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BCC Minutes 10/15/1985 R Hapl.., Florida, October 15, 1985 LET IT BE REMEMBERED, that the Board of County Commissioners In and for the County of Collier and also acting as the Board of Zoning App~als and as the governing bo~rd(s) of such special districts as have becn creat~d according to la~ and having conducted business herein, met on this date at 9:00 A.M. in Regular Se..lon in Building -f· of the Courth~use Comp!ex, East ~aples, Florida, with th~ following members prt!sent: CHAIRMAN: Frederick J. Voss VICE CHAIRMANs John A. Pistor .., '. Max "Hasse C. C; -Red- Holland Anne Goodnight . Willtalll J. Reagan, Clerkl Jame. C. Gile., Fiscal ALSO PRESENT: , Officer; Elinor M. Skinner, Deputy Cl&!kl Kenn~th Cuyler, Assistant County Attorney; Donald B. Lusk, County Manager; Neil Dorrill, A~sistant County ~nager; Pam brangaccio, Deputy Assistant County . Man~ger; Vickie ~ullins, C~mmunity Development Administrator; David J. Pettr~~, Planning/Zoning Director; Donald N?rton, Public Services '. Admini,trator, Ann McKim, Planner; Mike McNees, Utilitiesl Nancy Israelson, Administrative Assistant to the Board; and Captain Sam Bass, Sherif f' s ,Depar tmen t. " &OO( 090 pm208 PdgO 1 --..-- -;"-~-"'---""""---""""""""~"''''-''~'---;-''''--'''-' ,-..,~., ~ tJ Tape Ullt( 090 mE 215 It.. 11- AGENDA - APPROVED AS AME1IDED Co..lssloner Pis tor .oved, seconded by Co..issioner Goodnight and carried unani.ously, that the agenda be approved with the following a.end.entss October 15, 1985 A. 13A - Designation of October 3lst'as -Trick-or-Treat. night for Halloween - added by County Manager B. 138 - Commissioner Pi.tor to replace Commissioner Voss as Representative on the ~WFRPC - added by County Manager C. 13C - Requ~st of C?llier County Fair Board t~ share cost of site preparation for property located on Immokalee Road - added by County Manager D. 13D - Update report from Solid Waste Committee - added by County Ma nager E. 16D(1) Utilities changed to 168(2) Public Works - at request of County Manager F. 16£(1) moved to 10E(1) - Holiday Schedule - at request of of County KDnager Ite. 12 ., " . MINUTES OF 9/9/85, BUDGET MEETING AND 9/30/85, PAAB - APPROVED - Co..issioner Pistor .oved, seconded by CommIssioner Goodnight and '~ carried unanimously, that the minute. of 9/9/85, Budget Meeting and 9/30/85, Property Appraisal Adjus~nt Board be ,approved. It,e. 13 .. \ PROCLAMATION DESIGlCATIJIG THE WEEX or OCTOBER 13-19, 1985, AS .COLLIER COUNTY EMERGENCY MEDICAL SERVICES WEEX· - ADOPTED . - . Upon reading the Procla.ation, Co.-issioner Voss .oved, seconded , .' by Co.missioner Hasse and carried unani.ously, that the procla.ation designating the week of October l3-19, 1985, .s ·Collier County Emergency Medical Services We.k· be adopted. £~s Director Gre~nfield thanked the Board and stated tha~ the EMS personnel voted outstanding EMS personnel status for 1985 for Jim Smith and David Joseph. Page 2 - - .. October l~, 1985 .o~ 090 PAr,r 217 Ite. t4 ORDIICAllCB eS-61 RB 'E'1'I'1'I011 R-BS-13C, WILSON, MILLER, &AR'I'OII, BOLL' PBE~, INC., REPRESEM'1'ING STEPHEN '1'AVILLA, RE A REZONE rROM A-2 '1'0 PUD KNOWN AS REGENCY VILLAGE or NAPLES - ADOPTED SUBJECT TO STIPULATIONS Legal notice having Þaen published in the ~aples Daily News on September 13, 1985. as evioenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition R-85-l3C, filed by Wilson, Miller, Barton, SolI and p~ek, Inc., representing Stephen Tavilla, requesting a rezone from 1.-2 to PUD known as Regency Village of Nap1~s, for a maximum number of 680 dwelling units, for 200+' acres, located in the NW quadrant of 1-75 and C.R. 846, in Sections lB and 1 Y , T<' &5, R2 6E . .. Planning/Zoning Director Pettrow explained the object of this petition is to develop a 200 acre aite with a maximum numbef· of 680 dwelling units with l55 single family and 525 multi-family units on 67 acres; 30 acres of commercial and 103 acres of recreation/open space. He saið all surrounðing lands are zoned A-2 and A-2·ST- and are un- developed. He said Staff and all appropriate County agencies revi~wed '. this petition and recomm~nd approval subject t? amendment of the PUD OOC'Jment to include Staff stipulations per Staf; Report dated 9/26/85. Ha said the CCPC recommended approval with one letter rec~ved in favor of the petition. . ' Chief Jim Jones of the North Naple. rire Department state~ his department did not receive any information requ~stinq that the, depart- , ment return anything to Stdff. He said he was not prepared to make the request to the daveloper at this time. ~ Mr. Tom Peek, of Wilson, Miller, Barton, Soll and P~ek, Inc~~. re~resenting the petitioner, stated that a North Naples Fire Department representative was present at the Subdivision Review Committee meeting regarding this petition and did not express any concerns at that time. He said this petition has been in proc~ss for four months and it was not until 5:00 P.M. on 10/l4/85 that the petitioner was aware of any problem that the North Naples Fire Department had with the petition. He said the petitioner has made a trip frt)m tIoston to be present at this presentation and he requêsted moving forward on the petition. Planner McKim explained that fire departments recieve copies of each application as they are presented and it was her belief that nothing was received from the North Naples Fire Department on this petition. Page 3 - - .. ~'~'.."-;"-""""-""" - .. .. October 15, 1985 Mr. Alan Heyno1ds, of Wilson, Miller, Barton, soll and Peek, Inc., explained the petition with the aid of a site plan and said the site has three components, residential, commercial and recreational. He said all 1angua~e changes have been made to the PUD document and the Master Plan as requested by Staff. He said language has been included regarding an emergency entrance 'to the project and a futurp. connnection t? the extension of Livingston Road. Chief Jones met outside the boardroom with North Naples Fire Commissioner' Henry Maxant regarding the request of the Fire Department. Commissioner Voss asked that some provision be included in the PUD document requiring the petitioner to begin this project within two y.ars ~nd Staff agreed to ·~rk on this language with emphasis placed on what co~stitutes beginning a project. Mr. Reynolds indicatad the o . -. petitioner would bd agreeab1w to such wording. Tap. 12 \ . Mr. Mi ke Zewalk spoke in oPPosition of the Board ruling on this \ petition before a public nearing could¡be held in ~orth Naples before all the Fire Commissioners. ~. Chief Jones returned to the ro?m and said after speaking with Mr. Maxant, Chairman-of the North Naples Fire Commission, h. was told to ~ ' req~~st from the developers $75.00 per living unit for a fire impact fee paid over a period of time based on the first issuance of a build- ing permit. Mr. Peek said at S:OO P.M. on 10/14/85 the petitioner was told $48.0,0 per living unit Wl)uld be the Impact fee paid over a 10 year and he was prepared to respond favorably to this proposal. Commissioner Voss asked if the Board of County Commissioners could approve this project based on the final agreement being reached between th. developer and the North Naples Fire Department and Assistant County Attorney Cuyler responded affirmatively. Commissioner Voss said it was not up to the Board of County. C:Þmmiss1oners to decide on the impact fee since this is an independent fire district. Commissioner Holland expressed concern at holding up the peti- tioner. Commissioner Hasse suggested waiting a week to decide on the petition while the proposal is agfeed upon by the petitioner and the Fire District. Mr. Peek said the petitioner is sympathetic to the needs of the North Naples Fire Department and is willing to pay his share provided it is equitable with what other developers are required to pay. that plan å~~~ 090 p~~r 21"8 Page 4 ._---...-...........-<';~"".., ^'.~""___,_....~'.__r- &G01t 090 p"r,t 219 OCtober 15, 1985 hr. George Keller, President of the Collier County Civic Federation, said reasonable fees should be set in the future to avoid confusion. Commissioner Voss reminded him that the Board of County Commissioners cannot set fees for an independent fire district. kesponding to Mr. Zewalk's remarks that the petitioner should have gone before the fire Distric~, Mr. Peek said that there is no legal requirement that a developer go before a fire district. Coaaissioner Holland ~ved, seconded by Coaaissioner Goodnight and carried unani.ously, that the public hearing be closed. Co..issioner Holland aoved, seconded by Co.-issioner Pistor and carried unani.ously, that the ordinance .s numbered and entitled below be adopted and entered into Ordinance Book No. 2l, that the developer pay bis fair share of impact fee in accordance with fees ch~rged other developers and that language be included regarding this profect being started within two years! ORDINANCE 85-6l AN ORDINANCE MENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING'- REGULATIONS FOR THE UNINCORPORATED AREA.OF COLLIER COUNTY~ FLORIDA BY AMENDING THE ZONING A~LAS MAP NUMBER 48-26-4 BY~ CHANGING THE ZONING CLASSIFICATION or THE BEREI~DESCRIBED REAL PROPERTY FROM A-2 '1'0 ·PUD- PLANNED UNIT DEVELOPMENT KNOWN AS REGENCY VILLAGE OF NAPLES FOR 200 + ACRES,'':- LOCATED IN THE NORTHWEST QUADRANT OF INTERSTATE 75 AÑD IMMOKALEE ROAD IN SECTIONS 18 AND 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND PROVIDING AN EFFECTIVE DATE. - Ite. . 5 -: \ ORDINANCE 85-62 RE PE'1'I'1'IOM R-85-9C, WILSOM, MILLER, BARTON, SOLL , PEEK, REPRESENTING DR. C.J. MOZZOCHI, RE 'A REZONE FROM 1.-2 TO PUQ KNOWN AS OXFORD VILLAGE - ADOPTED SUBJECT '1'0 STIPULATIONS, PETI'1'IONER'& AGREEMENT ACCEPTED . . . Legal notice having been published in the Naples Daily NewS on September 13, 1985, as evidenced by Affidbvit of publication filed with the Clerk, public hearing was opened to consider petition R-S5-9C, filed by Wilson, Miller, Barton, SolI and Peek, Inc., representing Dr. C. J. ~zzochi, requeßting a rezone from A-2 to PUD, known as Oxford Village, for a maximum number of l16 dweiling units on 19.17 acres, for property located on ~he east side of Airport Road just north of World Tennis Center in Section 13, T49S, R25E. Planning/Zoning Director pettrow explained the objective of this petition is to develop a maximum number of 116 multi-family dwelling units on l~.17 acres. He said the lands to the north are zoned A-2, and to the east, south and west dre zoned PUD. He said the petition Page 5 .. .. .. " ..."'-~'^,._,;,"- "---"--"",,,"._,,,_.~-"., ~"-~-,..-._.."'"'-- October 15, 1985 compli.. with the C~mpreh.nsiv. Plan and that Staff recommends approval subject t~ stipulations included in thø ~taff Report dated 9/12/85. He said the CCPC recommends approval subject to Staff stipulati?ns and the fo11~_in9 additional provisionss 1. Parking requirements shall be as required under current regulations at the tim~ of develo~ent. 2. The minimum floor area of residential dwelling shall be 1,000 square feet. Mr. Pettrow said ?n~ lp.tter in ?PPosition t~ the petition has been received. He said a letter was received from the ~orth Naples Fire Department authorizing approval with no stipulations atL1ch~d. A di.cus.1~n followed regarding fairness to developers witn regard t~ impact fees. In answer to Commissioner Kolland, Assistant County Attorney Cuyler explain~d that a County-wide fire district would have to be mand'.:.<ted by a sp~ctal Act. Mr. Alan Rl!ynolds, o~ wilson, Mil,ler, Barton, S~ll and Peek, Inc., described the project and said the petition has received approval from agencies that kave revie*~d it. He said the Staff recommendations have bden included. He comparþ.d the density of this project with those of area ~evelopment& which sho~ed tha~ this project is less in denísty than móst of them. C~..issioner Pi.tor aoved, .econded by Co.-issioner Goodnight and carried unani.ously, that the public hearin9 be closed. Co..issioner pistor aoved, seconded by Co.-issloner Holland and carried unanlaoualy, that the ordinance a. nu.bered and entitled below be adopted and entered into Ordinance Book No. 21 subject to stipula- tions, that the peittioners Agree.ent be accepted and that language be included regardin9 thi. project beginning within two years. ORDINANCE 85-62 AN ORDUIAMCE AMEHDIHG ORDINANCE 82-2 '1'HB COMPREHENSIVE ZONING REGULATIONS FOR THB UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMEHDING THE ZONING ATLAS MAP NUMBER 49-25-6 BY CHANGING THE ZONING CLASSIFICATION OF THE HERIIN DESCRIBED RF....L PROPERTY FROM 1.-2 '1'0 -PUD- PLANNED UNIT DEVELOPMENT KNOWN AS OXFORD VILLAGE FOR A MAXIMUM NUMBER OF l16 DWELLING UNITS ON 19.17 ACRES, FOR PROPERTY LOCATED IN SECTION l3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, ON THE EAST SIDE OF AIRPORT ROADI AND PROVIDING AM EFFECTIVE DATE. Ldter Mrs. Charlott~ Westman suggested that the language regarding tne project b~ginnlng within two YI!~r5 include the stipulation that the petltion~r begin the project within that period of time. &OO( 090 PAf,( 220 Page 6 ...",.---.----.......... #_____~"-.'-~,.'"" _,_ _ ~..,~."..."...~.. '~'·k._~._...~,__ a;~ 090 pm 221 Tap. '3 October 15, 19B5 Mr. Reynolds said previous discussion stated that ther~ will be discussions regarding this 1anguðge in the near future and the devel- oper will comply with what6ver the Board adopts after hearing all the inforlUUon. Attorney George Vega saie he felt there were legal r~~ifications associated with this type of wording as it would, in effect, keep a petitioner from selling hi. property and he. cautioned the Board against this. AGREEMENT , I, Alan Reynolda, aa owner or authorized agent for Petition R-85-9C, agree to the following stipulations requeated by the Coaata1 Area Planning Commiaaion in th.ir public h.aring on S.ptember 19, 1985: A. Subject to _end.ant of the PUD docUlllent, "--$ sAew" I~ ' t^~ 5'-ftoff rt-rort J..'ftA s"-r+, ,:1./ ¡qf6 aJuf ".,N/, 7""'1';'" tA.": ~ tJk !L PEn TIOHER OR ~T ./'/'. ~~~ J.f.P ENTATI E FOR CAPC . V þ rA, I ~ /9-ff., . S1JORH TO AND SUBSCIlBED BErOI! HE THIS OF ¡4~ . 1985. , DAY c:: ~-L16~ .. ·~~·F.~) .... . SEAL IfotIIy MIir. S.. ef .... My c.-Is.... úpIrn .., S. 1919 ........ ,.... .... ..... .......... ... MY COMKISSION EXPIRES: R-85-9C Agreement Sheet '" ø 1Þ-t kl"j r~v: rt"'£lIff SJ,a /I þt A~ t-«.t vr,J c..m.J4V" c..Vr,.f.,.f t't.JVIAf:ÐJ7S At t},... tfl"fe ~ d-tlte.lo,,,,#IIf. Gi> ):hc.ru1e. VI"'''' -S;z." -to ~DO[) sf,....,..r~ +-.+, Page 7 .. .. .. " 'M'~<__""""'~~' .--..------... October 15, 1985 Ite. ,6 ORDIHANCE 85-63 RE PETI'1'IOM R-85-10C, VIHES AND ASSOCIATES, REPRESENT- ING PENINSULA MOTOR CLUB, RE A REZONE FROM C-l , C-l-S'1'- '1'0 C-1 , C-l-ST- IN THE HE QUADRAM'l' or AIRPORT ROAD AND YMCA ROAD - ADOPTED, SUBJECT TO STIPULA'1'tONS, PETITIONER'S AGREEMENT ACCEPTED Legal notice having been published in the Naples Daily News on Sapt..mbec.13, 1985, as evidenced by Affidavit of publication filed with th~ Clerk, public hearing was opened to consider Petition R-85-l0C, fi1~d by Vines and Ass~ciates, representing peninsula Motor Club, requesting a rezone from C-l and C-1·ST- to C-l and C-1·ST- for the preservation of the cypress wetland area for property located in the northeast quadrant of Airport Road and YMCA Road in Section 12, T49S, R25E, f~! 8.5 acres. Planning/Zoning Director p,ttrow exp;ained the objective of this petition is to adjust the -ST- line for the preservation of the cypress wetland, adding th~ peti~ioner plans no development on the property at this time~ He said the lands to the north are z?ned RSF-3, lands to . . the ~ast are zoned HO, lands to the soUth are zoned C-l and to the west <Ire 'Zoned C-5.~. He said the prop~sed -ST- area corresponds to the area f lagged by the County En\loi ronmentalist as envi ronmentally sensitivl! and the -~T- area cohLains approximately 2.3 acres with 6.2 acr~s of C-l. He saia Staff and all appropriate County agencies have reviewed this petition and recommend approval subject to the following stipulations: 1. The changes in the labeling shall be made to accurately reflect which parcel is -ST-. 2. ,Alf access to the tract shall be by way of Y~CA K?ad. There sh~ll be n~ direct access to Airport Road. Mr. Pettrow said the CCPC recommend approval subject to Staff stipulations. "\ Planner Weeks indicated the proposed -ST- area on a map. Co..issioner Pistor .oved, seconded by Commlssion.r Goodnight and carri.d unanimously, that the public hearing be closed. Commissioner Pistor aoved, second.d by Commissioner Goodnight and carried unani.ously, that the ordlnanc. as numbered and entitl.d below be adopted subject to stipulations and the Petition.r's Agr.e.ent b. accept.d and entered into Ordinanc. Book No. 21: &OOt( 090 mt 222 Page 8 -...-.....-.......-'=......" ->-"-~'-'''' ...._....-->~."'._...,~.,>,.-,".>._.,~.--- .... October 15, 1985 ~oo.. 090PAGt223 ORDIIWfCE 85-63 A. ORDINANCE AMENDI.G ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA or COLLIER COUNTY, FLORIDA, BY AMENDING THE orFICIAL ZOIlING ATLAS MAP NUMBER 49-25-l BY CHANGING THE ZOIlING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT 1I0R'1'HEAS'1' QUADRANT OF AIRPORT ROAD AND YMCA ROAD PROM C-l AMD C-l 8S'1'8 '1'0 C-l AHD C-l -S'1'8 J AND BY PROVIDMG FOR All EFFECTIVE DATE. October 15, 1985 AGREEMENT " I, Bill Vine., a. owner or authorized agent for Petiti6n R-85-10C, egree to the following stipulations requested by the Coaetal A%ea Planning Commission in their public hearing on September 19, 1985: A. The change. in the labeling ahall be .ade to accurately reflect which parcel ia "ST". B. All acceas to the tract ahall be by way o£ be no direct accesa to Airport load. A Road. There ahall " þ .~ , OF SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ t,..../ , 1985. /1-H-. DAY ~~ -f.:~. L-¡....... ... NOTAllY SEAL , to If.r., MIr. Slott, tl --"A_ M, c...;.,;.. r..... -- '"'" """ ,_ '....L ~. TfIf - MY COKM1SSION EXPIRES: R-8S-10C Asreeaent Sheet Page 9 - - - October 15, 1985 IU. '7 PETITION A-85-l, WILLIAM R. VINES, AGENT rOR BALCOM, RI AM APPEAL or PLANNING/ZONING DIRECTOR'S DECISION THAT BULK STORAGE, WHOLESALE AMD DISTRIBUTION or rLAMMABLE LIQUIDS IS PROHIBITED IN AMY ZONING DISTRICT OTHER TBAN I-INDUSTRIAL - APPROVED, STArr DIRECTED '1'0 PREPARE AMENDMENT TO ZOliING ORDINANCE THAT SUCR US,ES BE MADE A PROVISIONAL USE IN C-5 DISTRICT FOR STORAGE or LP GAS Legal n~tice having bven published in thv ~aple8 Daily News ~n Septemcer 22; 1985, as evidenced by Affidavit of publication fil.d with the Clerk, ~ub1ic hearing was opened to consider P~tition A-85-1, filed by William R. Vines, agent for Balcom, requesting an a~peal of the Planning/zoning Director's decision that the bulk storage, wholesale and dis~ribution of flammable liquids is prohibited in any z?ning district other than I-Industrial. Community Development Admini~trator Mullins said this item is an appeal to the board of zoning Appdals a~d that Section 28-l4 of the Collier còunty Code of Ordinances embo~ies the Board with the power and duty to hear and decide appeals where it is alleg~d there is error in any order, reqüirement, decision, int~rpretation or determination made by an administra~iv. official in the onforcem~nt of any zoning ordi- nanc~'9' regulation. She.said the decision r~ndered wll1 serve as the fin~l ~nterpret~tion of the zoning Ordinance in this matter and the decision will be applicable to the entire County and will not be confined to a particular parcel. Mrs. Mullins said this appeal stems from the desire of the owner of the servicß station located in Im~okalee at the southwest corner of New ~ðrket Street and SR-29 to expand their business to include liqui- fied petroleum sales both to customers who bring bottles to be filled at the station and via route truck delivery to agricultural and other customers in the area. She said the planning/Zoning Director's deci- sion and interpretation is that the Zoning Ordinance provid~s one district, the I-Industrial District, for the bulk storage, wholesale and distribution of flammable liquids. Commissioner Voss asked if the issue was not whether this waS wholesale or retail sales and Mrs. Mullins said it comes down to the storage issue, also. P1anning/ZQning Director Pet trow explained one of the items he based his interpretation ?n was what constituted bulk, ~hich is not defined in th~ ordin3nct!. HQ said he went back through the Standards For the ~torage and Handling of Liquificd Petroleum Gasses from the ~ation~l fire Protection ASß?cidtion, Inc. which is in the County's ~~o~ 090 P~~! 224 Pago lO ..-~.,->~-,.,._~ ___--'-W<...~'''~.¥, ~._~,.",,'.".. .,~.-,. "~"'''''-''''' 090 225 October 15, 19B!» '001: fl.';£. adopted code. he saio there is a differentiation bet~een distributing plant and a distributing point. ha explaineö, under the distributing plant the heavier of the uses, it states the primary purpose of this facility is the distribution of gas and which receives LP gas in tank, can, truck transport or truck lots distributing this gas to the end user by potable container, package delivery by tank, truck or through gas piping and that such plants have bulk storage 2000 gallons water capacity or more and usually have container- filling and truck loading facilities on the premises and only employees have access. He said bulk plants are considered as being in this category. He said the standards state a distributing point is a facility oth~r than a dis- tributing plant or inoustrial plant which normally receives gas by tank truck and whicn fills sma'l c?ntainers or the e~gine fuels ~f motor vehicles on the premises, any such facility having LP gas storåge of 100 gallons or more water capacity and to which persons other than the owner of the facility or his employees have access. Commissioner Holland said he had mixed emotions regarding liq~id petroleLIII. He sa id in Inml)kalee there are tral'}sport trucks that ~re" equipped to run on this type of fuel and somewhere along. the line !he Board has to make a decision in order to provide the necesRity for these instances. ~, ,. Mr. William Vines, represent~~g the petitioner, explained his client's request by stating this i., for retail sales of LP gas) only. He said the language in the ordinance on this sÙbject is not è~ear and should be addressed. ." Tltpe 14 Mr. George Keller maintained that LP gas is a dangerous prod~ct and should not be allowed in residential areas. Mr. George Vega, speaking for the petitioner, said the City of Naples allows this usage. Commissioner G?odniqnt exprcssed her concern that what' is decided will affect the entire County. Co.-i..ioner H.... .ov.d, seconded ~y Co..is.ioner Holl.nd .nd carri.d unani.ously, th.t the public he.ring b. clo.ed. Co..i..ion.r Holl.nd aoved, seconded by Co..i..lon.r Ha..., th.t the reque.t of the petitioner be gr.nted .. . provision.l Us. .nd this action does not .ffect the bal.nce of the County. Mr. Cuyler said that the Þoard can instruct staff to come back with an amenoment to the Zoning Ordinance for this usage to bù a Page 11 - - - .__""._",,,~c,^,·'__"" October l5, 1985 provisi~nal use. He said this action could be worded so no other petitioner can claim rellanco to obtain the same privilege. After further discussion, Co..l.sioner Holland withdrew his øotlon and Co.-issioner Has.e withdrew his second. Co.missioner Holland moved, seconded by Commissioner Goodnight and carried unanimously, that the a~peal be approved, that this appeal does not apply to othar C-S Districts and that Staff be directed to prepare an amend.ant to the zonin9 Ordinance to put provisional us. in C-S Districts for storage of LP gas. Ita. '8 RESOLUTIOII 8S-21l RE PE'1'ITIOII rDPO-8S-V-5, WAVERLY DEVELOPMENT CORP., RE VARIANCE FROM MINIMUM BASI FLOOD ELEVATIOII AT 848 EL~CAM CIRCLE - ADOPTED. Legal notice having be-.n p~b1ished in the Naples Daily NewS on, September 29, 1955, as evidenced by Affidavit ~f publicati~n filed with the Clerk,',pub1ic hearinq was opened to consider Petition FDPO-85-V-5, filed by Waverly Dev~lopm~nt Corporat~on requesting a variance froM the minimum base ~lood elavation required by the Flood Damage Prevention Ordinance at 8~8 ~lkca~ Circle. Planning/Z?~ing Dir~ctor Pettraw explained this is a requ~st for a varia~e to permit constr~ction of restr?om facilities for a condo- min~um; pool at an elevation of 8.5 feet NGVD instead of 12 feet NGVD as required by the Flood Damage Prevention Ordinance. Co..issioner Pist~r .ovad, seconded by Co..issioner Holland and carried unani.ously, that the public hearing be closed. Co..lss~oner Pistor aoved, .econded by Co..issloner Goodnight and carried unanl.ously, that Resolution 85-211 re Petition ropo 85-V-5, Waverly Development Corporation, be adopted. ., &OOt( 090 PA~( 226 Page 12 .. .. .. ...RECESSs 10s45 A.M. October 15, 1985 RECONVENED I lllOO A.M.··· Ite. 19 RESOLUTIOM 85-2l2 RE PETITION PU-85-2I, TIM K. TRIPP, REPRESEØTING TRI-COUNTY SEHIOR SERVICES, RE PROVISIONAL USE -r· or THE RSr-3 ZONING DISTRICT rOR A SENIOR C£N'1'ER LOCATED OM ROBERTS AVENUE - ADOPTED, PETITIONER'S AGAEEMEN'1' ACCEPTED Planning/Zoning Director Pe.ttr?W said this is a request to con- struct a sunior center on Roberts Avenue, approxi~ately 1/4 mile north of S.R. 29 in Section 4, 1475, R29E on 1.85 acres in Immokðlee. He said all sur~ounding landS are zoned RSF-3. Mr. T1.. Tripp, ¡Hchitecl reprttsenting thf! petitioner, re4Uttsto:!d that the Board waive the building permit fees. He said the lEMA regulations would call for this building to be built four feet lower thàn thè. c?de requires. He explained the buildin~ cod~ calls for the base elevation of the building'~o be l8 inchp.s above the crown of the adjacent road. He sdid the petitioner woü1d like to meet the FEMA regulation's and not the çounty regulations. A discussion fo110we~ regarding t~e possibility of drainage ~roblems, wni~~ Mr. Tripp said has ncv~r occurred on the property. He said if the bu~lding is built to County codtl it would be above those buildings built on adjacent property. Mr. pettrow said the building is in a C-Zone and is not subject to flood ,~egu1 ations and wouid be subject solely to the auilding Code. He said a'sirni1ar situation was recently handled administrativelY. C?unty Manager Lusk suggested that the subject of building elevation be left to the approval of the Public WOrks Department. Comai..~oner pistor aoved, .econded by Co..issioner Goodnight and carried unani.ously, that Resolution 8S-2l2 re Petition PU-8S-2I, Tim K. Tripp, be adopted subject to stipulations and that the Petitioner's Agreement be accepted. Commissioner pistor aoved, seconded by Co..ls.loner Goodnight and carried unanl.ously, that the petitioner conform with the requirements of the Public Works Department with respect to drainage on the site. Commissioner Goodnight aoved that the provisional use fee be waived. Motion died for lack of a second. Co.mis.ioner Goodnight moved, seconded by Commissioner Pistor and carried unanimously that the petitioner's request to have the building permit fee. be waived be denied. UOK 090 P~r:I 230 Page 13 -----~ October l5, 1985 It.. 11 0 MR. JOHN POPOVIC STATEMENT OF PROTEST RE HIS TAXES - NO ACTION TAKEN Mr. Jo~~ p~povich spoke in opposition to his taxes being raised. He ex~lain~d the percentage rate of his tax rais~ was considerably higher than the 21.&\ County rarse in tðxes. Deputy ~~sistant County Manager Brangaccio pointed out that Mr. Popovich's t~xes also include school taxes and fire depar~~~nt taxes. Commissioner v?SS pointed out that the Prop~rty Appraisal Adjust- ment Board was the time for Mr. Popovich t? protest his ta~es, that this Board has convened 3nd the Board would be unable to d? anything about b~s taxes, at this time. Item III '. STAFF DIRECTED TO INITIATE REZONING PROM A-I TO A-2 FOR SECTIONS l, l2 AND 13, T50S, R28E : Planning/Zoning Di re<?tor Pcttrow .explainl:!d the ~ard of County Commissioners ,adopted the Comprehensiv~ Zoning Ordinance in January 1982 dnd prior~.to adoption Staff recommended that in TSGS, H28E, ~ections 1, 2, 12, 13 anå 24 be zoned A-1. During tho hearings, he said lõhe pr?perty owners o'f Sections 2 and 24 requested that those . sec~i?ns be zoned A-2 and the Board agreed t? this. He stated in preparing the final z?ning maps all five sections were sho~n as A-2 and ~taff was unaware of this error until August l, 1985. He said all propdrty owners within Sections 1, 12 and 13 have been notified of the error and ,the. property owners all have stated they would prefer the A-2 zoning classification. Tape IS Responding to'Commissioenr Holland, Mr. Pettrow said the property i~ adjacent to the Estates and it is Staff'. opinion that A-2 zoning would be appropriate. Commissioner Pistor aovéd, seconded by Commissioner Bass. and carried unani.ously, that Staff b. directed to Initiate rezoning from A-I to 1.-2 for Sections 1, l2 and l3, '1'508, R28E. Item 112 ADDITIONAL FUNDS FOR PARKS AND RECREATION DIRECTOR '1'0 ATTEND 'l'BB NATIONAL RECREATION PARK ASSOCIATION CONFERENCE IN DALLAS, TEXAS - APPROVED IN THE AMOUNT OF $130.00 Public ~crvic~s Administrator Norton explain~d when the Board d?prOVea the funds for th~ FarKS and Recreation Director to ~ttena the ~~o~ 090 PAr.r 236 page 14 ..,........"--..~~""'- , October 15, 1985 å~oIfto¡JJ9ß~P23:7eation "ark Association Conference in Dallas, "exas the Director forgot to include the amount for rental of a car. He requested the additional funds for this purpose. Co..issioner Hasse aowed, seconded by Commissioner pistor and carried unaniaously, that the additional funds of $130.00 be approved for the Parks and Recreation Director to attend the National Recreation Park Association Conference in Dalla., Texas for car rental. Item 113 ENGINEERING FEES FOR BOLE, MONTES , ASSOCIATES, INC. FOR SERVICES NECESSARY FOR INITIAL BOWD ISSUB FOR WATER , SEWER REVENUB BONDS - APPROVED IN AN AMOUNT NO'1'-'1'O-EXCEED $21,500 As requested by Mr. Mike McNees, of the Utilities Division, Co..issioner pistor moved, seconded by Co..lss1oner Hasse and carried unani.ously, that the engineering fees for Hole, Montes , ~sociates, Inc. for services necessary for initial bond issue for water and sewer revenue bonds be approved in an amount not-to-exceed $27,500. ItelD 114 BUDGET AMENDMENT FOR FISCAL YEAR 1984-85 TO 'J'RAMSFER FUND BALANCE .OF·' CAPRI WATER (FUND 445) TO COUNTY WATER (FUND 411) - APPROVED Þ Mr. Mike ~~Nees, of the Utilities Division~ explained the request , 'J:' fo). the approval of a budgo!t amendment to combine the fund,..balance of Cl!lpri water (~und 445) with County. Water (Fund.411) to close out the Capri Water Fund. co..issioner Pistor moved, seconded by Co~issloner Good6iqht and carried unanimously, that the Budget A~endment for Fiscal Year 1984-85 to transfer fund balance of Capri Water (Fund 445) to County Wat~! (Fund 411) be approved. '.' Item US 1986 HOLIDAY SCHEDULE - APPROVED C?unty Manager Lusk referred to the 1986 Holiday Schedule in the éxecutive Summary and dskea for öoðrd approval. Commissioner pistor .oved that one ~f the floating holidays be Columbus Day instead of February 11th. The .otion died for lack of a second. Co.-lssioner Holland moved, seconded by Co..issioner Basse and carried unanlaou8ly, that the 1986 Holiday Schedule to approved as followss Page 15 - - - --""--~~-"-"~'~-"""'-'''',''",'"--'''- .'-'''"'-'''-'';'''~''~'''~'''''-'''''"-'-'-- HOLIDAY Bill. OCtober 15, 1985 DAY oeSERVED * Ne~ Year's DdY .. President's Day · Good Friday · Memoria l DdY · 4th of July · Lðbo r Day · Veteran's Day * Thanksgiving DdY * Day aftar Thanksgiving .* Christmas Eve · Cnristl\las Day * Fixed Holidays ** Designated Holidays January 1 February l7 Me rch 2a May 26 July 4 September 1 Novdmber 11 November 27 November 28 Decembt!r 24 D\tct!mbe r 25 Wednesday Monc1ay Friday Monday Friday MonddY Tuesdtsy Thursday Friday Wednesday Thursday Ite. 116 RESOLUTioN 85-213 REQUESTIØG THAT CONGRESSMEN FROM FLORIDA TAKE STEPS TO PROVIDE FOR GRANDFATBERING ot CONSTRUCTION OF COLLIER COUNTY RESOURCE RECOVERY FACILITY FOR PURPOSES OF TAXATION OF INTEREST ON BONDS ISSUED TO FINANCE S~ID FACI~ITY - ADOPTED ~ ASsigtant County Attqrnp.y Cuyler explained th~ requost for approvc11 of a ,~;Isolution urging the Le/;lislators representing the citizens ?f C?11ier County to assist Collier County in having the County Resource Recovery ~r?j.ct -grandfathered- undor existing tax laws 50 that int~est on bonds would remain nontaxable. He said cha~~e~ in tax laws w?uld'eliminat~ tax exempt status on interest paid on Industrial Dev~lopment 8?nds. Co__is.ioner Bolland aoved, seconded by Co.-issloner Pistor and carried unani.ously, that Resolution 85-213 requesting that Congressmen fro. Florida.~ake steps to provide for grandfathering of construction of Collier County Resource Recovery facility for purpose. of taxation of interest on bonds issued to finance said facility be adopted. lOOK 090 PA"t 238 n~__"'"_;"'_ Page l6 ___"",,,,,,,,,,.~",.""""""' ...·.~4."._N~~,... ,.~ October l5, 1985 ~~ ngO PAr.r241 Ite. -,l t' REIMBURSEMENT '1'0 DEL'1'ONA CORPORATION OF $l,235.25 FOR DOCUMENTARY STAMPS AFFIXED '1'0 THE WARRANTY DEED CONVEYING TRACTS -D- MID -Ee or MARCO BEACH UNIT SEVEN - APPROVED Assistant County Attorney Cuyler explained on September 2l, 1985, the ~ard of County Commissiondrs authorized the Chairman to execute an Agreement bctween Deltona corporation and Collier County, the primary purp?se of which was t? provide for Deltona's conveyance of Tracts -D- and -E-, Marco beach Unit Seven, in return for the acceptance by Collier County of platted and constructed streets lying within Marco Beach plclts as set forth in thu Agreement. He said Deltona was initi- cllly responsibla for paysoent of documentary Htamps in ,the anount of $1,235.25 and the AgreeDent provides that the C?unty Commissioners shall consider reimbursement to Deltona of this amount. Hp..requested approval of the Agreement in the Executive Summary which provides for reimbursement t? Deltona Corporation of $1,235.25 for the d~cumentary stamps affixed to the Warranty Deed. Co~i.aion.r piator aov.d, .econd.d by Co..i..ioner Goodnight~and carried unanillou.ly, that rei.bur....nt to Del~ona Corporation of. " $1,235.25 paid by Deltona for documentary .ta.p. affixed. to theÞ Warranty De.d conveying Tract. -De and -E- of Marco B.ach Unit Seven be approved. .~. It.. U8 ROUTINE BILLS - APPROVED FOR PAYMENT ~ Pursuant to Hesolution 8l-l50 the following checks through October l1, 1985, in paym~nt of ~utin. bills: CHECK DESCRIPTION CHECK NOS. Vendor l34309 - 134545 were issued AI",OUHT· '; , .' $2,292,272.69 Itell 119 BUDGET AMENDMENTS 85-47Y, 85-482/486 AND 86-3 - ADOPTED Commi.sioner piator .oved, .econded by Co.mi..ioner Goodnight and carried unani.oualy, that Budget Amend.ents 85-479, 85-483, 84-485/486 b. adopted. co..i.sioner Holland aoved, seconded by Co..i..ion.r pistor and carried unani.ously, that Budget Amendment. 85-482, 84-484 and 86-3 be adopted. Page l1 - .. .. ,.,,-.~---- -""~-"'-~--"'''''-'-'--'''-- October 15, 1985 IU. '20 OCTOBER 31ST DESIGNATED AS -'1'RICK-OR-'1'REAT- NIGHT FOR HALLOWEEN Co..issioner Pis tor .oved, seconded by Commissioner Holland and carried unanilllously, that October 31st be designated as -Trick-or-Treat- night for Hallow.en. Item 121 COMMISSIONER PIS'1'OR APPROVED TO REPLACE COMMISSIONER VOSS AS REPRESENTATIVE ON THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL Commlssioner VOSS requested that C~mmission~r ~ist~r be approved to replace him as representative on the ~outhw.st Florida H~gional Planning Council, adding he is unable to att~nd the next m~~ting. ,., Co_missioner Bolland .oved, seconded by Commissioner Hasse and carried'unanlmously, that Co.-l.sioner Pl~tor be approved to replaced Co..issioner Voss as representative on the Southwest Florida Regional Planning Council. ~ \ Item 122 REQUEST OF COLLIER COUNTY PAIR BOARD TO SBARE COST OF SITE PREPARATION FOR PROPERTY LÕCA'1'ED ON IMMOKALEB ROAD - APPROVED SCBJEC'1' '1'0 STIPULA- TION, STAPP DIRECTED TO PREPARE AN AGREEMENT ~ounty Manag"er Lusk txplained the Collier County Pair 80ard's reques~ for the County to share the cost of site preparation for property located on Immoka1ee Hoad. He suggested, due to the fact that there is some question as to whether the property will com9 into County possession, that a provision be included that if the C?unty does not receive tn. property that the $20,000 be returned to the County. He said the request is for services of the Road Department personnel to build a private r03d. He said the County Fair Board will be contribu- ting $10,000. He resp?nded to Commissioner Holland by stating that impact fe~s cannot be used for a private road. Commissioner Hasse ques~ioned the request and asked that the entire amount be repaid by the Fair Board. Mr. Lusk said he did not think the Fair Board should be required to pay for the entire amount. Co.-issioner Holland .oved, seconded by Co.-ls.ioner Pi.tor and carried unani.ously, that the request of the Collier County Pair Board to share the cost of .ite preparation for property located on I.-okalee Road be approved with the stipulation that if the land does not come to the County the Pair Board will assume the responsibility of repaying the $20,000. aDOK 090 Ø)',r 242 Pðge lB ~"'M' ,~-_."~~..,.- , '",,~N__"_"__ · October 15, 19~5 aoo~ QWlr;t.?~r piator .oved, seconded by COlUDiaaioner Holland and carried unanimously, that Staff be directed .to draw an appropriate agreement with the County Fair Board regarding repayment of money if the land does not come to the County. lte. 123 UPDATE REPORT FROM SOLID WASTE COMMI'1"1'E! - NO ACTION NEEDED County Manager Lusk said, because of a tax law change, action needs to take ~lace on the Resource Recovery Plant prior to January 1, " 1986. He said the la~ changes could make the tipping fees cost from $4.00 to $7.00. He explained the Selection Committee will be bringing the recommenoation of three vendors to the Board next week and will seek permission to negotiate contracts with two of th~m to a~h~eve a better price so that a signed agreement may be achieved by November IS, 1985. Commissioner Mol1ano suggested that negotiations be carried on with three vendors but ~c. Lusk said that lIIiqht delay the process.~ A short video tape was viewed r~garding a 'Baltlmor~ Resource .þ Recovery Plant which Commissioner Hasse br?uqht.back with him after visiting th~ plant. Mr. Lusk pointed ?ut that this type ~ plant is cost ly. ***The following items were a~proved and/or adopted under, the Consent Agenda by motion oLColUDissioner pistor, seconded by Co.-issioner Goodnight and carried unanimously.··· Item 124 RESOLUTIONS TO CORRECT TYPOGRAPHICAL ERRORS AS FOLLOWSs .,' . Resolution 85-214 - re petition V-85-7C, amending Resolution 85-120, Sherry Dampier on 6/4/85 Resolution 85-215 - re Petition PU-85-8C, amending Resolution 85-152, Palmer Cablevision on 7/30/85 R&solution 8S-2l6 - re Petition PU-85-llC, amending Resolution 85-1SJ, Reynolds Aluminum on 7/30/85 Resolution 85-217 - re Petition PU-84-2lC, amending Resolution 85-77, Delbert' Patricia Sanders on 3/19/85 See Pages ¿;J,.t.f1-ólS.s- It.m 125 BID 1871 RE GEOTECHNICAL MATERIAL TESTING SERVICES - AWARDED TO ARDAMAH , ASSOC., INC. I PITTSBURG TESTING LABORA'1'ORY, PROFESSIONAL SERVICE INDUSTRIES, INC., WILSON, MILLER, BARTON, BOLL' PEEK, INC., AND LAW ENGINEERING TESTING COMPANY IN THE AMOUNTS OF THEIR RESPECTIVE PROPOSALS, APPROXIMATELY $10,000 FOR CURRENT FISCAL YEAR Legal notice having been pUJlishcd in the Naples Daily News on Page l~ .. .. - " ---""--.....-,...-^'-...-. .. .. .. October IS, 1985 August 12, 1985, bids were received on Bid 187l for geotechnical material testing services ~ntil 5:00 P.M. ?n August 23, 1985. IUa '26 ACCEPTANCE OF 'OXFIRE UNIT OME AND RELEASE OF POSTED SECURITIES (BOND NO. 524-61-26 I~ THE AMOUNT OP $76,493.00 AND BOND NO. 524-61-30 IN THE AMOUNT OP $7,783.00, BOTH fROM PIREMAN'S PUND INSURANCE COMPANY) It.. 127 EXTRA GAIN TIME POR INMATE NOS. 40820, 42420 AND 25111 It.. 128 MISCELLANEOUS CORRESPONDENCE - PILED AND/OR REPERRED There being no objection, the Chair directed that the following corresp?ndence bd filed and/or referred as follows: .' L Letter dated 10/2/85,· from Douc¡laß L. Fry, Environ. Supr'v., D~R enclosing short form applic~tion rile Nos. 111104275 ðnd 1l110,845 for dredge and fill permits. xc: Mrs. Mullins and 'Dr. Proffitt. ¡riled. 2. Copy of Emergcncy Permit App1ic~tion dated 9/23/85 from DNR for ,BeacheS owned and mðintalned by the City of Naples, CollIer C?unty. xc: Mrs. Mullins and Dr. Proffitt. Filed. 3. Copy of memora~dum dated 9/18/85 from Leo L. Minasian, Jr., Enviro"n.. Admin.,' Div. of State Lands, DNR. re Land' Acquisi- tion Selection ~ommittQe Meetings for the Conservation and Recreation Lands Program. xc: Mrs. Mullins, Dr. proffitt and Mrs. drangaccio. Filed. 4. Copy of mem~randum dated 9/30/85, from Bob Palmer, Subm~rgQd Lands Section, D~R, re Revisions to Chap. 16Q-2l FL Admini- strative Code, enclosing copy of Sovereignty Submerged Lands '/'Un.aqement Rule. xc: Mrs. Mullins and Dr. proffitt. Filed 5. Copy of m~morandum dated 9/19/85, from Fiscal Officer Giles to EMS Director Greenfield re EMS financial Statements for period end-.d H/31/85. Filed. 6. Copy of memorandum from Fiscal officer Giles to Fleet Manage- ment Directot Olliff re Fleet Managument/Motor Pool financial Statements for peri~d ended 8/31/85. Piled. 7. Copy of memorandum from Fiscal Officer Giles to Solid Waste Director Fahey re Waste Disposal Financial Statements for period enóed 8/31/85. Filed. 8. Copy of letter from Assistant Co~nty Manager Dorrill to Prank McDono~;h anå James Lowrey, re Financial Advisory services/- Collier County Resource Recovery project. Filed. aOOK 090 PAr,~ 244 Page 20 -,.-,-- _ _...._'..M.._N..M~'._·O_ aoo< 090 pm 245 October 15, 1965 Copy of memorandum dated 9/25/65, from B~g.t Director re contributi?n to ~stern Gateway V?lunteer Ambulance Service. Filed. Za lka 9. 10. Lettur dated 9/27/85, from Michael Volpe, Chalrmdn Golden Gate Fire Control District Commission advising of Fire Commission meetings to be held during 85/BG Fï. Filed. 11. Copy of letter from Alex M. Steverson, Dir. of Admin. Office of the Governor, enclosing copies of procedures for the col1ecti?ns and disbursements of thß Local Government Cr imil')al Justice Trust Fund. xc:' SÌ'll.!riff Rogerß, Ms. Zalka and Mr. Giles. Filed. 12. Copy of Notice of Appeal received 9/30/85 from Land and ~ater Adjudicatory Commission re Resolution B5-165, approving an am~~dment to the D~velopment Order for DRI kn?'~ as Berkshire Lakes. xc: Mrs. brangaccio and Mrs. Mullins. Filed. 13. Copy of minutes: Pi led. A. 5/27/85' 7/30/85, Golden Gate community Center B. 9/1B/85, Contractors' Licensing Board C. 9/5/85 CCPA, 9/19/85, CAPC and 10/3/85, CCPC Ag~nda D. 9/1l/d5 E~SAC and 10/9/85 Agenda. Letter dated 9/13/85, from Property ,llrppraiser Co1ding . notlfying ot actual billings for varlous tðxing district€. xc: Ms. ZalKa. Filed. l4. l5. Copy of mem?ranoum dated !:I/25/85, from Lynn S. iframlett, Budget ~pecialist, Dept. of Revenue, attaching Dépt. of Revenue budget amendmen~ with revise4 final salary for Property Appraiser Colding for 85/86 budget period. \xc: Zalka. filed. -: 16. dated 9/30/85,. from John R. Wodraska, E:(ec. enclosing a certificate ~ertifying lands in boundari~s of SPWHD and copy of Resolutions xc: Tax Collector Carlton. Filed. Dir., County a 5-.t.6 and Le t te r SFWMD, within 85-17. 17. Lett~r dated 9/26/85 from H.G. Pink contesting the determina- ti~n of the existence of a public nuisance on his Marco Beach Unit 13, Bl?ck 409, Lot 14, requesting a hear1ng ~nd a copy of a letter dated 10/1/85 from Walter wolfinger, zoning Enforcement supervisor, to Mr. pink. xc: Mrs. Mùllins and Mr. \tiOlfinger. Piled. :-. Page 21 - .. .. '. MS. * * october lS, 1985 * Thoro being n~ furth~r bu~ine5ß, the meeting was adjourned by Order of the Chair: Time - 11:50 A.M. BOARD OF COU~TY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) Of SPECIAL DISTRICTS UNDER ITS CONTROL ...~~~ VOSS. C..,.... ATTEST: WILL~~'.HJ"AilbEAGAN, CL£~K ""'~', ' " ,(1/ ..... .' .1· ..r'(' / .:'.... . :../ .~ .~ '. ~.;~~:.:~~~'~c _.;' Tt~s.e minu,tf!5 ,,{pproved bý the Bee on //ø J , //rJ, pre"'en,M~,n"',< or as corrected'; ~ , as ~, - " " ~OD( 090 PA~t 246 PlI'JC 22 .,..,,,~.,.,~.,,_.--,_...."----