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BCC Minutes 04/07/1987 R - Naples, Florida, April 7,19B7 LET IT BE REMEMBERED, that the Board of County Commissioners in anð for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board{s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of .the Courthouse Complex, East Naples, Florida, with the following memhers present: CHAIRMAN: Max A. Hassc, Jr. VICE-CHAIRMAN: Arnold Lee Glass John A. Pistor Burt L. Saunders Anne Goodnight ALSO PRESENT: ,John Yonkosky, Finance Director; Beverly Kueter and Maureen Kenyon (1:30 P.M.), Deputy Clerks; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager; Ken Cuyler, County Attorney; Tom Crandall, Utilities Administrator; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; Missy McKim, planning/Zoning Director; Barbara Cacchione, Planner; Nancy Israelson, Administrative Assistant to the Bo~rd; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 t(;ü~ 103' W.[ 19S ,- .""""""-.."""'~;~,;"'_.,.-""'.._...,...,.....~" -"""";.."',".-,._..._",'"""...._..,,~~~,._"'"" '" .' m~ 103 P~Gt 203 APRIL 7, 19B7 Your County Government Program is sp~nsored by the League of Women Voters and the Collier County Public Schools Social Studies Departments to run from March 31, 19B7 to April 14, 19B7. Ms. Stevens thanked the Board of County Commissioners, County Manager and the Constitutional Officers for their cooperation in allowing the Know Your County Government Program to take place at the County Govern¡.lent Center. Ms. Stevens stated that they have learned about such topics as community development, landfill, County taxes and have gained some insight into the court system. She stated they have also learned that by taking an interest in tne\r community, they can become more involved through participation in County Government. She said that by addressing the Board of County Commissioners, they are able to add another component to the learning process. Chairman Hasse thanked all the participants in the Know Your County Government Program. He stated that the meeti~g would recess for lunch at 12:00 sharp to enable the Commissioners to have lunch with the participants. Page 3 - - .'''''"'....-----.--.-.......-..--,-... _,,_,___"".._......-~..__,__...___""._... . ·..·.w...,... ..,,- - ~.._,.""..~.. Item I5D - APRIL 7, 19B7 PROCLAMATION DESIGNATING WEEK OF APRIL 5-11, 1987 AS "MARCH OF DIMES WALKAMERICA" WEEK - ADOPTED Walkamerica W~ek, commissioner Saunders moved, seconded by Following the reading of a Proclamation regarding March of Dimes be adopted, commissioner Goodnight and carried unanimously, that the proclamation " m~ 103' w·e 204 .' Page 4 ..._"""""__·ô__"'''''____,~.',.~''''·_·"·,"·..·'''..,," - - - ~A APRIL 7, 19B7 Item UK PROCLAMATION DESIGNATING APRIL 11, 1987 AS "IMMOKALEE HARVEST FESTIVAL DAY" - ADOPTED Following the reading of a Proclamation regarding Immokalee Harvest Festiv~l Day, Commissioner Goodnight moveð, seconded by commissioner Pistor and carried unanimously, that the proclamation be adopteð. . ~ , ð~O~ 103 FF.r 206 Page 5 ,- -- -_.~-~.._---- ._-,---- - .. .. APRIL 7, 19B7 Item '6B1 , 6B2 DEVELOPMENT ORDER 87-2, PETITION DRI-86-2C, VINES' ASSOCIATES, INC" AGENT FOR THE NATIONAL TRUST COMPANY OF NAPLES, RE BRETONNE PARK - ADOPTED WITH STIPULATIO~S, COUNTY ATTORNEY TO PREPARE DOCUMENTS IMPOSING A MORATORIUM ON APPLICATION OF SECTION 5-2-1 OF THE COMPREHENSIVE PLAN AND ON FUTURE REZONE PETITIONS ALONG DAVIS BLVD, AND ORDINANCE 87-15, PETITION R-86-12C, REQUESTING A REZONE FROM A-2 TO PUD KNOWN AS DRETONNE PARK - ADOPTED WITH STIPULATIONS Legal notice having been published in the Naples Daily News on January 15, 1987 as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition DRI-86-2C requesting a development of regional impact for DRI known as Bretonne Park; and legal notice having bee~ published in the Naples Daily News on March 6, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public héaring was opened to consider Petition R-B6-12C requesting a zoning classification change from A-2 to PUD known as Bretonne Park. Planner Duane state~ that Bretonne Park is located approximately one-half mile west of the intersection of Santa Barbara Boulevard and Radio Road, just north of the intersection of County Barn Road and Davis Boulevard. He stated the property, as proposed, will contain l,3BO dwelling units consisting of 300 single-family units, I,OBO multi-family units, recreational facilities, and 12.4B acres of com- mercial development. He stated the gross density is 4.14 units per acre, Me, Duane stated that lands to the north, across Radio Road and to Page 6 BGO~ 103' W.' 208 ," . .' tcQ~ 103' PH.t 20n APRIL 7, 19B7 the east are under development; to tne south, across Davis Blvd" are undeveloped; and to the west are undeveloped lands and a mobile home rental park. He stated that in reviewing this proposal Staff finds that the residential portion of the project is in compliance with the Comprehensive Plan, however, the proposed commercial uses are not in compliance. He stated Staff's opinio~ is that there is an abundance of commercial zoning in the immediate vicinity of this proposed pro- ject. Mr. Duane reported that the Collier County Planning Commission held their public hearing on March 5th and unanimously recommended forwarding the residential portion for approval, however, the commer- cial portion received a 4 to 4 split vote, and therefore, there is no recommendation from the CCPC on the commercial portion of the proposed project. He stated that no one spoke for or against the petition at the CCPC public hearing and no correspondence has been received. Mr. Duane stated that Staff recommends approval 'of the residential portion with the deletion of the commercial area. In answer to Chairman Hasse, Mr. Duane stated the petitioner is requesting access from Davis Blvd. and has amended the PUD document to state that the commercial area will only be developed if a major supermarket tenant would anchor the commercial area. Commissioner Pistor stated that he is not in favor of approving more commercial zoning. He stated that there are two prime examples on the north end of the County at the corners of Airport and Immokalee Page 7 - - ~-< ---.,..=-.-"'--...........''''''''''''' ...._"..",.."..,."'.>-,-~"'--.."'...._.,""'.,~_....."""'-~,-'''~, -. - - - APRIL 7, 1987 Roads and Airport and Pine Ridge Roads, He stated that he is also concerned about drainage in this area, and even though the water will be retained on site, any overflow will have to be handled by Halderman Creek or the Lely Canal. He said there are already severe problems in this area. Planner Cacchione stated that the petitioner is requesting the maximum of la~d use, IBO,OOO sq. ft., with C-3 type uses which are a supermarket, drug store, etc. She stated that in Staff's judgement, this size shopping center would not serve just the PUD residents, but a much broader area. She stated that the size of the proposed shopping center is comparable to that of the Pavillion or Gulf Gate Shopping Centers whict. are considered community centers rather t~an neighborhood centers. Ms, Cacchione reported that the traffic analysis for this pro- posed commercial area indicates approximately 10,000 trips being generated of whic~ o~ly 1,600 are attributable to the PUD itself. She displayed a map and outlined the current commercial areas as well as r.ecently approved commercial areas. Tape 12 In answer to Chairman Hasse, Ms. Cacchione stated that a con- venience store is more compatible, however, there is an existing con- venience store within one-half mile, Commissioner Pistor stated that the PUD Document road maps show Livingston Road and Santa Barbara Blvd, being extended to Rattlesnake ~m 103' r~':, 2iO r Page B ~.,-~-----,,.,,._,,,,-~-..,.."..>,,,,.,.~..~, &Co.. 103' W'¡ 211 APRIL 7, 19B7 Hðmmock Road; states there will be construction of an extension of Livingston Roaò t~ ßretonne Park from Radio Road; and also stated that DCA expects the e::tens;on üf Livingston Road and Santa Barbara Blvd. from Davis to Rattle~nake Hammock to be complete by 1991. He said that there are no plans for Livingston Road from Davis Blvd. to Rattlesnake Hammock Road and it has not been decided if Santa Barbara Blvd. will be extended from Davis Blvd. to Rattlesnake Hammock Road. He stated there should be a provision that County Barn Road be 4-laned by the develop~r, Commissioner Pistor also restated his concern about drainage and stated that the submitted materials acknowledge there will be quite a bit more water discharged into the Lely area which is already flooded, He said it is not wise to leave questionable wording in these docu- ments for future interpretation. Public Works Administrator Archibald stated that the Development Order contains provisions for the water management pian to meet current criteria, and also requires improvements as contained in the District #6 Report. He stated that at the present time there is no schedule to tie these elements together, but the coordination should provide for an outlet for the water, He stated that the concern is the timing of the improvcments of the Developer and the County's outfall improvements. Mr. Archibald stated that the 4-laning of County Barn Road is not scheduled in the current 5-year plðn, but is scheduled for the 6th Page 9 - - "'----- -----~--------,-~ --- -----.---, - - - APRIL 7, 19B7 year, He stated that depending on the timing and development stages along the Davis Blvd. Corridor, the improvement mayor may not be in place. He also stated that the extension of Livingston Road and Santa Barbara B~vd. is not contained within the current 10 year plan. Commissioner Pistor stated that the Department of Community Affairs has quite a few suggestions on roads needed to handle the traffic for this development, however, they are not being contemplated any time soon. Mr. Duane stated that this petition did receive approval of the Southwest Florida R2gional Planning Council and they made recommen- dations on drainage, water qIJi'lity, energy, transportation, vegetation and wildlife wetlands, consistency with the Comprehensive Plan and some general considerations. He stated that these recommendations are consistent with recommendations of Staff and should be incorporated into the Development Order. Mr. Duane stated that if the Board opts to approve the Development Order, the number of square feet, 160,000, should be inserted. Mr. Duane stated that the Staff's objection to the proposed com- mercial area is not with the type or amount of commercial use, but rather, the location which does not comply with the provisions of the current Comprehensive Plan. In answer to Chairman Hasse, Assistant County Manager Dorrill stated that there are two items which involve the drainage in the pro- posed area. He said the first is Staff trying to obtain conceptual Page 10 &CD~ 103' r~r.' 212 r .' tcQ',( lOa PW 213' APRIL 7, 19B7 approval of the District #6 Master Plan through the SFWMD, which is going to be a very slow and arduous task. He stated that relative to this, there has been some recent movement by the Big Cypress Basin Board to refine the work and alleviate some of the concerns that the water management staff in West Palm Beach has and the outfall for this area is the feeder system within the Collier System DRI and permits will be very difficult to obtain, He stated there is also a con- siderable amount of work which needs to be done in the collection system in addition to the outfall. Attorney George Varnadoe, representing the Petitioner, stated that he believes there are more issues in a project of this size than whether or not it will have a commercial area, and said he would like to address some of them. He stated that the original proposal on roads was taken f~om the long range plans contained in the Comprehensive Plan. He stated that the document contains language which provides that beginning in 1990 the applicant ~ill prepare and submit revised plans to all agencies showing only existing roads and existing fundi~g for planned roads and Phases II through V will be dependent on those reviewing agencies. Mr. Stanley Hole, Hole, Montes & Associates, stated that the 1990 date is based upon the new Comprehensive Plan being in effect, In reference to the drainage, Mr. Hole stated that not all water is being retained on site, however, the County has placed restrictions on the drainage which will substantially reduce what normally would flo~ off- Page 11 - .. c."'~_"'^'"_^""~__"''''~,",~,_"",,~> .""""'~.'__""__"__"'''.'_''''''<'''''''_^~''"'''.''''''''''"'~._.." .' _ - - - APRIL 7, 19B7 site. He stated that the p~titioner has agreed to undertake constuc- tion of District #6 improvements within a t mile area and these improvements will be dedicated to the County. He said the Developer has also agreed to participate in funding improvements by whatever method the Board of County Commissioners establishes, such as a spe- cial taxing district 0: impact fees. Tape '3 Mr. William Vines, Vines & Associates, Inc., stated that Bretonne Park is a very unusual project which is close-in, consi$ts of high forested acreage, very low density, all wetlands will be preserved, an additional 60 acres of upland and trails will be preserved, and the site will contain 107 acres ~f open space. He stated that 5 acres will be used for the District #6 improvements and a pumping facility which will be locatp.d within the commercial area to keep it out of site. Attorney Varnadoe stated that the 5,2,1 provision in the Comprehensive Plan is becoming controversial and out of balance, He said that Staff contends that the commercial should be for the use of the PUD residents only, however, the Comprehensive Plan does not state that no one else can use the commercial area. He read the types of commercial and their definitions from the Comprehensive Plan and stated that Bretonne Park will consist of more people than specified for service in the definition of neighborhood commercial. County Attorney Cuyler stated that it is within the discretion of 8CO~ 103' W.f 214 Page 12 r o··"_~_,,_,,__ "... .' tCO~ 103' w.~ 215 APRIL 7, 19B7 the Board of County Commissioners to decide how much commercial area will be allowed within a particular project, Mr. Varnadoe stated that the 5-2-1 provision says nothing about being discretionary. Mr. Vines displayed a map depicting existing and proposed shopping centers. He also highlighted which of those shopping centers are neighborhood c.enters, and stated they all contain supermarkets and drug stores. He pointed out lines on the map which represent service areas, showing there are no existing centers within the service area of Bretonne Park. He also showed a service area which contains 5 fully developed shopping centers with supermarkets. Mr. Varnadoe stat0d that traffic is always a concern, however, Staff contends that the residents of Bretonne Park can shop t mile down the road, however, this will cause many extra trips to be made on Davis Blvd. rather than containing those trips within the project itself. Mr. Varnadoe then read an excerpt from a letter which was received by the Petitioner indicating Bretonne Park as an excellent site for a shopping center and they would be interested in opening one in 1989. He stated that all the Petitioner is requesting is to set-up the site with the proper zoning and the market conditions will deter- mine if the site will be developed. He also noted that when another development is started, there will be no objections to a shopping center if it is identified now because everyone will know it is planned, Mr. Varnadoe stated they have already agreed to language that ties Page 13 - - ",.,,,,,,,,,.__.~,~",,.."_.," ,.,.,-,-",--,--,~-~.~,--.".._,.......,..,,,,.,,.,",''''''~''''''''''---_'''--............ - - APRIL 7, 19B7 them to having a written commitment from a major supermarket before the site can be developed. He added that they will also be agreeable to the following language: "Prior to site plan approval, the site development plan shall be subjected to an advertised public hearing held by the CCPC, an aðvisory vote by the CCPC, an advertised public hearing held by the Board of County Commissioners, and approval by a majority of the voting members of the Board of County Commissioners, Information provided at the public hearings shall include the detailed site development plan, Staff's comments and recommendations on the plan, identification of the supermarket which is to be the major tenant of the neighborhoüd shopping center, and a commitment by that supermarket as to when that market and associated commercial building on the site plan are to be constructed. Additionally, the boundaries of the primary market area expected to be served by the neighborhood shopping center shall be identified by the shopping center development sponsor," In answer to Chairman Hasse, Mr, Varnadoe stated that this will give the Board of County Commissioners approval of the final site development plan. Commissioner Pistor requested Mr, Varnadoe to add that the Petitioner would add a bond to insure complete development of that site within a 2 year period. Mr. Varnadoe suggested a Performance and Payment Bond since most Developers work from that with their contractors anyway. He s~id this would not be in favor of the County, but rath'~r, the lender. He said it would insure the money Page 14 BGD~ 103' w.t 216 J' .' m~ 103 PM,!. 217 APRIL 7, 1987 exists to complete the project. Mr, Cuyler pointed out that he disagrees with Mr. Varnadoe and stated that the Board of County Commissioners has every right to look at surrounding commercial and institute good planning practices. He stated that the 5-2-1 provision of the Comprehensive Plan does not mandate that every developer is entitled to the commercial calculation. *** RECESS AT 10:30 A,M, RECONVENED AT 10:40 A,M, *** Tape '4 Planning/Zoning Director McKim stated that it is a privilege and not a right to have commercial within a PUD. She stated the Board of County Commissioners must look at the entire area and in Staff's opi- nion the area is saturated. She stated there are at least 5 sites that have been approved for the same types of projects within two miles and it is up to the County to determine the best commercial plan for the County, She st~ted there is no information supporting the need for more commercial in this area and the planning must be done as a whole. With reference to the traffic analysis, Mrs, McKim stated that the l,600 trips which enter Davis Blvd. from within Bretonne Park will not increase the traffic on this road because people shop while they are out for other things. She stated that a brief population count from the previously approved PUD's indicates a generous figure of 25,000 people and one supermarket requires a population count of 20,000 to Page 15 - - _M·_"·«'·.·,_··_ø____~··,,·*.....".....·,"_~·~'"·,',..·,""_·,.,_,...~.."."'-"".,.,'<"',..,.~ '. APRIL 7, 1987 30,000 people. She stated that it is true that you will see clusters of different supermarkets i~ one area, however, this particular area has 5 sites already. Community Development Administrator pettrow stated that the market conditions will determine which site will ultimately be developed, however, Staff feels very strongly that a formal study should be made. In answer to Chair~an Haßse, Mr. Archibald stated that street lights and signals are a requirement in all PUD's, He stated the Developer will pay his fair share for the traffic signals involved and street lights will be installed by the Developer concurrent with the construction of the roads. Mr, George Keller, Collier County Civic Federation, stated that it is not the numbe~ of cars on the road which will cause problems, but the ingress and egress on Davis Blvd. He also stated that Collier County does not need another shopping center, since the smaller stores within the existing centers cannot be filled. Commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that the public hearing be closed. Commissioner Saunders asked Mr. Varnadoe how important the commer- cial area is to the overall PUD7 Mr. Varnadoe stated that he could not answer that question today. He stated that the Board is not applying their policies evenly, since it seems that the posture of today's meeting has put the Petition and Staff in an adversarial position. Page 16 r,co~ 103 pv.r218 .. __C"'___'''''_'__·'~ .' m~ 103 W·' 218 APRIL 7, 19B7 commissioner saunders moved, seconded Þy commissioner Glass and carried unanimously, that the public hearing Þe reopened, r~r. Varnadoe said that Staff contends there is too much commercial in the vicinity of Bretonne Park, however, he said he had already read a letter from a shopping center developer stating they would like to use the Bretonne Park site. He stated this is an excellent site for a shopping center and requested the BCC to allow the marketplace to determine where the center will be located, He stated he would not debate Staff's contention on the traffic analysis, however, the Petitioner's indeperdent traffic analysis does not generate the same figures. Hr. John Keschl spoke against the length of this item and suggested that in the future staff could take steps to reduce this type of discussion. commissioner saunders moved, seconded by commissioner Glass and carried unanimouÐly, that the public hearing be closed. Commissioner Saunders suggested the Board declare a moratorium on application of the 5-2-1 section in the Comprehensive Plan and a mora- torium on future commercial rezone applications along Davis Blvd. Mr. Cuyler reiterated that the Board has the ability and the right to consider the êmount of comm~rcial in the area and determine if the request of the petitioner is appropriate, He said that if the Board wishes to impose a moratorium they should instruct him to prepare the necessary documents. - - - Page 17 M_""__·'''''_'~"·_~''''·_"~'"·''··'''~·--'''''~·· ~~ -~ .._- - -- -'-~"-'~ < ..--.-- -- - - .. APRIL 7, 19B7 In answer to Commissioner Glass, Mr. cuyler stated that the deci- sion on the entire PUD either includes or deletes the commercial, but it should all be done at one time. Commissioners Saunders, Glass, Goodnight, and pistor individually stated ·that although there is a lot of commercial zoning within the immediate area, it appears that Bretonne Park is a good site for com- mercial and the Petitioner has agreed to sufficient restrictions, Tape t 5 commissioner pistor moved, seconded Þy commissioner Glass and carried unanimously, that the or.dinance as numbered and titled þelow be adopted with the followinq stipulations and entered into ordinance Book No, 26: 1. A public hearing before the CCPC and BCC shall be held þrior to site plan approval, 2, Developer shall post a performance & payment Bond in favor of the lender to insure completion of the commercial project, ORDINANCE 87-15 AN ORDINANCE AMENDING ORDINANCE B2-2 THE COMPREHENSIVE ZONING REGULATIONS fOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-3 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BRETONNE PARK FOR A MAXIMUM NU~1BER OF 13BO DWELLING UNITS AND 12.4B ACRES OF COMMERCIAL FOR PROPERTY LOCATED BETWEEN RADIO ROAD AND DAVIS BOULEVARD, APPROX- IMATELY ~ MILE WEST OF THE INTERSECTION OF SANTA BARBARA BOULEVARf.'. AND RADIO ROAD, IN SECTION 15, TOWNSHIP 50 SOU'!:I, RANGE 26 EAST, 333.4B ACRES; AND PROVIDING AN EFFECTIVE DATE. commissioner saunders moved, seconded by commissioner Goodnight and carried unanimously, that the public hearing for petition Page 18 m~ 103 w·r 220 " -"",,,,,,,~,,,,,_.-,,.- .---.-....."'...-- ..--....""""".,..,,...,., ~",__,,"O<'_~".''''"'-''--''- ~... '-'-~ .' "OOi( 103 w'~ 221 APRIL 7, 1987 DRI-86-2C be closed. commissioner Goodnight moved, seconded by commissioner pistor and carried unanimously, that Development Order 87-2, Petition DRI-86-2C, vines & Associates, representing the National Trust company of Naples, Florida, requesting Developme~t of Regional Impact for Bretonne Park be adopted with the following stipulations: 1. Extensions of Livingston Road and Santa Barbara Blvd, be deleted from all maps and plans, 2. A provision be added defining the Developer's part in the prompt 4-laning of County Barn Road, 3, The commercial site shall be limited to 160,000 sq, ft. commissioner Saur.ders moved, seconded by commissioner Glass and carried unanimously, that the County impose a moratorium on the appli- cation of the 5-2-1 provision in the comprehensive Plan for a reaso- nable amount of time to enable Staff to review the provision: and the county Attorney is directed to prepare documents to ~ormalize this moratorium, commissioner Saunders moved, seconded by commissioner Glass and carried unanimously, that the County impose a moratorium on future commercial rezone petitions along Davis Blvd, to S.R, 951 for a reaso- nable amount of time to allow staff to review problems and include a formal study of usage along Davis Blvd,: and the County Attorney is directed to prepare documents to formalize this moratorium. Page 19 - .' tIC~~ ~" 103 w·~ Z3D APRIL 7, 19B7 Item UB3 PETITION R-86-13C, DR, NENO J, SPAGNA, REPRESENTING G,J.R. OF NAPLES, INC., REQUESTING A REZONE FROM E-ESTATES TO C-2 FOR CONVENIENCE COMMERCIAL USE FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF GOLDEN GATE BLVD, AND WILSON BOULEVARD - DENIED Legal notice having been published in the Naples Daily News on March 6, 19B7 as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider a rezone from E-Estates to C-2 for convenience commercial use, Planner Weeks stated that the petitioner is requesting C-2 zoning for a barber shop, coin operated laundry, and a beauty shop, He stated that the lands to the north, east and west are undeveloped, and to the south is an existing convenience store operated by the petitioner. He said that the subject property is designated as "Vested" on the Future Land Use Map and Staff finds the petition to be in compliance with the COffiprehensive plan with suggestions to have ~ connector between the subject property and the commercial property t~ the south; limiting access to the site; and additional buffering, Mr, Weeks stated that this Petition only received 3 of the 15 required points on the Zoning Point Rating System. He stated that because of the number úf points received, Staff must recommend denial of the petition. Mr. Weeks stated that the planning Commission originally reviewed this petition on September IBth and had recommended denial, however, the Petitioner returned with a companion item for a provisional use Page 20 --- --~ - _. - ---.- ._-- -- --.----- .. - APRIL 7, 19B7 treatment facility to handle the laundry wastewater. He said the planning Commission reviewed this petition and the provisional use petition (Item n7B3), on March 5th and denial was recommended for both petitions. He stated that the CCPC did not give any specific reasons for their recommendation of denial. He said there were 6 speakers at the CCPC meeting objecting to the petition, S letters have been received in opposition, and a petition containing 392 signatures in favor of the project. Commissioner Glass stated that the Master Plan of Gee's Grocery seems to have enough commercial property existing to contain the new building. Mr. Weeks stated the area being referred to currently con- tains passive recreational facilities. He said that conceivably the building could be placed on the existing property, however, neces:ary parking and buffering would be questionable. Dr. Neno Spagna, representing the petitioner, stated that there is currently a 50 ft. buffer surrounding the existing commercial use and the petitioner does not want to eliminate that buffer. He stated that the petitioner agrees with most of the staff stipulations with the exception of: k. internal access between sites - this area contain~ current underground drainage, and for this reason, would like item "k" deleted. m. only one additional access - the two access points are necessary and at such time as an access is placed in the northern section of the property, one of the existing two will be deleted. Dr. Spagna stated that it is true that the petition does not meet the point ranking system, however, the point system cannot be met by Page 21 c~c~ 103' F~[.£240 ,- ^,...,..,_,,,...__ Ii .-._,...,....'"-""~.~"'.-,-,.'''..._,'''.".."._.. - . --' .",.-_~, ,~'. &1)0'1. 103 PI.(·:: 241 APRIL 7, 1987 anyone in the Golden Gate Estates arp.a, He said the Comprehensive Plan was not tailored to fit the Estates, He stated the system measures points for water, sewer, streets, ambulance, and fire. He stated there are no water or sewer facilities anywhere in the Estates; there is not one principal arterial road in the Comprehensive Plan which pertains to Golden Gate Estates, and there is only one fire sta- tion serving the entire area. Dr. Spagna stated there have been absolutely no complaints in reference to the existing convenience store and the Petitioner has been requested by residents of the area to provide these services, He pointed out that when the first 2t acres was rezoned the request was for 5 acres and the petitioner would like the other 2t acres rezoned at this time. He stated that the petitioner has always complied with every requirement of the County and will continue to do so. Tape 16 Commissioner Pi3tor stated that the existing convenience store is . a fine store, however, there will be a shopping center in the area shortly and he does not see the need for a laundromat, Mr. George Keller and Mr, Joseph Grimm spoke against the petition citing an original agreement made by the petitioner that he would not ask for more commercial, not enough economical support in the area, sewer treatment plant will be unsightly, increased traffic, and no Master Plan for the Golden Gate Estates area. Mrs, Judy Barbera spoke in favor of the petition stating the resi- Page 22 - - ._. ~,_._.<,~...._~.~~...,_,,,,.',",,,..,,,,,,,._;..;,,,,#<__,"",.,,,..___ f ;'.' "",.'",~~",-,~""",""",,,,,,,,--~,,~,,",,,,"~.., ",_.,~-'-'''-.' .' .',.~. ,.~.."-""",,,,'--~~_.'- ,._,-~,.. -- -,_.- ',,, APRIL 7, 19B7 dents in the immediate vicinlty have requested and need these ser- vices. She noted the excessive amount of travel being done by current residents for necessities. Mr. George Risher, Petitioner, stated that he began this process 5 yearß ago. He said at that time the County requested that he wait until a Master Plan for the Golden Gate Estates area was completed, He said he came back one year later and then another year later and still there was no Master Plan. Mr. Everett Thayer stated that he lives in the area and has talked to a lot of people in the area and they are in need of the proposed serVlces. He said these people are entitled to the same conveniences as the people in Na~les, Março and Golden Gate. Mr. Thayer stated that the people who spoke in opposition to this petition do not live in the immediate area and only represent approximately 50 people. He said the people in Golden Gate Estates would like basic services such as roads, stores, fire protection, etc. commissioner Saunders moved, seconded by commissioner Glass and carried 4/1 (commissioner pistor opposing), that the pUblic hearing be closed. commissioner Saund~rs moved, seconded by commissioner Glass and carried unanimously, that the public hearing be reopened, ... Recess: 12:06 P,M. - Reconvened: 1:30 P,M. at which Page 23 BGO~ 103' PÂG~ 242 " ~,~-,,~-"- ,..;._,"'W,_"~"",,,______~"""4'''''"'-~'''--''''''''''-.''"''~·.·~.,·"<,,,··,o .' ~oo'!; 103 w'~ 2113 APRIL 7, 1987 time Deputy Clerk Kenyon replaced Deputy Clerk Kueter, ftftft Planner Weeks stated that the petitioner disagreed with Stipula- tion "K" of the Executive Summary dated April 7, 19B7, adding that if this petition is approved, a sidewalk will connect the two sites in order to save people from going onto the road to get from one site to another. He stated that in Stipulation "M", it should read two accesses on Wilson Blvd. in~tead of one access. He stated that Stipu- lation US" should be added which would read that the petitioner will dedicate by quitclaim deed a 50 foot easement along the west and south property lines. The following people spoke in favor of this rezone petition citing the need for such facilities in this area, the needless distance that people have to travel for commodities and the convenience to the neighborhood: Paul Greer Lee Ann Gowin Lee Hancock Toby Hargett Josephine Carpenter Mr, Richard Braun stated that staff recommends d~nial of this petition ~nd the CCPC also recommended denial. He stated that his argument has always been consistent that there should be a master plan for Golden Gate Estates and Golden Gate City before anything else is approved in these areas. AssisLant County Manager Dorrill stated that he has a concern with the proximity of this area to the County's wellfields and asked that Page 24 - APRIL 7, 19B7 utilities Administrator Crandall look into this matter. Utilities Administrator Crandall stated that this petition was reviewed about 4 months ago prior to identifying the location of the wells near this property. He stated that he is being cautious in this area and there should be a master plan developed. He noted that he does not have a problem with a laundromat in this ar~a, providing that a good sewage treatment plant is built on site. He noted that there is already a service station at this site and he does not have any problem with this, but under the C-2 zoning, there are other uses that he may have problems with, Mr. Dorrill stated that his concern is the commercial laundry facility and the underground storage tank for fuel, adding that he would like to have Mr, Crandall's staff review and monitor the uses of this property now that some of the wells are in place in this area. Mr, Crandall stated that as this petition is being presented, he does not have any problem with it. Commissioner Glass stated that according to the plan for this area, there seems to be sufficient space to build the other shops and still provide adequate parking spaces. Commissioner Hasse questioned the status of the Golden Gate Esta- tes Master Plan, to which planning/zoning Director McKim stated that at the present time, there are no plans to continue with it due to the new comprehensive plan that has to be adopted. She stated that by the time the new plan is adopted, the rules will have changed and the Page 25 tGD~ 103 p~,.t 2114 " ..__._"'-"'~. . .,.,._,.._".....~",'>"._.... "W,_,__"",-.. m~ 103 w,;.245 APRIL 7, 19B7 Golden Gate Estates Master plan would have to be redone and, there- fore, Staff is waiting for the new comprehensive plan and then speci- fic sectors will be studied and Golden Gate Estates is likely to be one of those. Mr. George Risher, petitioner, stated that he could put the building on tl'e existing property which would be cheaper and no need for a central sewage plant, but he is concerned with the aesthetics and wanted to be able to expand it out to look nice. He noted that when the gas tanks were put in, he put in extra monitor wells and leak detectors which were not required, but he was concerned with the environment. He stat~d that if he puts these facilities on the existing property, he would use a septic tank as ther' is no room for a treatment plant. commissioner pistor moved, seconded by commissioner Hasse and carried unanimously, that the public hearing be closed, commissioner pistor moved, seconded by Commissio~er Hasse, that petition R-87-13C, be denied, ,. Commissioner Goodnight stated that she understands that these people need this type of facility and if it is denied, the petitioner can still build the facility on the existing property but it may not be of the same quality as what is presently there. Commissioner Hasse stated that he does not see a problem with the extension of the existing building, but he is concerned with future buildings and future expansion on five acres. He stated that th~ only Page 26 - - n '" ..."._",_,,,,,.,,..~,........______^"_d'" <, .,,"_...~-_...- .......---.- ~,~ APRIL 7, 19B7 control over this is what 90~~ into C-2 zoning, which covers a lot of uses. upon call tor the question, the motion carried 4/1, (commissioner Goodnight opposed). Item 17B3 PETITION PU-86-29C G,J,R, OF NAPLES, INC, REQUESTING PROVISIONAL USE FOR A SEWAGE TREATMENT PLANT AT THE INTERSECTION OF GOLDEN GATE BLVD, AND WILSON BLVD, - WITHDRAWN TO BE READVERTISED Commission~r Glass stated that he would make a motion to approve this petition so that the petitioner could build the sewage treatment plant. County Attorney.Cuyler stated that this petition is for the adjoining property ~nd not for the property in question. He stated that this would have to be readvertised. commissioner saunðers moved, seconded by commissioner Glass and carried 4/1, (Commissioner pistor opposed), that Petition PU-86-29C, be withdrawn and readvertised, Item f6C1 ORDINANCE AMENDING ORD, 86-28, RELATING TO FLOOD DAMAGE PREVENTION - CONTINUED FOR 60 DAYS County Attorney Cuyler stated that according to FEMA, i~ appears that the regulations regarding this flood damage prevention ordinance are in a state of flux and it woulG be his recommendation that con- sideration on this matter be delayed for a period of time and readver- tise the matter at a later date. He noted that he has not received Page 27 BCO, 103 w'~ 246 '" -~~--------,,-_.....~..."""-' ""_'_'_.___'~'-;<".__'''''_''h''~'''''''''''''''''''"-'''"'.-......." ,.e" ,...,.=,.....---,.-.,....--'.-.,.... .' m~ 103w,~247 APRIL 7, 1987 notification from FEMA as of this time that the County is in violation and when notification is received there is still a 90 day grace period to act on this matter. Commissioner Pistor stated that if the government moves ahead with this, Collier County could be left without insurance for the people, Commissioner Glass stated that this could be enacted 90 days from now and possibly by that time the problems will be resolvcd, or the Commission could adopt it now but initiate an effective date 90 days from now. County Attorney Cuyler stated that this does not have to be auto- matically effective if adopted this date, but if there are changes in the regulations, he will have to come back and amend the ordinance again. He statcd t~at he had previously discussed this with the County Managcr's office and the Chairman with regards to continuing this matter, which may be why there is not a lot of people from mobile home parks present. Planner McDaniel stated that he spoke with Bob McBeck, Florida Coordinctor of FEMA, who indicated to him that there is a grace period of 90 days after notification by letter, whereupon the County could be put on probation or suspension. He indicated that probation is when a surcharge of $25.00 on every policy is imposed. commissioner Glass moved, seconded by Commissioner Saunders, that the ordinance relating to the flood damage prevention ordinance be continued for 60 days. Page 2B 1'-""____ N. _~.___"'.,"'"'....,~..".,.~..""."~,,,. ,''',...._,...'.".."._,.,,~~~"__,''"~,.#._, APRIL 7, 19B7 The following people spoke against this matter citing the excessive cost, the burden to people, and discouraging people from purchasing mobile homes: Ralph Tuttle, Federation of Mobile Home Owners John Keschl Everett Thayer Planner McDaniel stated that if something comes in or notification is received prior to the indicated time period, he would return to the Board immediately. Upon call for the question, the motion carried unanimously, Item '7B1 RESOLUTION 87-73 RE PETITION PU-86-2SC, ANCHOR ENGINEERING, REPR. SANTA BARBARA OF NAPLES, LTD., FOR A SEWAGE TREATMENT PLANT AT THE INTERSECTION OF RADIO ROAD AND SANTA BARBARA BLVD, - ADOPTED Planner Weeks stated that this is a request for a provisional use for a sewage treatment plant south of Radio Road and east of Santa Barbara Extension which is under construction, He noted that the surrounding properties are zoned RMF-6 and properties to the north, east and south are under development and further to the west is Berkshire Lakes PUD which is under development, He indicated that a portion of Berkshire Lakes is opposite the proposed Sewage Treatment Plant and will permit a roadway and multi-family units. He reported that in reviewing this petition, Staff found it to be in compliance with the Comprehensive Plan. He reported that in February, 1985, the subject property was rezoned from A-2 to RMF-6 and at the time of rezoning, the property owner and the County were aware that the County Page 29 ~co, 103' P~r.t 248 ,. '··"·-'--"~-"·_''''''·'___~''__'~;'·'··'^.'''."__M'''''''','''..~..;_....".."..,,~""""__ J tcoX 103 PA~' 24D APRIL 7, 19B7 could not provide sewer services to the project and therefore, the Developer commenced construction of a package treatment plant on site without obtaining the necessary building permits or provisional use from the County. He noted that this was due to oversight and lack of familiarity on the developer's part with the County's regulations and procedures, He indicated that once the County became aware of the situation, construction of the plant ceased, but the plant is installed although it is not completed. He reported that based on the location of the plant, the design of it, and the recommended mitiga- tion measures, the requested provisional use should be compatible with adjacent properties. He stated that staff has no objections to appro- val of this petition subject to the stipulations contained in the Executive Summary ùated April 7, 19B7. He indicated that the CCPC held their public hearing and recommended approval based on staff sti- pulations. He stated that at the CCPC hearing, no one spoke for or against this petition and no correspodence has been !eceived, there- fore, staff recommends approval subject to the stipulations, .. Commissioner Pistor stated that this is an after-the-fact permit and quebtioned if they will be required to pay the penalty, to which Planner Weeks stated that he understands that building permits have been obtained. Mr, Neil Gregory, Attorney for the developer, stated that his client was under the impression that the rezoning carried the right to build an essential service and he received a permit from DER for ~his Page 30 --"'-",..,.~~".......~. '''''''''''''...,...'-._-";".''',...-,...,,,...'''''''..,,...,,'''.''''''.. ...,'......""--- ~..,_--.,,,.,<O,,_..,",,...._...,""__..,,_..,_._,, - - - APRIL 7, 19B7 plant and was then notified that all permits were ready including the permit for the plant, adding that there has not been willful neglect of the law and they have complied with the request of the Zoning Department. Mr. Harold Hall, representing Anchor Engineering, indicated the location of the sewage treatment pl~nt on an overhead map, adding that it would be wp.ll landscaped. He stated that this is being recommended for approval by the CCPC and staff and he would request approval of the 80ard of County Commissioners. Commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that Resolution 87-73 re Petition PU-86-25C, Anchor Engineering representing santa Barbara of Naples, Ltd" requesting a provisional use for a sewage treatment plant at the intersection of Radio Road and Santa Barbara Blvd. be adopted. Page 31 6GO~ 1.03p_r.rZ5TJ r .' ~CD~ 103 P~'.~ 257 APRIL 7, 19B7 Item '7B2 RESOLUTION 87-74 RE PETITION PU-86-28C, WILSON, MILLER, BARTON, BOLL & PEEK, INC, REPRESENTING FOUNDATION FOR THE DEVELOPMENTALLY HANDICAPPED, INC, REQUESTING PROVISIONAL USE OF ESTATES DISTRICT FOR A PRIVATE SCHOOL - ADOPTED Planner Weeks stated that this is a request to develop a site with a private schcol/rchabilitation center for the early developmental intervention program for the handicapped, He noted that all surrounding lands are zoned Estates and directly to the north is Naples Bridge Center; adjacent to the east is Messiah Lutheran Church; adjacent to the south is undeveloped land; and adjacent to the west is a single-family dwelling which is a model home, He noted that the surrounding area contains undeveloped lands, churches, schools, day care center, mental health center, etc. He reported that staff has determined that the request is in compliance with the Comprehensive Plan. He indicated that the subject property is heavily vegetated at the northern and so~t~ern ends, adding that with th~ proposed location of the facilities on the northern half of the property, the impact of the activities will be to the properties to the east and west which is a church and a model home, He stated that to mitigate any impacts upon the m0del home, a landscape buffer will be required, He ~ndi- cated that the CCPC held their public hearing and recommended approval subject to the stipulations contained in the Executive Summary dated April 7, 19B7, adding that five persons spoke against this petition, ten persons spoke in favor, and 42 letters were received in favor. He Page 32 .. '--..-", "'V"·'''_~'''''-_C'''''''..~__'J",_'~'_,,,,~,,,,,_..__.,.",..<,.,,,,"_ ~~~_.."~~.._,--,,..._. - - - APRIL 7, 19B7 stated that staff recommendation is for approval subject to the stipu- lations. Mr. Alan Reynolds, Wilson, Miller, Barton, SolI & Peek, Inc" representing Foundation for the Developmentally Handicapped, Inc" stated that this approval will provide a permanent home for th~ han- dicapped children. He noted that there will be a single point of access to Golden Gate Parkway and no detrimental impact to this area, He indicated that he has received numerous letters of support regarding this petition, He stated that the petitioner concurs with ell stipulations as indicated by staff, Commissioner Hasse questioned if there will be future expansion, to which Mr. Reynolds stated that the properties to the west and east are developed and there are no plans that would require any additional land at this time. He noted that if there was a need they still have 2 acres of available land on their own site for expansion. Commissioner Pis tor questioned if the amount of parking spaces indicated will be sufficient, to which Mr. Reynolds replied affir- matively, adding that most of the traffic function is to drop off and pick up students. Commissioner Hasse questioned if the petitioner would be willing to put in a turn lane to alleviate traffic problems? Mr, Reynolds stated that the ordinance dictates if such a turn lane is required and in this case, it is not required, Public Works Administrator Archibald stated that a right turn lane Page 33 8CD~ 103' PJr.< 258 r ~~""~<~"~~'-_.,,,,",,,_;;o..^_ .-.-----.---. .' bOOX I03'PF,' 2~·n APRIL 7, 19B7 is not required and would prohibit access by adjacent property owners, He stated that this proposal is acceptable to staff. Tape f9 Mr. John Lawson, Executive Director of the Foundation for the Developmentally Handicapped, Inc" stated that when this program began several years ago, there were only 5 children and now there over 114 in need of services, He stated that he felt that the most practical location would be on Golden Gate Parkway where it is accessible to the majority of the population that needs these services. He stated that the program is to develop an individual child's capabilities so that he is not a burden to society, which saves the County money, He stated that he is requesting that this provisional use be approved. The following people spoke or acknowledged that they were in favor of this petition citing the need for this project as well as being an appropriate location: Jim Coletta Michael Galloway Teresa Clark Connie MacKey Leo Salvatori Dorothy Donaldson Paul Muenzer "; Lou Ann Long Carl Fernstrom Barbara Jo Finer The following people spoke against this petition citing the fact that this is not compatible to the area, a negative impact on traffic, no comprehensive plan has been developed for the Estates, possibility of future expansion, and a decrease in property values: George Keller Dorothy Johnson Commissioner Saunders moved, seconded by Commissioner Goodnight Richard Braun and carried unanimously, that Resolution 87-74 re Petition PU-86-28C, Page 34 .. .......... ","'~-"""~,,,-- .......,- ,.,~".;..,-,,,.-,. """'"~""""··"'__'''''''''~__''''''''''''."__,n .-> - - - APRIL 7, 1987 Foundation for the nevelopmentally Handicapped, Inc. b~ adopted sub- ject to Finding of Fact and the Petitioner's Agreement, ,', Page 35 &CO~ ID3'p~~! 2(~O " --.-- -".""""''''''__''/Ió:_--. ,., '"~."'",~"....,... ......N,'~"."."·" """"''''''',.~ .- am 103' Plê' 267 APRIL 7, 19B7 ***** Recess: 3:05 P,M, - Reconvened: 3:15 P,M, at which time Commissioner Saunders WQS absent from the meeting ***** Item '8A PRESENTATION BY ROBERT SMITH RE COLLIER DEVELOPMENT COMPANY PUD 85-11 - NO ACTION TAKEN Mr. Robert Smith, resident of 3312 Collee Court, stated that he has lived at this location for four years and the purpose of his appearance is to bring to the attention of the BCC what he feels are violations of his rights as a private citizen by Collier Development Company and by the Collier County Government, He stated that Collier Development Company failed to comply or conform to PUD 85-11 which was approved by the ßCC on March 19, 1985, for the development of Courthouse Shadows and Collier County failed to enforce zoning ordi- nances which were his only source of protection from such violations, He reported that Collee Court is a quiet dead-end street on the north side of Haldeman Creek, adding that in front of his home is a 20 acre site that belongs to Collier Development Company, He stated that in 19B5, Collier Development submitted PUD 85-11 to the' Planning Department to have the land rezoned from Agriculture to Commercial to build a hotel/shopping complex. He referred to a map indicating the southwest corner of the complex which is nearest his home and as was presented in PUD 85-II. He stated that in PUD B5-11 it showed an anchor store in the complex of 36,500 square feet with buffering around it and with a 160' setback, He stated that the PUD, which is on file in the Planning Department, showed a 60' wide greenbelt and a Page 36 -----~"._~_. .. ... ~" I APRIL 7, 19B7 100' wide lagoon. He noted that after the public hearings were con- ducted, a majority of the concerns of the residents were alleviated because Collier Development assured everyone that the residents would be well buffered from the development and they indicated that they were willing to put in a pedestrian gate for the adjacent residents. He stated that the fears of reduced property values were allayed when Collier Development stated that a survey conducted of the Pavilion Shopping Mall indicated that properties of the adjacent area had actually increased in value, He noted that Collier Development offered to place shields over parking lot lights to prevent glare from entering their hom~s at night, He stated that it was a smooth presen- tation and all the residents left the meeting feeling good, He stated that what they did not realize was that the Developer was not bound to furnish what he had promised to do, adding that the specifications were completely contradictory to the displayed site plan. He noted that the site plan that showed a 160' setback at the public hearing was contradictory to the development specifications which required only a 50' setback. Tape 110 Mr. Smith stated that he did not realize that Section 5,2b of PUD 85-11 states that the design criteria and layout illustrated in the Master Development Plan and the architectural elevations and cross sections which accompany this submission shall be interpreted as pre- liminary and understood to be flexible so that the final design may Page 37 m~ 103'w.f 2G8 }-" ...~ ""-""-"'"'''~''''':''"'''''''''.''--'''''''''''''''"'''''"'~"'>''''-'''.'''''''","",~.< ~ ~4 ~ .' acox 103 w.~ 26n APRIL 7, 1987 ~ best satisfy the project and comply with all applicable requirements, He stated that it also indicates that mincr design r.hanges shall be permitted subject to staff approval, He reported that at no time at the public hea ring were the residents advised that the plan being pre- sented was subject to any change nor did the County staff advise of such. He noted that in mid 19B6, survey parties and soil sample crews worked on the site and in December, 1986, site clearance began, He stated that the site was stripped bare and equipment was working on it seven days a week from dawn to dusk, He stated that lagoons were dug, access roads built, fill dirt brought in leveled and compacted, and buildings were staked out and footings were dug. He noted that by mid February they were in the preparation of pouring concrete, and about this time, an adjacent property owner went to the Building Depart;nent to see a copy of the site plans and was advised that there was not a site plan on file and they referred this person to Planning and Zoning and they did not have a site plan either, He stated that his . curiosity was aroused when building foots were excavated to within 60' of his front property line in February, adding that ~his was not in the site plans that Collier Development had presented at the public hearing. He reported ~hat he visited the Building Department and was astounded to find out that the development was completely different than that presented in the public hearings. He noted that the 7-story hotel had been eliminated, the 6 movie theaters were gone, the anchor store had increased in size from 36,500 square feet to over 81,000 Page 38 .' - .. - --.......-=''''_..,''',.,.~ "'^......"'''''.----..-..-..-...,...-.-,.,.''''. -~._,,---~ - - - APRIL 7, 19B7 square feet. He referred to the original site plan that was approved and the site plan that Collier Development is now building, adding that parking areas, lagoons, water retention areas, setbacks, and landscåping had all changed. He noted that a loading dock large enough to accommodate two semi-trailers will be within 61' of his front property line and the loading dock access road extends within 30' of his property. He stated that Building Permits 86-3485 and B6-34B6 were issued on F~bruary 27, 19B6, over two months after site clearance and construction had begun. He stated that he visited the Planning Department to see copies of the revised site plan and they did not have a copy and the Building Department did not have a copy of the original PUD apþljcation in their file. He stated that he spoke with Mrs. McKim and was told that her hands were tied on this matter because the clause in the PUD states that minor changes are subject to staff approval. He stated that after he spoke with Mrs. McKim, he questioned the changes in the on-site water managment plan and found that the water retention area of parking lot run-off had been reduced substantially. He stated that the plans had changed substantially and he felt that these plans were defective, adding that he discussed with the South Florida Water Management District and was advised that the Water Management Board had reviewed the plan and, although there were certain reservations, it had been approved, He indicated that on March 4, 19B7, he called SFWMD and told them that a contractor at the construction site was pumping unfiltered construction water into ~GC~ lOa p~r.r 270 Page 39 " ~.,.... ___".".'''_U''~'.__.;~ _"~~..___........___ III ~. _ .. .....~._~,__ "'~""_.".... "'. ~.. _"_'_~"""""""'_'~"-''''''_'"'''"''''''..~","_..."",--,.,_.....,~,.,-"." ..._~---_.~-- am 10ar~~~271 APRIL 7, 19B7 Haldeman Creek. He noted that on March 5, 1987, SFWMD representative visited the site and cited the contractor Mitchell and Starke with a verbal violation for doing this. He stated that he asked at this time if he could see the water management plans for this project and was told by Mr. Vidzes that he could come to his office and look at them. He noted that when he called Mr. Vidzes' office to set up an appoint- ment to see the plans, he was told that his office did not approve these plans as it did not exceed 40 acres in size and therefore, it is only required to be approved by the County. He stated that at this point, he ~isited the Building Director and asked how construction could take place on a project this size without knowing that the deve- loper did not have a building permit, adding that he was told by the Building Director that he would set up a meeting for Mr. Smith with a representative of Collier Development and himself to resolve some of the problems. He stated that this was simply a way to try and appease him and at this point, he started a letter writing campaign, He stated that he found that Collier Development did n~t have to provide an EIS for the project, adding that County Manager Lusk accepted on behalf of the County an environmental assessment statement. He stated that this approval prevented an indepth scrutiny by the State of Florida, D8partment of Natural Resources. County Manager Lusk stated that there was no EIS issued on this project nor was there one required for this project, Mr. Smith stated that due to the fact that there was no jurisdic- Page 40 ..- ~'-"-'""'-''''"''''''''---'"''''-'''~;-'''='''''''-'''''''''''~'"'''-~-'''~ .' ··-".----·~,..;-""'"_·-"-·'_"""'...........,,."'"_;o"'."'....,"".'e_.....___.,.,.,.~,".,., .__~""_____.____ ----""'--,--. ~. .."~-..._--,~?',._~_...-'V Þ" '_"-'_"'''',..."".-__..~,.._,._....".."._,-".-~",. .' ~cox 103' P~',~ 273' APRIL 7, 1987 unless there is proof of these accusations. He stated that the Staff is above reproach in his opinion. Mr, Smith stated that it is time for everyone to play the games by the same rules and time to restore confidence in our government, Commissioner Hasse questioned if there is anything wrong with these plans, if they are factual, and if there have only been minor changes, to which Planning/Zoning Director McKim referred to the ori- ginal plans and the revised plans noting that this PUD document is general and does not have the specific standards that the current PUD documents have. She indicated the location of Mr. Smith's ~ouse on the site plan and the lagoon with the supermarket, movie theaters, and proposed hotel, She referred to the current site plan which is what is being used, noting that the rention pond area is to the rear of the Wal-Mart. She stated that to this point three building permits have been issued for this project and according to the way the PUD is writ- ten, these changes are "minor", She stated that the".total square footage is still the same as proposed for the supermarket and retail and theater areas, adding that the two outparcels and one section of commercial was limited to 114,475 square feet in the PUD document and the reviseè site plan designates the outparcel as 4,500 square feet with the remainder in another area. She stated that, therefore, the square footage of the three commercial buildings and the two outpar- cels adds up to 114,475 square feet, which was the limitation for. the commercial and did not include the hotel site, She stated that the Page 42 - .. - . "...'"__,_·_c...__.......,..-_.,""-·.. - -..- -..-- - --.----. ._------ -..-.-. -~ -- --.._-- - .. - APRIL 7, 19B7 PUD is the ordinance governing the development of this parcel and this is what she is relying on for her determination of minor changes. She referred to the ordinance that states that the PUD Master Development Plan is an illustrative, preliminary development plan and the specific uses and the layout of Outparcels #1 and #2 have not been determined, adding that this gives the developer the flexibility to change that square footage allocation to the outparcels. She noted that the maxi- mum square footage of the shopping center and outparcels excluding the hotel/motel site shall not exceed 114,475 square feet, adding that this gives them the flexibil~ty to rearrange the allocated square footage on the original PUD master plan. She stated that the ordi- nance also states that the design criteria and layout illustrated in the master development plan and the architectural elevations and cross sections which accompany this submission shall be interpreted as pre- liminary and understood to be flexible so that the final design may satisfy the project and comply with all applicable requirements and further states that minor design changes shall be permitted subject to staff approval, She noted that the development standards which govern the setbacks, building heights, etc., indicate the minimum yard requirements which would be 50' which means that the building setback or any structure over 30 feet in height would be required to meet a 50' setback, She stated that many of the older PUD's are written this way, where the PUD master plan is basically discredited in the PUD document and allows the developer the flexibility and the development tGOX ·10t')· , 'J o:~, 274 Page 43 " ........_",.~.-v.-·,'~_.....,.......-.'"._..,.. ''''~,,'. --'""""'..._,_..-"'-~-,_._"""'.. ._-_.._--,-~ --- .' &m 103 p~'.~ 275 APRIL 7, 19B7 standards are what guide the project. She stated that this PUD was done in 19B5 and in the past year, Staff has been requiring additional reviews by staff; conceptual site plan reviews and final site plan reviews. She reported that this project was not required to go through any additional reviews from the PUD approval to the building permit approv~l unless a supermarket was part of the project, which would have required a site development plan review, Commissioner Hasse questioned if these changes were approved by staff, to which Planning/Zoning Director McKim stated that they were approved through the Building Permit process, Commissioner Glas3 stated that this is something that is written into law, adding that he can understand the interpretation of Ms, McKim and this is what she is bound by. He stated that the developer is operating according to the ordinance that was approved i~ 19B5 ðnd there is not much that can be done except to ask the Developer to work with these individuals in solving some of their prob~ems, Commissioner Hasse questioned how the figures can be justified, to .. which Planning/Zoning Director McKim stated that the document did not limit the square footage of the supermarket nor did the PUD document limit that this be a supermarket, adding that there is a broad list of uses and any of the uses are appropriate for this property. She stated that additionally the PUD put a maximum square footage for the commercial portion of the project excluding the hotel, but it did not say exactly how that square footage would be arranged. She stated Page 44 - ""~"""_'-_._-",..-~.,.,,-",,;_.~-_....-.-.-,,_."~.~-----_._",,-,,"_.........~. · ---._-----'--~_._.- -.--.--------.--------.------.-- ---. -- --- - - - APRIL 7, 19B7 that this is not something that is being done anymore, but the PUD document and the development standards are flexible and this is something that should be noted at the time of the public hearing, She stated' that it is a fact that these PUD master plans are not extremely binding, adding that they are to a point, but not on every detail, County Manager Lusk questioned if this could have been built if the PUD had not been approved, to which Ms. McKim stated that this site was originally zoned C-3 with a small portion of RMF-6, and the standards are the same for the portion that was originally C-3 so they could have built a building almost as large without the PUD document, .'. Tape 111 Public Works Administrator Archibald stated that both water reten- tion areas are constructed, adding that the original plan and the revised plan was approved by the Staff and WMAB, He stated that the acreage and capacity of the retention areas remain the same as the original plans. He noted that there is an outlet to Haldeman Creek, adding that the outfall has remained essentially the same. Mr, Ronald Townsend, 3324 Collee Court, stated that when he moved to this area one side of hi~ was zoned Agriculture and the other was Haldeman Creek. He noted that he has lived there for 25 years and has watched the area change, He stated that the loading dock is very close to his home and there is no buffer area there. He stated that this is a d~ad-end street and to turn around, people have to use his yard and with this development, he has about 30 cars a day turning Page 45 f¡l.¡ ~ 103'w.! 276 ," '~-"'-,~.......~;=,,_......;.._.~.."' ,~,----"....,....""",_..._... "'. .-...~-._-_...."."._.""'''_.._'''......-,''','~,.........~~.,.---"..,. < .' &CCX 103' p~'.t 277 APRIL 7, 1987 around in his yard. Commissioner Glass questioned if this is a private road, to which Assistant County Manager Dorrill stated that a portion of the road is private and the portion in front of Mr. Townsend's house and Mr, Smith's house is private and was never dedicated, adding that it is only a 30 foot right-of-way. Commissioner Goodnight stated that during Mr. Smith's presentation he referred to an EIS which was for the Collier DRI project and has nothing to do with Courthouse Shadows, She stated that she has some problems with the letter that Mr. Smith presented to them because he is requesting the State Attorney to broaden their investigation on Mr, Lusk and Mr, Lusk had nothing to do with this matter, She stated that he is also requesting that the Personnel Department reassign Pat Pickworth, Mr. Lusk' secretary, who also happens to be the wife of Collier Developments attorney, Don Pickworth, to a non-sensitive clerical position, adding that there is no need for Mr, Smith to be making accusations against the staff, County Manager Lusk questioned why the State Attorney should investi9ate this matter, to which Mr. Smith stated that he made some very strong statements and he is sure that he got everyone's attention as to how meaningless PUD's are, adding that he feels that the citizen has lost their voice in government and he was offended by promises that were never fulfilled and offended by lack of response from County government. He stated that he was totally frustrated and as far as Page 46 - - - '_.··'....·_~__n·.~.'·._......."..'''"..,.,........ ..,."......""""""'....._.__ ...-.._-_.~ _,_~."'.,,,......"'..,'C-_i>_...,,.......--__...,_""_, " APRIL 7, 1987 any accusations, he will discuss that with the State Attorney's off ice, County Manager Lusk stated that there are no accusations and Commissioner Hasse stated that he resents some of the things that have been said and he understands his frustrations and problems. Mr. Smith stated that he would withdraw any accusations that he made if this is necessary, but requested that the Collier Development Company be required to obtain an after-the-fact building permit because of the construction that commenced in December. Commissioner Hasse stated that this matter would be looked into, Item '9C1 FUNDING FOR SUNLIFE OB/GYN SERVICES THROUGH THE IMPROVED PREGNANCY OUTCOME PROGRAM (IPOP) FOR THE MEDICALLY INDIGENT WOMEN IN COLLIER COUNTY - CONTINUED Public Services Administrator O'Donnell stated that the Staff does not go along with the recommendation of Dr, polkowski's office, He said that he realizes that the Health Department is one of the contract agencies in the County under the Public Services Division and Dr, Polkowski has the opportunity to make proposals to the Board of County Commissioners without the interference of the staff. He stated that he is available for any questions, Dr. Polkowski stated that beginning July 1, 19B7, there will be a declining number of obstetricians delivering babies, She noted that last year there were ap~roximately 1,BOO deliveries in Collier County and beginning July 1st, there will only be 4 obstetricians delivering 8GOX 103' W.I 278 Page 47 " _·~···_"··~·'·i.·"·,_,_~"·..··.:."":_____",.""""""""~",,,,,,,·;,,",,,~',.~, .' ~~C, 103 w.\ 279 APRIL 7, 19B7 babies. She stated that there has been a lot of difficulties recruiting OB's to this community because of the high indigent load and the high malpractice rate. She stated that during the month of December, 46% of the deliveries in Collier County were to the medi- cally indigent. She stated that there is a tremendous indigent load on the private OB's and these are the higher risks patients also, She stated that to address the problem of too few OB's, there has been an OB Task Force that has been meeting, She indicated that there have been various proposals recommended and the final proposal is that a contract be developed with Sunlife OB/GYN Services, which is a private group out of North Carolina that contracts with various hospitals to provide OB/GYN indige~t care services only. She noted that Sunlife has five contracts on the east coast of Florida and each hospital gets money from its local tax dollars to pay for the program. She stated that the American College of Obstetrics and Gynecolo~ist recommends that there should only be lBO deliveries per year per physician, adding that if there are 1,000 deliveries in Collier County and only four doctors, that is a tremendous load on them, She stated that deliveries occur all times of the day and night and the physicians delivering babies also have their private practice with office hours to keep and they must sleep to provide quality care. She stated that the human capacity and quality care needs to be thought of, Dr, Francisco Smith, Chief of OB/GYN services of Naples Commu~ity Hospital, stated that he practices obstetrics and gynecology and has Page 4B '----~-------- - ...."""',._«,.""--""",-"..,,,,- "'^··..."..·,-".._~_·__".."""".....~''''..,,·.._...'1 "M"""'_"__'_"._ r- '1-"'...... --'""4 APRIL 7, 19B7 been in Naples five years. He stated that the problem of deliveries in Naples is a serious problem and he would like the Board to consider this program as it would solve problems on a long term basis, He stated .that the indigent patient will be given primary care for a change, He noted that the volume of indigents is increasing and the volume of physicians is decreasing, which makes it impossible and unreasonable for four obstetricians to deliver 1,800 babies a year, He stated that it is impossible to provide adequate and safe care to all these people, adding that it is going to affect the private community as a whole. He stated that at times care of one has to be compromised to handle the care of another patient. He stated that this program has been tested on the east coast and he has talked with the hospital administrators and thz physicians on the east coast and they are very pleased with this program and the indigent care is being well taken care of. He stated that the Sunlife group is qualified and board cer- tified obstetricians and have all the necessary malpractice insurance coverage, therefore, the County would not have to worry about liabi- lity, He stated that care would be applied 100% to the indigent and there will be no interfering with the private sector, Dr. polkowski stated that she is asking for a transfer of $35,750 from general revenue funds to the Health Unit for the program for the remainder of the three months of this year that the program would be in existence. She stated that after fee reimbursements, the net effect to the County would be a cost of $2B,250 for this fiscal year, She Page 49 t~C~ 103 w.~ 280 .. .."~'~. I "--- ,. ~.... .---....-........"..,...","'. "'''''"'''",."., '__~'",",,"'~d___'____~'_--...ói "''''''''''''>''''''''''---'~''"''''"''~'''''''-''''''';'"'""""",,,,,____,,~",,,...ö<o,,,,,.,.,,_~~,,,,_,,"_.~,,,..,""~,-,,." ""'''~'"_.~_~'__'""",,,,_,,__~,._,,,,,,,"..,",._,,,-,.~,,,~.,,",,,,,.,..,~·M"...."___....""'..,,..~_>_. - - - APRIL 7, 1987 in the taxing arrangements so that some of the money comes back to the County, Dr, P~lkoWBki stated that this request is based on no changes being made in the legislature, but if there are changes made, the net effect on the County will be less. Tape '12 Assistant County Manager Dorrill stated that he would suggest that staff's response be held until there is a full five member board because this contract with a private company involves about $900,000 through 19B9. He stated that he felt that it was important that the Board hear a brief presentation on the matter and then continue it until there is a five member board. Dr, Smith state~ that this program is ready to go into effect any- time within 3 or 4 months, adding that the crisis is now and help is needed. Dr. Ketterhagen, representing Naples Obstetrics and Gynecology, stated that what is going to happen this summer is simply a con- tinuation of a problem that has been going on, adding that this problem is acute now and has been for years. He stated that they will be going from carrying 20% of the load to 25% of the load per obstetrician. He stated that the community is losing one of its obstetricians but it can absorb the increase if it takes the stand to try and re~ruit personnel here. He noted that the dollars that are going to be spent on this private company could be used as an induce- .-. Page 51 lOOK jl~'A~[~ " ~~"".__.",..."",_. ,,'''''"~',~"~ . """"----""- ~--.-'''"'''''''"",,,,',- .~ ....¡, .f ,OaK 'jl~'A~t~~ ·,je.A APRIL 7, 19B7 ment to bring physicians into the area and become a part of this solution. lie stated that this contract is not a long-term permanent solution, noting that it is a short-term stop gap expensive proposal, He stated that to hire two physicians that are going to rotate with other physicians is a short-term solution to the problem, he stated that if the County wants to help out, they should make the malpractice in~urance cheaper or set monies aside to assist a new person coming into town with his expenses. He stated that these are things that are not been looked at yet and the problem is acute, physicians are over- worked and underpaid for what is being done, but it can be handled for another year if the County is behind them trying to help solve the problems. Assistant County Manager Dorrill stated that there are several options that are available. Dr. Smith stated that 90% of the Department of Obstetrics and Gynecology are supporting the Sunlife group and Dr, Ketterhagen is the only one that has reservations, Mr, Bob Krasowski stated that there is a problem in Collier County with regards to birth, adding that a birthing center is what is needed. Mrs. Charlotte Westman stated that this problem is not going to go away and it is a serious problem that must be addressed. She stated that the amount of money cannOL be the important factor when it comes to delivering babies or care of babies. She stated that if another I. Page 52 - - - - - - , . APRIL 7, 1987 OB/GYN physician should leave the ar~a or the practice, Collier County would have more of a problem. Mr, Harvey Gardy, representative of Sunlife, stated that the phy- sicians that come to the area come in and buy homes and live there, adding 'that the contracts start with one year so that they have a chance to prove themselves and then the contracts are usually renego- tatied for multiple years, Mr. Dorrill stated that he will continue meeting with Dr. Polkowski in the interim to discuss the matter further, and will be back in several weeks to make a recommendation. Dr, Polkowski stated that there is an OB Task Force that has been meeting over the past year and this task force includes representation from the County Manâger's office, the Commission, the Hospital, the OB's, and the Healt~ Department, She stated that this recommendation came from the OB Task Force. Item t9A1 STAFF TO PREPARE REQUEST REGARDING REZONING FROM A-2 TO A-2 MH FOR SEC, 16, TS1S, R27E AND APPROVING SITE DEVELOPMENT PLANS FOR FARM LABOR HOUSING WITHIN SECTION 16 FOR PROPERTIES LICENSED BY THE STATE OF FLORIDA WHICH MEET THE CRITERIA OF SECTION 9.3 OF THE ZONING ORDINANCE Planning/Zoning Director McKim stated that she is requesting that the BCC direct the Planning Department to request a rezoning from A-2 to A-2MH, which is Mobile Home Overlay, for Section 16, TSIS, R27E and to also approve site d~velopment plans for farm labor housing, She stated that this section is in the Six-L Farms area and it is a full Page 53 ~~~K- 103' PA~r 284 " '\.fr· I ~~ ~ aoar: l03mi 285 APRIL 7, 1987 section of land, most of which is undeveloped at the time, and is owned by numerous property owners. She stated that there are numerous zoning violations in this area, adding that there are mobile homes in the area and too many on one parcel. She stated that in looking into this, there are a lot of mobile homes there that have been there for a long period of time and most of the people in the mobile homes work for Six-L Farms. She stated that there are several solutions possible and one solution is to rezone this area to include a mobile home overlay which would allow mobile homes in the area. She stated that the mobile home overlay would only solve part of the problem and she is suggesting that Staff be directed to move forward on this rezone, She stated that there is also a farm labor camp that is licensed by the State of Florida and there have been no building permits issued for the trailers there nor has there been any approvals for septic tanks. She stated that the Zoning Ordinance provIdes a sectìon to approve farm labor housing by a site development plan and that plan tech- nically only needs approval by the Zoning Director and she would like direction from the Board of County Commissioners to pursue this for the one property that is licensed by the State and to possibly set up another property that some of the mobile homes could move to as there are too many mobile homès on some lots, She stated that this would be brought back to the Board, She noted that there is criteria in the Zoning Ordinance that controls the farm labor camps, which is very specific and would also require buffers, She stated that there is Page 54 - ,.......,~ ~.._....""",...."~..,........__~'" 'C _..~c,..'_ ...,'., -._""""'...._--" .' ......_,~.~..._--~;-'",..."-,-~."'''"' - - - APRIL 7, 19B7 also another solution which is to do nothing and to direct staff to enforce the current ordinance, adding that these people are on 30-day eviction notices and the next would be a 15-day followed by a 7-day and then to court. She stated that she has received letters and peti- tions óf over 160 people asking that something be done to allow these people to stay there. Commissioner Goodnight moved, seconded by commissioner Pistor and carried 4/0 (r.ommissioner Saunders absent), that staft be directed to investigate this matter regarding the rezoning of this area. Ms, McKim stated that in the meantime, she would put a hold on all the violations, .. AAAAA Recess: 4:45 P,M, - Reconvened: 5:05 P.M. **AA* Item I9B1 BID 187-1086, CAlIAL ACCESS RAMPS, PHASE II GOLDEN GATE ESTATES DRAINAGE SYSTEM - AWARDED TO HARPER BROS. IN AMOUNT OF $29,496 Legal notice having been published in the Naples Daily News on March 2, 19B7, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid #B7-1086 for canal access ramps for the Golden Gate Estates Drainage System, until 2:30 P.M" March 18, 19B7. Public Works Administrator Archibald stated that this request is to construct 8 canal access ramps in the Golden Gate Estates canal system, He stated that staff is recommending that Harper Brothers be awarded this contract ~nd he is also requesting approval of a budget Page 55 aoo.: lUJ"PA(i(286 ..' .=,~,<~._,,,,,<,,,.~"¡"---",,"~~'""""'- ----,,"'" ~ " ", '.--'''-- "...,....~~--...... -..... "-"-'''~"''''''._'.. .....¥.. ,.. ""~..~~,-,.~-~...,---_... '-"""-"-"~"-"""""'--',,"",,' .' am 10a WÆ 287 ~ APRIL 7, 19B7 amendment because the low bid is $4,500 above the monies that were set aside, Commissioner Pistor moved, seconded by Commissioner Goodnight and carried 4/0, (Commissioner Saunders Absent), that Bid t87-1086, for canal access ramps for Golden Gate Estates be awarded to Harper Brothers in t~e amount of $29,496. Item f9B2 OUTSTANDING INVOICE FOR COMPUTER FLOOR IN TAX COLLECTOR'S BUILDING - APPROVED IN THE AMOUNT OF $16,165 Public Works Administrator Archibald stated that this is a recom- mendation to approve an after-the-fact installation of the computer floor in the Tax Collector's building which was part of the contract to remodel and renovate Building C-l, but staff decided to allow that work to be done under a sub-contract agreement where there were savings and a need to coordinate the work with the activities that are being undertaken in the Tax Collector's building. Commissioner pistor moved, seconded by commissioner Glass and ., carried 4/0, (Commissioner Saunders absent) that the outstanding invoice for the comput~r floor in the Tax Collector's building be approved in the amount of $16,165, Item '9C2 RESOLUTION 87-75 APPROVING THE AMENDED FEE STRUCTURE FOR THE PERSONAL HEALTH CARE SERVICES OF THE COLLIER PUBLIC HEALTH UNIT - ADOPTED Public Services Administrator O'Donnell stated that this is a request to approve a sliding fee scale for the various programs t-hat Page 56 - .. ..".."......_-'-"""'...,--......_--,-""""..,...,.."'=~"".__. --... ~'---,...."-- .' eOnK 1D3 f'1';! 305 APRIL 7, 19B7 Item UC3 ~EASE AND FUNDING OF OFFICE FOR DEPARTMENT OF VETERAN SERVICES _ APPROVED Public Services Administrator O'Donnell stated that this item is to request that the Board authorize a lease and provide funding for the Department of Veteran Services, adding that currently they are housed in a small trailer on the Courthouse campus which is proving to be inadequate based on the number of clientele that they have been generating over the last year which has resulted in a 400% increase, He stated that the Director, in conjunction with the Real Property Department, has been able to secure a lease at 2124 Airport Road which would provide them with more than adequate office space for their existing needs and fOf some time to come. He noted that under the current County Master Plan no arrangements have been made to house their services on the courthouse campus. He stated that they do very little interphasing with any of the County departments other than for administrative purposes, personnel or payroll matters and, therefore, it was felt that moving them off campus would not be a negligible , impact upon the veterans, He stated that an endorsement was also received from the Veteran's Services Group who has been presented with this proposal, He stated that staff is requesting approval of the lease as well as the necessary budget amendments. Commissioner Goodnight moved, seconded by Commissioner Glass and carried 4/0, (Commissioner Saunders absent), that the lease and Page 58 - - - 'M~^"'~,'''''''''''''_''*''-_'''''''___'''''___'''m_>o'~''''''''_'_'_'_''''''''''''''~''''''_""'',..-",.."" ._,~ - ... - APRIL 7, 19B7 Item f9D1 BID '87-1082, TRINITY PLACE WATER SERVICE SPECIAL ASSESSMENT DISTRICT, WATER DISTRIBUTION MAINS - AWARDED TO MITCHELL , STARK CONSTRUCTION COMPANY IN THE AMOUNT OF $53,747.35 Legal notice having been published in the Naples Daily News and the Fort Myers News-Press on February IS, 1987, as evidenced by Affidavits of publication filed with the Clerk, bids were received for Bid B7-l0B2 for Water Distribution Mains for Trinity Place Water Service Special Assessment District until 2:00 P.M., March ll, 19B7, Utilities Administrator Crandall stated that this item and the next item are 100% assessment projects that have been underway for quite sometime, adding that he is asking that the bid be awarded to the low bidder, Mitchell & Stark, for this bid and the next bid which is Bid B7-10B3, Commis3ioner Goodnight moved, seconded by Commissioner Glass and carried 4/0, (Commi~sioner Saunders absent), that Bid '87-1082, Trinity Place Water service special Assessment District, Water Distribution Hains, be awarded to Hitchell , Stark Construction company in the amount of $53,747,35, being the low bidder ar.u in the best interest of the county. Item t9D2 BID '87-1083, BLUE HERON WATER SERVICE SPECIAL ASSESSMENT DISTRICT, WATER DISTRIBUTION MAINS - AWARDED TO MITCHELL , STARK CONSTRUCTION COMPANY IN THE AMOUNT OF $55,930,79 Legal notice having been published in the Naples Daily News and the Fort Myers News-Pr~ss on February 15, 1987, as evidenced by Page 60 .aDD!: lOaw~314 J" ~,~.-,-",-,.._." 'W1\ .' aOOK 103' PAG( 315 ~ APRIL 7, 19B7 Affidavit of publication filed with the Clerk, bids were received for Bid B7-10B3, Blue Heron Water Service Special Assessment District, Water Distribution Mains until 2:00 P.M., March 11, 19B7. commissioner Goodnight moved, seconded by commissioner pistor and carried 4/0, (Commissioner Saunders absent), that Bid '87-1083, Blue Heron Water Service special Assessment District, Water Distribution Mains, ~e awarded to Mitchell , Stark Construction Company in the amount of $55,130,79, being the low bidder and in the best interest of the County, Item UD3 BUDGET AMENDMENT PROVIDING FUND 408 CONTINGENCY RESERVE FUNDS FOR INTERIM CONSTRUCTION FINANCING OF BLUE HERON AND TRINITY PLACE WATER SPECIAL ASSESSMENT DISTRICTS - APPROVED IN THE AMOUNT OF $109,679 Utilities Administrator Crandall stated that this is to approve a budget amendment so that he can use the $l09,679 necessary to fund this construction until such time as the project is complete and the final figures are known so that the money can be borFowed for a short term note to be retained by the 100% assessment project, " Commissioner Goodnight moved, seconded by Commissioner Glass and carried 4/0, (Commissioner Saunders absent), that the budget amendment providing Fund 408 contingency reserve funds for interim construction financing of Blue Heron and Trinity Place Water special Assessment Districts he approved in the amount of $109,679. Page 61 - .., - ." -'~M_'~______",_","",_,,,,,_,,,",,,,,,,,,,v.,,,",<~~~,,,"____,,,\__,,,,,,,____,,.."-,,,...,.,~" - '.. - APRIL 7, 1987 Tape 113 Item f9D4 PROFESSIONAL ENGINEERING SERVICES FOR THE EAST AND SOUTH NAPLES SANIT~RY SEWER COLLECTION SYSTEM - APPROVED Mike Arnold, Assistant Utilities Administrator, stated that this is a request for permis5ion to go out for RFP's for engineering ser- vices for the East and South Naples Sanitary Sewer Collection System. He stated that if it is the pleasure of the Board to go forward with this, he would also ask that the Board of County Commissioners appoint a staff selection committee comprised of Assistant County Manager Dorrill, Harry Huber, Bill Lorenz, John Madejewski and himself, He stated that on May 19, 19B?, he would be coming back to the Board for the final selection:"of the short list. Assistant County Manager Dorrill stated that in light of the fact that the Board is going to handle these type of items in workshop sessions, this could be done on May 20, 19B7. Commissioner Glass moved, seconded by Commissioner Goodnight and carried 4/0, (Commissioner Saunders absent), that the RFP's for pro- fessional engineering services for the East and South Naples Sanitary Sewer Collection System be approved. Item UD5 CONSULTANT PROPOSALS TO PERFORM A COMPREHENSIVE UTILITY RATE STUDY - APPROVED Mike McNees, Utilities Administration Director, stated that this is a request to authorize the Utilities Division to request proposals Page 62 ðeOK lO3'w.¡316 ,... ~M'.,.W'''''.·''''''''''_"'''''''''''_''''''''''''"'''''''~__'''''''_'''_;''''_''''..........'"'__.....'__"'"'>"'~,,..,""',.~. W1I .' m~ 103 P1Gt 317 ~ for a comprehensive rate study, APRIL 7, 19B7 He noted that this is pursuant to a discussion that was held on March 24, 19B7, whereby the Board of County Commissioners indicated that they would like Utilities to go out for a study to include all the user fees, system development charges, and meter tapping type fees so that costs of capital expan- sion can be properly allocated and he is asking for authorization to seek proposals from an accounting firm for this study. commissioner Goodnight moved, seoonded by Commissioner Glass and carried 4/0, (Commissioner Saunders absent), that the consultant pro- posals to perform a comprehensive utility rate study be approved. Item U1A BUDGET AMENDMENTS 87-214/215; 87-218/220; 87-222/226 - ADOPTED commissioner Goodnight moved, seconded by Commissioner Pistor and carried 4/0 (Commissioner Saunders absent), that Budget Amendments 87-214/215; 87-218/220; and 87-222/226 be adopted, Item UIC BUDGET AMENDMENT RESOLUTION 87-027 - ADOPTED Commisßioner Goodnight moved, seconded by Commissioner Glass and carried 4/0, (Commissioner Saunders absent), that Budget Amendment Resolution 87-027 be adopted. Page 63 - ... - ."..,~..'''''.,,,-,.,,,,.~,,,,.,,,,-,,- ~'""."'''-""''''''''''''''''''''~'"-'~'''-----'--''''!I!_-'''''''''''''~~'.~.".,,' -' !OOK 103'PAr,t319 APRIL 7, 1987 Item t11D ..... $39,905 PAYMENT FROM GENERAL FUND TO PAY WATER/SEWER ASSESSMENTS IN IMMOKALEE - APPROVED Finance Director Yonkosky stated that this item deals with a recommendation to approve a payment in full of special assessments on County-owned property, adding that the Immokalee Water and Sewer District submitted five bills to the County with special assessments on County-owned property and only three of those properties were actually County-owned properties, He noted that the County Attorney's office has determined that the three special assessment notices received are valid and the County is legally required to pay these three assessments and that the Immokalee Water and Sewer District has a right to levy special assessments against County-owned government properties. He stated that the three pieces of property are the Immokalee Courthouse, the Immokalee Park, and the County boat ramp and picnic area at Lake Trafford, He stated that a schedule of the costs associated with each of these special assessments is identified in the Executive Summary and the total principle and inter~st is $39,904,14 through April 15, 1987. He noted that this will pa~ these three spe- cial assessments off completely, but if they were paid over a period of time, it would be approximately $4,000 a year for the next several years, He reported that this was an unanticipated expense and, there- fore, there were no funds budgeted for this payment which would mean that the funds would have to come from the General Fund COl1tingency Page 64 - _. - .··."'~...,______......"'"..._""'.""'..",""''''''''''_·_·,,".__.,,~~,·~'·'_;.e''''''''.____..._""."_'"''''".~,,__'"''~,',,.,.._' - '- - APRIL 7, 1987 Reserve. He stated that the recommendation i~ that the Board approve payment in full of these special assessments to the Immokalee Water and Sewer District and that the Board authorize the transfer of appropriations in the amount of $39,905 from thc Gcneral Fund con- tingency to the Other General Administrative account for payment, Commissioner pis tor moved, seconded by Commissioner Goodnight and oarried 4/0, (Commissioner Saunders absent), that the $39,905 payment trom the General Fund to pay the water and sewer assessments in Immokalee be approved. Item U2A MEETINGS TO BE HELD EVERY TUESDAY INCLUDING THE 5TH TUESDAY AND SPECIAL MEETINGS TO BE HELD ON WEDNESDAY OR THURSDAY FOR WORKSHOPS OR CONSULTANT INTERVIEWS IF NECESSARY UPON APPROVAL OF THE COMMISSIONERS Commissioner Hasse stated that due to the length of the meetings and only having four Tuesday meetings when some months have five Tuesdays, he would ~uggest that the Commission have meetings every Tuesday and if it is necessary then special meetings be held on Wednesdays or Thursdays for interviews with consultants or workshops, Commissioner Pis tor stated that he and Commissioner Goodnight have meetings on the third Thursday of every month in Ft. Myers and he also has meetings that occur sometimes on Wednesday and would ask that before setting a positive date, all the Commissioners are contacted, Commissioner Goodnight moved, seoonded by Commissioner Glass and carried 4/0, (Commissioner Saunders absent), that meetings be held every Tuesday, includi~g the tifth Tuesday, and special meetings to be UDK .103'PAGr320 Page 65 ,- .^."".-..",,,.,,.,;.~,,,,,,---"~,-,_..,,,,",~---,,.---_..,-~,,_... .,.-..., ~"<'"_'''''''''_'''''_''''''''''''''"f,'",,'',,'_'''''-'_'''''''"''''''''"''___''_'''"".",_",_,_...,;,.--,_.>._""~_".~_,._,,,,,._ 'WI' .' aOOK 103 PAr,[ 321 ~ APRIL 7, 1987 held on Wednesday or Thursday for workshops or consultant interviews if necessary with the understanding that the commissioners be con- tacted prior to setting a Wednesday or Thursday meeting date. Item t12B COMMISSIONER GOODNIGHT TO SERVE AS THE LIAISON BETWEEN THE STATE ASSOCIATION AND THE COUNTY FOR THE STATE MEETING IN OCTOBER AND TRAVEL FOR THESE MEETINGS - APPROVED Commissioner Glass moved, seconded by commissioner pistor and carried 4/0, (commissioner Saunders absent), that Commissioner Goodnight be authorized to travel to meetings with regards to the Florida Association of counties State meeting that will be held in October. Item t12C RESOLUTION 87-76 APPROVING OPERATION FAIR SHARE - ADOPTED Commissioner Pis tor stated that while he was in Washington at the NACO meeting, resolutions were presented asking Congress to pass Operation Fair Share that would allow counties to receive a reasonable amount of reimbursement for medicare, health care anp other expenses attributable to undocumented immigrants, He stated that this is no guarantee but it may get more money for Collier County, commissioner pis tor moved, seconded by Commissioner Glass and carried 4/0, (Commissioner Saunders absent), that Resolution 87-76 approving operation Fair Share be adopted. Page 66 - _. - """"'~_'"'''''''''''''''''__,",;."~".........._____....___",,,'''_"''''O.''''·''"O''''_ . _.~..";,_",_____._".,~.~~""-;"-,,"-,,,~,,_,,._,,,.._.,,....,,..,,,,"__...,."........,_,....._, .r ~ M9: l03f~~323 Item t12D APRIL 7, 19B? RESOLUTION 87-77 APPOINTING MR. RICHARD LYDON TO THE PUBLIC VEHICLE ADVISORY COMMITTEE - ADOPTED Administrative Assistant to the Board Israelson stated that this vacancy is due to the resignation of Mr, J. C. Smelko, adding that resumes were received from three applicants. She stated that Staff has recommend~d the appointment of Mr. Richard Lydon of Lydon Transportatior.. Commissioner Glass moved, seoonded by Commissioner Goodnight and carried 4/0, (Commissioner Saunders absent), that Resolution 87-77 appointing Mr, Richard Lydon to the PUblic Vehicle Advisory Committee be adopted, í;¡ Page 67 - _. - ^,.,""''',._,---~. _..... ......._.,.."..,,,,,,,..;w..,,....,.,,"""""....,,,,__..,.,_.."'....."'........ .' mK 103".,,;£325 ~ APRIL 7, 19B7 Item *12E RESOLUTION RE SHERIFF OF COLLIER COUNTY TO BE PROJECT DIRECTOR OF THE F,-911 - CONTINUED ONE WEEK Commissioner Glass stated that he is asking that this item be con- tinued for one week so that he can discuss this with the County Attorney, adding that there are a few items regarding the authorities from the Board that he needs resolved. County Attorney Cuyler stated that he does not feel that there will be any problem, he just needs to clarify a few things and a one week continuance would be sufficient, Item U2F PROPOSAL SUBMITTED BY NAPLES SOUND, INC. TO UPGRADE SOUND SYSTEM IN BOARDROOM - APPROVED Assistant to the County Manager Olliff stated that staff was asked to look at the sound system for the Boardroom and come up with some correctional measures, He stated that the original proposal for the sound system was pared back to meet the budget and because of this, a lot of the rewiring work as well as other work was cut, which should have been done. He noted that to give this system ð'chance, the ori- ginal proposal should be completed in order to correct some of these problems. He stated that Sound System is requesting that half of the money be paid at the signing of the agreement and the other half upon completion of the project, adding that this will enable him to provide the necessary hardware, Assistant County Manager Dorrill stated that he would coordinate Page 6B - _. - ,', '···''''·''''"'''·'''·''~·~'·~'''''''>·''''''''''·''~'·;"'''H~~'',..;"·,.,,,~"__.."*";,............._",-...,,,,__..,._____ - .- - APRIL 7/ 1987 the payment through the Finance Director, commissioner Glass moved, seoonded by Commissioner Goodnight and carried 4/0, (Commissioner SaunderB absent), that the proposal sub- mitted by Naples Sound, Inc, to upgrade the sound system in the boardroom be approved. " Page 69 &OO~ 103 mE 326 ," 'W1I - .. . APRIL 7, 19B7 Item f12H COMMISSIONER SAUNDERS ~UTHORIZED TO ATTEND THE FLORIDA ASSOCIATION OF COUNTIES MEETING IN TALLAHASSEE Commissioner Glass stated that Commissioner Saunders has expressed his desire to travel with Commissioner Goodnight and Commissioner Pistor to an upcoming conference. Commissioner Glass moved, seconded by Commissioner Goodnight and carried 4/0, (Commissioner Saunders absent), that commissioner Saunders be au~horized to attend the Florida Association of Counties meeting in Tallahassee. Item f12G ACTING COUNTY MANAGER'S AGREEMENT - APPROVED, PERSONNEL DIRECTOR AUTHORIZED TO ADVERTISE FOR COUNTY MANAGER POSITION Commissioner Hasse read an agreement that would appoint Assistant County Manager Dorrill as Acting County Manager effective April 25, 19B7, and asked that the Commission approve this agreement. County Attorney Cuyler stated that he wants to clarify that the County Manager ordinance is in the process of being reviewed and amended and that this contract is not within the scope of that, adding that this is for an Acting County Manager situation, Assi5tant County Manager Dorrill stated that he has no problem with this. Commissioner Goodnight moved, seconded by Commissioner Glass and carried 4/0, (commissioner Saunders absent), that the Acting County Manager's agreement be approved, Page 70 800.; 103'~~~f 328 ,. 'tot1I .f ~ODK 103 m~ 3'29 APRIL 7, 19B7 Administrative Services Director Ochs stated that the material that was submitted to the Board provides a plan of action and a pro- posed flow chart outlining target dates for recruitment evaluation and final selection of County Manager candidates and it also includes sample advertisements to be placed in professional journals and other publications. He stated that there is also a draft job description for the County Manager's position as well as the rp.cruitment sources that he would consider placing advertisements in at this time, Commissioner Goodnight questioned the formats of the adver- tisements, to which Mr. Ochs stated that one of these advertisements is more geared toward professional newsletters and the other adver- tisement would be used in newspapers, commissioner Goodnight moved, seconded by Commissioner Glass and carried 4/0, (Commissioner Saunders absent), that Staff be directed to advertise for the position of the County Manager. ,. " Page 71 ... - .- - APRIL 7, 19B7 GROWTH MANAGEMENT WORKSHOP - POSTPONED Assistant County Manager Dorrill stated that the workshop on Growth Management that was scheduled for tnis date would be postponed to a later date. AAA commissioner Pistor moved, seconded by Commissioner Goodnight and carried 4/0, (Commissioner Saunders absent), that the following items be approved and/or adopted under the Consent Agenda with it being noted that Item 14A1 is a resolution and not an ordinance; that Item 14B2 has 6 pages attached to it that is not associated with it; and that Item 14C1 has a new Executive Summary which indicates the associated cost: Item '14A1 RESOLUTION 87-78 AMENDING RESOLUTION 87-19, TO CORRECT AN INCORRECT EXPIRATION DATE To change expiration date from March IB, 19B7 to March 18, 19BB, See Pa3e ..337 Item '14B1 LAKE TRAFFORD MEMORI~L GARDENS CEMETERY DEEDS NOS, 500 & 501 See Pages .3 3K- 337 Item '14B2 BID '86-1059 - TWO ADDITIONAL 1/2 TON PICKUP TRUCKS - AWARDED TO BILL GALLMAN, GMC IN THE AMOUNT OF $16,969.44 Item 114C1 LOCAL CIVIL AIR PATROL TO RECEIVE SURPLUS SCHOOL BUS Item '14C2 CHAIRMAN AUTHORIZED ~O SIGN CONTRACT FOR FY-1987 LIBRARY OPERATING GRANT ADMINISTERED BY THE STATE LIBRARY OF FLORIDA See Pages 3-sto -.3¢.l- Page 72 BOOK lOa PAG( 3'32 ,. "'''~'.".~_~.".."..".",_,.."".._."",_"...,,,,'c'''_''_'_~''''__,,_..___~ ~ .' ~ &001( loa pm a3a APRIL 7, 1987 Item U4C3 CONTRACTS WITH SERVICES FOR SENIORS SE~VICS PROVIDERS - AMENDED TO PROVIDE COMPETITIVE RATES See Pages .3 Jj3 - .55'ð Item '14D1 CHAIRMAN AUTHORIZED TO SIGN LEASE AGREEMENT WITH THE WOODLAKE SEWAGE DISTRICT, INC, FOR SALINAS DRIVE SEWER FACILITIES WITHIN PORT-AU-PRINCE SUBDIVISION See O.R. Book 1260, Pages 731-733 O.R. Book 1232, Pages 1965-1966 Item '14D2 ACCEPTANCE OF RIDGEPORT PLAZA SHOPPING CENTER ON-SITE SEWER FACILITIES See Q,R. Book 1260, Pages 718-730 Item '14D3 5\ SALARY INCREASE AUTHORIZED FOR UTILITIES ENGINEERING DIRECTOR Item U4D4 CHANGE ORDER NO, 2 (FINAL) FOR SEWER AREA "A" WASTEWATER TREATMENT PLANT MODIFICATION' EFFLUENT SPRAY IRRIGATION - $4,002,00 FOR WIDELL , ASSOCIATES See! PageR ~s/- .353 Item U4DS ACCEPTANCE OF UTILITY EASEMENT AND AFFIDAVIT FOR ACQUISITION OF LELY ESTATES SEWER SYSTEM See O.R, Book 1260, Pages 709-717 Item '14D6 AUTHORIZATION TO RETAIN THE SERVICES OF AN OUTSIDE ATTORNEY FOR EMINENT DOMAIN PROCEEDINGS REQUIRED FOR THE COUNTY'S WELLFIELD EXPANSION PROJECT IN AN AMOUNT NOT TO EXCEED $3,500 Item '14D7 Page 73 - _. - '-"-"---.,----~----,-__""""_""';.__..~".......",..."_,_,_.,,._...._'........M'"'··'·~,"'~""...',,"_,""_.._"',",.;~..p.',,·~"o_'""0.",' -- - - APRIL 7, 1987 RESOLUTION 87-79 AUTHORIZING ACQUISITION OF WELL AND EMERGENCY GENERATOR FACILITY SITES FOR COUNTY REGIONAL WATER SYSTEM, GOLDEN GATE WELLFIELD EXPANSION See Pages 3.s-i - .3.s-~ Item '14E1 AUCTION FOR SALE OF SURPLUS ITEMS, AUTP(,RIZATION TO HIRE AUCTIONEER FOR ONE DAY, AND AUTHORIZATION FOR NECESSARY BUDGET AMENDMENTS See Pages 3S7-...37ð Item 'l4E2 RESOLUTION 87·'80 ADOPTING THE COUNTY EMPLOYEE SERVICE AWARD PROGRAM; RESOLUTION 87-81 ADOPTING THE SAFETY IDEA OF THE MONTH AWARD PROGRAM; AND RESOLUTION 87-82 ADOPTING THE COUNTY EMPLOYEE OF THE MONTH AND YEAR AWARD PROGRAM See Pages ..37/- .3 7 t- Item 'l4E3 CLERICAL POSITIONS IN THE PROBATION DEPARTMENT RECLASSIFIED Clerk III to Department Secretary Clerk I to Clerk II Clerk II to Clerk III Item #14G1 CERTIFICATES OF CORRECTION TO THE TAX ROLLS 19B6 TAX ROLL 164 - 165 167 - 170 3/24/B7 3/24/87 - 3/25/B7 19B6 TANGIBLE PERSONAL PROPERTY 19B6-197/19B6-203 3/16/B7 - 3/30/87 Item U4G2 SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC DEFENDER See Pages 37t? - .:E3'S Page 74 aOOK 103' PAGt 3"34 ,.' ....._-"'----""""~,.;'''',"~'''- 'W1' .- ~aDDK 103PAGt335 APRIL 7, 19B7 Item tUG MISCELL~NEOUS CORRESPONDENCE rILED AND/OR REFERRED There being no objection, the following correspondence was filed and/or referred to the various departments as indicated below: 1, Letter dated 02/04/B7 from Bob Siebold, Chief, Big Corkscrew Island Fire Control & Rescue District, advising of Fire Commissioners of the Big Corkscrew District, Filed, 2, Budget Amendment received 03/25/B7 from Court Counseling Program for $100 out of object code 5436 (Other Educ. Exp,) and into object code 4030, to cover $97 shortage in the Out of Cuunty Travel. File~. 3, Budget Amendment received 03/27/B7 from Judge Hayes trans- ferring funds from Approp. No. 6431 $1,750 into Approp. No, 4030 to enable Judge Hayes to travel to Judicial Seminar and training sessions. Filed. 4, Letter dated 03/23/87 from Dale Twachtmann, Secretary, DER, advising that $470,000 remains available for Local Hazardous Waste Collcction Center Grant Program and requests a response by April 17th. Referred to Neil Dorrill, Dr. Proffitt and filed. 5, Memorandum dated 03/17/B7 to Interested Persons from Dave Worley, Office of Coastal Management, DER, ~egarding Public Notice of Amendments to the Florida Coastal'Management Program. Referred to Dave Pettrow, Dr. proffitt and filed, 6. Memorandum dated 03/1B/B7 to Interested Parties from James W, MacFarland, Director, Division of State Lands, DNR, regarding Proposed Mangrove Trimming Policy, Referred to Neil Dorrill, Dr. Proffitt and filed, 7, Minutes: 03/03/B7 - Marco Island Beaut, Comm. and 04/07/B7 Agenda 04/02/87 - Agenda - Collier County Planning Commission B. Order dated 03/19/B7 from Public Service Commissi~n Granting Application for Water and Sewer Certificates under Grandfather Rights and Approving Rates and Changes, Docket No, B6041B-WS, Order No. 17300, regarding Application of Wyndemere Services, Inc. for wate~ and certificates in Collier County under' Grandfather Rights, Referred to Bruce Anderson and filed. Pðge 75 - _. - .' ......,.. Oi ar"~ .... ....~ "'_~_'",",.."..,,,,,,.",,,,,,*,,_,,_~.,~,,...~"~,,_,.,,.,.,.."._.'_....__,.__t+·",·~.,~_".._.'-,·.",,,",,'.,,.,,",',.'"'."'_",..,..'^',.o""....,·,~..·, - - - APRIL 7, 19B7 9, Notice to Owner dated 03/16/B7 from Crews Concrete Pipe Co., Inc" informing that they h9ve furnished reinforced concrete drainage pipe for improvement to Santa Barbara Blvd, Referred to Neil Dorrill, George Archibald and filed, lO. Notice to Owner dated 03/25/B7 from Acousti Engineering Co. of FL, informing that they have furnished interior finishes for the improvement of Marco Island Community Park, Marco Island under an order given by Mollenhauer, Inc, Referred to Neil Dorrill, Kevin O'Donnell, Cliff Crawford and filed, ll, Letter dated 03/25/B7 from Edwin J. Hill, Jr" Deputy Dept, Dir. - Finance, South Florida Water Management District, sub- mitting a copy of the 19B5-86 Financial Statement of SFWMD, 12, Received 03/27/B7 Summary of Hydrologic Conditions in the SFWMD, prepared by the Resource Regulation Department of the SFWMD, February, 19B7, Filed. *** There being nO ~urther business for the Good of the County, the meeting was adjourned by ordc~ of the Chair - Time: 5:30 P,M, BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~{i;~þ ATTEST: J~~ ~G 1ILES;JCLERK ,..,~~~ '.', ~·~~.cPC' :::', ¡ These miriubes' approved by the Doard on ~a-y .s; / /')"'J" \s ·presen~~rt ~ or as corrected 0 ~, , . . Page 76 ~lIOK 103 p~<:£ 336 ,. ... ....__,,_O!I...._......'".......""'... .,<".;,.__~,__"',....."";~__~_~__..._~""'"'"..,...~..-,.,,"',.,..-"~'~"-'" 'tof1I