 , 'I - - - ....-....-.,...-.,..-.,.--..,....-- ~......--,,~"~,...-- ~....,_.·,.v._...,"·......'"'.··..,"''''''_~_·,____..'''_''''... .. "':,'1"\1 "'«....,.._"...·4·.. ...,,_,_,_~ - .. - JULY 28, 1987 by the Judges and are associated with trials. She stated it repre- sents court reporting for indigent cases so when the Public Defender is involved in a case, the court reporting, depositions, etc. are charged to this budget. She stated that the excess this year involved some drug cases and it is not necessarily going to happen each year, but rather can go up and down from year to year. commissioner Goodnight moved, seconded Þy commissioner pistor and carried 4/0 (commissioner Saunders absent), that $30,000 be trans- ferred to the Official Court Reporter's budget to cover the shortfall in the 1986/87 budget. *** The following items were approved and/or adopted under the Consent Agenda upon motion made by Commissioner pistor, seconded by Commissioner Goodnight and carried 4/0 (commissioner Saunders absent): *** Item # 14Bl FIN~L PLAT OF RIVIERA GOLF ESTATES, UNIT 3 ~ND CONSTRUCTION & MAINTENANCE AGREEMENT See Pagc Item '14B2 o %3 - ~ R..~r 30 YEAR LEASE ~GREEMENT WITH DAVID L~WRENCE MENTAL HEALTH CENTER, INC. RE IMMOKALEE PROPERTY See Pages ?FC,... (;, 9S Item #14B4 RESOLUTION 87-170 AUTHORIZING ISSUANCE OF A TAX ANTICIPATION NOTE IN THE ~OUNT OF $65,000 FOR NAPLES PARK ~REA DRAINAGE IMPROVEMENT See Pages 69~ '1()[) Page 46 m~ 105 p.lr.£ 673 '-"~-="""~-"""-;,""'~'~--' _.-.~.,",,-.'-"~"_.",",'""""._"""_."'--- ~.~..,_.'"''''''''''$~ "',.. ---,.,.-,.-..,-. .",~_..~""_..~^".._.,---- ~OOK 105PA'·,674 Item '14B5 JULY 28, 1987 RESOLUTION 87-171 REQUESTING FLORIDA DOT APPROVAL FOR HATCHING FUNDS TO FOUR ~NE IMMOKALEE ROAD, C.R. 846, JOINT PARTICIPATION AGREEMENT See Pages 7() / - 7~ I Item #14B6 RECORDING OF ~GREEMENT FOR DEED FOR BURIAL LOT NO. 507, L~KE TRAFFORD MEMORI~L GARDENS See Page 7d~ Item U4B7 LAKE TRAFFORD MEMORIAL GARDEN CEMETERY DEED NOS. 511/514 See Pages 7 d. 3 - 7 ~ ~ Item U4C1 COMPETITIVE BIDDING WAIVED AND PORTABLE TOILETS FOR TIGERTAIL BEACH TO BE RENTED FROM J. C. DRAINFIELD & REPAIR - $1,520.00 Item '14C2 RESOLUTION 87-172 NEW POSITIONS AND PAY TITLES ESTABLISHED FOR THE PARKS & RECREATION DEPARTMENT See Pages '7 ~ 7 - 7';?' f( Item #14C3 STAFF DIRECTED TO WORK WITH CITY OF EVERG~DES, EVERGLADES VOLUNTEER FIRE DEPT., AND THE EVERGLADES BETTERMENT ASSOCIATION FOR ACQUISITION OF CLASS ~ FIRE/RESCUE/MEDICAL PUMPER FOR OCHOPEE FIRE CONTROL DISTRICT Cost not to excecd 50% of the acquisition costs for the Ochopee Fire Control District. Item 114Dl ACCEPTANCE OF SEWER FACILITIES AND ~PPROVAL OF LEASE WITH N~PLEB P~ZA PROPERTY OWNERS ASSOCIATION, INC. See Pages O. R. Book 1285, Pages 732-741 - - Page 47 - - - - JULY 28, 1987 Item U4El SURPLUS LIST APPROVED FOR AUCTION See Pages '7':;; 9' - 7 fS Item '14G3 CERTIFICATES OF CORRECTION TO THE T~X ROLLS 1985 No . 23 9 July 10, 1987 1986 Nos. 205/206 Nos. 244/245 July 10 & 21, 1987 July 14 & 17, 1987 Item '14G4 EXTRA GAIN TIME FOR INMATE NOS. 52584, 52053, 46250, 16168, 15801, 41125, 33433, 48530, 48523, 48558, 47388, 41915, 51827, 44466, 49495 Item #14G MISCELLANEOUS CORRESPONDENCE ~ILED ~ND/OR REFERRED There being no objection, the following correspondence was filed and/or referred to the various departments as indicated below: 1. Letter received from Association of State Floodplain Managers, Inc., notifying that ASFPM, in cooperation with FEMA is conducting a survey of county and municipal govern- ments to identify communities that have the potential to uti- lize flood hazard mapping. Referred to Neil Dorri11, Tom ,McDaniel and filed. 2. Letter dated 07/17/87 from Douglas L. Fry, Environmental Supervisor, DER, enclosing short form application File No. ll1368665/Sunset House Apartments; which involves dredge and fill activities. Referred to Neil Dorrill, David Pettrow, Dr. Proffitt and filed. 3. Letter dated 07/17/87 from L. Anita Trimble, Environmental Specialist, DER, enclosing standard form application File No. 11-1368869/Scott F. Lutgert, which involves dredge and fill activities. Referred to Neil Dorrill, David Pettrow, Dr. Proffitt and filed. bOOK 105 PA',I 675 Page 48 m~ 105 w.~ 676 JULY 28, 1987 4. Letter dated 07/17/87 from L. Anita Trimble, Environmental Speciðlist, DER, enclosing standard form application File No. 11-13663l9/Larry Basik, which involves dredge and fill acti- vities. Referred to Neil Dorrill, David Pettrow, Dr. Proffitt, and filed. 5. Letter received 07/08/87 from Dept. of HRS requesting reim- bursement package for Sheriff Service of Process for June, 1987 be submitted by 08/14/87. Referred to John Yonkosky and filed. 6. Minutes: 06/09/87 - Golden Gate Parkway Beautification 7. Letter received 07/01/87 from the National Association of Counties, asking for completed survey, conducted by NACo and the U. S. Conference of Mayors, to examine current planning and service delivery systems designed to address the needs of older suburban residents. Referred to Neil Dorrill, Kevin O'Donnell, David pettrow and filed. 8. Notice received 07/20/87 from U. S. Dept. of HUD, that Florida communities are eligible to compete in the HUD rental rehabilitation non-formula competition. Referred to Neil Dorrill, David Pettrow, Wanda Jones and filed. 9. Notices & Policy Changes received 07/06/87 from U. S. DOT, Urban Mass Transportation Administration, that UMTA will be publishing in the Federal Register. Also enclosed a letter from the Deputy Administrator clarifying some requirements in the new charter bus regulations. Referred to Neil Dorrill, David Pettrow, Jeff Perry and filed. Page 49 - .. - - - - JULY 28, 1987 *** There being no further business for the Good of the County, the meeting was adjourned by ord~r of the Chair - Time: 4:45 p.m. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL 4H~~ß .' \\\H hO 0; 1\,'f'Ì',EST:, ( }~~S .C:: 'G.~L!'J~, CLERK ~~..:.¿:¡¡;;i- '.' '/);; ~ A: , ,Q.c.... K:~.~,- ~~ /,,;''I'i;~;è minutes approved by the Board on as ';re~~n't~d .------- or as corrected ß~/¿/,?',P/ ðOO~ 105 PAL! 677 Page 50