BCC Minutes 11/24/1992 R Naples, Florida, November 24, 1992
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 A.M. in REG~ILAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Michael J. Volpe
VICE-CHAIRMAN: Burr L. Saunders
John C. Norris
Timothy J. Constantine
Bettye J. Matthews
A~SO PRESENT: John Yonkosk¥, Finance Director; Ellis Hoffman and
Kathy Meyers, Deputy Clerks; Neil Dorrlll, County Manager; Ken Cuyler,
County Attorney; David Weigel and Ramiro Manaltch, Assistant County
Attorneys; Frank Brutt, Community Development Services Administrator;
William Lorenz, Environmental Services Administrator; Mike Arnold,
Utilities Administrator; Fred Bloetscher, Assistant Utilities
Administrator; Leo Ochs, Administrative Services Administrator; Tom
Conrecode, Office of Capital Projects Management Director; Richard
Clark, Code Enforcement Supervisor; Steve Brinkman, Parks & Recreation
Director; Greg Mihaltc, Affordable Housing Director; Ken Pineau,
Emergency Management Director; Jeff Perry, MPC Director; Robert
Mu/here and Philip Scheff, Planners; Sue Filson, Administrative
Assistant to the Board; and Deputies Doug Caperton and Acey Edgmond,
Sheriff's Office.
Page
Tape
(¢o)
.Xtel
AC~]gDA-APP~OV'gDIgIT~ CHA~$
November 24, 1992
Co~atllioner Saundere moved, seconded by Co~lssloner Norris and
carried unanimously, to approve the agenda with the changes as
detailed on the Agenda Change Sheet and with the following additional
changes:
Item ~16C3 - Recomndatton for approval of Agreement for the
1992-93 funding contribution to Collier Soil and Water
Conservation District - Moved to #8C2.
e
Xtea #16D2 - Reco~aendatton to execute an easement agreeaent
and accept the conveyance of property located on Orange
Blossom Drive for the site for Master Pu~p Station 1.04 -
Moved to ~8D2.
Page 2
November 24, 1992
(228)
APPROVED AND/OR ADOPTED
The motion for approval of the consent agenda ts noted under Item
#16.
(224)
MI~ OF TR~ R~GULARM~ETING OF NOVEMBER 10, 1992 - APPROVED
Co~atsstoner Norris loved, seconded by Commissioner Saunders and
c~rrried unanimously, to approv~ the Ntnutes of the Regular Nesting of
N~r ~0, 1992.
(2S~)
2tll
~ 8~CZ ~S - ~S~D
Co~u~tsstoner Norris congratulated the following employees and
presented their service awards:
Ralph A. Carbonero, Road and Bridge - 10 years
Mlguel A. Herrera, Water Mgmt/Aquattc Plant - 5 years
(272)
Zt~B
PItOCLAMATION DESIGNATING DECEMBER 1, 1992 AS WORLD AIDS DAY - ADOPTED
Upon reading and presenting the proclasatton to David Sus~erton
Nlch~m! Eat~er, Commissioner M~tthews moved, seconded by
Co~m/81toner Saunders and carried unanimously, that the Procl~tton
designating l)ecs~ber 1, 1992 as World Aids Day be adopted.
Page 3
24, 1992
(394)
BUDGET ~ 93-32 - ADOPTED
Co.~i.eLoner Saunders ~oved, eeconded by Co~-imeloner Matthews
and carried unani~otmly, that Budget A~end~ent 93-32 be adopted.
RESOLUTION N0.92-625, ALLOWING THE COUNTY TO DRAW AN AMOUNT NOT TO
EXCEED $2,105,000 ON THE "LINE OF CREDIT" AGREEMENT WITH SUN BANK TO
FINANCE TH~ FINAL COSTS IN THE NAPLES PRODUCTION PARK SPECIAL
ASSESSM~IT DISTRICT - ADOPTED
John Yonkosky, Finance Director, explained that the Board pre-
viously approved a resolution increasing the estimated cost for Naples
Production Park, which included the cost of financing until a bond
issue will be sold by the Board of County Commissioners. He
acknowledged that the line of credit under the original amount with
Sun Bank has been consumed and the rest of the money is needed to
finish construction.
Tom Conrecode, Director of Office of Capital Prelects Management,
verified that the Naples Production Park Project is scheduled to be
completed tn April or May, 1993.
Mr. ¥onkosky clarified that funds tn the amount of $1,105,O00 will
be drawn within the next thirty days.
Co~aismioner Saundere ,aoved, seconded by CouLeeloner Norris and
carried tmani~l¥, thai Resolution No. 92-625 be adopted.
Page ·
November 24, ~992
(602)
IV~SOLOTZON NO. 92-626, ALLOWZNG TH~ COUNTY TO DRAg AN AMOUNT NOT TO
$2,920,850 ON TH~ "LZI~ 07 GR~DZT" ACil~~ WZTH SUN BANK TO
FZNANC~ THZ Flail COSTS ZN TH~ PZN~ RZDflK INDUSTRIAL PAKK (PRZP)
SI~CXALA~SISS1~NT DISTRICT - ADOPTED
Mr. Yonkosky reported that this Resolution will allow an addi-
tional draw of the balance of the money needed for the completion of
the Pine Ridge Industrial Park Capital Project.
Colltletoner I~atthews ~oved, .econded by Collteeloner Saundere
and carried unaniiouel¥, that Reaolutlon No. 92-626 be adopted.
Page 5
November 24, 1992
lt~a ~F
CERTIFICATE OF COK~CTION TO TH~ 1992 EAST AND SOUTH COUNTY SEWER
· F~CIAL A~SESSMENT ROLL APPROVED AND CHAI]~.N AUTHORIZED TO SI~N
Mr. Yonkosky reported that this request will modify the lg92 East
and South County Sewer Special Assessment Roll to correct an error and
save the taxpayer approximately $400.
Co.missioner Volpe ~oved, seconded by Mr. Constantine and carried
un~nl~ou~ly, to a~r~e the Certificate of Correction to the 1992 East
~ ~ C~W ~r S~clal ~sesmnt Roll ~d aut~rtze the
2:0
Page 6
P.,,~OLUTZOR I0. 92-62? AUTHORIZING I~EZHBUR,S~ OF ZHPACT ~S FOR
$~'V~31' ~ TO B~ BUILT BY ZI~IOKAL~ H&BZT&T FOR HI]I~Z'I'Y ZN HZ~SZON
Greg Mthaltc, Affordable Housing Director, reviewed that these
homes will be sold to /ow income individuals for approximately $40,000
each. He noted that this Resolution will allow the reimbursement of
$27,506.64 in impact fees, subject to an approved agreement between
Habitat For Humanity and Collier County and will be recorded as a
restriction to ensure that the houses remain affordable for the period
required under the Ordinance.
Mr. Mihalic pointed out that on pave two of the Resolution, the
date should be changed from September 14, 199! to September 14, 1992.
Gounty Attorney Cuyler advised that Staff recommends that a con-
dition of this Resolution be that Habitat For Humanity enter into and
stun an &~reement for the houses to remain affordable for seven
years.
Charles Smith, Vice President of Habitat For Humanity, spoke to
this item.
Mr. Mihalic noted that Habitat For Humanity will not transfer the
deed on these properties until one year after the tenant takes occu-
pancy, and will then be eligible for the reimbursement. He verified
that it will be approximately eighteen months before the money will be
reimbursed back to Habitat from the impact fee funds.
Commissioner Saunders thanked the individuals representing Habitat
For Humanity and commented that acquiring the seven housing units
for $2?,000 is a real bargain.
Commissioner Smunders moved, seconded by Cozmtssloner Norris and
c~rrtld unant~oully, to adopt Resolution No. 92-627 authorizing the
retl~mrlellnt of Impact fees for the seven homes with the date correc-
tion ~ the condition proposed by the County Attorney.
Page 7
No~emblr 24, 1992
{1120)
iP~CL~ ~M~ItANTY DEED PROVIDING FOR THE CONVEYANCE OF A FIFTEEN ACRE
PARCEL NITHIN THE PELICAN BAY PUD TO COLLIER COUNTY - ACCEPTED WITH
CONDITION
David Weigel, Assistant County Attorney. reviewed the draft of the
Special Warranty Deed. He discussed that the ,an~uage specifically
states that the fifteen acres may be used exclusively for a community
park.
Assistant County Attorney Weigel pointed out that the Special
Warranty Deed limits the grantor's obligation, within the second
paragraph on page two. He clarified that it reduces the title
~uaranty in that the grantor gives the gran~ee under a special
warranty deed and that they are warranting the title of the land as
opposed to an outright overriding unabridged warranty of title that
comes from a warranty deed.
County Attorney Cuyler advised that the reverter language is con-
tained within the Special Warranty Deed and is a reverter after
notice and noncompliance. He acknowledged that this reverter is more
acceptable than the pure reverter which was previously before the
Board.
Commissioner Saunders expressed his concern that whatever action
is undertaken, it will not affect the obligations of Westinghouse to
provide 15 acres of neighborhood parks.
Commissioner Saunders referred to a letter he received from Lou
Hoegsted (copy not provided to the Clerk to the Board).
Susan Watts, with Westinghouse Communities, referred to a concep-
tual plan, reviewing that Westinghouse is proposing to provide in the
community park site a combination softball/soccer field, eight tennis
courts, four racquetball courts, a basketball court, volleyball court,
a sheltered structure which will include restrooms and parking. She
deemed that when completed there is a potential for overlap use for
beach parking since the site is approximately a half mile from the
County beach.
The following people s~e~~s ~?m:
Page 8
November 24, 1992
James T. McHurph¥
Dr. Patrick Kane
Commissioner Saunders addressed Dr. Kane's comments, noting that
the reverter language refers specifically to the types of uses that
are outlined in the PUD document so that if the County stops using
it as a community park and the types of facilities outlined in the PUD
document, the property would revert back to the homeowners asso-
ciation. He added that no future Commission can change that use from
governmental facilities and community parks and will protect the
interests of the residents of Pelican Bay. He concluded that should
the park site revert back to Westinghouse because the County fails to
use At as a community park, then Westinghouse can only utilize it as a
co~.~unity park.
Art Jacob spoke to this item.
Robert McClure with Westinghouse Communities, indicated that
Westinghouse is prepared to proceed promptly and will work in good
faith with the County Attorney's Office.
Oo~loner Yelps ~oved, seconded by Commiaeloner Saunders and
carried una~/~usl¥, to accept the Special Warranty Deed with the con-
dition that b~ accepting the Deed and the propoaal for the a~entttea,
it will not affect the obligations of Weatinghouse within the PUD as
it relate~ to neighborhood parks.
****NOTE: DEED NOT RECEIVED IN C~KRK TO BOARD OFFICE AS OF 1/8/93'****
Page 9
November 24, 1992
10:25 A.M. - Reconvened at 10:38 A.M.·
Item ~IOA
UPD&T~ ~ POSSIBLE RECONSIDERATION OF TH~ MARCO SOUTH BEACH PAI~ING
LOT - BOARD'S PltEVIOUS DECISION UFR~LD FOR COUNTY ATTORNEY TO PURSUe
Commissioner Norris reviewed the history of the subject parcel,
referring to a memorandum compiled by Assistant County Attorney
Student entitled 'Chronolog~ of Point Marco Planned Unit Development
(PUD) Public Beach Access Requirements'
The following people spoke to this item:
George Keller
Chris Xtgogiants
Jan Haduck
George Fitzgerald
Frank Blanchard
Milton Leonard
Douglas Herbst
Maurice Metcalf
George Carse
Tape 93
Emily Maggie
Dave Brunet
Arthur Cooper
John Nourse
Walter Donovan
Patrtcia Btrkeland
Fred Burnham
Dr. Ray Parer
Smith Thompson
Dick Jandro
Harry Cowtn
Commissioner Norris summarized that he ts not tn agreement with
the pursuit of eminent domain to obtain this parcel and placing a
parking lot into an almost fully developed condominium area.
Commissioner Volpe discussed that he ts comfortable with the
actions that the Board has pursued which will benefit the overall
public, and that the County Attorney should proceed with the filing of
the appropriate actions.
Co~tuloner Norrie moved to abandon obtaining the ~ubJ~ct pl.r'cel
through e~tnent ~oMtn and yield to the PUD A~end~ent, Ordinance No.
91-42 which ~ante the lot to the Marco Island Civic Association.
The ~otton failed for the lack of a second.
Commissioner Saunders stated that the only action being discussed
solely regarding the parking lot parcel, and not the PUD or
anything that would cause the developer to lose his financing.
sReceeaed at 12:40 P.M. - Reconvened at 1:30 P.M. et which tiaa
Depu~ Clerk Hell.an replaced Deputy Clerk Meyers.·
Xte~ ~H1
(1068)
MaRK ORDER BSW-2 UNDER THE ANNUAL AGREEMENT FOR PROFESSIONAL SKRVICES
WITH Ba~ANY, SCHMITT, WKAVERAND PARTNERS, INC. FOR A VANDKRBILT BEACH
500~( C~'0PA~£ 29 Page 10
No~ember :24, 1992
Office of Capital Projects Management Director Conrecode announced
that this item is a recommendation for the Board to award a work order
under ~n annual contract with Barany, Schmitt, Weaver and Partners,
Inc. for the design of the Vanderbilt Beach bath house. He stated
that the design would include site analysis, permitting, utilities,
building design and services during construction. He noted that the
Work Order is in the amount of $19,800.
Co~.uimioner Saundare ~oved, seconded h~ Co~-ieeloner Norris and
carrie4 4/0 (Co.~ieeioner Conatantine out), to &pprove~ork Order
B~F-2 ~n the .mount of 819,800 for profeseAonal servicee for the
V~bAlt Be~chB~th Houoe.
000. , 30
Page 11
November 24, 1992
~ANCI OF CO~RICTED EASEMENT FROM MR, AND MRS. MUCARIA MRICH IS
Ig~C~AHTTO THE I~PANSION OF THE LELY BRANCH CANAL - APPROVED
County Manager Dorrtll advised that the purpose of this item ts to
correct a scrivener's error to obtain a proper description associated
with a drainage easement as it relates to the southern half of Lely
Branch Canal.
~os~oner Matthew~ ~oved, eeconded bF Co--issloner Saunders and
c~t-r~ed 4/0 (Cm~ssioner Conetantine out), to accept the corrected
· ~e~ent and staff authorized to proceed to record ~a~e.
Page 12
November 24, 1992
(12eO)
R~SOLUTION 92-62e. APPROVING THE ACTION TA]~N BY TH~ COUNTY MANAGER TO
FROTHCT TH~ COUNTY'S WATER FACILITIES AND AUTHORIZ&TION FOR
CONTINU&TZON OF ~&TER RESTRICTIONS - ADOPTED
Assistant Ut/lit/es Administrator Bloetscher requested that the
Commission confirm the imposition of mandatory restrictions on Collier
County's water customers. He provided a handout (copy not provided to
the Olerk's Office), depicting significantly higher flows during
October of this year as compared to those of the previous year. He
advised that staff believes that the vast majority of this is due to
irrigation uses since the timing of the peak hour is at 2:00 A.M. and
continues until 8:00 A.M.
Mr. Bloetscher noted that the increase began in October and
volunteer restrictions were requested on October 23, however, there
was no response. He indicated that on October 30, the Manager, in
accordance with the Ordinance, signed off on approval for mandatory
restrictions.
Mr. Bloetscher advised that as of last week, water useage was con-
sistently above 16 million gallons per day (MGD), noting that this is
the capacity of the Water Treatment Plant and anything in excess of
this is being taken from the system's storage tanks.
In response to Commissioner Norris, Mr. Bloetscher reported that
12-13 MGD were being used last year at Thanksgiving. He indicated
that the peak useage is generally in March, April or May, depending on
rain and higher temperatures.
Mr. Bloetscher stated that staff has inspected and run the system
to ensure that there are no leaks in the lines.
Oommissioner Volpe cited the need for an action plan as it relates
to water conservation. Ne suggested that staff lay out an action plan
as to how the issues of water conservation are to be addressed.
Mr. Bloetscher announced that per the Board's direction, staff is
in the process of writing the water conservation study.
see Commissioner Constant/ne returned to the meeting at this time ess
Page 13
November 24, 1992
Coutsstoner Volpe Indicated that staff needs to update the three
new commissioners with the overall utility issues. Mr. Bloetscher
replied that he will provide an update to the Commission and noted
that an action plan will be presented In approximately two weeks.
Commissioner Matthews suggested that the action plan address
enforcement for the mandated restriction.
Commissioner Volpe suggested that staff coordinate with the
Collier Soil and Water Conservation District, and utilize their
resources, If possible, to come with a meaningful action plan.
Co~tssioner Saunders ~oved, seconded by Coutsstoner Norris and
C~Ti~unani~ousl¥, that Resolution 92-628 be adopted, confirming
Ph~ On~ restrictions for all Collier County Water-Se~r District
Page 14
November 24, 1992
Itell ~D2
(~0~0)
~CO)IIZ]IDATION TO KX~CUTE AN EASEMENT AGREEMHNT AND ACCEPT CONVEYANCE
OF PROP~]~f~ LOCATED ON ORANGE BLOSSOM DRIVE FOR MASTER ~ STATION
1.04
Assistant Utilities Administrator Bloetscher stated that this item
is a request for the execution of an easement agreement to accept the
conveyance of property for Master Pump Station 1.04. He affirmed that
this Station Is at the north end of the Sewer System and is the last
ma~or master pump station before the Wastewater Treatment Plant and
serves the area south of Immokalee Road.
Commissioner Matthews noted that the property has been appraised
at $40,000 per acre, and approximately .76 acres will be acquired.
She questioned why the County will be paying $43,000 for less than one
acre of property. Mr. Bloetscher replied that the property to be
purchased from the Collier Family was proposed for future development,
however, the County needs this specific site because of the way the
pumping comes together. He indicated that after negotiating, it was
determined that the County would not undertake the condemnation pro-
cess, which would exceed the $43,000 figure.
Commissioner Matthews explained that she has problems with paying
people to avoid litigation.
Coll/e~loner Volpe loved, leconded by Commissioner Constant/ne and
c~zTled 4/1 (Commissioner Matthews opposed), to approve the E~elent
Agreeleslt and accept the conveyance of property located on Orange
Bloeeo~l D~tve for the lite for Master Pump Station 1.04.
Page 15
November 24, 1992
(2242)
FOR THZ 1992-93 I~NDZNG CONTRZBUTZON TO COLLIER SOIL AND
~&TZON DISTRICT - &PPROV~D
Conissioner Volpe explained that he requested that this item be
removed from the consent agenda for the purpose of tying into the
discussion relative to water conservation (Item #SD1).
CollXelioner Volpe loved, eeconded h~ Conie~loner Norrim and
carrXed un~nimou~ly, to approve the A~eelent for the 1992-93 ~ding
contr~on to ~he Collier So~l ~d ~lter Conse~a~on D~l~r~ct.
Page 16
November 24, 1992
(22?0)
APPEAL BY T.L. GUSTAFSON RE REVOCATION OF OCCUPATIONAL LICENSE -
~TAFF'~ RECO~[ENDATION UPHELD RE REVOCATION OF LICENSE; STAFF TO
REVIE~OKDINANCKS AND I~PORT BACK RE PROPOSED AMENDMENTS
Ail persons intending to offer testimony with respect to this
appeal were sworn in at this time by Commissioner Volpe.
Code Enforcement/Compliance Services Director Clark advised that
this item is an appeal from T. L. Gustafson, d/b/a Use Your
Imagination. He indicated that the petitioner is appealing the revo-
cation of an Escort Occupational License Permit.
Mr. Clark referred to and explained various provisions of
Ordinance 89-37, with regard to escort services. Ne noted that on
July 17, 1992 an incident took place at a North Naples motel with the
Sheriff's Office operating in an undercover capacity. Ne stated that
a male escort, employed by Use Your Imagination, was to be provided to
two female undercover officers. He revealed that the male escort
offered to perform sex for a fee. He cited that the escort was found
guilty of soliciting to commit prostitution and fined $1,000.
Mr. Clark called attention to Section Twelve of the Ordinance
which states: "No escort service permit shall be issued to any cor-
poration, association, organization, agency, partnership, person or
group of persons if the applicant, or any person helping to conduct,
manage, carry on, operate or invest in the service, has been: con-
victed of a felony, or convicted of any offense relating to prostitu-
tion..."
Mr. Clark pointed out that Section Twelve "C" of the Ordinance
reads: "Conviction for any felony or for any offense as set forth in
Section Twelve (A)(2) above, by the applicant or any person engaged in
conducting, managing, carrying on, operating or investing in the ser-
vice shall be grounds for den~al or revocation of a permit."
Commissioner Saunders noted that the license was granted in
August, 1992 and the conviction was in September. He remarked that
the license holder is not the person charged with the offense. He
Page 17
rf
November 24, 1992
queetione~ whether the convicted person was still an agent or employee
of the licensee when the license was issued.
Assistant County Attorney Manalich advised that he is uncertain
whether the convicted individual has remained an associate of the
business. He indicated that it did not appear that the County could
take any action for revocation until there was a conviction as opposed
to an arrest. Me explained that the County Attorney's Office did not
find the Sexually Oriented Business Law to be applicable since the
licensee does not have an office in Collier County. He noted that
this would provide for denial of any new application for at least 1-2
years.
Ms. T. L. Gustafson stated that she is appealing the Board to have
her Occupational License reinstated. She cited that she believes the
license is unconstitutional based on the argument that the Ordinance
does not apply to her business. She revealed that she operates an
entertainment company, not an escort company. She questioned whether
other entertainers, i.e. singers or clowns at birthday parties, are
required to obtain escort licenses.
Ms. Gustafson explained that Mr. Garcta, the individual that was
arrested for dancing without a license and prostitution is an ex-
partner, however, there was no relationship at the time application
was made for the license. She expressed concern relative to the
license being issued if there was a question of revocation.
Ms. Gustafson read a sequence of events that took place from
March, 1992 until the present.
Ms. Gustafson stated that she entered into a partnership with Mr.
Garcia, however, the partnership was dissolved 43 days later on April
7, 1992. She reported that she advertised in the community directory
and in late June when the directory came out and Inquiries were
received, they were referred to Mr. Garcia.
Ms. Gustafson indicated that she was paying for the ad but
receiving nothing in return, and decided to employ her own dancers and
run the exotic entertainment aspect of the business.
Page 18
November 24, 1992
Ms. Gustafson advised that she called the Sheriff's Office several
times and asked if any charges were being brought against her, and
noted that she was informed there were no charges being brought
against her.
Ms. Gustafson stated that she pursued the matter of obtaining a
license for her business resulting in confusion as to the type of
license she would need and at one point was told a license would not
be required for her business.
Ms. Gustafson explained that she called the County Attorney's
Office, met with Assistant County Attorney Manalich and then met with
Planner Wayne Arnold and completed an escort application. She related
that she protested filling out the application, citing that she was
not running an escort service, but rather an entertainment company.
She advised that Mr. Arnold suggested that the application be
completed for an escort service, but he concurred that he did not
believe that a license was needed.
Ms. Gustafson stated that she met with Tax Collector Guy Carlton
several days later and he remarked that he did not feel that a license
was needed.
Tape~4
Ms. Gustafson questioned why she was issued a license since there
Is no entertainment license and noted that she does not operate an
escort service.
Mr. Clark called attention to Page 211 of the Yellow Pages of the
telephone directory which contains Ms. Gustafson's ad under the
heading "Escort Services".
Assistant County Attorney Manalich stated that after the arrest
occurred, Ms. Gustafson diligently pursed the legal means to conduct
her business. He indicated that Ms. Gustafson presented the County
Attorney's Office with a fact pattern of the type of business she pro-
posed to operate. He advised that he was informed that the people
that would be sent to private homes were going to strip naked. He
noted that it has been concluded that this business fits within the
Page 19
November R4, 1992
"escort" definition of Ordinance 89-37.
Ms. Barbara Hattemer spoke with regard to this item.
Co~/setoner Saunders moved, seconded by Comtsstoner Constantine
~nd c~zTled unanimously, to uphold staff's reco~endatton with
to the =~cat~on of Ms. ~stafeon~s oc~patlonal 1Ice,s.
Cowry Attorney Cuyler requested direct~on from the Commission
w~th regard to h~s s~aff rev~ewing and bringing back proposed amend-
men~s to clarify various sections of Ordinance 89-37 and the Se~ally
Oriented Business Ordinance.
~~S~r Norris ~, seceded ~ Co~tmmtoner ~tth~
=~ ~~ly, that the C~ Attempts Off,ce ~ d~rected
~ ~ ~cort Se~ce ~neem Ord~n~ce ~d the S~lly Or~ent~
~~ ~~ce ~d preset a re~rt relatl~ to pr~e~ ~nd-
~tm.
(65~)
A~ ~~ ~ ~ OF COLLI~ CO~ CO~ISSIO~ ~
~~ T. HI~GS, OF CO~T C~ITIES CO~TION ~ MITIGATION
~~ OF ~ B~HI~ ~S PUD (CO~ION I~ ~A-91-1) -
Community Development Services Administrator Brutt announced that
Agenda Items #8A2, #8A3 and #12C! relate to the Berkshire Lakes PUD.
Mr. Brutt stated that in June, 1991, the Board of County
Commissioners approved Petition DOA-91-! and PDA-92-1. He revealed
that the Development Order amendments were questioned by the Southwest
Florida Regional Planning Council (SWFRPC) relative to the performance
of the mitigation issues required in the original Development Order.
He indicated that the Commission requested that staff, Coast
Communities and SWFRPC get together and address the mitigation
issues.
Mr. Brutt called attention to Page 5 of the Executive Summary,
which identi~ies the four mitigation issues, as requested.
Mr. Brutt stated that staff is recommending favorable action by
the Commission to accept the mitigation, incorporate same into the
55
Page 20
!- November 24, 1992
Development Order, and approve the final p/at of Berkshire Lakes Unit
Seven.
Planner Young advised that last year when the two amendments were
presented to the Board, he was under the Impression that the Agreement
was to contain provisions for a hurricane shelter and this statement
was included tn the PUD document. He revealed that Coast Communities
disputed this statement and after reviewing the video tape from the
proceedings, the motion did not reflect this provision. He Indicated
that the Board's major concern was that the agreement be presented
during the public forum to be discussed. He noted that staff will
come before the Board within the next few weeks with a scriverner's
error to delete the requirement for shelters from the PUD document.
Mr. Young stated that he recommends approval of the agreement. He
indicated that staff has been working for over a year with Mr. Ptneau,
the School District, and Messrs. Peek and Higgs to reach this
agreement.
Mr. Dan Trescott, of DCA spoke with regard to this item. He
advised that when the Development Order was originally approved,
there was a requirement for an on-site shelter. He stated that Rule
9-J2 contains the Hurricane Preparedness Policy Rule, noting that
various techniques can be used to mitigate hurricane shelter impacts.
He remarked that the provision of buying emergency generators is an
acceptable option, as opposed to providing on-site shelters. He
reported that he believes an acceptable mitigation option has been
worked out over the past year.
In response to Commissioner Volpe, Mr. Young reported that
previous mitigation efforts have been undertaken by Coast Communities
that they have not been given credit for, namely the purchase of the
cots that were used in Bonita Springs during the recent flooding.
C~Ae~i~n~r Saunder~ ~ed, seconded b~ Co~aiseloner Norria and
carried t/i (Co~teeloner Constantine opposed), to approve the
Agree~a~nt bet~e~en the Board of County Co~uatssioners and WillAa~a T.
56
Page 21
November 24, 1992
Later in the meeting, discussion ensued with respect to recon-
sidering the motion as made above.
Commissioner Saundere moved, seconded by Contestoner Matthews and
carried nnmntmonsly, to reconsider the ~t~on for Itea ~8A2.
~ITZ~ ~-91-1, WILLI~ T. HIGGS, CO~T C~ITIES, ~Q~STING
~2/~/~
Legal notice having been published tn the Naples Daily News on
November 8, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Young stated that the plat of Unit 7 ts Item #8A3 and also
the final agenda item with regards to this DOA which is being held up
pending final approval of this item and Item #8A2.
Commissioner Volpe questioned the number of maximum dwelling
units, to which Mr. Young stated that at the original hearing 970
dwelling units were applied for, but during the hearing it was indi-
cated that only 950 units would be built and this ts what is tn the
actual agreement.
Mr. Da/as Disney stated that 18 months ago, he objected to
numerous items with regards to amendments to the Berkshire Lakes
Development Order. Ne indicated that one of the provisions he
objected to was dropping hurricane shelters and buying a generator as
a mitigation process. He noted that this item was approved by the
Commission with the condition that Unit 6 be platted but that Unit ?
not be platted until there was further action by the BCC, and tn the
meantime the developer was to work out lan~D/age with Staff tn a timely
fashion for the hurricane evacuation provisions. He stated that this
item has been going on for 18 months which is not timely and may not
be legal. He reported that if this item is passed, he will seek civil
action, adding that he has a deed restriction that speaks of hurricane
shelter requirements as well as the PUD and the development order. He
indicated that by passing this Item, the BOO will knowingly create a
violation of property rights. He stated that he ts opposed to the
Page 22
November 24, 1992
removal of a hurricane shelter in the Berkshire Lakes area and
suggested that the developer include this shelter with his future
developments on the east side of Santa Barbara Blvd. He stated that
there will be 25,000 residents in this area at build-out and the only
reason that the developer is before the BCC at this time is that he
wants Unit 7 platted. He stated that he was before the Board 18
months ago because he wanted Unit 6 platted and an error was made
because there were already 200 units more than was allowed by the PUD.
He reported that the Homeowners Association at this point is the deve-
loper and, therefore, the homeowners do not have any power except for
civil action. He stated that there ts a requirement in the deed
restrictions and the archltectural review standards and tn the PUD
that requires the developer to have shelter requirements in multi-
family buildings and this has not happened, adding that there are many
~ultt-famtly buildings already built. He indicated that he is
strongly opposed to the approval of this petition.
Commissioner Volpe questioned the time frame, to which Mr. Young
explained the process and why it took the length of time that it did.
County Attorney Cuyler stated that the original development order
amendment was not finalized due to further negotiations taking place.
Commissioner Constantine stated that he does not see the equality
of a shelter versus a generator, noting that there is a big difference
between the two issues.
Emergency Management Director Pineau stated that monetarily there
is a great disparity between on sate sheltering and the proposed
generator, but in order to shelter the people of Berkshire Lakes, a
500,000 square foot facility would be needed. He stated that a single
family home would be the same quality of construction as a shelter.
He indicated that during most major hurricanes like "Donna" or
"Andrew", Berkshire Lakes would receive only wind damage, not surge
damage.
Commissioner Constantine stated that if the original agreement
calls for a shelter to be built and there is a deficit with regards
58
Page 23
November 24, 1992
to shelters, then the opportunity to have another shelter should not
be given away in exchange for the purchase of a generator.
Mr. Tom Peek of Wilson, Miller, Barton & Peek, Inc. stated that he
was engaged by the Petitioner to help negotiate this agreement that
was identified more than a year ago. He noted that his firm worked on
the original PUD document for Berkshire Lakes and was, therefore,
asked to participate in the modification to that language. He indi-
cated that Mr. Disney identified that there would be 25,000 residents
at build-out, but the PUD document permits only 4200 dwelling units to
be constructed in Berkshire Lakes which includes Countryside and
calculates to lO,§O0 people. He noted that all the homes are built
above the 12'8" elevation which, therefore, indicates that there would
be less than ! foot of water tn any home during the worst hurricane
which is not considered to be a life threatening situation that would
require evacuation.
Commissioner Volpe stated that the question is whether the obliga-
tion has been adequately mitigated to provide some type of hurricane
evacuation or shelter, adding that after discussions with Mr. Pineau
and Mr. Trescott he was under the impression that the generator would
adequately mitigate the requirements under the PUD.
Mr. Trescott stated that the hurricane rules do not really apply
to this development, and by looking at the other shelters in the
County, it does not appear that they can retrofit existing shelters to
add mhelter space. He stated if this ts the case, then the best
alternative is to use a generator for housing people on a long-term
basis after the hurricane tn order to pump sewage and generate power.
Gommissioner Constantine stated that he does not see the generator
ae being the best alternative.
Commissioner Saunders stated that he previously made the motion to
approve this agreement based on the statements of the Emergency
Management Director, the Planning Staff, and the Regional Planning
Council. He stated that he has not heard anything that would persuade
him that this advice was incorrect, but If there ts a Commissioner
Page 24
November 24, 1992
that would like to have this item reconsidered, he would be willing to
make a motion to do so.
Commissioner Constantine indicated that he would like to recon-
sider this matter.
Cmmisstoner Saundsrs moved, seconded by Commissioner Matthew~ and
c~ri~ ~t~ly, t~t ltea ~8A2 regarding the A~nt with
Mr~t. ~s ~ reco~tdered.
Mr. William Hlggs of Coast Communities stated that there are no
problems tn B~rkshire Lakes with water or flooding, noting that as the
developer of Berkshire Lakes, he also lives there.
Couisstoner Volpe reported that the ~estton ts whether there ts
ads.ate mitigation tn lieu of a hurricane shelter. He stated that
th~r~ ts a co~ttment of a generator which has been accepted by the
School Board, noting that he feels that this generator will be very
tmportat during a hurricane. He indicated that during Hurricane
~drew It could have been used at Barton Collier High School. He
stated that with regards to the EOG office, there Is a need to relo-
cate it and perhaps the developer would be willing to donate some
dollars to help the County relocat~ and expand that office. He Indi-
cated that possibly Staff would work with Mr. Htggs and his ~eam to
upgrade the EOC office which would be a benefit to the community at
large.
Mr. HtgGs stated that for 18 months he has been trying to resolve
this matter and he ts willing to do whatever ts possible.
Mr. Disney stated that there has been a lot of confusion and a lot
of talk, adding that he would suggest the same as he suggested 18
months ago which would be to put everything tn'writing.
In ~swer to Co~tsstoner Volpe, County Manager Dorrtll stated
that if these Items are continued, Staff would need until the 2nd or
3rd ~ting tn December to resolve the matter.
Mr. Peek stated that with regards to Item ~8A3 which ts the final
plat of Unt~ ~, this unit cannot be platted until this matter Is
Page 25
November 24, 1992
resolved. He stated that he is asking that the construction of Unit ?
be allowed to commence with the condition that building permits cannot
be obtained until the final resolution of this matter. He stated that
he is not asking for the plat to be recorded only for the commencement
of the Improvement construction.
County Attorney Cuyler stated that he does not feel that there ts
a problem with going forward on this matter with the understanding
that the developer not rely on continued approval, in case the Board
does not come to an agreement on this matter when it Is brought back.
Oe~dmioner Saundsra ~oved, aeconded by Commissioner Norris and
carried u~mis~usl¥, that Iteu ,12C1 and ,8A2 be continued for three
w~ek~ and that Ite~ ,8A3 be approved, not accepted, with the
landeF~tandtng that this is simply an acco~odatton to the developer,
bnt if ~o~ething should go wrong within the three week per/od, there
As ~o v~ted rights with this approval and also smbJect to no building
FINAIiFLAT OF B~IRE LAKES UNIT SEVEN - APPROVED WITH STIPULATIONS
This Item was heard and the motion was made In conjunction with
Item ,120! above.
Page 26
November 24, 1992
el%e~ee~ed ak 4=20 P.M. - Reconvened at 4:30 P.M. at which
Depu~FClerkM~Fere replaced Deputy Clerk Hell.an.·
(TgO)
Ite~SCl
It~(I~EST THAT TR~ BOARD OF COUNTY CO~ISSIONERS PROVIDE DIRECTION FOR
TH~ CLAM PA~S PARK CONCESSION - STAFF DIRECTED TO PREPARE RFP AND
SOLICIT BIDS
Sieve Brtnkman, Parks and Recreation Director, reviewed that the
current concession agreement with the Registry Resort will expire
March 31, 1993 and requested that the Board direct Staff to either
seek an extension of the current agreement or to solicit proposals.
He distributed copies of a letter to the Board, which he received on
November 19, 1992 (copy not provided to the Clerk to the Board).
Mr. Brinkman summarized that Staff recommends that proposals be
solicited.
In response to Commissioner Volpe, Mr. Brinkman assured the Board
that Staff will provide an opportunity for review and an update as to
considerations that will be provided within the RFP.
Commissioner Norris questioned the revision relating to an exten-
sion of the contract to transfer the tram operators from hotel to
County Staff status. Mr. Brinkman explained that this would ensure
the allegiance of the employees to the County. County Manager Dorrtll
expressed an inclination to privatlzing rather than hiring 4~ new
employees.
Co~tutoner Constant/ne ~ovad, seconded by Co--tsstoner Matthews
~nd c~zTAed unanimously, to direct Staff to prepare an RFP and eoltctt
bt~ fc~ the Cl~ Pass Park Concession.
]~1~1~ ]10. 92--629 REVISING THE PERSONNEL RULES AND REGULATIONS -
Leo Ochs, Administrative Services Administrator, reviewed that
~'~!' tht~ Ire-, t~ a recommendation to revise selected portions of the
BoardJs Personnel Rules and Regulations. He noted that policy changes
are recommended to the Board periodically, usually on an annual basis
Page 27
November 24, 1992
tn an effort to maintain compliance with changing or new federal or
state statutory requirements relating to the County's personnel mana-
gement system to further assist the Board and the Manager by meeting
various po/icy or operational ob3ectives.
Mr. Ochs referred to the proposed change to the provision relating
to the compensation method on holiday pay for employees who are
required to work holidays and requested that it be withdrawn due to
some discussions that the Human Resources Director had with some of
the field supervisory personnel.
Commissioner Volpe referred to the provision relating to merit pay
bonuses and questioned if it is intended to address the $780 bonus.
County Manager Dorrtll indicated that the pay for performance system
has been cancelled for one year and in the meantime other alternatives
will be developed, but the ultimate alternative as it relates to
general wage ad3ustments and some type of merit for performance
increase is to be decided by the Board, as he does not have the
discretion to approve or make that decision.
Commissioner Volpe read the provision to County Manager Dorrill
as follows:
"Merit pay bonuses may be given in one lump sum payment or
annualized or paid over the course of the year as determined by
the County Manager."
Commissioner Volpe questioned how it could be a decision of the
Board when the po/icy is stating that it is the County Manager's dec/-
ston.
Mr. Ochs responded that this ~s designed to provide flexibility to
limit cost and consider an option for a merit pay for performance
system that is more similar to the bonus arrangement that we are in
this year, so flat dollar amounts could be awarded rather than percen-
tage Increases.
County Manager Dorrill agreed to withdraw that policy for further
review and modification.
Commissioner Volpe indicated that these increases should come back
to the Board as part of the budgeting process and the paragraph should
Page 28
November 24, 1992
be wtthdra~n.
Cosmtss~on~r Norris ~e~ved, ~conded by Cou~ms~oner Natth~es and
c~-~t~du~ni~ousl¥, to adopt Resolution No. 92-629 approving the
r~visto~ to th~ P~r~onnel Rules and Regulations with the additional
ch~n~wsas discussed.
Pa~e 29
November 24, 1992
ORDI~I~,II~I ll~. 92-93 RE PETITION FUD-92-7, DR. R~NO SPAGRA OF ~ORIDA
~ ~1~, INC., ~S~ING ~ ~ ~5TAT~ P~R~H~P,
~ ~A~D ON ~ ~ST S~DK OF C.R. 951 BK~KN 15~ A~ S~ ~
~ ~~ - ~D WI~ CO~ITIORS
Legal notice having been published in the Naples Dally News on
November 4, 1992 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Philip Scheff, Project Planner, referred to the details of the
Executive Summary regarding this Petition. He noted that the subject
property is located at C.R. 951 and Green Boulevard, on the edge of
Golden Gate City and Golden Gate Estates and is zoned Estates but is
one of two commercial tnftll areas located on the Golden Gate Future
Land Use Map.
Mr. Scheff summarized that Staff and all County Agencies recommend
approval of the Petition sub3ect to the conditions in the Staff Report
and the additional condition relating to Permitted Accessory Uses
noted on page 1 of the Executive Summary.
In response to Commissioner Volpe, Mr. Scheff acknowledged that a
market study has not been completed, as commercial infill areas of the
Golden Gate Master Plan do not require a market study.
County Attorney Cuyler advised the Board that this location is
designated within the Comprehensive Plan as being appropriate for com-
mercial as an tnftll, however the size or amount of retail commercial
could be considered.
Dr. Neno Spagna, representing the Petitioner, noted that all the
requirements of the Comprehensive Plan, the Growth Management Plan,
the Golden Gate Area Master Plan and the Future Land Use Element have
been met and added that the Petitioner agrees to meet all the require-
ments set forth by al/ Review Agencies and Staff.
Larry W%~nn spoke to this item.
C~m~tmmt~r $~unders ~oved, seconded b~ Coutsstoner Norris and
c~x~l~~~ly, to close the ~ubltc he.ring.
,oo, OOO,, -230
Pmge 30
November 24, 1992
Co.,htsstoner S~unders ,~vsd, seconded by Co~ateeloner Norris and
carriedun~nA~ou~l¥, to adopt Ordinance No. 92-93 approving Petition
PUD-92-T wab~ect to the conditions rsco~aended by Staff, b~sed on
the concjustor~ of Staff that it ts consistent with the Growth
Plan and pursuant to the advice of Counsel concerning the
u~e of that property, and the Ordinance be entered into Ordinance Book
No. 81.
(42)
RE~OLUTXO~ NO. 92-630 R~ PETITION V-92-22, DAVID S. WIL~ISON, P.E. OF
~ ~ ~ ~ A ~L~ ~ V~I~CE ~ ~ ~QUI~D ~C~E
B~ ~ OF FI~ ~ET TO ~E ~ET ~R PROP~ L~A~D AT 321
~. ~ ~, ~~EE - ~D ~ STI~TIONS
Legal notice having been published in the Naples Daily News on
November lO, 1992, as evidenced by Affidavit of Publication fi/ed with
the Clerk, public hearing was opened.
Bob Mulhere, Planner, reported that the subject property is
located on the south side of West Main Street in Immokalee. He noted
that the Petitioner requests a variance from the front yard setback as
well as the front yard landscaping requirements, however enhanced
landscaping will be placed elsewhere on the site. He presented pho-
tographs of the subject property. He reviewed that the existing auto
parts store was constructed in 1949 and in 196! FDOT took possession
of twenty feet of the subject property for widening of S.R. 29.
Mr. Mu/here summarized that Staff recommends approval subject to
the stipulations listed within Exhibit 'B' of the Agreement.
~.IllAHAoQ~r Saunders ~oved, seconded by Comtselonar Norris and
cazT~eduna~/s~usly, to close the public hearing.
Co~ssioner Volpe ~oved, seconded by Comalestoner Constantine and
c~-rled un~nt~otz~ly, to adopt Resolution No. 92-630 approving Petition
V-92-22 ~zbJect to the stipulations recomended by Staff.
' (xso)
No~'e~ber 24~ 1992
P~fZTZO~ V-92-23, 30HN R. RAI~, INC., REPRES~ITI"ING E. G~GO~ L~,
~ ~ 20 ~ V~I~ ~ ~ ~QUI~D ~0~ Y~ S~ O~
~~ OF ~0 ~ ~ lO ~ET FOR PROP~ L~ATED AT 431 RI~E CO~T
- ~I; ~ DE~ 1, 1992
Legal notice having been published in the Naples Daily News on
November 8, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Commissioner Volpe indicated that the Petitioner is requesting to
continue his Petition for one week to December 1, 1992.
Co~teltoner Saundere ~ved, seconded ~ Cou~asioner Norrie ~d
~r2~ ~2~1~, to continue the ~bllc hearing for Petition
V-92-23 for ~ ~k.
(203)
lt~ ~IOB
~~ ~. 92-631 ~I~ING C~ISSI0~R ~~ ~ ~,
~~ ~. 92-632 ~I~IN~ C~ISSlO~R$ NO~[S ~ CO~I~
~ ~, ~LWIO~ NO. 92-633 ~I~I~G C~ISSIO~ NO'IS ;
~~ V~Z~ ~ VAC~CI;S
Commissioner Volpe confirmed that Commissioner Matthews has agreed
to serve on the Corkscrew Regional Ecosystem Watershed (CREW),
and Commissioner Norris and Commissioner Constantine have agreed to
serve on the Southwest Florida Regional Planning Council (SWFRPC) as
well as the Metropolitan Planning Organization (MPO).
Sum Filson, Administrative Assistant, advised that the Bay
Management Organization will be discussed at the upcoming City/County
Workshop.
Cc~Ntoner S~undere ~oved, seconded by Co~ieeloner Norris and
c~r~t~d~nJ~ou~ly, to adopt Re~olu~on No. 92-631 a~nt~ng
~~~ ~~ To ~he Co~cr~ Reg~o~l Eco~T~ ~er~h~.
~~t~r ~ders ~d, sec~ded~ Co~tlsloner Norril ~d
c~ ~~ly, to mdopt Resolution ~o. 92-632 a~nt~ng
C~t~ Io~il ~d Co~il. ioner Const~ttne ~o the ~t~
000 237
I~ 32
'" November 24, ~992
~iuloner Saunders noved, seconded by Cosmtsstonsr Norris and
cal~Tt~dunall~o~oly, to adopt Resolution No. 92-633
C~t~l~ Io~ts ~d Cmtssioner Const~ttne to the ~tro~ltt~
~i~ ~is ~, seconded ~ Coatsstoner ~tth~ ed
~~ ~~ly, to dtrec~ ~. ltlsa to a~erttse for the
follicle:
~1~ k~ letat~ Citizen A~tsow Coaittee (1)
Conisstoner Saunders expressed that when vacancies on Boards
occur, Ms. Ftlson should be ~ble to proceed to advertise tho~e vacan-
cies without first having to receive direction from the Board
Cowry Co~tsstoners. Co~tsstoner Volpe agreed.
Page 33
November 24, 1992
Regarding the scheduling of the Governance Charter Workshop,
Commissioner Norris requested that the Board receive the materials for
the workshop as soon as possible and to schedule the meeting after the
first of the year. Commissioner Volpe requested that the materials
aA~d information be distributed to the Constitutional Officers as well.
County Attorney CuTler advised the Board that a written review
regarding the South Marco parking lot will be available at the meeting
next Tuesday.
In response to Commissioner Volpe, County Attorney CuTler advised
that he will circulate the memorandum on quasi-judicial proceedings to
the Board.
In response to Commissioner Volpe, County Attorney CuTler agreed
to distribute the Litigation Status Report among the new members of
the Board.
ess CcmlaAmio~er Constantine ~oved, seconded b~ Commiamtoner
Matthe.~ ~d carx'ted unaniml¥, that the following items under the
con~e~t mgendm be approved and/or adopted: ***
Item #1~A1
R~OL~YIO~ 92-~20 APPROVING FOR RECORDIN~ THE FINAl, PLAT OF ~R~PLAT OF
PKRY O~NAY~I~ OAK~ &~ k'YNDEM~RE' - ~UBJECT TO S~IPULATION~ CONT&II~D
See Page ,4 J~;~
Zt~ ~1812
AOtr~l~f~ OF NATHR FACILITIES FOR TALL OAKS OF N~LES, ~E I-B -
~ ~~O~ ~ D~AILED IN ~ ~C~I~ S~
ox Book 179/ Pages~-~~5-- ~Z~
Irma ~1~
ACC~3~T~ OF NA~ FACILITIES FOR CYPRESS HEAD A/K/A STERLING OAKS -
~ ~lq~ATZON~ A~ D~AILED IN ~ ~I~ S~
OR Book Pages
NOTE: ~ NOT RECEIVED IN CLERK TO
~n__~3_n OFFICE AS OF 1/8/93'***
APPIRK)V~ HR I~CORDING THE FINAL PLAT OF "THE OLD GROVES ROAD" - WITH
~TZPq]LATZON~ A~ DETAILKD IN THE EXECUTIVE SU~9~K~Y
Page 34
~'I'ALI, I:B~ IIILTKItS" LOCATED
': $10~000 . :
November 24, 1992
OF~'~'qTRI'TY FOR EXCAVATION PE~q~T NO. 59.360
"R0~D AT
8, T503, R26K - IN THE A NOUNT 0F
See Page
Zta
'. R~:~UT~OII 92-622, FINAL ACCEPTANCE OF THE ROAI~AY, DRJtINAG~,
'~ .MID ~ I'~PROV~I~Tf~ FOR THE FINAL PLAT OF "PALKETTO RIDGE"
92-623, RECORDING OF FINAL PLAT OF 'PEBBLE SHORES' - kITH
lis DFfIILED IN ~ EXECUTIVE 8UI'KIIRY
~Zt~ eltlLlO
UTILZTI~ ACCEPTANCg A~EE~,~I~ FOR CORAL ISLI~ - PHASE
' i' See Pages t~-Yr~.: ~ ~IT P~E~ ~1~ CLEI~ TO BOARD 0F~C~
,.,':.. , AS O~ 1/8/93-~-~-~-
:'.:, Itu ~6B1
~ ~ ~L~ATZNG ~ ~ ~O~C~ ~R ~ 1992/93
:B~D.'~'92-1938 FOR DORASBAN RESCXNDKD
TO
HELENA
CIlXMICAL
~~ ~ ~ ~ OF 836.79 ~R ~
~ODU~
See Pages ~NUi~: ~ NOT RECEIVED IN CTKRK TO BOARD
OFFICE AS OF 1/8/93~A~AAA
} :' II~G~ O~ P~Sl TO PAY ARD l~ TO ~ PAYI,,~NT OF SKMNR
See Pages
:.:::~'i IOTIC~ OF I~tOI~SZ TO PAY AND AGRE~ TO ]EXTEND PAYM~Tr OF SEN~R
':::~i ZMPACT ~ flOR EJUtOLD E. ~IMBACK
'!: IlOT::I:~'~I O~ PRC~IISg TO PAY AND AGP~3~F TO EXTEND PAYMENT OF SEWER
See Pages
~ W. ~- ~SOR OF ~K~/ONS
See Pages
.:. ~00X PA~[ Page 36
~!~',.~::,~ . %" :
November 24,
AU~ 6, 1991
1992
See Pages
I~CO~IlDI~&T"/OII TO R~COG*R/ZE FUNDS RT. LD IN All E$CRCM &CCOURT ARD
'~.','~ ~ OF FUlrD~ Ill'TO & PRO,.TgCT ACCOURT FOR US~e AS D~lrGN&TND - FUND
' $06 TO &II'~M:YP~T~ $:137,000 FOR: CORI:LIR po'rRT PRO31CT
M~~MI~ O~/~ND~NC~ - FILED &lID/OR
The fo~lowtng miscellaneous correspondence was filed and/or
referred as presented by the Board of County Commissioners:
000. , .242
Page 37
IXTRA ~IL1L3F, TXME FOR IJlMATK ~OS. 63814,
November 24,
45352, A~D 52~43
3992
63'2
!~SAI~AC~xo~ OF LXEI~ ~OR SERVXCES Or ~ PUB~.XC DEI~DER
Xte, m
r.~lkTX~'JIg"t~ OF 'r.x'~]l '[x)col, Ixlr/~ Y/T..KD AGA'TRST ~ PROFKRTY FOR ~
There being no further business for the Good of the County,
meeting was adjourned by Order of the Chair - Time: 5:50 P.M.
the
BOARD OF COUNTY CONMZSSZONERS
BOARD OF ZONING APPEALS/EX
o~zczo GOVSR~ZN~ ~O~DCS)
S~SCZAn D~STR~CTS UNnSR ZTS
by the Board on
or as corrected
~,OOK
000. 213
Page 38