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BCC Minutes 09/13/1994 R Naples, Florida, September 13, 1994 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.N. in REGULAR SESSION in Building "F' of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Timothy J. Constantine VICE-CHAIRMAN: Betrye J. Matthews John C. Norris Michael J. Volpe Burr L. Saunders ALSO PRESENT: E/lie Hoffman, Sue Barbtretti and Martlyn Fernley, Deputy Clerks; Nell Dorrtll, County Manager: Ken Cuyler, County Attorney; MarJorte Student and Hetdt Ashton, Assistant County Attorneys: George Archibald, Transportation Services Administrator; Bill Lorenz, Environmental Services Administrator; Tom Olltff, Public Services Administrator; Mike Smykowskt, Acting Budget Director; Robert Mulhere, Acting Current Planning Manager; Tom Conrecode, Office of Capital Projects Management Director; Hike McNees, Acting Utilities Administrator; Dick Clark, Community Development Services Administrator; Norris IJams, Emergency Services Administrator; David Russell, Acting Solid Waste Director; Tom Bartoe, Code Enforcement Supervisor; Chahram Badamtchtan, Ray Bellows and Ron Ntno, Planners; Fred Bloetscher and Jerry Neal, OCPM Project Managers; Dtane Flagg, Emergency Services Education Quality Control Manager; $gt. Rosa Hernandez-Whtte, Sherlff's Office; and Sue Ftlson, Administrative Assistant to the Board. Page September 13, 1994 Tape ~o~ ltea AOI]ID& - APPROVXD WITH CHAITOKS CometssiGner Matthe~s moved, seconded by. Commissioner Norris and carried unanimously, to approve the agenda with the changes as detailed on the Agenda Change Sheet, and the following additional 1. Item #9B - Discussion of the Board's current policy on extra gain time - Continued to 9/20/94. Item #10D - Authorizing Extra Gain Time for Inmate A# 35815 and A# 58258 - Continued to 9/20/94. Item 84D - Proclamation to the Golden Gate Community - Max A. Hasse, Jr. Day - Added. Page 2 September 13, 1994 (19o) Item #2A CONSINT kOXltD~ - APPROVEDAND/OR ADOPTED The sotIon for approval of the consent 8genda Is noted under Item #16. (163) Item #3 MINUTES OF THE AUGUST 15, 1994 SPICIAL MEETING AT PELICAN BAY - AFFROVED Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously, to approve the Minutes of the August 16, 1994 Special Me~tlng at Pelican Boy, (160) Item #4 APPRECIATION TO FR/U} BLOETSCIiXR Commissioner maunders announced that this is Fred Bloetscher's last meetlng with the Board of County Commissioners. He noted that he will be attending the University of Mlamt to work on his PhD. Commissioner Saunders recognized Mr. Bloetscher as a team player and noted that he assisted the County in receiving four awards from the National Association of Counties (NACO). He revealed that the Water Conservation Plan received a NACO award in 1994= the North County Regional Water Treatment Plant received an achievement award in 1994; Evaluation of Private Sector Utilities in Collier County received a NACO award in 1994; and the Water/Sewer District Annual Report 1992/93 was selected for a NACO award In 1994. Commissioner Saunders thanked Mr. Bloetscher for his efforts and affirmed that he will be missed in Colller County. (220) Item INPLOYI~ SIRVICE AMARD - PR~S~IeTID TO K~VZN Commissioner Saunders presented Kevin Rogan with an Employee Service Award. He thanked him for hie five years of service with Collier County government in the Solid Waste Department. Page 3 September 13, 199· (235) ltes#4B DGrLOYII OF T!~ II01TH FON SZPTZMB!~, 1994 - HART BSCll RICOGIIIZ~D Commissioner Matthews congratulated Mary Esch o~ the Animal Control Department for being selected as Employee o~ the Nonth ~or September, 1994. She presented her with a plaque in appreciation and reco~nition and a $50.00 cash award. (314) Item #4C PROCLAMATION D~I~IATING SZPTIXBZR 19-23, 1994 AS INDUSTRY AFFJtICI&TIONWZIX - ADOPTE Upon reading of the proclamation, CoaaiseAoner Volpe moved, seconded b~ CoaaAsetoner Natthews and carried unanimously, that the Proclamation designating the week of September 19-23, 1994 as Industx~ Appreciation ~eek be adopted. Mr. Scott Cameron accepted the Proclamation on behalZ of the Economic Development Council and thanked the Commission for their con- tinued support and efforts to attract quality industries in Collier County. Page · September 13, 1994 (S75) ltaB PROCLAMATION DKSXGNATINO 2KPTINBZJt 13, 1994 AS MAX A. WOK, JR. DAY - Commissioner Constantine announced that today is the former Commissioner Max Hasse's 79th birthday. As a token of appreciation for service to the Golden Gate com- munity, Commissioner Constantine presented Mr. Hasse with a Collier County flag. Upon reading of the proclamation Commissioner Constantine moved, seconded by Comml$eloner Volpe and carried unanZmously, that the Proclamation designating September 13, 1994 as Nax A. bee, Jr. Day be adopted. Mr. Hasse accepted the proclamation and expressed his appreciation to the Board of County Commissioners, and the citizens of Collier County, particularly the Golden Gate community. Page 5 September 13, 1994 (497) Item#B& BUDGET &MKMIIIIITS 94-380; 94-585; 94-616; 94-627; 94-6312 94-651/652 Actlng Budget Director Smykowsk~ requested approval of seven budget amendments as shown in the agenda packet. Commissioner Matthews moved, seconded by ComuJse~oner/orrJe and carried unanimously, that Budget Amendments 94-380; 94-585; 94-616: 94-627; 94-631; 94-651/652 be adopted. (510) Item #Tk ROBERT 0. HI!I~S RKQUKSTING WATER SERVICK AT 60 FOUIITAIN CIRCLI, NAPLES, FLORIDA - TO BI PLACKD ON OCTOBER 4, ~994 AGE]IDA County Attorney Cuyler advised that he provided a memo to the Board, and noted he is unable to offer an opinion at this t~me w~th regard to Mr. Hines' request relating to the assjgr~nent o5 a lien. He cited concern that there is a priority position as a governmental entity. He reported that he is o~ the opinion that the priority posi- tion may not be assigned to a private entity that has been acquired by the governmental entity. County Attorney Cuyler suggested that this ~tem be continued to the meeting o~ October 4, 1994, to allow staf~ the opportunity to research this aspect. Mr. ~obert Hines stated that he concurs with County Attorney Cuyler's suggestion with regard to a continuance. The consensus of the Board was that th~s ~tem be continued October 4, 1994. (575) Item #881 SUBJECT TO PIIlDING POLICY, RKCO!~!EIIDATION TO CONSIDKR THE "COLLIER/NAPLKSCAP~ 90'S PROPOSAL FOR THK MKDIAN LANDSCLPINO OF C.R. 846 (I)I40EALKK ROAD) FROM U.S. 41 TO C.R. 31 (AIRPORT ROAD) - STAFF TO K]ITKR I!rfo A TWO PARTY AGREI34X]IT MITii COLLID ~lSZS MID COMK Transportation Services Administrator Archibald explained that this item involves a proposal ~or the landscaping o~ a segment of Page 6 September 13, 1994 Inunokalee Road. He indicated that Collier/Naplescape '90's (C/N) has put forth a lot of effort in attempting to provide for the landscaping of that project by securing private sector funding. Nr. Archibald advised that C/N is looking at the Immokalee Road four mile corridor in phases. He noted that the first phase as con- tained in the proposal being presented will extend from U.S. 41 to Goodlette-Frank Road for a distance of approximately one mile. Hr. Archibald stated that the second phase will include another mile between Goodlette-Frank Road and Airport Road. Hr. Archibald affirmed that the proposal suggests a two-party agreement which involves private sector funding of approximately 50~ of the design cost and the installation cost of median landscaping of the first phase. He pointed out that the first phase contains 122,000 square feet of landscaping. Hr. Archibald related that the costs outlined in the proposal are representative of an improvement to a signature roadway. He noted that the estimated cost for the installation of landscaping is $267,500. He revealed if this cost is shared 50~ by the County and 50~ by the private sector, the County~s share will be approximately $133,750. Mr. Archibald stated that the landscaping will be installed and maintained by the development community through the upcoming year with the maintenance cost of approximately $25,000 to be reimbursed. Mr. Archibald remarked that If so directed by the Board, staff will prepare the two-party agreement which will provide for sharing of the cost for installation, operating and maintenance of the landscape Improvements for the first year, and reimbursement. Mr. Archibald cited that the only revenues readily available to the Board to consider financing this project would be from general fund reserves for FY 94/95. With regard to the public/private partnership, Commissioner Volpe questioned whether this would be an arrangement where the County would undertake the actual construction through the competitive bidding pro- Page September 13, 1994 cess and reimbursed one-half the cost by the private sector. Mr. Archibald replied that the design and installation would be provided by the private sector with a partial reimbursement. He noted that the two-party agreement would include provisions for operation and maintenance of the median area for a given period of time on a reimbursement basis utilizing the cost data in the proposal. Mr. Archibald explained that there would be a cost of $50,000- $80,000 to the County tf the maintenance work is contracted out for FY 94/95. He remarked that the $25,000 commitment from the private sec- tor would represent a significant savings to the County. Mr. Mike Bruet of Collier'e Reserve revealed that the maintenance for this project will be done with the in-house golf course main- tenance crews and equipment. The following persons spoke with regard to this item. George Betnet John Krueckeberg Justyna Ford Chris Straton Comaiselonmr Volpe moved, seconded by Comaalsstoner Norris and carried unanimously, that staff be directed to prepare and bring back to the Board a two-party agreement between the County and Collier XnterpFAsel. (1341) Ztsm #~O1 RICOIIIEND&TZONt~Jk~H] BO&RD O~ COg3~ COlelZSSZONIR8 &IJTI!ORIg MODIFICATION TO OPIRATING SCHNDULIS FOR 8OLZD NASTI TRANSFIIt STATIONS -APPROVID Commissioner Constantine recalled that this item was discussed In May. 1994 and direction was given to staff to survey the Carnestown customers. Acting Solid Waste DIrector Russell affirmed that staff conducted a survey with customers in the Carnestown area. He revealed that the majority of the customers concur with the modification schedule as long as a minimum of a one day per week operation is maintained. Commissioner Matthews moved° seconded by Commissioner 8lunglira and Page S September 13, lgg4 carried unanimously, to reduce the operating schedule at the Camecrown Transfer Station to Monday only operation and adjust the closing days at the Naples and Marco Transfer Stations to Sunday and Monday. (1368) Item #862 AUTHORIZATION OF A PILOT PROGRAM TO ADD WEEKLY YARD WASTE PICK-UP - APPROVID; STAFF TO I~PORT BACK TO TH~ BCC IN SIX NONTHS Acting Solid Waste Director Russell explained that this item is a request for the Board to authorize a six month pilot program for weekly yard waste pick-up rather than the current monthly yard waste pick-up. He indicated that this program will be county-wide and will improve the current service. In response to Commissioner Norris, Mr. Russell noted that there will be some modification of current pick-up schedules, however, there will be communication with each and every customer to advise of same. County Manager Dorrill remarked that there will be a total of four pick-ups per week: two garbage, one recycling, and one yard waste. He pointed out that all original conditions for yard waste still apply. Mr. Michael Kennedy, Waste Management of Collier County President, stated that he believes the efficiency of spreading out waste pick up will pay for itself. He indicated If there is a change in the pat- terns of useage i.e., a dramatic increase in tonnage, he may have to come back to the Board for additional funding. Mr. Kennedy pointed out that this program does not Include tree removal services. CoatlMloner Matthews moved, seconded by Commissioner Volpe and carried unanimously, to approve the six pilot program as proposed, and staff to come back to the Board in six months. (1735) Item #8El COIlTRACT FOR PROFESSIONAL SERVICES FOR INVESTIGATION AND DESI~II OF ADDITIONAL RAW WATER SUPPLIES AND ~ WELLFIELD TO PROVIDE FEXEX4ATER FOR THE EXPANSION OF TEE NORTH COUNTY REGIONAL WATER TREATMENT PLANT - RFF 194-2223 - AWARDED TO MISSIMER INTERNATIONAL IN THE AMOUNT OF 8750,100 September 13, 1994 Fred Bloetscher, Project Manager, advised that this item is a request to award a contract for hydrogeologlcal services. He recalled that modeling of the Golden Gate wellfield Indicates that the total yield is in excess of 50 million gallons, however, this is shared with the CIty. He noted that the capacities of the combined consumptive use permits are approximately that amount. Mr. Bloetscher explained that in 1989, the Board of County Commissioners changed the Master Plan to build a membrane softentng plant and noted that the North County Regional Water Treatment Plant has basically been completed. He remarked that membrane softentrig provides better water quality. Mr. Bloetscher stated that the membrane plant was designed to treat multiple drinking water sources through the membrane softenlng/reverse osmosis process. He affirmed that current demands on the system vary between 10-20 HGD during peak season. He affirmed that In the future, the system will be at the 24 HGD capacity. Hr. Bloetscher reported that there were two responses to the RFP for this raw water source Investigation and wellfield design: Vtrogroup and Mtsstmer International He noted that Mtsstmer International is the top ranked firm. Mr. Bloetscher indicated that the proposed contract involves approximately $323,000 tn fees which will be expended within the next 15-18 months. He noted that the remainder of the contract is asso- ciated with drilling costs. In response to Commissioner Volpe, Mr. Bloetscher revealed that he has not discussed this proposal with the City of Naples since they do not have a reverse osmosis plant or membrane softening plant and they would need to construct a facility to utilize this water. Mr. Bloetscher explained that the first phase of the contract will allow the County to expand the North County Plant from the current 12 MGD membrane softentng to 20 MGD: 12 MGD membrane softentng and 8 MGD reverse osmosis. Cmieetoner Norris moved, seconded by Commissioner maunders and Page 10 September 13, 1994 carriedunanisously, to award the contract for profesatonal services for investigation and design of additional raw water supplies and new wellfield to provide feedwater for the expansion of the North County Regional ~eater Treatment Plant to Nlssimer International in the asount of 8750,100. Page 11 September 130 1994 *** Recessed: 10:30 A.M. - Reconvened: 10:45 A.M. at which time Del~ut~ Clerk Barblrettl replaced Deputy Clerk Hoffsau *** (2662) Item #1Ok RESOLUTION 94-674 RE APPOINTIGNT OF JOHN T. CONROY, JR. AND WZLLIAN J. REAGAN TO TH~ COLLIER COUNTY HOUSING FINANCE AUTHORITY - ADOPTED In response to Commissioner Norris, Administrative Assistant to the Board Fllson replied that there are two vacancies and two appli- cants. In response to Commissioner Constantine, County Attorney Cuyler replied that he has noted in the ordinance that not less than three of the members shall be knowledgeable in one of the following fields; labor, finance or commerce. He said that is the only requirement. Commissioner Volpe moved, seconded by Commissioner Norris, that John T. Conroy, Jr. and William J. Reagan be appointed to the Collier Cognt~ Housing Finance Authority. Upon call for the question, the motion carried 3/0 (Commissioners Saunder8 and Natthee out), thereby adopting Resolution 94-674. Page 12 September 13, 1994 (2725) Item #10B RESOLOTIOR 94-675 M APPOINTMENT OF MARY LYNN HAA~ AND TXD HARROLD TO TBX SOUTHWEST FT~ORIDA PRIVATE INDUSTRY COUNCIL, INC. - ADOPTED Administrative Assistant to the Board Fllson stated that the Southwest Florida Private Industry Council, Inc. have submitted names for the appointments. Commissioner Norris moved, seconded by Coutssloner Volpm, that Mary Lynn Haas and Ted Hartold be appointed to the Southwest Florida Private Industry Council, Inc. Upon call for the question, the motion carried 3/0 (Commissioners Saundsrs and Matthews out), thereby adopting Resolution 94-675. Page 13 September 13, 1994 Xtem #XOO RESOLUTION 94-676 RE APPOINTMENT OF WILLIAM R. SNAPP, IIl AND SiI~LDON REED TO THE INERGENCY MEDICAL SERVICES ADVISORY COUNCIL - ADOPTED Administrative Assistant to the Board Fllson explained that she placed this item on the agenda so that the Board could confirm these appointments so that there will be a quorum in order to make recommen- dations for additional vacancies. Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimouoly, that William R. Snapp, III and Sheldon Reed be appointed to the XmmrgencyNmdtcal Services Advisory Council, thereby adopting Resolution 94-676. Page 14 September 13, 1994 (2809) PUBLIC C(:3IQIZNT - ZI,'IILY MAGGIO lltg M"IAC AG~,31DA IT!ON Emily Maggto stated she was informed that the County'e Management Plan for Barefoot Beach Preserve was placed on the LMAC Agenda. She said that the part of the Agenda that disturbs her the most is that the Agenda states that the Board of County Commissioners, with the exception of one member, supports the proposed plan. She stated that there has been no public hearing. She said that the Board should take formal action to advise the State that the Board has not con- sidered the proposed plan. Commissioner Constantine announced that the Board has not taken a formal position on this issue. County Manager Dotrill stated that the current Management Plan requires the County to submit survey data to State Staff. He explained that the State requested that the County comment on the pro- posed amendments. He reported that the last sentence of County Staff's response states "However, before this plan could be imple- mented it would require the approval of the County Manager and the Board of County Commissioners". He said that he is trying to deter- mine whether County Staff should be in attendance at the LMAC meeting scheduled for September 15, 1994. Commissioner Constantine said that the final paragraph in the Agenda Item is misleading. In response to Commissioner Norris, Commissioner Constantine replied that he assumed that LMAC Staff made the statement regarding the Board of County Commissioners support. Commissioner Saunders suggested that the Board send a letter stating that the Board has not officially considered any changes to the County Management Plan. Commissioner Norris stated that the letter should be phrased to emphasize that the Board has not taken a prejudicial stance on this issue. 71_' Page 15 September 13, 1994 ditions to the Management Plan such as exotic tree removal and sur- veying park visitors. Commissioner Matthews suggested that the letter also request that the County Management Plan be removed from the L~AC agenda. It was the consensus of the Board to write a letter requesting that the item be removed from the agenda. Page September 13, 1994 (3372) Item #12B2 ORDINANCE 94-41 R] PETITION PUD-80-40, GKORGK VARNADOK OF YOUIWG, VANASSRIWDKRP, VARNADOK & BENTON, P.A. RKPRKSKNTINO JOHNSON BAY DKV~,OPM~NT CORPOJt&TION FOR AN AMENDMBNT TO THE MARCO SHOI~S PUD, ORDINANCE NO 85-56 FOR THE PURPOSE OF REVISING THE BIGHTS OF BUILDIN8, INTRODUCING NEW DKVKLOPMENT STANDARDS FOR HIGH RISK BUILDINGS AND LOWERIN0 THE OVKRALL NUMBER OF AUTHORIZKD KNELLING UNITS FOR THE MARCO SHORES COUNTRY CLUB PUD- ADOPTBD WITH STIPULATION Legal notice having been published in the Naples Daily News on August 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Sins stated that this item proposes to amend the Marco Shores Country Club PUP. He said that the Exhibits included in the Executive Summary iljustrate the location and estuary conditions that surround the property. He said that the PUP intends to increase the allowable building height in one multiple family tract, which is the most westerly tract, from seven stories to twenty stories. He said that the amendment proposes to reduce the building heights from seven stories to three stories on the most easterly parcel of the tract. He stated that the amendment would also reduce by 400 dwelling units the total number of authorized dwelling units within this PUD. He explained that the amendment would eliminate the 3.9 acre commercial tract and reduce the number of undeveloped residential parcels to two tracts. He said that the petition is consistent with the Growth Management Plan. He stated that the CCPC recommended approval with the stipulation that the developer would construct five twenty story towers. He concluded that no person that had invested in the Marco Shores PUD would be adversely effected as a result of this amendment. Tape #3 George Varnadoe, representing the petitioner, stated that this is a Doltone Project that began An 1971. He said that the golf course was built in 1973. Mr. Varnadoe presented an aerial photograph that depicted the location of the project. He said that the project is vested as a result of a settlement agreement between Deltona, Collier County, the State of Florida and environmental groups. He indicated Page 17 September 13, 1994 that there are 1980 units currently vested for development along with a 3.9 acre commercial parcel. He said that the PUD has one residen- tial district that allows for seven stories over multi-family units. He stated that he believes that the proposal will be a significant improvement to benefit the County. Attorney Varnadoe stated that a presentation was held on site which was well receiveu Oy the resiUen~. . ........... ~ majority of the Mainsail and Tropic Schooner Condomintum Associations were in favor of the project. He said that he has met with the Executive Director of the Airport Authority. He reported that Mr. Drury has no objections to the project. He stated that the CCCP unanimously endorsed this petition. Mr. Varnadoe indicated that commitments have been made to the unit owners in the event that this petition is approved. He explained that the access to the property is a four lane divided road. He said that the developer has promised to landscape the median. He stated that the second commitment is to improve the parks and common areas. He explained that the issue of lake access and use of motortzed craft on the lake was brought up in conjunction with the Mainsall Condominium Association. He said that the developer has committed to work with the Association to try to make the lake a private lake and to restrict any motorized craft from the lake. He said that if the 20 story heights are approved, the developer has agreed to restrict the number of buildings to five. He said that the last commitment has to do with the golf course. He explained that the golf course presently allows daily fee play or public access. He said that the petitioner has com- mitted to retaining the ability of unit owners to access the golf course on a daily fee basis. In response to CommJssJoner Matthews, Mr. Varnadoe described the location of the five proposed twenty story bu$1d~ngs on the aerial map. He confirmed that no low rise buildings will have their view obstructed. In response to Commissioner Volpe, Mr. Varnadoe explained that a Page 18 September 13, 1994 water treatment facility is on site. He stated that the facility has a capacity of 720,000 gallons per day which will be sufficient to serve the entire project. He reported that Southern States Utilities has a sewer treatment plant on site. In answer to Commissioner Volpe, Attorney Varnadoe replied that C.R. 951 is presently two lined in this area. He reported that in August 1994, the State signed a contract for the surcharging which will take approximately 300 days. He said that the contract for four lining is scheduled for January 1996. Commissioner Constantine closed the public hearing. Commissioner Norris remarked that this PUD amendment will reduce the number of units and raise the quality in the area. CoBBlesiGner Norris moved, seconded by Commissioner Volpe and carried unanimously, to approve Petition PUD-80-40(2), thereby adopting Ordinance 94-41 as entered Into Ordinance Book 67. Commissioner Norris moved, seconded by Commissioner Voape and carried unanimous/y, that the motion be amended to add the stipulation that the number of twenty story buildings be limited to five. (786) Item elSB3 ORDINANCE 94-42 R~ PETITION PUD-83-17(7), BARBARA H. CAMLEY OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING WILLIAM T. HIGGS REQUESTING AN AMB~WIM4EItT TO THE BERKSHIRE LAKES PUD, ORDINANCE NO. 83-46 AS AMENDED, FOR THE PURPOSE OF REVISING THE MASTER PLAN FOR PARCEL E, TO MODIFY THE NUMBER OF SINGLE FAMILY DETACHED HOUSING UNITS TO MULTIPLE FAMILY HOUSING UNITS TO AMEND OTHER SECTIONS IN IN THE BKIt~SHIRB LAKES PUD - ADOPTSD Legal notice having been published In the Naples Dally News on August 24, 1994, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Commissioner Constantine announced that Items #12B3, 812C5 and 812C7 will be heard concurrently. Planner Ntno stated that this petition will amend the Berkshire Lakes Development Order and PUD Document. He said that this ts an application to reduce the number of multiple family units by 306 units and to Increase the number of single family units by the same Page 19 September 13, 1994 amount which will hold constant the total number of dwelling units to 4,200. He said that this petition also seeks to redesign the layout of Internal streets in Parcel E. He mentioned that in the process of redssigning Parcel E an additional street connection will be created with Radio Road. He explained that this petition is consistent with the Growth Management Plan because the density is not be affected. Mr. Ntno stated that in terms of the threshold requirements for Determination of Substantial/Insubstantial, the total change does not meet the threshold requirement that would require additional develop- ment or regional impact review. Planner Ntno reported that the Department of Community Affairs (DCA) have "waffled" on this issue. He said that at this point in time Staff assumes that they feel the change is Insubstantial In nature. Mr. Ntno stated that the CCPC unanimously recommended approval of this petition. County Attorney Guylet suggested that the Board vote on Item #12C5 first. Commissioner Constantine closed the public hearing. (993) C~taaAoner Saundera moved to approve PetttAon PUD-63-1(2). In response to Commissioner Matthews, Mr. Ntno stated that PUD amendment addresses the latest response to the hurricane evacuation commitments. He referred to page 50 of the Executive Summary for Item #12C7. Barbara Cawley of Wilson, Miller, Barton & Peek, Inc., confirmed that a hurricane plan has been established and presented to Ken Plneau, Collier County Emergency Management Director. She stated that three locations have been designated to date which total 6,344 square feet. She said that the agreement requires 11,2OO square feet and the remaining footage will be in Parcel E. She stated that generators and shutters have been provided. Cmismioner Matthews seconded the motion. Page 20 September 13, 1994 Upon call for the question the sotion carried unanimously, thereby adopting Ordinance 94-42 as entered into Ordinance Book 67. Item #12C5 RESOLUTION 94-677 RE PETITION NO. DOA-94-3, RESOLUTION OF THE BOARD OF COUNTY COWI(ISSIONKRS OF COLLIER COUNTY DETKRMINING THAT REVISIONS TO THE BERKSHIRE LAKES DEVELOPMENT ORDER DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION REQUIRING FURTHER DFV'KLOPMENT OF REGIONAL IMPACT RXVIKN - ADOPTED Legal notice having been published in the Naples Dally News on August 28, 1994 as evidenced by Affidavit of Publication filed with the Clerk, public hearlng was opened. This 1tam was heard in conjunction with Items #12B3 and #12C7. (See above}. (973) Commissioner Constantine closed the public hearlng. Ccsslsslonsr Saunders moved to approve Petitlon DOA-94-3 Indi- cating that this amendwent Is not a substantial deviation. Seconded by Cmlsslonmr Norris. Upon call for the question, the motion carried unanimously, thereby adopting Resolution 94-677. Page 21 September 13, 1994 Ztea#12C7 RESOLUTION 94-678 AND DEVELOPMENT ORDER 94-3 RE PETITION DOA-94-3, BARBARA CAMLEY OF WILSON, MILLER, BARTON AND PEEK, INC., REPRESENTING WILLIIX T. HIGGS REQUESTING AN ANENI:N~.NT TO THE BERKSHIRE LAX/S DEVEI,OPMX31T OF I~GIONAL IMPACT DEVELOPNENT ORDER 83-1 AS AIGNDED, FOR THE FURPOSE OF ANENDING A PORTION OF THE OVERALL NASTER PLAN FOR TRACT E AND TO REINFORCE THE FACT THAT THE BERKSHIRE LAKES PUD ORDINANCE NUMBER 83-46 AS AMENDED IS PART OF ~ DI~FELOPNENT ORDER BY RI~RKNCE - ADOPTED Legal notice having been published tn the Naples Daily News on August 28, 1994, ae evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. This Item was heard in conjunction with Items #12B3 and #12C5. (See above). Commissioner Constantine closed the public hearing. Comtssloner Ssunders moved to approve Petition DOA-94-3, seconded by Commissioner Natthemes and carried unanimously, thereby adopting Resolution 94-878 end Development Order 94-3. Page 22 September 13, 1994 Item #12B4 0RDINAIICE 94-43 Ra PUD-89-33, 6EORGE BOT)IZR, ASLA, OF lIAR)ION, O'DONNEL & !IXITIIINGKR, INC,, REPRESENTING EMERALD LA![ZS JOINT V~NTUR~ ItSQUESTING A RZZ011Z FROM "A" RURAL AGRICULTURAL DISTRICT TO "PUD" FOR A MIXED USE RESIDIIITIAL PROJECT TO BE KNOWN AS LANDS END PRESERVE ON THK WEST SIDE OF BAREFOOT WILLIAMS ROAD - ADOPTED Legal notice having been published in the Naples Daily News on August 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Nino explained that this petition concerns the Lands End Preserve and described the location of the property. He stated that the project will consist of 786 dwelling units on 263 acres of land for a density of 2.99 dwelling units per acre. He said that this den- sity is consistent with the density rating system of the Growth Management Plan. He reported that the petition was reviewed by the Environmental Advisory Board and their concerns are incorporated into the PUD. He said that the CCPC unanimously recommended a phased deve- lopment approval. He explained that some of the local streets are not up to County standards. He indicated that the CCPC recommended that approval be given to a dwelling unit mix that has the equivalent value of 900 average daily traffic movements. Commissioner Volpe remarked that there are provisions included that allow for interim Agricultural Use of the property. He asked if the Agricultural Use would be allowed up to the time that a building permit was pulled? Mr. Nino replied in the affirmative. In response to Commissioner Volpe, Mr. N/no replied that Staff considers Barefoot Williams Road near collector status and concluded that a church or Adult Congregate Living Facility (ACLF) would be a compatible land use. Commissioner Norris remarked that he shares Commissioner Volpe'e concern regarding the Agricultural Use. He asked when it will ter- minate? George Botner, representing the petitioner, replied that the pet/- Page 23 September 13, 1994 tioner has not applied for an Agricultural exemption. He said that they are in agreement with the provision which would prohibit the abi- lity to apply for an exemption following the first building permit. Commissioner Norris stated that he would prefer that the peti- tioner forego any Agricultural exemption at the time a fezone is requested? Mr. Bother explained that another stipulation that has been agreed to is a year's worth of water quality monitoring before excavation begins. He said that prohibits any development for at least a year. In response to Commissioner Norris, Mr. Bother agreed to accept the Agricultural exemption for the first year of water monitoring. Mr. Bother stated that the EAB had some concerns but they were resolved. He said that they have met with Rookery Bay Staff to insure that they had no concerns regarding the petition. He encouraged the Board to support the petition. Planner Nino noted that this PUD Document has some citation corrections that need to be made. In response to Commissioner Norris, Mr. Ntno reiterated that the density is 2.99 dwelling units per acre. Commissioner Constantine closed the public hearing. Cosuttsmioner Norris moved to approve Petition PUD-29-33 with the stipulation that the Agricultural exemption ha kept for · one year period to co~plmtm the water quality monitoring efforts, and st that time the Agricultural exemption will lapse. Commissioner Saunders stated that there is no ongoing Agricultural operation at this time, therefore, they have no Agricultural exemp- tion. Commissioner Saunders suggested that the petitioner be able to apply for an Agricultural exemption for a period of one year because the assessment will be based on the zoning classification that is being approved. Comm~Seloner Norris withdrew him motion. Commissioner Norris moved to approve Petition FUD-29-33 with the Page 24 September 13~ 1994 stipulation that after 1995, agricultural use of the property will be prohibited and with the citation corrections as noted by Staff. Seconded by Commissioner Natthaws. Upon cmll for the question, the motion carried thereby adopting Ordinance 94-43, as entered Into Ordinance Book 67. (1806) Item #12Cl ORDINANC~ 94-44 AND RESOLUTION 94-679 RE BILLING AND COLLECTION FROCEDOleI FOR COUNTY PROVIDED ANBULANCK AND ENIRGENCY NEDICAL SERVICES; PROVIDING FOR FINDINGS AND PURPOSE; PROVIDING FOR APPLICABILITY; PROVIDING FOR RATES, FEES AND CHARGESI PROVIDING FOR laDICAID BILLINGS; PROVIDING FOR NEDICARE AND OTHER THIRD PARTY BILLINGS; PROVIDING FOR ALTERNATIVE NETHOD~ OF PAYNINT; PROVIDING CIVIL ACTION PROCEDURES; REPEALING IN PART, PREVIOUSLY ADOPTED ORDINABCES/RNSOLUTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE - ADOPTED Legal notice having been published In the Naples Dally News on August 24, 1994, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Diana Flagg, Emergency MedtcaI Services Education Coordinator, stated that this petition expresses the desire to set a standardized fee of $250.00 and to accept Medtcare assignment for EMS transport. In response to Commissioner Matthews, Ms. Flagg replied that EMS is discussing an agreement with Naples Community Hospital to use part of the resources that they provide to Increase collection. She said that an item will be placed on next week's agenda regarding utilizing the NCH resource relative to EMS billing. She said that the proposal will address how the billing Is done utilizing the demographic Information that they are able to obtain tn a hospital setting. County Manager Dorrtll reported that his Staff Is Investigating the possibility of prlvattztng EMS billing. In response to Commissioner Norris, Ms. Flagg replied that the millage rate to .20 mils, the result is that on a $100,000,00 resi- dence the rate will be approximately $20.00 per year before Homestead Exempt tons. Commissioner Constantine closed the public hearing. Commissioner Volps moved to approve the Ordinance to be known am oo,, 000 156 P~m 26 SepteRIMr 13, lgg4 the billing and collection procedure for County provided ambulance and emergency medical services; providing for findings and purpose; pro- vtding for applicability; providing for rates, fees and charges; pro- viding for Medicaid billings; providing for Nedicare and other third party billings; providing for alternative methods of payment; pro- viding civil action procedures; repealing in part, previously adopted Ordinances. Seconded by Commissioner Matthews. Upon call for the question the motion carried unanimously, thereby adopting Ordinance 94-44° as entered into Ordinance Book Cosmissioner Volpe moved, seconded by Commissioner Matthews and carried unanimously, to approve the resolution approvtng user fees for Collier County provided ambulances and emergency medical services pur- suant to the previously adopted Ordinance, thereby adopting Resolution 94-679. i57 Page 26 September 13. 1994 (2os?) Item #12C2 RESOLUTION 94-680 RE PETITION CCSL-94-6, JIRRY NEAL, OFFICE OF CAPITAL PRO~CTB NANAGENENT, REPRESENTING COLLIIR COUNTY BCC; REQUESTING A V/LRIINCE iRON TBI COASTAL CONSTRUCTION SETBACK LINE TO ALLON COMSX~K, xION OF A WOODEN HANDICAPPeD RAMP FOR BEACH ACCESS AT CONNORS VANDKRBILT BEACH ESTATES - ADOPTED Legal notice having been published in the Naples Daily News on July 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Saunders remarked that Item #12C2, #12C3 and #12C4 are all Coastal Construction Setback Line petitions. He suggested that they be heard together. Barbara Burgeson, Environmental Specialist from Current Planning, explained that these three petitions were heard previously and the Board directed Staff to present further information on them. County Attorney Cuyler stated that they could be combined. In response to Commissioner Volpe, County Attorney Cuyler replied that the basic question to whether the County has legal authority to access the property. He said that the answer is yes, the County does have legal authority and It is a public access. Assistant County Attorney Ashton stated that the easements were created by plat. She said that the map that Is attached with the dedication page provides that there ts a public walkway and easement for a public walkway. She said that there seems to be some confusion over the recording of a resolution that refers to these easements as private easements. She stated that she believes that the conclusion Is the result of the recording of some restrictive covenants that stated that these easements were private easements. She Indicated that these restrictive covenants were recorded 10 days after the plat. She said that makes It clear that a private easement was created and then restrictions attached which were ineffective. County Attorney Cuyler confirmed that this ts the position of the County Attorney's Office. In response to Commissioner Volpe, Ns. Ashton replied that the Page 27 September 13, 1994 legal conclusion is that these are dedicated public easements. Attorney Anthony Pires, representing the owners of Lot 32 and Lot 33, stated that these are the two parcels that are subject to the easement that the County contends is public. Attorney Pires stated that he objects to the County's legal finding for a number of legal issues. He presented a copy of the Deed of Restrictions, dated January 31, 1953 and filed February 19, 1953 in Deed Book 26, Page 354. He presented a Resolution that was adopted June 22, 1976 and recorded in Official Records Book 654. He said that according to the BCC Minutes of June 8, 1976 and June 26, 1976 the Board directed Staff to investigate the request of Mr. Phillip Francour, who petitioned that the Board waive certain beach access for property that he owned. He stated that the minutes reflect that the Planning Director's report states that "It is recommended that the above described beach access be eliminated for the following reason: Four 10 foot beach easements are provided along Gulf Shore Drive for the use and convenience of the residents in Blocks A, B, C and D of Connots Vanderbilt Beach Estates." He said that this access point is the same access point between Lot 32 and 33. He said that this Staff report was adopted by the Board at the June 22, 1976 meeting as evi- denced by the Resolution of June 22, 1976. Attorney Piree expressed concern regarding Section 2.6.9.2 of the Land Development Code which provides as a Conditional Use "Construction of governmental facilities in a residential zoned district". He said it provides under Conditional Uses "Governmental facilities in residential, agricultural and estate zoned districts except as otherwise applied in Section 2.6.9.1." He said that he con- tends that this is a Conditional Use. Attorney Pires pointed out that Policy 11.2.4 of the Growth Management Plan Conservation and Coastal Management Element provides "All public access facilities shall include parking facilities and roadway access." He said that he is unaware of any parking facilities provided for this particular instance. Page 28 September 13, 1994 In response to Commissioner Norris, Mr. Neal presented photographs of the area in question and explained that the photographs clearly show a well worn path at the location. He stated that no parking lots or off-street parking is planned for the area. The following people spoke on the subject: Evelyne Lawmaster Betrye Pangle Patrick J. Stern Tape #3 Attorney Pires stated that he disagrees that this is a public easement as it is presented. He requested that the Board deny these petitions. Assistant County Attorney Student stated that there is already existing public access and that the County is going to put an improve- ment on top of it. She said that public access predates the Comprehensive Plan, therefore, the Comprehensive Plan does not apply to it. She said that to fully understand the provisions of the Comprehensive Plan you must look at the objective and the supporting policies. She said that Objective 11.2 states "The County shall con- tinue to insure that access to beaches, shores and waterways remain available to the public and by December 31, 1992, develop a program to expand the availability of such access and a method to fund this acquisition." She said that the Objective speaks to the future. Assistant County Attorney Student indicated that a Conditional Use is unnecessary. Bob Mulhere, Acting Current Planning Manager, explained that the Essential Services section of the Code does not apply. He said that this is not a recreational facility but an improvement to an existing easement. County Attorney Cuyler stated that Mr. Pires does raise issues with regard to the adopted Resolution. In response to Commissioner Norris, Mr. Neal explained that the initial request came from one person but was followed by many calls from the elderly. He said that it is not restricted to one person in ,oo., 0C"0 , :i62 Page 29 September 13, 1994 one location. In response to Commissioner Volpe, Mr. Neal replied that the dune will not be removed nor any dune vegetation. Commissioner Constantine closed the public hearing. Commissioner Volpe moved, seconded by Commissioner Matthews, and carried unanimously, to approve Petition CC5L-94-6, thereby adopting Resolution 94-680. Page 30 September 13, 1994 Iteall2C3 I~SOLUTION 94-681 R~ PETITION CCSL-94-9, 3ZRRY NF~L, OffICE OF CkPITAL P~O3ZCTS HMI&6Zi~!IT, RZPI~SXllTIN6 COLLIaR COUNTY BCC; RZQUZSTIN6 A VARIMICZ FROM THZ COASTAL CONSTRUCTION SZTBACK LINZ TO ALL(M CONSTRUCTION OF A IIOODZll HANDICAPPKD RJ~P FOR BXkCH ACCXSS ON VANDZRBILT BZACN - ADOIxl~D Legal notice having been published in the Naples Daily News on July 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. This item was heard in conjunction with Item #12C2 and Item #12C4. (See above). Commissioner Constantine closed the public hearing. Coaxissioner Volpe moved, seconded b~ Coamiesioner Matthews and carried ~nani~ously, to approve Petition CC5L-94-9, thereb~ adopting Resolution 94-681. Page Stptwmbtr 13~ 1994 %tet e12C4 RESOLUTION 94-682 RE PETITION CCSL-94-8, 3ERRY WEAL, OFFICE OF CAPITAL PRO3ICTS MANAGEMENT, REPRESENTING COLLIER COUNTY BCC; REQUESTING A VARIMICI FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW CONSTRUCTION OF k WOODEN HANDICAPPED RAMP FOR BBACH ACCESS ON CONNORS VANDKRBILT BBACH ESTATES - ADOFrED Legal notice having been published in the Naples Dally News on July 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. This item was heard in conjunction with Item #12C2 and #12C3. (See above). Commissioner Constantine closed the public hearing. Commissioner Volpe moved, seconded by Commissioner Nattheses and carried unanimously, to approve Petttlon CCSL-94-8, thereby adoptlng Resolution 94-682. Page 32 September 13, 1994 set Recess: 12:45 PN - Reconvened: 1:45 PN At this time Deputy Clerk Fernlay replaced Deputy Clerk Barbtrsttt $$$ (380) Item#12C6 PROPOSED ORDINANCE PROVIDING FOR REGULATION OF STOCKPILED MATERIALS AND AB&NDONED CONSTRUCTION; PROVIDING FINDINGS AND PURPOSE; PROVIDING DEFINITIONS; PROVIDING SAFETY MEASURES; PROVIDING ENFORCKNEIIT AND PENALTIES - PUBLIC HEARING CONTINUED TO OCTOBER 11, 1994 Legal notice having been published in the Naples Dally News on August 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Tom Bartoe, Code Compliance Supervisor, stated that due to the tragic death of Nancy German's son at a construction site nearly two and a half (2 1/2) years ago, the Board direction Staff to work with Nancy and contractors to draft an ordinance to regulate stockpiling of materials at construction sites and abandoned construction sites. Nancy German stated that the builders feel that the proposed ordinance Is too costly and will hinder business. She mentioned that she spent time inspecting construction sites and most builders already conscientiously safeguard their construction sites to a certain degree. Ms. German explained that last year & public school bus driver contacted her requesting help because every day the bus driver had to chase children away from playing at the construction site at the intersection of Green Boulevard and Santa Barbara Boulevard. She contacted Mr. Bartoe who contacted the construction company and a fence was erected around the total site. Ms. German stated that she is not in support of the proposed ordinance because Section Three, Safety Measures at Construction Sites requires "...trench shall be protected by barricades, fence, signs, lights or other devices" and barricades could be Interrupted as a wooden horse with a light which could attract children. She requested that a six foot (6') high chain link fence be required. He. German pleaded that Item c., Active construction sites, under Section Three Exceptions be eliminated because the ordinance becomes useless if Included. · 000 172 Page 33 September 13, 1994 He. German stated that Collier County is experiencing such tre- mendous growth that guidelines must be established to assure that the County remains as safe as it is beautiful. In response to Commissioner Constantine, Mr. Bartoe explained that active construction sites are listed under exceptions to the safety measures because contractors who assisted in preparing the ordinance felt the fencing of some sites could be very costly. He pointed out that the ordinance provides that a pile which is not six foot (6') high and a slope no greater than four (4) to one (1} are not considered stockpiles. Commissioner Constantine stated that contractors have other options available rather than fencing if active sites are not included under Exceptions. Kathy Bailie, representing the American Subcontractors Association, stated that the Association supports the ordinance as presented. She explained that active construction sites are listed under Exceptions because every construction site poses different cir- cumstances which create impossibilities for fencing stockplies; while some sites are conducive to fencing the entire project, others are restrictive and too large, such as golf courses. Ms. Bailie pointed out that while active construction sites are listed under Exceptions, active construction sites are defined as where there is weekly, progressive activity; any stockpile left longer than seven (7) days without activity or abandoned, must be fenced. She explained that the longer a stockpile sits, the more inviting they become to children. Ms. Bailie mentioned that at excavation sites, the material is worked and reworked daily to accommodate retention areas, perking labs, landscaping and building pads which makes it impossible to erect fencing because of constant equipment activity. Commissioner Constantine pointed out.that to keep the material below six feet (6~) or at a 4 to 1 slope is not an impossibility. Ms. Bailie answered that keeping the material below six feet 800 173 Page 34 September 13, 1994 or at a · to 1 slope depends on whether the construction site is large enough to allow for same because the engineers usually utilize all space available for various construction needs. She indicated that usually there is not a problem with children playing around construc- tion stockplies where there is daily activity. Commissioner Constantine stated that Ns. Ballle Indicated that a golf course would be too expensive to fence but the entire golf course would not be above six feet (6') and the construction area on most golf courses will be at least 1,000 feet from the nearest residence. He pointed out that the word "usually" was utilized when addressing the problem of children playing around stockpiles which disturbs him because the Instance where they are playing around stockplies the ordinance Is attempting to address. Ns. Batlie explained that experience dictates that the ordinance can be complied with or without active construction sites being Included under Exceptions but not in all circumstances. Commissioner Volpe questioned if compliance with the ordinance will be physically or economically impossible? Ns. Batlie Indicated that compliance with the ordinance in all cases will be physically impossible because a contractor cannot pro- vide equipment access to a dirt pile with a fence around It. Commissioner Natthews recommended rolling the fence back to gain access. Commissioner Constantine recommended gattng the fence. Ns. Batlie explained that stockplies are not always accessed from one (1) point only; loaders may be loading trucks at both ends while excavating materials are being brought to the stockpile at another location. Commissioner Constantine pointed out that providing access to a stockpile at one location will create a hardship not an impossibility. Dave Weston, representing the Collier Building Industry Association, stated that not one (1) tragedy is acceptable within the Industry but the amount of money added to the cost of a single family Page 35 September 13, 1994 residence must be considered when adding additional requirements to the construction industry. He explained that most materials are moved within one (1) week at a construction site. Mr. Weston pointed out that including active construction sites under Exceptions is a give and take situation among the parties drafting the ordinance, making a construction site workable while protecting the safety of the children in the area. Commissioner Saunders pointed out that not all construction materials are included as stockpile items; only rock, sand, boulders, cinders, stone or dirt are included in the definition as stockpile. ~r. Bartoe indicated that Mr. Weston may not have received the latest revision of the ordinance wherein the definition of stockpile is limited to rock, sand, boulders, cinders, stone or dirt as indi- cated by Commissioner Saunders. Commissioner Volpe requested clarification of ~...where a hole or trench is left open at the end of production for a valid construction reason, the entire perimeter of the open hole or trench...~ Mr. Cuyler explained that the intent of Nend of production~ is at the end of the day. Commissioner Volpe stated that language clarifying wend of pro- duction" needs to be included in the ordinance and protection of open holes or trenches should be defined. He questioned the exemptions of mining operations, agricultural operations and industrial uses from Section Three, Safety Measures? Mr. Bartoe explained that mining operations, agricultural opera- tions and industrial uses normally are not located within a residen- tial district and is covered by not allowing a stockpile within 1,000 feet of a residential area. Commissioner Constantine questioned why a special classification is created exempting certain areas from safety measures if they are not located within 1,000 feet of a residential area? Commissioner Harthews pointed out that children will ride their bicycles 1,000 feet to get where they want to go. Page 36 September 13, 1994 Commissioner Volpe stated that excavation and mining activity are often permitted when a Planned Unit Development (PUD) is approved and are within 1,000 feet of a residence as part of the overall PUD. Mr. Bartoe explained that an industrial use would be a concrete plant which stockplies rocks and sand. Commissioner Norris requested clarification of "residential area;" occupied or a tract of residential lots? Commissioner Volpe explained that "residential area' means any residenttally zoned property. Commissioner Constantine recommended adding "developed residen- tial area," and deletion of Item c. under Section Three, Paragraph 2, Exceptions. Commissioner Matthews requested Instituting a variance procedure for minor Instances where it becomes Impossible to fence in an active construction site. Commissioner Saunders pointed out that a variance procedure is required. Mr. Cuyler stated that the County may not be legally required to provide a variance procedure but can be Included should an appli- cant present his case to Development Services and the Board authorizes Staff to determine whether the contractor can or cannot operationally continue under the ordinance. He mentioned that an administrative procedure can be provided allowing Staff to make the determination or the case can be presented to the Board for decision. Commissioner Volpe pointed out that strict guidelines for an administrative procedure must be established or the County could be subjected to liability. Mr. Guylet acknowledged that strict criteria will be necessary to guide Staff in the administrative variance procedure. Dick Clark, Interim Community Development Services Administrator, explained that potential waivers can Include providing 24 hour guards or another form of protection for the children and the site. Mr. Cuyler pointed out that the Board may wish to continue this 000,, -176 Page 37 September 13, 1994 item to allow Staff to make changes and present the revised ordinance for adoption. Commissioner Constantine stated that provided that a variance procedure can be established, Item c. under Exceptions should be deleted as well as Item b., "A stockpile in existence for less than seven days, mining operations, agricultural operations and industrial uses." Commissioner Matthews stated that the definition of an "open hole" needs to be included because an open hole can be six inches (6") or six feet (6') deep. Mr. Clark remarked that "excavation" can be substituted for hole and a definition does exist for excavation which is anything deeper than three feet (3'). Commissioner Constantine suggested that the revised ordinance be brought back to the Board due to the numerous changes being requested. He recommended the use of excavation in place of hole, "developed" be inserted in front of residential area, deletion of Items b. and co and a variance procedure be established. Commissioner Matthews indicated that clarification also needs to be included for "at the end of production°" i.e. daily production. Commissioner Constantine recommended continuing the public hearing for two (2) weeks. Mr. Cuyler confirmed that two (2) weeks is sufficient time for the County Attorney's Office to complete work on the revised ordinance. Mr. Clark requested the Staff be allowed to bring the revised ordinance back in four (4) weeks to allow presentation to the Steering Committee. Mr. Cuyler indicated that the public hearing will not need to be readvertised if presented to the Board at the October 11, 1994 meeting. It e the consensus of the Bomrd that the public hearing be con- tinued to the meeting of October 11, 1994 to mllow for chalxgee to the ordinance. Page 38 September 13, 1994 Commissioner Volpe questioned if the proposed ordinance is pat- terned after another city or county ordinance. Mr. Clark explained that Mr. Bartoe consulted by telephone with other communities but will investigate whether a written sample ordi- nance was obtained. (1522) Item #12C8 RESOLUTION 94-683 RE PETITION AV 94-012, BUTLER ENGIIIXERING, INC., REFRr~KNTING W.S. RKALT'r, INC., REQUESTING VACATION 0F A TEN FOOT (10') DI~AINAGE KaSB(ENT LOCATED ON A PORTION 0F TRACT I ON THE PLAT MINDSTaR, AS i~ECORDKD IN PLAT BOOK 4, PAGES 11-15, PUBLIC RECORDS C0LLIK~ COUNTY, FLORIDA - ADOPTED Legal notice having been published in the Naples Daily News on August 28 and September 4, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Russ Mullet, Transportation Engineer, stated that this item is a request for vacation of a ten foot (10') drainage easement located on a portion of Tract N on the plat of Windstar. He explained that the easement was platted as part of the original tract and replatting of the tract into lots requires vacation of the easement and rerouttng of the drainage and storm drain system within the new road included in the plat of Ketch Cay, Unit 1. Mr. Muller mentioned that Letters of No Objection have been received from Project Review, Water Management, Utilities, South Florida Water Management District and the Windstar Homeowners Association; therefore, Staff recommends approval of Petition AV 94-012. Commissioner Constantine closed the publtc hearing. In response to Commissioner Volpe, Transportation Services Administrator Archibald replied that the pipe In the portion of the easement being vacated is being replaced by pipe which Is part of the roadway system and are currently in-place. Commissioner Volpe moved, seconded by Commissioner Norris and carried 4/0 (Commissioner Saunderm out), that Petition AV 94-012 be approved, thereby adopting Resolution 94-683. oo, OOO 178' Page 39 Septsaber 13, 1994 {iris} ORDINANCE 94-45 RX PETITION R-94-2, RONALD 3. LAFLAIeiX OF ARCHITECTURAL DESIGN CORPORATION REPRESENTING 3MS BILLIE REQUESTING & R~ZONX FROM CONSK~VATION-ACSC/ST TO AGRICULTURE-ACSC/ST FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41 AND APPROXIMATELY THREE (3) MILES litST OF THI PORT OF THE ISLJLWDS, CONSISTING OF 10~ ACRES - ADOPTED Legal notice having been published in the Naples Daily News on August 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Ray Bellows, Project Planner, stated that the petitioner proposes to rezone ten (10) acres from Conservation to Agriculture to offer a museum and other educational/cultural facilities, including the restoration of the historic Weaver's Station. He mentioned that the petitioner proposes a separate indian museum with display chickee huts. Mr. Bellows explained that on June 8, 1993, the Board of County Commissioners desi~nated Weaver's Starton as a local hlstortc site; subsequently the Historic Preservation Board reviewed this petition and issued a Certificate of Appropriateness for the proposed restora- tion and use of the weigh station as a museum, along with the indian museum and display chtckee huts. Hr. Bellows pointed out that the petition has been reviewed by all appropriate County agencies, no level of service standards will be adversely affected and the request is consistent with the Growth Management Plan. Mr. Bellows stated that the proposed site improvements are limited to the areas which were previously developed and, therefore, no environmental impacts will occur to any sensitive lands. Mr. Bellows explained that the Collier County Planning Commission recommends approval of the petition subject to Staff's stipulations and the manager of the Fakahatchee Strand State Park also recommends approval subject to the land uses being limited to only those covered by the conditional use. Commissioner Matthews questioned why the petition is not a Page 40 September 13, 1994 Planned Unit Development (PUD) since specific uses are being requested? Mr. Bellows explained that the petitioner wishes to restore Weaver*s Station for use as a museum and the Agricultural Zoning District allows cultural and educational facilities. He pointed out that uses can also be specified under the conditional use process. Commissioner Matthews questioned what uses are incorporated into the Agricultural Zoning? Mr. Bellows replied that the property is subject to the Agricultural Zoning but with the Conditional Use Overlay, the land is limited to the specific uses. Commissioner Matthews questioned what other uses the property can be used for after the conditional use expires? Mr. Bellows stated that the land will be subject to the Agricultural Zoning after the conditional use expires which allows general agricultural activities, residential (one single family home per five acres), and adult congregate living facility. Commissioner Matthews questioned if the requested conditional use is a permitted conditional use under the Conservation Zoning? Mr. Bellows responded negatively. County Attorney Cuyler pointed out that the Land Development Code allows for special conditions to be placed on fezone requests if Commissioner Matthews has concerns over future land use. Commissioner Matthews expressed concern that in the future the sensitive property will be utilized for uses other than the con- ditional use being requested. Commissioner Norris questioned if the Board can legally require that the land revert back to the present zoning if the property ceases to be used ae requested? Mr. Cuyler informed that the land will not revert back but the property would be subject to another fezone request. Commissioner Norris etated that the Board can restrict the pro- perty to the requested use only. .. Page 41 September 13, 1994 Commissioner Constantine closed the public hearing. Coeaissioner Norris moved and seconded by Cosaissionsr Sawndare to approve Petition R-94-2. Commissioner Matthews requested that the motion include the restriction that the property can only be used for museum purposes as outlined in the conditional use request. C~lssioner Norris aaended his motion to include the restriction that the propert7 can only be used for museum purposes as outlined the conditional use request. Conissioner maunders amended his second. Upon call for the question, the motion carried 5/0 that Ordinance 94-45 be adopted and entered into Ordinance Book (2072) lteslel3A1 RESOLUTION 94-684 RE PITITION CU-94-4, RONALD 3. LAFLA)Q(~ OF ARC~IT~CTUItIL DISIGN CORPORATION REPRESENTING 3AMES BILLIX REQUESTING A CONDITIONAL USE 23 OF THE AGRICULTURE-ACSC/ST ZONING DISTRICT TO ALLON FOR k MUS~]M AND CULTURAL F&CILITIIS FOR T'HZ PROP'ZlTTY LOCAT~D ON T'HX SOITTH SIDX OF U.S. 41 AND APPROXIMAT~LY THRZZ (3) MILZS FAST OF THX POX'T OF T![X ISLANDS - ADOPTED Legal notice having been published in the Naples Daily News on August 28, 1994, as evidenced by Aff~davit of Publication filed with the Clerk, public hearing was opened. Discussion on this item was heard under Item #12B1 above. Commissioner Constantine closed the public hearing. Coaaismloner Natthaws moved, seconded by Commissioner Volpe and carried~nani~ously, that Petition CU-94-4 be approved with the restriction that the property can only be used for suseu~ purposes, thereby adopting Resolution 94-684. Page 42 September 13, 1994 Item #13JL2 - Withdrawn (2096) Item #13&3 RESOLUTION 94-685 RE PETITION CU-94-9, THE COW2(UNITY SCHOOL OF NAPLES REQUESTING CONDITIONAL USE "10" OF THE AGRICULTURAL ZONING DISTRICT TO EXPLND JJ2 KXIETING SCHOOL - ADOPTED Legal notlce havlng been published in the Naples Daily News on August 28, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Chahram Badamtchian, Planner, stated that The Community School of Naples is requesting the Conditional Use ~10~ of the Agricultural Zoning District to add a 2.17 acre parcel into the 28 acres existing school site for expansion purposes. He indicated that the request is consistent with the Future Land Use Element of the Growth Management Plan and no level of service will be impacted. Mr. Badamtchian mentioned that the Collier County Planning Commission reviewed the petition on August 4, 1994 and by a vote of 8/0 recommended approval subject to the stipulations contained in the Agreement. Commissioner Constantine closed the public hearing. ~lssioner Norris moved, seconded by Commissioner Volpe and carried 4/0 (Commissioner Saundere out), that Petition CH-94-9 be appr(xved, thereby adopting aeeoluttou94-685. 193 Page 43 September 13, 1994 (21~1) ltete13A4 KESOLOTION 94-686 RZ PETITION SV-94-3, DAVID E. WZSTON OF MARITIME VZNTUPa l, INC. EZQUESTING A 15 FOOT VARIANCE FROM THE REQUIRED FRONT YARD SETBACK ESTABLISHED FOR SIGNS OF 15 FEET TO ZERO FEET AND A 15 FOOT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK ESTABLISBXD FOR SXGNS OF 15 FRET TO ZERO FRET, FOR A GROUND SIGN FOR PROPERTY LOCATED OFF S.R. 92A IN TH~ VILLAGE OP GOODLAND - ADOPTED Legal notice having been published in the Naples Dally News on August 28, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Chahram Badamtchtan, Planner, stated that the Petitioner is requesting a sign variance from the required front yard and side yard requirements to install a ground sign on S.R. 92A at the entrance to the Goodland Marina. He explained that mangroves prohibit installing the sign with the required setbacks and still be seen from the road. Mr. Badamtchian informed that the Department of Environmental Protection prohibits trimming of the mangroves and, therefore, Staff is recommending approval of Petition SV-94-3. Commissioner Constantine closed the public hearing. Co~millloner Norris moved, seconded by Commissioner Volpe end carried 4/0 (Commissioner Saundere out), that Petition SV-94-3 be approvwd, thereby adopting Resolution 94-686. .o, 000 Page 44 September 13, 1994 (2252) Item #13B1 RESOLOTION 94-687 M PETITION CU-92-2, CRAIG SNITH REQUESTING A SECOND EXTENSION FOR CONDITIONAL USES 19 AND 20 OF TH~ "A" ZONING DISTRICT FOR SPORTS INSTRUCTIONAL SCHOOLS AND CANFS AND SPORTING AND I~XCREATIOIJLL CANFS FOR PROPERTY LOCATED ON TIEE NORTH SZDN OF PINE RIDGE ROAD APFI~OXIK&TELY 3/4 NILE EAST OF AIRPORT-PULLING ROAD, COEXISTING OF 5.88~ ACRES - ADOPTED Bob ~ulhere, Acting Current Planning Manager, stated that this request is the second out of three (3) permissible extension requests by Craig Smith for sports instructional schools and camps and sporting and recreational camps. He indicated that Nr. Smith has been very busy traveling throughout the nation conducting gymnastics demonstra- tions where he has been successful in bringing gold medals back to Collier County. Hr. Hulhere explained that Nr. Smith has guaranteed that construction will commence in 1994. In response to Commissioner Volpe, Hr. Nulhere confirmed that construction may have already commenced at the site as the request for an extension was presented approximately one (1) month ago. Commissioner Constantine closed the public hearing. Costtesioner Natthews moved, seconded by Commissioner Norris and carried 4/0 (Commissioner Saunders out), that Petition CU-92-2 be granted m second extension, thereby adopting Resolution 94-687° 000 209 Page 45 September 13, 1994 (2344) Item#14a UPDATK ON GLADKS PROPERTY RETENTION PONDS County Attorney Guylet stated that the property owners did file a law suit against the County. He explained that at one time Mr. Hubschman indicated that the issue could be settled. Commissioner Constantine stated that he and Assistant County Attorney Bryant met with Mr. Hubschman and his attorney last week but an agreement was not reached. Commissioner Constantine stated that he has been sick for three (3) days and was unable to contact Hubschman yesterday as promised and was out when Mr. Hubschman attempted to contact him at home Monday evening. Commissioner Volpe questioned what alternatives are available if the County is required to vacate the property? Mr. Cuyler indicated that the County is unable to vacate the property. Commissioner Constantine pointed out that Mr. Clemons was to research alternatives for the County and that should be pursued. (2500) lta t14b UPDAT~ Ol~ ISLIID AIRPORT Commissioner Constantine stated that an Agreement between Secretary Weatherell and he had been reached regarding the r~arco Island Airport; however, the Agreement that was received from her staff was not what had been agreed upon. He indicated that a con- ference call is scheduled for Friday, September 16, 1994 between all involved parties and hopefully the details of the Agreement can be resolved. Commissioner Matthews stated that she discussed with Mr. Dotrill the possibility of taking three (3) sections of land, create a mitiga- tion bank, and purchase the airport with the funds. County Manager Dorrill stated that there is one (1) state and federally approved mitigation bank in Pembroke Pine and credits are 000- , 2:i5 Page 46 September 13, 1994 available between $30,000 and $50,000 per acre. He indicated that additional work is needed to determine where enhancement opportunities exist to satisfy the Army Corps or Engineering, Department or Environmental Protection and the Hater Management District and the County acreage could be infested with exotics. Commissioner Constantine indicated that he is hopeful of salvaging the original Agreement but alternatives should be addressed in case an agreement cannot be reached with the State. (2645) Item#14c FRIEND~ OF BAREFOOT BBACH PRESERVE AeREEMEITE Commissioner Saunders stated that a lease agreement was approved on the Consent Agent with the Friends of Barefoot Beach and Emily Maggio expressed concern with language contained in Article V of the Agreement. Commissioner Saunders explained that the concern is that the entire parcel will be leased and utilized by private groups, excluding the public. He indicated that permission to utilize the entire parcel would require approval by the Board of County Commissioners at a public hearing. Commissioner Saunders requested that Staff contact Ms. MaggIo and inform her of the requirement to apply to the Board of County Commissioners in order to utilize the entire Barefoot Beach Preserve for private use and the Board has no obligation to permit same. (2754) ltes#15c COUNCIL OF ICOIOSelC ADVISORS County Manager Dorrill informed the Board that the Council of Economic Advisors is experiencing difficulty in determining who the three (3) alternates to the council will be. He explained that all twelve (12) members wish to be voting members as opposed to the established nine (9) voting members and three (3) alternates. It m the consensus of the Board that a public hearing he adver- Page September 13, 1994 timed to amend the ordinance which established the Council of Economic Advisors to allow all twelve (12) members to be voting members. (2821) Item 8158 WORKSHOP FOR UTILITIES' COI~ux~/SOFTWARE CONSULTANT PRIOR TO THE BUDGET HEARING ON SEPTEMBER 28, 1994 - WORKSHOP SCRXDULED TO BEGIN AT 4:00 PM County Manager Dorrill informed the Board that a Workshop has been scheduled for 4:00 PM, not to exceed one (1) houx~, , final Budget Workshop on Wednesday, Septemoer ,o, ,, .... ,___ recommendations of the Utilities' computer software consultant. (285Z) Xtesae12b !tIMINDIITNAT ON 811zTEMBER 15, 1994 AT 1:00 PMTH/SAFE N/IGHBORNOODS WOIqZNNOP/STMPOSIUMWILL BE KELD County Manager Dorrill reminded the Board that they, in part, are sponsors of the Safe Neighborhoods Workshop/Symposium to be held on September 15, 1994. He stated that the County Is working with the School Board to have the symposium video taped and broadcast over Government access television. see Cossalssloner Matthews moved, seconded by Commissioner Norris and carried unanimously that the following items under the consent 8genda be approved and/or adopted. 88s ACCIPTAWC! FOR RILOCATION OF SMR UTILITY EASEMINT FOR PILlCAll MARSH RISOLUTION 94-657 AUTHORIZING FRILIMXNARY ACCEPTAlICE OF THE ROAD%fAY, DRAIIlaaE, ~ ~ S~ I~O~xS ~R ~ FIN~ PMT OF eBRI~D ~T ~' ~ ACCE~IN~ ~ I~~LE L~ OF ~DXT ~~ D~~ ~R ~I~CK OF ~ I~O~ ~R A MIII~ OF 0B ~ - ~ ~I~TIONS U D~AILKD IN ~ ~~ ~ It.= e16A5 ACCKPTANC~ OF TH~ MATER AND SEWER FACILITIES FOR BRIARWOOD UNIT TWO - WITH STIPULATIONS AS DETAILED IN THE EXECUTIV2 SU~D~RY ACCEPTANCl OF X!RRIVOCABLE STANDBY L~"rTER OF CREDIT TO GUARANTEE COMFLSTION OF IXCAVATION FIRMIT NO. 59.515, wleGRIT'S MALE" Page 48 September 13, 1994 Itma#liAS RESOLUTION 94-658 PROVIDING FOR ASSESSIlENT OF LIEN FOR THJ COST OF THE A~aTBe~IT OF PUBLIC NUISANCE, CONPLIANCE SERVICES CUE NO. 40610-029, GeOFXlt OF RECORD RICHARD LOVE Item 116A6 RESOLUTION 94-659 PROVIDING FOR ASSESSNENT OF LIEN FOR THE COST OF THE ABATEMENT OF FUBLIC NUISANCE, COMPLIANCE S~RVICES CUE NO. 40614-027, OM~KR OF RECORD DOU6LAS N. KELLY & DEBORAH L. KELLY See Pages Item #16A7 RESOLUTION 94-660 PROVIDING FOR ASSESSNEET OF LIEN FOR THI COST OF THE /tBATaNENT OF PUBLIC NUISANCE, CONIqalANCE SERVICES CASE NO. 20901-025, OWNER OF RECORD LINUA ANN HOPPER See Pages ltem/16A8 RESOLUTION 94-661 PROVIDING FOR ASSESSMENT OF LIEN FOR TIrE COST OF THE ABATEMENT OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE NO. 40314-035, CNOeKR OF RECORD ZBIGNIEWTONSZAY f DORILA M. TONSZAY See Pages Item #12~g RESOLUTION 94-662 PROVIDING FOR ASSESSNENT OF LIEN FOR THE COST OF THE ABaTENEFf OF P~BLIC NUISANCE, CONPLIANCE SERVICES CASE NO. 40314-136, OMNKR OF RECORD ALBERT DORIA & VERONICA DORIA See Pages Item #16A10 RESOLUTION 94-663 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATBeEFr OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE 10. 40404-032, GeOtXR OF RECORD RANON CASTRO & ROSA CASTRO i ERCILIA ANZUALOA See Pages Item #16all RESOLUTION 94-664 PROVIDING FOR ASSESSNENT OF LIEN FOR ~ COST OF THE /~B~T~e~Fr OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASE NO. 40415-034, OWNER OF KECORD 3OSE LUIS CkTETE & LUClL~ CATFIE See Pages ltes/16A12 .oo, 000 218 Page 49 September 13, 1994 RESOLUTION 94-665 PROVIDING FOR ASSESSMENT OF LIEN FOR TH~ COST OF THE ABATEMENT OF PUBLIC NUISANCE, COMPLIANCE SERVICES CASK NO. 40606-029, OWNER OF RECORD NABEL M. ALBRECHT ET AL See Pages Item e16&13 RESOLUTION 94-666 PROVIDING FOR ASSESSMX]IT OF LIEN FOR TR/COST OF THE AB&TINKIT OF PUBLIC NUISANCE, CONPLIANCE SERVICES CASE NO. 40610-022, OILIER OF RECORD RICI LOVE See Pages Item#16&14 RESOLUTION 94-667 PROVIDING FOR ASSESSNENT OF LIEN FOR THE COST OF THE kBAT!ilZNT OF Iq:IBLIC NUISANCE, CONPLIANCE SERVICES CASE NO. 40328-018, OWNER OF RECORD DOUGLAS L. CARTER a SANDRA CARTER Item #16A15 RESOLUTION 94-667-A AUTHORIZING TEZ RECORDING OF THE FINAL PLAT OF "BOUGiEVILI, ILS" - WITH STIPULATIONS AS DETAILED ZN THE EXleCUTIVE ~.. ,.~.. ~/ Itea116B1 - Continued to 9/20/94 Item #16C1 AGI~XWlIZlTWITH THE FRIKNDS OF THE BAREFOOT BEACH PRESERVE, INC. FOR T~X i"uAPC, Sn OF OPKRATING AN EDUCATIONAL/LEARNING CENTER TO BE LDOATHD AT B&IIEFOOT BKAC~ COUNTY PARK Item 1164::2 A(t~J!M~IFT WITH COLLIB SFORTH OffICIALS ASSOCIATION, INC. FOR ~E OF FROVIDZNG SPORTS OffICIALS FOR COUNTY SPONSORZD ACTIVITIES Item#16El BID 154-2268 RE FLEET VEHICLES - TO BK PURCHASED FItON THE LOJ4~ST WPO~XV~ BXDDIR~ IN THE ESTXNATHD ANOUNT OF e900,000 Item #16K2 FORM&L BID PROCESS WAIVED; ENERGY MANAGEMENT AND BUILDING AUTOMATION PURCHASING AGREEMENT TO BE RE-ENTERED INTO WITH 30HNSON CONTROLS, INC. .o,, Page 50 September 13, 1994 Ites#l~ - Continued to 9/20/94 lteselll4 - Continued to g/20/94 ltea#1691 LEJ~SI~OLD/Mt!~KENKNT BETWEEN THE CITY OF NAPLES AIRPORT AUTHORITY AND COLLID COUNTY FOR VACANT LAND TO ACCOteeOD&TE & FUTURE N ~ELIPORT AND AIRCRAFT KaNGAR AT THE CITY OF NAPLES AIRPORT - NONTHLY IISTAT.T'~LS TO BE NADE IN THE ANOUNT OF 8499.48 FOR THE FIRST TWO Item 116G1 RESOLUTION 94-668 AUTHORIZING RECORDING OF NOTICES OF DELINQUENT SPECIAL ,t~SRSgle~NT~ FOR SOLID WASTE COLLECTION AND DISPOS&L SERVICE CHJ~RGE~ FOR T~E 1992 SERVICE YEAR Item t16G2 C~RRT FOI~2aRD IN THE NANDATORT TRASH COLLECTION FOND TO INCREASE ~ &~D sx~daZS IN FUND 473 ~ &UTHORIZ~TION FOR TBI BUDGET Item#16N1 - Continued to 9/20/94 Item ilEN2 INC~IL~2 TO T~E CONTRACT WITH GEE & ~KNSON, INC. FORT BE NORTH NAFLIS LIBl~il~r RXNOV&TION/EXPANSION PROJeCT - IN ~ ~ OF 8460 Item #16N3 BUDGET ~ FOR FUNDS 193, 194 ~ND 195 (TOURIST DEVELOPMENT TAX FUNDS) TO INCI~E&SE PAYMENT TO THE TAX COLLECTOR IN TH~ANOUNT OF 849,000 Item e16N4 - Continued to 9/20/94 Item,163 NISCEIJAJI~S COIUtESPONOENCE - FILED MID/OR REFERRED The following miscellaneous correspondence was flied and/or referred as presented by the Board of County Commissioners: .o, 000 220 Page 51 September 13, 1994 Ite~#1631 SATISFACTION OF LIENS FOR SIRVICES OF THE PUBLIC DEFENDER Item #1611 SATISFICTIOII OF LIEN DOCu~xS FILID AGAINST REAL PROPXrrY FOR ABAT~IIIT OF NUISI!ICI Item el6L1 R~SOLUTION 94-669 ILDDIN0 C~RTAIN R~SID~TIILL UNIT5 TO ~ 1991 SOLID ~~ ~ICITI0~ ~R ~HIP Dax~sx 0F PI~ ffi ~~ N~I~ OF ~l~ OF LI~ See Pages Item #16L2 RESOLUTION 94-6?0 RE CERTIFICATE FOR CORRECTION ADDING CERTAIN RESIDENTIAL UNITS TO THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SFECIAL ASSESSNENT ROLL AND AUTHORIZING NOTICZ OF CLAIW OF LIEN See Pages Item #16L3 RESOLUTION 94-671 AUTHORIZING THE APPLICATION FOR HARDSHIP OF PAYMKMT FOR T![E 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SP~CIIL ASSZSS!~3IT See Pages Item 116L4 RESOLUTION 94-6?2 AUTHORIZING THE APPLICATION FOR HARDSHIP De~t~.x OF PAYMBrf FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERTICES See Pages Item 116L5 RESOLUTION 94-673 AUTHORIZING THE APPLICATION FOR HARDSHIP DEF5i~J~/I'x OF PAYMINT FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SFECIAL ASSNSSWZNT See Pages Item #16L6 CONTRACT AGREENENT tilTH THE GULF COAST BOWLING COUNCIL, INC. FOR TOUNIST DKVELOPNKNT TAX FUNDING FOR SENIOR PROFESSIONAL BOWLERS ASSOCIATION OPEN - IN AN ANOUNT NOT TO KXC~ED 839,350 000 223 Pag,, See Pages September 13, 1994 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 2:45 P.M. DWIGHT E. BROCK, CREAK the Board m~ on as presented // or as corrected BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVE G BOARD(S) OF SPECIAL RICTS UNDER ITS CONT · , RMAN Page