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BCC Minutes 01/15/1985 R ^.4'··"'_""·M'_' '".....~".._~'"·~~·.~,~'w..... .,'__....__..,....,"..,,,.,.....~_,_."~..,,,,',.~.. ~,; ...~_.,"""'-".., ,,,-., "........._«_'" "··,·'~---".._r'_,,<"'__...<__..__"",___...._..........._-"",.,"'" III .. .. 11 11 J~nuory 15, 1905 .~ , ' Aa blD.\ APPROVED AS AMENDED , . "''[1 Co..i..ioner Pi.tor .ov.d, ..conded by Co.-i..ioner H...., and carried un.nl.ou.ly, tnat the .genda b. approved with the following a..nd.ent.. A. 7^1 - P~tition V-~4-2eC, Forrest L. Hormon, re v/lrillnce to ðllow construction of linql~ famIly reSIdQnCI - C~ntinu.d for two months At Potltion~rs rcqu~8t. 8. 138 - 01scussion re qale at Shell Island Road - kIthdrawn #t rwqutSl of Çommlsllon~r Plator. C. 10Cl - R.comm.ndatlon ~o a1lnw twn EMS emplOY!~1 to attend II EMS Vahlc1~ rnltru~tlon Cour'~ - Added at rQqueø¿ of County Manôlqe r. D. 16CIO - P'tltlon SNR-e4-1~C, ~artln K~m4rchlk. re atr.~t name approvel for N,wm~n Drive - ~Itndrdwn /It rlqueat of County Ma n 119 II r . £. 10£1 - Discussion re ~udqct Ufficfr - Added ~t roqu~ll of Ct)unty ,....n;g.r. r. 130 - QIScu31Ion r. lnterlm Vico-ChalrmAn during Commlsslonor PIstor'~ ~~s.ncu - Added at r1ýuolt of Commllsloner VOSI. C. 13£ - Report on statuI of Barefoot Boach - Added at requelt of Commlsslon~r Voss. H. 13f - RQsol~tion from lhe Ht)u~ln~ Authority _ Added at request ot Co~mlI11on~r Voss. I. 13G - Olscusston of ~cmporðry trðller U$! In Colden Gdt. _ ~dj~d at r~4uc8t of Commlssloncr VOIS. J. Ua - 16CS. Pel1Uon !>NH-;"4-1~C. Jimmy R. ~dltlns -'moved to ~hll position a~ r~quest of County Manegcr. lte. .2 MINUTES or DECEMBER 11 AHD 18, 1984 - APPROVED Co..i..ioner Pi.tor .ov.d, ..cond.d by Cow.i..ion.r H.... and carri.d unanlaous1y, that the .inut.. of Dec..b.r 11 and 18, 1984 be approv.d .. pr...nt.d. Ite. 13 PETITION R-14-38C, JOBN PORZIO rOR 20 ACRES SOUT" or DAVID C. BROWN . ~WAY - CONTINUED TO 2/5/85 Co..i..ioner Pi.tor .oved, .econded by Co.-is.ioner Holland and carri.d unani.ou.ly, that Petition R-84-38C b. continu.d to 2/5/15 at Staff requ..t. .oø~ D85 p~~r 218 Pllq. 2 . ,. ~':J,J.~~ ~\, I,J; ~\;tt.< ,~. '., . '. .' '~: . ,~.Y~~'}~ 219 January 1~, 1905 ORDINANCI '5-C RI rlTITIOW R-BC-]gC, WILL~AM DAHNKE, JR., REPRESENTING MARINO PASSERO AND ROBERT KATZ RE REZOMIWa rR~ A-2 TO MHSD rOR . PROPERTY LOCATID WIST or WOODLAKI SOUTa SID IN SECTION 15, T5lS, R26E _. ADOPTED SUBJECT TO STIPULATIONS Legal notice having been published In the N~pltl C~lly News on December 14, 1984, a. evidenced by Affidavit of PUblication filed with the Cl.rk, public hearing was opened to consider Petition R-84-39C, filed by nil Ii 1m Dahnko, Jr. representing Marino Passero and Robert Katz, requestIng rezoning from A-2 to MHSD for property located WIlt of Woodlakl South SID on S.R. 951 in Slction IS, T51S, T!26E. Planner MeIOm slid that tne objective of this Petition Is to develop tin mobile homo lots and I recreation center in conjunction with the adjacent mobl1a home subdivIsion. She said th~~ Staff and III County agenci.s have r~vlewed this petition and have no objection to its approval aubjecl to the Itipulations as outlined on the Executive Summary dated 1/(/85. She said that ~hc CAPC recommendod approval subject to ~t4ff &:lpulðtions ðn~ that the developer sh,ll c~ntrlbuto 17 f.et of right-of-way for future widening of S.H. 951. Sne said one person .poke In opposition to th~ P~tltlon b~cause he felt that the develo~ent would hinder ~ls access by canal. Mr. ~ll1lðm Dahnke, PreciO~nt ~f Concept to Co~?letlon, repre- senting tho petitioners, plac.d 01 slto plan on th~ bOLrd. He s¿ld that koodl.ke bouth II ð mobl]e home subcivls10n consisting of 23 .ðcr~s. He said that the petitioners havd slgn.o an agreement that they will dedico1te th.. 17 rl"t t~ trill County In rcturn for th" roqu<tlttd zoning. he said the project Is ~l units with a recreation center on 1.78 acres, adding that 1-1/2 acres arc presen:ly existing c~n~1s. He said thot th~ denlity lS 2.1 units p~r acre ~nd th~t lhe property høs been ðp¡;roved for three OwuJllng units plH aC;rt. lie t'x¡';lt1n.:d tnat U,-I petitlonLr will ~xtcnd the County wolter line t~ lhe entrÞnce of the property ,.¡nd the aewer !I~rvlcc will b~ provicacJ by 1'00 ",d11'1 kl, bouth and will ultimately tIe into thu County sewDge tr~~tment ~lðnt. He stoted tnat tht. lotG run 60 to 11~ flllt wldc~ with dD~th of 90 feet. lie laid tnøt the mlr.lmum 'Guare footagc for lots i5 G,OOO square feet end that th.se lots ~111 be 0,000 squ~r~ fcet minimum t~ 3D,GCe squ~rc f~r: maximum. He said one of the 'canllll will bo converted into 1\ lake that will provide the required 25 YCoJr, J 'dðy stormw..t~r Itorðg". H. poInted out th~t there il lIttle vegutation on the property and that it ha. been filled to thc elcvat:on of 6 to 7 f~lIt. He explelned thot Page 3 ....---, '. "": ----, I 1--":'..:.) Lt'1':-;J .... .--;-' --'---, --'-:::';'-';·.4::/:/:';::; . ." í ..'J.""".f:.'. ,:~:~',~. .' ...·,_,·."",,·..,,,""""'___,,·.·..O",·",.~"T"."..' 'f, .¡."~ "'";..-. l ~5~~ '2'.1 ",: .,..:":'.#. .. .i . , ~:,.' ':'),'·'·.f· "".<\ .-, '"'.:'J, J ~,,« ~ '. .. - .. January 15, 1985 there Ira . fv~ rod mangrove. growinq .long the .lopv. of the can~l. and tho.. will not be removed. H. .al0 thaL tho .lopu. will b. dr....d Ind .ddition.l m.nqr~v.. will b. planted to .t~bllize tho bank.. Ue 'Iia th.t the p.tltlon.r. ha~o agreod to all of tno requiromwnt. by the Stiff ~nd t~.t th.y will pay the County to provið. and maintain the l1qht. at the entranco road., adding th~ru will bo one entrance and two exit hne.. Comml'llon.r v~s. .ald that the Statn 14 now englneerinq S.R. 951 to ~ðrco r.land and that thoy m.y block the untrance of .hlch Mr. Dahnke .pok., but Mr. C..hnk. SDld tndt the entran.:e ,",ould not bn bloc~ed. h. said that Jonnlon Englnoerlnq hal d..lqned plan. which the COUnty ha. approved and a median bru~k la Ih~wn 4t th, point in qUIs- tion, plus the pttltloh.rs ~rc donat1ng 17 feot t~ moet Stllto requlro- In.ntw. Commi.slon.r Voss SIlO that ne W'I not 100\ sure that the accesl i. in the plan.. ,Co~mlsnloner PIstor laid he questioned the median bru4k becau»e tn.y may have sht)wn Mr. Cdhnk~ an entr~nce onto th~ n~rth bound lane. He ..id In convors~tlons h. hal had wIth the Stato h. wal told that the Int.rs~ct10ns ~n S. R. 9~i will bo limited to a few, In th.lr final plan. he roint"d out there will bet .II crols-over at Port- Au-Þrlnce /load. Mr. D4hnkv 8410 tnat tn~ ~t~tc ùúT and lhe County have d~no conslderabl. work (or tho £.1.5. ~nd the plans h. has se.n IndIcate there wl1: be four or flv~ maoian br04~1 in thAt aru. with ono provIded wh.re this d.v.lopment wlil be. ~osponolng to Commls.lt)nor HalSu, Mr. Dahnko 1.lu that tho prop- erty for this project Is surrt)unded by an existing canal network, that the only l/1nd ðtt.1Chm.nt 1£ s.n. 951 IInd thDt there 1s no othor exil from the property. Commissioner VOIS r.c~mmondod that the developer. think of a contingen~y plan In c~se th, crols-over on wh1ch they ar. planning doe. not occur, and Mr. Dahnk. agroed. Co..i..loner Holland aov.d, ..conded by Co.ai..ioner Pl.tor and carried unani.ou.ly, that the public hearinq be clo.ed. Co..i..loner Holland .oved, .econded by Co..i..loner H.... and carried unanl.oully, that the ordinance a. nu.bered and entitled below b. .dopted, .ubject to .tlpul.tlon., and entered Into Ordinance Book "0. 19. &OG( 085 n~r 2m Pi:lglI 4 -"'~"".'-'"'-"_-""'" <.'1' , ~,hk~ '~;".'...' ,', }~~~:,~.< , ~,~;,,~, t;"~)',t .' ~..,.- ,,,:,,:U. ~';,'i~·':<',~. . ¡'~¿, . ,~~,*; :, ,j. Jðnuory 15, 1985 085 mt221 ORDINANCE 15-4 AMORDINA»CI AMENDING ORDIKAMCI 82-2 THI COHPREOENSIVI ZONIMG RICULATIOHS POR THI UNINCORPORATED ARIA OF COLLIER COUNTY, PLORI~, BY AMINDING TII OFFICIAL ZONING ATLAS MAP NUMBER 51-26-5 IY CHANGING THI ZONING CLASSIFICATION OF THI HEREIN DISCRIBID PROPERTY LOCATID WEST OF WOODLA~I SOUTO SUBDIVISION IN SICTION l5, TOWNSHIP 51 SOUTH, RANal 26 EAST, rnOH A-2 TO KBSD, AN BY PROVIDING rOR AM IFFECTIVE ~TI. It.. 15 (S.e Pale .:3 09 ) " ORDIMA»CI 85-5 RI PETITION R-84-41C, COASTAL ENaINEERINa, REPRESENTING MARIO COSTANTINI, RI REZONING FROH A-2 TO PUD rOR APPROX. 11.7 ACRES KNOWN AS ORANGI BLOSSOH GARDINS, ON NORTH SIDI OF ORANGE BLOSSOM DRIVE, APPROX. 671' EAST or AIRPORT ROAD - ADOPTED SUBJECT TO STIPULATIONS ~rgal noticu having been published In the Naples Dally News on December 14, 1984, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was oponod to consider Petition R-a4-41C, filed by Co.stal Engineering, representing Marlo ~ostðntlni, requesting ro¡oning from A-2 to PUD f~r ap~roximatp.ly 11.7 acres known as Orangt Blossom cardens, "n north sidu of Or~nge blossom Drive, approximAtely 671 _ost of Airport kooé. Plannor McKim exp1aln~d that the objective of tnls Petitl~n 1s to develop 84 mult1-flmily units at ) dunslty of 7.2 units per acre with 20 porcent affordable rontål nOu81ng units. She s.id th,~ Sto!f And III County Agencies hove revlew~d this Pctitl~n and neve no objoctlon t~ its approval sUbj"ct to ðmc:nun,unl of th.. I;UD document, es listed on tho Steff report detud December 1<. 1984. She a.id that the CAPC r"comm*ndcd .:pprovc:.l !iUbj¡;Ct t" amenomtnt of tho PUU Pocumtnt with the changes d*5cribed on the Exccutlv~ &umm~ry dated January 7, 1995. Mr. Krls Vanu. of Co~st~l lngln~~rlng repr~s~ntlng tht p~tltlon~r, said that th~ propcrty Is surrounded by lends zoned A-2 with provl- 110n~1 uaos for mining n~~r~tlon3 and fQr a churCh. H~ SÞld thoro ~ru lovural residencos in tnw ðre~ and the petitIoner requests PUD ¡Qnin~ for 6 tot..l of 04 unIts, 2C ptrct!nl nf wlilch loi11 bt! IIftoro~blr rent~1 housing units as d,,!ined in the Collier County Zonln9 Ordinance. 110 said the requested zoning Is consistent with the Comprehenaive Plan and under the point 'y,5tem, th~ maximum density permitted would be 8 units per.ecr'- or 94 units. ~ pointed out tnat the petitioner is rC\.uestIng 7.2 unIts pur acre or 84 total units, with 17 units baing th~ afford- abl~ rcntal units. Hu rcqucatcò ~pprov~l by the ~CC =lncc such housing is needed in Col1i~r County. Page 5 l.:,¡..d c::::J Liic....J '''d'~~ ~ÙT,:i.<~;~,::".' :r:3.{":':<~.',<i,~:. ~";¡~'_.~.'."j, ".'.~'~~..' .' ." ~. ,....~'.,. :..... '~"'-4 j'.....tI~<jI.-...·.~::::.·~'I\"'\I...,...-þ..r.. ~"i~,i~\lÌ',~:., ~.&;~ .,\.,.$' ','¡il.lto-;.' .~. ~I ..... ~': r ~;,j,~~ . .~ ~,,~/\, ,~ W "..¡.,~.:. ~~'ï" :;¡ .",~~,....,'i""",~ ·"!1¥:j~1,.t;: '~'å . . ·~,'~~~,::~;;:t,Y'~'· ',~.\::?:. .. . " I~\ ~ ·S.:,.'~·..,~;t'':'',:' ':\, '"<"-""~;~~'-~-;""._--"""'."",",,'--- f!I!!I ... .. J~nuary l5, 1~3S RIspondinq to Commil.ioner VOII, ~r. Danl .ald that the rental units will be owned elthor by thu developer or invwstors. Commll.ionor yoss said 1f an investor bouqht one of the r~ntal unit. what would keep him from living thlre, ond Mr. Dane laid thdt the PUD Documont require. that the owner of the unit report to the County the statuI of the unit and how much the rcnt is. Commissionl!r Voss aSked If IIn investor makes the report and thin decldls to live in the unit himself what would' happen then to ~hich Mr. t~n~ rJSpOnd~d that it was his as.umption that whatever enforclment actions that can be taken to enf~rcQ tho Zoning Ordlnan'ce of Coll1..r County \JOuld 4I¡Jply to this sltu.Hion. County ^tto~ney Saunder. ~greed, adding that enforcement Is always difficult but it could bot donll, techrdcdlly. Nespondlng to Commissioner HaBse as to what procodure would be u.ed If it was nllc.....ry to r"m~VD ~n own.r from a rent~l unit, Mr. ~aunder. said that a vl01atl"n of tho lonln'1 Ordinance 16 a crimInal vlol,dIllon oI/'Id probably the County Iorouid go Into CrimInal Court to pro.ecute the own..r of tho prop\lrty. lie uX}Jlalned that an IIlternatlve route of enforcemllnt would be to qo into Circuit Court and attempt to get a Circuit Court Oroer orcerlng compliance with the Zoning Ordinance, and that Crder ffi~y colrry with it the ponulty of contempt If the ownur ooes not comply wi ttl the C"ur t Orù.lf. Commls.loner "".lISt: ask~d if trdre i. a d~slqn..tlon of an amount utilized on affordable hou.ln~ and Mr. Dane .ald It w.s his und"r.tand- in'1 that the requloltion. for ownur-"ccupl~d alf"rdable housing are not very cl..r and that is thp renson ~taf( recommended. .nd the developer agrll.d, to r_qulru thdt lhu units bol runt~l unIts. flu said that the Zoning Ordinance contains maximum and minimum .quaro footages for rental clffordabl.. units, adding that theory bllhl,',d this factor h that by limiting the size of the unit thll rent Is basIcally controlled acCording to tho market. Pl..nner McKim s.id th.t what Mr. Dðne Ixplalned is the way the Zoning Ordinance 1. wrlt~en, that there is no ·cost limitation or qualification requirements for the people living In the rental units. Mrs. James Westman, rl!presenting the Lcague of Women Voters of Colli.r County, said that tho League hll' supported affordablo housing in Coll1vr County because of the gru~t n~ed. She said that the League is allo awar. that soml developerl have been ";.ttlng out from under" the development of affordftble housing in the final analysi. In dev.lop- ments where credits were giv.n under the point sYltem for this type of BOOK 085 w,r 222 , pag e S ~... I , ,.,~,,..,,,,.,,,.-~..........~,,,,,,,,,,,,.",,,...._,,"...,,,,,,.._..__- O ~;':\.~>. 223 ~-' 085n'x, January 1'5, 198~ 4.t~ '("". " #,'(' dwelUn9. She asked why tho affordable housin9 units were not spec1fl- 7:~;" c'lly liar ked on the PUD map, and Mr. OIIne .,10 th.t 10141 probllbly to ' r,_. '~<. ,give the d.v.loper some flexibility in his planning. She suggut.d ?~" th.t II condition be put in the PUD document that would requirl':' the . developer to 9iy. the BCC II more specific idea þS to the mix of the rental units, that is th. size which wIll bo from efflci.ncy to three bedroom units and how many of each that arc planned. Sho .aid that the L..gu. is concerned about tho use of affordable units within the point system: She r.ferred to Planner T.rry Clark's l.tter included in the Executive Summary rwgerding den.ity versus growth and suggestod that. ~rkshop b. held regarding the use of water as gross figures with regard to land use. Tape t2 Mr. 'Uchard hdhn, CO/lstal Area Planning Commissie>n mE-mbur atated that he was represent Ing II Imself, nol the CAPe. he stated that under the point systwm of tho Comµrlt',unslv" Plan thIs project would normally b. allowed 47 unIts but by adding 17 affordable hou.lng units, the developer ia /lIking for ~4 unit. wll1cn Is almost ooublll the density. H. saId he could flnd no l~gal descriptIon In the Zoning Ordinance of affordable housing. He sal0 thcrL IS no ~tatf to ~nforce tnat these affordable nousing units are u.ed properly ~nd that they ~o to people wno need such units. He said thðt tho County af£ordablc housing .tandards need work and he suggested that a moratorium would be faIr until ¿ leg6i defInitIon is proaucc~ to maku sure those pcrsons who need the nouslng get It. Com~issioner Voss SJic that wn.¡t Mr. Hahn WðS addrQsslng was, in his opinion. II fallacy in the Zoning ürdln¿ncQ and hc agreed that a b~tter definition of ¿ffordllulu hou~lng is nQec~d, addIng that Stdff will :omo baCk with such a definItion. ~r. CRorgo Koller, Presicont of Colll~r County Civic fed~rðll~n, .ald that it 15 obvIous that no IndependEnt contractor will be ,)b1c to provide ùffordbl~ houslng cue to the coSt and i~ thcr£ is to be such nousing In Collier County It will nave to b~ done tnrough some type of community action sucll as A gov&rnmLnta1 agency whlcn Is subsiclzed. he said It was his hopo thnt th~ extrÞ points for aCforable housing will b. r~mOVdd because thvre is no assuranc~ th~t th.se units will b. rentel property. He said tnat tno present poInt system is a ~ay ot 90ttlng more oensity for a develofment under the pr~lent Zoning Code and h. suggeSted that the Cooe be am~nd.d and tho ~xtra points romoved. pag_ 7 :..._- :::::J L........ ~ ~.~---~-- ·r..' "'.... ~ '. " ·l:.'~ k;,.,J¡,t·~><¡~.lWI<"'.Y ,~" '\f,'.'~~' . ~'~ ,..."t-;, ¡tr.I ~ '·~l"·.ft ,: "11..-..... '. "'," . 1. '.. ;..1.~.. ";>./.~¡','~""....','."...",:, ':,.:' ~.~ I;, . ..,., ,( t:. ":, ;'i"" 'I ~!: .' . . . . . "-""----..--"----...-.-...,...... ,-,. ..~..""..,---_._-,.......",..,......, ,_.~'...".~'''".".,,'',..,'',.. .. ... - January 15, 1965 Commissioner Ha..e .skod ~hat Impact there would be if this petition W.. h.ld up until a new Zonlnq OrdlnJnce c~me into belnq, and Mr. Saunder. laid thðt it was hIs opinion it would be a bad practice for the ~ard to get Into th~ h~bit of delaying Items pendlnq change. in the Zonlnq,Ordinance because, in effect, that would be impo.inq a ~oratorlum. He .uqgoSted th~t this petition bu welgh~d on its meri~1 and If th4rv i. a FrQbl~m with th~ Zoning Code tn~t it be corrected so that ~ne SAmw ~roblem oo~s no: ~xl¥t in th" fueure. Community Developmont AdminIstrator Virta Bald that currently Staff is looking ut amwnolng thJ Zonln9 Orcln~nçd and, ~s part of tne upd.t~ of the Comprahenslve Plan, at ~ays tnðt this .spect of the Plan may be chanycd. HCI concurrvd wi en Mr. 5JunOcrs tllðt this potlt1on meets all Urdlnance r~4uiremdnts and should b~ weighod Qn its own merits. ~~ .aio th~t tnoru will bo II ru-wrltu of thL Comprehonsive Plan which means that publIc hearinq3 will noud to bo hold and that the revised Plan will bo lent to tno StdtCl ,no ~outhwo3t Florida RegionJl Planning Council for their rovlaw and comment which will take thre_ month.. Hot 1,¡ld it will t.3K.J until the later ¡;...rt of tnis summ..r before tñe Comprehenslve Plan cnang~s ar. actually adopted. He w.ld that the zoning aspc::t::ö C.3n proccoc fanter ·...no thdt once the ordinance 1. written It ha. to be heard by tho cAPC and the IAPC, the CCPA and brought beforu the ~o...rd. Mr. OcIne aald that the ~etit1on"r hots COlT,. beforo the Bo~td under the provl.iona of tho C"mprenunlivo Plan Jno Zoning Ordinance ond have workud with th.. Stuff anu havu r~yue.t~d leçs density than wnuld be allowed and the dotvelopor would liko to gut on with tho project. Commisalonvr Pistor suid tnat n. did not remember any other occasion ~her. the ~rovi.lon of affordabl" housing unit8 allowed doubling tho density ùnd ne asked if Mr. Dana would consIder lomethlng le.. than the H4 unita requested, to which Mr. D~ne laid that the petitioner Is requesting 37 extra units ðna roughly ono-half of those will be affordable hou.lng units. Asal.tant County Monager Dorrill requ~st~d that the record indi- cate thdt th~ point system Is both quantitative a. well as qualitative ðnd that a given project has som. quantlflablo constraInts since It would b~ of a certain lize, within ð certain proximlty to a fire department and that a project Is also qualitative in that the developer may pick and choose the qu~llty of ~ particular project. H. said it is not one particular i¡sue that wIll double or Increa.e thQ density aOOK 085 w,r 22.1 Page 8 .-1~ìÍ!~¡ C', . :"~.jll""; . .~, ~~"..,.,.-""".~-"-<,--_",~__~,_-"",,",,.,__.,..,..~.o>._. "" 085n"1.225 January 15, 19B5 allowed for a project. k. said that the Board noedB to bo careful of the angle from.whlch tnis project 1. r6viowod because there are other things that a developer may choose to do that may also allow him, undor the point .y.tem, to increase his óensity count. Mr. Hahn pointed out that the Board had a similar project to review a while ago, The Clade. Sunrie. II where 42 uni~s would normally be allow.d and the reque.t w.. for .n incre.se to 86 unit. by adding 17 affordable hou.ing units and that 'petition waG denied. Mr. Saunders .aid that ca.e involved units around the golf course and the density did. not fit into the neighborhood. Co..i.aioner Holland .ov.d, aeconded by CORDiasioner Goodnight and carried unani.ously, that the public hearing be clo.ed. Co..i..ioner Holland .oved, ..cond.d by Com.i.aion.r Coodnight and carried, 4/1, Co..iasion.r H.... oppo.ed, that the ordinance .. nUBlb6red and entitled below b. .dopted, .ubj.ct to the .tipulationa, and ent.red into Ordinance Book NO. 191 ORDINANCE 85-5 AN ORDINANCE AMENDINC ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS rOR THE UNINCORPORATED AREA or COLLIER COUNTY, rLORIDA BY ~INDINC THE ¡ONINC ATLAS MAP NUMBER 49-25-1 BY CUA»GING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO ·PUD" PLANNED UNIT DEVELOPMENT rOR PROPERTY KNOWN AS ORCANCE BLOSSOM GARDENS LOCATED ON THE NORTH SIDE OF ORAHCE BLOSSOM ORIVE, APPROXIMATELY 671' EAST or AIRPORT ROAD IN SECTION 1, TOWNSHIP 49 s., RANCE 25 E., 11.7 ACRES AND PROVIDINC AN EFFECTIVE DATE. Ite. 16 RESOLUTION CWS-U5-l RE ACREEMBNT BETWEEN U. S. HOME CORP. AND COUNTY WATER-SEWER DISTRICT FOR PURCHASE OF SEWAGE TREATMENT FACILITIES AT A COST OF $100,9~0 - ADOPTED Lvgal notIce having Deun pUDllshed in tho Naples üaily News on Janu~ry 11 ~n~ 1(, I~L~, dB ~vld~nc~d by A!fia~vit of Publ1cJtion filed with the Clurk, public hearing was opened to consld~r an agreement betweon U. :;. Homt CorpOrdtlon Ilnd C"lli'~r C::ounty \\ðt"r-bcwcr Cistrict for tn, purchase of sewage treatment facilities. County Attornuy bdunoers Suiu thüt ðS pdrt of thIs item he wanted to indicate that J public hearing Is bgln~ conducted pursu~nt to Soctlon 125.3(01 of the FlorIda Statutes. He s&ld this porllcular Statute dovs not requlrw a Sp~clal ~dvertlslng of the public hearing, however, tho hearing wuS adv~rtlsed. Commlssl~ner Voss said tnat discussion o~ this item WbS begun at the acc meeting on January 0, I'oge \I -, :::::J - ...J "'-"'---..- -...'....,-.........- ._--;-- ----~---'" ..'''I,~t:..... ~' , -"~,~".""'-,-_.,,~.~-,,,...,,.,"._, '"""'....._,--," -..----.-->--,.'" Iiiì = I!II January 15, 19B5 1985, and action wa. deferred so there would be amplo time for public di.cu..lon. Mr. Saunder. empha.iz.d that a pDcket of information has be~n compll.d which considers all of the items listed In Chapter 125 that must be considered by the Boord of County Commissioners. H. said that Utilities Administrator Crandall will alaborate on all of thess items and h. onCOUr^gHo the Çommission~rs to asK ^ny qu~stlons In reference to the data that has been submitted to them. Mr. CrJnddll ~~ld this Ja d~ agreoment botwdln U.S. Home Corvdration and thy County for the purchase of a JOO,OOO gall~ns per day (gpd) I~Wd'J' trll.HmOnt lacility tt) s"rve Kings L/Jku ilnd Foxf1re Subdlvlsionl. he 1.10 that tn. proposed reoolution contaIned In the £xecutlve ~ummary ~iltod 12/28/d4, ilcdr~ssoo Chðpt~r S4-d<, F.S. and he noted that Item litotes that it 18 tho County ".tYr-Þ~wer DistrIct's pliln to buila . rlglonol sewag. trciltmynt piant capable of ."rvicing Kln']s Lake and foxfJre by 1995. He: said that Item 2 statos that revenue bonds \;QUId be usea for that construction. lie said th,n Item 3 states It Is In the ~ubilc1 Interest for tho DIstrict to build a Customer b.se. he said thJt ltcm 4 8t~t08 this ðgrel!m~nt will provide a customer base t)f 582 customvr8, immediately. Commissioner hollðnd esk4a Wnðt the current capacity of the ~ew.ge treatment plant ~wnld by U.S. Home Corporation Is and Mr. Crandall .eld It Is 100,000 <¡¡pd. Commislinner Holl~no lalo tnat the average disposal from the subdivlslnn il 250,000 gpd and he asked how Slaff proposes to crAm the .ffluunt Cram 582 PQople into a 100,000 1pa tacillty, tt) which Mr. Crandall responded tnat tno plant 18 alroady tr~atlng that effluent. County Mdnilgor Lusk said that the sewage treatment plant is at capilcity now and thal during tho winter months tho plant is probably going OV.H capacity ilnd that Is why u. S. Home Corporation have committed to the expansion which should be finlsned sometime in February or March. Commisslon~r Holldna laid that Mr.. Meli, of DER, has no knowledge of a permit to enlArge this plant and Mr. LU8k and Mr. Crandall stated that DER has issued a permit. Commissioner Holl~nd said ponds th~t are totally covcre~ sewage going into those ponds. plant is only utilizing 70,000 that there currently are two settlement with duckweed which Is indicative of raw Mr. Crandall said thllt presently the gpd and they have admitted they have had tODK 085"':1226 PagÐ 10 "--"__'~_""""_''''4''''''.'''''''''''' "'~'"''~'''"_'''~''''"''_''''' 085 mt 227 January 15, 19B~ op.rational problem. which i. th~ re~son for tne expansion. 'Commi.sioner holland lAid he W~I at a los. to understand why t.he ' County 1. even conlidering buying a plant that was taken out of serv- ice, with some doubt as to the legality of thAt action, end th~t the people who live in the subdJvisJons were hooked to another facility .everal yeer. ago. He laid now the County 18 talking about buying the lame plant. he laid this plant Is the lame one that was In Lakewood, originelly, and it was moved out and the customers were hooked up to the Ellt Naplu Water Systems, Inc. H. &aId that the County has Opposed package planta and edded that he could not underltand the thinking regarding buying this plant when there Is an available hook-up the lame th~t II currontly b~ln9 don~ on Mürco Island to have the raw lewage treated and tne peopl~ could still be County customers without having the County get Involv~d In purchasIng a plant on leased land that is going to hav* to be moved In time. Hr. Lusk said thal Stòlff agrells wIth the opposition of pdckag_ plants but If th* County Is going to b~ ablu to build a s~wer plant Jt has to hav. a customer, ba!. to Is!ue the rl1vcnuc bonds to be abl0 to ~uild that plant. He said that the County In thIs area has to start. somewhere bul1dlng lts Customçr blJs~ or It will n~vcr build a sewer plant or be able to a~rvicø tne ara~. Commissioner Holland said that h~ agre£s th~t the County n~ed. to be In business, no~ever, he could not get an answer as to who author- IUd the County Attorney to tdl t;ðSt Naples \<oaler !iystllms, Inc. tnat the County would no longe' conaldur tn. purchase of their plant. Com- missioner Voss stated that the bo~rd agruud informally, if not for- mally, that it was getting nowhere wIth the negotiations with la&t Napltrll I'Iðter ¡;yst£ms, Int:. COmr.1iS¡lOn~r !t,:dland s"id thot the only thIng that is "n record, all far ðS he kntrw, i& the fact thut Commis- sioner Voss and othcrs werç authorizuo to negotlat~ witn ~ðSt Naplos ~ater Systems, Inc. to buy their facility. , I'Ir. Saunders s"id th.n CommlsslC'lnl.!r !toll..nd WdS corr~ct and that he plan~ed to present this lssue to tne ~odrd In th. near future to obtain direction. H~ said that tnt reason h~ sent th~ letter was because the utility company has retained Counsel from Miam~ Beach who have beun Involved in preµaring information for th~ County for lhc purchase of the· system ana he said he wanted to put the ~ast Naples Water System&, Inc, owners on notIce tnat th~ County w~s not proceeding any further to purchase the plant so that they ~ould not expend funds Pago 11 C.:.. J c::::1 ,- ,,'.. .-- . LT~tt:.. .'.. :. j . ,'\0. ,~ .."'------",--·-.;___Al,, PIJ!II .. 1m J~nu4ry IS, 19a5 to pr.par. any atatem.nt. for the County. H. .~id th4t he perhaps W41 n.gligent in not bringing the item b.ck to tho Commlosion earlier And it 1. an item tho eoar~ will have to addr~ss. ^ discussion followed during which Mr. Lusk said that U. S. Home Corporation plans to utIlize the process of spraying the golf cours.ø with the treated of fluent and he pointed out that there is no noed for .xp.n.ion of percolation pond., however, a larger storage tank Is currently being built to handle the .ffluent. Mr. Crnndall said that prior to th; turn-over ðf this plant to tho County an active, oporatinq permit WOUld be requlrod from DEft which would address whether or not the plant Is operating efficiently. ·Mr. Cr4nd4l11 s..la that Item 5 of tn.. pro¡..osod rosolutlon Qxpðnds on Itom 4 "nd states that the terms ot th~ aqrJ~ment are fair and reasonable. Responolng to commlu3ioner Voss regarding whechor Staff had any comment from the consulting enginedr, Mr. Cr4ndall said that a letter has be.n recllved from PAC Consolr Townsena, Inc. statIng It was a re.sonable purchase price based on the Inform~tion that Staff pro- vIded them. Commls,lonor Voss said th~t thu consultðnts consist of the jolnr. v.ntura of PRe ConlOllr Townsand and 110111, Mantas and Associate., Inc. Ourlnq the foliowing discussion, Commissioner h~sse asked If it would not be better for the County to look at the permit thllt DER says has been issued to U.S. Ilome C"r¡."rðtl"n for th!t ~xpanslon of the plant by 200,000 ~~ Jnd Mr. Crandall said that Is strictly a matter between DI:;R and U. S. Ilome Corporation IInd thltt betoru the County takes over the plant the County woulo be iasued a permit f"r the County to operate tn, plant. Commissioner lIol1Jnd sald that the permit to which he, referred that U. S. lIome Corporation docs not have Is for the storage system. Tap. .3 Commissioner Pistor said that he was II Commissioner when tho Laklwood .ewer plant was working satisfactorily and U.S. Home Corporatlon apparently wantod the space on which the sewer plant was built in order to oxpand the .ubdivls10n and th.y made an agreement to which the residents of Lakewood objectdd because th~lr sawer rat.. Wire increa.ed sµb.tantially. He said there was no reason for the plant to be .hut down. Commls~ion~r Ho11Ðnd said that hø agreed with CommissIoner Pistor regarding the residents being irate, adding that he cannot understAnd &OO~ 085 ~J~r 228' Page 12 '. '-",~ ·'t'~: fl,.'; ~¡'i ';i.ri,'~·t. : . ::ft ,f.- ~~ : ,~:~, ;'~ I~;ù' lOR 085,ar.r229 January 1 S, 190!; why thv Company folt it was tQ their advantage to close down the plant. H~ said that if tho County has tho av.ilability·of having the .ewago treated by t:a.t Naples hater System., Inc. or Lilly In the slime way that '., i. done on Marco Ialllnd, it would seem .trange to him for the County to go into the package plant business boc.uso there Is no WilY the County can justify the expenditure or tho rate.. Hv said If there is tlllk about building a five million gpd plant five yoars down the ro.d, h. vould rather s.e the Commission take action today to condemn the plant and go after the larger plant this date. Mr. Lu.k said that In the long term the plant would nover be the .lz. that will be neaded lor thl. IIrea. Commissioner Holland said if this discus.lon involved building e sewage plant he would have no objection, however, this subject 18 ~bout buying a package plant on lea.ed l.nd. Mr. Lu.k said that a plant c.nnot be built without a Cu.tomer b..e. /'Ir. Cr.ndall said thllt Item 6A stlltes that U. S. Home Corporation has provided an Income and expense statement for 1983 and a preliminary ctatement for 19&4. He s~la that Item 58 Is . balance sheet lor 1983 provIded by U. S. Home Corpor.tJon showing as.et., liabllltlos, and contributions in ala of conRtructlon. Hu oxplaincd th~t Itcm 6C Is Inlorma;lon provldea by U. ~. Homo Corporation regarding their rate b.se and Itllm 5D is un InufJcction of tl,c existing fJlant anè on-going con.tructlon of the 2CO,000 gpd ~xfJllnsion that was mdue by the UtilitIes lnglneerlng Dlrcclt)r, ~Ius a letter dllscriblng th~ plant's physical condition. rle slIld that Item 6L states that the 5100,000 purchas~ pric~ Is f~ir and rCdsonablc and Item SF ll~ts the posltivc. Impllcts of purchase by thu District lire thllt the Ct)unty ct)uld provide 24-hour ofJcratlon, u~vcn days II wCllk, thdt thu 2\ rugulatnry fee now neclssdry woulLl be el ir.1!nated which wt)uld rcc1uce tht! monthly billing by 2\ and thal tht: bond riltcs n,,,y be mort attrbctivL due to tn~ customer base. he sdld that Item GG rufers to the fact thðt Staff could not come up wltn negdtive ImFðcts of the purchase which is th~ reðson l~r thl discussIon this ddte. Hu uXfJlalned that Item Gh refers to the fact that addltlon~l capital Invustments wIll only be required if the District's reglonðl Hewcr ~lÐnt is not ready for servicing In time for build-out of toxfJr~ dno Kln~s Ldkc tiubdlvlHlons. h~ saId Item 51 lists two alternatives tt) the agreement, one of which would be to leeve the situation as iv and the other would be that some other prIvate utility \o'I?uld pUl"chllsu or serve toxllre and Kings Lake. He said that Pél gel 3 :--l :::J "--, .~ -'. -. .-. -...__w_---..._~ .~ ·E ""~"""-""'_-,--,",~.._",..,,,.._-...,.~>._ 11" III .. I!!I January 15, 1985 ItQm 6J II Attachment C lummarlzing the Ciltrlct's ability to provide .nð mtintain hl9h quality sftrvice. Mr. Crandall laid that Item 7 II a atatoment 91vinq some hiatory on the Diltrict's 'Itablll~wnt and the 11ze of itl eXlltlnq facil1tie. and Ito~ 8 is that tha Diltrict d.termln'l from the for.goinq that thi. a9ree~.nt II in the pvblic'l lnt.relt, that a n..d exists for .n incr....d custom.r base, and the exl.tinq facilities as well as the facilities under construction total 300,000 gpd capacity and provide a qood facility for the $100,000 purcha.. pric.. Mr. Crand.ll .did that he recommends th~t the Board approve the aqreement b,twe.n U. S. Home Corporation and Collier County Water-Sewer Diltrict with the following stipulation., I. U. 8. Hom, Corporation provldel the District with .as~mentl for ~11 off-site collection and distribution lines not alreedy provld.d. 2. U. S. Ht)me Corpordtlon ¡;rQvld~s II perman'Jnt eðsem'tnl for th\! lnstalldtlon of a pump station to be Installed when the sewer plant Is dismantled. 3. U. S. 1I0me Co rp"rat Ion provldes th'l DI strict wi th b valid DEn operating permit for the 300,000 gpd plant prior to the DI.trlct acceptlnq th~ oporatlon of the facility. Mr. Lusk sdld thJt the customers who are pres.ntly b.ing serv.d in the ared arll paying double impùct [ties, one to U. S. Home Corporation and one fee to the County and this take-over would eliminate that which would save tho aver~~e homeowner betwQun $500 and $700, since they are paylnq approximately $1,400 now. He said that the rates prosently being charged are tho rates the County would propose to charge. Mr. Crandall saiel that the pre.ent rates U. S. Hom. Corporation chargell are $9.70 for one bath: $11. 02 for two baths, and $12. J5 for three bath. and that ~ast Naples ~ater Systcm~, Inc. does not differen- tIate b.tween one, two and three b4tns since 1111 of their rates are ~12.32, however, they presently hav~ a rate Increase request before the County. Commlssion.r HQlland pointed out that If this transaction runs Into a problem the Board of County Commissioners have the abflity to ral.. the rates of the people servlcad, to which Mr. Saunders agr.ad. Mr. ell,. said thor. was a 10\ Increase in water rata. last Auqult and that the previous rate Increese was In August, 1983 of approxi- mately 15\. At the request of Mr. Saunders, Mr. Frank Dolan, Senior Vice lOOK 085 p~r,f 230 "ago 14 ·.;r tote 085PAr,t231 January 15, 1985 Pre.ident and Project Manager for U. S. Home Corporation, stated for the rocord, rvgarding the County's .tipulatlons mvntloned by Mr. Crandall, that hi. company had no problem with the ea.ement. for the effluent lines being dedicated to the ~ounty, with setting up an area, already behind the lot., for a pumping atatlon, if it Is needed, and he saId that there are also 11ft atations that can be changed In direction to help out the pumpage. He said that U. S. Homo Corporation has no problem with regard to obtaining the liconsing and permits from DER for this turnover. /'Ie. Harry Hu:)¡chman, Vie. Pr&sldent, East .Naples hater Systems, Inc., presented his prepared statoment, Exhibit E, to the Commis- sioner., and read it Into the record, listing his objectIons to the adoption of th~ proposed sewer servlco agre.ment. He roferred to an engineering roport by lIoh, Monte., and "ssociat!!s, Inc., dated 10/25/84, which Indicated that ~ast Naples Water Systems, Inc. has sufficient wastewater treatment cap~city to qualify as a sub-regional .ewage treatment system. He said the report suggosted that a service area of 5.000 to 6,00U CUSlomers for the l~Gt Naples ~ewage Treatment Plant would be In the best lnterest of the public and it concluded that th~ servlce area for Ea~t Naples should be expanded to include Kings Lake and foxfire In order to take advantage of the relatively largo unused cilpacity of the edsting' trllatment plant.. Mr. Hubschman said that when Lakewood was having problems with their sewo:r plant it was documented by DEf< that they "'~r\: over!lowlng their polishing ponas into the lake systems Into Lakewood and the Glades ana the ~roblem would havu caused ð ~oliutlon nazard to the residents of those areas and, therefore, it was aeu~ed necessary to hOOK thos.. peoJ.'lu to the l:.aSt Naplell ..../\tU[ Sysltlm¡¡, Inc. in order to provide proper treatment. h~ said that his company wt)Uld sign a bUJk rat.. dgr"emont with Colliol County if his :acliltil1s w'~CI: uso:d for this arOJ and the County would then have a customer base started for a system that the Counly would c1thvr purchaß'~ or builu In the future. Col. John E. beebe, Jr., President ';If Lako:wood Civic AssociatIon" reviewed his appc~rance before the UOard on 10/20/Ul, when he requested that the ~oard not permit Lakewood to b~ hooked up to the form~r Clades Utility, now the ~ast Naples kater Systems, Inc., until Dnd unless the utIlity was franchised by tne County and a hearing was held to set appropriate ralws ðnu that h8 rVQue»ted, in thu me#ntime, tnat U. S. Home CorporatIon be requIred to continue the oporatlon of that pag e 15 ~__.. J -1 ~ '.-. "~ :~-;--~:~'~'~:T, ... :~~;';f1F~1:~!':--~-'- -_.""-'"'-"'_._~_."'....~~~~._."...,.~. I_-."'~.-........._."""..",,-~,,~,.. ....,..._,~."~"',""',..... ',"".. ",~"" .. .. ... January 15, 1985 tr.atment plant. H. s~ld that tn. ~oard chose to permit the hook~. He said that the plant that was built by the Clades in 1981 was not coordinated wIth the County Ut~lity Department with respect to how it fit into the County plans for sew.r service .s requirod by the Sub- -division Regulations. He pointed out that East Naples Wator Systems, lnc. owners have not acc~ptÐd the franchise th~t the County offered them. He said ~hat his organization believes that a County-owned sewer system Is in tn. best interust ~f. the reoµI.·t)f East Naples, including the people of Lakewood. Mr. Ceorge Keller, President of CollIer County Civic federation, slid his organization discussed this sUbject at the 1/10/85 meeting and the members agree wIth Co!. a.ebu's stat'!ment. He ðskud if iI sewage taxing dIstrict could be sut up In the East Naples area wIth property ðssessments which would be a V1ðbl0 baso for financing a County sewer system in .this area? He said the County should find out whðt fðcllties are needed In various ðr~as that aru populdtud to 4 point where centra- lized sewer plants are needed. Mr. ùuk said lhal >f~C Conso~r TO',o/nsend, rnc./holoB, Montes and Aasociatcts, Inc. aro preparing plans for Collier County and if It takes a year dnd ð half to have iI flndl plbn things Cdn hJppcn in that time period that will affect tho County for years to come and make ~h. costs higher to implement sewer pl~ns for this arc~. HO said thIs is one of the reasons that Staff went to Consocr Townsend and told them of the opportunity tt) get lha U. S. Home CorporJtion plant and asked them If it ",ould fit in? lie said the c.'mp.!lny's answer was, If the County could purchase It lor $100,000, th~t was a groat opportunity and should be done. Tape 14 Mr. Lullk said if thesll Customers are ultlm/ltely lost to a private company the County will have to "buy" those customsrs five years [rom now and there is no reason for that to happen. He said that the 80ðrd is on the "brinK" of making a major polley decision, this date, for the County sewer system and It will commit the County to a regional plðnt in this area. He said it is a way for lhe County to begin and that he rucommends this purchaso to the Commission.. Co.-issioner Pistor aoved, .econded by Co.mi..ioner Holland and carried unani.ously, that the pUblic hearing be clo.ed. Co.-is.ioner Pi.tor .oved, .econded by Co.mi..ioner Vo.. that Re.olution C~S-85-1 finding that the purch..e of a temporary .ewaqe ;~OK 085 w,r 232 pag e 15 January 15, 1905 treata.nt plant fro. U.S. Ko.. Còrporation, at a COlt of $100,000, to '..rv. the ar.a. known a. KIng. Lak. and roxfire i. in the public inter..t and authoriling the Chair.an to .ign the r..ulting agr..~.nt. Re.ponding to Com~i.aloner H....'. comm.nt.regardlng the purchaso prIce of $100,000 Including the $369,000 Clxpan.ion COltl, Mr. Lu.k uId th.t the av.rage developer docs not w.nt to be in the lewer buøIne.s and U. S. Home CorporatIon feels If they can spend $259,000 to get out of the .ew.r busine.1 that il good. Commissioner H.I.e a.ked if this tranlaction will require additional County per.onnel and Mr. Lu.k saId ne wa. not sure if the .operation of the plant would take a full time perlon. Mr. Crandall laid that'additlonal personnel would ~ot be needed immediately. Commis.loner Holland said tnat h. would vote this d"t. for the ,County to Itart a sewer plant for last Naples, howwver, he could not understand U. S. Home Corporation giving "way $300,000 to get out of the lew.r business If there WIIA not d problem. He said th.a he did not understand why Consoer Townsend/lloles, Montes and Aasocates, Inc. were not prosent to inform the Commissioners on this subject. Mr. Colen said that U. S. Home Corporation does not believe that itA business is the sewer bu.iness, addIng that the company's business is devoloping l~nd. He said that the company Is In a situation thet can handle the sewwr business bettor thdn ~nybody ulslI. He slIid that the company feels by seJling the piant to the Ct)unty they have ~ fixed amount. of cost against the futurl: on tl,1.! company-owned lots which can control the marketing. kesponding to Mr. Saunders, ~r. Dolan said that It is correct tnat U. S. HQma Corporatlon will havc tt) cOr.1plete the expansion of the plant rogardless of whather the County buys the pl~nt or not, and he stated that the projected completion datI.! Is approximately 1/1-15/65. Commis¡¡ioncr Holland as~.:o "'Ie. Dolton If his corr.µany WdS In II position to offer th~ CQunty additional land if an ovcrflow situation snould arls.., and ~Ir. !:<>lðn s.de! that there Is prc!l,¡ntly room for another storage tank. He saId thllt thc storage tank currently bain't] In5talled will hold 750,000 gill Ions of effluant. he said th.H U. S. Home CorporatIon does hav~ ð permIt to do the expansion and that the storage tank Is on those same plans, and that th, co~p~ny has perr.11ts to u.. the effluent on the golf cour.e. Responding to Commissioner Holland, ~r. Dolan saId that, at this time, his company does not see a problem of the ponds overflowing this summer and that the curren~ plans PI! gel 7 ~.--o; J .....-- L-J :~ ,-e ',-..---..,-.----.. .... ........"......---.."..-.-..,. _...._""""_e,""..."-"" ," , . '._-''''"''''<""''''.",,,.~,.''. Y"·.H~"''''_''''''"<'·'~'«·''''''''''''-''~'''M,"_'·~''''~'_'''·'"'' ." .. - In .1anunry 15, I'JR!í include re~ovin9 the pond. b.cau.. tho Itor"~ft tank Ihould handle the effluent. ~. said that the S3~0,OOO to 5370,000 figur. mentioned al the COlt of the expan.ion il correct. Commllsioner Goodniqht said that for $100,000 the County is ~slentially buying customerl "nd that it is her understandinq that the County has to take whatever customers are thore, even though the plant il at ca~acity. Mr. Lusk said that the aqreement would be that th~ County would nevnr he able to put 3 moratorium on the development, althou<:,h customers outside the development could be refused. He sair! that lhe plant could r~ach capacity and the rr.R could plnce n morator- ium on additlonnl customers. Ilr. f.usk sait'1 thet whnt has to be avoided Is to reach cllpecl ty IInd not bO! I'Ihle to t Iv!' up to the aqreement. He laid that once the reoionl'll plant ooeft into construction Mr. Crandall will heqin to look at the ti~eframe of wh~n the pll'lnt will be ready for ule end he could then add customers other than II. S. Honl' Corporation cu.tomers. COMmis.ioner r,oo'nloht .1ft1o:t'd how much th,. County would hav" to Ipend sometiMe later for tht'fte customerø if this purchale is not made now and Mr. Lus1o: said thAt would d"pend on whllt hll!"pened to those custonerft. He said if thp cufttomers ""cllme Fast Naples Water Systems, Inc. customers that would reault in more valut' to that ftyfttem and the County would have to pay morl' that $lnn,nnO for the customers. He srti~ that ultimately the U. S. fonl' Corporation custol'1ers will "mount to 2.125. He snid that the More customers the County has the more l'1oney it can borrow. He !llIid if th9 County MH"es to this aqrel'l'1ent the County really hils to proc~~d towllrd buildlnq the reqional sewer plant. Respondinq to Commissioner Piator, Mr. Lusk said that the expansion of the U. S. Home Corporation plðnt will allow the plant to handle approxlmlltely 1,F.On clllltomf!rs. fie sllie! thllt if II rl'qional plant is not built. the County will probably have to expand that pllckaql' plant in four or five years. Upon call for the que.tion, the .otion carried 3/2, with Co..iaeioner. Haa.e and HOlland oppoaed. Commlaslonor Hasse commented that thl' County should immediately start workinq on the roqionlll sewer plant, to which Mr. LUllk sllid that thla has alren~y beoun. MD( 085 FA'.! 234 I'a<l. In . ,.,1"'.' '-; ;~, ...<"."""'....".-.---''''.... ..._,-.'- ;, . Og)w!265 January 15, 19~5 aoo( t7 PETITION V-S4-2BC, FORREST L. HARMON - CONTINUED TWO MONTHS, PETITIOØER TO PAY POR READV!RTIStM~ COSTS Co.ai..ioner Pi.tor moved, .econded by Coaai..ioner Ha... that P.tition V-84-28C, porreat L. Haraon be continued two month.. County "'ttorney Saundera aaid that it would be appropriate to readvertiae thia item ~ue to the length of time and Commissioner Plstor stated that Mr. I1lIrmon has been informed that he will have to pay for the readvertiaement costs. Upon call for the queation, the aotion carried 4/0, COlllmi.sioner Holland out of the roolll. ..... Rece.., 10.55 ....M. - Reconvened. 11,05 A.M. at which ti.e Deputy Clerk Kenyon replaced Deputy Clerk Skinner *.*.. Ite. '8 !MERCENCY DECLARED. ORDINANCE 85-6 RELATING TO VESSEL CONTROL AND WATER SAFETY - ADOPTED WITH REVISIONS Co..iaaioner Plator lIIoved, .econd~d by COlllmis.ioner Vosa snd carried unanillloualy, that an emergency exiata in terllla of protecting the public health, aafety and welfare of the citi~en.. Commissioner pistor ntllte~ that ther~ hllve heen numerous complaints from people livinn In lnhðhite~ IIrea1l of th~ County from Marco Ialand to Vllnderhilt Rellch. lie stilted that there are areas where people lire swlmmino in th~ r.lIlf of Mexico an~ the hinh apeed hoats go throuqh the mlrtnt of the ftwimmrra which crentes 11 hazard. lip. state~ that on the hp.llch there lire plllcell net up for parlloal11nn or Illn~lnn and people clln not Uftp thllt pllrt of the bellch. He stðt~" thllt In orc'1er to mllko It safe for everyone It hall been connldered to not allow hiqh apeed boats within 300 fp.(!t of the ahore. lip. ßtllter that the onHn/lnce was prepared hy the County ~ttorney /lnd i1l to IIprly mainly to nreaa that are inhahlted. He. Maroaret Kelly, reprPßentntlve of Marco Island Allsociation Con~ominlum1l. ntllted thllt there are IIhout 35M) people In the Associntion. ~he noted thllt the Asaoclntion is concerned about the aafety of the people, adding that they are very much in favor of the propeaec'1 ordinance. In answer to COl'lmiasioner lIasse, County Attorney Raunders stated that there would hllve to he eome wordina channes in Rectlon 3, ad~ing that the way it is wor~e~ now It states that in any wllters in the Gulf Page 19 =:J CJ c::::J ,. . '.... - l.'1li - ~anuary 15, 19~5 Of M.xico where there 1s a san~y beach, boats woul~ have to operate at ït1l.e .pe.d.· He .tated tho'lt to addre.. the iuue of whether the beach t.·inhabitedor u..d for bathin9, some I.anguaqe will have to be adde~. ß. Itated that on. of the problems h. had with using the wor~n inhabited beo'lch or populated bellch is that nobody l1vea on· the beach , . and he I.. not sure what inhabited or populated would melln. lie stated that there needs to be discus.lon regarding I.imlting this to arells where there are bathars present or something of that nature as opposed to al.l of the beaches of the County that are on tho Gulf of M~xico. .Commissloner l1011anri stllt"d thl\t he Is concern"r'I with the places that are inland and will be elimlnatod from this ordinl\nce. County Attorney Fl\un"ers state" that If it Is not on tho C.ulf of Mexico, it is not ~overeri by this ordlnl\nc~. Co",mls.ioner "allan" sUIte,! th!!t he has "pen II lot of skier. or parasailers In the b^ys ^nd paanes ^nd thin will not cover thoBe people. County Attorney I'auntlers stilt'!" that the ma10r proble", with tryin,., to regulate inland areas is that there ^r~ areas that you would want to pflt'mlt boatll to nr>erate nt ful "r>e.." IInr'l if there is a blllnket prohibition, there are nroble",s. lie IItllted that If ther.. was a mftthod of identifyln,., arel\,. it coul" work, hut this would take Aome IItudy and could not be adrirftsseri this dllte. Mr. lIerb f."vlIge, IIrchi tect, I!tlltcd that he II! in favor of requlatlons hut not of another ordlnllnce. lie noted thllt areas could be set up for certl\in purposl!s I\nd this would protect the beaches for the people III well all hl\vlng ccrtl\ln I\rea8 for tholle peor>1e that lire In the business of parasllilin~, wl\ter IIkilnq, or boating. Tap. t 5 Mrs. Leon, r>C>uqla!l, resldr!nt of ~'"rco Island, stilted that she is in favor of this ordinanco, notlnq that she wa. Injurod lllst yellr from someone parasalling at Tigert!!il Reach. Mr. ~d Cooper, relident of Marco Island, stated thl\t he is in favor of the proposed ordInance. addln,., thl\t he did not come to Marco Island to invest a lot of money to he wftveri off the beach by people parasailin~ anð the heach people need thoir rights protecteð. Mr. .Toe C1r!",m, resident of C10lden (':ate, stated that he is not opposed to llmltlna power boat traffic on or near the beach, addln9 that he is concerned that any ordinance that miqht he I\dopted would he written In such a wl\Y that prohibits peroons from ~aininq access to IIny aoo~ 085 W,r 266 !'age 20 ,;,¡ 'I rt>:~¡;!W'jf~'i~ì(~j;L~~:'; 'Î·'~j¡.!", f:.':'.', 4\~'~_~,í'~"~ :_;: ,;~~~~~~~~~~~~~~r.'~!Qt"~1' ,:~.' .'" I 1', ,:..':'..1'1;,'" ".!; ", ~~ .. "~"""w".,.".,·""·".,,,,,.,,,,.,,-,,,.,-..;,.,.....,....,,.~,,,_...--..."".......""'"..._""""""~,...,"'_.""__."',~".._.,'"'.. "'" "'_'_"",""_",_~.:v..",,,,,,,,,,-.'''.,.'.,, H me 085 rl',I 267 January 15, 19R5 beache. in the County by boat. lie stated that because ~any beache. in Collier County ar~ only acce.nible by boat, he hope I that an ordinance will be adopt.d that preserve. the right ~f the citizen. of Collier County to une tholo beaches and to qet to them by boat. Mr, Mark ~ahr, relident of Marco I.l~nd, repre.entinq Marco Ialand Ski' Waterlport. .tated that hin company il alwayø concernod with lafety. Ae noted that safety is number one and his company has had zero accident I with parasailing. He noted that he is pres~ntly building a raft to handle all these operationß. Mr. David Meikle, resident of Marco Island, stated that he is in favor of this ordinance. He submitted pictures of beach activities (P:xhibit A, filec1 with the Clerk). County Attorney ~aunders stat~d that under ~ectlon 3, It Is IUIJ'Jested thAt th" fl rst IIcntl'ncl' h.. reworc1eð "" followß I "The operation of any vells<.», In t!'x~eIlS of 1,l)e "peed, In or on all wlltf'rs of the Gulf of H<.>xlco within thre" hunðrec1 feet (~nr feet) offllhore fro~ all slln~y b"...ches anc1 shorefront h...thln~ arell" lIc1jacent to Inhabited art'1I1I or popullltN' ¡HC"'II Is h~rchy prohlhited", He slated that thlll would he th" only ch...n~t' to the or<1lnllnce, II'! stated that thl1 ordlnllnce do.." not adc1resll the Inlllnd waters at all. Co~.ilsioner Halse moved. .econded by Commilsioner pi.tor and carried unani.oully, that the ordinance a. numbered and entitled below b. adopted a. revi.ed and entered into Ordinance Book No. 191 ORDINANCE 85-6 AN EMERCENCY ORDINANCE RELATING TO VESSEL CONTROL AND WATER SAFETY, PROVIDING FOR INTENT AND PURPOSE, PROVIDING DEFINITIONS, PROVIDING FOR THE PROHIBITION OF THE OPERATION OF VESSELS IN EXCESS OF ID!~ SPEED WITHIN A DESICNATED DISTANCE OFFSHORE FROM ALL BEACHES AND SHOREFRONT BATHING AREAS, PROVIDING THAT VESSEL SPEED SHALL NOT EXCEED REASONABLE SPEED UNDER EXISTING CONDITIONS, PROVIDING FOR ENFORCEMENTr PROVIDING FOR EXEMPTIONS, PROVIDING FOR PENALTIES, PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR DECLARATION OF EMERGENCY, AND PROVIDING AN EFFECTIVE DATE. Ite. .9 COUNTY ATTORN!Y DIRECTED TO PREPARE A RESOLUTION/ORDINANCE FOR A TAXINO DISTRICT FOR THE AREA KNOWN AS MARCO ISLAND, EXCLUSIVE OF GOODLAND FOR THE COMMUNITY CENTER AND TO AUTHORIZE A REFERENDUM TO PROVIDE FOR FUNDS TO ßUPPLEMENT THE EXISTING COUNTY BC~D FUND MONEY FOR THE CONSTRUCTION OF A COMMUNITY CENTER AND PARK FACILITIES AND THAT THE TAX DOES NOT EXCEED 1/4 MILL OVER A PERIOD OF 10 YEARS - (UNANIMOUS) Mr rrank Lðnqford. reprnaenting the Marco ]slan~ civic l'aÇle 21 .~ :::=J ~ "I, ~,v" ·.7~' ... ; . .~'. " .' . ~"- . - . . , -.-",~,",."-",""",,. "",,,,,'...._...,_.-<.,."'-..."',, ... "",_...,.,..,.,"',..",..,,"',,-,,;.,-..... ...."";-~.""".. ...... I"'r<¡ ....._~.-,~_...._.,....__. - - .. ,11'1nul'lry 1'1, l!"A~ A..ociation, .tated that Marco Island hat heen allocated from the bond fund the .um of S924,OOO for the construction of 1'1 cornrlete park facility, includIng a community center, He noted thl'lt 1'1 questionnaire wa. lIailed to ~'arco Island rectistered voters which resulted in 1,719 replies, adding that 9AI showed a first preference for 1'1 community center and ~7J for 1\ recrclltlonlll ~ark. He not~d thllt /I stuny hy the Marco I.lllnd Civic ^ssociation and parks comMittee in conjunction with the County's park conllultllnts revel'lled IIn estiMl'lted $2,70n,oon for the comprete facilIty, I'Iddlng that the presently I'Illocl'ltcd funda, after site prepArntion I'Inn Illnnscaplnq, provide enouqh money for only a sMall community center and no lidded r('creationl'll facilities. He stl'lted that tho Marco Jsll'lnd Civic ^slIocil'ltion petitions the nonrd of County Commissioners to direct the County Attorney to draft /'In ordinllnce for 1'1 taxing dl.trict for the IIren known 1111 Mnrco 11111'1no nxcluaivc of Goodland and to lIuthor ¡?e II rl! fer('ndum to provldn the fund" for lhe money required over the hon'! fund IIlloctltion for the conlltructlon of 1'1 pllrk, Includlnq " compl"te co",munity centf!r, indoor I'Ind outdoor youth and adult recrelltion"l fllcilltiea: ,,1110, th1lt thp. ttlX not e"CN'( one-~ullrter mill for Pl'lch of ~ yel'lrll "nd the nlection to he held on MIlY 14, l<)~<¡. He noted thl'lt he fllrth"'r 1181</1 thl'lt the County horrOl~ lIuch ~oney to complete the project as lIoon "11 pOllllihle "nd thllt the County Attorney hold II workshop to work out the detllils of the oldinl'lnce linn that the operation of tho f1lcility he overllepn hy tin IIdviaory committee .electtld from lIuch groupa "11 the "'"rco Jllllln-1 Civic ASllociation, ~1arco I.land Taxpayers ^SIlOcilltion, the Rotllry Cluh, Women'n Cluh, nnd other like representative civic minded groups. He stilted thllt the qenerlll pllrks progrl'lm for the rest of the County Is well underway, hut for various reasons Marco Islllnd is very far hehinn. He stl'lted thllt the Mllrco I.land Parka Advisory noard hils been hOlding ~eetinqs preparatory to advising the County Pl'lrks , Recrelltion ROIlf<1. lie noted that in order to lave time, Marco Islnnd CivIc ^ssoclntlon wlshen to take a parallel course to provld~ the needed fln"ncinQ for the complete pnrk an~ community center progrllm. lidding thllt it has heen discussed with various County people IInd they 1'111 a~ree that this IIpprollch should he taken. He stilted thllt he wishes to provide any input to the preparation of the ordinance that may be helpful. Commllnloner Voss questioned if Mr. [.lInqford would he wlllinq to ~~it for the referendum for a yellr from ~epte",ber, to which Mr. U.llqford replied neql'ltively, 111'1 it would put the parks prOQr",,, that ~oo~ 085 w.! 268 I'IIQe 22 'IOO( 085 W,! 269 J~nuary l5, 1~A5 .uch further behind. Coamissionervols stated that it costs about Slo,Oon for a special election, and then questioned whether this money could come out of the parkl fund, to which Piscal Officer ailes replied that it could not co~e nut of the parks fund becauae if the referendum faill then there would be a proble~ becauae the money wal not contributed toward the conatruction of a park aite, adding that it would have to come out of the C.eneral Fund. Commiasioner Holland Itated that if the people of Marco Island are willing to accept an additional tax burden to raise the needed money to build the complete facility, it in jufttiflahle to him to authorize the referendum. Mr. Langford stated that the poll that was taken Indicated that there would be an extra amount of money that would need to be raiaed and the preference waa for the ref~ren~u~. Mr. O.ne Hunter of Marco Island Civic ^snoclation stated that if tho ~oney that is available now Is used, It would be Inefficient use of the money hecaule no onr would be satisfied with the facility when it wal compl,.t"". Tap. '6 Mr. Hunter stated that h~ in for tho rcferendu~ and Is liMply sayIng that If the referendum In poatponeð more than the ~ln,nnn for the COlt of the election woul" be wasted. Commissioner PIltor atated that he lø concerned wllh tho 1/4 mill for ten yearl, notlnq that tho money could be paid back In q years posablly and he would like the referendum question stated to indicate such. Mr. Hunter stated thllt thr. construction costs /'Ire estll'latfls and there ia no knowled~e at this point aft to how Much It will cost the County to borrow the money ~ue to the flexlhlllty of the Intereat ratl!s. III! stated that he reeh that thr. fllltlmatod $].n million is 'a good .stlmllte for tho adt1lt1onlll money thl!t will be neoded. County ^ttorney Raundl!rs state~ that he woul~ sU9gest that If a resolution or ordinance ill ftpproved, that the County ^ttornoy be given enough flexibility to effectul!te thia referendum and that there be enough flexibility to be assured that there is sufficient funding for th_ project in the coming months. lie atated that the voters are 90in9 to h3Y~ to b~ given some idea of how much money is qoin~ to be raiaed. He 8tated th~t he ne~ds enouryh flexibility to achieve the oh~ectiv_. Pact- 23 ~~,;~~J ~ fi:,~1,: ..".,,---~~.>{,,!o '.~, ~~-.'\ ~:.,t.,.~ ~'f~~l ,{" ~ J'~ <~;::~~~.t ',-.;.-,.. ",:/; "-":,:~,~,,,, .~. ¡;.1~;$;~ _'_'_'"'~""_">_"'''~Ö''.''"'''''-'''M·''''''''''<'' -."'"'_..____...,".."".~<.""...",.".<'..,"'.,.,.,'<".",.~ '''··_~'''''.·'A>··''_'''''''''·._''''''-<'~_··'·''"''''i''''''~'''''''''-'_._-''''''''''''''"''''-'"''''''"...,,,,,,-.,,,,,__ , .,:1 .,' ..."'<I' >"..':~ ," ¡;~~: .)~, ';/;~5 .. ; ~ift ,;:~ :"....~ ~ " '''/0 ...!'~, .. - - Janunry l~, 19"5 Commislioner pistor Itated that the referendum il to be scheduled for May 14, 19~5, noting that by that time, thero will he n much better idea of the actual cost. He stat.d that in the final resolution for the roferendum, the amount could be included. County Attorney Rnunder. stated that he would scheðule a workshop thnt has been rO<1uostod hy Mr. Ll\nqford nnd try nnr1 com" up with t.h" ballot question and hrinn it hnck to the nce for npproval. Commissioner pistor moved, seconded by Commiasioner Holland and carr~ed unanimously, that the County Attorney be directed to prepare a re.olution/ordinance for a taxing di.trict for the area known a. Marco Ialand, exclu.ive of Goodland for the community center and to authorize a referendu. to proviðe for fund. to aupplement the exieting County bond fund money for the construction of a community center and park facilitie. and that the t.ax does not exceed 1/4 mill over a period of 10 years. It.. 110 COUNTY ATTORNEY DIRECTED TO PREPARE A RESOLUTION AMENDING THE RESOLUTION REGARDING ZONING ENFORCEMENT TO GIVE BROADER ENFORCEMENT AUTHORITY REGARDING TRAVEL TRAILERS IN THE ESTATES Commissioner VORS øtðt~d that therp. has h~cn a ')uhllr. petition from people in r,old~n r.ate for the p.liMination of permitR to allow people to live In trailers or temporary hOMeR while thpir homes are under construction. The fOllowinC' peopie spoke anðinRt travel trailers or mohile homes to be utilized aR teMPor~ry r~sidcnces while permanent homes aro under construction, citing lack of enforcement of the ordinance, property devaluation. discriMination hecausc Colden Coate Postates is the only area that allows travel trailerR and Mobile homes for temporary residences, Joe Grimm Lynda Hlttinqer Winston Barger Georgo Ke 11 er 5310 4th Ave. S.W. 2175 Wilson Blvd. 3A'5 Ath Ave. R.E. 353ñ ,qth Ave. R.W. Mrs. Nancy Bishee, 2400 White Rlvd. stated that the ordinance is thore to enforce and the travel trailers should be allowed, hut when the home has the Certificate of Occupancy. the travel trailer should be vacated. The following people spoke In favor of allow!n., the travel trailers to remain In Goldcn Gate F.states to be used ae temporary ~ no id.oo.. do, i o. 000" '"0 H:;"O f085'::,"îW' ho.. i 0 0"" '0 P::::o:. .~ 085 r~~r 271 January 15, I~A5 property and equlp~ent, due to the remoteness of the area, due to the fact that a petition was ligned by Golden Gate Estates residentl indicating that they wanted travel trailerl to remain, and due to the hardlhip it would create for lome people if they could not live on the property while building their home. Milt. !:verett Thayer Everett Thayer Shannon ....nderllon Ponald f'erld ns Patty Highlands Tape '7 3945 ~. F.. 14th ....ve. 3945 ~. F.. l~th Ave. 4475 N. F.. 12th Ave. 762A 47th Ave. N.!. 360 N. E. 10th Ave. Mr. Georqe Keller of ðolden aate F.lltateø, stated that he would Ilk. to see an ordinance considered that would hav~ a time limit of six months, II performance bond, and no extensions after the time limit, adding that the ordlnanc~ could then he enforced. County Mnnn-:cr [,us\( reported thllt enforceme!nt hils heen the problem, nddinq that one of the thln~1I lhnt has heen discussed Is getling a Special Act where a dlffert!nt type of enforcement could be done, such as cHin<1 people directly to court. lie statl!<'I that this has been rese~rched and during the! research It was found that the authority exists by .imply ilmendin<1 a resolution thnt exists. lie stnted that this would give the !nsp~ctors the nhllity to cite directly to the court which would mean the person would hllve to arpear In cou~t within the next woele. "" stated thnt the r'!solut ion nONIII to be amended to have the enforcement nbillty and In six monthn It can be hrought bnck to the ncc to see if the complaints have hoon improved. County Attorney 5aunders stntod that tho rroble!n with qolng with a perform.,nce bond in that a lot of financlL11 institutions would not even consider this type of Inllurðnce. lie noteò thllt thif! is not a vinble alternative for the averaae person. Community nevolopmont Administrator Vlrta stilted that thin ill a resolution, addlna that If he is nlven the authority to nmend thill resolution, it woulò be done 1111 a two phalle rroPollnl, one is to change th~ clt~tion form~t which would simnllfy the proce~ure to net people into court, anò the sccond would hp a lon~cr ranne propoeal w~lch would be to use the huilòin0 inspectorR ns hack-up Invelltlantors hecause they cover the County anò by delli~nlltlng them as zoninq investiqntors and building inspectors, they woul<'l all10 have thr citation power as well. Commissioner r.oodnlqht stated thnt she would qO along with the recommendation, hut she wants Staff to know t~ðt within six months, there has to he somcthin~ òone and not jURt in roolden aate, adding that ~ ___...J c:J :~ --- ,;t,,;~!:: - t:.,:~ T'a~e 2~ .. .. - .. ,January 15, l<'lRS if .omething i. going to he done, it is ~oina to he done throughout the County. Com~i..ioner Vos. stated that whatever procedure there ha. been ha. not wor~ed and if in a resonable time, this new procedure wor~s, the matter will he resolved, otherwise, there is no alternative hut to eliminate the trailers altogether. Mrs. Patty "iqhlan~., Jfin N. ~. 10th Ave., statad that if there ift to be consistency it should be county-wide. ~he noted that there should he conftisten~y as far as the power company is concerned, addina that she had to have a slab poured, a septic system and well installed, befo~e the power company would qive her temporary power. She indicated that her permit for her temporary residency will run out March 1, and she will not he ready to move into her house at lhat time. Commissioner Hass. moved, seconded by Commissioner Holland and carried unanimously, that the County Attorney be directed to prepare a resolution amending the Resolution regarding zoning enforcement to give broader .nforcement authority regarding travel trailere in the Estates. It.. 111 RESOLUTION 05-9 AUTHORIZItlG THE COLLIER COUNTY HOUSING P'INANCE AUTHORITY TO ENTER INTO .a.N INTERLOCAL AGREEMENT WITH THE LEE COUNTY HOUSING P'INANCC AUTHORITY AUTHORIZING THE ISSUANCE OP' SINGLE P'.a.MILY MORTGAGE REVENUE BONDS P'OR USE IN COLLIER COUNTY - ADOPTED (')onald Plc\(worth. Attorney. representintJ the Housin" Plnllnce Authority of Collier County, stated that this resolution lIuthorizes the Collier County Ilousinn flnan~e Authority to enter into an interloclIl agreement with the Lee County I10usinq Plnllnc", Authority so that Lee County can issue !lin"le (amily mort'1/HJc revenue bonch for use In Collier County. He stated that this is the same aft the resolution that was entered into with Leon County last fail. Comaissioner Plstor moved, seconded by Commissioner Holland and carried unanimously. that Resolution 85-9 authorizing the Colli.r County Hou.ing P'inance Authority to .nt.r into an Int.rlocal agr....nt with the Le. County Housing P'inance Authority authorizing the is.uance of .ingle family revenue bonds for use in Collier County be edopted. eoo~ 085 pj',c 272 Pace 26 085,.-;r275 January lS, 1905 Ite. 112 ..... Rece... l2.40 P.M. - Reconvened. 2.00 P.M. It which tl.e Deputy Clerk Skinner r.placed Deputy Clerk ~enyon. ..... PITITION TR-85-1C, DONALD PER~INS, REQUESTING EXTENSION or A TEMPORARY RESIDENCI - CONTINUED TO 3/19/85 Community Development ~minlstrator Virta laid that this Potition v.s filed by Donald Perkinl requ.stlnq a ..cond temporary residence permit to utillle A trAvel trailer durinq con.tructio~ of hie principii resldencl on the ",es;: lOSt of Tract 75, Unit 61, in Colden CiDt. £atates. II' said that Mr. Perkins r.c.iv.d I temporllry residvncI pwr- mit and was qranted an extensl~n by the County ~nd hiø time ran out and he was red-~.a9geð by the Zoning o..purtment investlgutors. lie laid that Mr. Perkins indicated to the Zrynin1 Department that he was going to fight this action IIno he rutalned legal counsel who contacted thu State Attorney's officI. lie said that the Stato Attorney's offlco asked that Mr. Perkins' file be turnea over tt) thcm and that the County cease any additional contacts with the p~lltlonQr until the matter could be adjudlcat~o. Ho slll~ that ~r. Ÿ~r~lnl w~nt bctorc tne Judge on l2/1d/S4 ano was given )0 OdYS to ootain a permit or to close up the traIler ~nd bacome lvg~l. H~ sùlu that ~teff haB reviewed this matter Ind, based upon past policy of this ~oùrd, must recommend that this raquest be denlod. Mr. Vlrta sbld that the petitioner has submitted Information citIng hardships In this matter In that there was a period of time when hi operated off an electrical qcnerator becaus~ of thi fðl1ure of tlorlda Power to tlxtend pow~r t~ his propurty, and that he has con- tendeQ n~ h~ø made a goo~ faIth Qff~rt to completv the home. Mr. Vlrta distrIbuted plcturos, Exhiblts A-D, oeplctlng the nt)use at the time the plltltlon was fl1..d,· approxlm.!ltcly tnrclr we~k.. ago, ana the ðforemenL tioned gonerator. County I,ttorncy !:>auncers .!Isked \ohðt tIll conoltlon /'If th.., property 15 at the present tIme and Mr. Vlrtð sale thal tnc uxtPrlor of the home is nearly closed In and that the l/J8t time he spoke with Mr. perklns, he indicated tnat ~. was ready for his rough eltctrlcal end would begin to drywall, et that point. He selo tnat Mr. ~.rklns anticipated that the completion date of the ho~~ would be In February, 19S5. He said that tn~ reo-tag was i5su~o In July, 19C4, Dnó that h~ has beon making ateHáy progr~ss aincv that time. He said thot Mr. Parkins is doing the - ( ~~::~j t:.::1 ~¡;"..~:',-'~ ,-,' ,~~;"; ~¡.~";':' .~' ·t;~ :0·J:~1~:'-,. -:: \I~ '$~~fJ,'~"~} ~' ,f -..':,':', ;f~ i~; i,/:r. ~!W";'.<';;""~' .J., " '." . ,',;,,~ \¡ .. ~t"';¡, tj!~~fmJJ:~'!~1,;·:,~I.~..',,,: V; ~''';~7~~'~~';';}.:> ~("? ',":" . ~}~',"i'd~ ,f: ,.,.._,,,,,._,.,.,~.,,.",,,,.,.,.._,-,,,~_..-..,,,,,,,,~...__._.,,. Page 27 ~ ~ ",; - ... I!:l:I Janucry 15, 1985 worK on a ·pay-as-you-qo· basis which hal further slowed the process. Relpondinq· to ~r. Saunders, Mr. VIrtù laId that the exttnuat1nq circumstances that led to hIs not completIng the house on time were personal finances And the fact that he had to operate from tomporary powtr"at one poInt. He sAId that the petitioner does hAve electrical pow. r now. CommIssioner Holland poInted out thAt thIs Is thu secon~ tIme, thIs date, that remarks have been made that power has not been Avail- able in this area, and he as~ed If there was any way that thv Staff could obtain, from the power company, an approxImate date or commitment when power will be Available whvn the temporary permits are Issued and Mr. Virta said that there Is no requiremcnt In the code that there be po....er to the site for A permit to be Issued. Mr. t.usk said th..t this might be a problem slnc. tne power company may not wAnt to mAke that co~mltment becduse If they CAnnot mAke the dðtu soma libðblllty may be placed on tne powor company. Tape 18 Mr. !>aunders said that hw did not think tl111 pO""IIr cOC1pany ...-ould commit to .nytnln~ and that thuy will proviae powvr whon everythIng II cOft'.plete lAnd powe r can be provic.Jeo. Ite s., id thc.t. the only tiling that the company may commIt t.o Is to provide pOwer to property as quickly as possIble. He suggest.ed that thll Commlstion mllY want to consider that lhe time period begins from the date that power Is obtaIned If the petitioner Is using good faith ef(ofts t.o acquire power. lie suggestlld tnat the board has two choices whIch are to grant tne new permIt, which is inconsistllnt with what th~ County Is attempting to do In t~rms of dealln3 with trailers in this part of tne Countï, or to deny the ruquest and then the petltlon£r is fAced wIth a Court. Order to Vðcatv the property. He s.,ld tnat a possible resolution mignt be to continue this itom for two or three WIH!kS tt) see wh"t happens In terms C'f completing the structure and he saie he suspected tliAt the Court would go along with thiti oIctlon, slncw thlj I:!oùrc W':!uld not bll taking the ~osltit)n to gr~nt an addltit)nal p~rmlt but rðtner ~ould be looking at tne particular circumst...nces and givinq Mr. Pllrklns ð "break· for a couple of weeks. Mr. c"nald Perkins, petItioner, saId that two months ill the least amount of tIme that hi needs to finIsh his homu. Hu saId that he did not rucvIve powvr until B/G/84 and th~t hiD permit was issued on 7/14/83 and he w~s handIcappea All that tIme wIthout the power. He aonY, ~~rJ~1 ~jrl) Pa<]II, 29 I·'~ ; .!.~~*}; 085 P1',¡ 277 January IS, 1110! ., . ..id that he made numvrouI effortl to obt.ain the pOwer and that h. recvived promisel but nothing came through. He cxpl~invd that ho had to PlY $400 for Ipecial cable for th. 280' from his temporary pole to where hil hou.e Itandl in ordcr to work 'becau.e the company did not wlnt to put up a pole by the hou.e. ~e.ponding to Commislioner Pi.tor, Mr. Perkins said that the telephone company wont just under 1/2 mile to hi. property and pl.ced tho fixture. on the pole for the electric company and III the electric company would have hod to do would be to bring in the wire .nd a tran.former. He laid that L. A. Estate Realty put a .tatement on his papers, when he purchased the proporty, that utilities were available, but he did. not receive lhcm for on. year and one month. Co..i..ioner H.... mov.d, .econded by Conai.lion.r Coodnight Ind carried unanimou.ly, that Petition TR-85-lC be continu.d until 3/5/85. Mr. Sounders suggested It might be bettor to glvo Mr. Perkins the time he .ays he needs and If he is not finished, at that point in timø, he would be In violation of the Court Oroer rather than having this potltlon returned In six weeks to give a project report. Co.-i..loner Ha..e a.ended hll motion to continue the petition until 3/19/85, Com.ilsioner Coodnlght amended her lecond to that time, and the motion carried unanl.ously. Mr. b3undors statea that he woulc contact thO State's Attorner who prosecuted this Cbse dnd ~dvise h1m that thu board has g:ven Mr. Perk1ns until 3/19/65, and he Ba1d he would roqucst that the Court Order be ext~nded from th~ 30 day period to includ~ 3/1~/e5, and If the house 11 not comploteo at the end of that period, Mr. Ptrkins wIll be in vlol^tlon of th~t Court Orc:r ond thero would be no need for any a=tlon by tho Uoard, at that point. Ite. 113 RESOLUTION 85-10 RE ACREEMENT BETWEEN COLLIER COUNTY AND FLORIDA DEPT. or TRANSPORTATION FOR S.R. 951 IMPROVEMENTS - ADOPTED Transport~tlon Dircctor hrchlb~lu expl~lned tn~t thlS agreement betwven Col11er County and the tlorlda Department of ~ransportation and 1s on~ of II r,u:nbcr of stef.:; net.ceCJ tt)W¡! rd the íutur, iour-lan1ng of S.k. ~51. He said that tne agreement la roqulred by the State to ensure commItment on their part and by the County. He reviewed the follol/lng four comml trr,ents: 1. ~h~ ~t~te will Undtrtðke thti dtis1gn of th~ roðcway along with tnc preparation of rIght-of-way mûps which will be done at bt~td exµcnSt but on a rcimbursable basl& If the project Is Page 29 =:J c:::J Œ::J ,''; , '; :r."Z~¡:~ J;:\;~ '~~~", ,.1)', i"f.', '\", ", '7,:" .", .')" '\'''·'r.'é~~\I.:\'''~'!f'''''''''''' ,"8;·· " .,,; .:,~;':t\':\!:.'êr:;~" ..... 0, ,0 ~..... . -'. --"--,,""- .. I!!II .. January 15, l~B5 funded by future bond.. 2. Tho County's commitment to acquire the right-of-way on a reimburs~ble basi. .hould the project be financed by bonds. 3. The County pledge. a portion of its surplus gas tax to fund the project long-torm, if tho Board finds it is feasible to undertake the project as a revonue roadway. 4. Tho Stato's commitmont to operJte this facility as a toll road on a rcimbursdble basis if th~ projoct is financed ðS a bond pro~rllm. Responding tt) COffi~ission~r Voss, ~r. Archibald atat~à that It Is outltned in the agr.ement that the County will pledgo th~ surplus con- stitutIonal ga. tax, the 5th ßnd 6th cent gas tax, towllrd J bond or revenue project in excess of the toll. CommiøsionQr Voss statod, when h~ anù Commls~loner Plstor discus- sed this Item In Tallahass.e, thðt they ~~ro told tho State had t.o have this resolution and thdt once It WdS rl!coved, lhe State would start the engineering rt)r this project. CODmls.10ner Pi.tor moved, .econded by CODDis.ioner Coodnight, that Resolution 85-10 regardIng the agreement between Collier County and the Florida DOT for S.R. 951 improvements be adopted. Commlss10n.r hassI! as~ed If this meant that the toll will be $1.00 for a round-trip tt) ,~rco lsldnd, Jnd Co~mBsoner Voss said that thv amount ha. not yet been d~termined. Mr. Archibald sllld that the State has saId once the design Is completd, In aPFroximatp.ly ton or twelve mt)nths. tne State wlil be able to m~~e ð more detailed analysi. of the proposed construction C()¡¡ts and will bl! IIblo to tell th.. County what the tolls will be to ~upport the proj~ct. Hesponding to Commissioner Hasse, Mr. Archlbo11d said this projl!ct will Include four-lanlng the road from U. S. 41 south to the Marco River Bridge. Upon call for the que.tion, the motion carried unanimously. Comml..it)ner Plstor asked If there is a Svt of drawings for this project to which an .arllur speaker had referred, and Mr. Archibald said therv was not, however, there has been a lot of pralimlnary englnoerlng work completed and, when the designers are given the Notice to Proceed, they will have a good idea what the right-of-way wIll be and wha~ certain sections wIll be. He said thDt the previous speaker may have been referring to drawings done as part of the £.1.5. fo~ this project. BOOK 085 'at.! 2.18 Page 30 ""_",________~'...""'...,._._'.__'''__.___, ,·_...ü.";~___~""_,,,,,,,,_~"_,,,,_ A ,....",-"'~"..,'"._..",',.;.._.._~-",.,_..."""",_..,,-"'"'''"'.,,-''''~.,'-'~"., January l~, 1985 ATTEW~MCI or TWO IMS IMPLOYEES TO AM EMS VEHICLE COURSE TO BECOM! CERTIrIED INSTRUCTORS - APPROVED Public Servico. ^dminlstrator Norton said thIs Item Is necoI.ary due to . recent change In florida Statutes requiring anyone who drive. an ambulance to attend a lG hour emorgancy v~chlcle opcrütor£ course. He .aid that the two EMS employees who take the cour.e will becomo certified to teach this cour.e to th~ remaining CounlY EMS employees. Co.-i..ion.r H.... .oveð, .econðeð by Co..i.aioner Pi.tor anð carried unani.ou.ly, that the att.ndance of two EMS ..ployee. at an EMS ...rg.ncy vehicl. oper.tor. cour.. to beco~e certified instructor. b. approved. Ite. 116 AUTHORIZATION TO HIRE OUTSIDE SEARCH ASSISTANCE TO SELECT A BUDGET DIRECTOR, IF NEEDED - APPROVED County M4nag~r LUIK report.d thot flv~ or alx people Dre going to t'e Intervle...."d on l/lC/8~, for th" EJudqet Director ¡Jocltlon and that he hope. thdt a qU/lllf leo purson will be !{'~no. I'" pro~os"d, if thl. should not occur, the use of an outside comp]ny who are exports In findIng pllop1. for positions such liS t.his one. lie aB"..d for authoriza- tion for this assistance If no onu I. found during the aforemontloned IntervIews. Co_lasloner Plstor lIov.d, .econded by COlllllili.loner Ha..e and carried unðnl.ou.ly, that authoriz.tion to hire outalde ..arch ...i.- tance to aelect a Budget Director, if needed, be approved. Ite. 11 7 ROUTINE BILLS - APPROVED FOR PAYMENT CHECK DESCRIPTION CHECK NO. . AMOUNT Vendor 123525 - 123762 8917 - 9496 $1,025,037.91 $ 257,387.17 BCC Payroll Ite. 118 BUDGET AMENDMENTS 8S-l4l , 142 - ADOPTED Co.-ia.ioner Pi.tor lIov.d, aeconded by COlllllli..ioner Ha... and carri.d unanillou.ly, that Budget Am.nd.ent. 85-141 and 142 re .alari.. for correctional officer. b. adopted. . Page 32 ----. --l c:::I r-:-:"'i ~ ; :~'"'7~~:"t' .ì.:Ai\!"':fl~I' . ·4,,·~, f4-,. ':Jo;t""~""'- ,.,.'·v(,~'t\ ,J;:;.".. .tw- . ','~ '" \'~f~', ;:~,::': ", '~'1:t' ""\h'-~~.~.." 'f'. '.;~ ,:;~.:-t~.-{ ... . '-.~-... .-.... ;-, :":,.. ,: ,':; '.: ~':, ..~"'!~"" . ;1.:<". . .,-.:. ,-,. ,"" . , ,"~'__"'"._"-" _~_"___..m ~.......,..--.",~-~-",",.-..""--,..,...--.,,,-,,.~,,,,-,^, '., ... ... It"I January 15, 19B5 It.. 119 RISOLUTXOM 85-l2 AUTHORIZING TRANSPORTATION DIRECTOR TO PROCEED WITH IMSTALLATIOM or SCHOOL LICHT SIGNALIZATION AT GOLDEN GATE PARKWAY AND SUNSHINI BOULEVARD - ADOPTED Commi.sioner Holland said this reques~ has been made by numerous people In the Golden Gate aroa and concerns ôI warning y~llow flashing traffic light at Goldon Gato Parkway and Sunshin~ ~~ulevard, ~hich Mr. Archibald h~. salr. ~ould possibly be placed on th~ 3houlder of the r~ad instead of ovorhead, at le.s cost. tie s,sld the liqht I. a safoty factor for school children crosslng Gt)lden Gdte p~rkwdY at this intersection. Mr. ^rcnlb~ld said that tne cost will bu conslderAbiy loss than the $12,000, If it Is a sht)uldcr l1qht. Commlssl~nQr Holland ~ðld that It Is his undarstanal~~ that the school crossIng guard would have the ability to switcn the light on ~nd off and he added that simIlar lights have worked quite satisfactorily In other areas in the County. Mr. Davll: l.auster said that this Is a very dangerous Interso!ctlon and h~ recommended approval of the request. Co.-lasioner Holland moved, seconded by Co..iasioner Hasse and carried unani.oualy, that Reaolu~ion 85-12, authorizing the Tranaporta- tion Director to proceed with the inatallation of school light .ignali- zation at Colden Cate Parkway end Sunahine Boulevard, be adopted. Commissioner Hasso asked Mr. Archi~^ld If any progress has beon made regarding the traffic light on the corner of Santð Bdrbara Boulevard ..nd Colden Gate Parkway and Mr. Archibald aald that some of tho preliminary planning has bean done. He said th~t he plans to brIng his five year work plan before the board at the 2/5/85 meetln1 which will specify some of these projects and thuir tlmefrdmß.. lOOK 085 w,r 298 paga 33 "..,,,,,,.>-,,,,,,,,,_.~.".,,.,,",--'''''*-'---'' ..-",.---'" __......_~"'M."''' ~ ",. ~'"""~-"-~--"'~'-"-"'-'""'~"'---',"'-~--"'-- IIIRI ... II.'ft Commlssionor Voss said that during Commissioner pistor's absence someone needs to be d.signated as an Interim Vlce-Cnairman. lie pro- posed that the following SCh.dule be con5id~redl Commissioner Hasse to be Vlcø-Cnairman 1/21 thro~~h 2/221 Commlss1oner Ht)lland from 2/25 through 3/221 and Commlsslonvr Goodnight from 3/25 through 5/3/85, whlcn would result In each Commlssloner b~lng rvcponsible for two ~oord meetlngs, In tne event of his absanco. Comai..ioner vo.. moved, seconded by ComDis.ioner Holland and carried unaniaously, that the above schedule regarding an Interim Vice-Chairman b. approved. It.. 121 January l5, 1985 It.. 120 INTERIM VICE-CHAIRMAN TERMS rOR COMMISSIONER BASSE, 1/2l THROUGH 2/22, COMMISSIONER HOLLAND, 2/25 THROUGH 3/22, AND COMMISSIONER GOODNIGHT, 3/25 THROUGH 5/3/85 - APPROVED RESOLUTION 85-13 URGING STATE TO RECONSIDER PRIORITY LIST AND ADVANCE BAREFOOT BEAaH HICHER ON THAT LIST - ADOPTED Commlss1oner VO.s 11410 that Commissioner P1stor and he t,.1lked I/lth Dr. D~Crove In Tallahassee about thc problem of trying to get the Stote to purchase the Uar~ft)ot ~eðch property from th~ north end of th, pro- perty that the State now Olons, '.-hlch gt)"5 from 1i1"glns Pails norLh, approximately one milo, up to whore L~iy has developed Barofont Beach, a d1stance of approximately another mile. he said that t1ed Into thIs matter Is the 600' of public beach which 15 at tho north end of thu Lely property which the County currently t)wns and about which there has been discussion of giving that up in part of a trad~ t·,r a golf course. lie said It was hI. opinion that the County should not give up that bøach unl.ss the Barefoot Beach property, to the south, could be obtained, adding that two miles of lovely beach is bettor than GOO' at the north end of that area. lie said that he and Commissioner Plstor were told of varlou~ thlnqs the County had to do, one of whIch wal to obtain e letter from the owner, Lely, that they are a wIlling seller and the County has received that. He said the second ltem ls this prop"'sed resolutlon from the CommIssion to the effect that tho Commis- sIon urges the State to take another look at Barefoot Beach and try to get the Item ~dvanced on the prIorIty lIst. Co.al.sloner Voss aoved, seconded by Co.-l.sioner Pistor and carried un.niaously, th.t Resolution 85-13 be adopted. ROO~ 085 w,r300 Paql 34 . ", ~\ I ,_.,-",-""...,,,=-,,.,.,-,,.,...~~. .. l1li It.. 122 .. January IS, 1985 PETITION SMR-84-1SC, JIMMY R. ADKINS, PROJECT MAMACER, VINEYARD'S DIVlLOPMIMT REQUISTING STRIIT NAMI APPROVAL rOR VINEYARD'S BOULEVARD WITHDRAWN rROM AGENDA, NO ACTION TAKEN Mr. David W. Lauster, repre.entinq NTC propertiu. end ATI of Naple.; .ald that the p.tltioner i. roque.tlng that tb_ Comml..lon con.ld.r namin~ a portlon of Goldon Cat. blvd. Vin.yard's uoulovard. He explain.d that tno òllvelopor has <I long t'Hm dovelo¡..m..nt coming b.for. the Ct)mmi..lon wlthln the next two monlhs to be called Vino~..rd" I'UD. H. saId th:.t 4Pl'rolCim.:Jt.ly throtl ml105 of thIs d.velopment will (.:Ic. Coldon Cato Blvo. Comml..10ner Voss aSk.d why there Is /I nerd to make thIs chango if the dovolOfA1'"nt Is not underw/lY !nd I".r. LðlJstl.'r uld that the plan i. to develop tne Uti. In ¡¡h...ell ðnd tld. 8IIcllon will be o'.tvcloped wi thin the flr.t two pha.... Comml.s10ner pl.lor a.ked If th~ dtlvoiopur would be wlllln~ to contrlbut. to the conlltructlt)n of this Boulovard and "'Ir. Lauster sðld h. was not In a po.ltion to .pedk to that ls.ue. CommIssioner Plstor ~u..tlon.d thtl wl.dom of breaKing tn~ ro~d Into sections to be glvon dlffer.nt r...me., .Ince thll1 would not be con.lutent ··dth tho County's 10ng-ran~. plannlng. Comml..ionor' V?II ..xpro..lld lhe opinion th..t thll Board should walt untll th~ Vineyard'. I'UD i. con.ldered, to which Comml..loner Ha..e concurred. Co..l..ioner Has.e aoved, .econd.d by Comai..loner Pi.tor, th.t Petition SNR-84-l5C, Ji~y R. Adkln., be h.ld in ab.y.nce. County Attorney 5dunder. ..10 it would be best if tnls ltem were taken off the agenda and not tAke any ðctlon on the reque.t at this tlm.. Comai..ioner H.... a..nded hi. aotion, Coaal..ioner Pi.tor a.ended hi. .econd and it carried un.niaou.ly, th.t P.tition SNR-84-1SC be withdrawn froa the agenda and that no action be taken. ...Th. followin9 it.a. were approved and/or .dopted under the Con.ent Agende by aotion of Co..i..ioner Pi.tor, .econded by Co..i..ion.r Goodn19ht and carri.d unani.ou.ly.··· It.. 123 DONATION or SURPLUS orrICE EQUIPMENT TO THE PRIVATE INDUSTRY COUNCIL tOIK 085 'l~r 302 M···¡,:-'Nt~·, ,"-Ie. 'j " .',;l_:;,IA. "(4!-,""," ,;, .',j1:;»r.'tf:"'''' ...,~' . :\'ì~·t:",I.', '"j I' .,. ..'1..;,:>; i?Yf.,;a~,~~{~:.:: .....).~.. .~. -I~'f'j;; ~,:j\.'f;"'¡'¡' "(d' A·:~;.\~·: ~F:,r~:: " :. .._,,.....__..........._ro.'..._"_·. pago 35 ...,,-~---"'.......,,"'".."''''''-.~,. ~~........~,,_'",......~'..»""""<...'_...A·'~~___ - .. .. I~ 1'\ " .'., ~:; . January 15, 1935 ·~;.,t~:',,~: ' ~~l~~;"" the Clerk, bids were received {or aid '780, tor stockpil1n1 and burning f¡~"'" .,. pre;v10usly cleared tres. and groundc:over within C"ltlen Cate Boulevard f~~":';~'t19ht-of-way, end to'r Bid 1781, for partial cluring, stockpiling and '''~"f:''_'' . ~~::·~.¡.op.n burning ot tre.. and qroundcnver within Pine Ridq. Road ,'(,0. ··right-of-way, until 2.30 P./'1., Decembor 19, 1984. ':\¡i 7;. . a.. 131 LAKI TRArrORD MEMORIAL CARDENS CEMETIRY DEED NO. 409 !ol. pag e ~ .;l " It.. 13~ PINAL ACCEPTANCE or VARIOUS STREETS IN COLDEN CATE SUBDIVISION Unit 4, Part 1 ~nd Unit 2, Part 1 S.nt.l ßarbjlroll uoulovoIIrd from Croen C,;¡nal to Cre.n e"ulevoIIrd l~th Plollce ~~ from Sjlnta ßnrbar4 Boulevard to tho East lot lIne of L"t 10, ulocK I~Y. Including cul-ae-sac 52nd Terrace S~ from 15th Place SW to Creen Boulevard Sunshine ßoulev~rd tro~ Creon C.:In.l to Crnen Ð"ulev~rd 16th Place so. from Zunshlne Joul evard t" East It)t Une of Lot 8, IIlock 67, includ In.. cui-dQ-""c 43rd Lano 51\ from IGth l'i4c J :.." to Cr"lIn 110 u 1 . v a r d Ust Lllnu s.... f rt)m l(,th PI..::" S~ to Gruen boulevard 40th Terrace SW from 18th Avenuu S.. to Creen lIoultvard 16th Plac~ S~ from thv ~.t ryht-OC-w~y of 43rJ Lane sw to tho rl~ht-of-way line of 40th Torrace So. Unit ~, Part 2 27lh Court SI\ bet~.en 44th Stroet SW and P~r One OWnershl~ Ite. 133 AftIXDKIXT NO. 3 TO ACREtMCMT WITH DELTONA/MI^"I NATIONAL BANI rOR CONSTRUCTION , MAINTENANCI or SUBDIVISION IMPROVEMENT AND IMPROVEMINT ESCROW ACREEMENT rOR REPLAT or MARCO BEACH UNIT 25 SUBDIVISION Ii.. poIIge s .3,;)./_ .3""), IU. 134 TRAMSPORTATION DEPT. AUTHORIZED TO SITTLE RICHT-Or-WAY CONDIMNATION CASE, COLLIER COUNTY VS. C!ORCE W. SHEPARD, ET AL aoo~ 085 WI 304 raqt 37 " ,(",}¡:.c'-;;IJ~g:,;,,~¡¡.;:;'<;_,·,; ~r '..' ·1:: : " .'~ J';'~J"}l(¡ u' '~', ~"', kt-^ l.;~ ~!:~~.J ,;,~:':~ fi . ."-"'""........._,.,--~"-_.,,..,.....,.,.,'.,."'. .. ~"'"'"',.,~.."...._.,.....,,~...~,,_._," ,,,,,__,_,..^,,,,~..,,,,._'_~_".~ ~u...~".' ,~,_ January 15, 1985 HI( 085 '1~! 305 It.. 135 RIIMBURSABLE BIGHNAY CONSTRUCTION ACREtMENT BETWEEN COLLIER COUNTY AND CIRCLI K G&~IRAL, INC. rOR TURN LANE IMPROVEMENTS IN CONJUNCTION WITH IAYSHORE DRIVE (KILLY ROAD) IMPROVEMENTS s.. Pag.. .3 .2~ - 3 ?If It.. 136 QUIT-CLAIM DEEDS rOR ADDITIONAL RlaBT-Or-WAY RE SEAGATE DRIVE ROAD WIDENIIIO PROJECT NOTE: Documcnt-nP~1ved in Clerk'. Office .s of 1/23/85 IU. 137 QUIT-CLAIM DIEDS rOR ROAD RICHT-Or-WAY CONNECTING OUTRIGGER LANE AND CLIPPER WAY IN COCONUT RIVER ESTATES Su P<I< U .3 3,5- .3.3 t.. IU. ')8 L~SE RENEWAL WITH ~~RSTEN LEASING CORP. rOR ELECTIONS WAREHOUSE :'u "ðC;U .337- 339 It.. 139 RESOLUTION 8~-16 RE PUBLIC NUISANCE ON LOT 8, BLOCK 203, UNIT 6, PART I, COLDEN CATE CITY (MICHAEL BIBBO) Sit. .'<lqC5 J4ð It... '''0 RESOLUTION 85-17 RE PUBLIC NUISANCE ON LOT IB, BLOCK 190, UNIT 6, COLDEN CATE CITY (DALE R. BACH) SC~ P4~~:'; 31/./ It.. '41 RESOLUTION 85-18 RE PUBLIC NUISANCE ON LOTS 1-5, BLOCK 68, UNIT 5, NAPLES PARK (HERSCHEL POLLARD) SIJe LqC5 ,3«..,;). IU. 142 RESOLUTION 85-19 RE PUBLIC NUISANCE ON LOTS 171, 240, 289, AND 305, WILLOUGHBY ACRES (EDWAI:D RIABOY) SOIt Po1';"'. 34-3 rag I: 38 ---, _--1 .- . ---.. ~--'---- ....,...-.........- ...._.'~..-.'-~.. --¡:-- L. -~.~_._----. e';::' ~.,.,.,'-- 11' ____ >'"..."''',._~.._-".""..,'',.,',,.,.,,..- .. .. II!I!I Janu~ry 15, 1965 It.. 143 RESOLUTION 15-20 RE PUBLIC NUISANCI OM LOT 18, BLOCK 183, UNIT 6, aOLDEN GATI CITY (JOHN TROTTA) s.. paq.. .3lJ.tf It.. 1 U RESOLUTION 85-21 RE PUBLIC NUISANCE ON LOT 21, BLOCK 59, UNIT 2, COLDEN CAT I CITY (FLORIDA COMPONENTS, INC.) :;." I'.J<¡.. .3 If.ç- It.. 145 RESOLUTION 85-22·RE PUBLIC NUISANCE ON LOT 26, BLOCK 19, UNIT 2, NAPLES PARK (ALLEN ELIAS) s." P3'l"s 31./-0 1 u. 146 r;~ITION TR-85-2C, TERRY R. , CHARLENE Y. PULVER, RE TEMPORARY aESIDENCE PERMIT ON TRACT 18, UN!T 21, COLDEN CATE ESTATES It.. 147 RECLASSIFICATION AND PR~OTION OF TWO MECHANIC III EMPLOYEES TO WATER DISTRIBUTION SUPERVISOR AND SEWACE COLLECTION SUPERVISOR Ite. . 41 CERTIFICATES OF CORRECTION TO TAX ROL.t.S AS PRESENTED BY PROPERTY APPRAISE" 1982 TAX YEAR :;87 " '5e 9 1/2-7/85 19B3 TAX YEAR 35d/):;0 1/2-8/85 1984 TAX 'tEAR 122/137 12/i7/84-i/8/85 TANC I B LE PERSONAL PROPERTY TAX 19B3 198)-357 12/1d/84 TANCXBLI PERSONAL PROPERTY TAX !2!.! 1/2-14/85 1934-101/107 It.. 149 EXTRA CAIN TIME FOR INKATE NOS. 45918, 46769, 38899, 40911 AND 45404 &OO( 085 p¡",r 306 ~ -",,",'---~.-"-'-""'-'~--"- r!lge J9 -.. "."'·'.h__~_,~",~·,,·_·,_,,,·,·'m_ tOOK 085w.! 307 Ite. '50 January 15, 1935 MISCELLANEOUS CORRESPONDENCE - rILED AND/OR REFERRED There beinq no objection, the Chair directed that the miscel- laneous correspondence bv filed and/or referred as Indicated b~low 1. Copy of memorandum dated 1/3/85, fr"ß, Doug L..a, Community Redllvelo¡:ment Jt.dmUdstrator, DCA, enclosing informtltion re Procurement by Localities Pllrticipatlng in tho Small Cities CDeG, and Uae of Rehabilitation Escrow Accounts by CCBG Recipients. XCI Ma. WillIamson. filed. 2. Letter dated 12/16/84, from Mark Latch, Envlronr.iental Admlni- stralor, Standard Permitting Sec., D£R, enclosing copy of snort form applicatIon File ~o. IlG96SG49. xc: ~r. Virta. Fil.d. 3 . 6..e t t err e C t1 v e d 1 ~ 12 8/ a 4, fro m Hi C h II r d \'I. Ca n t r e 11, In vir 0 n . Super.. DER, enclosing copy of short form applications File No. 110973925 and No. 110974U55. Xc: Mr. Virta. filud. 4. Copy of men,orandum dated 12/27/8<, from Richard ~i. Smith, cn lef, Bureau of loI.3stelo/"ter ~"'nagcment ..nd Grðnts, LJER, re l'Iðstewatcr Treatment Construction Grants, fiscal Year 1986 Project List,. xc: Mr. [))rrllJ "nd Mr. Cr~núall. fiho. 5. Letter received 1/~/85, from Hobert L. TOd~, bureau of Land I'I"nagem"nt, U. S. DcfJ" 01 Interior, enclC'slng ð :.otice of H~oity ActIon re transfer 01 ccrlaln lanos !n Charlotte, Collier ¿¡no Leù Count!c!>. xc: toIr. Lusk, "'-r. Vlrta and I'Ir. ~dunocrs. ~il"o. 6 . Co P Y 0 f 1 e t t era 0 t" " 1 2/2 Ò 18 4, 1 r" mea r 1 0 5 H. C:" rr c r ':>, En 9 ., tlureau of Coastðl lngln.:t:r In" and Hegulatlon, D:¡¡'¡., re ð d m 1 n 1st rat I v e a ~ pro v ð 1 0 f Pc r m I t No. A C 0- 7 7 I'll, Tn e Hit z- C,Hlton Hotels, LtC]. xc: /',r. Vlrta. nled. 7. Co..~' of l"tter C1ðlLJ 1:"/.2ïld~, fron. lad.n.. J. \\1111dms, Land hecorJs Specl~list, burcdu nf Cnastai lnglnucring and kequla- tlDn, CNh, r~ Nnllc. of r.x¡..irat1on, I'cr¡;'¡t No:'. C(.-J~, \0;. CldrK hlo/llns'.>n, Jr. x<:: ~',r. Vlrtd. FI1eC. 8 . Co p Y I' f It. II err:., t e c. 1 21 ~ L I 'J <;, f r "", Car J 0 h H. C ~ r r" r 0 , E:n 9 .. bUfCðU o[ CoastLl lnqln,,~r!nq ~nd H~gulðllon, ~N~, rc admlnl- strilt1ve apµrov¿l "C F-"rl~lt 1'0. ~. CC-~S, (;r:>lllcr County. xc: ~,r. Vlrt" "nd /'\r. KucK. Hico. \I. C"py of l"tter doðt",:1 1~/2<{/¡jt" frf'r.1 Cdrl,,:. r.. C,rre:ro, Eng., b~rebU of Coastbl lnqlnclrln~ 3nd kcyuliltlon. rc adnlnistre- tiVl approv,,1 of I-crmit "C'. ¡., C0-t,G ,'ii, City 01 Naples. XCI ~,r. V 1ft ð . F 1.1 e c . 10. Copy of Minutes: A. City of Nilplos, 11/2E/84 L 12/5/84. Fil cd. p^qO!' 110 _=J -.... . "I --.-................. -- --- --.- -.. --t:--. ~...- .,"~--.' --- .. ... ... J~nuðry 15, 1905 11. R~sourc~ ~Iert ActIon Referral r. Caa. No. 8401144 from DNR 1n r.f.r.nc. t~ ill.gally snatchin~ snook from docks alonq Coldlln Cat. Canal. XCI Mr. Luak. rllod. . i2. Letter dat.d 1/2/85, from 'liayn. E. Daltry, £x.c. Dir., Southw.st florida Regional Planning Council r. "Lely-^ R.sort Community· ApplicatIon for C.v.loµnllnt Approval CftI 15-8384-42. XCI Mr. Lusk. rIled. Ite. '51 BIDS '779 . 1784 RI JUSTICE CENTER LANDSCAPING AND SECURITY FENCING - '779 AWARDED TO SUNNYCROVI LANDSCAPING, INC., ESTERO, FLA., IN AMOUNT or $40,304.701 1784 TO ALLIED FENCE PRODUCTS, INC., NAPLES, FLA., IN AMOUNT OF $12,450 CONTINCENT UPON RECEIPT OF PERFORMANCE BONDS L~qal nntlc~ h~vlnq be~n ~ubllßh~a in th~ Naple. DaIly News on D.cemb.r 7, IV64, Did' were r.~elv.a (Dr ÜI1. 177~ ano '704 for I.nd.cai'ln'J ..no 1I".:ur1tï ("ncln'J until 2:20 1'.:-'., v.'CltmDQr 21, 1~ß4. Th..r.. b..in'J nt) !urth..r bu.ln".., tll.. meetln~ ·"'..s ðojourn..d by Order of tn.. Chair - Tlm~1 3:'>0 P.M. ßOAHIJ Of CUUNT't Cl.f1MI55IONEHS/ ~UARD Of ZONING APPEALS/EX OfflCIC GQVERNING ~UARD(S) Of ~P!:CI~L DISr~ICT3 UNDER ITS C'JNTrlOL '",O"l~ç/~. CH"Ik'lAN ATTEST I W ILUAM J. HAGAN. CLE>!K ~:., .." ví':,¿¡. .YV. . /") C ,.ø. t1""; .J/,-r~ ~,þ/, I . ~t, , ,r -¡;;Y' :..~Ù;.. allnutes :::¡..proV~d on Februarv...l.....lill- dS prt:lllnt..<: X -;or IS correctlt'd /'. .¡a4.."..., ... "'- ~, ,.. 'iii . '1'" aoo~ 085 PA',[ 308 t P~g. 41 _.......'. ._-,----->-_."--